by the lord protector. whereas by the thirtieth article of the peace ... england and wales. lord protector ( - : o. cromwell) this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing c thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) by the lord protector. whereas by the thirtieth article of the peace ... england and wales. lord protector ( - : o. cromwell) cromwell, oliver, - . england and wales. council of state. sheet ([ ] p.) printed by william du-gard and henry hills, printers to his highness the lord protector, london : mdcliv. [ ] title from caption and opening line of text. dated at end: given at white-hall the . of may, . reproduction of the original in the british library. eng anglo-dutch war, - -- reparations -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no o.p. by the lord protector. whereas by the thirtieth article of the peace ... england and wales. lord protector a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion op blazon or coat of arms by the lord protector . whereas by the thirtieth article of the peace lately made and concluded between his highness the lord protector of the common-wealth of england , scotland , and ireland , and the lords the states general of the united provinces , it is concluded and agreed , that four commissioners shall be nominated on both sides to meet here at london , upon the eighteenth day of may one thousand six hundred fifty and four , old style , who shall be authorized to examine and determine all the losses , and injuries which either allege to have susteined from the other , since the year one thousand six hundred and eleven , unto the eighteenth of may one thousand six hundred fifty and two , as well in the east indies , as in greenland , muscovy , brazeel , or in any other place ; the particulars of all which shall be delivered in to the said commissioners before the said eighteenth of may one thousand six hundred fifty and four . and whereas in pursuance thereof commissioners are respectively named , viz. john exton , william turner , doctors of law , william thompson , and thomas kendall , merchants , on the part of the english ; and adryan van almonde , christian van rodenbure , lodovick howens , james oysel , on the part of the people of the united provinces , who not being able to meet so soon as the said eighteenth day of may , it was mutually agreed , that the said meeting should be deferred unto the thirtieth of the same moneth of may , and that the particulars of the said demands on either part may be delivered in at any time before , or upon the thirtieth of may next , and that the same being delivered in before , or upon the said day , should be as effectual as if they had been exhibited upon the eighteenth day of may aforesaid . which last agreement his highness hath commanded by these presents to be made publique , to the end all persons concerned may take notice thereof , and deliver in their demands unto the commissioners accordingly . the place of whose meeting is appointed to be at guild-hall upon the thirtieth of may aforesaid . given at white-hall the . of may , . london , printed by william du-gard and henry hills , printers to his highness the lord protector , mdcliv . white-hall fayre, or, who buys good penniworths of barkstead the fayre proclamed. barkstead, john, d. . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing b a). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing b a estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) white-hall fayre, or, who buys good penniworths of barkstead the fayre proclamed. barkstead, john, d. . p. printed for a.p., [london] : . in verse. attributed to barkstead by wing and nuc pre- imprints. imperfect: print show-through, with slight loss of print. reproduction of original in the harvard university library. eng roundheads -- anecdotes. -- poetry. great britain -- politics and government -- - -- poetry. a r (wing b a). civilwar no white-hall fayre: or, who buyes good penniworths of barkstead. the fayre proclamed. o yes, come all who doe intend to buy good penniworths; [no entry] d the rate of defects per , words puts this text in the d category of texts with between and defects per , words. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - robyn anspach sampled and proofread - robyn anspach text and markup reviewed and edited - pfs batch review (qc) and xml conversion white-hall fayre : or , who buyes good penniworths of barkstead . the fayre proclamed . o yes , come all who doe intend to buy good penniworths ; doe you want treachery , schisme , sedition , votes , both pro and con , doe you want bane , to kill a nation : doe you want orders , questions , proclamations , covenants , contracts , compacts , protestations . here you may furnisht be , with sives of ayre : o yes , come all then , unto white-hall-fayre . printed for a. p. . white-hall fayre , &c. spectator . here 's a faire well furnisht ? what colonel barkstead , art thou turn'd pedlar , what rarities , make thy packe looke with so full a countenance ; thou art laden with other commodities ( sure ) then thimbles , and silver spoones . pedlar . sir i intrusted am , by our high states , who are the kingdomes rulers , yea their fates , to put to sale , those paper ordinances who broke ere they were charg'd by sad mischances ; for to make money of those rotten lawes which shrunke , and durst not to support the cause . i am authoriz'd to present to view the states quodiblits , and i have a few of their strange wild projections , hard to see , to kill the king , and all his progenie . spectator . pri-thee discover some of those envi'd objects . what 's that thou art so shie to bring out , rip up the belly of thy bag , and let me take a view of all . pedlar . here is a fairing , dangerous to reveale , 't is the late counterfeited , new great seale : with which the commons ratifie their acts , and doe confirme , their treasonable facts . nor is this to be thought , a grand deceit ; for they each one , even kings do counterfeit . the kings power virtually , is in them they say , and therefore share his diadem : and though against all reason , law , and right , they keepe him prisoner , in the isle of wight . by consequence , he doth amongst them sit , if you will please sir , for to credit it . spectator . their principles are altogether paradoxes ; but prithee , what 's that hath so faire an out-side , yet is so black within . pedlar . o sir ! this able is , all hell to daunt , this is the solemne league , and covenant ; a damn'd projection , such as knox found out when hee , and andrew melvill went about for to reforme the scottish kirk , and draw all to imbrace , the presbyterian law . when the earth sweat , for to behold their acts , and hell was plow'd up , with their hellish facts . this is the gordian-knot , that once did tie two kingdomes , in a trayterous amitie . this thrust them forward , bishops to pull downe ; and after that , to ceaze on charles his crowne : while the poore commons , of this bale-full isle were forc't for to be perjur'd , and meane while expos'd to all calamity , and woe ; their persons slaine , their chattels ceaz'd on too ▪ but now the members , having gain'd their ends , they kick the scots off , once their onely friends ▪ the covenant no longer , they regard ; they fought for fame , their brethren for reward . and oliver , even by his sword hath vow'd their government , shall never , be allow'd , spectator . what 's that , that is so patch't and piec't there , with many cuts and slices in 't , as if some sword had been eating out a passage , through and through it . pedlar . this is an ordinance , o' the purest kind ; that maimed soldiers , may some succour find ; those that have lost , a joynt , an arme , a leg , must now no longer , be constrain'd to beg . they shall have a relief , the day is set , from those delinquents states , not found out yet ; their service is summ'd up , and this is all that must bee their reward , an hospitall : three-pence a day , cleane straw , contempt and scorne , this is the badge , that must their armes adorne . spectator . was any other to be expected , but that those who have ruinated others for gaine , should in the end perish themselves by want ; but what more hast thou there , prithee make a full and free discovery ? pedlar . here 's a declaration showes the members , doe repent the woes they have upon , the kingdome brought ; while they good-men , it's welfare sought : therefore to bleare the commons eyes , and for to stint their heavie cryes this doth declare ; they will appoint those men , who to put all in joint , shall heare , their heavie plaints ; redresse all grievances , that them oppresse : though no such thing , they doe intend ; or that their pressures , e're should end . spectator . enough of that , but what is that other scrowle there , thou hast bound up so surely ? pedlar . o sir , this ordinance commands the speedy sale , of bishops lands ; for since the church is quite defac't : why with revenues , is it grac't . this lovely pawne , is layd to pledge to sathan , prince of sacriledge . since now no learning's requisite but what , the spirit doth indite . since coblers , tinkers , weavers , taylors , rope-makers , chandlers , pedlars , saylors can preach , and lovely well can pray , when as the spirit bids them say . since now each dolt , although in jest , can put on black , and bee a priest ; and with his staffe in hand can trace all o're the land from place to place . and mongst the rurals pick up pence ; tearming it supreame providence . what should wee doe , with learned men ; no , let the chaos , come agen . for since no lands the church doth merit , wee all will live , upon the spirit . spectator . church lands are worth a million an acre , and yet whoseever buyes one for a pennie , will lose by the bargaine , but those sacrilegious theeves at westminster , are so flesht in wickednesse , that were it in their power , they would make sale of the golden gates of heaven , and traffick for the emeraulds and saphires that pave it , but what other conceits hast thou ? pedlar . sir , here 's an ordinance , that doth command , that all the royall partie , out of hand depart the city , and for preservation of those good members , that now rule our nation . not come , within ten furlongs of the citty lest they be snapt , by a select committee . hierusalem , the holy citty none but saints , must have their habitation in thee ; and therefore , now away prophane , and come , when you are sent for in againe . none must in london , take up their abode , but the blest round-heads , the elect of god . whom he hath blest , with a pure reformation , to trample on the ruines , of a nation . bow , bow your backs , stoope , stoope and let them ride yee cavaliers , your fate you must abide . spectator . they are immeasurally happy whose occasions will permit them , to keep out of that great but wicked city , who was the first fementer of the late rebellious warre , and will be the last that so arts the greatest for its treacherie ? but what 's that i' the black box there ? pedlar . sir , this some call , hells master-piece , the core and heart of all those ills , that went before . a vile projection , grimme , and dangerous deform'd , defunct , destructive hazordaus . the epitome , and extract of all crimes , that have these seven yeers , abus'd the times . t is call'd an ordinance , that none shall dare lest they gaine death , as those that traytors are . from their leige lord , a letter to receive or , any letter writ from him to give into their hands ; harke , harke , yee nations neere , yee tartars , who doe only demons feare . it is high treason now , for us to doe , that which the law of god injoynes us to . yea and all humane statutes , were they scand command us to obey , our kings command . ring the bells backward , now let all things jarre , as when the furious element mannag'd warre . all things goe quite contrary , blacks call'd white , white black , right is call'd wrong wrong called right . spectator . thou hast showne mee very strange ware , such as never no pedlar before thee could produce ; but is this all ? pedlar . no sir i 'ave one thing more , and this is it , and let swift fame , for aye remember it : pray shut your eyes , for that which now i shew , once forct sol back , when he the lines did view . as when thiestes banquet , stay'd his course , or joshua's prayers , did unyoake his horse . this i doe want a name for , 't is a thing some call a declaration , 'gainst the king ; taxing him for his life ; this if you buy , you have the master-piece of treachery . this , this alone , discovers their false hearts , and that they ever , acted traytors parts . since now for to support , their tottering state they 'l purchase hell , sell sinne , at any rate . they would perswade the world , the kings command did send his father , to the stygian strand . o damn'd contrivers of a nations woe , the ruiners of prince , and people too . come who buyes this , that hee may read and see what vipers our brave westminsterians bee . but now 't is night , and sol is gon , darknesse ore-spreads the horizon : all you , who to white-hall repaire pray enter , and behold the faire . for such a faire was never knowne , nor ne're will bee , when this is gone . finis . a proclamation signifying his majesties pleasure that all men being in office of government at the decease of the late king, his majesties most dear and most entirely beloved brother, shall so continue, till his majesties further direction / james r. england and wales. sovereign ( - : james ii) approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing j estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a proclamation signifying his majesties pleasure that all men being in office of government at the decease of the late king, his majesties most dear and most entirely beloved brother, shall so continue, till his majesties further direction / james r. england and wales. sovereign ( - : james ii) james ii, king of england, - . sheet ([ ] p.) printed by the assigns of john bill deceas'd, and by henry hills, and thomas newcomb ..., london : . reproduction of original in huntington library. broadside. at head of title: "by the king." at end of text: "given at the court at whitehall, the sixth day of february." created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng charles -- ii, -- king of england, - . great britain -- politics and government -- - . broadsides - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - elspeth healey sampled and proofread - elspeth healey text and markup reviewed and edited - pfs batch review (qc) and xml conversion diev et mon droit by the king , a proclamation signifying his majesties pleasure , that all men being in office of government at the decease of the late king , his majesties most dear and most entirely beloved brother , shall so continue , till his majesties further direction . james r. forasmuch as it hath pleased almighty god lately to call unto his infinite mercy the most high and mighty prince , king charles the second of most blessed memory , the kings majesties most dear and most entirely beloved brother , by whose decease the authority and power of the most part of the off ces and places of iurisdiction and government within this realm , and in the realm of ireland did cease and fail , the soveraign person failing , from whom the same were derived . the kings most excellent majesty in his princely wisdom and care of the state ( reserving to his own iudgment hereafter , the reformation and redress of any abuses in mis-government , upon due knowledge and examination thereof ) is pleased , and hath so expresly signified , that all persons that at the time of the decease of the late king his dearly beloved brother , were duly and lawfully possessed of , or invested in any office , or place of authority or government , either civil or military , within this realm of england , or in the realm of ireland , or in any other his majesties dominions belonging thereunto ; and namely , all presidents , lieutenants , vice-presidents , iudges , iustices , sheriffs , deputy-lieutenants , commissioners of musters , iustices of peace , and all others in place of government , either meaner or superior , as aforesaid ; and all other officers and ministers , whose interests and estates in their offices are determined , or ceased by the means aforementioned , shall be , and shall hold themselves continued in the said places and offices , as formerly they held and enjoyed the same , until his majesties pleasure be further known . and that in the mean while , for the preservation of the peace , and necessary proceédings in matters of iustice , and for the safety and service of the state ; all the said persons of whatsoever degree or condition may not fail , every one severally , according to his place , office , or charge , to proceed in the performance and execution of all duties thereunto belonging , as formerly appertained unto them , and every of them , while the late kings majesty was living . and further , his majesty doth hereby will and command all and singular his highness subjects , of what estate , dignity , or degree they or any of them be , to be aiding , helping and assisting , and at the commandment of the said officers and ministers , in the performance and execution of the said offices and places , as they and every of them tender his majesty's displeasure , and will answer for the contrary at their uttermost perils . and further , his majesty's will and pleasure and express commandment is , that all orders and directions made or given by the lords of the privy council of the late king , in his life-time , shall be obeyed and performed by all and every person and persons , and all and every thing and things to be done thereupon , shall proceed as fully and as amply as the same should have been obeyed or done , in the life of the said late king , his majesty's most dearly and entirely beloved brother . given at the court at whitehall , the sixth day of february , in the first year of his majesty's reign of england , scotland , france and ireland . god save the king . london , printed by the assigns of john bill deceas'd : and by henry hills , and thomas newcomb , printers to the kings most excellent majesty , . his majesties declaration for the relief of the poor miners within the county of derby england and wales. sovereign ( - : charles i) this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing c ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing c estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) his majesties declaration for the relief of the poor miners within the county of derby england and wales. sovereign ( - : charles i) charles i, king of england, - . broadside. by robert barker ... and by the assignes of john bill, imprinted at york : . "given at our court at york, this of august, ." reproduction of original in the society of antiquaries library. london. eng lead miners -- england. great britain -- history -- civil war, - . great britain -- politics and government -- - . a r (wing c ). civilwar no his majesties declaration for the relief of the poor miners within the county of derby england and wales. sovereign a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - john pas sampled and proofread - john pas text and markup reviewed and edited - pfs batch review (qc) and xml conversion ¶ his majesties declaration , for the relief of the poor miners , within the county of derby . charles r. vvhereas we are well informed , by such as we have expresly imployed , that the miners and workmen of our mines in our county of derby are falling into great wants , and likely to be deprived of the means of sustaining themselves and families by their labours , by occasion of severall oppressions , and the stoppage of the vessels employed in the carriage of lead ( the commodity upon which , by their labours , they subsist ) by the illegall and hostile courses used by sir john hotham at hull . we therefore , tendring the relief of our said poor miners , out of our princely care , have thought good hereby to declare : that all such of our said subjects who are willing , and able in body , and shall voluntarily repair to nottingham , to our present army , without sound of drum , shall forthwith receive five shillings a peece for their charges in coming thither , and be afterwards entertained , and duly receive their pay of six shilings by the weeke , during their service in our present wars . and , upon the disbanding of our army , all such of the miners aforesaid , as have faithfully served vs , shall be , during their lives , freed and exempted from payment of lot , cope , and custome for all such dare as they shall digge in our said mines ; and if it shall happen , any of them to dye in our said service , the widdow of the deceased shall have liberty to employ a servant , and injoy such benefits , anb priviledges , during their lives , as their husbands should have had , in case they had survived . and to the end , that this our declaration , and pious intention may be made known to our said subjects , we do hereby require such parsons , vicars , and curats in our said county , to whom these presents shall come , forthwith to publish the same in their parish churches : and for so doing this shall be , as well unto them , as unto all others whom it may concern , a sufficient warrant and discharge . given at our court at york , this of august . . ¶ imprinted at york by robert barker , printer to the kings most excellent majestie : and by the assignes of john bill . . an express from the knights and gentlemen now engaged with sir george booth to the city and citizens of london, and all other free-men of england. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) an express from the knights and gentlemen now engaged with sir george booth to the city and citizens of london, and all other free-men of england. delamer, george booth, baron, - . sheet ([ ] p.) s.n., [london : ] imprint from wing. included at foot: "sir george booth to a friend of his in london" (dated manchester aug. . ). annotation on thomason copy: "august ". reproduction of the original in the british library. eng delamer, george booth, -- baron, - -- early works to . great britain -- politics and government -- - -- early works to . london (england) -- history -- th century -- early works to . a r (thomason .f. [ ]). civilwar no an express from the knights and gentlemen now engaged with sir george booth; to the city and citizens of london, and all other free-men of e delamer, george booth, baron c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion an express from the knights and gentlemen now engaged with sir george booth ; to the city and citizens of london , and all other free-men of england . worthy citizens , and all other our english free-men and brethren , as we are english-men we are all incorporated into one body , and though distinct and different families , fortunes , and qualities , yet fellow members and coheirs of one and the same birthright ; not onely by nature , as we are the sons of men , ( nature obliging all in one common and equal bond of freedom and unity , ) but by certain sacred laws and customes of peculiar and inherent right to this nation ; general , equal , and impartial to all , without respect of persons , rank , quality , or degree , derived through all successions of ages , by the blood justice and prudence of our fore-fathers to us their posterity , as ours , and the right of our children after us , not disinheritable : though this age were wholly made up of apostates and traytors to common justice and freedom , and should make sale of , and deliver up their children as slaves and vassails , yet english right abideth , to wit , our just lawes and liberties , and may justly be reinforced as opportunity may present ; sometimes they sleep but never dye , their total extinguishment is not to be imagined so long as any english-man , or english-blood abideth : and whoever undertaketh , ( though by arms , or otherwise , ) their recovery and redemption is justified in that very action by the laws of god , of nations , nature , reason , and by the laws of the land ; and within the bowels of our nation amongst our selves no war can be justified , but upon that score , the contrary is sedition , murder , treason , tyranny and what not , and the instruments thereof no other in the eye of english freedom and right , but as bears , wolves , and other beasts of prey . now right worthy and noble citizens , and all other our english brethren , let us consider and lay to heart the sad and deplorable condition of our native countrey : oppression , injustice , and tyranny raigneth ; division , discord , and dissimulation fomented and fostered ; trade and industery discouraged , our land rent into parties and factions , and the common band of unity cancell'd , our fundamental laws supplanted , high courts of justice introduced , the blood of war shed in times of peace ; arbitrary and illegal imprisonments , pattents , monopolies excise , and other payments brought upon us , and continued contrary to magna charta , and the petition of right ; no form or face of government of english constitution amongst us ; the name and authority of the people in parliament usurped and abused , and the stamp thereof put upon strange and prodigious actions , vexing and oppressing the people with dayly changes and alterations in government , as the interest of some few ambitious grandees alter and change , or get advantages one of another , and all under the name of a common-wealth , when as the nature is not practised or intended at all , it being utterly inconsistent with their very temper and interest ; they are wrapt up and compounded of nothing but guilt blood and tyranny ; and equal and common justice ( the essence of a common-wealth ) are utterly repugnant thereto ; and whatsoever they can doe must be planted and maintained by sword and violence against the very heart and sence of the nation ; and they know not where nor how to centre an oligarchy or something they would have to be masters of the people , and perpetuate their power and tyranny , and therefore would amaze and confound us with their new debates of a coordinate power , or senate for life , such as our english laws and liberties know not of , and of pernitious consequence to this nation ; so that from these men that thus handle the sterne at westminster , there is no expectation of any just settlement of peace , or freedom from oppression ; especially considering , the apostacy , hypocrisy , deceipt , and perjury of those men , their manifold sollemn engagements , oaths , vows , protestations , appeals unto heaven ; promises , remonstrances , declarations all by them broken again and again , never keeping faith , truce , or oath , being unbounded , unlimited , certain to nothing , not to be held either by the law of god , of man , of conscience , or reason ; and from such persons in government good lord deliver us , and all the good people of england ; and that all this is true of them , your own consciences noble citizens , and all other the free people of england can witness , there is no tongue , no pen is able to vindicate them in this point , it is known of all , owned by all , and can be denyed by none ; how then can any honest or just man shed any blood in their quarrel , or lend them assistance ? surely that blood will be required at their hands , and we doubt not but you will be careful what you do . and therefore from those considerations and just provocations we have taken up arms in pursuance of , and inquisition after our government , laws , and liberties , that every english-man may be protected and secured in his religion , liberty , and property ; and though it may be suggested , that we intend to introduce prosecution for conscience into the land again , we do hereby ( in the presence of almighty god ) protest and declare against all coercive power in matters of religion , and that to the utmost of our strength ( through gods assistance ) we will endevour to the hazzard of our blood and fortunes the freedome and protection of all virtuous and religious people , by what name soever differenced from us , equal with our selves : and that no forraign or other other authority save onely the civil be exercised in england : that the practise of the law be reformed ; all corrupt statutes repealed ; annual elections of all officers and magistrates , with the constant succession of parliaments restored ; our fundamental laws cleared and asserted , and whatever is contrary there to be abolished : that no tryals be admitted in england for life , limb , liberty or estate but by the good old way of juries , and that they be restored ▪ to their original power ▪ and purity : that all extrajudicial and illegal proceedings by high-courts of justice , or otherwise , with all illegal and arbitrary committees be strictly provided against : that the excise , and all other payments and taxes such as our ancestors never knew of , together with all monopolies and pattents destructive to trade and the common good of the nation be also abolished : and , that our parliaments and magistrates be secured from all force and violence ; and utterly cleared from all boundless prerogative , and unlimited priviledge : that the right of the poor in the commons of england , all donations for charitable uses , and all lands formerly belonging to the people be restor'd again : and that mercy and justice be truely established amongst us . and for these ends , and what else may be of publick good to the nation , we do desire , and indeed challenge as of english right , the speedy election of a new free parliament . and thus , most noble citizens , brethren and fellow free-men of england , we have dealt truely and plainly with you , and given you the real grounds and reasons of our taking up arms ; looking upon you as the most concern'd in the nation , and therefore hold our selves the more oblieged to give you this early advice of our candid and just intentions in this undertaking , that you may not be deluded or frighted ( though falsly ) into any strange opinion of us , either through your own mistake , or by the pollicy of those men who will leave no means unattempted to render us as publick enemies , rebels and traitors , plunderers , tyrants and persecuters , or whatever is odious and monstrous , to engage you in blood . beleeve us , right worthy citizens , and free-born english brethren , we have no designe of fire or sword , or of evil toward you or your city , or any part of the nation , or any person in it : we know there are thousands amongst you that are satisfied in us ; it may be indeed that many or most of the gathered sepeate churches may be fearful and jealous of us , and so may be induced to arms against us ; but we do again and again protest before almighty god , and the whole world , that we have no other purpose towards them , but that they with us , and we with them , may be bound up as friends and brethren in the common cause of our countrey , that every english-man may have english freedom and right ; and we do not desire to wrong either man , woman , or childe the worth of a shooe-latchet : therefore we hope you will first well advise before you proceed in a new war , lest you bring not only your own , but others blood on your heads ( for we are resolved to prosecute this to the last drop of our blood . ) the case of england is laid before you , our laws and liberties , they are yours as well as ours , and for which we have all engaged in the first war , and not to be so streightly vai●●d as to be set at stake against the private ends of some ambitious and corrupt persons : salus populi , suprema lex ; let the people live , and their enemies perish . therefore we beseech you , we conjure you as english men , to stand by your native countrey , and your countreys cause : our voyce is , and it is no other than the consent and voyce of the people , a new free parliament , a new free parliament ; it is the english mans main birthright , which we are resolved to put the people in possession of , or to perish with our swords in our hands . but if you will not joyn , but degenerate , we hope nothwithstanding ( by gods blessing ) to carry on this work : yet to that just and glorious work we may challenge your concurrence , it being your duty as well as ours to endevour the procurement thereof : and therefore to you make it our proposall , to your militia , to the army , and the whole people , for the prevention of a new war , and the effusion of english blood , that you would be instrumental with us for the speedy election of a new free parliament , for the ends aforesaid ; and in the interim all hostility to be forborn ▪ and that a day may be appointed , and the people suffered to go to their free elections , and we shall quietly submit unto their authority ; heartily desiring that all revenge , division , rancor , and animositie of spirit may be for ever buried in one general act of oblivion ; and that all parties , sects , and sorts ( now jarring , and making up interests one against another ) may reconcile , cement , and concenter in the common brotherhood of english freedome and right ; in and for which we are sir george booth to a friend of his in london . sir , my last to you of the second instant i understand you have committed to open view , the publication whereof was of general satisfaction to your friends here , and for which we all hold our selves obliged . i have sent you here inclosed an express from the knights and gentlemen engaged with me , and beg this further addition to your former many favours , that you would please to take the care upon you , to get the same printed and published , for the undeceiving of those amongst you , and all other that are yet doubtful or unsatisfied in us . this messenger will inform you of the present state and condition of affairs with us , to whom i refer you . in hast i rest , sir , your most affectionate friend and servant george booth . manchester aug. . . a choice narrative of count gondamor's transactions during his embassy in england by that renowned antiquary, sir robert cotton, knight and baronet ; exposed to publick light, for the benefit of the whole nation by a person of honour. vox populi scott, thomas, ?- . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing s ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing s estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : , : ) a choice narrative of count gondamor's transactions during his embassy in england by that renowned antiquary, sir robert cotton, knight and baronet ; exposed to publick light, for the benefit of the whole nation by a person of honour. vox populi scott, thomas, ?- . rowland, john, - . cotton, robert, sir, - . [ ], p. : port. printed for john garfield ..., london : . dedication signed: john rowland. erroneously attributed by the editor to cotton. first published, , with title: vox populi. reel : lacks portrait. reproduction of original in huntington library. item at : has wing number c (entry cancelled in wing nd ed.). eng gondomar, diego sarmiento de acuña, -- conde de, - . great britain -- foreign relations -- spain. spain -- foreign relations -- great britain. great britain -- politics and government -- - . a r (wing s ). civilwar no a choice narrative of count gondamor's transactions during his embassy in england· by that renowned antiquary, sir robert cotton, knight and scott, thomas c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - taryn hakala sampled and proofread - taryn hakala text and markup reviewed and edited - pfs batch review (qc) and xml conversion portrait of count gondamor the ryght honorable diego sarmiento de acũna earle of gondomor extraordinarie ambassadour from the catholike king of spaine to his maiestie the king of great britannie . ao . . jusculptum a simone passeo eidemque comin dd. are to be sould by thomas jennier a choice narrative of count gondamor's transactons during his embassy in england . by that renowned antiquary , sir robert cotton , knight and baronet . exposed to publick light , for the benefit of the whole nation . by a person of honour . london , printed for john garfield , at the printing press for pictures , near the royal exchange in cornhil , over against popes-head alley , . to the right worshipful , sir vvilliam pastons , knight , and baronet . sir , the general voice is , that you are a great lover of rarities , whence it is that i dedicate this to you , and i hope you will make my apologie your self , with that of seneca , non malè meruit , sed benè judicavit : the age is full of voluminous books that are able to make the reader nauseate , were he not recreated by diversion ; this i present you with , is but small , yet were it wyer ▪ drawn to its full length , it would make a huge volume : for it includes the actions of king james , earl gondamor , bishop bancroft , sir walter rawleigh , and some other famous men , of whom several histories might be compiled : i may compare it to gold , that in a small quantity is of more worth than a great deal of base coin , for it comprehends much matter in a few words . and for the farther commendation , it bears in the frontispiece the name of that ever famous antiquary , sir robert cotton , who was never wont to treasure up any thing but what was rare ; nor can i certainly say , whether it were pen'd by himself or not . i insist the more upon him , because it was my chance to be one whom he vouchsafed to take by the hand a little before his death , i being sent to him by my lord privie seal , to acquaint him that by my lords mediation , the king was reconciled to him : but his answer was , that his heart was broken , and that it was now too late : whereby it appears that princes are sometimes abused , and mis-informed , to the ruine of the best men . sir walter rawleighs unfortunate end proves the same , who was circumvented by the cunning practises of earl gondamor , whereby to the unspeakable detriment of posterity , he was prevented from setting forth the second part to compleate the worlds history , which he had made ready for the press . gondamor is yet fresh in memory of many men , who knew him when he lay leiger here from the king of spain ; and i never heard or read of any embassadour that acted his part with more dexterity for his masters glory and advantage than he did , for however he had to deal with a very wise prince ( as he sayes ) yet like another mercury he could soon with his facetious words and gestures pipe king james a sleep , and did sometimes take hold of the helm himself , and was very near to have run the ship a ground , or to have split her upon the rocks , the influence of his ill aspect , and eclipsing the sun-beams is hardly over unto this present age . don caro columbus who was sent hither , was thought by many judicious men , to be the more prudent , and that gondamor was but a buffon compared with him : yet when he departed , he was fain to leave this motto behind him , revertar , emplying , that he had not accomplished what he came about : but gondamor put a period to what he had designed ; and perhaps it had been better for our nation if that politick spaniard had never tr●d upon english ground . i should be injurious to your patience if i should detain you longer in the suburbs : therefore i hasten to subscribe my self , your worships very humble servant , john rowland . a choice narrative of count gondamor's transactions during his embassy in england . his catholick majesty had given commandement , that presently upon the return of signior gondamor , his leiger embassadour from england , ( . ) a special meeting of all the principal states of spain , ( who were of his council ) together with the presidents of the council of castile , of aragon , of italy , of portugal , of the indies , of the treasure , of war , and especially of the holy inquisition , should be held at mouson in aragon , the duke of lerma being appointed president , who should make declaration of his masters pleasure , take account of the embassadours service , and consult touching the state and religion respectively , to give satisfaction to his holiness nuncio , who was desired to make one in this assembly , concerning certain overtures of peace and amity with the english , and other catholick projects which might engender suspition and jealousie betwixt the pope and his majesty , if the mistery were not unfolded and the ground of these counsels discovered afore-hand . this made all men expect the embassadors return , with a kind of longing that they might behold the issue of this meeting , and see what good for the catholick cause the embassadours employment had effected in england , answerable to the general opinion conceaved of his wisdome , and what further project would be set on foot to become matter for publick discourse ; at length he arrived and had present notice given him from his majesty , that before he came to the court he should give up his account to this assembly , which command he gladly received as an earnest of his acceptable service , and gave thanks that for his honor he might publish himself in so judicious a presence ; he came first on the day appointed to the council chamber , ( except the secretaries ) not long after all the council of state and their presidents met , there wanted only the duke of lerma , and the popes nuncio , who were the head and feet of all the assembly . these two stayed long away for divers respects , the nuncio , that he might express the greatness of his master , and lose the sea of rome , no respect by his over-sight , but that the benches might be full to observe him at his approach . the duke of lerma to express the authority and dignity of his own person , and to shew how a servant put in place of his master , exacts more duty of his fellow servants then the master himself ; these two stayed till all the rest were weary of waiting , but at length the nuncio supposing all the council set , lanched forth and came to road in the council chamber , where after mutual discharge of duty from the company , and blessing upon it from him , he sate down in sollemn silence grieving at his over-sight , when he saw the duke of lerma absent , with whom he strove as a competitor for pompe and glory . the duke had sent before , and understood of the nuncio's being there , and stayed something the longer that his boldness might be observed , wherein he had his desire , for the nuncio having a while patiently driven away the time with several complements , to several persons , had now almost run his court-ship out of breath , but that the duke of villa hermosa , president of the council of aragon , fed his humour by the discharge of his own discontentment , upon occasion of the duke of lerma his absence , and beckned signior gondomor to him , using this speech in the hea●ing of the nuncio , after a sporting manner ; how unhappy are the people where you have been , first for their souls , being hereticks , then for their estates , where the name of a favourite is so familiar ; how happy is our state where the keyes of life and death are so easily come by , ( pointing at the nuncio ) hanging at every religious girdle , and where the doors of justice and mercy , stand equally open to all men without respect of persons ; the embassadour knew his ironical stroak to be intended only as a by-blow at the nuncio , but fully at the duke of lerma , ( whose greatness begun now to wax heavy toward declension ) and therefore he returneth this answer . your excellency knoweth , the estate is happy where wise favourites govern kings , if the kings themselves be foolish , or where wise kings are , who having favourites , either foolish , or the wiser sort , will not yet be governed by them . the state of england ( howsoever you hear of it in spain or rome ) is too happy in the last kind , they need not care what the favourite be , though for the most part he prevent all kind of suspition in that kind , being chosen rather as a schollar to be taught ▪ and trained up , then as a tutor to teach : of this they are sure no prince exceeds theirs in personal abilities ; so that nothing could be added to him in my wish , but this one , that he were our vassal and a catholick . with that the noise without gave notice of the duke of lerma's entrance , at whose first approach the whole house arose , though some later then other , as envy had hung plummets on them to keep them down ; the nuncio only sate unmoved , the duke cherished the observance of the rest with a familiar kind of carriage , too high for curtesie as not neglecting their demeanors , but expecting it , and after a filial obeysance to the pope his nuncio , sate down as president under the cloth of estate , but somewhat lower , then after a space given for admiration , preparation , and attention , he began to speak in this manner . the king my master ( holding it more honor to do , then to discourse , to take from you the expectation of oratory , used rather in pulpits and schools then in councils , ) hath appointed me president in this holy , wise , learned , and noble assembly , a man naturally of a slow speech , and not desirous to quicken it , by art or industry ; as holding action only proper to a spaniard as i am by birth , to a souldier as i am by profession , to a king , as i am by representation ; take this therefore briefly , for declaration both of the cause of this meeting , and my master his further pleasure . there hath been in all times since the worlds foundation , one chief commander or monarch upon the earth , this needs no further proof then a back looking into our own memories and histories of the world ; neither now is there any question ( except with infidels and hereticks , ) of their own chief commander in spirituals , in the unity of whose person , the members of the visible church are included . but there is some doubt of the chief commander in temporals , who as the moon to the sun might govern by night , as this by day , and by the sword of justice , compel to come in , or cut off , such as infringe the authority of the keys : this hath been so well understood long since by the infallible chair , as that thereby upon the declension of the roman empire , and the increase of romes spiritual splendor , ( who thought it unnatural that their sun should be sublunary ) our nation was by the bishop of rome , selected before other people , to conquer & rule the nations with a rod of iron . and our king to that end adorned with the title of catholick king , as a name above all names under the sun ( which is ) under gods vicar general himself , the catholick bishop of souls ; to instance this point by comparison ; look first upon the grand signior , the great turk , who hath a large title but not universal , for besides that he is an infidel , his command is confined within his own territories , and he stiled not emperour of the world , but of the turk and their vassals only . amongst christians , the defender of the faith , was a glorious stile , whilst the king , to whom it was given by his holiness , continued worthy of it , but he stood not in the truth , neither yet those that succeed him , & beside it was no great thing to be called , what every christian ought to be , defender of the faith , no more then to be stiled with france , the most christian king , wherein he hath the greatest part of his title common with most christians ; the emperour of rome , russia , germany , extend not their limits further than their stiles which are local , only my master the most catholick king , is for dominion of bodies , as the universal bishop for dominion of souls , over that part of the world which we call america ( except where the english intruders usurp ) and the greatest part of europe , with some part of asia , and africa , by actual possession , and over all the rest by real and indubitable right , yet acknowledgeth this right to be derived from the free and fatherly donation of his holiness , who as the sun to the moon lends lustre by reflection to this kingdome , to this king , to this king of kings my master , what therefore he hath howsoever gotten , he may keep and hold , what he can get from any other king , or commander , by any stratagem of war , or pretence of peace , he may take , for it is theirs only by usurpation , except they held of him from whom all civil power is derived , as ecclesiastical , from his holiness ; what the ignorant call treason , if it be on his behalf is truth , and what they call truth , if it be against him is treason ; and thus all our peace or war , our treatises , marriages , and whatsoever intendment else of ours , aims at this principal end , to get the whole possession of the world , and to reduce all to unity under one temporal head , that our king may truly be what he is stiled , the catholick & universal king ; as faith is therefore universal , & the church is universal , yet so as it is under one head the pope , whose seat is and must necessarily be at rome , where saint peter sate ; so must all men be subject to our and their catholick king , whose particular seat is here in spaine , his universal every where . this point of state , or rather of faith , we see the catholick roman religion hath taught every where , and almost made natural ; so that by a key of gold , by intelligence , or by way of confession , my master is able to unlock the secrets of every prince , and to withdraw their subjects allegiance , as if they knew themselves rather my master his subjects in truth , then theirs , whom their birth hath taught to miscal soveraign ; we see this in france , & in england especially , where at once they learn both to obey the church of rome , as their mother , to acknowledg the catholick king as their father , & to hate their own king as an heretick and an usurper ; so we see religion , and the state are coupled together ; laugh and weep , flourish , and fade , and participate of eithers fortune growing upon one stock of pollicy : i speak this the more boldly here in this presence , because i speak here before none but natives , persons who are partakers both in themselves & issues , of these triumphs of antient rome , and therefore such as besides their oaths it concerns to be secret ; neither need we restrain this freedome of speech from the nuncio his presence , because besides that , he is a spaniard by birth , he is a jessuit by profession and order , devised by the providence of gods vicar , to accomplish this monarchy the better , all of them being approriate thereunto ▪ and as publick agents , and privy counsellors to this end , whereas the wisdome of this state is to be beheld with admiration , that in temporal wars , it imployes , or at least trusts none but natives ; so in castile , portugal , or aragon : so in spirituals , it imployes none but the jesuites , and so imployes them that they be generally reputed ▪ how remote soever they be from us , how much soever obliged to others , yet still to be ours , and to be of the spanish faction , though they be polonians , english , french , and residing in these countries and courts ; the penitents therefore , and all with whom they deal and converse in their spiritual traffick , must needs be so too , & so our catholick king must needs have an invisible kingdome and an unknown number of subjects in all dominions , who will shew themselves and their faiths , by their works of disobedience , whensoever we shall have occasion to use that jesuitical vertue of theirs ; this therefore being the principal end of all our councils , according to those holy directions of our late pious king phillip , the second , to his son now surviving , to advance the catholick roman religion , and the catholick spanish dominion together , we are now met by his majesties command , to take an account of you ( signior gondomor ) who have been embassadour for england , to see what good you have effected there , towards the advancement of this work , and what further project shall be thought fit to be set on foot to this end , and this is briefly the occasion of our meeting . then the embassdour who attended bare-headed all the time , with a low obeysance began thus ; this most laudable custome of our kings , in bringing all officers to such an account , where a review and notice is taken of good and bad service upon the determination of their imployments , resembles those roman triumphs , appointed for the souldiers , and as in them it provoked to courage , so in us it stirs up to diligence ; our master converseth by his agents with all the world , yet with none of more regard then the english , where matter of much diversity is often presented through the several humors of the state , and those of our religion and faction , that no instruction can be sufficient for such negotiations , but much must be left in trust to the discretion , judgment , and diligence of the incumbent : i speak not this for my own glory , i having been restrained , and therefore deserved meanly , but to forewarn on the behalf of others , that there may be more scope allowed them to deal in , as occasion shall require . briefly this rule delivered by his excellency , was the card and compass , by which i scaled to make profit of all humors , and by all means to advance the state of the romish religion , and the spanish faction together , upon all advantage either of oath or the breach of them , for this an old observation but a true , that for our piety to rome , his holiness did not only give , but also bless us in the conquest of the new world ; and thus in our pious perseverance , we hope still to be conquerors of the old . and to this end whereas his excellency , in his excellent discourse , seems to extend our outward forces , & private aims , only against hereticks , and restrain them in true amity with those of the romish religion : this i affirm sure , because there can be no security , but such princes as are now romish catholicks , may turn hereticks hereafter , my aims have ever been to make profit of all , and to make my master , master of all , who is a faithful and constant son of his mother rome : and to this end i beheld the endeavours of our kings of happy memory , how they have archeived kingdomes and conquests by this policy , rather then by open hostility , and that without difference , as well from their allies and kinsfolks , men of the same religion and profession , such as were those of naples , france , and navarr , though i do not mention portugal now united to us , and savoy that hardly stept from us , as of an adverse and heretical faith ; neither is this rule left off , as the present kingdome of france , the state of venice , the low countries , bo●emia , now all labouring for life under our plots , apparently manifest this way ; therefore i bend my engines in england , as your honours shall particularly hear ; neither should i need to repeat a catalogue of all the service i have there done , because this state hath been acquainted with many of them heretofore by the intercourse so wrought , that the state should be rather rob'd and weakned ( which is our aim ) then strengthened , as the english vainly hope ; besides in a small time , they should work so far into the body of the state , by buying offices , and the like , whether by sea or land , of justice civil or ecclesiastical , in church or state , all being for mony exposed to sale , that with the help of the jesuites , they would undermine them with meer wit , without gunpowder , and leave the king but a few subjects , whose faiths he might relie upon , whilst they were of a faith adverse to his , for what catholick body that is sound at the heart , can abide a corrupt and heretical head . with that the duke of medina dell rio secco , president of their council of war , and one of the council of state , rose up and said , his predecessors had felt the force and wit of the english in eighty eight ; and he had cause to doubt , that the catholicks themselves that were english , and not fully jesuited , upon any forraign invasion , would rather take part with their own king , though an heretick ; than with his catholick majesty , a stranger . the embassadour desired him to be of another mind ; since first , for the persons , generally their bodies by long disuse of arms were disabled , and their minds effeminated by peace and luxury , far from that they were in , when they were daily flesh'd in our bloud , and made hearty by customary conquests : and for the affections of those whom they call recusants , ( quoth he ) i know the bitterness of their inveterate malice , and have seen so far into their natures , as i dare say they will be for spain a●ainst all the world : yea ( quoth he ) i assure your honours i could not imagine so basely , of their king and state as i have heard them speak , nay their rage hath so perverted their judgements , that what i my self have seen and heard proceed from their king beyond admiration even to astonishment , they have sleighted , misreported , scorned and perverted to his disgrace , and my rejoycing , magnifying in the mean time our defects for graces . here the duke pastrana , president of the council of italy , steps up and said , he had lately read a book of one cambdens , called his annals , where writing of a treaty of marriage long since , betwixt the english elizabeth , and the french duke of anjowe ; he there observes , that the marriage was not seriously intended on either side , but politickly pretended by both states counterchangably , that each might effect their own ends : there ( quoth he ) the english had the better , and i have some cause to doubt , since they can dissemble as well as we , that they may have their aims under ▪ hand as we have , and intend the match as little as we do : and this ( quoth he ) i beleive the rather , because their king as he is wise to consult and consider , so he is a constant master of his word , and hath written and given strong reasons against matches made with persons of contrary religion ; which reasons no other man can answer , and therefore doubtlesse he will not go from , nor counsel his son to forsake these rules , laid down so deliberately . your excellency mistakes ( quoth the embassador ) the advantage was then on the side of the english , because the french sought the match ; now it must be on ours , because the english seek it , who will grant any thing rather than break off ; and besides have no patience to temporize or dissemble in this or any other design , as the french have long since well observed ; for their necessities will give them neither time , nor rest , nor hope elsewhere to be supplied : as for their king i cannot search into his heart , i must beleive others that presume to know his mind , hear his words , and read his writings , and these relate what i have delivered : but for the rest of the people , as the number of those that are truly religious are ever the least , and for the most part of least account , so it is there ; where if an equal opposition be made betwixt their truly religious and ours , the remainder which will be the greater number , will stand indifferent , and fall to the stronger side where there is most hope of gain and glory , for those two are the gods of the magnitude and multitude ; now these see apparently no certain supplies of their wants , but from us . yes ( quoth the duke ) for even now you said , the general state loathing the match , would redeem the fear thereof with half their estates ; it is therefore but calling a parliament , and the business were soon effected . a parliament ! ( sayes the embassadour ) nay , therein lies one of the chiefest services i have done , in working such a dislike between the king and the lower house , by the endeavours of that honourable earl , and admirable engine , a sure servant to us , and the catholick cause whilst he lived , as that the king will never endure parliament again , but rather suffer absolute want , than receive conditional relief from his subjects ; besides , the matter was so cunningly carried the last parliament , that as in the powder-plot the fact effected should have been imputed to the puritans , the gteatest zealots of that calvinian sect ; so the propositions which dam'd up the proceedings of this parliament , howsoever they were invented by romish catholicks , and by them intended to disturbe that session , and yet were propounded in favour of the puritans , as if they had been hammered in their forge , which very name and shadow the king hates , being a sufficient aspersion to disgrace any person to say he is such , and a sufficient bar to stay any suit , and utterly to cross it , to say it smells of , or enclines to that party : moreover , there are so many about him who blow this coal , fireing their own stakes ; if a parliament should enquire into their actions , that they use all their art and industry to withstand such a council , perswading the king he may rule by his absolute prerogative without a parliament , and thus furnish himself by marriage with us , and other domestick projects without subsidies , when levying of subsidies and taxes have been the only use princes have made of such assemblies : and whereas some free minds amongst them resembling our nobility , who preserve the priviledge of subjects against soveraign invasion , call for the course of the common law , ( a law proper to their nation ) these other time-se●vers cry the laws down , and up the prerogative ; whereby they prey upon the subjects by suits and exactions , milk the state and keep it bare , procure themselves much suspition amongst the better and more judicious sort ▪ and ha●e amongst the oppressed commons ; and yet if there should be a parliament , such a course is taken , as they shall never chuse their shire knights and burgesses freely , who make the greater half of the body thereof ; for these being to be elected by most voices of the free-holders in these countries where such elections are to be made , are carried which way the great persons , who have lands in these countries , please ; who by their letters command their tennants , followers , and friends , to nominate such as adhere to them ▪ and for the most part are of our faction , and respect their own benefit or grace , rather than their countries good ; yea , the country-people themselves , will every one stand by the great man , their lord , or neighbour , or master , without regard of his honesty , wisdom , or religion , that which they aim at ( as i am assured by faithful intelligence , is to please their landlord ) and so to renew their lease ; in which regard they will betray their country and religion too , and elect any man , that may most profit their particular : therefore it is unlikely there should ever be a parliament , and impossible the kings debts should be paid , his wants sufficiently repaired , and himself left full-handed by such a course ; and indeed , as it is generally thought , by any course but by a marriage with us ; for which cause , whatsoever project we list to attempt , enter safely at the door , whilst their policy lies asleep , and will not see the danger : i have made tryal of these particulars , and find few exceptions in this general rule . thereby i and their own wants together , have kept them from furnishing their navie , which being the wall of their island , and once the strongest in christendom , lies now at road , unarm'd , and fit for ruine ; if ever we doubted their strength by sea , now we need not ; there are but few ships or men able to look abroad , or live in a storm , much lesse in a sea fight ; this i effected by bearing them in hand , the furnishing of their navie bred suspition in my master , and so would avert him from the match , the hope of which , rather than they would lose , they would lose almost their hope of heaven . secondly , all their voyages to the east indies , i permit rather with a colourable resistance than a serious , because i see them not helpful but hurtful to the state in general , carrying out gold and treasure , bringing home spice , silks , feathers , and the like toyes , and insensibly wasting the common stock of coin and bullion , while it fills the custom-house , and some private purses , who thereby are enabled to keep this discommodity on foot by bribes , especially so many great persons ( even states-men ) being adventurers and sharers in the gain ; besides this , wasteth their marriners , not one of ten returning , which i am glad to hear , for they are the men we stand in fear of . thirdly , their west indian voyages , i withstand them in earnest , because they begin to inhabite there , and fortifie themselves , and may in time perhaps raise another england , to withstand our new spain in america ; as this old england opposeth our present state , and clouds the glorious extents thereof in europe : besides , there they trade for commodities without waste of their treasure , and often return gold for knives , glasses , and the like trifles , and that without such loss of their marriners , as in other places ; therefore i crossed whatsoever intendments were projected for virginia , or the bermudoes , because i see they may be hereafter really helpful unto them , as now they serve for drains to unload their populous state , which else would over-flow its own banks , by continuance of peace , and turn head upon it self , or make a body fit for any rebellion . and so far i prevailed herein , as i caused most of the recusants , who were sharers , to with-draw their ventures and discourage the work ; so that besides private persons unable to effect much , nothing was done by the publick purse : and we know by experience , that such voyages and plantations are not effected without great means to sustain great difficulties , and with an unwearied resolution and power to meet all hazards and disasters with strong helps and continual supplies , or else the undertaking prove idle . fourthly , by this means likewise , i kept the voluntary forces from venice , till it was almost too late to set out , and had a hope that work of secrecy , should have broken forth to action , before those could have arived to succour them . fifthly , i put hard for the cautionary towns , which our late king philip , of happy memory so aimed at , accounting them the keyes of the low countries , that they might be delivered to his catholick majesty , as to the proper owner ; and had perhaps prevailed , but that profest enemy to our state and church who dyed shortly after , gave council to restore them to the rebellious states , as one that knew popular common-wealths to be better neighbours , surer friends , and less dangerous enemies , than monarchs ; and so by this practice rescued them from my hands , and furnished the exchequer from thence for that time ; neither was i much grieved at this , because the dependancy they had before of the english , seemed now to be cut off , and the interest the english had in them and their cause , to be taken away , which must be fully and finally effected , before we can hope either to conquer them , or england , who holding together are too strong for the world at sea ; and therefore must be disunited before they can be overcome . this point of state is acknowledged by our most experienced pentioner , and sure friend , mounsier barnevel● , whose succeeding plots for this end , shall bear witness for the depth of his judgement . sixtly , but the last service i did for the state , was not the least , when i underwrought that admirable engine , rawleigh , and so was the cause , his voyage threatning much danger and damage to us was overthrown , and himself returning in disgrace , i pursued almost to death ; neither ( i hope ) need i say almost , if all things hit right , and all strings hold ; but the determination of my commission would not permit me longer to stay to follow him to execution , which i desired the rather , that by concession i might have wrung from the inconsiderate english , an acknowledgment of my masters right in those places , punishing him for attempting there , though they might prescribe for the first foot ; and this i did to stop their mouths hereafter , and because i would quench the heat and valour of that nation , that none should dare hereafter to undertake the like , or be so hardy as to look out at sea , or breath upon our coasts ; and lastly , because i would bring to an ignominious death , that old pirate , who is one of the last now living , bread under that deceased english virago , and by her flesht in our blood and ruin : to do this i had many agents , first , divers courtiers who were hungry and gaped wide for spanish gold ; secondly , some that bare him at the heart for inveterate quarrels ; thirdly , some forraigners , who having in vain sought the elixer hitherto , hope to find it in his head ; fourthly , all men of the romish faith , who are of the spanish faction , and would have been my blood-hounds to hunt him or any such to death willingly , as persons hating the prosperity of their country , and the valour , worlh , and wit of their own nation ; in respect of us and our catholick cause ; lastly , i left behind me such an instrument composed artificially , of a secular understanding , and a religious profession , as he is every way adopted to scrue himself into the closet of the heart , and to work upon feminine levity , who in that country , have masculine spirits , to command and pursue their plots unto death . this therefore i account as done , and rejoyce in it , knowing it will be very profitable to us , grateful to our faction there , and what though it be cross to the people , or the clergy , we that only negotiate for our gain , & treat about this marriage for their own ends , can conclude or break off when we see our time , without respect of such , as can neither profit us , nor hurt us ; for i have certain knowledg , that the commons generally are so effeminate and cowardly , that they at their musters , which are seldome and slight , only for the benefit of their muster masters of a souldiers , scarce a hundred dares discharge a musket , and of that hundred , scarce one can use it like a souldier ; and for their arms they are so ill provided , that one corslet serveth many men , when such as shew their armour one day in one place , lend them to their friends in other places to shew , when they have use ; and this if it be spied , is only punished by a mulct in the purse , which is the officers aim , who for his advantage , winks at the rest , and is glad to find and cherish by connivance profitable faults , that increase his revenues ; thus stands the state of that poor miserable country , which had never more people and fewer men ; so that if my master should resolve upon an invasion , the time never fits as at this present , security of this marriage , and the disuse of armes having cast them into a dead sleep , a strong and wakning faction being ever amongst them ready to asist us , and they being unprovided of ships , or arms , or hearts to fight , an universal discontentment following all men : this i have from their muster masters , and captains , who are many of them of our religion , or of none , and so ours ready to be bought and sold , and desirous to be my masters servants in fee . thus much for the state particularly , wherein i have bent my self to weaken them and strengthen us , and in all these have advanced the catholick cause , but especially in procuring favours for all such as favour that side , & crossing the other by all means ; and this i practice my selfe , and give out to be generally practised by others , that whatsoever success i find , i still boast of the victory , which i do to dishearten the hereticks , and to make them suspitious one of another , especially of their princes best states-men , and to keep our own in courage , who by this means increase , otherwise would be in danger to decay . now for religion , and such designs as fetch their pretence from thence , i beheld the policy of that late bishop of theirs , bancroft , who stirred up and maintained a dangerous schisme , betwixt our secular priests and jesuits , by which he discovered much weakness to the dishonour of our clergy , and prejudice of our cause ; this taught me as it did barnevelt in the low countries , to work secretly and insensibly betwixt their conformists , and non-conformists , and to cast an eye as far as the orcades , knowing that business might be stirred up there that might hinder proceedings in england , as the french ever used scotland to call home the forces of england , and so to prevent their conquests , the effect you have partly seen in the earl of argile , who sometimes was captain for the king and church , against the great marq. huntley , and now fights under our banner at bruxels , leaving the crosses of st. george , and st. andrew , for the cross of st. james : neither do our hopes end here , but we dayly expect more revolters , or at least such a disunion as will never admit solid reconcilement , but will send some to us , & some to amsterdam , for the king ( a wise and vigilant prince ) labouring for a perfect union betwixt both the kingdomes which he sees cannot be effected ; where the least ceremony in religion is continued diverse , sharp & bitter brambles from thence arising , whilst some striving for honour more then for truth , prefers their own way and will before the general peace of the church , and the edification of souls , he i say seeks to work both churches to uniformity , and to this end made a journey into scotland , but with no such success as he expected , for divers of ours attended the train , who stirred up humors and factions , and cast in scruples and doubts to hinder and cross the proceedings , yea those that seem most adverse to us , & averse to our opinions by their disobedience and example , help forward our plots , and these are incouraged by a factious and heady multitude , by a faint and irresolute clergy , many false brethren being amongst their bishops , and the prodigal nobility , who maintain these stirs in the church , & that thereby they may safely keep their church livings in their hands , which they have most sacrilegiously seized upon in the time of the first deformation , and which they fear would be recovered by the clergy , if they could be brought to a brotherly peace and agreement , for they have seen the king very bountiful in this kind , having lately increased their pentions , and setled the clergy a competent maintenance , and besides out of his own means which in that kingdome is none of the greatest , having brought in and restored whole bishopricks to the church , which were before in lay-mens hands , a great part of the nobilities estate consisting of spiritual lands , which makes them cherish the puritanical faction , who will be content to be trencher fed with scraps and crums , and contributions , and arbitrary benevolence , from their lords , and lairds , and ladies and their adherents and followers . but ( quoth the inquisitor general ) how if this act of the kings , wherein he is most earnest and constant , should so far thrive , as it should effect a perfect union in the church and common-wealth , i tell you it would in my conceit , be a great blow to us , if by a general meeting , a general peace should be concluded , and all their forces bent against rome , and we see their politick king aims at this . true ( quoth gondamor ) but he takes his mark amiss howsoever he understands the people and their inclination better then any man , and better knowes how to temper their passions and affections , for besides that he is hindered , there in scotland underhand , by some for the reasons above recited , and by the other great ones of ours , who are in great place and authority amongst them , he is likewise deluded in this point , even by his own clergy at home in england , who pretend to be most forward in the cause , for they considering if a general uniformity were wrought , what an inundation would follow , whilst all or most of theirs would flock thither for preferment , ( as men pressing towards the sun for light and heat ) and so their own should be unprovided ; these therefore i say , howsoever they bear the king fairly in hand , are under hand against it , and stand stiff for all ceremonies , to be obtruded with a kind of absolute necessity upon them , when the other will not be almost drawn to receive any , when if an abatement were made , doubtless they might be drawn to meet in the midd'st ; but there is no hope of this with them , where neither party deals seriously , but only for the present to satisfie the king , and so there no fear on either side , that affections and opinions , so divers , will ever be reconciled and made one , their bishop of st. andrews stands almost alone in the cause , and pulls upon himself the labour , the loss and envy , of all with little proficiency , whilst the adverse faction have as sure friends , & good intelligence about the king , as he hath ; and the same post , perhaps , that brings a packet from the king to him , brings another from their abettors to them , acquainting them with the whole proceedings and councils , and preparing them aforehand for opposition , this i know for truth , and this i rejoyce in as conducing much to the catholick good . but ( quoth the nuncio ) are there none of the heretical preachers busie about this match , me thinks their fingers should itch to be writing , and their tongues burn to be prating about this business , especially the puritanical sort , howsoever the most temperate , and indifferent , carry themselves . the truth is my lord , ( quoth the embassadour ) that privately what they can , and publickly what they dare , both in england and scotland , all for the most part , except such as be of our faith , oppose this match to the uttermost , by prayers , counsels , speeches , & wishes ; but if any be found longer tongued than his fellows , we have still means to charm their sauciness , and to silence them , to expel them the court , to disgrace them , and cross their preferments , with the imputation of pragmatick puritanism : for instance , i will relate this one particular ; a doctor of theirs , and chapline in ordinary to the king , gave many reasons , in a letter , against this marriage ; and propounded a way how to supply the kings wants otherwise : which i understanding , so wrought underhand , that the doctor was committed , and hardly escaped the danger of this presumptious admonition ; though the state knew his intent was honest , and his reasons good : wherein we on the other-side ( both here , and with the arch-duke ) have had books penn'd , and pictures printed directly against their king and state , for which their embassadors have sought satisfaction of us in vain , not being able to stay the prince , or so much as to touch the hem of the authors garment . but we have an evasion which hereticks miss , our clergy being freed from the temporal sword , and so not included in our treaties and conditions of peace , but at liberty to give any heretical prince the mate when they list , whereas they are lyable to accompt and hazard , and are muzled for barking , when ours may both bark , and bite too : the council-table , and the star-chamber , do so terrifie them as they dare not riot , but run at the stirrop in excellent command , and come in at the least rebuke ; they call their preaching in many places standing up , but they crowch and dare not , stand not up , nor quest , behave themselves like setters , silent , and creeping upon their bellies , lick the dust which our priests shake off from their beautiful feet . now ( quoth the duke of lerma ) satisfie me about our own clergy how they fare ; for there were here petitions made to the king , in the name of the distressed , afflicted , persecuted , and imprisoned priests , that his majesty would intercede for them , to free them from the intollerable burdens they groan under , and to procure their liberties ; and letters were directed from us to this end , that you should negotiate this demand with all speed , and diligence . most excellent prince , ( replyed gondamor ) i did your command , with a kind of command my self , not thinking it fit to make it a suit in your name , and my masters ; i obtained them liberty to walk up and down , to face , and out-face their accusers , judges , magistrates , and bishops , and to exercise their functions , almost as freely , altogether as safely as at rome : here the nuncio objected , that he did not well in procuring their liberty , since they might do more good in prison , than abroad ; because in prison , they seemed to be under persecution ▪ and so were pitied of others , and pity of the person prepares the affection further ; besides , then they were careful of their own lives to give no offence , but abroad they might be scandalous in their lives , as they use to be in rome , and spain , and other catholick countries ; and so the opinion of their holiness ▪ which upholds their credit , and cause , against the married clergy , would soon decay . but the embassadour replyed , he considered thes● inconveniences , and besides a superiour command , he saw the profit of their liberty , more than of their restraint ; for now they might freely confer , and were ever practising , and would doubtless produce some work of wonder ▪ and besides , the reason of their authority , and means to change places ▪ did apply themselves to many persons , whereas in prison they could only deal with such as came to be taught , were their own before ; and this ( quoth he ) i added as a secret , that as before they were maintained by private contributions from devout catholicks , even to excess ; so much more now shall they be able to gather great sums to weaken the state , and furnishing them for some high attempt , by the example of cardinal wolsey , barrelling up gold for rome ; and this they may easily do , since all catholicks rob the heretical priests , and with-hold tythes from them by fraud or force , to give to these of their own , to whom it is properly due : and if this be spied , it s an easie matter to lay all upon the hollander ; and say , he carries the coin out of the land ( who is forward enough indeed in these practises ) and so ours shall not only be excused , but a flaw made betwixt them to weaken their amities , and beget suspition betwixt them , of each others love . but amongst all these priests , ( quoth the inquisitor ) did you remember that old reverend father , bauldwin , who had a finger in that admirable attempt made on our behalf against the parliament house ; such as he , deserving so highly , and ventering their liv●s so resolutely for the catholick cause , must not be neglected , but extraordinarily regarded , thereby to encourage others to the like holy undertakings . holy father , ( quoth gondamor ) my principal care was of him , whose life and liberty , when i had with much difficulty , obtained of the king , i solemnly went in person , atended with all my train , and divers other well-willers , to fetch him out of the tower , where he was in durance : as soon as i came in his sight , i behaved my self after so lowly and humble a manner , that our adversaries stood amazed to see the reverence we give to our ghostly fathers ; and this i did to confound them and their contemptuous clergy , and to beget an extraordinary opinion of holiness in the person , and piety in us ; and also to provoke the english catholicks to the like devout obedience , that thereby at any time these jesuites whose authority was somewhat weakned since the schism betwixt them and the seculars , and the succeeding powder-plot , may work them to our ends , as masters their servants , tutors their schollars , fathers their children , kings their subjests , and that they may do this the more boldly and securely , i have somwhat dash'd the authority of their high commissioners ; upon which , whereas there are divers pursevants , men of the worst kind , and condition , resembling our flies , and familiars , attending upon the holy inquisition ; whose office and employment is to disturb the catholicks , search their houses for priests holy vestments , books , beads , crucifixes , and the like religious appurtenances ; i have caused the execution of their offices to be slackened , so that an open way may be given to our spiritual instruments , for the free exercise of their faculties ; and yet when these pursevants were in greatest authority , a small bribe , in the country , would blind their eyes , or a little greater at the court , or in the exchequer frustrate and cross all their actions , so that their malice went off like squibs , making a great crack to fright children , and new born babes , but hurt no old men of catholick spirits ; and this is the effect of all other their courses of proceedings in this kind , in all their judicial courts , whither known catholicks ( convicted , as they term them ) are often summoned and cited , threatned and bound over , but the danger is past so soon as the officer hath his fee paid to him , then the execution goeth no further ; nay , upon my conscience , they are glad when there are offendors in that kind , because they are bountiful , and the officers do their best to succour them , that they may encrease , and so their benefit and gain come in freely . and if they should be sent to prison , even that place for the most part is made a sanctuary to them , as the old romans were wont to shut up such by way of restraint , whom they meant to preserve from the peoples fury ; so they live safe in prison till we have time to work their liberty , and assure their lives , and in the mean time , their place of restraint is as a study unto them , where they have opportunity to confer together as in a colledg , and to arm themselves in unity against their single adversaries abroad , ( but quoth the inquisitor general ) how do they for books when they have occasion either to write or dispute ▪ my lord replyes , gondamor , all the libraries belonging to the romish catholicks , through the land , are at their command , from whence they have all such collections as they can require , gathered to their hands , as well from thence , as from all the libraries of both universities , and even the books themselves if that be requisite . besides i have made it a principal part of my employment , to buy all the manuscripts and other ancient and rare authors , out of the hands of the hereticks ; so that there is no great schollar dies in the land , but my agents are dealing with his books ; in so much as even their learned , isaac causabons library was in election without question to be ours , had not their vigilant king ( who foresees all dangers , and hath his eyes busy in every place ) prevented my plots ▪ for after the death of that great schollar , i sent to request a view and catalogue of his books , with their price , intending not to be out-bid by any man , if mony would fetch them , because ( besides the damage that that side should have received by their loss , persecuting the same story against cardinal baronius ) we might have made good advantage of his notes , collections , castigations , censures , and criticismes for our own party , and framed and put out other under his name at our pleasure ; but that was fore-seen by their prometheus , who sent that torturer of ours , the bishop of winchester , to search and sort the papers , and to seal up the study , giving a large and princely allowance for them ▪ to the relict of causabon , together with a bountiful pention , and provision for her and hers , but this plot failing at that time , hath not ever done , nor had the university of oxford so triumphed in their many manuscripts given by that famous knight sir thomas bodly , if either i had been then imployed , or this course of mine then thought upon ; for i would labour what i might this way or any other way , to disarm them , & either to translate their ●est authors hither , or at least to leave none in the hands of any , but roman catholicks , who are assuredly ours ; and to this end , an especial eye should be had upon the libraries of one sir robert cotton an ingrosser of antiquities , that whensoever it comes to be broken up either before his death or after , the most choice and singular pieces might be gleaned or gathered up ; neither let any man think that descending thus low to petty particulars is unworthy an embassadour , or of small avail for the ends we aim at , since we see every mountain consists of several sands , and there is not more profitable conversing for states-men , then amongst schollars and their books , especially where the king for whom we watch is the king of schollars , and loves to live almost altogether in their element . besides , if by any means we can continue difference in their church , or make them wider , or beget distaste betwixt their clergy and common lawyers , who are men of greatest power in their land , the benefit will be ours , the consequence great , opening a way for us to come in between , for personal quarrels produce real questions . as he was further prosecuting this discourse , one of the secretaries , who waited in the chamber without desired entrance , and being admitted , delivered letters which he had newly received of a post , directed to the president , and the rest of the council , from his catholick master ; the contents whereof were to this effect . right trusty and wel-beloved cousins and counsellors , we greet you well ; whereas we had a hope by our agents in england , and germany , to effect the great work of the western empire , and like on the other side to surprize venice , and so incircling europe at one instant , and infolding it into our arms , make the easier road upon the turk in asia ▪ and at length reduce all the world to our catholick command : and whereas to these holy ends , we had secret and sure plots and projects on foot in all these places , and good intelligence in all courts ; know we that , we have received late and sad news of the apprehension of our most trusty and able pentioner , barnevelt , and of the discovery of other our intendments ; so that our hopes are for the present adjourned , till some other more convenient and auspicuous time ; we therefore will you presently ▪ upon sight hereof , to break off your consultation , and repair straight to our presence , there to take further directions , and proceed as necessity of the time , and cause , shall require . with that his excellency and the whole house , struck with amazement , crossed their fore-heads , rose up in sad silence , and brake off this treaty abruptly , and without tarriance took horse and posted to the court , from whence expect newes the next fair wind . in the mean time , let not those be secure whom it concerns to be rouzed up , knowing that this aspiring nebuchadnezzar , will not lose the glory of his greatness , who continueth still to magnifie himself in this great babel , until it be spoken , thy kingdome is departed from thee , dan. . finis . martis primo die septembris , annoque regni regis caroli secundi, dei gratia angliæ &c. xx[o] whereas by an order of his majesty in council, made the of july last, indicating that divers scandalous and seditious pamphlets tending very much to the disturbance of the peace and quiet of this kingdom, are daily sold and dispersed about the cities of london and westminster ... city of london (england). court of common council. approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing l a estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) martis primo die septembris , annoque regni regis caroli secundi, dei gratia angliæ &c. xx[o] whereas by an order of his majesty in council, made the of july last, indicating that divers scandalous and seditious pamphlets tending very much to the disturbance of the peace and quiet of this kingdom, are daily sold and dispersed about the cities of london and westminster ... city of london (england). court of common council. sheet ([ ] p.). printed by james flesher printer to the honourable city of london, [london] : [ ] at head of sheet: peake mayor. the bracketed "o" in the title is in superscript. reproduction of original in the huntington library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng great britain -- history -- charles ii, - . great britain -- politics and government -- - . - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion peake domine dirige nos blazon or coat of arms mayor . martis primo die septembris . annóque regni regis caroli secundi , dei gratia , angliae , &c. xxo. vvhereas by an order of his majesty in council , made the . of july last , intimating that divers scandalous and seditious pamphlets , tending very much to the disturbance of the peace and quiet of this kingdom , are daily sold and dispersed about the cities of london and westminster and parts adjacent by a sort of loose and idle people called hawkers , under pretence of carrying about and bending news-books and gazetts , it is required and commanded , for preventing the great mischiefs and inconveniencies that may ensue by permitting the same , that the lord mayor and court of aldermen of london , and iustices of peace within the liberties of westminster and middlesex , shall not permit or suffer any of those people called hawkers , whether men or vvomen , to carry about , cry , sell or disperse any gazetts , news-books , libells , or other pamphlets whatsoever , within their respective liberties or iurisdictions ; but that they cause all such to be forthwith apprehended and sent to the house of correction , to be there kept at hard labour : this court therefore , for the more effectual execution of his majesty's said pleasure and command , and in addition to what hath been already done by the right honourable the lord mayor in obedience thereunto , doth think fit and order , that the provost-marshalls and all constables and other officers whom it may concern , in their severall precincts and elsewhere ( as they shall have opportunity ) within this city and liberties , shall diligently apply themselves to discover the said hawkers , sellers or dispersers of gazetts , news-books , libells , or other pamphlets , and them to apprehend , and bring before his lordship , or some other of his majestie's iustices of the peace , to be sent and set to labour at bridewell , or ( as the case may require ) to be otherwise disposed and prosecuted to more condign punishment ordained by law. and if any the said marshalls , constables or others , shall be found remisse or negligent of their duties herein , such offender , upon notice or information thereof , shall be strictly proceeded against , and receive the most severe penalties of the law for his offence . avery . printed by james flesher , printer to the honourable city of london . by the king, a proclamation we have received undoubted advice, that a great and sudden invasion from holland, with an armed force of foreigners, will be speedily be made in a hostile manner upon this our kingdom ... england and wales. sovereign ( - : james ii) approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing j estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) by the king, a proclamation we have received undoubted advice, that a great and sudden invasion from holland, with an armed force of foreigners, will be speedily be made in a hostile manner upon this our kingdom ... england and wales. sovereign ( - : james ii) james ii, king of england, - . broadside. printed by charles bill, henry hills, and thomas newcomb ..., london : . other title information from head of title. "given at our court at vvhitehall, the th day of september, . in the fourth year of our reign." reproduction of original in the harvard university library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng great britain -- history -- james ii, - . great britain -- politics and government -- - - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - elspeth healey sampled and proofread - spi global rekeyed and resubmitted - megan marion sampled and proofread - megan marion text and markup reviewed and edited - pfs batch review (qc) and xml conversion royal coat of arms by the king , a proclamation . james r. we have received undoubted advice , that a great and sudden invasion from holland , with an armed force of foreigners and strangers , will speedily be made in a hostile manner upon this our kingdom ; and although some false pretences relating to liberty , property , and religion , contrived or worded with art and subtilty , may be given out ( as shall be thought useful upon such an attempt ) it is manifest however , ( considering the great preparations that are making ) that no less matter by this invasion is proposed and purposed , then an absolute conquest of these our kingdoms , and the utter subduing and subjecting vs and all our people , to a foreign power , which is promoted ( as we understand , although it may seem almost incredible ) by some of our subjects , being persons of wicked and restless spirits , implacable malice , and desperate designs , who having no sense of former intestine distractions , the memory and misery whereof should endear and put a value upon that peace and happiness which hath long been enjoyed ; nor being moved by our reiterated acts of grace and mercy , wherein we have studied and delighted to abound towards all our subjects , and even towards those who were once our avowed and open enemies , do again endeavour to imbroil this kingdom in bloud and ruine , to gratifie their own ambition and malice , proposing to themselves a prey and booty in such a publick confusion . we cannot omit to make it known , that although we had notice sometime since , that a foreign force was preparing against vs , yet we have always declined any foreign succors , but rather have chosen ( next under god ) to relie upon the true and ancient courage , faith and allegiance of our own people , with whom we have often ventured our life for the honour of this nation , and in whose defence against all enemies , we are firmly resolved to live and die : and therefore we solemnly conjure our subjects to lay aside all manner of animosities , iealousies and prejudices , and heartily and chearfully to vnite together in the defence of vs and their native countrey , which thing alone will ( under god ) defeat and frustrate the principal hope and design of our enemies , who expect to find our people divided , and by publishing perhaps some plausible reasons of their coming hither , as the specious , though false pretences of maintaining the protestant religion , or asserting the liberties and properties of our people , do hope thereby to conquer this great and renowed kingdom : but albeit the design hath been carried on with all imaginable secrecy and endeavours to surprize and deceive vs , vve have not been wanting on our part , to make such provision as did become vs , and by gods blessing vve make no doubt of being found in so good a posture , that our enemies may have cause to repent such their rash and unjust attempt . we did intend ( as we lately declared ) to have met our parliament in november next , and the vvrits are issued forth accordingly , proposing to our selves , amongst other things , that vve might be able to quiet the minds of all our people in matters of religion , pursuant to the several declarations vve have published to that effect , but in regard of this strange and unreasonable attempt , from our neighhouring countrey ( without any manner of provocation ) designed to divert our said gracious purposes , vve find it necessary to recall our said vvrits , which vve do hereby recall accordingly , commanding and requiring our loving subjects to take notice thereof , and to surcease all further proceedings thereon ; and forasmuch as the approaching danger which now is at hand , will require a great and vigorous defence , vve do hereby strictly charge and command all our loving subjects both by sea and land ( whose ready concurrence , valour and courage as true english-men we no way doubt in so just a cause ) to be prepared to defend their countrey ; and we do hereby command and require all lords lieutenants , and deputy lieutenants to vse their best and utmost endeavours to resist , repel and suppress our enemies , who come with such confidence and great preparations to invade and conquer these our kingdoms . and lastly , we do most expresly and strictly enjoyn and prohibit all and every our subjects , of what degree or condition soever , from giving any manner of aid , assistance , countenance or succour , or from having or holding any correspondence with these our enemies , or any of their complices , upon pain of high treason , and being prosecuted and proceeded against with the utmost severity . given at our court at vvhitehall the th day of september , . in the fourth year of our reign . god save the king . london , printed by charles bill , henry hills , and thomas newcomb , printers to the king 's most excellent majesty . . the forme of government of the kingdome of england collected out of the fundamental lawes and statutes of this kingdome : wherin is manifested the customary uses of the kings of england upon all occasions, either of marriage, peace or warre, to call their peeres and barons of the realme to be bartners [sic] in treatizes, and to give their judicious advice : the state and security of the whole kingdome depending upon such counsells and determinations : likewise the names of the kings and the times when such parliaments were called, and the acts that passed upon those and the like occasions : henry i, iohn, henry , edward i, edward , edward , richard , henry , henry , henry , edward , henry , henry : published for the satisfaction of all those that desire to know the manner and forme of the government of the land, and the fundamentall lawes of the kingdome. cotton, robert, sir, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing c ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing c estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; :e , no ) the forme of government of the kingdome of england collected out of the fundamental lawes and statutes of this kingdome : wherin is manifested the customary uses of the kings of england upon all occasions, either of marriage, peace or warre, to call their peeres and barons of the realme to be bartners [sic] in treatizes, and to give their judicious advice : the state and security of the whole kingdome depending upon such counsells and determinations : likewise the names of the kings and the times when such parliaments were called, and the acts that passed upon those and the like occasions : henry i, iohn, henry , edward i, edward , edward , richard , henry , henry , henry , edward , henry , henry : published for the satisfaction of all those that desire to know the manner and forme of the government of the land, and the fundamentall lawes of the kingdome. cotton, robert, sir, - . p. printed for tho. bankes, london : . attributed to robert cotton. cf. blc. reproduction of original in thomason collection, british library. eng england and wales. -- parliament. prerogative, royal -- england. great britain -- politics and government. great britain -- kings and rulers. a r (wing c ). civilwar no the forme of governement of the kingdome of england: collected out of the fundamental lawes and statutes of this kingdome. wherin is manifes cotton, robert, sir d the rate of defects per , words puts this text in the d category of texts with between and defects per , words. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - taryn hakala sampled and proofread - taryn hakala text and markup reviewed and edited - pfs batch review (qc) and xml conversion the forme of governement of the kingdome of england : collected out of the fundamental lawes and statutes of this kingdome . wherin is manifested the customary uses of the kings of england upon all occasions , either of marriage , peace or warre , to call their peeres and barons of the realme to be bartners in treatizes , and to give their juditious advice : the state and security of the whole kingdome depending upon such counsells and determinations . likewise the names of the kings , and the times when such parliaments were called , and the acts that passed upon those and the like occasions . henry iohn henry edward edward edward richard henry henry henry edward henry henry published for the satisfaction of all those , that desire to know the manner and forme of the governement of the land , and the fundamentall lawes of the kingdome . london , printed for tho. bankes , . that the kings of england have beene pleased usually to consult in their great counsells of marriage , peace , and warre with their peeres and commons in parliament . to search so high as the norman conquest , it is necessary to lay downe the forme of government of those times , wherein the state of affaires led in another forme of publique councels : for the people ( wrought under the sword of the first william , and his followers , to a subjected vassaladge ) could not possesse in such assemblies the right of their former liberties , divisions and power having mastered them , and none of their old nobility and heads , being left either of credit or fortunes . what he retained not in providence as the demeasnes of the crowne ) or reserved in piety ( as the maintenance of the church ) he parted to those strangers that sayled along with him , in that barque of his adventure ; leaving the natives for the most part ( as it appeares by his survey ) in no better condition , then villany ; moulding their customes to the manner of his owne countrey ; and forbore to grant the lawes of saint edward , so often called for . to supply his occasions of men , money , and p●o 〈…〉 on ; hee ordered that all those , that enjoyed any fruit of his conquest , should hold their lands proportionable by so many knights fees of the crowne ; admitted them to enseoffe their followers of such part● ( as they pleased ) of their own portions , which to ease their charge they did in his and his sonnes time by two feoffments , the one de novo , the other de veteri . this course provided him of the body of his warre ; the money and provision was by headage assested the common people by the co●sent of their lords ; who held in all their seigniories such right of regalitie , as to their vassalles ; so as ( saith paris ) quot domini , tot tyranni : and proved to the king so great a curbe and restraint of power , that nothing f●ll into the care of maiestie afterward more , then ●o retrench the force of this aristocracy , that was in time like to strang●e the monarchy . though others foresaw the mischiefe betimes , yet none attempted the remedy , untill king iohn , whose overhastie undertaking brought in those broyles of t●e barrons warres . there needed not before this any ca●e to advise with the commons in all publique assembly , when every man in england by tenure , held himsel●e ●o his great lords will , whose presence was ever required in those councells ; and in whose assent his dependant tenants consent was ever included . before this kings time then we seeke in vaine for any commons called , they were called ever for making of lawes , but not to consult touching warre or peace t●e fi●st ( as may bee gathered ) though darkely ) by the records ) that used their counsells and assents , was t●is king in the sixt yeare of his raigne : here are the first summons on record to the peeres or barrons , tractaturi de magnis & ardius negotiis . it was about a warre of defence against the french . and that the commons were admitted at this time , may fitly be gathered by the ordinance ; provisum est communi assensu archiepiscoporum , comitam , baronum , & aliorum fidelium nostrorum angliae , quod nomen milites angliae invenirent decimum , &c. and this was directed to all the shirefs in england . the auncient use in publique lawes . from this time , there is a breach untill . hen. . where the next summons extant , is in a plea rolle of that year , but the ordinances are lost , from thence the records afford us no light untill the of the same king , where then the summons to the bishops , lords , knights , and burgesses are much in manner , though not in matter alike to the use in our times , this parliament was called to advise with the king pro pace assecuranda & firmanda , they are the words of the writt ; and where advice is required , consultation must be admitted . to this king succeeded edward the first , his sonne , a wise , just , and fortunate prince . in his raigne we have no light of publique councell of this kind ; and so along to the fourth of his granchild , but what we borrow out of the rolles of summons , wherein the forme stood various according to the occasions , untill it grew constant in the forme it is , about the entring of richard the second , the journall rolles being spoiled by the injury of time or private ends . this king in the fift of his raigne called a parliament , and therein advised with his lords and commons , for suppressing llewellin prince of wales : and hearing that the french king intended to invade some peeces of his inheritance in france , summoned a parliament ad tractandum , ordinandum , & faciendum cum prelatis , proceris & aliis inco●is regni , quomodo huiusmodi periculis & excogitatis militiis sit obviandum ; inserting in the writt , that it was lex notissima & provida circumspectione stabilita , that that quod omnes tangit , abomnibus approbaretur . in the thirty fourth of his raigne super ordinatione & stabilimento regni scotie , he made the like convention . his sonne , the second edward , pro solempnitate sponsalium & coronationis , consulted with his people in his first yeare , in his sixth yeare , super diversis negotiis statuum regni & expeditione guerre scotie specialiter tangentibus , he assembled the states to advise : the like he did in his eight yeare . the french king having invaded gascoigne in the thirteenth yeare , the parliament was called super arduis negotiis statuum ducatus vasconie tangentibus ; and in the sixteenth to consult ad refraenandum scotorum obstinantiam & malitiam . before edward the third would resolve in his first year , whether peace or warre with the scotish king ; he summoned the peeres and commons super praemissis tractare & concilium impendere . the chancellour anno the fifth declareth from the king , the cause of that assemby , that it was to consult and resolve , whether the king should proceed with france for recoverie of his seignories , by allyance of marriage , or by warre ? and whether to redresse the disobedience of the irish , he should passe in person or noe ? the year following he resembled his lords and commons , and required their advice , whether he should undertake the holy expedition with the french king , or no ? the bishops and proctors of the clergie would not be present , as forbidden by their canons such councels . the peeres and commons consult , applauding the religious and princely forwardnesse of their soveraigne to this holy enterprise , but humbly advise forbearance this year , for urgent reasons . the same yeare though at another session , the king demaunding the advice of his people , whether he should passe into france to an enterview as was desired , for expediting the treatie of marriage : the prelates by themselves , the earles and barons by themselves , and the knights of shires by themselves , consulted apart , for so are the records , and in the end resolved , that to prevent some dangers likely to arise from the north : it would please the king to forbeare his journey , and to draw towards those parts where the perils were feared , his presence being the best prevention ; which advise he followed . in the following parliament at york , the king sheweth , how by their former advice he had drawn himselfe towards the north parts , and now againe he had assembled them to advise further for his proceedings . to which the lords and commons having consulted apart , pray further time to resolve , untill a full assembly of the states , which the king graunting , adjourneth that session . at their next meeting they are charged upon their allegiance and faith , to give the king their best advice ; the peeres and commons consulting apart , delivered their opinions ; and so the parliament ended . in the thirteenth yeare , the grandees and commons are called to consult , and advise , how the domestique quiet may be preserved , the ma●ches of scotland defended , and the sea scoured from enemies . the peeres and commons having apart consulted , the commons after a desire not to be charged to counsell in things de queux ils n'ount pas cognizance , answers that the guardians of the shires assisted by the knights may effect the first , if pardons of felons bee not granted : the care of the marches they humbly leave to the king and his councel , and for the safeguard of his seas , they wish that the cinque ports and maritine townes ; discharged for the most part from many burthens of the inland parts , may have that left to their charge and care : and that such as have lands near the courts be commanded to reside on those possessions . the parliament is the same yeare reassembled , advisamento prelatorum , proceram , nec non communitatis , to advise de expeditione guerrae in partibus transmarini● . at this ordinance are made for provision of ships , arraying of men for the marches and defence of the i le of iersey , naming such in the records , as they conceived fit for those imployments . the next yeare de la poole accompteth the expences of the warre ; a new ayde is granted , and by severall committe●s , in which divers were named that were not peeres of parliament , the safeguard of the seas , and defence of the seas are consulted of . in the fifteenth yeare de assensu praelatorum procerum . & alioram de concilio , the kings passage into france is resolved of . anno. . badlesmore in place of the chancellour declareth unto the peeres and commons ; that whereas by their assents the king had undertaken the warres in france , and that by the mediation of the pope a truce was offred : which then their soveraign forbore to entertain without their allowance . the lords apart consult , and also the commons , returning by sir william trussell in answer their advise , and desireing to compose the quarrell , approve the truce and the popes mediations , the popes undertaking proving fruitlesse , and delayes to the french advantagious , who in the mean time with scotland and others practised to roote out the english nation in france : the king againe assembled his parliament the yeare following : in which the peares and commons after many dayes of deliberation , resolve to end it , either by battaile or peace , and no more to trust upon the mediation or message of his holinesse . in the . yeare the chiefe iustice thorpe declaring to the peeres and commons , that the french warres began by their advice : the truce after by their ass●nts accepted and now ended . the kings pleasure was to have their counsells in the procecution . the commons beeing commanded , que ils se devoient faire assembler , & fils essent agree le devoient monetre an roy & al grandees de son councell , after . daies consultation , humbly desire of the king , that he would bee advised herein by his lords and and others of more experience then themselves in such affaires . to advise the king the best for his french imployments , a parliament was summoned anno . herein the king by a more publique dispatch willeth the commons to elect . or . of their house to consult with the lords , these to relate to their fellowes , and the conclusion generall to the king . in the . a great councell is assembed , many of the lay peeres , few of the clergy : and of the shires and burroughs but one a piece . this was for the prosecution of the french warres , when an honourable peace could not bee gotten . but the yeare following a truce being offered , the king forbore to entertaine it , untill he had the consent of his peeres and commons which they in parliament accorded unto before the popes notary by publique instrument . the dallying of the french in the conclusion of peace ; and the falling off of the duke of brittaine ( having wrought with france by the reputation of the english succours ) is the yeare following declared in parliament , and their advice and ayde required for the kings proceedings . in the thirty sixth yeare he calleth his parliament to consult whether warre or peace by david the king of scotts , then offered , should be excepted . in the fortieth yeare the pope demanding the tribute of king iohn , the parliament was assembled ; where after consu●tation apart , the prelates , lords , and commons advised the deniall , although it bee by dint of sword . in the forty third yeare the king declared to the peeres and commons , that the french , against the articles of the truce , refused payment of the monies , and delivery of the townes , summoning la brett , and others of the kings subiects in gascoigne , to make at paris their appeales , and had forraged his countrie of poitiers : requiring in their breach , whether hee might not resume the style and quarrell of france . the lords and commons having apart consulted , advise the king to both , which he approving , altered the inscription and figure of his seale . two yeares after it was declared to the peeres and commons , that by their advise he had resumed the style and quarrell of france ; and therefore desired their advise for the defence of the reame against the french , securing of the seas , and pursuing of the warres . of which they consult , and resolve to give the king an ayde . the like counsell and supply was the very next yeare following . in the fiftieth yeare , a parliament to the purpose of the former two , was sommoned ; and the yeare following , the king in parliament declaring how the french had combined underhand against him with spaine and scotland , required their advice , how peace at home , the teritories abroad , securitie of the seas , and charge of the warre might be maintayned . i have the longer insisted in observing the carriage of these times so good and glorious , after ages having not left the iournall entries of parliament so full , which therefore with a lighter hand i will passe through . richard the second , the grandchild succeeded to the crowne and troubles , having nothing worth his great fortunes , but his great birth . the first of his raigne , hee pursued the steps of his wise grandfather , advising with his peeres and commons , how best to resist his enemies that had lately wronged divers of his subiects on the sea coasts . in the second yeare hee againe consulted with his people , how to withstand the scotts , who then had combined with the french to breake the truce . in the third yeare hee called the advise of his parliament , how to maintaine his regality , impared by the popes provisions , who to resist spayne , france , and scotland , that had raised warres against him , how to suppresse his rebells in guyon and ireland , and to defend the seas . in the fourth yeare of his raigne , he called the like at windsor . the yeare following in a great councell , the king having purposed a voyage royall into france , now called his parliament to determine further of it . and it is worthey your observation , that for the most pa●t before any propositions of warre or peace w●re vented to the commons , a debate thereof precedeth in the great councell to shape in fitter for popular advise . the quarrell with spaine continuing the duke of lancaster offereth a voyage against them , so as the state will lend him money : after consultation they grant an aide , but not to binde them to any continuance of warre with spaine . in the sixth the parliament was called to consult about the defence of the borders , the kings possions beyond the seas , ireland and gascoyne , his subiects in portugall . the lords approve the dukes intentions for portugall , and the commons that the bishop of norwich having the popes crosyer should invade france . the same yeare the state was called againe to consult , whether the king should goe in person to rescue gaunt or send his army . the commonsafter two dayes debate , craved a conference with the lords . the effect is not entred in the rolle onely they by sir thomas puckering their speaker , protest that councells for war did aptly belong to the king and his lords , yet since the commons were commanded to give their advice , they humbly wished a voyage by the king , if not , that the bishop of norwich might with the advantage of the popes crosier be used in that service , who accepted , the charge with ill successe , he further for the commons prayeth , that the kings vncles should not be spared out of the realme before some peace was setled with the scotts ; and that the lord de lars-par sent with propositions of peace from spaine might first bee heard . the chancellors in the seventh yeare in name of the king willeth the lords apart , and so the commons to consult , whether peace or warre with scotland , and whether to resist or assault the kings adversaries of spaine , france , and flanders : their opinions are not entred in the rolles , an omission usuall to the clarkes neglect , onely their petitions are recorded , that the bishop of norwich may accompt in parliament the expence of the money , and be punished for his faults in the service , which hee undertooke , both which are granted . and at the next session in the same yeare , the commons are willed to advise upon view of the articles of peace with the french whether warre or such amitie should bee accepted ? they modestly excuse themselves as to weake to counsell in so weighty causes ; but charged againe as they did tender their honour , and the right of the king , they make their answer , giving their opinions rather for peace then warre . peace with france not succeeding , in the eighth year , the body of the state was called to advise , whether the king in his owne person ; or by sending forces against the french , spaine , flaunders and scotland , should proceed . the king haveing this yeare assembled at oxon his great councell to advise , whether he should passe the seas or no , with an army royall ; and they not daring to assent without a greater councell : a parliament the tenth yeare was called to have the advice of the commons , aswell as of the lords , how the realme should be governed in their soveraignes absence . the truce with france now neare expired , the parliament was called in the thirteenth yeare to advise upon what condition it should be renewed : otherwise how the charge of warre should be sustained . at this assembly and by consent of all , the duke of lancaster is created duke of aquitaine , the statutes of provision were now pas●ed , and the commons are named a party , in the letter to the pope . the yeare succeeding a parliament is called , for that the king would have the advice of his lords and commons for the warre with scotland , and would not without their counsell conclude a finall peace with france . the like assembly for the same causes was the yeare ensuing , wherein the commons desire the king to use a moderation in the law of provision , to please at this time their holy father , so as the statute upon their dislike might again be executed , and that to negotiate the peace with france , the duke of aquitaine might rather then any other , be imployed . to consult of the treaty with france for the king in the seventeenth calleth a parliament , the answer of the lords is left unentred in the rolle , but the commons upon their faith and allegiance charged , advise that with good moderation , homage may be made for guyen , an appenage of the french crowne , so as it intrench not to involve the other peeces of the english conquest , their answer is modest , large , and worthy of marke . now succeeded a man that first studied all popularity , as needing all to support his titles , he in the fifth year called a parliament , to suppresse the malice of the duke of orleance , and to advise for the warres in ireland and scotland , neither counsels or supplies are entred in the rolle , and to resist an inovation intended by france and brittaine , he assembleth the state againe . the like was in the two yeares following for fraunce . in this the commons conferr with the lords for guard of the sea , and make many ordinances to which the king assented : the peace with the merchants of pruce , and the hanstowns is debated , and a proclamation published , as they resolve , by the speaker the commons complain of . peeces of ordinance lost in guyen the yeare before , the need of defence for the borders , and guard of the sea coasts . to suppresse the rebellion in wales , and the disloyalty of the earle of northumberland , they humbly desire , that the prince may be dispatched into those parts with speed : and to have a vigilent eye of the scottish prisoners . in the tenth the parliament is commanded to give their advice about the truce of scotland , and preparation against the malice of the french . his sonne , the wise and happy undert●ker , consulteth with the parliament in his first yeare , how to cherish his allies , and restrain his enemies , for this there wa● a select committee of the commons , appointed to confer with the lords , the matter being entered into a schedu●e . touching ireland , wales , scotland , calice , guyen , shipping , guard of the seas , and wary provision to repulse the enemy . in the second he openeth to the parliament his title to france , a quarrell he would prosecute to death : if they allowed and ayded , death is in this assembly , enacted to all , that either break the truce , or the kings safe conduct . the year following peace being offred by the french king , and the king of the romanes arrived to effect the worke , the king refuseth any conclusion , untill he had thereunto the advice and assent of his lords and commons , which occasion the chancellour declareth to that assembly . in the fourth and fifth , no peace concluded with france , the king calleth the state together to consult about the warre , concluding a treaty of amitie with sigismund king of the romanes , by the allowance of the three states , and entreth the articles in the iournall rolle . in the same yeare by the duke of bedford , in the kings absence a parliament was called to the former purposes , as it appeareth by the summons , though in the rolle omitted . the like in the seaventh year . and the treaty with france is by the prelates , nobles and commons of the kingdome perused and ratified in the tenth yeare of this king . his sonne more holy then happy succeeded , and adviseth in the second year with the lords and commons for the well keeping of the peace with france , consulteth with them about the delivery of the scottish king , and the conclusion is confirmed by common assent . in the third yeare they are called to advise and consent to a new article in the league with scotland , for charge of hostage , and in the ninth yeare conclude of certain persons by name , to treate a peace with the dolphin of france . the treaty of arras , whether the pope had sent as mediators two cardinals , not succeeding the king in parliament , anno . sheweth that he must either loose his title , style , and kingdome of france , or else defend it by force : the best meanes for provision whereof he willeth them to advise him . he summoneth again the next year the same councel to advise how the realme might be best defended , and the sea kept safe against the enemies . in the twentith the commons exhibite a bill for guard of the se● , the number of ships , assesse wages , and dispose of prizes if any fortune , to which the king accordeth . and that the genowaies might be declared enemies , for ●ssisting the turk in spoyle of the knights of rhodes , and that the priviledge of the pruce and hanstownes might be suspended , untill composition be made to the english for wrongs they had done them . to the which in part the king accordeth . the king by the chancellour declareth in parliament , that the marriage with margaret the king of sicily his daughter was contracted . for induceing the peace made with france . against the which the lords not by their advise effected , make a protestation , and enter it on the rolle . the king intending to passe in person into france , there to treat of peace with the king , adviseth with his lords and commons in parliament , and letters of mart are granted against the brittaines for spoyles done to the english marchants . the lord hastings and the abbot of glou● , declare in parliament the preparation of the french , the breach by them of the peace , the weake defence of normandy , and the expiration shortly of the truce : requiring speedy advice and remedie . it injoyned the parliament to provide for the defence of the sea and land , against the french . it was commanded by the king to the states assembled , to advise for the well ordering of his house , payment of his souldiers at calice , guard of the seas , raysing of the seige at berwike made by the scots against the truce : disposing of . souldiers arrayed the last parliament : according of differences amongst the lords , restraining the transportation of gold and silver , and quieting the disorders in wales , of all which committees are appointed to frame bills . edward the fourth by the chancellour declareth to the lords and commons , that having made peace with scotland ; entred league with france and denmark , contracted with burgundy and brittaine for their aide for the recovery of his right in france , he had now assembled them to give their cousell in proceeding , which charge in a second session was again pressed unto them . the like was at another parliament held in the eleventh yeare . after this time the journals of parliament have bin either not well preserved , or not carefully entred , for i can find of this nature no records , untill the first of henry the seaventh , wherein the commons by thomas lov●ll their speaker , petition the king to take to wife elizabeth the daughter of edward the fourth , to which the king at their request doth agree . the next is the third of henry the eighth in which from the king , the chancellour declareth to the states the cause of that assembly to be first , to advise a course for resisting the innovation of the scots : the next , how to quiet the quarrell between the king of castile , and the duke of gelders , lastly for assisting the pope against lewes of france , whose bull expressing the injuries done the sea apostolique , was read by the master of the rolles in open parliament , after which the chancellour , there and other lords were sent downe unto the commons to confer thereof . the last is in the two and thirtieth yeare wherein the chancellour remembring the many troubles the state had undergone in doubtful titles of succession , declareth , that although the convocation had judged void the marriage with anne of cleve , yet the king would not proceed without the counsell of the states , whereupon the two arch-bishops are sent downe to the commons with the sentence sealed , which being there discussed , they passe a bill against the marriage . in all these passages of publique counsels , i still observe , that the soveraigne lord either in best advise , or most necessitie would entertaine the commons with the weightiest causes , either forreine or domestique , thereby to apt them and bind them to a readines of charge and they as warily avoiding it to shine expence . fjnjs . notes, typically marginal, from the original text notes for div a e- william the conqueror . domesday . edmerus . huntington . ex libro feodorum in sccio . hen. . stat . ex libro rubro sccij . chronicon de durst●ble . paris . benedict . monac . in vita . h●n . . gervasins doubo . iohn . roger wendon . claus. . io. in dors . claus. , io. pt. . in dors . hen. . plita de bau co . . hen. claus. . hen. . iij . an. . dors edw. . ex rot. part in archinis loud . claus . edw. . iij . . dors. claus. . e. iij . . dors. claus. . e. . dors. edw. . claus. . e. . iij . . claus. . e. . iij . . claus. . e. . iij . . claus. , e. . iij . . dors. claus. . e. . iij . . edw. . claus. . e. . rotl . parl. . edw. . parl. . e. . rotl . parl. . edw. . ses . ij . . rotl . parl , edw. . rotl . parl. . edw. . sess. . ij . . parl. . edw. . rot. parl. . edw. . sess. . da . parl. . e. parl. . e , . parl. . e. iohn . parl. . edw. . parl. . e●w . . parl. . edw. . parl. . edw. . parl. . edw. . parl. ● . e●w . . vrbane . parl. . edw. . parl. . edw. . parl. . edw. . parl. . edw. . parl. . edw. . rich. . parl. . ric. . ▪ anno . stat . . parl. . ric. . anno . parl. . ric. . anno . vrban , . parl. . ric. . anno . . parl. . ric. . sess. . parl. . ric. . sess. . parl. . ric. . sess. . parl. . ric. . sess. . parl. . ric. . sess. . sess. . parl. . rich. . claus. . rich. . parl. . rich. . parl. . rich. . claus. . rich. . boniface . parl. . rich. . parl. . rich. . parl. . rich. . hen. th . parl. . h. . parl. . h. . claus. . hen. . iii iii . iii . . parl. . hen. . hen. . parl. . hen. . anno . parl. . hen. . rot. parl. an. . hen. parl. . & . hen. . parl. . h. . parl. . h. . parl. . hen. . hen. th . rot. parl. . hen. . rot. parl. . hen. . . hen. . eugenius . . hen. . parl. . hen. . anno. . hen. . anno. . hen. . parl. . hen. . anno . anno. . hen. . anno . hen. . anno. . hen. . edw. . anno . anno . edw. . hen. . parl. . hen. . hen. , rot. parl. . hen. . iulius . rot parl. . hen . ex instrument . original . an additional instruction unto iosias berners, francis massenden esqs; sir william roberts knight, iohn parker, henry pit, matthias valentine, and robert aldworth, esqs; england and wales. council of state. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) an additional instruction unto iosias berners, francis massenden esqs; sir william roberts knight, iohn parker, henry pit, matthias valentine, and robert aldworth, esqs; england and wales. council of state. sheet ([ ] p.) printed for giles calvert, thomas brewster, and by and for henry hills, london : mdcliii. [ ] order to print dated: wednesday july . . signed: john thurloe secr. reproduction of the original in the british library. eng attachment and garnishment -- england -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no an additional instruction unto iosias berners, francis massenden esqs; sir william roberts knight, iohn parker, henry pit, matthias valentin england and wales. council of state. a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion blazon or coat of arms an additional instrvction vnto iosias berners , francis mussenden , esqs sir william roberts knight , iohn parker , henry pit , matthias valentine , and robert aldworth , esqs whereas by an act of parliament of the . of november . entituled , an additional act for saleof several lands and estates forfeited to the common-wealth for treason , it was provided and enacted , that all and every person or persons , having any estate , right , title , or interest , in , or unto any the lands , tenements , or hereditaments , by the said act intended or mentioned to be put to sale , or that hath any statute , judgement , recognizance or rent , had , made or acknowledged , before any treason respectively committed by any the persons in the said act named , and should obtain an allowance thereof , by the commissioners for removing obstructions , before the first day of january . that then the same should be good and effectual to such person and persons . and whereas several such claims were duly lodged with , and delivered unto the said commissioners , which they could not within the said time appointed determine , you , or any three or more of you , are hereby authorized and required , at any time before the fifteenth day of august next comming , to hear and determine all such claims and causes aforesaid , which were so duly lodged and delivered unto the said commissioners , and are depending before them ; which said determination and judgement of the said commissioners , shall be as effectual , as if the same had been made or done before the said first daie of january . whereof all persons concerned are to take notice , and conform themselves thereunto . given at the councill of state at vvhite-hall the . daie of july . wednesday july . . at the council of state at white-hall , ordered , that this additional instruction be forthwith printed and published john thurloe secr. london , printed for giles calvert , thomas brewster , and by and for henry hills , mdcliii . februar. . . whereas the lords and commons of both houses of parliament, made request at a common councell holden this day in the afternoone, ... city of london (england). lord mayor. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing l b thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) februar. . . whereas the lords and commons of both houses of parliament, made request at a common councell holden this day in the afternoone, ... city of london (england). lord mayor. pennington, isaac, sir, ?- . sheet ([ ] p.) s.n., [london : ] dated and signed at bottom of text: saturday this eighteenth day of february, [i.e. ]. isaac pennington mayor. title from caption and opening lines of text. imprint from wing. reproduction of the original in the british library. eng london (england) -- history -- th century -- early works to . great britain -- history -- civil war, - -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no februar. . . whereas the lords and commons of both houses of parliament, made request at a common councell holden this day in the afte city of london c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion februar . . . whereas the lords and commons of both houses of parliament , made request at a common councell holden this day in the afternoone , for the loane of three score thousand pounds to be paid by the citizens on munday next , into the treasury at the guild hall , for the present supply of the great wants and payment of the army ( under the command of his excellency robert earle of essex ) which is very much in arreare in their pay . the common councell considering the present necessity and urgent occasion , did condiscend to doe their utmost endevours to promote the advancement of the said money . and the lord mayor , aldermen , and common councell-men then present , did freely declare what summe of money they will then bring in , towards the same . and for the more speedy advancement of the remainder of the said . pounds . it was conceived requisite that the minister of every parish church , shall to morrow publish this unto his parishioners , and effectually move them freely to advance some good summe , towards the raising of the remainder of the said money , and the common councell men and churchwardens of every parish , with such others as the common councell men shall thinke fit , are desired to repaire to every inhabitant and lodger within their severall parishes , and earnestly perswade them to this good worke ; and set downe all their names and surnames , and the summes of money they shall respectively lend , and the particular answers of such able men as refuse to lend . and the said common councell men and churchwardens , are desired to collect the said monies so to be lent , and pay the same into the treasury at the guild hall , and to give receipts for what they shall collect , and upon their payment thereof to take a receipt from the treasurers . all which monies so to be lent , the lords and commons declared , shall be re-payed unto the severall lenders , out of the first monies that shall be received out of the weekely payments of money , agreed upon by an ordinance in parliament this day made , to be raised for the maintaining of the army : and the lords and commons likewise declared that they hoped that this will be the last monies that they shall require from the city in this kinde . and at the request , and by the directions of the said common councell , i doe hereby desire the minister , common councell men , and churchwardens of every parish , to doe their utmost endeavours for the speedy and effectuall promoting of this businesse , and to doe therein as is before mentioned . saturday this eighteenth day of february , . isaac pennington mayor ▪ englands looking-glasse presented in a sermon preached before the honorable house of commons at their late solemne fast, december , / by edmund calamy ... calamy, edmund, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing c ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing c estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) englands looking-glasse presented in a sermon preached before the honorable house of commons at their late solemne fast, december , / by edmund calamy ... calamy, edmund, - . [ ], p. printed by i. raworth for chr. meredith ..., london : . caption and running title: a sermon preached at a fast before the honourable house of commons. "published by order of the house." reproduction of original in the university of illinois (urbana-champaign campus). library. eng fast-day sermons. great britain -- politics and government -- - -- sermons. great britain -- history -- charles i, - -- sermons. a r (wing c ). civilwar no englands looking-glasse, presented in a sermon, preached before the honorable house of commons, at their late solemn fast, december . calamy, edmund c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - olivia bottum sampled and proofread - olivia bottum text and markup reviewed and edited - pfs batch review (qc) and xml conversion englands looking-glasse , presented in a sermon , preached before the honorable house of commons , at their late solemne fast , december . . by edmund calamy , b.d. and preacher at aldermanbury , london . ezek. . . cast away from you all your transgressions whereby ye have transgressed , and make you a new heart and a new spirit , why will yee die , o house of israel . published by order of the house . london , printed by i. raworth , for chr. meredith , and are to be sold at the crane in pauls churchyard , . to the honourable house of commons assembled in parliament . obedience is a virtue of such great worth , that luther did rather desire to have grace to be obedient , than power to work miracles . out of this very principle it was , that i first adventured to preach before such a grave and judicious senate , coram tam multis viris & tam paucis hominibus . and from the same principle it is , that i now present the sermon to a more publike view . the time allotted for the making of it , was so short ( by reason of your more serious affairs ) that it might have been a sufficient apology , to excuse both the preaching and printing of it , had not pure obedience justly silenced all such apologies . and now it is printed , the sermon it self is so poor and mean , that it may fitly be answered to me , what apelles once did to a painter , who having drawn many lines in a little space of time , and boasting to apelles that he had done so much in so short a time ; it was replyed , that he wondered that he had drawn no more . but yet howsoever , my humble request is , that you would accept of this poor mite , this little goats-haire , which your commands ( like a mid-wife ) have brought into the world . and indeed the kinde entertainment it found in the hearing , and the great acknowledgement of your thanks ( farre above all expectation or desert ) afterwards , is an abundantly sufficient incitement against all discouragement whatsoever . the subject of the sermon is of great concernment . it is about the ruine and repair of kingdoms and nations ; a matter sutable for you that are the representative body of the kingdom . sin ruines kingdoms . when nicephorus phocas had built a mighty wall about his palace for his defense , he heard a voyce in the night , crying {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . though thou build'st thy walls as high as heaven , sin is within , and this will easily batter down thy walls . sin is like a traytor in our own bosomes , that will open the gates to the enimy . sin weakens our hands , and makes them unapt to fight . sin taketh away the courage of our hearts . it was not the strength of ai that overcame the israelites , but achans sin . sinne causeth a great army to be overcome by a little one . the army of the syrians came with a small company of men , and the lord delivered a very great host into their hand , because they had forsaken the lord god of their fathers . the sins of england , are the enimies of england . these beleaguer our walls , and are as so many canaanites alwayes rising up in rebellion against us . but now on the contrary , repentance and reformation repairs and upholds kingdoms and nations : this is their fortresse and tower of defense ; their munition , armour , and wall of brasse to defend them . righteousnesse exalteth a nation , but sinne is a reproach to any people . the lord in mercy ruinate our sinnes , and not the nation ! the same lord worke a nationall reformation , and make you his instruments in this great work ! much hath been done by you this way already ( which is acknowledged in this ensuing discourse , with great thankfulnesse ) the lord enable you to perfect what you have begun . he that is the finisher of our faith , finish this much-desired reformation ! it is very observable , that when god raised up magistrates , such as nehemiah , zerubbabel , and others , to pity sion that lay in the dust , and to repair her breaches : at the same time he raised up prophets also , such as haggai , zechariah , and others , to strengthen the hands of the magistrates , and to encourage them in so noble a service : and therefore it is expresly said . then the prophets , haggai and zechariah prophesied unto the iews that were in judah and jerusalem in the name of the god of israel , even unto them . then ( and not before ) rose up zerubbabel and jeshua , and began to build the house of god which is at jerusalem ; and with them were the prophets of god helping them . and ezra . . the elders of the iews builded , and they prospered through the prophesying of haggai the prophet , and zechariah the sonne of iddo ; and they builded and finished it , according to the commandment of the god of israel , &c. by both these texts it appears , that the magistrates began and finished the reparations of gods house , by the help of the prophets of god . suffer me , therefore ( as divers others have done before ) the unworthiest of all gods ministers , according to my duty and place , to beseech and exhort you to the consummation of those blessed good things which you have begun to do for the church of god in england . and the god of all blessings , blesse you and yours . so prayeth your much obliged spirituall servant , edmvnd calamy . a sermon preached at a fast before the honourable house of commons . jerem. . , , , . at what instant i shall speak concerning a nation , and concerning a kingdom , to pluck up , and to pull down , and to destroy it . if that nation against whom i have pronounced , turn from their evill , i will repent of the evill that i thought to do unto them . and at what instant i shall speak concerning a nation , and concerning a kingdom , to build and to plant it : if it do evill in my sight , that it obey not my voyce , then i will repent of the good wherewith i said i would benefit them . this text may fitly be called a looking glasse for england and ireland , or for any other kingdom whatsoever ; wherein god almighty declares what he can do with nations and kingdoms , and what he will do . . what he can do . he can build and plant a nation . and he can pluck up , pull down , and destroy a nation . and when a kingdom is in the depth of misery , he can in an instant , if he but speake the word , raise it up to the top of happinesse ; and when it is in the heigth and zenith of happinesse , he can in another instant speake a word , and throw it downe againe into an abysse of misery . . what he will do . god will not alwayes use his prerogative , but he will first speake before he strikes , he will first pronounce judgement before he executeth judgement . and if that nation against which he hath pronounced the evill of punishment turn from their evill of sin , then will god repent of the evill he intended to do unto them : and not only so , but he will build and plant that nation , and of a barren wildernesse , make it a fruitfull paradise . but if that nation do evill in gods sight , and will not obey his voice , then will god repent of the good wherewith he would have benefited them , and pull down what he hath built , and pluck up what he hath planted , and of a fruitfull paradise , make it a barren wildernesse . by all this it appears , that as this day is a nationall day , and this honourable assembly a nationall assembly , so this text is a nationall text , every way sutable for the occasion about which we are met . the lord make it as profitable to you , as it is sutable for you . from the words thus explained , i gather these four doctrinall conclusions . . that god hath an absolute power over all kingdoms and nations , to pluck them up , pull them down , and destroy them as he pleaseth . . that though god hath this absolute prerogative over kingdoms and nations , yet he seldome useth this power , but first he gives warning . . if that kingdome against which god hath threatned destruction , repent and turn from their evill ; god will not only not destroy that kingdome , but build it , and plant it . or thus , nationall repentance will divert nationall judgements , and procure nationall blessings . . that when god begins to build and plant a nation , if that nation do evill in gods sight , god will repent of the good he intended to do unto it . the first is this , . that god hath an independent and illimited prerogative over all kingdoms and nations to build them , or destroy them as he pleaseth . this is set forth in the beginning of the chapter , by ocular demonstration . god bids ieremy arise and go down to the potters house , &c. them , and when he came there , he beheld the potter making a vessell of clay , and breaking it , and making it again another vessell , as seemed good to the potter to make it . and god himselfe makes the application ; oh house of israel , cannot i do with you as this potter , saith the lord ? cannot i make you vessells of honour , or dishonour ? cannot i save you , or destroy you as i please ? behold , as the clay is in the potters hand , so are ye in mine hand ▪ o house of israel . because nebuchadnezzar would not confesse this truth , he was driven to school to the beasts of the field , and he had the heart of an oxe , till he acknowledged , that god doth whatsoever he will in the army of heaven , and among the inhabitants of the earth , and none can stay his hand , or say unto him , what dost thou ? this supremacy of gods power , is founded upon this absolute right that god hath over us as he is our creator . for he is jehovah , that gives being to all , and receives being from none . of him , and to him , and through him are all things . all creatures are beams from his sun , drops from his ocean . if i speak ( saith the text , ) i in whom all men live , move , and have their being ; i that made all things out of nothing , and can as easily turn all things into nothing , if i speak . this power of god over kingdoms , hath two properties . . it is illimited and independent , which appears by three expressions in the text . by these words , at what instant ; which hold forth unto us , that god can destroy a nation in an instant , in the very twinckling of an eye . in the morning the sun shone upon sodome , but before night it was destroyed with fire and brimstone . the old world was drowned ( as luther thinks ) in the spring time , when all things began to bud and blossome . the flood came suddenly , saith christ , it came de repente , according to the vulgar translation of these words , when they least expected it . and on the contrary , god can in an instant make a nation happy . the israelites were in an instant brought out of egypt ; a and were in one and the same day , of all people most miserable , and of all people most happy , as calvin well observeth upon this text . . by these words — i shall speak . if god do but speak to destroy a nation , it is presently destroyed : he spake the word , and the world was made ; and if he speak the word , the world will return to its first principles . if i bring a sword upon a land , and say , sword go through that land , so that i cut off man and beast from it . though these three men were in it , as i live , saith the lord , they shall deliver neither sons nor daughters , &c. ezek. . , . on the contrary , if god do but speak to plant a nation , it is planted ; for gods benedicere , is benefacere . . this absolute power of god is likewise deciphered by three synonimicall expressions in the text , to pluck up , pull down , and to destroy . which three words do intimate , that god hath an illimited prerogative over kingdoms , and that he can overturn , overturn , overturn uhem , as it is said , ezek. . . or as hugo glosseth upon the words , he can pluck up all mercies , pull down all judgments , and destroy them ; that is , make an utter ruine of them . . this power of god , is universall . for the words run in generall , at what instant i shall speak concerning a nation : not this or that nation , but a nation indefinitely . there is no kingdome exempted from gods jurisdiction , or that hath letters patents to priviledge it . if i speak concerning ierusalem , or concerning england , &c. god is the governour of the whole world , all alike to this heavenly potter . if gods power over kingdomes be so large , if and so absolute ; let all the world stand in awe , and not dare to sin against such a mighty and terrible god : a god before whom all the nations of the world are as a drop of a bucket , and as the small dust of the ballance . and if all asia , africa , europe , and america be but as the drop of a bucket ; what a little drop of that bucket is one man , though never so great ? if all the world be but as the dust of the ballance , what a little little particle of this dust is one man ? who would not fear thee , oh king of nations ? forasmuch as there is none like to thee , o lord ; thou art great , and thy name is great in might . will ye not fear me , saith the lord ? will ye not tremble at my presence , which hath chained up the sea with fetters of sand ? &c. that am the god of earthquakes , the god of thunder and lightning ; a god that can cast both body and soule into hell fire . who art thou , that thou shouldest be afraid of a man , that shall dye , and of the son of man which shall bee made as grasse ? and forgettest the lord thy maker , that hath stretched forth the heavens , and layd the foundatons of the earth ? think of this you that are greater in sin , than in greatnesse , that make no other use of your greatnesse , but as of letters patents to free your selves from all humane punishments , and to licence you to make your wills your laws , and your lusts your gods ; and to commit not onely peccata , but monstra , that are pessimi maximi , not optimi maximi . the great jehovah against whom you sin , is greater than the greatest ; he bindeth kings in chains , and nobles in lincks of iron . he hath provided tophet of old ; yea , for the king it is provided . hell was made for great men as well as poore . observe how resolutely and emphatically the prophet speaks , yea , for the king it is prepared . potentes potenter torquebuntur . ingentia beneficia , ingentia vitia , ingentia supplicia . to whom god hath given great mercies , if they abound with great vices , god will inflict great punishments upon them . think of this you that trample the bloud of christ under your feet , by your prodigious oathes , and by the contempt of the day , worship , and servants of christ . the bloud which you contemne is nobler than the noblest bloud that runs in your veins : it is the bloud of the eternall god , of that god , before whom the great , as well as the small , must appear at the great day of judgment ; in which terrible day , the kings of the earth , and the great men , and the rich men , vnd the chiefe captains , and the mighty men will hide themselves in the dens , and in the rocks of the mountains : and say to the mountains and rocks fall on us , and hide us from the face of him that sitteth on the throne , and from the wrath of the lamb , &c. they that are here cloath'd in silk and velvet , shall wish for the mountains to cover them ( which yet shall be but a poor shelter ; for the mountains melt at the presence of the lord , and the rocks rend asunder when he is angry . they that made others to flye away from them as innocent lambs , from devouring wolves , shall be afraid of the wrath of the lamb that sitteth on the throne . great men must dye as well as others , and when they are dead , there is no difference between the dead bones of philip of macedon , and other men , as diogenes told alexander . remember the wofull catrastophe of herod the great , agrippa the great , pompey the great . oh , let all men fear to sin against that god that removed the assyrian monarchy to the persian , and the persian to the graecian , and the graecian to the roman . that toucheth the mountains and they smoak , before whom the devils feare and tremble . oh , let not our hearts be harder than the rocks , worser than devils ! oh england , feare the god of heaven and earth ! oh you house of commons , tremble and sin not ; most in the world sin and tremble not . do you tremble , and sin not : we are all in gods hand , as a flye in the paw of a roaring lion , as the clay in the hand of the potter . do we provoke the lord to jealousie , are we stronger than he ? consider the advantages god hath us at , and our dependencies upon him , and let us not dare to sin against him . a sanctuary in all distresses and dangers . let us flye to this god of power , who giveth kingdoms , and taketh away kingdoms as he pleaseth . the great superintendent . fly to him as to thy ark , thy pella , thy city of refuge . and in our deepest miseries let us sing cheerfully the . psalm , as luther was wont to do . god is our refuge and strength , a very present help in trouble . i will not feare though the earth be moved and though the mountains be carried into the midst of the sea , &c. a divine project to secure a nation from ruine ; to make this great jehovah our friend ; for if god be on our side we need not feare those that are against us . deus meus & omnia : tranquillus deus , tranquillat omnia . and for this very purpose we are here met this day in gods sanctuary , flying to the horns of the altar , to beseech that god who is the only potentate , king of kings , and lord of lords , that only doth wonderfull things , that he would be reconciled unto us ; that he would quiet the commotions that are in ireland , reduce the rebels into order , sheath up the sword that is there drawn , and quench the flames that are there kindled . that the lord would knit the heart of our soveraign to his people more and more , and of his people to him . that he would unite both houses of parliament , that they may joyn together with one heart as one man , to relieve poor ireland , and reforme england . athanasius tells us that anthony the monk fought against the divell with that text , psalm . . . let god arise , and let his enemies be scattered , let them also that hate him flee before him . the divell is more afraid of this text , then any other : for he knows he is gods greatest enemy , and if god arise , he must needes be scattered . oh , let us set god on work this day , to destroy the implacable enemies of his church ; arise oh lord , and scatter the irish rebells ! arise oh lord , and confound antichrist , and build up the walls of ierusalem ! the romans in a great distresse were driven to take the weapons out of the temples of their gods , and to fight with them , and so they overcome . this is our course this day , wee fight with the weapons of the church , prayers and teares . the spartans walls were their speares : our walls are our prayers , our helpe standeth in the name of the lord , who hath made heaven and earth . lord speake a word and iericho shall fall , be favourable to england and ireland ; lord take away our tinne , and purely purge our drosse ! our trust is not in our bow , nor speare . let us labour to become gods favourites , and then we have all happinesse concentred in two words . the second doctrinall conclusion . though god hath this absolute power over kingdomes and nations , yet he seldome useth this power , but first he gives warning . i say he seldome useth it : for i do not lay it downe as a generall rule : deus non alligat suas manus ! god may , and doth sometimes destroy at once , and give no warning . thus he dealt with the heathen ammonites and idumaeans , as calvin observes ; but he seldome or never sends any great judgement upon his own people , but first he speaks before he strikes . first verba , then verbera , as it is in the text . at what instant i shall speak , &c. if that nation concerning which i have pronounced , &c. first god pronounceth a judgement before he executeth a judgment ; he lightneth before he thundreth ; he hangs out his white flag of mercy , before his red flag of utter defiance ; first he shoots off his warning peeces , before his murdering peeces . and the reasons are , . that all the world may take notice , that all punishments and afflictions come not by chance , or fortune , but from the immediate hand of the great god . it is he that forms the light , and creates darknesse ; it is he that makes peace , and creates evill , i the lord do all these things . and therefore god gives warning to imprint this doctrine : that there is no evill of punishment , but from god . . because god is loath to punish . minatur deus , ut non puniat : they that minde mischiefe , give no warning . when absalom intended to murder amnon , he spake neither good nor bad unto him , sam. . . neither would god reveale his intentions to destroy us , but only because he desires not to destroy us . i reade of one that came to murder one of the roman emperors , and by speaking these words , hunc tibi pugionem mittit senatus , detexit facinus fatuus , & non implevit . another was seen whetting his sword , and by that , suspected and detected . but it is otherwise with god , he gives many items , and sets many beacons on fire before he destroyes a nation . as ambrose observes upon gen. . . he puts his bow in the cloud ; non sagittam , sed arcam , not his arrow , but his bow ; the bow cannot hurt us , but the bow forewarns us of the arrow ; and the string of the bow is to us-ward , to shew how unwilling god is to punish : he must first turn the bow and put in the arrow , before he can shoot . and as it is , psalm . . . if you will not turn , i will whet my sword , i will bend my bow , and make ready my arrow . first god whets his sword before he strikes , and bends his bow before he shoots , his arrow is unprepared , &c. and all this , because he is a father of mercies , and a father you know is loath to whip his child . i afflict not willingly , lamen . . . fury is not in me , isa. . . it is your sinnes that put thunderbolts in my hands . as a woman brings forth her childe with pain , and a bee never stings , but when he is provoked : so it is with our good god , he never punisheth , but when there is no remedy , chron. . , . when god came to punish adam , he came slowly , in the cool of the day ; but when he commeth to shew mercy , he comes leaping over the hills , and skipping over the mountains . god was but six dayes in making the whole world , and yet as chrysostome well observes , he was seven dayes destroying one city , the city of iericho . god gives warning for the glorification of his justice . that all those persons and nations that are destroyed , may have no apology , no excuse , but may be speechlesse at the great day of account , ne dicant sibi non praedictum cave . there is no christian nation , shall be able to say , that god destroyed them , and yet never gave them warning . read the second and third chapters of the revelation ; observe christs warning to the seven churches . this made them without excuse ; forewarned , forearmed . if this be gods ordinary course , let us admire and adore the patience of god towards our persons in particular , and towards this nation in generall , in which we live : a nation not worthy to be beloved , a nation as ripe for destruction , as any other nation . how many tapers hath god set on fire ? how many white flags of mercy hath god hung out ? how often hath he shot off his warning peeces , to forewarne this nation , that god would pluck it up , pull it down , and destroy it . ionathan shot three arrowes , not to hurt david , but to help david by foretelling him of sauls murderous intention against him ; but god hath shot not only three , but eight arrowes , to forewarne , and forearme us . the lord awaken our secure hearts , to the consideration of these things : god hath spoken eight wayes to this nation , by all which he hath intimated his intention to destroy us . . he hath spoken unto us by the voice of his ministers , that with one mouth and lip , have foretold us of desolation , and destruction . it hath beene the constant voice of gods faithfull servants , from the pulpit , for these many yeares early and late . now this voice is not to be slighted ; for surely the lord will do nothing , but he revealeth his secret unto his servants the prophets , amos . . . he hath spoken to us by the voice of his lesser judgements . for god hath two sorts of judgements , rods and scorpions : footmen , and horsemen , as it is expressed , ierem. . . and he deales with a nation , as a physitian with his patient . if a lesser potion will not worke , the physitian will prescribe a stronger . god hath sent many lesser judgements , the small-pox , unseasonable weather , the plague in a moderate way ; but these judgements have beene slighted and contemned ; and lesser judgements contemned , are harbingers to usher in greater : god threatneth , levit. . . if his people will walk contrary to him , he will punish them seven times more : and afterwards he addes , that if they will not be reformed , he will punish them yet seven times more , and yet seven times more . vers. . , , . i , even i , will chastise you in fury , seven times more for your sins . as the ancient consuls of rome had rods , and axes , carried before them : rods as ensignes of their lenity to penitent offenders ; but axes as tokens of their severity , against incorrigible offenders : so god hath his rods , and his axes , his puning knife , and his axe . if his pruning knife will not amend us , his axe will hew us down , and cast us into the fire . . god hath spoken to us by the death of his godly servants . for the righteous perish , and no man layeth it to heart , and mercifull men are taken away ; none considering that the righteous is taken away , from the evill to come , isa. . . thus methusalem that godly patriarch died , the very yeere the flood came . and his name signifieth , a messenger of death ; his death did presage the flood . thus austin was taken away by death , immediately before the sacking of hippo where he lived . paraeus before the taking of heilderberg . luther a little before warres came into germany , as he himselfe did fore-signifie at his death . thus the death of saint ambrose was a fore-runner of the ruine of italy . the many reverend preachers , the chariots , and horsemen of israel , that in these few yeares are gone to their graves in peace ; are as so many blazing comets to portend our ruine . . god hath spoken to us by the voice of other protestant nations beyond the seas , that have drunk deepe of the cup of gods wrath . herodotus tells us , that in a certaine egyptian temple , there was a statue built for sennacherib , ( this was he that besieged ierusalem , and blasphemed the god of israel , and was afterwards slaine by his sonnes ) and upon this statue was this inscription ; {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , look upon me , and learn to be righteous . me thinks i heare rochell , bohemia , the palatinate , and other parts of germany , saying : oh england look upon us , and learn to be righteous . god will not alwayes make you like goshen , when we are plagued as egypt : make you like noah in the ark , when we are drowned with a flood of miseries : make you like gideons dry fleece , when we are like his wet fleece , bedewed with sorrow and lamentation . you must not look alwayes to drink so deep of the cup of prosperity , when we have drunk so deep of the cup of adversity . god hath made us examples to you ; but if you amend not , god will make you your selves the next examples . it is a most true saying : legimus historias , ne ipsi fiamus historia . if you will not learne righteousnesse by our history , god will make you the next history . discite justitiam moniti & non temnere divos . this is a loud and powerfull voyce . . god speaks now more neerly unto us , by the bloudy rebellion that is in ireland ; the sword that is there drawn , is like the comet , that for a whole yeer hung over ierusalem , in the likenesse of a fiery flaming sword . this sword is gods warning peece to england : it is like tamberlaines red flag , threatning ruine , and desolation to us ; for it is an old saying , he that would england win , must with ireland first begin . a serpent , the neerer it is , the more dangerous it is . the sword is now come very neere us : it is like a serpent in our bosomes : the lord awaken our sleepy spirits . god hath . swords . the sword of the angel , which is the plague : the sword of the spirit which is his word : and the sword of the enemy . we have been wofully massacred with the first sword . the plague hath been grievously upon our bodies , but the plague of sin still remaines upon our soules ; this sword hath done little good . if the sword of the spirit will not now at last cut down our sinnes , we must expect the sword of the enemy to cut us down , and to destroy us . . god now also speakes unto us by the many sad divisions , and unhappy fractions that are in church and state . a kingdome divided against it selfe , cannot stand . it is observeable , that scarce ever any great enemy entred this kingdome , but when it was at schisme and division within it selfe . tacitus saith , that nothing gave the romans more advantage against the ancient brittains then this , quod factionibus & studijs trahebantur . mandubratius ( as caesar cals him ) out of hatred against cassibellanus , brought in iulius caesar . adminius , brought in claudius . gnortigernus first , and mordredus after brought in the saxons . toustains division and inrode , made way for the normans ; and there were more divisions than one to helpe in the danes . and there is nothing more likely to bring in the romans once more into our kingdome , than these mandubratians , the adminians , j had almost said these arminians . oh sad divisions ▪ these are as thicke blacke clouds threatning a great shower of desolation . . god speakes unto us by the great demur and delay of the reformation of the church . for the childe of reformation is come to the birth ; but there wants strength to bring it forth . this is a signe , that there are some great obstructions in the kingdome , that hinder the birth of this much desired childe . and it shrewdly presageth , as if god had begunne to repent of the good , that hee hath begun to doe for us ; and that , it will be with us , as it was with tamar , in the time of her travell , genes . . , . zarah first puts forth his hand out of the wombe , but afterwards drew it in againe , and pharez came out in his stead . so it gives us cause to feare , least the childe of mercy should goe backe into the wombe againe , and the childe of judgement come forth in his stead . . god hath spoken to us by the voice of our owne consciences . there is no man that lives in any knowne sinne , but his conscience hath often told him as abner did ioah , will not this sinne bring bitternesse in the latter end ? and as reuben to his brethren , did i not tell you of this aforehand ? that this sinne would bring you to hell . there is a light which god hath set up in all our soules , which is as a beacon , set on fire , to give notice of gods wrath and vengeance . this light is conscience , which tertullian calls praejudicium judicij . this is gods bosome preacher ; and when this is silenced , it portends nothing , but utter ruine and desolation . and thus you see how many waies , god hath given warning to this kingdom . now i beseech you , let the long-suffering , and goodnesse of god , drive us to repentance . this is the use the apostle paul makes , rom. . . which is the more to be laid to heart , because that saint peter pickes out this exhortation from out of all the epistles of paul , as one of the choisest , and urgeth it upon those , to whom he wrote , as you may read , pet. . . and account the long suffering of the lord , is salvation ; even as our beloved brother paul also hath written unto you . now i conceive , this is no where written , but in the place forementioned . let not that which is our salvation ( as peter saith ) become our damnation . let us follow the example of noah , heb. . . noah by faith being warned of god , of things not seen as yet , moved with fear prepared an ark , to the saving of his house , &c. noah had but one warning , and that of a judgement , which had no print in nature : but wee have had eight kindes of warnings , and there are many prints and foot-steps of gods judgements amongst us . o let us beleeve these voices of god and let faith worke feare , and feare worke care to prepare an arke , before the floud comes . let us be amended by gods warning-peeces , lest we be consumed by his murdering-peeces . there are two motives to quicken us to the obedience of this exhortation . gods warnings are in gods keeping . no man hath a locke and key of gods patience . hee is long-suffering , but not alwaies suffering , and how long he will suffer , no man knows . sometimes god is warning of a people . yeers , as he was the old world . sometimes but . yeeres , as he dealt with the jews , before the destruction of ierusalem , sometimes but . dayes , as in ninive's case . sometimes but one night as in lots case , who had warning of the burning of sodom , but the night before . we in this nation have had many yeers warning . i feare me , the taper is almost burnt out : that the sun of our prosperity is ready to set . and that the houre-glasse of our happinesse is almost run out . this is our last warning . mistake me not ; i doe not prophecy what god will do ; but what wee deserve god should doe , and what wee may justly expect he will doe , and what wee ought to provide , if hee should doe . let us amend now , or never ; before the day of mercy be past , before the draw-bridge be taken up . it may be too late the next yeer . the warnings of god , when they are slighted , they will necessitate and aggravate our condemnation . . they will necessitate our condemnation . for there are three degrees of gods wrath . his threatning wrath , his punishing wrath , and his condemning wrath. and this is gods methode . first , he threatneth ▪ before he punisheth : and if his threatning anger reforme us , wee shall never feele his punishing anger ; but if his threatnings prevaile not , wee shall certainly feele his punishing anger . and if neither threats , nor punishments prevaile , nothing remains but his condemning wrath. si non audies vocem misericordiae , senties vocem judicij . si nonaudies primam tubam , senties ultimam . si non audies deum minantem , senties punientem & condemnantem . what destroyed the old world , but because they did not regard noahs warning ? what destroyed lots sonnes in law , but because they mocked at lots warning . . they will aggravate our condemnation : for as a childe in the mothers womb , the longer it is in the wombe , before it comes forth , the bigger the childe will be , and the more pain it will put the mother unto . so the longer god keeps in his wrath , and is patient toward a nation , the bigger the childe of wrath will be , when it comes forth , and the greater will be our misery and affliction . this metaphor god himselfe useth , isaiah . . i have a long time holden my peace , i have been still , and refrained my selfe ; now will i cry like a travelling woman , i will destroy , and devoure at once . though god hath leaden feet , yet he hath iron hands . the longer he is before hee strikes , the heavier the blow will be , when hee strikes . patience is the proper purchase of the bloud of christ . there was no patience under the first covenant . deus non expectabat angelos , non expectabat adamum , god did not wait for the angels , nor for adam ; but as soone as ever they had sinned , hee throws the one out of paradise , the other into hell . but for us sinfull sons of adam , god for christs sake tarrieth , and waiteth our conversion . oh , let us not sinne against the merit of christs bloud ! read the c . psa. , . these things thou hast done and i kept silence , thou thoughtest that i was altogether such a one as thy selfe : but i will reprove thee and set them in order before thine eyes . now consider this , ye that forget god ; lest i tear you in peeces , and there be none to deliver . let us not stop our ears from hearing these eight voices , lest god turne his words into blows , and stop his eares from hearing our voices in our extremities . there are two degrees of mercy in god , misericordia parva , & misericordia magna , his little mercy , and his great mercy . for god to wait our conversion , and to fore-warne us of evill to come , this is a mercy , and a great mercy in it selfe considered . but it is but a little in comparison of the second mercy , which is the great mercy . and that is , when god gives us grace to make a holy use of his patience , to make his patience our salvation , and to be led to repentance by it the lord bestow this great mercy upon us ! the third doctrinall conclusion . that nationall turning from evill , will divert nationall judgements , and procure nationall blessings . so saith the text : if that nation turne from their evill , then will i repent , and not only so , but verse . . i will build , and plant it , &c. the doctrine is a mercifull qualification of gods absolute power , he is so farre from using it , as that he indents and covenants with every nation . if they repent , i will repent . now whereas god is here said to repent , it is spoken {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , but it must be understood {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . god is not as man , that he should repent ; hee is said to repent , because hee doth that which men doe when they repent . i will repent , that is , i will turne my judgements into mercies . god doth sometimes will a change , but he never changeth his will . god from all eternity decreed to be served in the old testament with types and figures , and in the new-testament , in spirit and truth . here was a will of achange , but no change in gods will . when god is said to repent , the change is in us , not in god . as when the sun softneth the wax , and hardneth the clay ; here is a different act of the sunne ; but the change ariseth from the different object , not from the sunne . so god from all eternity decrees to punish the impenitent , and to blesse the penitent . and when a nation by gods almighty grace becomes penitent , god turnes his punishments into blessings ; but the change is in the nation , not in god . and now give me leave to speake my minde freely ; j am not come hither this day to feast your eares , but to wound your hearts ; you must not expect elegant and fine phrases . non licet in tanta miseria disertum esse , this is a day , not for humane , but divine eloquence . non loquor disertae sed fortia . a day wherein we are to cry mightily unto god , to knock aloud at heaven gates , and to extort mercy from gods hands , by a holy and acceptable violence . and for my part i know not any doctrine more sutable to worke upon your hearts and affections , then this plaine conclusion ; that there is no other way to procure blessings from god , or to turne away judgements from the land , but by turning from sinne unto god . the wrath and punishments which sinne hath twisted , repentance will untwist . sinne is as a thicke cloud , stopping the sun-shine of gods mercy ; but if we turne from sinne , this will melt the cloud , and cause the sonne of righteousnesse to shine upon us . sinne , it is as a divell in the aire , to hinder our prayers from ascending ; but if we turne from sinne , this will charme the divell , and make satan like lightning fall downe from heaven . sinne is like so many great peeces of ordnance , planted and charged upon high mountaines , ready to shoote downe cities and kingdomes : but if we turne from sinne , this will take away the force of these cannons , and make them as paper-shot . sinne is a wall of separation betweene god and us : to turne from sinne , will breake downe this wall . sinne is the great make-bate betweene god , and man : sinne dissolveth parliament unhappily : sinne puts variance betweene a king and his subjects . sinne destroyed rochel and the palatinate ; it brought the sword into ireland , and will bring it into england , unlesse we turne away from all our evill doings . to turne from sinne , is a key to unlock all the chests of gods mercies . it is clavis viscerum dei , a preservative against all misery . oh the divine rhetorique , and omnipotent efficacie of repentance ! this is that raine-bow , which if god seeth shining in our hearts , he will never drowne our soules . that starre which will bring us to christ . a repenting faith , is our sacra anchora to flye unto ; it is ilex misericordiae : it tyes gods hands , and charmes his wrath . there is no thunder-bolt so great , no wrath so furious in god , but repentance will abolish it . this abigail , will easily appeare our heavenly david , though hee march never so furiously . repentance is so acceptable to god , that he rewarded ahab for his hypocriticall repentance , that others by his example might be provoked to turne truely to god , who knew not his repentance to be hypocriticall . i have here a large field of matter , for a yeare , rather than a day : but as a little boat may land a man into a large continent ; so a few words may suggest matter sufficient to a judicious eare , for a whole lives meditation . i shall not spend time in unfolding the nature of this duty of turning from sinne ; or in shewing the reasons why this turning is so potent to divert judgements , and procure mercies ( this is the worke of every sermon . ) i will onely make one use of exhortation ( for it needes application , more then explication . ) to beseech you to turne the doctrine into practice , and to expresse the sincerity of your repentance , by two duties , which are as the two poles , upon which our turning from sinne doth move . by humiliation and reformation ; humiliation for sinnes past , reformation for the time to come : humiliation without reformation , is a foundation without a building : reformation without humiliation , proves often a building , without a foundation . both of them together , comprehend the essentialls of this great duty , which is the very quintessence of practicall divinity . let us turne unto god by humiliation , for sinnes past . this day is a day of humiliation . a sabbath of weeping and mourning : wherein we should wash the feete of christ with our teares , wherein we should weepe bitterly , before the lord , powre forth our hearts like water , and strive who should put most teares into gods bottle . i beseech you , let us turne unto god with true penitent teares , drawne from the well of a broken heart , fetcht out with the backet of gods love . let us sanctifie a fast , and afflict our soules before the lord , that this day may become a day of attonement . and because the well is deepe , and our hearts are very hard , and some , it may be , want buckets to draw water withall : give mee leave to offer unto you seven buckets , which will serve , as seven helpes to humiliation . . let every man consider his owne sins , which hee himselfe is guilty of . have wee not broken the holy , and righteous commandements of god a thousand times , and shall not this break our hearts ? have wee not broken our vowes and covenants which wee have often made with god , and will not the meditation of this break our hearts ? god in scripture is said to have a bagge and a bottle . a bagge to put our sins in , and a bottle to put our teares in . have wee not filled gods bag with our sinnes , and shall wee not now fill gods bottle with our teares ? doth it not grieve us , that wee have so often grieved the holy spirit of god ? are we not heavy laden with those sinnes , with which god himself is pressed as a cart with sheaves ? is not god himself broken with our whorish hearts , and will not this break our hard hearts ? have wee not had yeares of sinning ? oh let us have one day of mourning ! have we not trampled the bloud of christ under our feete , and shall not the bloud of this scapegoate melt our adamantine hearts ? it is an excellent saying , that in all the sins we commit , we must not so much consider the sin that is committed , as the god against whom it is committed . and this will provoke us to great humiliation for little sins , as well as great sins . for there is no sinne simply little . there is no little god to sinne against . the lest minimum spirituale , the least offence is committed against an infinite god ; and therefore deserves infinite punishment . there was no little price paid for little sins ; the least sinne cost the shedding of the bloud of the eternall god . there is no little disobedience in a little sinne . for as there is the same rotundity in a little round ball , as in a great one : so there is the same disobedience against god , in a little sinne , as well as in a great one . to dis-obey god in a little , is no little dis-obedience . there is no little unthankfulnesse in a little sin . for the lesser the thing is , in which wee offend god , the greater is the unthankfulnesse , that we will sin against god , for so little a matter . there is no little pollution and defilement , in a little sin . a little puddle may dirty a man , as well as a great one . a little bodkin may wound a caesar to death . there is no little punishment , for little sins ; for the wages of sin is death . the wages of sin as sin , and therefore of every sin . a quatenus ad omne valet consequentia . non est distinguendum ubilex non distinguit . and therefore let us i beseech you , mourne with a great lamentation , for our little oaths , our idle words , our omissions of good duties , and defects in good duties , &c. can we mourne for the losse of our estates , for the death of our children ? and shall we not mourne that we have lost god , and the peace of a good conscience by our sins ; and that our hearts are so dead and dull to goodnesse ? can wee cry for the stone in the bladder , and not for a stony heart ? the stone in the bladder can but kill the body ; but a stony heart will cast body and soule into hell . weepe for those diseases that will destroy soule and body for ever . wee have beene often in the valley of hinnon , sacrificing our sonnes and daughters unto divels , by their wicked educations ; improoving our parts and mercies , to the service of the divell . oh , let us this day descend into the valley of bacah , and let us make this church a bochim , a place of weeping . we have many church-sins , sermonsins , sacrament-sins . let us have church-tears for our church-sins . a second help to humiliation , is the consideration of the sinnes of the nation wherin we live . this kingdome is an island incompassed with three oceans ; not onely with an ocean of water , but also with an ocean of mercies ( no nation more exalted in mercies ) and i may as truly adde with an ocean of sinnes . and that which makes our sinnes the greater , is because our mercies have beene so great . we have sinned under mercies ; we have provoked god , at the sea , even the red sea . this was a great aggravation of the israelites sin , and so it is of ours . wee have sinned not onely under mercies , but with our mercies , wee have made a golden calfe , with the jewels of mercies which god hath bestowed upon us . we have taken the members of christ , and have made them the members of a harlot . what sin is there under the cope of heaven , whereof any nation is guilty , which we have not ingrossed to our selves ? let us weepe for the beastly drunkennesse of this nation : but why do i call it beastly ? for generally beasts are sober : it deserves a name inferiour to beasts , for so it makes a man for the time . austin saith , that in his days drunkennesse was growne to that heigth , as that there was no remedy against it , but by calling of a synod . and in our dayes it is growne to that gyant-like bignesse , as that there is no hope of redresse , but in the parliament . woe to this land because of this sinne ; this is that which will make us unable to stand before our enemies , and to stagger like a drunken man . for this sin god gives a land over to the spirit of giddinesse . let us weepe for the blasphemous swearing that is in the nation , wherein ( if in any thing ) there is a pride taken in offending god , for other benefit of it i know none . for this sinne the land mourneth , and let us mourne . weepe for the adultery and fornication , which as an epidemicall disease hath overspread the nation . whoremongers , and adulterers god will judge . if man will not , god will . he that divorceth himselfe from his wife , and joyns himselfe to a harlot , god will divorce himself from such a man , and divorce his mercies and blessings from him . vveepe for the covetousnes of the nation . this sinne is the root of all evill : and for this sinne god will root out a nation . he that is swallowed up with earth , ( as corah , and his company ) his eares stopped with earth , his heart stuffed with earth , god will give him earth enough when he dyes ; and they that love earth so immoderately , are likely to have little enough of heaven . weepe for the oppression , extortion , bribery , lying , griping , usury , cousenage and deceit in trading . these sinnes will cause a fourth ocean to encompasse this island , and that is an ocean of misery . let us shed teares for the innocent blood that is shed in the land ; for the divellish pride that is amongst us : pride of heart , pride of apparell , in following the fashions of every nation almost . how justly may wee expect , that god should make us slaves to that nation , whose fashions we so eagerly follow ? mourne for the great prophanation of our christian sabbath-day : how can we expect that god should give us rest in this land , if we will not give him a sabbath , a day of rest ? oh , let our eyes gush downe with rivers of teares ! oh that our heads were fountaines of teares for the idolatry ( that land-devouring sinne of idolatry ) for the superstition , the apostasie , the contempt of the gospel , and of the ministers , and ministery of it that raignes amongst us ! it is time for god to deprive us of manna , when we begin to be weary of it ; the time may come we may have sermons few enough , that neglect them so much as some doe . the confessors that fled for their religion in queene maries daies , acknowledged ( as vrsinus relates ) that that great inundation of misery came justly upon them , for the neglect of , and unprofitablenesse under the gospel , which they had enjoyed in king edwards dayes . and if they were so severely punished for a few yeares contempt of the gospel ; what a superlative degree of punishment doe we deserve , that have had the gospel of peace , and the peace of the gospel , for almost an hundred yeares , and yet are so unlike the gospel in our conversations ? the time would faile , if i should make a catalogue of our nationall sinnes . oh , let us be one of the mourners in sion , for the abhominations of the land ; that so we may be mark't out for safety . and let us take this rule to perswade us . those sinnes which we know others to commit , and yet mourne not for them , these sins become our owne sins : and therfore we may well pray with austine , lord deliver me from other mens sinnes , which for want of mourning and grieving for , i have made mine owne . a third bucket to draw the water of teares withall ; is the consideration of the great breaches that are in church and state . we are divided in minutula frustula ( as austine of the donatists . ) let these breaches break our hearts , let these rents rend our hard hearts . for the division of england let us have great thoughts of heart . a fourth helpe to humiliation , is the consideration of the miseries that are like to come upon us as the woefull consequent of these breaches . as our saviour christ , when hee came neere ierusalem , and beheld the sinne of it , and the desolation that was impendent over it , he wept , saying ; oh that thou hadst known , even thou , at least in this thy day , the things which belong unto thy peace ! but now they are hid from thine eyes , &c. so let us contemplate the sins of england , and the destruction which wee may justly expect as the fruite of our sinnes ; and let us weepe over england , and say , oh england , england , that killest the prophets , and stonest them that are sent unto thee ! oh that thou hadst knowne , even thou , at least in this thy day , the things which belong to thy peace . it is reported of xerxes , that having prepared . men to fight with the graecians , and beholding so great a multitude of souldiers ; hee fell a weeping out of the consideration , that not one of them should remaine alive , within the space of an hundred years . much more ought we to mourn , when we consider the abundance of people that are in england , and the abundance of sin perpetrated among us ; and what shall become not onely of our bodies within these few years , but what shall become of our souls to all eternity . a fifth bucket is , the contemplation of germany , which is now become a golgotha , a place of dead mens sculs , and an aceldama , a field of bloud . some nations are chastised with the sword , others with famine , others with the man-destroying plague . but poore germany hath been sorely whipped with all these three iron whips at the same time , and that for above twenty yeares space . oh , let us make use of this bucket , and draw out water , and poure it out before the lord this day ; let us send up our cries to heaven for germany . it is a signe that we are not true members of the body of christ , because we have no more fellow-feeling of the miseries of the same body . a dead member hath no sense of its own misery , or of the bodies distemper . if wee be living members , we will simpathize with the calamities of gods people . a sixth helpe to humiliation , is the consideration of the bleeding condition of ireland . i need not relate ( you have great reason to know it better than my selfe ) the inhumane , barbarous , canniballisticall , and super-superlative out-rages , butcheries , and massacres that are there committed by those bloudy rebels . oh , let us send up one teare this day , as an orator to the throne of grace , to plead for mercy for poore ireland ! this is one chiefe cause of this generall fast , to pray and weep for ireland . help it ( right honourable ) oh , helpe it vvith your prayers and tears . tears have voices as vvell as words . i thank thee , oh lord ( saith david ) that thou hast heard the voice of my weeping . where note , weeping hath a voice . and as musicke upon the waters sounds farther , and more harmoniously than upon the land : so prayers joyned with tears , cry louder in gods eares , and make sweeter musicke then when teares are absent . when antipater had written a large letter against alexanders mother unto alexander , the king answered him : dost thou not know that one teare from my mother , will wash away all her faults ? so it is with god ; a penitent teare is an undeniable embassador . an object look't upon when it is in the water , seemes bigger than when it is out of the water . let us looke upon irelands misery through the water of our teares , and this will represent it in its due proportion . let us weepe , because we cannot weepe , let our hearts weepe , because our eyes cannot weep . to move your hearts a little more , suffer mee to propound three examples . . the example of abraham , who was so zealous for the preservation of sodome , that by an humble importunity he brought god down to these terms , that if there had beene ten wheat-ears in sodome , all the tares should have been spared for these ten mens sake . and when god was gone from abraham , he continued so solicitous for the good or sodome ; that ( as luther thinks ) he could not sleepe all night . i am sure the scripture saith , he gate up early in the morning to the place where he stood before the lord , and he looked toward sodom , to see what was become of his prayers . if abraham did thus much for sodome , for wicked sodome ; ought not you to be much more zealous for the protestants in ireland , who professe the same faith , and are under the same government with us in england ? . let me offer the example of nehemiah , who though for his owne particular he was in great prosperity , and in great favour at the court ; yet when he heard of the afflict on and misery of the people of god at ierusalem , hee sate downe and wept , and mourned , and fasted , and never desisted , till hee had obtained leave to goe and helpe his brethren at ierusalem . . i shall propound the example of hierome , who was writing a commentary upon ezekiel ; but when hee heard of the besieging of rome ( a place wherein he had formerly lived ) and of the death of many godly people , he was so astonished and amazed at the newes , that for many nights and dayes hee could thinke of nothing . et in captivitate sanctorum se esse captivum putabat . he thought himselfe taken captive , amongst those that were taken captive . i might adde the story of phineas wife , but i forbeare . let these examples be your instruction and encouragement . me thinks i heare a voice in ireland , like the voice that was heard in rama , lamentation and weeping and great mourning , rachel weeping for her children , and would not be comforted because they are not . me thinks i see ( do not you so also ? ) the poore people of ireland looking out of their windows , and crying out as the mother of sisera . why is his chariot so long in comming ? why tarry the wheels of his chariot ? why is aide so long delayd ? where are englands bowels ? me thinks i see the very flames of this great fire that is kindled in ireland . oh , let this fire melt our hard hearts into pitty and compassion ! i doubt not but this bucket will draw out a great deal of water this day . there is one bucket more , the last , but not the least ; and that is the consideration of the lord jesus christ . his body was rent and torne for us . oh , let this rend and teare our hearts that ever we should sinne against such a christ ! his bloud was poured forth as a sacrifice for our sins . oh , let us pour forth our tears , for our offences against him ! beloved in the lord ; this is a day wherin we ought to make conscience to get our hearts affected with deep sorrow for sin ; otherwise we do but take gods name in vain . now there is no way more powerfull to produce this effect , then by going to mount calvary , and by burying our selves in the meditation of christ crucified . there is a story of an earle called elzearus , that was much given to immoderate anger ; and the means he used to cure this disordered affection , was by studying of christ , and of his patience in suffering the injuries and affronts that were offered unto him ; and he never suffered this meditation to passe from him , before he found his heart transformed into the similitude of jesus christ . wee are all sick of a hard and stony heart ; and if ever we desire to be healed of this soule damning disease , let us have recourse to the lord jesus christ ; and never leave meditating of his breakings kings and woundings for us , till we finde vertue comming out of christ , to break our hearts . let us pray to the great heart-maker , that hee would be the heart-breaker . so much for the duty of humiliation . the second duty wherein wee must expresse our turning to god is reformation . humiliation is not sufficient without reformation . it is not enough to be broken for sinne , but we must also be broken from sinne . as a bird cannot flie with one wing , nor a man walke with one leg ; no more can we get to heaven by humiliation , without reformation . both of them conjoyned , are the legs and wings by which we walk and flie to heaven , and therefore let me most earnestly exhort you to repent from sin , as well as for sin . the crown we fight for this day , the garland we run for , the marke we aime at , is mercy ; this is our joynt suit , that god would shew mercy to england and ireland . now the way to obtaine mercy is clearly expressed , prov. . he that confesseth and forsaketh his sins , shall have mercy . this god cals for from heaven ; this all the faithfull ministers in the city preach for this day , reformation , reformation , reformation . as master bradford at the stake cried out , so do i at this time , repent , o england , repent , repent . there is a three-fold fast , a fast from meat , from mirth , and from sinne . the two first will not suffice without the last . a beast may fast from meat . the divels fast , saith ambrose . the old world ( as some thinke ) did never eate flesh , and yet they were all drowned . though we could fast till we were perfect anatomists ; though we could pray and kneele , till our knees were as hard as camels knees ( as it is reported of iames the brother of christ ) yet all were to no purpose , without this turning from sin . this is jejunium magnum , as austin saith . this is jejunium totius anni , jejunium omnium partium . this is the great and the everlasting fast , to fast from sin by reformation . now this reformation , it must have two properties , vvhich are both of them mentioned in the text . . it must be personall , . it must be nationall . it must be personall ; for so saith the text ; if that nation against vvhom i have pronounced , turn from their evill , a malitia sua . every man hath some sinne vvhich is his peccatum in delicijs , his dilectum delictum , his beloved sin , the sin of his constitution . let us turne from that sin , vvhatsoever it is ; and if vve know not vvhat that sin is , let us turne from every sinne , and so vve shall be sure to turne from that sin . this the king of niniveh commanded that every one of his subjects should cry mightily unto god ; and not onely so , but every one to turne from his evill way , and from the violence that is in their hands . thus must we ; vve must be able to say vvith david , i have kept my selfe from my sin . we live in times wherein there vvas never more turning . some turne like the dogge to the vomit , and like the sow to the wallowing in the myre : some turne atheists , some papists , some socinians , some arminians . some turne like the weather-cock , which way the winde bloweth ; which way soever preferment goes , that way they turne : many turn neurers : many turne from christs side , to be of antichrists side ; many turne cold and icy for god and his church : some are like unto the chamelion , that will change it selfe into any colour but white . so many will turne to be any thing but good . if times turne ill , they will be naught ; but if times turne good , they will not be good . but i beseech you , let all us here present before the lord this day , turn sincerely unto the lord our god from all iniquity . let us strip our selves stark naked , of all the rags of the old adam . repent of your pride ; dust and ashes doth better become you . repent of your gluttony and drunkennesse , let weeping be your drinke , and fasting your meate . repent of your swearing . condemne your selves out of your owne mouths , that god may justifie you . repent of your covetousnesse : if ever you expect to gaine heaven , looke not after the earth so much . repent of your adultery , that god may marry you unto himselfe , and least you be married to eternall flames . repent of your security , that you may live securely . no way to escape damnation , but by repentance ; and no man that ever repented aright , but did escape damnation . oh that this day might be the conversion of some sinner , that they may be able to say , from such a fasting day , i began to turn unto god! oh that this fasting-day might be a festivall-day to the angels in heaven ; who rejoyce at the conversion of a sinner ! oh that some zacheus would make restitution this day ! that some prodigall childe would return to his heavenly father ! god almighty exceedingly delights to shew mercy to a penitent sinner . as a husband-man delights much in that ground , that after long unfruitfulnesse proves fruitfull , and calls his friends and neighbours , to behold that ground : as a captain loves that souldier , that once fled away cowardly , and afterwards returns and fights valiantly ; even so god is wonderfully inamoured with a sinner , that having once made shipwrack of a good conscience ; yet at last returns and swims to heaven upon the plank of faith and repentance . this is a notable provocation to all wretched hard-hearted sinners to turn unto god by true repentance . god is so farre from refusing you , that he rejoyceth in your conversion , and is more ready to receive you , then you are to come . and i may safely adde , that in some sense god delights more in a penitent prodigall , then in one of his righteous children . as the good shepheard rejoyced more in his lost sheep , then in his . sheep ; and the good woman in her lost groat ; and the good father in his lost sonne , more then in the sonne that went not astray . it is true , that innocency of life is better , simply and absolutely considered , than repentance : and it is more to be desired to live without sin , than to have grace to repent after sin . as a whole garment is better than a rent garment , and yet a rent garment may be so handsomely pieced together , that there shall be little difference between that and a whole garment . a penitent sinner , that feelingly apprehends the great mercy of god in pardoning so great a sinner as he was ; the sense of this distinguishing love of god towards him , raiseth up his heart to a higher pitch of zeal , and enables him to draw neer to god with more affection , and fervently to be more tender of sin , and to do , and suffer more for god many times , than those that are more righteous than he is . as suppose , two men at sea , the one comes safely to shore without danger , the other escapes to shore not without great hazard and perill of life : he that comes without hazard hath more cause simply to be thankfull ; yet ordinarily , he that had the greater danger , out of sense of his danger , will return more praise than the other . saint paul laboured more than all the other apostles , because he was a greater sinner than all the other apostles , and had obtained greater mercy . therefore mary magdalen loved much , because much was forgiven her we never reade that the blessed virgin ever came to wash the feet of christ with her tears . but mary magdalen , a great sinner she did it , and she comes first to the sepulcher , and afterwards ( as some report ) she spent . yeers in gallia narbonensi in weeping for her sins . gregory brings the example of david , who after he had obtained pardon for murdering vriah , and committing adultery with bathsheba , fell a longing after the water of bethlehem . but when the water was brought , he poured it forth before the lord , and would not drink of it , because it hazarded the lives of his men . observe how tender of sin david was after his repentance . he that before had spilt innocent blood , is now troubled in conscience , for putting the lives of his men in jeopardy : he that before longed for another mans wife , doth now repent , for desiring another mans water . bernard brings the example of peter , who before his denyall , considently told christ , though all forsook him , yet he would not ; yet afterwards , when he had repented of his denying of christ , he was so tender , that when christ purposedly asked him three times , lovest thou me more than these ? he answers not comparatively , as before , but positively ; onely lord thou knowest i love thee . and this is another provocation to exhort all sinners to lay hold upon this holy anchor , this wrath-charming repentance . come all ye prodigall children , all ye lost sheep that have gone astray : behold your heavenly father is not onely ready , but joyfull to receive you ; and if rightly understood , more joyfull , than in his faithfull children . was there ever mercy like to this ! oh that we had hearts to embrace it ! and the greater any man is in estate , and parts , the more honour god shall have , if such a man will turn to god this day . great men are the looking-glasse of the countrey where they live , according to which , most men dresse themselves : if they be wicked , the whole countrey is much the worser by them . the vices of rulers are rules of vices , quicquid faciunt praecipere videntur . if the head be giddy , the members reel , if the liver be tainted , the body is dropsie . ieroboam made all israel to sin . but when great men prove good men , it is not to be expressed , what good they do . when crispus the chief ruler of the synagogue , beleeved on the lord , many of the corinthians hearing , beleeved also . when the master of the family was converted , his whole family were also baptized . the lord make all great men , good men and good men ( of parts and abilities ) great men . as this reformation must be personall , so also it must be nationall . for so saith the text , if that nation against which , &c. a particular man by turning unto god , may turn away a particular judgement . but when the sins of a nation are generall , and the judgements upon a nation generall , the turning must be generall . if the sea hath broken the banks , and overflown the countrey , it is not the care of one or two men , by repairing their banks , that can prevent the inundation . even so when god is overflowing a land with a generall destruction , there must be a generall endeavour to make up the whole breach . there must be a court-reformation , a countrey-reformation , a city-reformation , church and state-reformation , a generall-reformation . but how shall we do to obtain this generall reformation ? two wayes . if you that are the representative body of this nation , as you stand under this relation , be reformed , the nation it self may be said to be reformed . for you are the nation representatively , virtually , and eminently ; you stand in the place of the whole nation ; and if you stand for gods cause , the whole nation doth it in you . oh let it not be said , that the reformers of others need reformation themselves ! if the eye be dark , how great is that darknesse , &c. if the salt that seasoneth other things , be unsavoury , wherewithall shall it be seasoned ? this is the first way . the second way to reform a nation , is when you that are the representative body of the nation do , as much as in you lyeth , to reform the nation you represent . this is a duty that god requires and expects from your hands . it was the complaint of nehemiah , that the nobles of tekoah did not put their necks to the yoak of the lord , this was a great blemish to them . let not , i beseech you , the like brand of infamy be cast upon any of you . it cannot be denied but that this nation needs reformation , not onely in reference to the common-wealth , but also to the church . the prophet in the ninth verse , compares a nation to a house that needs building , and to an orchard that needs planting . and sure it is , that the house of this nation is much out of repair : the house of the lord lieth waste , and there is much rubbish in it . many pollutions have crept into our doctrine , much defilement into our worship , many illegall innovations have been obtruded upon us ; the very posts and pillars of this house , many of them are rotten , the stones are loose and uncemented ; the house exceedingly divided and distracted with diversity of opinions ; the very foundation is ready to shake , and the house to fall down about our ears . the garden of this nation is over grown with weeds ; and there are many not onely unprofitable , but hurtfull trees planted in this garden . now this is the great work that the lord requireth at your hands , oh ye worthies of israel ! to stub up all these unprofitable trees , and to repair the breaches of gods house , to build it up in its beauty , according to the pattern in the mount , and to bring us back not onely to our first reformation in king edwards dayes , but to reform the reformation it self . for we were then newly crept out of popery , and ( like unto men that come newly out of prison , where they have been long detained ) it was impossible but our garments should smell a little of the dungeon from whence we came . it is said of lazarus , that when he came first out of the grave , he came forth bound hand and foot with grave-clothes , and his face was bound about with a napkin . so it was with us in our first reformation : it was a most blessed and glorious work , like the resurrection from the grave : but yet notwithstanding we came out of this grave bound hands and feet with our grave clothes , and eyes-blinding napkins ; we brought many things out with us which should have been left behinde . our saviour christ rose from the dead , and left all his linnen clothes behinde him . so must we bury all superstitious ceremonies in the grave of oblivion , and perfect a reformation according to the word of god . and as our saviour christ , in the place forementioned , commanded his disciples to unbinde lazarus , and to take away his grave-clothes . oh that you also would command the apostles of christ , the faithfull and learned ministers of this kingdome to meet in a free nationall synod , for to inform you about the taking away of these grave clothes , and eiesblinding napkins , or whatsoever else shall appear to be prejudiciall to the piety and purity of of gods worship . but then i do most earnestly beseech you to take heed that those whom you call to this synod , be not like unto the cardinalls and prelates who met at rome , to consult about reformation of the church , of whom luther speaks . that they were like unto foxes that came to sweep a house full of dust with their tails , and instead of sweeping out the dust , they swept it all about the house , and made a great smoke for the while , but when they were gone , the dust fell all down again . i doubt not but if this motion ( which i offer in all humility ) succeed , your wisedoms will be carefull to make such qualifications both of the persons that are to chuse , and to be chosen , that no minister lyable to any just exception , shall have a voice in this synod , for fear lest our greatest remedy prove to be our greatest ruine . but this by the way . oh that the lord would make me an instrument this day to encourage you to go on in the work of reformation . for sions sake i will not hold my peace , and for ierusalems sake i will not rest , untill the righteousnesse thereof go forth as brightnesse , and the salvation thereof as a lamp that burneth . arise , arise , have mercy upon sion , for the time to favour her , yea , the set time is come : let it pitty you to see sion in the dust . let this be the product of this solemn fast to quicken you to a nationall reformation . when moses had been conversing with god , his face shone when he came down . you are now conversing with god in the mount ; oh that your lives might shine forth in holines , after this day : and that it may be with you as it was with hezekiah , when he and all his people kept the passeover together ; the first thing they did before the killing of the passeover was , the taking away all the altars that were at ierusalem , and casting them into the brook kidron . and when the passeover was finished , all israel that were present , went out to the cities of iudah , and brake the images in peeces , and cut down the groves , and threw down the high places , and the altars out of all iudah , and benjamin , in ephraim also , and manasseh , untill they had utterly destroyed them all . i speak not of any tumultuous , disorderly , illegall way , but of an orderly and legall reformation : which i desire ( like this of hezekiah ) may be the issue of this day . the motives are many . . if you build gods house , god will build houses for you , as he did for the hebrew midwives , he will blesse and prosper you . remember what the prophet haggai saith . is it time for you , o yee , to dwell in your ceiled houses , and this house lye waste ? now therefore , thus saith the lord ; consider your wayes , yee have sown much , and bring in little , yee eat , but ye have not enough , ye cloath you , but there is none warm ; and he that earneth wages , earneth wages to put it into a bag with holes . thus saith the lord , consider your wayes , go up to the mountain , and bring wood and build the house , and i will take pleasure in it , and i will be glorified , saith the lord , &c. read also , verse , , . . consider what mordecai said unto esther . think not with thy self that thou shalt escape in the kings house , more then all the iews , for if thou altogether holdest thy peace at this time , then shall there enlargement , and deliverance arise to the iews from another place ; but thou and thy fathers house shall be destroyed . and who knoweth whether thou art come to the kingdom , for such a time as this ? as ierome said concerning the day of judgement . that whether he did eat , or drink , or whatsoever he did , he did alwayes hear the voice of the arch-angel , arise yee dead , and come to judgement . so doe i desire that you would at all times , and in all places , remember and consider this soul-awakening speech of mordecai and esther . . consider the famous examples of ezra , nehemiah , and zerubbabel , what care and pains they took for the rebuilding , not only of the walls , but also of the temple of ierusalem . it is not enough to set the state in tune , but you must remember to repair the temple also . be not afraid of tobiah , sanballat , or of any other enemy . who art thou o great mountain ? before zerubbabel thou shalt become a plain . a parliament-man must be like athanasius , who was magnes & adamas . a loadstone , and an adamant . a loadstone by his affable carriage , and courteous behaviour , drawing all men to the love of him . but in the cause of god he was as an adamant , untameable and unconquerable . . if we reform and turn , god will turn ; if we turn from the evill of our sins god will turn from the evill of his judgements . tertullian speaks of himself , that he was born to nothing else but to repentance . an excellent saying for every one to lay to heart . the first text that ever iohn baptist preached on , was repentance . the first that ever christ preached on , was repentance . and the first thing that christ commanded his apostles to preach , was repentance . god himself hath consecrated repentance , by his own example , saith tertullian , dedicavit poenitentiam in semetipso . he repenteth to teach us to repent . this is that which god not only commands , and entreateth , but sweareth that he would have us to do . happy we for whose sake god swears , but most unhappy if we beleeve not god when he swears , and if we live not as we beleeve . will a nationall reformation certainly divert gods judgements from a nation ? did not iosiah reform , and yet it is expressely said , that notwithstanding this reformation , yet the lord turned not from the fiercenesse of his great wrath , wherewith his anger was kindled against iudah , because of all the provocations that manasses had provoked him withall . . a nationall reformation will certainly deliver us from everlasting misery . . it is gods ordinary way for the removeall of temporall judgements . there is no instance fully against it , but this of iosiah : but to this it may be replyed , that iosiahs reformation in reference to the multitude , was hypocriticall ; and therefore it did only prorogue and adjourn ; but not totally remove gods wrath . that it was so in regard of the people , appears , ierem. . . and yet for all this , her treacherous sister judah hath not turned unto me with her whole heart , but fainedly , saith the lord . a sincere nationall turning will certainly divert nationall judgements , and procure nationall blessings . if we will not turn , reform , and repent of our sins , god will repent with a new kinde of repentance , he will not repent of the evill , but repent that he hath repented of the evill ; he will repent of the good wherewith he said he would benefit us . and this leads me to the fourth doctrinall conclusion . doctrine . that when god begins to build and plant a nation ; if that nation do evill in gods sight , god will unbuild , pluck up , and repent of the good he intended to do unto it . this is a point of great concernment , expressely set down in the tenth verse . it is certain that god hath begun to build and plant this nation , and he hath made you his instruments ( right honourable ) in this great work . we reade , zechary . . of four horns , which scattered iudah and ierusalem . by these four horns , are meant all the enemies of gods people , that are alwayes pushing at them , and goring of them . and verse , we reade of four carpenters whom god raised up to fray away these horns . such carpenters have you been unto us : you have knockt off all those horns wherewith the fat buls of bashan pushed at us : you have endeavoured to under-prop the house of this kingdom , and to keep it from falling : you have stubb'd up many unprofitable trees , and taken away ( at least , in your endeavours ) many rotten posts : you have removed a great deal of rubbidge : you have been our ebedmelech's , to release our ieremies out of the dungeon . indeed you have done marvellous things , blessed be the name of the lord ! and we have cause to be enlarged in much thankfulnesse , though you never have opportunity to do more for us . ezra blessed god that had given them a little reviving in their bondage . a man that hath been for many yeers in a dark dungeon , will rejoyce exceedingly for a little crevise of light , though never so little . we have been in the dungeon of despair , and we blesse god for the little crevise of light let in by your means . we have lien among the pots ( inter ollas fuliginosas ) sullied with filth ; and there is a crevise of hope ( in the valley of achor ) that we shall be as the wings of a dove , covered with silver , and her feathers with yellow gold . and though this childe of hope be but yet an embrio ; we will not despise the day of little things . when ezra had laid the foundation of the temple , there was great joy and rejoycing . we doubt not but there is a foundation laid of better times , and such a foundation which shall never be taken away . the lord recompence all the pains you have taken , upon you and yours . and yet let me adde one word as a parenthesis ; that nehemiah after all his good services he had done for the church , sub-joyns these words . remember me , o my god , concerning this , and spare me ; he begs pardon for his noble work of reformation . blessed be god here is hope of a faire building , and of a most beautifull paradise , if things succeed as they have begun . but now marke the doctrine . when god begins to build , and plant , if that nation do evill , god will un-build what he hath built , pluck up what he hath planted , he will repent of the good , &c. for you must know , that god repents as well of his mercies , as of his judgements . when god had made saul king , and he proved stubborne and disobedient , god repented that ever he made him king . when god saw that the wickednesse of the old world was great upon earth , he was grieved at the very heart , and repented that ever he made man . when david was bringing home the arke with great pompe , because it was not brought home in due order ; and because of vzzah's sin , god repented of what he was doing , and the arke stayed in the middle way . when the people of israel were come out of egypt , and very neere canaan ; because they brought an evill report upon the land of canaan , and murmured , the lord repents of what he had done , and carries them backe againe forty years journey through the vast howling wildernesse . reason . . because gods covenant with a nation is conditionall . it is quamdiu se benè gesserit . if that nation obey my voice , then wil i build it and plant it : but if it disobey my voice , then will i pluck it up , pull it down , and destroy it . the lord is with you , while ye be with him : and if ye seek him , he will be found of you : but if you forsake him , he will forsake you . if you do wickedly , you shall perish , both you and your king . . because that sinne is so pernicious to a that where sinne rules , there god and his mercy will not abide . sinne takes away the favour of god , by which all nations subsist . and if gods favour be gone , all is gone . sinne dissolves the very joynts and sinews of a nation ; religion maintains and upholds kingdoms . the trojans had their palladium ; as long as that was safe , they were safe . the romans had their ancile ; as long as that was kept , they were secure . the israelites had their ark ; as long as that was sure , there was a defense upon mount zion . pure and undefiled religion , is the palladium , the ancile , the ark , to preserve kingdoms . but sinne betrayeth religion into the hands of superstition and idolatry . sinne is a serpent in the bosome , a thief in the house , poyson at the stomack , a sword at the very heart of a nation . if the serpent be in the bosome , it will bite ; if a thief in the house , he will steal ; if poyson in the stomack , it will pain us ; if a sword at the heart , it will kill us . use . hence we may learn what the reason is of the great delay in the reformation of the church ; why the childe of reformation sticks in the birth ; why the hand of mercy begins to be pulled in ; and why many observers of the times begin to fear that this is not , as yet , the appointed time wherein god will have mercy upon sion . i am very confident , that the fault is not in you to whom i speak ; but it is laid down , chron. . . howbeit the high places were not taken away , for as yet the people had not prepared their hearts unto the god of their fathers . the people of the land would not bear a thorow reformation . i deny not but that the land in which we live is a land of uprightnesse . as many amongst us truely religious , as in any place in the world , of the like bignesse . but yet the bulk of our people are wicked , and their hearts are not as yet prepared to the yoke of the lord . oderunt vincula pietatis . they are unreformed themselves ; and it is no wonder they are so opposite to a thorow reformation . it may be said of many amongst us , as ieremy did once say of his people , the prophets prophesie falsly , and the priests bear rule by their means , and my people love to have it so ; and what will ye do in the end thereof ? now it is this sin of the land that weakens your hands , and divides you sometimes one from another , and keeps you from perfecting this great work of reformation . and i conceive no way better to remedy this , than by sending a faithfull and painfull ministery thorowout the kingdom . for if you will be pleased to observe , you will finde that those places which are rud'st and most ignorant , most irregular ; and where the least preaching hath been , are the greatest enemies to reformation . this is a work worth , of serious consideration . the lord stir up your hearts to consider it , and open your eyes also , clearly to perceive that there are more with you , then against you ; and that when god reformes a nation , he doth not finde us prepared , but he makes us prepared . when god sheweth mercy to a nation , there goeth power with the mercy to heal the nation , ezek. . , , , , . if when a nation doth evill in gods sight , god will repent of the good he intended , &c. let us repent of our evils committed against god , that he may not repent of the good he intends to do unto us . chuse which you will , if we repent , god will repent of the evill , &c. if we repent not , god will repent of the good , &c. and suffer me to tell you . that when god begins to draw back his mercies from a nation , that nation is in a wofull plight , god repented that he made the old world ; and what followed ? the next news you hear , is , they were all drowned . he repented that he had made saul king , and the next news we hear , is , that he was rejected from being king . he repented that he had brought the israelites out of egypt ; and thereupon he carries them back again , and swears that not one of them should enter into canaan , but that all their carkases should perish in the wildernesse . it is god only that can build and plant a nation . he is the only architect that can build our waste places , and make up our dilapidations , though never so great ; he is the only gardner to pluck up our weeds , and to plant usefull and fruitfull trees in the orchard of this nation . and if he please he can do it , and that in an instant with a word speaking . for so it is in the text , at what instant i speak concerning a nation to build , and to plant it ; though the house of the kingdom be never so much out of repair , god can in an instant build us , and plant us , and make us better then ever . but if god begin to repent of what he hath done , woe to the nation , for except the lord build the house , they labour in vain that build it , in vain to rise up early , and to sit up late , &c. god will unravell all , and though he hath brought us neer canaan , he will carry us back again , and make us to tarry forty yeers for a reformation , or it may be he will at last carry us back again to egypt , which was the last and greatest curse , threatned against the people of israel , and it is the greatest misery that can come upon this nation . but on the contrary , if we turn from our evill wayes , god will perfect his building , and finish his plantation , he will make us a glorious paradise , an habitation fit for himself to dwell in ; he will set up his ordinances after a purer manner , and watch over us for good from the beginning of the yeer to the end of it . oh that these words of mine might be as goads , and as nails to fasten this point upon your hearts , that it may take deep impression , and abide for ever upon your spirits . it may be some will say , that this doctrine is as common as the high-way : it is true , it is a common high way , but it is the high way to heaven . and though it be not a doctrine to glut your ears , yet it is savoury meat , such as iacob provided for esau , whereby he obtained the blessing . turn or burn for ever in hell . let every man labour first to turn himself , and then let us endeavour to reform one another . there is a great complaint in the kingdom . the ministers complain of their people , that they are factious , seditious , covetous , dis-respectfull of the ministery , &c. and that because they do not reform ; therefore the judgements of god are not turned away from us . the people complain of their ministers , that they are dumb dogs , greedy dogs , which can never have enough , and that they are superstitious , more for pomp then substance ; and that untill the scandalous ministers be removed , gods heavy hand will never be removed from us . the rich complain of the poor , that they are lazy , and theevish , the poor of the rich , that they are proud and hard-hearted . the superiours cry out against their inferiours , and the inferiours against the superiours . and because every man expects when his neighbour should turn , hence it cometh to passe that no man in particular turns . we look for that in another , which we forget to do in our selves . i know no way to reconcile this division , but by raising a new division , and by perswading all sorts of people to strive , who should be the first in turning to god , who should first get into christ , who should first get into the ark . every man strives for worldly precedency . oh let us strive for this spirituall precedency ! it is no pride in this to go one before another . he is the humblest that goeth first . and being reformed in our own persons , let us in the next place labour to reform one another . we are all of one nation , of one body , one flesh , one church . there is a nationall communion , a morall communion , a politicall communion , a spirituall communion amongst us . i may adde , there is a communion in misery . we are all in the same condemnation . let us labour to pitty one another , and to turn one another . let every man search what drunkard , what swearer , what adulterer , &c. he hath in his house , and either cause the sin to depart from the person , or both sin and person from his house . first reforme your own families , and then you will be the fitter to reforme the family of god . let the master reforme his servant , the father his childe , the husband his wife . will a man keepe a servant in his house all night , if he were assured he would murther him before morning ? such a servant is sinne , it will murther soul and bodie . let us cast it away from our selves , and from our families . there is one motive more , and that is from the ayd you are sending to ireland , to distressed ireland , that at this instant calls to england with aloud cry for help and assistance . i doubt not , but you are sensible that delay is as bad as deniall almost . i shall offer only one text to be considered on when you send forth your help , and that is deut. . . when the host goeth forth against their enemies , then keep thee from every wicked thing . if sin be in the host , it will make you turn your backs upon your enemies ; turn to god , and he will make your enemies turn their backs upon you . but it is not in my power to turn , unlesse i were praedestinated ? i answer with master bradford , that we must first go to the grammar-schoole of repentance , before we can be admitted to the university of praedestination . it is not a dispute about praedestination that will turn away gods wrath , but it is the practise of humiliation and reformation . it is most certain , that god is not the cause of any mans damnation . he found us sinners in adam , but made none sinners . thy perdition is of thy selfe , oh israel ! and it is as certain , that it is not in the power of man by nature to convert himselfe . and that therefore god commands what we cannot perform , that we might therby take notice what we should do , and what we once could do in adam , and where we should go to get power to do that which we cannot do of our selves . go to the word , that hath a creating power . god oftentimes in speaking gives power . go to prayer , for converting grace . pray with austine , lord give me what thou commandest , and command what thou wilt . it is an excellent rule observed by the same author . that there is nothing required of us from god as a duty in scripture , but it is either promised by god as a gift , or some of gods saints have prayed for it as a gift . as for example . god commands us to turn unto him , but ieremy prayes for it ; turn us , oh lord , and we shall be turned . and god promiseth it , deut. . . ezek. . . let us therefore be sensible of our inability to keepe the commandement of the text ; and let us beleeve in his promise , to give us power to keepe it , and pray for the performance of his promise . finis . notes, typically marginal, from the original text notes for div a e- mallem obedire quam miracula facere . luther . chron. . . prov. . ezra . . notes for div a e- verse . verse . verse . verse . ver. . doct. . verse . verse . verse . dan. . , . reas. . ro. . . a eodem die fuistis omnium miserrimi & omnium beatissimi . nox una non tantum vos a morte in vitam traduxit , sed ex abysso profundissima evexit supra omnem terrenam faelicitatem , ac si in nubibios equitaretis . vse . isa. . . iere. . , . iere. . . isa. . , . text. isa. reve . , . psal. . cor. . . vse . vse . athanas. in vita antonij . doct. . reas. . isa. . . reas. . cant. . . reas. . vse . in vita . agrip. lib. de bell. gal. tertul. apolog. motives bernard . bernard . sermon de triplici miseric. bernard . sermon . de triplici miseric. & quatuor miserat . doct. . deus vult mutationē sed nunquam mutat voluntatem , aquinas . deus aliquando mutat sententiam , sed nunquam mutat decretum , greg. {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , naz. tertul. de paenit . paenitentia radens & verrens peccata , ibid. use of exhortation unto two duties . to humiliation . seven buckets to draw out the water of tears . job . ps. . . eph. . am. . . ezek. . . six reasons to move us to great sorrow for little sins . buck. . ps. . aust. epist . heb. . . vrsin's preface to his catechisme . . . luk . , . iustin. a fifth help to humiliation . a sixth bucket . ps . . plutarc . in vita . alexand. gen. . , . neh. . , . proemium cōmentar . in ezek. sa. . . mat. . . jud , . . . in vita ejus apud surium . the second duty is reformation . this reformation must be , personal . jona . . . ps. . . luke . sam. . , . quo grandius nomen ca grandius scandalum . act. . . it must be nationall . quest . answ. nehe. , . ioh. . . ioh. . . ioh. . sleidan convent . isai. . . chron. . , . chron , . . motives to a reformation . ex. . . hagg. . , , , , , . esth. . , , . zach. . tect . de poenitent . matth. . ● . mat. . . luk. . . tertul. de poenit . ezek. . tertull quest . king. . . answ. . doct. . ezra . psa. . . zac. . . ezra . . nehe. . . gene. . sam. . reason . chron. . sam. . . vse . ef. . ier. . . vse . psa. : . deut. . object . answ. his maiesties royall declaration and protestation to all his loving subjects in england being a full satisfaction to all the whole world against all aspersions which have lately been cast upon his majesty, that he is popishly affected, to the great dishonour of his majesty and the withdrawing his loving subjects from him : together with his gracious resolution for the maintenance of the true protestant religion the laws and liberties of the subject with the just priviledges of parliament. charles i, king of england, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing c ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing c estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) his maiesties royall declaration and protestation to all his loving subjects in england being a full satisfaction to all the whole world against all aspersions which have lately been cast upon his majesty, that he is popishly affected, to the great dishonour of his majesty and the withdrawing his loving subjects from him : together with his gracious resolution for the maintenance of the true protestant religion the laws and liberties of the subject with the just priviledges of parliament. charles i, king of england, - . [ ] p. printed by leonard litchfield, oxford : [ ?] reproduction of original in the cambridge university library. eng great britain -- politics and government -- - . great britain -- history -- civil war, - . a r (wing c ). civilwar no his maiesties royall declaration and protestation, to all his loving subjects in england. being a full satisfaction to all the whole world, england and wales. sovereign c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - john latta sampled and proofread - john latta text and markup reviewed and edited - pfs batch review (qc) and xml conversion his maiesties royall declaration and protest●tion , to all his loving subjects in england . being a full satisfaction to all the whole world , against all aspersions which have lately been cast upon his majesty , that he is popishly affected , to the great dishonour of his majesty , and the withdrawing his loving subjects from him . together , with his gracious resolution for the maintenance of the true protestant religion , the laws and liberties of the subject , with the just priviledges of parliament . published by his majesties speciall command . oxford , printed by leonard lichfield , printer to the famous university . his majestyes royall declaration , and protestation to all his loving subjects in england . it is a wonder that we so just , so pious , and mercicifull in our words and intentions should not be believed in all our declarations and protestations : certainly it is impiety to be so full of infidelity towards the words of a king , some whereof we have here drawne out of our own severall writings , that all the world may see our faire expressions , of our self and the just end of all our actions , and how unjustly both have been interpreted . first concerning our being affected to popery , we protest in the word of a king , and call the searcher of all hearts to record , that we intend not the alteration of the true professed and established protestant religion , the lawes of the kingdome , the know●e libertie of the subject , the right and just priviledges of parliament . of the lawes his majesty saith thus : a new power hath been assumed to interpret and declare lawes without us , by extemporary votes , tending to a pure arbitrary power : ordinances , and orders were pressed upon the people as lawes , and their obedience required to them . his majesty saith further , we doe beleeve , and accordingly professe to all the world , that the malignity of this designe ( as dangerous to the lawes of this kingdome , the power of the same , and the liberties of all our good subjects , as to our self , and our just prerogative ) hath proceeded from the subtill informations and evill counsells of ambitious turbulent spirits , disaffected to gods true religion , and the unity of the professours thereof , our honour and safety , and the publick peace and prosperity of our people . his majesty addeth further : but how fautly soever others are , we shall ( with gods assistance ) endeavour to discharge our duty in the uprightnesse of heart . the king goes on further in declaring his own candor and uprightnesse , together with affronts offered unto him , saying thus they endeavour to turn this government into a new eutopia of religion , and therefore we are resolved to change none of our trusty officers , till they appear to have behaved themselves otherwise then they ought to have done , and bee evicted by legall proceedings to have done so . we were ever willing that our parliament should debate , resolve , and transact such matters as are now proper for them , and we heartily wish that the course of law be no wayes diverted , much lesse disturbed . moreover we call god to witnesse that as for our subjects sakes all rights are vested in us , so for their sakes as well as for our own , we are resolved not to quit them , nor to subvert ( though in a parliamentary way ) the ancient , just constitution of the government of this kingdome , nor to make our self of a king of england , a duke of venice , and this of a kingdome , a republick . besides the kings majesty saith further , nolumus leges angliae mutari , we promise that we will be as carefull of preserving the lawes in what doth concern our subjects , as in what most concerns our self , for we professe to believe that the preservation of every law concerns us . we have by many of our messages to you by our voluntary promise to you , so solemnly made never to pardon any popish priest by our strict proclamation which lately published in this point , sufficiently expressed our zeal herein . we wil also with constancy maintain ( while we live ) the protestant religion in its purity and glory , not onely against all invasions of popery , but also from the irreverence of schismaticks , and separatists , wherewith this kingdome of late , and our city of london abounds , to the great dishonour and hazzard , both of church and state . to conclude , we conjure you , and all men to rest satisfied with the truth of our professions and the reality of our intentions . and then we shall receive much more in the hope of a full & constant happines of our people in the true religion , and under the protection of the same by a blessed union between us and our parliament , & so much desired by us , then in any increase of our own revenue , which beyond former grants of our subjects when most wealthy , could by our parliament be settled upon us . thus we in all our protestations and messages desire the good of the kingdome , before our own private interest . his majesty saith further , we professe before and declare to all the world , that we alwayes have and did abhorre all such designes , but that all our endeavous ( according to our many professions ) did and shall ever tend to the firm and constant settlement of the true protestant religion , the just priviledges of parliament , the liberty of the subject , the lawes , peace and prosperity of this kingdome . in a letter from his majesty to both houses of parliament , the conclusion you may reade thus . if all these present distractions ( which so apparently threaten the ruine of this kingdome ) do not ( by the blessing of almighty god ) end in a happy and blessed accommodation , his majesty will then be ready to call heaven and earth , god and man to witnesse , that it hath not failed on his part . i am confident that you expect not i should give a speedy answer to this strange and unexpected declaration , that in the distraction of this kingdome , you should think this way of addresse more convenient , then that proposed by my message the of january last to both houses : as concerning the grounds of your feares and jealousies , i will take time to answer particularly , and doubt not but i shall do it to the satisfaction of the whole world . god in his good time will discover the secrets and bottomes of all plots and treasons ; and then i shall stand right in the eyes of my people . god so deale with me and mine , as all my thoughts and intentions are upright , for the maintenance of the true protestant profession , and for the observation , and preservation of the lawes of this land , and i hope god will blesse and assist those lawes for my preservation . when we duly weigh the dishonour which will perpetually lie upon this kingdome , if full and speedy relief be not dispatched , we could not , nor cannot think of a better way to discharge our duty to almighty god , for the defence of the true protestant profession , or to manifest our affection to our three kingdomes , then by ingaging our person in this expedition , as many of our royall progenitours have done even in forraigne parts , upon causes of lesse importance and piety , with great honour to themselves , and advantage to this kingdome . for the danger of our person , we conceive it necessary and worthy of a king , to adventure his life to preserve his kingdome , neither can it be imagined , that we will fit still , and suffer our kingdome to be lost , and our good protestant subjects to be massacred , without exposing our person to the utmost hazzard for their reliefe and preservation . god , in his good time , we hope , will so informe the hearts of all our good subjects , that we shall recover from the mischiefe and danger of this distemper , on whose good pleasure we will wait with patience and humility . for the bringing up of the army to london , as we have heretofore ( by no other direction then the testimony of a good conscience ) called god to witnesse we never had or knew of any such resolution ; so upon the view of the depositions now published with that declaration , it is not evident to us , there was ever such a designe , unlesse very loose discourse or argument be instance enough of such a designe . and if no better effects then losse of time , and hindrance of the publike affaires have beene found by our answers and replies , let all good men judge , by whose default , and whose want of duty such effects have beene . and we call almighty god to witnesse , all our complaints and jealousies , which have never been causelesse , nor of our houses of parliament , but of some few schismaticall , factious , and ambitious spirits : our deniall of the militia , our absenting our selfe from london , have beene the effects of an upright and faithfull affection to our english subjects , that we may be able , through all the inconveniences we are compelled to wrastle with , at last to restore their religion , lawes , and liberties unto them . wee desire our actions may no longer prosper , or have a blessing from god upon them and us , then they shall be directed to the glory of god in the maintenance of the true protestant profession , to the preservation of the property and liberty of the subjects in the observation of the lawes , and the maintenance of the rights and freedome of parliament , in the allowance and protection of all their just priviledges . we would have you to be assured , that we never intended the least neglect unto you in any former summons of the county , our love , as well as our protection , extending to all our subjects ; but as you are a great body , time and conveniency must be observed in your assembling . that you may know the generall reasons of our being here , you must understand , that when we found it neither safe nor honourabl● to expose our person to the tumultuous and licentious proceedings of many ( which to this day are unpunished ) who did disorderly approach neere our court at white-hall , wee trusted this part of our dominions chiefly to reside in , where , as most of the gentry already have , so wee assure our selfe , the rest of you will give us cleere testimony of your service and obedience , which we will never use otherwise then for the defence of our orthodox religion , professed and setled in queene elizabeths time , and confirmed by the authority of the statutes of this realme , the defence of the lawes and fundamentall constitutions of the kingdome ( as the justest measure and rule for our prerogative , your liberties and rights ) and lastly , for the preservation of the peace of this kingdome . as for our owne zeale to the protestant profession , we refer all the world to our daily exercise of , and our declarations concerning it , and execution of the laws against the papists , so likewise we cannot but declare our selfe most heartily sorry to finde such separatists and schismaticks , who presume against law , to foment new doctrines and disciplines , to the disturbance of church and state . for the law , it being the common inheritance of our people , we shall never inforce any prerogative of ours beyond it , but submit our selfe to it , and give you and all our subjects the fullest latitude of it , both for the liberty of your persons , and the propriety of your estates , and for an inviolable confidence and assurance hereof , as we take god ( the searcher of all hearts ) to witnesse our reall intention herein , so we shall no longer desire you to stand for the defence of our person , honour , and just prerogatives , then we shall maintaine the lawes of the land , the liberty of your persons , and propriety of your goods . for the resort of papists to the court , his majesties great care for the prevention thereof , is notoriously knowne , that when he was informed two or three of his guard were of that religion , he gave speciall direction , with expressions of his displeasure , that they should bee immediately discharged , and provided , that no person should attend on him under that relation , but such as tooke the oath of allegiance and supremacie . there having been many rumours spread , and informations given , which may have induced many to believe , that we intend to make war ●gainst our parliament . we professe before god , and declare to all the world , that we alwaies have and doe abhorre all such designes , and desire all our nob●●● and councell , who are 〈…〉 place , to declare whether they have not been witnesses of our frequent and earnest declarations and professions to this purpose , whether they see any colour of preparations or counsells that might reasonably beget a belief of any such designe ; and whether they be not fully perswaded , that we have no such intention , but that all our endeavours ( according to our many professions ) tend to the firm and constant settlement of the true protestant religion , the just priviledges of parliament , the liberty of the subject , peace and prosperity of this kingdome . the god of heaven direct you , and in mercy divert those judgements which hang over this nation , and so deale with us and our posterity , as we desire the preservation and advancement of the true protestant religion , the law , and the liberty of the subject , the just rights of parliament , and the peace of the kingdome . finis . die veneris, decemb. . . whereas severall ordinances of both houses of parliament of the . of november last, and the seventh and . of this instant december are passed, concerning assessing such persons as are of ability ... england and wales. parliament. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing e ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) die veneris, decemb. . . whereas severall ordinances of both houses of parliament of the . of november last, and the seventh and . of this instant december are passed, concerning assessing such persons as are of ability ... england and wales. parliament. sheet ([ ] p.). s.n., [london : ] imprint suggested by wing. title from caption and first lines of text. reproduction of original in the henry e. huntington library. eng internal revenue -- great britain. great britain -- politics and government -- - . broadsides -- england -- th century. a r (wing e ). civilwar no die veneris, decemb. . . whereas severall ordinances of both houses of parliament of the . of november last, and the seventh and . england and wales. parliament a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - elspeth healey sampled and proofread - elspeth healey text and markup reviewed and edited - pfs batch review (qc) and xml conversion die veneris , decemb. . . whereas severall ordinances of both houses of parliament of the . of november last , and the seventh and . of this instant december are passed , concerning assessing such persons as are of ability , and have not contributed , or not according to their abilitie , as in the said ordinances doe and may appeare ; it is now further ordained and declared by the lords and commons in parliament assembled : that the severall and respective assessors shall not assesse any of the members , of either of the houses of parliament , or the assistants of the house of peeres , any thing in the preceding ordinances , or any of them , to the contrary notwithstanding . but that the members of either house , shall be assessed by that house , whereof they are members , and the assistants of the peeres by the house of peeres . ordered that this ordinance shall be printed . io. browne cler. parliamentorum . the rebels plea, or, mr. baxters judgment concerning the late wars in these particulars : viz. the originall of government, coordinate and legislative power in the two houses, third estate, force upon the houses in , principles the houses went by at the beginning, destructive to monarchy, covenant, reasons for submitting to the late government. tomkins, thomas, ?- . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing t ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing t estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the rebels plea, or, mr. baxters judgment concerning the late wars in these particulars : viz. the originall of government, coordinate and legislative power in the two houses, third estate, force upon the houses in , principles the houses went by at the beginning, destructive to monarchy, covenant, reasons for submitting to the late government. tomkins, thomas, ?- . p. printed by thomas mabb, and are to be sold by henry brome ..., london: . errata sheet bound at end. reproduction of original in the harvard university library. eng great britain -- politics and government -- - . a r (wing t ). civilwar no the rebels plea, or, mr. baxters judgement, concerning the late wars, in these particulars: viz. the originall of government. coordinate and tomkins, thomas d the rate of defects per , words puts this text in the d category of texts with between and defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - ben griffin sampled and proofread - ben griffin text and markup reviewed and edited - pfs batch review (qc) and xml conversion the rebels plea , or , mr. baxters judgement , concerning the late wars , in these particulars : viz. the originall of government . coordinate and legislative power in the two houses . third estate . force upon the houses in . principles the houses went by at the beginning , destructive to monarchy . covenant . reasons for submitting to the late government . london , printed by thomas mabb , and are to be sold by henry brome , at the signe of the gun in ivie-lain , . the rebel's plea , examined . the writers of the parliament side asserting highly , the liberty of the subject , think they oppose those of the kings , who plead strongly for subjection to rulers , which are things , no way inconsistent , for it is very evident rulers doe not take away but preserve our liberty . men being of the same nature , desire the same things ; & what every man desires , none can securely enjoy ; the natural inequality between men being so little , the mutuall yeelding would in all likely-hood be little also : the title of the strongest though the best would be too weak to hold long , some one or more would quickly over-match any that could pretend to that , every bodies right was apparently no , if any had the good ( or ill shall i call it ) luck to have any wealth , it was according to davids curse , to him an occasion of falling . by the inconveniencies that attend the want of government , we finde out the nature of it : first , our inability singly to defend our selves from our own country-men , and from strangers , made it necessary we should part with all our power into anothers hands , that he might be so able to defend us from both , seeing that from both we were in danger to receive injury in every thing we value . secondly , because we are capable of so much wrong , and too apt to apprehend our selves wronged , when we are not , we must resigne whatsoever power of judging or redressing we have in our hands into his hands , and for the publique safety , are obliged to submit to his , though it may seem to us an erronious and partiall judgment ; a thing though highly rationall , and of great import to the generall , yet not to be expected from selfish or opinionative men , unlesse the magistrate hath a compulsive power● , which alone , though we have no fear of forreigners , were ground enough to put the sword and scepter into the same hand . supposing therefore power to have originally been in the people , which shall be afterwards examined ; it will not at all upon pretence of misuser entitle them to snatch it back , any more than i can forcibly take away , what i gave ; because i can prove it was once mine : if the people are still judges of what is to the publick good ; and have the power of the sword , they are what they were before they were no subjects . but mr. baxter tells us not after the rate of mr. calvin , who thinks it possible for the tres ordines regni to have a power of resisting princes , but according to the worst principles of his most scotized followers : the people may fight against king and parliament both , for the common good , if they be both against it . thes. . of obedience and resistance . kings conditions are very little bettered by those men , who free them from the popes supremacy , in ordine ad bonum spirituale , and subject them to the peoples , in ordine ad bonum publicum . but it 's strange , that the multitude ( for what else can the people signifie , distinct from and opposed to the king and parliament ) that the multitude i say , should by mr. baxter be thus solemnly invested with the highest piece of regality , the judging of the publique good , whose ●ncapacity , levity , ignorance , naughtinesse , unaptnesse , for even the meanest employment of this nature : in his book against harrington , he labours to demonstrate , see his twenty arguments against popular government . king iames in the conference at hampton court , told us out of experience , how zealously the presbyterian ministers defended the kings power in spirituals , while there was need of it to pull down the pope ; but that being done , more wisely put it into their own hands : so now it seems , it shall fare even with parliaments ; while the king could not be pulled down , but by that assemby , their omnipotency was every where proclaimed , but now they must learn too , to use the power the people gave them for their good , or else the people may take it from them . but secondly , this tenent is destructive of its very pretence , as being extreamly opposite to the publique good , because to the peace of the nation , which is the onely time , in which we can securely enjoy the benefit of the governours care of the publique affaires by having opportunity of following our private ones . there is much fault to be found in the administration of ( perhaps ) every nation in the world ; private men injured by corrupt officers , &c. but that the inconveniences are so great in any one place , that it should be the concernment of the ma●ority of the nation , to redresse them by a war , whose effects a●e so calamitous and universall , i durst be tryed by any besides the needy , ambitious and discontented men of the same place man is by nature a sociable creature , which though mr. hobs denyeth , because another had said it before him , is evident in this , that if a man were furnished withall the delights , the most wanton can fancy , and freed from the feare of any assaults ; yet to be totally debarred the company of men , would make all his pleasures irksome ; nor is there any other imaginable reason to be given , how men of even good parts spend a very vast proportion of their time in hearing the flat and impertinent discourses of idle and weak men and women ; were there not a sociable principle in our nature , so that we can no more put off our delighting in the company of men , then we can our being men : we are naturally then inclined to society , which society cannot be maintained without government , nor government possibly without the power of the sword , the natural right of judging for our selves , and maintaining that judgement by what force we can make , being the inconvenience that attended want of government ; and therefore sure laid down in the very constitution : he therefore that takes up the sword without , nay against the command of the supream magistra●e , resumes that right which by mutuall consent all had laid down , denies himself his subject , stands upon terms with him as equall , which is as much as in him lyes to dissolve the government , reduce all to anarchy , and is therefore not more in●urious to the ●rince , whose authority he usurps , then to the nation whose peace he thus treacherously disturbs . publique good and liberty , are two fine words that engage nations to their own ruine , alwayes insisted upon by those who have not so great a share of wealth or power in the present state of affaires , as they think they deserve , or at least hope for in the next change ▪ their disco●rses are usually such as these ; what is a prince more than another man ? inferiour in parts and piety perhaps to thousands of his own subjects , we are all equall , though statesmen make , & fo●s believe a difference ; peasant is not made of the mould of the earth , and the prince of the stars in heaven ; though court flatterers calls them gods , we see them dye like men ; our obedien●e consists like the heathens devotion in their ignorance , who worship for a god , which their priests knew to be but a cat or o●●le . when they have perswaded men out of the reverend esteem of the magistrates person and office , their work is half done : then the disputers of the original and nature of government sufficiently shew their readinesse to pull down the house , that they may prey into the foundation , and it is resolved , the king is but the commo● trustee , if he will wound us with that sword we put into his hands ●o defend us , let him thank himself , if we wrest it out again ; laws and magistrates were made for , and cease to be , when they cease to be subservient to the publique good , as the means hath a being onely in relation to the end . no wonder if the people gladly embrace such gay new nothings , pitty the simplicity of their fore-fathers , who lost their rights for want of knowing them , the meanest artisans hug their new-found prerogative , and are resolved ere long , the crown and the scepter , laws and magistrates shall doe their duty , and vaile before them . that they may value their new light the more ; it shall be shewed how high time it was to discover it , when it was more then time they had made use of it ; the publique is now in danger , if they will now endure , they then deserve to be ruined . there being something amisse in the administration of every government , innovators can never want pretence to propose somewhat , the redress of which would be gratefull to the people , who have not the wit to consider the much greater inconveniencies of a war , nor the ordinary prudence to observe the conditions of the men which would evince them to mind their own rather then their countries good . if some doctors have determined it lawfull to resist in case the publique is in evident danger of destruction ▪ every grievance shall be the case , not a tax if unduely as some think leavied , though of a moderated proportion , and employed to the end for which it was raised , highly to the honour and behoo●e of the nation , but shall be called its undoing ; which is as mad as if a physitian ( nay madder in as much as the concernment is more general , because in desparate cases , he may use desparate remedies , should therefore doe so in all cases . there is another weak part in the people , which gladly yeelds to any assault , which seditious oratours secure for themselves unperceivably , that is , they naturally love to hear men spoke ill of , but especially they are never so well pleased as when they hear discourses of the failings of good or great men , that rascally pleasure , which their suiteablenesse to this principle produces in the vulgar , procures them ready entertainment , and accordingly all the faults and felicities of the government , shall be exaggerated to the height , improved to the very rigour of the utmost consequence , the dissatisfied , unpreferred part of the clergy shall obliquely hint them ( if the time for direct railing be not come ) with a superfectation of fears and jealousies , at every lecture ; and under pretence of confessing and being humbled for the sins of the nation in prayer , for the sins of us , our kings , and our princes , under that head shall be instilled into the peoples , not affections onely , but onely their very faith , whatsoever ill of the present rulers , malice can conceive and impudence utter : if any represent the necessity of those blamed proceedings , they shall be called time-servers , courtiers , and so heard if at all with prejudice : when rayling at government shall be called freedome of spirit , and despising authority , fearing not the face of men in their countries cause it is a certain signe they desire to be no longer private men , who thus discover publique mindes . by whom and how england was seduced to undoe it self , in order to the publique good we shall enquire hereafter ; i will now enter upon the thing it self ; and enquire , . whether the war were not the warr of subjects against their soveraign , where we must examine whether the two houses were coordinate with ; or subordinate to the king . . whether there were any just cause for a warr , supposing they had a right of resisting in some cases . whether or no , and how far , the alterations that since followed may be deduced , out of the principles of the first beginning of the warr . . whether the principles and practise of the presbyterian ministers are destructive of all government ? before i enter upon the first question ; i must according to mr. baxter's method , consider his previous argument , who in his judgment of the late warrs , thus argues : sect. i. the malignant hatred of seriousness in religion , did work so violently in the rabble that i could not stay at home . this , though frequently insisted on in his other books , even beyond truth or modesty , and hath seduced many well-meaning zealots , is yet farr from conclusive ; suppose some of the meaner sort of his town , thought it enough to honour the king , though they feared not god : must he therefore think it enough to fear god , though he did not honour the king : that many of the kings party were drunken , or ungodly ; is not to the purpose , but sure it is a peice of separatisme beyond independency to neglect a duty , because , wicked men would joyne in the doing , nor is this true , with which this argument is enforced . nor had i any place of safety from their rage , but the armies and garrisons of the parliament : yes you had the garrisons of the king , i am sure it was no part of the kings cause , to deny his subjects protection for being peaceable and godly , your question therefore , whether those subjects that are utterly undeservedly deprived of the protection of magestrates and laws , are not discharged of their obligations : is extreamly impertinent to the thing in hand , unlesse you had proved your demerits to be none , and you having done the duty of a good sub●ect , upon demand ( which you have not once asserted ) were denyed the benefit of it by his ma●esty , or the governours of his garrisons ; for sure the unrulinesse of what you acknowledge to be the rable , is no sufficient ground to say , you were utterly deprived of the protection of magi●trates and laws . the first capacity of parliaments , is to represent the people as free , for i take it for undenyable , that the government is constituted by contract , and in that contract , the people reserved themselves some rights ; parliaments are the trustees for securing those exempted rights , and so represent the people as so far free : the rights and freedoms of a people , as a people , are in order of nature before their constitution , and excepted and so secured in it . the first of which assertions : that the originall of their government is by contract being the foundation ( though if granted a weak one ) ought in reason to have been backed with some clearer evidence then , i take it for undenyable ▪ i shall make it out that the originall of all government was not so , which though it is sufficient to overthrow that assertion , there being not so much as an offer of any argument peculiar to this realm to evince its being so ; yet i shall say something to that particular . a nation , is families multiplyed , and a king but the common father . {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} arist. where the nations , there the government began in private families , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , nor election there , the eldest was the ruler , born not made their soveraign , and this sufficiently evidenced by the kingly power , the power of life and death , which in all antiquity we finde the fathers possessed of , if there were any need of further proof , the small teritories which in all new discovered places of the world kings enjoy , would easily perswade us their kindred and subjects to be the same ; joshua beat thirty kings , adonizebeck seventy in the small land of canaan , and there might be more for any thing we know . but secondly , nations if they chose a king , may submit themselves absolutely to him : either , . to be defended from some potent adversary they more dread , venture a possible extreamly unlikely to avoid a present imminent destruction ; so the campanians of old to the romans , liv. populum campanum , vrbemque capuam , agros , delubra deum , divi●● , ●umanamque omnia in vestram p. c. ditionem dedimus : or , . apprehending that government to be the best , as knowing that in such a state , the kings private ●trest is concerned in the publique , which can●ot so truly be said of any man , or side in any how well contrived a mixture whatsoever ; and withall observing how well other nations thrive under● , the roman historian , though a great adorer of a republique could not deny , but people live● very happily ; sub imperio plan● regio , under one that was a king endeed : vrbis sub eumene l●berae & civitatis fortunam cum suâ mutatam v●luisse ; let others cities apprehend themselves free under a great many , they found themselves as free as they desired under one ruler : it is by this time evident sure , that all government is not by contract . i shall now resolve the above cited section into these foure propositions : first , that the originall of this government was a bargain between the king and people . secondly , the people did reserve some rights to themselves . thirdly , the parliament are the trustees for securing those exempted rights . fourthly , these rights of the people , as the people were , before the constitution excepted , and so secured in it . of all which propositions , there cannot be one true according to all the law and history this age is acquainted with . in the most tumultuous later ages past , there hath been ( perhaps ) something of as good authority to us , as our own proceedings may be to future times . i shall oppose onely this : because in all the chronicles that ever i met with , the higher i go , the more absolute i finde the king , an ill signe of rights exempted in the very constitution , and the priviledges we now enjoy ( as to share in the government ) were wrested ( and it is easie to track when ) by fraud and force from weak or indigent kings , or given as acts of grace , and acknowledged with thankfulnesse for such : i would desire to be informed , when and where we did meet to chose our king ? whether before we lived without any form of government , o● what we had , upon what occasion we changed it ? who were witness to the bargain between the king & us ? where the copy of it is , where is an exact catalogue of our liberties , for the parliament being to secure our exempted rights are ( i should think ) to know them , our fundamentall laws are not ( i hope ) like the traditions of the church of rome , which no man knows where to find ; must we look on parliaments as they on councels ; believe what they at present vote , though we know it then to have beginning , to have been from the beginning . but mr. baxter may perhaps startle , if out of this very section : ( as errour and lying frequently are their own confuters ) which as it is the foundation of most seditious pamphlets deserves to be particularly considered : i can prove the war against his late majesty to be rebellion . his argument runs thus : it was not rebellion , because the parliament are not his subjects in one case , i. e. as they are the trustees for the securing those exempted rights , and represent the people as free , not as wholly free , but as being so far free as that exemption signifies , that is , as to such rights as were in order of nature before the constitution excepted , and so established and so secured in it . from whence i thus argue . the parliament could not represent us as free , except in those things in which we were free i. e. in respect of those particular priviledges which in the very constitution of the government were reserved ; now if this parliament did fight for any thing , which was not so reserved , they cannot be upon that head excused , and so it was a war of subjects against their soveraign : ergo . now whether the militia , taking away the kings negative vote , according to the declaration of may . . the . propo. were any of those exempted rights , let any modest man judge . if the people reserved such a power to themselves in this fancied contract , it is strange it is not totidem verbis expressed ? de non apparentibus & non existentibus eadem est ratio ; is a rule in law to avoid uncertainty , and dash groundlesse pretences in things of smaller concernment . if we reserved a power of resisting , what hindred , but our ancestors who were neither fools nor complementers , inserted not some such clause in the coronation oath at least , as in the king of poland , quod si sacramentum meum ●iolavero , incolae regni nullam nobis obedientiam praestare tenebuntur . against this capacity of parliaments , of representing the people as free , and that in the very constitution of the government , though it is enough to confute it , that it is not founded upon any thing in our laws or lawyers : i shall offer briefly these two things . . this opinion under the glorious name of parliament , comprehends onely the most inconsiderable part of it , the house of commons , the lords representing not the people in any sence , but to this head , i shall say more when i come to examine , how far our late alterations may be maintained out of the principles of those who began the war . . it is the ju●gment of ●r . edward cook in his preface to ● . ●ep . fitzherbert natur brevium ; and indeed the 〈◊〉 co●●ent of lawyers , that the best way to understand the nature of a thing , is to consult the writ that belongs to it , now if the writ calls them onely to counsel , con●●l●m vestrum impens●ri , &c and de quibusdam arduis negotiis , quibusdam ; some , which he was pleased to desire their advice in , not what ever they had a mind to be medling in . there be fresh examples of latter times even in qu elizabeth's days , of members sent to prison , for mentioning in the house to move the queen in a thing which highly concerned the peace of the nation ; but a thing above their cognisance , and it was not muttered at as breach of priviledge . if they had been intended for such sharers in the soveraignty in the very constitution of the government ; how are the burgesses so many more than the knights of the shire ; are the meanest tradesmen more capable of ruling then the gentry , whose thoughts , and education are sure more suitable to it . that alone were enough to make one think , representing to the king , the several obstructions of trade in all parts of the nation , the greatest part of their errant ; it being the onely thing they are fit for . adde to this , sr. edward cook in pref. to . rep. reckons it ●p , as one of the priviledges of tenants in antient dem●sne , that they were not to be returned burgesses to serve in parliament . his next work is to answer two objections . . the oath of supremacy , saith he , secureth the kings title against all foraign claim , either pope or any other . the words of that oath are plainly these . i. a. b. doe utterly testifie and declare in my conscience , that the kings highnesse is the onely supream governour of this realm , and of all other his highnesse dominions and countries , as well in all spirituall and ecclesiasticall things ( or causes ) as temporall . thus far it is as clear and positive as words can make it ; the negative part of the oath , which because it hinders not mens designes , they are content to take notice of , followes and that no forraigners , &c. if the king is the onely supream governour of this realm , and the two houses are equal with him in the government , and we may swear this , and yet believe that , it is time to change not onely our law , but our language ; and the houses should make us new dictionaries that we may know , what english words signifie . the second argument , is one would think convincing , the two houses acknowledge themselves his majesties humble and loyall subjects assembled in parliaments . they petition the king , the king never them , they cannot come unlesse he cals them , nor choose to come , when he doth call them ; nor stay one minuit longer than he pleases , and yet these are his equals , not to say his superiours ; but he that hath an equall during his own pleasure hath none at all . he warns us to take heed of titles , being it is likely , not ignorant that , king , monarch , emperor , supream lord , majesty were every where in the law attributed to the kings person , but of him in his politicall capacity , i e. the majesty , regality of the two houses : there is as little to be found of the name as the thing . what hath been now said , may evince that proposition ; the soveraign power is onely in the king to be no groundlesse one ; but of that more hereafter : the next objection is , legislation is the most principall part of the soveraignes right ▪ but that belongs to the houses , as well as the king ; be it enacted by the kings majesty , lords and commons , &c. ergo : here mr baxter evidently betrays his cause ; before , while it was for his turn , the parliament fought for , and represented us as free in o● rights , exempted in the very constitution , he referred all to the originall ●ontract ; but here part of the soverainty is proved to be in the houses by these words ; ●e it enacted by the king , lords and commons , termes that came up but yesterday , and he is so conscious to himself of waving his first plea , that he saies , he will not go to records and writings ; i. e. he knows the example of all laws , the authority of all lawyers , give judgment against him ; if a bargain was made at first , we are obliged to keep it , as well as the king ; nor can we encroach with more honesty upon his original priviledges then he on ours . but the king it seems shall be one of the three estates , and the onely one , whose rights may lawfully be invaded . neither is it true , that the legislative power is partly in them , they are ( i grant ) to consent to the making new , and abolishing old laws ; but that is no cogent proof , of the partition of the supream and legislative power . it is the interest of kings as well as their duty , to make and repeale laws , as they suite with , or are repugnant to , the good of their country , which they can no way be so well informed of , as by an assembly con●isting of men , chosen out of all parts of the realm : and where there are considerable and distinct ranks of men , as the spirituall , and lay nobility , and the commons ; it was fit they should all be heard , and consulted with ; their interests being divers , and sometimes thwarting , it was very like their desires would be so too : it was this way provided , no one part should get a grant by surprise to the disadvantage of the others , and thus it was in england : and this the reason of demanding the opinion of the two houses is evident , i appeal to the body of the acts themselves , & here i will not insist upon the elder presidents , though i might rationally enough from them , overthrow the fancy of our rights , secured in the constitution of our government ; but that being so universally granted ; i shall cite acts of weak kings , and later times . onely desiring this thing of the reader , that he would not think those i quote to be the onely examples to be produced ; and so possibly think , either fraud or force hath caused the people to suppresse their rights ; let him but look upon the statutes , he will quickly be rid of any such fond imagination . i have therefore purposely pitched upon a weak prince , and insulting subjects to begin with , anno decimo edw ▪ . for as much as our soveraign lord the king , by the information of his prelates , earls , barons , &c. our soveraign lord the king , by the assent , &c. hath ordained and established . so , anno . edw. so in all other . our soveraign lord the king by the assent of , &c. hath made these acts following . in the . of edward the . where there is expresse mention of magna charta , charta de foresta , which shews that assembly not unmindfull of their liberties , or priviledges ; yet the same stile continues : it is established by the king , by the assent of , &c. and at the request of the said knights and commons . in the . edw. . the king at the request of the lords and commons , &c. . h. . for as much as divers complaints have been made to our soveraign lord the king , by the commons in this present parliament : our soveraign lord the king hath ordained . this will certainly shew the legislative power to have been solely in the kings majesty in those dayes ; and therefore discovers the foolery ( to say no worse ) of those who upon that head assert a partition of that important piece of soveraignty between him and the two houses . be it enacted by the authority of this present parliament or lords and commons , began in h. . time , but that that variation of phrase should make such a considerable alteration of government , and no notice taken either by the king that parted , or the people who received by it so large ( as is pretended ) a share in the government is not easily imaginable : sure their apprehensions were very small of it , the notice they took of it being so little . we finde after that , not to insist upon each act or reign , which would be tedious , and he that doubts , may consult the books , anno . eliz. the lords and commons her majesties humble and faithfull subjects most humbly beseeching that it may be enacted , &c. and in the act of uniformity ( among others ) it is . be it enacted by the queens highnesse , with the assent of the lords and commons , &c. to which those words likewise inserted in some places of that act , by authority of this present parliament cannot be thought without great imputation of folly to those members , to be repugnant ; and the straining of those words is all that he can rely on ; i might here urge the old form , anno. . eliz. be it enacted by the queens most excellent majesty with the assent , &c. among many others , i will onely cite one of . jac cap. . be it enacted by the kings most excellent majesty , with the assent of , &c. now to speak of the fundamentall partitian of the soveraignty in the very constititon of the government , and to make it out by a phrase newly taken up , and to take no notice of the old forms , the king grants , the king wils , the king provides , argues one very desirous to say some thing in a bad matter ; but when this form is it self varied , and in many acts both are used , sure the latter was never intended to evacuate the former , and it is very unlikely ; so great a change of the legislative power would passe without any notice , either of king or people ; it deserved at least one act or parliament to have transmitted it to posterity : when alas we finde even in king charls his dayes an act framed , according to the old regular way , in the petition of right ; even there when we were not sure giving away , nor unmindfull of our liberties : to the kings most excellent majesty , in which the lords and commons do humbly pray , that no such thing as they complained of , &c. to which the answer was , soi● droit come est desire . the laws are alwayes called the kings laws , but very improperly , if this new doctrine be true . i conclude all with the words of bracton , an author , the antimonarchical party make much use of . quod principi placuit , i. e. non quicquid est à rege temere & ex animi perturbati impetu quodam & aestu praesumptum , sed quicquid ex magnatum suorum consilio , [ regio assensu authortatem praestante ] & habitâ super hoc deliberatione & tractatu recti fuerit definitum , legis habet vigorem . what the reason and the effect of their assent is , is , not hard now to judge ; men have been so often taught to say , that because they must assent to the making of laws , they have a part of the legislative power in them , and will call it non-sense and absurd to think otherwise : i will cite grotius , cap. . de jure belli , sect. . and i the rather cite him , because living in a popular state , he naturally favoured it so much ▪ as in this point especially of sharing in the government , he shewed himself tender of the peoples rights . multum fal●un●●r qui existimant cum reges acta quaedam sua nolunt esse rata nisi à senatu probentur , partitionem fieri potestatis : nam quae acta in eum modum rescinduntur , intelligi debent rescindi regis imperio , qui eo modo sibi cavere voluit , nèquid fallaciter impetratum pro ver● ipsius voluntate haberetur ; which is not much different from what we cited out of bracton : the sum of which is this , when the assent of the senate is necessary to any of the kings acts , it is not that they share in the doing , but that they truly ●nform the k●ng what it is he does . he cites the example of antiochus , who wrote as our kings use , nè sibi parerent siquid legibus adversum juss●sset : they should not obey him in things contrary to law : and constantine , nè pupilli aut viduae those forlorn people should not lose their priviledges ; etiam si imperatoris rescriptum proferatur , though by order under the emperors own hand ; and yet the world took never any for their equals , or them for any other then soveraign princes . the same author sect. ● non desinere summum esse imperium , etiamsi is qui imperaturus est promittat aliqua sui ditis aut deo etiam talia quae ad imperii rationem pertineant . a soveraign ceases not to be so , though he promise his subjects not to exercise by himself some parts even of the sover●●gn power . adrian the emperour swore he neve● would pun●sh a senato● without the assent of the ●enate , which was a greater priviledge then our members can plead ; yet never any was so fond as to take them lesse for subjects , or him for soveraign . princes upon the misinformation of corrupt men , may doe much to the grievance of the subjects , if they to avoid this inconvenience to the people , shall provide so for their security , as to promise not to exercise such parts , of their power without their advice and assent , first in a common counsell assembled ( our old style ) they shew themselves unworthy of such an act or grace , who will interpret it to the disadvantage , nay to the dethroning of him that passed it . to apply it to our particular case , suppose the king hath graciously promised not to leavy money on his subjects without their assent first had in parliament : the king now cannot do it , the king hath so far restrained the exercise of his power , but is by this any power placed in them ? grant they had , it will not reach their purpose ; the king cannot leavy mony without their assent , but is there any law that gives them power to leavy any without his , though they may give mony to the king , i doubt it will puzzle a good lawyer to prove , they can give the subjects money to themselves , without which , i doubt , contribution , excise , and those other fine words was but theft and robbery . that the assent of the two houses is required to repeal a law , will by this time , i hope , be a small argument of their partitipation of the soveraignty ; sure i am , the monarchs of the east were as much limitted , the laws of the meades and persians , which change not at the pleasure of the king the scripture mentions ; even those princes were sworn to observe the laws : ahasuerus could not revoke the decree against the jews , nor darius though he passionately desired it of his nobles , save daniel , ( dan. . ) he that would affirm , that to be a mixt monarchy , or that those nobles or any else were sharers in the government ; to say no more , would bring a new doctrine into the world . the next objection is in short this , in a declaration set forth in the kings name , it is acknowledged that the king , lords , and commons make the three estates ; and the ballance must hang even between them , &c. to which i shall briefly say this , it were to the purpose , if it could be proved that the king , lords and commons make the three estates : but the truth is , the lords spiritual , temporal and commons are the three estates , not to repeat many . in the act of recognition of queen elizabeth , we your most loving , faithfull and obedient subjects , representing the three estates of this realme ; which evidently shews the queen was not esteemed one . anno . eliz. cap. . the clergy being one of the greatest estates of this realm , it is clear therefore , that by the law , the clergy is one estate : so when hen. . funerals were ended , the three estates did assemble and acknowledge his ●on king . for their right of being the thrid estate unanswerably acknowledged by parliament ; it might admit a debate , whether any two estates may conspire to vote out the third ; sure , if the commons had been so served , mr. baxter would have resolved it in the negative : how comes it to passe , that that part of magna charta which relates to the clergy should be lesse significant then any other . to the kings concession to that illegall bill , i onely say this , the law takes no notice of an act , but when it is by the assent of the three estates ; nor could the lay lords and commons disoblige the king from his oath made to the spiritually ; there being a particular clause ( besides the general , for securing the liberty of the nation ) in the coronation oath , for the rights and priviledges of the church , nothing but the church could give them away ( if yet the church it self could ) for it is a thing generally granted , that a generall representative cannot cancel obligations to particular bodies , which truth in any other instance people will acknowledge : the house of commons are the representative of all the commons of this land ; the city of london hath her burgesses there : if they upon this fancy of involving each ones consent , and so doing injury to none , should vote the city paid , the money they borrowed of them , i believe every one would quickly discover the fallacy of that plea , and explode it as illegall , sinfull and rediculous ; the other case is much harder ; london is the greatest city , the clergy is one of the greatest estates in the nation , according to . eliz. cap. . london hath some at least , that there represent her , whereas the clergy hath not so much as one ▪ he saw the impossibility of the bishops fitting there , their persons and friends assaulted , themselves like to be murthered by the rabble ( see bishop halls narrative , before his last works , the lords making an order to suppresse the tumults , the commons not concurring but encouraging them ; the bils severall times thrown out of the house of peeres , and brought in the same session , contrary to all order of parliament , considering which , i will say onely this : let any man consider , in what a condition the kings majesty was in then , how injurious to himself , to one of the greatest estates of this realm , according to . eliz. that grant was ; how contrary to magna ( harta , to the rights of the church by law , and his majesties oath so much provided for ; he will easily finde the kings consent to be extorted and null . if i should upon their protestation against all acts passed , during their forced absence , it would not be easily answered . having now shewed the clergy to make the third estate , which is as much as the king hath been allowed to be of late ; the main argument of coordination is thereby removed , i will adde but this , the oath of supremacy asserts the king ; to be the sole supream governour ; and therefore sure the two houses are not coparceners . it is declared in anno . r. . c. . the crown of england hath been so free at all times , that it hath been in no earthly subjection , but immediately to god , in all things touching the regality of the said crown , and to no other . and again , the realm of england is an empire governed by , one supream head and king , having the dignity an royall estate of the imperiall crown of the same . h. . c. . unto whom a body politick , compact of all sorts and degrees of people in terms , and by names of spiritually and temporalty been bounden , and ought to bear next to god a natural and humble obedience . this body politick consisting of all sorts and degrees , divided into terms , and by names of spiritualty and temporalty must necessarily be the parliament , there being no other body capable of that appellation and description , which here acknowledgeth as such a body it self subject and him supream . the next is a large quotation out of grotius in latine , that in some cases it is lawfull to resist , but they reach not the present question ; the first concerns not supream magistrates , but such things as sparta had ; the second none at all : the third , if the king aliens the kingdome , which sure was not our case : fourthly , if the king apparently designes the destruction of the whole people , i will not wrong the king so much as to endeavour to clear him from that : fifthly , if there is such a clause , &c. if the king doth this or that , the subjects are absolved from their oath , produce such a clause , and shew how the king broke his trust ? sixth , if there is a division of supremacy , and the king encroaches , he may beso far resisted . i shall make it out , the houses encroached upon him ; as i have sufficiently evinced the vanity of a coordination . in these cases , grotius thinks they who at their entring into society , contracted for themselves and posterity , intended not to obliege them so far as to dy , rather then resist , nisi forte cum hoc additamento si resi●ti nequeat , nisicum maximâ reip ; perturbatione , aut exitio plurimorum ●●nocentium , unlesse by resisting they mightily disturbe the common wealth , or destroy many innocents ; that being the parliaments case , nothing in grotius can acquit them from the sin of rebellion to their soveraign , and the duty of restitution to the subjects they injured . and here are the female and mechanick readers , amused with that venerable name , when in all these cases there is but one that looks toward the sub●ect , and that too upon the groundlesse fancy of divi●ion of supremacy , and with an exception that reaches the case . the laws in england are above the king , because not his acts alone . whose acts the laws are , hath been above discussed , the consequences of this proposition , i understand not , because he hath not done us the favour as to let us know its meaning ; if it is not more then the words signifie , that the king ought to rule , according to law , and cannot abrogate laws at pleasure : the king asserted it in all his declarations . in the exactest monarchies i have shewed there were , laws which the kings were obliged by , might they therefore be resisted if they broke them ? let us blot then all the precepts of obedience and submission out of the bible , as things sit for that pusillanimous if not crafty age : and let that patience of the primitive christians which made their persecutors admire and love , be thought want of opportunity , not desire of revenge . the king was to execute judgement by his iudges in his court of iustice , and his parliaments was his highest court . by the parliament , meaning the two houses , they are no court of judicature , the house of commons have nothing that looks like a court of judicature , not the power of administring an oath , not the power of imprisoning any but their own members , notwithstanding the contrary proceedings of those tender gentlemen , of the liberty of the subject , the members of the long-parliament , whose committees could contrary to law imprison men , and deny them their habeas corpus . the house of lord it is true , is a court of judicature , but that is as they are the court of the kings barons , whose judgment is but ministerial and not soveraign , as appears in this , that though they have power to reverse the sentence of other courts , yet they cannot reverse their own judgment ; a clear argument their authority is not sovera●gn , whose judgement cannot be so far restrained no not by it self . for the two houses joyned together ( as the ingenious author of the case of our affaires demonstrates ) they cannot so unite or conjoyn , as to be an entire court , either of soveraign as ministeriall jurisdict●on , no otherwise cooperating then by concurrence of votes in their severall houses , for preparing matters in order to an act ; and his argument is very good , which when they have done , they are so far from having any legall authority in the state , as that in law there is no stile or or form of their joynt acts , nor doth the law so much as take notice of them , untill they have the royall assent . should it be granted they were , yet it is as evident there was a force upon the house then , as there was in . ●o that neither the house was full or free ; first , for the commons , a very great number of persons fairly elected , kept out upon pretence they had some project , patent , or monoply , and kept in sr. henry mildmay , mr. lawrence , whitaker ; the first , the chief promoter and notoriously known to be so of the businesse of the gold and silver thred , a commission complained of , viewed and examined , the other as much employed in matters of that nature as any man , but they voted as that party would have them . secondly , severall members of their party sate in the house against the consent of the burroughs they pretended to serve for , when such men were concerned and complaints made , all the answer the honest elected gentlemen could get was , questions about elections were of 〈◊〉 private a nature to be considered , and would interrupt their proceedings too much . if the election of any such persons hath been heard at the committee , and they voted out of the house , as unduely chosen ; that report must not be made , whereby a good member may be lost , as in the case of mr. nichols , mr. pyms nephew and others . thirdly , the scots army was not suffered to disband , that they might awe the king and dissenting members , and mr. strode blushed not to say openly , they could not yet spare them , the sons of zerviah were too hard for them . though the bishops and popish lords had a legal right ( then at least ) to sit ; yet they invited tumults to cry , no bishops , no popish lords : nay , made a stand at white-hall , and said , they would have 〈◊〉 more porters lodge , but would speake with the king when they pleased : proof was offered against that captain , who conducted the rabble , and sollicited them to come with swords and pistols ; yet he was not suffered to be brought to answer the intollerable violence upon the members of both houses : the bishops were threatned to be pulled in pieces , as they came from the house ; they were faine to steale : away for feare of their lives , see bishop hall's narrative before his last work : the lords made an order to suppresse the tumults , but the commons would not concurr : severall speeches were made in their justification ; they must not discourage their friends , this being a time they must makeuse of all their friends ; mr. pym saying , god forbid the house of commons should proceed in any way to dishearten the people , to obtain their just desire in such a way . were not the names of these gentlemen that voted not according to the sence of the good members posted up , their persons assaulted , did not alderman pennington , captain ven brings down armed multitudes to terrify the members , when the worser party ( as they call it ) were like to prevaile . that the liberty of the house of peers was no better preserved , the arguments are too numerous , mr. pym could tell the earle of do●er , if he looked for any preferment , he must comply with them in their wayes , mr hollu demanded publickly 〈◊〉 the bar , the names of those lords , who would not consent to some propositions concerning the militia sent by the commons , they got multitudes to deliver petitions to both houses , and to desire leave that they might protest against those lords-who would not agree to the votes of the house of commons , as the petition of surrey , harfordshire . in this petition of the poor people about london , against the malignant faction , it was desired that those worthies of the upper house , who concurred with them , in their happy votes , might sit and vote in the house of commons , as one entire house ; professing that unlesse obstructions were removed . they should be enforced to lay hold on the next remedy which was at hand to remove the disturbers of the peace . . the four next sections amount to this . our rights were evidently invaded , ship money , the new oath against law men punished for preaching lectures twice on the lords day . the parliament remonstrated our danger , we had reason to beleeve them , there was a generall endeavour to change the face of things among us , many new orders brought into the church , abundance of painfull ( though peacable ) preachers cast out ; ignorant scandalous readers kept in , the irish rebells declared for the king , we should have been butchred by them when they had conquered ireland . the right of the people to resist their prince , having been examined , we now come to the reasons upon which they did it . . shipmoney , not to insist upon the frequent practises of our kings in that nature ; the consent of so many venerable judges , the abundant care the king took to be informed , the employments of it to those worthy ends , for which it was raised , were enough with al ingenuous minds ( if there were any miscarriages in the getting ) at least to excuse them . but some men with their loyalty put of their good nature , with their religion loose their civility . but mr. b. ought to have known , that the king had relinquished his claim to shipmoney before the warr , and therefore that could not be a cause of it . kings may confesse and forsake their faults , yet some sub●ects will not forget them . praticall serious godlinesse , was a scorne . that was not part of the kings cause , but it was very suspicious to see men solemnize a few fasts , and think that entiled them to eat other mens bread all their lives after , to scruple at being like prophane absalon , who wore long hare , yet immitate that good man absalon , that could pay his vow and rebell devoutly . the new orders in the church , amount to no more then this , those to whom the administration of ecclesiasticall affairs belong to by the laws of this land , observing some neglect order rudeness in the performance of divine service , appointed for its future decency , some ceremonies , neither commanded nor forbidden in the word of god , but some of them were used in the church of rome , whereupon they were esteemed ( or at least wise called ) popish . all that can possibly be said against this , is , that it is unlawfull to use any thing in divine service ; for which there is neither command nor example in scripture , ( when by the way , the latter confutes the former , supposing there may be imitable examples in scripture of things uncommanded there ) which would make the black and white caps as much antichristian as the square one : or , secondly , it is lawfull to use it , but not if it be enjoyned ; but this cannot be said by mr b. who pleades for the civill magistrates power in matter of religion , though i think he is scarce resolved to allow him any thing may be called power ; but that sure is of a strange nature that ceases to be lawfull , when it is commaded by a lawfull magistrate : or , thirdly , the being used in the church of rome , makes it unlawfull to be used in the church of england . a very pretty principle truly , we must differ from them when we have reason , and when we have not reason , when they reproach us with separation out of pride , humour , novelty ; the most rationall way to acquit our selves sure , is , to make it appeare , we gladly will come as neare to them in doctrine and discipline , as they will to truth and pure antiquity . we did not in those things conform to rome , but to the primitive church , and reduce those things as it were ex postlimino , to their native innocent usage , from which no additionall corruption of any abroad can rationally debarre us . the last is a trim devise , that the king would have destroyed us , by the irish rebels , who professed to raise armes for the king . sect. . i suppose mr. baxter can tell of some in england who professed to fight for the king , yet never had his commission . it seems the king must suffer as the earle of strafford was said to doe , not for what he had , but what he possibly might have done hereafter . the war against the parliament , was just upon as good a ground ; we feared they would undo the church and state , with their army of sectaries , whom they countenanced , when he did not the rebels in ireland . if the king had made use of the money raised for the relief of ireland , in the war at home , when the poore protestants were like to starve for want of it , as the two houses did ; he might have been thought to have abetted that rebellion : the parliament could make such an inhumane order for divertion of that money from the use it was raised for , and when the king sent to them to revoke it for their own credits sake , if not for the lives of his poor irish subjects , they according to their usuall rant , voted his messuage , a breach of priviledge , and made use of that mony to fight against him , and yet they would be thought friends , to the protestants in ireland . if inferiour courts of justice may prosecute the execution of their sentence in severall cases against the kings will , and the sheriff may raise the power of the county to assist that execution , much more may the highest court , but the former is true , ergo . the argument is this , if the sheriff may raise the posse commitatûs when by the law he is enabled so to do , ergo ; the two houses , may , though the law doth not enable them , raise the posse regni . courts of judicature may use such force as doth not disturbe the peace of the nation , ergo the two houses may raise a war is a far fetcht consequence . again , the house of peers is solely the court of judicature , the major part of which were evidently with the king . the summe of the next three leaves is . the warr was not against the kings person , or authority , nor to change the government of king , lords , &c. nor to take away the magistrates power in matters of religion , as appears by protestation , solemne league covenant , declarations . when i consider their declarations for the king and their actions against him , all i can gather is , that notwithstanding their bitter remonstrances of the state of the kingdome , their unworthy , unexampled ripping up , and publishing to the vulgar all the faults and infelicities of his raigne , ( which parliaments were in a greater measure , the cause of in not yeelding seasonable supply ) without taking any notice of the satiafaction made and care taken by him for prevention of the like for the time to come , or the happy dayes men now remember they then enjoyed ( by which wayes , it is easily to render any government odious to the credulous and undiscerning populacy ) notwithstanding , all this and the seditious invectives of pen and pulpit , the king stood so clear in the eyes of all men , that the being against him was a thing that they durst not own . though they spoyled him of his goods , and endeavoured to do so of his good name ; ruined his friends , preferred his most enraged enemies , chased him from place to place , ( they said to bring him to his parliament , & when they caught him , would not let him come thither ) though they deprived him of all authority as a king , by taking it into their own hands , his liberty as a man , by imprisonment , as an husband by keeping him from his wife , as a father from his children , as a christian from his chaplaines ; ( all which was done before the armies purge ) though they did all this ; yet they said ( and which is most rediculous , some of them say so still ) they were for the king . quid verba audiam cum facta videam . their actions being such , their loyall declarations shew them not more honest , but more dissembling ; if they had too openly discovered , they would never have compassed their intentions . for example , one of their first proposals ; without which there could be no peace , was , that all officers civill and military , all honours should be conferred on such as were approved by the two houses of parliament , see . prop. the people were willing to fight for so gay ( as they thought it ) a priviledge : had the english been a little plainer , ( and it was , if men had not been besorted plain enough , ) viz , except all the wealth , honour , power of the nation be shared among us and our friends , neither king nor people shall be at quiet , in these termes , which differ little in expression , and not at all in sense from the former ; the nation would scarce have been fond of being undone in order to the procuring of it . some of their declarations speak very fair , as it was necessary they should , and it is a great wonder how such wise and wary men suffered others to be so plaine , wherein they palpably reduce to nothing , the king and peers to begin with the king , see the declaration of may . . where they declare , that they have power to depose the king , and the king had deserved they should do so . we should not want either modesty or duty should we follow the highest presid●nts of former parliaments . see exact collection of all remonstrances . &c. published by order of the house of commons , p. . now parliaments have deposed kings as edw . rich. . and that the authors of that declaration had a particular eye upon those monstrous proceedings , is evident by the following words all the world knows what they put in act . in the same declaration they deny the king his negative vote , so that he hath no vote at all in making or repealing laws , which the meanest burgesse hath , nay the meanest commoner hath at least one that represents him , so that the king is the onely man in the nation ( except i may now reckon the clergy too ) that is in so high a degree of slavery , as to be bound by laws , he in no sence concurrs to the making of . so farr was he in . from being a king , that he was not so much as one of the free-borne people of england . this new doctrine they can prove ( as what could not the two houses do in those dayes , ) from the very forme used , by the king to those bills he fancied not [ le roy saviserà ] which ( say they ) is a suspension rather then a refusall of assent . a suspension ( if it must be called so ) was ever heretofore a thing of that validity , that during it , they are not able to quote one law ever reputed in force . if they thought the law to be otherwise , they might have done very well to have declared all the bills dashed , for so many ages , for want of the royall assent to be obliging laws . but ( alas ) that forme intimates another thing , not so pleasing , viz. that notwithstanding the two houses are the kings great councill , and have presented their advice in their concurring votes , yet [ le roy savisera ] the king may advise with other men ( as it is notorious in all chronicles to have been the practise ) and take their advice if he like it better . how little of a king they intended to leave him , see nineteen propositions sent the second of june in ( it is to be observed what i cite the parliament in its purity ( as the phrase is , ex. col. p. . the summe of all which are , that all peers , iudges , councellers , officers , civill and military may be approved by themselves , all ecclesiasticall affairs , forts , castles , pardons , censures , new oaths , the mariage government of his own children , may be at the disposall of the two houses . after the forementioned declaration of may . the ordinance concerning the militia , these propositions , i would willingly know in what consists the authority of the king , which mr. b. saies , he and they swore , and fought to defend ; certainly they could not call him soveraign without a jeere . if the houses have once this power , let them be sworne to defend us , and no longer let us mock god , the king , and the world with giving an oath to a man to do that we our selves have rendred it as impossible for him to do , as the chaire in his presence chamber . the king complaines in severall of his declarations , particularly that of august the . . of severall insolent speeches which passed in the house of commons unreproved , as of mr. martin that the kings office was forfeitable , that the happinesse of this kingdome did not depend upon him , nor any of the royall branches of that stock , and of sr. henry ludlow , that he was not worthy to be king of england . p. . ex. coll. he tells them plainly in his answer to their declaration of may . . that of that monstrous language by the help of god and the law , he must have some examination . ex coll. p . but it may be said these things were done in the height of passion , when the sence of those grievances they lately fancied they felt , was fresh upon them . afterwards they were more moderate : as i have shewed how the parliament went at the very beginning of the warr upon those principles , their freinds now would be thought to detest ; i will briefly demonstrate they went by the same when the warr was ended , even whilst it continued presbyterian , for i shall not once mention what was done after the seclusion of members by the army , and shall quote no historian but him who wrote alwayes for the parliament mr may who in his historiae parl. breviatium , p. tells us , that on the fiftteenth of july . there were propositions sent by the hands of some lords , and commons , and commissioners for the scots the king looked upon those proposals as derogatory to his crown , injurious to his people , as inconsistent with the quiet of the nation , as of his own conscience , and therefore demurred upon them . the earle of lounden tells the king in a trim oration , that unlesse he will agree to those propositions which himself acknowledges very hard ones , it is to be feared , he would be deposed , and the nation setle in another way of government without him or any of his posterity . the king resolved , he would not give them his crown , they must take it forcibly if they would have it , after that , he was their prisoner , now he was from his evill councill , one would have thought they would have desired him at least , not have denyed him to come nere his parliament . his usage was various , sometimes their malice made him know what it was to be confined , other times more civilly bitter , it allowed him as much ceremonious royalty as might put him in mind of what he had been . about dec. ( for want of something else to do ) they treat with the king , but he must grant foure previous propositions , the first and last of which would serve to dethrone him , and the other two to affront him , which certainly they would never have asked , had they not resolved to be denied . but great ills cannot be maintained , but by acting greater , they would not allow the king any power , because they feared what they deserved , as it is usually seen , that they that sin beyond all example , think they sin beyond all possibility of forgivenesse , so these ( though they might have had the greatest provision for their safety , themselves could imagine , so that they needed fear nothing , but guilty consciences ) thought the king and themselves could not both be secure . wherefore , on the third of january the kings refusall tofigne the bills was wholy debated , & it was strongly urged , how the king by denyall of those bills , had refused to protect his people , ( viz. ) by denying to part with the militia , without which it is impossible he should protect them so much as a constable can ) upon which score their sub●ection was no longer due , it was time for them to think how to settle the nation without him , accordingly upon mature deliberation they frantickly resolve upon it , and on the seventeenth of january vote , they will never make any addresses more to the king , nor receive any message from him ] may breviarium hist. parl. p. . at the beginning of the war it was necessary for them ( though they did act quite contrary ) to say they would make the king a great and glorious king , and it was not impossible , but some fools might beleeve them : but that after these votes passed , publ●shed and maintained in a declaration set out to that purpose , & suitable usage , they should dare to this day to professe they alwayes were for the king , his person and authority , is arrogantly monstrous , unlesse at the same time they voted away their princes liberty they thought they could vote away his peoples reasons too . it is true , they afterwards recalled those votes , and sent some termes to the king , which the necessity of affaires caused him to condiscend to , but if it he remembred what previous concessions there were , what an odious preface , how harsh the propositions were to the disparagement , as well as the undoing of all his friends ? what fear themselves were then in of their own army ? will think the king obliged to thank them only when he hath nothing else to do ? how well the pretences for the king have been seconded , with unfit performances , hath been in some measure seene , the next enquiry must be about the peers ; whether the pulling the sun out of the firmament , hath been an effectuall way to make the starrs shine more gloriously . the bishops at the beginning of the parliament , were at the least so many barons ( if not the third state ) and had as undoubted a right to fit there , as the law could give , to any man or men of this nation , they were a more ancient ( i add , and a more considerable part of the parliament then the whole house of commons , as having part of the judicative power in them , which the other had not ) yet were they affronted , menaced , and endangered by tumults , which the lords would have suppressed , and the commons encouraged . but of this before , the lords ( seeing the commons would not joyne ) appoint a writ ( by the advice of the judges ) to be directed to the sheriffs and justices upon divers statutes ( which issued accordingly ) to suppresse and hinder all tumultuous resort , in obedience to which the justices and other ministers appoint the constables to attend about westminster , to hinder that unlawfull conflux of people , which the commons without any conference with the lords , to know upon what reason , or what law that writ was grounded , vote it a breach of priviledge , and send one of the justices to the tower . ex. col. p. ● . the bill concerning the militia ( a most considerable bill ) was sent to the king by the house of commons alone , notwithstanding the express refusall of the house of peers , as themselves confesse . ex. col. p. . however , they may talk they were for the old constitution of king , lords and commons , it is evident the grandees were for neither full and free ; but so many of each as would serve their turne . after the bill for the militia had been rejected twice in the house of peers , it was contrary to all law , reason , presidents , forced upon them again , and to fright the peers into agreement , it was said there . [ that whoever would not consent , &c. was an enemy to the commonwealth , ] and the same day mr. hollis , contrary sure to the freedom of parliaments , demanded to know who were against it ; much to this purpose may be read in ex. col. p. . . what was that ridiculous proposall that the minor part of the lords might joyn with the major part of the commons , that threatning petition that they might protest against the dissenting lords , and that other , that the good lords might sit in the same house with the commons , but devices to aw the peers ? what was the unparliamentary course of forcing bills upon the house of lords after severall times being cast out , but a down right telling them , they were resolved to take no deniall . the house of commons made an order against an established law , concerning the common prayer , the lords made an order for the observance of it , which the commons very mannerly declare against , the nineth of september , ex col p . the house of peers was certainly of very great authority , when an order of theirs in behalf of an established law , was not equivalent to one of the lower house ; in direct opposition to an established law again , the protestation being so early , whatever the meaning was , the termes in common prudence ought not to be too offensive , but presently they perceived that their surest friends the haire-brained sectaryes would not endure to be bound [ to observe the doctrine of the church of england ] whereupon those words in the protestation were explayned by a declaration of the house of commons onely , to be intended onely so sar , as it is opposite to popery , the house of peers taking an oath , to be too sacred to admit of so jugling an interpretation , refused to joyn with them in it . presently the house of commons ( who would accept of the peers assent , when it might be had , and when it could not , would act without it , so excellent observers were they of the ancient constitution ) voted it by their sole authority , that all people who would not take that protestation so interpreted , unfit to bear any office in the common-wealth after all these actions , i hope a few good words will not acquit them : nor will it signify any thing with intelligent men , what is next urged . that , the covenant was for king and parliament . the covenant is lyable to more exceptions then at present i am willing to take , the very designe was extreamly scandalous , and as great a blow to religion , i am perswaded , as it ever recei●ed in the world , as representing it ; to be the parent of the worst of vices , rebellions , sacriledge and perjury : some men have adventured to teach , that god is the author of all sin : these men come very neer them , that can do the worst of villanies upon his score , fear god and break his commandements ; and all upon the newly revealed doctrine of piety and plunder . surely , humility , patience , self-deniall , taking up the cross , loving enemies , praying for persecutors , are things commended only to pusillanimous and morrall men . hath the spirit that came down upon christ in the forme of a dove , appeared since in the shape of a vulture or a roman eagle ? was it weaknesse , not religion , that kept the primitive ch●●stians obedient ; must whatever they said about rebelion be construed with this tacite reserve , untill we have an opportunity . we read in scripture of a blessing laid up for those who in defence of christ and his truth part with their lands , houses or life ; but not of any for those , who upon that score invade other mens ▪ that there were no rewards appointed for those who killed tyrants , buchanan esteemed it as a defect in policy , and it is one in religion too . he might as easily observed it to be an omission in the law of god as man . the quarrel was not then about doctrine so much as discipline , our articles were esteemed orthodox , our discipline not appostolick enough : their discipline in terminis in scripture , and as a command to introduce it with fire and sword , in defiance of prince and laws , are surely to be found in the same chapter . these tender consciences are very prety things , that dare not conform to an indifferent ceremony , in obedience to all the authority the law of england takes notice civill or ecclesiasticall , without an expresse command or example of christ or his apostles ; and yet without either , can take up arms against their soveraign , plunder and slay all , whose consciences are not of the same size . the covenant ( not to mention upon what grounds they who at first idolized it , do now look upon it , as an abominable idoll ) lyes open to very just , and very many material ob●ections ; it being my businesse onely by the by ; i shall onely intimate those that are so obvious , that they cannot escape a very ordinary observer . first , it is directly contrary to the oath of supremacy , formerly taken , wherein they swear , the king to be the o●ely supream governour in all causes as well ecclesiastical as temporall ; which power they there swear to defend ; and by resolving to reform the church without , nay against his direct command , they now as absolutely ( with an oath too ) deny it . secondly , it is contrary to the oaths of canonical obedience to their ordinary , bishops , chancellors , &c. which those of them which had entered into orders took , and conscienciously observed by swearing their utter exterpation ; a government they by subsciption testified to be lawfull , which judgement many of them were known , never to change till it was their interest ( the late usuall season of conversion ) so to do . and some think a good bishoprick would seduce many of them to their old errour again . thirdly , ecclesiasticall affaires never were , nor can be by the law of england ( which they broke even in this very act of covenanting for the laws , as they said ) consulted on in parliament , but onely to have ( the civill sanction ) and that after ( the law is expresse ) they have been determined by the clergy in convocation : see [ the reformation of the church of england justified ] a whole book to that purpose . now whether the assembly of divines , being not called by the king , who alone hath power by the law to do it , nor elected by the clergy , who alone have power to send ( the true convocation not dissolved ) may be called , the clergy in convocation : i will leave to any one to determine , and onely observe , that as in other illegall acts , the late powers proceeded according to their example ; so in this particularly , their naming what members they pleased , without election of the clergy , to sit in the assembly , was a fit president for oliver cromwel to call whom he pleased , without choice of the country , to sit in the little parliament . the state and church was pulled down the same way . fourthly , the covenant could not be imposed , according to the doctrine of the long parliament , who ex col. p. . tels us , men are not to be compelled to be sworn without an act of parliament , which certainly , the votes of the two houses are not : i shall not prosecute these things any further , but observe some few particulars in the covenant it self ; and onely wonder , with what face ( not to say , with what conscience ) men , the professed champions of our liberty , and of no part , so much as our consciences , in regard of oaths , imposed even by an unquestionable authority , could on the sudden use such barbarous rigour toward the freeborn people of england , for not taking that oath , which themselves had ( according to the fore-cited doctrine ) no power to impose ; and the others had the ●ommand of the prince , law , and unanswered reason to refuse ; at least , they could say what themselves once thought enough , it was against their consciences . we shall now examine , whether there is any amends made in the materiall cause , for the faultinesse of the efficient ; and there is a presumption that it is so ; sure , such good men would not involve their country in the miseries of a war , resist their prince , but in an order to a thing that was very excellent , if not necessary : that assertion in the preface which gives chief countenance to the undertaking , is a most horrible falsity , that it was [ according to the commendable practise of these kingdomes in former times , and the example of gods people in other nations . ] england hath behaved her self so commendably , that it is impossible to make it out , to have been her practise : whosoever swears it to have been , untill he can produce his instances , if he doth not meet with very charitable persons will be looked upon as one horribly perjured : the churches of god ( if there were any before presbytery rebelled into a being ) whose examples may be rules to us ; must be either the holy men before the law , under the law , or the primitive christians , beofore religion was made a bawde to interest . he that thinks there can be a thing fetcht from their doings in favour of this league , let him serve that cause so far as to attempt [ the history of covenants ] and see how many examples he can produce of fighters with their prince , for not introducing a form of worship they better liked of , than what was by law established . the covenants we read of in scripture , were not against the king , but with the king , nor when the kings refused , doe we read that the prophets ever exhorted the people to such attempts . but no remedy ●here is , men must be undone , unless● they will swear with hands lifted up to heaven ; this matter of fact , though they do not know it to be so ; nay , though they know it not to be so ; and which is prodigiously strange : one of the first argu●ents that commended it to the world , is a direct contra●iction to this assertion , when the covenant with a narrative tells us , that there never was such a thing seen in the world before . it might be observed , that errour is far incorporated with her tenents , that what is true in it self , is false when they speak it ; as almost the very first word [ all living under one king ] according to the declaration of may . . and the ●octrine that ●ustified the war from being treason , though against the king , be●ause he was not king in his personall but politique capacity , i. e. the two houses , to war against whom , by that law was treason : according to this , i say we have three kings in as much as we have three parliaments in the three nations ; and in my weak judgment , appointing all officers , declaring who are offenders and uncapable of mercy ; resolving to reform church and state according to their own modell , against the kings expresse will and command , are no great evidences of living under him . the first article is , to endeavour the preservation of the religion of the church of scotland , in doctrine , discipline &c. the reformation in england , ireland , according to the word of god , the best example of the best reformed churches , and to endeavour to bring the three kingdomes to uniformity in church government , &c. by those words , according to the word of god , they use to mean prescribed in it , upon which , where do you finde such or such a ceremony was the common question : but so , the forms of worship in scotland used in marriage , burial , preaching , discipline by classes , assemblies , higher and lower , are not so well known in england ; muchlesse so clear in the word of god , that every artisan can in an instant be so assured , that they are there as to swear it in judgement : this oath is by so much the more oppressive & intolerable , that it is not satisfied with a quiet submission to , and a patient enduring of their intollerable insolencies ( in which respects it is more barbarous than the engagement ; ) but obliges every man zealously and constantly to premote it . there is in this article more jugling then is tolerable in so sacred a thing as an oath ; their friends being of so severall parties , neither of which would be content , the church should be reformed according to the others modell ; there are several words put in which that party , which wit or strength , or accident shall set uppermost at last ; may interpret to their own sense , i● e● advantage . to please the presbyterians : the church of scotland , doctrine and government is sworn to be preserved , and all the three kingdomes to be brought to the nearest conjunction and uniformity in confession of ●aith , church-government , directory , &c. now this can be compassed no otherwise , then by reducing all to the pattern of scotland , that being before sworn to be preserved . but that the sectarian brethren of no sort may be displeased , the word of god is expressely said to be the rule , by which each sect were sure of carrying the cause their own way ; and if any had a peculiar fancy to new-england , or any other church ; he thought better of , the term of the best reformed church , secured him to them ; and he was by that assured the day was approaching , wherein the men of his perswasion should triumph ▪ that the covenant was taken in the various senses , and with different hopes every one knows , and that the ambiguous penning gives each party ground for it , it is fondnesse to deny . to please those who were for church-government , they covenanted against schism , but least they should displease those who were against church government , they could never be brought to proscribe ( nor while they had use of them , to fight against the king , so much as to tell who were ) schismatick . surely , conscientious men , who had sworn to extirpate schisme , heresie , and whatever was contrary to godlinesse , would have thought antinomians , ana●aptists , &c. or some other of those hard names that then swarmed about the city , to have come under that head ; but in the same sense , as fighting against the king is being for him ; being against schismaticks , is putting armes and offices into their hands . the common enemies , this oath engageth men against , must not be explained too far , least it discourage their best friends , papists and prelatists may safely be named ; for the rest mr. henderson explicated them to be the syrians and the babylonians . the second article , is to extirpate , archbishops , bishops , &c. whom ( there being no need ) i shall not at present plead for , only this , that government in the judgment of very many covenanters , clergy and lay , was inexpedient onely , and not unlawfull , upon whom the guilt of perjury lyes very heavy , for breaking their former oaths , leavying war against their king , disturbing the peace of the nation , turning so many gallant men convict of no crime , but their lands , which other men had a minde to be guilty of , and they had as good a right to as the law of england could give ; and all upon the sole point of inexpediency : into this point i shall dive no further ; but take some small notice of the reason here rendred , for this certainly illegall act of pulling down that government of the church , without the kings authority , lest they be partakers of other mens sins . i doe not apprehend that ever i read words more destructive to every government , and to the peace of every nation in the world , they sound thus ; [ whensoever there is a government or form of worship in the church , which we doe not believe to be according to the word of god , we are bound in conscience ( nay they of another nation are , as the scots were to us , who upon this reason , vow to extirpate our bishops ) to take up arms , though it be against our king , and reform , for if we doe not , we make our selves guilty of other mens sins . ] a proposition that creates a perpetuall apology for crafty men , and justifies , nay , necessitates the vilest attempts of deluded ones . the anabapt●●s in germany did , the separatists in queen elizabeth's dayes attempted no more then this warrants . if this doctrine were true , i wonder the prophets and priests of old , that lived under idolatrous princes were nor carefuller of their own souls , and lift up their voice like a trumpet in another sense , than the scripture mentions them to have done . there cannot easily be imagined greater occasion for such irregular proceedings , if they are at all justifiable in any nation , then in the jewish ; their princes being so often and so strangely guilty of idolatry , ( a crime clearly by their law described and forbidden ) yet we doe not finde that the people ever thought themselves , or the prophets ever told them , they were obliged to attempts of that nature . i will use my pen no longer in this argument , because it ought to be confu●ed by the sword of the civill magistrate ; sure i am , it will pull down every government , that doth not pull down it : more especially , by reason of that clause in the conclusion , wherein , each private man swears to go before other in the work of reformation , words of very horrid import , as obliging every man to disturb the nation in pursuit of his own or anothers dreams , if he could but fancy it to be a reformation ; their full latitude might have been understood , if wallingford house men had continued much longer , possibly not to the good liking of the first contrivers , but sure to their eternal infamy , who first infused into men such pernicious doctrine , and then because the horridnesse of it would affright men of any good nature from it , bound them to it by an oath ; and lastly , gave them swords into their hands to justifie the most desperate conclusion , the maddest can draw ; and all this , as they shall answer it at the great day . a little after , they expresse a right presbyterian spirit , a vehement desire to see all christendome in a flame , that , their proceeding may be encouragement to other christian churches growing under , or in danger of the yoake of antichristian tyranny to joyn in the same or like association or covenant . in which words , all people whose princes are papists ( or something else , which they did not stick formerly to call antichristian ) are absolved from their obedience and encouraged to rebell , and those who are not under the yoke yet : if they are in danger of being so ( and how small a thing creates such a danger , england may remember ) they may be rid of that and their allegiance together , and provide for their security as they please . here is a great want of prudence to give forraign princes such timely notice , of such projected rebellions , and of the men they are in danger of : and a great want of charity to forraign churches , to represent them all as enemies to the state , whereby they may be put out of their good esteem if not protection . but some men have preached and printed , not onely down-right po●ery but prelacy also , and ceremonies also to be an antichristian yoke , and to be in danger of it , hath been formerly accounted to tolerate some things now used ; what in their judgment is to be done in such a case , i must not repeat , least they should say i had a design to ●ender them suspected , and so odious to the present government ▪ i shall conclude this point with this one note , the doctrine that allows private men to resist magistrates , upon the score of religion , is in it self so horrid & black in its consequences , that none dare own it , that can defend themselves any other way , accordingly the fancy of the coordinate power of the two houses was entertained with mighty applause , by the brethren of the presbytery , because it salved this grand objection of rebellion ; a sin ( which after that happy discovery of their being free from ) they disclaimed against , no men more : prove the king supream , and then i will yeeld myself a rebell , so mr. baxter in his preface ; and so they all acknowledging it unlawfull for subjects to resist their soveraign , contrary to language of the former pamphlets , rebellion : they gladly acknowledged to be a sin in all men but themselves ; but that device of coordination , suiting onely to this particular juncture of affaires , by no means serving to acquit the scots tumults , or armies , or to incense their brethren beyond sea , they having no parliament , or of no such pretence of share in the government , and very like to oppose such designes , if they had any such power , the covenant revives the former doctrine , and advises the churches beyond ●ea to set themselves free , as if errour in points of belief did deprive princes , ( though it doth no man else ) of his natural or civill power or rights : thus are they loath any one nation should be peaceable or prince happy . we shall now examine that clause of the covenant , themselves so much boast of , viz. that concerning the preservation of the kings person . to preserve the kings person and authority , in the preservation and defence of the true religion and liberties of the kingdome . that they deprived the king of all authority , is proved already , that his person was not the king , themselves acknowledge and contend for , ●rgo , he is not at all provided for in this article . that the putting the king to death was no breach of covenant ; i might prove many wayes , but i shall refer mr. baxter to mr. goodwin his fellow-labourer in the war and word ; who in the defence of the honourable sentence , argues thus , shrewdly , i think , ad homines , p. . he was not then a king , but a subject , and so lyable to processe of law ; for that blood they so often preached him guilty of , deposed he was ( saith he ) by themselves and their party ; when they denyed subjection to him , withdrew their obedience from him , acknowledged a power superiour to him , viz the parliament , leavyed war against him as a traitor , as an enemy to the kingdome , chased him from place to place , and at last imprisoned his person , and there was no clause in the covenant , for the preservation of a person that onec was king . nor doth this article promise us any thing better , when they shot their cannons directly at the place where their treacherous informers discovered the king to be ; they said , it was in his defence , because in the defence of the two houses , where his authority ( forsooth ) resided . another cast of the same logick may make it out , that deposing , nay killing the king , if in the defence of true religion shall be preserving him too , because in defence of that , where his person may as properly be said to reside , as his authority where they placed it . this article at the best is but conditionall , if he defends what they please to think or call the true religion , and the liberties of the kingdome . and what his performance was in their judgement , i might cite almost all their sermons , pamphlets , declarations ; but i will content my self till further provocation , with the admonition of their gude brethren of the kyrke of scotland , may hist. p. that he was very much guilty of idolatry , prophanenesse , of the murder of many thousands of his best subjects ; with much more to that purpose . if i delighted to render the presbyterians odious , here i might do it to purpose , but transcribe some of their sermons , and the work were done . i shall for this time forbear , and onely use a little , which is necessary to my purpose , and commonly known , and already taken notice of by mr. goodwin , whose book lying under so publick a censure , is very like to be read by most : mr. love in his sermon at vxbridge , told us , that the late king was the troubler of england ●s achan was of israel , subjoyning , it was the lord that troubled achan , because he troubled israel oh that in this our state physitians would resemble god , to cut of those from the land who have distempered it ! melius est ut pereat vnvs quam vnitas ▪ in the same sermon , men wh●ly under the guilt of much innocent blood , are not meet pers●us to be at peace with , till all the guilt of blood be expiated or avenged , either by the sword of the law , or the la● of the sword . the independents 〈◊〉 themselves out of the presbyterians principles and practises , g●odw defence p● . the ministers of london themselves , and the church of scotland , charge him , being the greatest delinquent , guilty of the blood of hundreds of thousands of protestants , the blood●est man under heaven : he was summoned and arraigned in the sight of god and his people , curst and 〈…〉 worse than any 〈◊〉 or 〈…〉 exhortation to curse all those in the name of god , that made not war a●gainst him , as bitterly as meroz was to be 〈◊〉 , that went not out against the canaanitish king : almost in all the sermons , prayers of seven years . he was called , opprobium generis humani , the most bloody monster and miscreant under heaven . that i am so civill 〈◊〉 to spare names , i might use in this argument , i hope , will procure thus much , that mr. baxter if he thinks fit to reply will do it fairely and calmely ; however , my advantage is not quite lost , but remains still to be used at pleasure over persons , he very much esteems ; and for their sakes i believe , i shall fare the better . that they preached against putting the king to death , the presbyterian ministers urge strongly and with much applause 〈◊〉 themselves , though indeed it signifies as much as just nothing ; the reason is clear , while the parliament declared , and the army fought for , presbytery and the king opposed it , none were more vehement obstructers of all the designes tending to his restitution then the ministers ; for so long they had hopes by that means , that all the lands , power of the bishops , deans , and chapters , the best parsonages should be divided among them : but when the independents out-witted them , and seemed to have perfectly learned their lesson they taught them of declaiming against something , as an humane invention , in the form of worship of those whose lands they longed for ; then and not till then , they would have been content to have joyned with the king against that army , themselves had joyned with and raised against the king . when the votes no further addresse were first passed by men they had hopes of , which of them then abhominated the dethroning of their prince . i shall make this quere ( if it be not absu●d in so clear a matter to make a quere ) whether if the parliament and army had joyned together as one man to set up high presbytery , divided the church lands among them , and the king had refused to yeeld his assent to such illegall acts , they would have pleaded the covenant in his behalf , and thus loudly talked for his restitution to his authority , let their friends speak . that upon such terms as they pleased , they would restore him , is no more then the very army would have done , who after the sentence passed , came and offered him conditions . they merit the lesse by their last appearing ( as they call it ) for the king , in as much as in that juncture of affaires , it seemed very unlikely they should-subsist without him : the cove●ant were exploded every where ; the army called it a carnal thing ; the sectaries in the city , said it was a thing ridiculous to unhorse episcopacy and set presbytery in the saddle ; to be rid of my lord bishop , and doe twice the homage to sr. john presbyter ; their own arguments were retorted upon them : the apostles were not lord bishops , shew where they had their thousands per annum changed into ? the apostles were not parochial ministers , shew where they had tythes that at such a time as this ? they would have been content to have been maintained by the common enemy against their best friends , is what they think highly obliging ? this was that great piece of loyalty , they would have had the king saved , when it was the onely way to save themselves . a king deposed is surely not looked upon as a king , by those who depose them ; now if imprisoning , passing votes of no further addresse , doth not depose a king ; i would fain know what doth ? being in that condition , and guilty of so much blood as they all along declared him to be , when those words of the covenant , of bringing all delinquents to justice without respect of persons , should have come to be considered ? how much further they might have proceeded , had not the power been snatched out of their hands by their servants , as themselves had done to their master ; i leave to their past words and works to declare ? they did indeed recall those votes of no addresse , and treated with the king , but it was when they could no otherwise be rid of the army , but by joyning with the king and nation against them ; and even then , they so perplexed the king , and protracted time with terms and punctilio's of procedure ; and were so dissatisfied , with whatever the king offered , whilest they had the shadow of any power , that the army had opportunity to break off that treaty the houses would not end . that part of the covenant that concerns the priviledge of parliament , mr. baxter and his side are very confident they have inviolably observed ; let us and them consider what was before said of the tumults and the scots army , the affronting and assaulting the bishops , and other lords ; the posting up of the dissenting members names of both houses , and which is above all , their illegall turning men out for having a hand in some patent , monopoly or other , which they might as well have done , for having been guilty of any fault ; having red hair or a roman nose ; which action , whether it did not null all their proceedings , eo ipso , as making it no house , by fecl●ding men fairely elected , some make a very great question . before i take the covenant , i shall make this one not unreasonable request , that i might know the priviledges of parliament first , and swear to them afterwards ; one example may not be tedious . on the d. of january . it was declared , to offer to arrest or detain any member without first acquainting the house , is a breach of priviledge , ex. coll. p. . the palpable absurdity of this doctrine being discovered by the king in one of his declarations , and other treatises in novemb. ● . . they declare they ●ave no such priviledge , but that any minister of iustice , may arrest a member without order from the house , and detain him in custody till be may be brought to parliament . whereas i represented the covenanters to be pernicious enemies to every government , their dealings with our late tyrants , force me to retract part of that assertion , or at least explain it , so as to be intended onely of lawfull ones ; for to usurpers they have shewed themselves friends and true subjects . they will not molest their prince , no not for their covenant ; provided he hath but a bad title , let them see right trampled upon , they are contented , they ask no more . the reasons of which prodigious dealing are these , i am bound in conscience to submit to the present government ; first , because a full and free parliament ●at● owned it , which is notoriously , the consent of the people ; which is , the evidence former princes had to justifie their best titles . absurd , absurb , absurd ! and it is the opinion of grotius ( upon mat. . . that private men are not judges of the controvertible titles of princes ; and christ commanded to give 〈…〉 was in 〈◊〉 . the 〈◊〉 assertion , that the consent of parliaments was former princes best title , hath in it , i know not whether more of non-sense than treason ; it sounds certainly strange in the ears of english-men , who have been hitherto told , that there was no interregnum here , the death of the former prince , being all that was required to compleat the title of the latter , whom no act , no not an attainder in parliament could debar from his throne , the parliament deriving its authority from the writ of the prince , without authority from whom as king already , they could not have met : ●ut here by the glorious name of parliament , he means onely the house of commons , the other house being not at all elected by the people , and so not involving their consents . now that the house of commons may give away , the heire of the crown , and all the peers native rights , to whom they please , even the meanest and most wicked varlets is one of their very new priviledges . but christ bad us pay tribute to caesar because he was in possession . between which case and ours , there is this difference : there the lawfull magistrate receded from his right , which in our case was not done ; the romans title to that being not ( as in most other places ) meer conquest but dedition . aristobulus the younger brother getting possession by wrong : hircanu● the elder parted with his right to the romans , on condition they would conquer it by their armes : he chose rather by their help to rule as a deputy of theirs , then to keep a more noble title , he had no likelihood ever to enjoy ; see dr. hammond on the place : the romanes then had the right of him who had the very right ; the onely remaining difficulty is , how c●sar came to have the right of the romanes , which notoriously was in the ●●nate and people : to which i say this , the senate and people upon what inducement , it concerns me not to enquire at present , laid down their claim , parted with their power , submitted to , and acknowledged the emperours to be their very good lords : pusillanimously i must confesse , and their own historians proclaim it , but quilibet post credere juri su● ; if they parted with their right to c●sar , then c●sar ●ad it . king charls never did so , and res inter alios a●●a 〈…〉 debet ; i may now confidently say , this example reacheth not the question ; but if it did , paying necessary tribute is one thing , writing fine daintily fi●e canting epistles is another , but this i will not at present urge , because mr. baxter shall not say i endeavour to disgrace him , but onely commend his , or his friends discretion , that one of his prefaces , viz. that before his book of church government is very rarely to be met with of late times . this argument tempts me to put this one question , by what name are those ministers of this nation to be known , that had rather richard cromwel should have raigned then king charls● i have now gone over so much of mr. ba●ters books , as seemed in any degree argumentative ; i have left out much which i might pertinently , and truly have urged , because i would not mention any thing which might seem exasperating : for i could heartily wish the parliament could passe such an act of oblivion , that all that is past may be not only pardoned but forgot : there hath certainly so much of folly as well as impiety been seen in our late proceedings , that it were much for the credit of this present age ; if posterity would give as little credit to those who tell them these things were so , as we fools did to those wise and honest men , who time enough before hand told us they would be so . if any thing in these papers seem offensive ( though i have taken all possible care nothing should ) to some men , who think the onely way to secure their honour and innocence is to be angry , i do assure them , the rubbing upon the sore places , was not to hinder the healing , or to vex , and inflame the distempred parts , but onely to free them from that errour of taking themselves to be whole already ; if any thing here may be of use to any reader , i shall think my pains well bestowed , however i shall at any time gladly hazard , mor● then alittle labour in the service of that cause i plead for . finis . errata . the message from the hovse of commons to the lords by bulstrode whitlocke and presented to their lordships by him. whereunto is added his maiesties most gracious answer to their message, february , . whitlocke, bulstrode, - or . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing w ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing w estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the message from the hovse of commons to the lords by bulstrode whitlocke and presented to their lordships by him. whereunto is added his maiesties most gracious answer to their message, february , . whitlocke, bulstrode, - or . charles i, king of england, - . [ ] p. printed by e. griffin, london : . a discussion of measures to be taken against the irish rebellion. the kings answer appears in paraphrase only. reproduction of original in the harvard university library. eng ireland -- history -- rebellion of . great britain -- politics and government -- - . a r (wing w ). civilwar no the message from the house of commons to the lords, by master bulstrode whitlocke esquire, and presented to their lordships by him. whereunt england. parliament. house of commons c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - judith siefring sampled and proofread - judith siefring text and markup reviewed and edited - pfs batch review (qc) and xml conversion the message from the hovse of commons to the lords , by master bulstrode whitlocke esquire , and presented to their lordships by him . whereunto is added his maiesties most gracious answer to their message , february , . h. elsinge cler. do . com. c r london printed by e. griffin , . at a conference of both houses in the painted chamber , reported againe as followeth by the lord roberts to the house of lords concerning the importance of imbracing and promoving the designe of those petitioners who desire and hope that the state may be eased of the charge of the irish warre , by the undertaking of particular adventurers in the houses of parliament , london and the rest of the kingdome . master whitlocke , who managed the conference , acquainted my lords , that he was commanded by the house of commons to present a vote of that house to your lordships , which being read , he afterwards proceeded . that whereas your lordships were pleased to returne thankes lately to the king with the house of commons for his maiesties favour expressed in the passing of two bils much importing the safety , quiet and content of this kingdome , and the king had thereupon recommended to both houses the care of ireland , so as these propositions read to your lordships even with relation to that message , were seasonable . then he offered by way of pretension , something concerning the tytle , which was , the vote of the lords and commons . this he knew your lordships understood to be but matter of forme , for your lordships consent was that , which must make it to be so . he then proceeded and offered to your lordships three motives , each begining and concluding the entertainement of this course . the reducing of ireland . the proffit of the king . the ease of the people of england . for the first , ireland was in that condition , as not onely the civill power , which was wont to be the former quarrell , but now even religion , the rooting up of the protestant religion , and extirpation of the english is the quarrell . the rebels are so audacious as to scandalize the king and queene ; and the question is not now , whether irish or english , but whether the protestant or popish religion shall stand in that kingdome ; this rage of theirs stayes not there ; they intend to stayne this land with the bloud of protestants . the life and soule of religion is now at stake , and hee made no doubt every good protestant will lay downe his life and fortune for the preservation of it . then he came to the second motive , which he amplified , first by way of disadvantage , and shewed , what a losse it would be to the king , to be bereaved of that large and fruitfull island , which was a third part of the kings dominions , yea a third kingdome . he then shewed how much the preservation of it conduced to the kings profit , and how improveable this would be , by keeping that : now was the time to make him a through king there , and to esta●lish the throne , which had bin disputed and ●ottering in that realme these yeares . he then proceeded to the third motive , and said the people of england , have lately undergone many and heavie payments ; he meant not those illegall payments , which were a just punishment , to such as would submit to such uniust charges , but he spake of the levyes by parliament , the burthen whereof together with the decay of trade , our neighbours in the country were very sensible , by those propositions reade to your lordships , the poorer sort will be eased , the payments made easie , because voluntary , and thereupon will be many and chearefull givers , who must ever have the honour of a memory to have contributed to so good a worke ; so as where profit is an ingredient with piety and loyalty , the plaister will be sooner applyed to ireland . when therefore our duty to god , and the king , may invite to so good a worke , he doubted not of your lordships concurrence with the house of commons for the good of that , which was the good of the kingdome . having said thus much in generall he offered some thing to the propositions in particular . that whereas the first proposition demanded two millions and halfe of acres for the undertakers , which might at first sight looke as a great demand to such as know not the extent of that kingdome which is computed by those who well understood the latitude of it , to containe . millions of acres , and therefore to take out two millions and halfe , when two parts of three of that kingdome are in open rebellion , is not so great a demand , as may at first sight appeare ; and the proposition conduceth much to the raising of rent to the king ; he said it was well knowne that the revenew of the exchequer , and court of wards in ireland , did not exceed the summe of l. yearely , besides the customes which your lordships found not great , except in monopolies and undue charges , what ever the customes are , they will be by these propositions much advanced , or thousand pounds a yeare rent will accrew to the crowne by the reservations in them exprest , besides millions and halfe of acres , over and above the two millions and halfe desired in the propositions left to the kings disposall . the other propositions which are for the manner of bringing in of the money are very necessary , nothing being of more consequence then to dispatch this warre . he observed out of livy , that the romans made their warres great and short , some they finisht within , some within , other within dayes , as with the samnites , latins , &c. he did not mention this , as though it were feasable for us to conclude this warre in so short a time , but onely to prove by the actions of that great state , that nothing is more advantageous to a state , then the speedy dispatch of a warre , and he hopes that if this money comes in , the warre of ireland might be brought to a short issue : he added that he remembred with griefe the former obstructions for ireland , but he now hopeth by the king and your lordships concurrences , that delayes will be turned into dispatches ; and this was necessary because forragine princes though now otherwise imployed , will be a wakened by a lasting warre , to take care of our affaires . he observeth the course of irelands first plantation , to suite much to this propounded . king william the first , gave leave to knights to goe into wales to get what they could and to plant themselves there , from those descended richard le strong bow , first earle of pembrooke , who made the first impression in that kingdome . of which geraldus cambrensis saith , that it should be maintain'd multis caedibus , crebris conflictibus multoque certamine , he hopeth the course now in hand will give a period to that conquest , and this prophesie , and that those intended plantations may be as prosperous to settle , as the former to gaine that kingdome . wherefore this worke being so full of piety , honour , and charity , none shall need to speake for it , the workes speake for it selfe . and so delivering the vote of that house to your lordships he concluded the conference . his maiesties most gracious answer to the message of the house of commons to the lords . his majesty being very glad to receive any proposition that may repaire the calamitie of his distressed kingdome of ireland , especially when it may be without burthen or imposition , and for the ease of his good subjects of this kingdome , hath graciously considered the overture made by both horses of parliament to that purpose , and returnes this answer . that as he hath offered and is still ready to venture his owne royall person for the recovery of that kingdome , if his parliament shall advise him thereunto , soe he will not deny to contribute any other assistance he can to that service by parting with any profit or advantage of his owne there , and therefore relying upon the wisdome of this parliament doth consent to every proposition now made to him without taking time to examine whether this course may not retard the reducing of that kingdome by exasperating the rebells and rendering them desperate of being receaved into grace , if they shall returne to their obedience ; and his majesty will be ready to give his royall assent as to all such bills as shall be tendered unto him by his parliament to the confirmation of every particular of this proposition , &c. h. elsynge , cler-parl . d. com. to the honourable, the knights, citizens and bvrgesses in the house of commons in parliament. the humble petition of sundry of the knights, gentlemen, free-holders, and others of the inhabitants of the county of suffolke, to the number of above . presented jan. . . this text is an enriched version of the tcp digital transcription b of text r in the english short title catalog (wing t ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo b wing t estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. b ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) to the honourable, the knights, citizens and bvrgesses in the house of commons in parliament. the humble petition of sundry of the knights, gentlemen, free-holders, and others of the inhabitants of the county of suffolke, to the number of above . presented jan. . . great britain. parliament. house of commons. suffolk (england) sheet ([ ] p.) s.n.], [london : printed in the yeare, . place of publication suggested by wing. reproduction of original in: jesus college (university of cambridge). library. eng great britain -- politics and government -- - -- sources. broadsides -- england -- th century. b r (wing t ). civilwar no to the honourable, the knights, citizens and burgesses in the house of commons in parliament. the humble petition of sundry of the knights, [no entry] a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - elspeth healey sampled and proofread - elspeth healey text and markup reviewed and edited - pfs batch review (qc) and xml conversion to the honourable , the knights , citizens and bvrgesses in the house of commons in parliament . the humble petition of sundry of the knights , gentlemen , free-holders , and others of the inhabitants of the county of suffolke , to the number of above . presented jan. . . humbly sheweth , that whereas by the blessing of god , his majesties grace and favour towards us , and the long continued labours of this honourable assembly , many grievances and burthens both in church and commonwealth ( under which we had a long time groaned ) are removed , which with all humility and thankfulnesse we humbly acknowledge , yet understanding that many bills tending to the honor of his majesty , the safety and welfare of this kingdome , have by this honourable assembly been voted and now lye in the lords house unpassed , by reason of the popish lords and bishops sitting there , as we conceive , by reason whereof together with the not execution of laws against the popists ( who not with standing through the providence of god , have been discovered and disappointed in many of their treacherous plots against the king and state ) they & their adherents are still emboldned in their mischievous plots and conspiracies , a lamentable experience of whose treasons and bloudy cruelties we heare is daily presented to this honourable assembly from ireland , whose dolefull condition your petitioners do much piety & bewaile . we therefore your petitioners being greatly distracted and full of fears of some sudden & cruell design to break out against the peace of the kingdome which puts us into an unsetled condition , & occasioneth a generall decay in trading , tending to the impoverishing of the nation unlesse timely prevented , and having most of us solemnly protested to maintaine the protestant religion against all popery , and to desend his majesties royall person , honour and estate and the high court of parliament , and to endeavour the union and peace of the three united kingdomes , doe humbly and earnestly pray , that this honourable assembly will be pleased to improve all good meanes that the popish lords and bishops may be removed out of the house of peeres , that this kingdome may bee secured , and our poore distressed brethren in ireland may be speedily relieved , that the lawes against popists may be put in execution , that delinqurnts may be punished and out former petitions against bishop wren and cur scandalous ministers may be speeded , and that all burthens in church and commonwealth may be removed , with the causes thereof . and your petitioners according to their bounden duty shall daily pray for a prosperous successe of this parliament . the answer of the hovse of commons to this petition , delivered by mr. speaker . gentlemen , i am commanded by the house to return hearty thanks to the petitioners for their love and care expressed in the first part of this petition , and the house is resolved to take the rest of the petition into their serious consideration ; and i am further commanded to tell you , that the house hath already transmitted bishop vvren to the lords . printed in the yeare , . an act for a seal of the parliament of the commonwealth of england. england and wales. parliament. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) an act for a seal of the parliament of the commonwealth of england. england and wales. parliament. sheet ([ ] p.) printed by edward husband and john field, printers to the parliament of of england, london : [i.e. ] order to print dated: die mercurii, januarii, . signed: hen: scobell, cleric. parliamenti. reproduction of the original in the british library. eng england and wales. -- parliament -- seal -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no an act for a seal of the parliament of the commonwealth of england. england and wales. parliament. a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion an act for a seal of the parliament of the commonwealth of england . be it enacted by this present parliament , that the seal engraven with the arms of england and ireland ( that is to say , a cross and a harp ) with this inscription in the circle , that is to say ( the seal of the parliament of the commonwealth of england ) shall be the seal of the parliament of the commonwealth of england , to be onely used by order of parliament . and be it further enacted , that whosoever shall counterfeit the same , shall be adjudged and taken to be guilty of high treason , and shall be tryed in such maner , and undergo the like penalties as are appointed by any act of parliament in case of high treason . die mercurii , januarii , . ordered by the parliament , that this act be forthwith printed and published . hen : scobell , cleric . parliamenti . london , printed by edward husband and john field , printers to the parliament of england , . the lord russel's innocency further defended, by way of reply to an ansvver, entituled, the magistracy and government of england vindicated by sir robert atkyns ... atkyns, robert, sir, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing a estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : or : ) the lord russel's innocency further defended, by way of reply to an ansvver, entituled, the magistracy and government of england vindicated by sir robert atkyns ... atkyns, robert, sir, - . [ ], p. printed for timothy goodwin ..., london : . copy filmed at reel bound and filmed following wing a b, a and preceding wing a . reproduction of original in huntington library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng russell, william, -- lord, - . shower, bartholomew, -- sir, - . -- magistracy and government of england vindicated. great britain -- politics and government -- - -- sources. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - rachel losh sampled and proofread - rachel losh text and markup reviewed and edited - pfs batch review (qc) and xml conversion advertisement . there are lately printed for timothy goodwin , at the maidenhead against st. dunstan's church in fleet-street , these three books following . i. an enquiry into the power of dispensing with penal statutes . together with some animadversions upon a book writ by sir edward herbert , lord chief justice of the court of common-pleas , entituled , a short account of the authorities in law , upon which judgment was given in sir edward hales's case . ii. the power , jurisdiction , and priviledge of parliament ; and the antiquity of the house of commons asserted : occasioned by an information in the king's-bench , by the attorney-general , against the speaker of the house of commons . as also a discourse concerning the ecclesiastical jurisdiction in the realm of england ; occasioned by the late commission in ecclesiastical causes . iii. a defence of the late lord rvssel ' s innocency , by way of answer or confutation of a libellous pamphlet , intituled , an antidote against poyson ; with two letters of the author of this book , upon the subject of his lordship's tryal . together with an argument in the great case concerning elections of members to parliament , between sir samuel barnardiston plaintiff , and sir william soames sheriff of suffolk , defendant , in the court of king's-bench , in an action upon the case , and afterwards by error sued in the exchequer-chamber . all three writ by sir robert atkyns , knight of the honourable order of the bath , and late one of the judges of the court of common-pleas . the lord russel's innocency further defended ; by way of reply to an answer , entituled , the magistracy and government of england vindicated . by sir robert atkyns , knight of the honourable order of the bath , and late one of the judges of the court of common-pleas . licens'd , april . . . james fraser . london : printed for timothy goodwin , at the maiden-head against st. dunstan's church in fleet-street . . the lord russel's innocency further defended , &c. there is a pamphlet very lately published , which stiles it self , the magistracy and government of england vindicated . it appears by the following part of the title , to be no less than a justification of the proceedings against criminals ; impudently declaring in plain and express words , as also by all his subsequent discourse , that by the criminal he means the late lord russel . page . column . in the middle of it . and the author does professedly own , that the book is written by way of answer to a small discourse or argument lately printed , which bears the title of a defence of the late lord russel ' s innocency . it argues a transcendent boldness in this answerer , to call this noble lord a criminal , and to justifie those proceedings against him , which all honest men ever accounted no less than murther , under a pretence and colour of a legal proceeding , and to presume to publish such a discourse as this , after the king and the two houses of parliament have , by the most solemn judgment that can be given , pronounced that noble lord to have been innocent ; and thereby have done so great right to his memory , and that with so high a zeal , and so mighty a concernment for him , as the like cannot be shewn in former precedents . it is most evident , that the author was composing this scandalous libel even when he very well knew the bill was brought down from the lords to the commons , for reversing this noble lord's attainder ; and the author could not but observe with what zeal and affection the bill was entertain'd at its first enterance into that house . the author , by endeavouring to conceal himself , is from thence , as he plainly professes , encouraged to take the more liberty to lay about him in the dark ( as he fancies ) and thinks to escape ●nseen ; and not only strikes at the author of the lord russel's defence , but as far as in him lies , wounds that noble lord in his honour , whose justification and defence was so undertaken , and labours to overthrow that right and justice that hath been done by the supream authority of the nation . this is no way agreeable to a noble and generous soul , to come behind a man and strike him ; it rather follows the example of that devilish powder-plot , to destroy and blow up the king and both houses , and to do it in such a close and clandestine way , as it should not be known who hurt them : for he was too much a coward to set his name to it . but it is very easie to tell you what are the first letters of this author's name , without casting of a figure . his argument in law plainly speaks his profession , and what robe he wears : and his stile and phrase of speaking , having appear'd in so many noted tryals , as do in so many visible and legible characters disclose the author , sir r. s. does under his hand readily and utterly disclaim it ; and is heartily believ'd in what he says . this slanderous author acknowledges , that upon the lord russel's tryal some blamed the jury , most censured the witnesses , but very few arraigned the council or court. here it evidently appears how our author is concerned : first for the council , and then the court , and self hath the preferrence , though it be here with a breach of good manners to name the council before the court. page the first , he takes it heinously that any gentlemen of the long robe should appear in print to riducle their own profession , this grosly speaks our author one that was of councel in the tryal . et tu brute ? if it had been an open enemy , a doctor of the commons excersing his wit and raillery on the common law proceedings , then ( as he expresses himself ) this author could have born it ; but he did not imagine that satyrs and invectives upon past proceedings should be writ by lawyers . in reply to which it may be justly said , that when lawyers will make use of their wit and rhetorick , as this answerer has done , to boulster up an unjust and revengeful proceeding , and out of ambitious designs , to get or continue in favour , and to gain greater preferment , or shew their parts , will engage in causes of blood , and help to destroy the innocent , and be instrumental in subverting the laws and government , it is every lawyers duty as far as in him lies , to vindicate the profession , by utterly disclaiming and abhorring all such practices : and the defender can appeal to all that have known his conversation for above this forty years and under , whether ever he used any such pitiful mean and ungenerous arts and methods , better becoming the stage than a court of justice ; and whether he did not , when it was in his power , constantly restrain and condemn that scandalous and disgraceful way of practice . and he can as freely appeal to all that will be at the pains to read his printed argument ( which this conceal'd author so unjustly censures ) whether any such bitter reviling , and revengeful humour , appear in any part of what he so publish'd , or the least reflecting upon any particular person , but only in the general , and no further than the meer justice of the cause did extort from him ; so far was he from this author 's scurrilous and rude course of reflecting upon any persons private conversation ; but some mens faculties lie this way , and they are very well known , tho' after such manifest and gross provocations that have been given by this author , and such publick and scandalous actings of his in the eye of the world , it might justly be said with the poet : difficile est satyr●s non scribere . the author of this answer , in his first paragraph , would have the world believe that he writes upon no other design than to support magistracy , and the government ; a noble th●m● ( as he terms it ) . every man knows what sort of government he labour'd to support , but the other day , and how far he was instrumental in it ; but the other day , and how far he was instrumental in it ; but it is rather thought fit to leave him to a general act of indemnity and oblivion , then take any revenge upon him . he seems to allow the lord russel's defender , in his fourth paragraph , to be an author of age , experience , figure , and learning , ( but he will not say candour or honesty ) . thus he writes . the lord russel's defender is very glad he hath so little of this adversary's commendation , for it would gain but small esteem amongst men of true worth , to be commended by him . it might be said to him with the philosopher upon the like occasion , being commended by an infamous person , what ill have i done , that thou shouldst thus commend me ? yet that candour and honesty , which he covertly refuses to allow , is that which the lord russel's defender prefers before all this answerer's mercenary wit and rhetorick . in his fifth paragraph he judges the lord russel very unfortunate to fall under the accusation of treason , and says that noble lord was most pitied , of any under those circumstances . that noble lord's misfortune ( among other things ) was his falling under the lash of so bitter and sharp a tongue as yours , who however you seem now to mention that lord with pity , had then no pity for him , but used him with severity , as may appear by your own printed narrative of that tryal , and your rhetorical flourishes in a case of innocent bloud , which contributed in an high degree to enveagle the jury , and bring that noble lord to the scaffold . he confidently says in the same paragraph , that in truth the fairness and indifferency of that tryal was such , that his own relations were pleased . how untrue this is , in both the parts of it , that the tryal was very far from being fair and indifferent , and that his nearest relations were highly exasperated and offended , shall appear before we part . in the sixth paragraph of his sheet , he complains that the memory of that vnfortunate gentleman , was revived by the publication of the defence of his innocency . why what hurt in the reviving of his memory ? his memory is precious , he dyed a martyr for his religion , and for the rights and liberties of his countrey , and fell a sacrifice under cruel and merciless hands . it is indeed this answerers conscience that flies in his face , the reviving of this noble lords memory speaks terrour and amazement to the answerer . thus did bloody herod when he heard of the fame of jesus , he presently cryes out , this is john whom i beheaded . he does prepare himself to make use of indecent or disrespectful language , ( as himself expresses it ) and comforts himself with the thought , that his name shall not be known . a pitiful and unmanly dealing , not becoming a person pretending to ingenuity . the lord russel's defender dealt otherwise , and owns his name , and will let the world know what this answerer is . in the four next ensuing paragraphs , he is much to seek for what end and purpose the lord russel's defence was printed in that pamphlet ( as his wonted rhetorick thinks fit to call it . ) it could not be ( as he most contemptuously says ) for consumption of paper . nor for the bookseller's profit , for a reason to be guess'd at . forbear , for shame , to use these sly and silly intimations , they are fitter for school-boys , or the mountebank's stage , or for billings-gate , than for a man of your figure , one may be ashamed to have any dispute with such an emperick , or rather a jesting and jeering merry-andrew . pray keep this sport for the next bartholomew-fair , and learn more gravity and civility . it could not be ( as he further proceeds upon the same enquiry ) for the sake of the lord russel's memory , or any of his surviving relations ; for what was written in the lord russel's defence , is ( says he ) but a painting to the life , the too deep concern of that noble lord , in a weak as well as criminal enterprize . this is wonderful boldness and daring in this answerer , still to pronounce him a criminal ( that noble lord ) whom the supream power of the nation , and the highest judicature and authority have adjudged innocent . and yet he has the impudence to entitle his undutiful pamphlet , the magistracy and government of england vindicated : and to publish this , after he , as well as any man knew that the act of parliament had pass'd , asserting the innocency of that noble lord , and the barbarity and injustice of the proceedings against him . wherein this answerer had so great an hand , and so bitter and sharp a tongue . one would think that an ordinary wit might have served to put him in mind , that as yet there is no act of general pardon and indemnity pass'd , and who knows upon whom the great exception may light ? but he gives a very just occasion to the lord russel's defender , to let the world know for what end and purpose he long since writ , and so lately printed so despised a pamphlet ; by which , even his adversary may be convinc'd , it was not meerly for consumption of paper , or for the bookseller's profit , but truly for the sake of that lord's memory , in asserting his innocency , and at the desire , and for the sake of his surviving relations . and for the truth of what is thus affirm'd , he does appeal to those noble relations of his , who are yet alive . while that noble lord was upon his tryal , or very soon after , there came a letter to his defender's hand , who was then in the countrey ; near eighty miles from london , and this from a person of great honour , and one of the nearest relation to that noble lord , requesting the author of his defence to afford the best advice he could ; and accordingly he heartily and freely gave it : much of which does appear by what is printed by him . this was not the only letter he receiv'd from that lord 's great relations , upon that sad occasion : but after that bloudy stroke had been given , a paper was publish'd as the speech intended by that dying lord. in answer to which , the now answerer and adversary ( as is too evident ) did publish his first pamphlet , entituled , an antidote against poyson , composed ( to use its own words ) of some remarks upon the paper printed by the direction of the lady russel , and mentioned to have been delivered by the lord russel to the sheriffs at the place of execution . thus far of the title of that pretended antidote . in the latter end of his second page , that which is mentioned in the discourse out of his pamphlet call'd the antidote , and which is barely repeated in order to be answer'd and confuted , he grosly mistakes in this latter pamphlet , and falsely affirms , it is admitted to be true ; and from thence endeavours to have the lord russel's defender understood as arguing against the lord russel , and acknowledging his guilt : which is a very unworthy way of dealing by this pretended answerer , but easily discern'd by any wary and intelligent reader . nay , this answerer himself immediately after , before he is aware , clears the lord russel's defender again from the imputation , by taking notice that the defender of the lord russel endeavours to invalidate the credibility of the evidence given against the lord russel . this reply declines the taking notice of many of this answerer's paragraphs , that are spent meerly in vilifying the lord russel's defender , it being obvious that they were intended onely to render mean and contemptible the person he undertakes to answer ; it being beneath this reply to repeat them , and to follow the answerer in his rude and scurrilous way of writing . it was indeed no secret to the learned , that a variance between the indictment and the evidence , might be alledged on the general issue ; nor that treason and the misprision of it are different crimes ; nor that proofs of treason must not be by hearsay nor argument only ; nor that less than two witnesses are not to be allow'd for proof of that crime ; nor that the witnesses ought to be credible : but these are not so generally known to such as are not profess'd lawyers ; and may be usefully remembred to such as are brought upon their tryals for their lives , and are denied the help of councel when they most need it , and are apt to be more under a consternation , when they are beset with such sad apprehensions of their danger , and baited at by a multitude of crafty wits , and such as abuse their parts and eloquence , to destroy the innocent , and the court ( it may be ) not always so indifferent as they should be . and these useful and well-intended assistances , as ordinary and useless as the pretended answerer would represent them , were very thankfully entertain'd , and made use of by several persons of great abilities , and of the best quality , who afterwards fell under the like cruel and malicious prosecution : but they were no profess'd lawyers . and most of these are still living , and will and do testifie the truth hereof . the answerer in his fourth page falls to argue the points in law upon the great head and title of treason . this reply forbears to repeat what the answerer says upon this subject , or to repeat what this repliant has formerly printed , but therein refers himself to what is so printed . only finds it necessary to state the point in question in as few and plain words as he can , and leave it to any impartial reader to judge of it . the great statute of treason , viz. that of the th of edw. . was the only statute upon which the lord russel was indicted , and this is acknowledg'd and profess'd by the attorney-general , as appears by the printed narrative of the tryal , and he could best know his own meaning . they could not proceed against the lord russel upon the late statute of treasons , made in car. . for that statute limits the prosecution to a certain time , after the treason committed ; which was elaps'd in the lord russel's case . now the statute of edw. . does specifie and enumerate the several and particular heads , and sorts , or species of treason , that might be proceeded upon , or tryed and adjudged in the ordinary courts , viz. in the kings-bench , or judges of oyer and terminer , or gaol-delivery . such as that of newgate , or the sessions for gaol-delivery at the old-baily , where the noble lord russel was brought to his tryal . the scope and drift of that statute of edw. . ( as appears by the preamble ) was to confine those ordinary courts and the ordinary judges to plain manifest rules , what they should adjudge treason , and what not , it being of so great concernment to the lives of men ; and not to allow the judges or lawyers a latitude or liberty to make what they thought fit to be treason , or to exercise the tongues and unruly noises of lawyers in a matter of that moment . and that statute of edw. . being in its nature a confining , restraining , and explanatory law , ought therefore not to be largely extended or improv'd and stretched beyond the plain words and apparent sence of them . now among other several species , or heads , or sorts of treason , particularly enumerated by that statute , there are these two , pertinent to our case , viz. . compassing or imagining the death of the king. . levying war against the king. whereupon the common reader ( for whose satisfaction this is written ) may easily observe this distinction , that the first of these is treason ( in the very imagining or conspiring ) though the king's death do not ensue . but the latter is not treason in the conspiring and imagining , but the treason must be in the actual levying of war. so that barely to consult , conspire , or imagine to levy war , though there be never so plain nor so open or overt an act of such consulting or conspiring or imagining of it , will not amount to this species or sort of treason , upon this statute of edw. . which is the only statute upon which the lord russel was concern'd . for that statute of edw. . did not intend to make it treason , to consult or conspire to levy war , without the actual levying of war. this will not be denied nor disputed by the lord russel's adversaries , nor by this answerer . but perfectly to evade this statute , and the manifest intent and meaning of it , they insist , that though conspiring to levy war , be not treason within the statute of edw. . yet to conspire , consult , agree , or conclude to stir up , or raise , or move insurrection and rebellion against the king , and to consult or conspire to seize the king's guards , ( which signifie one and the same thing with consulting or conspiring to levy war ) these ( say they ) may be an open or overt act , to prove a consulting or conspiring to kill the king. what is this but to confound the several and distinct sorts and species of treasons , which the statute of e. . doth so carefully and industriously labour to distinguish ? and what is this , but to make a bare conspiring and consulting to levy war , without any actual levying of it , to be treason within this statute of edw. . which plainly this statute would not have to be so taken ? and so the good design and scope of the statute , the security of mens lives is wholly overthrown by this artifice ; and what shall be taken to be treason , and what not , will be still as uncertain as it was before the making of that act of edw. . and it was then a needless idle thing in those that made the statute of car. . and so of former statutes , to make the conspiring to levy war to be treason : for by this practice and construction it is already made so to their hands , by edw. . now the lord russel was indicted for conspiring to kill king charles the second , and the overt or open act alledg'd to show and signifie it , is nothing but his consulting and conspiring to raise and stir up insurrection and rebellion , and consulting to seize the king's guards , ( though they were not actually done ) which are just the same thing with conspiring to levy war ; which plainly is no treason within the statute of edw. . and therefore most clearly the lord russel was not guilty within that statute , upon that indictment and evidence . since the lord russel's defender has compos'd this short state of his case upon this great point , there hath come to his hands , a printed half sheet , which has excellently well done the same work , which had been but a few hours sooner , it had saved the labour of this part of the present discourse and argument : this half sheet is justly entitled , a justification of the late act of parliament , for the reversing the judgment against the lord russel . there is but one point more to speak to , and then the lord russel's defender will bid his answerer and reader adieu : and it is that point which the answerer's 〈◊〉 print , viz. his antidote against poyson , did not mention , and so no occasion was given then to consider of it ; but it is largely debated by court and council , at the lord russel's tryal ; yet being then but suddenly started , tho it were well argued by the lord russel's councel assign'd , no authorities however were then cited ( thô call'd for by the court ) to justifie and make good the arguments and reasons urged by the councel● ▪ and it is a point in law which the act for reversing the judgment against the lord russel is principally , and in the first place grounded upon , viz. that there had been an undone and illegal return of of jurors to try that noble lord ( too often practised of late ) and that the noble lord was refus'd his lawful challenge to them for want of freehold . the truth of this as to matter of fact , doth evidently appear by the large narrative of the tryal , printed by that lord's adversaries ; and this is not in the least touched upon by the printed half sheet , stiled , a that of the act for reversal of the judgment against that lord. that point in law now only remains to be 〈◊〉 to , viz. that in all cases of the tryal of a man especially in a tryal for his life , the jurors ought to be freeholders even at the common law , and before the statifie of 〈…〉 . cap. . and that not only in tryals within the city of london ( as the lord russel's was ) as in all other cases 〈◊〉 towns corporate , where there was a jurisdiction of trying for life in cases criminal . it was not material 〈◊〉 the go●●●●n law or of what yearly va●●ie that freehold was , or is to be , but some freehold ( thô never so small ) the jurors ought to have , or else it was a just cause of challenge . it was indeed the statute of h. . c. . that first ●ate the yearly value of the freehold , and requir'd it should be of s. per annum , which s. per annum was then in that king's reign , being so long since , equivalent to a much higher value now . and therefore the books and authorities that speak of freehold of a less value then s. per annum , must of necessity be understood not to speak of cases within that statute , but of cases at the common law. h. . fol. . b. rolles abridgement , title-tryal ▪ fol. . it is there held , that freehold of any value was sufficient for a juror . this proves that freehold is requisite , and that it was so before the statute of h. . it being in the reign of k. henry the fifth's father ; and with this agrees kelloway , fol. . towards the end . some other cases after the time of king henry the fifth , proves the same , as e. . fol. . half an acre of land , so it be within the hundred , says that book , is sufficient , and it is well known , that as to this qualification of having freehold , the same rule governs in the rest of the jurors , as in those of the hundred , h. . brookes abridgement , challenge . hales's pleas of the crown , . nor do these authorities distinguish at all between cases criminal and civil , nor in cases criminal between that of treason and in cases less criminal . this being so at the common law , and the statute of h. . c. . only adding the yearly value , viz. s. per annum freehold , which before at the common law , might be of any lower value . now tho that statute of h. . be repeal'd , as to tryals in treason , as in truth it is by the latter statute of and of phillip and mary , cap. . which enacts that all tryals in treason , shall be according to the course of the common law , the result is , that still there must be freeholders to try , thô they may be freeholders as at the common law , of any yearly value whatsoever . that the statute of h. . ( while it was in force ) did extend to cases of treason ( thô treason was not expresly mentioned in it , and the statute speaks very ambiguously and obscurely ) appears by the authorities following , viz. stamford's pleas of the crown , ; and p●●lton de pace regis , & regni , ; and by the statute of h. . c. . in the proviso , that reserves to the party the challenge , for want of s. freehold , even in case of treason , though it make the treason triable in any county . see sir christopher blunt's case , justice croke , eliz. fol. . in an information of intrusion , by the queen : a juror was challenged for want of freehold , and upon examination of the juror , it appear'd he had freehold of s. per annum value , and that was adjudg'd sufficient ; which admits it had been a good cause of challenge , had there been no freehold at all ; and it necessarily implies that it was requir'd by the common law , for no statute interposed , as to any lower value than s. per annum . nor does this case distinguish between the case of intrusion upon the queen , and any other case . but it may reasonably be argued , if freehold be necessary in a juror , who is to try a case of intrusion only , a fortiori , is it requisite in a case of high-treason , but in that case of sir christopher blunt , another juror was challenged that had no freehold , and he was therefore set aside . now that the challenge for want of freehold extends to the city of london , and other cities and burroughs , as well as to the counties , is abundantly proved by the statutes of h. . c. . . h. . c. . and h. . c. . to which the reader for brevity-sake is referred . it is no where maintain'd that an agreement to poyson or stab , &c. is no treason , if the very act do not ensue , as the answerer very falsly alledges in the second column of his th page , towards the lower end ; for those have a manifest tendency towards killing , nor are they any distinct species or sorts , or kinds of treason from the killing of the king , as that of levying of war , and seizing the king's guards ( especially not shewing what guards ) are a distinct species from that of killing the king , and need not necessarily be understood to terminate and conclude in a killing the king , taking the king prisoner , or seizing his person , may more reasonably be thought to aim at a killing of the king , or have a tendency towards it . and the indictment ought surely to have declar'd and express'd clearly and plainly what guards were meant , there being variety of guards ; for every indictment ought to contain certainty . herein the very indictment was faulty . the bold answerer hopes the king will always preserve those guards , thô the parliament have declar'd their sense to the contrary , when the present extraordinary occasion shall be over . this daring presumptuous answerer in defiance of the act for reversal of the lord russel's attainder , the tryal having been partial , unjust , and illegal , as the act affirms it , yet dares to averr in his last page that there was evidence enough to justifie all concerned in the prosecution and tryal . the answerer , towards his close , takes great care , and is much concern'd to justifie the king's sollicitor that then was . and this would encline one to think that the then king's sollicitor was not the author of that antidote against poyson ; nor of this last print , entituled , the magistracy and government vindicated ; which are so much alike in their stile and strain . and in truth that late king's sollicitor doth utterly deny that he had any hand in either of them . and sir george jeffries , the last lord chancellor , could not compose this last . this being so , it may easily be judg'd where it must fix : for this , look into the printed tryal . i now refer the answerer to justifie himself at law , if he happen to be in danger of an exception out of an act of general pardon and indemnity , where he may have a fairer opportunity to defend himself in his own more immediate concern for endeavouring to subvert the law , which ever proves too hard for all its opposers . and i will so far follow his humour and vein , as to conclude with verses too . rode caper vitem tamen hic cum stabis ad aras in tua quod fundi cornua , possit , erit . which i thus english : go , spightful satyr , bruise that sacred vine ( the law ) but know there shall not want for wine to pour into thy head , which may suffice , to render thee a perfect sacrifice . finis . advertisement . politica sacra & civilis : or , a model of civil and ecclesiastical government . wherein , besides the positive doctrine concerning state and chvrch in general , are debated the principal controversies of the times concerning the constitution of the state and church of england , tending to righteousness , truth , and peace . by george lawson , rector of more in the country of salop. the second edition . this book ( first printed . ) being so well approved of , that it soon became very scarce , and was sold at great rates , is now reprinted for i. s. and are to be sold by t. goodwin , at the maidenhead over against st. dunstan's church in fleet-street . . notes, typically marginal, from the original text notes for div a -e reply . reply . by the protector. a declaration of his highnes with the advice of the council, in order to the securing the peace of this commonwealth. england and wales. lord protector ( - : o. cromwell) this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing c thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) by the protector. a declaration of his highnes with the advice of the council, in order to the securing the peace of this commonwealth. england and wales. lord protector ( - : o. cromwell) cromwell, oliver, - . sheet ([ ] p.) printed by henry hills and john field, printers to his highness, london : . dated at end: given at whitehall this . of november, . reproduction of the original in the british library. eng peace -- early works to . great britain -- history -- commonwealth and protectorate, - -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no by the protector. a declaration of his highnes with the advice of the council, in order to the securing the peace of this commonwealth. england and wales. lord protector d the rate of defects per , words puts this text in the d category of texts with between and defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion blazon or coat of arms ❧ by the protector . a declaration of his highnes with the advice of the council , in order to the securing the peace of this commonwealth . his highness the lord protector , upon advice with his council , finding it necessary for the reasons and upon the grounds expressed in his late declaration , to use all good means to secure the peace of the nation , and prevent future troubles within the same , hath thought fit to publish and declare , and by and with the consent of his council , doth publish , order and declare , that no person or persons whatsoever in england or wales , whose estates have been sequestred for delinquency , or who were actually in armes for the late king against the then parlament , or for charles stuart his son , or have adhered to , abetted , or assisted the forces raised against the said parliament , do , from and after the first day of december . buy , use , or keep in his or their house , or houses , or elsewhere , any arms offensive or defensive , upon payn that every person and persons so offending shall forfeit and lose such arms , and be otherwise proceeded against according to the orders of his highness and the council , for securing the peace of the commonwealth . and his highness by the advice of his council , doth also publish , declare and order that no person or persons aforesaid do ▪ from & after the first day of january . keep in their houses or families , as chaplains or school-masters , for the education of their children , any sequestred or ejected m●nister , fellow of a colledge , or school-master , nor permit any of their children to be taught by such , upon pain of being proceeded against in such sort as the said orders do direct in such cases . and that no person , who hath been sequestred or ejected out of any benefice , colledge , or school for delinquency , or scandall , shall , from and after the said first day of january , keep any school , either publick or private , nor any person who after that time shall be ejected for the causes aforesaid . and that no person , who for delinquency or scandall hath been sequestred , or ejeted , shall , from and after the first day of january aforesaid , preach in any publick place , or at any private meeting of any other persons then those of his own family , nor shall administer baptism , or the lords supper , or marry any persons , or use the book of common-prayer , or the forms of prayer therein contained , upon pain that every person , so offending in any the premisses , shall be proceeded against as by the said orders is provided and directed . and to the end all persons concerned may take notice hereof , and avoid the danger of any the said penalties , his highness doth charge and command all sheriffs within their respective counties , cities and towns , to cause this declaration to be proclaimed and published . nevertheless his highness doth declare , that towards such of the said persons as have , since their ejection or sequestration , given , or shall hereafter give , a reall testimony of their godliness ▪ & good affection to the present government , so much tenderness shall be used as may consist with the safety and good of this nation . given at whitehall this . of november , . printed and published by his highness speciall commandment . london , printed by henry hills and john field , printers to his highness , . the souldiers sad complaint. per i.h. i. h. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing h thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) the souldiers sad complaint. per i.h. i. h. sheet ([ ] p.) s.n., [london : ] imprint from wing. verse - "is this the upshot then? we that have spent" ... annotation on thomason copy: "july. th". reproduction of the original in the british library. eng england and wales. -- parliament -- poetry -- early works to . soldiers -- england -- poetry -- early works to . great britain -- politics and government -- - -- poetry -- early works to . a r (thomason .f. [ ]). civilwar no the souldiers sad complaint. i. h. a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion the souldiers sad complaint . is this the upshot then ? we that have spent our best of fortunes for a parliament ? we that have sweat in bloud , march't o're the land , and where our feet did tread , our swords command ? we that like burning comets did appeare , striking astonishment with pallid feare , upon the daring aspect of our foes , forcing even death , under our dreadfull blowes to flagg his fatall standard ? we that have been ( as of banquets ) greedy of a grave ? when through the rivlets of our purple gore flow'd streames of victory unto the doore of our high palmed state , made gods : no lesse ; and only happy through our wretchednesse . when in our calmed postures we draw neare creeping addresses to that lofty sphear in naked bodies , broken leggs , and armes , in carved limbs , which were ere while as charmes to quiet death , and make the furies husht , that we should suffer ? that we should be crusht with those iron hands ( though guilded with our bloud , not seeking others , but their owne selfe-good ) we have upheld ? when we make humble plea with empty entrailes , for our deare earn'd pay , ( whilest your enlarded guts , and brawny sides swine it with epicurus , stretch your hydes with glorry morsells ) are we kickt away , as if each wight had turn'd apostata ? is this true vallors pay ? coyn'd out of ayre and envy ? tyranny ? that doth out-dare the very front of hell . what , souldiers ? and thus slighted ? the best of actions are the worst requited . 't is thought , and fear'd , your eyes that pitty want , ere long will turne the world all adamant : and every object by reflection , be turned into , what you are , a stone ; should but your curious , wanton pallats share as formerly our fortunes , now our fare , ( who once lay lugging at that ladyes papp as full of plenty then , as now , mishap ) a two daies sad experience , would condemne your great ingratitude ; make you contemne your cruelties ; and bring home to your gate as much of love , as hitherto of hate . who gave your senat being ? the lawes their breath ? was 't not our bloud ? our hazzarding of death ? and will you counsell murther ? sit to slay even those by whom you sit , or whom , you stay ? from your full stores , then reach unto poore soules , of what 's their due : necessity controules the sharpest lawes . oh heare their groanes and cryes who haplesse lives , and as yet hopelesse dyes . per i. h. finis . a letter and declaration of the nobility and gentry of the county of york. to his excellency, the lord generall monck. this text is an enriched version of the tcp digital transcription b of text r in the english short title catalog (wing l b). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo b wing l b estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. b ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a letter and declaration of the nobility and gentry of the county of york. to his excellency, the lord generall monck. fairfax, thomas fairfax, baron, - . sheet ([ ] p.) by christopher higgins, london, ; and re-printed at edinburgh : . the "declaration" bears the names of tho. lord fairfax and others. caption title. initial letter. reproduction of original in: national library of scotland. eng albemarle, george monk, -- st duke of, - . great britain -- politics and government -- - -- sources. broadsides -- england -- th century. b r (wing l b). civilwar no a letter and declaration of the nobility and gentry of the county of york. to his excellency the lord generall monck. [no entry] d the rate of defects per , words puts this text in the d category of texts with between and defects per , words. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - megan marion sampled and proofread - megan marion text and markup reviewed and edited - pfs batch review (qc) and xml conversion letter and declaration of the nobility and gentry of the county of york . to his excellency the lord generall monck . the letter . my lord , we find our selves constrained by writing , to supply the omission of acquainting your lordship with our thoughts and desires when you passed through our county , which we had then done , if upon so short notice , we could have met for a mutual vnderstanding : your lordship will find in the inclosed declaration the sum of our apprehensions . we thought it not necessary to multiply particulars , but leave all other things to a duly constituted parliament ; neither have we been sollicitous to multiply subscriptions , trusting more to the weight of the proposals than to the number of subscribers ; yet we may safely affirm this to be the sense of the generality of the county , as your lordship sees it is of others . we have only to add the earnest desires to your lordship , that you would be pleased to further the accomplishment of what we have represented , with such seasonable speed , as that the fear of friends , and the hopes of enemies concerning a ●●●gerous confusion amongst us , may be prevented . the declaration . we being deeply sensible of the grievous pressures under which we lye , and the extream dangers whereunto we are exposed at this time , through the violent alteration of our government , the multiplication and interruption of parliaments : and having no representatives to expresse or remedy our grievances , have thought meet ( according to the example of other counties ) to declare and desire , that if the parliament begun november the third , . be yet continued , the members that were secluded in the year . be forthwith restored to the exercise of their trust , of all vacancies may be filled up , that right may be done to their persons , to parliaments , and the people that have chosen them . if otherwise , that a parliament may be presently called , without imposing of oaths or engagements , ( the greatest prejudice to civil or christian liberty ) or requiring any oualifications , save what by law or ordinance of parliament before the force in . are alread● established . and , untill this , or one of these be done , we cannot hold our selves oblieged to pa● the taxes that are , or shall be , imposed on us , we not enjoying the fundamentall rights of this natio● to consent to our own laws by equal representatives . tho. lord fairfax , lord fawconberge , bar. bourchier , sheriff . christo . wivill , thomas wharton , tho. remington , tho. harrison , william gee , william fairfax , william osberton , thomas hutton , gustavus boynton , har. betheli , vvilliam dawson , rob. wivel , nicholas bethell , jo. ledgar , henry fairfax , john hotham , thomas slingsby , will . cholmley , mett . robinson , hen. stapleton , george matwood , tho. heblethwait , rob. redman , rob. belt , vv. adams , jo. micklethwait , bryan layton , tho. lovell , vvil . rokesby , rich. levit , roger langly , francis boynton , hen. cholmley , john dawny , john gibson , james moyser , george crake , john peirson , tho. yarborow , jo. richard , vv. dalton , f. driffield , vvalter bethel , wil. woodver , jo. vavasor , &c. printed at london , and re-printed at edinburgh by christopher higgins , . the anarchie or the blest reformation since . being a new song, wherein the people expresse their thankes and pray for the reformers. to be said or sung of all the well affected of the kingdome of england, and dominion of wales, before the breaking up of this unhappy parliament. to a rare new tune. jordan, thomas, ?- ? this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing j b thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) the anarchie or the blest reformation since . being a new song, wherein the people expresse their thankes and pray for the reformers. to be said or sung of all the well affected of the kingdome of england, and dominion of wales, before the breaking up of this unhappy parliament. to a rare new tune. jordan, thomas, ?- ? sheet ([ ] p.) s.n., [london : ] attributed to thomas jordan. imprint from wing. satiric verse - "now that thankes to the powers below,". the words "or .. ." and "being .. reformers." are bracketed together in title. annotation on thomason copy: "dec ". reproduction of the original in the british library. eng political ballads and songs -- great britain -- early works to . church and state -- great britain -- th century -- humor -- early works to . great britain -- history -- civil war, - -- humor -- early works to . great britain -- politics and government -- - -- humor -- early works to . a r (thomason .f. [ ]). civilwar no the anarchie, or the blest reformation since . being a new song, wherein the people expresse their thankes and pray for the reformers. t jordan, thomas c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion the anarchie , or the blest reformation since . being a new song , wherein the people expresse their thankes and pray for the reformers . to be said or sung of all the well affected of the kingdome of england , and dominion of wales , before the breaking up of this unhappy parliament . to a rare new tune . now that thankes to the powers below , we have e'ne done out our doe , the miter is downe , and so is the crowne and with them the coronet too ; come clownes and come boyes , come hober de hoyes , come females of each degree , stretch your throats , bring in your votes , and make good the anarchy . and thus it shall goe sayes alice , nay thus it shall goe sayes amy ; nay thus it shall goe sayes taffie i trow , nay thus it shall goe sayes iamy . ah but the truth good people all , the truth is such a thing , for it wou'd undoe , both church and state too , and cut the throat of our king ; yet not the spirit , nor the new light , can make this point so cleare , but thou must bring out , thou deified rout what thing this truth is and where . speak abraham , speak kester , speak iudith , speak hester ; speak tag and rag , short coat and long , truth 's the spell made us rebell , and murther and plunder ding dong . sure i have the truth sayes numph , nay i ha' the truth sayes clemme ; nay i ha' the truth sayes reverend ruth , nay i ha' the truth sayes nem. well let the truth be where it will , we 're sure all else is ours , yet these divisions in our religions , may chance abate our powers ; then let 's agree on some one way , it skills not much how true , take pryn and his clubs , or say and his tubs , or any sect old or new ; the devils i th' pack , if choyce you can lack , we 're fourescore religions strong , take your choyce , the major voyce shall carry it right or wrong : then wee le be of this sayes megg , nay wee le be of that sayes tibb , nay wee le be of all sayes pitifull paul , nay wee le be of none sayes gibb . neighbours and friends pray one word more , there 's something yet behinde , and wise though you be , you doe not well see in which doore sits the winde ; as for religion to speake right , and in the houses sence , the matter 's all one to have any or none , if 't were not for the pretence ; but herein doth lurke the key of the worke , even to dispose of the crowne , dexteriously and as may be for your behoofe in our owne . then le ts ha' king charles sayes george , nay le ts have his son sayes hugh , nay then le ts have none sayes jabbering ione , nay le ts be all kings sayes prue . oh we shall have ( if we go on in plunder , excise , and blood ) but few folke and poore to domineere ore , and that will not be so good : then le ts resolve on some new way , some new and happy course , the countrys growne sad , the city horne mad , and both houses are worse . the synod hath writ , the generall hath — and both to like purpose too , religion , lawes , the truth , the cause are talk't of , but nothing we doe . come come shal's ha' peace sayes nell , no no but we won't sayes madge , but i say we will sayes firy fac'd phill , we will and we won't sayes hodge . thus from the rout who can expect ought but division ; since unity doth with monarchy , begin and end in one ; if then when all is thought their owne , and lyes at their behest , these popular pates reap nought but debates from that many round-headed beast . come royalists then , doe you play the men , and cavaliers give the word , now le ts see at what you would be , and whether you can accord ; a health to king charles sayes tom , up with it sayes ralph like a man , god blesse him sayes doll , and raise him sayes moll , and send him his owne sayes nan . now for these prudent things that fit without end , and to none , and their committees that townes and cities fill with confusion ; for the bold troopes of sectaries , the scots and their partakers ; our new brittish states , col burges and his mates , the covenant and its makers , for all these wee le pray , and in such a way , as if it might granted be , iack and gill , mat and will , and all the world would agree . a pox take them all sayes besse , and a plague too sayes margery , the devill sayes dick , and his dam too sayes nick , amen and amen say i. it is desired that the knights and burgesses would take especiall care to send downe full numbers hereof , to their respective counties and burroughs , for which they have served apprentiship , that all the people may rejoyce as one man for their freedom . 〈…〉 : finis . an answer to the author of the letter to a member of the convention approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing a estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) an answer to the author of the letter to a member of the convention sherlock, william, ?- . letter to a member of the convention. p. s.n., [london : ] caption title. place and date of publication from wing. signed: jan. , / . reproduction of original in cambridge university library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng great britain -- politics and government -- - . - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion an answer to the author of the letter to a member of the convention . reverend sir , your name , your quality , your religion , and your design in publishing this letter are wholly unknown to me , but the confident assertion , pag. . § . . that you are sure it can never be answered ; sounds so like a son , or rather a father of the infallible church , that it has provoked me , if not to answer , yet at least to reflect upon some passages in this magisterial composure . § . . whatever becomes of other arguments , interest is most likely to prevail . you , sir , suppose your parliament man , in these words , to be one who will regard no arguments from justice , reason , religion , or the laws of god or man ; interest is the only thing which is likely to prevail ; an excellent complement to a parliament man ; but it goes higher yet , and takes in the majority of the states , for no one man shall ever determin these great things . § . . you tell him , that all the threatning dangers of popery were not a more formidable prospect to considering men , than the present distractions and divisions . now surely this is a very bold and daring stroke ; but that i am certain these pensive thoughtful men are not either very numerous , or very considerable ; otherwise , the few of the church of england that are over-thoughtful in this point , deserve much compassion , because they disquiet themselves and others out of pure tenderness of conscience , and an over-great loyalty ; but then there is no danger to be apprehended from them ; and they will in time satisfie their own scruples , and in the interim , i doubt not , infinitely more men dread the dangers of popery , even to this day , than all the common-wealth men , dissenters , ambitious and revengeful wretches , which you have so artfully mustered up to fright the country esquire with , can over-ballance . strange it is in the mean time , that the dangers of popery , which last october appeared so formidable , should in so short a time vanish , or rather dwindle into nothing : but god , by the ministry of the prince of orange and his friends , has brought this about . in the rest of that section i agree with you , and approve of it . the two next sections being only a representation of the different parties of men now upon the stage , i leave as i find them . § . . tho the opinion of those who are for sending to the king , and treating with him to return to his government , under such legal restraints , as shall give security to the most jealous persons for the preservation of their laws , liberties , and religion , is horribly decryed , &c. yet the only reason against it is , because it is vain . now sir , that reason is so very good , that it may perhaps justifie that dreadful consequence you so shrink at ; for tho i do not doubt but you are a wonderful legislator ; yet if twenty wiser men than you were joyned with you to frame these new laws , yet let but a popish prince have the supreme executive power and the legal prerogatives , and he will break through all your restrictions with wonderful facility , as we have seen by experience . but then if you leave him the name and take away the power of a king , you set up a common-wealth immediately , which will not end with your popish prince , but there will be stickling to keep all things in the same state in the following reign , of what religion soever the prince is , which was the reason why the limitations offered by charles ii. in . were rejected . well , but we would have thought our selves very secure if the king would have called a free parliament ; yes sir , if he would have call'd it freely , so that it had been the production of his will without force ; but , sir , it is notorious , he was resolved the parliament should either not be free or not meet , and if your memory will not serve you to re-call the virulent reflection on the humble petition presented by the lords spiritual and temporal the th of november last , in which the author tells us , that the summoning a parliament now , is so far from being the only way ( to preserve his majesty and the kingdom ) that it will be one of the principal causes of much misery to the kingdom , &c. and nothing would do then , but driving the prince of orange out of the kingdom with force and arms. now i say sir , if you cannot remember this , you shall never be trusted to frame laws , if i can help it . there is another and a better reason to refuse a treaty , than the fearing the king should comply . suppose that he should grant all that you can ask , bating white-hall , the revenue , the title of king , and the right of calling parliaments , and making peace and war : what security have we that he will acquiesce in this low restrained estate ; oaths , laws , and promises , we had before , but what did they signifie , who shall be garantee , what shall we do if he break out again ? in short quis custodiet custodes ? so that the many who desire a treaty , are desired to read the enquiry into the present state of affairs , that they may not come into the discipline of the severe lady , who has taught the protestants in france and piedmont a lesson which england too must have gone through with , if god and h. w. p. o. had not saved us . but if the convention should refuse to treat , and depose the king , it would act without a legal power , § . . why sir , here is no occasion to talk of a deposition , the king is gone of his own accord freely ; and they are only to consider whether we shall perish in a state of anarchy , recall him , and suffer over again all that is past , and all that was intended , but prevented ; or whether they shall recognize the next immediate heir , and enquire who that is ? well , but the next heir , it seems , shall have small joy of it , his whole authority depending on a convention that has no authority : in good time ! will the authority of this prince , when acknowledged , depend on the authority of the convention ? did queen elizabeth or king iames i. owe all their authority to the parliaments which recognized their respective rights ? but no man will think himself bound in conscience to obey this heir ; have you , sir , the keeping of all mens consciences , or the knowledg of their thoughts ? i can assure you mine is not in your custody . § . . all those who think themselves bound [ still ] by their oath of allegiance to defend the kings person , his crown , and dignity , &c. will be greatly discontented . why sir , then they may go over into france , and be admitted into his guards , and perhaps the generous allowance given him by the french king , will maintain them , if their heresie do not over-ballance their loyalty , and turn it into a crime , as it happened to the hugonots . well , but they will never own any other whilst their own king lives : assuredly this is a wonderful man , if he could but as certainly inform us of the number , as he can of the thoughts and future actions of these loyalists . well , but if they should happen to be persons of known prudence , abilities , integrity , honesty , tho they were never so few and never so tame , it would give a terrible stroke to this tottering government . why , sir , all or the greatest part of such men in the nation , were a dreadful body , tho they were and ever will be few ; but sir , there must be a considerable body of such men first satisfied in the convention , a number without doors are already satisfied , and more will when the states have passed their resolves ; and the remainder of the men of this high character , who will still remain discontented , if they are any thing peaceable , though not over tame , will never be able to shock the most tottering government in the world by their examples , how well soever he thinks of them . yet , § . . he endeavours to shew the number will not be small , because many who joyned with the pri●ce are ashamed of what they have done , and ask god pardon for it , and are ready to undo it as far as they can . well , sir , how many such do you know besides your self ? a list of these men were worth the having , and may perhaps be easily taken , if one knew how to separate them from the rest ; however , i should not fear greatly the terrible shock of these wonderful men , till i had better information of their numbers than you can possibly give us . they were not willing to part with the king , tho they were horribly afraid of popery . why , sir , has the king changed his religion in france , or are these gentlemen so fond of the king , that they would now be contented to suffer all that popery threatned so lately ? or are they become as weary of their delivery as they were before of popery ? or will they sacrifice their laws , religion , old foundations , and free parliaments to their allegiance to their king ? if you say yes , i have done ; if no , then you would have what was not to be had , and will not be contented with what may be had ; and if the number of these men is great , farewel to the liberties , laws , religion , and priviledges of england , and its wealth and inhabitants too , and what is left you may be pleased to divide amongst your men of character . to all this he assures us , § . . there will be a thousand occasions of discontent ; just a thousand , neither one more nor less ; besides those springing from the sense of loyalty and conscience : strange , that these two should be so troublesom , as to equal , if not exceed the whole thousand that went before . he that had been before so liberal of his information , now sets us to guess in the § . . how many will be discontented in the new court for want of preferment ? why , sir , if you please to inform me how many days in february shall be clear , and how many shall be cloudy , i will fall a guessing how many in the new court shall be pleased , and how many shall be dissatisfied ; but when i have done , it will not be worth the while , because this ever happens , and courtiers have an odd way of keeping these malecontents in hope , till they fall off or gain what they desire ; and so if there should happen to be a thousand of them , they will not be able to shock the government , if there is no other cause of discontent than that . well , but here duty and discontent will mix , because they are sensible of their mistake when it is too late : for as they ought not to have fought for popery , nor against the laws and liberties of their country ; so neither ought they to have deserted the defence of the king's person and crown , but have brought the prince to terms as well as the king : why , sir , nemo tenetur ad impossibilia . the king was never brought to terms , nor perhaps never will : so that if they had fought at all , it must have been for popery , and against both our laws and liberties . sir , shew when and where the king offered us or the prince any terms , and i will pass my word you shall be employed to frame laws for the convention , which is certainly a good employ for one that is so expert at it as you pretend to be . well , § . . a heavy tax must be laid upon the nation , to defray the charge of this expedition : why , sir , are you of the privy council to the prince ? surely he will be able to find some other cause , or not make the tax so very heavy . but men will be very sorry to lose their king , and pay so dear for it too : yes doubtless , a gracious king is a great loss ; but if he will be gone , and involve us in a war too , taxes must be paid , yea , heavy taxes to support the charge of it , or louis will in a short time teach us what the prince's expedition was worth , whatever it cost . but this is not all , we must part with our church too , the crazy title will require the giving the church to the dissenters , § . . the dissenters have of late acted very well , and perhaps if a wise man has the managing of them ; and the popish emissaries be carefully looked after , we may compound the quarrel better cheap than the parting with our church . sir , i am well assured a great deal less will for the present content them , and the king is not immortal , and whenever he dies ▪ the crazy title will be sodered again , if no body be to be blame for giving it another terrible shock § . . should the king be deposed , or any other ascend the throne , it will be necessary to keep a standing army to quell such discontents . you may be a good law-framer for ought i know , but i will swear you are no states-man ; this whole section is meer whimsey borrowed from the dutch design anatomized , who had the folly to talk of governing england by an army of dutch and germans , but why god knows , except it were because a few were brought over to deliver us , and cannot presently be returned back to holland . the prince is both a wise and a good prince , and knows the consequence of keeping those forces long here , better than a thousand such l●w-framers . suppose the king should return with a foreign force to recover his kingdom , how ready will the men of conscience be , and the men of discontent , to joyn with them , nay , to invite him home again . this looks so like a roman catholick zeal , that if i were not assured he is a church of england man , i could not believe but it was a disciple of s. omers : but will the conscientious mea invite the king home again , with all his apostolick vicars , jesuits , ecclesiastical judges , dispensing power , and a round army of french dragoons to teach us the french faith after the french fashion ? are these the men of character , prudence , ability , integrity , or of conscience either ? would one of the primitive christians have talked thus , have stood for a licinius against a constantine ? well , if the king comes in a conqueror , we shall wish we had treated : truly i shall not ; i had rather be forced than deceived , for then i know what i shall have to trust to ; and i would not willingly be accessary to my own ruine . well , suppose all this unanswerable stuff is over-voted , § . . we are to bring good proof the prince of wales is an imposture , or else we had better let it alone . very good ; the negative is to be proved ; we may guess by this what kind of laws you , sir , would frame . well , but if this be not done , the discontented men will have a plausible pretence to quarrel : what the conscientious men will do we must guess , but in all probability they will not be better qualited . what if the princess of orange be a lady of that eminent virtue that she should scruple to sit upon her fathers throne whilst he lives ? well , his majesty has deserted his throne and kingdom when he needed not , except he had pleased ; and some body must sit upon his throne , though he is yet alive : now if it be her right after his death , why not now ? our author is at his prayers , that god would give her grace to resist the temptation ; and i at mine , that the author may never be one of her chaplains till he is better inform'd . the rest of that section is not unanswerable , but not worth answering . he has all along supposed the prince of orange crown'd , yet in the th section he proves he can have no right to it , neither by descent nor gift ; and truly i am of the same mind for many reasons , and especially for the sake of the three alledged by him , § . , , . and for some others too of as great weight , which may be found in the lord virulam's history of henry vii . and yet our cafe now before us has three difficulties that had not , . a king living , . a prince of wales , true or false , . a nation divided in religion ; to which i might perhaps add the excessive power of france , and the excessive zeal of this generation to preserve the descent of the crown in the right line , and in the legal steps and degrees . and this being done , i am persuaded nothing can divide the english nation , or lessen their zeal and affection to the prince of orange , who has deserved the crown if it were ours to give him . the postscript , which is an huy and cry after the french league to cut our throats , i leave to the convention : and if i durst be so bold as to ask a favour of them , it should be to enquire what the ro. ca. meant by that threat of theirs , so frequently printed and spoken by them , if fair means would not obtain the repeal of our penal laws and tests , foul should . now for a conclusion , i would desire you , sir , to propose your method of restoring the king and securing our laws and religion , and it shall go hard but i will shew you it is impracticable , or impossible ; that it will never be granted , or if it be , never observed : and if you please to bless the world with a receipt of an obligation that will bind the conscience of any ro ca. so fast that neither iesuit nor pope can break or untie it , i assure you i will joyn with you in a petition to the convention , for a treaty forthwith , without any other terms to be proposed than the giving us that security , whatever it is . and in the interim , i am , ian. . ●● . sir , yours . charles by the grace of god king of england, scotland, france and ireland, defender of the faith, &c. to our right trusty and welbeloued cousin, william earle of northampton ... england and wales. sovereign ( - : charles i) approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a stc estc s ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) charles by the grace of god king of england, scotland, france and ireland, defender of the faith, &c. to our right trusty and welbeloued cousin, william earle of northampton ... england and wales. sovereign ( - : charles i) charles i, king of england, - . sheet ([ ] p.). by b. norton and j. bill, [london : ] imprint suggested by stc ( nd ed.). "witnes our selfe at westminster, the ninth day of may, in the first yeere our reigne." reproduction of original in: society of antiquaries. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng northampton, william compton, -- earl of, d. . great britain -- history -- charles i, - . wales -- politics and government -- th century. great britain -- politics and government -- - . broadsides -- london (england) -- th century. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - aaron mccollough sampled and proofread - aaron mccollough text and markup reviewed and edited - pfs batch review (qc) and xml conversion charles , by the grace of god , king of england , scotland , france and ireland , defender of the faith , &c. to our right trusty and right welbeloued cousin , william earle of northampton , president of our councell within the dominion , principality , and marches of walles , greeting . know ye , that for the great and singuler trust and confidence , that we haue in your approued fidelitie , wisedome and circumspection , we haue assigned , made , constituted , and ordeined , and by these presents doe assigne , make , constitute , and ordeine you to bee our lieutenant within the principality and dominions of south-wales and north-wales , ( our counties of glamorgan and monmouth only excepted ) the marches thereunto adioyning , and the seuerall counties of worcester , hereford , and salop , and in all corporate and priuiledged places within the limits or precincts of the principalitie , dominions , marches , and counties aforesaid , or any of them , as well within liberties as without : and by these presents doe giue full power and authoritie vnto you , that you , from time to time may leuie , gather , and call together , all and singuler our subiects , of what estate , degree or dignitie , they or any of them bee , dwelling or inhabiting within the principalitie , dominions , marches and counties aforesaid , aswel within liberties as without , meet and apt for the warres , and them from time to time to trie , array , and put in readinesse ; and them also , and euery of them after their abilities , degrees and faculties , well and sufficiently from time to time , to cause to be armed and weaponed ; and to take the musters of them from time to time , in places most meet for that purpose , after your discretion : and also the same our subiects so arrayed , tried , and armed , aswell horsemen , archers , and footmen as other men of armes , of all kindes and degrees , meet and apt for the warres , to leade , and conduct , aswel against all and singuler our enemies , as also against all and singuler rebels , traytors , and other offenders and their adherents against vs , our crowne and dignity , within the said principalitie and dominions of north-wales and south-wales , the marches of the same , and counties and places aforesayd , and euery of them from time to time , as often as need shall require by your discretion : and with the said enemies , traitors and rebels from time to time , to fight , and them to inuade , resist , suppresse , subdue , slay , kill , and put to execution of death by all wayes and meanes , from time to time by your discretion : and to doe , fulfill and execute from time to time , all and singuler other things , which shall be requisite for the leuying and gouernement of our said subiects , for the conseruation of our person and peace , so by you in forme aforesaid to be leuied , and to be ledde : and further to doe , execute , and vse against the said enemies , traytors rebels , and such other like offenders and their adherents afore mentioned from time to time , as necessitie shall require by your discretion , the law called the martiall-law , according to the law-martial : and of such offenders apprehended , or being brought in subiection , to saue whom you shall thinke good to be saued , and to slay , destroy , and put to execution of death , such , and as many of them as you shall thinke meet , by your good discretion , to be put to death . and further , our will and pleasure is , and by these presents we doe giue full power and authority vnto you , that in case any inuasion of enemies , insurrection , rebellion , ryots , routs , or vnlawfull assemblies , or any like offences , shall happen to be mooued in any place of this our realme , out of the limits of this our commission , that then , and as often as need shal require , by your good discretion , or as you shall be directed from vs by any speciall commandement , you , with such power to be leuied within the limits of your lieutenancie , as you shall thinke requisite , or as shall be directed from vs , as is aforesaid , shall repaire to the place , where any such inuasion , rebellion , vnlawfull assembly , or insurrection shall happen to be made , to subdue , represse and reforme the same , aswell by battell , or other kind of force , as otherwise by the lawes of our realme , and the law-martiall , according to your discretion . and further , we giue vnto you full power and authoritie for the execution of this our commission , to appoint and assigne within the principalitie and dominions of south-wales and north-wales , the marches thereunto adioyning , and the counties aforesayd , from time to time muster-masters , and prouost-martials , as you in your discretion shall thinke conuenient , to vse and exercise that office , in such cases as you shall thinke requisite to vse the said law-martiall . wherefore wee will and command you our sayd lieutenant , that with all diligence ye doe execute the premisses with effect . and forasmuch as it may be , that there shall be iust cause for you to bee attendant vpon our person , or to be otherwise employed in our seruice , whereby this our seruice of lieutenancie committed to your fidelity , cannot be by you in person executed , in such sort as we haue appointed the same ; therefore wee giue vnto you , for your better ayde and assistance , and for the better performance and execution of this same our seruice , full power and authority to appoint , assigne and constitute by your writing , vnder your hand and seale , within euery seuerall shire and county of the said principality and dominions of south-wales and north-wales , and the other counties aforesaid respectiuely ( except before excepted ) from time to time , so many persons of quality , as to you our said lieutenant shall seeme meet and conuenient to be and the other counties aforesaid respectiuely ( except before excepted ) from time to time , so many persons of quality , as to you our said lieutenant shall seeme meet and conuenient to be your deputies in the said shires and counties , and all corporate and priuiledged places within the same . and by this our present commission , wee giue vnto euery two or more of your said deputies , so being by you appointed and assigned as aforesayd , full power and authority in your absence , to doe and execute , in euery county , where they are deputed and assigned to be your deputies , as aforesayd , and in all corporate and priuiledged places , within the limits or precincts of the same county , aswell within liberties as without , all and such , and so much of euery thing and things , before by this our present commission , assigned and appointed by you to bee done and executed , and so farre forth as by you in your said writings of deputation , shall be to them prescribed and appointed to be done and executed . and our further pleasure and commandement is , that your said deputies shall immediatly after your writings of deputation to them made , as aforesayd , take charge and care to see euery such point and thing of this our commission , fully and perfectly executed in your absence , as by you in your said writings of deputation shall be to them prescribed and appointed to be done and executed . and the better to enable them so to doe , yee shall deliuer to euery two of your said deputies , so appointed and deputed for the sayd seuerall counties as aforesayd , a true transcript of this our commission , subscribed with your hand : and whatsoeuer you alone being present , shall doe by vertue of this our commission , or in your absence your sayd deputies , or any two or more of them , shall doe according to the tenor and effect of your said writings of deputation to be made , as is aforesayd , the same shall be by these presents discharged against vs. our heires and successors . and further , wee will and command all and singuler iustices of peace , maiors , shiriffes , bailiffes , constables , headboroughs , and all other our officers , ministers , and subiects , meet and apt for the warres , within euery of the said shires and counties , and all corporate and priuiledged places , within the limits or precincts of the said shires and counties , and euery of them aswell within liberties as without , to whom it shall appertaine , that they , and euery of them with their power and seruants , from time to time shall be attendant , aiding , and assisting , counselling , helping , and at the commandement of you , and of your said deputies , or any two or more of them respectiuely , as aforesaid , in the shires and counties aforesaid , and for the execution hereof in all points , as appertaineth , as they and euery of them tender our pleasure , and will answere for the contrary at their vttermost perils . provided alwayes , that this our present commission , or any thing therein contained , shall not in any wise extend to the county of gloucester , the citie of gloucester , or county of the same city , or to any of them , or to the county palantine of chester , or to the citie of chester , or to any part thereof , or to the counties of glamorgan , or monmouth , or to any of them , or to any part of them , or any of them . in witnes whereof , we haue caused these our letters to be made patents . witnes our selfe at westminster , the ninth day of may , in the first yeere of our reigne . per dominum custodem magni sigilli angliae , virtute warr. reg. edmonds . the earles of lindsey and cumberland's petition to the king at yorke in behalfe of the parliament, june . . and his majesties gracious assent thereunto. with his majesties commission for the confirmation of truce, made between his majesty and the king of casteele, the two kings of east-india, d. michael de loronha, conde de linhares, viceroy of goa, and william methwold president of the english in east-india. in all the lands, places, castles, ports, and coasts of affrica, guyne, bine, the island of saint thome, &c. and beyond gape bona speranza in the dominions of the king of portugall. crawford-lindsay, john lindsay, earl of, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing l b). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing l b estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the earles of lindsey and cumberland's petition to the king at yorke in behalfe of the parliament, june . . and his majesties gracious assent thereunto. with his majesties commission for the confirmation of truce, made between his majesty and the king of casteele, the two kings of east-india, d. michael de loronha, conde de linhares, viceroy of goa, and william methwold president of the english in east-india. in all the lands, places, castles, ports, and coasts of affrica, guyne, bine, the island of saint thome, &c. and beyond gape bona speranza in the dominions of the king of portugall. crawford-lindsay, john lindsay, earl of, - . cumberland, henry clifford, earl of, - . [ ], , [ ] p. printed for j. harrison, london : june . . reproduction of the original in the british library. eng great britain -- politics and government -- - . great britain -- foreign relations -- early works to . a r (wing l b). civilwar no the earles of lindsey and cumberland's petition to the king at yorke, in behalfe of the parliament, june . . and his majesties gracious crawford-lindsay, john lindsay, earl of d the rate of defects per , words puts this text in the d category of texts with between and defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - jonathan blaney sampled and proofread - jonathan blaney text and markup reviewed and edited - pfs batch review (qc) and xml conversion the earles of lindsey and cumberland's petition to the king at yorke , in behalfe of the parliament , iune . . and his majesties gracious assent thereunto . with his majesties commission for the confirmation of truce , made between his majesty and the king of casteele , the two kings of east-india , d. michael de loronha , conde de linhares , viceroy of goa , and william methwold president of the english in east-india . in all the lands , places , castles , ports , and coasts of affrica , guyne , bine , the island of saint thome , &c. and beyond gape bona speranza in the dominions of the king of portugall . london printed for j. harrison , iune . . his majesties gracious assent to the petition of the earles of lindsey and cumberland . the earle of lindsey and cumberland petitioned to his majesty both , to return to his parliament ( as was expressely intimated in their petition ) and humbly desired his majesty to assent unto those propositions which were sent by the parliament : who declare therein , that they had nothing in their desires and thoughts more precious and of higher esteeme ( next to the honour and immediate service of almighty god ) then the just and faithfull performance of their duty to his majesty , and their fidelity to the kingdome ? these said earles were sent for from york to attend the house the precedent weeke ; but they shewed the messenger of the house speciall warrants under his majesties hand , expressely commanding them to the contrary , and that should attend his majesty there , till his further pleasure should be declared unto them . but they being very sensible of the great inconveniences of this kingdome , and what irrecoverable danger those inconveniences may produce ▪ if not prevented before they grow to maturity , after a deliberate observation of the causes thereof , did present their dutifull petition to his majesty in the posture as well of all sincerity as humility : that out of his princely wisedome , for the establishing his own honours , and safety , and gracious tendernesse of the welfare and security of his subjects and dominions , he would be pleased to returne to his parliament , as being the most necessary and principall means ( through gods blessing ) of removing those jealousies and differences , which have unhappily fallen betwixt him and his people , and as the effectuall way to procure both to his majesty and to the parliament , a constant course of their peace and happinesse . his majesty tooke the petition very graciously , and desired some time of serious consideration thereon , and then he would give them an effectuall answer . for all the distractions , and distempers of this kingdome are derived onely from his majesties absence , and if he would be so condescentious as to returne , questionlesse these suspitions would be expelled , and better opinions entertained . and it is very requisite , that the great affaires of this kingdome , may not be concluded or transacted by the advice of any private man , or by any unknowne and unsworne councellor ; but that such matters as concerne state and the publike accommodation of the realme , are proper for the high court of parliament , which is his majesties great and supreme councell , ought to be debated , resolved , and transacted onely in parliament , and not elsewhere . and such as shall presume to doe any thing to the contrary , ought to be reserved to the censure and judgement of parliament , and such other matters of state as are proper for your majesties privie councell ought also to be debated and concluded by such of the nobility and orhers , as shall from time to time be chosen for that place , by approbation of both houses of parliament ; and that no publike act concerning the affaires of the kingdome , which are proper for your privie councell may be esteemed of any validity , as proceeding from the royall authority , unlesse it be done by the advice and consent of the major part of the councell , attested under their hands . and without doubt his majesty will condescend to so faire a proposition , for the parliament is his high and chiefe court and councell ; wherefore it is very expedient , that the doubtfull matters of state should be descided , discussed , and concluded by that high senate . his majesty hath also sealed with his commission , and concluded , that the convention of truce made between d. micha●l de l●ronha , conde de linhares , viceroy of goa , a●d william m●thwold president of the english in east-india , shall be continued and kept betweene the subjects of both kings in east-india , and in all the dominions of the most re●owned king of portugall beyond cap● bona speranza : and tha● the commissioners to be named by the said kings , shall in east-india take cognizance within thirteen yeares of the demands , which have been or shall be by the subjects and vassals of both kings for their commerce in india aforesaid , that so a perpetuall peace and confederation may be confirmed and established by the said kings , and between their subjects on both sides . and because the commerce of free comming of the subjects of the king of great britaine to the coasts and parts of affrica , the island of saint thome , and other islands comprehended under them , could not yet be agreed upon by reason of the defect of the powers sent by the most renowned king of portugall to his embassadors , that by this debate , this present treatise of peace and amity between both kings and their subjects be not delayed ▪ it is on both p●rts concluded on , that in the lands , places , castles , ports , and coasts of affrica , guyne , bine , &c. the island of saint thome , and other islands comprehended under them , wherein it shall appeare , that the subjects of great brittaine have dwelt for trade of merchandise , or have had trade or commerce there , in the time of the king of casteel● , or hitherto ; there shall be no alteration or change , neither shall they have any trouble or injury done them by the portugals , for that cause . and if any customes be to be demanded from the subjects of the king of great britaine on any cause in the castles , places , and islands aforesaid , they shall not be greater , or more grievous then those which shall be demanded f●om other nations in league with the king of portugall . and the subjects of the king of portugall wanting forreign ship● for their navigation , and commerce to the coasts and islands aforesaid may freely at their own pleasure hire the ship ; of the subjects of great britain , and that commissioners and ambassadors shall be named , by both kings , who shall create and conclude concerning the commerce , and free-comming to the coasts , islands , and places aforesaid , which hath been demanded by the commissioners of the king of great britain , for the subjects of their king , being perswaded out of the confidence of the antient amity which hath been between the predecessors of the same kings , that the most renowned king of portugall will grant to no nation whatsoever more ample rights , immunities and priviledges , then he will grant to the subjects of great britain . finis . his majesties gracious speech to both houses of parliament, at their prorogation, wherein you may be pleased to observe, that the words in the black letter are left out in thompsons pamphlet. his majesties speech as printed in thompsons domestick, wherein you may please to observe, that what is printed in the black letter, are alterations from the kings speech england and wales. sovereign ( - : charles ii) approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing h a estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) his majesties gracious speech to both houses of parliament, at their prorogation, wherein you may be pleased to observe, that the words in the black letter are left out in thompsons pamphlet. his majesties speech as printed in thompsons domestick, wherein you may please to observe, that what is printed in the black letter, are alterations from the kings speech england and wales. sovereign ( - : charles ii) charles ii, king of england, - . sheet ([ ] p.). s.n., [london : ?] place and date of publication from wing ( nd ed.). printed in two columns. imperfect: tightly bound. reproduction of original in: newberry library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng great britain -- history -- charles ii, - . great britain -- politics and government -- - . broadsides -- london (england) -- th century. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion his majesties gracious speech to both houses of parliament , at their prorogation . wherein you may be pleased to observe , that the words in the black letter are left out in thompsons pamphlet . my lords and gentlemen , when i declared in council my intention of putting off the parliament to a time so remote as november , it was not without having very well weighed and considered the grounds and reasons that induced me to it ; nor can i be prevailed upon by any thing that has hapned since ( in reference to affairs with in the kingdom ) to alter or repent of that resolution , but am rather confirmed and settled in it . when i have said this , i must tell you at the same time , that considering the present danger which threatens some of our neighbours and allies , in whose interests and safety we are so nearly concerned , it may be of very ill consequence to make a prorogation for so long a time as should in the least dishearten our friends that relie upon us ; for this single reason therefore , i think fit to appoint a day for your meeting again in april ; and having thus let you see my care of you , in relation to affairs abroad , i must observe to you , that the distractions and jealousies at home are of such a nature , and so heightened and improved by the malice and industry of ill men , that i am unalterably of opinion , that a longer interval of parliament will be absolutely necessary for composing and quieting of mens minds ; in order to which , i am afraid , the most proper remedies would prove ineffectual , without the assistance of some farther time . i do therefore resolve , that from the day whereon you are to meet in april , there shall be a farther prorogation , unless the condition of our allies abroad do then require our immediate assistance . his majesties speech as printed in thompsons domestick . wherein you may please to observe , that what is printed in the black letter , are alterations from the kings speech . my lords and gentlemen , when i did declare in council my intention to prorogue this parliament to so remote a time as november , it was not without having very well considered the grounds and reasons that induced me to it , nor can i be prevailed with in any thing that hath since hapned in relation to the affairs in the kingdom to alter that my relolution , but am rather confirmed and setled in it . and when i have said this , i must tell you at the same time , that upon consideration of the present danger that threatens some of our neighbours and allies abroad , in whose interest and safety we are so nearly concerned , it may be of very ill consequence to defer the sitting of the parliament for so long a time , as should dishearten our friends that rely upon vs : for which single reason therefore i think fit to appoint a day for your meeting in april . and having thus let you see my care for our affairs and neighbours abroad , i must observe to you the dissatisfactions and jealousies at home , are of such a nature , and so heightned and improved by the malice and industry of ill men , that i am of opinion , that a longer interval of parliament will be necessary * to purge them out . in order to which , as the most proper remedy , i intend to defer your sessions to a longer time . and i do therefore resolve , that from the day of your prorogation in april , there shall be a further prorogation , unless the condition of our affairs abroad seem to require it otherwise . the privileges of parliament which the members, army, and this kingdom have taken the protestation and covenant to maintain reprinted for consideration and confirmation on the th of january , the day appointed to remember them. prynne, william, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing p ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing p estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the privileges of parliament which the members, army, and this kingdom have taken the protestation and covenant to maintain reprinted for consideration and confirmation on the th of january , the day appointed to remember them. prynne, william, - . p. s.n., [london : ?] caption title. attributed to william prynne--nuc pre- imprints. reproduction of original in the bodleian library. eng great britain -- history -- charles i, - . great britain -- politics and government -- - . a r (wing p ). civilwar no the privileges of parliament which the members, army, and this kingdom have taken the protestation and covenant to maintain. reprinted for c prynne, william d the rate of defects per , words puts this text in the d category of texts with between and defects per , words. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - judith siefring sampled and proofread - judith siefring text and markup reviewed and edited - pfs batch review (qc) and xml conversion the privileges of parliament which the members , army , and this kingdom have taken the protestation and covenant to maintain . reprinted for consideration and confirmation on the th . of january , . the day appointed to remember them . die lunae ianuar. . it is this day ordered upon the question by the commons house of parliament , that if any persons whatsoever shall come to the lodgings of any member of the house , and there do offer to seal the trunks , doors , or papers of any members of this house , or seise upon their persons ; that then such members shall require the aid of the constable to keep such persons in safe custody , till this house do give further order ; and this house doth further declare , that if any person whatsoever shall offer to arrest or detain the person of any member of this house , without first acquainting this house therewith , and receiving further order from this house , that it is lawfull for such member , or any person to assist him , and to stand upon his and their guards of defence and to make resistance according to the protestation taken to defend the privileges of parliament . h. elsynge , cler. parl. d. com. die mercurii . ian. . commons house of parliament . whereas his majestie in his royal person yesterday being the th of ianuary . did come to the house of commons attended with a great multitude of men armed in a warlike manner with halberts , swords and pistols , who came up to the very doore of the house , and placed themselves there , and in other places and passages near to the house , to the great ter●or and disturbance of the members thereof then sitting , and according to their duty in a peaceable and orderly manner , treating of the great affairs of both kingdoms of england and ireland ; and his majesty having placed himself in the speakers chair , did demand the persons of divers members of the house to be delivered unto him ; it is this day declared by the house of commons , * that the same is a high breach of the rights and privileges of parliament , and inconsistent with the liberty & freedom thereof : and therefore this house doth conceive , they cannot with the safety of their own persons , or the indemnity of the rights and privileges of parliament , sit here any longer , without a full vindication of so high a breach , and a sufficient guard wherein they may confide ; for which both houses joyntly , and this house by it self , have been humble suters to his majesty , and cannot as yet obtain : notwithstanding which thi● house being very sensible of the great trust reposed in them , and especially at this time of the manifold distraction● of this kingdom , and the lamented and distressed kingdom of ireland , doth order , that this house shall be adjourned untill tuesday next , at one of the clock in the afternoon ; and that a committee be named by this house , and all that will come shall have voyce● , shall sit at the * guild-hall in the city of london , to morrow morning at . of the clock , and shall have power to consider and reason of all things that may concern the good and safety of the city and kingdom , and particularly how our privileges may be vindicated , and our persons secured ? and to consider of the affairs and relief of ireland , and shall have power to consult and advice with any person or persons touching the premises● and shall have power to send for parties , witnesses , papers and records , &c. mr. chancellor of the exchequer , mr. glynn , mr. whitlock , lord faulkland , sir phil. stapleton , mr. nath. fines , sir ralph hopton , sir iohn ho●ham , sir walter earl , sir robert cook , sir thomas walsingham , sir samuel roll , mr. perpoint , mr. walt. long , sir richard cave , sir ed. hungerford , mr. grimstone , sir christ . wray , sir ben . r●dyard , sir iohn h●ppisley , sir h●rbert price , sir iohn wray , sir tho. barrington , mr. wheeler , sir william l●tton . this is the * committee appointed by the former order , and are to pursue the directions of the former order , and all that will come are to have voyces at this committee . a declaration of the house of common , touching a late breach of their privilege , and for the vindication thereof , and of divers members of the said house . vvhereas the chambers , studies and trunks of mr. denzill hollis , sir arthur has●rigge , mr. iohn pym , mr. iohn hampden , and mr. will. strode esq members of the house of commons , upon monday the third of this instant ianuary , by colour of his majesties warrant , have been sealed up by sir william killigrew , and sir william flemen , and others , which is not only against the privilege of parliament , but the common liberty of every subject ; which said members afterwards the same day were under the same colour by serjeant frances , one of his majesties serjeants at arms , contrary to all former presidents , demanded of the speaker sitting in the house of commons , to be delivered unto him , that he might arrest them of high treason : and whereas afterwards the next day his majesty in his royal person came into the said house , attended with a great multitude of men armed in warlike manner with halberts , swords and pistols , who came up to the very door of the house and placed themselves there , and in other places and passages near to the said house , to the great terror and disturbance of the members then sitting , and according to their duty in a peaceable and orderly manner treating of the great affairs of england and ireland ; and his majesty having placed himself in the speakers chair , demanded of them the persons of the said members to be delivered unto him , which is a high breach of the rights and privileges of parliament , and inconsistent with the liberties and freedom thereof ; and whereas afterwards his majesty did issue forth several warrants to divers officers under his own hand for the apprehension of the persons of the said members which by law he cannot do , there being not all this time any legal charge or accusation , or due process of law issued against them , nor any pretence of charge made known to that house : all which are against the fundamental liberties of the subject , and the right of parliament ; whereupon we are necessitated according to our duty to declare , and we do hereby declare , that if any person shall arrest mr. hollis , sir arthur haslerigge , mr. pym , mr. hampden , and mr. strode , or any of them , or any other member of parliament , by pretence or colour of any warrant issuing out from the king only , is guilty of the breach of the liberties of the subject , and of the privilege of parliament , and a publick enemy to the commonwealth . and that the arresting of the said members , or any of them , or any other member of parliament by any warrant whatsoever without a legal proceeding against them , and without consent of that house whereof such person is a member , is against the liberty of the subject , and a breach of privilege of parliament ; and the person which shall arrest any of these persons , or any other member of the pa●liament is declared a publique enemie of the common-wealth . notwithstanding all which we think fit further to declare , that we are so far from any endeavours to protect any of ou● members that shall be in due manner prosecuted according to the laws of the kingdom , and the rights and privileges of the parliament , for treason or any other misdemeanours , that none shall be more readie and willing than we our selves , to bring them to a speedie and due trial ; being sensible that it equallie imports us as well to see justice done against them that are criminous , as to defend the just rights and liberties of the subject and parliament of england . and whereas upon several examinations taken this th . day of this instant ianuary , before the committee appointed by the house of commons to sit in london , it did fully appear , that many souldiers , papists and others , to the number of above five hundred , came with his majestie on tuesday last to the said house of commons , armed with swo●ds , pistols and other weapons ; and divers of them pressed to the said door of the house , thrust away the door-keepers , and placed themselves between the said door , and the ordinary attendants of his majesty , holding up their swords , and some holding up their pistols ready cock'd near the said door , and saying , i am a good marks-man , i can hit right i warrant you ; and they not suffering the said door according to the custom of parliament to be shut , but said , they would have the door open ; and if any opposition were against them they made to question but they should make their party good , and that they would maintain their partie ; and when several of the house of commons were comming into the house , their attendants defi●ing that room might be made for them ; some of the said souldiers answered , a pox of god confound them , and others said , a pox take the house of commons . let them come and be hanged , what adoe is here with the house of commons ; and some of the said souldiers did likewise violently assault , and by force disarm some of the attendants and servants of the members of the house of commons waiting in the room next the said house : and upon the kings return out of the said house , many of them by wicked oaths and otherwise , expressed much discontent , that some members of the said house , for whom they came , were not there : and others of them said , when comes the word ? and no word being given at his majesties coming out , they cried , a lane , a lane : afterwards some of them being demanded , what they thought the said company intended to have done ? answered , that questionlesse in the posture they were set , if the word had been given , they should have fallen upon the house of commons and have cut all their throats : upon all which we are of opinion , that it is sufficiently proved , that the coming of the said souldiers , papists and others with his majesty to the house of commons on tuesday last being the fourth of this instant january , in the manner aforesaid , was to take away some of the members of the said house : and if they should have found opposition or denial , then to have faln upon the said house , in a hostile manner , and we do hereby declare , that the same was a * treacherous design against the king and parliament ; and whereas the said mr. hollis , sr. arthur haslerigg , mr. pym , mr. hampden and mr. strode , upon report of the comming of the said souldiers , papists and others , in the warlike and hostile manner aforesaid , did with the approbation of the house , absent themselves from the service of the house , for avoiding the great and many inconveniences , which otherwise apparently might have hapned ; since which time a paper printed in the form of a proclamation bearing date the th . day of this instant ianuary , hath issued out for the apprehending and imprisoning of them , therein suggesting , that through the conscience of their own guilt , they were absent and fled , not willing to submit themselves to justice ; we do further declare , that the said printed paper , is false , scandalous and illegal , and that notwithstanding the said printed paper , or any warrant issued out , or any other matter yet appearing against them , or any of them , they may and ought to attend the service of the said house of commons , and the several committees now on foot . and that it is lawfull for all persons whatsoever to lodge , harbor or converse with them , or any of them ; and whosoever shall be questioned for the same , shall be under the protection and privileges of parliament ; and we do further declare , that the publishing of several articles , purporting a form of a charge of high treason , against the lord kimbolton , one of the members of the lords house ; and against the said mr. hollis , sr. arthur haslerigg , mr. pym , mr. hampden , and mr. strode , by sr. william killigrew , sr. william flemen , and others in the innes of court , and elsewhere in the kings name , was a high breach of the privilege of parliament , a great scandal to his majesty and his government , a seditious act manifestly tending to the subversion of the peace of the kingdom , and an injurie and dishonour to the said members , there being no legal charge or accusation against them : that the privileges of parliament , and the liberties of the subject , so violated and broken , cannot be fully and ●ufficiently vindicated , unlesse his majestie will be graciously pleased to discover the names of those persons , who advised his majestie to issue out warrants , for the sealing of the chambers and studies of the said members , to send a serjant at arms to the house of commons , to demand their said members , to issue out warrants under h●s majesties own hand , to apprehend the said members ; his majesties coming thither in his own royal person ; the publishing of the said articles , and printed paper , in the form of a proclamation against the said members , in ●uch manner as is before declared ; to the end that such persons may receive condign punishment . and thi● house doth further declare , that all such persons as have given any counsel , or endeavoured to set or maintain division or dislike , between the king and parliament , or have listed their names , or otherwise entred into any combination or agreement , to be aiding or assisting to any such counsel or endeavour , or have perswaded any other so to do ; or that shall do any the things above mentioned , and shall not forthwith discover the same , to either house of parliament , or the speaker of either the said houses respectively , and disclaim it , are declared publick enemies of the state and peace of this kingdom , and shall be enquired of , and proceeded against accordingly . die lunae th . ianuarii . it is this day o●dered by the commons assembled in parliament , that this declaration shall be forthwith published in print . hen. elsing , cler. parl do. com. the kings message to both houses ianuarii . . his majestie taking notice that some conceive it disputable , whether his proceedings against my lord kimbolton , mr. hollis , sr. arthur haslerigg , mr. pym , mr. hampden and mr. strode , be legal and agreeable to the privileges of parliament , and being very desirous to give satisfaction to all men in all matters that may seem to have relation to privilege ; is pleased to wave his former proceedings , and all doubts , by this means being setled , when the minds of men are composed , his majesty will proceed thereupon in an unquestionable way , and assures his parliament , that , upon all occasions we will be as carefull of their privileges , as of his life or of his crown . to the kings most excellent majesty , the humble petition of the inhabitants of the county of buckingham shire sheweth , that your petitioners having by virtue of your highnesse writ , chosen iohn hampden , knight for our shire , in whose loyalty we his country-men and neighbours , have ever had good ca●se to confi●e : however of late to our no lesse amazement than grief , we find him with other members of parliament now accused of treason : & having taken into our serious consideration , the manner of their impeachment , we cannot but ( under your majesties favour ) conceive , that it doth so oppugn the rights of parliament , to the maintainance whereof our protestation binds us ; that we believe it is the malice , which their zeal to your majesties service , and the state , hath contracted in the enemies to your majestie , the church and common-wealth , hath occasioned this foul accusation , rather than any deserts of theirs , who do likewise through their sides , wound the judgement and care of us your petitioners , and others , by whose choice they were presented to the house . your petitioners therefore most humbly pray , mr. hampden and the rest that lie under the burdain of that accusation , may enjoy the just privileges of parliament : and your petitioners shall ever pray , &c. windsor , . ianuary . his majestie being graciously pleased to let all his subjects understand his care , not knowingly to violate in the least degree , any of the privileges of parliament , hath therefore lately by a message sent by the lord keeper , signified , that he is pleased because of the doubt that hath been raised of the manner , to wave his former proceedings against mr. hampden and the rest mentioned in this petition , concerning whom his majestie intends to proceed in an unquestionable way and then his majesty saith it will appear , that he had sufficient grounds to question them , as he might not in justice to the kingdom , and honour to himself , ●ave forborn : and yet his majesty had much rather , that the said persons should prove innocent than be found guilty : however he cannot conceive that their crimes can in any sort reflect upon these his good subjects , who elected them to serve in parliament . his majesties profession and addition to his last message to the parliament , jan. . . his majesty being no lesse tender of the privileges of parliament , and thinking himself no lesse concerned , that they be not broken , and that they be asserted and vindicated whensoever they are so , than the parliament it self ; hath thought fit to adde to his last message this profession , that in all his proceedings against the lord kymbolton , mr. hollis , sir arthur haslerigge , mr. pym , mr. hampden , and mr. strode , he had never the least intention of violating the least privilege of parliament ; and in case any doubt of breach of privileges remain , will be willing to clear that , and assert these by any reasonable way that his parliament shall advise him to ; upon confidence of which , he no waies doubts his parliament will forthwith lay by all jealousies , and apply themselves to the publique and p●essing affairs , and especially to those of ireland , wherein the good of the kingdom , and the true religion ( which shall ever be his majesties first care ) are so highly and so nearly concerned . and his majesty assures himself , that his care of their privileges will increase the tendernesse of his lawfull prerogative , which are so necessarie to the mutual defence of each other , and both which will be the foundation of a perpetual intelligence between his majesty and parliaments , and of the happiness and prosperity of his people . the like petition in substance , was made by the city of london to his majesty , and the like answer , touching the impeached members , and this breach of privilege . nevertheless i have somewhat against thee , because thou hast forsaken thy first love . remember therefore from whence thou art faln , and repent , and do the first works , or else i will come unto thee quickly , and will remove thy candlestick out of his place , except thou repent . rev. . , . every city 〈◊〉 house divided against it self shall not stand . mat. . . finis . notes, typically marginal, from the original text notes for div a e- exact collection , p. . the house of commons were so far from countenancing or allowing force upon their members in . when the parliament was full and free , that they made orders for prevention of force when but suspected , and privileged their members very lodgings & goods , as well as persons , and judged all persons bound by the protestation to assist in their defence , and to stand upon their guard and make resistance . exact collection , p. , . it was then accounted unsutable to the fit●ing or freedom of parliament , to have armed men at the house of commons door , or in the passages neer to the house . * if to demand the persons of five members of the house after impeachment , is a high breach of the rights and privileges of parliament , & inconsistent with the liberty & freedom thereof , so that the house did conceive thereupon that they could not with safety of their persons or indemnity of ●h● rights and privileges of parliaments 〈◊〉 any l●ng●r , with out a full vindication and a guard wherein they might confide : what is it to imprison & seclude above . members at once , without accusation or ground of impeachment ? * a good president for the members of the house of commons to sit in london for vindication o● their privileges and security of their persons , when westminster is unsafe or under force . if mr. whitlock be the only member suffered to sit that was of this committee , no wonder the privil●ges of parliament formerly so zealously vindicated , are now so much broken and neglected . * . of them secluded and ●●cu●●d members now 〈◊〉 . exact collection p. , , . armed gards at the house door , inconsistent with the freedom and privilege of members . by law the king himself could not give warrant to apprehend members of the house . then mr. hollis as a member was as free from arrest as sir arthur he●ilrig , but now sir arthur hath the privilege alone , and mr. hollis , and the secluded members are subject to arrest at pleasure . to arrest any member by whatsoever warrant without a legal proceeding , is against the liberty of the subject , and they that arrest any such are declared publick enemies of the common wealth . it s eleven years that above two hundred members have been secluded , by their fellow members , & yet not one of thē so much as accused or brought to tryal● : let but one week be allowed for a legal accusation and tryal of the . members that sit , & if they be not all found guilty by the weeks end , let them be privi●eged to sit as long as they live . * was not the fo●ce dec. . . . and may , . and dec. . . the like ? then the house of commons would not suffer papers to be printed against impeached members now false , scandalous and illegal papers are countenanced against the major part of the house . then it was adjudged a high breach of privilege , and a seditious act , tending to the subversion of the peace of the kingdom , and an injury and dishonor to the members , to publish articles in form of a charge against them , since it hath been usual without controll in that kind to asperse them in their very licensed diurnals , especially by that insolent , malignant , lying mercinarie writer for all parties , mar. needham . such breakers of privileges of parliament are declared publick enemies of the state and peace of the kingdom , and are to be proceeded against accordingly . exact collection p. , &c. the late king very desirous to give satisfaction to all men in point of privilege , but the rump not o● exact collection p. . the petition of the countie of buckingham in behalf of mr. hambden , good president for the several counties , cities . and places . all or any of whose knights , members , are illegally secluded for their faithfulness to their country . the late king by many degrees more tender of the privileges of parliament , than those who have us●●ped his regal power . the late king offers to assert and vindicate the privileges of parliament in any reasonable way the parliament should desire . exact collection , p. , . [a proclamation commanding the muster master generall ...] england and wales. sovereign ( - : charles i) this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing c ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing c estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) [a proclamation commanding the muster master generall ...] england and wales. sovereign ( - : charles i) charles i, king of england, - . broadside. s.n., [oxford : ] title and imprint suggested by wing. at head of fragment: ... punished with death. no muster-master shall receive or ... in ms. at foot of fragment: part of a broadside issued at oxford by ch. i. imperfect: fragment. best copy available for photographing. "given at our court at oxford, this eleaventh day of novemb ..." reproduction of original in the bodleian library. eng great britain -- history -- civil war, - . great britain -- politics and government -- - . a r (wing c ). civilwar no [a proclamation commanding the muster master generall ...] england and wales. sovereign f the rate of defects per , words puts this text in the f category of texts with or more defects per , words. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - john pas sampled and proofread - john pas text and markup reviewed and edited - pfs batch review (qc) and xml conversion 〈…〉 punished with death . no muster-master shall receive of● so testified upon paine of the losse of his place , and further himselfe to the muster , or to be enrolled in the muster ro● birth or habitation upon paine of death . to which we h● shall after twenty dayes from the publication hereof , be 〈◊〉 horseman without a sword or pistoll . nor that any n● muster-master or his deputies , and attested under their ha●●spective garrisons and commands without licence of th●●ther punishment as is mentioned in the said articles . all 〈◊〉 generall , and his deputies , and all officers and souldiers of 〈◊〉 inflict the penalties therein mentioned with severity upon 〈◊〉 and because the officers and souldiers of the foot of our ●bled chearefully to performe the same . we are gratiously ●taines of foot of our army , shall every of their receive t● common souldiers each foure shillings weekly , the other t● upon accompt . and the officers and souldiers of horse , 〈◊〉 of the contributions . this our pleasure we command 〈◊〉 troop and company of our army , and to be fully obeye from time to time to receive a strict accompt of every person● given at our court at oxford , this eleaventh day of november god save 〈…〉 a letter to the earle of pembrooke concerning the times, and the sad condition both of prince and people. howell, james, ?- . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing h ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing h estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a letter to the earle of pembrooke concerning the times, and the sad condition both of prince and people. howell, james, ?- . p. s.n.], [london : . attributed to howell by wing and nuc pre- imprints. place of publication suggested by wing. dated by thomason: march . wing "second" edition. imperfect: faded, with print show-through and slight loss of print. reproduction of original in the trinity college library, cambridge university. eng great britain -- politics and government -- - . a r (wing h ). civilwar no a letter to the earle of pembrooke: concerning the times, and the sad condition both of prince and people. howell, james c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion to the earle of pembrooke : concerning the times , and the sa●● condition both of prince and people . the land mourneth because of oaths . printed in the yeare , . to the right honourable , philip earle of pembrook , and mountgomery , knight of the most noble order of the garter , and one of his majesties most honourable privy counsell , &c. my lord , this letter requires no apology , much lesse any pardon , but may expect rather a good reception , and thanks , when your lordship hath seriously perused the contents , and ruminated well upon the matter it treats of , with your second and third thoughts , which usually carry with them a greater advantage of wisedome : it concernes not your body , or temporall estate , but things reflecting upon the noblest part of you , your soule , which being a beame of immortality , and a type of the almighty , is incomparably more precious , and rendreth all other earthly things to be but bables and transitory trifles . now , the strongest tye , the solemnest engagement and stipulation that can be betwixt the soule and her creator , is an oath . i doe not understand common tumultuary rash oaths , proceeding from an ill habit , or heat of passion upon sudden contingencies , for such oaths bind one to nought else but to repentance : no , i mean serious and legall oaths , taken with a calm prepared spirit , either for the asserting of truth , and conviction of falshood , or for fidelity in the execution of some office or binding to civill obedience and loyaltie , which is one of the essentiall parts of a christian . such publick oaths legally made with the royall assent of the soveraigne , whom they receive both legalitie and life , else they are invalid and unwarrantable ; as they are religious acts in their own nature , so is the taking and observance of them part of gods honor ▪ & there can be nothing more derogatory to the high majesty and holinesse of his name , nothing more dangerous , destructive , & damnable to humane souls , then the infringment and eluding of them , or omission in the performance of them . which makes the turks , of whom christians in this particular may learn a tender peece of humanity , to be so cautious , that they seldome or never administer an oath to greek , jew , or any other nation ; and the reason is , that if that party sworn doth take that oath upon hopes of some advantage , or for evading of danger or punishment , and afterwards rescinds it , they think themselves to be involved in the perjury , and accessary to his damnation : our civill law hath a canon consonant to this , which is , mortale peccatum est ei praestare juramentum , quem scio verisimiliter violaturum ; 't is a mortall sin to administer an oath to him who i probably know will break it ; to this may allude another wholesome saying , a false oath is damnable , a true oath dangerous , none at all the safest . how much then have they to answer for , who of late years have fram'd such formidable coercive generall oaths , to serve them for engines of state , to lay battery to the consciences and soules of poor men , and those without the assent of the soveraign , and opposite point blank to former oaths they themselves had taken : these kind of oaths the city hath swallowed lately in grosse , and the country in detaile , which makes me confidently beleeve , that if ever that saying of the holy prophet , the land mourns for oaths , was applyable to any part of the habitable earth , it may be now applied to this desperate island but now i come to the maine of my purpose , and to those oaths your lordship hath taken , before this distracted time , which , the world knowes , and your conscience can testifie , were divers ; they were all of them solemn , and some of them sacramentall oaths ( and indeed , every solemn oath among the ancients was held a sacrament : ) they all implyed , and imposed an indispensible fidelity , truth and loyalty from you to your soveraigne prince , your liege lord and master the king : i will m●ke some instances : your lordship took an oath when knight of the bath , to love your soveraigne above all earthly creatures , and for his right and dignity to live and dye : by the oath of supremacy you swear to beare faith and true alleagiance to the kings highnesse , and to your power to defend all iurisdictions , priviledges , preheminences , and authorities belonging to his highnesse . your lordship took an oath when privie counsellor , to be a true and faithfull servant unto him , and if you knew or understood of any manner of thing to be attempted , done , or spoken against his majesties person , honour , crown , or dignity , you sweare to let , and withstand the same , to the uttermost of your power , and either cause it to be revealed to himselfe , or to others of his privy counsell : the oaths you took when bedchamber man , and l. chamberlain bind you as strictly to his person . your lordship may also call to memory when you were installed knight of the garter , ( whereof you are now the oldest living , except a k. of denmark ) you solemnly swore to defend the honour , and quarrels , the rights and lordship of your soveraigne : now the record tells us that the chiefest ground of instituting that order by that heroicke prince edward the third , was , that he might have choice gallant men , who by oath and honour should adhere unto him in all dangers , and difficulties , and that by way of reciprocation , he should protect and defend them ▪ which made alfonso duke of calabria , so much importune henry the eight to install him one of the knights of the garter , that he might ingage king harry to protect him against charles the eighth , who threatned then the conquest of naples . how your lordship hath acquitted your selfe of the performance of these oaths , your conscience ( that bosome record ) can make the best affidavit ; some of them oblige you to live and dye with king charles , but what oaths or any thing like an oath binds you to live and dye with the house of commons , as your lordship often gives out you will , i am yet to learne : unlesse that house which hath not power as much as to administer an oath , ( much lesse to make one ) can absolve you from your former oaths , or haply by their omnipotence dispence with you for the observance of them . touching the politicall capacity of the king , i feare that will be a weak plea for your lordship before the tribunall of heaven , and they who whisper such chimeras into your eares abuse you in grosse ; but put case there were such a thing as politicall capacity distinct from the personall ; which to a true rationall man is one of the grossest buls that can be , yet these forementioned oaths relate most of them meerly unto the kings person , the individuall person of king charles , as you are his domestick counsellor , and cubicular servant . my lord , i take leave to tell your lordship ( and the spectator sees sometimes more then the gamester , that the world extreamly marvels at you , more then others , and it makes those who wish you best to be transformed to wonder , that your lordship should be the first of your race who decerted the crowne , which one of your progenitors said , he would still follow , though it were thrown upon a hedge : had your princely brother been living , he would have been sooner torne by wild horses , than have binded against it , or abandoned the king his master , and fallen to such grosse idolatry as to worship the beast with many heads . the world also stands astonished , that you should confederate to bring into the bowels of the land , and make elogiums of that hungry people which have been from all times so crosse and fatall to the english nation , and particularly to your own honour : many thousands doe wonder that your lordship should be brought to persecute with so much animosity and hatred , that reverend order in gods church which is contemporary with christianity it selfe , and whereunto you had once designed , and devoted one of your dearest sonnes so solemnly . my lord , if this monster of reformation ( which is like an infernall spirit , clad in white , and hath a cloven head as well as feet ) prevailes , you shall find the same destiny will attend poore england , as did bohemia which was one of the flourishingst kingdoms upon this part of the earth ; the common people there , repin'd at the hierarchy and riches of the church , thereupon a parliament was pack'd , where bishop were demolished ; what followed ? the nobles and gentry went down next and afterwards the crown it selfe ; and so it became a popular confus'd anarchicall state , and a stage of bloud a long time ; so that at last , when this magot had done working in the braines of the foolish people , they were glad to have recourse to monarchy againe , after a world of calamities ; though it degenerated from a successive kingdome to an elective . me thinks , my lord , under favour , that those notorious visible judgements which have fallen upon these refiners of reform'd religion should unbeguile your lordship , and open your eyes : for the hand of heaven never appeared so clearly in any humane actions : your lordship may well remember what became of the hothams , and sir alexander cary , who were the two fatall wretches that began the war first , one in the north , the other in the south ; your lordship may be also pleased to remember what became of brooks the lord , and hambden ; the first whereof was dispatched by a deaf and dumb man out of an ancient church which he was battering , and that suddenly also , for he fell stone dead in the twinkling of an eye ; now , one of the greatest cavils he had against our lythirgie was a clause of a prayer there against sudden death , besides the fagge end of his grace in that journey was , that if the design was not pleasing to god , he might perish in the action : for the other wiseaker , he be sprinkled with his bloud ▪ and received his death upon the same clod of earth in buckingham shire , where he had first assembled the poore country people like so many geese to drive them gagling in a mutiny to london , with the protestation in their caps , which hath been since torn in flitters , and is now grown obsolet and quite out of use . touching pym and stroud , those two worthy champions of the vtopian cause , the first being opened , his stomack and guts were found to be full of pellets of bloud ; the other had little or no brain at all left in his skul being dead , & lesse when he was living : for hollis who carried the first scandalous remonstrance ( that work of night , & the verdict of a sterv'd jury ) to welcome the king from scotland and was the first of the five members who were impeached by his majesty ; he hath been since , your lordship knowes , the chiefe of the eleven members impeached by themselves , but with this difference , that they had justice against him , though the king could get none : but now that st. hollis with the rest are a kind of runnagates beyond the seas , scorn'd by all mankind , and baffled every where , yea , even by the boors of holland , and not daring to peep in any populous town but by owle-light . moreover , i beleeve your lordship hath good cause to remember , that the same kind of riotous rascals which rabled the king out of town , did drive away the speaker in like manner with many of the● membfps , amongst whom your lordship was fairly on his way , to seek shelter of their janizaries : your lordship must needs find what deadly fewds fall dayly 'twixt the presbyterian and independent , the two fiery brands that have put this poore isle so long in combustion . but 't is worthy your lordships speciall notice , how your dear brethren the scots ( whom your lordship so highly magnified in some of your publike speeches ) who were at first brought in for hirelings against the king for them , offer themselves now to come in against them for the king ; your lordship cannot be ignorant of the sundry clashes that have been 'twixt the city and their memberships , and 'twixt their memberships and their men of war , who have often wav'd and disobeyed their commands : how this tatterdemallian army hath reduc'd this cow'd city , the cheated country , and their once all-commanding masters to a perfect passe of slavery , to a true asinin condition ; they crow over all the ancient nobility and gentry of the kingdome , though there be not found amongst them all but two knights ; and 't is well knowne there be hundred of private gentlemen in the kingdome , the poorest of whom , is able to buy this whole host , with the generall himselfe , and all the commanders : but 't is not the first time , that the kings and nobility of england have been baffled by petty comp●nions : i have read of iack straw , wat tyler and ket the tanner , with divers others that did so , but being suppressed , it tended to the advantage of the king at last ; and what a world of examples are there in our story , that those noblemen who banded against the crown , the revenge of heaven ever found them out early or late , at last . these , with a black cloud of reciprocall judgements more , which have come home to these reformers very dores , shew , that the hand of divine justice is in 't , and the holy prophet tells us , when gods judgements are upon earth , then the inhabitants should learn iustice . touching your lordship in particular , you have not , under favour , escap'd without some already , and i wish more may not follow ; your lordship may remember you lost one son at bridgenorth , your deer daughter at oxford , your son-in-law at newbury , your daughter-in-law at the charter-house of an infamous disease , how sickly your eldest son hath been ; how part of your house was burnt in the country , with others , which i will not now mention . i will conclude this point with an observation of the most monstrous number of witches that have swarm'd since these wars , against the king , more ( i dare say ) then have been in this island since the devill tempted eve ; for in two counties only , there hath been neer upon three hundred arraign'd , and eightscore executed ; what a barbarous devilish office one had , under colour of examination , to torment poor silly women with watchings , pinchings , and other artifices to find them for witches : how others by a new invention of villany were connived at for seizing upon young children , and hurrying them on ship-board , where they were so transform'd , that their parents could not know them , and so were carried over for new schismaticall plantations . my lord , there is no villany that can en●er into the imagination of man , hath been left here uncommitted ; no crime , from the highest treason , to the meanest trespasse , but these reformers are guilty of . what horred acts of prophanesse have been perpetrated up and down ! the monuments of the dead have been rifled ! horses have been watred at the church font , and sed upon the holy table ! widowes , orphanes , and hospitalls , have been commonly robbed , and gods house hath been plundred more then any . with what infandous blasphemies hath the pulpits rung , one crying out , that this parliament was as necessary for our reformation , as the comming of christ was for our redemption : another belching out , that if god almighty did not prosper this cause , 't were fitting he should change places with the devill : another , that the worst things our saviour did , was the making of the dominicall prayer , and saving the thief upon the crosse . o immortall god , is it possible that england should produce such monsters , or rather such infernall fiends shap'd with humane bodies ! yet your lordship sides with these men , though they be enemies to the crosse , to the church , and to the very name of iesus christ ; i 'le instance onely in two , who were esteem'd the oracles of this holy reformation , peters and saltmarsh ; the first is known by thousands to be an infamous , jugling , and scandalous villain , among other feats , he got the mother and daughter with child , as it was offered to be publikely proved : i could speake much of the other , but being dead , let it suffice that he dyed mad and desperate . these were accounted the two apostles of the times . my lord , 't is high time for you to recollect your selfe , to enter into the private closet of your thoughts , and summon them all to counsel upon your pillow ; consider well the slavish condition your dear countrey is in , weigh well the sad case your liege lord and master is in , how he is bereav'd of his queen , his children , his servants , his liberty , and of every thing in which there is any comfort ; observe well , how neverthelesse , god almighty works in him , by inspiring him with equality and calmnesse of mind , with patience , prudence , and constancy ; how he makes his very crosses to stoop unto him , when his subjects will not : consider the monstrousnesse of the propositions that are tendred him , wherein no losse then crown scepter , and sword , which are things in-alienable from majesty , are in effect demanded ; nay , they would not onely have him transmit , and resign his very intellectuals unto them ; but they would have him make a sacrifice of his soule , by forcing him to violate that solemn sacramentall oath he took at his coronation , when he was no minor , but come to a full maturity of reason and judgement : make it your own case , my lord , and that 's the best way to judge of his : think upon the multiplicitie of solemn astringing oaths your lordship hath taken , most whereof directly and solely enjoyn faith and loyalty to his person ; oh my lord ! wrong not your soule so much , in comparison of whom your body is but a ragge of rottennesse . consider that acts of loyaltie to the crown , are the fairest columns to beare up a noblemans name to future ages , and register it in the temple of immortality . reconcile your self therfore speedily unto your liege lord and master , think upon the infinite private obligations you have had both to sire and son : the father kiss'd you often , kisse you now the sun lest he be too angry ; and kings , you will find , my lord , are like the sun in the heavens , which may be clouded for a time , yet is he still in his spheare , and will break out again , and shine as gloriously as ever ; let me tell your lordship , that the people begin to grow extream weary of their physitians , they find the remedy to be far worse then their former disease ; nay , they stick not to call some of them meer quacksalvers , rather then physitians ; some go further , and say , they are no more parliament , then a pye-powder court at bartholomew-faire , there being all the essentiall parts of a true parliament wanting in this , as fairnesse of elections , freedome of speech , fulnesse of members , nor have they any head at all ; besides , they have broken all the fundamentall rules and priviledges of parliament , and dishonoured that high court more then any thing else : they have ravish'd magna charta , which they are sworne to maintain , taken away our birth-right , and transgressed all the laws of heaven and earth : lastly , they have most perjuriously betrayed the trust the king reposed in them , the trust their countrey reposed in them ; so that if reason and law were now in date , by the breach of their priviledges , and by betraying the double trust that is put in them , they have dissolved themselves ipso facto , i cannot tell how many thousand times , notwithstanding that monstrous grant of the kings , that fatall act of continuance ; and truely , my lord , i am not to this day satisfied of the legality ( though i am satisfied of the forciblenesse ) of that act , whether it was in his majesties power to passe it or no ; for the law ever presupposeth these clauses in all con●essions of grace , in all patents , charters , and grants whatsoever the king passeth , salvo jure regio , salvo jure coronae . to conclude , as i presume to give your lordship these humble cautions , and advice in particular , so i offer it to all other of your rank , office , and orders , who have souls to save , and who by solemn indispensable oaths have ingaged them to be true and loyall to the person of king charles . touching his politicall capacity , which fancy hath been exploded in other parliaments ( except in that mad infamous parliament , where it was first hatched ) and acts p●ssed that it should be high and horrible treason to seperate or distinguish the person of the king , from his power ; i believe , as i said before , this will not serve their turne at the dreadfull bar of divine justice in the other world : indeed that rule of the pagans makes for them , si iusjurandum violandum est 〈…〉 dis causa violandum est , if an oath be any way frangible ▪ tis frangible for a kingdome : we find by wofull experience , that according to this maxime , they have made themselves all kings , by violation of so many oaths ; they have monopolized the whole power and wealth of the kingdome into their own hands ; they cut , shuffle , deal , and turn up what trump they please , being judges and parties in every thing . my lord , he who presents these humble advertisements to your lordship , is one who is inclin'd to the parliament of england in as high a degree of affection as possibly a free-born subject can be ; one besides , who wisheth your lordships good , with the preservation of your safety and honour , more really , then he whom you intrust with your secretest affairs , or the white iew of the upper house who hath infused such pernicious principles into you ; moreover , one who hath some drops of bloud running in his veines , which may claime kindred with your lordship : and lastly , he is one , who would kisse your feet , in lieu of your hands , if your lordship would be so sensible of the most desperate case of your poor country , as to employ the interests , the opinion and power you have , to restore the king your master by english wayes , rather then a hungry forrain people , who are like to bring nothing but destruction in the van , confusion in the reare , and rapine in the middle , should have the honour of so glorious a work , my lord , so , humbly hoping your lordship will not take with the left hand , what i offer with the right , i rest , your most truely devoted servant . finis . the character of a bigotted prince, and what england may expect from the return of such a one ames, richard, d. . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing a ab estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : or : ) the character of a bigotted prince, and what england may expect from the return of such a one ames, richard, d. . [ ], , [ ] p. printed, for richard baldwin ..., london : . "licensed, may the th, j.f. ." includes half-title page. attributed to ames by wing. the "bigotted prince" is james ii. item at reel : identified as wing c (number cancelled in wing nd ed.). item at reel : has advertisement, "books printed for r. baldwin," on p. [ ] at end. reproduction of originals in the huntington library and the harvard university library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng james -- ii, -- king of england, - . jacobites. great britain -- kings and rulers -- succession. great britain -- politics and government -- - . - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - judith siefring sampled and proofread - judith siefring text and markup reviewed and edited - pfs batch review (qc) and xml conversion the character of a bigotted prince , &c. the character of a bigotted prince ; and what england may expect from the return of such a one. licensed , may the th , j. f. . london : printed , for richard baldwin , at the oxford-arms in warwick-lane , . the character of a bigotted prince , &c. it has been the great unhappiness of the kingdom of england , for some years last past , to be troubled with two very different sort of persons of quite contrary tempers ; the one party of so very costive a faith , that they could believe nothing , and the other of so easy a belief that they could swallow every thing ; the first of these could not see the sun of truth in its brightest meridian ; and even mathematical demonstration signified nothing in order to persuade them ; they could not ( or at least would not ) see their native country hurried to the very jaws of ruine , and imitated nero in his stupidity , who could unconcernedly tune his harp when rome was in flames ; every thing about 'em seem'd pleasant and gay , they never suffered their minds to be rufled with anxious thoughts for the future , so they enjoy'd the present , and observ'd in the literal ( but corrupted ) sence the command of our saviour , to take no care for the morrow ; the most surprizing relations mov'd them not a jot , and they gave as equal a credit to an information or confession upon oath , as they would have allow'd to a chapter in rablais his history of garagantua . the other were of a quite different stamp , they could credit the most improbable stories , and the most far fetcht lyes were with them esteem'd as oracles ; they were ever at coffee-houses or places of such resort , still listning to every idle pamphleteer's discourse , with more attention than to a sermon ; they could not see a chimney on fire , but immediately some treachery they believ'd was in agitation ; and a drunken midnight quarrel in the streets allarm'd their thoughts into the belief of a massacre ; they had nothing in their mouths but plots and designs ; and holy writ it self stood upon the same bottom in their creed with some witnesses depositions ; their imagination hag-rid with suspicious and fears , daily presented them with such frightful scenes , that they were not only uneasy to themselves , but likewise to all about them , which render'd their days unpleasant , and their nights unquiet , insomuch that some of them durst not go to bed for fear next morning they should wake and find their throats cut. from these two very corrupt humours in the late times ; were produced those two odious characters of whigg and tory , which were banded about so long in jest , that they soon turn'd earnest , and he was thought either a knave or a blockhead who would not suffer himself to be dignified or distinguished by one of those titles . this humour continued for some years with great violence and disorder , during the latter end of the reign of k. charles the second ; in all which time 't is obvious whoever wore the crown , a great person then at court manag'd affairs at the helm . that great prince ( who had seen both the extreams of a prosperous and an adverse fortune ) by his death yeilded the throne to his only brother , in the beginning of whose reign the two discriminating names before mention'd seem'd to have been utterly forgotten ; the former in seeing a prince the darling of their thoughts and wishes now become a monarch , and the latter in their mistaken apprehensions of his unexpected clemency in affording them liberty of conscience . the storm was now abated , and mens tempers grew more compos'd , the virtues of the soveraign fill'd every mouth with his praises ; his goodness , his justice , and his piety was the theme of common discourse , and nothing but the name of james the just heard in the most ordinary conversations . it does not become a subject too nicely to inquire into the miscarriages of a crown'd head ; but this must be consest ; very ill things were done , even to the alteration of the fundamentals both of our religion and government ; and this must be own'd by every one whose ears are not stopt by invincible prejudice or partiality . 't would be vain labour to descend to particulars in a discourse which is design'd to be of another nature . the jewish feast of tabernacles , tho' long time abrogated by the coming of our saviour , hinders not , nor forbids me to reflect on the dangers i escap'd in the wilderness . i may lawfully , i think , select such days in the year to consider how corporations were regulated , bishops imprison'd , and other irregularities committed in the late reign , without assembling a conventicle , and there in some lewd harrang swell every miscarriage to a prodigious greatness . the actions of princes ( evil ones especially ) are their own proper heralds , and every one of his subjects carries some short remarks of his reign in their memories . i do not believe that history can parallel the joys and triumphs of any nation upon their deliverance from oppression , with the universal triumphs of the english upon the never to be forgotten late revolution ; they seem'd like men kept a long time in durance , and now were blest with the sweets of liberty ; nay , even some of our present murmerers themselves were most forwardly active to shew their zeal for the then prince of orange , who by his coming seem'd to open the scene of a new world , and restore the english to the poet's time of the golden age again . but like true israelites , we long again for the onions and garlick of egypt , and would fain be under our old task-masters once more ; the wound which was seemingly heal'd , is now broke out again , and what we lost in the antient tory , we find reviv'd in the modern jacobite . we were told in a prophetick discourse some years since , what treatment we were to expect if a prince of the romish communion should settle upon the throne ; the effects of which every one who is not wilfully blind must acknowledg . did he not drive jehu-like in a full carreer to rome ? were not his emisaries in every great town in england regulating corporations , and poisoning the minds of the people with popish doctrins ? were not all places of trust both civil and military fill'd up with those of the romish faith , or others whom he made use of for his own ends ? were they not come to an excessive hight of impudence both in their sermons and discourses ? was not the torrent swell'd so high that they hourly expected the deluge ? were not the fences of the law ( the security of the subject ) attempted to be broke down ? and magna charta , when in opposition to the princes will , be valued no more than a cancell'd deed of conveyance ; was not an embassador sent to rome , and a nuntio entertain'd here ( to settle the protestant religion no doubt ) and a thousand other practices committed as directly opposite to the interest of the english nation , as fire is contrary to water . was all this done in a corner ? were not their actions as barefaced as the sun ? and after all this , and the deliverance we enjoy , must we go into the house of bondage again , and put on those fetters we so lately shook off ? let the seeming warmth of this parenthesis be a little excus'd ; yet i must confess , such considerations as these are almost valid enough to justify a passion , and make anger appear no fault ; for were the roman catholicks the only asserters of the rights of the late king james , the wonder would be little ; bodies often sympathise at a distance , and they by several obligations are bound to wish him success ; and while they terminate in empty hopes , let them still regale themselves with their airy diet ; i pity the deluded creatures , but cannot blame them , because they act upon their own principles ; and 't would be as unnatural for them not to pray for his return , as for a cardinal , in hopes of the popedom , to wish success to the protestant forces ; or a calvinist to drink a health to monsieur catinat : but when a sort of men guided , as they pretend , by the dictates of an unerring conscience , shall at this time of day openly declare for an exploded interest , and these protestants too , men no ways leven'd with popery , or any of her doctrin's , but zealous maintainers of the church of england , devout and pious , charitable and just , in the chief employments of the church , and the brightest of the golden candlesticks : for these so openly to declare their aversion to this present government , and their fondness for the last , is what does not a little elevate and surprise ( to use an expression of mr. bays ) and comes almost as near to a miracle as transubstantiation . a late very eminent doctor of the church , when the prosecution was violent against the dissenters , wrote a most learned tract , concerning the nicety of a scrupulous conscience ; wherein he very curiously anatomizes the several meanders and turnings of that invisible operation , and proves that humour , discontent and interest do frequently wear the livery of conscience . how nice soever some may be in point of religion , i wish these gentlemen could acquit themselves from the forementioned disguise with which they masquerade their political conscience . one would wonder what strange bewitching sophistry the church of rome makes use of to blind the understandings of her votaries , to that degree , that they are continually mistaking their own interest , and tamely to deliver up their bodies , souls , reputation and fortunes for the reversion of purgatory hereafter , only for the slight gratification of their humours here ; and i appeal to the greatest asserter of king james his interest , if they can produce any crown'd head in england since the conquest , who was half so infatuated and bigotted to the interest of the see of rome , as the late king : indeed we read of a religious edward , and a pious , devout henry ; but our english history cannot afford us one instance of a prince who would sacrifice his own honour , his kingdoms safety , his interest abroad , and the love of his subjects at home , meerly out of a mistaken zeal to the advancement of the romish faith ; the most solemn oaths and protestations esteem'd no more than words of course ; and that which was held sacred amongst all mankind , valued as nothing in competition with a command from the apostolick chair : the old lady at rome with all her wrinkles , has still some charms to subdue great princes ; and tho she has abus'd , depos'd , and murther'd so many of her lovers , yet she finds every day some new admirers who are proud of her charms ; a practice which comes as near a miracle , as any that church in her legends can boast of ; and i hope some passages in the late reign are not so forgotten , but they may serve to justify the truth of the assertion . indeed for our amusement we were once told by a popular pen , that allowing a king upon the english throne , principled for arbitrary government and popery , yet he was clog'd and shackl'd with popular and protestant laws , that if he had ne're so great a mind to 't , there was not a subject in his dominions would dare to serve him in his design . how true this assertion has since prov'd , let any indifferent person judge ; the late king himself both dar'd and found no small number of his subjects as resolute as their master , to alter the whole frame of the english government ; he found not men only of his own communion , but men of all religions , or rather of no religion at all , whose desperate fortunes push't'em on to the most daring enterprises ; his single command added life to their motions ; and no wonder he found tools to work withal , when all the obligations of law were shrunk into the small compass of a princes will , and the musty lines of magna charta dwindled to a sic volo , sic jubeo . several other artifices were us'd , to let us conceive a popish prince no such terrible bugbear as common fame represents him ; as that the idolatrous superstition of the church of rome was by a long series of time so worn off the minds of the people , and the reformation so strongly rooted , the church of england so firmly establish'd , the romanists so detested for their innovations in doctrin and absurdity in ceremonies , &c. that it was impossible ever to fix popery here : but , alas , 't was meer delusion , we quickly saw through the juggle , and the state-quacks discover'd their leigerdemain tricks too openly ; and had not almighty god by a most surprising , and almost unparllel'd providence deliver'd us , i know not by this time , but that the name protestant had been as odious in england , as the term of hugonot is now in france ; and the dominicans and franciscans left their cells in lincolns-inn-fields and the savoy , to have sung their regina coelorum in all the cathedrals in england . i am not ignorant how some persons do still magnifie the merits of the late king , as to his private virtues , as his being descended of the blood royal , his inviolable tenderness for his friend , the exact correspondency of his mouth and heart , his courage against the dutch , &c. but these were glimmering rays of his , which shin'd upon some few only ; for when he came to his meridian , they chang'd their nature , and the scorching beams of his zeal for his religion got the ascenednt of all his other accomplishments , which so clouded his discerning faculties , that he mistook his friends for his enemies , and his enemies for his friends ; the most sage and deliberate advices given him in opposition to beloved jesuits , were censur'd as intrenchments upon his prerogative , and the single ipse dixit of father peters , valued above the joynt council of the realm ; the colledges of oxford and cambridg esteem'd as nurseries of hereticks , and the president and fellows of magdelen colledg most illegally ejected from their just rights , to receive upon the foundation a sort of sparks who were neither schollars nor gentlemen . priviledg was swallow'd up by prerogative , and know i am your king , was a supersedeas to all manner of humble petitions and remonstrances ; his priests , those fatal scorpions , he so hugg'd in his bosom , were the chief incendiaries , and contrary to our known laws , swarm'd over from doway and st. omers , greedily gaping after preferments , which they needed not have wanted , could his will alone have placed them in ecclefiastical dignities ; they must be humbly content with titular and imaginary bishopricks in nubibus , till the stubbern hereticks who enjoy'd 'em , would at once part with their reasons and their livings together . but the greatest occasion of his arbitrary government , and the aera from whence he may date all his late misfortunes , was his friendship with the french king , a right son of ishmael , whose hand is lifted up against every man's , and every man 's against his ; a man who has not one single virtue to counterballance that prodigious stock of vices which harbour in his breast ; a man who has built a reputation upon the ruins of his neighbours kingdoms ; and yet with this gallick nimrod did the uunfortunate king james contract a most lasting alliance . i perceive i am stopt in my assertion , and a little dabler in politicks challenges me to prove the contract : 't is true , we cannot shew the original deed , with their signets and names affixt to it ; but he must surely be delivered over to unbelief , who cannot credit such circumstances as serve to clear the matter from all doubt or hesitation : who promoted the marriage of the duke with the princess of modena ? who defraid the charges of her journy , and paid the greatest part of her fortune , but the french king ? if this will not satisfie , pray examine coleman's letter to sir william throgmorton ; the duke 's then agent at the french court , where he tells him , that when the duke comes to be master of our affairs , the king of france will have all reason to promise himself all that he can desire ; for according to the dukes mind , the interest of the king of england , the king of france , and his own , are so closely bound up together , that 't is impossible to separate them one from the other , without the ruin of them all three ; but being joyned , they must notwithstanding all opposition , become invincible : there are other letters between mr. coleman and father le chaise which carry such undeniable marks of a contract between king james when duke of york and louis le grand , that none but those devested of common sense , can have reason to doubt it : if this is not throughly convincing , let any one consult the memorial given in by monsieur d' avaux , the french embassador at the hague , sept. th , which if the curious reader desire to see at length , i refer him to the st vol. of mercurius reformatus , or the new observator , no. . wherein the ingenuous author of that paper , does prove it beyond all possibility of contradiction . there are several other arguments as unquestionable as the former , which for brevity's sake , i omit . and now 't is time to breath a while , and consider what are the those regal virtues , of which , if a prince has not a share , he will hardly answer the expectations of his people , nor the ends of government ; they are generally recon'd to be piety , prudence , justice , and valour ; but if his piety degenerates into biggottism , his prudence into unsteady timerousness , his justice into acts of cruelty and severity , and his valour into rashness and obstinacy ; what ever his flatterers may say of him , yet certainly he is unfit to govern. let the reader apply the character where he pleases , and find a crown'd head whereon to fix these four vices , by another name call'd virtues . how much of the comparison may fall to the king's share , we know not ; but of his bigottry , zeal , ( or what other name you please ) to his religion , i believe by this time the world wants not to be convinc'd ; for if for arguments sake we should allow ( what we cannot believe ) viz. a merit in religious actions , certainly the late king has bid the fairest for cononization , after his death , of all the crown'd heads who have liv'd these two centuries , who would sacrifice three kingdoms to the capricios of a priest ; but be it unto him according to his faith ; and indeed it is but just he should expect a crown in heaven , if for its sake he has lost one on earth . this in a few lines we have given the character of a bigotted unfortunate prince : but leaving him at his devotions , let us a little return homewards , and observe a sort of men who are so very impatient under this government , that their very looks express their discontent ; they are as uneasy , tho in the sun-shine of liberty , as the slaves at algeirs are with their chains ; they cannot take an oath to a government that will protect 'em , and nothing will ever satisfy them , but the return of their old master . good god! to what stupidity is mankind arriv'd ? to dislike the most easy government in the world , to espouse that which is the most barbarous in its nature : a government that in measures of cruelty exceeds ev'n the most savage communities on the coast of india ! a government so debauch'd with false religion , that considering the interest of mankind , and the ill usage it exposes mens persons and fortunes to , it could be almost wisht that such a religion had never been known in the world. in the name of wonder , what would these gentlemen have ? they were many of them ( at least many pretended to be ) uneasy under the last , when popery and arbitrary government seem'd to come as an armed man ; and now they are almost beyond the possibility of such fears , they murmur : of what mercurial temper are the english compos'd , that they can never be setled ? popery was once their terrour , and now that is remov'd , they fear they know not what ; like men in feavers , they are restless in this bed , and when remov'd to another , are as uneasy in that . i appeal to any of them , if the pressures that gawl their shoulders , either in their persons or fortunes , was not brought upon themselves by their own perverse obstinacy , for which conscience is still the pretence ; the government would have them live easy , and enjoy their estates and preferments both civil and ecclesiastical , nor would molest them while quiet they might sit under their vines and under their fig-trees , but they will not ; and if men will turn themselves out of all , in compliance to a humour , who can help it ? it must be confest , that when once the persons of kings grow contemptible , or little in the eyes of their subjects , their smallest miscarriages are magnified to that degree , as very often terminates in their ruin : but there is an errour on the other hand , when the worst actions of princes shall be thought innocent ( for according to some persons creed , a king can do no wrong ) and the belief of passive obedience is carried so high , that even his arbitrary proceedings shall be winkt at : this is to exceed even the arts of the turkish policy , who pay not a greater veneration of their grand signiors , than some of our zealots do to the late king , they solemnly drink his health upon their knees , and pray for him in their private devotions affectionately ; nor do they forget him in the publick liturgies of the church , for every one knows the secret mystery of bless and protect the king our governour . to be short , nothing will serve them but his return , to redeem them out of their imaginary bondage ; for this they wish , for this they pray : nay , the jews themselves do not at this day with greater impatience and mistaken zeal expect the coming of the messias , than these kind of men do for the restauration of king james to his crown and dignity . let us therefore a little examin what specious pretences they have for such an ambition ; and tho indeed they are as shy of revealing the secret , as they would be of a fairy treasure ; yet by some expressions occasionally dropt in conversation , 't is not very hard to conjecture some of them . as first , they are great pretenders to moral justice ; they say king james had a great deal of wrong done him , and being their soveraign prince , they are obliged to see him righted . are they so ? but who gave them the commission ? their conscience , they will tell you , but their conscience is so great a riddle , that it will never be expounded ; their conscience would have king james in his throne again , tho never so much bloodshed and miseries might ensue ; their fondness to his person closes their eyes and stops their ears to all the calamities their fellow subjects must necessarily suffer by such a revolution ; nay , this very conscience of theirs , was one of the chief occasions which prompted the late king to commit those arbitrary actions in his shortliv'd reign ; they told him he might do what he pleas'd , and for his actions , was accuntable to none but god , tho he should turn upside-down our laws , religion , and liberties , and that we were tamely to submit our necks to the blow when ever he should command it , in spite of laws , tho it were in the power of our hands to save our selves by a just defence . no wonder then upon such considerations as these , and prompted by the native cruelty of his own religion , he permitted those unaccountable actions to be committed ; and he is as much beholding to those fiery sticklers for the loss of his crown , as he was to father pretre's , and other jesuetick advice . it is the nature of mankind to covet liberty , and to have all things about them easy and free : now i would ask these gentlemen what greater freedom they can expect , were their beloved prince reinstated in his throne again , than what they now enjoy ? are not their fortunes secur'd to them by the best laws in the world ? who goes about to invade their properties , or devest them of their estates ? yes , they reply , some bishops and other ecclesiastical persons have lost their livings and means of subsistence , because : — yes , the because is very well known , because they cannot take the oaths . it would have been wisht , that those reverend persons would have inform'd the world with the reasons of their non-compliance , which might have regulated the unthinking minds of some of their bigotted followers , who out-do even the votaries of the church of rome in an implicit faith ; and believe 't is not lawful for them to swear to the government , because dr. such a one refuses the oaths . a very pretty conclusion ; but allowing it to be conscience in their own acceptation , i believe when humour , prejudice , and some other niceties are separated from it , the thing call'd conscience will appear in this case but an airy notion . some of the most moderate of them , i confess , who are great lovers of the late king , could wish him here again without the assistance of the french ; but if their faith was but as strong and powerful as their hopes , they might certainly remove mountains , and joyn the alps to st. michaels-mount in cornwall ; but these are wishes as improbable as they are impossible to be effected ; for you may as easily separate heat from fire , or moisture from water , as divide the interests of king james , from those of lewis the fourteenth ; no , no , like hippocrates his twins they must live and dye together ; and therefore these sort of men deserve rather our pity than our laughter . but there are another sort who will have their old master return again , though by never such indirect means ; and are as glad when they hear of the success of the french arms , as they would be to receive the news of the death of some decrepid relation of theirs , who by his exit , leaves them a plentiful estate . and let mons and flanders , savoy , and all the confederate countries be reduc'd to heaps of ruins , so their dear king may come to his throne again , though he enter'd the city of london with luxemburgh and boufflers at the head of fifty thousand french dragoons . these are hopeful protestants i'faith , blessed reformers and defenders of the christian church ; fresh straw and a dark chamber , cooling purges , leeches and blood-letting are only fit for such as these ; they are mad beyond the cure of hellebore : but because it is necessary sometimes to answer a fool according to his folly. let us ask 'em what mighty mischiefs have the dukes of savoy , and bavaria , the electors of brandenburgh , mentz , and cologne , the emperour of germany , the king of spain , and the united provinces done these gentlemen , that they are so mighty angry with them , and could wish the sculls of all their subjects were to pave the way for king james his accession to ae forfeited throne ? how came these involv'd in the quarrel ? must king james his supposed right , like pharoah's lean kine , swallow up all other princes properties ? what has he done to be so much the darling of mankind , that other mens glories must be ecclips'd to make his glimmering rays shine the brighter ? are great britain , france and ireland , to be the only goshen , and must there be darkness all over europe besides ? these men are a most strange sort of political predestinarians , who will allow no peace nor plenty to any but their master and his friends ; and it is hard to be determin'd , whether folly or madness has the greatest share in the composition of their hopes . all pity and humanity to their fellow creatures is laid aside , and they seem to exceed the indian cannibals in acts of cruelty , for how severe they may be to strangers , they yet seldom devour those of their own tribe ; no man that hears 'em discourse , can certainly keep within the bounds of moderation ; for who ever has the patience to hear their arguments , will certainly expect better reasons in bedlam , from the lucida intervalla of a lunatick . the love of ones country , was ever by the most polite nations , esteem'd as the characteristical mark of a noble soul , and vincit amor patriae , seem'd to be written in indelible marks upon their breasts ; for this the ancient greeks and romans were famous . remarkable to this purpose is the relation livy gives us of curtius a noble roman , who when the earth was sunk with a wide gap in the middle of the forum , and it was told , it would not come together again , unless some prime young nobleman were put into it ; he to deliver his country , mounted on horse-back , rode into the gaping chasma : but we on the contrary , have a sort of men amongst us , who would gladly see their native soyl over-run with a knot of villains , to gratifie one mans lust of power on the one hand , and their unaccountable humour on the other . i would fain ask them , supposing the possibility of such success , whether the french arms are so well bred , as to distinguish them from the rest of the english sufferers by such a revolution ( to which that of the goths and vandals in italy , was but a civil visit ) ? i fear like tarpeia the vestal virgin , who covenanted with the sabines to betray the capitol to them , for what they wore on their left arms ; but when they were entred , into of bracelets which she intended , they threw their targets upon her , and pressed her to death ; so would these very men suffer in the common calamity ; for the french , as well as other nations , agree in this , that though they love the treason , they hate the traytors . to invert a little the words of mr. dryden to the reader , before his poem of absalom and achitophel , every man is a knave or an ass on the contrary side ; and there 's a treasury of merits in sam 's coffee-house , as well as in richard's at the temple ; but the longest chapter in deuteronomy has not curses enough for well-wishers to the french. it was the speech of a moderate gentleman in the long parliament , when the faction in the house of commons was high against the bishops , and the establish'd church , gentlemen , ( says he ) let us see the model of your new intended superstructure , before you pull down the old one . if we should ask some of these fiery bigots for the interest of the late king , what advantages they can propose to themselves by his return ; unless like the unrewarded poor expecting caviliers at the restauration of king charles the second , they can be content to be loyal and starve ; for if the latter end of king james his imaginary reign , should be of a piece with his first real beginning , he will still neglect his truest friends , and stick close to flattering enemies . with so deep a root has the advice of a chancellor , about the year , still remain'd in the breasts of the princes , oblige your enemies , and your friends will be true to your interest . but i have wandred from my subject , by a long , but i hope , not very impertinent digression , and therefore ( asking my reader 's pardon ) return to my subject , or rather the applicatory part of it . we have seen the character of the prince and his bigotted followers ; and as all things are best set off by examples , let us now draw a parallel or landscape of the two different complexions of the reigns of king william and queen mary , and king james , and what we are unavoidably to expect , should almighty god in the course of his providence , for our punishment , and the gratification of some restless spirits , bring king james to his throne again : of the ease and tranquility of the first we are certain , but of the horrour of the latter , the most terrible ideas we can form of it in our imaginations will come short of the life ; for as the safety we now enjoy , almost exceeds our hopes ; so the stripes we must then feel , will transcend our very fears . in the person of the king , we have a prince who is truly ( what the historian says of titus ) humani generis deliciae , who has centred in his person all the valour and wisdom of his ancestors : a prince so truly great , that those lawrels which add such lustre to anothers brow , look but faintly on his , he needing no additional varnish to set off his native goodness : a prince , born to be the arbiter of christendom , whom all the crown'd heads and states of europe adore as the only person who must break the jaws of the french leviathan : not the greatest dangers which so terrify pusilanimous minds , can at all move him , who caring not for an inactive inglorious greatness , expos'd his sacred person to rescue these ungrateful kingdoms from the moct insupportable tyranny of arbitrary power ; since which , in ireland he gave most invincible proofs both of his courage and conduct ; the united force of europe could not concert their measures against france , till his presence influenced their counsels at the hague , to which he went through a thousand perils at sea ; after a short return , he is now gone again to flanders to head that prodigious army : victory seems to accompany him in attempts of war , and his worst enemies must own him to have the very soul of courage . in the person of the queen , we have a second queen elizabeth ; but with respect to her sacred ashes , we may say , the copy far exceeds the original . never did a crown'd lady shew more conduct and magnanimity than when the french fleet was upon our coast , when her illustrious husband was fighting in ireland : a princess , whose thousand charms make her fit to rule , and command even respect from her very enemies ( if any such there are ; ) her majesty is temper'd with so much mildness , that at the same time , she neither invites nor forbids access ; the glory of her own sex , and the admiration of ours . under these two illustrious persons is england , &c. at this time govern'd by the most exact laws that ever were made , the prerogative of the king not dominating over the priviledges of the people , the church of england flourishes , not withstanding the peevishness of some of her votaries ; and the dissenters enjoy their liberty of conscience without design : the great blessing of this nation , viz. the parliament , does frequently meet , and their votes are unanimous for supplies for the nations good : the taxes by them levied are ( excepting by some few discontented spirits ) willingly paid , and the people satisfied that their mony is employ'd for the uses intended , not lavishly and unaccountably thrown away on pensioners , &c. every man enjoys his plentiful or competent fortune , with all the freedom imaginable ; no tricks are made use of to decoy us into slavery ; from the very prospect of which , the king designs by his utmost endeavours to free us by appearing himself in person at the head of the confederate army , in opposition to the power of france : he designing to rescue the glory of the english nation from that stupidity , the luxury , and effeminacy of the late reigns had obscur'd it with ; and we have nothing to render us unhappy but our own groundless fears and jealousies , in which unaccountable humour , if we still persist , like the seditious amongst the jews , we shall do our selves more mischief within the walls , than our enemies could possibly do without , when the glory of their city and nation yeilded to the arms of the romans , who could never have conquered them , had not their murmurers within done more execution to themselves , than all the battering rams of titus could possibly effect against their walls . but now to shew the reverse of the medal . if king jame's return to re-assume his justly forfeited right , as no human reason can possibly suppose him to come in without the assistance of the french , let us consider what a field of blood will our country be ; he coming in like a conqueror , will make us quickly feel the difference between the easy government we now live under , and the insupportable tyranny we must then endure ; his imaginary zeal for the defence of the protestant religion , being long since quench't by the affronts he pretends to have suffered by those of that communion ; then will rome erect her standard in defiance to all the methods of the reformation , and popery become the standing religion of the nation . it cannot be suppos'd that the instructions he has receiv'd from his great patrone lewis , will easily be forgot ; and he who when in a private capacity would ever hardly forgive one whom he suppos'd had done him wrong , will now be hardly brought to forget a national indignity ; he will never certainly listen to any overtures of capitulation ; and 't is impossible to believe that things can be ever accomodated between an incens'd prince , and ( as he supposes ) a rebellious people . he has not so long breath'd in the air of france , as not to learn its tyrannical and arbitrary maxims ; and the ( as he thinks ) meritorious zeal of propagating his own religion , will let him stick at nothing , how arbitrary soever , to establish it . we may indeed imagin him to be of a merciful nature , and that all shall be forgotten as if never done , and that an act of indemnity will make all even again ; but those who are so blinded as to believe these fair promises , let them but look into an act of his own , dated at his residence in dublin . and in a proclamation of his , to his pretended subjects in scotland , may . . he is most graciously pleas'd , not only to incourage his friends to be destroyers of mankind , but likewise offers them pardons for such inhuman cruelties : telling them in the said proclamation , 't is his pleasure they should rise in arms , and assault and destroy , and what ever blood-shed and slaughter , mutilations or fire-raisings should be done to these rebels , ( as he calls the scotch ) his proclamation should be their sufficient warrant for such acts. if this is his kindness for the scotch nation , can we think the english will more civilly be treated ? no , no , let us no longer amuse our selves with fancies of his clemency and kindness . we live under a government where we may be hapy if we please , and nothing but our discontent can render us miserable ; for as certain as there is a providence , if ever such a fatal revolution should happen , not savoy , nor piedmont , nor all the places where the arms of the french have ravag'd , were ever such scenes of blood and confusion as england will be . we are now in our crisis , and a few months will , in all probability , determin the fate of europe in general , and of our own country in particular ; and upon the success of the confederate army , headed by our most victorious prince , depends the liberty or slavery of the most civiliz'd part of the world. postscript . at the conclusion of this discourse , i imagin some smiling reader finding fault , and by his looks would seem to tell me the landskips are as ill drawn as they are ill design'd , and that the lyon is not so fierce as he is painted , nor will the return of a prince of the romish communion be so terrible to his protestant subjects as i would seem to represent . but in answer to this , i must acquaint the gentleman , that i fear i have committed un error on the other hand , and instead of adding fierce colours to make the piece seem tremendous : i have used such faint shadows as do not heighten the picture . partiality and prejudice are very ill spectacles , and but too often cause a false medium . i have seen a picture , which if one lookt obliquely upon , on the left hand were represented the heads of three fair ladies ; but if you chang'd the position of your body , and stood on the right hand of the design , the very same picture shew'd you a monkey and two parrots . i know not on which hand my reader 's judgment stands , which valued faculty of ours we find to be very often deluded ; for if i may apply a place in holy writ , very pertinent to this purpose , only exchanging the case of the father for that of the son ; they who form such terrible ideas of the imaginary severities they feel under the present reign , where they are only beaten with rods , will at the return of their idoliz'd prince , be chastis'd with scorpions . finis . books printed for r. baldwin . new predictions of the fate of all the princes and states in the world. price . sodom fair : or the market of the man of sin. containing , a true account of the prices of the pope's pardons and dispensations ; being a treatise very useful and necessary for all young english papists , who intend to take holy orders , or travel through italy ; and all such as intend to be cheated both out of their souls and mony. to which is added the history of adultery , as it is now at rome by law established ; with the life of clement the sixth , and blasphemous bull which he published for the year of jubile , . a journal of the late motions and actions of the confederate forces against the french , in the united provinces , and the spanish netherlands . with curious remarks on the situation , strength and rarities of the most considerable cities , towns and fortifications in those countries . together with an exact list of the army . the present state of christendom consider'd , in nine dialogues , between i. the present pope alexander the viii . and lewis the xiv . ii. the great duke of tuscany , and the duke of savoy . iii. king james the second , and the marescal de la feuillade . iv. the duke of lorrain , and the duke of schomberg . v. the duke of lorrain , and the elector palatine . vi. louis the xiv . and the marquis de louvois . vii . the advoyer of berne , and the chief syndic of geneva . viii . cardinal ottoboni , and the duke de chaulnes . ix . the young prince abafti , and count teckly . a message to the present rulers of england whether committee of safety, (so called) councell of officers, or others whatsoever : delivered unto them by an ambassadour from the only right heire of the government, whose right alone it is to rule : and by special authority and commission from him, this is sent unto them, that they may hear, and fear, and learn wisdom, and may deliver up the proper right of the only king unto him, that they may be blessed, but on the conrray dependeth their destruction / by edward burrough. burrough, edward, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing b ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing b estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a message to the present rulers of england whether committee of safety, (so called) councell of officers, or others whatsoever : delivered unto them by an ambassadour from the only right heire of the government, whose right alone it is to rule : and by special authority and commission from him, this is sent unto them, that they may hear, and fear, and learn wisdom, and may deliver up the proper right of the only king unto him, that they may be blessed, but on the conrray dependeth their destruction / by edward burrough. burrough, edward, - . [ ], p. printed for giles calvert ..., london : . reproduction of original in huntington library. eng society of friends. great britain -- politics and government -- - . a r (wing b ). civilwar no a message to the present rulers of england. whether committee of safety; (so called) councell of officers, or others whatsoever. delivered u burrough, edward b the rate of defects per , words puts this text in the b category of texts with fewer than defects per , words. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - olivia bottum sampled and proofread - olivia bottum text and markup reviewed and edited - pfs batch review (qc) and xml conversion a message to the present rulers of england . a message to the present rulers of england . whether committee of safety ; ( so called ) councell of officers , or others whatsoever . delivered unto them by an ambassadour from the only right heire of the government , whose right alone it is to rule , and by special authority and commission from him , this is sent unto them , that they may hear , and fear , and learn wisdom , and may deliver up the proper right of the only king unto him , that they may be blessed ; but on the contrary dependeth their destruction . by edward burrough . london , printed for giles calvert , at the black spread-eagle , near the west-end of pauls . . these things were upon me , to deliver even by speech and word of mouth to the present men in power , that they might be warned lest they perish ; but no way being made for me so to do , i have written what was upon me , even as short as possibly i could , and in as little compasse as might be , having hinted at things which might more largely bin spoken to ; and i order this to be printed and given to their particular hands , with speed . e. b. to the present rulers of england , a message to you all , by an ambassadour from the lord god , the great and mighty king ; and iesus christ , the only prince of peace and righteousnesse , whose right alone , it is to rule , over us in our nation , and not anothers , in his name and authority , i am come unto you . friends , my master is a high and mighty , and powerful prince , and very honourable ; and fear , reverence , respect and subjection belongs to him alone , from you and all mankinde , he is wise and understanding , and of great strength : and his dominion is from everlasting to everlasting ; and he can do whatsoever he will in heaven and earth ; for he rules with his iron rod over the world , and whatsoever he saith , it is done ; for his word is an everlasting command ; if he say to a man live , it is so ; and if he say to him die , it cometh to passe ; and if he give peace to a man or a nation , none can make war ; and if he make war with a person , or in a nation , no man is able to make peace . for why , he hath all power in his hand , and to him all judgement and authority is given , he is the sonne of the living god , the everlasting creator ; he was , and is , and is to come ; his eye beholdeth all things , and his arme compasseth heaven and earth ; and what his purpose is , he hath alwayes , and will ever bring it to passe ; if he set up rulers , they must rule ; and if he pull them down , none can hinder ; whom he will he honoureth , and if it be his pleasure , he bringeth men to shame ; if he break a nation down , none can build it up ; and if he confound powers and authorities in the kingdomes of men , they all fall as withered grasse before him ; behold ye men ! he is so great and mighty , and of so great authority , that whatsoever he saith , it is done , and whatsoever he willeth , it cometh to passe ; and none is able to resist him and overcome his power ; when his pleasure is to accomplish a work ; by him all things are that be , and all things live that hath life , and through him all things moveth , and of his fulnesse every creature in heaven and earth receiveth ; and this my master is altogether honourable in birth and otherwise ; and altogether mighty in all his works ; he is just and merciful , full of goodnesse , righteousnesse and truth , and all vertue dwells in him : and his judgment and mercy , his authority and meeknesse : and his wrath and his love , they are companions ; and what are ye before him ? or how shall ye be able to resist him ? or to turn backward what his purpose is concerning you and this nation ? for ye have no being nor breath without him . behold ye men ; ye are verily as the dust before the winde , so are ye to him soon blown away , and your place not found , as the grasse before the mower , so are ye before him , soon cut down and withered , and your beauty utterly extinguished , as a potters vessel under an iron rod , even so are you to him , he can immediately break you , never to be bound up , as a drop to the fountain , so are you to him , soon dried up , and made nothing ; wherefore ye men , ye mortal creatures , ye ignorant persons , sons of a transgressor , ye dust and ashes ; for thus you are in comparison of him this mighty prince ; hearken to his message which cometh to you from him : hear and fear , and be not stout-hearted against the lord god that is about to speak unto you . as for this little island of england , wherein your present place and being is ; it is an island which the lord hath shewed great favour unto , in ages past , and in this present time : and i must tell you he hath a purpose of love towards it , and to honour it in the view of the world , though through great tribulations , and he hath an intent of great good unto it : for he hath a seed , a precious seed in it , scattered abroad , and he hath a people that feares his name , and hath walked in his wayes , and he hath made them , and elected them , and what they are , it is by him : that he may dwell among them , and have the whole government over them all , yea , he hath a speedy purpose verity concerning this nation , and he will purifie it in judgment , and refine its inhabitants through the fire of tribulations , that it may be pleasant to him , and fit to do his will : he hath a purpose to work some great thing in it i must tell you , as he hath said unto me , so to do ; he will have his name exalted and reverenced in this island , and his terrour shall be sent out of it through the world , and his branch from it shall spread over the earth , he doth purpose in his season to take it into his own hand , and to sway the government therof with his own scepter , and to set up righteousnesse alone , and to overthrow all oppressions and oppressors , and the kingdoms of this world must become the kingdoms of the lord , and of his christis . true it is , such hath bin the coming to passe of time , and of things for many ages by-past , that my master hath bin as it were banished from the nation , and hath not bin suffered to enjoy his right , but hath bin expelled , even as it were by the force of satan , and antichrist , who hath long usurped authority over the inhabitants of this nation ; and in my masters absence , lamentable injustice , cruelty , unmercifulnesse , tyranny and oppression , hath bin exercised upon the inhabitants , and the poor creatures hath bin held in great slavery by their rulers , that have ruled by the dragons power , and bin kept in great blindnesse and ignorance , and under great oppression both in body and spirit , by antichristian teachers , for this many years , even while the great king hath bin absent , and as it were gone into a far countrey : even all this time hath antichrist and the devil ruled and reigned , and hath made and executed oppressing and tyrannical lawes and decrees , both in church and state , and all the nation hath bin out of right order , and laid waste and barren of good fruit , and it hath bin as a wildernesse , by reason hereof ; and men that have ruled for many years , have not ruled singly by my masters authority , but by another power , though not without the knowledge of my lord , neither as though he had not power to have done otherwise ; but for his own pleasure he hath suffered it thus to be , and let men go on to rule and govern in their own wills , and after their own lusts ; and people have walked wickedly towards him , and towards one another , and all this he hath suffered , not as if he gave toleration for it : for his messengers now and then , and his witnesse in peoples consciences , have bin reproving their ungodly wayes , and he hath often shewed his dislike by divers wayes and tokens , and many judgments and strange overturning : to the way and proceeding of both rulers , prophets and teachere of this nation : but yet they have gone on , against his minde , and contrary to his will , notwithstanding his reproofs and judgements , not that he had not power to have executed his pleasure in wrath upon them , and to have destroyed them al together , and have made the nation a heap , and as nothing , long before this day : for power was in his hand to have done it : but he hath bin long-suffering , and of great patience , and born all things , and taken the injustice , and cruelty , and wickednesse , and idolatry , and all unrighteousnesse that hath abounded in the nation upon himself , and suffered under it , and born it for its season , while woful and lamentable oppressions hath bin practised in civil state , even hellish laws , and devilish executors of them , mercilesse tyrants have born the scepter , and reigned for many years over the inhabitants , and in church and state , hath bin hainous idolatry , and superstitious vanities committed in a high nature , and measure , and even all men , and states of men , & orders of men , of every degree , hath bin abominably corrupted , in the fight of my lord ; even from the prince to the begger , even rulers and subjects , teachers and people , judges and prophets , they have bin corrupted both in heart and hand , and they have dealt falsly , and wickedly towards him , and towards one another , even to the great displeasure and vexation of him , and his blessed spirit , and to the high provocation of him , to their own destruction , if his long suffering had not prevailed , and all this , while he hath layed , as it were asleep , and at rest in himself , and he hath left men to try them , what they will do , and he hath given them a day , many kings and rulers , he hath let them have a little time , to see how they would use it , but they have abused it , and not ruled for him , nor accomplished his work , nor fulfilled his will , but acted even in defiance of him , and of his power , and to his great dishonor , alack ! i must be plaine with you , my lord hath bin utterly exiled , and greatly dishonored , and highly provoked and vexed , by reason of such proceedings , as hath bin in this nation for this many yeares , through the corruption of all sorts of men in place , and power , who hath not ruled for him , but for the devill , to their own corrupted ears , only he hath suffered men to go on in their course for a season , some as it were appearing on the stage for a time , and suddenly cast down again , for their iniquities sake , and his hand hath bin in all these things , though very privatly and secretly , not known and discerned by the sons of men , yet hath he ruled over the kingdoms of men , and pulled down one and set up another , and to forbear the severall actings and proceedings of many by-passed ages , and to come to this generation , and to speak of things that have happened within these few years , and of the changing and overturning that hath hapned in this nation ; such was the cruelty , tyranny , and oppression , and idolatry , both in church and civil state , that the people of this nation were held under , in the dayes of papal-power , such i say , was the exceeding heighth of cruelty , and tyranny of that time , that not any that feared or reverenced my lord , in any measure could scarce live , or have a being in the nation , even against every man , that did but incline towards him , and desire the knowledge of his waies , hells mouth was opened against them , and they were swallowed up , and many of their lives taken from the earth , by the hellish power that had in that day usurped authority in this island , and when thus it was , then he looked down from heaven , and his bowells of compassion were opened , for the sake of the oppressed people that desired after him , in so much that he broke , and threw down the power of their oppressors in some measure , as it stood in papall-authority , and when the iniquity of that power was filled up , he took vengeance upon it ▪ and i must tell you , it was he that brought it about , even the destroying of that power in this nation , and freeing the nation from it , though the men that were instruments in the cause were not his servants , otherwise then as nebuchadnezzar served him , for he hath a secret way to have a service from the wicked , and such is his power , that he can turne the wickednesse of the wicked to his glory , and he can make a rod to whipp his adversaries , and burne it when he hath done , and he hath often destroyed one wickednesse by another . well , but to leave that , though he did in some measure free this nation from much tyranny and cruelty , in the casting out popish authority , yet alack the nation in a few yeares was neare as much violated by injustice , tiranny , and cruelty , under the prelatical power , as ever it was once under the papal power , though before there had bin some small reformation , and change in outward appearance , though little in ground and nature , yet oppression , and tyranny in civill state , and idolatry , and superstition in church and state , and all profaness and wickednesse among people , was grown so high , like as it had bin under the papal power before , and all that desired after the lord , and was weary of iniquity , and of the then present oppressions and idolatries , were persecuted , and slain , and destroyed , and injustice and cruelty excercised upon them , even allmost to the rooting out of righteousnesse , and to the grieving of the lords spirit ▪ well then , because of the cry of the people , and the oppression of the nation under that authority , my lord looked down again , and even for his name sake , and his seeds sake , he had compassion on this nation , to set it free , and to break off its oppressions , and by his hidden hand and secret power , he overthrew that oppressing power of kings , lords , and bishops , both in church , and civill state , and brought some tyrants and oppressors to just execution , for their wickednesse and in a great measure , he did deliver the people of this nation in many things , and there was a part of reformation wrought , and much pretended and looked for , and all this came to passe through him , and my lord did accomplish it , however the instruments by which he wrought proved deceitfull , and became oppressors , as others before them , and though there was in this nation a day of great troubles , and warrs , and contention , and great strife , and the wasting of much blood , and earthly treasure , and none of these things i must tell you , fell without the ordering of my masters hand , yet so it was , and came to pass , that after this nation was restored to peace ; though much unrighteousnesse , and injustice was removed , yet there was much also left behinde , and men that he had used as instruments in his hand in a good work , and to whom he had given wisdom , and understanding , and appeared in much mercy , and in great deliverance , yet they even turned to seeke themselves , and became corrupted in the spoyles of their enemies , and when peace , and plenty abounded , the lord was forgotten again , and then the land fell under oppressors , and began again to cry out for freedom , even when other horns of the first beast sprang up , and went one each of them after his fellow , and though one horne hath striven to break another , yet after one hath bin cast down , another hath risen , and made an image to the first , and ruled and reigned by the same spirit and authority derived from the dragons power , in cruelty and oppression , and made lawes and executed them , to the dishonour of the lord , and to the great oppression of his people , and to the filling of this island with injustice and cruelty , even from one generation to another , untill this day , and thus up and down , hath times and seasons bin altered , power and authority changed , and altered , statuts , lawes , and decrees , changeable , and alterable , for as the iniquity of one power was filled up , that was cast down , and another had its day , till the measure of the first was also finished , that he might partake of the same judgments , and in all these over-turnings , breakings down , and over-throwings , the very hand of my lord hath bin , though secretly , and not discerned , yet his power hath brought about , and suffered all these things to come to pass , and who shall charge him with injustice ? or who shall say what hast thou don ? or why hast thou don it ? for as i have said , he is a high and mighty prince , and can do whatsoever he will ; and he is the supream power and authority which rules and reignes in , and over all the kingdomes of men ; and what though he hath used wicked men , as an instrument to accomplish his work , and made the wicked his rod , and even brought it to pass , that one wickednesse should destroy another , and one oppressor break down another , and the kingdom of antichrist confound its self , yet what of all these things ? all flesh must bee silent before him , and all people , and the whole earth must be subject unto him , for the government and dominion over heaven and earth are his , and all power and dominion belongs to him alone , and all judgment is in his hand , to bring to pass whatsoever he will , and by whomsoever , as he pleaseth . but now my friends , though i would not be tedious to you , yet must i tell you the truth , and faithfully deliver the lords message unto you : and as concerning this last overturning , there was something of the hand of my lord in it ; and hee can , and will bring forth his own work and praise by it , and it shall be for the good of all his people that waites upon him , though there was much ambition and corrupted ends in the instruments , and neither part were perfectly single to the lord in their proceedings ; but their work was tasted with the false idolatrous spirit of self-seeking : yet notwithstanding the lord may bring forth his government , and his pleasant plant , through and beyond all this , even out of another root , which yet appears not among either of them , and righteousnesse may arise in the nation contrary to both of them , out of another stem , and he will set up his kingdom , and in the mean time leave one potsheard of the earth to break another . and as for you that now sits on the throne and beares rule , whether committee of safety ( so called ) chiefly , though it is not without my master , for he hath the knowledge of it , at least , yet you are not the onely men of his choice , truly called of him to the place of government , neither is your government the government of the lamb , neither must it be for ever established by him ; its foundation is not blessed , nor can its building be prosperous : for why ? alas , it is but another horn of that fourth beast , that hath been made to rule over the world , and upon the earth for many generations , and it is but hitherto a very little refined from the last , and is of the last , even as the eight was of the seventh , spoken of by that servant rev. . . and it may also make warr with the lamb and his followers for a little season , and it may have a small measure of injustice , and persecution to bring forth in the land , even till the words of god be fulfilled , and his kingdom be fully come ; the way of which is but yet a preparing by all these overturnings : and this your present government originally is leavened with the spirit of the old dragon , that hath killed the saints , and drunk their blood , and how should the lord establish it ? nay , your kingdom may prove but small and little , and full of uproars , and troubles , and little peace , and satisfaction , and establishment in it to your selves , nor the people under you ; but confusion will attend it , and feare will compasse it about : though this i must tell you , as you are men , you have your day of trial , what you will do , as many others have had before you , and something you may and ought to do , if but to make the whore ( the false church ) more naked , and to scourge her , more than some others have done ; and indeed my lord requires something more of you ( as such ) to do , then others before you could do , and you have a price put into your hands which you may improve to the lords honor , and to the nations good , and to our own happinesse ; which if you be faithfull to the lord to do what he requires of you , and if you become meek and humble men and fear his name , and deny your selves , and not seek your own honours , nor any earthly advantage to your selves ; if you do thus , then my lord will shew mercie to you , and you shall not suddenly fall before your enemies , though many may rise up against you ; but your daies shall be lengthened , and the purpose of the lord may be turned to your longer continuance , and not to your sudden destruction , and if you walk in this way , and rule , only for the lord , then shall you be honoured as men , if not as an authority , and you and the nation preserved in peace , and the force of the wicked shall be turned backward , and you shall not suddenly fall . and the late sundry overturnings in this nation may be examples to you , that you follow not the stepps of those that god hath cast out , lest you come to the same end of confusion and miserie : for as concerning that assemblie of men that last sate on the throne , something was done by them , in their day and time , and in both their assemblings in some things they served my lord , and they were a rod in his hand to smite his enemies , yet they were not faithfull to the end , till all his enemies were destroied ; but rather joined themselves to fight against the lord and his people , and were hastening on towards the waie of oppression , and persecution ; and it was time for the lord to remove them , and to laie them aside , as an emptie vessel , sometimes useful ; and to break them as a rod , sometime of service to be a scourge upon his enemies ; and when the day of their trial was over , which god gave unto them , being any longer ( for present ) unfit instruments for his hand , then he cast him into the fire ; and this his purpose came to passe upon them , so that they and the whole nation may be contented and yield themselves subject , to what he hath done concerning them ; for they being entring into the very same spirit of wickednesse , of oppression , and persecution , which the lord had once reproved through them , and cast out by them ; then was a rod raised up against them ; even as they had been against others , and they were dealt withall as they had done to others ; and this was in the justice of my lords hand , and what hath mortal man to question his proceedings ? and though some of you ( present rulers ) be looked upon as great traytors and tyrants in your dealing towards them ; and doubtless the men of that part will seek vengeance against you , even by preaching and praying , and they will curse you in the name of their god , and seek continually your destruction , as such as have taken away part of their strength , and cast down their idol : but alass ! all this is nothing , for the lord doth not account as men : for these things must needs thus come to pass for the furtherance of the kingdom and government of jesus christ , that it may arise through all ; and if you were but faithfull to what the lord requires of you in your present proceedings ; what you have done unto them should not be reckoned on account against you , neither by god nor good men : but , and if , you of the army , be alwaies treacherous and disobedient towards him , and abuse your power , and disregard your price that god hath given you , and trifle away your hour about places of honor , and such self-seeking matters , and the cause of god be neglected by you , and his people continued oppressed sufferers under you , as they have long been , even then shall you be cast aside with shamefull disgrace , and the heavie hand of the lord shall be upon you in judgment , and you shall be smitten more then any before you ; your estates shall not be spared from the spoiler , nor your soules from the pit , nor your persons from the violence of men , no nor , your necks from the axe ; for if you be unfaithfull , and continually treacherous to the cause of god , then shall you be left to the will of your enemies , and they shall charge treacherie and treason upon you , and your persons and estates shall be given for a prey to your enemies , and you shall not deliver your selves , neither will the lord deliver you from the execution of mercilesse men ; for my lord shall leave the cruel-hearted to plead with you . wherefore that you may be warned , i advise you be faithfull , let not the cause of god fall , nor the cause of his enemies prosper before you , for there is no other way , wherby you can be preserved , nor no other defence shall you ever find from the wrath of the lord , and from the fury of your devouring enemies , then your faithfullnesse in gods cause , and therfore relieve the oppressed , and take off all oppression , break down all unjust lawes , and set all people free , from unjust burdens , and let all oppression cease , both in church and civill state , and even all oppressive lawes , and unjust judges , and evil men in power , let all this be removed , and the nation clean quitted and discharged even from all men , and lawes whatsoever , that have held under oppression the persons , estates , and consciences of the good people of this land , and let the nation be corrected , and all orders and places of men , and lawes and decrees purified , for this my lord , the great king requireth ; and he will suddenly have it brought to passe in the nation , if not by you , then contrary to you , and to your utter destruction , and this is the very substance of my message to you , that my master hath given me to say unto you , and on his behalf i am come to claime of you my masters long lost right , let him have his right , from which he hath long bin banished , i demand it of you , all yee , whatsoever , that seemes to beare rule in this nation , i charge you in his name , let him have his title and prerogative , let him be lord and king wholly in his own kingdom , let him have the excercise of his peoples consciences by his own spirit , in all things , related to his worship and service , and let him have the full authority by his spirit , in all things pertaining to church , and ministry , and faith , and religion , and let his spirit have the alone authority , to perswade and diswade people from , or to such or such ministry , worship , and practises of religion , and let all forced maintenance to ministers , and tithes be speedily taken away , and let all lawes , and decrees whatsoever , made , and practised in the dayes of antichrist upon the bodyes , estates , and consciences of the people , in oppression and unjustnesse about church , and worship , and religion , be utterly repealed , and made void , and never more be in force in this nation ; but let my lord be sole ruler and governour , and have the full authority in his own kingdom , in all things whatsoever pertaining thereunto , and let no man henceforth hereafter , ever be intrusted with the liberties of the members of christs kingdom , as they are such , nor to judg over them , in any matters of faith , and worship , but give that right and priviledg wholly unto the spirit of jesus christ , for unto him only it pertaineth , to be whole judg , and to have full power in his own kingdom , and untill you give him this right , and deliver up unto him his own kingdome , and the excercise of peoples consciences in all things about religion , you shall never prosper , nor none that comes after you , that shall in any measure abridge my master of his proper right , from which he hath long bin banished as i have said , and till his right be given him , in the case aforesaid , he will dash one man against another , and none shall never be established , but horne after horne shall be broken , and one power after another brought into confusion and therfore ye men , do not strive with him in this matter , but yeeld unto him , the excercise of your own consciences by his spirit in you , and let him do so unto all others , even as yee hope to prosper , and upon the penalty of his sore displeasure upon you in this world , and in the world to come ; and let just men and righteous men , and meek men , and men that have the fear and wisdom of god in them , without exceptation of birth or otherwise , let such men have the power and judgment committed to them , to determin in things between man and man ; down with all the false hearted flatterers that have ruled for man , and not for god , and for themselves , and not for the good of the people , cast all such out from among you , for the good among you is choaked by them , down with all that judge for rewards , & away with all hireling rulers , that executes the law for money , and will not plead the cause of the poor without great fees ; and down with all that will not serve places of trust without so large stipends , away with all these things out of the land , for they are hainous oppressions unto men , and great abominations in the sight of god , and the land has long groaned under the waight of these things , and the earth is weary of them , and my lord requires their utter dissolution , as being iniquities fully ripe , and having the guilt of so much cruelty , injustice and oppression , lying upon the nation because hereof , therfore is the lords season to destroy them , and remove them out of the land , which if you be the instruments in such a work , it will be your greatest crown , and your perpetuall honour , for the lords purpose is one way or other to cleanse the land of all these and other oppressions whatsoever , that the people of this land may be a free people from all the heavy yoakes of antichrist , which hath long sorely pressed them down , and the purpose of the lord is to break the yoakes of oppression and tyranny , from off the necks of this people , and therfore is it that he overturneth , yea , and will overturne all men and authorities that shall oppose his work , and none shall be able to stand before him , for the presence of my lord is more dreadfull to a nation when he shews himself in his wrath , then any multitude of armed men , and woe is unto you if you be found opposeing of him , and if you seek to stopp his work , you shall not cumber the earth very long , nor oppresse the nation many dayes , wherfore consider , cursed will you bee if you be unfaithfull in what you have to do on the lords behalf , for your houre passeth over that is allotted you , and will be suddenly expired , never to be recalled , and then you cannot work . and whereas there is a great cry about ministry , for sending forth , and maintaining , and encouraging a godly ministry , as you say ; now to this , i do answer on my lords behalf ▪ and i must tell you plainly , as for a true godly ministry truly called and sent of god , such a ministry and such ministers you can never be able to hinder , but the lord will send them out , maintaining them , and preserve them , whether you will or no , and while you are troubling your selves about such a matter , you are but medling with things above your line , and out of your jurisdiction , while you act in such a case , for it belongs to his government to send out ministers whom and as he will , and to maintain them and defend them according to his own pleasure , and all this without you , for such ministers truly called thereunto , and sent of the lord , will not seek to you to be sent forth or maintained by you , they will not be beholding to you in such a case , but even without you and contrary to you , must they be sent out and maintained , so that the lord will have a ministry in this nation purely of his own , and not of man , nor by man , and such a ministry you shall not be able to hinder . and i must tell you plainly , as for these men called ministers in this nation , the way of their setting up , and sending forth , and the way of their maintainance , and the way of their standing and defence , and in every particular of their being such ; they are the greatest and most wofull oppression in the nation , even the most abominable and unjust cruelties and tyrannies is acted through them , as any other thing in the nation , and they are ( as such aforesaid ) the woful cause of the nations groaning under mercilesse dealing ; and there is upon their account the guilt of blood , injustice , and oppression lying upon this nation ; their iniquities , their iniquities cries for vengeance upon their own heads , for they are full , they are full , and the measure thereof is neer finished , and gods eternal vengeance is their next reward , from the eternal god ; what shall i say of them but this , the earth is oppressed by them , the inhabitants groanes under them , and the righteous god is vexed through them , and they are the very men of high indignation and fierce wrath , and all their practices ( as such ) are the fewel of his anger , to be consumed by the fire of his jealousie ; the nation is wearie and its inhabitants ; and the lord is wearie because of these men , and is this the ministery cried up by you as godly and pious , & c ? are these the men that the nation must be forced to maintain in their pride and idolatrie ? is this the ministery that must be encouraged ? well , if these be the men , and this the ministery which must be established and encouraged by you , in so doing you shall never prosper , but thereby gain the displeasure of the almighty unto you , to bring a curse upon all your doings even because hereof ; for i must tell you , the hand of my lord is against them , and whosoever shall seek to defend them , shall not prosper in their doings , because their oppressions , cruelties , deceits , and abominations are nigh finished and fulfilled ; wherefore take heed unto your selves , for this is my masters advice unto you ; let this ministery alone , and join not your selves to baal , lest you perish ; neither take part with antichrist any longer , neither be yee fighters against the lamb and his kingdom , but free the nation , and let all its inhabitants be freed from the cruel tasks and yoaks of such men and such a ministery as aforasaid ; uphold it not against the lord , for if you do , you shall never be established : and this is from the mouth of my lord unto you . and last of all , my master hath a people in this nation , even a suffering people , that have born the burthen of the cruelty and injustice and wickednesse both of rulers and teachers , who hath as it were trodden them down , and made them a very prey to their devouring mouthes ; the very crie of their sufferings hath reached unto heaven , and the very sound thereof your eares have heard ; and this people are greatly beloved , and my lord will assuredly honour them , and his hand shall be continued to preserve them , and defend them against all their enemies whatsoever ; and hee doth reserve them to himself , and for a glorious work that hee hath to do by them , and hee hath formed them for himself , and they cannot joyne with any of the hornes of the great beast , neither can a place of honour pervert them from their perfect way , but my lord he compasseth them about on every side , and hath kept them in the midst of tryalls , reproaches , and sufferings ▪ and covered them in the heath , and in the storme , and his pleasure is to make further use of them , they are his , and not their own , and they must fulfil his will , and none besides , and they lye at rest in him , while mountaines are overturned , and while one potsherd of the earth breaks another , and this must be even till the appointed time , and to say no more of them though much might be said , they are had in remembrance before the lord , to do with them even for his own glory , and for this nations perpetuall good , and to the authority of the most high through them , shall kings of the earth , and nations of the world bow and tremble , wherefore ye men touch them not , neither do yee afflict them even as you hope to prosper , remember their cause , and suffer it not alwayes to be rejected as it hath long bin , but keep your selves free from the injustice and cruelty of them that have gon before you , who have bin merciless and oppressors of that people , even till my lord hath confounded them , and brought them into confusion , for there is the weight of blood , of tyranny and oppression lying upon the nation in that peoples cause , and my lord will revenge them in his season , and though they are not weary of their sufferings , but are in the patience , which beareth all things , yet the nation can never be happy , nor its govrnment ever blessed while this people are held in bondage , and their sufferings are deeply considered of the lord , and the season therof is expireing towards an end , and when this cometh to passe , then woe unto the kingdome of antichrist , and to the whore , and false prophet , even when their strength is dryed up , by which they have made warr against the lamb , and his followers , yea , woe unto them , great fearfulnesse shall be upon all the world , when the king of that people reigns upon the earth , and the time is at hand , blessed is the man that waiteth for it , and blessed is he that is not offended in his coming , but is prepared to receive him in his appearing , which suddenly cometh upon all the world . and thus i have told you the lords present message unto you , which i received from him , and thus farr i am clear , and whether you accept it or reject it , my peace and reward is for ever with him , who am a subject of his kingdom , and a friend to this nation , however otherwise judged by ignorant men . the . mo. . the end ▪ notes, typically marginal, from the original text notes for div a e- is meant here chiefely the new committee of safety * ( so called . ) mercurius publicus: comprising the sum of forraign intelligence ...[no. ( aug- sept )] mercurius publicus (london, england : ) this text is an enriched version of the tcp digital transcription a of text in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a thomason e _ ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]; :e [ ]; :e [ ]; :e [ ]; :e [ ], etc) mercurius publicus: comprising the sum of forraign intelligence ...[no. ( aug- sept )] mercurius publicus (london, england : ) muddiman, henry, fl. - , editor. dury, giles editor. newcomb, thomas, d. or , publisher. v. began with numb. ( dec. - jan. ); ceased with numb. ( - aug. ). printed by tho. newcomb, london : title from caption. subtitle varies: , "... comprising the sum of forraign intelligence"; - , "... comprising the sum of all affairs now in agitation." by henry muddiman and giles dury. cf. nelson and seccombe. printed variously by: john macock, thomas newcomb, richard hodgkinson, d. maxwell, peter lillicrap, james cottrell. description based on: numb. . numb. ( - oct. ) is a second copy of the parliamentary intelligencer for those dates, mistakenly titled mercurius publicus. thomason collection does not have complete run. reels listed in chronological order of serial publication; holdings dispersed throughout collection. reproduction of the originals in the british library. enumeration begins again at numb. annually. no issue numbered in , no issue numbered in ; chronology is continuous. eng great britain -- politics and government -- - -- periodicals. great britain -- history -- charles ii, - -- periodicals. europe -- history -- - -- periodicals. a (thomason e _ ). civilwar no mercurius publicus: comprising the sum of forraign intelligence ... [no. ( aug- sept )]. anon. f the rate of defects per , words puts this text in the f category of texts with or more defects per , words. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - ali jakobson sampled and proofread - ali jakobson text and markup reviewed and edited - pfs batch review (qc) and xml conversion numb. mercurius publicus , comprising the sum of forraign intelligence : with the affairs now in agitation in england , scotland , and ireland . for information of the people . published by order . from thursday august . to thursday septemb. . . amsterdam , august . the post of osnabrug reports , that about six days since some of the garrison of munster , after they had been very merry the night before , made a sally out of that city , when they were yet half drunk , taking in a small fort which the bishop had caused to be raised for the blocking up of the place , and putting some men in it to maintain it ; but as they returned back to the city , the bishops horse ●ell in upon the rear of them , and killed about thirty men , among whom one of the burgomasters was found . the bishop had caused some of the citizens that were killed , to be hanged up . a letter from major robert holmes , commander of the heneretta , sent unto baron battavella in spain . my lord , being appointed by comm●nd from his royal highness the duke of york , to wait on your excellency with one of his majesties ships , the king of great britain , i think it fit to let your excellency know ▪ that i am safely arrived upon the coast , and intend to anchor at gatharia road , where i hope to hear from you , and in order thereunto have sent my ketch , to bring your excellencies commands . i did intend to put in to passage ; but finding the entring of the harbour so narrow , i dare not venture with a ship of this concernment without your special order ; and if your excellency think not this place convenient , be pleased to appoint any other , and i shall immediately set sail towards it , if wind and weather will permit . the enclosed letters were given me by count constang , and monsieur de ovietta : i shall humbly beg your excellencies pardon for not waiting on you with them my self . my lord , your excellencies most affectionate and humble servant , robert holmes . from on board the heneretta , off of cape martin chegoe , aug. . . edinbrough , aug. . . on wednesday the . of august , the earl of glencairn , lord chancellor of scotland , came into this city honourably attended by about . horse . the major general , colonell daniel , and colonell disne the english commissioners , with several field-officers , and two troops of the major generals regiment of horse , went to mussleborough to meet his lordship , and attended him thence to the house designed for his lordship in this city . at his coming in to edinborough , the earle of winton rode on his right hand , and major general morgan on his left : he was guarded from the water-gate to the nether-bow , by the major generals regiment of foot . the lord chancellor being come the committee of three estates ( according to the late proclamation ) sate on thursday , aug. . and information being given of some remonstrating ministers that were at robert symson , the collectors house ; orders were sent to captain newman in edinborough castle , to command thence . musquetiers to symson's house , who found the ministers subscribing a paper tending to the disturbance of this kingdom . the ministers were carryed prisoners to edinborough castle : their names are mr. james guthrie , minister of sterling . mr. robert trayle , ministers of edinborough . mr. john strivling , ministers of edinborough . mr. alexander moncreif , minister of scooney . mr. john semple , minister of carffern . mr. thomas r●msey , minister of foulden . mr. gilbert hall , minister of kirkliston . mr. john scot , minister at ornham . mr. george nairne , minister at brunt island . mr. john murray , minister of maffin parish . james kirk , laird of soudaywell . whereupon the lord chancellor with the committee of the three estates , the very next day set forth this following proclamation . god save the king . a proclamation by the committee of estates convened by his majesties special authority , against unlawfull meetings and seditious papers . at edinburgh , august . . the committee of estates in obedience to his majesties proclamation being met , and taking to their se●ou● consideration the goodness of god , who in his great mercy hath restored the kings majesty to the exercise of ●is royal government ; and withall , considering his ●●jesties great care of , and affection to this his majesties anc●ent kingdom of scotland , in calling and authorizing the said committee of estates to meet ; and they finding it their duty to prevent all unlawful meetings , which may tend to the prejudice of his majesties service , or may again involve his majesties good subjects into new troubles ; have thought it fit in his majesties name and authority , to prohibite , and by these presents do prohibite and discharge all unlawful and unwarrantable meetings or conventicles in any place within this his majesties kingdom of scotland , without his majesties special authority ; and likewise all seditious petitions and remonstrances , under what pretence soever which may tend to the disturbance of the peace of this kingdom , or alienating and debauching the affections of his majesties subjects from their due obedience to his majesties lawful authority , and that under all highest pains . and for this effect , appoints all sheriffs of shires , and magistrates of burghs to be careful within their respective bounds , that no such pernicious and dangerous meetings be permitted , but that they be timeously prevented , hindered , made known and discovered to the committee of estates . and ordain these presents to be forthwith printed , and published at the mercat cross of edinburgh , and the head burghs of the respective shires within this kingdom , that none pretend ignorance hereof . signed in the name , and by warrant of the committee of estates . glencarne chancellour . i. p. d. com. after which was set forth another proclamation commanding that no disorders of insolencies be committed by any person whatever within this kingdom upon any of the english nation , under all highest pain , after which they adjourn'd till tuesday following . white-hall . his majesty was graciously pleased to confer the honour of knight-hood upon herbert perrot , esquire , a worthy member of the house of commons , serving in parliament for the burrough of weobly , in the county of herreford . on thursday last that accomplished personage george earl of bristol , entertain'd his majesty at his own house with a supper , with whom was their royal highnesses the dukes of york and gloucester , attended by the marquess of ormond , and other persons of honour . on friday the lords had a conference with the commons , wherein their lordships acquainted the commons with his majesties message for an adjournment from the eighth of september to the sixth of november next . hamburgh , aug. . the danish embassadours who lately arrived here out of holland , are this day gone by land for denmark . the imperial field-marshal montecuculi , is daily expected here . two days ago arrived here from sweden , the pa●sgrave of su●zhach , and the prince of anha● ; they intend to stay here some few days , to wait on the queen of sweden , and then to return into germany . the confederate forces are now at last broke up in holsten , being appointed to quarter this night at rensburgh , and to morrow at new minister ; and those horse which were said to continue in holsten , are likewise to withdraw on the instant , and to follow after the rest . the imperial horse which were quartered in meklenburg , are already drawn together in order to their speedy march out of that country , and the foot is to follow them within a fortnight . the ratifications of peace with the emperor , sweden , poland , and brandenburg , are mutually exchanged and delivered at danzick , on the sixth and eighth courant , and elbing is to be delivered up to the king of poland on the . of this moneth . what other place will be given for it to the elector of brandenburg , is not yet certainly known ; field-marshal schack is made a senator of the kingdom of denmark , and major-general eggerick is appointed governour of copenhagen . the parliament in sweden is to assemble on the of septemb. and the ceremonies of the late kings funeral are to be performed in the moneth october following ; which when done , several embassies are to be dispatched thence for england , france , holland and other places . vienna , . aug. letters which the last post from gratz , intimate , that his imperial majesty was to proceed on his journey for carin●hia and ●rain at the beginning of the next moneth , accompanied only with few of his court , and resolved to go so far as triest on the adriatick sea coast , where the v●netians are a preparing of several nav●l divertisemen●s and curiosities , to entertain his majesty ; which it so , then his majesties return would not he so sudden as otherwise was expected . the venetians pursue their lev●e● in these parts , with much eagerness , and get a number of good souldiers of the bava●ian dis-banded forces into their service . the estates of nether-austria are to assemble here the next week : we are advertised from hungaria , that the count of serin , upon order from his imperial majesty , hath withdrawn his forces from the fort of canischa . venice , august . two of our gallies , with many armed b●●kes , are lately arrived at ancona ; the turkish pyrates upon information hereof , retreated out of the gulf with their booty : but others are since gone to the isle of elba , where they have plundred the town of piumbino , and carryed away many slaves , together with the nuns of the cloister in that place . the turks having received a supply of ● horse in canea , they have so far made their approaches to the city of candia , that they begin to annoy it with slinging of fire into it ; but ours , to relieve the place , have drawn their forces together about cerigo . here arrived lately a turkish gally , which was mastered by slaves , who all had their liberty and a piece of money given them . advertisement . the due way of composing the differences on foot , preserving the church . according to the opinion of herbert thorndike : sold by john martin , james allestry , and thomas dicas , at the bell in st. paul's church-yard . hague , september . s. n. the lords states of the province of zealand , to the number of twenty six , having been fetched up with several coaches to their audience with the lords states of holland , monsieur adri●n vet , pensioner of the states of zealand , made a very eloquent and large speech , wherein he remonst●ated to them , those motives and reasons which induc'd his principals to settle and establish the government of these provinces upon their ancient foundation , under a lieutenant or captain admiral general , for which trust they had nominated his highness the prince of orange , according to their resolution taken on the seventh of this moneth , desiring the states of holland would be pleased to concur with them therein : in order whereunto , a conference is to be held b●tween the deputies of those two states , to endeavour a joynt condescension to , and ratification of the premises . what the result of it will be , a short time must discover . there is no certainty yet of the ambassadors going hence for england , and it is thought that they can hardly have their dispatch these six weeks . an extract of the resolution taken by the lords states of the province of zealand on saturday the seventh of august , s. n. concerning his highness the prince of orange . we the lords states of zealand having most seriously and deliberatively ●n divers sessions considered of the ●enor of the fourth article touching their conventions , and the respective eminent charges heretofore successively held by their highnesses the p●●●ces of orange of immortal memory ; and neerly reflecting on what by these conjunctures of times and affairs ought principally to be observed , as tending to the greatest honour , welfare and service , as well of this s●ate in general , as of this province in particular : we doe once more declare it to be our judgement and opinion ( as we have done several times heretofore ) that to the beforementioned end and purpose , the cheif management of the publick concerne must be invested and entrusted with certain eminent men and persons of quality and extraction , in pursuance of those several remonstrances , and resolutions vigorously set forth in the beginning of the troubles and afterwards , as well by the states general , as the respective provinces . and although the misfortune of many intricate occurrences happening in these late years , after the decease of his highness prince william the second , in these , as well as in the neighboring countries was a great hindrance and could not well allow , that such a resolution as was necessary and much wished for , touching the appointment and election of such a cheif and certain person , for the government , should have its desired effect ; yet finding , that by gods gracious and unserchable providence , those unhappy distractions and troubles are ceased , and taking notice of a more favorable constitution of affairs and opportunities as to the whole christian world in general , and these provinces in particular , which to the redress and resettlement of the state ought to be neglected , and consequently reassuming our before-mentioned wholsome intention of electing one person or other qualified , who most worthily and with the most confidence could be intrusted with the chief government of this state in general , and of this province in particular ; we the said lords states of zealand can find no person of more credit , worth or respect then his highn●ss the present prince of orange , he being not onely the off-spring of those princes , who with the hazard of their estates and blood have layd the foundation of this commonwealth , and by their excellent and couragious conduct purchased so honorable and glorious a liberty , which to the admiration of all the whole world we at present enjoy ; but being likewise by blood , affinity and alliances annexed to the greatest and mightiest princes of christendom , by whom this state in its troubles and necessities hath been principally supported , and whose friendship and confederacies for the time to come will be of most concern to us ; considering also his princely qualities and vertues wherewith god almighty hath been pleased to indow his highness from his very infancie , very well agreeing with the government and humor of these nations , who seem to take a special pleasure and wel-liking of them , and to promise to themselves much happiness , blessing and prosperity ; and finally regarding , that the said prince hath a fair estate , and large possessions in most part of the provinces of this state , and particularly in that of zealand , whereby it can be maintained , that before all others , he is mainly interessed to endeavor the preservation and welfare of this state . we therefore , being solemnly summoned and assembled , as is usual , upon this present subject , have resolved and determined , out of the alledged and other weighty respects and reasons , with a general and unanimous consent to declare ; . that the prince of orange , in behalf of this province , together with the other confederates of the assembly of their high and mighty lordships the states general , shall be chosen and nominated captain and admiral general of the united netherlands , with a convenient commission and instructions to be agreed and concluded upon between the several provinces , and a yearly revenue of gilders for his maintenance , to be levied upon the states account , and to begin from the time the commission is issued out . . to which purpose , certain deputies are to be appointed by this assembly , to repair to the assembly of the lords states general , to tender to their lordships this point of electing a governor , and with the best reasons to procure their consent , and a speedy effect of it . . that a tender of the charge of governor , captain and admiral-general of both the provinces , be presently made to his highness the said prince of orange , with a convenient commission and instructions to be issued out without delay , to which the lords states of holland are to be required to give their concurrence , that so in regard of their common interests , and according to antient practice , this affair may be determined pari passu , and with joint advice ; and that a commission be drawn and sealed , as it was done in the year . . yet in case this appointment of the prince for the abovementioned places should not take effect with the lords states general , and the states of holland , contrary to the expectation , wish and good intention of this assembly , that then , upon a full report of their deputies concerning their negotiation , this assembly will take care , and order affairs so , as may most tend to the honor , welfare and service of the country . . it is the unanimous consent of the said lords states of zealand , that the beforementioned prince of orange shall not exercise those eminent charges of general and admiralship , till his highness come to be eighteen years of age ; which charges ( during his minority ) are not to be executed by any under the name of lieutenant , but remain as now they are , which two conditions are to be expresly inserted in the beforementioned commission . . that presently by an unanimous consent and appointment of all the members assembled , the dignity and place of the first noble shall be presented to the prince , he being the most conspicuous and qualified nobleman of this province ; yet upon such clauses , restrictions and precautions , as the same dignity hath been heretofore conferred upon the princes of orange of immortal memory , without diminution or prejudice of the priviledges of this province , and other the several members of this state . . upon the conferring of such charges , honors and preheminences on the said prince , all possible care and order shall be taken for his highness education and breeding , as may best befit his princely person and illustrious family . . that his highness shall be allowed at the . year of his age , to have access to the council of state , according as it was practised by his highness grand-father prince frederick henry , that so his highness may be instructed in the fundamental laws and maximes , and the antient and renowned government of these countries , and the better learn the humor and inclinations of his good people and country-men . advertisements of books newly printed and published . ☞ phil-anglus : some sober inspections made into the carriage and consults of the late long parliament : whereby occasion is taken to speak of parliaments in former tim●s , &c. with some reflexes upon government in general . with some prophetick paragraphs . by james howel esq . sold by w. palmer at the palm-tree near st. dunstans church in fleetstreet . five seasonable sermons preached before eminent auditories , and dedicated to the kings majesty , by paul knell , master in arts of clare-hall in cambridge , sometime chaplain to a regiment of curassiers in his late majesties ●rmy . sold by john place at furnivals inn-gate in holborn . advertisement . if any man can give notice of a light dun mare with a bald face , and four white feet , black mane and tail , a lock of white hairs in her tail , about seven years old , and about fifteen hand high , that was taken out of a stable in coale yard on thursday august . by a young man about . years of age , brown hair , somewhat long , of a pale complexion and round face , with a plaster on the left check . if any one apprehend him , and give notice at the red lion in cambridge , the cro●s keys in st edes , or the holy lamb on the backside of st. clements , they shall have five pound for their pains . stolen the second of september , out of a dining-room in holborn , one large looking glass set in an ebony frame , a landskip being drawn at the tom of the glass , with a shepherdess , a ●am● , a g●at , and several other figures , there being a flaw at the top of the glass , as also two turkey carpets , the one three yards long , and two yards and a half wide , or thereabouts ; the other two yards and a half long , and a yard and a half wide , or thereabouts . if any one give notice thereof to ●r . arnold a grocer , at the tobacco-roll and sugar-loaf next to grais-inn-gate in holborn , they shall have ●●●ty shillings for their pains . on saturday l●st run away from the lord rich : christophilus cornaro , a turk christened : a french youth of or years of age , with flaxen hair , little blew eyes , a mark upon his lip , and another under his right eye ; of a fair complexion , one of his ears pierced , having a pearl-coloured cloth suit , trim'd with scarlet and blew ribbons , a coat of the same colour , with silver buttons , his name iacob david . give notice to the lords lodging at the fishes in new ●reet in covent garden , a cooks shop , and good satisfaction shall be given . advertisements . the reader is desired to take notice , that his majesties printers having published the act of free and general pardon , indempuity and oblivion , in a more contracted form then ordinary , that it might be of small price ; yet notwithstanding some persons have not only presumed to re-print the same , to their very great detriment , but have also committed several gross faults , as in page . they have left out ( any of ) page . l. . ( or acquittances ) pag. . li. . ( the day ) li. . ( majesties ) left out . pag. . ( of ) left out , and ( or persons ) too much ; besides these errata there are very many other mistakes , which ought not to pass in a thing of so great consequence . this stollen false impression may be known , by being printed in three sheets , not of the known letter for acts , whereas the right is five sheets ; all persons therefore , who desire a true copy of the act of indempnity , are advis'd to beware of that false imperfect three sheets , which will but deceive the buyer . richard verney esq of alaxst●n in leicestershire , about a for might since los● a lanner from that place , she hath neither bells nor varvels ; she is a wh●●● hawk , and her long feathers and sarscels are both in the blood . 〈…〉 give tidings thereof to mr lambert at the golden key in fleetstreet , they shall have forty shillings for their pains . the but end and the lock of a gunn , commonly called a ●taff gunn , being dutch-worke , and fitted to its barrel , with a screw , within few such ●s of the touch-hole , was lost between london and barnet on tue●day august : if any one do bring it to sir eliab harveys house in breadstreet , he sha●l have twenty shillings for his pains . lost on sunday night last , out of the king meadows near kingston upon thames , in the county of surrey one brown bay mare three years old and upward , having a white star in the forehead , a white snip up●n the nose , and a little white on one of her hind-feet , about hands high , in good fl●sh . also a bright bay mare , between and handfuls high , about ye●rs old , a white streak down the face , a white foot behind , and the near ●●●e of the other hind-foot , but meanly in flesh . if any give not●ce to henry mudhets at the three pigeons in kingston a●oresaid ; or to mr. bedson a tailor in new street in covent-garden , they shall have forty shillings for their pains . on monday the third instant , the accusation against . col. robert worden was taken into consideration by his maj●sty sitting in full council , where was read a large attestation under the hands of sir george boo●h and the greatest part of the baronets , knights , esquires and gentlemen of the county palatine of chester , declaring that they ever found the said col. worden in all his majesties concernments , not only faithful , but so industrious and prudent , as that no person would be more acceptable for their future trust . upon consideration whereof , and that several lords of the council affirmed , that in the time of the late tyrannical government , the said colonel was highly instrumental to advance his majesties interest , and that by their communication with him , their lives and fortunes had been in his power ; expressing their esteem of him as of a worthy and loyal person , his majesty declar'd that he did fully acquit him from the accusation and and imputation he had suffered under , and that he esteem'd him a very honest and loyal person , and would accord●ngly admit him into his former favor . in earnest whereof his majesty hath given him the honor of his hand , and his highness the duke of york hath gladly received him into his service , as formerly , to the joy of many worthy and valiant persons , who had long known the colonels courage and loyalty , and were sorry a mistake in others should be get any suspition upon a person so highly deserving . westminster . and now we can tell news which all the good subjects of three kingdoms will rejoice at ; how that great instrument of sedition and firebrand , hugh peters , is close prisoner in the tower of london . the particulars take impartially thus . on friday last intelligence was given that peters privily lurked about southwark ; whereupon sir edward nicholas his majesties principal secretary of state , sent two messengers of his majesties chamber in ordinary to apprehend him : that night they entred the house where he lay , which was one broad's a quaker in s. thomas parish , whose daughter mrs. peach then l●y in . the messengers search'd , but miss'd hugh peters , who ( according to his custom ) had crept into bed to the young woman , where the messengers modesty forbad their search ; she having been delivered but two days before . there lay hugh ; and the messengers finding a private passage out of that into the house of another quaker call'd john day the cobler , ( thus quaking runs from house to house ; ) they search'd there also : in the interim peters escap'd from childbed , leaving behind him his cane with a r●pier in it , a small pocket-bible , and a gray cloak , ( for possibly now he was in his frock . ) but on sunday last about six at night , in a place call'd the maze , in the same parish near hors-way down , at nathanael mun a tape-weavers house , hugh peters again lay in . the messenger mr. wickham coming to the door , found it not lock'd nor latch'd , but kept fast by the tape-weavers wife , ( how faithful that sex are to peters ! ) who thrust her back to the door , till the messengers strength prov'd mrs. mun was the weaker vessel , and suddenly running up stairs , found that door also kept fast like the other : ' tw●s hugh himself , whose shoulder at the door put the messenger hard to it , for peters now thought he thrust for his life . but the messenger encourag'd , in hopes 't was peters , whose strength fail'd , as his fe●r increased , at last the door flew open , where hugh peters was found ( a true quaker ) trembling after an incredible manner : yet now ( in his wonted way of confidence ) he stifly denied himself to be peters , but said his name was thompson ( perhaps hugh the son of thomas ) threatning the messengers with an action at law for offering to ●ffirm he was hugh peters ; and therefore refused to go down with the messenger , till mr. arnold ( servant to mr. blagge of his majesties bedchamber ) mr. hopkins a good neighbour , and mr. harris the honest constable came up the stairs , who all expressed much diligence and heartiness in assisting the messenger . and yet after all , he refused to come down ( still wondring they would think him peters , ) so as they began to force him down , and then he promised to go along , but first , said he , give me leave to gather up my spirits ; whereupon he call'd for drink , and drank two quarts ( two full qu●rts ) of small beer , for the house had no strong . then hugh desired he might speak privately with mris. mun , which they denied , unless hee would speak in their hearing ; after which hee said , i will go , but i beg for the lords sake that you call mee not mr. peters , for , s●id hee , if it be known that i am hugh peters , the people in the street will stone mee . at last out hee came , but suddenly stept in again , saying , i must speak privately with the woman of the house , ( a woman was his chief confident ) and now they had some tugging to fetch him back , in which struggle , feeling his skirts hard , they unrip● them , and found five peeces of gold and some silver medals , and out of his pocket they took his alm●nack , for which hee struggled more than for his bible . thence they forced him to the constables house , where they sent for his landlord broad ( an old accuser of honest men ) who being absent , his son-in-law peach , ( whose happiness it was that his wife had been but 〈◊〉 daies delivered ) came in his stead , who being asked if hee knew that cloak , cane , and gloves , answered , that they belongd to that gentleman ; pointing to peters . but hugh still with his wonted mode●●y denied it , name and ●ll ; though soon ( forgetting himself ) hee unawares put on the gloves , and said , they were his own ; and then without more trifling they brought him to the tower , and delivered him into the custody of the worthy lieutenant sir iohn robinson ( in the blood of whose uncle , that ever-renowned william late archbishop of canterbury , hugh peters was elbow deep , and go● the archbishops library of most choise books , as well as his majesties library at st. james's ) which he hath now turn'd to a pocket bible and an almanack . all this while , and at the tower also , hugh averred his name was thomson , and denied himself to be peters though there his cosin mr. birch the wardour knew him and called the man by his name ; til at last in privat to sir iohn robinson he confessed who hee was , and then ( with most ingenious modesty ) acchsed the messenger and the rest for taking and bringing him to the tower by the name of thomson . so that he who before threatned an action against those who offered to call him hugh peters , doth now accuse them for calling him thomson . this is st. hugh , who when our glorious soveraign was led to martyrdom , fel so he●vy upon his righteous soul , blaspheming him upon his then text ( psal. . to bind their kings in chains , &c. ) and may now make himself the title of his own book ( call'd good work for a good magistrate ) where among m●ny other , he hath these six motions . . that pauls church may be pull'd down to pave thamestreet . . to d●stroy colledges , since there are none in the gospel , pag. . ( for hugh was expelled one . ) . that physicians should take small fees , pag. . ( what was hugh's disease ? ) — . that adultery should be punished with a merciful heart pag. . ( and not like butchers . ) . that all unmarried maids be put to spin , ( to prevent the best use of hemp . ) . that all records in the tower might be burn'd — but the records still are safe in the tower , and so is hugh peters , where now we leave him . last monday morning about eleven of the clock , that notorious john harris ( commonly called major harris ) was executed in leadenhall-street , over ●gainst the merchants house where he committed the burglary by a forged warrant in the lord high chancellors name . this is that harris who h●d been conductor to oliver cromwels forces , and a frequent false witness against his majesties good subjects . on sunday last his majesty went to greenwich to refresh himself for some few hours in that yaugh which was presented to him from amsterdam ; which yaugh or pleasure-boat will scarce be equalled by any in these parts of christendom . on tuesday ( september . ) the lord roberts nobly entertained his majesty with a supper at his house at chelsey . london , printed by john macock , and tho : newcomb . trusty and well belo[ved] england and wales. sovereign ( - : charles i) this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing c ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing c estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) trusty and well belo[ved] england and wales. sovereign ( - : charles i) charles i, king of england, - . broadside. by robe[rt bark]er ... : and th[e assign]es of john bill, imprinted at york : . at head of title: by the king. title from first line of text. bracketed information in title and imprint suggested by wing. imperfect: creased and torn with loss of print, best copy available for photographing. reproduction of original in the harvard university library. eng great britain -- history -- civil war, - . great britain -- politics and government -- - . a r (wing c ). civilwar no trusty and well belo[ved] england and wales. sovereign f the rate of defects per , words puts this text in the f category of texts with or more defects per , words. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion ❧ by the king . trusty and well belo●●●… we greet you well : vvhereas vve understand , that sir j … … am takes vpon him ( without any legall authority or powe … 〈…〉 issue vvarrants to constables , and other our officers , t … … vers of our trained bands of this our county , and requ … 〈◊〉 to march with their arms , and to come into our town of 〈◊〉 where he hath disarmed divers of them , keeps their arms , a … … arges the men : and whereas vve are credibly informed , that 〈◊〉 persons , who were lately colonels , lieutenant-colonels , captains and officers 〈◊〉 ●rayned bands of this our county , intend shortly to summon , and indeavour to mus●●● 〈◊〉 ●●rces of this our county : for as much as by the law of the land , none of 〈…〉 bands are to be raised or mustered , upon any pretence or authority whatsoever 〈…〉 … all vvarrant under our own hand , or by a legall vvrit directed to the sherif 〈…〉 ●ounty , or by vvarrant from the lord lieutenant , or deputy lieutenants of 〈…〉 , appointed and authorized by commission under our great seal . and wh … 〈…〉 … sent there is no lord lieutenant or deputy lieutenant legally authorized to co … the forces and trained bands of this our county of york , and the commissions , … and , and power of all colonels , lieutenant-colonels , captains and officers of our ●●ained bands , ( which were derived from the commission and power of the lord lieutenant onely ) are now actually void , and of no force and authority . our vvill and comand therefore is , that you forthwith issue vvarrants under our hand , to all the late c●lonels , lieutenant-colonels , captains and officers who ( whiles the lord lieutenants commission was in force ) had the command the trained bands of this our county : a●d also to all high and petty constables , and other our officers , in this our county , wh● it may concern charging and commanding them , and every of them , in our name , ●nd upon their allgiance , and as they tender the peace of this our kingdom , not to must●● , leavie , or raise , or to summon or vvarn ( upon any pretence or directions whatsoever any of our trained bands to rise , muster , or march without expresse vvarrant under our hand , or vvarrant from you our sheriff grounded upon a particular vvrit to that pu●pose ; which vve also command you , not to put in execution without our privity and ●●●owance , whiles vve shall reside in this our county . and in case any of our traine● … ds shall rise , or gather together , contrary to this our command , then vve will a 〈…〉 and you to charge and require them , to dissolve and retire to their dwellings . a … 〈…〉 due summons from you , they shall not lay down their arms , and depart to t … 〈…〉 . vve will and command you , upon your allegiance , and as you tender th … 〈…〉 d quiet of this our kingdom , to raise the power of the county , and suppresse 〈…〉 e , as the law hath directed and given you power to do . and to the end that th … esse command may be notified to all our good subjects in this our county , so 〈…〉 may pretend hereafter to have been misled through ignorance ; vve require you 〈…〉 … hese our letters to be forthwith read , and published openly in all churches an● 〈…〉 s in this our countie . herein you may not fail , as you tender the safety and h … 〈◊〉 our person , the good and peace of this our kingdom and will answer the contra●● 〈…〉 perill . for which this shall be your sufficient vvarrant . given at our co●●● 〈◊〉 ●●●k the fifth day of may , in the eighteenth yeer of our r●●●●●●●●… to our trusty and welbeloved high sheriffe of our county of york . ❧ imprinted at york by robe●●●●●●er , printer to the kings most excellent majestie : and by the span●●●●●●es of john bill . . by the king, a proclamation prohibiting dirt-boats and bum-boats upon the river of thames england and wales. sovereign ( - : charles ii) approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing c estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) by the king, a proclamation prohibiting dirt-boats and bum-boats upon the river of thames england and wales. sovereign ( - : charles ii) charles ii, king of england, - . broadside. printed by the assigns of john bill and christopher barker ..., in the savoy [i.e. london] : . "given at our court at whitehall, the sixth day of april, in the twenty third year of his majesties reign." reproduction of original in the guildhall, london. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng great britain -- history -- charles ii, - . great britain -- politics and government -- - . thames river (england) -- regulation. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion c r diev et mon droit honi soit qvi mal y pense royal blazon or coat of arms by the king. a proclamation for prohibiting dirt-boats and bum-boats upon the river of thames . charles r. whereas several dirt-boats and bum-boats do usually pass to and fro upon the river of thames , the owners whereof will not submit to the government of the company of watermen , nor any other regulation whatsoever ; but under pretence of fetching dirt , and furnishing necessary provisions on board such ships as are in the river , do commit divers thefts and robberies , and practice several other insufferable misdemeanours , and sometimes endanger the fireing his majesties own ships , as also the ships of divers merchants riding in the river , by coming in the night time to assist such as are left on board the ships , in the imbezlement of the goods , stores , or tackling intrusted to their charges : his majesty therefore , by advice of his privy council , hath thought fit to publish this his royal proclamation , and doth hereby straitly charge and command all and every person and persons whom it doth or may concern , that they presume not henceforth to use any such dirt-boats , or bum-boats upon any pretence or occasion whatsoever , as they will answer the contrary at their utmost perils . and if any such boats shall hereafter be found upon the river of thames contrary to the tenour of this his majesties proclamation , his majesty doth hereby straitly charge and command the master , wardens , assistants , and brethren of the trinity house , the officers of his majesties pards , and the masters and rulers of the company of watermen for the time being , and others whom it may concern . that they cause such dirt-boats and bum-boats to be seized , and the persons so using the same , to be arrested and brought before his majesty and his privy council ; and that they do from time to time take strict care that this his majesties proclamation may be duely put in execution . given at the court at whitehall , the sixth day of april , in the twenty third year of his majesties reign . god save the king . in the savoy , printed by the assigns of john bill , and christopher barker , printers to the kings most excellent majesty , . ligeancia lugens, or, loyaltie lamenting the many great mischiefs and inconveniences which will fatally and inevitably follow the taking away of the royal pourveyances and tenures in capite and by knight-service, which being ancient and long before the conquest were not then, or are now, any slavery, publick or general grievence with some expedients humbly offered for the prevention thereof / by fabian philipps. philipps, fabian, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing p estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) ligeancia lugens, or, loyaltie lamenting the many great mischiefs and inconveniences which will fatally and inevitably follow the taking away of the royal pourveyances and tenures in capite and by knight-service, which being ancient and long before the conquest were not then, or are now, any slavery, publick or general grievence with some expedients humbly offered for the prevention thereof / by fabian philipps. philipps, fabian, - . [ ], p. printed by j.m. for andrew crook and are to be sold at his shop ..., london : . reproduction of original in huntington library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng land tenure -- law and legislation -- england -- early works to . feudalism -- england -- early works to . great britain -- politics and government -- - . - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - john latta sampled and proofread - john latta text and markup reviewed and edited - pfs batch review (qc) and xml conversion ligeancia lugens , or loyaltie lamenting the many great mischiefs and inconveniencies which will fatally and inevitably follow the taking away of the royal pourveyances , and tenures in capite and by knight-service , which being ancient and long before the conquest , were not then , or are now any slavery , publick or general grievance . with some expedients humbly offered for the prevention thereof . by fabian philipps . london , printed by j. m. for andrew crook , and are to be sold at his shop at the green-dragon in st paul's church-yard . . ligeancia lugens , or loyaltie lamenting : the many great mischiefs and inconveniences which will fatally and inevitably follow the taking away of tenures in capite and by knight-service , which being antient and long before the conquest , were not then or are now any slavery publique or general grievance . the king will upon occasion of warr want the obligations and service of his nobility and gentry which hold in capite . their homage , which is the seminary and root of the oath of allegiance . the education of the heirs of persons disaffected which hold in capite , when they shall be in ward or minority . his tenants will be the more enabled to alienate their lands to his enemies , or such as are disaffected , which common persons in their leases one to another do usually prevent and prohibit . provision for maintenance , education and portions for younger children , care of payment of debts , preservation of the wards estate , woods , and evidences , will be neglected . finding of offices after the death of the ancestors , extents of mannors and lands , a light to titles and discents of lands , and recovery and making out of deeds and evidences laid aside . genealogies and pedigrees darkened , and descents not at all to be proved . contention concerning the rights of guardianship encreased and multiplyed . the mothers of fatherless children in their minority made the guardians , & permitted to sacrifice the children of the first husband to the spoil and interest of a father in law and his second children . or make them to be a prey to the kindred of the mothers side , who will neither be so kinde or carefull as those of the fathers . or to trustees , executors , or administrators , who are too many of them dayly experimented to be false to their trusts , and may be as bad in their guardianships . there will not be so good a means as formerly for the preservation of the wards estate from false or forged wills , fraudulent conveyances , and other incumbrances . nor for preventing of the heires of tenants in capite to be disinherited by heirs by second ven●ers , forged conveyances or wills , frewardness of an aged father or cunning of a stepmother . in socage and that ignoble or plow-tenure there will not be that ready defence for the kingdom as in capite and by knight-service . all the antient baronies which are annexed to antient earldomes and baronies , and the newly created baronies being by law and the signification of the words , a complexum of honorary possessions belonging to earls and barons , aswell as of the honour and title residing in their persons , cannot now be properly called baronies , and he that was a baron before will in a strict interpretation of the feudal laws , from whence they had their beginning , be no more nor no better then a soke-man . alter and disparage the fundamental and ancient constitution of peerage , by making them to hold in socage , which no baronies in the christian world ever did , or can be found to do . the antient earls and barons who hold as tenants in capite and per baroniam , as the earl of arundell , who holdeth by the service of eighty four knights fees , and the earl of oxford by thirty , & many others may be greatly prejudiced . the nobility and gentry of england will by the taking away of their mesne tenures by knight-service be disabled to serve their prince as formerly , or bring any men into the field . the subjection and rights of the bishop of the isle of man , who holdeth immediately of the earl of derby , will be taken away . the profits of the kings annum ▪ diem & vastum will be lost or greatly disturbed , and his and the nobilities and gentries escheates , which as to a third part of that which is holden in capite or knight service could not before have been conveyed away , will be in no better condition . our original magna charta ( which is holden in capite ) and all the confirmations of the english liberties , franchises of the city of london , and many other cities and boroughs which before h. . did use to send burgesses to parliament will be enervated . destroy or weaken the antient charters of the city of london , for what ( except their court of wards or orphans ) concerns their customs and husting courts . put into fresh disputes the question of precedency betwixt england and spain , which belongeth to england , in regard it holdeth of none but god , and hath scotland , ireland , and the isle of man holding in capite of it . not well agree with the honour of england and the monarchy and superiority thereof to have the isles of garnesey and jersey , which are a part of normandie , to hold of the king by feif roturier , or the principality of wales and the isles of wight and man to hold in socage . damnifie all the nobility and gentry in their mesne tenures , in which they have a propriety which our magna charta , and a greater then that , twice written by the finger of god himself , do without a crime forfeiting it , or a just consideration or recompence for it , ( which a relaxation of their own tenures and services will not amount unto ) forbid to be taken away . prejudice the families of cornwall , hilton and venables , who are called barons , as holding per baroniam , though not sitting in parliament . bring a dis-repute upon the esquires and gentry of england , whose original was from tenures by knight-service . take away a great part of the root and foundation of the equestris ordo which was derived out of tenures in capite . blast and enervate the degree of baronets . take away the cause of the eminent degree of banneretts . make our heretofore famous nation in feats of arms and chivalrie to be but as an agreste genus hominum , or a race of rusticks like the arcadians . take away or weaken all the mannors and court barons in england , which were derived or had their original from tenures in capite . turn tenures in capite , which from the duty of homage and acknowledgment of soveraignty were so called , into a tenure , which by only acknowledging a fealty for particular lands which they hold is but à latere , and no more then what one man holding by a lease for years is by law bound to do to another . release the aid of the maritime counties and ports in case of warr and invasion . extinguish the duties which every hundred upon the sea coasts do owe in that which which was called the petty watches . discharge the mises or payments which in wales and cheshire are due to the kings of england at their coronations . indamage the king in his other r●galities , as in the cinque ports , finding fifty ships upon occasion of warr , and many reservations of honor and profit upon tenures in capite , knight service , and socage in capite , which if revived and well looked after would almost raise an army and furnish a great part of the provisions thereof . the king upon occasion of warr shall never be able to erect his standard , but will be left to hire and provide an army out of the rascal●ity , faithless , unobliged , rude , deboisht , necessitous , and common sort of people . if a warr should break forth before a rent-day or excise money can be gathered , will never want misfortunes and distresses , and the king thereby failing of an assistance at land may loose also the help of his navy at sea. may have his money and his rents seised , as his late majesties magazines and rents were in the beginning of the late warrs . can have no manner of assurance in a sedition or commotion of the people that men will for a small pay adventure their lives and limbs for many times no better a reward then the lamentable comforts of an hospital , and the small charities and allowance usually bestowed upon maimed souldie●s . destroy the hopes of the bishops ever sitting again in the house of peers as a third estate , or if restored to those their just rights , so weaken the ground and foundation of that most antient constitution , as they may again be in danger to be divested of them , which the inconveniences of prescriptions interrupted , and customs altered , may perswade us to take heed of . disable the king and his successors from recovering forreign rights , succouring allyes , and making an offensive or diversive warr. shake or dislocate , if not take away that great fundamental law and ancient constitution of the baronage and peerage of england , and their rights of sitting in the house of peers in parliament , who sit there as tenants in capite and per baroniam , and are summoned thither in fide & homagio , in the faith and homage by which they are obliged , which proviso's not always arriving to their ends or intentions , or a saving of the rights of peerage , of sitting in the house of peers in parliament , will not be able to insure or give them a certainty to be left in as good a condition as they were before . disfranchise the counties palatine of lancaster , chester , durham , and the isle of ely , which relate unto palaces of kings , ( not plows , ) and are no where in the christian world to be found holden by any other tenure then in capite . make our nobility and gentry to hold their lands by no better tenures then the roturiers or paysants of france do theirs ; and in socage , which , as sir henry spelman saith , ignobilibus & rusticis competit nullo feudali privilegio ornatum & feudi nomen sub recenti seculo perperam & abusu rerum auspicatum ; belongs only to rusticks and ignoble men , and being not intituled to any feudal priviledge hath of late times improperly and by abuse gained the name of fee. loosen the foundation of such ancient earldoms and baronies as have been said to consist of a certain number of knights fees holden of them . hazard the avitas consuetudines , ancient rights and customs belonging to tenants in capite and by knight-service . take away , or lessen , as to the future , the fame and honour of the nobility and gentry of the english nation , which in feats of chivalrie ( not socagerie ) extended as far as the roman eagles ever flew , and had no other bounds then the utmost parts of the earth . render them in tenure , and that which at first made them by their virtue and imployment , superiors in degree , aswell as in their lands and revenues to the common sort of people , to be in that particular but as their equals . will not be consistent with the honour of england , to have tenures in capite and by knight-service retained in ireland , and scotland , and not in england ; and to lessen the honour and strength of the english nobility and gentry in england , by reducing their mesne tenures into free and common socage , whilst the better and more noble tenures in capite and by knight-service shall be enjoyed in those inferior and dependent kingdoms . or if taken away in ireland , and reduced into free and common socage , will in all probability meet with as many inconveniences as the like may do in england , and lose the kings of england that service which by reason of the tenures in capite was always in a readiness , and made use of by their progenitors upon all occasions of war and necessity , as well in england as ireland . and if the like shall be done in scotland , where the people , too much accustomed to infidelity and a rhodomontading , where they are not resisted , are best if not only to be governed by their dependencies upon their superiors and benefactors , and holding their lands by military and knight-service , ( as that kingdome it self doth in capite of england , as it was stoutly asserted by our king edward the first and his baronage of england ; ) there will happen such a dissolution or distemper of that body politique as will exceed all or any imagination before hand , and the inferior sort of people will by such an alteration of their tenures be like hunger bitten bears , let loose to as bad if not a worse kind of levelling then our phanaticks would not long ago have cut out for the three kingdoms of england , scotland , and ireland , now happily conjoyned under their rightful king and soveraign . will greatly derogate from the honour of the english nation , and make them who excelled in their laws and constitutions all or most of the nations and kingdoms of the christian world , and had more of right reason in them ; to be as a reproach to other nations , and seperated from the use of those ancient and regal rights , customs , powers and regalities which all monarchies in christendom do use , and will be as inconsistent with the honour of england as it would be to have their kings , in a complaisance of a troublesome and unquiet part of the people , not to be crowned nor annointed , not to use a scepter , or have a sword born before them , not to make knights , or not to do it in the ancient and usual manner , which the kings of other nations and kingdoms have ever done and enjoyed ; or to have the earls of england ( as if they were only comites parochiales , governors of villages , mentioned by goldastus , or dijck graven ; or men of small honour in holland , appointed to look to their sea-banks ) not to wear their circulos aureos , coronets of gold. will not accord well with the rules of justice to take away knights fees or tenures by knight-service from the mesne lords without a fitting recompence . but break the publique faith and contracts of those that hold of the king or them . the recompence of l. per annum , will not be adequate to the loss of the tenures in capite and by knight-service , which nothing but the kingdome of england it self can balance ; and which the king of france , or the king of spain , in their several dominions , would not for an yearly revenue of many hundred thousand pounds part with , but would think it no bad bargain to be re purchased after the same or a greater rate . it will be as unsafe as unusual , to turn into a rent that which was intended for the defence of the kingdome . and to charge all mens lands with recompence to be made for it , will be against justice , equity , and reason , and make nineteen parts in twenty of the people , to bear the burden of the twentieth . or if by excise upon ale & beer , will do the like , & lay the burden of the rich upon the poor , & extend it to children , servants , day-labourers , coblers , apple-women , and all manner of the lowest ranks of people , which are as unlikely to be tenants in capite as all the colledges in the universities , and hospitals of england are , whose expences will be also enlarged by it . will be a seminary and complication of grievances . may be afterward legally taken away by petitions to parliaments , or illegally ( which god forbid , ) by an insurrection or mutiny of the common people as in naples , france , &c. will not be an honourable revenue , nor ever be well setled without the help of garrisons , troops of horse , and companies of foot. the people will be double charged by the brewers and ale-men , and inforced to pay l. per annum , for l. per annum . and whether excise , or not excise , the king , when the tenures shall be taken away , and ship-money shall be denied him , because as mr. st john argued in the case of ship money , he had the tenures in capite allowed for the defence of the kingdome . or the miseries of an actuall war shall overwhelm or oppress him , shall be told as his royal father was by that part of the parliament which sate at vvestminster in . that he ought not to put in execution his commissions of array , because his tenures in capite were for the defence of the kingdome . and that by several statutes and acts of parliament in the raign of king e. . it shall be said that he is restrained not to imprest hoblers , which were as our dragoons , or archers , or foot-men , who are thereby not to go out of their counties but in case of necessity and coming in of forreign enemies . or shall have need to succour his allies , make a diversive war , or embroyl an enemy , shall be answered , that they are quit of all services but the holding their lands of him , by doing of fealty , which they will be apt to interpret according to their interest , the humor of their faction or party , or as their designs or better hopes in a change shall direct them . must be enforced for the safety of his people , if the tenures shall be taken away , to raise and maintain a standing army . and a standing army , and standing assesments to maintain it , will be certainly more prejudicial and chargeable to all the people in general , then that which without any ground or reason , the tenures in capite have lately been supposed to be to any in particular . it will derogate from the honour of the king , who is pater patriae , not to be trusted with the protection of orphans , so much as the dutch , who have a court of orphans . or as the city of london , who by ancient custom have an absolute court of wards , called a court of orphans , which may by overthrowing the kings court of wards come under the like fortune . be a means to defraud creditors and purchasers , who cannot for want of offices or inquisitions found after the death of tenants in capite and by knight-service , so well as formerly know how the debtors lands are setled , or what is in fee simple to charge the heir . be against the peoples oaths of supremacy to desire the diminishing or taking away the kings rights or jurisdiction . take away his power and means of protecting and defending them , and to perform his coronation oath , and when the assistance and help of tenures in capite have like sea walls and banks , proved not strong enough to withstand and keep out the floods of sedition , it cannot now surely be for the good and safety of the people either to weaken as much as may be , the strength which was before in them , or to have none at all . draw a curse upon the posterities of those that hold under those tenures and shall endeavor , contrary to the faith and promise of their ancestors , to subvert them . make the common people insolent , and teach them hereafter to find fault with every thing that fits not their interest or humor , and by such a largeness of liberty , having before surfeited upon lesser , to be like the waves of the sea and its deep , tossed and beating one against another by the winds of those inticements or factions which for their own wicked ends shall blow upon them . and by such an easiness of granting away so great a part of the just and legal power of the king , nobility , and better part of the people , over the most rude and not easie , without it , to be either governed or perswaded , invite them to take up their not long ago designs and projects of taking away copy-holds , which they lately , as foolishly as falsly , called norman slaveries , and of enforcing their lords to take two years purchase for them ; and that landlords might be st●nted and ordered to take what the factiously well-affected tenants should call reasonable in the leasing and renting of their lands . carry along with it and abolish the royal pourveyances , which being in use amongst the people of israel , were never in that glorious and ever commended raign of king solomon , nor in that long after pious order and government of the good nehemiah , found to be a grievance , nor taken to be so amongst the greeks , poles , romans , ancient brittains , franks , and germans , those great assertors of liberties , or the most of the nations of europe , ( not cast unhappily into common-wealths , where they only dream of freedom , but cannot find it ; ) but were used in the west-indies long before the spanish curtesies and care of their conversion , had ingrossed their gold , destroyed the most of their natives , and made the relidue their slaves ; and in china , and most parts of the habitable world. and being a jus gentium , and a part of right reason so universally allowed and practised , were as oblations or recompences for tolls or pre-emption , or for some other confiderations , chearfully paid to our kings of england , & so butted and bounded with good laws , and so easie , as the tenants did neither care to provide against it in their leases , or reckon to their landlords those little and seldome payments and charges which were occasioned by them . and by throwing the purveyance into the same bill or intended act of parliament , for taking away the tenures in capite and by knight-service , hath since caused the king to pay three times or more then formerly he did , as d per pound for butter , where it was before but three pence ; twelve shillings a hundred for eggs , where it was before but three shillings ; and eighteen pence a mile for a cart to carry his goods or provision , when it was before but two pence a mile in summer , and six pence in winter ; twelve pounds for a beef or an oxe , which before was willingly and without any oppression of the counties , served in at fifty shillings . render the one hundred and fifty thousand pounds per annum of excise ▪ money for the intended recompence for the profit and honour of his tenures , court of wards , and pourveyance , to be no more ( if it could clearly come up to that summ ) then thirty seven thousand and five hundred pounds , but if with allowances and charges in the collecting , and arrears and bad payments , or otherwise , it should amount ( as it is likely ) to no more then one hundred thousand pounds per annum , the clear of that to the king , three parts in four of his prizes enhaunced being deducted , is like to be but twenty and five thousand pounds per annum . which when the excise ( wherein the king himself shall now pay a taxe or excise for his beer and ale ) and other assessments shall every day more and more make dear the markets , and that the people shall , to make themselves more then savers , stretch the price of their commodities , and make an addition to the former years rates and demands , for all sorts of victuals and provision of livelihood , or that the king or his pourveyors shall over and above that be , for want of ready money , enforced to pay a treble or more interest for buying upon time or days of payment ; will also within the compass of seven years vanish into a cypher . and if the excise , for the burden and grievance thereof , should also be taken away , the king having no provision made in the act for taking away his tenures in capite and by knight-service and of his pourveyance , ( ●or the intended recompence of that part of the excise therein mentioned ) to resort back again in such a case to the former profit of his tenures and ease of pourveyance . will then not only have given away those two great flowers of his crown for nothing , but be as much a looser in what he shall over and above pay for his houshold provision , cart taking , and other necessaries , as hee shall pay a greater rate then his former pourveyances came unto , which in l. per ann . which may well be conjectured to be the least which will be expended in that kinde ) will , considering three parts in four of the prizes enhanced , amount to no less a detriment then one hundred seventy five thousand pounds per annum , besides what must be added to that loss for what shall be paid more then formerly for timber and materials for the navy , and repair of the kings houses , castles and forts , and by the peoples every year more and more raising their priaees upon him . and then the bargain or exchange betwixt the king and the people for the tenures in capite and by knight-service , and his pourveyances , besides the giving away so great a part of his prerogative and soveraignty will arrive to no more then this . the king shall remit the yearly revenue of eighty eight thousand & seventy pounds per annum , ( defalcations for exhibitions and allowances for fees , dyet , and other necessaries and charges first deducted ) which was made by the court of wards in the year , besides thirteen thousand two hundred eighty eight pounds profit for those kinde of tenures which in that year was collected and brought into the exchequer , which will make a total of one hundred one thousand three hundred fifty eight pounds per annum . or if but eighty one thousand two hundred eighty eight pounds , all charges cleared and deducted , as it came unto in anno . which was º car. primi , both which was easily paid by the nobility , gentry , and richest and most able part of the people , for or in respect of their lands holden in capite , which were never purchased but frankly given for their service , homage , and incidents thereunto apperteining . and release the ease and benefit of his pourveyances , which did not in all the fifty two counties of england and wales , by the estimate of what was allowed towards it in kent , being thereby charged only with twelve hundred pounds per annum , or thereabouts , put the people of england to above forty thousand pounds per annum charges ; which totalled and summed up together with the profits of the tenures in capite in an. . being º car. will make one hundred forty ▪ one thousand three hundred pounds , or one hundred and twenty thousand two hundred eighty eight pounds , all necessary charges satisfied as it was in º car. primi . shall give away that one hundred forty one thousand three hundred pounds , or one hundred and twenty thousand two hundred and eighty pounds per annum , and loose one hundred and fifty thousand pounds per annum in the buying of his houshold provisions ( besides what more shall be put upon him by a further enhaunce of prizes ) for to gaine one hundred thousand pounds for that moyety of the excise of ale and beer , to be paid out of the sighes , dayly complaints and lamentations of the poorest sort of the subjects , and the discontents and mournings of nineteen parts in twenty of all the people , who by the payment of that excise will be made to bear the burdens of others , to acquit less then a twentieth part of them , of those no ruining payments not often happening to be charged upon them by reason of those kinde of tenures ; or for nothing , if that excise should be taken away . prejudice the king in his honor ( which saul , when he entreated samuel not to dishonor him before the people , understood to be of some concernment ) and his estate , in not affording his pourveyors a pre-emption in the buying provision for his royal family , tables and attendants , which all the acts of parliament made concerning the regulating of pourveyances never denyed . the princes of germany are allowed in their smaller dominions , the caterers of every nobleman frequenting the markets , the servants of every lord of a mannor in england do enjoy , and the common civilities of mankinde , and but ordinary respect of inferiors to their superiors do easily perswade . will not agree or keep company with that honor and reverence which by the laws of god and nature , nations , and right reason , will be due , and ought to be paid to a king and father of his country , nor with the gratitude of those who often enough come with their buckets to the well or fountains or his mercy , or are not seldom craving and obtaining favors of him , to refuse him those small retorns or acknowledgments for his bounties , nor prudence to shew him the way to be selfish or sparing in his kindeness to them . shame our promises and protestations made unto him at his retorne from that misery wherein the sins and madness of a factious part of his subjects had cast him , of sacrificing their lives , fortunes and estates , and all that they had for him , that had rescued them from an utter destruction ; and yet when hee had told them of his wants , and how much it troubled him to see his people to come as they did flocking to see him at whitehall , that hee had not wherewithall to entertain them or make them eat , make such hast to take away his antient rights of pourveyance , or dayly and necessary support of him , his queen , children and servants , and for entertainment of embassadors of forreign princes which for three days untill they have their audience , which is so sumptuous and extraordinary as it costs him at the least three or four hundred pounds a day . when as the ill-nurtured and unmannerly dutch ( gnawing a pickled herring and an onion in one hand and a piece of ruggen bread in the other ) can in their slovenly and small moralities to their prince of orange allow him and his court ( which after the griping & high rate of their excise goes a good part of the way to as much as what the king saved by his pourveyances ) a freedom from payment of excise upon all provisions , and the like to the queen of bohemia , and embassadors of forreign princes all the year , and to their army & every common soldier when they are in the field or leaguer or upon a march , to the ships of merchants aswell as those of warr in their victualling , and to the english company of merchants of the staple there residing , and deny not the universitie of leyden a freedom of having their provision of wine and beer laid in excise-free . when the lord mayor of london hath an allowance or tolls out of oats and sea-coals which are brought to be sold to london of stallage and pickage in the markets and faires , out of cattel brought to be sold in smith-field , and many other things towards the charge of his extraordinary house-keeping in the yeare or time of his majorality , which the simplest and poorest citizen never grumbles at , but acknowledgeth it to be for the honor of their city , hath every company or corporation of trades bringing him forty shillings in retribution of a dinner and a cheap silver spoon , every citizen contributing to the charge of triumphal arches in entertainment of their prince upon extraordinary occasions , every company bearing the charge of the livery men and chief of their company in their pageants on the lord mayors days , and every little borough-town in the country can be well content to help one another in the charges which are put upon it when the king shall in his progress receive any entertainment from them . such a great provision as is necessarily to be made for the kings houshold and his multitude of servants and attendants , will , when much of his provision shall not be sent ( as formerly to his court which did prevent it ) sweep and take away the best sorts of provision from the markets , and as experience hath already told us , make scarce and dear all that can be brought to the market near the kings residence or his occasions . teach the people , whose measure and rule of conscience is to ask high rates , and take as much as by any pretence , tales , falshoods or devices they can get , and more of the king , nobility and gentry then common people , to heighten their prices , and get thereby unjustly of the king more then all their subsidies or assessments shall come to , and render him in no better a case or condition ( as to prices or good husbandry ) in buying his necessary provision ( as they say ) by the peny , then a landlord that lets a farm of l. per ann. to his tenant , and takes his rent in wheat , malt , oats , wood , beef , mutton , veal and poultry , at such rates as he shall exact of him . every clown or carter , every mans servant or kitching-maid shall in matters of market and provision be at liberty to buy a salmon , phesants , partridges , or bustards , and the like , ( fitter for the king then their masters ) out of his pourveyors hands , and do by him as a trim over-monied citizens wife did by a gorget of l. price , ( now too low a price for those kinde of gentlewomen ) which she bought in anno . in the beginning of our pretended religious but irreligious warr out of the queens hand , and being afterwards sent to with a proffer of some advantage , could finde neither manners nor duty to perswade her to part with it . and the e will be then but few araunahs , who when david and his servants came to buy his threshing-floor for to build an altar , bowed himself before the king on his face upon the ground , and answered , let my lord the king take and offer up what seemeth good unto him ; behold , here be oxen for burnt-sacrifice . but every nabal will be ready to answer our david and his pourveyors or servants , who is david , and who is the son of jesse ? or as one of that kindred did lately to the kings harbinger a : windsor at the solemnities of the feast of the garter , when hee could say the king had quitted his tenures & pourveyance , and was now no more to him then another man , he was at liberty to let his lodgings to any one would give him sixpence more ; though the poor persian ( so much celebrated in history ) who rather then he would offer nothing to his prince in his progress by his cottage , could run to the next water and bring as much of it as he could carry in hish and for a present , would , if he were now alive , in a horror and detestation of so great a bestiality and such a monstrum horrendum , take his heels and run quite away from such an ingratitude or inhumanity . disable the brewers , who complaining heavily of the excise-men or tormenters ( as they call them ) will by the mysteries of their trade lay the burden as much as they can upon their customers , & will not be able to give as much as formerly to the maltsters , nor the maltsters to those that sell the barley , but all of them shifting of the burden one upon another will be a cause of the enhancing of the rates of beer and ale , vitiating or making of it worse , and by false gaugings , expilations and tricks of excise men lesser measures used by the retailers , and every ones labouring to ease themselves as much as they can , and using too many devices to make themselves savers , or to increase their gain by the pretences of it , will not fail to bring a huge trouble , much damage , and many inconveniencies upon the people , and the poorer part of them . will very much in the matter of pourveyances ( which oliver and his conventions were content not to molest ) now thrown into that bargain , diminish the magnificence and grandeur of the kings hospitality , which the surplusage of his tables , plenty in his kitchings and cellars , and every where else to be found in all the places and offices of his court , did not only cause an admiration to strangers , but yield a comfort and relief to many sorts of neighbor-inhabitants , streets and villages adjacent , and a great support of the poor , who in the raign of king henry the third , were ( besides the dayly crumms , fragments , and reliques of his houshold provision ) not infrequently fed and treated by that king ; who , as our publique records can tell us , did several times send out warrants and writs to provide victuals ad alendos pauperes in westminster-hall , for as many poor as it could containe , being a better kinde of expence then those vaine , unnecessary and costly treatments which our young gallants and some tradesmen do now too often make their gentlewomen and mistresses in hide park and spring garden , to shew them how little at present they value money and how much they may want it hereafter . and at the same time can think every publique duty to be a grievance and every little too much which they contribute to their prince . who ( if pourveyances shall be taken away ) will not be able to hinder or keep off those many inconveniencies which will obstruct his house keeping & hospitality , nor those many hardships , disgraces and ruines which will fall upon many of his servants and attendants , who ( like the priests in the desolation of the temple ) bewailing the former glory and present necessities of their masters court and house , may weep between the gate and the more retired places thereof , and wish that a queen of sheba ( as shee that came once out of the south to see king solomon ) may never come to view their princes court , the manner of his servants sitting at their tables and eating of their meat , the attendance of his ministers and their apparrell . take away not only the honor but the publique benefits and feudall rights of the tenures in capite , by knight-service and per baroniam , which are justly and highly esteemed in all kingdoms and principalities which are so happy as to live under monarchy the best of governments , and deprive our selves of those nerves and sinews which fix and consolidate the fidelity , peace and welfare of monarchies , and the best part also of those feudal laws , wherein are contained many of the laws and rights of kingdoms , marquisates , earldoms , baronies , and their dependencies . tenures in libero & communi soccagio per fidelitatem tantùm pro omnibus servitiis , in free and common socage by fealty only for all services so universally extended as to make all the english tenures to be in that condition , will be dangerous rather then profitable to the king and people , whose good and safety consists in a due obedience of the people to their prince , and not in that which may invite and incourage sedition and rebellion , & is fitter to be trusted to a kingdom of angells ( which was once not without a lucifer ( a pretender to great light ) & his rebelling partie then to a people ( many of whom being not fully cured of a disobedience more then ordinarily acted to the ruine of their king and his three kingdoms , are now in a full career of all manner of vice and wickedness , running over all the laws of god and man , and wholly given up to their pride and luxury , and an interest and care to maintain them . they that could then mis-interpret scripture , abuse the plain and genuine sense and meaning of all our laws , clearly exprest and fully to be understood , and make an ill use of a not to be ( as they thought ) dissolved parliament , rebell and fight against their king , multiply grievances under colour of remedying them , destroy him and endeavour to do the like to his children and successors , and all the loyal nobility and gentry , which according to their allegiance and tenures of their lands made hast to his standard and defence , will now think they have gotten better fig-leaves , either to cover any thing they shall attempt against their king and soveraign , or for abiding with gilead beyond jordan , and not coming to help or assist him , in regard that for all manner of services they are only to do him fealty , which they may disguise according to their several humors and interests . will unhinge the government and take away the tyes and obligations which were betwixt the king and his subjects , the nobility and better part of the people , and the more common and inferior sort of them , untie their bonds of obedience , and let them loose to a liberty of ruining and undoing themselvs by not obeying their soveraign , which is not to be hazarded upon the hopes of tenures in corde , when the impression and remembrance of benefits are as frail and little immortal as gratitudes , or the love and kindness of many friends or children which hardly survives dayes or moneths or a few years , and at the most do not outlive the first receivers , but do most commonly within a few dayes , if not hours after , wax faint and languish ; and though they did at the first really mean and intend the thankfulness they promised , can as quickly as the scots did by the late kings extraordinary favours and concessions , even to the giving away almost all that hee had in scotland , or as some of their brethren in england did in their undertakings to make him a glorious king , forget what they promised or should do ; and having got power into their hands , be most rigid and severe in the exercise and imployment of it and their liberties against those which granted them . make the head of our english body politique not to be as a head in the body natural , strongly fixed and resting upon those many bones , joints , arteries , muscles and veins which in that line of communication , do serve and attend the motions and directions of the head and principall part for the well being of the whole body ; but to be set in such an unfixed , unsafe , and unusuall order , as it shall neither be able to protect it self or those who depend upon it , and have no other ligaments but fealtie , and the too often broken oaths of allegiance & supremacy , which can never attain to those great obligations of homage and service of warr ; which being annexed to the land it self , had besides the bond of loyaltie another also of gratitude attending upon it , and as a threefold cord not easily to be broken , must of necessity farr surmount that so small a one as fealtie , which being little more then our modern ill used dayly complements , will prove such a small something , as when interest , profit , humors or factions shall either altogether or apart stand in the way of them or any of them , will be made to be little more then nothing . mutilate and lame our ancient best regulated and unparalleled monarchy , and make it to be as paralitick on the right side , and wanting the natural and right use of its right arm and legg ; and applying no better a remedy then a plaister of excise , drawn from the rebelling & necessitous example of a neighbor republique or democratie , put the power and ability of serving the king in his warrs , of helping him to preserve the salus populi or good of the people , and performing the oaths and duty of allegiance , ( a great part whereof was before in the nobility and gentry , who were the best educated , more knowing and virtuous part of the people , and better understanding the order and affairs of government and the loyaltie which at all times and upon all occasions did belong unto it ) into the hands and humor of the ignorant , mis-understanding , rude and giddy plebeians or common people . deprive the king and people of those strengths , ready ayds and assistance of the tenants in capite and by knight service ( who were as so many little and inoffensive garrisons & forts in every county to defend it ) to make head against the sudden invasion of an enemy , put him to a stand , and prevent ( which was evidenced by the late use and terrors of olivers county troops ) the over-running or gaining of whole territories or taking of places of strength , untill greater neighbor forces or an army be imbodyed , or to be as so many brigades or auxiliaries well horsed and furnished ( with their tenants ) to attend their king in a diversive warr , as they were in anno . in that unfortunately suspended expedition or inrode into scotland against those rebellious covenanters against the laws of god as well as those of their soveraign . decay and impoverish the kings revenue , and bring him into a want of money , which made his late majesty the martyr's great and extraordinary virtues , piety and prudence , too weak to defend himself or resist the torrent of sedition and rebellion , which like an inundation of many waters rushed in upon him . exchange the antient and noble guards of england and its never failing defence , as the earthen walls and bulwarks thereof , by an obligation of tenure and homage annexed to the lands of those which hold in capite and by knight-service , for a standing guard or army of hirelings , or men whose fortunes are worn on their backs as their clothes , or by their sides as their swords , which upon any necessity or mischance happening to the king , may , for want of pay ( as the german ruyters or lancekneghts ) or by insolence or presumption of their numbers or strength ( as the praetorian bands amongst the later romans ) or the turkish mutinous janisaries ; or by being inconstant and faithless , as the cosacks and tartars usually are to the poles ; ruine and forsake him , or by an humor of making remonstrances and intermedling in state matters , innovating of laws , changes of government , and sacrificing to the ignorance of their own mechanick brains and new found destructive politicks , destroy the people & their liberties , as our late colonels and captains of the new edition , and the agitators and self-canonized saints did attempt to do when they would make themselves to be so much concerned in the good of the people as to set up a law of the sword and a committee of safety to make no man to have any safety or property but themselves , and called every thing providence which proceeded from their own unparallel'd villainies . renverse and overturn many of the fundamental laws and constitutions of the kingdom , and throw it with the heels upwards into very many evils and confusions , which our selves as well as posterity may repent but not know how to remedie . perpetuate a moyety of the excise upon ale , beer , perry and sider , and make the groans and burden thereof to be as an inheritance for the people , & by the example and custom thereof be by degrees a means to introduce the whole excise , which in the oliverian usurpation was laid upon them ; and though it may not happen in the life time of a gracious prince , father of his country , and preserver of his peoples rights and liberties , may afterwards , like nessus's poisoned shirt upon the back of our hercules and former government , canker , eat up and destroy all their labours and industry . will cut off our sampsons locks , and bereave him of his strength , break in pieces the shield and spear of his mighty men of warr , and when all things antimonarchical should be rooted out , will be a fruitfull plantation and product of the greatest of antimonarchicks , and be that which our english monarchie never yet saw or allowed ; and if gods mercy prevent not , may be as good a guest as a canker or snake in the bosom of it . all which and more evils and inconveniences then can at present be either fore-seen or enumerated , and will ( as to very many of them ) as certainly follow the taking away of tenures in capite and by knight-service , as effects do usually their causes , cromwell the protector of his own villainies as well as our miseries ) very well understood , when , in order to the destruction of the king and his family , the ruine of all the nobility and gentry , and the rooting up of monarchy , and every thing which did but resemble or help to support it ; he did all he could to take away tenures in capite and by knight-service . and having a constant and standing army of thirty thousand horse and foot allowed to him and his successors by his instrument of government , or rod of scorpions , and a revenue of nineteen hundred thousand pounds to maintain himself in his intended unlimited monarchy , and to keep the people in slavery , cozening , cheating , and ruining all loyal and honest men under the hypocrisie and pretence of intentional godliness , and two hundred thousand pounds per annum for the provision of his house and servants , found himself no way indammaged by destroying tenures in capite or by knight-service , or concerned to retain or keep them . which being the most noble sort of tenures , most antient , free , and priviledged , will if they shall be truly and judiciously put in parallel and balance with those of the original and proper tenures in socage , who as coloni & adscriptitii , tied to their husbandry and plowes , did ( as sr edward cook saith ) arare & herciare , plow and harrow their lords lands , and do many other servile works ; or with such a socage as those many tenants hold their lands by , which hold by a certain small rent of sir anthony weldens heir for castle-guard to the ruined rochester castle in kent , to pay s. d. nomine poenae for every tide which after the time limited for payment shall run under rochester bridg. or with copy-hold tenures , ( which at the first being frankly given for years or life , and after by a continued charity turned to a customary inheritance ) were bound up to many inconveniences , as not to lease their lands or fell timber without their lords licence , and many forfeitures , payments and customes , some at fines incertain , at the will of the lord , after the death of their ancestor , and which upon a suit or appeal in the courts of justice or chancery are never mitigated or brought lower then two years present and improved value ; and where the fines are certain , do in many places pay as much or more , in some places where they pay less pay after the rate of five pence per acre , and in other eight pence per acre , or higher as the custome varies ; and pay herriots , not only upon the death of the last tenant but upon surrenders ; and in some places the widdows having no free bench ( as they call it ) or estate in the lands after their husbands ; and where they have that or dower , which is seldom in other places , do forfeit if they marry again ; or in some places , if they commit fornication or adultery in their widdow-hood ; and if the lords of mannors put the tenants out of their copyhold estates upon a forfeiture , they have by law no remedy but to petition to them , can have no writ of right-close to command their lords to do them right without delay according to the custome of the mannor , no writ of false judgment at the common law given in the lords court , but must sue to the lord by petition , nor can sue any writ of monstraverunt to command their lords , not to require of them other customs or services then they ought , must grinde at the lords mill and bake at his common oven , and not speak irreverently of them . or those kinde of tenures of lands in cumberland , northumberland , westmerland , and the north parts of england , which pay a thirty peny fine at every alienation , and a twenty peny fine upon the death of an ancestor or of their lord , according to the rate of the small yearly rents of their lands , which were at the first freely given for service in warr , and to repell the scottish incursions , now much insisted upon and called tenant-right . or lease-holders which are racked or pay fines , and a rent , as much as any will give for them under harsh and strict covenants , conditions , forfeitures , & nomine poenae's , without a standing army & assessments and a troop of horse ( as was done in olivers time ) to scout in every county , to awe , terrifie , abuse and sometimes rob the inhabitants . or the now so much desired tenure of free and common socage , ( many of which are under the payment of a tenth every year , of the value as they were first granted ) by fealty only for all services , with a standing army or assessments , though farr lesser , as it is hoped , instead of tenures in capite and by knight-service , will be more desirable and prove a greater freedom then either the old socage tenure , which in kent they did sometimes willingly exchange , to hold the same lands by knight-service , or the copy-holders or northern tenant-rightmen , or the free and common socage by fealtie only and no other services . none of which have or can justly claim as the tenants in capite and by knight-service do those antient and honourable rights , immunities and priviledges which justly belong unto them , nor their court barons and court leetes , with the priviledges of basse justice , doing justice to their tenants for small debts under forty shillings , correcting and overseeing the assize of bread and beer , weights and measures , corrupt victuals , punishment of breach of the peace , swearing constables , making by-lawes , power of administring the oath of allegiance , inquiries concerning victuallers , artificers , workmen , laborers , and excess of prizes of wines , &c. inquiries after seditions , treasons , &c. and presenting and certifying them or any other thing that might disturb the peace and welfare of their king and country , and by keeping the lesser wheels in order , did contribute much to that of the greater , and every one ( as litle and subordinate reguli and petty princes ) enjoying under their kings and soveraignes that which to this day ( as well as antiently ) have been called royalties , which being but pencil'd and drawn out of regal favours and permission , are in fide & homagio deduced from those tenures ; for all which free gifts , emoluments , immunities and priviledges , they had no other . burdens or duties incumbent upon tenures in capite and knight-service . then to go to warr well arrayed and furnished with the king or his lieutenant general ( which every subject if he had not lands freely given him is in duty bound to do ) or his mesne lord when warrs should happen , which in a common course of accidents may be but once or not at all in his life time , and then not to tarry with him above forty dayes or less according to their proportion of fee or lands holden at their own charge ( which is a greater favor then to go along with him all the time of his warrs ) and for all the time that they remain afterwards in the camp to be at the kings charge , and to have escuage assessed by parliament of their own tenants if they shall refuse to go also in person . their respit of homage was without personall attendance discharged once in four terms or a years space for smaller fees proportionable to the yearly value of their lands then three shillings four pence per ann. which they that held a knights fee yearly paid to their mesne lords for respite of suit of court. their releif when they dyed , leaving their heirs at full age , was for a whole knights fee but cs. ( lesse most commonly then a herriot or the price of their best horse or beast if they had holden in socage ) and when they were in ward paid nothing for it ; for a barony marks , and an earldom l. of a marquis marks , and a duke l. the primer seisin , which though due by law was never paid untill º or º car. primi , was like the clergies first-fruits , according to a small moderate value a years profit if in possession , and a moyety in reversion ; and so small a casualtie or revenue , as in the th year of the raign of his late majestie they did but amount unto l. s. d. ob . half farthing . and the charge to the officers of a general livery ( being like to an admittance of a tenant in a copy-hold estate , but a great deal cheaper ) where the lands were under value and found but at l. per ann. which most commonly was the highest rate of finding or valuation of it when it was l. per annum or something more , with all the fees and requisites thereunto did not exceed l. and the fine for a livery where there was a wardship , half a years profit after a small value , and so little as in car. the accompt for liveriess was but l. s. d. ob . farthing . and where a special livery under the great seal of england was sued out , with a pardon for alienations , intrusions , &c. did not with the lord chancellors , master of the rolls , and master of the wards , and all other fees included , make the charge amount to more then l. or l. where a livery was not sued out as it ought to be , the mesne rates and forfeitures ( which may be avoided ) were either pardoned or gently compounded , and of so small a consideration in the kings revenue by wardships , as in anno . and a time of peace , the account thereof amounted to no more then nine hundred ninety two pounds fifteen shillings two pence half-peny half-farthing . and where a minority happened , which in times of less luxury was but seldome , many were either knighted or married before they attained to their full age , and heirs females were not infrequently married long before their age of . there being not one with another , one in every seven that died leaving an heir in minority . which may the better be credited , for that , if report mistake not , a family of poynings or pointz , having from the reign of king h. . now almost six hundred years ago , not had an heir in minority . and it is certain enough that in twenty discents of the family of veeres , now earls of oxford , in the space of six hundred years and some thing more , and the warrs and troubles which happened in many of them , there have not been but six in minority when their fathers or ancestors died ; and the like or less may be found or instanced in many others . and for one that is left very young at his fathers death , there are commonly nineteen that are of greater age ; and for one betwixt five years old and ten , there are ten that are above the age of ten ; and for one that is betwixt that and fifteen , there are seven that are above it ; for that most commonly in such early marriages as these times affoard , which in great estates are not seldome the sons are at age , or a great part of it , before their fathers death , and do keep a better account of their fathers age then they do of their own . and then the marriages , which now generally bring ten times bigger portions then one hundred years ago , were most commonly granted to the mothers , or to the next and best friends , if they petitioned within a moneth after the death of the fathers or ancestors , and where there were considerable debts or many younger children , were not rated at above one years improved value , if the estates were not indebted or incumbred with younger childrens portions , and a great deal less if it were , as may easily occur to any that shall compare the fines for marriages ( appearing in sr miles fleetwood the receiver generals accounts of the court of wards ) with the value of the lands in wardship , where very small sums , as , , , or l. fines for marriages , may be found to be set upon an estate of or l. per annum . and most commonly compounded for to the use of the ward himself , and from heir male to heir male , although they were six or seven of the sons of the same father , for the same fine or compositi on , if the ward should dye , which , or the like favour as to lands , is not used by lords of mannors upon admission of tenants to copy-hold estates . the lands where there were no dowers or joyntures ( which ordinarily did take away a third part or more ) were leased for a small rent , not exceeding most commonly the tenth part , and very often according to the troubles , incumbrances and debts upon the estate , at the fifteenth or twentieth part , out of which the ward had an exhibition yearly allowed towards his education ; if of small age , after the rate of l. per cent. of the revenue of the lands , certified by the feodary ; or if at university or in travel beyond the seas , had a better allowance . the licences for marriage ( which is totally denyed in copy-hold estates , and would be therein gladly purchased ) were of so small profit to the king seldom happening or cheaply granted , and in that of great ladies not called for , as it came to no more in the th year of the raign of king charles the first , then l. s. d. and the licence to compound with copy-holders for their admittances in the times of the lords of the mannors , wardships , so easily and for a little granted , as in that they came but unto l. the fines upon the making of the leases or grants of the lands were small and more pro forma then otherwise at s. s. d. d , &c. and very small summs of money when they exceeded . and whatsoever charges or payments may happen by wardships , which all things duely considered are less then what is paid upon copy-hold estates , may by law and the favour of former kings , be for a great part escaped by conveying away in their life times or devising by will two parts in three of all their lands ( leaving a third part to descend to the heirs ) for payment of debts and preferment of wives and children , the heires of tenants in capite and men of any considerable estate very often marrying before the age of one and twenty years , and having all or the most part of the fathers estate , reserving some estate for life , and the mothers joynture or dower excepted setled upon them . which they may well be contented with , when as all the charges and burdens ( as some , do cal them ) which do happen upon those tenures , are lesser then the payment of the first-fruits of benefices and bishopricks to the clergy , with procurations , synodalls , & other necessary charges in the bishops visitations , lesser then that of tenths , according to the then true yearly value , reserved by king h. . and e. . upon their gifts , grants , sales and exchanges of abby lands , lesser then the payment of tythes , and lesser and more seldom then the easie payments and burdens upon copy-hold estates ; when as those that purchased any of those kinde of lands either charged with tythes or tenths , or the duties or incidents belonging to lands in capite and by knight-service , did buy them with those concomitants , which neither buyer nor seller were able to purchase or discharge ; and cannot pretend it to be a grievance , because they cannot enjoy them freer then they purchased or expected , no more then he that buyes a calf can complain it was not an oxe , then hee that bought a copy-hold estate after the rate of an estate of that nature , and did suite and service belonging unto it , can afterwards think himself to be ill used , or under any oppression , because it was not free-hold ; or hee that bought a lease can justly conceive himself to be injured by him that sold it , because he hath not the reversion or fee simple of it . and should ( if rightly examined and duly considered ) be no more a cause of complaint or grievance then the weakness in estate of a tenant overwhelmed with debts , and his disability to pay a cheap and easie rent of twenty pounds per annum , though it makes that rent to be a burden , which formerly ( and being not indebted ) he found to be none , can make it either to be a grievance or unreasonable or illegal , or the old age or sickness of a formerly lusty and healthfull man , which renders a small weight to be very heavy , which was at other times not at all troublesome to him , can make it in it self to be so much as he now takes it . nor are the supposed grievances and burdens of tenures in capite and knight-service , naturally , originally or intrinsecally to be found either in them or by them , but are often occasioned by the parties groundless complaints , and the troubles and burdens which they bring upon themselves , who like men very sick by distempers and diseases of their owne making and complaining heavily of their paines and anguish , can many times only tell that they are sick , and not as they would or should be , but not whence it came , or if they could are unwilling to remember the causes of it . for , the reason why they seem to be burdens and grievances , and heavier then formerly cannot be hid from those which shall but enquire and rightly and judiciously search into the causes of that which now lyes more upon some mens spirits , or imaginations , then need to be , if they would doe by themselves in the oeconomie and manage of their estates and affairs , as their more prudent and virtuous ancestors did , who when meadow ground was in h. . dayes now not much above yeares agoe , in the most fertile counties of england , at no greater a yearely value then d per acre by the yeare , and other lands of d. or d. an acre per annum , could keep greater houses or hospitalities by five or ten to one then they doe now , a greater retinue of servants and dependants , gave great quantities of lands in common , and estovers of wood to the poore or whole townshipps , live honorably if they were barons , and worshipfully if they were knights , and esquires , and serve their prince faithfully , did great acts of piety and charity , by building and endowing of churches , and stood as greater and lesser pillars in their severall counties , did not rack and skrew their tenants to the utmost that any would give for lands , with harsh and hard covenants and conditions , did grant mannors , annuities , and farms to gentlemen in fee , or for lives , to serve and go along with them and their prince upon occasion of wars , were not troubled at their tenures in capite and by knight-service , did not thinke those benefits to be any burdens , though great summs of money were somtimes paid as l. by a mother of an earle of oxford , and marks by a mother of in earle of clare , in the raigne of king h. . for their wardshipps , when marriage portions or dowries in money were but small , and their large and great revenues considered , were but as accumulations of many lesser wardshippe ; were not so much indebted as now , nor so much enforced to mortgage or sell lands , get friends , servants , or tradesmen to be bound for them ; to have their lands extended , or the persons of such of them as were under the degree of baronage , outlawed or arrested , were not up to the ears in shop-keepers or trades-mens books or items , but lived within the pale of virtue and fence of sobriety , and far better then they do now , when they do let errable land at or s. per acre , by the year ; pasture at or s. and meadow at s. or sometime l. the acre per an. were not driven out of their ancient and former love and reputation in their countries or neighbourhood , by letting the kitchin chimneys of their country houses fall down for want of making but ordinary fires in them ; but did in their several orbs and ranks live more honourably and worshipfully then now they do or can , when they are guilty of few of those great and good actions ; did not , as too many do , spend in the pursuit of vanities ten times more then their forefathers , who had long kept and enjoyed the same or greater estates ; nor sit up all night ▪ to come home drowsie and discredited in the morning , with the loss of or l. and sometimes or l. by gaming ; bestow or l. on a coach , and or l. upon a band ; spend more in gaming , drinking , and whoring , ( which their forefathers , though sometimes addicted thereunto , could get at cheaper rates then by maintaining a costly corinthian lais or a sumptuous cleopatra ) then would pay for the charge of a wardship , and lose more in a careless or not at all taking of their accounts , or looking to their estates & affairs then would twice over discharge it , nor did tamely permit their flatterers , sycophants , and promoters or concealers of their vices , to go a share in their estates and fortunes : too many of their eldest sons were not so mounted to the height of fashions as to spend more in powder , plays , coaches and ribbons ( the lesser circumstantials of their vain expences ) then their forefathers , when they were heirs apparent had allowed them for all necessaries , and a better kind of education , and expend more in peruks or periwigs , at or l. price , for every one , then would pay for the charges of suing out their fathers liveries ; too many of their wives and daughters did not racket with a troop of young gallants , or gentlemen of amours or dalliance ; nor discourse more of romances then the word of god , virtue and good examples , send their linnen for the attire of their heads and necks , when they are above one hundred miles from london , by the weekly posts , to be washed or starched by the exchange-women , hunt after the newest and most costly fashions , sacrifice to all the parts of pride , gluttony , prodigalities , and luxuries , drive a trade of black patches and painting , give , or l. for a yard of lace ; did not make it their designs to vie with every one they can perceive to wear jewels , diamond lockets , necklaces of pearl , or more costly apparel then themselves ; did not give insana pretia , extravagant and cheating prices , because such a mad great woman , or a neighbours purse-emptying wife had given the same , & 't would be a disparagement to come ( as they say ) behind them , or wear any thing at a lesser rate ; nor adventure and many times lose , or l. in an afteroonn or evening at cards , which is now become most of their huswifery ; their daughters did not in their hopes of getting princes to their husbands , or impossible great marriages , help to cast their fathers estates and purses into a consumption , and spend more money betwixt their age of and then would have made treble the marriage portions of their grandams , when l. or or l. was a good portion for a good knights well-bred daughter , when marks was in h . a good portion for a marriage betwixt thomas lord clifford and a daughter of the lord dacre ; when henry lord clifford having great and large revenues in the north parts of england and else where , did in h. . suppose it to be a good provision for his daughter elizabeth clifford to devise to her by his last will and testament one thousand pounds if shee married an earle , ( which in those dayes were men of no small revenues ) or an earles sonne and heire , marks if a baron , and marks if a knight , and that henry lord clifford his sonne did in the th . or th year of the raign of queen eliz. give by his will but l. to his daughter if shee married an earl or an earls son and heir , marks if a baron or his son and heire apparent , and marks if shee married a knight , and that or or l. is now but an ordinary portion to be given in marriage to rich yeomens sonnes , or the smaller sort of gentry or silkmen , mercers , or drapers , and a great deale too litle for those kind of haggard hawks ( for there be some though not so many as should be which live soberly and chastly , and are helpers to preserve and increase , not spend their husbands estates , aswell as their owne portions , ) who fly steeple high and cannot by any law or perswasion of scripture , reason , shame , or feare of poverty , imprisonment and ruine of their husbands & children , and their sighs & sorrows be brought to stoop or give way to any lower pitch , but are more destructive to a husband , who against his will and for that little quiet and content which he can get , must permit it , then the mischances of a rot of sheep , piracies or shipwracks , the sea breaking in upon their landes , ruine of sequestrations or suretyship , and if they might have their wills are able to bankrupt and exhaust the king of spain and all his west-indies . when too many of the young women will not like or love the men , unless they be as vain and expensive as themselvs ; and the men to please the women & be fashionable , must run a vie with them who shall soonest spend all they have , or can by any sinfull courses compass a support or maintenance for it . and the fathers most commonly so much indebted before they marry their eldest sons , as they must have their marriage portions to marry their daughters , and for or l. portion , make his daughter in law a joynture of or l. per annum , to free her from the trouble of over-loveing her husband , when as shee shall be after his death so well provided to get another . when two or three servants wages amount to as much as six heretofore , and a great deale more per annum then would have made a good gentlemans younger sonne an annuity , when great assessments beleaguer them on one side , and their own vices and prodigalities , and all manner of costly sins and vanities now so universally practised on the other side ; tradesmen use false weights and measures , and more then formerly tricks and mysteries of trade , adulterating their work and commodities , and raiseing the prices to three times more then heretofore , and by the prodigality and carelesness of not a few of the gentry , creep into their estates , and get too great a footing in it , by furnishing them with vanities , and the country men and farmers to maintain their growing pride , and excesse making all the haste they can to imitate them , do heighten the rates of all that they sell ; and when the foundations of our little world ( which was wont to be the best of the greater ) are broken up , and most part of the people eccentrick and running into excess and disorder ; when the apprentices and servants will do all they can to live like gentlemen , the mechanicks like merchants , the gentry as high as the nobility , the maids will be apparelled like their mistresses , & the mistresses as farr beyond their estates as their wits , vintners & woodmongers wives & poulterers daughters must have pearl neck-laces of great prizes , and all ranks and degrees of people would , ( as if they had been chosen kings & queens on twelfth nights , make it their business to be in their expences kings and queens all the year after ) do not only consume and waste the estates of very many of our gentry , and disable them to pay as formerly their necessary aids , contributions and oblations to their prince for the safety of themselves and their countries , but carry them and all that follow their example beyond an asiatica luxus , that forreign luxury of asia , which , as juvenal saith , — incubuit victumque ulciscitur orbem , conquered and undid the conquering rome and mistress of the word ; the abuse of peace and plenty , which the lydians by the policy of cyrus did ruine and subdue themselvs withall ; & that height of pride and plenty which in germany did help to procure their after wofull warrs and desolations . and making us to be almost as mad in our luxuries as the ridiculous sybarites , will suddenly ( if gods mercy and good laws prevent not ) make poor england ( which for twenty yeares last past hath been kicked , tost and torn like a foot-ball by the pocketing and plundering reformers and their ungodly warrs ) to be a burden to it self , and not able to support the excesses and pride of the people of it ; but trembling at the apprehension of gods long deferred judgments for the punishment of it , groan under the burden of those sins which do every day more and more hasten and draw them down upon us . and may perswade us when it is too late , that the saving in these last twenty yeares eighteen hundred thousand pounds which would have been paid to king charls the first , and his majesty that now is , by reason of wardships and tenures in capite and by knight-service , with many other great summs of money due to them out of their royal revenues , amounting to as much or a great deal more which the king in his largely extended act of oblivion is now pleased to remit and pardon , will not by a tenth part make the people of england savers for what was lost and expended in the warrs by ruines and plundrings , besides very near forty millions of sterling money spent in publick taxes and assessments to purchase an unhappy rebellion , and the sad effects and consequences of it . so that our complaints of tenures in capite and knight-service are from a non causa , by imagining that to be a cause which was not , for our supposed grievances , are but like those of hurt and wounded men by their own follies and distempers , which cannot endure the softest hand or most gentle touch of a friend . tenterden steeple was not the cause of goodwin sands , nor of shipwracks at sea , but the rage of the windes & seas , and the waves and billows cuffing each other . nor is our ever welcome youth , and lamented when it is lost , the cause of gouts , palsies , dropsies , hectick fevers , consumptions , and many times a worser disease , which the intemperances of young people with no little charge in the purchase of them have hired to be their attendants . but they are our more then ordinary pride and vices which have made our burdens twenty times exceed any payments or charges by wardships , which are ( when they happen ) sufficiently recompenced by the care and priviledges of the court of wards , preserving the wards wood and timber , binding in great bonds those which are trusted , to make true and just accompts , calling them ( if need be ) often to accompt , as in the duke of buckinghams case , once in every three years , and redressing wrongs done to them either in their real or personal estates . the hundred thousand pounds and above spent the last year in coaches and feathers extraordinary , and one hundred and fi●ty thousand pounds at the least spent this year in ribbons , must be no grievance , but a quarter of either of the summs spent in wardships , ( which in scotland in the raign of their king malcombe the second , which was before the conquest , was not unwillingly yielded to be the kings right , nè non suppeterent regiae majestatis facultates , to the end the king should have wherewithall to defend the kingdom ; which master st john in the case of ship money , and the parliament ( so called ) in an. , were content should be allowed the king for the same purpose ) must be intolerable . or like those which let their sacks of wool fall into the water , and finde them to be much heavier then they were , if our land be as the shaking of the olive-tree , and as the gleaning grapes when the vintage is done , and we cry , our leanness , our leanness , and finde a disability more then formerly to perform those duties & services which were never denyed to be due unto our prince in support of his royal dignity and the welfare and happiness of his people , the cause is allunde , comes another way , and ariseth from our unlucky reformations , publick taxes and assessments , to assist the ungodly attempts of those who designed and continued our intestine warrs , & from those grand impositions which most of the people have laid upon themselves in the purchase of pride and superfluities , which those who have made it to be so much their business may know how to free themselves of . and if the lands which are holden by such beneficiary tenures so antient , so honorable for the king , and safe for him and his people , and so legal & rational cum totius antiquitatis et multorum seculorum , concensu , from generation to generation , & through many generations well and thankfully approved , usage and custome of them shall be now taken to be burdens , the owners of those lands may easily save the labour and trouble of complaining , and free themselves of those undeservedly called burdens , by restoring of the lands according to the rules of right reason , law , and equity , to those or their heirs , which did at first freely give them , and had the faith and promise of those that received those no small favours cum onere to perform the services and duties which the law and a long and reasonable custome have charged upon them or those which afterwards purchased them . or if that will not be liked , and we must think we do nothing , unless ( not in a desart but a land of canaan ) we out-do the murmurings of the sadly punished israelites with quails in their mouthes , when all shall be done as some people would have it , and that tenures in capite and by knight-service , and the royal pourveyances shall be sacrificed to their desires or wishes , they will then make no better a bargain of it then those , who repining & grumbling at the charge of maintaining sea-walls and banks , have aftewards found by wofull experience , that it was farr less charge and damage then to have the sea break in upon their marshes and lands , drown and carry away their cattel , and be at a greater charge then formerly in making them up again and maintaining of them . or as those that found fault with the surplice did , when by their unquiet ignorances they opened the door to an army of fanaticks and locusts which did almost eat up every green thing in the fields of our religion . or as those murmurers , who thinking twenty shillings to be a heavie taxe for ship-money , guard of the seas , and defence of the kingdom , to be laid upon or l. per annum ( for that was all which was in a year or half a year laid upon the unhappy mr hamdens lands ) were afterwards for many yeares together enforced to pay the fifth part of their rents and revenues to help to destroy the king , laws , and religion , kill their debtors , husbands and children , and near relations . and then the next thing will be to desire that they might have the farr heavier burden of taxes and assessments taken off , which if tenures in capite & by knight-service shall be taken away , can no more be avoided then he that wilfully shuts out the light of the sun or the day , unless he will like democritus sit and grow wiser in the dark , can save the greater charges and expences of candles and other lights : and will at the last learn to believe , that when salus privatorum & omnia bona civiuin in salute patriae continentur , every private mans good and safety depends upon the kings and the weal publick , it will not be for the good and safety of the people to take away the lions meat , enforce him to seek his prey or take it himself , or to suffer the head to languish , in hope that the members or the rest of the body should be the better for it ; who when they are called to the council or parliament of the body natural , are to lay aside all their own interest and concernments , and every one doe what they can to cure and help the wants of it . and that if those lands which are holden in capite and by knight-service had been at the first purchased at the true and utmost value , and the charges now incumbent upon them , had been since imposed upon them , when other lands were free and not charged with them , there might be reason enough to call them burdens ; but being that they were not at the first purchased , but freely and frankly given upon those conditions which were by agreement promised to be performed by those that thankfully received them , and would be so now by the greatest maligners of them or inveighers against them , there can be no manner of reason , cause or ground to esteem them to be burdens , oppressions or norman servitudes ( as ordericus vitalis and mathew paris ; the later whereof wrote his history in the raign of king h. . since which time many indulgences have been granted to those kinde of tenures , have been pleased to mistake them ) when our magna charta and all our acts of parliament have in every age ranked them amongst the peoples liberties , and confirmed and made many an act of parliament to support those regalities . and when the parliament of imo car. i mi in their great care of their liberties , and the taking away of all that might but disturb them , did call them a principal flower of the crown , which being not used to be made-up or grow out of grievances . cannot be disparaged by those clamours and crys which have , more then needed , been made concerning the earl of downes concealed wardship , and the inconveniences arising thereby , which did not the tenth part of that prejudice to his revenue and estate , which his prodigality and other extravagancies afterwards brought upon it , and might how soever have been prevented , if his mother in law or any other of his friends ( upon the several requests of the master of the court of wards and the officers of that court ) would have petitioned and compounded for his wardship , and not have made those many traverses and denyals in those many suits of law and pursuits which were afterwards made to compell them to it . nor will that or any other which are pretended grievances be ever equal or come up to those farr exceeding real and certain grievances which too many of the fathers in law of england ( into whose hands and custody most of the wardships or guardianships are endeavored to be more then formerly put ) will , if those tenures shall be taken away , bring upon fatherless children , and will in a short time do more harm to the childrens estates of the first husband then ever yet happened by wardships to the king and mesne lords . which the case of one that twelve years ago had the revenue of an infant amounting unto above l. per annum charged with no more then l. debt , and a great personal estate committed to his trust , hath to this day paid none or a very small part of it , but keeps the rents and profits , allowing a small exhibition to the infant , to his own advantage . of another , that hath sold and wasted woods and timber of a minors , to the value of ten thousand pounds sterling . and many more sad & deplorable experiments , which abundantly induce to believe as well as lament them , & are not to be found in those well-ordered & easie way of the grants and dispositions of wardships which happened by tenures in capite & by knight-service . which may appear to be the better established , & upon greater grounds of law , right reason , justice and equity , when as many of the lords of manors and copy-hold estates who do now enjoy by those tenures many rights , seignories and commands , with view of frank-pledge , deodands , felons goods , wrecks , goods of out-lawed persons , and retorna brevium granted and imparted to their ancestors by the bounty and favor of his majesties royal progenitors , who did not think it to be a grievance to have abby or religious lands which were freely given or cheaply granted to them held in capite and by knight-service , though there were at the same time a tenth of the then true yearly value reserved , would not upon the pretence and clamours of some copy-holders concerning fines incertain , and the rigours and high demands put upon them by some lords of manors who have or copy-holders in some manors belonging unto them , and can ask s. d. per acre for some lands , and s. per acre for others to permit them to take their estates hereafter at a reasonable fine certain ; and whether poor or rich , indebted or not indebted , and charged with children or not , will seise their herriots , and take as much as they can get upon the admissions of the heir , or the out ▪ cries against the many costly and vexatious suits which have tired westminster-hall , and some parliaments concerning fines incertain , be well contented . that their power of rating and taking fines should be restrained , or that they should be ordered upon the admittances of their copy-hold tenants by act of parliament to permit their tenants without such fines as they usually take to surrender and alien two parts in three for the advancement of their wives , payment of debts or preferment of children , as the kings of england and mesne lords have limited themselves , or should be tyed upon the death of every tenant and admission of his heir , as king james was pleased to limit him and his heirs and successors . that upon consideration of circumstances , which may happen in assessing fines , either by reason of the broken estate of the deceased , want of provision for his wife , his great charge of children unprovided for , infirmity or tenderness of the heir , incertainty of the title , or greatness of incumberances upon the lands , there shall be ( as those or any other the bike considerations shall offer themselvs ) used that good discretion and conscience which shall be fit in mitigating or abating fines or rents to the relief of such necessities . or to release and quit all their royalties in their manors , nor would think it a good bargain to have no compensation or recompence at all for them , or no more then after the rate of what might communibus annis , one year with another , be made of them ; or that they could with justice and equity lay the burdens and payments of the copy-holders upon the free-holders and cotagers . which if they do not now take to be reasonable in their own cases , may certainly give every man to understand how little reason there will be to take away the dependencies and benefits by tenures in capite and knight-service holden of the king and mesne lords . or to abridge the king of that harmeless power never before denyed to any of his ancestors , to create tenures in capite and by knight service , or in grand serjeanty for the defence and honour of the kingdom , upon new grants of lands or favours ; especially when ●s his majesty that now is , did by his declaration of the thirtieth of november last , concerning the establishing and quieting the government in the kingdom of ireland , ( which hath been since very much liked and approved by the parliament of that nation ) insert a saving of the tenures of the mesne lords , and ordained tenures in capite and by knight-service upon the lands which shall be set out to the souldiery for their arrears . or that tenures in capite not by knight-service , with all petit serjeanties , ( which , as sir edward coke saith , is a tenure as of the crown , that is , as he is king ) and the profits and reservations upon them , which if well gathered would make some addition to the royal revenue , should by the pattern of olivers ( so called ) act of parliament be taken away when there are no wardships incident thereunto , and that aid to make the kings eldest son a knight , or marry his eldest daughter , should be taken away in the capite and knight-service tenures , and left to remain in the former socage tenures , or how little it will be for the good of the people if the intended act of parliament shall order the tenures in capite by socage to pay double their former quit rents or other rents or incidents belonging thereunto , or to pay for a relief double their petit serjeanties or other duties reserved . when as tenures in capite and by knight-service can certainly have no pretence of grievance in them , ( for they are only pretences and causeless clamours that have of late cast them into an odium or ill will of the common sort of people , or such as do not rightly understand them ) but may be made to be more pleasing unto them by this or the like expedient , if the marriage of the wards and rents of their lands during all the time of their minorities computed together shall be reduced to be never above one years improved value , which will be but the half of that which is now accounted to be a reasonable fine , and frequently paid by many copy-hold tenants , whose fines are certain , and would be most joyously paid by those which are by law to pay fines incertain at the will of their lords . that the arch-bishop of canterbury and those other few mesne lords , who by antient exemption and priviledge are to have the wardships of tenants holding of them by knight-service in their minorities , though they hold other lands in capite and by knight-service of the king , may be ordained to do the like favors . that all that hold in capite and by knight-service be freed from all assesments touching warr of their demesne lands holden in capite and by knight-service , as in all reason they ought , being a libertie or priviledge ( amongst others ) granted to them by the charter of king henry the first , the ( original of a great part of our magna charta ) in these words , militibus qui per loricas terras suas defendunt terras dominicarum carucarum suarum quietas ab omnibus geldis & ab omni opere proprio dono meo concedo , ut sicut tam magno gravamine alleviati , sunt in equis & armis , se bene instruant ut apti & parati sint ad servitium meum & ad defensionem regni mei ; that the knights which hold by knight-service , and defend their own lands by that tenure , shall be acquitted of all geldes and taxes of their demesn lands , and from all other works upon condition , that as they being freed from so great a burden , they be at all times ready with horses and arms , for the service of the king and defence of the kingdom : which being long after found out , produced , and read by stephen langton , to the earls and barons of england , and abbots and others of the clergy , assembled in st pauls church in london , in the great contest which was betwixt king john and his barons about their liberties , gavisi sunt gaudio magno valde ( saith matthew paris ) & juraverunt omnes in presentia dicti archi-episcopi quod viso tempore congruo pro hiis libertatibus , si necesse fuerit , decertabunt usque ad mortem ; they greatly rejoyced , and did in the presence of the said arch-bishop swear , that if need were they would contend even to death for those liberties : and is at this day so little misliked in france , as an ancient counsellor of estate of that kingdom , in the reigns of the great henry the fourth of france , and his son lewis the thirteenth , in his discourse of the means of establishing , preserving and aggrandising a kingdom , is of opinion that those fieffs , nobles , and tenures by knight service , ought to have an exemption , as they there have , of all manner of taxes and impositions , for that they are to hazard their lives pour la defence de l'estat , for the defence of the kingdom . if where lands are holden in socage of the king or any other person , and there be a wardship by reason of the said lands holden of the king in capite , or pour cause de garde of some other that holds in capite and is in minority , the lands which are found to be holden of the king or any other mesne lord in socage , being taken into consideration only as to the fine for the marriage , may not be put under any rent or lease to be made by that court , but be freed as they were frequently and anciently by writs sent to the escheators , now extant and appearing upon record . that primer seisins be taken away and no more paid . that the king shall in recompence thereof have and receive of every duke or earl that dieth seised of any lands or hereditaments in capite and by knight-service , the sum of two hundred pounds ; of every baron two hundred marks ; of every one else that holdeth by a knights fee , proportionably , according to the quantity of the fee which he holdeth , twenty pound for a reliefe . that incroachments upon wast grounds and high ways , which are holden in capite , shall be no cause of wardship or paying any other duties incident to that tenure , if it shall upon the first proof and notice be relinquished . that in case of neglecting to petition within a moneth after the death of the tenant in capite , or otherwise concealing any wardships , or not suing out of livery , if upon information brought , issue joyned , and witnesses examined , or at any time before hearing or tryal of the cause , the party offending or concerned shall pay the prosecutor his double costs , and satisfie the king the mesne rates , he shall be admitted to compound . that only escuage and service of warr ( except in the aforesaid cases of the arch-bishop of canterbury and some few others ) and all other incidents except wardships , due by their tenants which hold of them by knight-service , be reserved to mesne lords , & that the reliefs of five pounds for a whole knights fee , or proportionably according to the quantity of lands of that kinde of fee holden , shall be after the death of every such tenant twenty pounds , and proportionably as aforesaid . that to lessen the charges of escheators and juries for every single office or inquisition to be found or taken , after the death of every tenant in capite & by knight-service , the time of petitioning within a moneth after the death of the ancestor may be enlarged to three moneths , and the shire , town , city , or principal place of every county be appointed with certain days or times for the finding of offices , to the end that one and the same meeting , and one and the same jury , with one and the same charge , or by a contribution of all parties concerned may give a dispatch thereunto . that the unnecessary bonds formerly taken in the court of wards at s. d. or s. charge upon suing out of every diem clausis extremum , or writ to finde an office obliging the prosecution thereof , may be no more taken , when as the time limited for petitioning to compound for wardships , and the danger of not doing of it , will be ingagement sufficient . that grants , leases , and decrees of the court may not ( to the great charge of the people ) be unnecessarily as they have been at length inrolled with the auditors of that court , when as the same was done before by other officers , in other records of that court to which the auditors may have a free access , and at any time take extracts out of them . that a severe act of parliament be made against such as shall mis-use or waste any wards estate , lands , woods , and timber committed or granted to them , or any personal estate which belongeth unto them , or shall not give them fit education , or shall disparage them in their marriages , or marry them without any competent portion , or shall not within a moneth after the death of such ward , or coming to his age of one and twenty years make a true accompt and payment unto the said ward , or his heirs or executors , of all that shall be by them due and payable to him or them by reason of the said wardship , upon pain of forfeiture to the use of the said ward , his heirs or executors , besides the said moneys due and payable to the use of the said wards , double costs and damages expended or sustained therein . and that if any thing of grievance shall appear to have been in the compositions for royal pourveyances , or in cart taking , which that which was called a parliament did ( shortly after the death & murder of the king ) very much mistake , when in their declaration sent into all the parts of the world of the causes and reasons of their erecting a commonwealth , they were pleased to averr ( that which the people of england know how to wonder at , but not to make affidavit of ) that they exceeded all their taxes and assessments laid upon the people . and that if the manage of those antient customes should require some better order to be taken , there may be such a reiglement as may consist with his majesties honor and profit , and the ease and good of his people . or if a tryal and experiment be to be given the people , or those ( who like children will trouble a kinde and tender hearted parent with requests and importunities to give them stones instead of bread and scorpions for fishes ) of the inconveniences of taking away of antient land-marks , and good old lawes and customs , tryed and approved in this nation for more then one thousand years , and a great deal more in others , and the greater and more to be feared inconveniences of excises , losses , and damage to the royal revenue , and committing the tutelage , protection and ordering of the best families of the kingdom and their estates during their minorities to the prey and ill management of those that can get them , and will never so well execute those trusts as the king , who hath not , nor can ( as they ) have any private passions , interests or concernments to carry him out of the waies of justice . and that if such or the like regulations to be added by his majestie or his counsell will not be enough to perswade the people from being pelo's de se , or longing for their own ruines . the act of parliament intended to take away tenures in capite and by knight-service , may be with a reservation of escuage service in warr and homage , without the incidents of wardships , and be but as a probationer to continue untill three years , and the next ensuing parliament after that time expended , which may either continue the act or suffer it to expire . which with other regulations which may be made in separating from the right use any abuses which may be found to have crept into those seminaries of honor , that standing , more noble , and more obliged militia , that legal and antient constitution or the management thereof , and giving if need be some better rules and orders , may preserve unto the king and his successors that great part of his regal jurisdiction and power to defend himself and his people , and to the people that most antient and fundamental law which is attended by many other fundamentals , customes , rights , & usages in relation & affinity to it not to be parted withall , keep us from serò sapiunt phryges , the fate of those that would rather repent bitterly and too late , then yield to those counsels or admonitions which might have prevented it ; and from a worse complaint , by as much as the whole differs from a part , made by monsieur la noüe , that great captain and soldier of france , in the raigns of their francis the first , and our henry the eight , and edward the sixth , of the alienation and decay of the feiffes nobles and arrierebans , by granting them in mortmaine and to roturiers , or men ignoble , wherein he informs us , that francis the first and henry the second ( kings of france ) did do all they could to reduce them to their former order , and was of opinion that barbarians have better observed that policie in government then christians , and that the obligation of those military tenures sont bien estroites , are very binding , et avec lesquelles les roys de france par l'espace de sept cent ans ont faites choses memorables , and wherewith the kings of france have for seven hundred years atchieved great things . that the wings of our eagle may not be clipped , nor the paws of our lyon , which is to defend his kingdoms and people , lamed , lessened , or cut shorter , that the common and poorer sort of people may not ( as they do begin already ) complain that the nobility and gentry have to ease themselves bound heavy burdens upon them , that we may not ( as bodin relates of henry the second king of france ) fall into his mistake , who raising a great taxe upon the people whereby to free them from the ravage and insolencies of the hired soldiers , found it afterwards to be an increase of their grievances . that the people may not do by their fundamental lawes ( which they were but lately much in love with , and called their birth-rights ) as some young prodigals do by their fathers dearly gained lands , sell them for a mess of potage with coloquintida in it , which would be a greater folly then the hungry esau committed ; or as some young gentlemen do , when ( to get or save a little money ) they pull down their ancestors antient , great , and hospitable houses , and sell the timber , lead , and materials thereof , to put themselves in a more speedy way of ruine . that our king ( who in extent of his dominions and the antiquity of his royal blood and descent is superior to the most of kings and inferior to none ) may not be lesse then they in his tenures or the dependency of his people , but be girt with as much power and majestie as his glorious progenitors . that the mighty men and the men of warr may continue , that the ensigne of the people , nor the watchmen upon mount ephraim may not be taken away , that the vintage may not fail and the gatherings not come , that his servants may not ask ▪ where is the corn and the wine and not be known in the streets , but may ( as king solomons ) every man in his course lack nothing , that their children ( as it was of that wisest of kings servants , when nehemiah long after returned with the children of israel from captivity ) may be found in the registers , that the splendor & magnificence of the kings of englands courts ( farr surpassing those of france , spain , the emperors of germany , and all other christian princes ) may not be impaired or diminished , and that our pathes and the glory of our lebanon and excellency of sharon and the foundations of many generations may be restored . — casus cassandra canebat . finis . notes, typically marginal, from the original text notes for div a -e spelmans glossar . . reg. . , . reg . , , . nchem. . . sigonius de repub. athen. lib. . . & . martin : cromerus , lib. . de regno poloniae . bignonius in notis ad lib. . marculfi . rosinus de antiquitat rom. lib. . . . lib. . cap. . ll wisigoth . lib. . tit . . ll ripuar . tit . . cujacius tit . . ad . cod . iustinian tacitus in vita ridley's view of the civil and ecclesiastical law. h. . cap. . reg. . v. . & . sam. . . claus. h. . socage . copy-hold . northern tenant-right . lease-holders . free socage . beraultus in commentar . & spelmans glossar . . & in verb. leta , . trin. . e. . in placit inter abbatem de leicester & abbatem de selby . notes for div a -e escuage . homage . relief . primer seisin . livery . mesne races . marriage . rents . licences to widdows holding in capite by knight service to marry . to compound with copy-holders . fines taken by the court of wards upon the grants of lands in minority . bodin . de repub . coke in praefat . . relat. instructions or directions of king james to be observed in the court of wards . coke . part : institut . . fitz herberts n b. . . e. . cap. . rot. parl. . r. . n. . mat. paris , . la noüe discours politicques . bodin . lib. , de repub. a satyr against brandy. written by jo. hains, as he saith himself. haines, joseph, d. . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). b wing h interim tract supplement guide .m. [ ] ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. b ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books; tract supplement ; a : [ ]) a satyr against brandy. written by jo. hains, as he saith himself. haines, joseph, d. . sheet ( p.). printed for jos. hindmarsh at the black-bull in cornhill, [london] : . verse: "farewell damn'd stygian juice, who dost bewitch ..." place of publication from wing. reproduction of original in the british library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng brandy -- poetry -- early works to . political satire, english -- early works to . great britain -- politics and government -- - -- poetry -- early works to . - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion a satyr against brandy . written by jo. hains , as he saith hims ; elf . farewell damn'd . stygian juice , who dos ; t bewitch from the court baud , down to the country bitch : thou liquid flame , by whom each fiery face lives witthout meat , and blus ; hes without grace : sink to your native hell , and mend the fire , or , if you rather chuse to settle nigher , return to the dull clime from whence you came , where wit and courage may require your flame , where they carouze in your vesuvian bowls , to crust the quagmire of their spunngy souls . had dives for thy scorching moysture cry'd , abr'am in mercy had his suite deny'd : or bonner known thy force , the martyrs blood had siss'd in thee and sav'd the nations wood . essence of embers , scum of melting flint , with all the native sparkles floating in 't . sure the black chymist with the cloven foot all aetna's simples in his ' limbeck put , and double still'd , nay quintessenc'd thy juice , to charcoal mortals for his future use . fire-ship to nature , who do'st doubly wound , for those that graple thee , are burnt and drown'd . as when heav'n pressd th' auxil'arys of hell , a flaming storm on curse'd , sodom fell . and when it 's single plagues could not prevail , egypt was scal't with kindled rain and hail : so natures feuds are reconcil'd in thee , thou two great judgements in epitomy : god's past and future anger breaths in you a deluge and a conflagration too . view yonder sot ( i do not mean sheriff s — ) grilly'd all o're by thee from head to foot : his drowzy eyelids shoard above their pitch , his cheeks with carbuncles and rubies rich ; his soull instead of brains supply'd with cinder , his nose turns all his handkerchifs to tinder : he breaths like a smiths forge , and wets the fire , not to allay the flame , but raise it higher : his trembling hands scarce heave the liquor in , his nerves all crackle in his parchment skin ; his stomack don't concoct , but bake his food ; his liver even vitrisies his blood ; his guts from natures drudgery are freed , and in his bowels salamanders breed he 's grown too hot to think , too dull to laugh , and steps as if he walk'd with pindar's staff. the moving glass-house lightens with his eyes , singes his cloaths and all his marrow fries ; glows for a while , and then in ashes dies . thus like a sham prometheus , we find thou stealest a fire from hell to kill mankind . but hold — lest we the saints dire anger merit , by stinting their auxiliary spirit : we hear of late , whate're wicked think , thou art reform'd and turn'd a godly drink : and doubtless thou' rt con-natural to them , for both thy spirit and theirs abound in phlegm ; ' ere since the publick faith for plate did wimble , and sanctifi'd thy gill with hannah's thimble : thou left'st thy old bad company of vermin , the drunken porters , and the swearing carr-men ; and the lewd drivers of the hackney coaches , and now tak'st up with sage discreet debauches ; thou freely drop'st upon gold chains and fur , and sots of quality thy minions are . no more shalt thou foment an ale-house brawle , but the more sober riots at guild-hall , where , by thy spirits fallible direction , the reprobates stood poling for election . if this trade holds , what will the wicked doe ? the saints sequester ev'n their vices too , for since the art of whoring's grown precise , and perjury hath got demurer eyes ; 't is time , high time to circumcise the gill , and not let drinking be philistian still . go then thou emblem of their torrid zeal , add flame to flame and their stiff tempers neal , 'till they grow ductile to the publick weale . and since the godly have espous'd thy cause , don't fill their heads with libertys and laws , religion , privilege , and lawless charters , mind them of falstaffs heir apparent garters , and keep their outward man from ketches quarters . one caution more ( now we are out of hearing many have died of drinking , some of swearing ; if these two pests should in conjunction meet , the grass wou'd quickly grow in every street : save thou the nation from that double blow , and keep thy fire from salamanca t o. printed for jos . hindmarsh at the black-bull in cornhill , . by the king, a proclamation for preuention and restraint of the abuses and inconueniences occasioned by dying with logwood england and wales. sovereign ( - : james i) approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a stc estc s ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) by the king, a proclamation for preuention and restraint of the abuses and inconueniences occasioned by dying with logwood england and wales. sovereign ( - : james i) james i, king of england, - . sheet ([ ] p.) by robert barker and iohn bill ..., imprinted at london : m.dc.xix [ ] caption title. "giuen at our palace of white-hall, the nine and twentieth day of february, in the seuenteenth yeere of our reigne ..."--p. [ ]. imprint from colophon. reproduction of original in the henry e. huntington library and art gallery. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng logwood. proclamations -- great britain. great britain -- history -- james i, - . great britain -- politics and government -- - . - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion ir diev et mon droit . honi soit qvi mal y pense royal blazon or coat of arms ¶ by the king. ❧ a proclamation for preuention and restraint of the abuses and inconueniences , occasioned by dying with logwood . whereas many good lawes and statutes haue beene heretofore made and established , prohibiting the importation of a certaine false and deceitfull dying stuffe or wood , called logwood or blockewood , which sayde statutes did not produce that good effect that thereby was intended ( the seizing and taking of the sayde wood being wholly neglected ) for that no satisfaction or recompence was by the law offered or allowed to such as employ their paines and endeauour in the discouery and seizure thereof ; whereupon wee for further preuention of the sayd deceipts , haue made seuerall restraints by our letters patents , bookes of rates , and otherwise , thereby to hinder the importation and abuse of the sayd wood ; by which meanes , albeit great quantities of the sayd wood haue beene seized and burnt , yet the said wood is still priuily imported and disposed of , within this our kingdome , to the hurt and preiudice of our subiects : wee , hauing taken these things into our consideration , and out of our princely care , desiring to pursue our former purpose in preuenting whatsoeuer might be hurtfull to our subiects , and on the contrary to giue them reliefe in things vsefull and necessary ; and being informed that the importation and vse thereof for diuers sorts of course stuffes , linnen of all sorts , caddoes , ribband , inckle , tape , cappes , gloues , hattes , leather for poynts , brushes , couers for bookes , saddles , stooles and chaires , and threed of diuers sorts , with many other haberdashery wares , that cannot conueniently be dyed or coloured without logwood or blockwood , by reason of the cheapnesse , and the glosse it giues to such meane commodities , farre better then any other stuffe can doe , is most necessary and not preiudiciall to any of our subiects ; haue thought meete to licence the importation of some competent quantitie of the said wood , to be employed and vsed onely about such needfull vses as aforesaid ; and withall to adde some further prouision for restraint of the immoderate importation of the said wood , tending to the abuse and deceipt of our people : and therefore haue by our letters patents vnder our great seale of england , giuen licence to our welbeloued seruant and subiect sir thomas compton knight , and his assignes , as well to import into this kingdome yeerely the quantitie of fiftie tonnes of logwood , and no more , as to take into his or their hands the moytie of all logwood imported by others , and seized as forfeited , the other part thereof being first burnt ; neuerthelesse vnder these cautions and prouisions following , viz. that there shall not be vttered or sold by him or his assignes , aboue the aforesaid yeerely quantity of fifty tonnes of logwood or blockwood , and to none other vse or vses , then the good and necessary vses before mentioned ; and that hee or they shall not directly or indirectly import any greater quantitie then fiftie tonnes yeerely ; and that the same , with all such logwood as shall be seized and come to his or their hands , shall be registred in the custome-house in london , in our register there kept for forfeitures , with the name of the master of the shippe , and owner of the wood , to the ende that it may be knowen who shall presume to import the same , contrary to our pleasure ; and that as well the wood by him the sayd sir thomas compton , his executors or assignes , to be imported , as otherwise to come to his or their hands vpon seizure , which shall be solde or vented within this realme , shall bee ground and solde in an appointed place in the citie of london , and not elsewhere ; and that vpon such sale , the names and place of abode of all such as shall buy logwood , shall be taken and registred , and for what vse they buy the same ; and that so much of the said logwood as shall come vnto the hands of the said sir thomas compton or his assignes , by importation or otherwise , as shall exceede the quantitie of fiftie tonnes in any one yeere , shall be by him or them shipped foorth of this kingdome , within three moneths after the same shall come to his or their hands or possession : and likewise that the said sir thomas compton or his assignes , shall at all times , being thereunto required , giue notice to whom the same logwood is solde , that enquirie may be made , whether the buyer thereof doe vse the same contrary to the orders prescribed . and the better to encourage such as will employ their endeauour in and about the discouerie and seizure of the said wood , to the end the abuse thereof in dying cloth and woollen commodities may be taken away , and the good vse thereof onely maintained and cherished , it is likewise prouided in the said letters patents , that the saide sir thomas compton , his executors and assignes , shall pay to all such as shall seize any logwood , the summe of sixe pounds per tonne , and so by the hundreth accordingly , so that he that makes the seizure , doe first deliuer the one halfe of such wood to the mayor , bayliffe , or iustice of peace where it shall be seized , to be burnt , and then bring the other halfe to the patentee , or his assignes , with certificate from some of the said officers that the one halfe is burnt , as by our said letters patents more at large appeareth : wee , to the ende all our louing subiects may take notice of our gracious purpose and intention , whereby the same may take better effect for the generall good of this our kingdome , doe by this our proclamation publish and giue notice to all men , whom the premisses shall in any wise concerne , that our expresse will and pleasure is , that all and euery the cautions , prouisions , restraints , and other the premisses aboue-mentioned , be carefully and diligently performed and obserued . and therefore wee doe hereby charge and command all mayors , sheriffes , bayliffes , iustices of peace , customers , comptrollers , searchers , surueyours , waiters , constables , headboroughs , and all other our officers and ministers , not onely to be carefull and diligent in the discouering and punishing of all and singuler offences and offenders in this behalfe , but also to be from time to time aiding and assisting vnto the said sir thomas compton , his executors , administrators and assignes , and to his and their deputie and deputies , and to all other persons which shall finde and seize any of the sayd logwood or blockwood , imported , vsed , or employed contrary to this our will and command . giuen at our palace of white-hall , the nine and twentieth day of february , in the seuenteenth yeere of our reigne of great britaine , france and ireland . god saue the king. ❧ imprinted at london by robert barker , and iohn bill , printers to the kings most excellent maiestie . anno dom. m. d c. xix . several orders of the commons assembled in parliament viz. i. for receiving complaints against such members, their clerks or servants, as have received any bribes. ii. that the members absent, forthwith attend the service of the house. iii. that no person that hath been actual against the parliament, or acted by the commission of array, shall presume to sit in the house. england and wales. parliament. house of commons. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) several orders of the commons assembled in parliament viz. i. for receiving complaints against such members, their clerks or servants, as have received any bribes. ii. that the members absent, forthwith attend the service of the house. iii. that no person that hath been actual against the parliament, or acted by the commission of array, shall presume to sit in the house. england and wales. parliament. house of commons. sheet ([ ] p.) printed for edward husband, printer to the honorable house of commons, london : iune . . the committee appointed to receive complaints of bribery of members is revived, and is to sit to-morrow at p.m. in the star chamber. they have power to inquire into any allegation of bribery or reward -- cf. steele. order to print signed: h: elsynge, cler. parl. d. com. reproduction of the original in the british library. eng england and wales. -- parliament -- early works to . bribery -- england -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no several orders of the commons assembled in parliament; viz. i. for receiving complaints against such members, their clerks or servants, as h england and wales. parliament. a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion several orders of the commons assembled in parliament ; viz. i. for receiving complaints against such members , their clerks or servants , as have received any bribes . ii. that the members absent , forthwith attend the service of the house . iii. that no person that hath been actual against the parliament , or acted by the commission of array , shall presume to sit in the house . die jovis , junii , . ordered ( upon the question ) by the commons assembled in parliament , that the committee formerly appointed for receiving the complaints against such members as shall be complained of to receive any bribes or rewards for any business done in parliament , be revived ; and that they do sit to morrow at two post merid ' in the star-chamber , and so de die in diem : and farther , they are to consider and receive the complaints of all fees , moneys or rewards taken by any servant of any members , or by any clerks or officers , or other persons attending upon or imployed by any of the committees : they have farther power to consider of and enquire into any matter of bribery , corruption , alowance or reward , committed or taken in any business that hath relation to the affairs done or agitated in parliament , or by any of their committees . mr. bulkley , mr. reynolds , sir iohn evelyn of wilts , mr. dove , sir thomas dacres , colonel strode , are added to this committee , and the care of this business is more particularly referred unto mr. bulkley . die sabbathi , junii , . it is this day ordered upon the question by the commons in parliament assembled , that all the members of the house be hereby injoyned forthwith to attend the service of the house , notwithstanding any former or particular leave or order to be absent . it is farther ordered , that this order be forthwith printed ; and that the knights and burgesses of the several counties and places do forthwith send this order to the particular and respective sheriffs , requiring them to give particular notice of this order to the respective members within their several counties . die lunae , primo septembr . . votes of the commons assembled in parliament . ordered ( upon the question ) by the commons assembled in parliament , that no person , that hath been in actual war against this parliament , shal be admitted to sit as a member in this parliament . die jovis , junii , . ordered ( upon the question ) by the commons assembled in parliament , that no person , that hath been in actual war against the parliament , or hath acted by the commission of array , or voluntarily , either directly or indirectly , ayded the king in this war against the parliament , shall presume to sit in this house . resolved , &c. that this vote concerning members , and the former vote concerning members to be elected , of primo septembr . . be forthwith printed together , and sent into the several counties . h : elsynge , cler. parl. d. com. ordered by the commons assembled in parliament , that these orders be forthwith printed and published : h : elsynge , cler. parl. d. com. london , printed for edward husband , printer to the honorable house of commons , iune . . . januarii . his majesties letter to both houses of parliament. england and wales. sovereign ( - : charles i) this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing c thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) . januarii . his majesties letter to both houses of parliament. england and wales. sovereign ( - : charles i) charles i, king of england, - . england and wales. parliament. sheet ([ ] p.) printed for f.c. and t.b., london : . [i.e. ] with engraving of royal seal of charles i at head of document. reproductions of the originals in the british library (thomason tracts), and the bodleian library (early english books). eng england and wales. -- parliament -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no . januarii . his majesties letter to both houses of parliament. england and wales. sovereign a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - john pas sampled and proofread - john pas text and markup reviewed and edited - pfs batch review (qc) and xml conversion . januarii . his majesties letter to both houses of parliament . his majesty perceiving the manifold distractions which now are in this kingdome . which cannot but bring great inconvenience , and mischief to this whole government ; in which , as his majesty is most chiefly interested , so he holds himselfe by many reasons , most obliged to do what in him lyes , for the preventing thereof ; though he might justly expect ( as most proper for the duty of subjects ) that propositions for the remedies of these evils , ought rather to come to him , then from him ; yet his fatherly care of all his people being such , that he will rather lay by any particular respect of his owne dignity , then that any time should be lost , for prevention of these threatning evils , which cannot admit the delayes of the ordinary proceedings in parliament ; doth think fit to make this ensuing propositions to both houses of parliament that they will with all speed fall into a serious consideration of all chose particulars , which they shall hold necessary , as well for the upholding and maintaining of his majesties just and regall authoritie , and for the setling of his revenue ; as for the present and future establishing of their priviledges , the free and quiet enjoying of their estates and fortunes , the liberties of their persons , the securitie of the true religion now professed in the church of england , and the setling of ceremonies in such a manner , as may take away all just offence : which when they shall have digested , and composed into one entire body , that so his majestie and themselves may be able to make the more cleare judgement of them : it shall then appeare by what his majesty shall do , how farre he hath been from intending or designing any of those things , which the too great feares and jealousies of some persons seeme to apprehend : and how ready he will be to equall and exceed the greatest examples of the most indulgent princes in their acts of grace and favour to their people . so that if all these present distractions ( which so apparantly threaten the ruine of this kingdome ) do not ( by the blessing of almighty god ) end in an happy and blessed accommodation , his majesty will then be ready to call heaven and earth , god and man to witnesse , that it hath not failed on his part . london , printed for f. c. and t. b. . to the right honourable, the lord mayor, and common-council of the city of london. peter caponi citizen of florence, sendeth greeting. caponi, peter. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing c a). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing c a estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) to the right honourable, the lord mayor, and common-council of the city of london. peter caponi citizen of florence, sendeth greeting. caponi, peter. sheet ([ ] p.). s.n., [london : ] dated at end: december . . n.b. charles viii of france ( - ) invaded florence in and . reproduction of original in: bodleian library. eng great britain -- politics and government -- - . broadsides -- london (england) -- th century. a r (wing c a). civilwar no to the right honourable, the lord major, and common-council of the city of london. peter caponi citizen of florence, sendeth greeting. [caponi, peter] a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion to the right honourable , the lord major , and common-council of the city of london . peter caponi citizen of florence , sendeth greeting . right honourable , know ye , that when charles the eighth of france entred our city of florence in hostile and triumphant manner , himself and horse arm'd , with his lance upon his thigh , many insolencies being committed by the french , and much argument of quarrel being ministred between them and our citizens , so far forth that the florentines ( to preserve their liberties ) were driven to prepare to fight : and charles propounding intollerable conditions , certain great sums of money , and absolute seigniory over the whole state , as conquer'd by him , who entred the city in armes : i peter caponi , catching these proposals from the kings secretary , and tearing them before his face , bade him sound his trumpets , and we would ring our bells ; which resolute words made charles bethink himself , how dangerous a matter it would be for his army to fight in the streets against the armed multitudes of that city , having advantage of place , provisions , multitude , yea , of women armed with tilestones , that he was glad to accept of conditions , and depart the city . now therefore understanding that your great , glorious , and most populous city of london is invaded ( by no charles ) but by a handful of starved , pitiful , and perfidious red-coats , anabaptists , and quakers , ( which your boyes at foot-ball can kick out of town in an hour ) i cannot but incite you to follow our example , and the dictate of your old britain , forget not your ancestors , remember your posterity . december . . peter caponi , citizen of florence . notes, typically marginal, from the original text notes for div a e- history florence . state-divinity, or, a supplement to the relaps'd apostate wherein is prosecuted the discovery of the present design against the king, the parliament, and the publick peace, in notes upon some late presbyterian pamphlets / by roger l'estrange. l'estrange, roger, sir, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing l estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) state-divinity, or, a supplement to the relaps'd apostate wherein is prosecuted the discovery of the present design against the king, the parliament, and the publick peace, in notes upon some late presbyterian pamphlets / by roger l'estrange. l'estrange, roger, sir, - . l'estrange, roger, sir, - . relaps'd apostate. [ ], , [ ], p. printed for henry brome ..., london : . dedication has separate t.p. and paging. reproduction of original in rutgers university library. "to the right honorable edvvard earl of clarendon ... the humble apology of roger l'estrange" ([ ], p. at end) is lacking on film. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng presbyterianism. church and state -- england. great britain -- politics and government -- - . - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - judith siefring sampled and proofread - judith siefring text and markup reviewed and edited - pfs batch review (qc) and xml conversion state-divinity ; or a supplement to the relaps'd apostate . wherein is prosecuted the discovery of the present design against the king , the parliament , and the publick peace : in notes upon some late presbyterian pamphlets , by roger l'estrange . mon eant vos utriusque fortunae documenta , nè contumaciam cum pernicie , quam obsequium cum securitate malitis ; tacit. hist. lib. . london , printed for henry brome , at the gun in ivy-lane . m. dc . lxi . preface . he that troubles himself , because he cannot please others , doubtlesse wants either brains , or business : he shall live miserable , and dye with an apology betwixt his teeth . i think i am here upon my duty ; and till the king says hold , i 'll follow it , ( to whose authority , i ow my breath , as well as my obedience . ) the presbyterian faction ( under the notion of the commission'd divines ) have of late scattered several libels , reflecting dishonourably upon his sacred majesty , — the church , — parliamentary power , — this parliament in being ; — and in fine , arguing from the justice of the late war , the lawfulness of another . to the first of four , i return'd an answer , under the title of the relaps'd apostate : this supplement , was particularly occasion'd by one of the other three , entitled two papers of proposals to his majesty , wherein their designs upon the publick peace are more avow'd , and open , then in the rest. should these seditious papers pass un-controul'd , 't would make either their party ; or their arguments seem more considerable then they are . i will not foul my paper , with the extravagancies of their rage against me ; but in their intervals , ( that is , when they are as sober , as other people are when they are mad. ) thus they object against my pamphlet ; there 's too much fooling in 't : and too much railing , ( they do well to vilifie what they cannot answer . ) they are to know , that my design was to expose their practices , and arguments to the people ; toward whom , whoever sauces not his earnest with a tang of fooling , misses his marque ; fot 't is not less necessary to make a faction ridiculous , then hateful ; their power is then gone too ; and then they are lost ; whereas they 'd make a shift without the peoples love. for rayling ; i confess i was never taught in the presbyterian-school ; — where they call foul things by fine names . sometimes perhaps i call their combination , ( as the law christen'd it ) treason : — spilling of innocent bloud ; — murther . taking away an honest mans estate , robbery . rifling of churches , sacrilege , &c. — they have indeed a cleanlier idiome for these matters . a treacherous confederacy they call a holy covenant . murther forsooth , is justice upon delinquents . notorious robbery , passes for sequestration . rifling of churches , is but demolishing of the high-places . was the murther of the late king ever the less execrable , because the scaffold was hung with black ? the bloudy reformation ever the less impious , because 't was dress'd up with texts , and covenants ? or judas the less treacherous for doing his business with a kiss ? whether is the greater shame : for them to act these crimes , or for us , to name them ? let no converted , honest presbyterian take this to himself , which is intended only to the guilty . decemb. . . state-divinity : or a supplement to the relaps'd apostate . he that disputes the presbyterian claim , does the question more honour then he does himself : yet for their simple sakes that believe iustice goes always with the cry , and measure reason by the bulk ; the holy discipline has received many a fair confutation . silenc'd it is not ; for though the brethren have nothing to say , they talk on still , and truly to make iohn calvin speak in his grave , were not much harder then to make any of his disciples hold their tongues while they are alive . a man sleeps over their arguments , they are so flat , and spiritlesse ; and i 'm scarce well awake yet , since my last answer to them , so that till i hear something back again , i hold my self discharg'd even upon that account , from any further search into the controversie . in truth , as the case stands , to controvert their government , were to begin at the wrong end ; we 'll take a nearer cut , and challenge them , first , as criminals against the state : when they have avoided that charge , we 'll deal with them again upon the point of conscience . their charge shall be plain and short. they invade the kings authority : — the setled law : — and the power of parliaments . they affront the parliament now sitting : — threaten the publique peace : iustifie the rebellion of . and provoke another . — here 't is , in brief , and we 'll run it over in as good order as we can . first , they invade the kings authority . they indict fasts ; — disclaim the soveraign power in things indifferent ; and without warrant or pretence , they vilifie , and cast out the establish'd form of the church , and make another : but this they 'll tell ye is the language of the sons of scandal : we 'll strike it off the score then ; and try the babes of grace by a iury of the holy tribe . they can but ask to be both parties and iudges , and that we 'll grant them . the able teachers shall sit upon the faithful pastors : — r. shall try b. — e. c. — t. m. — w. i. hear now the words of the reformed and reforming crew , to his sacred majesty . [ a ] whether the covenant were lawfully imposed or not . [ b ] we are assured from the nature of a vow to god , and from the case of saul , zedekiah , and others , that it would be a terrible thing of us to violate it on that pretence . [ c ] though we are far from thinking that it obligeth us to any evil , or to go beyond our places and callings to do good , much less to resist authority ( to which it doth oblige us ) yet doth it undoubtedly bind us to forbear our own consent to those luxuriances of church-government which we there renounced , and for which no divine institution can be pretended . [ d ] not presuming to meddle with the consciences of those many of the nobility and gentry , and others , that adhered to his late majesty in the late unhappy wars , who at their composition took this vow and covenant . we only crave your majesties clemency to our selves and others , who believe themselves to be under its obligations . and god forbid that we that are the ministers of the word of truth should do any thing to encourage your majesties subjects to cast off the conscience of an oath . [ e ] till the covenant was decried as an almanack out of date , and its obligation taken to be null , that odious fact could never have been perpetrated against your royal father , nor your majesty have been so long expulsed from your dominions . and the obligation of the covenant upon the consciences of the nation , was not the weakest instrument of your return . [ f ] we therefore humbly beseech your majesty ( with greater importunity than we think we should do for our lives ) that you would have mercy on the souls and consciences of your people , and will not suffer us to be tempted to the violation of such solemn vows , and this for nothing , when an expedient is before you that will avoid it , without any detriment to the church ; nay , to its honour and advancement . the very ink , is but the soul of presbytery , distill'd : and tinctur'd with the spirit of fraud , and disobedience . we 'll taste it , drop , by drop . [ a ] vvhether the covenant were lawfully imposed , or not , &c. note i. a doubtful point indeed : — a very pretty , and a pleasant question left unresolv'd , when by an act of this sitting parliament the institution's damn'd , and the final decision of the case committed to the common hangman . well : forward . [ b ] vve are assur'd from the nature of a vow to god ; and from the case of saul , zedekiah , and others , that it would be a terrible thing to us to violate it on that pretence . ] note ii. marque now the miserable shift these people make ; how ignorant they are even in their own trade : for , art there is in dawbing . they must not violate the covenant , upon protence of vnlawful institution . ] the question is not here ; the lawfulness , or vnlawfulness of the power imposing ; but the liberty of the party swearing , as to the drift , and subject of the oath . suppose the enforcers of the covenant , had press'd a general oath upon the nation obliging every man only to wash his hands before he went to dinner . the imposition had been vnlawful : — as the act of an vsurping power . the taking of it had been unlawful likewise , as , in some measure , an allowance of that usurpation : — yet having sworn to do a thing , at my own choyce to do , or let alone , till i had bound my self to do it , that oath 's obliging ; yet not so binding , but by a subsequent command from the supreme , and legal magistrate that obligation may be cancell'd . the reason's this. i cannot dispose of anothers right ; of my own i may . my oath cannot operate beyond my power , and freedom ; so far as i am free , it binds me , but where my superiour thinks fit to determine that freedom , the bond ceases . parentes ( says amesius ) mariti , domini , principes , irrita pronunciare possunt , vel iuramenta , vel vota , à filiis , vxoribus , servis , subditis facta , sine ipsorum consensu , in iis rebus , quae ipsorum potestati subiiciuntur . ] fathers , husbands , masters , and princes , may disengage their children , wives , servants , and subjects , from what oaths or vowes-soever contracted without their consent , touching matters subjected to their authority . now to their cases of saul , and zedekiah : the former whereof is of so wilde an application , i know not what they drive at in it ; the other i confess is a little more perspicuously beside the purpose . in our case , the people enter into a covenant , without , and against the king ; what passage in the story of saul our reformers intend for a match to this , i cannot imagine . saul binds the people by an oath to fast till evening ; ( sam. . . ) ionathan knowing nothing of the oath tasts a little hony ( v. . ) saul for this resolves to put ionathan to death ; ( v. . ) and the people rescue him . what 's this to us ? wee 'll try again . ionathan and david made a covenant : sam. . . ( no scotch covenant i hope ) the business was this ; david had newly kill'd the philistim , and ionathan transported with the bravery of the person , and the action , strikes a league of friendship with him . davids victory being celebrated in a popular and triumphal song , that [ saul had slain his thousand , and david his ten thousand ] from that day forward ( says the text ) saul had an eye upon david . sam. . . ] ionathan acquaints david with his fathers evil purpose , david minds ionathan of his covenant of friendship . ( sam. . . ) and in the . verse of the same chapter , the covenant is explayn'd . [ ionathan said to david , go in peace : that which we have sworn both of us in the name of the lord , ( saying , the lord be between thee and me , and between thy seed , and my seed ; ) lot it stand for ever . ] thus far , there 's no proportion ; the one is a personal covenant , extending onely to matter of kindness ; the other is a publique league , of opposition , and of violence . since this is nothing to our business , it must be that which follows , or nothing at all : now see the sequele ; which , if any thing , makes the case worse . david flees ( chap. . ) and a malecontented party gathers to him . saul hunts him ; ionathan finds him in the wood , and comforts him , saying fear not , for the hand of saul my father shall not find thee . ( here 's no resistance . ) so they twain made a covenant before the lord &c. ] during the league betwixt this pair of noble friends , david asks counsel of the lord in all his publique actions ; [ shall i go and smite the philistins ? ] ( chapt. . verse . ) and the lord answer'd david , go and smite the philistines , and save keilah . ] david discomfits the philistines , and saves keilah : saul marches towards him , david again applies himself to god to know if the men of keilah would deliver him up or no ? it was returned , they would . so david fled , and afterward had saul twice at his mercy , whom as the lords anointed , he still feared to touch . i have here trac'd the story at length , and now let the reformers chuse what use they 'll make of it . this part of scripture has been often tortur'd in favour of the late rebellion , but for the covenant , they might as well have quoted an indenture ; so that either the reformers business is to justifie the quarrel , or to abuse the bible . concerning the case of zedekiah , take it in short . ierusalem was taken by the king of babel , and zedekiah carried away prisoner , his eyes being first put out by nebuchadnezzar . zedekiah rebelled ( says the text ) against the king of babel , ( kings . . ) who made him king in the stead of iehojakim , his vncle , who was carried away in captivity from jerusalem , to babel . the provocations to that iudgement are found at large in the prophet ieremiah , to be these ; idolatry , rebellion , and breach of covenant : but breach of covenant is the question , and zedekiah's the case . agreed . . thus saith the lord , the god of israel , i made a covenant with your fathers in the day that i brought them forth out of the land of aegypt , out of the house of bondmen , saying ; . at the end of seven years , let ye go every man his brother , an hebrew , which hath been sold unto thee ; and when he hath served thee six years , thou shalt let him go free from thee : but your fathers harkened not unto me , neither inclined their ear . . and ye were now turned , and had done right in my sight , in proclaiming liberty every man to his neighbour , and ye had made a covenant before me in the house which is called by my name . . but ye turned and polluted my name , and caused every man his servant , and every man his handmaid , whom ye had set at liberty at their pleasure , to return , and brought them into subjection , to be unto you for servants , and for handmaids . . therefore thus saith the lord , ye have not harkened unto me , in proclaiming liberty every one to his brother , &c. — . and zedekiah king of judah , and his princes will i give into the hand of their enemies , and into the hand of them that seek their life , and into the hand of the king of babylons army . now here 's the case : god having made a covenant with the israelites , king zedekiah makes a covenant with the people , for the performance of that covenant . breach of faith was the sin that drew on their grievous punishment . can our covenanters now shew us a text for the scottish discipline ? or that the late king entred into covenant with the people to observe it ? can our iudaising brethren shew us but a levitical law yet for our money ? or dare they but pretend , that the iurors understood what they swore to do ? in short , here 's the difference , they covenanted to observe a levitical constitution , and ours covenanted to destroy the fifth commandement . there is another covenant mention'd in the prophet ezekiel , which is much fitter for their case : the covenant of the rebellious house , that after oath and covenant of allegiance to the king of babel , rebelled , and sent embassadors into aegypt , ( scotland i had like to have said ) that they might give him ( zedekiah ) horses , and much people , &c. ] that blessed combination , and our covenant are of a family . i have been large upon these precedents ; to shew how grosly they abuse the very word of god : and truly 't is no wonder , for those people to discover antichrist in a ceremony , that can draw arguments for rebellion out of the bible . they proceed . [ c ] though we are far from thinking that it obligeth us to any evil , or to go beyond our places and callings to do good , much less to resist authority ( to which it doth oblige us ) yet doth it undoubtedly bind us to forbear our own consent to those luxuriances of church-government , which we there renounced , and for which no divine institution can be pretended . ] note . iii. these words would have look'd better from a pagan oracle , then from a gospel-ministry . let any man either say what they can mean , but mischief ; or name that mischief which ( for ought we know ) they may not intend . what was that covenant which these people so much reverence , even in the infamous ashes , but an oath of anti-canonical obedience , and of anti-monarchical allegiance ? a religious abjuration of the king and the church . — a perjury , consecrated in the pulpit ; — a league asserted by bloudy hands , and fire and sword were their best arguments . in summe ; what that covenant produc'd . these men intend : they own as much , and 't were ill manners to contradict them . nay they adore the very reliques of the martyr'd idol . they will not go beyond their places , and callings . ] so said the solemn fopp it self : and under that pretext , pray'ye how far went they ? for they profess so far they 'll go again . a thorough reformation is their business then . that is to say , could they but pack a presbyterian house of commons ( which the sovereign people should call a parliament ) to reform the state , they 'd undertake the ordering of the church themselves , and there 's the thorough-reformation . if this be not a justification of the last rebellion , and a fair step toward another , i understand not english. they say the covenant does not oblige them to any evil . ] but in the covenant-sense that 's good , which in a legal , and common sense is evil . make them the judges once again , and they shall think another war as lawful , as they did the former . they will not resist authority neither . ] ( they say ) so they told us of old , but they misplac'd it shrewdly . 't is but taking his majesties authority into the faction , and throwing his person into a prison again , and that flaw is made up too . now if a man had lilly's devil ; — for none but a presbyterian familiar is able to help us out . — much less to resist authority , ( to which it doth oblige us , &c. ) the question here , is how to understand the parenthesis : whether they mean that the covenant obliges them to authority , or to resist it , i am a traytor if i comprehend them . we come now , to the binding part of the covenant . they must not consent ( say they ) to those luxuriances of church-government which they there , renounc'd , &c. ] if they must not consent , may they not let them alone ? no , no , they 'll tell us , 't is their calling to reform them . i demand , will they consent to the civil government , then ? if they do that ; the law provides a punishment for such medling reformers , and 't is in vain to think of setling presbytery , before they have ( effectually ) destroy'd monarchy . but these gentlemen know the way to confusion , without a guide . by their [ luxuriances ] they understand , prelates , and all appendents to the hierarchy . these they have renounc'd , they say , and by their covenant they are still obliged to make good their disclaim . this boldness requires rather the severity of the law , then dint of argument : 'to preferr a schismatical league to an act of parliament : — the skumm of the people to the supreme authority of the nation . let the gravest of their galloping lecturers answer me onely to this one question , where lies the last appeal ; according to the constitution of england ? if in the king ; ( as what honest man doubts it ) they are iudg'd already , let them be quiet . if in the parliament , they are over-rul'd there too ; — the covenant's gone . if in the people , why do they contradict themselves , and petition his majesty ? if in the presbyterian pastors ; why do they supplicate the bishops ? as to the point of divine institution , 't is worn thrid-bare . but where 's the divine institution of a white-cap under a black ! of a cloak in a pulpit ? of reviling bishops ? and speaking evil of dignities : of the heart-breaking humm's and haws , and the doleful tunes they teach in ? their next period is a bobb to the cavaliers : let the brethren make their best on 't . [ d ] not presuming to meddle with the consciences of those many of the nobility , and gentry , and others , that adhered to his late majesty in the late unhappy wars : who at their camposition took the vow and covenant . we only crave your majesties clemency to our selves and others , who believe themselves to be under its obligations . and god forbid that we that are the ministers of the word of truth should do any thing to encourage your majesties subjects to cast off the conscience of an oath . ] note . iv. marque the transcendent confidence , and weakness of these people . they will not meddle with the cavaliers consciences , that took the covenant . ] did they not meddle with them neither to make them take it ? they put them to this choyce , either to swear , or sterve ; and in that desperate extremity , divers submited to their accursed covenant . 't is true they did , and they are bound to a repentance for 't . but what 's the portion then of those impenitents that were the barbarous enforcers of it ? were lucifer himself incarnate , and a subject , would he not blush to treat his sovereign with their arguments ? observe . they mind the king how bloodily they used his friends by the obligation of that covenant , by which they likewise ruin'd his royal father : and in the same breath , they desire his majesty to believe that all was matter of conscience : they plead , the covenant's not discharg'd ; and in effect they fairly tell their gracious sovereign , that they are oblig'd to do now as they did before . now see the weakness of these people ; while they begg this , they stir the strongest provocation , and most unanswerable reason to deny it . they labour to involve all in an equal guilt , and to confound the lewdest villenies in nature , with common frailties . but here , a word to all sorts of people that ever took their covenant . some knew not what they did , and were to blame to swear they knew not what . let those of that from ask themselves , if ever they intended by that vow , to raise a war against the king , and overturn the church . they are now free , and pardon'd , and if they are not mad , they 'll say their prayers , and be quiet . such as engag'd through faction , malice , or ambition ; i have little to say to their consciences . methinks , if the kings mercy cannot make them honest , experience should make them wise : but they are dangerous people to deal with , we 'll to the next . a third sort there is , that to save their stakes , sate still , and look'd on . those cannot but abhor the very thought of repeating what they did , and suffered : especially in agreement with these persons , that now declare the covenant against the late king , to be binding against this . ( for that 's the logique on 't . ) there are a fourth sort , that having engaged their lives and estates in the king's service , sank by the fortune of the warre , and being left a naked prey to an insulting and merciless enemy , were forc'd to sad conditions for their bread , and families . now in requital for the plagues they have brought upon us already ; they are soliciting for leave to make us yet more miserable , and to have us declared for villains by an allowance of their treasons : a thing impossible for so generous a prince , to grant , but wondrous easie for so imperious a faction to demand . and who are the petitioners all this while , but most of them the old stagers ? a man would think 't were time now , for their reverences to give over their jugling divinity ; — their quailpiping in a pulpit to catch silly women ; — and fall at last to their prayers in earnest . but god forbid ( they cry ) that the ministers of the word of truth , should do any thing to encourage his majesties subjects to cast off the conscience of an oath . ] let the heads that are gone blush for those they have left behind them . the conscience of an oath , do they say ? let the three nations rise against them ; and tell how many hundred thousand persons these hypocrites have forc't to swear against their profess'd consciences . but drive it homer yet . this is to say , that all that acted in the late war according to the covenant , are bound to do the same things over again . there is a huge deal of folly in this assertion , and as it seems to me , a spice of treason . does it not encourage the people to adhore to a rebellious princple ? there is ( says the lord st. albans ) a thing in an indictment , called an inuvendo , you must take head how you becken , or make signs upon the king in a dangerous sense . ] this is a shrew'd beacken as i take it , to excite a tumult to justifie a rebellious vow , and oppose a pedantique libell to an act of parliament . [ e ] till the covenant was decryed as an almanack out of date , and its obligation taken to be null , that odious fact could never have been perpetrated against your royal father , nor your majesty have been so long expulsed from your dominions . and the obligation of the covenant upon the consciences of the nation , was not the weakest instrument of your return . ] note . v. that odious fact they speak of , was the kings murther ; which they that shot at him , were not less guilty of , then that monster , that sever'd his sacred head from his body . 't is the consent that makes the sin ; hitting or missing does not one jote after the quality of the action . but has any man the face to mention loyalty , and the covenant , in the same day ? the marquis of montross was murther'd , expresly for his loyalty to the king as a desertour of the covenant , and by a publique ordinance 't was made death for any man to serve his majesty having first taken the covenant . they that first voted war against the king , were every whit as criminal , as that mock-court of iustice that condemn'd him . in fine , the independents murther'd charles stuart but the presbyterians kill'd the king . what is a prince without his negative voice ? the power of life and death , and the militia ? that is , what is a king , without the essentials of royalty ; but a mere name , and property ? but till the covenant was decry'd , as an old almanack , and the obligation taken for null , we are to take for granted , all went well ; and so far our reformers plead the covenant binding still . was not the last king persecuted , dethron'd , robb'd , &c. — according to the covenant ? so by the consequence of the reformers doctrine , may this king be treated likewise . nor had his majesty been so long expulsed , they say . ] go to then ; let these gentlemen produce ( from first to last of the quarrel ) any proposals from the presbyterian party ( in power ) either to his majesty , or his late blessed father , that are not worse then banishment . and for the covenants bringing in the king : — they hung it up , and ●●ew'd his name in 't , to gull the people with it , as they had done before . did they not after this , exclude both from the next convention , and the militia , all the kings actual adherents , and their sons , to get the power once more into the hands of their own faction ? but the next choyce prov'd other then they expected , and when they saw they could not hinder his majesty , they seem'd to help him . these are distastful stories , but 't is the pleasure of the reforming faction to move the dispute ; and by a needess challenge , and appeal , to affront the law , the king , and all that serv'd him , in opposition to their covenant . if they are in the right , ( as they proclaim they are ) then consequently wee are traytors , and our gracious master is no king. i do but take up the defensive , and i hope a cavalier may say hee 's honest yet , though some will have it dangerous to say hee 's poor : reserving still a true respect , and kindness for all such presbyterians as love his majesty , whom i consider as select persons , and distinguished from the notion of the party . it were a good deed now to give the world a tast of a covenanting spirit : and truly i 'll venture at it . he is a rabbi too i assure ye ; one that gives bishops , ceremonies , and common-prayer no quarter ; no , nor his majesty neither , but that he has the grace ( as sir francis bacon says ) to speak seditious matter in parables , or by tropes , or examples . ] in fine , the gentleman is a reformer , of the first rank . upon sept. . . he preached before the parliament , ( as they call'd it ) upon this text : [ kiss the son , left he be angry ] pag. . you may find these words , if you can find him , and if you cannot , i can . worthy patriots , you that are our rulers in this parliament , 't is often said , we live in times wherein we may be as good as we please : wherein we enjoy in purity and plenty the ordinances of iesus christ. praysed be god for this , even that god who hath delivered us from the imposition of prelatical innovations , altar-genuflections and cringings , with crossings , and all that popish trash and trumpery . and truly ( i speak no more then what i have often thought & said ) the removal of those insupportable burdens countervails for the blood and treasure shed and spent in these late distractions . ( nor did i as yet ever hear of any godly men that desired , were it possible , to purchase their friends or money again , at so dear a rate , as with the return of these , to have those soul-burdning , antichristian yokes re-imposed upon us : and if any such there be , i am sure that desire is no part of their godliness , and i professe my self in that to be none of the number . the odious fact ( they talk of ) was already perpetrated , yet does this gentleman professe , that to redeem the life of our martyr'd sovereign , and gather up again all the christian bloud had been spilt , ( if it were possible ) he would not do it , to have prelates , and ceremonies where they were again . here 's covenant-divinity for you : the gospel of our new evangelists : and this divine is now one of the eminent sticklers against bishops . if any man say 't was conscience , i could tell him a tale of a certain petition : but wee 'll scatter no words . while my hand 's in , take one more ; a publique preacher now in the town too , and a troubler of the church-government . upon novemb. . . he preach'd before the commons , and press'd the murther of his sacred majest in these words . think not to save your selves by an unrighteous saving of them ; who are the lords and the peoples known enemies . you may not imagine to obtain the favour of those against whom you will not do iustice ; for certainly , if ye act not like gods in this particular , against men truly obnoxious to iustice , they will be like devils against you . observe that place , kings . . compared with chap. . it is said in chap. . that the king of syria came against israel , and by the mighty power of god , he and his army were overthrown , and the king was taken prisoner . now the mind of god was ( which he then discovered onely by that present providence ) that justice should have been executed upon him , but it was not ; whereupon , the prophet comes with ashes upon his face , and waited for the king of israel in the way where he should return ; and as the king passed by , he cryed unto him , thus saith the lord , because thou hast let go a man whom i appointed for destruction , therefore thy life shall go for his life . now see how the king of syria , after this , answers ahab's love : about three years after israel and syria engage in a new war , and the king of syria , gives command unto his souldiers , that they should fight neither against small nor great , but against the king of israel . benhadads life was once in ahabs hand , and he ventured gods displeasure to let him go : but see how benhadad rewards him for it , fight neither against small nor great , but against the king of israel . honourable and worthy , if god do not lead you to do iustice upon those that have been the great actors in shedding innocent bloud , never think to gain their love by sparing of them ; for they will , if opportunity be ever offered , return again upon you ; and then they will not fight against the poor and mean ones , but against those that have been the fountain of that authority and power whih have been improved against them . it is no wonder to find rebellion in a nation where murther and treason are the dictates of the pulpit : — where surplices are scandals , and such discourses , none ; and where the kings murtherers passe for gods ministers . i know how close this freedom sticks to some that have a power to do me mischief ; and i forecast the worst that can befall me for it : wherefore , whatever it be , i 'm not surpriz'd , for i expect it . but to proceed . [ f ] we therefore humbly beseech your majesty ( with greater importunity then we think we should do for our lives ) that you would have mercy on the souls and consciences of your people , and will not suffer us to be tempted to the violation of such solemn vows , and this for nothing , when an expedient is before you that will avoid it , without any detriment to the church ; nay , to its honour and advancement . note . vi. observe here . or . bold , and bloudy intimations . first ; that the souls and consciences of the people lye at stake . next ; that the king's denial were great cruelty : especially considering the smalness of the thing they ask ; the honour and advantage of what they offer . thirdly ; the obligation of their solemn vow . to the first ; we have elsewhere difcussed the point of conscience , but we are here to note how this suggestion tends to tumult and sedition . the sense it bears to the people , is this : stick to your covenant , or , be damned : but in the sense of conscience , law , and reason ; it sounds the contrary : — stick to your covenant , and be damned . by what law were the people freed from their allegiance , and made the iudges , and reformers of the government ? well ; but they have sworn to do it , and they must keep their oath . ] put case they had sworn to fire the city . at this rate 't is but swearing first , and then pretend a conscience of the oath , to carry any thing . the second intimation subjects the piety , and good nature of his majesty to a question ; as who should say ; what ? will the king destroy so many thousand souls of his poor people for a matter of nothing ? marque now their matter of nothing . it cost the late kings life ; the best bloud in the nation ; the ruine of church and state : a long rebellion ; — and treasure not to be compted . ( this they make nothing of ) and for the honour they propose to the church ; 't is but a back-look , and we find it . now to the obligation of their covenant . that which the law makes treason , they make conscience ; and in effect they urge , that they are bound to a rebellion : for 't is no lesse to attempt what they have sworn to do : which is to repeat what they have already done . but what they are bound to by the covenant , will from the letter of the covenant best appear . where , in the second branch , they swear , without respect of persons , to endeavour the extirpation of popery , prelacy , superstition , &c. so that the king himself is not excepted , if standing in the way betwixt those matters which they call luxuriances of church-government , and their pretended reformation . to make it yet more evident , that their design is factious ; they ask — that the youth of the nation may have just liberty as well as the elder . if they be engaged in the universities , and their liberties there cut off in their beginning , they cannot afterwards be free , &c. note vii . to see the providence of these good mens consciences ! their care extends as well to those that never took the covenant , and looks still forward , to the scruples of the yet unborn . what work this motly would soon make in the universities , let any sober man imagine : when every stubborn , and vntutor'd boy shall have the freedome to controul , and over-rule the orders of his mother . the streams must needs be foul that flow from a corrupted fountain . just such another project was that of the long house of commons ; — i mean their offer of freedome to all prentices that would leave their trades , and serve the ( pretended ) parliament . that liberty may start a faction , but hardly settle a religion . what publick peace can be expected ; when the schools of vnity and order are become a nurcery of schisme ? but these are men will take no nay ; for if his majesty denies them , marque the end on 't . should we lose the opportunity of our desired reconciliation and union , it astonisheth us to foresee what doleful effects our divisions would produce , which we will not so much as mention in particular , lest our words should be misunderstood . and seeing all this may be safely and easily prevented , we humbly beseech the lord in mercy to vouchsafe to your majesty , an heart to discern aright of time and iudgement . ] note . viii . blesse us from a gun ! should we lose the opportunity ? and then their prayer at last ; that his majesty may [ discern aright of time , &c. ] certainly these folks would have said to the king — [ while it is called to day harden not your heart ] but that 't is common-prayer . or do they dream themselves at work again with the poor cavaliers ? and mean , that if his majesty come not in by such a time , he is not to be admitted to his composition ? are these the men of reverence that must teach us maners toward god almighty , and are yet to learn it themselves towards his vicegerent ? he that makes any thing form the collation , of [ opportunity , ] and [ time , ] but a cautionary menace ; — let him lend me his spectacles . but the coherence cleers it , should we lose ( say they ) the opportunity of our desired reconciliation , and union . ] must it be now , or never then ? and their own way , or none ? is it not reconciliation , if they return to the church ? and vnity if they agree with it ? a child runs from his mother , and cries they are fall'n out . they cannot comply with ceremonies : — nor the church with schisme . well ; but put the case they lose this opportunity , then forsooth [ it astonishes us ( they say ) to foresee what doleful effects our divisions would produce . ] just so did peters foresee the death of the late king : — iudas ; the betraying of our saviour ; and so did i my self foresee the printing of this paper , just as these gentlemen foresee confusion ; or as men commonly foresee eating when they are hungry . if the foresight ( indeed ) astonishes them ; the prospect cannot but be dreadful : for onely hell transcends those horrours which these bold men have beheld with pleasure ; and in good truth , that may be it : for he that has murther , and rebellion at his back , does commonly phansy fire and brimstone before him . these holy , and fastidious scrupulists ; — these same spiritual surgeons , that live by dressing wounds of their own making ; — must understand , we have some skill in probing of a conscience , too . if they are mortify'd throughout , that 's not our fault ; but if they have any feeling left , wee 'll quicken it . now leaving them to their astonishments , wee 'll to the foreseen product of our divisions , [ doleful effects , ] they say . they prophet ionas his [ yes within forty days — ] had scarce a sadder sound . it may be any thing : — war , another covenant ; famine , sequestration ; truce-breaking , decimation : in fine , any thing , and now at last we are left in the dark to grope it out . doleful effects ; ( they say ) which we will not so much as mention in particular , lest our words should be misunderstood . these good men are wonderfully put to 't for want of expression ; the thing would imply mutiny , and they are afraid it should be taken for treason . no honest apprehension could in their case be dangerous . what hazzard of mis-construction were it , to mention any trouble of mind imaginable ? but if it tends to mischief of action , that may prove perilous indeed . more gunning , beyond controversie , and their sagacities smell the pouder . the people will rebell they think ; that 's english , and the truth they are loth to speak . to lay their souls as naked now as their bodies came into the world , i shall here prove , ( or i deceive my self ) that these people are the betrayers of the publique peace : aud of the office of their ministry . if they fore-see any seditious consequence likely to arise from his majesties refusal : why do they not rather in private supplicate the king to grant , and in publique , charme the people to submit ; then so to plead , and iustifie the disagreement to the king , that their arguments , and importunities may be overheard by the people ? they first and openly avow the popular cause , and shake the head then at the danger of it : giving a double encouragement to the multitude , as well from the equity of the matter , as from the strength of the party . upon the whole , what are their libellous , and creeping night-works , but poysonous calumnies against the king ; and mean , incensing flatteries toward the people ? or in a word , sneaking complaints , as if his sacred majesty would not grant , what with conseience , honour , and safety he cannot deny ? whereas the sun 's not clearer , then the pure contrary . for ; the king denies them nothing , but what with conscience , honour , and safety , he cannot grant . they demand presbytery , that is ; the confused exercise of it , and liberty to the minister of praying at pleasure : which being admitted , makes divine service but a spiritual scuffle ; the one half of the congregation praying for that which the other curses . against this proposition , his majesty stands engaged by oath , honour , and iudgement : being perswaded in his reason , and obliged by the other two. they pretend next , the continuing virtue of their covenant ; ( which never had any ) wherein his majesty can hardly gratify them , without blasting the glory of his blessed fathers memory : the iustice of his cause , and without shaking the foundation of his imperial title . their reasons , i have un-reason'd already , and when the nameless divines of the church invisible , shall vouchsafe their answer , i shall dispose my self to receive it . but nothing can be pleasanter then to hear them talk of their cousins the people . ( by britannicus his leave ) alas ! their sowrness of discipline , and the peoples freedome of constitution are fire and water . the people may endure to hear them talk of liberty , but the exercise of their tyranny is intolerable . to have every parish haunted with a phantome ; — every church turned into a house of correction ; — and one man excommunicated for a walk upon the lords-day , while another is canoniz'd for a murther . i do not plead for impunity of sinners , but for a pious differencing of matters disputable from crying sins : for impartiality in the pulpit , and charity to all men : — for preaching damnation to those that resist , as well as caution to those that are to obey . the expedient to prevent these mischiefs , is a synodical government ; wherein they beseech the lord in mercy to vouchsafe to his majesty an heart to discern aright of time , and judgement . ] this is , in plainer termes ; to tell the king , that 't is his best course to make use of a seasonable offer . let this suffice for their proposals . some three or four days after the publishing of these above-mention'd proposals , out comes a single sheet , in form of a petition to his majesty , from the commissioned ministers . 't is likely that this was drawn from them by a general rumour then current , of a severe declaration already in the press against their other pamphlets : for having so notoriously overshot themselves in the rest , they mend the matter in this , by giving the same thing a fairer dress . [ a ] if we should sin against god ( say they ) because wee are commanded , who shall answer for us , or save us from his iustice ? and we humbly crave , that it may be no just gravamen of our dissent , that thereby we suppose superiours may erre , seeing it is but supposing them to be men not yet in heaven . ] and again , [ b ] we know that conscientious men will not consent to the practice of things in their iudgement vnlawful , &c. ] note ix . [ a ] saint augustine resolves this point exceeding well ; reum regem facit ( says he ) iniquitas imperandi , innocentem subditum ordo serviendi ] let the governour accompt for an unjust command , but the order of obedience saves the subject harmless . this must be understood of matters not simply wicked . where we doubt , on the one hand , and are sure on the other , beyond question , the surest side is best . we are sure that we are to obey , if the thing be not vnlawful , and we are not sure that the thing is unlawful . i must but touch upon this ; if the government offend some particular persons , 't is hard they cannot agree , but let those particulars march off : for they offend the government ▪ and it is better , that some suffer by an imposition , then all by a rebellion . they offer to dispute ; and then they pass for mighty men with the people . but what 's the question ? onely forsooth , whether i think this , or that lawful : and if i say , i do , it is so ; and no matter what the law says to the contrary . what i believe , binds me ; and every man being free to pretend what belief he pleases , every man's private humour becomes a law. they argue , thar superiours may erre . they may so ; but theit errours are no forfeiture of their superiority . cannot inferiours erre too ? so that their own claim brings the issue of this strife but to a drawn battle . when subjects question the proceedings of their governours ; they do not so much tax their mistakes , as vsurp their authority ; and for some slip perhaps in the exercise of government destroy the order of it . [ b ] we know that conscientious men will not consent , &c. ] they borrow here , the apostles rhetorique . [ king agrippa believest thou the prophets ? i know that thou believest . ] they seem to take for granted , what they are now endeavouring to perswade them to . these are but hints to the common-people , to say their consciences cannot submit to the law , and then there 's a party made against the king. soon after the publishing of their petition for peace , came forth a pretended accompt of all the proceedings betwixt the commissioned divines concerning the liturgy . not to insist upon the weakness of their reasoning , i shall onely produce one mistake of memory , ( i had like to have given it a worse name . ) the bishops urge , that [ while the liturgy was duly observ'd , we liv'd in peace , since that was laid aside ] — the contrary . now bless the modesty of the replicants . but really hath liberty to forbear , produced such divisions as you mention ? the licence , or connivence that was granted to haeretiques , apostates , and foul-mouth'd raylers against the scripture , ministry , and all god's ordinances indeed bred confusions in the land. note x. vvould not this scandalous recltal of their old forgeries against the government : — this re-charge of our late gratious soveraign : and imputation of the late war to the king's party , ( for there their malice fixes it ) make a man lay the very roots of the rebellion naked ; and trace the project up to the very dore of the reforming conclave ? nota magis nulli domus est sua , quam mihi , &c. do not we know the scotch cabale , and the confederate english ; the pack that hunted the earl of strafford ? yes , and the beagles too , that bayted the arch-bishop . [ but really , hath liberty to forbear produced such divisions ? &c. ] goodly , goodly ! your reverences are gamesome : yes , really it has . are not knaves and fools the greater part of the world ? and in the state of freedome , they require , those are the men we make our governours . without this liberty of freedome , where had been their separate assemblies ? their seditious conventicles ; their anti-episcopal lectures , and without these , their desolating reformation ? were we not in the high-way to vnity , when churches were turn'd into stables , and houses of infamy supplyed the place of churches ? when peters was fooling in one pulpit , marshall denouncing in another : and when the now-pastor of brainford threw the very fire-brand of the rebellion into the kings coach ; that execrable pamphlet , [ to your tents o israe 〈…〉 but the reformers assign our breaches to another cause . [ the licence or connivence that was granted to haeretiques , apostates &c. — ] when will these mens mouths be sweet again , after so foul a calumny ? nay more ; the very crimes they charge upon the government , in a high measure , they themselves were guilty of . liberty of conscience was their first clamour , a notion which included all sects and heresies imaginable , whereof , great use was made against the king. but notwithstanding the prodigious , and blasphemous opinions , then rise , and crying , both in their conventieles and pulpits ; all passed for gospel in the godly party : for unity in the war was their business , not vnity in religion : and it was safer to deny the trinity , then to refuse the covenant . the bare rehearsal of their monstrous tenents would make a man tremble . there were among them that deny'd the authority of the scriptures , — the use of the old testament , — the immortality of the soul , — the trinity in vnity . that affirmed the soul to be of the essence of god , &c. — and a world of other impious positions they held , such as either the devil , or distemper suggested to them . the presbyterians were pleas'd to 〈◊〉 these phanatiques , at first more needful to their design , then scandalous to their profession ; preferring at any time an ordinance of the two houses , to the obligation of the two tables . and so they scap'd , not onely with impunity , but encouragement ; till the declining of the royal party , and the encrease of these wild libertines , put the kirk-faction upon other thoughts : which were , having now master'd the kings forces , how to cast off the independent party , by whose assistance they had done the work . they began now to open their eyes , and to perceive , that what they call'd gospel-profession while they needed them , was become gross haeresie , when they had done with them : and that gods people in the beginning , were schismatiques in the conclusion . what is become now of the liberty of conscience these faithless creatures promised to all that sided with them ? see the ministers letter from sion-house to the assembly in . toleration of independents , as unseasonable so unreasonable . first , not establish'd in any christian state by the civil magistrate . secondly , it consists not with presbytery . thirdly , if that ; then all sectaries must be tolerated . ] again ; such a toleration is utterly repugnant , and inconsistent with the solemn league and covenant for reformation . ] see bayly's disswasive from the errours of the times in his dedicatory . printed in . liberty of conscience , and toleration of all or any religion , is so prodigious an impiety , that this religious parliament cannot but abhor the very naming of it . the whole faction sing the same song , of liberty , when they are rising , and non-toleration when they are vp : and they are now upon their first concern ; they plead in pretence for all the adversaries of our church-order , but they propose to set up onely for themselves . this is a point worthy a strict enquiry , and wee 'll sift it throughly , in that which follows . bvt it is to us matter of admiration to observe ( clean contrary to your intimation ) how little discord there was in prayer , and other parts of worship , among all the churches throughout the three nations , that agreed in doctrine , and forbore the liturgy . it is wonderful to us in the review to consider , with what love , and peace , and concord , they all spake the same things , that were tyed to no from of words , even those that differed in some points of discipline , even to a withdrawing from local communion with us , yet strangely agreed with us in worship . ] note . xi . acutely , and unanswerably argued ; those churches that agreed , did agree , wherein they agreed . the bishops inferr the expedience of restoring the common-prayer , from the divisions which have ensu'd upon forsaking it . nay rather ; ( reply the presbyterians ) the licence given to apostates , haeretiques , and the like , caused those divisions , &c. whereas those that forbore the liturgy , and agreed in doctrine , were unamimous to a miracle . where lies the wonder , if those that agreed in doctrine , differ'd not much in other matters , when there was nothing else for them to differ upon ? or what answer is it to an objection that there were great and many divisions , to say that there were some agreements ? and those agreements were no other neither then a conspiracy . the question is , what was the effect of that popular defection from the practice of the church ? was it not haeresie , and rebellion ? nor is it possible it should be other ; for a general freedome is but a licentious combination against a regulating and limiting order . but the wonderful love , peace , and concord that was among those that were tied to no form of words ! ] — inter so convenit vrsis ] they did in truth agree , to catch the prey , but not to share it : — they lov'd the independency , but they hated the independent : or with doctor donn ; the one was con●ent the other should be damn'd , but loth he should govern . since these gentlemen are pleas'd to boast the vnity of that party that forbore the liturgy ; wee 'll confer notes with their great friend mr. edwards upon the question ; and first wee 'll see what pretious instruments these tender-conscienc'd men made use of , as the conjunct promoters of a reformation . wee 'll then enquire , upon their subdivision , how they agreed among themselves . certain opinions frequent among the godly party ( falsly so called . ) that the scriptures are insufficient , and uncertain . that god is the author of sin : not of the action onely , but of the sinfulness it self . that the magistrate ought not to punish any man for denying of a god : if his conscience be so perswaded . that every creature is god : an efflux only from god , and shall return to him . that there is but one person in the divine nature . that christ came onely to witness and declare the love of god , not to procure it . that the least truth is of more worth then iesus christ himself . that the doctrine of repentance is a soul destroying doctrine . that 't is as possible for christ himself to sin , as for a child of god to sin . that the moral law is of no use at all to beleevers . that peters trouble after the denial of his master , issued onely from the weakness of his faith. that infants rise not again . the same author tells us in the second part of gangraena , of a sectary pleading for a toleration of witches , which he follows , with a recital of instances in several kinds , the foulest , and the most impious , imaginable . let these suffice out of that rabble of infamous collections , to shew the blessed effects of the presbyterian reformation . if it be objected , that these opinions no way concern the presbyterian party . they are not charg'd with the belief of these heresies , but with the encouragement and protection of them , for they grew up and spread under their government . [ all of them being vented and broached within these four years last pact , yea most of them within these two last years and less ; ] ( this was in . and more especally ( says the same author in the page following ) in london , and the counties adjacent , in the parliaments quarters , in their armies , and garison towns , not maintained by persons at oxford , &c. for then it had not been so much to us ; ] — but [ in thee london , in thee associate counties , in thee armies , and that after a solemn covenant to extirpate heresies , and schismes , are found such and such errours , blasphemous opinions , strange practices , &c. — ] nor were the sectaries onely let alone , and suffered , but highly respected , preferred , &c. — ] nay , says our author ; the independents were but few ; and other sectaries a small number , in the first and second year of this parliament , some half a score or dozen ministers , three or four hundred people , the presbyterians gave them the right hand of fellowship , admitted them to their meetings , opened their pulpit dores unto them , shewed all brotherly respect of love and kindness to them , even more then to must of their own way , condescending to such a motion , as to forbear praying , and printing against their opinions and way ; making them ( who were so small and inconsiderable a party ) as it were an equal party , putting them into the ballance with themselves ; they appeared not to hinder their being chosen to be general lecturers for this city , in several great churches ; and as at first , so all along , they have been tender and respectful of them , in assembly , city , and in all cases suffering them to grow up to thousands , &c. ] these are the words of a profest champion of the cause ; a bitter adversary he was to independents , and to say no worse ; he was a presbyterian to bishops . as he hath stated the case , it was the presbyterians , not the bishops , that licensed heretiques , apostates , and foulmouth'd raylers against the scripture , ministry , and all gods ordinances ; — ] and the forbearance of the liturgy , was the first step toward this horrible confusion . qui non prohibet , cum potest , iubet . he that permits , commands ; when he might fairly hinder . the sectaries were but few , he says , at the beginning of the war , till they were nurs'd , and cherish'd by the presbyterians ; so that it seem's , 't was their indulgence wrought our mischief , and not episcopal connivance . in truth that thing they called the cause , was but the sink of the whole nation : — the common receptacle of lewd , factious , and foul humours . the government was their grand aversion ; and next to king and church , they hated one another . the divines , preach'd , and printed up the quarrel ; the brutish multitude maintain'd it : which kind of combination is rarely phansi'd by sir francis bacon , in these words . libels against bishops , and ecclesiastical dignities , calling in the people to their aid , are a kind of intelligence betwixt incendiaries , and robbers ; the one to fire the house , the other to rifle it . ] we come now to the wonderful love , peace , and concord , of those people that were tyed to no form of words , &c. ] and first the kindness of the presbyterians to their colleagues the independents . the sectaries agree with iulian the apostate , gangrene , p. . the sectaries are libertines and atheists , p. . ] unclean , incestuous , p. . ] drunkards , p. . ] sabbath-breakers , deceivers , p. . ] guilty of gross lying , slandering , iugling , falsifying their words and promises : guilty of excessive pride and boasting , pag. ] — of insufferable insolencies , horrible affronts to authority , and of strange outrages , pag. . ] there never was a more hypocritical , false dissembling , cunning generation in england , then many of the grandees of our sectaries . — they incourage , protect , and cry up for saints , sons of belial , and the vilest of men , p. . ] gangraena d part , . these imputations being attended with publique , and notorious proofs : and this subject being at that time the common theme of the presbyterian party ; enough is said to shew their kindness to the sectaries ; wee 'll now to the other side , and manifest that there was no love lost betwixt them . an anabaptist said that he hoped to see heaven and earth on fire before presbytery should be settled . ] another sectary , that he hoped to see the presbytery as much troden under foot as the bishops are . gangr . p. . ] the national covenant is a double fac'd covenant , the greatest make-bate and snare , that ever the devil , and the clergy his agents , cast in among honest men in england in our age . gangraena , d . part , pag. . the presbyterian government is antichristian , a limb of antichrist , tyrannical , lordly , cruel , a worse bondage then under the prelates , a bondage under task-masters as the israelites in egypt , ibid. . the assembly is antichristian , romish , bloudy , the plagues and pestes of the kingdome , baals priests , diviners , southsayers , ibid. p. . the seed of god in this nation , has had two capital enemies , the romish-papacy , and the scotch-presbytery . sterry , englands deliverance , p. . behold the harmony of the non-conformists : the wonderful agreement of the with-drawers from local communion with us . ] but the reformers argue learnedly , that if we tell them of those that differ from them in doctrine , and are not of them , it is as impertinent to the point of their own agreement in worship , as to tell them of the papists . ] marque the insipid flatness of this evasion . if they differ , they do not agree ; and if they agree , they do not differ . have not the independent schismatiques the same pretence , as well as the presbyterian ? we urge that all the factions were of a party , not all of an opinion ; and that the independent heresies were hatch'd under the kirk-schismatiques wing . this we have prov'd , and now , to a conclusion . wheresoever the two factions close , there 's a design upon the civil power ; for their principles are inconciliable , save by the stronger malice they bear to the government , then to each other . how great a madness is it then for those people to unite against the publique ? when they are sure either to fall in the attempt , or at the most , not to stand firm long after it ! for whensoever they break , ( and break they must ) 't is but a little patience till they are i● , and the third party gives the law to both , turning the scale at pleasure . but what a vayles it to offer light to those that shut their eyes , or reason to a man that dares not hearken to it ? 't is with notorious sinners as with men much in debt , they had rather break then come to an account : — rather run headlong the direct rote to hell , then pass the purgatory of a repentance . it is a remarkable saying of sir francis bacon , that the great atheists indeed are hypocrites , which are ever handling holy things , but without feeling . ] such are the people we have to deal with . witness their seditious zeal ; — their wrested allegations ; — their neglected vows , and d●ring scruples . no wonder then at their incorrigible hardness and impenitence . david , ( we find ) repented his adultery and murther ; manasseh , his idolatry ; saint peter , the denial of his master ; saint paul , the persecution of the church , &c. — but not one precedent in the whole bible of a repentant and converted hypocrite . lord , i am not as other men are , says the pharisee : the congregation is holy , every one of them , and the lord is among them , ( cry the sons of korah . ) oh that i were made iudge it the land , ( says absolom ) that i might do every man justice ! ] but what became of these people ? he in the parable was not justified ; — the earth opened her mouth upon the korites ; — and the smooth advocate for the peoples liberties was hang'd upon an oak . wherefore beware of the leaven of the pharisees , which is hypocrisie . nor is this crime more fatal to the person than to the publick ; those that are tainted with it , being not one jot better citizens or subjects , than they are christians : two or three are enough to infect a parish , and half a dozen popular hypocrites will make a shift to embroyle a nation . it is not credible , how greedily the heedless vulgar swallow down any hook baited with forms of godliness , especially when they themselves are taken in fo● sharers in the work , and made the iudges of the controversie . then they begin to talk of the righteous scepter , and of subjecting the nations to the rule of the holy ordinance , abundantly supplying with revelation their want of common reason . they ( forsooth ) must be conferr'd with about church-government , and delinquents , baals priests , and the high places , which way to carry on the cause of the lamb ; against the kingdomes of this world , and the powers of darkness . when once the poyson of this canker'd zeal comes to diffuse it self , and seize the mass and humour of the people ; who can express in words , or without horror think upon the blasphemies , treasons , murthers , heart-burnings , and consusions that ensue upon it : we shall not need to ransack forreign stories , or past ages , for sad and dismal instances ; this little spot of england and our own memories will furnish us . those that are struck with this distemper , take fancy for inspiration , their very dreams for divine advertisements , and the impulse of a besotted melancholy for the direction of the holy spirit . they fashion to themselves strange uncouth notions of the diety , entring into a familiarity with heaven ; and in this elevation of spiritual pride and dotage , having , as they imagine , the almighty on their side , and the eternal wisdome for their counsellour ; they accompt ▪ human reason a ridiculous thing , and laugh at the authority and power of princes . so many of them as agree to oppose the right , are called the saints ; the earth is their inheritance , and that which we stile theft or plunder , is but with them taking possession of their birth-right . in order to their ends they reckon no violence unlawful . princes are murthered for the glory of god , and the most barbarous mischiefs that fire and sword can bring upon a people , they term a reformation . their combinations against law and order are ( in the language of the consistory ) a holy covenanting with their god ; and all their actings ( tho' never so irreverend and impetuous ) onely the gentle motions of the spirit . these are the pious arts that take and lead the multitude — the simple and the factious , together with such male-contents as are by guilt , disgrace , or poverty , prepared for lewdness . and this hath been the constant method of our devout patriots , who with gods glory and christian liberty still in their mouths , laid the foundation of our ruine in hypocrisie . the word belongs to the stage , and in that sense , to some of our reformers ; a great part of whose pulpit-work it is , by feigned , and forc'd passions in themselves , to stir up true affections in their hearers ; making the auditory feel the griefs the speaker does but counterfeit . do we not see familiarly , that a sad tale upon the stage , makes the people cry in the pit ? and yet we know , that he that plays cesar murther'd in the senate , is but some droll - comoedian behind the hanging . i thought to have ended here , but one note more shall do my business , and theirs too , or i mightily mistake my self . the church judgeth not of things undiscovered : non esse & non apparere , are all one as to our judgement , we conclude not peremptorily , because we pretend not here to infallibility . as we are not sure that any man is truly penitent , that we give the sacrament to , so we are not sure that any man dyeth impenitently . but we must use those as penitent , that seem so to reason , judging by ordinary means , and so must we judge those as impenitent that have declared their sin , and never declared their repentance . ] note . xii . this point will be the death of the [ invaletudinary ] ministers , ( as our ciceronians ) and they might ten times better have indured ( by reading the office of burial , at the grave ) to expose their tender bodies to the excessively refrigerating air : ( another elegance ) which imposition they do not understand to be a sign of the right and ingenuine spirit of religion ) sure it rains soloecismes : three in the third part of a page . now to the churches faculty , and power of iudgement , according to the strictnesse of their own rule . not to appear , and not to bee , are the same thing , as to the iudgement of the church — and those are to be judged impenitents , that have declared their sin , and never declared their repentance . and that , in words onely , will not suffice neither ; for ( say our reformers ) it must be practice first , that must make words credible , when the person by perfidiousness hath forfeited his credit . ] they press further likewise , that according to his majesties declaration of octob. . . scandalous offenders are not to be admitted to the holy communion till they have openly declared themselves to have truly repented , and amended their former naughty lives , &c. ] now try the self-condemners by their own law. where 's their repentance for putting gods name , to the devil's commission ? under the form of a religious vow , couching an execrable league of violence , against their prince , the law , their country . where 's their repentance , for the souls they have damn'd by their seditious doctrine ? the bloud they have made the people spill , by their incentives to the war ? — those schismes and heresies , which they have given us in exchange for an apostolical order , and evangelical truths ; under the colour of a gospel-reformation . where is the practice ( they prescribe ) of their obedience ? their open retractations and amendments ? their sins as publique as the day ; but where 's their penitence ? these gentlemen must justifie the war ; or by the method of their own discipline , be excluded the communion of the church . but they 're so far from that , they claim a right of government . acts of parliament must submit to their authority : they put a bar to the kings power in matters indifferent ; and just as the last war began , are they now tampering to procure another . i had some thoughts of a reply upon their exceptions against the liturgy : but truly for the common-people sake , rather then for their own ; for i think them much more capable of a confutation then worthy of it . at present , i am given to understand , that there is more honour meant them , then they deserve ; and i shall wait the issue of it from a better hand . my frequency of writing may perswade some , that i 'me in love with scribbling : but what i now do , is no more then what i have ever done , when i believ'd my duty call'd me to it . and having done the same thing formerly , and oftener , at a time when rationally i could not expect any other reward then a halter : i think there are some people that believe i write for a halter , still , and have amind to save my longing . i know how i am misrepresented ; which , if i had any thing to lose , but what i 'me weary of , perhaps would trouble me . but soberly , ( since so it is ) here i declare , i do not ask the abatement of the strictest rigour of any law , either humane , or divine , in what concerns his majesty . but betwixt some , perchance from whom i have not deserv'd ill , and others , from whom i have no great ambition , to receive much kindness , my doings i perceive are commented upon , and much mistaken . to these discourtisies , i shall onely oppose this word . let the world renounce me , when they find me either less innocent , then i say i am ; or less dutiful , then i have been . mala opinio benè parta delectat . sen. ep. finis . notes, typically marginal, from the original text notes for div a -e the reformers charge . they invade the kings authority . proposals pag. . pag. . pag. . a miserable shift . the covenant not binding . amesius . de consc. lib. . q. . sauls case examined . the case of zedekiah . jerem. . god made the covenant . the covenant it self . zedekiahs covenant . and revolt . for the breach he is punish'd . the case does not hold . the very case . ezek. . ezek. . . a presbyterian oracle . the covenant an abjuring oath . a thorough reformation . in their places and callings . quere . an affront to the parliament . the reformers tenderness touching oathes . the boldness of the faction . their weakness . ☜ loyalty made death , accordi●● to the c●venant w. i. a tast of the reforming spirit . the kings murder justified . ☞ g. c. ☜ vers . . of chap. . chap. . v. . the application . pag . the covenant reviv'd . sedition . a matter of nothing . the sense of the covenant . proposals pag. . proposals pag. . a menace . the reformers foresight . ☞ the faction laid open . seditious . calumnious . presbytery will never down with the people . page . page . the safe way is best . the divines account p. ● . liberty of conscience . the divines account p. . edward's gangraena , p. . pag. . pag. . pag. . ibid. pag. . pag. . pag. . ibid. ibid. pag. . pag. . pag. ● ▪ gangraena , pag. . heresies the spawn of presbytery . gangr . pag. . ☜ the presbyterians nourished the sectaries at first . the presbyterians love to the independ . the sectaries love to the presbyterians . divines account pag. . conveniant in tertio . hypocr . impenitent . luk. . . num. . . sam. . . luk. . . hypocr . dangerous to the publick . phanaticisme . the divines account p. . the elegancies of the learned . publique worship pag. . exceptions , p. . self-condemners . a poem as it was presented to his sacred majesty on the discovery of the plott, written by a lady of quality. ephelia, fl. . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). b wing p interim tract supplement guide c. .f. 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(eebo-tcp ; phase , no. b ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books; tract supplement ; a : [ ]) a poem as it was presented to his sacred majesty on the discovery of the plott, written by a lady of quality. ephelia, fl. . sheet ([ ] p.). s.n.], [london? : printed in the year . attributed to ephelia.--cf. oluc rec. : ephelia / selected and introduced by maureen e. mulvihill. aldershot, hants, england; burlington, vt: ashgate, c . verse: "haile mighty prince! whom heaven has de-". place of publication suggested by wing. reproduction of original in the british library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng charles -- ii, -- king of england, - -- poetry, -- early works to . popish plot, -- poetry -- early works to . great britain -- politics and government -- - -- poetry -- early works to . - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion a poem as it was presented to his sacred majesty on the discovery of the plott , written by a lady of quality . haile mighty prince ! whom heaven has desig'nd to be the chief delight of human kind : so many vertues c●oud your breast that we do alwaies question your mortality : sure all the planets that o're vertue raigns , shed their best influence in your royal veins : you are the glory of monarchial pow'rs , in bounties free as are descending showr's ; fierce as a tempest when ingag'd in vvar , in peace more mild than tender virgins are ; in pitying mercy , you not imitate the heavenly pow'rs , but rather emulate . none but your self , your suffrings could have born with so much greatness , such heroick scorn , when hated traytors do your life pursue , and all the world is fill'd with cares for you ; vvhen every loyal heart is sunk with fear , your self alone doth unconcern'd appear ; your soul within , still keeps it's lawful state , contemns and dares the worst effects of fate , as the bright majesty shot from your eye , aw'd your tame fate , and rul'd your destiny . though your undaunted soul bare you thus high , your sollid judgement sees ther 's danger nigh ; ●vhich with such care and prudence you prevent ●s if you fear'd not but t' would cross th' event . your care so nobly looks , it doth appear t is for your subjects , not your self you fear : heaven ! make this princes life your nearest care , that does so many of your best vertues share : if monarchs in their actions copy you , this is the nearest piece you ever drew : blast every hand that dares to be so bold , an impious vveapon ' gainst his life to hold : burst every heart that dares but think him ill ; their guilty souls with so much terrour fill , that of themselves they may their plott unfold , and live no longer then the tale is told . safe in your care , all else will needless prove yet keep him safe too in his subjects love. your subjects view you with such loyal eyes they know not how they may their treasure prize . were you defenceless , they would round you fall , and pile their bodies to build up a wall . vvere you distre'st , 't would prove a gen'rous strife , vvho first should lose his own , to save your life . but since kind heaven these dangers doth remove , vvee 'l find out other wayes t' express our love. wee 'l force the traytors all , their souls resign , to herd with him that taught them their design . finis . printed in the year . his majesties declaration to all his loving subjects, march . . published by the advice of his privy council. england and wales. sovereign ( - : charles ii) approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). b wing c estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. b ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) his majesties declaration to all his loving subjects, march . . published by the advice of his privy council. england and wales. sovereign ( - : charles ii) charles ii, king of england, - . sheet ([ ] p.) re-printed by evan tyler, printer to the king's most excellent majesty, edinburgh : . caption title. royal arms at head of text; initial letter. dated at end: given at our court at whitehall, this fourteenth day of march, in the four and twentieth year of our reign. reproduction of the original in the national library of scotland. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng church and state -- england -- th century -- early works to . dissenters, religious -- england -- th century -- early works to . great britain -- politics and government -- - -- early works to . broadsides -- scotland -- th century. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion c r honi soit qvi mal y pense royal blazon or coat of arms his majesties declaration to all his loving subjects , march . . published by the advice of his privy council . our care and endeavours for the preservation of the rights and interests of the church , have been sufficiently manifested to the world , by the whole course of our government , since our happy restauration , and by the many and frequent wayes of coercion that we have used for reducing all erring or dissenting persons , and for composing the unhappy differences in matters of religion , which we found among our subjects upon our return : but it being evident , by the sad experience of twelve years , that there is very little fruit of all those forceable courses , we think our self oblieged to make use of that supream power in ecclesiastical matters , which is not only inherent in us , but hath been declared and recognized to be so by several statutes and acts of parliament ; and therefore , we do now accordingly issue this our declaration , as well for the quieting the minds of our good subjects in these points , for inviting strangers in this conjuncture , to come and live under us , and for the better encouragement of all to a chearfull following of their trade and callings , from whence we hope by the blessing of god , to have many good and happy advantages to our government ; as also , for preventing for the future , the danger that might otherwise arise from private meetings , and seditious conventicles . and in the first place , we declare our express resolution , meaning and intention to be , that the church of england be preserved , and remain entire in its doctrine , discipline and government , as now it stands established by law ; and that this be taken to be , as it is , the basis , rule , and standard of the general and publick worship of god , and that the orthodox conformable clergy do receive and enjoy the revenues belonging thereunto : and that no person , though of a different opinion and perswasion , shall be exempt from paying his tythes , or other dues whatsoever . and further we declare , that no person shall be capable of holding any benefice , living , or ecclesiastical dignity or preferment of any kind , in this our kingdom of england , who is not exactly conformable . we do in the next place declare our will and pleasure to be , that the execution of all and all manner of penal laws in matters ecclesiastical , against whatsoever sort of non-conformists or recusants , be immediately suspended , and they are hereby suspended . and all judges , judges of assize and goal-delivery , sheriffs , justices of the peace , mayors , bayliffs , and other officers whatsoever , whether ecclesiastical or civil , are to take notice of it , and pay due obedience thereunto . and that there may be no pretence for any of our subjects to continue their illegal meetings and conventicles , we do declare , that we shall from time to time allow a sufficient number of places , as they shall be desired , in all parts of this our kingdom , for the use of such as do not conform to the church of england , to meet and assemble in , in order to their publick worship and devotion ; which places shall be open and free to all persons . but to prevent such disorders and inconveniencies as may happen by this our indulgence , if not duly regulated , and that they may be the better protected by the civil magistrate , our express will and pleasure is , that none of our subjects do presume to meet in any place , untill such place be allowed , and the teacher of that congregation be approved by us. and lest any should apprehend , that this restriction should make our said allowance and approbation difficult to be obtained , we do further declare , that this our indulgence , as to the allowance of the publick places of worship , and approbation of the teachers , shall extend to all sorts of non-conformists and recusants , except the recusants of the roman catholick religion , to whom we shall in no wise allow publick places of worship , but only indulge them their share in the common exemption from the execution of the penal laws , and the exercise of their worship in their private houses only . and if after this our clemency and indulgence , any of our subjects shall presume to abuse this liberty , and shall preach seditiously , or to the derogation of the doctrine , discipline or government of the established church , or shall meet in places not allowed by us , we do hereby give them warning , and declare , we will proceed against them with all imaginable severity : and we will let them see , we can be as severe to punish such offenders , when so justly provoked , as we are indulgent to truly tender consciences . given at our court at whitehall , this fourteenth day of march , in the four and twentieth year of our reign . edinburgh , re-printed by evan tyler , printer to the king 's most excellent majesty , . tuesday the th. of december . resolved, &c. that on the fifth day of january next, this house will take into consideration the cases of all absent members, and also how to supply the vacant places, ... england and wales. parliament. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) tuesday the th. of december . resolved, &c. that on the fifth day of january next, this house will take into consideration the cases of all absent members, and also how to supply the vacant places, ... england and wales. parliament. sheet ([ ] p.) printed by john streater, london : . title from caption and first lines of text. order to print signed: thomas st. nicholas, clerk of the parliament. annotation on thomason copy: "xber [i.e., december] ". reproduction of the original in the british library. eng england and wales. -- parliament -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no tuesday the th. of december . resolved, &c. that on the fifth day of january next, this house will take into consideration the cases o england and wales. parliament. a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion blazon or coat of arms incorporating the commonwealth flag ( - ) tuesday the th . of december . resolved , &c. that on the fifth day of january next , this house will take into consideration the cases of all absent members , and also how to supply the vacant places , in order to the filling up of the house ; and that in the mean time , it be referred to a committee to consider of all proceedings , and all orders , and cases touching absent members , and make their report at the same time . and the said committee are to meet this afternoon at two of the clock in the speakers chamber , and so de die in diem , and to adjourn from place to place . ordered , that this resolve be forthwith printed and published . thomas st. nicholas , clerk of the parliament . london printed by john streater . . the petition and protestation of twelve bishops for which they were accused of high treason by the house of commons and committed by the lords to the blacke rod. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing p ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing p estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the petition and protestation of twelve bishops for which they were accused of high treason by the house of commons and committed by the lords to the blacke rod. england and wales. parliament. sheet ([ ] p.). printed for t. bankes, [london] : . place of publication suggested by wing. reproduction of original in the society of antiquaries. eng great britain -- politics and government -- - . broadsides -- england -- th century. a r (wing p ). civilwar no the petition and protestation of twelve bishops for which they were accused of high treason by the house of commons and committed by the lor [no entry] c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - elspeth healey sampled and proofread - elspeth healey text and markup reviewed and edited - pfs batch review (qc) and xml conversion the petition and protestation of twelve bishops for which they were accused of high treason by the house of commons and committed by the lords to the blacke rod . that whereas the petitioners are called upon by severall , and respective writs , under great penalties to attend in parliament , and have a cleare and indubitable right to vote in billes , and all other matters whatsoever debated in parliament , by the ancient customes , lawes and statutes of this realme , and are to be protected by your majesty quietly to attend that great service . they humbly remonstrate and protest before god , your maiesty and the noble peeres now assembled in parliament , that as they have an indubitable right to sit and vote in the house of lords , so they , if they may be protected from force & violence , are most ready & willing to performe that duty accordingly , & that they do abhominate all actions and opinions tending to popery , or any inclination to the malignant party , or any other side and party whatsoever , to the which their own reasons & consciences shall not adhere . but whereas they have been at severall times violently menaced , afronted , & assaulted by multitudes of people , in coming to performe their service to that honourable house , and lately chased away and put in danger of their lives , and can find no redresse or protection upon sundry complalnts made to both houses in that particular . they likewise protest before y●ur maiesty and that noble house of peeres , and saving to themselves all their rights and interests of sitting and voting in your house at other times , they dare not sit to vote in the house of peeres unlesse your maiesty shall further them from all affronts , indignities and danger in the premises . lastly , whereas their feares are not built upon fancies and conceipts , but upon such grounds & obiects as may well terrifie men of great resolution and much constancy , they doe in all humillity and duty protest before your maiesty and the peeres of this most honourable house of parliament , against all votes , resolutions and determinations , and that they are in themselves nul , and of no effect , which in their absince the twenty seven of december . have already passed , and likewise against all such as shall hereafter passe in that most honourable assembly , during such time of their forced and violented absence from the said most honourable house . not denying , but if their absenting of themselves were willfull and voluntary , that most noble house might proceed in all these premises , theire absence and protestation notwithstanding . and humbly beseecheth your most excellent maiesty to command the lords of the house of peeres to enter this their petition and protestation in their records . they will ever pray god to blesse and preserve &c. printed for t. bankes . fjnis . the third part of the soveraigne povver of parliaments and kingdomes. wherein the parliaments present necessary defensive warre against the kings offensive malignant, popish forces; and subjects taking up defensive armes against their soveraignes, and their armies in some cases, is copiously manifested, to be just, lawfull, both in point of law and conscience; and neither treason nor rebellion in either; by inpregnable reasons and authorities of all kindes. together with a satisfactory answer to all objections, from law, scripture, fathers, reason, hitherto alledged by dr. ferne, or any other late opposite pamphleters, whose grosse mistakes in true stating of the present controversie, in sundry points of divinity, antiquity, history, with their absurd irrationall logicke and theologie, are here more fully discovered, refuted, than hitherto they have been by any: besides other particulars of great concernment. / by william prynne, utter-barrester, of lincolnes inne. it is this eighth day of may, . ordered ... that this booke, ... be printed by michael sparke, senior. john white. soveraigne power of parliaments and kingdomes. part prynne, william, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing p thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) the third part of the soveraigne povver of parliaments and kingdomes. wherein the parliaments present necessary defensive warre against the kings offensive malignant, popish forces; and subjects taking up defensive armes against their soveraignes, and their armies in some cases, is copiously manifested, to be just, lawfull, both in point of law and conscience; and neither treason nor rebellion in either; by inpregnable reasons and authorities of all kindes. together with a satisfactory answer to all objections, from law, scripture, fathers, reason, hitherto alledged by dr. ferne, or any other late opposite pamphleters, whose grosse mistakes in true stating of the present controversie, in sundry points of divinity, antiquity, history, with their absurd irrationall logicke and theologie, are here more fully discovered, refuted, than hitherto they have been by any: besides other particulars of great concernment. / by william prynne, utter-barrester, of lincolnes inne. it is this eighth day of may, . ordered ... that this booke, ... be printed by michael sparke, senior. john white. soveraigne power of parliaments and kingdomes. part prynne, william, - . england and wales. parliament. house of commons. [ ], , - p. for michael sparke, senior., printed at london : . part three of: the soveraigne power of parliaments and kingdomes. with errata at foot of p. . also issued as part of wing p a. a r has a headpiece of type ornaments. variant: with woodcut headpiece. annotation on thomason copy: "june ". reproduction of the original in the british library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng ferne, h. -- (henry), - -- early works to . england and wales. -- parliament -- early works to . representative government and representation -- england -- early works to . great britain -- politics and government -- - -- early works to . - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - elspeth healey sampled and proofread - elspeth healey text and markup reviewed and edited - pfs batch review (qc) and xml conversion the third part of the soveraigne power of parliaments and kingdomes . wherein the parliaments present necessary defensive warre against the kings offensive malignant , popish forces ; and subjects taking up defensive armes against their soveraignes , and their armies in some cases , is copiously manifested , to be just , lawfull , both in point of law and conscience ; and neither treason nor rebellion in either ; by inpregnable reasons and authorities of all kindes . together with a satisfactory answer to all objections , from law , scripture , fathers , reason , hitherto alledged by dr. ferne , or any other late opposite pamphleters , whose grosse mistakes in true stating of the present controversie , in sundry points of divinity , antiquity , history , with their absurd irrationall logicke and theologie , are here more fully discovered , refuted , than hitherto they have been by any : besides other particulars of great concernment . by william prynne , utter-barrester , of lincolnes inne . sam. . . be of good courage , and let us play the men for our people , and for the city of our god , and the lord doe what seemeth him good . esther . , . , . in the day that the enemies of the jewes hoped to have power over them , the jewes gathered themselves together into their cities , through out all the provinces of king ahashuerus , to lay hand on those that sought their lives , and no man could withstand them ; for the feare of them fell upon all people . thus the jewes sinote all their enemies with the stroke of the sword , and slaughter and destruction ; and did what they would with those that hated them ; but on the spoile laid they not their hand . it is this eighth day of may , . ordered by the committee of the house of commons in parliament for printing , that this booke , intituled , the third part of the soveraign power of parliaments and kingdomes , be printed by michael sparke , senior . john white . printed at london for michael sparke , senior . . to his ever-honovred , noble , kinde friends , the right honourable lord ferdinando fairfax , the right worshipfull , sir william waller , and sir william bruerton , knights , commanders in chiefe , of the parliaments forces , in severall counties . deservedly renowned worthies , your incomparable valour , zeale , activity , industry for the preservation of your dearest country , religion , lawes , liberties , and the very being of parliaments , all now endangered by an unnaturall generation of popish and malignant vipers , lately risen up in armes against them in diverse parts of this realme ; and those many miraculous victories with which god hath beene lately pleased to crowne your cordiall endeavours , to promote his glory and the publicke safety , as they have justly demerited some gratefull generall acknowledgements from the whole representative body of the state ; so they may in some sort challenge a private gratulatory retribution from me , who have formerly had the happinesse to participate in your christian affections , and now reape much consolation by your heroick actions . having therefore seasonably finished this third part , of the soveraigne power of parliaments and kingdoms ; copiously vindicating , the lawfulnesse , iustnesse of the parliaments present necessary defensive warre ( in which you have had the honour to be imployed , not onely as chiefe , but which is more , as most successefull commanders , in your severall countries , ) in point both of law and conscience ; and fully wiping off those blacke aspersions , of treason and rebellion , which the opposite party ( really guilty of these crimes against both king and kingdome , as i have * elsewhere manifested , and here lightly touched ) have out of malice , ignorance , or both conjoyned , most injuriously cast upon your loyall , honourable proceedings , which rejoyce the soules of all true philopaters , who cordially affect their country or religion ; i could not , without much ingratitude , yea injustice , have published it to the world , but under the patronage of your ever-honored resplendent names , who have so valorously , so successefully pleaded this cause already in the field , that it needs the lesse assistance from the presse . my many inevitable interruptions and straites of time in its contexture , which may happily detract something from its perfection ; shall i hope , derogate nothing from your honourable , friendly acceptation ; whom i have thus conjoyned in the dedication ; because the parliament hath united you in their present warlike employments , and god himselfe joyntly honoured you with successe , even to admiration among the good , indignation amidst malignants , envy with the malicious , and , i trust , to an active sedulous emulation in all your fellow commanders , imployed in other quarters in the selfesame cause . your present busie publike , and mine owne private imployments , prohibite me to expatiate ; wherefore earnestly beseeching the glorious lord of hosts to be ever mightily present with your severall noble persons , forces , and to make you alwayes eminently , active , valorous , victorious , as hitherto he hath done , till peace and truth , tranquillity and piety , by your severall triumphant proceedings , shall once more lovingly embrace and kisse each other in our divided unreformed , sinfull kingdomes ; and till the effect of these just warres you manage , shall be quietnesse and assurance to us and our posterities after us for ever ; i humbly recommend your persons , proceedings to his protection who can secure you in and from all dangers of warre , and rest , your honours , worships most affectionate friend and servant , william prynne . to the reader . christian reader , i who have beene alwayes hitherto a cordiall desirer , endeavourer of peace , am here necessitated to present thee with a discourse of warre ; to justifie the lawfulnesse of the parliaments present taking up of necessary defensive armes . which neither their endeavours , nor my , with many others prayers could ( with any safety to our priviledges , persons , religion , liberty , realmes , now forcibly invaded by his majesties popish and malignant cavallieres ) hitherto prevent , or conjure downe . to plead the justnesse of a warre , of an unnaturall civill warre , ( the worst of any ) of a warre betweene the head and members , may seeme not onely a paradox , but a prodigie , in a land heretofore blessed with an aged , uninterrupted peace : and a lucans bella per aemathios plusquam civilia campos , &c. ( now most unhappily revived among us ) being but historicall , and poeticall ; may passe the world with lesse admiration and censure , than this harsh peece , which is both legally & theologically ( like the subject matter ) polemicall . but as the b ayme , the end of all just war , is and ought to be onely future setled peace ; so is the whole drift of this military dissertation : not to foment or protract , but end our bloody warres ; which nothing hath more excited , animated , lengthened in the adverse party , than a strong conceite , ( if not serious beliefe , ) that the parliaments forces , neither would , nor lawfully might in point of law or conscience forcibly resist or repulse their invasive armes , without danger of high treason and rebellion , ( which bug-beare i have here refuted , removed ) and the in-activity , the much admired slownesse of many of our forces , in resisting , in preventing their vigorous proceedings , which a little timely vigilance and diligence had easily controlled . it is a more than c barbarous inhumanity for any person , not to put to his uttermost strength , speedily to close up the mortall wounds of his bleeding , dying native country ; but to protract its cure , to enlarge , encrease its deadly ulcers , stabs , sores , and make a lasting trade of warre , out of a sordid , d sinfull desire of gaine , of plunder , to raise a private fortune by the republicks ruines , ( a sinne , of which some perchance are guilty ) is an unparalleld , most unnaturall prodigious impiety . it was thought a great dishonour heretofore , for men of honour and estates , not to serve and defend their country gratis , as our own e lawbooks & histories plentifully manifest : and shall such persons now turne sordid mercenaries ; stirre neither hand nor foot without their pay ; and be more diligent to get their wages , than discharge their service ? god forbid . it is f recorded of the children of gad and reuben , after they had recovered their inheritance on this side jordan , that they went all up armed before the lord over jordan , at their owne free cost , untill they had driven out all the enemies in it before them , subdued the land , and setled their brethren of the other tribes peaceably in it . and shall not englishmen of estates doe the like for their brethren now , in these times of need , when money ( the sinewes of warre ) is almost quite shrunke up , by reason of former disbursements and want of trade ? we read , g that the very heathen kings of canaan when they came and fought in taanach by the waters of megiddo , against the israelites , they tooke no gaine of money , for their paines : such was their noble-generosity , which deborah registers in her song for their eternall glory . and we heare of divers lords and gentlemen in the kings army , which serve against their country gratis ; yea furnish out sundry horse and foote , of their proper cost ; of few or none such there who receive any pay. and shall these be more free , generous , active in serving , fighting against god , religion , lawes , liberties , parliament and their country ; than those of like ranke and quality on the parliaments party are in warring for them ? o h let not such anignoble , unchristian report be ever once justly told in gath , or published in the streets of askelon , lest the daughters of the philistines rejoyce , lest the sonnes and daughters of the uncircumcised triumph . i know there are some heroicke worthies in the parliaments armies , of whom i may truely sing with deborah , i my heart is toward the governours of israel , that offered themselves willingly among the people ; and who like zebulon and nepthali , have freely jeoparded their lives unto the death , in the high places of the field . blessed be their endeavours , and their names for ever honourable : i shall now onely wish that others would imitate their laudable examples , that so our long-lingring warres , may be speedily and happily determined in a blessed , pure , pious , secure , honourable , lasting peace . they are tormentors , not chirurgions , executioners , not true souldiers , who desire , endeavour not speedily to close up and heale their dearest countries bleeding , festring wounds ; for which i have prepared this treatise , as a soveraigne balme , to incarne and cicatrize them , not ulcerate , or inflame them . it was the prophets patheticke expostulation , k the harvest is past , the summer is ended , and we are not healed : is there no balme in gilead ? is there no physitian there ? why then is not the health of the daughter of my people recovered ? it may be englands and irelands expostulation now : the lord put it into the hearts of our great physitians ( the king , parliament , and grandees of both armies ) that they may now at last with bleeding , melting hearts and spirits , speedily poure forth such effectuall healing balmes into these two dying kingdomes deadly wounds , as may effectually cure and restore them to more perfect health and vigor than they ever formerly enjoyed , that so they may lose nothing but their putrid blood , their proud dead flesh , their filthy sanies and corrupt humours , by their unnaturall stabs already received : towards the advancement of which much desired cure , if these my undigested rude collections ( interrupted with sundry inevitable interloping distractions , which may justly excuse their many defects ) may adde any contribution , or satisfie any seduced , or scrupulous consciences touching this present warre ; i shall deeme my labours highly recompensed ; and so recommending them to gods blessing , and thy charitable acceptation , i shall detaine thee with no further prologue . farewell the soveraigne povver of parliaments & kingdomes : proving i st . that the parliaments present necessary defensive warre , is iust and lawfull both in point of law and conscience , and no treason nor rebellion . having in the two former parts of this discourse dissipated foure chiefe complaints against the parliaments proceedings ; i come now in order ( in point of time and sequell ) to the th grand objection of the king , royalists , and papists against the parliament . to wit : * that they have traiterously taken up armes , and levied warre against the king himselfe in his kingdome ; and would have taken away his life at keinton battell , which is no lesse than rebellion and high treason , by the statute of . e. . c. . with other obsolete acts ; and by the common law. which obiection , though last in time , is yet of greatest weight and difficulty , now most cryed up and insisted on , of all the rest , in many of his majesties late proclamations , declarations , and in anti-parliamentary pamphlets . to give a punctuall answere to this capitall complaint , not out of any desire to foment , but cease this most unnaturall bloody warre , which threatens utter desolation to us if proceeded in , or not determined with a just , honourable , secure , lasting peace ; now lately rejected by his majesties party . i say , first , that it is apparent to all the world , who are not willfully or maliciously blinded ; that this majesty first began this warre , not onely by his endeavors to bring up the northerne army to force the parliament , confessed by the flight , letters , examinations of those who were chiefe actors in it ; but by raising sundry forces under colour of a guard before the parliament levied any . secondly , that the a parliament in raising their forces had no intention at all to offer the least violence to his majesties person , crowne , dignity , nor to draw any english blood ; but onely to defend themselves and the kingdome against his majesties malignant invasive plundring forces , to rescue his majestie out of the hands , the power of those ill councellers and malignants who withdrew him from his parliament , to bring him backe with honour , peace , safety , to his great councell ; ( their generall and army marching with a petition to this purpose , ) and to bring those delinquents to condigne punishment who most contemptuously deserted the houses , contrary to order , law , the priviledges of parliament , their owne protestation taken in both houses , sheltring themselves , under the power of his majesties presence and forces , from the justice of the houses , and apprehension of their officers , contrary to all presidents in former ages , in high affront of the priviledges , honour , power of the parliament , and * fundamentall knowns lawe of the realme : since which time , his majestie having ( contrary to his former proclamations and frequent printed solemne declarations ) entertained , not onely divers irish pop●sh rebels , but likewise english and outlandish papists in his army , and given commissions to sundry * arch popish recusants , to arme themselves , and raise forces against the parliament , and kingdom , now in the field in all the northerne parts , wales , and other places , ( and that under the popes owne consecrated banner as many report ) in defiance of our protestant religion , ( designed by the popish party both at home and abroad , to no lesse then utter extirpation in england , as well as in ireland , if not in scotland too , ( as some of them openly professe ; ) the parliament are hereupon necessitated to augment and recrute their forces ; as for the precedent ends at first , so now more especially , for the necessary defence of the protestant religion established among us by law ; against which they ( and all others who are not wilfully blinded ) visibly discerne a most apparant desperate conspiracie ; which though not cleerely perceived , but onely justly suspected at first , doth now appeare ( all circumstances and agents considered ) to be the very embrio and primitive cause of this deplorable warre ; against which the parliament and subjects are now more necessitated and engaged to desend themselves then ever , seeing they have by all possible meanes endeavored to prevent this warre at first , and since to accommodate it , though in vaine , upon just , reasonable , and honorable safe termes for king and kingdome . the sole question then in this case thus truely stated will be . whether his majestie , having contrary to his oath , duty , the fundamentall laws of god and the realme , raised an armie of malignants , papists , forraigners ; against his parliament , kingdome , people , to make an offensive warre upon them , to murther , rob , spoyle , deprive them of their peace , liberties , properties , estates ; to impose unlawfull taxes by force upon them ; protect delinquents and evill councellors against the parliaments iustice , and violently to undermine our established protestant religion ; the common-wealth of england legally assembled in parliament ; and all subjects in such cases by command and direction from both houses of parliament , may not lawfully and justly without any treason or rebellion , in point of law and conscience , take up defensive armes to preserve the priviledges of parliament , their lawes , lives , liberties , estates , properties , religion , to bring delinquents and ill councellours to condigne punishment , and rescue his seduced majestie out of their hands and power , though he be personally present with them , to assist and countenance them in this unnaturall destructive warre ? and under correction ( notwithstanding any thing i ever yet heard or read to the contrary ) i conceive affirmatively , that they may justly do it , both in point of law and conscience . i shall begin with law , because in this unhappie controversie , it must direct the conscience . first , i have b already proved in judgement of law ; the parliament and kingdome assembled in it , to be the soveraigne power , and of greater authority then the king , who is but their publike minister in point of civill iustice , and generall in matters of warre , as the roman kings and emperours were , and other forraigne kings of old and at this day are . the parliament then being the highest power , and having principall right and authority to denounce , conclude and proclaime warre , ( as i have manifested in the debate of the militia , ) may not onely lawfully resist , but oppugne , suppresse all forces raised against it , and the kingdomes peace or welfare . secondly , the principall end of the kingdomes , originall erecting parliaments , and investing them with supreame power at first , was , to defend not onely with good lawes and councell , but when absolute necessitie requires ( as now it doth , ) with open force of armes ; the subjects liberties , persons , estates , religion , lawes , lives , rights , from the encroachments and violence of their kings , and to keepe kings within due bounds of law and iustice , the end of instituting the c senate and ephori among the lacaedemonians , the senate and dictators among the romans , the d forum suprarbiense , and justitia aragoniae among the aragonians ; of parliaments , dietts , and assemblies of the estates in other forraigne kingdomes , and in scotland , as i shall prove at large in its e proper place . this is cleare by the proceedings of all our parliaments in former ages ; especially in king iohns , henry the third , edward the . . . and richard the seconds raignes ; by the latter parliaments in king iames his raigne , yea of . caroli , the last dissolved parliament , and this now sitting , whose principall care and imployment hath beene to vindicate the subjects liberties , properties , lawes , and religion , from all illegall encroachments on them by the crown and its ill instruments : by the f forecited resolutions of bracton , fleta , the myrror of iustices , vowell , holinshed , the councell of basill , and others , that the parliament ought to restraine and bridle the king when he casts off the bridle of the law , and invades the subjects liberties , especially with open force of armes in an hostile manner : and by the constant practise of our ancestors and the barons warres , in maintenance of magna charta , with other good lawes and priviledges , confirmed by parliament . if then the parliament be instrusted by the kingdome with this superlative power , thus to protect the subjects liberties , properties , lawes , persons , religion , &c. against the kings invasions on them by policie or violence : they should both betray their trust , yea the whole kingdome too , if they should not with open force of armes , ( when policy , councell , and petitions will not doe it ) defend their owne and the subjects liberties , persons , priviledges , &c. against his majesties offensive armies which invade them , intending to make the whole kingdome a present booty to their insaciable rapine , and a future vassall to his majesties absolute arbitrary power , by way of conquest . i reade in g bodin that the roman senate being no way able to restraine caesar , tooke their refuge to that ancient decree of the senate , which was commonly made but in dangerous times of the common-weal● . videant consules & caeteri magistratus ne quid detrimenti capiat respublica : let the consulls and other majestrates fore see that the common-weale take no harme . with which decree of the senate , the consulls being armed , sodainely raised their power , commanding pompey to take up armes and raise an army against caesar to oppose his violent proceedings by force who after his conquest of pompey refusing to rise up to the consulls , pretors , and whole senate , out of his pride , through his ill councellors advise , and talking with them , as if they had beene but private men , he so farre offended both the senate and people , that to free the republicke from his tyranny , and preserve their hereditary liberties , they conspired his death , and soone after murthered him in the senate-house , where they gave him no lesse than . wounds . and h hieronimus blanca assures us , that the suprarbiense forum , iustitia aragoniae , or states of arag●n , ( erected to withstand the tyrannie and encroachments of their kings ) may by the laws of their realme assemble together , and resist their king with force of armes , as oft as there shall bee neede to repulse his , or his officers violence against the lawes ; for when they erected this court , they said , it would be little worth to have good lawes enacted , and a middle court of iustice betweene the king and people appointed , if it might not be lawfull to take up armes for their defence when it was needfull ; ( being agreeable to the very law of nature and reason ; ) because then it will not be sufficient to fight with counsell : for if this were not so , and the state and subjects in such cases might not lawfully take up armes , all things had long ere this been in the power of kings . therefore , no doubt , our parliament and state , as well as others , may by the very law of nature , and fundamentall institution of parliaments , now justly take up defensive armes to preserve their liberties , lawes , lives , estates , religion . from vassallage and ruine . thirdly , our owne parliaments , prelates , nobles , and commons in all ages ( especially in times of popery ) as well in parliament , as out , have by open force of armes resisted , suppressed the oppressions , rapines , vnjust violence , and armies of their princes raised against them ; yea , incountred their kings in open battells , taken their persons prisoners , and sometimes expelled , nay deposed them from their royall authority , when they became incorrigible open professed enemies to their kingdomes , their subjects , seeking the ruine , slavery , and desolation of those , whom by office , duty , oath , and common iustice , they were bound inviolably to protect in liberty and peace , as the * premised histories of archigallo , emerian , vortigern , segebert , osred , ethelred , bernard , edwin , ceolwulfe , king john , henry the d. edward . and . richard the , henry the th . ( our british , saxon , english kings , ) and other examples common in our owne annalls , plentifully manifest . neither are their examples singular , but all kingdomes generally throughout the world in all ages have done the like , when their kings degenerated into tyrants , of which there are i infinite precedens in history : which actions all ages , all kingdomes have alwaies reputed lawfull both in point of policy , law , religion , as warranted by the very lawes of nature , reason , state , nations , god ; which instruct , not onely particular persons , but whole cities and kingdomes for their owne necessary defence , preservation , the supportation of humane societie and libertie , to protect themselves against all unlawfull violence and trranny , even of their kings themselves , or their ministers , to whom neither the lawes of god , nature , man , nor any civill nation , ever yet gave the least authority to murther , spoile , oppresse , enslave their subjects , or deprive them of their lawfull liberties or estates ; which resistance were it unlawfull or unjust ( as many ignorant royallists and parasites now teach ) some few oppressing tyrannizing wilfull princes , might without the least resistance , ruine , murther , enslave the whole world of men ; overthrow all setled formes of civill government , extirpate christian religion , and destroy all humane society at their pleasures ; all which had beene effected , yea , all states and kingdomes totally subverted long agoe , by ambitious tyrannizing lawlesse princes , had not this lawfull , naturall , hereditary power of resisting and opposing their illegall violence ( inherent in their parliaments , states , kingdomes ) restrained and suppressed their exorbitances of this kinde . now that this necessary defensive opposition and resistance against open regall hostile violence , which hath beene ever held lawfull , and frequently practised in all kingdomes , all ages heretofore , as just and necessary ; should become sodenly unlawfull to our parliament , and kingdome onely , at this instant , seemes very unreasonable unto me . fouthly , it is the expresse resolution of k aristotle , l xenophon , m polibius , n pope elutherius , ( in his epistle to our first christian king , lucius ) king o edward the confessor in his established lawes , c. . the p councell of paris , anno . and isiodor cited by it ; q iohn bodin , r iohn mariana , and generally of all forraigne divines and polititians , pagan or christian ; yea of s bracton , t fleta , u fortescue , and x king iames himselfe ; that a king governing in a setled kingdome , ceaseth to be a king , and degenerates into a tyrant , so soone as hee leaves to rule by his lawes ; much more , when he begins to invade his subjects , persons , rights , liberties , to set up an abitrary power ; impose unlawfull taxes , raise forces , and make warre upon his subjects , whom he should protect , and rule in peace ; to pillage , plunder , waste , and spoile his kingdome ; imprison , murther , and destroy his people in an hostile manner , to captivate them to his pleasure ; the very highest degree of tyranny , condemned and detested by god , and all good men . the whole state and kingdome therefore in such cases as these , for their owne just necessary preservation , may lawfully with force of armes , when no other course can secure them , not onely passively , but actively resist their prince , in such his violent , exorbitant , tyrannicall proceedings ; without resisting any kingly , lawfull royall authority vested in the kings person , for the y kingdomes preservation onely , not destruction ; because in , and as to these illegall oppressions , tyrannicall actions , not warranted , but prohibited by the lawes of god , and the realme , ( to whom he is z accountable , and by whom he is justly censurable for them ) he is no lawfull king , nor majestrate , but an unjust oppressing tyrant , and a meere private man , who ( as to these proceedings ) hath quite denuded himselfe of his just regall authority . so that all those wholsome lawes made by the whole state in parliament , for the necessary preservation and defence of their kings royall person , and lawfull soveraigne power ; the suppression of all insurrections , treasons , conspiracies and open warres against them , whiles they governe their people justly according to law , ( as all good princes are a obliged to doe by oath and duty ; ) or the open violent resisting of their lawfull authority and commands ; to which all subjects both in point of law and b conscience , ought cheerfully and readily to submit ; will yeeld no publike countenance , encouragement , or protection at all to kings , in their irregall , tyrannicall oppressions , or violent courses ; especially when they turne professed publike enemies to their people , proclaime open warre against them , invade their lawes , liberties , goods , houses , persons , and exercise all acts of hostilitie against them , as fatre forth as the most barbarous forraigne enemies would doe : it being against all common sence and reason to conceive , that our parliaments , lawes which strictly inhibit and punish the very smallest violations of the publike peace , with all kinds of oppressions , robberies , trespasses , batteries , assaults , bloodsheds , fraies , murthers , routs , riots , insurrections , burglaries , rapes , plunderings , force-able entries , invasions of the subjects liberties or properties , in all other persons , and greatest publike officers whatsoever ( whose c delinquences are so much the more hainous , execrable and censurable , d as their persons , honours , and places are more eminent ) should so farre countenance , justifie , or patronize them onely in the king , the supreame fountaine of iustice ( ad tutelam legis corporum & bonorum erectus , as fortescue , and sir e edward cooke resolve ; cujus potestas iuris est , & non injuriae ; & cum sit author iuris , non debet inde injuriarum nasci occasio , unde iura naseuntur , as f bracton , and g fleta determine ; ) as not to permit the subjects , under paine of rebellion and high treason , by force of armes , upon expresse command and direction of the whole kingdome in parliament , so much as to defend their persons , goods , estates , houses , wives , children , liberties , lives , religion , against the open violence of the king himselfe , or his malignant plundring , murthering papists , caveleers : when as kings of all others ( as h bracton , i for escue , and k mariana prove at large ) both by oath and duty , ought to be more observant of , and obedient to the laws of god and their realmes ( which are l no respectors of persons ) then the very meanest of their subjects . that precept then of paul , rom. . . . . let every soule be subject to the higher powers , &c. and the statute of . e. . c. . with other obsolete acts , which declare it high treason , to levy warre against the king in his realme , must needs be intended of , and quallified with these subsequent just limitations , sutable to their genuine sense and meaning ; to wit , that as long , and so farre foorth , as kings justly and uprightly doe execute their just royall power , conferred on them by god and their people , according to the law of god , and their realmes , to the protection , encouragement and praise of all their good subjects , and the deserved punishment onely of malefactors ; they must and ought to be cheerefully obeyed , and quietly submitted to , as gods owne ministers , without the least resistance , private or publike ; neither ought any private men upon any private injuries , of their owne authority to raise up in armes against them , seeing they are publike magistrates in whom all the kingdome have an interest , without the generall assent and authority of the whole state and kingdome , or of both houses of parliment which represents it . but if kings degenerate into tyrants , and turne professed enemies to their kingdomes , parliaments , people , by making open warre against them ; by spoyling , murthering , imprisoning , maiming , sacking , destroying , or putting them out of their protections , without any just or lawfull grounds , endeavouring by force of armes to subvert their lawes , liberties , religion , and expose them as a prey to their mercilesse blood-thirsty souldiers ; or bring in forraigne forces to conquer them , ( our present case ; ) i dare confidently averre , it was never the thought nor intention of paul , or the holy ghost , much lesse of our nobles , prelats , and commons in parliament , which enacted these lawes ( who so oft tooke up armes , aswell offensive , as defensive , against our kings , in such like cases heretofore ) to inhibit subjects , kingdomes , parliaments ( especially , by direct votes and ordinances of both houses ) under paine of damnation , high treason , or rebellion , by defensive armes to resist kings themselves , or any of their cavalliers : and if this question had beene put to paul , peter , or any of those parliaments , which enacted these objected lawes ; whether they ever meant by these precepts or statutes , totally to prohibite all subjects , by generall assent in parliament , to take up such defensive armes , or make any forceable resistance , against their kings or their armies , in such cases of extremity and necessity as these , under the foresaid penalties ? i make little question , but they would have clearely resolved ; that it was never so much as within the compasse of their thoughts , much lesse their plaine intention , to prohibite such a resistance , in this or such like cases , but onely according to the precedent exposition of their words ; and that they never imagined to establish in the world any vnresistable lawlesse tyranny , or any such spoile or butchery of kingdomes , of subjects , execrable to god and man , in all persons , all ages , which have * resisted them even unto blood ; but rather totally to suppresse them ; there being scarce any more pregnant text , against the tyranny , the boundlesse prerogatives , the illegall proceedings of kings , and higher powers in all the scripture , then that of romans . . to . if rightly scanned , as pareus , and others on it manifest . therefore the parliaments and peoples present defensive warre , and resistance against their seduced king , and his malignant popish cavalliers , is no violation of any law of god , of the realme ; but a just necessary warre , which they have to the uttermost endeavoured to prevent : and no treason , no rebellion at all within the meaning of any law , or statute , unlesse we should thinke our parliaments so mad , as to declare it high treason , or rebellion , even for the parliament and kingdome it selfe , so much as to take up armes for their owne necessary preservation , to prevent their inevitable ruine , when they are openly assaulted by royall armies ; which none can ever presume they would doe , being the very high way to their owne , and the whole kingdomes subversion . fiftly , admit the king should bring in forraigne forces ( french , spanish , danes , dutch , or irish ) to destroy , or conquer his subjects , parliament , kingdome , ( as some such forces are already landed , and more expected dayly ; ) and should join himselfe personally with them in such a service , i thinke there is no divine , lawyer , or true hearted englishman , so void of reason , or common understanding , as to affirme it treason , or rebellion in point of law , and a matter of damnation in conscience , or true divinity , for the parliaments , subjects , kingdome , to take up necessary defensive armes for their owne preservation in such a case , even against the king himselfe , and his army of aliens ; but would rather deeme it a just , honourable , necessary action ; yea , a duty , for every english man to venture his life , and all his fortunes , for the defence of his owne dearest native countrey , posterity , liberty , religion ; and no lesse then a glorious m martyrdome , to dye manfully in the field , in such a publicke quarrell : the very heathens generally resolving ; that n dulce & decorum est pro patria mori : et mortes pro patria appetitae , non solum gloriosae rhetoribus , sed etiam beatae videri solent : in a case of this quallitie . whence that noble romane o camillus , professed to all the romanes in a publike oration ; patriae deesse quoad vita suppetat , alijs turpe , camillo etiam nefas est. and is not there the selfe same equity , and reason , when the king shall raise an army of popish english , or irish rebels , malignants , delinquents , and bring in forraigners ( though yet in no great proporation ) to effect the like designe . if armed forceable resistance be no treason , no rebellion in law or conscience , in the first , it can be no such crime in our present case . sixtly , i would demand of any lawyer , or divine : what is the true genuine reason , that the taking up of offensive armes against , or offering violence to the person , or life of the king , is high treason , in point of law and divinitie ? is it not onely because and as he is , the head and chiefe member of the kingdome , which hath a common interest in him ; and because the kingdome it selfe sustaines a publike prejudice and losse by this war against , and violence to his person ? doubtlesse , every man must acknowledge this , to be the onely reason ; for if he were not such a publike person , the levying war against , or murthering of him , could be no high. treason at all . and this is the reason , why the elsewhere cited statutes of our realme , together with our historians , make levying of warre , deposing , or killing the king by private persons , high treason ; not onely against the king , but the realme , and kingdome to ; witnesse the statutes of . r. . c , . . r. . c. . . . r. . c. . . r. . c. . . . . h. . parl. . c. . . h. . c. . . mar. c. . . eliz. c. . . iaco. . . . . and the act of pacification this present parliament , ( declaring those persons of england and scotland traitors to either realme , who shall take up armes against either realme , without common consent of parliament ) which enact , the levying of warre against the kingdome and parliament , invading of england or ireland , treachery against the parliament , repealing of certaine acts of parliament , ill counselling the king , coyning false money , and offering violence to the kings person , to take away his life , to be high treason , not onely against the king and his crowne , but the realme to ; and those who are guilty of such crimes , to bee high traitors and enemies to the realme , p as well at to the king. hence iohn of gaunt , duke of lancaster , being accused in a parliament held in . r. . by a carmelite frier , of high treason , for practising sodainely to surprise the king , and seize upon his kingdome ; the duke denied it , as a thing incredible upon this very ground ; if i should thus ( said he ) affect the kingdome : q js it credible after your murder ( which god forbid ) that the lords of this kingdome , could patiently endure me , domini mei et patriae proditorem , being a traitor both of my lord and countrey ? hence in the same parliament of . r. . john walsh esquire captaine of cherburg in france , was accused by one of navarre , de proditione regis & regni , of treason against the king and kingdome ; for delivering up that castle to the enemies ; and in the r parliament of . r. . sir john annesley knight , accused thomas ketrington esquire , of treason against the king and realme , for betraying and selling the castle of saint saviour within the isse of constantine in france , s to the french , for a great summe of money , when as he neither wanted victuals , nor meanes to defend it : both which accusations ( being of treasons beyond the sea ) were determined by battle , and duels fought to decide them . hence the great favourite , pierce gaveston , tanquam legum subversor , hostis terrae publicus , & publicus regni proditor , capite truncatus est : and the two spensers after him , were in edward the second his raigne likewise banished , condemned , and executed , as traitors to the king and realme , et regni proditores for miscounselling and seducing the king , and moving him to make warre upon his people : hence both the t pierces , and the archbishop of yorke , in their articles against king henry the fourth , accused him , as guilty of high treason , and a traitor both to the king , realme and kingdome of england , for deposing and murthering richard the second . and hence the gunpouder conspirators , were u declared , adjudged , and executed as traitors both to the king & realme , for attempting to blow up the parliament house , when the king , nobles , and commons were therein assembled : if then the king shall become an open enemie to his kingdome , and subjects , to waste or ruine them ; or shall seeke to betray them to a forraigne enemy ( which hath beene held no lesse then treason in a king to doe , who by the expresse resolution of . h. . cap. . may become a traitor to the realme , and thereupon forfeit his very right and title to the crowne ; ) it can be no treason nor rebellion in law or theologie , for the parliament , kingdome , subjects , to take up armes against the king and his forces , in such a case , when he shal wilfully and maliciously rent himselfe from , and set himselfe in direct opposition against his kingdome ; and by his owne voluntary actions turne their common interest in him for their good and protection , into a publicke engagement against him , as a common enemy , who seekes their generall ruine . and if kings may lawfully take up armes against their subjects , as all royallists plead , after they reject their lawfull power , and become open rebels or traitors , because then as to this , they cease to be subjects any longer , and so forfeit the benefit of their royal protection : by the self-same reason ( the bond and stipulation being mutuall ; kings being their subjects * liege lords , by oath and duty , as well as they their liege people : ) when kings turne open professed foes to their subjects in an hostile warrelike way , they presently both in law and conscience , cease to be their kings de jure , as to this particular , and their subjects alleagiance thereby is as to this discharged , and suspended towards them , as appeares by the kings coronation oath , and the * lords and prelats conditionall fealty to king steven , so that they may justly in law and conscience resist their unlawfull assaults , as enemies ; for which they must onely censure their owne rash unjust proceedings , and breach of faith to their people , not their peoples just defensive opposition which themselves alone occasioned . seventhly , it must of necessity be granted ; that for any king to levie warre against his subjects , unlesse upon very good grounds of law and conscience , and in case of absolute necessity , when there is no other remedy left , is directly contrary to his very oath and duty , witnes the law of king edward the confessor , cap. . and coronation oathes of all our kings forementioned ; to keepe peace and godly agreement intirely , according to their power to their people ; contrary to all the fundamentall lawes of the realme , and the prologues of most statutes , intirely to preserve , and earnestly to indeavour the peace and welfare of their peoples persons , goods , estates , lawes , liberties ; contrary to the main tenor of all y sacred scriptures , which have relation unto kings ; but more especially to the kings . . . . and chron. . . . where when king rehoboam had gathered a very great army to fight against the ten tribes , ( which revolted from him for following his young counsellors advice , and denying their just request , and crowned ieroboam for their king ) intending to reduce them to his obedience by force of armes ; god by his prophet shemiah expressely prohibited him and his army , to goe up , or fight against them ; and made them all to returne to their owne houses without fighting ; and to isay . . . to . where god threatens , to cast the king of babilon out of his grave , as an abhominable branch , as a carcasse trodden under foot , ( marke the reason ) because thou hast destroyed thy land , and slaine thy people , to cut off from babylon his name and remembrance , and sonnes and nephewes : as he had cut off his peoples , though heathens . yea , contrary to that memorable speech of that noble roman * valerius corinus when he was chosen dictator , and went to fight against the roman conspirators , who toke up armes against their country . fugeris etiam honestius , tergumque civi dederis , quam pugnaveris contra patriam ; nunc ad pacificandum bene atque honeste inter primos stabis : postulate aequa et ferte ; quanquam vel iniquis standum est potius , quam impias inter nos conseramus manus , &c. if then a kings offensive warre upon his subjects , without very just grounds and unevitable occasions be thus utterly sinfull , and unlawfull in law and conscience ; and most diametrally contrary to the oath , office , trust and duty of a king , ( who by this strange metamorphosis a becomes a wolfe instead of a shepheard , a destroyer in liew of a protector ; a publike enemy in place of a common friend ; an unnaturall tyrant , instead of a naturall king ) it followes inevitably ; that the subjects or kingdomes resistance and defensive warre in such a case , both by the law of god , of nature , of the realme , must be lawfull , and just ; because directly opposite to , the only preservative against that warre , which is unlawfull and unjust : and so no treason , nor rebellion ( by any law of god or man , ) which are illegall and criminall too . eightly , it is the received resolution of all b canoni●●s , schoolemen , and civill lawyers ; that a defensive warre undertaken onely for necessary defence , doth not prop●ly deserve the nam of warre , but onely of defence : that it is no l●vying of warre at all , ( which implies an active offen●ive , not passive defensive raising of forces , and so no treason nor offence within the statute of . e. . c. . as the parliament , the onely proper iudge of treasons , hath already resolved in point of law but a faculty onely of defence cuilibet omni iure , ipsoque rationis ductu permissa ; &c. permitted to every one by all law , ( or right ) and by the very conduct of reason , since to propulse violence and iniury is permitted by the very law of nations . hence of all the seven sorts of warre which they make , they define the last to be , a just and necessary war quod fit se et sua defendendo ; and that those who d●e is such a war ( caeteris paribus ) are safe ( causa . qu. . ) and if they be slaine for defence of the common-wealth , their memory shall live in perpetuall glory . and hence they give this definition of a just warre . c warre is a lawfull defence against an imminent or praeceeding offence upon a publike or private cause , concluding : that if defence be severed from warre , it is a sedition , not warre ; although the emperour himselfe denounce it ; yea , although the whole world combined together . proclaime it : for the emperour , a king , can no more lawfully hurt another in warre , then he can take away his goods or life without cause . therefore let commentato●s b●awle eternally about warre , yet they shall never justifie nor prove it lawfull , nisi ex defensione legitima ; but when it proceeds from lawfull defence , all warres being rash and unjust , against those who justly defend themselves . this warre then being undertaken by the parliament , onely for their owne , and the kingdomes necessary defence , against the kings invasive armies and cavalliers ( especially , now after the kings rejection of all honourable and safe termes of peace and accommodation tendered to him by the parliament : ) must needs be just and lawfull ; and so no treason , nor rebellion , in point of law or conscience ; since no law of god , nor of the realme , hath given the king any authority or commission at all to make this unnaturall warre upon his parliament , his people , to enslave their soules and bodies , or any inhibition to them , not to defend themselves in such a case . these generall considerations thus premised , wherein law and conscience walke hand in hand ; i shall in the next place lay downe such particular grounds for the justification of this warre , which are meerely legall ; extracted out of the bowels of our knowne lawes ; which no professors of them can contradict . first , it is unquestionable , that by the common and statute law of the land , the king himselfe , who cannot lawfully proclaime warre against a forraigne enemy , much lesse against his people , without his parliaments previous assent , as i have elsewhere proved ; cannot by his absolute soveraigne prerogative , either by verball commands , or commissions under the great seale of england , derive any lawfull or just authority to any generall , captaine , cavalliers , or person whatsoever , without legall triall and conviction , to seize the goods or chattels of any his subjects , much lesse , forcecibly to rob , spoile , plunder , wound , beat , kill , imprison , or make open war upon them , without a most just and in vitable occasion , and that after open kostilitij denounced against them . and if any by vertue of such illegal commissions or mandats , assault , plunder , spoile , rob , beat , wound , slay , imprison , the goods , chattels , houses , persons of any subject not lawfully convicted ; they may , and ought to be proceeded against , resisted , apprehended , indicted condemned for it , notwithstanding such commissions as trespassers , theeves , burglarers , felons , murderers , both by statute , and common law ; as is clearely enacted and resolved , by magna charta , cap. . . e. . stat. . cap. . . . . e. . cap. . . . e. . artic. super chartas , cap. . e. . c. . . e. . cap. . . e. . cap. . r. cap. . r. ca . . h. . cap. . . r. . cap. . to . h. . cap. . . jacob. c. . against monopolies . the petition of right . . caroli . e. . c. . . e. . ca. . . e. . stat. . . e. . cap. . . . . r . cap. . and generally all satutes against purveyers . ass . pl. . . brooke commissions , . . fortesoue , c p. . . . . . . . e. . . . h. . . br. faux jmprisonment , . . . e. . a tr. . h. . monstrans de faits stamford lib. . fol. . a. . a. the conference at the committies of both houses , o. aprilis , o. caroli , concerning the right and priviledge of the subject : newly printed . cooke lib. . fol. . . lib. . fol. . . lib. . fol. . to . iudge crooks and huttons arguments , against shipmoney , with divers other law-bookes . therefore the cavalliers can no waies justifie , nor excuse their wounding , murthering , imprisoning , assaulting , robbing , pillaging , and spoiling of his majesties people and subjects , and making warre upon them , by vertue of any warrant or commission from the king ; but may justly and legally be apprehended , resisted , and proceeded against , as murtherers , rebels , robbers , felons , notwithstanding any pretended royall authority to countenance their execrable unnaturall proceedings . secondly , it is irrefragable , that the subjects in defence of their own persons , houses , goods , wives , families , against such as violently assault them by open force of armes , to wound , slay , beate , imprison , robbe , or plunder them , ( though by the kings own illegall commission ) may not onely lawfully arme themselves , and fortifie their houses ( their castles in iudgement of law , ) against them ; but refist , apprehend , disarme , beat , wound , repulse , kill them in their just necessary defence ; not onely without guilt of treason , or rebellion , but of tresspas , or the very least offence ; and servants in such cases may lawfully justifie , not onely the beating , but killing of such persons , who assault their masters persons , goods , or houses ; as is expresly resolved by the statute of . e. . de malefactoribus in parcis ; by . h. . cap. . fitzherbert , corone , . . . . . . . h. . trespas , . stamford , lib. . cap. . . . . ass . . . h. . . a. . h. . . b. . h. . . a. . e. . . b. . e. . . a. . h. . . b. brooke , coron . & trispas . therefore they may justly defend themselves , resist , oppose , apprehend , and kill his majesties cavalliers , notwithstanding any commissions , and make a defensive warre against them ; when as they assault their persons , houses , goods , or habitations , without any treason , rebellion , or crime all against the king or law. thirdly , it is past dispute , that the sheriffes iustices of peace , mayors , constables and all other officers of the realme , may and ought by our lawes and statutes to raise the power of the counties and places where they live , and command all persons to arme themselves to assist them upon their command , when they see just cause ( which commands they are all bound to obey under paine of imprisonment and fines , for their contemptuous disobediene herein : ) to suppresse and withstand all , publicke breaches of the peace , riots , routs , robberies , fraies , tumults , forcible entries , and to apprehend , disarme , imprison , and bring to condigne punishment all peace-breakers , riotors , trespassers , robbers , plunderers , quarrellers , murtherers , and forces met together , to doe any unlawfull-hostile act , ( though by the kings owne precept : ) and in case they make resistance of their power , they may lawfully kill and slay them without crime or guilt , if they cannot otherwise suppresse or apprehend them : yea , the sheriffes , and all other officers may lawfully raise and arme the power of the county to apprehend delinquents , by lawfull warrants from the parliament , or processe out of other inferiour courts of iustice , when they contemptuously stand out against their iustice , and will not render themselves to a legall triall ; in which service all are bound by law to assist these officers , who may lawfully slay such contemptuous offenders , in case they cannot otherwise apprehend them . all which is enacted and resolved by . e. . cap. . . ed. . cap. . . r. . cap. . . r. . cap. . . . r : . cap. . . r. . cap. . . h. . cap , . . h. . cap. . . h. . cap. . . . h. . cap. . . e. . cap. . . mar. cap. . . h. . cap. . . e. . fitz execution , . . h. . . a . ass . . . h. . fol. . . . h. . fol. . register , f● . . . fitz. coron . . . . . . stamford , lib. . cap. . . cooke lib. . fol. . . . with sundry other bookes , and acts of parliament , and walsingham , hist . angliae , pag. . . yea , the statute of . ed. . cap. . recites ; that such resistance of processe out of any the kings courts ( much more then out of the highest court of parliament ) redounds much to the dishonour of the king and his crowne ; and that such resisters shall be imprisoned and fined , because they are desturbers of the kings peace , and of his realme . and the expired statute of . h. . cap. . enacted : that if any duke , marquesse , earle , viscount , or baron , complained of for any great riots , extortions , oppressio●s , or any offence by them done against the peace and lawes , to any of the kings liege-people , should refuse to obey the processe of he kings court , under his great or-privie seale , to him directed , to answer his said offenes ; either by refusing to receive the said processe , or dispiting it , on withdrawing himselfe f●r that cause , and not appearing after proclamation made by the sheriffe in the county , at the day prescribed by the proclamation ; that then hee should for this his contempt , forfeit and lose all his offices , fees , annuities , and other possessions that he , or any man to his use , hath of the gift or grant of the king , or any of his progenitors , made to him or any of his ancestors : and in case he appeares not upon the second proclamation on the day-therein to him limited ; that then he shall lose and forfeit his estate and place in parliament , and also all the lands and tenements wh●ch he hath , or any other to his use for terme of his life , and all other persons having no lands not appearing after proclamation , were to be put out of the kings protection , by this act. such a hemous offence was it then reputed , to disobey the processe of chancery , and other inferiour courts of iustice even in the greatest peeres ; how much greater crime then is , and must it be , contemptuously to disobey the summons , processe , and officers of the parliament it selfe , the supremest court of judicature , especially in those who are members of it , and stand engaged by their prostestations , trusts , and places in it , to maintaine its honour , power , and priviledges to the uttermost ? which many of them now exceedingly vilifie , and trample under feete : and therefore deserve a severer censure then this statute inflicts ; even such as the act of . r. . c. . prescribed to those nobles unjustly fore-judged in that parliament ; that their issues males now begotten shall not come to the parliaments , nor to the councells of the king nor his heires ; nor be of the kings counsell nor of his heires ; therefore it is undubitable , that the sherifes , iustices of peace , majors , constables , leivtenantes , captaines , and other officers in every county through the realme , may by their owne authority ( much more by an ordinance and act of association of both houses ) raise all the power of the county , & all the people by vertue of such commands may lawfully meete together in armes to suppresse the riots , burglaries , rapines , plunders , butcheries , spoyling , robberies , and armed violence of his majesties cavaleers ; and apprehend , imprison , slay , arraigne , execute them as common enemies to the kingdomes peace and welfare , even by the knowne common law , and statutes of the realme , and seife delinquents notwithstanding any royall commission or personal commands they may or can produce . fourthly , it is most certaine , that every subject by the very common law of the realm , ( yea law of nature ) as he is a member of the state and church of england , d is bound both in duty and conscience , when there is necessary occasion , to array and arme himselfe to resist the invasions , and assaults of open enemies of the realme , especially of forraigners , as is cleare by infinite * presidents , cited by the kings owne councell , and recited by judge crooke in his argument concerning ship-money ; in both the houses two remonstrances and declarations against the commission of array ; and the answer of the first of them in the kings name ; all newly printed ( to which i shall referre the reader for fuller satisfaction : ) e and by the expresse statutes of e. . c. . . e. . c. . and . h. . c. . the reason is from the originall compact and mutuall stipulation of every member of any republicke , state or society of men for mutuall defence one of another upon all occasions of invasion , made at their first association and incorporation into a republike , state , kingdome , nation , of which we have a pregnant example , iudg. . . to . if then the king himselfe shall introduce forraigne forces and enemies into his realme to levie war against it , or shall himself become an open enemie to it ; the subjects are obleiged , by the self-same reason , law , equity , especially upon the parliaments command , to arm themselves to defend their native country , kingdome against these forraigne and domesticke forces , and the king himselfe if he joyne with them ; as farre forth as they are bound to doe it upon the kings own writ and commission , in case he joyned with the parliament and kingdome against them ; the necessary defence and preservation of the kingdome and themselves ( and of the king onely so farre forth as he shewes himselfe a king and patron , not an enemie of his kingdome , and subjects , ) being the sole ground of their engagement in such defensive warres : according to this notable resolution of cicero , ſ omnium societatum nulla est gratior , nulla carior quàm ea quae cum republica est unicuique nostrum cari sunt pare●tes , cariliberi , propinqui , familiares , sed omnes omnivm caritates patria vna complexa est , pro qua quis bonus dubit t●mortem oppetere , si ei sit prosuturus ? q●o est detestabilior illorum immanitas . qui lacerant omni scelere patriam , & n●a sunditus delenda occupati & sunt & fuerunt : and seeing kings themselves as well as subjects are bound to g hazard their lives for the preservation of their kingdomes , and peoples safeti ; and not to endanger the ruine of the kingdome and people to preserve their owne lives and prerogatives , as i have elsewhere manifested ; it cannot be denyed , but that every subject , when the king is unjustly divided against his kingdome , parliament , and people , is mere obleiged to joyne with the kingdome , parliament , and his native dearest countrey , ( who are most considerable ) against the king ; than with the king against their ; and rather in such a case than any other , because there is lesse neede of helpe , and no such danger of ruine to the whole realme and nation , when the king joynes with them against forraigne invading enemies ; as there is when the king himselfe becomes an open intestine foe unto them , against his oath and daty : and the h peoples safety being the supremest law , & the houses of parliament the most soveraigne authoritie , they ought in such unhappie cases of extremitie and division to oversway all subjects , to contribute their best assistance for their necessary just defence , even against the king himself and all his partisans , who take up hostile armes against them , and not to assist them to ruine their owne country , kingdome , nation , as many as now over-rashly do . fifthly , i conceive it cleare law , that if the king himselfe , or his courtiers with him , shall wrongfully assault any of his subjects to wound , rob , or murther them without just cause , that the subjects , without any guilt of treason or rebellion , may not onely in their owne defense resist the king and his courtiers assaults in such a case , and hold their hands ( as i doctor ferne himselfe accords ) but likewise close with , and disarme them ; and if the king or his courtiers receive any blowes , wounds , in such a case ; or be casually slaine , it is neither treason nor murder , in the defendants , who had no treasonable nor murtherous intention at all in them , but onely endeavoured their own just defence , attempting nothing at all against the kings lawful royall authority : as is cleare by all law k cases , of man slaughter , se defendends , and to put this out of question , i shall cite but two or three cases of like nature . it hath been very l frequent with the kings of england , france , and other princes , for triall of their man hood , to runne at iousts and fight at barriers , not onely with forraigners , but with their owne valiantest l●rds and knights , of which there are various examples . in these martiall disports , by the very law of arm●s , these subjects have not onely defended themselves against their kings assaults and blowes ; but retorted lance for lance , stroke for stroke , and sometimes unborsed , disarmed , and wounded their kings , our m king henry the eight , being like to be slaine by the earle of suffolke , at a tilting in the . yeare of his reigne : and no longer since then the yeare . henry the d , king of france , was casually slaine in a loust by the earle of mountgommery , his subject , ( whom hee commanded to iust one bout more with him against his will ) whose speare in the counter-blow ran so right into one of the kings eyes , that the shivers of it peirced into his head , perished his braine and slew him : yet this was iudged no treason , fellony , nor offence at all in the earle , who had no ill intention . if then it hath ever beene reputed lawfull and honourable , for subiects in such militarie exercises , upon the challenges of their kings , to defend themselves couragiously against their assaults , and thus to fight with and encounter them in a martiall manner , though there were no necessity for them to answer such a challenge ; and the casuall wounding or slaying of the king by a subiect in such a case be neither treason nor fellony : then much more must it be lawfull by the law of armes , nature , and the kingdome , for the parliament and subjects in a necessary , just , unavoydable warre , to defend , resist , repulse the kings and his cavaleers-personall assaults , and returne them blow forblow , shot for shot , if they will wilfully invade them ; and if the king or any of his forces miscarry in this action , they must ( like king o henry the th when endangered by tilting ) blame themselves alo●e , and have no other just legall remedie but patience , it being neither treason , rebellion , nor murther in the defensive party , and most desperate folly and frenzie in any prince , to engage himselfe in such a danger , when beneede not doe it . i reade of p charles the first of france ; that he fell sodainely destracted upon a message he rec●ived from an old poore man , as he was marching in the head of his army ; and thereupon thinking himselfe b●tray●d encountred his owne men , and slew two or three of them ere they were ware of him , wo●nding others . whereupon they closing with him , dis●rmed and led him away fo●ceably , keeping him close shut up like à bedla● , till he recovered his sens●s . i thinke no man in his right wits , will deeme this their action treasonable or unlawfull ; neither did the king or any in that age thus repute it . if then a king in an angry franticke passion ( for q ir. brevius furor est ; ) shall take up armes against his loyall subjects , and assault their persons to murther them and spoyle their goods ; if they ( by common consent in parliament especially ) shall forcibly resist , disarme or restraine his person , till his fury be appeased , and his judgement rectified by better councells ; shall this be treason , rebellion , or disloyaltie ? god forbid : i thinke none but mad men can or will averte it . it was a great doubt in law , till the statute of . h. . c. . setled it , if a party that had committed any high treasons when he was of perfect memory ; after accusation , examination , and confession thereof became madde or lunaticke ; whether he should b● tried and condemned for it during this distemper ? and some from that very act ( and . h. . . . ass . . h. . for faiture and dower . fitz. nat. br. . d. stamford pleas , . b. and cooke . l. . f. . beverlyes case , which resolve , ●hat a lunaticke or non compos cannot be guilty of murthe● , fel n●y , ●●petite treason , because having no understanding , and knowing not what he doth , he can ●ave n● follonius intention ) conceive , that a reall mad-man cannot be guilty of high treason ( though sir edward cooke in bev●rlies case , be of a contrary opinion ) if he should assault or kill his king . and i suppose few will deeme r walter terrils casuall killing of king william rufus with the glance of his arrow from a tree , shot at a deere , high treason ; neither was it then reputed so , or he prosecuted as a traytor for it , because he had no malicious intention ( as most thinke ) against the king , or any thought to hurt him . but i conceive it out of question , if a king in a distracted furious passion without just cause , shall invade his subjects persons in an open hostile manner to destroy them ; it neither is , nor can be treason ner rebellion in them , if in their owne necessary defence alone , they shall either casually wound or slay him contrary to their loyall intentions ; and those s statutes and law-book●s which judge it high treason , for any one maliciously and trayterously to imagine , compasse or conspire the death of the king ; will not at all extend to such a case of meere just defence ; since a conspiracie or imagination to compasse or procure the kings death , can neither be justly imagined nor presumed , in those who are but meerely defensive , no more then in other common cases of one mans killing another in his owne inevitable defence without any precedent malice ; in which a pardon by law , is granted of course : however , questionlesse it is no treason nor murther at all to slay any of the kings souldiers and cavaliers who are no kings , in such a defensive warre . sixthly , suppose the king should be captivated , or violently led away by any forraign or domesticke enemies to him and the kingdome , and carried along with them in the field , to countenance their warres and invasions upon his loyallest subjects , by illegall warrants or commissions fraudulently procured , or extorted from him . if the parliament and kingdome in such a case , should raise an army to rescue the king out of their hands , and to that end encountring the enemies , should casually wound the king whiles they out of loyalty sought onely to rescue him ; i would demaund of any lawyer or divine , whether this act should be deemed treason , rebellion or disloyalty in the parliament or army ? or which of the two armies should in point of law or conscience be reputed rebells or traytors in this case ? those that come onely to rescue the king , and so fight really for him indeed , though against him in shew ; and wound him in the rescue ? or those who in shew onely fought for him , that they might still detaine him captive to their wills ? doubtlesse there is no lawyer , nor theologue but would presently resolve in such a case , that the parliaments army which fought onely to rescue the king were the loyall subjects ; and the malignants army who held him captive with them , the onely rebels and traytors ; and that the casuall wounding of him ( proceeding not out of any malicious intention , but love and loyalty to redeeme him from captivity , ) were no trespasse nor offence at all , being quite besides their thoughts : and for a direct president ; it was the very case of king t henry the third ; who ( together with his sonne prince edward ) being taken prisoner by the earle of leycester in the battle of lewis , and the earle afterwards carrying him about in his company in nature of a prisoner , to countenance his actions , to the great discontent of the prince , the earle of glocester and other nobles ; hereupon the prince and they raising an army , encountred the earle , and his porces in a battle at evesha● where the king was personally present , slew the earle , routed his army , and rescued the king ; in this cruell battell , the n king himselfe ( being wounded unawares with a iavelin , by those who rescued him ) was almost slaine , and lost much of his blood : yet in a parliament soone after sommoned at winchester , anno . the earle and his army were dis-inherited as traytors and rebels ; but those who rescued them though with danger to his person , rewarded as his loyall subjects . and is not this the present case ? a company of malignant ill councellors , delinquents , prelates , papists , have withdrawne his majestie from his parliament , raised an army of papists , forraigners , delinquents and male-contents , to ruin the parliament , kingdome , religion , lawes , liberties ; to countenance this their designe , they detaine his majestie with them , and engage him all they can on their side : the parliament out of no disloyall intention , but onely to rescue his majesties person out of their hands , to apprehend delinquents , preserve the kingdome from spoyle , and defend their priviledges , persons , liberties , estates , religion , from unjust invasions , have raised a defensive army , which encountred these forces at edgehill , ( where they say the king was present ) slew the lord generall ( earle of lindsey ) with many others ; and as they never intended , so they offered no kind of hurt or violence at all to his majesties person then or since ; and now full sore against their wils , petitions , endeavours for peace , they are necessitated to continue this offensive warre , for their owne and the kingdomes necessary preservation . the sole question is ; whether this act , this defensive warre of the parliament and their forces be high treason or rebellion ? and who are the traytors and rebells in this case ? certainly , if i understand any law or reason , the parliament and their forces are and must be innocent from these crimes ; and their opposite popish malignant cavaleers , the onely rebels and traytors ; as this parliament ( the onely proper judge of treasons ) hath x already voted and declared them in point of law. seventhly , it is * little ●s and other law-bookes expresse resolutions ; that if a man grant to another the office of a parkership , of a parke for life , the estate which he hath is upon condition in law ( though not expressed ) that he shall well and lawfully keepe the parke , and doe what which to his office belongeth to doe , or otherwise it shall be lawfull for the grantor and his heires to remove him , and grant it to another if he will : and if the parker negligently suffer the deere to be killed , or kill the deere himselfe without sufficient warrant from his lord , it is a direct forfaiture of his office. if then a keeper or forrester cannot kill or negligently suffer his deere to be killed ( no nor yet destroy the vert on which they should feed , or suffer it to be destroyed ) without forfaiture of his office , even by a condition annexed to his office by the very common law ; shall a king , thinke you , lawfully murther , plunder and destroy his subjects , his kingdome , without any forfaiture or resistance at all ? or will the common law of the land in such a case which provides and annexeth a condition to the office of a parker , not much more unite it to the royall office of a king , ( who is but a regall keeper , or * sheepheard of men , of christians , of free men , not of slaves ) for the subjects preservation and security ? doth the common-law thus provide for the safety , the liberty , welfare of our beasts , yea our wilde beasts , are our deere so deare unto it , and will it not much more provide for the security of our owne persons , lives , liberties , estates ? shall not these be dearer to it than out deere ? how many * riged lawes have beene anciently , and of late yeares made , against the killing , the destroying of the kings , the subjects deere in forrests and parkes , for which some have lost their liberties , lives , members ? and shall not the lawes for the preservation of the subjects lives , liberties , estates be more inviolably observed , more severely prosecuted ? may a forrester , warrener , or keeper of a parke lawfully beate and kill another in defence of his deere and other game , without any penalty or forfaiture at all , enjoying the kings peace as before this fact , by the expresse statute of . e. . rastall forrests . and stamfords pleas , l. . c. . . and cannot a poore subject defend his owne person , family , house , goods , libertie , life , against the kings forces , or cavaleers without the danger of treason or rebellion , if the king himselfe be present with them , or they come armed with his unjust commission ? certainely this is a too absur'd , irrationall , beastiall opinion for any to beleeve . it is our saviours own doubled argument , mat. . . luke . . behold the fowles of the ayre , and consider the ravens , for they neither sow nor reape , neither have store-house , nor borne , yet your heavenly father feedeth them : are not yee mvch better then they ? then fowles ? and luke . . . mat. . . . . are not two sparrowes sold for a farthing ? and not one of them shall fall to the ground without your father : but the very haires of your head are all numbred : feare ye not therefore ; ye are of more valve then many sparrowes and the apostle hath the like argument , cor. . . . doth god take care for oxen ? or saith he it not altogether for our sakes ? for our sakes , no doubt this is written , &c. * men are the soveraigne lords of all the creatures , of farre more excellencie and dignity then all , or any of them ; especially christian men ; whence the apostle paul gives this strict charge to the elders of ephesus ( belonging as well to kings as ministers ) act. . . take heed therefore unto all the flocke over which the holy ghost hath made you over-seers to feed the church of god which he hath purchased with his owne blood : and god himselfe hath given this expresse inhibition even to * kings themselves , concerning his and their peoples safety ( most strangely inverted by flattering divines , quite contrary to the words and meaning : ) touch not mine anointed , and do my prophets no harm ? . and shall not men then made after gods owne image ; men redeemed and purchased by the blood of christ ; men made * kings and priests to god their father , whom god himselfe hath expressely prohibited kings themselves to touch or harme ; not be allowed liberty to defend their persons , houses , lives , liberties , without offence or treason , against kings or any their cavaleers assaults , by the law of god , the common or statute law of the realme ; when as their very keepers , warreners , forresters may lawfully resist , and slay them to without crime or punishment , if they should offer but to kill , to steale their deere or connies ? are they not much better , much dearer to god , to kings , then foules ? then sparrowes ? then oxen ? then deere ? and their lives , their blood more precious then theirs ? surely the scripture is expresse : that * precious in the sight of the lord is the blood , the death of his saints ; and therefore * he that sheddeth mans blood ( be he whom he will in an unlawfull way ) by man shall his blood he shed ; if not in a judiciall way , yet by way of just defence , as christ himself expounds it , mat. . . all they that take the sword , shall perish with the sword : and rev. . . he that killeth with the sword , mvst be killed with the sword ; ( no doubt he may be killed by way of necessary defence ; ) then it immediately followes ; here is the patience and faith of the saints : that is , saints will and must patiently endure many pressures and wrongs from tyrants and oppressors without resistance , but if they once come to make warre with them , as the seven headed beast there did v. . then both the faith and patience of the saints themselves will binde their hands no longer , but give them free liberty in such an extremity ( for their owne and the churches preservation , in their just defence ) to slay those seven headed beasts that shall assault them ; the very faith of christ then teacheth them no other lesson but this : he that leadeth into captivitie shall goe in o captitivitie , and he that killeth with the sword must be killed with the sword : and in such a case , god saith , psal . . . . . . let a two edged sword be in their hands , to execute vengeance upon the heathen , and punishment upon the people : to bi●de their kings with chains and their nobles with fetters of iron ; to execute upon them the judg●ment written : this honour ( this priviledge in such cases ) have all the saints , praise ye the lord. and very good reason is there for it . for as nature it selfe hath instructed lyons , beares , wolves , boares , stagges , backes , and most other beasts , not onely to defend themselves against the violence of one another , but even of men their supreame lords , when they assault and hunt them to take away their lives , over which god hath given men a lawfull power : much more then may men by natures dictate , defend their persons , lives against the unlawfull violence of their kings or armies ( over which god hath given them no power at all but in a legall way of justice for capitall offences ) when they assault or make warre upon them to destroy them . not to trouble you with histories of stagges and other beasts which have killed men that chased them , in their owne defence , of which there are infinite examples in the * roman and spanish histories , in those amphithreatricall sports and spectacles wherein men encountred and fought with lyons , tygers . beares , buls and other savage beasts ; i shall onely recite some few examples even of kings themselves , who have beene slaine and devoured by such beasts as they have chased : * mada● king of britain ( as polycronicon , fabien , grafton and others record ) being in his disport of hunting , was slain of the wilde beasts he pursued , when he had reigned . yeares : so was his sonne king memphis slaine and destroyed in hunting in the same manner . merindus king of brittaine , was devoured by a sea monster which he encountered : and * basilius the emperour of constantinople hunting a stag , of an extraordinary greatnesse , and thinking to cut off his necke with his sword ; the stagge ran fiercely at him , gored him with his hornes on which he tossed him , bruised his entralls , whereof he dyed some few dayes after , and had beene slaine immediately , on the beasts hornes , had not one there present drawne his sword and cut off his girdle , by which he hung on the hornes , to whom he gave a very ill requitall for this loyall service : other stories of kings sla●ne by beasts in their owne defence occure in story , and examples of kings slaine by men in and for their preservation , are almost innumerable : that of our king * edmond is observable among others , who as our historians write being at a feast at pulkers church on saint augustines day , espied a theese named leof , whom he had formerly banished , sitting in the hall , whereupon he leapt over the table , assaulted leof , and plucked him by the haire of the head to the ground ; who in his owne defence , wounded the king to death with a knife , hurt many of his servants , and at length was himselfe hewen all in peeces . but that of our king * richard the . is more remarkeable , who being shot in the arme with a barbed arrow by one peter basil , ( or bertram gurdon as others name him ) at the siege of chaluz castle in aquitain which rebelled against him ; the castle being taken , and the king ready to dye of the wound , commanded the person that shot him to be brought into his presence , of whom he demanded , what hurt ●e had done him that provoked him to this mischiefe ? to whom he boldly replyed : thou hast killed my father and my two brothers , with thine own hand ; and now wouldest have slain me : take what revenge thou wilt ; i shall willingly endure what ever torture thou canst inflict upon me , in respect i have slaine thee , who hast done such and so great mischiefe to the world . the king hearing this his magnanimous answer , released him from his bonds , ( though he slew the rest ) and not onely forgave him his death , but commanded an hundred shillings to be given him . if then bruites by the very law of nature have thus defended themselves against kings , who have violently assaulted them , even to the casuall death of the assailants : why men by the selfesame law , may not justly defend themselves against the unjust assailing warres of their princes , and armies , without treason or rebellion , exceeds my shallow understanding to apprehend : and i doubt those very persons who now plead most against it , onely to accomplish their owne pernicious designes , would make no scruple of such a necessary defensive wars and resistances lawfulnesse , were the case but really their own ; and those papists and cavalieers who now take up armes against the parliament , the supreamest lawfull power in the realme , and their owne native country , without checke of conscience , would doubtlesse make no bones at all forcibly to resist or fight against the king himselfe , should he but really joyne with the parliaments army , against them and their designes ; there being never any souldier or polititian , but those onely who were truely sanctified and religious , that made any conscience of fighting against , yea murthering of his naturall king , not onely in a lawfull defensive warre , but in a trayterous and rebellious manner too , if he might thereby advantage or promote his owne particular interests , as is evident by the councell and speech of davids souldiers , and king saul himselfe . sam. . . . . . . . . by the words of abishai , to david , sam. . . . . . by the councell of a●●itophell , which pleased absolon , and all the elders of israel well , sam . . . . and the infinite number of emperours , of kings , which have beene trayterously , and rebelliously slaine , without any just occasion by their own souldiers , and that in a meere offensive , not defensive way ; above halfe the roman , grecian , and german emperours dying of such assassinations , or poysonings , very few of them of meere naturall deathes , as the histories of their lives declare . eightly , it is in a manner agreed by y historians , polititians , and divines , that if a king will desert the defence and protection of his people in times of warre and danger , and neither ayde nor protect them against their enemies according to his oath and duty , they may in such a case of extremity , for their owne necessary defence and preservation , desert him , who deserteth them , and elect another king , who can and will protect them from utter ruin . vpon this very ground the z brittons of this nation after many hundred yeares subjection to the roman emperors , rejected their yoake and government , when they refused and neglected to defend them against the barbarous picts and others , who invaded them , when they had oft craved their assistance ; electing them other patriots : so the a spaniards being deserted by the roman emperors and left as a prey to their enemies , abandoned their government , and elected them kings of their owne to protect them , which they justified to be lawfull for them to doe . and in like manner the romans and italians being forsaken of the emperour constantine , when they were invaded by b aistulfus king of the lumbards ; elected charles the great for their emperour , and created a new empire in the west , distinct from that of constantinople in the east , which bishop bilson himselfe concludes they might lawfully doe , in point of conscience . so c childerick being unfit to governe , and unable to repulse the enemies of the french which invaded his territories ; thereupon by the advise of pope zachary , and of a whole synod and parliament in france , they deposed childericke , and elected pipin for their king , who was both able and willing to protect them ; vpon this very ground the d emperours charles the third , and wenceslius were deposed , as being unable and unfit to defend and governe the empire , and others elected emperors in their steeds , thus * mahomet the blinde , king of granado , was in the yeare . deposed by his owne brother , nobles , and subjects , who were discontented to be governed by a blinde king , who could not lead them to the warres in person . and * ethodius the d king of scotland , being dull of wit , given to avarice , and nothing meete to governe the realme ; thereupon the nobles tooke upon them the governmēt , appointing rulers in every province , & so continued them all his reigne , leaving him nothing but the bare title of a king , ( not depriving him thereof , out of the respect they gave to the family of fergusius ) but yet taking away all his regall power . and not to multiply cases or examples of this nature : e andrew favine in his theatre of honour , out of the chronicle of laureshe●m and aimonius in his th booke of the history of france , relates a notable resolution given by the parliament & estates of france in this very point . in the yeare . lewes the debonnaire king of france holding his parliament in may ; there came thither from strange provinces two brethren , kings of vuilses , who with frank & free good will submitted themselves to the judgement of the said parliament , to which of them the kingdome should belong . the elder of these two brethren was named meligastus , and the younger celeadraus , now albeit the custome of the said kingdome , adjudged the crowne to the eldest , according to the right of primegeniture , allowed and practised by the law of nature , and of later memory , in the person of the last dead king liubus , father to the two contendants ; yet notwithstanding in regard that the subjects by universall consent of the kingdome , had rejected the elder brother for his cowardise and evill government ( cum secundam ritum ejus gentis commissum sibi regnum parum digne administraret ) and had given the crown to the younger brother for his valovr & discreete carrige ; after full hearing of both parties , by sentence of parliament , the kingdome was adjudged to the younger brother , ( stat●it ut junior frater delatam sibi à populo suo pot flatem haberet , &c ) and thereupon the eldest did him homage , with oath of alleigance in the said parliament , and submitted to this sentence . and upon this very ground in f some of our ancient british and saxons kings reignes when the right heire to the crowne was an infant , unable to defend his kingdome and people against invading enemies , the crowne hath commonly descended to the vncle or next heire of full age , who was able to protect them and repulse their enemies , till the right heire accomplished his compleat age , as i have elsewhere manifested . if then a kingdome by generall consent ; may elect a new king to defend and preserve it , in case of invasion and eminent danger of ruine by forraigne enemies , when their present king either cannot , or will not doe his duty in protecting them from their enemies , and exposeth them for a prey to their devastations , as these examples and authorities conclude they may , though i will not positively determine so . then certainely by equall , semblable and greater reason , subjects may lawfully take up necessary defensive armes against their kings , when they shall not onely desert , but actually invade and wage warre against them , destroy and wast them in an open hostile manner , and handle them as cruelly as the worst of enemies : such a wilfull unnaturall hostile invasion , being farre worse than any cowardly or bare desertion of thē when they are invaded by a forraign enemy . and if kings in case of sottishnesse or lunacy may be lawfully deposed from their kingdomes by common consent of their realmes , when they are altogether unfit or unable to governe , as b●shop bilson asserts , and i have manifested else where : then much more may they be lawfully resisted by force without guilt of treason or rebellion , when they wilfully and maliciously , contrary to their oath and duty , cast off their royall governments , the protection of their subjects , and wage open warre against them , to enslave or ruine them . if a father shall violently and unjustly assault his sonne , a husband his wife , a master his servant , a major or other inferior officer , a citizen to murther , maime , or ruine them ; they may in such a case by g the law of nature , god man , resist , repulse them in their owne defence without any crime at all , as dayly practise experimentally manifests ; yea they may sweare the peace against them , and have a writ h de securitate pacis in such cases . therefore by the selfesame reason they may resist the king and his army in like cases ; there being no more humane nor divine law against resistance in the one case , than in the other . finally , it is the resolution of i john bodin and others , who deny the lawfulnesse of subjects taking up armes against their soveraigne prince , or offering violence to his person , though he become a tyrant : that if a soveraigne prince or king by lawfull election or succession turne a tyrant , he may lawfully ( at his subjects request ) be invaded resisted , condemned or slaine by a forraigne prince . for as of all noble acts , none is more honourable or glorious , then by way of fact to defend the honour , goods , and l●ves of such as are unjustly oppressed by the power of the more mighty , especially the gate of iustice being shut against them : thus did moses seeing his brother the israelite beaten and wronged by the egyptian , and no meanes to have redresse of his wrongs : so it is a most faire and magnificall thing for a prince to take up armes to releive a whole nation and people , unjustly oppressed by the cruelty of a tyrant : as did the great hercu'es who travelling over a great part of the world with wonderfull power and valour destroyed many most horrible monsters , that is to say , tyrants ; and so delivered people , for which he was numbred among the gods , his posterity for many worlds of yeares after , holding most great kingdomes . and other imitators of his vertue as dio , timoilion , aratus , harmodius , aristogiton , with other such honourable princes , bearing titles of chastisers , and correctors of tyrants , and for that onely cause tamerlain emperour of the tartars , denounced warre unto * bajazet king of the turkes , who then besieged constantinople , saying , that he was comming to chastise his tyrannie , and to deliver the afflicted people ; and vanquishing him in battle , routed his army , and taking the tyrant prisoner , he kept him in chains in an iron cage till he dyed . neither in this case is it materiall that such a vertuous prince being a stranger , proceede against a tyrant by open force , or fiercenesse , or else by way of justice . true it is that a valient and worthy prince , having the tyrant in his power , shall gaine more honour by bringing him unto his tryall , to chastise him as a murtherer a manqueller , and a robber ; rather than to use the law of armes against him . wherefore let us resolve on this , that it is lawfull for any stranger ( prince ) to kill a tyrant , that is to say , a man of all men infamed , and notorious for the oppression , murder , and slaughter of his subjects and people . and in this sort , our * queene elizabeth ayded the low-countries against the tyrannie and oppressions of the king of spaine : and the king of sweden of late yeares the princes of germany against the tyranny and usurpations of the emperor , upon their sollicitation , if then , it be thus lawfull for subjects to call in forraigne princes to releeve them against the tyrannie and oppressions of their kings ( as the barons in * king iohns time prayed in ayde from philip and lewis of france against his tyrannie ) and those princes in such cases , may justly kill , depose , or judicially condemne these oppressing kings and put them to death . i conceive these whole kingdomes and parliaments may with farre better reason , lesse danger , and greater safety to themselvs , their kings and realmes take up defensive armes of their owne to repulse their violence . for if they may lawfully helpe themselves and vindicate their liberties from their kings encroachments by the assistance and armes of forraigne princes who have no relation to them , nor particular interest in the differences betweene their kings and them , which can hardly be effected without subjecting themselves to a forraigne power ; the death or deposition of the oppressing king : much more may they defend and releeve themselves against him by their owne domesticke forces , if they be able , by generall consent of the realme ; because they have a particular interest and ingagement to defend their owne persons , estates , liberties , which forraigners want ; and by such domesticke forces may prevent a forraigne subjection , preserve the life of the oppressing prince , and succession of the crowne in the hereditary line ; which * forraigne armies most commonly endanger . and certainely it is all one in point of reason , state , law , conscience , for subjects to relieve themselves , and make a defensive warre against their soveraigne by forraigne princes armes , as by their owne : and if the first be just and lawfull , as all men generally grant without contradiction ; and bracton to l. . c. . i see no colour but the latter must bee just and lawfull too , yea then the first rather , because lesse dangerous , lesse inconvenient to king and kingdome . from reasons , i shall next proceed to punctuall authorities . not to mention our ancient h brittons taking up of armes by joint consent , against their oppressing , tyrannizing kings a●chigallo , emerian , and vortigern , whom they both expelled and deposed , for their tyranny and mis-government ; nor our saxons ray sing defensive forces against king sigebert , osfred , ethelred , beornard , coolwulfe and edwyn , who were forcibly expelled , and deprived by their subjects for their bloody cruelties and oppressions ; which actions the whole kingdome then , and those historians who recorded them since , reputed just and honourable , and no treason nor rebellion in law or conscience , being for the kingdomes necessary preservation , and the peoples just defence ; which histories i have elsewhere more largely related . nor yet to insist long on the fore-mentioned barons warre , against king iohn , and henry the d. for regaining , establishing , preserving magna cha●ta , and other liberties of the realme , which our kings had almost utterly deprived them off ; i shall onely give you some few briefe observations touching these warres , to cleare them from those blacke aspersions of rebellion , treason , and the like , which some late historians ( especially iohn speed ) to flatter those kings to whom they dedicated their histories , have cast upon them , contrary to the judgement of our ancienter choniclers , and matthew paris ; who generally repute them lawfull and honourable . first then consider , what opinion the prelates , barons , and kingdome in generall , had of these warres at first , l anno . in a parliament held at pauls the . yeare of king iohns raigne , steven langton archbishop of canterbury , produced a charter of king henry the first , whereby he granted the ancient liberties of the kingdome of england ( which had by his predecessors beene oppressed with unjust exactions , according to the lawes of king edward , with those emendations , which his father , by the counsell of his barons , did ratifie : which charter being read before the barons , they much rejoyced ; and swore in the presence of the archbishop ; that for these liberties they would , if need required , spend their blood : which being openly done in parliament , they would never have taken such a publike solemne oath , had they deemed a warre against the king , for recovery , or defence of these their liberties unlawfull , and no lesse then treason and rebellion in point of law or conscience . after this the barons assembling at saint edmond●bury , conferred about the said charter , and swore upon the high altar , that if king iohn refused to confirme and restore unto them those liberties ( the rights of the kingdome ) they would make warre upon him , and withdraw themselves from his allegiance , untill he had ratified them all w●th his charter under his great seale . and further agreed , after christmas to petition him for the same , and in the meane time to provide themselves of horse and furniture to be ready , if the king should start from his oath made at winchester , at the time of his absolution , for confirmation of these liberties , and compell him to satisfie their demand . after christmas they repaire in a military manner to the king , lying in the new temple , urging their desires with great vehemencie : the king seeing their resolution and inclination to warre , made answer , that for the matter they required , he would take consideration till after easter next , in the meane time , he tooke upon him the crosse , rather through feare , then devotion , supposing himselfe to bee more safe under that protection : and to shew his desperate malice and wilfulnesse ( who rather then not to have an absolute domination over his people , to doe what he listed , would be any thing himselfe under any other that would but support him in his violences ) he sent an embassage ( the most base and impious that ever yet was sent by any free and christian prince ) unto miramumalim the moore , intituled the great king of affrica , morocco , and spaine ; wherein he offered to render unto him his kingdome , and to hold the same by tribute from him as his soveraigne lord ; to forgoe the christian faith , as vaine , and to receive that of mahomet , imploying thomas hardington and ralph fitz-nicholas , knights , and robert of london clerke , commissioners in this negotiation ; whose manner of accesse to this great king , with the delivery of their message , and king johns charter to that effect , are at large recited in mathew paris , who heard the whole relation from robert one of the commissioners , miramumalim having heard at large their message , and the description of the king and kingdome , ( governed by an annointed and crowned king , knowne of old to be free and ingenuous ; ad nullius , praeterquam dei spectans dominationem ) with the nature and disposition of the people , so much disdained the basenesse and impiety of the offerer , that fetching a deepe sigh from his heart , he answered , i have never read nor heard , of any king possessing so prosperous a kingdome , subject and obedient to him , who would thus willingly ruine his principality , as of free to make it tributary , of his owne to make it anothers , of happy to make it miserable , and to submit himself to anothers pleasure , as one conquered without a wound . but i have heard and read of many , who with effusion and losse of much blood ( which was laudable ) have procured liberty to themselves ; modo autem audio , quod dominus vester miser , deses & imbellis , qui nullo nullior est , de libero servus fieri desiderat , qui omnium mortalium miserrimus est . after which he said ; that the king was unworthy of his confederacie ; and looking on the two knights with a sterne countenance , he commanded them to depart instantly out of his presence , and to see his face no more ; whereupon they departing with shame ; hee charged robert the clerke , to informe him truely what manner of person king iohn was : who replied , that he was rather a tyrant then a king ; rather a subverter then a governour ; a subverter of his owne subjects , and a fosterer of strangers ; a lyon to his owne subjects , a lambe to aliens and rebels ; who by his sloathfulnesse had lost the dutchy of normandy , and many other lands , and moreover thirsted to lose and destroy the kingdome of england : an unsatiable extortioner of money ; an invader and destroyer of the possessions of his naturall people , &c. when miramumalim heard this , he not onely despised , as at first , but detested and accursed him , and said : why doe the miserable english permit such a one to raigne and domineer over them ? truely , they are effeminate and flavish : to which robert answered : the english are the most patient of all men , untill they are offended and damnified beyond measure . but now they are angry , like a lion or elephant , when he perceives himselfe hurt or bloody ; and though late , they purpose and endeavour to shake the yoake of the oppressor from their necks which lie under it : whereupon he reprehended the overmuch patience and fearefulnesse of the english ; and dismissed these messengers ; who returning , and relating his answer to king iohn , he was exceeding sorrowfull , and in much bitternesse of spirit , that he was thus contemned and disapointed of his purpose . yet persisting in his pre-conceived wicked designe to ruine his kingdome and people , and hating all the nobility and gentry of england , with a viperous venom , he sets upon another course ; and knowing * pope jnnocent to be the most ambitious , proud , and covetous of all men , who by gifts and promises would be wrought upon , to act any wickednesse : thereupon he hastily dispatcheth messengers to him with great summes of money , and a re-assurance of his tributary subjection , ( which shortly after he confirmed by a new oath and charter , ) to procure him to excommunicate the archbishop of canterbury , and the barons , whom he had formerly favoured ; which things he greedily desired , that he might wrecke has malice an them by dis inheriting , imprisoning , and spoiling them being excommunicated : which things when he had wickedly plotted , he more wickedly executed afterwards . in the meane time , the barons foreseeing that nothing was to be obtained but by strong hand , assemble an army at stamford , wherein were said to be two thousand knights , besides esquires , and marched from thence towards oxford , where the king expected their comming to answer their demands . and being come to brackley with their army , the king sends the earle of pembroke mariscall , and the archbishop of canterbury , with others , to demand of them , what were those lawes and liberties they required ? to whom they shewed a schedule of them , which the commissioners delivered to the king : who having heard them read , in great indignation asked ; why the barons did not likewise demand the kingdome ? and swore he would never grant those articles , whereby himselfe should be made a servant . so harsh a thing is it to a power , that is once gotten out into the wide libertie of his will , to heare againe of any reducing within his circle . vpon this answer , the barons resolve to seize the kings castles ; constitute robert fitz-walter their generall , entituling him , mariscall of the army of god , and of holy chvrch : a title they would never have given their generall , or army , had they deemed this warre unlawfull in law or conscience . after which they tooke divers of the kings castles and are admitted into london ; where their number daily increasing , they make this protestation ; never to give over the prosecution of their desire , till they had constrained the king ( whom they held perjured ) to grant them their rights . which questionlesse , they would not have done , had they not beleeved this warre to be just and lawfull . king iohn seeing himselfe in a manner generally forsaken of all his people , and nobles , having scarce . knights faithfull to him ( another strong argument , that the people and kingdome generally apprehended , this taking up armes against the king to regaine , to preserve their hereditary rights and liberties , to be lawfull ) counterfeits the seales of the bishops , and writes in their names to all nations , that the english were all apostates , and whosoever would come to invade them , hee , by the popes consent , would conferre upon them all their lands and possossions . but this device working no effect , in regard they gave no credit to it , and found it apparently false ; the king seeing himselfe deserted of all , and that those of the barons part were innumerable , ( cum tota angliae nobilitas in unum collecta , quasi sub numero non cadebat , writes mathew paris , another argument of the justice of this cause and warre , in their beliefes and consciences ; at last condescended to grant and confirme their liberties , which he did at running-meade , in such sort as i have formerly related . and though the pope afterwards for his owne private ends and interest , ( bribed by king iohn , who resigned his kingdome to him , and became his vassall , without his peoples consent , which resignation was judged voide , ) excommunicated the barons withall their assistance ; qui ioha●nem illustrum regim anglorum cruce signatum , et vasallvm romanae ecclesiae ( an honourable title indeed for a king ) pers quuntur , molientes ei regnum auferre ( which this pope him selfe did but few yeares before , giving his crown and kingdome it selfe to king phillip of france , which to save , he sordidly resigned up to the pope ) quod ad romanam ecclesiam dignoscitur pertinere . yet this excommunication thus procured by bribery , proceeding not out of conscience to preserve the kings due rights , but selfe-respects to support the popes usurped interest and title to the realme ; and being a wicked plot of the king , more wickedly executed by the pope , ( who as matthew paris writes , was ad omnia scelera pro praemijs datis vel promissis cercus & proclivis ) and the londoners , barons , with divers prelates then contemning it , as pronounced upon false suggestions , and especially for this cause , that the ordering of temporall affaires belonged not to the pope , cum petro apostolo & ejus successoribus non nisi ecclesiasticarum dispositio rerum a domino sit collata potestas . and using likewise these memorable speeches in those blind daies against the pope and his usurped supremacy , with liberty . vt quid ad nos se extendit romanorum insatiata cupiditas ? quid episcopis apostolicis & militiae nostrae ? ecce successores constantini & non petri , non imitantur petrum in meritis , vel operibus ; nec assimulandi sunt in potestate . prob pudor , marcidi ribaldi , qui de armis vel literalitate minime norunt , jam toti mundo propter excom nunicationes suas volunt dominari ; ignobiles usurarij & simoniales . o quantum dissimules petro , qui sibi petri usurpant partem ? &c. i conceive this excommunication rather justifies then disproves the lawfulnesse of this their taking up of armes , and the warre insuing it being but for their owne just defence , when the king afterwards with fire , sword , and bloody barbarous forraigne forces wasted his realme in a most inhumane , tyrannicall maner , factus de rege tyrannus ; imo in bestialem prorumpens feritatem , &c. which necessitated the barons for their own preservation and the kingdoms ( devoted by this unnaturall prince to vassallage and utter desolation ) to elect lewis of france for their king : who , together with the peeres and estates of france , assembled at lions concerning this election ; resolved it to be just and lawfull , and the barons defensive warres against , and rejection of king iohn for his tyranny and oppressions , to be just and honourable , since they did but flee to these extraordinary remedies , and seeke for justice abroad , when they were denied it by him that should give it them in as ordinary way at home , chosing a king , in place of a tyrant , as m matthew paris , with the n generall history of france ( written by iohn de serres , and englished by edward grimston ) more largely manifest . secondly , the lawfulnesse and justnesse of the barons warres in defence of magna charta , with other their hereditary rights and liberties , appeares most evidently , by the resolution of all those parliaments summoned by king. henry the d. edward the . . richard the d. and other our succeeding kings ; which have many times , even by force of armes , or menaces ; and sometimes by faire termes , caused these kings by new acts of parliament to ratifie magnae charta , the charter of the forest , with other fundamentall liberties , thus forcibly extorted from king iohn at first ; and constrained them to confirme him with their oathes and solemne publicke p excommunications , to be published by the bishops in their dio●esse twice every yeare : oft solemnly vowing , and protesting , both in and out of parliament , to defend these lawes and liberties , with their estates , armes , lives , blood ; which their ancasters had purchased with their blood ; as i have manifested in the two first parts of this discourse : all which they would no doubt have forborne , had they deemed it high treason or rebellion in point of law , to take up armes against their kings in defence or these lawes and privileges ; neither would our kings and parliaments in times of peace , have so frequently confirmed these lawes and immunities , as just and necessary for the peoples welfare , had they reputed their former purchases and confirmations by warre and armes , no lesse then treason , or rebellion . and if it were neither treason nor rebellion in the judgements of our ancestors and those parliaments which procured , and ratified magna charta , to take up armes in defence thereof ; much lesse can it be treason or rebellion in the parliament and subjects now ( by votes , by ordinances of both houses ) with force of armes to preserve , not only these their hereditarie charters , lawes , priviledges , but their very lives , estates ; yea , the privileges and being of parliaments themselves , which are now invaded , endangered . what opinion the world had of the lawfulnesse of most of the barons warres in king henry the d. his raigne , against this troublesome persidious king , in defence of their lawes , liberties , estates , appeares first , by the dialogue betweene agnellus , a frier minorite , one of king henry his counsell , ( purposely sent to the earle marshall , then in armes against the king ) and this martiall earle , in the abbey of morgan . anno . i will first relate the true state of that warre , and then their dialogue concerning it : q king henry by the ill counsell of peter bishop of winchester , removed all his english officers , counsellors , and servants from his court , and put poictovines , and forraigners in their places , being ruled wholly by them ; withall he puts the english garisons out of all his castles , and substitutes forraigners in them , which dayly arived both with horse and armes in great multitudes , and much oppressed the people , calling them traitors ; so that the power and wealth of the realme was wholly under their command . the earle marshall seeing the noble and ignoble thus oppressed , and the rights of the kingdome like utterly to be lost ; provoked with a zeale of iustice , associating to himselfe other noble men , goes boldly to the king , reproves him in the hearing of many , for calling in those poictovines , by evill counsell , to the oppression of the kingdome , and of his naturall subjects , and likewise of lawes and liberties ; humbly beseeching him , hastily to correct these excesses , which threatned the imminent subversion both of his crowne and kingdome , which if he refused to doe , he and the other nobles of the realme , would withdraw themselves from his counsell , as long as he harboured those strangers . to which peter of winchester replyed : that the king might lawfully call in what strangers be would , for the defence of his kingdome and crowne , and likwise so many , and such , as might compell his proud and rebellious subjects to due obedience . whereupon the earle marshall and other nobles , departing discontented from the court , when they could get no other answer , promised firmely one to another ; that for this cause which concerned them all , they would manfully fight , even to the separation of soule and body . after which , they seeing more strangers arrive with horse and armes every day , sent word to the king ; that hee should foorthwith remove bishop peter , and all his strangers from his court , which if he refused , they all would by the common consent of the whole realm drive him , with his wicked counsellours , out of the realme , and consult of chusing them a new king. after these , and some other like passages , the king raysing an army , besiegeth one of the earles castles ; and not being able to winne it , and ashamed to raise his seige without gaining it , he sent certaine bishops to the earle , and requested him ; that since he had besieged his castle , and hee could not with honour depart without winning it , which he could not doe by force , that the earle to save his honour would cause it to be surrended to him , upon this condition , that hee would restore it certainely to him within . dayes , and that by advise of the bishops he would amend all things amisse in his kingdome ; for performance of which the bishops became his pledges , and the king appointed a meeting at westminster , on a set day betweene him and the lords : whereupon the earle surrendred the castle to the king , upon oath made by the bishops that it should be restored at the day . but the king refusing to deliver the earle the castle , according to promise , and threatning to subdue his other castles ; the earle hereupon raiseth his forces , winnes his castle againe , routs divers of the kings forraigne forces , at gorsemond , monmouth , and other places ; and invaded the lands of his enemies . vpon this occasion , frier agnellus ( or lambe ) acquaints the earle , what the king , together with his counsell and court , thought of his proceedings ; to wit , that the king said , he had proceeded over traiterously , and unjustly against him , yet he was willing to receive him into favour , if he would wholly submit himselfe to his mercy ; and that others held it not just , safe , and profitable for him to doe it ; because he had done wrong to the king , in that before the king had invaded his lands or person , he invaded and destroyed the kings lands , and slew his men ; and if he should say , he did this in defence of his body and inheritance ; they answered , no , because there was never any plot against either of them ; and that were it true , yet he ought not thus to breake forth against the king his lord , untill hee had certaine knowledge , that the king had such intensions against him : et ex tvnc liceret talia attemptare ; and from thenceforth he might lawfully attempt such things , ( by the courtiers and friers owne confessions : ) vpon which the marshiall said to frier lambe : to the first they say , that i ought to submit my selfe , because i have invaded the king : it is not true , because the king himselfe , ( though i have beene ever ready to stand to the law and judgement of my peeres in his court , and have oft times requested it by many messengers betweene us , which he alwaies denied to grant ) violently entred my land , and invaded it against all justice : whom hoping in humility to please , i freely entred into a forme of peace with him , which was very prejudiciall to me : wherein he granted , that if on his part all things were not punctually performed toward me , i should be in my pristine state before that peace conclnded ; namely , that i should be without this homage , and absolved from my allegiance to him , as i was at first by the bishop of saint davids ; seeing then hee hath violated all the articles of the peace , it was lawfvll for me , according to my agreement , to recover what was mine owne ; and to debilitate his power by all meanes ; especially seeing he endeavoured my destruction , dis-inheritance , and seizing of my body , of which i have certaine intelligence , and am able to prove it if neede be . and which is more , after the daies truce , before i entred wales , or made any defence , he deprived me of the office of marshall , without judgement , which belongs to me , and i have enjoyed by inheritance , neither would he by any meanes restore mee to it , though required . whence i have plainely learned , that he will keepe no peace with me , seeing since the peace hee handles me worse then before . whereby i ceased to bee his subject , and was absolved from his homage by him . wherefore it was , and is lawfull for me to defend my selfe , and to withstand the malice of his counsellors by all meanes . and whereas the kings counsellors say , it is profitable for me to submit to the kings mercy , because he is more rich and powerfull then i am . it is true , the king is richer and more potent then i , but yet he is not more powerfull then god , who is iustice it selfe , in whom i trust , in the confirmation and prosecution of my right , and of the kingdomes . and whereas they say , the king can bring in strangers of his kinred , who are neither scots , nor french , nor welsh , who shall make all his foes his foot-stoole , and come in such multitudes , as they shall cover the face of the earth , and that he can raise seven men to my one : i neither trust in strangers , nor desire their confederaciei nor will i invoke their aide , vnlesse , which god forbid , inopinata & immutabilis , fuero compulsus necessitate ; i shall be compelied by a sudden and immutable necessity ; and i beleeve by his counsells ill advise he will quickly bring in such multitudes of strangers , that he will not be able to free the kingdome of them againe ; for i have learned from credible men , that the bishop of winchester is bound to the emperour , that he will make the kingdome of england subject to him ; which god in his providence avert . and whereas they say , that i may confide in the king and his counsell , because the king is mercifull , credible , &c. it may well be that the king is mercifull ; but he is seduced be the counsell of those , by whom we feele our selves much hurt ; and he is noble and credible ( whom god long preserve so ) as much as in him lies ; but as for his counsell , i say , that no one promise made to me , was ever yet kept , and they have violated many corporall oathes made to me , and the oathes they tooke for observing magna charta , for which they remaine excommunicate and perjured . yea , they are enjured concerning the faithfull counsell which they have sworne to give to our lord the king , when as they have wilfully given him the counsell of achitophel , against justice ; and corrupted the just lawes they have sworne to keepe , and introduced unusuall ones : for which , and for many other things , for which neither god nor man ought to trust them , or their complices , are they not every one excommunicated ? rumor de veteri faciet ventura timeri : cras poterunt fieri turtia sicut heri . falix quem faciunt aliena pericula cautum . whereas the said counsellors of the king say , that i invaded the kings body at gorsmund castle , before the king had entred my land ; and so i did injurie to the king , for which i ought to implore his mercie , least others should take example thence to raise up armes against the king. i answer , that i was not there in person ; and if any of my family were thereby chance , they invaded onely the family of the king , not the person of the king : which yet if they had done , it were no wonder , seeing the king came with his army into my land , that he might invade me , and oppresse me by all the meanes he could , which may appeare to all by the tenor of his letters , by which hee made a generall assembly throughout england against my army . and since the premises objected against mee are false , and it is true , that the king hath treated me worse since the time i expected his mercy , then any time before , and doth yet use the same counsell as then ; and since he endeavours precisely to follow their counsels in all things , by whose advise i suffer all the premised grievances ; i ought not to prostitute my selfe to his mercy . neither would this be for the kings honour , that i should consent unto his will , which is not grounded upon reason . yea , i should doe an injury to him , and to iustice , which he ought to use towards his subjects , and to maintaine . and i should give an ill example to all , by deserting iustice , and the prosecution of right , for an erronious will against all iustice , and the injury of the subjects : for by this it would appeare , that we loved our worldly possessions , more then iustice it selfe . and whereas the kings counsellours object , that wee have combined with the kings capitall enemies , namely , the french , scots , welsh , out of hatred and dammage to king and kingdome : that of the french is altogether false , and that of the scots and welsh too ; excepting the king of scots , and leoline prince of northwales ; who were not the kings enemies , but faithfull friends , untill by injuries offered them by the king and his counsell , they were by coertion against their wills , alienated from their fidelitie , as i am . and for this cause i am confederated with them , that we may the better being united , then separated , regaine and defend our rights , of which we are unjustly deprived , and in a great part spoiled . whereas the kings counsell propose , that i ought not to confide in my confederates , because the king , without any great hurt to his land , can easily separate them from my friendship : of this i make no great doubt , but by this the iniquity of his counsellors doth most of all appeare : that in some sort they would cause the king to sustaine losse , by those whom he specially calls , capitall enemies , to injure mee who have alwaies beene his faithfull subject , whiles i remained with him , and yet would be so , if he would restore to me and my friends our right . whereas the said counsellors say , that the pope and church of rome , doe specially love the king and kingdome , and will excommunicate all his adversaries , which thing is even at the dores , because they have already sent for a legate : it pleaseth mee well , said the marshall ; because the more they love the king and kingdome , by so much the more will they desire that the king should treat his realme and subjects , according to justice : and i am well pleased they should excommunicate the adversaries of the kingdome , because they are those who give counsell against iustice , whom workes will manifest ; because iustice and peace have kissed each other ; and because of this , where iustice is corrupted , peace is likewise violated . also i am pleased that a legate is comming , because the more discreet men shall heare our justice , by so much the more vilely shall the adversaries of iustice be confounded . in which notable discourse we see the lawfullnesse of a necessary defensive warre yeelded and justified both by the king , his counsell , and the earle marshall , as well against the king himselfe , if he invade his subjects first , as any of his forces who assist him . after which the marshall slew many of his enemies by an ambuscado , while they thought to surprise him , and wasted and spoiled their goods , houses , lands ; observing this generall laudable rule which they made , to doe no hurt , nor ill to any one , but to the kings evill counsellors by whom they were banished , whose goods , houses , woods , orchards , they spoiled , burnt , and rooted up . the king remaining at glocester , heard of these proceedings of the marshall , but his forces being too weake , he durst not encounter him , but retired to winchester with bishop peter , confounded with over much shame , leaving that country to be wasted by his adversaries ; where innumerable carcases of those there slaine lay naked and unburied in the wayes , being food to the beasts and birds of prey : a sad spectacle to passengers , which so corrupted the ayre , that it infected and killed many who were healthy . yet the kings heart was so hardned , by the wicked councell he followed , against the marshall , that the bishops admonishing him to make peace with him , who fovght for ivstise : he answered , that he would never make peace with him , unlesse comming with an halter about his necke and acknowledging himselfe to be a traytor , he would implore his mercy . the marshall both in england and ireland ; professed that he was no traytor ; that his warre being but defensive , was just ; immutabiliter affirmant , quod li●uit sibi de jure quod suum crat repetere , & posse regis & consiliorum suorum , modis omnibus quibus poterat , infirmare . r william rishanger in his continuation of matthew paris , speaking of the death of simon monfort earle of leycester , slaine in the battle of ev●sham , the greatest pillar of the barrons warres ; useth this expression . thus this magnificent earle symon , ended his labors , who not onely bestowed his estate but his person also , for releiefe of the oppression of the poore ; for the asserting of iustice , and the right of the realme : he was commendably skilfull in learning , a dayly frequenter of divine offices , constant in word , severe in countenance , most confiding in the prayers of religious persons , alwayes very respectfull to ecclesiasticall persons . he earnestly adheared to robert grosthead bishop of lincolne , and committed his children to his education . by his advise he handled difficult things , attempted doubtfull things , concluded things begun , specially such things whereby he thought he might gaine desert . which bishop was said to have enjoyned him , as he would obtaine remission of his sinnes , that he should undertake this cause for which he contended even unto death , affirming , that the peace of the church of england could never be established , but by them materiall sword ; and constantly averring ; that all who died for it were crowned with martyrdome . some say that this bishop on a time , laying his hand on the head of the earles eldest sonne , said unto him . o most deare sonne , thou and thy father shall both dye on one day , and with one hand of death ; yet for justice and trvth . fame reports that symon after his death grew famous by many miracles , which for feare of the king came not in publicke . thus this historian , thus robert grosthead the most devout and learned bishop of that age , ( who most of any opposed the popes vsurpations and exactions ) determine of the justice and lawfulnesse of the barons warres ; walter bishop of worcester concurring in the same opinion with grosthead . the same ſ author rishanger records ; that the earle of glocester , a great stickler in these warres against the king , with whom at last he accorded ; signified to the king by his letters patents under his seale , that he would never beare armes against the king his lord , nor against his sonne prince edward , nisi defendo ; but onely in his defence : which the king and prince accepting of , clearely proves ; that defensive armes against king or prince were in that age generally reputed lawfull , by king prince , prelates , nobles , people . i may likewise adde to this what i read in t matthew westminster , that richard bishop of chichester the day before the battle of lewis against king henry and his sonne ( who were taken prisoners in it by the barons and . of their souldiers slaine ; ) absolved all that went to fight against the king their lord from all their sinnes . such confidence had he of the goodnesse of the cause and justnesse of the warre . in one word , the u oath of association prescribed by the barons to the king of romans , brother to king henry the third , in the . yeare of his raigne ; heare all men , that i richard earle of cornewall , doe here sweare upon the holy evangelists , that i shall be faithfull , and diligent to reforme with you the kingdome of england , hitherto by the councell of wicked persons overmuch disordered : and be an effectuall co●djutor to expell the rebells , and disturbers of the same . and this oath i will inviolaby observe , under pa●ne of losing all the lands i have in england : so helpe me god. which oath all the barrons and their associates tooke , ( by vertue whereof they tooke up armes against the kings ill councellors , and himselfe when he joined with them , ) sufficiently demonstrates their publicke opinions and judgements of the lawfulnesse , the justnesse of their warres ; and of all other necessarie defensive armes , taken up by the kingdomes generall assent for preservation of its lawes , liberties , and suppression of those rebels , and ill councellors who fight against , or labour to subvert them by their policies . x in the third yeare of king edward the d , this king revoking his great mynion piers gaveston , newly banished by the parliament into ireland , and admitting him into as great favour as before , contrary to his oath and promise : the barrons hereupon by common consent sent the king word ; that he should banish piers from his company according to his agreement , or else they would certain●ly rise up against him as a perjured person . vpon which the king much terrified suffers piers to abjure the realme ; who returning againe soone after to the court at yorke ; where the king entertained him ; the lords spirituall and temporall , to preserve he liberties of the church and realme , sent an honourable message to the king , to deliver piers into their hands , or banish him , for the preservation of the peace , treasure and weale of the kingdome ; this wilfull king denies their just request ; whereupon the lords thus contemned and deluded , raised an army , and march with all speede towards new-castle , not to offer inivrie or molestation to the king , but to apprehend peirs , and judge him according to law : upon this the king fleeth together with peirs to tinemouth , and from thence to scarborough castle , where piers is forced to render himselfe to the barrons , who at warwicke castle , ( without any legall triall by meere martiall law ) beheaded him , as a subvertor of the lawes , and an open traitor to the kingdome . for which facts this king afterwards reprehending and accusing the lords in parliament , in the th yeare of his raigne ; they stoutly answered , that they had not offended in any one point , bvt deserved his royal favovr , for they had not gathered force against him ( though he were in piers his company , assisted , countenanced , and fled with him ) bvt against the pvblicke enemie of the realme : whereupon there were two acts of oblivion passed by the king , lords and commons assembled in that parliament , ( printed in the y d part of old magna charta : ) the first , that no person ( on the kings part ) should be questioned , molested , impeached , imprisoned , and brought to judgement , for causing pierce to returne from exile , or harboring , councelling or ayding hi●●ere after his returne : the second on the barons part , in these words : it is provided by the king , and by the archbishops , bishops , abbots , priors , earles , bar●s and commons , of the realme , assembled according to our command , and unanimously assented and accorded , that none of what estate or condition soever he be , shall in time to come be appealed or challenged , for the apprehending , deteining , or death of peirsde gaveston , nor shall for the said death be apprehended , nor imprisoned , impeached , molested , nor grieved , nor judgement given against him by us , nor by others at our suite , nor at the suite of any other , either in the kings court or elsewhere . which act the king by his writ , sent to the judges of the kings bench , commanding that this grant and concord shall be firme and stable in all its points , and that every of them should be held , and kept in perpetuitie ; to which end he commands them to cause this act to be there inrolled , and firmely kept for ever . a pregnant evidence that the barons taking up armes then against this traytor and enemie of the realme , in pursuance of the act and sentence of parliament for his banishment , though the king were in his company , and assisted him all he might , was then both by king and parliament , adjudged no treason , nor rebellion at all in point of law , but a just & honorable action : wherefore their taking up armes is not mentioned in this act of oblivion , seeing they all held it just , but their putting piers to death , without legall triall ; which in strictnesse of law , could not be justified . now whether this be not the parliaments and kingdomes present case in point of law ( who tooke up armes principally at first , for defence of their owne priviledges of parliament , and apprehention of delinquents who seducing the king withdrew him from the parliament , and caused him to raise an army to shelter themselves under its power against the parliament ) let every reasonable man determine : and if it be so , we see this ancient act of parliament resolves it , to be no high treason , nor rebellion , nor offence against the king ; but a just , lawfull act , for the kings , the kingdomes honour and safety . not long after this , the two z spensers getting into the kings favour , and seducing , miscouncelling him as much as gaveston did ; the lords and barrons hereupon in the th and th yeares of his raigne , confederated together , to live and dye for justice , and to their power to destroy the traitors of the realme , especially the two spensers : after which they raised an army , whereof they made thomas earle of lancaster generall ; and meeting at sherborne , they plunder and destroy the spensers castles , mannors . houses , friends , servants , and marching to saint albanes with ensignes displayed , sent messengers to the king then at london , admonishing him not onely to rid his court but kingdome , of the traitors to the realme , the spensers ( condemned by the commons in many articles ) to preserve the peace of the realme ; and to grant them and all their followers lette●s pattents of indemnity , for what they had formerly done . which the king at first denied but afterwards this armie marching up to london , where they were received by the city , he yeelded to it , and in the th yeare of his raigne by a speciall act of parliament the said spensers were disinherited and banished the realme ( formis-councelling the king , oppressing the people by injustice , a vising him to levie warre upon his subjects , making evill iudges and other officers to the hurt of the king and kingdome , ●ng●ossing the kings eare , and usurping his royall authority ) as enemies of the king and of his people : and by another act of parliament , it was then provided , that no man should be questioned for any felonies or trespasses committed in the prosecution of hugh ●e de pensers the father and sonne ; which act runnes thus ? whereas of late many great men of the realme surmised to sir hugh le despenser the sonne and father , many misdemeanors by them committed against the estate of our lord the king and of his crowne , and to the disinheritance of the great men and destruction of the people , and pursued those misdemeanors and attainder of them by force , because they could not be attainted by processe of law , because that the said sir hughes had accroached to them the royall power in divers manner : the said grandees having mutually bound themselves by oath in writing , without the advise of our lord the king ; and after in pursuing the said hugh and hugh , and their alies and adherents , the said great men and others , riding with banners displaied , having in them the armes of the king and their owne ; did take and occupie the chattels , villages , mannors ; lands , tenements , goods , and likewise take and imprison some of the kings leige people and others , tooke some and slew others , and did many other things , in destroying the said hugh and hugh , and their alies , and others in england , wales , and in the marches , whereof some things may be said trespasses , and others felonies : and the said hugh and hugh , in the parliament of our lord the king , sommoned at westminster three weekes after the nativitie of saint john baptist the . yeare of his raigne , for the said misdemeanors were fore judged and banished the realme , by a vote of the peeres of the land ; and the foresaid great men in the said parliament , shewed to our lord the king , that the things done in the pursuite of the said hugh and hugh , by reason of such causes of necessity , cannot be legally redressed or punished without causing great trouble , or perchance warre in the land , which shall be worse ; and prayed our lord , that of all alliances , trespasses and felonies they might be for ever acquitted , for the preservation of peace , the avoyding of warre , and asswaging of angers and rancors , and to make unitie in the land ; and that our lord the king may more intirely have the hearts and wills of the great men and of his people , to maintaine and defend his lands , and to make warre upon and grieve his enemies . it is accorded and agreed in the said parliament by our lord the king , and by the prelates , earles , barrons , and commons of the realme there assembled by command of our lord the king , that none of what estate or condition soever he be for alliance , at what time soever made , by deed , oath , writing , or in other manner , nor for the taking , occupying , or detainer of chattels , towns , mannors , lands , tenements , and good taken , imprisoning or ransoming the kings leige people , or of other homicides , robberies , felonies , or other things which may be noted as trespasses or fellonies committed against the peace of the king by the said great men , their allies , or adherents in the pursuite aforesaid , since the first day of march last past , till the thursday next after the feast of the assumption of our ladie , to wit , the . day of august next ensuing , be appealed , nor challenged , taken nor imprisoned , nor grieved , nor drawne into judgement by the king , nor any other at the suite of any other which shall be in the kings court or in any place else ; but that all such trespasses and felonies shall be discharged by this accord and assent : saving alwaies to all men , but to the said hugh and hugh , action and reason to have and recover their chattels , farmes , mannors , lands , tenements , wards and marriages according to the lawes and customes used in the realme , without punishment against the king , or damages recovered against the party for the time aforesaid . for which end they prescribed likewise a charter of pardon annexed to this act according to the purport of it which every one that would might sue out , which charter you may read in old magna charta . from which act of parliament i shall observe these three things . first , that this their taking up armes to apprehend the spens●rs as enemies to the king and kingdom , and marching with banners displayd , was not then reputed high treason or rebellion against the king , though it were by way of offence , not of defence , and without any authority of parliament : for there is not one word of treason or rebellion in this act , or in the charter of pardon pursuing it : and if it had beene high treason , this act and charters on it extending onely to fellonie and trespasses not to treasons and rebellions , would b not have pardoned these transcendent capitall crimes . secondly , that the unlawfull outrages , robberies , and murders committed by the souldiers on the kings leige people , and not on the two spensers the sole delinquents , were the occasion of this act of oblivion and pardon , not the armed pursuing of them , when they had gotten above the reach of law. thirdly , that though this were an offensive not defensive warre , made without common assent of parliament , and many murthers , robberies , and misdemeanors committed in the prosecution of it upon the kings leige people who were no delinquents ; yet being for the common good to suppresse and banish these ill councellors , enemies , traytors to king and kingdome , the king and parliament thought it such a publicke service as merited a pardon of these misdemeanors in the carriage of it , and acquitted all who were parties to it , from all suites and punishments . all which considered , is a cleare demonstration , that they would have resolved our present defensive warre , by authoritie of both houses , accompanied with no such outrages as these ; for the apprehension of such as have beene voted traytors and delinquents by parliament , and stand out in contempt against its justice , for the defence of the priviledges and members of parliament , the liberties and properties of the subject , the fundamentall lawes of the realme , the protestant religion now indangered by papists up in armes in england and ireland to extirpate it , and the removing ill counsellors from his majestie ; to be no high treason , rebellion or offence at all against the king , but a just and lawful act , the very miscarriages wherof in the generall ( except in such disorderly souldiers for whom martiall law hath provided due punishments ) deserve a publike pardon both from king and kingdome . and to put this out of question ; as no fancie of mine owne , we have an expresse act of parliament , resolving the taking up of armes by the queene , prince , ( both but subjects and capable of high treason in such a case as well as others ) the nobles and people of the realme against these two spensers and other ill counsellors about this king in the last yeare of his raigne , ( though the king himself were in their company , and taken prisoner by the forces raised against them , ) for the necessary preservation , reliefe , and safety of the queene , prince , nobles , kingdome , to be no high treason nor offence at all : namely , the statute of e. . c. . . , which i shall recite at large . whereas hugh spenser the father , and hugh spenser the sonne , late at the suite of thomas then earle of lancaster and leycester , and steward of england , by the common assent and vote of the peers and commons of the realme , and by the assent of king edward father to our soveraigne lord the king , that now is , as traitors & enemies of the king , & of the realme , were exiled , disinherited and banished out of the realme for ever . and afterward the same hugh by evill councell , which the king had about him , without the assent of the peeres and commons of the realme , came againe into the realme : and they with other procured the said king to pursue the said earle of lancaster , and other great men and people of the realme , in which pursuite the said earle of lancaster and other great men and people of the realme , were willingly dead and disinherited , and some outlawed , banished , and disinherited ; and some disinherited and imprisoned , and some ransommed and disherited : and after such mischiefe the said hugh and hugh master robert bald●cke and edm●nd earle of arundell usurped to them the royall power , so that the king nothing did , nor would doe , but as the said hugh and hugh , rob●rt and edmond earle of arundell did councell him , were it never so great wrong : during which usurpation , by duresse and force against the will of the commons , they purchased lands , as well by fines levied in the court of the said edward , as otherwise : and whereas after the death of the said earle of lancaster , and other great men , our soveraigne lord the king that now is , and dame isabel queene of england , his mother , by the kings will and common councell of the realme , went over to france , to treate of peace betweene the two realmes of england and france , upon certaine debates then moved . the said hugh and hugh , robert and edmond earle of arundell continuing in their mischiefe , encouraged the king against our soveraigne lord the king that now is , his sonne , and the said queene his wife , and by royall power which they had to them encroached , as afore is said , procured so much grievance by the assent of the said king edward , to our soveraigne lord the king that now is , and the queene his mother , being in so great jeopardy of themselves in a strange country , and seeing the destruction , dammage , oppressions , and distractions which were notoriously done in the realme of england , upon holy church , prelates , earles barons , and other great men , and the commonalty by the said hugh and hugh , robert and edmond earle of arundell by the encroaching of the said royall power to them , to take as good councell therein as they might . and seeing they might not remedie the same unlesse they came into england , with an army of men of warre ; and by the grace of god with such puissance , and with the helpe of great men and commons of the realme , they have vanquished and destroyed the sayd hugh and hugh , robert and edmond : wherefore our soveraigne lord king edward that now is , at his parliament holden at westmiuster , at the time of his coronation , the morrow after candlemas , in the first yeare of his reigne , upon certaine petitions and requests made unto him in the said parliament upon such articles above rehearsed , by the common councell of the prelates , earles , barons , and other great men , and by the commonalty of the realme , there being by his commandment , hath provided , ordained and stablished in forme following . first , that no great man , or other of what estate , dignity , or condition he be , that came with the said king that now is , and with the queene his mother into the realme of england , and none other dwelling in england , who came with the said king that now is , and with the queene , in ayde of them to pursue their said enemies , in which pursuite the king his father was taken and put in ward , and yet remaineth in ward , shall not be molested impeached or grieved in person or goods , in the kings court , or other court , for the pursuite of the said king , taking and with holding of his body , nor pursuite of any other , nor taking of their persons , goods , nor death of any man , or any other things perpetrate or committed in the said pursuite , from the day the said king and queene did arme , till the day of the coronation of the same king : and it is not the kings minde , that such offenders that committed any trespasse or other offence out of the pursuites should goe quit , or have advantage of this statute , but they shall be at their answere for the same at the law. item , that the repeale of the said exile which was made by dures and force be ad●ulled for evermore , and the said exile made by award of the peeres and commons , by the kings assent as before is said , shall stand in his strength in all points , after the tenure of every particular therein contained . item , that the executors of the testament of all those that were of the same quarrell dead , shall have actions and recover the goods and chattels of them , being of the said quarrell , whose executors they be ; as they of the same quarrell should , &c. certainely here was an higher pursuite and levying warre against the king and his evill councellors , then any yet attempted by this parliament ; and a warre rather offensive , then defensive , in which the king himself was both taken and detained priso●r , and then forced to resigne his crowne to his sonne ; yet this is here justified , as a necessary , just and lawfull warre by an act of parliament , never yet repealed ; and all that bare armes against the king and his ill councellors , yea they who pursued , apprehended , and imprisoned the king himselfe , are , as to this particular , discharged by the king , and whole parliament from all manner of guilt , of punishment , or prosecution whatsoever against them . which consideration makes me somewhat confident , that this king and the parliament held in the . yeare of his raigne , ch . . which declares it high treason , to levie warre against the king in his realme , did never intend it of a necessary defensive warre against a seduced king and his evill councellors ( especially by the votes of both houses of parliament , who doubtlesse would never passe any act to make themselves , or their posteritie in succeeding parliaments , traytors , for taking up meere necessary defensive armes for their owne , and the kingdomes preservation ) for that had beene diametra●ly contrary to this statute , made in the very first yeare and parliament of this king ; and would have l●yd an aspertion of high treason upon the king himself , the queene his mother , their own fathers , and many of themselves ; who thus tooke up armes and made a defensive kinde of warre upon king ●dward the d , taking him prisoner : but onely to rebellious insurrections , of private persons , without any publick authority of parliament , or the whole kingdome in generall ; and of meere offensive warres against the king without any just occasion , hostilitie or violence on the kings part , necessitating them to take up defensive armes : which i humbly submit to the judgement of those grand rabbies and sages of the law , and the honorable houses of parliament , who are best able to resolve , and are the onely iudges to determine this point in controversie , by the expresse letter and provision of . ed. . ch . . of treasons . in the c first yeare of king richard the d. john mercer a scot , with a navie of spanish , scottish & french ships much infested the marchants and coasts of england taking many prises without any care taken by the king , lords , or councell to resist them . whereupon iohn philpot a rich merchant of london , diligently considering the defect , that i say not treachery of the duke of i ancaster , and other lords who ought to defend the realme , and grieving to see the oppressions of the people , did at his proper charge hire a thousand souldiers and set out a fleete , to take the said mercers ships , with the goods he had gotten by pyracie , and defend the realme of england from such incursions : who in a short time tooke m●rcer prisoner , with . spanish ships , and all the booties he had gained from the english : whereat all the people rejoyced exceedingly , commending and extolling philpot for the great love he shewed to his countrey , and casting out some reproachfull words against the nobles and kings councell who had the rule of the kingdome and neglected its defence : whereupon the nobility , earles and barons of the realme , conscious of this their negligence , and envying philpo● for this his noble praise-worthy action , began not onely secretly to lay snares for him , but openly to reproach him , saying : that it was not lawfull for him to doe such things without the advise or councell of the king and kingdome : quasi non licuisset benefacere regi velregno sine consilio comitum & baronum : ( writes walsingham ) as if it were not lawfull to doe good to the king or kingdome , without the advise of the earles and barrons , or lords of the privie councell . to whom objecting these things , and especially to hugh earle of stafford , who was the chiefe prolocutor and spake most against it , iohn philpot gave this answere : know for certaine , that i have destinated my money , ships , and men to sea to this end , not that i might deprive you of the good name and honour of your militia , or warlike actions , and engrosse it to my selfe , but pittying the misery of my nation and country , which now by your sloathfulnesse , of a most noble kingdome , and lady of nations , is devolved into so great misery , that it lyeth open to the pillage of every one of the vilest nations , seeing there is none of you , who will put your hand to its defence . i have exposed me and mine therefore for the salvation of my proper nation , and frteing of my country . to which the earle and others had not a word to reply . from this memorable history and discourse ( which i have translated verbatim out of walsingham , ) i conceive it most evident , that in the default of king and nobles , it is lawfull for the commons and every particular subject without any commission from the king or his councell , in times of iminent danger , to take up armes and raise forces by sea or land to defend the king and his native country against invading enemies ; as philpot did , without offence or crime . then much more may the houses of parliament , the representative body of the whole kingdome , and all private subjects by their command , take up necessary defensive armes against the kings popish and malignant forces to preserve the king , kingdome , parliament , people from spoyle , and ruine . in c the . yeare of king richard the d. there arose a great difference betweene the duke of lancaster , & the king & his young complices , who conspired the dukes death ; agreeing sodainely to arrest and arraigne him before robert trisilian chiefe iustice , who boldly promised to passe sentence against him , according to the quality of the crimes objected to him . vpon this the duke having private intelligence of their treachery , to provide for his owne safety , wisely withdrew himselfe , and posted to his castle at ponfract , storing it with armes and victualls . hereupon not onely a private but publicke discord was like to ensue ; but by the great mediation and paines of ione the kings mother , an accord and peace was made betweene them : and this defence of the duke by fortifying his castle with armes against the king and his ill instruments for his owne just preservation , held no crime . if such a defence then were held just and lawfull in one particular subject and peere of the land onely , much more must it be so in both houses of parliament , and the kingdome , in case the kings forces invade them . in the e th yeare of king richard the second this unconstant king being instigated by michael de la pole , robert v●ere duke of ireland , alexander nevill archbishop of yorke . robert trysilian . and other ill councellors and traytors to the kingdome , endeavoured to seize upon the duke of glocester , the earles of arundell , warwicke , derby , notingham , and others who were faithfull to the kingdome , and to put them to death , having caused them first to be indighted of high treason at nottingham castle , and hired many souldiers to surprise them : hereupon these lords for their owne just defence , raised forces and met at harynggye parke with a numerous army : whereat the king being much perplexed , advised what was best for him to do . the archbishop of yorke and others of his ill councell , advised him to gee forth and give them battle ; but his wisest councellors disswaded him , affirming , that the king should gaine no benefit if hee vanquished them and should sustaine great dishonour and losse if he were conquered by them . in the meane time hugh linne an old souldier , who had lost his senses , and was reputed a foole , comming in to the councell , the king demanded of him in jest , what hee should doe against the nobles met together in the said parke ? who answered ; let us goe forth and assault them , and slay every mothers sonne of them , and by the eyes of god , this being finished , thou hast slaine all the faithfvll friends thou hast in the kingdome . which answere , though uttered foolishly ; yet wise men did most of all consider . at last is was resolved by the mediators of peace , that the lords should meete the king at westminster , and there receive an answere to the things for which they tooke armes ; thither they came strongly armed with a great guard , for feare of ambuscadoes to intrap them : where the chauncellour in the kings name spake thus to them . my lords , our lord the king hearing that you were lately assembled at harenggye parke in an unusuall manner ; would not rush upon you as he might have easily done , had he not had care of you , and those who were with you : because no man can doubt , if he had raised an army , he would have had many more men than you , and p●rchance much blood of men had beene spilt , which the king doth most of all abhorre , and therefore assuming to himselfe patience and mildnesse , he hath made choyce to convent you peceably , and to tell him the reason why yoy have ass●mbled so many men . to which the lords answered , that they had met together for the good of the king and kingdome ; and that they might pvll away those traitors from him , which he continvally det ained with him . the traytors they appealed were the foresaid ill councellors , and nicholas brambre the false london knight : and to prove this appeale of them true , casting down their gloves they said they would prosecute it by duell : the king answered ; this shall not be done now , but in the next parliament , with we appoint to be the morrow after the purification of the blessed virgin , to which as well you as they comming , shall receive satisfaction in all things according to law. the lords for their owne safety kept together till the parliament , and in the meane timed feated the forces of the duke of ireland , raised privately by the kings command to surprise them . the parliament comming on the . yeare of richard the second : these ill councellors were therein , by speciall acts attainted , condemned of high treason , and some of them executed ; and these defensive armes of the lords , for their owne and the kingdomes safety , adjudged and declared to be no treason : but a thing done to the honour of god and salvation of the king and his realme : witnesse the expresse words of the printed act of r. . c. . which i shall transcribe . our soveraigne lord the king amongst other petitions and requests to him made by the commons of his said realme in the said parliament , hath received one petition in the forme following . the commons prayed , that whereas the last parliament for cause of the great and horrible mischiefes and perills which another time were fallen by evill governance which was abovt the kings person , by all his time before by alexander late archbishop of yorke , robert de veere late duke of ireland , michael de la pole late earle of suffolk , rober : trisilian late iustice , and nicholas brambre knight , with other their adherents , and others , whereby the king and all his realme , were very nigh● to have beene wholly undone and destroyed ; and for this cause , and to eschew such perils and mischiefes for the time to come , a certaine statute was made in the same parliament , with a commission to diverse lords , for the weale , honour and safeguard of the king , his regalty and of all the realme , the tenour of which commission hereafter followeth : richard , &c. as in the act. and thereupon the said alexander , robert , mighill , robert , and nicholas and their said adherents , seeing that their said evill governance should be perceived , and they by the same cause more likely to be punished by good justice to be done , and also their evill deedes and purposes before used to be disturbed by the sayd lords assigned by commission as afore ; made , conspired , & purposed divers horrible treasons , and evils against the king , and the said lords so assigned , and against all the other lords and commons , which were assenting to the making of the said ordinance and commission , in destruction of the king , his regalty , and all his realme . whereupon thomas duke of glocester the kings vncle , richard earle of arundle , and thomas earle of warwicke , perceiving the evill purpose of the sayd traytors , did assemble themselves in forcible manner for the safety of their persons to shew and declare the said treasons and evill purposes , and thereof to set remedie ; as god would , and came to the kings presence , affirming against the said . traytors appealed of high treason , by them done to the king , and to his realme : upon which appeale the king our soveraigne lord , adjourned the said parties till this present parliament , and did take them into his safe protection , as in the record made upon the same appeale fully appeareth . and afterwards in great rebellion , and against the said protection , the said traytors , with their said adherents and others aforesaid , continuing their evill purpose , some of them assembled a great power ( by letters and commission from the king himselfe , as walsingham and others write ) to have destroyed the said duke and earles appellants , and other the kings lawfull leige people , and to accomplish their treasons and evill purposes aforesaid . whereupon the said duke of glocester , henry earle of darby , the sayd earles of arundell and warwicke , and thomas earle marshall , seeing the open destruction of the king and all his realme , if the said evill purposed traitors and their adherents , were not disturbed , which might not otherwise have beene done , but with strong hand ; for the weale and safeguard of the king our soveraigne lord , and of all his realme , did assemble them forcibly , and rove and pursued till they had disturbed the said power gathered by the said traytors , and their adherents aforesaid , which five traytors be attainted this present parliament of the treasons and evills aforesaid , at the suite and appeale of the said duke of glocester , earles of darby , arundle , warwicke , and marshall . that it would please our redoubled soveraigne lord the king to accept , approve , and affirme , in this present parliament , all that was done in the last as afore , and as much as hath beene done since the last parliament by force of the statute , ordinance , or commission aforesaid ; and also all that the said duke of glocester earles of arundell and w●rwicke did ; and that the same duke and earles , and the said earles of derby , and marshall or any of them did , or any other of their company or of their ayde , or of their adherents , or of any of them , or touching the assemblies , ridings , appeales , and pursuites aforesaid , * as a thing made to the honour of god , salvation of the king , maintenance of his crowne , and also of the salvation of all his realme ( therefore doubtlesse no treason rebellion , nor any offence in point of law : ) and also to ordaine and stablish , that the said duke of glocester , earles of darby , arundell , warwicke and marshall , nor none of them , nor none of such as have beene of their returne , or company , force , ayde or councell , or any of them in the things aforesaid , nor none other person for any thing aforesaid shall be impeached , molested , or grieved at the suite of the king , nor of the party , nor in other manner , because of any assembly , riding , beating , levying of penons , or of banners , discomfiture , death of a man , imprisonment of any person , taking , leading away , or detinue of any horses or of any other beasts , taking or carriage of goods , harnesse , armour , cattle , and other ●ovable goods , breaking of houses , or of other possessions or goods , assault , battery , robberies , thefts , comming or tarrying with force and armes , or armed in the kings presence at the parliament , or councell , or else where . raysing of people , or exciting the people to rise forcibly against the peace by letters , commissions , or any other deeds , or of any other thing that may be furni●hed by them , or any of them , or ought or purposed to have beene done from the beginning of the world , touching any of the said matters before the end of this present parliament by any imagination , interpretation , or other colour , but shall bee quit and discharged for ever : except that the king be answered of all the goods , and cattels that were to them which be attainted in this present parliament , or to any of them , and which goods and things were taken by any person the first day of january last past , or after hitherto . we considering the matter of the said petition to be true , and the request of the said commons in this party * to be to the honour of god , and the profit of us and our realme , of the assent of the prelates , dukes , earles , barrons and all others of this present parliament , doe garnt the requests of the said commons in all points , after the forme of the said petition . and moreover of the assent aforesayd , we will and grant for the greater quietnesse of our said realme , though that the said duke or earles appellants , or any other of their company , retinue , force , ayde , councell or adherents , or any of them have taken , led away , or withholden any of our iusticers , or any other of our ministers , in disturbance of execution of the law of our realme of england , or in other manner , or that they have taken any manner of person as traitors to us or to our realme , or other person , and the same have voluntarily suffered to goe at large , or escape beyond the sea from the th day of novemb. last past , till the end of this present parliament ; that they nor any of them be for this cause impeached , molested , nor grieved any manner of way at the suite of us , our heires , nor none other party , but thereof they shall be quit , and discharged for ever ; nor that they nor any of them be in any wise molested , grieved , nor impeached at the suite of us , our heires , or other party for any thing done at any time for to attaine to their purpose against the said appealers or any of them , or against any other person for this cause , nor for any other thing or deed to affirme the same purposes , till the end of this present parliament , but thereof shall be acquitted . this act with others made the same parliament continued inviolable without dispute for yeers space , during w ch there were . more parliaments held w ch approved it : but in r. . the king having f violently seised upon the duke of glocester & the earles of warwicke and arundell , and packed a parliament to his minde , by not summoning any lords thereto but those o● his party , by causing divers knights and burgesses of his own nomination , never chosen by the people , to be returned in divers places , and overawing the rest with a guard or . cheshire archers , caused these lords to be illegally attainted of treason upon fained pretences , out of this old grudge , and the acts of this parliament to be reversed ; yet not this act , as i conceive , which is part of it , being specially saved by . r. . c. . but however by the statute of h. . c. . . the parliament of . was wholly repealed , reversed , revoked , voyded , undone and anulled for ever , with all the acts , circumstances , and dependants thereof : and this parliament of . r. . enacted to be firmely holden and kept after the purport and effect of the same ; as a thing made for the great honour and common profit of the realme , and ch . . it is ordained and assented , that the lords and other which were forejudged in the parliament holden the said . yeare , or by authority of the same , which now be in life , and the heires of the lords and others that be dead , shall be wholly restitute and restored to their names , all manner of inheritaments and possessions , reversions , fees , reversions , offices , liberties , and franchises as intirely as the said lords and others which be in life , or the lords and other which be dead , ancestors of the heires , or the feoffees of the said lords or other aforesaid , or other feoffees to their use , were at the time of the judgement given against them , the said yeare , by entrie , without other suite thereof to be made , or livery to be had of the same . and all the goods and chattels which were the said lords , or the other persons aforesaid , so forejudged , whereof the king is not answered , and be in the hands of the sheriffes , escheators , or other officers , ministers , or any other and concealed by them , the king wills and granteth , that the same lords and other which now be in life , and the executors , and administrators of them that be dead ; shall have thereof delivery and restitution ; and that the sheriffes , escheators , officers and ministers so occupying the said goods and chattels by such concealment , bee punished for the same concealement . so that by the expresse resolution of these two severall parliaments , these lords and commons taking up defensive armes and making war against those wicked councellours of this king which sought their ruine , and endeavoured the destruction of the realme ( though they had the kings presence and commissions to countenance all their actions and proceedings of this nature , and the lords wanted the ordinances of both houses to authorize this their arming , and war ) was solemnely declared and adjudged , to be no treason nor rebellion at all , nor levying of warre against the king , within the statute of . e. . but contrarywise ; a thing done to the honour of god , the salvation of the king , ( for if the kingdome perish or miscarry , the king as king must needs perish with it ) the maintenance of his crowne , ( supported onely by the maintenance of the kingdomes welfare ) and the salvation and common profit of all the realm : and this being one of the first solemne judgements ( if not the very first ) given in parliament after the making of the statute of e. . which hath relation to its clause of levying war , must certainely be the best exposition of that law : which the parliament onely ought to interpret , as is evident by the statute of . r. . c. . ( it is ordained and stablished , that every man which , &c. or he that raiseth the people and riseth against the king to make warre within his realme ; and of that be duly attainted and judged in the parliament shall be judged as a traytor of high treason against the crowne , ) and other forecited acts : and if this were no treason , nor rebellion , nor trespasse in the barons against the king or kingdome ; but a warre for the honour of god , the salvation of the king , the maintenance of his crowne , the safety and common profit of all the realme ; much more must our parliaments present defensive warre against his majesties ill councellors , papists , malignants , delinquents , and men of desperate fortunes , risen up in armes against the parliament , lawes , religion , liberties , the whole kingdomes peace and welfare , be so too ; being backed with the very same , and farre better , greater authority , and more publike reasons then their warre was , in which the safety of religion was no great ingredient , nor the preservation of a parliament from a forced dissolution , though established and perpetuated by a publike law. king henry the th , taking up armes against king richard , and causing him to be articled against , and judicially deposed in and by parliament for his male-administration ; it was enacted by the statute of . hen . cap. . that no lord spirituall nor temporall , nor other , of what estate or condition that he be , which came with king henry into the realme of england , nor none other persons whatsoever they be , then dwelling within the same realme , and which came to this king in aide of him , to pursue them which were against the kings good intent , and the common profit of the realme , in which pursuit richard late king of england , the second after the conquest , was pursued taken and put in ward , and yet remaineth in ward , be impeached , grieved , nor vexed in person , nor in goods , in the kings court , nor in none other court , for the pursuites of the said king , taking and with-holding of his body , nor for the pursuits of any other , taking of persons and cattells , or of the death of a man , or any other thing done in the said pursuite , from the day of the said king that now is arived , till the day of the coronation of our said soveraigne lord henry . and the intent of the king is not , that offendors which committed trespasses , or other offences out of the said pursuits , without speciall warrant , should be ayded , nor have any advantage of this statute , but that they be thereof answerable at the law. if those then who in this offensive warre assisted henry the th . to apprehend , and depose this persidious , oppressing tyrannicall king , seduced by evill counsellors and his owne innate dis-affection to his naturall people , deserved such an immunity of persons and goods , from all kinds of penalties , because though it tended to this ill kings deposition , yet in their intentions it was really for the common profit of the realme , as this act defines it . no doubt this present defensive warre alone against papists , delinquents , and evill counsellors , ( who have miserably wasted , spoiled , sacked many places of the realme , and fired others in a most barbarous maner , * contrary to the law of armes and nations , and labour to subvert religion , laws , liberties , parliaments , and make the realm a common prey ) without any ill intention against his majesties person , or lawfull royall authority , deserves a greater immunity ; and can in no reasonable mans judgement , be interpreted any treason , or rebellion against the king , or his crowne , in law or conscience . in g the . yeare of king henry the th . ( a weake prince wholly guided by the queene and duke of somerset , who ruled all things at their wills , under whose government , the greatest part of france was lost ; ) all things went to ruine both abroad and at home ; and the queene ( much against the lords and peoples mindes ) preferring the duke of sommerset to the captain ship of calice , the commons and nobility were greatly offended thereat , saying , that he had lost normandy , and so would he do● calice . hereupon the duke of yorke , the earles of warwicke and salisbury , with other their adherents , raised an army in the marches of wales , and marched with it towards london , to suppresse the duke of sommerset with his faction , and reforme the governement . the king being credibly informed hereof , assembled his host , and marching towards the duke of yorke and his forces , was encountred by them at saint albanes , notwithstanding the kings proclamation to keepe the peace ; where in a set battell , the duke of somerset , with divers earles , and . others were slaine on the kings part , by the duke of yorke , and his companions , and the king●● a manner defeate . the duke after this victory obtained , remembring that he had oftentimes declared and published abroad ; the onely cause of this war to be , the advancement of the publike weale , and to set the realme in a more commodiovs state and better condition ; vsing all lenity , mercy , and bounteousnesse , would not once touch or apprehend the body of king henry , whom he might have slaine , and utterly destroyed , considering that hee had him in his ward , and governance ; but with great honour and due reverence , conveyed him to london ; and so to westminster : where a parliament being summoned and assembled soone after ; it was therein enacted , that no person should either judge or report any point of untruth of the duke of yorke , the earles of salisbury and warwicke , for comming in warlike manner against the king at saint albanes . considering that their attempt and enterprise , was onely to see the kings person in safeguard and sure-keeping , and to put and alien from him the publike oppressors of the common wealth ; by whose misgovernance , his life might be in hazard , and his authority hang on a very small thred . after this , the h duke , and these earles raised another army , for like purpose , and their owne defence in the and yeares of h. . for which they were afterwards , by a packed parliament at coventree , by their enemies procurement , attainted of high treason , and their lands and goods confiscated . but in the parliament of . h. . cap. . the said attainder , parliament , with all acts and statutes therein made , were wholly reversed repealed , annulled ; as being made ●y the excitation and procurement of seditious ill disposed persons for the accomplishment of their owne rancor and covetousnesse , that they might injoy the lands , offices . possessions , and goods of the lawfull ●ords and liege people of the king ; and that they might finally destroy the laid lawfull lords , and liege people , and their issues and heires for ever ( as now the kings ill counsellors , and hungry cavalleers seek to destroy the kings faithfull liege lords and people , that they may gaine their lands and estates ; witnesse the late intercepted le●ter of sir iohn brooks , giving advise to thus purpose to his majestie : ) and this assembl● was declared ; to be no lawful parliament , but a devillish counsell , which desired more the destruction then advancement of the publike weale ; and the duke , earles , with their assistants were restored , and declared to be faithful and lawful lords , and faithful liege people of the realme of england , who alwaies had great and fathfull love to the preferrement and surety of the kings person , according to their duty . if then these two parliaments acquitted these lords and their companions , thus taking up armes , from any the least guilt of treason and rebellion against the king , because they did it onely for the advancement of the publike weale , the setting the realme in a better condition the removing ill counsellors , and publike oppressors of the realme from about the king , and to rescue his person out of their hands : then questionlesse by their resolutions , our present parliaments taking up defensive armes , upon the selfe-same grounds , and other important causes ( and that by consent of both houses , which they wanted ) can be reputed no high treason nor rebellion against the king in point of law ; and no just , no rationall iudge or lawyer can justly averre the contrary , against so many forecited resolutions in parliament , even in printed acts. the i earle of richmund , afterward king henry the seventh , taking up armes against richard the third , ( a lawfull king , defacto , being crowned by parliament ; but an vsurper and bloody ●yrant in verity ; ) to recover his inheritance , and title to the crowne , and ease the kingdome of this unnaturall blood-thirsty oppressor , before his fight at boswell field , used this oration to his souldiers , pertinent to our purpose . if ever god gave victory to men fighting in a just quarrell ; or if he ever aided such as made warre for the wealth and tuition of their owne naturall and nutritive countrey : or if he ever succoured them which adventured their lives for the reliefe of innocents , suppression of malefactors , and apparent offenders ; no doubt , my fellowes and friends , but he of his bountifull goodnesse will this day send us triumphant victory , and a lucky revenge over our proud enemies , and arrogant adversaries ; for if you remember and consider the very cause of our just quarrel , you shall apparently perceive the same to be true godly , and vertuous . in the which i doubt not but god will rather ayde us , ( yea , and fight for us ) then see us vanquished , and profligate by such as neither feare him , nor his lawes , nor yet regard iustice and honesty . our cause is so just , that no enterprise can be of more vertue , both by the laws divine and civill , &c. if this cause be not just , and this quarrell godly , let god , the giver of victory judge and determine , &c. let us therefore fight like invincible gyants , and set on our enemies like untimorous tygers , and banish all feare like tamping lyons . march forth like strong and robustious champions , and begin the battaile like hardy conquerors ; the battell is at hand , and the victory approacheth , and if wee shamefully recule , or cowardly fly , we and all our sequele be destroyed , and dishonoured for ever . this is the day of gaine , and this is the time of losse ; get this dayes victory , and be conquerours ; and lose this dayes battell , and bee villaines . and therefore in the name of god , and saint george , let every man couragiously advance his standard : they did so , slew the tyrannicall vsurper , wonne the field ; and in the first parliament of his raigne , there was this act of indemnity passed , that all and singular persons comming with him from beyond the seas into the realme of england , taking his party and quarrell , in recovering his just title and right to the realme of england , shall be utterly discharged , quit , and unpunishable for ever , by way of action , or otherwise , of or for any murther , slaying of men , or of taking and disporting of goods , or any other trespasses done by them , or any of them , to any person or persons of this his realme against his most royall person , his banner displayed in the said field , and in the day of the said field , &c. which battell though it were just , and no treason nor rebellion in point of law in those that assi●ted king henry the th . against this vsurper ; yet because the killing of men , and seising their goods in the time of warre , is against the very fundamentall lawes of the realme , they needed an act of parliament to discharge them from suits and prosecutions at the law for the same : the true reason of all the forecited acts of this nature , which make no mention of pardoning any rebellions or treasons against the king , ( for they deemed their forementioned taking up of armes no such offences ) but onely discharge the subjects from all suites , actions , and prosecutions at law for any killing or slaying of men , batteries , imprisonments , robberies , and trespasses , in seising of persons , goods , chattels . what our princes and state have thought of the lawfulnesse of necessary defensive sive warres of subjects against their oppressing kings and princes , appeares by those aides and succours which our kings in former ages have sent to the french , flemmings , almaines , and others , when their kings and princes have injuriously made warres upon them , and more especially , by the publike ayde and assistance which our i queene elizabeth and king james by the publike advise and consent of the realme , gave to the protestants in france , germany , bohemia , and the netherlands against the king of france , the emperour , and king of spaine , who oppressed and made warre upon them , to deprive them of their just liberties and religion , of which more hereafter . certainely , had their defensive warres against their soveraigne princes to preserve their religion , liberties , priviledges , beene deemed treason , rebellion , in point of law ; queene elizabeth , king james , and our english state , would never have so much dishonoured themselves , nor given so ill an example to the world , to patronize rebells or traitours ; or enter into any solemne leagues and covenants with them as then they did , which have been frequently renued and continued to this present . and to descend to our present times ; our king charles himself hath not onely ( in shew at least ) openly aided the french protestants at ree and rochel against their king who warred on them ; the germane princes against the emperour ; the hollanders , and prince of orange , ( to whose sonne hee hath married his elstest daughter ) against the spaniard , and entred into a solemne league with them , ( which hee could not have done in point of law , iustice , honour , conscience , had they beene rebells or traytors , for standing on their guards , and making defensive warres onely for their owne and their religions preservation ; ) but likewise by two severall publike k acts of parliament , the one in england , the other in scotland , declaring , the scots late taking up armes against him and his evill counsellors , in defence of their religion , lawes , priviledges , to be no treason , nor rebellion ; and them to bee his true and loyall subjects ( notwithstanding all aspertions cast upon them by the prelaticall and popish party ) because they had no ill or disloyall intention at all against his majesties person , crowne , and dignity , but onely a care of their owne preservation , and the redresse of th●se enormities , pressures , grievances in church and state , which threatned desolation unto both . if then their seizing of the kings fortes , ammunition , revenues , and raising an army for the foresaid ends , hath by his majesty himselfe , and his two parliaments of england and scotland , beene resolved and declared to be no treason , no rebellion at all against the king ; by the very same , ( or better reason , all circumstances duely pondered ) our parliaments present taking up armes and making a defensive warre for the endes aforesaid , neither is , nor can be adjudged treason or rebellion , in point of law or iustice . in fine , the king himself in his l answer to the . propositions of both houses , iune . . confesseth , and calleth god to witnesse : that all the rights of his crowne are vested in him for his subjects sake : that the prince may not make use of his high and perpetuall power to the hurt of those , for whose good he hath it ; nor make use of the name of publike necessity , for the gaine of his private favourites and followers , to the detriment of his people ; that the house of commons may impeach those , who for their owne ends , though countenanced with any surreptitiously gotten command of the king , have violated that law , which he is bound ( when he knowes it ) to protect , and to protection of which they were bound to advise him , at least , not to serve him in the contrary ( let the cavalleers and others consider this : ) and the lords being trusted with a iudiciary power , are an excellent screene and banke betweene the king and people , to assist each against any incroachments of the other ; and by just iudgements to preserve that law , which ought to be the rule of every one of the three . therefore the power legally placed in both houses , being more then sufficient to prevent and restraine the power of tyranny ; by his majesties owne confession ; it must needs be such a power as may legally inable both houses , ( when armes are taken up against them , by the king or any other , to subvert lawes , liberties , religion , and introduce an arbitrary government ; ) not onely to make lawes , ordinances , and assessements , but likewise to take up armes to defend and preserve themselves , their lawes , liberties , religion , and to prevent , restraine all forces raysed against them , to set up tyranny ; else should they want not onely a more then sufficient , but even a s●fficient necessary power , to prevent and restraine the power of tyranny ; which being once in armes cannot bee restraned , and prevented , repulsed , with petitions , declarations , lawes , ordinances , or any paper bulwarkes and fortifications , or other such probable or possible meanes within the parliaments power , m but onely by armes and militarie forces , as reason and experience in all ages manifest . from all which pregnant punctuall domesticke authorities and resolutions of ancient , moderne and present times , i presume i may infallibly conclude ; that the parliaments present taking up necessary defensive armes , is neither , treason , nor rebellion , in iudgement of law ; but a iust and lawfull act , for the publicke benefit and preservation of king , kingdome , parliament , lawes , liberties , religion ; and so neither their generall , souldiers , nor any person whatsoever imployed by them in this war , or contributing any thing towards its maintenance , are or can be legally indicted , prosecuted , or in any manner proceeded against as traitors , rebels , delinquents against the king or kingdome ; and that all proclamations , declarations , indictments , or proceedings against them , or any of them , as traitors , rebels , or delinquents , are utterly unlawfull , iniust , and ought to be reversed as meere nullities . it would be an infinite tedious labour for me to relate , what civilians and canonists have written concerning warre , and what warre is just and lawfull , what not : in briefe , they all generally accord ; n that no warre may or ought to be undertaken cut of covetousnesse , lust , ambition , cruelty , malice , desire of hurt , revenge , or for booty : propter praedam enim militare peccatum est ; whence joh ; baptist , luke . . gave this answer to the souldiers who demanded of him , what shall we doe ? doe violence to no man : neither accuse any man falsly ; and be content with your wages . ne dum sumptus quaeritur , praedo grassetur . which prooves the warres of our plundring , pillaging cavalleers altogether sinnefull and unjust : and that such a warre onely is just , which is waged for the good and necessary defence of the common-wealth , by publike edict or consent ; or to regaine some thing , which is unjustly detained or taken away , and cannot otherwise be acquired : or to repell or punish some injury ; or to curbe the insolency of wicked men , or preserve good men from their uniust oppressions ; which warres ought onely to be undertaken out of a desire of peace ; as they prove out of augustine , gregory , isidor hispalensis , and others . in one word , they all accord ; that a necessary defensive warre to repulse an injury , and to preserve the state , church , republike , freedomes , lives , chastities , estates , lawes , liberties , religion , from unjust violence is , and ever hath beene lawfull by the law of nature , of nation ; yea , by all lawes whatsoever , and the very dictate of reason : and that a●n●cessary defensive warre is not properly a warre , but a meere defence , against an unlawfull violence ; and ther●fore m●st of necessitie be acknowledge lawfull ; because directly opposite to , and the onely remedy which g●d and nature have giuen men against t●rannicall and unjust invasions , which are both s●●n●full and unlawfull . and so can be no treason , no rebellion , no crime at all , thou●● our princes or parents be the unjust assail●nts . of which see more in hugo gro●ius , de iure belli , l. . c. . i shall close up the civillians and c●no●●●s opinions touching the lawfulnesse of a defensive warre , with the words o● a●beric●●●entilis , professor of civill law in the vniversitie of oxford , in queene elizabeths raigne , who in his learned booke , de jure belli & pacis , dedicated to the most illustrious robert devoreux earle of essex ; ( father to the parliaments present lord generall : ) determines thus , lib. . ca● pag. . &c. although , i say , there be no cause of warre from nature , yet there are causes for which we undertake warre by the conduct of nature ; as is the a cause of defence , and when warre is undertaken , because something is denied to to be granted , which nature it selfe affords , and therefore because the law of nature is violated , warre is undertaken . we say there is a three fold defence , one necessary , another profitable , a third honest ; yet wee shall deeme them all necessary . b he who defends himselfe , is said to be necessitated , neither will baldus have us distinguish whether he defend himselfe , his goods , or those under his charge , whether neere , or remote ; his defence is necessary , and done for necessary defence , against whom an armed enemy comes , c and his against whom an enemy prepares himselfe : and to such a one the same d baldus truly teacheth , ayde is due by compact , whom others likewise approve e this warre we may say , was anciently undertaken against mithridates , and against his great pre●aations . neither ought wise men to expect , till he had professed himselfe an enemy , but to looke more into his deeds , then words : thus whiles we say necessity , we speake not properly , but we understand , that necessity which is not rare in humane affaires , and hath wont to bee called neede : which yet precisely is not that true necessity , &c. f it is a most unjust conflict , where the one side being agent , the other is onely patient . there is a just defence , and slaying , although the slayer might flee without danger and so save himselfe , whether the slayer who defends himselfe be of that condition , that it would be a disgrace to him to flee , or whether it would be no disgrace . g which opinions are received in the causes of private men ; and to mee are much more approved in publike causes . h defence even in bruites is a law of nature : i it is perswaded and constituted in us , not by opinion , but by a certaine imbred faculty : and it is a necessary law ; for what is there ( saith cicero ) that can be done against force , without force ? this is the most approved above all lawes . k all lawes , all rights permit to repell force with force . l there is one law and that perpetuall , to defend safety by all meanes . m all mean●s are honest of preserving safety : this , reason to the lea●ued , necessity to b●rbarians , cust me to nat●ons , nature it selfe to wilde beasts , hath prescribed ; and this is no written , but borne , or native law. likewise , to defend our estates , is a necessary defence , and this is a just cause of defending , if wee bee assaulted by warre , though wee our selves have demerited the warre : which thing others , and paulus caestrensis have taught . and it will follow , and adde this reason ; because the law or force of warre is not ended by obtaining the things first demanded ; but walkes according to the conquerers pleasure . n who is content to repay so much revenge onely as he hath received wrong ? saith augustine , and all know it . this arbitrary power all not subdued may justly decline , and therefore defend themselves against it with armes . witnesses , o iudges who are enemies are repelled , although they against whom they proceed gave the cause of the enmity . p to one in armes he gives all things w●o denies just things : said caesar . neither doe we heare make question of that blamelesse moderation , where there is no superior . these things therefore are avoyded : and therefore the cause of romulus shall be said right to me , who defended himselfe by war against the invading sabines , albeit he had given them cause of warre and offence , by the rape of their women . q the force of necessity is so great , when men are pr●ssed with armes , that those things which are unjust may seeme most just ; as bodin well , r warre is just , to whom it is necessary ; & piae arma , quibus nulla nisi in armis relinquitur spes : and armes are pious to those to whom no hope is left but in armes . extreame necessity is exempted from all law. and yet i restraine not the present definition , to extreame necessity , or take extreame according to the condition of mens affaires : for be it so , let it be no necessitie , which may be no necessity ; romulus might have avoyded warre by restoring the ravished women ; yet he might likewise defend himselfe against the enemies even soone after marching against him . i stay not in this definition : for that is a question belonging to citizens . * he who being banished may be hurt without danger , yet he may defend himselfe . chap. xiiii . de utili defensione : he proceedes thus , i call that a profitable defence , when we move warre , fearing least we our selves should be warred upon : s no man is sooner oppressed then he which feares nothing , and security is the most frequent beginning of calamity . this first . next , we ought not to expect present force , it is more safe if we meete that which is future . there is more hope and more courage in him that infers force , then in him who repels it : he hath more courage who inferres danger , then he who repulseth it , t livy and vigetius : if the enemie should once prevent , n all things are disturbed with feare ; it behoves them therefore ( saith x nicephorus , an historian of no contemptible authority ) who would live without danger , to meete with , and prevent impendent evills , and not to delay or expect , that thou mayst revenge the received injury with danger , if for the present thou maist cut out the root of the growing plant , and suppresse the endeavours of an enemie who thinkes ill . and y suidas , yea demosthenes ; warre is not to be delayed but urged , least being first injured , we be compelled to repulse force . * this ( as the latin de nosthenes cicero saith ) is likewise a disgrace , that if thou mayst prevent future , thou wouldest rather redresse present evils . that rude youth likewise ( so hath nature it selfe prescribed this law ) z i would rather looke to our selves , then i would be revenged having received injury : a but philo most excellently , that we presently slay a serpent at the first sight , although he hath not hurt us ; nor perchance will hurt us ; so carefull are we of our selves before he move himselfe . am i not over-tedious to thee in naming these authors , which yet are none of ours ? but the consent of various and many authors is great reason , &c. neither yet omit i , things held in lieu of proverbes , and therefore prove much what they signifie , b meete the approaching disease . withstand beginnings ; else medicines are provided over-late . neglected fires are wont to get strength . behold something out of the authors of law : c it is better to keepe lawes unviolated , then afterwards to seeke remedy . d it is lawfull to prevent : one providing to offend , i offend lawfully ; and others of this nature , which are more defined to humanity , and approved by mens judgements . e no man ought to expose himselfe to danger : no man ought to expect himselfe to be smitten or slaine unlesse he be a foole . we ought to meete the offence not onely which is in act , but that likewise which is in possibility to act . force is to be repelled and propulsed with force ; therefore not to be expected ; in which expectation there are also both other the foresaid certaine evils , and that likewise : which is mentioned in the causes of private men , least perchance by giving the first stroke we be slaine ; or lest we yeeld by flying , and be oppressed lying downe . but not to flye is to repell force : all these things are cleare , and tried , and most apt to warlike tractates . what followes , hath some doubt , when the thing may seeme to come to that passe , that we must now run to this profitable defence . f a just cause of feare is required , suspition is not sufficient . now g a just feare is defined , a feare of a greater evill , and such as may deservedly happen unto a constant man. but here in this great cause of kingdomes , a feare that no dammage should happen although not very great , or if there be an evident cause of feare although the danger be not true , h but the cause onely of feare just , is sufficient : but not when a man feares that he ought not , &c. but concerning prevention there are notable things in i gellius . in all things to be taken heed of , there is not the same cause ; neither in the affaires and actions and offices of humane life ; or of taking , or deferring , or revenging , or bereaving . to a gladiator , ready to fight this lot of fight is propounded ; either to slay , if he shall prevaile , or to be slaine if he shall give over . but the life of man is not circumscribed with such unjust untamed necessities , that therefore thou oughtest first to doe the injury , which unlesse thou shalt doe , thou mayest suffer . and cicero ; k who hath ever enacted this , or to whom can it be granted without the greatest perill of all men , that he might lawfully slay him , of whom he might say he hath beene afraid , lest he himselfe might be slaine afterward by him ? yet rightly , notwithstanding , the mitileins against the athenians , l if we seeme injurious to any , if we have first failed , not tarrying till wee might plainely know , if they would doe us any hurt : he doth not rightly consider : for if we had beene of equall power , we might safely lay ambushes for them againe , and we might delay : then he should speake truth : but since they have alwayes with them a power of hurting , it beseemed us to have this power , that we might anticipate a defence . why againe doe we aske for bartolusses , or baldusses with whose bare names we might rest satisfied ? and yet doe not more esteeme the defence of a most noble republick , yea of thucidides , a most noble man , and the sentence of a most wise man fortified with reason ? and seeing there may not be one probable cause of feare , and generally nothing can be defined concerning it , here we shall onely say , that it hath alwayes beene very considerable , and at this day , and hereafter it is to be considered , that potent and ambitious princes may be resisted , for they being contented with no bounds will at last sometime or other invade the fortunes of all men . m thus the romans move warre against philip , lest greece being subdued , he should first make warre upon them . thus n lysimachus , when demetrius had gotten the kingdome , fearing least he should provoke him , first moved warre , for he knew that demetrius had it from his father , alwayes to thinke of promoting the empire . thus the o lacedemonian embassadors , move the king of sicily to warre , because all the rest of the graecians being overcome by persa , he might in like manner stirre up ware against the siculi : men say , by helping us thou maist defend thy selfe . thus the p lacaedemonians themselves , perswaded by the acanthii tooke up warre against the olynthi : who by conquering their neighbours every where , and proceeding alwayes to further parts , they made no end of warres and of encreasing their dominion . thus the q compani for the fidicini against the samnites , and they say . we have fought in word for the fidicini , in deed for our selves . when we saw a neighboring people , to be set upon by the wicked plundering of the samnites : and when the fidicini had beene inflamed , that fire would h●reafter be transferred upon us : which also r herm●crates a just man of syracuse : doth any of us thinke , that a neighbour further off being already overcome the calamity will not come upon him also ? thus s perseus , thus metridates did move and call in others against the power of the romans : for neither are occasions of warre wanting to those that aspire to the empire , and now they are hated for their power . which thing t appius somewhere saith to those his romans ; and it appeares most true ; for by ayding their confederates and friends , presently they got the empire of the whole world . but to omit these manifold examples , which even u others have thus noted , and which do thus declare to us the law of nations , which we seeke ; might not all men most justly withstand the turke on that side , and the spaniard on this , meditating dominion every where and plotting it ? for indeed the turke wrongs not many , nor yet the spaniard , neither can the one or other doe it ; but they both doe injury to some , and he that doth wrong to one , threatens many : shall warres themselves be expected ? x we have heard of the turkes before , and we all see it : if any one discernes it not of the spaniards ; he may heare of p. jovius , that the nature of these are both impotent and greedy of bearing rule ; and when they have once crept in , endeavour alwayes by all meanes to attaine the highest power . therefore we ought to resist ; y and it is z better to beware that men encrease not too much in power then to seeke remedy afterward against the mighty . a while the enemie is little , kill him . wickednesse , lest tares grow , is to be crushed in the seed . why are not these sayings of hierome pertinent even here ? we cannot joyntly resist a common danger : b a common feare unites even those that are most divided and furthest off : and that by the instinct of nature , and our c baldus teacheth out of aristotle ; this is the reason of empyres , that they may not hurt ; as he , whosoever he was said wel in dionysius , and nothing more true , * and uttered as it were from an oracle , in the judgement of bodin : d it is sufficient to have power to hurt , and that which can destroy others , dee thou destroy first : as aptly here the witty poet ; and truly it is very grievous , that we may possibly suffer an injury although we doe not suffer it : as e plutarch speaketh : and f baldus , that it is lawfull to use meanes for resistance : nor ought it to be in the power of an adversary to hurt us if he would : and that we ought to consider , that which hurteth , and that which can hurt . even the continuing of concord among the elements is this , by l equall proportion , and while in none , one is subdued of the other : o and this is that , which that most wise , most desirous of peace , and father of peace , laurencius medices procured alwayes , that the affaires of the ita●an princes should be balanced with equall weights , whence both italy might have peace , which both it had whiles he lived , and was the preserver of this temper ; and which peace ceased when he deceased , and that temperature . the great off-spring of medices , was a great safegard both to his owne city and the rest of italy : doth he not as yet indeavour this , that one should not be able to doe all things , and all europe come under the command of one ? unlesse some be able to resist the spanyard , europe will certainely fall . g if any will pull a middle stone out of the wall , upon which all relies , the rest being carried together will follow . h no , this must never be permitted , that the dominion of any should grow so great , as neither to doubt before so much as of most manifest injustice , which polybius saith , and saith againe : whence hero therefore ayded the carthaginians against the mercenaries , least the carthaginians being oppressed , the romans should be able to doe all things . this i livie of the diverse conceits of men upon the war of the romans , and perseus , that some favored him , some them , but there was a third part , the best and most prudent , who would have neither part to become more powerfull , the other oppressed , for so themselves should be in the best condition , alwayes protecting them from the injuries of the other : and these things ingeniously , marcus cato for the rhodians : who thorow hatred to the romans , k by their good will at least , or wishes had favoured perseus , they would not that we should have conquered the king : but also many other people , and many nations ; and partly not for reproach sake , but because they feared , that if there were no man whom we stood in awe of we might doe what we list , and every one of us , if any thinke any thing to be attempted against his owne estate , doth even with his strength contrarily endeavour that it be not attempted against him . this the embassador of persius had thus discussed before the rhodians , that they ought to endeavour , that the right and power of all things be not devolved to one people . cato adds , that their will ought not to be punished so much , because it ought to be discerned more certainely . l caesar doth not contradict , who thus disputes of raising of warre against king ariovistus , that he ought to be punished before he became great , or should doe any evill , even because he had a thought to doe them hurt . neither ought this to be understood of the naked thought , and bare will ; but of that which hath assumed the act , declared in another * place ; that king was now fearefull to the romans in france , and his armes threatned danger : caesar therfore wisely and justly thought that there was no further delay to be made , but that he might restraine armes with armes . the n switzers lately very wisely , that they will favour neither the french nor emperor , but would keepe a league with them both , until their armies should not be hurtful to the helvetiin common-wealth . but i conclude , the defence is just which prevents dangers already meditated of , already prepared ; and also not thought upon , but very likely , possible : yet neither this last simply ; or would i call it just , to endeavour this war , as soone as ever any should be made too potent ; which i doe not affirme . for what if any princes power should be increased by successions , by elections ; wilt thou trouble him with warre , because his power may be dangerous to thee ? another thing therefore must be added concerning iustice . we will adde to others , who what they have thought of a just war , attend . chap. xv. of honest defence . it remaines to speake of honest defence , which is undertaken without any feare of danger to us , sought for no want of our owne , for no profit , but onely for other mens sakes , a and it resteth upon this foundation , that ( as marcus tullius saith ) nature hath ordained among men affinity , and love , and good will , and the bond of good will , and that the law of nations is placed in the society of men , which therefore is called by cicero also , b civill . c thus verilie the stoickes would have the city of the whole world to be one , and all men to be commoners , and townesmen ; and like one heard feeding together in a common ground . d all this that thou beholdest , wherein heavenly and earthly things are contained , is one ; and we are members of one great body , and the world it selfe is one e body . but nature hath made us allyed , seeing she hath begotten us of the same , and in the same , also endewed us with mutuall love , and hath made us sociable . e and this our societie is most like the joyning of stones , in a wall ; which would fall , if the stones did not withstand , and uphold one another , as seneca excellently ; and which as f gellius , consisteth , upholden as it were , with a mutuall contrariety and support . g this is the desagreeing concord of things , as horace speakes , and we also before . and now thou hearest that all the world is one body , and all men are members of this one body , and thou hearest the world to be an house , and to be a city ; which heare againe , for they are beautifull . the world is the greatest house of things , thus varro . h man is a sociable creature , and being borne for the good of all , lookes upon the world as one house : thus seneca : i againe lactantius saith , the world is a common-wealth , having one forme of government , and one law ; k philo , there is one commonwealth of all and a common city of all . l tertullian , minutius , and also in aristotle , there is one great city : what an harmony is here of wise men ? adde touching society that of cicero ; society in the largest extent , m ( which though it be often sayd we must repeate more often ) is of men towards men , n more inward , of those that are of the same countrey ; neerer of those that are of the fare city and in another place : we are so borne that there may be a certaine societie betweene all ; but greater as any one is nearer : citizens are be ter●ban strangers ; kindred han forriners . and thus doth o augustine note there societies ; the first of the houshold , the second of the city , the third of the world , and saith , all the nations in the world are joyned together by humane societie . but what is this society and conjunction ? among the good there is as it were a necessary benevolence , which spring of freindship , is constituted of nature ; but that same goodnesse belongs also to the multitude ; for vertue is not inhumane , nor cruell , nor proud , which will not looke upon all people , writeth cicero ; and p ambrose , the law of nature bindes us to all charity ; that one should beare with another , as members of one body : and so also q baldus , we are borne for our own and for strangers by the bond of charity : those that say , care ought to be had of citizens , deny it of strangers , these men take away community and society of mankinde . also cicero : which r lactantius both citeth and hath approved . and the same cicero . ſ it is a filthy opinion of them , t who referre all things to themselves , filthy indeede , for man is borne for society , and it is his * duty to helpe others , and not live to himselfe onely : and for this cause cicero condemned the philosophers , because while they lacked one kinde of justice , and ( as x another holy man writes ) fulfilled indeede the greatest part of equity , not to hurt any , they offended against the other , because they forsooke the society of life , and so forsooke this part of justice , to profit when thou canst ; y dost thou not see how the world it selfe , the most beautifull of all workes doth binde it selfe with love ? we are z bound by the law of nature ( so sayes the interpreter of the law ) to be profitable every way : and the a same men deliver an equall defence of their owne and of strangers , but specially of confederates , from whom we must keepe off an injury ; and that this defence is both of divine and humane law . b plato thinkes , he ought to be punished that keepes not back an injury offered to another . now that which plato and these interpreters say of private citizens we may very well apply to princes and people : for what reason there is of a private man in a private city , there is the same in the publicke and universall city of the world , of a publique citizen , that is , of a prince , of the people of a prince : c as a private man hath relation to a private man , so a prince to a prince , saith baldus , d a man is a citizen to a man in the greater city , and borne for mutuall succour saith seneca . and because we are one body , if one member will hurt another member , it is meete the others should helpe that which is hurt , because it concerneth the whole , even that which hurteth , that the whole be preserved . so men should helpe men , for society cannot be preserved , but by the love and safety of the people . e vespatian cannot be approved who denies ayde , i know not to whom , upon this pretence , because the care of other mens affaires appertained not to him : for what good man is there who doth nothing but for his owne sake ? f cicero againe , even to g lazius king of persia , that he is not therefore just , because he doth nothing unjustly , unlesse also he defended the unjustly oppressed ; and by that meanes they obtained helpe , and bands of souldiers against the romans : for it is not a strange thing amongst men for a man to defend the estates and safety of men , h cicero had said the same ; he should have respect if not of the man , yet of humanity , which is due to every one from every one , for this very cause , because they are equally men : and humane nature the common mother of all men commends one man to another , i it is a noble example of the barbarous king of mauritania : who , when he heard that his enemie alfonso king of castile , was pressed and almost oppressed by the armies of his sonne , hee sent a hughe masse of gold unto alfonso , he himselfe went over with a great armie of souldiers into spaine , judging it a most unworthy thing that his sonne should expell his father from his kingdome ; adding withall , that the victory obtained , he would be an enemie againe unto the same alfonso . what ? doe i feare the barbarians , enemies also , and bringing gifts ? that the deed of an enemy should be taken in the worst sence ? doth k guiceardine say truth ; that these things are not done of any but in hope of some profit ? the saying of guicciardine is dispraised by noble mountaygn in those his noble examples ? i demand of what right it is ? it is a question , if any be bound by law to defend another , when he can ? and they seeme commonly to deny this and the l law sometimes saith , that we may without offence neglect other mens affaires : but our proper question is ; if any can thus justly defend another ? m wherein no man denieth just defence , even for the defence of a stranger it is lawfull to kill another , by the opinion which is approved of all doctors : n yea , the defence of him is approved , that neglects to defend himselfe , yea that refuseth to be defended by another ; whether a friend defend him or another , even an enemie : and thus it is called the rule of humanity , and so o a benefit to be conferred often times upon the unwilling . so also there be many other definitions . also they conclude by an argument , not firme enough that way , in another question : that a man may take money for defending another , which he should receive dishonestly , if he were bound to defend him by law : for may not a servant get a reward from him whom yet notwithstanding he might not neglect without punishment ? neither is it dishonestly given nor dishonestly taken , in way of thankefulnesse . p so it is not ill taken of a citizen from a citie , nor by a sonne from a father : for truely it is manifest , that many things cannot be done without offence ; and therefore if done they are worthy of rewards , yet not of punishment , if they be not done . againe , somethings on the contrary neglected , indeed contract offence , but reformed they merit not glory , so bernard : to which i adde a meane , that there be some things which being neglected contract offence , and fulfilled , deserve reward . q but also even in the court of conscience they will have a man to be bound to defend a man. r but conscience is the will of a good man , yea of the best : but they deliver this also even in the way of honesty : and we follow honesty here , and that arbiterment : ſ but both in civill and canon law , against the rest bartolus inclines thus : albericus , igneus , decius , alciatus , molineus , so teach : and t baldus elegantly , that it is a fault to omit the defence of another ; of himselfe , a treachery : which also in another place he determines . plato is also of this mind : and thus also u siracides : free him to whom injury is done , out of the hand of the injurious . i also am of the same minde , especially , if , which the forenamed interpreters adde , defence be not made with the danger of the defender . x for no man is bound to put himselfe in danger ; no man is bound so to assist against a fire . y otherwise thou hearest constantine say , that they which live by the rule of gods law , account an injury done to another , to be their owne . behold that thus also he ayded the romans against maxentius . heare againe baldus his lawyer , he that defends not , nor resists an injury , is as well in fault , z as he that forsakes his parents , or friends , or country : and if these be true in private men , how much more will they be in princes ? these mutually call themselves cosens , cosen-germans , brothers . they are so much the more true in princes , by how much if a private man defend not a private man , the majestrate remaines , that can both revenge the wrongs , and repaire the losses of private men , but there is none can peece up the injuries and hurts of princes , but the same prince , who after had rather apply a medicine to the evill , than hinder at the first that evill be not done . these things are true , but that also you may hold with a baldus that although these were not true out of philosophie of judgements , which is of things necessary : they are certainely true from philosophie of manners : which consists of things perswaded , which philosophie also we follow in this whole treatise . the philosophie of iudgements , permits a man to neglect even himselfe , as baldus writes , and if besides , as it falls out almost alwayes , another speciall cause be joyned to this generall rule of honesty , it may come neerer to justice . let the opinion verily be true for me , that this cause of honesty alone , perchance hath never moved any man to that honest defence . b guicciardines mouth sayd truely , no prince will make warre for pesants , unlesse perswaded with desire of his owne gaine : yet that is ignominous to princes and savours not of justice : but i had rather concurre with leo the philosopher . we know very few to keepe true love , for its sake alone to be stirred up to succour those that are intangled in misery , but on the contrary side , that the number is very great of those that for hope of getting any thing , come to helpe the unworthy : which is a more mild saying , and i thinke more true . but i seeke another thing , it is compleate justice which defends the weake : so d ambrose , and the canon law , and i seeke for that iustice . the romans also joyned this cause with others by which they were moved often times to make warre : e the defence of the lucans ( saith dionysius ) was the manifest cause of the samniticall warre , which might have a shew of honesty , as common , and a nationall custome of the romans to ayde those that fled unto them : but the secret cause which did more urge , was , the power of the samnites was great , and greater would it have beene , if the lucans had beene subdued , so the reason of profit lyes hid : and therefore seemes not so good , as it is honest : and yet we call profitable also , good and just , and the one is made just by the other : therefore what if they be deare unto us whom we should defend ? f vlpianus saith , that for love and friendship , for no other reason defence ought not to be omitted . the defence of those that ought to be deare unto us , is from nature , witnesse m. tullius . what , if our allies and confederates ? g he that keepes not of an injurie from his fellow when he can , is as well in fault , as he that doth it . ambrose , and h even we our selves are hurt when our fellowes are hurt : as in livie . i iohn bodin judgeth amisse , that an ally and a confederate is not bound to helpe his fellow , if there be no caution of helpe in the league ; and the contrary is now shewed by us , and also shall be shewed in the third booke . k what if they be of the same stocke and blood ? agesilaus made warre against the persians , that he might bring the greekes of asia into liberty . and the pettie kings of l germanie by an old custome of the nation , thinke it an haynous offence , not to be assistant to those that implore mutuall helpe : although there is there besides a certaine body of a common-wealth : as it is reported long since , that there was of the achai . what if of the same religion ? m nations are joyned together by the tye of religion , more than either by the communion of another law , or contract of a league : and therefore if we implore nature by communion , the law of nations by covenant , the common-wealth by lawes , by common religion ( the most powerfull thing of all ) we implore the bowels of men and of the holy one , who is the head of that communion . n so there was warre with the persians , because their fugitives were not delivered them , and they were not delivered by the romans , who would not dispise the humble professors with them of the same religion , who fled from the persian cruelty . thus justinus answered the persian , that he could not but receive those of the christian religion , falling away to him from the persian , who compelled them to forsake christian religion . and our writers doe thus resolve , that warre may be made if any converted to christian religion , should be oppressed by their lords , and that for the right of society contracted from conversion . what if neighbours ? p for what ? had i not very many , very just tyes of familiarity , of neighbourhood of country , of friendship to defend plancus ? saith cicero . and here is our case . q we are in danger if our neighbours house be on fire , for if fire have fiercely taken hold of some houses , they will hardly be defended but that the next houses will be burnt , which was elsewhere in salust , and now in ovid. s fire that is neere is hardly kept off from houses : it is good that we abstaine from neere adjoyned places : which verses are proverbiall in this thing ; and proverbes adde some credit . this notes something that as it is lawfull to pull our neighbours house downe , least the fire should come to us : and that question of a x house infected is the same , although touching this it is answered contrary : y yet the house infected with leprosie was pull'd downe z and in many cases it is so , that we may doe ill to others , that it be not ill with us . we must beware of all contagion , especially of our neighbours : the ill contagions of a neighbouring people are hurtfull . a the romans ( saith florus ) as a certaine infection ranne over all , and taking in all the neerest people , brought all italy under them , and whatsoever dominion they had b before fire is the vapour and smoake of the chimney , syracides also . so we see smoake from our neighbours fire , and will we not runne and put out the fire where it is ? it is c written againe , that it is lawfull for any to helpe his neighbour against an injury , yea , he seemes to be partaker of a fault , who doth not ayde his deadly foe , even speaking against help , nor yet desiring it . concerning which i have noted before , and will note further in the chapter following . chap. xvi . of ayding subjects that are strangers against their lord. i demand , if wee may justly defend subjects also that are strangers against their lord ? what if their cause also be unjust ? a ambrose noteth those three gods , iupiter , neptune , and pluto , have thus articulated , lest upon their intrenching on one anothers jurisdiction , they might make warre among themselves : they should not usurpe the rule of the sea , &c. b they say likewise , that we gods have this law , none of us will crosse the desire of him that willeth but wee yeeld alwaies one to another . which being the fictions of very wise men , are applyed unto princes of the earth . but even without any circumstance at all , the corinthians speake thus to the athenians : c we doe plainely deny that any is forbidden to punish his owne : for if thou shalt defend those that have offended , even your owne subjects will defend themselves from you . yet i thinke not subjects of other men are altogether strangers from that neerensse of nature , and union of society , you doe also cut off the unity of mankinde , whereby life is sustained , as excelently d seneca . and if we make not princes lawlesse , tyed to no lawes nor conditions : it is necessary , that there be some to admonish them of their duty , and may hold them fast bound ; which reason i expounded in the second booke of embassies . neither will i heere infer any confusion of kingdomes , or any inspection of one prince over another prince : neither doe i suffer those things to bee distinguished , which are most firmely glued together by nature , i meane , that kinred with all , among all . neither here otherwise may one prince have inspection over another prince , but such as may happen by every other warre , wherein one prince carries himselfe as a judge both of himselfe , and of another . if a question were among private men , it were most unjust to goe to a forraigne prince about it . also if there arise a difference betweene a private man and his soveraigne , there are magistrates appointed which may be sought unto . but when the controversie is touching the common-wealth , there neither are , nor can be any judges in the city . i call that a publike matter , when such , and so great a part of the subiects is moved , that now there is need of warre against those that defend themselves by warre . and as if those should come into part of the principality of the publike , and are peeres to the prince , who can doe so much as hee . e even as one king is said to be equall to another , who can resist another offering wrong , however greater , and more powerfull ; although i say not these things of the subjects themselves , unlesse it be in respect of forraigne princes , which will ayde the subject against their soveraigne , and who can ayde them no otherwise then in a controversie , as i have expounded , of the common-wealth . f and indeede , if the subjects be used more cruelly and unjustly , this opinion of defending is approved even of others , who both bring that laudable example of hercules , the lord of tyrants and monsters . there is also the example of constantine , who ayded the romans against maxentius , as i noted before . g we defend sonnes against injust fathers . adde now those golden sayings of h seneca . that being cut off , whatsoever it was , whereby he did cleave unto me , the society of humane right is cut off . if he doe not impugne my countrey , but is burdensome to his owne , and being bannished my countrey doth vexe his owne , yet so great naughtinesse of minde hath cut him off : although it maketh him not an enemy , yet hatefull unto mee . and the reason of the duty which i owe unto mankinde , is both more precious , and more powerfull with me , then that which i owne to one single man. thus verily ; or else we make all men forreigners to all princes , if we determine that they can doe according to their pleasure and lust . now what if the cause of the subject be unjust ? the foresaid authors deny , that men ought to ayde uniust forraigne subjects , least any by so ayding introduce the same law into his owne kingdome , which the corinthians did before . yea , i aristotle thinkes , that neither a wicked father is to be loved nor assisted with helpe . but this is false of a father , as i taught in a certaine disputation , perhaps it is more true , that those may be defended of us by war , who are unjust . for if it be a just warre which is to repulse a wrong , although they that repulse an injury , have given occasion to the warre : the same it seemes may be determined in the defence of others , even of subjects , for the same reason . surely there is that iniquity in warre , that it will make the same man to pronounce law to himselfe in his owne cause , or verily willing to pronounce it . vpon which pretence another prince may bring ayde on the contrary side , that things may more civelly be composed without warre . and this is that which k pyrrhus did when he came to ayde the tarentines against the romanes ; he admonished them first , that they would by their owne endeavour put an end to the controversie ; although neither the romans would not unjustly hearken unto the king ; or because they might deservedly suspect him , as being sent for by enemies , armed with enemies , ready to fight for enemies , and of kinne to enemies . l hee that stands armed with another , is said to bring helpe and ayde unto him ; neither is there neede to proove any thing against that at all . even he that armes himselfe , is beleeved to thinke upon warre . and m if he that is the friend of an enemie bee excluded from being a witnesse , much more from being a iudge . n for it is easier , if any be received for a witnesse then a iudge ; o the friend of my enemy is not presently ment my enemy , as neither my friends friend is my friend ; but there is a great suspition of them both , and of the friend of an enemy the more . but i returne to the question . p we are bound both to defend justly unjust sonnes against the cruelty of a father , or servants against the cruelty of a master ; and we laudably indeavour that by fury ( here is warre ) no not wicked men should be chastened and punished , for fury and warre have no measure . q and he that led by humanity or pitty , or any other approved and just cause , hath received another mans servant , is not bound by the statute of a corrupt servant , and that reception is accompted in the nature of good , &c. r even he is commended , who being angry with his servants committed them to be punished by another , this commendation being added , because he himselfe was angry . therefore a good prince will have the liberty of rage against his own subjects to be taken from him , being angry , as a good father , as a good master , and he will alwaies judge , that kingdomes were not made for kings , but kings for kingdomes , which is most true . this also of plato availeth , that we ought to use eloquence , chiefely to accuse our friends , to whom it is the best , thus to be drawn from future evils . and so i thinke that we may defend unjust forreigne subjects , yet to this end onely , for the keeping off immoderate cruelty and too severe punishment : ſ seeing it is not inhumane to doe good to those that have offended . yet i dare affirme , that this reason of bringing helpe doth seldome stand alone , but that another of necessity and profit may be pretended , or truely shewn , as is said before . behold now is the greatest question : if the english have justly ayded the hollanders because their cause was unjust , & the hollanders were even now subjects to the spaniards ? both which notwithstanding are false . it was said , that a warre was to bee undertaken upon that occasion , that a good peace might be obtained of the spaniard , which otherwise , as is thought , could not have beene had : t and so truly warre is lawfully undertaken , as u our men alledge : and the most wise reason of the physicians maketh for it , that if any feaver be slow which holds the body , and which yeelds to no cure , then the disease is to be changed , yea , to bee augmented and heightned . for when it doth not receive cure for the present as it is , it may receive that cure which is future . but even warre might have beene undertaken without that evill of an unfaithfull peace . as there be many bonds of neerenesse between the english and the hollander : the ancient friendship with the dukes of burgondy , the familiarity of these people , and the old consanguinity ; all the rest , which are noted at the end of the former chapter . and therefore with cicero , x they thinke not that the nocent are not to be defended , if they be the friends of a good man. adde one thing of great moment , that the hollanders overcome in warre , should altogether change their condition , and we see it in the conquered part , being for the most part , cast downe from their ancient liberty , and for the most part oppressed with garrisons , are governed now onely at the pleasure of the prince . but this our neighbours cannot endure . y neither is any other forbidden to favour libertie . but z it much behoveth neighbours to have a neighbour . a for if one man hath neede of another man , what shall we say that one neighbour is to another , saith a pindarus , and b callimachus : ill neighbours are odious to mee , and c some wise hebrew , the worst of all diseases is an ill neighbour : and another of the same nation , woe to the wicked , and woe to his neighbour . g and where may d morall fables be silent ? e an evill neighbourhood is like a mis-fortune ; h the vicinity of great men is alwaies to bee shunned of the weaker ; f good men receive good things from good neighbours , and evill men , evill things , &c. so * plato , and so th●mistocles ; when hee sold a piece of ground , hee commanded the crier to proclaime , that it had a good neighbour : which h interpreters note , to the law. and there bee many things of the same kinde . wherefore neither if these neighbouring subjects would change their condition , neither if by reason of a fault committed against their owne king , they be compelled to alter it , is another neighbouring prince compelled to suffer it , to whom neither another mans will nor offence ought to bring damage . the i venetian embassadors when they interceded for sigismund of maltesta , to pope pius the second , they spake even this , that neighbouring princes would not have another neighbour , whom furthermore they knew not , what he might hereafter be . and you may note , that sigismond held townes from the church , and for his committed offences , he ought worthily to lose them . perhaps some will doubt , whether these things be true in private mens causes . k for a private man seemes to have power to doe with his owne what he list , if it bee profitable to himselfe , and hurt not another . yet these things bee true thus in the causes of empires . for princes ought to take heed for the future , that another if he will , may not yet be able to hurt another , which is expounded in the treatise of profitable defence . l but even that rule , that it is lawfull for any to doe what he list with his owne , holds not otherwise ; then if the condition of a neighbour bee made neither worse nor more grievous thereby : although it be true that no man may take care of the gaine , which his neighbour made , and which was owing to him by no obligation . but even security , and a certaine singular conjunction of love from a neighbour , is due to empires : now this we know , what things are taken away when neighbours are changed . m and the same people is not the same that they were , if the common-wealth be not the same that it was . for it is not lawfull ( i say againe ) to doe all things with the subjects ; for that is not lawfull with the subjects which would be a hurt , and a danger to those that are no subjects . it is not lawfull to make fortes in his owne land , which may be terrible to those that are not his , as you shall heare in the third booke . therefore neither is it lawfull to doe with his owne , that which may be a terrour to others . o how ever these are called equivalent , to doe in his own place , and towards his own subjects . whether if my neighbour should place in his house gunnes , and other things against my house , may i neither be carefull for my selfe , nor stirre against my neighbour ? thus , thus were preparations made in holland ; and that great noble man , leicester , very wisely foresaw , that the defence of the hollanders , was very wholesome and necessary for the common-wealth , and he perswaded it to be undertaken , p least if the spaniards should break through that pale of europe , as then very wisely iustus lipsius , called it there should remaine no obstacle at all to their cruelty . and thus farre of warre defensive . thus , and much more this our learned professor of the civill law , albericus gentilis ; whose words i have thus largely transcribed ; because they not onely abundantly justifie the lawfulnesse of the parliaments present defensive warre in point of law , and their ordinances of association and mutuall defence , but likewise fully answer all the cavils and pretences of royalists and malignants against the progresse and managing of this warre , from principles of nature , law , humane reason , equity , and humane authorities . the lawfvlnes of the parliaments present defensive warre in point of divinity and conscience . the lawfulnesse and justnesse of the parliaments present necessary defensive warre , in point of common , civill , canon law , and policy , having been largely debated in the premises , because not hitherto discussed in that kinde by any , to my knowledge ; i shall in the next place proceed to justifie it in point of divinity and conscience ; wherein , though i shall be more concise then i intended , because sundry learned * divines , a in many late printed bookes , common in all mens hands have professedly handled it at large , and given good satisfaction unto many unresolved scrupulous consciences ; yet because this treatise may come into diverse hands , which have not perused their discourses ; and those whose judgements may be convinced by the legall , may still have some scruples of conscience resting in them , in reguard of the theologicall part , and because some things ( perchance ) in point of theology , which others have wholly omitted , may seasonably be here supplyed , to satisfie consciences yet unresolved of the justnesse of the present , and all other necessary defensive warres , i shall not over-sparingly or cursorily passe through it , without a competent debate . now lest the consciences of any should bee seduced , ensnared with generalities or cleere mistakes through the mis-stating of the points in question , with which devise , many have beene hitherto deluded by the opposites , who cumbate onely with their owne mishapen fancies , discharging all their gunshot against such tenets as are not in question , and no waies comming neere the white in controversie , i shal for my own orderly proceeding , and the better satisfaction of ignorant , scrupulous , seduced consciences , more punctually state the question , then formerly in the legall part ; first , negatively , next , positively ; and then proceede to its debate . take notice therefore . first , that this is no part of the question in dispute . whether the parliament , or any subjects who soever , may actually disobey , or violently with force of armes resist the kings , or any other lawfull magistrates just commands , warranted either by gods word , or the lawes of england ? it being out of controversie , readily subscribed by all of both sides ; that such commands ought not so much as to be disobeyed , much lesse forcibly resisted but cheerefully submitted to , and readily executed for conscience sake , rom. . . to . pet. . , . tit. . . hebr. . . iosh . . , . . ezra . . . eccles . , , , . the onely thing these objected scriptures prove , which come not neere the thing in question , though our opposites most rely upon them . secondly , neither is this any branch of the dispute : whether subjects may lawfully rise up , or rebell against their prince , by way of muteny , faction , or sedition , without any just , or lawfull publicke ground ; or for every trifling injury , or provocation offered them by their prince ? or whether private men , for personall wrongs ( especially where their lives , chastities , livelihoods are not immediatly endangered , by actuall violent , unjust assaults ) may in point of conscience , lawfully resist , or rise up against their kings , or any other lawfull magistrates ? since all disavow such tumultuous insurrections and rebellions in such cases : yet this is all which the oft objected examples of b korah , dathan , and abiram , with other scriptures of this nature , doe or can evince . thirdly , nor is this any parcell of the controversie . whether subjects may lay violent hands upon the persons of their princes , wittingly or willingly to deprive them of their lives or liberties , especially , for private injuries ; or in cold blood , when they doe not actually nor personally assault their lives or chastities ; or for any publike misdemeanours , without a precedent sentence of imprisonment , or death against them given judicially , by the whole states or realmes , where they have such authority to araigne and judge them ? for all unanimously disclaime , yea abominate such traitorous practises and iesuiticall positions , as execrable and unchristian : yet this is all which the example of davids not offering violence to king saul : the sam. . . to . cap. . . to . sam. . . to . or that perverted text of psal . . . ( the best artillery in our adversaries magazines ) truely prove . fourthly , neither is this the thing in difference , as most mistake it . whether the parliament may lawfully raise an army to goe immediately and directly against the very person of the king , to apprehend or offer violence to him , much lesse intentionally to destroy him , or to resist his owne personall attempts against them , even to the hazard of his life ? for the parliament , and their army too , have in sundry c remonstrances , declarations , protestations , and petitions , renounced any such disloyall intention or designe at all ; for which there is no colour to charge them ; and were his majestie now alone , or attended onely with his ordinary courtly guard , there needed no army nor forces to resist his personall assaults . yet this is made the principall matter in question by doctor ferne , d by an appeale to thy conscience , and other anti-parliamentary pamphlets ; who make this the sole theame of their discourses : that subjects may not take up armes against their lawfull soveraigne , because he is wicked and unjust ; no , though he be an idolater and oppressor : that , suppose the king will not discharge his trust , but is bent , or seduced to subvert religion , lawes , liberties , yet subjects may not take up armes , and resist the king , it being unwarrantable , and according to the apostle , damnable , rom. . yea , this is all the questions the g. valleers and malignants demand of their opposites in this cause . what ? will you take up armes ; will you fight against , or resist the king ? &c. never stating the question of his forces , his army of papists , malignants , delinquents , but onely of the king himselfe abstracted from his invading , depopulating forces , against whom , in this sence of theirs , the parliament never yet raised any forces , nor made the least resistance hitherto . these foure particulars then being not in question , i shall here appeale to the most malignant conscience : whether doctor ferne , and all other our opposites , pretenders of conscience , haue not ignorantly , if not maliciously , made shipwracke of their good consciences ( had they ever any ) by a wilfull mistating of the controversie , concerning the present defensive warre , in the foure preceding particulars , which they make the onely questions ; when not so much as one of them comes within the verge of that which is the reall controversie ; and never once naming that in all , or any of their writings , which is the point indeed ? secondly , whether there bee any one text or reason in all their pamphlets , particularly applied to any thing which concernes the present warre , but onely to these foure particulars , which are not in debate ? and if so , ( as no conscience can gaine-say it ) then there is nought in all the wast papers they have published , which may either resolve or scruple any conscience , that the parliaments defensive armes and resistance are unlawfull in point of divinity , or conscience , which is steered by the scriptures compasse . but if these particulars be not in question ; you may now demand , what the knot and true state of the present controversie , in point of conscience , is ? in few words , take it thus . whether both houses of parliament , and the subjects by their authority , for the preservation of their owne persons , priviledges , lawes , lives , liberties , estates , religion ; the apprehension of voted co●tumatious traitors , and delinquents , the rescuing his seduced majestie out of the power of popish pernicious counsellours and forces , who end avour the kingdomes subversion , by withdrawing him from , and incensing him against his parliament , may not lawfully with a good conscience , take up necessary defensive armes , and make actuall warlike resistance against his majesties malignant ill counsellors , and invading popish forces ( who now murther , rob , spoile , sacke , depopulate the kingdome in a most hostile manner , to set up tyranny , popery , and an arbitrary lawlesse government , ) in case they come armed with his personall presence , or commission , to execute these their wicked illegall designes ; especially , when neither the parliament nor their forces in this their resistance , have the least thought at all , to offer any violence , to the kings owne person , or to oppose his legall , iust soveraigne authority ? or shorter , whether the kings captaines and souldiers invading the parliament , and subiects , as aforesaid , the parliament or subjects ( especially when authorized by an ordinance of both houses ) may not with a safe conscience forcibly resist these malignants though armed with the kings illegall commissions , without his personall presence ; or with his presence and commissions too ? and for my part , i thinke it most evident , that they may lawfully resist , repulse them , even by divine authority . for the better clearing whereof , i shall premise these three undeniable conclusions . first , that no lawfull king or monarch whatsoever , ( much lesse the kings of england , who are no absolute princes ) have any the least authority from the lawes of god or man , personally by themselves , or instruments , to doe any injurie or iniustice to their subiects ; how much lesse then by open force to murther , rob , plunder , ravish , ruine , or spoile them of their lawes , liberties , estates , religion , all which is plentifully proved by law authorities , in the premises ; and punctually confirmed by these ensuing texts . ezech. , , . cap. . , . psalm . . . . isay . . to . sam . . isay . . cap. . . . . prov. . . . ezech. . . . . zeph. . . mich. . . to . sam. . . . . king. cap. . & . zeph. . . isay . . cap. . . cap. . . . cap. . . chron. . . ier. . . to . obad. . . to . rom. . . . . . pet. . . . and infinite scriptures more . secondly , that all subiects and persons whatsoever , are obliged both in point of law and conscience to disobey , resist , and not execute , the uniust illegall commissions , mandates of their kings , and other magistrates . this is evident by the midwi●es refusall to murther the hebrewes male-children at king pharoabs command , for which god blessed them , and built them houses , exod . . to . by balaams deniall to curse or defie the israelites , at king balacks intreaty . numb . . & . & . by the refusall of sauls guard and footmen to slay or fall on the priests a nob , by king sauls personall command , though present , and not onely their king but master too : sam. ● . . . by ionathans denyall to kill , or consent to the death of david upon sauls mandate , though not onely his soveraigne , but father , although he might have gained the crowne by it , and indangered his owne life by refusing it , sam. . . to . by sauls armour-beares forbearance to runne him thorow with his sword , when he fled before the philistimes , though he as his king and master enioyned him to doe it ; lest the uncircumcised should come and thrust him through and abuse him . sam. ● . . by mordechai his denyall to bend the knee to haman , the great favourite , though the king had so commanded , esther . . . . . . by shadrac● , meshach abodnego , and daniels refusall , to eat of the kings portion of meat and wine assigne● them , least they should be desiled , dan. . . to . by their peremptory resolution , not to fall downe and worship king nebuchadnezzars golden image , though twice strictly commanded by the king to doe it , and threatned to be cast into the fiery furance ( as they were ) for refusing it , dan. . to . by daniels disobeying the kings and lords jdolatrous decree , not to offer a petition to any god or man for . dayes , save of king darius , under paine of being cast into the lyons denne , dan. . . to . by the pharises and chiefe priests officers neglect to apprehend our saviour for his preaching , though enjoyned so to doe by their masters , iohn . . to . by the apostles refusall to give over preaching , and perseverance in preaching , notwithstanding the high priests and councels expresse inhibitions and doubled commands , seconded with apprehensions , imprisonments , scourgings ; and their direct resolutions in this very case , d that we ought to obey god rather then men , acts . . to cap. . . to the end . by peters preaching to , and conversing with the vncircumcised gentiles , notwithstanding the christian iewes dislike , acts . . to . with infinite presidents of this nature in ecclesiasticall histories ; the very sufferings of all the c martyrs depending on this ground alone : which is backed by matth. . . . . luc. . . . cap. . . . . . ezech. . . to . rev. . . to the end . rom. . . john . . . thess . . . . exod. . . josh . . psalm . . . to . thirdly , that as all kings illegall unjust commands are void in law , and will no waies extenuate the guilt , or justifie the actions of those instruments who execute them in point of law , as i havef formerly cleared ; so are they likewise meer nullities , and insufficient to excuse the executioners of them in point of conscience ; as is evident by , psal . . . where god threatens to destroy doeg the edomite , for ever , to take him away , plucke him out of his dwelling place , and root him out of the land of the living , for executing king sauls bloody command upon the priests at nob , sam. . by gods exemplary punishment upon those souldiers who by king nebuchadnezzars speciall command , bound the three children and cast them into the firy furnace ; who were slaine by the flames of the furna●e , though these three martyrs had no harme in the furnace it selfe , dan. . . to . by gods consuming the two captaines and their fifties with fire from heaven , who came violently to apprehend the prophet elijab by king ahaziah his commission , and unjust command , king. . to . by the precept of iohn baptist given to souldiers themselves , luke . . doe violence to no man : ( neither by the kings , nor generalls command ) neither accuse any falsely . by tim. . . lay hands sodainly on no man , ( no more in a violent , military , then an ecclesiasticall sense ) neither be partakers of other mens sinne● : compared with the next forecited scriptures ; with rom. . . math. . . psal . . . prov. . . to . oba● . vers . . to isay . . with isay . the leaders of this people cause them to erre , and those th●t are led of them are destroyed . what therefore saint iohn writes in another case , iohn . . if there come any unto you ( be he an archbishop , bishop , archdeadon , ferne himselfe , or any court chaplaine whatsoever , ) and being not this doctrine ; receive him not into your house , neither bid him god speed ; for he that biddeth him god speed , is partaker of his evill deeds : i shall apply to this particular of executing kings unjust commands against their people ; they are partakers of their kings wickednesse , if they do but intertaine their unjust commissions into their houses or bid them god speed ; much more if they execute them either voluntarily , or against their wills , out of an unworthy feare , or base respects . these three conclusions being irrefragable , my first argument to justifie resistance from them shall be this . that violence against the subjects persons , consciences , families , estates , properties , priviledges , or religion , which neither the king himselfe in proper person , nor any his officers , nor souldiers by command from him , have any autoritie by the lawes of god or man , in law or conscience to inflict : and which in conscience ought not to be obeyed , but rejected as a meere nulli●y , even by the instruments enjoyned for to execute it ; may justly with a safe conscience be resisted by the parliament and subjects ; there being not one syllable in gods word to contradict it . but the violence now offered by the kings forces to the parliament and subjects every where , is such . therefore it may justly with a safe conscience be resisted ; especially in the kings commanders and souldiers , who are neither the king himself , nor the higher powers ordained by god ; and no other then plain theeves and murtherers in law and conscience , if they plunder , kill , spoile ; their commissions being but nullities in both ; and they in this particular meere private men , without any authority to iustifie their actions , as i have already proved . secondly , that resistance which is warranted by direct precedents recorded , approved in scripture even by god himself , must questionlesse be lawfull in case of co●science : but the resistance even of kings , their highest magistrates , officers in the execution of their unjust commands is thus warranted . therfore , doubtles , it must be lawfull in point of conscience . the minor ( only questionable ) is thus confirmed . first , by the notable example of the prophet elijah , kings . . to . who sending backe king ahaziah his messengers ( sent by him to enquire of baal●zebub the god of ekron , whether hee should recover of his disease ) with an harsh message to the king , contrary to his command , which they disobeyed ; thereupon this king , in an angry fume , sent two captaines with . men apeece , one after another , to apprehend the prophet for this affront ; ( as g iosephus , with other interpreters accord , ) who comming with their forces to him , said ; thou man of god , the king hath said , come downe quickly . to whom he successively answered : if i be a man of god , then let fire come downe from heaven , and consume thee and thy fifty ; and there came fire from heaven thereupon , and consumed two captaines and their fifties : but the third captaine and his fifty , who humbled themselves to the prophet , and begged the sparing of their lives , were spared ; the angel of the lord bidding the prophet to goe downe with them to the king , and not be afraid . from which text it is infallible , even by a divine miracle from heaven , doubled by god himselfe ; that it is lawfull for subjects in some cases , to resist the unjust violence of the souldiers and captaines of their kings though armed with their regall commands . secondly , by the history of the prophet elisha , kings . , , . who when king ioram ( his soveraigne ) had sworne unjustly in his fury ; god doe so to me and more also , if the head of elisha shall stand on him this day ; and thereupon sent a messenger before him to elisha his house to take away his head ; the prophet was so farre from submitting to this instrument of his ; that he commanded the elders sitting then with him in the house , to looke when the messenger came , and shut the doore , and hold him fast at the doore , though the sound of his masters feet ( the king ) were behind him ; whom he stiles , the sonne of a murderer . might these two eminentest prophets thus openly resist the captaines , souldiers , and unjust executioners of their princes , with a good conscience ; and may not others lawfully doe the like ? no doubt they may . thirdly , ( if i bee not much mistaken ) this kind of resistance is warranted even by christ himselfe , and his apostles : for a little before his apprehention , christ uttered this speech unto his disciples , luke . , , . but now , he that hath no sword , let him sell his garment and buy one , &c. — and they said , lord , behold , here are two swords . and he said unto them , it is enough . why would christ have his disciples buy swords now , unlesse it were for his and their owne better defence , being the time when he was to be apprehended . h soone after this judas and his band of men sent from the high priests , with swords and staves came to seize upon christ . which when they who were about him saw what would follow : they said unto him ; lord , shall we smite with the sword ? his commanding them to buy swords now , was sufficient ground for this question , and intimation enough , that they might now use them : whereupon christ giving no negative answer ; one of them which were with iesus ( and john directly saith it was peter ) smote a servant of the high priest ( whose name was malchus ) and cut off his right eare . hereupon jesus answered and said , suffer yee thus farre : so i luke ; marke relates no answer at all reprehending this fact : k iohn records his speech to peter thus . then , said iesus unto peter , put up thy sword into the sheath . the cup which my father hath given me , shall i not drinke ? to which matthew addes , l thinkinst thou that i cannot pray to my father , and he shall presently give me more then twelve legions of angels ? but how then shall the scriptures bee fulfilled , that thus it must be ? so that the reason why christ bade peter thus to put up his sword ; was not because he thought defence of himselfe , and peters smiting now altogether unlawfull in it selfe ; but onely inconsistent with gods present providence , which it should seeme to crosse . christ was now by m gods eternall decree , and the scriptures prediction , ( which must be necessarily fulfilled ) to suffer death upon the crosse for our iniquities : should peter then , with the other disciples have totally resisted his apprehention at this time , and proceeded still to smite with the sword as they began , till they had rescued our saviour , he could not then have suffered , nor the scriptures be fulfilled : had it not beene for this speciall reason ( rendred by christ himselfe , to cleare all scruples against the lawfulnesse of selfe-defence in such cases , ) peter might still have used his sword to rescue his master from these catchpoles violence ; and if he and his fellowes had beene too weake to withstand them , christ was so farre from imagining that hee might not have lawfully defended himselfe ; that hee informes them , he could ( and would no doubt ) have presently commanded whole legions of angels from heaven , by his fathers approbation , to rescue him from unjust violence . and his speech to pilate , after his taking , plainely , iustifies the lawfulnesse of such a forcible defence with armes to preserve a mans life from unjust execution : iohn . if my kingdome were of this world , then would my servants fight ( in my defence and rescue ) that i should not be delivered to the iewes : but now my kingdom is not from hence . all which considered , clearely justifies , the lawfulnesse of resisting the kings , or higher powers officers , in cases of apparant unjust open violence or assaults ; and withall answers one grand argument against resistance from our saviours present example : namely , * christ himselfe made no resistance when hee was unjustly apprehended ; ergo , christians his followers ( ergo , no kings , no magistrates too , as well as christ the king of kings , and lord of lords , for they are christians as well as subjects ; ) ought not to make any forcible resistance of open violence : which argument is a meere inconsequent ; because the reason why christ resisted not these pursevants , and high priests officers , was onely , that his fathers decree , and the scriptures foretelling his passion might be fulfilled , as himselfe resolves ; not because hee deemed resistance vnlawfull , which he even then approved , though hee practised it not , as these texts doe fully proove . fourthly , the lawfulnesse of a defensive warre , against the invading forces of a soveraigne , is warranted by the example of the city abel ; which stood out and defended it selfe against ioab , davids generall , and his forces , when they besieged and battered it ; till they had made their peace , with the head of sheba who fled into it for shelter , sam. . . to . and by that of ester , ch. . . to . chap : . . to . pertinent to this purpose . where haman having gotten the kings decree , to be sent unto all provinces for the utter extirpation of the whole nation of the iewes , the king after hamans execution ( through gods great mercy , and mordecaies and queene esters diligence ) to prevent this bloody massacre by their enemies , granted to the iewes in every city , by letters under his seale , to gather themselves together , and to stand for their lives , to destroy , to slay , and to cause to perish all the power of the people and province that would assault them , both litle ones and women , and to take the spoile of them for a prey ; and that the iewes should be ready against the day , to avenge themselves of their enemies . hereupon when the day , that the kings commandment and decree ( for their extirpation ) drew neere to be put in execution , in the day that the enmies of the iewes hoped to have power over them ; the iewes gathered themselves together in their cities , throughout all the provinces of king ahasuerus , to lay hand on such as sought their hurt ; and no man could withstand them , for the feare of them fell upon all people : and all the rulers of the provinces , and the lieutenants , deputies , and officers of the king helped the iewes , because the feare of mordecai fell upon them : so the iewes smote all their enemies with the stroake of the sword , and slaughter , and destruction , and did what they would unto those that hated them . in the palace they slew eight hundred men , and hamans tenne sonnes , on severall dayes . and the other iewes that were in the provinces , gathered themselves together , and stood for their lives , and had rest from their enemies , and slew of their foes seventy and five thousand , but they laid not their hands on the prey . loe here a defensive war , justified , and granted lawfull , by the kings owne letters to the iewes , against their enemies , who by former charters from him , had commission wholly to extirpate them . neither had this licence of the king in point of conscience , been lawfull , had their defence and resistance of the kings former commission been wholly unlawfull . and the reason of the kings grant to them , to resist and slay their enemies , that would assault them ; was not simply , because their resistance without it , and standing for their lives , had beene unlawfull , by reason of the kings first unjust decree , which they ought not in conscience to submit to , without repugnancy ; but onely to enable the iewes , then captives , and scattered abroad one from another in every province , with more convenience , securitie , boldnesse , and courage now to joyne their forces together , to resist their malicious potent enemies ; to daunt them the more thereby ; nature it selfe , yea , and all lawes in such a bloody nationall butchery as this , without any just cause at all , both taught and enabled every one of the iewes , to stand for his life , his nations , religions , preservation , even to the last drop of blood . therefore the letters of the king did not simply enable them to resist their enemies , which they might have done without them ; but give them authority to destroy , and slay the wives and little children of their enemies , and to take the spoile of them for a prey ; which they refused to doe , because they deemed it unjust , notwithstanding the kings permission and concession , which as to these particulars , was illegall , and more then hee could justly grant . this generall nationall resistance of gods own people then of their assaulting cruell enemies , even among strangers , in the land of their captivity under a forraigne enemy , with the former and other following precedents , will questionlesse more then conjecturally prove , if not infallibly resolve , the lawfulnesse of a necessary defensive warre , and opposition by free subiects , against their kings assailing forces which seekes their ruine , though armed with their kings commission , and that without any ordinance of parliament authorising them to resist , much more then , when enabled to oppose them by ordinances of both houses ; as the iewes were to resist and slay their enemies by this kings letters and authority . thirdly , that kind of resistance which hath no one text , nor example in scripture to impeach its lawfulnesse , but many texts and precedents to countenance it , must doubtlesse be lawfull in point of conscience . but the resisting of kings invading pillaging , destructive forces ( who have nothing to plead ; to justifie all their villanies but a void illegall warrant ) hath no one text nor example in scripture to impeach its lawfulnesse , for ought i can finde ; ( and if there be any such , i wish the opposites would object it , for rom. . as i shall shew hereafter , doth no waies contradict , but approve it : ) but it hath many texts and precedents to countenance it ; as the premises and sequell attest : therefore it must doubtlesse bee-lawfull in point of conscience . fourthly , it is confessed by all men , ( yea those who are most intoxicated with an o anabaptisticall spirit , condemning all kind of warre , refusing to carry armes to defend themselves against any enemies , theeves , or pirates ) that it is lawfull not onely passively to resist their kings unlawfull commands , and invading forces , but likewise by flight , hiding , or other pollicies , to evade and prevent their violence ; which is warranted not onely by p moses , q davids , and r elijahs , their severall flights from the violence of the egyptians , saul , and iezabel , who sought their lives ; but likewise by s ioseph , mary , and christ himselfe , who fled into egypt to escape the hands and but chery of king herod ; by christs own direction to his disciples matth. . . but when they persecute you in this city , flee yee into another ; and that prediction of his matth. . . behold , i send unto you prophets , and wise men , and scribes , and some of them ye shall kill and crucifie , and some of them shall you scourge in your synagogues , and persecute them from city to city ; which was really fulfilled . acts . . . c. . . c , . . c. . , . c. . , to , c. . . to . c. . . c. . . . c. . , , . cor. . . . rev. . . of which reade more in tertullian his booke de fuga in persecutione . hence then i argue thus . that unjust violence of princes and their armies , which subjects with a safe conscience may decline and flee from , when as they want power , meanes , or convenience to resist it , they may no doubt lawfully resist even with force of armes , when they have sufficient meanes and conveniences to resist , and cannot flee or submit thereto , without the publicke ruine : since the same justice and equity , which enables them by flight or stratagem to decline unjust assaults of a superior power , or its judgements , doth likewise enable them to escape and prevent it with resistance , when they cannot doe it by flight or other policie : if then they may lawfully with a safe conscience hide , flee , or use lawfull policies , to prevent the open injust violence of their kings and their officers , when not guilty of any capitall crime deserving censures ; because by the very light of nature , and law of charity they are obliged to preserve themselves from unjust tyrannie ; and are no wayes bound to subject themselves to the cruelty , the unjust assaults , or oppressions of others : then by the selfesame reason , they may lawfully with force of armes defend themselves against such violent unjust attempts which they are no way obliged to submit unto , when as they cannot conveniently secure themselves and the publicke , but by such resistance , and should both betray their owne , the publicke safety , and religion ( as the subjects and parliament should now do ) in case they did not resist by force of armes to the utmost of their power : and become t worse than . infidels , who have even thus oft provided for their owne and the republickes securitie . fiftly , god himselfe , the fountaine oft justice , the u god of x order , the y preserver of humane society who detests of all tyranny , z cruelty , oppression , injustice , out of his a philanthropie ( which brought the sonne of his bosome from heaven to earth ) would never certainely in point of policy or conscience prohibit that , which is the onely probable meanes and apparent remedy , to prevent , suppresse disorder , tyranny , cruelty , oppression , injustice , yea confusion in the world ; and to preserve good order and humane society : a truth so apparent , that no rationall man can contradict it . therefore questionesse he never prohibited forcible necessary resistance of the highest powers and their instruments in cases of open unjust violence , and hostile invasion made upon their people to ruine them , or subvert their established government , laws , liberties , iustice , religion : there being no other probable ordinary meanes left to any kingdome , nation , people , to preserve their government , lives , lawes , liberties , religion , and to prevent , suppresse , or redresse tyrannie , cruelty , disorder , confusion , yea utter ruine , when their kings and governors degenerate into tyrants , invading them with open force , but onely defensive armes : prayers and teares alone , without military opposition by force of armes , being no more able to defend a person , city or kingdome against oppressing princes and their armies , then against theeves , pyrates or common enemies ; whom they must and ought to resist , as well with armes as orisons , with speares as well as teares , b else they should but tempt the lord and destroy themselves ( like those c iewes and gothes who would not fight upon the sabbath , and so were slaine by their enemies without resistance : ) yea wilfully suffer the common-weale to be subverted , religion extirpated ; lawes trampled under feete , their own posterities to be enslaved , ruined without any opposition , even in a moment . for were it utterly unlawfull , and no lesse than treason or rebellion , in point of conscience for any subjects to take up defensive armes to resist the kings army , or forces , consisting for the most part of papists , delinquents , deboist athesticall persons of broken fortunes , feared consciences and most irreligious lives , i appeale to every mans conscience , how soone these unresisted instruments of cruelty would utterly extirpate our protestant religion , and common faith , for which we are enjoyned earnestly to contend and strive : jude . phil. . . . and shall we then yeeld it up and betray it to our adversaries without strife or resistance ? how sodainely would they ruin our parliament , lawes , liberties ; subvert all civill order , government ; erect an arbitrary lawlesse tyrannicall regency regulated by no iawes but will and iust ? how soone would they murther , imprison , execute our noblest lords , knights , burgesses , best ministers , and commonwealths-men for their fidelity to god , their king and country ? how many noble families would they disinherite ? how many wives , widdowes , virgins would they force and ravish ; what cities , what countries , would they not totally pillage , plunder , sack , ruine , consume with fire and sword ? how soone would our whole kingdome become an acheldama , a wildernesse , a desolation , and the surviving inhabitants either slaves or beasts , if not devils incarnate ? yea how speedy might any private officers , captaines , commanders , by colour of illegall commissions and commands from the king , or of their offices , and all the notorious rogues and theeves of england , under colour of being listed in the kings army , if the people might not in point of law or conscience resist them with armes who came armed for to act their villanies , maliciously rob , spoyle , plunder , murther all the kings leige people , without any remedy or prevention , and by this pretext , that they are the kings souldiers , sodainely seise and gaine all the armes , treasure , forts , ammunition , power of the realme , into their possessions in a moment ; and having thus strengthned themselves , and slaine the kings faithfull subjects , usurpe the crown it selfe if they be ambitious , as many private captaines and commanders have anciently slaine divers roman and grecian emperours , yea sundry spanish , gothish and moorish kings in spain by such practises and aspired to their crowns , ( of which there are sundry such like presidents in most other realmes : ) to prevent , redres , which severall destructive mischiefes to people , kingdome , kings themselves , god himselfe hath left us no other certaine , proper , sufficient remedy but a forcible resistance , which all kingdomes , nations throughout the world , haue constantly used in such cases , as i shall manifest more largely in the appendix . therefore certainely it must needs bee lawfull , being gods and natures speciall ordinance to secure innocent persons , cities , nations , kingdomes , lawes , liberties , lives , estates , religion , and mankinde it selfe , against the hurtfull lusts of unnaturall tyrants , and their accursed instruments , against ambitious , treacherous , male-contented spirits , maliciously bent against the publicke weale , and peace . there are two things onely which usually restraine inferiour persons from murthering , robbing , disseising , injuring one another ; the one is , feare of punishment by the magistrate ; the other , feare and danger of being resisted , repulsed with shame and losse of limbe or life by those they violently assault , injure ; and were this once beleeved , received for law or divinity in the world , that it were unlawful to resist , repulse a theefe , murtherer , riotor , or disseisor comming in the kings name , long enjoy his life , goods , liberty , lands , but some or other would deprive him of them notwithstanding all restraints of lawes , of penalties , and maintaine suites against him with his owne estate violently seised on ; the right of lawfull defence , being every mans best security , to preserve his life , estate , in peace against the violence of another , whence the wisdom of the common law , makes every mans house his castle , in the necessary defence wherof , and of his person , goods from the violence , rape of others , it gives him libertie to beate , repulse , yea kill injurious assailants : which right of defence if once denyed , would open a wide gap to all wickednesse , injustice , disorders whatsoever , and speedily bring in absolute confusion , subversion of all property , law , order . as for emperors , kings , great officers , and other ungodly instruments , armed with princes unjust commissions , who deeme themselves above the reach of humane lawes , censures , and accountable for their unjust actions to none but god himselfe , there is no other knowne barre or obstacle to hinder or restraine their armed violence , tyrannie , oppressions , but onely the feare of the oppressed assaulted subjects armed resistance ; which if once denyed to be lawfull , all royalties would soone be transformed into professed tyrannies , all kings & magistrates into tyrants , all liberty into slavery , property into communitie , and every one would thereby be exposed as a voluntary prey to the arbitrary cruelty covetousnesse , avarice , lusts , of the greatest men . therefore doubtlesse this armed resistance cannot but be lawfull , necessary , just , in point of law and conscience , to eschew these generall mischiefes . sixtly , all will readily grant it lawfull in case of conscience , for subjects to resist a forraigne enemie which invades them with force of armes , though animated by the king himselfe to such invasion ; and why so , but because they are their enemies , who would wrongfully deprive them of their native inheritance , liberties , estates , and worke them harme ; upon which ground , we read in the kings . . that when the moabites heard that the kings of israel , judah and edom came up to fight against them with a great army , they gathered all that were able to put on armour , and upward to withstand them , and stood in the border ; and when ever the midianites , philis●ines , syrians , babylonians , aegyptians , cananites or other enemies came to assault the jsraelites , they presently assembled together in armes to encounter and repulse them , as the histories of joshua , judges , samuel , the kings , chronicles , and nehemiah abundantly evidence , almost in every chapter . if then subjects may with a good conscience resist forragin enemies on this ground alone ; then likewise domestick foes and their kings own forces , when they become open enemies , to rob , kill , plunder , destroy them as inhumanely , as injuriously as the worst forraigne foes , there being the selfe same ground for the lawfulnesse of resistance of the one as the other , and if the ballance encline to one side more than other , an intestine enemie being more unnaturall , unjust , hurtfull , dangerous , and transgressing more lawes of the realme ( which obliege not strangers ) than a forraigner , and a civill warre being far worse , and more destructive than a forraigne ; the resistance of an homebred enemy , must be the more just and lawfull of the two , even in point of conscience . seventhly , the very law of god both alloweth and commands all men , to resist their spirituall enemies , with spirituall armes : jam . . resist the devill and he will flee from you , otherwise he would easily subdue and destroy us . pet. . . . be sober and vigilant , because your adversarie the devill as a rearing lyon walketh about seeking whom he may devoure : whom resist stedfast in the faith , ephes . . to . finally my brethren be strong in the lord , and in the power of his might : put on the whole armour of god , that ye may be able to stand against the wiles of the devill . for we wrestle ( or warre ) not against flesh and blood , but against principalities , against powers , against the rulers of the darknesse of this world , against spirituall wickednesse ( or wicked spirits ) in high places . wherefore take unto you the whole armour of god , that ye may be able to withstand in the evill day , and having done all , to stand : stand therefore having your loynes girded about with truth , &c. above all taking the sheild of faith , wherewith ye shall be able to quench all the fiery darts of the wicked ; and take the helmes of salvation , and the sword of the spirit , which is the word of god : praying alwayes with all prayer and supplication . hence christians are termed , souldiers of iesus christ , and christianity a warfare , against the world , the flesh , and prince of the world , the devill : tim. . , . cor. . . tim. . . iam. . pet. . . rom. . . cor. . . cor. , i say . . rev. . . . in which warfare , we must fight and resist even unto blood striving against sinne , heb. . . vsing not onely prayers and teares , but other spirituall weapons of warre , mighty through god , able to cast downe every high thing that exalteth it selfe , to bring into captivitie every thought to the obedience of christ , and to revenge all disobedience , cor. . . . . if then we may and must manfully resist , and fight against our spirituall enemies , though principalities , powers , rulers , wicked spirits in high places ; and the c prince of this world himself , the devill , when they assaut and seeke to devoure our soules : then by the selfesame reason , we lawfully with a safe conscience , may , yea ought to resist , repulse our corporall enemies when they maliciously , unjustly , forcibly assault us , against all rules of law , of conscience , to murther , enslave , destroy our bodies , soules , religion , the republicke , which must be dearest to us , though they be principalities , powers , rulers , wicked spirits in high places ; yea princes of this world ; with all their under officers and instruments of cruelty , not onely with prayers and teares , but corporall armes and force , because they unnaturally , tyrannically , seeke the destruction of our bodies , estates , liberties , republicke , religion , there being no inhibition in scripture , not to resist the one or other , but infinite texts authorising men , not onely to resist , but warre against , yea slay their malicious open enemies , untill they be sub●ued or destroyed , exod. . . . levi. . . . num. . . deut. . throughout . iosh . c . to c. . sam. . . to . chron. . . . esth . . . neither doe the texts of mat. . luk. . . but i say unto you , that ye resist not evill , but whosoever shall smite thee on the right cheek● , turne to him the other also , and him that taketh away thy cloake , forbid not to take thy c●ate also ; prohibit all actuall resistance of publick violence offered by enemies to our persons , goods , or lawfull defensive warres ; which precept ( as is cleare by the context , and resolved by d augustine , gratian , e alensis , and f others ) extends onely to some private injuries and revenges , and to the inward patient preparation of the mind to suffer two injuries , rather thē maliciously to revenge a single one , especially in cases where we want ability to resist ; not to an actuall bearing of all grosse outward injuries to our persons or estates , without resistance : which precept being given generally to all christians ; to kings and magistrates as well as subjects , if it be strictly urged , prohibits kings and magistrates to resist the violence and injuries of the people , as much as the people , not to repulse the armes violence and oppressions of their princes and governours : and that text of iames . . ye have condemned and killed the just , and he doth not resist you , ( which some thinke is meant of christ alone ) proves onely , that some just men , and many martyrs have beene condemned and killed without resistance , as our saviour was ; not that it is unlawfull to resist an open enemy , theefe or murtherer , who comes to kill , rob , or plunder us against law and conscience . i read of f saint andrew , that when the people can together in multitudes to rescue him out of the hands of a wicked man , and defend him from the injury of death , he teaching them both by word and exemple , exhorted them , not to hinder his martyrdome ; yet the people lawfully rescued innocent ionathan , from that unjust death which his father king saul twice vowed hee should undergoe : g some mens patient suffering death and injuries without resistance , is no better an argument , that all therefore must so suffer without opposition , then that all men ought to yeeld their purses up to high-way theeves , or their persons , goods , ships , to turkes and pyrates , without fight or resistance , because some , yea many have shamefully done it for want of courage when they were able to resist , and so have deservedly lost their purses , shippes , goods , liberties , and become turkish gally-slaves , to the ruine of their estates , bodies , soules , which miseries by a manfull just defence , they might have easily prevented . all which considered ; i see no ground in scripture , nor reason , but that temporall enemies of all kindes which wrongfully invade our persons or estates by open force of armes in a warlike manner , may be resisted with temporall weapons , as well as spirituall enemies with spirituall armes . eighthly , that which all nations in all ages by the very light of nature have constantly practised , as just and lawfull , must doubtlesse h be lawfull in point of conscience , if there be no law of god to the contrary . but selfe-defence against invading tyrants and their instruments hath by the very light of nature beene constantly practised , by all nations in all ages , as just and lawfull , which the premises , the appendix , the histories of all ages evidence ; theire being never any one nation or kingdome for ought i finde , that ever yet reputed it a thing unlawfull in point of conscience ; to resist the open malicious destructive tyranny , violence , hostility of their unnaturall princes , or that desisted from any such resistance , giving themselves up willingly to their outragious lusts and butcheries , without any opposition ( though some private men and martyres have sometimes done it , upon particular reasons , as to avoid the scandall of religion ; to beare witnesse to the truth , for the confirmation and conversion of others ; or for want of power or oportunity to resist ; or to avoyd a generall massacre of their fellow christians , or because they were onely a few private men ; and their religion directly opposite to the lawes and government under which they lived , or the like , not because they judged all resistance simply unlawfull , as i blinde doctors falsey informe us , which i shall prove hereafter ; ) and there is no law of god at all to prohibite such resistance : therefore doubtlesse it must be lawfull , even in point of conscience . ninthly , that which is directly opposite to what is absolutely illegall , and unjust in point of conscience , and the chiefe law full obstacle and remedy , to prevent or redresse it , must certainely be just , be lawfull in the court of conscience , since that which is directly opposite to that which is simply ill , and unjust , must necessarily be good and just . but necessary just defence by force of armes , is directly opposite to that open armed violence , and tyranny which is absolutely illegall and unjust in point of conscience , and the chiefe lawfull remedy and obstacle to prevent or redresse it : as reason , experience and the premises evidence . therefore it must necessarily be just and lawfull , even in the court of conscience . tenthly , that resistance which doth neither oppose the kings royal person , nor lawfull authority ; must certainely be lawfull in point of conscience : but the resistance of the kings forces not accompanied with his person , in the execution of his unjust commands ; is neither a resistance of his royall person , ( for that is absent , and his cavalliers i hope are no kings , nor yet invested with the priviledges of kings ; nor yet of his lawfull authority ; ) his illegall commissions and commands , being meere nullities in law , transferring no particle of his just authority to those who execute them . therefore it must certainely be lawfull in point of conscience . eleventhly , that resistance which is the onely remedy to keepe not onely kings themselves , but every one of their officers and souldiers from being absolute tyrants , monarchs ; and the denyall whereof , equalizeth every souldier , and particular officer to kings , yea god himselfe ( whose prerogative only it is to have an * absolute unresistable wil ; ) must doubtlesse be lawful in the court of conscience . but this necessary defensive resistance now used by the parliament and subjects , in such : for if they may not resist any of the kings officers or souldiers in their plunderings , rapines , fierings , sackings of townes , beating , wounding , murthering the kings leige people and the like ; will not every common souldier and officers be an absolute tyran , equall in monarchie to the great turke himself , and paramount the king , who hath no absolute irresistable soveraignety in these particulars ? either therefore this resistance must be granted , not onely as lawfull , but simply necessary , else every officer and common souldier wi●l be more than an absolute king and monarch , every subject worse than a turkish slave , and exposed to as many uncontrolable soveraignes , as there are souldiers in the kings army , be their conditions never so vile , their qualitie never so mean , and the greatest peeres on the parliaments party , must be irresistably subject to these new absolute soveraignes lusts and wills . twelfthly , if all these will not yet satisfie conscience in the lawfulnesse the justnesse of the parliaments and peoples present forcible resistance of the kings captaines and forces , though armed with an illegall commission ( which makes nothing at all in the case , because voyd in law ) there is this one argument yet remaining which will satisfie the most scrupulous , malignant , opposite conscience : that necessary forcible resistance which is authorised , and commanded by the supreamest lawfull power and highest soveraigne authority in the realme , must infallibly be just and lawfull , even in point of conscience , by the expresse resolution of rom. . and our opposites owne confession ; who have k no other argument to prove the offensive warre on the kings part lawfull , but because it is commanded ; and the parliaments and subjects defensive armes unlawfull , but because prohibited by the king , whom they salsely affirm ? , to be the highest soveraigne power in the kingdome , above the parliament and whole realme collectively considered . but this resistance of the kings popish malignant , invading forces ; is authorized and commanded by the expresse votes and ordinances of both houses of parliament , which i have already undeniably manifested , to be the supreamest lawfull power , and soveraignest authority in the realme , paramount the king himselfe , who is but the parliaments and kingdomes publicke royall servant for their good : therefore his resistance must infallibly be just and lawfull , even in point of conscience . thus much for the lawfulnesse in court of conscience of resisting the kings unjustly assaulting forces , armed with his commission : i now proceede to the justnesse of opposing them by way of forcible resistance when accompanied with his personall presence . that the kings army of papists and malignants , invading the parliaments or subjects persons , goods , lawes , liberties , religion , may even in conscience bee justly resisted with force , though accompanied with his person , seemes most apparently cleare to me , not only by the preceeding reasons , but also by many expresse authorities recorded , and approved in scripture , not commonly taken notice of : as , first , by the ancientest precedent of a defensive warre that we read of in the world , gen. . . to . where the five kings of sodom , gomorrah , admah , zeboiim , and zoar , rebelling against chedolaomer king of nations , after they had served him twelve yeeres , defended themselves by armes and battle against his assaults , and the kings joyned with him : who discomfiting these five kings , pillaging sodom and gomorrah , and taking lot , and his goods along with them as a p●e● : hereupon abraham himselfe , the father of the faithfull , in defence of his nephew lot , to rescue him and his substance from the enemie , taking with him . trained men of his owne family , pursued chedorlaomer , and the kings with him , to dan , assaulted them in the night , smote and pursued them unto hoba , regained all the goods and prisoners with his nephew lot , and restored both goods and persons freely to the king of sodom , thereby justifying his and his peoples forcible defence , against their invading enemies , in the behalfe of his captivated plundred nephew and neighbors . secondly , by the example of the israelities , who were not onely king pharaoh his subjects but bondmen too , as is evident by exod , ch . . to . deut. . . c. . . c. . . c. . . c. . . ezra . . . now moses and aaron being sent by god to deliveer them from their aegyptian bondage , after . yeares captivity , under colour of demanding but three dayes liberty to goe into the wildernesse to serve the lord , and pharoah , ( notwithstanding all gods miracles and plagues , ) refusing still to let them depart , till enforced to it by the slaughter of the egyptians first borne ; as soone as the israelites were marching away , pharaoh and the aegyptians , repenting of their departure , pursued them with their chariots and horses , and a great army even to the red sea , to reduce them ; here upon the israelites being astonished and murmuring against moses , giving themselves all for dead men ; moses sayd unto the people feare ye not , stand still , and see the salvation of the lord , which he will shew to you this day : for the aegyptians whom you have seene to day , ye shall see them againe no more for ever , the lord shall fight for you , &c. and hereupon god himselfe discomfited routed , and drowned them all in the red sea : i would demaund in this case , whether the isralites might not here lawfully ( for their owne redemption from unjust bondage ) have fought against and resisted their lord , king pharaoh , and his invading host , accompanied with his presence , had they had power and hearts to doe it , as well as god himselfe , who fought against and destroyed them on their behalfe ; if so , ( as all men i thinke must grant , unlesse they will censure god himselfe ) then a defensive warre in respect of life and liberty onely , is just and lawfull even in conscience , by this most memorable story . thirdly , by that example recorded iudges . . . . where god growing angry with the israelites for their apostacie and idolatry , sold them ( here was a divine title ) into the hands of cushan-rishathaim king of mesopotamia , and the children of israel served him . yeares . here was a lawfull title by conquest and yeeres submission seconding it . but when the children of israel cryed unto the lord , the lord raised up a deliverer to them even othniel , the sonne of kenaz : and the spirit of the lord came upon him , and he went out to warre , and the lord delivered cushan-rishatiam king of mesopotamia into his hands , and his hand prevailed against him , so the land had rest . yeeres . loe here a just defensive warre approved and raised up by god and his spirit ( in an ordinary manner only , as i take it , by encouraging the instruments ) wherein a conquering king , for redemption former liberties , is not onely resisted but conquered , taken prisoner , and his former dominion abrogated , by those that served him , as conquered subjects . fourthly , by the example of ehud , and the israelites , iudges chap. . . to where we finde , god himself strengthning eglon king of moab against the israelites for their sinnes , who thereupon gathering an army smote israel , possessed their cities , so as the israelites served this king . yeeres . here was a title by conquest , approved by god , submitted to by the israelites : yet after all this , when the children of israel cryed unto the lord , he raised them up a deliverer , namely ehud , who stabbing eglonn the king in the belly , under pretext of private conference with him , and escaping ; he therupon blew the trumpet , commanded the israelites to follow him to the warre , slew ten thousand valiant men of moah , which he subdued , and procured rest to his country . yeeres . god , his spirit , word , approving this his action . fifthly , by the example of barack and deborah , iudges ch . . and . where god selling the children of israel for their sinnes into the hand of iabin king of cannan ; and his captaine sisera , for . yeeres space , during which he mightily oppressed them , hereupon barack , at the instigation of the prophetesse deborah , by the command of the lord god of israel , gathered an army of ten thousand men ; which sisera , and the king of canaan hearing of ; assembled all their chariots and army together , at the river of kishon , where the lord discomfited sisera and all his host , with the edge of the sword before barack his army , and subdued iabin the king of canaan , before the children of israel : which warre is by a speciall song of deborah and barack highly extolled , and god in it , as most just and honorable : and this curse denounced against those that refused to assist in it , iudges . . curse ye meroz ( saith the angel of the lord ) curse ye bitterly the inhabitants thereof , because they come not out to the helpe of the lord , to the helpe of the lord , against the mighty ; with this corolary ; so that thine enemies parish o lord : but let them that love thee be as the sunne when it goeth forth in his might . what more can conscience desire to justifie the lawfulnesse of a just defensive warre ? sixthly , by the example of gideon and the israelites , iudges c. . who being delivered by god into the hands of the prince of midian for seven years , gideon by speciall incouragement and direction from god himselfe , with a poore despicable army of . men , defeated the great hoast of the midianites , and tooke and slew their princes . by these last pregnant presidents , it is most evident , that a forraigne king who hath gained a title onely by conquest ( though with divine concurrence , by way of punishment for that peoples sinne ) may lawfully be resisted , repulsed , even after some yeares forced subjection and submission to him , by the people conquered , to regaine their former liberties . seventhly , by the precedent of abimelech king of shechem , who being elected king by the voluntary assents of the people , god afterwards sending an evill spirit of division between abimelech and the men of shechem ; thereupon they revolted from him , and chusing gael for their captaine , fortified the city against him ; and when abimelech came with an army to take in the towne , they in their defence , went forth and fought with him ; resisted his seige ; and they of the tower of shechem standing upon their guard refused to surrender it after the towne was surprised , and so were burnt . after which comming too neare the wals , at the tower of thebez assaulted by abimelech he had his braines and head so bruised with the peece of a milstone cast downe upon him by a woman , that he called hastily to his armour-bearer , and said unto him , draw thy sword and slay me , that men say not of me ; a woman slew him : whereupon he thrust him through , that he dyed : and so every man departed to his place . thus god rendred the wickednesse of abimelech , and all the evill of the men of shechem upon their own heads , iudges . so the text. eightly , by the example of iepthah , who after that god had sold the israelites for their idolatry into the hands of the children of ammon . yeeres space , iepthah being made head and captaine by the elders and people of gilead , first argued the case with the king of ammon touching the unjustnesse of his warre upon them , desiring god to be iudge betweene them ; and then by gods assistance , smote and subdued the ammonites and their cities , judg. c. . and so cast off their yoake . ninthly , by the practise of sampson , who after god had delivered the isra●lities into the hands of the philistimes who ruled over them forty yeares space , did by gods extraordinary assistance oft encounter , slay and resist the philistimes , rescuing the oppressed israelites from their vassalage ; and at his death slew more of them then in his life , iudg. c. . to . which deliverance was afterwards perfected by samuel , sam. . and approved , nay , wrought by god. tenthly , by the example of david , who being persecuted by fedifragous dissembling king saul his father-in-law ( a notable patterne of the inconstancie and invaliditie of kings solemnest oathes and protestations : ) who contrary to many solemne vowes and feighned reconciliations , sought unjustly to deprive him of his life ; thereupon david retired from the court , entertained a guard of foure hundred men , and became a captaine over them , sam. . . after which abiather escaping to him from nob when the priests there were slaine by doeg , upon saules command , for davids sake , david used these words to him . abide thou with me , feare not , for ●e that seeketh thy life seeketh my life , but with me thou shalt be in safeguard . sam. . . soone after the philistimes beseiging keilah , david by gods encouragement , smote them and saved keilah ; intending there to secure himselfe and his men : which saul hearing of , said ; god hath delivered him into my hands ; for he is shut in by entring into a towne which hath gates and barres , whereupon he called all the people together to beseige david and his men : ( which he needed not doe , did he or any else beleeve , that they would not , ought not to have made any forcible resistance : ) david informed hereof ; enquired seriously of god , whether saul would certainely come downe ? and demanded twice of him : will the men of keila deliver me and my men up into his hand ? and the lord said , they will deliver thee up . had not david and his men resolved to fortifie and defend themselves there , if the men of keilah would have beene faithfull to them , and beleeved they might have resisted saul with his forces , certainely he would never have presumed to aske such a question twice together of god himselfe , to receive his resolution therein , neither would god have vouchased an answere thereto : but his double inquirie , and gods resolution , infallibly demonstrate his intention to resist , and the lawfulnes of his defensive resistance , would the keilites have adhered to him . this the very next words fully cleare , sam. . . then david and his men , about six hundred arose , and departed out of keilah , and went wheresoever they could goe , and it was told saul , the david was escaped from keilah : gods prediction of the keilites treachery was the onely cause of their departure thence , where they had resolved to defend themselves , of which hope being disappointed beyond expectation , they want whither soever they could goe . after which david and his men being but few in number , not able in humane probability , without tempting god , to encounter sauls great forces , retired themselves into woods , mountaines , rocks , strong holds , wildernesses ; where saul pursuing them , they still declined him : but had he and his army ever assaulted them , no doubt they would and might lawfully have defended themselves , else why did they joyne themselves in a body ? why retire to strong holds , and places of advantage ? why * twice urge david to kill saul in cold blood , when he did not actually assault him , but came causually unawares within his danger ? why did david himselfe , say , even when he spared his life when he was a sleepe , sam. . . as the lord liveth , the lord shall smite him , or his day shall come to dye , or he shall descend into battell and perish ? but that if he had given him battle , he might have defended himselfe against him , though saul should casually or wilfully perish in the fight ? and why was david so importunate to goe up against him with king achish to the battle wherein he perished , sam. . were resistance of him , in case he assaulted him , and his forces utterly unlawfull ? this precedent of david then , if rightly weighed , is very punctuall to prove the justnesse of a defensive warre , ( of which more anon ) and no evidence at all against it . eleventhly , by the practise of the tribes : who after their revolt from rehoboam for giving them an harsh indiscreet answere to their just demands , setting up another king and kingdome , even by divine approbation ; rehoboam thereupon raising a great army to fight against and reduce them to his obdience ; god himselfe by semaiah the prophet , sent this expresse inhibition to rehoboam and his army : thus saith the lord , ye shall not go up , nor fight against your brethren returne every man to his house , for this is done of me : whereupon the obeyed the word of the lord and returned : kings . chron. c. . and . after which long warres continued betweene these kingdomes by reason of this revolt , wherein the ten tribes and kings of israel still defended themselves with open force , and that justly , as the scripture intimates chron. . . though that ieroboam and the israelites falling to idolaty , were afterwards ( for their idolatry , not revolt ) defeated by abiah and the men of iudah , who relied upon god , chron. . twelfthly , by the example of the king of moab and his people , who rebelling against iehoram king of israel , and refusing to pay the annuall tribute of lambes and rammes , formerly rendred to him ; hereupon iehoram , iehoshaphat , and the king of edom raising a great army to invade them , the moalites hearing of it , gathered all that were able to put on armour , and upward , and stood in the border to resist them . king. to . and by the practise of the ed●mites , who revolting from under the hand of iudah , made a king over themselves : whereupon ioram king of iudah going up with his forces against them to zair , they encompassed him , in their owne defence ; and though they fled into their tents , yet they revolted from iudah till this day , and libnah too , kings . . . thirteenthly , by the example of samaria , which held out . yeeres siege against shalmazezer king of assyria , notwithstanding their king hoshea had by force submitted himselfe and his kingdome to him , and became his servant . kings . . to . c. . . . fourteenthly , by the practise of godly hezechiah , who after the lord was with him and prospered him whethersoever he went , rebelled against the king of assyria , and served him not ( as some of his predecessors had done ) kings . . whereupon the king of assyria , and his captaines comming up against him with great forces , and invading his country , he not only fortified his cities , and encouraged his people manfully to withstand them to the utter most , but actually resisted the assyrians even by divine direction and encouragement ; and upon his prayer , god himself by his angel for his and jerusalems preservation , miraculously slew in the campe of the king of assria in one night , an hundred fourescore and five thousand mighty men of valour , captaines and leaders ; so as he returned with shame of face to his owne land , king. c. . and . chron. c. . i say c. . and ● . an example doubtlesse lawfull beyond exception , ratified by god himselfe and his angel too . fifteenthly , by the examples of king iehoiakim , and jehoiakin , who successively rebelling against the king of babylon who subdued and put them to a tribute , did likewise successively defend themselves against his invasions , seiges though with ill successe , by reason of their grosse idolatries and other sins . ( not of this their revolt and defence to regaine their freedomes condemned only in ze●echia , for breach of his * oath ; ) whereby they provoked god to give them up to the will of their enemies , and to remove them out of his sight , king. c. . & chr. . ier. c. . & & . finally , by the history of the maccabees and whole state of the iews defensive wars under them , which though but apochryphall in regard of the compiler , yet no doubt they had a divine spirit concurring with them in respect of the managing and actors in them . i shall give you the summe thereof , very succinctly . antio●us epiphanes conquering ierusalem , spoyled it and the temple , set up heathenish customes and idolatry in it , subverted gods worship destroyed the bookes of gods law , forced the people to forsake god , to sacrifice to idols slew and persecuted all that opposed , and exercised all manner of tyranny against them . hereupon mattathias a priest and his sonnes , moved with a godly zeale , refusing to obey the kings command in falling away from the religion of his fathers , slew a iew that sacrificed to an idoll in his presence , together with the kings commissary , who compelled men to sacrifice , and pulled downe their idolatrous altar ; which done they fled into the mountaines , whither all the well-affected iewes repaired to them . whereupon the kings forces hearing the premises pursued them , and warred against them on the sabbath day ; whereupon they out of an over-nice superstition o least they should prophane the sabbath by fighting on it when assaulted , answered them not , neither cast a stone at them , nor stopped the places where they were hid , but said , let us dye all in our innocencie ; heaven and earth shall testifie for us , that your put us to death wrongfully , whereupon they slew both them , their wives , and children , without resistance , to the number of a thousand persons . which mattathias and the rest of their friends hearing of , mourned for them right sore , and said one to another ( marke their speech ) if we all doe as our brethren have done , and fight not for our lives , and lawes against the heathen , they will now quickly roote us out of the earth ; therefore they decreed , saying ; whosoever shall come to make battle with us on the sabbath day , we will fight against him , neither will we doe all as our brethren , that were murthered in their secret places . whereupon they presently gathered and united their forces , assaulted their enemies , recovered their cities , lawes , liberties ; defended themselves manfully , and fought many battles with good successe against the severall kings who invaded and layd claime to their country , as you may reade at large in the bookes of maccabees . all these examples , ( most of them mannaged by the most pious , religious persons of those dayes , prescribed and assisted by god himselfe , whose spirit specially encouraged , strengthned the hands and spirits of the undertakers of them ( as p osiander well observes , ) and therefore cannot be condemned as unjust , without blasphemy and impiety : ) in my opinion are a most cleare demonstration of the lawfulnesse of a defensive warre ( in point of divinity and conscience ) against kings and their armies who wrongfully invade or assault their subjects , though themselves be personally present in their armies , to countenance their unlawfull warres ; and likewise evidence , that a royall title gotten forcibly by conquest onely , though continued sundry yeares , is not so valid in point of conscience , but that it may be safely questioned , yea rejected ; there being no true lawfull title of soveraignety over any people , but that which originally depends upon their owne free election , and unconstrained subjection simply considered , or which is subsequently seconded therewith after a possession got by force or conquest . now that the kings personall presence cannot justifie the unjust actions , or protect the persons of those that assist him in any unlawfull action contrary to the lawes of god , or the realme , is a truth so evident , that it needes no proofe , it being no part of the kings royall prerogative or office , but diametrally repugnant to it , either to doe injury himselfe , or to authorize , or protect others in committing it , as i have elsewhere proved at large . therefore it can administer no patronage nor defence at all to those who accompany his person in the unjust invasions of his subjects , nor dis-able them to defend or repulse their unjust assaults and rapines . for suppose a king should so farre degenerate and dishonour himselfe , as personally to accompany a packe of theeves who should rob his subjects on the high way , break up their houses in the night , or practise piracie on the sea , or commit rapes or murthers on his people every where ; i thinke no man so voyd of reason , law , conscience , but would readily grant , that the subjects in all these cases might lawfully defend themselves by force against these robbers , theeves , murtherers , notwithstanding the kings presence or association with them , whose personall prerogatives , and immunity from assaults or violence being incommunicable , underivable to any other , and peculiar to himselfe alone , he can transfere no such protection to others who accompany him in their injurious practises ; and that these acts of theirs are direct fellonie and murther , for which they might be justly apprehended , condemned , executed , though thus countenanced by the kings owne presence . and if this be truth ( as our law-bookes resolve , and the scripture to in places forecited ) the kings presence can no more deprive the subjects of their necessary just defence against his popish forces , assaults , nor justifie their proceedings , or the present unjust offensive warre , then in the former cases , there being the selfe-same reason in both ; warres being in truth , but greater and more detestable murders , and robberies , when they are unjust , as q cyprian , r augustine , with s others rightly define . thirdly , personall unjust assaults and violence even of kings themselves may in some cases lawfully be resisted by subjects ; this doctor ferne himselfe acknowledgeth , sect. . p. . personall defence is lawfull against the sudden ( much more then against the premeditated ) and illegall assaults of such messengers of the king ; yea , of the prince himselfe thvs farre , to ward his blowes , to hold his hands and the like : not to endanger his person , not to returne blowes ; no : for though it be naturall to defend a mans selfe , yet the whole common-wealth is concerned in his person : the king therefore himselfe , ( much more in his cavalliers ) may thus farre at least safely be resisted in point of conscience . and that he may be so indeed is manifest by two pregant scripture examples , the first is that of king saul , sam . . to . where ionathan and his armour-bearer , routing the philistimes whole army , violated his father sauls command , of which he was wholy ignorant in taking a little honey one the end of his sticke in the pursuite ; hereupon king saul , most rashly and unjustly vowed twice one after another , to put him to death : whereupon the people much discontented with this injustice , were so farre from submitting to the kings pleasure in it , that they presently said to the king : shall jonathan dye , who hath wrought so great salvation in israel ? god forbid : as the lord liveth there shall not one haire of his head fall to the ground , so the people , rescved jonathan that he dyed not ; though he were not onely king sauls subject , but sonne too . indeede it appeares not in the text , that saul offered any violence to ionathans person , or the people to sauls : and it may be the peoples peremptory vow and unanimous resolution to defend jonathan , from this unjust sentence of death against him , made saul desist from his vowed bloody intendment : but the word rescued , with other circumstances in the story , seeme to intimate , that ionathan was in hold to be put to death , and that the people forcibly rescued him , out of the executioners hands . however , certainely their vow and speeches declare , that if saul himselfe or any other by his commanded had assaulted ionathan to take away his life , they * would have forcibly resisted them and preserved his life , though with losse of their owne , beleeving they might lawfully doe it , else they would not have made this resolute vow ; nor could they have performed it , had saul wilfully proceeded , but by a forcible rescue and resistance of his personall violence . the other is that of king vzziah , chron. . . to . who presumptuously going into the temple against gods law , to burne incense on the altar , azariah the high priest , and with him fourescore priests of the lord , that were valiant men went in after him , and withstood ( or resisted ) vzziah the king ; and said unto him ; it appertaineth not unto thee vzziah to burne incense unto the lord , but to the priests the sonnes of aaron , that are consecrated to burne insence : go out of the sanctuary for thou hast trespassed , neither shall i● be for thine honour from the lord god. then vzziah was wroth , and had a censor in his hand to burne incense , and whiles he was wroth with the priests , the leprosie rose up in his forehead : and azariah , and all the priests looked upon him , and behold he was leprous in his forehead : and they thrvst him ovt from thence ; yea himselfe hasted also to goe out , because the lord had smitten him . if then these priests thus actually resisted king vzziah in this sinfull act , thrusting him perforce out of the temple when he would but offer incense ; much more might they , would they have done it , had he violently assaulted their persons . if any king shall unjustly assault the persons of any private subjects , men or women , to violate their lives or chastities ( over which they have no power ) i make no doubt , that they may and ought to bee resisted , repulsed , even in point of conscience , but not slaine ; though many kings have lost their lives , upon such occasions : as s rodoaldus the . king of lumbardy anno . being taken in the very act of adultery by the adulteresses husband , was slaine by him without delay ; and how kings attempting to murther private subjects unjustly , have themselves beene sometimes wounded , and casually slaine , is so rise in stories , that i shall forbeare examples : concluding this with the words of t iosephus , who expressely writes . that the king of the israelites ( by gods expresse law , deut. . ) was to doe nothing without the consent of the high priest and senate , nor to multiply money and horses over much , which might easily make him a contemner of the lawes ; and if he addicted himselfe to these things more than was fitting . he was to be resisted , least he became more powerfull then was expedient for their affaires . to these authorities , i shall onely subjoyne these . undeniable arguments to justifie subjects necessary defensive wars , to be lawful in point of conscience against the persons and forces of their injuriously invading soveraignes . first , it is granted by all as a truth irrefragable , that kings by force of armes may justly with safe conscience , resist , repulse , suppresse the unlawfull warlike invasive assaults , the rebellious armed insurrections of their subjects , upon these two grounds , because they are u unlawfull by the edicts of god and man ; and because kings in such case , have no other meanes left to preserve their royall persons , and just authoritie against offensive armed rebellions , but offensive armes : therefore subj●cts by the selfe-same grounds , may justly with safe consciences resist , repulse , suppresse the unjust assayling military forces of their kings in the case fore-stated , though the king himselfe be personally present and assistant , because * such a war is unlawfull by the resolution of god and men , and against the oath , the duty of kings : and because the subjects in such cases have no other meanes left to preserve their persons , lives , liberties , estates , religion , established government from certaine ruin , but defensive armes . there is the selfe same reason in both cases , being relatives , therefore the selfesame law and conscience in both . secondly , it must be admitted without debate ; that this office of highest and greatest trust , hath a condition in law annexed to it ( by littletons owne resolution ) to wit , that the king shall well and truely preserve the realme , and do that which to such office belongeth ; which condition our king by an expresse oath to all his people solemnely taken at their coronation , with other articles expressed in their oath ( formerly recited ) is really bound both in law and conscience exactly to performe , being admitted and elected king by the peoples suffrages upon solemne promise , a to observe the same condition to the uttermost of his power , b as i have a c elsewhere cleared . now it is a cleare case resolved by f marius salomonius , confirmed at large by rebussus by . unanswerable reasons , the authorities of sundry civill lawyers , and canonists quoted by hi● ; agreed by d albericus gentiles and hugo grotius , e who both largely dispute it ; that kings as well as subjects are really bound to performe their covenants , contracts . conditions , especially those they make to all their subjects , and ratifie with an oath ; since god himselfe who is most absolute , is yet mostf firmly oblieged by his oathes and covenants made to his despicable vile ereatures , sinfull men ; and never violates them in the least degree . if then these conditions and oathes be firme and obligatory to our kings ; if they will obstinately breake them , by violating their subjects lawes , liberties , properties , and making actuall warre upon them ; the condition and oath too would be meerely voyde , ridiculous , absur'd , an high taking of the name of god in vaine , yea a plaine delusion of the people , if the whole state or people in their owne defence might not justly take up armes , to resist their kings and their malignant forces in these persidious violations of trust , conditions , oaths ; and force them to make good their oath and covenants , when no other means will induce them to it . even as the subjects oath of homage and allegiance g would be meerely frivilous , if kings had no meanes nor coercive power to cause them to observe these oathes , when they are apparently broken : and many whole kingdomes had been much over seene in point of policie , or prudence , in prescribing such conditions and oaths unto their kings , had they reserved no lawfull power at all which they might lawfully exercise in point of conscience , to see them really performed , and duely redressed , when notoriously transgressed , through wilfulnesse , negligence , or ill pernicious advice . thirdly , when any common or publick trust is committed to three or more , though of subordinate and different quality , if the trust be either violated or betrayed , the inferiour trustees , may and ought in point of conscience to resist the other . for instance ; if the custody of a city or castle be committed to a captaine , leutenant , and common souldiers : or of a ship to the master , captaine , and ordinary mariners : if the captaine or master will betray the city , castle , or ship to the enemie or pirates , or dismantle the city wals and fortifications to expose it unto danger , or will wilfully run the ship against a rocke to split , wrecke it , and indanger all their lives , freedomes , contrary to the trust reposed in them ; or fire or blow up the city , fort , ship : not onely the leiutenant , masters mate , and other inferiour officers , though subject to their commands , but even the common souldiers and marriners may withstand and forcibly resist them , and are bound in conscience so to doe , because else they should betray their trust , and destroy the city , fort , ship , and themselves too , which they are bound by duty and compact to preserve . this case of law and conscience is so cleare , so common in daily experience that no man doubts it : the care and safety of our realme by the originall politicke constitution of it , alwayes hath beene and now is , committed joyntly to the king , the lords , and commons in parliament , by the unanimous consent of the whole kingdome . the king the supreame member of it , contrary to the trust and duty reposed in him , through the advise of evill councellors wilfully betrayes the trust and safety of this great city and ship of the republicke ; invades the inferiour commanders , souldiours , citizens , with an army : assaults , wounds , slayes , spoyles , plunders , sackes , imprisons his fellow trustees , souldiers , marriners , citizens , undermines the walls , fires the city , ship , delivers it up to theeves , pyrates , murtherers , as a common prey , and wilfully runnes this ship upon a rocke of ruin . if the lords and commons joyntly intrusted with him , should not in this case by force of armes resist him , and his unnaturall instruments , ( there being no other meanes else of safety left them ) they should sinfully and wilfully betray their trust , and be so farre from keeping a good christian conscience in not resisting by force , that they should highly sinne against conscience , against their trust and duty , against their naturall country , yea and their very allegiance to the king himselfe , by encouraging him in , and consenting unto these proceedings , which would make him not to be a king , but tyrant , and destroy him as a king , in the spoyle and ruine of his kingdome , thereby endangered to be consumed ) and tempt god himself : as pope nicholas , and * gratian resolve in these words . if there be no necessity we ought at all times to abstaine from warres , but if inevitable necessity urge us , we ought not to abstaine from warres , and warlike preparations for the defence of our selves , of our country , and paternall lawes , no not in lent , least man should seeme to tempt god , if when he hath meanes , he provide not for his owne and others safety , and prevents not the detriments of holy religion . fourthly , b those injuries which allies and other neighbour states or princes may with good conscience repulse with armes from subjects wrongfully oppressed , invaded tyrannically by their soveraignes , or their wicked instruments , at , or without the subjects intreaty , when they are unable to relieve themselves : no doubt the subjects themselves , if able , may with better reason , and as good conscience resist and repell ; because every man is u nearer , and more oblieged to defend and preserve himselfe and those of his owne nation , religion , blood , then strangers are , and may with lesse publick danger , inconvenience , and more speede effect it , then forraigners : but allies and forraigne neighbour states and princes , as x gratian ( o●t of the . councell of carthage ; augustine , ambrose , hierom , anastatius , calistus and other ) y albericus gentilis , z john bodin , a huga grotius , and generally all ●●nonists , casuists , scho●lemen accord , may in many cases with good conscience , by for● of arms repulse from subjects wrongfully oppressed , invaded , and tyrannically abused , the injuries offered them by their soveraignes ; and that either at , and in some cases without the subjects intreaty : which they prove by moses his slaying the aegyptian that oppressed the hebrew . exod. . . to . by joshua his ayding of the gibeonites against the five kings that made war against them , josh . . by the example of jehoshaphat , kin. . kings . of the chiefe . captaines securing paul with a gard of souldiers against the iews who had vowed his death , acts . by abrahams rescuing lot , gen. . by sundry ancie●t and late examples in story . therfore subjects themselves no doubt if able , may with good reason and conscience , lawfully resist , and repell their princes invading forces , though accompanied , assisted with his personall presence . fifthly , it is yeelded by all divines , lawyers , canonists , schoolemen ; as c gratian , d ban●es , e seto , f lessius , g vasquius , h covaruvi●s , i aquinas , k sylvester , l bartolus , m baldus , n navarre , o albericus gentilis , p grotius and others , that private men by the law of god , and nature , may in defence of their lives , chastities , principall members , and estates , lawfully resist all those who forcibly assault them , to deprive them thereof ; yea and slay them to , unlesse they be publicke persons of eminencie , by whose slaughter the commonweale should sustaine much prejudice , whose lives in such cases must not be willingly hazzarded , though their violence be resisted : which is cleerely prooved by iudges . . . to . sam. . . to . deut. . . . since therefore all these are apparently indangered by an invasive warre and army , more then by any private assaults ; and no ayde , no assistance or protection against the losse of life , chastitie , estate , and other violences , injuries which accompany wars can be expected from the lawes , or prince himself ( the fountaine of this injustice , ) or legall punishments inflicted on the malefactors , whose armed power being above the reach of common justice , and injuries countenanced , abetted , authorised by the soveraine who should avenge and punish them , every subject in particular , and the whole state in parliament assembled in generall , may and ought in point of conscience joyntly and severally to defend themselves , their neighbours , brethren , but especially their native countrey , kingdome , whose generall safety is to be preferred before the lives of any particular persons , how great or considerable soever , which may be casually hazarded by their owne wilfulnesse , though not purposely endangered or cut off in the defensive incounter , by those who make resistance . and if ( according to q cajetan and other schoolemen , ) innocents which onely casually hinder ones flight from a mortall enemie may be lawfully with good conscience slaine by the party pursued , in case where he cannot else possibly escape the losse of his owne life , because every mans owne life is dearer to him then anothers , which he here takes away onely to preserve his owne life , without any malicious murtherous intent , though others doubt of this case : or if innocent persons set perforce in the front of unjust assailants ( as by the cavalleires at brainford and elsewhere , ) to prevent defence , and wrong others with more securitie and lesse resistance , may casually be slain , ( though not intentionally ) by the defensive party ( as i thinke they may ) for prevention of greater danger and the publicke safety ; r then certainely those of publicke place and note ; who wilfully and unnaturally set themselves to ruine their country , liberty , religion , innocent brethren ( who onely act the defensive part , ) and voluntarily intrude themselves into danger , may questionlesse with safe conscience be resisted , repulsed : in which if they casually chance to lose their lives without any malice or ill intention in the defendants , it being onely through their owne default , such a casuall accident when it happens , or the remote possibility of it in the combate before it begins , cannot make the resistance either unjust or unlawfull in point of conscience ; for then such a possibility of danger to a publike person should make all resistance unlawfull , deprive the republicke wholly of this onely remedy against tyrannicall violence , and expose the whole common-weale to ruine , whose weale and safety , is to be preferred before the life or safety of any one member of it whatsoever . having thus at large evinced the lawfulnesse of subjects necessary forcible resistance , & defensive wars against the unjust offensive forces of their soveraignes ; i shall in the next place answere the principall arguments made against it , some whereof ( for ought i finde ) are yet unanswered . these objections are of foure sorts , out of the old testament , the new ; from reason , from the example of the primitive christians , backed with the words of some fathers ; i shall propound and answere them in order . the first out of the old testament , is that of numb . . u korah , dathan , and abiram for their insurrection against that very divine authority which god himselfe had delegated to moses and aaron , without any injury or injustice at all once offered to them or any assault upon them . ergo ( marke the non-sence of this argumentation ) no subjects may lawfully take up meere necessary defensive armes in any case to resist the bloody tyrannie , oppression , and outrages of wicked princes , or their cavalleires , when they make warre upon them to destroy or enslave them . an argument much like this in substance . no man ought to rise up against an honest officer or captaine in the due execution of his office , when he offers him no injury at all . therefore he ought not in conscience to resist him when he turnes a theefe or murtherer , and felloniously assaults him , to rob him of his purse , or cut his throate . or , private men must not causelesly mutinie against a lawfull magistrate for doing justice and performing his duty : ergo the whole kingdome in parliament may not in conscience resist the kings captaines and cavalleeres , when they most unnaturally and impiously assault them to take away their lives , liberties , priviledges , estates , religion , oppose and resist justice , and bring the whole kingdome to utter desolation . the very recitall of this argument is an ample satisfactory refutation of it , with this addition . these seditious levites rebelled against moses and aaron , onely because god himselfe had restrained them from medling with the priests office which they would contemptuously usurpe , and therefore were most severely punished by god himself , against whose expresse ordinance they rebelled : ergo , the parliament and kingdome may in no case whatsoever , though the king be bent to subvert gods ordinances , religion , lawes , liberties , make the least resistance against the king or his invading forces , under paine of rebellion , high treason , and eternall condemnation , this is doctor fernes and some others , bedlam logicke , & divinity . the next is this , thou shalt not revile the gods , nor curse the ruler of thy people , ex. . . * eccl. . . curse not the king no not in thy thought , and curse not the rich in thy bed-chamber ; ( which is well explained by prov. . . it is not good to strike princes for equitie . ) ergo it is unlawfull for the subjects to defend themselves against the kings popish depopulating cavaleers . i answer , the first text pertaines properly to judges and other sorts of rulers , not to kings , not then in being among the israelites : the second , to rich men as well as kings . they may as well argue then from these texts : that no iudges nor under-rulers , nor rich men whatsoever , though never so unjust or wicked , may or ought in conscience to be resisted in their unjust assaults , riots , robberies , no though they be bent to subvert religion , lawes , liberties : as that the king and his souldiers joyntly or severally considered , may not be resisted : yea , these acute disputants may argue further by this new kinde of logicke : christians are expresly prohibited to curse or revile any man whatsoever , under paine of damnation , rom. . . mat. . . levit. . numb . . . . sam. . . levit. . . c. p . . . levit. . . prov. . . cor. . cor. . . pet. . . jude . ergo , we ought to resist no man whatsoever , ( no not a theefe that would rob us , cut-throate cavaleers that would murther us , lechers that would ravish us ) under paine of damnation . what pious profitable doctrine , thinke you , is this : all cursings and railings are simply unlawfull in themselves : all resistance is not so , especially that necessary we now discourse of , against unlawfull violence to ruine church and state. to argue therefore , all resistance is simply unlawfull , because cursing and reviling ( of a different nature ) are so , is ill logicke , and worse divinity . if the objectors will limit their resistance , ( to make the argument sensible , ) and propose it thus : all cursing and reviling of kings and rulers for executing justice impartially ( for so is the chiefe intendment of the place objected , delinquents being apt to clamour against those who justly censure them ) is unlawfull ; ergo the forcible resisting of them in the execution of justice and their lawfull authority is unlawfull : the sequell i shall grant , but the argument will be wholy impertinent , which i leave to the objectors to refine . the third argument is this : that which peculiarly belongs to god , no man without his speciall authority ought to meddle with : p but taking up armes peculiarly belongeth to he lord. deut . . where the lord saith , vengeance is mine : especially the sword , which of all temporall vengeance is the greatest . the objector puts no ergo , or conclusion to it , because it concludes nothing at all to purpose , but onely this . ergo , the king and cavalleeres must lay downe their armes and swords , because god never gave them any speciall commission to take them up . or , ergo , no man but god must weare a sword , at least of revenge ; and ●hether the kings and cavalleers offensive , or the parliaments meere defensive sword , be the sword of vengeance and malice , let the world determine , to the objectors shame . the fourth is , from q eccles . . . . . i councell thee to keepe the kings commandment and that in regard of the oath of god : be not hasty to goe out of his sight , stand not in an evill thing ; for he doth whatsoever pleaseth him : where the word of a king is there is power ; and who may say unto him , what dost thou ? this text administers the opposites a double argument , the first is this ; all the kings commands are to be kept of all his subjects , by vertue of the oathes of supremacy , alleigance , and the late protestation including them both : ergo , by vertue of these oathes we must not resist his cavalleeres , but yeeld our thoates to their swords , our purses and estates to their rapines , our chastities to their lecheries , our liberties to their tyrannies , our lawes to their lusts , our religion to their popish superstition and blasphemies , without any opposition , because the king hath oft commanded us not to resist them . but seeing the oath and law of god , and those oathes of ours , obleige us onely , to obey the kings just legall commands and no other , not the commands and lusts of evill councellors and souldiers , this first argument must be better pointed ere it will wound our cause . the second , this : the king may lawfully do whatsoever pleaseth him ergo , neither are he , or his forces to be resisted . to which i answer , that this verse relates onely unto god , the next antecedent ; who onely doth and may doe what he pleaseth , and that both in heaven and earth , psal . . . psal . . esay . . not to kings who neither may nor can doe what they please in either , being bound both by the laws of god , man , and their coronation oathes ( perchance the oath of god here meant , rather then that of supremacie or alleigance ) to doe r onely what is lawfull and just , not what themselves shall please . but admit it meant of kings , not god : first the text saith not , that a king may lawfully doe what he pleaseth : but he doth whatsoever pleaseth him : solom●n himselfe s committed idolatry , built temples for idolatrous worship , served his idolatrous wives gods , married with many idolatrous wives , greivously oppressed his people , &c. for which god threatned to rent the kingdome from himself , as he did the ten tribes from his son , for those sinnes of his : t david committed adultery , and wilfully numbred the people ; and what king jeroboam , manasseh , ahab , other wicked kings have done , out of the pleasure and freedome of their lawlesse wills , to the infinite dishonour of god , the ruine of themselves , their posterities , kingdomes , is sufficiently apparent in u scripture ; was all therefore just , lawfull , unblameable , because they did herein whatsoever they pleased , not what was pleasing to god ? if not , as all must grant : then your foundation failes ; that kings may lawfully doe whatsoever they will ; and solomons words must be taken all together not by fragments ; and these latter words coupled with the next preceeding ; stand not in an evill matter : and then pauls words will well interpret his , rom. . . but if thou doe that which is evill be afraid , for he beareth not the sword in vaine , for he is the minister of god , a revenger to execute wrath upon them that doe evill . so that the genuine sence of the place is , and must be this . stand not in an evill matter , for the king path an absolute power to doe whatsoever he pleaseth , in way of justice to punish thee , if thou continue obstinate in thy evill courses ; to pardon thee , if thou confesse , submit , and crave pardon for them . ergo , the king and his cavalleeres have an absolute power to murther , plunder , destroy his subjects , subvert religion , and he and his forces must not herein be resisted , is an ill consequent from such good premises . the third is this : where the word of a king is , there is power , * and who may say unto him what dost thou ? ( that is , expostulate with , censure him for doing justly , as iob . . . . expound it , ) ergo the king or his forces may not be resisted in any case : they might rather conclude . therefore neither kingdome nor parliament , nor any subject or person whatsoever ought to demand of the king , to what end , or why he hath raised forces and armed papists against the parliament , and protestant religion ? these court-doctors might as truely conclude from hence : if the king should command us to say masse in his chappell , or our parishes , to adorne images , to turne professed masse-priests , &c. to vent any erronious popish doctrines ; to pervert the scriptures to support tyrannie and lawlesse cruelty : we must and will ( as some of us doe ) cheerefully obey ; for where the word of a king is , there is power , and we may not say unto him , what dost thou ? if a king should violently ravish matrons , defloure virgins ; unnaturally abuse youth , cut all his subjects throates , fire their houses , sacke their cities , subvert their liberties ; and ( as x bellarmine puts the case of the popes absolute irresistible authority ) send millions of soules to hell ; yet no man under paine of damnation , may or ought to demande of him , domine cur ita facis ? sir , what doe you ? but was this the holy ghosts meaning thinke you , in this place ? if so , then y nathan was much to blame for reprehending king davids adultery . z azariah and the . priests who withstood king vzziah when he would have offered incense , on the incense altar , and thrust him out of the temple , telling him , it pertaineth not to thee vzziah , to burne incense to the lord , &c. were no lesse then traytors . john baptist was much over-seene to tell king herod , it is not lawfull for thee to have thy brothers wife . the prophet who sharpely reprehended amaziah for his idolatry and new altar , chron . . . was justly checked by the king . eliiah was to be rebuked , for telling ahab so plainely of his faults , a and sending such a harsh message to king ahaziah ; elisha much to be shent for using such harsh language to king jehoram , kings . . . yea samuel and hanani deserved the strappado for telling king saul , and asa , that they had done foolishly , sam. . . chron. . b . the meaning therefore of this text , so much mistaken , ( unlesse we will censure all these prophets , and have kings not onely irresistible but irreprehensible for their wickednesse ) is onely this : no man may presume to question the kings just actions , warranted by his lawfull royall power : ( this text being parallel with rom. . . . . . ) what then ? ergo , none must question or resist his , or his cavalleers unjust violence and proceedings , ( not the parliament the supremest iudicature and soveraigne power in the kingdome ) is a ridiculous consequence : yet this is all this text doth contribute to their present dying bad cause . the . is that usually objected text of c psal . . , . touch not mine annointed . ergo the king and his cavaleers must not be so much as touched nor resisted , i wonder they did not as well argue , ergo none must henceforth kisse his majesties hand ( since it cannot be done without touching him , ) neither must his barber trim him , nor his bedchamber-men attire him , for feare of high treason in touching him : and the cavaleers must not henceforth be arrested for their debts , apprehended for their robberies and murthers ; neither must the chyrurgion dresse their wounds , or pock-soars , or otherwise touch them , ( so dangerous is it to touch them , not out of fear of infection , but ) for fear of transgressing this sacred text , scarce meant of such unhallowed god-dammee● . such conclusions had been more literall and genuine then the first . but to answer this long since exploded triviall objection , not named by dr ferne , though revived by others since him . i say first , that this text concernes not kings at all , but the true anoynted saints of god their subjects , whom kings have been alwayes apt to oppresse and persecute , witnesse psal . . . &c. act. . . . act. . , , with all sacred and ecclesiasticall histories , ancient or moderne . this is most apparent ; first , because these words were spoken by god to kings themselves , as the text is expresse , psal , . chron. . , . he suffered no man to do them wrong , but reproved even kings for their sakes , saying , ( even to king themselves , namely to king pharaoh , an king abim●lech , gen. . . to . chap. . and . to . ) touch not mine anointed , and do my prophets no harm : therefore not meant of kings . secondly , because these words were spoken directly and immediately of abraham , isaac , iacob , their wives and families , as it is evident by verse . the whole series of the psalme , which is historicall ; the forecited texts of genesis to which the words relate , the punctuall confession of augustine , and all other expositors on this psalm ; now neither they , nor their wives , nor their children clearly , were actuall , much lesse anointed kings ; for first , they lived long before the government of kings was erected among the israelites , of whom d saul was the first . . they had no kingdom nor territories of their own when these words were uttered , but were strangers in the land , going from one nation and kingdom to another , sojourning obscurely like pilgrims and strangers upon earth , in egypt , and gerar , under king pharaoh , abimelech , and other princes , not as kings , but subjects and private men , as verse . . gen. . and . and chap. . . chap. . . deut. . . hebr. . . resolve . thirdly , they were but very few men in number , verse . genesis . . they were masters onely of their own small families , and that under forraign kings ; therfore doubtlesse no kings at all . fourthly , this was spoken of these patriarchs wives and families , as well as of themselves , ( and they certainly were no kings , unlesse you will have kingdoms consisting onely of kings , and no subjects at all ) verse . . gen. . . to . chap. . . to . chap. . . chap. . . chap. . . fifthly , the scripture no where calls them kings , much lesse the text , which terms them expresly prophets , touch not mine anointed , and do my prophets ( not properly so taken , but largely , that is , my servants , my chosen people , as verse . expounds it ) no harm : the later clause , do my prophets no harm , being an exact interpretation of the former , touch not mine anointed , that is , my prophets and servants , so far forth as to do e them harm ; for in a common sence , no doubt , they f might be touched without offence to god or them , by way of imbracement , assistance , and the like sixtly , though there were kings in abrahams dayes or before , as is evident by gen. . , , &c. yet there were no anointed kings , nor were kings ever called gods anointed till sauls dayes , who was the first anointed king i read of , sam. . . and the first king ever stiled , the lords anointed sam. . , . whereas priests were anointed long before , exodus . . chap. . , . therefore anointed in the text cannot be meant of kings , or of persons actually anointed , but onely of those saints of god , who were metap●●rically and spiritually anointed , having the gifts and graces of gods spirit , psal . . , . hab. . . . cor. . . iohn . . eze. . . isay . . this text then being not meant of kings which are actually , but of christians onely spiritualy anointed , in regard of which anointing ( as i have g elsewhere largely manifested ) they are in scripture , not onely stiled christians ( which in plain english is annoynted ) acts . . c. . . pet. . . but christ ( in the abstract ) cor. . . ephes . . , . the members , body , flesh and bones of christ . cor. . , . ephes . . . c. . , , . col. . . yea , kings and priests unto god the father : exod. . . pet. . . revel . . . c. . . c. . . for whom god hath prepared a heavenly kingdom , ( wherein they shall reign with christ for ever ) with an everlasting crown of glory too , matth. . . c. . . luke . . c. . . . col. . . thess . . . corinth . . . tim. . . c. . . heb. . . pet. . . pet. . . iam. . . revel . . . the proper argument then that can be thence deduced by our opposites , is but this non sequitur . kings themselves must not touch gods spiritually anointed saints and servants to do them harm ; ergo , if kings do violently and unjustly make warre upon them , not onely to harm , but plunder , murther , destroy them utterly , extirpate that religion they professe and are bound to maintain , they are obliged in point of conscience , under pain of damnation , not to resist ; whereas the conclusion should be directly contrary . therefore they may lawfully with good conscience resist them to the uttermost , in such cases : for since god hath thus directly enjoyned kings , not to touch , or do them harm ; if kings will wilfully violate this injunction , they may with safe conscience , by force of arms withstand , repulse , their unjust violence , and hinder kings or their instruments from doing them that iniury which god himself prohibits ; else they should be accessories to their kings iniustice , and authors of their own wrongs , according to these received maximes ; h qui non pohibet malum quod potest , jubet ; qui potest obviare & perturbare perversos & non facit , nihil est aliud quam favere eorum impietati : nec caret scrupulo societatis occultae , qui manifesto facinori desinit obvi●re . qui definit obviare cum potest , consentit : used by ambrose , hierome , augustine , isiodor , anastatius , and gratian , who recites , applies them to defensive wars . and if our opposites ( who pervert this text by translating it from subjects and saints , to kings ) may in their erronious sence safely argue thence , that if subiects take up arme against their princes , contrary to this text , their princes may by vertue of this precept , iustly resist them with force , and repulse their iniuries ; then by the true genuine sence thereof ( being meant of subiects , saints , not kings ) if kings will violently assault and make war upon saints , their subiects , to harm them , they may with as good reason and conscience defend themselves against their kings and ill instruments , as their kings protect themselves in this sort against them , and that by authoritie of this text , by our opposites own argumentation . thirdly , admit this scripture meant of kings , yet what strength is there in it to priviledge them from iust necessary resistance ? if any , it must rest in the word annointed ; but this will afford kings no such corporall priviledges as many fancie , neither from lawfull resistance , nor deposition , nor sentence of death it self , which i shall undeniably evidence to refute a commonly received errour : for , first , it is apparent , that the anointed here meant , are such onely who are spiritually annointed , either with the externall profession and ceremonies of gods true religion , or with the internall graces of the spirit ; for neither abraham , isaac , iacob , nor their families ( nor any kings or priests in their dayes ) for ought we finde , were corporally annointed . besides , the annointing here intended , is that which is common to i priests and prophets ( as touch not mine annointed , and do my prophets no harm , infallibly proves ) rather then that which is peculiar to kings . whence i thus argue , that annointing which is common to subiects as well as kings , and cannot secure any subiects , who in the genuinesence of the text , are gods annointed , from iust resistance , corporall violence , legall censures , or death , cannot in or of it self alone secure kings from any of these , no further then it secures subiects : for the annointing being the same in both , must have the self-same operation and immunities in both . but this anointing in subiects can neither exempt their persons from necessary iust resistance , if they unlawfully assault or war upon their superiours , equalls , inferiours ; nor free them from arrests , imprisonments , arraignments , deprivations , or capitall censures , if they offend and demerit them , as we all know by k scripture and experience : therefore it can transfer no such corporall immunities or exemptions from all or any of these , to kings ; but onely , exempt them from unlawfull violence and injuries , in point of right , so far forth , as it doth other subjects . in a word , this annointing being common to all christians , can give no speciall prerogative to kings , but onely such as are common to all subiects , as they are christians . secondly , admit it be mean● of an actuall externall anoynting , yet that of it self affords kings no greater priviledge then the inward unction , of which it is a type , neither can it priviledge them from just resistance , or just corporall censures of all sorts . first , it cannot priviledge them from the iust assaults , invasions , resistance , corporall punishments of other forraign kings , princes , states , subiects not subordinate to them , who upon any iust cause or quarrell may lawfully resist , assault , wound , apprehend , imprison , slay , depose , iudge , censure forraigne kings , even to death ; as is apparent by l s●hon king of the amorites , and og the king of bashan , slain , the king of m ai hanged by ioshua , the n five kings of canaan that besieged gibeon , on whose ne-ks ioshua made his men of war to put their feet , then smote , slew , and hanged them upon five trees . who also assaulted , resisted , imprisoned , condemned , slew , executed divers other o kings of canaan , to the number of thirty one in all ; by king p adonibezek , q eglon , r agag , with other heathen kings , imprisoned , stabbed , hewen in pieces by the israelites . if any obiect , these kings were not actually annoynted , which they cannot prove , since s cyrus an heathen king , is stiled gods annoynted ; no doubt saul was an annoynted king , if not the first in the world , sam. . . yet he was justly resisted , wounded , pursued by the philistines , sam. . . * iosiah an annoynted good king , was slain by pharaoh necho king of egypt , whom he rashly encountred ; t king ahab was slain by an archer of the king of assyria , u king ioram and ahaziah were both slain by iehu , by gods command ; x iehoaaz was deposed by the king of egypt , y iehoiakim and iehoiakin both deposed , fettered and kept prisoners by the king of babylon ; bylone ; who also y app●eherded d●posed , judicially condemned king zedechiah , put out his eyes , and sent him prisoner to b●hylon bound with fetters of brasse . so z manasses was deposed , bound with fetters of brasse , and carryed captive by the captaines of the king of assyria . a amaziah king of iudah was taken prisoner by iehoash king of israel . infi●ite are the presidents in stories , where kings of one nation in just warrs , have been assaulted , invaded , imprisoned , deposed , slain , by princes and subjects of another nation ; and that justly , as all grant without exception ; neither their annointing , nor kingship being any exemption or priviledge to them at all in respect of forraigners , in cases of hostility , to whom they are no soveraigns , no more then to any of their subjects . whereas if this royall annointing did make their persons absolutly sacred and inviolable , no forraign princes or subjects could justly apprehend , imprison , smite , wound , slay , depose , or execute them . secondly , kings who are suborordinate b homagers and subjects to other kings or emperours , though annointed , may for treasons and rebellions against them , he lawfully resisted , assaulted , imprisoned , deposed , judged to death and executed , because as to them they are but subjects , notwith●●anging their annointing , as appears by sund●y presidents in our own and forraign histories ; and is generally confessed by the learned . thirdly , the roman , greek and german experours though annointed , the ancient kings of france , spain , arragon , britain , hungary , poland , denmarke , bohemia , india , sparta , and other places ( who were not absolute monarchs ) have in former ages been lawfully resisted imprisoned , deposed , and some of them , judicially adjudged to death and executed by their owne senates , parliaments , diets , states , for their oppression , mal-administration , tyranny , and that justly , as c bodin , d grotius , with others affirm , notwithstanding any pretence that they were annointed soveraigns . fourthly , popes , bishops and priests anciently were , and at this present in the romish churches are actually annointed as well as kings ; and we know the e popish clergy and canonists have frequently alledged this text , touch not mine annointed and doe my prophets no harme , in councels , decretalls and solem● debates in parliament , to prove their exemption from the arrests , judgements , capitall cens●res and proceedings of kings and secular iudges for any crimes whatsoever , because ( forsooth ) they were gods annointed , intended in this text , not kings ; therefore kings and seculars must not touch , nor offer any the least violence to their persons , no not in a way of justice . by colour of this text they exceedingly deluded the world in this particular for ●undreds of yeeres . but in the seventh yeer of hen. the . in f dr. standish his case debated before a committee of both houses of parliament , and all the iudges of england , this text being chiefly insisted on to prove the clergies exemption , jure divino , was wholly exploded in england , and since that in germany , france , other realms ; and notwithstanding its protection , many g fopes , bishops , and clergy-men in all kingdomes , ages , for all their annointing , have for their misdemeanors not only been resisted , apprehended , imprisones , but deprived , degraded , hanged , quartered burned , as well as other men ( yea h abiathar the high priest was deposed by s. ●omon for his treason against him , notwithstanding his annointing ; ) their annointing giving them not the smallest immunity to doe ill , or not to suffer all kinds of corporall , capitall punishments for their misdemeanors . if this actuall annointing then , cannot lawfully exempt or secure priests and prelates persons , nor the pope himselfe from the premises , how then can it justly priviledge the persons of kings ? fifthly , among the papists all infants , either in their baptisme , or confirmation are actually annointed with their consecrated i chrisme , and with k extream unction to boot at last cast , which they make l a sacrament , and so a thing of more divine soveraign nature then the very annointing of kings at their inauguration , which they repute no sacrament , as being no where commanded by god : but neither of these actuall unctions , exempt all or any of those annointed with it from resistance , or any corporall punishments , or just censures of any king ; therefore the very annointing of kings cannot doe it . sixthly , the ceremony of annointing kings , as m cassanaeus with others write , is peculiar onely to the german emperor , the king of ierusalem , the king of france , the king of england , and the king of sicily ; but to no other kings else , who are neither annointed nor crowned , as he affirmes ; so that it cannot give any priviledge at all to any but onely to these . not other kings , who are not anointed now seeing only hese . kings are actually anointed , yea lawfull kings and their persons sacred , even before they are annointed or crowned , yea other kings persons ( as of spain , hungary , denmark , sweden , poland , &c. ) who are not annointed , are as sacred , as exempt from danger , as those who are enoyled ; and seeing the annointing of kings is at this day a meer arbitrary humane ceremony , not injoyned by divi●e authority , nor common to all kings , who are n kings before their coronations , it is most certain and infallible , that this enoyling in and of it selfe derives no personall prerogatives or immunities at all to kings , much lesse an absolute exemption from all actuall resistance in cases of unjust invasions on their subjects , or from the censures of their parliaments for publike distructive exorbitances , as most have hitherto blindly beleeved . neither will the frequent next objected speeches of david concerning soul. impeach the premises , sam. . . . c. . . . . & sam. . . . the lord forbid that i should do this thing unto my master the lords annointed , to stretch forth my hand against him seeing he is the lords annointed . i will not put forth my hand against my lord , for he he is the lords annointed . and david said to abishai , destroy him not , for who can stretch forth his hand against the lords annointed , and he guiltlesse ? the lord forbid that i should stretch forth his hand against the lords annointed . the lord delivered thee into my hand to day , but i would not stretch forth mine hand against the lords annointed . how wa● thou not afraid to siretch forth thy hand against the lords annointed ? thy blood shall be upon thy head , for thy mouth hath testified that thou hast slain the lords annointed . which severall texts seem at first sight to insinuate , that sauls very externall annointing was that which did secure his person from assauls and violence ; and that it is unlawfull even by way of defence , forcibly with armes to resist a persecuting unjustly invading king , because he is annointed . but these texts , if duly pondered , will warrant neither of these conclusions . first then , i answer , that sauls bare annointing , considered as an externall ceremony to declare him a lawfull king , did not , could not adde any immunity to his person against davids , or any other subjects just violent resistance , as the premised reasons manifest ; but it was onely his royall soveraign office conferred on him by god and the people , to which his externall annointing by samuel was but a preparation that which made saul , with other his successours , a king , was not his bare annointing . for o saul himselfe was annointed by samuel , before he was made and chosen king , not when he was made king. so p david , q hazael , r selu , with others , were annointed before they were actuall kings , and many of their successors by descent , were reall kings before they were annointed ; some of them being not annointed at all for ought we read : therefore their unction made them not kings , since neither simply necessary , nor essentiall to their being kings . nor did sauls annointing only , preceding his regality , make his person sacred , or any other kings persons ; for then it would follow , that if saul had not been actually annointed , or had continued king for some yeeres without this annointing , then david in such a case might lawfully have slain him , without check of conscience , and that the persons of kings not at all annointed ; and of hereditary kings before their coronations , till they are annointed , should not be sacred , nor exempt from violence ; which is both false and perillous to affirm ; but it was his soveraign royall authority over david ( then his son-in-law , servant , subject ) which restrained him from offering violence to his person . soul then being thus priviledged , not because he was annointed , but because he was an annointed king , and that not quatenus annointed , but quatenus king ; the true sense and genuine interpretation of these texts must be , that sauls person was sacred , exempt from his subjects violence , not because he was annointed , as if that only did priviledge him ; but because he was a lawfull king s appointed by the lord himselfe , the t lords annointed , being but a periphrasis , or forme of speech , wherein the geremony of annointing , is used for the regality , or kingly power it selfe , declared not conferred by annointing , and in plain words without any figure , it is put for , the lords king , that is , a king appointed by the lord ; in which sence god calls christ v my king ; and david stiles himselfe x gods king. sauls royall authority without his annointing , not his annointing , predestinating him to his authority being the ground of this his immunity from davids violence . secondly , y saul was annointed some space before he was made king , and z david many yeere before hee came to the crowne : i would then demand of any man ; if saul or david after their unction , and before their election and inauguration to the crown had invaded or assaulted any of the people in an hostile manner , whether they might not have justly resisted , repulsed , yea slain them to in their own necessary defence ? if not , then one subject may not repulse the unjust violence of another in an elective kingdome , if by possibility he may after wards be chosen king , though for the present he be neither actually king nor magistrate , but a shepheard , as david was , psal . . , . which i presume none will affirm , i am certain none can prove : if so , then it was not sauls annointing but onely his royall authority , which made david thus to spare his life , his person . so that our opposites pressing this argument only from his annointing , is both false and idle , as all the premises demonstrate . but to set the argument right ; i answer thirdly , that all which these texts and davids example prove , is but this . that subjects ought not wilfully or purposely to murder or offer violence to the persons of their kings ; especially in cold blood when they doe not actually assault them . ergo they may not resist , repulse their personall actuall assaults , nor oppose their cut-throat cavaleers when they make an unjust warre against them . which argument is a meer non sequitur . for . davids example extends only to sauls own person , not to his souldiers , who were neither kings , nor gods annointed ; and whom david no doubt would have resisted and slain too had they assaulted him , though he spared saul : as a dr. fern himselfe insinuates in these words ; davids guard that he had about him , was onely to secure his person against the cut-throats of saul , if sent to take away his life , &c. he was annoynted and designed by the lord to succeed saul , and therefore he might use an extraordinary way of safe-guarding his person : therefore he and his guard would and might doubtlesse have with a safe conscience resisted , repulsed sauls cut-throat souldiers , had they assaulted david , to take away his life . and iffo , then the kings cut-throat cavalleers by his own confession , may lawfully be resisted , repulsed , slain in a defensive way , by the parliaments forces now . secondly , the argument is absurd , because we may forcibly resist and repulse with safe conscience , those whom we may not wilfully slay . if a man assaults me , to beat or wound me , i may resist , repulse him with violence , but i may not kill him in mine own defence , without murder or manslaughter , unlesse i could not otherwise preserve my own life by slight or resistance . b doctor ferne grants , that a subject may in his own private defence , lawfully ward off the kings own blows , and hold his hands , in case of sudden and illegall assaults , much more then of malicious and premeditated : but yet denies , he may either wound or kill him , and that truely . to argue therefore from davids example and words , the king may not with safe conscience be wittingly slain by his subjects : ergo , he and his cavaleers may not be forcibly resisted , repulsed by them for their own defence and preservation , is a grosse inconsequent by the doctors own confession . thirdly , there is nothing in all these speeches , or the practise , or in david , pertinent to the case in dispute ; for when c davids men moved him to kill saul , and would have risen up against him , to slay him , & david refused to act , or suffer his men to do it ; neither saul not any of his men did actually assault david or his followers , nor so much as once discover them ; but saul went casually to cover his feet into the cave , where they lay hid ; which done , he rose up and went on his way , not once espying david ( though he cut off the skirt of his robe privily ) nor any of his men with him . to argue therefore , that david and his men might not with a safe conscience stretch forth their hands and rise up against their soveraigne king saul , to kill him thus in cold blood , when he assaulted them not , nor so much as thought of their being in the cave , and went out of it quietly , not discovering them ; ergo , they might not , they would not in conscience have resisted , repulsed him , or his forces , had they assaulted , or given them battell in the cave , is a non-sence conclusion ; just in effect the same with this . i may not resist or repulse one who assaulrs me not , ergo , i may not resist one that actually assaults me to take away my life , or to beat , rob , wound me : what logick , reason , law or divinitie is there in such an argument ? so after this when d abishai said to david , god hath delivered saul thine enemie into thy hand this day , now therefore let me smite him , i pray thee , with the spear , even to the earth at once , i will not smite him the second time : and david said to abishai , destroy him not , for who can stretch forth his hand against the lords anoynted ( to wit , to slay him purposely , as abishai intended ) and be guiltlesse ? the text is expresse . that saul and his men were then in their own trenches , fast a sleep , because a deep sleep from the lord was fallen upon them ; david and abishai were here the onely affailants , they came into sauls trenches , he and his whole army were in so sound a sleep , that they came to sauls own person , took away with them his spear , and the cruse or water from his bolster , and departed , not being once discerned ; no man resists , assaults , discovers them . to slay saul thus in cold blood , without any assault or present provocation , and especially upon a private quartell , had been treachery and impiety in a son-in-law , a servant , a subject a ●uccessour ; and to do it with the hazard of their own lives , had any of sauls army been awakened at the stroke abishai would have given him . ( as probably they might have been ) they being but two , and within their enemies trenches , in the midst of the army , who might have easily and speedily slain them , had been rashnesse , indiscretion ; their departure with the spear and cruse was more heroicall , loyall , prudentiall . to conclude therefore , as our opposites do from this speech and example , that david thought it unlawfull in point of conscience for him or abishai to murther his s●veraign lord king saul , when he and his men were thus fast asleep in the midst of their trenches , offering them no wrong , making no actuall assaults upon them ; ergo , they could not , would not justly with safe consciences have forcibly defended themselves against saul and his army , had they been assaulted by them in their own trenches ; is a transcendent absurdity , refuted by the very next words of david to abishai at that instant , sam. . . and david said furthermore , as the lord liveth , the lord shall smite him , or his day shall come to die ; or he shall descend into battell and perish ; which intimates , that if saul would force him to a battell , then he might lawfully defend himselfe against his violence , though he might not murther him now in his sleep , when he did him no hard ; and if he casually perished in the battell , it was sauls own wilfull default , not his , who could not disswade him by all this his fair carriage and sparing of his life , ( when he had those two advantages to slay him ) from his violent prosecution , nor yet succeed him in the crown ( as god had appointed and foretold ) should he suffer him to murther him and his men in battell without resistance . yea , davids earnestnesse to go with achish and the pallistines to the battell against sanl , wherein he perished , sam. ● ( unlesse we will taxe davide for a notable hypocrite and dissembler ) unanswerably eviden●eth , that he deemed it lawfull to resist , to encounter saul and his forces in battell , not withstanding his person might chance to perish in the fight , though not to slay him treacheously , and basely upon the precedent advantages : and his slaying of that lying e amalekite who brought him tydings of sauls death , reporting that himself had slain him , to gain a reward from david , he being then one of sauls souldiers ( as it seems ) concludes onely , that it was not lawfull for any of sauls own men to saly him , by his own command : not that resistance of him in the open battell was unlawfull in point of conscience . other answer might be given to this objection concerning david and saul . as . that this difference was but private and personall between saul and david , david being then sauls private subject , servant , son in law , not publike between saul his whole parliament or kingdom ; now many things are unlawfull to be done in private quarrels , which are iust and honourable in publike differences . secondly , that david himself , though he thus forbore to murther saul , yet he tels him , . sam. , , , . this day thine eyes have seen how that the lord had delivered thee to day into mine hand in the cave , and some had me kill thee , but mine eye spared thee ; and i said , i will not put forth my hand against my lord , for he is the lords anoynted . moreover , my father , see , yea see the skirt of thy robe in my hand , for in that i cut off the skirt of thy robe and killed thhe not , know then and see , that there is neither evill nor transgression in mine hand , and i have not sinned against thee , yet then huntest my soul to take it . the lord judge between me & thee , and the lord avenge me of thee , but mine hand shall not be upon thee , and plead my cause and deliver me out of thine hand . and after this upon the second advantage , he useth like words , the lord render to every man according to his right consnes & faithfulnes , for the lord delivered thee into my hand to day , but i would not stretch forth my hand against the lords annointed . and behold , as thy life was mvch set by this day in my eyes , so let my life be much set by in the eyes of the lord , and let him deliver me out of all tribulations : wherein david declared , that god had given up sauls life into his power , that it was his owne meer goodnesse that moved him to spare saul contrary to his souldiers , and abishaies minds , who would have slain him , without any seruple of conscience ; that the reasons he spared him were : first , because he was gods annointed , that is , specially designed and made king of israel by gods own election , which no kings at this day are , & so this reason extends not so fully to them , as to saul . secondly , because he was his father and lord too , and so it would have been deemed some what an unnaturall act in him . thirdly , because it had favoured onely of private self-revenge and ambitious aspiring to the crown before due time , which became not david , the quarrell , being then not publike , but particular betwixt him and david onely , who was next to succeed him after his death . fourthly , because by this his lenity he would convince & reclaim saul frō his bloody pursuit , and cleare his innocency to the world . fifthly , to evidence his dependence upon god and his speciall promise ; that he should enjoy the crown after saul by divine appointment ; and therefore he would not seem to usurp it by taking saul life violently away . most of which consideration faile in cases of publike defence , and the present controversie . thirdly , that saul himselfe , as well as davids souldiers , conceived , that david might with safe conscience have slain as well as spared him ; witnesse his words , . sam. . , , thou art more righteous then i , for thou hast rewarded me good , where as i have rewarded thee evill : and thou hast shewedme this day how thou hast deals well with me ; for asmuch as when the lord had delivered me into thine hand thou killedst me not. for if a man finde his enemy wil he let him go wel away ? wherefore the lord reward three good for that thou hast done unto me this day , &c. and in . sam. . . then said saul , i have sinned ; returne my sonne david , for i will no more do thee harm , because my solve was precious in thine eyes this day ; behold i have played the fool exceedingly , &c. but the former answers are so satisfactory , that i shall not pray in ayd from these , much lesse from that evasion of dr. fern , who makes this , and all other davids demeanors in standing out against saul f extraordinary ; for he was annointed and designed by the lord to succeed saul ; and therefore he might also use all extraordinary wayes of safe guarding his persons ; which like wise insinua●es , that this his scruple of conseience in sparing sauls life was but extraordinary , ( the rather , because all his souldiers and abishai would have slain saul without any such scruple , and saul himselfe conceived , that any man else but david would have done it : ) and so by consequence affirms , that this his sparing of saul is no wayes obligatory to other subjects , but that they may lawfully in davids case kill their soveraigns ; but davids resistauce of saul by a guard of men , being only that ordinary way which all subjects in all ages have used in such cases , and that which nature teacheth not onely men , but all living creatures generally to use for their own defence , and this evasion derogating exceedingly from the personall safety of princes , yea , and exposing them to such perils as they have cause to con the dr. small thanks for such a bad invention , i shall reject it as the extraordinary fansie of the dr. & other loyalists , void both of truth and loyalty . the . objection out of the old testament is this , . sam. . . samuel tells the people , how they should be oppressed under kings ; g yet all that violence and injustice that should be done unto them , is no just cause of resistance : for they have no remedy left them bvt crying to the lord , v. . and ye shall cry out in that day because of the king which ye shall have chosen you , and the lord will not hear you in that day . to this i answer . that by the doctors own confession , this text of samuel , much urged by some of his fellows , to prove an absolute divine prerogative in kings , is quite contrary to their suggestion ; and meant onely of the oppression , violence , and inju● ( not lawfull power ) of kings , which should cause them thus to cry out to god this truth we have clearly gained by this objection , for which some royallists will renounce their champion . . it is but a meer fallacie and absurdity not warranted by the text ; which saith not , that they shall onely cry out ; or that they shall use no remedy or resistance , but crying out ; which had been materiall , but ba●ely , ye shall cry out in that day , &c. ergo , they must and should onely crie out , and not resist at all ; is a grosse non-sequitur : which argument because much cryed up , i shall demonstrate the palpable absurdity of it by many parrallell instance . first , every christian is bound to pray for kings and magistrates , tim. . , . ergo , they must onely pray and not fight for them , nor yeeld tribute or obedience to them : kings and their subjects too are bound to crie out , and pray to god against forraign enemies that come to war against them , as b moses did against pharaoh and his host , i david against his enemies , k hezekiah against sennacherib and his hoste , l asa against his enemies , m abijah and the men of iudah against ieroboam and the israelites their enemies ; and as all christians usually do against their enemies . ( yea , i make no doubt but the doctor , and other court-chaplains , inform his majesty and the cavalleers , that they must cry to god against the parliamenteers and round heads now in arms to resist them ; ) ergo , they must onely pray , but in no wise resist or fight against them ; all men must pray to god for their n daily bread : ergo , they must onely pray and not labour for it ; sick o persons must pray to god to restore their health : ergo , they must take no physick , but onely pray ; all men are expresly commanded to p crie and call upon god in the day of trouble , ergo , they must use no meanes but prayer to free themselves from trouble ; pretty logick , reason , divinity , fitter for derision then any serious answer . this is all this text concludes , and that grosly mistaken speech of saint ambrose , christians weapons are prayers , and tears ; of which anon i● its due place , in one word , prayer no more excludes resistance , then resistance , prayer ; both of them may , and sometimes ( when defence is necessary , as now ) ought to concurre ; so that our court doctors may as well argue , ( as some prelates not long since did in word and deed ) ministers ought to pray , and gods * house is an oratory for prayer : ergo , they must not preach ( atleast , ●ery seldom ) or make his house an auditory for preaching : or as rationally reason from this text , that subjects must cry out to god against their kings oppressions , ergo , they must not petition their kings , much lesse complain to their parliament for relief ; as conclude from thence ; ergo , they may in no case resist the king , or his invading forces , though they indeavour to subvert religion , laws , liberties , as the doctor himself states the controversie : whose arguments will hardly satisfie conscience , being so voyd of reason , sence ; yea science . the eighth is this , q none of the prophets in the old testament , reprehending the kings of israel and iudeh for their grosse iaolatry , cruelty , oppression , did call upon the elder of the people for the duty of resistance ; neither do we finde the people resisting , or taking up arms against any of their kings , no not against ahab or manasseh , upon any of these grounds : ergo , resistance is unlawfull . to which i must reply , first , that none of the prophets did ever forbid resistance in such cases , under pain of damnation , as our new doctors do now ; ergo , it was lawfull , because not prohibited . secondly , that as none of the people were then inhibited to resist , so not dehorted from it : therefore they might freely have done it , had they had hearts and zeal to do it . thirdly , * iosephus resolves expresly , that by the very law of god , deuter. . if the king did contrary to that law , multiply silver gold , and horses to himself , more then was fitting , the-israelites might lawfully resist him , and were bound to do it , to preserve themselves from tyrannie ; therefore no doubt they might have lawfully resisted their kings idolatry , cruelty oppressions . fourthly , q hulderichus zuinglius , a famous protestant divine , with others , positively affirms , that the israelites might not onely lawfully resist , but likewise depose● he●r kings for their wickednesses and idolatries ; yea , that all the people were justly punished by god , because they removed not their flagitious , idolatrous kings and princes out of their places , which he proves by ierem . where after the four plagues there recited , the prophet subjoynes the cause of them , saying , verse . i will give them in fury to all the kingdoms of the earth ; ( that is , i will stirre up in fury all the kings of the earth against them ) because of manasseh the son of hezekiah king of iudah , for that which he did in ierusalem . this manasseh had committed many wickednesses by idolatrie and the stedding of innocent blood , as we may see in the one and twentieth chapter of the second of the kings ; for which evills the lord grievously punished the people of israel : manasseh shed overmuch innocent blood , untill he had filled ierusalem even to the mouth , with his sins wherewith he made iudah to sinne , that it might do evill before the lord : therefore because manasseh king of iudah did these most vile abominations , above all that the amorites had done before him , and made the land of iudah to sin in his undeanesse , therefore thus saith the lord god of israel , behold , i will bring evill upon ierusalem and iudah , that whosever shall hear , both his ears shall tingle &c. in summe , if the iews had not thus permitted their king to be wicked withovt pvnisment , they had not been so griev●●nsly punished by god. we ought to pull and crost away even our eye that offends so a hand and foot , &c. if the israelites had thus de osed manassch by consent and suffrages of all , or the greatest part of the multitude ; they had not been so grievessly punished of god. so zuinglius , with whom even s b. rilson himself in some sort accords who in de ending & interpreting his opinion , c●ntesseth , t that it is a question among the learned , what soveraignty the whole people of israel had over their kings ; confessing , that the peoples resouing ionathan that he died not , when saul would have put him to d●●th , u davids speech to the peo●le when he purposed to reduce the arke , x all the congregations speech and carriage toward rehoboam when they came to make him king , with the y p●ople : speech to ieremy , thou shalt die the death ; have perswaded some , and might lead zuingli●s to think that the people of israel , notwithstanding they called for a king , yet re●erved to themselves svfficient avthority to overrvle their king , in those things which seemed expedient and needfvll for the pvblike wllfare ; else god would not punish the people for the kings iniquity , which they must suffer , and not redresse . which opinion , if as orthodox , as these learned divines and iosephus averre it , not onely quite ruines our opposites argument , but their whole treatises and cause at once . but fiftly , i answer , that subjects not onely by command of gods prophets , but of god himself , and by his speciall approbation have taken up arms against their idolatrous princes , to ruine them and their posterities : a truth so apparent in scripture , that i wonder our purblinde doctors discern it not : for did not god himself , notwithstanding his frequent ( conditionall ) promises to establish the kingdom of israel on david , solomon and their posterity ; for z solomons grosse idolatry ( occasioned by his wives ) tell solomon in expresse terms ? vvherefore for as much as this is done of thee , and thou hast not kept my covenant and my statutes , which i have commanded thee , i will surely rend the kingdom from thee , and will give it to thy servant . notwithstanding in thy dayes i will not do it , for david thy fathers sake ; but i will rend it out of the hand of thy son . did not the prophet abijah in pursuance hereof , rending ierohoams garment into twelve pieces , tell him ? thus saith the lord , the god of israel , behold , i will rend the kingdom out of the hand of solomon , and will give ten tribes to thee ; and i will take the kingdom out of his sons hand , and will give it unto thee , even ten tribes ; and i will take thee , and thou shalt reign according to all that thy soul desireth , and shalt be king over israel ; and i will for this afflict the seed of david . y yea , a did not all israel upon solomons death , when rehoboam his son refused to grant their iust requests at their coming to sechem to make him king , use this speech to the king , what portion have we in david ? neither have we inheritance in the son of lesse , to your tents ô israel : now see to thine own house david . whereupon they departed and fell away from the house of david ever after , and made iereboam king over all israel . and doth not the text directly affirm ? whenefore rehoboam hearkned not unto the people , for the cause was from the lord , that he might perform the saying which the lord spake to abijah unto ieroboam , the son of nebat . after which when rehoboam raised a mighty army to reduce the ten tribes to obedience , the word of the lord came to shemaiah the man of god. saying , speak unto rehoboam and all the house of iudah and benjamin , thus saith the lord , ye shall not go up to fight against your brethren the children of israel , return every man to his house ; for this thing is from me ; they hearkned therefore to the word of the lord and returned to depart , according to the word of the lord. lo here a kingdom quite rent a way from the very house of david ; yea , a new king and kingdom erected by the people , by gods and his prophets speciall direction , and approbation , for king solomons idolatry . who is such a stranger to the sacred story , but hath oft-times read , how god anoynted iehu king , of purpose to extirpate and out off the whole house of k. ahab his lard for his and iezabels idolatry and blood-shed , in flaying the prophets , and unjustly executing naboth for his vineyard ? in performance whereof he slew his soveraign king ioram , ahaziah king of iudah , queen iezabel , all ahabs posterity , his great men , his nobles , and all the priests and worshippers of baal , till he left none remaining , according to the word of the lord which he spake by his servant elijah , kings c. . & . for which good service the lord said unto iehu , because thov hast done well in executing that which is right in mine eyes , and hast done unto the house of ahab according to all that was in mine heart , thy children of the . generation , shall sit on the thron of israel . this fact therefore of his thus specially commanded , approved , rewarded by god himself , must needs be just and lawfull , nor treason , nor rebellion in iehu , unlesse the opposites will charge god to be the author , approver , and rewarder of sin , of treason . neither will it serve their turns to reply , that this was an extraordinary example , not to be imitated without such a speciall commission from heaven , as iehu had , and no man can now a dayes expect ; b for since god hath frequently injoyned all grosse incorrigible idolaters ( especially those who are nearest and dearest to , and most potent to seduce us ) to be put to death , without any pitty , or exception of kings , whose examples are most pernicious , and apt to corrupt the whole nation , as the presidents of the idolatrous kings of israel and iudah abundantly evidence ) if kings become open professed idolaters , though private persons may not murther them , and their families , as iehu ; yet the representative body , or greater part of their kingdoms , ( as many pious divines affirm ) may lawfully convent , depose , if not judge them capitally for it : and gods putting zeal and courage into their hearts , or exciting them by his faithfull ministers , to such a proceeding , is a sufficient divine commission to satisfie conscience , if no sinister private ends , but meer zeal of gods glory , and detestation of idolatry be the onely motives to such their proceedings . c thus we read , god stirred up baacha , exalted out of the dust , and made him a prince over the house of israel , who slew king nadab , and smote all the house of jeroboam , till he left him not any that breatned , because of the sins of ieroboam which he sinned , and which he made israel sin , by his provocations wherewith he provoked the lord god of israel to anger ; who going on after in ieroboams sins , d god threatens to out off all his house , and make it like the house of ieroboam ; which was actually executed by zimri , who slew his soveraign king elah , son to baacha , with all the house of baacha , and left not one that pissed against the wall , neither of his kinsfolks , nor of his friends , according to the word of the lord which he spake against baacha by● ●chu the prophet . which act of zimri , though a just judgement in regard of god , on the family of baacha for their idolatry , was notwithstanding reputed treason in zimri , because he did it not out of conscience or zeal against idolatry , being , and continuing an idolater himself ; but onely out of ambition to usurp the crown , without the peeples consent ; whereupon all the people made omri king and then going all to the royall palace , set it on fire , and burnt omri in it , both for his sins , idolatries , and treason which he wrought . we read expresly , e that after the time that amaziah did turn away from following the lord , they ( for this ) conspired a conspiracie against him in ierusalem , and he fled to lachish , but they sent to lachish after him , slew him there ; and they brought him upon horses , and buried him with his fathers in the city of iudah . then all the people of iudah took uzziah , who was years old , and made him king in the room of his father amaziah , and he did that which was right in the sight of the lord. so f zachariah , shallum , pekahiah , pekah , four evill kings of iudah , successivly acquiring the crown by murther , and reigning evilly in gods fight , were all slain by gods just judgement on them , of one another , and hoshea . in few words , god himself ever annexed this condition to the kings of israel and iudah , that they should serve and fear him , obey him laws , keep his covenant , otherwise if they did wickedly for sake him , or commit idolatry , he would destroy , forsake , and cast them and their seed off from being * kings . when therefore they apparently violated the condition , the whole state and people , as gods instruments , lawfully might , and sometimes did by gods speciall direction , remov depose , and sometimes put them even to death for their grosse iniquities , and idolatries ; and when they did it not , it was not ( as many think ) for want of lawfull soveraign authority remaining in the whole state and people , ( as i shall fully manifest in the appendix ) but out of a defect of zeal , out of a generall complying with their kings in g their abominable idolatries and sins , which brought war , captivity , ruine , both on their kings , their posteritie , the whole nation and kingdoms of iudah , and israel , as the sacred story plentifully relates . all which considere , this object on proves not onely false , but fatall to the obiectors cause , who might with more discretion have forborn , then forced such an answer to it , which i hope and desire no private persons will abuse to iustifie any disloyalty , sedition , treason , rebellion , or taking up of arms against their lawfull princes , though never so evill , without the publike consent and authority of the representative bodies or major part of their severall realms by assed with no sinister nor private respects , but ayming onely at gods glory , and the publike weale security , peace of church and state. thus much in answer to the principall objections out of the old testament . the ninth and most materiall h objection , on which our opposites principally relie , is that noted text in the new testament , rom. . , . let every soul be subject unto the higher powers , for there is no power but of god ; the powers that be , are ordained of god. whosoever therefore resisteth the power , resisteth the ordinance of god , and they that resist , shall receive to themselves damnation . from whence dr. fern concludes , . that the king is the supreme or highest power here intended . . that all persons under the highest power are expressely forbidden to resist . . that in those dayes there was astanding and continuall great senate , which not long before had the supreme power in the roman state , and might challenge more by the fundamentalls of that state , then our great councell will or can . but now the emperour being supreme , as s. peter calls him , or the higher power , as s. paul here , there is no power of resistance left to any that are under him , by the apostle . was there ever more cause of resistance then in those dayes ? were not the kings then not onely conceived to be inclined so , and so , but even actually to be enemies of religion , had overthrown laws and liberties ? and therefore if any should from the apostles reasons that he gives against resistance in the , , , verses . ( for rulers are not a terror to good works , but evill , and he is the minister of god to thee for good ) replie , that rulers so long as they are not a terror to the good , but ministers for our good , are not to be resisted ; the consideration of those times leaves no place for such exception , because the powers then ( which the apostle forbids to resist ) were nothing so , but subverters of that which was good and just . the emperors did then indeed rule abs●l●tely ●d arburarily , which should have according to the principles of those dayes beene astro●ger motive to resist . but how did they make themselves of subjects such absolute monarchs ? was it not by force and change of the government ? and was not the right of the people and senate ( according to the principles of these dayes ) good against them , with as much or more reason , then the right of the people of this land is against the succession of this crown , des●nding by three conquests ? . the prohibition doth not onely concern christians , but all the people under those emperors , and not onely religion was persecuted , but liberties also lost , the people and senate were then enslaved by edicts and laws then inforced on them by nero and other roman emperours , yet notwithstanding the apostle prohibits them to resist . by all which conscience will clearly see , it can have no warrant in scripture for resistance , to wit , of the king , or his invading forces , by way of necessary defence . so the doctors and other objectors hence conclude . to give a satisfactory answer to this grand objection , i shall in the first place inquire , whether there be any thing in this text , prohibiting subjects to resist with force the armed unjust violence of their princes persons or instruments , especially when they are bent to overthrow religion , laws , liberties , the republike , and turn professed tyrants ? and under correction , i conceive there is not the least syllable or shadow in this text for any such inhibition , as is pretended . not to insist upon the words , higher powers odained of god , &c. which extend not unto tyrannie and illegall exorbitant oppressions , of which hereafter ; i shall deducemy first demonstrations to prove this negative assertion , from the occasion inducing the apostle to insert these objected verses into this epistle : i dr willet recites . reasons of it , all fortifying my assertion ; i shall mention onely the three most probable , most received of them , and apply them as i go . first , the roman magistrates being then infidels , the new converted christians among them , either did , or might take themselves to be wholly exempted from any subjection or obedience to them , reputing it a great incongruity , that christians should owe any subjection to pagans : to refute which error , the apostle informs them , that though the magistrates themselves were ethnicks , yet their authority and power was from god himselfe ; therefore their profession of christianitie did rather oblige them to , then exempt them from subjection . thus haymo soto , calvin , guather , marlorat , willet , pareus , with others on this text. turn this reason then into an argument , and it will be but this non sequitur : christianity exempts not subjects from due obedience to iust pagan magistrates , ergo , tyrants may not be resisted , neither ought the parliament and their forces to resist the king cavallcers unjust assaults , as the case is formerly stated . pretty logick , and divinity . . the gaulonites , as k iosephus records , with other lews , being abrahams seed , held it unlawfull for them to yeeld any subjection or tribute to the roman emperors , or other heathen princes , reigning over them ; whereupon they demanded this question of christ himself , it is lawfull to pay tribute to caesar ? matth. . which error perehance spread it self into the christian church , by reason of evangelicall libertie , grounded on ioh. . if the son shall make you free , then are ye free indeed ; mat. . then are the children free ; and ro. . we are not under the law , but under grace . ●o refell this mistake , the apostle inserted these passages into this epistle ; thus soto , calvin , peter martyr , willet , and others . whence nothing but this can be properly concluded , neither the prerog●tive of the ●ews , not liberty of christians exempts them from due subjection to l●wfull hea he ● magistrates , because they are gods ordinance , ergo , no subjects can with safe conscience defend themselves in any case against the unjust invasions of tytannicall princes or their armies . a palpable inconsequent . thirdly , the apostle having formerly t●ught , * that christians might not avenge themselves : lest some might have inserred thereupon ( as many * anabaptists have done ) that it was not lawfull for christians to use the magistrates defence against wrongs , nor for the magistrate himself to take vengeance of evill doers : to prevent this the apostle argues , that the magistrates are gods ministers , appointed by him to punish malefactors , and take vengeance on them . so gualther , willet , and others . to conclude from this ground : oppressed subjects may seek redresse of their grievances from the magistrates , who may lawfully punish malefactors , ergo , they may not resist with force , tyrannicall bloody magistrates , or their wicked instruments , when they actually make war upon them , to ruine , spoyl , enslave them , is but a ridiculous non sequitur . there is nothing therefore in the occasions of the apostles words which gives the least colour , to disprove the lawfulnesse of such resistance , or of the parliaments just defensive war. secondly , this is manifest by the whole scope of this text , which in summe is onely this , that christians ought in conscience to ( l ) be subject to all lawfull higher powers , so farre forth as they are gods ordinance , gods ministers , for their good , to the praise of the good , and punishment of evill doers , and notto resist them in the execution of their just authority : or christianity exempts not christians from obedience unto faithfull civill magistrates : to inferre from thence . ergo it is unlawfull for christians in point of conscience to resist their magistrates when they warre upon them to subvert religion , lawes , liberties , slay , plunder them , is but a meer non-sence deduction . thirdly , this appeares most perspicuously from the motives to obedience , and reasons against resistance of magistrates specified by the apostle in the text it selfe . first , the higher powers must be submitted to , and not resisted , because they are ordained of god , and are gods ordinance , vers . . . but they are ordained of god and his ordinance , so far forth only as they govern according to his word ; and preserve , m protect religion , lawes , liberties , the persons and estates of their people ; they are not gods ordinance , n but the devils , when they doe quite contrary , o walking about like roaring lions , seeking whom they may devoure , as the devill doth ; according to that resolution of bracton , and fleta p exercere debet rex potestatem iuri● sicut dei vicarius & ministeri in terra , quia illa potestas solivs dei est potestas autem injuriae diaboli et non dei ; cujus horum operum fecerit rex ejus minister erit . igitur dum facit justitiam , vicarius est regis aeterni : minister avtem diaboli dum declinat ad injuriam . therefore they are so farre forth onely to be obeyed and not resisted , q as they are gods ordinance , and lawfull magistrates , not as they are tyrants and the devils agents : we might have obeyed the evill spirits themselves whiles they continued good angels ; ergo we must not resist them now they are turned devils , is ill logick , course divinity , contrary to the pet. . , . iam. . . secondly , because those who resist shall receive to themselves damnation , temporall or eternall , since they resist gods ordinance , v. . but that subiects should be temporally and eternally damned , only for resisting tyrannicall magistrates or their cavaleers , and that by authority from the parliament , when they with armed violence most impiously set themselves to subvert religion , lawes , liberty , propertie , and take away their lives , against all lawes of god and man ; for which they themselves incurre both r temporall and eternall damnation , is such a paradox , as is no wayes warranted by , but directly opposite to the scripture . therefore it must be intended onely of resisting lawfull authority , and iust commands . . they must be subiected to , not resisted , because rulers are not a terror to good work , but to evil , v. . now is this a reason why subiects should not resist tyrannicall oppressing princes , magistrats , or their instruments , who are only a terror to good works , not to evill ? who do s evill and only evill continually , even with both hands ? doubtlesse not . we must not resist rulers who are a terror to good works but to evill ; ergo , we must not resist rulers , who are a terror to good works , not to evill , as our opposites conclude hence , is to argue poi●● blank against the apostle ; ergo , we may and must resist them to our powers , lest we be t partakers of their sinnes and punishments , and become authors of religions and the commonwealths subversion , is a more proper inference . fourthly , the apostle subjoynes this argument against resistance . wilt thou not then be afraid of the power ? doe that which is good , and thou shalt have praise of the same , vers . . that power is not to bee resisted , which wee need not be afraid of , and of whom we shall have prayse whiles we doe that which is good : but this onely can bee intended of a lawfull power justly executed ; not of tyrants , or their ill ministers bent with force of armes to ruine religion , lawes , liberties , ; who onely terrifie , disgrace , discountenance those that are good ; applaud , advance none but those who are evill , and as micah writes , chap. . . . love the evill and hate the good , and pluck off their skin from off them , and their flesh from off their bones , &c. therefore this inhibition of resistance extends onely to lawfull magistrates , not to ungodly oppressing tyrants . fiftly , he is not to be resisted , but obeyed ; because he is the minister of god to thee for good , vers . . but is this true of tyrants ? of ungodly magistrates bent to subvert religion , lawes , liberties , and destroy their people ? true of u caligula , of nero , who wished all the romans had but one necke , that he might cut them all off at one stroke ; and purposely fired rome to consume it , beholding the flames as a most delightfull spectacle ? are such the ministers of god for our good here intended ? or not rather , x the very pests , judgements , scourges , wolves , cut-throats , destroyers of mankind , and direct antinodes to all things that are good ? if these be not within the apostles definition , they are without his inhibition ; which extends onely to such , who are the ministers of god to us for good : and implies a lawfulnesse of resisting those who are the devils ministers to us for evill , rather then gods for good . sixtly , he subjoynes this further reason of obedience and not resistance , vers . . but if thou dost that which is evill be afraid ; for he beareth not the sword in vaine ; for hee is the minister of god , a revenger , to execute wrath upon him that doth evill ; which no wayes suites with a tyrant bent to subvert religion , lawes , liberties : for he secures all evill men , especially those who are instrumentall to advance his cruelty , and oppressions ; gives liberty to all manner of wickednesses , proclaimes impunity to his ill instruments , knowing that of the poet to be true ; y libertas scelerum est quae regna invisa tuetur , &c. he beareth the sword not onely in vaine , in reference to any good end , for the promoting of gods glory and the publike good ; but likewise draweth it forth , and useth it directly against both ; z and is so farre from being a minister of god , or revenger to execute wrath upon them that doe evill , that he is the very minister of the devill , a tertullian , nihil nisi grande aliquid bonum a nerone damnatum . this reason then extends onely to righteous governours , in their execution of justice upon wicked malefactors wherein they must not be resisted ; not to bloody , gracelesse , lawlesse tyrants and their instruments , who by the rule of contraries may and ought to be resisted in their cruelties , oppressions , impieties . seventhly , the apostle hereupon concludes , vers . . wherefore you must of necessity be subject not onely for wrath , but also for conscience sake . this conclusion as the word , wherefore , demonstrates , being inferred from the premised reasons , extending onely to extends to all civill magistrates , as well inferiour and subordinate , as superiour , ( and many sticke not to straine it even to ecclesiasticall ones ) so origen , ambrose , hierome , remigius , theodulus , chrysostome , theodoret , primasius , haymo , rabanus maurus , theophylact , oecumenius , haymo , aquinas , anselm , lyra , bruno , gorran , hugo de sancto victore , tostatus , luther , calvin , erasmus , melanchthon , gualther , musculus , bucer , hemingius , ferus , fayus , soto , alexander alesius , peter martyr , pareus , beza , piscator , zuinglius , tollet , willet , wilson , nacclantus , snecanus , vignerius , wenerichius , winckelman , estius , faber , cornelius a lapide , salmeron , catharinus , guilliandus , adam sasbout with sundry others . this then being irrefragable , hereby it is most apparent ; first , that no resistance of the higher powers is here prohibited , but onely in the due and legall execution of their offices : for if any inferiour officers illegally indeavour to subvert religion , lawes , liberties , and unrightly governe the people , they may lawfully be resisted by them : for example , if a maior , justice of peace , constable or other officer ; extravagating from the common course of law and justice ; shall with force of armes in a riotous manner assault any private man , or the whole citie or village where he lives , to beate , wound , kill , plunder , dispossesse the inhabitants of their houses , goods , franchises , or assault them on the highway side , to take away their purses ; in these and such like cases , both in point of law and conscience he may not onely be forcibly resisted , but repulsed , apprehended , battered , if not lawfully slaine by the people , and proceeded against as a delinquent : the reason is , because these illegall unjust actions , are not onely besides , without their commissions , but directly contrary to their offices , and the lawes , which never gave them authority to act such injustice : yet they are higher powers ordained of god , within this text , and no way to be resisted in the due execution of their offices according to law. if then these inferiour officers may be thus forcibly resisted , repulsed , notwithstanding this text , in such cases as these ; then by the selfe same reason kings and emperours may bee thus resisted too ; since the text extends indifferently to them both . let then the objectors take their choyce ; either affirme , that no inferiour lawfull officers whatsoever , may be forcibly resisted , by the people , or repulsed , arraigned censured for their misdemeanour , by vertue of this text ; which would bring an absolute tyranny , anarchy and confusion presently into the world , and make every constable as great a tyrant , monarch as the grand emperor of the turks ; or else confesse , that this text condemnes not such resistance , even of kings and princes , when they forcibly war upon their subjects to subvert religion , lawes , liberties , and ruine the republike ; since it makes no distinction at all betweene the ones power and the others ; but equally enjoynes subjection , prohibits resistance unto both ; and that onely in just administration of their severall authorities , not in the arbitrary unjust prosecutions of their wils and lusts . secondly , it followes , that the kings souldiers , cavaliers and forces now raised against law , and armed onely with illegall commissions voyd in law , as i have proved ; are none of the high powers ordained of god , nor lawfull rulers or magistrates within the meaning of this scripture ; and so the forcible resisting of them , and of the kings illegall commands and designes executed by them , is no resistance of the higher powers here prohibited . thirdly , that the houses of parliament being in truth the highest powers ordained of god in this realme , and their just legall ordinances , votes , forces , for the necessary defence of lawes , liberties , religion , against the kings ill counsellors , and malignant popish forces , neither may , nor ought in conscience to be resisted by the king himselfe , or any of his subjects , souldiers , under the perill of that damnation mentioned in this chapter . for the second , whether the roman emperor in pauls time was the highest soveraign power in the roman state , or not ? it is taken for granted by doctor ferne and other a opposites , that he was , as a thing past doubt , the senate and people ( as they say ) having resigned up their power to the emperour . but this no doubt is a grosse errour , ( which i have largely refuted in the appendix , and therefore shall be the briefer here ) derived from some civill lawyers ; who out of justinian . digest . lib. . tet. . and instit . tit. . falsly affirme , that lege regia ; by the regall law the senate and people transferred all their empire and power unto the emperour . for first the senate and people ( as albericus gentilis well observes ) did not by this law give the emperour all power and command to dispose of them , or the lands and revenues of the empire , as he pleased ; but onely to governe them according to their lawes , as men ; not to slay and alienate them as beasts . thus reason dictates , so the words of the law sound . c divines are deceived , lawyers flatter , who perswade , that all things are lawfull to princes , and that their power is highest and free . it is ridiculous to affirme , that absolute power over the subjects belongs to popes ; which belongs not to the emperours themselves over the italians , from whom they derive it . imagine therefore that the emperour had a power never so free , yet it is not of dominion , but of administration . d and he who hath but a free administration hath not the power of donation . e a gardian is then reputed in stead of a lord , cum tutelam administrat , non cum pupillum spoliat ; when he rightly administers his tutelage , not when he spoyles his pupill . so gentilis . if then the emperours had onely a free legall administration , not an absolute dominion ; granted them by the people , then this soveraigne power still resided in the senate and people , as justinian digest . lib. . tit. . de origine juris , will sufficiently manifest : secondly , f john bodin a learned civilian clearely proves : that the roman emperors were at the first ; nothing else but princes of the commonweale , the soveraignty neverthelesse still resting in the people , and the senate : so that this common-wealth was then to have beene called a principality ; although that seneca speaking in the person of nero his scholler , saith . i am the onely man amongst living men , elect and chosen to be the lieutenant of god upon earth : i am the arbitratour of life and death ; i am able of my pleasure to dispose of the state and quality of every man. true it is , that he tooke upon him this soveraigne authority , by force wrested from the people and senate of rome , ( therefore not freely given him by any law ) but in right he had it not , the state being but a very principalitie wherein the people had the soveraignty . in which case , there is no doubt but that it is lawfull to proceede against a tyrant by way of justice , if so men may prevaile against him : or else by way of fact , g and open force , if they may not otherwise have reason ; as the senate did in the first case against nero : and in the other against maximinus . so bodin , who directly resolves , that even in nero his raigne when this epistle was written , the highest soveraigne power was not in the emperour , but in the senate and people : who notwithstanding this objected text , had no doubt a lawfull right , not onely to resist nero when he turned tyrant with open force , but likewise judicially to arraigne and condemne him even to death , as they did , for his publike crimes . now that the soveraigne highest power remained in the senate and people notwithstanding this lex regia , marius salamonius ( an incomparable learned roman civilian ) hath largely proved in his six bookes de principatu ( purposely written to refute the contrary common error ) where he writes , first , that the roman emperors were created and constituted onely by the senat and people ; and that the creature should be superiour to the creator , the child to the parent , is absurd . secondly , that the emperours were but the senates and peoples publike servants ; therefore they were their lords ; and not inferiour , but superiour to their servants . thirdly , that they were subordinate and inferiour to the lawes made by the senate and people ; and bound by all their lawes , but such as the senate and people did by speciall acts exempt them from . fourthly , that the people and senate did by speciall lawes create , limit , h enlarge or abridge their emperours power and jurisdiction , as they saw cause , giving sometimes more or lesse jurisdiction to one emperour then another : which they could not justly doe , were they not the highest soveraigne power . finally he proves it by the very lex regia it selfe ; which because rare and unknowne to most , i shall here recite , to informe and reforme our ignorant court doctors , lawyers , with salamonius his observations from it . lex regia , was not onely one single law : there was not one law for all emperours , but it was revived for every emperour , yet not with the same conditions . the brasse table which yet hangeth in the lateran church , proves that the royall law was accustomed to be altered in every princes reigne at the pleasvre of the roman people ; for it is part of the royall law of the empire of vespatian , that it should be altered : which had beene voyd , if from the beginning of the empire a perpetuall law had beene made for all successors ; the words of the law are these . ; faedusve cum quibus volet facere , ita ut licuit divo augusto , tyber . julio caesari aug. tyherioque claudio , julio caesari aug. germanico . vtique eum senatum habere , relationem facere , remittere senatus consulta , per relationem , discessionemque facere liceat , ut licuit divo augusto , tiberio , julio caesari augusto , tyberio , claudio caesari augusto germanico . vtique quum ex voluntate , auctoritateue , jussu , mandatione ejus , praesenteve eo senatus habebitur , omnium rerum jus perinde habeatur , servetur , ac si●e lege senatus edictus esset , habereturque . vtique coss . magistratus potestatem , imperium , curationemve cuivis rei petenti senatui populoque romano commendaverit , quibusve suff●agationem suam dederit , promiserit , eorum comitiis quibusque extra ordinem , ratio habeatur . vtique ei fines pomaerii proferre , procurare , cume rep. censebit esse , liceat ; uti licuit tiberio , claudio caesari , augusto germanico . vtique quaecunque ex usu reip. majestate divinar : humanar : publicar : privatarumque rerum esse censebit , ea agere , facere jus , potestasque sit , ita uti divo aug. tyberioque , julio caesari aug. tyberioque claudio aug. germanico fuit . vtique quibus legibus , plebisve scitis scriptum fuit , ne divus augustus tyberiusve , jul. caes . aug. tyberiusve , claudius caes . aug. germanicus tenerentur ; his legibus plebisque scitis imp. aug. vespatianus solutus sit ; quaeque ex quaque lege , rogatione divum aug. tyberiumve , iul. caesarem aug. tyberiumve , claudium caes . aug. germanicum facere oportuerat , ea omnia imperatori caesari vespatiano aug. facere liceat . vtique quae ante hanc legem rogatam , acta , gesta , decreta , imperata , ab imp. caesare vespatiano augusto , jussù , mandatuve ejus a quoque sunt , ea perinde justa rata sint , ac si populi plebisve jussù acta essent . sanctio . si quis hujusce legis ergo adversus leges , rogationes , plebisve scita , senatusue consulta fecit , feceritve , sive quod cum ex lege , rogatione , plebisve scito , senatusve consulto facere oportebit , non fecerit , hujus legis ergo , id ei ne fraudi esto , neve quid ob eam rem populo dari debeto , neve de ea re cui , actioneve judicato esto , neve quis de ea re apud eum agi sinito . this law first shewes , that there was not one royall law made for all emperors , but that for every severall emperour severall lawes were necessary , containing the conditions whereupon the principalitie was collated by the roman people : for to vespatian , it appeares power was granted , of enlarging or setling the bounds , as it was granted to germanicus , but not to other princes . and in the last chapter but one , which saith : and by those things which by any law , &c. it is lawfull to doe ; a larger power is given to vespatian then to the forenamed emperours ; and that they ought to doe some things , which vespatian ought not to doe by law. likewise by these words ; vtique quibus legibus , &c. solutus sit : it appeares that vespatian was not freed from all lawes , nor yet the emperour before him . likewise out of the chapter where it saith , ex usu reip. majestate , &c. it is evident that not an absolute free administration of things was committed to the emperours , but onely such as was usefull , that is , which should be for the profit and honour of the republike : whence is inferred , that those things which were not for the benefit and honour of the commonweale , emperors had no right nor power to doe . and in the last chapter is perspicuously set downe that superiour power of the people , greater then the principality it selfe . how then doth vlpian say , the prince is loosed from lawes ? he saith not from all lawes : verily that he was exempt from many is no doubt , &c. ( yet it was by a speciall clause in the lex regia . ) this and much more salamonius . all which considered , will infallibly evidence , the roman senate and people to be the highest power in pauls time , not the emperour ; who even at this day ( as i bodin proves ) is inferiour to the germane states , who are the soveraigne power : when king henry the fourth of france , anno . used this speech to the duke of savoy ; k if the king of france would be ambitious of any thing greater then his crowne , it might be an empire , but not in the estate that it is now , the title of empire being little more then that of the duke of venice ; the soveraingty ( writes the historian in the margin ) remaining in the states of the empire . all that is objected against the premises , is that passage of tertullian , much insisted on : colimus ergo & imperatorē sic , l quomodo & nobis licet , & ipsi expedit , ut hominem à deo secundum ; & quicquid est à deo consecutum , solo deo minorem . hoc et ipse volet : sic enim omnibus major est , dum solo vero deo minor est. sic & ipsis diis major est , dum & ipsi in poteste sunt ejus , &c. to which i answer , that these words onely prove the emperour in the roman state to be the highest officer and magistrate under god , of any one particular person ; not that he was the soveraigne highest power above the senate and people collectively considered : and the occasion of these words will discover the authors intention to be no other : which was this . the christians in that age were persecuted and put to death by scapula president of carthage , to whom m tertullian writes this booke , because they refused to adore the emperour for a god , to sweare by his genius , and to observe his solemnities and triumphs in an ethnicall manner ; as is evident by the words preceding this passage : sic & circa majestatem imperatoris infamamur , &c. and by sundry notable passages in his apologeticus . in answer to which accusation tertullian reasons in the christians behalfe ; that though they adored not the emperour as a god ; yet they reverenced him as a man next under god ; as one onely lesse then god ; as one greater then all others , whiles lesse onely then the true god , and greater then the idol gods themselves , who were in the emperours power , &c. here was no other thing in question ; but whether the emperour were to be adored as god ? not , whether he or the roman senate and people were the greatest highest soveraigne power ? and the answer being , that he was but a man next under god , above any other particular officer in the roman state ; is no proofe at all , that he was paramount the whole senate and people collectively considered , or of greater soveraigne power then they ; which the premises clearely disprove . adde ; that this father in his apologie thus censures the pagan romans for their grosse flattery of their emperours whom they feared more then their gods , appliable to our present times ; siquidem majore formidine & callidiore timiditate caesarem observatis , quam ipsum de olympo jovem , &c. adeo & in isto irreligiosi erga dees vestros deprehendimini , cum plus timoris , humano domino dicatis ; citius denique apud vos per omnes deos , quam per unum genium caesaris pejeratur . then he addes , interest hominis deo cedere ; satis habeat appellari imperator : grande & hoc nomen est , quod a deo tradetur : negat illum imperatorem qui deum dicit ; nisi homo sit , non est imperator . hominem se esse etiam triumphans in illo sublimissimo curru admonetur . suggeritur enim ci a tergo , respice post te ; hominem memento te . etiam hoc magis gaudet tanta se gloria coruscare , ut illi admonitio conditionis suae sit necessaria . major est qui revocatur ne se deum existimet . augustus imperii formator , ne dominum quidem dici se volebat : et hoc enim dei est cognomen . dicam plane imperatorem dominum , sed more communi , sed quando non cogor , ut dominum dei vice dicam . concluding thus : nullum bonum sub exceptione personarum administramus , &c. lidem sumus imperatoribus qui & vicinis nostris . male enim velle , male facere , male dicere , male cogitare de quoquam ex aequo vetamur , quodcunque non licet in imperatorem , id nec in quenquam : quod in neminem , eo forsitan magis nec in ipsum qui per deum tantus est , &c. from which it is evident , that the christians did not deifie nor flatter their emperours more then was meet , and deemed they might not resist them onely in such cases where they might resist no others , and so by consequence lawfully resist them , where it was lawfull for them to resist other private men who did injuriously assault them . if then the roman emperors were not the highest soveraigne power in the roman state when paul writ this epistle , but the roman senate and state , as i have cleared : and if the parliament , not the king , be the supremest soveraigne power in our realme , as i have abundantly manifested ; then this objected text ( so much insisted on by our opposites ) could no wayes extend to the roman senate , state , or our english parliament , who are the very higher powers themselves , and proves most fatall and destructive to their cause of any other , even by their owne argument , which i shall thus doubly discharge upon them . first , that power which is the highest and most soveraigne authority in any state or kingdome by the apostles and our antagonists owne doctrine , even in point of conscience , neither may , nor ought in what case soever ( say our opposites ) to be forcibly resisted , either in their persons , ordinances , commands , instruments , offices , or armed souldiers , by any inferiour powers , persons or subjects whatsoever , especially when their proceedings are just and legall , under paine of temporall and eternall condemnation . but the senate among the romans , not the emperour ; and the parliament in england , not the king , really were and are the higher powers and most soveraigne authority . therefore by the apostles own doctrine even in point of conscience , they neither may nor ought to be disobeyed or forcibly resisted in any case whatsoever , either in their persons , ordinances , commands , instruments , officers , or armed souldiers , by the king himselfe , his counsellors , armies , cavaliers , or by any inferiour powers , persons , or subjects whatsoever , especially when their proceedings are just and legall , ( as hitherto they have beene ) under paine of temporall and eternall condemnation . i hope the doctor and his camerads will now beshrew themselves that ever they medled with this text , and made such a halter to strangle their owne treacherous cause , and those who have taken up armes in its defence . secondly , that power which is simply highest and supreame in any state , may lawfully with good conscience take up armes to resist or suppresse any other power , that shall take up armes to subvert religion , lawes , liberties , the republike , or the just rights and priviledges of the subject , or of this higher power . this is our opposites owne argumentation . therefore the parliament being in verity the highest supreame power in our state , may lawfully with good conscience take up armes to resist or suppresse his majesties malignant , popish forces , or any other power which already hath , or hereafter shall be raised to subvert religion , lawes , liberties , the republike , just rights and priviledges of parliament , or the subjects ; and every man with safe conscience may chearefully serve in such a warre , upon the parliaments encouragement or command , without guilt of treason , or rebellion either in law or conscience . for the third question ; whether tyrants or unjust oppressing magistrates , as they are such , be within the intendment of this text , and not to be resisted in any case ? i have fully cleared this before from the occasion , scope and arguments used in this chapter ; that they are not within the compasse of this text ; as they are such , and may be resisted in their tyranny and oppressions notwithstanding this inhibition ; i shall not repeat , but onely fortifie this position with some new reasons and authorities . first then , that which is not the ordinance of god , but rather of the devill , and the meere sinne and enormity of the governour himselfe , not of the government , is not within the intention of this text , and may lawfully bee resisted without any violation of it . but tyrants and unjust oppressing magistrates as they are such , are n not gods ordinance , but rather the devills , and their tyranny and oppression is onely the sinne and enormity of the governours themselves , not of the government ; a truth granted by all men : therefore they are not within the compasse of this text , and may lawfully be resisted without any violation of it . secondly , that which is no point of the magistrates lawfull power ordained of god , but diametrally repugnant to it , cannot be within the meaning of this text , and may lawfully be resisted ; but the tyranny , oppression , rapine , and violence of lawlesse kings and magistrates are such , as all must and doe acknowledge . ergo , they are not within the verge and compasse of this text , and may lawfully bee resisted . thirdly , all powers intended in the text , are not only ordained , but ordered of god , that is , o paraeus with others observe ) they are circumscribed & bounded with certain rules or lawes of justice and honesty , within which they must containe themselves , else they exorbitate from gods ordinance when they passe beyond these limits , and become none of gods ; this the greeke word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , ( which arias montanus and others render , ordinatae , and the margin of our english bibles , are ordered of god ; ) doth sufficiently warrant being coupled with the subsequent limitations ; for rulers are not a terrour to good workes , but to evill , &c. they are gods ministers attending continually on this very thing . now the tyranny and oppression of kings and other rulers , are meere exorbitances , arbitrary illegall actions , exceeding the bounds of justice and honesty prescribed by the lawes of god and men . therefore not within the limits of this text , and resistible . fourthly , it is generally accorded by all commentators , that though the lawfull power of princes or other magistrates degenerating unto tyrants , be of god , and not to be resisted ; yet the tyranny it selfe , and abuse of this power is of satan , not of god , and the vice of the persons onely , not of the power it selfe ; whence they conclude , that tyrants are not within the meaning of this scripture . so origen , paraeus , willet , with most others on this text ; and zuinglius most expresly explanatio artic. . tom. . f. . . where he complaines , that many tyrants , cheate , steale , rob , slay , plunder , and attempt any thing against their subjects to oppresse them ; assuming a pretext and vayle of their malice from this text of paul. yea dominicus soto , cajetan , pererius , and other popish commentators on this place observe ; that paul addes this epithet , of higher or excelling powers ( omitted by him in other parallel texts ) of purpose to exclude tyrants , who are no excelling lords , nor lawfull powers ; reigning oft times by gods permission for the peoples punishment ; not by his ordination for their good : and blame bueer for saying , that tyrants power is from god , as if he were ths author of sinne and tyranny . this then fully answers that absurd errour of doctor p ferne , wherein all his force is placed : that the power in pauls dayes which he here prohibits to resist , were subverters of that which was good ; and the roman emperors tyrants : where he sottishly confounds the tyranny , lusts , and vices of the emperors persons , which were detestable , with their power it selfe , which was good and commendable ; as if the imperiall power it selfe was ill , because nero was ill , and was q therefore justly condemned to death by the roman senate , as a publike enemy to the roman state , though they approved and continued his just imperiall principality , which lasted in succession for many hundred yeares after his censure , death . to which i shall onely adde ; that though nero himselfe were a tyrant , yet the roman senate , and all their inferiour offices were not tyrants ; many of them , no doubt , being just and upright magistrates . the precept therefore being thus in the generall , and the plurall number , let every soule be subject unto the higher powers ; nor personall ; let them be subject to nero ; or speciall , to the roman emperour ( whom paul no doubt would have r specified , had he specially intended them , as our opposites fondly dreame ; ) we may safely conclude , that the apostle intended it onely of lawfull powers and magistrates , not of nero or other tyrants : and writ this to christians onely , to whom he dedicates this epistle , witnesse ch. . v. . to all that be at rome beloved of god , called to be saints , &c. not to pagan romans , as the doctor dreames , to whom he writes not ; much lesse to the roman senate , who were then the soveraigne power ; and therefore could bee subject to no other but themselves . precepts of obedience to children and servants , concerne not parents and masters as such , in point of submission or obedience . for the fourth quere : whether kings and kingdomes be gods ordinance ; or an institution jure divino , not a humane ordinance , instituted jure humano ? or , how farre divine or humane ? is a necessary considerable question grounded on this text , and very needfull to be discussed to cleare the present controversie . some of our opposites are so intoxicated with the divinity of monarchy , as they confidently s determine ; hat the efficient cause of royall monarchicall power is onely god ; not the people . that kings receive no power or regall authority from the people , but from god alone ; that the power of kings is not a humane , but a divine power , of which god onely is the efficient cause . that the people doe not make the king , but god properly and absolutely ; this power , right and authority he hath from god. that the king hath no dominion and power from his subjects by way of trust , but from god , from whom he hath his kingdome and power , so that by idolatry and oppression , he breakes not the trust reposed in him by his subjects , because the people have committed nothing to his charge , but god onely , &c. for proofe whereof they produce prov. . . by me kings reigne , dan. . . god removeth kings and setteth up kings , dan. . . . the most high ruleth in the kingdome of men , and giveth it to whomsoever he will ; and setteth up over it the basest of men , with hos . . . sam. . . jer. . , , . isay . , . and other texts . to answer this question distinctly , and dissipate these grosse erroneous paradoxes ; we must distinguish : first , betweene , government it selfe in generall , and kingly or other kindes of government , in speciall , ( as our opposites distinguish betweene , a sabbath , and the sabbath ; the first they say is morall and of divine institution , the later not . ) secondly , betweene the regall power of kings , the persons invested with this power , the manner of obtaining , and the administration of their power . thirdly , of gods manner of instituting and ordaining things ; which is twofold , immediately by himselfe , mediately by others . and these institutions of both kinds are either universall , extending to all places , nations ; or particular , concerning some countries , and nations onely , and not others ; perpetuall for ever , or temporall onely for some set time : immutable , not capable of the least alteration ; or mutable , and that either at the pleasure of god onely ; or at the will of men , when they shall see just cause , either in part or in whole . fourthly , in what severall senses things may be said to be of god. first , in respect of his owne immediate institution . secondly , of his generall or speciall commands . thirdly , of his generall or speciall disposing providence , without any speciall institution or command . fourthly , of his approbation of , assent unto , and blessing on the meere institutions of men . fiftly , of his permission onely . to apply these distinctions to the present occasion . first , it is cleare , that power and government in generall are gods owne institution ; who as he hath appointed ( in the great fabricke of the world a t certaine constant forme of government and subordination of one creature to another ) so he hath for the good of mankinde , appointed that there should be some forme of government or other among men in the world ; which in respect of families hee hath specially and universally decreed , u as that the wife should be subject to the husband , the children to the parents , the servants to their masters ; but in regard of commonweales , or nations , hee hath left it arbitrary and indefinite , leaving every nation and country free liberty to elect such a publike politike forme of government , as themselves should judge most expedient for their publike good , and that mutable ( since all humane things are so ) as they should see just occasion , not prescribing any sempiternall , immutable forme of government to any particular nations , regions , much lesse to all the world . secondly , government in generall being thus of god , but the kindes of it thus left arbitrary to mens institution and free election ; the particular governments instituted by any nation for the better regulating of their lives , the preservation of humane society , and advancement of gods glory , may be truely said in some sense to be of god , though instituted , invented by men . not because god himselfe did immediately ordain or prescribe them by speciall command to all , or any one people : or because god himself did immediately ordaine or prescribe them by speciall command to this , all , or any one people : but because hee by his generall or speciall providence did direct this nation to make choyse of such a government , or gave them wisedome to invent and settle it , as most commodious for their republike , till they should see cause to alter it : or because he blessed and approved it , when invented and received by them . thirdly , kingly powers , kingdomes , kings ( the things now in question ) are , and may be said to be of god , and ordained of god , in no other manner or sense , then all other particular governments or magistrates are . for this text of the romans , speaking onely of the higher powers , the powers that are , and of rulers ; as doth that place of titus . . and the text of prov. . , . ( so much relied on by the objectors ) extending as well to all subordinate rulers as kings ; witnesse the subsequent words , by me kings reigne , and princes decree justice : by me princes rule and nobles , yea all the judges of the earth ; ( that is , all magistrates whatsoever ) it cannot but be yeelded ; that all and every lawfull kinde of government , all lawfull rulers and magistrates of what fort soever are of gods ordination , and his ordinance , as farre forth as monarchies are ; and what is truely affirmable of the one , is of the other too . these generalls thus premised as indubitable ; i say first of all : that monarchy or regall power is not of god , nor yet gods ordinance by way of immediate divine institution or speciall command from gods owne free motion , as our opposites affirme it . for first , god himself never immediately instituted a royall monarchicall government in any nation whatsoever , no not among his owne people ; whose government was at first y paternall and patriarchicall ; next aristocraticall ; then regall ; not by gods immediate institution and voluntary designation ; but by the peoples earnest importunity , contrary to the good liking of god and samuel , as is evident by sam. c. , and , and , and . hos . . . and the appendix . secondly , z all politicians , and historians grant , that the originall crection of all monarechies was either by the peoples free consent and ordination ; or by tyranny and usurpation ; or be conqest ; none by divine institution or speciall command from god : and it must needs be so , because most a kingdomes were primitively erected , either among pagan nations and states , who knew not god nor his word , or among christian states since speciall commands and revelations from heaven ceased : which if our opposites deny ; i shall desire them to instance in any one monarchy in the world , instituted immediately by god himselfe , or by speciall command from his owne free motion : till this be done , all their asseverations will be accounted fabulous . thirdly , if regall power be gods ordinance by way of divine immediate institution and command ; then this institution of regall monarchy , with the severall prerogatives , and boundaries of it , would appeare in some text of scripture , and this government would be specially and perpetually prescribed either to all , or some particular nations by god himselfe . but this institution , with the generall prerogatives and bounds of regall authority , are no where extant in scripture , neither this forme of government therein prescribed , but left arbitrary to all or any nation in particular , for ought any man can demonstrate . those texts which concerne the kings of the israelites in point of soveraignty , and prerogative , being judiciall onely , and peculiar to that nation , nor morall , or extending unto others . therefore it is not gods ordinance by way of divine immediate institution , or command . fourthly , if it were of divine ordination in this sense ; then the regall power and authority of all kings and monarchs in the world should bee equall , yea the very same ; and there should be no different kinde of kings ; as the divine authority of all ministers ( being of gods owne institution by one and the same commission ) is one and the same : but the regall power and jurisdiction of all kings and monarchies in the world is not equall nor the same ; for some have farre greater authority then others ; there are many different sorts of kings in the world , some onely annuall , others for life , others hereditary , others at will , deposible at the peoples pleasures when ever they offended , ( such were the kings of the b vandalls in africk , of the c gothes in spaine ; cum ipsos deponerent populi quoties displicuissent : such the kings of the heruli ( procopius , gothicorum ) of the lombards , paulus warnafredi , l. . & . of the burgundians , ammianus , . lib. . of the moldavians , laonichus chalcocandylas ; the king of agadis among the africans , joannis leo , lib. . of the quadi and jazyges ( in excerptis dionis ) with sundry others hereafter mentioned . ) some elective , others successive , some conditionall , others absolute , as i have plentifully mentioned in the appendix . therefore they are not of divine ordination in the objectors sense . fiftly , if kings were of divine ordination in this sense , then their kingdomes and people upon their elections , institutions and coronations could not justly prescribe any conditions , oathes or covenants to them , upon promise of performance whereof they onely accept of them to be their kings , refusing else to admit them to reigne over them ; and such conditions , oathes , covenants , would be meere nullities , since men have no power at all to detract from gods owne divine institutions , or to annex any conditions or restrictions to them . but our antagonists themselves dare not averre , that kingdomes and nations upon their kings coronations , institutions and elections may not lawfully prescribe conditions , oathes , and limitations to them , upon promise of performance whereof they onely submitted to them as their soveraignes , it being the received practise of our owne , of all or most other kingdomes whatsoever , e especially elective ones , and confirmed by divine authority , chron. . . to . therefore they are not of divine institution in the objected sense . sixthly , all f lawyers and most orthodox divines determine , that kings have no other just or lawfull royall authority , but that which the lawes and customes of their kingdomes allot them , and that the law onely makes them kings , from which if they exorbitate they become tyrants and cease to be kings . their royall authority therefore is of humane institution properly , not divine ; from their people , who both elect , constitute them kings , and give them all their regall authority by humane lawes enacted , not from god as the onely efficient cause . seventhly , all kingdomes , monarchies , policies , are mutable and variable in themselves , while they continue such ; yea , temporary and alterable into other formes of government by publicke consent , if there be just cause ; without any immediate command or alteration made by god himsele , or his divine authority : there being no positive law of god confining any nation , ( whose humane earthly condition is still variable ) to a monarchicall or any other constant forme of government only , much lesse for perpetuity without variation . therefore , they are not of divine institution in this sense . eightly , st. peter expressely defines kings and monarchies , in respect of their institution , to be humane creatures , or institutions , pet. . . submit your selves to every ordinance of man for the lords sake ; whether it be to the king , as supreame , &c. and they are common to pagans who know not god , as well as to christians . therefore , they are not simply divine , but humane ordinances . ninethly , our antigonists will yeeld , that other formes of government , whether aristocraticall , oligarchicall , democraticall , or mixt of all three , are not absolutely and immediately of divine institution ; nor yet dukes , principalities , with other inferior rulers , though the apostle in this text makes them all equally gods ordinance , and divine . therefore monarchy , kings and kingdomes are not so . tenthly , the very text it selfe seemes to intimate , that royalties and higher powers are not of god , by way of originall or immediate institution , or command : for the apostle saith not ; that all powers whatsoever were originally instituted and ordained by god himselfe ; but , there is no power but of god ; the powers that be , are ( not were at first ) ordained ( or rather , ordered ) of god : that is ; where powers and governments are once erected by men , through gods generall or speciall providence , there god approves and orders them for the good of men . . if monarchies , and kings themselves be not of divine institution , and gods ordinance in the former sense , as is most apparent : & aristotle , plato , all politicians grant ; then they are so onely in some other sense , in what i shall truely informe you . first , they are of god , and his ordinance , by way of imitation , as derived from gods owne forme of government , which is monarchicall ; whence he is called , g the only god , god alone , h the king of kings , and lord of lords . secondly , by way of approbation ; he i approves and allowes this kinde of government where it is received , as well as other formes . thirdly , by way of direction , he gives divers generall k rules and directions to kings ( and to other rulers and magistrates also as well as them ) in his sacred word how they ought to demeane themselves , towards him and their subjects ; and likewise l to subjects , how they should carry themselves towards their kings ; and all other rulers and governours temporall or spirituall : in which sense they may be properly said , to be ordered and ordained too , of god. fourthly , by way of speciall providence and incitation ; god excites and moves some people to make choyce of kings , and monarchicall formes of government , rather than others ; and to elect one man or family to that dignity rather than others , yea his providence mightily rules and swayes in the changes , the elections , actions , counsels , affaires of monarchies , kingdomes , kings , states , to order them for his own glory , the kings , the subjects good or ill , in wayes of justice or mercy ; as is evident by dan. . . c. . . . hos . . . jer. . , , . isa . . , , . c. . . to . psal . . . psal . . , . job . . to . dan. . . . the genuine drift of all these texts . fifthly , kings may be said to be of god and his ordinance , because they , ( and so all other rulers , judges , magistrates as well as they , in respect of their representation and the true end of government ) are said to be gods ; to be gods ministers and vicegerents ; to sit upon gods throne , and ought to reigne , to judge for god , and to rule gods people according to gods word , with such justice , equity , integrity as god himselfe would governe them . exod. . . chron. . . rom. . , . sam. . . psal . . , , sam. . . prov. . , . psal . . . cor. . . isa . . . c. . . c. . . deut. . . sixthly , ill kings , and tyrants , may be said to be of god , by way of permission , and of ordination too , in reference to the peoples punishment , job . . hos . . . sam. . . in these regards ( common to all other governours and lawfull governments , as well as kings and monarchies ) kings and kingly authority , are and may be said to be of god , and gods ordinance ; yet not immediately , or properly in the first acception , here refuted , but so as that still they are really the institutions and ordinances of men , of humane , not divine right , and authority . as for the objected scriptures to prove kings jure divino , as prov. . . by me kings reigne , &c. ergo , they are of immediate divine institution , and have all their authority from god , not from the people , and may in no case be resisted , censured , deposed , or put to death for any misdemeanours ; the consequences thence inferred . i answer , first , that this text speakes onely of the promotion or reigne of kings ; m not of the erections and power of monarchies ; and so doe daniel . . c. . . . c. . . . with the other objected scriptures . secondly , if it be meant of the rule of kings ; then true it is , that good kings reigne by gods direction , according to his word , executing justice , and judgement , as he enjoynes them ; but then it is not true of wicked kings and tyrants , who though they reigne by gods providence or permission , yet they rule not by his word and will as he prescribes them . thirdly , if it be meant of the meanes and manner of kings comming to their kingdomes , as i conceive it is , and the texts of daniel perswade : true it is : first , that some kings reigned and came to the crowne by gods immediate nomination and designation , as saul , david , solomon , jeroboam , jehu , and hazael did : but that all , or most did heretofore , or now doe so , especially in pagan kingdomes , is a notorious falshood . secondly , it is true , that most lawfull kings in hereditary or elective kingdomes , come to their crownes , and reigne ; though not by gods immediate nomination , yet by his ordinary or speciall providence , ( though it be untrue of vsurpers , and tyrants who come to reigne by treason , murther , or other unlawfull meanes ; and so by gods l permission onely , rather than his providence : and then the sense of the place is but this ; that kings receive their crownes , and reigne by gods generall , or more speciall providence : which i thinke is the full and proper sense of the place . in this sense c. plinius secundus a heathen in his admirable panegyrio to the emperour trajan , a pagan , rhetorizeth thus of him : quid enim praestabilius est , aut pulchrius munus deorum , quam castus & sanctus & diis simillimus princeps ? ac si adhuc dubium fuisset sorte casuque rectores terris , an aliquo numine darentur , principem tamen nostrum liqueret divinitus constitutum . non enim occulta potestate fatorum , sed ab jove ipso , coram ac palam repertus , electus est , &c. which * tertullian thus seconds , speaking even of the roman pagan emperours . inde est imperator , unde & homo antequam imperator ; inde potestas ei , unde & spiritus : per deum tantus est : so irenaeus , cujus jussu homines nascuntur , hujus jussu & reges constituuntur . and diodorus siculus of the aegyptians ; existimant non sine divina quadam providentia , pervenisse ad summam de omnibus potestatem : so the m esses , hold this opinion , non obtingit cuiquam imperium sine dei cura speciali : so n vitigis , omnis provectus , maxime regius , ad divinitatis munera referendus est : and clemens o romanus , too . regem timeto , sciens domini esse electionem . which grotius de jure belli , l. . c. . sect . . confirmes with other authorities ; all concurring in this , that kings and emperours are such onely by the selfe-same providence of god , by which they were men before they were emperours ; which gives them no greater prerogative in respect of irresistibility in unjust exorbitant actions , then their being men , by the selfe-same providence of god , gave them before they were emperours , as tertullians words most clearely prove . but what priviledge this alone should yeeld to kings , more than to any other magistrates , men or beasts , for my part i cannot yet discerne . for doth not the same text say of nobles , princes , judges , as well as of kings , prov. . , . by me princes ( put as contradistinct to kings ) decree justice ; by me princes rule and nobles , yea all judges of the earth ? doth not david say of all kinde of promotions whatsoever , psal . . , . the lord raiseth the poore out of the dust , and lifeteth the needy out of the dunghill ; that he may set him with princes , even with the princes of his people ? and psal . . , . promotion commeth neither from the east , nor from the south ; but god is the judge ; he putteth downe one and setteth up another ? nay , doth not christ informe us p that the very haires of our head are all numbred ? that two sparrowes are sold for a farthing , and yet one of them shall not fall on the ground without our fathers providence ? yea doth not every man , yea every bird , beast , fish , raven , and living creature whatsoever , ( as the scripture q expressely resolves ) receive , enjoy their lives , honours , offices , estates , food , rayment , being , preservation , by gods generall and speciall providence , as well as kings their crownes , honours , lives , estates ? and is not the providence , yea are not the very o angels of god , who are all ministring spirits , sent forth to minister to them who shal be heirs of salvation , as vigilant over every pious christian ( though never so mean & despicable ) as over the greatest monarch in the world ? if so , as all men must necessarily acknowledge ( there being p no respect at all of persons with god , who accepts not the persons of princes , regards the rich no more then the poor , for they are all the work of his hands ) then kings reigning by the providence of god , can of it self no more exempt them from resistance , censures , deprivations , for their detestable publike crimes , then it exempts any other nobles , princes , iudges , magistrates , christians , or the meanest subiects whatsoever ; which i shall make good by one more unanswerable demonstration . there is not one of our antagonists but will acknowledge , that priests under the law , and all ministers under the gospell , if rightly qualified , are not made only such by gods speciall providence , but likewise by divine institution from god himself ; nay , tollet , q willet , and many others on this very text of the romanes , make a difference between the civill and ecclesiasticall regiment and powers : for the first ( say they ) is so from god , that yet the institution thereof may be devised and altered by man , and therefore peter calls it , the ordinance of man ; but the spirituall power is immediatelly instituted by god , and no wayes alterable or determinable by man : and therefore the apostle saith ephes . . . he gave some to be apostles , some prophets , some evangelists , &c. so that by their determination , ministers are more gods ordinance , and more jure divino , then kings ; yea but few years since they all professed themselves to be as much , if not more , gods anointed , then kings ; and some of our * archest prelates made publike challenges in the open court , that if they could not prove their lordly episcopacy to be iure divino , they would presently burn their rochets , and lay down their bishopricks ; though they never made good their promises : & to doubt , whether the pope and his supreme authoritie be iure divino by christs own immediate institution , deserves a fagot in the roman church : yet notwithstanding all this divine right and institution , our opposites will grant , that if popes , archbishops , bishops , priests , ministers preach false hereticall doctrines , oppresse , wound , slay , rob , plunder the people committed by god to their cares ; or attempt with force to subvert religion , laws , liberties ; or commit any capitall offences , they may not onely with safe conscience be resisted , repulsed by their people , but likewise apprehended , arraigned , deprived , condemned , executed , by lay iudges , as infinite examples in our histories manifest , and the example of abiathar the high priest , kings . , and if so , then why not kings as well as they , or other temporall magistrates , notwithstanding any of the obiected texts ? either therefore our opposites must grant all bishops , priests , ministers , yea , all other magistrates whatsoever , as irresistable , uncensurable , undeprivable , uncondemnable , for any crimes whatsoever , as they say kings are , which they dare not do ; or else make kings as resistable , censurable , deprivable , and lyable to all kindes of punishments , ( by their whole kingdoms consent in parliament ) as far forth as they , notwithstanding all the former objections , which quite subverts their cause . thirdly , kings and kingdoms are not so gods ordinance , as that they should be universall over all the world , and no other government admitted ; or so as any one nation whatsoever should be eternally tyed to a monarchiall government , without any power to alter it into an aristocracy , or other form , upon any occasion ; or so as unalterably to continue the soveraign power in one family alone , as not to be able to transfer it to another , when the whole state shall see just cause : hereditary kingdoms being but offices of publike trust for the peoples good and safety , as well as elective ; most of them were elective at first , and * made hereditary onely either by violent usurpation , or the peoples voluntary assents and institution , and not by any immediate divine authority , and so alterable by their joynt assents , as s zuinglius , t buchanon , v mariana observe , and the histories of most kingdoms , the experience of all ages evidence . which truths being generally confessed by all x polititians , historians , statists ; by many judicious divines , contradicted by no one text of scripture that i have met with which our opposites have objected hitherto , they will finde all monarchies upon the matter , to be meer humane institutions , alterable still by that humane power which did at first erect them , and subordinate still thereto , as the creature to its creator ; and to be gods ordinance onely in regard of speciall providence , and the like , as other inferiour magistrates , rulers are , who may be justly resisted , altered , removed , censured , notwithstanding the objected text. from which whiles some men earnestly presse , that every soul by gods own ordinance , ought to be subject to some publike civill power , ( which y others safely deny , fince the patriarks , the first families of most nations and countries were not so , and all nations , all people before setled publike governments , were erected , which in many places are not very ancient ; since those whose parents are dead , and are not by them subjected to a government , are naturally free ; and none bound to part with their freedom to any other , unlesse they see a necessitie , a great advantage , and that upon such terms and conditions as they deem meet , ) they involve even kings and emperours themselves by gods own ordinance , in a subiection to a superiour earthly civill power , to wit , to their laws , parliaments , kingdoms , ( which i have proved paramount them , collectively considered ) according to the common proverbe z omne sub regno graviore regnum est ; and that of a solomon ( concerning oppressing kings and judges ) he that is higher then the highest considers , and there be higher then they : and so make kings not onely resistble by their whole kingdoms the supreme soveraign power , but likewise subiect to their realms superiour commands , and uncapable to resist their lawfull power and forces even in point of conscience , by vertue of this very text. and so much for the fourth question . for the fifth and last , b what kinde of resistance of the higher powers is here prohibited ? i answer briefly , that resistance is here forbidden , which is contrary to subiection or obedience , as the words , let every soul be subject to the higher powers , coupled with the ensuing reason , whosoever therefore resisteth ( that is , disobeyeth , or is not subiect to ) the power , resisteth the ordinance of god ; and they that resist shall receive to themselves damnation . in the greek there are two distinct words used , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , the latine , english , french , dutch use them both as one , without distinction : the first word signifies properly disordered , counter-ordered , or ordered against , ( as paraeus , willet , and others observe ) and it is thus used by the apostle , thess . . , , ; or disobedient , tim. . . the later word signifieth properly to resist , withstand , or oppose ; in which sence it is used , matth. . . luke . , . act. . . rom. . . gal. . . tim. . . hebr. . . iam. . . chap. . . pet. . . and applied indifferently both to a spirituall , corporall , and verball resistance of the holy ghost , the devill , or men : since then the apostle in this text useth the hebrew phrase soul , not man , let every soul be subject to the higher powers ; because ( as haymo , tollet , willet , soto , and most other interpreters observe ) we c ought willingly and cheerfully to submit to the higher powers , not only with our bodies , but soules and spirits too : i may hence cleerly inferre , that the resistance of the higher power hee prohibited as contrary to this subjection , is not only that which is corporall and violent by force of armes , as the objectors glosse it ; but that likewise which is verball , mentall , spirituall in the soule it selfe without the body , and no more then a meer passive resistance , or not obeying : for not to doe what the higher powers enjoyn , is in verity actually to resist , to withstand them ; as not to doe the will , not to yeeld obedience to the motions , dictates of the holy ghost or devill is really to resist them , even in scripture phrase : yea , corporall resistance or opposition by way of force is only an higher degree of resistance , but not the onely or proper resistance here prohibited , which relates principally to the soule and spirit . for as corporall forced obedience against a mans will which still holds d out , is no true obedience in the esteem of god or men : and as the very essence , life of all outward obedience consisteth e principally in the cheerfull submission or activity of the soule or will : so a forced corporall resistance against the mind or conscience , is in a manner no resistance ; and the very malignity , quintessence of all inward or outward resistance , disobedience , rests only in the mind , soule , will ; and is here principally forbidden , as is evident by the . verse ; wherefore ye must needs be subject , not onely for wrath ( which relates only to the body , which mens wrath can only harm in case of disobedience , mat. . . ) but also for conscience sake , which principally , if not wholly relates unto the soule , of which the conscience is a chief-overruling part . this then being altogether irrefragable , gives our antagonists , with dr. fern , an eternall overthrow , and unavoidably demonstrates the resistance of the higher powers here prescribed , to be only of iust lawfull powers in their iust commands or punishments , which we must neither corporally , verbally , nor so much as mentally resist , but readily submit too with our very soules , as well as bodies : not of tyrants or ungodly rulers uniust oppressions , forces , proceedings to subvert religion , lawes , liberties , which all our opposites , all divines whatsoever grant , we are bound in conscience passively to resist , and disobey ; yea , with our tongues to g reprehend , and our souls and spirits to oppose , detest , abhorre , hate in the very highest degree of opposition , notwithstanding this inhibition : and therefore by like reason are no wayes prohibited , but authorized by it , even forcibly to resist to our utmost power , have we meanes and opportunity so to doe , as the parliament now hath : that power and proceedings which christians may lawfully with good conscience , yea and are bound to resist with all their souls , minds , tongues , they justly may and must likewise resist with all their corporall might and strength ; especially if they have good opportunity , publike encouragements , and meanes to do it , as deut. . . pet. . . iude . . phil. . , . cor. . . compared together , and with the premised scriptures , fully evidence . but christians may lawfully with good conscience , yea must resist with all their souls , minds , tongues , the fore-named violent proceedings of kings , oppressors , ill counsellors and cavaleers , and no wayes submit unto them with their souls , minds , tongues , lest thereby they should approve and be partakers , with promoters of their execrable designes ; therefore they may and must with safe conscience resist them with all their corporall might and strength , having now opportunity , a parliamentary publike command and sufficient meanes to execute it . and thus have i now at last not onely most clearly wrested this sword out of the hands of our great opposite goliahs , but likewise cut off their heads , and so routed all their forces with it , as i trust they shall never be able to make head againe . yet before i wholly take my leave of this text to gratifie our prelaticall clergy , i shall for a parting blow adde this one observation more , that all our ( i popish clermen her●tofore ( and many of them till this day ) notwithstanding the universality of this text , let every soule be subject to the higher powers , &c. not only pretended themselves to be of right exempted from the jurisdiction censures , taxes of emperours , kings , and a● civill magistrates , ) which priviledges some of our late prelates began to revive , as the late cases of mr. shervill , the maior of arundel , and some others evidence , censured for punishing drunken priests ) but likewise held it lawfull to censure , excommunicate , depose even emperours and kings themselves , and interdict their kingdomes ; witnesse not only the k popes excommunications of many emperours and kings , by apparant usurpation and injury ; but of sundry prelates excommunications of their own soveraigns as of right and putting them to open penances ; as k. suintilla , sancho , ramir in spain , and others elswhere , of which you may read divers presidents in my appendix : the history of m st. ambrose his excommunicating the emperour theodosius for the bloody murther of those of thessalonica , is so commonly known , that i need not spend time to recite it , nor yet the n excommunications and censures of our king iohn , or henry the . and . suano king of denmark ( as saxo-grammaticus records ) was not onely sharply reprehended , but excommunicated in a most bold and solemn manner by one of his bishops for his uncleannesse , and murthering some eminent persons , of whom he was jealous , whiles they were at their devotions in the church . l this bishop instead of meeting this king when he came to enter into the church , with accustomed veneration , clad in his pontificalibus , with his crosier s●affe kept him from entring so much as within the court thereof ; calling him not by the name of a king , which he suppressed , but a shedder of mans blood ; and not content to chide him , he fixed the point of his staffe in his brest , preferring the publike scandall of religion before private society , not being ignorant , that the offices of familiarity were one thing , the rights of priesthood another thing , that the wickednesses of lords as well as servants ought to be revenged , nor are noble-mens crimes to be more partially censured , then ignoble ones : and not content thus to repulse him , he added an execration therunto and denounced a sentence of damnation against him in his presence , so as he left it doubtfull , whether he repulsed him more valiantly with his hand , or voyce . hereupon the king considering this act to proceed from zeale and publike severity against wickednesse , and being confounded with the blush of his guilty conscience , forbad any to resist his violence , and patiently underwent , heard both his repulse and reprehention ; after which , this king laying aside his royall robes , put on old course apparell , desiring rather to testifie his sorrow by the deformity of his habit , then his contempt by the splendor of it . and struck with so sad a sentence of the bishop , he would not indure to carry about the ornaments of royall magnificence ; but casting away the ensignes of regall majesty , he put on sack-cloth the badge of penitence ; putting off his power likewise together with his vestment , and of a sacrilegious tyrant , became a faithfull reverencer of holy things . for returning bare-foot to the church-porch , he cast himselfe prostrate in the entrance thereof , and humbly kissed the ground , suppressing the griefe which is wont most sharply to be inflicted from contempt , with shamefac'tnesse and moderation , redeeming the fault of his bloody reigne with shame and penitence : after which confessing his fault , and craving pardon with teares of the bishop , he was absolved , and then putting on his royall robes , admitted into the church , and brought up to the altar , to the exceeding joy of the people , who applauding the kings humiliation and modesty ; plus poenitentia pium , quam imperto scoelest●●m 〈…〉 confessus : a memorable story of a zealous stout prelate , and of a pen●tent submissive wild prince : i shall only adde to this some few domestick president● of our welch kings p teudur king of brecknock , for his periury and murther of elgisti● another king of that countrey , was solemnly excommunicated by gurcan the . bishop of landaffe and his clergy , in a synod assembled for this purpose , by uncovering the altars , casting the crosses and reliques on the ground , and depriving him 〈◊〉 christian communion , whereupon toudur unable to undergoe this malediction and rigorous iustice , with a contrite heart , and many teares powred forth , craved pardon of his crimes , and submitted himselfe to the penance imposed on him according to his quality and greatnesse . q king clotri slaying iuguallaun treacherously , contrary to his league and oath , berthgwin the . bishop of landaffe , hearing thereof , assembled a synod of his clergy at landaffe , and solemnly excommunicated the king with all his progeny and kingdom , by uncovering the altars , casting down the crosses on the earth , and depriving the countrey both of baptisme and the euch●rist . whereupon the king unable to endure so great an excommunication , with great deiection submitted himselfe to the bishop , and leaving his kingdom , went on pilgrimage into forraign parts for a long space ; after which returning , by the intercession of king morcant , he obtained absolution from the bishop , to whose enioyned penance he submitted himself , conferring divers lands upon the church . and in another synod at landaffe under this bishop , king gurcan , for living incestuously with his mother-in-law was solemnly excommunicated in form aforesaid ; whereupon he craved pardon , resolved to put away his mother-in-law , promised satisfaction by k. iudhail his intercessor ; upon which he was absolved , upon promise of amendment of life , with fasting , prayer and almes ; after which he bestowed divers lands on the church , r houell king of gleuissig , contrary to his oath & league , trecherously circumverring and slaying gallun , hereupon cerenlyir the . bishop of landaffe , calling a synod , solemnly excommunicated him by laying all the crosses on the ground , overturning the bells , taking the reliques from the altar and casting them on the ground depriving him of all christian communion , under which excommunication he remained almost a whole yeers space ; after which , this king came bare-foot to the bishop , imploring his absolution from this sentence with many teares , which he obtained after publke penance enoyned . not long after the same bishop and his clergy in another synod , for the like crime , in the self-same former excommunicated ili sonne of conblus , till he came bare-footed with teares and prayed absolution ; which upon performance of enjoyned penance , promise of future reformation , with prayers , fasting , almes , and the setling of some lands on the church , was granted him by the bishop . so s loumarch son of cargnocaun , was in a full synod excommunicated by gulfrid the . bishop of this see , for violating the patrimony of the church ; and king brochuail , with his family convented before a synode , threatned excommunication , enjoyned penance and satisfaction by the synode , for some injuries offered to to ciueilliauc the two and twentieth bishop of landaffe . * mauric king of of glamorgan was excommunicated by ioseph the eigth and twentieth bishop of landaffe , for treacherously putting out the eyes of etguin during the truce between them ; after which he was again publikely excommunicated in a synode , for violating the sanctuarie of the church of landaffe , and hurting some of this bishops servants ; and not absolved till he made his submission , and did his penance , and gave some lands to the church for satisfaction of these offence . thus u calgucam king of morganauc , and his whole family were solemnly excommunicated by her●wald the nine and twentieth bishop of landaffe in a synod of all his clergy , onely because one of the kings followers being drunk , laid violent hands upon bathutis the bishops physitian and kinsman on christmas day , anno . whereupon all the crosses and reliques were cast to the ground , the bells overturned , the church doors stopped up with thorns , so as they continued without a pastor and divine service day and night for a long season , till the king ( though innocent ) submitted himself to the bishop ; and to obtain his absolution , gave henringuinna to him and his successors for ever , free from all secular and royall services , in the presence of all the clergie and people . so x richard the tenth bishop of bangor , excommunicated david ap lhewelin , prince of wales , for detaining his brother griffith prisoner , contrarie to his oath , repairing to him upon the bishops word for his safe return , who never left vexing him , till he had delivered him up to to the king of englands hands . many such presidents of prelates censuring and excommunicating their kings occur in storie , which for brevity i pretermit ; onely ' i shall inform you , that y iohn stratford archbishop of canterbury , in the . year of k. edw. , contesting with this king , and excommunicating divers of his followers , and all the infringers of the churches liberties , presumed to write thus unto his soveraign ; there are two things by which the world is principally governed , the sacred pontificall authority , and the royall power , of which the priesthood is by so much the more weighty , ponderous , and sublim● , by how much they are to give an account of kings themselves at the divine audit : and therefore the kings majesty ought to know , that you ought to depend on their judgement , not they to be regulated according to your will. for who doubteth that the priests of christ are accounted the fathers and masters of kings , princes , and all faithfull christians ? is it not known to be apart of miserable madnesse , if the son should endeavour to subjugate the father , the servant the master to himself ? the canonicall authority of scriptures testifieth , that diver . pontiffs have excommunicated , some of them kings , others emperours : and if you require somewhat in speciall of the persons of princes ; saint innocent smote the emperour archadius with the sword of excommunication , because he consented that saint john chrysostom should be violently expelled from his see. likewise saint ambrose archbishop of millain , for afault which seemednot so hainous to other priests , excommunicated the emperour theodosius the great : from which sentence , having first given condigne satisfation , he afterwards deserved to be absolved ; and many such like examples may be alleaged , both more certain for time , and nearer for place . therefore no bishops whatsoever neither may nor ought to be punished by the secular power , if they chance to offend through humane frailtie : for it is the duty of a good and religious prince to honour the priests of god , and defend them with greatest reverence , in imitation of the pious prince of most happy memory , constantine , saying , when the cause of priests was brought before him , you cannot be iudged by any , to wit , of the secular judges , who are reserved to the iudgement of god alone ; according to the assertion of the apostle ( very ill applied ) saying , the spirituall man is iudged of no man , corinth . . . ( not meant of bishops or clergie-men , but saints alone , endued with gods spirit , not of judging in courts of iustice , but of discerning spirituall things , and their own spirituall estates , as the context resolves : ) thus and much more this prelate , who notwithstanding this text of the romanes , pleads an exemption of all bishops and priests from the kings secular power , by divine authority , and arrogates to priest and prelates , a iudiciary lawfull power over kings themselves , to excommunicate and censure them for their offences . and to descend to later times , even since the the reformation of religion here , iohn bridges dean of sarum , and bishop of oxfort , even in his book intituled , the supremacy of christian princes over all persons thorowout their dominions , in all causes so well ecclesiasticall as spirituall , printed at london , . p. . writes thus ; but who denies this ( m. saunders ) that a godly bishop may upon great and urgent occasion , if it shall be necessary to edifie gods church , and there be no other remedy , flee to this last censure of excommunication against a wicked king ? making it a thing not questionable by our prelates and clergie , that they may in such a case lawfully excommunicate the king himself : and doctor bilson bishop of winchester , in his true difference between christian subiection and unchristian rebellion , dedicated to queen elizabeth her self , printed at oxford , . part. . page . to . grants , that emperours , kings and princes , may in some cases be excommunicated and kept from the lords table by their bishops ; and grants , that with hereticks and apostates , be they princes or private men , no christian pastor nor people may communicate : neither finde i any bishop or court doctor of the contrary opinion , but all of them readily subscribe hereto . if then not onely the ill counsellors and instruments of kings , but kings and emperours themselves , may thus not onely be lawfully , iustly resisted , but actually smitten and excommunicated by their bishops and clergy , with the spirituall sword , for their notorious crimes and wickednesses , notwithstanding this inhibition ; ( which * valentinian the emperour confessed ; and therefore desired , that such a bishop should be chosen and elected in millain after auxentius , as he himself might really and cordially submit to him and his reprehensions , since he must sometimes needs erre as a man , as to the medicine of souls ; as he did to ambrose , when he was elected bishop there ; ) why they may not likewise be resisted by their laity in the precedent cases with the temporall sword , and subjected unto the censures of the whole kingdoms and parliaments , transcends my shallow apprehension to conceive , there being as great , if not greater , or the very self-same reason for the lawfulnesse of the one , as of the other . and till our opposites shall produce a substantiall difference between these cases , or disclaim this their practice and doctrine of the lawfulnesse of excommunicating kings and emperours , they must give me and others liberty to conceive , they have quite lost and yeelded up the cause they now contend for , notwithstanding this chief text of romaves . the ground of all their strength at first , but now of their ruine . the tenth x objection is this , that of pet. , , , , . submit your selves to every ordinance of man for the lords sake , whether it be to the king as svpreame , or unto governours , as unto them that are sent by him ( to wit , by god , not the king , as the distribution manifests , and rom. . , , , . ) for the punishment of evill doers , and for the praise of them that doe well , &c. feare god , honour the king ; wee must submit to kings and honour kings , who are the supream governours ; therefore we may in no case forcibly resist them or their officers , though they degenerate into tyrants . to which i answer ; that this is a meerin consequent ; since the submission here injoyned is but to such kings , who are punishers of evill doers , and praisers of those that do well ; which the apostle makes the ground and motive to submission ; therefore this text extends not to tyrants and oppressours , who doe quite contrary . we must submit to kings when they rule well and justly , is all the apostle here affirms ; ergo wee must submit to , and not resist them in any their violent courses to subvert religion , lawes , liberties ; is meet non-sence both in law , divinity , and common reason . if any reply , as they doe , that the apostle , vers . , , . bids servants 〈◊〉 subject to their masters with all feare , not onely to the good and gentle , but also to the froward : for this is thank-worthy , if a man for conscience towards god endure griefe suffering wrongfully , &c. ergo this is meant of evill magistrates and kings , as well as good . i answer . that the apostles speaks it onely of evill masters not kings ; of servants , not subjects ; there being a great difference between servants , apprentices , villaines , and free borne subiects , as all men know , the one being under the arbitrary rule and government of their master ; the other onely under the just , setled , legall government of their princes , according to the lawes of the realme : secondly , this is meant onely of private personall iniuries , and undue corrections of masters given to servants without iust cause , as vers . . for what glory is it , if when yee be bvffeted for your faults , &c. intimates : not of publike iniuries and oppressions of magistrates , which indanger the whole church and state. a christian servant or subiect must patiently endure private undue corrections of a froward master or king : * ergo whole kingdomes and parliaments , must patiently without resistance suffer their kings and evill instruments to subvert religion , lawes , liberties , realms , ( the proper deduction heen ) is but a ridiculous conclusion . secondly , this text enjoynes no more subjection to kings , then to any other magistrates ; as the words : submit your selves to every ordinance of man ; or unto governors , &c. prove past all contradiction ; and vers . which bids us , honour the king ; bids us first in direct tearmes , honovr all men ; to wit , all magistrates at least , if not all men in generall , as such : there is then no speciall prerogative of irresistability given to kings by this text in injurious violent courses , more then there is to any other magistrate or person whatsoever ; god giving no man any authority to injure others without resistance , especially if they assault their persons or invade their estates to ruine them : since then inferiour officers , and other menmay be forc●bly resisted when they actually attempt by force to ruine religion , lawes , liberties , the republike , as i haue proved , and our antagonists must grant ; by the self-same reason kings may be resisted too , notwithstanding any thing in this text , which attributes no more irresistability or authority to kings , then unto other magistrates . thirdly , kings are here expresly called ; an ordinance of man , not god ; as i have formerly proved them to be . if so ; i then appeal to the consciences of our fiercest antagonists , whether they do beleeve in their consciences , or date take their oathes upon it ; that ever any people or nation in the world , or our ancestors at first , did appoint any kings or governours over them , to subvert religion , laws , liberties ; or intend to give them such an unlimited uncontroulable soveraignty over them , as not to provide for their own safety , or not to take up arms against them , for the necessary defence of their laws , liberties , religion , persons , states , under pain of high treason , or eternall damnation , in case they should degenerate into tyrants , and undertake any such wicked destructive designe . if not ( as none can without madnesse and impudence averre the contrary , it being against all common sence and reason , that any man or nation should so absolutely , irresistably inslave themselves and their posterities to the very lusts and exorbitancies of tyrants , and such a thing as no man , no nation in their right sences , were they at this day to erect a most absolute monarchie , would condescend to ; ) then clearly the apostle here confirming onely the ordinances of men , and giving no kings nor rulers any other or greater power then men had formerly granted them ( for that had been to alter , not approve their humane ordinances ) i shall infallibly thence inferre ; that whole states , and subjects , may with safe conscience resist the unjust violence of their kings in the foresaid cases , because they never gave them any authority irresistably to act them , nor yet devested themselves ( much lesse their posterity whom they could not eternally inslave ) of the right , the power of resisting them in such cases ; whom they might justly resist before , whiles they were private men , and as to which illegall proceedings they continue private persons still , since they have no legall power given them by the people to authorize any such exorbitances . fourthly , the subjection here enjoyned , is not passive , but active , witnesse ver . . for so is the will of god , that by well doing ( to wit , by your actuall cheerfull submission to every ordinance of man for the lords sake , &c. ) you put to silence the ignorance of foolish men : as free , and not using your liberty , &c. if then this text be meant of active , not passive obedience ; then it can be intended onely of lawfull kings , of magistrates in their just commands , whom we must actually obey ; not of tyrants and oppressours in their unjust wicked proceedings , whom we are bound in such cases actually to disobey , as our antagonists grant , and i have largely evidenced elsewhere : wherefore , it directly commands resistance , not subjection in such cases ; since actuall disobedience to unjust commands , is actuall resisting of them . and that these texts prescribing resistance tacitely , should apparantly prohibit it under pain of treason , rebellion , damnation , is a paradox to me . fifthly , this text doth no way prove that false conceit of most , who hence conclude : that all kings are the supream powers , and above their parliaments , and whole kingdoms , even by divine institution : there is no such thing , nor shadow of it in the text. for first , this text calls kings , not a divine , but humane ordinance ; if then kings be the supreamest power , and above their parliaments , kingdoms , it is not by any divine right , but by humane ordination onely , as the text resolves . secondly , this text prescribes not any divine law to all or any particular states ; nor gives any other . divine or civill authority to kings and magistrates in any state then what they had before ; for if it should give kings greater authority and prerogatives then their people at first allotted them , it should alter and invade the settled government of all states , contrary to the apostles scope , which was to leave them as they were , or should be settled by the peoples joynt consent : it doth not say , that all kings in all kingdoms are , or ought to be supreame ; or let them be so henceforth : no such inference appears therein . it speaks not what kings ought to be in point of power ; but onely takes them as they are , ( according to that of rom. . . the powers that are , &c. to wit , that are , even now every where in being , not which ought to be , or shall be ) whence he saith ; submit to the king as supreame : that is ; where by the ordinance of man the king is made supreame ; not , where kings are not the supreamest power ; as they were not among the a ancient lacedemonians , indians , carthaginians , gothes , aragonians , and in most other kingdoms , as i have b elsewhere proved : to argue therefore , we must submit to kings where the people have made them supreame ; ergo , all kings every where are and ought to be supreame jure divino ; ( as our antagonists hence inferre ) is a grosse absurdity . thirdly , this text doth not say , that the king is the supreame soveraigne power , as most mistake ; but supreame governour , as the next words ; or governours , &c. expond it ; and the very oath of supremacie , . eliz. cap. . which gives our kings this title , supreame governour within these his realms . now kings may be properly called supreame magistrates or governours in their realms , in respect of the actuall administration of government and justice , ( all magistrates deriving their commissions immediately from them , and doing justice , for , and under them : ) and yet not be the soveraign power , as the romane emperours , the kings of sparta , arragon , and others ; the german emperours , the dukes of venice in that state , c and the prince of orange in the nether-lands , were and are the supreame magistrates , governours ; but not the supreame severaigne powers ; their whole states , senates , parliaments , being the supreamest powers , and above them ; which being courts of state , of justice , and a compound body of many members , not alwayes constantly sitting , may properly be stiled , the supreame courts and powers ; but not the supreame magistrate or governour : as the pope holds himself , the supreame head and governour of the militant church ; and the arch-bishop of canterbury stiles himself , the primate and metropolitane of all england ; and so other prelates in their provinces ; yet they are not the soveraigne ecclesiasticall power , for the king , at least generall councells or nationall synods ( which are not properly tearmed governours , but power , ) are paramount them , and may lawfully censure or depose them , as i have d elsewhere manifested . to argue therefore , that kings are the highest soveraign power , because they are the highest particular governours and magistrates in their realms , as our antagonists do ; is a meer fallacie , and inconsequent , since i have proved e our own , and most other kings , not to be the highest powers , though they be the supreamest governours . fourthly , this text speaks not at all of the romane emperour , neither is it meant of him , as doctour fern● , with others mistake ; who is never in scripture stiled a king , being a title extreamly odious to the romanes , and for ever banished their state with an f oath of execration , by an ancient law , in memory whereof they instituted a speciall annuall feast on the . of february , called , g regifugium ; the hatred of which title continued such , that tully h and augustine write ; regem romae posthac , nec dii nec homines esse patiantur : and i caesar himself being saluted king by the multitude , perceiving it was very distastfull to the states , answered , caesarem se , non regem esse : which title of caesar , ( not king ) the scripture ever useth to expresse the emperour by : witnesse matth. . , . mark . , , . luke . . chap. . , , . chap. . . john . , . acts . . chap. . . chap. . , , , , . chap. . . chap. . . chap. . . phil. . . which texts do clearly manifest , that no title was ever used by the apostles , evangelists , jewes , to expresse the emperour by , but that of caesar , not this of king. therefore peters text , speaking onely of the king , not caesar , cannot be intended of the romane emperour , as ignorant doctors blindly fancie . fifthly , this epistle of peter ( the k apostle of the jews ) was written onely to the dispersed jews thorowout pontus , galatia , cappadocia , asia , and bythinia , pet. . . over whom herod at that time reigned as king , by the romane senates and emperours appointment , who had then conquered the jews , and made them a tributarie province , as is evident by matth. . , . mark . , , . luke . , , . chap. . . acts . . chap. . , , , , . chap. . . chap. . . to . compared together ; and by l josephus , the century writers , baronius , sigonius , and others . the king then here mentioned to be supreame , was herod , or king agrippa , or some other immediate m king of the jews , who was their supreame governour , not absolutely , but n under the romane senate and emperours , and made so by their appointment , whence called in the text ; an ordinance of man , not god : now this king of the jews ( as is evident by pauls appeal to caesar from festus and king agrippa , as to the soveraign tribunall ; acts . and . by josephus , philo judaeus de legatione ad caium , and the consent of all historians ) was not the absolute soveraigne power , but subordinate to the romane emperour and senate , o who both created , and bad power to controll , remove , and censure him for his misdemeanours ; yet peter calls him here supreame , because the highest governour under them , as we stile our kings p supreame governours under christ . therefore having a superiour governour and power over him , to which he was accountable and subordinate ; supreame in the text , cannot be meant , of a king absolutely supreame , having no power superiour to him , but god ; but onely relatively supreame , in respect of under-governours , there actually residing : whose supremacie being forcibly gained onely by conquest , not free consent ; ( and the ancient native * kings of the jews , being inferiour to their whole senates and congregations , and to do all by their advice , as josephus antiq. jud. lib. . cap. . . sam. . , . jer. . . . chron. . . to . attest ) will no way advantage our opposites , nor advance the prerogative of kings ; since it extends onely to the king of the jews that then was , who was not simply supream , but a subject prince subordinate to the romane state and empire , and one appointed by a conquerour , not freely chosen and assented to by the people . so as all the argument which can hence be extracted for the absolute soveraigntie and irresistibility of kings over their whole kingdomes and parliaments , is but this . the king of the jews was in peters time the supreame magistrate over that nation , by the romane senates and emperours appointment , to whom yet he was subordinate and accountable ; the romanes having conquered the jewes by force , and imposing this government upon them , without their consents . therefore the kings of england , and all other kings are absolute soveraigne monarches , superiour to their whole parliaments and kingdomes , collectively considered ; and may not in point of conscience be forcibly resisted by them , though they endeavour to subvert religion , laws , liberties : how little coherence there is in this argument , the silliest childe may at first discern . from these scriptures , i descend to reasons deduced from them , against resistance , which i shall contract into three arguments : the first is this ; x kings are the fathers , heads , lords , shepherds of the common-wealth ; ergo , they ought not to be resisted in any their exorbitant proceedings ; it being unlawfull , unseemly , for a son to resist his father ; the members the head ; the vassals their lord ; the flock their shepherd . to this i answer : first , they are fathers , shepherds , lords , heads , onely in an improper , allegoricall , not genuine sence ; therefore nothing can thence be properly inferred : they are and ought to be such in respect of their y loving and carefull affection towards their subjects ; not in regard of their soveraigne power over them : therefore when their tyrannie makes them not such , in regard of care and affection to their people ; their people cease to be such , in regard of filiall , naturall , and sheep-like submission : when these shepberds turn z wolves ; these fathers , step-fathers ; the subjects , as to this , cease to be their sheep , their children , in point of obedience and submission . secondly , if we consider the common-weal and kingdom collectively ; kings are rather their kingdoms children then parents , because * created by them , their publike servants , ministers , for whose benefit they are imployed , and receive a wages ; not their soveraigne lords ; their subordinate heads , to be directed and advised by them , not tyrannically to over-rule them at their pleasure : therefore paramount , and able in such cases to resist them . thirdly , parishioners may , no doubt , lawfully resist the b false doctrines and open assaults of their ministers , though they be their spirituall shepherds : citizens the violent oppressions of their maiors , though they be their politique heads : servants the unjust assaults of their masters , though their lawfull lords ; ( who may c not misuse their very villaines , by law : ) and if parents will violently assault their naturall children , husbands their wives , masters their servants , to murther them without cause , they may d by law resist , repulse them with open force . fourthly , a son who is a judge , may lawfully resist , imprison , condemne his naturall father ; a servant , his lord ; a parishioner his pastour ; a citizen his major ; a meer gentleman , the greatest peer or lord , as experience proves ; because they do it in another capacity , as judges and ministers of publike justice , to which all are subject . the parliament then in this sence , as they are the representative body of the realm , not private subjects , ( and their armies by their authority ) may , as they are the highest soveraign power and judicature , resist the king and his forces , though he be their father , head , shepherd , lord , as they are private men . fifthly , this is but the common exploded argument of the popish clergy , to prove themselves superiour to kings , and exempt from all secular jurisdiction , because they are spirituall fathers , pastors , heads to kings ; who ought to obey , not judge , and censure them , as e archbish . stratford , and others argue . but this plea is no ways available to exempt clergy men from secular jurisdiction ; from actuall resistance of parties assaulted , nor yet from imprisonment , censures , and capitall executions by kings and civill magistrates , in case of capitall crimes ; therefore by like reason it can not exempt kings from the resistance , censures of their parliaments , kingdoms , in case of tyrannicall invasions . we deride this argument in papists as absurd , as in sufficient to prove the exemption of clergy men : i wonder therefore why it is now urged to as little purpose , against resistance of tyrants , and oppressing kings and magistrates . the second reason is this , f the invasions and oppressions of evill kings and tyrants , are afflictions and punishments inflicted on us by god : therefore we ought patiently to submit unto them , and not forcibly to resist them . i answer ; first , the invasions of forraign enemies are g just judgements , and punishments sent upon men by god ; as were the invasions of the h danes , saxons and normans in england , heretofore ; of the spaniards since . ergo , we ought not to resist or fight against them . the present rebellion of the papists in ireland is a just punishment of god upon this kingdom and the protestant party there ; ergo , neither we , nor they ought in conscience to resist or take arms against them . every sicknesse that threatens or invades our bodies , is commonly an affliction and punishment sent by god : ergo , we must not endeavour to prevent or remove it by physick , but patiently lye under it without seeking remedy . injuries done us in our persons , estates , names , by wicked men , who assault , wound , rob , defame us , are from h god , and punishments for our sins : ergo , we may not resist them : yea , subjects rebellions , treasons , and insurrections , against their princes many times , are punishments inflicted on them by god , displeased with them , as the statute of ed. . c. . resolves , and the i scripture too : ergo , kings ought not to resist or suppresse them by force of arms ; if all these consequences be absurd , and idle , as every man will grant , the objection must be so likewise . i read , that in the * persecution of the hunnes , their king attila being demanded of by a religious bishop , of a certain citie ? who he was ? when he had answered ; i am attila , the scourge of god : the bishop reverencing the divine majesty in him ; answered , thou art welcome ô minister of god ; and ingeminating this saying ; blessed be he that cometh in the name of the lord , opened the church door , and let in the persecutor , by whom he obtained the crown of martyrdom , not daring to exclude the scourge of the lord ; knowing , that the beloved sonne is scourged , and that the power of the scourge it self is not from any , but god. will it hence follow ? that all christians are bound in conscience to do the like , and not to resist the barbarous turks , if they should invade them ; no more then this bishop did the bloudy pagan hunnes , because they are gods wrath ? i trow not . one swallow makes no summer ; nor this example , a generall president to binde all men . the third reason is this , saints forcible resistance of tyrants , begets civill warres , great disorders , and k many mischiefs in the state : ergo , it is unlawfull , and inconvenient . i answer , first , that this doctrine of not resisting tyrants in any case , is farre more pernicious , destructive to the realm then the contrary ; because it deprives them of all humane means , and possibilities of preservation ; and denies them that speciall remedy which god and nature hath left them for their preservation : laws , denyall of subsidies , and such like remedies prescribed by doctor ferne , being no remoraes or restraints at all to armed tyrants ; wherefore i must tell thee doctor , theologorum utcunque dissertissimorum sententiae , in hac controversia non sunt multo faciendae , quia quid sit lex humana ipsi ignorant , as vasquius controvers . illustr . . . . determines . secondly , the knowledge of a lawfull power in subjects to resist tyrants , will be a good means to keep princes from tyrannicall courses , for fear of strenuous resistance ; which if once taken away , there is no humane bridle left to stay the inundation of tyranny in princes or great officers ; and all weapons , bulwarks , walls , lawes , armes will be meerly uselesse to the subjects , if resistance be denyed them , when there is such cause . thirdly , resistance only in cases of publike necessity , though accompanied with civill warre ; serves alwayes to prevent farre greater mischiefs then warre it self can produce , it being the only antidote to prevent publike ruine , the readiest means to preserve endangered , to regaine , or settle lost liberties , laws , religion , as all ages witnesse ; and to * prevent all future seditions and oppressions . fourthly , desperate diseases , have alwayes desperate remedies , malo nodo , malus cuneus : when nothing but a defensive warre will preserve us from ruine and vassalage ; it is better to imbrace it , then hazard the losse of all , without redemption . ex duobus malis minimum . all kingdoms , states in cases of necessity , have ever had recourse to this as the lesser evill ; and why not ours as well as others . the last ( and strongest objection as some deem it ) is the sayings if some fathers backed with the examples of the primitive christians , to which no such satisfactory answer hath hitherto been given , as might be . the first and grandest objection against subjects forcible resistance , and defensive warre , is that speech of saint ambrose , lib. . orat. in auxentium . coactus repugnare non audeo : dolere potero , potero flere , potero gemere : adversus arma , milites , gothos , lachrymae meae arma sunt : talia sunt munimenta sacerdotum : a liter nec debeo , nec possvm resistere . this chiefe authoritie , though it makes a great noise in the world , if solidly scanned , will prove but brutum fulmen ; a meer scar-crow and no more . for first , ambrose in this place speaks not at all of subjects resisting their princes , or christians forcible resisting of the persecuting romane emperours ; but of resisting valentine , and the arms and souldiers of the gothes , who at that time l over ran italy , and sacked rome , being mortall enemies to the romans , the roman emperours , saint ambrose , and millain where he was bishop . this is evident by the expresse objected words : i can grieve , i can weep , i can mourn , ( to wit for the wasting of my native country italy , by the invading enemies the gothes : ) against armes , souldiers , gothes ( marke it ) my tears are weapons , &c. if any sequell can be hence properly deduced , it must be that for which the m anabaptists use it ( from whence our opposites , who tax the parliaments forces for anabaptists , when themselves are here more truly such , and fight with this their weapon . ) that it is unlawfull for christians to fight , or make so much as a defensive warre against invading forraign barbarous enemies , of whom this father speaks : and then if the irish rebels , danes , spaniards , french , should now invade england , both against the kings and kingdoms wills , we must make no forcible resistance at all against them with arms in point of conscience , but onely use prayers and teares . this is the uttermost conclusion which can properly be hence deduced ; which our antagonists will confesse to be at least erronious , anabaptisticall , if not hereticall . secondly , you must consider who it was that used this speech ; ambrose , a minister , then bishop of millain ; who by reason of this his function being an ambassadour of peace ; had his hands bound from fighting with any other weapons , even against invading forraign enemies , but only with the sword of the spirit , prayers and tears : and that his calling only , was the ground of this his speech ; is infallible by the latter clause thereof , which our opposites cunningly conceale . prayers are my armes : for such are the defensive armour of priests ; otherwise i neither ovght nor can resist : why so ? because he was a minister , a bishop ; and paul prohibites such to be strikers , tit. . . tim. . . and because priests under the law did but blow the trumpets , and never went out armed to the warres , josh . . upon which ground n divers councells , decretalls , canonists , expresly prohibit , and exempt priests and bishops , from bearing arms , or going to warre , though many of them have turned o great souldiers , and been slain in warres . hence anno , in a parliament held at bury , k. h. d. and ottobon the popes legat , demanded of all the bishops and clergy men , holding barronies or lay-fees , that they should go personally armed against the kings enemies , or finde so great service in the kings expedition , as appertained to so much lands and tenants . to which they answered , that they ought not to fight with the materiall sword ; ( no not against the kings enemies ) but with the spirituall ; to wit , with humble and devoute tears and prayers , ( using these words of ambrose : ) and that for their benefices they were bound to maintain peace , not warre . hence our king q richard the first , taking the bishop of beauvoyes in france , his great enemy , armed from top to toe , prisoner in the field ; commanded him to be strictly kept in prison in his arms , and would by no means suffer him to put them off : for which hard usuage he complained to the pope , and procured his letter to king richard to free him from his arms and restraint ; in which letter , the pope sharply reproves the bishop for preferring the secular warfare before the spirituall , in that he had taken a speare insteed of a crosier ; an helmet in liew of a miter ; an habergion insteed of a white rochet ; a target in place of a stole ; an iron-sword , insteed of a spirituall sword . after which , the king sent his arms with this message to the pope : see whether this be thy sonnes coat or not ? which the pope beholding , answered ; no by saint peter . it is neither the apparell of my sonnes , nor yet of my brethren , but rather the vesture of the sonnes of mars . and upon this ground r our bishops anciently , when members of parliament , departed the house when cases of treason or felony came in question , because they might not by the canons , have their hands in bloud . this then being ambrose his direct words and meaning , that he neither ought , nor could use any other weapons against the invading gothes , and their forces , but prayers and tears ; * because he was a minister , not a bishop , a lay-man ; the genvine argument that our opposites can thence extract , is but this . priests must use no other defensive arms , but prayers and tears , against invading forraign enemies . ergo , the priests and ministers in his majesties armies , who bear offensive arms , must now in conscience lay them down , and use no other resistance , but prayers and tears against the parliaments forces : where as their former inference against resistance : ergo , it is altogether unlawfull for the parliament , or any lay-subjects by their command , to defend religion , laws , liberties , against his majesties invading forces , who intend by force to subvert them ; is but ridiculous nonsence , which never once entred into this fathers thoughts , and can never be extorted from his words . ministers of the gospel must not use any arms , but prayers and tears to resist a forraigne enemy : ergo , none else may lawfully use them to withstand an invading adversary ; is a conclusion fitter for anabaptists then royallists , who may now with shame enough , for ever bid this authority adieu ; with which they have hitherto gulled the ignorant world : and henceforth turn it against the commission of array , enjoyning bishops , and clergy men , to array and arme themselves as well as other men , as the presidents cited in judge cooke his argument against ship-money ; in the parliaments two declarations against the commission of array ; and in the answer published in the kings name , to the first of them , plentifully evidence . finally , hence i infer , that clergy men may , and must fight against their invading enemies with prayers , tears , the weapons which they may lawfully use as proper for their callings . ergo , lay-men may , and must resist , and fight against them with corporall arms , since they are as proper for them in cases of needfull defence , as these spirituall arms are for priests . the second authority is that of s nazienzen . oratio . . in julianum . repressus of julianus christianorum lachrymis , quas multas multi profuderunt . hoc vnvm or solum ( as grotius translates it ) adversus persecutionem medicamentum habentes : to which i shall adde by way of supply this other passage . nos autem ; quibus nvlla alia arma , nec muri , nec praesidia , praeter spem in deum , reliqua erant : vtpote omni hvmano svbsidio prorsvs destitvtis et spoliatis , quem tandem alium aut precum auditorem , aut inimicorum depulsorem habituri eramus , quam deum jacob , qui adversus superbiam jurat . from whence they conclude , that christians must use no other weapons but prayers and tears , against tyrants and oppressors . to which i answer . first , that it is cleare by this , that christians may use prayers and teares against tyrants and oppressors . secondly , that these are the most powerfull prevailing armes both to resist and conquer them . this the opposites readily grant . therefore by their own confession , christians both may and must resist tyrants by the most powerful & effectual means that are . tyrants therefore are not the higher powers , kings , rulers , which paul and peter in the fore-objected texts , enjoyne men under paine of damnation to be subject and obedient to for conscience sake , and no waies to resist ; since they may resist them with the powerfullest armes of all others , prayers and teares . thirdly , if they may be lawfully resisted with these most prevailing armes notwithstanding pauls & peters objected inhibitions , then à fortiori they may be with corporall , which are lesse noxious and prevalent ; he that may with most successeful meanes resist , vanquish , and overcome his tyrannizing oppressing soveraigne , may likewise doe it by the lesse noxious armes . if christians may repulse and subdue a tyrant with their prayers , teares , then why not with their swords ? doth god or the scripture make any such distinction , that we may and must resist them under paine of damnation , with these kind of weapons ; and shall it be no lesse then treason , rebellion , damnation to resist them with the other ? what difference is there in point of allegiance , loyalty , treason , conscience , to resist an oppressing tyrannizing prince and his forces with a praier , or with a sword ? with a teare , or with a speare ? are they not all one in substance ? by the statutes of h. . c. . e. . c. . e. . c. . eliz. c. . eliz. c. . words against the king delivered even in preaching , are made and declared to be high treason , as wel as bearing armes , and striking blowes ; yea , the statute of & ph. & ma. c. . makes certaine prayers against this persecuting queen , high treason ; and by the statute of e. . c. . it is high treason for any man to compasse or imagin the death of the king , queen , prince , t as wel as to slay or leavy warre against them . if then we may , by the objectors confession , the practises and examples of the primitive christians , against iulian and others , fight with our tongues , prayers , teares , imaginations against our soveraignes , who turne tyrants and persecutors ; and thereby suppresse , conquer , confound them , of which none make scruple , though our statutes make it no lesse then high treason in some cases ; then questionlesse they may by the selfe same reason and ground , resist them with open force , notwithstanding any inhibition in scripture . we may not , must not resist any lawful king or magistrate in the just execution of his office , so much as with a repugnant wil , thought , prayer , teare : we may , yea must resist an oppressing , persecuting tyrant with all these ; therefore with any other armes , meanes v . hezekiah , david , moses , abijah , asa , resisted their invading enemies , and conquered them with their prayers ; but yet they provided to repulse and vanquish them with other externall armes . the christians resistance and vanquishing their emperour iulian with the one , is an infallible argument , they might doe it with the other too , there being no such distinction in the objected scriptures , that we may fight against and resist them with our prayers , teares , not armes . fourthly , this father saith not , that it was unlawful for the christians to use any other weapons but teares against iulian , the onely thing in question . no such syllable in the oration , but onely , that they had no other armes to resist and conquer him with , being utterly destitute and spoyled of all other humane helpe . therefore their want of other armes and helpe , * not the unlawfulnesse of using them , had they had them , was the onely ground they used prayers and teares , not armes . to argue then , those who are destitute of all armes , but prayers and teares , must use them onely : ergo those who have other armes besides prayers and teares , may not lawfully use them to resist a tyrant , is but scholastical nonsence ; yet this is the very uttermost this authority yeelds our opposites . in one word , this father informes us , that this apostate emperour x iulian , would not make open warre at first upon the christians , because this would altogether crosse the end he aimed at : ( marke the reason ) nos enim , si vis inferatur , acriores obstinatioresque futuros , ac tyrannidi obnixum pietatis tuendae studium objecturos cogitavit . solent enim fortes & generosi animi , ei qui vim afferre parat contumaciter obsistere , non secus ac flamma , quae a vento excitatur , quo vehementius perflatur , eo vehementius accenditur . which argues , that the christians would have forcibly resisted him , had he at first with force invaded them ; therefore he weakened , subdued , disarmed them first by policy ; and then fell to persecute them with force , when they had no meanes of resistance left . the third authority is that of y bernard , epist . . to king lewis of france , quicquid vobis de regno vestro , de animâ & coronâ vestrâ facere placeat , nos ecclesiae filii , matris injurias , contemptum , & conculcationem omnino dissimulare non possumus . profecto stabimuset pugnabimvs usque ad mortem ( si ita oportuerit ) pro matre nostrâ armis quibus licet , non scutis & gladiis , sed precibus et fletibus ad deum . therefore it is unlawfull for christians to resist with force of armes . i answer first , bernard was both a monke and clergie-man , prohibited by scripture and sundry canons to fight with military armes against any person or enemy whatsoever ; and he utters these words of himselfe , as he was a clergie-man , servant , and sonne of the church ; in the selfesame sence as saint ambrose did before . it was then onely his calling , not the cause which prohibited him forcibly to resist king lewis . secondly i answer , that this authority is so farre from prohibiting resistance of oppressing princes , endeavouring with force of armes to subvert liberties , lawes , religion ; that it is an unanswerable proofe for it , even in our present case : king lewis to whom bernard writes , had then raised a civil warre in his realme against theobald and others who desired peace ; which the king rejecting , bernard doth thus reprehend him in the premisses . verum vos nec verba pacis recipitis ; nec pacta vestra tenetis , nec sanis consiliis acquicscitis . sed nescio quo dei judicio , omnia vobis ita vertitis in perversum , ut probra honorem , honorem probra ducatis ; tuta timeatis , timexda contemnatis ; & quod olim sancto & glorioso regi david , ioab , legitur exprobrasse ; diligitis eos qui vos oderunt , & odio habetis qui vos diligere volunt . neque enim qui vos instigant priorem iterare maliciam adversus non merentem , quaerunt in hoc honorem vestrum , sed suum commodum , imò nec suum commodum , sed diaboli voluntatem ; ut regis ( quod absit ) potentiam concepti furoris habeant effectricem ; quem suis se posse adimplere viribus non confidunt ; inimici coronae vestrae , regni manifestissimi perturbatores . ( our present case , in regard of the kings evil seduding counsellors . ) then immediately followes the objected clause , at quicquid vobis , &c. after which he gives him this sharpe reproofe . non tacebo quod cum excommunicatis iterare faedus & societatem nunc satagis , quod in necem hominum , combustionem domorum , destructionem ecclesiarum , dispersionem pauperum , raptoribus , predonibus ( sicut dicitur , adhaeretis ; juxta illud prophetae z si videbas furem currebas cum eo , &c. quasi non satis per vos mala facere valeatis . dico vobis , non erit diu inultum , si haec ita facere pergitis , &c. here this holy man prohibited by his orders to fight against this king , his soveraigne with his sword ; fights strongly against and resists his violence with his penne. and although he may not use a sword and buckler in respect of his calling to defend his mother the church against him : yet he is so farre from yeelding obedience to and not resisting him , according to pauls and peters pretended injunctions , that he expresly tels him to his face , that he would stand and fight against him even unto death ( if there were need ) with such weapons as he ( being a monk and minister ) might use , to wit , with prayers and teares , though not with sword and buckler ; which were more prevalent with god against him then any other armes . so that he resists him in the very highest straine that may be ; and clearely admits , that lay-men who might lawfully use swords and bucklers , might with them justly defend the church in standing and fighting for it against him even to death , as well as he might doe it with prayers and teares , his proper armes : which answers that objection out of his . epistle , written to the same king ; and his epistle to conrade king of romans ; where he subjects these kings to the pope , whom he adviseth them to obey ; and reprehends them for their misdemeanours , notwithstanding that text of rom. which he there recites . the fourth authority , is the example of the primitive christians , who submitted themselves willingly to their persecuting emperours ; without resistance in word or deed . for proofe whereof , severall passages are recited out of fathers , which i shal conjoyne : the first is out of tertullian his apologeticus . quoties enim in christianos d●saevitis , partim animis propriis , partim legibus obsequentes ? quoties etiam praeteritis à vobis suo jure nos inimicum vulgus invadit lapidibus & incendiis ? ipsis bacchanalium furiis , nec mortuis parcunt christianis , quin illos de requie sepulturae , de asylo quodam mortis , jam alios , jam nec totos avellant , dissecent , distrahant ? quid tamen de tam conspiratis unquam denotatis , de tam animatis ad mortem usque pro injuria repensatis ? quamvis vel una nox pauculis faculis largitatem ultionis posset operari , si malum malo dispurgi , penes nos liceret . sed absit ut aut igni humano vindicetur divina secta ; aut doleat pati , in quo probatu● . si e●im in hostes exortos non tantum vindices occultos agere vellemus , de●sset nobis vis numerorum & copiarum ? plures nimirum mauri & marcomanni , ipsique parthi , vel quantaecunque , unius tamen loci & suorum finium gentes , quàm totiùs orbis ? externi sumus & vestra omnia implevimus , urbes , insulas , castella , municipia , conciliabula , castra ipsa , tribus , decurias , palatium , senatum , forum , sola vobis relinquimus templa . cui bello non idonei , non prompti fuissemus , etiam impares copiis , qui tam libenter trucidamur ? si non apud istam disciplinam magis occidi liceret , quam occidere . potuimus & inermes , nec rebelles , sed tantummodo discordes solius divortii invidia adversus vos dimicasse . si enim tanta vis hominum , in aliquem orbis remoti sinum abrupissemus semus â vobis , suffudisset utique damnationem vestram tot qualiumcunque amissio civium , imò etiam & ipsa institutione punisset : proculdubio expavissetis ad solitudinem vestram , ad silentium rerum , & stuporem quendam quasi mortui urbes quaesissetis quibus imperaretis . plures hostes , quàm cives vobis remanisissent , nunc enim pauciores hostes habetis prae multitudine christianorum , penè omnium civium . which s. cyprian ( tertullians imitator ) thus seconds , laedere dei & christi servos persecutionibus tuis desine , quos laesos ultio divina defendit . inde est enim quod nemo nostrum quando apprehenditur , reluctatur , nec se adversus injustam violentiam vestram quamvis nimius & copiosus noster sit populus , ulciscitur . patientes facit de secutura ultione securitas . innocentes nocentibus cedunt . insontes poenis & cruciatibus acquiescunt , certi & fidentes , quod in ultum non remaneat , quodcunque perpetimur , quantoque major fuerit persecutionis injuria , c tantò & justior fiat & gravior pro persecutione vindicta . which lactantius thus trebles . confidimus enim majestati ejus qui tam contemptum sui possit vlcisci , quam servorum suorum labores & injurias . et ideo cum tam nefanda perpetimur , ne verbo quidem reluctamur , sed deo remittimuus ulti●n●s . d saint angustine relates the same in these words , neque tunc civitas christi quamvis ad huc peregrinaretur in terra , & haberet tam magnorum agmina populorum , adversus impios persecutores , pro temporali salute pugnavit , sed potius ut obtineret aeternam , non repugnavit : ligabantur , includebantur , caedebantur , torquebantur , urebantur , laeniabantur , cruciabantur , & multiplicabantur . non erat iis pro salute pugnare , nisi salutem pro salute contemnere . the summe of all these fathers sayings ( which i have largely cited , because i would conceale nothing that might be materially objected ) is this : that the christians in the primitive church , though they were many in number , and sufficiently able to defend themselves against their persecuters by force of armes , did yet refuse to doe it , yeelding themselves up to any tortures , punishments , deaths , without the least resistance in word or deed ; ergo , the parliament and kingdome ought now to make no resistance at all against the kings popish army and cavaliers , but to expose themselves to their cruelties and rapines , without the least resistance in word or deed . because this objection stickes most with many schollars , statists , and tender consciences , i shall endeavour to give a satisfactory answer to it , without any shifting evasions , or questioning the truth of tertullians , and cyprians assertions , concerning the multitude and strength of the christians , and their ability to resist , which some have taken e great paines to refute . first , then i say , that neither of all these fathers say , that the primitive christians held it unlawfull , muchlesse damnable , in point of conscience for them to resist their persecuting enemies , no such syllable in any of them . and tertullians , si non apud istam disciplinam magis occidi licet quam occidere , by way of necessary defence , implies no such thing , but rather proves the contrary , that resistance is lawfull , because it is lawfull to be slaine as a martyr ; therefore in this case to slay . so as there is nothing in these authorities in point of conscience to condemne the parliaments present resistance , and defensive warre , as unlawful : secondly , they all seeme to grant , that the christians deemed resistance even by force of armes to be lawfull for them , though they used it not ; no text of scripture prohibiting , but allowing it , and these fathers producing no one text which truly condemnes it ; this being the very summe of their words . that though 〈◊〉 christians were exceeding many in number , of strength and power abundantly sufficient to defend themselves in a warlike manner against their persecuters , and had full liberty and no restraint upon them in point of conscience either to withstand their persecutors with armes , or to withdraw themselves from under the jurisdiction of their persecuters into remote parts , to the great weakning and losse of the state : yet such was their patience , innocency , and desire of martyrdome , that they resisted not their adversaries with force , nor retired , nor fled away from under their obedience , but cheerfully without the least resistance by word , deed , or thought , yeelded up their bodies , liberties , lives , to the cruelties of their enemies , to obtaine that crowne of martyrdome which they desired , and to offer up themselves a voluntary freewill oblation to the lord , who would certainly avenge all their wrongs . this is the sum of all these authorities , which evidence resistance lawfull in it selfe , and to these christians too in their owne judgements and resolutions , though the desire of martyrdome made them freely to forbeare it . these examples and authorities therefore abundantly corroborate , and no wayes impeach our cause . thirdly , their examples of not resisting persecuters , being rather voluntary , then enjoyned , out of a longing desire to be martyrs , and an assurance of divine vengeance to be executed on their persecuters , is no restraint nor ground at all for other christians , now not to use any forcible resistance , it being a grosse inconsequent to argue : the primitive christians voluntarily refused to defend themselves with force of armes against their persecuters , though they were not bound in point of conscience from such resistance , and had both liberty and power to resist . ergo , christians in point of conscience ought not to make any forcible resistance against oppressing lords and persecuters now : for then this their voluntary choice and election should deprive all following christians of that ability of defence which both themselves then had , and since enjoy by gods and natures law. yet this is all the argument which can be ingeniously framed from these authorities and examples ; the absurdity whereof i shall thus further illustrate from like precedents : we know , first , that f the primitive christians , out of a desire of martyrdome , not only refused to resist , but to flee away from their persecuters , when they might safely doe it ; some of them holding it unlawfull and dishonourable to flee in such a case ; by name tertullian , in his booke de fuga in persecutione . will our opposites from hence inferre : ergo , it is unlawfull for christians not onely to resist , but even to flee from their persecuters , or his majesties murdering , plundering forces ? or for them selves to flee , not onely from the parliaments forces , but justice too , as many of them have done , yea , made escapes against law to flee therefrom . if the christians not fleeing , binde neither them , nor us , not to flee now , why should their not resisting onely doe it ? secondly , g the primitive christians ran to the stake of martyrdome , when they were neither accused , cited , persecuted by any , freely confessing themselves christians , and rather desiring presently to die martyrs , then live christians , and reputing is worse then death not to be admitted to , or delaied the honour of being martyrs , of which we have infinite presidents in ecclesiasticall histories commonly known and over-tedious to recite . i shall onely instance in julian the apostates h christian souldiers : who being over-reached by him under colour of a largesse , to throw some frankincense into a fire secretly kindled by the emperour in honour of an idol , they dreaming of no such thing , and doing it onely as 〈◊〉 〈◊〉 plementall ceremonie ; as soon as they heard how the emperour had over-reached them , and given out speeches that they had sacrificed to his idol , presently rising from the feast prepared for them , in a fury , inflamed with zeale and wrath , ran through the market place , and cried out openly , wee are christians , wee are christians in minde ; let all men heare it , and above all , god , to whom we both live and will also die . o christ our saviour , we have not broken our faith plighted to thee : if our hand hath any way offended , verily our minde followed it not at all ; we are circumvented by the emperours fraud with whose gold we are wounded . we have put off impiety , we are purged by blood . after which , posting speedily to the emperour , and casting away their gold , with a generous and strenuous minde they exclaimed against him in this manner . o emperour , we have not received gifts , but are damned with death . we are not called for our honour , but branded with ignominie . give this benefit to thy souldiers , kill and behead us unto christ , to whose empire onely we are subject . recompence fire for fire ; for those ashes reduce us into ashes . cut off the hands which we have wickedly stretched out ; the feet wherewith we have perniciously run together . give gold to others , who will not afterwards repent they have received it ; christ is enough , and more then sufficient unto us , whom we account in stead of all . the emperour enraged with this speech , refused to slay them openly , lest they should bee made martyrs , who as much as in them lay were martyrs ; but onely banished them , revenging this their contempt with that punishment . will it then follow from these memorable examples , that all true christians now in england and ireland must come thus and offer themselves voluntarily to the popish rebels and forces ( now in arms to extirpate the protestant religion in both kingdoms ) or that the members of both houses must go speedily to oxford to the king and his evill counsellors , and there let them kill , hang , burne , quarter , slay , execute , torture them , subvert religion , laws , liberties , parliaments , without the least resistance ? or will our opposites hence conclude ( as they may with better judgement and conscience doe ) ergo , all such persons voted traitors and delinquents in any kinde by both houses of parliament , ought now in point of conscience ( to avoid the effusion of blood and ruine of the realm , through the civill warres they have occasioned ) to lay down their arms , and voluntarily resigne up themselves to the impartiall justice of the parliament , without any the least resistance for the future : if no such doctrinall , or practicall conclusions may be drawne from these their precedents of voluntary seeking and rendring themselves up to the martyrdome of their opposites ; then the unlawfulnesse of resisting cannot be inferred from this their non-resisting . thirdly , how many cowardly souldiers in all ages , and in this too , have voluntarily yeelded up forts , castles , ships , armes , persons , to their invading approaching enemies without fight or resistance ? how many persons have resigned up their purses to high-way theeves , their lands to disseisors , their houses , goods to riotors , their ships , estates , persons , to turkish and other pirats , without any resistance , when they might have lawfully and easily preserved them by resisting ? will it therefore follow , that all others must do so ? that we must not sight against invading enemies , theeves , pirats riotors , because many good christians out of fear or cowardise , or for other reasons have not done it in all ages ? i ●ow not . will the jews refusi●g three s or four severall times to defend themselves against their insulting enemies on their sabbath ; or the t gothes not resisting their invading foes on the lords day ; or will the alexandrian jewes example and speech to flaccus , u inermes sumus ut vides , & tamen sunt qui nos tanquam hostes publicos hic criminantur . etiam eas quas ad nostri tutelam partes dedit natura , re●rò vertimus ubi nihil habent quod agant , corpora praebemus nuda & patentia ad impetum eorum qui nos volunt occidere . or that example of the christian x theban legion , slain without the least resistance for their religion : who as an ancient martyriologer saith , caed●bantur passim gladiis non reclamantes , sed & depositis armis cervices persecutoribus vel intectum corpus offerentes : warrant this deduction . ergo , no christians now must resist their invading enemies on the sabbath day , but must offer their naked bodies , heads , throats , unto their swords and violence ? if not , then these examples and authorities will no wayes prejudice our present resistance . fourthly , the christians not onely refused to resist their oppressing emperours and magistrates , who proceeded judicially by a kinde of law against them , but even the vulgar people , who assaulted , stoned , slew them in the streets against law , as tertullians words , quoties enim praeteritis à vobis suo jure nos inimicum vulgus invadit lapidibus & incendiis , &c. manifest without all contradiction ; and indeed this passage so much insisted on , relates principally , if not onely to such assaults of the rude notorious vulgar , which every man will grant the christians might lawfully with good conscience forcibly resist , because they were no magistrates nor lawfull higher powers within rom. . . . or pet. , , . either then our antagonist must grant , that it is unlawfull in point of conscience forcibly to resist the unlawfull assaults and violence of the vulgar or private persons who are no magistrates : and that it is unlawfull now for any christians to resist theeves , pirats , or beare defensive armes , as the y anabaptists ( from whose quiver our antagonists have borrowed this and all other shafts against the present defensive warre ) and so make the primitive christians all anabaptists in this particular : or else inevitably grant resistance lawfull , notwithanding their examples and these passages of not resisting . the rather , because tertullian in the next preceding words , puts no difference at all between the emperour and meanest subjects in this case ; idem sumus ( saith he ) imperatoribus , qui & vicinis nostris malè enim velle , malè facere , malè dicere , malè cogitare de quoquam ex aequo vetamur . quodcunqne non licet in imperatorem id n●c in quenquam . fifthly , admit the christians then deemed all forcible resistance of persecuters simply unlawfull in point of conscience , as being a thing quite contrary to christian profession and religion ; then as it necessarily proves on the one side , that even christian kings , princes , magistrates , must in no wise forcibly resist the tumultuous rebellions , insurrections , and persecutions of their subjects , because they are christians as well as rulers , and in this regard equally obliged with them not to resist with armes ; much lesse then their parliaments forces lawfully raised for the publike defence . so on the contrary part it follows not , that therefore resistance is either unlawfull in it selfe , or that the parliaments present resistance is so . for first , such resistance being no where prohibited ( as i have formerly proved ) their bare opinion , that it was unlawfull to them , cannot make it so to them , or us in point of conscience , since god hath not made or declared it so . secondly , the primitive christians held many things unlawfull in point of conscience , which we now hold not so . z tertullian and others informe us , that the christians in his time thought it a hainous sinne ( nefas ) to pray kneeling on the lords day , or between easter and whitsontide ( and so by consequence to kneele at the sacrament ) praying alwayes standing on those dayes in memory of christs resurrection . which custome was ratified also by many a councels : yet then it was lawfull no doubt in it selfe for them to pray kneeling , and we all use the contrary custome now . the christians then held it unlawfull , to eat blood in puddings , or any other meats , as b tertullian , c minucius felix testifie , and many d councels expressely prohibited it since , as unlawfull : yet all churches at this day deem it lawfull , and practise the contrary . the christians in tertullians dayes , and he himselfe in a speciall book , de fuga in persecutione , held it unlawfull to flee in times of persecution , and therefore they voluntarily offered themselves to martyrdome without flight or resistance . yet we all now hold flying lawfull , and all sorts practise it as lawfull ; yea many more then they ought to doe . i might give sundry other instances of like nature : the christians opinion therefore of the unlawfulnesse of any armed resistance of persecuters publike or private ( held they any such ) though seconded with their practice , is no good argument of its unlawfulnesse , without better evidence , either then , or at this present . thirdly , the case of the primitive christians and ours now is far different ; the emperours , magistrates , and whole states under which they then lived were all pagan idolaters , their religion quite contrary to the laws and false religions setled in those states : there were many e laws and edicts then in force against christian religion , unrepealed : most professors of religion were of the lowest ranke , f not many wise , noble , mighty men , scarce any great officer , magistrate , or senator , was of that profession , but all fierce enemies against it : for christians , being but private men , and no apparant body of a state , to make any publike forcible resistance in defence of religion against emperours , senators , magistrates , lawes , and the whole state wherein they lived , had neither been prevalent nor expedient ; a great hinderance and prejudice to religion , and as some hold , unlawfull . but our present case is far otherwise ; our king , parliament , state , magistrates , people , are all christians in externall profession , our protestant religion established , popery excluded , banished by sundry publike lawes ; the houses of parliament , and others now resisting , are the whole body of the realme in representation , and have authority , even by law , to defend themselves and religion against invading popish forces : in which regards our present resistance is , and may cleerly bee affirmed lawfull , though the primitive christians , in respect of the former circumstances , might not be so . secondly , their resistance , ( especially of the magistrates not vulgar rabble ) if made , had been onely , singly for defence of their religion then practised but in corners , publikely condemned , no where tolerated : our present war is not onely for defence of our religion established by law , and to keep out popery , but for the preservation of laws , liberties , the very essence of parliaments , the safety of the realme , and that by authority of parliament , the representative body of the realme . the parliaments defensive warre , therefore , upon these politicke grounds is just and lawfull , though the primitive christians , perchance in defence of religion onely , as its case then stood , would not have been so : even as the roman senators and states resisting of nero , or any other tyrannicall emperors violations of the laws , liberties , lives , estates of the senate , people , were then reputed just and lawfull , though the christians defence of religion would not have been so esteemed in those times . and thus i hope i have satisfactorily answered this objection without shifts or evasions , and rectified these mistaken fathers meanings , with which our opposites have seduced the illiterate over-credulous vulgar . i have now ( through gods assistance ) quite run through all obiections of moment from scripture , reason , fathers , against the lawfulnesse of the parliaments present defensive war , and discovered divers grosse errors , yea , impostures in our opposites writings , wherewith they have perverted many mens consciences , and cheated the ignorant seduced world : i shall therefore here advise them in the presence of almighty god , as they will answer the contrary before his tribunall at the day of iudgement , seriously to consider these my answers , and publikely to retract those their errors , false grosse mis-interpretations , perversions of scriptures , authors , which i have here discovered . and since they pretend nothing but their satisfying and keeping of a good g conscience in & by others , concerned in this controversie ; to shew a syncere ingenuous conscience therein themselves where they have been mistaken , since the contestation pretended , is not for victory , time-serving , or self-seeking ; but for truth , gods glory , and the publike weal : and if i have over-shot my self in any thing , i shall promise them a thankfull acknowledgement , and ready palinedy upon their information and conviction of any apparent oversights , i may casually fall into . now because they shall not deem me singular in my opinion concerning the lawfulnesse of subjects defensive arms against their soveraigns , bent to subvert religion , laws , liberties , the republike , or deem it is a late upstart novelty , i shall conclude this discourse with such personall , naturall and publike authorities , as they shall not be able to balance with counter-resolutions ; in which i shall be as brief as i may be . for personall authorities , i shall not be ambitious to remember many , especially papists , whose common , constant received opinion , and practise hath alwayes been and yet is , h that subjects upon the popes command alone , and absolution of them from their soveraigns allegiance , may and ought to take up even offensive arms against their owne naturall princes excommunicated , interdicted , deposed , or onely declared contumacious , schism●ticall or hereticall by the pope , without , yea , against their kingdoms , parliaments privities or consents , much more then with their approbation . what papists have determined and practised in this very point you may read at large in gratiau himself causa . . quaest . . and causa . . in the very oath of supremacie , and statut. of . iacobi , ch . . which prescribes it , in bishop iewels view of a seditious bull , in doctor iohn white his defence of the way , chap. . & . in abbas vspergensis , sabellicus , valateranus , grimston and others , in the lives of the roman and german emperours ; in aventinchis annalium boyorum , the generall and particular histories of france , spain , germany , italy , sicily , hungary , england ; in bishp bilsons third part of the true difference between christian subjection and unchristian rebellion . in sundry sermons on the fift of november , to which i shall refer you : in pope paschal his letter to robert earl of flanders , about the year of our lord , . exorting him to war against those of leige , henry the emperour and his assistants , wheresoever he should finde them , excommunicated and deposed as an heretike and enemy to the church ; telling him , that he could not offer a more gratefull sacrifice to god , then to ware against them ; concluding , hoc tibi & militibus this in peccatorum remissionem , & apostolicae sedis familiaritatem praecipimus , ut his laboribus , & triumphis ad coelestem hierusalem , domino praestante , pervenias : which letter was excellently answered by those of leige . and in the * councel of towres in france , under lewes the twelfth , anno . it was unanimously resolved by the church of france , that if the pope did make war upon temporall princes , in lands which they held not of the patrimony of the church , they might lawfully by force of arms resist and defend both themselves and other ; & not only repulse this injury , but likewise invade the lands of the church , possessed by the pope their notorious enemy , not perpetually to retain , but to hinder the pope from becomming more strong and potent by them , to offend both them and theirs . and that it was lawfull for such princes , for such notorious hatred and unjust invasion to withdraw themselves from the popes obedience , and with armed force to resist all censures denounced by the pope against them , their subjects and confederates , and that such sentences ought not to be obeyed , but are mear nullities in law , which obliege no man. yet i must inform you further in brief , that iohn maior a popish schoolman in lib. . sentent . ( as grotius writes ) affirms , that the people cannot deprive themselves of the power , not onely of resisting , but deposing kings in cases which directly tend to their destruction ; and that * iohn barclay , a late scottish priest , though a strenuous defendor of princes prerogatives , expresly averres , that if a king will altenate and subiect his kingdom to another , without his subiects consents , or be carried with atrue hostile minde , to the destruction of all his people , that his kingdom is thereby actually lost and forfeited , so as the people may not onely absolutely resist , and disobey , but depose him , and elect another king : to which k hugo gortius a protestant , freely subscribes ; and iohn bodin alloweth of subjects resistance , yea , deposing kings , insome kingdoms absolutely , and in some cases gener allyin all ; de repub. l. . c. . l. . c. & l. . c. . & . for protestant personall authorities ; we have huldericus zuinglius , explanatio articuli , , , , . tom. . fol. . to . who allows not only subiects actuall resistance , but deprivation of kings , where princes set themselves to subvert religion , laws , liberties ; and that by the common consent of the states in parliament , from whom kings originally receive their royall power and authority . martin luther , bugenhagius , iustus ionas , ambsdorfius , spaelotinus , melancthon , cruciger , and other divines , lawyers , statesmen , anno . who published a writing in justification of defensive arms by subjects in certains cases ; sleidan , hist . lib. . . . david chrytraus , chron. saxoniae , l. . p. . richardus dinothus de bello civili gallico religionis caeusasuscepto , p. . . . , &c. a book intituled , de iure belli , belgici , hagae , . purposely justifying the lawfulnesse of the low-countries defensive war. emanuel meteranus historia belgica , praefat. & lib. to . david paraeus , com. in rom. . dub. . and. quaest . theolog. . edward grimston his generall history of the netherlands , l. . to . passim . hugo grotius de iure belli & pacis , lib. . cap. . with sundry other forraign protestant * writers , both in germany , france , bohemia , the netherlands and elsewhere ; iohu knokes his appellation , p. . to . george bucanon de iure regni apud scotos , with many * scottish pamphlets justifying their late wars : ioh. ponet once b. of winchester , his book intituled , politick govern. p. . to . alber. gentilis de iur. belli , l. . c. . l. . c. . . m. goodmans book in q. ma. dayes , intituled , how superior magistrates ought to be obeyed , c. . . . . d. a. willet his sixfold commentary on romanes . quaestion . . & controversie , . p. , , , &c. * peter martyr com : in rom. p. . with sundry late writers , common in every mans hands , iustifying the lawfulnesse of the present defensive war , whose names i spare . and lest any should think that none but puritanes have maintained this opinion , k. iames himself in his answer to card. perron , iustifieth the french protestant taking up defensive arms in france . and l bish . bilson ( a fierce antipuritane ) not onely defends the lawfulnesse of the protestants defensive arms against their soveraign in germany , flaunders , scotland , france ; but likewise dogmatically determines in these words ; neither will i rashly pronounce all that resist to be rebels , cases may fall out even in christian kingdoms , where the people may plead their right against the prince , and not be charged with rebellion , as wherefor example ? if a prince should go about to subject his people to a forreign realm , or change the form of the common-wealth from impery to tyrannie , or neglect the laws established by common consent of prince and people , to execute his own pleasure . in these and other caeses which might be named , if the nobility and commons ioyn together to defend their ancient and accvstomed liberty , regiment and laws , they may not well be covnted rebels . i never denied , but that the people might preserve the foundation , freedom , and forme of the common-wealth , which they fore prised when they first consented to have a king : as i said then , so i say now , the law of god giveth no man leave ; but i never said , that kingdoms and common-wealths might not proportion their states , as they thought best , by their publike laws , which afterward the princes themselves may not violate . by supertour powers ordained of god , ( rom. . ) we understand not onely princes , bvt all politike states and regiments ; somewhere the people , somewhere the nobles , having the same interest to the sword , that princes have to their kingdoms , and in kingdoms where princes bear rule by the sword ; we do not mean the private princes will against his laws , bvt his precept derived from his lawes , and agreeing with his lawes : which though it be wicked , yet may it not be resisted of any subject , ( when derived from , and agreeing with the laws ) with armed violence . marry , when princes offer their subjects not iustice , but force , and despise all laws to practise their lusts , not every , nor any private man may take the sword to redresse the prince ; but if the laws of the land appoint the nobles as next to the king to assist him in doing right , and withhold him from doing wrong , then be they licenced by mans law , and not prohibited by gods , to interpose themselves for safeguard of equity and innoceucy , and by all lawfull and needfvll means to procvre the prince to be re formed , but in no case deprived where the scepter is hereditary . so this learned bishop determines in his authorized book dedicated to queen elizabeth , point-blank against our novell court-doctors , and royallists . but that which swayes most with me , is not the opinions of private men , byassed oft-times with private sinister ends which corrupt their judgements , ( as i dare say most of our opposites in this controversie have writ to flatter princes , to gain or retain promotions , &c. ) but the generall universall opinion and practice of all kingdoms , nations in the world from time to time . never was there any state or kingdom under heaven from the beginning of the world till now , that held or resolved it to be unlawfull in point of law or coscience , to resist with force of arms the tyranny of their emperours , kings , princes , especially when they openly made war , or exercised violence against them , to subvert their religion , laws , liberties , state , government . if ever there were any kingdom , state , people of this opinion , or which forbore to take up arms against their tyrannous princes in such cases , even for conscience sake , i desire our antagonists to name them ; for though i have diligently searched , inquired after such , i could never yet finde or hear of them in the world ; but on the contrary , i finde all nations , states , kingdoms whatsoever , whether pagan or christian , protestant or popish , ancient or modern , unanimously concurring both in iudgement and constant practice , that forcible resistance in such cases is both iust , lawfull , necessary , yea , a duty to be undertaken by the generall consent of the whole kingdom , state , nation , though with the effusion of much blood , and hazard of many mens lives . this was the constant practise of the romans , grecians , gothes , moors , indians , aegyptians , vandals , spaniards , french , britains , saxons , italians , english , scots , bohemians , polonians , hungarians , danes , swedes , iews , flemmins , and other nations in former and late ages , against their tyrannicall oppressing emperors , kings , princes , together with the late defensive wars of the protestants in germany , bohemia , france , swethland , the low-countries , scotland , and elsewhere , against their princes , ( approved by queen elizabeth , king iames , and our present king charles . who assisted the french , bohemians , dutch , and german protestant princes in those wars , with the unanimous consent of their parliaments , clergy , people ) abundantly evidence beyond all contradiction ; which i have more particularly manifested at large in my appendix , and therefore shall not enlarge my self further in it here : onely i shall acquaint you with these five particulars . first , that in the m germanes defensive wars for religion , in luthers dayes , the duke of saxonie , the lantzgrave of hesse , the magistrates of magdeburge , together with other protestant princes , states , lawyers , cities , counsellors and ministers , after serious consultation , coneluded and resolved , that the laws of the empire permitted resistance of the emperour to the princes and subjects in some cases , that defence of religion and liberties then invaded , was one of these caeses ; that the times were then so dangerous , that the very force of conscience and necessity did lead them to arms , and to make a league to defend themselves , thovgh caesar or any in his name wovld make war against them ; that if the emperour had kept his bonds and covenants , they would have done their duties ; but because he began first to make the breach , the fault is his : for since he attempteth to root out religion , and subvert our libertie , he giveth us cause enough to resist him with good consciene ; the matter standing as it doth , we may resist him , as may be shewed by sacred and prophane stories . vnjust violence is not gods ordinance , neither are we bound to him by any other reason , then if he keep the conditions on which he was created emperour . by the laws the mselves it is provided , that the inferiour magistrate shall not infringe the right of the superiour : and so likewise if the superiour magistrate exceed the limits of his power , and command that which is wicked , not onely we need not obey him , bvt if he offer force we may resist him . so they in point of law and conscience then publikely resolved . secondly , that the n french protestants , and others , in the reign of king francis the second , anno . being much oppressed by the guisian faction , who had got the k. into their power , and wholly swayed him ( as his maj. ill councellors sway him now ) there upon assembling together to consult of some just defence , to preserve the just and ancient government of the realm . they demaunded advice tovching law and conscience , of many learned lawyers and divines ; who resolved , that they might lawfvlly oppose themselvs against the government which the house of guise had usurped , and at need take arms to repvlse their violence ; so as the princes , who in this case are born magistrates , or some one of them would undertake it , being ordered by the states of the realm , or by the sounder part of them . o that defence of religion and liberties against violence and oppression were iust causes of warre ; et quod pia arma ea sint , ultra quae nulla restat spesvitae nec salutis . a like resolution and determination was mado by the chief dukes , peers , nobles , and officers of france , anno . which you may read in the appendix . thirdly , that the p angrognians and waldensian protestants of lucerne and piedment in the year . to , being persecuted by the lord of trinitie and their popish soveraigns , assembling solemnly together to consult how to prevent the great dangers then at hand , after long prayer and calling upon god for his grace and spirit of direction and counsell , well to manage their weighty affairs , and to preserve themselves and the protestant religion professed by them , concluded in the end , to enter into a solemn mutuall covenant , and to ioyn in a league together for defence of themselves and their religion ; whereupon they all promised by gods grace and assistance , to maintain the pure preaching of the gospell and administration of the sacraments , and one to ayd and assist the other , &c. which they did with good successe , obtaining many glorious victories against invading persecuting enemies . the like did q zisca , the thahorites and bohemians heretofore , and of r later times ; as the maginall authors largely relate , resolving it iust and lawfull for them in law and conscience , to defend themselves and their religion by force of arms against their persecuting soveraignes . fourthly , that the ſ netherland provinces , being oppressed in their bodies , estates , by the duke of alua and spanyards tyrannie , and in their religion and consciences , by the introduced irquisition to extirpate religion ; did after serious deliberation , and consultation with learned men of all sorts , unanimously conclude and enter into a solemn covenant to defend their libities , religion , laws , by force of arms , against the spanish tyrannie ; as you may read at large in their histories . and in the year . the prince of orange and his confederates , having levyed a goodly army to relieve mons besieged by the duke of alua , caused this notable * protestation to be printed and published to the world , as well in his own name , as in his confederates , giving a reason of the arms which he had taken up , as followeth . wee william by the grace of god , prince of orange , earle of nassau , &c. to all noble-men , knights , gentlemen , and others , of what quality soever of these netherlands , which desire the liberty thereof , being miserably tyrannized and oppressed by the duke of alva , the spaniards , and other their friends , traytors and mvrtherers of their own covntrey , we declare that everyone of us , for a particular love and zeale he beares unto his countrey , and for the glory of god , which we desire above all , have often sought by all meanes the good and quiet of the countrey , as well by petitions and other mild meanes , as by force of armes , thinking to draw those that were as we are , to doe the like , sometimes by sighes and prayers unto god , having had patience untill that it should please him to mollifie the hearts of the said tyrants ; but in the end solicited and called generally and particularly by the inhabitants of the said countrey , by reason of the inhumanities and oppressions ; we have in the name of god ( according to ovr consciences ) taken armes ; protesting before god and his angels , and before all men present and to come , that we have not been moved hereunto by any private passion , but with an ardent desire which we have to oppose our selves against this more then barbarous and unsupportable tyranny , to the proclamations , edicts , taxes , imposts and charges of the hundreth , thirtieth , twentieth and tenth penny imposed by the insatiable covetousnesse of the duke of alva , against the lawes liberties , freedomes , and ancient priviledges of the said countrey ; which lawes , liberties , freedomes and ancient priviledges , we mean ( by the grace of god ) to restore unto the said countrey , holding it under the obedience of their prince and naturall lord , as we are bound to do : affirming and maintaining , that * all princes and noblemen , gentlemen , commonweales , or others , of what quality soever , be they strangers or home-bred , that have been moved to give us aide or assistance in this so ivst an enterprise , have not don it for any other intent , but for true piety and compassion which they have with us of the said miseries and calamities : wherefore we pray and entreat every one , both in generall and particular , to assure themselves , that we intend not to doe wrong to any man , nor to attempt upon the good estates or honour of any of what quality soever , were he of the clergy , but are ready to aid and assist every one freely and willingly ; as for his liberty , every one is bovnd to svccor vs by all dve and possible meanes . in the mean time we will give order , that god and the countrey may be served , in procuring the preservation of the people , and the defence of their houses , wives , and children : praying to god , that he would favour and bring to a good end so holy and necessary an enterprize . this their defensive warre , yet continuing , hath been justified by many , and in speciall maintained to be just and honorable both in law and conscience in a particular book de jure belli belgici , printed at the hague with the states approbation , . to which i shall referre you . fifthly , r ( which comes neerest to our present case of any story i have met with ) alphonso the . king of arragon , in the year . through the ill advise of some bad counsellors and courtiers about him , departed in discontent from the parliament of the estates of arragon then assembled at saragossa , and posted to osca , because the parliaments took upon them to make lawes to reforme and order his court , his courtiers , which he denyed , but they affirmed , they had just right and power to doe . hereupon , the businesse being put unto greater difficulty ; the estates affirmed . a comitiis intempestive discedere regi nefas esse , that it was a wicked act , for the king thvs vnseasonably to depart from the parliament ; neither was so great . a breach of their priviledges and rights to be patiently endvred : whereupon they presently raised up the name and forces of the vnion or association ( formerly made and entred into between the nobility , cities , and people , mutually to aid and assist one another to preserve the peace and liberties of the realm , even with force of armes ) it being lawfvll for the common cause of liberty ; non verbis solum , sed armis qvoqve contendere , not onely to contend with words , bvt also with armes . vpon this , king alphonso desirous to prevent the mischiefs them present and incumbent , by advise of his privy counsell , published certaine good edicts at osca for regulating his court , counsell , iudges , officers ; by which he thought to have ended all this controversie , but because they were promulged onely by the kings own edict , not by the whole parliament as binding lawes , they still proceeded in the vnion ; till at last , after various events of things , this king returning to the generall assembly , and parliament of the estates at saragossa , in the year condessended to their desires , and confirmed the two memorable priviledges of the vnion , with the soveraign power of the iustice of aragon , which could controll their very kings : of which see more in the appendix . i shall close up this of the lawfulnesse of a necessary defensive warre , with the speech of the emperour alexander seuerus , recorded by f herodian , l. . he who first infers injuries hath no probable colour ; but he that repulseth those who are troublesome to him ; ex bona conscentia sumit fiduciam ; assumes confidence from a good conscience , and good hope of successe is present with him from hence , that he offers not injury , but removes it . thus have i now at last waded thorow this weighty controversie , of the lawfulnesse both in point of law and conscience , of the parliaments present , and all other subjects necessary defensive warres against their soveraigns , who invade their lawes liberties , religion , government , to subvert them , by open force of armes : in which i have freely and impartially discharged my conscience , not out of any turbulent , seditious , or disloyall intention , to forment or perpetuate the present , or raise any future destructive , unnaturall warres between king , parliament , and people , or to countenance , to encourage any tumultuous , rebellious , factious , ambitious , traiterous spirits to mutiny or rebell against their soveraigns for private injuries , or upon any false unwarrantable ends or pretences whatsoever ; ( let gods curse and mens for ever rest upon all those , who are in love with any warre , especially a civill , within their own dearest countries bowels ; or dare abuse my loyall sincere lucubrations to any disloyall sinister designes , to the prejudice of their soveraignes , or the states wherein they live : ) but only out of a cordiall desire to effect such a speedy , honourable , safe , religious , semplternall peace between king and parliament , as all true christian english hearts both cordially pray , long for , and endeavour , by informing his seduced majesty , his evill counsellors , his popish malignant forces , that if they will still proceed unnaturally and treacherously to make war against their native countrey , religion , lawes , liberties , and the parliament , ( which to doe i have t elsewhere manifested to be no lesse then high treason , rebellion , against both king and kingdome ) they may in point of conscience and law too , be justly opposed , resisted , repulsed , even by force of armes , without any guilt of treason , rebellion , or feare of temporall or eternall condemnation , as publike enemies , rebels , traytors to the realm , whatevever they have hitherto been informed of to the contrary by temporizing lawyers , or flattering illiterate court divines ; and by assuring all such noble generous publike spirits , who shall willingly adventure their lives or fortunes by the parliaments command , in the present necessary defensive warre , for the ends premised ; that for this good service they shall neither in the courts of law , nor conscience , incurre the least stain , or guilt of treason , rebellion , sedition , or any such like odious crime , much lesse eternall condemnation ; the panick feare whereof , frequently denounced against them by many sottish malignants , royalists , ill-instructed lawyers and theologasters , hath frighted , kept back , and withdrawn multitudes from , yea cooled , corrupted many in this honourable publike duty , service , which they now owe of right to god and their countrey ; in which to be treacherous , perfidious , sloathfull , negligent , cold , uncordiall , or timerous ( as too many hitherto have been , to the greater honour of those who haue been faithfull , actiue , valiant , and sincere ) especially now after so many late horrid treacheries most happily discouered and a new couenant solemnly entred into , demerits a perpetuall brand of infamy and reproach . to dye fighting for ones dearest bleeding , dying countrey , hath in all ages been honoured with a crown of martyrdome ; to liue or dye fighting against it hath ever deserved the most capitall censures , ignominies , and heaviest execrations . let both sides therefore now seriously ponder and lay all the premises close to their soules , consciences ; and then i doubt not through gods blessing , but a happy peace will speedily thereon ensue x nation shall not lift up sword against nation , countrey against countrey , englishman against englishman , brother against brother any more , as now they doe , neither shall they learn such an unnaturaall cursed kind of civill warre any more , but beat their swords into plow-shares , and their speares into pruning hooks ; and y greet one another with a kisse of holy peace and charity : which desired end and issue of these present bloudy warres god in his mercy hasten and accomplish , to the joy of all our soules . i should now , according to former engagements , proceed to other remaining particulars ; but because this part hath already farre exceeded its intended bounds , out of a desire to give full satisfaction in a point of highest present , and future concernment every way ; i shall reserve the residue , with the appendix , for another distinct part ; with which i shall conclude my meditations and collections of this subject , without any further additions , if god say amen . finis partis tertiae . errata . pag. . l. . to . by . p. . l. . omri , zimri . l. . iudah . israel . p. . . . that . p. . l. . of their . p. . l. . hence . p . l. . not a bishop ; a bishop , not a lay-man . notes, typically marginal, from the original text notes for div a -e * part . edit . p. , to . . notes for div a -e a civilis belli , l. . p. . b apud veros dei cultores etiam ipsa bella pacata sunt ; quae non cupiditate aut crudelitate , sed pacis studio geruntur aug. de diuers . eccl. observ . . gratian caus . . qu. . cap. apud . albericus gentilis de iure belli . l. . c. . c patriae deesse quoad vita supperat nefas est livius , rō . hist . l . d militare non est delictum sed propter praedam militare peccatum est . august . de verbis dom. tract . . & gratian. caus . . qu . e see littleton in his chapter of gran-serjanty , knight-service , escuage , & cook ibi . f numb . josh . . , to . g judg . . h sam. . . i judg. . . . k jer. . . . notes for div a -e object . . * see many printed declarations , proclamations to this effect ; with other pamphlets . answ . . . a see the houses severall declarations to this effect . * e c. h. , c. . see ashes table , contemp. , . the law bookes there quoted , h. . c. . e. . . coron , . dyer , . stamford : pleas , l. . c , , f. . l , , c , , f , * the declaration of the lords & commons in answer to his majesties , concerning keinto● battle . b part . & . throughout . c see polybius hist . l. . arist polit. l. . c. . . l. . c. . l. . c. . bodin l. , c , . l , , c. . d hieron . blan. aragonens . rerum comment . p. . . . to . . to . joan , mariana de rege & regie instit . l. . c. . to . e in the appendix . f part. . g common-wealth l. . c. see plut. caes . & pompeius . h aragonensium rerum com●●● . p. . * part . p. , , , &c. i see arist . polir . l. c. d t. beards thea●re of gods iudgements . l. . c. . to . ad generum cereris pauci sine sarguine fuso , descendunt reges , & sicca morte tyranni suvenal . see the appendix . k polit. l. . c. . . l memorabil . l. . p. . m hist . l. . n spelmani concil . tem. p. . o lambard . archaion . p. . fox acts & mon. vol. . p. . p lib cap. . surius tom. . p. . q common-wealth . l. . c. , . r de rege et regis jnstit . l. . c. . . s lib. . c. . fol. . t lib. . c. : u de laudib . legum angl. c. . to . x speech in parliament house , anno . y bract. l. . c. . fleta l. . c. . fortos . c. . to . cooke . report fol. . . calvins case . rom. , . pet. . . z see the apendix . a sam. . chro. . see the kings coron . oath , b row. . , . pet. . . titus . c perniciosus de repub &c. ciecero de legi . sam. . , to . cap. . . . chr. . see. marian. de reg. & reg. inst . l. . c. . d de leg. ang c. . . , . . e lib. . f. , calvins case . c. f lib. . c. . f. . g lib. c. . h lib . c. . i de laud legum angl. c. . to . k de rege & regis instit . l. . c. . l deut. . prov. . rom. . . ephes . . pet. . . * see doctor beards theater of gods iudgements , l. . c. . to . m gratian. causa . qu. . . . calvin . lexicon . iurid tit bellum . n cicero tusquaest . l. . o liv rom. hist . l . sect . . p. . p walsingh . hist . ang. p. . . q walsing , hist ang. p. . r walsing . hist . ang. p. . . s walsing . hist ang p . , . , . t halls chro. & . h. f. , . fox acts & mon. vol. . edit . ult . col. , . u iac. c. , , . the kings proclamations . iacob . against them , and the arrai●nement of traitors . * cooke . report , calvins case . * math. paris pag. . speed p. . . y tim. . , . ier. psal . . . , . isa . . . & . . * livy rom. hist . l. . dec. , p. . arist . polit. l. p. . marian● de rege , l. c. c. . a arist . polit. l. . & buchan . de iure regni apad scotos . b gratia● . causa , . qu , , . iacob spulegiu● , lexicon iur is , tit bellum . f. de iustitia et jure non sine . ioannis ca●vini lexicon ●uris . tit. bellum co . , . summa angelica , et rosella aensis sum. part. . qu. . mem . . & quaest . . num . . martin laud. de bello , suriu● concil . tom. . p. . c calv. lexicon . jurid . ib. ex hotomano . and other forcited . d see principally . h. . rot. pat. mem . & mem. dorss . e see aristot . pol. l. , c , , , & l. , . polib . hist . l. . fortescue . c. . to . ſ de offici●● . l. . p. . g exod. . . to . . num. . . to . sam . . . . chr. . . iohn . . . c. . . . . h cicero de ligibus . i resolution of conscience . sect. . k see stamfords pleas : f. . . . l see andrew favine his theatre of honour l. . c. . . . halls chron. h. . f. . . . . . . . . . . . . . m hall an. . h. . f. . . o halls chron. f. . . h. . p generall history of france p. , . fabians chron part . . in his life ; with others . q seneca de ira. r eadmerus , malmes hunt. hoveden , mat. west . mat. par polychonicon , fab. coxton , holinsh . grof . speed , daniel , and others in the life of wil. refus . s see stamford bracton , fitzherbert , brock , cromp. tit. t●eson & coro●s . t mat. par. an. . p. . speed p. . dan. p. . . holinsh . graft . stow , and others . n in praesenti bello , dominus rex extitit vulneatus & morti paene vicinus , jaculo in eum ex improviso de . jecto , mat. par. ibid. x see the remens●r●nce of both houses nov. . . * littleton sect . . cook. inst . ib f. . l. . e. . . . . e. . . b. . e. . . plowden p. . . . e. . c. . h. . c. . . cooke l. f. . . . . * isa . . . . . * see charta de fortesta , rassals abridgment , title forrests . . jac. c. . petrus bieser sis de instit-episcopi . bibl. patr●m tom . pars . p. . illud ni●ilo . minnis absurdum , &c. * gen. . . . . c. . psa . . . to . . * psal . ● . . . chr. . . see the vindication and revindication of this text. * rev. . . c. . . c. . . * psal . . . ps . . . * gen. . . mat. . . * see tertul. & cyprian de spectaculis onupbrius , bulengerus , lyp●ius , and others , de theatris , ludis circensieus and joannes mariana despectaculis . * graft . part . p. . part . f. part . . p. . * zonaras annal. tom. . f. . muns●eri cosmeg . l. . c. . p. . * mat. west . an . p. . malm●shunting . fab. graft , holins . speed , and others in his life . * hoved. 〈◊〉 . pars posterior . p. . mat. paris , mat. wesim . polye . fab. walsi●g . holinsh graf . speed , daniel in the life of rich. . y see bishop bilson , of christiā subject on , &c. part . p. to . and the authors there cited . z speed. hist . l. c. . . l . . ● . . camb. brit. p. ● . &c see holinsh . poly. gras . a jacob●● valde sius de dignitate regum regn. hisp . c. . franciscus tarapha de reg●bus hispaniae , michael ritius de regibus hisp . l. . manst . cosm . l. c . b see bishop bilsons true difference , &c. p. . . to . and the appendix here . p. . . c aventinus a●i . l. . the generall hist . of france in his life . see the appendix . d see grimstans imperiall history in their lives , & and the appendix . * the generall history of spaine p. . * gras● . part p . buchanon remon scot. l. . p. . e theatre of honour l. . c. . p. . f see part. neere the end . g see summ● rosella tit. bel. um . h fitz nat. brevium f. . . i common weale l . c● . . . * see knols turkish hist . in his life . * speede hist . p. . the history of the netherlands , and the swedish intelligencer . * mat. par. mat. west . hoved. speed , holish . fab. graft . daniel in his life . * see knols turkish hist . of the calling in the turke into graecia and cambdin & speed of the brittaines calling in the saxons which proved their ruin and conquest . h see matth. westm . huntingdon , galfridus monumetensis , florentius wigorniensis , polychronicon , fabian , caxton , grafton , holinshed , speed , and others , in their severall lives . l matth. far●● hist . angl. p. to . holinshed , grafton , speed , fabian and daniel , p. . . . * a true character of a pope , pag. . . . m hist . angl. pag. . n pag. . . see part . p. . . p confirm . chartarum . . e. . c. . q math. paris hist . p. . to . daniel , p. . . see holinsse , graft . speed. matth. west . anno . r page . . daniel , p. . ſ page . . t an. . p. . u mat. par. p. . . speed , p . dan. p. . x w●lsing . hist . angl. p. to . ypodigma neustr . an. . dan. holi●sh . graf . speed , fab stow and others in his life : fox acts and monuments , edw. ult vol. . p. . . y f. . . z walsirg . holinsh . fab. graf . stow , speed , daniel in his life . b dy●●● . . pl. 〈◊〉 . ● . . stamford . f. . nota. c walsing hist . a●gl p. . see holinsh . speed. trussell in ri●● . ● and cambdens bri●●d , of the british islands , p. ● . c walsia . hist . angl p. . e walsing . hist . ang. p. , to . polyc. fab. speed , gra●t . hoti● . howes , trassel . in . & r. . r ●● . . ● . * nota. f see walsingh , hol●sh . graft . speed , sto● , tussell , in . r & r c. : ● . but especially ca. will manifest the unjustnesse of this unlawful packed conventicle if i may so call it . * see albaricus gentiles de jure be●li lib. cap. . . . . g grofton , p. . . hall. . & . h . f. . . holinshead , stow , speed , fabian . h hall , grift● fabian , caxton , holinshed stow , speed , anno . . & . r . i grafton , p. . hal. . r. . f. . . see helished , stew , speed , & barons henry . i speeds hist . p. . to ● . . . grimston . hist . of the netherlands , l. to . p. . . &c. and imperiall hist . p. . to . k see the acts of pacification and oblivion in both those kingdomes . l an exact collection of all remonstrances , &c. p. . . m alber. gentil . de jure belli , li. . ca. . . n gratian causa . qu . . . and the canonists in their glesses on that text. summa angelica & rosel . til ecl anto. cortes . reper . in abatem tit . bellum ; iacob . spi●lg & . calvin . lexi . iurid . tit. bel. mar● lauden de e●●l . tract . alber. gent. de jure bell . petrinus belli de re milita . & b●l●o trast . de iure b●lli b●lg . hugae , ● . hugo grot. de iu●e belli et pa●is . a cle. . de sent. b bal . cons . . & s. cons . c clar : §. hemicidium . d bal. ad . d. l. . loc . ios . decl. l. ut vim e ap. mitr . f phil. de principe . g clra. §. bomicidium . h l . de iust . l. ad le . aq. ceph . cors . i cic. . iuci. . fa. . k c. . de se exc . c. de homicid . l ammia m cic. pro milo , n aug . con fav . o jason . l. . l. de in re . p con. reg . peccatum . p. . §. . q bed●● de rep. . r livie l. . * costr . l. . de iust . s pater . l. . t liu. . n veget. l. . x hist . l. . y them. . ad arislog . * dio. l. . z terent. . eunu. . a philo. de spe . leg. b pers . § at . . ovid. . de art. horat. ad loll. ep. . c c. lib. . tit. . l ul . l. tit. . l. . & c. t. de sica . l. . d bald. . cons . jas . l. . de iust . e bal. . cons . . . . alex. . . cla. §. homicidium , zas . l. ut vim . f dec. cons . . g p. l. . . quod met . can . h de damn . inf . l. . loc . i gell. l. . c. . k cic. pro tu . quict . l. . c. l thucid. l. . m zonarus . n pausanias , ● . . o hero lib. . p xenop . . graec. q liv. lib. . r thut . lib. . s salu. frag : t dion lib. . u bod. . de rep . ult . x p syr● y jou . lib. . z ari. . pol. a hier. epi. . b bal. . cons . . . . c dion l. . * ovid. . fast . posse u●cere sat est ; quodque p●● testalios perdere , perde . prior . d plut. pomp. e bal. . cors . . . f apul. de m●nd l polit . ep. ● . guic. lib. . g ans . edeg . h polyb. lib. . i li● . l. . k gellius l. . . l dion . l. . * l. . d. v. . n jou . l. . a l . de ju . & ju . b cic. . de si . c plut. de vi. alext d niceph. gr . li. . e sen. ep . . f gel. lib . g hor. ad . ep . . h sen. ult . ben . i lact. de ira , dei. c. . k phi. lose l c. apol m act . m arist . de mu. n cic. . de offic laet. o aug . de civ . p ambet . de oft . . q bal c de pri . do . r lact. instit . . ſ ci. c. . alt : . t arist . . pol. & psal . . . * gal. . & . petr . . x hier. ep. . y claud. . cons he. z rom. cons . . a dec. cons . not l. . l. . de just . b plat. . de leg . c bal. . cons . d sen. . . de ira. e xiphil . f cic. . fa. . g procop. . pers . h cicer. pro quin. i iust . ge. an . . k l. . de ex l lib. . de he . vel . ac . ve . m castr . l. . de just . al. . . . clar. f. q & homicidium : de cons . . n lib. . de app . ias . l . de iu. dec. cons . ceph . cuia . . obs . . o l. . dene . ge . . segq . p l . qui s . ma ad li per. pla . de leg . q ias . d. l. . eug. cons . . r bal. l. ul . c. de ju . de imp . ſ alc. l. cons . . mol. ad dec. l. . de reg . t bal. . cons . . l. . c. de ser . fug . u eccle. . x bal. l. . de of . pr. vi . y nic. cal. . his . . z cic. . deoff. a bal l. . . c. de op . le . b guic. lib. . d ambr. de oft . . c. . . q . e dlon sol . de legis . f l. . qui ex ca. in po . ea . g anb. de off . h liv. . . i ●● de repub. ult . k plut. apoph . l iov . l. . m oros . l. . c. . n procop. . pers . & call. l. . c. . alcd. . §. sacra . de v. o. p cic. pro planc . x decia . cons . . y levit. . z l. . ubi gl . de l. aq : a ibo . l. . b eccl. . c c. de seaexe . eug con . a lib. . de offi. . b euri. hip. c thuc. l. . d . de benes . e ceph . . con. regn. pecca . par . p. . bod. l. . de rep. c. . & l. . c ult . cic . de off. g bal. lib. . c. de iust . & subst . h sen. ult . de benef. i eph. . . caesar . 〈◊〉 de si c. ● k plu. pyrrh . l 〈◊〉 cons . . ceph . bal l. de ser . fug . m alex. . cons . . ceph . . n ias l. de iurisd . cic. pro com. ceph . o l. . de re iu l. . c. de ●os . te . p leo-nou . q l. . bal l. . c. de ser . cor. r plut. quo nutr . li. hiere . ep . . ſ alex l. . sol. mu. t cels . l. . de iust . u cels . . c. hypp . deloc . in hom . x cic. prosy y l. . de holi . ex . z l. . de leg. a nat. ad alex cons . . bal l. . c. de pa. in m. . c heb. apoph . c . g plu. apoph . d hes . . op . op . e faer . . c h l. . de con . em . com. pii . . li. . f alc. emb. . plut. euth . h l. . de con . em . i com. pij . . li. . k . de da. inf . alex. . . l l. . de aq . pl. l. si se . ui . bal. . cons . . m arist . . pol. bal. . cons . . o bal. q. cons . . p lyp. notes for div a -e a master goodwine his anti-cavallar . and bone for a bishop . master burrought his lord of hosts . the severall answers & replies to doctor ferne. the honest broker , scripture & reason , pleading for defensive armes ( the best and acutest of this kind ) with many others . . b num. . c see an exact collection of of al remon . strances , &c. d the resolving of conscience . the necessity of christian subjection , &c. a revindication . the grand rebellion , &c . d see gratian caus . . q. . c see fox acts & monum . french book of mattyrs , with others . pag. . . &c. argument ● g antiq. iud. lib. . cap. . ipse prophetae cum minatus vim esset , ut ni sponte sua faciat , vi coactum eo pertrahat . &c. h matth. . mar. . luc. . iohn . i luc. . . . k iohn . . . l math. . . m acts . . cap. . . . luk. . . . . isay . * see doct. fernes resolving of conscience . an appeale to thy conscience , with others who muchrely on this ill foundation . . . o 〈◊〉 luc. o●●inder . ench●nd contr c. . & . de magistr . 〈◊〉 . p exod. . . &c. q sam. . to . r king. . s mat. . . . . t tim. . . u zeph . . esay . . x cor. . . y iob . . z psal . . . psal . . . a john . . john . b la● . . to . alfonsià carthagena regum , hisp . acaphel . c. . c iohn . . c. . . c. . . d gratian. caus . . qu. . e sum theolog. pars. qu. . m. . ofiander e●● ibid. c. . 〈…〉 f gratian caus . qu. . les flours desvies des sanctes part . . p. . g sam. . . . to . . h ro●● . . . . i dr. fernes resolving of conscience ; an appeale to thy conscience . . . . * rom. . . . . k see doctor ferne ; appeale to thy conscience ; the grand rebellion ; the necessity of christian subjection , and others . . . . . . . . . . . * sam. . to . c. . . to . . . . . . * chron. . . zech. . . . . o mac. , . to . p enchirid. controvers . c. . de magistrat . polit. q epist . l. . ep. . donar● r de ciu. dei. l. . c. . s o siander ; enchrid . cont c. . de polit . magist-au . p. . abber . gentillū de iure bellit . l. . c. . hugo grotius , de iure belli l. . c. §. . * josephas antiq. judae l. . c. , p. . s philip. de melanct , chr. l. . d r beards theatre of gods iudgement l. . c. . p. . t num. . rom. . . to . pet. . . . . u esay . . . to . ezech. . . . . zech. . . . ● king. . king. . . * estates upon credit , : sect. . . part. . p. . to . . a part. . p. . b de princip . l. . . . . c praefat , ad ruh . de collationibus , p. . f gen. . . . c. . . . ps . . . . ps . . . ps . . . esay . . esay . . . iosh . . . c. . . heb . . . d de iure belli . l. . c. , . l. c. , , . e de iure belli & pacis l. . c. . , , . g grotius de iure belli l. . c. . sect. . . * caus . . quest . . suri . concil . tom. p. . b cajetan . ● . ●ae . qu. . ar . . ambrose , offic. l. . c. summa : angelica , rosella & sylvester , tit. bellum , and the clossers on gratian. causa . . qu. . u lev. . . mat. . . rom . . c. . . cor. . . phil. . . tim. . x dist . . qu. . to . y de jure bell. l. . c. . . . z common-weale . l. . c. . l. . c. . sect. . l. . c. . sect. . . . c caus . . qu. . . d a . ae . qu. ● art . . & qu. . ar . . dub . . e l. . disp . . art . . l. qu. . art . . f lib. . c. . du . . g l. . contr illust . . h p. . i n . . ae . qu. art . 〈◊〉 k verbo bellum , par . 〈◊〉 n. . & p. . & homicidium . . q. . l ad l. ut vim . di de just . & iure . m in rep . l. . & unde vi . n l. . c. . n. . o de iure bel. l. . c. . . p de jure bel. l. . c. 〈◊〉 q . ar. . . q . card. qu. . li . petr. nau. l. . ca . n. . grotius . de iure belli . l. . c. . sect. . r see the relation of brainford . object . . u dr. ferne sect. . p. ● . answ . object . . * an appeale to thy conscience . p. . . . answ . object . . p an appeale to thy conscience . p. . answ . object . . q appeale to thy conscience . p. . answ . r sam. . . esay . . c. . . c. . . chron. . . s king. c. . & . chr. c . & . & . neh. . . t sam. c. . & . & . u in the bookes of kings , chronicles , ieremiah , and daniel . * see cassanaeus . catal. gloriae mundi , pars . consid . . sect . . p. . . x de fontif . rom. l. . y sam. . . &c. z chro. . . . . . a king . . . b king. . . . . object . . c an appeal to thy conscience , p. . c. answer of the vindication of ps . . , and the revindication printed at cambridge , . answ . d sam. . & . & . see chron. . . e see zeph. . . gen. . . iob . . c. . . c. . c. . . c. . . gen. . . . ier. . . ioh. . . f matth. . . . c. . mar. . . luk. . , , g the vindication and revindication of psal . . , h gratian. causa . . qu. , , , . where many fathers are cited , to this purpose . i exod. . . c. . , . levit. . . . king. . . k eccles. . c. . . ezec● . . , . ich. . . l psal . . , . num. . ● , , . m iosh . . . n iosh . . , , , , . o iosh . . . c. . & . . to . p iudg , , , to . q iudg , , to ● r sam. , , . s isay , , * chro. . t king. , , . u king , 〈◊〉 . x chr. . . , . y ki. ● , , z chron , , , ● . a king , . b see m. seldens titles of honour l. 〈◊〉 , s●ct , , bodin communwal . v. , l. , c. . ioseph de bello indaico , l. . c . . c commonw . l. , c . d de iure belli , l. . c. , sect . . . e in their titles and cont . ovdrsies de immunitate cleri●erum , bishop latimers ●ermon at stamford , f. , b. f keilwayes resorts , f. . g see par . r. p. . & fox act & monuments . h king. , , . i see claudius e●sencaeus dig. s . in . p●o● . ●pist . ad tim. d. c. rismatis usu p. , &c. k espencaeus ibid. see homas it aldensis , bellarmine and others , de sacramento extremae u●ctiours , and all schoolmen and canonists , de sacrame , torum numero & extrunct . l cat. log gloriae mu●di , par . . consid . . p. . alber. de re● super g. of rubr. f. d●sta . , ho. m cassanaens ibid. & consid . . n cook . ●eport . calvins cas●c f. . philoch . arch. de somnio ver 〈◊〉 , c. . object . s. an●sw . o sam. . , . . p sam. . , to q ● king , . 〈◊〉 , . r king . . . king . . to . s sa. , , . c. . , , . t sam. , . c. . . c. , chro. . v psal . . psal . . . y sam. . , , . z sam. . . . a sect. , p. . sect , b sect , , p. ● . c . sam. c. . . d . sam. , ● . to e sam. . sam. . , . f sect. . p. . object . . g dr fern , resolving of conscience , sect. . p. . and others . answer . b exod. . i psa . . i. and other psal . k chron. . . king. . l chron. . . to . m chron. , , . n mat. . . o iam. . , , . p psal . . * match . . . object . . q dr ferne , sect. , . an app●al to thy conscience . answ . . . . * antique , iud. l. . c. . . q explanat . artit . . operum , tom. . s third part of the true difference between christion subjection , &c p. . . t sam. . u chron. . x kin. . y ier. . z king. . . to . a king. . chr. . evasion , reply . b deut. . thorowout . c. . . to . c kin. ● . to . . , . d r kings . , to , . e chron. , , . c , to . king. . , , . c , . f king. . * sam. . . , . sam. . , , , , , psa . . , , , o chro. . , , . kin. . , , , . , . sam. . , , , , c. . . comfared with deut. . to the end . g king . c , . . . c. to . c. to the end of , c. . king. c. . to the end of . . chro. . . to the end of c. . object . h dr ferne , sect. . p , , ande sewhere . the netessitie of christian sub●ection , oxford , . appeal to thy conscience , . i he lords anointed , oxford , with others . answ . i sixsold comment , on rom. . quest . . p. . k antiqu. iud. l. . c. . . * rom. , , * o slander . enchir contr . cap. ● . de magist . polit. m isay . , . c. . . sa. . . psa . . , , . n paraus , willet , so●o , and others . o pet. . . p lib. . c. . f. . q fleta , l. . 〈◊〉 . . r isay . . ro . king. . , & . psal . . . to . psa . . . psa . . . . . psal . . . to . s psal . . . io. . prov . . mich. . . c. . . ● . . t rom. . . . tim. . iohn . . rev. . u see suetonius , eutropius , zonaras , grimston and others in their lives . x see seneca de clem. l. . hosea . . y lucan . d. bello civili . l. . p. . z see fox acts and monuments throughout . a apolog. c. . and seneca devita beaia , c. . quest . . a doctor ferne , appeale to thy conscience ; the necessity of subjection . c alci . l. . de v. s . l. . & de p●●● . d l. . de don. l. . quae res , p. . da. ob . non . pos . l. . qui mo piso l. . pro. empt. f common-weale , l. . c. . p. . g sucionius , zona●as , grimston , eutropius , sab●llicus , op●neerus , and others in his life . h marius salamonius de principatu , l. . p. . to . i commonweale l. c. . k generall history of france , p. . object . l ad scapulam , lib. p. . objected by , the necessity of subjection , and others . answ . m rhenani annot. ibid. quest . . n see mich. . . to . isay . , . zeph. , . ezech. . , . o in rom. . col . willet . on rom. . quest . . p. . p sect. . q grimston , suetenius , eutropius , zonaras , volaterranus , speed and others in his life . r as he doth phil. . . act. . v. , , . c. . . c. . . see matth . . ● . luk. . . c. . . acts . . c. . . quest . . s doctor ferne , sect. . appeale to the conscience , p. . ● . the necessitie of subjection . christus dei , p. . . with others . answ . t gen. . . . . . jer. . , . psal . . , . u gen. . . exod. . . ephes . . , . . c. . . . col. . . to . c. . , . tim. . , . pet. . . c. . , , . y josepbus antiq. jud. l. . c. . carolus sigonius de repub . hecraeorum . l. . c. . z aristot . polyt . l. . & . polib . hist . l. . just . in hist . l. . cassanaeus catalog . gloriae mundi pars , . consid . . philochius archilacus de somnio viridarii , c. . fortescue c. . . . mr. seldens titles of honour , part . . c. , , , . a gen. . sam. . . seldens titles of honour , part . c. . . see the appendix . b procop. vand. l. . c ammon . l. . c. . l. . c. . hugo grotius de jure belli . l. . c. . c. . . e see part . p. to . edi●● . . f bracton l. . c. . fleta l. . c. . . see here , p. . & part . p. . g psal . . deut. . . isa . . . c. . . cor. . ephes . . . h tim. . . . rom. . . c. . . deut. . . i deut. . . , . sam. . . sam. . . k sam. . , . king . chro. , . prov. . l tim. . , . pet . , . rom. . to . t it . . object . answ . m chro. . . isa . . c. . . l see doctor willet , paraeus , and others on rom. . * apologeticus . m porphyr . n apud cassiodorwn . o apostol . constit . l. . c. . p mat. . . luk. . , q psal . . . to . psal . . , , . psal . . , . o psa . . psal . , . act. . . to . heb. . . p rom. . . acts . pet . . deut. ● . iob . ● , . chron , . . gal. . . ephes . col. . . q quest . on rom. . p. . see cassanaeus , catalogus gloriae mundi , pars . consid . . to . * archbishop laud and neel , in the high commission and starchamber . * foxius de rege , &c. p. . grotius de iure belli , l. . c. . n. . s explan . artic . . t de iure reg. apud scotos . v de rege & regis instit . l . c. . to . x arist polit. l. . & . polyb. hist l. . gen. haest . of france , spain , hungary , bohemia , england . grotius de iure belli , l. . c. . n. covaru . quaest. illustr . t. . , n. . . vasquries contr. illustr . . n. . . n. . n. . hookers eccles . pol : l. . see . . p. . , . y see scripture and reason pleaded for defensive arms , p , , . z seneca grotius de iure belli , l. . c. . sect . . p. . a eccles. . . b see paraeus , willet , tollet , soto , marloras , and others on this text. quest . . c iudg . . . cor. . . . cor. . . pet. . . philem . chron. . . . tim. . . exod. . , . . chron. , . psal . . . d cor. . . e see ( c ) beso . cor. . . . rom. . . . g levit. . . mat. . . psal . , . pro. . . ps . . . i see tostatus , caictan , cornelius a lapide . soto estrus , with most popish commentators , & dr. willet on this text , bellarm. de clericis , and the canonists , de exemptionibus , & immunit . clericorum . k bp. bilsons ●●ue difference &c. par . . p. . to . io. vvhites defence of the way c. . p. . to . m theod. eccles . hist l. . c. , . sozom. l . c. c. . n see math. vvestm . math. paris , hoved ●n polychron . fab. caxton , polidor , virigit , holmsh . slow , grafton , speed , daniel in the lives of hen . k. iohn and hen. . l pag. . ge. hist . of spain . p s●elm concil tom p. . 〈◊〉 aodw n. ca●al of ●ish . edit . . p. . q spelm concil . p. , . r spelm. con● p. , . godw. catal. of bish . p. . s spcim . concil . p. , . * goduin . cata. log . of bistr . p . u spelmanim . concil . tau . . p. , . goduin . edit . . p. . x mat. paris . h●st . p. , goduin . catalo . p. . . y antiqu. eccles . bul. p. . see walsingh . hist . angl p. . to . * theod. eccles . hist . . . c. , . object . . x dr. fern sect. . appeal to thy conscience . answ . reply . answ . * see heb. . . matth. . , . i. ii a see bodin common-weal l. . c. . l. . c. . hugo grotius de jure belli . l. . c. . sect . to . . & annotata . b part. . & in the appendix . iii. c bodin . common-weal l. . c. . l. . c. . d parl. p. . e par. . & the appendix . iiii. f livy hist . l. . see the appendix . p. . . g macrob. saturnal . l. . c. . seldens titles of honour . part . . c. . sect . . p. . h aug. de civ . dei. l. . i selden , ibid. plutarchi , iuli●● caesar , ●atropias . grimston in his life . v. k gal. . . . l ant. iud. l. . c. . l. c. . l c. . & de bel. iud. l. . m mat. . c. . . act . . . c. . . c. . . n ant. iud. l. . to . john . . o ios . de bel. iud. l. c. . . . . p see the appendix . * schickardus jus regium . heb. p. . cunaeus de rep. haeb. p. . objection ii. x bodin l. . c. bilson . part . . 〈◊〉 an appeal to thy conscience , and many others . answer . y . sam. . . isa . . ps . . isa . . . c. . . to . joh. . . to . z ezek. . zep mat. . . act. . . * pet. . a rom. . . . b john . c littleton . sect . . & coke ib. p. . d see alb gen. de iur. bel. l . c. . . . e antiq eccles . brit. p . object . . f appeal to thy conscience , and others . answ . g see kin. . . to . chro. . . ca. . . to . isai . . h see gildas de excidio . brit. matthew west . malmsbuzy , huntingdon , and all our chroniclers . h sam . , , . i king cap. . & . * joan. ca●not . lib. . polycrat . c. . & boch●llus decreta , eccles . gal. l. . t it . cap . p. . object . . k dr. ferne , sect. , . and others . answ . * seditiones non facit , sed tollit quieversorem patriae , publicaeque disciplinae co●●cerit , vindiciae . contr . tyran . p. . object . authority . answ . l see orosius , europius , paulus diaconus , grimston , and others . m see lucas osiander enchir contr. cap. . de magistratu . polit . . n gratian distinct . . & causa . qu. . aquinas . . . qu . artic. . silu. de bello , p . grotius de iur. belli . l. . c. . sect . . p. . nicetas chro. l. . o see walsengham . hist . angliae . p. . to . q roger de hoved. annal. pa●s post . p. . to . neubrigiasis , hist . l. . c . r antiqu : eccles . brit. p. . . . e. . . stamford , f. . * see io : maior in . scot. dist . . s an appeal to thy conscience . p. . grotius de iure belli , l. . c. . sect , . p. . authority . answ . . . . t the christians then stiled julian , idolianus , pisaeus , adonaeus , tauricremus , alter hieroboam , achab , pharao , &c. nazianzen , orat. . & . in iulianum . v exodus , samuel , kings , chronicles , numbers , iudges and the booke of psalmes every where almost . . * see zozimen . l. . c. . non gentiles solum , &c. x oratio . . in iuli anum p. . authority . y appeale to thy conscience , p. , . answ . . . nota. z ps . . authority . ad demetrianum liber . c lib. . d de civit. dei , lib. . answer . e mr. goodwin his anti-cavalierisme , scripture and reason for defensive armes . . . . f see socrat. schelast . theod. niceph. eccles . hist . fox acts and monuments . tertul. apolog. & ad martyres cyprian ad martyrer . g see fox acts and monuments , vol. . passim . h nazianz. orat. . 〈◊〉 〈◊〉 〈◊〉 s joseph . amiq. ju. lib. . cap. . lib. . c. . l. c. s. dion . hist . . strabo greg. lib. . mac. . dr. heylea history of the 〈◊〉 , p. . 〈◊〉 . t francisci à carthagena regum . hisp . aeeph . c. . u hugo grotius de jure belli lib. . cap. . annos ad sect . . p. . & sect . . p. . . x see grotius ibid. . y lucas ostand . enchir. contr cap. . . z de corona militis . a surius concil . tom . . p. . tom . . p. . tom . . p. . . b apologet. c octavius . d concil . constant . . can . . surius tom . . p. . e tertul. apolog. eusebius , socrates , scolasticus , hist . . f cor. . . john . . g doctor ferni resolving of conscience , an appeal to thy conscience , the necessitie of christian subiection , &c. all plead conscience . h see part . . . p. . . bochellus deeret . eccl. gal. l. . tit. . c. . . * eochellus decret . eccles . gall. l. . tit. . e. . p. , . nich. gilles annals of france . * de potest papae in principes christ . l. . g. . k de-lure belli , l. . c. . sect . , . p. . * calvin instit . l. . c. . sect , . & in dan . v. . . o siander in epit. centur. . & . sharpii sympho . p. . , . vindica contra cyrannos . * see the ungerding of the scottish armor , ● , . . . * andin . l. iud. , . l the true difference , &c. part . . p. , , . m slcidan . . . . bish . bilsons difference , &c. part . . p . chylrae●● chron. sax. l. . p. , &c. n gen. hist . of france p , the appendix , p. ▪ . . . o dinothus hist . gal. l. p. . p fox acts & mon vol. . edit . ult . p. , , , . q fox acts & mon vol. . ed. ult . p. . to . pontaut bohemiae piae , lib. . r grimstons imperiall hist . p. , . to , , to sparsim . ſ erman . mes teranus , hist . belgica , grimsi . gen. hist . of the netherlands . * grimstons gen. hist . of the netherlands , l. . p. , . * gi princepa tyrannus est , ●ure naturali re●quis omnibus mundi principilius incumbit illi populo trannidem patienti open & cuxilium ferre ; hominum egregiorum virorum bas est vera laus , decus & benor . vasquius contro ill. . ● . r mytronimus elanca aragenens . rerum comment . p. . ● 〈◊〉 p. . f quoted by grotius de iure belli . 〈◊〉 . annos ad sect . . p. . t part. . 〈◊〉 . p. . to . x isay . . y rom. . . . thess . . . . pet. . . thursday, january . . resolved, that upon the whole matter of the report touching absent members, ... england and wales. parliament. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) thursday, january . . resolved, that upon the whole matter of the report touching absent members, ... england and wales. parliament. sheet ([ ] p.) printed by john streater, and john macock, printers to the parliament, london : . [i.e. ] title from caption and first line of text. a resolution of parliament, "that the members who stand discharged from voting or sitting as members of this house in the years , , do stand duely discharged from sitting as members of this parliament." annotation on thomason copy: "jan: :". reproduction of the original in the british library. eng england and wales. -- parliament -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no thursday, january . . resolved, that upon the whole matter of the report touching absent members, ... england and wales. parliament. d the rate of defects per , words puts this text in the d category of texts with between and defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion blazon or coat of arms thursday , january . . resolved , that upon the whole matter of the report touching absent members , the parliament doth adjudge and declare , that the members who stand discharged from voting or sitting as members of this house , in the years . . do stand duely discharged by iudgment of parliament , from sitting as members of this parliament ▪ during this parliament . and it is ordered , that writs do issue forth for electing new members in their places . ordered by the parliament , that this vote be forthwith printed and published . thomas st nicholas , clerk of the parliament . london , printed by john streater , and john macock , printers to the parliament , . mercurius publicus: comprising the sum of forraign intelligence ...[no. ( june- june )] mercurius publicus (london, england : ) this text is an enriched version of the tcp digital transcription a of text in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a thomason e _ ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]; :e [ ]; :e [ ]; :e [ ]; :e [ ], etc) mercurius publicus: comprising the sum of forraign intelligence ...[no. ( june- june )] mercurius publicus (london, england : ) muddiman, henry, fl. - , editor. dury, giles editor. newcomb, thomas, d. or , publisher. v. began with numb. ( dec. - jan. ); ceased with numb. ( - aug. ). printed by tho. newcomb, london : title from caption. subtitle varies: , "... comprising the sum of forraign intelligence"; - , "... comprising the sum of all affairs now in agitation." by henry muddiman and giles dury. cf. nelson and seccombe. printed variously by: john macock, thomas newcomb, richard hodgkinson, d. maxwell, peter lillicrap, james cottrell. description based on: numb. . numb. ( - oct. ) is a second copy of the parliamentary intelligencer for those dates, mistakenly titled mercurius publicus. thomason collection does not have complete run. reels listed in chronological order of serial publication; holdings dispersed throughout collection. reproduction of the originals in the british library. enumeration begins again at numb. annually. no issue numbered in , no issue numbered in ; chronology is continuous. eng great britain -- politics and government -- - -- periodicals. great britain -- history -- charles ii, - -- periodicals. europe -- history -- - -- periodicals. a (thomason e _ ). civilwar no mercurius publicus: comprising the sum of forraign intelligence ... [no. ( june- june )]. anon. f the rate of defects per , words puts this text in the f category of texts with or more defects per , words. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - ali jakobson sampled and proofread - ali jakobson text and markup reviewed and edited - pfs batch review (qc) and xml conversion numb. . mercurius publicus : comprising the sum of forraign intelligence ; with the affairs now in agitation in england , scotland , and ireland . for information of the people . published by order of the late council of state . from thursday june . to thursday june . . vvednesday june . . yesterday the baron of pelnitz , the master of the horse , chamberlain and colonel of the regiment of the guards of his electoral highness of brandenbourgh , and his extraordinary envoy to his majesty , had audience at vvhitehal . the master of the ceremonies went to fetch him from his house , with two rich coaches , each with six horses , and so conducted him to vvhitehal ; being brought up stairs , the vice chamberlain conducted him through a gallery full on both sides of gentlemen , unto the presence chamber door , where the earl of manchester , lord chamberlain , conducted him to his majesty , who staid expecting him there . his majesty was bare during the whole audience : his speech was pretty long , containing a congratulation upon the happy restauration of his majesty , and the expression of his 〈…〉 highnesses joy for the same . his majesty returned a very obliging answer , suitable to the affection that ●lector hath shewed unto him in former times , being the first forreign minister with credentials to his majesty that made a publick address . the audience being ended , the lord chamberlain conducted him back through the said gallery to the stairs head , the vice chamberlain to the coach , and the master of the ceremonies , with another gentleman , and the two coaches brought him home again , an honor we have not heard of conferred before on any forreign envoy , by a king of england , and now done to shew the high sentiments his majesty hath of the electors former kindness to him . monday , june . . a letter from lievtenant col. yardly , to m. thomas asht●n , chaplain to the english in jersey , was communicated to his excellency general monck , containing the sole unity of his majesties proclamation there , by his order a sta●ely sc●ffold was erected in the market place of s. hillaries town , where were present all the english officers and souldiers , and the hon●rable sir philip cartaret , and the chief of the gentry , the proclamation was in english and french , after each followed volleys of shot , and loud acclamations of god save king charles the second ; at night the ayr was lighted with bonfires , and the island thundred with the great guns , at least a hundred shots were made from them in that small place , consisting but of twelve parishes , the like rejoycing was never known there in any ones memory now living ; 't is disputable whether the english or the islanders were more cordial , or saw more signs of thankfulness , but 't is out of controversie , that his majesty hath not more loyal subjects in his dominions , their obedience being confirmed by the presence of his majesty among them after his fathers death of blessed memory , and his own miraculous deliverance at worcester fight , which so encreased their courage , that iersey was the last place lost from his majesty , being kept by the faithful and couragious sir george cartaret , until his majesty sent him an express out of france to surrender it . thursday june . upon a report from the committee of priviledges and elections concerning the return of the election for scarborough . resolved , that m. tompson is duly elected to serve as a member in parliament for that place . m. luke robinson being chosen for that place , and by former order discharged from sitting in the house , it was ordered that a new writ issue for the electing of a new burgress to serve in his stead . upon report concerning the election of the borough of northampton . resolved , that sir john norris and m. rainsford , are duly elected for that place . m. carew , one of the tryers of the late king , being brought up , and delivered to the speaker , and by him committed to the serjeant at arms , the house approved of his commitment . m. speaker acquainted the house , that the lord monson came with his keeper from the fleet , and surrendred himself to him according to his majesties proclamation ; whom the speaker finding to to be a prisoner upon execution , remanded back to the fleet , which the house approved of . m. speaker acquainted the house , that major general ludlow had rendered himself : whereupon it was ordered , that he be committed to the serjeant at arms . the house referred it to a committee , to state the accompts of all such who have provided necessaries in order to his majesties reception ; and to give warrants for their satisfaction out of the l. charged upon the bill of assessement for that purpose . upon report of amendments to the bill for confirming of priviledges of parliament and the fundamental laws , they were agreed unto , and the bill ordered to be engrossed . the bill for pole-money was read the second time , and ordered to be committed to a grand committee of the house , and that the house be in a grand committee to morrow morning for that purpose . london . this day the several aldermen and other citizens of london , waited upon their highnesses , the duke of york and duke of glocester , to desire them to honour the city with their company at dinner at guild-hall , on the day his majesty had appointed to dine with them ; going to the house of lords , thence to the house of commons , whom they also invited the same day : who were pleased to accept of the invitation , and return their thanks for the cities respect to them . westminster , thursday june . . ordered by the lords and commons new asse●●led in parliament , that one subsidie called tonnage●nd one other subsidie called poundage , and those other duties called or known by the name of new-impost , shall continue to be paid after the rates , rules ●nd proportions by which they are now due and payab●● , and upon the same goods and merchandizes whereupon the same are now levied and collected , until the th of iuly , which shall be in the year of our lord , ; before which time , one act is intended to be passed for the settlement and regulation thereof . ordered by the lords and commons now assembled in parliament , that the imposition of excise shall continue to be paid after the rates , rules , and proportions by which the same is now due and payable , and upon the same goods and merchandizes , whereupon the same are now levied and collected , until the twenty fourth of iuly , which shall be in the year of our lord , one thousand six hundred and sixty , before which time , one act is intended to be passed for the settlement and regulation thereof . friday , iune . at the house of lords . the house of lords having received a message from the house of commons to desire their concurrence in ordering l . part of the l . formerly conferred by the parliament on the lord general monck . to be paid out of the ordinance of assessment for l . per mensem , their lordships agreed thereunto . at the house of commons . upon report made of amendments to the bill of general pardon and oblivion , the amendments were agreed unto and the bill ordered to be engross●d . the bill is to extend to the th . of iune , . resolved , that mr. burton be one of the twenty excepted out of the general act of indempnity and oblivion to suffer such pains , penalties , &c. and now in the custody of the serjeant , have liberty to attend his occasions , upon security given to the serjeant at armes to be forth coming when he shall require him thereunto . the bill for setling judicial proceedings was ordered to be read to morrow morning . the ●ule resolved to be in a grand committee at three of the clock in the afternoon , which was done accordingly . saturday , iune . a petition of lancelot emmet and others was read and referred to a committee . ordered , that the house be in a grand committee on monday next at three of the clock in the afternoon to consider of a bill touching the court of wardes . ordered , that the committee who are to consider of ministers livings do meet this afternoon , and so de die in diem , and that they speedily report the same . resolved , that the house be in a grand committee on munday next to consider of poll-money . upon report made upon examination of the accompt of richard blackwell , john sparrow , and humphry blake , that there was due to the state from them for arrears of prize-goods , from the year . to the year . . s. d. ¼ . it was ordered , that it be referred to the lords commissioners of the treasury , to take speedy course for the calling of the said richard blackwel , iohn sparrow , and humphry blake , to an accompt in the exchequer , and that they be proceeded against . the bill for satisfaction of purchases was read , and ordered to be read again . the house resolved , that the queens majesty shall be restored to the possession of these houses , mannors and lands following , being part of her majesties joynture , and purchased by such persons whose estates are lyable to forfeiture , viz. mannor of old-court , purchased by m. edwards . mannor of richmond , with house and materials , puchased by sir gregory norton . egghant purchased by captain john blackwel . mannor of ampthil , and mannor of milbrooke , purchased by col. okey . mannor of somersham , with the chase and pa●k , mannor of crowland , part mannor of spalding , purchased by col. wauton , and adrian scroop . part of the mannor of eastham , purchased by m. blackwel . mannor of west-walton , and mannor of trington , purchased by ed. whaley . honour and mannor of eye , purchased by m. dendy . non-such great park and materials , purchased by col. pride . non-such house and park , purchased by col. lambert . resolved that sommerset house and greenwich , be likewise forthwith restored to the possession of her majesty , and that all arrears of rent be paid unto her majesty , unto such persons as her majesty shall be pleased to appoint to receive the same . ordered , that the house be in a grand committee on munday 〈…〉 poll-money . whitehall on fryday , the right honourable the earl of winc●else● , with s●●e oth●r ●●●tlemen , presented an address to his sacred majesty , sub●●●●● by 〈…〉 nobility and gentry of kent , wherein they express their great joy 〈…〉 majestie●●ration to his people ; as also their constant loyalty and heart● affection to his majesty . his majesty was pleased to 〈◊〉 them tha● 〈…〉 journey through that c●●●ty he had sufficient evidence of the 〈◊〉 of the pe●p●e ; and 〈…〉 of his gracious favour to them upon any occasion that 〈…〉 . the same night his majesty , with his two r●yal b●o●●●s , and several of 〈◊〉 n●bility , were highly entertained a● supper by the lo●●lu●●l●y . saturday being appointed by his majesty to ●●uch such as were troubled with the evil , a great company of p●or affl●cted crea●ures were 〈◊〉 together , 〈…〉 chairs and f●askets , and being appointed by his maj●sty 〈…〉 to the banqu●ting-house , his majesty sat in a chair of sta●● , where he st●ok'd 〈…〉 we 〈◊〉 to him , and then put about each of their n●cks a white r●bb●n with an a●●●● o● gold on it . in this manner his majesty stroak'● abov● ●● and such was his 〈◊〉 p●●ience and tenderness to the poor affl●cted creatures 〈…〉 took up a 〈◊〉 long time , his majesty being never weary of wel-doing , was pleased to make enqui●y w●ether there were any more that had not yet been touch'd . a●ter prayers were ended , the duke of buckingham brought a towel , and the earl o●pembrook a baso● and e●er , who after they had made their obeysance to his majesty , kneeled down till his m●jesty had washed . westminster . on satarday , several gentlemen of the long robe were made serjeants of the coi●e . they came out of the common p●eas treasu●y , in●o westminster hall , and stood over against the common pl●as court , serjeant glanvil , and serjeant littleton , brought them to the bar according to the usual form , the wa●den of the fleet , and u●her of the exchequer walking before them . the names of these made serjeant● are , sir tho. widderington , serj. brown , serj. gly● , serj. earle , serj. bernars ▪ serj. hales . serj. twisden , serj. maynard , serj. new●igate , serj. windham , serj. fountain , serj. syse , serj archer , serj. waller . venice , may ● . . after so many several reports of the enterprise of generalissimo morosini , we hear by letters from him to the senate , that having retired his forces from about negroponte , the fort whereof would have kept too long his army , he hath upon a sudden fallen upon the isle of s●atto , not ab●ve miles distance from the other , and before the enemies could recover themselves , did so vigorously assault the castle , that notwithstanding the resi●tance of those within , he took it two days after , wherein he found pieces of ordnance , with prov●sions for a moneth for his whole army . thus his design was to demolish it , that he might hereafter so much the more easily get the contributions of that isle . we hear from constantinople that the grand signior is yet at andrinople , where he doth remain by the advice of the divan , to hasten the march of the forces designed against prince ragotski . that the first vizier is returned thither from belgrade , hoping the change of air will much contribute to the recovering of his health ▪ and that the grand signor never missed a day without giving him a visit , and asking his advice upon his affairs . in the mean while , having need of all his forces , upon an enquiry into the state of his militia in pay , he hath found f●ot and horse , besides his ordinary guards , which are above men , with gallies , mahones , great ships and many small ones . the letters say further that the said grand signor seemed to be very much troubled for the peace between france and spain , not doubting but that his empire , which useth to take advantage of the division among the christian princes , will suffer by their re-union . and indeed , besides the gallies of the pope , the of maltha , and the of the great duke of tuscany , which have been seen about corfeu and zante , going to joyn with our fleet , we hear that the french ships , carrying forces thither , were not very far . we hear by a ship come from the said isle of zante , that three french private men of war , under the commissions of maltha , having lately faln in the seas of rhodes , upon a sultana going from alexandria towards constantinople , as a convoy to some saicks , took the third sultana , and two of the saicks , having killed two hundred turks , who defended themselves very resolutely for five houres together . that prize , valued above crowns , hath been carried to maltha . st. john de luz , june , . besides the particulars mentioned in my last , concerning the last ceremonies of the kings marriage , i have these following to adde , that you might have a perfect account of that extraordinary occasion . the church of this place having been prepared before with all possible pomp for such an august solemnity , all the court repaired thither about noon , by a bridge made purposely from the queen mothers lodgings to the said church , whereof both sides were guarded by a double file of the french and switzers guards . the kings musquetiers on horseback , were in the middle of the place before the kings house , all in new and rich cassecks . the company of the archers of the grand provost of the king's houshold went before , then that of the switzers , the kings footmen , the pages of the great and small stables in great number ; those of his majesties bed-chamber , all in new and magnificent liveries , and several grandees in black clothes , with cloaks lined with golden stuffs , and laces black mingled with imbroidery of gold . then came alone cardinal mazarine , gentlemen of the ordnance , round about him . after him came the king richly apparelled , and marching in great majesty between the marquis of peguillen and the marquis of humieres , and two gentlemen of his chamber on each side . the marquis de charost , captain of the guards followed him , with two of the said guards . then came the queen with her retinue , after the manner expressed in my last . the queen mother came after , very joyfull of the occasion of the ceremony of that day , to which she contributed most of all . she was led by her knight of honour , and one of her gentlem●n ushers , the countess of flex her lady of honour carrying her train . madamoiselle followed , having her train carried by m. de mancini . the ladies and maids of the two queens closed the march , being followed by the queen mothers guards : abundance of trumpets were blowing all the while . the ceremonies of the church you had in my former letters , as also the particulars of that days ceremonies at home . the next day , their majesties went to the recollects church to their devotions , and about night went to take the air by the sea-side . the same day , the cardinal mazarine had another conference in the isle with don louis de aro , about the remaining differences of some of the allies . the . the popes nuntio , the ambassadors of venice , the resident of genoa , the envoy of their royal highnesses of s●voy , and the deputies of the parliament and chamber of accounts of pau● , being conducted by mr. de chabenas-bonnevil , had audience of their majesties . mr. akakia hath brought hither the treaty of peace between swedeland and poland , to be ratified by the king , as mediatour between those two crowns . to morrow their majesties are to depart from hence for bayonne ; from whence the next day to aix , and from thence through the little lands to bourdeaux . marseille the of june . the instant two gallies coming from italy came to our iles , carrying into spain the prince ludovisio . they went from thence the following ; and the same day the duke of mercoeur came hither from aix to hasten the work of our cittadel , having sent hither before above new workmen . amsterdam the of june . the instant the princess royal , and the prince of orange her son came hither , and were received by our inhabitants ; of whom companies under their arms and richly apparelled , the foot of our ordinary guard , and all our young men were gone out to meet them , and brought them in with a great co●tage of coaches , and chariots of triumph prepared for their reception . all our great guns were shot off , and answered by the artillery of above ships in our port : since that time there hath been nothing here but feastings and rejoycings , either publick or private , whereof the most considerable inhabitants of the neighbouring towns , who came hither purposely , have been partakers . the peace between sueden and denmark is confirmed ; all europe seeming now to have shaken off the war to imbrace the peace this province following their example hath already consented to an accomodation with portugal . paris the of june . yesterday the te deum was sung here in the church of our lady for the happy accomplishment of the kings marriage . the chancellor with the whole council of the king , the parliament , the chamber of accounts and the court of aids having been summoned to be there by the kings order , delivered them by m. du pin , aide of the ceremonies , were present thereunto , with the body of the officers of this city , and an infinite number of persons of quality . at night the bonfires were made every where in our streets , and all our windoes were full of lights , and our cannon spoke our joy by break of day . we hear that the court arrived at bayonne the instant , and was to go the next day for bourdeaux . the the prince arrived here from bourdeaux , where he hath left the court . he hath been but three dayes upon the way . stockholm the of may . nothing is ye● concluded in the treaty with the grand duke of muscovy : the chief of our embassy to him , the lord beng horn is returned hither some five dayes since to take new orders of the young king ; and we hear that likewise the russian commissioners are gone to their master upon the same account : but we hear the said grand duke will not hearken to restore such places as he hath lately taken in liffeland , although he hath heard of the conclusion of the treaty between this ●rown and poland . on our side we are resolved never to yield unto that , nor relinquish our right to those places . the embassador of the said duke that was here , hath been dismist presently upon the advice hereof , he being thought to be only here as an honourable spy. ba●ks are here ready to transport our army to nerve upon the borders of mosco●y , to be ready in case of a breach , which is thought to be like to insue upon this between this crown and that duke . advertisements of books newly printed and published . ☞ a chronicle of the kings of england , from the time of the roman● government , unto the death of king james . containing all passage● of state and church ; with all other observations proper for a ch●onicle ▪ f●●thfully collected out of authors an●ient and modern● and digested into a new method . by sir richard baker , knight . whereunto i● 〈◊〉 added in this third edition , the reign of king charles the first , with a continuation of the chronicle , to the end of the year mdclviii . christ all in all . o● several significant similit●des by which the lord jesus christ is described in the holy scriptures . being the substance of many sermons preached by that faithfull and usefull servant of christ , ralph robinson , pastor of mary toolnoth , london . the second edition corrected and enlarged in quarto . both sold by tho. ●illiams at the bible in little-brittain , without alders-gate . honor redivivus ; or , an analysis of honor and armory . by matthew carter e●quire . poems , viz , . a panegyrick to the king. . songs and sonnets . . the blind lady , a comedy . . the fourth book of virgil . . statius his achillets , with annotations . . a panegyrick to general monck . by the honorable sir robert howard . a panegyrick to the king . by his majesties most humble , most loyal , and most obedient subject and servant , thomas higgons . ast●ae● redux , a poem on the ha●py restoration and return of his sacred , majesty charles the second . by john d●den . ode , upon the blessed resto●ation and return of his sacred majesty charles the second . by a. cowley . a poem upon his sacred majesties most happy return to his dominions . by william dave●ant . all six sold by henry ●erringman at the sign of the anchor on the lower walk in the new exchange . ΑΝΑΛΥΣΙΣ : the loosing of s. peter's bonds ; setting f●●th the true sense and solution of the covenant in point of conscience , so far as it relates to the government of the church by ep●scopacy . by john gauden , d. d. sold by a●●rew crook at the green dragon in pauls church-yard . ☞ there is newly come forth a very seasonable and useful piece of primit●v● d●●c●●●n● in the feasts and fast of the church of england ; consisting of prof● , poems , prayers and sculptures on the several occasions ; dedicated to the king : by edward spark b. d. and are to be sold ready bound or in quires , by octavian pullen at the rose , or tho ▪ d●●ver at the bisho●s head in s. pauls churchyard ; as also by edward ecclestone right against the red cross in sea●coal lane , and by john homersh●m in jerusalem court on flee●stree● ; the said books being five shillings in quires and but of them . advertisements of books newly printed and published . ☞ englands season for reformation of life : a sermon preacht at st. pa●● church on the sunday next following his majesties restauration . by tho. pier●● rector of brington . an ●r●ar●●al ●nquiry into the nature of sin , in answer to mr. hickman ; with a postcript to●ch●ng some late dealings of mr. baxter , by the same author . both sold by timo●hy garth wait at the north door of s. pauls . beams of former light , discovering how evil it is to impose doubtfull and disputable ●orms or practises upon ministers , especially under the penalty of ejestion for non conformity unto the same ; as also something about catech●zing . by mr. philip ny● . sold by adoniram byfield , at the three bibles in cornh●l , next popes head alley . le prince d'amour : or the prince of love ; with a collection of several ingenuous poems and songs : by the wits of the age . sold by william l●●k at the crown in fleetstreet , betwixt the two temple gates . advertisements . ☞ a smooth black dog , less then a grey-hound , with white under his breast , belonging to the kings majesty , was taken from whitehall , the eighteenth day of this instant june , or there about . if any one can give notice to john elles one of his majesties servants , or to his majesties back-stairs , shall be well rewarded for their labour . a brown bay mare , blind of one eye , stolen from weston in the thistles , in the county of warwick , on the of june instant . give notice to mr. john andrews at the white horse in dairy-lane , or to the swan at shipton upon stower , and receive a good rewa●d . ivne . stolen out of pasture near stratford by bow , a bay nag , with a frizled tail , no ●hite , peel'd in the face , the hair being off , trots and paces , thirteen handfull high six years old . also a ●hite grey nag , t●ors all , clorded about one eye , about twelve handfull high , nine year old . if any one can give notice at the sign of the cross-keys in holborn , or at the post house in london , shall be well rewarded for their pains . munday , june . . resolved by the commons assembled in parliament , that no person whatsoever do presume at his peril to print any votes or proceedings of this house , without the special leave and order of the house , w. jessop clerk of the commons ho●se of parliament . hamborough june . . in consequence of the peace between the two northern kings , the prisoners of war at gluckstrade have been released by order of the king of denmark ; and among other the prince of anhalt , and the lieutenant general horne , who are since arrived here . by letters from coppenhagen of the instant , we hear that the suedes are gone from the leagure before that city , from whence two ships had been sent to the i le of falster to ship them away . the lord hannibal seestede , and the lord slinglandt are sent into suedland ; the first from the king of denmark , and the second from the states general of the united provinces ; not only to condole the death of the late king of sueden , but also to congratulate the coming of the present king to the crown . the suedish army lyes still in zealand , expecting the orders from the suedish court for their next imployment . the allyed forces in jutland and holstein do still lye there , and nothing is yet given out of their marching away . the peace hath been published in the dukedome of bremen . from edenburgh , june . out of the affection i have for you , i have with every conveniency acquainted you with what passeth here worthy of your knowledge or observation , and at this time especially , i have made bold to borrow a few minutes from the publick solemnities , to give you that in brief which we are celebrating with that splendor and affection and unfeign●d tokens of joy , that the like hath not been seen before in this nation ; for great and wonderfull is the lords work of deliverance in that day when we expected to be overturned with confusion , and covered with desolation . the magistrates of this city and our presbytery , being most sensible of the great mercy received , did appoint this the day of their publick thanksgiving to god for his signal love and kindness shewed to them , in investing our most gracious soveraign with his thrones of england and ireland , and for restoring him to his government over this his ancient nation , that for twenty hundred years hath flourished under the scepter of his royal ancestors . and have given notice of this their resolution to all the burghs and p●e●byte●ies of scotland , desiring their concurrence , that as their cause is , so their joy may be universal : our ministers in their sermons with so much fervency and passionate expressions delivered what great kindness the lord had for us , in restoring to us our good king , that it hath not been observed that at any time their e●●●●tations have b●en entertained with such attention , and so plentifull tears , by their audito●y . the english officers of state and warre observed the thanksgiving with no less joy and devotion after sermon , and after we had all dined together , we all marched from the council-house to the cross , in this order , the town council in their gowns , with their trumpets sounding before them , went first , then two bailies before the english commissioners and officers , and two behind them went next ▪ the provost all alone before the scots nobility and gentry that are in town , and two bailies with the dean of gild and thesaurer followed after . their guards , neer six hundred citizens in comely apparel , armed with swords and partisans , the cross was covered with artificial vines loaden with grapes , both good cla●et wines plentifully springing out from all its channels . on its heads a baccus bestradling a hogshead with two or three satyrs , did with their mimick g●stures and jests entertain the beholders . a little below the cross , within a rail was errected a scaffold six foot high , on which was placed a large table covered with a rich banquet served up in glass , and representing divers forms and devices as his majesties arms , the arms of the city ; and divers exotick trees vvere raised , loaden with their leaves and fruits , &c. the table being surrounded with above one hundred persons of eminency . the musick and breaking of glasses vvere seconded by three general vollies of the horse and foot , vvho received as handsome ansvver from the great guns of the castle , ci●adel and ships in the road ; and all were ec●hoed by joyful acclamations of the people . after this the forces drew off , affording the civilities of view to the people , amongst whom the dishes and banquet were hurled , and so arose and marched down to the piazzo of the palace of holyrod house , fi●st the commissioners , nex● the mayor general with his army , and after them the city magistrates with their guards ; whence after the masket had saluted them there with divers vollios , and had ●●ceived a retu●n from the great guns of the castle citadal and sea , as formerly they marched back again quite thorough the city up to the cast●e-hill , from w●e●●e every one part returned to spend the rest of the evening with their friends in mirth and mutual joy and entertainments . but now begin in the bells and the fire-works , therefore i must be gone to assist in the dances of our magistrates and ci●izen abou● the bonefires , and on my knees to remember the health of my soveraign and his loyal kindred , and the prosperity of his excellency and all those heroes and no●●les who have been instrum●ntal , or do rejoyce with us in this our great deliverance and happiness . d●e sabbati , junii . . ordered by the lords in parliament assembled , that all the tyths , gleb●s , and other profits of , or belonging to the rectory of a. b. in the county of d. c. and other ecclesiastical living or benefice of a. b. who hath been sequ●stred or ejected without due course of law , in or since the time of the late warr , be by authority hereof stayed and secured , in the hands of the church-warden , or over-●eers to the poor of the said parish , untill the title of the said ●equestred a. b. and the present possessor thereof shall be determined by the further order of parliament , or eviction by due course of law . jo. brown clerie : parliamentorum whitehal whitehall . his sacred majesty , but of a sence of the high deserts of col. john covert u● glaug●am , in the county of suffex , ( who formerly served in the army of his ●●●e majesty of ever blessed memory with much courage and fidelity , and 〈◊〉 since that , notwithstanding the cruelty of his enemies , and their persecuting of him for continuing his allegiance to his present majesty , still remained unshaken in his resolutions to perform his duty , for which he was by oliver cromwell imprisoned in the tower ) was graciously pleased first to knight him , and then give him a patent for baroner . his majesty conferred the honour of knighthood on william poult●ty , a person that ever had a great civility for all that were for the royal cause , and a loyal heart for his majesties service . col. roger mostyn is made gentleman of the privy chamber to his majesty to enjoy all priviledges , &c. on munday , the right honourable the earl of shrewsbury presented to his majesty an address of the nobility and gentry of the county of worcester enti●u●ed . to the kings most excellent majesty , the humble address of the nobility and gentry in the county of worcester . the address was subscribed , tho. windsor , tho. coventry , will . russell , and above fifty others . his majesty returned them his hearty thanks , telling them , he was well assured of their loyalty and affection , and should ever have a good esteem of them . one payne , formerly a messenger of oliver cromwell , is secured ; there being information against him , that he was the executioner of that execrable m●●der of his late majesty . on monday serjeant atkins , a person of knowen integritie and great learning in the law , sate baron of the exchequer . it being prohibited by the house of commons , upon the miscarriage and abuses of some idle pamphletters , that any of the votes of that house should be printed without special order , the reader is desired to excuse us , if in obedien●e to them we cannot yet give him so full satisfaction . books from the office of intelligence having formerly given you an account that mr. scot , one of the late pretended high count of justice for trial of his late majesty was brought to westminster ; i must confess , though enquired of by many , i could not give satisfaction therein , being tender to gainsay any thing i did not well know , especially in a matter concerning mr. scot , with whom that pamphl●●ter formerly kept such constant intelligence ; till meeting with a near relation of his , i was informed that he was at brussels , where he had tended himself to sir henry de v●● , till his majesties pleasure should be further known concerning him ; laying himself now at last at the feet of his majesties mercy as his onely security . from ireland we are certified , that there are yet some unquiet spirits amongst them , which do endeavour to bring that nation again into confusion , as may appear by a letter lately taken , of dangerous consequence ; the intent of it is to stir●● to a new war . but being by providence so early found out , their plot is doubtless quite spoiled . for such is the prodence and valour of the persons intrusted with the management of affairs in that nation , that we need not fear , had they headed , much less now the design●s discovered . london , printed by j : macock , and tho. newcomb , . the speech of sr. harbottle grimston baronet: speaker of the honorable house of commons, to the kings most excellent majesty. delivered in the banquetting-house at whitehal, may. . the members of that house being there present. grimston, harbottle, sir, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing g thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) the speech of sr. harbottle grimston baronet: speaker of the honorable house of commons, to the kings most excellent majesty. delivered in the banquetting-house at whitehal, may. . the members of that house being there present. grimston, harbottle, sir, - . england and wales. parliament. house of commons. p. printed by edward husbands and thomas newcomb, printers to the commons house of parliament, london : . in this edition a r first line of heading ends "harbottle". annotation on thomason copy: "may ". reproduction of the original in the british library. eng great britain -- politics and government -- - -- early works to . a r (thomason e _ ). civilwar no the speech of sr. harbottle grimston baronet: speaker of the honorable house of commons, to the kings most excellent majesty.: delivered in grimston, harbottle, sir c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion the speech of sr. harbottle grimston baronet speaker of the honorable house of commons , to the kings most excellent majesty . delivered in the banquetting-house at whitehal , may . ▪ the members of that house being there present . london , printed by edward husbands and thomas newcomb , printers to the commons house of parliament . . the speech of sir harbottle grimston baronet , speaker of the honorable house of commons to the kings most excellent majesty , delivered in the banquetting-house at whitehal may , . the members of that house being then present . most gracious and dread soveraigne , if all the reason and eloquence that is dispersed in so many several heads and tongues as are in the whole world , were conveyed into my bra●ne , and united in my tongue , yet i should want sufficiency to discharge that great task i am now enioined . the restitution of your majesty to the exercise of your just and most indubitable native right of soveraignty , and the deliverance of your people from bondage and slavery hath been wrought out and brought to pass , by a miraculous way of divine providence beyond and above the reach and comprehension of our understandings , and therefore to be admired , impossible to be expressed . god hath been pleased to train your majesty up in the school of affliction , where you have learnt that excellent lesson of patience so well , and improved it so much for the good of your people , that we have all just cause for ever to bless god for it , and we doubt not but your name is registred in the records of heaven , to have a place in the highest from amongst those glorious martyrs of whom it is reported , that through faith in christ and patience in their sufferings , they converted their very tormentors , and conquered those barbarous bloody tyrants , under whom they then suffered , insomuch as they themselves were many times inforced to confess and cry out , sat est vicisti gallilaeus , they had their ( vicisti ) and that deservedly , but your majesty must have a treble ( vicisti ) for with the same weapons , faith and patience , you have overcome and conquered the hearts and affections of all your people in three great nations , the hearts and affections of all that are worthy the name of good christians or reasonable men . 't is god and god alone to whom be the glory , that hath made your majesty so great a conqueror , indeed your conquest is incomparable , no story can instance the like , or furnish us with an example to paralel it withal ; 't was a use and custom amongst the romans , when any of their commanders had done eminent services abroad , at their returns , to honor them with triumphs , and rideing through their streets , there they received the praises and applauses of the people , with this inscription upon their laurel crowns , ( vincenti dabitur ) but your majesties victory is of another nature , and as it differs much from theirs in the quality of it , so your triumph must differ as much from theirs in the manner of it ; they conquered bodies , but your majesty hath conquered souls ; they conquered for the honor and good of themselves , but your majesty hath conquered for the honor and good of your people ; they conquered with force , but your majesty hath conquered with faith ; they conquered with power , but your majesty hath conquered with patience , and therefore god himself hath written your motto , and inscrib'd it upon your royal crown ( patienti dabitur ) their triumphs were in narrow streets , but your majesties triumphs must be in large hearts ; their triumphs lasted but for a day , but your majesties triumph must last for all your days , and after that to triumph in heaven to all eternity . i have read of a duke of burgundy , who was called carolus audax , the historian tells us that his father was called carolus bonus , an observator hath this note upon it , that goodness doth ever produce boldness ; sir , you are the true son of such a good father , and so long as you serve our good god , he who is goodness it self , will give you boldness , a princely vertue , and the best foil your majesty can use to set out the true lustre of all your other most eminent and lovely graces . most royal soveraigne , i have yet a few words more , and to doubt your patience , who is the mirror of patience , were to commit a crime unpardonable , and fit to be excepted out of that act of olivion , which your majesty hath so graciously tendred unto your people ; therefore with an humble confidence i shall presume to acquaint your majesty , that i have it further in command to present you at this time with a petition of right , and humbly upon my bended knees to beg your royal assent thereunto . sir , it hath already passed two great houses , heaven and earth , and i have vox populi and vox dei to warrant this bold demand . it is , that your majesty would be pleased to remove your throne of state , and to set it up in the hearts of your people , and as you are deservedly the king of hearts , there to receive from your people a crown of hearts , sir , this crown hath three excellent and rare properties , 't is a sweet crown , 't is a fast crown , and 't is a lasting crown ; 't is a sweet crown , for 't is perfumed with nothing but the incense of prayers and praises ; and 't is a fast crown , for t is set upon your royal head , by him who only hath the power of hearts , the king of kings ; and 't is a lasting crown , your majesty can never wear it out , for the longer you wear this crown , it will be the hetter for the wearing , and it is the hearty desires , and most earnest prayers of all your loyal , loveing and faithful subjects , that you may never change that crown till you change it for a better , a crown of eternal glory in the highest heavens , and the lord say amen . finis . treason arraigned, in answer to plain english; being a trayterous, and phanatique pamphlet, which was condemned by the counsel of state, suppressed by authority; and the printer declared against by proclamation. it is directed to the lord general monck, and the officers of his army, &c. l'estrange, roger, sir, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing l a thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) treason arraigned, in answer to plain english; being a trayterous, and phanatique pamphlet, which was condemned by the counsel of state, suppressed by authority; and the printer declared against by proclamation. it is directed to the lord general monck, and the officers of his army, &c. l'estrange, roger, sir, - . [ ], , - , - , [ ] p. [s.n.], london : printed in the year, . by sir roger l'estrange. annotation on thomason copy: "april ". reproduction of the original in the british library. eng england and wales. -- council of state -- early works to . treason -- england -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason e _ ). civilwar no treason arraigned,: in answer to plain english; being a trayterous, and phanatique pamphlet, which was condemned by the counsel of state, s l'estrange, roger, sir f the rate of defects per , words puts this text in the f category of texts with or more defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - john latta sampled and proofread - john latta text and markup reviewed and edited - pfs batch review (qc) and xml conversion treason arraigned , in answer to plain english ; being a trayterous , and phanatique pamphlet , which was condemned by the counsel of state , suppressed by authority ; and the printer declared against by proclamation . it is directed to the lord general monck , and the officers of his army , &c. london , printed in the year , . an advertisement to the reader . taking notice of a pestilent and seditious pamphlet ; entitled plain english , &c. which is grown too publique , notwithstanding the utmost care and prudence of the counsel of state , and the magistrates of the city , imployed to suppresse it ; i thought it my duty to unmasque the designe ; to prevent further mischiefs ; which might arise , from the mistake , either of the scope , or reasonings of it . i should rather have printed my reply , single ; and only quoted , what concerns my purpose , but for these reasons . first : that infamous paper , is already dispersed ; and the reprinting of it , with these remarques upon it , i hope , will not endanger the most partial or weak person , into whose hands it falls . next , i suppose it a more equal , and impartial way , to subject both at once ; as liable to to a more strict examination . the declaration ( which hee draws out at length ) is neither my concern , nor subject . the text , is all my businesse , and the extent of my design , is , honestly to serve my country . to his excellency the lord general monk , and the officers of the army under his commaud . my lord and gentlemen , it is written , the prudent shall keep silence in an evil time ; and 't is like , we also might hold our peace , but that we fear a knife is at the very throat , not only of our and your liberties ▪ but of our persons too . in this condition , we hope it will be no offence , if we cry out to you for help ; you that ( thr ugh gods goodness ) have helped us so often , and strenuously maintained the same cause with us , against the return of that family which pretends to the government of these nations . it is the publick interest and yours , that we hitherto fought for , and for which we now plead ; therefore we insist upon it with the greater confidence before you , because we are all equally concerned in the good or ill of your transactions : we cannot yet be perswaded , though our fears and jealousies are strong , and the grounds of them many , that you can so lull asleep your consciences , or forget the publick interest , and your own , as to be returning back with the multitude to egypt , or that you should with them be hankering after the leeks and onions of our old bondage . though it were possible you should forget , yet certainly god will not , all the injuries and oppressions done by that family to his church and people in these and other nations : though the inscription [ exit tyrannus ] which was fixed over the place where the statue of the late king formerly stood at the exchange , hath been blotted out by the rabble , yet it is written with the pen of a diamond in the hearts of many thousands , and will he so hereafter in the adamantine rolls of fame and history . no matter then , though the prophane vulgar take a liberty to proclaim him both saint and martyr in the midst of there bon-fires , and their tipple . all the good fellows were ever at his devotion , because he was for theirs , and commanded it to be observed upon the sundays . but to the ▪ end it may be better known how goood a king , and how great a saint he was , we have taken the boldness at this instant to offer you an accompt of some part of the transactions during his reign : & because there are too many in the city who wait the good time to re erect his statue , we desire in the fi●st place to present you his picture , as it was drawn by a good hand , the parliament , in the year . at which time it was resolved upon the qu●stion joyntly by the lords and commons in parliament ass●mbled , that they would make no further addresses or applications to the king , or receive any message from him . treason arraigned , in answer to plain english , &c. some two dayes since , came to my view , a bold , sharp pamphlet , call'd plain english — directed to the general , and his officers , &c. — it is a piece , drawn by no fool , and it deserves a serious answer . — by the d sign ; — the subject ; — malice , and the stile ; i should suspect it for a blot of the same pen that wrote iconoclastes . it runs foule ; — tends to tumult ; — and , not content , barely to applaud the murther of the king , the excrable author of it vemits upon his ashes ; with a pedantique , and envenom'd scorn , pursuing still his sacred memory . betwixt him , and his brother rabshakeh , i think a man may venture to divide the glory of it ; it relishes the mixture of their united faculties , and wickedn●sse . as yet , 't is true ; the hand is somewhat doubtfull to us ; but the drift , — certain : and 't is as clear from whence it first mov'd , as to what end it tends . it speaks the rancour , and the interest of the rump ; be the contrivance whose it will ; and , beyond doubt , it was written by some mercenary to the faction ; and that , by their direction , and appointment . 't is too malicious , for a private passion ; and too dangerous , for one that writes not , either for bread , or life . take it in gross ; 't is an alarm to all the phanatiques in england ; couch'd under the specious notion of an appeal to the general , and his army , asserting , to all purposes , the interests ; and justifying the horrid practices of the regicide-party . — it remonstrates ; — expostulates ; — tempts ; — threatens ; — flatters ; — begs ; — prevaricates : and by all artifices , toward all humours , it moulds it self into an application suitable : — only upon the blood , and family of the late king ; it lashes out into an impious , and inhumane fury , sufficient to disgrace , the sober ( in comparison ) promoters of his death ; and to startle their very consciences , that spilt his blood with pleasure . nor does the brutish rebel only quitt the man , in point of tendernesse ; his rage against the royal line , disturbs his reason too . ( otherwise smooth enough to delude such as are not very well aware of him ) whether it be the agony , and horrour of a wounded soul , which thus transports him ; or that , in these excesses , he only p●rsonates the last convulsions of a heart-broken faction ; — it matters not : thus much we may collect from his distempers ; that rabble is , at this instant , upon a combination , to tumultuate the army , and the people , and such as will not share the guilt of their conspiracy , they labour to engage within the reach , and danger of it . that we may better understand what they design , wee 'll see a little what they say . this pamphlet speaks the sense of the whole gang ; and throughly examined , will discover the frame , and the extent of their lewd purposes . i look upon 't as an affront to christianity , and to reasonable nature ; so scandalous ; i vow to god , in favour meerly of humanity , i would suppresse it , were no more copies extant of it : but 't is too late for that . the countries are already furnish'd ; and the town yet full of them ; ( the singular , and early care of the publique magistrate to hinder it , notwithstanding ) so that it rests now , only to lay open the vile interests of this bloody faction , and antidote the people against the danger of their pestilent infusions . let time produce the author ; ( if it be lawfull to prophane the light with such a monster ) the matter only of this licentious paper must be my subject . if wee must never be quiet , till these people think themselves safe , we must stay , till divine justice is dissolved ; — till they believe the word , and power of god , a fable ; — till they can lay that devil , conscience ; — and blot out of the table of their memoryes , all their presumptuous outrages , both against heaven , and earth ; — till they can quench those raging horrours which exagitate their souls ; — remove those hideous fantômes , that ( whereso'ere they fly ) pursue them , with the images of those they have murther'd , bleeding afresh : and when they think to turn away their looks from the dire object , to the other side , they meet with a remembrancer , that minds them of their sacrilege , and treason , and then they start again , another way ; and there , they meet a sword drawn , to revenge their perjuries . in fine , their injuries are of a large extent , and such , by consequence , must be their feares , ( while they persist in their impenitence ) in this distresse , rather of thought , than danger ; of terrour from within , rather than violence , without ; they do well , to implore the general's help , to save their lives , that would have taken his : especially , obliging him ( in surplus ) with this additional respect : that they have made him free of the fanatiques ; — embarqued him in the same bottom with themselves ; — and finally , involved the honour , and the saver of his country , in common , with the blemish , and the pest of all mankind . say , — milton ; nedham ; either , or both , of you , ( or whosoever else ) — say ; where this worthy person , ever mixt with you ? ( that is ; you , — or those that employ you , and allow you wages ) more , than in order to those very purposes , to which he still adheres , and from whence , you recede . the return of that family , which pretends ( as this tumbler phrases it ) to govern us ; nor was , nor is the question . the publique interest , that he fought for , and you swore to ; — was the preserving of our birth-rights ; — the good old laws ; — his majesties regal authority ; — the privileges of parliament ; and — ( read the old declarations ) not to maintain a canting faction in the army ; — a py-bald ministry ; — or which amounts to all ; — the residence ; — the errata's of an honest parliament . again , to comply fairly with an vniversal vote ; — that , does our scribler call , forgetting of a publique interest ; and keeping of the covenant , or an oath , is , with him , ●●lling of a man's conscience asleep . a desire to be well again , after a cu●sed sit of the spleen ( and ply'd with steel too ) of well-nigh twenty years continuance , — our demy-levite , — terms it a hankering after our old leeks , and o●yons . — why jack , or mark , or harry , — or , ( in fine ) any body — every man as he likes : you 're for a rump ; it may be . — i 'm for somewhat else . believe me , i had ●ather live poor ▪ and honest ; than hang rich ; and treacherous : — then give my self a turn in one of the king's old houses . but — de gustibus , non est disputandum . i 'm sorry my first page is printed . — i shall be thought a fool now , for suspecting our plain english-man , of wit . something there 's in his vein , like bottle-ale . stir it ; — it tumults , sputters ; and at last , it spends it self in foam ; — but nourishment , or comfort , there 's none in 't . — the fellow 's jadish , dull ; — out of his beaten , and known rode ; but when he comes to raile against the king ; he 's in his element . there , he 's a through-pac'd , egregious villain ; and yet a stumbler ; but a false step or two may be allow'd him . this formal devil ; — how great an honour does he to the royal family , in his reviling of it ! — the injuries , and oppressions it has done to church , and people , trouble him sore . the blotting out of — exit tyrannus , sticks in his stomach too ; but , tho' the statue 's gone , the story shall stand firm ; there lyes his consolation . audacious brute , ( the blot , and the deformity of humane race . ) during the war , the nation lay opprest under the common fate of an intestine broyl . the quarrel was disputed both with pens , and weapons , doubtfully , as to the vulgar ; — among the wiser sort , some steerd their course by interest , or passion ; others , resigned themselves , ( abstracted from all other thoughts ) to what they reckon'd piety , and reason . ( thus far the burthen seems divided . ) after this , the king 's made a prisoner ; and his party sunk ; now i demand ; who has oppress'd us since ; but those that swore , till then , they fought to save us ? if we look back beyond the war , our mischief there was , that we were better fed than taught . we were rich , wanton , and rebellious . but i begin to waver in my undertaking ; — i find i have a wolf to deal with , not a man ; that preys upon the dead . a devil ! — whose businesse is to break the sacred bonds of vnity , and order ; and to calumniate virtue . nor does it serve him ; the bare murther of his master , ( as it does other beasts of rapine , that leave the carkasse , when they have suck'd the blood ) this wretch must descant , and rhetoricate upon his ashes , with an audacious petulanry : — make providence it self a complicate ; and with a comique sawcynesse , place , or displace ; — in heaven , or hell , as his luxuriant humour pleases . bradshaw ; this villain ranks among the heroes ; ( and he deserves a saints place in his kalender ) — a man , of whom we dare not barely hope well ; so enormous was his life , and so conform , his obstination in that lewdnesse , to his death . whereas , that glorious creature ; that dy'd the object of this monsters insolence , and rage ; — that innocently suffered , what that infamous pageant-president as vilely acted ; — that with a primitive patience ; piety ; constancy , and resignation , endured the scorns , the injuries , and persecutions of his own subjects ; and , at the last , received his death , from their very hands , in whose behalf he dy'd . this saint , and martyr , ( both ; beyond controversie ; so far as we can judge ) is by our charitable intelligencer enroll'd in the black list ; — charged with indevotion , and intemperance ; so was our saviour a wine-bibber , a haunter too of publicans , and sinners : — to whose inimitable example , ( i speak with reverence , to god and truth . ) both in his life , and s●ffering , i do believe , the story of our late soveraign , bears the nearest proportion of all others . — but 't is amid their bon-fires , and their tipple , ( this misereant tells us ) that he 's canonized : — and that his maj●sty commanded drinking as a sunday exercise . the world that knew the king , know this to be a lye ; ( but 't is our m●r●urie s trade ; — 't is his diana to amplifie a little for the publique good ) 't is true , there were some liberties allowed upon the sabbath , which being mis-employed , were countermanded . how does this scandal both of providence , and society , scape thunder , or a dagger ! we shall now have the story of our king , and saint : ( he saies ) and to usher in the re-erection of his statue , his picture first drawn by the parliament in . ( as our libello●s pamphleter would perswade us● when the vote passed both by lords , and commons , concerning non-addresses . i should be tedious to reply upon every particular in the declaration he makes use of : but as to what concerns the needfull , and the proper vindication of his majesty ; together , with those worthy members , whom this seditious rump-whelp labours to involve in the same desperat , and exorbitant proceedings with his ungracious masters ; — in what concerns , i say , their vindication , i shall be clear and punctual ; leaving the judgement of the controversie , to the impartial reader . we revive this the rather , ( says he ) because the memory of men being frail , cannot retain all particulars ; which is the reason ( we fear ) why so many formerly engaged against him as high as any , upon consc●entious accompts , both religious and civil , are staggering and backsliding , and have need of some quick and faithful monitor to minde them of things past , and make them beware of the present , lest they return with the rout , and cry , let us make our selves a king again of that family ; that family which so cruelly persecuted us and our brethren , and which still remains engaged by reason of state , and ancient principles of enmity and interest , to plow up the old furrows upon our backs , and re-deliver our persons and consciences into the hands of our old tormenters ; and our men of might , and our counsellours , to become sacrifices to the revenge of an implacable party . march on then , ( my lord and gentlemen , ) for believe it , there is in point of safety no possiblity of retreat , and much less in point of conscience or honor ; for , if you respect conscience , ( as we hope you do ) lay your hands upon your hearts , and tell us what hope you or we can have , that the reformed religion and cause will be protected and maintained by the son , which was so irreligiously betrayed both at home and abroad by the father . it may be you do not readily remember these things , nor how much blood was spilt by royal treachery , nor the manifold usurpations and designs by him projected and acted upon our liberty , the like never done by any prince before : and for blood , the scotish ministers employed hither anno . proclaimed and published in print , that the late king had spilt more blood than was shed in the ten heathen persecutions of the christians : and the ministers of london , ( as we can shew you by several prints of theirs ) declared , that satisfaction ought to be had for blood ; that he was a man of blood , and not capable of accommodation with the parliament . we mention not this to upbraid them ; for , we reverence their antient zeal in this particular , and humbly intreat them , as well as your excellency , and the officers , and all the good people of these nations , to observe the forementioned resolves of the lords and commons , which were introductory to that most noble act of justice afterwards executed upon the king . and that it may appear to be such , in despite of ignorance and envy , we have been bold here to present you in print that most remarkable declaration of the commons assembled in parliament , in pursuance of the said resolve of both houses , wherein they declare the grounds and reasons why they passed the resolves of no further address ; and therein you will see also , how well he deserved to lose his head , and his family the kingdom ; whose corrupt and irreconcilable interest had been the head and fountain of those rivers of blood and misery which had flowed so many years about these nations . to help the memories of some , that may very well forget the things they never thought of ; & to reproach to others , their inconstancy , who , out of good intent at first engaged , and after that , convinced of their original mistake , upon a better light , relinquished ; there needs no better monitor , than such a person , whose guilt and desperation , transport him beyond all hopes of mercy ; — this man sollicites for his head , when under the pretext of conscience , he labours for a party : and yet methinks he should not need . alas ! hee 's but the rump's sollicitor , he pleads their cause , takes their fee , and vanishes . impudent creature , to presume to be afraid ; as if a hangman would disgrace himself to meddle with him ! o'h that family — that family , puzzles our men of might , or ( as the droll words it ! ) our counsellors , wonderfully . now do i pha●sy the fellow , this bout , extremely : to see the little agitatour fall upon his p●litiques , betwixt flattery , and sawcyn●ss● , half-tutor , and half-parasite , with one eye up , and t'other down , accost the general . — my lord , and gentlemen , march on ; ( the word of command ; a noble rogue ) for believe it , &c. — there 's no retreat , he tells them , either in point of safety , conscience , or honour , — and then the whelp takes another snap at the king : as shamelesly , as senselesly , affirming , that the reformed religion , ( that is , ( as i suppose he means ) the protestant ) and cause , ( that is , the peoples laws and liberties , ) was irreligiously betrayed by our late soveraign ; who lost his head in defence of one , and th'other ; the caution he puts in against the son is of the same alloy , a person , so indulgent to his people , that out of his partic●lar necessities , he yet relieved the english prisoners that were taken in flanders ; although his enemies ; and , in point of conscience , further , so tender , that he preserves the church of england in the dominions of the king of spain : and still , his honour , with his religion . but let us a little examine his instances , for he pretends now to proceed to proofs . the scotish ministers ( as he tells us ) proclaimed , and published in . that the late king had spilt more blood than was shed in the ten persecutions of the christians , — and the ministers of london declared him a man of blood , &c. — ( that is , the high priests , and officers , cryed out , saying , crucifie him , crucifie him . ( that 's the original . ) but to come closer to the businesse , the scotish , and the scotch ministers , are a clear different thing . scotish , denotes the antient faction of the nation , ( no favourers of kings , ) and scotch , relates to their nativity alone , abstracted from the party . first , they were argyle's creatures , s●l●cted to promote argyle's designs : so , not the ministry of scotland , but a pack of scotish ministers . next , of no more authority to the rump , against the king , than to the nation , against the rump , ( in whom , they are as much unsatisfied . ) the ministers of london did as much , he sayes . that 's something truly ; till we consider what those ministers were , and by whom , placed , and moulded , for that purpose . marshall was the prime p●rson in the agency betwixt the two nations ; — he , that curs'd m●roz ; — he , that was sent commissioner into scotland ; taught them their l●sson , there , and then returning , taught some of our reputative divines to sing the same tune , here . — this is the man , that clos'd with nye , when presbytery went down ; and carried the . bills to the king , at carisbrook-castle , for which , they had l . apiece . i could tell you of some more of the gang , that ▪ under question for confederacy with love : after a due formality of seeking god , delivered , as upon accompt of inspiration , that oliver protectour was the person ; and his the government , of all that ever were , or should be , the most agreeable to god . this is not , to lessen the esteem of holy orders ; neither to fix a rash , irreverend censure upon the ministry : no man reveres the character of a churchman more than my self . but 't is to shew the world , how much our pamphlet-merchand is steer'd , by interest , and passion , and how little , by reason , and truth . the grinning whelp , now , betwixt snarling , and fawning , would fain perswade the general , and his officers , ( and all the world beside ) that the resolve of non-addresses , by the lords and commons , was introductive to the murther of the king . murther , i say , that 's the plain english of what he stiles — a most noble act of justice ; his methode lyes through direct contradictions to the universal rules , of logique , truth , and honesty . by this insinuation , he charges that exorbitance upon the two houses , and draws an inference , from the impardonable quality of that action , to the nec●ssity and reason of pursuing it . this , he pretends to make appear , in spight of ignorance , and ●nvy , from the commons declaration , in persuance of the resolve of both houses , ●onteyning the reasons , why no further address ; and thence , proceeds to a determination upon the fathers life , and the son's inheritance ; — as positively fixing , upon the king's accompt , those plagues this nation has endured ; as if the graceless villain were of counsel with the eternal wi●edom . i shall observe in order ; and first ; i 'll prove , that the vote of non-addr●sse , was not properly an act of the two houses ; or if it were so , that it did not rationally direct to the king's li●e . secondly . t●at declaration of the commons , ( singly ) decla●ing the reasons of the resolve of both houses ( j●yntly ) does not amount either ●o a justification , or intention of taking the king's life , — no ; not though i should g●ant the members free ; — which i cannot ; and the authority full : which i do not . — to the first . — they were under a force . — upon a debate in the commons house , concerning the kings answer to the . bills , presented to him dec. . . and debated ; jan. . commissary ireton delivered ●imself after this manner . the king had deny'd safety , and protection to his people , by denying the . bills ; that subjection to him , was but in lieu of his protection to his people ; this being deny'd , they might well deny any more subjection to him , and settle the kingdom without him : that is was now expected , after so long patience , they should shew their resolution , and not desert those valiant men who had engaged for them , beyond all possibility of retreat , and would never forsake the parliament , un●esse the parliament forsook them first from hence , naturally results the menace of the army , in case the parliament should forsake them ; and ireton understood the souldjery too well , to mistake them . — as yet ; ●ere's nothing capital pretended against the king . after some more debate , cromwell urged ; — that it was now expected , the parliament should govern , and defend the kingdom , by their own power , and resolutions ; and not teach the people any longer , to exp c● safety , and government from an obstinate man , whose heart god had hardened : that those men , who had def●nded the parliament , f●om so many dangers , with the expe●ce of their blood ; would defend them herein with fidelity , and courage , against all opposition . teach them not , by neglecting your own , and the kingdoms safety , in which their own is involved , to think themselves betray'd , and left hereafter to the rage , and malice of an irreconcileable enemy , whom they have subdued for your sake ; and therefore are likely to find his future government of them insupportable ; and fuller of revenge , than justice : * — left despair teach them to séek their safety by some other means than adhering to you , — who will not stick to your selves ; how destructive such a resolution in them will be to you all , i tremble to think , and leave you to judge . this speech , concluded the debate ; and the better to impresse his meaning , he laid his hand upon his sword , at the end of it . if this be not a force , what is ? the power and inclination of the army , being the only moving arguments to obtain the vote . the question was then put , and carried , for no more addresses . — but no pretence still that extends to life . i shall appeal now to the declaration it self ; to which our regicidal babbler refers the world for satisfaction . first , the sectarians had stol'n a vote , jan. . to engarrison whitehall , and the mewes , ( the lords , not mention'd in the case ) their manner of obtaining it , was this . 't was noon ; and the independent party call'd to rise . the presbyterians went their waies to dinner : the independents stayed , and did their businesse . the lords opposed the vote for non-addresse ; ( . to . ) but the engagement of the army , cast it ; who sent a declaration to the commons , of thanks for their votes against the king , engaging to defend them with their lives , &c. — is this a force yet ? soon after this ; comes forth a declaration , and reasons , &c. drawn by a committee , appointed by the independents &c. so that even that too , was a piece , contrived by the designers of our mischief , and by a force , extorted from the sober rest , that would have saved us . this appears , from the interpose of the presbyterians , to moderate the eagernesse of it , upon the debate . the last . lines of the said declaration will be sufficient to stop the mouth of any reasonable person , as to the point of life ; ( even without the violence ; which undenyably produced the rest . ) after an enumeration of diverse particulars objected against the king , the declaration concludes thus . these are some few , of the many reasons , why we cannot repose any more trust in him , and have made those former resolutions ; ( meaning the . votes , whereof that of non-address was one ) yet we shall use our ut most endeavours , to settle the present government , as may best stand with the peace , and happinesse of this kingdom ▪ this very declaration touches not his life ; it is not said settle a present government , but the — ; ( relating properly to an amendment , not an abolition ) considering the grammar of it ; i do not wonder much , at a complyance , in some measure , to an indecency , in order to prevent a greater ill , that threatened them , and vs : and that , was their design ; for when it came at last to the result of life , and death , ( as then 't was evident , it amounted to no lesse ) those gentlemen , whom the author of plain english would willingly engage , as complicates ; — those gentlemen , i say , did then oppose themselves , against the murtherous faction , and voted for a treaty , dev. . upon the . they were imprisoned , and affronted by the army for their pains . — when the more moderate party , was removed , the rest were left at liberty to consummate the kingdom's ruine , and their own damnation . come i 'll go ●urther with the angry man ; — put case , these gentlemen had gone yet forward ; and dipp'd as deep as he could wish they had . frailty is an inseparable from our nature . 't is humane to transgress ; — 't is christian to forgive , and 't is our interest to repent . he that delivers me by designe , ' though but from that mis ▪ fortune which he himself engaged me in upon mistake ; — he is so sar from any reason to apprehend my revenge ▪ he ha's a title to my kindness : but our incorrigil●e monitor , sets up his rest upon a final , reprobated , impenitence . 't is the will , qualifies the action . i have been tedious , out of desire to be clear : but i shall hast●n , and contract as much as possible . having already proved the declaration ( of the reasons why no more addresses ) to have been an evident contrivance of the independent faction , in the very frame of it ; and publish'd , while the army stood to dare , and over-awe the sober party , that was likely to oppose it ; i do not hold my self concerned , in any further notice of the particulars therein conteined ; and which our challenger produces , as an unanswerable eviction , that the late king , and his family , deserved death , and extirpation . ( as , by and by , he tells you ) — yet something shall be said , even to his quaeres , thence extracted ( in due place ; ) but i must first unvtile him to the people ; and that , by laying open the dilemna he proceeds upon . — he reasons thus , my businesse ( sayes he to himself ) must be to hinder an agreement with the king . the presbyterian party ( i 'm afraid ) enclines to 't . if he returns , we 're lost : my own soul tells me , we have sinn'd beyond remission , and yet i see no way to hinder it neither . the nation is united against us ; the presbyterian abhors us , as much as the royal party does ; and the army it self , begins to declare it self our enemy . what 's to be done , must be , both quick , and home . these six waies lye before us . first the army must be wrought into a tumult . secondly . the presbyterian must be ( right , or wrong , ) involved with us in guilt , and consequently in danger . they must be made to share in the blood of the father , and in the detestation of the son , and be possessed , that there can be no sa●ety to them , but in a common interest with our selves to this end , we may forge letter's from brussels . suborn witnesses to swear the king a papist , &c. thirdly . the cavalier must be perswaded , that the presbyter only designs to set up for himself ; and arguments drawn from by-past , and mistaken failings upon promise , to beget a jealousie . the inconsistency of episopal , with presbyterian principles must be objected , &c. fourthly all persons interessed in estates , got by the war , must be engaged , for fear of losing them . fifthly . the general himself , must be sollicited to take the government upon him ; promises urged ; no matter whether true , or false : if this won't do , a lvise him , as a friend , to have a care of the city ; and lid the city look to him . perplex them both ; we 'll confound all the world , rather than perish . lastly we may publish the declaration , of the reasons , for no f●rther addresses : and try , if that way , we can either make a party among themselves , or with the people . we may so bring it in , it shall be dangerous to reply upon , for fear of dis●●liging , and as unsafe , to let alone , for fear of seducing . here 's t●e dil●mma ; it will be answered , or it will not ; if it be , 't will startle the presbyterian ; if otherwise , 't will puzzle the p●ople . i wish our common enemy would go this open way to work . here 's the true state and method of our adversaries thoughts , and actions . now to his quaeres , wherein i shall be tender , how i revive disputes , either unkind , or unseasonable ; and yet not wanting to my vndertaking , that is , my vndertaking to make evident , that his fo●ndation is sandy , and the entire structure composed of rotten materials . ) i 'll take his — ( what shall i call them ? ) suppositions , — objections , questions , — ( or call them what you will ) one by one , and reply upon them in his own order . here he begins , would you see how and by whom the irish rebellion began , and upon whose score those unparallel'd barbarous massacres of hundreds of thousands of the protestants in ireland , do lye ? no , we would not see now . we question not , but you 'd be kind enought to sh w us ; and cut our throats here , just as those ▪ rebels did their fellow-subjects there . ( for an ●r●sh rebel , is but the anagram of an english p●anatique . ) by whom now , is another question , and a harder . beshrew me , ' ti● a p●ev●sh point . why — the i●●sh rebe●●ion , began , by the irish rebels : a● the english r●bellion , did by the english r●●els . i hope commo●ions in ir●land are no miracles ; nor●i● it needfull to assign them any other reason , than the humour of the peopl● ? — yet i 'll be civil to you . i speak my soul , i do believe , the irish catholiques in that rebellion which you point at , took flame at the severity they apprehended , from some extraordinary declarations against them here , previous to their rebellion . this i must adde further , the king , ( for 't is at him ▪ our author's malice strikes ) at his return from scotland , did earnestly , and particularly recommend the care of ireland to both houses , in his speech , dec. d . . upon the th . he pressed them once again , to the same purpose ; adding , the great necessity of dispatch ; — the daily cries , and importunityes of the irish protestants , and offering all his power and interest toward their relief , in these very terms . ( see the exact collections , the . and . speeches in the book . ) that nothing may be omitted on my part , i must here take notice of the bill for pressing of soldiers ▪ now depending among you my lords , concerning which i here declare , that in case i● come so to me , as it may not infringe or diminish my prerogative , i will pass it . and further , seeing there is a dispute raised ( i being little beholding to him whosoever at this time began it ) concerning the bounds of this antient and undoubted prerogative , to avoid further debate at this time , i offer , that the bill may passe with a salvo jure , both for king and people , leaving such debates to a time that may better bear it , &c. to conclude , i conjure you by all that is , or can be dear to you or me , that , laying away all disputes , you go on chearfully & speedily for the reducing of ireland . by whom , ireland was tumulted , i do not know ; but that it was not by his majesty , is most evident . nor is there any question , but the massacres there committed , must lie upon the score both of the actors , and promoters of those crueltyes : who they are , when i know , i 'll tell you . would you know who it was that interposed betwixt the parliament and the duke of buckingham , and would not permit the proofs to be made against him concerning the death of his own father ? this i shall satisfie you in . — a letter was presented to the house from thomas haslerigg ( brother to sir arthur ) which was read ; to this purpose . that there was one mr. smalling , a committee-man of leicester-shire , who had been a deputy-examiner in the star-chamber , and affirmed , that above twenty years since , there being a sute in star-chamber , between the earl of bristol , complainant , and the duke of buckingham , defendant ; concerning physick , presumptuously administred by the said duke , to king james ; the said smalling took many depositions therein , and was further proceeding in the examinations , until a warrant , signed by the king , was brought him , commanding him to surcease , and to send him the depositions already taken : which smalling did ; yet kept notes by him of the principal passages , doubting what further proceedings might be hereafter in a businesse of such importance . sir henry mildmay moved that smalling be sent for , and examined upon oath by the committee that penned the said declaration ; but upon motion of the presbyterians he was ordered to be examined at the commons-bar . smalling came , produced the warrant , but no notes ▪ so this chimera vanished . tertio caroli , this businesse had been ventilated , and examined against the duke , and no mention made of poysoning , or killing king james . it was then only called , an act of high presumption , and dangerous consequence in the duke , nor was there then the least reflection upon king charles . ( see the history of independency par . . p. . ) would you hear who it was that made so light of parliaments , killing them as soon as born , and making them a scorn by dissolution at pleasure ; and at length designed , and in fine drew sword against the very parliamentary constitution , after he had by imprisonments destroyed several eminent patriots for their freedome of speech in the parliament on the behalf of the publick , and in particular , touching the death of his father ? no ; it needs not , i can tell you that . 't was cromwel , and the secluding members . the rump ; that drew sword against the very parliamentary const●ution . t●ey clap'd up sir ● obert pye and major fincher for but d●siring a 〈◊〉 p●rliament ; on the behalf of the publique : sending thei●troops abroad to seize , and threatning ( them e●e● ) to 〈◊〉 all the declarers . ( that which concern ▪ his maj sti●'s father , is spoken to already ) would the scots know who it was that designed them to be the first subjects of slavery in spirituals and civils who hated their very nation ▪ though the land of his nativity ; who made a pacification with them , with a ●rsa●be●ous in ent to break every article ; and manifested it as so●n as he returned from edinburg to london , giving special command to ●u●n the said articles by the hand of the common h●ngman , and it was publickly done ? i 'll tell you that too : 't was the old argyle . — but hold you sir . touching the treac●erous intent , did he tell you his mind ? ● t i confesse , you are quick-sighted ; you could not see things else that have no being ; — as your own piety , and publique tenderness● ; — you have approv'd your ●elve , se●r●h●r● of hearts indeed , witnesse your sacrifi●es to your moloch ( the good old cause ) your butcheries by q●arterin● , and embowelling poor wretches , only upon fri●olous , and i●congr●ous circumstances : senselessely patch'd together by your ridiculous , and suborned sons o● b li●l . because that your own party , did resolve , at first to break a●l o●th●s ; and has been only true , in a fidelity to hell , an●wicked●●ss ; you make no difficulty to measure others by your impious selves ; — you talk , and act at such a r●te , a● if men were to be damn'd upward ; — as if the 〈…〉 were a d l●sion ; divinity an old wive's tale ; and ( se●io sl● ) not halfso much respect , is paid to the two ta●l●● of the d●calog●e as to the orders of your c●ff — ho●s● . i shall not ra●el the t●ans●ction , sequent upon the p●cifi●ation yo● speak of . — but to your next . would you hear the cries of the blood of rochel , and of his own people sacrificed in that expedition to a forein interest , and of all the protestants in france , for his barbarous betraying of them ? the rochel expedition i 'm a stranger to ; so i suppose are you , that make the challenge . but if you had told me of jamaica ; or the sound ; i should have understood you . would you cast your eye on past miseries , and recollect the manifold intollerable oppressions of people both in matter of estate and conscience , and compare them with the indulgencies at the same time towards papists , yea and the designs laid to make use of papists , to destroy both parliaments and godly people together ? now you say something , surely . the manifold intollerable oppression of people in matter of estate , and conscience , &c. this i remember perfectly . your major-general-archy was an admirable form of government : so was your rumparchy . clap a man up , and never let him know his crime , nor his accuser , — declare a man uncapable of serving in parliament , for having bayes in his window , or a minc'd-pye in christmasse , sequester half the nation , because they will not swear back and forward ; sell free-born men by thousands into plantations ; and in fine , beside excise and other impositions arbitrary , lay on the comfortable load of l. a month , upon a begger'd nation , and at the latter end of the day . ( is this the oppress●on your wise worship intends ? ) now for the matter of conscience , i can help you out there too . to shorten , let the oath of abjuration serve for all you follow this with a sharp charge for making use of papists . i could retort this , if i thought it valuable ; but frankly , in a war , the subject of the qusstion is not religion , but assistance . nor do i ( tho' i might as well ) condemn your party , ( that is , the rump-men ) for the same practise . would you understand the correspondencies maintained with , and the encouragements given to , the bloody irish rebels , for the ffecting his designe ; together with the correspondencies and solicitations setled in forein countries , to the same purpose , with all the circumstances evincing the truth ? this is the same thing again , shake hands , and to the next . would you be informed how often , and with how much solicitude the parliament , notwithstanding all these things , did , for peace sake , in a manner prostitute themselves , and hazard the whole cause , by appointing treaty after treaty , which he never entertained but with intent of treachery , and thereby frustrated all their good intentions and endeavours , before ever they passed the votes of non-adresse ? then , we beseech you , read the following declaration , and be satisfied to the full , whether or no the late king and his family deserved death and extirpation . i pr'ethee do not choak us with the venerable sound of parliament : i talk to you , and of that mungrel-mixture you plead for . a parliament cannot do amisse , ( be not too quick now ) they may have done amisse , and the next session may repeal or mend it . what they did , i don't question : but what you say , will ( as i humbly conceive ) admit a castigation . look back upon your self ; these are your words — which he never enterteyn'd ( treaty , that is , ) but with intent of treachery , and , thereby frustrated their good intentions , and endeavours , before ever they passed the votes of non-address . ) at this rate , you ground the non-address , upon the kings intention of treachery . a positive disclaim of your obedience , upon a possible dis-ingenuity in your prince . come , to cut short . dare you say , that he promised , and failed ? that 's treachery , to betray a trust : by this rule of proceeding , had you required his life , and he refused ; you might have taken it : his crime was only the non-concession of what you demanded ; and he gave his reasons too for that refusal . well , but let 's come up to the vote it self . i have already proved , that it concerns not the secluded members ; and now i shall entreat you to back my opinion , with a slip of your own pen . their honest strictness in the negative , afterward , and their adhesion to it , through all extremities , speaks manifestly the intention of the parly , and that acquirs them . 't is your own argument in your fourth expostulation , you charge his treaty with a treacherous intent , which you infer from a subsequent manifestation of himself by action . but to dispatch , should i grant all you claim , yet did not the late king and his family , deserve death and extirpation , the premises will not amount to 't . now if you please go on . as for our parts , we very well recount the series of past transactions , and do remember that in february . when the two houses of parliament passed their resolves of making no further address , but determined to lay him wholly aside , they never were in a greater state of security and freedom , never passed any thing with greater deliberation ; and never the least disturbance or alteration arose in either of the houses against those resolves , untill some persons in the commons house , otherwise affected , and who by procuring elections of persons fit for their turn to serve in parliament , in vacant places , brought in new men of the cavalier stamp ( as is known ) like themselves ; and thereby out-balancing the old patriots , gained the major vote of the house ; and so with heat , and by design , obtained a revoking of those resolves which had been passed by both houses in a time of temper , upon most serious consideration : so that though we shall not take upon us ex absoluto to justifie the interposure of the souldiery afterwards , and their exclusion of the adverse members ( it being a transcendent act , not to be measured by ordinary rule , and which nothing can justifie but supreme necessity ) yet this we can truely say in their defence : in judgement and conscience there was so indispensible a necessity , that had they not interposed , those principles and the concernments of the commonwealth , upon which the aforesaid resolves of both houses were founded , had been utterly shipwrackt , and the whole cause and its defenders most inevitably have sunk together ; seeing the same heady confidence in treaty was then given to the father , which too many now encline to allow unto the son , who were first engaged against them in the war , and held out to the time of the last treaty ; whom ( of all other men ) his party do hate upon that accompt ; and , if they had an opportunity , would be sure to make them fall the severest sacrifices to the revenge and memory of his fath r. this is already sif●ed , and a little picking will serve the turn here . a cavalier , i find , is onely an honest man that crosses a fantan ; but the old patriots it seems , were the minor part of the house ; and that 's enough to entitle the nation to the benefit of the treaty resolved upon . for sir ( if you 'l give us leave ) we 'l be governed by the major part . it 's true , your supreme necessity is a pretty popular sophisme . but , as necessity has no law , so is it none ; nor in any case pleadable against law , but by the judges of the law , which at all hands , is confessed to be the parliament , and the major part of the two houses in conjunction with the king , have ever denominated that . i must needs take a little pains to correct the centleman , in his next fleere upon the presbyterians . he hangs like a cock-sparrow upon the aforesaid resolves of both houses ( which is but an old trick of a laying knaves bastard at an honest mans door ) and then he preaches most infallible destruction to the first engagers , whom the king will be sure to sacrifice to the revenge and memory of his father . this opinion , or rather suggestion of his , opposes all principles of honesty , generosity , and prudence , which fall within the latitude of the case . nay , taking for granted , the very entrance upon the war justifiable . there might be then a question , now there 's none . they intended onely a reformation , here 's a dissolution . a liberty was there designed ; here 's an intollerable slavery imposed , those quitted , when they saw their error ; these , for that very reason , proceed . there is , in fine , this difference ; one side would destroy the king , the other would preserve him these , would govern without law , and the other would be governed by law after all this peremptory rudeness at large ; he bethinks himself at last of an apology to the general ; and now the pageant moves . we urge not these things , with an intent to make the least reflection upon your excellency , and our brethren the officers under your command , as if we suspected your sincerity and constancy , after so many plain and and pos●●ive declarations against returning to our old bondage under that family which god so wonderfully cast out ●efore us , and wherein we are confident he , for his own name and peoples sake , will never more take pleasure : but in regard the old adversaries behave themselves insolently and proudly , and publikely give out , the time is coming wherein they shall satisfie their lusts u●o● us , we thought it convenient to whet your spirits with a repetition of these things , as we have done our own , that the world may see we yet own our cause ; and do believe , that what we have done as instruments in driving out that family , we have done in judgement and conscience ; and that you take a convenient time to let men understand plainly that you also will continue of the same perswasion with us , for as much as there are none of the particulars charged upon the late king in the following declaration , which would not , with many more , have been proved to his face by a cloud of witnesses , if be would have put himself upon tryal , when he was called to answer for his actions . alas , good gentleman ; you suspect the general ? no body can have such a thought sure : you do but mind him of his duty now and then , refresh his memory , and whet his spirits . he ha's declared himself against returning to our old bondage , under that family which god so wonderfully cast out before you ; but not against the liberty ▪ and title of that person whom god may , no less wonderfully , bring in , before you : and , i suppose my confidence is better grounded , that the people will never more take pleasure in you ; then yours is , that god will take no pleasure in him ; the nation will as little endure the rump , as you the king . but all this while , you beg the question , how comes the king to be mentioned ? the young man ( as your gravity descends to call him ) he 's poor , and his friends , beggerly ; you have the ballance of property on your side , my masters ; you 're safe enough then . i would advise you now to waite , and not prejudge authority . you 're to obey , not to impose a government . if you proceed to murmu●e , ●and shew your teeth , when you cannot bite , 't will be the worse for you . indeed , your good old patriots will be the minor vole again of the next pa●liament , if you behave not your selves more mod●stly , the p●ople will suspect you ; for mutinous s●rvants prove but untoward masters . monopolies , and some misgovernments were the true cause , that engaged the well meaning people , in the quarrel , not extirpation of both laws and governors . but if your adversaries , do ( as you say ) grow proud and insolent ; in such a case , you may be allowed , to whet your spirits ( ae you express your selves , any thing but your knives ; you were at that sport once ) your judgement ▪ and your conscience we are satisfied in ; alas , the difference betwixt yours and ours , is but a trifle . what we take to be slavvery , you call freedom . — a rebel in our judgement , is a patriote in yours . — murther , a sacrifice ; robbing of churches , in your soft opinion , is but unclothing of the whore ; ( a thing the rump's a little given to ) we term that sacriledge . one frailty i must needs take notice of among you , for all your talk of providence , i find , your arme of flesh strikes a great stroke in your spiritual conflicts ; and when y' are worsted , you 'l take eggsfor your mony ; and acquiesce , as well as your neighbors . this i observe to be one article of your faith , you argue from divine omnipotency , that providence is ever on the stronger side . suppose the gentlemen of the back side , should look on for a fit now ; the reyal family ( you say ) god cast out before us : who casts out these ? but to make all sure , you press the general , and his officers to declare . , that they 'l continue of the same perswasion with you . ( this perseverance , i confess , is a main point ) you should do well to leave a note , where they may find you ; for you 're a little variable , and they 're a little shy of medling with those that are giv●n to change . you 're possibly , this day , resolved for a republick ; tenext , for a protector ; by and by , a counsell of officers , and then , a committee of safety . come , come , gentlemen , the generall will be just , without your counsels ; and steady , in despight of all your arguments . speak on . give us leave ( we beseech you ) to add● one thing more , which we had almost forgotten , to shew the ●adnesse of those men that cancelled the votes of non-address , and would have brought back the late king by the isle of wigh●-treaty , and would now ( is they might have their wills ) bring in his son by the like , viz. that at the very time when that treaty was on foot , though this young man , who was then at sea in the revolted ships , declared all to be null which should be agreed on by his father ; yet , hand over head , in they would have had him , as others would now restore the son upon the very same termes which he so positively declared himself an enemy to in his fathers dayes . good god! what a spirit of slumber hach s●ised such men , who were once deeply engaged with us in the common cause , as for your excellencie , far be it from us to entertain any suspition concerning you , supposing you must needs have upon your heart the true interest of religion , and your own too ; and how much it is concerned in keeping out of that family , whose restitution we believe god will not now permit unto any designers , seeing he hath from time to time so signally blasted all former undertakings . as to what concerns religion , you know what hath bin their education and depend●ncy abroad and should they return , 't is obvious , all other parties would be put upon their guard to defend themselves against him and his clergie at home ; and so all sorts of religious parties , being constrained to combine for mutual preservation and liberty , the war will soon be renewed upon the point where it at first began . what pitty 't would have been , this gentleman should have forgot a thing that never was , the king ( indeed ) sent an express to the city , the coppy whereof was carried to the house , by the sheriffs , and some of the common-coun ell : . aug. . but not a syllable of what he mentions in it ; nor any thing that way tending , yet was it ea●erly debated , in terminis , that the pri●ce should be declared a r●bell , and a traytour . among other reasons , why it was laid by , one was , — the covenant ; a second , was this , it would not do well ; to vote the prince a traytour , the same day , that messengers were sent to invite the king his father to a treaty . the clamorous puppy might bethink himself of better language ; especially addressing to an eminent person . the madness of those men ( he calls it ) that cancell'd the votes of non-addresses , and would have sav'd the king , &c. — if all were mad that would have sav'd that king , or that love this , we should not find many sober persons , in the kingdom . this fellow keeps so much stirr to cleer his party of any jealousie , upon his excellency , that he most evidently creates , and discovers one . how comes religion now , to trouble our atheistique saints ! these reprobates have violent taken the father's life , and thrown the son out of his right and dominions ; exposing him to the charity of forreign princes for a subsistence : and after this ; his education abroad , is made an argument by this brute , against his return , where will he be next now ? as to your own interest in the station where god hath placed you , 't is well known what the private sence and opinion of that party is concerning your excellency , because you have been an instrument in keeping scotland many years with so great vigilance and prudence , free from the attempts of that irreconcileable enemy . admit such a thing were possible , which some fancie , that you should be the man that would put the crown again upon the head of that family ; is it not plain what fate ( setting aside all other considerations ) you might expect from a seeming reconciled enemy , and a king too ? it being the guise of kings ( as the historians from innumerable examples do observe ) ever to recompence with hate their most meritorious servants ; making no difference in r●turn , betwixt the highest obligation , and the greatest injury . the examples are so frequent in our own chronicles , as well as forreign , that he who runs may read it ; and 't is not proper here to recite them . jndeed he 's hard put to 't , to make the danger out from the king , to the generall , in case he should restore him . if there were nothing e●●e in 't , 't were enough , to make him dear to the king , and to his party , that he hates you . do not deceive your selves : he 'll be a scourge to the phanatiques , and every soul that loves either piety , or peace will assist him . do not mistake me n●ither . god forbid that all such as have either been misled by cunning practises ; or else transported by necessities , to seek a livelyhood by unlawfull means . god forbid ( i say ) that all without distinction , should be marked with that infamous brand : no , i intend it onely of that frantique crew , that preclude mercy , by despising it : and persecute the truth with a determinate malevolence and spite : but note , the man begins to soften . alas , ( sirs ) 't is not an army that shall secure you , nor the power of the militia that can secure our ancient senators , ( if any who have been engaged can be so fond as to think of security ) for , let the yong man come in with freedom to encounter both army and militia with the hare title of king , and actuall possession of the throne , the eyes of army and militia will soon be dazeled with the splendour of that gay thing , and fall down and worship at the sight and hope of the kingdoms of this world , and the glory of them ; and then all bonds of agreement ( if any be ) will prove but rushes . oh , for god and his peoples sake , yea , and for the city of londons sake , whom charles the father branded in his papers with the character of disloyall and rebellious city , ( though at that time most renowned in her actings se● an end to the expectations of malicious enemies , and staggering f●ien●s , by clearing up your selves , that we may see you in the light , vigorously asse●ting the good cause of these nations : yea , for the sake of parliaments we ask it : and we doubt i● not at your hand , seeing the people are not like to be brought to contend any more for parliaments , if after so long a contest he should gain an ●pportunity of improving a possession of the crown to an usurpation over the priviledges and majesty of parliaments . this thing , i 'll lay my life , belongs to the rump ; it is so much concern'd in the behalf of our ancient senatours . truly i 'm half of his mind , in what he sayes last . that is , i do believe , his majesty would be made welcome ; but for faithless ; nothing but an abjuring , perjur'd villain would suspect him . see how that supple slave , is come about , now : how arrantly the rogue beggs : oh! for god , and his people's sake , and for the city of londons sake . ( i am in earnest ; i must laugh before i can write on . ) might not this fellow be laid hold of , upon the statute against sturdy beggers , and lashed , he has absolutely turn'd a piece of one of the rump ▪ ballads into prose . nay my lord ; ( cries the brewers clerk ) good my lord for the love of god ; consider us and your self ; this poor nation , and that tyrant abroad ; don't leave us : but george gives him ▪ ashrug , instead of a nod . come hang your self , beg right , here 's your true method of begging . — oh for tom. scots sake ; for haslerigs sake , for robinson , holland , mildmay , mounson , corbet , atkins , van● , livesey , skippon , milton , tichbourn , ireton , gourden , lechmore , blagrave , bare-bones , nedhams sake , and to conclude ; for all the rest of our impenitent brethrens sakes , help a company of poor rebellious devils ; that only for murthering their prince , destroying three glorious nations , breaking the bonds of faith both with god and men , trampling upon religion , and laws ; exercising an absolute ▪ tyranny over their fellow subjects — endeavouring yet once more to engage their native country in blood ; — to alienate the honest souldjery from their obedience , and in sine for playing the devil in gods name ; are now in danger to lose the reward of all their virtues ; — the possessions which they have acquired by violence , by a malignant , and desperate design of peace , and settlement . this is the state of your condition , and this should be the form of your application . once more , and he bids you farewell . bvt ( my lord and gentlemen ) leaving these things which touch only upon your worldly interests and concernments , we are hold to say , ( though the jealousies of weaker brethren be great and many ) we believe our selves to be sure of you , because we have your souls as well as your personal interests at pawn for your fidelity to the publick . we remember your declaration sent f●rm scotland to the churches , and other declarations at t●● same time . we might mind you , if it were needfull , how you have called god to witness , that the ground of your late undertaking in scotland was , the vindication of the liberties of the people , with the protection and encouragemens of the godly and the faithfull therein , &c. and that you have no intention or purposes to return to our old bondage ; but that the providence of god having made us free at the cost of so much blood , you will never be found so unfaithfull to god and his people ▪ as to lose so glorious a cause ; but do resolve , with gods assistance , to endeavour a maintainiug of our dear-purchased liberties bot● spiritual and civil . but seeing these declarations made before god , angels and men , ( as your selves have said ) do so much concern your souls in the observation of them , that they cannot but be much upon your hearts ; therefore we me●●ion them , not as doubting you , or endeavouring to perswade you , but to ease our own minds , and to comfort the hearts of our brethren , who have need to be comforted : and do wait for a good time when your excellency shall break forth , and more visibly appear ( through all the clouds of fear and jealousie ) a defence and protection ( through the goodnesse of god ) to all his people that fear him in these nations ; and so their hearts universally will return unto you , in assurance whereof , and that you will be very much confirmed and encouraged after the reading of this declaration , we remain , ( my lord ) , your excellencies most faithfull friends and servants in the common cause . march . . still i perceive you 're sure ; and yet for your weak brethren sake , yon mind his excellency of a pawn he has ingaged for his fidelity to the publique ( only his soul ) in a declaration , before god , angels , and men : that he hath no intent to return to his old bondage . why you impudent sots ; does a confederacie with a peddling , little , sniv'lling faction , that would subvert order , and government , amount to a fidelity to the publique ? or does the avoiding the old bondage you keep such a coyle with , imply the setting up a new , and more tyrannical impos●tion . in fine ; the mention of the king , proceeds from your own guilt , and fears , that have so much abused ●im . the general meddles not at all , to impose upon us : but only stands betwixt authority , and violence . his excellency refers all to the appointment of such persons as the people shall abuse , to act in their behalf , and cannot in honour , fide with a party of jugglers , that only call themselves our representatives , and we disclaime . this is enough said to convince you and the world , where the abuse lies ; now , having eased your minds , ( in your own language ) you may go ease yur bodies too ; for i dismisse you ; and all 's but giving of the rump a purge . cursed is he that removeth away his neighbours land-mark . finis . notes, typically marginal, from the original text notes for div a e- * nota. the original of kingly and ecclesiastical government by t.b. ... barlow, thomas, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing b a wing b estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : or : ) the original of kingly and ecclesiastical government by t.b. ... barlow, thomas, - . 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ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng divine right of kings. episcopacy. great britain -- politics and government -- - . - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - elspeth healey sampled and proofread - elspeth healey text and markup reviewed and edited - pfs batch review (qc) and xml conversion the original of kingly and ecclesiastical government . by t. b. dr. in divinity . mat. . . da caesari quae sunt caesaris . king jame's bas. dor. sublato episcopo tollitur rex . printed for robert clavell , and william hensman , . the contents . chap. i. god himself was the first founder , and the first that instituted the office of kings . chap. ii. the people cannot make an anointed king. chap. iii. the meaning of the anointing of kings . chap. iv. the reason why they are called the lords anointed . chap. . bad kings are the lords anointed as well as good . chap. vi. it is not lawful upon any pretences whatsoever to depose , or so much as touch the lords anointed . chap. vii . what is meant by touching the lords anointed . chap. viii . that kings now adays are to be had in the same veneration and esteem as the kings of judah and israel were , notwithstanding our christian liberty . chap. ix . that a king failing in his duty , and not performing those things which he hath sworn unto at his coronation ( so solemnly ) yet the people are not dis-obliged in their obedience unto him . chap. x. touch not mine anointed , psal. . meant by princes , and not otherwise . chap. xi . the objection of the ten tribes revolting from rehoboam , answered . chap. xii . the objection of jehu slaying his master joram , and taking the kingdom upon him , answered . chap. xiii . a discourse concerning the necessity and excellency of monarchy . chap. xiv . that there is no such thing as a free state in the world. chap. xv. a discourse concerning episcopacy , proving it to be jure divino . to the reader . good reader , we have lived to see our profession of christianity , to have yielded some men arguments for their taking up armes against their lawful soveraigns and goverment , certainly there hath been some violence used by them herein , or else this holy religion could never afforded them such a topick . submission to our lawful governours , not only for wrath , but also for conscience-sake , is the great duty and glory of our profession , whilest evil religions prompt men to rapine , blood , and violence , religio christiana nil suadet nisi justum & lene . the original and power of kingly government hath of late been much disputed , whether it be ( as our saviour spake of st. john's baptism ) from god or from men ; this author ( i think ) hath evinced the former , and if so , subjection is our duty ; t is not male administration or persecution ( as some men call it ) can ever warrant the subjects arms against his prince . the christian church gives no example , nor our religion any precept for such undertakings ; if it then be religion ( as some men would have us think ) they fought for , why do they use unlawful weapons ? must prayers and tears be turned into pike and musket because a nero is thy governour ? the church of god knows no such usage , the legal dispensation it self , which will be acknowledged somewhat harsh in respect of the gospel , will not permit a holy david , tho a man after gods own heart , to build his temple , for that he was a man of battel and his hands were bloody ; peace , meekness , charity , and submission to our lawful government , are the effects and true signs of real christanity , the other is but spurious and apocryphal . to inform our reader of the rise of kingly government is the design of this pious author , and to perswade us to subjection to our civil as well as ecclesiastick governors , is the main intention and scope of his undertakings ; which i hope ( good reader ) by a due perusal of this small book may be well attained as the thing it self is well made out by the author , and so i leave thee to the use of the book . the original of government . chap. i. who was the first founder , or the first that instituted the office of kings . vvee , say some people , were the first that desir'd them , and moved for them , and had them , and chose them . and all the people went to gilgal , and there they made saul king before the lord in gilgal . sam. . . sam. . . soft and fair , good people ; do not mistake your selves ; you desired , and moved for , and would have , and had a king , but god gave him you : i gave thee a king , o israel , in mine anger , and i took him away in my wrath , hosea . , . according to this we read acts . . they desired a king , and god gave unto them saul , &c. and for your making of a king at gilgal , your making was but approving , and applauding him , that was made already ; for saul was both made a king , and confirmed king , and executed his office , before the people are said to have mad● him king in gilgal : he was anointed king over israel , sam. . . he was confirmed by signs , sam. . , , , &c. he executed his office , sam. . , . god first , sent . and s●condly , shewed . and thirdly , chose . and fourthly , anointed . and fifthly , found them out a king , before ever it is said , they made him . first , god sent him ; i will send thee a man out of the tribe of benjamin , and thou shalt anoint him to be captain over my people . secondly , god shewed him ; for neither the people , nor any of the saints , nor the elders of bethlehem , no , nor samuel himself , knew not where to find this first of kings , 'till god said , this is he , he shall reign over my people , sam. . . thirdly , god chose him himself ; and samuel said to all the people , see him whom the lord hath chosen , sam. . . if the people had made him themselves , or could make him , what needed they to have come unto samuel , to bid him , make us a king to judge us ? sam. . . and to say , give us a king ? which deprecation was indeed no otherwise , than as if they should have desired samuel to have asked a king for them of the lord ; for so it seems by the sequel , for immediately hereupon samuel went unto the lord , and declared their importunity , and the lord said , that he should hearken unto the voice of the people in all that they said unto him , verse . and this most certain and agreeable unto sam. . where samuel tels the people ; ye have this day rejected your god , &c. and have said unto him , set a king over us fourthly , god anointed him ; samuel took a violl of oyl and poured it on his head , and kissed him , and said , is it not because he hath anointed thee to be captain over his inheritance , sam . . fifthly , god found him out for them , where he was hidden from them ; for when all the tribes of israel were come together , and the tribe of benjamin was taken , and the families of that tribe drew neer ; and the family of matri was taken out of those families , and saul the son of kish from thence : sam. . , . ( the smallest tribe , the least family , the poorest benjamite , as shewing us that kings were not to have derivation from the mighty people but from the almighty god : sam. . . ) the people sought him but they could not find him , so that they were fain to enquire of the lord for him , and the lord shewed them where he had hid himself in the stuffe ; sam. . . so that all that the people of israel had to doe , either in the election , institution , nomination , creation , or invention of their first king , was ( when god had done all this ) to shout , and say , god save the king , sam. . , and for their making a king , after all this in gilgall , ● it could be no otherwise than their approbation of him , who was thus made by god already . neither was god only the founder of the first king of the jews , but of all the rest also : he was davids founder too , i have found david my servant , with my holy oyl have i anointed , him , psal. . . it was well for david , for he should have been but a poor king , if he had been but of the peoples finding ; and it may be they would not have known what to have made of him when they had found him . david was not silius populi , but dei , the son of god , not of the people : psalm . . he was neither exalted of the p●ople , nor chosen of the people , i have exalted one chosen out of the people , said god , ( vers . . ) but the exaltation was gods , and the choice not of , but out of the people . kings are not children of the most voices , but children of the most high , psal. . . yet the approbation of the people may serve ad pompam , but not ad necessita●em ; it may ad● something to the solemnity , but nothing to the essence of the constitution ; what was divinely given , may be humanely received , and so are kings . neither will we speak of the king , or the first of the kings of iudah or israel , but we will go along with the first king that e're was read of ( if there be not books ancienter than the books of moses ) and that was melchisedec king of salem : this melchisedec is said to have neither father nor mother ; it could not be said so in regard of his person , for we all know who he was , and who his father and mother were ; he was sem , the eldest son of noah , but it was said so , in respect of his office ; shewing us , that kings , they are not the off-spring of men , but an emanation from the deity , and teaching us , that as kings are not of the peoples making , so they ought not to be of the peoples marring , and as they are not the founders , so they ought not to be the confounders of them ; cujus est instituere , ejus est abrogare , they that institute , may abrogate , they that make , may unmake , what thou buildest thy selfe , thou maist lawfully pull down ; thou maist diruere edificare mutare , quadrata rotundis , but if thou destroyest that which another hath built , thou maist chance to be sued for dilapidations : if a limner draw a picture , he may alter and change it , and if he dislike it , race it out at his pleasure ; or if a carver or ingraver mislike his one handy-work , he may destroy it when he pleases ; but if god makes a man after his own image , and creates him , after his own similitude , we offend god in a high degree , when we cut off , or deface the least part , or member of his handy-work . now kings are lively representations , living statues , or pictures , drawn to the life , of the great deity ; these pictures , for their better continuance , are done in oyl , the colours of the crown never fade ; they are no water colours ; as kings with their own statues will not be angry , though time and age devour them , yet they will not suffer them spitefully to be thrown down , or shot against ; so god , though he will suffer kings to die like men , and fall like other princes ; yet he will not suffer his character , spitefully to be raced , or his image defaced ; but though he will have them dye like men , yet he will have them live like gods. and if all this be not proof suicffient , you shall hear god the father , god the son , and god the holy ghost affirm as much . god the father plainly affirms ▪ john . . dixi dii estis , i have said ye are gods ; but if the stroke had been in the people , then it should have been , nos diximus dii estis , we have said ye are gods. god the son told pilate , thou shouldest have no power except it were ( data desuper ) given from above ; but if the people had given him that power , then it should have been , thou shouldest have no power , except it were ( data desubter ) given from beneath ; and i am sure the holy ghost tels us , per me reges regnant , by me kings reign ; but if they reigned by the suffrage of the people , then it should have been per nos , according to the modern dialect , they reign by us , and as long as we think fit , and when we think it fit no longer , they shall reign no more ; they received their authority from us , and we may recall it when we please , and depose them when we list ; for they are but proxies and atornies , of the people , see buch. de jure regni , fickerus , & renecherus , &c. little thinking how by this powerfull doctrine of theirs , they ( quite contrary to the word of god ) destroy the higher powers , and give the whole trinity the lie at once : and if these testimonies are not sufficient , i know why they are not , because they never were confirmed by act of parliament chap. ii. whether the people can make a king or not . if the question be asked , whether the people doe make the king or not ? i could no more grant it , then i should grant , that the people made heaven ; but if you ask me , whether the people can make a king ( such a one as they use to make ) if they have not one already of gods making , they may ; such are kings and no king ; not reges but regentes ad placitum : kings by election , are allways kings upon condition , an● where the condition is so little worth , the obligation is the lesse , and but small security will be required : for my own part i should be ashamed to ware a crowne on my head , when the people must raigne , and the king stand under the penthouse : an● i had as live they should make me a jack a lent , for apprentices to throw their cudgels at me , as to make me a king to be controuled by their masters , and every tribune of the people ; for as an invitation to a dinner where there is no meat , is but a distastfull banquet , so the name of a king without its adjuncts , is but a favourless renown ; and in deed such as they are not actu reges , they do but agere regem , they are not actual kings , they doe but act the part of a king , and j hold him that acts the part of a king an hour upon the stage , to be as real a king for his time and territories as the b●st king by election , who is chosen but for his life ; herein consists the difference , as the one must act his part as the poets please , so the other must act his part as the people please ; they must have their parts given them , they must act it accordingly ▪ they must not so much as tread the stage awry ; their subjects are both spectators and judges , and it lies within the favour of the next society , whether or no the son shall come to act the fathers part . such kings as these the people may make , but to make a sacred and anoynted king , an established and successive monarch , a king that hath this hereditatem in him , a king that hath this noli me tangere about him ; whose writs were alwaies termed sacri apices , whose commands divalis jussio , whose presence sacra vestigia , whose throne is the lords , whose scepter is his rod , whose crowne is his favour , and whose representation is of himselfe ; the people can no more make such a deity then so many tapers can make a glorious sunne , or so many sparks of sprey and faggots , can make a firmament of stars ▪ chap. iii. what is meant by anoynting of kings . anointing , in severall places of scripture , betokens some spirituall grace , as jam , . call the elders of the church , and let them pray over the sicke , anoynting him with oyl in the name of the lord : which the roman-catholicks call extream unction , though now adays , we only make use of the extremity and leave out the unction : and therefore some will have the anoynting of kings to signifie some spirituall grace also , which shall inable them with religion and aptness to govern well ; which when they cease to doe , their anointing falleth off , and they cease to be kings ; if they be not good , they are none of gods anointed , and if they be not his anointed , they care not whose they are . this doctrine hath cause● the shedding of more bloud than there is now runn●ng in the veins of living christians ; whereas the truth is , it is neither religion , nor virtue , nor grace that is me●nt by this royall anointing ; cyrus was chr●●tus domini ▪ as well as josias , and saul as well as david : if religion were that that did the deed , then cyrus had not been the lords anoyn●ed ▪ if vertue , then no saul ; if grace , neither : if religion make kings , then there should have been of old no kings ; but those of iudah ; and now no kings , but those of christendome . it is jus regnandi that he meant by this royal anointing ; and vnction confers no grace , but declares a just title only ; unxit in regem , he anointed him king , includes nothing but a due title , excludes nothing but usurpation ; gives him the administration to govern , not the gift to govern well ; the right of ruling , not of ruling right : kings are anoynted with oyl , to shew , that as they have thrones to signifie that they are the cistern of iustice , and crowns to signifie that they are the fountains of honours , and scepters to signifie that the hands which hold them , are the magazines wherein the whole strength & amunition of kingdoms are reposed : so anointing is a sacred signature betokening soveraignty , obedience to the throne , submission ●o the scepter , allegiance to the crown , and supremacy to the oyl must needs be given , for oyl will have it : pour oyl and wine , and water , and vinegar , or what other liquor you please together , oyl will be sure to be uppermost : the three first ceremonies make him but high and mighty , and puissant , but the last only makes him sacred , and therefore some have maintained that a king is mixta persona cum sacerdote , whether he be so or no i will not here insist ; but sure i am , that there is much divinity in the very name , and essence of kings ; which duly consi●ered and belived ▪ that kings are thus sacred ( as we ought , and gods word informs us ) we would take heed how we touch , take warning how we tear and rend in peices , as much as in us lies ( with those leaden messengers of death ( with their gunpowder commissions ) to fetch the higher to the lower powers , and make the king a subject to the subjects wills , ) the sacred person of so great majesty ; whereas the cutting off but a peice of the lappe of ●auls garment , hath checkt a greater spirit , then the proudest riser up against his soveraigne : we would not speak so despicably of the lords anointed ; what is the king ? he is but a man , he is but one he hath a soul to be saved as well as others ; for though all this be true , yet the end for which all this is said , is most false and a●ominable , for though it be true that the king is but a man ▪ yet it is also true , that that man is the light of israel , kin. . . we must take heed how we put it out . and though it be true , that such a piece of silver , is but a piece of silver , yet as it bears cesars image and superscription upon it , it is more significant ; and if thou either pare or impare it a jot , if thou art found either clipping , or diminishing of it in the least degree , thou dost it to the prejudice of thine own life ; so though a king be but a man as in himself , yet as he bears representation of god , and hath his character stamped upon him , he is some-what more , if you will beleive him that said ye are gods , psalm . . and therefore we must take heed how we debase or detract from them who represent so great a deity , who by reason of their proximity and nearnesse unto god in some respects are most commonly of more discerning spirits then ordinary men : for mephibosheth , when his servant had so grieviously slandred him to david , he makes but a short complaint . my servant hath slandred me ; but ( as if he should say , i need not tell thee much , thou hast wisedom enough to find it out ) my lord the king is as an angel of god , doe therefore what is good in thine own eyes : therefore because thou art as an angel of god , and thy selfe art a good intelligencer , as all angels are , do what is good in thine own eyes ; as if he should have said , if thou doest only that which seemeth to be good in other mens eyes , it may be they will perswade thee that the thing was true , wherein my servant slandred thy servant poor mephibosheth , and he huffer wrongfully . i am of opinion that god gives to every king to whom he communicates his name and authority , this extraordinary gift of discerning ; but because they do not some times make use of it to the end it was bestowed upon them , viz. ( the better goverment of their severall dominions ) but are contented to see and discerne with other mens eyes ; and to have false spectacles put upon their noses , whereby many a good man suffers : god in his justice gives them over ▪ that in their own particular , and wherein their own greatest good is chiefly concerned , they shall make least use of their own judgements and advice , and wholly give themselves to be overswayed by the advice of those , whose judgements perhaps is not so good as their own , and whose intentions ( it may be ) are no better then they should be . it is written that the hearts of kings are in the hands of the lord , and he disposeth them as seemeth best to his heavenly wisdome ; certainly i would take a little advice from that heart , that is so directed by that hand ; the kings head never plotted treason against the crown , and no man can wish better to his majesty then the king. i speak not this in derogation either of the great or privy councel ( for it is written , in the multitude of councellors there is safety ) but in defence only of these sons of oyl , who are supreme in both . and as it is true that the king is but one man , so it is also true , that one man is worth ten thousand of the people ; thou art worth ten thousands of us ( though all his worthies were in place ) sam. . . and though it be true , that the king hath a soul to be saved as well as others , yet it is also true , that he should have no body to be crucified by his subjects , out of their dis-esteem of his person , the ceremonies of state ( as anointing , sitting in thrones , holding of scepters , and coronation it self ) being to be exploded now a days ; and who look'd for it otherwise , when the lawful and decent ceremonies of the church were called reliques of popery , and raggs of the whore of babilon : was it otherwise to be expected , but that they would call these ceremonies of state , theatrica pompa : stage plays , toyes : tush say they , what need all these popperies , a kings throne is his ●ustice , his crown his honour , his scpeter and heifest strength , the peoples hearts ; his holy oyl is his religion , and zeal to gods glory ; and so it is , what then ? may we not have the signs , and the things signified also ? because the true receiving of the communion , is the receiving of the body , and blood of christ by faith ; therefore shall we have no bread and wine ? or because that true baptism is the washing away of original sin , with the la●er of regeneration ; therefore shall we have no water powred on the child ? we have scripture for these ceremonies , and i am sure we have no scripture for the abolishing of them , but rather scripture for their continuation for ever . reges in solio collocat in perpetuum : god establishes kings upon their thrones for ever , job . . . chap. iv. why they are called the lords anointed . the lords anointed , is as much as to say the lords christ , and christi signifieth anointed ones : in the hebrew you shall read it , who shall lay his hand upon the lords messiah ? for the lords anointed . sam. . . in the greek , who can lay his hand upon the lords christ. kings are taken into the society of gods name , dixi dii esti● , i have said ye are gods ; and here into the society of christs name , and all to terrifie subjects from lifting up their hands against the lords anointed , as much as if he were god or christ himself . again , kings are not termed uncti domini ( for that were no prerogative to them at all ) but christi domini , for not only persons , but things also , were anointed under the law ; not only kings , but priests and prophets likewise ; neither did it rest there , but it extended to the tabernacle it self , and ran down to the vessels thereof , even to the very fireforks , ashpans , and snuffers : but unto whom said he any time , tu es christus meus , heb. . , . but unto christ , and kings ? to christ once , luke . . to kings thirty two times throughout the bible ; four times by god himself ; kings are called christi mei , mine anointed ; six times to god , christi tui , thine anointed , ten times of god , christi ejus , his anointed ; twelve times in terms terminant , christi domini , the lords anointed : and therefore the ol● translator observed it rightly , when in the same word , in the hebrew , and the greek , he speaks of the priest , he translates it unctus ; but when of the king ( always ) christus . and as they are not uncti , but christi , so they are not christi populi , but christi domini ; not the people 's anointed , but the lords anointed ; there may be a master of the ceremonies , but there must be no master of the substance ; they are the lord 's christs , and they hold their kingdoms under him , in kings service : neith●r are the kingdoms of the earth any bodies else but gods : the kingdoms are gods , dan. . . neither are they at any mans disposing but his , he giveth them to whom he pleaseth , ( loco citato ) therefore for whose they are , they are the lords ; and for what they are , they may thank him and none else . secondly , they are the lords , because that by him , an● in him , and through him , th●y have their dominion , and regiment ; from him they have their crowns ; from his hands their coronation : di●dema regis in manu dei , esay . . the ●oyal diadem is in the hand of god , and out of that hand he will not part with it so much , as for another , to place it upon the kings head ; but it must be tu posuisti ( tu domine ) thou , o lord , hast set a crown of pure gold upon his head , psal. . . the emperours used to stamp their coyn with a hand coming out of the clouds , holding a crown , and placing it upon their heads ; we have no such hierogliphicks in our coyn , as a hand coming out of a cloud ; but we have grace from heaven , d●i gratia , so that there is not a king but may say with the apostle , gratia dei sum qui sum , by the grace of god ▪ i am that i am ; and indeed kings are kings , as paul was an apostle , not of men , neither by man , but by god. thirdly , they are the lord 's christs ; because , not only their crowns are in the hands of the lord , but he puts the scepter into theirs : nay , the scepters which princes hold in their hands , are gods scepters , being there , virga d●i in manibus ejus , it is gods rod that is in their hands , exod. . . and therefore right is the motto ( and reason is it that they should be esteemed the lords anointed ▪ ) diev et mon droit , god and my right ; none else have to do with it , the scepter of a kingdom , in the hands of a king , is the livery and seisin which is given him by god , of the whole mili●ia , within his dominion : they that take away that , put a reed into the hand of christs anointed : and why should it be expected that they should deal otherwise with christs anointed , then they did with christ himself , first put a reed in his hand , and afterwards a spear into his heart . fourthly , kings are the lords anointed , because they sit upon his throne : sedebat solomon in throno dei , ●olomon sate upon gods throne : chro. . . but if solomon should have lived in these our days , instead of his six steps to his great throne of gold , and ivory , he should have six steppers to his throne , for the gold and ivory sake ; instead of having a foot-stool of gold under his feet , he should have much ado to keep a crown of pure gold upon his head : instead of hands to stay his throne , he should have hands enough to pull it down , and cast it to the ground : and instead of two , and twelve lyons fixed on cach side as a guard unto his throne , he should have found many lyons , without regard , running up and down , seeking how they might destroy him . lastly , kings are the lords anointed , because they are anointed with his own oyl ▪ oleo sancto meo , with my holy oyl have i anointed him , psal. . . it is not with any common , or vulgar oyl , or oyl that any lays claim to but himself : but it is oleo meo , my oyl , neither is it oyl , that was fetch'd out of any common shop , or warehouse , but it is oleo sancto , with holy oyl , oyl out of the sanctuary : and no question but this is a main reason ( if they would speak out ) why some have such an aking tooth at the sanctuaries , because they maintain in them , oyl for the anointing of kings ; but if the alablaster box were broken , the ointment would soon be lost : if they could persuade the king out of the church into the barn , they would soon pull a reed out of the thatch , to put into his hand instead of a scepter ; or if they could get him to hear sermons under a hedge , there would not be materials wanting to make a crown of thorns to plat it on his head . thus you see the reasons why kings are called the lords anointed , because the lord hath appropriated them unto himself , not in a common and general way , but in a particular and exclusive manner : my king , my kingdom , my crown , my scepter , my throne , my oyl , where is there left any place for claim ? pride may thrust down angels out of heaven , and violence may crucifie the son of god ; but ( all these things considered ) who can stretch forth his hand against the lords anointed , and be guiltless ? sam. . . chap. v. whether bad kings be the lords anointed , or not . they are : for they are of the lords sending , and appointment as well as the good . i will set an evil man to rule over them ( saith god ) and i gave them a king in mine anger , hosea . . which king was saul , which saul was a tyrant , which tyrant was the lords anointe● when he was at the worst . you cannot have two better witnesses then david , and the holy ghost , sam. . cyrus was a heathen persian , and one that knew not god , yet for all that , haec dicit dominus , cyro christo meo , thus saith the lord to cyrus mine anointed ; esay . . nero was no good emperour , but a monster of man-kind , yet saint peter , in whose days he wrote his epistle ▪ commanded all christians to submit to him ▪ pet. . . hasael , whom the lord fore-saw , and fore-shewed unto his prophet elisha , to be the destroyer of his people of israel , and one , that should make them like the dust by thres●ing , kings . . one that will set their strong holds on fire , slay their young men with the sword , dash their children against the wall , and rip up their women with child ; insomuch that it made the prophet weep to foresee all the miseries that should happen , king. . . insomuch that it made hasael himself ( when he was told thereof ) cry out , is thy servant a dogg , that he should do all these things ? vers . . yet for all this , go● will have him to be king , and it be put to scourge his people , the lord hath shewed m● that thou shalt be king over syria ▪ vers . . julian when from his christianity , he fell to flat pagani●m , yet this anointing held , no christian ever sought , no preacher ever taught to touch him , or resist him in the least degree ; for whilst the cruel and bloody emperours were persecuting the poor christians , they were fitting their necks for the yoke , and teaching one another postures , how they might stand fairest for the stroke of death . and this was not quia deerant vires , because they could not help it ; for the greatest part of julians army , and the most part of his empire were christians : for saith tertullian in his apologetical defence of the christians of those times , una nox pauculis faculis , &c. one night with a few firebrands will yield us sufficient revenge , if we durst , by reason of our christian obligation , and shews how they neither wanted forces , or numbers and that neither the moors , or the persians or any other nation whatsoever , were more mighty , or more populous than they : and how they filled all places , towns , cities , imperial palaces , senates , and seats of judgment ; and that they could do any thing , in their revenge , if it were any thing lawful ; but this anointing was the thing that kept the swelling down , and hindred the corrupt humours from gathering to a head : and therefore it is not as stephanus junius , franciscus hottomanus , georgius buchananus , ficklerus ● renecheru● , with the rest of the pillars of the puritan anarchy , do answer ( being gra●el'd at the practice of the primitive chri●tians , an● those precepts of the holy apostl● ) that the church then ( as it were swathed in the bonds of weakness ) had not strength enough to make powerful resistance ; and therefore , so the one taught , and the other obeyed , but if this doctrine were allowable , then would inevitably follow these two gross absu●dities . . that the pen of the holy ghost ( which taught submission even to the worst of kings ) was not directed according to the equity of the thing , but the necessity of the times . . that either the holy ghost must turn politician , and become a timeserver , or else the church must lose the means of its being , and substance . whereas we know the contrary so well , that when acies ecclesi●e , was so far from its bene ordin●ta , that w●en all the souldiers fled , and the life-guard ●outed , the lord of ●ost ( the general himself ) taken prisoner , yet then , like the sun looking biggest in lowest estate , so the son of righteousness , think ye not that i can pray unto my father , and he will send legions of angels ; and rath●r than gods children shall be oppressed by a company of egyptians ( if it be his pleasure to deliver them ) he can , without the drawing of one sword , turn rivers into blood , produce an army of froggs to destroy them : and rather than they should be necessitated for lack of means , send swarms of flies , that may serve them in the stead of so many rescuing angels , and therefore it was not any necessity , that the church was , or could be in , that procured in the apo●tl●s , or the first christians , either that doctrine , or that use ; it was not disability , but duty ; not want of strength , but a reverend regard of the lords anointed , that wrought these effects in both : let the people be never so many and mighty , and the princes of the people never so wicked and cruel , mos gerendus est , we must obey them ; not in the performance of their unjust commands ; but in submission to their just authority ; if not by our active , yet by our passive obedience : if not for their own sakes yet propter dominum , for the lords sake ; if not for wrath , yet for conscience sake , rom. . . if it goeth against thy conscience , say , as the people were wont to say , when they fell down before the ass that carried the image of the god●ess isis , upon his back , non tibi sed religioni ; if thy conscience condemns thee , god is greater than thy conscience , and we must look what he commands , as well as what she dictates ; the one may be mislead , the other cannot mislead ; sacrifice may be either pleasing , or displeasing to the lord , but obedience was never faulty ; thou maist offer the sacrifice of fools , when thou thinkest thou doest well : but upon how sure grounds goes he , who can say with the prophet in all his actions , if i have gone a stray , o lord , thou hast caused me to erre ? never deviating from the express of his word . now god gives us express command , that we should not touch his anointed what condition soever they are of : nolite tang●re christos meos , touch not mine anointe● ; an● where gods rules are general , we must not put in exceptions of our own ; for the wickedness of a king can no more make void gods ordinance , of our obedience unto him , then mans unbelief can frustrate gods decree in us , rom. . . let saul be wicked , an● let wicked saul be but once anointed , david states the question neither concerning saul , nor ▪ his wickedness , but whether he being the lords anointed ( there 's the business ) it is lawful to stretch forth a hand against him ( who can stretch forth his hand against the lords anointed and be guiltless ? sam. . . chap. vi. whether upon any pretences whatsoever it be lawful to depose , murder , or so much as to touch the lords anointed . there was the first time that ever it was put to the vote , whether a king might be put to death or not , but it was resolved upon the question in that parliament ; ne perdas , destroy him not ; it is well that david had a negative voice , or else it had been but a bad president for kings ; it is well that the men with whom david had this parley , would hearken unto reason , and let that sway them , otherwise david might have been forced to fly as fast away from his own men as he did at first from saul : for there wanted no lay-preachers then , to preach the destruction and slaughter of princes , under the pretences of wicked government and tyranny ; who had the trick then , as well as now , to couch their foul meaning in good words and scripture phrase , with a dixit dominus , when the lord said no such thing ; as davids zealots , sam. . . this is the day whereof the lord said unto thee , i will deliver thine enemy into thine hand , and thou shalt do unto him ( what ? ) as shall seem good unto thee , that is thou shalt murder him , that was their meaning : though the word was a good word ; and we do not read where the lord said any such thing at all : so abishai , sam. . . god hath delivered thine enemy into ●hine hand : what then ? therefore let me smite him ; no such matter ; david denies the consequence , as if he should have said , god hath delivered him into my hand , but i will make no such bad use of his deliverance , i had rather hereby shew him his own error , and my innocency ▪ then any way stretch forth my hand against him , for he is the lords anointed , and when sleep had betrayed saul to davids power in the trench , and made the king a subject for davids innocence , he esteemed himself but as a patridg in the wilderness , when he might have caught the eagle in the nest : he pacified sauls anger , by inabling his power to hurt , sent him his spear ( it seems he did not think it fit to keep the kings militia in his hands ) and humbly beggs , let not my blood fall to the earth ; when , if it had not been for david , abishai would have smiten saul unto the earth at once , so that he needed not to have smitten him the second time , but david would not : destroy him not saith he , and his reason was , quis potest ? who can stretch forth his hand against the lords anointed , and be guiltless ? another most notable demonstration of davids innocency , and subjection , unto a hard master , a most tyrannical king , cruel saul ; we have , sam. . when in the cave of engildi , david might have cut off sauls head ; like precious oyntment , he descends only to the skirts of his garment , and with a quid feci ? checks himself , and beshrews his heart that he had done so much , and upon a little looking back of saul ( as if he had put on rays of majesty ) david bows , and stoops with his face to the earth to him , when he might have laid his honour in the dust ; call'd him my father ; when that father came to sacrifice him upon the mountains , and ( isaac-like ) nothing but see my father , when he could see nothing but fire , and sword , and himself also the lamb , ready for the sacrifice , a true isacc ( though many young men staid behind with the ass ) will after his father , though he have fire in the one hand and a knife in the other , ready for to sacrifice his follower ; a right david , and he that is a man after gods own heart , though he could bite to death , and knaw into the very bowels of his soveraign , yet he will assume no farther power to hurt , than to the biting of a flea ; after whom is the king of israel come out ? after a flea ? afte● whom doth saul pursue ? after a dead dog ? when he might have caught the lion in the toyle . i could easily be endless in instances of the like nature , as our saviour christs obedience to the death , under the raign of tiberius ; his disciples un●er nero , claudius and caligula , whose governments were opposite to the propagation of the gospel , as themselves were enemies to the propagators of it ; yet we see they neither attempted the alteration of the one , or the destruction of the other ; yet christ could do much if he pleased , and if the napkins of saint paul , and the shadow of saint peter could cure diseases ; if a word out of their mouths could strike men and women dead in the place ; if an oration at the bar , could make a king tremble on the bench , then surely you will confess that his disciples could do something : yet nothing was done or attempted against those wicked , cruel , and pagan emperours , one instance shall suffice for all : what mischief or injury could be done more to a people , then nebuchadonozer king of babylon did unto the jews , who slew their king , their noble , their parents , their children , and kinsfolks ; burn●d their country , their cities , their jerusalem , their temple , and carried the residue ( who were left alive ) captives with him to babylon . and now behold ( then ) nebuchadonozers good subjects : will you hear what advice the prophet daniel gives them for all this ? baruch . . pray you for the life of nebuchadonozer king of babylon , and for the life of balthazer his son , that their days may be upon earth , as the days of heaven , and the lord will give us strength ; ( what to do ? to wage war against him ? ) and lighten our eyes ( what , with new revelations how they may be reveng'd ? o no ) that we may live under the shadow of nebuchadonozer king of babylon , and under the shadow of balthazer his son , and that we may serve them many days and find favour in their sight , truly shewing that a king is alkum , prov. . . one , against whom there is no rising up ; that is , not upon any pretences whatsoever : there can be no pretences whatsoever more fair and specious ; then those of defending the church , and redressing the common-wealth . for the first ; if religion be any thing pushed at , think you that rebellion will keep it up , or that it ever stood in need of such hands ? when god refused to have his temple built by david , because he was a fighter of the lords battels ; think you that he will have his church defended by fighters against the lords anointed ? to defend religion by rebellion , were to defend it by means condemned , by the same religion we would desend ; an● to reform or redress the common-wealth , by insurrection and rebellion , were to rectifie an errour with the greatest of all mischiefs ; no government worse than a civil war , and the wor●● go●ernour is always better than the best rebellion : rebellion is as the sin of witchcr●ft , and stubborness is as idolatry : and how perilous a thing it is , for the feet to judge the head , the subjects to chose wha● government and governours they will have ; to condemn what , and whom they please , to make what pretences and surmises they have a mind to , this kingdom by woful experience hath had sad resentments . imbecillities and weaknesses in princes , are on arguments for the chastisements , deposing , or murdering of kings ; for then giddy heads will never want matter or pretences to cloak their rebellion : shall moses , because pharaoh was an oppressour of gods people , and had hardned his heart , and would not let the israelites depart , therefore inflict punishments upon pharaoh , or so much as depart without his leave ? though moses could inflict punishments upon the whole land , yet his commission never went so far , as to touch pharaoh , in the least degree ; though swarms of flies came into the house of pharaoh , and frogs entred into the kings chamber ; yet we read not that they seized on pharaohs person ; there were lice in all their quarters saith the psalmist , and there became lice in man and beast , upon the smiting on the dust , but none were smitten of the person of the king : boyls and blains were upon all the egyptians and upon the magicians , so sore , as they could not ●●and in the presence of pharaoh , but they were not on pharaoh , that he could not stand himself ; pharaoh his eldest son may die , but vivat rex , pharaoh must not b● touch'd . did bsalom do well to conspire again●● his father , though he defiled vriahs bed , and cloaked adultery with murther ? should the priest , peers , prophets , or people , offer to depose solomon , because he had brought strange wives into the land , and as strange religion into the church ? shall elias entice ahabs subjects to rebellion , because he suffered jezabel to put naboth to death , and killed the lords prophets ? shall peter take vengeance upon herod because he put him in prison , beheaded john the baptist , and killed james ? shall reuben be no patriarch , because he was unstable as water ? shall simeon and levi lose their patriarchal dignity , because they were brethren in iniquity , and instruments of cruelty , because in their anger they slew a man , and in their self-will digged down a wall ? shall judah be depose● from his rule and government for making a bargain with an harlot upon the high way ? shall issachar not be numbred amongst the other twelve , because he was none of the wisest ? no reason ; they were patriarchs as well as the rest , which was the immediate government before kings ; and ( indeed ) were princes themselves : princeps dei es inter nos , gen. . . thou art a mighty prince amongst us : and thus much shall suffice ( and i hope sufficient ) to shew , that no faults or pretences whatsoever , can make it lawful to depose , or so much as to touch the lords annointed . chap. vii . what is meant by touching the lords annointed , or stretching forth the hand against the lords anointed . not dare to touch the lords annointed , is an awfull reverence , and a supposed difference to be kept , between every subject and his soveraign ; esp●cially in point of violence . a mother doubting the discretion of her children , and being to leave some curious looking ▪ glass in a place , doth not comand her children they should not break it , but that they should not touch it ; knowing full well , that if they have the liberty to meddle with it in the least degree , they make break it before they are aware , and destroy it when they think least of any such matter . so god is very chary of his king , wherein he beholds the representatio● of himself , and ●nowing him to be but brittle and though the most refined earth , yet bu● glass : he commands his people that they should not touch his anointed ; knowing that if they were permitted but to tamper with him in the least degree , their rude hands may break it in pieces , when they do but think to set it right . a touch is but of one man , though but with one of his fingers , yet this must not be ; nolite tangere , it is not said ne tangere , wherein only the act of touching is forbidden , but nolite tangere , whereby the will is also prohibited : how wary should we be in touching , when the lord is so cautious in his prohibition ? now stretching forth the hand may signifie a combination of many into one confederacy , the hand being a part of the body , composed of five members ( one and all ) but this must not be : a most unhappy instrument is that hand that turns it self into the bowels of its own body ; if the head break out by chance , the hands must not presently be in the head clawing , with invenomed nails , the corruption there , lest that itching desire , turn into smart in the end ▪ lest when the peaceable day springing from on high , shall happily visit you , that now sit in darknesse and in the shadow of death , we then see our bloody hands , and this ( once happy ) kingdom , the only pillow , whereon peace had laid her head , streamed ( like the egyptian river ) all with blood . in a word , by touching the lords anointed , or by stretching forth the hands against him , is meant any kind of violence that is used against sacred majesty , and the signification thereof is of a large extent ▪ for we stretch forth our han●s when we do but lift up our heels in scorn against him ; who so lifteth up his heel , psalm . . . secondly , we stretch forth our han●s again●t the lords anointed , wh●n we do but raise up arms in our own defence ; whosoever resisteth the power , resisteth the ordinance of god , and draweth damnation upon himself . rom. . thirdly , we stretch forth our hands again●t the lords anointed , when we stretch not our tongue and voice , when we hear of any traiterous plots or conspiracies against the lords anointe● , and so bring such conspiracies to light : it is a foul thing to hear the voice of conspiracy , and not to utter it : lev. . . as good lay thy hand upon the lords anointed , as lay thy hand upon thy mouth and conceal the t●eason . fourthly , we stretch forth our hands against the lords anointed , when we do not stretch forth our hands for the lords anointed , when we see him assaulted with any danger , or traiterous opposings . should a man see his father fiercely assaulte● , and should not presently run to his rescue , but should suffer him to be slain before his face , would we not equally exclaim against him with the murtherers , qui non vetat peccare quum potest , jubet ; he bids , that doth not forbid with all his power ( like a true son ) such outrages and violences , to be committed against the father of his country . fifthly , we touch the lords anointed , when we touch his crown and dignity ; intrench upon his regalia ; hol● or withhold his sons or daughters , kill or take prisoners his men of war ▪ we must take heed of ●efacing the garment , as well as of hurting the person , for they are both sacred ; the precious oyn●ment , wet not aarons head alone , but it ran down upon his beard , and down unto the skirts of his garment , making all sacred that was about him ; such touchings t●erefore are worse , than when we touch the person with the greatest violence ; for then the ano●nte● are mo●t touche● , w●en they are touch●d where the anointe● is , which is their ●tate and crown , dearer to them than their lives ; touch bot● , ●●e mur●er of the person , is but a consequence to the d●posement of the dignity . sixthly , we touch the lords anointed , when we take away h●s re●enue and li●el●hood from him , the devil thought that he ha● stretched forth his hand excee●in●ly again●t job , touch'd ( and touch●d him to the quick ) when he had procured gods permission , that the sabeans and caldeans should take away his oxen and asses , his s●eep and camels , and plundered him of all he had ; god called this a destraction unto jo● , job . . and that before ever a hand was stretched forth to touch either his bone , or his flesh . seventhly . is there no stroke but what the hand gives ? yes , the tongue can strike as well as the best : jer. tells us so , venite percutiamus cum lingua : come let us smite him with the tongue , jer. , . and david said , his tongue was a two edged sword : there is , ( saith solomon ) that speaketh ( and that waiteth too ) like the piercing of a sword : it is bad enough in any , or against any man , but worst of all again●t the lords anointed ; for it is said thou shalt not revile the gods , nor speak evil of the ruler of the people : saint paul , but for calling of a high priest , painted wall , ( though ) when he caused him to be smitten contrary to the law , yet he eat his words and confessed his error ; and now many , that would seem to be followers of paul , are revilers of kings and make no bones thereof . the same god that commanded laban , in respect of his servant , vide ne quid lo ●uare durius , see thou give no ill language , certainly expects that ●ubjects should set a watch before their mouths , to keep the door of their lips , lest they offend with their tongue , in speaking ill of princes . eighthly , as the tongue can strike without a hand , so the heart can curse without a tongue : eccl. . . curse not the king , no not in thy heart , for a bird in the air shall carry the voice , and that which hath wings shall ●●ll the matter . the hand implies both ; never was the hand stretched forth to any evil act , but the h●art was th● p●ivy counsellor , and the tongue the chief p●rswader unto such enormities ; therefore it is goo● , obstare princi●iis , to cru●h the cockatrice egg , kill it in the hea●t , lest those pravae cogi●ati●●es want room , and then out of the abundance of the heart the mouth speaketh , and perswades the hand to be the destruction of the whole body : if hand , and heart , and tongue , and pen where thus regulated , we need not long look for peace , or despair of an accommodation , but whilst the hand is up , and the heart is set at liberty , and the tongue saith , our tongues are our own , we , ought to speak , who is lord over us ? and every pen is a ready writer in matters pertaining to the king : in vain it is to seem christians , whil●t we are such antichrists : the bible under our arm , falls to the ground , whil●t we stretch forth our hand against the lords anointed : why do we take gods word into our mouthes if we let it not down into our hearts , to do as that directs us ? christian liberty never cut the string , that tied the tongue to those observances . of these things there might be applications made , but lapping as they go along is best for doggs , where there are crocodiles in the river . it seems by the story , that kings may be coursely dealt withal if men make no bones of being guilty ; they stand like the forbidden tree , in the midst of the paradise of god , m●n may touch them , but they had better let them alone ; if god had placed ( at the first ) cherubims , and a flaming sword , turning every way to defend the tree , how could there have been a trial of adams obedience ? so if god by some instinct , had chained the hearts of men , and tied their hands , and bound them to the peace , so that they could neither in thought , word , nor deed , have committed violence against his vicegerent , how could there have been a trial of the subjects duty ? the tree had no guard , nor fence about it , but only , thou shalt not eat thereof , if thou doest , thou shalt surely die the death , princes have no better security for themselves , than the almighties command for their preservation , ●olite tangere , &c. touch not mine anointed ; to break the first , was but death , the second is damnation ; if thou resist the higher powers , you resist the highest god , and he that resi●teth shall be damned , romans . . the commandment concerning the tree of paradise , was only thou shalt not eat thereof ; but we are forbidden to touch so much as a leaf of our forbidden tree , much less to shake down all his fruit ; there is hopes of a tree , saith job , that if it be cut down , yet it will sprout again , but not only a finger , a hand , but an axe must be laid to the root of the tall cedar of our libanus ; yea , they must be rooted up like the names of taronius ; they will not leave so much as a stump of nebuchadnezzers tree chain'd to the earth ; up must all root and branch , till all the royal branches lie like sprey upon the ground : these men had rather be destroyed themselves , than say the lords anointed is not to be destroyed . go ye blind zelots , hearken to your wives , and let them perswade you to disobedience , and the devil them , as eve did adam , and the devil her : behold the objects she presents unto your view ; how good they seem , how fair they look , how pleasant they are to thine eye , how wise you think you sha●●●e , how full of knowledg , when poor wretches , you shall find all these promises tu●ned into fig-leaves , to hide your nakedness : all these golden apples of palestine once toucht , evaporated into stench and blindness , and that your disobedience hath given you nothing but curses , and brought you nothing but sorrows and death upon your selves and children , and profited you nothing but the turning of an edom into a wilderness , till you be glad to eat the herbs of the field , and by the same fault , fall into the same punishment with our neighbours of germany , dye with grass in your mouths . these things fell upon adam for his disobedience unto god , and the like will fall upon us ( the sons of adam ) for our disobedience unto gods anointed . o then let us not by any means lift up our hands against the lords anointed , lest ( like adam ) we fall from our state of innocence , and be guilty : guilty of all the blood that hath , and shall be spilt upon this land , guilty of the tears of so many fatherless children and widowes : and if we will not be obedient unto a prince of men , guilty of all the eternal thraldom and submission unto a prince of devils : take then the advice of the wise solomon , prov. . . if thou hast done foolishly in lifting up thy self , or if thou hast thought evil , lay thy hand upon thy mouth : fear god , honour the king , have nothing to do with them that are subject unto charge , for their destruction commeth suddainly ; and so will yours . let no man deceive himself , he who is not good in his particular calling , can never be good in his general calling . he is no good man , that is no good servant , and if he be no good subject , he is no goo● christian , he that honoureth not the king , doth never fear god ; and except he obeys both , he obeys neither . chap. viii . whether kings now adays are to be had in the same veneration and esteem , as kings were under the law , by reason of our christian liberty . certainly the murmuring of co●ah , dathan and abiram , with their complices ; thou seekest to make thy self altogether a prince over us , the lord is among us , we are all alike holy unto the lord , ( and therefore moses and aaron must be no more excellent than the rest of the people ) was no prophesie to be fulfilled in these our days ; for if it had , surely our saviour would never have paid tribute for himself and peter , mat. . . which was a symbole of their subjection to heathen pagans ; for this cause pay ye tribute , rom. . . we have those who are apt enough to mak● arguments with our saviour , bearing this conclusion , then are the children free , mat. . . but few that will imitate his peaceable example , to fish for money , rather than offend the higher powers , mat. . . and if you conjecture that our saviour did this meerly for quietness sake , behold the question● rightly stated ▪ is it lawful to give tribute to caesar or not ? mat. . . seriously propounded ( master we know that thou art true ( an● therefore we hope thou wilt not deceive us with a lye ) and teachest the way of god in truth ( and therefore thou wilt not cause us to err through the deceiveableness of unrighteousness ) neither carest thou for any man ( and therefore thou wilt not be afraid to speak the truth ) thou regardest not the persons of men ) therefore fearing only god , thou wilt boldly , and faithfully without partiality , or fear , plainly tell us , whether it be lawful or not ) clearly determined and concluded upon ; da caesari quae sunt caesaris , mat. . . if christian liberty , should loose the reigns of civil government , then christ would never have acknowledged pilates power to have been of god , john . . if subjection unto kings were a hinderance to the propagation of the gospel , then saint peter would never have exhorted the christians to submit themselves to every ordinance of man. pet. . . we have too many submitters now-adays unto every ordinance of men , but they are not unto such ordinances , whereof the king is supreme , pet. . . object . it is better to obey god than man , and therefore for his sake we cannot obey every ordinance of man. sol. the apostle doth not in this place discourse of obedience , but of submission : obedience is to be given to things , only lawful ; submission is to be given to any ordinance whatsoever , though not for the things sake , which is commanded , yet propter dominum , for the lords sake who doth command , so absolute submission : where god commands one thing , and the king comman●s another thing , we may refuse his will , and there is perfect obedience ; when god commands one thing , and the king commands the contrary , we may not resist his authority , and therein is true submisson ; and this the apostle doth not only assure us to be the will of god , but puts this well doing in the stead of knowledg and wisdom , whereby the ignorance of foolish men may be put to silence , pet. . . when fre●dom stan●s on tiptoes , her coat is too short to cover her maliciousness , therefore the apostle exhorts us to behave our selves as free , but not using our liberty , as a cloak for maliciousness , pet. . . if christian liberty did break the school of civil government , then saint paul would never have been such a school-master to the romans , rom. . let every soul be subject to the higher powers : an excellent rule for our obedience , every soul , no exemption by greatness , or holiness , or any by-respect whatsoever , but if he have a soul , let him be subject to the higher powers : if two powers clash one against another , here we know which to stick to in our obedience , that is , which is highest ( and that saint peter plainly t●lls us is the king , whether to the king as supreme , pet. . . ) there is no power but of god , the powers that be , are of god , whosoever therefore resisteth the power , resisteth the ordinance of god , and they that resist shall receive to themselves damnation , v. . what christian then can have his conscience so misled , as to resist those powers out of conscience , when the apostle plainly tells us , v. . we must needs be subject , not only for wrath ( that is , for fear of them ) but also for conscience sake , because god commanded it . there were anti-monarchists , and anti-dignitarians even in the apostles time , but if it had been laudable , or agreeable to chri●tian liberty , then saint jude in his epistle v. . would never have called the despisers of dominion and evil speakers of dignities , filthy dreamers and defilers of the flesh ( as he put them , so we find them both together ) he never would have compare● them to bruit beasts , v. . he never would have pronounced woes unto them , as unto the goers into the ways of cain : greedy runners after the error of balaam , for reward ; and perishers ( as in the gain-saying of corah ) v. . he would never have compared them to clouds without water : carried about with wind : to fruitless wretched trees , twice dead , plucked up by the roots : to raging waves of the sea , foaming out their own shame : wandring stars , to whom is reserved the blackness of darkness forever , ver . . . he never would have described them unto you so fully , to be murmurers , complainers , walkers after their own lusts , wide mouth'd , speakers of great swelling words , having of mens persons in admiration , by reason of advantage , separatists , sensual , ( and though they pretend never so much unto it ) having not the spirit , v. . . christian liberty frees from the ceremony of the law , not from the substance of the gospel : whereof we see submission and subjection unto kings , is a great part thereof . the roman yoke , and the romans hands which held the plough ploughing upon the christians backs , and made long furrowes , and for a long time , were both adverse to the propagation of christs gospel ; yet during all that time , neither christ , nor any of his disciples , ever attempted either the change of the one , or the displaying of the other ; and shall we think our selves more wise than he , who is the wisdom of the father ? or better advised than by him , who is the everlasting councellour ? or that any mans doctrine can settle us in more peace and quietness than he , who is princeps pa●is , the prince of peace ? will you have more orthodox fathers than the apostles ? or the children of this generation to be wiser than the fathers of old ? christ and his apostles with all the antient fathers taught , and subscribed to this doctrine . first , christ , da caesari quae sunt caesaris : then saint paul , render to all their due , tribute to whom tribute is due , custom to whom custom , fear to whom fear , honour to whom honour , and all to caesar : then st. peter , submit your selves , &c. fear god ▪ honour the king , &c. sic passim in scripturis . dear christians , are we better pleased with the glittering tin●el of a painted baby from a pedlers shop , than with the rich , and inestimabl● jewels of divine truth ? will we suffer our s●lves to be cozene● with the g●lded slips of error ? and what enthusi●smes every pretended spirit , if not ev●ry ●obler , weaver , groom , or coach-man , shall dictate , who are but velut ign●ae , and velut status , as it were of fire , or as it were a mighty an●●ushing wind , but nothing sensible , some hot exhalations of the brain set on fire , by th● continual motion , an● agitation of the tongue . goo● god , have we thus learnt christ ? is this the fruit of so clear a gospel ? and the retu●n of all our holy mothers care , and pains for education ? shall we take gods word into our mouths and preach sedition , rebellion and insur●ection , contrary to that word which we pretend to preach ? to maintain religion by insurrection , is to maintain it by means , condemned by the same religion we would maintain . chap. ix . whether a king failing in his duty and not performing those things , which he hath sworn unto at his coronation ( so solemnly ) the peo●le are not disobliged in their obedience unto him , and may , thereupon , depose or put him to death . if kings held their crowns by indentures from the people , then were the people disobliged to their obedience unto him , upon his failing ( in those things whereto he hath been sworn ) on his part , but if they receive their crowns immediatly from god , and that by him alone kings reign ( as hath been heretofore proved at large ) then all the failings that can be in a king ▪ can but make him a bad king ; but still he must remain a king ; the oath assures us of his being a king , not of his being a good king ; for he was king before he took it : coronation is but a ceremony , and his oath is but at his coronation ; the issue of ceremony , must not dis-inherit the right heir , of all that substance : king and kingdom , are like man and wife , whose marriages are made in heaven , who are betrothed by god himself ; now as in the ceremony between man and woman , the husband in the presence of god and angels , and all the congregation promiseth ( which is as solemnly binding as any oath ) that he will live together with her after gods holy ordinance in the sta●● of matrimony , that he will love and cherish her , maintain and keep her , and forsaking all other , keep himself only unto her : now if he perform all these things , he doth well , he is both a good husband , and a good christian ( considering the vow that he hath made ) but if he doth not live with her according to gods holy ordinance , nor love , nor cherish her as he should , nor maintain and keep her as he ought ; shall it be lawful for a man to put away his wife for every cause ? mat. . . much less can it be lawful for the wife to put away her husband upon every distaste ; it was god that made them male and female : mat. . . and therefore it is fit they should continue together so ; they twain are but one flesh ; mat. ▪ . therefore they cannot be divided ; god joyned them both together : mat. . . therefore no man can put them assun●er . now to apply this to the king wedding himself to his people at his coronation ; the king ( solemnly ) takes his oath at his coronation before all the people , that he will live tog●ther with them according to the laws of the land , that he will protect and defend them to the uttermost of his ●ower , with all other protestations contained in the said oath ; which if he doth perform , he doth well , and is both a good man , and a good king ; but if he should not govern them accordingly to the laws of the land , and if he should not cherish and defend his people , shall it be lawful for his wife ●o make away this husband ? god forbid ! god made him king , them subjects , therefore they must continue so , like man and wife , for better for worse , they two are both one , the head may not be divided from the body , and quae deus conjunxit , nemo separet ; there have been bills of divorcement given unto these king-husbands in former times : but of those bills , i may say , as our blessed saviour said of the bills of divorcement which moses commanded ; it was propter duri●iem cordis , mat. . . deut. . . for the hardness of mens hearts ; and then again , this durities cordis , never went so far as that the woman might put away her husband , but only the husband his wife ▪ and that only in the case of adultery ; and if it had been otherwise , it had but a late beginning , a bad foundation : for our saviour saith , mat. . . in principio autem non erat sic , it was not so from the beginning ; and a hard heart is but a bad foundation for a good christian to build upon . i will conclude this application with words not of my own , but of saint paul , which words are a commandement , neither is it i ( saith the apostle ) cor. . . but the lord , that gives you this commandement , let not the wife depart from her husband ; no , if she be an heretique , or which is worse , a heathen ; if the woman hath a busband which believeth not , i● he be pleased to dwell with her let her not leave him : cor. . . if i would resist my soveraign in any kind , it should be for my religion , but when my religion tells me that i must not resist him in any case ; then i think i should but do ( in doing so ) like the boasting jew , rom. . . who boasted of the law , and dishonoured god through breaking of that law , which he had boasted of : what if some did not believe , shall their unbelief make the faith of god of none effect ? saith paul ▪ rom. . . god forbid : no more can the wickedness of a king , make void gods ordinance of our obedience unto him : our obedience must look upon gods command , not upon the kings good behaviour ; god doth not command things because they are fitting , but it is fit that we should obey , because he commands them ; neither ought we to have respect so much unto the goodness , as unto the authority of a king ; for kings do not consist in this , that they are good , but in this , that they are kings ; for as it is possible for one to be a good man , and a bad king , so it is often seen , that a bad man may be a good king ; and it is an observation here at hom● , that the best laws have been made by the worst of kings . it is an observation , that divers kingdoms have long continued in peace and happiness under bad laws , and worse governours . well observed ; when unwarrantable attempts to better both , and inconsiderable courses to mend all , hath brought all to ruin and confusion . he that sets a kingdom in combustion , to advance his own opinion , and prefer his private judgment , doth but set his house on fire to roast his eggs. god makes kings of several conditions , sometimes he gives a king , whose wisdom and reach in government is like sauls , head and shoulders higher then all the people : and then when we have wise kings , and learned judges , psal. . . we shall be sure to have all those breakers of their bonds asunder , and those casters away of their cords from them ; v. . to be bruised with a rod of iron , and broken in pieces like a potters vessel ; v. . sometimes god will send us a little child , sometimes a child in years , otherwhile a child in understanding , which of both it be , vae regno ( saith solomon ) cui puer dominabitur ; wo to the kingdom , over which a child reigns , for then the whole kingdom is sure to be put upon the rack . sometimes god in his judgment sends a tyrant amongst us , i will set an evil man to rule over them , saith god himself , and then we are never in hope to be from under the lash ; and sometimes in mercy he sends meek and mild princes ( like moses ) who carried his people in his bosom , one that shall only make use of his prerogatives , as christ did of his miracles in cases of necessity ; one who shall say with the apostle saint paul , i have no power to do hurt , but to do good , to edification but not to destruction : one who shall continue his reign , as saul began , videre ne quid sit populo , quod fleat , who will hear and ask why do the people cry ? deserve well and have well ; shall we receive good from the hands of the lord , and shall we not receive evil princes ? though they be amarae sagittae , yet when we consider that they are e dulci manu domini emissae , we should not refuse them , but be contented with whomsoever his mercy or his justice sen●s ▪ or throws upon us : never was there a bad prince over any people , but he was sent by our heavenly father for a scourge to his chil●ren ; and shall we kiss , or snatch the rod out of our fathers hand ? to conclude , there is nothing can disoblidge the people from their king , because bis authority over them is a domino , from the lord , but their obedience towards him is propter dominum , for the lords sake ; though in himself there be all the reasons that can be given to the contrary , many will be glad to hear the father of their country , say , i and the lord will go , and to be sole elect , and to hear his father tell him , deus providebit , as abraham said to his son isaac ; but if he takes fire and sword in hand threatning his follower , how many followers will he have ? i had rather , with isaac , follow my father i know not wherefore ; and with abraham , obey my god , contrary to my own nature , and beyond all hope , then to serve so great a god and his vicegerent by rules drawn by my own fancy and reason . chap. x. psal. . . touch not mine anointed , meant by kings . by the words , touch not mine anointed , is meant kings and princes : neither can any other interpretation , whatsoever , be obtruded upon this text , without a great deal of impudence and ignorance ; if there were no other argument to be used but this , to a modest man , it were sufficient , viz. that not any church , nor any church-men , nor any chri●tian , nor any father , nor any expositor whatsoever , did ever give it any other interpretation , before such time as the jesuit and the puritan , and they both at a time , and that time bearing not above an hundred yeers date neither , began to teach the world that it was lawful to murther kings ; and no marvel if this found some querk or other to turn the stream of scripture sence , out of its proper channel , and constant course ; the two birds of a feather , persecutors of one another , like two fighting cocks who quarrel amongst themselves , being both of the same kind , and yet both agree in taking counsel together against the lord , and against his anointed : or like pilate and herod , they could not agree but in the principles of condemning the lords christ. but it is objected , that as a little child upon a gyants shoulders , may see farther then the gyant himself ; so a weaker understanding comming aft●r those fathers , and taking advantage of such helps , getting up upon the shoulders of time and learning , may see more then they did , or hath been seen in former ages ; and therefore it is no wonder , if a man without aspersing himself with the least immodesty , may pretend to see more , then all those who went before him had observed , and what hath this child pick-a-pocket spied ? a birds-neast can there be a simpler thing imagined ▪ whereby to give impudence the chair , and throw all the ancient fathers flat upon their backs , then this so common , and so much approv'd of instance to usher innovation , not only into the church , but also into the very soul of scripture it self ? for what if it be granted , that a child upon a gyants shoulders sees further then doth the gyant himself , doth the child know better what he sees then doth the said gyant ? must not the child ask the gyant what is what , of all that he beholds ? must not the child be informed by the knowing gyant , of the difference between the mountains and the valleys , the water and the skie , a cock and a bull ? if the child be thus ignorant , what doth the childs getting up upon the gyants shoulders advantage the child in points of controversie ? except it be such a child as saint christopher had got upon his shoulders , that was judg of all the world : if the child be not so simple , but understands all these things ; then believe me he is no chil● in understanding ; but a gyant himself in knowledge , an● so the similitude , the child , and the gyant come tumbling all down together ; seat a child n●ver so high , he is but a child still , and sits but at the feet of a gamaliel , when he is upon the ●houlders of a gyant ; no child was ever thought worthy to pose all the doctors , but the child jesus . now to clear the text from those blots and blurs that are thrown upon the words , going before this text of scripture , touch not mine anointed , viz. i have reproved kings for their sakes , ergo , the word anointed could not betoken kings , because kings were reproved , for their sakes who were the lords anointed : now say they , the word anointed must necessarily signifie the people of god , for whose sake these kings were reproved , and so it doth ; but yet my corahmites , dathamites , and abiramites , you must not think to be all alike holy unto the lord , as that ye are all concern'd in this nolite tangere : there is no question but that in some sence the elect of god are anointed ones of the lord , but not peculiarly the lords anointed : they are filii olii , sons of oyl , as the prophet terms them , but not christi mei , or christi tui , or christi ejus , or christi domini , which were attribut●s that were never given by the holy ghost to any but to christ , and kings : the priests who were anointed ( really ) never were term'd in scripture the lords anointed , an● the prou●e●t , and most rebellious people that ever ●ere , whose arrogance claim'd an equality with , never ( in sacris ) strove to be above their prie●s . now if you expect clearness in the fountain , do not ye trouble the waters , an● you h●● behol● the springs of truth arise ; 't was the elect and chosen of the lord that were here meant by anointed , and it was the fee● of abraham , and it was not kings that were meant by this word anointed in the text ▪ but it was not all the elect of god , that must not be touch'd , it was not all the seed of abraham who have this noli me tangere about them , but it was abraham , is●a● and jacob , for whose sake god reproved kings , as they are plainly nominated in the same psalm , and none else ; if there be mention made of the seed of abraham , isaac and jacob were the seed of abraham ; who were else mentioned ? and though we cannot comprehend these three under the notion of nominal kings , yet we may be pleased to consider them as real princes , principi dei es enter nos , as it was said to abraham , thou art a mighty prince among●t us , so kings may be reproved for their sakes ; they may be kings too , and yet the lords anointed , for whose sake kings were reproved : for we do not dispute about the name , but the thing . now wheresoever you find this word nolite tangere , you shall find this word , saying , going before it , which of necessity must have some reference to some other place of scripture to which it must allude , and in reference to which it must be spoken : for the word , saying , makes it rather a question of some author , then the psalmist's own , this allusion you may easily perceive , gen. . . where it is set down , how that god touched the heart of abimelech king of the philistims , in the behalf of isaac , one of the three named in the psalm ; so that king abimelech charged all his people , saying , he that toucheth this man , shall surely die : so abimelech and king herod were both reproved for abrahams sake : gen. . . and to what place of scripture can this nolite tangere be more aptly applyed , then to this , where we find the same words reiterated ? or what clearer testimony can be given of the scriptures alluding to this saying , touch not mine anointed , then to gen ▪ . . where totidem verbis , it is said to abimelech in the behalf of isaac , we have not touched thee thou blessed of the lord ; what difference between these words , and touch not mine anointed . besides the marginal notes of all our bibles directs us to abraham , isaac and jacob , as to the anointed of the lord , and as the princes of gods people , which must not be touch'd and for whose sakes kings were so much reproved ; the word , king , in the text , doth not exclude those who were princes , but it only includes those princes who were called kings , and were reproved for their sakes who were kings themselves re , though not nomine : so that all the ground that will be gained hereby , will be , that one prince was reproved for another , though not called kings . to conclu●e , as no christians ever interpreted this place of ●cripture but of kings and princes , until jesuits and puritans , un●ertook that it is lawful to murther kings : so no english author ever interpret●d it otherwise , till within this seven or eight years ; when presbyters and independents began to put this doctrin in execution : and if the former of these two would wash their hands in innocency , as relating to this last unparallel'd act of regicide , let them remember charles the proto-martyr of gods church , and people , his own words , in his book of meditations , wherein he tells them , how vain is the shift of their pleading exemption from that aspersion , to grant commission for shooting of bullets of iron and lead in his face , and preserving him in a parenthesis of words . chap. xi . objection . rehoboam hearkened unto young men which gave him evil counsel , and would not hearken unto his sages which gave him good advice , but answered the people roughly ; wherefore they renounced the right they had in david , and the inheritance they had in the son of jesse , fled to their tents , and crowned jeroboam king : ergo , we may do the like upon the like occasion , having a president from the word of god , and warrantable , because god said , this thing was from the lord , king. . . answer . all this proves only that such a thing was done , not that it was well done ; for if it be a sufficient proof to prove out of scripture , that such a thing was done ▪ and thereupon conclude that therefore we may do the like , then this is as good an argument as the best , judas betrayed christ , therefore it is lawful for a servant to betray his lord and master ; first , the scripture blames him in a most pathetical climax , kings . . jeroboam the son of nebat , the servant of ●olomon , whose mothers name was zeruah , even he lifted up his hand against the king , shewing how he had desperately run through all those obligations , and tyes that were upon him ; secondly , he and all his adherents are called rebels for their pains , not only by abijah his enemy , but also by the holy ghost , who is enemy to none who are not gods enemies , chron. . . and israel rebelled against the house of david unto this day ; his adherents were termed in scripture vain men , and sons of belial , they were punished with a destruction of five hundred thousand of them , which was one hundred thousand more then there were true subjects for the slaughter ; the scripture saith , god smote abraham , v. . if it be objected , that the thing could not but be well done , because god saith , kings . i exalted thee from among the people , and made thee prince over my people israel , and rent the kingdom from the house of david , and gave it thee : then it could not but be well do●● ●●nts of rehoboam ( by the same reason ) to ans ▪ the people as he did : for it is written , that rehoboam hearkened not unto the people , for the cause was from god , that he might perform the saying which he spake by abijah unto jeroboam the son of nebat , kings . . both were passive , and neither of them could resist the will of god ; but these places of scripture are often times mistaken , and misapplyed , and interpreted either by those who are not well acquainted with the nature of scripture language , or else by those who wilfully , ●nd wickedly layed hold of such a meaning as the scripture may seem to give them leave , for all these and the like places of scripture we must not take as gods bene placence or approbation , but only for his permission ; for otherwise we should make a mad piece of work of it , for god said , sam. . . i will raise up evil against thee out of thine own house , and i will take thy wives before thine eyes , and give them to thy neighbour , and he shall lye with them in the sight of the sun : doth this justifie absolom for lying with his fathers wives and concubines in the sight of all israel ? is there any evil that i have not done it , saith the lord ? therefore did the citizens do well to do evil , because the lord said , i did it ? god did it , that is to say , he caused it to be done , as the evil of punishment , not as the tolleration of evil , so this thing was from the lord , that is to say , the lord suffered such a thing to come to pass as a punishment of solomon for his idolatry on his posterity , and yet ●●ay no way approve of any such rebellious courses : neither was rehoboam so much to be blamed for his answer , as may be supposed , nor the people justified in their rebellion neither , for they grounded their discontents upon a false ground , for the people complained when there was no cause , and deman●ed that which was not reason ; hear the whole grievance , and consider it a little , kings . . thy father made our yoke grievous ( that was false ) do thou make it light : ( no reason for that ) for the people never lived happier neither before nor after , then they did in this kings fathers time , and might have done in his time , if they had known when they had been well , and gods judgments would have suffered them to have seen it . for , . they were a populous nation , as the sand on the sea for multitude , kings . . . they liv'd merrily , eating and drinking , and making merry . . the nation was honoured abroad , for solomon reigned over all the kings that were round about him , v. . . they lived peaceably , they had peace in all sides round about them v. . . they liv'd securely and quietly , every man under his own vine , and under his own fig-tree . . they had much trading in his days , and much merchandize , kings . . . he was very beneficial to those merchants , for he gave solomon , not only large wisdom , but largeness of heart , and let those merchants have commodities from them at a price , v. . . he maintained a brave fleet at sea , king. . . . he made silver and gold to be in jerusalem as plentiful as stones , and cedars as sicamore-trees , chron. . . . these felicities were not only in the court , or among the nobility , or between the citizens , but they were universal , even from dan unto beersheba . . they were not for a spurt and no more , or at one time and not at another ; but all the days of solomon . o me prope lassum juvate posteri . neither doth the scripture make any mention of any such hard yoke at all , only the margent of the bible directs us from the complaint of the people , to look upon the first chapter of the kings , v. . and there you shall only find how solomon had twelve officers over all israel , which provided victuals for the king and his houshold , each man his month in a year , but here is but a very slender ground for a quarrel , when the immediate verse after the naming of those twelve officers tells us , that the multitude of people as numberless as the sand upon the ●ea shore , were as merry eating and drinking as the king , and this place unto which we are directed ( and no other ) to find out this grievousness , appears by the context of the same chapter , to be mentione● as an expression of solomons glory and wisdom , rather then of any tyranny , or polling of his people : for the whole relation ends with an expression that as the people were as the sand of the sea for number , so the largeness of the kings heart extended as the largeness of the sea for bounty , all were partakers of it , kings . . pardon me therefore if i think that rehoboam had more reason to answer the people as he did , then the people had just reason to complain . o alti●udo ! o the unsearchable ways of god! where god suffers his people to be a rod to visit the sins of the fathers upon the children , he permits them to take a wrong cause in hand , that he may also cast the rod into the fire . i pray god the merchants of london be not too like those merchants of jerusalem , who traded so long , until they brought over , together with other merchandize , apes and peacocks , and the traders begin to be too like their traffique , apes for manners and behaviour , peacocks for pride , and rusling until the apes grow to be so unhappy , as to be brought to their chains , and the peacocks , so vain-glorious , as to loose their feathers : and so i leave them both , tasting the fruit of their own follies . chap. xii . the objection of jehu slaying his master joram , answered . objection . thus saith the lord god of israel , i have anointed thee jehu king over the people of the lord , even over israel , and thou shalt smi●e the house of ahab thy , master , that i may avenge the blood of all the servants of the lord at the hands of jezebel : ergo , if a king , be thus wicked , we have gods warrant , for the deposing and putting such a one to death . answer . but stay until you have this warrant , and then we will allow it to be lawful ; for though every one is apt enough to be a jehu in his own case , yet every one is not a god-almighty , we must not clap his seal to our own ●arrants ; what god commands at one time , we are not to make it our warrant to do the like at all times , this is a prerogative of the almighty , no priviledg of a subject ; god may command abraham to slay his son ▪ but we must not go about to murther our children ; god may command the israelites to spoil the egyptians , but we must not rob and cosen our n●ighbours ; christ may give order for the taking away of another mans goods , because the lord hath need of it , but we must not make necessity our pretence for arbitrary power ; these acts of the almighty are specially belonging unto him , and we must have his special warrant before we go about any such thing . but setting all such plea aside , i utterly deny that either jehu did , or that god gave jehu any such authority as to slay king joram , jehu slew joram , but jehu did not slay the king , for jehu by the lords immediate appointment was king himself , before ever he laid hand upon joram ; joram was but then a private man , for in the verses going before , it is set down how that jehu was anointed king , how he was so proclaimed , and accordingly how he took the state of a king upon him and executed the office. kings . . before ever any mention is made of jehu slaying joram , v. . therefore here is no regicidium , as yet here is but plain man-slaughter , and a lusty warrant for that too : again , we must not only take heed of unwarrantable actions , but of false warrants , the private spirit is no sufficient warrant to lay hold on such a publique magistrate : as there are false magistrates so there is a false spirit : for an erroneous spirit may as well con●emn a good magistrate as a bad magistrate may be condemned by a good spirit : but there may be a higher mistake then all this , and i wish it were not too common amongst us now adays , to mistake the works of the flesh , for the fruit of the spirit : let us compare them both together , as the apostle hath set them in order . the works of the flesh . adultery , fornication , vncleanness laciviousness , idolatry , witchcraft , hatred , variance , emulations , wrath , strife , seditions , heresies , envyings , murders , drunkenness , revellings . the fruit of the spirit . love , joy , peace , long suffering , gentleness , goodness , faith , meekness , temperance . by which of these two was charles the first 's head cut off ? chap. xiii . of the necessity and excellency of monarchy . a jove principium . let us begin with heaven , and behold its monarchy in the unity of the blessed trinity ; though there be three persons , yet there must be but one god : for the avoiding of that which we are fallen into , a confounding of p●rsons , and dividing of substance . descend lower , and consider the angels , and you shall find one arch-angel above the rest , as the angels monarch . lower yet , to those senseless and inanimate rulers of the day and night , the sun and moon , and you shall not find ( or so much as the appearance of such a thing ) more suns or moons in the same firmament then one ; without a prodigy or portent , of some dire , and direful event . come down to the regions and you shall find in the head of the highest region a prince of the air . come to the lowest , and you shall find amongst the wing●d inhabitants thereof , the soveraign eagle , as the king of birds . come amongst the beasts of the field , and the lion will soon let you know , that there is a king of beasts . run into the sea , and their is a king of fishes . descend into hell and there is a prince of devils : and shall only man be independent ? do we not observe the d●lving labourer what pains he takes to joyn house to house , and land to land , till th●re be no more room for any competitor within his dominions ; and when he hath wrought his petty dunghils into a mixen , he thinks it law and reason , that the place should not a●mit the dominion of more cocks then one , this man dies a monarch in his own thoughts , and his son lives to inlarge his fathers teritories , but at last dies big with thoughts of a principality , his son lays hold of all the advantages that may help him to the accomplishment of his hereditary desires , iuno , lucina fer opem obsecro , he is a prince , coelo timendum est regna ne summa occupet qui vicit ima , he must be an emperour , divisum imperium cum iove caesar habet , he must have all or none , none but iupiter must share with him . mundus non sufficit un●s , when he hath all , and when all is done , the empire after that it hath disimbogu'd an● incorporated into it self , all the kingdoms of the earth , terminates in an everlasting kingdom , that shall never be destroyed ; quam primum appropinquaverit regnum coelorum , as soon as the kingdom of heaven shall be at hand : and what 's all this but to shew us that not only nature , but god himself , who is the god of nature , affects monarchy . the further off any government is to monarchy , the worse it is , the nearer the better , the reason 's thus , that government which avoids most the occasion of differences , must be most happy , because most peaceable ; and peace only consi●ts in unity : now where there are many governours there must be differences : where there are few , there may be differences : where there is but one , there cannot . the romans ▪ when they shook off their government by kings , and were distasted with their government , for their governours sake ; tried all the contraverted governments of the world , of two by their consuls , of three by their triumvirat , of ten by their decemviri , of ten thousand by their tribunes : when they found that the farther off they departed from monarchy , the center of all government , the more they lost themselves in the circumference of their own affairs , they began a little to look back upon the government from which they had deviated all the while , but yet with squint eyes ; first , a king , and no king , a thing that was like a king , but not a king ; a thing that was so re , and tempore , but not nomine ; he must be only so , pro una vice , unoque anno , such were their dictators : at last this sucking government gathered strength , and grew to be perpetual , which perpetuity in one begot an everlasting monarchy in all ages , which is to continue unto the end of the world ▪ for the proph●t daniel tells us , that at the end of the la●● and fourth monarchy , which was the roman , christ should sit upon his everlasting kingdom that should never be destroyed ; therefore my enthusiasticks , must either leave dreaming of pulling down all kingdoms , and empires in the world , or else think themselves the kingdom of christ , that we have pray'd for all along . neither is it unworthy of your observation , that as soon as ever this monarchy was restored , there was universal peace over the whole world ; and the saviour of the world , who was princeps pacis , vouchsafed not to come into the world , under any of the fore-mentioned governments ; but imperante augusto natus est christus , who was the first emperour of the romans . he who affects parity , let him begin it in his own house , and as he likes it in the model , so let him attempt it in the fabrick : for my part , i have read their arguments , and am so far from being evinced by any of them , that i do not believe that there is any such thing : ● have been in all the common-wealths in europe , and i could not find any such thing as a free state , i could find the word libertas , fairly written over their gates , but within their walls the greatest bondage and arbitrary power that could possibly be imagined in any part of the world , but no liberty at all that i could find , but only some few there were , who had liberty to do what they would with all the rest . geneva may of six , genoa may have seven , venice may have eight , the hollanders nine or ten , england may have five members or leading-men as they call them ; but what 's all this but taking the government from off its shoulders , and putting it in some hand ? and when you have done , it 's ten to one but you shall find one of the fingers longer then all the re●t , and if you please you may call that king , and all the rest subjects ; what 's this but a change from a monarchy with one crown , to a tyranny with so many heads ? if it were so that all free-states , as they call themselves , had all equal power , it would be so much the worse , all these kinds of government have their continuation and subsistance upon this only ground , viz , that necessity and craft drive them to come so near to monarchy , and sometimes to an absolute monarchy , when you reckon your hogan mogan only by the pole , and not by the polar star , that commonly is fixed amongst them , about which , all the rest move and turn . but what do we talk of monarchy or aristocracy or democracy , behold a well regulated parliament , such a one as ours might have been , and ought to be ; hath the benefit and goodness that is in all these three kind of governments , of monarchy in the king , of aristocracy in the peers , of democracy in the house of commons , where the acerbities of any one is taken away by their being all three together , but if one will be all , then all will be nothing . this stupendiously wise ▪ and noble way of government had its dissolution by inverting the course it took in its original . when the first william had conquered the nation , t●e normans would not admit that any laws should be observed , or rules obeyed , but only the will of the conquerour ; and why so ? but because thereby the conquerour might take away the estates of any english-man , and give them to the conquering normans ; but in process of time ; when these normans became english , they began to insist a little upon meum and tuum , and would know the what that was belonging to the king , as a king , and to themselves as subjects ; for by the former rule the king might as well take away the estates from one norman , and give it to another , as he did formerly from the english , and give to his normans ; wherefore they would have no more of that , but joyntly and unanimously petitioned the king to the same effect , the king thought it reasonable , condescends to their desires , consultation was about the premises , the result of the consultation was , that the king should issue out writs to the lords spiritual ( who in those days were thought the wisest and most conscientious ) to reason with the king , and advise with him , as well concerning the bounding of the ocean of soveraignty , as bridling in the petty rivers of private interest . these spiritual lords thought it a work of too high a nature for their private undertakings , wherefore they supplicated his majesty , that the lords temporal might be also summoned by writ , and joyn with them in the same authority ; 't was done accordingly ; being done , they both thought it a business so transcendent , and of so universal concernment , that they found a way to involve the whole nation in a joynt consent , which was , that all free-holders in the kingdom , in their several precincts , might by the election of two in every county , disembogue all their suffrages into theirs , and to remain the countries proxies , to vote for , and to be directed by their several countries ; and thus the commons were brought in : but behold the viper , that eats through the sides of its own parents behold the asses foal , who when she hath done sucking , kicks her own dam. the king brings in the lords spiritual , the lords spiritual bring in the lords temporal , both bring in the commons , the commons destroy both , both destroy the king. neither was kingship ( as they call it ) and episcopacy better rewarded , for being the principal , and so zealous reformers of the gospel , to have both their crowns and miters broke in pieces by the same hammer of reformation ; and the walls of their pallaces mingled with abby dust , casting thereby such a blot upon the very name of reformation , that it will scarce be legible by christians , except what went before , and what may follow after , may help the future ages to the true sence and meaning of the word : thus rivers run backwards and drown their own head ; thus the monsterous children who are born with teeth in their mouths , bite off the nipple , and starve themselves for lack of sustenance ; thus blind sampsons revenge themselves upon their enemies , by pulling down the house upon their own heads ; thus the forms of the most glorious government of a church and state , are wounded to death through the sides of reformation : if you are not , i am sure you will ere it be long be satisfied , that all the specious pretences of popular goverment , free-state , liberty of the subject ▪ are but figments and delusions of the people , obtruded by vain-g●orious and haughty men , who knowing that they could not be that one governour of all the rest , yet they hope to be one of many ; thus foolish children set their fathers barns full of corn on fire to warm their hands , when they are ready to starve for lack of bread : who had not rather live under a government wherein a man is only bound to submit to him , whom it is honour to obey , then to live under a government where every man is a slave , because every one is a master ? finally , my opinion is this , i had rather have my liberty to kneel before a throne , then to be the tallest man in a crowd , and should think it more for my ease and honour . chap. xiv . that there is no such thing as a free-state in the world. if by a free-state , you mean a people who have shook off their allegiance to their prince , there are many such free-states to be found , but a beggars-bush , or a company of gipsies ( who propound to themselves new laws ) renouncing the old , and yet chuse a king and queen amongst themselves , pleasing one another with a self-conceited opinion of a thing they call liberty , which is no otherwise then an ignoble bondage of their own choosing , preferring the correction of a bundle of rods ( because their own hands have made them ) before the sway-meant of a scepter , which god himself hath put into their soveraigns hand ) is as good a common-wealth , or free-state as the best : but if you mean by a free-state , a freedom from tyranny , you will be as far to seek for any such thing in rerum natura , as for a reason why tyranny may not be in many , as well as in one : but if you mean by freedom an exemption from all such tyrannical oppressions as are expressed in the petition of right ; i see not why such a free-state may not be under a monarchy : certainly i have seen such petitions , and insistances , during the late kings reign , as having relation to freeborn people of england , and should think that the magna charta defended by one , who had power to make it good against the infringement of many breakers , and by a parliament of many , authorized to the same purpose against the pessundation of it by any one , be it by the highest , may not be as good a way to make , preserve and keep a nation free , as well as the intrusting of a nations freedom into the hands of a few , whose independency deny all remedies to be either above them , or below them . it may be it will not be thought tedious , if i entertain your eye and consideration with some observations of my own , in those free-states of christendom ( as they call themselves ) wherein i have been . i shall begin with the free-state of genoa , wherein i have been resident some time , and the rather , because whilst england was a kingdom , they could not have the face to stand in any competition with us ; but now the kings arms were cut off as well as his head , how should we do to make a distinction between them and us ? for both the state of genoa , and the state of england give the very same coat of arms , and st. george is both our patrons : certainly england must give the half-moon as the younger brother ; and why should not the moon crescent follow after , now the turkish alcoran is come before ? when the overspreading roman monarchy , like nebuchadnezzars over-grown and lofty tree was brought only to a stump chained to the ground , and when the keys of heaven and hell had so well fitted the locks belonging to the gates of rome , as to give way to the enterance of that high priest into the imperial seat , then was genoa a lop of that great fall : and soon after it was wrought into a bundle or faggot of a common-wealth , until such time as charles the great recovered all his right in italy , saving only the holy land , whose princely sword could never strike at the already cloven miters , but at helmets . amongst other counties whose subduements , acknowledged charles to be the great , genoa was one ; which city was no less happy then famous , in affording a man who honoured her walls , with making it known unto the world , that he came out of them under the name of andreas dory a genose ; this famous andreas dory was a zealous common-wealths-man , and one of the new gentlemen , as they call'd themselves , ( for you must understand , that when these states-men had shook off the yoke of soveraignty , they expelled all their gentry or nobility ; which no sooner done , but they made a new gentry or nobility amongst themselves ) and being a deserving man , the emperour charles the fifth , will'd this andreas dory to aske and have what he desired of all that he had conquered : he asked genoa , the emperour gave it him , to do with it what he pleased , he gave it the citizens , together with all their liberties , and former freedoms upon this conditions , that they should recal the old gentry in again , and settle them again in all their rights and priviledges , which being assented unto , genoa became a free-state again ; but behold the freedom , or rather the power and bonds of love and gratitude , neither the old or new gentry , nor the common people , would allow of any thing that was said or to be done , but what this dory should command or say : nor was there a more absolute and powerful monarch upon the earth then he ; and whilst he liv'd he did continue so , because the people would obey : who being once dead , the people soon found they did obey , because they must : yet still it must be a free-state , because libertas was written over the senate-house , and city-gates , but neither within their senate , or their walls , was there ever such tyranny over the common people , or the citizens , then hath been all along , and is at this day practised by some few , who spit monarchy in the face , and make no bones to swallow down all its adjuncts ? exercising their several tyrannies with this justification , that they are the supreme authority , whilst they deny supremacy ; gulling the people into a scotish belief , that they are not suppressed by one hand , because it hath many fingers . i shall instance unto you one particular , which was done whilst i was there , whereby you may easily judge in what free-state their commons live : there was a substantial citizen , between whom , and a noble genoese there was some grudge , this senator studies a revenge , and thus he intends it to be put execution . he gives command to one of his braves ( for so they call their executioners ) to kill this citizen : this slaughter-man ( being by reason of some former obligations ) struck with some remorse of doing so high an act of ingratitude to one , who had so well deserved at his hands ; discovers the whole plot to his so much acknowledg'd patron , who very much ackowledges and commends the ingenuity of this discoverer ; bids him to follow him where ●e leads him over a trap , where the leader knew full well how to order his steps , so that he might advance safely over the place , but the followers ( ignorant of these observations ) must needs fall down a precipice , no less terrible , then destructive ; the poor man is slain : this persidious murderer watches his opportunity of meeting this designer of his death , in the merc●ato , and gently takes him by the arm , and desires him that he might speak a word with him ; they withdraw themselves out of the walk to a private corner : the citizen tells this noble-man that his servant had betraid him , in discovering his design to him on whom it should be executed ; in detestation of which , perfidiousness , he had given him the reward of a traytor ( declaring the manner and form as is expressed ) and desired in all humility that he would be pacified and that whatsoever differences were between them , that he would bepleased to be his own judge whereupon they both became friends , no less satisfaction being acknowledged by the one , then ingenuity on the other party . such shifts as these , are these free-born people fain to make to appease the wrath and fury of their lords and masters : in a word , as their territories is no otherwise then a continued breach of three hundred miles along the sea-shore , so the inhabitants live no otherwise then do the fishes in the sea , the greater fishes devour the less so where there is no king in israel , every man doth that which is good in his own eyes : it cannot be otherwise . from thence i went unto the free-state of lucca , and there i found the free-men to have six princes every year ; and the senate chusing six men , whose elect a prince for the common-wealth every two months ; this prince ascending his throne up these six steps , acts what he pleaseth : nor have the common people any more liberty , then the most rigid calvinist will allow a papist , free-will : neither is their any other difference between this government of the free-state of lucca , and the empire of germany ; but that the one have so many prime chusers , and the other so many prince electors , the one keeps it within the house of austria , and the other keeps it out of the house of the medices . i went from thence unto the ancient common-wealth of venice , whose government ( if in any ) i should approve of , because they never revolted from a better : but yet i must tell you , that at my first entrance into that city , i found the people full of complaints , of the heavy taxes , exorbitant power , and arbitrary government , which seized upon all their plate , and what other goods of value they had , for the use of state , toward the maintenance of a war , which was both foolishly begun , and most carelessly run into by their trustees , or representatives ; for the pope of rome had certain intelligence that the turk was preparing to make war against some part of christendom , the pope sends to all the frontier princes of christendom , advising them they should all agree as one man to make it their own case , and that they would assist one another , on what part of christendom soever the storm should fall , and that the several embassadours would take it into consideration , about proportioning every prince or state according to their abilities , for their several supplies of men and money ; to which they all soon condescended , except the venetian , who told the rest , that there was a league between the grand seigniour and the venetians , and therefore they were not to fear any such war to be intended against them ; to which it being demanded that if the turk prevailed against other parts of christendom round about the venetian● , whether they though the would let the venetians alone at last ? or whether the venetians thought so or no , whether they di●● think themselves bound in honour , and christianity to defend their neighbour christians against so common an enemy ? to which it was answered by the venetians , that the very entring into such a league and covenant with them , were enough to break the peace between them and the turk , whereupon the juncto was dissolved , and every tub was fain to stand on his own bottom ; but it fell out that ( by the machiavillianism of the card. richlieu , who taught and perswaded the turk to break the league between him and the venetians , because he would not have the venetians to lend the emperour so much money , but would find them waies how to disburse it otherwise ) the turks waged war only against the venetians , and none else , whereupon they were fain to endure the whole brunt of the war themselves , and had no body to help them : this being so grievously found fault with by the common people , and their goods taken away ad placitum , their persons prest de bene esse , whe●her they thought so or no : i would fain know what liberty these people had , who could find such faults without remedies , and lose their goods without redress ? what liberty is there in having freedom in the state , and none in the condition ? i shall part with my children with tears in mine eyes , and through the same water behold the word , libertas , written upon the rialto ; what am i the better for this freedom ? am i robbed of all my money , because one thief takes it away ? and am i not rob'd because six or seven lay hold upon me ? believe it , i never heard such complaints ●either in the king or parliaments time , of oppression and tyranny , as i heard in this city during the time that i was there ; and this not only during the war , but also in the times of peace , five or six men rule the whole state , and it may be the prince none of them neither . i shall relate unto you a story of one loridan a noble venetian , who keeping a courtisan , on whom he was intended to bestow a favour , he went into a rich shop for to buy her some cloth of gold to make h●r a gown , the prentice was only in the shop , whom he commanded to cut out so much of such a piece as the taylor gave directions , which done , he will'd the prentice to tell his master that he would be accomptable to him therefore ; the boy excused himself , he being but a servant , and not having any such directions from his master , not doubting , but that if his master were there , he would willingly trust him for what he should be pleased to command ; the noble venetian takes his leave , willing the boy to tell his master , that he should rue the day that ever he kept such a ●awcy boy to give him such an affront , and so departed in g●eat fury : the master of the shop presently coming in , and hearing the relation of what had happened , tore his hair , wrung his hands , s●ampt upon the ground , and like a mad-man cryed out , that the boy had undone him , and all his posterity ; takes the whole piece with him , follows this noble venetian to his curtisans , offers to bribe the curtisan with the whole piece , if she would intermediate for him which with much difficulty , and many pleadings she so appeas'd his wrath , that he was satisfied : and this was as common for a senator of venice to do , as for a parliament man to pay no debts . neither is their any law or justice to be had against any of these statesmen : there was a noble-man who was an austrian both by birth and family , who being a traveller , chanc'd to cast his eyes upon a fair and vertuous lady , who in every respect were deserving of each other : this noble-man had no sooner made his mind known unto his paragon f●r beauty , but he was soon obstructed with a corrival , who was a nobile venetiano ; who perceiving his mistress affections to this stranger to be more liberally expressed than unto him , contrives his death , and soon eff●ct it , she loving her martyr more than either others conceived , or she her self could brook , so great a cross concerning them , studies revenge , and being an italian , found her self easily prompted by her own natural inclination , she pretends much love , that she might the better put in execution her greatest hatred , she gets him into a chamber , where she prays him to rest himself in a chair , wherein he was no sooner sat but his arms and thighs were caught with springs , and being thus fastened , she murders him with her own hands , and flies for sanctuary to the next nunnery within the popes dominions , leaving behind her , by the murdered , these words , written with her own hand in a piece of paper , because there is no justice to be executed against a noble venetian , i have been both judge and executioner my self . men may talk what they will , and fancy what they please , but there is no more difference , in point of freedom between a monarchy and a free-state ( as they call it ) than there is between a high sheriff of a shire , and a committee of a county ; utrum horum mavis accipe now for the free state of our neighbour netherlands , otherwise called the states of holland ( who have sprung up ( as all other free-states will do at last ) from the submissive and humble stilings of the distressed , to the high and mighty ) . the particulars which occasioned their revolt from their soveraign the king of ●pain , i shall not insist upon , but refer you to the spanish and netherland histories ; only i shall hint upon the main inducements to their rebellion ; viz. religion and freedom . for the first , there is not a people amongst whom the name of god is known , to whom religion is a greater stranger , than unto these stilers of themselves , reformed protestants , for if this free-state , who allow all religions both of the jews and gentiles , whose several churches own , in capital letters over their doors , the several sects of religions , to which each libertine is inclined , be religious , than the pantheonists were as truly reformed and religious as the amsterdamiams ; but as he , who sacrificed to all the gods in general , must needs have sacrificed unto the true god , and yet know him not , because he joyned others with him , who was to be worshipped alone : so that country which embrace●h all religions , happily may have the true religion amongst them , and yet have no religion , because they admit of many , being there is but one : this i speak in reference to the country , not to particular men . neither is there a sort of christians in the world who are less servants unto christ , if it be enough to make them so , to be the greatest prophaners of his day : for the sabbath is only distinguished from other daies , by a sermon in the church , and the ale-house being full of mechanicks , drinking and carousing from morning until night ; the shops are open , and buying and selling all the day long , excepting half the window , which is to distinguish the day , but the door is open to let in the buyers , and the other half of the window is open to let in the light : and wonderfully strange it is , and remarkable to consider how these people , who shook off their allegiance to their prince upon pretences of reformation , should be so besotted , as to fall into such a strange and unheard of prophaneness of him , and the day whereon christ himself is to be worshipped , as in their metropolls , or chief city , to have a dog-market kept to the utter scandal of true religion and christianity it self , this is no more than what i have seen , and if it were not true , it were easily returned upon my self as the greatest impudence that could be imagined ; but o the partiality of the picture-drawer , when he receives large wages for a similitude ! he insults over his own work only because it is like , when the face it self is most abominable . now for the freedom from tyranny and oppression ; if the turks or tartars had conquered them , they never would ( nor never did where ever they extended their dominions ) impose such taxes and rates as they have imposed on one another , incredible ; even to the full value of the several commodities , which run through their natives hands ; but you will ask me , how it is possible they should live then ? to which i answer you , by sharking and cosening of strangers : let any forraigners come there and ask for a dinner , and for such a dinner as they may well afford for eight pence a-piece , they will ask you five shillings a man ; find but the least fault with them , and they will demand twelve pence a piece more for fouling of linnen ; and if you seem angry at that , you shall mend your self with the payment of six pence a-piece over and above for fouling the room : and seek a remedy , and you shall be told , the prince of orange himself if he were there could not help it : altom all , is all the reason they will give you ; if in sadness you shall complain of such abuses to indifferent judges , they will tell you , that the states do lay such heavy taxes upon the inhabitants , that they are fain to flie to such shifts for their subsistance ; thus men pleased with the itch of innovation , are contented to scratch the blood out of their own bodies , till they feel the greatest smart ; rather than their physician should let out a little spare blood , to cure the disease , and preserve them in good health ; but you will say , that for all this , they thrive and prosper abudantly , so do the argiers men , but with what credit and reputation in the eye of the world ? i believe both alike : it was not their strength or policy , which brought them to this height and flourishing condition : but it was our policy of state , in emulation to other princes , which helped these calves to lions hearts , teeth , and claws , until the high and mighty butter-boxes stood in competition with the crown : and i am afraid the siding with such rebels , hath turned rebellion into our own bosoms , as a just judgment from that god who is a revenger of all such iniquities , they may call it the school of war , whilst wanting a good cause , it could be no otherwise than the christians shambles : i should be sorry that holland should be the english-mans looking-glass : a spur for his feet , or a copy for his hand , i hope the hand of providence will cure us , like the physician , who cur'd his patient by improving his disease , from a gentle ague to a high feaver , that he might the better help him : chap. xv. that episcopacy is jure divino . in this discourse i shall not trouble my self , nor you with titles , names and words of apostles , evangelists , arch-bishops , bishops , patriarchs , presbyters , ministers , angels of churches , &c. which were all from the highest to the lowest , but tearms reciprocal ; and were often taken in the church of god , and in the scripture it self , for one and the same ; for if any man , though never so mean , a minister of the gospel converted any nation , the church ever called him , the apostle of that country ; as austin , though but a monk , was every where tearmed the apostle of england : and st. paul , being an apostle , stiles himself a minister of the gospel of jesus christ : paul bids timothy being a bishop , to do the work of an evangelist ; and therefore no wonder if bishops and presbyters be often mentioned for one and the same : but it is a great wonder that any manner of men , should make this a ground for any argument against episcopacy ; these kind of arguments instead of striking fire that should light the candle , they do but pin napkins over our eyes , and turn us round , until we know not where we are ; and then we grope for we know not who , and lay hold of we know not what : he that will cut down this over-grown up-start-tree of error , must first clear his way to the root , and brush away all those brambles , and briers , which grow about it ; we must not leave any thing standing , that may lay hold of the hatchet , and deviate the stroke , turning the same edge upon the feller , that was intended for the tree : if we should insist upon names and titles , we should make but a confounded piece of work , and run our selves into a most inextricable labyrinth and mazes of error ; where we might run and go forwards and backwards , and round about , and ne're the near : christs are kings , kings are gods ; god is christ , and christ is bishop of our souls ; bishops are presbyters , presbyters are ministers , a minister is an apostle , an apostle is a minister : and so if you will quite back again . i must put off these , as david threw away sauls armour , non possum incedere cum iis ; i love to knock down this m●nstrum informe ingens cui lumen ademptum , with a blunt stone taken out of a clear river , which with the sling of application may serve well enough to slay this erroneous philistine , though he were far greater than he i● . in the first place therefore let us understand what is meant by jus divi●um ; if any man means that episcopacy is so jure divino , that it is unalterable , and must continue at all times , and in all places , so that where it is left off , there can be no church , he means to give much offence and little reason ; for there is no question but the church may alter their own government ( so that it be left to themselves to alter ) as they shall think most convenient , as well as alter the sabbath from the seventh day to the first of the week , or as well as they chang'd immersion into aspersion of the baptised , and many other things which carried as much jus divinum with them as episcopacy , and yet were chang'd . the jus divinum that is in episcopal government , doth not consist in the episcopacy , but in the government , be it episcopal or what it will ; but where the government is episcopal , no question but there episcopal government is jure divino , because a government ; and if it were otherwise , that government into which episcopacy degenerateth , would be jure divino , as well as it , provided that none touch this ark of the church but the priests themselves ; for if the hand which belongs to the same body , pull the hat from off the head , the man loses not his right , only he stands in a more humble posture , but he is in a● strong possession of his own right , as when 't was on his head , but if another hand should chance to pull it off , the party stands disgracefully depriv'd of his highest right and ornament . so if episcopal government of the church be put down , or altered by church-men themselves , the jus divinum is but removed from the supremacy of one , and fastened in the stronger hold of many members , for this is a maxim that admits no postern , power never falls to the ground , neither in church nor state , but look what one lets fall , another takes up before ever it comes to ground , wherefore losing nothing , they keep their own ; but whether this power in church or state in the point of convenience be better in the hands of one or many , let whose will look to that , that 's not my work ; neither the names of governments nor the numbers of governours shall ever be able to fright away this jus divinum out of the church government , be the government what it will , bene visum fuit spiritui sancto & nobis , keeps in the jus divinum , be the government never so altered , whereas forbidden and improper hands , actions , as unusual , as unwarrantable , le ts out this jus divi●●● ▪ when they have changed it to what they can imagine , now whether or no it be proper for a lay-parliament , or a representative of lay-men , by the power of the sword , declining the kings authority , will and pleasure , who was appointed by god to be a nursing father of his church , to alter church-government , so antient , so begun by christ himself in his own person over so many apostles , so practis'd by the apostles over others , so continued all along , i mean episcopacy , that is to say , one minister constituted an overseer of many , and to lay hold upon tumults and insurrections , to pull down these overseers , and for men who in such cases should be governed by the church , to pull down the church-government without any the least consent of the church governours ; i leave it for the world to judge ; only my one opinion is this , that any government thus set up , or by such practices as these altered , must needs be so far from being jure divino , that it must needs be jure diabolico . but it may be objected , that if they should have stayed until the bishops had altered themselves , they might have styed long enough ; to which it may be answered , that had the bishops been but as poor as job , there would have been no such hast to change their cloaths . the ark was a type of the church , and whatsoever was literally commanded concerning the type , must be analogically observed in the thing typified ; god sate in the mercy-seat that was over the ark , the ark contained within it aarons rod , and a pot of manna , so the church contains the law and the gospel , the killing letter and the reviving spirit ; others interpret the rod to signifie the government and discipline of the church , as the manna the doctrine of christ , and food that came down from heaven : i take it to signifie both , and both answers my purpose ; if both be therein contained , neither must be touch'd but by the priests themselves ; neither must we confine this prohibition to the priests of the law only , but we must extend it also to the ministers of the gospel , both which were typified by the two cherubims , or ministring angels of the almighty : these ministers or angels , though opposite to one another , yet they both lookt alike , and neither of them upon one another , but both of them upon the ark that was between them , there was mutuality in their looks , and their wings touch'd one another ; so though the ministers of the law and the gospel seem opposite in the administration of the same grace , yet they must come so near as to touch one another in the manner of the administration ; exempli gratiâ , as there was in the old law high priests , priests and levites , so in the new law , bishops , pres●yters and deacons ; as none but priests were to touch the ark , so none but the ministers should reform the church . thus much for government ; now for episcopacy ; the question then concerning episcopacy , will be , whether or no , jure divino , one minister ( which answers to all names and sorts of church-men , and church-officers whatsoever ) may not exercise jurisdiction and power over many ministers within such a place or territory ? if this be granted , the bishops ask no more : if it be denyed , how then did christ jesus , bishop of our souls , give orders and directions to his twelve apostles , and taught them how they should behave themselves throughout this diocese the whole world ? how did st. paul exercise jurisdiction over timothy and titus , who were both bishops ? and how did these two bishops exercise jurisdiction over all the ministers of creet and ephesus ? was not this by divine institution ? if i find by divine writ , that christ laid the foundation of his church in himself alone being over all the apostles , and if i find that these apostles , every apostle by himself ( in imitation of our saviour ) accordingly exercised jurisdiction and authority over many ministers which were under them , and commanded others to do the like , as paul , timothy and titus , and if i find the practice of the church all along through the whole tract of time , to continue the like discipline ; shall not i believe this discipline to be jure divino , except christ sends down a new conje deslier from heaven , upon the election of every new bishop ? christ lays the foundation , we build upon it , he gives us the model , we follow the pattern , the church is built ; is not this by divine right , because he doth not lay the several stones with his own hands ? christ promised that he would be alwaies with his church , and that he would send his holy spirit amongst them , which should lead them into all truth , so that the gates of hell should not prevail against it ; but if episcopacy ●e anti-christian , then the gates of hell have not only prevailed against it a long time , but all along . as all judgments are given in the kings name , and all records run rege praesente , though the king be not there in person , but in power ; so the universal and un-interrupted and continued and generally received discipline of his holy catholick church ( which church we are bound to believe by the apostolical creed ) is christo praesente ( ergo jure divino ) though christ be not there in person , but in power ; which power he conferr'd upon those who were to be his successours , which were called apostles , as my father sent me , so send i you : and he that heareth you , heareth me ; and loe i will be with you alwaies unto the end of the world : surely this discipli●● of one over many , call it what you will , is to descend and continue unto the end of the world. object . but it may be objected , how can you prove that christ commanded any such thing , or that christ gave to the apostles any such power , as to make successors in their steads , with a warrant for it to continue from age to age ? sol. where do you find that christ gave the sacrament to any but his disciples ? drink ye all of this , but they were all apostles to whom he said so ? where did you find that christ administred the sacrament , or commanded it to be administred unto any lay-men , or women ? therefore is not the sacrament given unto them jure divino , because the words were left out in the conveyance ? when there grew a disputation concerning divorcements , christ sends us to the original , sic autem non fuit ab initio , if christs rule be good , then the bishops are well enough , for they may say concerning episcopacy , i mean one over many ( and that safely too ) sic erat ab origine . some are very unwilling that this episcopacy should be intail'd by christ upon his apostles and their successors , out of these words , mat. . . i will be with you alwaies to the end of the world ; they will not have it to mean in their successors ; but the meaning to be this , i will 〈◊〉 with you alwaies unto the end of the world ; that is to say , in the efficacy , and power of my word and gospel , to all ages ; why may it not signifie this , and that too : that it doth one , is no argument but that it may do both : god made all things , in number , weight , and measure , and will you slight his word ? shall sensus factus thrust our sensus destinatus out of scriptures ? the first ministers of the gospel must be ad●equate to the first minister of the law , and behold the same method observed in both their institutions : what difference is there between christ's words to his disciples , i am with you alwaies unto the end of the world , mat. . . and gods words unto aaron at his setting him apart for the high priests office ? this shall be a statute for ever unto thee , and to thy seed after thee , exod. . . certainly if the gospel be nothing else but the law revealed , and the law be nothing else but the gospel hidden ; whatsoever is written or said of the ministers of the one ; must needs have reference to the ministers of the other : and i shall desire you to look a little back upon the words which god said to aaron ; when god speaks of the seed of aaron , he only maketh mention of the seed after him ; but when he speaks of the statute , he saith it shall be for ever : if i do not flatter my own judgment , that tells me , that this statute of high priesthood , or episcopacy , call it what you will , must have heirs after the seed of abraham is expired , and did not the catholick church all along call the receiving of the holy-ghost , the order of priest-hood ? did ever any record above seven years date , call it making of ministers ? and why are they angry with the word priest ? is it because the prophet isaiah , prophecying of the glory of christs church tells us , we shall be named priests of the lord , but that men shall call us ministers of god ? isa. . . if the ministration of the law be glorious , shall not the ministration of the gospel be much more glorious , cor. . . and shall the ministers of the same gospel be less glorious ? when you see a man that cannot abide to see anothers glory , you may be sure he is no kin to him , or very far off ; so you may be ass●red that these are no true sons of the church , no●●o right children , who think a chair too great state for their fathers to sit in . in the apostles time these bishops , or if you will , superintendents ( which are all in one signification , only a good greek word chang'd by mr. john calvin , into a bad latin word ) were stiled embassadors of the almighty , stars of heaven , angels of the church , &c. but now these embassadours are used like vagabonds ; these stars , are not stars but fallings ; and the angels are no where to be found but ascending and descending jacobs ladder ; whilst this reputation was given unto the church , and its officers , the stones of its building were in unity , but as it is now , it seems no otherwise than as a corps kept under ground seemingly intire , but once touch'd , soon falls to dust and ashes . never was there such a monster as this ruling , and thus constituted presbytery , the father of it rebellion , the mother insurrection , the midwife sacriledge , the nurse covetousness , the milk schism , the coats armour , the rattle drums , a bloudy sword the coral , money the babies that it delights to play withal , it grows up to be a stripling , and goes to school to a council of war , its lesson is on the trumpet , its fescue a pistol , its going out of school in rank and file , its play-daies the daies of battail , and black-munday the day of judgment ; it comes of age and is married with a solemn league and covenant , it begets children like it self , whose blessing upon them is the power of the sword , and whose imposition of hands are broken pates ; this monster cries down this truly ancient catholick and apostolick power which the bishops exercised ; and then takes it up again , and uses it themselves in a higher nature than ever any bishops or apostles themselves did or durst have done , even to the excommunication and deposement of their kings ( to the delivering of them up unto satan , and to hang-men , if they stood but in their way ) to whom the apostles taught submission , ( how faulty so ever they were ) and if not obedience , yet submission , to every one of their ordinances , if not for their own sakes , yet for the lords sake , and for conscience sake : these men cry down the same authority as popish , whilst they exalt themselves above all that are called gods , in a higher manner , than ever any pope of rome ever yet did . we will begin with this monster in the very place of its nativity , and so observe him all along through the whole tract of time ; we will consider how it dealt with the first prince , under whose dominions it pullulated , which was under the prince and bishop of geneva , and these two were both nullified in the same person , as they were both here in england by the same parliament ; verifying that maxim of ours ( with that fore-running of theirs ) no bishop , no king ; and then we will shew you how they dealt with our princes here at home , where ever they had a power , viz. with mary queen of scots , and james and charles the first kings of england and of scotland both , and then usurp a power themselves , higher than popes or kings . calvin with his gladiators , having expuls'd the prince and bishop of geneva , set● up a government so high and unexpected , that the people would have nothing to do either with him , or his government : and thereupon they banished him the city ; calvin ( in exile ) bethinks himself how he might appease their fury , and give them satisfaction , and be invited in again ; calvinus de tristibus thinks it his best course of endearing himself unto the people , to make them sharers with him in the government , whereupon he invented his new fangle of lay-elders , and so all parties were agreed ; in comes mr. john calvin ( whilst he was scarce warm in his seat ) i shall present you with a story of him and of his demeanour of himself towards the temporal throne : there was a noble-man of italy , who liked the reformation which he had begun so well , that he forsook his religion and country , sold his lands and fortune , converted all into money , and took sanctuary in geneva ; as soon as he came there , great rejoycing and insulting there was , that their cause was honoured with so high a convert : the grand seigniour falls a building ; directing his masons , he found one of them something more sawcy than to what his lordship ( in his own country ) had been accustomed , little thinking that where there was promised so large a respect of souls , there had been so little respect of persons : this noble-man hereupon gives this mason a gentle tap upon the head , the mason flies upon him like a dr●●●● ▪ 〈◊〉 shakes him by the 〈◊〉 : my lord not being used to such course salutations , stabs him with his dagger , thinking nothing less , but that so high a provocation would have pleaded his indempnity ; no such matter , my lord was soon laid hold on , and brought to his trial : calvin upon the tribunal , not as a temporal judge in such cases ( take heed of him ) but only to be asked his opinion in cases of conscience ; the delinquent pleads for himself , tells them how insolently he was provoked , and wonders , considering such provocation , he should be questioned for so vile a varlet : hereupon mr. calvin soon starts up , and tells him , that with god ( whose seat they held ) there was no respect of persons , and for ought he knew , that man whom he despls'd to death , was as near and dear to god and his favour , as himself : their laws knew no such distinction as man-slaughter and murder ; but they were regulated by the divine law , that told them , that the man that sheds mans blood , by man shall his blood be shed ; that there was no exemption by greatness , nor buying it off by favour ; the noble-man replyed , that he had not been long enough amongst them to be acquainted with their laws ; it was answered , that the law of nature did forbid that , of which he could not be ignorant ( all this was well enough . ) my lord told them how hard a case it would be that a man out of his love and liking to the place and manners , should seek to it as a sanctuary for his conscience , and so soon find it his grave : that he was heartily sorry for what he had done , and would give any satisfaction to his wife and children that the court should order , or his estate allow ; he intended the man no hurt , before such rough hands shook him out of himself , that he knew not what he did , and therefore he humbly begg'd their pardon , assuring them for the future , that his waies should be so directly answerable to those paths they walked in , that he would not by gods grace hereafter step aside . the temporal judges , won with his humble and submissive behaviour began to relent , and desired mr. calvin to abate a little of his rigour , for the reasons before mentioned , assuring him that his case was no common case , and therefore it ought to have respect accordingly ; hereupon there grew a hot dispute between the spiritual , and the temporal judges : calvin remained st●ff in his opinion , and would not be bent to the least mercy ; the noble-man thought to throw one grain of reason more into the ballance , that should turn the scales , and that should be taken out of a consideration had of their own good : for saith 〈◊〉 , if you shed my blood hand over head , without any the least respect had to my years , to my birth , to my education , to the little time i had of being acquainted with your laws , nor to the provocation it self , nor to the suddenness of the action , nor to the surprize of all my senses , nor to the satisfaction i would have given , nor to the repentance of my very soul , who will come amongst you ? what lord or gentleman will live within your walls ? wherefore if you will have no consideration of me , yet consider your selves ; consider what a blow it will give to your religion , how many this very thing will stave off from ever having any thing to do with you ; by this time they were all prone to mercy , but calvin alone , who stands up , and cries fiat justitia , ruat coelum ; neither could he be brought to give his opinion , that the jury ( as we call them ) might not pass upon him ; but out went the jury , and contrary to their own law , hearing the noble-mans plea , and observing well the inclination of the bench in general , they brought in their verdict , not guilty ; whereupon the noble-man was acquitted : hereupon john calvin rises from the bench , and whilst the rest proceed to their matters , calls all the ministers within the walls and liberties of geneva , who appear before the judgment seat , with white wands in their hands , which they laid down , telling them , that with those wands they laid down their offices , protesting that they would never preach the gospel to a people whose human laws should run contrary to the laws divine ; and suddenly turned about and took their leave : which being acted with so much gravity , wrought so much upon the beholders , that they presently sent for them back again , and hanged the noble-man . this story i have read in their own history in geneva , than which my thoughts were then , as they are still , that never any pope of rome , did act as pope of rome , or so much as claim half that authority over the civil magistrate , as this anti-pope did virtually act ; and yet was not ashamed to make lesser matters than this the ground of the quarrel with the bishop , who also was their prince , when in his own person he acts the part of both . now we will see how these kind of creatures have plaid the masters of mis-rule among our princes here at home . king james in his discourse at hampton court , tells us how the presbyterians became lords paramount in his kingdom of scotland , and how they used his mother the queen of scots , viz. knox and buchanan , and the rest of that gang , came unto mary queen of scots , and told her , that by right , no pope nor potentate whatsoever , had any superiority over her in her own dominions , either in cases civil or ecclesiastical , but that she her self was supreme in both , and constituted by god as the only nursing mother of his church , within her dominion , and therefore conjured her to look about her , and not to let the pope of rome , or any of his agents , to have any thing to do within her territories , and to have care of christs evangel , as she would answer it at the dreadful day of judgment ; she gives them her ear , and at last her authority , they make use of it in the first place , to the pulling down of the bishops , and exalted themselves in their room ; when the queen look'd for an absolute supremacy , behold all the supremacy that these men would allow her , was not so much as to have one private chapel for her self , nor one priest whereby she might serve god according to her own conscience ; she finding her self so much deceived , labours to recal her authority , they kept her to it ; she takes up arms , they oppose her , fight her , beat her out of her kingdom ; she flies into england , they follow her with invectives , thrust jealousies into the queen of englands bosom concerning her , she is imprisoned , and after a long imprisonment put to death . king james having related this passage in the forementioned discourse unto dr. renolds , and knewstubs and the rest , turns unto the bishops , and closes his discourse with this animadversion ; wherefore , my lords , i thank you for my supremacy , for if i were to receive it from these men , i know what would become of my supremacy . the shining light of the gospel , and the burning zeal of the ministers thereof , may fitly be compared to fire , which if it be not in every room confin'd to one hearth , and limited to one tunnel , that may convey out of this so comfortable and necessary a blessing , all that may be destructive , and offensive in it , up toward the highest region , but is suffered like wild-fire to run up and down the house , it will soon turn all to flames and high combustions ; so the government of the soul seems to be of so transcendent nature to what the government of the body and goods is , that if it be not overtopt with superintendency or episcopacy , and so disimbogued into the supream authority , this comfortable heat if limited , as it turns to our greatest benefit , so neglected and boundless , soon converts it self into a suddain destruction and ruine . if you will hear how these men dealt with king james , her son , and father to charles the first , you shall find it in his basilicon doron , crebrae adversus me in tribunitiis concionibus calumniae spargebantur non quod crimen aliquod designâssem , sed quia rex eram , quod omni crimine pejus habebatur . are these men good subjects ? did they not convene him diverse times before them , school him , catechize him like a school-boy ? did he not protest unto his son henry , that he mislik'd their proud and haughty carriage ever since he was ten years of age ? did he not say that monarchy and presbytery agreed like god and the devil ? and have we not found it so , if we consider the behaviour of our new made presbyterians in england , to charles the first , his son ? o but the presbyterians had no hand in it , they pray'd and preach'd , and writ against it , tasted and pray'd for a diversion of all such intentions : but i pray , who took the scepter out of his hand , in taking away the militia , of which it was an emblem , that should have defended him , was it not the presbyterians ? who cast down his throne , by taking away his negative voice , was it not the presbyterians ? who took off his crown , the fountain of honour from off his head , by denying those honour on whom he had confer'd it without them , was it not the presbyterian ? who took away his supremacy , signified by the sacred unction wherewith he was anointed , in not allowing him the liberty of his own conscience in the point of episcopacy and church-government , was it not the presbyterian ? who would not treat a minute with their king before they had made him acknowledge himself guilty ( as they say ) of all the blood that had been spilt throughout his dominions , was it not the presbyterian ? who ( notwithstanding all the concessions on his part that could be granted , even to the very grating his princely conscience , when he bid them ask flesh from off his bones , and he would not deny it them , if it might have been a benefit unto his people , prayed that he might keep his conscience whole , it was the queen regent of all good mens actions , and he hoped there were none would force this queen before him in his house , as ahasuerus said to haman ) voted not satisfactory so long , until the independent army came from edenborough , and surpriz'd and murdred him , was it not the presbyterians ? he that said the presbyterians held him down by the hair , while the independents cut off his head , said true enough , they murdered him as a king , before ever they murdered him as a man ; for what may the independent say to the presbyter , if you 'l take off his authority , we 'l take off his head ; if you 'l make him no king , we 'l make him no body : if you 'l make him a man of blood , we 'l use him accordingly ; therefore at your doors , o presbyterian hypocrites , do i lay his innocent blood , it is but like the rest of your actions , committed by your ancestors to former princes al● along . one thing i pray you well observe ; there was never any reformed church in christendom , but when they shook off their bishops , they made their apologies to all the christian world , how they were necessitated to alter that ancient and best form of government of the church by bishops , in regard that they could not be drawn off from their obedience and dependance on the pope of rome ; and if possible they would retain that laudable government as most convenient ; but never were there any reformers in the world , but ours , that ever held episcopacy to be unlawful and anti christian before ; and will you know the reason ? which is only this , the bishops what they receive they lay down at his majesties feet , as acknowledging him to be supreme in all cases , when they would have him to be supreme in no case , as buch. de jure regni plainly tells us , that princes are no more but the proxies and attorneys of the people ; and yet for all this , the authority which they hold , to be as anti-christian in the chair , they practise as most christian on the bench , and much improve it . these monsters that they may the better cry down the divine right that is in episcopacy , and descended to them from the apostles ; tell us , that the calling of the apostles was extraordinary , and died with them : to make answer to which assertion , we must consider how many waies a thing may be taken to be extraordinary , and if we find that it may be taken so many waies , if we can prove a thing extraordinary one way , we must not take it to be extraordinary in every respect ; exempli gratiâ ; saul was extraordinarily called by god , because immediately by him , but this doth not make the calling of kings to be an extraordinary calling , for that succeeded ; so the apostles were extraordinarily called by god , as not being called out of the tribe of levi , nor taken from the feet of gamaliel , nor brought up in the schools of the prophets , yet this doth not follow , that the calling of the apostles should be extraordinary , for they had their successors : it may be extraordinary à parte ante ; but not à parte post , only in regard of the manner of their election , but not in regard of the nature of their commission , they were called apostles in regard of their mission , not in respect of their commission , which which was no more but what bishops had , neither doth the word apostle signifie so great authority as doth the word bishop , the one betokening but a messenger , the other an overseer , and therefore there is no extraordinariness hitherto , that they should not be extraordinary . . a man may be said to be extraordinary , in regard of some extraordinary gifts and endowments which god hath given unto a man , as unto the apostles the gift of tongues , of healing , &c. but this doth no way make the calling extraordinary , for then it would follow , that if god almighty should give unto any ordinary minister , extraordinary gifts , then his calling should be extraordinary , or that the calling of kings should be an extraordinary calling , because god bestows on some kings the extraordinary gift of healing . . it may be further urg'd , the calling of the apostles was an extraordinary calling , because they were pen-men of the holy-ghost , and in regard that the holy-ghost sat upon each of them ; no , that doth not make it extraordinary quoad nos , that it should not descend , for other divines and evangelists , were pen-men of the holy-ghost as well as they , therefore what was not extraordinary to themselves , cannot be extraordinary to us . . for their receiving the holy-ghost , it is no otherwise but what all bishops , pastors , and curates do receive , when they receive orders , receive ye the holy ghost , only the difference is this , they received it by the sitting of cloven tongues , and they by imp●sition of hands , but still the extraordinaries consist in the manner , but not the matter of the thing received , so that all the while there is no reason why this calling of the apostles should be so extraordinary , as that it should not descend : if christ promised to be with his apostles unto the end of the world , and they did not continue unto the end of the world , surely i should think without any straining at gnats , or swallowing of cammels , that the meaning of our saviours words should be this , that he would be with those in the assistance of his holy spirit , that should succeed the apostles in their offices of supervising his church , and propagation of his gospel , except i should see more reason than i do yet , why the apostles calling should be so peculiar , that it must not descend , or that the government of one over many , be so inconsistent with the church her good in after-time , more than in the beginning , that episcopacy should be so abominable . briefly i can compare these presbyters pulling down the bishops , to no other thing , than to a company of unhappy boys , who being not tall enough to reach the fruit , and wanting a ladder , for the fruit sake , lay hold upon the branches , and break down a bow , making it thereby no part of the tree ; so ●hese men , wanting merit to taste the fruit of learning , and not having capacity enough in themselves to reach those preferments which the church holds out to those who are deserving , they render that which was part of the church , as sever'd from the body , which is the highest kind of sacriledge , not only in depriving the church of part of its goods , but part of it self . lastly , if there be no other reason to be given , if not for the divine right of episcopacy , yet for the lawfulness thereof , but this one topical argument which i shall use , raised out of the continued practice of the church in all ages , to men whose faces are not bra●'d so thick , that it were reason proof , it were sufficient in my understanding , viz. suppose all the arguments which were for episcopacy , were as weak as so many straws to support a cause , yet though four straws are not able to support a table , yet fourteen thousand bound up together in four bundles , will hold it up as firm as so many props of iron ; so though some few practices of some few men within some few places , are not able to make an argument for episcopacy , that shall be evincing , yet the practice of the church all along for fourteen hundred years , in fourteen hundred dioceses , and throughout forty ages , makes good the argument against any few jack straws , or wat tilers whatsoever . ob. but there were no diocesan bishops in the primitive times . sol. was not christ a diocesan bishop ? and was not the world his diocess ? were not the apostles diocesan bishops , when the whole world , divided into twelve parts , were their twelve diocess ? were not timothy and titus diocesan bishops , when creet and ephesus were allotted to be their diocess ? ob. there were no lord bishops in those daies ? sol. those who ruled well were to be accounted worthy of double honour , and will you not allow them a single lordship ? ob. the lords of the gentiles exercised dominion , but so shall not you . sol. no , not such dominion as they exercised , there is a great deal of difference betwixt dominion , and domineering , betwixt lordship , and lording it over god's inheritance ; a paternal government was never accounted intolerable but by unruly children ; if this were not to be allowed of , how did christ rule his apostles ? paul , timothy and titus ? both these , all the ministers in creet and ephesus ? ob. st. paul laboured with his hands that he might not be chargeable to the brethren . sol. so might the bishops if they needed no more to study divinity than did the apostles , but if any benefactor had bestowed large revenues upon st. paul , i see no reason why he might not be a keeper of hospitality , as well as he advised timothy so to do : but now julians persecution is reviv'd ; do not ( saith julian ) destroy the christians , but take away the maintenance of the church , and that will bring their ministers into contempt , and so destroy their religion ; and now they are at it ; libera me , domine ( saith st. augustine ) ab homine impio , id est , libera me à me , so we had need to pray unto almighty god , that he would save his church out of the hands of her church-men , for she now lies upon the ground like the tree that complained , that she was rent in sunder by wedges made out of her own body . finis . notes, typically marginal, from the original text notes for div a -e see buch. de jure reg. sam. . . to the right honorable will: lenthal speaker to the parliament by him to be communicated to the members sitting at westminster. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing t thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) to the right honorable will: lenthal speaker to the parliament by him to be communicated to the members sitting at westminster. lenthall, william, - . sheet ([ ] p.) printed for edward thomas at the adam and eve in little brittain, london : . [i.e., ] an address from the county of berks, praying for a free parliament and the recall of the members secluded in . annotation on thomason copy: "jan. ." reproduction of the original in the british library. eng england and wales. -- parliament -- early works to . great britain -- politics and government -- - -- early works to . berkshire (england) -- history -- th century -- early works to . a r (thomason .f. [ ]). civilwar no to the right honorable will: lenthal speaker to the parliament. by him to be communicated to the members sitting at westminster. lenthall, william a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion to the right honorable will : lenthal speaker to the parliament . by him to be communicated to the members sitting at westminster . whereas wee the gentlemen and freeholders of this county of berks , were generally met together at abingdon , upon some intimation of an election of a knight of the shire , in pursuance of your order , for the filling up of this parliament ; and that some solicitations were used throughout the county for voyces , and being jealous to be surprised therein by any clandestine carriage of the writ : and whereas at this meeting it was further taken into consideration , that this county have with the rest of this nation been deeply sensible of many insupportable grievances and oppressions of late dayes , occasioned through the want of a real , setled , and regular government ; and in particular , that the commissioners for the militia having formerly charged the countrey to provide arms , which was done accordingly , the said commissioners do yet direct their warrants for the bringing in of twenty shillings for every foot arms ; which we are very confident is besides the intent of the act which impowers them , and are ignorant otherwise by what authority they proceed therein ; that therefore , having seriously consulted the remedies which might be proper for these and the like inconveniences for the future , and by gods blessing reduce us unto a firm , free , and legal settlement of our rights , civil and religious ; wee conceived it to be our duty towards god and our countrey , without any private ends whatsoever , to declare our selves in this sense ; that we take the most satisfactory expedient for it , will be , the recalling of all those members that were secluded in . and that before the first force upon the parliament . and , that in the elections which shall be of any other members in the vacant places , such due course may be taken , as that the countrey may not any way be surprised or over-awed therein : and , that the secluded members may be admitted to sit without any oath or engagement to restrain their freedome in the least ; wherein we shall be ready to defend you and them with whatsoever is dearest unto us , against all opposition : and pray unto almighty god for his assistance to the happy accomplishment of what may best conduce to the peace and safety of this nation . [ this is subscribed by most of the chief gentlemen and freeholders of the county of berks. ] london , printed for edward thomas at the adam and eve in little brittain . . by the king a proclamation for better furnishing the nauy, and shipping of the realme, with able and skilfull mariners. england and wales. sovereign ( - : james i) approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a stc estc s ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) by the king a proclamation for better furnishing the nauy, and shipping of the realme, with able and skilfull mariners. england and wales. sovereign ( - : james i) charles i, king of england, - . leaves. by bonham norton and iohn bill, printers to the kings most excellent maiestie, imprinted at london : m.dc.xxv [ ] caption title. imprint from colophon. sheet line of text ends "iames"; sheet , line ends "entertaine". "giuen at our court at saint iames, the one and thirtieth day of march, in the first yeere our reigne of great britain, france, and ireland." reproduction of original in: henry e. huntington library and art gallery. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- royal navy. great britain -- politics and government -- - . great britain -- history -- james i, - . - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion diev et mon droit honi soit qvi mal y pense royal blazon or coat of arms ❧ by the king. ¶ a proclamation for better furnishing the nauy , and shipping of the realme , with able and skilfull mariners . whereas the most excellent , high and mighty prince , king iames , of most noble and blessed memorie , our most deare and royall father , out of his princely and prouident care of the safety and honour of his kingdomes and people , and for the continuance and maintaining of the nauigation of this realme , and to the intent that skilfull mariners , and sea-faring men might be alwaies in readinesse , to furnish , as well his owne royall nauie , as the shipping of his louing subiects , did by proclamation , dated the sixth day of august , in the twentieth yeere of his raigne , straitly inhibite and forbid , that no mariner , or sea faring man , ship-wright , or ship-carpenter whatsoeuer , beeing his subiect , should , without expresse licence of himselfe , or his admirall of england , enter or attempt , or goe about to enter into the seruice of any forraine prince , or state , or be employed out of this realme , in any seruice whatsoeuer , vnlesse it were in the seruice of the said late king , our most deare father , or of some of his liege subiects : and did afterwards by a later proclamation , dated the seuen and twentieth day of february then following , further straitly charge and command . that no mariner , or sea faring man should absent , hide , or withdraw himselfe from his late maiesties seruice or prests , and that all such persons hauing prest-money giuen , or tendered vnto them , should duetifully , and reuerently receiue the same , and repaire aboard the ships appointed , and continue in that seruice , as to the duty of good subiects appertained , and not withdraw themselues , or depart there-from , without speciall licence : and did lately by another proclamation , bearing date the twentieth day of this instant moneth of march , likewise straitly inhibite and forbid . that no owner or master of any ship or vessell , nor any other , setting foorth any vessels of trade , fishing , or otherwise , should hire , or entertaine any mariner , or sea-faring man , knowing him to haue offended against either of the said proclamations : and if such owner , or other person not knowing of the said offences , should hire or entertaine any such offender or offenders , did will and command , that foorthwith , vpon notice of any the sayd offences , they should deliuer such offenders ouer vnto the next iustice of peace , maior , bailiffe , constable , or other officer , to be imprisoned , vntill the sayd offenders should giue sufficient bond and caution , for their foorth-comming and appearance , in such court , or place of iustice , vnto which it might appertaine , to haue them proceeded against and punished , according to their demerits , and withall , that the sayd masters , owners , and other persons , should forbeare to pay to the sayd offenders any wages . and did further thereby straitly charge and command all lieutenants , deputy-lieutenants , iustices of peace , maiors , bayliffes , constables , customers , comptrollers , searchers , and officers , aswell of the admiralty , as of the ports , and also all and euery person and persons , to whom any commission , deputation , or letters of assistance should be directed , for the presting of mariners , and seafaring men for publique seruice , that they should from time to time vse all possible diligence , and indeauour , to apprehend , and cause to bee apprehended , aswell all such mariners and sea-faring men , offending , as aforesaid , as also all such owners , masters , and others , as should entertaine or hire them , or pay them any wages , or otherwise helpe them to escape the hands of iustice ; and such as they should apprehend , they should , with certificate of their names and offences , binde ouer to appeare before the commissioners of his maiesties nauie , in london , to be by them committed , and deliuered ouer to the ordinary course of iustice , either in the court of starre-chamber , or of the admiralty , or otherwise , as the quality of the offence should require , with speciall charge and commandement to all prest masters , and their assistants , that they should publish the names of all such , as should bee prested by them in the ports where they should be taken , as also deliuer a note of their names to the officers of the ports , and others who were fittest to discouer them , if they should faile in the performance of their duties , as in and by the said seuerall proclamations more at large appeareth . now we , hauing taken the premisses into our princely consideration , and aduised seriously thereof with our priuy councell , finding how necessary it is , both for the safety and honour of this our kingdome and state , that all the seuerall proclamations before mentioned should bee put in due execution , for preuenting and suppressing the manifold abuses , contempts , and neglects heretofore committed in seruices of so weighty consequence ▪ doe hereby straitly charge and command , that all the said proclamations , and euery branch and article therein conteined , bee continued at all times hereafter , and be from time to time hereafter carefully obserued , and put in exact execution , as fully , and effectually , as the same should , or might haue bene in the life time of our said deare father , vpon the paines and penalties specified in the said proclamations , and such further punishments , as by our lawes or prerogatiue royall may be inflicted vpon the offenders : letting all our louing subiects hereby know , that , as our said most deare and royal father , in the publishing of the last of the said proclamations , had a gracious eye vnto the special seruice then intended , and to be now shortly performed ; so we rest assured , that none of our said subiects in the aduancement thereof ( so much concerning the safety of our kingdomes and our imperiall crowne and dignity ) wil be wanting to doe their vttermost in making us such a supply , as may giue testimony of their extraordinary care , faithfulnes , and dutifull affection towards us , who had much rather haue cause to expresse our gracious acceptance thereof at their hands , then be enforced to any other course , which the necessity and importance of our seruice will otherwise require . giuen at our court at saint iames , the one and thirtieth day of march , in the first yeere of our reigne of great britaine , france , and ireland . god saue the king. ¶ imprinted at london by bonham norton and iohn bill , printers to the kings most excellent maiestie . m.dc.xxv . the free-born subject, or, the englishmans birthright asserted against all tyrannical vsurpations either in church or state l'estrange, roger, sir, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; 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(eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the free-born subject, or, the englishmans birthright asserted against all tyrannical vsurpations either in church or state l'estrange, roger, sir, - . [ ], p. printed for henry brome ..., london : . advertisement on p. . reproduction of original in bristol public library, bristol, england. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng citizenship -- england. freemen. church and state -- england. political rights. great britain -- politics and government. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion the free-born subject : or , the englishmans birthright : asserted against all tyrannical vsvrpations either in church or state . london , printed for henry brome , at the gun in st. pauls church-yard , at the west-end , . the free-born subject ; or , the englishmans birthright : asserted against all tyrannical usurpations , either in religion or state . now to take my text to pieces ; by a free-born subject , is meant a person that is born under the protection of the law ; and thereby entitled to certain known immunities and privileges , as his birthright . but then he is likewise tied up ; by the same law , to certain rules and measures of obedience to government . so that he seems to be free in one respect ; and subject in another . now how far he is enfranchised by this liberty , and how far limited by that subjection , will be the question . you shall seldom or never find this expression used , but as a kind of popular challenge ; and still in favour of the free-born , without any regard at all to the subject . whereas we should as well consider the authority of an imperial prince on the one hand ; as the privileges of a free-born people on the other . and not so far mistake , either the force or the intent of magna charta , and the petition of right ; ( by which we claim to these liberties ) as if by being discharged of our vassalage , we were also discharged of our allegiance . the englishmans birthright sounds much to the same purpose too , with the free-born subject : only there lies a stronger emphasis ( in common speech ) upon the word englishman . as when we speak of a brave man , that stands up for the honour and defence of his country ; such a one , we cry is a right englishman , a true englishman . now ▪ to the end that we may not be misled by the sound and jingle of words ; into a false , and dangerous notion of things ; let us repair to the law , which is the known , and common standard of our civil actions : that we may not either give up our own just rights on the one hand , or encroach upon his majesties , on the other . for it is the law that marques out the metes and bounds both of king and people : that shews how far we are to go , and where to stop ; and teaches us to distinguish betwixt liberty and sedition ; betwixt a true , right old englishman , and a shuffling , double-hearted moderm impostor . as we have our legal rights , so we lie under legal restrictions too : and the king likewise hath his legal prerogatives , which are also accompanied with certain legal limitations . from whence it appears , that the law serves as a common-rule and lies as a common obligation both upon prince and subject . and yet though there be a duty incumbent on both sides , there is a great difference even in point of law it selfe , betwixt the kings violation of the law , and the peoples . the king breaks his word , the people forfeit their bond. they are both of them bound alike in conscience ; but the people are over and above engaged upon a penalty . it makes a huge noise in the world , that kings are bound by the laws as well as the people . and so they are , in honour and conscience , but no further : and this arises from the very nature of government it self : for wheresoever the last appeal lies , there rests the government . and there can be no government at all , without the establishment of a final result , for otherwise the king shall iudge the people and the people rejudge the king ; and so the controversie shall run round world without end . take notice now that all appeals move from a lower court , or sentence , to a superiour ; and consider then , how ridiculous it were to appeal downward ; or from sovereign princes , to any other power , than to the king of kings , who alone is above them . but let us put the case now , that a prince mis-governs : how shall he be tried ? it must be either by the law or without it . if the former , where is the law that says , the people may call their soveraign to accompt , in case he does not govern according to law ? or if they cannot produce such a law , the assertion is treasonous . if the latter , we are at our old salus populi again : which , in one word , is no other then a direct dissolution of the law , and a prostitution of authority to the will of the multitude . having already stated the conditions , and advantages of a free-born subject , and of our english birthrights : we shall now proceed to the asserting of these our privileges , against all tyrannical usurpations , either in matter of religion or state. and first a word of tyrannical usurpations . under this head may be comprised all sorts of violence and oppression ; ( by what means , or instruments soever exercised ) contrary to law and iustice. by tyranny , we do understand an vnjust domination ; or an abuse of a lawful power , to the injury of the people : as if a prince should turn a legal government into and arbitrary . now we commonly reckon that for an vsurpation , when one man takes upon him the right of another , without any title to it at all : as our late oliver was called vsurper . and there are also mixt cases ; ( as was that before mentioned ) where tyranny and vsurpation meet both in one. according to this division we may be oppressed three several ways ; either immediately by the prince himself ; or mediately by his ministers , as by special direction and command ; or otherwise we may be simply oppressed , one subject by another . but still these oppressions are illegal every way ; and the question is now , what legal relief in the case ? for as the law entitles us to the privileges we claim , and to the enjoyment of them : so does the law likewise appoint , and chalk us out the methods of asserting and maintaining our rights , in case they be invaded . so that we must onely oppose legal remedies to illegal wrongs ; and not think to deliver our selves from one violence by another . for popular commotions are the most criminal and dangerous of all sorts of oppressions . other oppressions may lie heavy upon particular persons ; but this is an oppression of law and government it self . and it is as foolish as it is impious ; for while we phansie all things to be lawful for us , because we suffer many things against law , we incur a legal forfeiture of all our privileges , by the unlawful manner of endeavouring to preserve them . it is a maxim in law , but not in morals , that the king can do no wrong ; for he may shed innocent bloud with his own hand , which is the greatest of wrongs ; but it is not looked upon however as a wrong in law , because there is no law to question him for it . the ordinary shift upon this point is , that the king may be sued , and that consequently he stands answerable to the law. to which i say , with a distinction , that the king hath a twofold right , a right of dominion , and a right of propriety . in the former ( which is the point in question ) there lies no action of law : in the other there may , for otherwise he might take away any mans free-hold at pleasure . and were it not a wild thing to imagine otherwise , when according to the very stile of the law , all writs , trials , and forms of iustice run in the kings name ? so that admitting their supposition , the king sits iudge upon himself . when the late underminers of the government found that they could not shake the royal authority this way , ( for it was attempted ) they had recourse afterward to the phansie of a coordinate government ; making the king , lords , and commons , to be the three estates ; in stead of the lords spiritual and temporal ; and the commons represented in parliament . which mistake being swallowed by the undiscerning multitude , proved the foundation of our common ruine . this whimsie being now set on foot again , i shall bestow a word or two upon the unmasking of that pernicious and sensless pretence , and make it appear , that the position is destructive , not onely of the three estates , ( as some account them ) but of the very being of parliaments . supposing the government to be coordinate , ( as these people will have it ) any tw● parts of the three may out the third . the king lies at the mercy of the lords and commons ; the commons at the mercy of the king and the lords ; and the lords as much at the mercy of the king and commons . so that at this rate no body knows to day , what government we shall have to morrow . this is the just ratio of a coordinate state ; and then to colour the invention , they tell us that the king is singulis major , vniversis minor ; greater then the diffusive body of the people , but inferiour to the collective . which strikes at the very root of parliaments ; for if it be true , that a prince by calling of a parliament dethrones himself ; what prince would ever call a parliament ? as it is clear that sovereign power is sacred , and not to be touched ; it is no less clear on the other side , that all the executors of illegal powers and violences may be questioned ; for that the law puts no difference betwixt one subject and another , but provides for common iustice betwixt man and man , without any difference of regard to dignities or persons . and as it appoints us such a relief in such and such cases ; so does it likewise ordain and direct such and such punishments in other cases , according as the wisdom of the law-makers hath found convenient . so that he is upon his good behaviour , either for redress , or punishment . but i hear many people say , that 't is true , the law provides well enough for us ; but what if iustice be overaw'd and obstructed ? my answer is , that we are to help our selves by law , if we can ; but if the law will not relieve us , we must be patient ; especially in a case , where 't is impossible to find a remedy that is not worse then the disease . let us but look a little into the consequences of passing that line , and taking upon us to be our own carvers . first ; by transgressing the bounds of the law , we cast our selves out of the protection of it . secondly , by declining the common equity of it , we run into partialities and factions , and every man makes himself both iudge and party . thirdly , from a certain and infallible provision for the stating and determining of all controversies ; we transport our selves into an absolute impossibility of ever reconciling them , i might have said , of vnderstanding them : for fourthly ; from matter of fact , we betake our selves to questions and propositions of notion ; as the law of nature , self-preservation , &c. which signifie nothing more , then to puzzle the multitude , and confound the order of civil administration . for there can be no proof made of a thought ; but under countenance of these blinds , the ambitious , the revengeful , the necessitous , the factious , the covetous , the malicious , and the like , stalk to their vnrighteous and self-ends . and what 's the issue of all this , but that , when by coveting more then did belong to us , we have lost what we had : when by forsaking the known , and the safe ways of peace and iustice , we have wandered out our lives in pathless , dangerous , and vncomfortable errors ; without either light or guide to set us right again : when we have been led by a false shew of liberty , as by an ignis fatuus , through boggs and ditches , and all in pursuit of a sluttish vapour : when by breaking the bond of humane society , we have turned a community into a desert ; and like wild beasts , torn one another to pieces . what is the fruit at last of all our wild adventures ? but bondage , beggery , shame , and late repentance ? so that our best and surest way will be , for every man to look to his own province , without intermeddling in the jurisdiction of another . having sufficiently discoursed upon the quality of tyrannical usurpations , we come now to religion and state , as the subject matter they are to work upon : wherein we shall distinguish betwixt tyranny , as an act of the government ; and usurpation , as a claim of the people . touching the power of kings , and the possibility of tyranny , in the matter of religion ; the question falls into a very narrow compass : for conscience lies out of the reach of law ; and the powers of government are onely exercised upon ouvert , and sensible acts. but the point in hand however is this : first , what is intended by the tyranny here spoken of ? secondly , how are we to behave our selves , in case of such tyranny ? there may be tyranny , either in forcing a man , ( upon a penalty ) to renounce the right religion , or to embrace a false one : or in prohibiting to any man , the freedom of worship after his own way . and all these cases vary according to the constitution of the government , and the conscience of the governour . for the same thing may be lawful in one place , and not in another ; and to one person too , and not to another : and it may be more or less excusable also , according to these circumstances . in short ; it is a tyranny , to press a man to a false worship ; a tyranny to punish him for adhering to a true one ; a tyranny to hinder any man from worshipping god as he ought : and the tyranny it self , is yet farther aggravated , if it be done in opposition to the law of the land ; and to the conscience of the ruler , as well as to common equity . but still when i have lost liberty , estate , nay and life it self , by reason of religion ; my religion it self is preserved inviolate , even when my body lies in ashes . the prince that acts all these tyrannies , hath undoubtedly a great deal to answer for to almighty god : but what remedy is there for the subject that suffers them ? and let that be the next point . in case of such persecutions as aforesaid , i know no more then these four ways of application , for relief ; either by prayer to almighty god ; by recourse to the law , for protection ; by petition to the government , for indulgence , and compassion ; or else , to trie if we can deliver our selves by direct force . the first , is a sure expedient in all cases : for where we are not delivered from our afflictions , our afflictions are yet , by gods providence , turned into comforts . in the second place , we may make the best of the law , provided that we do not make the law felo de se , and raise inferences of equitable supposition , in contradiction to the naked and express letter of it . as for example ; by the law , we have a lawful right to such and such liberties ; and herein we have the law to friend . but if we make any attempt to compass these lawful ends by vnlawful means , the law is point : blank against us . our next resort is , by petition to the government ; which is a course , laudable and fair ; provided we keep clear of rancour and clamour ; and address to the magistrate not to the multitude : for it is not the end of those popular papers to sollicite relief , but to provoke tumults ; and under the countenance of begging compassion toward the people , to stir up sedition against the government . for lewd characters of men breed ill thoughts of them ; and evil thoughts break out into wicked actions ; and the readiest way in the world to a rebellion is , to startle the vulgar with an apprehension of tyranny . if all this will not do , there remains nothing more , but either patience or force . the former was of the primitive , and the later hath been the practice of our modern christians ; but whether they do well or ill in it , shall be now examined . it hath done a great deal of mischief in the world , the misconstruction of that text that bids us obey god rather then man. for the people are not well aware , that , first , in obeying of magistrates in all warrantable cases , they obey god also , in that civil obedience . secondly , supposing the command of the supreme magistrate to be directly opposite to the express will of god : i will not obey him in that case , but i am not yet discharged of my duty to him in other cases : for he is never the less a lawful magistrate ; ( even for not being a christian ) and i will not resist him in any : thirdly , the law of this nation makes all motions and insurrections whatsoever , without legal authority , to be riotous , seditious , or treasonous assemblies . fourthly , allowing this latitude to the people , that they may confederate , and rise , for the defence of religion ; they may as well rise for the subversion of it : for we have but their bare words , either for the one , or for the other . fifthly , it authorizes every man to set up a church by himself , in his own phansie ; and in stead of carrying his body to the doctor for a fit of the spleen , he brings his conscience , forsooth , to the government , to be cured of a revelation . and this license , in one word , sets up the crotchet of every sickly brain , in competition with christianity i● self , and the politique peace . what if i should say now , that there was never any war in the world undertaken purely upon the accompt of religion , that was not utterly vnlawful ; unless in cases of gods extraordinary and peculiar dispensations . for , first , what are the certain and necessary effects of war , but bloud , rapine , oppression ; the multiplying of so many widows and orphans ; depopulating of countries , and kingdoms ; and the violation of all rights , sacred and profane ? are these now the works of the gospel ? and what is religion the better for all this ? these are sacrifices for moloch ; and this is a religion , and an oblation , fitter for an insensible and implacable idol , then for the god of love and peace . let us but consider now , what a deluge of impiety flows in upon humane nature with this opinion . the papist falls foul upon the protestant ; the protestant upon the papist ; the christian upon the mahumetan , the mahumetan upon the christian : it sets all people , and all parties together by the ears , onely for diversity of thoughts . it makes authority ridiculous , it frustrates the very laws of nations , and lays the world again in common . now if this be so pestilent a doctrine , taken only at large ; how much more diabolical is it , for subjects , upon this vngodly pretext , to go about to embroyl a well regulated state ; and to charge their souls with perjury , schism , and rebellion , over and above the common crimes that accompany hostile invasions . as the law hath been hitherto , so it must be henceforward the rule and measure of all our proceedings . in the section of tyranny , the question was , how the subject should demean himself toward the prince , in the case of such and such oppressions in matter of religion . but now , in case of an vsurpation , the question is , how far the government should comply with a popular importunity ; or how far the people should gratifie one another . of which we have spoken so much at large elsewhere , that the less will serve in this place . the word vsurpation , implies the affecting or invading of anothers right ; which , in the point of religion , must needs be very dangerous ; because the people are so easily disposed to swallow that deadly pill . i do not reckon a bare and simple dissent from the established doctrine and discipline of the church , to be an vsurpation : for possibly there may be a real scruple , or want of due information in the case . but when that dissent comes to be practical ; when it comes to make parties , to divide into sects , to plead and to challenge the law ; it is no longer a plea of conscience , but a direct conspiracy against the government . it is a nursery of heresies , over and above ; and a liberty , utterly inconsistent with the measures of political iustice and prudence . for first , they agree among themselves in the single point onely of departing from vs ; and they are not , in conjunction , more dissatisfied with our ecclesiastical laws and decrees , then they are severally , among themselves , one sect with another : so that it is , in this respect , impossible to please them . and secondly , it is no less dangerous to offer at it , in other considerations . for first , upon the current of long and constant experience , they have been always found insatiable : never esteeming what they had , to be enough , till they had gotten all. the late king gave them still more and more ; and the more he gave , the more they craved ; and turned his bounty , at last , to his destruction . he did effectually , in favour of their importunities , strip himself , to his revenue , his crown , and his life ; and all that , they took . another danger is , that the very men that ask a toleration , are principled against it . and i see not the least shadow of a reason , why they that will not tolerate others , should be tolerated themselves . and truly as little ground for the asking of it , as for the granting of it . for first , why should the vnity of the church be broken , and the peace of it disturbed , in favour of the enemies of it ; and to the discouragement of the churches friends ? secondly , as the act of vniformity hath the full and solemn complement of a binding law ; why may they not as well demand a dispensation for rebellion , as for schism ? and quarrel any other law , nay , one after another , the whole body of the law , as well as that ? the law is the established rule of our actions ; and they will have every wandering phansie to be a rule to the law. they themselves fly from the law , and their complaint is , that the law doth not follow them . this method frustrates the very order of providence , and makes all provisions of government to be vain and vseless . they cannot pretend to charge this law with any defect , in regard either of the civil , or the ecclesiastical authority of it . here is , first , the iudgment of the church duly conven'd , touching the meetness and convenience of the rites and forms therein contained . secondly , there is the royal sanction , approving , and authorizing those rites and forms ; and requiring our exact obedience to them . thirdly , the matter of the law here in question , is our own act ; for that we our selves are concluded in the vote of our representatives . against these vsurpations we have law enough : and so we have likewise against those that follow in matter of state : which may be reduced to vsurpations upon us , in matter of life , liberty , or estate . there is an vsurpation upon the magistrate ; and there is an vsurpation upon the subject : upon the former in respect either of title , or of power ; both which cases are determinable , and relievable by the law : and so also is any oppression upon the subject : that is to say , where one subject oppresses another . when i say determinable and relievable by law , my meaning is , that the law hath competently provided for the freedom and security both of king and people : and the remedy seldom fails , where it is seasonably applied , and vigorously pursued . but when the dignity of government may be vilified gratis , the kings ministers and friends bespattered with billingsgate libels , and his professed enemies supported and encouraged : when his majesties title as well as his prerogative and reputation , shall come to be the subject of every bawling pamphlet ; and the bounds of sovereign power to be debated by porters and carmen , over pots of ale : when not onely the reverend and lawful ministers , and the apostolical order of the church , shall be derided and despised ; but religion it self pass onely for a sham , a piece of priest-craft , and be published in print , for no more in effect then a political art of getting a hank upon the people : when such outrages , i say , as these come to be daily committed over and over , in the very face of the sun , and the laws suffered to sleep , that should repress , and punish them : what can be the event of this inhumane license , but confusion , and ruine ? and if it comes to that once , it was our own fault , for not putting a timely and a legal stop to these audacious vsurpations . the positions and the methods that brought on our late troubles , are now revived and practised every day afresh : we have our quaeries , our remonstrances , and all things , to the old tune of curse ye meroz , and to your tents , o israel : most munifestly tending to the unhinging of the government ; and as certainly designing the subversion of the church and of the state. the boldness and the impunity of these libels , would be an equal wonder to me , if i were not satisfied , that the one is clearly the effect of the other : for their escaping punishment , looks as if the government were afraid of the rabble ; and then their passing without answer , gives a kind of credit to their doctrine . it is not a work for a gentleman to rake a dunghil , and to gather up the peoples vomit : but yet out of a foolish zeal and tenderness for a duty that hath onely given me misery in this world , and the hope of comfort in a better ; i cannot but endeavour to possess others with the same sense of these indignities which i have my self ; and to lay open this spirit of calumny and slander : these vncoverers of their fathers nakedness , and defilers of the honour of our common mother . my onely encouragement to this undertaking , is the title i have to be believed in it . for i am so far from being bribed into this office , either by the tie of past obligations , or by the prospect of benefits to come , that ( with infinite acknowledgments of his majesties grace and goodness to me ) i defie any man to produce another gentleman in the kings dominions , under my circumstances , that hath suffered so many illegal , arbitrary , and mean injustices , from any of the abusers of the kings bounty , as i have done . insomuch that after a sentence of death , for his majesty ; betwixt three and four years in newgate ; and a matter of seven and thirty years faithful service to the crown ; the bread hath been taken out of my mouth , and in a large proportion , shared amongst some of those very people that pursued the late king to the block : nor do i look for any more advantage for the future . this reflection ( by the way ) doth not concern any man that is now in office at court ; and i hope there is enough said already , to acquit me of any likelihood to be partial in this matter . i must not slip this occasion of bringing in a case of late date ; a case wherein all men of letters are concerned , and not impertinent in this place , and that being done , i will proceed . being desirous to inform my self very particularly concerning this late devillish plot , i got the best intelligence i could , as well by short notes upon the trials in court , as by word of mouth from credible persons that were there present . after this , upon perusal of the printed trials , i found several gross incoherences ; ( especially in the later of them ) and very material mistakes . as in that of mr. langhorn , fol. , and . mr. lydcats name is used no less then nine times , as one of the st. omers witnesses , in stead of mr. hall , to his very great prejudice . reflecting upon these errors , together with the almost inextricable difficulty of retriving the truth , out of such a confusion of tautologies , and forms ; the collection being so bulky too , and the particulars lying so scattered , that it was next to the work of a resurrection to set every part in its right place . i betook my self to my friends , my thoughts , and my papers , and digested the whole transaction into an historical narrative . and not in dialogue neither ; nor in the words , either of the bench , the witnesses , or the prisoners ; but in my own stile and way , and just in the same fashion as i would tell the story . this book i entitled , the history of the plot , &c. made a legal assignment of my right to a bookseller . i authorised him to print it , and he imprinted it by the authority of the author : some of the pretenders to the formal trials , arrest my bookseller , as an invader of their propriety , and threaten him most wonderfully into the bargain . he puts in bail to the action , and there the squabble rests . they do not complain of any imitation of their copy , but take upon them , as if no man else were to write upon that subject . at this rate , we shall have all sermons forfeited to the kings printers , for descanting upon their bibles ; and all books whatsoever , to the company of stationers , because they are made out of the four and twenty letters ; and the abc is their copy . what a scandal is this to the commonwealth of letters ? what a cramp to learning , and industry ? that if i have a mind to compile a history , i must go to forty little fellows for leave , forsooth , to write the narrative of the proceedings upon our blessed king and martyr , the brave earl of strafford , archbishop of canterbury ; with a hundred more instances of the like nature , because some or other of them has lurched , perhaps , a copy of their trials . what if a man should write the battle of worcester , and the kings miraculous escape , after the defeat ; must he not mention the thousand pound that was set upon his majesties head , without leave of the printer that had the propriety of the proclamation that offered it ? or if a body would draw up a systeme of treason and sedition ; must he go to the publisher of bacons government , for a license ? i am the larger , because it is a publick case . and take notice , first , that the whole story is drawn into less than a sixth part of their volume . secondly , that there is not so much as one material clause omitted in it . thirdly , that it is incomparably plainer , and more intelligible then the other ; beside the many corrections in it . fourthly , that it is eleven shillings saved ; theirs being rated at thirteen and six pence , at the lowest penny , and this onely at half a crown . and so much for this . i come now to an examination of two libels ; the most audacious and virulent that have yet passed the press . the one of them entitled omnia comesta à bello ; or , bel hath devoured all . the other is called , my lord lucas's speech . but take notice that my exception lies to the supplement or appendix ; not concerning my self at all with the speech . the former of these papers is an allusion to the story of bel and the dragon : where the priests and their wives came in at a back-dore , and consume what was offered to the idol . it is printed bello in stead of belo ; and the mistake is a great deal righter then the meaning : for it was , in truth , the war that devoured all ; and the good old cause ( which was the foundation of that war ) was , in effect , no better than a christian idol . it comes forth , as an answer to the first of five pretended questions ; which he sets down at length : and we will speak of them in order , as far as shall be needful . quaery . whether the great cause of impoverishing the nation , ruine of trade , and general consumption of comfort , settlement , and content , which hath brought the land to a meer anatomy , be not the pomp , pride , luxury , exaction , and oppression of the prelates ? pag. . he concludes in the affirmative . and pag. . the trading stock of the nation ( he says ) is devoured in this prelatical gulph . but are we so miserable then ? and is the hierarchy the cause of all our miseries ? let us compare the times a little , when we had bishops , and when we had none : for there is no trial of the truth and reason of things , like experience . from . ( when q. elizabeth came to the crown ) to . we had a continued succession of a protestant ( or rather , a reformed ) prelacy . and so from . to this present . which is upward of a hundred years . and all this while the government stood firm upon its ancient basis. the gospel flourished , and the subject enjoyed their legal liberties , under a legal administration , both in church and state. from , to . episcopacy was out of dores . do but observe , now , what havock was made in the state , both ecclesiastical and civil ; in matter of our religion , liberties , and properties , in that interval , of onely nineteen years : when an ordinance was of more force then an act of parliament : and our lives , freedoms , and estates , lay at the mercy of the tyrants of athens , in a derby-house committee . but let us yet come closer to the business . i would fain know what these men would be at , that are so desperately unsatisfied with the condition they are in . would they be in the days of queen elizabeth again ; or of king iames ; or of the late king ? if nothing of this will content them ; there is no other choice left , but that of rebellion . for whosoever traces the history of these male-contents , will find deadness of trade and persecution to have been their constant complaint , from the reformation it self , to this day . after the passing of a general sentence upon the bishops , as the authors of all our calamities , he takes the whole to pieces . treating first , of the revenues , pomp , and state , of prelates . and there he tells us of two provincial arch-bishops , with their princely retinue , domestique chaplains , officers of temporal tithes , spiritual officers , vicar general , guardian of the spiritualities , dean of the arches , with all their vnder-officers and attendants . to be as brief as possible : first , where is the crime , or the iniquity of all this pomp and state ? or why should not an ecclesiastical body have its dignities and dependences , as well as a civil community ? there is no body envies my lord maior his sword-bearer , his mace-bearer , or any other servant , or ensign of his preeminence and office. for beside that the very splendor and magnificence , creates and preserves a reverence for authority . this multiplicity and subordination of officers , is of absolute necessity also ; as subservient to order , and to the very discharge of his function . the second question is , are these officers established by law , or not ? if by law ; this clamour is an arraignment of king , lords , and commons . thirdly , it is not onely a legal establishment , but an establishment of many ages , and continued without interruption , till both church and kingdom fell together . and then , in lieu of bishops we had a motly synod of state-pensioners ; hirelings , to poison the pulpits and the people ; and to decoy the silly multitude out of their lives , fortunes , liberties , duties , and religions : men kept in pay , to preach thanksgiving sermons , and to help out at a dead lift , towards the bringing of their soveraign to the scaffold . when they had preached and prayed the kingdom into bloud and disobedience ; and held the rabble several years agog , and gaping after the blessed reformation so graciously promised them : out comes at last the false conception of their directory . ( a kind of spiritual moon-calf . ) but by this time , the king was as good as lost ; and so they fell presently to sharing of the publique revenues of church and state. they dispatch their prince , enslave the people , and there is an end of that reformation : and it is the very fellow of it , that they would have again . was it not a blessed exchange now , to be freed from the prelatical tyranny , and their retinue , and to have such gospel-ministers ? generals , majors , and lieutenant generals , plunderers , sequestrators , decimators , regicides , and sacrilegious vsurpers set up in their stead ? this cuckoo-song of forty one , forty one , forty one , over and over ; were ill-natured and ridiculous , if the other cuckoo-song of popery and tyranny , popery and tyranny , and accompanied with the former principlies , over and over , had not made it absolutely necessary . his next grievance is , the ecclesiastical courts : court of faculties , court of audience , prerogative court , delegates , bishops diocesan , with their trains , domestick servants , chaplains , officers , and courts ; chancellors , registers , apparators , proctors , archdeacons , commissaries , officials , surrogates ; their lordly palaces , ecclesiastical dignities , baronies , &c. viis & modis amounting to at least four hundred and fifty thousand pounds a year : enriching themselves ( also ) by ordinations , institution , and induction ; by making rural deans , licenses to curates , school-masters , parish-clerks , physicians , midwives , marriages , by absolutions , by commutation of penance , probates of wills , letters of administration , presentment , &c. pag. , . there is enough said already to their dignities and officers ; and so for their courts , fees , and privileges : they are all of them of ancient right and custom . if they envy the bishops their revenue , the common people may as well set up a levelling trade again ; and fall upon all estates and conditions of men that are better to live then themselves . why should such a lord , gentleman , merchant , &c. have so many hundred thousand pounds a year amongst them ; and the poor ready to sterve ? is not money drawn into a few hands here , as well as there ; and their abundance , consequently , the cause of our want ? nay , the same reason reaches the king , as well as the church . so that gods providence to some , must be rendred and injustice to others . one would think by the out-cry that all this went immediately out of the peoples pockets : whereas the patrimony of the church is setled and confirmed by the great charter , of the english liberties ; as firmly as any freehold we have . there hath been always this clamour against their courts ; but how was it with us , when they were put down ? we had our triers ( in good time ) our committees for sequestration , decimation ; money upon the propositions , the sale of irish lands ; our loans for our brethren the scots ; our committees for crown and church lands : and a hundred other inventions for the beggering and enslaving of us , contrary to law ; by way of commuting for the iurisdiction of these courts , according to law. in stead of licenses to preach , or teach school , we had sequestrations and imprisonments for preaching or teaching ; unless upon the conditions of renouncing both the king , and the church . in stead of demanding lawful oaths , we were upon pain of plunder , confiscation , and imprisonment , pressed to vnlawful ones ; as covenants , negative oaths , oaths of abjuration ; and not onely so , but in direct contradiction to the oaths of allegiance and canonical obedience ; to double-hatch the perjury , in defiance of both our implicit and explicit obligations . here is the short of that exchange . upon his computation of the value and dependences of the ecclesiastical state , he reckons some ten thousand persons , one way or other , belonging to the church : and at least l. per ann . first , in place of the ten thousand persons he speaks of , ( who in another place ( he sayes ) bring nothing to the stock ) what do ye think of an army of men , wholly exempt from the civil iurisdiction ; and onely triable by martial law ? hist. indepency , pag. . part. . or in stead of the churches spending four or five hundred thousand pound a year , of their own ; what do ye think of the vsurpers spending above forty millions , in less then seven years , of the kingdoms money . hist. indep . pag. . but of this hereafter . we had then no longer the eye-sore before us , of the prelats lordly palaces ; the kings palaces were likewise seized by the same hands : our churches turned into stables ; our very alters robbed and profaned . and , to go thorough stitch , he whips up the clergy for their visitations , their paschal rents and procurations ; nay , their canons , vicars , petty-canons , singing-men and boys , choristers , organists , gospellers , epistlers , and virgers too : and all this , as idly , as if he talked in his sleep . here he takes breath , and at the bottom of the . page , promises a catalogue of more families ruined , more persons imprisoned , and an accompt of more money spent , by the cruelty of the prelats , then by all the law-suits of england , all payments and taxes beside : except upon the late extraordinary occasion . this libel was printed , as i remember , before the great plague ▪ and now of late reprinted over and over , and dated . so that his late extraordinary occasion , is onely a civiller way of expressing our late extraordinary rebellion . something shall be said to this by and by. his . page , and a good part of the . are a rhapsody of grievances . upon the kings restauration , and purchasers of church lands were forced to restore them , without any compensation . he makes it to be a hard case , the restoring of them to the right owner , but says nothing of the tyranny of taking them from him . he tells us that the rusty ecclesiastiques , that neither serve our lord jesus christ , nor their country , but their own bellies , ( this is the complement he bestows upon them ) hord up the mony that they have extorted from the subject by fines , and have brought the nation to a consumption . i wonder how church-leases , that are commonly the best penniworths should be a greater grievance to the nation , then others that are set at higher rates , which we hear no complaint of at all . and i do not see how it consists with his charge of luxury upon the prelats , that upon so great expence , there should be no circulation of the treasure . i could tell him of the turkish slaves redeemed ; their bounties to ministers widows ; their publique works , as the oxford theatre , the reparation of litchfield cathedral , and the re-edifying of such of their palaces , as the iniquity of the late times had demolished , &c. to say nothing of the common right they have to dispose of their own : or to the secret charities of many of our eminent churchmen , who have too much honour and piety , to make proclamation of it in the market place . but now comes a lamentable story . we have all our able , godly , orthodox ministers turned out , ruined , and beggered , and no manner of supply provided for the maintainance of them and their families : and in their rooms ( in many places ) a company of debauched , illiterate , superstitious , profane priests ; which blind guides must needs lead them that follow them to hell. pag. . let the reader observe the pharisaical and vnmannerly opposition betwixt his ejected ministers , and those that were introduced ; and then let him consider the right , and the condition , both of the one and of the other . this was the very character the schismatiques gave our learned , pious , and canonical divines , when they turned them out of their livings by hundreds , contrary to law , honesty , and humanity it self ; and the same character with the other , did they take upon themselves , that turned them out : the incumbent legally invested in the benefice ; and the other , an oppressing and injurious vsurper . and what came of it ? the shepherds were destroyed , and wolves set to look to the flock : the vnity and simplicity of evangelical truth was lost and confounded , in a compound of carnal policy and schism . we had as many religions as pulpits ; and the doctrine of rebellion delivered in them , in stead of the doctrine of salvation . he goes on , damning all the churchwardens for persecutors of the gospel , if they present according to their oaths ; and for perjury , if they do not . if a minister preach without his canonical garment : if any man goes from his own parish church to hear a sermon , &c. or work upon a romish holyday ; if he does not stand up at the creed ; nor bow at the name of jesus ; or does not keep off his hat all the while , he is presentable . well , and what of all this ? there is neither life nor limb , in the case , if a man be presented . here is for decency sake , an order ; and that order is supported by authority ; and obedience in lawful matters , deriving from a lawful authority , is an essential duty both of a subject , and a christian. he seems onely to have talked idle all this while ; but now he grows directly outragious . we have gotten ( saith he ) most of the sober trading part of the nation discouraged by citations , excommunications , writs to take them excommunicated ; imprisonments upon ecclesiastical accompts ; by this means thousands of families are already ruined , and many hundreds are ready to leave the land , and remove into some other country , where they may have liberty of conscience , and freedom from these devouring harpies . and then he tell us of our surplices , copes , tippets , cringings , out of the romish rituals , and a service collected out of the romish books , the maess breviary , &c. was not this the very stile of the petitions and admonitions to q. elizabeth ? and so down to this instant . pray what did we get by it ; when to be cased of this insupportable tyranny , the nation was at the charge of l. a moneth to an army ? hist. indep . . above one half of the revenue of the kingdom under sequestration : l. a year openly divided by the faction among themselves ; beside private iobs , and above millions that they never accompted for . l. a year in wages to themselves ; l. a year more in gratuities . beside free quarter at pleasure : taxes innumerable ; and all vnder-hand corruptions . above a million and a half levied by compositions ; and then so cheap and despicable slaves , in our persons , that welsh prisoners were sold into plantations at pence a head . for the truth of all this , i refer my self to mr. walker in his history of independency ; a knowing and a well-read person in the whole transaction , and a man of credit . as to the pamphletters liberty of conscience : he would have the world believe this vniformity and rule of discipline to be new , and singular , and the work onely of the present age , and bishops . whereas , whosoever will consult the history of our government , will find this law to be a moderation , which they call a persecution : especially at a time when the strictness is not executed . under edward the vi. the very depraving of the common prayer , or procuring the vse of any other in open prayer , was l. to his majesty for the first offence ; l. for the second : and a forfeiture of all goods and chattels , with imprisonment during life for the third . and in the fifth of the same king , there was authorized an ecclesiastical iurisdiction in these cases . q. mary repealed this act : and in the first of q. elizabeth , q. maries act was repealed , and the former act confirmed ; which was afterwards in the five and thirtieth of that queens reign , enforced with more rigour ; to which she was necessitated , by the turbulence of that spirit of schism which still to this day is a working . king iames handed it down to the late king , and he continued it , till by a torrent of popular violence , the king himself , and the government were both over-born : we have gotten ( saith he ) a swarm of ecclesiastical officers , which the scriptures never knew , nor reformed churches ever owned : a sort of proud prelats — and all manner of misery to soul and body . plague , fire , sword , vniversal beggery ; and , without seasonable mercy , the total ruine of the whole kingdom . i am sorry to hear that we have any officers which the reformed churches never owned : for these which we have in this government at present , we have had for several ages : and when we had these officers no longer , we had no longer any government : and then it was that all his plagues befel us . we have made but one trial of another way of government , and it cost us dear . upon a supposed question over again , concerning the rise of our miseries ; the libellers answer is , that the manifold provoking sins of the land ; as adultery , blasphemy swearing , idolatry , perjury , and contempt of god and godliness do pull hard with heaven to bring down desolating iudgments : but the nearest cause of our impoverishments , ariseth from the particulars afore mentioned . ] he should have done well to have put in rebellion too ; which hath all other sins in the belly of it . but that is a thing these people do not love to touch upon . to the rest i have spoken more then enough already : and that which follows , is onely an impertinent citation of reflections upon ill bishops , whence he would draw an inference that we are to have none at all . the second of the five quaeries before mentioned is this , [ whether since all other reformed churches in europe did upon the first reformation and departure from popery cast out all diocesan bishops , name and thing , root and branch , as an office altogether popish ; together with all their hierarchical appurtenances ; and do this day esteem them no otherwise ; why did not , or doth not england also do the like . ] so that by hook or by crook , it seems , the bishops must down , either for oppression , or for popery ; after the example of all other reformed churches . we may see by this , what kind of reformation we are to expect from those people that account the church of england to be popish . we should be presently a tearing down altars again , demolishing of churches , rifling of colleges , and murthering of iesus christ over again in essigie ; which is no way to be effected but by another rebellion . the model of the best reformed churches , was the juggle of the covenant ; and the very condition of the scots coming in the second time , was our owning of their kirk for the best reformed ; and declaring for a reformation of the english church , according to the scottish model . the reformation doubtless was a glorious work ; but there have been very ill things done under that pretext , and in the way to it : and it is no new thing for god to be in the end , and the devil in the mans. beside that , the doctrine and discipline of the church of england is so pure , and apostolical already , that there is no need of double refining it . his third quaery is a frank proposal , without any more ado , of taking all the church lands into the crown ; and very courteously he offers the poor cavaliers a snip in the booty . does he consider , that after this violence , an englishman hath nothing left him that is sure and sacred ? and that as much as in him lies , he destroys us in our liberties , consciences , and estates , all at a blow . the patrimony of the church is first , a gift to god , and appropriated to his service ; and therefore not to be touched : ( they have robbed me , saith god , in the prophet malachy . ) or if it may , no man is sure of the estate he possesses , by the same reason : for there is no better title in nature , then a deed of gift . secondly , it is setled and confirmed by magna charta ; which says , that the church of england shall be free ; and shall have all her whole rights and liberties inviolable , ( for ever . ) thirdly , the king binds himself by his coronation oath , to preserve unto the bishops , and to the churches committed to their charge , all cononical privileges , and due law and iustice ; and to protect and defend them , as every good king ought to be a protector and defender of the bishops and churches under his government . so that here is sacrilege , common right , and perjury in the case . his fourth quaery is , [ whether in those kingdoms and states where prelacy is extirpated , and a presbytery onely retained , there be not as godly , able , orthodox preachers , &c. and as good subjects , as where bishops are retained . — his last quary is onely a political prospect upon the power of france , and nothing to the point in question . ] to which i answer first , that i know no such kingdoms as he speaks of . secondly , what if under a presbyterial government , any subject of that state should move vise versâ , for an episcopal there , as he does here for a presbyterial ? how would it be taken ? if there may be as good preachers and subjects on the one side , as on the other ; why should we change the government , to be onely where we were ? fourthly , if two archbishops , and bishops diocesan be so great an oppression ; what would become of us in a presbytery , when we should have popes , in stead of them ? ( one in every parish . ) fifthly , the presbyterial principles are purely iesuitical ; and that would be but the setling of popery under another name . sixthly , we have it upon experiment , that the people will never indure them , nor they the government . to come now to that libel , which bears the title of my lord lucas's speech : the name of that noble lord is onely made use of for a cover to those scandals upon the king , which , to have saved the last drop of bloud in his veins , he would not have been guilty of . it is true , that offence was taken to the liberty of the speech it self , and a censure passed upon it ; but it is not presently for every mutinous incendiary to arraign a proceeding of parliament , and to call it barbarous vsage , with other rude , and very unmannerly expressions , in the preface to the reader . he says that god hath taken him from an ungrateful generation . and he says right in that ; for undoubtedly there never was the fellow of it upon the face of the earth . the kings friends ( who are the onely people oppressed ) they sit still , in hope and patience ; while his enemies that enjoy both the advantage of the others losses , and the reward of their services ; those are the people that complain . this faction , to whom the king hath forgiven his fathers bloud and his own. ( his own , ( i say ) for they that shot at him and mist , are as guilty , as if they had struck him to the heart ; and they that advised it , as those that did the execution . ) these are the people , that in requital for their forfeited lives , liberties , and fortunes , which his majesty frankly gave them , are now laying the same train for this king , by which they ruined the last . the bold indignities of this pamphlet are such , as a loyal subject cannot honestly so much as recite : it is neither better nor worse then a formal charge upon the king in five and twenty articles , dispersed with all the malice , and industry imaginable . the scope of it is to possess the people with an opinion , that the king designs the bringing in of popery , and an arbitrary power ; with an application of several particulars , to those ends. now if these affronts pass , without either punishment , or reply , who can blame the simple multitude , that know nothing more then what they read in a pamphlet , for giving credit to them ? and when they are once tainted with that deadly iealousie , who can blame them again , for doing ill things , that know no better ? the time is almost come , when honest men shall be put to death , and the very murtherers think that they do god good service . this was the mistaken zeal of the late times ; and we are even ready for it once again . the two calumnies whereupon these people lay the greatest stress , are first , a pretended apprehension of an arbitrary power ; and secondly , of an inclination to favour popery . the imputation of any disposition , or design in his majesty that now is , in favour of either tyranny or popery , is so groundless and incredible , to any man that hath but his eyes in his head , that it would not be worth a page of paper , to shew the error of it , were it not that we are delivered up to the delusion of believing things impossible , and discerning things invisible ; and yet as blind as moles , to matters of clear and evident demonstration . with what face can any man pretend an apprehension of tyranny from this prince , whose very mercy and bounty , by the extreme abuse of it , hath created his misfortune . nay , the most spiteful of his enemies cannot but acknowledge that there doth not live any man that hath less of gall and rancour , in his nature : beside the experiment his greatest adversaries have had of his goodness in common with the rest of his subjects , upon the crists of his restauration . for when he might have made himself as absolute as he would ; when he had his foes under his feet ; and some reasons of state , perhaps , to lay a firmer foundation of his future security ; his tenderness of nature did yet so far prevail upon him , above all other considerations , that he quitted all those advantages ; he gave , and forgave all that was possible ; to shew how much he prized a dominion over the hearts of his people , above that of their bodies and estates . touching his affection to the religion of the church of england ; since it hath pleased god in his infinite wisdom to permit , that his majesty should be calumniated upon that point ; it is a singular providence , that this should happen in a iuncture , when the plain matter of fact , and the naked history of his royal proceedings , may suffice to the most prejudicate , and the most obstinate of his enemies , as an unanswerable confutation . it is every day more and more artificially insinuated and improved ; especially since the discovery of the late horrid design , and particularly in the libel last mentioned , as if his majesty were not so careful and zealous for the suppressing and preventing of popery , and for the punishing of delinquents , as is needful for the security of his government . nay , there are some so daring , as to take upon them in hint , and mystery , to intimate the very countenancing of the plot it self . if the proceeding be not altogether so quick and sanguinary as some would have it , we shall onely say this ; that those of all men , have the least colour to complain of his majesties want of rigour , that stand indebted already for their heads , and for their fortunes , unto his grace and mercy . as to his opinion of the church of rome , his majesty hath given the world so many and so ample evidences of his dislike of that communion ; that every mans conscience as well as reason , cannot but discharge him upon that point . it cannot be imagined , that in his late troubles and exile , he wanted either arguments , or solicitations , either in point of state or of religion ; and the most plausible too , that could be found out , to work upon either his conscience , or his necessities : and yet no temptations , either on the one hand , or on the other , had any farther operation upon his majesties iudgment , then by causing a stricter enquiry into the subject in debate , to confirm him still more and more in the truth of his profession . in so much , that in the lowest and most hopeless state of his distresses , he chose rather to abide all extremities , then to depart , in any tittle , from the faith of the reformed communion . now his majesty having given this earnest of his stedfastness to the religion of the church of england during his banishment ; and shewing that neither fear nor despair could shake him in his resolutions ; it were a strange thing for him now to relinquish that cause in opposition to his interest ; which when it might have turned to his temporal advantage , no persecution or flattery could ever prevail upon him to do . i might add to all this , that he hath steered the same course in all his devotions both publique and private , and that the maintainance of this church hath been undeniably the scope of all his deliberations , and councils , in all religious concernments , since his blessed return . but it is not enough , in all cases , for a prince to be tender and innocent , in the matter of religion ; witness the late pious and yet vnfortunate prince . for wheresoever this incantation takes place , the sinews of government are loosened , the sacredness of order dissolved , and all obligations cancelled , as well moral as divine . and not onely so ; but the very shadow and imagination of it , frights people into lakes and precipices , and transports them with panique terrors , into the execution of the very mischiefs they fear . so that his majesty hath two main difficulties to encounter at once : the one to master the plot it self ; the other to temper and sweeten the passions of men , zealous in the contrary extreme : that no inconvenience may arise from their misapprehension of things another way . according to these measures , his majesty hath governed his course throughout the whole tract of this affair ; leaving no means unattempted , that might probably give light to the bottom of this tragical design : he hath given all sorts of encouragement to informations , by countenance , protection , and reward : the depositions have been formally taken before his majesty , and his privy council ; and the evidences strictly weighed and examined ; and from thence afterward heartily recommended , and faithfully transmitted to the two houses of parliament ; as the most rational method , for the common satisfaction both of king and people . neither hath his majesty been wanting on his own part in a vigorous concurrence with the two houses , to do all that in him lay , toward the suppressing of popery , the seizing and securing of popish recusants ; and providing more effectually , by the best means that could be devised , for the maintainance and establishment of our religion : having issued out divers proclamations , and done several other publique acts , upon the motion and advice of his two houses of parliament , to the ends aforesaid ; even to the taking away from the popish lords their ancient right of session in the house of peers ; and disabling all papists whatsoever , to all purposes whatsoever , from any advantages in the government . and if it be not yet enough , that in this dangerous juncture , his majesty hath walked hand in hand , and kept pace with his two houses of parliament ; it may be justly affirmed , that he hath in some degree even supererogated in this matter ; and added an excess of affection to the conscientious discharge of his princely care and function . of this , we might give several instances ; but one shall serve for all , in his majesties speech to both houses of parliament , on saturday nov. . . where he quickens the two houses themselves , in these words ; i do desire you ( saith his majesty ) to think on some ready means for conviction of popish recusants , and to expedite your counsels , that the world may see our vnanimity ; and that i may have the opportunity to let you see how ready i am to do any thing that may give satisfaction . after this demonstrative clearness on his majesties side , let us cast an impartial eye the other way , and so conclude . was not this the very charge upon the late king ? and was there ever any prince that lived more faultless ? was not the care of the protestant religion , pretended ; and was not all religion , in a manner , subverted ? was not the kings honour , and safety , the pretext of a solemn covenant ? and was he not delivered up by the same covenant , to his very executioners ? what a clamour there was about magna charta , the english liberties ; and a reformation , onely of some excrescences ( as they called them ) in the church and state ? and did not this specious flourish conclude in a total extinction of law , freedom , and government ? were not the same arguments used then as now ? are not the same artifices of libelling authority practised now , which were then ? and are not the people poisoned the same way this year , that they were the last ? in short ; is not high-gate the way to st-albans still ? so certainly are we now running the same stage over again . was there not a time when st. pauls was turned into a garrison ? when apprentices cancelled their own indentures , and had them renewed again by an ordinance ? when for fear of red-coats in the clouds , the credulous multitude brought them , like aegyptian plagues , into their very pots and dishes . oh! but do you think ( they cry ) that these godly people will ever touch the king ? how many well meaning people thought the same thing before , and yet contributed to the destroying of their soveraign ; not knowing what they did . be not deluded . immediately after the sending of what is above-written , to the press , comes out a pamphlet , entitled englands safety , or the two vnanimous votes of the last good parliament , concerning the d. of york being a papist , &c. i have so great a reverence , as well for the honour of the constitution of parliaments , as for the personal loyalty of the members of our late great representative , that i cannot but take notice of the abuse , which is first , put upon that illustrious convention it self ; and afterward , upon the people , in this libel . it makes the house of commons to be the parliament : but neither did those worthy gentlemen claim to themselves a full parliamentary power , to the exclusion of any other legal and essential concurrence : nor will they take it well to be so much mis-represented . and then , it is as great an abuse , on the other hand , to the whole nation : for if this opinion be swallowed once , the people will be apt to take ordinances again , for laws . so that the title is in a great mistake upon that point : and now that the reader may not incur almost as great a one , on the other hand , in another ; lei it be observed that the woman in whose name this pamphlet is published , is so far from being a well-willer to the kings person , or government , that from the time of his majesties restauration , it hath been her constant business to promote all spiteful and scandalous books , and papers , against both church and state. to these pretended votes , i can say nothing , whether true , or false ; but this i am sure of , that debates of that solemnity , and importance , ought not to be made publique ; that nothing can be more derogatory to the dignity of that great body ; then ( as the fashion hath been of late ) for every pedant , and mechanique , to set up the trade of teaching parliament-men their lessons . the subject of his royal highnesses's succession to the crown , is made the common theme of the press : and i do not presume to reason the matter , either pro or con , as it is a case out of my province : but still i am at liberty to assert the duty of a free-born , and of a faithful subject ; and to affirm , that i have not found any one argument in any of these libels , which in a natural consequence does not likewise reach the king : whom god preserve , and in mercy keep all his subjects in due obedience . the end . advertisement . the history of the plot : or a brief and historical account of the charge and defence of edward coleman esq : of ireland , grove , and pickering : of green , berry , and hill : of whitebread , harcourt , fenwick , gavan , and turner : of richard langhorn esq : of sir george wakeman , marshal , rumly , and corker . not omitting any one material passage in the whole proceeding . compiled by roger l'estrange : and printed for richard tonson , within grayes-inn gate , next the lane. price s. d. <?xml-stylesheet href='xml htm.xsl' type='text/xsl'?> <?xml version=' . 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-a- " xml:id="a - -a- -n"> <label>a - -a- </label> <sic>hibl●</sic> <seg>obron his royall progresse makes , to</seg> <corr>hibla</corr> <seg>, where he gives , and takes presents ,</seg> </note> <note target="a - -a- " xml:id="a - -a- -n"> <label>a - -a- </label> <sic>daffa downe</sic> <seg>bowers , with violets , roses , eglantine ,</seg> <corr>daffadowne</corr> <seg>, and blew columbine , hath forth the bosome</seg> </note> </div> </back> </text> </tei> die martis, [o] aprilis, . resolved by the parliament, that the arms of the late king be taken down in all ships of and belonging to the commonwealth; ... england and wales. parliament. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) die martis, [o] aprilis, . resolved by the parliament, that the arms of the late king be taken down in all ships of and belonging to the commonwealth; ... england and wales. parliament. sheet ([ ] p.) printed by edward husband and john field, printers to the parliament of england, london : . title from caption title and first lines of text. order to print signed: hen: scobell, cleric. parliamenti. the bracketed "o" in title is in superscript on t.p. annotation on thomason copy: "may. ". reproduction of the original in the british library. eng great britain -- history -- commonwealth and protectorate - -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no die martis, ⁰ aprilis, . resolved by the parliament, that the arms of the late king be taken down in all ships of and belonging to the england and wales. parliament. a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion blazon or coat of arms die martis , o aprilis , . resolved by the parliament , that the arms of the late king be taken down in all ships of and belonging to the commonwealth ; as also of all merchants or others inhabiting within the same ; and that the generals at sea be required to see the same done accordingly . resolved by the parliament , that all justices of the peace in the respective counties , and all other publique magistrates and officers , church-wardens , and vvardens of companies , be authorized and required to cause the arms of the late king to be taken down and defaced , in all churches , chappels , and all other publique places within england and wales , and town of berwick . ordered by the parliament , that these votes be forthwith printed and published . hen : scobell , cleric . parliamenti . london , printed by edward husband and john field , printers to the parliament of england , . englands wants, or, several proposals probably beneficial for england humbly offered to the consideration of all good patriots in both houses of parliament / by a true lover of his country. chamberlayne, edward, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing c estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) englands wants, or, several proposals probably beneficial for england humbly offered to the consideration of all good patriots in both houses of parliament / by a true lover of his country. chamberlayne, edward, - . p. printed for jo. martyn, london : . reproduction of original in the cambridge university library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng taxation -- great britain. great britain -- politics and government -- - . great britain -- economic policy. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - judith siefring sampled and proofread - judith siefring text and markup reviewed and edited - pfs batch review (qc) and xml conversion englands wants : or several proposals probably beneficial for england , humbly offered to the consideration of all good patriots in both houses of parliament . by a true lover of his country . london , printed for jo. martyn , . englands wants : or , several proposals probably beneficial for england , humbly offered to the consideration of all good patriots in both houses of parliament . although the kingdom of england doth abound with many blessings , which other nations want , yet doth it want many which others enjoy . it is recorded , that an eminent foreign ambassador , after a long residence in england , sayling homeward , did cast his eye back upon this land , and said in his own language , o isola felicissima , &c. the happyest country upon the face of the earth , did it not want publick spirits amongst them . the want of publick spirits hath occasioned the want of many publick works of peity and charity , works necessary or commodious for the people , or of ornament for the kingdom . i. to supply this want , that ( by such easie wayes and means as are hereafter mentioned ) there may be raised a publick stock to be put into the hands of commissioners nominated by both houses of parliament , approved by the king , and accountable to them for the same . ii. for raising such publick stock , it is proposed first , that , according to the practice of neighbour nations , upon all such commodities as occasion either excess or luxury , wantonness , idleness , pride , or corruption of manners , there may be laid a large impost : as upon all wines , all strong drinks , tobacco , coffee , chocolatte , sugars , spices , plums , all sorts of sweet-meats , oranges , &c. upon all silks , laces , ribbons , jewels , feathers , perruques , fringes , &c. upon all fine linnens , camolets ; upon cards , dice , tables , bouls , &c. upon all coaches , chariots , litters , sedans ▪ upon all pictures , perfumes , paints for the face , &c. moreover a third part of all the gettings of comedians , ropedancers , mountebanks , lotteryes , shewes , &c. iii. that ( according to the practice of the primitive christians , whose devotion was such that they thought no testament well made , unless some considerable portion was thereby added to christs patrimony ) that no testament henceforth should be valid unless a th part of the legacies were given to these after-named publick and pious uses . iv. that for these uses there may be reserved ( as was anciently practised in the roman state ) a tenth part of the profit of all lands given by the husband to the wife , or coming from the wife to the husband , there being no issue between them alive . v. that a th part of all things recovered by law may be ( as once among the romans ) assigned for publick usses . vi. that there be paid out of all marriage portions six pence in the pound , and something proportionably paid at the death and birth of every person not living on almes . vii . that every one to be made free of a trade , or licenced to practice in law or physick may pay proportionably to these publick uses . viii . that all contracts in writing , all decrees , judgments , &c. may have a small seal on the top ( as is practised in divers other countreys ) for which a smal tax to be paid , &c. ix . that in all churches ( as in holland ) at every solemn assembly , the churchwardens with a long staff , bag and bell during the sermon , receive the charitable benevolence of the whole congregation , where every person that desires to honour god ( not onely with his soul and body , but ) with his substance ( as god commands , and the primitive christians punctually observed at their church-meetings ) throwing in but his mite , it is incredible ( by this constant course at every assembly ) to what a sum it will amount in one year . now the moneys of this publick stock may be employed in these publick uses following ; x. for building work-houses in all convenient parts of this kingdom , for making rivers navigable , for building or repairing bridges , highways , sea-banks , havens , moles , land-marks , aquaeducts for setting up poor youths after an apprentiship served ; for marrying poor maids , for relief of aged , impotent , decayed people ; for maintenance of sick and maimed souldiers ; for redemption and relief of captives and slaves in turky ; for building and repairing of churches , whereof there is great want in this kingdom , more especially in the suburbs of london , where not a fourth part of the parishioners can at once enter into their parish church , at least not well hear divine service , to the great shame of the protestant professors , who since the reformation have ( as our adversaries observe ) erected scarce one considerable solid structure for the worship of god. for repairing the mother-church of the mother-city of this kingdom , to the glory of god and honor of this nation ; for the speedy promoting whereof , both king and parliament , city and country , clergy and laity , high and low stand all engaged to lend their helping hands . for erecting in london and other great cities banks or mounts or piety , ( as have been long used in italy , in flanders and other countreys , ) whereby the intollerable oppression of publique and private brokers and pawn-takes ( that grinde the faces of the poor , scruing out of them or per cent. ) may be utterly abolisht . for erecting hospitals in london and other citys ( as there is at paris and rome ) for to receive all little infants exposed or found ; whereby many poor innocents destroyed in the womb , or at the birth , might be preserved from murder , as well as the unnatural mothers from hanging . for building of hospitals to accommodate therein all poor women ( as is done at paris ) neer the time of their travel , to enter and there to be carefully delivered , and remain afterwards till they are in a condition to return home and follow their work . for providing stipends for physicians , surgeons and apothecaries ( as at rome ) to give gratis their advice , pains , medicines and salves to poor sick or wounded people , allowed in forma pauperis to require their assistance , who otherwise perish for want of timely and due helps . for erecting colledges in london ( as is done in holland ) where old men deprived of wife and children may for a reasonable sum of money be neatly accomodated during life , with diet and lodging , and pass the rest of their days without care or trouble in a comfortable society with men of like condition and age . and the like for old women . for erecting colledges wherein virgins and widows of the protestant religion , resolving not to marry ( as the begains in holland , brabant , flanders , &c. ) may for a certain summe of money deposed , be maintained , and live in a retired vertuous and religious society ; their teaching and educating in vertue and piety the female youth of this nation ( whereof there is now more need then ever ) and such young virgin-scholars may there remain constantly till their marriage day , before which time very many by too much liberty are now corrupted and debauched : and that the said virgins and widows of the society , may ( with the forfeiture of the said money deposed , and leave of their visitor ) be free to alter their resolutions , and quit the society . for erecting in london a colledge de propaganda fide ( as our adversaries have done at rome ) for propagating the christian reformed religion amongst the americans bordering on the english plantations , ( where it is shame to this nation , that so few in the space of so many years have been converted to christianity ) and for that end to send from time to time persons fitly gifted for a work so transcendently pious : and because many excelling in the gift of preaching , being now for their nonconformity laid aside , do secretly occasion unlawful conventicles , foment schisms , and hold up the faction , and thereby hazard the disturbance of this church and state , that all they ( not dissenting from the doctrine of the english church ) may be encouraged by competent allowances out of the said publique stock , or commanded to transport themselves thither within the space of one or two years . for buying in of impropriations ( a work not only worthy of a parliament , but to the doing whereof , all the parliaments since . h. . stand obnoxious ( saith the learned bacon ) and bound in conscience to god ) whereby the church might enjoy her own again , the kings revenue much encreased by tenths and first-fruits , and the cures of all those great and populous parishes hitherto starved for want of spiritual food be duely served , and the foule guilt of that abominable sin of sacriledge taken off this nation , and off the protestant religion . provided , that no impropriator shall take above or years purchase for any impropriated tythes , as the custom usually hath been . for making some competent provision ( according to the practice of other reformed churches ) for the poor widows and orphans of clergy-men , of whom god took special care in the jewish commonwealth , the sons there being to inherit their fathers places , and the daughters to be match'd aswell as their mothers : or else , as in other christian churches , utterly to forbid marriage to all that shall be in orders . some other chargeable proposals probably beneficial to this nation , might be hereunto added by such as have made it their business to observe this and other civil governments beyond the seas ; also some other ways and means of raising moneys without grieving the people , which is the quintescence of all state-policy ; but let those be reserved for another occasion . hereafter follow divers unchargeable proposals that will require no cost or charges , but only the humble petition of the two houses of parliament , and his majesties royal assent . xi . it is an ancient maxime : interest reip. ut resua quisque bene utatur ; it is the interest of the common-wealth , that every subject should make a right use of his own estate : wherefore amongst the fundamental laws of the romans , those laws of the twelve tables , ( observed by them almost as sacredly as the two tables or ten commandments by the jews ) it is especially provided , that a guardian should be set over the person and estate , not only of mad-men , but of all prodigal persons : this law hath been derived from them to all our neighbour-nations , and enjoyed by them ever since they enjoyed civility , even to this very day . to england only this law is wanting , not that england is without such unreasonable creatures ; for it hath been observed that the english nation is naturally as much addicted to prodigality as any nation in europe ; the sad effects whereof are every day before our eyes ; wives that have brought great estates , left poor needy widows ; children of noble and illustrious families , brought to a morsel of bread , and to do base ignominious things , unworthy of their noble ancestors , and dishonourable to the very degrees of honour which their fathers purchased by their merit , and maintained by their laudable frugality . where this fore-mentioned law is in use , the prodigal person is thus defined [ is qui neque modum neque finem habet in expensis ] . any man being proved to be such is declared uncapable of managing his own estate , or of making a will , or of entring into bond , or of being a witness , &c. and thereupon a guardian is put over him and his estate , to allow him necessaries out of his own estate , and to preserve the rest to his next kindred . now the king of england hath his breve de inquirendo de idiota , and his breve de inquirendo de furioso ; and can any solid reason be produced why his majesty should not have also his breve de inquirendo de prodigo directed in like manner to the escheater of the county to be tryed by a jury of twelve men ? that so a general stop may be put to the wild expences and extravagant profuseness of all english men , and more especially ( as in spain , because the nobility is esteemed the chief and main support of monarchy ) that no noble man shall have power to waste or alienate so much of his ancestors lands as may render him uncapable of serving his prince and countrey , or to bear the port of a noble man. xii . there is another maxime [ interest reipub. ut suprema hominum testamenta rata habeantur secundum veram testatoris intentionem ] it concerns the common-wealth , that mens last wills and testaments should be ratified and executed according to the true meaning of the testator ; for this purpose was made the statute of charitable uses of q el. to provide against the imbezilling and mis-imployment of moneys and lands given to charitable uses , by giving power to the bishop and his chancellour , and to some other considerable persons , to issue out commissions for inquiring and ordering the same . nevertheless , by the neglect of some , and want of zeal in others , such commissions are seldome desired , though perhaps not hardly obtained . wherefore that by another statute it may be provided , that every bishop and his chancellour ( together with some other considerable persons , as is intimated in the fore-quoted statute ) within one year after each bishops instalment , shall upon a high penalty purchase and execute such commission throughout his diocess . xiii . that according to the institution of king edward the first , our english justinian , once every three year justices de trail baston may be commissionated to make inquisition through the realm , by the verdict of substantial juries , upon all officers , sheriffs , mayors , justices of peace , coroners , escheators , bayliffs , constables , jaylors , &c. touching their oppressions , extortions , briberies , cheatings ; touching their malegovernment and neglect of executing the good laws respectively . xiv . that the statutes of rich. . and ed. . against the sale of offices , may be revived , that so vertue and wisdom , long experience and honesty , faithfulness and loyalty , may no longer be baffled and discouraged , by seeing it self vilified , and money preponderate all worth , and thereby justice very oft sold , with divers other inconveniences . xv. that provision by a statute be made against that unchristian , and more then barbarous custom and priviledg of wreccum maris , never allowed by the imperial laws , or any neighbour nation , and once banisht out of england by an act made r. . that in case of shipwrack , though all persons perished , yet that all the goods which escaped should be carefully preserved for the owners , or next of kin , if they come within a year and a day ; onely allowing something to those that helpt to save the goods , and preserved them afterwards . xvi . that by a law the fees of lawyers may be regulated according to the moderation of other well policed countreys , where usually is given but a third or fourth part of what is expected in england . and that if any lawyer presume to take more then the fees by law allowed , he may be rendred uncapable to practice any more , and forfeit four-fold of what he hath so taken , as is provided by the civil laws . xvii . that as in the reign of edward the second , the number of attorneys was regulated and declared to be sufficient to serve this whole kingdom ; so now that the number of lawyers and attorneys may be regulated , and some things in their pleadings reformed . what a shame to our nation is it , that so many evil and rapacious lawyers should be permitted to plead in behalf of vitious persons , and of manifest oppressors , and in causes notoriously unjust ; should be permitted to make a trade not to minister justice , but to heap up riches , and devour all the fat of the land. xviii . that provision may be made to mitigate all such laws which by the change of things and times are now become over severe and rigorous , much beyond the intent of the law-makers . as that stealing to the value of d. should still be felony , whereas when that law was first made , what was then sold for d. ( which ( when the ounce of silver was but d. ) was as much as s. now ) is now sold for above s ; for in of k. h. . eight bushels of wheat was then sold but for d ; so that the man that stole but seven bushels committed but petty larceny , whereas now he that steals but a peck may be found guilty of felony ( unless the jury will forswear themselves , as commonly they do , and bring in eleven pence stoln when sometimes it is eleven shillings ) as if the life of man in our days were of a smaller and viler price then in those days . so in the time of h. . the stealing of oxen and horses were counted inter minuta furta , which lawyers call parvum latrocinium , or petty larceny . now why should the body of man , that divinae imaginis vehiculum be destroyed for trifles ? why should christians now be more cruel then the jews , or then christians in former ages ? for in the middle ages of christianity paenarum ratio in multis potius quam in sanguine & necesita fuit . they them allowed a compensation even for killing of a man called wergeld , quasi viri moneta sive praetium , which was with great justice paid partly to the king for the loss of his subject , and partly to the lord whose vassal the slain party was , but especially to the next kindred of the person slain ; and this custom seemed to derive it self from moses law. exod. . . our ancestors in this kingdom before they were christians had this custom , then thinking it against reason , that when one man was killed , and the king thereby had lost a subject , that another should be put to death , and so the king lose another subject , and the kindred of the slain no way recompensed for their loss , as now is used : and after they were converted to christianity , and did believe that penitent christians went to heaven , they thought it more against reason , when a man was slain , to send the penitent man-slayer forthwith from this miserable world to a place of everlasting bliss , but rather that he should by a corporal or pecuniary mulct be made miserable in this life , it being much more suitable to the ends of government , that a criminal should live in perpetual ignominy , slavery or misery , rather then be taken quite away , because a living condemned wretched criminal will be a spectacle in others eyes , will in time be convinced of his crime , will justifie his judg , and continually repent his own folly . and therefore , even since the norman conquest for treason , or foul felonies , the guilty were oft condemned to have their eyes pulled forth , or their testicles cut out , that there might be no more of the breed , or else that their hands or feet should be chopt off , that so each foul felon might remain truncus vivus as a living monument of his felonious fact , for deterring others , and have time to bewail his own sins and misery : but because in england too much severity is used against theft , and yet not enough to restrain it sufficiently ; and because the wisdom of prevention is better then the wisdom of remedy ; xix . that to prevent thievery , the like course may be taken in england which is used in holland , especially in that most populous city of amsterdam , where ( as god commanded the jews deut. . . ) non est indigens , nec mendicus inter illos , & benedicit illis dominus : there is not a beggar amongst so many hundred thousand : to effect which they do three things , they take especial order that all youth be bred up , not onely in the knowledge of god , but of some trade or profession : they provide work for all sorts of people ; and thirdly , they compel all such as are not willing to work . by this policy , in holland it is rate to see an execution for robbery ; and yet if a man could but see at once all the criminals , young and old , male and female that have been hanged in england in one year onely for stealing ; what horror and amazement it would strike , and how would a hollander justly blame the policy of this state , for non minus turpia sunt principi multa supplicia , quam medico multa funera . xx. that for redressing those high crimes ( so accounted by all gods people heretofore , though now in england little conscience is made thereof ) of wilfully robbing god or the king ; the one in his tythes , and the other in his tributes , customs or revenues ; it may be made absolute felony for the future , and very severe punishment inflicted , as it is now in other countreys , and was anciently in this kingdom . to cozen the king but of treasure trove was antiently ( as affirmeth glanvile and bracton ) an offence punisht with death . and of eliz. it was judged meet by the whole parliament to make it felony for any man to embezil but the worth of twenty shillings of the ammunition or victuals provided by the queen for her souldiers . xxi . that , according to the law of god , according to christian clemency , gentleness and mercy , according to the laws of other christian states , and according to the antient laws and customs of this state ; no person hereafter may for any new debt be cast in prison , but rather that his estate may be seized , and the person left at liberty to work himself out of debt by his industry , trade or profession : to which end , if creditors did proceed onely by summons , after which legally served at the debtors house , and no appearance made , then presently proceed to have a judgement against the debtor , as if he had appeared , and then to execution ; and thereupon , to seize not his person but estate ; and in case he hath no estate , yet to forbear , till by his industry he hath gotten somewhat : for imprisonment is not only too severe a punishment of the body , a torment of the mind , a dying daily , a loss of reputation , and alienation of friends , a separation from wife and children ▪ and a great occasion of being ever after debaucht and dishonest ; but it is also clearly against the creditors profit and advantage ; for the debtor being cast in prison , must there lie at much more charges then at home , and yet find less opportunity to work or earn any thing , which makes him commonly hold faster what is in his hands , which else he would have parted with towards the satisfaction of his debts , and endeavoured by his work or trade to have maintained himself and family . besides , by imprisoning the body of a debtor , the state loseth a member , which at liberty , or compelled to work , might be of some use . xxii . that some provision be made ( according as is excellently provided by the civil law ) against that unchristian custome of arresting the body of a deceased debtor , or of any his relations , whilest they accompany the body to the grave . also against that vexatious and superstitious custome of stopping any dead body in its passage through any town or lordship , and demanding some fee or toll for the same , before the body pass further on . xxiii . that the admiralty , and all ecclesiastical and civil law courts may enjoy their due jurisdictions , that those jurisdictions may be declared and known , that so no man ( when he hath brought his suit almost to a tryal ) may by a prohibition be constrained to begin all again in a new court , to his horrible vexation , expences and charges . xxiv . that according to the ancient custom of this and all other christiain states , all ecclesiastical judges may have a power to proceed ex officio ; that way of enquiry being exceeding necessary for correcting of vice and sin which otherwise will daily go unpunished : insomuch that by the civil law it is called nobile judicis officium , and was never opposed but by the factious puritanical part of england , out of design to disturb the english church government ; such enquiry and proceeding ex officio without an accuser , but onely upon publick fame , strong presumption , &c. being approved by sundry examples of scripture , as well as by all canon , civil , and common laws . it is true , that by the constitutions at common law it hath not been held fit that any person should be examined upon oath against himself touching a crime , whereby his life , or any of his limbs may be endangered ; and the reason is , for fear of occasioning perjury , because most men probably would rather hazard an untrue oath , ( although no good christian ought so to do ) then either their lives or their limbs . but yet in criminal matters , not capital , handled in chancery , the oath of the party is required against himself : onely there is an accuser , and an accusation of bill of complaint , and not a meer insinuation of fame , as in the proceeding ex officio sometimes . but then it is to be considered that the complainant , to find out the truth , may stuff his bill full of lyes , because he is not sworn to the truth of the bill , as the defendant is to the truth of his answer ; and what is this less then the proceeding ex officio , when the defendant is forced in his answer ( which is alwayes upon oath ) to accuse himself . besides , in dangerous crimes against the person of the king , or peace of the kingdom , it hath alwayes been held necessary and lawful policy , to torture such persons against whom good probabilities and strong presumptions lie , to make them confess , although it be capital against themselves and others in the highest degree : and is it not of as great equity in high crimes against the king of heaven and earth , and in crimes of no less secresie , as atheism , apostacy , adultery , incest , &c. to use the means of the parties oath , especially where no capital , no corporal punishment is intended , but onely a fatherly and spiritual correcting and reforming of the party for his souls health ? moreover the proceeding ex officio , is not ( as many vainly imagine ) onely the ministring of an oath to the suspected party against himself in a cause criminal ; for there may be proceeding ex officio judicis , though , the oath be not at all urged ; nay , sometimes it may not be urged , as in case of life or limb endangered thereby . now if there should be in england no means for an ecclesiastical judg to take cognizance , nor to proceed but upon the voluntary prosecution and accusation of some party , how many execrable offences most displeasing to god almighty , scandalous to the godly , dangerous to mens inheritances , and to the souls health of the offenders ; yea , some that are the very bane of all religion and christianity , would through want of discovery , and by impunity , in a few years spread themselves over this whole church and state before any accusers will be found ? as atheism , apostacy from christianity , heresie , schisme , errors in matters of religion , sacriledge , perjury , blasphemy , subornation of perjury , swearing , polygamy , adultery , incest , and other uncleanness , drunkenness , excessive usury , symony , forgery , usurpation of the holy ministry , conventicles , ungodly libelling , and many other abuses : for who commonly are privy to such sins , but men of like humour and affection , who can never be presumed to be likely to accuse , but rather to conceal such horrid offenders ; and therefore since that power of thus proceeding was by that most pernicious over-ruling faction in the long parliament extorted from the church ; how have all those formentioned impieties , like a general deluge , overwhelmed the manners of english men ? xxv . that it may by a law be provided ( according to the practice of other well-policed states ) that an obstinate debaucht son may be punisht by the magistrate as the father shall reasonably require , and that in some certain cases , ( as is ordained by the imperial laws ) liberi a potestate patria liberati in potestatem redigantur , ut si fuerint ingrati vel insignitèr injuriosi in parentes suos , &c. xxvi . that no man , til he attain to the age of , ( according to the custom of our southern neighbours where men are sooner ripe ) may be enabled to sell or alienate his lands , considering that in england very many estates have been most foolishly spent and sold , after the age of . which by the same persons , arriving to their wits before . would have been preserved . xxvii . that ( according to the policy of william the conquerour for assuring of peace and concord ) no man of any considerable estate , who was in actual rebellion against the former or present king , may be permitted to match their sons and daughters ( as they now do ) to those of their own tribe and faction , thereby entailing non-conformity and faction , and perpetuating an impious hatred against the present government of church and state. xxviii . that to take off the present continual charge of foot and horse in constant pay , and yet assure peace amongst us , that most excellent and politique law may be revived called visus franci plegii whereby all men under the degree of gentry and clergy , may stand obliged to find suretyes for their loyalty toward the king ; and those suretyes to be bound to find each man of their pledge to be forth coming within days , or else to satisfie for his offence ; and that all persons who cannot find such suretyes , may be imprisoned or banish'd . this custom was by our ancestors so highly approved , that by bracton it is called res quasi sacra quia solam personam regis respicit & introductus fuit pro pace & communi utilitate regni . and in case this should not be assented unto ; then considering that the king must necessarily be at the continual charge of armed men to bridle the proud disloyal humour of all those sons of belial , who obstinately refuse conformity to the government establisht , that they all , in all taxes may be obliged to pay double , if not to defray the whole charges , which they themselves occasion . xxix . that repeal may be made of that unnatural law of punishing the innocent in case he flie : for if a man be accused of a capital crime and perceiving the power and malice of his enemy , and the often , and corruption , and partiality of some judge , should run away for fear of the event , and afterwards be taken and brought to a legal trial , and there making it sufficiently appear that he was not guilty of the crime , is thereof acquitted ; yet shall he be by our law condemned to loose his goods . it is true , that a written law may forbid innocents to fly , but that flying , for fear of injury should ( after a man is absolved of a crime iudicially ) be taken for presumption of guilt , is contrary to the nature of a presumption , which ought to have no place after judgement given . xxx . that for the poor who are ashamed to discover their poverty , and to declare their wants , there may be yearly appointed commissioners or overseers ( according to that excellent custom in holland ) to go to their houses , and there privately to inform themselves of their necessities and condition of life , and to take care for a private relief before they are constrained to beg or do worse . xxxi . that for the great use and benefit of the poor , and the more convenient distribution of the charity of the rich , there may be ( according to the present custom of all other civilized countreys ) coyned by the king ( and not by victualers and retailers ) a sufficient quantity of farthings and half farthings , and those made of such metal that it may be no loss to the king , no profit for others to counterfeit them ; and that they may be made of such a bigness , that they may not be apt to be lost , nor yet burdensom to carry ; all which is done in divers other countreys . xxxii . that according to the wisdom of our ancestors , and the custom of the most civilized nations , some sumptuary laws may be made , whereby the great excess , especially in the inferior sort of english , may be restrained , and most degrees and orders may be discerned by their habit or port , as now in the universities and amongst the clergy is partly done . xxxiii . that as in the courts at westminster , so much more in the highest court of england ; all parliament men whilst they attend on the parliament may be obliged upon high penalties to wear a robe or vestment becoming their respective persons , and the gravity and authority of the english parliament of great counsel of england ( as all the nobility and gentry both young and old who have right to sit in the great counsel at venice , and all the roman senators did antiently and do at this day ) that so they may every where be discerned and receive their due respect , and be ashamed to be seen frequently in play-houses , dicing-houses , cockpits , taverns or houses of worse repute ; or to be night-walkers , &c. and during their attendance on parliament if they be found in such places and ways out of their robe or vestment , then to loose their wonted protection from arrests according to that saying [ god giveth his angels charge over us to keep us , whilst we are in our ways ] but out of our way ; no protection of this angels to be expected . ] let no man here object that parliament men ought rather to wear their swords , which suit not with robes or gowns , because the writ to the sheriff runs for to choose duos milites gladiis cinctos , for the meaning thereof is two knights dubbed , which in those days was done by girding on a sword : but it was ever expected , and sometimes especially commanded that they should attend on parliament a counsel of peace gladiis discincti , and their robes then will be sufficient guard for their persons as well in england , as it is now in other countreys . xxxiv . that as the coins , so the weights and measures both wet and dry may be ( according to magna charta and . edw. . ) exactly alike all over england , as it is carefully provided in other countreys . xxxv . that most , if not all eatable things exposed to sale in the market as well as in shops , may be sold by weight , ( as is done in spain ) and also may weekly or monthly be rated ( as bread in cities ) by the magistrates or officers sworn so to do . xxxvi . that , ( according to the good policy of italy ) all taverns , innes , ale-houses , victualling-houses , may be obliged to have a printed table hang publickly of the prices of all such things as they are wont or allowed to sell to guests . xxxvii . that no vintner , inn-keeper , ale-seller , victualer or malster , may in any corporation be intrusted with the execution of those laws which may any ways prejudice their profit . xxxviii . that to reduce servants to their pristine and due humility , diligence , frugality , faithfulness and obedience , a law be made that no servant shall be henceforth received into any other service without a testimonial under the hands and seals of their former master or mistris , that they are competently endowed with all those qualities forementioned . xxxix . that ( according to the excellent policy of the romans ) there may be appointed some persons of the best rank and quality , both in city and country to censores morum , for reforming of manners , to be furnisht with a power to enquire into mens lives , to take notice if any man neglect his farm , trade or profession ; and how he otherwise maintaineth himself . xl. that special provision be made for executing all our good laws enacted for the encrease of tillage , where more people may be set on work , and they rendred more strong and stout for service of their country against an enemy . and likewise the laws made for encrease of fishing , whereby more people may be fitted for sea-service , whereof this kingdom surrounded almost with the sea will ever have special occasion . xli . that according to the good policy of our ancestors , all the married nobility and gentry of england ( without special leave of his majesty to do otherwise ) may be obliged to keep house in the country , every one at his own manerium , so named , a manendo of abiding there , vt semper presto essent ad servitia regis & patriae per implenda , to be ready there to serve his king and country , and by a laudable hospitality to gain the affections and dependances of the peasantry . xlii . that according to antient canons of the church , and according to divers other reformed churches , and according to the custom of the primitive christians , no dead body may be hereafter interred in any church , especially in london , or the suburbs thereof , but either in some vault or else in the church-yard , or rather in some decent enclosed place without the city . to bury in churches is to the dead but a superstitious custom first brought in by the franciscan and dominican fryars about the year one thousand one hundred , when superstition was almost at the height , invented to get money , perswading the people that to be buried within the church , or near the high altar was more availeable to their souls : and to the living it is not onely chargeable but most unwholesome , that so many putrified carcasses should be so near under their noses all the time of their devotion . xliii . that as all clergy-men are by common law exempted from all inferior offices , as bailiff , bedel , constable , &c. to serve neither per se nec per alium , to the end that they may attend their function ; so that they may ( according to meer reason , and according to a statute . h. num . . in the unprinted parliament rolls ) be exempted from arraying and mustring of men or horse for the war : for their glebe lands , and spiritual revenues being held in pura & perpetua eleemosyna . i. e. in frank almoyne , ought by magna charta to be exempted from all such burthens . and as for their persons , they serve their countrey otherwise , and for that service ought to be counted worthy ( as well , if not better then the levites of old ) of their spiritual profits and revenues , and also worthy of the kings protection , not only for their service , but also in that they pay to the king the first years profits , and every year the tenth of all spiritual benefices . besides the clergy being by their function prohibited to wear swords , may neither serve in person , nor can be capable of any honour , as knighthood usually conferred on warriours . xliv . that as nullum tempus occurrit regi , no custom nor prescription may be pleaded to the prejudice of the king ; so also with much more reason , that no custom nor prescription may be pleaded to the prejudice of the king of kings : that all compositions or customs of paying a little money for a great tythe may be every where abrogated , and all tythes taken again in kind , or a new composition according to the present value , which is but justice and more concerns this parliament to do for the church then it concerned the parliament of eliz. to do for colledges by obliging their tenants to pay onethird part of their old rent in corn. xlv . that all lands antiently belonging to the knights , templars , hospitallers , of st. john of jerusalem , or to the order of cistercian monks , which by popish dispensation were antiently exempted from paying tythes , may de novo be obliged as all other lands in england to pay tythes ; at least all those lands given to those orders since the time they were so exempted , as by all law and justice they ought to do . xlvi . that our ecclesiastical officers , as chancellours , commissaries , officials , &c. may be in holy orders as the canonists and modern legists in the romish church , are for the most part ; that so neither the romanists on one hand , nor presbiterians on the other , may have so much reason to except against them in the matter of excommunication , as executed by lay hands : vtcunque illi non assumunt clavium potestatem sed tantummodo poenam canonis declarant & infligunt ob contumaciam . xlvii . that registers may be setled in every hundred , or in every county at least , and all lands and houses may be entred into that book , and therein all alienations to be set down in alphabetical order , and none to be authentick if not there entred , that so no man hereafter may be cheated by a premorgage or any other way , but that all men may be satisfied in what they possess , and what they may call their own . xlviii . that as among the jews whereby immediate divine appointment , the chief clergy man aaron was brother to the supream magistrate moses and the priests , and the levites were all of noble stock : and as amongst christians even here in england antiently , and at this day in forreign christian states , the chief clergy have been oft of noble and sometimes royal bloud , and the ordinary priests usually sons of the gentry , whereby they come to be more highly honoured , and their just authority better obeyed ; so now in england , that the two archbishops may be ( if possible ) of the highest , noble ( if not royal ) bloud of england , and all the bishops of noble bloud , and the inferior priests , sons of the gentry , and not ( after the example of that wicked rebel jeroboam , and our late republicans ) to make priests of the lowest of the people , whilst physick and law , professions inferior to divinity , are generally embraced by gentlemen , and sometimes by persons nobly descended , and preferred much above the divines profession . xlix . that as in the universities , all heads of colledges ( if their founders intentions were rightly observed ) and all fellows of colledges are obliged communi jure so long as they hold those places to abstain from marriage and the carnal knowledge of women , so in the church , that not only archbishops and bishops , but all others that take any ecclesiastical benefice , may by a statute be obliged so long as they hold those benefices to abstain in like manner ; and as without a dispensation no man can hold two benefices with cure of souls , so no beneficed man should take a wife without either dispensation ( in some few cases to be allowed ) or resigning his benefice . to say they cannot abstain , or shall be occasioned for want of wives to do worse ; all fellows of colledges , who commonly there pass the very heat of their youth , might with much more reason plead the same , and yet would be derided for their pains . by which abstinance the clergy would be enabled to be much more hospitable and charitable , and so better beloved , they would live with more gravity and decency , and so more feared , they might then far better attend their studies and cure of souls , and so be able to give up a better account at last . l. that , according to the good policy of q. elizabeth , the chancellours or vice-chancellours of both our universities may be obliged to deliver the king every fourth of fifth year a just , true and impartial list of all the eminent and hopeful students , especially those of the civil law , to set down punctually their names , colledges , standings and faculty , wherein they did or were likely to excel ; that so when any occasion should be to send an ambassadour abroad , the king might nominate him an associate , a secrecary or chaplain ; and when any preferment fit for persons of an accademical education should fall , the king might make choice of the person . li. that all advousons of england , not now in the crown , may be all bought in at reasonable values , and setled for ever upon the crown , that so all rectors of parishes ( as well as bishops , deans and prebends ) may have their dependance on the kings bounty onely , ( as all the clergy in some reformed churches now have ) and not on any mean , covetous , illiterate , factious , heterodox , symoniacal or sacrilegious patron ; by which one means all the english clergy would soon become loyal and orthodox , of one mind , and of one lip ; the whole english church would flourish in a perfect unity , and a beautiful uniformity , and god would then delight to dwell amongst us , lii . that ( since divers known jews are by his majesties princely clemency permitted again to inhabit in this kingdom ) some good laws ( according to the wisdom of his majesties predecessours , and the present practice of other well-policed christian dominions ) may be enacted in order both to the christians safety , and the jews salvation . it was the ancient law of england , as appears in fleta , that a christian , whether man or woman , that married with a jew , should be burnt alive . in italy , by express law of all jews ( even in those places where they are freely permitted to dwel ) are made uncapable to bear any office or dignity in the state , nor to take any degree in the university , or to be seen in publick without a distinct mark to be discerned from all christians , nor erect any new synagogues , nor circumcise any not born of a jew , nor take to wife a christian , nor impugne the christian doctrine , nor to take into their family a christian to serve as a servant , or as a nurse , nor to be admitted a witness against any christian , nor be seen abroad on the day of our saviours passion , nor to take any usury of christians . also that every saturday afternoon , they shall be obliged to send one out of each family of the jews to a christian sermon appointed for them onely , to the end that they may be converted to the christian faith , or at least be convinced of the truth informed of the reasonableness thereof , above and beyond all other religions in the world . liii . that by an act of parliament , or by a canon of the convocation , the computation of the church of england , at present erroneous and defective , may for the future be rendred more regular and perfect . for in the julian or english account , ( by reason of the no allowance made for almost eleven minutes every year since the year of christ . ) the year with all its festivals hath been brought back about ten days , and thereby caused a notable absurdity , more especially in the observation of the feast of easter , ( which for antiquity and authority yeelds not ( as learned christians affirm ) to our sunday or lords day ) for whereas by the primitive institution , after a long and hot contention between the eastern and western churches ; about the time only of observing easter , that feast was at length by decree of a general council ordered to be observed for ever on the sunday following , the first full moon after the vernal equinox , ( and not on the day of the said full moon , as the jews ever have observed their passover ) now according to the church of england , there falls sometimes two full moons between the vernal equinox and easter-day : nay , ( which is too great an absurdity to be suffered in any christian church ) two easters will sometimes be observed in one year , and none in the next . as in this very year of . one easter hath already been observed on the th of april last past , and before our church begins to write . that is to say before the of march next , there will happen another easter , viz. upon the of march next ; and then from the th of march . to the th of march . there will not any easter at all be observed in england , according to the present rule , whereby is guided the english computation . finis . be it ordained by the lords and commons in parliament assembled, that the declaration of the twenty foure of this instant july ... be null and void ... england and wales. parliament. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing e ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) be it ordained by the lords and commons in parliament assembled, that the declaration of the twenty foure of this instant july ... be null and void ... england and wales. parliament. broadside. printed for thomas vere ..., london : . contains two orders, the first is dated "die lune, julii, "; the second is dated the same and begins, "be it ordered and ordained by the lords and commons in parliament assembled, that the ordinance of the of this instant iuly, for the setting of the militia of the city of london ..." reproduction of the original in the harvard university library. eng great britain -- history -- civil war, - . great britain -- politics and government -- - . a r (wing e ). civilwar no be it ordained by the lords and commons in parliament assembled, that the declaration of the twenty foure of this instant july ... be null a england and wales. parliament a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion die lune . julii . be it ordained by the lords and commons in parliament assembled , that the declaration of the twenty foure of this instant july , which declares all those traytors , and so to forfeit life and estate , who shall after publication thereof , act thereupon to get subscriptions , be null and void , any thing in the said declaration to the contrary notwithstanding . joh. browne cler. parliamentorum . hen. elsynge cler parl. dom. com. die lune . julii . be it ordered and ordained by the lords and commons in parliament assembled , that the ordinance of the . of this instant july for the setling of the militia of the city of london be and shall be hereby revoked and made void to all intents and purposes ; and that the said ordinance of the fourth of may . for the said militia of london be in full force and vertue , any thing in the said ordinance of the . instant , to the contrary notwithstanding . joh. browne cler. parliamentorum . hen. elsyuge cler. parl. dom. london printed for thomas vere , in the old-baley . . mercurius publicus: comprising the sum of forraign intelligence ...[no. ( june- june )] mercurius publicus (london, england : ) this text is an enriched version of the tcp digital transcription a of text in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a thomason e _ ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]; :e [ ]; :e [ ]; :e [ ]; :e [ ], etc) mercurius publicus: comprising the sum of forraign intelligence ...[no. ( june- june )] mercurius publicus (london, england : ) muddiman, henry, fl. - , editor. dury, giles editor. newcomb, thomas, d. or , publisher. v. began with numb. ( dec. - jan. ); ceased with numb. ( - aug. ). printed by tho. newcomb, london : title from caption. subtitle varies: , "... comprising the sum of forraign intelligence"; - , "... comprising the sum of all affairs now in agitation." by henry muddiman and giles dury. cf. nelson and seccombe. printed variously by: john macock, thomas newcomb, richard hodgkinson, d. maxwell, peter lillicrap, james cottrell. description based on: numb. . numb. ( - oct. ) is a second copy of the parliamentary intelligencer for those dates, mistakenly titled mercurius publicus. thomason collection does not have complete run. reels listed in chronological order of serial publication; holdings dispersed throughout collection. reproduction of the originals in the british library. enumeration begins again at numb. annually. no issue numbered in , no issue numbered in ; chronology is continuous. eng great britain -- politics and government -- - -- periodicals. great britain -- history -- charles ii, - -- periodicals. europe -- history -- - -- periodicals. a (thomason e _ ). civilwar no mercurius publicus: comprising the sum of forraign intelligence ... [no. ( june- june )]. anon. f the rate of defects per , words puts this text in the f category of texts with or more defects per , words. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - ali jakobson sampled and proofread - ali jakobson text and markup reviewed and edited - pfs batch review (qc) and xml conversion numb. . mercurius publicus : comprising the sum of forraign intelligence ; with the affairs now in agitation in england , scotland , and ireland . for information of the people . published by order of the council of state . from thursday june to thursday june . . naples , may . . don emanuel caraffa , field-marshal-general of the n●apolitan foot , hath mustered his men this week , in order to ship them away upon the prince of montosarchio , being designed for the service against portugal . in consequence of the peace betwixt the two crowns , our viceroy hath set at liberty all the french that were prisonere of war in several places of this kingdome , and hath so favourably used them , that they have reason to be very well satisfied of him . rome , may ● . . the instant , the pope came again hither from castel gandolphe , and the next day , being the white-sunday , he held chappel at the quirinal , where the mass was sung by the cardinal barbarin . venice the same date . by the letters from our fleet , we have no confirmation of the reducing of the isle of negroponte , but they say only that seignior bembo , the general of candia , hath sent thither four ships , with some companies of souldiers , to hasten the taking of the same . a great quantity of bisket is preparing here for the forces that are to pass from provence into candia for the service of the republick . vienna the same date . the emperour having received the confirmation from his ministers in prussia , of the subscribing of the treaty of oliva , hath sent advice thereof to all the princes of the empire . he hath likewise dispatched two expresses , the one to the grand seignior , and the other to the bashaw of offen , to complain of the hostilities exercised by the turks in hungary , enquire into their design , and declare unto the said bashaw , that unless he will speedily draw off his army , his imperial majesty will endeavour with his own to force him out . in the mean while , the turks continuing their devastations in the country , order hath been sent to the general of the imperial forces quartered about cassubia , to be ready to march , and in case of need to joyn with prince ragotzky , to whom a gentleman hath been also sent , to con●ult with him about the means how to make a stout resistance to those infidels , and hinder them for the future to make any irruption into hungary , whither the horses lately come from bohemia have been sent , for the use of the artillery . rome , may . . the pope is returned hither from castel gandolphe in much better health , then he was gone from hence , yea , and is now better then he hath been in a long time . the french here are very much displeased at the design which he shews to have to transfer the chappel which the colledge of the cardinals holdeth every year in the church of st. ives , to that of the sapience . the queen of sweden hath sent already part of her retinue , and is to follow shortly . stetin , may . . the swedish commissioners in prussia having sent advice to the governour of wismar of the conclusion of the treaty of oliva , he caused the same to be published in the said town , together with the cessation of arms , which is also very punctually observed by the imperialists ; and yet general wurts our governour hath lately caused much cattel to be carried away by his men out of the lower pomerania . flensburgh , may . . the danes do still very much annoy the town of tonningen , having yet lately burned two fire-houses thereabouts , because the inhabitants had with their canon forced two ships to retire , which general eberstein had caused to come neer the place to block it the straighter ; and unless the commiss●rie●a● gluckstad , where they are still assembled , do speedily agree , it is feared they will come to greater hostilities . lubeck , iune . . the of the last , the governour of wismat having shipped eight hundred men , they landed in the isle of fameren , which is divided from holstein by a small arm of sea , and having chased some danish horse , and forced the foot to run to their forts , they begun to plunder the travellers ; but an imperialist captain , with the militia he could gather coming upon the swedes , they retired in such haste , that they could not secure their booty . it is feared that irruption may cause some obstruction in the treaty between swedeland and denmark , the ratification whereof was expected . genoa , may . . a ship arrived this week from lisbone , doth confirm the great preparations that are now making in portugal against the spaniards , and that they were working with great assiduity about the fortifications of the said lisbone , as well as of evora , villa viciosa , and other places upon the ●iver guadiana . turin , iune . . their royal highnesses have made choice of the count of ●a trinite to go and complement the duke and the dutchess of parma , who as we heard from thence lately , were preparing to go and assist at the christening of the duke of modena's son , who was lately present incognito with his brother prince almeric , to all the rejoycing made in the said place of parma . the forces which our prince is to afford to the republick of venice , are to go march very suddenly , expecting only the commissary that is to come from thence with the necessary ●●rks and provisions ; but not above three troops of ho●●e , each of fifty men , could be made up of the ten that were remaining on foot , the rest having been disbanded , upon their refusal to serve in candia , whither they were designed . ierpignan the same date . yesterday , the kings order for the restitution of boses , cap de quieres , sean d' urgel , and belvore , arrived here . the subjects shall remain in the boussillon , where the bishop of orange , and don michel salva● , the spanish commissioners are expected , for the regulating of the limits of cerdagne , and of the villages that are to remain to the french . aix , iune . . the third squadion of ships going to the assistance of the venetians , is ready to set forth to sea , with the rest of the supplies prepared for them , being of seven or eight hundred men . the duke of merco●ur hath sent a gentleman in the kings name to tunis , to demand the liberty of the french slaves there . he took occasion for that , of favourable conjuncture of our ships upon the mediterranean , who do much alarum the said tunis , and it is thought that consideration will induce those infidels to release them sooner then otherwise they would have done . thursday , iune at the house of lords . the house this day read several private petitions , and referred them to a committee : they had likewise under their consideration several things belonging to his majestie revenue . at the house of commons . the petitions of bulstrode whitlock , and sir robert reynolds , were this day read . the whole election for the borough of wilton in the county of wilts , upon report made , was voted void , and new writs were thereupon ordered to be issued forth for a new election there . res . that daniel axtell be one of the twenty to be excepted out of the general act of indempnity and oblivion , to suffer such pains , penalties , and forfeitures , not extending to life , as shall be inflicted on him by an act hereafter to be made for that purpose . friday : at the house of lords . this day the lord purbeck , by virtue of an order of this house , was taken into the custody of the black rod . at the house of commons . the house ordered two bills to be brought in for the continuing of the customes and excise for six moneths longer , to commence from midsummer next . the house upon a former information of certain words pretended to be spoken by col. white , in relation to the death of his late majesty of blessed memory , referred the same to be examined by a committee , and the examinations being this day reported , it was resolved , that the said col. white was not in the least guilty of speaking any such words as were laid to his charge . mr. speaker acquainted the house that alderman pennington , one of his late majesties tryers , had rendred himself to him according to his majesties proclamation , and that he had put him into the custody of the serjeant at arms , till the pleasure of the house was further known ; whereupon the houie approved of it , and ordered him still to remain in custody . the question being put whether major general butler should be one of the twenty to be excepted out of the act of indempnity and oblivioe , &c. it was carried in the negative . resolved , that iohn blackwell , late treasurer of war , be one of the twenty to be excepted out of the general act of pardon and oblivion , to suffer such pains , penalties , and forfeitures , not extending to life , as shall be inflicted on him by an act hereafter to be made to that purpose . saturday . at the house of lords . the lord p●rbeck was this day brought to the bar of the house by the b●k rod , who ●r●●h him still in custody . at the house of commons . resolved , that his majesty be humbly moved to call in milton's two books , and iohn goodwins , and order them to be burnt by the common hangman . that the attorney general do proceed against them by indictment , or otherwise . mr. speaker informed the house that alderman tichbourn , colonel george fleetwood , and colonel temple , three of the judges of his late majesty , had rendred themselves to him , and that he had put them into the custody of the serjeant at arms , till the pleasure of the house was further known , whereupon the house approved of their commitment , and ordered them still to remain in custody . the house resumed the debate of the act of indempnity and oblivion , and read the petition of frances , wife of iohn lambert , whereupon they ordered , &c. that colonel iohn lambert be one of the twenty to be excepted out of the gener●l act of pardon and oblivion , to suffer such pains , penalties , and forfeitures , not extending to life , as shall be inflicted on him by an act hereafter to be made to that purpose . the question being put , whether alderman christopher pack should be of the twenty to be excepted , &c. it was ordered , that alderman christopher pack be one of the twenty to be excepted out of the general act of pardon . the like order was made concerning serjeant r● . keeble , that he be one of the twenty , &c. whitehall , friday . his majesty set forth a proclamation for recalling all commissions at sea granted out by his majesty , or his royal brother , the duke of york , before the first of may last , willing and commanding every of them to forbear further execution of the said commissions , upon pain of such punishments as may legally be inflicted on pyrates ; and likewise requiring all his subjects imployed in sea affairs by any forreign prince , to repair home to his majesties service . the same day the heads of the university of oxford , with several doctors in ●rler , and many masters of art , were conducted by the earl of southampton ( who by reason of the indisposition of health of the marquess of 〈…〉 , did that civility for them ) and the b●rge●ses se●ving in parliament for the university to his majesty , where doctor conaught the vice-chancellor made a speech to his majesty , after which they had all the honor to kiss his majesties hand . this day also the town of kingston upon h●ll , who as they have not yeilded to any in expressing and sole ●miz●ng among themselves in the best manner their joy upon the several o●casions of the happy return , and the proclaiming of his majesty , so for a further demonstration of their loyalty , duty , and affection to his majesty , did this d●y by the hand of their members in parliament , and some others , persons of quality in that place , who had the honor to be introduced by his excellency , present to his majesty their humble add●es● , in congratulation of that gracious providence by which his majesty hath been restored to his people ; and therewith they tendered also under the seal of their corporation , a release of certain fee-farms there , which being in these times exposed to sale , they had redeemed out of o●her hands fo● twelve hundred pounds , and now joyfu●ly resto●ed them to his majesty , both which were by his majesty gratiously received , and with particular expressions of favour to the said town . on saturday the . his sacred majesty accompanied by his two royal brothers , the d●ke of york , and d●ke of glocester , as also several of the nobility and gentry was pleased to sup with the lord mayor of london at his house . before supper the lord mayor brought to his majesty a napkin dipt in rose-water , and offered it kneeling , with which when his majesty had wip'd his hands , he sat down at a table raised by an ascent , the duke of york on his right hand , and the d●ke of glocester on his left ; they were served with three several courses , at each course the table-cloth was shifted , and at every dish which his majesty , or the dukes casted , the napkins . a● another table in the same room sat hare his excellency the lord general , the duke of buckingham , the marquess of o●mond , the earl of oxford , earl of norwich , earl of saint a●bans lord de la vvare , lord sands lord bercley , and several other of the nobility , with knights and gentlemen of great quality sir john robinson , alderman of london , began an health to his majesty , which was pledged by all at the table standing . his majesty was all the while entertained with variety of m●sick , and one that represented a countryman , with whom his majesty 〈◊〉 to be well pleased . his majesty 〈◊〉 the honor of knighthood on alderman john lawrence , and mr. cutler , two loyal citizens ; the two fi● that his majesty bestowed that honour on in the city of london ; on the latter , as a memorial of his particular favour , he was pleased to bestow his own sword . wednesday , june . the manner of the university of oxford's address to his majesty . the vice-chancellor of the university of oxford came to london with divers doctors , bachelers of divinity , the proctors and masters of arts , with their publick officers to present solemnly the service of that university unto the kings most excellent majesty . they first agreed to meet the next day in the temple-church , about . a clock , whence they went orderly in rank by two and two according to their seniority to essex house , to wait on the most noble marquis of hertford chancellor of the said university ; where order was taken for the manadgement of the address that was to be made to his majesty on the friday . the place thought fittest to put on academical hab●s was derby house , propounded and procured by dr. lewis du moulin , where about three of the clock the said friday met the persons here under named , who went in order with the six squires and yeomen bedels of that university , having their staves and three of them wearing their golden chains , and the verger before them . dr. john conant rector of exeter colledg , vice-chancellor of the university of oxford , and doctor of the chaire or regius professor of theologia there . then two honorable members of parliament were in their cloaks , one at the right hand the other at the left hand of the vice-chancellor , viz. dr. thomas clayton doctor of the chair or regius professor medicinae , and dr. john mills doctor of the civil law and one of the collegiat prebendaries of christ-church , being both burgesses serving in parliament for the university of oxford . dr. edmond staunton president of corpus christi colledge . dr. edward reynolds one of his majesties chaplains and dean of christ-church . dr. henry wilkinson senior , one of the collegiat prebenbaries at christ-church , and publick professor of divinity for the lady margaret in oxford . dr. henry langley one of the collegiat prebendaries of christ-church and master of pembrook colledge . dr. michael roberts sometime principal of jesus colledg ejected by oliver cromwel for his loyalty to his soveraign . dr. henry savadge master of bailiol colledge . dr henry wilkinson junior principal of magdalen hall . dr. john wallis , sir h. savills professor of arithmetick and geometrie , and custos archivorum of the university . dr. seth ward , one of sir henrys professors of astronimie and president of trinity colledge . all these doctors in divinity . next dr. lewis du moulin doctor of physick , professor of historie , son of the famous peter du moulin , dr. jonothan godard doctor of physick , warden of morton colledge , and publick professor of gresham colledge london . dr. ralph bathurst doctor of physick and fellow of trinity colledg . dr. lewis de bourgongne of lambermont doctor of physick . doctor joshua cross doctor of the civil law , fellow of magdalen colledge and publick reader of the natural philosophie lecture in oxford . doctor thomas jones , doctor of the civil law , and fellow of morton colledge . doctor thomas jones doctor of physick fellow of magdalen colledge . doctor 〈◊〉 hodges sometime doctor of physick student of christ church . all the doctors above mentioned were in their scarlet robes , and distinguished by the severall scholastical habits belonging to their faculty . afterwards both the proctors of the vniversity , viz. mr. tanner fellow of new colledge , and mr. dod student of christ church , were in their black gownes and ministers hoods . then followed the batchelers of divinity and masters of arts wearing their gownes , hoods , and caps , according to their degrees about the number of . more or less . these came from chanon-row into whitehall through the garden , the stone gallery , and so passed through the court , the guard chamber , the chamber of presence , and so along to the long gallery towards the park staires , where they made a stop for som considerable time untill they were fairly conducted into the privy gallery , having very cheerfull reception in their passing through the severall guards which were richly furnished with persons of remarkable gallantry . a chaire of state being placed in that same gallery for his majesty , the oxonians staied not long there till they had notice of his majesties coming , the right honorable the earle of southampton supplying the chancellors place ; his majesty being entred , the schollers bowed themselves very low severall times , and at due distance did kneel . when the vice-chancellor was ready to deliver his speech kneeling , his majesty signified to him that he should stand , in which posture he did pronounce his speech in latin , his majesty standing all the time , being attended by the right honorable the marquis of oxmond , the earle of manchester , the lord general monck , and many other persons of honor . the substance of the speech was to acquaint his majesty how highly pleasing to the vniversity his returne to his kingdom was , and that that vniversity having for so long time been honored with his majesties presence , they could not but be more acquainted with his princely vertues and so be more deeply sensible of their and the whole kingdoms sufferings in his so long absence . next he humbly signified to his majesty that the eyes not only of the vniversity but of the whole nation was towards him , wishing his majesty a long and happy reigne , and so to govern , that the land may be preserved and religion established . after the speech ended the vice-chancelor kneeling , presented his majesty with the book of verses of the vniversity of oxford , congratulatinp his majesties returne to vs . the speech being ended his majesty thanked the vice-chancelor , adding that upon all occasions he would protect the vniversities . then was the vice-chancelor , the doctors and all the said schollers admitted to have the honour to kiss his majesties royal hand . after the kings departure from thence , the oxon●a ●s made som stay in the place in expectance of presenting their services unto the most illustrious the dukes of york and glocester , and when the earle of southampton brought notice that the said dukes were not then at court , but were gon abroad to take the aire , that convocation of the vniversity retired themselves in the s●me order from whitehall to derby house againe . advertisements of books newly printed and published . ☞ there is newly come forth a very seasonable and useful piece of primative devotion , in the feasts and fasts of the church of england , consisting of prose , poems , prayers , and sculptures on the several occasions ; dedicated to the king . by edward sparke b. d. and are to be sould ready bound or in quires , by octavian pul●en at the rose , or tho : driver at the bishops-head in st pauls church yard ; as also by edward ecclestone , right against the red cross in sea-cole-lane , and by john h●m●rsham in jerusalem court in fleetstreet , the said books being five shillings in quires● and but of them . the accomplisht courtier : consisting of institutions and examples , by which courtiers and officers of state may square their t●ansactions prudently , and in good order and method . by h. w. gen● . arnaldo , or , the injured lover . an excellent new romance , translated by t sa●usbury gent. the learned man defended and reform'd . a di●course of singular politeness and elocur●on ; and is in opposition to the many enemies learning meets with , especially ignorance and vice . written by p. bartolus , and made english by t. salusbury gent. these three are sold by tho. dring at the george neer s. dunstans church in fleetstreet . samuel in sackcloth : or , a sermon assaying to restrain our bitter animosities , and commending a spirit of moderation , and a right constitution of soul and behaviour towards our brethren . upon sam. . . by s s. sold by henry mortlock at the phenix in s. pauls church-yard . advertisements . gentlemen , you are desired to take notice , that mr. theophilus buckworth who for some years past permitted , and gave directions to his brother mr. edmond buckworth , to make and expose to sale for the publick good , those so famous lozanges or pectorals approved for the cure or consump●ions , coughs , catarrhs , asthma's , hoarsness , strongness of breath , co●●s in general , diseases incident to the lungs , and a soveraign antidote against the plague , and also her contagious diseases , and obstructions of the stomach , doth now himself ( being the au●hor and first co●pou●der of them ) make them at his house on m●le end g●●en and for more conveniency of the p●ople , constan●ly leaveth them se●led up with his coat of arms on the papers with mr. richard ●●wades ( as formerly ) at the sign of the white lion near the little north door of pauls church , mr henry sei●e over against dunstan church in fleetstreet , mr william milward 〈◊〉 we●●minste● hall gate , mr. john place at furnivals-inn gate in h●l●orn , and mr robert h●rn at the turks head near the entrance of the royal exchange booksellers , and no others . this is published to prevent the designs of divers pretenders who counterfeit the said lozenges to the disparagement of the said gentleman , and great abuse of the people . these books following , with several others , w●re la●ely lost from mr. tho. ashton , having his name in them , viz. grotius his ann●tations on the bible , three volum●s , latine , cambdens britannia , english . ma●lorat o● par● of the new testament , latine . thucidides his hist●ry , e●glished by h●●●● bacons advancement to learning , english . flacii clavis scripturae , lat. basil . whateley on genesis , engl. london . willets hexapla on genesis , eng. london . shute's sarah & hagar , eng. lond. dr. clarks sermons , eng. daniels english history , eng. all in folio . piscator on the new testament , o . volumes . the septuagints old testament , o . french bible , o . tombs works , &c. if any one shall give notice of all , or any of them , at the eagle and child in the strand , the party shall be thankfully rewarded for his pains . a white mare somewhat fleabitten , betwixt . and hands high , with a brand-mark two i.i. in pitch , was taken away on tuesday night from about holloway . the person suspected to take her away , was one willam dua , of a ruddy color , flaxen hair , middle-siz'd , of about twenty years of age . if any one bring in the mare , or man , to the red hart in fetter-lane , or to the white lion in islington , he shall receive twenty shilling● for his pains . jvne . strayed out of the grounds near the horse ferry in westminster in the county of middlesex , one white gray gelding about hands high , 〈◊〉 short bob-tall , most of his mane shorn , about years old , both pa●e and trot . whoso shall give notice of him to sir robert pye knight , at his house in s. stevens court neer the new palace in vvestminster aforesaid , shall be well rewarded for their pains . munday , june . this day was published a proclamation of his majesties gracious pardon in pursuance of his majesties former declaration , declaring that his majesty doth graciously accept of the address of the house of commons , wherein th●y did in behalf of themselves , and every of them , and all the commons of england , lay hold upon his majesties free and general pardon , as it was granted in his maj●sties letters and declaration , ( excepting onely such a● should be excepted by parliament ) and will willingly and freely give his royal assent to the act of general pardon when presented to his majesty by the two houses , leaving it to his subjects to sue our part●cular pardons in such manner as they shall think fit ; and to that purpose , appointing the secretaries of sta●e to present war arts for his majesties signature directing the attorney general to prep●re b●lls for pa●ng pardons to such as desire the same : in the issui●g out of which , ●are shall ●e ●aken that no pardon pass to any of the no oa●ous off●nders excepted by pa●●iament . sir henry mildmay pe●i●ioned 〈…〉 , that they would be pleased to dispence wi●h his commitment to the tower : whereupon it was ordered ; that he be committed to the serjeant at arms . a committee was ●ppointed to consider of the impropriations late in the hand of the trust●es for maintenance of ministers , and what is fit to be done in that aff●ir . mr. speak ra●quai●ted the house , that sir john bourchier , col. owen r●e , and col. robert lilburn , three of the judges of his late majesty , had rendred themselves to him , and that he had put them into the custody of the serjeant at arms : which the house approved of . his majesty sent a message in writing to the house , to desire them to hasten the bill of indempnity : whereupon they resu●ed the debate , and resolved , that charles fleetwood , john pyne , maj. creed , john goodwin , ri. dean , philip nye , col. cobbet , be of the twenty to be excepted out of the general act of pardon and indempnity , to suffer such pains , penalties and forfeitures , not extending to li●e , as should be inflicted on them , by an act hereafter to be made for that purpose . resolved , that william hulet and hugh peters be excepted out of the general act of pardon and oblivion . tuesday , june . the speaker made a report to the house , that adrian scroop , augustine g●rla●d , colonel harvy and mr. smith , who sate as judges upon the late king's majesty , had according to the proclamation rendred themselves to 〈◊〉 , and that he had committed them to the sergeant at armes : of which the house approved . the house ordered , that thanks be given to the lord montague , k●ight of the most no●le order of the garter , for the eminent services which he hath perf●rmed to his majesty and the kingdome . o●ered , that colonel john downs , one of the king's judges , seised upon by ord●r from the general , be committed to the sergeant at arms . the house resumed the debate o● the bill of pardon and oblivion , and orde●ed it to be recommitted , and br●ught in again● tomorrow morning . a bill ●e● a longer c●ntinu●tion of customs and ●xcise , w●s read this day the second time ; and upon the deba●● was recommitted . o●dered , that our age and p●unda●e be g●anted to his m●esty during his ●e , and it i● referred to a commit●e● to pr●pare a b●l● accordingly , and , to consider how it m●y be disposed at present till the bill be d●spatched , and the book of rates agreed . a petition of the marchants trading to spaine , was referred to a committee . mr. robert rolles who served in parliament for the borough of kellyton in cornwall , being deceased , the house ordered writs to be issued for a new election of a member to serve in parliament for that borough . wednesday , june . a report being made from the committee for priviledges and elections , concerning truro in oornwal , it was resolved that mr. boscowen is duly elected to serve in parliament for that place . the bill for continuance of the custom and excise was read this day , and referred to a committee who are to consider the qualifications of officers to be imployed in the excise . resolved , that the payment of publique debts contracted from the . of decem●er ● , till the . of february . other then those of the army and navy , be stopp'd till ●urther order . resolved , that l. be charged upon the assessment of l. per mens. to be paid ●o such person or persons as the queens majesty shall appoint for her p●●sent supply . the bill for tunnage and poundage was this day repotted , twice read , and referred to a grand committee . the speaker acquainted the house , that sir hard●ess waller had rendred himself to him ; whereupon it was ordered that the sergeant at arms take him into custody . the speaker informed the house , that he was petitioned by a relation of col. dixwells , that he being sick , and therefore not able to render himself by the time limited in the proclamation , that he might not lose the benefit thereof ; whereupon it was ordered , that upon the surrendring of himself he should not lose the benefit of the proclamation . the speaker acquainted the house , that upon the surrender of henry martin one of the judges of the late king , he had committed him to the serjeant at arms , which the house approved of . resolved , that adrian scroop be discharged from his commitment , upon his engagement to appear when required thereunto . from his excellenies quarters at the cockpit . a commission under the great seal of england impowered dr. mills judge advocate to see that the oath of allegiance and supremacy be taken by all the officers and soldiers about london before him , as also to impower ralph king to see the same done by the officers and soldiers of the army about dublin . on monday a l●tter from liev● . colonel richard yardley to an officer of the ●rmy was communicated to his excellency , conteining the solemnity of proclaiming his majesty in the isle of jersey . his excellency bei●g informed that his savors j●stly bestowed upon dougall mack pherson a scotch g●ntleman , was by some that envied the merit of that person endeavoured to be represented as the reward of some intelligence that should b● given to his excellency by him , or his means , did for the just vindica ●on of the ●aid dougall mack pherson and to stop the mouthes of such slauderous people , give a c●r●ificate under his hand and seal . on tuesday , col. faggs regiment , by his excellencies orders , drew out in s. georges fields , and there took the oath of allegiance and supremacy . his excellency is by the corporation of trinity-house chosen master , and hath appointed sir william batten to be deputy . his excellency hath lately disposed several ●ommands in the army , and g●ve● these ●ommissions following , viz. to the earl of northampton to be 〈◊〉 of the ●egiment late col. lenthals , and to sir tho. sards to be his lieutenant c●l . to the lord fall●land to be colonel of the regiment late col. sanders , and to ble●e●●d morgan to be major . to maj●r jeremiah ha●●i●on to be major in the place of major scot . to major harley to be major instead of major izod of sir anthony ashley ▪ co●pers regiment . sir francis vincent knight and baronet , is made governor of dover-castle . sir richard basset govern●r of ●ardiff . col. freeman governor of tenbigh . col. walter slingsby governor of sandha● castle . major robert holmes governor of vpner castle . col r●bert legge deputy-governor of por●smouth under col norton . capt. john harvey governor of sandgate castle . whitehal . the lord mayor the aldermen , and the common council of the city of london went on monday l●st to whitehal , and being conducted up to the matted gallery , his majesty came to them , where the common serjeant made a speech to his majesty , representing the affection of the city to him , and their humble desire that his majesty would be pleased to honor them with his company at dinner , which his majesty was graciously pleased to accept of , and g●ve to each of them the honor of kissing his majesties hand . the day appointed for that entertainment , is thursday the fifth of july next . the same day , sir james barry accompanied by the commissioners from ireland , delivered hims●lf in a sp●ech to his ●ajesty , wherein he expressed the great so●row and joy of that ●ation : their sorrow for the sufferings and murder of h●s ●a●e ●aj●sty of blessed memory , and their joy for his majesties happy rest●●a●ion ; a●●uring his majesty of the constant loyalty of his subjects in ireland , of which he acquainted his majesty , that the lord broghil , sir charls coote , and sir theophilus jon●s had given such large testimonies by their eminent services for his majesty . at the clause of the speech he presented his ●a●est● with a b●ll of l. accepted by alderman thomas viner , formerly orde●ed to be pres●nted to his majesty by the said convention . his majesty accepted of it gave them thank● for the● loyalty , and an assurance of his majesties favor to that nation , a●ter which , they all kissed his majesties hand . the same day , the ministers and elders of the french , dutch and italian churches , waited upon his majesty at whitehall . mr. stoupe , the minister of the french church , made a speech , to which his majesty made a gracious answer , and gave them assurance of his royal protection . the next day , the said churches waited up●n the dukes of y●rk and glocester , who received them with many expressions of their affection . tuesday last , the earl of pembroke gave a noble entertainment to his majesty ▪ the dukes of york and glocester , at b●inards castle . on tuesday l●st , b●ing the . of this moneth , major hagedot who brought by mr john carew , one of those that sate in judgment upon king charls the first , deliver'd him by old●r of the speaker to the s●rjeant at arms london , printed by john macock and tho : newcomb , . ordered by the lords and commons in parliament assembled that the persons intrusted w[i]th the ordering of the militia of the city of london shall have power to draw the trained bands of the city into such usuall and convenient places within three miles of the said city ... england and wales. parliament. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing e ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) ordered by the lords and commons in parliament assembled that the persons intrusted w[i]th the ordering of the militia of the city of london shall have power to draw the trained bands of the city into such usuall and convenient places within three miles of the said city ... england and wales. parliament. broadside. s.n., [london : ] title from first lines of text. at head of title: die martis maii . signed at end: joh. browne cler. parliam. identified on film as wing e (number cancelled). reproduction of original in the harvard university library. eng great britain -- history -- civil war, - . great britain -- politics and government -- - . a r (wing e ). civilwar no ordered by the lords and commons in parliament assembled that the persons intrusted w[i]th the ordering of the militia of the city of london england and wales. parliament a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion die martis maii . ordered by the lords and commons in parliament assembled ; that the persons intrusted wth the ordering of the militia of the city of london , shall have power to draw the trained bands of the city into such usuall and convenient places within three miles of the said city , as to them from time to time shall seeme fit , for the training and exercising of the souldiers ; and that the said souldiers upon summons shall from time to time appeare and not depart from their colours without the consent of their officers , as they will answer their contempt to the parliament . joh. browne cler. parliam . an ordinance of the lords and commons assembled in parliament, for the punishing of such souldiers as absent themselves from their colours and the army under the command of sir thomas fairfax and all souldiers who are under the command of the said sir thomas fairfax are within six daies after publication hereof to repaire to their colours upon paine of death. england and wales. parliament. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing e a). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e a estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) an ordinance of the lords and commons assembled in parliament, for the punishing of such souldiers as absent themselves from their colours and the army under the command of sir thomas fairfax and all souldiers who are under the command of the said sir thomas fairfax are within six daies after publication hereof to repaire to their colours upon paine of death. england and wales. parliament. broadside. printed for edward husband, london : . imperfect: cropped with slight loss of print. " april, . ordered by the lords and commons assembled in parliament that this ordinance bee forthwith printed and published in all market towns, and parish churches in the severall counties under the power of the parliament. joh. brown cler. parliamentorum." reproduction of original in the harvard university library. eng great britain -- history -- civil war, - . great britain -- politics and government -- - . a r (wing e a). civilwar no an ordinance of the lords and commons assembled in parliament, for the punishing of such souldiers as absent themselves from their colours a england and wales. parliament c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - john pas sampled and proofread - john pas text and markup reviewed and edited - pfs batch review (qc) and xml conversion an ordinance of the lords and commons assembled in parliament , for the punishing of such souldiers as absent themselves from their colours , and the army under the command of sir thomas fairfax . and all souldiers who are under the command of the said sir thomas fairfax , are within six daies after publication hereof , to repaire to their colours upon paine of death . whereas by ordinance of parliament intituled , an ordinance of the lords and commons assembled in parliament , for the speedy raising and impresting of men for the recruiting of the forces under the command of sir thomas fairfax , in the defence of the kingdome . it is ordained ( inter alia ) that the committee of the militia for the city of london , the deputy : lievtenants and committees of parliament , in every county , city , or place within this realme , or any two or more of them , within their severall limits and iurisdictions , shall be and are thereby authorised , required , and injoyned from time to time , to raise , leavy , and impresse such number of souldiers for the defence of the king , parliament , and kingdom , as shall be appointed by both houses of parliament , by the committee of both kingdomes , or by sir thomas fairfax . the said lords and commons for preventing abuses which may happen by the souldiers absenting themselves from their colours and the army , and by the harbouring and concealing of souldiers so raised , leavied , and imprested , as aforesaid , doe therefore order and ordaine , that all souldiers already raised , listed , or imprested , or which hereafter shall be raised , listed or imprested under the command of sir thomas fairfax , shall upon paine of death to bee inflicted without mercy , repaire to their colours within six dayes after publication hereof : and for such as shall be hereafter imprested and listed , within six dayes after their listing ; and constantly abide there , and not depart without licence under the hand of sir thomas fairfax , or of the superiour officer then present of the regiment wherein such souldier or souldiers shall serve . — and ●or the better discovery of all such persons who have beene imprested or listed , as already have , or hereafter shall absent themselves from their colours , the said lords and commons doe hereby require and command all high constables , petty constables , tithingmen , and headboroughs in their severall divisions , hundreds , townes , and parishes , to make strict search and inquiry in the severall houses within their respective limits and parishes , for finding out such souldiers as may be harboured there . and if any souldier or souldiers shall be found remaining in any of the towns and places aforesaid , the high constables and petty constables afore-mentioned , are hereby authorised and required to apprehend their persons , and carry them before such of the deputy-lievtenants , committees of parliament , or iustices of peace as are neerest to the places where they are so apprehended ; who are hereby authorized and required to commit such souldiers to the county-goale , or other prison , and to secure their horses , armes , souldiers clothes , and moneys , if they have any , for the service of the state . and for the preventing the harbouring and concealing any souldier or souldiers , as aforesaid , who shall depart out , or absent himselfe from the said service without licence . it is further ordained and declared , that every towne or parish wherein such souldier or souldiers shall be found to be harboured or concealed , shall forfeit and pay the summe of ten pounds ; and every person harbouring or concealing any souldier or souldiers , as aforesaid , shall pay for every souldier so concealed and harboured forty shillings : all which said sever all summes of money to be forfeited , as aforesaid , shall bee collected , leavied , and paid in such sort , manner , way , and forme , and shall be imployed to the same uses as are prescribed and set downe for leavying of money in the former ordinance of parliament , for railing and maintaining forces for defence of the kingdome , under the command of sir thomas fairfax . and to the intent that all souldiers under the command of the said sir thomas fairfax , and all and every other person and persons concerned in the premises may take notice hereof . it is further ordained , that this present ordinance be forthwith printed , and published in the severall market townes and parish churches of every county within the power of the parliament within six dayes next following the receipt thereof , that none may pretend ignorance of any of the particulars before mentioned . and it is hereby further ordained , that the deputy-lievtenants , committees of parliament , all majors , bailiffs , sheriffs , governours of towns , and iustices of peace of the severall counties , cities , and places within this kingdome , shall take speciall care to put this ordinance in due execution , according to the purport and true meaning thereof . april , . ordered by the lords and commons assembled in parliament , that this ordinance bee forthwith printed , and published in all market towns , and parish churches in the severall counties under the power of the parliament . joh. brown cler. parliamentorum . london , printed for edward husband , . a second dialogue between the pope and a phanatick, concerning affairs in england by the author of the first, who is a hearty lover of his prince and country. hearty lover of his prince and country. approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing f estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a second dialogue between the pope and a phanatick, concerning affairs in england by the author of the first, who is a hearty lover of his prince and country. hearty lover of his prince and country. ferguson, robert, d. . [ ], p. printed for h. jones, london : . attributed by wing to robert ferguson. reproduction of original in harvard university libraries. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng church and state -- england -- anecdotes great britain -- history -- charles ii, - -- anecdotes great britain -- politics and government -- - -- anecdotes - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - melanie sanders sampled and proofread - melanie sanders text and markup reviewed and edited - pfs batch review (qc) and xml conversion a second dialogue between the pope and a phanatick , concerning affairs in england . by the author of the first , who is a hearty lover of his prince and country . london : printed for h. jones , . a second dialogue between the pope and a phanatick . pope . brother , you are welcome to the belveder , we are now in a committee of secresie , and may discourse our thoughts with freedom , without suspicion of a surprize . how stand our affairs in england ? phan. ah , sir ! matters have not succeeded according to my wishes and expectations ; i thought i had been secure of my designs , and this made me act with confidence ; but ah ! — pope . what ? are all our plots and intrigues sham'd into a sigh ? is your tripos himself deceiv'd ? i thought he had been so unerringly skill'd in the arts of undermining , that no government could have escap'd his trains . phan. you know his antient predecessor at delphos was sometimes mistaken , and if our oracle be at present doubtful , 't is according to former precedent , and far from wonder in demonology . i had great hopes that my terrible comet-parliament ( whose rod did far out-stretch the regal scepter ) would have mounted to a higher elevation than charles his wain , and fix'd upon our horizon : but on a sudden the comet , and the parliament , and our hopes dissolv'd together . pope . in my opinion , your blazing commons appear'd with too fiery a tail , and acted with too much openness and effrontery ; there was more capricio than policy in their proceedings . affairs were not ripe enough for their daring adventures ; they drew up propositions , and such bold remonstrances , as if the king had already been their prisoner in the isle of wight . and what a mischief was it to the liberty-keepers of england , to send for gentlemen into custody , by no other warrant , but from will , will ? this was an unlucky indication of the plurality of arbitrary powers , and was as much as to say in our language , sic volumus , sic jubemus . their proceedings being illegal and unwarrantable was their merit , and not their crime ; in my opinion , their onely guilt was the imprudence of a too early vexation , & their being arbitrary somewhat too soon . for i am afraid these frequent hurricanes should impress upon the abhorrers of petitions , an abhorrence of parliaments , and make the people vote , that the commons are the greatest enemies to their own sitting , and give them occasion to resolve , that if they must be slaves , they had better with st. paul be bound with one of caesar's chains , than loaden with irons . remember that you once govern'd the nation by a junto of commons , without a king or house of lords , and if by a too early violence you force the king into extremity , you may give him occasion to govern the realm by a king and house of peers , and , at least , to exclude your members from the commons ; for your continu'd affronts will furnish him with plausible reasons to excuse the model , and justifie such a proceeding . i grant you shew much gallantry , and met with good success in the dayes of charles the first , but i am your elder brother , and have had longer experience in the ruin of empires than your age can pretend to ; therefore it is my counsel , as your friend and brother , that if you be again allow'd the priviledge to choose your representatives , advise them to court the king with fair pretensions and reserv'd compliances , till you can , by great complements and a little money , caress him into an act of oblivion , and when he hath forgot both himself and you , then is the time to remember the good old cause . phan. indeed i now wish that we had treated the king with more fineness , for i know by precedent , that he who is to do execution upon a monarch , should not appear bare-fac'd , but in masquerade : and i have a suspicion that our bolder votes and addresses have so awaken'd him , that we may have lost our advantage : especially considering that he was immediate successor to a murder'd father . pope . but how did you resent the remove to oxford ? phan. oh sir , i had a very painful sense of that removal , it was a kind of dislocation in the body politick : for , methinks , the commons out of london look like members out of joynt . this disappointment depriv'd us of the blessed advantages of republican cabals , and metropolitan tumults . but yet , to shew that no change of air could alter our nature and resolutions , we did pursue the same votes at oxford , that we had commenc'd at westminster . my dictator or terrae filius , was just preparing a speech for the theatre , but that proud pile was founded by an arch-bishop , and so surrounded with caesars , that we could never enter the circus , but were dispers'd with a sudden thunder-clap ; and this gave occasion to some prophane tantivy-men to ridicule that assembly , and stile it the anchovy parliament , because it dissolv'd so soon upon the first heat . pope . but i am told of a declaration that follow'd that dissolution , and that the king hath declared , he will govern by his laws ; and you and i have more reason to be afraid of that , than of his being arbitrary . phan. 't is true , and i believe that declaration was one of the evils presag'd by that malignant comet ; for , to speak plainly , i was never pleas'd with that blazing-rod , for , when it first appear'd in it's western position , the extremity of his radius seem'd to be just zenith to the house of commons : and i am afraid , that comet was some tory among the stars , that had no good meaning to the lower house ; for when that parliament dissolved , it presently disappear'd , as if it came on purpose to point at us , and affront us . pope . some did fancy here at rome , that that star might be the receptacle of the souls of stafford , and the rest of my last martyrs in england ; and that the large emanation from the comet , did remark the streaming effusions of their blood , and signifie a rod to revenge it . phan. i shall not dispute which martyrs were the greater saints your regicides or mine ; but i must tell you , that i was resolv'd for the blood of stafford , not so much upon the account of his crimes , but in regard to his name ; it sounded so like the earl of strafford , that i fancyed his blood might be happily ominous , and be royally and canonically attended according to our former precedent . but i assure you of late we are become very tender of catholick blood , and if the popish lords , and my bosom-friend fitz-harris were to remain untry'd , till we vote them to the bar , they should be reserv'd till doomsday . pope . but brother , the comet hath so amus'd you , that you have forgotten the declaration . phan. i confess , it did a little divert me ; but , i can as soon forget the covenant as the declaration . the king indeed did once pass an act of oblivion for us , but it is against our method of grace , to grant an oblivion for the king , except it be to forget his mercy . to declare against the collective wisdom of a nation , to term the actions of an heroick house of commons , irregularities , miscarriages , illegal and unwarrantable proceeding , this is too high an affront to be forgotten . for tho we printed our votes , and discover'd our secrets , on purpose to inflame the little sisters , yet for the king to expose the pudenda , or nakedness of the peoples members , in churches and markets , to be observ'd and scoff'd at by crowds of tories ; this was uncivil and immodest , nay , about two years ago , i would have call'd it impudence . but that which added to my vexation was the prelatical order for reading of it in the pulpit ; if it had been denounc'd below the mount , in the despis'd service-desk , it would have had no impression or solemnity ; but being publish'd from the sanctum sanctorum of the pulpit , that most sacred seat of oracles , this made it pass for jure divino , and because the voice came from the pulpit , some silly people were apt to think that the declaration was made in heaven . this was a metropolitan stratagem , and shall be recorded for the first article against william the second . pope . but i am inform'd that there was an use of consolation in the conclusion of that declaration , wherein the king promis'd the people the favour of frequent parliaments . phan. in my opinion , that is not so great a favour , except we can sit again next door to hell , where we may correspond with our old familiars . but however , frequent parliaments suppose frequent dissolutions , and one good old fashion'd long parliament were worth frequent ones . pope . but i hope you do not despond , and give up the common cause as desperate . phan. i will never despair as long as you have a being in the world , for i yet find , there is an infallibility in your name , the crying pope and popery is still the surest stratagem , and there could be no successful plot without that infallible noise . but that which most supports my hopes , is , the king's want of money . the fort royal is defended by so many cannons and regular fortifications , that there is no way to take it but starving ; and to this end , we have , by a solemn vote , made it treason against the parliament for the king or his friends to supply his need , without the consent of his enemies . for if it be in the power of zeal , money , or perjury , we will send him such commons as shall never grant him a penny , except he stake his crown , or some of the jewels of it . pope . i would have you declare in all the high courts of shops and coffee-houses , that a parliament is as necessary to raise money in england , as a purgatory at rome : but i am afraid your church of england tories have no more regard to votes , than you have for proclamations . and you have so alarm'd them by your late arbitrary proceedings , that i am jealous that they should rather think it their interest to make an honourable and timely composition with the crown , by some considerable benevolence , than run the adventure to be plunder'd by your troops , and sequester'd by your committees . i do allow your indisputable maxim , that the poverty of the king is the interest of a presbyterian house of commons : and you have wisely ordain'd , that though the king should be reduc'd to the straitest exigencies , yet he must not so much as ask an alms , and if necessity should teach him the common impudence to be a beggar , yet you have politicly resolved , that it shall be a crime to be charitable to the crown , without the leave of the commons , those high almoners of england . but brother , the mischief is , that you did once contribute your money and plate to carry on the war against the king , without a statute of parliament : now this may become an unlucky precedent , and if ever the cavaliers come to be considering animals , they may chance to conclude , that they may as freely give their gold to support the hands of moses , as you did to make the golden calf of a commonwealth : and that it were more religion and loyalty , in their prince's extremity , to contribute their money without a parliament to preserve the king and monarchy , than it was for you to destroy them both by an arbitrary contribution . now this being the fatal crisis of our cause , be sure you maintain with all possible confidence , that for any one to cast in his free-will-offerings into the treasury or corban of the crown , is will-worship and popery , and as antichristian a superstition as alms and charity . i wonder you have so long allow'd the king that imperial prerogative to be the sole lord of the mint , it would have been a mighty policy and advantage , if you could have shared in that authority , and enacted that the coin of england should have had the image of the king stamp'd on one side , and the superscription of the common-wealth on the other . this would have been a demonstration that he could never have had any money without you . there is an apocryphal passage in the gospel , that would make us believe that christ and st. peter should pay tribute to caesar without the consent of the sanhedrim , and should tell the jews they were oblig'd to do so too , because the money had the image and superscription of caesar , which did suppose their subjection to him , and his intire authority over them . and i observe that charles the second , in his english coin , is stamp'd more romano , and his image looks like the ancient figure of caesar augustus . i wish this be not ominous . phan. peter's calling the king supreme , and his example , and paul's command of paying tribute to emperours because they are god's ministers , and upon the account of their care in government , does no way concern you or me ; for you know there were no popes nor parliaments in those dayes of primitive christianity . pope . you have answer'd like an oracle . but suppose the cavaliers should be such fools , as to shut their purses till you cut them open , and keep their money till they lose their lands ; though they should not present their oblations , yet the unwilling sacrifices of our estates which will be drawn from us by the cords of penal laws , will help to inrich the crown ; and , which is worst of all , will give the king the advantage to answer our clamors of arbitrary power , by destroying of us both according to law. phan. i hope to prevent all these mischiefs in the next session of parliament . pope . but i am afraid that your elect members have been so often reprobated by prorogations and dissolutions , that they should be weary of appearing . and if ever the king , by any crafty stratagem , procure a cavaliering parliament , who are bigots for the monarchy and hierarchy of england , both you and i are ruin'd , and we are sure not to have one friend in the three estates . such a pack of tories would restore the use of convocations , and damn the lay committee for religion ; they would contrive such persian laws that should obviate your elections to 〈◊〉 , and cut off your succession to the chair . nay , perhaps , they would resolve to burn the votes and journals of the two last houses , that your braver affronts and oppositions to princes , may be no advantage or precedent to posterity . phan. sir , i know the warm temper of my own members , and that they have such a prurient lust after madam respublica , that they have a state priapism , and will stand as long as the lower house is open , and they shall never want the provocatives of aurum potabile , for i will contribute as freely to raise a parliament against the king , as ever i did to levy arms against him ; for i cannot well do this without the other . pope . truly brother , i begin to fear that the king will out-wit us both , with all our cabals and cardinals . that the duke of york is a romish bigot , is not so infallibly resolv'd at rome , as it is in westminster . what would you say , if after all our noise the d. of y. should declare to be no papist , and your d. of m. prove a decoy protestant , and that the popery of the one , and the compliance of the other , was onely an intrigue to betray us both . — what 's the matter ? phan. a little faint , sir. pope . ho' staffiere ! fetch me quickly some elixir libertatis & proprietatis . — come , what cheer now ? phan. this will recover me . but truly , you conjur'd up such a formidable apparition , that though i knew it to be but an vmbra , yet it had such a horrid aspect , that it almost frighted me into a deliquium . pope . i wish it may be onely a phantom , but what would you do if it should prove a reality ? phan. why , such a miracle of policy might perchance work another wonder as great as that , and convert me to loyalty and obedience ; but if my nature render such a change impossible , there were no living under so great a sham , and therefore , when the duke of york deserts you , and the duke of mon forsakes me , i will take the liberty to hang my self ; and so i shall yet live and dye in an arbitrary way , and both in life and death affront the government . pope . but what think you of sending the d. of y. into scotland ? phan. i wish he were banish'd out of your dominions and ours , and yet , i think you challenge a jurisdiction over all the kingdoms of the earth , besides the territories of purgatory . i would you had him upon the scala santa at rome , or we upon a scaffold on tower-hill , any where , so he were not upon the same terra firma . my scottish brethren say , that he is posted like the threatning angel at the gates of eden , with a flaming sword , that turns to north and south , and was planted there , on purpose to stop their passage , and prevent their return to paradise . pope . but do you really design to enthrone your d. of m. and ever trust that lord of the sun tavern with the chariot and ranies of government ? phan. no truly . we know the natural sons of princes are begotten in an arbitrary way , against the proceedings of law and property , and therefore they are commonly born with an unhappy inclination to unlimited government ; and it is not empire , but common-wealth that we are designing . but you and i must have lost our ancient politick , if we cannot embroil one monarchy by the divided names of two opposite dukes . pope . what think you of the condition of tangier ? in my opinion , the king 's securing that place without your aid , and against your will , was a mighty instance of his power and policy . his gallant fleet in the mediterranean , his victorious arms at tangier , have made his name glorious in the levant ; and i believe the emperour of morocco , tho one of the heads of the dragon , yet dare not address to him with so much rudeness as the tail of a house of commons . phan. the preserving tangier from the assault of the moors , was one of the blackest misfortunes that ever befell us ; for our confederates in africa , intrench'd before that town in a very critical juncture ; and if they had carried the place while my house of comets were blazing , it would have given us a brave advantage to have storm'd the throne ; for , then we would have clamor'd against the king , and charg'd him with the ruine of our levant trade ; we would have brought the loss of that town into the popish plot , and accus'd some romish officers for betraying the place to infidels . this would have so much lessen'd the king's reputation both at home and abroad , and so much serv'd our interest in the promoting of popular complaints , that we could not have wish'd a happier event : but to preserve the place and to triumph too , was so great a disappointment , that i begin to fear , the old prince of the blacks will deceive us . indeed there was a time , when we would have annex'd that place to the crown , for fear it should have been remov'd into the exchequer ; but to speak san's complement , i had rather tangier should have been annex'd to the crown imperial of morocco , than to the crown imperial of england . pope . before we part , i thing my self oblig'd to give you my thanks for some late eminent services . first , for your vigorous pursuit of the excluding bill . there were some hundreds of years from the first date of anno domini , which are commonly call'd the first four centuries , when you and i had not a being in the world. in those days , the plain christians kept themselves to the old fashion'd modes of primitive christianity , and observ'd the meaner habits of meekness , humility , and patience , with a tame subjection to secular powers ; and tho sometimes they had the command of forts , and castles , and valiant armies , yet they were so silly as to truckle to a pagan successor , and suffer him to ascend the throne without any affront or disturbance . but you and i have learn'd braver principles , and taught the world , that dominion is founded in grace , that is , in your favour and mine . now , if , like these primitive fools , you had left the throne to the right and descent of law and nature , and to the quiet disposure of providence , then i am confident , if the duke had surviv'd the king , that he would never have render'd his short reign uneasie , by removing the boundaries of an establish'd religion and government , but would have thought himself oblig'd , in generosity , to have been defender of that faith , and of that people , who had never given him the least disquiet . i am not yet assur'd that the duke is a zealot in my religion , but you do well to report him to be so , and you have taken a course to make him one , and i thank you for that . that which next merits my thanks is your bill for uniting protestants ; for , you have so ingeniously contriv'd the project , that it will equally serve your interest and mine ; for you only exclude the roman tongue , but in others allow a confusion of languages , and suffer every division to enjoy their own dialect : and yet by an almighty vote , resolve , that ninety and nine divisions shall be but one single unite , and the same idiom . brother , if ever you can effect this , i will grant you to be a greater conjurer than i , and that you have out-done the mystery of transubstantiation . this politick stratagem would introduce so great a confusion into the church of england , that many wiser men would come over to rome , and think it the better babel of the two . in my opinion , your uniting device does far exceed a toleration , for that would leave the church of england to enjoy it's distinct order and establishment ; but this cunning contrivance and mystical union , would confound the glory and discipline of that church , which is the greatest envy of rome and geneva . i have yet no hopes to repeal the . but i thank you for your endeavours of repealing the th . of eliz. that fundamental , establishing law of rank protestant religion . i do dispence with your observing of queen elizabeth's day , and the pompous burning of my effigies , so you will but damn the statutes of jesabel , for that was her ancient title among yours and mine . i hope , next parliament , tho you meet in a new place you will pursue your old votes and resolutions . phan. we call it popery to confess an error , and scorn the superstition of repentance ; we have already offended beyond the hopes of oblivion , and have no other method to secure our indemnity , but by proceeding to higher crimes . pope . well , dear brother , i must leave you a while to divert your melancholy thoughts with the pleasant prospects of the frescati . i have appointed a consult with my cardinals , about the liberties of the gallican church , and the regalities of franee , and i will leave it to your care , to undermine the prelacy and prerogatives of the church and monarchy of england . finis . notes, typically marginal, from the original text notes for div a -e the pope's countrey-house . villages where the pope and cardinals have their country houses . the modern states-man. by g.w. esq wither, george, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing w ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing w estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the modern states-man. by g.w. esq wither, george, - . [ ], , [ ] p. printed, by henry hills, and are to be sold at his house at the sign of sir john old castle in py-corner, london : mdcliii. [ ] g.w. = george wither. includes a table of contents. reproduction of the original in the british library. eng political science -- early works to . great britain -- politics and government -- - -- early works to . a r (wing w ). civilwar no the modern states-man. by g.w. esq; wither, george f the rate of defects per , words puts this text in the f category of texts with or more defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - judith siefring sampled and proofread - judith siefring text and markup reviewed and edited - pfs batch review (qc) and xml conversion the modern states-man . by g. w. esq {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . plutarch . in hac ruina rerum stetit una integra atque immobilis virtus populi romani . haec omnia strata humi erexit , ac sustulit . livie . london , printed , by henry hills , and are to be sold at his house at the sign of sir john old castle in py-corner , mdcliii . to the reader . reader , i here present thee with a few conceptions and observations hudled together during my confinement to my chamber by an arrest from heaven ; my nobler part being then unwilling to ly idle , when the other was denyed the liberty of action : if i have not observed so exact a methode as thou mightst expect , let the distraction of my mind by bodily pains and weakness plead my excuse . thou mayest wonder perhaps to meet me walking abroad without a support , which was not from any overweening confidence in my own ability , but because i was ignorant where to find such an one as might lend me an hand ; and this , not that i could not have pick'd out one sufficient in my own apprehension , but in thine : for when i considered our divisions , what animosities , what parties , what factions are amongst us , i knew not where to elect the man might please all , and so rather would have none , than one that might creat a prejudice , or hinder any from looking into this little treatise of so publick concernment . we are all passengers in the publick vessel , therefore as wise mariners diligently observe the heavens , that they may not be taken unprovided by tempests : so ought we to enquire what may betide the publike , whereon our private quiet , and happiness depends . foresight is an half-prevention , and though it may not totally defend , yet will it take off the edge so far , that the evil shall not be able to pierce to the heart : let this then suffice to move thee to read on , whereby thou shalt be enabled to make a perfect judgement , whether happiness , or calamity attends the nation wherof thou art a member . sol et homo generant hominem , say the naturalists , and providence , and vertue concur in the begetting of a perfect and durable commonwealth , for divine influence , and humane activity are equally necessary to the generation of the politick , as well as natural body , and heaven and earth must join to make up an absolute compositum . observe then both god , and man , the actings of providence towards , and of vertue in a nation , and thou mayest foretell whether it will be well or ill with them , without going to a conjuror , or any star-gazing mountebank . farewell . the contents . chap . that there is by nature in all men an inquisitive desire after the knowledge of futurity ▪ the reason of this ; the means by which they have attempted it . chap. . that there is a way leads to this knowledge , and what it is . chap. . this may confirmed by reason and examples . chap. . an admonition to some amongst us . chap. . how england became a commonwealth , and what may be expected from such a beginning . chap. . the beginning of the commonwealth of rome , and the causes of its growth . chap. . a parallel . chap. . of providence , and vertue , and the concurrence of second causes . chap. . of the roman piety , the evil and danger of mock thansgivings . chap. . piety and valour not inconsistent ; piety rewarded in heathens , impiety punished . chap. . religion ingrafted in mans heart by nature . chap. . the outward means to be used ; ministers incouraged and maintained ; the christian magistrates duty . chap. . religion not to be made a stalking horse to ambition or avarice . chap. . the benefit of humane learning , and some objections answered . chap. . an answer to some objections in a book entituled , the saints guide . chap. . the abuse of learning no argument against the use of it . chap. . the mischief of ignorance . chap. . of moral vertue in general . chap. . of probity , and the practice of it among the romans . chap. . of prudence . chap. . of natural parts , experience , learning , and travel . chap. . of the prudence of the romans . chap. . of justice , and the roman practice of it . chap. . of laws , and the english laws . chap. . of fortitude . chap. . of temperance . the modern states-man . chap. i. that there is by nature in all men an inquisitive desire after the knowledge of futurity ; the reason of this ; the means by which they have attempted to attain this in all ages . there is , and hath alwayes been , in the generality of mankind , an itching desire , and ●ankering after the knowledge of future events , the sonnes of adam reaching out their hands to the forbidden tree , and catching at the fruit of it ; yea , this off-spring of eve longing for the greenest apples , the precocious knowledge of events , before they come to their just ripeness and maturity . and to say truth , the tree of knowledge is fair to the eye , and pleasant to the taste ; for as all notional dainties are delightful , so especially these prenotions and anticipations of things are the more sweet and delicious to the palates of men , because most of their being is treasured up in their future condition . they can find no satisfaction , no sabbath , no quiet in their present state , and therefore they would fain know what the next day , what the next year , what the next age will bring forth ; in the highest prosperity they fear a mutation , in the lowest adversity they are impatient for a change ; and hence it comes to passe , that futurity is the mark at which all levell the arrows of their counsels , their endeavours , their hopes , their desires , and their prayers . this hath caused them in all ages to have a sacred esteem of those who pretended skil in divination , as the honour conferred upon joseph by pharaoh , and the advancement of daniel by the chaldean and persian monarchs recorded in sacred writ undoubtedly makesout , to let passe the honours which the magi enjoyed among them , which are set down by those that wrote their histories . thus the jews who had the vrim and thummim , and prophets from god to enquire of , yet ranne a madding after wizzards , and such as had familiar spirits , had their false prophets by hundreds , yea , and sent to baalzebub the god of ekron , an oracle of the devils , to enquire , as in the life of ahaziah will appear . with how frequent , and costly sacrifices did the graecians adore their oracle-giving deities , purchasing an answer with a hecatomb , and with the bloud of a hundred dumb beasts conjuring their dumb devils , before the sullen fiends would vouchsafe to answer them ? and of what esteem were the sybills books among the romans , who with all other heathens were so inquisitive after the future , that they left no stone unrol'd to attain the knowledge of their fates ? there could not a bird chatter , but there was an augur to comment on , and expound its language . there could not a bird flye , but there was an auspex to watch it ; nor light , but he was ready to observe , and by its motions in the ayr interpret the revolutions of states and persons . there could not a sacrifice fall , but there was an aruspex to behold the posture of it , and by the quietnesse or strugling of the sensitive creature , to foretell the facilities or reluctancies in the affairs of rational beings ; and an exspex to consult the entrails , and by the colour of the inwards tell the complexion of outward affairs . there could not a line seem to be scribled on the hand , but there was a chiromancer to read them , and with his interlineary glosses expound them , giving a short synopsis of the future passages of this present life out of that enchiridion ( as they would have it ) of natures penning . the interpreter of dreames was set to judge in the horny and ivory gates of fancy , and as if the day were to receive light from the night , to regulate its walking motions , by th others slumbring intimations . to passe by those severall kinds of the same madnesse expressed in geomancy , by circles in the earth ; pyromancy , by fire ; hydromancy , by water ; necromancy , by the ghosts of the dead , &c. of which the nations were enamoured , the heaven it self could not escape them , but the astrologer with his key was to unlock the starry charracters , and out of them spell the fate of sublunary things . and here let me not be mistaken , for i am not of opinion that those glorious bodies were created only to twinckle in a clear night , i do believe them to have an influence on sublunary bodies , and see the moon empire it over the waters , & the humors increase , and decrease , as it fills , or is in the wane , yet are they not , i conceiv , so easie to be read as some pretend , if certainly to be known by any ; for i find the prince of the power of the air himself at loss in his conjectures , which made him so cautelous in his oraculous responsals , as plutarch in many places observes . and aquinas will have the crows , cranes , & swallows , those flying almanacks , more happy and successeful in their predictions , than our anni specula , which become often crack't & broken in their guessings at the weather and truly the giving such unequal representations of things most obvious , is a very bad into create a belief of their ability to foretell things far more imperceptible , and immaterial , that depend upon the will and decrees of god , and upon the motions of most free and indifferent agents ; yea , such as are confessed on all hands so able to oppose , that they cannot be compelled , for sapiens dominabitur astris , & it is related of socrates , that of a crabbed and dissolute disposition by nature , he became the most accomplished in his time by philosophy . but i shall not set bounds to other mens knowledge , nor circumscribe them within the circle of my own ignorance , they may have dawnings where i perceive no star-light ; yet take this along with you , that god often in text-hand declares his mind , in a comet , a blazing-star , and other fiery apparitions , as he did before the last destruction of jerusalem . and as the jews and heathens , so many christians have been tampering about futurities , how lawfully i cannot say , for i am persuaded we ought to acquiesc in gods revealed will ; god will have his children in some sense in diem vivere entertain fortune by the day , and he doth choose gradually and leasurely {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , to discover the thoughts he hath concerning them , that he might keep them in a waiting and obedient posture , in a posture of dependance , and expectation ; not that i would have them with anacreon cry out , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , give me to day , let who will take care for to morrow ; or with the stoicks lazily expect the blind-stroak of a conceited unavoidable fate ; but using all lawful and probable means , endeavour their countries , and in it their own future good . i confesse with that kingly prophet , that gods wayes are unsearchable , and his paths past finding out , that is in the hidden and secret bringing of things about , yet in his out-goings he will be observed , that his glory , his power , his justice , and his mercy may be made manifest unto the children of men ; thus we find his mighty works of creation , and redemption , of preservation , and castigation , all along recorded in the sacred registers of the old and new testaments ; and that for the comfort as well as instruction of his people ; in the writings of those glorious stars , the sacred pen-men , may the saints read their fortunes , and with comfort apply unto themselves the divine dispensations of god to his people . hath god brought england through a red sea of war out of egyptian bondage , and will he not perfect his work ? is the mighty hand of omnipotencie shortned that it cannot save ? or the loving kindnesse of the immutable deity changed that he will not save ? though the murmurers ( those repiners at gods hand , who would upon beds of down , with all ease and plenty be carried through the wildernesse ) may be cut off , and those low soules whom the height of the sons of anak hath caused to rebell against the most high be consumed ; and who knows whether for their sakes he hath not deferred to settle us in the promised land ? yet shal the caleb's and joshua's who have followed god fully be brought into it , and their seed shal possesse it ; though god may defer his mercies because of some mens infidelity , yet in his good time he will accomplish them , if his people walk worthy of them . let us not then despair , nor be impatient , but endeavour to fit our selves to receive them ; for the wise god , and our merciful father knows better what is good for us than our selves , his time is best , but let us from the bottom of our hearts eccho to that petition in the gospel , thy will be done on earth as it is in heaven . but i shal not insist further in applying scripture , and i could wish some ( i am persuaded godly persons ) had not been ( i fear ) to adventurous in misapplying it ; for surely if we warily look into those prophecies in daniel , we shall hardly find them calculated for the meridian of great britain , and ireland ; were not some peremptorily concerning the return of the jews out of the babylonish captivity , as in . chap. . verse ! the comming of christ , and the destruction of jerusalem , as in , , . &c. verses others concerning the four monarchies in . chap. the division of alexanders kingdome , in . chap. and the empire of rome , in the . chap. so if we behold the book of the apocalyps , it rather seems to hold forth the actions of a world than an island , and the great concernments of the rational species than of a few english individuums . i hope i shal be allowed liberty of conscience in so intricate a case , especialy being no fundamental point of salvation , and if god shal be pleased to use england as the primary instrument in my dayes for the destruction of that romish kingdome of antichrist , and the exaltation of the lord jesus blessed for ever on the throne , i shal endeavor to praise him both in word and deed , and humbly to prostrate my life and fortunes at his feet , as ready to wait upon him in what part of that work he shall be pleased to make me though never so meanly instrumental . chap. ii. that there is a way which leads to this knowledge , and what it is . and now setting aside the before rehearsed follies of the besotted world , i shall attempt by a new way of conjecture to guesse at the fortune of the common-wealth ; reason shal be the jacobs-staff by which i shall take its height , and in that true glasse shew you its futureface , that i may have few , and those inconsiderable opponents . i know that discourse which is most filled with reason must needs be most victorious and triumphant , the weapons of it are general , and there is none of the sonnes of men able to oppose its force , the unjust infidel must believe it , or deny his essence , and the atheist must subscribe upon perill of his being , for the creator , or as they , nature it self gave it an imprimatur & {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} the eternal being graved it on immortal soules , as philo very excellently declares , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . it is essential , & so must be universal to the species of mankind ; and as aristotle saith , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , what soever is natural , is immovable , and perpetually in the same manner energetical ; it constantly and continually commands obedience , and none but a monster , an heteroclite in nature , as the philosopher speaks {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , will dare to resist it ; but to our purpose . there is not , i confesse , enough light in any c●eated reason to give a bright displaying of fate , nor is there vigour enough in any created eye to pierce into the marrow and pith , into the depth and secresie of the eternal decree ; yet can it discover such objects as are within its own sphere with a sufficient certainty . the actings of providence are so fairly printed , and the letters of it so visible , and capital , that we may read them , though some perverse beings , unworthy the name of men , slight all its workings , upon this account , that they are rolling , and fluctuating ; who with the old scepticks by a kind of strange hypocrisie , and in an unusual way of affectation , pretend to more ignorance than they have , nay than they are capable of , or with socrates cry , hoc tantum scire , se nihil scire ; he only knows this , that he knoweth nothing ; and with the academicks {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . i cannot comprehend . but let me tel such dubious , if not lazy , gentlemen , that it is an error very derogatory to the plenitude and exuberancy of the divine actings , which stream out in a clear cognoscibility , and no lesse injurious to their own natural capacities , which were not made so streight and narrow-mouth'd , as not to receive those lessons that continually drop from providence upon the world . it is an unquestionable rule , omne quod est , quando est , necesse est esse , a contingency , when 't is extra suas causas , when it is actually produced , having a determinatum esse , it may then also have a determinate cognoscibility ; for entity is the root and bottome of intelligibility ; a common-wealth in its growth is uncertain , and the means whereby it shal acquire strength lie hid in the eternal decree , until by the working of providence they are presented to publick view , and then we know how it attained to maturity , chap , iii. this way confirmed by reason , and examples . now this ordinary working of providence hath so often shown it selfe in the adadvancement of states , that with a little industry we may track it , and by its leadings may conjecture how good a progress such or such a state shall have ; for matters in fact are as certain in being and reality , as demonstrations . and this may be enlightned by a simile fetch 't from vegetables , which we see thrive by the alternat help of heat and moisture , moderately and in their seasons shining , and showring down upon them ; yet either of these in excesse , much enfeebles , or totally destroys them : hence without a witch wil your countrey man foretel plenty or scarcity , and indeed all such effects as lurk in probable causes , that seem to promise very fairly , may be known also in an answerable , and proportionable manner , by strong , and shrewd conjectures : thus the physician knows the disease , the mariner forsees a storm , & the shepherd provides for the security of his flock . thus by an intermingled influence of peace and war , nations have grown renowned , whereas , either alone depresses or extinguishes them ; and for this we can give good reason . for warre files off that rust that is apt to canker and eat into the bowels of states ; it opens the veins , purifies the bloud , and makes it lively , and generous ; it raiseth and quickneth the spirits , and makes the members active and prompt for the highest and noblest atchievments . and peace it fills the barns , is the nurse of trade , from whence grow the golden sinnews that strengthen the arms , and makes them able to wield their weapons in the time of war ; is the patronesse of learning , the mistresse of art , the parent of good and wholesome laws ; needs then must that nation vigorously encrease , on which both these have a joynt and happy influence . but if any should ask how it is possible to enjoy both ? let them go and see how one spring is made happy by both show'rs and sun-shine ; nay they may be both at once , there may be a forein war , yet peace at home , it may rain and shine , and that together . yet let the drums bellow too long , and people will eccho to them , and become brutish , savage and barbarous ; let war break in on all sides , and like a deluge it sweeps all before it , and if any thing be left , it is but mud and dirt . or let a long calm come what sloath , what luxury , what effeminatness and cowardice doth it create ? how doth it enervate the members , clog the spirits , cause the blood to putrifie , and corrupt , and beget that lazy and scurvy disease which makes the whole body to draw a faint , sickly , inglorious , yea , a noisom breath ? thus we see the standing waters to corrupt , and naturall bodies craz'd , and resolv'd to their first earth , as much by plurisies as consumptions , by surfeits as famine ; and soules as oft forced by a disease to take their flight , as a sword , and by an inward malady not seldomer than an outward enemie compell'd to quit their beloved mansions . and as reason , so examples , and those in all ages , may be brought to back our assertions . the assyrian , caldaean , and persian monarchies by arms got footing , and became powerfull , by a mixt peace , they grew into a form of government , & whilst these walked hand in hand , they continued both formidable , and lovely , and to use the scripture expression , they were fair as the moon , bright as the sun , and terrible as an army with banners . this temperature of beauty and terror , order and strength , is the happy crasis of a state ; these in their true proportions make up the perfect symetry , and from these discords springs the sweetest harmony in state musick . and now , when all their sayls were fill'd with the prosperous gales of fortune , and there was none but vail'd and stoopt unto them , on a sudden being becalm'd , an effeminate sardanapalus , a drunken belshazzar , and a luxurious darius , put a period to their greatnesss ; so easie it is to tumble down hill . thus the roman monarchy fell to pieces , and became a prey to barbarous nations , yet out of its ashes arose a phenix , a maiden cōmon-wealth , which hath preserv'd her beauty as well as virginity for twelve hundred years without wrinckle or blemish , and hath so often foild the ottoman forces , to whom the grecian empire became a prey with little difficulty ; so potent is vertue even in the least bodies , and of such advantage is situation , and bad neighbours too sometimes which will not suffer her antient vertue to be cankered , or eaten with rust . thus a few fisher-towns among the batavers became a common-wealth in despight of spain , and flanders to boot , and from poor distressed states are grown hogen-mogens with the help of england , for which they have since well rewarded us . but let them take heed lest their high and mightinesses be not brought as low as their situation , being grown resty with their former little successes , peace , and plenty , and by their treacherous ingratitude made their best friend their enemy , to whom they are as much inferior in true valour , as they surpasse in pride , arrogancy , trechery , and cruelty . yea , to come home , how illustrious , and famous did this nation grow in the dayes of queen elizabeth ? what noble acts ? what generous spirits did it bring forth ? what supplies did it afford the netherlands ? what an help was it to france , and what a scourge and terror to the usurping spaniards ? whose armado stiled invincible it not onely sent home wel beaten , but with fire and sword took revenge in their havens and on their coasts ; and yet into how contemptible a condition it did relapse by a long sloath , and how it hath been undervalued , our own eyes can witnesse unto us , if we look a little back , even to the sadning of our friends , and rejoycing of our enemies . thus the best made clocks by long being unwound up gather rust , and become unfit for the least motion . and this that politick law-giver perceiving , gave it in command to the spartans , not to wage war often with one and the same enemy ; which when agesilaus one of their kings had neglected to their losse , and his own smart , he was flouted , returning wounded , by antalcidas , with , the thebans have well rewarded thee , o king , whom , unwilling and ignorant , thou hast compeld and taught to conquer . chap. iiii. an admonition to many amongst us . what then may we think of some lately appearing amongst us , who neither minding their own good , not their masters businesse , have been bold in the sight of the sun to upbraid those in power with these latter wars , as fomented and raised for their lusts , and our pressure , which by the good hand of providence hitherto have turned to our honour , and advantage , and it may be have been a means to prevent our ruin ; the common enemy keeping us from quarrelling among our selves , and as it were binding up our hands from intestine slaughter : for so many and so great divisions there were amongst us , such animosities and heart-burnings in one party against the other , as in that unsetled estate we were in at first , in sua victrices vertentes viscera dextras , might have turned our weapons into our own bowels , had not heaven in mercy cut out work for us elsewhere , until we were a little ▪ better come to our selves what means then the bleatings , and lowings of these cattel , which are driven like beasts to the slaughter ? for alas fond youths , though your noddles are not full enough to render you suspected of design , yet undoubtedly have you been set a going by some well practiz'd in the art of sedition , and whose concernments and inclinations prodigiously meet in that fatal point , to whom it may seem as natural to live in the fire of contention , as profitable to fish in troubled waters ; consider but the bottom , and you will abhor the broachers of this design , who under the pretence of crying down forein , would stir up a civill war ; and of advancing peace , and freedom , raise rebellion and confusion , which would inevitably ruin your selves , trades , and countrey . let not any of these flie sinons make you break down your own walls , to bring in so fatal an engine , a second trojan-horse , which will powrforth armed tyrants in the dead of night upon you , whose understandings they have charmd asleep with their false & counterfeit pretences . timete danaos et dona ferentes : you cannot be too mistrustfull of your old enemy , of whom this design smels rank ; take heed , i say , you lose not your liberty in the noise you make for freedom , and whil'st you crowd out authority , you bring not tyranny in on pick-back ; which your enemies of themselves despair ever to accomplish . thus have i seen full-grown fruit which hath withstood the assaults of outward storms , rot with superfluity of innate moysture , and the double-armed nut resolv'd to dust by a worm bred in its own kernel . or what shall we say to a second sort , those sons of sloath , those dregs of a lazy and luxurious peace , who as if their souls lay in their bellies , find no content but in ease and riot ? whose whole note is , where are those golden dayes we once had ? where are our court-revellings and masques ? where our lord-maiors feasts and shews , and all those joviall sports gone , in which england was wont to pride herself and triumph ? not a wake , not a morrice-dance now to be feen , are these the effects of a parliament ? and is this that we have got by fighting ? alas poor souls ! you dream't ( i 'le warrant ) a parliament would have made the thames flow custard , and turn'd the pebbles on the shore into garoway-comfits ; have caused bag-pudding to grow on every bush , and each pond abound with beef and brewis ; have commanded the conduits to run sack and clarret , and the rivers and brooks ale and strong beer ; and welladay , your houses are not wall'd with hasty pudding , neither do pigs ready roasted come and cry come eat me ; lubberland is as far off now as ever , and you deceived of all your goodly expectations ; but peace , put fingers out of neyes , and i will tell you what ; yea , what your countrey , your mammee ( if she be not ashamed to own you ) hath got ; she hath gained her freedom , and regain'd her reputation ; of a baffel'd , scorn'd , and despised kingdom , she is become a victorious , dreadfull , and renowned common-wealth ; she that was contemned by a spain , cudgel'd by b france , brav'd by c holland , affronted by d irelād , & baffe'ld by e scotla . hath made those with whom she hath grappell'd feel the force of her arms , and taught the rest to observe their due distance ; yea she hath done more in four years , than your monarchs could do in four hundred ; having quell'd ireland , subdued scotland , cudgel'd holland , and with a navy of near two hundred sayl scoured her narrow seas , and swept her enemies coasts , notwithstanding her strugglings at home with such undutifull sons as your selves , who have layd all the stumbling-blocks in her way they either could or durst . but your purses pay for this you cry , i warrant you , and so they did for the puppets and pageants , the hobby-horses and bells , and all the rest of the trumperies your souls so much delighted in ; as i conceive too you were wont to pay subsidies for your charters , and your petition of right , which you hung by and gaz'd on with as much benefit to your selves then , as now on your scotch covenant ; as also ship-mony , knighthood-mony , coat and conduct-mony , and now and then you received a privy-seal ; your carts now and then did attend the court , and your oxen , sheep , horses , hay , straw , oats , &c. were taken up at the kings price , and that payd too , when you could get it ; there were slavish tenures , and a court of wards , a star-chamber , and an high-commission court with its appurtenances in each diocesse ; justices in eire , and forrest laws , &c. which cost you something ; but you will be wiser upon second thoughts , put on your considering caps than , for you know not what you may come too ; what though you are out of hopes of being courtiers you may be patriots , and instead of being slaves to flattery , become patrones of liberty ; what though you cannot buy knight-hoods , and lordships , yet may you purchase never-dying honour to your names by faithfully serving your god , and countrey . act then vertuously , and let posterity find your names in the van of good common-wealths-men , among the first ranks of the assertors of liberty . which of you , were you to choose , would not rather be read in history a brutus , than a tarquin ; an aristogiton , than a pisistratus ; a pelopidas , than an archas ; a timoleon , than a dionysius ? whether doth the name of lancaster , or gaveston , hereford , or spencer , make the pleasinger found in english ears ? and which were accounted martyrs , which traitor , in the thoughts of your generous ancestors ? and if all this will not prevail with you , if duty and honour appear small in your eyes , yet profit sure will do much ; it is the way to thrive ; for it is more than probable that the common-wealth will survive its enemies , and there are certain symptomes of its welfare . that providence which hath hitherto brooded upon it , and hatcht it into this perfection , that hand of omnipotency which hath given assured tokens of assistance from heaven , hath in text-letters written its fortune on its forehead , so that the least read in physiognomy may spell it out . the schoolmen observe , divina voluntas , licet simpliciter libera sit ad extra , ex suppositione tamen unius actus liberi , potest necessitari ad alium . we shall not go so high , but this we shall say , that where god hath so visibly owned a nation , he will never draw back his hand unlesse upon some notorious provocation . lift up your eyes then , os homini sublime dedit , coelumque videre jussit , & erectos ad sidera tollere vultus , which were given you to this end , and contemplate the works of your gracious creator , it is your duty so to do , and he expects it at your hands ; be not rebels to nature , nor make frustrate the admirable frame of your creation , wch wil argue you not only ingrate , but worse than brutish , yea put you in the lower form , to the beasts that perish , for as the heathen satyrist , sensum è coelesti demissum traximus arce , cujus egent prona , & terram spectantia ; mundi principio indulsit communis conditor illis tantùm animas , nobis animum quoque . but lest there should be some so ignorant that they cannot , others so lazy that they will not take the pains to read this hand-writing from heaven , i will endeavour so plainly to set it before them , that fronaque si spectent animalia , if they look but downwards , will they , nill they , they shal perceive it , unles they blindfold themselves , and wink out of design ; and for such moles , let them enjoy their dark caverns , and there delve and dig untill they have laid themselves as low as they desire , or deserve ; let their affected shades envelope them , and not the smallest star disturb their cimmaerian enjoyments ; let the nights black quiristers , ravens and scrich-owls , sing anthems and requiems to their souls , and no sun arise to disturb the musick , and dissolve the lucky consort . chap. v. how england became a common-wealth , and what may be expected from such a beginning . the english nation by a long and bloody civill war being awak't out of that sleep which had almost brought a lethargy upon her , ( like an angry lion rows'd and enrag'd with the smart of his wounds ) resolutely , and with a courage not unworthy the nobility of her stock , sets upon the foe that had so gall'd her , and soon brought him under her feet ; then disdaining to wear the fetters of a conquered enemy , assumes the power god then , and nature at first had invested her with , and assumes her pristine freedom . thus bellona was the midwife which brought england to bed of the common-wealth , which was no sooner born , but she swadled her in ensigns torn from her proudest foes , and adorned her cradle with trophies of victory ! o sacred and happy birth ! what triumphs attend thy youth , and what lawrells shall encircle thy manly front ? thou that hast strangled serpents in thy cradle , givest us hopes , that the seaven-headed hydra shall fall by thee when thou hast attained thy full strength ; and who hast made it as it were thy sport to pull down petty tyrants , wilt make it thy businesse to destroy the grand impostor ; that as with thy fist thou hast given him a box on the ear , so with thy sword thou wilt divide his head from his shoulders ; for what lesse than a triple crown can attend thy chariot , whose go-cart is lackied on by crowns in couples ? for great , even for so great things sure hath providence reserv'd thee , whom she hath so carefully tended in thy infancy ; for though she hath suffered thine enemies to rise against thee , yet so tender a regard hath she had of thy youth , that she put hooks as it were in their nostrils , and restrained them from uniting , whom single she knew thee able to grapple with ; so that their malice hath augmented thy glory , and by their endeavouring to ruin thee , they have encreased thy power , making themselves but touchstones to convince the world of the purity of thy metal , and on their own shoulders advancing thee above an ordinary height , that the world might take notice of thy growth , and stature ; and as with thee , so hath she done with others , even with all all those whom she intended to advance ; examples of which , both divine , and humane histories abundantly offer to our veiw . thus was it with israel in their conquering the promised land , sihon king of the amorites first sets upon them , then og king of baashan came out against them , &c. thus we find it with divers others in other authors , which to avoid prolixity i shall passe by , instancing in one and that so well known , that few , if any therebe , but have heard thereof , and that the common-wealth of rome , which from a small beginning grew up into so vast a body , that her eagles-wings spread over the greatest part of the then known world . chap. vi . the beginning of the common-wealth of rome , and the causes of its growth . this city , or rather town of rome , being founded by romulus , and inhabitants gathered together from divers places , was no sooner built , but it was threatned with ruin in its very infancy , and the best it could expect was but an ages duration ; for the greatest part of the inhabitants being single , all hope of issue was cut off , which onely could afford it a longer life : wives thus wanting , and none to be obtained by consent , so contemptible were they in the eyes of their neighbours , they attempt what craft and force would do ; and their plot succeeded to their minds ; for having proclaimed publick plays , and invited their neighbours , they suddenly provided themselves wives of the sabine virgins , which came with their parents to be spectators . yet this remedy seemed as dangerous as the disease ; for the sabines were a great and war-like nation , and a colony of the spartans , after whose manner they lived in towns without walls , reputing themselves safe in their own valour , and the romans could not but expect they would resent the affront . but see how fortune ( which we christians truly tearm providence ) gave them assistance , by giving let to the conjunction of their enemies , though of one nation , and alike interessed in the quarrell . first , the caeninenses come against them , whose king being slain by romulus in fight hand to hand , and their army defeated , were compelled to leave their old habitations , and go and dwell at rome by the conqueror , who by this means encreased his strength as well as reputation , and became the better able to deal with the rest . this war done , the fidenates , crustimini and antenates begin another , and run the same fortune , and likewise being incorporated with the victors still encrease the roman stock . the rest grown wise by these examples unite , and put the romans to such a plunge , that it was easie to conjecture what have would have been the issue , had they taken this course at first ; but by the intercession of the women running in between the armies , a peace was made , and both nations joyned in one , the city keeping its old name of rome from romulus , the people being called quirites from the chief tribe of the sabines , the roman and sabine kings jointly reigning . now could the wisest among the sons of mē have judged that a rape should have begot an union ? but there is an hand above disposes of things above our suppositions , which continued its favour till rome grew of perfect strength . this was he that withdrew porsenna , and changed his enmity into love , and admiration ; that restrained any warlike marcian or lucan , any mulius , silo , or telesinus with the joint forces of italy from falling upon her , untill she was able to bear the storm ; that out supplies off from hannibal when he had almost born down all before him , and made the envy of his own citizens instrumental to their own ruin ; that made antiochus sit still until philip was brought under , and tigranes look on until mithridates was beaten out of his kingdom , yea that provided work by the sarmatians for mithridates till the marsian war was over ; that divided the cimbri and teutones so , that marius when he had overthrown one party , had time to joyn with the other consull to help destroy the other , and suffered not three hundred thousand fighting men in one body to attempt italy ; and in like manner the slaves , and fencers , giving crassus opportunity to defeat them , who had ranged italy , and oft put the roman armies to rout ; that by a few geese saved the capitol , and caused the unjust banishment of camillus to be a means to preserve rome . chap. vii . a parallel . and hath not providence in the same manner dealt with this common-wealth ? which was no sooner established in england , but it was threatned from ireland , where dublin , derry , and a few forces under generall monk were onely left us , two being besieged , and the third in an incapacity to afford them relief ; when things were thus desperate , god divided the rebels , and made o neal instrumental in the relief of derry , neither could they be pieced untill ormond was totally broke , and the other party under the popish bishop of clogher , fought and routed . the irish cloud almost dissolved , a scotch storm threatens us , which yet came not on so suddenly , but that we had time to provide shelter , ( providence causing them to trifle away much time in their treaties , and other mockeries ) insomuch that the greatest part of it fell in their own nation , the tayl only besprinkling some parts of this , where it totally vanished . and here we can never sufficiently admire gods goodnesse to this common-wealth , who when the enemy had given our army the slip , and left them so far behind them , suffered them not to march up to london , but to empound themselves at worcester , and so over-ruled the hearts of this nation , that notwithstanding the malice and hatred of many to the present government , yet not any considerable person , or number , joyned with the enemy , even marching through the most discontented and disaffected counties . the north being cleared , the dutch jealous of our encrease , who have found the sweetnesse of a state government , endeavour to clip our wings , and to usurp our long held soveraignty of the seas , having undermined our trading a long while before ; but they may put what they have got by it in their eyes without any danger , unlesse of making themselves weep , notwithstanding their treacherous and base attempt upon a small squadron with one of our generals in the time of ttreaty , and before denouncing a war , and that even upon our own coast ; whilst we besides the honour , and repute gained abroad , are grown more potent at sea in one year , than we had like to have been in many ages , had they let us been at quiet ; and even thus the carthaginians compell'd the romans to become masters at sea , by their injuries provoking that stout nation to adventure a sea fight , though so ignorant , that the consull taught them to row by sitting , and beating poles on the sand ; and truely little better sea-men were our redcoats at first . chap. viii . of providence , and vertue , and the concurrence of second causes . and sure now no christian but will acknowledge a divine hand over-ruling in these actings for englands preservation , which even the heathen observ'd by their dim light , in romes advancement . thus we find that ingenuous moralist plutarch affirming , that though there hath been a great and continual war , and feud between fortune and vertue , yet it is probable , they made a truce , and united their forces for romes assistance . again , as they report venus passing over the river eurotas laid aside her looking-glasse , attire , and girdle , and took a spear and a shield to accompany lyeurgus ; so fortune having deserted the assyrians , and persians , hovered over macedon , suddenly shook off alexander , view'd egypt and syria , seemingly advanc'd carthage , at last past tiber , laid aside her wings , and set up her residence in the capitol . and as he , so the romans themselves were sensible of this divine aid , as the multitude of temples dedicated to fortune may demonstrate ; there was the temple of fortunae virilis : fortunae muliebris : fortunae primogeniae & obsequentis : fortunae privatae & viscatricis : fortunae virginis : fortunae bonae spei : fortunae masculae : fortis fortunae , &c. yet did they not attribute all to fortune , and neglect vertue , of which they were as great admirers , and honourers , as they were adorers of the other ; and plutarch gives it a due place : rome was ( saith he ) conducted and encompassed with whole troops of citizens , brandishing bloody weapons , enobled with scars received before , bedewed with blood and sweat , and leaning on half-broken trophies , such as her fabricii , cimilli , cincinnati , fabii , aemillii , marcelli , scipiones , &c. and let us but consider , and we shall see that providence works by instruments , and god expects the use of means ; we cannot suppose a victory without a fight ; lying still , and wishing will do nothing , d●i munerasua laboribus vendunt , it was not hid from the heathen , that the active onely were to expect a blessing ; the hand of the diligent makes rich , and vertuous actions advance states and persons to honour and dignity . for though scientia dei , the knowledg of god be the cause of things , yet being but the remote cause it takes not away contingency : god himself perceives that some things will evenire contingenter , for he doth not onely cognoscere res , sed ordinem et modum rerum , know things , but the order and manner how they shall come to passe ; he knows there are causae intermediae , which are impedibiles et defectibiles ( as the schoolmen say ) and from the wavering of these second causes the whole rise of contingency flowes ; thus in a syllogism , let the major be necessary , if the minor be contingent , the conclusion will be so too ; though the first cause be certain , yet if there be obstructions in the second , no man can assure himself what will be the effect ; though the spring of motion cannot fail , yet if the wheels break , the progresse will be very uncertain to all but god , who knows whether they will break or no ; he knows whether such a nation will use the means or no ; whether it will improve his blessings , or abuse them ; whether it will imploy the peace , plenty , wealth , power , and strength it hath received for his glory , and the common good , or for pride , luxury , and riot : so that we only are in the dark ; yet not altogether are we blind , but where we see vertue on the throne in a nation , there we may foretel a blessing to that people , and where vice predominant , that its attendant ruin is not far off ; and for this the before-mentioned common-wealth of rome affords us an example in both kinds ; which as it grew up by vertue to an unparallel'd height , so by vice was its strength broken , and its renown turned into shame , that dalilah betraying this mighty sampson into the hands of his enemies , who have fettered him , and pulled out his eyes : it will not therefore i suppose be a work unworthy our labour to take a veiw of those vertues , by which , that , as other nations have become renowned , and set them for our example ; for though heathens , they attained to a great height of morality , yea such an one as may put most that wear the stile of christians to the blush . chap. ix . of the piety of the romans , the evill and danger of mock-thanksgivings . and first let us behold their piety , which is not onely the cheif , but the file-leader , and indeed the ground of all the rest ; this is that which bridles the most unruly , and strikes an aw where reason cannot persuade ; let this be taken away , and with it all fidelity , justice , purity vanish , yea humane society cannot subsist without it , as cicero observes in his first book de nat. deor. never did they begin any businesse without frequent supplications . civitas religiosa in principiis maximè novornm bellorum , supplicationibus habitis , & obsecratione circa omnia pulvinaria facta , ludos jovi , donumqui vovere consulem jussit . livie dec . . l. . supplicatio ▪ à consulibus in triduum ex senatus-consulto indicta est , obsecratique circa omnia pulvinaria dii , quod bellum populus jussisset , id bene , ac foeliciter eviniret . idem in eodem . never did they obtain a victory , or receive a deliverance , but publick thanksgivings were decreed , and those for one , three , or more dayes , according to the greatnesse of the benefit ; magna victoria loetitiaque romae fuit literis allatis , supplicatio in triduum decreta est , & . majores hostiae immiolari juss● . livy . thus when hannibal was forced to leave italy after sixteen years war , they no sooner heard of it , but they ordered solemn and publick thanks . decretum ut quinque dies circa omnia pulvinaria supplicaretur , victimaeque majores immolarentur centum & viginti . never shall we find them mocking heaven , giving thanks for a victory , when they had received a losse . a practice so superlatively impious , that any lesse than an atheist must tremble but to think on ; for what is this but to abuse god , that man may be deceived , making the divine power ( may it be spoken with reverence ) as it were a stalking-horse to drive the befool'd people into their nets ? what is this other than a profest declaration that their sole confidence is in the arm of flesh , not caring how they undervalew gods glory , so they may maintain their own reputation , how they provoke him , so they may but keep up the spirits of their own party ? flectere si nequeunt superos acheronta monebunt , sith god hath forsaken them , they will try what the devill will do ; sith heaven refuses , they will try what help hel will afford them ; poor wretches , not at all considering , that whilst they endeavour to rally , and patch together a poor , routed and broken party of frail men , they make omnipotency their foe , defying the almighty himself in so publick a manner , that he is engaged by that which is most dear to him , his own glory , to revenge the affront ; it is evident then how good a match they are like to have of it . neither doth their wickednesse stop here ; t is not against god only they sin , but men also ; they are not only traytours against the majesty of heaven , but their trust on earth , betraying their own poor people which repose their confidence in them , by rendring them obstinate and proud upon hopes of false successe , which knew they but the truth , and their own weakness , might make their peace to the preservation of many of their lives , and much of their fortunes ; and drawing the blood and miseries of their neighbour-nations upon their own heads , falsely seduced to embarque with them in their ill-thriving quarrel , wherein unawares they often are opprest when they foolishly supposed all cock-sure . yet hath this impious and treacherous piece of policy been acted again and again in our eyes , with horrour and amazement may we speak it , even by those who would be thought christians : yea may not this clothe many of the oxford-thanksgiving dayes in red , and put our dutch foes , if they have any ingenuity , to the blush , who not coutent by their emissaries abroad to abuse all europe with brags and lyes , have of late ordered a day of publick thanksgiving at home to gull their own people into conceit of victory , not without a piaculum , which may cost them dear before it be expiated . for he that is high and mighty indeed , neither can be deceived , nor will be out-faced by any impudency whatsoever , and they had best consider whether they are able to engage with him too , whom they dare affront in the sight of angels and men . courage then brave englishmen , you see what shifts your enemies are put to , you have beaten them out of their confidence in the rock of ages , and forced them to make lyes their refuge , a wretched defence , and such as cannot long protect thē ; behold what low-spirited foes you have to deal with , even such as dare not take notice of a losse ; alas how far short come these of the roman fortitude as well as piety , whom you shall see according to that of their own virgil , tu ne cede malis , sed contrà audentior ito , so far from being basely dejected by losses , though comming one on the back of another , that their courage rather encreased , being prick't on with shame and a desire to regain their lost honour , which stil buoied them up when in greatest danger of sinking ? this is that true sober valour grounded on a right sense of honour , and due love to the publick , which needed neither gunpowder nor brand-wine to make them fight lustick ; this is that which rendred them victorious and triumphant , and which will enable , you if you imbrace it . but we shall have occasion to speak of this more hereafter ; let us return therfore to our generous romans , whom we find ( i say ) so far from this impious mocking of heaven , that on the contrary , upon the least sense or apprehension of their gods displeasure , they sought by all humble and publick addresses to pacifie and appease their incensed dieties : for this we may see their frequent lustrations and deprecations , the first to purge and cleanse themselves , the second to avert and turn away their gods anger . horum prodigiorum causa decemviri libris adire jussi , et novēdiale sacrum factum , & supplicatio indicta est , atque urbs lustrata . liv. dec. . l. . lastly , besieging an enemies city , they would invoke the gods of that place , imploring their aid , and deprecating their anger , by inviting them to go with them to rome with the promise of more magnificent temples , and a more splendid adoration : so great a care had they not to provoke heaven , and so fearfull were they to engage against it . chap. x. piety and valour not inconsistent ' piety rewarded in heathens , and impiety punished . and here by the way may be observed , that piety and valour are not inconsistent , and that religion maketh not men cowards . what nation ever was more valiant , and what more religious than the roman ? who were so strict in their divine worship , that they would choose rather to lay themselves open to their enemies arms , than by omitting the least part of it , to their gods displeasure : an eminent example of which we have in that war of the gauls which succeeded the first punick , in which when flaminius and furius the consuls were gone against the enemy with great forces , the augurs having found that some things were omitted in their election , they were commanded by letters from the senate to return presently and abjure their offices , which letters flaminius not opening until he had fought and routed the enemy , and made a memorable invasion of their countrey , though he returned crowned with victory , and laden with spoil , not one went out to meet him , nay he had much ado to obtain a triumph , ( which was no sooner past , but both he and his collegue were constrained to lay aside their consulships ) because he seemed to have contemned & made slight of their holy rites ; they esteeming it more conducing to the common safety that their gods should be observed , than their enemies overcome , and rather choosing to leave their armies without commanders , though in a war reputed so dangerous as that of the gauls , in which their priests were not exempted from bearing arms , than omit the least punctilio in their worship , so zealous and tender were they in matters concerning their religion . thus when they were besieged by the gauls in the capitol , and the day approached wherein their solemn sacrifice was to be performed in colle quirinali , the hill so called , rather than to omit their duty to heaven , they ventured through the very midst of their enemies camp , and having performed their rites , returned with safety , their enemies either being amazed at the boldnesse of the attempt , or mooved with respect to religion , which present death could not deter them from performing . and though their religion were idolatrous , yet according to their light being zealous they reaped the reward of a temporal prosperity : which some among them despising , smarted for to the purpose , in their own ruin reaping the reward of their impiety and contempt of religion : thus we shall see crassus who slighting the curses and execrations of the tribune ateius , would make war upon the parthians , where he lost his own and his sons life , with most of his army , the poor remainder escaping by a dishonourable flight : and thus pompey the great , who would , notwithstanding the intreaties and diswafions of the high-priest , enter the holy of holies in the temple of jerusalem , in his comming out fell down , and never after prospered , but being overthrown by caesar , and flying into aegypt , lost his head , his body being left unburied on the sands : and though he were no jew , yet being a roman by religion he was bound to reverence all deities , as the {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} the temple of all the gods at rome may demonstrate . neither need we wonder to see even a superstitious and idolatrous worship in the heathens who knew no better , rewarded with outward blessings : sith whatsoever is lovely in nature is acceptable even to god himself , for 't is a print of himself , and he doth proportion some temporal rewards unto it ; the courage of romulus , the devotion of numa , the integrity of fabritius , the temperance , and justice , and publick spiritednesse of the rest , had all some rewards scatter'd amongst them , and can we think their piety had no share ? which is so agreeable to nature , and so deeply imprinted by it on mans heart , that man , even the stubbornest , and most unwilling otherwise to submit , yet will fall down and worship a stock or stone rather than be without a deity , will devise a religion rather than be without one ; but more of this in the next . chap. xi . religion ingrafted in mans haart by nature . vve hear the philosopher thus reasoning , do not the imperfect serve the more perfect , as the elements mixt bodies , mixt bodies plants , plants living creatures , living creatures and all the rest man , nay hath not the soul a master like rule over the body , and the understanding an empire over the appetite , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , and now when by nature it is thought convenient for the inferiour to serve the superiour , ought not man to judge it best for him to serve the most wise and good god ? cicero saith we cannot be just , unlesse we be religious , fietas justitia quaedam est adversus deos , lib. . de nat. deor. epictetus , if i were a nightingale , i would do as a nightingale , but being a man what shall i do ? i will praise god ; and that without ceasing . nay epicurus himself though he taught that god {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} ; neither did any thing himself , nor commanded others to do , yet affirmed that his nature was so excellent and glorious , that it alone was sufficient to allure a wiseman to adore him . could the heathen grope thus far , and shall we that have the name to be christians lagge behind them , could they perceive thus much by the glimmering light of nature , and shall we be blind in the glorious sun-shine of the gospel ? for shame let us open our eyes , lest they rise in judgement , and condemn us , and it be more tollerable for them than us in that great day , when the lord shall appear with thousands and ten thousands of saints and angels . behold o england to be religious is the way to thrive , godlinesse will be thy gain both here and hereafter . chap. xii . the outward means to be used ; ministers to be incouraged , and maintained ; the christian magistrates duty . now that we may be so , we are to use all means god hath appointed for the obtaining the true knowledge of him , and his will , which is the ground of religion ; for as our knowledge is true or false , so will our religion be too ; and the ordinary means are the reading and hearing of the sacred scriptures , for faith comes by hearing , and how shall we hear unlesse we are taught , and how shall we be taught without a teacher ? in the first place therefore as we ought to have a holy esteem of his word , so ought we to have a reverent esteem of the faithfull and able dispencers of it , giving them all due incouragement and maintenance , that they may be the better enabled cheerfully to follow that work whereunto they are called , of winning souls unto christ . and this is a duty incumbent on the christian magistrate , who is to use all lawful means to promote religion , and to restrain prophanesse , for he beareth not the sword in vain , but for terrour of evill doers , and encouragement of those that do well . and here let me not be mistaken , for though i believe it is their duty to punish those grand traytours against the majesty of heaven , blasphemers i mean , and all other publick disturbers of the civill peace and quiet of the nation ; yet on the otherside to force all men to submit to one form , or to be of such or such a general received opinion in every tittle , under penalty of censures civil and ecclesiastical , i conceive a tyranny as little to be suffered by the magistrate , as it had been for saul to have suffered nahash the ammonite to put out the right eyes of the gilcadites , for indeed this were to put out both our eyes . for it is god and none but god that can assure us of his own mind , though he do reveal his mind by a creature , there wil be some tremblings , and waverings in the soul , unlesse he doth withall satisfie the soul that such a creature doth communicate his mind truely and really as it is , so that ultimately the certainty is resolved into the voice of god , who is onely to rule his church {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , by a determining and legislative power ; men that are fitted by god are to guide and direct {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , in way of subserviency to him , and by an explication of his mind , yet so that every one may judge of this {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , by acts of their own understanding illuminated by the spirit of god , for there are no representatives in spirituals , men may represent the bodies of others in civil and temporal affairs , and thus a bodily obedience is due to a just authority , but there is none can alwayes represent the mind and judgement of another in the vitals and inwards of religion ; for as a late bishop of our own , ad nudam praescriptionem , aut determinationem alterius sine lumine privati judicii nemo est qui credere potest etiamsi cupiat maximè ; no man let him desire it never so much can believe the bare determination of another unlesse his own judgement concur ; a truth that condemns the antichristian practices of the rest that were of that order , and mirandula gives the reason of it , for says he , nemo credit aliquid verum praecisè quia vult credere illud esse verum , non est enim in potentia hominis facere aliquid apparere intellectui suo verum , quando ipse voluerit : no man believes a thing because he will believe it , for it is not in the power of man to make a thing appear what he wil to his understanding ; and indeed , before there can be faith there must not only be a knowledg of the thing to be believed ; but an inclination also of the understanding to assent to it when known ; should we not judge that man a tyrant that should command us to renounce our sense , to believe that to be white that we see to be black , to believe that to be sweeter than honey , that we taste to be bitterer than gaul ? what are those then that would force us to disclaim our understandings , and make us believe that to be true , wch we conceive or know to be false ? and yet what cruelty in this kind hath been practized by the papists ? what by the prelates ? what by some that succeeded them , and yet de-cryed it in them ? yea what by some of those who will cry out for liberty of conscience too ? chap. xiii . religion not to be made a stalking-horse to ambition , or avarice . if any shall but question in the least , these mens jus divinum , presently they are hereticks , schismaticks , sectaries , &c. if any man shall not have the same whirligiggs in their pates as the other , or will not assent in an instant to what ever chymaera their rambling fancies produce , let them be what they will , parliament or city , magistrates or private persons , teachers or hearers , presently pray them down , purge them , they are self-seekers , tyrants , enemies to the saints , antichristian , and baals priests , and what not , yea such as are to be destroyed . yet by yout leave furious saint , you must excuse our diffidence of your tenents , yea and of your saint-ship too , until we perceive more ground for thē , and find a better temper in you ; our lord and master i am sure hath given us ground to doubt you , and i hope the servant is not above the lord , it will be best for us then to observe him , when his disciples would have had fire commanded from heaven , he tels them , ye know not what manner of spirit you are of , for the son of man is not come to destroy souls but to save them ; we know who is abaddon , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , the destroyer , and it is his badg to be spitting of fire ; why is it not as lawfull for us to question an opinion though it have your stamp and superscription upon it , as it was for the bereans to bring even apostolical words to the touch-stone ? yet were they rewarded by saint paul with the title of {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , more noble , an epithite we canot find in your catalogue . but you will say , they believed , they did indeed , but not hand over head , and so may we when we find the same spirit bearing witnesse to your doctrine which did to the apostles . but through all your cantinglanguage we do discover your aimes , indeed out of the abundance of the heart your tongues tell us , you would be popular , great and powerfull , and injoy the fat things of the earth , these only belong to you and your tribe , you are to rule the nations , to bind their kings in chains , and their nobles with fetters of iron ; the old itch of temporal lordship is wretchedly broke out upon you , your hands are the hands of esau , though your voice be the voice of jacob , your practices are unchristian , though yout profession be sanctity ; christ he promises to make his disciples fishers of men , but you fish for honour , worldly power , and riches for your followers , a bewitching bait to catch poor mortals : we read of the devil tempting our head with the kingdoms of the world , and the glory of them , but from whom have you commission thus to tempt his members ? who gave you authority to dispose of worldly powers ? is your masters kingdom of this world ? if it be , we must rank you with those antichristian usurpers , who arrogate to themselves a power above all that is called god : what more doth that man of rome ? whom we find bestowing the kingdoms of the world on those that will bow down and worship him , but cursing , deposing , and turning out of office all that refuse to subscribe to his fopperies . thus we see mahomet not with this loadstone drawing men , but with his sword conquering them , he drawes his sword , bids them deliver up their souls , and upon this condition he will spare their lives : signailla quae tyrannis et latronibus non desunt , what more do tyrants and thieves ? but sure the christian religion stands not in need of such helps , whose principles in themselves are attractive and magnetical , enamouring souls , and leading them captive in the silken bonds of love with the cords of a man . chap. xiv . the benefit of humane learning , with an answer to some objections made against it . another sort there is wriggled in amongst us , who even in print and pulpits publickly bray against learning , endeavouring to seduce people into a belief that humane learning as they call it , is in no measure to be tolerated in a gospel-teacher , most wretchedly wresting scripture to apply those texts against preaching themselves to overthrow it ; a fallacie so base that they had need to cry up ignorance lest the cheat should be descried : as if learning and preaching themselves were termini convertibiles , the one necessarily implying the other ; whereas it is commonly quite contrary ; it is your sciolist , your fellow that hath scarce wet his lips in that sacred fountain , who will be dabling and patching that he may be thought a scholer , when as the most learned men , who are conscious of their own sufficiency , seldome or never , unless upon just , and necessary occasions make the least shew of it in their publick teaching . the truth of this is verified dayly in our eyes by the continual practice of many learned men amongst us . where shall we find more powerfull plainness , than in the works of the learned bolton , to omit the names of the rest , which are so well known to all ? thus shall we see your coward , the common braggadochio , and those the greatest boasters who have the least in them ; for such being conscious off their own baseness , endeavour to make others believe them to be brave fellows , which they know themselves not to be , and to make up in shew what they want in reality ; whereas your valiant man is still silent , and lets his acts speak for him , knowing according to the proverb , that good wine needs no bush , and that worth will be taken notice of without proclaiming it at the market cross . . but the apostles were poor fishrmen , and the like , altogether unlearned , and therefore the gospel ministers ought to be so too . o horrid , jesuitical , nay diabolical sophistry ! we acknowledge that the only wise god in the carrying on of his great and glorious works usually makes use of such instruments , as seem despicable , and contemptible in the eyes of men , yea such as are altogether unable and unfit to hatch and carry on defigns of their own , the more to manifest that it is his work , and to shew his strength in their weakness , which , unless supported by omnipotency , would sink under it , as also to leave the obstinate without excuse : but though these may seem weak , yet are they made mighty through the power of god that strengthens them , and are abundantly supplyed from above with what gifts and graces soever are necessary for them : thus the apostles being poor unlearned fishermen , and the like , once called , and invested with the apostleship , were endued from above , had the gift of tongues , immediately were taught by the holy ghost : and who dares affirm them unlearned then ? or deny skill in the tongues necessary for the office of a teacher , which god , who doth nothing in vain , by miracle bestowed upon them ? and what now though they wanted acquired learning , so they had it infused ? and god was pleased in that extraordinary time , in an extraordinary manner to endow them , must we therefore now neglect the ordinary means , and tempt god to work a miracle to be able to answer a gainsayer ? but let us but consider how faithful an handmaid learning hath been to religion ; how the armor-bearer hath helped jonathan to destroy the philistimes ; how necessary it hath been to maintain religion , and oppose idolatry ; by the help of learning have the ministery of england been enabled to defend the truth , and oppose errour , to ward off , and put by the blowes and thrusts of their antichristian adversaries , and to strike with the edge , and give them the true point , to the wounding & destroying of their superstitious tenents . thus we see the learned whitacre disarm their goliah , confute their bellarmine , foyl their chosen champion , unwind the subtil jesuite , trace him through all his maeanders , meet him at every turn , beat him from outwork to out-work , from sconce to sconce , till he hath driven him out of all his strengths , and left him not a lurking hole to hide his head in ; when the most that we could expect from a dean of dunstable could be bellarmine thou lyest , neither shewing sense or reason , but his say so . but it may be said , thank a good cause : yet may the best cause be spoiled by an evil mannaging , and the most bright and shining truths be obscured in a dark lanthorn , yea let them be whiter than snow , they may be sullied by dirty fingers , and more transparent than glass , yet may be cracked when clumsie fists shall come to handle them . this the jesuites know , which hath been the cause of this strange attempt , for it is most plain by the poyson now vomited , that some of those serpents are wriggled in amongst us ; they have tryed our weapons , and to their smart know the sharpness of them , no marvel then they endeavour to disarm us ; learning hath kept them out , no wonder then they attempt to introduce ignorance the mother , which could they effect , they are assured popish devotion the daughter would not be long kept out . neither can this seem strange unto us , if we but consider their practice in the lutheran church , where it hath been usual with the iesuites to seem to become proselites , to heighten and continue the division between them and the calvinists ; or what a late author of our own , who seems not to be unacquainted of their practices , writes of them , the jesuit reckons it in the number of his merits , if he may by any sinister wayes ruffle and disorder heretical kingdomes ( so he calls them ) encourage weak and unstable minds to slight magistracy , irritate divisions , tumults , rebellions , absolve from oaths , and all sacred tyes ; so that its hard to find any tragical scene , or bloody theatre , into which the jesuite hath not intruded , and been as busie as davus in the comedy , contributing in a very high measure to every fanatick insolence , justifying the old lemma of loyola's picture , cavete vobis principes : these are the firebrands of europe , the forge , and bellows of sedition , infernal emissaries , the pests of the age , men that live as if huge sins would merit heaven by an antiperistasis . concutiunt populos , vexant regna , solicitant bella , diruunt ecclesias . and it is for certain written from beyond the seas , that the english colleges are emptyed , and all those emissaries sent abroad , whither , unless amongst ●s ? chap. xv . an answer to some objections against learning , in a book entituled , the saints guide . and the same author goes on , nor is any nation without some turbulent spirits of its own , the dishonour of the gown , and pulpit , the shame , and sometimes ruin of their countrey ; one of which hath late started this question , whether or not all that much magnifyed natural reason ( which we think dignifieth us above , and distinguisheth us from brutes ) and all that humane learning ( which we conceive exalts and rectifyeth reason ) be the fruit of the forbidden tree , and is a spurious and adventious faculty , which man wanted in his innocency , and was instilled into him by satan in the fall ? a quaery satan himself might blush to put , and yet the book stuffed with this and the like doctrine , is cloathed with the specious title of the saints guide ; the wolf adorns himself with the lambs skinne , the fiend transforms himself into an angel of light : it is not amisse to mark the phrase he reproaches learning in , then how he coucheth his doctrine , lastly his divinity in these words , which man wanted in his innocency . indeed the old serpent told eve that the fruit of the forbidden tree would encrease their knowledge , but except him , and this disciple of his , i never found any affirming that man wanted any thing in his innocency : but suppose this diabolical doctrine true , if man wanted learning before , he much more wāts it since the fall ; the author of such stuff may well cry out against reason and learning . but to the question , that reason was depraved and darkned by the fall , we allow , and that by the help of learning it is in some measure restored , we affirm , and so consequently that there had been no need of acquired learning had man stood , no more would there of repentance : but doth it follow therefore , that now vve are fallen , vve should not labour for repentance ? let this fellow go and try whether he can perswade a man that is fallen into a pit not to endeavour to get out , because getting out is a fruit , and effect of his falling in . truly such arguing is instilled by satan , and such sophistry is a bastardly faculty which ingenuity , much more innocency , is so far from wanting , that it abhors and detests it . the fellow seems to be a scholer , i shall ask him therefore one question . is not reason the specifical difference of a man from a beast ? and was man distinguished from a beast by the fall , or the creation ? did the devil or god make him a rational creature ? behold then the horrid blasphemy couched in this query , which would insinuate the rational soul to be the product of the devil ; if this be not a doctrine of devils i know not what is . then for his parenthesis , ( which we think dignifieth us above , and distinguisheth us from brutes ) if reason doth not , what doth ? shape cannot , for so one beast differs from another : neither is it grace , for then all but beasts must have grace : and for his other ( which we conceive exalts , and rectifies reason ) hath not learning exalted and rectified his reason so far as to enable him from such and such premisses to draw such a and such a conclusion , to frame his syllogisms , to write and utter these words , positions , consectaries , quaeries , responsions , cognition , which his illiterate auditors and readers understand no more , than they do him and his drifts ? what but learning hath set his understanding above theirs , and enabled him to talk at a rate his ignorant followers onely can admire ? behold then you misled wretches what a guide you have got , who when all his sophistry , and abuse of his own reason and learning , all his logick and syllogisms are unable to overthrow reason and learning , goes about by his queries to undermine them ; who , when all his impudency dares not affirm , and all his ability cannot prove , endeavors by way off doubt to instill his poison , upon hopes that you will swallow & take for granted whatever drops from him : what is it you admire in this fellow , is it his railing against learning in others ? doth he not make use of it himself ? he disputes syllogistically , he is frequent in division , abounds in subtill and sophistical distinctions , talks hard words , rattles out latine , nay there is not one arrow in his quiver but is feathered with feathers plucked from learnings wing , nor is he able to speak or write , or you to read or understand one syllable , word or sentence against learning , but by its assistance . could you have read , could you have wrote , could you have understood one word had you not been taught ? why these are degrees of learning ; awake and behold the cheat , which would make you enemies even to that image of god which is imprinted on you , level you with brutes nay make you such : you see it is reason that distinguisheth a man from a beast , it is learning that improves reason , be not afraid of being rational ; this caytiff would deprive you of your humanity , that he might the easier destroy your christianity ; rob you of your reason , to bob you of your religion : for if he be not a very jesuite , yet is he the likest one that ever i met with ; if the tree may be judged by the fruits , his acts will a loud proclaim him a notorious juggler : and first behold how he cheats you in stating the question , for it is not whether by the help of humane learning a man may attain a saving knowledge to himself , whether he can save his own soul ; but whether he may not attain to such a knowledge as may enable him to hold out the way of salvation unto others : and that a man may do this , not only too too frequent examples do make out , but the apostle himself tells us in the cor. . . but i keep under my body , and keep it in subjection ; lest that by any means , when i have preached unto others , i my self should be a cast away ; a man may preach to others , and yet be himself a cast away : for this wretch dares not affirm that the apostle inspired by the spirit of god would suppose an impossibility : and the example of iudas clearly shewes that a man may have an outward call to teach , and yet be a reprobate ; was not he one of the twelve that was sent to preach the kingdome of god , and to heal the sick ? luk. . , . also the apostle in the tim. . . speaks of some , having a form of godliness , creeping into houses , leading captive silly women laden with infirmities : these hypocrites by the help of learning and parts could pray as devoutly , talk as holily , wrest the scriptures as dexterously , cogging the dy , making the word speak what they list , craftily applying it , having all the arts and methodes of consenage , even as he himself ; yet were they not taught of god ; it is cleer therfore that learning and parts perse ex propria natura can understand and so apprehend the mystery of the gospel , as to hold it out so to others , that the hearers cannot discern by the teaching an hypocrite from a true believer , notwithstanding all his positions . you may behold also how finely the holy text is wrested by him to no purpose in his following arguments , for unless he prove that a man by the help of learning cannot attain to such a knowledge as to be able to make an outward profession , he proves nothing . and that this sophistry is malicious , not ignorant , his answering two objections will fully clear . object . . that though humane learning be an enemy to the law of god while it is in an unsanctified heart , yet when the heart is truly turned to god , then it becomes a sanctifyed instrument , and a good hundmaid to theology . solution . to this he answers , that though the heart be truly sanctified , in which humane learning doth inhere as in its subject , yet doth it not follow that learning it self is , no more than sin can be said to be sanctified , though the heart of a sinful man may be truly said to be sanctifyed : for acquired learning of it self , and of its own nature , is nothing else but sin , and therefore remains so still , and cannot be truly nor properly said to be sanctifyed , no more than sin . but if by being sanctified , they mean that the providential wisdome of god doth order it , or make use of it for the good of his people , i oppose it not , so that it be understood , that that good flowes not from the nature of acquired knowledge it self , but from the wisdome and goodness of the spirit of god , who maketh all things work together for the benefit of those that love him , who are called according to his purpose , and so no more can properly in this respect be predicated of it than of sin it self , which in that case ( though not as an entity , for non entia ad modum entium concipiuntur ) is said also to work for the good of gods saints . first to this we say , that the habit of sin is destroyed , there is a mortification of sin , as well as a vivification of grace , as rom. . . how shall we that are dead to sin , live any longer therein ? and ephes. . . you hath he quickned who were dead in trespasses and sins . now the habit of learning is not in the least diminished , much less destroyed . secondly , that the whole man with all his endowments is sanctified , as thes. . , . and the very god of peace sanctify you wholly , and i pray god your whole spirit , and soul , and body , be preserved blameless unto the comming of our lord jesus christ . faithful is he that calleth you , who also will do it . now then , either learning must be sanctified , or something remains unsanctified . thirdly , that acquired learning , of it self , and of its own nature is not sin , for sin is a transgression of the law , iohn . . verse , for sin is the transgression of the law , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . now what law forbiddeth learning ? where is it written thou shalt not be learned ? and sure were learning either in it self sin , or left unsanctified in a sanctified heart , we should not find the ●●●stle paul giving thanks for it in cor. . . i thank my god i speak with tongues more than you all : and the holy ghost describing apollos leaves him upon record to be an eloquent man {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , the word usually is taken for a learned man ; and see what followes , he helped them much which believed , for he mightily convinced the iewes , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , which the learned beza in his annotations renders , magna cum contentione , and he gives the reason of it , vti volui hac perphrasi ut graeci vocabuli emphasin servarem , quo significatur eloquentem hunc hominem omnes ( quod aiunt ) nervos revincendis iudaeis contendisse , i have used this periphrasis , that i might preserve the emphasis of the greek word , by ●●ich is signified that this eloquent man employed the utmost of his abilities to convince the jews . behold then what divinity your doctor teaches , who is not onely content to bely learning , but sanctification , making the holy spirit work by halves ; and as he plaies the knave here , so in the latter part he plaies the fool , fighting with his own shadow , and keeping a coil about nothing , for the very objection , as he himself hath put it , asserts the good to flow from the sanctification of learning , not from its own nature , it makes it a handmaid , and so does he ; untill he comes to his conclusion , which how true it is , as it sufficiently appears by what is said , yet will be more manifest if we consider learning in it self to be indifferent either good or evil , according as it is used or abused , now is sin so ? suppose a man shall make the glory of god his onely end in his attaining learning , that thereby he may be better enabled to read , converse , dispute , and speak concerning the mysteries of salvation ( for could he have written or spoken as he doth without it , unless by help of a miracle ? ) will he affirm this learning to be sin ? is the physical act sinful , or doth the moral circumstance cloath it with good or evil ? something more then may be predicated of learning than of sinne , which cannot be conceived in any other notion than of sin . object . . again , if it be objected , that though learning be not effectual to the understanding of the mystery of the gospel , yet it is prealent to the compleating of the literal and historical knowledge thereof : take this here , that these objections are of his own cloathing , the terms are his own . solution . to this he answers . though it may conduce to the gaining of literal , and historicall knowledge , yet this is not ad idem , because it profiteth nothing ; for truth it self bears record , it is the spirit that quickneth , the flesh profitteth nothing ; and men are made able ministers of the new testament , not of the letter , but of the spirit ; for the letter killeth , but the spirit giveth life . so that all literal and historical knowledge gained by mans power , is but like the principle from whence it slowed , fleshly , earthly , deadly , and destructive . to this we say , that what he saith here against learning , may as well be said against reading , teaching , and hearing , there must be fit and outward organs , there must be eyes , a tongue , and eares , and these must have a body to subsist ; is all reading , hearing , and teaching therefore like the principle from whence they flow , fleshly , earthly , deadly , and destructive ? behold then whether these scriptures are wrested or no ? do you think they are to be understood to condemn all outward means , or onely to shew that outward means without the inward assistance and operation of the spirit cooperating with them were unable to beget saving grace in a soul ? do you conceive the spirit of god in them disallowes all reading , teaching , hearing , or only forbid to put such a confidence in them as to esteem them able in themselves to confer eternal life upon us ? besides , i that place in the corinths , the letter signifies the law , of which moses was a minister , the spirit the gospell , which christ brought and delivered to his apostles and ministers ; for look but into the chapter and you shall see the scope of the apostle is to advance the ministery of the gospel above the ministery of the law : was not this rightly applied then against learning ? can you imagine he himself can th●●k them to mean what he puts upon them ? but i leave him , and so i hope will you ; yet i could wish some able pen would take him task , and 〈…〉 the impostor . chap. xvi . the abuse of learning no argument against the use of it . but as this fellow cries down , so are there others which too much cry up learning , who will entail the ●ift of teaching upon it , and allow none to teach but an vniversity graduate ; which is no other than put bounds to god , to limit the holy spirit , hither and no farther shalt thou go ; but because these men idolize it , must we execrate and abhor it ? because the persians adored the sun , must we christians refuse the comfort of its light and heat ? in thus doing we run as far out of the way on the one hand , as they do on the other . let them consider how many under the light of the gospel furnish'd with the helps of humane learning are strangely unacquainted with the knowledg of christ crucified ; a plain experienced christian ( notwithstanding their auxiliary forces ) only by the help of a bible , will put a whole army to flight ; surgunt indocti et rapiunt coelum , when they in the mean time do but , as he speaks , ornare diabolum ; they become learned spoiles , sapienter descendunt in infernum , they go cunningly to hell . and then on the other side let not us be so silly and malicious as to put the fault in learning , whereas there is no greater vicinity than between truth and goodness ; heaven is full of knowledge , as it is of holiness ; and it is brimfull of both : if some will not make a right use , or will abuse their learning , must learning suffer ? can there be a more gross abuse than , as , isocrates speaks , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , to lay the blame on the thing , not the man ? some men with weapons commit murders and outrages , shall not others therefore have any for their own necessary and just defence ? some make themselves drunk , may not others therefore drink to maintain life , and to comfort and chear the heart ? noah was drunk with wine , shall not timothy therefore drink a little for his stomachs sake , and his often infirmities ? tim. . . a subtil jesuiticall knave wrests scripture , may not a minister of the gospel therefore quote it ? the first abuses his learning to pervert , and destroy , shall not the second make use of his to instruct , and edifie ? upon this account all things might be condemned , even profession it self , and all religious duties , which have been by some abused , and prophaned . chap. xvii . the mischief of ignorance . these things thus weighed , will not the improvement of nature beautified & adorned with supernatural grace make men more serviceable , and instrumental for gods glory ? when the strength of learning , and the power of godliness unite and concentricate their forces , will they not make up the finest and purest complexion , the soundest and bravest constitution , like a sparkling and vigorous soul , quickning and informing a beautiful body ? can religion desire to shine with greater gloss and lustre , can it desire to ride among men in greater pomp and solemnity , in a more tryumphant charriot than in a soul of vast intellectualls ? let us but consider our poor ignorant and unlearned ancestors , with yellings , and howlings , with the horrid noise of brazen and copper pans and bazons hammered on and beaten , endeavouring to help the moon in the ecclipse , whom they thought they did great service to ; and whence proceeded this but from ignorance of the natural cause ? what prayers , what sacrifices did an ecclipse of the sun produce ? all presently supposing he hid his face for anger , as the poets report he did at atreus his banquet , — verterit cursus licet sibi ipse titan , obvium ducens iter , tenebrisque facinus obruit tetrum novis , nox missa ab ort u tempore alieno gravis . seneca , thyestes , and they in danger of an eternal night , and not only be , as one speaks notably of the suns adorers , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , without their god by night , but for ever : and indeed what advantage did the devill make of ignorance in the time of popery ? what a quarter did he keep with his hobgoblins , and fairies ? o , darkness is his delight in the understanding as well as in the air , and doth it not lay men more open to his temptations ? what a tryumph would the prince of darkness lead could he get us all into his livery ? this plutarch an heathen could perceive , knowledge , saith he , frees men from that superstition , which frights , disturbs , and entangles with sinister conceits of the deity , others , who are ignorant of the natural causes of things , and in its place induces a secure piety , and holy confidence in the divine power ; and he instances in the head of a ram with one horn growing in the midst of the front brought to pericles , which when the southsayers converted to an omen , anaxagoras the philosopher dissecting the scull shewed it empty on the sides , and the brains lying in the midst in an oval form just where the horn took root , cleerly convincing them of the natural cause . let us consider how a poor bishop was degraded by a whole council , and the popes infallible worship too boot , for writing and maintaining that there were antipodes , people inhabiting the other side of the worldly globe , a thing known to every ship-boy in wapping : and what will nothign serve our turns but a herd of such teachers ? a drove of such doctors that may bring us in one age to a degree above bleating to be as far from understanding , as they from being able to speak sense ? when a dutch sophister with this doughty fallacy , the scripture commands us to reverence and obey our elders , but the dutch state is the elder state , therefore the scripture commands the english state to reverence and obey the dutch ; or , asses have eares , englishmen have eares , therefore englishmen are asses , shall puzzle our whole nation , and none be able to answer him , unless by down-right telling him he lyes , & so instead of confuting , confirm him in his wild assertions . lastly , let us consider with what impatience we would hear a man that went about to perswade us to burn our ships , break our guns , destroy all our arms and weapons , and lay our selves naked to the invasion and rapine of any forein enemy ; and shall we not with the same disdain and abhorrency behold these pedling truckers under satan , who would disarm our souls , prostitute our understandings to the lust of every subtill sophister , make us like to the horse and mule which want understanding , ready to take the bit into our mouths to be rid by each deceiver , and to crowch down under the burdens which every sly and cunning knave shall please to load us with ? do we so much detest the slavery of our bodies , and shall we not abhor to see our souls led captive , our understandings drawn in shackles after the triumphant chariot of every impostor ? our lord and savior teaches us , that though a man both strong and armed keep the house , yet if a stronger than he come , he will enter and take possession ; these imps of the destroyer suggest , that the lame and blind are only fit garrison souldiers for the strong holds of the new jerusalem , as if religion were the capitol that onely geese must defend ; alas , had there not been a manlius and other valiant and armed romans , the gauls could not have been kept out by their cackling . thus much for learning , as it is useful in religion , what advantage it is of to the civil state shall be discoursed of hereafter in its proper place . chap. xviii . of moral vertue in general . before we proceed further , it will not be amiss to consider moral vertue in the general , as of good conducement to our better understanding of the particular vertues which follow in order to be treated of in our subsequent discourse , and to our easier attaining and imbracing them in our future practice . and first of the name ; the greeks according to some denominated it {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , from mars their god of war , because in war the efficacy of vertue seemed most perspicuous . others fetch its derivation {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , from choosing , because vertue is above all things to be chosen . the latines called it virtus a vir which antiently was solie applyed to a valiant man ; thus cicero in offic. nomen virtutis , inquit , antiquitus solius fuit fortitudinis , vertue , saith he , was the badge heretofore onely of fortitude . but since experience teaching that man was not only to strive with man , to combate the common enemy , but also with his own disorderly affections easily misled by the allurements of riches , delights , and preferment , it became the tryumphant ornament of those that were victorious over themselves and these temptations , which indeed is the more noble conquest , and most manly , as performed by the force of reason , the weapon only man can use . lastly there are some , who not unpleasantly alluding will have it tearmed virtus , quasi viri artus , as it were the joints and lineaments of the mind . now , as the name hath been diversly derived , so hath the thing been variously applyed . as first , to signify in general the power and perfection of any thing , hence we often meet with these and the like phrases in english , by vertue of gods power , wisdome , omniscience ; by vertue of the soul , of the heavens , of the elements , of such or such a plant , mineral , or living creature . secondly , to denote promiscuously all habits as well infused as acquired , thus we say by vertue of grace , faith , &c. thirdly , it is taken for a natural inclination or disposition : thus aristotle in ethic. cap. ult. we possess vertue by nature , and by nature we are temperate and valiant . lastly , it is most properly taken for an habit of the mind , acquired by use and frequent exercise , and thus we are to accept it as an habit ruling the will and appetite of man , and conforming and composing his manners for the help and ornament of humane society . and now having viewed it in the gross , let us a little descend to take it in pieces , wherby the true nature of it will be more plainly understood . the nus is an habit , and we prove its lineage by its coat armour . plutarch de virtut . moral . {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . there are , saith he , three things in the mind , the faculty , the affection , and the habit ; the faculty is the principle and matter of the affection ; the affection is a certain motion of the faculty : but the habit is the strength and conformity of the faculty gotten by custome . now vertue being to be reduced under one of these heads , we must examin to which it doth conform it self . by vertue men are accounted good , as by vice bad ; but by the faculties which are natural and bear themselves in an indifferent posture to this or that ; and by the affections by which we are only moved , and become not , neither are accounted such or such , we can neither be termed good or bad ; it remains then that the habit gives the denomination , and that vertue is an habit , and so aristotle l. . ethike. . cap. . defines it to be {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . the difference must be fetched from the matter and form ; now the matter is the subject and object , for no other ▪ matter can be attributed to accidents ; the subject is the will and appetite , the internal object , are the affections , and actions springing from those affections ; the external objects are the persons toward which , and the things in which vertue is exercised . the form is a mediocrity or mean to be observed in all our affections and actions which exces renders violent , defect lame and imperfect . now vertue consists in indivisibili medio , in an individual mediocrity ; {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . for there is but one path leads to vertue , but to vice many . {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} for good is single , evill of many shapes ; yet is this indivisibility not to be taken in a mathematical , but a moral construction , which admits of some latitude , for its the prudent admonition of some eminent moralists , parum deflectere à medio in excedendo , vel deficiendo , non est vitium semper existimandum ; cum medii quaedam sit latitudo , intra quamse continentes bene agunt , a small declining from the mean either on the right or left is not alwaies to be accounted vice , sith there is a certain latitude in mediocritie , within the limits of which , men containing themselves act well . thus a valiant man by the smart and sight of his wounds may be transported with anger and thirst of revenge , yet it being in the lawfull and just defence of himself and countrey , a resolute and eager charge will be no excess from true fortitude , and for the other extreme we have a noble example in the roman consul catulus , who when he could not perswade the greatest part of his army to abide in their camp , being terrified with the approach of the cimbrians , commanded the eagle , the roman standart , to be advanced , and marcht away himself in the head of them , that they might appear rather to follow than desert their general . here he forsook his camp , and those resolute souldiers that staid to defend it , for fear lest the body of his army who would go should be utterly disheartned , and being publickly branded with deserting the consul , might set light by their fame already blasted , and so the commonwealth then threatned might be greatly endangered by the loss of such an army , which would either have disbanded , or fought untowardly . and to come closer , vertue is not {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , an absolute calm without the least perturbation , but {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , a symmetry of the affections regulated by measure , squared by the golden rule of mediocrity . and as there is a latiude to be considered , so is the proportion which is geometrical , not arithmetical ; it is medium rationis , non rei : for vertue doth not equally differ from its extremes , as six doth from two and ten , as for example , liberality comes nearer to prodigality than covetousness . yet the attaining this mediocrity being a thing of the greatest difficulty , for as it is easie to be angry , so is it hard to be angry with these necessary circumstances , with whom , how far , when , wherefore , and in what manner we ought , it will much avail us to take these helps , laid down by all or the most experienced moralists . first , let us endeavour to shun that extreme which seems most contrary to vertue ; yet here must be care taken lest by endeavouring to avoid one we run into the other extremity according to that , dum vitant stulti vitia in contraria currunt . and , incidit in scyllam cupiens vitare charybdim . thus as the nymph calypso instructs vlisses being to sail between scylla and charybdis , two dangerous rocks in the sicilian sea , rather to avoid charybdis as the more dangerous , but yet still to have an eye to scylla : homer . odyss. so we must avoid that extreme which is most opposit to vertue as more destructive , yet with care of the other too : superstition is liker piety than atheism , we had better therefore be a little too tender , than to make no scruple , a little too formal , than openly prophane , here the excess is less contrary ; but here again the defect , for abstemionsness altogether to forbear wine is more like temperance then drunkennes , and this our reason will instruct us to judge of . yet the prudent perswade for the most part to avoid the excess , as of more difficulty to be shaken off : and indeed it would be more facile to bring an abstemious person to a moderate use of wine for his health sake , than to disswade a drunkard from his tipple though his health , nay life lay at stake ; and of this opinion is cicero in i ▪ de orat suus cuique modus est , inquit , tamen magis offendit nimium , quam parum . there is a measure to be had in every thing , saith he , yet excess is the greater offender of the two : and where we find one voluntarily starving himself , we shall meet with thousands destroyed by surfetting . secondly , let us strive to avoid that extreme which we are most enclined to by our natural temper ; as if we are covetously enclind , let us endeavour rather to be a little too profuse , and so by degrees we may become liberal . {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . this aristotle illustrates by an apt simile of streightning a stick : for he that will make a stick streight must do it by bending it to the contrary side . thirdly , we must in every action be very suspicious of that which seems to entice with the alluring bait of pleasure , and this aristotle confirms by an argument drawn from the pernicious effect of pleasure . and thus cicero in catone . impedit consilium volupt as rationi inimica et mentis oculos perstringit . pleasure , saith he , that foe to reason , lays a bar in judgements way , and dazzles the eye of the understanding : and again in . lib. offic. voluptates blandissimae dominae saepe majores partes animae à virtute detorquent ; those flattering mistresses , pleasures , do often enveagle and draw the nobler parts of the soul from the practise of vertue , and seneca in epist. . quis hostis in quenquam ita contumeliosus fuit , quam in quosdam voluptates suae ? no professed enemy hath been so injurious and spitefull , hath wrought a man so much disgrace , as their own pleasures , their bosom delights have done too many , one dalilah hath been more powerful to captivate a sampson , than all the lords , than all the thousands among the philistimes . and as a help we shall adde this , that proposing the most sublime , and heroical patterns of vertue for our imitation , we shall the less square our actions by the crooked and deceitful rule of pleasure . he that shall make cicero his example shall never become a cataline : nor shall the admirer of a studious and contemplative athenian , of a couragious and active lacaedemonian , incur the infamy and effeminacie of a delicate sybarite , or a dissolved persian : thus when the glory of miltiades once disturbed the sleep of themistocles , when his victory at marathon had made a conquest also over the others debauchery at athens ; you see how soon he broke those silken cords of pleasure , wherein he was noos'd , and the sense of honour having set an edge upon his affections , he soon cut that gordion knot , whereby he became first victorious over himself , and after over asia ; i mean the numerous persian with the strength of asia then invading greece , and of a dissolute young man , became the most famous captain in his time greece could boast of ; of such efficacy is a noble example . whereas on the contrary , as cicero in laelio , nihilaltum , nihil magnificum , nihil divinum suscipere possunt , qui suas cogitationes abjecerunt in rem humilem et abjectam . the latter phrase is very emphatical ; he that trifles away his thoughts in a low , and abject contemplation , shall never come to be fit for any high , any noble , any heroick undertaking . thus the muck worm that pores upon the ground continually will never arrive to the liberal science of astronomy ; and we cannot but suppose that he shall shoot neerer heaven who takes his aim at a star , than he that levels at a gloworm . the efficient cause of vertue is custome ; which is the genuine parent of an habit ; thus when we see a man wallow in vice , we say he is habituated to it , yet have there been some who have endeavoured to alter this pedegree , and to engraft this excellent cien on another stock . gallen a physician , would bring it under his cure , and place it within the verge of his art , and could he do it , it would be no smal addition to his calling , both in respect of honour , and profit ; which would abound in admirers , and never want patients : how necessary would the physician be to the body politick as well as natural , could he rectify and purge the manners , as well as the humours , and not only help men to live , but to live well ? o the sacred power of that physick , which could purge out vice , and be a cordiall to vertue ! thou hast a fragrancy beyond the ointment of the apothecary ; whose shop alas cannot be the cradle of vertue , neither can all his compounds compose the affections , all his distillations instill vertue , all his essences and spirits quicken that noble heat in the soul , it is beyond the power of chymistry to extract this habit , or to resolve corrupted nature into its first principle of purity . shew me that doctor that can by his physiek make the cholerike man meek , the coward , valiant , or the corrupt , just ; and let him enjoy the deity of aesculapius , and his ruined shrines be repaired for his service . i confess they can make the miser open his fist , and scatter his angells , when he is terrifyed with the dreadful apparition of death . this wretch , contrary to all others , who hold fastest when in danger of drowning , unclutching his gripe when he is sinking into the grave , and parting with his mammon , his beloved deity so long adored by him , when the devil appears ready to ceize him . but this is but like the cowards winking and laying about him when there is no remedy but fight or dy , like damaetas in the noble and ingenuous sydney , who when the sea would let him run no further , turnd , & had the hap to have his adversary cry quarter first ; and the one is as far from being liberal , as the other valiant . thus it seems , making for his profession , gallen attempts to cry up his own diana , and on nature beget a sire for vertue , for he will have it spring from a temperament of the body ; but though this may encline , yet doth it not necessarily draw men to vertue . . for we often see manners changed , the temperament remaining the same , as in the example of themistocles ; and the temper changed , the manners continuing , for in the life of marius we read , that though he was both old , gross , and corpulent , yet did he daily in publick exercise himself in arms among the young men , endeavoring to make his body active and nimble whether nature would or no : yea so fiery and young was his ambition that the i hill froast of age which had made his head hoary could not nip it , and such a thirst after honour burned within him , that six consulships adorn'd with the most-splendid tryumphs could not quench it , but his aspiring soul would have drawn his unweldie body craz'd with age , and loaden with honour , after it into pontus , whether he eagerly sought to be sent commander in chief against mithridates ; yea upon his death bed when he was light headed , fancying he was warring against mithridates , he would often use such postures , and motions of the body , as became a general , backed with a loud , and military clamour : alas poor man ! as if one sprig of laurel could have given thee content , which in a whole grove thou couldst not find , though springing from thine own conquests . . again the temper is not in our power , manners are , for if they were not , to what purpose would deliberation , counsel , exhortation , praise , reproof , laws , rewards , punishments be ? it is evident then that the temperament is not the proximate and chief cause of vertue . secondly , and as gallen , so the stoicks make nature the cause of vertue , which they hold born with man , but vice contrary to nature and acquired by evil custom . so that they themselves will have custome the cause of the acquired habit of vice , which grants our tenent , for having proved vertue to be a habit acquired , not an innate faculty , it must be the product of custome . besides , whatever is natural is immoveable , but manners are mutable , as in the before recited example of themistocles , and how often have our eyes seen young men of very promising beginnings debauched by evil company , to fall from that bright orb of vertue , in which had they been placed by nature they would have been fixed stars ? thirdly , some there are that ascribe vertues original to education , and breeding , and indeed this is very much conducing to beget the first acts of vertue , and to put youth in the right road to come to it , but it is not of force to creat the habit : for how many do we behold excellently initiated in this sacred mystery by a good tutorage , which when they come to have the reigns layd in their necks , gallop down hill , and break the neck of all those goodly expectations ? for the best instilled precepts though they may sometimes check , yet are they not of force to stop the carreer of the headstrong affections , and many are there , who can give good counsel to others , which they cannot or will not follow themselves . but let me not be misunderstood , for though we do not allow education to be the proximate and adaequate , yet shall we not deny it to be a remote cause , which by entering men in vertues path , which gon on in will bring to the habit , may be said to lay the foundation to this glorious fabrick . and thus though we cannot in justice conferre the crown as to have reached the goal , yet let it carry the prize for the first start ; though we must deny it the tryumph due to an absolute victory , yet shall we put the murall crown on its head , for having first mounted the wall , and first erected vertues ensign upon the battlements . let it then not be neglected , but of all receive its due esteem , as the most excellent trayner up of youth , the most noble file-leader , who well followed conducts to victory , that happy victory which will render us invincible , place us above the reach of any enemy , carry us out of fortunes gun-shot . now the rest enjoying what is their own , let us give custom its due , which is to be the efficient cause of vertue , enabling men by an often repetition of such or such a vertuous action , to a ready and unperturbed performing it upon occasion ; for to descend a little in a simile , how come your artificers to become excellent , unless by often practice , or your souldier to be expert , but by exercise ? and it is a maxim amongst military men , that a man never so well versed in speculation , who hath all the arts and stratagems of the most renowned captains at his fingers ends , yet at the first skirmish will be to seek ; and can we think the repugnancies within are less disturbing than enemies without , and require not a mind as well experienced to resist and quell them ? to sum up all the etymon of the word {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} moral , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , derived from the word which signifieth custome , may confirm us that it hath its original from the thing from whose name it derives its denomination . for it would be no more a soloecism in speech to call the son of van trump an english man , than that moral or customary vertue , which is sprung from the loins of temperament , nature or education . but now to prescribe a set number , to tell how many acts go to the making up an habit , is impossible ; for . fewer or more are requisite , accordingly as the mind is less or more enclin'd to vertue . . some acts are more powerful , others less valid . . attention makes large amends for number , whose worth , by way of exchange , may viewith hundreds , and , when put in the scale , far outweigh them . neither let any of us fear to overdo , to act vertuously too often . the external causes of vertue are the examples of others , as in the before-named example of miltiades and themistocles ; and rewards and punishments , as we shall shew more fully in their proper-place . the end of vertue , is bonum civile , the common good , the general interest of mankind , and this must needs be lovely in all our eyes , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , saith the philosopher , it is honourable to do good to one , to a nation heroical ; it is neer of kin to divinity for a man to be able to contribute towards the welfare of his whole species : and magistrates , men in publick place , of whom it is spoken , i have said ye are gods , are placed by god for the common good ; those that are set to rule , like the sun should be full of light , and heat , visible in example , and powerful influence . chap. xix . of probity , and the practice of it among the romans . the external object , as it relates to the persons towards whom vertue bends its eie , delivers it janus-like , looking forward by piety upon god , backward by probity upon man , providing a well-being both for soul and body , and directing us for the benefit of our selves and others . of the first , piety , we have aready spoken , the other , probity , is therefore that which remains for the subject of our persent discourse , and this meets us well accompanyed , noblie followed , as having all those vertues in her train , which are necessary to enable us in performing our duties as we stand in all relations . for its denomination , we find it termed by the greeks {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , and by the latines honestas , from honos honour ; so ingenuously provident were the antients that it might not be so much as mentioned without its due , honour . and indeed it is the very abstract of the other vertues ; it is the ci●cle from whence those noble lines are drawn , and the center in which they meet ; it is the salt that seasons them , and the soul that informs them , that bestowes their glorious being . without this , prudence would be but cunning . justice , in execution , but a more specious and reserved kind of revenge ; in distribution , but a keeping of credit to maintain our trade ; in rewarding , but a bribery to gain affection , and encrease our dependancies . fortitude , but a brutish audacity , and daring rashness to render our selves terrible , and gain domination . temperance , but a kind of senslesnes and stupidity , a stoical piece of tyranny over our bodies . hence grew its esteem among the moralists , which generally make the other vertues spring from the pregnant womb of probitie ; and hence came it to be honored among the romans , which they beheld blessed with so glorious and numerous a progeny , attended by so beautifull a company of daughters . this was it set numa on the throne , and made them with one consent call him from a private country life to govern rome , passing by the most noble among both romans and sabines . it was this fetched serranus from the plough , and adorned him with the absolute & uncontrollable power of dictator . this encouraged them to elect cato to be censor , and pass by the noblest competitors , when instead of courting the people , he seemed to threaten them , proclaming , that by choosing him and valerius flaccus , whom they also made his collegue , the city might be purged of its new corruptions , and antient probity of manners restored . this made fabritius , when the physician sent him word , that if he pleased he would poison pyrrhus , return the letter to pyrrhus with this exprobration , that he was most unfortunate in his choice of friends , as well as enemies ; which when pyrrhus had received , and hanging his physician , returned the roman captives without ransom , fabritius sent as many captives of his with this admonition , that he discovered the treason not for any favour or respect he bore to him , but to let him know that the romans abhorred by treachery to destroy their enemies . pyrrhus had then invaded italy , had overthrown the consul laevinus , and was grown numerous by the revolt of many of the people of italy who lackied to his fortune ; his physician unsought to , even of his own accord , offers to rid them of this danger , yet so great was their love to honesty , they chose to undergo any hazard , rather than to connive at a dishonest act , or in the least to bear with it though in a stranger . behold o matchivilian , this is that which truly establishes a state , when thy unworthy policies , though they may be prosperous for a while , are never long-lived , and thy rotten props will in the close fail thee , and bury thee in the ruins of that thou buildest upon them . produce me an example , where although prosperity might lead the van , reproach and ruine did not bring up the rear ? where thy villanies flourishing for a day , were not frost-nipt at night ? where though they might bud in the morning , and blow at noon , they were not blasted in the evening , and their purple changed into sables , their rosie-tinctured mantles into nights black livery , double dy'd in infamy and horror ? whereas vertuous honesty renders states and persons stable like it self , whose glorious edifices in the roughest and most boysterous storms stand unshaken like their foundation : yea and alwaies cloathes them with the tryumphant roabs of success , who in its armour of proof have combated their foes . this was it set rome aloft in spight of all opposition , and raised her on her feet , when ready to be trampled on by her fiercest foes . this was it upheld her courage in the midst of the greatest losses , and made her enemies tremble in the height of their victories , as accounting her invincible in her vertue , which would make all force stoop and vaile bonnet in the end . thus may we see pyrrhus even reeking with a bloody victory , dispatch away his ambassadour , and stretch out his victorious arms to implore a peace , whilest the beaten roman disdains to treat , and can hardly be brought to give any terms to the conqueror ▪ rejecting his profered friendship , as much as his gold and bribes . for his ambassadour could not fasten the least gift on any private person , nor obtain any other answer from the senate , than a command to leave italy , and that the consul was comming , and in the head of the roman legions should deliver their terms . this made fabritius contemn his profered gold , deride his stratagem of the elephant , which was suddenly brought upon him to try if they could terrifie him ; refuse his profer of being next the king ▪ if he would continue with him ; and return this brief answer , i am no more moved at your beast , than i was with your gold , and for me to live with thee would be perillous , o king , for should thy subjects once come to know me , they would choose rather to serve me than thee ; account fabritius more worthy of the throne , than pyrrhus . this was it carried cato the elder through the greatest oppositions of the roman nobility , and set him above the reach of their envy and malice : this gave him the suffrages from all his competitors , the antient and noblest roman bloud backt with all its factions and dependancies being unable to stand in competition with a plebeian probitie , or the whole patrician order to put stop to his being chosen censor , yea and whom he pleased to be joined with him . this was it , not affection or money , yea that in despight of favour and bribery brought him off in all his accusations ; so that he never was once condemned though fifty times impeached , but in every action had the day ; yea this gave him the confidence to demand his greatest adversary to be judge at his last tryal , who also gave sentence for him . so potent is honesty , that malice it self cannot but yield , and either openly acknowledge , or tacitly confess , that her roughest and best-edg'd files can't touch it . who would not then imbrace this so potent , and excellen vertue ? which even wrests encomiums out of the mouths of enemies : which could make pyrrhus with admiration cry out , that it was easier to turn the sun from its course , than fabritius from his integrity . and his ambassadour cyneas return this answer , when askt what he though of rome . that it was a city of kings , and a senate of gods ; every private person vertuously commanding his affections , and the magistrates divinely influential for the publike honor and safety . and now comming to handle the particular vertues , we shall follow cicero l. . offic. in his division of them into prudence , justice , portitude , and temperance , under which all necessary honest actions may be reduced ; and these are commonly called the cardinal vertues . prudence that directs our reason , the other govern our appetites , as fortitude and temperance in adverse and prosperous affairs concerning our selves , justice in that which pertains to others . chap. xx . of prudence . this vertue is called by the greeks {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , from the mind , whose chief ornament it is : by the latines prudentia , quasi providentia à providendo , it foreseeing what is to be avoided , what to be chosen , as most apposit for the wel-being of our selves and others , it being also its special employment to provide for the future , and we are only to look upon it in its politick capacity , as it is reduced under moral philosophy : for though it may be accounted an intellectual vertue in regard of its subject and efficient cause , as having its dependancy on the understanding and judgement : yet in respect of its object and end it becomes also moral , as which leads not only to contemplative but practical felicity , and beholds civil good as its most lovely object . and indeed prudence is {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} the master workman , the principal agent in the raising and composing of the noble frame of vertue , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} : for as this directs , so do the vertues , and vertuous men act : this draws the lines of election , in whose rectitude the main force of vertue lies ; this squares and contrives by deliberation , making the timbers fit , and the whole structure decent and usefull : yea so necessary an ingredient is it in morality , that aristotle and with him all the moralists have concluded , first , that a man cannot be vertuous , unless he be prudent ; {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} : for vertue is not only an habit consonant to , but joined with right reason . secondly , that a man cannot be prudent , unless he be vertuous : for he must have a right end in all his actions , which is inconsistent with crooked manners . qualis vita , finis ita , may be well enough apply'd here ; besides , vice perverts the judgement , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , and like a cheating trades-man shews colors by a false light . it is therefore affirmed on all hands , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , that by prudence and vertue , every work is made absolute , vertue setting up a right end , and prudence making choice of apt means to bring us to that end . prudence thus comming within our verge , let us inquire what it is : and first we find cicero in l. ● . de invent . thus telling us , that prudence is an exact knowledge of what is both good and evill , prudentia est rerum bonarum , malarum , utrarumque peritia . and lipsius makes it , notitia rerum eventuumque , et judicium in iis rectum , an ability in knowing , and judging a right of things and events . aristotle defines it , l. . eth. c. . {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , an habit conjoined with right reason , conversant and operative in those things which bring good or evil unto man . and now having viewed its essence , let us a little consider its operation , and we find its employment to consist in a solid deliberation of those things which are good and profitable , not particularly onely to health & strength , but which generally conduce to a vertuous and happy life , lib. . ethike. . e. . and this not by deliberating of the general precepts , and lawes of living , which are certainly defined , but by consulting how to square each single act by the streight rule of vertue ; for in the variety of circumstances upon which the rectitude or pravity of action depends consists the obscurity , and in this consultation is solely requisite : and now counsel being taken , prudence decrees that good is to be chosen before evil , the greater good before the lesser , and the lesser evil before the greater ; yet this onely in malo tristi , non turpi ; for the prudent man alwaies shuns the least baseness ; therefore the philosopher tells us that there are some things which are to be abhorr'd above torments , or death it self ; thus pericles being intreated by a friend to give a false testimony , returned this answer , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , i 'm only to help my friends in such things as offend not the gods ; and the french history affords a memorable example of this in the prince of conde , who being trecherously surprised by charles the th . and word sent him that he must choose either to go to mass , to dy , or to be perpetually imprisoned , nobly answered , for the first , by gods assistance , i will never do it , for the other two let the king do as he please , yet i doubt not but god by his fatherly providence will turn all to the best : he refuses the crime , neither would be choose the punishment , lest he might seem to disavow his own innocency : whereas david , convinced of his guilt in numbering the people , by choosing the pestilence , before sword or famine , as a more mild and fatherly punishment , acted the part of a prudent man , sam. . chap. xxi . of the causes of prudence , natural parts , experience , learning , travel , &c. the chief causes of prudence may be reduced under three heads , nature , vse , learning . first , there must be some foundation in nature , some ground whereon to build , ex quovis ligno non fit mercurius , every block will not make a mercury , it is in vain to wash an aethiopian , and though a fool be brayed in a morter he will never become wise : therefore the moralists generally hold these three things requisite to the acquiring of prudence , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , a cleer judgement , a quick apprehension , and a strong memory ; the two first being necessary to a right judging , and readily applying apt means for gaining our end . thus thucydides in lib. . gives us an eminent example in the person of themistocles , who without long warning or tedious consultation , by the very acuteness of his understanding gave the best counsel : in future things he could exactly conjecture what would happen ; in present affairs he was quick of dispatch ; he was most dexterous at discovery in unknown , and in obscure things above all men could foresee what might be for the better , and what for the worse : to sum up all , what by the strength of nature , and help of deliberation , he became so exact , as he seldome or never missed his mark . and livie in . dec . lib. . shews another in cato major , in hoc viro tanta vis animi , ingeniique fuit , ut quocunque loco natus esset , fortunam sibi ipse facturus fuisse videretur : nulla ars neque privatae , neque publicae rei gerendae ei defuit , urbanas , rusticasque res pariter callebat : ad summos honores alios scientia juris , alios eloquentia , alios gloria militaris provexit ; huic versatile ingenium sic pariter ad omnia fuit , ut natum ad id unum diceres , quodcunque ageret . the last which is memorie furnishes us with examples and presidents by which we are taught both by other mens losses or advantages , what course , and how we should steer in all our affairs . thus the philosopher in his little book of the vertues stiles memory the cause , and that known verse , usus me genuit , mater peperit memoria , makes vse the father , and memory the mother of prudence . demosthenes saith it is required in a prudent man to remember what is past , to dispatch and mind what 's present , and to provide for what may happen . and isocrates gives this rule , that when we deliberate , we ought to consider of past examples , for by calling to mind things that are gone , we shall be better enabled to make provision for things that are to come . we shall sum up this with that of strada in his prolus. academ. qui memoria prae aliis valet , glorietur tanquam excellenti vitae bono , tanquam thesauro , et penu disciplinarum , germana literaturae , musarum parente , altrice sapientiae , insigni demum argumento divinitatis ; as was observably eminent in those prudent men homer , aristotle , seneca , and especially julius caesar , who is reported never to have forgotten any thing , but an injury . the second help is use or experience , which furnish us with an insight in single actions , which are most necessary the prudent mans knowledge ; natural abilities , and learning do often make men opiniative , and to presume themselves knowing and wise : but it is experience that brings solidity . the greatest clerks are not alwaies the wisest men ; therfore theognis concludes {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , opinion to be of evil consequence , but use of the best concernment ; to which lipsius assents , especially in those that are are to sit at the helm in a state : indeed this is it which in every art makes a man his crafts-master ; and there is both a civill and military art requisite to the well-governing of a state : therefore your experienced soldier is chosen to command , and men most versed in state affairs held fittest for counsel , and government . suppose we were to perform a far voyage , or to enter an unknown and dangerous harbour , would we not choose him for a pilot who had oftenest steered it , who was best acquainted with the passage ? truly let us consider and we shall find a common-wealth may properly enough be likened to a ship , and the mannagement of affairs to steerage ; thus horace ode . o navis , referent in mare te novi fluctus : and the ingenuous and learned johnson in his catiline brings cato thus speaking to the then chosen consul cicero . — each petty hand can steer a ship becalm'd : but he that will govern , and carry her to her ends , must know his tides , his currents , how to shift his sails ; what she will bear in foul , what in fair weather ; where her springs are , her leaks and how to stop them ; what sands , what shelves , what rocks do threaten her , the forces , and the natures of all winds , gusts , storms , and tempests . when her keel ploughs hell , and deck knocks heaven , then to mannage her becomes the name , and office of a pilot. thus the prudent man must not onely be well acquainted with his own strengths , the ability of the means he hath chosen as fit to bring him to his proposed end , but with the vigor and force of whatsoever is likely to oppose him : he must provide for open assaults , and countermine against underhand practices , for should he depend onely upon his own power , he will be at loss upon every opposition ; he will bowl short of his mark , unless he allow for rubs , which may be in the way . and hence it is that the moralists generally exclude young men as incapable of prudence , who by the natural heat and vigor of youth are too fiery , apt to presume and run headlong into action without any deliberation ; whereas grave men , through use , and experience are made wary and provident ; they will look before they leap , consider whether they shall be able to carry on such or such a design , maugre all opposition , before they imbark themselves in it : therefore homer being to present a prudent counseller under the person of nestor , makes him years of age ; a man of the greatest experience , who had waded through the employments of three ages . the third help is learning ; for there being so great a variety , such nooks , and corners in action , that light is necessary on all sides to further us in our search , it will be need full for us that would be prudent to fly to learning for aid , which can afford us noble and copious assistance . as first history , which is as it were another use , but of a more vigorous capacity . man clog'd with matter can move but slowly , and by his birth and outward concernments is commonly circumscribed within some narrow nook or angle of the world , where he is constrain'd to spend that shorttime of life which nature allowes : so that let him employ his utmost diligence in observation , and most strictly take notes , his knowledge can arrive but to the half of one ages experience , and that too but of a few nations actions ; whereas history layes before us all mankind in all ages acting in whatever as yet hath happened , and providing for ▪ and against whatever could fall under humane consideration , so that we shall not meet with any affair which may not be paralleld , and which we may not find mannaged by others , even to our hands , in the large volume of history . this is that which can make a young man prudent , and exalt his experience above the oldest he that shall stand on tip to upon his own observation : this is that upon whose shoulders a dwarf in years setting his feet , shall see further than a nestor , than the tallest gyant standing on the ground of his own experience . this is that , which not only enriches the memory with variety and plenty of actions and examples , but also enobles the mind with excellent and choise precepts , with good and wholsome admonitions ; for wise and prudent men generally being the penmen to history , have flourished her about , and embroidered the edges of her garments with rich and precious maxims , costly and curious observations of their own . we will conclude histories character with heinsius , est certissima divinae erga homines benignitatis obses , veritatis mater , vitae norma , actionum propagatrix vera , prudentiae ( ut quidam apud graecos loquitur ) metropolis . haec aetatem nostram cum aetate aequat universi ; haec imaginem , non corporis , sed vitae , sed consiliorum , sed animi ad posteros transfundit , et expressam non in aere , aut ferro , non picturae beneficio aut plasticae , immortali rerum ac verborum copia delineatam omnibus spectandam exhibet . and it is reported of lucius lucullus , who conquered two great kings , mithridates and tigranes , that by history he was trayned up to that skill in martial affairs , which rendred him both an able and victorious general , one who with foot , and horse , besieged the great city tigranocerta , and beat tigranes comming to relieve it with darts and slings , foot , and horse , of which were armed cappa●pe . secondly , as history , so philosophy , as first moral , confers much help in attaining of prudence . as . in teaching those peculiar rules of life , and canons , according to which the prudent man governs his counsels ▪ and actions ; besides , it is generally held that a man cannot be prudent unless he be vertuous , now the readiest way to become so is to know what vertue is , and wherein it consists , which moral philosophy teaches , together with the means to attain it . to sum up all , prudence it self , with all its precepts , and rules , is here handled ; whether then should we go for water but to the fountain , where it is most pleasant , dulcius ex ipso fonte bibuntur aquae , most abundant , and most easie to come by ? secondly , speculative philosophy is a great help ; this confers sapience , a dear friend , and support to prudence , upon whose precepts prudence builds , and laies the foundation of its rules ; as for example , upon the doctrine of the rational soul , the doctrine of the will , and of the affections : neither can any man be prudent , unless he be able to discern those various circumstances of persons , places , and times , all which are distinctly handled in speculative philosophy . thus aristotle affirms sapience to be marvellously profitable for the solid understanding of humane felicity , ( which is the end prudence proposes ) both because the operations of the will have their dependency upon the operations of the understanding , for we will after the same rate as we understand ; as also because many arguments may be drawn from speculative philosophy which may much conduce to the exercise of vertue ; as an insight into the temper of our bodies may perswade us to temperance . and lipsius commends both moral and speculative philosophy ; duae istae partes formant hominis animum , vel ad virtutis amorem , & pretium , vel ad notitiam caelestium , & terrestrium , è quibus magnitudo animi oritur , & simul modestia , collatione utrorumque , because both of them create in the mind of man as well a love and esteem of vertue , as a knowledge of the nature of caelestial and earthly things , from which springs magnanimity , and modesty too by comparing each with other . to sum up all with that known saying of divine plato , then commonwealths shall become happy , when philosophers are made magistrates , or magistrates addict themselves to the study of philosophy . thirdly , philology , a skill in languages is of much importance to a prudent man , by which he is made able not onely to converse with , but to dive into the actions of foreiners ; indeed all commerce , all correspondences , all leagues are beholding to this , without which nation could not discourse with nation but by signs , by mopping and mowing as monkies do : and it would be as possible for us to understand the cats wawling in our gutters , as an ambassadour , or merchant which could not speak english . lastly , both geometry , and geography are of no small use to advance prudence ; and aristotle is bold to affirm it impossible for a young man to be prudent without skill in the mathematikes , . eth. . c. but to these three , to wit , natural parts , vse , learning , we may adde as instrumental causes both a careful observation of examples , and also travail ; thus we shall find demosthenes affirming {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} : and terence , hoc vero est sapere , in aliorum vitam tanquam in speculum intueri , et ex illis exemplum capere tibi quod ex usu siet . the wise man dresses himself in the glass of other mens actions , in which he may discover what is comely and fit for him : and homer gives travail for a chief cause of prudence in his vlysses , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . and now i shall sum up all with a few examples , which are held by many more prevalent in perswasion than advice or instruction . and first , solon the athenian law-maker was not onely endowed with parts , exercised in affairs , improved by travail , but excellently learned , as many of his writings testify ; yea so desirous was he of knowledge , that upon his death-bed being visited by some friends , he lifted up his head , and listned to their discourse , and when asked for what end he was so attentive , returned this answer , that knowing this , i may dy more learned . thus epimanondas , the glory of thebes , is reported by thucydides to have studied much , but {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , without effeminacy . thus philip , thus alexander , thus philopomen , cato the younger , julius and augustus caesar were learned , the latter of which discharged a consular legat , as rude , unlearned , and unfit for imployment , because he had writen ixi for ipsi . thus marcus antonius the good emperor was called the philosopher , and that famous lady isabella of spain , and the incomparable elizabeth of england were studious and learned . chap. xxii . of the prudence of the romans . this victorious and fortunate common-wealth was so sensible of the necessity of this vertue to the wel-being of a state , that they took the greatest care to provide that able and prudent persons should only be admitted to the mannagement of affairs : as for example , they had their lex annalis , the law that provided , that none should bear office before such and such an age , because they would not have unexperienced , rash and imprudent young men trusted at the helm of state . thus latinus pacatus in laudat . theodosii . annorum , inquit , ita cura fuit majoribus , ut non solum in amplissimis magistratibus adipiscendis , sed in praeturis quoque aut aedilitatibus capessendis aetas sit spectanda petitorum ; neque quisquam tantum valuerit nobilitate , vel gratia , qui annos comitiali lege praescriptos , festinatis honoribus occuparit . thus cicero philip . . legibus annalibus cum grandiorem aetatem ad consulatam constituebant , temeritatem adolescentiae verebantur . thus ovid . fast . — finitaque certis legibus est aetas , unde petatur honos . and we find that those that set the fewest will have years of age the time wherin the first office to wit of quaestor could be born ; for that of aedilis , and tribune or . for praetor . for consul , or . as cicero plainly tells us in phil. . quid alexander macedo , qui cum ab ineunte aetate res maximas gerère caepisset , trigesimo tertio anno mortem obiit ? quae aetas nostris legibus decem annis minor quam consularis . and though this law might now and then be dispensed with in some extraordinary danger , and for some more than ordinary worth and vertue in some single person , as scipio africanus , scipio aemilianus , and pompeius magnus : as there can be no general rule but may admit of some exception , especially where the reason of the law pleads against the letter , which taken strictly would deprive the state of the service of such eminent citizens when her dangers would admit of no delay : yet for the general it was inviolably observed until the unruly and tyrannous monarchs turned this topsie turvy , together with all other their most sacred laws and liberties . thus also we shall find lycurgus that wise lawgiver among the spartans , ( who so long as they observed his rules were the most eminent state among the greeks ) would admit none into the senate , unless he were sixty years of age . but we shall conclude this with some few examples which may convince us throughly of the benefit of prudence . cato the elder being consul , had spain alotted for his province , which was then near to a total revolt ; coming thither the celtiberians , a warlike and populous nation , offered to aid him for talents ; this proposition was generally disliked by the romans , as a thing unworthy the roman magnaminity , by money to buy aid or friendship , until the consul convinc'd them how small a thing the celtiberians demanded , without whose aid there was no hopes of victory ; for should we overcome by their assistance , we will pay them out of the enemies spoils , said he , but should we and they be beaten , neither will they be alive to demand , nor shall we be left to pay . scipio africanus , being about to invade afrike , and carry the war to the gates of carthage , prudently seeing that a state which warred by mercinaries , would be weakest at home , selected able and resolute young men out of the roman legions , whom he kept about him , none knowing to what end , and being arrived in sicily , he commanded of the noblest and wealthiest sicilian young gentlemen to appear such a day with their horse and arms . the time being come , he demanded whether they were willing to go with him , or no ? for he had rather they should now tell the truth , than afterwards be unprofitable , and unactive , as such would be . wherupon one of them answered , that if he were put to his choice he should rather stay at home ; scipio commending him for his ingenuity , and calling one of the hundred roman young men , this youth , saith he , shall serve in your stead upon condition you will furnish him with horse and arms , and take him home , and exercise and teach him ; which he joyfully consenting to , all the rest presently desired a dismission upon the same terms : thus raised he a gallant troop , which did him great service , without charge to the common-wealth , whose treasury was emptyed by a long and chargeable war : and obliged the sicilians and their friends , by dismissing their persons from a dangerous war upon so small and inconsiderable a condition as that seemed to them , who would have given far more had they been put to their own choice . and indeed it is not so much the tax , as the manner of laying and levying it , that begets distastes , tumults , insurrections , and revolts . had scipio laid this charge of providing horse and arms , &c. upon these sicilian gentlemen , without any other circumstance , what mutterings would there have been ? why should we above all others be thus used ? and what hatred would it have procured him ? whereas doing as he did , first he seem'd to have a great confidence in their worth and valour , to choose them out of the thousands of sicily ; then a great regard of and civility to their persons , by enquiring whether they were willing to serve or no ; lastly a greater respect to their contentment than his own , by so gentle and easie a dismission of them whom he had honoured above others , and who by refusing to engage with him , disappointed his hopes , & made void the great expectations he had of them : and so by this means imposed an obligation upon them , who in another way would have looked on it as a great discourtesie . and as we find the benefit of prudence in these , so may we see the mischiefs which improvident rashness wrought in other examples . as in coriolanus , who by his stubborn and harsh carriage brought banishment on himself , a miserable war and disgrace upon his countrey , which at last caused his death . thus terentius varro by rashness and imprudency had almost ruined his country in that fatal and bloody battail at cannae . and multitudes of other examples we shall meet with in all histories , yea and in our own dayly experience and observation . chap. xxiii . of justice , and the roman practice of it . it would be a thing of the smallest concernment both to know and choose what is good and to accomodate our actions to the exact circumstances of place , time , and persons , unless we should acknowledge our selves obliged to vertuous actions , and to a total obedience of all her lawes , which is justices part to teach , whose praise were more proper for a prolix oration than the narrow limits of our discourse . aristotle in brief calls it , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , the best of the vertues , and plato {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , that neither the morning nor evening star are so admirable . cicero in l. . offic. justitia est virtus excellentissima , & splendidissima , omnium virtutum regina , ac domina . and scalig. exercit. . sect. . justitia est conservatrix conjunctionis humanae , quae conjunctio ad beatitudinem magna v●a est . indeed it is the use of other vertues towards others ; {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . for as the philosopher , there are many that can be vertuous for their own concernment , who in other mens will faulter . therefore as cicero , justitia foras spectat , totamque se ad alienas utilitates porrigit ▪ atque explicat . justice will teach them to act vertuously towards others . it is {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , a good to others , and indeed the most beautiful , perfect , and best vertue . for he is the most vertuous {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , who is good to others ; here lies the point ; hic labor hoc opus est , to make profit , pleasure , revenge , &c. give the way to vertue , to right and equity . it is called by the greeks {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , by the latines justitia , and it is either general which consists in a vertuous obedience of all lawes tending to the preservation of humane society , and this is {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} an universall vertue , according to that of the proverb , — {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} or particular , which is a keeping a mean and aequality in all those things in which adversity or prosperity hath to do , or wherein fortune rules ; to give the definition of both according to aristotle , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , it is an habit apting men to just actions , whereby they are enabled to do , and will just things . nowfor to handle this at large , i suppose would be to little purpose , there being none that perceive not that it is the chief duty , as being of general concernment , of the magistrate to look well to the exercise of this vertue : i shall onely therefore hint in some cases which are essentiall to the welbeing of a state . as first in cases of publick danger , the particular members of a state are bound in justice to help the publick with their private stocks , thus we shall find in the roman state ▪ liv. dec . . l. . they brought in all their gold , silver , and coined brass , reserving only enough for an ornament of distinction , and for the publick service of their gods , into the common treasury , and you shall have a motive , respublicaincolumis & privatas res facile salvas praestet : publica prodendo tua nequicquam serves . secondly , the magistrate , after the danger is past , is in justice bound to see these publick debts sati●fyed , there being nothing more to be preserved inviolable than the publick faith : besides prudence teaches this , for if the people perceive them negligent in their publick trust , it will make them refractory , and careless in their private duties . we shall instance no further than in trading , a man once breaking his word , will never be trusted upon his bond , and it would be a sad plunge to put a state to get another state to be bound for them , and an impossibilty to find any private security for such large sums . the third thing required by justice is , that the magistrate ought not in the least to incroach upon the right of particular persons , further than the common necessity or good requires : thus in the beforementioned place we shall find , that first the consuls , then the senate , then the roman knights brought in their gold , &c. they were examples to the people , not exactors upon them . and to say the truth , the magistrate is intrusted for the publick good , and it is not in his power to do a private injury , they are gods substitutes , whose glorious attribute it is , that he cannot do injustice and the peoples trustees , to rule for their good : now grant that they may extrajudicially take away one mans right , and it will follow that they may take away any mans , and all mens . the fourth thing is , inviolably to observe all leagues , treaties , and publick promises with foreiners : this will make them be believ'd , lov'd , and honored abroad . thus we shall see that the romans in defence of , and revenge for their allyes of saguntum , undertook that long , bloody , and almost fatal second punick war ; nay and when hannibal was in the heart of italy , yet sent they armies into spain , and upon the first opportunity restored that city , gathered the scattered inhabitants , bought those that were slaves , and took a sharp revenge upō their borderers , even to the final ruin of the nation which had been instrumental in their miseries . thus shall we see them restore the kingdom of egypt to ptolomy their ally , when driven out by a popular insurrection , nay and preserve it in his sons , whom he by will left to their protection , in spight of the force and ambition of the great antiochus . thus made them honourable , and procured them fast friends , and so it will any state that practises after their copy . the fifth thing is , to have a sacred respect to the persons of ambassadours , and agents ; who are indeed the ministers of peace ; and indeed there can be nothing more brutish , and lesse manly , than to affront and violate these doves which bring olive branches in their mouthes , whom the law of nations gives protection to : thus shall we find the romans taking no where so sharp a revenge as upon corinth , which had abused their ambassadors : and when they for respect to ambustius ( who being an ambassador to the gauls , had contrary to the law of nations taken arms and fought against them ) denyed to deliver him up as the faeciales their heralds a arms had counsel'd , in the sack of their city they paid the reward of slighting this sacred law , and had neer lost all by the unjust endeavoring to preserve one offender from justice . the sixth thing is , to endeavour first by fair means for satisfaction , and if these will not prevail , then to send them a publick defiance : this the romans constantly practised , as to instance once for all , liv. d. . l. . consul deinde m. acilius ex s. c. ad collegium faecialium retulit , ipsine utique regi antiocho indiceretur bellum ? an satis esset ad praesidium aliquod ejus nunciare ? et num aetolis quoque separatim indici juberunt bellum ? et num prius societas eis et amicitia renuncianda esset , quam bellum indicendum ? faeciales responderunt , jam ante sese , cum de philippo consulerentur , decrevisse nihil referre ipsi coram an ad praesidium nunciaretur , amicitiam renunciatam videri , cum legatis toties repetentibus res , nec reddi , nec satisfieri aequum censuissent ; aetolos ultro sibi bellum indixisse , cum demetriadem sociorum urbem per vim occupassent , &c. the seventh is , honourably to reward their own citizens who deserve well . and there can be ●o greater spur to vertue , nor a better way to propagate and increase it . thus we shall see what tryumphs , what ovations , what crowns were conferred on victorious generalls , and valiant souldiers ; as he that preserved the life of a citizen had an oaken crown , and he that first gain'd the top of the wall , a mural one , by the roman state . the eight is , duly and justly to pay those that serve them . and this will render them well-beloved , and well followed ; and though they make use onely of their own citizens , yet ought these to be well paid who gallantly venture their lives ; shall they be liberal of their blood , and shall others be niggardly of their purses ? besides , they leave their callings , and all other means of providing maintenance . thus was their a constant provision of lands among the romans for those that had fulfilled their time of warfare , neither shall we ever find a mutiny for want of pay ; and our saviour tells us , no man goeth to a warfare on his own charge . the ninth is , to have a tender regard of their widdowes and orphans , who have nobly lost their lives in their countrey's defence . shall we enjoy rest , and abundance , & see theirs perishing for want by whose valour we have been preserved ? besides , it is a great discouragement to others to venture their lives for us , when they shall see such a calamity in their deaths ready to cease the dearest pledges of their souls . thus the romans provided them portions out of the publick stock . the tenth is , to have the like regard of such men and their families , who have liberally layd out their own estates in the publick service , or have been so publickly minded , as that they have not regarded their private benefit . thus did the romans often bury great and noble captains , who di'd poor , on the public charge , and bestow their daughters according to their qualities . the eleventh is , to crown the memories of those who had done publick service , with statues , and tryumphant arches , which was every where to be seen in that noble and grateful city of rome . and as these are just , necessary , of good concernment for the nourishing of noble spirits , and producing brave actions , so on the other side it will be the same . twelfly , severely to punish all incendaries , seditious , trayterous , and cowardly persons , and that first to amend such , secondly to keep the publick authority from contempt , thirdly to terrifie others by their examples . thus seneca , ni mia enim licentia adversus malos , crudelitas est adversus bonos . and cicero , quare ita probanda est mansuetudo , ut adhibeatur reipublicae causa severitas , sine qua administrari civitas non potest . and indeed obsta principiis , to nip such practices in the bud , is the safest way , which by connivency may grow to such an height as it will be hard to resist : a small spark unregarded may kindle a flame that shall burn a city : and the romans were so careful in this , that the greatest services , and noblest extraction could not turn the scale of justice , as in manlius capitolinus , saturninus , tiberius and caius gracchus , catiline , lentulus , cethegus , &c. lastly , to take an exact account of those that shall embeazle or purloin the publick treasure ; tyrannize and oppresse the people under their charge . for connivency in such cases will be of very bad consequence , both in keeping the publick poor and behind-hand , in making officers knaves , and wicked , and in undoing , disheartning and enraging the people : therefore we shall find the romans very strict in this point , often calling to account and condemning , even some very eminent for other deserts , as in scipio asiaticus , marcellus , and those noble orations of tully against verres . and indeed this is the onely means to preserve peace and plenty ; for a poor people will be alwaies busling , and an oppressed careless to gather , or play the good husbands , not knowing how long they shall enjoy their own . therefore boaetius excellently saies , annuum bonum , non tam de magnis fructibus , quam de juste regnantibus existimandum , the one will quickly be devoured without the other . chap. xxiv . of laws , and the english laws . it followes now therefore , offenders being to be restrained , to shew what that is which must do it , and that is law , which is the proper medicine for a commonwealth in time of peace , in war there must be a sharper and quicker course taken : and indeed this is so necessary , that as livy saith , multitudo coalescere in vuius populi corpus , nulla re , quam legibus , potest , there can be no communion , no society without laws ; these preserve property , and encourage industry , whereas should men be left at uncertainties , they would like wild and ravenous beasts , wander , ceasing upon their prey where they met with any weaker than themselves : but this general assertion is taken for granted on all hands , we shall only therefore endeavor to give our thoughts in some paticulars , which seem to concern the laws of england . as first that our generous and knowing ancestors plainly perceiving that there could be no liberty where there was no law , were very careful to bring all things to a certainty , so that the very judges are obliged to take notice of it as well as the people , and are bound up to observe the law as much as plantiff or defendant : and this , because to set up arbitrary courts or judges were to leave the people to their will , and in a mist to grope after surmizes what such or such persons would determine ; and indeed until men were omniscient , or could prophetically foretel the imaginations of the rulers or judges hearts , it were the highest piece of injustice to call men to account for a thing committed against no law , and a thing not to be named to condemn them . what could a man call his own , unless there were tenures warranted and confirmed by law ? and to bring a criminal process for a thing no where declared a crime , would be a tyranny our monarchs in the worst ages would have blusht at . but it may be said , what need there so many ? these engender but strife and vexation ; truly for strife it s the effect of peoples perverseness , not the law : and should those actions of battery , actions upon the case for words , and actions of trespass be taken away , we should quickly see the people make themselves judges , and by revenging themselves fall together by the ears : our wise ancestors being aware of such a mischief thought it better to let them vent their petty animosities in a sute where some small matter of money might be thrown away , and spend their spleen in opening each others purse , than to fall into deadly fewds , wherein kinred on both fides would engage , and so print their revenges in murder and ruin , as we have heard practised in the northern parts of this island , and our forefathers saw , and provided against . for let us assure our selves , to provide no remedy by law against these injuries , which are the main beginnings of all quarrels , would not only make mem more ready to provoke , but others as apt to revenge themselves being provoked , and of what consequence this will be to the endangering the civil peace , good , and quiet of a nation , i leave to the world to judge . to conclude , as the law of england gives rules , and teaches men their duties , so is it the most careful and provident for their tryals ; it so abhors arbitrariness ( as the enemy of liberty , and father of injustice ) that it will not trust the matter of fact , and of law in one hand , but sets twelve men of the neighbourhood to give their verdict for fact ; against whom it allowes an attaint , and being found guilty inflicts on them a dreadful punishment ; so careful is it of the lives and liberties of particular persons , and so provident that justice should be impartially administred ; and now if any by his living in turky is become enamoured of slavery , let him choose arbitrary courts , for my part i desire a rule to teach me what may be an offence , and iudges who are bound by oath to observe that rule to give sentence , and twelve of the neighbourhood to enquire of the fact , and against whom their lies an attaint , and upon eviction a dreadful punishment , before an arbitrary court , though never so carefully picked , and so i am sure do all understanding english men , who any whit prize and value their liberties . another objection there is against the iudges , that they are for life ; and that such a continuance may make them remiss and sloathful , and that by a continual use they become less reverent of justice , as a work which dayly use makes tedious and clogging : not omitting that it may create faction and combination , as livy notes of the carthaginians , qui unum ejus ordinis , idem adversos omnes habebat ; as lastly that it may beget corruption by taking away fear of calling to account : and therefore the romans decurias iudicum scribebant , ex honestissimis , & ex censu ( ne paupertas ad culpam impelleret ) : sed non eas omnes assidue judicare vole bant , duntaxat quotannis certum & necessarium numerum sorte legebant , reliquis tunc feriatis . all this we allow in arbitrary judges , who cannot be too short a time limitted ; but where there are lawes according to which they are to judge , there they ought to have experience and knowledge , which must of necessity encrease by practice and continuance . thus the romans whilest they were poor and in continual war , there was no great cause of strife , wealth being wanting , and the war employing them and keeping them busie , so that they had little leisure for private brawls : but when they began to enjoy peace and plenty , they had their decemviri , which were of continuance , and still provided by new lawes to bridle new enormities . so that take away law and continuance will be as dangerous , as the loss of liberty and right will be inevitable ; for we must hold all at will , and have no rule to call judges to account by , whose will must be our final determination , and as they think so must the bell tink . chap. xxv . of fortitude , and the roman practice of it . this vertue by the greeks is stiled {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , from a man , because it is peculiar to that sex , and is seldome found in women , and that in regard of the temperament , which must be hot and dry , and in a heart which is well compact , solid , and full of spirit : therefore cicero . tuscul. viri propria maximè est fortitudo , cujus munera duo sunt , nempe mortis & doloris contemptio . we find it defined by the philosopher , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , to be a vertue keeping a mean in fear and confidence . and it is divided into publick and private . private is a noble and patient undergoing of adversity , as cicero . tuscul. fortitudo est scientia perferendarum rerum , vel affectio animi in patiendo , et ferendo , summae legi parens sine timore : et in l. . offic. fortis & constantis animi est , non perturbari in rebus asperis , nec tumultuantem dejici de gradu , ut dicitur , sed praesenti animo uti , et nec à consilio , nec à ratione discedere ; and horace l. . od. . rebus angustis animosus , atque fortis apparet — publick is a fearless under taking , and constant wading through such perils , wherein our deeds and examples may bring benefit to our countrey , and honour and renown to our selves ; and this where , when , and how we ought , as l. eth. c. . by this then we may behold , first ▪ that self murder is no fortitude , for as curtius saith , non fortium virorum est odisse vitam , sed contemnere mortem , but rather a cowardice that makes them fling themselves into the arms of death to avoid some more threatning evil . besides , they are injurious to the common wealth , which they deprive of a member ; yet here for a sea captain to blow up his ship rather than let her be taken by the enemy , is no point of self-murder ; for the aiming at his countreys good , and her enemies loss and ruine , acts the part of a valiant and faithful citizen . secondly , that duels are no effect of true valour , they being injurious to the common wealth . thirdly , sturdy theeves or robbers , which are not only injurious , and mischievous , but such as fight directly against the laws of humane society ▪ and they are so far from being truly valiant , that they are wicked and impudent : and therefore we shall find some of the antients define fortitude {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} ; fear of reproof ▪ and dread of infamy ; and it is commonly seen that those that most dread the lawes , least fear the enemy , and who are most quiet in peace , are most valiant in war , as plutarch in the life of agis , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . they are least fearful of suffering , who stand most in aw of doing evil . much more might be said of this manly vertue , which for brevity we omit , and shall refer those that desire further information , to that masculine discourse of aristotle in l. . eth. cap. . for the roman practice of this vertue , it is so obvious in their histories , as we shall hardly find the least foot-step of cowardice in that gallant and victorious commonwealth , whose noble citizens in all occasions were most ready to devote their lives for their countrie , and sacrifise their rags of mortality , to immortal fame and renown . and indeed the love of our countrey , and noble thirst after honour , are the great agents in this glorious production : for what man that is fully perswaded of his duty to the first , and the reward he shall receive from the last , can be faint-hearted or cowardly ? — fax mentis honestae gloria , saith the poet , and as velleius , nec potest quidquam abjectum , & humile cogitare , qui scit de se semper loquendum , a man will hardly be brought to act basely , who shall consider he shall stand on record , either infamous or renowned ; yea such a record , as time every day more and more publishes , as lipsius , vt sol in aurora tenuior , assurgit , & inclarescit ; sic ex virtute , & meritis fama cum aevo ipso augetur , & crescit . what man in flight comming to a bridge , and remembring horatius cocles , would not make a noble stand , and either live with him , or dying live his equal in history ? i shall sum up all with that of polybius , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , riches are common , but bravery of mind , and the glory and renown that springs from it , is peculiar to the gods , or such men as come neer them . chap. xxvi . of temperance , and he roman practice of it . this vertue by the greeks is called {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , quasi {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , as it were the preserver of prudence : for pleasure and grief corrupt {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , those faculties which are to consider of action : and a mind taken up with either of these cannot well intend the end for which {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , all things ought to be chosen or dore . now temperance moderating these passions keeps the mind undisturbed , and deservedly is stiled , the conservatrix of prudence . we shall define it , a vertue preserving a just decorum in the desiring and enjoying sensual delights : for grief , which comes within its verge , that only arises from want of fruition . it is therefore the duty of a temperat man to abhor dishonest , moderately to desire , and enjoy lawful pleasures , and not immoderately to grieve when deprived of them . now lawful-pleasures are such as first {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , conduce to bodily health , or as {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , exceed not our estates , and misbecom the rank and quality we live in . and of what avail this vertue is to the preservation and growth of a state , history and observation every where , and every day , may clearly make out unto us . this was it set rome upon her legs ; this is it that made her citizens able of body , both to fight , and endure the field ; this made her captains contemn bribes ; and her generals in the height of , military heat , and success , slight pleasure , and constantly keep the publick good , and their own honour in their eye . thus shall we see the noble curius , when the conquered samnites profered him gold , shew them his dinner ( for he was at their coming cooking it himself ) which was a few rape roots in a pipkin , telling them there was no great need of gold to furnish his table , and that he had rather command over such as had gold , than possess it himself . and when some complained that he had assigned too little of the conquered lands to private men , and too much to the publick , he told them , he hoped that there was never a roman citizen which would count that land too little which was sufficient to maintain him . thus shall we see scipio africanus , when the souldiers brought him a most beautiful damosel , taken in the sack of new carthage in spain , and hearing she was betroathed to allucius a young prince of the celtiberians , he sent for him , and not only bestowed on him his beautiful bride , but a great sum of gold as her portion , which her parents brought for her ransome . let us behold the event , this young prince goes home rapt with joy , filling every place with the praise and merit of scipio , telling his countrymen , venisse diis simillimum juvenem , vincentem omnia cum armis , tum benignitate , ac beneficiis , there was a godlike young man arrived , conquering all both by force and bounty : and within a few daies returned with horse to scipio's camp . thus by his temperance he advanced the roman cause , which he prefer'd above all private pleasure , and gave carthage a greater blow in this victory over himself , than in that other of taking their city , though the most considerable they had in spain ▪ i shall conclude all with that speech of asdruball surnamed the kid , the carthaginian legat to the roman senate , raro simul hominibus bonam fortunam , bonamque mentem dari : populum romanum eo invictum esse quod in secundis rebus sapere , & consulere meminerit : & hercle mirandum fuisse , si aliter facerent : ex insolentia , quibus nova bona fortuna sit , impotentes laetitiae insauire : populo romano usitate , ac prope jam obsoleta ex victoria gaudia esse , ac plus pene parcendo victis , quam vincendo imperium auxisse . god hath given england her share of success , we have not of late known what it is to be conquered , but as if we had been the adopted sons of victory , she hath perch'd upon our conquering ensigns , and pitch'd her pavilion among our tents . o let us then endeavour not to be transported with any unbecoming passions , which may force this glorious virgin to blush , to hide her head , and be ashamed to keep us company any further ; but as we increase in power , let us grow in vertue ; thus shall we be established , and to our wreaths of palm and laurel shall the olive chaplet be added , and we enjoy the pleasant fruits of peace at home as well as honourable esteem of valour abroad . — sic , sic juvat ire — per altos virtutum gradus patet ascensus ad aeternitatem . finis . notes, typically marginal, from the original text notes for div a e- a gales . b ree . c the downs . d rebellion . e the first invasion . by the lord protector. whereas the enemies of the peace of this nation ... england and wales. lord protector ( - : o. cromwell) this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) by the lord protector. whereas the enemies of the peace of this nation ... england and wales. lord protector ( - : o. cromwell) cromwell, oliver, - . england and wales. council of state. sheet ([ ] p.) printed by william du-gard and henry hills, printers to his highness the lord protector, london : mdcliv. [ ] title from caption and opening line of text. dated at end: . of may, . reproduction of the original in the british library. eng great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no by the lord protector. whereas the enemies of the peace of this nation (notwithstanding the many signal providences of god in frustrating of england and wales. lord protector a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - john pas sampled and proofread - john pas text and markup reviewed and edited - pfs batch review (qc) and xml conversion by the lord protector . whereas the enemies of the peace of this nation ( notwithstanding the many signal providences of god in frustrating of their former counsels and malicious designs ) do appear still restless in their attempts , to involve this commonwealth in blood and confusion . in order whereunto divers of them have lately repaired to london , as well from beyond the seas , as from several parts of this common-wealth . his highness with the advice of his council , hath therefore thought fit , and doth hereby expresly charge and command , that for the better discovery of persons ill-affected to the peace of this common-wealth , the constables of the respective parishes within the cities of london and westminster , burrough of southwark , and the lines of communication , do forthwith after the publication hereof , repair to the several houses within their respective paris ; hes , and require from the housholders a list of the names of all such persons as now do , or did lodge in their respective houses on friday night last , being the nineteenth of this instant may , or at any time since , with their several qualities and conditions , and how long they have been lodged there . and all and every the said housholders are accordingly to deliver to the said constables , or one of them , a true list of all such names upon perill of being reputed and dealt withall , as complices and partakers in the said designs . which lists so delivered , the respective constables of the parishes within the cities of london and westminster , burrough of southwark , and lines of communication , are within forty eight hours to deliver to the lord mayor of london , and bayliffs of westminster and southwark , respectively , whereof the said constables are not to fail at their utmost peril . and the said lord mayor and bayliffs are to return the lists so to be by them received , to his highness council at white-hall , immediately after the receipt thereof . and his highness doth likewise strictly command and require , that no person or persons whatsoever , lodging within the lines of communication , do change his or their several and respective lodgings , or depart out of the said lines for the space of ten daies after the date hereof , without a special licence and pass in that behalf obtained from the lord mayor of the said city of london , or bayliff of westminster or southwark respectively , under their respective hands and seals ; which pass the said lord mayor and bayliffs of westminster and southwark respectively , are hereby authorized to give to all such persons concerning whom they shall be satisfyed , that they have no ill intentions or designs against the common-wealth , and to none else . and if any such person shall presume to depart out of the said lines , within the said time , without licence obtained as aforesaid , it shall be reputed a contempt of this his highness command , and be punished according to its demerit . and the lord mayor of the city of london , and bayliffs of westminster and southwark respectively , are to cause this proclamation forthwith , after publication thereof , to be sent to the several constables as aforesaid , and to require and demand from them an account of their proceedings thereupon . given at white-hall the . of may , . london , printed by william du-gard and henry hills , printers to his highness the lord protector , mdcliv . contemplations upon these times, or the parliament explained to wales. digested into three parts. i. containing, a brief, faithfull, and pithy history of the parliament, ... ii. cleer resolutions of such doubts, as his countrymen of wales are not so well satisfied in, as could be wished: which are reduced to these points, touching the [brace] king. covenant. common-prayer-book. iii. a closer application unto the state of wales, ... / written by a gentleman, a cordiall well-wisher of his countries happinesse. lewis, john, esquire. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing l thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) contemplations upon these times, or the parliament explained to wales. digested into three parts. i. containing, a brief, faithfull, and pithy history of the parliament, ... ii. cleer resolutions of such doubts, as his countrymen of wales are not so well satisfied in, as could be wished: which are reduced to these points, touching the [brace] king. covenant. common-prayer-book. iii. a closer application unto the state of wales, ... / written by a gentleman, a cordiall well-wisher of his countries happinesse. lewis, john, esquire. [ ], p. printed by r.vv. for nath. vvebb, and w. grantham, at the gray-hound in pauls church-yard., london, : . dedication signed: john lewis. the words "king. .. common-prayer-book." are bracketed together on title page. annotation on thomason copy: "aug: th". reproduction of the original in the british library. eng england and wales. -- parliament -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason e _ ). civilwar no contemplations upon these times, or the parliament explained to wales.: digested into three parts. i. containing, a brief, faithfull, and p lewis, john, esquire. d the rate of defects per , words puts this text in the d category of texts with between and defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion contemplations upon these times , or , the parliament explained to wales . digested into three parts . i. containing , a brief , faithfull , and pithy history of the parliament , wherein ( as in a mirrour ) is represented the marvellous mercies of god in its preservation : whence it is evinced , that doubtlesse it is designed for some notable purposes of his in these later times ; and ( by some materiall probabilities ) even to set up the kingdom of his sonn● in all the world . ii. cleer resolutions of such doubts , as his countrymen of wales are not so well satisfied in , as could be wished : which are reduced to these points , touching the king . covenant . common-prayer-book . iii. a closer application unto the state of wales , interwoven with sundry remarkable and profitable observations . written by a gentleman , a cordiall well-wisher of his countries happinesse . london , printed by r. vv. for nath. vvebb , and w. grantham , at the gray-hound in pauls church-yard . . to the religious , and most vvorthy , sir robert harley , knight of the bath . sir thomas middleton , knight . master iohn glynne , recorder of the famous city of london . eminent members of the honourable house of commons . and all other his worthy friends and country-men , that either are , or shall be members of the parliament of england . if ever it was true , it is now , that scribimus indocti , doctique so that it may grow almost a question , whether now the sword , or pen is most busie ? or more effusion of ink , or blood ? what here offers it self to your view , comes from a modest and peaceable hand and heart , and meerly relative to the good of those countries , whose happiness i am confident you prefer before any particular interest . conceptions of this kinde i have not yet seen any ; and though ( praised be god ) our hands are pretty well restrained , yet that our hearts be wholly purged of the old poyson , there is some slender endeavour to inform our country-men with the right understanding of the parliament , and its principles , and clear demonstrations of gods speciall providence and goodnesse in its preservation ; so that to harbour a thought against it , we must take heed we be not found to fight against god : i confesse them but a rude heap of thoughts ; i have laboured to be seneca his scholar , and in writing to observe his rule , not so much the quemadmodum , as the quid , being assured none can be more eloquent , then he that hath well conceived a truth ; it is with things of this kinde , as with burthens of the womb that are teemed with perturbations and dangers , they prove lesse thriving ; and what is here might have appeared more comely , had they not been conceived at such times and places , when and where indeed i durst not scarce owne them as thoughts . worthy sirs , whatever they are , they implore your favourable acceptance , they court neither for praise nor preferment ; if the poore author may not still be under the insultation of our old enemies , mutato nomine , and enjoy but common iustice , it is the apex of his desires : i would not be behinde for my poore mite to further the great work , which ( blessed be god ) i hope i may say is a finishing , wherein i , not unlike that bird , ( that is fabled ) when the kings of asia contributed great treasures to the building of a temple , it having no other wealth , went thither to present her feathers . truth was never without adversaries , but never more mortall ones then now . you may see i have drawn in its quarrel : you are gods champions , and its ; i humbly beg i may not suffer , but let your countenance and protection be at hand , and i shall humbly pray , that as he hath singled you to be instruments of his glory here , you may so act , and honour him , that hath so honoured you , that you be partakers of his glory and blisse for evermore . the prayer of him who ever hath been , and will be ever really devoted to you in this great service of god and his country , john lewis . part . i. containing a brief , faithfull , and pithy history of the parliament , &c. to my country-men of wales . some have been curious in observing the resemblance between the state of israel , and this of our land . truly , gods great mercies and deliverances towards us , have no small affinity with theirs ; and our sins and ingratitude towards him , doth but too unhappily maintain the comparison betwixt us . but ( me thinks ) there cannot be a passage in all histories , prophane or sacred , that more suits to the present fate of our kingdom , then what befell israel by that unhappy king rehoboam , king. c. ▪ chron. c. . although comparisons-run not quatuor pedibus , yet in this the paralel holds strange : the cause of that great rent in the state of israel is rendred , that rehoboam refusing the councel of the old men , and following the councel of the young men . i wish this were not too apparent in our present case . his majesty ( it will be objected ) ever expressed himself willing to ease our yokes , &c. his willingnesse could not otherwise better appeare , then to hearken to his old men , his councel , his parliament : and what semblances soever were cast in our eyes , had the lord permitted us to have had the desert of our sins , and to have let the parliament have been mastered and destroyed , notwithstanding all fair words and promises , we should ere this , in stead of whips have felt scorpions . kings act not by their proper minds and persons , but by their instruments and councels ; and wofull experience hath taught us the truth of this , whereof we would be incredulous , when the parliament gave us timely notice of it . i have often mused , what magick and enchantment is in the name king : i confesse we should behold them as a kinde of visible deity , but not make them a deity ; and do we lesse , when in the point of this war we pretend conscience toward the king , and nothing at all toward god ? what was there more common in blasphemous mouths , to warrant them in their barbarous murthers , then those words of holy scripture , honour the king , touch not god's anointed ? how conscientious would they be ( forsooth ) of these words , and make no bones of any other words of holy scripture whatsoever . i wish they would have taken the words in their order , and put feare god , before honour the king ; and adde to touch not mine anointed , — do my prophets no harm . never was there more cause to cry out , o tempora ! o mores ! i am not sorry that men are so prone to render their duties to the king , but am sorry they make so little of rendering any thing to god , ( horresco referens ) what more common then blasphemies against god and his truth ? it is but our sport to question his essence , and to deride the simplicity of his holy word , yea prefer some humane peeces before it , making our tables even merry with such discourses : and let there be but reproof for such monstrous tenets , oh , then all is for triall of wit , and arguments sake ; whereas such pleas should not hold against earthly monarchs . it was amongst heathens a rule , impia consuetudo contra deum disputandi , sive seriò , sive simulatè . i have read , that remigius explicating the history of the passion unto king clodoveus after his baptisme , he was so moved thereat , that he put his hand to his sword , and spake in anger , that had he and his french been by when his master was so used , he would have revenged it . with what more generous impatience should every christian heart be transported , when such affronts and indignities are offered to the name and honour of almighty god : i wish we may not be so altogether intent upon the papist , as to overlook the hatefull atheist . it is known , holy martyrs should not be suffered to speak gracious words , but have been gagged , and iron bals put into their mouths : oh that wicked atheistical mouths were sealed to eternall silence ! in the act that was for vniformity of common-prayer , what care was there taken against the least traducement and contempt to be offered unto it ; and it would grieve , that gods holy name should be left so naked , that every impious tongue may touch it as it please . as the honour and name of god is concerned , and suffers diminution , i could beg accordingly there were such lawes provided to restrain such wicked licentiousnesse , and discoursing of his holinesse . i am confident the parliament , whom the whole world behold as the great champions of his name and glory , will in due time vindicate it , and recompence the remisnesse of former lawes , with those that shall have more edge and teeth with them . reader , not to trouble thee further with this atheist ; only note , when such damnable monsters as these may be lurking in this kingdom , marvel not at the dreadfull judgements of god upon it . i am sure thou wilt not now charge the parliament to be the cause ; which is all one , as ahab did eliah , art thou he that troubleth israel ? what sayes eliah ? i have not troubled israel , but thou and thy fathers house , because ye have forsaken the commandements of the lord , &c. atheisme , and other fearfull sinnes of our land , hinc lachrymae . the parliament no otherwise then wholsom physick to an ill desperate body , it works and tuggs with the malignant humours , and perhaps in the operation pains , yet health it labours for : and as physick , if over-mastered by the ill humours , signifies small hope of recovery ; so , had this alexipharmacon , this soveraign preservative of the kingdom failed , nothing might have been expected but the dismall ruine of all . but praised be the lord for his mercies unto this sinfull land , who hath been pleased , not only against hopes , but almost against meanes , to uphold this oracle , this pananglium ( as mr. cambden cals it ) this blessed parliament , upon which all the eyes of the world are now fixed , as upon the globe of the earth stupendiously subsisting only by an invisible hand . i make no doubt but the lord will raise those , whose pens will set forth the glory of his acts in these our dayes , which truly ( well considered ) are little inferior to his wonders of old . ( reader ) i dare not venture into this deep , but for thy delight i will paddle a little neer the shore , and give thee a cleer , though brief narrative of the great favours of god towards the parliament ; and for thy better help , let me confine thy thoughts to these particulars : . beginning of the parliament . . progresse of the parliament . . the present state of the parliament . trace it to the originall , and you shall find all one with it , as with a goodly river arising from a little spring . to my apprehension , i must needs say that those three worthies breathed the first motion into it , whom we may behold as living martyrs , or as shadrach , mesach , and abednego , having escaped the fiery furnace of affliction , they were at least the preface to this great work . next , ( such was the difficulty to have it , that ) a whole nation was in arms to obtain it , ( such obstacles and tyranny reigning among our selves , that scarce we durst once name it ) being once got , it was scarce a year old , but rome and hell began to stomack it , till at last it was high time to look to it self ; his majesty parts , and leaves them , having formerly resolved wholly to cast himself upon their affections , ( which now i believe his own breast will tell him had been the better course ) notwithstanding they forbore not by all humble meanes to desire his presence and concurrence : witnesse . their numberlesse declarations and messages in that kind . but to all motions his majesty was still deaf , and rather ( still to hold to our first instance ) did , like rehoboam , hearken to the councel of the young men , and answered roughly . in the interim all eyes are fixed upon the king , and the charm of his name works powerfully upon all countries , yea upon the very house it self , so far , that it was like to prove its own felo de se . those that framed and consented to the xix propositions , flinch from their own act , and fly to the king , ( which is an eternall scar upon their honour : ) poor feares and tumults they pretended ; but indeed , their ingratiating with the king , and the thought they had of the utter dissolution of the house , was all . most part of the nobility and gentry now gone , there is only left a thin and inconsiderable number in the house , and those ( if you can brook the stile ) a factious roundhead party : but whatsoever they are , these , and no more , must stand the brunt . in the mean time , what preparations and strength of arms , with all industry , both at home and abroad , are levied against them ? what plots and practises are daily invented to overthrow them ? what aspersions and calumnies cast upon their names and actions ; yea , the devil and the world with their utmost sinews seeming to confront them , and yet behold , some secret power hath still upheld them . . the progresse will represent unto you the house in arms , necessitated to it for the preservation of their very being ; they have armies on foot , and seek holds in severall places of the kingdome : the king hath , and doth no lesse , his name makes room for him in all places , and that which ( to humane judgement ) nothing could prove more disadvantagious unto them , at first their successes were but slender , victory most hovering over the head of their enemies : the then earl of newcastle triumphant in the north , hopton bestriding the west ; and those fatall pair , rupert and maurice , like oreb and zeb , butchering in the bowels of the kingdom . to say no more , call but thy thoughts to the siege of glocester , ( bristol and exeter being newly taken ) and behold the parliament , to the guesse of man , quite down and sinking . but here ( good reader ) with holy awe admire the incomprehensible wayes and power of god ; the parliament must be broken in their outward power , that the work may more sensibly appeare to have only proceeded from god : for ever so it is , when he would be seen in a businesse , he knowes our pronesse to rob him of his honour , and to bestow it upon externall meanes : therefore they must be least in sight , when he will have his glory to become most conspicuous . i have lead thee to the parliaments tropick of capricorn , and utmost declination ; the degrees whereby the hand of god hath advanced it to this present greatnesse , affords variety of rich matter of the mercy and power of god . it stands not with my intended brevity , or ability , to venture upon it , it deserves the labour of a golden pen : but because i will not leave thee without a taste ( reader ) thou mayest remember , upon the relief of glocester , ( an act alone sufficiently obliging us to honour the name of the noble earl of essex , and the glorious city of london ) the parliament again began to take a little breath , and to lift up the head , and successes a little adding some life unto them ; forsooth , as the only engine as would not fail the businesse , they reare a lack-a-lent , a mock , or rather as his majesty termed it , a mongrel parliament in oxford , only to confront and ecclypse , if not utterly to extinguish the parliament in london ; it consisting of the members that forsook the house , and with all their gall rendring in their declaration the pretences of their departure , omitting nothing that all wicked art or malice could invent , to impaire the credit of the parliamennt . to all humane guesse , this was like to prove a notable stratagem for their ends , and they built no small hopes upon it ; but what came of it ? there it appeared like a glaring meteor for a while , and unawares vanished to nothing , the memory whereof , even to themselves , savours no better then a snuffe : since which time the lord was pleased to blesse the parliament with famous victories , especially those two cardinal battels of york and naseby . and which is remarkable , even these were at such nicks , when the main and hazard of all stood upon them . the mercies of god herein will appear the more admirable , if you will look upon them through these few observations following . about this time twelve-moneth , the wisdome of the parliament thought good to imploy victorious sir thomas fairfax in this present great service , the noble earl of essex being superseded . what advantages and mountains did the enemies promise to themselves ? they bruted abroad , that the parliaments army , hereat discontented , came by thousands in unto them , their army swelling ( as they said ) with its greatnesse , advanceth to the north ; as they passe , all countries stoop unto them , leicester they gain , gerard afresh tyrannizeth in vvales , pembroke-men beaten , and reduced almost to their first handfull . by this time ( you will say ) all was again at hard hazard ; and as if this were not enough , out comes about this very time into our countries the noise of the directory , which gave but more and more matter to their former exultations and hopes ; my own eares being able to witnesse that it was said , that the comming out of the directory at that time , was as if the parliament had bestowed men upon the king . here now they seem to be at the heighth : but , o the wonderfull mercy and power of god! what becomes of all these vaunts and hopes ? just like a statue of glasse hanging in the aire by a small clue , suddenly fals and breaks to flitters . they had such a stunning blow at naseby , that ever since they have had the staggers ; and like a torrent , the favours of god have broke in upon our armies , that the very enemies are forced to acknowledge , that they do in legible characters read digitus dei . . it is not unworthy our observation , that the very means the king most trusted in , viz. his souldiery , proved at last most advantagious to the parliament , the divine will having given them over to such inhumanities and vilenesse , and all countries distasting them as monsters ; by the holy appointment of god , they proved no small meanes of the parliaments present height and happinesse . . and though the last , yet it is not the least thing with wonder to be observed , how the lord prevented foraign forces : it was ever their strongest fancy , that all kings would be sensible of the businesse , and what would not they do ? and this with great probabilities did they presse upon generall apprehensions ; but behold the hand of god as active for them abroad , as at home ! and that humane wisdome may be abashed , rather crosse to their expectations , god disposeth things : they look for all kings to be roused , and it is more likely to prove , all subjects have a reflection upon the parliament , and are taught their way to their liberties and happinesse . by these , and the like contemplations , as by so many prospectives , we may perceive the hand of god even visible in this great work , whence we may inferre ( as erasmus of his time , nescio quid magni mundus parturit ) that doubtlesse the lord hath some great thing or other a hatching , and to bring into the world ▪ and if so , what can the world behold more likely for such a designe , then this awefull engine , the parliament of england ? i am no prophet , but i dare say with confidence and modesty , that this great thing , the parliament of england , may be a meanes that god hath ordained in his eternall wisdom , not only to shake rome , but even the turkish empire ; and put up the kingdom of his son iesus christ in all the world . thou ( reader ) mayest laugh at this as a fancy of an idle brain : but let me beg thou suspend thy censure , till thou peruse the probabilities following . . i presume it will be easie to make thee confesse , that nothing can be said so much to uphold antichrist and the turk , as the slavery and blindnesse of men ; and what fairer means canst thou imagine to shake off slav●ry and blindnesse , then the course the parliament drives at ? . it is worth thy notice , that the lord hath evermore singled out this land , as a scene where to act any great matter of his glory . the christian faith did ( as it were ) post over other regio●● 〈…〉 to come hither first : hence it was called ecclesia prim●genita the first-born church : hence the glorious instrument of the ch●●ch . constantine , must be de●●●●ded ; and when christe adorne fell into a dead sleep of idolatry and superstition h● must spring a wickliffe 〈…〉 and since the beginning of the r●ormati●● of the church , what land so i●terested 〈…〉 it as 〈…〉 and what is the main businesse of the parliament but to perfect this reformation ▪ and the lord blessing them to finish it ▪ how far may not their influence diffuse it self through the world , and consequently make the pope and turk know themselves ? . it appearing somewhat probable , that god hath designed it for some great work of his ; it were not amisse to observe , that it is the guesse and expectation of many of gods children , that the kingdome of christ will appeare now in the later end of the world , in greater glory then ever it did . i am no maintainer of a temporall and personall reign of our saviour upon the earth , though ( for ought i can see ) it is an opinion that contains nothing but consolation to gods children . sure i am , the prophets abound with most glorious descriptions of the church , which , besides the spirituall sense , cannot ( i think ) but be temporally meant , at least in respect of the extension and amplitude of the church , and which as yet hath not been altogether fulfilled towards it : you need only view the prophet isaiah alone , and you shall have whole chapters replenished with nothing but lofty eloquence upon this subject ▪ and if you do but well heed it , the very like expressions ▪ like golden veines , run through all the holy books both old and new . neither is it the holy scripture alone , ( though they are instar omnium ) but in all ages there have been some , that by speciall inspiration have foretold us of a most happy state of the church in the later times . i could referre thee for this to the acts and monuments , where mr. fox h 〈…〉 collected odde sayings or prophecies of holy persons , as bridget , katherine senensis , iohn husse , savanorola , and others . for thy present delight , lest thou heedest them not there , i will alleadge one or two . ( as he cals her ) holy bridget said , that the pope should be thrown into the deep as a milstone , and that the cause of the binderance of the gospel , is the prelates and priests , and that the clergy turned gods commandements to two words , da pecuniam . iohn husse said , oh how largely doth antichrist extend his power and cruelty ; but i trust his power shall be shortned , and his iniquity shall be detected more and more among the faithfull people ; and let antichrist rage as much as he will , yet he shall not prevaile against christ . and katherine senensis , who lived about . told one antoninus , that after writ her history , that by the troubles in the church of god , after a secret manner unknown unto man ▪ god shall purge his holy church , and stir up the spirit of 〈◊〉 elect ▪ and after these things shall follow such a reformation of the holy church , and such a renovation of holy pastors , that the only cogitation thereof maketh my spirit to reioyce in the lord , and that all the faithfull shall be glad to see themselves so beautified with so holy shepherds , yea ▪ and the●●● infidels allured by the sweet savour of christ , shall return to the catholick fold and be converted to the true bishop ▪ gi●e thanks therefore to god ▪ for after this storm ▪ he will give to his a great calm ▪ even but thus much , signified so long agoe , and our eyes seeing the great work of these times ▪ so much tending to the accomplishment of these things we cannot but admire the lord , and acknowledge this parli●●●●● ▪ not wholly a device of man ▪ neither is it impossible to discover some glimmerings of this kingdom even in the monuments of gentiles , as it hath pleased god to reveal unto them some obscure notions of his greatest mysteries , which are sweetly serviceable to the setting forth of his holy truths . what more is that of virgil , as conceptions of sybilla cumaea , ( though usually restrained to our saviours incarnation . ) i am nova progenies caelo dimittitur alto , te duce , siqua manent sceleris vestigia nosti irrita perpetuo solvent formidine terras . plainly , a child shall be born from heaven to pardon the sinnes of men , and fill the world with blessings . iosephus , a jew , sayes , nations should come from iudaea , that should be masters of the vniverse . what the sybils have abundantly delivered of this , i referre you to the former place of the acts and monuments , and only add one thing of cicero , which to me seems a very remarkable place : nec erit alia lex romae , alia athenis , alia nunc , alia posthac , sed apud omnes gentes , & omni tempore , una lex deus ille legis inventor , disceptator , later , &c. all which seems to be englished in the . chap. of daniel , ver. . and in those dayes the god of heaven shall set up a kingdom , that shall not he left to other people , but it shall break in peeces all other kingdoms , and it shall stand for ever . but how may this be , seeing the turk is likeliest to be the great master of the world , and at this present looks terribly towards christendom ? i answer , this may prove but a flash of lightening before his ruine , and it will be at least a good means to procure peace & charity among christians , which is seen to be but too miserably wanting . remember , that in our god , the lord iehovah , is everlasting strength . let us every one kill the turks at home , his crying bosome sins , and we shall be surely able to cope with him abroad : let us do our parts , and god will surely do his , and in his good time put his book in this senacheribs nose , and his bridle in his lips , for he knowes his abode , his going out , and his comming in , and his rage against us . we have heretofore only read what iehovah is , and our fathers have but told us of his noble works ; and truly say what holy iob said of old , i have heard of thee by the hearing of the of the ear , but now my eye seeth thee . but in these days we may say , we have seen him & his noble works , we have experimentally found the wayes of his omnipotencie , and seen the power of prayer , and plentifully tasted the fruits of humiliation , and the dealings of god in points of utmost extremity . and therefore it is but a sorry courage , that cannot against any difficulty or danger ( as suppose the turks present greatnesse ) reare up an heroick heart , and think him no more then a tom thumb against christ and his king dome . and it shall come to passe in that day , that the lord shall punish the host of the high ones , that are high , and the kings of the earth upon the earth . then the moon shall be confounded , and the sun ashamed , when the lord of hosts shall raign in mount sion and before his ancients , gloriously . part . ii. containing resolutions of doubts touching the parliament . to my country-men of wales . i hope , by what you have read , you are grown to some good liking of the parliament : and being thus suppl'd to a right understanding of it , lest some scruples ( like roots of corns ) should still remain in your thoughts , i will ( with the like divine assistance ) endeavour to satisfie you . the main doubts ( whereunto all the rest are reducible ) are touching these three things , king . covenant . common-prayer book . you will confesse , by the event of things , that the parliament hath told you many truths , which formerly you would not possibly believes ▪ now you will grant , the king followed an ill councel , and that the cavaliers had undone us all . i hope then you may , by this time , believe alike what the parliament evermore constantly professed , that they took not up arms against the king , but in his , and the kingdoms defence , against a malignant party . the parliament ever told us the truth , or our own sense will give us the lie . yet let me tell you , where the truth and glory of god is concerned , and liberty of conscience , the christian is not always to play the asse . blessed paul ( in a lesser point ) though one appointed to persecutions and patience , yet when he saw his time to stand upon his priviledge , as forgetting the christian , takes a roman spirit , they have beaten us uncondemned , now they thrust us out privily ; nay verily , but let them come and fetch us out . luk. cap. . you shall find our blessed saviour giving orders to his disciples : — and he said unto them , take nothing for your journy , neither slaves , neither scrip , nor sword , neither mony ▪ nor have two coats apeece . but not long after , how much is the matter altered ▪ luk. . but he that hath a purse , let him take it , and likewise his scrip , and he that hath no sword , let him sel his garment end buy one . what meanes all this , but to tell us , that he that is the lamb of god , is also lion of the tribe of iudah ; and that the same holy lips that bequeathed nothing but peace to his church , pronounceth also elswhere , suppose ye that i am come to give peace 〈◊〉 earth ? i tell you nay , but rather division and a sword . we christians , as we are to be as innocent as doves , yet as wise as serpents ; and when our masters credit and honour is touched , we must have the genius that peter had , when he struck off malchus eare . mistake me not , this is not to encourage any to rebellion ; but to take off that error that . court-divinity obtruded upon us , that in no case whatsoever arms are to be medled with , he gods glory , and conscience ever so much concerned . i mean no otherwise then king iames his own pen hath resolved it , bishop * bilson maintained it , and our king in ayding and succouriug the states , and rochellers , confirms as much . there are those , that in points meerly of politick interest , grant much in this kinde . peter martyr distinguishing subjects , sayes , that those that are merè privati , may not dare to lift up an hand against their lord and king . but those other kind of subjects he there cals , sic inferiores , out superior potestis ab illis utcunque pendeat , certisque legibus reipublicae praeficiunt . and he instances the ephori of the lacedemonians , and the tribunes of rome . and what can they do ? si princeps pactis & promis●is non steterit , cum in ordinem cogere , ac vi ●digere , ut conditiones & pacta quae fuerat pollicitus compleat , idque vel armis , cum aliter fieri non possit . and then instanceth , how in that kinde the danes dealt with their king in his dayes : and afterwards urging polydore virgil , anglos aliquande suos reges compulisse ad rationem reddendam male administratae pecuniae . though this learned man afterwards , as a divine , and modestly , ego vero dum illorum consilium ad regul●m scripturarum examino , id non probe . but for thy satisfaction ( good country-man ) in the present point , i do think that our loyalty and obedience to kings , is alwayes subordinate to god , and we should through them alwayes looke upon him , and rather be accounted traitors to the one , then the other , especially when his glory is publikely asserted . i marvell this doctrine was so strange , when even the very common-prayer book did teach it , as in that collect for the king . almighty god , whose kingdom is everlasting , &c. so rule the heart of thy chosen servant charles our king , that he above all things may seek thine honour and glory , and we his subjects duly considering whose authority he hath , may faithfully serve , honour and obey him , in thee , and for thee , according to thy blessed word and ordinance . if now ( good country-man ) thou yeeldest to the interest gods glory hath in us , thou wilt come easily to digest the covenant , concerning which nothing needs be more said to satisfie thee , then what the learned assembly have in their instructions . but lest thou hast neither seen , or well understood them , let me tell thee , that this is not a slight oath devised for temporall and politick ends , but a most pious and solemn covenant , whereby gods honour being at stake , thou dost list thy self for his service . and think not this a new trick or invention , but a meer imitation of the people of god in their extremities , as in the times of ezra , and nehemiah ; read those holy books , and throughly ponder and understand them , and i will warrant thee , thou wilt not stick at the covenant . it is not unworthy thy noting , how that the enemies there still make use of the king to frustrate the good works . ezra , cap. . you shall see rheum the chancellour , with the malignant party , begin , be it known unto the king , that the iews are come up to ierusalem , building the rebellious & bad city : and be it known unto the king , that if this city be builded , they will pay no custom unto the king ; and it is not meet for us to see the kings dishonour : therefore we will send to certifie the king . so that here you see nothing but king , and king . and wicked sanballat , he doth the like to good nehemiah : the iewes think to rebell , for which cause thou buildest the wall , that thou mayest be their king . so that if any designe be on foot for god , the only means to dash it , must still be king . but these good worthies go on in their good purposes , though subject to heathen kings , and acknowledging their sinnes to be the cause of their miseries . and because of all this , we make a sure covenant , and write it , and our princes , levites , and priests , seal to it . you understand the ground of the covenant . now to satisfie you for your common objections , i say first : as for the oath of allegiance , it doth fortifie and confirm it , principally providing strict clauses for loyalty and obedience to his majesty . and for ministers who have sworn to maintain the former church-government , &c. the instructions tell them that an oath binds , tantum licitis & honestis ; and where the lawfulnesse of an oath ceaseth , the obligation also ceaseth . constant practise shewes , that magistrates take oaths to maintain all the lawes of the land , and many lawes afterward may be abrogated ; the meaning of the oath being to maintain laws , while they are laws ; but when they are repealed by the power that made them , they are wiped out of his charge & oath . and withall , is it not all one now in this case , as it was in the beginning of reformation , hen. . all the clergy were formerly bound to maintain the popes supremacie , and the doctrine of rome ; but when the impiety and unlawfulnesse of it appeared , might not they be well discharged of their oath ? and who can better judge of the unlawfulnesse and corruption of the prelatical government , then the wisdome of the parliament ? and they adjudging it unlawfull , what oath soever thou hast taken to maintain it , is but vinculum iniquitatis , and so absolutely void ; and , qui jur at in iniquum , obligatur in contrarium . but you are not satisfied , because the king is not with the parliament . i must tell you , it is no new invention to ascribe to the king , a capacity differing from his person , and in that capacity and kingly power he is virtually present in the parliament : in this sense , thou hast heard say , that the king is immortall ; and where thou hast seen his patents and commissions , he is said to be present . another thing thou canst not well brook in the covenant , is the mention of the church of scotland . indeed i must confesse it hath got the start of us for that honour ; if we call them brethren , they have iacob-like robbed us of that blessing ; if we call her our sister-kingdom , she hath mary-like , before us , chosen the better part : and , alas , all this through our own fault . god hath again and again offered us this honour , ever since the first reformation , stirring up godly men , who have by all meanes and importunities earnestly sought to procure us this happines , but in stead of being heard , have been requited only with contempts , and all discouragements prelatical greatnesse could load them withall . but for thy satisfaction understand , the covenant propounds no church unto thee as a pattern , but only the word of god to be thy rule and pattern . it were much to be wished , the covenant were tendred as piously and solemnly as the parliament hath prescribed , and not suddenly and violently pressed upon some , and mincingly given unto others in corners . to be brief ( country-man ) if thou wouldest endeavour to understand the covenant as the parliament intends it , thou wouldest never stick at it , it tending only to no more , but to procure a better world , and thy self to become a better man . i am now come ( country-man ) to thy dagon , the common-prayer book . as for the matter and form of it , the exceptions against them have been sufficiently made known to the world : i shall only endeavour unto thee , to justifie the abolishment of it , from that apparent inconvenience and prejudice it occasioned to the gospel , and the professors of it . it was truly said , that in our dayes we have seen conformity to ceremonies more exacted than conformity to christianity . it is but fresh in our memories ; if a good man should but in tendernesse of conscience scruple any thing against the common-prayer book , were he otherwise ever so gracious , he was presently a puritan , and there was no breathing for him among us ; whilst another that would make no bones of the common-prayer book , nor of any thing else , reading only the common-prayer book , and be otherwise ever so unworthy and scandalous , he should passe for an orthodox minister , and have livings heaped upon him ; and the other good soule , his wife and children , left to all contempt and poverty . obj. but you will say , this was not the books fault , but must be imputed to the bishops , &c. ans. i say , the common-prayer book was at least the occasion of their sufferings , and haply their afflictions have cried to heaven for this vengeance , which must be no lesse then the utter abolishment of it . it is ordinary , that but a relation to a notorious evil suffers in the judgement : torquin doth but a foul fact , and the harmlesse name of king must be discarded rome . one ravillaick murthers a great king , and his name must no more be heard in france ; the father commits treason , and the innocent issue must suffer in the forfeiture . the bishops were the common-prayer books patrons , and the main authors of its evils , and it with them must suffer in the doom . but this is not all ; it was not so void of guilt as this , though after a close manner , and not sensible to all , it was very prejudiciall , and a shrewd enemy to the gospel . you know there was a necessity of reading it ; as for the preaching of the word , let it get its place and esteem as it could : and this necessity of the one rather then the other , drew generally the credit to that which seemed most necessary ; mans nature is most contented with the easiest way of serving god , and publike government countenancing thus the common-prayer book , rather then the other . by this means , whatever tended to the more effectual knowledge , and reall service of god , was accounted but precisenesse , &c. . me thinks that were sufficient reason to abolish it , even to satisfie the consciences of our christian brethren , and so peace , and better communion might be betwixt us . our christian brethren are offended out of meer conscience , and we will needs retain it out of meer fancy . no doubt but many thousands , in the beginning of reformation , were as loth to forgoe the masse-book , who upon better experience blessed god to be rid of it . we are hardly pleased with the form of such mansions , as our ancestors a hundred yeares ago were well contented with , and it is our opprobrium gentile daily to change the fashion of apparels ; and yet to be so wilfully wedded to a kind of divine service so apparently prejudiciall to the gospel , even against farre better means , seems a strange delirium . i appeale to thine own experience ( country-man ) hast thou not observed that the better , & most godly kind of ministers , have been ever most malecontented at the common-prayer book ; and the most unworthy scandalous , and corrupter kinde , have been most maintainers and patrons of it ? mr. hooker , its best champion , sayes , that if the minister powres not his soule in prayer , and speaks not as moses , daniel , and ezra did for their people , the service of the common-prayer book avails but little . then judge thou , how happy have we been , and are in wales , that heare it from some that scarce can read it . i must cleer an error which hath been obtruded upon thee , and many others , viz. that the common-prayer book was confirmed by the blood of martyrs . this i have often seen , and especially under the hand of a minister , accounted learned in our own country , ( among other wide elogies ) to a most understanding and religious knight . i deny not but some of those that compiled it in edw. his dayes , dyed worthy martyrs , but i cannot learn they dyed martyrs , but in defence of the gospel , and the truth of it , against the idolatry and superstition of rome , and for nothing else . we may as well say , the apostles , act. . having for the peace and conveniency of the church ordained orders to abstain from things strangled , and from blood ; say , they confirmed these decrees with their blood , because afterward they suffered martyrdom for the gospel . and to say those worthies in ed. . his dayes confirmed the common-prayer book with their blood , were by the like logick to inferre they confirmed with their blood , all , the use whereof they did ordain and tolerate in the church afterwards , as surplesse , bels , and all ceremonies . no , be not deceived , i know not that it was ever confirmed with blood , unlesse it was in these our warres . those good men in edw. . dayes , were glad they had gained so much as to have the divine service in the known tongue : but as in laying the foundation of the temple , there were those that shouted for joy , so there were those that wept , that it was short of the former temple . so there were those in the first reformation , that could have wished they then had obtained more : the masse then fell just like dagon before the ark of the lord , its head and palms were cut off , but the stumps of dagon was left to him . it is with the true worshippers of god , as it was with abraham , when the king of sodome offered him the spoiles ; i will not take ( saith abraham ) from thee a thred to a shoe-latchet , &c. lest thou shalt say , i have made abraham rich . and in those very dayes there were those , that fain would not have retained the least thred of the reliques and trash of rome ; bishop hooper then himself could not away with them , and peter martyr adviseth him to bear with them , ne id progressui evangelii sit impedimento . and yet he cannot but confesse himselfe delighted to see this goodly zeal in the bishop , ut religio ad castam , simplicemque puritatem denuo aspiret ; professes his desire was as much as his for a through reformation : with a vehementer cupio id quod conaris , locum habeat . you may do well to observe one trick of the bishops : the common-prayer , though it was the publick service , yet they would permit the use of it in families , which rather then no serving of god at all , i held it allowable ; but of preaching in families , you know how much they were against it . good country-man , i have been over-tedious ; therfore in a word , suppose the common-prayer book like the moon , which in its proper motions and seasons is a goodly beneficent creature ; but if it interposes betwixt us and the sun , it becomes an opacous disastrous body . in the times of superstition , common-prayer book arising like the moon at a dark midnight , was comfortable ; but now a sun-shine of the gospel breaking in upon us , think thou what thou pleasest of it . part . iii. containing an application to wales . in brief ( country-man ) i must tell you , we are deceived , and do not know our own condition : we will needs be accounted good protestants , when , alas , how can that be , when we want the means to become so ? to say , a perfunctory reading of the common-prayer can make us so , is to say it can do miracles . a wretched sermon now and then , and that either by an ignorant , or scandalous minister , or both ; alas , what can it do ? it being commonly too such stuffe , you know not whether it savours stronger of the ale , or the pocket ; half an houre 's showre in a great draught , will little availe the chapped earth . i must tell you , abating gentry and a few others , that by the benefit of education may be otherwise ; generally ( i dare boldly say ) we can be but papists , or worse , in wales . i need not remember thee of that swarm of blinde , superstitious ceremonies that are among us , passing under the name of old harmles customs ▪ their frequent calling upon saints in their prayers and blessings ; their peregrinations to wells and chappels . mistake me not , that i delight to discover the blemishes of my country ; it argues good will , to tell ones malady before a physitian . not i first , but our own learned countryman , dr. powel , doth in his books bewaile us for these miseries , as c. . annot. in itin. . giral . camb. and the reasons of all you shall hear in his own words , haec omnia ignorantia & evangelicae praedicationis inopia contingunt . and a little after , quicquid in hac re peccatum sit , illud totum pastorum paucitati ascribendum est , ad quorum sustentationem satis ampla stipendia , & redditus ecclesiastici in cambria , omnia opima sacerdotia in generosorum manibus , aut ab illis possidentur , qui non in cambria , sed in aliis quidem partibus vitam degunt ; hi neque animas , neque corpora pascunt , modo ipsi lanam habeant . and thus copiously and sadly bemoaning our state , concludes , deus tempore opportune ecclesiae suae melius providebit . and surely , if ever , now this tempus opportunum is come upon us , let us lay hold upon the lock , and blesse god for it : doubtlesse if we be not wanting unto our selves , the lord is in hand to do great things for us . it were worth our labour , seriously to observe the gracious accesses of god made towards us in very late favours . . he hath been gracious to us in the course of this war : we were not such friends to the parliament , as to have so good dealing and quarter as we have had , we deserved harsher means , and rougher hands to reduce us , then we had : but praised be his mercy , not strangers , but those of our own bowels we only knew from ; and when we deserved a whipping , he gives the rod to our friends hands . . but this is not all ; if we mark , we may see his greatest favour , his gospel comming among us : the bible , before only known in the church-volume , hath by the meanes of worthy sir tho. middleton been translated to the vulgar volume : in some places of wales the gospel doth already kindle ; and that ( which our countries can never too gratefully acknowledge ) by the worthy and godly endeavour of mr. cradock ; and especially ( which is worth our notice ) it begins to shine in a place heretofore noted for untowardnes , called llangerick in mongomeryshire , a place formerly but of very sorry fame , but now pointed at as the puritans & roundheads of wales ; and all this through the godly pains of some persecuted ministers , resorting thither through manifold discouragements and dangers . . divers good books have lately been translated into our language ; and our learned , dr. davies compiled that monument of his learning , & love to his country , his elaborate dictionary , whereby not only we our selves , but even strangers may become perfect in our tongue . . neither must we let it passe without our greatest admiration , how the lord hath so marvellously preserved our tongue ; at which mr. cambden himself ( though otherwise not much acknovvledged our friend breaks into highest admiration , that it should survive after so many conquests of us , and attempts to extinguish it . in hac linguarum consideratione non possumus non maximè admirari , & praedicare divinam summi creatoris benignitatem in nostros tannos , &c. linguam suam tectam hactenus conservarint . hence dr. davies inferres , that god would not through so many turmoiles and conquests , so wonderfully preserve a tongue to these last times , nisi eadem nomen suum invocari , suaque magnalia praedicari decrevisset ; without it be especially marked out & appointed for the setting forth of his glory , and the preaching of his word . who knowes then , but we may recover our ancient blessing , and become as famous for christianity at the last , as we were at first ? apud illos ( says dr. powel ) vigebat veritatis praedicatio , vivificatrix fides , & purus dei cultus , qualis ab ipsis apostolis mandato divino christianorum ecclesiis traditus erat . the preaching of the gospel , sincere doctrine , lively faith , and the pure worship of god , did at first flourish amongst us : and when it came to be corrupted by superstition , we had the glory ( what we could ) to maintain the primitive worship , against the superstitions and fopperies which augustine the monk would obtrude upon us ; and afterward procured the sword of ethelfrid king of northumberland to make a way for them , when no lesse then eleven hundred poor monks of bangor were slain , ( or as mr. fox , rather were martyred . ) i hope we are not wholly degenerated from our ancient progenitors , but that we still retain something of their noble and christian genius . that dark cloud of superstition which came from rome , and then darkned their light , is still to this day undispelled , and hinders us from the primitive light of the gospel . as it is recorded to their honour , to have laboured to keep the light when they had it , let it be also our credit and honour now , upon so blessed an opportunity , strive and labour to procure it , when we may have it . we are noted to be a people not of the worst natures , and truly not much unlike the character our country-man giraldus long ago gave of us ; sicut malis , nusquam pejores , sic bonis , meliores non ●eperies ; if bad , none can hardly be worse , and if good , none better . but this is not all , but dr. powel observes , we are a people by a singular disposition and benefit of nature , apt both to heare and learn good things , & ad obediendum paratissimus , and most ready to practise . and then who will not confesse , but that it is a thousand pitties such should not have the knowledge of the gospel , and the means of grace abundantly amongst them ! and blessed be the lord , we never had more hopes , and fairer means offering themselves , than now . as when we see stone , timber , and other materials gathered together to a place , we presently conclude that there is some building in hand ; so ( by what you have read ) me thinks how the lord doth no lesse then seem to provide meanes , and as it were , materials to reare up his gospel among us : and as the blinde man in the gospel is said to behold men walking as trees ; some such obscure sight ( me thinks ) we may already have of the gospel's silent approach and motion towards us . and as at the famine of samaria , eliah said to ahab , there is a sound of abundance of rain ; so after this great famine of the vvord , ( blessed be god ) we do now at last ( me thinks ) as it were , ken a little cloud rising like a mans hand , and that ere-while the heavens will grow black with clouds and wind , and we shall have a great rain , and the lord of the harvest will give a plentifull increase . doubtlesse if we be not wanting to our selves through our wilfulnesse and ingratitude , god hath some great favours in store for us . i cannot but think what that famous vvickliffian , our country-man , wrote near years ago ; that the britons , amongst other nations , have been as it were by the speciall election of god , called and converted to the christian faith , and further addeth , that it is very likely they will be imployed to overthrow antichrist . then ( country-man ) let us humbly look up , and wait upon god , and devote our selves in our affection & spirits to him , and his choise ministers among us , the parliament ; doubtlesse we are deep enough in their thoughts , and that they mind our happinesse more then we do our selves ; the only compendious way to make us happy , is to have the gospel come among us , it hath a notable vertue with it , it will presently purge church and state ; and with humble submission to their wisdome be it spoken , that the only way to introduce the gospel among us , is the pitching upon a course and meanes ▪ to advance the ministery : which cannot be better , then by founding some solemn places in wales for the profession of the more necessary kind of arts and good literature , ( all which may be without the least injury or disparagement to the vniversities ) such a course would prove a notable encouragement to our countries , so that i dare say , three for one would mind schooling for their children , than there hath or doth , being discouraged by the charge and distance of , the universities ; and without doubt , through the blessing of god , few yeares would afford us a goodly number fit to serve at the altar . it could never have been said truer , then of us in vvales , the harvest truly is great , but the labourers are few . we can nothing but pray the lord of the harvest , that he would incline and direct the heart of the parliament , that he through them would send forth labourers unto the harvest . such an act as this , would be an honour to our age ; and those that are yet unborne , and like little levies as yet lie hid in the loyns of their grandfathers , will have their mouths filled with blessings for so christian and noble a work ; when they shall consider , that when their bodies were not borne , the blest parliament was then caring for their soules . for something of this nature , or lesse , we know what an elogie was given of the centurion to our blessed saviour ; he is worthy for whom thou shouldest do this , for he loveth our nation , and hath built us a synagogue . well ( good country-man , or any other reader ) i will now part with thee : if any passage hath offended thee , i must tell thee , i intended only well , and at the most would do but as he that slew the serpent , not touching the body of the child twined up in the folds . and if thou hast mistaken the parliament , smite thy breast , and ask god forgivenesse for it , for i hope by this time thou perceivest it is something more , then once thou thoughtest it was . good luck have thou with thine honour ; ride on because of the vvord of truth , of meeknesse , and of righteousnesse , and thy right hand shall teach thee terrible things . psal. . . soli deo gloria . notes, typically marginal, from the original text notes for div a e- act. . notes for div a e- obj. ans. though gods anointed , there , doth not signifie kings . king. in brit. mr. pryrre . d. bastwi●k mr. burton . scots . in his speech ver. . . in c●mb . gram dr. davies ex sabel & platine . o fortunata & omnibus beatior terris , britannia , quae constanti●um ●rim● vidisti . camb. 〈◊〉 pancg . pag de bell. iud. l. . lib. . de rep. obj. ans. isa. . . ver. . job . . . isa. . , . notes for div a e- king . act. . ver. . ver. . luk. . . mat. . . in his ans. to card. peron . * in his defence of christian liberty , against antichristian rebellion . lib lo . com . p. . covenant . ver. , . neh. . . neh. . . obj. ans. obj. ans. obj. ans. common prayer book . l. falkland speech . obj. ans. eccl. pol. lib. . obj. ans. ezra . sam. . gen. . epist. hoop . notes for div a e- in many places not a sermon scarce once a yeare . want of preaching impropriation . and now again , i hear , mr. cradock is procuring the new testament to be printed in welsh in a little volume , whereby it may grow more portable & common , which may be of much use in short time to introduce the knowledge of the gospel among us . mr. powel . mr. roberts britanni , romanis & saxonibus devicti & triumphati fuerint , eum etiam latis legibus abolere studuerint normanni . ib. in brit. nec sane ullo modo credendum , linguam voluisse post tot gentium clades & imperii mutationes , conservatam in haec usque ultima tempora . in prafat. gram. l. . c. . annot. in giral . — im●rudenter & aequo durius , ad ritum romae voluisse britannos , cogere — aiebant , — modo salva maneret lex divina , sides , christi doctrina , senatus , quam primus tulit ore suo , quia ita lita ab ipso christi erat humanae doctore , & lumine vitae . mantuan in fast . vol. . p. in descr . camb. c. populus ipse praestantis cujusdam naturae beneficio semper ad audiendum promptus & ad discendum aptus . annot. in giral . c. . ver. , . walt. brute in act. & mon. v. . p. his majesties message to the house of peers. april. . his majestie having seen a printed paper, entituled, a question answered how laws are to be understood, and obedience yeelded; ... england and wales. sovereign ( - : charles i) this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing c a). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing c a estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) his majesties message to the house of peers. april. . his majestie having seen a printed paper, entituled, a question answered how laws are to be understood, and obedience yeelded; ... england and wales. sovereign ( - : charles i) charles i, king of england, - . sheet ([ ] p.) by robert barker, printer to the kings most excellent majestie: and by the assignes of john bill, imprinted at york : . title from caption and opening words of text. arms ; steele notation: question way exem-. reproduction of original in the folger shakespeare library, washington, d.c. eng england and wales. -- parliament -- early works to . great britain -- history -- civil war, - -- early works to . great britain -- politics and government -- - -- early works to . a r (wing c a). civilwar no his majesties message to the house of peers. april. . . his majestie having seen a printed paper, entituled, a question answered how l england and wales. sovereign a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion royal blazon or coat of arms honi soit qvi mal y pense diev et mon droit . ❧ his majesties message to the house of peers . april . . . his majestie having seen a printed paper , entituled , a question answered how laws are to be understood , and obedience yeelded ; ( which paper he sends together with this message ) thinks fit to recommend the consideration of it to his house of peers , that they may use all possible care and diligence for the finding out the author , and may give directions to his learned councell , to proceed against him and the publishers of it , in such a way as shall be agreeable to law and the course of justice , as persons who indeavour to stir up sedition against his majestie . and his majestie doubts not but they will be very sensible how much their own particular interest ( as well as the publike government of the kingdom ) is , and must be shaken , if such licence shall be permitted to bold factious spirits to withdraw his subjects strict obedience from the laws established , by such seditious and treasonable distinctions . and of doctrines of this nature his majestie doubts not but that their lordships will publish their great dislike , it being grown into frequent discourse , and vented in some pulpits ( by those desperate turbulent preachers , who are the great promotors of the distempers of this time ) that humane laws do not binde the conscience ; which being once beleeved , the civill government and peace of the kingdom will be quickly dissolved . his majestie expects a speedy account of their lordships exemplary justice upon the authors and publishers of this paper . ¶ imprinted at york by robert barker , printer to the kings most excellent majestie : and by the assignes of john bill . . a letter sent to the right honourable edward earle of manchester, speaker pro tempore in the house of peers. wherein are truly stated, and reported some differences of a high nature, betweene the high and mighty prince charles, duke of lorrayne, &c. and the two honourable houses of parliament. fortescue, anthony. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing f d). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing f d estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a letter sent to the right honourable edward earle of manchester, speaker pro tempore in the house of peers. wherein are truly stated, and reported some differences of a high nature, betweene the high and mighty prince charles, duke of lorrayne, &c. and the two honourable houses of parliament. fortescue, anthony. [ ], , [ ] p. s.n.], [london : printed in the yeare, . signed at end: anthony fortescue, resident for this highness of lorrane. place of publication from wing. reproduction of the original in the harvard university library. eng manchester, edward montagu, -- earl of, - -- early works to . charles -- ii, -- king of england, - -- early works to . england and wales. -- parliament. -- house of peers -- early works to . great britain -- politics and government -- - -- early works to . great britain -- history -- civil war -- - -- early works to . a r (wing f d). civilwar no a letter sent to the right honourable edward earle of manchester, speaker pro tempore in the house of peers. wherein are truly stated, and r fortescue, anthony b the rate of defects per , words puts this text in the b category of texts with fewer than defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - robyn anspach sampled and proofread - robyn anspach text and markup reviewed and edited - pfs batch review (qc) and xml conversion a letter , sent to the right honourable edward earle of manchester , speaker pro tempore in the house of peers . wherein are truly stated , and reported some differences of a high nature , betweene the high and mighty prince charles , duke of lorrayne , &c. and the two honourable houses of parliament . compass rose printed in the yeare , . a letter , sent to the right honourable edward earle of manchester , speaker pro tempore in the house of peeres . my lord , vnderstanding his highnesse letters , have now at last bin read in both the honourable houses , & that an order hath issued , to have them sent to the committee of the admiralty ; there to have the businesse stated , and reported to the honourable houses , touching his highnesse ships , and the taking of them ; together with the proceedings as towards mee his highnesse resident : i thought it my part , standing in the place i doe , to set up these lights before the honourable houses , lest parte inanditâ alterâ their judgments might be still misled in a matter of so great concernment . for how can his highnesse my master expect an even and faire report to be made from that committee , which already prejudicating his highnesse cause , hath imposed silence , not only upon ▪ themselves in answering to his gracious letters , but upon me also his publike minister , or any sent by me to agitate his highnesse affaires at that table , insisting still upon that crambe of my being onely a pretended agent ? which imputation cannot appeare to the honourable houses , in any other shape then of calumny , ; his highnesse having so often iterated by his letters to both the honourable houses , as also to divers particular members of either house ( your lordship having beene one of them ) my being his resident , still honouring me in all those letters with the stile of his resident ; which quality for these dozen yeares he hath fixed upon me ; which also hath beene made evident by his severall renewed commissions , and i will crowne this verity with a testimony unquestionable , his majesties royall letters sent me from oxford , confirming under his hand and seale , the priviledges of my place , equall to those he gave to the greatest embassadors : so that in all sense this ridiculous badge of pretended , might have beene cryed downe long ere this , having no ground at all to subsist upon , but the opinion of such who file their owne dreames upon record . now my lord , for his highnesse setting out men of warre in a maritime way , against his enemy the french , who in prudence can fault it ? he being a soveraigne prince , and in confederacy with the catholike king , who gives him the freedome of all his ports , as by our last prize taken and brought into ostena is made manifest ; so as that fond cavill must be laid downe , in questioning his highness right to arme at sea . the particulars of what some of his men under his highnesse commission have done in this kind , i will here set downe , and how they have beene treated ; though with a more impartiall penne then i presume the honourable houses will receive from the report of the committee of the admiralty , which already hath so much slighted his highnesse , and passed sohard a censure upon those his affaires . his highnesse sending for ireland a ship called the st. carlo , of . tunne , to transport those men for flanders , which he had levied there , it was taken by a parliament man of warre in the river of limrick , and though by order from his highnesse , i made my complaints , yet could i not obtaine of the committee of the admiralty any redresse ; so that his highnesse lost that ship , and by that occasion his men also , which being transported afterwards in a weaker vessell , were taken at sea by the hollanders , presuming they were to serve the king of spayne , for the states of holland are not in hostility with my master . captaine antony a flemming , being sent by his highnesse the duke of lorraine into ireland , to conduct some souldiers of colonell plunkets regigiment , which he had levied in ireland for the dukes service , ( his highnesse seeing the spaniard and the french levie forces in ireland , thought it as lawfull for him so to doe as for them ) captaine antony upon his highnesse charge bought a vessell in waterford , in which he imbarked some or men for flanders , but at sea was taken by a parliament ship and brought prisoner into portsmouth , no regard being had to his highnesse commission which he shewed ; there , were his men kept prisoners for many weekes on ship-board , not being permitted to land ; the captaine in the meane time got leave to come up to me to make his complaints , in which i negotiated as much as possible i could , but was still put off , in the meane time his highnesse men , still on ship-board , indured extreamity of misery , being forced somtimes for eight dayes together to drink nothing but sea water ; in fine , i pressing that they might be used like christians , one in office in the committee of the admiralty answered me , that he esteemed them no better then doggs : at the last the captaine was forced to goe into flanders , there to buy another ship to fetch his men away , his highnesse vessell being heere seased upon . these were all young gentlemen of ireland , none of them above years of age , who had never borne arms in that kingdome , which i often intimated , but nothing would be heard . the poore youths being most of them nobly borne , and tenderly bred , being arrived in flanders , immediatly dyed upon these cruelties used against them . his highnesse having intention to fight his enemy the french , in all the elements he could , resolves to set up forces also by sea , and having the freedome of all the king of spaines ports , was willing to entertaine in that service men of our nation , as well as dutch , scots and danes ; whereupon captaine george grace , under commission from his highnesse , setting to sea , tooke upon the coast of france , a hanburger richly laden with french goods , as wee made to appeare in the admiralty court , both by the cocket , and bills of lading , as by the confession of the hanburger and his fellow mariners under their hands ; neverthelesse the prize being taken from his highnesse captaine , by a ship of the parliament , commanded by captaine filpot , with much violence used to our captaine and his company ) was brought into portsmouth , and here in the admiralty court , adjudged no price by doctor samms , then judge of the admiralty ; and with such passion was the businesse carried , and in such contempt of his highnesse commission , that captaine grace was arrested in the very court whilst the cause was hearing , and all the cockets , bils of lading , and the testimonies of the hanburgers taken from him . thus was his highnesse defeated of his prize , and of his owne ship . another vessell was bought by his highnesse , in which captaine grace was againe set out , and pursuing a french-man in open sea , the french-man fled to a parliament ship which protected him , whereupon captaine grace was forced to desist , and sayled towards poole , ( where lying at anchor to take in ballast , ) by order from the governour of poole , he was seased upon by a ship of the parliament , commanded by captaine cartridge who brought him into poole , where the governour kept the ship for divers moneths , and imprisoned the captaine and his men without any ground at all , but upon cavill against his commission ; and upon sinister informations caused the captaine to be sent up to london prisoner , by order from the committee of the admiralty . by his meanes that service was wholly lost , to his highesse great dammage and dishonor , though afterwards with much and much solicitation the ship was restored , but with excessive charge to his highnesse , both in the clearing of her , and making her fit againe for service . his highnesse still not doubting but to receive full satisfation for these injuries offered him , sets out another vessell , under command of captaine faulkner , who upon the french coast tooke a frenchman and brought him into dartmouth , where the governor seased upon him , and his prize ; but at last was content to let captaine paulkner depart with his owne vessell , but detained for his owne use and benefit the french vessell ( which was an excellent swimmer ) and kept all the goods in her ; and although by order from his highnesse , i made my addresses to the committee of the admiralty for satisfaction , yet none could i ever obtaine . neither wanted ( upon all these severall exigents ) his highnesse letters to both the honourable houses , demanding restitution in a faire way , but so farre was that off , as to this houre his highnesse never received any . neverthelesse his highnesse not intending in these his intentions for sea , to exclude our nation , sets out captaine faulkner againe , who taking a french-man , not within command of any fort or castle of this kingdome , as is pretended ( which appeared by a shot made from mount-batten which reached not captaine faulkner by a mile and upward ) brought confidently his prize into the isle of wight , where he was presently seased upon by colonell hammond ; the captaine and all his men cast into prison ; his prize taken from him , and sold before his face ( which shewed no intention of restoring it to the french , had they had any right to it ) and an inventory sent up to the committee of the admiralty of the goods , to a very small valuation , though the prize was worth li . the ship being laden with wines , rozen , pitch , pruens , and the like french commodities of value ; all the sollicitation possible i could make in his highnesse behalfe , and withall delivering his highnesse letters to both the honourable houses , ( filled with much sweetnesse and affection towards this nation ) to obtaine satisfaction , none ever yet was thought upon , nor that there was any such princeas the duke of lorrayne , whose letters were worthy of answer . in witnesse still of this high misprission , foure of his seamen are yet in extreame misery , detayned in the common-goale of winchester , where they are ready to perish ; and both the french ship , and the dukes also , are imbarged , and seased upon before the isle of wight . at the same time captaine anderson having received his highnesse commission , went downe to portsmouth , where having gotten to him some few sea-men , and bought a small vessell to transport themselves to ostend , there to be put upon a greater ship ; no sooner was it knowne , that they were to serve under the duke my masters commission ( having yet never attempted any thing ) were seased upon and detained in prison for many weeks , to the overthrow of that his highnesse service , and the undoing of the poore men : after my many sollicitations , and many repulses , they were at last freed from their most unjust imprisonment , but with no consideration had of their losses . these several passages of disgrace , having beene put upon the duke , my master , with so stiffe a silence in both the honourable houses to his highnesse so many courteous letters , have caused ( i presume ) this last letter of his to both the houses , to make some expression of his resentment , in demanding of the parliament of england , whether they desire to have him their friend or their enemy . and although i , my lord , am servant to this great prince , who at this houre commands an army of his owne of . as gallant men as the sunne shines upon , most of them old souldiers , of understanding , as well able to command , as of wills ready to obey , having borne for many yeares the waight and scoarching of the day , who with often graplings have made soft unto their hands the hardnesse of warre , glorying more in their honourable scarrs then in their scarlets , and are at their height of joy , when they heare the trumpets call to a battell ; yet am i still an english man , and so zealous a patriot , as most willingly would i sacrifice my life in the continuation of that ancient league and amity , which hath ever beene betweene this kingdome and the house of lorrayne , that mother of princes , that nurcery of kings , whose royall steame hath extended its flourishing branches over most of the thrones of europe , whose now regnant heyre , the duke my master , looking upon the rich ornaments of his soveraignty , values the greatest juell in it , his so neere allyance to our soveraign lord , charles , king of england , france , scotland , and ireland , whose present condition he behols with eyes full of affections , and cleered from all mists of mistake . i conclude my lord , with my owne disinterest ; it is not ( i am confident ) the pleasure of my master to call me off from this station , by way of complyance with the honourable houses , till that abusive attribute of pretended , be taken off from me his reall minister : for what judgement can thinke such an imputation should be laid upon me , from any doubt in matter of fact , as whether his highnesse ownes me for his resident , or not ? but rather the doubt seemes to be raysed in matter of his highnesse power , whether he can constitute any publique minister . and to question this , wil but expresse more & more the weaknesse of those who doubt it , and make his highnesse more & more reflect upon his own powers . but did the streame run cleere ( as formerly ) which now begins to be troubled betweene his highnesse my master , and the honourable houses , i should receive those endeavours most joyfully , which should effectually obtaine my recalling , for the cause of my stay here being now rightly stated , the difference appeares betweene his highnesse the duke of lorraine , and the parliament of england , and not betweene the parliament of england , and your lordships most humble servant , anthony fortescue , resident for his highnesse of lorraine . april . . some remarks upon a paper which sir george hungerford, by a very unusual and unfair practice, delivered at the door of the house of commons, after a full hearing of his cause before the committee. approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing s a estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) some remarks upon a paper which sir george hungerford, by a very unusual and unfair practice, delivered at the door of the house of commons, after a full hearing of his cause before the committee. hungerford, george, sir. sheet ([ ] p.) s.n., [london : ] publication information suggested by the bodleian library. reproduction of original in: newberry library, chicago, illinois. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- parliament. -- house of commons -- election districts -- early works to . great britain -- politics and government -- - . broadsides -- london (england) -- th century. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion some remarks vpon a paper which sir george hungerford , by a very unusual and unfair practice , delivered at the door of the house of commons , after a full hearing of his cause before the committee . the chief objection which sir george hungerford makes , is against the power of disfranchising , wherein it is evident how much he is mistaken both by law , practice , and his own judgment . for , st . the burgesses do not vote , by reason of any inhabitancy or burgage tenure , but by being elected and sworn into the office and trust of a burgess ; for breach of which trust , they may be removed from the office of a burgess , there being a condition in law tacitely annexed to such office , the breach whereof is a good cause of disfranchisement , and the words of these very disfranchisements , are expressly from the office and dignity of a burgess , so that ceasing thereby to be burgesses , they consequently cease to have a right of voting as burgesses . ly . this hath been the constant practice as appeared at the committee by their books for near an hundred years past , and robert hungerford esq sir george's own brother , who was formerly a burgess of this borough , hath set his hand to , and allowed of several the like disfranchisements , as appears by the borough books . ly . the disfranchisement of one of the persons whom sir george hath put into his pole ( though his voice was disallowed at the election by the stewards and burgesses ) was done by the advice of counsellor blake , sir george's son-in-law , and besides sir george hungerford himself was the first person at the taking of the pole , who made an exception to disfranchised persons . object . whereas sir george objects , that dyers disfranchisement was not fully proved . answer . mr. windham's witnesses proved that he had seen his disfranchisement written in the book , and could turn to the place where it was torn out , and said that dyer gave ten shillings to have the book in his custody , in which time 't is supposed he tore it out himself . note . swaddon who was convicted of forgery , and stood in the pillory , was one of the disfranchised persons who voted for sir george . sir george hungerford's objection against oliver harman , one of mr. wyndham's voices ( who never at any time lived more than one hundred yards from calne , and his house contiguous to the borough ) is very frivolous , for it was proved , that he lived in the borough before the test of the writ , and ever since , and besides during his living out of the borough , he was always esteemed as a burgess , was summoned to their halls , acted as a burgess , and had at that time , and now near l. of the borough stock in his hands , being intrusted therewith as a burgess . so that the majority of voices , plainly appeared to the committee , to be for mr. wyndham . win at first, lose at last: or, a new game at cards: wherein the king recovered his crown, and traitors lost their heads. to the tune of; ye gallants take delight to play. l. p. (laurence price), fl. - ? approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). b wing p interim tract supplement guide c. .f. [ ] ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. b ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books; tract supplement ; a : [ ]) win at first, lose at last: or, a new game at cards: wherein the king recovered his crown, and traitors lost their heads. to the tune of; ye gallants take delight to play. l. p. (laurence price), fl. - ? sheet ([ ] p.) : ill. (woodcuts). printed for fra. coles, tho; vere; io. vvright and io. clarke., london, : . attributed to laurence price. verse: "you merry hearts that love to play ..." reproduction of original in the british library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng ballads, english -- th century. great britain -- politics and government -- - -- songs and music -- texts. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion win at first , lose at last : or , a new game at cards : wherein the king recovered his crown , and traitors lost their heads . to the tune of ; ye gallants that delight to play . ye merry hearts that love to play at cards , see who hath won the day , you that once did sadly sing , the knave o' th clubs hath won the king : how more happy times ye have , the king hath overcome the knave ; the king hath overcome the knave . not long ago a game was play'd , when three crowns at the stake was lay'd , england had no cause to boast , knaves won that which kings had lost : coaches gave the way to carts , and clubs were better cards than hearts ; &c. old noll was the knave o' th clubs , and dad of such as preach in tubs : bradshaw , ireton , and pride , were three other knaves beside : and they play'd with half the pack , throwing out all cards but black ; &c. but the just fates threw these four out , which made the loyal party shout , the pope would fain have had the stock , and with these cards have whip'd his deck , but soon the devil these card snatches , to dip in brimstone and make matches ; to dip ; &c. but still the sport for to maintain , lambert , haslerige , and vain , and one-ey'd hewson , took their places , knaves were better cards then aces : but fleetwood he himself did save , because he was more fool than knave ; &c. cromwell , though he so much had won , yet he had an unlucky son : he sits still and not regards , whilst cunning gamesters set the cards , and thus alas , poor silly dick , he playd a while ; but lost the trick ; &c. the rumpers that had won whole towns , the spoyls of martyrs , and of crowns : were not contented but grew rough , as though they had not won enough ; they kept the cards still in their hands , to play for tithes and colledge lands ; to play ; &c. the presbyters began to fret , that they were like to loose the set , unto the rump they did appeal , and said it was their turns to deal , then dealt the presbyterians , but , the army sware that they will cut ; the army sware that they will cut . the forraign lands began to wonder , to see what gallants we lived under , that they which christmas did forswear , should follow gameing all the year : nay more , which was the strangest thing , to play so long without a king ; to play so long without a king. the bold phanaticks present were , like butlers , with their boxes there : not doubting but that every game some profit would redound to them : because they were the gamester's minions , and every day broacht new opinions ; &c. but cheshire men ( as stories say ) began to shew them gamesters play : brave booth , and all his army strives to save the stakes or lose their lives : but oh sad fate , they were undone , by playing of their cards too soon : &c. thus all the while a club was trump , there 's none could ever beat the rump : until a noble general came , and gave the cheaters a clear slam : his finger did out-wit their noddy , and screw'd up poor iack lamberts body , &c. then hasllrige began to scowl : and said the general plaid foul : look to him partners , for i tell ye , this monk has got a king in 's belly : not so , quoth monk , but i believe sir arthur has a knave in 's sleeve , &c. when general monk did understand the rump were peeping into 's hand : he wisely kept his cards from sight , which put the rump into a fright : he saw how many were betray'd . that shew'd their cards before they play'd , &c. at length , quoth he , some cards we lack , i will not play with half a pack : what you cast out , i will bring in , and a new game we will begin : with that the standers by did say , they never yet saw fairer play ; &c. but presently this game was past , and for a second knaves were cast ; all new cards , not stain'd with spots , as was the rumpers and the scots : here good gamesters plaid their parts , they turned up the king of hearts ; &c. after this game was done , i think : the standers by had cause to drink : and the loyal subjects sing , farewel knaves , and welcome king : for till we saw the king return'd , we wish'd the cards had all been burn'd ; we wish'd the cards had all been burn'd . l. p. finis . london , printed for fra. coles ; tho. vere ; io. vvright and io. clarke , ● . a declaration from his excellence sir thomas fairfax and the generall councel of the army, held at putney, on thursday september , concerning the delaies in raising monies for supply of the army, and other forces of the kingdome : and their humble offers and desires in relation thereto : tendred to the right honourable commissioners of parliament residing with the army, and by them to be presented to the houses : with his exceliencies letter to the commissioners concerning the same : also a narrative of the souldiers behavior towards the l. lauderdale. fairfax, thomas fairfax, baron, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing f _variant). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing f _variant estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a declaration from his excellence sir thomas fairfax and the generall councel of the army, held at putney, on thursday september , concerning the delaies in raising monies for supply of the army, and other forces of the kingdome : and their humble offers and desires in relation thereto : tendred to the right honourable commissioners of parliament residing with the army, and by them to be presented to the houses : with his exceliencies letter to the commissioners concerning the same : also a narrative of the souldiers behavior towards the l. lauderdale. fairfax, thomas fairfax, baron, - . [ ], p. for george whittington ..., printed at london : . reproduction of original in the huntington library. eng england and wales. -- army. great britain -- history -- civil war, - . great britain -- politics and government -- - . a r (wing f _variant). civilwar no a declaration from his excellence sir thomas fairfax, and the generall councel of the army, held at putney, on thursday september . . england and wales. army. council d the rate of defects per , words puts this text in the d category of texts with between and defects per , words. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - ali jakobson sampled and proofread - ali jakobson text and markup reviewed and edited - pfs batch review (qc) and xml conversion a declaration from his excellence sir thomas fairfax , and the generall councel of the army , held at putney , on thursday september . . concerning the delaies in raising monies for supply of the army , and other forces of the kingdome . and their humble offers and desires in relation thereto . tendred to the right honourable commissioners of parliament residing with the army , and by them to be presented to the houses . with his exceliencies letter to the commissioners concerning the same . also a narrative of the souldiers behaviour towards the l. lauderdale . by the appointment of his excellencie sir thomas fairfax , and the generall councell of the army . jo. rushworth secretary . printed at london , for george whittington , at the blew anchor , in cornhill , neere the royall exchange , . my lords and gentlemen , the extreame necessities of the army , and other forces in the kingdome , together with the present pressures of the countrey where it quarters , for want of moneys , as well as the delayes of them from whom you might e're this time have justly expected a better account on this behalfe then is as yet heard of , is the occasion which yesterday produced a resolution upon this enclosed paper , which i herewith tender to your lordships , desiring it may be speedily communicated to both houses : i remaine , your lordships most humble servant , tho. fairfax . putney septembris , . for the right honourable the lords and commons , commissioners of parliament residing in the army . a declaration from his excellency sir thomas fairfax , and the generall councell of the army held at putney on thursday september . . . the extreame wants of the souldiery ( both of the army and other forces and garrisons that have concurred with us , as also the sufferings of the countryes in respect of free quarter , and the necessities of the kingdome for a speedy supply of money in relation to the disbanding of superfluous forces , the sending over of others for the reliefe of jreland , and for the supplying of those forces that are there already , so as to prevent the danger of those distempers lately raised amongst them , ) are such as we are and have beene very sensible of and exceedingly pressed with the consideration of them . yet the care the houses have so many wayes exprest for providing a present supply of monyes , in relation to all these affaires , have made us hitherto silent as to that point ▪ in expectation to have found ere this time an answerable effect thereof in actuall supplyes . but finding that notwithstanding all their care , yet through the neglect or delay of those on whom the houses have depended in that particular , there is little or nothing hitherto effected therein , and especially considering the delayes made by the lord mayor aldermen and common councell of the city of london , in the advancing of that summe which the houses have demanded of them upon the security of the arreares ( so long since ) due from the city to this army , and for that tax whereupon all or most other places have long since payd in their proportions . ) we are enforced to make this present addresse to the houses in relation thereunto . first we cannot but consider the notorious readinesse of that court to the advancing of farre greater summes for the raising of a new warre and prosecution of the late mischievous practises and designes against the parliament and army . and that as their precipitate forwardnesse therein , was the occasion of the armyes comming into these parts : so their backwardnesse to the raising or advancing of the money now required for the service of the parliament and supply of the army , hath beene and is the occasion of the armyes continuance here : and therefore we cannot but offer it as what we humbly conceive most just and reasonable . that for what time their default or delayes have occasioned and shal further occasion the armyes stay hereabouts ( so much to the burden and oppression of these parts ) the charge thereof should some way be layd upon them and their adherents in and about the city , together with those persons from whom the said arreares are due , and those in whose default it lyes that they have hitherto beene either not assessed or not collected . and for that purpose that at least in case the summe required be not payd in at the time limmitted by the houses . there may be a proportionable penalty imposed by way of daily increase of the summe required for so long time as the payment thereof shall be further delayd . next for as much as the lord mayor aldermen and common-councell , may perhaps conceive themselves not so much obliged ( either to execute the authority given them by the parliament for leavying of money upon others , or to advance it themselves by way of loane in behalfe of others untill it can be leavyed ) as they would be to provide what should justly be charged upon themselves : we therefore humbly offer ( at least ) in case the summe required upon the arreares be not paid in by the time limited . ii. that the houses would be pleased speedily t● consider of the delinquency of that court an● councell , in those things that were lately done by them as a court , and set such fine upon them for the same as shall be agreeable to justice , which money being chargeable so properly upon themselves we presume they willl not have the like excuse not to provide . lastly , since it is most evident that for the speedy bringing in of the money required upō the arrears there wants not in the said major , aldermē & common councell , either authority to levy it or ability to advance it by way of loan till it can be levyed : nor do the persons from whom the arrears are due want ability to pay them , but the only fault and defect lies in the want of will to the thing , both in the one and in the other , and want of power in the hands of willing men to enforce it , without which we see little hopes that it wil in any tollerable time be effected ; we therefore offer iii. that in case the money be not brought in ( by the time limited the parliament would be pleased to give leave and power to the generall ( with the advice and directions of the committee for the army ▪ for the levying of the said arrears , together with such penalties and fine as the houses shall find cause to impose as aforesaid , or ( at least ) the penalties allowed by the ordinances for that tax for the army , and then if the moneys be not speedily brought in for the parliament to dispose of let us beare the blame . and all these things we desire the rather , because we have grounds both of reason and evidence from the speeches of many in the city , to believe that in this long witholding of mony , the designes and hopes of the parliaments and our enemies , are to raise the army into distempers , and the country about us into a flame , whereby at least to hinder and interrupt all proceedings to the execution of parliamentary justice , or settlement of the kingdom , and to expose the parliament again into tumultuous violence , of all which the dāger is very evident and imminent , if not speedily prevented by some such vigorous and effectuall remedies as aforesaid . putney sept. . . by the appointment of his excellency sir thomas fairfax and the councel of war : signed john rushworth secretary a narrative of the souldiers demeanour towards the lord lauderdale at the court at vvoburne , in luly last , presented to his excellency sir thomas fairfax , under the hand of colonel vvhalley , and by him sent to the commissioners of parliament in the army ; with a letter from his excellency concerning the same . towards the latter end of july last , when the king lay at woburne , the lord lauderdale came one morning about foure or five of the clock to the court , lost no time ▪ but presently made his repairs to his majesty with whom he had much private communication . it was commonly reported and generally believed that he had come post all the night before . but whether so or not , i know not , but this i know , that his early coming , and hasty speaking with his majesty at that conjuncture of time , when that unparalleld violence was committed upon the parliament , and that treasonable engagement for fetching the king to london , and preparations for a new warre , were so violently prosecuted in the city , drove the court into feares , and the souldiers into jealousies , that his lordship came to indeavour the perfecting at court that designe , which was begun and prosecuted in the city , and that which made them ( as i conceive ) the more jealous of his intentions , was a common report , that his lordship was a fomenter of the cities tumults , or corresponding with the authours of them . and indeed i finde , that the souldiers had long entertained harsh thoughts of the lord lauderdale ever since his relation , concerning his majesties going from holmsby , 〈◊〉 in the painted chamber so much to the prejudice , and disadvantage of the army ; and his undertaking there to engage the whole kingdome of scotland , as one man against the army ; they were playn● with him at new-market , the● minding him of it , and told him he had publikely declared himselfe their enemy ; therefore they could not but think he came to do them , and the kingdome in offices : and had not my selfe and o●her officers interposed , they had then at least perswaded him away from the court , but at that time the souldiers indured his stay , though with some regret ; but his lordships second appearance at that time and manner as before related , so hightened , ( it seemes their former jealosies , and exasperated them into such resolution● as that divers of them ( whose names i protest i know n●● not so much as one for present ) being of severall r●●iments came about five or six of the clock , next morning ▪ to his lordship ▪ chamber doore , desired to speake with him upon notice whereof , i hastened to the earle of lauderdales lodgings , and the earle of denby with me : wee found the souldiers and the lord lauderdaile reasoning very calmly together , his lordship telling them he was a publike person , and they could offer him no affront , but it would reflect upon the kingdome of scotland , and tend to divide the . nations , the souldiers told him , they found he many times acted as a private person , as when in the painted chamber he undertooke for all scotland to engage as one man against the army , ( which as they heard ) he had no commission for from the state of scotland , what they did was in reference to the lord lauderdale , and not to the scottish nation ; and had his lordship shewed them any commission , passe , or warrant , testifying his being sent or imployed thither as a publike person from the states of scotland , or their commissioners , i conceive it might have satisfied ; the earle of denbigh endeavoured with all the reasons and arguments he could to perswade them to let the earle of lauderdale stay , and not meddle with him , and my selfe commanded them some to their guard , and the rest to be gone : but from commanding , ( the discontent being very high ) i was inforced for the present , to fall to perswading , i confirmed what the earle of denby before had said to them , that it might be construed as an injurie to the state of scotland , that it would be an offence to the parliament of england , and added that it was a contemning of the generalls power , when they would not obey commands , and would expose both themselves , and me to danger , but all in vaine ; for indeed that horrid violence so lately done to the parliament , and the forced flight of the members of both houses ( whereby that highest authority of the kingdome s●emed to be at a st●●d ) 〈…〉 both the city and mo●● parts of the kingdome into a monstrous ●●in of conf●sion ▪ and of distracted and licentious workings , and weakned ( for present ) the hands of all men in authority under the parliament , so it wanted not its influence of like nature upon the army and souldiery throughout the kingdom , so as officers could not ( at that time ) have the like command of their souldiers , as formerly , nor as now again , since the authority of the parliament hath been vindicated , and both houses ( through gods blessing ) restored to their honour and freedom : for my own part as affairs then stood ) i am confident the lord denbigh will witness it for me : i did my utmost endeavours to have gotten the souldiers away , i commanded , i perswaded , but neither commands , nor perswasions wou●d prevail , the souldiers being unanimously resolved his lordship should not stay at court , nor speak again with the king for that time : and therefore they would not depart till his lordship was ready and willing to take coach . when i saw i could not exercise my commanding power for the present in that matter , nor by it , nor by perswasion divert them from their resolutions : i desired them at least to be civill towards his lordship which they performed , not giving his lordship an ill word , nor laying any hands upon him , mr. cheasley his lordships secretary likewise seconded me , desiring the souldiers to be civill , and to give his lordship leave to say his prayers , the souldiers answered with all their hearts , they would joyne with him ; but his lordship told them he had not the gift of prayer , he would not pray publikely , and presently after went quietly to his coach , the souldiers attending him . thus have i given a true relation of the demeanour , and carriage of that towards the lord lauderdale at w●bur●● , for the conformation whereof i refer my selfe to the earle of denby , who was present all the while , and in testimony ▪ of the truth hereof , i have hereunto set my hand . september . . edward whalley . vera copia , william clarke . my lords and gentlemen . in persuance of the commands ▪ i received for enquiring into the busines of the affront done to the earle of lautherdale , i sent order to col. whalley , to make enquiry of it , and to returne to mee an account thereof . i have hereuppon received from him a narrative under his hand of the occasions , and whole carriage of that busines ( so farre ●s his owne knowledge or present informations concerning it do extend , ) which i have sent you heare inclosed , i desire it may be emparted to both houses , for their present better satisfaction concerning that busines , & if this doe not amount to their full satisfaction therein , but that they thinke fit to have any further enquiry or examination to be had about it , i shall upon further notice of their pleasures therein give order to collonel whaley , accordingly i remaine . putney . september . your lordships humble servant thomas fairfax . for the right honourable the lords and commons commissioners of parliment residing with the army . finjs . an alarum to the counties of england and wales with the oath of abjuration for ever to be abjur'd, or the sad malady and sole remedy of england / by a lover of his native countrey. fuller, thomas, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing f ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing f estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) an alarum to the counties of england and wales with the oath of abjuration for ever to be abjur'd, or the sad malady and sole remedy of england / by a lover of his native countrey. fuller, thomas, - . p. s.n.], [london : printed in the year . attributed to thomas fuller by wing and nuc pre- imprints. place of publication suggested by wing. reproduction of original in bodleian library. eng finance, public -- great britain -- to . great britain -- politics and government -- - . great britain -- history -- charles ii, - . a r (wing f ). civilwar no an alarum to the counties of england and wales, with the oath, of abjuration, for ever to be abjur'd. or, the sad malady, and sole remedy of fuller, thomas b the rate of defects per , words puts this text in the b category of texts with fewer than defects per , words. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - judith siefring sampled and proofread - judith siefring text and markup reviewed and edited - pfs batch review (qc) and xml conversion an alarum to the counties of england and wales , with the oath , of abjuration , for ever to be abjur'd . or , the sad malady , and sole remedy of england . by a lover of his native countrey . printed in the year , ●● . an alarum to the counties of england and wales . with the oath of abjuration for ever abjur'd . our nation , which long since hath lost the lustre and well-being , now at last strugleth for the life and being thereof . our many [ temporal ] miseries are reducible to two principal heads . daily . decrease of trading . . increase of taxes : so that every hour the burden groweth weightier , and the back of our nation weaker to support it . . 't is sad to see , in cloathing countreys , what swarms there are of poor people , the true objects of charity ; if any were as able to give , as they worthy to receive reliefe : for they would worke , and can worke , yet cannot worke , because there are none to imploy them . . as for the sea ( which is the land of port-towns , ) it returneth small benefit ; for since dunkirk was ours , ( more to the credit than profit of our nation ) the fire of sea-robheries is removed out of the chimney , and scattered about the house , not lesse destructive , but more diffusive : so that our merchants could better guard themselves against that single staple of pirates , than many lesser ones sprung since every where , the cause why rich men will not ( as poor cannot ) adventure . . our second misery is , increase , yea , superfetation of taxes , so long as so numerous an army is maintained : for though some of their soldiers will preach gratis , ( conscientious to tahe nothing for that which they know is worth nothing ) yet none will fight at so cheap a rate . . some will say , that what the soldier receiveth with one hand he returneth with another , expending his pay in victuals , cloathes , &c. whereby coin , by circulation , is continued in our countrey . this i deny ; for some grandees , greatned by the times , have made their moneyes over in banks beyond the seas , which are put into mortmain , or a dead hand , whereby no profit accreweth to our common-wealth . others having gotten the estates of lords , live after the rate of yeomen , whose discretion therein is to be commended , for proportioning their expences ( for fear of after-claps ) rather according to their original , than present condition . . the increase of taxes must inevitably cause the ruine of our nation : for though still there be wealthy men left ( as they shew it in their cowardise , and fear to engage for the general good ) yet they grow thinner every day , whilst such as are left no root of their own , rather than they will wither , will turn suckers on the stock of others . so that the greatest happinesse rich men can promise to themselves , is only to be last devoured , though the comfort of the latenesse will not countervail the sadness for the certainty of their destruction . indeed it is miraculous , that our nation hath subsisted so long , and few there are that would believe that the whole candle of our english wealth could last so long , as we have beheld it burning in the socket , but now giving the last blaze , if god be not mercifull , and men discreet to prevent it . . passe we from the sad malady , to the sole remedy thereof , i say sole , not exclusively of divine miraculous power , but according to humane apprehension , and this is a free and full parliament . indeed free-parliament is a tautologie , like a reasonable man , who , if not reasonable is no man ; as the other , if not free , no parliament . but the late frequent forces put on partiaments hath made the needlesse epethite become necessary , to expresse what kinde of parliaments we desire . not such in which every word must be spoken under correction of the sword , but wherein every member , without feare of violence ( to interrupt or dissolve them ) may follow the dictates of their owne judgement and conscience . . nor ought a parliament only be free from force , but also from any abjurations , or previous engagements . let them take heed of renouncing any thing , save what is simply sinfull in it selfe , as the forsaking of the world , flesh , and divel , as was solemnly promised for them in their baptism . but it is bad to be busie with other ab-renunciations , especially of the royall family . . look backward and we may say with david , the vows of the lord are upon us ; i mean on so many of us as are of fifty years of age . the oath of supremacy ( not to mention the covenant ) is the eldest brother , to whom the inheritance of our consciences doth belong . . look forwards , it limiteth gods providence , which is an hainous offence ; we know not what a day , month , year , &c. may bring forth . this age hath the least reason of any to meddle with the edge-tools of such oathes which in a short ( but thick ) time hath seen so many strange things , that now nothing is strange unto us . have we not seen o. cromwell from a private gentleman gradatim ascend to be protector of three nations , and ( by his courage and wisdome without any right ) a more absolute power was possessed by , and larger tribute paid unto him than to any king of england . his son and successor ( counted bad by many for his goodnesse and mild spirit ) for eight months was congratulated by the most considerable persons of our nation . now if some twenty years since an oath had been tendred unto us to abjure the family of cromwels from ever having the supream magistracy in our nation ; such an oath would have seemed safe , but yet it was not lawfull to take it , because none knew what was in the womb of teeming time , though utterly improbable to our beliefe . . besides , the imposers of this oath may miss the mark they propound to themselves , viz. assurance of their own , and discovery of the opposite party ; for many now pass not for the taking or breaking of any oath , and assurance of such is hard in keeping , and indeed not worth the having . other will behold the oath as temporary , and expiring with the power of the imposers . as for the conscientious indeed , eefusing it out of pure principles of piety , it is a barbarous act for persons in power , to turn executioners to strangle tender consciences , whose cordial fear of an oath should be encouraged . . as the parliament must be free , no vassal , but enfranchised from the sword , so must it be full , no cripple , but entire and compleat in all the members thereof . our land hath lately groaned under the most grievous monopoly as ever was or can be , when a handfull of men have grasped to themselvs the representing of a whole ( not to say ) nation , most of them being but burgesses , who , though equal in votes , are not equal in their representation with the knights of the shires . if they presume that the rest excluded by them ( far more considerable for birth , estates , number , love of the people , and what not ? ) are virtually included in them , it is an intollerable presumption . that what pertaineth to all should be handled by all , is a truth so clear and strong , that they must offer a rape to their owne reason that deny it . such also is this maxim , vnrepresented , unconcluded : so that if so few have in them the notion of a parliament , it is a bare notion indeed , especially seeing this handfull of men were ( say the cavaleers ) dissolved by the death of the king ; dissolved ( said cromwell ) by his sword ; dissolved ( say some great ones ) by an act of their owne ( entred into the iournall book of the parliament ) dissolved must their own consciences say , by their voluntary accepting of elections in later parliaments . . now the members of a free and full parliament ( the onely hope of humane help ) ought thus to be qualified : . let them be godly and well-affected indeed , and not in the canting language of the times . . men of estates , who will be tender in taxing others , as striking them thorough themselves , whilst such who bear nothing care not how much they burthen others , as if paying were as easie as voting , and money as free as words . . men of spirits , no dull souls , all the sparks of whose activity are quenched in their own flegm . . no gainers by the continuance of the army . demetrius the silver-smith was no foole ( what ever else he was ) so sticking for the shrine of diana , by which craft he got his gain . . men of moderation , a quality not opposed to diligence , but to violence ; not unactiving men , but regulating their activity . . this their moderation must appear in considering all interests , seeing there be no two interests in the nation so contemptible , which if united , and twisting their discontents together , cannot draw trouble on all the rest . especially the sectarian , ( though presented i believe by their party , through a multiplying glasse ) are considerable on a politick score of their numbers and pious account of their conscience ; for , though many of them carry the later in their purses , , who when they finde the moisture of profit to fail them , will fall off like leaves in autumn ; yet can i not be so uncharitable , but to believe that many of them ( having the heat of their affections above the light of their judgements ) follow erroneous consciences ; besides , having gone loose so long , they must needs swell , if hardly girded 〈◊〉 a sudden ▪ . this moderation also must be used by all other persons , to work themselves to be ( if not pleased ) contented with the decisions of a free parliament . all must sit down losers save such alone , who can plead , that they have been no sinners in our nation . the grand designe must be to have none , or , ( if that be impossible ) as few as may be , utterly ruined . i confesse , two hungry meals makes a third a glutton , and such who have long fasted from their detained estates , will be not onely greedy , but ravenous to recover them . yea , such will shrewdly plead , that they now expect moderation from them , who never used moderation to them . however , in such a general danger , men must depose their animosities , labouring , first , to reconcile their spirits , then , their perswasions , the later being at lesse distance than the former . and men must divide , where they cannot get the whole , seeing few will pity his starving who will eat no bread at all , because he can recover but halfe of his own loafe . . it will be objected that such a full p. is still but an empty parliament , having no house of lords therein : but know , if both hands of a man be bound , no hope of liberty from himself ; but if one be untied , it may do the brotherly office to unloose the other : let us be content to row in a sculler till we can get a pair of oars . and such surely is the ingenuity and publick spiritnesse of the peers , that laying aside personal interest ( which upon debate may appear more ) , they wil suspend their rights , immunities , and priviledges , and submit all to the determination of a free-parliament to acquiesce therein . . god give our nation seasonably to understand their own strength , that the wars begun may be ended amongst our selves before forreigners become the arbitrators of our differences , who will demand great wages for little work , yea and turn their own paymasters thereof . and may that great general ( whose intentions long have stood in the dark to our nation , whilst our nations desires were all the while in light to him , understand that vox populi is vox dei , and interpret , that god calleth unto him by the declarations of all counties , to be chiefly instrumental in asserting our liberties , and we shall have cause for ever to blesse the day of his nativity ; yea , to erect a statue better than gold , of gratitude in our hearts unto him . . indeed had providence fixed our nativities under the duke of muscovy , whose list is his subjects law , we would ( because we must ) work our selves patiently to the obedience of his power . but seeing god hath given us , with s. paul , to be free-born , acts . . ( though also , with the centurion , we have given great summs , not to obtain , but contrive this freedome ) let us not tamely loose our birth-right , and vigorously endeavour their preservation . . the story is wel known of the old woman who having but a small parcel of wood , would leasurably roast her goose stick by stick , till her wood was all burnt , and her goose still raw . if the severall counties singly engage one after another , all will be overthrown , and nothing effected as to our releife . let the two and fifty shires of england and wales ( with the city of london , which eminently is two and fifty more ) be all as one , and unanimously advance the worke , and not do as they dealt with poore cheshire , using it as ioab did vriah , putting him forward on action , then falsely retreating from him , and leaving him a prey to his enemies . but i hope our old shipwracks will be new sea-marks , to us , documented by former nocuments , to steer a surer course for the general good . . there is no english man so inconsiderable , but he may , at the least in a single capacity , be contributive to the happinesse of his native countrey , the wise with their brains , the rich with their purses , the learned with their pens , the strong with their persons ; all with their prayers . and if now they suffer this opportunity which god puts into their hands , to slip thorough their fingers , they may hereafter have more yeares to bemoane their folly , than minutes to amend their misery ; it being better now to say , we will not , than three yeares hence to say , we cannot pay our taxes . finis . by the king, a proclamation for a general fast england and wales. sovereign ( - : charles ii) approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing c estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) by the king, a proclamation for a general fast england and wales. sovereign ( - : charles ii) charles ii, king of england, - . broadside. printed by john bill, christopher barker, thomas newcomb, and henry hills ..., london : . "given at our court at whitehall, the twenty fifth day of october, . in the thirtieth year of our reign." reproduction of original in the huntington library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng popish plot, . great britain -- history -- charles ii, - . great britain -- politics and government -- - . - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion by the king. c r diev et mon droit honi soit qvi mal y pense royal blazon or coat of arms a proclamation for a general fast . charles r. whereas the lords spiritual and temporal , and commons in parliament assembled , having beén made acquainted by his majesty , that there is information given of an horrible design against his sacred life ; and being very sensible of the fatal consequence of such an attempt , and of the dangers of the subversion of the protestant religion , and government of this realm ( which god in his infinite mercy hath hitherto prevented , and it is to be hoped will prevent for the future ) have most humbly besought his majesty , that a solemn day of fasting and humiliation may be appointed , to implore the mercy and protection of almighty god to his majesties royal person , and in him to all his loyal subjects ; and to pray that god will bring to light more and more all secret machinations against his majesty and the whole kingdom : the kings most excellent majesty , out of his own religious disposition , hath readily inclined thereunto ; and doth therefore by this his royal proclamation , command a general and publick fast to be kept throughout this whole kingdom , in such manner as is hereafter directed and prescribed , that so both prince and people may send up their prayers and supplications to almighty god , to and for the purposes aforesaid . and to the end that so religious an exercise may be performed at one and the same time , his majesty doth hereby publish and declare to all his loving subjects , and doth straitly charge and command , that on wednesday being the thirteénth day of november next , this fast shall be religiously kept and celebrated throughout his kingdom of england , dominion of wales , and town of berwick upon tweed . and that the same may be performed with all decency and vniformity , his majesty , by the advice of his reverend bishops , hath directed to be composed , printed and published , such a form of divine service as he thinketh fit to be used in all churches and places at the time aforesaid , and hath given charge to his bishops to disperse the same accordingly . all which his majesty doth expresly charge and command shall be reverently and decently observed by all his loving subjects , as they tender the favour of almighty god , and would avoid his wrath and indignation against this land , and upon pain of undergoing such punishments as his majesty may justly inflict upon all such as shall contemn or neglect so religious a duty . given at our court at whitehall , the twenty fifth day of october , . in the thirtieth year of our reign . god save the king. london , printed by john bill , christopher barker , thomas newcomb , and henry hills , printers to the kings most excellent majesty . . the kings cavse rationally, briefly, and plainly debated, as it stands de facto against the irrationall, groundlesse misprisions of a still deceived sort of people. doughty, john, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing d ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing d estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the kings cavse rationally, briefly, and plainly debated, as it stands de facto against the irrationall, groundlesse misprisions of a still deceived sort of people. doughty, john, - . [ ], p. printed by henry hall], [oxford, eng. : . reproduction of original in huntington library. eng charles -- i, -- king of england, - . divine right of kings. great britain -- politics and government -- - . a r (wing d ). civilwar no the kings cause rationally, briefly, and plainly debated, as it stands de facto. against the irrationall, groundlesse misprisions of a still doughty, john f the rate of defects per , words puts this text in the f category of texts with or more defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - taryn hakala sampled and proofread - taryn hakala text and markup reviewed and edited - pfs batch review (qc) and xml conversion the kings cavse rationally , briefly , and plainly debated , as it stands de facto . against the irrationall , groundlesse misprisions of a still deceived sort of people . . sam. . shall the sword devoure for ever ? know yee not that it will be bitternesse in the end ? heu quantum potuit terrae pelagique parari , hoc quem civiles hauserunt sanguine dextrae ? printed ann. dom. . the kings cause rationally , and plainly debated , as it stands de facto . &c. concerning the nature or quality of these unhappy distractions we have long groaned under , & consequently by what name or title we may best decipher them , i need not to speake much : a civill warre it is , who sees not , yea plusquam civile , more then so ; an unnaturall , bloodie warre , wherein friend stands engaged upon tearmes of defiance against his friend , brother against brother , even father against the sonne , making good by this meanes in these last and dreggish times of the world that inevitably true prediction of our saviour , luk. . . what the event or issue of this warre so unluckely begun , and as obstinately still maintained , may be , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , god he knoweth . the best we can probably expect ( unlesse the same god be pleased by a timely prevention to make up the breach , must needs be a speedy overwhelming of this once flouris●ing island in the generall deluge of ruine and destruction . but enough of this ; the truth herein is too notoriously apparent to our extreame sorrow , and rather requires the helpe of some kinde of healing salve ▪ then of a farther corrosive ; it may be worth our consideration then in the first place to observe , against whom namely be these warlike armes taken up ; against the king questionlesse , patrem patriae , our lawfull soveraigne , the lords annointed : that {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , as one expresseth it , that supream power placed in so neer a distance under god himselfe , that whereas we in modesty terme kings or rulers here upon earth , his vicegerents only , he hath pleased to advance them to an higher title , and plainly stiles them gods , i have said yee are gods . ps. . . and hence further is it that we find in scripture the seat of royall judicature , as usually termed the throne of god , as the kings throne ; nor themselves barely the deputies or ministers of men , but gods ministers , his peculiar substitutes . all power is from god , i willingly acknowledge , by some way of derivation or other : but this for certaine more immediatly and in a neerer degree , as being the supreme , . pet. . . more determinatively too in that he alone is the disposer both of kings and kingdomes saith the prophet , dan. . . dan. . . . even to a particular designation of the person frequently , as we finde it to have been ( not to speake ought of exoticke governments ) in the iewish commonwealth . the heathen anciently by the very light of nature found out this truth . {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , saith the poet , and another yet more closely {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . the king ( saith he ) is the truest and liveliest reflex or image of god upon earth that may be ; humani ioves , as the latine comoedian speaking of such persons in a straine beyond them both . and surely for this reason particularly amongst other ( in my poore fancie ) is that very title above mentioned of being called gods bestowed upon them , to wit in regard of their dominion and soveraignetie over the rest , which they still retaine as a maine relique as it were of that gods image at first stampt , and engraven upon the soule of man . now as ' i said , against this soveraigne power neverthelesse be these armes lifted up : a power so sacred , it seemes , as not to be touched or but roughly medled with ; since touch not mine annointed ( not the chiefe then be sure ) is the interdictive expresse caution of the almightie ; david thus did but touch saul by cutting off the skirt of his garment , and we see how his heart smote him streight ; in as much , as , who can stretch forth his hand ( saith he ) against the lords annointed , and be guiltlesse ? for however to colour and disguise the businesse , the king hath been all along pretended to these harsh unusuall proceedings of late , as if what were done , were not against him but for him , yet is this in truth such a strange peece of state-sophistry , that men , though of meane capacitie cannot i suppose at last but discerne easily and see through it ; nuga & quisquiliae , unlesse they can possibly shew pro & con : with and against , termes so widely opposite to be one and the same , which yet will neither good logick admit in the former , nor scripture phrase acknowledge in the latter : that saying of our saviour , mar. . touching matrimoniall union , quos deus iunxit nemo separet , is in a good sense if read backwards appliable to the present divisions , q. d. s. n. jung : whom god in his secret displeasure , as here , hath a while really divided & set at distāce , let none go about in pursuance of their close unjustifiable designes by bare and emptie termes to ioyne together . you say you are for the king , entitle him to every act , the king saith no , disclaimes it utterly , often and againe hath protested against it : whō may we in reason rather beleeve ? especially considering those grosse & monstrous inconsequences which follow hereupon , as that thereby he is made to set forth edicts , levie monies , wage war , and all against himselfe . it is true ( i confesse ) in some cases , as where the prince is a minor and under age ; or where he is not compos sui through weaknesse of his intellectualls , this may well hold , and the seeming contradiction be easily closed up : the reason is , for that there the party is not master of his own actions , nor can he , in a legall consideration be reckoned amongst those {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} whether in art , or nature , which move of themselves , but as one rather who is moved from without . there both law and equitie justly commit such a one to the tuition and guidance of another . but where there rules a iudicious and discerning prince , able to steere by the conduct of his own reason , there to plead your being for him , and yet goe crosse to his commands , is such a fine peece of artifice , as may serve perchance to ensnare the simple , but withall occasion the wise to smile . if it be here replied ( as some have done ) that this resistance of theirs is meerely against the king his private , not his publique , his personall , not his royall commands ( for as so , say they , he must be supposed alwaies to speak in the voice of his parliament , or else that of the law . ) a poore shift , when as they are faine to shape on this manner their evasions at the romish forge ; for thus deale they , labouring by a like art of sophistrie to set up monarchicall government in the church , as these endeavour to pull it downe in the commonwealth . to this end have they divided ( who knowes not ? ) the pope even from himself , by considering him as he is a man , & as he is pope ; as hee is a private man , say they , he may erre , but as he is pope and sitting in the chaire , he is infallible . such cob-web thin-spun distinctions as these , i have ever thought fitter for speculative disputes , then at any hand to bee drawne into outward practise . they carry somewhat with them , the sound , but are altogether void of substance . otherwise by the same rule i might slay my brother , not apprehending him as one of adams progenie , as my selfe am , but under the common notion of some sensitive kinde of creature , or say i le rob him of his substance , not conceiving of him as my neighbour , but as of some professed enemie : and yet againe when or where will they be able , i mervaile , to finde the king on this wise divested of a royall influence into all commands of state , not repugnant to the lawes already being ? or moreover not alike stil , whether placed in his throne or out of it , representative of a publike person : these are nicities that require a ray or two of further illustration from them . be it further urged , that notwithstanding this their resistance to his commands , yet they love and honour his person , as in duty they are bound to doe . not so certainely neither ; i am sure our saviour , io. . . teacheth another doctrine , if yee love me , saith he , keep my commandements . mark the consequence : and iehu , . kings . . about to destroy wicked iezabel who is on my side , saith he , who ? and immediatly wee finde his commands fulfilled , v. . true love towards our governours ever begets an inward obedience or subjection of the soule , & obedience straight breaks forth into outward performances . obedientia according to the etymologie quasi obaudientia : the word imports a willingnesse of hearkning and ready submitting our selves to the commands of our superiours . in briefe it is our duty not over hastily to dispute , but obey their mandates : otherwise of subjects wee become iudges both of them and their actions . being thus driven from either of those two former holds , they betake themselves for refuge to a third , and that indeed the weakest . we have not taken up armes plead they , against the king , but against the malignants and evill councell which is about him . here i cannot but remember the manner of certaine fencers or swash-bucklers in rome , anciently called the retiarti , whose fashion it was in fight , when as pressing eagerly upon the adversary , and endeavouring to cast their net ( wherewith they were fitted for the purpose ) upon him , that so they might entangle him , to crie piscem peto , non tepeto , i make at the fish ( a fish it seemes there being engraven on the others helmet ) and not at thee . so these men , they pretend a war against the malignants , but they pursue the king ; yet doth not the king write them friends whom they terme malignants ? doth he not owne and uphold them in their proceedings ? so as their being against them , argues manifestly their being against him . it is a gospell inference , mat. . . for in as much as yee have done it to one of these litle ones , the least of these my bretheren , saith our saviour speaking of his poore distressed saints , yee have done it unto me , so likewise ; v. . act. . . howbeit they still goe on , seize on his ships and magazines , force his townes and castles from him , yea shut the gates against him ; unlesse happily , as it befell phaedria in the comoedian from his kind mistris , who pra amore exclusit foras , as it is there , they likewise may be thought to have done whatsoever hath been acted in these affronting waies , meerely out of the zeale and tendernesse of their pure affections . this was the first consideration i made chice of to propose , concerning the person , namely against whom this war is undertaken , the king ; next i would have it considered that as it is the king , so he is a king interressed to his crowne by virtue of inheritance , a king , as i may say , natus , non factus , borne so , not made ; what the difference in this ease may be , as touching the validitie of interest or right to their dominions , between an elective and hereditary king , ( this for certaine being the more absolute and unconditionall of the two ; moreover the conditions what ere condescended to essentiall there and necessary constitutive to the very essence of soveraigntie ; here for the most part meere volun●ary and subsequent acts of grace , and so lesse censurable ( by man ) upon the breach and forfeiture , then there they are ) i will not make it the argument of my present discourse ; nor doe i produce this topick as meaning thereby to adde any strength of supportance to his sacred title ; that needs not ; but only as willing upon all true just grounds , to improve that dutie and loyall respect in the mindes of reasonable men , which they owe to their soveraigne ; it was somewhat surely ( at leastwise the poet thought it so ) that agamemnon doth so boast of the antiquitie and descent of his scepter , fetching it downe from vulcan to jupiter , from jupiter to mercury , from mercury to pelops , and so onwards . {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} — we behold with a kind of reverence some high and loftie long growne oake , yet not so much for its height , as for its continuance , and as it were conquest gained upon time ; which since man himselfe by reason of his naturall frailtie cannot attaine to , we reverence it in his off-spring . thus it fares in private families , and thus should it be much more in the line of princes , who are patres familiarum , and so commended to us in scripture under the title of being the heads of their tribes . the point i drive at is this : princes by inheritance , as they have taken deep root , and are firmely seated in their throne , through virtue thereof , accordingly may they challenge a firmenesse of duty and alleagiance in the hearts of their people . in the third place let it be considered , that as he is an heaeditarie king ; so hee is a good and gracious king ; a prince singularly accomplisht throughout , malice her selfe , for ought i could ever heare , hath not in this particular whereon she can justly discharge her envenomed rancour ; look upon him in his owne line up to the top of his ancient and long renowned pedigree , treading through the whole series of his famous predecessours ; or look upon him in a collaterall line , and compare him with the neighbouring princes about , and without offence , i suppose , ( take him but in all respects ) i may parallel , if not preferre him to the best . quaeris alcidae parem ? nemo est nisi ipse ; what zenophen hath delivered of princes in the idea for morall virtues requisitely behoofefull in them , and what synesius with others for christians , we have here in some sort fulfilled in the history . but i must be sparing in the point for feare of censure ; nor needs in truth a gemme so resplendent and eminently apparent of it selfe much labour in the setting of ; it is no more then whatinteffect i have observed to drop from the pen of one of their own party ; omni exceptione major , grants he : a prince in his own naturalls or proper constitution beyond all exception ; only thus much then by way of aphorisme . o fortunati nimium bona si sua ! thrice happy we of this nation , if we rightly knew how to value herein and esteem our own happinesse ; which on the by might well give check to many of our seditious pamphleters & others in their crude indigested pasquils , who notwithstāding the scripture its so frequent caveats in this kinde against despising dominions , speaking evill of dignities , nay but ill thinking of them , they as it were , carried aloft in the strength of their unmannerly brain-sick zeale , make at the highest , and as the iewes once dealt by our saviour christ , forbeare not to spit in the face of majestie it selfe . vpon such as these hath the apostle st iude pronounced that heavie doome ( which i could wish they did seriously consider of ) allotting them as a just reward of their ill demeanours the blacknesse of darknesse for ever iud. . fourthly , i wish it may be considered how that he is a peacefull king : peace doubtlesse is a great blessing to a kingdome , and so is a peacefull king : o pray for the peace of ierusalem , saith holy david , and st paul , follow peace ▪ heb. . ver. . {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , the word implying thus much , that men should pursue and hasten after it , like as they doe for the prize in some race or game of contention , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , in some such sense ofttimes in homer . now hath not the king been thus zealous for the peace of our ierusalem ; hath not he likewise ( though in vaine ) thus pursued and hasted after it ? witnesse the manie overtures or rather entreaties for peace made by him : and all this really , unfainedly ; not dissemblingly , or under a vizard , as those of davids enemies , whō therefore he deservedly complained of , that whilst they spake of peace , they had war in their hearts , ps. . had others been as forward as he , to imbrace termes of peace , to tread in that viâ lacteâ , wee had ere this ( my conscience gives me ) all closed in a peacefull end : yet no mervaile in it , for a peacefull sonne to proceed out of the loynes of a peacefull father ; his motto was pacificus ; neither doth our soveraigne ( i confidently beleeve it ) desire rather to have his browes encircled about with the lawrell of victory , then of peace and concord with his people . the fifth consideration shall be , whether these armes so taken up , be offensive , or defensive , defensive ( say they ) and will not be perswaded to the contrary ; there is the maine {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} of the businesse with them , a speciall point indeed ; let us a litle examine it ; civilians teach us that a defensive resistance is , when as the defendant is no way the cause or occasion of the conflict , by some kinde of former provocation , and then afterwards in the very act , he doth but propulsare injuriam , stands meerly upon his guard as ▪ t were , ayming rather at his own safetie , then the others ruine ; in a word neither provokes , nor pursues his enemie . this is the nature of a true defensive resistance , otherwise suppose i kill a man , to say i did it in mine owne defence , having yet provoked , pursued , and then assaulted him , would prove , i feare me , but a slender kinde of plea , even at the barre of common justice . the case comes neerly home to our purpose , for be it examined on gods name with an impartiall judgement , and let not actions so apparently done in the face and eye of the world be either grossely denied , or cunningly shifted off . who first ministred the occasion of this unnaturall war , by tumults and seditious riots , in the open streets ? next , who first drew sword , & gave the onset , as it were , thus putting fire to the fuell now prepared and laid together ? who lastly hath ever since most hotly pursued and followed the businesse at first so unfortunately begun ? the king all this while almost , sueing and intreating for peace , if so peace might have been obtained upon faire and honourable termes consistent with majestie : what town or sort at the beginning did , or at least needed to have feared his entrance ? nay , what towne or fort may yet justly feare it , if as they have unwarrantably taken up armes , so in acknowledgment of their error ; they shall submit , & peaceably lay thē down — civilia bella — vna acies patitur gerit altera , all the offensivenesse i can descry in the king as touching the whole matter is , that being at length enforced thereto , he would not suffer himselfe and his good subjects to be overborne with a tempest , and not make head against it : if this be it he is censured for , it calls to minde that story of him , who having first smitten his neighbour with his fist , afterwards sueth him , because his head was hard and hurt his hand : passion , say philosophers , in any subject is not without some manner of reaction joyned to it : nor can we defend our selves but it is most likely we shall in some sort or other offend the assaylant . but the nature ( as i said ) of a simply defensive resistance , is to be tried at the test of the premised circumstances . sixthly and lastly , it will be worth our consideration to examine upon what grounds these armes be lifted up ; ●t is an axiome in state policie , and ever hath been , that better to connive at and suffer some inconveniences in a church or common-wealth , then to expose either to the manifold dangers of alteration . and one of their own outlandish doctors in a tract of his upon the like argument ( though pleading for resistance ) yet layes it downe for a principle or sure maxime without all peradventure : i must confesse mine owne ignorance , as not having lynceus his eyes about mee ; and therefore desire to be informed by others , whereupon this so urgent necessitie of a civill war may be thought to have been grounded ; otherwise i shall easily be induced to beleeve , that with him in the history , they doe but pursue their owne shadowes , or shoot at a mark which themselves through the errour of their weake fancies have set up . is it for matter of religion , as it was maintained in the best and purest times of a reformation . the king hath promised it , himselfe doth practise it , and i heartily wish the best of his ill-affected subjects were but herein followers of his good example . is it for the libertie and freedome of our persons ? the king hath likewise passed his word upon it ; is it for a property in our goods and estates to be enjoyed by us according to the established wholsome lawes of the kingdome ? i must returne the same answer . for what then ? davus sum , non oedipu● : i desire that some good men or other would be pleased to help me out ; where there occurres not danger of our religion , nor of our liberties , nor yet of our estates to be invaded or trenched upon ( as neither can the master architects of these miserable distractions , i suppose , though having artificially perswaded others , fully perswade themselves there is ) there to take up hostile armes , you may if you please , stile it a just resistance , but what terme it deserves of right , let the world judge . besides then the groundles surmises , feares & jealousies of certaine melancholy overworking heads , as may be well imagined , since , prona est timori semper in pejus fides . and those too many of them , it is to be thought , like false fires , raised of purpose , by the industry of cunning projectors , only to amuze the simpler people : no other ground or reason can i finde of these publique commotions , unlesse what remaineth , it may be the distemper'd and perverse ambition of some particular person ; i burthen none with this heavie charge ; but so it is in the generall , that men of discontented humours , or otherwise ambitiously disposed had at all times rather hazard the common peace and safetie of the whole , then fayle of their proposed private designes ; publicis incendiis patriae clarescere , as he speaks hath alwaies been more for encouragement then a stop to the proceedings of such kinde of spirits ; chiefly whēneed & a decayednes of fortune , help to sharpen and whet on this froward ambitious humour of theirs ; and as there ; so likewise is it where men have casually embarqued themselves further , into great affaires , then that they are able with safety to come off ; there they stagger and faulter up and downe , as much uncertain what course to take , yet still make onwards , and rather then perish alone , desperately put all into a generall confusion : with sampson taking his last revenge against the philistines , they pull down the house , though necessarily it fall upon their own heads , causing thus the guiltlesse ruine of a whole nation oftimes to wait upon the herse of their deserved overthrow . notwithstanding all this the king , say they , for certaine , hath formerly tran●gressed in the premises by declining from the manifest and knowne rules of the law . i will not here argue the just prerogative of kings , what they may happily challenge to themselves , either praeter or sup 〈…〉 a , besides or above the law . this would be censured streight ( such is the malitious wit of jealousie ) as a plea made for the establishment of an arbitrary goverment ; yet so machiavell may teach , or his associates perchance , but not i : thus much only then i shall say in this matter ; what ere priviledges the prince is possessed of , whether derived unto him by custome , or as grounded upon the law it self , favore amplianda sunt , is an authentique saying borrowed from canonists ; they ought of right rather to bee improved , then any way diminished by us ; without any curb or boūds at all imposed frō law to regulate them by , did kings ( we find ) anciently and in those heroick purer times of the world ( thence rightly termed {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} with the like ) governe the people subjected to them . but and this farther : there can be no state so exactly framed & composed according to the rule of law , but that it will require some kinde of a moderating dispensative power left in the hands of the supreame magistrate ; since the law is generall , nor can it therefore possibly extend to a through determination of all particulars : and in such a case i had rather ( if i needs must ) be under the power & governance of one , then of many . easier was it for athens to suffer the arbitrarie dominion of one tyrant , then as they did a while , of thirty : and for rome upon emergent occasions the dictatorship , or absolute government of a single magistrate , then that of the decemviri . it is confest that where the way is plaine and open , no obstructions or difficulties to hinder , there for the magistratet o walk {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , as the philosopher prescribeth , is the safest course : but this cannot alwaies be , i presume , in the best commonwealth , though never so well ordered by the square and advice of the wisest lawgiver . and now for their objection more particularly . grant the king hath heretofore somewhat swerved from the knowne dictates of the law ( yet not to that height , neither will themselves say , as either of tyrannie , or grosse idolatry , howbeit the onely just causes of resistance doubtlesse , were there any just ) what ? finde we not david and solomon , the best and wisest of kings to have digressed oftimes into sundry by-paths of sin , and errour from the law of god , even to the highest pitch ? take in ahab , manasses , with others of the worser sort ( nor yet questioned thereupon by their subjects streight for their fowle and truly insufferable misdemeanours in point of regall government ; yet were they as strictly bound by solemne covenant , both towards god and man , entred into at their severall inaugurations , to a performance of certaine conditions , as kings at present be ; nor doe we generally finde gods priests and prophets then , the ordinary sole interpreters of his hidden pleasure , upon any termes what ere freeing the people in the least degree from that indissoluble tye of their duty and subjection to their lawfull soveraigne : unlesse occasionally , by virtue of some particular expresse , or other from the very mouth of the almightie , as it happened in jehues case rising up against ioram . . kings . or in that of jeroboam doing the like by his liege lord , . kings . which with the like extraordinary and immediate commands from god ( unusuall for these times ) our enthusiastis thēselves will not , i hope , in modesty offer to pretend to in their present undertakings . and say , must princes then be brought upon the stage , and subjected to the danger of being resisted by the people , upon a supposall of every slip or petty errour committed by them ? princes ( they may be pleased to know ) as they are {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , or patres familiarum , as was said before , so have they a large family to governe and supervise . adde hereto the many intricate and perplext mysteries , those arcana imperii , which they have to deale with in the management of the sate ; so as they see not alwaies what they doe ( neither can they ) but by other mens eyes , nor heare they , but by the eares of others , but are forced to use the subservient help and assistance of their ministers . can they shew me wherein the king hath knowingly and willingly broken in upon the received lawes of the land , and that without a full perswasion of what he did , to be just and warrantable ; hic nodus vindice dignus ; for as so , i am confident , hee may safely proclaime it aloud with old . samuel . . . whose oxe have i taken , or whose asse have i taken , or whom have i done wrong to ? and with st paul , though in another sense , i am pure from the blood of all men , acts. . . errors till now of late were not wont to be accounted crimes , not in the meanest , much lesse in princes , wholy so high , at leastwise should doe , above the levell & pitch of common censure . and yet againe , hath not the king long since been pleased to descend , as t were , from his throne of majestie , yeelding to a gracious revocation of whatsoever but suspectedly might seeme heretofore to have been carried in a wrong course ? hee who by virtue of his place is , & hath been alwaies so esteemed of in former times , not only {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} or {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , the chiefe framer and withall dispenser of lawes , but also {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , the very life and soule of the law : a point therefore which maiestie useth but seldome to stoop to ; princes accounting of none as competent judges of them and their actions , save god alone ; since it is a true saying , rex est qui regem , maxime , non habeat , he is truely a king who acknowledgeth no commanding power upon earth above himselfe . against thee , thee onely have i sinned ; we know whose submission it was , and to whom he tendered it ; neverthelesse our king he hath done it , his royall declarations on the one hand , and his reall transactions on the other , extant in so many gracious bills passed for the good of his subjects , may serve as a sufficient pledge of this truth . had but rehoboam done the like , notwithstanding his precedent so offensively grosse extravagancies indeed , mentioned . , kings , . the revolted tribes , ( as it is imagined by the best ) had soone returned to their due obedience ; even among private persons a mans word backed with reall performances hath ever been esteemed of as a sure testimonie of his true and sincere intendments . for all this , there be some so impudently fearefull that they dare not trust his maiestie ; and it is this diffidence , amongst other things , which hath been a chiefe incentive to these publique disturbances ; although a vaine one , if rightly considered of : when as men shall goe about to undoe a commonwealth , onely because they feare and weakly suspect , it may be undone , furor est , ne moriare mori : there being moreover provided , as there is , a most sure and soveraigne remedie against all such danger , an effectuall {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , for what ere distempers casually arising or happening in the state , that of a trienniall parliamentarte convention ; but say , i beseech you , not trust him ? not your king ? so religious and just a king ? not him whom the lord himselfe hath trusted ? whom god and the law both have entrusted with the charge , of so great a people ? whence kings they are usually stiled in scripture , pastors , fathers , termes of themselves importing much trust and affiance to bee had in them : that too after such solemne protestations , such effectuall imprecations made to this purpose , and published by him ? lastly , after the many acts of grace ; done by him already , as sure pawnes of his reall intentions for the time to come ? yet after all , not to afford your soveraigne so much credit , as but what either turke , or pagan upon like termes might rightly challenge at your hands ? wonderously strange ! especially that men so credulously given in matters of highest consequence , should prove so diffident and distrustfull here ! so confident god-wards , and so suspicious of his vicegerent . strange if not an offence , happily , ( besides its arguing further , some {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , or innate fraudulency of selfedisposition ) against the rule of common charity , which lessoneth us to entertain a favourable conceit of all men , . cor. . nay a trespasse against the knowne lawes of nature , that prompts us to deale with other men , as we would be dealt with our selves , to mete out to them the same measure , we desire should be meted back to us . the truth is , yeeld them so much power into their hands , whereby they may be inabled to command if not as masters of the kingdome , yet as the masters mate , keeping the scales upright in an equall poize , readie to turne at their own pleasure . in a word , able when they list , to binde their kings in chaines , and their nobles with links of iron , as the psal. mystically deliver it . and then t is probable they will be induced to trust him , but not till then . i may adde it as a corollary here : never better prince , upon no better grounds , so harshly and uncivilly intreated by his subjects . yet some moreover there bee , who stick not to complaine , that he is still misled ; so runs the phrase ; but for gods love by whom , or how ? doe they meane so , as each man is drawne away and tempted , as s. iames teacheth , of his own lusts and untamed desires ? his knowne moderation and temperance in all respects will free him , as much as may bee , from this imputation ; by those then in private which are about him ? if it be so , without more adoe ; and that the old pernicious stratagem of galing and wounding the prince through the sides of his neerer attendants , be kept up ; ( although this exception might now at leastwise well be spared , a greater part of the two houses being present to assist him ) howbeit were it so , as they pretend , it seemeth in time it may prove a criminall offence to be nigh his sacred person ; and that which hitherto hath beene accounted an honour , shall be imputed as the greatest aspersion ; and so by degrees every loyall true subject , at what distance so'ere shall in fine become a delinquent ; time was when disloyalty or but disaffection towards the soveraigne was made to be crimen crimine vacantium , saith the observant historian ; a punishable fault in such that wanted faults of accusation besides : but now we may expect and justly feare the contrary ; it hath already thus befallen the ministry in their kind , most of the conformable worthyer sort of them in all places , being thereupon , and for no other reason commonly , strangely metamorphized , through a wrong interpretation , into a new shape , and so presented to the world under the title of popish or scandalous ; but therefore let us rather know in what ? why thus , as farre as my weake apprehension will carry me . the king is not pleased to grant whatsoever is demanded of him though never so unreasonable , ergo he is misled ; because his majesty will not yield to an hocksing and laming of his owne reg●ll authority transmitted unto him entire from the hands of his illustrious predecessours : to a new moulding of the state after the venetian platforme : to a new building of the church suitable to the genevian modell . in breife to the creating of a new heaven and a new earth here amongst us , that is a new church and a new commonwealth , he is misled , he is seduced by wicked counsell . this is the summe and totall of the businesse , as farre as i can understand , or if there be more in it , i wish it may be made appeare , and the mindes of the moderater sort of people thereby better satisfied ; neither yet would i be so understood in these last passages , as if i desired that matters whether in church or common wealth should altogether stand as they have done , unmoved , unquestioned . not so perchance , ( albeit this be a poynt without the retch of my decision , ) since what church or state was ever knowne to have long continued free from the creeping in of sundry pernicious and destructive abuses . like as some garden or other , we see how it becomes overgrown with weeds streight , if not carefully and often looked to or as the body which quickly superabounds with noxious humors , unlesse now & then it be cleansed by wholsome physick . but there is , i conceive , a wide difference to be found betweene a reforming of what is amisse in either , and the absolute transforming the whole into a new shape ; betwixt pruneing or lopping off the excrescencies of some over luxuriant vine , and a quite digging of it up by the rootes ; this is destructive , that usefull , the former may well be tolerated , nay is some times very requisite . but it is this latter which sober understanding men do so abominate , whereby not only the old and soure leavin is to be purged forth , , as saint pauls counsell is , but both batch and laevin , are in danger to be done away together ; and now a little to recollect in one those short imperfect considerations , which have hitherto beene deliverd upon this argument , as 't were gathering together the dispersed handfulls , and making them up into one entire bundle . here is you see a warre continued , a cruell bloudy warre , this too against the king without question ; yet this king an hareditary , a good , and peacefull king ; withall the armes taken up and used in this warre , they are not , as it is pretended defensive , but offensive plainely ; then lastly upon what occasion or ground ariseth all this ; certainely upon none as yet , that hath not at leastwise beene graciously retracted to the full : and as for the future there 's none imaginable , unlesse the bare furmises and lealousies of men , as was formerly sayed , working them into a needlesse distrust of the kings fidelity towards a performance of his promises , may be held a lawfull and sufficient ground ▪ and tell me , what soule endued but with common reason can approve of such irregular horrid proceedings , which no age , i beleeve , since the times of christian rule and subjection first instituted amongst men ( if taken with all circumstances of aggravation ) looke over the remaining annals , peruse the choycest records , can fully patterne or exemplifie ; what heart can chuse but bleed upon a serious consideration of these groundles intestine broyles , broken forth within the bowells of this once flourishing common wealth , which ( as that ignis sacer with physitians , rageing in the bones ) of all diseases and annoyances to a state , is the most dreadfull . i have done with the first branch of my intended discourse , concerning the king ; i come next to speake somewhat of the d , the people ; the king and his people as subjects , are relatives , and so may well be comprized within the lists of the same argument ; now the people may be considered either disjoy ntedly and apart , or else as they make up one entire representative body in that highest court : in this latter capacity or consideration i shall not say much of them : i love not walking upon precipices , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} things above us deserve rather to be reverenced by us , then over boldly medled with ; but yet this i may safely say , and without offence , i imagine , that the wisest assemblies in this kind that may be , cannot amongst the rest of their priviledges what ere challenge to themselves a priviledge of being altogether free from errors and mistakes . it hath beene so in the gravest councells of the church as hitherto ; ( true councells indeed , and those truely and legally summoned together ) one solely accepted , and that the first , wherein the holy ghost after a more immediate manner did sit at sterne , moderateing and directing their present consultations . to pretend either here or there to an absolute infallibility would ●avour too much of popish arrogancy : yet a blemish which neither the lay nor ecclesiasticke part of this kingdome will be willing i hope , in any considerable number to acknowledge themselues much guilty of . againe we find in councells how there hath swayed oftimes a prevailing faction or party : so as they deserved not so much to have beene termed concilia , as conciliabula , rather conventicles then lawfull assemblies , and accordingly the result of their consultations hath usually tasted strong of the prevailing side : nay , we have heard of councells or synods , that for a great part there sitting , in the first choice or constitution of them , have not alwayes beene , 't was thought , so impartially assigned to the place , as not consisting of the best , the ablest , and every way fittest for the worke that might be found : witnesse the many examples of councells both ancient and moderne too , which might be called upon in attestation of these truths ; i apply not the one , nor the other : but this i may perhaps inoffensively say : what hath often happen happened to a councell , may at some time be fall a senate : those of the short robe are not more exempted then those of the long ; howbeit i wave the point , with a {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} there , wishing , though no wayes hoping , all to be well . yet one thing more , which i had almost forgotten , & it is this ; what power soever the representative body hath at best , questionlesse it hath it from the body at large , the people ; as the sunbeames contracted into the narrow concave of some burning glasse , they are the same with the beames in open aire , though some what more vigorous and active by reason of this contraction ; not boundlesse or uncontrouleable can such a power then be , for that were more then the people have in themselves under any capacity , as being subjects still . and nihill dat quod non habet , is a maxime in philosophy , as true , as common ; should the people pretend to the bequeathing of such an unlimited power , as our saviour bespake the two bretheren sueing for preceducy of place in heaven , ye aske ye know not what ; the like might i say of them , ye presume to give ye know not what : so then the power both inherent and derived from the people , is bounded , and ought to move regularly ; not beyond the scope it was intended for ▪ i gave my vote to the erecting of this power , not meaning it should recoyle upon my selfe , to the subversion either of my estate or liberty ; nor yet against the soveraigne power whereto it is subordinate , as being absolutely the highest , if saint peter mistake not . peter . . to talke of a coordination hereof the three estates ( as some have wisely done ) making the king one of them , ( who yet indeed is none , but properly and truly ( will the learned in law soone tell us ) head of those three , viz. the lords spirituall , temporell , and commons of this land , according to the ancient usage and contrivance heretofore of parliaments . ) but grant it were as they would have it , to talke i say , of a coordination of the estates in this case , were in effect , besides other absurdities following thereupon , ( if the result be throughly lookt into ) to constitute a supreame without inferiours , a king for the time not having subjects ; the people all of them ( as it must needes follow ) being implicitly involved under the other two ; how much better would a soft complyable motion do betwixt the three , and forward the dispatch of businesses most effectually : it should be like that motion in the prophet ezekiels vision rota in rota ; or as of the sphaeres above , which move one within another . that crosse contrariant motion of the neather sphaeres to the first moveable , we know how it begets a slownesse or tardity in them of their proper and naturall procession ; and we see by wofull experience what a stop , if not a retrograde declination of civill affaires , the clashing or banding of one power against the other hath wrought of late in this miserably distracted common-wealth . but falling downe , as i was about , to a lower pin , let us next consider the people in a disgregative sence or notion : those who hitherto upon all occasions have so firmely every where ( whether voluntarily or invited to it , i meddle not ) adhaered as a strong support to the higher powers ; i meane not here to enter the lists of a particular comparison , by poysing man with man , person with person on either side ; but as we may find divers of good note ( be it confessed ) on that part , so are there many more , let me say it , on this : if saul hath slaine his thousands , david can boast of his ten thousands : the muster rolle if lookt over would better determine this quaere , then i can ; well may they confide and rest themselves upon the affections of the vulgar sort who ( besides their naturall pronenesse towards innovations ever ) as most an end they understand but little , so are they easiliest seduced , and engaged in preposterous undertakeings : but for those of better ranke , such as be either knowing , or otherwise of more considerable qualitie , here they must needs acknowledge themselves to be upon termes of disadvantage ; some hereupon i have heard to terme this warre with reference to the opposite side , as that of old , bellum rusticum , the helio●s or the pesants warre . and questionlesse it is some encouragement when as it chanceth thus , we excel not only in the goodnesse of the cause , but likewise in the worthinesse of the abettors . but passing by what ere other sorts of men in their severall ranks and stations as they might be summoned up , let us in our passage touch at the divine . can they shew mee any of their chiefe scribes or teachers ( take him forth of the highest classis with them ) that may be thought in point of sound and deep knowledge an equall march for divers but of the second or third here : yet is resistance ( the center namely whereunto this whole discourse doth bend it selfe ) not meerly a point of state-policie , but of conscience also , even in the highest degree : and being so , who so fit to direct the conscience , as is the divine , and of divines the learnedst , the best able ? next take but into consideration the zeale , or rather the fury of many of their chiefe ministers or agents in these affaires ; religion is pretended , but certainly malice acts the businesse : or if it be zeale , it is a zeale i feare set on fire by a coale from beneath . those who have felt their scourge can best judge of it , and had rather , i beleeve , fall into the hands ( if they needs must ) of some unbeleeving ismaelite , then of a too too beleeving zelot : no spleene or bitternesse of spirit like that of your hot professour ; none more cruell , because he persecutes & wrongs his neighbour , yet thinks he does god good servicein doing so ; paul was not more paul afterwards in the waies of truth & sinceritie , then he was saul before , a fierce & eager persecuter of the church ; such was the bitter rage or fury of the circumcelliones or preciser sort of donatists heretofore , against their dissenting , yet orthodoxe brethren of the african church , as sundry of the fathers make mention , not without their deserved censures thereupon : although they be not all saints neither i conceive , who appeare on that behalfe . many there are , doubtlesse , who doe but denis in diem assibus vitam aestimare , as the saying is , fight for pay and no more . and some , i understand , that are not of the protestant religion ( object they back what they please branding their adversaries with the opprobrious nick-name of popish armie ; and yet were it so , neverthelesse true native subjects they must needs confesse them ; enough to justifie both the tender and acceptance of their bounden service in a time of exigency ) nor for it therefore more then others . fourthly , observe their manner of proceeding in furtherance of the publique cause , what by forging , by falsifying , & then imposing their falshoods upon the world ; the presse with them of late hath been so inured to this cretian dialect ; that there is question , when or whether happily it may hereafter recover its ancient guise of speaking truth : newes of plots and dangerous conspiracies one while ( those too most an end strained to a very ridiculous height of panick affrightments ) which yet as hitherto , god be thanked , neither wee nor they have felt , nor had at first , it may be , much cause to feare ; newes of some notable victorie , or other atchieved every day . yet as it hath proved afterwards got ofttimes ( if not by treachery ) then in a dreame , without a battle . lying wonders , i have often read of , but not of lying victories till now . newes of popery and popish ceremonies begun of late to be set up , and countenanced in severall places . a fiction , in truth , well befitting the popish legend , and thither i commend it ; what may wee thinke of these men , with their mountebansk-like devices , who under a masque of pretended zeale , thus shamefully trade in falshoods ( all to cheere up their poore deluded followers , and keepe them still in heart ) but that even their profession it selfe is but a kinde of lye or grand imposture . nor can they therefore , if they marke it well , so safely taxe their adversaries , as they doe , with those haynous crimes of swearing & prophanesse , since lying & swearing are sinnes surely neere allyed , and yet lying too ( it may seem ) carries a more immediate relation to satan the author of all sinne , who for this , is expressely entitled the father of lyes . io. . . vnto this moreover note in the fifth place their bitter raylings and invectives usually against church and state , which is another by-path they use to tread in , thereby labouring to stick an indeleble character of disgrace upon the present government in either ; ere while the bishops miter shrewdly troubled them , and now the neerer interest and powerfulnesse with the king of some our new state pilots . ( not the faults of either , it may be giving so much offence , as the eminency of their places . ) now the prelates , then the statists . what can i say more or lesse concerning this unquiet barking humour of theirs , but this , the lord rebuke them ? especially for some among them , and those of the leviticall tribe too , the firebrands and chiefe incendiaries , to speake truth , in these bloody disturbances . those {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , or certain minor prophets of the times , as the great criticke was wont to terme such . indeed the {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , the chaffe & out-cast of the clergie . those pulpit barraters , i meane , whose religion usually is faction , and zealous ignorance . that have turned preaching into flat rayling , and insteed of disseminating the word of saving truth in the eares of their hearers , doe nought but sowe sedition ; forcing them on by their powerfully delusive perswasions , like sillie sheep as they are ( almost without the help of a metaphor ) into daily slaughters , and unlesse god of his mercy shall please to intercede , certaine destruction at once ) ( i feare ) both of soule and body . if then what philosophie hath taught us , the end may be guessed at by the meanes conducent thereunto , for that the meanes and end be wontedly inter se commensurabilia , as they say , and do each answer one another i know not how i may conceive or hope well of the end in this case , where i see the meanes to be so foule and altogether unwarrantable . last of all , let it be laid to heart the many unspeakable miseries , which these unhappie differences insteed of a redresse of some former sufferings have brought upon us ; quite contrary , as it were ex professo , to what we had reason to expect : the remedy as hitherto proving much worse , then the disease was . losse in the libertie of our persons . for as now what man can be securely safe in any place ? and which is the truest symptome ( as the oratour some where tells us ) of a people or nation , running further into slavery , wee groane and complaine under the burthen , as sensible of it , and yet contend not against it with an unanimous consent , as it were benummed in our resolutions . losse in the property of our goods . for as times are , ius omne in ferro est , not the law but the sword is made the master of our estates . to speak nothing of the new aegyptian burdens or taxes beyond all sufferance daily encreasing upon us . losse in the purity of our religion . so many brainlesse impious positions are crept in , which like that abomination of desolation spoken of by the prophet daniel , dan. . . have greatly polluted the house of god . great care of late hath there beene taken for the suppression and avoidance of poperie , and 't is well , if so it end not ( which yet may be feared ) in making roome for the introducement of senselesse anabaptisme , or utter libertinisme . losse in the beautie of our discipline , or liturgy ; no decency of order observed now . every mans private spirit , or rather fancy , will needs be a rule unto it selfe . and how far this irregularity may chance to proceed is hard to determine , since conscience not ballanced with a sound judgement is commonly boundlesse , and never ceaseth till it shut up its progresse in a plaine phrensie ; i remember to this effect a remarkable passage in that storie of those mad anabaptists of munster in germanie . they began at first upon pretence of reforming somewhat amisse in luthers doctrine , about certaine few articles there . thence they goe on to an utter abolishing of the then present liturgie . that would not serve the turne , but ere long the written word must bee th●owne by as too straight , and concludent to the spirit , and this moreover with a scoffe by crying bibel , bubel , babel ; a scheme much like to that in the old poet , titi , tute , tati , tibi , &c. now againe , as before , let us put the premises together ; the infallibilitie , as hath been argued of the greatest assemblies , the partialitie ofttimes apparent in some , the bounded and circumscribed limitednesse of all , the fuller concurrence of able personages on this side ; the preposterous indirect waies of proceeding by the fomenters , and other agents on that ; the inexpressible calamities , which have and are like to fall upon us in liew of an hoped for reformation . joyne hereto as a close of the rest , that which yet indeed fills up the ephath of these mischiefes full , the bringing in of a forraigne power : as if the fire of dissention our selves had kindled , were not speedy enough to consume a state , unlesse others from abroad be solemnly invited , and drawne in , under pretence of quenching the flames , to pull downe the house . and the scale methinks seemes still and still to weigh downe lower : the kings cause more cleared , and the peoples more liable to just misprision . thus have i in short drawne forth , as 't were , a true coppy of the businesse , as it stands de facto between the king , and some of his people . should i now put from shore a litle , and goe on further from the thesis to the hypothesis , from the history of the matter to a probleme , as whether supposing the king were truly misled , and that he did notably fayle the trust reposed in him , whether in such a case hee might be lawfully resisted , would be a point as easily argued , and polemically concluded on the kings part , as it hath been hitherto treated of in a plaine and positive discourse ; for at a word , take but away that grand phenomenon of theirs , that regall power is originally from the people , and therefore upon occasion may be reassumed by them ( which yet both in the antecedent and consequent is utterly false . ) this principle too as it is further backed with certaine generall maxims , as quicquid efficit tale est majus tale , and , totum est majus suis partibus ; againe , salus populi suprema lex , with the like . axiomes , as it is evident of large extent or compasse , subject to divers and sundry limitations , and accordingly as so , fitter for young sophisters to wrangle out their disputes with , then as meet engines to overturne monarchicall government ; take away , i say , but these and the like supposita laid downe as an unshaken foundation by them ( which yet hath been a taske already sufficiently performed , by the lernd industry of divers worthy undertakers in that kinde ) and the whole frame of their weak built discourses quickly fals to ground . what they urge concerning the fundamentall lawes of the kingdome ; what likewise touching the usage and customary manner of proceeding by generall assemblies in such like cases heretofore , both at home and abroad , trusting to these amongst the rest , as forts of safe retirement ; breifly for the former ( if so it be not a meere chimera of imagination barely ) it is to be wondred at that lawes of so high concernement in the present businesse , should lie hid so low under ground , as not to be found out & produced all this while ; whereas the contrary , i understand , have beene and many be still exhibited , without any such labour or paines of disquisition ; or grant such lawes might be produced and made appeare , yet surely with me the law of man shall evermore submit to the law of god ; this is , or should be , i am sure , the touch-stone for all lawes ; where the divine law and humane chance to crosse & thwart each other , my conscience directs me the safer way ; and tells me i had best keepe close to the former : it is so in the discipline or outward forme of church-governement : i appeale to themselves for a testimony ; there they cry up to a tittle verbum domini : still the word , the word . and why not so according to some proportion , at least , if occasion require it , in the rectifying of secular and state affaires , i see not the least shew of reason , that can be yeilded to the contrary ; yet now for the word of god they have so little comfort thence , such small hopes of any expresse warrant for their proceedings ( savouring over strongly of jesuitish principles ) to be found there , as that they scarcely meddle with it , unlesse as they be casually drawne thereto , in their replyes and unsatisfactory answers , nothing to be heard of there , more then prayers and patience in such cases ; god as then must be intreated to incline the heart of the soveraigne , not the people incouraged to inforce him ; little mention made of resistance , except it be against the devill , or so ; but still of obedience and christian-like subjection ; for the latter , that of practise and example , it is an anthenticke classicall saying , exempla paucorum non sunt trahenda in leges vniversorum : we must if we do well , not suffer our selves to be governed altogether so much by presidents or examples , as by reason . and it is cheifely true of the examples of latter times , where they recede from the fountaine , the purity of ancienter and better ages , and so grow more suspiciously corrupt : if some before us have done amisse , we must not straight make their example the rule or patterne for us to erre by . by resistance so often forementioned ( to goe no further at present ) i meane an active resistance first undertaken , and then pursued in an hostile offensive way : for and such a resistance is this , say they what they please , both deluding themselves and others . and yet such a resistance none of them of the later hach ( as farre as i have seene yet ) dare in their writings offer to maintaine with open face . just in the method of those of rome ( whom they so much abhorre ) their practise here no way keepes pace with their doctrine : for why ? neither scripture nor reason , nor yet any president of the primitive or better times , they know could be brought with the least semblance to speake for them : they are for the king too ( if we may beleeve them ) as well as we , and meerly stand upon their owne defence ; nor this neither against the king in his owne person , but against some invisible enemies of the common-wealth about him ; so as to enter the lists of a dispute by putting the businesse to an ungranted height on the kings side ; where yet the {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , or maine point in controversie , as things do stand in themselves , is ( though but for credits sake ) denyed on theirs , were ( as they say ) to beat the aire , or for want of other worke to seeke out an adversary . let the premisses be duely observed , being no otherwise then according to the true condition of the present affaires , and the question if rightly propounded would be this ; whether or no , it may be lawfull to take up compulsory or offensive armes , against a rightfull gracious prince , professing to governe in all respects by the knowne established lawes of the land , only upon termes of meere jealousie ; and distrust to his regall promises , thereby imbroyling broyling their native country in a bloody and miserably destructive warre . quod restat probandum . besides that such scholastick hypotheticall velitations as these one way or other , howbeit they right the king in point of due obedience , yet by reason of the supposall they take in , malitious and captious heads may be apt to misconstrue them to somewhat a prejudiciall conceipt of him in matter of his goodnesse and integritie ; whereas , god bee thanked ; non defensoribus istis , we need no such strained helps , having so religious , so iust , so vnderstanding , so every way compleat a prince ; be this ground firmely and strongly still maintained ; what needs much arguing the lawfulnesse , or vnlawfulnesse of resistance in some dioclesian his time , when as there raigneth a good and godly constantine ? or of clashing and banding together in set disputes , the supreme soveraigne power residing in the king , ( a point sufficiently evidenced by the severall , and those publique acts of state extant to this purpose : as also farther confirmed by the very title of majestie appropriated unto him as chiefe : this having been in all states evermore the peculiar badge or cognizance of soveraignty wheresoere it lay ) with that of parliaments ; where the prince freely and ex mero motu denies them nothing , that either reason , law , or his owne just rights may give way to ? a prince whose heart is truely in the hands of god ( not of evill councellours ) to order and dispose of , if any kings upon earth be ; of whom briefly it may be said perhaps without our better deservings , as the apostle speakes , heb. . of some especiall saints and servents of the almighty in times past , that this island of ours , or lesser world will prove it selfe unworthy . meane while the premised considerations , as i have committed them to paper for mine owne satisfaction , so shall they suffice mee untill a surer and more reall ground be offered of a disputative enquirie . and did others , i wish , whom it may concerne , propose the like to themselves , annexing them as a labell to that sacred oath of allegiance they have taken ; adde hereunto the late solemne protestation made for defence of his royall person & dignitie , either of which how they can possibly dispense with in their proceedings so diametrally opposed ( maugre their sundry senselesse evasions ) be it between god & their owne consciences : for my part i must professe , i am yet to learn ; let them consider the sacriledge , the murders , the rapines done ( nay commanded , iustifiable legall offences you may now call them , as far as an humane ordinance will carry ) in these wild licentious times of anarchy ; strange beginnings of an intended reformation , one would think ; i have read of religion in the primitive times planted , yea propagated in blood , under pagans and infidells : but for christians amongst themselves , professing one and the same faith , to advance the supposed purity of gods worship by such harsh meanes , i have not so frequently heard of , untill these later and frantick daies of ours ; it is the fruit of a doctrine well becoming the turkish alcoron , and there accordingly ofttimes inculcated , but no where surely to be found in the gospell of christ : not taught by his apostles , nor afterwards abetted by any of the orthodox fathers ; {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , prayer and preaching were the appointed weapons of their warfare ; notwithstand●ng more outrages , i dare say , more heynous and crying sinnes in all kinds unpunishably cōmitted under this pretext chiefly these last two yeares , then have bin acted formerly , ( set them altogether ) within the circuit of this our english clime , since the first establishment of the protestant religion here amongst us ; as if with us now indeed were the time when satan that great master of misrule and of all impietie were let loose into the world , according to st iohn that his apocalypticall prediction , rev. . . consider they , i say , and that seriously , lest as our saviour speakes concerning the iewes , mat. . . burdening them with all the righteous blood which was shed upon earth , from the blood of abel , unto the blood of zacharias ; so ( in as much as between two parties disagreeing , the one must needs be faulty ) all the crimes fore-mentioned may come upon them likewise , and be added to the score of their offences . and yet if one small transgression , in any of the premisses bee , as it is , enough to sinke the guilty ; what will an huge heape doe ? if caines own sinne alone was heavier then he could beare , what may we thinke of the numerous sinnes of a whole nation ? these or the like considerations then , if throughly & impartially weighed , might be of great force in rectifying the praecipitate disloyall inclinations of a still misguided sort of people ; certainly it hath beene want of a serious animadversion on this behalfe , which hath hitherto blindly led them on : a strong though groundlesse conceit with manie of the justice , nay necessarinesse of the cause , swaying them aside from the course of their bounden duty : as if their religion , their lawes , and liberties , lay all at stake , ( true for certaine , it is to be feared the contrary side ) which yet as here , god knowes is nothing so : when absolon rose up in armes against his lord and father david . . sam. . no question but the heads of the then devised conspiracie made good use ( the text insinuates as much ) of some such specious pretences , wherewith to cozen the weake and ignorant people ; so , for that causelesse insurrection of corah with his complices against moses and aaron together , num. . thereby at once discovering their rancorous disaffection towards the established government both in church and state ; yee take too much upon you , cry these discontented reformers , ye intrench too close upon our pretended priviledges , our liberties , our consciences ; never any rebellion wanted a cloake or cover of this kind of making . and therefore men should have done well , carefully to have pondered aforehand , by debating over and againe , a businesse of so high consequence ( as that whereon depends the hazard of eternall damnation , rom. . . ) before they had rashly ingaged themselves in a blinde and obstinate defence of the same ; or if it hath been duely perpended , as it ought , yet without effect : then naught to bee said but this , quis furor o cives , god , i feare , as his usuall way of proceeding is in such like cases , hath strangely besotted and infatuated the understandings of this sinfull nation , meaning to scourge us still after a most severe manner , with the rodde of our own fury ; like as it befell the ammonites , and moabites , in fight against the israelites , who helped thus to destroy one another , as we finde it recorded , . chron. . . exemploque pari ruit anglica turba , suoque marte cadent coefi per mutua vulnera fratres . i conclude the whole with that sage advice of the wisest of men next to christ himselfe , prov. . . worthy of a deliberate poising by all , but especially those of the disaffected partie . feare god and the king , and meddle not with them that are given to change : for their calamitie shall rise suddenly , and who knoweth the ruine of them both ? where it is to be observed , how you have god and the king set a brest as 't were , the obedience we owe to the king joyned with that duty which we owe unto god : & sutably a neglect of our performance in the one , threatned with certaine destruction alike , as in the other . and the reason for both holds parallell still , because as by the former we offend god in his owne person , so by the later we injure him in the person of his substitute or immediate vicegerent here appointed over us . finis . gildas de excidio britanniae . moris continui gentis erat , sicut & nunc est , ut infirma esset ad retundenda hostium tela , & fortis ad civilia bella : infirma , inquam , ad exequenda pacis ac veritatis insignia , & fortis ad scelera & mendacia . to the right honorable, the high court of parliament, sitting at westminister the illegal and immodest petition of praise-god barbone, anabaptist and leather-seller of london. barbon, praisegod, ?- . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing b ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing b estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) to the right honorable, the high court of parliament, sitting at westminister the illegal and immodest petition of praise-god barbone, anabaptist and leather-seller of london. barbon, praisegod, ?- . broadside. printed by hen. mason ..., london : . reproduction of original in the harvard university library. eng anabaptists -- england. great britain -- politics and government -- - . great britain -- history -- commonwealth and protectorate, - . a r (wing b ). civilwar no to the right honorable, the high court of parliament, sitting at westminster: the illegal and immodest petition of praise-god barbone, anaba [no entry] a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion to the right honorable , the high court of parliament , sitting at westminster : the illegal and immodest petition of praise-god barbone , anabaptist and leather-seller of london ; most impudently sheweth , that your petitioner hath lived a great while , and indeed long enough to have had more wit , and more honesty ; that satan finding his head empty of all goodness , did one day stuff it with heretical notions and whimsies , even as full as men are wont to stuff fillets of veal with sweet herbs , that the protector called him to be a parliament man , which so fatten'd his meagre ambition , that he hath had ever since a very itching desire to be medling with state affaires . that he findes as long as england is governed by sober and good magistrates , he is like to get nothing more then his shop will afford him : that the two largest pooles of troubled waters for self-seeking men to fish in , are distraction in the state , and unsettlement in the church . that your petitioner likes no government of a single person , unless it be that which was set up in munster , and to such a one he prayeth a longer continuance . that religion , conscience , and morality have bin now us'd long enough in the world , and that 't is fit there should be some new innovation invented to succeed them . that it is time now , since he hath got nothing all this while , but onely an order to be comptroller of haberdashers-hall , to be stirring and looking out for portions for his children with hard names . that as he is a leather-seller , he ought to see all the adversaries of his lunatick devotion , flead and soak'd in the tan-fat of oppression , that he may have their skins to sell to all those drummers that shall have occasion to march before the saints to the valley of jehosaphat . that if truth and righteousness do ever kiss each other in england , he hopes , and it is his earnest desire that it may onely be a parting kiss . your petitioner also further sheweth , that it is not , norever was the custom of the anabaptist , to give an accompt of their faith , or to know what they profess , and therfore he he further sheweth , that he holds that feake is a very able divine because he is mad , and hath a demoniack faculty of alwayes raving against the powers in being ; so that when you see him in the church , you would think him to be the mad man among the tombes . here is onely the difference between that man and your petitioners patriarch , that christ dispossessed the former , but if he should offer the other such a courtesie , he would think himself wiser and more sanctified than his savior , and scorn the motion . and from his example your petitioner further sheweth , that if there be a factious , unsanctified , illiterate heretick in the world , he is one , and will so continue as long as he lives ; unless your honors will give him a thousand pound a year to turn christian . in consideration of which premises , your petitioner humbly prays , that the mystery of jesuitism , and the works of ignatius loyola may be read in churches , in stead of what is now more commonly used , whereby the people may be instructed in all sorts of knavery one towards another , and in all sorts of rebellion and disobedience to their superiors . that the commandments may be taken down from the end of the chancel in every church , and the heads of the cracovian catechism placed in the room thereof , till the said churches shall be pull'd down . that as soon as may be all churches in england may be pull'd down , and the materials thereof given to your petitioner toward the repair of his windows , and setting up a new sign ; and that your petitioner may be forced to give no further accompt of the sums so gathered ; neither can this destruction be unlawful for that st. paul being a leading apostle , and his church being fallen , all other churches ought to be made to follow the example of his . that all schools and universities be demolished , and their revenues given to buy us more armes , in stead of those which were lately taken away , that we may be in a readiness when we shall be call'd forth to butcher our enemies . that all divines and learned men in england may be massacred , and thrown to the fowls of the air , that we may be no more troubled with their syllogisms , to the utter hinderance of all out important designs ; and that all books may be burnt , except nailors , feaks , and rogers's works , and larner's hymns , wherein the unity of christ and his church is most sweetly chanted forth , to the tune of jookies-march . that there may be a free toleration of bawdy-houses , because your petitioners house looks now so like one , the windows being all broken ; and that none but anabaptists may go to them , for the propogation of our weak faction . that general supplications may be made , for the continuance of satans reign a thousand years longes then is set down in the revelation . and lastly , that you would confer upon your petitioner six hundred pound per annum , in stead of his comptrollership which he hath now lost , to the great impoverishment of him and his family . and your petitioner shall ever pray , &c. london , printed by hen , mason , in the year of restauration . . die sabbathi, junii, . ordered by the commons assembled in parliament, that none of the members of this house, who by vertue of the order of the first of february, . do yet stand suspended from voting or sitting any more ... england and wales. parliament. house of commons. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e c thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) die sabbathi, junii, . ordered by the commons assembled in parliament, that none of the members of this house, who by vertue of the order of the first of february, . do yet stand suspended from voting or sitting any more ... england and wales. parliament. house of commons. sheet ([ ] p.) printed for edward husband, printer to the honourable house of commons, london : june . . title from caption and opening lines of text. order to print signed: hen: scobell, cleric. parliament. reproduction of the original in the british library. eng england and wales. -- parliament. -- house of commons -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no die sabbathi, junii, . ordered by the commons assembled in parliament, that none of the members of this house, who by vertue of the or england and wales. parliament. a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion die sabbathi , junii , . ordered by the commons assembled in parliament , that none of the members of this house , who by vertue of the order of the first of february , . do yet stand suspended from voting or sitting any more in this house , shall henceforth be admitted , or capable to sit , or have voyce in this house , during this present parliament , who shall not before the of this instant iune , address themselves to the committee appointed by order of the fifth of march , . for receiving what should be tendred for satisfaction by such members , as had not entred their dissent or disapproval to the vote of the fifth of december last , before the first of march , and shall not before the said of iune instant , give such satisfaction to the said committee , according to the said order , as this house shall approve of ; but the house will after the said of iune instant , proceed to take order for the election of new members in their rooms . ordered by the commons assembled in parliament , that this order be forthwith printed and published . hen : scobell , cleric ' parliamenti . london , printed for edward husband , printer to the parliament of england , june . . to the honourable citie of london. the humble petition of philip skippon, esq; : sheweth that your petitioner was a very eminent instrument ... this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing t a). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing t a estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) to the honourable citie of london. the humble petition of philip skippon, esq; : sheweth that your petitioner was a very eminent instrument ... skippon, philip, d. . sheet ([ ] p.). printed for william waterson., london: : [ ] date of publication suggested by wing. a satire. reproduction of original in the henry e. huntington library. eng skippon, philip, d. . great britain -- politics and government -- - . broadsides -- england -- th century. a r (wing t a). civilwar no to the honourable citie of london· the humble petition of philip skippon, esq; [no entry] a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion to the honourable citie of london . the humble petition of philip skippon , efq sheweth . that your petitioner was a very eminent instrument in carrying on the work of reformation ; and that he did promote the good cause with the same zeal and endeavours as he did advance himself ; whereto he is in gratitude obliged to say , you were ( if not more forward ) yet equally prompt with your petitioner . but now so it is ( may it please your honours ) that he finds all that former affection towards him so cold since his patron oliver forsook this light , that he fears you will bring his gray haires down with sorrow to his grave . he would attribute this change of your favourable and benigne aspect to the various mutations of the times , but that they look so inauspiciously and dangerously on him , he dares not think on them for his life , although the pleasure and delight of that is already fled with his money beyond sea , from whence he is alarum'd the dutch will not part with one stiver since they heard of his disgrace . in this streight and exigence he hath betook himself to his book of corollaries , the christian souldiers exercise , but to very little consolation , for there 's not a word of returning his coine again , but a long frivolous discourse of patience , which he never intended for himself . and oh that one ray of comfort more would shine forth from the bodkins and thimbles and the bright plate-candlesticks in guild-hall , how would he improve such an advantage to his external happiness ! but alas those silver daies are done , and this iron age hath overtaken your poor petitioner . nevertheless , in regard of his service at leistithiel , where he alone despaired not of your cause ( for essex had left him in the lurch , and 't was his best course to shew confidence ) be pleased to consider him in this his distress , and befriend him in these following requests . that you would be pleased by interposing your powerfull assistance with the governours of suttons hospital , to get him admitted a pentioner there ; or rather that you would please to obtain for him from the parliament the next vacancy of a poore knight at windsor ; otherwise your petitioner , for all general moncks detestation of oaths and abjuration , will set up for himself a knight of the post , that 's a military as well as civil terme , and will serve to compensate his lost command of major general . and your petitioner shall pray , &c. london : printed for william waterson . mercurius publicus: comprising the sum of forraign intelligence ...[no. ( aug- aug )] mercurius publicus (london, england : ) this text is an enriched version of the tcp digital transcription a of text in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a thomason e _ ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]; :e [ ]; :e [ ]; :e [ ]; :e [ ], etc) mercurius publicus: comprising the sum of forraign intelligence ...[no. ( aug- aug )] mercurius publicus (london, england : ) muddiman, henry, fl. - , editor. dury, giles editor. newcomb, thomas, d. or , publisher. v. began with numb. ( dec. - jan. ); ceased with numb. ( - aug. ). printed by tho. newcomb, london : title from caption. subtitle varies: , "... comprising the sum of forraign intelligence"; - , "... comprising the sum of all affairs now in agitation." by henry muddiman and giles dury. cf. nelson and seccombe. printed variously by: john macock, thomas newcomb, richard hodgkinson, d. maxwell, peter lillicrap, james cottrell. description based on: numb. . numb. ( - oct. ) is a second copy of the parliamentary intelligencer for those dates, mistakenly titled mercurius publicus. thomason collection does not have complete run. reels listed in chronological order of serial publication; holdings dispersed throughout collection. reproduction of the originals in the british library. enumeration begins again at numb. annually. no issue numbered in , no issue numbered in ; chronology is continuous. eng great britain -- politics and government -- - -- periodicals. great britain -- history -- charles ii, - -- periodicals. europe -- history -- - -- periodicals. a (thomason e _ ). civilwar no mercurius publicus: comprising the sum of forraign intelligence ... [no. ( aug- aug )]. anon. f the rate of defects per , words puts this text in the f category of texts with or more defects per , words. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - ali jakobson sampled and proofread - ali jakobson text and markup reviewed and edited - pfs batch review (qc) and xml conversion numb. . mercurius publicus , comprising the sum of forraign intelligence : with the affairs now in agitation in england , scotland , and ireland . for information of the people . published by order . from thursday august . to thursday august . . amsterdam , august . s. n. we have express news here from genes , that four hollands ships having rencountred five turkish pyrates and engaged them , the holland vessels had gotten the victory , and taken three of them , on board of which there were ●ound nine hundred turks , whom they took prisoners , the other two vessels were sunk . we hear that the bishop of munster is gone with an army of . men to lye down before that city ; but in regard this place is very strong , and provided with all necessaries , it is thought the bishop will only keep it block'd up with eight forts , which he causeth to be raised , on each of which he hath planted ten pieces of cannon . toulouse , july . here is no talk almost but of the great earthquake which hapned the . of the last past , of which it seemeth this place , bordeux , montau●an , ca●ors , limages , angouleme , and other places farther off , have felt but the back-blow : at bayonne it passed over but sl●ghtly , but at pau it flung down most part of the chimnies , and at bagnieres in bigorre scituated on the top of the pyrenean mount , many houses are overthrown , and all those that were within crush'd in pieces : a mount of an extraordinary great height being opened above , rent asunder , and became a pit of infinite depth . the vallies of crampan about the said town of bagnieres , which of all the country were most inhabited , have suffered great hurt , especially the convent of the capuchins of nostre dame of medoux , where some of the fathers dyed , and others that escaped , are sorted to hide themselves in some place or other thereabouts . that which is most remarkable in this accident , is , that those warm baths which are at bagnieres , were by a strong vent of a subterranean fire in such a measure enflamed , that those who lived thereabouts , were constrined to retire thence . they write from rousillon , that belver and sea● d'urgel , are restored to the spaniard the . last past , and roses and cap de cuiers the . whitehal . his majesty having iune . received a congratulatory letter from the prince elector palatine , which was brought by that worthy gentleman christopher cl●s of keyembergh , captain of his highness life guard of horse ; he had audience , and was kindely received by his majesty , who told him he would take care to render an answer to the prince elector palatine , which was done with such dispatch , that august . he set forward on his journey . tho. sumptner alderman , and mr nicholas sudell of the common council of preston in lancashire , being favoured with the company of sir george booth , sir robert binglosse , sir ralph ashton , sir gilbert ireland , and colonel west , presented his majesty a surrender of a fee-farm rent purchased by that town for the preservation of their liberties in the late time of distraction . take their own words . to the kings most excellent majesty . we your majesties most obedient subjects , the mayor , bayliffs , and burgesses of your burrough and town of preston in amoundernesse in the county palatine of lancaster , do most humbly make this publique representation of our joyful and thankful acknowledgement of that universal happiness and satisfaction which god hath brought us , in the repossession of the throne by your most 〈…〉 majesty ; of which happy revolution , as we canno● 〈…〉 present administration of the most eminent 〈…〉 of the indubitable and inviolably sacred title of your majesty , and the comfortable hopes that are bound up therein , o● future security and satisfaction to all good men , through that famous prudence , piety , and sweetness of your most excellent d●sposition , and royal spirit , so we do in all humility assure your majesty , of our unfained fidelity and affection to your sacred person , crown , and government , from our fealty and allegiance , from which no powers or pretence shall withdraw us ; and for the support whereof in its full security , splendour , and establishment , we shall freely sacrifice the dearest things , of liberty , life , and fortune . we must confess , in those invasions made upon authority in these unhappy times , which have had so deep a reflection upon all the comforts of your sacred majesty , we finde our selves involved , in the procurement thereof , by the contribution of our particular sins and failings ; and therefore do humbly prostrate our selves before your royal grace , as being well assured , that your people shall not more desirously implore , then your majesty impart your princely pardon , and knows how to consider the necessities and temptations of the times that we have lived under . we do therefore humbly pray your most excellent majesty to receive this burrough town and incorporate body , into your royal favour and protection , and to be a support and preservation to such just liberties and priviledges as have been granted to them by your royal predecessors of blessed memory , and not to suffer any consideration of such fatal accidents of war as have fallen out in this place , or any mis-report thereof , to deprive us of that perswasion of our loyalty in your majesties thoughts , which we shall endeavour to preserve for ever , by the utmost contribution of our all to the service and devotion of your crown and government . and whereas through the exigency of the late times , your foresaid subjects were enforced for the preservation of this place from being invaded upon in those rights granted to us by your royal predecessors , to purchase of those that pretended to have authority to dispose thereof , the fee-farm rent of fifteen pounds per annum due from this town to your majesty ; we do now in all humility , freely and cheerfully surrender and resigne the same into your majesties hands , with all title or right which may any way be claimed or pretended to the same , humbly beseeching your most excellent majesty to accept thereof , as also of the whole contents of this our most submissive congratulation and address , which as the unanimous chearful act of each of us , we have caused to be sealed with the common seal of this burrough , and signed by our mayor , for and in the name of the whole commonalty , the of iuly , in the twelfth year of your majesties reign over england , scotland , fran●e and ireland . his majesty was pleased to accept it with expressions of his affe●t●ons to that town , and those gentlemen that came with them . thomas clifford and thomas chaff esqs ; members of parliament , accompanied by mr christofer maynard , and mr gilbert eveleigh aldermen of the borough of totnes in the county of devon , presented an address to his majesty , with an hundred pieces of gold in a gold-wrought purse . the address followes : to the king's most excellent majesty . the humble address of the town and borough of totnes in the county of devon . most gratious soveraign , the rejoicings of our hearts , for the eminent appearing of the hand of god for your majesty in such late miraculous revolutions , by overturning and overturning and overturning , even untill he had as it were with his own finger chalk'd out a path for your majesties happy restauration to your fathers throne , cannot be confin'd within our own breasts . we therefore humbly crave leave to express our congratulations , to offer the inwardness of our hearts for your majesties concerns ▪ and to profess our ready obedience to your royal scepter . though we are of the least among the tribes , yet will we boast ( as we may our antiquity ) our entire loyalty with the chiefest ; of which there was lately a clear testimony , when this county , within which we are , appeared for and demanded a free parliament ( which was also a leading case to the rest of the kingdom , and was then the likelyest way for your majesty to acquire your rights , and we our own priviledges ) we then were so far engaged as to resist even unto blood , two of our inhabitants loosing their lives in the dispute . and as an evidence of our still constant and affectionate fidelity , we likewise tender by the hands of our representatives a free and willing offering , though but a small one , such another as we presented to your majesty when you departed from us in the year . when we could no longer protect you , but your prevailing enemies 〈◊〉 you as a partridge on the mountains . the general decay of trade since your majesties most unfortunate abscision from us has disabled us from greater performances at present ; but we are now in hope of enlivening and quickning beams from your majesties gratious return , that may have also influence even on forrain commerce and trafique , and cause it again to flourish , by which we may be impowered more amply to express our affections : a peace with spain we suppose will much conduce to the effecting of this . pardon we humbly beseech your majesty our presumption in mentioning these particulars ; we shall forbear all other , and acquiesce with confidence in your majesties pious proceedings and determinations in the settlement both of church and state , and that they may tend to the honour of god , your prosperous reign here , and everlasting glory hereafter , shall ever be the prayer of ( sacred sir ) your most loyal and obedient subjects . this being after a short speech made by mr clifford●ead to his majesty , he received it graciously , giving them assurance of his especial care to encourage forrain commerce , and vouchsafed them the honour of his hand . advertisement . to all ministers , church-wardens , constables , head-b●●o●g●s , and all other officers whom it may concern ▪ whereas there hapned a great loss by fire at the town of ●●ken●am in the county of norffolk upon the eleventh day of april . to the value of ● . l. and upon petition of the poor inhabitants to his majesty , it hath pleased the king with the advice of his counsel to grant his gratious letters patents under the great s●al for a collection to be made in certain counties of england , bearing ●ate at westminster the ninth day now of july last past . since which time , some idle vagabonds , and rogues have stole or gained a copy , and have induced some printer to print the same , and are gone into some parts of the counties with those papers , and ha●e caused , summs to be collected , as at putney and 〈◊〉 nea●london . therefore it is desired ; that if any person whatsoever shall come to any place with any such b●ief not having the broad , seal , that he or they may be apprehended and carried before a justice of the peace , to answer to his 〈◊〉 their offence , no bayle to be taken for them : he that takes them or any of them shall have twenty shillings for his pains , besides what charges he is out , to be paid at the house of mr hugh low at the white-hare in botolph lane near billingsgate in london . august , . the reader may be pleased to take notice , that in the preceding news book of aug. . there was a mistake in line ● . of this advertisement , viz. july . for july . since our last , you have this alteration in the army . george duke of buckingham , is col. of the regiment that was col. gibbons . arthur a●scot capt. lieut. hen. washington lieut. col. hen. norwood maj. john gibbons capt. edw. barh●m capt. tho. paulden capt. _____ hampden capt. with these we will joyn th●ee other companies of the same regiment , which being constant to his excellency , and appe●ring with him in scotland , have not had the least change , viz. john waller capt. b●rth . henderson lieut. william knight ensigne . william richardson capt. ioseph cl●●● lieut. william pearson ensigne . ios. horsley capt. phineas grooke lieut. well ensigne . the letters from scotland tell us nothing of import , save only that capt. ●●ffi● late collector of the shire of aire , is committed prisoner to edinburgh castle . though there hath been great industry used for the apprehending of several persons by the black rod , yet they keep themselves so private , that besides those formerly mentioned , none hath yet been taken ▪ but colonel croxton . we have formerly acquainted you , that his majesty would , not touch any after the times formerly mentioned for the evil , till further notice was given ; and now lest any one should put himself to an unnecessary expence in attending that cure , we are again ▪ commanded to tell you , that his majesty will touch no more till about michaelmas , of which we shall give you timely advertisement . rotterdam , august . s. n. by letters from hamburg it is certified , that the danes forces in holsteyn are not yet disbanded , nor is there any likelyhood thereof , the report going that they daylie entertain more souldiers . by letters from dantzick is confirmed the total rout of the muscovian army near grodno by general czarnecki , where were six or seven thousand slain on the muscovian side , and a great number of prisoners taken , with all their ammunition , bag and baggage ; and that the tartars and cossacks have joyntly invaded muscovia ; and also that the poles have taken bichow ( a very considerable place ) by stratagem . from copenhagen we are informed , that the island of zealand is not yet wholly cleared of the swedes , although our vice-admiral de ruyter useth his utmost endeavours for their transportation . from france we are advertised , that their majesties the king and young queen of france , are not as yet come to paris , but remain at fontainbleau , until all things are fitted for their reception , which will be most splendid and magnificent . they make mention likewise of a great earthquake that hapned in some parts of that kingdom , which hath made a great spoyl , slaughter , and devastation in several places , throwing down of houses , whereby many were crush'd to death , opening mountains , and was in some places so extraordinary violent , that many of the inhabitants were enforced to wander from their wonted habitations . we have a report that four of our ships meeting with five turkish pyrates , engaged with them , and after a long dispute , sunk two of them , and took the other three , with about prisoners . advertisements . ☞ a white spaniel bitch call'd duce ) with a red ear and a red spot on her right side , belonging to his grace the duke of a●bemarle , was lost last february . he that shall bring her to any off●cer of the army , shall receive five pounds for his pains . if any officer shall receive information of her , he is desired to give notice of it to his grace at the cockpit . a bay maire thirteen hand and a half high with four white feet , a blaze over the face , and a long tail , she was lost from hide park on thursday the first of this instant august , who ever can bring ●idings of her , to the chequer-inn near charing-cross , shall have good content for their pains . two white coach goldings , stollen from richard peacock esq on monday night the sixth of august , from ●inchley in the county of middlesex , one of them hath a lop ear on the near side , ●ayl●s down t● their knees , one seven years old , the other eight , the youngest horse a little galed on the side of his back . if any one can give notice to mr. grigge a goldsmith at the black boy over against st. dunstans-church in fleet-street , shall be wel rewarded for their pains . an advertisement to all sheriffs , just●ces of the peace , attornies , sollicitors clerks , serjean●s , bailiffs , &c. all so●ts of blank bonds , with conditions for payment of money at a place certain , and withou● ; counterbonds for money , and bonds for performance of covenants , for arbitraments with umpire and without umpire ; for ●ppearances in any court of record , counterbonds upon the same , replevins , and bonds upon replevins , bailiff● bonds to the sheriffs for their true performance of their offices bills of sale , bonds of redemption , general rel●a●es , licences for ale houses . all sorts of warrants upon mean proces , county-court warrants , &c. warrants for justices of the peace , indentures of apprenticeship . and also the best and fairest pieces text , and flourishing for letters patents , fines , recoveries , and other exemplifications . are to be sold by john bellinger in cliffords-inn lane , fleetstreet , london . and by him is also to be sold , that most incomparable piece of court-hand , which ( of it self alone , without other master ) is compleatly fitted to teach all clerks , and others , perfectly , and exactly to write the same hand , and to read antient records , and abreviate words . from lisbonne , july . as soone as news came to this place from the ambassador in england de francisco de mello , that his majesty king charles the second was safe in his pallace at whitehall , in quiet and peaceable possession of his hereditary kingdoms , and welcomed with so great excess of joy that from all parts the nobility , gentry and commons , came flocking to congratulate his arival and kiss his hand . his majesty the king of portugal presently gave order that the same night all the great guns of the castle of this towne , and of all the forts and castles of this harbour , should be fired in signe of his joy and contentment , which was accordingly performed , and at the same time all the navy-ships and merchantmen in the port , shot all their canon . all that night the whole citty was adorned with luminaries . in every window of the kings pallace two great torches of white wax , the ambassadors house was set out in the same fashion , besides in the streets there were made very many bonfires , rare artificial fireworks and other inventions expressing the alacrity of the court and people very much expressed by the continual noyse of trumpets , weights , and all sorts of musicall instruments . the next morning their majesties with the infanta went forth in solemn manner attended by all the nobillity and gentry of the court and citty , in a rich and splendid equipage to the church of st antony of the capuchins , and returned to the pallace in the same pomp , all the bells of the towne ringing the while . by which it is plainly seen with what reall joy and satisfaction the people of this court and nation received this welcome news , whereof i thought good to give you notice . we have also news that some days since , on the frontire of alentejo , our general of horse alfonso turtudo , meeting with a brigade of the enemies horse nigh badajox , fought and defeated them , killed and tooke of them , amongst the prisoners there are captains of horse . the next day antonia de souca who lived many years in london resident , and acted so fervently for the king of england , as the parliament sent him home , sent for many of the cheif english merchants , and gave them a treatment which cost him crowns , with the greatest expressions of joy immaginable . we have hitherto shewed you how several regiments in the army have been disposed , we shall now give you some small account of the settling of the militia , and at this time onely of the county of somerset , where the right honorable the marquiss of hertford is his majesties lievtenant ▪ as likewise for the county of wilts : his lordship hath appointed for his deputy-lievtenants for the county of somerset , john lord paulet sir john stawell sir henry berkley sir george horner sir tho : bridges col. edmund windham edward philips of montagne esq hugh smith of long ashton esq william waldron of wells esq the colonels of the militia for that county , are sir maurice berkley colonel of horse , sir hugh windham is major of the same regiment . john pawlet son of the lord pawlet . george stawell son of sir john stawell . colonel coventry . colonel tho. piggot . colonel sir francis windham . we shall not need to give any character of these persons , whose merits are as well known throughout the whole kingdom , as their own county . whitehal . august . . this day tho : tompkins and herbert perrot esqs ; elected burgesses to serve in parliament , for the borough of weebly in the county of hereford , having taken the oathes of allegiance and supremacy , were admitted into the house of commons . this day his majesty was graciously pleased to confer the honor of knighthood on john stapeley a member of parliament for lewis in sussex , a person that hath given sufficient evidences of his loyalty , by his early appearing in the several engagements that tended to the setling of his majesty in his kingdoms . the same day the mayors and bayliffs of his majesties cinque-ports , two antient towns , humbly applied themselves to his highness the duke of york , lord chancellor and warden of the cinque-ports in this their humble petition . to the most illustrious james duke of york , lord high-admiral of england , lord warden , chancellor and admiral of the cinque ports , two antient towns and their members : the humble petition of the mayors , &c. sheweth , that next unto that never to be forgotten mercy of restoring your petitioners the breath of their nostrils and joy of their lives , his sacred majesty their gracious soveraign , your petitioners are filled with joy in the sense of their extraordinary favor which his m●jesty hath been graciously pleased to confer on your petitioners in granting your highness the office of lord warden of the cinque-ports , &c. whereby so great a door of hope is opened to your petitioners , that in their own thoughts they seem to be in actual possession of their antient , but of late infringed liberties and priviledges , and dare not let a dist●ustful thought surprise their spirits , but hope that by the interposition of your highness with his majesty ( which they humbly pray of your highness ) his majesty will be pleased to confirm and renew unto your petitioners the charters of the cinque-p●rts two antient towns and their members , granted , confi●med and renewed by his majesties noble progenitors ; and also that his majesty will be graciously pleased to give speedy and effectual relief to your petitioners in the several grievances in the schedule thereunto annexed . and your petitioners shall ever pray , &c. his highness having received their petition , was pleased to introduce them to his maj●sty , where being come , they presented his majesty their humble congratulation and address , viz. to the kings most excellent majesty . the humble congratulation and address of your majesties most loyal subjects , the mayors , bayliffs , jurates and commons of your majesties cinque-ports two antient towns , and their members , in brotherhood and guestling assembled , iuly . in the . year of your majesties most happy reigne . sheweth , that with all possible gratitude , we do adore the wise and gracious providence of almighty god , in the peaceable restauration of your sacred majesty , to the exercise of your kingly government , within all your majesties dominions and territories , and as we do upon the bended knees of our hearts , offer up our sincere thanks to god for the same , so we earnestly implore your sacred majesty to receive this our address ( though but an evening obligation in respect of others ( the accustomed time of our convention not sooner happening ) as the effect of that duty , loyalty and subjection , which we acknowledge by the laws of god , man and nature , to owe and yield to your majestie , and we do take the humble boldness ; to assure your majesty , that in the midst of the greatest defection from your majesties government , our hearts were never tainted with so great disloyalty , as by any address or application whatsoever , to testifie our assent to any government imposed upon us , but faithfully retained ( though forced to lie hidden in their own ashes ) those lively sparks of loyalty , love and affection towards your majesty , as our only supreame soveraign , which by your majesties happy return and presence do enliven all our hearts , and break forth into flames , never to be extinguished , but to be daily revived and renewed in our supplications at the throne of grace , for your majesties preservation , and long and happy reign over us , which is , and shall be the incessant prayer of &c. your majesties most loyal subjects , the mayors , bayliffs , jurats and commons of the cinque-ports , &c. his majesty was pleased to receive this address with many gracious expressions of his royal favor and princely intentions to confirm unto them the antient priviledges they enjoyed under his majesties predecessors , with what else might be desired conducible to common good . we shall now proceed according to our usual custom , to give you a further account of the disposing of the army , looking upon it as a matter of great import , and that which ( as our own experience hath taught us ) is either the support or ruine of a kingdom . we shall therefore go on with that regiment of which we told you thomas earl of ossory was col. and tho. sheffeild lieut. col. in whose company martin clifford is lieut. and weems ensign . sir james smith major , tho potter lieutenant , george philiskirke ensign . rober sheffield capt. james walworth lieut. robert sheffield ensign . henry crisp capt. john peel lieut. john taylor ensign . john northcot captain . james halybread ensign . william herbert captain . john thompson lieut. edward bayley ensign . hampden capt. robert manscrike lieut. edmond sheffield captain of the company late captain hookers . dawning capt. of the company that was captain burrels . next we shall acquaint you with the lord widderingtons regiment . william lord widderington coll. and governor of berwick . tho. mayer captain lieutenant . christopher blont ensign . iohn mayer lieut , col. and deputy governor of berwick . william mayer lieutenant . moses smith ensign . peter banaster major . william geary lieut. adam edwards ensign . ieremiah ●olhurst capt. and governor of newcastle ▪ henry west lieutenant . matthew dowling ensign . edward villers esquire , captain and governor of tinmouth . _____ honywood lieut. richard dobson ensign . edward widderington esq captain . william bufton lieutenant . george iones ensign . ionathan atkins esq captain . william woodvile lieutenant . _____ might ensign william elmes captain . thomas bradley lieutenant . richard smith ensign . william dike 〈◊〉 thomas lover 〈◊〉 . hen. iackson 〈◊〉 christopher orde captain . henry shell lieutenant . aaron smith ensign . there are besides these , other regiments in the army disposed of to such persons , who have by their act●ngs and sufferings for his late majesty of blessed memory , made such proof of their loyalty and courage , that no doubt can be made but that by their settlement the army will be so modelled as may be most for the service of his majesty , and the peace and quiet of the kingdom . such are the right honorable the earl of cleveland , and others , of whose regiments we shall give you an account in the next . a commission under the great seal of england was issued forth , impowering dr. barrow and his deputy to administ●● the oaths of supremacy and allegiance to the soldiery in scotland . by letters from scotland we are informed , that that kingdom is generally well satisfied , and express their great joy for the happy restauration of his majesty to his people , by whose gracious concessions they are in great hopes to enjoy their antient rights and priviledges in as great measure as ever they had formerly . the letters from ireland say , that the people there remain in a very quiet and peaceable posture ; that those persons to whom the management of affairs there is entrusted , do carry on business with such prudence and moderation , as gives a check to all spirits ; yet that they are in daily expectancy of a lord lieutenant or lord deputy . there is no question but by this time they have heard how his majesty hath been pleased to appoint the lord roberts to execute that great trust , which doubtless will give as great satisfaction to the people there , as their commissioners here , who look upon that election as the greatest happiness that could befall that kingdom . london , printed by john macock and tho. newcomb , . by the king a proclamation prohibiting from henceforth all entercourse of trade between our city of london and other parts of our kingdome untill other direction given by vs. england and wales. sovereign ( - : charles i) this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing c ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing c estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) by the king a proclamation prohibiting from henceforth all entercourse of trade between our city of london and other parts of our kingdome untill other direction given by vs. england and wales. sovereign ( - : charles i) charles i, king of england, - . broadside. printed by leonard lychfield, oxford : . at head of title: c.r. reproduction of original in the huntington library. eng great britain -- history -- civil war, - -- sources. great britain -- politics and government -- - . a r (wing c ). civilwar no by the king. a proclamation prohibiting from henceforth all entercourse of trade between our citty of london and other parts of this our kin england and wales. sovereign a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion c. r. ❧ by the king . ❧ a proclamation prohibiting from henceforth all entercourse of trade betweene our city of london , and other parts of our kingdome , untill other direction given by vs . whereas out of our tender care to our city of london , and in hope to reduce them to their due obedience to us , we by our proclamation , hearing date at our court at oxford the eight day of december now last past , did declare our royall pleasure to be , that there should be no stop or interruption to any of our loving subjects , as they should travell to our city of london with any cloaths , wares , or marchandize , but that they should freely and peaceably passe without any let , trouble or molestation whatsoever ; which grace and favour unto them , have in these many moneths wrought this contrary effect , that above all other paths of this our kingdom a prevalent faction of that city ( which over-rules the whole ) hath so far joyned with , and in that horrid rebellion , that it hath denounced war against the whole kingdom , by violent opposing all the possible wayes to peace ; and so that city formerly famous for their loyalty , and love to their sovereigns , is now become the head of that traiterous faction , and the receptacle of all such as are disaffected to our goverment , and the lawes of the kingdome : and not only willingly consents and submits to all burthens and impositions laid upon them , for the support and maintenance of the rebellious armies raised against us , but malitiously prosecutes and pursues all such who are but suspected to wish well to our service . and when we pitying the desperate and deplorable condition of our people , were gratiously pleased to desire a treaty for an accommodation , and propounded that whilest that treaty should continue , there might be a cessation of armes , and a free commerce for all our loving subjects in all parts of our kingdome , that so the benefits of trade and commerce being injoyed , our good people might bee the more in love with peace , yet this motion thus proceeding from us was neverthelesse by speciall incitation from the city of london ( which by the grace of our said proclamation enjoyed the said advantage of the whole kingdome ) scornfully neglected by the enemies of peace , and all entercourse interdicted to our city of oxford , the present place of residence for our court and army , and that restraint is continued upon all those who are thought to be serviceable , or but well affected to us : we therefore being thereunto enforced out of this necessity , and finding that the trade and commerce of the kingdome , which ought to be maintained for the publicke benefit of all our good people , is by this meanes inverted only for the advantage of those places , and persons which cherish this rebellion , the goods and merchandise of such who are thought well affected to us being seised when they are brought , to london , have thought it fit and reasonable to revoke and recall that our former act of grace and favour . and by this our proclamation , we doe publish and declare to all our subjects , that whosoever of them , either in their persons shall from henceforth travell unto our city of london , without license from our selfe , or one of our principall secretaries of state , the generalls , or lieutenant-generalls of our armies , or the governours of any of our townes , castles , or forts , or with their goods , catle , victuall or merchandize of any sort whatsoever , shall from henceforth travell unto , or for our said city of london or suburbs thereof , without our expresse licence for the same under our signe manuall , shall adventure the same at their own perills , we being resolved by all possible means to seize the same ; and that all those who from any parts of this our kingdome shall furnish or serve our said city of london or suburbs thereof , either by sea or land , with any victualls , or other provisions , or with any merchandize to maintaine them or their trade , as long as they shall obstinately stand out in rebellion aagainst us , we shall esteem as persons disaffected to us , and to our government , and as ayders & assisters to the rebells , and shall accordingly deale with them , and proceed against them : and that this restraint shall continue upon them untill such times as the inhabitants of the said city , finding their errors , shall returne to their due obedience unto us , straitly commandaig all the officers of our armies , and all other our officers , ministers , and loving subjects in all places through which any person , goods , cattle , victuall , or merchandise shall passe or be convesed towards the said city of london , to apprehend the persons , and seise and detaine the goods , untill upon speedy notice to us they shall receive our further directions : we hereby assuring them they shall receive part of such goods so seised in satisfaction and for their reward . but for the continuing of the generall trade and commerce of the kingdome , and the manufactures thereof ( which we desire to uphold and advance ) we leave all our subjects to trade freely in , and unto all other parts , and if and unto all other ports , or havens of this our kingdome , not being in actuall rebellion against us ; and from those ports to trade with their merchandise freely into any other parts whersoever beyond the seas , being in amity with us , without any restraint whatsoever . given under our signe manuallat our court at oxford this seventeenth day of iuly , in the nineteenth yeare of our reigne . god save the king . oxford , printed by leonard lychfield , . the falsities and forgeries of the anonymous author of a late pamphlet, (supposed to be printed at oxford but in truth at london) . intituled the fallacies of mr. william prynne, discovered and confuted, in a short view of his books intituled; the soveraignty of parliaments, the opening of the great seale. &c. wherein the calumnies, and forgeries of this unknowne author in charging mr. prynne with false quotations, calumniating falshoods, wresting of the scriptures, points of popery, grosse absurdityes, meere contradictions hainous treasons & plain betraying of the cause, (not one of which is in the least degree made good by the calumniator) are succinctly answered, refuted. / by william prynne of lincolnes inne, esquire. prynne, william, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing p thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) the falsities and forgeries of the anonymous author of a late pamphlet, (supposed to be printed at oxford but in truth at london) . intituled the fallacies of mr. william prynne, discovered and confuted, in a short view of his books intituled; the soveraignty of parliaments, the opening of the great seale. &c. wherein the calumnies, and forgeries of this unknowne author in charging mr. prynne with false quotations, calumniating falshoods, wresting of the scriptures, points of popery, grosse absurdityes, meere contradictions hainous treasons & plain betraying of the cause, (not one of which is in the least degree made good by the calumniator) are succinctly answered, refuted. / by william prynne of lincolnes inne, esquire. prynne, william, - . [ ], , [ ] p. for michael sparke, senior., printed at london, : . annotation on thomason copy: "aprill th". reproduction of the original in the british library. eng fallacies of mr. william prynne, discovered and confuted. great britain -- politics and government -- - -- early works to . a r (thomason e _ ). civilwar no the falsities and forgeries of the anonymous author of a late pamphlet, (supposed to be printed at oxford but in truth at london) . inti prynne, william b the rate of defects per , words puts this text in the b category of texts with fewer than defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion the falsities and forgeries of the anonymous author of a late pamphlet , ( supposed to be printed at oxford but in truth at london ) . intituled the fallacies of mr. william prynne , discovered and confuted , in a short view of his books intituled ; the soveraignty of parliaments , the opening of the great seale . &c. wherein the calumnies , and forgeries of this unknowne author in charging mr. prynne with false quotations , calumniating falshoods , wresting of the scriptures , points of popery , grosse absurdityes , meere contradictions hainous treasons & plain betraying of the cause , ( not one of which is in the least degree made good by the calumniator ) are succinctly answered , refuted . by william prynne of lincolnes inne , esquire . proverbs , . . the lip of truth shall be established for ever , but a lying tongue is but for a moment . printed at london , for michael sparke , senior . . the falsityes and forgeries of an anonymus author . it is an easy matter for any person of a brazen face , and seared conscience to be a slanderer , and by a fallacious misreciteing , perverting , dismembring , other mens works , to become a seeming refuter of them . the fairest natural or artificiall bodies , may soon be metamorphozed into the most misshapen monsters , if torne into confused fragments , and then patched up together into a disorderly chaos , where all the parts and members shall be dislocated , disunited , confounded and put into hotch-potch . this cobling kinde of artifice hath that botcher used , who composed the pamphlet intituled , the fallacies of mr. william prynne discovered and refuted : who instead of discovering and refuting any fallacies , or falsities of mr. prynnes , in an orderly or scolasticall manner , hath taken much unnecessary paines , to cull out here and there a word or line , out of his wrightings on severall subjects , and then patched them up together into inferences and arguments of his owne forging ; fighting onely with his owne shaddow , and mangling , misreporting , perverting all the passages he recites , ( as the reader may at first view discerne ) instead of answering , or refuting any thing which he hath written . wherefore i shall desire the ingenious reader , only seriously to peruse the severall quotations this cobler hath botched together , in my bookes themselves , as they are there urged , applyed , connected with the precedent and subsequent discourses to which they have relation , and then the fallacies , falsities , and calumnies of this anonymous patcher , ( who is so penurious of matter , substance , that he produceth not one text or author of his owne ) will be so apparently discovered , as they will need no further refutation . this is not mine owne solitary opinion , but the judgement of other intelligent men , who have read this pamphlet , to which i was minded to give no answer , as unworthy anything but contempt . yet being desired by some friends to reply some-what to it , least this champion should deeme his patched fardle irrefragable , and overmuch abuse the reader and my selfe with his slanderous falshoods , i shall returne no other answer to his charge of calumniating falshoods , wresting of the scriptures , points of popery , grosse absurdities , meere contradictions , hainous treasons , and plaine betraying of the cause , but onely this , that the pamphletter is most grosly mistaken , and hath most falsly aspersed me in all these particulers , as the mangled pages of my books , which he recites by fragments , will manifest to all who shall doe me so much justice as to appeale unto , and seriously peruse them , without diminution or prejudice . there are onely two or three more considerable calumnies he would fix upon me , that need some answer , and in answering them alone , you may clearely discover , both the palpable falsities , forgeries , fallacies of this slanderer , who is ashamed to set his name to his shamefull worke . the first and principall charge against me is , false quotations , witnesse the title page ; wherein is laid open his false quotations , &c. & p. . to . he doth deliver in an heavy imputation in the plurall nūber ; of false quotations . yet when he brings in his catalogue of them , among those thousand quotatiōs i have produced in my wrightings , he can charge me but with one , no more p. . i will not ( saith he ) undertake to examine his false quotations , being deterred by their magnitude and multitude . i will produce but one quotation . a strange kind of calumny , to charge me in the title and book with a magnitude and multitude of false quotations , and yet to be able to instance but in one alone . but this one is , at leonem ●a rare one . ex ungue leonem . guesse at the author by this example , it is out of bodine , that ( as he stileth him ) learned french lawyer , and statesman , de repub. l. . c. . p. . bodine saith , it alwayes hath and shall be lawfull for subjects to take wicked princes out of the way : can a sentence be quoted more plaine and full against our cause , and for their cause , then this of bodine ? but if bodine speakes no such thing , but more plainly and fully for our cause , against their cause , what may wee thinke of mr. prynne the quoter , &c. first , in the place quoted l. . c. . there are no such words , &c. so he p. here is a great cry indeed , but little wool , for in the very same page , we have confitentem reum , in these most positive termes . secondly , i ( writes he ) confesse the words quoted are in the fifth chapter of the book ( and that in page . . which i quoted : ) where then is the false quotation ? the words are there ; but not in the first but fifth chapter of the second book : what then ? they are in the same booke and page i quoted , but the printer printed the first chapter instead of the fifth in some coppies , contrary to my written coppie , and quotations in print in other coppies , and places . ergo my quoquotation is false ; grant this , yet it is not false , neither in the matter , page , booke , but chapter onely , which the printer , not i mistooke ? surely a very grand offence if reduced into a logicall argument . the printer misprinted the chapter in some coppies ; but mr. prynne misquoted not the words , booke , page , nor chapter of bodine in any kind : ergo he is guilty of a multitude of false quotations , at least of one , at leonem , but a rare one . so he disputes . a rare one indeed , such as was never heard of in the world before , a true quotation in every particle , yet slandered for a false one : which gives me just occasion to repay him with his owne coyne . p. . ex ungue leonem , guesse at the ( truth of this ) author by this example , the sole misquotation he chargeth me with . yea but he subjoynes p. . note what a faire inference mr. prynne here maketh . these reguli or little kings of the cities of the gaules , might be put to death by the nobility to which they were subject . appē . p. . so bodine , by whose words it is cleare ; that the ancient kings of france were inferiour in jurisdiction to their whole kingdomes and parliaments ; yea censurable by them to deposition or death this indeed is my inference , which he neither doth nor can disprove , since the ancient gaules had no other kings but these their reguli ; who might be put to death : and no universall absolute monarches , as bodine and all french historians acknowledge . yet his greatest quarrell with me is behinde . p. . for leaving out part of bodines words with an , &c. appendix , p. . viz. but if the prince be an absolute soveraine , as are the true monarches of france , &c. where the kings themselves have the soveraignty , without all doubte or question not devided with their subjects . in which &c. i omitted these words , of spaine , england , scotland , turkie , moscovy , tartary , persia , aethiopia , india , and of almost all the kingdomes of africk and asia , which interveene between , where the kings themselves have the soverainty , and , the true monarches of france , and for this omission though with an , &c. he cryes out thus , fye , fye , holy mr. prynne , can your sanctified penne , volens vidensque , wittingly , and willingly , abuse so perversly a learned french lawyer , and so pernitiously our gracious king of england ? but i pray you sir , what cause is there of such an exclamation for this omission , with an , & c ? in that place of my appendix i had nothing to doe with the kings of england , spaine , or any other kingdomes there named by bodine , but with the kings of france alone , whom from p. . to . i prove by undeniable histories and authorities , to have been inferiour to their kingdomes , and parliaments . to recite all these other kinges there upon this occasion , whē i discoursed of the fench kings alone , had been an impertinency , a tautologie , since i distinctly handled the severall jurisdictions of the kings of englād , spaine , scotland , &c. in their proper places & refuted the error of bodine ( though i truly cite his words ) that neither the kings of spaine , nor france , nor england , nor scotland , are such absolute soveraignes as he would make them . the omission therefore of spaine , england , and scotland , with an &c. which pointed to , not concealed them , can no wayes be charged on me as a false quotation , or as a witting or willing abuse of bodines words , as will appear by turning this accusation into arguments . master prynne in reciting bodines words , concerning the kings of france alone , omits his mentioning of the kings of spaine , england , scotland , &c. with an , &c. ( as this very momus himselfe in his censure omits turkie , moscovy , tartary , persia , &c. rather to be ranked among absolute tyrants than kings , ) ergo he hath falsly quoted , and wilfully perverted bodine . master prynne recites and refutes bodines opinion , of the absolute soveraignty of those kings , in the objected and other places . ergo he misrecites bodine . if these be not most absurd arguments , and calumniating falshoods , let the world judge . in fine , mr. prynne hath * frequently quoted bodine , and this very chapter of his , in sundry pages of his bookes , but misquoted him in no place whatsoever : ergo this botcher hath misquoted , misreported mr. prynne , and must cry peccavi for it . and for his odious subinference p. . it is his owne alone , not mine . this champion having thus manfully played the slanderer in this one quotation , which he in vaine labours to prove false , would willingly proceed to others , p. . but he there ingeniously confesseth , he wants his tooles to doe his worke , and i have not ( quoth he ) the bookes cited by him . certainely if he wants his books , and the books i cite , to examine my quotations by , it must needs be an impudent apparent slander in him , to tax me of misquotations of those authors he confesseth , he never saw nor read : the rather , because he writes in the same page , that my quotation out of speed seemeth somwhat amisse ; yet presently confesseth of himself in the same page ; i never saw it , nor heard it , till i read it in mr. prynnes book , and that he never read mr. speed , how dares he then terme it , a seeming misquotation ? is this man ( thinke you ) likely to refute or convince me of false quotations , who thus confesseth , that he neither hath , nor hath read , nor heard of the books and passages which i cite ? * si judicas , cognosce , was the ancient rule : i pray therefore get and read my quoted authors hereafter , before you presume to charge me with misquotations , else all must censure you for the grossest slanderer that ever put pen to paper . for the pretended falshoods , paradoxes , absurdities and absurd opinions he would fasten on me , p. . to . they are most of them his owne misrecitals , not my assertions ; and so farre as any of them are really mine , my pages whence they are transcribed , will sufficiently manifest them to be neither falshods , paradoxes , absurdities , nor absurd opinions . the popery he would asperse me with page . . is easily wiped of . for first , both the text and comment of roomes-master peece , is neither a fiction , nor pia fraus , unlesse he will make it so in the arch-bishop of canterbury , sir william boswell , habernfield , and the king himselfe , under whose hands it is extant , and hath been represented to the parliament . if this suffice not , the preface to the second edition of roomes-master peece , will either satisfie or silence this father of falshoods . secondly , the visions and revelations of king edward the confessor , cited in my remonstrance against shipmoney ▪ p. . & of one of the monks of clervaulx , opening of the great seale , p , . . are not recited by mr. prynne , as reall verityes , or convincing argumēts against shipmoney , & lordly bishops , but onely , de bene esse , to manifest what opinion the monks and historians who record them , had of danegeld and prelacy . and mr. prynnes other arguments , authorityes against shipmony cited in that remonstrance , and against lordly prelates and prelacy , registred in his vnbishoping of timothy and titus , his breviate catalogue of authours of all ages , and antypathy of the english lordly prelacy , to vnity and monarchy , are so sollid and copious , that no man hath hitherto attempted to returne the least answer to them , nor indeed can doe it , so that he needed not the helpe of visions , revelations , or popish pious frauds , to satisfy or delude his readers in these points debated by him . for the other pretended points of popery , perverting of the scripture , of lawes , treasons , and betraying of the cause , they are so abundantly answered , refuted in my books at large , in the pages quoted by this authour , that i shall wholly appeale to them , & the indifferent perusers of them , both for my purgation and justification , in all particulars ; which books having both the speciall licenced & good approbation of the high court of parliament , and of thousands of all sorts both at home and beyond the seas , ( who have highly approved them , and recieved good satisfaction by them , in the present unhappy controverted differences that distract us , ) need no further apology against this namelesse slanderer and depraver , to whom i onely wish more verity , honesty , ingenuity , for the future , then he hath here discovered for the present . finis . notes, typically marginal, from the original text notes for div a e- mr. pryn. append. p. . in the . . . . part & the appendix . * part. . p. . . . . . . part. . p. . . . . . . . . . . apendix . p. . . . . . * seneca medea . a poem to his sacred majesty, on the plot. written by a gentlewoman ephelia, fl. . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing p a estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a poem to his sacred majesty, on the plot. written by a gentlewoman ephelia, fl. . sheet ([ ] p.) printed for henry brome at the gun in st. paul's church-yard, london : [ ] by ephelia. attributed by wing to mrs. joan philips. dated at end: nov. . . copy torn, slightly affecting text. reproduction of the original in the bodleian library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng popish plot, -- early works to . great britain -- politics and government -- - -- poetry -- early works to . - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion a poem to his sacred majesty , on the plot . written by a gentlewoman . hail mighty prince ! whom providence design'd to be the chief delight of humane kind : so many virtues crowd your breast , that we do almost question your humanity : sure every planet that o're virtue reigns , shed it's best influence in your royal veins . you are the glory of monarchal pow'rs , in bounties free , as are descending showrs ; fierce as a tempest , when engag'd in war , in peace more mild than tender virgins are ; in mercy , you not only imitate the heav'nly pow'rs , but also emulate . none but your self , your suff'rings could have born with so much greatness , such heroick scorn : when hated traytors do your life pursue , and all the world is fill'd with cares for you , when every loyal heart is sunk with fear , your self alone , does unconcern'd , appear , your soul within still keeps its awful state , contemns , and dares , the worst effects of fate ; the majesty that shoots from your bright eye , commands your fate , and awes your destiny . and yet thô your brave soul bear you thus high , your solid judgment sees there 's danger nigh , which with such care and prudence you prevent , as if you fear'd not , but wou'd cross th' event : your care so nobly looks , it doth appear , 't is for your subjects , not your self you fear : heavens , make this princes life your nearest care , that does so many heavenly virtues share . if kings may be allow'd to copy you , charles is the likest , nature ever drew : blast every hand , that dares to be so bold an impious weapon 'gainst his life to hold ; burst every heart , that dares but think him ill , their guilty souls with so much terror fill , that of themselves they may their plot unfold , and live no longer , when the tale is told : safe in your care all else would needless prove , yet keep him safe too in his subjects love ; your subjects view you with such loyal eyes , they know not how they may their treasure prize . were you defenceless , they would round you fall , and pile their bodies to build up a wall . were you oppress'd , 't wou'd move a generous strife who first should lose his own , to save your life : but since kind heaven these dangers doth remove , we 'll find out other wayes to express our love. we 'll force the traytors all , their souls resign to herd with them , that taught them their design . finis . lcensed nov. . . roger l' estrange . london : printed for henry brome at the gun in st. paul's church-yard . by the protector. a proclamation giving notice that the remaining differences bewixt the english and dutch merchants stand referred to commissioners appointed on both sides who are to assemble at amsterdam in holland, the . of july . proclamations. - - england and wales. lord protector ( - : o. cromwell) this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing c thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) by the protector. a proclamation giving notice that the remaining differences bewixt the english and dutch merchants stand referred to commissioners appointed on both sides who are to assemble at amsterdam in holland, the . of july . proclamations. - - england and wales. lord protector ( - : o. cromwell) sheet ([ ] p.) printed by henry hills and john field, printer to his highness, london : mdclv. [ ] "given at white-hall this th day of july, .". arms ; steele notation: england, time ) un- timely. reproduction of original in the society of antiquaries library, london, england. eng dutch -- england -- early works to . trade regulation -- england -- early works to . great britain -- history -- commonwealth and protectorate, - -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no by the protector. a proclamation giving notice that the remaining differences bewixt the english and dutch merchants stand referred to commi england and wales. lord protector f the rate of defects per , words puts this text in the f category of texts with or more defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion op blazon or coat of arms ❧ by the protec●or . a proclamation giving notice that the remaining differences betwixt the english and dutch merchants stand referred to commissioners appointed on both sides , who are to assemble at amster●am in holland , the . of july . oliver lord protector of the common-wealth of england , scotland and ireland , and the dominions ther●o belonging , to all and singular the persons whom these presents concern , greeting ▪ whereas in the thirtieth article of the treaty lately made and concluded betwixt 〈◊〉 , and the lords the states general of the vnited provinces , it is agreed , that commissioners or arbitrators be nominated on both sides , authorized and impowred to examine and determine the losses and injuries which either side alledges to have sustain●● from the other since the year . unto the eighteenth day of may . old stile ; the particulars of which were to be delivered in to the commissioners so nominated , befor● the eighteenth day of may . which time was afterwards by mutual consent enla●ged to the thirtieth of the said moneth ; and if the said commissioners should not within three moneths space ▪ to be accounted from the said thirtieth day of may , come to an agreement concerning the differences aforesaid , that in such case the aforesaid differences be submitted to the iudgement and arbitration of the protestant canton of swisserland , who should be desired to take upon them that arbitration , and appoint commissioners impowred an● instructed to give final iudgement thereupon within six moneths next following after expiration of the three mo●eths aforesaid . and whereas the commissioners on both sides have met in london and received sundry demands , delivered to them within the time prefixed , and have examined and determined divers of them , according as i● contained in an award of the said commissioners published under their hands and seals the thirtieth of augu●● . old stile : and whereas several demands and differences , the particulars of which were delivered within the time aforesaid , do yet remain undecided , which according to the said thirtieth article ought to be remitted to the protestant cantons of swisserland , to the end they might be decided by such commissioners as they for that purpose should nominate and appoint ; which nomination and appointment not being by them made within the aforesaid time of six months , and it being necessary that the said remaining controversies and demands be judged and determined , and all appearance of difference for the future removed , it was further agreed and concluded betwixt vs and the lords the states general of the vnited provinces , that all demands delivered within the time aforesaid , viz. the thirtieth of may one thousand six hundred fifty four , and not comprehended and determined in the award aforesaid , be referred and submitted to the iudgement and determination of the said commissioners ▪ or of such others who shall hereafter be nominated and appointed on both sides ; which commissioners shall assemble together at amsterdam in holland , instructed with the same powers as before , and shall proceed in the same order , maner and method to a final determination of all and singular the differences and demands aforesaid ▪ within three moneths after their first meeting , which shall be upon the twentieth of july instant one thousand six hundred fifty and five , and that publique notice of the said day be given to the people of either commonwealth ; and whatever the said commissioners shall award and determine within the said three moneths , shall oblige both parties , as appears by an article agreed upon betwixt our commissioners and the ambassador of the lords the states general , and ratified as well by vs as the said lords the states general , by our respective letters patents under our great seals : to the end therefore all such of the people of this commonwealth , whose claims and demands for the said injuries and losses by them sustained from the people of the vnited provinces , remain yet unsatisfied and undetermined , may be ready with their proofs , writings and evidences concerning the premises , to attend the said commissioners at the time and place appointed , that so they the said commissioners may be the better enabled effectually to proceed to a final award and iudgement thereupon as appertains to right and iustice , we have thought fit to give publique notice , as we do by these presents , of the day and place prefixed , to the intent the persons interessed may have timely knowledge thereof , and prepare themselves accordingly . given at white-hall this th day of july , . published by his highness special command . london : printed by henry hills and john field , printers to his highness . mdclv . his maiesties most gracious message, may the th. from holdenby, to the lords and commons in the parliament of england, assembled at westminster, and the commissioners of the parliament of scotland. with his answer to the propositions. england and wales. sovereign ( - : charles i) this text is an enriched version of the tcp digital transcription b of text r in the english short title catalog (wing c b). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo b wing c b estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. b ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) his maiesties most gracious message, may the th. from holdenby, to the lords and commons in the parliament of england, assembled at westminster, and the commissioners of the parliament of scotland. with his answer to the propositions. england and wales. sovereign ( - : charles i) charles, i, king of england, - . england and wales. parliament. scotland. parliament. commissioners in london. [i.e., ] p. printed for richard royston, london : . with royal coat of arms on title page. page misnumbered as . answers parliament's "propositions... sent to his majesty at newcastle", july . reproduction of the original in the bodleian library. eng great britain -- history -- civil war, - -- sources. great britain -- politics and government -- - -- sources. b r (wing c b). civilwar no his maiesties most gracious message, may the th. from holdenby, to the lords and commons in the parliament of england, assembled at westmi england and wales. sovereign a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - olivia bottum sampled and proofread - olivia bottum text and markup reviewed and edited - pfs batch review (qc) and xml conversion his maiesties most gracious message , may the th from holdenby , to the lords and commons in the parliament of england , assembled at westminster , and the commissioners of the parliament of scotland , with his answer to the propositions . london , printed for richard royston , . his maiesties most gracious message from holdenby , may . . c. r. as the daily expectation of the comming of the propositions hath made his majesty this long time to forbeare giving his answer unto them , so the appearance of their sending being no more for any thing he can heare , then it was at his first comming hither , notwithstanding that the earle of louderdale hath been at london above these dayes , ( whose not comming was said to be the onely stop ) hath caused his majesty thus to anticipate their comming to him , and yet considering his condition , that his servants are denied accesse to him , all but very few , and those by appointment , not his owne election , and that it is declared a crime for any but the commissioners , or such who are particularly permitted by them , to converse with his majestie , or that any letters should be given to , or received from him , may hee not truly say , that he is not in case fit to make concessions , or give answers , since he is not master of those ordinary actions which are the undoubted rights of any free-borne man , how meane soever his birth be ? and certainly hee would still be silent as to this subject , untill his condition were much mended , did he not preferre such a right understanding betwixt him and his parliaments of both kingdomes , which may make a firme and lasting peace in all his dominions , before any particular of his owne or any earthly blessing : and therefore his majesty hath diligently imployed his utmost indeavours for divers moneths past , so to informe his understanding , and satisfie his conscience , that he might be able to give such answers to the propositions , as would be most agreeable to his parliaments ; but he ingenuously professes , that notwithstanding all the paines that he hath taken therein , the nature of some of them appeares such unto him , that without disclaiming that reason which god hath given him to judge by for the good of him and his people , and without putting the greatest violence upon his owne conscience , hee cannot give his consent to all of them . yet his majestie ( that it may appeare to all the vvorld how desirous he is to give full satisfaction ) hath thought fit hereby to expresse his readinesse to grant what he may , and his willingnesse to receive from them , and that personally if his two houses at westminster shall approve thereof , such further information in the rest as may best convince his judgement , and satisfie those doubts which are not yet cleer unto him , desiring them also to consider that if his majestie intended to winde himselfe out of these troubles by indirect meanes , were it not easie for him now readily to consent to what hath or shall bee proposed unto him , and afterwards chuse his time to breake all , alledging , that forc't concessions are not to be kept , surely he might , and not incurre a hard censure from some indifferent men . but maximes in this kinde are not the guides of his majesties actions , for hee freely and cleerly avows , that he holds it unlawfull for any man , and most base in a king to recede from his promises for having been obtained by force or under restraint ; wherefore his majesty not onely rejecting those acts which he esteems unworthy of him , but even passing by that which he might well insist a point of honour , in respect of his present condition , thus answers the first proposition . that upon his majesties comming to london , hee will heartily joyne in all that shall concerne the honour of his two kingdomes or the assembly of the states of scotland , or of the commissioners or deputies of either kingdome , particularly in those things which are desired in that proposition , upon confidence that all of them respectively with the same tendernesse will look upon those things which concerne his majesties honour . in answer to all the propositions concerning religion , his majestie proposeth , that he will confirme the presbyteriall government , the assembly of divines at westminster , and the directory , for three yeares , being the time set downe by the two houses , so that his majestie and his houshold be not hindred from that forme of gods service which they formerly have ; and also , that a free consultation & debate be had with the divines at westminster ( twentie of his majesties nomination being added unto them ) whereby it may be determined by his majestie and the two houses , how the church shall be governed after the said three yeares or sooner , if differences may be agreed . touching the covenant , his majestie is not yet therein satisfied , and desires to respite his particular answer thereunto untill his comming to london , because it being a matter of conseience he cannot give a resolution therein till he may be assisted with the advice of some of his own chaplains ( which hath hitherto bin denied him ) & such other divines as shall be most proper to informe him therein ; and then he will make clearely appeare , both his zeale to the protestant profession , and the union of these two kingdomes , which he conceives to be the maine drift of this covenant . to the th and th propositions , his majestie will consent . to the th his majestie doubts not but to give good satisfaction when he shall be particularly informed how the said penalties shall be levied and disposed of . to the th his majesties answer is , that he hath beene alwayes ready to prevent the practices of papist , and therefore is content to pisse an act of parliament for that purpose ; and also , that the lawes against them be duly executed . his majestie will give his consent to the act for the due observation of the lords day , for the suppressing of innovations , and those concerning the preaching of gods word , and touching non-residence and pluralities , and his majestie will yeeld to such act or acts as shall be requisite to rayse moneyes for the payment and satisfying all publique debts , expecting also that his will be therein included . as to the proposition touching the militia , though his majestie cannot consent unto it in terminis as it is proposed , because thereby he conceives , hee wholly parts with the power of the sword entrusted to him by god and the lawes of the land , for the protection and government of his people , thereby at once devesting himselfe , and dis-inheriting his posteritie of that right and prerogative of the crowne which is absolutely necessary to the kingly office , and so weaken monarchy in this kingdome , that little more then the name and shadow of it will remaine : yet if it be onely securitie for the preservation of the peace of this kingdome , after the unhappy troubles , and the due performance of all the agreements which are now to be concluded , which is desired , ( which his majestie alwayes understood to be the case , and hopes that herein he is not mistaken ) his majestie will give aboundant satisfaction , to which end he is willing by act of parliament , that the whole power of the militia , both by sea and land for the space of tenne yeares bee in the hands of such persons as the two houses shall nominate , giving them power during the said terme to change the said persons , and substitute others in their places at pleasure , and afterwards to returne to the proper channell againe , as it was in the times of queene elizabeth and king iames of blessed memory . and now his majestie conjures his two houses of parliament , as they are englishmen and lovers of peace , by the dutie they owe to his majestie their king , and by the bowells of compassion they have to their fellow subjects , that they will accept of this his majesties offer , whereby the joyfull news of peace may be restored to this languishing kingdome his majestie will grant the like to the kingdome of scotland if it bee desired , and agree to all things that are propounded touching the conserving of peace betwixt the two kingdomes . touching ireland ( other things being agreed ) his majestie will give satisfaction therein . as to the mutuall declarations proposed to be established in both kingdomes by act of parliament , and the modifications , qualifications , and branches which follow in the propositions , his majesty onely professes , that he doth not sufficiently understand , nor is able to reconcile many things contained in them ; but this he well knoweth , that a general act of oblivion is the best bond of peace ; and that after intestine troubles , the wisdome of this and other kingdomes hath usually and happily in all ages granted generall pardons , whereby the numerous discontentments of many persons and families otherwise exposed to ruine , might not become fewell to new disorders , or seedes to future troubles . his majesty therefore desires , that his two houses of parliament would seriously descend into these considerations , and likewise tenderly look upon his condition herein , and the perpetual dishonour that must cleave to him , if he shall thus abandon so many persons of condition and fortune that have ingaged themselves with and for him , out of a sense of duty , and propounds as a very acceptable testimony of their affection to him , that a generall act of oblivion and free pardon be forthwith passed by act of parliament . touching the new great seal , his majesty is very willing to confirme both it and all the acts done by vertue thereof untill this present time , so that it be not thereby pressed to make voyd those acts of his done by vertue of his great seale , which in honour and justice he is obliged to maintaine , and that the future government thereof may be in his majesty , according to the due course of law . concerning the officers mentioned in the . article , his majesty when he shall come to westminster will gratifie his parliament all that possibly he may , without destroying the alterations which are necessary for the crown . his majesty will willingly consent to the act for the confirmation of the priviledges and customes of the city of london , and all that is mentioned in the propositions for their particuler advantage . and now that his majesty hath thus far indeavoured to comply with the desires of his two houses of parliament , to the end that this agreement may be firme and lasting , without the least face or question of restraint to blemish the same , his majesty earnestly desires presently to bee admitted to his parliament at westminster , with that honour which is due to their soveraigne , there solemnly to confirme the same , and legally to passe the acts before mentioned , and to give and receive as well satisfaction in all the remaining particulars , as likewise such other pledges of mutuall love , trust , and confidence as shall most concerne the good of him , and his peoples upon which happy agreement , his majesty will dispatch his directions to the prince his son , to returne immediately to him , and will undertake for his ready obediencc thereunto . for the speaker of the lords house ( pro tempore ) to be communicated to the lords and commons in tht parliament of england at westminster , and the commissioners of the parliament of scotland . finis . the humble proposals and desires of his excellency the lord fairfax, and of the general councel of officers, in order to a speedy prosecution of justice, and the settlement formerly propounded by them fairfax, thomas fairfax, baron, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing f ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing f estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : or : ) the humble proposals and desires of his excellency the lord fairfax, and of the general councel of officers, in order to a speedy prosecution of justice, and the settlement formerly propounded by them fairfax, thomas fairfax, baron, - . england and wales. army. council. p. printed by john field for john partridge, london : decemb. , . "by the appointment of his excellency the lord fairfax, lord general, and his general councel of officers, decemb. , . signed john rushvvorth, sect." reproduction of original in huntington library. this item appears at reel : as wing f and at reel : as h (number cancelled in wing nd ed.). eng great britain -- history -- civil war, - . great britain -- politics and government -- - . a r (wing f ). civilwar no the humble proposals and desires of his excellency the lord fairfax, and of the general councel of officers, in order to a speedy prosecutio fairfax, thomas fairfax, baron a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion the humble proposals and desires of his excellency the lord fairfax , and of the general councel of officers , in order to a speedy prosecution of justice , and the settlement formerly propounded by them . by the appointment of his excellency the lord fairfax , lord general , and his general councel of officers , decemb. . . signed , john rushvvorth secr' london , printed by john field for john partridge decemb. . . to the honorable , the commons of england assembled in parliament : the humble proposals and desires of his excellency the lord fairfax , and of the general councel of officers , in order to a speedy prosecution of justice , and the settlement formerly propounded by them . having , with others , for a long while sadly beheld and tasted , in your proceedings , the miserable fruits of councels divided and corrupted by faction and personal interest , even to the neglect , betraying and casting away all that 's publique and good , to the lengthning out of endless troubles , burthen and damage to the kingdom , to the continuance and widening of that issue of blood , whereby these nations have been so much polluted and consumed , and to the perpetual hazard of bondage and destruction to them at last : and both we and many others having propounded foundations of justice and settlement , which are of evident advantage and security to the publique interest , and clear from any thing that 's personal or particular ; but finding that through th'aforesaid corruption and divisions in your councels , the same can obtain no place or consideration at all : and foreseeing evidently that the condition of the kingdom will not bear delay of settlement one way or other , we conceive our selves and others that are sensible hereof , to be necessitated unto some extraordinary vigorous and speedy way , whereby those roots of faction , division , and private interests may be weeded out from amongst you , and so your councels cleared and united , to the timely and effectual prosecution of justice , with a sound settlement and publique good to the kingdom , and to the speedy introducing of such a succeeding authority , wherein future differences may be prevented , and a general acquiescence obtained . therefore seeing no better or other way , we propound and demand as followeth : . whereas denzil hollis esq lionel copley esq major gen : massey , and others of your members , ( whose names you well know ) were in the year . impeached by your selves for treason , or for high crimes and misdemeanors , in relation to the treasonable engagement in the city of london , the violence then done upon the parliament , and the levying of a new war , and other evils in maintenance and prosecution thereof ; and upon clear proofs against them , were by your censure expelled the house , and disabled from further trust therein , and upon new writs issued out new members were chosen and return'd in some of their rooms ; and yet by the prevalence of their faction ( when in the last summers war divers faithful members were ingaged abroad upon necessary publique service , and others through malignant tumults and disturbances could not safely attend the house ) the same persons were afterwards re-admitted to sit in the house , and vote as formerly , without any tryal or satisfaction in the things whereof they were accused : we demand , that all those members so impeached , may be forthwith secured , to be brought to justice or trial for their said crimes ; and that such others of their faction , by whose votes , councels and confederacy they were so re-admitted , may be secluded from the house , and not sit as judges for those their confederates . . whereas by the confederacy of major gen : brown now sheriff of london , with the said impeached members , the scots were invited and drawn in to invade this kingdom the last summer , in somuch as when upon the actual invasion the house proceeded to declare them enemies , and those that adhered to them traytors ; yet the said confederates and other treacherous members ( to the number of ninety and odde , as upon the division of the house appeared ) did by their councel and votes endeavor to hinder the house from declaring against their confederate invaders ; we desire , that the said major gen : brown may be secured and brought to judgement , for that and other his treacherous confederacies or correspondencies with the publique and declared enemies of the kingdom ( which we hereby charge him with , and shall be ready to make proof of ) and that the rest of the ninety and odde persons dissenting in the said vote , may be excluded , and not trusted further in your councels . . whereas in a continued series of your proceedings for many moneths together , we have seen the prevalence of the same treacherous , corrupt and divided councels , through factions and private interests , opposing or obstructing justice in all kindes , diverting your councels from any thing of publique good , hindring any proceedings to any such settlement , as would consist with security to the publique interest , or put a real end to the troubles , burthens or hazards of the kingdom , and precipitating into treacherous and destructive compliances and conjunctions with the acknowledged enemies thereof ; and this we have have seen particularly in the corrupt councels and resolves of receding from , and recalling the votes of no more addresses to the king , &c. ( the justness and necessity whereof you had once so cleared to the world ) also in the votes for entertaining or seeking ( after all that ) a personal treaty with the king your prisoner , upon such propositions as himself should tender , as well as your own , offering upon imperfect ( and those but wrested ) concessions from him , to restore him , with impunity , to honor , freedom , safety , and his revenue , exempting all ( even the principal ) authors and actors in the last summers war from capital punishment or tryal , and bringing off the rest with fines or censures most inconsiderable to the publique damage and mischief they have done ; whereby both they and others are encouraged to renew and multiply the kingdoms troubles : and lastly , in the votes declaring the kings past concessions to be a ground for the house to proceed upon , for the settlement of the peace of the kingdom , notwithstanding the visible insufficiency and defects of them in things essentially concerning the publique interest , and liberties of the kingdom ( as those propounded in our late remonstrance are ) and in other matters both religious and civil ( from which , by express covenant or publique faith given , you were obliged not to recede ) in which votes & councels it is apparent , those that are guilty of thē have deserted , betrayed & justly forfeited their trust for the publique ; insomuch that we dare appeal to all well affected or reasonable men , whether there be any hopes by , or with the conjunction of such men in your councels , to have any sound or timely settlement , to have any end of troubles , burthens or hazards , or any publique good done for the kingdom : we therefore most earnestly desire , that all such faithful members who are innocent in these things , would immediately ( by protestation and publique declaration ) acquit themselves from any guilt of , or concurrence in the several votes or councels here before particularly mentioned , as corrupt or destructive , that the kingdom may know who they are that have kept their trust , and distinguish them from the rest that have thus falsified the same ; and that all such as cannot or shall not so acquit themselves particularly , may be immediately excluded or suspended the house , and not readmitted , until they shall have given clear satisfaction therein to the judgement of those who now so acquit themselves , and the grounds of such satisfaction be published to the kingdom . . thus , such as by faithfulness have retained their trust , being set in a condition to pursue and perform the same , without such interruptions , diversions and depravations of councels , as formerly , we shall desire and hope you will speedily and vigorously proceed , to take order for the execution of justice , to set a short period to your own power , to provide for a speedy succession of equal representatives , according to our late remonstrance , wherein differences in the kingdom may be ended , and we and others may comfortably acquiesce ; as ( for our parts ) we hereby engage and assure you we shall . by the appointment of his excellency the lord fairfax , lord general , and his general councel of officers , december . . signed , john rushworth secr finis . the dvke of lenox his honovrable and vvorthy speech in the high court of parliament in scotland octob. , concerning the kings majesties returne into england : and a certaine affront which was given to himselfe and the marquisse hamilton when they first came to take their places in the parliament house. honourable and worthy speech in the high court of parliament in scotland octob. , lennox, james stuart, duke of, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing r ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing r estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; :e , no ) the dvke of lenox his honovrable and vvorthy speech in the high court of parliament in scotland octob. , concerning the kings majesties returne into england : and a certaine affront which was given to himselfe and the marquisse hamilton when they first came to take their places in the parliament house. honourable and worthy speech in the high court of parliament in scotland octob. , lennox, james stuart, duke of, - . [ ] p. printed for john thomas, london : . reproduction of original in thomason collection, british library. eng charles -- i, -- king of england, - . great britain -- politics and government -- - -- sources. a r (wing r ). civilwar no the duke of lenox his honourable and vvorthy speech in the high court of parliament in scotland· octob. . . concerning the kings majes lennox, james stuart, duke of a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - tcp staff (michigan) sampled and proofread - tcp staff (michigan) text and markup reviewed and edited - pfs batch review (qc) and xml conversion the dvke of lenox his honovrable and vvorthy speech in the high court of parliament in scotland . octob. . . concerning the kings majesties returne into england . and a certaine affront which was given to himselfe , and the marquisse hamilton when they first came to take their places in the parliament house . london , printed for iohn thomas . . the duke of lenox , his speech in the court of parliament in scotland , octob. . . concerning the kings returne home into england , and a certaine affront which was given to himselfe and the marquisse of hamilton , when they first came to take their places in the parliament house . my lords , of this most honorable convocation , my bounden duty commandeth me to bee a speaker , which as yet have alwayes bin silent , and which is not concerning any meane matter , or the affayres of so little consequence , but that it concernes both kingdomes , and my owne particular affront at my first comming to this assembly . but first , i begin in my kings behalfe , who hath beene present here so long , that others bemoane to my knowledge , his absence . you cannot but thinke my lords , that england will be contented without their soveraigne , for a body without a head , what is it but dead , cōmissioners are left behind it is true , but yet the land receives the more courage while their king is present , concerning state affayires , then is to be conceived they can , he being absent . i very well know , that when his majestie came first hither , it was not his royall intent to stay so longe , but promised a speedy returne , which is well known unto your selves , as others , and yet doe i perceive that you are all sicke of a lingring disease , that i am forced to confesse that there have many great disturbances concerning the state , and many treacheries are daily discovered , but yet my lords consider , distractions are as well in england and ireland , as in this kingdome , religion there claymes its due , which is to be preferred before a private danger , which is both wicked & pernicious to the common wealth . the one may destroy some perticular persons , but the other destroyes a whole commonwealth , where but in part a kingdome halts concerning religion , great danger must needs hang over the head of the whole , as long as errour is crowned , truth must consequently be dispossessed of its right and it behoves a king to defend the right . why is our soveraigne stiled the defender of the faith , but to defend the righteous & just , for where there is neither right nor justice , faith cannot subsist . to bring the first part of my intents to a period , it is requisite that the returne of the king be no longer delayd . let not england be deceived any longer of its diurnall expectation , least danger be heaped on your heads , for why it is already suspected , that you keepe him here for no loyall intents . although i must confesse that his entertaynement hath beene such amongst you ; that envy it selfe , can finde no just cause to complaine , and ever since his majestie hath beene here , you cannot deny , but that he hath beene willing to condiscend to your demands . the castle of edenburgh is discharged of all it's forces , the souldiers are disbanded , and the ordinances dismounted , although carleile as yet have not yeelded to doe the like , yet no wtong is offered by them , but they wish well to both kingdomes , and the soveraigne thereof . his majestie subscribes to any thing that is lawfull , and hath yeelded to all things hitherto according to justice , and he being absent hath given his power into your hands , wherefore it is now requisite my lords , that he returne home into england , all delay being put aside , so shall you stop the mouthes of all which be apt to report the worst . now my lords , give me way to speake for my selfe , for i have hitherto spoken in the behalfe of my soveraigne the king . when first i intended , according to my degree , to take my place in this house of parliament , both my selfe , and the marquisse of hamilton were disturbed , and must not be permitted hither without a subscribing to the covenant , which command of yours wee seemed not to disobey . and yet daily doe i heare mutterings and murmurings , as if both of us were unworthy to receive such honours , and blame me not , if at this time you perceive me untongue-tyed , so much as now at length i am forced to speake . can it bee the lowlinesse or basenesse of our births , which doe force such ill conjectures of us , or have you knowne us to be either traytors or rebels to our king or countrey , from whence i wonder then doth issue , such unheard of rumors , i thinke , nay i dare avouch it , that neither of us in a just and right cause would be tymerous to loose our bloods in your defence . my lords , let not loyall hearts be accounted as those which be treacherous , let caesar have his due , and let not the just be wronged , i know that there be some here present , which wonder how my excitated passion , could be so long cohibited , i have now utteedr my mind , judge of it as your lordships shall please ; my conclusion shall bee as i said before , that caesar may have his due , and that the just may not be wronged . finis . the state and dignitie of a secretarie of estates place, with the care and perill thereof, / written by the right honourable robert late earle of salisbury. with his excellent instructions to the late earle of bedford, for the government of barwick. a work worthy of memory. salisbury, robert cecil, earl of, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing s thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) the state and dignitie of a secretarie of estates place, with the care and perill thereof, / written by the right honourable robert late earle of salisbury. with his excellent instructions to the late earle of bedford, for the government of barwick. a work worthy of memory. salisbury, robert cecil, earl of, - . burghley, william cecil, baron, - . [ ], , [ ] p., [ ] leaf of plates : port. [s.n.], london : printed in the yeare . "mr. secretary's answer to the earl of bedford" (p. ): signed: will. cecil. with a preliminary engraved frontispiece. annotation on thomason copy: "novemb: .". reproduction of the original in the british library. eng cabinet officers -- england -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason e _ ). civilwar no the state and dignitie of a secretarie of estates place,: with the care and perill thereof, / written by the right honourable robert late e salisbury, robert cecil, earl of c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - elspeth healey sampled and proofread - elspeth healey text and markup reviewed and edited - pfs batch review (qc) and xml conversion illustriss : dn . robertus cecilius comes sarisbvriae ▪ angliae thesaurius . etc. honi soit qvi mal y pense the right honourable robert cecill earle of salisbury viscount cranborne , baron of e●…inden : late lo : treasurer of england knight of the most noble order of the garter ▪ and one of his maties most honourable priuy counsell . are to besould by iohn hind the state and dignitie of a secretarie of estates place , with the care and perill thereof , written by the right honourable robert late earle of salisbvry . with his excellent instructions to the late earle of bedford , for the government of barwick . a work worthy of memory . london , printed in the yeare . the state and dignitie of a secretarie's place , with the perill thereof , written by the right honovrable robert , late earle of salisbvry , with his requested instructions to the earle of bedford for the government of barwick , worthy of memory . all officers and councellors of princes have a prescribed authoritie by patent , by custome or by oath , the secretary onely excepted , but to the secretary out of a confidence and singular affection there is a libertie to negotiate at discretion at home and abroad with friends and enemies in all matters of speech and intelligence . all servants of princes deale upon strong and warie authoritie and warrant in disbursements as treasurers , in conference with enemies as generall , in commissions in executing offices by patent & instructions , & so in whatsoever else , only a secretary hath noe warrant or commission , noe not in matters of his own greatest particulars , but the vertue and word of his soveraigne . for such is the multiplicitie of actions , and variable motions and intents of forraigne princes , and their dayly practises , and in so many parts and places , as secretarie's can never have any commission , so long and universall as to secure them . so as a secretary must either conceive the very thought of a king , which is onely proper to god ; or a king must exercise the painfull office of a secretary , which is contrary to majestie , and libertie , or else a prince must make choice of such a servant of such a prince , as the princes assurance must be his confidence in the secretary , and the secretarie's life his trust in the prince . to deale now with a prince tanquam infirmum futurum , cannot be a rule for a secretary , for all that he hath to trust to is quite contrary , which is that his prince will be semper idem . all strange princes hate secretarie's , all aspirers , and all conspirers , because they either kill those monsters in their cradles or else tract them out where no man else can discerne the print of their footing . further more this is manifest that all men of warre do malign them except they will be at their desires . their fellow councellors envy them because they have most easie and free accesse to princes , and wheresoever a prince hath cause to delay or deny to search or punish , none so soone beare so much burthen . kings are advised to observe these things in a secretary . first that he be created by himself and of his owne raising . secondly that he match not in a factious familie . and lastly that he have reasonable capacitie , and convenient abilitie . on the other side the place of a secretary is dreadfull , if he serve not a constant prince , for he that liveth by trust ought to serve truly , so he that lives at mercy ought to be carefull in the choice of his master that he be just & de bona natura . if princes be not confident on those , whom they have made choice of , they shall ill trust the work of a strange hand , and if the rule hath failed in some of those that have sinned in ingratitude to those princes , it is in those of the highest order , ero similis altissimo . but for those of private qualitie who have no other consistance nor can ever look for equall blessednesse , there the jealousie of a prince hath never beheld suspect but meere contempt . as long as any matter of what weight soever is handled onely between the prince and the secretary : those councells are compared to the mutuall affections of two lovers , undiscovered to their friends . when it commeth to be disputed in councel , it is like the conference of parents and solemnization of marriage , the first matter , the second order , and indeed the one the act , the other the publication . if there be then a secretary whose state can witnesse that he covereth not for profit , and if his carefull life , and death shall record it , that love is his object , if he deale lesse with other mens suites , whereby secretarie's gaine , then ever any did , if he preferr his majestie , and despise his own . if such an one should finde that his hope could not warrant him , no not against the slanders of those wicked ones , whom he must use onely , then surely that secretary must resolve that the first day of his entrie is the first day of his miserie , for if he be not worthy of trust , he is lesse worthy of life ; and a suspicion of a secretary is both a tryall and condemnation and a iudgment . master secretarie's answer , to the earle of bedford . sir , i am very sorry , that i find in my self , that i am neither able to satisfie your lordships request , nor my owne desires ; and yet your selfe perchance will better accept my doings , then i shall my selfe allow them . your lorship , would have me ( by your letters ) give you advice , for your affaires and service there . it commeth of your two much good opinion of me , that your lordship thinkes me able thereunto , which surely i am not : and though my desire be to do this , as you would ; yet cannot i satisfie my selfe , as i would ; and if i should spend any words to declare my owne unabilitie , your lordship would not like them ; and to enterprise to do that which i know not , i am not therein like my selfe . yet , notwithstanding , i had rather please your lordship with my folly ; then alltogether my selfe with silence ; if i write foolishly , or unseasonably , the lack is mine , but the occasion of my fault is your lordships . i heard so good report of your doings , the best is , i can give you , to go forward , and countenance your owne example ; and the next advice thereunto is , that when you see one day comming , to amend the day past ; my meaning is , to have you in all your action do , as all other naturall things do , and most plainely . things growing which dayly from time to time do increase , whose example , if a man would follow ; he should as his body groweth in age , so see his witt with knowledge , his conditions with vertues should amend ; and , as we do live , we grow towards death , by moments of time , so should we grow towards heaven , by multiplying of vertues , and good gifts . you see , i am at the first step in divinity ; and so might i seeme to many other of your estate , to be of small discretion to fall in preaching to him , that must be occupied in musters , with looking to fortifications , and such like worldlie affaires . but my lord , i know to whom i write , to him , which considereth between things worldly , and heavenly , to him , that knoweth the feare of god , is the beginning of wisdome ; and therewith i end . now , to your externall care ; where certainely , god is served , and pleased with them , that accomplish the same to their powers ; and , if wisdome lacke , they may aske it of him , who hath the treasure of wisdome and goodnesse . your lordship hath there a great charge of government , i know , you think your selfe unmeet thereunto , especially , in knowledge ; and surely to know that , amendeth your abilitie ; for more hurt comes of mens securities , and presumption of wisdome , then in mistrust . it is a good thing , for you to be think your selfe , of some noble man , whom you have either read or heard , whose doings have bin worthy of commendations , in such service as this . and to make a paterne , and example to your selfe , dayly in your doings , practising the imitation of him throughout all your life , and in this point , may you choose manie noble properties of your owne naturall , good father , to follow ; whereunto , nature shall bend , and make you soonest inclinable . if you have heard of any noble man famous in justice ; not being led by affection on the one side , or on the other ; nor being strict , in severenesse of law ; it were good , to follow him . if also you have heard the same to be mercifull , to have had compassion of others in adversitie , and willing to end all causes with quietnesse and charitie ; the example will be good . you may also propound to your selfe the example , to follow such a one , as hath liberalitie in expences without prodigalitie , remembring that the propertie of vertue is , to continue in well doing , and therefore to hold the meane is hard . as certainely in these or other like vertues , you shall see the fault on both sides so nigh standing to the vertues , that unlesse you keepe your selfe in your doings very upright , it is easy to erre on the one side or the other ; as for example ; in your expences if you keepe not a measure in your giving , you shall faile on the one side ; and shall lack to give ▪ when most gladly you would give : on the other side , if you forbeare to give , where you may , and when you ought , then do you as the scripture saith , heape up stones for your grave . the like is in the vertue of justice ; wherein , it shall suffice to remember of one byas , that when he had given judgment on one , wept himselfe ; and being asked of the cause , he said , in weeping he satisfied nature : in my sentence the law : his pitie was naturall and hindred not justice , his justice was lawfull and not unnaturall . thus , i might spend your lordships time , in reading a long , and weary letter , if i would continue in that morall advertisement ; i will therefore draw more to particulars of your charge , and as i guesse thereby , more aptly to satisfie your lordships request . the foundation of your services there is your commission , and under seale of discharge , the force thereof is the end of your charge . wherefore , you shall do well ; by frequent reading and consideration thereof , to understand it well , and keepe it in memory ; for which purpose , it shall be expedient , to have some conference with some learned man in the law for the behalfe in law ; and of some other discreet men , for the execution of the same . in like case this know as you see time convenient , so may you performe the commandements . but me thinkes you will say , i took upon me , the easiest parts of advertisement , that is , to do discreetly , but i shew you not how , but remitt you to others , and then will you thinke , that i do , as one that may bidd a sicke man be whole , be quitt , shake of your sicknesse but how to do , he teacheth not . forsooth my lord , my excuse is too waies : first , i know not your commission , and that you know is true ; next , if i did know it , yet j have no such knowledge , ( specially in law ) to informe you withall more particularly , then j do ; but these j thinke contenteth you not , for you will ( according to your old mirth ) call this , a reason that commeth from colliweston , and therefore to keepe you occupied with scribling , j will follow on with a hotch-potch of sentences . jn your commission , j think , manie things be committed to your discretion , which maketh the burthen greater , then if you had been expressely commanded what to do . therefore , must you needs consider , what is ment , by discretion ; which , as we terme it in our language ; seemeth to be a knowledge , to discerne and judge one thing from another . and this part truly is properly pertaining to wisdome ; for before a man can discerne , he must know it , and he that will performe this part , must measure and judge of these things ; and therefore before you shall conclude of anie thing of weight , you must discerne oft thereupon ; and before you can do that , you must know the thing that is discerned ; and then for the election of these it is very profitable , to imagine a paire of ballances , and in the one to lay reasons on the one side , and in the other to lay the contrary , and then judge which is the heaviest , i meane which ballance hath the best reasons , nor the most and touching your owne person , see things pertaining thereto , be meet for the place which you keepe ; neither too negligent , neither too curious ; to the one of these peradventure you are more subject then to the other , and therefore , you must regard your selfe the more . your household , must be governed as it may be an example of vertue to others , and an ornament to your office , let your officers have good ancient rules for order , and see they be not neglected ; you must your selfe so with the same , as your servants may know you acquainted with their doings ; and yet not seeme to strangers , to meddle therewith . if you have cause to blame your officer , and have a mind to keepe him , do it secretly , that he may know his fault , but not be known to the servant , underneath him : in any wise cause not idlenesse to remaine among your people , let not your servants exceed in apparell their degree , for the charge at length will be to your purse or estimation : let them understand , that you love them best who live best in order ; them next , who live nearest order , and them nothing at all ; which live farr from order ; let them which do well in your house , feele both your love and reward . at your table , let no matter of princes affaires or princes regiments , be disputed ; nor of religion : for meate and drinke requireth meaner talke ; to keepe men occupied of the common talke of the country , or other honest merry talkes . lastly note , let job serve in his degree , your lordship can well enough , with a few questions , set men occupied in talke . for your fare , ( your lordship must give me leave to be bold ) i can very well like , that in respect of your degree , that your service be both in order , and service honourable : and in substance plenreous , and in art curious , but considering the pronesse of this age to excesse ; j can best allow the first without the last : and in any wise whatsoever you shall like , do in other places , let not your orders belonging to your estate ( especially in common assemblies ) at your table be neglected : and if your table be also plenteous , it is also serviceable for the poore : but the last , to have many devises of counterfeit meates , and also spiced , maketh wast in the household , gaineth little , giveth ill example to be followed , and is not wholsome to your guests , and in the end , serveth small to hospitalitie . now for the usage of men there in those parts , as you find them at your comming , so as little as you may , seeke to alter their estate , ( unlesse you see some cause : ) let it not appeare , you use any man , with singular affection , above the rest ; and yet you may use ( indeed ) as you see cause , men either for wisdome , credit with respect of others envyes , not them whom you shall make choice of . jn your consultations give every man leave to speake and beare with their lackes , so that you make choice of the best ; do what you can , to make every one live according to his own estate : the gentlemen to live of their owne without reproach , and if you see any young gentlemen towards wasting , conferr with his friends , for the stay thereof : especially , if his be of any continuance : likewise see , that poore men have their right , not for importunitie of clamour , but for pitie and truth . touching the lawyers of the countrie , esteeme them of learning , see they lack not too much honestie , but in no wise seeme to favour these demy-lawyers , except you see perfection of honestie , for in all countries they have least kill , and do most harme . do what you can , to make the gentlemen accord amongst themselves ; and to extinguish old factions , either by some devise of marrying , or by redemption of titles of lands , or such like incumbrances , which commonly be the seeds of discord . for termination of poore mens suites , remit them , ( as much as you may ) to indifferent arbitrators to end : do not intermeddle therewith your selfe : for so shall your labour be bottomelesse . whilst you be in that countrie , ( if you take anie servants ) let them be gentlemens sonnes , and if you may their heires , that by their education with you , they may know you and yours . set up artillerie , and neglect not the game of wrastling , let there be frequent games , as shooting , running on horse and foote , and wrestling : in my countrie have been used all waies for such purposes , and in this behalfe i meane , not to have you induce new devices in that country , if they have other of their owne . but some might aske me this , is this the true use of holy daies forsooth ? touching that part of the day , where the civill magistrate hath power , i thinke it not much amisse , but for the time the ecclesiasticall minister doth appoint to pray , and teach a sermon , i thinke it not meet , to be put to this use . but therein i will not much dispute , for it belongeth to divinitie , whereunto your commission extendeth not ; for hereof the bishops and others , have their charge . surelie my lord , it would be time now to leave my scribling least i shall be like the s ingers , which are dainetie to begin , & know not when to leave : i thinke your lordship shall be weary of reading , wherefore j will leave with a few lines , like to my beginning your doings here have deserved praise , see you continue your distance : so farre of your acception here j meane , as j know . you were wont , and have professed unto me that is to serve uprightly and truly , and to do therein as you can , and then may you be bold of praise : and if you misse of that , yet , of no dishonour : for nothing indeed is honourable , but well doing ; the weale of your countrie ( j meane the quietnesse of such , as you have authoritie to governe ) is your marke , shoote thereat : guiding your purpose with the feare of god , and so shall you gaine the love of god , and man . jf you do some time ( as you see cause ) advertise the queenes majestie of the good estate of that countrie , and of the gentlemen there , ( so it be by short letters ) referring ( if you have anie long declaration of things to your letters ) to the privy counsell : if any thing be to be misliked or tedious to be advertised , procure others also to write thereof , and in no wise write thereof alone : for you know fortunate things are wellcome from anie man but how the contrary may come from you , you may doubt . jt is full time for me to end my follie , and your lordship to end your labour , beseeching you , to make my will in satisfieing your request , answer the other lacke fault : and that j may be humbly remembred to my ladie , to whom j acknowledge much dutie , and am ashamed of my small deserving of her great goodnesse to me wards . from my poore house at wimbelton , will . cecill . finis . to the most honourable and high court of parliament the humble petition of the gentlemen, and other of the inhabitants of the county of cornwall. humble petition of the gentlemen, and other of the inhabitants of the county of cornwall i. b. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ] .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing b thomason .f. [ ] thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ] or : f [ ]) to the most honourable and high court of parliament the humble petition of the gentlemen, and other of the inhabitants of the county of cornwall. humble petition of the gentlemen, and other of the inhabitants of the county of cornwall i. b. sheet ([ ] p.) published by i.b. gent., [london] : [ ] place of publication from wing. reproductions of the originals in the british library. eng england and wales. -- parliament -- early works to . church of england -- bishops -- early works to . great britain -- history -- civil war, - -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ] .f. [ ]). civilwar no to the most honourable and high court of parliament: the humble petition of the gentlemen, and other of the inhabitants of the county of co i. b. a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion to the most honovrable and high court of parliament . the humble petition of the gentlemen , and other of the inhabitants of the county of cornwall . having seene and heard the many ( though scarce divers ) petitions to this honourable assembly by the inhabitants of divers , counties and cities of this land , as also corporations , companies , and trades , some against bishops , some against the common prayer , and all against such judiciall , and things super-elementary to the region of their capacity of judging , and matters only belonging to the judicature of this grave synod , which seemes either to distrust , or direct , or both , your great wisedomes ; we therefore the gentlemen and other the inhabitants of cornwall , with as many hearts , though not hands , with as many good wils , though not persons , not in imitation , but rather by provocation and necessity , in these times , to shew our good minded affections , doe humbly prostrate the utmost of our service to your feet . in which ( or rather after which ) we take leave humbly to beg , that you will be pleased to bend your auxiliary and good affections to the redresse of the distresse of the miserable protestants in ireland . to gaine whose good , prosperity , peace , and tranquility , to preserve the soveraignty of that land to our royall king , and to maintaine his and this kingdomes honour , we shall willingly lay downe our lives and fortunes . that you will be pleased to continue your great respect , dutifull love , and true obedience , to our royall soveraigne , by maintaining his just , and no way antilegall prerogative . that you will be pleased to put the lawes in due execution against all iesuites , seminaries , papists and recusants . that you will be pleased to looke upon the other side , and duely weighing the actions ( or rather factions ) of some , ( whom most men call citizens ) to scourge their irregular and disorderly schisme and hereticall sects , into right paths of serving god , to frequent his house , and to pray as well as heare , to allow order , and obey conformity , to reverence learning , and bow to authority , to be under a discipline , and live in order . that you will be pleased to maintaine and establish the ancient fundamentall and most venerable lawes , order and discipline , both of our church and common-wealth , to continue the reverenc'd office , and punish the offending persons of bishops , to have in high account , and eternize ( as farre as in you lyes ) the divine and excellent forme of common-prayer , to correct brain-forg'd doctrine , by your exemplary precepts strike a reverence of gods house into every mans breast . that you will be pleased to intimate to the people your honourable and wise intentions concerning divine service , lest while you hold your peace , some rejecting it in part , others altogether , they vainly conceive you countenance them . lastly , ( not to trouble your great affaires any longer ) that you will be pleased to take into your sage consideration , those scandalous and ill-affected pamphlets , which flye abroad in such swarmes , as are able to cloud the pure ayre of truth , and present a darke ignorance to those who have not the two wings of iustice and knowledge to fly above them . now to polish this our worke with a smooth demonstration of our modest intents , that the tinctures which in introduction fell on the fore mentioned presents may slide without a staine from this ; we doe in all humility declare , that neither distrust of your intentions , nor opinion of any of our counsels worthy your eares ever tainted our thoughts , but that we have still been , and are confident , that this most wise synod hath ever thought fit , resolv'd , and will confirme into action , what we now humbly request , therefore this our present , not so much a petition , as a prayer of willing and thankfull hearts for the hop'd sequell , is onely to shew our true intentions and good will towards his gracious majestie , and this high court , as instruments of the peace of our soules and bodies , for which wee are unanimously , and immutably resolv'd to spend our dearest blood . published by i.b. gent. som sober inspections made into those ingredients that went to the composition of a late cordial, call'd a cordial for the cavaliers for the satisfaction of som, who mis-apprehended the author. howell, james, ?- . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing h estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) som sober inspections made into those ingredients that went to the composition of a late cordial, call'd a cordial for the cavaliers for the satisfaction of som, who mis-apprehended the author. howell, james, ?- . howell, james, ?- . cordial for the cavaliers. [ ], p. printed for henry brome ..., london : . a reply to sir roger l'estrange's a caveat to the cavaliers. includes (p. - ) the text of "a cordial for the cavaliers" signed: j.h. reproduction of original in huntington library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng l'estrange, roger, -- sir, - . -- caveat to the cavaliers. great britain -- politics and government -- - . - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - amanda watson sampled and proofread - amanda watson text and markup reviewed and edited - pfs batch review (qc) and xml conversion som sober inspections made into those ingredients that went to the composition of a late cordial , call'd a cordial for the cavaliers . for the satisfaction of som , who mis-apprehended the author . london : printed for henry brome , at the gun in ivy lane , . so● i 〈…〉 s m●de into those ingredients that went to the c 〈…〉 of a l●●e c 〈…〉 ll , call'd a cordial for the cavaliers . the author in the first place begi●● wi●h very re 〈…〉 l epi 〈…〉 〈◊〉 the ca●●lie●s , p 〈…〉 g them i● 〈◊〉 of the ●ig●e●t re 〈…〉 d that 〈…〉 e 〈◊〉 is capable of , which they m●y w●ll e●pect , for shewing themselfs , in such 〈…〉 e 〈◊〉 of 〈◊〉 , so good c 〈…〉 , so good s●●j●cts , ●nd so good 〈◊〉 , towards their c 〈…〉 , th●ir ki●g , ●nd their c 〈…〉 . then the author de 〈…〉 by d●g●ees to the other re 〈…〉 s , which they t●ey may cl●im 〈◊〉 due , from their king and c 〈…〉 y , 〈…〉 g ●●em , that their condition is far from being d 〈…〉 t , which words are equivalent , as if he h 〈…〉 said they might rest c●nfident , that they s 〈…〉 〈◊〉 r 〈…〉 s f●om the other t●● , therfo●e 〈◊〉 〈◊〉 〈◊〉 inti 〈…〉 n ●o his majesty , and the pa●lement , in order theru 〈…〉 , which hath produc'd no small effects since , for divers cavaliers , whose wants wer● apparant and pressing , have bin releev'd , i say , ther is an intimation that the service of the cavaliers being for the public good , 't is reason , ( all the reason in the world , ) they shold be satisf●ed o●● of the p●bl●c 〈◊〉 , ●he●of the commons in parlement are the dispensers , therfore it is in them , to furnish his majesty to that end , and 't is soly in the king to give public rewards , in allusion whereunto , his majesty ●ath bin pleas'd to say , th●t n●ne sh●●d 〈…〉 e the 〈◊〉 to re●●rd the cavali●rs but he ●imself . and 〈…〉 y , ●nder favour , never any ▪ so 〈…〉 in p●ince 〈◊〉 〈◊〉 and honorable ground to conse● 〈◊〉 , 〈◊〉 no story can shew that ever any stuck so stoutly to their prince and principl●● ●s the l●●e cavaliers did , or e●●● shew'd a clearer affecti●n , for they expo●'d their lifes and livelihoods for him , when , in the eye of ●uman● judgment , hi● case was desperat , the 〈…〉 bels ●aving all the imag●●●ble advantag●● that could ●e , for they had the ci●y , the sea , and the s●●t on their side , yet the cavaliers , transported by the fr●● 〈◊〉 of loyal ▪ hearts adher'd unto him s●ill , 〈◊〉 ●ith 〈…〉 nding the hug● disprop●●tion , a●d in t 〈…〉 y 〈◊〉 〈…〉 ngth ; ●●y ▪ though they knew ▪ he had no money to pay them , and truly ther 's no nation can parallel such a love ; the german will speak high words of his love to the keysar , the sp●niard , and french will cry out vivele roy , but not one of them will stir a f●ot for king or keysar , without money , for their pay , and hopes of som recompence besides ; which the spaniard ▪ useth ●o claim as his due by the name of ay●●l● de costas ; to this purpose ther is a notable passage that happen'd twixt p 〈…〉 the second and a t●ledo cap●ain , who being return'd from the wars of the netherlands , went to see the king , who was then at the escurial . it was the captains chance to meet him ( incognito ) as he was a hunting ther , being alone , and strayed from his servants , the king saluting the captain a●k'd him where he was going ? he said , that he was lately returned from flanders , with his wounds and sca●s about him to give d●n pbelippe 〈◊〉 account of his se●●ices , and to demand a reward of him ; the king ask'd , whether he had his sala●y payed him ? 〈◊〉 , quoth he , i must confess i ●●ve th●ugh i stayed somtimes long enough for i● , but i am come now for an ay●d● de costas , for som reward besides ; but , put case the king will not do it ▪ th● captain answer'd , voto a di●●●u●b●s● mi mula en el culo , if he will no● let him kis● my m●●e in the t●yl ; thereupon the king with a smile ask'd his name , who told him he was call'd captain rodrigo del rio ; the king said senior captain rodrigo i see you are a stout man , the counsel of war sits to morrow , where if you make your addresses , and bring with you a sufficient certificat of your services , i shall procure you admittance to the king and counsel , by giving your name to the door-keeper before hand ; the next day the captain being let in , and seeing the king with all the counsel bare about him , the king told him , well captain , do you remember what you said yesterday , and what the king shold do to your mule , if he gave you no reward extraordinary ? the captain being nothing at all daunted , said , truly sir , my mule is ready at the court-gate , if ther be occasion . the king liking the stoutness of the man commanded . crowns to be given him , and . rialls for an annual pension during life : the condition of the english cavaliers is much more considerable , for the spanish captain had all his arreares pay'd him , which our cavaliers have not ; now , ther is no a●tizan or labourer whatsoever that deserves his hire , more then the soldier , who besides his hard duties and toyle , ventures both life and lim for his wages . then comes the author of the cordiall in an humble way , to speak of his majesties condition at present , how lightly the coffers of the crown are yet ballasted , what vast summes have bin taken out of them to discharge such indispensable arrears , and how unable he is to do what he so heartily intends , with what convenient speed he may ; then he gives a touch at some roundheads that were rais'd , who , computed with the civaliers , are not one for twenty , which , under favor , holds tru , take all professions together ; for go to the church ther are twenty five bishops for one ; go to deans , canons , prebends , ther is forty to one ; go to the parochial ministers , wherof ther be above . in the land , ther is above fifty to one ; go to the universities , how many heads of houses , and fellows of colledges have bin thrust out , and cavaliers put in their rooms ? go to the city , scarce any roundhead hath receav'd favor . the lieutenant of the tower and six commissioners of the custom house , with divers other officers , all cavaliers ; go to the twelve judges ther are ten to two ; go to the sargeants , with other officers at law , go to the army and life-guard ; go to the court above and below stairs , the odds more then twenty to one holds for the cavalier : t is tru , fom few are crept in into offices , but 't is for their mon y , whereof i beleeve the king hath no knowledg ( and 't is only god almighty is omniscious . ) touching those lords of the privy-counsel , i take leave to say , that we stood without the curtain and could not see what was contriv'd within , for his majesties coming over , where the consultation of the said privy counsellors with other choice lords and persons ( that were the kings confidents to that end ) did very much avail to bring the business about ; though indeed , as the case then stood , it may be said that no humane wit or power , but it was pure omnipoten ce which did the work : but let it not offend any to remember , that divers great kings have bin enforc'd to raise and reward those that were once their very enemies for a time ; the kings of france , at the pacification of nants , and the treaty of loudun , were , by article , to confer honors , in lieu of punishments , upon divers who in open field fought against them ; and the last king was to remove his bosomest counsellor from him , as sillery , and others ; that hee shold approve of all actions pass'd as done for his service , &c. and all this by public edict , which was verified by parlement . in such a posture , it seems , were things in our edward the seconds time , when dining in westminster-hall upon a great festival , ther came a minstrell-woman on horse-back to shew som sports , and going about the table she left a paper behind , as stow hath it in his survey of london page . as also daniel in his history of edward the second , which paper was as followeth , our soverain lord the king hath nothing courteously respected his knights that , in his fathers time , and also in his own , have put forth their persons to divers perils , and have utterly lost or greatly diminish'd their substances , to the honor of the said king , and he hath enrich'd abundantly such as have not born the weight , as yet , of the businesse . the author of the cordial proceeds then to his majesties great clemency , wherat som seem to except ; 't is tru in som cases , that he who spares the guilty wrongs the innocent ; and 't is as tru , that th innocence of a cavalier is to be prefer'd before the repentance of a roundhead ; but the world knows what rules of mercy his father ( of ever blessed memory ) prescribes him in his sacred legacies ; moreover , ther 's a world of examples how , after a civil war , such acts of indemnity , such amnestia's and general pardons were granted of necessity , for if the law were permitted to pass in such cases , the king might hang up half his subjects ; yet , it cannot be denyed , but that it is a very sad case , that one shold have my horses in his stables , my hangings and housh old-stuff in his house my oxen in his plough , my books in his study , my jewels upon his wifes fingers , which he had rob'd me of , with other things , and that i shold not have the benefit of the law to recover them ; yet , touching that , let it be also consider'd how many hundred cavaliers have bin restor'd since to their real estates , and offices , which , though it cannot be call'd properly a reward , yet it is a cleer benefit we receav'd by the kings coming , which benefit we were in despair of but twenty moneths since . then the author goes on with som encouragements , not as if he went about to read a lecture of patience , it being not only an unseasonable thing , but a peece of impertinency , to preach patience to those who are upon point of sinking or starving ; as , god wot , too many of the royalists are ; only he gives a hint , that they shold stil keep up their spirits , ther being no doubt but that his majesty being so so●sible of their condition , and the parlement being made up of so many worthy and discerning gentlemen , they will put him in a capacity to take them into due and speedy consideration , as it is well hoped they will do upon their re-accesse , which purpose that cordial may do more good then they are aware . to conclude , he who with a sober and wellbiass'd judgment will examine that cordial , will find , that ther is never a line , word , or syllable therin , but breaths out the spirit of a perfect cavalier , as above twenty other several peeces of the same author publish'd upon emergent occasions , do breath besides , ther is no fretful drug , or the least corrosive dram in it , but all gentle lenitifs , therfore he wonders how it should stir up such malignant humors in any , unless it were in them , who having somthing lying upon the stomack , made wrong use of that cordial to cast it up . in fine , the author of that cordial is very confident , that ther will be such a noble consideration had of the cavaliers , that they shall have cause to say to his majesty , as the grave of fustemburg said to charles the fift after the wars of saxony , who having don notable exploits in that war , and the emperour acknowledging it , sir , said he , if ther be occasion again , i will feed upon one arm , and fight with the other , to do your majesty service . for the fuller infomatrion of the reader , the cordial it self followes . a cordial for the cavaliers . worthy , and deserving gentlemen , in the affairs and traverses of this life , it is a tru rule ( and 't is a comfortable one ) . that he who dischargeth a good conscience , of his own , wherewith to reward himself , though he receive no compensation from any where else : the world knows , and envy it self doth acknowledg , that in the late confusions ( which were of that length that might have shaken the firmest spirits in their loyalty ) you have discharg'd a good conscience three ways , towards your creator , towards your country , and towards your king ; your religion bound you to the one , nature to the other , and your alleageance to the third ; and although many of you have not yet receiv'd what you expected for the two last , yet touching the first ( wherunto the other conduce ) you are sure to have such a reward one day , that will not onely be above all merit , but beyond all imagination , in the kingdom of eternity . adde hereunto , that i hold your condition to be far from being desperat , but that you may receive rewards , at least som consideration from the other two , viz from your king and country ; for the present parlement , which represents your whole country , being compos'd of so many wise , and well-weighed gentlemen ( wherof divers hath bin co sufferers with you ) will , as it is well hoped , out of a sense therof , have such reflections upon your sufferings and services , both active and passive , that they will enable his majesty , whom the law stiles , the fountain of honor and bounty , and wherof indeed no other power shold partake with him , i say it may well be hoped , that this parlement , before their recess , will put his majesty in a capacity , and humbly advise him , if not to reward you , yet to relieve your present wants in such a measure , that the steed may not starve , while the grass grows . you know well that the king hath bin among us but a little more then the compass of one year , and his grandfather henry the great of france , was above years ( which is an age in our law ) before he could requite those , who stuck to him not much above months , in making him master of the elowerdeluces ; you know the vast debts his majesty hath pay'd both by sea and land , which yet were not his own , nor his kingdoms , but of that accursed usurping commonwealth , which exhausted more of the publick treasure , then all the kings of this land , since gold and silver was first coind in its you know he is so shortned , that he hath not yet provided bread for all of his own house ; he is in such a condition , that he cannot give his royal aunt that treatment which might be expected ; he hath not wherwith to go his progress : consider what vast expences his fleets at sea , his life-guard , with other garrisons do stand him in , as also what debts he drew upon himself so many years beyond the seas , for his necessary subsistence , &c. novv , vvhereas som object he hath revvarded roundheads , truly i believe if a catalogue vvere made of those upon vvhom he hath confer'd honor or office since his return , ther vvill be found above tvventy cavaliers for one of any other upon vvhom he hath set any marks of favour . 't is tru , albeit he came not in by the presbyterian , yet he could not have come in without him so peaceably , though som alledg that vvhat the presbyterian did , vvas not as much out of a love to the king , as out of a hatred he bore to the independent , vvho may be said to have us'd the presbyterian a● the fox useth to deal vvith the badger , vvho having found out his chamber in the earth , 〈◊〉 ●o betrayeth it , that the badger comes thither no more , and so the fox makes himself master of the hole . wheras som except against his majesties lenity , and indulgence , let them know that mercy is the inseparable inmate of a magnanimous brest , and that the noblest way of revenge is to forget , and scorn injuries ; i have read in story , that one thing which made lewis the twelf of france most famous was a speech which drop'd from him , when being advis'd by som of his counsell to punish such and such as were profess'd enemies unto him while he was duke of orleans , he answer'd , that the king of france doth not use to revenge the injuries of the duke of orleans ; no more ( with most humble submission be it spoken ) doth king charles rese●t much the wrongs that were done to charles stuart . therfore , noble cavaliers , possess your souls with patience , we have a most gracious king who is in the meridian of his years , and will live to reward all in time . in the confus'd medley of mundane affairs , the proverb often is verified , some have the happ , but some stick still in the gapp , som have the fortune of preferment , som not , and 't will be so to the worlds end . the author hereof though during the many yeers that he was in prison for his loyalty , had three sworn over his head in an office of credit that he shold have had de jure , yet it nothing discomposeth him , being more then in h●pe of a compensation som other way . and as we have a gracious , so have we a glorious king , the most glorious that ever wore these three crowns , for all the eyes of christendom are fix'd upon him with a kind of astonishment and admiration , and not only of christendom , but of all the world besides , for 't is written that the great t●●k shold say , if he were to change his religion , he wold fall to worship the god of king charles of england , who hath do●● such miracles for him , such miracles that no story can parallel : and certainly , god almighty must needs love him for whom he doth miracles : which that his divine majesty may continue to do , are the incessant prayers of iul●● ● . j. h. finis . die mercurii, martii, . resolved by the commons assembled in parliament, that sir iohn stowell knight be proceeded against for life in the upper bench. ... england and wales. parliament. house of commons. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) die mercurii, martii, . resolved by the commons assembled in parliament, that sir iohn stowell knight be proceeded against for life in the upper bench. ... england and wales. parliament. house of commons. sheet ([ ] p.) printed by r. cotes, london : . title from caption and opening lines of text. order to print dated: die mercurii . martii, . signed: hen. scobell cler. parliament. reproductions of the originals in the huntington library (early english books) and the british library (thomason tracts). eng taxation -- great britain -- early works to . great britain -- history -- commonwealth and protectorate, - -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no die mercurii, martii, . resolved by the commons assembled in parliament, that sir iohn stowell knight be proceeded against for life i england and wales. parliament. a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion die mercurii , martii , . resolved by the commons assembled in parliament , that sir iohn stowell knight be proceeded against for life in the upper bench . resolved , &c. that david ienkin be proceeded against for a tryall for life ; and that the judges in that circuit in wales , be required to proceed to an indictment against him , in the proper county in the next assizes . resolved , &c. that charles stuart eldest son to the late king , iames stuart second son of the late king , the duke of buckingham , iohn earl of bristoll , william earl of newcastle , sir william widdrington , george lord digby ; sir philip musgrave , sir narmaduke langdale , sir richard greenvile , sir francis doddington , sir iohn culpeper , sir iohn byron , the earl of worcester , and sir iohn winter ; and all such persons as have been acting in the plotting , designing or assisting the rebellion in ireland , shall be proscribed and banished as enemies and traitors to the common-wealth , and shall dye without mercy , where ever they shall be found within the limits of this nation , and their estates shall be confiscate and forthwith imployed for the use of the common-wealth . resolved , &c. that sir iohn winter shall have convenient time to depart into any forraign parts . die sabbathi , martii , . resolved , &c. that colonell mathew boynton , late governor of scarborough , sir iohn morley , and collonell leveson late governor of dudly castle shall bee proscribed and banished as enemies and traitors to the common-wealth , &c. resolved , &c. that all other delinquents , members of this common-wealth , ( not comprehended in the former exceptions ) shall be admitted to compound , ( except papists in arms , for whose compositions rules are not yet agreed upon . ) resolved , &c. that the time for the coming in of all delinquents within the land , whose habitations are within miles of london , and for the filing of their petitions and particulars shall be before the twentyeth day of aprill next ; and for all others residing at a further distance before the third day of may . resolved , &c. that the times for perfecting the compositions of such delinquents , that is to say , for submitting to their fines , and paying one moiety , and securing the remainder at three months day ; shall be six weeks from the respective dayes before limited for filing their petitions and particulars . resolved , &c , that the time for the coming in of delinquents not excepted , and now beyond seas , and out of this land , shall be the first of iune next , for the filing of their petitions and particulars , and six weeks after for the perfecting of their compositions , as is before exprest . resolved , &c. that the rents and profits of all sequestred estates , ( except the persons before excepted ) growing due at our lady day next shall be stayed and detained in the tennants hands , untill the first day of iune next . resolved &c. that the estates of all such persons who shall neglect to render themselves , and submit to their compositions at the respective times before limitted shall be confiscate and converted to the use of the common-wealth , and no further allowance shall be thenceforth made out of the same to the wife or children of any such delinquent . resolved , &c. that delinquents who were formerly excepted from pardon by their particular names or titles , who have not been formerly but now are admitted to composition , except such as have already compounded ) shall pay one full moiety of the true value of their estates . die mercurii , . martii , . resolved , &c. that all such delinquents as have bin members of either house of parliament , and all judges , officers towards the law , common or civill , & all serjeants , counsellors , and attourneys , doctors , advocates , proctors of the law , common or civill , and all bishops , clergy men , masters , and fellows of any colledge or hall , in either of the universities or elsewhere , and all masters of schools or hospitalls , and also humphry bennet , esq sir edward foord , sir george vaughan , and all other the persons named in the fourth qualification of the propositions sent to hampton court , to pay one third ( except such of the said persons as were included in any articles whereof they have the benefit shall pay one full third part of the true value of their estates . resolved , &c. that all other persons delinquents ( not included in any the former qualifications ) shall pay one full sixth part of the true value of their estates . resolved , &c. that if any person not yet sequestred who conceives or doubts himself to be lyable to sequestration for any thing said or done in relation to the war , and was not publiquely and personally engaged in the latter war , shall come in and discover his case to the commissioners for compositions before the first day of iuly , . ( being not before such discovery , judicially impeached and discovered for the same by any other ) then such person ( if his case so discovered shall be adjudged liable to sequestration ) shall be admitted to compound , and discharged of his delinquency , paying one years value for land , and a twentieth part for his personall estate . but in case any such delinquent be first judicially impeached and discovered by another , or shall not be discovered by himself before the said first day of iuly , . then he shall not be admitted to compound at any lower rate then is appointed for the qualification under which he falls . resol. &c. that no promissary oath shall be imposed upon compounders as a condition without which they may not compound . resolved , &c. that all persons who have formerly compounded and have concealed or under valued any part of their estates , and shall themselves discover it before the first day of iune next , shall be admitted to compound for the same , at the same rate for which they did compound for the other part of their estates . but if any such concealment or under value shall be hereafter discovered by any other person , before the delinquent himself discover the same , and shall not be compounded for ( within the times herein before limitted ) according to the rates heretofore imposed by order of parliament upon such discoveries , that then such estate which is concealed , or so much as appears to be above the value compounded for , shall be forfeit to the common-wealth . resolved &c. that all such persons as have been engaged in the latter warre , and not in any former engagement against the parliament , shall pay one sixth part of the true value of their estates ( except such as are included in any particular qualification before mentioned , who are to pay according to the severall rates in those qualifications . ) resolved &c. that all such persons as have been engaged in the latter war against the parliament , and have formerly compounded , and have not paid their whole fines , shall make good the remainder of their fines according to their agreement . resolved &c. that all such persons as have been engaged in the latter warre against the parliament , and have formerly compounded , shall pay one full sixth part of their estates over and above their former fines . resolved &c. that all such delinquents as shall perfect their compositions by the respective dayes herein before limitted , whose sequestrations have continued upon their estates to this day , shall be exempted from paying any fifth and twentieth part . die mercurii . martii , . ordered by the commons assembled in parliament , that the resolutions of the house touching delinquents and their compositions , be forthwith printed and published . hen. scobell cler. parliament . london , printed by r. cotes . . to his excellency the lord general monck. the humble address of the members of parliament (in behalf of the people) interrupted and forceably secluded by cromwell and his confederates, . proceedings. - - . england and wales. parliament. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing t b). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing t b estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) to his excellency the lord general monck. the humble address of the members of parliament (in behalf of the people) interrupted and forceably secluded by cromwell and his confederates, . proceedings. - - . england and wales. parliament. albemarle, george monck, duke of, - . sheet ([ ] p.) printed for t.p., london : [ ] dated at end: february . . [i.e. ]. reproduction of the original in the harvard university library. eng cromwell, oliver, - -- early works to . great britain -- history -- puritan revolution, - -- early works to . great britain -- politics and government -- - -- early works to . a r (wing t b). civilwar no to his excellency the lord general monck· the humble address of the members of parliament (in behalf of the people) interrupted and forceabl england and wales. parliament a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - spi global rekeyed and resubmitted - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion to his excellency the lord general monck . the humble address of the members of parliament ( in behalf of the people ) interrupted and forceably secluded by cromwell and his confederates , . my lord , we hope it is not unknown unto your excellency , neither unto these nations for whom we served as members in that parliament interupted by oliver cromwell , and his confederates in the year . that it was by them forceably done , that we might not in a parliamentary way discharge our consciences and trust reposed in us by the people , whereby the nations would through the blessings of god have been setled . and upon those concessions from his majesty at the isle of whites treaty , which we found to be a sufficient ground , we did resolve , after some further treaty , to conclude a peace , and thereby prevent the efusion of more christian blood , secure the people from further calamities , and preserve their rights and freedome intire from any insolent or arbitrary powers whatsoever : but being hitherto by violence kept out , and sometimes imprisoned , we cannot possibly act : therefore we desire your excellency to remove that force which thus obstructs the peoples rights and our freedome in parliament , by which you will certainly open a door to the future safety and tranquility of these kingdomes , and we can further assure your lordship , that in this the people will rest satisfied , otherwise we can never expect a lasting peace ; for when they are limited and tyed to such qualifications , as we understand are intended in their elections , it signifies the same with what they already have , and do now so grievously complain and petition against ; from hence we have seriously considered the evils and great troubles growing upon us , and unless we can prevail with your excellency-unto whom we make this our humble address in their behalf , that we may be admitted according to those addresses of the gentry of devon , and other parts , the nation is unavoidably in a lost condition , as a short time will discover : all which we leave to your lordships consideration , and as we expect this liberty from you , we are resolved to lessen the present burthens of the people , by taking off all taxes , excise , oppressions and grievances whatsoever . february . . london , printed for t.p. the generall junto or the councell of union, chosen equally out of england, scotland, and ireland, for the better compacting of three nations into one monarchy, &c. parker, henry, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing p thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) the generall junto or the councell of union, chosen equally out of england, scotland, and ireland, for the better compacting of three nations into one monarchy, &c. parker, henry, - . [ ], p. [s.n.], london : printed, anno dom. . anonymous. by henry parker. annotations on thomason copy: [on recto of fly leaf]: "nb. the generall junto by hen parker esq. a declaration concerning ye generall accompts of ye kingdome [illegible] the nature & necessitie of them stated [illegible, folowed by a flourish]"; "the generall junto but fifty of them printed at the charge of sr john danvers & never to be sold but given to particular friends"; "n: of [crossed out] fb". reproduction of the original in the british library. eng great britain -- history -- civil war, - -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no the generall junto, or the councell of union, chosen equally out of england, scotland, and ireland, for the better compacting of three natio parker, henry a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - jonathan blaney sampled and proofread - jonathan blaney text and markup reviewed and edited - pfs batch review (qc) and xml conversion the generall junto , or the covncell of union , chosen equally out of england , scotland and ireland , for the better compacting of three nations into one monarchy , &c. — trojugenis paries quid amantibus obstas ? quantum erat , ut sineres toto nos corpore jungi ? printed , anno dom. . sir , in a person of so great worth as your self , vertue and goodnesse must needs be not onely diffusive , but attractive also , and that farre more then in inferiour men . the boldnesse therefore assumed by me at this time , in tendring to your view and judgement this poor essay ( a weak endeavour of service to our countrey ( of which you are so true a lover ) will appear ( i hope ) the more excusable : for as those parts which deserve admiration in you , cannot but command offices of hommage and gratitude from all good men ; so those parts which render you humble , and gentle , and willing to pardon other mens mistakes , will induce you to interpret well that hommage and gratitude . sir , i have a very low conceit of this constitution , as it is now by me fashioned ; but i have a strong imagination , that it might prove publiquely advantagious , if it were by wise and considering men better formed and compleated . i have therefore purposely left a large margent to my short discourse , that a better pen , and direction might change and supply my failing invention , and take the same liberty to expunge the vanities of my tedious expressions . if there be any thing here tha may but administer the least occasion or hint to your worth to be a more beneficiall patriot , i shall think it a happy service ; if not , yet let not my fruitlesse wishes want your excuse ; and you shall oblige me to be sir , yours most humbly devoted in all service and observance to my utmost power , h. parker . the generall junto , or the councell of union , &c. to perswade to vnion , and commend now the benefit of it to england , scotland , and ireland , would ( i think ) be unnecessary : it will be sufficient to make an overture , how a further , and more intimate vnion may be maintained amongst us . divide , & impera , is fit advertisement for a nero to take , which aims onely at the dissipation and perdition of his subjects ; and for a machiavel to give , which aims onely at the pleasing of such masters as nero was : good princes , from honest counsellors , have ever received contrary advice ; and indeed it were impossible , that the very essence of god should be love , peace , and vnity , if there were any good to be expected from dissention ; or that it should be sathans proper title to be a spoyler , a murtherer , and a scatterer from the beginning , if amity and concord could be dangerous . it is true , vnity in large and spreading dominions , is not altogether so easie to be preserved , as in states of narrower bounds ; nor is government so feasible over severall nations , in severall continents divided , and by severall laws , and customes eloigned , as over one countrey close scituated and compacted . and yet 't is frequently seen , that art and industry in prudent princes , overcome naturall hinderances and obstructions , and many times by politique nerves and ligaments happily knits and conjoyns men together , whom nature hath placed farre asunder . the poet having in contemplation before him a fair pile of building curiously cemented , gives these words to his admiration ; si lapis est unus ; dic quâ fuit arte levatus ? si duo , vel plures ; dic ubi congeries ? the juncture of many stones in a building may be scarce perceivable ; and where it is not altogether so exquisite , yet ( if art be not too much wanting ) they may prove as firm , as fit for duration , and do as faithfull offices to the whole fabrick , as if they were all one solid rock or quarry . and after the same manner in politicall bodies , an artificiall coalition or coagmentation sometimes proves as vigorous , as that which is more naturall , if it be wisely constituted , and orderly disposed . howsoever , as no kindely means of union amongst nations ought to be neglected , so no violent means ought to be used , for both extremes may prove equally pernicious and destructive to the ends which we propose . philip in the netherlands was too rigorous a prosecutor of vnion ; for whilst he would confide in no vnion betwixt the dutch and spanish , but such as should wholly change the one nation , and covert it ( as it were ) to all purposes , into the other , he wholly rent both of them asunder , and temerated that tie , which otherwise in time by gentle means might have grown sufficiently valid . and in my opinion , we in england , scotland , ireland have of late , in our endeavors of vnion , and consociation , been as much too remisse , as philip was too intense , and have neglected to prepare such further barres , and hoops as might have bound us yet more neer together . to make this appear , is the intent of this discourse at this time ; wherein , for methods sake , i shall confine my self to these three points : in the first place , i shall endeavour to unfold what the nature of vnion is . in the next place , i shall set forth that vnion which is already setled betwixt england , scotland , and ireland , and wherein it is yet imperfect . in the last place , i shall give some demonstration of a new ordinance , whereby vnion may be further improved , and perfected in all his maiesties severall dominions . politicall vnion is observable for its severall kindes , orders , and degrees . one vnion is more externall , and another more internall in kinde ; but that which is internall , and seated ( as it were ) in the hearts of nations , and is held together by the bonds of true amity , is farre to be valued before that which is externall only , and consists in meer politicall acts , and pacts , be they never so many or strong . thus the scots have formerly affected the french , and the irish the spaniards , by i know not what kinde of natural sympathy ; and had not many other strange obligations crossed the same , their hearts could hardly ever have been tempered for vnity with the english . it is therefore truely noted , that vires imperii in consensu sunt obedientium , & omnis potestas fundata est in voluntate : and sayes another , errat longè qui credit imperium stabilius aut firmius esse , quod vi adjungitur , quàm quod facilitate & clementia . the romanes being to grant peace to a neighbour nation lately subdued , asked first upon that peace granted , what fidelity they should expect from the petitioners : it was answered , that if the conditions of peace were granted with clemency , they could not but be entertained with sincerity ; but if the terms of the conquerours were rigorous , the engagements of the conquered could not but be the lesse faithfull . and this stout answer in suitors did not disrelish their more stout victors . had portugall joyned hearts with spain , as it did hands ( as doubtlesse it had , if love or charity , and not too much violence had made the contract ) this late divorce had not so soon happened ; for it were very behoovefull for both those nations , if they could agree to yoke sweetly together , and their mutuall conflicting against each other may probably draw on the ruine of both . dum singuli pugnant , omnes vincuntur . two nations seated together in one competent proportionable continent , are like two merchants trading at sea in one bottome , being both equally owners of the same ; an unfriendly partition makes each moity unserviceable , but a wise partnership doth not onely preserve , but enrich both . i wish therefore the government may be ever sweetned amongst us in england , scotland , and ireland , by justice , and equality ; for what attracts love amongst nations , we all know ; and how far the attraction is generalrally helpfull , we all know ; and how farre nations naturally desire that help , we all know . smaller dominions are lesse subject to intestine distempers and miscarriages in government , but are more obnoxious to forraigne violence of invaders ; and therefore if equall conditions might be equally rendered , it were unnaturall for nations not to affect vnion . the canton towns in helvetia , though of severall professions in religion , and aristocratically governed , yet adhere lovingly in one symmetricall body together , and this is by the sweetnesse of equity ; for certainly the ligaments of one and the same religion under rule monarchicall , were much more available to facilitate and corroborate vnion . the orders of vnion are next observable ; for the foot is united to the head as well as the heart , but not after so honourable a manner ; the heart obtains priority and superiority above the foot , notwithstanding the force of vnion : now this order is to hold onely in one and the same body particularly considered , but not in such principall integrall parts as may be considered in severall bodies for some purposes . where severall kingdoms are united , one must not be the head , the other the foot ; integrall parts may have such order in themselves , but not among themselves ; for all must equally partake both of superiority and inferiority : some in each nation may enjoy command , and undergo burthen ; and 't is not necessary that this nation be assigned wholly to command , and that to burthen ; for order may be sufficiently preserved by inequality in each nation , without inequality of any one nation over the other . rome in this was not more noble then wise , for as she did admit all nations to an equality of priviledges , and franchises with her self , so by the same admission she did extend her bounds into all nations , she merited to be called terrarum dea , because she would truely be communis patria , and mundi compendium . haec est in gremium quae victos sola recepit , humanumque genus communi nomine fovit . matris , non dominae ritu . the number of the senators wanting a recrew in the raigne of claudius , some dispute was thereupon between the french , and the italians ; the french sought to have their nation honoured with an equality of election to that degree ; the italians held it derogatory that other nations should participate therein : but caesar , like a true romane in that , gave his decision in favour of the french , alleadging for his reason , that his ancestors had enlarged the empire by this courteous association of strangers ; and that the lacedaemonians by their rigid inhospitality , and disdain of others , had frustrated their own victories , and withstood their growing fortunes . that miserable schism and revolt of the ten tribes from the line of david , was occasioned by an unequall distribution of favour and indulgence ; and ( oh ) how great a wound did the true worship of god receive in the bloody pursuance of that unnaturall quarrell ? judah claims to be neerer in blood to the king , then israel ; israel being so injured , claims to have ten parts in the king by a more considerable interest , then that of blood : and how cursed a thing was it , that such fond claims should one moment of time rest undecided ? i cannot here but assume the kings person , and thus expostulate with both contesting parties . you men of judah , i am bound to love and honour you by the ties of more immediate consanguinity ; but in civill negotiations by the laws of soveraignty , which exceeds naturall affections , i am as firmly obliged , and as neerly allyed to israel as to you . you are to me both as one and the same body , and to be organized by a vertue and residence in every part , as well as in the whole totall . you men of israel , you are the greater and more considerable proportion of my subjects ; and if i must needs be dilacerated , and suffer a dissection by your absurd contention , you are to receive the greater share of me . but to what purpose is such violence , or what justice can be in it ? for the right of judah to me , is the same in nature as yours , and wholly incorporated with yours , that it can suffer no just partition ; and if it could , your advantage thereby would be none at all . royalty is as the sun , and sends forth beams indivisible , and sufficient for all ; and if all were blinde as one man , that one man should enjoy no more light then he did before , when all did partake in his happinesse . you men of judah and israel , let the peace of the naturall members compose this your groundlesse dispute , the left hand quarrels not with the right for precedence , they both receive from the head in equall measure , and remain officiously tributary to the head in equall manner . when i put on magistracy , i did withall put off affinity in matters of justice . tros , rutilusve fieret nullo discrimine habebam . as i shall expect from you nothing but equall service and loyalty , so do you expect from me nothing but equall love and protection . had israel and judah been thus treated , when the coles of emulation were first blown by malignant mutiners , so great a flame had not risen therefrom : for partiality is the fewell of discontent ; and where that is taken away , the beame of justice keeps all in peace and awe . justa pari premitur veluti cum pondere libra : prona nec hâc plus parte sedet , nec surgit ab illâ . neverthelesse , though it were commendable in cleo , at his first arrivall unto publique rule , to call his friends together , and discard them as to all publique affairs ; so this condemns not themistocles , if in domesticall , or meer naturall offices , he gratifie his former friends before others . but this is obvious , and i come now to the degrees of vnion . as that vnion which is betwixt brothers , is of more vigour then that between servants , because it is more internall , and that betwixt servants of the same rank and condition , then where great distances and disparities are , because it is more equall ; so that vnion is most sure and inviolable , and most intense in degree , where both these atrributes ( internall , and equall ) do most eminently meet and concenter : where the most zealous affection of the heart naturally , and the most exact equality of interests politically doth cement and close people together , there vnion is in it 's most excellent strength and perfection ; then it is more properly stiled vnity it self . this is that vnion , which i shall pray to see established betwixt england , scotland , and ireland ; then which , there can be none more intimate in kinde , more equall in order , more perfect in degree . . in the next place therefore , having this for our aime , we must consider what advantages these three nations have already , conducing to such vnion , and what the hinderances are , which seem most to indispose us , and make us averse from the same . those things which are of favourable aspect , and more propitious to the uniting of england and scotland are , first , that both nations are ruled by one head , and owe allegiance to the same master ; and even this hath a strong unitive power in it , and such as works internally , as well as externally ; for we see the english and netherlanders are many wayes engaged in the same interests , and have had many interchangeable obligations and endearments ( as things are now ballanced in europe ) and yet by reason of their dependance upon severall potentates , there cannot be setled betwixt them that certain correspondence and confidence , as might be , if one scepter commanded both . and we see the vnion of england , and scotland under one prince , hath planted new affections in both nations , as hath been attestated by many noble offices of friendship , needlesse now to be repeated . secondly , there is the same profession of religion in both kingdoms ; and this of all bonds ought to be the most indissoluble , for it is something more then meerly physicall , or ethicall . thirdly , the same name of britain is common to both , the same language spoken by both ; and this , together with their great similitude in complexions , and dispositions , testifieth the same antient extraction , and kindred . fourthly , the same sea surrounds both , immuring them from all the world besides , and by consequence , the same ends ought to steer both , since no other nations can be more helpfull by vnion , or pernicious by dis-union : and since both joyned together make up but one , and that no very considerable large monarchy . fifthly , the same laws of god and nature are reverenced and known by both ; and if their laws of monarchy , municipall customes , and statutes be not the very same , they are very little disagreeing ; that variety which is in them is very consistent with harmony . sixthly , the same impressions have been made upon both by late offices of love , and such brotherly assistance hath been yeelded , that not onely all old enmities are drowned therein , but also both nations for the future are more enflamed to merit of each other . all these things tending to the great advancement of vnion , those things which seem repugnant to the same by able politicians might be much corrected , or wholly removed . as for the independence of each kingdom , that is no barre at all to vnion ; for whilst the line of king james remains unspent , the crowns are utterly inseparable , and as really marryed together , as to all purposes of mutuall defence and complyance , as castile , and arragon , or any kingdom whatsoever . and if any doubt were of separation by the extinguishment of that royall race ( which god avert ) i do not see but that by consent of both kingdoms , that doubt may be prevented , without injury to either . and as for the distance and extension of both kingdomes , that can be no barre to vnion ; for france in its circuit and dimensions is equall to england , scotland , and ireland , and yet is but one entire monarchy , and hath been assembled in one generall parliament , and therein consists the soul of vnion . and the meer holding of severall parliaments in severall counties , possibly at the same time , the same head regulating all by faithfull dispatches , and missives is no hinderance , but that the same understanding may be in all , and work the same effects , as one and the same could . if there be any thing worthy to be insisted upon seeming opposite to vnion , t is the different revenues of both kingdoms , and some disadvantages caused thereby to each : for it will be said , that england , as the richer , draws away some priviledge therby from scotland ; and scotland being the lesse plentifull in treasure , draws away much of the english patrimony . but i shall answer this hereafter ; and so for the present i set my sayls for ireland . those things which are apt to promote vnion betwixt england and ireland , are , first , that both kingdoms have not onely one head , but are one body also , inseparably knit to that head , no independance or possible severance remaining , but such as shall be violent and injurious . england hath formerly been subject to severall princes , but all those independant principalities are now incorporated , and connaturalized by act of paliament , and reduced to a perfect unity of dominion ; and yet all england is not more it self , and one with england , then ireland is in all that is essentiall to dominion . by the laws of england and ireland , both the kingdoms are so connexed and coinvested , that wales and cornwall are not more individed from england , then ireland now is . wales is still a principality , and cornwall a dutchy , but neither are independent . so that nothing in truth remains , but the meer names or titles ; and the independance of ireland being in the same manner taken away , the kingdom of ireland is indeed but an integrall member of the kingdom of england ; neither is ireland dependent ; because it is independent , we tearm it rather annexed , and by that we mean wholly consubstantiated . the addition of ireland to england is like the naturall growth of a man at full yeers , which makes him not another creature then what he was , in the narrow confinement of the cradle , but still leaves him one and the same . england and scotland are united by two royall lines centring in our king ; but one and the same line conveighs england and ireland , and that line is indivisible ; so that though the king be owner of england and scotland , yet he is not owner of england , quatenùs owner of scotland , or owner of scotland , quatenùs owner of england , but he is owner of ireland quatenùs of england . but because some of the rebells now pretend to an independence , and some upbraid the rebells with a meer servile dependence , i will a little step out of the way , to encounter with both these incendiaries , and perturbers of our peace . against the irish rebells i shall maintain , that the kings title to ireland is of a mixt nature , partly by the victories of his ancestors , and partly by consent of the natives , and in both points strongly fortified by a long , unquestioned , uninterrupted possession . and what more can be added ? no prince of christendome can hold one foot of land by any title more cleer and undefeseable then where all these clayms are wreathed together . and in this respect ireland is further united to england then scotland is , for england and scotland are two bodies joyned under one head ; but england and ireland are but one body , and have but one head , they are not separable justly as scotland is . conquest and consent both have conjoyned them , and except the same , nothing can dilacerate them . and thus upon the norman conquest england lost it's independence , and became one with normandy ; for if nothing but the hand of war twisted their titles , nothing else can untwist them . against the enemies of ireland , which object the right of conquest ( as some did lately at my lord of straffords tryall , to justifie his cruell oppressions ) i shall maintain , that the right of conquest doth not afford any true warrant for oppression . in conquest three things ought to be searched into , whether it be just , totall , and pure or no . if it be just ( as we will suppose the normans to be ) it onely ejects the desseisor , and it ought to look no further then the prostration of the competitor . if harold will not do right to william but by compulsion , this shall not inslave the whole english nation ; nay , harold being in possession , those of the english which take up arms , and wait the decision of the sword , in a case to them doubtfull , cannot justly be charged of treason . t was not sufficient that william did forbear to dispossesse those of our ancestors , which had born no arms against him , he ought to have holden his hands also from those which had been active in their former masters service , the cause of both being disputable . of unjust conquests nothing needs to be said . in the next place also , if conquest extend it self over a whole nation , if the conqueror have no considerable party therein to favour his claym , if he enter without any professions of clemency ( as scarce any prince ever entred ) yet even thus he is not disobliged and acquitted of the laws of god and nature ; nor is entitled to a right of spoyling , wasting , and inthralling of gods people . gods law is indefinite , and reacheth to all kings , as well clayming by the sword , as by any other paction , that they shall not heap up treasure , or multiply horses , or lift up themselves against their brethren . our magna charta doth not limit our english kings so farre , it restrains not from filling the exchequer , or encreasing their guards ; and if they will arrogantly contemn us as slaves , and not embrace us as brethren , it affords us no cleer remedy . but we see gods charter intimates that princes were ordained for the protection of the people , and not the people created for the drudgery of princes . and therefore it doth not onely prohibite all actuall oppression ( as the law of england doth ) but it further restrains from all power of oppression , nay it curbs all haughty thoughts , the very seeds of oppression . parasites may ascribe nothing but divinity to princes , and insult over subjects as meer beasts of labour , and so as a main axiome of state , above all things inculcate the raising of money and ammunition , and dejecting of the people . but god prescribes the contrary , his law aims at the humbling of monarchs , and endearing of their charge to them , and disswading from all strength and confidence , but in the unfailing magazin of the peoples hearts . of that conquest then which is not vniversall , and without all assistance from the countrey conquered , ' little needs be said ; for it is most evident , that neither england nor ireland was ever so over-run . the last thing to be enquired after in conquest , is it's absolutenesse from all quarter , and freedome from conditions offered , or accepted : and if it be the most pure conquest that can be imagined , yet it doth not absolve the winners from the ties of common piety , and civility . i need not instance in religious moses , who out of zeal to save the community , from destruction , offered to forgoe his interest in heaven ; or in holy david , who to exempt gods flock from the raging plague , prayed that it might be diverted upon him their shepherd . paganisme may instruct us sufficiently in this . alexanders conquests in the east were as pure and unmixt as any , yet it is a great addition to his fame , that he treated the persians with the same indulgence as the macedonians , shewing himself an equally tender shepherd to both , and complying therein rather with plato's politiques then aristotles . adrian also an emperour , as unlimited as any , confessing himself born for his countrey , not for himself , made these words good : ita se rempublicam gesturum , ut sciret populi rem esse non propriam . pastor populi non sui-ipsius , sed subditorum quaerit commodum , & officio suo semper fungitur utilitati consulens & societati . i wish a christian had spoke this , or that no christian did disapprove it ; it were vain to pursue this further . howsoever , i deny not the due operation of a just , totall , and unmixt conquest ( though i scarce ever read of any such ) for conquerors coming in by violence , cannot be assured in a strange nation , without some violence at first , but that which is policy before establishment , is not justice after it . and secondly , though victors ought not to induce any conditions contrary to gods law , or grievous to the conquered ; yet perhaps they are not bound to restore all former extraordinary immunities in so ample a manner as they were before enjoyed . and thirdly , conquests have great force in taking away competitions , and extinguishing concurrent pretence of titles ; and as to the crown it self , they cut off all independency , as is now apparant in ireland , and in other parts of england now incorporated , and consolidated into one numericall masse thereby . but they are most wretched politicians that ground upon conquest ( be it rightfull , totall , and without conditions granted by the conqueror , or contracted by the conquered , or not ) a right of destroying and inthralling , and an exemption from all law for the present : and yet they which by conquest abolish all rights of the people , and that beyond all power of restitution for the future are further opposers of truth , and enemies to mankinde . had the conquests of england and ireland at first been just over the whole nations , and that without all pactions of grace ( as they were not ) and without all consent of the people ; yet that therefore all subsequent oathes and grants of our kings , and agreements of the nations should be utterly voyd , and all the laws of god and nature of no vertue , but that our kings are left still to their own discretions , and arbitrary , absoute prerogatives is an inference to be wondered at amongst rationall creatures . the second thing that qualifies ireland for vnion is , that the protestant religion is so farre dilated and known there . the well-wishers of popery pretend for the upholding of their own blinde superstition , that conscience is not to be forced , and that without bloody force papists are not to be reduced . this weak pretence hath done unspeakable mischief both in england , and ireland ( as appears this day by our unnaturall wars ) and we have been not onely very ignorant , but very wicked , i fear , and very guilty in admitting it . that force which borders upon cruelty is not to be used , i would not that it should be done to babel by way of retaliation , as babel hath done to us ; but certainly magistrates are responsible for all those souls , whom they may reclaim by politique severity , and do not ; and we see what effects politique severity hath produced in denmarke , sweden , scotland , &c. without effusion of blood ; and he that will deny the same , that it might have been as effectuall in england and ireland , must alleadge some strange or unexpected reason . 't is not so difficult to draw from falsity , as from truth , to make a turk a christian , as a christian a turk . and as for the populacy of any nation , we know they are to be driven by shoals , almost into any religion , where the magistrate , and spirituall minister co-operate together : the frequent and suddain conversions , and perversions of sundry nations in all ages , testifie this to be a matter of no great difficulty . and as for some few of the more knowing and conscientious sort , the meer want of a toleration , their own paucity ( if some other encouragement be not supplyed by connivence , &c. ) in some reasonable time would wear them out . and if the breeding of their children within these last yeers had not been omitted ; nay , if countenance under hand had not been afforded to papists , these wars had never happened : but now things so standing , 't is just in god that papists be so cruell to us in temporalls , as we have been to them in spiritualls . 't were advantagious for vnion , that we were all of one , but more especially of the true , pious , charitable protestant religion . and though this advantage hath been hitherto neglected , yet still we have power enough , by the grace of god , to provide better for the future . the third help to vnion is , that nature hath placed both our islands like twins in a remote angle of the world ; and as if she intended more to estrange ireland then england , she hath further seated her from the commerce of forraigne nations ; and it may be supposed , that they are both divorced from others , that they may be wedded to themselves . and surely as ireland's love and vicinity is very usefull unto england , so englands cherishing fidelity must needs be totally necessary unto ireland . did the irish depend upon the protection of spain , or some other distant countrey to guard them from the forces and armado's of england , that protection could not but cost them very dear ; for besides the calamities of endlesse war , in a nation so intermingled , the very burdens of protectors would perhaps prove as grievous , as the encounters of their assaylants . flanders now by its subjection to spain , is made the theatre of affliction , almost beyond hope of redresse ; and though she draw from spain many millions for her defence , yet without doubt she is more wretched by serving philip , then philip is weakned by supporting her . it is fourthly probable , that both nations were antiently descended from the same originall plantations and colonies , and if the name of hiberno-britaines may not be applyed to the irish , as cambro-britaines is to the welsh ; yet now scottish , english , welsh , and the mixt irish being so indifferently blended in ireland , and congregated ( as it were ) at a generall determinate randevouz , and the same language being so generally current , and the temperature of the clime , and the congruity of the antient natives in disposition so inclining to vnion , it must be wilfull neglect in us , if we do not close yet more amiably together . fifthly , in laws , customes , and constitutions for peace and war , there are lively resemblances . facies non una duabus , nec diversa tamen ; qualem decet esse sororum . nay if there be not altogether the same lineaments in both , yet there is more then a sisterly correspondence . sixthly , though some execrable offices have of late been done in ireland against our nation , yet we must account that quarrell to be religious , not nationall ; for we see they have not spared the scots ; they have not spared the english irish ; they have been cruell to all protestants , of what countrey soever . the same whorish inchantresse also , which is now bloody in ireland , hath ever been so in all countryes : the scripture characters her by making her self drunk with the blood of the saints , and dipping her garments in the same dye . the same false religion hath formerly made england flame with mercilesse executions , and spain grone under diabolicall tortures , and france swim in inhumane massacres . quae regio in terris , nostri non plena cruoris ? let cruelty be the certain test of false religion , and let england and ireland , and all nations abide the tryall of the same . for protestants are so farre from destroying their known enemies , that they are cruell to themselves in sparing , where they hope lesse of being spared . protestants are not bound alwayes from doing , as they have been done to by their enemies , or from disabling and repressing future malice in their enemies ; yet ireland is a witnesse this day , that they are more prone to favour unappeasable foes , then to prevent the most horrid treasons . but i leave this as remediable hereafter . as for the separation and divulsion of that sea , which runs betwixt england , and ireland , i conceive it to be no considerable hinderance of vnion ; for we see venice , and cyprus , and divers other countries by the art and happinesse of just government , love and embrace at a further distance , though other people are also interjacent , as are not here . and if any other heart-burning or distaste have happened of late betwixt the nations , by injustice , or mis-government ( as perhaps hath befallen as eminently amongst our selves ) the redresse and cure thereof will not be hopelesse . . i come now to my overture it self ; whereby further vnion may be promoted and confirmed amongst us . that ordinance of state which shall most equally diffuse , and breath abroad into all nations governed under the same scepter , the self-same measure of right and benefit , shall be most effectuall and vertuous to unite those nations . now it seems to me , that such an ordinance is now wanting in england , scotland , and ireland , and yet that neverthelesse it is not difficult to be framed and reduced into act. in england there are divers courts of iustice , and councells of state , whereby government riseth from the basis to the pyramis , by a farre symmetricall conus ; and there is not any matter of concernment to the crown of england , for which there is not a proper place appointed , and proper persons assigned to attend , and transact the same for , and under , or together with the king . the same policy also is in scotland , and ireland , for matters peculiar to scotland and ireland : but in england , scotland , and ireland for matters concerning all three kingdomes , or that remain in debate betwixt any two of them , besides the kings sole brest ( thereby too much over-burthened ) there is not any other judicature assistant , and common to all the nations to which the same may be committed . and yet in my opinion , this chasma in government is more irregular , and of more dangerous consequence , being it concerns great generall matters , and high points , then a lower defect would be , in businesse of a more narrow and private nature ; for if the king be served and attended by such councellors so chosen and qualified as he is lord of our kingdome , is it not more expedient , that he have the same service and assistance as he is lord of three kingdoms ? some few yeers since , some of the kings subjects under an english commission , and others under a scottish , met it greenland to fish , and upon a question of their severall grants blood was drawn , and force carryed it for the english : out of this fire a nationall flame might have been kindled , and till this day the blood remains unexpiated , and the controversie undertermined . not long since also the king was deeply incensed against the whole scottish nation , and the scots complayned of violations to them offered . in this unhappy dispute the king so engaged , was the sole judge ; and yet the english being neither parties nor judges , nor having any cognizance , or witnesses , or otherwise , were to incurre generall danger of ruine , to decide this with their swords . although in all private suits and questions of right betwixt the king and any vassall of any one of his kingdoms , the king ever referreth himself ( according to his oath ) to qualified and indifferent sworn judges , yet here the lives of millions being endangered , and the honours of nations engaged , the king only by the sword must give judgement . that which then happened to scotland upon as small a ground , may perhaps hereafter become the case of england , and ( for ought i know ) is now happened to ireland . but to what reason or equity can this seem commensurate , that whole nations should be worse provided for in points of judgement , then the poorest members of each nation . and as it is in common-pleas , and pleas of the crown , so it is also in matters of honour , and acts of state , 't is injurious and repugnant to vnion , that any one nation should be debarred from an equality of priviledge , or advantage , or interest in the king and his most generall actions and councells . my result then is , that to make vnion perfect betwixt the three nations some common court of justice and councell of state must be erected , to which each nation , or any member of each nation , in a nationall difference , may have recourse with equall confidence for the redressing of all injuries , for the deciding of all controversies , for the preventing of all dangers , for the removing of all jealousies , and for communicating of all state or court-benefits , and for the transacting of all matters of generall concernment . charles the eighth , then made brettaign one with france , when he levelled and equalized both in parliament , possessing both nations one of another , par my , & par tout ; for by this means the same crown overshadowed and spread its wings over both , investing both with the same propriety in it self . in the same manner also wales and england did inter marry , and of two became one ; for there is no burden of the crown whereunto the english-man is not now as lyable as the welsh-man , mediately or immediately , nor no priviledge of the crown whereunto the welsh man is not equally intitled with the english-man . the same must also be brought to passe betwixt england , scotland , and ireland , or else the same perfection of amity and unity can never be established ; and that can never be , but by the same , or very like means . where there is the same law to limit the judge , and the same judge to pronounce and execute according to the true intent of that law , and where both contesting parties are equally interessed , both in the judge and law , the judgement is ever finall and satisfactory to both ; and thus it is with england and wales , but thus it is not as yet with england and scotland , and therefore between england and wales there is no fear of division , but betwixt england and scotland there is ; and the king alone ought not in all cases to be both the iudge and the law , or can fully satisfie all ; for the king may have more neer naturall relation to one kingdom then another , and by other respects more by as 't to favour the one kingdom then another , & without assistance he is not competent for all things . and therefore the qualification of that assistance that it be equall and impartiall , and trusted by all , is of great and weighty moment . and this is true in matters of state , where no law is written , but in matters of right , where laws are as requisite almost as iudges , it is necessary that both partyes be as fully assured in the laws which are to regulate the iudges , as the iudges which are to enlive the laws . and this cannot be , unlesse all our three nations have equall consent and concurrence in parliament , to sit as iudges , and to passe laws , or to convene representatively and vertually in some lesse court and councell , branching ( as it were ) out of the parliament , severall , and approaching also in power as neer thereunto as may be . nationall parliaments shall still move in their proper orbs , taking cognizance of all particular nationall affairs , and this new erected seat or table , though it may have much of parliamentary vigour in it , especially in the vacancy of parliaments , as to cases of generall consequence ; yet it shall have no iurisdiction at all in meer nationall expedients . by this means ( as i conceive ) the three kingdomes shall be contempered into one indivisible monarchy , and be made one solid naturall body , and such vnion entertayned as shall be to the advantage of all three nations , and to the disadvantage of no one ; such as shall distribute all priviledges equally to be enjoyed , and all services equally to be born , and leave behinde no shew of inequality to be a ground of envie or disunion . 't is true , the king cannot be corporally present in all the nations at once , but whatsoever the benefit of a royall court may be , the disposing of that is left arbitrary to the king ; and this may seem perhaps great inequality to those nations which have lesse attraction in them . the meer residence of a prince , if it be a commodity , it goes many times accompanied with divers great discommodities ; and as the sun , though it be the most auspicious of all celestiall bodies , yet it doth not alwayes inrich those tracts of earth most , which it most violently heats with its torrid perpendicular beams : so neither doth the majesticall court of a king alwayes make those territories most happy , which enjoy it at least distance . but be this benefit what it will , in this , england intrusts as much to the kings meer discretion , as either scotland or ireland , knowing that without unnaturall force he cannot be restrained in it , nor without cutting monarchy into mammocks , that all countries or corporations can be thus satisfied ; and presuming that no king will ever withdraw himself where he may be most usefull , or so confine his person to one place , as that his influence shall be wanting in any part of his dominions , no umbrage can be taken of emulation in this . and as for all other things , equality , that unmoveable centre of the universe , and impartiality , that blessed ballance of government , shall be most exactly and mathematically pursued in this new erected synedrion ; the heptarchy of england shall not be more abolished then the tritarchy of england , scotland , and ireland . i need not therefore say any more of this generall junio , or court it self , or of the end for which it is so convocated , 't is sufficient that i have fancyed it to be equally chosen out of all the three nations , for the making them into one by an equall dispensation of all rights and priviledges , and an exact distribution of burdens and chastisements . i shall onely now adde somthing of some requisites , and qualifications due to it . that this counsell may be effectuall for those ends for which it is ordained , all parties should equally confide in it , for which purpose it must be dependent upon the king , as parliaments now are , and also be chosen equally out of all three nations by parliament , and in each nation of the lords and commons , or severall ranks in number proportioned for their mutuall assurance . for example , i will suppose a trienniall parliament in each nation setled , and the same parliament to nominate a convenient number in each nation for their own order to be indued with power as their standing committees , to continue from one parliament to another , and no longer , unlesse for an honour and testimony of publique confidence they be then longer continued . i will wish also , that in all cases nothing be determined by fewer then one of the nobility , and two or three of the commonalty of each nation , and that plurality of votes in grosse , may not carry any thing but plurality of kingdoms . and if any high difficulty arise betwixt kingdome and kingdom , let it be reserved for further resolution in all three parliaments . and if it happen that there be not one of the nobility , or two or three of the commonalty surviving from parliament to parliament , then the king to chuse and supply that temporary fail . considering it also as a councell of state , let it assist the king in all embassages , and publique treaties , and under him superintend all forraigne plantations and mysteries of trade . let it have a confined power to mingle the nations in blood by inter-marriages , to conform them in language , manners , and religion , and to reward all nationall offices of friendship , and to punish all publike enmities ; and let it's authority be greater then that of the privy councell . and considering it as a court of justice , let it hold cognizance of all publique quarrells and divisions ; let it suppresse all incendiaries , declaring themselves either by words or actions ; let it uphold all orders of equality , and cut off all opposers of the same . and for this purpose let it obtain a iurisdiction in such publique nationall causes , equall at least to that of the kings bench . and that they may the better establish generall vnion by preventing and removing all occasions of division and emulation , and by supplying and corroborating the surest nerves of mutuall affection and correspondence , let the persons of these grand councellors be sacred , their maintenance honourable , at the charge of their respective states , and let severall parliaments derive or consigne power to them , and demand account from them , as occasion shall require . let the place of their residence , and the times of their convening be designed by the king , as reason of state shall bear , and let them attend his pleasure as the lords of the councell , and as the judges of the kings bench now do . let all warres , especially with forraign states , be undertaken by their advice ; and let the levies of men , money , and ammunition be proportioned in all the three kingdoms by their discretion , and let all truces and leagues be made and preserved as they shall counsel . to conclude , my hope is that by some such wholesome constitution ireland may be better reduced , and the like rebellions for the future prevented , and perhaps other states , by the harmony of our vnion , invited into an incorporation with us , till we all grow up into a body equall , and able to poyse with any state now in europe . but i leave the further maturation of this overture to men of profounder knowledge , and stronger judgements . let the motto of king james be never forgotten , faciam eos in gentem vnam . an act establishing the povvers of lord admiral of england, and lord vvarden of the cinque ports, upon the councel of state. england and wales. parliament. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) an act establishing the povvers of lord admiral of england, and lord vvarden of the cinque ports, upon the councel of state. england and wales. parliament. sheet ([ ] p.) printed by john field, printer to the parliament of england, london : [i.e. ] order to print dated: die jovis, februarii, . signed: hen: scobell, cleric. parliamenti. with parliamentary seal at head of text. reproduction of the original in the british library. eng great britain -- history, naval -- th century -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no an act establishing the povvers of lord admiral of england, and lord vvarden of the cinque ports, upon the councel of state.: england and wales. parliament. a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion blazon or coat of arms an act establishing the povvers of lord admiral of england , and lord vvarden of the cinque ports , upon the councel of state . be it enacted by this present parliament , and by the authority thereof , that the councel of state appointed by authority of parliament for the year ensuing , shall have and exercise all such power , iurisdiction and authority , and are hereby authorized and enabled to do and execute all such things as pertain to the office of lord admiral of england , and lord warden of the cinque ports , and all such other powers and authorities as were vested in the councel of state for the year past , by force of an act of parliament , entituled , an act repealing the powers formerly given to the lord admiral , and transferring it to the councel of state . provided , that this act do continue and stand in force until the first day of july , one thousand six hundred fifty and one . die jovis , februarii , . ordered by the parliament , that this act be forthwith printed and published . hen : scobell , cleric . parliamenti . london , printed by john field , printer to the parliament of england , . the lord holles his vindication of himself and of his son sir francis holles from some foul aspersions cast upon them by mr. justice ellis in some depositions of his taken in the high court of chancery. holles, denzil holles, baron, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing h estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the lord holles his vindication of himself and of his son sir francis holles from some foul aspersions cast upon them by mr. justice ellis in some depositions of his taken in the high court of chancery. holles, denzil holles, baron, - . p. 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ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng holles, denzil holles, -- baron, - . great britain -- history -- restoration, - . great britain -- politics and government -- - . - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion the lord holles his vindication of himself and of his son sir francis holles , from some foul aspersions cast upon them by mr. justice ellis , in some depositions of his taken in the high court of chancery . london , printed in the year , . the lord holles his vindication of himself and his son sir francis holles , from some foul aspersions cast upon them by mr. iustice ellis , in some depositions of his taken in the high court of chancery . having seen some depositions of mr. justice ellis taken in chancery , in a cause there depending , between sir francis holles and sir robert carr , concerning a portion due ( but denied to be paid ) by the said sir robert , to the said sir francis , who had married his sister ; in which the said justice is pleased to say things very much reflecting , both upon sir francis , and upon me his father ; where there are great mistakes , and much said by him as upon hear-say ; which though insignificant as to be matter of proof and evidence , yet serving much to make a noise , and possess standers-by , who shall hear his depositions read , with a prejudice and ill opinion of us , as if we were really guilty of those foul things which are there said of us ; i shall therefore do that right to my self , my son , and to truth , as to make some observations upon those depositions , to discover the very great improbability ( to say no more ) of what is there delivered : my method shall be , first to set down the interrogatory , and his deposition verbatim ; then to shew briefly , where in it he hath varied from truth by his own mistake , and where upon hear-say from another body . the interrogatory is thus : do you believe , or have you heard that the said sir francis holles had preconveyed those lands so to be setled for an additional iointure as aforesaid to other persons , to other uses , so to frustrate the said settlement ? or what discourse have you at any time had with sir francis holles about the premises ? and whether did not the said sir francis holles confess to you , that he had so preconveyed the said lands , that were so to be setled for an additional iointure as aforesaid ? declare , &c. the deposition follows : to the th interrogatory this deponent saith , that after the said deed was so executed by the said complainant , the said lady carr came to him this deponent , and acquainted him that the said complainant had made some settlement and conveyances of his estate , he had so made to his wife for an additional iointure , after his said marriage , and before the sealing of the said deed for an additional iointure , on purpose to avoid the said iointure , and that the said iointure was worth nothing ; at which he this deponent was much surprized , and did take himself concerned in it , for that he this deponent had drawn , or caused his man to draw the said iointure ; and perswaded the said lady carr , that she should have no apprehensions , that the complainant would do any such thing ; and that he this deponent did conceive , that he the said complainant had a good estate in himself , when he this deponent saw the said deeds : but the said lady carr did insist upon it , that it was true , that he the complainant had done such an act ; and that not many days before he sealed the said iointure , he had conveyed away his estate to others : whereupon he this deponent took an occasion to acquaint the complainant with what he had heard , who to the best of this deponents remembrance did acknowledge the same . but this deponent well remembreth , that upon that discourse with the complainant , he this deponent was well satisfied , that some short time before the said complainant sealed the said conveyance of an additional iointure , he had conveyed over his estate therein to some other person or persons , whereat this deponent was much troubled . this concerns only my son , who hath in his answer upon oath to sir robert carr's bill in chancery , said positively he made no such preconveyances ; the words of his answer are these : this defendant denies that before his sealing and executing the deeds of lease and release in his former answer mentioned , he had made or granted any estate or conveyance of or in the lands or hereditaments therein mentioned , or any part thereof , to any person or persons whatsoever : nor doth this defendant remember or believe he ever declared or confessed , he made or granted any estate or conveyance thereof precedent to the said deeds of lease and release ; nor had he any reason so to do , for that this defendant at the time of his sealing the said deeds of lease and release , was seized of such estate in the said premises , as that he had ( as he conceived and was advised by counsel ) good right and power to convey the same , as by the deeds of lease and release was mentioned and intended . now , if there never was any such thing done by him , certainly he could not acknowledge that he had done such a thing as is set forth in the deposition : it is true , mr. justice ellis something qualifies his assertion by putting in these words , that to the best of his remembrance he did acknowledge it . but he must give me leave to remember him , that a man of his gravity , who hath the honour to be one of the twelve judges of westminster-hall , ( whose words even doubtfully spoken are of great weight , and do sway much to lead other mens opinions and judgments to a concurrence with his , even with what he enclines to believe ) should not utter any thing tending so much to the disparagement of another , give such a wound to the honour and reputation of a gentleman , as this accusation ( if true ) would do to my son , but upon a very great certitude : for , i say , if this were true , that my son had done such an act , so unworthy of himself , so unbecoming an honest man , much less a gentleman , i would never own him more for my son , but should think him fitter for a goal or a bridewell , and there to end his days , than to come into any honest company ; and truly i look upon it as such an injury done him , as that it passeth almost all reparation . and mr. justice ellis goes something further , and saith , he well remembers that , which is , that upon that discourse he was well satisfied there were such preconveyances , and that he was much troubled at it . and saying what he said before , i do not much wonder that he saith this ; for i see he is resolved to lead others into a belief that there were such preconveyances , whether there were any or no ; and i am most confident , so as i durst almost swear it , as much as i would swear , for any thing that i do not of my own knowledge certainly know , that there never were any such preconveyances , nor never any such discourse , or ground for such a discourse . for , first , my son hath denyed it upon his oath , and i never observed but that he was one who made a conscience of his ways , and conscience of an oath . but admit him to be a knave , and that it had been true , that he had done such an unworthy fraudulent act , in all reason he would not have been so weak , as to have acknowledged it in his discourse to one , who he knew came to pump it out of him , or have given him any ground to be satisfied that it was so , and that he had so played the knave : such works of darkness use not to be owned and avowed , since it is the secrecy of them that they owe their being unto , and which renders them advantageous to their contrivers . therefore it is not probable my son would make such a confession to him : and if mr. justice ellis did but gather it from circumstances , and by inferences upon what was said , he should have done well to have declared those circumstances , and have expressed in his deposition the particulars of that discourse , upon which he grounded his being so satisfied ; which certainly he could not but have remembred , ( if there had been any ) as well as that he was so satisfied upon it . and me-thinks he should have asked the lady carr , what ground she had to say so , before he had gone any further , especially so far as to speak with my son about it , which he could not but think would be to him a very disobliging discourse taxing him with , and questioning him about such a piece of knavery ; of which yet nothing appeared , and of which there was no sign , no vestigium , but in the lady carr's fancy ; and ( it seems ) a desire in mr. justice ellis to have it so believed by others , whether true or not true . but i may ask , did mr. justice ellis do the part of a faithful friend to the lady carr , and sir robert carr , for whom he saith he was entrusted , as their learned counsel , to draw their writings , and take care that good assurances should be made , and all things well settled ? that he should know , or but believe , or fear , there was such double-dealing used towards his clients and friends , such a fraud and cheat put upon them , instead of an additional jointure to a daughter of their family , and he be silent so long , and say nothing of it , whereby it might be put into some way , to discover all that foul play , and prevent the mischief and inconvenience which must of necessity have come of it ; for that wife of my son 's , whose portion they would now not pay , lived with him several years , and a daughter he had by her lived about a twelve month after the mother ; and all that time mr. justice ellis said not one word of this , nor i know not of how long after , not until his examination in this cause in chancery : and to say the truth , i have reason to believe , that both his satisfaction and his trouble ( which he speaks of ) began but when sir robert carr took up the resolution to keep back his sisters portion ; and that he had no thought before , that ever there had been such discourse between my son and him , or any thing like it , to cause either his satisfaction , or his trouble . and so i come to his next deposition . the interrogatories were the th , th , and th : the th ; did you at the instance of dame mary carr prepare a draught in pursitance of the said settlement , to tender to the lord holles , and the plantiff sir francis , and what was done therein , and whether was the same accepted or no ? declare , &c. th , do you know that the lord holles did refuse to appoint his own counsel , to draw a book in pursuance of the said articles of agreement ; and was there ever any settlement made according to the said articles ? declare , &c. th ; do you know , or have you heard that the said lord holles did ever deliver a copy or draught of such settlement to the said dame mary carr , or to her counsel for that purpose appointed ? declare , &c. his deposition to those interrogatorics more immediately concerns me , it runs thus : to the th , th , and th interrogatories , this deponent saith that he doth well remember , that the said lady carr was often with him this deponent , to prepare a conveyance for to make a settlement , according to the said articles of agreement upon the said marriage ; and did very much complain she could not get the said lord holles to do it ; and did often importune him this deponent to draw a book to that purpose : whereupon this deponent told her , that he could not well draw a book without sight of the said lord holles his writings , which she could not procure . but this deponent remembreth , at the said lady carr's importunity , he this deponent did draw , or cause to be drawn , a rough draught of a paper book with blanks , to the effect of the said articles , the said lady carr often telling him this deponent , that she had the money for the portion ready if she could but have the assurances performed . and this deponent had often discourse with sir william constantine , the said lord holles his counsel , who did except against something in the said articles , and said they were not reasonable ; whereupon this deponent told him , that they were drawn by the said lord holles himself with his own hand , and that they were not to make articles , but to draw assurances , according to the articles already made , and desired him the said sir william , that if he did not like the said draught , which he this deponent had drawn , that he the said sir william would draw a book himself ; and if there were any thing in the said articles unreasonable , ( so as the substance and effect of them might be performed ) he this deponent would perswade the lady carr to agree to them . but this deponent did not perceive that the said sir william constantine was willing to do it . and this deponent saith that afterwards the said lord holles was with him this deponent , and did complain of the said articles , and said it was never his intention such settlement should be made ; whereupon this deponent told his lordship , that he this deponent could not , nor had any power to make any new articles ; but if any thing were unreasonable or hard upon him in them , he this deponent would do his endeavour to perswade the lady carr to have them rectified ; but this deponent doth not know that ever any conveyances were made and executed according to the said articles , or otherwise , or any tendred by the lord holles or his counsel , although the said lady carr did often desire , and was very importunate to have had the same done and perfected . the matter of this is far from truth ; yet it may be true , that the lady carr told him so ; but that good lady would sometimes mistake , and i am sure she did so now , if she said any such thing to mr. justice ellis , as he saith she did : for upon the faith of a christian it is not true , that she did press me to perfect those assurances , and as little true that i ever refused it , or was backward to do my part in it . so far from it , that it was still desired and pressed on by me ; and it stuck at her , and those of her side , who would never perform what was in the first place their part to do , which was to secure the portion . for which purpose , she was tied by the articles to get a fine levied of her husband and son , of certain lands there specified , in the michaelmas term following after the marriage of her daughter , which was about the latter end of august . this was not done . and my engagement for setling the jointure , was to do it some three months after that fine levied : for this i was to do but in six months after the marriage , which time did not expire till about the end of february . so then the portion not seemed , as i was not at all bound , so it had been a very imprudent thing in me to have setled land for a jointure gratis , without any hopes of ever seeing a portion , which by their dealing i had cause to apprehend might be their intention , or at least to put us to trouble to recover it . for though mr. justice ellis is pleased to say , that the lady carr told him the portion was ready ; she nor he never told us so : it is what we never heard of , neither my son nor i , and i am confident no man nor woman did ever hear so , but the justice himself ; and sure we were most concerned to have had the notice given to us : nay , the justice , who by his own saying was intrusted with the care of procuring those settlements to be made , and seeing all things performed , that were requisite thereunto , was bound in duty and conscience to have signified so much to us , as that which would have removed the sole obstacle , and brought the business to a happy conclusion ; or at least it would have justified to all the world the sincerity of their proceedings , and laid open past all denial the tergiversation and insincerity which they met with from us . i am sure that with much ado , after long waiting , and several sollicitations of mine , being then upon my journey into france , i got a meeting at my house in westminster with the lady carr's agents , a counseller at law one mr. cox , and some others whom she employed ; and all the writings on my part were there ready , and were examined and approved by them , and i began to seal , and had sealed one or two ; and i had acknowledged a fine of the land in pursuance of the articles , and i delivered it to them : and as i was sealing , i asked what order they had for the portion ; to which mr. cox answered , he had none at all ; whereupon i replyed , i would then settle no jointure , till i had satisfaction in that particular , and accordingly stopped my hand from further sealing , and there it rested . soon after that i went into france , where i continued near three years ; whilst i was there , i received a desire from sir robert carr , that i would write to some of my friends in the house of peers ( the parliament then sitting ) for their favour and assistance to him in passing a bill to settle his estate , and enable him to pay some debts , and particularly to discharge and pay his sisters portion : accordingly i did write to several lords , to the earl of arlington by name for one , who was then principal secretary , is yet alive , and can witness if this be true that i say . my last treating about this business , or rather i may say my last endeavour to have treated , was when i went once to have visited the lady carr at her house in lincolns-inn-fields , with an intention to have moved her , that she would at last perfect things relating to it . and i stayed near an hour in a low parlour , spake to several of the servants to acquaint her with my being there , but could have no answer ; so i came away , and i never went to see her more , nor never had any more to do with her . by these passages it appears no portion was ready , whatever the lady said to mr. justice ellis ; and whether she said it or no , i durst almost positively affirm , he could not believe it was so ; for he , who knew that family so well , and the necessities , difficulties , and distractions which it laboured under , by reason of the distemper of sir robert carr the father , the opposition of the lady to her husband , and to all that he did , their drawing several ways , sometimes the one prevailing , sometimes the other , one undoing what the other did ; he , i say , who knew all this , could not but know that six thousand pounds , was a sum not to be there so easily gotten together , and that he was not presently to believe it to be so because that lady said it . indeed i have heard she had a sute in chancery with her counsellor mr. cox , about some money that she had put into his hands ; which money , she in her answer to my son's bill in chancery , saith was for the payment of this portion ; but how likely this is to be true , that it was for that use , let any man judge . cox , as i have heare , confessed only two thousand pounds , and that it was in trust for one mr. fleetwood , a gentleman whom she then much respected ; and besides this was in , or , several years after all treating about either portion or jointure , or any thing else relating to her daughters marriage , was absolutely broken off and laid aside , and her daughter then dead , of whom , or of any thing concerning her , she then certainly had no thought at all ; so as this is but a meer fancy , that it seems she then pleased her self with , when she was sued by my son , of which he nor none of his friends had ever heard before , whom ( as i have already said ) she should chiefly have acquainted with it . yet this deposition of mr. justice ellis even so framed , but upon a hear-say , may have its operation , and perhaps much to my disadvantage ; for though the justice speak it but upon the lady carr's credit , who should tell him such things , that i refused to perform covenants , and that the portion was ready , but i would do nothing of that i ought to do ; yet this coming from him , and being vented and published by him , a person of that weight and authority , who bears such a figure as he doth , will make an impression upon some mens minds , as if i were in truth such a man as i am there deciphered to be . therefore i have cause to complain of his readiness upon so slight a ground to utter things so much to my disparagement ; and which he could not but know to be no legal evidence in the behalf of sir robert carr , who had produced him for a witness , and shews more a good will and a desire he had to please him , than that it could be any real service to him , for the carrying on of his cause . he goes on and tells a story , first of a discourse between him and sir william constantine , then of one between him and me ; what sir william constantine said to him i do not know . i do not remember that ever i employed sir william constantine to treat with him about that business ; nay , if i were to die at this present , i would take it upon my death , that i cannot call to mind , that ever i knew that serjeant ellis ( for so i think he was then ) was employed , or made use of , in any part of all that negotiation between the lady carr and me ; so i may very well say , that i do not believe it to be true , that i ever was with him to complain of the articles , and that i should say it was never my intention , that such a settlement should be made . and i do verily believe he goes upon a mistake , confounding another business with this : for i do acknowledge , i was with him about a marriage propounded for the earl of lincoln , which was long after that of my son 's ; and i am very confident it was upon that occasion , the first time that ever i was at his chamber , or ever had to do with him ; for i do very well remember , that when i went to speak with him about that business of the earl of lincolns , i did not know where his chamber was till it was shewed me ; which could not have been , if ever i had been there before . but be it how it will , that he was employed or not employed in that business , and that i was or was not with him about it , it matters not much ; i wish he had dealt more clearly in his testiony , and not have spoken in the clouds , laid a general charge , which makes a sound , as if it signified some great mattter ; that i should complain of the articles , and say , i never intended to make a settlement according to them , though the articles were of mine own drawing , as he saith ; which if true , i had been certainly a very unworthy man , not fit for that common dealing which is between man and man , one upon whose promises , nay covenants and engagements no man could put trust nor confidence ; and for such a man he endeavours to make me to pass ; and therefore tells not , wherein i was unsatisfied , or what the particular was which i complained of . for it is true , i did complain of one particular , ( yet i think not to him , for as i say ) i do not believe i ever spake with him in all that business ) nor was it of the articles i complained ; but this i complained of , that the lady carr would have something to be done by me , which was not in the articles , as i supposed : it was concerning three leases which i held for lives , one from the earl of salisbury , the other two from the bishop of salisbury : i had articled , that after my decease my son should have them , and was willing to yeeld to any thing , whereby they might be secured to my son , that it should not be in my power to dispose of them from him : but nothing would serve the lady carr , but that i should presently assign them over to him ; which i could not give way to for two respects : one was a little point of honour ; for two of these leases being of two mannors , i could not afterwards keep courts , nor grant estates in my own name , but must do it in my sons : the other was a real inconvenience , that when any of my lives should die , it would not be in my power to renue my estate , without having him present to join with me , or rather to be himself the taker of it in his own name , who lived not with me , might be an hundred miles off , when an occasion of renewing should present it self , and i by that means might lose the opportunity , which would have been a great prejudice unto me , and even to my son and his wife . to whom those leases were to come after me . this i did not conceive at all to be the sense and meaning of the articles ; which on the other side i did conceive would have been fully pursued and performed by what i proposed , and what i was willing and ready to do : and therefore mr. justice ellis would not tell the particular , what it was that i complained of , which would have carried with it its own justification , but laps it up in general terms , to make me appear a falsifier of my word , and of my covenants . this i think was not so fair , and seems to me to argue rather a desire in him to do me a mischief , and serve a turn , than to give a full and clear testimony to the truth . one thing more i must observe , which i cannot let pass without some remarque upon it , he saith , the articles were of mine own drawing , and makes use of that circumstance to aggravate my ill dealing , that i should go against my own act , and have the impudence my self to proclaim it , and say i never intended the settlement should be made according to the articles which my self had drawn . which had been a folly in me even beyond the knavery , for few that play the knaves will be so very fools , as to say they intended it . but in truth mr. justice ellis hath ill luck to mistake in all he hath deposed from the beginning to the end ; for this is as true of my drawing the articles , as all the rest which i have before spoken to : it was sir orlando bridgman that drew them , or caused them to be drawn : all the hand that i had in them , was to insert the name of sir robert carr the father , whom they would have left out , saying he was mad , and that the lady managed all , both the person and estate of her husband being committed to her , and governed by her in the nature of his guardian , so that it was not at all needful ( as they said ) to make him a party ; yet i desired he should be made a party , and therefore put in his name in several places , where i conceived it necessary . and one passage more i find there written with my own hand ; it was to have pounds of the portion laid out in land to be setled upon my daughter in law for an addition to her jointure ; and further to declare how the remainder of the whole estate should go in case of no issue . this is all i did as to the drawing of the articles : but i do not say , nor did i ever think , that i was the less bound by them , because i did not make them my self , for i did agree to them , and was still ready to have performed them , if the lady carr would have performed her part concerning the portion , which ( as i have said before ) was at least to have been secured in the first place . however i was resolved still to take care of her daughter , and do all that i was bound to do , or indeed could do ( whether bound to it or no ) for her good , after she was once married into my family , who i must say did deserve it , and proved a very excellent good woman ; though before she did come into my family , that is , before i knew her , and was acquainted with her , i was not at all desirous my son should marry there . it was sir edward rossiter that first proposed the match , who did manage the treaty of it and perfect it ; and if my son would have been ruled by me , and followed my advice , he had not been married before he had received his portion , and then all the trouble that hath since followed would have been prevented ; but this is not much to the purpose : to return then to mr. justice ellis his deposition and so make an end . in his conclusion of it , he goes beyond all that he hath said before , he saith , he did not know that any conveyances were made by me according to the articles , although the lady carr did often desire the same , and was very importunate 〈…〉 to have it done and perfected . here he seems positively to swear , that the lady carr did often desire it , and was importunate with me to have it done . i would fain hope , that there was some mistake in the examiner writing down his deposition , and that he omitted what he had fully expressed in the former part of it , which was , that the lady carr had told him so ; and so indeed he may swear truth , though she did not say true ; for i am sure the thing is very false , if there be any truth in me : it was i still that desired her and importuned her , and not she me , i was still ready but she would do nothing . and upon the whole matter i must say , that i am as much wronged by mr. justice ellis in his deposition throughout , as a man can be ; yet as a christian i will say , god forgive him , and i do ; though he hath done me all this wrong ; which is a better conclusion of my remarques , than his of his deposition . finis . by the council of state. a proclamation. whereas the parliament assembled at westminster the third of november, one thousand six hundred and forty, is now dissolved, and the care and preservation of the publick in this interval, is in a special manner, committed by authority of parliament, to the council of state, ... england and wales. council of state. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) by the council of state. a proclamation. whereas the parliament assembled at westminster the third of november, one thousand six hundred and forty, is now dissolved, and the care and preservation of the publick in this interval, is in a special manner, committed by authority of parliament, to the council of state, ... england and wales. council of state. sheet ([ ] p.) printed by abel roper, and tho: collins, printers to the council of state, [london] : [ ] title from caption and opening lines of text. date and place of publication from wing. order to print dated: saturday march . . at the council of state at vvhitehal. signed: w. jessop, clerk of the council. annotation on thomason copy: "march ". reproductions of the originals in the british library and the harvard university library. eng assembly, right of -- england -- london -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no by the council of state. a proclamation. whereas the parliament assembled at westminster the third of november . is now dissolved, and t england and wales. council of state. a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion by the council of state . a proclamation . whereas the parliament assembled at westminster the third of november . is now dissolved , and the care and preservation of the publick in this interval , is in a special manner , committed by authority of parliament , to the council of state , which trust they are obliged and resolved in the strength of god , to perform with all faithfulness to the publick safety . and being taught by the late dispensations which god hath exercised these nations with , that the surest , and directest way , to arrive at that great and good end , is to waite upon gods providence and blessing , in the pursuite of those methods , which , by his preceptive will , appear most regular , and orderly ; which being conformed unto , may at last , after the many motions and revolutions that have befaln these nations , fix the good people thereof upon right foundations of settlement , and true freedom ; and having cause to apprehend , that some persons ( consulting more private concernments and interests ) may , upon principles of dissatisfaction , attempt the putting of affairs , out of that hopeful way , into which , the over-ruling wisdom , and soveraignty of divine providence , hath at present reduced them . the council have therefore thought it necessary , to charge and require ( as they hereby do ) all persons , of what condition soever they be , to forbear any meeting or meetings , in order to the contriving , or carrying on of any declaration , or subscription concerning affairs of state or government ; but that they do quietly apply themselves to a peaceable submission to the present authority , and to expect , and acquiesce in such management of publick affairs , as god by the influence of his wisdom and conduct , shall guide them to , untill the next parliament shall be assembled and take further order ; not doubting but the whole nation shall in due time receive the fruit of such their submission , and of the councils circumspection and integrity for securing their rights and welfare . and it is hereby declared , that if any person or persons , after this caution given , shall do any thing to the contrary hereof , they shall be looked upon , as enemies of the publick peace , and shall be proceeded against accordingly . saturday march . . at the council of state at vvhitehal . ordered , that this proclamation be forthwith printed and published . w. jessop , clerk of the council . printed by abel roper , and tho : collins , printers to the council of state . lestrange's narrative of the plot set forth for the edification of his majesties liege-people. l'estrange, roger, sir, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing l estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) lestrange's narrative of the plot set forth for the edification of his majesties liege-people. l'estrange, roger, sir, - . [ ], p. printed by j.b. for hen. brome ..., london : . first ed. cf. wing. reproduction of original in union theological seminary library, new york. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng popish plot, . church and state -- england. dissenters, religious -- england. great britain -- politics and government -- - . - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - melanie sanders sampled and proofread - melanie sanders text and markup reviewed and edited - pfs batch review (qc) and xml conversion lestrange's narrative of the plot . set forth for the edification of his majesties liege-people . london , printed by i. b. for hen. brome at the gun at the west-end of s. pauls , . l'estrange's narrative , &c. in this age of narratives , we should do with our books , methinks , as vittlers do with their ord'naries ; every authour hang up a table at 's door , and say , here you may have a very good narrative , for three-pence , a groat , or sixpence , or h●gher if you pl●ase ●or we have 'em of all sorts and sizes : the only danger is , the popping of catt and dogs flesh upon us , for cony , and venison . for take 'em one with another , at the common rate of narratives , there 's hardly one of five that will passe must●r . but what is a narrative ? you 'l say . a narrative is a relation of something that may be seen , felt , heard , or understood : or otherwise ; it is a relation of something that cannot be either seen , felt , heard , or understood : for we have our narratives of things visible and invisible ; possible and impossible ; true and false : our narratives of fact , an● our narratives of imagination . in one word : there was ne●er any thing said , done , or thought of , since the creation ; nor so much as the fansy of any thing , tho' it was never said , done , or thought of , but it will bear a narrative . so that the only point will be , out of this infinite diversity of narratives , which is the narrative here in q●●stion . now the narrative here in question , is the narrative of the plot ; but then there will arise another question ; of what plot ? for there are as many sorts of plots as there are of narratives . there are pl●ts of passion , and plots of interest ; plots genera●l and particu●ar ; publick and private ; forreign and domest●que ; ecclesiasticall and civill : there are plots to u●dermine governments , and plots to support them ; plots simple , and counter plots ; plots to make plots ; and plots to spoil plots ; plots to give credit to sham-plots ; and plots again to baffle , and discountenance reall ones : plots jesuiticall , and phanatique ; plots great and small ; high and low ; in short , there is not any thing under the sun , that may serve us either for pleasure , or convenience , but we have a plot upon 't : and the master-plot of all , is the plot how to get the money out of one pocket into another ; as is well observ'd by one of the antients . for what is it that sets all trades and professions a work , nay and all wickednesse too ; as murther , calumny , oppression , perjury , subornation , corruption , &c. but a plot upon mony ? now to come to my point . this discourse is not a wild and rambling narrative of some indefinite plot , that no body knows what to make of , or where to find it : but it is a narrative ( by way of excellence ) of the plot : that is to say , the capitall and hellish plot which is now in agitation , for the destruction of our prince , religion and government , to the horrour and amazement of all the reformed catholiques in christendom . i call them reformed catholiques , rather then protestants , because i take the catholique to be the antienter family of the two : the denomination being used in the primitive church ; and not only to denote a generality , or universality of profession : but also to distinguish orthodox , and obedient christians , from schismatiques , and heretiques . 't is cast in my dish i know , as a reproach , that i will not own my self to be a protestant . now so far as protestant is a catholique , or as the church of england is that which they call protestant , 't is all one to me , whether i passe for a reformed catholique , a church of england-man , or a protestant . but when heresie , and schism comes to shelter it self under the cover of protestantism , ( which is but too common a case ) i have no ambition to be accounted any of those protestants . so that my crime is only that i am a church-of-england-protestant . but to return to my theme . let the reader take notice , that as these papers are only a narrative of that plot which is notoriously known , and distinguished from all other plots , by the emphasis of the plot : so it is l'estrange's narrative of that plot ; from whom no more light can reasonably be expected then what arises out of matters within the compasse of his observation . he does not pretend , either directly , or indirectly , to have been entrusted by any of the priests , or jesuits ; or to have been present at any of their bloody and desperate consults ; or privy to any of their letters , messages , or commissions : so that we can say nothing at all to the particulars that have been given in by the kings witnesses : or if we could , the doing of it would signify no more then the holding of a candle to the sun : for whoever carefully peruses their writings and depositions , compares their testimonies ; and yet doubts of the plot , is litt●● better , certainly , then seal'd up under the spirit of blindness , and delusion . let no body therefore expect from these sheets , any repetition of what the kings evidenc●s have delivered , and deposed with so much solemnity allready ; but rather repair to the memorialls that they have committed to the publique , which are many , and copious , for a full , and finall satisfaction . and in the mean time i shall apply my self to the making out of the plot here in question , my own way , ( which , in strictnesse of speaking is not so properly a plot , as an intrigue . ) the difference betwixt a plot , and an intrigue , i take to be this ; a plot may be solitary , as when a man contrives or casts about with himself how to get a dinner , ( for the purpose ) an office , a pension , &c. he brings his ends about by his own wits , as by cogging , wheedling , hectoring , swearing , lying , or the like , as best makes for his purpose ; but an intrigue is alwa●s social , and menag'd by intelligence and confederacy ; so that it seems to be a kinde of a plot with complices , and yet it is not absolutely that neither . for the critiques will have a plot to import only a general resolution , or agreement upon some common end ; and an intrigue to signifie a certain artifice , or mystery in the manner of bringing it about . of intrigues , some are direct conspiracies ; as where a designe is govern'd by the contrivance , advice , and consent ; and emproved to the common advantage and behoof of all the parties therein concern'd . of this kinde , were the late intrigues of the fanatiques against the government ; where , as they all contributed to the ruine of the pub●ique , so did they all , in some measure , partake of the quarry . there are other intrigues which are not so much a ●●rmal confederacy as a blinde co-operation of sev●ral part es , toward the gaining of such or such an end , by wo●king upon the passions and weaknesses of one anothe● , without ever concerting the matter betwixt them ▪ and this is the quality of the plot whereof i am now about to treat . we have been told abundantly of the popish plot , the booksellers ware houses are cram'd , and there stalls charg'd with the memorials of it ; all our courts of justice , and journals of state bear witness to it . it has set all tongus and pens agoing ; and all christendom rings of it ; so that since nothing can be added to what is allready delivered upon this single subject , my business will be only to take up the story where the great evidences of the truth of it have been pleased to let it fall . after a nice and particu●ar deduction of the mayn plot , they do unanimously close upon this assertion ; that it was a jesuiticall influence that ruin'd the late king , and irritated the faction : and that it is a popish ferment still at this day , that puts all the sch●sms into motion . and for p●oof thereof , doct●r oates refers us to the instance of the four jesuits , and the dominican that mingled with the fifth m●narchy men , for the burnin● of london ; ( deposition ● . ) and to the care that ●as taken for tampering scotland into a rebellion as ap●●ars in everal other parts of his depositions . the dr. having made it out upon oath that the papists make use of the fanatiques to compass their own ends upon the government ; so soon as he has done this , he gives over the poynt . it must be my part now , to tack my own observations to the doctors ; and , by shewing , on the otherhand , what advantages the sch●smatiques make likewise of the papists , for the compassi●g of their ends , to lay open the effects of so dangerous a complication . this addition we must take for granted would have been supply'd by the dr. himself , both as a ●oyall subject to his prince , and as a true son of the establisht church , if matters of gr●ater moment had not taken him off at mid-way : so that in truth , this is rather a continuation of the drs. narrative , then a composition of my own . we are not to imagine that these interests are ty'd up by any instrument of compact , or covenant ; to joyn in a league offensive against the government ; but our mischief arises from a resemblance of their principles and not from any correspondence of understanding betwixt them . and yet while they seem to be blowing up and countermining one another , they do really destroy us ; and it is the church in the middle that suffers by the distemper of the two extremes . now though i cannot allow it upon any t●rms that they help one another by consent ; nothing can be plainer yet then that while they play , each of them their own game , the one still leads into the others hand . if popery influences sch●sm , that schism slides as naturally into popery , as motion from one place of rest tends to another . there 's the principle espoused allready , and the rest is only the changing of the name ; the very unfixing of a man is half the work done allready ; for he is so far advanc'd upon his way toward a new settlement . it is a thing worthy of note , the different manner of dealing with the church of rome , betwixt the episcopall clergy , and the non conformist ; the ●ormer proceed by dint of argument , the otoer only by opprobrious clamour , and reviling ; and ●or one fair blow at the pope , they make a hundred rude ones at the bishops ; and ( which is yet a fouler scandal ) the most eminent , and venerable champions that ever put pen to paper in the defence of the reformed communion , have been the persons which they have still singled out for the subject of their exemplary cruelty , and rigor . which shews that their ( pretended ) quarrell is to the name rather then to the opinion . i call it a pretended one : for if they quarrell in earnest with the name of popery , they fall foul upon the best friend they have in the world : for it is that single pretext that supports their cause . it is observable also on the other side ; that notwithstanding all their fierce and virulent exclamations against priests and jesuits , the church of rome does not vouchsafe them so much as one syllable in return ; and the reason is this ; the conventicles are doing the papists business to their hands ; and the enlarging of the schism is the readyest way imaginable for the bringing in of popery : so that it is but commuting a real service for a little dirty language . but is it true then , that the popish emissaryes are so busy , and bear so great a sway among our dissenters ? yes ( says dr. oates in his dedicatory to the king ) they were the first authours and contrivers of the late unnatural war ; and of his late majestyes unspeakable sufferings and barbarous usage . it was these ( says the dr. ) that brought him to his end , &c. and again , they were in most , if not all the councells that contriv'd his ruine . two jesuits ( simmons and compton ) were to pay the thousand pound promised to the discoverer of the king after the battle of worcester , and milton was a known frequenter of a popish club ; lambert a papist of above thirty years standing . what promises ( says the dr. again ) did they make to cromwell after his majestyes escape , to perswade the french king for our sovereigns banishment out of france ? and is not this now as clear an evidence as a body would wish , to prove the industry , the power , and the malice of that restlesse party ; and to shew how they were in at all destructive plots and councells ? was it not a strange zeal too , that when cromwell was master of the three kingdoms , and had so great an interest at stake ; the king might have scap'd yet for want of a price upon his head , if father simmons and compton had not engaged for the thousand pound reward that was promised to him that would deliver him up ? nay they were fain to quicken cromwell himself , to get the king banisht out of france . which shews first , that the papists trusted more to their power with cromwell , though a schismatique , then to their power with the french king , tho' a roman catholique . and secondly , that they thought the french king would do more for a schisme , then for the holy church it self : which implies a high degree of mutuall confidence betwixt their priests and our dissenters . it is a common objection in this case , that the dr. is too young to speak many of these things upon knowledge ; and that it would have been well , if he had produced some historicall authority in confirmation of the reports , that lambert was a papist , and milton a frequenter of a popish club : and so in other like cases . this is a doubt easily resolved , for the thing it self being a privacy in its own nature , it was only proper for the registries of the society , and not of a quality to be inserted into our publique annals . the dr. tells us further , pag. . ) that father moor and brown were sent into scotland , with instructions to carry themselves like non conformist ministers , and to preach to the disaffected scots , &c. he tells us likewise ( pag. . ) of seditious preachers , and catechists , set up , sent out , maintained , and directed what to preach in their own , or other private conventic●es , and field meetings , &c. now this , i am told , is no proof of the thing done ; but only of a proposition and design for the doing of it . but yet we find in the drs. reflexions upon the late times , that the thing was there really done ; and pag. . that blundel did actually teach treason in severall places of london . now if it be true , ( as who dares question what the d● . averrs ? ) that the papists managed the separatists in the late war ; and that all our miserie 's proceeded from the influence of their councells ; and that they are at this day , as active , and as powerfull as ever : it follows , that the d●nger is as great no● , as ever it was ; and that there is no security for ●his nation , so long as the agents for p●pery have this retreat . we should never have known that the papists had had so great a hand in our late broils ; and in the counsell , and execution of the murther of the late king ▪ if dr. oates had not discover'd it . for the late king himself knew nothing of it and all the memorialls we have of those times , even ●rom the most popular writers , are wholly silent in it , in such sort as we find it , here to be represented . there was a seditious clamo●r , i remember , against an army of papists , ( as they call'd them . ) that were on the kings side ; but not one word of a p●p●st that was to be found among the schismatiq●es , in their conventicles ▪ nor should i readily believe the story at large , as it is now reported , if any man but dr. oates had said it . i have run through the list of the re●ici●es i have had opportunities of knowing the princip●l men of the party and tracing all their committees ; and i cannot say that i found any one man upon that roll , wh●m i so much as suspected for a papist . so long as the work went smoothly on ▪ they call'd themselves ( i remember ) a covenanting , a fasting and a praying people : but so soon as ever the wind turn'd , the godly party was presently transform'd ; and those that i took before for dissenting protestants , are now made appear to have been , the greater part of them , priests , and jesuits . it seems to be somewhat unequally divided , that the schismatiques should have the benefit , and the papists support all the scandall of the rebellion ; would it not be better to let them fairly share the profit and the losse , betwixt them ? and that 's the drs. sense too ; for he does not deny but that the separatists acted their parts also : tho' only as men imposed upon , and outwitted , and under the guidance , and direction of the papists . i shall now appeal to any man : that has either seen , or diligently read the transactions of those times , whether or no he could ever have imagined that such a world of priests , and papists had worm'd themselves into the councells and congregations of that faction , as the dr. now assures us there did . and what was the business , but this ? the papists carry'd the matter so close , and lookt so like schismatiques , that it was morally impossible to discern the one from the other , now upon the admission of the same mixture , and danger , at present , and the same difficulty likewise of distinguishing a disguised papist from an outlying protestant ; we are lost unless we absolutely clear those kennells , since there is no pu●ging of them . and the means of doing it , is fair , honest , and obvious ; and i would sa● , ( if i durst open my mouth so wide ) of absolute necessity too . let but the laws be vigorously put in execution , and the great work is done . we shall not need to declaim upon the probable inconveniences that will arise from a longer sufferance of this license : but we shall in good time shew the approaches they have already made , toward the government ; and that the non-conformists make as good use of the papists , one way , as the papists do of the non-conformists , another . the encrease of the schism is the true measure of the churches detriment ; for the one looses just as much as the other gets . but the greatest mischief of all is the dissolution of order ; for it is not only the double losse and disadvantage of so many friends , degenerated into so many enemies ; but the loosening of the band makes all fly to pieces ; and turns that community into a multitude , which , ere while , was a government . and this dissolution does highly gratify our adversaryes , on both hands ; for once out of discipline , we are as bad as out of protection : and in the condition of a routed army , when twenty men in good order value a thousand fugitives ; for o●r strength , as well as our reputation leaves us with our union ; and the bulwark of the reformation is left naked , and without either honour , or defence . if this should come to be the case , what can we expect , but either to be at the mercy of a forreigner , or for want of a common enemy to become a prey to one another ? it is as natural , this , ( though we know it upon experiment too ) as it is for one grain of sand to fall from another , for want of a morter , or ciment to bind them together : or as it is for poynt blank contradictions to crosse one another . and when the day of controversy comes , what will all the fractions of dissenting protestants signify , more , then so many loos● atoms that will need a more miraculous concourse of accidents then ever the philosopher dreamt of ▪ to jumble them into a body . i will not deny but that they may so far unite as to make head against a common danger ; but they must live then like salamanders , allways in the fire ; as being by their very principles in a perpetual state of war ; impatient of one another , and consequently encapable of any political establishment . he that thinks otherwise needs only look behind him to be convinc'd ; where he will finde , that thorough all the late turns and changes of state , the prevailing party did still set up for it self , to the exclusion of all others : endeavouring to erect a new government , by order , and restraint , out of the ruines of the old one , which they had destroy'd by liberty , and confusion . how wretched now is the condition of those people who by dividing themselves , ( upon meer capricio's ) from regular societys , do in effect , cut themselves off from their claim to the ordinary comforts of providence , and nature ; turning peace it self into a curse , which to all men in their right wits is undoubtedly the greatest of blessings . after a long , and i hope not ( altogether ) an impertinent preface , i shall now draw neer to my text. the kings wittnesses have given evidence of a popish conspiracy ; and not only of a conspiracy carry'd on among themselves , but of a practice also upon the schismatiques , by casting of scruples into their heads ; by instilling dangerous positions : by preaching , in fine , & catechising among them in disguises ; to embroil the government . now let the world bear me witness that i have nothing at all to do with the original plot ; or the priests artifices of moulding , and cajolling the dissenters any further then in a resignation to truth and authority : my purpose being only to set forth the emprovements that have been made , under the cover of one plot , toward the advancing of another . i shall date this my narrative from the transmigration of the conspiracy ; and so carry it on through all the steps of its progression ; as the manner of representing matters , the probable intent , and effect of that way of proceeding ; the translating of a popular odium , from the papists , to the government , and so mounting by degrees from a zeal against popery , to a sedition against the state. it is no lessening of this execrable plot , to say that subjects ought dutyfully to acquiesce in the resolutions of their superiours : and that all clamorous appeals from the magistrate to the multitude are only so far pardonable , as the abundance of good will may help to excuse the want of moderation and discretion . so that a great part of those fierce and unmannerly transports that have been employ'd upon this unhappy occasion , and without any regard , either to quality or sex , or , in truth , to the very foundations of christian charity , might have been much better let alone ; since they serve only to enflame the vulgar , without any sort of avail to the cause in question . it is no better , then either a translating of the judicature from the king and his courts of justice to the rabble ; or else a complaint to the people brought in with a side-winde , against the government ; which are two dangerous points ; striking at his majesties sovereignty the one way , and at his reputation the other : and yet all this is tolerable , if it goes off so ; and without blowing up a passion into a designe . but we shall better understand the drift of it by the sequele . if it rests here , it is only a laudable zeal ill menag'd : for it is not the cutting strictures of a sharp tongue or a virulent pen , but the sober and impassionate sentence of law ; that by prisons , axes , and gibbets , determines these controversies . in one word , let them vent their indignation against the principles and practices of the church of rome , in what terms they please , and make popery as odious as they can , provided that they do not encourage tumults ; and that they contain their passions within the bounds of truth and justice . if they once passe those limits , knowingly , and by consent , 't is no longer zeal , but confederacy . this caution of keeping so strictly to the rules of truth , and justice , has a respect , first , to the manner of representing both persons , and things ; and secondly , to the matter of fact. now if to the intemperance of words there be added a malitious aggravation of circumstances , with fiction , and imposture over and above ; 't is to be fear'd that all is not right at the bottom . i shall be here encounter'd with a reproof , for being so tender , forsooth , of the reputation of the papists ; and yet any man that is not intoxicated with popular fumes , or led hood-winkt into a false conception of things , must necessarily see , that my great concernment is for the honour and dignity of christians ; it being our duty , to proceed according to the measures of good faith , and justice , even with the worst of infidels . but people you 'l say may be mistaken , and give credit to false reports , without either malice or designe . this is confest , and none of those errours shall be put to account . if you ask me , to what end ? or , what 's the benefit of imposing these flams upon the nation ? it is easily answer'd , first , that the plying of the multitude perpetually with allarms , and terrors , does in a manner turn their very brains , take away their judgements ; and render them fit instruments for the boldest , and most unwarrantable undertakings . so soon as they are once touch't in the crown with these conceipts : 't is but sadling their noses with a pair of state-spectacles , and you may perswade them upon new-market heath that they are tumbling down dover cliff. secondly , the very perso●s that so artificially make the people sick , are to reap the profit of the cure ; which is such an●ther kind of remedy as if a man should beat out his brains for fear of the headach . briefly , they do first make the people m●d , and then by the consent of the madmen they themselves ar● m●de governours of the bedlam . but without any m●●e des●anting upon the good or the evill the grounds or cons●quences of matters ; we shall now deliver some few instances to our present purpose . at the time when mr. powell the merchant was so long missing , what a rabble of formal relations went about then , of his being t●epann'd a shipboard , in what company ; what mony in his pocket ▪ what forebodings of his fate : and all terminating in a peremptory conclusion that he ●as murther'd by the papists ; and not so few as five and twenty or thirty pamphlets trumpetting these tidings all over the kingdom . and yet not one syllable of truth in 't at last . what a noyse was there about sir harry titchbourn's house : even to the very catalogue of the arms that were there taken : as . muskets , . case of pistols , . saddles , . daggers , . barrells of bullets , . bundles of match ; letters sent expresse to certify the truth of the story ; and copies of them dispersed presently at st. albans , and elsewhere , without any colour in the world for the report . and so for the herse full of arms that was intercepted at banbury , the hampers of fire balls that were found in the savoy , and somerset-house ; which were only certain rockets , serpents , and other artificiall fire-works which mr. choqueux had publiquely prepar'd for the entertainment os a solemn festival : and yet all these shams were blown up and down the kingdom , by news-letters and printed libells , with as much confidence as if they had been articles of faith ; and no doubt of it , but many thousands of his majesties good subjects believe them to this day , for want of being better enformed . what a bustle there was about mr. langhorns being bury'd in the temple , and what remarks upon the government for shewing that countenance to papists ? and upon the persons also that assisted at that funeral ; when all this while , there was no more in the case then only the body of a gentleman that dy'd in holburn , and was there interr'd , upon the night to the day of mr. langhorns execution . the history of bedingfields being privately convey'd out of the gate house , and a dead body left in his place , past so current , that sir william waller himself ( tho' he perhaps could smell a jesuit as far as another body ) took a long journy into the north upon 't , to catch the wrong bedingfield . the circumstances of that adventure would be too comicall for this place . we could tell you the conduct of the whole stratagem , and what names here at london went into the black book for not believing it . a man would really blesse himself to see the romances , the glosses , and the scurrilous buffoneries that were published by the ribald scriblers here about the town , upon this subject . but then , the landing of forty thousand french upon the i le of purbeck , shook the very foundations of the earth : the factions drew presently into cabals , upon the tidings of it , with horrible and contumelious reflections upon those in authority , as parties to the conspiracy . at coventry they brake up the market upon the news on 't ; and the common people immediately divided into knots , and consultations ; some of them coming very fayrly to this resolution , that there was no way but cutting the papists throats , to hinder them from joyning . but this advice was soon contradicted , and so the mischief went no farther : who knows what this invention might have produc'd , if the credit of it had continued but four and twenty hours longer ? the most formidable story of all , is the conspiracy of the prentices : and there was such work made with capt. tom , as if the grand seignior had been powring down highgate hill with a hundred and fifty thousand men at 's heels . there were so many thousands of them upon the list by tale and most of them papists too ; an account of what contributions to the charge , ( alas ! ) of a three-penny or groat-clubb ; whose throats were to be cut ; and through what constables teritoryes they were to take their march ; and this scandal upon the body of this loyal , and honourable city , exposed in ballads and libells by every rascally pamphletier . and what was all this mighty matter at last , but a parcell of good jolly ladds that had been busy at the burning of the pope , and prevail'd upon to set their hands to the petition that was then afoot ? these blades , finding that the petition had given offence , propounded the doing something on the other side too , that might shew they were neither fanatiques , nor papists ; and so they gave publique notice in thompsons intelligence of their intentions upon the anniversary of his majestys restauration to burn the rump . the first time perhaps that ever a conspiracy against the government was notified in a news-book . i shall now shew you in an instance or two , how bold they make with the kings wittnesses , as well as with the rest of his majestys subjects ; and what slurs they put upon the world ( the citizens of london especially ) under the countenance of the plot , and authority of the kings evidence . there' 's a pamphlet entitled , a narrative of unheard of popish cruelties toward protestants beyond seas : or a new account of the bloody spanish inquisition , published as a caveat to prot●stants , by mr. dugdale . printed for , &c. this new account ( as i am credibly inform'd ) is only an old thing reprinted ; the subject suited to the humour of the present season , and mr. dugdale upon the title-page exhibited as the authour of it , and ric. dugdale subscribed to the dedication . this was the second slur that past the presse under that name . the first impression went off clear with mr. richard dugdale in the title page , as the composition of mr. dugdale the witnesse ; but the booksellers finding the businesse to be smoakt , the wittnesses name being taken notice of to be stephen , and not richard , he very prudently left out the christen name in the second impression , and made it only mr. dugdale , and so it went for the witnesses again . his work being only to find out a witnesses namesake , by great good fortune he pitcht upon an alehouse-keeper in southwark of that name , to carry off his project ; and the man ( as i am told ) is a very honest man. now here are three abuses fobb'd upon us at once , first , an old book for a new one ; secondly , one that knows nothing of the matter in question , under the semblance of one of the kings wittnesses . and thirdly the counterfeit of a false authour . but the most remarkable piece of all is yet to come . it was my hap , some three or four months since , to cast my eye upon a book , entitled , a narrative and impartial discovery of the horrid popish plot : carry'd on for the burning and destroying of the cities of london and westminster , with their suburbs , &c. and dedicated to the surviving citizens of london ruin'd by fire , &c. i came to this pamphlet with expectation of some notable discovery ; especially finding a promise in the title page of depositions , and informations never before printed : but when upon the perusal , i found the narrative part of it to be taken , verbatim almost , out of two or three old seditious libells against the government , that were printed by stealth , some ten or a dozen years agoe , ( before mr. bedloes time of action ) and scatter'd up and down in most of the publique houses upon the great roads of england ▪ by half a score sometimes in a place , according to the ordinary method● of the faction in such cases ; i made a strict enquiry into the matter , and this was the business . there was a consult of three or four booksellers over a bottle of wine , what subject a man might venture upon at that time , for a selling copy : one of the company was of opinion that a book of the fires would make a smart touch ; and so they all agreed upon 't ; and propounded to get some of the kings wittnesses hands to 't ; naming first one , and then another , they came at length to a resolution ; and pitch't upon trap ad crucem , and the history of the fires ; as two books that would afford matter enough , if they could but get them put into a method , and have a certain persons hand to the owning of ●hem . hereupon they apply'd themselves to one to draw up the story ; and so it went to the press under his hand , all but what was printed copy ; and he made several alterations too in the epistle , out of his own head , after it was composed at the presse . so that here are a couple of old libells turn'd into a new narrative , and the kings magistrates , and officers defam'd afresh , and the menage of this scandal committed to the hand of a common calumniator . as to what concerns mr. bedloes evidence i have nothing to say ; nor to the papists burning the city ; nor to any one poynt in the pamphlet which mr. bedloe can pretend to speak to upon knowledge ; but this i shall say ; that there are several groundless and dangerous passages in it ; and that the most inslaming and seditious of them are only libels of ancient date , reprinted ; that it was a contrivance set afoot by booksellers for profit , drawn up according to their order and direction , and an abuse in the very original intendment : th● citizens and the kings wittnesses being only propounded as a property toward the gaining of it some reputation . it is sufficiently known , with what greediness these , and a thousand other impostures , and aggravations have been swallow'd by the common people ; and made use of as instances to illustrate and confirm the plot. but what ? you 'l say , there 's a mourneval of booksellers upon a tryal of skill in their own trade : one knave invents a story , and a thousand fools believe it . how does all this amount to the proof of a faction ? why truly ; tho' it looks very suspiciously , considering who they are that advance and encourage , and the interest that is promoted by these mistakes : considering also with what violence , and industry they are carry'd on , and that the cry too run all one way : i shall yet content my self with a probable surmise that there may be a factious-intent ; as if i should see a man riding post from barnet towards london , i would lay ten to one that this man is going for london ; and yet 't is not impossible neither but he may take up by the way : if i finde afterward that he went thorough , i should think it a hundred to one that his purpose was for london , when he first set out : this is the very case . these practices are the high way to sedition , and 't is ten to one that they 'l come up to 't at last : which if they do 't is a hundred to one that they design'd it , from the beginning . it is a very ill sign too , the fiercenesse of the abettors of these shamelesse , and ridiculous forgerys ag ainst any man that has not faith enough to believe that the moon is made of green cheese : and this they call a ridiculing of the plot ; and making sport with sentences of parliament , and judicial proceedings . i would fain see where either the king , the parliament , or any court of justice has verify'd any single poynt that i have reflected upon : and i defy the devil himself , in any of his servants , to say wherein i have not pay'd all due respects , as well to the persons of the kings witnesses , as to their evidence . what diminution is it to dr. oates his narrative , to say that the contrivances of the mercenary book-sellers , and scriblers herein mentioned are shams . what contradi ction or abatement in it to the truth , or credit of the popish plot , to shew that there is a schismatical plot afoot too ; and that one moves under the countenance of another : now to pretend a plot , where there is none , is next door to the denyal of it where it is. shall any man argue that the disparagement of a juggle , weakens a truth ? sr. edmondbury godfrey was never the less murther'd , because mr. powel escaped . shall any man infer that there were no black bills provided , because there were no arms found in sr henry titchburns house ? or because the prentices were but in jeast , that therefore the bloudy pilgrims were not in earnest : the justification of mr. choqueux's fireworks has no effect at all upon the teuxbury mustard-balls . what is my affirming that langhorn was not bury'd in the temple , to the business of valladolid , or salamanea ? the herse of arms was a flam. and what then ? must the evidence therefore of the pistol and the dagger be one too ? and i would fain know what relation bedingfields escape out of the gatehouse , ( after he was dead ) has to the consult at the white horse tavern in the strand . as to the popish plot that is sworn by the kings witnesses , i lay my faith at their feet , without any further enquiry , or dispute . but where i finde rank and palpable falshoods and contrivances imposed upon the world for certain truths , and nothing but passion and confidence to support them ; i reckon my self bound in duty ( so far as in me lyes ) to lay open the abuse . for this way of bruiting up a plot where there is none , is a design of a most dangerous consequence , and a snare to all honest men . it is a kinde of experiment upon the humour of the multitude , to try what they will bear , and whether they be yet mad enough or not , to swallow impostures without examining . if they finde the people in tune for their purpose , and charm'd into such an aw , that at the very name of a plot they shall dare like larks under the dread , even of a painted hobby ; there 's the foundation of a civill war , and an arbitrary power layd allready . they shall make what plots , and what plotters they please ; and every man that stands in their way , shall be a papist or a traytor , according as they think fit to represent him to the rabble . if this be the fruit of being given over to believe lyes , we have great reason sure to take all possible care that we be not deluded , and to distinguish betwixt the voyce of authority , and that of rumour . the common way of reply upon this topique is to break out into exclamations , and to hit a man in the teeth with the sham of the meale-tub , and twenty such fooleries ; as if there were no more in the bus'nesse then a malicious imagination ; and only a more colourable invention to discredit a real plot , under pretence of a counterfeit , and casting a mist before the peoples eyes , that they should not know one from t'other . my answer is short ; that we have the matter of fact in proof here before us : that the true plot and the counterfeit are in such manner separated , that the one is not at all in dispute , and the other is condemn'd . and we shall now shew you what use is made by a faction under the disguise of prosecuting papists , to defame , and to destroy several of his majestys loyall subjects and church of england protestants . for let a mans actions , his conversation , his religion be what they will , 't is but besmearing him with the scandal of being popishly-affected , and his work is done . there is a kinde of spell in the word popery . it transforms a man into a beast : and like the great medicine , it turns ●hatever it touches into plot. if a man will not believe it to be christmasse at midsumer , he 's in the plot ; if he loves his church , his prince , and his country , and stands for a burgesse or a common councell-man , 't is but saying that he 's popishly affected , and he becomes presently as an heathen or a publican . if he refuses to associate , or petition , he shall be markt ; and well too if he scape so ; for we have gotten a trick , when men will not do as we would have them , of laying them up for treason ; ( no matter for evidence ) and when we have put them out of reach of a habeas corpus , 't is but shewing them a payr payr of heels our selves , and leaving them to struggle with the law. as for example . on the th of april last , about . in the morning , major ovington and mr. thomas king were taken out of their beds and charged with high treason ; their boxes and papers rifled , and themselves examin'd apart ; but nothing of ill appeared against them . the magistrate began with the major ; and when he had try'd both by fair means and foul , to get him to sign such papers and informations as he himself had ready drawn ; finding that he would not be wrought upon , he left the major , and went to mr. king , telling him how sorry he was to see him drawn into such a horrid business : how that his majesty had the matter before him , and that there were . or . wittnesses that appear'd against him . mr. king , in great admiration , askt what this mighty businesse might be : but he went back to the major , without giving any reply : and after a little while return'd to mr. king. major ovington ( says he ) has dealt generously with me , and he shall fare the better for 't ; for i do not desire the destruction of any man : but still professing more kindnesse to mr. king , for his fathers sake , and looking upon him as a person only drawn in . so he prest mr. king to a confession , and told him , if he would but subscribe such a paper as he would draw up , and knew to be true , he would not commit him , and it should be the better for him . mr. king askt him what he would be at , and told him that if the major had charg'd him with any ill thing toward the king , or the government , he was an unworthy man. whereupon he went his way , and committed the major to the gate-house . the magistrate having left mr. king at his own house , came back to him immediatly , and told him , 't is well mr. king ( says he ) that you are faln into my hands ; for if i please , there 's but a step betwixt you and death ; i am loth to commit you , because i know it will be your ruine ; every thing being made out so clear against you ; mr. king still urging to know what all this meant , the magistrate went to the further end of the room , and fell to writing ; mr. king , being desirous to see what he wrote ; he held the paper in his hand and ask'd him if he did not know of a design to seize the tower , and rescue the lords ; and severall other lewd things . to which mr. king reply'd , that it was all villany . the magistrate gave mr. king a bottle of syder , and treated him with an appearance of much kindnesse . after a while , he took mr. king in his arms ; telling him he saw he was resolv'd upon his own ruine . mr. king desir'd that he might apply himself to the secretaries of state to be examined by them ; which the magistrate took ill , pretending that his majesty had left the bus'nesse to him. he was trying a long time to prevail upon mr. king to swear against major ovington ; but not succeeding , he threaten'd to lay him in irons ; and so committed him to the gate-house , with order to the keeper , that the gentlemen should not come together , nor receive any message , without having taken any examination upon oath , before his commitment ; neither after it , was there one word of treason sworn against him . he was committed betwixt twelve and one upon the th , and the deposition against him was taken the day after he was committed , at the rhenish-wine house in channell row , threatning also to lay the witnesse , in irons , if he would not depose what he the magistrate had drawn up . the coppy of the mittimus follows . whereas oath hath been made before me , that the person i herewith send in custody to you ( mr. thomas king ) hath treasonably contrived a rebellion , and falsly designed the accusing severall of his majesties loyal peers and subjects of the said treason . these are therefore to will and require you in his majesties name to receive and keep the body of the said thomas king in safe custody . untill he shall be discharged by due course of law. given under my hand and seal the th day of april . . these gentlemen being brought into the court by their habeas corpus the next term , the prosecution was lookt upon to be illegal , and ridiculous , to the highest degree ; there appearing no colour from the information , or examination , either for the matter charg'd upon them , or so much as the bare commitment ; only it was observ'd , that beside the injustice of a commitment without evidence , the crime was laid treason , on purpose that they might not be bail'd in the vacation . this i hope will not be deny'd to have been a sham-plot ; and promoted by a faction too : for it was the work of twenty libells to defend the proceeding : the persons accused are gentlemen of approved loyalty , fair and honourable conversation , and men zealously affected to the church of england . there was an attempt made by the same magistrate at the same time upon another gentleman in the same house , ( a cavalier of unquestionable loyalty and honour ) and upon a like pretence too ; but that trepan was let fall again . here' 's the fruit of taking up plots upon trust ; and running headlong from the fear , nay , from the very name of popery , into the thing it self . let any man shew me a more imperious tyranny , if he can , or a more implicite faith ; then for men to be worse then spirited away thus , contrary to the law , and without remedy ; and and run down for criminals by a popular consent , without understanding one syllable of the matter in question . these practices and excesses are the subject of my narrative ; and so far from misrepresenting the popish plot , that there is not any sort of correspondence , in this case , betwixt the one , and the other . and i defy any man to shew , whereever i let fall so much as one word of the popish plot , but with a modest and due respect to the government . neither , in effect , am i become the mark of every paultry libeller , for reflecting upon the reality of the one plot ; but for the exposing the juggle of the other . and it is time certainly for every man to look about him , when our lives , liberties , and fortunes lye all at mercy ; and every honest man expos'd to the animosities of faction , and revenge : for we are not judg'd by what we are in our selves , in our conversations , and opinions ; but by what we are said to be . what becomes of magna charta , at this rate , and the priviledges of an english mans birth right ? if men shall be hurry'd into jayls without evidence , because they will not subscribe either confessions , or accusations , touching matters which they know nothing of , and witnesses tamper'd afterward by menaces , for proofs ex post facto , to colour such illegal commitments ? we have had but too much of this allready ; and no body knows whose turn it may be next : since what was the case of these gentlemen , may be any mans . does it not behove us , now , to distinguish betwixt reason , and clamour ; betwixt truth , and calumny , betwixt the acts of authority , and the license of tumults ; betwixt the just and temperate deliberations and resolutions of government , and the violent heats and partialityes of the common-people ? how come the multitude to be judges of plots , and popery , more than of other crimes and misdemeanours ? for that 's the tribunal of the faction , where every man is to be made a traytor , or a papist , as they think meet . and it is not enough neither to be fairly acquitted upon a tryal before a court of justice ; for the bench and the jury are presently arraign'd upon 't by an appeal to the rabble . it is a great poynt gain'd , where a faction has gotten so much the command of the people , as to make them believe every thing that they say , and approve of every thing that they do . there is a plot no doubt on 't ; but that plot does not yet create another plot , where there is no plot at all . the popish plot has bounds , and limits ; the kings wittnesses tell us what it is , and where it lyes ; and we have had nothing new of that plot , now a good while . but this imaginary plot , is a plot upon a perpetual plot , and to keep the nation so long in awe of the popish plot , till the faction may execute another plot of their own. and what is that other plot of their own , but , first ▪ to break in upon the ministers and friends of the government ; and secondly , to undermine the very foundations of it . this is no more sayd , then what their practices make good ▪ and the series of the design hangs as naturally , one piece to another , as if they were but so many links of the same chain . as to what concerns the capital plot , in the proceedings upon the conspirators , and the subsequent severityes upon the papists ; all this is an act of the government . but the superfaetation of other plots , which neither the state , nor the witnesses take any notice of : plots that have no affinity or connexion with the principal ; nor , in truth , any existency in nature , other then in the forge of a phanatical , and republican brain . these plots are not so sacred , i hope , but a body may ask , whence they come , and whither they go , without any offence , either to authority or good manners . nay , what if a man should examine them , by what commission it is , that they change their stile , and render papists , in the original , into popishly affected , in the translation ? how it comes , of a down right popish-plot , to be a popishly-affected-plot ? this stretch puts the church-of-england men into a worse estate then the very papists . for there are certain known and political conditions , whereupon a papist may come off , by satisfying the law ; but popishly-affected is such a drag net , it sweeps all. in other cases , there must be probata , as well as allegata ; but here , the simple allegation does a mans bus'ness ; for how is it possible for any man to prove a negative , and a thought , which he must do , to discharge himself of being popishly-affected ? the common people take popishly affected i know , for one of the devlishest things that can be sayd of a man ; especially as it is drest up with plots , massacres , conflagrations , &c. to make it the more terrible . and therefore whensoever the faction has a minde to expose any man to the outrages of the rabble , they are pleas'd to give him the honour of this character ; which presently raises the country upon him , as if he were a woolf , or a common enemy . now this brand of popishly affected is not set upon a man for any correspondency of dangerous or erroneous principles that he has with the church of rome ; but they make use of it as a discriminating mark betwixt themselves and other men . he that will not believe all the fooleries they tell him , nor joyn in all the iniquityes that they propound to him : he that will not contribute , swear , petition , vote , associate , as they would have him , that man comes immediately to be popishly affected . he that ●peaks reverently of the dignity , or the persons of bishops ; the orthodox clergy , the ministers of state and justice ; the service-book , the rites and appointments of the church in opposition to the assemblyes-directory , with the practices of their slovenly and licentions conventioles ; that man 's popishly affected . to preach up obedience to civil magistrates ; to cry down schism ; to chuse a good fryday rather , or an ash-wednesday , for a fast , then a whitson-tuesday ; to lay more stresse upon the oaths of allegiance and supremacy , then the solemn league and covenant ; to advance the king above the two houses ; to deny the sovereignty of the people ; and to maintain that god is the god of order , and not of confusion , all this is to be popishly-affected . but let us now consider how this calumny comes to be taken up ; what 's the drift , and ( if this work goes on ) what will probably be the issue of it . it may be observed , that so long as we were upon the scent of priests and jesuits ; the plot in motion ; and that every day presented fresh game of papists , and conspiracyes : so long , i say the faction joyn'd with the government in a common care , for the peace and safety of the publique : only with this difference ; that whereas the magistrate proceeded to the necessary punishment of offenders , according to the gentle , and impartial methods of law and justice : and with humanity and compassion for their persons and errours , the faction , on the other hand , precipitated all things with violence , and clamour . not contenting themselves with the bare oblation of so much blood , for the satisfaction of publique justice , unlesse they turn'd the tragedy into a farce too , and made sport with the calamityes of the miserable . and what was all this vehemence and pudder , but to elevate the opinion of their zeal ( in proportion to the noyse they made ) above all others , and tacitly to reproach the government for their candour , and moderation . nor did they keep themselves within the bounds of inferences , and tacit implications , long neither ; but so soon as ever any man came off , whether through the insufficiency of proofs , or the incompetency of witnesses , they flew open-mouth'd in the face of the bench and jury : and in so bold a manner too , as if the tribunal were only to hear the cause , the jury to stand with their fingers in their mouths , and the pit to decide it ? what is become of the manhood , and generosity of the english nation ; that we are fal'n into this insatiate thirst of bloud ? where 's our respect to our superiours ; while we thus arraign authority ? where to our selves , in the seditious usurpation of a right that does not belong to us ; and in contradiction to the duties of allegeance , and common prudence ? where to our fellow-subjects ; in our needlesse , and unmannerly importunities , for more rigour then the very letter of the law will bear ? is this doing as we would be done by ? or is it doing either as we have been done by ? but i shall now come to the transition of the one plot into the other , and the turning of papists into popishly-affected ; wherein i must distinguish betwixt the words and intent of authority , and the unwarrantable application and construction of the faction . in all changes of state the pillars must first be remov'd , before the frame of the government can be dissolv'd . and therefore 't is discreetly done , for a faction to begin with persons , ere they broch their opinions ; for it would be a great over-sight to pick a quarrel with the administration , and at the same time to be laying of new foundations . it is also another point of skill , the running of people down ( as i find it in a coffee house authour ) without the assistance of the penal statutes , or the formality of trying men by their peers . and nothing does that exploit more effectually , then the device of popishly affected . it is a snare , that all the precaution in the world cannot avoid ; and a most insensible slip from religion , to sedition ; as we find in the progress of our present distempers . for the bus'ness of popery is now in a great measure laid aside ; and the dissenters and republicans at work as hard as they can drive ; the one to undermine the church , and the other the monarchy ; and joyntly engaged in a common endeavour and design for the ruine of both. so that the same plot , in effect , is carry'd on still , but in other names , and by other hands . the original quarrel was to the papists : this is to the popishly-affected . the church of rome was struck at in the one , and the church of england is struck at in the other : and what the jesuits began , the schismatiques are now to finish . let no man question the truth of this , unlesse he will first put out his eyes for his credit ; or bring a certificate from the colledge that he is non-compos , and does not know chalk from cheese . provided allways , that these people prove not at last to be dr. oates's jesuits in the shape of schismatiques ; as i have heard of some schismaticks too in the shape of ●esuits . i shall be told that this is only a blind to cover the popish plot ; whereas in truth that pretext is only a blind , to cover the other ; and all their shifts are but so much lime thrown in the people eyes , to blear , and confound them that they may not distinguish prelacy and popery , papists , and church-protestants , the one from the other . and another trick they have got ; which is , to run canting with their appeals to the king and parliament ; as if the very suggestion of this plot were a contradiction to the evidence of the other ; and consequently to the authority , justice , and resolution of his majesty and the three estates . are not our impost●rs come now to a prodigious degree of boldness , when they shall dare to father such shams as these upon the supreme authority of the nation . but what 's all this , to the old story of fathering murther , sacriledge , and rebellion upon god himself . 't is very true , that the king and parliament have agreed upon 't , and declar'd themselves fully fatisfy'd that there is a damnable popish plot , but not one word of a popishly-affected plot ; neither do i finde that our refiners , and improvers of mischief have any commission for the extending of the popish plot so far ; and themselves at last to be the judges of that popish affection : much lesse for the turning of that reproach upon the church of england , which was intended only against the opinions , and practices of the church of rome . it will be sayd that they do not blast the church of england , but here and there a rotten member of it , that carrys on the popish interest under that masque ? 't is very right , that , take them in the good humour , and they will yet allow two bishops of the twenty six to be protestants ; and four protestant divines in the city of london ; so that here 's no formal attaque made as yet upon the body of the church ; only dr. owen , mr. baxter , and two or three more of them ly pelting at the out-works , while the lay-brothers are employ'd , some in mining ; others in drawing here and there a principal stone , or timber out of the building ; and every man , in his place , and station ( according to the covenant ) contributing toward a total ruine : only the work is now carry'd on by other hands ; or at least under other appearances . the plot in substance seems to be much the same , saving only the exchange of popery for schisme . we shall now briefly touch upon the methods by which these ends are to be brought about . by this invention of popishly affected they can pick their men , and cast out all that are not for their turn ; the word being only made use of for a distinction betwixt the adherents to the church , and the protestant disenters . pray'e see ( says the author of englands great interest ) that you chuse sincere protestants , men that do not play the protestants in design ; and are indeed , disguised papists ; ready to pull off their masque when time serves . [ when the barefac'd papist cannot do it , ( says the instrument of association , pag. . ) the protestant in masquerade shall ; the stratagem of this very day : and above all to be watch'd against . ] and in an account from guild-hall , they are called protestants in masquerade , in good time to be taken notice of , and receive the reward due to their merits . [ to be marked ( says another ) as the worst of papists , and so dealt with in city and country . ] now for variety-sake they call them courtiers ; pensioners , and the like ; and the clergy are treated ( as upon the late election of knights of the shire at chelmsford in essex ( in the stile of jesuitical , dumb doggs ; dark lanthorns ; baals priests ; damned rogues ; jacks and villains ; the black guard ; the black regiment of hell , &c. and a general exception made ( by the writer of the seasonable warning ) to all men in office , preferment , salary , or court-employment . so that here 's in a manner the one half of the kingdom ( and the legal half too ) as much as in them lyes ) excluded from a share in the common interest of the nation ▪ with what a●m● and intent , let the world judge . the popish plot is sworn by all the witnesses to have been level'd at the life of his sacred majesty , the subversion of the government , and the destruction of the protestant religion . now whosoever well considers the manner of proceedings , together with the s●ile , and doctrine of the positions that are now afoot , ( though pretendedly upon another bottom ) will finde many passages that look untowardly the same way . first , as to the life of the king , and the direct subversion of the government , the faction is not advanc'd so far yet ; for that 's a villany that must be imposed upon the people , as a thing in such and such cases to be lawful , before there can be any thought of putting it in practice . and herein , our late reformers have out-done the jesuits themselves : for over and above the exposing of a prince , on the one side , for heresy , and , on the other side , for not submitting to christ on his throne ; and equally on both sides to the vtmost extremities ; we have got here the start of them , in erecting a principle that makes the s●vereign further accountable to the people , upon a point of state ; as we shall presently make appear by severall instances . now if it be once laid down for a maxim , that upon such or such conditions , the subjects may take away the life of their prince if they will ; 't is damnable odds that upon such a supposition , some reprobated wretch or other will do it if he can . i shall begin with the acute authour of the weighty considerations consider'd . i will hope ( says he ) pag. . there are very few in this nation so ill instructed , that do not think it in the power of the people to depose a prince who really undert●kes to alienate his kingdom , or to give it up into the hands of another sovereign power ; or that really acts the destruction , or the universal calamity of his people . the authour of the plea to the dukes answer says that when kings themselves be ill ones , god not only approves of their removal , but even himself does it . the political catechism places the government in the two houses of parliament . the late letter to a person of honour , &c. says , there may be a self-deposition of a prince actually regnant . and again , the weighty considerations consider'd , lodges the government in the major part. and almost every fresh libeller speaks to the same purpose . now do but once admit , that a king may forfeit his royal authority , and you shall never fail of those that will say , he has don 't ; so long as there are men in the world that had rather govern , then obey : and the stress does not lye upon the quality of the kings actions neither , but upon the construction that shall be made of them , by any reprobated band of conspirators , that shall presume to censure them . whatsoever the faction shall think fit to call mis-government , must be so interpreted , and reputed : and to them only must we repair , as to the oracles of law , and conscience . the safety of the king and government , our religion , laws , and freedoms , are only , according to this position , dependent upon the humour of the multitude : so that it is but their bare saying , that the king has forfeited his cronn , the church their priviledges , the nobility their session of peerage ; the commons their chara●ter of representation ; the merchants their liberty of trade ; the gentry ▪ and commonalty their lives , freedoms , and estates , and the work is done . this was the course of all our late violent changes of government ; and the positions which are now every day recommended to the nation toward the playing of the same game over again , were the groundwork of all our late miseries and confusions . now as to the church : are not the dissenting ministers at work again tooth and nayl against the act for uniformity ; and preaching up a schism , under the colour of formalizing upon scruples ? do they not first instigate the people ( in contempt of law , and order ) to a separation ; and then furnish them with the best pretences they can , for their disobedience ? what will become of the protestant religion , when the restraint of ecclesiasticall discipline and jurisdiction shall be taken away ; and men left to themselves to go their own ways , and chuse their own religions at pleasure ? if this be not an attempt upon putting the last ●ranch of the popish plot in execution by an extirpation of the protestant religion ; then the church of england , ( as it is legally establisht ) must be confest , in their opinions , not to be protestant : and consequently be call'd to an account for that supposed defect , as not being comprehended within the equity of their good will and ●rotection . i could multiply these instances without end ; but here 's enough said to give evidence of a pestilent design . but whether it be a design of a popish contrivance , tho' set a foot by the fanatiq●●s ; or purely a fanaticall design ; i shall not determine ; but leave the animadversion of it to the consideration of authority , and appeal to the most partial reader for the truth on 't ; concluding with this observation . that there is great malice as well as danger in the project : for thorough all this audacious license of libelling the king himself , the privy-councell , the judges , the jury ; &c. of tearing the church to pieces , and treasonably undermining the very foundations of the government , by the erecting of republican maxims wholly inconsistent with , and utterly destructive of this imperiall monarchy : i do not finde yet so much as one dissenters pen engag'd in the vindication of his majesty , or the support of the government , to expiate for the numberlesse pamphlets they have publish'd toward the scandal and destruction of both ; or in justification of themselves to the world , that they are as great enemies to the substance of the popish plot as they would be thought to be , and as great friends to the king and government . the end. an order of the lords and commons assembled in parliament, for setling and manageing of the places of the lord admirall and lord warden of the cinque-ports, in a committee of lords and commons. proceedings. - - england and wales. parliament. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) an order of the lords and commons assembled in parliament, for setling and manageing of the places of the lord admirall and lord warden of the cinque-ports, in a committee of lords and commons. proceedings. - - england and wales. parliament. england and wales. parliament. sheet ([ ] p.) printed for edward husband, london : aprill. the . . order to print dated: . april . reproduction of original in the folger shakespeare library. eng england and wales. -- royal navy -- history -- th century -- early works to . great britain -- history -- civil war, - -- early works to . great britain -- politics and government -- - -- early works to . broadsides -- england -- london a r (thomason .f. [ ]). civilwar no an order of the lords and commons assembled in parliament, for setling and manageing of the places of the lord admirall, and lord warden of england and wales. parliament a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion an order of the lords and commons assembled in parliament , for setling and manageing of the places of the lord admirall , and lord warden of the cinque-ports , in a committee of lords and commons . it is this day ordered by the lords and commons in parliament assembled , that algernon , earle of northumberland ; philip earle of pembrooke and mountgomery ; robert earle of essex , robert earle of warwicke ; william viscompt say and seale , dudley lord north , denzill hollis , esquire ; sir walter earle , sir christopher wray , sir philip stapleton , sir iohn evelyn iunior , iohn selden esquire , doctor thomas eden , bulstrode vvhitlocke , giles green , john lisle , iohn roll , and alexander bence , esquires ; shall bee a committee of lords and commons , and they , or any five of them sitting , the committee are hereby authorised and inabled , to doe and execute , all such things as appertaine to the office of lord high admirall of england , and lord vvarden of the cinque-ports , in as ample manner , and to all intents and purposes , as the lord high admirall , or lord warden of the cinque-ports , have used and ought to doe for the good and safety of the kingdome , and due government of the affaires and persons belonging to the said offices , vvhich committee have power and authority to nominate and appoint , all commanders and officers to be imployed in the admiralty and navy , and to present them to both houses for their approbation . provided , and it is hereby ordained , that this ordinance , and every clause therein contained , shall remaine and be in force , untill the first day of october next comming , and no longer . . april . ordered by the commons assembled in parliament , that this order bee forthwith printed and published . london , printed for edward husband , aprill . the . . three speeches spoken in gvild-hall concerning his majesties refusall of a treaty of peace and what is to be done thereupon / two of them spoken by the lord brook and one by sir henry vane on tuesday the of novem. ; also votes of the houses of parliament made on munday the of novem. and read in guild-hall on tuesday the of novem. . brooke, robert greville, baron, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing b ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing b estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; :e , no ) three speeches spoken in gvild-hall concerning his majesties refusall of a treaty of peace and what is to be done thereupon / two of them spoken by the lord brook and one by sir henry vane on tuesday the of novem. ; also votes of the houses of parliament made on munday the of novem. and read in guild-hall on tuesday the of novem. . brooke, robert greville, baron, - . vane, henry, sir, ?- . p. printed by j. f. for peter cole ..., london : . reproduction of original in thomason collection, british library. eng great britain -- history -- civil war, - -- sources. great britain -- politics and government -- - -- sources. a r (wing b ). civilwar no three speeches spoken in guild-hall, concerning his majesties refusall of a treaty of peace, and what is to be done thereupon. two of them s brooke, robert greville, baron c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - daniel haig sampled and proofread - daniel haig text and markup reviewed and edited - pfs batch review (qc) and xml conversion three speeches spoken in gvild-hall , concerning his majesties refusall of a treaty of peace , and what is to be done thereupon . two of them spoken by the lord brook , and one by sir henry vane , on tuesday the . of novem. . also , votes of the houses of parliament , made on munday the . of novem. and read in guild-hall on tuesday the . of novem. . london : printed by i. f. for peter cole , and are to be sold at his shop at the sign of the gloye and lyon , neer the royall-exchange . . the lord brook his speech . my lord maior and aldermen , and the rest of the gentlemen all here assembled , i am to deliver a message to you from the lords and commons now assembled in parliament ; but before i shall do that , shall crave leave to excuse something that hath hapned : there should have been divers lords , and some gentlemen of the house of commons here , far fitter to have done this work , that is now put upon me , if they could possibly have attended the service , that were appointed by the house , as the lord generall of the horse , the earl of bedford , and some other lords , but you will all conceive , that they being all men imployed in the army , they could not attend this your service , but they are about your service , and the good of the kingdom , which is giving order for your safety , and theirs ; and therefore i hope you will take it in good part , that there is no other appearance here . gentlemen , that i have to say to you , in short is this , i suppose at this time of action , you will not expect long prefacings ; if you do , i am the unfitteast man in the world to do it : i shall therefore shortly deliver my message ; i doubt not but you have heard some whisperings of an accommodation , no doubt of that , and no man that is an honest man , a religious man , a freeman , that loves religion , and the kingdom , but would have an accommodation , for nothing is more miserable , and nothing is more distracting then war , but that an accommodation should come upon terms ignoble , and disadvantagious , that never was in the thought of either house ; and i hope never will be ; and i am to tell you , never shall be : i am at this time to intreat you , in the name of both the houses of parliament , to go on couragiously , and fight , and prepare your selves for that that is at hand ; we hear , the enemies approach neerer every day , who aim at nothing else , but to swallow up our religion , lives , liberties , and estates , and therefore it becomes you to labour to defend them all . i have more to say , but it is better said here , they are the votes of the house of the lords and commons , i desire they should be read unto you , and therein you will fully understand what their sense is , munday , . novemb. . the question being put , whether a safe conduct shall be accepted upon these terms ? it past with the negative . lord brooks . that was in the house of commons , the meaning of this vote is , there was a safe conduct sent by his maiesty , to six persons ; two of the house of lords , viz. the earl of pembroke , and the earl of northumberland ; and four of the house of commons ; among these there was one sir iohn evelin of wiltshire , the king would not let him have a safe conduct , because he was one that was named by him a traitor the day before , and that was ( as is thought ) done on purpose to take him off from being one ; therefore the house of commons did look upon that , as that he could not have a safe conduct : this vote of theirs was presented to the house of the lords , and they concurr'd with it . resolved upon the question ; that this house holdeth that to be a deniall of his majesty , and a refusall to grant a treatie to the parliament , in excepting against one of the messengers that was to present a petition to his majesty from both houses to that purpose , and denying to grant them a safe conduct . resolved upon the question ; that committees of both houses shall be appointed to go to the city of london , to acquaint the common hall with all the wayes the parliament hath used to procure a treaty for a peace , and could not effect it , and to quicken them to a resolution of defending and maintaining their liberties , and their religion , with their lives and fortunes ; and that they have appointed a committee to prepare a declaration upon this deniall of his majesty , to admit such members as were appointed by both house to present a petition to his majesty for a treaty , and of his majesties expressing his willingnesse to receive a petition from the rebells in ireland . lord brooks . heere is one thing more ( gentlemen ) that is worth your taking notice of , this is so well said , i shall not need to say it over again , onely here in the latter end you see , there is a committee appointed to come hither to give you an account of the reasons mooving them on to this action , and to shew you all the wayes they have used ( if it were possible ) to have procured a treaty for a peace : onely here is one thing in the end is very remarkeable , which you may very well take notice of , his majesty will not , but upon termes altogether unfitting , accept of any treaty from us , but at the same time is willing to receive a petition from the rebells in ireland ; we are no rebels , but dutifull in all we do , they are rebells and traytours in the judgement of all men , and yet he will receive no petition from us , but he will receive a petition from them . sir henry vane junior his speech . my lord maior , and aldermen , and the rest of the gentlemen here assentbled , it is not unknown to you , with what difficulties , with what dangers both houses of parliament have a long time conflicted , for to bring the liberties , and the religion , and the welfare of this kingdom into such a posture , as might give all the inhabitants thereof full satisfaction : it is not unknown likewise , how busie the enemies of this great work have been , to cast scandals , to cast false aspersions upon the proceedings , upon the carriages of parliament ; they therefore thought fit ( that they might undeceive all persons of the greatest malice , and of the greatest opposition , of their endeavours ) not long since to frame a petition , a petition full of humility , a petition full of modesty , whereby they did desire his maiestie , that they might apply themselves to make propositions to him , as might effect this great work : this petition , that it might be delivered , they thought fit for to name ( as this noble lord hath told you ) six persons , two of the lords house , and four of the house of commons ; men that they though altogether without the least scruple , without the least exceptions , knowing that nothing in the carriage of these persons could render them liable to exception , but their duty , and their observance to the commands of both houses ; when that these persons , the names of them were sent to his maiestie , for to have safe conduct , immediately , i think the very day before , there came out a proclamation against one of them , excepting him out of the grace and favour of his maiesty , ( as it is termed ) and laying him in the condition of a rebell , and of a traytor against him , for the obedience , and the observance of that he had performed to the commands of parliament : this being brought to both houses , they looked at it as a businesse of such great importance , that if they should suffer any one member , or any one person , that through his dutifulnesse and observing of their commands , should lye under a cloud with his maiesty , should not be admited to his presence , but be looked at in such a condition , as this proclamation put him in ; they looked at it as the greatest indignity , and the greatest calumny that could befall a parliament , and the greatest discouragement that should lye upon all men to stand to a parliament , if they should not be defended and protected . hereupon they resolved to declare , that the unwillingnesse lay not in them to make peace , but it lay in that ill counsell , and that desperate counsell that hath hemm'd in his maiesty , and will not suffer such points , will not suffer such propositions as these to take effect with him , but will labour to destroy all the estates and properties , and all that is neer and dear to you in this kingdom ; therefore the house of commons have thought it fit to acquaint you with these proceedings , to let you know how carefull they are by all good wayes , and by all good means to present their loyalty , and duty to his maiesty , to take care of themselves , and all that belongs to you ; but when they see all will not take effect , they doubt not but you will ioyn cordially , and ioyn resolutely , with your purses , with your endeavours , and all that lyes in your power , to acquit your selves like men , to defend your selves , to defend them that have labour'd in your work , in your cause , and who are willing to spend their lives and blood in your service to the utmost man ; therefore they desire this of you , that since they have taken this care , that you will hearken to no reports that shall tend to the disparagement of their proceedings ; but will unanimously concur , to defend your selves against that violence and oppression , that is now almost at your doors ; and this is that we have to recommend to you . the lord brooks his speech . gentlemen i have but one word more to trouble you with ; this noble gentleman sir henry vane hath expresst so fully all that was in the message , that truly i should wrong him and my self too , if i should say any more ; therefore i shall now s●eake to you of another thing it ● is not fit any thing concerns you should be concealed from you : i came this day to this place , to this house about another businesse , i have already communicated to my lord maior , and the aldermen , and the committee , i think it will not be unfit you should know it ; i have the consent of some that understand this businesse very well to this i now shall do ; gentlemen the message was this , it was a message from his excellencie , it is to let you know how neer the danger is at hand , that so you may gird up the loynes of your resolution , and do l●ke men of courage ; gentlemen , citizens of london , ( better then whom , no man did in that army we had abroad ) the enemies , the foot as we understand are very neer stains , the horse they are about kingston , we cannot tell you that all are there , but ●●at there are both horse and foot too , and it is certain our foot are going to it , so that the question is now , what is to be done ? certainly , this is a certain truth among all souldiers , that you mnst keep evill as farre off you as you can , you must not let it come neer your doores , you must not think to fight in the sights , and teares , and eyes , and d'stractions of your wives and children , but to go out , and meet it valiantly as you have done : god hath shewed himself a god of love and mercy , and truly we must give him all the honour of that day , certainly it is the greatest victory that ever was gotten : neer . ( i love to speake with the least ) on their side slain ; and i am confident not on our side , unlesse you will take in women and children , carmen and doggs ( for they slew the very dogs and all ) if you take in women children and carmen and dogs , then they slew about . but that a should be slain on one side , and . on the other side , is a very miraculous thing ; he that dealt so wonderfully heretofore , it were to distrust him , if we did not think he would do so again . truly he hath a people among us exceedingly beloved , and what is it we fight for ? it is for our religion , for god , for liberty and all , and what is it they fight for ? for their lust , their will , for tyrranny , to make us slaves , and to overthrow all ; gentlemen , me thinks i see a face , and spy you ready to do any thing , and the generalls resolution is , to go out to morrow , and do as a man of courage and resolution , and never man did like him , for he was not only generall , but common souldier , for he led up his own regiment , and he led up his own troop with his own person , and when the left troops of horse deceived him , he brought up the right troops ; he himself will go out again and do again as much as he hath done , and all this is for your sakes , for he can be a free-man , he can be a gentleman , he can be a great man , go where he will , therefore it is onely for your sakes ; he is resolved to go out tomorow , his forces are weary , his forces are spent , some came but last night into town , some marched miles march which is a great march ( as some that know what it is can tell ) but as weary as they are , he is resolved to go out , but if you will affect the cause , and ioyne with him , hand and heart and sword , he will take it for a savour , but if you will not he doubts not but gideons sword will do the work alone ; i speake not it that i doubt you , but that you would resolve , that when you here the drums beate , ( for it is resolved that the drums shall beat to morow , our drums shall beat to lead out our men , and the committees drums shall beat to lead out their men ) say not ( i beseech you ) i am not of the trained-band , nor this , nor that , but doubt not to go out to worke and fight couragiously , and this shall be the day of your deliverance . finis . a letter agreed unto and subscribed by the gentlemen, ministers, freeholders and seamen of the county of suffolk presented to the right honorable, the lord mayor, aldermen, and common councell of the citty of london. assembled, january th . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing l thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) a letter agreed unto and subscribed by the gentlemen, ministers, freeholders and seamen of the county of suffolk presented to the right honorable, the lord mayor, aldermen, and common councell of the citty of london. assembled, january th . city of london (england). court of common council. sheet ([ ] p.) printed for thomas dring, london : . [i.e. ] praying for a free parliament. annotation on thomason copy: "jan: ." reproduction of the original in the british library. eng england and wales. -- parliament -- early works to . great britain -- politics and government -- - -- early works to . suffolk (england) -- history -- th century -- early works to . a r (thomason .f. [ ]). civilwar no a letter agreed unto and subscribed by the gentlemen, ministers, freeholders and seamen of the county of suffolk. presented to the right hon city of london a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion a letter agreed unto and subscribed by the gentlemen , ministers , freeholders and seamen of the county of suffolk . presented to the right honorable , the lord mayor , aldermen , and common councell of the citty of london . assembled , january th . right honorable , please you to accept this paper as a testimony , that we are highly and gratefully sensible of those breathings and essaies towards peace , which your renowned city has lately declared to the world : and we earnestly wish , that our serious and unanimous concurrence , may ripen them to a perfect accomplishment . we are willing to consider it as an omen of mercy , when we observe the nation in generall , lifting up its vowes to heaven for a free and full parliament . 't is that alone , in its genuine sense , which our laws prescribe and present to us , as the great patron and guardian of our persons , liberties , and proprietics , and whatsoever else is justly pretious to us . and if god shall , by your hand , lead us to such an obtainment , after-ages shall blesse your memory . 't is superfluous to spread before you , your merchandise decay'd , your trade declin'd , your estates wither'd . are there not many within your walls , or near them , that in your ears deplore such miseries as these ? your lordship may believe , that our prayers and persons shall gladly promote all lawfull means for our recovery . and we entreat , that this cheerfull suffrage of ours may be annex'd , as a labell to your honourable intendments . this letter was delivered according to its superscription , by robert broke , philip parker , and thomas bacon , esquires . london , printed for thomas dring . . an ordinance of explanation touching treasons england and wales. lord protector ( - : o. cromwell) this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing c a thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) an ordinance of explanation touching treasons england and wales. lord protector ( - : o. cromwell) england and wales. council of state. sheet ([ ] p.) printed by william du-gard and henry hills, printers to his highness the lord protector, london : [i.e. ] order to print dated: fryday, february . . signed: hen. scobell, clerk of the council. reproduction of the original in the british library. eng treason -- england -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no an ordinance of explanation touching treasons. england and wales. lord protector a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion blazon or coat of arms an ordinance of explanation touching treasons . whereas by an ordinance , entituled , an ordinance declaring that the offences therein mentioned , and no other , shall be adjudged high treason within the common-wealth of england , scotland , and ireland , it is , amongst other things , ordained and established , that no matter , fact , crime or offence whatsoever , other than such as are therein mentioned and expressed , should be deemed , taken , or adjudged to be high treason ; and whereas some doubts and question may arise , whether that clause in the said ordinance doth not extend to the offences mentioned in the instrument , entituled , the government of the common-wealth of england , scotland , and ireland , and the dominions thereto belonging , and which are thereby declared to be high treason ; for clearing thereof , and removing all scruples thereupon , his highness the lord protector , by and with the advice of his council , doth declare and ordain , that neither the said ordinance , nor any clause or thing therein contained , shall extend or be construed , adjudged or taken to extend unto all or any the offences declared by the said instrument to be high treason , but that all and every the said offences are hereby adjudged , and shall be adjudged , taken and deemed to be high treason , and that all and every the offendor and offendors shall suffer the pains and penalties of high treason , the said ordinance , or any thing therein contained to the contrary , in any wise notwithstanding . fryday , february . . ordered by his highness the lord protector , and his council , that this ordinance be forthwith printed and published . hen. scobell , clerk of the council london , printed by william du-gard and henry hills , printers to his highness the lord protector , . certain disquisitions and considerations representing to the conscience the unlawfulnesse of the oath, entituled, a solemn league and covenant for reformation &c. as also the insufficiency of the arguments used in the exhortation for taking the said covenant. published by command. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing c a). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing c a estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) certain disquisitions and considerations representing to the conscience the unlawfulnesse of the oath, entituled, a solemn league and covenant for reformation &c. as also the insufficiency of the arguments used in the exhortation for taking the said covenant. published by command. barwick, john, - . [ ], , [ ] p. printed by leonard lichfield printer to the university, oxford [i.e. london] : . by john barwick, with the assistance of william lacey, isaac barrow, seth ward, edmund balders, william quarles, and peter gunning. the imprint is false; printed in london (madan). annotation on thomason copy: "said to be written by the universitie of cambridge"; "aprill th". reproduction of the original in the british library. eng solemn league and covenant ( ). -- early works to . covenanters -- early works to . great britain -- politics and government -- - -- early works to . a r (wing c a). civilwar no certain disquisitions and considerations representing to the conscience the unlawfulnesse of the oath, entituled, a solemn league and covena lacey, william d the rate of defects per , words puts this text in the d category of texts with between and defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - tcp staff (michigan) sampled and proofread - tcp staff (michigan) text and markup reviewed and edited - pfs batch review (qc) and xml conversion certain disquisitions and considerations representing to the conscience the unlawfulnesse of the oath , entituled , a solemn league and covenant for reformation &c. as also the insufficiency of the arguments used in the exhortation for taking the said covenant . published by command . oxford , printed by leonard lichfield printer to the university . . certain disquisitions and considerations representing to the conscience the unlawfulnesse of the oath , entituled , a solemn league and covenant for reformation , &c. we noblemen , barons , knights , gentlemen , citizens , burgesses , ministers of the gospell , and commons of all sorts in the kingdoms of england , scotland , and ireland , by the providence of god living under one king , and being of one reformed religion , having before our eyes the glory of god , and the advancement of the kingdom of our lord and saviour iesus christ , the honour and happinesse of the kings majesty , and his posterity , and the true publique liberty , safety and peace of the kingdoms , wherein every ones private condition is included , and calling to mind the treacherous and bloody plots , conspiracies , attempts , and practices of the enemies of god against the true religion , and professours thereof in all places , especially in these three kingdomes ever since the reformation of religion , and how much their rage , power , and presumption are of late , and at this time increased and exercised ; whereof the deplorable estate of the church and kingdome of ireland , the distressed estate of the church and kingdome of england , and the dangerous estate of the church and kingdome of scotland , are present and publique testimonies ; we have now at last , ( after other meanes of supplication , remonstrance , protestations , and sufferings ) for the preservation of our selves and our religion from utter ruine and destruction , according to the commendable practice of these kingdomes in former times , and the example of gods people in other nations , after mature deliberation , resolved and determined to enter into a mutuall and solemn league and covenant , wherein we all subscribe , and each one of us for himself , with our hands lifted up to the most high god , doe swear : seeing it hath pleased the composers of this covenant to set it forth with an introduction , which containes that which ( it seems ) prevailed with them , and they expect should work upon the three kingdomes to take the following covenant ; it will be behoofefull in the first place to reduce the conscience to a cleare and strict examination upon the contents of this introduction ; and then if it shall find that all things therein be true , and withall sufficient to that end for which they were premised , ( viz. to inferre a necessity of swearing to all things contained in the following articles ) the conscience will be directed to follow that dictate : but if it fail in either of those , we must betake our selves to other considerations to be guided by . we will therefore sincerely propound the contents of the preface , as neer as may be according to its method , joyning together matters of the same kind : and then we shall find the discourse of the preface to be resolved into these principles . . the glory of god , the advancement of the kingdome of iesus christ , the honour and happinesse of the king &c. are to be aimed at and endeavoured . . especially when they are endangered . . the meanes therefore necessary towards those ends are to be used , which are either supplication , remonstrance &c. or making warre . . the former are first to be used , but if they faile , then the latter . these are the universall maximes , whereon ( by application to the present condition ) the taking of the covenant is enforced : the three first then being granted , they subsume , that having used the former , and failing of successe , we are all necessitated to use the latter , viz. to swear to joyn with the scots in armes , which is the generall , and to those particulars after mentioned in the articles . that such joyning in armes is the generall end of the covenant , will appeare by comparing the sixt article of the covenant for mutuall assistance and defence of one another , with the article of the instructions , wherein the imposers of this oath appoint to be read ( publiquely at the time when the covenant is read ) the declaration of the kingdomes of england and scotland joyned in armes for the vindication , &c. in which declaration , the taking this covenant is made one of the grounds both of their confidence ( as they say ) that this warre wherein they are so deeply engaged is of god , and of their resolution ( which they professe ) with courage and constancy unto the end to doe their part . whosoever therefore is not perswaded in his conscience , either that all these meanes mentioned , and all other such like have been used , and have been rejected ; or upon supposition that they had , yet doubts of the consequence ( viz. that such an army may be leavied , and such a warre managed ) cannot without deadly sinne ( though disengaged from oaths for any of the following particulars ) upon the former principles take this covenant . but not to insist hereon , we will briefly run over the severall places of the preface , and consider the naturall intimations from them ; onely supposing for example , the end of this covenant to be the assistance , or at least , consent in this present joyning in armes , applying it to men of the church of england . i , a. b. living under the king . ] this cannot reasonably be a motive to warre , but obedience to him ; nor a motive to enter into a publique league , oath and covenant not prescribed by law , without him , much lesse against his expresse proclamation ; forasmuch as an oath for confirmation ( either assertory or promissory ) is to men for an end of all strife : and a publique oath propounded to a nation or nations , is for the ending of publique strife and divisions : and of any publique strife of a nation or nations , under one king ( properly so called ) the king is the supreame iudge in all causes , as well ecclesiasticall as civill ( as is evident by the law of god , pet. . and to us moreover by the law of the land , h. . c. . by the doctrine of the church of england art. . the book of homilies , and establish●d oaths of allegiance and supremacy . ) and therefore such an oath and covenant may not be entered into without and against the allowance of the king , who is the supream judge even in the supream judicatory it selfe . being of the reformed religion ] established in the church of england , the very marke and character of which , as differenced from popery and other sects , hath been chiefly , that it hath alwaies maintained , that it is not lawfull in any case ( not in the danger of their religion ) for subjects to take up armes against their lawfull soveraign . having before my eyes the glory of god , and the advancement of the kingdome of iesus christ . ] here the consideration of the mind requisite towards the judgement of conscience will be this ; whether by this warre , considered with its circumstances , the glory of god , &c. is more apt to be advanced then by peace : wherein , although reason might easily conclude , yet it will be much more certainly guided , if we shal examine those precepts which christ and his apostles have laid down , towards the accomplishment of those ends here proposed , and try whether they doe suggest or intimate any thing towards such a warre ; if they doe not ( or if the contrary ) the conscience having before its eyes the glory of god , &c. will not be induced to take this course for the advancement of it . for the rectification of conscience in this case , it will be requisite to consider this warre to which we are enjoyned to contribute , by whom and against whom it is undertaken : where , if the conscience finde it to be unlawfull in the undertaking , it cannot lawfully consent or assist , viz. if it be no waies lawfull for such as we are moved to joyne with , to take up armes against such as we should be sworne to oppose ; if it might possibly be lawfull in the first undertaking , it could no otherwise be but as it should be a necessary meanes to procure a just peace ; and the determination of conscience in this case will depend upon the consideration of the conjunctures of things at the undertaking , and all the time of the continuance of this warre : and if peace with truth might have been , or may be established without it , ( much more if this means shall be found opposite ) the conscience cannot without sin assent to this warre : here the mind is to examine the severall propositions , motions , overtures , &c. which have been and are made by both parties , and according to them to judge . the happinesse and honour of the king and his posterity . ] here we are to consider , whether , or what this action of ours will contribute towards the honour and happinesse of the king and his posterity . and because it is not easie to discover any foundation of such honour and happinesse &c. besides , that the managers of this party with whom they would have us to joyne , have never particularly declared the way how these ends shall be or are advanced by their warre ( although it is one of their most common expressions : ) the safest way ( at least the most naturall ) for the conscience is to raise a judgement of what is likely to ensue upon what hath preceded ( since these undertakings ) upon the same principles : where it is to consider , whether his honour or contumely have beene increased by and since these warres . and so for the happinesse of himselfe and his posterity , consider whether if these men be upon the same designe with those who gave him battell at edge-hill , newbery &c. what those designes made towards the happinesse of him , and his posterity . the true publike liberty , safety , and peace of the kingdome ] if the scots ( to whose assistance especially we are to be sworn ) should not hereby be able to conquer and prevail , what will our taking of the covenant advance the publike liberty and peace of the kingdom , according to the conceit of the enjoyners of the covenant ? if they should , consider how that can conduce to our liberty , unlesse thereby be meant freedom from our ancient laws , and from the setled happy government of church and state , whilst we may fear to be put under uncertain new ones ? secondly , safety , whether the danger of ruine doe not outweigh or equalize the hopes of safety . thirdly , peace , whether this be the onely , the likeliest , or indeed any probable meanes of procuring peace ? seeing there are but two wayes obvious by which this course should procure it , viz. victory , or reducing the king to yeeld to their desires . here the judgement of conscience will be grounded upon this , whether the king be no way but by force inclinable to a just peace ? wherein every ones private , &c. ] this is subordinate to the former immediately preceding . calling to minde the practices of the enemies of god against the true religion , &c. ] here we are to consider and reckon up , who and of what sorts are the enemies of the church of england , of which we are , and which is established by law , to which we have subscribed , and what party in this quarrell is openly professed for it , hath equally declared against all sorts of its enemies , and which is not ; and accordingly , &c. whereof the deploreable estate of ireland , &c. ] consider whether the true cause of this is to be referred ( both in the rise and progresse of it ) to the king , or the malice of the papists stirred up by those who ( they say ) had declared an intention of their utter extirpation ? and secondly , where afterward the impediment of succour to those of our religion lay ? the distressed estate of england ] whether that profession which is established by law , be distressed by the king or by sectaries ? the dangerous estate of scotland ] wherein was their danger after all things were setled with them and who brought them into that danger ? that party which we should swear against , or themselves ? after other meanes of supplication , remonstrance , protestation , and suffering ] this which is here di●joyned from the rest of the motives , and cast into a parenthesis , is indeed made the onely foundation of this way of proceeding , and puts the onely case wherein such a way of covenanting , &c. can be imagined to be lawfull : so that if these meanes have not beene both before , and ever since the undertaking of this designe sincerely and effectually endeavoured ( by the intimation of this introduction it selfe ) this course is not warrantable ; and there are other principles of scripture and our religion which are to be examined if they have beene used such as inferre , that it is not lawfull in any case whatsoever to resist with arms the lawfull power by god set over us . now whether these means have been and are to used , it will best appear by considering who hath sent the messages for treaty towards peace , what hath been declared by both parties of certainty , and particularly touching religion , law , and proviso's for tender consciences ; and comparing together the severall remonstrances , protestations , and sufferings . though all hitherto had beene used and rejected , consider if the overture now lately made by the kings party , might not ( by the mercy of god ) be a meanes to produce peace &c. if the businesse be managed as it ought . and according to the results of these the conscience must conclude . for the preservation of our selves and our religion ] the religion wherein we are grounded and to which the clergy hath subscribed , in the religion of the church of england comprised in the liturgy , articles , book of ordination , and homilies of our church , confirmed by our . article : consider whether the covenant be a meanes ordered in reason to preserve these from ruine . according to the commondable practice , &c. ] if this kingdome have done so , that cannot resolve the conscience : but consider whether ever in the like case the like warre was commenced ; if any one had been propounded , the conscience would the more easily have determined ; but seeing there hath not , it must run over the chronicles . in the meane time in such cases as are found , it may anticipate instances to the contrary ( as in queen maries dayes and those of henry the . when there was more just reason in respect of religion , if there might be any , then now is alleaged ) and other arguments , such as the doctrine of the church of england ever since the reformation , and the like , to equipoize this which is asserted gratis ; and if after disquisition this be not found true , the conclusion of the conscience will be according to those premisses . according to the example of gods people , &c. ] this is of the same nature with the former warrant , and therefore the conscience upon this may proceed as upon that , seeing they have not set downe which of gods people in any age or place , upon the like causes have taken the like course ; till this be represented to the conscience , the safest way will be to examine what our saviour himself , and the apostles , and primitive christians ( who were assuredly gods people ) did hold and practice for doctrine and example in the like ( if there have ever been ) or a worse case them is proved or pretended . and if they have not resisted ( or held it lawfull ) their princes in the greatest persecutions and utmost danger of religion , and all that could be dear unto them , it may raise a conclusion , ( till some stronger reasons can be presented , or the errour of these be cleared and taken off ) what is to be done when we are required to assist a warlike entrance of subjects ( with all the other circumstances which attend this action of the scots ) made onely upon a beleeved charity of helping their neighbours . the summe of all is , that if all and every of the materials of this preface ( in as much as concernes the premisses ) were true , our consciences cannot assent to the consequence , that it is lawfull for us as subjects of the church england ( though we had not sworn or subscribed to some particulars , against which some of the articles are contrived ) to assist the scots , or consent to them in this warre , which assistance is the generall end of this covenant . secondly , there is not any one member which doth conclude any thing to our consciences to move us to take it , neither in the complication doe they conclude . thirdly , there is not any particular member of it which doth not either directly , or by considerations naturally suggested by them and altogether unforced , prevaile with us to the contrary . so that till every one of these obstacles and scruples be taken off , we cannot without violence to our consciences take this oath : that we shall sincerely , really , and constantly , through the grace of god , endeavour in our severall places and callings , the preservation of the reformed religion in the church of scotland , in doctrine , worship , discipline and government , against our common enemies ; the reformation of religion in the kingdoms of england and ireland , in doctrine , worship , discipline and government ; according to the word of god , and the example of the best reformed churches : and shall endeavour to bring the churches of god in the three kingdoms , to the neerest conjunction and uniformity in religion , confession of faith , form of church government , directory for worship and catechizing ; that we and our posterity after us may as brethren live in faith and love , and the lord may delight to dwell in the midst of us . in the first article are we to be sworne to endeavour the preservation of the doctrine , worship , and discipline of the church of scotland absolutely , or with this added as a restriction , against our common enemies ? by whom doe we not rightly conceive to be meant the common enemies to the churches of england , scotland , and ireland ? that those words , [ against our common enemies ] are to be taken restrictively it may be thought , because they otherwise should have been vainly added ; and that by common enemies those are meant , the necessity of the grammaticall sense implies ; there having preceded no other division , to which this community can referre , besides that of england , scotland and ireland , in the preface . so that the word our must referre to we in the beginning of the preface , whose onely distribution which can referre to common here , is that of the kingdoms of england , scotland and ireland . is not therefore the true sense of this part of the article this , viz. i will sincerely , really , constantly , through the grace of god , in my calling against those who are enemies ( for example ) both to the articles of the church of england , and those of scotland , both to our liturgy and their directory for worship , both to our church-government and to presbyteriall government , endeavour to preserve their articles , manner of worship and presbytery ? if thus it be , these things are to be considered ; if the imposers of this oath are assured in their conscience , that the doctrine , worship &c. of the church of scotland , can infallibly be proved out of the word of god , why would they have us sweare to endeavour ( in our calling of the ministery ) to preserve it with a restriction against some men onely , and not absolutely and indefinitely ? whether is this so free from the scandall of respect of persons , as an oath for the impartiall defence of truth doth require ? if they doubt it cannot be infallibly proved , how can our brethren of scotland , without spirituall tyranny , desire an oath to be imposed upon us ministers of the gospell of another church , to endeavour sincerely , really &c. in our calling ( viz. by preaching , disputing , or otherwise ) the preservation of it thus far ? secondly , how can we take an oath to endeavour the preservation of that doctrine which we neither know what it is ( as it now stands ) nor are told in any declaration or exhortation to us ? nor were bound to know or search ( no opportunity offering it self ? ) how then can this oath be by us taken in judgement ? or since we doubt thus , though in generall , how can it ( not being of faith ) be other then sinne ? whether are we not , if any thing shall be by us hereafter found in the doctrine of scotland contrary to sound doctrine , bound to endeavour by the second article to extirpate it , and by the first to preserve it ? as for their discipline and government , so much as we understand of it ( though otherwise we never interposed , yet being now called to give our consent to it , or reason to the contrary ) we professe it to be such as that we dare not binde our selves by oath to endeavour its preservation constantly and indefinitely , for all time to come , till it be evidenced unto us that it hath been in any time before untill this our last age . if it shall here be replyed , that we are required to endeavour the preservation of their doctrine , worship , discipline and government , onely against our common enemies , that is , of us of the churches of england , scotland , and ireland , and so the preservation of it onely so farre as we all agree ; this we cannot conceive to be the adequate sense of those words , especially according to the intention of the imposers . for it is clear ( as we have already touched ) that our common enemies are not onely they who are adversaries to us in that wherein we all three doe agree , but those also who in such things wherein we differ amongst our selves , are yet by opposing themselves to us all , our common enemies ; against whom therefore by this oath we should be bound to preserve to each that also wherein we differ amongst our selves . moreover , that that sense is neither the onely , nor the chief sense intended by the imposers , we have cause to think : because if so restrained , our brethren of scotland ( in favour of whom we conceive this part of the article to have been proposed ) would be no whit secured against the fears of innovations from england , if we were onely sworn to preserve unto them those things wherein we all agree at the entring this present league and covenant . thirdly , we desire to know why our brethren of scotland should desire it to be imposed upon us by oath to maintain the articles of their religion , so far forth as hath been said , since our mother the church of england never yet hath imposed upon us by oath to preserve her own known articles , but hath testified her moderation to all , in that she hath required subscription onely of all men which were admitted into holy orders , or ecclesiasticall benefice , or to degrees in the university ? and yet this was lately judged , since the sitting of this parliament , to be too harsh an imposition upon younger students at their admission to degrees , and the urging of it suspended . and we know not whether ever it was in use before this age , even in any not corrupted church , to command men to swear the maintaining the articles of their religion , much lesse their discipline and church government . as to the second thing in this first article to which we are to swear , how can any who are perswaded that there is nothing in the doctrine of the church of england , which is not consonant to the word of god , without vanity swear to endeavour the reformation of it according to the vvord of god ? especially since we have lately protested to defend that doctrine of the church of england ? and how can any who reverently beleeve this church to be in respect of her doctrine , worship , discipline , and government established by law , no lesse perfect then any of the reformed churches , swear to endeavour its reformation in all those , according to the example of the best reformed churches ? and here by the way we cannot but take notice that this part of the article is so framed , as if there were nothing in the doctrine &c. of the churches of england and ireland to be preserved , and nothing in theirs of scotland to be reformed . moreover , the best direction for conscience in examining what is here meant by reformation , will be to consider those instances wherein in the following articles is declared the reformation , and then if perswaded that there is any thing there exprest ( as instances of reformation ) which is not according to ( much more if against ) the word of god , how can we take this part of the oath , at least in the sense of the imposers ? as touching the third thing , an endeavour of uniformity &c. the considerations for direction of conscience will be the same with the second : for we are required to swear to endeavour an uniformity , and that in the reformation before mentioned , and after that reformation ; so that in whatsoever sense or kind the reformation by them mentioned , and after described , is not to be undertaken , in the same our endeavour for uniformity is not lawfull . lastly , in the taking of this first article , we should ( as we conceive ) make our selves guilty either of rash swearing , or of perjury ; and that from the necessary consequence of the complication of these two clauses , wherein first we should swear to preserve the reformed religion in the church of scotland , in doctrine , worship , discipline , and government against our common enemies . and secondly , to bring the churches of the three kingdoms , to the neerest conjunction and uniformity in those particulars among ourselves : if we endeavour in our callings ( but by prayer ) to alter any thing in the church of scotland , wherein our enemies are theirs also ( though therein we differ amongst our selves ) we commit perjury , because we swear to preserve it . to effect therefore the neerest uniformity in those particulars in the three kingdoms , we are sworn to endeavour to bring the other two kingdoms to the neerest conformity to the church of scotland . now how can we swear to regulate by a rule , and to reform by a form , which we fully know not , ( and much lesse know to be a fit rule or form ) without rash swearing ? sure we are , we cannot swear it in judgement , and for ought we know , not in righteousnesse . that we shall in like manner , without respect of persons , endeavour the extirpation of popery , prelacy , ( that is , church-government by archbishops , bishops , their chancellours and commissaries , deans , deans and chapters , arch-deacons , and all other ecclesiasticall officers depending on that hierarchy ) superstition , heresie , schisme , prophanenesse , and whatsoever shall be found to be contrary to sound doctrine , and the power of godlinesse ; lest we partake in other men sins , and thereby be in danger to receive of their plagues , and that the lord may be one , and his name one in the three kingdoms . how can we swear to this part of the covenant , who doe believe that to endeavour the extirpation of church-government by bishops is an act utterly unlawfull for all severall places and callings ( and especially ours ) by the law of god and this land , and to swear it much more sinfull . and are we not here bidden to covenant and swear to endeavour the extirpation of church-government by bishops ? to us either the words are ambiguous , ( and to ambiguities we may not swear ) or rather ( for we are loath to charge the words with ambiguitie ) the grammatical sense ( according to which the oath is to be taken ) speaks so : for as to what we hear by some said , that onely our church-government in aggregato , by all those governours together in a collective sense taken formally , is to be endeavoured to be extirpated , and not each there mentioned : first , such interpretation given out is private onely , and not by the authority of the imposers ; and secondly , those words [ and all other , &c. ] do manifest that all the formerly mentioned particulars ( in the parenthesis ) are to be construed distributively , so farre forth as to the extirpation of them . to omit that the word prelacy there interpreted more properly agreeth to arch-bishops and bishops , then to the rest there mentioned , and a prelacy they would be without them , because preferred before presbyters : and if it no more were meant to ejure bishops then presbyters or deacons , since as well presbyters and deacons make up part of our church-government , as it now stands in aggregate , whether might this oath be taken , had they also been included ? lastly , is not their practise for whose satisfaction this covenant should be taken a ( added to the common sense of mankind in the like manner of speaking or understanding such speeches ) evidence enough to us that we cannot take this oath and covenant , unlesse we will swear to endeavour the extirpation of church-government by bishops . if this be so , we desire to know , first , whether it be lawfull for subjects to swear such a covenant as directly contradicts the oath of their soveraigne at his coronation , as this second branch of the covenant doth , binding us to endeavour the extirpation of the government of our church by bishops ? for that our soveraign hath taken as contradictory oath is evidently manifest by the last clause of the oath which the kings of england take at their coronation : when after many other gracious promises wch the king makes to his people , one of the bishops reading to the king before the people concerning the canonicall priviledges of the church , and beseeching him that he would be the protectour and defender of the bishops & the churches under their government , the king answereth in these words [ with a willing and devout heart i promise and grant my pardon , and that i will preserve and maintain to you and the churches committed to your charge , all canonicall priviledges , and due law and iustice , and that i will be your pretectour and defender , to my power , by the assistance of god , as every good king in his kingdom in right ought to protect and defend the bishops , and churches under their government . ] then the king ariseth , and at the communion table makes a solemn oath in the presence of the people , to observe the premisses , and laying his hand upon the book saith [ the things which i have before promised , i shall perform and keep , so help me god , and the contents of this book . ] how can this oath then for the extirpation of church-government by bishops be consistent with the oath or honour of our soveraign , which we have so solemnly protested to defend in the late protestation ? how can we with a solemn oath enter into such a covenant to which we may neither swear without our soveraigns consent , nor yet can lawfully desire nor have his consent ? how sad were our condition , were the king willing of himselfe to violate this oath ? but what should we have to answer , should we by taking such a covenant , this way necessitate ( so far as in us lies ) his sacred majesty to violate his oath so solemnly sworn at his inauguration ? secondly , that to endeavour the extirpation of church-government by bishops , is a sin against divine law , all those arguments and authorities convince , which prove that bishops are of apostolicall institution , and unalterable , and consequently divine ; which we shall unfold in these propositions : first , that their institution stands grounded upon our saviours own action and institution of the apostles . secondly , that christ and his holy spirit , by his apostles appointed bishops . thirdly , that christ the sonne of god , and the holy ghost afterward confirmed and approved bishops , and their commission and power which the apostles had appointed . for the first , we say their institution is grounded upon our lords own instituting and ordaining twelve apostles , above seventy disciples ; who saith to these his apostles , as my father hath sent me , even so send i you . a st. joh. . . as in other ends of his mission so how not in this , which we know they did according to his pattern ? as he was sent by his father therefore to ordain one order of teachers of the gospell superiour to another , ( which we know , because he did so ordain . ) so also sent he his apostles to ordain ( which accordingly they did , and whatsoever they did by christs example therein , they did by his commission here given ) in an imparity , bishops succeeding the apostles above presbyters subordinate , as the seventy a . that bishops succeeded the apostles in the ordinary part of their function , as it is the judgement of the most ancient godly fathers , b that bishops , we say as contradistinct to presbyters were the successours of the apostles ; so is it manifest from scripture , since power episcopall , ( as it is now taken in this dispute ) which we shall prove to have been given by the apostles to bishops , and to them onely after the apostles , was undeniably in the apostles , and for a while held in their own hands without communicating it to others . that the bishops were afterwards instituted by the apostles themselves , which so many ancient authous have averred . c and namely by the apostolicall authority of st. paul , and their institution , part of holy scripture is made good , in that the power and office of a bishop ( as the word is now taken in the ecclesiasticall notion ) is prescribed in the three epistles of st. paul , to those two famous church-governours timothy and titus , particularly the office and power of a bishop ( as it is now taken contradistinctly to the office of a presbyter ) in these texts , tim. . . tim. . , , , . . tim. . . tit. . , . tit. . . : ( and some others ) and these texts thus interpreted by antiquity d . and as the office prescribed there is episcopall , so these two appointed to this prescribed office of a bishop by st. paul himselfe , tim. . . tim. . . tit. . . yea by the holy ghost , say chrysost. theophyl , oecumenius : by divine revelation saith theodoret of timothy . and that these two were bishops according to the ecclesiasticall notion of the word now used , ancient fathers plentifully witnesse . b moreover this superiority to office episcopall to have been fixed and continued to the day of death is evident , as from church-history , so also from tim. . . where {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} is the same with {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} in the beginning of the epistle tim. . . and includes in it the whole charge given by st. paul to timothy in this epistle . c from which text also it is manifested , that his office prescribed was not personall onely , but to descend by succession unto the comming of christ d thirdly , this office and power episcopall , that it was afterward approved and confirmed by the sonne of god himselfe immediately , and by the holy ghost , will be proved from revel. c. . & . . & . where by the seven stars , the angels of the seven churches , according to all reason , from the text it selfe , and by the testimony of antiquity e are seven bishops of those seven churches understood ( which ecclesiasticall story mentions to have been in the church long before this time ) as so many angels and apostles f of the churches ; such as was polycarp , the angell , the bishop of the church of smyrna , made bishop of that place by the apostles themselves thirteen yeers before this book of the revelation of st. john was written : and onesimus probably the then bishop , the angell of the church of ephesus . their office , power , and commission are there intimated to have been episcopall , and charged upon them by christ , in that five of the angels are charged as blameable , and accomptable for the faults of both presbyters and people ; and therefore surely were trusted with authority over presbyters and people , to have corrected and censured them . particularly , episcopall power is intimated there , chap. . of the revel. vers. . and that power of excommunication is sufficiently grounded on the verse , mr. perkins in locum , affirmeth . their mission to that office also , as it is there confirmed by the sonne of god , and by the holy spirit : so also , to have been at first from god is in their title implied : for angels sent forth for the churches sake are never said in holy scripture to be any's messengers but gods ; and if his messengers or angels , then sent by him . that their superiority was fixed , not weekly , or annuall , is clear , as from the ecclesiasticall history of polycarp , and onesimus , so also from the text it self , c. . . where the angell of the church of smyrna , as angell of the church , is bidden to be faithfull ( in his office surely ) untill death b . nor was it personall onely but describing the office of the angell of any church ( in like laudable or blame-worthy state ) unto the comming of christ ( as it is implied v. . & . of the second chapter . ) for what is said to them , so long as there is any that hath an eare to hear , he must hear , c. . v. . nor did the personall blameworthy carriage of the angell of the church of sardis , c. . v. , &c. or of the angell of the church of the laodiceans , v. . . hinder christs approbation of their office , who are in regard of their office ( not of their personall excellency ) stiled the angels of the seven churches , and the stars in the right hand of the son of man : both which stiles that they are there singularly appropriated to these successours of the apostles , ought not to seem strange , since the twelve apostles are confessedly meant by the crown of twelve stars , apoc. . . and st paul the apostle of us gentiles , speaks of himself received as an angell of god , galat. . . summarily therefore out of holy scriptures thus we reason , many presbyters and preachers in one church , and one chief , having eminency and power over all presbyters and people therein , proveth the office of a bishop ; but so holy scripture witnesseth were in ephesus , many presbyters , act. . . ( or if they were bishops in the sense now disputed , some of them at least , as irenaeus thought , l. . c. . we need go no further in the argument ) and more afterwards surely , and yet one chiefe pastor or bishop over all , such as was timothy in his time , and the angel of that church ( whosoever he was ) mentioned rev. . . so also in the church of pergamus , there were divers teachers , true and false , c. . v. , . one angel governour in chief , v. . for be it that all the presbyters of each of the churches might well have been called angels c , yet that one among them ( in each church ) in such a compatible community of name is so called by way of eminency , proves an eminency in the one so called : which must either be of personall excellency above all the rest ( and this who can shew us in the angel of the church of sardis , laodicea , or thyatira ? ) or else ( and rather ) of office and power , so as iohn baptist was called an angel , malac : . who was more then a prophet ; and st. paul received as an angell , gal. . . who was more then a minister , and our saviour christ is called michael , apoc. . . with his angels fighting under him . one objection more we shall take notice of , viz. the pretended necessity of understanding by each of the angels there a collective body , from c. . v. . & . but this is manifestly clear to be no necessity at all from the like manner of speaking of the holy ghost chron. . . & to the . compare and judge . and therefore it is not lawfull without any necessary reason , to depart from the literall and determinate individuation of one chief spirituall church-governour , in each of the seven churches : for otherwise , as tertullian speaks lib. de carne christi , cap. . omnia periclitabuntur alitèr accipi quàm sunt , & amittere quod sunt , dum alitèr accipiuntur . yea there is not onely no necessity , but much in the text which doth resist such an interpretation of a collective body : for it should be either an angel put for the whole particular church ; and this cannot be , seeing the angels and the churches are accurately distinguished c. . v. . or an angel put for the whole collection of the presbyters ; but neither may this be admitted , inasmuch as in the same verse the angels are called {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} seven , no more ; and {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} not {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} stars , not constellations , as suidas distinguisheth the words . you have our reasons from these scriptures , why to us it seems that to swear to endeavour the extirpation of church-government by bishops is to swear to endeavour the extirpation of that whose root is in holy scripture ; and to swear to endeavour ( which we tremble to think of ) to wrest these stars out of the right hand of the sonne of man , who is also the son of god . for in his right hand are they held , the angels of the churches , revel. . , . as church-government by bishops hath been evidenced by holy scripture , so was it also the judgement of the ancient godly fathers , that it was an institution apostolicall and divine ; {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} saith theodoret , l. . c. . by st. cyprian , ep. . the power of episcopacy is exegetically called , ecclesiae gubernande sublimis & divina potestas : & epist. . dominus noster episcopi honorem disponens in evangelic . and anon after , ut omnis actus ecclesiae per episcopos gubernetur : cum hoc itaque divina lege fundatum sit , miror quosdam audaci temeritate &c. & epist. . episcopos & praepositos dominus elegit : and anon after , deus episcopos facit . athanasius epist. ad dracontium saith , that he who contemns the function of a bishop , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} and that the office is of those things {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} &c. {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} : ignat. epist. ad magnes . {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} idem ignat , epist , ad ephes. oecumen. c. . in tim. . {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} theophylact. and oecumenius found bishops upon ephes. . . and on hebr. . . oecumenius and nazianzen in apologet . in pet. . vide hegesippum apud euseb. lib. . cap. . and chrysostom . in tit. . hom. . saint ambrose de dignitate sacerdot . c. . & . isidor . pelusiot . lib. . ep. . further , out of the holy scripture we might alledge according to saint hieroms interpretation , that this distinction between the bishops and his presbyters was signified in moses and the . so hierom in tit. . the distinction of presbyters and deacons , to be that which was under the law of the high priest , priests and levites . so s. hieron. ep. . ad nepotianum & ep. ad evagrium ; and before him ignat. ad philadelph . clement . ep. ad . corinth . chrysost. hom. . ad pop. antioch . and after leo ep. isidor . hisp. de officiis , eccles. l. . c. . & . that the eminent dignity and office of bishops was prophecied of , psal. . . where bishops are meant , say s. august . in loc. comment. called s. hieroms in locum . s. cyril . of alex. in loc. theodoret in locum . ruffinus in locum : as the other of presbyters and deacons were prophecied of , isaiah . . and further , for imparity of teachers in the new testament , that answerably to prophets in the old , and sons of the prophets , among some that served in the gospell , some were as fathers , others serving with them as sont . so also that we read of builders and master-builders in gods building , cor. . and we read also among those builders of {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} &c. {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} &c. {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} &c. cor. . . {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} hebr. . . and under them {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} luc. . . but for the confirmation by scripture of the office of a bishop , we adhere especially to the epistles to timothy and titus , and those seven epistles , apoc. , , and . and if it be acknowledged of institution apostolicall , and approved by god but temporary onely , the contrary will be made manifest , as from the proper light of the texts alledged , and from the forecited text , tim. . . so also from this proposition which we avow : no constitution apostolicall received by the universall church perpetually in all ages , unto this age of this controversie , can without scandall and dangerous consequence be called temporary ; the universall practice of the church practising continually and perpetually an apostolicall institution , being a most sure commentary that it was no temporary institution . forasmuch as we are taught by the holy ghost in divine scripture , that contention in what the law of god is pretended not to be expresse , may be warrantably taken off by the custome of the churches of god , cor. . . see theophylact. in locum . custom , i doe not say any , but of the churches of god , i.e. primitive , also universall , perpetuall , interpreting the controverted law of god , whether naturall , as vers. . or positive , by no lesse reason . whereunto agreeth well the rule of s. augustine , contra crescon. lib. . c. . & contra donat. l. . c. . quod universa tenet ecclesia &c. & ep . . ad casul . & epist. ad januarium . si quidtota hodie &c. & vincent lyrin . adversus haereses , c. . &c. . quod ubique , quod semper , quod ab omnibus &c. and if not by such traditive interpretation from the custom of the churches of god , according to the apostles rule , how shall we convince contentious gainsayers , that the sense of those texts , goe and teach all nations , baptizing them &c. matth. . and those other of baptizing the houshold of stephanus , and of the keeper of the prison , cor. . acts . or any other scriptures , to be a divine warrant ( as they are ) for baptisme of infants ? or the sense of hoc facite &c. luk. . to imply a divine right of presbyters onely to consecrate the elements of the blessed sacrament ? or the sense of those texts , iohn . , , . acts . . . cor. . . revel. . . or psalm . . or of any other scriptures to be a divine warrant for the translation of our one day in seven from the seventh day of the week to the first ? or on the other side , how shall we convince those of the church of rome , that that apostolicall divine precept , iames . . as to the anointing the sick with oil was a temporary precept onely , but negatively from the interpretation of the custom of the churches of god ? since miraculous gifts were also conferred by the laying on of hands , which yet was not temporary , heb. . now that this apostolicall institution hath been universally practised , and perpetually in the custom of the churches of god of all times and places ( excepting onely some narrow place and time of this age of this controversie ) and that in churches founded by different planters , by all the severall apostles and others sent by them , as well those churches which have in severall ages rejected the antichristian monarchy of the bishop of rome over all the church , as others ; and that order preserved by god from extirpation , thorow all the ten persecutions , and descending in each church or city by particular continued succession : as for example , bishops from s. timothy to the time of the chalcedon councell , as was declared there , act . . that in all times , primitive and following , bishops have been chief in ecclesiasticall government , in councels , in martyrdom , in piety , in learning , in the conversion of nations , in the mighty confounding of heresies and heretiques ; we beleeve we are able ( if any deny ) to make good . and first here for the primitive churches , we alledge all the forecited testmonies of antiquity , proving bishop to have been instituted by the apostles themselves , vide supra . yea and early , within the apostles times there having been not onely three bishops of rome successively , linus , cletus , and clemens : and within saint johns time of life , four bishops of alexandria successively , saint mark , anianus , abilius , and cerdo ; three bishops of antioch , saint peter , evodius , and ignatius ; two of jerusalem , saint iames and simeon ; all while saint john the apostle yet lived , euseb , hist eccles. lib. . cap. . but also saint iames made bishop of ierusalem soon after the passion of our lord , saith saint hierom. de script . eccles. after the ascension of our saviour , saith euseb. lib. . cap. . before saint stevens martyrdom , for saint steven was deacon to iames bishop of ierusalem , saith ignatius epist. ad trall . and the ancient author of the epist. ad heronem under his name ; and that james himself was martyred after he had governed the church of ierusalem . yeers , saith saint hierom. de script . eccles. and as saint hierom affirmeth , iames the apostle to have been the first bishop of ierusalem , in gal. . so also peter to have been the first bishop of antioch , in gal. . and mark the first bishop of alexandria , in prooem. in matth. who died six yeers before saint peter or s. paul ( saith saint hierom. though therein he dissent from irenaeus lib. . ) . yeeres before saint iames the apostle ; besides therefore nine recorded as bishops in holy scripture , timothy and titus bishops of ephesus and crete , and the seven of the seven churches in asia ; besides two apostles bishops , viz. iames of ierusalem , and a peter of antioch , b and one evangelist , mark of alexandria c : there are also nine other ( in all . ) recorded in holy scripture ( all which , except two of the seven angels , are there registred for saints ) who ( if we will beleeve as credible records of christians as any other humane records whatsoever ) were bishops before they died , viz. clemens d and e linus made bishops of rome successively by peter and paul . evodius f bishop of antioch by peter and paul . dionysius the areopagite bishop of athens g : archippus h bishop of the colossians : epaphroditus i bishop of the philippians : epaphras k bishop of the colossians : gaius l also bishop of the thessalonians : trophimus m bishop of arles : to which you may adde ( the two and twentieth ) antipas bishop of pergamus , if we will beleeve paraeus in apoc. . proving it out of arethas caesariensis , in apoc. . and onesimus bishop of ephesus , n if he were not the forementioned angel of the church of ephesus , when saint iohn wrote his revelation . to omit to speak here of other bishops , who were schollars and auditors of the apostles , ignatius of saint iohn o made bishop of antioch by saint peter ; papias p saint iohns schollar , bishop of hierapolis ; publius and q●adratus q bishops of athens , disciples of the apostles ; simeon the son of cleoph●● r bishop of ierusalem ( after iames ) and the kinsman of our lord . this order of bishops which began ( though the first we read of in scripture be timothy and titus ) in saint iames of ierusalem , or saint mark of alexandria , continued thorowout all the following ages of the churches of god , in which bishops have been the most reverend martyrs , such as ignatius , polycarp . irenaeus bishop of lions , cyprian of carthage , and more then . of the first bishops of rome successively both in episcopacy and martyrdom . of bishops also especially did consist the first four generall councels , received by all the reformed churches , the confounders of the maine heresies touching the second and third persons in the blessed trinity ; and by an act of parliament , . eliz. cap. . next to the canonicall scriptures , made the rule of judging heresies : who also in councell gave judgement for the inviolable practice of the church in this order : the generall councell of nice providing , ne in unâ civitate duo sint episcopi , cant. . the generall councell of constantinople adjudging to bishops the power of ordination , can. . and can. . in the case of maximus . the generall councell of ephesus distinguishing betwixt the bishop and the rest of the clergy . can. . and confirming the bishops jurisdiction , can. . the generall councell of chalcedon determining , can. . {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} for as much then , as in the first article we are required to swear to endeavour the reformation of religion according to the word of god , and the examples of the best reformed churches , surely we may not in the second article swear to endeavour the extirpation of church-government by bishops , and so to forsake the government grounded on the word of god , and to forsake the example of all the ages of the primitive churches , then which we conceive no late reformed church will pretend to be more pure , and to whose examples they do or ought to endeavour to reform themselves . but after all this , it will be said , that this government by bishops is ejured onely , as it interprets prelacy , which word if it have been translated regimen tyranicum , the translation as farre exceeds the truth of grammar , as the prelates are accused to have exceeded their lawfull power ; forasmuch as prelacy in its originall , and acception of ancient authors ( praelati we say , not elati ) imports but lawfull preeminence and power . so is timothy called by gregory de cura pastor : p. . c. . praelatus gregi ; and the word prelate is often honourably mentioned in our lawes , ed. . & hen. . and is no more then the title praepositi mentioned also with honour by st. cyprian epist. . & . & . augustin . de civitate dei , l. . c. . or antistites , s. cypr. ep. . & sancti antistites , s. august . ep. . and divers words in scripture used , signifying equivalently such preeminence , but let it not be told indeed in other churches , that any other is here abjured then regimen tyrannicum . but are we warranted by the following stile of hierarchy ? doth that word import originally and anciently any other then a sacred government ? was it not accepted and approved in it selfe by mr. calvin . lib. de necessitate eccl. reformandae , talem si nobis hierarchiam exhibeant in quâ sic emineant episcopi , ut christo subesse non recusent , &c. ut ab illo tanquam uno capite pendeant , & ad ipsum referantur , &c. tum verò nullo non anathemate dignos fateor , qui non eam reverentèr summâque obedientiâ observent . moreover , how can we in the same article abjure church-government by bishops , with heresie , schisme , and prophanenesse , ( as there it follows ) yea prelacy even before schisme and heresie , &c. when as bishops have been in all ages the chief confounders of heresie and heretickes , such was athanasius bishop of alexandria of the heresie of arrius . cyril of alexandria of the nestorian heresie . caelestine bishop of rome , augustine bishop of hippo , prosper bishop of rhegium , fulgentius bishop of ruspi , of the palagian heresie : and many more in all ages of the church before and since . nor was there found any one christian , thorowout all the primitive and purest times of the church , for above five hundred yeers after christ , who thought it fit to abolish church government by bishops ( much lesse to ej●re it ) save onely one heretick , aerius , so censured by epiphanius , haeres . . and by saint augustine , haeres . . whose speech savoured of madnesse , saith epiphanius ; for he had said , what is a bishop differing from a presbyter ? a and the occasion of it saint augustine lets us know , lib. de haeres . c. in aerium ; aerius being a presbyter , is said to have been vexed , because he could not get to be ordained a bishop , and thence arose his envy : epiphanius witnesseth as much , haeres . . secondly , as to schism , saint hierom the one and onely father alledged , as denying the divine institution of bishops , yet held them necessary to represse schism , and then surely most necessary , when schism doth , as in these our dayes , most abound : for avoiding of schism , saint hierom witnesseth , episcopacy was thought necessary long within the apostles times , even as early as it was said by some , i am of paul , i am of apollo &c. and therefore saith in his dialogue , adversus luciferian . ecclesiae salus in summi sacerdotis dignitate pendet , cui si non exors quaedam , & ab omnibus eminens detur potestas , tot in ecclesiis efficientur schismata , quot sacerdotes . s. cyprian also epist. . non aliunde haereses obortae sunt , aut nata sunt schismata , quam &c. and so also lib. . epist. . unde enim schismata & haereses obortae sunt & oriuntur , nisi dum episcopus qui unus est praesumptione contemnitur ? &c. master calvin also himself upon philipp . . . fateor quidem ut sunt hominum ingenia & mores , non posse ordinem stare inter verbi ministros , quin reliquis praesit unus . so that we cannot apprehend the abjuration of episcopacy to be a meane to that unity in this article mentioned , that the lord may be one , and his name one amongst us , but rather the continuation thereof , according to the counsell of the holy martyr s. cyprian , unus deus , unus dominus , unus episcopus ; and that of ignatius ad magnes . b subjecti estote episcope & vobis mutuè , ut christus patri , ut inter vos divina quaedam sit unio . next , prophanenesse is here also to be cast out with episcopacy ; yet who may not fear gods judgements , if he deny the detestable growth of prophanenesse since the contempt of that apostolicall institution of episcopacy ? so that this article as to bishops extirpation we must refuse , upon that close upon which others take it , lest , as it is said , we should partake in others sin , and consequently in their plagues . thirdly , because neither can we swear to endeavour the extirpation of that part of this church-government by archbishops , an ecclesiasticall constitution , so confessedly ancient ; nor that part of this church-government by deanes and chapters , that is , a society of grave divines , of presbyters joyned to the bishop in his see of residence , as assistants in councell and government : as james bishop of ierusalem had his resident presbyters , acts . . and consulted with them , vers. . according also to the ancient generall and continued custom of the church of god ever since the first christian emperours time ; and moreover endowed with means given to them by the last wils and testaments of many ( which it is not lawfull for us to endeavour to annull , hebr. . . ) and by the gifts of many other donors , who had true propriety in their goods , and might and did transfer the undoubted property to those to be enjoyed by the right and liberty of the subject ; especially such endowments having been consecrated and devoted unto god for pious uses , and which may not therefore by us ( as we conceive ) be endeavoured to be alienated , prov. . . numb. . . and as to the exercises of piety , so also to the encouragement of the most excellent part of learning , the study of divinity and of holy scripture . we shall with the same sincerity , reality and constancy , in our severall vocations , endeavour with our estates and lives , mutually to preserve the rights and priviledges of the parliaments , and the liberties of the kingdoms , and to preserve and defend the kings majesties person and authority , in the preservation and defence of the true religion , and liberties of the kingdoms , that the world may beare witnesse with our consciences of our loyalty , and that we have no thoughts or intentions to diminish his majesties just power and greatnesse . because in the third article , whereas we are required , and that in the first place to binde our selves absolutely without limitation expressed , to preserve the rights and priviledges of parliaments , and the liberties of the kingdoms ; and were likewise tied simply and indefinitely to defend the kings person , state , and honour , by the oath of allegiance and the late protestation ; here when we are bidden to swear to defend his majesties person and authority , it is added [ in the preservation and defence of the true religion , and liberties of the kingdoms ] therefore this manner of swearing we dare not admit , till it be publikely declared by the imposers , that the meaning of those words is not ( as to some it may sound ) that i binde my selfe to preserve and defend his majesties person and authority so farre forth as he shall preserve and defend true religion and the liberties of the kingdoms : since by the holy scriptures of the old and new testament , by the law of nature and nations , by the oath of god , and by true religion , we are bound to endeavour the preservation and defence of his person and authority , though he were a persecutor of the true religion , and an abridger of our liberties , such as were saul and nero in their times . and surely a larger declaration of our endeavours simply to defend his person , is at this time necessary , when through the divisions of the kingdom his sacred majestie is so endangered ; and that his majesty hath often complained of affronts offered to his person ; and hath complained also , that some have endeavoured to kill his person in two set battails ; and that there is nothing more frequent in the minds and mouths of some shimei's , then that the king is popishly affected . a papist in his heart ; and therefore some furious zelot may not onely upon these surmises conclude himselfe exempted ( in case ) from the duty of preservation and defence of his royall person , but also mistake it as a debt to this covenant , even to offer violence to his sacred majestie . may not therefore some such fuller declaration and explication of our duty ( when we will by oath professe it ) seem necessary to the end here proposed , that the world may bear witnesse with our consciences of our loyalty ? we shall also with all faithfulnesse endeavour the discovery of all such as have been , or shall be incendiaries , malignants , or evill instruments , by hindring the reformation of religion , dividing the king from his people , or one of the kingdoms from another , or making any faction or parties amongst the people , contrary to this league and covenant , that they may be brought to publike triall , and receive condign punishment , as the degree of their offences shall require or deserve , or the supream indicatories of both kingdoms respectively , or others having power from them for that effect , shall judge convenient . whether are not all those to be accounted to us as malignants , &c. by hindring reformation of religion ( and consequently to be discovered that they may receive condign punishment ) whom we know to endeavour in their places and callings , the continuation of church-government by bishops , and the preservation of the whole frame of government ( as it now stands by the known laws of this kingdom established ) administred according to the right intent of those laws against all alteration , till it be by act of parliament ( enacted by his majesties personall consent , and both houses ) altered and changed ? secondly , we demand how far forth we are here to be sworn to endeavour the discovery of all that have been or shall be malignants &c. is the son hereby ingaged to betray his father , the wife her husband , the servant his master ? and to accuse them as malignants and evill instruments by hindring the reformation ? if so ; hath the law of god , of nature , or of the land ever commanded it ; except in the case of high treason ? where god enjoyned to the jews the discovery of those who should entice them to serve other gods ( a sin surely as detestable and hainous , as to be such as here are to be accounted malignants &c. by hindring the reformation of religion ) thus we read , deut. . . if thy brother the son of thy mother , or thy son , or thy daughter , or the wife of thy bosom , or thy friend which is as thine own soul , entice thee , &c. thou shalt not conceal him , but thy hand shall be first upon him to put him to death : where it may be observed , that all the persons there by god so particularly recounted in the text , not to be concealed , they are onely such as are in a collaterall equall degree , as the brother not to conceal his brother , the friend his friend ; or of some inferiority , as the husband his wife , the father his son : but there is expressed no such injunction , that the son was to reveal his father , or the wife her husband : so tender was the god of nature of the respects due to those by whom he hath bestowed upon us our being , life , and livelihood , or whom he hath made a head to others ; that he did not command inferiours should give in an accusation against such their superiours , even in crimes which the law judged should be punished with death . thirdly , whereas we have in the late protestation vowed to maintain the liberty of the subject , and also are required to bind our selves in this covenant to preserve the same ( if the liberties of the kingdoms include the liberty of the subject . ) yet contrary hereunto ( as we conceive ) we should bind our selves to endeavour that our fellow-subjects may be brought to punishment , either such as their offence shall deserve , or such as not onely the supream indicatories of both kingdoms , but any other also having power from them for that effect , shall judge convenient ; by which we should endeavour to put power ( arbitrary surely , since it is not restrained according to the lawes of our land ) in some other then the supream judicatory , viz. some deputed from them , who may judge it covenient ( if what they shall judge convenient may be their rule ) as well sometimes to exceed the letter of the law , made by the supream judicatory , as otherwhile to mitigate it : yea who may proceed against such malignants where the laws are wholy silent , and neither have given name to their fault , nor prescribed any punishment ? and whereas the happinesse of a blessed peace between these kingdoms , denied in former times to our progenitors , is by the good providence of god granted unto us , and hath been lately concluded , and setled by both parliaments , we shall each one of us , according to our place and interest endeavour that they may remain conjoyned in a firm peace and union to all posterity ; and that justice may be done upon the wilfull opposers thereof , in manner expressed in the precedent articles . concerning the happy peace between these kingdoms lately concluded , we earnestly prayed and desired that it might have been continued , and pray that it may be renewed ; and are sorry heartily , that contrary to the pacification made by his majesty and both parliaments , and contrary to the solemn faith given , there is at this time a miserable war begun again between an army of that kingdom entring ours , ( without and against his majesties consent and declaration ) and the forces raised by his majesty , who ( we have heard ) hath much deprecated their entring in , alledging vehemently that their late solemn faith and pacification : so that shall it not be in us also protestatis contraria facto , to bind our selves in this article ( as willingly we would ) to endeavour the continuance of a firm peace and union , and in the next to assist and defend those who declare , that in pursuit of this covenant they now enter into this kingdom with an army ? which if we look to the late act of pacification , and may for our selves judge and discern what it is , since we are required to swear thereto , appears in its self an action as contrary thereto as war to peace . so that this covenant would bindus to endeavour that which it makes us to abjure . we shall also according to our places and callings in this common cause of religion , liberty , and peace of the kingdoms , assist and defend all those that enter into this league and covenant , in the maintaining and pursuing thereof , and shall not suffer our selves directly or indirectly by whatsoever combination , perswasion , or terrour to be divided and withdrawn from this blessed union and conjunction , whether to make defection to the contrary part , or to give our selves to a detestable indifferency or neutrality in this cause , which so much concerneth the glory of god , the good of the kingdoms , and the honour of the king ; but shall all the daies of our lives zealously and constantly continue therein , against all opposition , and promote the same according to our power , against all lets and impediments whatsoever ; and what we are not able our selves to suppresse or overcome , we shall reveal and make known , that it may be timely prevented or removed ; all which we shall do as in the sight of god . whereas we are in the sixt article required to covenant in this common cause of religion ( which is described in the first article , a reformation of religion in england and ireland ) that we wil assist and defend all those that enter into this league and covenant against all opposition , and that in the close it is implied , that we should endeavour to do what we are able to suppresse and overcome whatsoever opposition ; we conceive it to be against the whole current of the gospell of christ , the practise and doctrine of all primitive christians , whom the world hath ever esteemed for blessed saints and martyrs , and lastly repugnant to the doctrine of the best reformed churches , ( to which we here should swear to conform our selves ) to endeavour a reformation of religion by force of arms against the supream magistrat's consent . secondly , may we swear never to suffer our selves to be withdrawn by whatsoever perswasion from this league and covenant , since the reasons perswading us to it are in no wise demonstrative ? what if hereafter we shall see better reasons , and stronger motives to forsake it , then we have now to take it , or shall have then to keep it ? will not then our consciences better informed force us to break our oath ( an argument that we sinn'd in taking it ) or our oath bind us contrary to our consciences so informed , ( which is impossible ? ) what if ( as now the king , so ) future parliaments disallow this covenant , and oppose it , shall we then be obliged to continue therein , and to assist and defend all those that so continue against all opposition , though it shall be contradicted by the same authority by which it is now imposed upon us ? thirdly , where we are required to bind our selves never to make defection to the contrary part ; whether by the contrary part is not to be understood all that are against this covenant ? if so , will not these words following , [ against all opposition , against all lets and impediments whatsoever ] include his majesties opposition ? and then , as we have said , we are in the close impliedly supposed , that we will endeavour to do what we are able to suppresse and overcome any part whatsoever of the contrary part opposing it self ; which since it seems not to except his sacred majesty , how will this be consistent with the oaths of allegiance and supremacy , and the laws of the land , h. . edw. ? secondly , how with the word of god , when we are taught by st. paul , rom. . that whosoever shall resist the higher powers , shall receive to himself damnation ? and in case of contrary conflicts of these higher powers among themselves , from the reason included in the object , the damnation will be ( without repentance ) to those that resist the highest : and among the higher powers , ( if st. peter may interpret st. paul ) the king is supream , and all other governours are sent by him , pet. . . a for our selves therefore , if his majesty should use the sword committed to him unjustly , we must take up st. ambrose's words , conc. . contra auxentium , dolere potero , flere potero , potero gemere , adversus arma , milites , gothos quoque lachrymae miae arma sunt , talia sunt munimenta sacerdotis , aliter nec deb●o , nec possumresistere . fourthly , were there nothing in the law of god , or of this land forbidding us of the kingdom of england to enter a covenant of mutuall assistance and defence , without and against the allowance of the king , yet it would be unlawfull for us to joyn in this covenant , since we are required here not onely to joyn with one another , but with the scots also in a covenant of mutuall assistance and defence ; to whom , if by a law of their land all such covenants and leagues be forbidden as seditious , we , if we knowingly covenant to assist and defend them in such a league , contract to our selves the guilt of sedition . now to the scots ( in the second part of that act of parliament holden at linlithgow anno . ) are forbidden all leagues or bonds of mutuall defence which are made without the privity and consent of the king , under the pain to be holden and execute as movers of sedition and unquietnesse . this we read objected by the divines of aberdeen , but could never yet see any satisfying answer made thereunto . fiftly , whether will not men think themselves bound by this part of the covenant , all the daies of their lives to continue so farre zealously united against the contrary part , as to reject all overtures of accomodation , and reconciliation ; till they be suppressed or overcome , and so our wounds become incurcable ? sixtly , this covenant ( as we conceive , under correction ) cannot be wisely taken by any man affected to this cause ; for should they not here swear never to yeeld themselves , though debelled , and unable to withstand the common enemy , viz. the forces raised by the king ? nor ever to lay down arms , or cease active resistance ? but if it should please god to give the foresaid contrary part power of conquest , and consequently ius victorie , should they not bind themselves by this covenant never to submit themselves to gods will and judgement against them ? and so exclude all christian patience and suffering in afflictions , and tie themselves ( though unable ) actively to resist , plot , disturb and overthrow all such who shall so have power over them hereafter , all such governours and governments , which it may please god ( as they must confesse for a punishment of their sins at least ) to place over them , which thing we conceive to be against the law of god , reason and nations . and because these kingdoms are guilty of many sins , &c. ] what the conclusion suggests we have also considered , and professe our selves ready to joyn with our brethren in the necessary humbling of our selves under the mighty hand of god , and in the confession of our sins , ( though in a publique set form & prescribed , such as we conceive this former part of the conclusion to be ) our purpose also , desire & endeavour , through the grace of god , to amend our lives ; and touching those words here mentioned [ in all duties we owe to god and man ] we professe and declare , that did we believe in our consciences , the above-written articles of the covenant not to be repugnant to our duties which we owe to god and man , ( in the particulars specified relating to his majesty and to the bishops of our churches , by god set over us , and otherwise ) we should gladly have gone along with our brethren therein . secondly , since this oath expresly professeth , what also all lawfull promisory oaths must include , that it is to be made in the presence of almighty god , the searcher of all hearts , with a true intention to perform the same , as we shall answer at the great day ; we trust our just refusall will , or ought to be better interpreted , even by the imposers themselves , then those mens detestable hypocrisie , who enter this league , and make this oath , with mentall reservation ; others as far as lawfully they may , and saving all former oaths ; yet others , as far as it is agreeable to gods word , or in their own sense , or according to the sense of the preacher , scandalizing thus our christian and reformed religion , with jesuiticall mentall reservations , reserving in their minds a sense contrary to their words ( which are instituted to signifie our minds ) and contrary to the mind of the imposers , ( even in the judgement of their own minds ) sufficiently signified in the words of the covenant : and indeed , mentem injuratam gerunt ; reserving this popery in thus swearing , while they swear to extirpate popery . we professe to know no other legitimate sensing of our oaths , but mens deferentis , a ( and that declared before the taking of the oath , not in a post-declaration ) and the grammaticall common sense of the words without limitation other then what is expressed ; according to the rule of st. augustin . juramentum debet esse pressum , & expressum : by thy words thou shalt be justified , and by thy words thou shalt be condemned . how also can any lawfully take an oath , the matter whereof he judgeth to be unlawfull , so far as lawfally he may ? be we not deceived , god is not mocked ; may we swear to lie , steal , or commit adultery so far as lawfully we may ? is it more sinfull to go about to do it , so far as lawfully we may , then so to swear it ? he that so swears , swears with judgement against his judgement , and to unrighteousnesse without truth , and condemneth himself in that which he alloweth . thirdly , to swear , saving all former oaths , to what we judge to be opposite to our former lawfull oaths , is to delude both our former and present oath ; to warrant , that we may without scandall abjure ( in words , not in heart ) what we have sworn before to keep , because we have sworn before to keep and never to abjure it ; to make vain ( as far as in us lies ) the great and dreadfull name of god , the wholsome end and use of oaths , and particularly to destroy the end of this present covenant , if the takers intend not what the oath intend● ; and may also hereafter ( saving this present oath ) swear to the contrary . for the present be it considered , that whereas this oath is a league for unity ; if each may take it in their own sense , its end will be none ; and we as far from joynt union of assistance as before . for , swearing to assist all who enter into this league , if we think our selves bound to assist o●ely the takers in our own sense , then we may happily be tied to assist none hereby , for perhaps our own sense is peculiar and different from all others , and probably from most , for most take it in the common sense of the words . lastly , if one end of this covenant be , that ( if it succeed ) it may be encouragement to other christian churches ( in like case ) to joyn in the same or like association and covenant ; we judge it necessary to admonish our selves and others , that if in this we offend , we also lay a stumbling-block of offence before the faces of so many christian churches now and hereafter , who are here invited to follow our example . should we not therefore sadly consider , whose example in this action we follow , before we give and invite others to follow our example ? ought we not wisely to fear , lest by this we expose our brethren of the reformed churches beyond the seas , to the jealousie of their severall princes under whom they live , and become guilty of the provocation of all those evils , wherewith princes in prevention of what is here suggested to their subjects ( if not declared against by them ) may aggrieve our brethren of the reformed religion ? and also , have we not cause to question with our selves , how the example of entring a covenant mutually to assist and defend one another , when there is declared a joyning in armes , without and against the consent of the supream magistrate , how this example ( we say ) will make , as is here said , to the peace and tranquillity of christian kingdoms and common-wealths ? now the lord of peace himself give unto us , and to all the churches of god , peace alwaies , by all means . amen . an exhortation to the taking of the solemn league and covenant , &c. if the power of religion , or solid reason , if loyalty to the king , &c. if it had not been intimated that the authors of this exhortation were the assembly of divines , ( as they are stiled in the article of the instructions ) and expressed , that the end of it was the satisfying of such scruples as may arise ( and that by the same authority by which the covenant it selfe is to be imposed ) it could not have given the conscience of any man either so much licence to examine the discourse with strictnesse and severity , or so much satisfaction ( one way or other ) in the examination ; seeing there is scarce any other end of writing which necessarily obliges to a discovery of all the consequences and the principles of a discourse , and there is no such outward encouragement to the conscience towards satisfaction , as when it shall consider that it is examining an exhortation and a defence , the authors of which have been chosen , the worke appointed , and after the performance twice publiquely read , and considered , and lastly ordered to be published by them who are the managers of the cause for which this exhortation and defence is made . but this being the declared end , and those the authors , it will not stand with the opinion of the faithfulnesse of those men towards the cause it self , to imagine that they reserve to themselves clearer and firmer principles , upon which they are able to enforce the taking of the covenant , then those they have here expressed : and consequently , if upon just examination it shall appear , that all the truth that is by them laid down is not sufficient to infer their conclusion , they may be more tender of those who are of different perswasion from themselves , though they shall ( notwithstanding their endeavours ) persist in their opinion , nay though they should hereby gain a degree of adhesion to it . the conclusion which they would infer is the taking of the covenant , and the generall end of that , as expressed in the covenant it selfe and in all the declarations which concern the same , is ( in our calling ) the assistance of those of the kingdoms of england and scotland joyned in arms , &c. against the popish , prelaticall , and malignant party : in a word , to assist , or comply with those english and scottish forces , against the forces raised by the kings personall command . this being the case wherein the scruples ( by them spoken of ) are supposed to be removed , that their arguments to that end might be effectuall , it was necessary to their end , that the present case should have been clearly and particularly laid down , considering that the discovery of strong and not doubting presumption and supposall of that part which is defended , though it might produce a degree of confirmation in those who are ( though not so strongly ) of the same opinion , yet can it not in reason be reputed a means to take off scruple from a rationall adversary . this being necessary in it self for a true and thorough resolution of conscience in the case , it cannot be denied but their discourse is imperfect in it selfe , and consequently they may as well have erred in assuming to themselves all that is holy and perfect , and esteeming of the adverse party as of people bewitched and besotted , hoodwink't and blinded , &c. nay , as the dregs and scum of the people , and in affirming the name and countenance of his sacred majesty to be captivated , and prostituted to serve all the lusts of such men ; and in setting in opposition the king and those that be faithfull in the land . but seeing that it is possible that a case may be so clear and plain to all men , that it may without any great damage be omitted in a discourse made for the resolution of the conscience ; it will concern the conscience however impartially to set before its eyes the present question , and then to examine the discourse of this exhortation , upon which the determination of conscience will naturally follow . to propound the state of the question impartially ( though not according to the utmost truth of the case ) it will be enough , if it be made up of truths confessed and undeniable . . scots and english are subjects to the king . . of the same protestant religion , the professors whereof do not differ in fundamentals . . their joyning in arms , ( as is alledged ) is for the vindication and defence of their religi●n , liberties , and laws . . against the popish prelaticall , and malignant party . . by these are meant the souldiers raised by the king . on the other side : . the king is our lawfull soveraign , . of the same protestant religion . . he hath protested and engaged himself with all solemnity ( as at the receiving of the holy eucharist , &c. ) to preserve and maintain the protestant religion , the laws and liberties of the kingdoms and parliaments . . that he hath sent many messages for treaties toward peace , both before and during the time of these wars , and expressed a desire of making the people witnesses of the equity of his proceedings . . he hath declared his will against both the scots and english , who take up arms in this cause . out of these principles ( whereas many more might be added in behalf of his majestie ) let the question be , whether it may be lawfull and necessary for subjects to covenant together , without and against the expresse will of their lawfull soveraign , to joyn in arms against the forces raised by his command , and that for the vindication and defence of that which he hath by all possible obligations engaged himself to maintain and defend , and for security of his people hath desired that differences might be composed by treaty , and that the world might judge of his proceedings in it . if this be a true state of the question ( at least so far as is here expressed ) the next labour for our consciences will be to examine whether any argument in this exhortation ( upon supposition that they all were truths in themselves ) doe infer a lawfulnesse and necessity to covenant in our case , all things considered ; and if it be evident that they are not sufficient , it may be a motive to abate the confidence of the composers of it ( whosoever they were in particular ) and to procure an examination of their own principles and actions , wherein they may possibly see that they have not either in their own actions , or in their judgement of others , proceeded so exactly according to the law of conscience and the word of god . now , although we are confident that there is not in this exhortation any one argument which the assembly it self will undertake so to contrive , as that it shall conclude for a necessity or a lawfulnesse of taking such a covenant in such a case ( all things considered ) and consequently the whole businesse , which was of necessity for vindication of our selves from sottishnesse &c. is already done ; yet that it may without any danger of prejudice or errour appear , that we are not guilty of such a presumption as we have excepted against in them , we will , as briefly as may be , examine their whole discourse , and evidently ( unlesse indeed we be bewitched to think so ) discover what is untrue or uncertain ( if any thing of those kinds shall occur ) and what is insufficient in their exhortation , after we have by way of apology premised , that we will not all answer them in the manner of the delivery of the reasons . we have ( as we hope ) prevailed against those affections which might have arisen upon those expressions which concern our selves , and ( though with far greater difficulty ) against that indignation which followed upon the apprehension of those ( not so very reverent ) expressions and reflections upon his sacred majestie , so far as not to suffer our judgements or consciences to be withdrawn from a just and meer examination of the truth : having seen in them , that zeal and confidence ( however they are excellent affections in those who are sufficiently grounded in an unfallible truth , yet they ) do in no measure help toward a discovery of truth or a removall of scruples in a case of conscience . the whole discourse was intended by the authors of it , to consist of perswasions , and resolutions of scruples , and is immediately resolved into an introduction and the body of the discourse . as for the introduction , it contains a collection of many places , from whence the composers thereof presume that the necessity of taking this league might be enforced . but seeing it carries not clearly in it self any discovery of the consequences , it could not in reason be premised to any other discourse , then such as in the processe should clear that which was there presumed ; and seeing the following discourse is no way ordered to a clearing of those inferences , so that the design of him who made the introduction is no further prosecuted , we may here indeed observe an instance of the variance which is said to be in the assembly , but are no wayes helped in that which was the fundamentall intention of the whole ( the resolution of our scruples ) which by the serious consideration of those things here reckoned up , we professe to have been exceedingly strengthened upon us ; and that by such inference as may be gathered , if not cleerly seen , by this ensuing parallel . if the power of religion , described and practised by our saviour christ and his apostles , and expressed in the most heroicall actions of the primitive christians ; or if solid reason informed by the doctrine of the church of england , and assisted by the light of the examples of holy saints and martyrs , and by a perfect information of the beginnings and proceedings of our present miseries , and of the standing known laws of the land ; if loyalty to the king , and piety to their native couatry , or love to themselves , and naturall affection to their posterity ; if the example of men touched with a deep sense of all these , such as have been the most eminent among the clergy for piety and learning , the instruments ( as it is confessed ) used by almighty god for the preservation of our religion against all its enemies , who , with many others , the most worthy of the laity , have cheerfully and constantly been spoiled of their goods , and suffered a long and tedious imprisonment , and are and have been ready to suffer death it selfe in the present cause of his sacred majestie ; or if extraordinary successe from god thereupon , such as was necessary to raise his majesty from a state of despised weaknesse to a power able to resist , and probably able to debell all the forces which his enemies of three kingdoms can procure . if any or all of these can awaken a nation hitherto stupified and blinded , and thereupon imbroiled in the miseries which have attended upon this war , to see and imbrace the soveraign and onely means of their recovery ; there can be no doubt or fear , that they will enter into a league with those who have lifted up ( under what pretence soever ) their hands against his sacred majestie , but they will rather repent them of their former disobedience , endeavouring to reduce their brethren to a labour for reconciliation and pardon from his majestie , at least to an acceptation of those proffers for treaty towards accommodation , which he so often makes ; and in case they shall be by any pertinaciously refused , joyn themselves with his sacred majesty in his just defence . having thus done with the introduction , it follows that we examine the discourse it self , which proceeds in this method : first , to propound the motives to perswade men to take the covenant . secondly , to answer the objections or scruples which might hinder , &c. here , before we begin to examine the strength of the motives themselves , we observe the different apprehensions of the framers of it ; for , whereas he who framed the introduction did , it seems , imagine that the taking of the covenant might be enforced from the positive law of god , and the law of nature ; the other , who was to lay down the motives , was so farre from that , as to esteem it necessary towards the same end , in the first place to insinuate the example of themselves of the assembly , and others who had already taken it . the strength of their perswasive arguments is this : first , this covenant is already taken by the two houses of parliament , by the assembly of divines , the city of london , and the kingdom of scotland . secondly , it hath been already seconded from heaven by blasting the counsels , &c. thirdly , it carries in it self such a convincing evidence of equity , truth , and righteousnesse , as may raise in all enflamed affections to take it ; which is proved , because there is [ almost ] nothing in this covenant which was not for substance either expressed , or manifestly included in the protestation of may . . ergo , whosoever are not wilfully ignorant , or miserably seduced , must infallibly take this covenant . for the first of these arguments : first , in generall , we do not see how the example of either party can reasonably be alledged to direct the conscience in any controversie . secondly , we have reason to believe that farre the greater number , both in the city of london , and the kingdom of scotland , could not take this oath in judgement , as being not able to discern of the righteousnesse or iniquity of some of the articles , especially that which concerns episcopacy , so that a chief strength of this argument from example , consists in the example of themselves who are of the assembly , and made this exhortation . and then we conceive , they cannot justly accuse us either of immodesty or presumption , if we shall openly professe that they have not in this first essay of theirs ( at least which we know to have been published ) given evidences of so great judgement , learning , or integrity , as may warrant or encourage us in matters of religion and cases of conscience , to subscribe to the authority of their example . to the second argument , which is , that it hath been seconded from heaven , &c. it cannot conclude to the conscience , till it be sufficiently proved ; neither can that be without a revelation of the counsels of god , which if the composer of this part hath obtained , it was requisite to the end propounded that he should have made it appear ; till when it may be beleeved , that those instances where the signature of gods judgements may the most plainly have been discovered , have fallen upon those who have had the greatest share in the raising and managing of those arms , for the maintaining of which this covenant is ordained . so then the whole force of their perswasion will depend upon the third argument , and the proof of it , which ( to avoid any errour in examining ) shall be again propounded : there is ( almost ) nothing in this covenant , which was not for substance either expressed , or manifestly included in the protestation , may . . therefore this covenant goeth forth in its own strength , with such convincing evidence of equity , truth , and righteousnesse , as may raise in all not wilfully ignorant or miserably seduced , inflamed affections to joyn in the covenant . resp. . we are not able by all those wayes of reasoning , to which we have hitherto been used , to discover the inference which is here made . if by the strength of their solid reason it may possibly be made to appear , yet we are confident the dependence is so deep and secret , that it ought not ( to the end for which this discourse is declared to be intended ) have been left unrevealed . . whereas the argument of the evident equity , truth and righteousnesse of this is taken from the agreement of it with that protestation , we will assume the matter of that protestation to have been ( in the judgement of this assembly ) equall , true , and righteous ; from whence it will follow , that if this should , according to their principles , either immediately or by necessary consequence contradict that protestation , therein they must confesse it to be unequall , false , or unrighteous ; and wherein soever it doth positively dissent from it , there the truth , equity , and righteousnesse of it must be confessed to be here no way proved ; this being premised , let us compare together this covenant and that protestation . there we protested that we would with our lives , &c. defend the doctrine of the church of england [ indefinitely ] which is undoubtedly contained in the . articles , which ( in the further articles of impeachment , jan. . . by the commons assembled in parliament against the archbishop of canterbury ) are stiled , the . articles of the church england established by act of parliament ; and in the six and thirtieth of those articles it is avouched that the book of consecration of archbishops and bishops , and ordering of priests and deacons , confirmed by authority of parliament , doth contain all things necessary to such consecration and ordering , and hath nothing in it ungodly . this book asserteth , that it is evident to all men , diligently reading holy scripture and ancient authors , that from the apostles times there have been these orders of ministers in the church , bishops , priests , and ` deacons , which officers were evermore bad in reverent estimation . wherefore we there protested with our lives , &c. to defend that it is not ungodly ( therefore not false doctrine ) to say , that diligent reading of the holy scriptures will help to make it evident , that from the apostles times there have been bishops , which could not be , unlesse the scriptures did testifie , that in the apostles times they were . one of the prayers also ( & lex orandi lex docendi ) thus begins ; almighty god , giver of all good things , which by thy holy spirit hast appointed divers orders of ministers in thy church , mercifully behold this thy servant now called to the work and ministery of a bishop ; and the elected bishop is afterward required to professe , that he is perswaded that he is truly called to this ministration according to the will of our lord iesus christ . and by consequence we there did protest to defend that also ; and consequently ( upon their own principles ) it is unequall and unrighteous to swear to the extirpation of them . again , in that protestation there was nothing concerning the endeavouring the preservation of the doctrine , discipline , and worship of the church of scotland , the reformation of the doctrine of the church of england . moreover , in that we protested absolutely the defence of the kings person , according to our allegiance , which here we do not absolutely swear to , to maintain the laws of the land , the liberty of the subject , and onely to defend one another so far as lawfully we may , which here are omitted . many other differences may be observed . if yet they shall say , that there is nothing ( almost ) in this which is not in that , or nothing of moment ( which must be the meaning , if their argument be of any force at all ) it may not be thought unreasonable , if we desire ( with leave from his majestie ) to renew that protestation , that we may be thereby excused from this league and covenant . after the proposall of their perswasive arguments , they proceed to the taking away of scruples , not all , or most of such as might arise to the contrary ( as appears by that which we have humbly represented against the covenant it self ) therefore such as they have chosen out ( probably ) because they conceived themselves best able for their answer . the scruples which they suppose , are such as concern either the king or the bishops . they begin with the extirpation of bishops , where first they design to prove , that they may , and ought to be extirpated ; and after they addresse themselves to answer one speciall objection . we will therefore in order propound and examine the weight and truth which is in their arguments . the first is but an intimation , some say this government was never formally established by the laws of this land at all . if this were true , which some say , the argument were not of so great force toward the taking away of this government , as it would be of power to confirm us in the belief we have of the venerable institution of this government , when we shall consider that our predecessors , who have been the authors of our laws , had such an esteem of the government by bishops , that they thought it altogether needlesse formally to establish it by law . now that this ( if any positive ) consideration might be a ground of that which is here intimated ( if true ) appears , in that if it were true that it were not formally established , yet is it so interwoven with many of our laws , that they and it must stand or fall together . so that here again we may desire of them to be tender of us , who have protested solemnly with our lives to defend the laws of the land . . the life and soul of it is already taken away by an act , &c. so as nothing of jurisdiction remains , but what is precarious in them , and voluntary in those who submit unto them . . we cannot acknowledge that any essentiall part of episcopacy ( such as that which is the life and soul of it must be ) is , or can be taken away from our bishops , whether it be of order or jurisdiction ; however the outward coercive power communicated to it by the secular arm , hath been in the times of the famous persecutions , and may be again divided from it . . for the act of this present parliament here mentioned , we do believe that there was more taken away in it , then was intended by the major part of both houses at the passing of it : this we gather out of those words of his majestie in his declaration , aug. . and whether that act was penned with that warinesse and animadversion , that there was not more determined by it , then the major part of both houses intended at the passing of it , let themselves judge . . however that were , we cannot conceive it reasonable , that their temporall lurisdiction should be taken away ( as was suggested ) that they might the better intend their spirituall , and then an argument made to take away the spirituall part of their government also , because the former is already parted from them . thirdly , that their whole government is ( at best ) but a humane constitution . ] if there be no fallacy in these words , it is necessary that whole be taken materially , as it includes each severall part , and not formally onely ; and then we answer , that the government so far as to the superiority of bishops above presbyters is ( at least ) of apostolicall constitution , as is proved in our reasons against the second article : and consequently ( as to that which is here spoken of ) it is not lawfull to be taken away . fourthly , it is such as is found and adjudged by both houses of parliament , not onely very prejudiciall to the civill state , but a great hindrance also to a perfect reformation ; yea , who knoweth not ? &c. we know the danger ( and if indeed we did not ) yet the honour and respect we bear to the very name of parliaments would not suffer us to question the judgement of the two houses ; onely in this case which so neerly concerns the church of god , we crave leave to represent , that we doe not apprehend how that should be in it self prejudiciall to the civill state , together with which the state both anciently and of late , we conceive , hath flourished , and enjoyed a politicall happinesse beyond most of the nations of the earth . neither how that should be opposite to a perfect reformation , which in our consciences we are perswaded ( and we think may as clearly be proved as most matters in divinity ) was instituted by the apostles and constantly obtained in the purest times of the primitive church , to which we conceive a reformation ought to be squared : and indeed the chiefest instruments and defendants of that reformation which we ( by the mercy of god ) enjoy , having been bishops , some of which were martyrs , as bishop cranmer , ridley , hooper , latimer , ferrers , jewell , bilson , &c. we cannot see to what reformation episcopacy can be a hindrance , unlesse to such a form as supposes that episcopacy must be extirpated . which moved the well-affected thorowout this kingdom , long since to petition this parliament ( as hath been desired before in the days of queen elizabeth and king james ) for a totall abolition of the same . in this which is intended for a proof the fourth argument , seeing it is presumed that those who have petitioned for the abolition of episcopacy , are and have beene well affected ; for a judgement of that we doe onely represent , that the same in the dayes of those renowned princes , by those famous parliaments held in their times were rejected as ignorant and seditious . and whereas it is said , the well affected throughout the kingdom , &c. it doth , and may appear , that since the sitting of this present parliament ( and that after discountenance given to that party ) more then four and fourty thousand men of quality have petitioned for the continuance of our present church-government : besides the city of london , the counties of dorcet , kent , surrey , westmorland , cumberland , southampton , lancaster , cornwall , oxfordshire , berkeshire , wiltshire , the six shires of north-wales , and besides the two universities : all the which have petitioned for the same . the restriction ( or what else ) is here laid down that we are not by this covenant bound to offer violence to their persons , we pray may be observed by those who have taken this covenant , or shall hereafter enter into it ; for us who are so perswaded as we have expressed , it would have been a greater satisfaction , if we should have been to swear to bring the persons of any who have offended to a just and legal triall , so that their office might have been continued , then to extirpate the office , with an intimation only that we are not necessitated to offer violence to their persons . that which follows , is to take off the onely scruple which they would suppose to remain , the oath of canonicall obedience , wherein clergy-men have sworn to obey the bishops , in licitis & honestis ; we will propound their arguments . . they which have sworn obedience to the laws of the land , may yet endeavour their abolition in a lawfull way . therefore they which have sworn to obey the bishops may endeavour the abolition of bishops . we do not see this consequence from the law to the law-giver , or the authority it self from whence the law is derived . it follows upon this hypothesis that they who have sworn to obey the injunctions of bishops , may endeavour in a lawfull way the alteration or abolition of those injunctions ; but to infer their conclusion , the hypothosis must have been , that notwithstanding our oath made to obey the laws made by the king and the two houses of parliament , we may endeavour to abolish the king and both houses of parliament . their second argument is this : . if ministers or others have entred into any oath not warranted by gods word and the laws of the land , such oaths call for repentance , not pertinacy in them . ergo , notwithstanding the oath of canoxicall obedience , ministers may endeavour the extirpation of bishops . we believe , that to have cleared this consequence , they ought to have proved that the oath of canonicall obedience is not warranted by the word of god , or the laws of the land , which seeing they have not done , the scruple , notwithstanding this argument , will still remain . having thus done with episcopacy , they proceed to such scruples of conscience as they suppose may arise from that which concerns his majesty ; and there the design is to prove , that this covenant may be taken , notwithstanding the oaths of supremacy and allegiance already taken , and notwithstanding the want of his majesties consent . . this oath binds all , and more strongly engageth them to preserve and defend the kings majesties person and authority in the preservation and defence of the true religion and liberties of the kingdoms ; therefore , it doth not crosse the oaths of supremacy and allegiance . we answer , . the oaths of supremacy and allegiance were ordained against those , who would not have denied to swear in these very words , to preserve and defend his majesties person and authority in the preservation and defence of the true religion and liberties of the kingdoms ; therefore notwithstanding this argument , this covenant may crosse the oaths of supremacy and allegiance . . that this oath may be taken without his majesties consent , they would prove by examples , either modern , or out of scripture , as . the protestation may . was taken without his majesties consent . we did not think we took it without his majesties consent , and one reason we will expresse in their words of the same paragraph , because his majesty did not except against it , or give any stop to the taking of it , albeit he was then resident in person at whitehall . . ezra and nehemiah , ezra . nehem. . neh. . being vassals , and one of them meniall servant to artaxerxes , drew all the people into a covenant , without the speciall commission of the persian monarchs . the covenant into which ezra drew the people is expressed ezra . . to have been to put away all the strange wives , and such as were born of them , according to the counsell of the lord , and of those that tremble at the commandement of god , and that according to the law . and that of nehemiah , ( nehem. . & . . ) is expressed to have been a curse and an oath to walk in gods law , which was given by moses the servant of god ; and to observe and do all the commandements of the lord , and his iudgements and his statutes . the commission of nehemiah , ( besides what is mentioned nehemiah . ) cannot be denied to be the same which ezra had obtained , which is expressed ezra the . in the of ezra , v. . we find this as a part of his commission : whosoever will not do the law of thy god , and the law of the king , let judgement be executed speedily upon him , whether it be unto death , or banishment , or to confiscation of goods , or to imprisonment . wherefore we cannot but extreamly wonder that these covenants here mentioned , should be said to have been entered into without the consent of the persian monarchs ; an assertion to us so exceedingly inconsiderate , that our apprehension of the failings in it cannot in a few words be expressed . as for that of hezekiah , which follows at some distance , we might answer , that it is not , nor can it be proved out of the scripture , that the keeping of the passover was not consented to by hoshea king of irael . however , if the revolt of the ten tribes were indeed a rebellion , as it is believed by many of the most famous divines a , then why might not hezekiah justly send proclamations to them , to joyn with him in a covenant , although the king of israel should positively have dissented ? but not to insist upon negative answers , or any thing which may be controverted , we answer : . that act of hezekiah , was a bare invitation . . that to which he invited them was not a league or covenant , but ( that which the law of god enjoyned ) the observation of the passover : which was some yeeres after the covenant mentioned . chro. . that it was at that time when israel had not the face of a kingdom , their king being in captivity under the king of assyria . which two latter answers are joyntly proved by this following discourse . the covenant was made in mo hezekiae , chron. . the passover was not celebrated till after the captivity , chron. . . there was no captivity mentioned till after this first yeer of hezekiah . therefore the covenant and passover were not kept in the same yeer ; and therefore also hoshea was in captivity , before this invitation of hezekiah . the last of the premisses ( which onely can be doubted ) is thus proved , because the first time expressed ( which we read in scripture ) of salmanasers comming up against israel is the fourth yeer of king hezekiah , king. . . it no wise followeth therefore from this act of hezekiah and the men of israel , that it is lawfull to impose , or enter a covenant , without the consent of the king . now , after these instances of scripture , they betake themselves to modern examples , from whence they would infer more then a bare lawfulnes to enter a covenant without the kings consent , viz. an allowance of subjects joyning in arms against their soveraign , which they would warrant from the actions of q elizabeth , k. james , and our gracious soveraign . here we must indeed ingenuously professe , that we have not been sufficiently exercised in passages of state , to give a full satisfaction in all these particulars ; wherefore we shall not of our selves interpose at all , onely briefly speak to their instances . . as concerning the assistance of , and the confederacy with the united provinces , we shall transcribe for satisfaction , a part of a declaration of q. elizabeth , who first entered upon their assistance ; the declaration is entituled , a declaration of the causes moving the q. of england to give ayd to the defence of the people afflicted and oppressed in the low countries . this declaration was put sorth , . and in the , & . pages it hath these words . and furthermore , as a good loving sister to him , and a naturall good neighbour to his low countries and people , we have often , and often again , most friendly warned him , that if he did not otherwise by his wisdom and princely clemency restrain the tyranny of his governours , and cruelty of his men of war , we feared that the people of his countrys should be forced for safety of their lives , and for continuance of their native countrey in their former state of their liberties , to seek the protection of some other forraign lord , or rather to yield themselves wholy to the soveraignty of some mighty prince , as by the ancient laws of their countreys ' , and by speciall priviledges granted by some of the lords and dukes of the countries to the people , they do pretend and affirm , that in cases of such generall injustice , and upon such violent breaking of their priviledges , they are free from their former homages , and at liberty to make choice of any other prince , to be their prince and head . the proof whereof by examples past is to be seen and read in the ancient histories of divers alterations of the lords and ladies of the countries of brabant , flanders , holland and zealand , and other countries to them united , by the states and people of the countries . and that by some such alterations , as the stories do testifie , the duke of burgundy came to his title , from which the king of spains interest is derived . upon these principles it it evident that then the queen and kings of england in joyning to the assistance of or confederacy with the low countries , have not joyned with subjects in arms either against or without the consent of their true undoubted monarch . . as touching the assistance of the french protestants of rochell by our gracious soveraign that now is , we shall onely reply ( not insisting upon the charter of rochell granted to them by lewis the . ) that we are fully satisfied , that no argument can be drawn from thence , except by those who would raise a dispute of his majesties title and interest in the kingdom of france . . as for the scots , we expected that all further mention of their former actions should have been prevented by the act of oblivion . yet seeing these men have undertaken to make an advantage against his sacred majesty , even out of his acts and expressions of grace and clemency : we answer , that forms of pacification and reconciliation , are not to be interpreted any further then to the reputation of the party to whom the reconciliation is made ( you have not done so , or so , i.e. you shall be to me as if you had not ) so as out of his majesties expressions in the late pacification with the scots , to conclude his approbation of the course then taken by them , or to take a warrant for their present undertaking , seems to be alike , as if they should conclude that it was lawfull for other churches to use st. paul as the galathians had done , by accounting him their enemy , because ( by his own confession ) they had done him no injury , and should gather that out of his act of pacification with them , gal. . . brethren , i beseech you be as i am , i am as ye are , ye have not injured me at all . the sum of all is this : the assembly of divines in their exhortation , have neither concluded any thing positive for a lawfulnesse , or necessity of taking this covenant , nor taken away any of those scruples which they propounded to themselves ; they have neither proved that bishops must or may be extirpated , nor taken off the scruple from the oath of canonicall obedience : they have neither cleared the objection from the oaths of allegiance and supremacy , nor proved by any example recorded in scripture , or by any undoubted warrantable practise , that it is lawfull in any case whatsoever , without the kings consent , to enter into any whatsoever league and covenant : so far have they been from proving that it is necessary or lawfull to enter into this league , the state of the question being such , as we in the beginning have evinced it to be . so that should we enter into this covenant , it would be impossible to conclude our innocency therein from the innocency of mordecai and the lewes here mentioned out of esther . their innocency was clear indeed , ( but how would ours be so ? ) in that they resisted not the higher power , or the arms commanded by him otherwise then by fasting and prayer , untill the king granted them leave to gather themselves together , and to stand for their lives , which before they did not assume , for no want of sufficient strength to have defended themselves , ( as is usually in the like cases objected ) which is evident from their after sufficient strength by themselves to defend themselves , cap. . thus having examined the strength of their reasons and allegations , we think it still true ( not onely pretended , as the exhortation hath it ) that clergy men ( above all others ) may not covenant to extirpate church government by bishops , both because of their oath ( as hath been proved ) and simply considering the nature of the thing , in respect of the reasons already by us alledged ; and because presbyters , if here they erre , they erre most dangerously and arrogantly , swearing ( in effect ) to endeavour to extirpate all order of spirituall church governours above themselves , to endure none such ( if they can help it ) superiour to themselves . the danger we had rather such should hear from st. cyprian , epist. . quod enim non periculum metuere debemus , de offensa domini , quando aliqui de presbyteris , nec evangelii , nec loci sui memores , sed neque futurum domini iudicium , neque nunc sibi praepositum episcopum cogitantes , quod nunquam omnino sub antecessoribus factum est , cum contumelia & contemptu praepositi totum sibi vendicent ? what also will they think of that ancient and reverend canon ( the . among those . commonly called the canons of the apostles ) {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} if any one ordained bishop be not received , not through his own will , but through the wickednesse of the people , let him remain a bishop , but let the clergy of that city be bar'd communion , because they have not been better instructors of so inobedient a people . by which also it appeareth , that those lay men deceive themselves , who think that the clergy onely need scruple at this oath , at least in the second article thereof ; we must tell them of ignatius his rule , epist ad magnes . {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} nothing ought to be done without the bishop , by presbyter , deacon , or lay-man . if therefore ( according to the preface of this covenant ) we set the glory of god before our eyes , the same ignatius gives us this other excellent monition , epist. ad trallian . a it becommeth each of you , and especially the presbyters , to cherish the bishop , to the honour of god the father , and our lord iesus christ . the printers postscript to the reader . gentle reader , a copy of the foregoing disquisitions accidentally comming to the hands of some , at whose command i am , was thought fit to be published , though without the knowledge and approbation of the authors . the fitnesse of the subject , the worth of the work , and a peculiar relation to the authors ( if i mistake them not ) may be a sufficient motive both for their command and my undertaking . consider it seriously , and if thou art not yet ingaged in the covenant , this will confirm thee in thy resolution against it ; if thou art , this by the assistance of gods grace may bring thee to a timely repentance . i cannot but admonish thee this one thing , viz. that i have gone exactly according to the copy , even in those phrases which resemble the genius of the place where it was composed , more then where it is published ; onely the faults which have escaped , i desire may be imputed to me and those many transcribers , through whose hands it passed before it could come to mine . finis . notes, typically marginal, from the original text notes for div a e- article . article . a intelligentia verborum ex causis est assumenda dicendi , h●●ar . l. . de tr●● . a eandem illis imponit personam , ac idem juris assignat . calvinus in locum . {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} chrysostomus in locum . {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} ammonius in locum . a theodoret. in luc. . b viz. irenaeus ib. . c. tertul. de praescrip. . c cyprian ●p , & , & concil. carthag anno sub cypriano . theodoret . l. . c. . ambros. de dignsacer . c. . augustin . in ps. . & epist. . & de verbis domini serm. . hieron. ep. ad marcel . advers. montanum , & epist. ad evagr. greg. mag. hom. . in evang. theophylactus in matth. . pacianus ep. . ad sympro●ian . and all those which aver the apostles to have been bishops , ( though more also ) vid. cyprian . ep , & ep . epipha . contra haeres . l. haeres . . ambros. in ephes. . & serm. . the supposed ambrose in cor. , . and so much some of them thought proved from acts . . c viz. iren. l. . c. . & l. . . & l. . c. . ignat. ep. ad antioch . tertul. adversus marcion . l. . c. . & de praescr . c. , & . clemens alexan. l. de divit . salvand . apud euseb. l. . c. . euseb. lib. eccl. hist. . c. . & l. . c. , &c. . irenaeus apud euseb. l. . c. . s. hieron. de script . eccl. chrysost. hom. de ignat. tom . . concil. constant. . act . . d tim. . . theophyl. & oecumen. in locum , tim. . . epiphanius haeres . . n. , & theop. in locum , v. , . idem in locum , & hemmin . in locum , v. . the supposed ambrose in locum , a tim. . . hieron. oecumen. bucer . in locum tit. . . oecumen. in locum , v. . chrysostomus in tit. . hieronimus in tit. . . . ambros. lib. . de fid. s. trinit. bucer . calvin . in locum . b for timithy epib . haeres . . eusebius lib. ● . c. . hieronimus de script . eccl. chrysost. hom. ad epist. pilip . & in praefat. in tim. the supposed ambrose in praefat. in tim. polycrates apud phot. biblioth. leont in concil. calce. . prim. in praefat. in tim. & in tim. c. . adde sedul . in tim. . . for titus , see euseb. l. . c. . hieronimus de script . eccl. dictus ambr. in praefat. ad ep : tit. theodoret apud oecumen. in praefat. ad ep. tit. theodoret apud oecumen. in praefat. ad tit. theophyl. in praefat. ad tit. oecumen. in tit. . adde sedul , prolog. in epist. ad tit. c vid. theodor . in tim. . {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} nempe ea quae scribo . d {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} oecumen. in tim. c. . see also ambrose in tim. . e saint augustine ep. . and in the comment on the revelations under his name , hom. . the supposed ambrose in cor. . . & in apoc. oecum : in apoc : . arethas in apoc. . and among the moderns , marlorat in apoc. . . bullinger concil. . in apoc. paraeus in apoc. . . dr reynolds conference with hart. c. . divis . . pet. molinaeus in his marginall notes . f theodoret in tim. , . pacianus epist. : ad sympronian : b {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} b : v : : c iob . . & malach. . . a james bishop of jerusalem ● , concil. gen. constantinop . can. . clemens apud euseb. l. . c. . euseb. l. . c. . & l. . c. . & l. . c. , , . aug. l. . contra lit. petil. c. . contra crescon. l. . c. . epiphanius contra ma●ich , sect. . & haeres . . chrysost. in cor. cap. . hom. . & hom. . in act. . . & hom. . in act. hieron. in gal. . & epist. ad evagr. & de script . eccles. theophylact. & oecum . in gal. . b origen . hom. . in luc. euseb. l. . c. , , . & in chronico . in a. d. . s. hieron. in gal. . & l. de eccles. script . chrysost. hom. de trans . ignat. theodor . dialog . . greg. l. . ep. . c euseb. l. . . . hier. prooem in mat. & de scr . eccles. & ep. ad evag. greg. l. . ep , d irenaeus l. . c. . optat l. . cont. parmen. tertul. de praesadversus haeret , s. aug. ep. . e irenaeus l. . c. . optat. l. . cont. parmen. aug. ep. . f euseb. l. . c. . and the author of the epist. ad antioch . under ignatius his name . g euseb. l. . c. . & l. . c. . h amb in col. . calvin instit. l. . c. . sect. . i theod. in tim. . & in phil. . primasius in phil. . pacianus ep. . ad sympronian . k ambros. col. . l origen l. . in ep. ad rom. c. . m epist. comprovin . ad leon . n ignat. ep. ad ephes. euseb. lib. . c. . o eus. l. . . s. hieron. de . script . eccles. theod. dial . . felix . epist. ad zenonem . p hieron , de script . eccles. & euseb. l. . cap. . . q hieron. ibid. euseb. l. . c. . r hegesippus apud euseb. l. . c. . & euseb. l. . c. . a et infra {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} b {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} article . article . article . article . a vid. angl. confes. art . : & scotican . confess art . . ideo confitemur & profitemur , quod qui supremae autoritati resistunt , usurpantes quod ad illius munus pertinet , illi dei ordinationi resistunt , ideoque coram illo innocentes esse non possunt . concl. a quâcunque arte verborum quis juret , deus tamen qui conscientiae testis est , ita hoc accipit , sicut ille cui juratur intelligit ●sidorus . perjuri sunt , qui servatis verbis expectationem eorum quibus juratum●● , ●ecepe●u●●t , augustin . ep. ad alipium . notes for div a e- a cyril . alexand calvin . in hosea . . vide also the fuller answer to dr. ferne . a {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} &c. a letter to a member of the convention sherlock, william, ?- . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing s estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a letter to a member of the convention sherlock, william, ?- . p. s.n., [london? : ?] caption title. attributed to sherlock by wing and nuc pre- imprints. imprint suggested by wing. reproduction of original in the harvard university library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng great britain -- history -- revolution of . great britain -- politics and government -- - - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion a letter to a member of the convention . sir , i hear you are elected a member of this next convention , and therefore expect to see you very suddenly in town , but i can tell you my mind more freely in writing , and you may think better of it when you see it before you , and therefore i have rather chose to give you the trouble of this paper , than to leave all to a personal conference at our next meeting . i will not dispute with you about what is past or what is to come ; it is too late to do the first , and as for the second , whatever becomes of other arguments , interest is most apt to prevail , and therefore all that i beg of you , is to take care that you do not mistake your own and the nations interest in a matter of such high concernment . there is no less affair before you than the fate of princes , and of three kingdoms , which requires the most calm , mature , and deliberate advice ; and yet when you come to london , you will find such distractions and divisions in mens counsels , that all the threatning dangers of popery were not a more formidable prospect to considering men , all old animosities are revived , and new ones fomented every day ; some are visibly acted by ambition , others by revenge ; the dissenter is very busie to undermine the church , and the common-wealths man to subvert monarchy , and the lord have mercy upon us all . i doubt not , but you will readily confess , that it is the common interest to have things setled upon such a bottom , as is most like to last , and then , i am sure , you must consult both law and conscience in the matter , and keep to your old establishment as near as you can ; for when there are so many distempers in mens minds , and such contrary interests , it is no time to innovate , it is no time to lay new foundations , when there are frequent earthquakes , which will not give them time to settle : the revolutions of state have been so quick and sudden of late , that all prudent men will be cautious how they try experiments , which are commonly dangerous and uncertain , but especially in matters of government , which depend on the good liking of free and moral agents , and when se many hundred thousand are to be satisfied , you can never guess at the prevailing opinion , by the major vote of a convention . let us then consider , what is most likely to give the most general satisfaction to the nation , for that , i am sure , is most likely to be lasting , and because you may be a stranger to these matters yet , i will give you an account of the different projects now on foot , as well as i can learn them . some are for sending to the king , and treating with him to return to his government , under such legal restraints , as shall give security to the most jealous persons , for the preservation of their liberties , laws , and religion ; and if he will not consent to this , to make the next heir regent : others are for declaring the crown forfeited or demised , and proclaiming the princess of orange : others will have the government dissolved , and begin all de novo , and make the prince of orange king , or crown him and the princess together , and postpone the title of the princess anne , till after the prince's death , if he survive the princess . i shall not pretend to tell you , which of these i should prefer , were it res integra ; for the question is not , which you and i should like best , but which will be the firmest foundation for the peace and settlement of these kingdoms . . as for the first , though it be horribly decried , and such men foolishly exposed as friends to popery and arbitrary power ; yet i could never meet with any man yet , who had the face to reject all treaty with the king upon any other pretence , but that it was in vain , that it is impossible he should give any security to the nation , that he would govern by law ; which is so ridiculous a pretence , that it will satisfie no body , but those who are resolved , that he shall never return . for , as little as i am versed in this matter , i could frame such laws , as should put it utterly out of the king's power to invade our liberties or religion : however , i am sure , we should have thought our selves very secure , would the king have called a free parliament , and given them liberty to have made what laws they pleased , and that which would have given such general satisfaction before , had it been granted , i suspect , should it be now granted , and refused , that would give as general dissatisfaction ; nay the very refusal to treat , will be thought such a scandalous neglect of our duty to a sovereign prince , and give such jealousies to people , that those who oppose it , are only afraid , that the king should comply , as will be the foundation of universal discontents , which will shew themselves upon the first occasion . it is certain , would the convention treat with the king , either they would agree , or they would not agree ; if they could not agree upon the proposal of reasonable securities ; this would satisfie multitudes of people , that they had tried if they did agree , this would give universal satisfaction , and there were an happy end of all our troubles . but now let us suppose , that part of the convention should prevail , which is against treating with the king , and for deposing or setting him aside without more ado ; let us consider what is like to be the most probable consequence of this . it is certain , this fundamental change in the government cannot be made by any legal authority ; for the convention will not pretend to any such legal power , and there can be no parliament without a king ; and a king , whose whole authority depends upon a convention , that has no such authority , is but in a weak state , as to civil right : no man will think himself bound in conscience to obey him , and when every mans conscience is free , let such a prince beware of epidemical discontents . and let you and i calmly consider , what discontents may probably arise upon such a juncture . . first then , all those who think themselves bound by their oath of allegiance to defend the kings person , his crown , and dignity , who wonder at men of law , who talk of a forfeiture or demise of the crown , while the king lives , and flies out of his kingdoms , only for the safety of his person , and because he will not trust himself in the power of his enemies ; i say , all such persons will be greatly discontented at deposing the king , and will never own any other king , while their own king , to whom they have sworn allegiance , lives ; and tho you should suppose such conscientious men to be very few , yet if these few should happen to be persons of character , of known prudence and abilities , integrity and honesty , in church or state , their examples , would give a terrible shock to such a new tottering government , tho they were never so tame and peaceable , void of faction and sedition themselves . and yet let me tell you , you must not judg of the numbers of these men by the late general defection . the whole nation , i confess , was very unanimous for the prince , great numbers of gentlemen , nay of the kings own soldiers , went over to him , very few , but papists offered their service to the king ; but the reason of this was very evident , not that they were willing to part with the king , and set up another in his room , but because they were horribly afraid of popery , and very desirous to see the laws and religion of the nation setled upon the old foundations by a free parliament , which was all the prince declared for ; but many who were well-wishers to this design , will not renounce their allegiance to their king ; and now they see what is like to come of it , are ashamed of what they have done , and ask god's pardon for it , and are ready to undo it as far as they can . . besides a thousand occasions of discontent which may happen in such a change of government as this , which no body can possibly foresee , and yet may have very fatal consequences , there are some very visible occasions for it besides the sense of loyalty and conscience . how many discontents , think you , may arise between the nobility and gentry , who attend the new court ? every man will think he has some merit , and expect some marks of favor , to have his share of honor , and power , and profit , and yet a great many more must miss , than those who speed , and many of those , who are rewarded , may think they ha'n't their deserts , and be discontented to see others preferred before them ; and those whose expectations are disappointed , are disobliged too , and that is a dangerous thing , when there is another , and a rightful king to oblige ; for duty and discontent together , to be revenged if a new king , and to be reconciled to an old one , will shake a throne which has so sandy a foundation ; the like may be said of the soldiery , who are generally men of honor and resentment , and have the greater and sharper resentments now , because they are sensible of their mistake , when it is too late ; yet as they ought not to have fought for popery , nor against the laws and liberties of their country , so neither ought they to have deserted the defence of the king's person and crown , but have brought the prince to terms , as well as the king. thus you easily foresee , what a heavy tax must be laid upon the nation , to defray the charge of this expedition , and i believe the country would have paid it very chearfully and thankfully , had the prince restored to them their laws , and liberties , and religion , together with their king ; but you know men are apt to complain of every thing , when mony is to be paid , and it may be it will be thought hard to lose their king , and to pay so dear for it too : and tho what the convention does is none of the prince's fault , no more than it was his design , yet angry people don't use to distinguish so nicely . but there is a greater difficulty still than all this : there are no contentions so fierce as those about religion ; this gave life and spirit to the prince's design , and had the main stroke in this late revolution : and though popery were a hated religion , yet most men are as zealous for their own religion , as they are against popery . those of the church of england are very glad to get rid of popery , but they will not be contented to part with their church into the bargain , for this would be as bad , as they could have suffered under popery . the several sects of dissenters are glad to get rid of popery also ; but now they expect glorious days for themselves , and what they expect god almighty knows , for i am confident they don't know themselves . now consider how difficult it will be , for any prince , who has but a crazy title to the immediate possession of the crown , to adjust this matter so , as neither to disgust the church of england , nor the dissenters , and if either of them be disobliged , there is a formidable party made against them . this being the case , should the king be deposed , and any other ascend the throne , it will be necessary for them to keep up a standing army to quell such discontents ; for where there are and will be discontents without any tye of conscience to restrain men , there can be no defence but only in power ; and this will raise and encrease new discontents ; for it alters the frame of our constitution , from a civil to a military government , which is one of the great grievances we have complained of , and i believe english people will not be better pleased with dutch , or german , or any foreign soldiers , than they were with their own country-men ; and i believe english soldiers will not be extremely pleased to see themselves disbanded , or sent into other countries to hazard their lives , while their places are taken up by foreigners , who live in ease , plenty , and safety : and when things are come to this pass , which is so likely , that i cannot see how all the wit of man can prevent it ; i will suppose but one thing more , which you will say is not unlikely , that the king return with a foreign force to recover his kingdoms , how ready will the men of conscience , and the men of discontent be to joyn him , nay to invite him home again ; and if he returns as a conqueror , you will wish , when it is too late , that you had treated with him , and brought him back upon safe and honorable terms . secondly , let us suppose now , that all this should be over-voted ( for i am sure it can never be answered ) and the convention should resolve to proclaim the next heir . . you must be sure to examin well who is the next heir , that is , you must throughly examin the pretences of the prince of wales ; and yet if you have not good proofs of the imposture , you had better let it alone . for tho the nation has had general presumptions of it , yet a male heir of the crown is mightily desired , and people would be very fond of him , if they had one , and seem to expect some better proofs than mere presumptions against him , because common fame has promised a great deal more , and if you should either say nothing to it , or not what is expected , it would be a very plausible pretence for discontented people ●o quarrel . . suppose the princess of orange should appear to be the next heir , what if a lady of her eminent virtue should scruple to sit upon her father's throne , while he lives ? or what if she should scruple it hereafter , and place her father in his throne again ? this is not impossible , for virtue is greater than a throne . for my part , i think you will put a very hard thing upon so excellent a lady , and i pray god give her grace to resist the temptation . a regency is more tolerable , because a nation must be governed , and none so proper to govern it as the next heir ; but i should think , none who expect to wear a crown , should countenance subjects in deposing their king , nor accept of a crown upon such terms , as to take it off of a fathers head : it is a dangerous thing for a prince who has a title to the crown , to own that the crown may be forfeited or demised by such a withdrawing ; if this be not so , the princess has no right to the possession of the crown yet , and if it be so , her crown is worth a great deal less than formerly it was , especially if she own this secret by accepting the crown , which her ancestors always concealed , and which the best subjects of england would not believe before ; what they may do after this , i know not . thirdly , the next design ( i verily believe without the knowledg or thought of the prince , who has too great a mind to think of any thing , which in the opinion of any wise man could stain and fully his glory ) is to give the crown to the prince of orange , for it must be a gift , if any thing ; for he has no immediate title to it , that i know of : this is upon a pretence , that the government is dissolved , and therefore we must begin de novo , which is very ridiculous , when the king is still alive , and the laws in as full force as ever , only the regular administration of government at present interrupted by the king's absence ; but this is not the worst of it , for it is a dangerous pretence too , especially to men of quality and estates , as you are ; for if the government be dissolved , our laws are dissolved , and honor and property dissolved with them , and then i doubt the mobile will come in for their share in the new division of the lands , and set up for men of as good quality as any ; for if our laws are gone , we return to a state of nature , in which all men are equal , and all things common ; this i believe you will not be for , for the reason above-mentioned . if then the laws continue , the government is not dissolved , and the crown is not a gift , but an inheritance still , as much as your estate is ; and then the prince of orange cannot have it in his own right , because his own princess , and the princess anne are befoe him ; consider then what the consequence of this pro●ect would be . . this alters the essential constitution of the english government , by changing an hereditary into an elective monarchy , a thing which i know some men are very fond of : for then the next occasion they can find to quarrel with their prince , they may with as much ease turn it into a common-wealth ; for when the crown is at the peoples disposal , they may if they please keep it to themselves . . this will entangle all men of conscience in new difficulties ; for the oath of allegiance does not only bind us to the king , but to his heirs and successors , which must be understood of the next lineal heir , where there is no authority to alter it ; and whatever a parliament may be thought to have with the authority and consent of the king , no man pretends , that a convention of the estates has any legal authority to do it . i should be as heartily glad as any man , to see the prince of orange legally seated on the english throne ; but these are difficulties i cannot break through . thus i have given you my hasty thoughts , and pray god to direct you . i am yours . postscript . there is one thing more , i would beg of you , that the story of the french league to cut protestants throats in england , may be well examined ; for this did more to drive the king out of the nation , than the prince's army ; and if this should prove a sham , as some , who pretend to know , say it is , it seems at least to be half an argument to invite the king back again . in short , remember you are a convention not a parliament , and therefore nothing can give authority to what you do , but the good liking of the people ; and as necessity only can justifie your meeting without the king's writs , so i hope you will take care to do nothing but what will justifie it self to god , the king , and your country . at the court at whitehall this seventh day of november present the kings most excellent majesty ... : whereas complaint was this day made to his majesty in council, that his excellency the sieur citters, ambassadour residing here from the states general of the united provinces of the netherlands, was on the fifth day of this instant november, riotously assaulted in his coach, several squibs, stones, and firebrands being thrown, whereby his lady who was with him was dangerously wounded ... england and wales. sovereign ( - : charles ii) approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing e estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) at the court at whitehall this seventh day of november present the kings most excellent majesty ... : whereas complaint was this day made to his majesty in council, that his excellency the sieur citters, ambassadour residing here from the states general of the united provinces of the netherlands, was on the fifth day of this instant november, riotously assaulted in his coach, several squibs, stones, and firebrands being thrown, whereby his lady who was with him was dangerously wounded ... england and wales. sovereign ( - : charles ii) charles ii, king of england, - . broadside. printed by the assigns of john bill deceas'd, and by henry hills and thomas newcomb ..., london : . title from caption title and first lines of text. reproduction of original in the harvard university library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng great britain -- history -- charles ii, - . great britain -- politics and government -- - . - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion c r diev et mon droit honi soit qvi mal y pense royal blazon or coat of arms at the court at whitehall this seventh day of november . present the kings most excellent majesty , lord president lord privy seal duke of beaufort earl of huntingdon earl of bridgewater earl of chesterfield earl of sunderland earl of clarendon earl of bathe earl of craven earl of ailesbury earl of rochester earl of nottingham lord bishop of london mr. secretary jenkins mr. chancellour of the exchequer mr. chancellour of the dutchy mr. godolphin . whereas complaint was this day made to his majesty in council , that his excellency the sieur citters , ambassadour residing here from the states general of the united provinces of the netherlands , was on the fifth day of this instant november , riotously assaulted in his coach , several squibs , stones , and firebrands being thrown , whereby his lady who was with him , was dangerously wounded . his majesty highly resenting this great insolence offered to the said ambassadour , and for the preventing all disorders that may be occasioned by throwing of squibs , and making of bon-fires for the future , was this day pleased to order in council , that no person or persons whatsoever , do presume to throw any squibs , or other fire-works in the streets of london and westminster , or the suburbs thereof , or any parishes or places within the bills of mortality , or gather or assemble themselves together upon the pretence of making any bon-fires , or throwing any squibs , or fire-works , at , or upon any festival day , or at any other time or times whatsoever . and his majesty is likewise further pleased to order , that the right honourable the lord mayor , and the aldermen of the city of london , and the justices of the peace in their several and respective liberties , do from time to time give their particular orders to their inferiour officers to be diligent and careful in suppressing all such riotous and tumultuous meetings , and the seizing all such who are guilty thereof , that they may be prosecuted with the utmost severity of the law. francis gwyn . london , printed by the assighs of john bill deceas'd : and by henry hills , and thomas newcomb , printers to the kings most excellent majesty . . an ordinance of the lords and commons assembled in parliament for the speedy sending out the auxiliaries, under the command of major generall browne england and wales. parliament. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing e ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) an ordinance of the lords and commons assembled in parliament for the speedy sending out the auxiliaries, under the command of major generall browne england and wales. parliament. broadside. printed at london by richard cotes, [london] : . at head of title: die martis, junii, . reproduction of original in the harvard university library. eng great britain -- history -- civil war, - . great britain -- politics and government -- - . a r (wing e ). civilwar no die martis, junii, . an ordinance of the lords and commons assembled in parliament for the speedy sending out the auxiliaries, under england and wales. parliament a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion die martis , junii , . an ordinance of the lords and commons assembled in parliament for the speedy sending out the auxiliaries , under the command of major generall browne . it is this day ordained by the lords and commons in parliament assembled , that the committee of the militia of the city of london , shall have power , and is hereby authorized to command three regiments of auxiliaries , raised within london , and the liberties , consisting of foure thousand and two hundred men , or any lesse number , and such other forces as they shall thinke fit , either of horse or foot , raised , or to bee raised , under the command of the said militia , within the lines of communication , or parishes mentioned in the weekly bils of mortality , and hamblets of the tower , to march according to the discipline and order of warre , under the conduct and command of major generall browne . and such collonels ; lieutenant collonels , captaines , and other officers as the said committee shall appoint , together with all necessary provisions of armes , ammunition , ordinance , and other carriages , into the counties of oxford , berks , and buckingham , to joyne with such other forces under his command of horse and foot , already raised , or to bee raised , in the said counties , or else where , for the recovery and preservation of such parts thereof , as are now possessed by the enemy ; and upon such other service as shall bee commanded by the said major generall , with the consent of the said committee . and it is further ordained , that the said committee shall have power , and is hereby authorised to call backe such forces as they shall command , to march forth by vertue of this ordinance , when they shall think fit . and that all the said collonels , lieutenant collonels , captaines , other officers and souldiers , and other persons under the command of the said committee of the militia , whether masters , or servants , shall obey the directions of the said committee of the militia , from time to time , upon paine of imprisonment , or expulsion out of the limits aforesaid , and such other punishments as the said committee shall thinke fit to impose upon them , by reasonable fines , or according to the course of warre , and to levy the said fines by distresse , and sale of their goods , and to imploy the same for the service of the city , as the said committee shall thinke fit : and all sub committees , made , or to bee made , constables , headboroughes , provost marshals , and other officers , are hereby required to bee aiding and assisting from time to time , for the better furthering and effecting all such services as are contained or intended by this ordinance , according as they shall bee directed by the said committee within the limits aforesaid , as they will answer the contrary under the penalties herein mentioned . and it is further ordained , that all such forces as shall be sent forth by the committee of the militia by vertue of this ordinance , shall be paid during their continuance abroad , according to the new establishment of the army , under the immediate command of his excellency the earle of essex : by the committee , or committees established , or to be established in any of the counties aforesaid ; out of such monies as shall bee raised by them , in any of the said counties ; and likewise to make satisfaction to the committee of the militia , for any horse , armes , ammunition , money , or other necessaries , which they shall provide or disburse , for the furtherance of this service : and in defect thereof , all the said forces , and provisions , to be otherwise provided , and paid for by the parliament . and it is further ordained , that the sub-committees appointed , or to bee appointed by the said committee of the militia , shall have power , and are hereby authorized , to cause all , or any of the clauses contained in this ordinance , to bee put in due execution , when , and as often as they shall receive directions from the said committee . and as well the said committee , as also their sub-committees , and all other persons acting in the premises , according to the intent of this ordinance ; shall be saved harmlesse , by the authority of both houses of parliament . jo. browne cleric . parliamentorum . h. elsynge cler. parl. d. com. printed at london by richard cotes , . plain dealing: or the unvailing of the opposers of the present government and governors. in answer of several things affirmed by mr. vavasor powell and others: shewing, . that there is no reason to oppose or finde fault with the present government. . that there is not any scripture that doth justifie their opposing the present government. . that the word of god is for the present government and governors, and requireth us to own them and to be subject to them. . that the holy scriptures are against the opposition that is made against the present government and governors. . reasons to prove that his highnesse oliver cromwell and the right honourable his councel ought to execute the legislative power. / by samuel richardson. richardson, samuel, fl. - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing r thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) plain dealing: or the unvailing of the opposers of the present government and governors. in answer of several things affirmed by mr. vavasor powell and others: shewing, . that there is no reason to oppose or finde fault with the present government. . that there is not any scripture that doth justifie their opposing the present government. . that the word of god is for the present government and governors, and requireth us to own them and to be subject to them. . that the holy scriptures are against the opposition that is made against the present government and governors. . reasons to prove that his highnesse oliver cromwell and the right honourable his councel ought to execute the legislative power. / by samuel richardson. richardson, samuel, fl. - . p. printed by e.c. and are to be sold by john clarke at the entrance into mercers chappel at the lower end of cheapside, london, : . annotation on thomason copy: "jan. "; also the last number of the imprint date has been marked through. reproduction of the original in the british library. eng cromwell, oliver, - -- early works to . powell, vavasor, - . great britain -- history -- commonwealth and protectorate, - -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason e _ ). civilwar no plain dealing: or the unvailing of the opposers of the present government and governors.: in answer of several things affirmed by mr. vavas richardson, samuel b the rate of defects per , words puts this text in the b category of texts with fewer than defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - elspeth healey sampled and proofread - elspeth healey text and markup reviewed and edited - pfs batch review (qc) and xml conversion plain dealing : or the unvailing of the opposers of the present government and governors . in answer of several things affirmed by mr. vavasor powell and others : shewing , . that there is no reason to oppose or finde fault with the present government . . that there is not any scripture that doth justifie their opposing the present government . . that the word of god is for the present government and governors , and requireth us to own them and to be subject to them . . that the holy scriptures are against the opposition that is made against the present government and governors . . reasons to prove that his highnesse oliver cromwell and the right honourable his councel ought to execute the legislative power . by samuel richardson . i speak as unto wise men , judge what i say , cor. . . if i have spoken evil , bear witnesse of the evil : but if well , why smitest thou me ? joh. . . he that is first in his own cause seemeth just , but his neighbour cometh and searcheth him , prov. . . prove all things , hold fast that which is good , thess. . . london , printed by e. c. and are to be sold by john clarke at the entrance into mercers chappel at the lower end of cheapside , . plain dealing : or , the unvailing of the opposers , &c. i have seen great wickednesse under the title of a word for god : and in a paper called a testimony on truths behalf : i have seen many untruths . in former times , the church of rome covered and carried on all her filthinesse and abominations under the name of holy mother the church ; and seeing now one church will not do , it is carried on under the name of divers churches ; and lest that should fail and come short , they adde divers christians . it hath been a true proverb , in the name of god all evill begin : so the mandates against the lollards . richard by the grace of god , &c. in behalf of holy mother the church by the kings authority cause william &c. to be arrested and sent to us , that they with their pernicious doctrine do not infect the people of god ; so that the naming the grace of god , holy mother , church and people of god , then they were imboldened to condemn and burn the people of god . mr. powell and a few others do say that they have neither heart nor hand to the present government , is it not therefore necessary to make it appear that they ought to have both their hearts and hands to it , not only for wrath , but for conscience sake ? and that nature , reason , and the word of god requireth the same ; and that their opposing the present government and governors is not without sinning against god and men , and that the cause of their dissatisfaction is grounded upon ignorance and mistake , as is evident in the proof of these four particulars following ( in which the reasons of their dissatisfaction are answered . ) the first is , that there is no reason to oppose or find fault with the present government . this is proved , first from the government it self . . in that it is so ballanced and framed , that it provides for the good of all , there being not any thing in it but that which is for the liberty , safety , and welfare of the people . and , . that whatsoever good may be done in any government , may be done in this . . it is not possible for this nation to enjoy more liberty , benefit , and freedome in thing civil and religious then we do and may enjoy in the present government , as considered in the instrument . . for things civil we enjoy great peace and freedome , we quietly sit down under our own vines and eat the fruit thereof , and enjoy our relations , &c. that which some complain of is excise and taxes , there is no cause to finde fault with the present government for them , seeing they were before this government had any being , and greater then now , and in as much as this nation is divided into parties , each desiring to suppresse the other , no one of them if they had the upper hand could keep it without an army , and an army cannot be maintained without taxes , or free-quarter or plunder , which is ten times worse ; yet mr. powel and others call it but a pretence of necessity to continue taxes , &c. and as things are , tell me what civil priviledge can ye have more then ye have ; and there are evident reasons to make it appear , that if the kings party had the upper hand , there would be a greater charge and tax upon the people then now there is ; and if the taxes were more then they are , if necessity required them , there were no reason to complain of the government or his highnesse for them , because not his highnesse but the people reap the benefit of the taxes ; also the present income by them is not enough to defray the charge of the publick . . for freedome in religion it is so great it is even unspeakable , for under the present government we enjoy more liberty then we have enjoyed or have heard that ever any of this nation hath enjoyed since it was a nation ; we enjoy as much liberty as can be expected , as much as can be given , as much as lawfully may be desired , if that which is expressed in the instrument of government be performed . . under this government we may serve god according to our understandings and consciences , and be as holy and religious as we can be , we are not forced to be of the opinion and religion that the magistrate is of , right or wrong , and to change when he changeth his , or else be persecuted ; now men are not tempted to sin or play the hypocrites to avoid persecution , now men are ready to shew what they are , and if evil they may be avoided . . ye say ye are christians and have right to the things of christ , and who hinders ye of them ? if ye would have liberty , protection , countenance and assistance of the magistrate , ye have it , what would ye have more of the magistrate for the advancement of christs kingdome ? . this government maketh room and giveth place to the government of christ in the world , because it medleth not with making nor imposing lawes formerly made in matters of religion : therefore it is a great mistake to think this government doth oppose and hinder the government of christ , and untruly said , that we were ten thousand times further from our liberty then afore , mr. powell saith that we are deprived of our freedome more then in the daies of wicked kings , and that the blessed cause and noble principles are altogether laid aside : is not religion a blessed cause , and is it not a noble principle to deny the civill magistrate a coer●ive power in matters meerly religious ? and seeing the magistrate owns this principle , how is it denied ? if you would have greater liberty then we enjoy , tell us what is that liberty you would have ; i know no liberty that is denied , except you would have liberty to destroy us and your selves , where could ye expect so great liberty as the people of god now enjoy , but in and by this government . . there is no ground to beleeve that the people of this nation would ever have given us this freedome , or that any parliament chosen by them would ever give us this freedome , seeing the ministers and magistrate , cannot see that the bond betwixt magistrate and people is essentially civill : i see therefore no way to enjoy this freedome but from god ; in this way therefore we should as gladly accept of it as good newes from a far countrey . in as much as , . this government preserveth the lives of the saints and others ; if our nation and other nations had had this government , the people of god should not have been so abused as they have been ; they have been greatly tortured and put to death , some put into a red hot iron chair , others torn with wilde horses , some starved , devoured of beasts , cast into mines , beheaded , put into cold ponds all night in winter , a hundred of them have died with cold and hunger upon a mountain in a night , stripes , scourgings , stonings , plates of iron burning hot , dungeons , wracks , stranglings , prisons , teeth of beasts , gridirons , gibbets , gallowes , tossings upon horns of buls , drowning , whipt , roasted , hanged , burnt , choaked , putting out their eyes , sawn asunder , and crucified , and many other tortures , one of which one would not chuse to suffer for a world though all that can be inflicted are not to be refused for christ : in one day two thousand christians have been put to death , and seventeen thousand in one moneth , sixteen thousand were martyred in persia , two thousand burned together in a church in arabia , souldiers suffered for christ , and in france , spain , and britain , rivers have been coloured with the bloud of christians ; all the apostles of jesus christ were put to death , except john , he was banished to patmus , and put into a tun of scolding oyle yet did live : the apostle james the son of zebede martyred , james the son of alpheus stoned , james the brother of our lord stoned to death , bartholomew beheaded , matthias stoned and beheaded , thomas slain with a dart , peter and andrew were crucified , matthew martyred with a spear , philip crucified and stoned , mark burned , paul beheaded under nero , peter stoned , simon zelot crucified in britain , and all for religion , three papists and three protestants died in smithfield in one day in henry the . daies , they were carried thither two upon a hurdle , one a papist and one a protestant : if we esteem not freedome from these miseries , a great mercy , our eyes are blinded and our hearts are hardned : we need to remember and consider these things , that we may know what we enjoy , and that this present government prevents these miseries , and therefore god doth know that i do believe the present government is the most excellent and blessed civil government that ever england did enjoy ; therefore i say in answer to mr. powell , it 's evident they were well advised that framed and accepted it , and there was sufficient cause to warrant the alteration of the former ; this government is worth as much as our lives are worth , what good will all this world do me if i am to be hanged for an heretick ? the best of the people of god have in all ages been esteemed and called so ; freedome from corporal punishments in matters meerly religious , is one of the greatest outward blessings we can enjoy . . this government in the instrument provides to make sure this blessed liberty , for the future that no parliament shall meddle with this our liberty , without which we should have been at a great uncertainty ; for if one parliament or governour had given us this freedome , the next might have stripped us of it , and so have put us or ours into as bad a condition as ever we were under the bishops tyranny . . this liberty in religion preserves the lives of men in preventing wars , for the most of the wars in the world have been occasioned for religion . secondly , we have the testimony of many that were unsatisfied , that now upon further consideration do witnesse with us , that there is no reason to oppose the government ; & some that are not satisfied have wearied themselves , and see they can do no good of it , resolve to be quiet and to minde their own businesse , so that the opposition doth not increase but decrease , and the strength of opposers groweth weaker and weaker . thirdly , the words and actions of the greatest opposers of the present government , declare that they want a reason for their opposing it . . because they finde fault and expresse great dislike , but do not shew us a reason , if they had any , sure they would let us see it . . because they have had several meetings in private with themselves , and they cannot agree what to have , if they could have their own desires ; by which it appears they are to seek of a reason of their opposition ; if it were not so , they would shew reason against that they oppose , and shew a more excellent way with reasons to prove it so , which they have not done nor can do . . because they shun and refuse to examine and debate the difference with us when desired , which shewes they are not provided with a reason for their practise , as those that have not studied the point : and also it shewes that their opposition is not from a greater light , but from discontent , being disappointed and crossed , they complain and beget complainers that complain at they know not what . fourthly , their words want reason , to say a man do not do all he should , therefore the government is unlawfull , or he doth somethings amisse therefore he is no lawfull governour ; if there is reason in this reasoning , it is above my reason . if i promise to pay a sum of money in silver and i pay it in gold , is there any reason to call me deceiver and to charge me of breach of promise , covenants and ingagements ; it will appear the cause in difference is so , and that this government is a fulfilling of their promises , and in that way or in a better . is there any reason to charge his highnesse with having the government in one single person contrary to promise , when there is no such thing , for the government in the instrument is in three estates , and if it were only in him and his councel , they are more then one single person . is there any reason to finde fault with the title of protector , seeing the word saviours is as great , and the word gods is greater , i said ye are gods , psal. . . i did not think it lawfull to give the title of protector to any man , and so i said to his highnesse , and therefore i left out that word in my late apologie : since i did see that my ignorance was the cause of that mistake , and the former place and mr. john mores observation on neh. . . did satisfie me , and may satisfie any in this doubt . is there any reason to beleeve that those very few who oppose the government have a greater light or more love or zeal to god or man , then those many that fear god in this nation , that own and submit unto the present government and governors ? are they like to prevail or to do any good , that can make it no way to appear that they have any call either from god or man , scripture or reason , nor can agree among themselves what to have , though they may sign a paper without knowing what it is . there is no reason to desire to alter or change the government unlesse it were for a better ; we have not a better ; if they have , we desire they would let us see it ; they cry crucifie this government , we cry , what evill hath it done ? they cry , crucifie it , crucifie it , we desire to know what we shall have in stead thereof : they say ; down with this and trust god what we shall have ; if we should counsel them to make away all their estates , and trust god what they shall have for themselves , do you think they would do it ? do they think that those in authority or any man in his wits are so foolish to cast away this government before they know how to have a better ? there is no reason to alter this government , because if the government should be altered and changed as they desire , it would either be to no purpose , or else be for the worse , and tend to our ruine , and to destroy that which god hath built up ; for if it should be put into the hands of another or more , if he or they be of the same minde the present governors are of , then although the persons are not the same , our condition will be the same ; and if they be of other judgements and affections , where are we then but in a condition of ruine and destruction ? i wish from my heart that we could see when we are well , and that we could more blesse and praise the god of heaven that we are so well as we are . . they that oppose the present government call us that are for it apostates , flatterers , self-ended time-servers ; we answer , our lord jesus was called beelzebub the servant is not above his lord . but first , is there any strength or reason in such language to convince us ? so they condemn my apologie and me for it , but they shew me not wherein i have erred , all the answer i can get mr spitlehouse saith i am elymas , that satisfieth me that they can give me no better answer ; he gave a fuller answer , that said he had answered and confuted bellarmin by telling him that be lied ; so in stead of their bringing forth their strong reasons , as isa. . . to bring forth strong railing and lying like murmurers and complainers speak great swelling words , jud. . . that make a great noise , pride , pomp , luxury , lasciviousnesse , &c. but not mention wherein and prove it is so , i think the english of it is that they will tell us in particulars wherein when they know . the second is , that there is not any scripture that doth justifie their opposing the present government . this is proved , . because the word of god doth not condemn any form of civil government , therefore it condemns not this ; there is no form of civil government in christs testament , requiring all nations to observe the same , let those that say otherwise shew us if they can in christs testament the form of civil government they would have . mr. powell saith this government is not according to gods word ; if so , then the word of god is against it exprest , or by consequence expresly it is not ; if they say it is by consequence , we desire to see those scriptures from whence those consequences are drawn : for the late bishops did affirm , that the altar , crosse and surplice was commanded in scripture , to prove it they alledged cor. . . let ull things be done decently and in order ; we said we could see no altar , crosse , surplisse in that text ; they replyed they were there by consequence ; such consequence it 's like they have against this government , and as well carried to the text , not fetched from it . . because mr. powell and others that oppose the present government , do not profess to have any word of scripture for their so doing . for , . mr. powell &c. saith they have waited to see if god by his provi-might might alter our mindes ; so that it 's evident their opposition was not grounded upon the word of god ; if it were , they should not need have waited to see if god would alter their mindes . . they say , we hope god hath directed us ; they say not , we are sure , nor that the word of god is against it ; the hopes of many have failed , they should to the law and to the testimony , and be ashamed to maintain any thing that is uncertain and doubtfull , and to teach any thing that they cannot finde in the word of god . . they also alledge that the words and acts of men are against this goveenment ; so that it appears they cannot say the words and acts of god are against it . so , . they alledge for their opposing the government , we finde in our consciences , if they could have found any thing in the word of god against it , we should have heard of it in both ears : many and grievous evils have ben seen in the consciences of many ; i would know of them that in as much as the word of god doth not condemn this government , how comes is to passe that their consciences are offended at it , seeing not any thing can binde conscience but the word of god , that only being the ground and rule of conscience , how readest thou ? all moral persons have a wicked conscience full of scrupulosity ; no one should be offended at any thing , untill they can say the word of god doth condemn it ; therefore i condemn it , and it offends me ; and if this rule be observed , there will not be any offended at the present government . so they , . alledge their reall apprehensions : what are they but reall mistakes that flow from ignorance and passion ? . so they alledge to justifie their opposition many churches and names of beleevers as they say , which were needlesse to do if they had the word of god to charge us with , that alone were sufficient . also , . they call it their testimony , and well they may , because it is none of gods . as for the names ye mention ( and say ye might have had more names : why did ye not take them , though they are to no purpose ? ) i have looked over all the names , william jones , and john morgan , &c. and can see neither scripture nor reason in them to prove that which ye desire ; and whereas ye say your paper might have come sooner to our hands , but &c. it is come soon enough ; and it had been more for your credit , if it had not come at all . they might have alledged for their opposition of this government , &c. first , their dreams against it , which were the workings of their spirits when their bodies were asleep ; and of that which a man would have to be , he dreams it is ; so he that was a hungry dreamed he did eat , &c. secondly , the lustings of their spirits to envy : do you think the scripture saith in vain , the spirit that dwelleth in us lusteth to envy , jam. . . thirdly , the visions ( not of god , but ) of their own hearts . fourthly , their unquiet natures cannot skill of peace . fifthly , want of consideration of , and thankfulnesse for the many and great mercies we enjoy , and want of faith and patience to wait gods time for the rest . the third is , that the word of god is for the present government and governors , and requireth us to own it and them , and to be subject to them . this is proved . because there is no power but of god : the powers that be , are of god , rom. . . there is no civill power in these three nations above this , therefore this is the higher power which we are to own and be subject unto the present government is a power , and therefore of god ; therefore they said untrue it was not of god , nor according to his word : he that resisteth the power resisteth the ordinance of god , and they that resist shall receive to themselves damnation , rom. . . the scripture condemns them that despise government , pet. . . jud. . . the battle is not to the strong , eccles. . . therefore they say not true that say oliver cromwell set up himself by policy and strength of the army . . the scripture saith god doth it , he setteth up whom he will , luk. . . dan. . . prov. . . jer. . . if a sparrow fall to the ground , it is not without your father , then much more is not this government without your father ; for by strength shall no man prevail , sam. . . . . it is a branch of flattery to ascribe the doing of those things to man , which he never did nor can do , and is idolatry to give that to man which is proper only to god . man would have hindred this government but could not , god could but would not ; therefore he willed it and caused it to be : many devices are in mens hearts , yet the counsell of the lord shall stand , prov. . . if god had not willed it , it could not have been , for god worketh all things after the counsel of his own will , ephes. . . therefore all things that do happen , do come absolutely and of necessity ; that which cometh even , by providence , cometh by the order and appointment of god , act. . . & . . and hath more in it then permission . . the lord saith , in the last daies , viz the daies of the gospel , isa. . . i will restore thy judges as at first , isa. . . how that was , see judg. . , that man the lord raised up and was with , so as to make a chief instrument in delivering his people from their enemies ; the lord made that man their judge and counsellor , so was gideon and debora , &c. the lord hath raised up oliver cromwell , and hath been wonderful with him , and made him a chief instrument in delivering us from our enemies in england , scotland and ireland , and god hath set him up and made him chief governour over these three nations ; therefore he is a judge and counsellor as at the first , and is a fulfilling of that promise . one of the opposers said , that there was but three waies to come to government , election of people , birth , and conquest ; it is evident there is a fourth , which is best of all , and that is gods choice ; so moses was made a ruler by god over israel , or not so at all ; if he had been made so by the people they would never have said to him as some said then as now , ye take too much upon you , who made thee a ruler and judge over us ? act. . . . which is in effect as much as to say , ye are very willing and forward to set up your self ( god perswades japhet to dwell in the tents of shem ) ye take it , viz. it was not given you ; too much , viz. it s more then comes to your share , we know no call ye have to that place : it seems they thought he had no call unlesse he had their call , and was of their making , because they saw not god in it ; they eyed to see how much there was of man in it , and finding nothing of self in it , rejected him : the lesse of man , the more of god ; god never hath much glory in those things in which there is much of man : it is a sure rule where any great thing is effected , and there is little or nothing of man in it , there is much of god in those things , and in them god is more seen , acknowledged and honoured : all the works of god are by con●raries . . god hath owned the present government and governours , therefore we should own them and not oppose them : the event sheweth which side god is of , for they shall fight against thee , but they shall not prevail against thee ; for i am with thee , saith the lord , to deliver thee , ier. . . some have laid down their commissions , several have condemned government and governors , and cursed them , some have preached against them , and written against them , and called to god against it and them , many have consulted and plotted against them , tumults have been gathered together , and armed men have risen in several places in one time , notwithstanding it stands and they against all opposition , no weapon formed against it prospers , god hath wholly withdrawn himself from their prayers as against the government and governors , the enemies are disappointed and confounded ; god is lord of hosts , he by his strength stilleth the tumults of the people , psal. , . he setteth the bounds of the people , deut. . . beyond which they cannot passe : so the government , and governors , and we , are preserved , blessed be god for the same . therefore mr. powell said not true in saying that this government is not of gods approbation ; but it 's but his say so , because he doth not alledge neither scripture nor reason to prove it so : one speaking of religion , was required to prove by scripture that he said ; answered , i say it , as if it were enough that he said so ; we must take that or nothing where no more is to be had ; so here it seems they think their say so is enough to confirm their conceited self-willed and ignorant affirmations in which they abound in . . gods approbation of this government and governours hath appeared , in that the souldiers have owned it , the emperors have been chosen by the souldiers . . the government and governers hath been owned by god and man in that it hath been consented unto , not only by the greatest and most considerable persons in this nation , but also by the people in generall , by their owning him , and their obedience to him and the government ; what is all this but gods owning the government and governors ? god hath testified his owning them , and we are to follow the lord which way soever he goeth ; therefore we are to own them and assist them with our persons and estates , lest we sin and suffer for it , as the citizens of that great city of constantinople did , who refused to part with so much money as was necessary to oppose their enemies , though they were besought with tears to do it , they would not , neither freely nor by force , they stood for the priviledge of the subject ; it was not their priviledge to keep that money that the publick stood in need of though they thought so ; it was their ruine there , not parting with some of their estates , they lost that goodly city , and lost all their money and treasure , and their lives also ; the enemy seeing so great treasure and supply wondred at their folly . the fourth is , that the holy scriptures are against the opposition that is made against the present government and governors . this is proved , . because the scripture saith , put them in minde to be subject to principalities and powers , to obey magistrates , tit. . , . in resisting the powers they resist the ordinance of god ; and they that resist shall receive to themselves damnation , rom. . . object . if so , then ye sinned in resisting the late king , and so resisted the ordinance of god . . to this i answer three things , the first is , that our resistance was but a defensive war , which a king of england approved of when against himself . see acts monuments church book end pag. . . also the late king in beginning the war , became guilty of all the bloud shed in it ; if that had been all , there was sufficient cause for that to cut him off . . also the king was one with antichrist , against whom we are commanded to make war . . the opposers of the present government , &c. sin in that they do not seek the peace of the nation , but in stead thereof they disturb and indanger the peace of it ; for if they who were in captivity in a strange land were to pray and seek the peace of that place , jer. . . then much more ought the opposers and we to seek and pray for the peace of our native countrey , where we are not captives , but enjoy very great liberties and priviledges : and that which is my duty to do , i may promise to my power to do ; and if i seek not the peace of the place i sin : the opposers are so far from seeking the peace of it , that they are not willing that others seek it , that they shoot their sharp arrowes , bitter words at those that oppose their opposition . . the opposers sin in that they neglect to own the work god is a doing in this generation , which is a part of that generation work appointed for us to do : some that now oppose have owned gods work , and now appear to leave following the lord , and cease owning the work god is now a doing , and seek what in them lies to hinder god and man in that work . . the opposers sin , because in so doing ye nourish the works of the flesh , which ye should mortifie and crucifie ; the works of the flesh are manifest , in their opposition , hatred , variance , emulation , wrath , strife , seditions , gal. . , . one of them said in the pulpit , he wondred women could lye so quietly by their husbands and not provoke them , &c , which tended to the destruction of humane society : is this to preach jesus christ and him crucified , or rather is that preaching that crucifie christ ? they also shew us what lieth in the bottome of their hearts , we see like end like means , all is nought , god is not with you herein , to you it is not given ; what ye extraordinarily insinuate god with us and gards of angels , do ye think god will not take care of his great name ? will god leave his people and bring to nothing the many and great deliverances he hath given us ? he that hath begun our enemies ruine , will if they repent not make an end , psal. . , . . they sin in that they say against his highnesse whether it be true or false ; if it be true , ye uncover your fathers nakednesse , this god condemns ezek. . he was cursed that saw his fathers nakednesse and told it , and he blessed that covered it , gen. . , , , . . ye sin in that ye act contrary to the word of the lord , mat. . . but in stead thereof ye rail like mad men , for so ye are judged to be by many that hear you . . ye sin in that ye speak and affirm many things which are untrue to carry on your design , and to make the government and those in authority and us odious . . ye say ye are persecuted for christ and for religion , this i have proved false in my late apologie , and that in so saying ye persecute his highnesse , as gal. . , . act. . . & . . & . . mr. feak saith the words of his mittimus are to commit &c. in order to the peace and safety of the nation , by which it appears it is not for religion . . so they say that the saints are committed for their consciences : this is untrue , for they are imprisoned for their words , that oppose the present government and governors , is a thing of great concernment , and indangering the civil peace , to deny the authority under which we live ; to oppose the government and civill magistrate causeth debate , debate causeth a difference , difference causeth divisions and sidings of parties , sidings of parties causeth envie and jealousies , and condemning of each other , and that causeth variance , and variance greatly distracts mens mindes , distractions of mens mindes maketh seditions , seditions bring in tumults , tumults work insurrections and rebellion , insurrections make depopulations and desolations , and bring utter ruine and destruction of mens states and lives and the whole n●tion . the offence some of them commit tends to this , every governor is bound by the law of nature to use the means to preserve the peace and welfare of the people : some of their words that oppose the government , &c. strike at both , and it were a great sin in those in authority to suffer it ; if the good man of the house will not suffer his house to be digged through , much lesse is their practise to be suffered ; if a good man do ill , it is so much the worse ; for so much as he is in esteem or eminent for knowledge or goodnesse , so much the more evill and dangerous and taking is the evill that he doth ; and so much the more care and means is to be used to prevent the spreading of that evil , and so much the greater punishment he deserves that commits the evill , saints are to be under the temporall sword . his highnesse hath shewed great love , patience and forbearance to those that oppose and abuse him , and indanger all , untill there appear no remedy or hope of gaining them , nor that they will be quiet , and even then he dealeth friendly with them in that they are only secured and not put to no torture ; and that to prevent further danger , for that man that hath spoken most against him and much abused him , &c. though he should not confesse his fault in so doing , yet if he stould promise to be quiet and peaceable for the future , he would freely forgive him and quickly set him at liberty , which sheweth that all that is aimed at is the preservation of the peace and safety of the people , this is no hard measure , yet for this he is blamed , if they say they detest the imprisonment of the saints , they plead it is their conscience to oppose &c. and their testimony , but that is no argument to exempt any from punishment , if it were , there should no one be punished for any fault whatsoever , though it were insurrections , adultery and murder , that is some mens conscience and testimony . . so they say men are committed for they know not what : this is also untrue , they and others know it is for speaking and indangering the civill peace , or for not promising to be peaceable . so mr. powell complains because they are not brought to their trial , it 's well for some of them they are not brought to their triall , if they should they might suffer : the bishop of canterbury petitioned to be brought to his triall , they granted his petition , and cut off his head , but not without cause . . one of them said , that day the government was proclaimed , that it should not continue a year , ye see it hath continued longer , therefore it was from a lying spirit , or at best from a mistake , yet he will go on in opposing it . . they say the army fought against the late king because he was king , if they did so , they did ill , but i do not beleeve they were so simple ; if the being a king is unlawfull , why are we required to pray for kings ? why should christ and saints be kings ? he hath made us kings , rev. . . i was never against kingly government , but against their coersive power in matters meerly religious . . they say the king lost his life because he was king : no , it was for beginning the war , and the guilt of the bloud shed in it , &c. . mr. powell saith we build again what before we destroyed : this is also untrue , for they have destroyed corporall punishments in matters religious , and that is not built again ; also i know some call the triets antichristian , but i do not see them prove it . so they say it was but a pretended necessity , for the doing that his highnesse hath done . so they might say of david eating the shew-bread , mat. . so some of them had a hand in breaking up the first parliament : i aske them if they opposed the parliament upon a pretended necessity ? there is ground to beleeve he would not have done some things that he hath done , if absolute necessity of preventing evill and danger had not occasioned it : how can they judge of the greatnesse of the necessity , that are ignorant of the designers their designs , their causes and their circumstances and tendencies ? surely those who frequently judge of the measure of the necessity and so judge unwisely and unjustly of the necessity , and censure and condemn others . . mr. powell saith , these men who now build what they did once destroy , and justifie what they did once condemn ; witnesse their own writings , particularly the declaration of the officers and souldiers of the english army , august . . pag. . . whereof the lord cro●well was generall , the words whereof are as followeth : we are perswaded in our consciences , that the late king and his monarchy was one of the ten hornes of the beast spoken of rev. . , , . and that we were called forth by the lord to be instrumental to bring about that which was our continuall prayer unto god , viz. the destruction of antichrist and the deliverance of his church and people ; and upon this single account we ingaged not knowing the deep policies of worldly states-men , and have ever since hazarded our lives in the high places in the field ( where we have seen many wonders of the lord ) against all the opposers of the work of jesus christ , whom we have all along seen going with us and making our way plain before us , and having these things singly in our eye , namely the destruction of antichrist , the advancement of the kingdome of christ , the deliverance of his church , and the establishment thereof in the use of his ordinances in purity according to his word , and the just civill liberties of english men . . observe , it saith the late king was one of the ten horns of the beast , not as he was king , nor as he was chief governor , but because he gave his power , viz. his horn , his strength , to the beast , ( the false church of rome may be called a beast for her beastlinesse ) the lord bishops and popes priesthood , and so became one with antichrist of whom they were : the late king and his monarchy was a mixt power civill and ecclesiasticall together , he assume the title of defender of the faith , ( which the pope gave to henry . king of england ) supreme in all causes civill and ecclesiasticall head of the church , and so assumed the name and office of jesus christ to be a law-giver in matters of religion ; for what the bishops did herein , was by and under his authority ; all which is proper only to jesus christ , he is the head of his church , col. . . ephes. . . he is the only law-giver in matters of religion , jam. . . therefore it is blasphemy to give the titles of iesus christ to the king ; therefore it is said the names of blasphemy was upon the head of the beast . . with his horn , viz. power , the late king pushed and goared the people of god , persecuted the saints for not yeelding subjection to antichrists lawes ; he had an imposing spirit in matter of religion , which is the spirit of antichrist : and such a king and monarchy is not set up , nor desired . . they declare gods call to endevour the destruction of antichrist : and this they have done in part in destroying him and that wicked government ; god requireth his people to make war with babylon , antichrist , the army of the dragon , to shoot at her spare no arrowes , ier. . . god ordaineth his arrowes against the persecuters , psal. . . they that are with the lamb , rev. . . are to make war with the dragon and his army ; and there is great joy in the army of the lamb , to wound a chief officer , as a major generall as the late king was in the army of the dragon , and i saw him wounded and fell , i shouted for joy . . it saith that they sought the destruction of antichrist : this they have done ( as for the outward part of it in england ) in separating civill power , and excluding the ecclesiasticall . . it saith , they sought the deliverance of the church and people of god : this is effected in that they have done , and in delivering us from the late kings party or others that seek our ruine . . it saith , they sought the advancement of the kingdome of christ : now it 's advanced indeed above all things in the world , and as highly advanced as the magistrate can advance it , in that the magistrate is not set above it , nor have they set any thing else above it ; men have liberty to preach and print , pray and practise whatsoever makes for the advancement thereof , there is none to hinder them . . it saith , they sought to establish the church in use of ordinances in purity according to the word of god : this is effected in freeing the church from mens humane inventions in gods worship . . it saith , the destruction of antichrist was singly in their eye when they engaged : then it appears it was not in their eye to destroy kingly government , also they did not ingage against any other form of civill government , or the being of any chief governour that was only civill , therefore if they had set up a king with civill power , it had been no breach of this engagement . . they say they did not know the deep policies of men ; i desire they may know them so as to prevent them , and whatsoever policy or any thing else in any man or men , that is not for the glory of god and the good of these nations : the lord in mercy confound and destroy all such policies and designs ; and to this i beleeve his highnesse &c. is willing to say amen . . it saith , they ingaged for the just liberties of english men : this is done in part , and is a doing and will be done in gods time and way . therefore they have not broke their ingagement ; and if this ingagement had not been cited , i should not have been so fully satisfied of their keeping of it as now i am , and i appeal to any that are sober and wise , whether this government or any thing that is set up by those in authority , is a breach of this engagement , and yet this ingagement is culled out from the rest as a witnesse against them ; so that it seems , if this be kept , all is kept : and seeing this their proof faileth , which they call their witnesse , therefore their saying that his highnesse hath built what he destroyed , and justifie what he did once condemn , and that they have been fighters against the things they now practise , are all untruths . . mr. powell speaking of his highnesse , saith pride , luxury , lasciviousnesse , changing of principles , forsaking the good waies , justice and holinesse , are to be read in your forehead : was there ever the like seen to cast out so many great charges at once and alledge nothing in the world to prove them , only a bare saying that they are to be seen in his forehead , i looked in his forehead and i saw no such , things ; but it may be they mean it is to be seen in his title of protector ; if that be their meaning , that is very untrue , his title of protector being lawfull , as is above proved , is no proof of it ; i cannot finde in scripture that ever any of christs disciples , much lesse ministers gave such language . . mr. powell saith , the blessed cause and noble principles are now laid aside , and another cause and interest contrary to it is espoused : this is also untrue : and whereas ye say it is so as ye conceive ; it appears ye have no ground to say so , neither from scripture nor reason , nor any experience , but a bare conceit , viz. a meer evill imagination of the vanity of their mindes . . ye say the government overthrew the very foundation of a common-wealth : this is untrue , for it is the only way and foundation of a common-weal , and good of all , having equall liberty . . mr. powell charges his highnesse with slighting and blaspheming the spirit of god : oh great and terrible charge ! what is the reason ye expresse not , wherein and how it may appear ? and seeing ye only say so , we are to conclude it is a false charge till it be proved ; ye cry out of hard dealing by reproaches , yet herein ye exceed above all that ever i read or heard of . . ye say that we have mens persons in admiration , because of advantage , serve for wages , as if our owning the present government was contrary to our understandings and consciences : this i know and beleeve is untrue , and am fully perswaded that we have more light of conscience and comfort in owning and pleading for the present . government , then they have in opposing it . . ye say that tithes are a popish innovation : that is not true , for they are jewish ; and if they were required upon a civill account , i do beleeve that it cannot be made to appear that such requiring of them , is neither jewish , nor popish , nor unlawfull . . ye say that the prayers of the saints are against his highnesse : this is not true , though yours be against him also , their words plainly imply , that they esteem no man a saint but themselves . . ye say ye did not intend to pull down one person to set up another , ( some must be set up if we have any government at all ) in that ye say , nor an unrighteous power to promote another ; in saying the present power is an unrighteous power , ye say not truly , first prove it so if you can , and then say it ; so ye meddle not with judging his ends and others ends in stead of jndging your selves . . ye say the changing the late government was unadvised and unwarrantable : we say the contrary ; i did think that you were against joining the antichristian power with the civill sword . . so one of the opposers said in a pulpit , speaking of his highnesse , said that he was the son of a begger , which is neither true in it self nor comparatively ; for he was the son of a gentleman an esquire , and was offered to be knighted and refused it ; he had a considerable estate of yearly means more then enough ; his father was a knight sir henry cromwell and had an estate of yearly means of sixteen thousand pounds a year ; sir philip and sir oliver were brothers to his highnesse father ; the said sir oliver cromwell his highnesse unkle had twelve thousand pounds a year in old rents , and his highnesse mother was sister to sir thomas stewart , who was of the kindred and family of the late king : we glory not in the flesh , we glory in god , in being children of god , heirs of heaven and of an eternal and unspeakable waight of glory : but this is said to convince them , that what they say is false , and that they and others may see by what spirit they are led , in opposing him . it is a poor cause that cannot be carryed on without lying : but what if his highnesse had been the poorest man in the world ? then there would have appeared the more of god in raising him so high ; think ye that we are the lesse to love and esteem iesus christ because he and his parents were very poor ; that there was no room for such poor people in the inne , but in a stable , fitter for a horse then a family though poor . is there any reason to bring that for a charge against a chief governour that is not true , and if true , is no fault at all ? poverty is none ; what reason is there to gratifie and please the enemis of god , to cause them to rejoyce and to pour contempt upon the way of god for exalting them of low degree : love covers a multitude of sins , pet. . . and want of love makes those sins that are none . . there was a book printed called a declaration of members of severall churches , and a number of names as of one congregation , and there was not one of that congregation signed it ; this i can prove : is not this a way of lying and dissimulation ? saith the lord , i am against them that cause my people to erre by their lies , they shall not profit , ier . . thus i have given you a proof of some of the evils ye are carryed away with , and that which is here said is enough to prove that death and destruction is in your paths , you are fallen , you are fallen , and almost , if not altogether become one in opposing with those that god hath sufficiently witnessed against : know that god is for us , and that ye sight against god , therefore ye cannot prosper : his highnesse may say to each of you , forbear thee from medling with god who is with me , that he destroy thee not , chron. . , . i be seech you consider what i say , and weigh it in the sight of god with a calm and christian spirit ; and harden not your necks against the truth , as you will answer it to the great iudge . oh that you would lie down in the dust and acknowledge your iniquity , and return unto god by unfaigned repentance ; hast to do it , lest gods fury break forth like fire upon you , and there be no quenching : your return would rejoyce us much , as being welwishers to your souls and bodies , though i must declare against your sins , designs , and way , because ye have call an odium upon all the people of god that do own and submit to the present government , charged us with hypocrisie and dissimulation , and by your so doing ye cast an odium upon the name of christ which we professe , your lies are manifest , your carriage is not in meeknesse , nor are your souls possessed with patience ; ye are murmuters and complainers without cause , you father your words and actions in opposing to be of god and from the holy spirit of god , which is a blaspheming of the spirit of god : you are very unjust and unreasonable to charge his highnesse so deeply and falsly , because you never did nor can prove what you say to be true ; are ye so greatly deluded to think that such preaches and printings as ye make against the government and governors will do any good , except only to discover your madnesse and folly to all men ? i know you are great transgressors , and disclaim all your opposition of the government , &c. ye grieve the faithfull in that ye cause divisions and dissensions contrary to the doctrine ye have heard and learnt ; therefore we desire and warn all that fear the lord , and all others that desire their outward safety to withdraw from you and avoid you , as those that by good words and fair speeches deceive the hearts of the simple and are causers of divisions , as rom. . , . and that ye by your opposition strengthen the hands of the wicked , and harden the late kings party in their evill opposing , and ye approve , and justifie , and own by your practise all the opposition that hath been made against the people of god , and so are partakers of their sin , and are liable to their punishments : submit to god , seek meeknesse , consider rom. . . jam. . . if ye will not desist , your wilfulnesse in opposing will prove your sorrow , if not your ruine . and for the late kings party , i desire they would consider that god hath witnessed against them in the destruction and ruine of the late king and many of them , some say there hath been slain about eight hundred thousand in the late vvar in the three nations ; to whom must all this bloud be laid , but upon them which begun the war , and that was the late king and those that sided with him . say not he had cause to do that he did ; what ever the cause was he should not have begun a war , and god hath judged him for it : they have had many times the advantage of us in number and otherwise ; there hath been of their side many that have not wanted skill nor will , resolution nor courage , they have had severall times plain field battels , and several times tryed for it ; from whence is it that they have so often lost the day and have not prevailed nor can prevail ? it is plain enough expressed , i would they could see it , in jer. . . its time for them to consider that they have had multitudes of plots and devices , and all fruitlesse ; know ye not that many of you have been destroyed and ruined ? and if ye will still fight against god , it will be your ruine also ; if ye are willing to be destroyed , yet pity your wives and little ones , who are like to suffer and perish by your ruine : for their and your own good , cease opposing and plotting i beseech you submit to god , psal. . . and be preserved , if ye oppose ye perish , they that have thought otherwise have been often deceived ; do ye not see , the more ye oppose , the worse ye are ? for now ye have lesse favour and more charged then afore , yet do not think that ye are too hardly dealt with by his highnesse late proclamation , &c. he dealt too kindely and friendly with you till be did see that you were the worse for kindnesse , and that the requitall ye gave him was to seek his life and our ruine , for which ye deserve to die ; therefore ye may be content and glad ye scape as ye do , it is not fit to let you have a way and means to nourish you and inable you to seek our ruine . if ye will be quiet and peaceable , favour will be given you that you may live and your families : i fear you would hardly extend that favour to us if you were in our condition and we in yours . seeing god hath so often witnessed against you , be at last afraid of his tokens , as psal. . . before it be too late , i advise you for your good , it will be well for you if god will give you eyes to see it , and hearts to receive it . i say to all that oppose the present government and governors ; why are ye so offended at his government ? what evill hath he done ? and why are ye so offended at his highnesse ? what hath he done ? whom hath he wronged ? what hath he got by his great place , but great care , trouble , danger , reproaches , and that for seeking the welfare of others ? are ye angry for his doing his duty , for seeking the welfare and preservation of himself and others ? is not his interest and safety one and the same with the interest and safety of the people of god ? the welfare of the one is in the other , and all in god . true , there are three great oppressions not yet removed that many complain of , though they were not caused by this government , but were before it , and we hope and wait for a redresse therein ; the first will be removed , if that which is said in the instrument concerning the maintenance of the states ministers be performed ; the second will be removed if some way may be to prevent the great corruption in the law and the ministers of it ; i hear they are upon it : the other will be removed if the souldiers arreers , publick faith , and debts of the nation may be paid ; if the state cannot pay it , it is fit the losse and burden be borne equally by this nation according to their ability ; if it cannot be so paid in one year , it may in many years ; they may stay that can spare it : many of those that had great sums due to them , have not bread to eat , to them it is a great grievance to want their due ; and if they that are so oppressed be silent , their oppression will cry to god for help : we are not out of hope of remedy in these things , because his highnesse aimeth at the generall good of the nation , and just liberty of every man : he also is a godly man , one that feareth god and escheweth evill , though he is , nor no man else , without humane frailey ; he is faithfull to the saints and to these nations in whatsoever he hath undertaken from the beginning of the wars , he hath owned the poor despised people of god , and advanced many of them to a better way and means of living ; he hath been an advocate for the christians , and hath done them much good in writing , speaking , pleading for their liberty to the long parliament , and fighting for their liberty ; he with others hath hazarded his life , estate , family , and since he hath refused great offers of wealth and worldly glory for the sake and welfare of the people of god : god hath given him more then ordinary wisdome , strength , courage , and valour ; god hath been alwaies with him , and given him great successes ; he is fitted to bear burdens , and to endure all opposition and contradictions , that may stand with publique safety ; he is a terror to his enemies , he hath a large heart , spirit and principle , that will hold all that fear the lord , though of different opinions and practises in religion , and seek their welfare ; it is the honour of princes to pity the miserable , to relieve the oppressed and wrongs of the poor ; he is humble and despiseth not any because poor , and is ready to hear and help them ; he is a mercifull man , full of pity and bounty to the poor , a liberall heart is more precious then heaven and earth ; he gives in money to maimed souldiers , widowes , and orphans , and poor families , a thousand pound a week to supply their wants ; nothing in man more resembleth the nature of god , then a pitifull nature to supply others wants ; he is not a lover of money , that is a singular and extraordinary thing ; i never observed in any so little love of money , if he have to spare , and know others that are in want , he will give and not hoard up money as some do ; and if he had never so much money , he would lay it out for the benefit of these nations to the best of his skill ; i am perswaded that there is not a better friend to these nations and people of god among men , and that the people of god are not beholding to any man on earth so much as they are to him , and that there is not any man so much unjustly censured and abused as he is ; and some that now finde fault with him may live to see and confesse , that what i have herein written is truth , and when he is gathered to his fathers , shall weep for want of him . oh that we had more thankfull hearts for the multitude of his mercies that we enjoy , and god grant his highnesse long to be over us , and that he may never want a heart , power nor time to do those things that are for the glory of god and the good of these nations . the day will come that his highnesse shall be out of the reach of all reproaches , cares , pain and trouble , and shall enjoy an exceeding and eternall weight of glory , where his joy and peace shall be sweet , full , and eternall , and be for ever with the lord , where are rivers of pleasures , happinesse and glory for evermore . i do think my self bound in nature , reason , and religion , to own , speak , and write as i do in defence of the present government and governors , for these reasons , besides what i have said . . a man is to plead for his neighbour , job . . . he that hath friends must shew himself friendly , prov. . . and to praise him when need requires it , let another man praise thee , and not thy own mouth ; a stranger , and not thy own lips , prov. . . paul being accused , said , i ought to have been commended by you , cor. . . i and others owe him this service as a neighbour , as a friend , as a christian , as he is under god , our chief governor and protector ; for us to hear him so abused , reviled , and unjustly condemned , and be silent , is not only unjust , but very unchristian , unnaturall , and unreasonable , and a great discouragement to his highnesse , for us not to do so much as speak in his behalf . . his service and suffering for us in the late wars , and his great care , pains and danger for us , deserves much more of every one of us , then to speak and write for him . . others speaking against him unjustly , constraineth us to witnesse the truth against them , though i expect to be greatly blamed for it by them : i consider heb. . , , . . there are severall things printed against his highnesse which are not true , which those that are unborn may see it 's necessary that they also see an answer to them , and know that as some did write against him , that there were others that would write for him . . we ought to seek the peace of the place where we live : when there was a stir against moses , as now there is , caleb stilled the people , numb. . . . self-preservation admits us not to be silent , seeing others not only hazarding our estates and our lives , but also indangering the ruine of the three nations ; i love the safety and quiet of my countrey , and to use means for the safety of my self and others . . in charity to others , seeing them through mistakes sin and endanger their estates , liberties and lives , means is to be used to prevent it , this being one to inform , reclaim and save them , and so to discharge our duty to god and man . . lest our silence should be a consent , or interpreted so , and be an incouragement to them in their evill way , to bear witnesse against their sin , and clear our souls from guilt : because these are the present truths we are to own , every work being beautifull in its season . reasons to prove that his highnesse oliver cromwell and the right honourable his councell ought to execute the legislative power . . because his highnesse and councell is in a capacity to exercise the said power , which is ground sufficient for them to exercise it : he who is able to do good without commission , need no commission to do it : if i were able to remove all the oppressions under the sun , i would not aske neither leave , power nor commission to do it ; power and commission is given to effect that good which cannot be effected without it ; there is no ground to think the poor man had a commission to deliver the city , yet he did do it and was commended for the same , eccles. . , . . god by his providence setting them in the highest place , is gods call to execute the highest power , which is legislative ; they are called gods , because they have a power to make and give forth lawes for civill peace and welfare of the people ; the exercise of which is a chief part of their duty in that place ; and the reasons that justifieth their being chief governors , requireth and doth justifie their exercising of this power ; and that which will justifie and secure his highnesse and councell in that they have done , will do the same for the exercising of his power . . the sum and substance of the law of the land requireth their exercise of this power ; the safety of the people is the supreme law , so that whatsoever is for the safety and welfare of the people , ought to be done , whether it be by taking away bad lawes , or making good lawes . . the necessity of these nations is such in generall , that it doth daily stand in need of the exercise of the said power , also many greatly suffer by reason of the want thereof , there being many grievances which cannot be removed without it ; some seeking relief in their severall causes are informed , that it belongs to those that have the legislative power to relieve them ; therefore as great a necessity as there is of relieving the oppressed , so great a necessity there is of the exercise of this power ; for without this their oppression cannot be removed , and their necessities are such as cannot admit of any delay , much lesse to stay till the next parliament , if they should , who knoweth whether they will help or no ? i beheld the tears of such as were oppressed , and they had no comforter , on this side of their oppressors there was power but they had no comforter , eccles. . . so that his highnesse and councell knowing the necessity of this power , should be convinced in conscience that it is their duty to exercise it ; god requireth to do as they would be done unto , and to love their neighbour as themselves , the argument for the exercising of the said power , is the extreme necessities of others requireth it , and there is not any thing that doth more tempt those that are for this power to be against it , then the the not exercising the said power to relieve these grievances . . the law of god requireth the exercise of this power , for it requireth that oppressions and things hurtful and grievous be removed , that so the oppressed be relieved , but this cannot be done without this power , therefore the exercise of the said power is necessary and required by the law of god . . there is iniquity by a law , there be some lawes unjust , others ill framed , there be tricks in the law which cause great sufferings and iniquity in the officers , that iniquity in stead of justice runneth down like a mighty stream , and hath so continued a long time , and there is no way to stop it but in the exercise of the said power , in making a new law to help the one and hinder the other . . the end of power is to prevent evill and do good : the exercise of this power would both prevent much evill and do much good ; and as this is the greatest among men , so the exercise of it is able to effect the greatest good ; and in as much as there is not any great excellent and singular good thing can be effected without it , so much the greater necessity there is , that his highnesse and councell should exercise the said power . . there is not any unwilling that his highnesss and councell should exercise the said power , but those that are unwilling that they should exercise any power at all , and also evill doers desire it not , lest it should hinder their evill proceedings ; those that are for the having any power , desire to have it in its greatest perfection . . his highnesse oath expressed in the instrument , is so far from hindring their exercise of the said power , that it ingageth them thereunto ; for his highnesse is ingaged to cause justice to be equally administred , then he must of necessity exercise this power , else justice will not be equally administred : the . article in the instrument refers to article . his highnesse is to make lawes and ordinances for the peace and welfare of these nations where it shall be necessary , which shall be binding and in force untill the parliament meet , and order shall be taken concerning the same ; therefore although the parliament hath met , yet in asmuch as they have not taken order concerning the same , his highnesse and councell is to exercise the said power untill order be taken for the same ; also some say they were no parliament because they made no sessions . . a course in it self singular and unjustifiable , by reason of some circumstances falling in , may not only become lawfull , but a duty : so phinchas act was an exercise of power though he was no magistrate , numb. . . . god commended it , and rewarded it , , , . psal. . . . so david eat the shew bread which was not lawfull for him to eat , mat. . necessity made it lawfull . some say the law is against it , and that it is not good to alter a law , but to alter a bad law and make a new law for the peace and welfare of the nation , is not ill but well : god is pleased to alter and change some things in his own law and make new ones ; and must the lawes of men admit of no change ? men and their lawes are not perfect , times , persons and cases alter , and require alteration ; the late dispensations of god in these nations have been carried on contrary to the letter of the law , the safety of the people of god hath lain in crossing the letter of the law , which hath occasioned his highnesse to do that he hath done for the welfare of the people of god . a serious and solemn protestation . i samuel richardson do take god to witnesse , that i have not written any thing herein , but that which i beleeve with all my heart is true ; and if i knew that this should be the last hour that i should live in this world , and so were to have no more benefit by this government , nor of any thing in this world , i do beleeve i should witnesse to the truth of these things , and rejoyce that i had left this witnesse against the opposition that is made against the present government and governors : and i beleeve that which i have written is just and necessary , and that which is my duty to god and man to write of his highnesse and government as i have done . i have the evidence and testimony of my conscience grounded upon the word of god as i have expressed : i am satisfied , let men think and say of me , and do to me what they please , the will of god be done : and that i speak the truth from my heart herein , i appeal to him that knoweth all things , that searcheth the heart , and tryeth the reins , and weigheth the spirits and actions of men . so be it . six important quæres propounded to the re-sitting rump of the long parliament, fit to be satisfactorily resolved by them upon the question, before they presume to act any further, or expect the least obedience from the free-born english nation, after so manie years wars and contests for the privileges, rights, and freedom of parliaments, and their own liberties. prynne, william, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing p ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing p estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) six important quæres propounded to the re-sitting rump of the long parliament, fit to be satisfactorily resolved by them upon the question, before they presume to act any further, or expect the least obedience from the free-born english nation, after so manie years wars and contests for the privileges, rights, and freedom of parliaments, and their own liberties. prynne, william, - . sheet ([ ] p.) s.n., [london : ] by william prynne. imprint from wing. identified as wing p a on umi microfilm "early english books, - " reel . annotation on thomason copy: "w.p:"; "xber [i.e., december]. . ". reproductions of the originals in the british library (thomason tracts), and the harvard university library (early enlgish books, - ). eng england and wales. -- parliament -- history -- early works to . great britain -- politics and government -- - -- early works to . great britain -- history -- commonwealth and protectorate, - -- early works to . a r (wing p ). civilwar no six important quæres, propounded to the re-sitting rump of the long parliament, fit to be satisfactorily resolved by them upon the question, prynne, william c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion six important quaeres , propounded to the re-sitting rump of the long parliament , fit to be satisfactorily resolved by them upon the question , before they presume to act any further , or expect the least obedience from the free-born english nation , after so manie years wars and contests for the privileges , rights , and freedom of parliaments , and their own liberties . . whether their sudden stealing into the house by night , on monday the . of december after their forced dissolution by lambert , octob. . without any new summons or notice of their sitting given to any of their fellow-members , in the city , or people of the nation ; was not a work of darkness , rather than of light , better beseeming theeves than freemen , a guy faux with his dark lanthorn to blow up a parliament , than the honour and dignity of members of a real english parliament , and a bad omen of some dark d●signs against their fellow-members , and liberties both of the city and english nation ? . whether their placing armed gards that evening at the house , and all approaches to it and the next morning too , and giving colonel okey , and colonel alured ( the commanders of their gards ) their serjeant and door-keepers , strict special commands and orders , not to suffer any of the old secluded members so much as to come into the outward lobby before the house , ( whether footboys , apprentices , and other persons of all sorts had free access , ) much lesse to enter into the house ; and their forcible secluding of sir gilbert gerard , sir anthony irby , sir william waller , sir iohn evelin , mr. ansley , serjeant maynard , mr. prynne , and . other members more on tuesday morning , decemb. . out of the very lobby , in pursuance of their orders , till they crowded into the lobby by degrees against the door-keepers , and gards wills , who at first oft shut the doors against them , though they admitted apprentices , and others to pass in and out : and their seclusion of them out of the house when in the lobby , by keeping the house door fast locked against them , and ordering the door-keeper and serjeant not to open it , notwithstanding many demands to open it , and messages to them for that purpose , which they slighted ; not vouchsafing to take any notice of , after two full hours attendance by the members on them in the lobby ; nor so much as sending any member , nor their serjeant out to them ; as they usually do to every ordinary petitioner , or person attending them upon publick or private occasions ; be not a just ground and provocation for these and all other secluded members , ( being about . times more in number and interest to those then sitting , and the real house of commons , ) with all the respective counties , cities , boroughs , ports for which they serve , with as high co●●empt and scorn to neglect them and their illegal conventicle , ( not the tenth part of a commons house , ) to protest against all their votes , proceedings as null and void to all intents , and not to yield the least obedience to any orders , votes , or commands of theirs , till all the members be freely admitted without any restrictions , to sit and act amongst them ; it being both their privile●e , birthright , and inheritance , and they obliged by their protestation , and solemn league and covenant , constantly , zealously and chearfully to defend the same with their lives and estates against all violations , all the daies of their lives ; and therefore now if ever , in this sad posture of publick distractions ? . whether this their disdainfull , uncivil , unbrotherly treating of their fellow-members ( desiring nothing else but a brotherly association with them , to compose the manifold distractions , and make up the wide breaches of our sinking , dying nations , by their united councils and endeavours , and to regulate all exorbitances , occasioned by their heady councils and miscariages ) in not allowing them the privileges of porters and footboyes to enter into their outward lobby , in taking no notice of them , and putting this fresh affront upon them , after so many former indignities , in the midst of their and our domestick confusions and fears from forein parts , be not an evident demonstration ; that they intend neither the publike peace , unity , nor settlement of our government , laws , liberties , or nations , but their unjust support of their own private interests , rapines , ambitious tyrannical usurpations and exercises of supreme parliamentary civil and military authority over our three nations to imbroyl them in new wars and confusions , to prey upon the small remainder of their real and personal estates , by the power of the sword , now gotten into their hands , out of the army-officers ; who abused it likewise to the oppressing and enslaving of the people , and created them a parliament without the secluded members , and house of peers ? . whether their disdainfull , injurious forcible seclusion of the members , by their own special orders and commands to their gards and officers now , be not a shrewd evidence , that their former seclusions , decemb. . and . . and may . and . . ( acted by , and fathered on the army-officers , and seemingly disowned by themselves ) were secretly procured & countenanced by them , thus openly owning their last seclusion , by their precedent orders and subsequent approbation of it ; and that at their very first re-assembling , after their own late forcible seclusion , by lamberts and hewsons regiments , now entertained and imployed in their service , to seclude , and keep out their old honest fellow members , of untainted integrity and merit ? whether it be not a greater breach of privilege , trust , duty , tyranny , perjury , and treason in them , against all former declarations , the protestation , solemn league and covenant , taken and subscribed by them , with hands lifted up to the most high god , thus to seclude their fellow members : than it was in cromwell and harrison , april . . or for lambert october . last to seclude and turn themselves out of doors , after their declaring and voting it treason , perjury and tyranny in them ? whether this their secluding of the members by col. okey himself , and others who appeared most active against their exclusion by lambert , will not draw a self-condemnation on them , as acting by their commands , against their consciences ; and justify both cromwels and lamberts seclusion of themselves ? and justly encourage all their newly reduced soldiers and others , to shut and turn themselves out of the house again upon any emergent occasion or discontent , with greater boldness and impunity than before , since they justified their last seclusion , by their former underhand encouragements of them to seclude the majority of the members , who over-voted them in decemb. . and give them orders to seclude them now again upon the same account in the same month of december , for fear they should over-vote them if re-admitted ? . whether their printed vote , decem. . to take the business of their absent members into debate on the . of ianuary next ; instead of giving admittance , or any answer to the . secluded members waiting for an answer in the lobby above . hours , be not a meer dilatory cheat put upon the secluded members , the city of london , and whole nation ; to delay their admission till they have put new gards on , and drawn up all their forces to london , to over-awe the city , and hinder their long-delayed militia for their own security ; and setled the militia of every county under their own commands , to enslave the whole city and nation to their tyranny and usurped parliamentary power ; and then they will not only forcibly keep out all the members , but absolutely eject them , unlesse they will take their new oath and ingagement : as is evident by their speakers prohibiting the lord maior and common council on saturday last to set up their chains and settle their militia ; and their order and vote on munday night against all forces raised without their order , to hinder the m●litia in the city , when they commanded the militia in the suburbs and westminster to meet and act that day : and by some of their discourses to two seeluded members ; that there was no hopes of their admission , unlesse they were for a commonwealth , would take the ingagement , and confirm what they had done : and thereby become as guilty , treacherous , perfidious , disloyal , and hurtfull to the publike as themselves ) which those members assured them , they would never submit to , being against the privilege of parliament , their judgements , consciences , protestation , covenant , former oathes upon their first admission as members . . whether the city , or english nation , can expect the least justice ease or redresse of their insupportable burdens , taxes , and impositions from these new tax-masters , who ( though they are not yet the tenth part of a full commons house ) presumed to pass and print a new act of parliament , to continue their expired customs and excises on them , till march next ? whether their unpresidented presumption , in arrogating to themselves the title , power and authority of a parliament ; when all laws , and lawbooks resolve , their own consciences and the whole nation infallibly know them to be no parliament , nor commons house , hath not brought them within the compasse and penalty of this clause in their own last act , before their dissolution by lambert , october . intituled , an act against raising of money upon the people without their consent in parliament : and be it further enacted , that no person or persons shall after the . of october , . assess , levy , collect , gather or receive , any customs , imposts , excise , assessment , contribution . tax , tallage , or any sum or sums of money , or other impositions whatsoever , upon the people of this commonwealth , without their consent in parliament , or as by law might have béen done before the third of november , . and be it further enacted and declared , that every person offending against this act , ( therefore every of themselves who passed this new act , decemb. and those who shall put it in execution ) shall be and are hereby adjudged to be guilty of high treason , and shall forfeit and suffer as in case of high treason . whether the people of this commonwealth ( the thousand part whereof knew not of their new sitting ) did ever consent to this sudden extemporary new act , made the first morning of their sitting in lesse than two hours space , when there were but . members in the house ; . secluded members at the door , and near . more members yet living , ( besides the whole house of lords , who must stand for cyphers ) absent , and not privy to their session , or this act ? if not , ( as is unquestionable ) whether by this their own law and act , they be not adjudged to be guilty of high treason , and to forfeit and suffer as in case of high treason , for this their imposing and continuing of customs and excises on the people ; as well as for their seclusion of their members ; which they voted to be treason in lambert ? and whether the offices and common soldiers can upon this account expect any pay from the city or country , or indemnity for secluding those now sitting , if they offend again in secluding the greatest part of the members , which are in truth the only house , which can only really pay and indemaifie them ? the danger wherein the kingdome now standeth, & the remedie cotton, robert, sir, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a stc . estc s this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : , : ) the danger wherein the kingdome now standeth, & the remedie cotton, robert, sir, - . [ ], , [ ] p. printed, [london] : . by sir robert cotton. place of publication from stc. in this edition, a r line ends: selfe. central library (bristol, eng.) copy identified as stc on umi microfilm. reproductions of the originals in central library (bristol, eng.) and the henry e. huntington library and art gallery. appears at reel (central library (bristol, eng.)) copy and at reel (henry e. huntington library and art gallery copy). created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng great britain -- defenses -- early works to . great britain -- politics and government -- - -- early works to . great britain -- foreign relations -- - -- early works to . - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - jonathan blaney sampled and proofread - jonathan blaney text and markup reviewed and edited - pfs batch review (qc) and xml conversion the danger wherein the kingdome now standeth , & the remedie . printed , . as soone as the house of austria had incorporated it selfe with spaine , and by their new discoveries gotten to themselues the wealth of the indies , they began to affect and haue ever since pursued a first monarchy . the emperour charles the fift would first lay the foundarion thereof in italy , by surprising rome : from this , hee was thrust by the force and respect of religion : henry . being made caput foederis against him . he then attempted it in high germany , practising by faction and force to reduce them first to pettie states , & so to his absolute power . thus hen : . againe preuented him , by tying the lutheran princes under his confederacie and assistance . his soone the second philip , pursued the same ambition in the nether germany , by reduction whereof hee intended to make his farther way into the other . this the late queene of england interrupted , by siding with the afflicted people on the one part , and making her selfe the head of their protestants league with the princes on the other : drawing in as a secret of state the countenance of france , to giue the more reputation , and assistance to them , and security to it selfe . spaine seeing his hopes fruitlesse by those vnions ands straights , began first to breake if hee may the amitie of france and england ; but finding the common danger to bee a fast tye , hee raiseth vp in that kingdome a faction of his owne , by which the french king was distressed , that had not the english counsell and assistance relieved him , spaine had there removed that next and greatest obstacle of his ambition : his counsell now tels him from these examples , that the way to this great worke is impassable , so long as england layes a net in his way ; and the remoue of that must bee the first of his intents . this drew on those secret practises often against the queene , and his open furie in . against the state ; which shee seeing by following the advice of a free counsell , would never after admit of peace , winning thereby the hearts of a loving people , who ever found hands and money at home , and keeping sacredly her aliances abroad , securing to her confederates all her time , freedome from spanish flattery , and so ended her old and happy dayes in glory . spaine then by the wisedome and power of that great lady dispoiled of his meanes to hurt , though not of his desires , makes vp with her peacefull successour of happie memory , that golden league , that discerning vs at home by opinion of securitie , and giving them a power in our counsell by believing their friendships , & pretented mariages , gaue them a way to cherish amongst vs a partie of their owne beliefe , of power abroad to leade in jealousie , and sow division betweene vs and our confederates , by which we se they haue swallowed vp the fortune of our masters brother , with the rest of the imperiall states ; distressed the k. of denmarke , by that quarrell , diverted the swedens assistance by the warres with the pole , and maining him now with the ofex of the danish crowne . and now whether from the plot , or our fatalitie , it hath cast such a bone betweene france and vs , as hath made themselues by our quarell of religion a fast confederate , and vs a dangerous enemy : so that now wee are left no other assurance against their malice and ambition , but the netherlanders where the tie of mutuall safety is weakened , by daily discontents bred and fed betweene vs , from some ill affected to both our securities ; that by the doubtfulnes of friendship , as we now stand , wee may rather suspect from our owne domesticke faction : if they grow too furious , they will rather follow the example of rome in her growing , that held it equall safetie , honorable & more easie dare regem , then subiugare proviciam , cōsidering the power they haue in their hands , then to giue any friends assistance to serue the present condition of our state . you may therefore see in what tearmes wee stand abroad , and i feare me at home for resistance in no better state : there must be to withstand a forraine invasion , a proportion both of sea and land forces for to giue an enemy an easie passage , and a port to relieve him in , is no lesse then to hazard all at one stake ; and it is to be considered , that no march of land can be of that speed to make head against the landing of an enemy , nor no such prevention as to bee master of the sea : to this point of necessarie defence , there can be no lesse thē . for the land forces : if it were for an offensiue warre , the men of lesse liuelihood were the best spared , and were vsed formerly to make such warre purgamento repub : if wee made no farther purchase by it : and for a safetie of a common-wealth , the wisedome of all times did neuer interesse the publique cause to any other , then such as haue a portion in the publique aduenture , and that we saw in . when the care of the queene and counsell did make the body of that large army no other then the trayned band with which the auxiliaries of the whole realme amounted to no lesse then . men ; neither was any of these drawne from forth their countries and proper habitations before the end of may , that there must bee no long agrievance to the publique : such discontentments being euen to vs a more fatall enemy then any forraine force : the carefull distribution and direction of their sea and land forces , being more fitting for a counsell of warre , then a private man to advise of . i passe it over , yet willing when i shall bee called humbly to offer vppe such observations as i haue formerly gathered by the former like occasions in this realme . to make vp this preparation , there is requisite two things ; money , and affections , for they cannot be properly seuered . it was well and wisely said of the great counsellor the l. bvrleigh in the like case to the queene , win hearts and you haue their hands and purses . and i finde that of late , diffidence hauing bin a defect in the one , it hath unhappily produced the other . in gathering then of money for this present need , there is requisite three things , speed , assurance , and satisfaction , and the way to gather as others in the like case haue done , must be by that paith-way that is called , via regia ; being more secure and speedy , for by vnknowne and vntrodden wayes it is both rougher and tedious , and seldome succeedeth : this last way although it tooke place as it were by a supply at first , and received no generall deniall ; yet since , it hath drawne many to consult with themselues and others in the consequence , and is now conceived as a pressure on their liberties and against law ; i much feare , if now againe it bee offered eyther in the same face , or by privie seale , it will bee refused wholly ; neyther finde i it , that the restraint of those recusants haue produced any other effect then a stiffe resolution in them and others to forbeare : besides , although it went at first with some assurance , yet when wee consider your commissions and other formes incident to such like services ; that how long it hangs in hand , the many delayes that wee may easily see , that such a summe by parliament granted is farre sooner and more easily gathered . if any make the successions of time , to produce an inevitable necessicitie to inforce it ; if denied , whether in generall , or by excise , or by imposition , or particular in some select persons , which is the custome of some countries , and so conclude it as therefore the publique state suprema sege , hee must looke for this to bee tolde them ; that seeing necessitie must conclude alwayes to gather money as lesse speedy or assured , then that so practised , which cannot bee fitter then by parliament , the successe attendeth the humour of the heedlesse multitude , that are full of jealousie and distrust ; and so vnlike to comply to any vsuall course of leavie but by force , which if vsed the effect is fearefull , and hath beene fatall to this state : where as that by parliament resteth principally on the regall person , who may with ease and safety mould them to his fit desires , by a gracious yeilding to their just petitions . if a parliament then be most speedy , assured and safe way , it is fit to conceiue what is the fairest way to act and worke it to the present neede : first , for the time of the vsuall summons , reputed to bee . dayes , to bee too large for this present necessity ; it may bee by the dating of the writs lessened , since it is no positiue law , so that care be had that there bee but one county day ; if then , the same to bee leavied bee once agteed of for the time : in the body of our graunt there may be assignement made to the knights of every shire and county respectiuely , who vnder such assurance may safely giue security proportionable to the receipts , to such as shall advance in present for the publique seruice any summes of money , the last and weightiest consideration if a parliament be thought fit , is how to remoue or comply the differences betweene the king and the subiects in their mutuall demaunds , and what i haue learned amongst the better sort of the multitude , i will freely declare , that your lordships may be more enabled to remoue and answere those distrusts , that either concerne religion , publique safety of the king and state , or the iust liberties of the common-wealth : for religion is a matter that they lay neerest to their conscience , and they are led by this ground of jealousie , to doubt some practise against it : first , for that the spanish match was broken by the gratefull industrie of my lord of buck : out of his religious care ; as there hee declared , that the articles there demanded , in some such sufferance as may endanger the quiet if not the state of the reformed religion heere . yet there haue ( when hee was a principall actor in the conditions of france ) as hard , if not worse to the preseruation of our religion passed , then those with spaine ; and the suspect is strenghthened , by the close keeping of his agreements ; in the point there concluded . it is no lesse argument of a doubt to them of his affectios , in that his mother and others , many of his ministers in neere imployment about him are so affected , they talke much of his aduancing , men papistically deuoted so placed in the campe of neerest service and chiefe command ; and that the recusants haue got these late yeares by his power , more of courage then assurance ) then before . if to cleere these doubts ( which perhaps are worse in fancy then in truth ) hee take a course , it might much advance the publique service against the squeamish humours , that haue more a violent passion then setled judgement , and are not the least of the opposite number in the common-wealth . the next , is the late losses , misfortunes , and losses both of men and munition , and how in our late vndertakings abroad , which the more temperate spirits impute to want of counsell , and the more sublime wits to practise . they began with the palatinate and lay the fault of the losse there , on the improved credite of gondamor distrusting him for the staying of supplies to sir horace veere , when collonell cecill was cast on that imployment : by which the king of spaine became the mr. of the kings childrens inheritance ; and when count mansfield had a royall supply of forces to assist the princes of our part for the recovery thereof , eyther plot or errour defeated the enterprise for vs to spaines advantage ; that sir robert mansfields expedition to argiers , should purchase only the security and guard of the spanish coasts ; to spend so many . l. in the cales voyage against the aduise of the parliament , onely to warne the king of spaine to bee in a readinesse and so weaken our selues , is taken for such a signe of ill affection to him amongst the multitude ; the spending of so much munition and victuals , and money , in my lord willovhbies journey , is conceived an vnthriftie error in the director of it , to disarme our selues in fruitlesse voyages , may ( to seeme over curious ) seeme a plot of danger , to turne the quarrell of spaine our auncient enemy ; that the parliament peticioned and gaue supply to support vpon our allies of france , and so some after ( a new and happily ) gaue much talke that wee were not so doubtfull of spayne as many wish since ? it was held not long agoe a fundamentall rule of theirs and our security , by the old lord bvrleigh , that nothing can prevent the spanish monarchie , but a fastnesse of the two princes whole amitie , gaue countenance and courage to the netherlanders and german princes to make head against his ambition , and we see by this disunion a fearefull defeat hath happened to denmarke , and that party to the aduantage of the austrian family , and thus farre of the waste of publique treasure in fruitlesse expeditions , and an important cause to hinder any new supply in parliament : another feare that may disturbe the smooth and speedie passing of the kings desire in parliament , is the late waste of the kings liuelyhood whereby is like and in former times to arise this jealousie and feare that when he hath not of his owne to support his ordinarie , for which the lands of the crowne were settled vnalterable and called sacra patrimonium principes , that then hee must of necessitie rest to those assistances of the people , which ever were collected and consigned for the common-wealth : from hence it is like there will be no great labour and stiffenesse to enduce his majestie to an act of resumption , since such desires of the state haue found an easie way in the will of all princes from the . hen. to the last , but that which is like to passe the deeper to their disputes and care , is the late pressures they suppose to haue beene done vpon publique liberties and freedome of the subiect , in commanding their goods without assent by parliament , confining their persons without especiall cause declared , and that made good by the iudges lately , and pretending a writ to commaund their attendance in a forreine warre ; all which they are like to enforce as repugnant to many positiue lawes and customary immunities of this common-wealth ; and these dangerous distrusts to the people are not a little improved by his vnexampled course , as they conceiue an inland armie in winter season , when formes times of greatest feare produced no such , and makes therein their distracted feare , to coniecture idly , it was raysed wholly to subiect their fortunes to that will of power , then of law , and so make good some farther breach vpon their liberties and freedome at home , then defend from any force abroad : how farre at home such jealousies ( if they met with any vnusuall disorder of lawlesse souldiers ) or vnapt distemper of the loose and needy multitude , which will easily turne away vpon any occasion , in the state they can side with a glorious pretence of religion & publique safetie , when their true end will bee onely rapine of the rich ( and ruine of all ) is worthy a provident and preventing care . i haue thus farre deliuered that ( that which freedome you pleased to admit such difficulties as i haue taken vp amongst the multitude ) which may avert if not remoue impediments to any speedy supply in parliament at this time , which how to facilitate may better become the care of your lordships judgements then my ignorance , only wish , that to remoue away a personall distast of my lord of buck : amongst the people , hee might be pleased if there bee a necessitie of parliament , to appeare a first adviser thereunto , and what satisfaction it shall please his maiestie of grace to giue at such time to his people , which i would wish to be grounded with present of his best and fortunate progenitors , and which i conceiue will largely satisfie the desires and hopes of all , if it may appeare in some sort to be drawn downe from him to the people , by the zealous care and industry that my lord of buck : hath of the publique vnitie and content by which there is no doubt , but hee may remaine not only secure from any farther quarrell with them , but merit happy memory amongst them of a zealous patriot , for to expiate the passion of the people at such time with sacrifice of any of his maiesties seruants , i haue ever found ( as in edw. . rich. . hen. . ) no lesse fatall to the master then the minister in the end . finis . notes, typically marginal, from the original text notes for div a -e anno. . a letter written to a gentleman in the country, touching the dissolution of the late parliament, and the reasons therof. hall, john, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing h thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) a letter written to a gentleman in the country, touching the dissolution of the late parliament, and the reasons therof. hall, john, - . milton, john, - , [ ], , [ ] p. printed by f. leach, for richard baddleley at his shop within the middle temple gate, london, : . signed on p. : n. ll., i.e. john hall. sometimes attributed to john milton. the final leaf is blank. annotation on thomason copy: "by mr. john milton"; "may ". reproduction of the original in the british library. eng england and wales. -- parliament -- dissolution -- early works to . great britain -- politics and government -- - . a r (thomason e _ ). civilwar no a letter written to a gentleman in the country, touching the dissolution of the late parliament, and the reasons therof.: hall, john b the rate of defects per , words puts this text in the b category of texts with fewer than defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion a letter written to a gentleman in the country , touching the dissolvtion of the late parliament , and the reasons therof . senec. troad . quaeris quo jaceas post obitum loco ? quo non nata jacent . — london , printed by f. leach , for richard baddeley at his shop within the middle temple gate . a letter written to a gentleman in the country , touching the dissolution of the late parliament , and the reasons thereof . sir , yours of the th past came safe , and with it your admiration of this great change which hath happened in the dissolution of the late parliament , which i not at all wonder at ; for as this island hath afforded the greatest revolutions that i think any memory affords us , of any time or place , so i believe this to be the greatest of them ; and so much the greater , as that it was done , in a manner , in an instant , without contestation , without effusion of blood , and , for any thing i can perceive , without the least resentment of those whom it generally concerns . but when i shall put you in remembrance of what i have often enforc'd to you , or to say better discours'd , for the other is needlesse , that the wayes of providence are inscrutable , and such , as , though they seem to us unexpected and temerarious , yet are carried on with such a strange and supreme kind of design , it wil be easie for an humble and an acquiescing mind to see , that by severall invisible degrees , they bring forth their last & propos'd intendments , yea with those instruments which seem and intend to do the contrary . what man could have suppos'd , after the dissolution of the parliament preceding this last , to have had another so soon ? and for this last , who could have imagin'd that by act it should have continued , much more gloriously have undertaken the defence of an injured people by open arms against an oppressor , and that these undertakings , with admirable variety of successe , should have been crowned with the extirpation of tyranny , and the decollation of the person of a tyrant ; that that great omniscience should so blesse the endeavours of a common-wealth , now as i may say in its very swadling-clouts , as by them absolutely to reduce those dominions in years , which a series of proud & lusty monarks could not in centurys do ? besides that navall opposition so fortunately & gloriously made against the greatest maritime enemy in europe , or to speak with due acknowledgment , in the earth . yet are these men , after all these vigorous and happy actions , suddenly dispersed like down blown off a thistle , and their power devolv'd into such hands , which a god hath made instrumentall in these strange emanations of his divine will , so we may humbly conceive , he intends to make further use of to the finishing of that great work , which by such visible signs , he hath mad appeare he hath in hand for the glory of his name , the felicity of these nations , and i believe for the blessed alteration of all europe . i am neither stoick to believe that all things are link'd by such a strong chain of fate , as that there is nothing left to man but mechanically to act ; nor yet can i resign my self to an absolute belief of that saying of plato , that to pray or fear is needlesse , it being out of our power to prevail by either , but i shal modestly affirm it , that as i ever use to send up my prayers for the best things i could , upon the emergencies of the severall times , so upon the breaking out and discovery of every hidden councell of above by some illustrious accident , i have thrown my face upon the ground and submitted to it , never examining the meanes by which it was brought to passe , but the end to which it was brought ; for i cannot deny unto you , that i have that reverence , and resignation to my great lord and maker , that as i believe every dispensation affords to me in particular , ( be it bitter or be it sweet ) a means of that grand consummation of felicity , which i am hereafter to endeavour and expect , so even in politick bodies , wherein so many dear to him are concerned , he suffers not any turn or revolution , but his omnisciency directs it , to the bettering or more happisying of that people . and truely in my apprehension this is done at this season , and though you seem to stare at it , as being unwilling to acknowledge that his hand is wise and powerfull , yet methinks it were an argument wortheir of an atheist , to say , that irregular actions proceed from a carelessnesse above , than for a christian to imagin that his designations in the altering the affairs of any state should not tend to a bettering of that state , and that that power into which he puts it , is not , in his mind , more fit and proper to manage it than that from which he took it ; for if a fly fall not to the ground without his consent , i beseech you what shall we consider of his care in the disposition of millions of men , things of his own image , without a high disbelief and contempt of his providence ? though i am not ignorant what some people ignorantly , or peradventure splenetickly and maliciously say , that he may suffer such things for the punishment of a people , and for their reduction , yet when i seriously consider it , that as nothing but good can flow from that pure and simple fountain of goodnesse , so are his ways of providence , so far as purblind we can see . he chastises private men differently from publick bodies , some that he dearly loves , he afflicts , purges , and refines , gives them heavinesse for a day , that they may hereafter have an everlasting weight of glory . states he sometimes afflicts for their own sins , sometimes for those of their governours , but still out of his mercy he considers those that are dear unto him , and searches out if there be ten good in sodom , which if there be , he carries them out of their captivity into the land of promise . out of these considerations i for my part humbly submit to this mysterious and sudden action ; and because i perceive you not so well satisfyed with it , am content with what present reasons i can , and out of my little intelligence , and small understanding of things , to give you an account . and therefore we are to consider , first , the manner of government by the last parliament ; then the right of obedience to superior powers ; and lastly , the effects , or events , that may come upon the late change . for the first , i confesse they were a people of miracles , god made them gloriously instrumental in the rescuing of his people from bondage , yet many of them were content to self-centre , or to say better , lay little designes for their own greatnesses ; so that , while they seemed to look direct upon the publick interest , their businesse was to look asquint upon their own : as if they had been employ'd by their country not to make up publick , but private breaches . besides that , the house being by the last purge made thin , and few in a capacity to sit , and fewer active , ( unlesse some that only trudg'd at committees ) there was an opportunity given them to become so familiar with one another , that what by their ordinary at whitehall , and what by their conferences at the speakers chamber before the sitting of the house , little was determined but out of design and faction : oppositions and conjunctions were laid , private interests interven'd , ( and these commonly by way of exchange , ) needlesse things mightily insisted upon , whilst thousands of poor creditors and petitioners starved at their door with their printed papers , unheard , unregarded , unlesse a crasty sollicitor had undertaken ( for it is a term i hear as common as practise among lawyers ) to make some members , and this with great expectation , and with such successe , as commonly taught them what it was to trust ; whilst all this time the house , under whose hand this work lay , were laboriously content to sit four times in a week , and that much about the rate of . or . houres a day , whereas the whole week had been time little enough for their work . and as for committees , unlesse they were either very standing , or some great men notably engag'd , there have been some men have attended nine or twelve moneths to bring one together , and this possibly for an adjournment of as long a time . and i beseech you , sir , consider , that though some wholesom laws they made , and many happy actions have been done under them , yet god hath some precious instruments still over-ruling these odd designs & combinatons , which are otherwise privately hatch'd by some corrupt ones among them . what these men have done as to establishment and liberty , i am to confesse they have altered the titles of writs , they have told us we have a commonwealth , but for any essential fruits thereof , a man may ( drolling ) say , they have cut off the head of a king , and set a commonwealth upon his shoulders , which like epistemon in rabelais ( who was beheaded in a fight ) are so finely sewed together , that they return out of hel , and tell things that they did there . for to speak freely , what they did for us was very inconsiderable , and with such a spanish slownesse , that unlesse either some particular interest , or some immediate necessity enforc'd them to hast , it was a common difficulty of a year or two to get passe an act. if this had been out of grave consideration , or any laudable and politick providence , the present age might have been content , and posterity made happier : but it was either their work , or made it appear their work , to spin out the time , wast the day in the tossing of a feather , and then came in some motion of an old grandee , who had so much a year given him for resigning up an illegal office ; or stood up some other , who brought old arrears , ( which it may be the poor souldiery was never satisfied for ) and for this , he must have such a sum of money out of discoveries , by which some countryman or other must be brought into vexation , and forc'd to compound ; the publick businesse in the mean time was commonly pre-disposed on in the speakers chamber , and ordinarily at the speaking of the cue , ( which was the usuall business of some shallow fellow put upon it ) confirm'd and transacted . and as for petitions , they had such a rare and excellent faculty of dispatching them , that i believe there have been . petitions offered to them , that could never be read , half as many read , that received none but delatory answers at committees , and i doubt as many more were deterr'd , out of the meer consideration of the successe of others . but you will say , they set up a committee for petitions , i grant you they did , but it was with such rules , and such restrictions , that i believe it very impossible to make any person appear that was thereby benefited . thus much to them as a body , to break it in pieces , and look on it in the individual , he were a dis-ingenuous man that would not confesse , that there have been among them as brave men , as wise and worthy patriots , as any nation ever had . but yet if you will take into your remembrance , that there have been many lands sold , first the bishops , then the dean and chapters , then the king's , queen's , and prince's , then the fee-farms , ( the forest lands too coming on ) then the delinquents , and all these to be doubled upon ( a touch whereof i shall give you anon by way of digression ) and all this to be dispatched by trustees nominated by the parliament ; you must needs think there was very notable carriage in this businesse , as to the profit of the common-wealth . for first , d. per pound must be allowed in point of purchase ; then you had registers ( who constantly dispatched by deputie ) at high fees , and their under-officers as cunning and as ravenous as those of the old courts . then must march forth an army of ignorant and unlearned surveyors , and these at sh . per diem , to return surveys sometimes low , in the favour of some noble gentleman , in whose eye it was to purchase , and sometimes excessively high , for to over-ballance the other ; ( besides the kings lands , which being allotted for the payment of the souldiery , were commonly over-valued by one half , ) whilst in the mean time a single mathematician did properly all their work to their hands ; and all this , besides a pestilent sort of people called messengers , &c. who intangled rights , disturbed the people , and carried on the businesse so excellently well , that possibly much about one half might by their endeavours be brought into the coffers of the common-wealth . after the return of this survey , so laudably perform'd as i have described to you , an honest member casts a sheeps-eye at such a manour . marry then he goes to gurney-house , sends in his name , and tels them he was to attend the parliament immediately ; upon that he is called in , though other people had been design'd , and other businesse directed for that time ; and by his authority , or friends at the table ( for he that had a hand in placing them there , must needs have favour from them ) makes a contract as low as possible , gets it may be so long time , as that he may pay for the manour out of the mansion-house , or the woods ; and by this means it is incredible to what estates some have raised themselves . one of them who was a brewers clark , his man was heard to say , that he thank'd god his master had now l. a year . another gentleman having not an over-considerable fortune before , hath made it . or l. a year , and hath been heard to say , ( as i am informed ) that he had more land than any man in england . another comming out of a draper's shop at york , hath convey'd himself into an estate in possession and reversion of above l. a year . but examples of this kind are innumerable . this brings me on to tell you , that the commonwealth hath been as just and as unjust in point of their debts , as 't is possible for men to be ; just they were in providing satisfaction for their creditors ; unjust they were in delay of time , and the little satisfaction they received by it . for was it not an unreasonable thing , that l. really lent out , or ( which is as good ) earn'd , should be reduced to so many twenty-pences , or two-shilings's ? yet the commonwealth pays it to the full , with interest , whilst the needy creditor happly is glad to preserve life by that means ; whereas men that had money , doubling thus , ( a way indeed at first thought on for better advance , but since proving to the destruction of the creditor ) and traffiquing with accepted bils , either made a shift to make or per cent . of their moneys , or if they had any hearts for the parliament ( which was not common ) were content to take improveable lands as years purchase , or thereabouts : so that many people of very inconsiderable fortunes , have now prodigiously arriv'd to vast estates . i know one , formerly not worth score pounds in all the world , now by valuatiō of the country where he lives , worth pound a year . others i have known worth nothing at all , that now can reckon to and pound per annnm . but you may tell me again , that this is no argument against a government . i say it is a good one against the governors , since they are so palpably engag'd in it . by this time i conceive you to be of opinion that things were not so admirably well governed , yet many things being matters of private sufferings , many honest hearts were content to sit down , and groan under their own misery , rather than interrupt such publick proceedings , as they saw god so eminently glorified in . but when we had reduced our enemies abroad , and brought them upon their knees , and began to entertain hopes of a future peace , and established liberty , we were diverted by other designs , and the businesse was , how to continue a lazy unactive power , not to remedy the sufferings of a nation . this brought the army into consulation , a sort of men whom god hath so singularly own'd , and crown'd by so many remarkable successes , that it was easily perceivable that god intended by them to do strange things . these as free people first declar'd , that they would assert our liberties , and since did not only rescue but protect the parliament , and assist them in the late grand negotiations . without them , they might have been exposed to the affronts of the multitude , and as in-effective as against the prentises when they shut up the door ; with them they have done marvelously . now the case stands thus , the liberty of the people being recovered by the sword , that is to say by the army , this army continuing as a mediator , or ( if a man may say so ) a supervisor of the peoples liberties , it must be proper for them to see that no encroachment may be done thereupon . but here comes the pinch , the parliament have not satisfied the people , neither by effectuall laws , nor vigorous proceedings , the people are discontented ; the army want not their resentments , they are moved for a new parliament , ( but irregular motions move slowly ) they trifle it off two or three years , and frivolously debate it into a necessity , and at last provide the businesse so , as that their kingdom may stand , and others sit with them upon the throne , that is to say , like theseus his ship , perpetually to be peeced , and made into the same . but this neither stands with the fundamentall right of a parliament , nor established liberty . for if you will allow a common-wealth , you cannot allow any thing more destructive to it , than the continuation of many men in the same power , especially unlimited and supreme . for otherwise knowledg of faces , acquaintance , familiartty , and those little intrigues men will make , though they hate one another , will bring all to ruine . but yet such a design as this were they about , and when they saw that a necessity was upon them for to break up at last , they then came down to the third of november this year , but the act which had been years a hammering , was so warily provided , that what in point of electors and elected , we should have been within a month after the new parliament in a worse condition than we had been during the sitting of the old . they that were to be electors , were people that had not forfeited their liberty , which in english is rendred thus , people it may be un●ble , uncapable , malignant , and malicious enough , though such as never offended the state , but in their ale ; these to be elected , men that had constantly been true to the common-wealth . this if the malice and cunning of men can do any thing , will amount to as much as to say , that many malignants who from their very hearts and souls hated the cause , and all its dependances , yet in point of interest and profit , having engaged in it , might have been brought in . besides that the presbyterian party ( which is meerly a jesuit in a genevah cloak , but somewhat more insupportable ) may by this rule all come in . for they may have vigorously acted at the first , whilst they thought the beer which was a brewing might be their own mornings draught , but seeing it was provided for others , they took snuff , and forsook the house , nay and are become enemies ; so that upon this account , instead of bringing a select company of honest gentlemen to debate together , we should have brought so many bandogs to have travers'd factions . for what other could we expect when men of such humors and tempers should necessarily meet ? this you will say , might be prevented by examining the returns of the writs . suppose it . but here is first , an impossibility to that end , as who can discover a mans heart ? who a mans ways ? who can judge that a convert is reall , or absolutely assure himself , that another man is not an hypocrite ? for things of another mans bosom is matter of the nicest scruple in the world ; and an exact hypocrite may deceive the most cautious and nice counsail that can be made among men . yet supposing this businesse feasible , here arises another question , whether the peoples right or no , in point of election , be not extinguish'd by this supervising ? ( for as yet i cannot find any other word for it . ) for either they have a right of liberty to choose , or not , but both parliament and army have declared they have ; therefore their election is good : but if there be a power paramount to allow or disallow of this election , ( which supposing an examination of the returns of the writs , you must needs grant , otherwise it will be in vain to examine them ) then that election of theirs signifies nothing ; for if i in a case of law choose my arbitrator , and the judge , or a third party hath power to allow or disallow him , i cannot properly be said to have a choice , because choice is an effect of freedom , and freedom and controlment are things that cannot consist together . so that hence it will amount , that this provision was weak and not of assurance enough to our purpose , and if two inconveniences were to be run upon , it were much better to run upon the lesse . this is an hypothesis , i see not how it could be salved otherwise than by choosing such idoneous persons , and that in such a number as might carry on the work ; for though multitude of counsellors is strength and safety , yet in distemper'd and turning states it is weaknesse and distraction ; and these such kind of men as are fit to have the reigns of a nation in their hands , and such as by a swift and due prosecution of justice should satisfie the people , what it is to be free . this is a businesse either to be done by the parliament , by the people , or by the army . the first like cunning brokers would not do it ; the second like troublesome ideots cannot do it , and the third as wise guardians must do it . and therefore though this change may carry much in it as to appearance of fear and terror , yet when a man will consider these two things , that the liberty of his nation ought to be the dearest thing to him under heaven , and that without these men and means it cannot be preserved , ( for take away the force that protects us , all our enemies shall flow in upon us ) he must necessarily grant a submission to what they do . for he that hath power to command , hath also power to guide , theone without the other being insignificant . and therefore since we are in a tempest , let us come to this rock ( to speak at the harshliest ) rather than perish . for you cannot conceive but the worst government in the world is infinitely better than none at all ; or to speak a little closelyer , an ill government well manag'd , may be much better than a completer form of government ill manag'd , people still judging by their safety , or liberty , or civill advantages , the effects not only of their government but rulers . for matter of change of government , lest you may be dissatisfied , i have thus much briefly to say , that considering the actions of the late parliament , and their dissolution , we are to remember by what means they were called , and for what end . they were called at first by a writ of the king , and that by the ordinary summons of a writ , and that on the kings part compulsively . but god that hath a mind to do much out of little , so prospered them , that by an act of the whole parliament as then it stood , they were enabled to sit till they should dissolve themselves . t is a question worthy the resolution of a lawyer , whether these men sitting by that authority , were not tyed to follow exactly the rules of it ? for certainly every law or commission ties according to the intent . they thought fit to throw out the lords spirituall , alias bishops ; they manage a war against the king upon their own authority , and by vertue of that act ; they were purg'd of malignant or ill-affected members , by the army , ( whose duty it was to interpose in so dangerous a time ) and at last declared and established a common-wealth . thus did they act , and that to the eternall renown of the nation , for four years together ; but , when dieases grew upon them ( as all sedentary bodies are slow and unactive ) there appear'd such a lazinesse in the execution of that power , such a lethargy as to act in the right of the nation , that these immortal persons , whose blood had been stirr'd or spill'd in their cause , began to awake , and remember for whom they had done so great things , that is to say , for the people . and therefore , they being ( as i have said ) arbitrators , men whose eys were open , and consciences not branded , rise up , and begun to look and consider in what condition the people was , whereof they were a part ; and therefore , when neither addresses , reasons , proposalls , nor petitions , of a long time could prevaile , it is not strange at all if they were forced to that of the physician vre & seca . i know your objection before hand , that the action of the lord generall in the dissolution was somewhat rough , and barbarous , and i shall not trouble you with a long answer , that , as to his person , as he hath in the field declared himself one of the noblest assertors of our liberty , and as great an enlarger of our territories as ever was , so as for any particular designs of his own in point of government , it must be a scrutiny greater than humane that can discover , how he either intended to invade us , or to make us a prey to any ambition of his . and therefore if upon this grand revolution , he might appear to his enemies passionate , yet considering the extremities that great minds fall into , and the great trust committed to him , it will appear nothing but the discharge of that duty that lay upon him . to have done such a thing as a single generall , wants neither example nor president ( but i would not injure an argument in a letter by the by , which i could make good in a whole treatise . ) for you may remember that of caesar to metellus the tribune , young man ( sayes he ) 't was easier for me to say this than to do it , a speech ( sayes sir francis bacon ) both the proudest and the mildest that ever came out of the mouth of man : for at that time he was breaking open the sacred treasury , which by ▪ the lawes was not to be broken open . but it is otherwise here , this was not a rash precipitate act of his , but a trust , and result of those under him . t was fit he that was the most eminent should appear , and he as civilly without noise or disturbance did it . and therefore acting by their votes , and by their consents , it was their action as well as his ; and it was no more his action than it is the action of the head moved by tendons and muscles which are parts of the body , and without which the head it self could not possibly at all move . so that here it comes to a question , whether it be better for us to be in slavery under the name of liberty , or in liberty under the effects of slavery . i have told my thoughts before , in what condition i conceiv'd our liberty was , and i repeat it once again , that i think this present is the better expedient . for supposing that the severall counties should withdraw their severall members ( for i suppose they could not of late pretend to sit by vvrit ) certainly they would never have made a quorum in parliament ; and suppose they should call them to account , where had one authority without the consent of all the counties , or rather all people capable to demand it from them ? and if you will say that the liberty of the people by this meanes is stifled , i must tell you again , it is only suspended , 't is a sword taken out of a mad mans hand , till he recover his senses ; and therefore , till we be s●lted , coagulated , or centred , ( call it what you please ) it is tantum non impossibile for to lose such a liberty of choosing a representative as a rationall man may expect good from . it is a scruple that hath vex'd many people , how and in what manner , or whether or no , we are to obey new governments , ( this is the second point i proposed ) and this comes by reason of oathes impos'd by governours , who think thereby to chain men to them , whereas if we consider it , promissory and obligatory , oathes tye private men , semper & ad semper , ( as the school-men tell me ) whereas obedience to a sovereignty ( which being plac'd in one or more is the same ) extends , nor can extend no further than during the protection thereby received . for to put the case at the worst , i am among a company of theeves commanded upon my life not to discover , the casuists say , that this secrecy of mine , though they be outlawes , and persons under the heaviest censure of iustice , ought to be perform'd , for this is but a price of my life ( besides my promise ) and in that consideration i ought to forbear it . but i 'l take it at the best sense , insteed of falling into the hands of theeves , i am under the protection of those that protect me from them , and then i must say that i owe these men the very same obedience , but much more religiously and with a greater deal of honor and veneration than the o - other . the first may take away my life if they please , the second cannot only secure me , but avenge my blood upon the murtherers . the first are unaccountable , unlesse by their private punishment , these responsible . for i remember a thing that bodin said excellently , that the king though he make lawes , it tied to those lawes ; and therefore accountable . they are invisible , these visible . and therefore a man would rather chuse his security of such as he knew where to repair to , and by whose means he might be redressed , than such a one as could not own it self . for let men imagin what they will , yet upon largest consideration , and deepest experience , they must find , that allegiance and protection are so related that they cannot be separated one from another , and that the absurdities of the contrary are such as cannot rationally be avoyded . for i must necessarily swear either to person or place ; by the person i understand a man governing , or claiming to govern , either by himself or successors ; by place i understand a particular mans vassalage , liberty , or privilege in any one country . as to the first , it concerns not me by what name any man is distingnished , the determination of his power determines my obedience , which ( as i have said ) is correlative to protection . as if charles stuart should enjoyn me a command i should perish in , i ought not by any law of god or man to obey , unlesse he could protect me in the execution ●hereof . or suppose the king of france should command me to proclame the same person king here , i should be so considerate as to remember a hurdle and tyburne , and therefore disobey . for if the civilians allow it , and that generally , that a stranger doing a misdemeanour in another country , though properly he is not tryable by the lawes of that country , yet thereby ought to be punished ; i say it is as much reason that a native , doing against the lawes of his own country , be they in whose hands they will , should be ten times more punished ( if it were possible ) as a breacher of faith , and a desertor of that protection by which he lives . honest men may dissent in little things , and it may be their wayes of reasoning are not the same , but for any man under what pretence soever , to act against the grand design of the happinesse of his nation , is such a matter , as whoever would tell me , that a man were a peaceable man , and withall assaulting me with a stilletto . there is yet another thing that may stick in your stomach , ( which is the last thing proposed by me ) which in respect you have urged with a little earnestnesse i am content to clear you of , and that is , the great losse of reputation which you suppose we may receive from our neighbours and correspondents abroad . certainly , sir , if you would but remember , that in matter of publick treaties , persons are not dealt with , but nations ; ( for our late king treated with don john of portugall , and yet this was no breach of the league between him and spain ) it can signifie no more than the alteration of the title of their credentialls ; for all treaties between states , are between the powers of those states . and though usurpation or election appoint one name , yet still it amounts to this , that the state is concerned , and that only . friendships in private men are different from those of princes , and that as much as the mariages of princes one to another : princes are married by interest and pictures , private men by acquaintance and affection , and no doubt if boccalini were alive , and should hear any man affirm that they did otherwise , he would say they were tramontani , and not allow them portar la dottrina sopra le spali . but this doth not come home to my question , that which i would particularly insist on is this , that i believe this change or event will contribute more to our happinesse than if we had still languished under our former sufferings . i have told you what the head of the army is , to tell you of the rest were a● vain flattery and inconsideracy ; but since god hath own'd them as such excellent and worthy persons , and made them glorious in their severall generations , i must be content to look up and reverence them . 't is true , great births are hard in the labour , and many glorious men have been cut out of the womb , therefore wonder not , if the account that they may give you be slow , or possibly slower than you expect . i am no member of their councills and by a late infirmity lesse able to attend them , yet if i can believe any thing ; or understand men when they make the clearest professions , they intend all noble things , both as to the glory of our good god , the making happy of this poor nation , setling the liberties of it , and reducing of us into one mind , and one way . but these are not only wishes of mine , but hopes , and certain expectancies , and i believe they will convince these men to be lyars that speak against them . but now i think i have put you to all the tryalls of your patience , which if my infirmity had not been , which confin'd me to my chamber , i could not have done , but i rely so much on your candor , and i believe you think so well of my veracity , as i want not the impudence to affirm my self ( however you take it ) your affectionate servant n. ll : london may . . finis . rights of the kingdom, or, customs of our ancestors touching the duty, power, election, or succession of our kings and parliaments, our true liberty, due allegiance, three estates, their legislative power, original, judicial, and executive, with the militia freely discussed through the british, saxon, norman laws and histories, with an occasional discourse of great changes yet expected in the world. sadler, john, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing s estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) rights of the kingdom, or, customs of our ancestors touching the duty, power, election, or succession of our kings and parliaments, our true liberty, due allegiance, three estates, their legislative power, original, judicial, and executive, with the militia freely discussed through the british, saxon, norman laws and histories, with an occasional discourse of great changes yet expected in the world. sadler, john, - . [ ], p. printed for j. kidgell, london : . reproduction of original in duke university library. attributed to john sadler. cf. nuc pre- . created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng prerogative, royal -- great britain -- early works to . great britain -- politics and government -- - . - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion rights of the kingdom : or , customs of our ancestors . touching the duty , power , election , or succession of our kings and parliaments , our true liberty , due allegiance , three estates , their legislative power , original , judicial , and executive ; with the militia . freely discussed through the british , saxon , norman laws and histories . with an occasional discourse of great changes yet expected in the world. london : printed for i. kidgell . . the preface to the reader . reader , if you be wise and good , you are above my epithets , and more above my platteries : but yet you may expect a preface to excuse this unexpected address . the habit is somewhat strange , and my self so little acquainted with it , that i cannot much wonder if others should gaze upon it : but account me a stranger , and you will forgive me . it is no matter who , but what , is here presented to your view : i cannot excuse it , either for matter or manner . it hath much folly to my sight ; and more , i believe , than yet i see . it may be also somewhat false , although i know it not . this should not prejudice all : for there are spots above the clouds ; and the kingdom of heaven it self was like a field of wheat with many tares : how much more , how much worse , must it be with a frail man ! but why then do i venture to come abroad ? the objection was strong enough to keep me silent hitherto ; and it may be , nothing but duty should have perswaded or prevailed on me to be publick now : and yet i do not plead an extraordinary call ; which is a close writ , and not a patent . those who receive and act by such a warrant , should be sure they know the hand , or seal , or dialect of heaven . but i am an english-man ; and therefore am obliged to this country , and to these laws that made me free . and this may be some call ; that i say nothing of particular obligations to the state , in any courts of justice , or relation to the highest court of parliament . and why may not i believe my self as free to think , or speak , or write , as others are to do ? there is a night of silence , and an evil day ; when every prudent man shall hold his peace ; but also there is a time to speak , and a word in season , fitly placed , like an apple of gold in a picture of silver . but who knoweth his season ? for our time is hidden : and because man knoweth it not therefore is his labour increased under the sun. this also is vanity , and a fore vexation ▪ i said , there are older , and wiser , and better than i ; they shall speak and teach me wifdom : i will hear in silence . nor do i now say , they convinced him not , lest it should be said , we have found out wisdom ; god thrasteth him down , and not man. nay , they have spoken much ; and little may be left for me , but to repeat somewhat already said . be it so then ; by this i shall be free : for if i speak their words , i may be pardoned , as those that spake before : and if i adde a new word , shall i be made an offender for a word ? however , my hope is , that the great day of judgment ( of which we have long heard , and now seen so much before us ) will have such influence upon our judgement and affections , that we shall all be ready to judge our selves , rather than others ; or if others , not with prejudice . and with this assurance , or with this confidence , i now presume upon your goodness ; knowing well , that if you find but one , so much as one cluster , you will spare it , and be pitiful ; there may be a blessing in it . rights of the kingdom , &c. to see the kingdoms rights , the laws and customs of our ancestors , concerning king and parliament ; that we may know their power and priviledge , their duty and their limits , &c. and how our fathers did commit the power of making laws , and judging by those laws ; and how they made us swear allegiance to our king ; what power they gave him over us ; and what they did not give him over any of his subjects ; how we should behave our selves &c. he that accounteth these unworthy of enquiry , may be thought ( as the gretians said to the persians ) not to have heard of liberty : which else would be valued above an enquiry . but alas , who is able ! who will undertake to trace our laws and customs thorough the heights and depths , and dark abysses and meanders of the british , saxon , and the norman nations that have ruled here ? yet there are thousands that may do it much better than i ; and therefore i might justly sit in silence , and expect my antients and my betters should begin , that i might learn from them . nor should i now presume to speak , but that i might inform my self from others , that by this occasion may reform my errours , and may clea● our laws and customs , much more fully than i do , or can be able ; who pretend to nothing but desire of truth and peace . and first , to speak of the mutual obligations of oaths between prince and people , the school-men would be thought most curious , or most tender , in the point of oaths : they mince them out so fine , that a whole million of oaths may stand ( as they speak of angels ) on the point of a sharp needle . they tell us of the object , and the subject , or the matter , which , they say , may cease or fail so much , that any man may find or make himself absolved from his oaths . but in things of such concernment to ones soul , i love to speak or think in english , that i may understand my self : and i thought it madness in the man that said his prayers in two or three languages , adding this in the close : now take thy choice ; for all are alike to me : i know not my meaning in either . in plain english , i do not see i may absolve my self from an oath , by saying , he was not the man i took him to be , in some material points , at the time of my oath ; yet this is much , and that which seemeth near to that which the schools speak of , want of subject , or sufficient matter to be ground of such an oath . i should have looked to that before ; it may be rash , and so must be repented : but a river of tears may never wash me from this oath of god , as the case may stand . and so it was , i suppose , in that of the gibeonites : they were not such as they made themselves , nor such as israel took them for : the oath was rash , unjust ; they ought not to have sworn ; they should have stayed and sought direction : for they were forbidden leagues with such , commanded to destroy and ruine such as those men were , and might have been suspected . but when it was done , we see how strict and solemn god was still , in pressing them to keep that oath . nor may it suffice to say , i swear against my will ; they had advantage of me ; and i could not but comply , either with some mental reservation , or at least ( for that is much condem'd by most ) i am now grown wiser , and do now see i may absolve my self from that which i would not have taken , but by force or fraud . but can the world , ( this vain and frail and foolish world , ) command , controll , and over-awe my soul , to take an oath , the oath of god , to what i think unjust ? it may be so , for i am man and frail , with those that are the weakest ; for he knoweth my foolishness : but it should not be , and when it is , i must be very tender , lest i adde more sin to sin ; as bad , or worse , to that which is too bad already ; for , by breaking such an oath , i may do worse , much worse , than first i did in making it ; except i swore to sin , and then i may not keep my oath . and i believe the iews might not have pleaded force , or over-awing arguments , in swearing homage to the king of babylon ; and yet 't is known how god did charge and chasten that said perjury ; nor is it altogether inconsiderable that good lot's , or at least the men of sodom's freeing themselves from chedorlaomer , is stiled by god himself , plain downright rebellion ; yet there was another king of sodom , and chederlaomer seemeth but a kind of tyrant , that had but little right but conquest and his might . the catholicks may seem too free in dispensing with oaths to protestant kings ; but some there are with them , sacred persons : and because i now dispute ad hominem , i shall touch on that in which we know them most religious , their solemn obligation to the pope ; which yet is such , they will not deny , as doth not secure or free him from being iudged , or coerced in cases of distraction , natural in raving , or moral in raging , so that danger be apparent to those about him , or in some spiritual frenzie of notorious heresie convict ( the chair in conclave , not the person is exempt , ) or much suspected ; while himself refuseth legal tryal by a council or the like . the case is argued in occhams dialogues with others . our oath of fealty comes next upon the test , although i might interpose ( as a parallel to the pope ) the iewish high priest , a very sacred person , and the lords anointed also ; but yet such as must still submit to the sentence of the great sanhedrin , nay , and that for his life also if they so adjudged him ; for which of the sanhedrins power over the jewish king , in criminals and in war , ( except only what god had commanded against amaleck or the seven nations , ) i might cite several clear passages from the talmud , and those that expound it long before cochius or sanhedrin , or schickards ius regium . our land seemeth to mourn because of oaths ( but i must only touch the civil part , or what is legal , ) and our law seemeth deficient in this of oaths , for there is scarcely any law ( since the star chamber ) to punish perjury ; but only where it is before a court of justice ; and there also the punishment of witnesses is very light , and exceeding short of attaint , on jurors , by the common law. our customs seem to overgoe our laws , in much of oaths , they were but attestations , though most solemn , in the name and presence of god , as the lord doth live. but they are now brought to imprecations , or a kind of curse , so help me god , and the contents of this good book . yet so it was of old at combat ; on appeal ; the appellè did first devote himself . again , some force a kissing of a book : the law requireth but a sight and touch. for ought i find , the saxon jurors were sacra tenentes . in the first norman times , it was sacris tactis ; and in later writs , evangelijs tactis ; nay , the priests hand was upon his breast , ( in matthew paris ) not upon the book , and the villain seemeth forbidden to touch the book . the statute saith , he shall hold his hands over it , but the freeman upon it ; and from this touch with the body , such an oath was called corporal . the iews and eldest christians , ( in their swearing , blessing , praying , ) lifted up the hand , and sometimes bowed the head or knee ; for , in his name shall all knees bow , seemeth but parallel to that of the psalmist , in thy name will i lift up my hand ; and the grecian or trojan princes , lifted up their scepters in swearing , but others held earth and water , in allusion perhaps to the sacred styx . most , if not all publick officers were tyed to their dutyes , by some oaths , but they were made by parliament , in all ages ; this being a pillar in our laws , that none can make , alter or impose an oath , without an act of parliament , or custom by the common law. 't is strange , how much in all we degenerate from our good ancestors ; so that with us to break ones oath , ( even in the greatest office ) is but a kind of petty aggravation ( as they call it ) rather than a crime ; because such oaths be now accounted but meer forms , or ceremonious shaddows . but it was not so , ab initio ; and among other precedents , i find the old mirrour , speaking of a chancellour of england charged with perjury , for taking a small summe of money ( half a mark , ) for sealing of a writ , which was against his oath ; being neither to deny , delay , or sell justice or remedial writs . ( yet six pence was allowed to the king for sealing of a writ ) how great a crime they did account such perjury , i need not say to lawyers , or to any that have read the saxon parliaments . but of all our oaths , those seemed to be most content to be counted formal ; that they were imposed on meer children of a dozen years old ; how many such we have or had in great schools or universities , may be known and felt too much i fear . and the oath of allegiance was twelve years old , and so pressed at the leets or turns ; but did they mean we should ▪ observe it but as children , not as men or christians ? it is true , the saxons also had a twelve-year-old oath , but against theft ; and how the laws of henry the first did annul the oaths of children was observed , and the fifty ninth chapter of those laws forbiddeth any to plead , or to be pleaded in iudicio , till the age of fifteen . it was also a maxim in our law books , that minors could not essoyn , because they could not swear ; and that homage might be done in nonage , but not fealty : for although homage was the more honourable , done upon the knee ; yet fealty was the more sacred , being ever done by oath ; and from hence is the usual phrase in all lawyers and historians , to do homage , but to swear fealty . must our allegiance only , run before our reason or discretion ? which yet was our great fealty : for it differed little from homage , with the oath of fealty to mean lords , but in the salvo ; which i touched before , and must again , being one good help to explain our allegiance . i shall acknowledge that allegiance ought to have been kept by all subjects , although they never took that oath ; which it may be , many did not , especially , since the late oaths of allegiance and supremacy ; which have seemed to abate the use , ( i say not the force ) of the old leet oath of grand fealty ; which was perhaps never taken , or much understood by some of those that appear most zealous in crying up allegiance ; for it is natural to us all , to be most confident in that which we least understand . they seem to have done much wrong to the king and crown , ( and to have made so many averse from the very name of a king , ) who by too much zeal did strain our english legiance out beyond all bounds of english laws , and then they would fly out to forreign laws ; as if the moulds and sphears of kingly power or subjects duty , were by nature equal in all climates , and in every kingdom . yet i know not that we need be much afraid to appeal to the laws of any civil state , especially to those of iudah , which if some had known more , they would have pressed less for our pattern : but all english kings had english bounds by law ; and so we swore allegiance , and no otherwise by law. it was a pang of zeal or strange affection , more than reason or religion , which did make so many once ( at cambridge ) swear to edward the senior , to will what he willed , &c , of which the saxon chronology ; but i hope it is not fatal to that place , or to any others in this kingdom . for i cannot learn that e're our law did force or wish us to oblige our selves by oath , to think , speak or doe as any king would doe , or have us for to doe , if contrary to law and right reason . our law dispenseth much with womens homage , and of old they were not pressed to it ; for a woman might not say , i am your man , nor to a man , ( but to her own husband ) sir , i am your woman , yet she was to swear fealty . so were the bishops also to swear fealty , ( except in frank almoigne , ) but the law dispensed with a bishops ( or church-mans ) homage , so that he needed not to say , my lord , or liege , i am your man. the reason is , because he was ( or should be ) the man of god , and might not give himself so much away to others , as any other whatsoever . and the reason of this may reach to all our fealty , so far as to perswade us to consider what it is we cannot , nor we may not give away to any man or angel. was it not an hard covenant tendred by nahash , that he would protect all those , or own them for his subjects , that would put out their right eyes ? and yet this had been more reasonable and just , than to have required absolute allegiance , without any limitation or salvo at all : for this had been to have bid them pluck out their souls , or at least to uncase them from that which nature hath made the cabinet of souls ( that curious orient mother of pearl , ) right reason , which doth make us men ; that i say nothing of that which makes us christians or religious men. we sinned if we wholly gave our selves unto a king , without any limitation or restriction whatsoever : for by so doing we unman our selves , and give away to a man what we owe not , what we may not give to any mortal creature whatsoever . let us discuss it then by law and reason , what is our legal fealty , how made , how limited , how kept , or how dissolved . let us inquire what duty , what allegiance is commanded by the laws , and what they did not mean they would not have us give to mortal man. shall we behold the sun reflected or refracted in a stream of water ? shall we consider the king as cloathed in the dress or habit of some other lord ? for every lord ( the meanest and the lowest ) is , or may be to his vassals , as a little king to his subjects : such was the plea of lanfranc ( as before , ) at pinenden ; and so it was adjudged and confirmed by that parliament , that he should be in his demesn , as was the king in his . and the old laws of alfred , ethelstane , edgar and canute , with the good laws of hen. the first , do as much forbid and punish treason against inferiour lords , as against the king himself ; for to them also is homage done , and fealty sworn by their vassals , saying , my liege , i am your man , and bear you faith of life , member and terrene honour , saving the faith i owe to other lords . or thus , my lord , i will bear you true faith , and do you true service , as my duty to you is , ( so the statute of edw. the second ) that is , according to my fee. and the mirrour will tell us , that it was an abuse for the king himself to require it any otherwise ; for it did not consist in a point , but had much latitude , and several degrees , according to the several fees. and if any such tenant were pressed on more service or other than his fee required , or were injured ; he might implead his liege in law : for what his duty was , neither himself , nor his liege lord might determine , but the law. for a villain , who of all vassals , was most fettered , ( most forbidden to molest his lord , ) yet might be demandant in some real , or plaintiff in some personal actions , where the lord might not make plain defence ( as they speak . ) nay , and villains also did often bring actions of trespass . and in cases of others , as of orphans , where the villain is executor in trust , he may implead his lord , who can not deny to answear , though he do it with a salvo , lest such a suit might make his villain free , as much as if he had made him an obligation , or a deed of some annuity , or a lease for term , or infeofment with seisin , or had sued him in law for what he might have had without a suit. for these did enfranchise the villain as much as being in a city , or castle , without claim or challenge for a year and a day , or his lords giving him ( by the right hand ) to the sheriff in full county court , shewing him the open doors and free wayes , and delivering to him a sword and a lance , or other free arms , which are the wayes of manumission , in the laws of king william and hen. the first , where we also find the text so much commented by glanvil , bracton , britton , fleta , with the mirror and others . they all agree in this , that the bond and obligation is mutual , and that the lords kiss whispereth as much respect and defence , as the vassals kneeling doth his reverence ; nay , there is in law so great an obligation on the lord , and so great a charge often , in guarranty , ( which of old was much larger than now , in homage ancestrell ; ) that the lord would often refuse and delay to take his tenants homage ; so that there was a writ made , commanding him to take it , and by it , to oblige himself to his tenant , whom he was to defend ; and his trespass on him in law , had a very great aggravation ; because the vassal was to be sub defensione ligea , as we found the iews , in the laws of the confessor . some kingdoms are in fee to others , and must do homage , swearing fealty ; so scotland unto england ; so was also our english king , but not the crown or state , ( which hath oft in parliament been adjudged and declared imperial , independent ; ) when himself did homage unto france . and yet i do not find our english king did ever much scruple at his waging war with all france , and the french king also ; but did often fight in person against his person ; and he might do so by law , if the king of france did injure and oppress him against law : that i say nothing of the personal challenges by rich. the first , edw. the third and rich. the second ; or of king iohns being cited or condemned by france , for murther in that kingdom . this might yet be enlarged , and further cleared , from the good laws of k. henry the first , which are so strict for allegiance and due fealty to every lord , that they seem almost to forget our old english clemency ; and yet they speak enough of a vassals impleading , &c. his lord , for which divers chapters , from the th to the end , are very considerable . and the th chapter limiteth all homage and fealty , per honestum & utile , that which is honest and profitable ; and as honestum there respecteth god and the common faith , ( deum & fidem catholicam , ) so must utile respect the kingdom , and the common good ; it being usual for those times to express the common good by such a phrase of utile . so the laws of st. edward ( for foromotes & heretokes , ) ad honorem coronae , & ad utilitatem regni ; so king williams additions were granted and confirmed , ad utilitatem anglorum ; so the parliament at merton was to treat , de communi utilitate regni ; ( which may be considered in the writs of those times , ) and the great charters granted , à tout la commune dengleterre ; ( as articuli super chartas ) and the first of westminster , pur le common profit de st esglise & de realm ; and the confirmations of the charters in edw. the first , forbidding all impositions , &c. but by common assent of all the realm , & pur le common profit de ceo ; which must be determined by commune assent , and no otherwise ; so ethelreds law , efferatur concilium quod populo utilissimum ; and canutes , quae ad reipublicae utilitatem & commune commodum , which there may paraphrase regalitas , of which before . and ( however the late oaths of allegiance are , ) if we consider the old oaths , both in the saxon and first norman times , we shall find them to respect the kingdom and its common good and profit , as well as the kings prerogative or private profit to the crown . by bracton with others , we are led to the laws of the confessor for our great allegiance ; but in those laws , the oath is to defend the kingdom with the king ; and that by such an oath we should all be , sicut conjurati fratres , ad defendendum regnum , contra alienigenas , & contra inimicos , unâ cum domino rege , &c. that it was so also in the brittish times of k. arthur , ( whose parliaments we may assert by more , than that in caius of cambridge , ) we find in these very laws , and that by vertue of this oath , king arthur raised his subjects , and expelled the saracens and enemies a regno , from the kingdom . and the same laws tell us , that the same oath was renewed and confirmed by k. edgar , whose laws are severe enough for treason , but against all lords as well as the king ; and it is punished , as theof . and the laws of canute ( confirming those of edgar ) require fealty conjoyned with duty and virtue ; and again with common justice , iusjurandum datamque fidem religiosissimè servato , injustitiam pro sua quisque virili parte , ditionis nostrae finibus omnem arceto , as lambard translateth the saxon of those laws ; and in another place of them , the leet oath of fealty , iure iurando fidem det , omni se in posterum aetate , tum furti , tum furti societate & conscientia temperaturum . and to this doth king edwards oath of allegiance ( in britton ) seem to allude , que ilz nous serrount feaul & leaux , & que ilz ne serrount felons , ne a felons assentaunts ; yet i do not deny , but theof , in this oath might include treason with other felony , ( as vvas touched before ) but however , it is as well for the kingdom or the common good , as for the kings prerogative , or private honour o● the crown . so also the first norman laws ( called the conquerors ) require an oath of allegiance ; but for the publick peace and common justice , to the kingdoms good as much as to the crown ; for so the words run , fint fratres conjurati ad regnum n. contra inimicos defendendum , & pacem , & dignitatem . n. & coronae n. & ad iudicium rectum & iustitiam , constanter modis omnibus pro posse suo , ( as k. canutes laws before , ) sine dolo , & sine dilatione faciendam . this is now continued also through our great charter , and all the confirmations of k. edwards and k. williams additions , in utilitatem anglorum , vvhich may be considered as a good comment on the usual vvords in indictments against the peace , and crown , and dignity , vvhich by those ancient lavvs , vvas to be joyned vvith the publick common good and justice of the kingdom ; so that allegiance vvas ad legem , to the laws , the kingdom , and the kingdoms good or profit , together vvith the king. and in all the lavv books vve may read of treason done and committed against the kingdom , as against the king ; so in hengham parva , cap. . if any raise war against the king , or against the kingdom , ubi quis movet guerram contra regem , vel regnum ; and his commentator referreth to several cases in edward the third , henry the fourth , with plowden and others which would be considered . nay , there are many old authors and masters of law , that expresly declare it to be as real treason to seduce the king , or the kingdom , or an army for the kingdoms safety , as to act against the kings life . so in hengham magna , cap. . treason is branched thus , de nece , vel seditione personae domini regis , vel regni , vel exercitus . and the very same division of treason is in glanvil , both in his first book and second chap. and the first chapter of his th book . to which also may be added bracton , lib. . cap. . de coronâ ; and fleta , lib. . cap. . vel ad seductionem ejus , vel exercitus sui ; and britton , cap. . disheritur de n. royalme , ou detrahir n hoste ; of which also stanfords pleas of the crown , lib. . cap. . and others that wrote since the twenty fifth of edward the third , which may seem to limit or to lessen high treason , but not to annul treason by the common law. and in cases of such treason , they declare , that although there be no accuser , but only suspicion ( sed fama solummodo publica , so glanvil ; but in bracton , fama apud graves & bonos ; and in fleta , apud bonos & graves infamia ; ) yet must the party be attached ▪ vel per carceris inclusionem , vel per plegios idoneos ; so it was in glanvils time , ( for all but homicide , ) but in fleta's , diffamatus vel accusatus , attachiabitur per corpus , & captus remanebit , donec se indè legitimè acquietaverit . that is , ( in him , ) till he have legally cleared himself from all seducement of the king , kingdom , or kingdoms army ; omnemque seductionem regis , regni vel sui exercitus , & quicquid sit contra pacem suam ; which glanvil expresseth thus , machinatum fuisse , vel aliquid fecisse in mortem regis , vel seditionem regni , vel exercitus , vel consensisse , vel consilium dedisse , vel authoritatem praestitisse . in such cases also they debate who should be iudge , and for this they all agree in that fundamental principle of right reason and nature , that parties may never be iudges in their own causes ; for which , besides all others , the mirror is large and clear among all exceptions to the iudges person , ( if he have no commission , or refuse to shew it as he ought , or be party , &c. ) of which also britton in appeals , cap. . fol. . and for this reason bracton and fleta with others , agree that in such causes , neither the king ( who might , so they say , be iudex & actor , ) nor the kings commissioners should judge or determine : but curia & pares , except only when the case is not of life , but finable ; for in such the kings commissioners may determine sine paribus . but who are these peers , and what is this court ? one of bractons first maxims ( in his second chap. ) is , that all obscure , difficult and new judgments , ought to be suspended , usque ad magnam curiam , & ibi per consilium curiae terminentur . fleta is somewhat clearer , ( in his second book and second chap. ) habet enim rex curiam suam in concilio suo , in parliamentis suis presentibus prelatis . com. baron . proceribus , & aliis viris peritis , ubi terminatae sunt dubitationes iudiciorum , & novis injuriis emersis , nova constituuntur remedia , & unicuique iustitia , prout meruit , retribuetur . ibidem . unicuique ! what , to every man in all the kingdom ? or how far , and how high may this extend or reach ? shall we propound this doubt to the antient parliaments , who were most like to know their power and priviledge ? the law was clear enough before , but some were pleased not to think it so ; and therefore in the statutes of marlbridge , ( as old as henry the third ) in the first place of all it was agreed and enacted , that all men living of this kingdom , as vvell high as lovv ( tam majores quam minores ) must and ought submit to judgment , iustitiam habeant & recipiant in curia domini regis . that this expression may go lovver than the court of parliament , i can not deny ; nor vvill others , i suppose , deny but that it may and must be yielded to the highest court of all . one of the clauses of the kings duty expressed in the saxon lavvs , is to do all things rightly by the judgment of his great court , per iudicium procerum regni ; and again , by that great council to maintain or do justice and judgment , iudicium rectum facere & iustitiam tenere per concilium procerum regni . all vvhich , and much more in those lavvs , must be solemnly svvorn by the king , before the kingdom and the clergy , in propria persona inspectis & tactis sacrosanctis evangeliis , &c. coram regno & sacerdote & clero , ( this may be considered ) antequam ab archiepiscopis & episcopis regni coronetur ; even before he may he crowned , or should require his subjects homage . insomuch that vvhen the subjects have tendered homage , ( as some lords did to king henry the fifth ) before the king had done his homage , and sworn his fealty to the state and laws ; it hath been observed by historians , as some kind of comet , that i say not a prodigy , in state politicks . and besides all the forms of coronation found in hoveden , walsingham , and other historians , ( secundum antiqua statuta , as matthew paris speaketh , ) it is clear enough in the records and rolls of richard the second ( before others , ) how the king first did take that solemn oath , and then the archbishop went to every side of the scaffold , relating to the kingdom how the king was svvorn ; and then he asked them , si ipsi consentire vellent , if they would now give consent to take him for their king and liege lord ; and if so , they came and did him homage . if they would consent ! what , was it at their choyce ? and were our english kings elective , plain elective ? sure it would be duely weighed , and i confess some things have made me very much suspect they were elective . and the rather also by considering the great care and importunity of some kings , to procure the crown to be setled by parliament upon their heirs ; which might intimate that indeed it was not their inheritance at common law ; for it was seldom seen , i suppose , that english men have taken much pains to obtain an act of parliament to settle their inheritance on their own heirs , except they were illegitimate or aliens . and upon search , i cannot find the old oaths of allegiance did relate to the kings heirs or successors , either in the saxon or first norman times , although we find the oath in old laws , long before edw. the second , and in old lawyers , bracton , britton , fleta , with the mirror , punctual in the oath of allegiance , but not a syllable of heirs or successors that i can find . yet in the times of henry the first and henry the second there was some special acts of parliament for setling the crown on maud the emperess or her issue , and king henry's son was crowned in his fathers reign , and of that time the salvo in glanvil , regi & haeredibus , which i find not in any other old lawyer ; and i believe it not usual till the great quarrels of york and lancaster , it may be much later . but all such acts ( for tying the crown to such or such a family ) do not evince a former right of succession , any more than the house of austria doth prove the empire not to be elective , though it now seem as entailed on that family . i say not how often it hath been adjudged that affirmative statutes do not annul the common law ; and that one may prescribe against a statute negative , but in affirmance of the common law , ( for which the comments on littletons burgage ; ) so that if an english king was elective by the common law , the kingdom might prescribe against late statutes which might erre much more than they could oblige all future parliaments , but they might still be free , and most of all in what was due before by common law. let us discuss it then , and see what antient lawyers and historians do record about our kings , their limitations by our laws , their title by succession or election at the common law. if bracton or if fleta may be judges of this question they will tell us , that in their times our king was elective ; non a regnando dicitur sed a bene regendo , & ad hoc electus est ; and again , ad haec autem creatus rex , & electus , ut iustitiam faciat universis ; not only created , but elected , it is where they treat of iudges and of iurisdiction . and of our saxon ancestors , the mirror is very plain that they did elect or chuse their king from among themselves , eslierent de eux un roy à reigner sir eux ; and being elected , they did so and so limit him by oath and laws . in this we might appeal to tacitus of our ancestors , for theirs , who did both elect and bound their kings and generals , reges ex nobilitate , duces ex virtute sumunt ; and of their king he saith , the power was so bounded , that he could not call it free , nec infinita , aut libera potestas , and that in conciliis , their kings authority was in perswasion rather than command , suadendi potius quam jubendi potestate . caesar seemeth to conceive they had no king or fixed common governour in time of peace : but for war , saith he , they choose out generals , qui bello praesint ut vitae necisque habeant potestatem . in our brittish ancestors he found a king , but by election of a great common-council , by whose consent he observeth that cassivelane was chosen king and general against his landing ; summa imperii bellique administrandi , communi concilio permissa est cassivellauno ; and again , nostro adventu permoti britanni , hunc toti bello imperioque praefecerant . that the brittans agreed much with the gauls in their customs , i do not deny ; but i know not why this should make the gauls to be the elder brothers , as some teach us , because our britain is an island : yet it may be much disputed , if not proved , that it once was joyned to gaul , ( or france ) in one continent , for which we might produce some of the old poets , and others before twine and verstegan . however , it is clear enough from caesar and pliny , that the gauls were much moulded by the brittish druids , although they seemed more polite in iuvenal's time ; and afterwards being more frank , they afforded a christian queen to ethelbert , and the model of a great school to sigesbert ; which yet must not wrong alcuinus , who from hence moulded the university of paris , if we may believe all that write of charlemaign . and if we add strabo to those cited before , we shall find they chose both generals and all great magistrates . when they had a king , the crown passed by election , and was so limited , that ambiotrix ( one of their kings ) acknowledged , ut non minus in se iuris multitudo , quàm ipse in multitudinem ; so in caesar. their common-council much consisted of equites ( and such perhaps our knights of shires ; electi de plebe , ) and druydes , their clergy who did over-rule them all , by their banns , and sacred oak misleto , as if it had grown in dodona's grove . their grand corporation was dissolved by roman edicts , in gaul by claudius , ( as seneca , suetonius ; ) but in rome by tiberius , ( if not augustus ) in pliny ; but vopiscus keepeth a druydess to presage the empire to dioclesian , when he had killed the boar ; and ammianus may afford them in rome , in iulian or constantius . but in scotland or ireland they remained longer , if we may believe their annals of columbanus , and of william the irish abbot : but in dioclesian's time , amphibalus the famous brittan , fled from rome to his friend st. alban , ( who dyed for him in his cloaths , it is said ; but we find him condemned by law , and styled lord of verulam , prince of knights , and steward of brittain , in his shrine , and iacob de voragine . ) ' ere long we find him made a bishop in the holy isle , and there he did succeed the brittish druyds , and his scholars were enow with their blood and carkasses to make the name of litchfield . but the turning of druyds into our bishops , ( in lucius's time , ) is no more certain , i think , than that those were the flamins or arch flamins , of whom we hear so much of late ; but of old few or none relate it , but only monmouth . the name of flamin came to brittain from the grecians or the romans , ( who had druyds from the brittans , ) where they were most sacred priests ; at first but three , but when every god and godded man or daemon had his flamin , they became extreamly innumerable . yet the first three still kept their distance , place and seniority , from whence the phrase of arch-flamin , which yet i dare not assert to have been in brittain , or to be so much as known in the time of lucius ; or the name of archbishop . but of this sir henry spelman , of lucius's epistles in gratian , and mr. patrick young on clements epistle to the corinthians . but fenestella with his names of bishop , arch-bishop , cardinal , patriarch , metropolitan , &c. is now come out with another title of a later age , than he that lived in tiberius . but to return to our brittish druyds moulding the state , and yet they would not speak of state but in or by a common-council , ( as was touched before in the militia , ) and among these the same caesar will tell us , that there was a chief or president , but chosen by deserts , and not by a blind way of succession ; si sint pares plures suffragio adlegitur ; nonnunquam etiam armis de principatu contendunt . nor is it probable the brittans should be great patrons of monarchical succession , which could hardly well consist with their gavelkind , which is not only in kent , but in divers other places of england and in wales ; from the brittans , as we may learn from parliament , in hen. . and in k. edwards statute of wales , with littletons parceners : and his commentator makes it one mark of the ancient brittans , and from them also to ireland : and from the brittish gavelkind , do all the children yet among us part their fathers arms , of which also the great judge on littletons villenage . but on the parceners , he deriveth the crowns descent to the eldest , from the trojans to the brittans , so indeed do many others with monmouth and basingstock . yet our best herald the learned cambden , will deride the story of the trojans coming hither , but his many arguments to prove the first inhabitants to be a kin to the gauls , do no more convince me that the trojans might not come hither afterwards , than that the normans did not come , because the saxons were before them . i repeat nothing from gyraldus cambrensis , matthew paris , hoveden , huntingdon , or others , who derided monmouth , till they were convinced by some brittish writers which themselves found ; besides all the greek and latin authors cited by virunnius , leland , sir john price , and divers others , that i say nothing of the scottish chronicles , or of the learned man that shewed king henry the first the descent of divers nations of europe from the trojans , in huntingdon and hoveden . but it may be considered what this state and parliament hath oft owned of brute , and the trojan story , not only in the grand moot of the dependance of scotland on england , ever since king brute ; which , beside all records in the exchequer , is at large in walsinghams edward the first , and the survey of normandy , as also in the laws of the confessor , cap. . to which i might add the trojan reliques , statues , tablets and pictures , in all the brittish , danish , saxon , english wars , found here in cornwall , wales , and other parts , besides our troy novant , or new troy , the old trojan roman name of this famous city of the troinovantes , ( in the roman writers trinobantes ) now london , since the time of lud's building a gate , and changing this cities name . but for leaving out the name of troy , some were so much offended , that it came to a great contest and quarrel , couched in verse ( from others ) by the old gildas , and translated by the famous nennius of bangor , escaping that bloody massacre . who hath also left us an old history , ( yet to be seen in ms. ) collected , as himself saith , from the brittish and scottish records , and from the old roman annals , ( which were then found ) relating the pedigree of brute or britto , ( some will have him brotos , and some brutus , ) from aeneas to rome , and his bringing some trojan reliques hither by the way of gaul , where ( he also saith ) he built the city of turons or tours , much as monmouth and others have the story , though i could never find it in homer or any of the ancients , by them cited for turons . yet i find the same nennius confessing that the brittish annals had another descent of their brute or britto , from japhet ( obtaining europe for his portion with the brittish isles , of which noahs will in eusebius , or other old fragments ; ) came alone , from whence the almans and francks , besides our britto , ( father to the brittains , ) whose genealogy through twenty descents to noah and adam he saith he had from the tradition of those who lived here in primis britanniae temporibus . so that if we may not believe taliessin , ( the british bard ) of trojans coming hither with their brute , yet we may peruse his scholar , or the merlin that foretold the name of brute should come again upon this island ; whether in the scottish union , or in the welsh returning to their lost dominions , i dispute not ; nor how this island came so like to somothrace , ( so near a kin to troy ) in rites of worship , or in other customs , as of old some did observe , especially in those concerning ceres or proserpina , so famous here , that in the old argonauts the brittish isles are stiled the court or palace of ceres ; and yet this might be for other reasons . but although i cannot deny some trojan customs among us , yet i know not why i should grant that trojan succession to the crown , which so many do assert , when as themselves do yield the same trojans to be brittans , and those brittans of whom we spake before . and besides the brittish gavelkinde , and all before , themselves do also relate their own brute , parting his kingdom among his three sons , and again the crown parted between the two sons of madan , two of gorbodio , two of molmutius , two of lud , so near a kin to him that caesar found elected king by common-council . and i must believe those who assert the trojan crown to go by succession : yet i know not why i may not also believe so many good or better writers of the trojan common-council or parliament , and their power in peace and war ▪ with all things else that might concern the king or kingdom ; which great council did consist of princes or nobles , and elders of the people . of which trojan parliament we read in apuleius , socrates , daemon , and in homer , virgil , dictys , and most ancient dares , who lived also in our britain , ( if good bale deceive us not , ) which yet is not so certain as that he was translated or paraphrased in latin verse , by ioseph of exon , or iscan our countrey-man , as many of his verses speak ; although that elegant poem be ascribed to cornelius nepos , as by him dedicated to salust , in the times of the great commerce between rome and britain , which produced so many famous brittish romans , beside constantine , helen , and the modest claudia , of whom st. paul speaketh , and martial ( in several places ) maketh her a british woman . i will not insist upon their election of emperors or generals by a kind of lot in dictys , nor will i deny but the trojans were severe enough to all traitors , whose dead bodies also were denyed burial , if we may believe all from the illiads ; but the odysses may also afford us the very same punishment for tyrants , whom they hated as much as the grecians . nor will the patrons of succession or prerogative find more encouragement among the grecians than among the trojans ; though i cannot deny but they do rightly observe many grecian customs among the britains ; nor will i deny to our ancestors , both greek philosophers and greek schools , besides bladud's at stamford and other places . i could easily believe these islands to be known to the grecians long before the romans , of whom lucretius is the first ( that i yet know ) speaking of britain ; but it was described by polibius , ( though our great herald seem to forget it , ) who might learn it from the carthaginians trading hither , and by eratosthenes , dicaearcus , pithaeas , and artemidorus , if i be not deceived from strabo , that i say nothing of the old argonauts ( ascribed to orpheus , ) naming ireland and describing britain , or of the book of the world , ( in aristotles works ) where albion and ferne are brittish isles , mentioned also in dyonisius ; and very famous for their mines of tin or lead , whence the name of cassiterides , of which herodotus , and others of the ancients . what was the grecian genius towards their kings , doth not only appear in their supercilious ephori , eye-brows , or the left eye of greece , but in the right eye , or athens , of which much might be spoken from all the greek historians , besides their laws or politicks of plato and his schollars , long before the attick laws collected by petitus , that i say nothing of aristophanes or any of their poets . but how much our ancestors owed to the grecians , i do not find expressed by any ; most of our plays , much of our works , and somewhat of our laws seemeth to be grecian . the genius of a state is seen in plays , some think , rather than in work ; they are passions and as lovers pulses , which do shew the soul much quicker than do words or actions ; and the greek scenes were passions ( or sufferings ) of princes rather than their actions ; and a tyrants blood was thought the richest and fattest sacrifice to please the people and appease their gods ; but interludes must be corrected much , and then they may both moralize and methodize the best historians , and may be divertisements of use as much as pleasure to a state , which else was apt to grow morose or melancholick , if it were too sedentary . the grecian cards or chess ( at the siege of troy , ) may shew their shuffling , cutting and triumphing over kings , and checking them by small perins , and in the east scheck-maet doth signifie the king is dead , or the kings death . but when shall we come again to the mathematical ( or philosophers ) game , which was also used here , though now we have lost old plato's analyticks , of which his theon long before vieta ? when shall our kittel-pins return again into the grecian skyttals of the muses , whence they might degenerate ? when shall our cards return again to charts , and teach our children prospects and geography , with the true site of countreys , cities , persons , and the famous men of old , who conquered ( in their plays , ) by laws of history and exact chronology , and not by fancy only as of late . when shall our grecian dice be taught to teach our children squares and cubes , with all the mathematicks , as they might much better and easier than our papers and our tedions figures ; for i need not say how much the six sides of a dye would help for the root of all perfect cubes , and half six for all surds in that and higher powers ; beside so many other uses of the dye in all mathematicks and architecture . in which also we owe to the grecians for our attick and ionick , and our other moods ; and so in musick also , that i speak not of perspective and almost all the mechanicks of wheels , beams and leavers , with perpetua or continual screws ; or of the physick and apothecary terms , more grecian than italian . and beside , divers of our law-terms , endite , ideot , chyrographer , protonotar , &c. i could almost believe the grecians were the patrons of our tryal by twelve , which was not first brought in by the normans or by the saxons , although we found it with them in ethelred , or edward the senior , and before them in alfred , as appeareth by the causes why he hanged so many judges in the mirror . from the twelve signs of the zodiack , it might come to the chaldeans , thence ( or from the iews ) to the egyptians ; for in egypt was the old iury of twelve gods , so often in homer , herodotus , diodorus ; and from egypt to greece , with the twelve labours of hercules , egyptian or oriental hircol , hirtot , hirsut , and thence the fable of his lyons skin . but in greece this number was both famous and sacred , as in our iuries : and of this , plato in timaeus , and in phaedrus , in his laws , and in phaedo and critias , which would almost perswade me that he had seen moses or the flood , or the twelve old heroes , or had read in moses song of the earth being parted , according to the number of the sons of israel , or ( as some would have it ) of the angels or the sons of god. and for the grecian trials by twelve , i need cite no more than the known histories of orestes , and of mars , tryed for murther by a iury of twelve , ( and quitted only by the equality of votes , ) in that famous place which from him was called areopagus or mars hill , of which st. paul ( and dyonisius ) and the altar to the strange god is described in pausanias , to be compared with laertius epimenides ; ( and divers others ) that i say nothing of the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , which from areopagus might come hither with the tryal by twelve , and be mothers to the name rather than person of the famous brittish samothes , as areopagus seemeth to have been to much if not to most of our law pleadings and customs in criminals . yet it may be possible that this number might be as sacred among the trojans , although i remember little of it till aeneas's coming into italy ; and then we hear of twelve procers , twelve vulturs , twelve lictors , twelve hours , and at length twelve months , and other things , for which dionysius , the saturnals , the genials , and tiraquel , may be considered , with that of old ethelward , in edgar , argivae hebdomadas gentis posuere magistri , septimanas quas voce latini . but the romans allso had many , if not all their dozens from the grecians , which were known here long before ethelbert did settle his dooms romano more ; and we often find the number of twelve in the old histories of britain and gaul , for their twelve peers are much older than some may think , that will have them onely to be french. nor would it be impossible , i do think , to shew some other of our law customs borrowed from the grecians ; yet i do not know that our old greek lade , was so called from greek law , ( as divers would perswade us ) or from greek leod , or from greek language , which yet appeareth in the welsh ; but i know not that it was spoken here or in gaul , but near marseils , a greek colony , not much younger than the elder cyrus . but it may be that the druyds had their learning and their letters ( though in sacris they did write but little ) from the grecians , or phenicians rather , who in this did teach the grecians , as both dictys and the crowd of cadmus . i could also believe their characters to be very like those of canaan , ( as scaliger on eusebius , and others , ) but i cannot yield them to be hebrew , though so many learned men affirm it : but for this see fullers miscellanies , and buxtorfs dissertations , with the punick columns of ioshuah and adorams tomb in spain , villalpand , crinessius , old hebrew in larius , mr. selden de dis syris , and de iure gentium , that i say nothing of tuscans antiquities . yet , if any thing , i could wish the samaritan pentateuch , where the true ancient hebrew , ( as so many , before marinus , ) it should be in terahs age , at his death , which would more settle chronology , than else i find it possible , he being there sixty years younger when he dyed than our bibles make him ; so that abraham might be born at his seventy , in which the iesuit also agreeth unto scaliger . i cannot believe the story of ulysses navigation hither , or that hannibal did conquer britain , although it be recorded in a iewish writer of as much note as gorionides ; but the mistake is of bretany , for the brettian , brutian or brescian tract in italy ; and such a slip is also found in some copies of polibius atheneus , and the fragments of olympiodorus . but of phenician traffick hereabout , there are many proofs and reliques , beside the famous story of the punick pilot , who was commended and rewarded by the state of carthage , for sinking his ship and fraught rather than he would be forced by the romans to discover the punick traffick for lead or tin , found about the british islands , therefore called cassieterides . of which so many greek authors before strabo or pliny , who relate the carthaginian and marsilian traffick for those oars . and matthew paris telleth us , that . there was no tin ( that he had heard ) in all the world , but in cornwall only : and then it came to be found in some parts of almain . the learned author of the late peleg ( among divers other brittish words ) hath found a new etymology for the name of britain ; which ( notwithstanding brith , for colour or painting , and bretas , in some greek poets , for a picture or a painted brat ) he would have to be called by the phaenicians , berat anac , or the field of tin and lead . to which i may add the northern sea , called of old the phronean ocean , or the sea of saturn , whom they feigned to lye asleep in the bottom of that sea , bound by iupiter in a golden pumice , of which plutarch , eusebius , ptolomy , and divers others ; and of this , the author of the veyl , or mask of heaven . of which i must speak but little , only this for a clavis : the scene is the little world , or isle of brittain ; thule , some appendant to that crown , or scotland , whose troubles of . are shadowed in the night work , called scotos , ( or darkness ) saturn , the scottish genius , and mercury the clergy , but in special the late arch-bishop of canterbury ; iupiter ( the son of saturn ) or a great scottish lord , lately on the scene , that was first sent to reconcile saturn , but he turned retrograde . mars the genius of war , and in special , the great general against saturn , or the lord lieutenant of ireland : venus seemeth to be queen mother of france , then alive in england : phoebus and phoebe , need no gloss . imperii fata , plain enough to those that know that dialect . but phoebe might have there seen ( before this parliament , ) that peace had been her work , and should have been her happiness : nor is it yet too late , or wholly past . habent etiam sua fata reginae ; and there is a silent patience which may conquer more than all the world can get by force . who will unmask the chymical part ? which the poets also veiled in their fables of saturn , bound by iupiter in golden pumice ; and it may be possible that future ages may be brought to see or know the treasures in our chronian ocean , and the meaning of that riddle . in the mean time , he that can improve the sympathy of mars and venus , or remove the antipathy of saturn and mercury , or can bind saturn by iupiter , and by the mediation of phoebe , can reconcile all to phoebus , or can live on herbs , may have little need i hope to flatter any . but to return to our british ancestors . how cordiel and guintoline were created populi iussu , archigal , ennianus or others deposed , is observed by divers : i shall only add , that proceres and magnates here are rendred estates , people or commons in grafton and chaucer , or the old fructus , by iulian of st. albans . molmutius first did wear a crown of gold ( they say : ) he did deserve it , for to him we owe divers of our common law principles ; nay , and that , for more than is found in monmouth , as i touched before . and upon him the patrons of succession build a fixed monarchy , which was not such it seems before ; nor since , if we may believe those we can hardly disprove , that from this time begin the petty princes , & plurimis regulis supremam mandandi & iudicandi authoritatem . and themselves divide the crown between his two sons , brennus the british thunderbolt to rome , ( and some do carry him as lightning to delphos , ) while his brother belin did return and dye in peace ; and first of british kings was burnt to ashes , yet he lived here in bilingsgate and key , besides his famous ways or streets , his own and fathers laws , ( which with the mertian came to us through alfred . ) but we need not go to his daughter cambra for the first affinity between the brittans and sicambrian francks , or gaulish germans . come we now to cesar's time , lud is alive in ludgate , london , ( as before , ) he did amend the laws , but by a common-council : and such council did reject his sons , and chose cassivelane ( as caesar doth agree with british authors . ) he did summon one ( that slew his kinsman ) to appear and submit himself to judgment , sententiam quam proceres dictarent subire . but the famous androgeus protected him in london ( being then the governour , ) pleading the custom and priviledge of that city , which had also then a court to hear and determine , all the pleas of citizens , or quicquid aliquis in homine suos clamaret , and that also by ancient prescription , ex veterum traditione . which from monmouth , virrunnius ponticus , and others may be compared with the laws of the confessor , for troinovant or london , and its weekly hustings , and ardua compota , and ambigua placita coronae , and for the courts of the whole kingdom there , whence it is called caput regni & legum . which may also be compared with that of the mirror , for parliaments to be in london by ancient laws , which is here expressed , iuxta veteres consuetudines bonorum patrum & predecessorum , & omnium principum & procerum , & sapientum seniorum regni , very full and clear , parliaments of all estates . that which is added of those courts , to sit and hold wherever the king was , is british also as well as saxon. so the laws of howel , dha , the good , ( in the chronicles of wales , but larger in sir henry spelman , ) ubicunque sacerdos , & destein , & iudex , ibi dignitas curiae & aula regia , licet rex absens sit : and this is one reason why the king was never nonsuit ; because he was supposed present in all courts : and yet his atturneys ulterius non vult , had the effect of a nonsuit . but for london and its antiquity before rome , stephanides ( a monk as old as k. henry the first , now in print , ) may be compared with tacitus , ammianus marcelinus , nay , with caesar also for the trinobantes , although some think he never saw this city . but the charters of k. william and hen. the first are in print ; so also of richard the first , and k. iohn , in hoveden and others , which yet must not perswade us that sheriffs were then first created here . for counts or viscounts are as old as counties : and the brittish authors speak of dukes of troynovant , ( such was androgeus , ) and pro consulibus vice-comites , in fitz-stephen , and willielm . de einford vice-comes de london , & ioannes subvicecomes , in the book of ramsey , wallbrook case in hen. the first ; that i may say nothing of william the chamberlain de londonia , of whom before in hen. . which may be premised to the famous quo warranto , brought in edward the second . but to return to our british kings , i cannot deny but some authors do record the crown ( as by act of parliament , ) settled on the heirs of cassivelane ; but themselves also can shew us the very next king brought in by election , ( not from cassivelane , ) and that both of lords and commons too , if we may believe chaucer , or the old fructus temporum . this theomantius ( many of their names are greek , ) was duke of cornwall , when he was elected king ; he doth yet live in a famous son , great arviragus , ( whom the roman poet , and so many others praise , ) he did amend the laws , but by consent of parliament ; for all agree that a senate was elected ( or dilected as they speak , ) in his time ; not then first created , but it might be renewed after the romans had so much interrupted it , of which before from tacitus ; so far am i still from believing our first parliament did come from the roman senate . it is a known history , how that king divorcing himself from his scottish queen , and marrying a daughter of claudius caesar , ( at claudio cestre , ) was censured by his parliament or proceres , so that he was fain to exhibit his answer in writing , which is still left us in fragments in divers places . amongst other passages , he said , he knew not but it might be lawful for him to have more wives than one ; eo quod leges britannorum , illuc usque id nunquam prohibuissent , because the brittish laws had not yet forbidden it . i must not here dispute what moved lucius to desire and send for the roman laws , nay , and that for the state also . nor can i yet subscribe to them that think the britains to be wholly governed by roman laws , from claudius to attila's time . but could the british king send out for forreign laws , or call them in without consent of parliament ? it might not be , and eleutherius's answer is in print , ( among the confessors laws and every where , ) ad petitionem regis & procerum regni britanniae . petistis à nobis leges romanes & caesaris ; his answer was , you have the scriptures , and from them you shall do well to frame your laws , but by your parliament , per consilium regni vestri . they which begin our british christianity from eleutherius , seem not to consider his epistle , granting that the britans were already christians , and had both the old and new testament : susceptis nuper mis. d. in regno britanniae , legem & fidem christi , habetis penes vos in regno utramque paginam , &c. they were christians long before . tempore summo tiberii caesaris , as gildas badonicus ; and albanius telleth how philip the apostle sent hither ioseph of arimathea out of gaul , see baronius , ems . historia in vaticano , & melchin , cited by bale , capgrave of arviragus , and malmsbury of the famous glassenbury , which in old charter by parliament is said to be founded by the lords disciples , and is therefore styled , fons & origo religionis ; as westsex is caput regni & legum , in the laws of henry the first , as london in st. edwards . some have also brought st. paul in britain ; so venantius fortunatus ( anno . ) from the●doret perhaps , who yet nameth not st. paul , but the leather cutter , and the publicans and fishermen , which may be st. peter , if we may believe the greek author cited by mr. patrick young on clemens , or sophronius and nicephorus , as dorotheus tyrius of zelotes : that i say nothing of the british bard , who from the stars did tell the birth of our saviour , in so many older than bale . but again to the brittish parliaments , for so we read in the laws of king alfred , ( out of british , trojan , grecian , &c. ) that in the very first times of christian religion in this island , laws were made by a common-council of bishops and other wise men ; with that of bede , servabant reges sacerdotes privati , & optimates suum quique ordinem . after the death of lucius , the britains could not soon agree about the choice of another king ; ( 't is every where , ) ' ere long they chose asclepiodat the duke of cornwall , by consent of commons also ; communi assensu & annuente populo : troublesome he was to all the romans , but especially to gallus , who hath left his name in walbrook , as the gauls ( some think ) in wales ; but for this polydor virgil , and the confessors acts , with the laws of king ina , may be compared with monmouth , virunnius , basingstoke , florilegus , gyraldus , and some passages of bede . coel e're long appeareth on the scene , but yet against succession ; and he cannot dye so long as helen liveth , mother to the christian emperor , but daughter to our brittish coel , who was also father unto colchester . we are come to times of more certainty , when that deadly wound ( of one of the heads ) had made the roman empire gasp , as if it would expire and breathe no more ; it had little list or leisure to command or counsel any of the toes , or other members at a distance . in this point of time the britains rose ( with other nations ) and did soon recover most of that the romans held by force ; their laws and customs now were free , 't is yielded us by all : but they could hardly turn and view their liberty , before they came to be new slaves to the picts and scots , ancient appendants to the brittish crown in fee. the roman consul then in gaul , could not regard the brittish sighs and tears , which himself knew to be as just as pitiful ; for had the romans not so gleaned britain of its glory , ( for their conquest of other nations , ) they had never asked help it seems against the scots . from the romans they had first recourse to their neighbour gauls , or to their countrey-men in gaul , for such they were in that which to this day is called brittany . upon what terms they had help from them i dispute not ; their king had as great a name as the great constantine , but how himself or his sons like the brittish reins , we may guess in part from what we read in gildas tears for his poor countrey ; where he complaineth that kings were elected and anointed for nothing of god or of good in them , but only for their force , &c. this is also found in another author ( besides gildas ) as old as king stephen or henry the second , which may the more perswade us that monmouth had good authority for what he writes of those times , for he also hath gildas's words , with very little variation . by which we see the law , or at least the custom of those times , both for electing , anointing kings among our british ancestors . two of those kings may be constantine and constans , who are said to be slain by some of their guard or attendants , yet so as divers intimate it came from a farther and an higher hand . constans also came up to the crown by a faction rather than a free choice , as all relate ; who ascribe it to the duke of cornwall , not without great contests of divers lords , and with little consent of commons , vix annuente populo , as we may read in divers authors , who are also plain enough to make us know , that he was pulled down by the same hands that set him up . vortiger came next , but on election , it is agreed by all ; and that there were two royal princes ( sons to the late , and brothers to the last king , ) who must wait for the crown with much patience . how he called in the saxons by consent of parliament , i shewed before in the militia , and i might confirm it from divers others ; who do also record , that the king told the saxons that he durst not without the consent of his proceres , assign them any land , or city , or castle ; for that it was against the laws of his kingdom , & prohibitus sum , quod proceres regni dissuaderent , &c. yet it may seem the lords agreed to their setling in thanet afterwards , but the commons dissented so , that they resolved to drive them out again , and that in common-council or parliament : concilium fecerunt cum majoribus suis , ut pacem disrumperent ; & dixerunt , recedite à nobis , &c. my author is old nennius of bangor . he hath clear passages for parliaments in that time , and for their power also : as for incest with his own daughter , vortiger was first corrected , ( perhaps with the iewish discipline , which was here also till the time of henry the second ) and st. germane the arch-prelate , came with the whole convocation-house ( cum omni clero britanniae ) corripere eum. nennius saith , that in a great moot of clergy and laity , he was so roughly handled , that he rose up in a great rage and fled , or at least sought how to flye , but he was banned ; maledictus est , & damnatus a beato germano . afterwards vortimer was chosen king , ( 't is every where ) but after divers victories he dyed , poysoned ( as some thought ) by vortiger . he now combineth with the saxons , and by their power entreth the scene again , but with little consent of the britains ; and although he acted a while , yet he was hissed off , being odious to all , till at length his heart brake . nennius addeth , that some said the earth opened for him ; and st. germane writeth , that his whole family was burnt from heaven , which was much ascribed to the clergies curse or excommunication . which was in use among the britains , and that also upon their princes , of which we have many examples ; as of teuder , and clotri , for homicide and perjury , and hovel , glevissicg , and brochwell did hardly escape by a great fine & iudicium suffere non potuit , of which sir henry spelman in his synods of landaf . it was then by much more heavy than of late : caesar observeth it among the druids , and in him it is poena gravissima ; adding also , that such persons were abhorred by all as some loathsome disease , and that they might have no honour or right of law , neque iis petentibus ius redditur . and among st. patricks canons we find the excommunicate excluded , à communione , & mensa , & missa , & pace ; their ceremonies in this seem a-kin to the iewish cherem , nay , to their shammatha , ( or st. pauls maranatha , ) and it so continued among the saxons also , as we may see in the laws of canute , making it capital to protect or harbour any such : but in the confessors acts , when an excommunicate fled to the bishop for absolution , eundo & redeundo pacem habeat ; else it seems they were as out-laws , who might then be killed by any that met them , as the same laws of woolfshead in another chapter . which may help us to interpret those that speak of the iews being excommunicate ; nay , and that also by seculars in england , of which in matthew paris and his additaments ; but his glossar rightly expresseth it by the university phrase of discommoning townsmen , which of old was much worse it seems than now . after vortiger , aurelius , ambrose , à convenientibus britannis , & convocato regni clero in regem erectus est : he might also be inserted into gildas , for he dyed by poyson , if good authors deceive us not . at his death a comet like a dragon , and the bards apply it to his brother , thence called uther-pendragon ; florilegus addeth , that he made two dragons of gold , offering one , and carrying the other still before him , whence the dragon in our english standard , although some have asserted much of him they call st. george . that which westmonster or polydore expresseth by praecepit proceribus regni convenire ; monmouth thus , ( in aurelius ) iussit clerum ac populum submonere , ad aedictum ergo illius venerunt pontifices & abbates , & ex uncquoque ordine qui ei subditi ; and again of uther , convocato regni clero , annuentibusque cunctis sublimatus est in regem ; and again , communi populorum concilio . this uther-pendragon is vouched and asserted in the famous contest of little britains subjection to turon , ( may it also allude to the story of brute , ) of which gratians decrees and matthew paris , ad an. . uther being dead , convenerunt pontifices cum clero regni & populo , a parliament ( agreed by all ) to bury him regio more , in the gyants dance or stonehenge , which himself had gotten by merlins help out of ireland , fixing it so near to salisbury for a monument of that parliament , which was thereabout destroyed by the saxons . a parliament i call it , so i may : in nennius they are seniores vortigirini regis , but in monmouth ( and those that follow him , ) they are principes & consules , ( that is , comites , ) & barones & cives , called by the kings command , edict , or writ of summons . for arthurs parliaments , it would be much superfluous to produce more proof than what already is in sir iohn price , cajus , leland , or others that assert his history ; this i shall only add , that in this of all we may credit monmouth , who is so punctual in nothing as in vouching each county and city that made up his parliaments ; ex diversis provinciis , proceres brittonum duces ; and among others , dux doroberine consules , both of counties and cityes , boso ridocensis , id est , oxonefordiae , lot consul londonesiae , &c. and among forreign princes , he nameth the kings of ireland , island , godland , orcades , norway , denmark and others , besides the twelve peers of gaul , ( of whom also in divers other places , that i speak not of the twelve reguli , which brute found in gaul ; ) nor was there a prince of note ( saith he ) citra hispaniam , who did not appear at his summons : which may be compared with that of k. arthur , among the laws of the confessor , and in horn , as authentick as neubrigensis . come we to the saxons , what i cited before from the mirror , tacitus , caesar or others , may be fully asserted from their histories ; i shall not insist upon offa's election , although it be clear enough from his own words ; ad libertatis vestrae tuitionem , non meis meritis , sed sola liberalitate vestra unanimiter me convocastis : and the lives now printed with matthew paris , ( and his henry the third ) mention divers , if not all the counties which made up k. offa's parliaments . nor will i spend time in cuthred , beonerd or others , deposed by parliament , because the monarchy was not yet so fully settled . but in the confessors acts we find k. ina elected ( though by means of an angel , ) and the first saxon monarch ; of his laws , and match with his gaulish , walish , cambrian queen before , as also of his clear and full parliaments in the militia . e're long we find a parliament at calcuth ; conventus pananglicus , ad quem convenerunt omnes principes tam ecclesiastici , quam seculares : wherein , by the king , arch-bishop , bishops , abbots , dukes , senators , & populo terrae , ( lords and commons , ) it was decreed and enacted , that kings should be elected by the parliament ; à sacerdotibus & senioribus populi eligantur ; and that being so chosen , they should have prudent councellers , fearing god ; consiliarios prudentes , deum timentes ; and that bastards ( de adulterio vel incestu procreati , ) should not be admitted to the crown : it is both in sir henry spelman , and in the magdeburgens . cent . . cap. . pag. . &c. edit . basil . egbert by all is a fixed settled monarch , but without or against right of succession : ordinatur in regem ; so ethelwerd , omnium consensu rex creatur , in polidor ; ad regnum electus , moxque imperare iussus , patriae desideriis satisfecit , as we read in the monk of malmsbury . about this time the mannor of mallings in sussex was settled on the church of canterbury by act of parliament , consentientibus magnatibus ; it had been given before by one of the kings , but it was recovered again , eo quod magnates noluere donationem illam ratam fore . to what sir henry spelman hath of , i shall only add , that matthew of westminster doth afford us princes , dukes , earls and barons , both in that and former years , besides inferior laios and clergy , whom he calleth rectores ecclesiarum ; and in ingulph we find principes , duces , comites , barones , comitatus and baronias with proceres majores , long before the norman . ethelwolf , a monk , a deacon and a bishop , yet elected king , because they could not find a fitter person for the crown , necessitate cogente factus est rex , in roger hoveden , & consensus publicus in regem dari petiit , in bale . at rome he repaired the english colledge lately burnt ; but he displeased the parliament , by getting his son alfred to be crowned by the pope , and by marrying a daughter of france , whom without their consent he styled queen , which was against the common and the statute-law , contra morem & statuta , as we find in florilegus , to be compared with the saxon chronology , and asser menevensis , with wigornensis and malmsbury , before stow or polidore . but notwithstanding his coronation by the pope , king alfred did acknowledge his kingdom to the bounty of his princes and elders of his people : deus & principes cum senioribus populi , misericorditer ac benignè dederunt ; as himself speaketh in his will , ( subjoyned to his life by menevensis ; ) wherein he also desireth to leave his people ( whom he calleth noble west saxons ) as free as mans thoughts within him ; ità liberos , sicut in homine cogitatio . how far west sex did then extend , may be known in the saxon laws , with those of st. edward and hen. the first , where it is styled , caput regni & legum , ( as london before , ) to which all must have recourse , in omni dissidentia contingentum . edward the senior was his son , but elected king by parliament ; successor monarchiae eadwerus à primatis electus , my auhor is old ethelwerd . king ethestane a natural son , and so excluded from the crown by act of parliament at calcuth , yet being a gallant prince ( of great hopes and virtues ) he was elected : electus magno consensu optimatum , & à populo consalutatur & ab archiepiscopo more-majorum coronatur , as we read in malmsbury , huntingdon and virgil. yet there was a great lord , elfred , who opposed much , and e're long rebelled , scorning to submit to him , quem suo non diligisset arbitrario ; being sent to rome to purge himself of this treason , he forswore it at st. peters altar , but fell down , and being carryed into the english colledge , dyed , and his estate by act of parliament was given to the king : adjudicata est tota possessio , in magnis & in modicis quemadmodum judicaverunt omnes optimates regni anglorum , as the kings charter speaketh ; settling his land on malmsbury . how tender they were of blood , i spake before , and of k. williams law , nequis occidatur vel suspendatur : but wigornensis and hoveden speak of k. henrys law for hanging any found in furto vel latrocinio ; yet in ethelstane the wergylds were agreed by parliament , and a kings life valued at thrymses . of anlo's league among the saxon laws , that he was chosen king by some that rejected edmund , we read in florence and hoveden ; as of one that scrupled in ethestane , because he had sworn fealty to anlave in the monk of malmsbury , but it might be another anlave . edred came in by election , being preferred before the sons of edmund , who was king before him ; of his parliament summoned by writ , we spake before in the militia . about this time were the constitutions of odo , de officio regum & secularium principum ; they are found in saxon , and are now printed in latin , to be compared with the statutes of calcuth . what power they had , may appear in edwin , for incest excommunicate by the same odo ; & unanimi omnium conspiratione edwino dejecto , eligerunt deo dictante edgarum in regem , & annuente populo , res regni publica despertita inter fratres ; and afterwards , clito edgarus ab omni anglorum populo electus est , &c. confluentibus principibus , & omnis ordinis viris , cum magna gloria bathoniae coronatus est presentibus praesulibus , ac magnatibus universis , datis singulis donariis consuetis , quae reg. coronat . dari magnatibus consuescant ; of which matth. westmon . malmsbury , hoveden , and florence of worcester . how this mighty edgar was handled and humbled for ravishing a kind of nun , is observed by divers ; and that after his seven years pennance , ( being not to wear his crown , ) congregatis omnibus angliae principibus episcopis & abbatibus ; the crown was again restored to him , coram omni multitudine populi anglorum , cunctis laetantibus & deum in sancto dunstano laudantibus , as may be read in capgrave . baronius of this , and a great lords rape , ( of that time ) speaketh of some appeal to rome , whence dunstan was commanded , peccatori condescendere ; but he would understand it only , si penitens peccatum relinqueret ; nec aliter ( saith baronius ) potuit intellexisse . edgar being dead , there was much contest in electing the next king : de rege eligendo magna inter regni primores orta est dissensio ; quidam eadwardum ; quidam eligerunt ethelredum , as the monk of worcester , besides hoveden and matthew of vvestmon . who agree also that at length the arch-bishops , cum chorepiscopis , abbatibus , ducibusque quamplurimis , did elect , consecrate , and anoint edward . who enjoyed it with little quiet , and among divers contests of parliament , affrighted at the house fall , or amazed at the angels or some strangers voice they knew not whence : e're long we find him hudled into dust at vvarham , which queen aelfrith ( or aelsted ) attoned by hospitals or other works of devotion ; but a fiery bloody cloud followeth a blazing comet . of st. edwards and st. dunstans annual festivals , established by parliament , the laws of canute . it was that dunstan who presaged so much ill of ethelred ( at his baptism , ) and to him at his coronation , which yet was by consent of parliament ; matris suffragio proceribus congregatis , as the monk of malmsbruy . where we have this compendium of ethelred : regnum adeptus obsedit potius quam rexit , annis . saevus in principio , miser in medio , turpis in exitu : so that we need not wonder at the parliament which in his time provided , that the greatest and the highest offenders should have most punishment and heaviest doom . in the danish storm he fled to normandy , and the parliament sent him this message , ( in vvigornensis , hoveden , huntingdon , florilegus and all , ) that they would receive it again on condition he would govern more justly , or more mildly ; si ipse vel rectius gubernare , vel mitius . by his son edward he cajoled both the lords and the commons , majores minoresque gentis suae ; promising to be wholly guided by them , and so return'd again . but he gave so little satisfaction to his people , that they rejected his sons , and elected canute : who did solemnly swear to them , quod & secundum deum & secundum seculum fidelis esse vellet eis dominus ; as the monk at vvorcester , and those that follow him . yet it is also agreed , that the citizens of london , & pars nobilium , did elect edmund ironside ; and that the kingdom was also parted between these two , by consent of parliament : and ( beside the croud in the road , ) the laws of the confessor do assert that agreement to the parliament , universis angliae primatibus assensum praebentibus . edmund lived but a few months to interrupt canute , who was then received by consent of all : iuraverunt illi quod eum regem sibi eligere vellent ; foedus etiam cum principibus , & omni populo ipse , & illi eum ipso percusserunt , as old florence , and hoveden , besides the saxon chronology ; and the abbot of croyland hath it thus , omnium consensu , canutus super totam angliam coronatus . of his parliaments and their good laws i spake before , and of their oath to the kingdom much might be added : and besides all historians , fleta speaketh of his brief or writ , sent to the pope , and of his church-seed , payed ( as he saith ) sanctae ecclesiae , die sancti martini , tempore tam britonum quam anglorum , lib. . cap. . harold came after , consentientibus quam plurimis natu majoribus angliae : as wigornensis and hoveden : electus est in regem , fuit n. magnum placitum aput oxenford , & elegerunt haroldum , as we read in huntingdon , and matthew of westminster . but harold being dead , proceres ferme totius angliae , legatos ad hardicanutum bricgae mittentes , rogaverunt illum ut angliam veniret & sceptra regni susciperet . and afterward , gaudentur ab omnibus suscipitur ; and huntingdon addeth , electus est : but he did nothing worthy of their choice , and so became odious . : e're long , we find him swooning at lambeth , in the midst of a wedding jollity , and soon after expiring . edward the confessor succeedeth by election . paruit edwardus , & electus est in regem , ad omni populo . and florilegus addeth to huntingdon , that annuente clero & populo londinis , in regem eligitur : as before them both , ingulph , omnium electione in edwardum concordatur . his elder brother elfred stepping in between the death of harold and hardicanute , compatriotarum perfidia , & maxime godwini , luminibus orbatus est ; and little less than famished ; godwin excuseth himself by the kings service or command , but it would not acquit him , though he bestowed costly bribes . edward can hardly dissemble it ; godwine rageth , flieth out into rebellion , and is banished ( it seems ) by parliament : e're long , he returns again , presuming on his great friends and alliance ; but in parliament the king appeals him of his brothers death , which godwine denies , and puts himself upon the parliament , as did the king , saying , that they had heard his appeal , and the earls answer ; and it remained that they should do justice , and pronounce judgment . it was in debate , whether a subject might combat his prince upon appeal ; but at length the quarrel was composed by the parliament , ( till godwine curseth himself , and is choaked , as his lands swallowed in godwins sands , ) of which old wigornensis and hoveden , with malmsbury , huntingdon , florilegus , and divers others , but especially aornalensis , and mr. seldens titles of honour . that king edward named the duke of normandy for his successor , is affirmed by some that follow the abbot of croyland and malmsbury ; but the monk of worcester asserteth harold to be chosen by the king and parliament , to be his successor : quem rex successorem elegerat , à totius angliae primatibus , ad regale culmen electus : as roger hoveden ( in the same words . ) and the monk of malmsbury confesseth , that angli dicant a rege concessum , &c. adding also , that harold excuseth his breach of oath to the norman ( in which all agree ) by saying , it was presumption so to swear or promise the succession to the crown , without consent and act of parliament : absque generali senatus & populi conventu & edicto ; or , absque generali consensu , as matthew paris , and westminster express it ; but what in them , is tanto favore principum , as in malmsbury , and the continuer of bede : tanto favore civium , regendum susceperit . of william the norman much in the militia , much yet to be added for his election , and the peoples free consent against his conquest . londonias eum episcopis plurimis petit , & laetanter receptus oranterque rex conclamatus . so , the abbot of croyland living at the time , which malmsbury expresseth thus : londoniam petit , moxque cum gratulatione cives omnes effusi , obviam vadunt ; prorupit omnibus portis unda salutantium auctoribus magnatibus : ita angli , qui in unam coeuntes sententiam potuissent patriae reformare ruinam , dum nullum ex suis vobebant induxere alienum . huntingdon thus , susceptus est à londiniensibus pacifice , & coronatus . matthew paris and florilegus thus ; in magna exultatione , à clero & populo susceptus , & ab omnibus rex acclamatus . gemitivensis addeth , that ab omnibus proceribus rex est electus , & sacro oleo ab episcopis regni delibutus , as walsingham in his neustria . wigornensis telleth us , that before his coronation he did solemnly swear , coram clero & populo , se velle sanctas dei ecclesias & rectores illarum defendere , nec non cunctum populum juste regere , rectam legem statuere & tenere , &c. so also doth hoveden . matthew paris , in the life of frethrerick abbot of st. albans , sheweth how free the norman found our ancestors : iugum servitutis à tempore bruti nescientes , & more normanorum barbas radere , ( which they note in caesar also of the britains ; ) and concludeth , that pro bono pacis , he did solemnly swear to observe their old laws ; bonas & approbatas , antiquas leges , quas sancti & pii angliae reges , ejus antecessores , & maxime rex edwardus statuit , inviolabiliter observare ; ( the like phrase we find in ingulph of the same laws ) which was some repetition of his coronation oath . some affirm that he refused to be crowned by canterbury ; but neubrigensis telleth us , that he sought it of him , tyranni nomen exhorrescens , & legitimi principis personam induere gestiens ; but canterbury denied to lay on his hands , viro cruento & alieni iuris insavori . then he complyed with york , and bound himself sacris sacramentis , pro conservanda republica , &c. it might also be added , that if k. edward might dispose the crown as his own fee , yet by the common-law , or statute of calcuth , he could not dispose it to a bastard ; as k. william is expresly called in the letters sent to the pope , from the parliament of lincoln , in eward the first , besides his own charters , and of attempts to legitimate him , ( that so he might succeed by common-law : ) see the comments on merton in the second part of institutes , and of the laws of norway before . but in the old book of caen , we may find k. william on his death bed , wishing that his son might be king of england , which he professed he neither found or left as inheritance : neminem anglici regni constituo haeredem , non enim tantum decus , haereditario iure possedi . that k. william the second , k. henry the first , and k. stephen came to the crown by election , without right of succession , is so much agreed by all , that it were vain to prove it . their elections and their oaths , are every where among the monks and good historians : so also of henry the second , and rich. the first . but in k. iohn's coronation we are brought beyond dispute , in full parliament , of archshops , earls , barons and all others , which were to be present ; the arch-bishop stood in the midst and said , audite universi , noverit discretio vestra , &c. it is well known to you all , that no man hath right of succession to this crown , except that by unanimous consent of the kingdom , with invocation on the holy ghost , he be elected from his own deserts : lectus & secundum morum eminantiam praeelectus , &c. but if any of the last kings race be more worthy and better than others , his election is more proper or more reasonable : pronius & promptius in electionem ejus est consentiendum : as it now is in earl john , here present . nor was any one found that could dissent , or oppose what was so spoken ; for they all knew it was not without much reason and good warrant from their laws and customs ; scïentes quod sine causa hoc non sic definiverat : for which matthew paris , or wendover , may be compared with hoveden , westminster , and others of those times . which seemeth most rightly to state the nature of succession , as it was in this kingdom . so that all did amount but to this , that if a king had such children , so qualified , and so educated , that they were above others in vertue , wisdom , and true worth , ( or at least , caeteres pares , ) they were the most likely candidates for the crown . but as we found before among the iews , in the strictest succession , where the crown was especially tied to the house of david ; yet their great sanhedrin had alwayes the power and right to determine of the claims , interests , deserts and vertues of heirs , or all pretenders : so if here we allow not such a legal power of judging of claims or titles , to be placed somewhere or other ; our ancestors did leave the crown at a more blind uncertainty than in all other things they were accustomed , from the law of nature and right reason . i might add the formal of coronation , joyned to the irish modus of parliament , under the great seal of henry the fourth , where we read : electio à plebe ad regem , ut consecretur ; postquam ad idem iterum consenserit ; and again , electum interroget metropolitanus , &c. how our allegiance was of old , tied to the kings person , not to his heirs nor to his person but together with the kingdom and the laws and rights thereof , hath been observed already . much i might add of latter times , nay , that very statute of henry the seventh , which of late was pressed for the king and his militia , or taking arms with him as allegiance required ; doth expresly declare our allegiance to be to the kingdom with the king ; and that by such allegiance , men are tied to serve the king for defence of him and the land. and for the kings heirs , i find them not in our allegiance . yet the statutes of edw. . are punctual in expressing the kings prerogative , or rights of the crown ; but where is provision for his heirs ? in eward the third , the iudges oaths were made , and stand among the statutes as enacted by parliament , ( although i do not find it so upon the rolls ; ) and there is a clause against consent to the kings damage or disherison : so also it is in the oaths of divers in the courts of justice , as of masters of chnacery , with the kings serjeants , or councel at law , and others ; but not so by parliament . see the third part of institutes , cap. . yet our old allegiance did forbid disherison or damage , but with limitation , as we shewed before . the late oaths of allegiance in king iames , and of supremacy in q. elizabeth ( taken by parliament-men and divers others , ) are to the kings person and his heirs and successors , with particular relation to defence of the crown and dignities thereof : which is remarkable , and that which may seem to excuse some , in not assenting to others which are not so obliged ; and yet it is thought by some , that the main or onely meaning of those oaths , was against rome or forreign enemies : for which also a declaration in the queens injunctions may be considered . but in all cases of real scruple , i cannot censure any that ( in a quiet humble manner , seeking peace and truth , ) followeth his conscience till it is rightly informed . in the quarrels of york and lancaster , there was an act ( in henry the fourth ) to entail the crown upon the kings issue , of which four are there named : but in henry the eighth , the parliament declared the succession to the crown not yet settled or cleared enough ; and then it was entailed again , and for lack heirs male , upon elizabeth : but this again repealed in mary ; and again in elizabeth and iames. how much or how little these annulled the common-law , i must submit to others : lest upon debate , i should be forced to yield it might be possible for future parliaments to reduce succession to election , as justly as some late parliaments did turn the common-law of election into such or such a succession ; which can only stand by statute ; if it be true ( as all tell us ) that there was no entailed inheritance but by statute-law , since the second of westminster , of which before . how little power kings had over their crown or kingdom without consent of parliament ; ( besides all that is said already , ) might be further cleared from the acknowledgments of kings themselves , below the time of the conquest . in the conquest , about investitures , k. henry the first wrote to the pope , that he could not diminish the usual rights and dignities of the crown or kingdom ; and that if he should be so abject as to attempt it , his parliament would not permit it . optimates mei & totius angliae populus id nullo modo pateretur . in the great moot of scotlands dependance upon england , edward the first confessed as much to another pope ; to whom also the parliament ( both lords and commons ) wrote , that they they were all obliged by oath to maintain the just rights , liberties , laws and customs of the kingdom ; ( where we may see their oath of allegiance to the kingdom , ) that nothing should be acted against them , in exheraeditionem iuris coronae , & regie dignitatis , ac subversionem status ejusdem regni , nec non praejudicium libertatum , consuetudinum & legum paternarum . these are on the rolls , and printed on the statute of merton , and in walsinghams edward . and the surveigh of normandy . and from other records of the same king , we learn that when the pope demanded the grants of k. iohn , he answered , that he could not do it , without consent of his parliament : sine praelatis & proceribus regni ; being tyed by his coronation oath to keep all the laws and rights of the kingdom , illibati ; and to do nothing that might touch the crown without their consent . which may be added to that before in st. edwards laws , of the kings oath , to do all things ritè , per concilium procerum regni . when the king of france demanded homage of k. edw. the third , he desired respite , till he had the advice of his great council , ( as we may read in froizard ; ) because he could not act without them in such great affairs . and when the pope demanded homage of the same king ; he referred it to parliament , who adjudged and declared , that k. iohns grants to the pope , were unjust , illegal , and against his coronation oath , being done without his parliaments assent or counsel : and yet k. iohn's charter ( to the pope ) in matth. paris , doth pretend it done communi concilio baronum . and about stephen langton , the same k. iohn did write to the pope , that he could not depart from the liberties of his crown , but would , or should defend them to his death : and hence began the great excommunication , which begot a confiscation of the church revenues ; & hinc ille lachrymae , which could not be stopped , till the crown did stoop to pandulph ; which might have excused the poor hermit , peter , from being so cruelly dragged from corf● ▪ castle to warham . but when the same king felt his arms loose , he laid about him so , that all believed he meant to strike . in that meen the arch-bishop told him , it was against his oath , to raise or make war without the consent of his great court : si absque iudicio curiae suae , contra quempiam bellum moveret , to be added to the militia : but the fire was already kindled , and the smoak or flame brake out at nottingham . i must not touch the barons wars , except i had leisure to discourse and discuss them freely : only , as we found our great charters , made up of old laws and customs ; so i might now also clear it more , that it was not a new fetter on the king to have some supervisors set about him , for to order all his actions ; who , by his coronation oath , was tied to do nothing touching the kingdom , but with advice and consent of the great council ; per concilium , & per iudicium procerum regni . that it was so also among the britains , to all observed before , i might add , the old scottish custom of choosing twelve peers in parliament to be the kings tutors , as we may call them ; for by them the king must be wholly governed ; quorum concilio rex regnum gubernare debebat , as we may read it in walsinghams edward . besides their own chronicles ; that i say nothing of the twelve brittish peers , of which cambden in siluribus . we need not much wonder at the writs in k. iohn's time , requiring all men of all conditions to oblige themselves by oath , to maintain the great charter , and to compel the king thereunto : et quod ipsum regem pro posse suo , per captionem castrorum suorum , distringerent & gravarent , ad praefata omnia exequenda ; when as this very clause was in his charter ; et illi barones , cum communa totius terrae , distringent & gravabat nos , modis omnibus quibus poterunt , scilicet per captionem castrorum , terrarum possessionum , & aliis modis quibus potuerint ; donec fuit emendatum secundum arbitrium eorum . which may be added to that before of our allegiance , or oath of fealty to the king with the kingdom , and of the kings oath to be guided by the judgment of his great court. nay , as if k. iohn's salva persona , n. & reginae n. & liberorum n. had been too loose ; in k. henry's charter it was expressed thus , licet omnibus de regno n. contra nos insurgere ; nay , and to do all things , quae gravamen nostrum respiciant , ac si nobis in nullo tenerentur . these times seem not to attend our grand maxim of state , the king can do no wrong ; or at least they understood it not , as some late courtiers would perswade us : yet it is true , he can do nothing but by law ; and what he may by law , can do no wrong : and if he do against the law , his personal acts , commands , or writing , do oblige no more than if they were a childs : and the books call him an infant in law ( though his politick capacity be not in nonage ; as the parliament declared in edward the sixth ; ) which is not to exempt him from errors , or to excuse his crimes ; but to shew that he must be guided by his council ; and that his own personal grants or commands cannot hurt any more than an infants ; which may be reclaimed and recalled by the council of the kingdom . so the mirror saith , the king cannot grant a franchise to prejudice his crown or others ; because he holds his right and dignities but as an infant , cap. . sect. . if i should say , the commons in parliament are and were the kingdoms peers ; as well as the lords , i might vouch an old authority , as good as the ancient modus of parliament , which doth often call the commons , peers of parliament , as well as the lords . so , debent auxilia peti pleno parliamento , & in scripto cuilibet graduum parium parliamenti ; & oportet quod omnes pares parliamenti consentiant ; & duo milites pro comitatu majorem vocem habent in concedendo , & contradicendo , quam major comes angliae , &c. so in doubtful cases of peace and war , disputetur per pares parliamenti : and if need be , twenty five shall be chosen de omnibus paribus regni ; which are so specified , two bishops , three proctors , two earls , three barons , five knights , five citizens , and five burgesses . and again , omnes pares parliamenti sedebunt , & nullus stabit , sed quando loquitur , ut omnes audiantur à paribus . and again , nullus solus potest nec debet recedere à parliamento sine licentia regis , & omnium parium parliamenti , & hoc in pleno parliamento ; ità quod inde fiat mentio in rotulis parliamenti . it may be possible , that bracton and fleta with others , may use the phrase pares , in such a sence ; when they say , that the king or his commissioners should not judge and determine of treason , but pares . which may be added to the th of edw. . reserving treason to parliament , where of old , it seemeth only determinable ; so that the mirror would not have it endicted , but by accusation and in full parliament , as in king edmund's time , &c. cap. . sect. . and in edw. the d it was enacted , that offences of peers , and great officers , and those who sued against the laws , should be tryed in parliament . and although now the phrase be given to all the lords of parliament , yet it was most or only proper to the earls , whom by law and custom the king styleth consanguineos , and he might style them his peers or companions , as in latine comites . so bracton , comites dicuntur quasi socii regis , & qui habet socium , habet magistrum ; and in another place , a societate reges , enim tales sibi associant ad consulendum & regendum populum dei ; and the like is in fleta , comites à comitiva dicuntur , qui cum viderint regem sine freno , frenum sibi apponere tenentur , &c. which is also in bracton . the mirror is yet clearer , although the king had no equals , yet because himself or his commissars might not be judge , it was provided by law that he should have companions to hear and determine all his torts , &c , aux parliaments , and those companions were called countees , ( earls ) from the latine comites . so also sarisberiensis ( cited before ) in hen. . comites à societatis participatione dici quisquis ignorat ignarus est literarum , &c. some will have them , comites & socii in fisca , because of old , some earls had a third part of profits accrewing by pleas and forfeitures in their counties , as the laws of the confessor , and mr. selden in his comes ; but he will also grant their name à comitiva potestate , rather than from such communion of profits . that the old sheriffs also , who were vice-comites , did come to parliament , appeareth in the ancient writs and histories ; and yet the barons seem to be the kingdoms iudges , and the present earls may seem to sit in parliament but onely as barons , who are now all peers and lords and parliament . but although the lords were the great iudges of the kingdom , and of all members thereof , yet it is well known , that in full parliament , as old as edw. . they did not only acknowledge , but protest that they were not to iudge the commons in cases of treason and felony , being not their peers . how it was in rich. the second , may be seen at large in the rolls and records now printed : in edward the second the commons proceeded by the judgment of the lords , for which also the fructus temporum cited before , may be added to all in the road. appeals and writs of error were from the king to the lords , in ecclesiasticals that touched the king , they were to the spiritual prelates , abbots and priors of the upper house , by act of parliament in hen. . till which it may be temporal lords had also cognizance of such as well as temporals . and writs of error in the parliament were judged by the lords , for they came from the kings court , his bench or his exchequer ; and if errors had been in the common pleas or below it , they should not be brought into parliament , but to the kings-bench , and from the kings-bench , as from the king ( not otherwise ) they came to the lords ; and although there was a formal petition for removing the record from the king ▪ it was but of course , and the king could not deny it . which we found granted by all the old lawyers and historians , ( as i shewed before ) and by the grand master and patron of law , king edw. . in britton , because none may judge in his own cause , therefore in causes where our self shall be party , we do consent , que n. court soit judg sicome counts & barons in temps de parliament . in the laws of hen. . one of the chapters beginneth thus , iudices sunt barones comitatus , qui liberas in eis terras habent ; for in those times barons were by tenure only , not by patent , ( that i know ) till beauchamp of holt in rich. . nor by writ ( that i can find ) till the barons wars , but k. johns charter , is to summon comites & barones regni majores sigillatim per literas n. but all that hold in capitae , by general summons forty days before the parliament , and that negotium procedat ad diem assignatum , secundum consilium eorum qui presentes fuerint , quamvis non omnes submoniti venerint ; and the summons of delinquents or suitors in parliament , was to appear and abide the judgment of the court , not of the king , but of his court , for the king is father and not judge of his people , in his proper person , as was shewed before ; and all the books agree that he must commit his jurisdiction unto judges in the courts of justice , and when he might assume great offices into his own hands , by parliament in edw. the third , all judges were expresly excepted , and the judges oaths , and several acts of parliament require them to proceed according to the law , notwithstanding the kings command or seal against it , and the register affordeth a writ to supersede or revoke any such seal from the king himself to any of the judges . and the lord chief justices , as the lord chancellor and treasurer were chosen by the kingdom , as we found before in the time of hen. . how much more then should the lords of parliament be made by parliament ? for else they be the kings commissioners . so the roman saith , our german fathers chose their lords in common council , to be judges , in iisdem conciliis eliguntur & principes qui jura reddunt . de minoribus consultant principes , de majoribus omnes . and caesar also observeth , that their princes ( or lords ) were their great judges ; sed principes regionem atque pagorum inter suos jus dicunt , controversiasque minuunt . yet tacitus will also tell us , that with those princes they did joyn commons ; centeni ex plebe comites ; which were ( perhaps ) the fathers of our county hundreds . and in k. williams edition of the confessor's laws , when he inclined so much to them of norwey ; universi compatriotae regni , qui leges edixerant , came and besought him not to change their old laws and customs of their ancestors , because they could not judge from laws they understood not ; quia durum valde foret sibi suscipere leges ignotas ; & judicare de eis quas nesciebant . how it was in parliament , while there were only barons by tenure , would be more enquired . but of later times , commons have adjudged commons , and have joyned with the lords in adjudging lords ; of which there are divers cases cited , in the fourth part of institutes , cap. . pag. . it may be considered , that many kingdoms , and common-wealths ( that were not kingdoms ) in all ages did consist of three estates ; ( as of three principles in nature , or bodies natural ; ) which might occasion the phrase of tribe , in many other besides the romans : who in three estates , were not so ancient as the grecians or aegyptians ; that i speak not of the gauls , britans , or the eastern nations . and if any would observe , it might be possible to find the prophets hinting a trinity in divers kingdoms or estates ; and that not only for moulding , but for overthrowing them : besides the three captivities , or three overturnings of the iewish state ; and the three blows of the goat on the ram in daniel ; as alluding to the three great battles which did break the persian empire . and why may not the sacred trinity be shadowed out in bodies politick , as well as in natural ? and if so , our three estates may be branched as our writs , into original , iudicial and executive ; as shadows of the being , wisdom , and activity divine . if i may not grant , yet i cannot deny original power to the commons ; iudicial to the lords , executive to the king ; as the spirit to the body , or if you will , the head ( or fountain of sense and motion ; ) but he must see by two eyes , and hear by two ears ; as i touched before , yet his very pardoning although it be by law much limited , ) doth seem to speak his power executive : and so his writs do speak aright ; because my courts have so , and so judged : therefore i do so , and so , command the judgment shall be executed . and if any will assert the militia , to this power executive , i shall also grant it to the king ; so that it may be alwayes under the power original and judicial . this might belong to the lords , and that to the commons . and the plain truth is , i do not find more arguments to prove the judicial power to belong to the lords , than i do for rhe legislative in the commons : and ( as it seemeth to be above , so below also ) it may be much disputed , that the legislative , judicial and executive power , should be in distinct subjects by the law of nature . for if law-makers be judges of those that break their laws , they seem to judge in their own causes : which our law , and nature it self so much avoideth and abhorreth . so it seemeth also to forbid both the law-maker and iudge to execute : and by express act of parliament , it is provided , that sheriffs be not justices , where they be sheriffs . but if execution be alwayes consonant to judgment , and this to the law ; there is still most sweet harmony , and as i may say , a sacred unity in trinity represented . that the commons should have most right to the power original , or legislative in nature ; i shall leave to be disputed by others . i shall only touch some few particulars , which have made me sometimes to suspect that by our laws , and model of this kingdom , it both was and should be so . how the roman historian found the judicial power given to the lords , by our old ancestors , i did observe before ; he is as plain for the legislative in the commons : nay , to the lords themselves , he saith in judging was adjoyned a committee of commons , both for counsel and authority : ex plebe comites , consilium simul & authoritas . and again he sheweth , how the lords did sit in council , about the less affairs ; but of greater , all both lords and commons : so also that those things which the commons did determine , quorum arbitrium penes plebem , apud principes pertractentur ; they should be debated with the lords , for their advice , but not their legislative votes . and the mirror ( a good comment on tacitus , in this ) sheweth how our lords were raised out of the commons ; and giveth them a power judicial , but where is their ligislative ? nay , the modus of parliament will not only tell us , that the commons have better and stronger votes than the lords ; but that there may be a parliament without the lords , ( as well as prelates : ) for , there was a time in which there was neither bishop nor earl , nec baro , ( so the irish modus ; ) and yet there were parliaments without them ; but never without the commons . so that if the commons be not summoned , or for cause reasonable , cannot , or will not come , for specialties in which they blame the king ; parliamentum tenebitur pro nullo , quamvis omnes alii status plenarie ibidem interfuerint . and the kings oath is to confirm the just laws which the commons ( not the lords , but commons ) shall elect or choose ; quas vulgus elegerit ; so in latine , and in french of edw. . and edw. . les quiels la communante aur ' eslu : and in english , of hen. . and other times , which the commons of the realm shall choose . and if we look into the old writs of summons , we shall find the commons called , ad consentiendum & faciendum ; and the old writ addeth , quod quilibet & omnes de comitatu , facerent vel faceret , ii personaliter interessent : ( as it is in the modus of parliament , ) with sufficient intimation that without the commons nothing could be done , which the late writs express thus : ita quod dicta negotia infecta non remaneant , pro defectu potestatis , &c. but the lords are called , de quibusdam arduis tractaturi , & consilium impensuri ; only as counsellors , not as law-makers : for the very same words are in the writs , for the judges and others coming to parliament , although they do not vote in making laws . this may also shew us , how the lords themselves did elect the knights of shires , ( and by statute of rich. . are to contribute to the charges of the county knights ) who were to sit and vote in parliament as law-makers for the whole county : whereas the lords were there but as judges , and the kings counsellors . and is it probable they should retain to their own persons that for which they delegated others ? who were there to do , quod quilibet & omnes facerent personaliter , even all that all the lords themselves should do as freeholders , not as lords or the kings patentees , who might so be his councellors or iudges rather than law-makers ; this was more left ( it seems ) to the commons , who for this and other reasons should not be common iudges ( as i think ) in private causes or of private persons , but of iudges , or of such as the mirror speaketh , of whom elsewhere there was no common justice to be had . but if the lords had not a legislative right , why did the commons send up the bills to them ? how came the lords to joyn with the commons in passing of acts ? it cannot be expected that i should shew the original of all changes or distempers in this kingdom ; it is work enough to shew our first mould or constitution : yet for this also it cannot be doubted , but the barons wars and power might gain upon the commons more than on the king ; he had such bounds before that he could hardly be obliged more , or capable of granting much , but what was due before to all his people : but it might be easie for the potent lords to grow upon the commons in the name of barons . in that name i say , for i cannot determine but the old barons ( being the great freeholders and the lords of all the manors that have left their names in our courts baron , ) had by law and reason much more power than had the kings patentees , created barons by patent or writ . but this new creation did but multiply the iudges or the kings councellors , for by so taking their commission from the king , they were only as other judges in inferiour courts , and so did really lose their great power of iudging , which was proper only to those who were the kingdoms peers and iudges . so that these lords did justly admit the commons ( or rather were admitted by the commons ) into the grand iudicature ; and it may be that as the barons did communicate their power iudicial , so the commons might communicate their legislative unto those who had the name , but little of the nature of the old barons by tenure ; yet by so doing they might bring confusion or an harsh discord into natures harmony . but the main occasion seemed thus , the king was tyed by his coronation oath to hold , keep and defend the just laws and customs chosen by the commons ; iustas leges & consuetudines quas vulgus elegerit ; and this limitation ( of iust ) seemed to admit of reason or debate , so much as might convince the laws required to be just , for else i know not that the king was ever tyed to them . and because he was or might be an infant , he had still a great council about him to discuss the laws proposed by the commons ; and for this cause he did , and by reason might summon the lords , ( or any other wise and good man he knew , ) to come and give him counsel , as the writ speaketh to the lords and iudges , &c. de quibusdam arduis nobiscum tractaturi & concilium impensuri ; so we find the old acts passed per consilium baronum , as we might shew in all ages . and because he used to demurr at bills , till he had the advice of his great council ; hence it may be ( for more compendium , ) the bill was sent up first to the lords , as the kings counsellors , and if they counselled him against it , then he answered , le roy s'avisera , the king will yet be farther advised ; for he did not , and i think he could not give a denyal , nor of old ( perhaps ) demurred , till the lords advised him against it . i dispute not how much the commons might oblige the commons without assent of lords or king ; nor have i yet said , that in the coronation oath the commons just acts are called laws , and to mould them may be works distinct enough ; and the plain truth is , his oath is to hold , and to keep , and to defend the commons laws , ( à tenir & gardir & les defenderer , per se tenendas & protegendas , ) as well as to grant or to confirm . however , i do not see , either by reason or law , that the king was so obliged to the judgment of his own created lords ( and there be few or none others left in england ) that he might not be convinced by the reason of the commons , either without or against the lords . and ( beside divers ordinances without any of the lords , ) it cannot be denyed , but in divers ages , there were acts of parliament made without or against all the lords spiritual ; which yet , often , were the major part of the lords house , and had as good , it may be better , votes ( as barons by tenure ) than had all the other lords , by writ and patent only : which might make them judges or councellors , much rather than law-makers . i should still be far from desiring to obtrude my own fancies or opinions upon any , least of all to the wrong of others : therefore , if any can produce a better title , my petition is , they may be heard , and may receive their just rights and priviledges . but if this be true , ( which i now only propose , and submit to better thoughts and judgments , ) then had the lords of late but a right consultative of making laws . and besides all that was said before , this seemeth one reason , why our ancestors did so willingly follow the vice of nature , in placing the power legislative , iudicial and executive , in three distinct estates , ( as in animals , aerials , etherials or celestials , three regions , and three principles in naturals , ) that so they might be forced to consult often and much in all they did . and if this frequent consultation were retained , and observed still , it might not only occasion good reviews , but also prevent that , which to the common-wealth i fear ( and not alone to private persons ) may be sometimes prejudicial , in a sudden vote or act of one house , or one body ; and yet one may be better much than many , if they be not good . it must be granted , that in bodies of the best complexion and composure here below , there may be such distemper , and such gangrene in some members , that it may be more than fit to cut it off . nay , what was best , may come to be the worst in putrefaction ; that it may be meer necessity to bury it , although it were as dear as sarah was to abraham , or set on high by him that raised up the brazen serpent , which see e're long lye buryed with this epitaph , nehushtan . and to all that is truly just , the commons of england will not need to plead a bare necessity ; for by law and reason too it may be said , and proved ( i believe , ) that both the king himself who chooseth by his writ , and all the lords , by several votes , have left the legislative power so to the house of commons , that they had a legal right to do what all the kingdom and common-wealth of england justly could . but they are men , and therefore may be much unjust ; nay , where the thing they do is iust , they may be much or most unjust . i have neither calling nor ability to judge them : nor may i act with force against them , for whate're i think unjust : no , not if i should think they did usurp the crown . for , if the law reports and books deceive me not , it hath been judged treason , and so is ; for private men to rise , conspire , or levy war against one that usurps the crown and rights thereof ; except it rightly were declared usurpation , or that others should or might oppose him that did so usurp : of which the reasons may be great and obvious . let me then suppose any one man of all the commons in parliament , ( for i will not suppose it possible for all the house ) to usurp the royal crown , with all its dues ; what should i , what may i doe , but mind my calling , and attend the judgment of the highest court , i know ? that may command my body , and my judgment much ( for ought i see ) in things i know so little , as i do or can , the due disposal of the crown , or that mighty burthen , or that royal venom , as the roman emperor did call it . i did , and still do , believe there may , and shall , be such a monarchy ere long , t●●●ugh all the world ; that i shall gladly bow , and stoop , and bear the yoke : for , it is easy , and the burthen light . i hope and believe , or know that god will come , and appear , ere long , to dwell in the world : for , the earth shall be full of his glory , and his kingdom shall come , and his will be done , on earth , as now in heaven , so , we were taught to ask ; and it therefore shall be fully answered . i could desire him rather ( if he pleased ) in the still quiet voice , then in the rushing wind , or fire , or thunder-claps : yet so , he came before , and shook the earth : and so , it seems again ; yet once again to shake both heaven and earth . overturning , overturning , overturning , ( for there also were three , ) till he comes , whose right it is ; to whom , both kings , and lords , and all must bow , ( or be bowed , ) to submit , and cast down their crowns , their coronets , and all their glory . the earth shall reel and fall , and rise no more . for , he will visit the host of high ones , that are on high ; and the kings , of the earth , upon the earth , they shall be taken , and cast into prison , shut up in the pit , and shall be visited , or wanting . nay , he will darken the sun , and confound the moon , and make the stars to blush ; before he reigneth in glory , among his antients , in jerusalem . his tabernacle then , shall appear again , and rest among them : but babylon must first be pulled down . we may deceive our selves , in chayning babylon to any town , or city , whatsoever : although one it may be , more especially . but babel was the head of nimrod 's kingdom ; whence tyranny did stream through all the world. for , although the out-lets of euphrates , be ( long since ) stopped , in the fenns of caldea : yet , there is another rapid torrent , tygris , which from babylon disperseth much confusion , ( troubled waters , ) into all the seas about . nor may it wholly be unworthy of our thoughts , how babylon was alwaies the beginning , or the head of tyranny , through all this world. but fatal still , to most that did but touch it . so to nimrod , the great bell of babylon , and the assyrians . sardanapalus might effect an end , so like to belus ; who was burnt ( some think ) with fire from heaven . so , that a statue , was made of him , who left no relique : and from hence , began idolatry . so to nebuchadnezer , and the babylonian monarhcy : when the watchers saw him , strut and say , is not this my babylon ? the story of this , and of its loss to persians , is so clear , in sacred writ ; that i need not enlarge it from iosephus , the true berosus , megasthenes , herodotus , xenophon , or any later . though it be also very considerable among those heathens . and so , is that famous ruine of senacherib , whom esay maketh a type of all the churches carnal and spiritual foes : insomuch , that from him , rather than egypt , st. iohn's binding of satan , the old dragon , the crossing serpent , seemeth borrowed . the persian empire , did begin from cyrus , taking babylon . it 's pride and tyranny , did much encrease ; then , when darius won this babylon again . but neither cyrus , nor cambyses , darius , nor xerxes ; ( or any other persian monarch , ) could much prosper , in ought of consequence ; in scythia , greece , or other places ; after they were stained , or cursed , with babylon . the macedonian , was succesful very much ; but not accounted , any of those monarchies , till alexander lost himself , by gaining babylon . 't is strange , how great a change it made in him ; that then became , a cruel , lustful , and licentious tyrant ; stay but a while , and you shall see him lose both life , and monarchy , at once , in fatal babylon . philip was very young , but old enough to be the father to a famous grecian epocha ( which used in the machabees , and many others , ) first began in babylon ; ( as nabonassors's also , long before . ) the character was red , and dyed , with the blood of all that family . seleucus , durst not call himself a king , till well possessed of babylon : from whence began the kingdom of the north which was , ( in daniel ) to wrestle , with the south or aegypt ; till the ships of chittim , made him afraid ; and proud antiochus was glad to bow , and speak the romans fair , before he could be freed from his circle ; though it were , but made in sand , by a riding rod. babylon was fatal to the romans also : for , so far they prospered still , but never over , or beyond the streams of babylon . charan was tomb to crassus's army , as before to terah : nearer much to ura , ( found in divers , ) then to urchoa , with ptolomy . much i might speak of parthians , persians , saracens , turks . these seem as angels , bound beyond euphrates ; but being loosed , and possess'd of babylon , their tyranny was divilish . now it is , ( or rather is not , but poor bagdad ) in turkish hands , most times ; except an army of locusts , ( 't is remarkable , ) appear as harbengers before the persian . but his sun must be eclipsed , with the turkish moon , before the glory of ierusalem . but to return to babylon , while romans kept the scene , they acted well ; but 't was a tragedy , for some have thought they brought more shame and sin , and tyranny , from all the coasts of babylon , then brass from corinth , or antiquities from greece . thus babylon was buried in rome , but rome is ruined by babylon . edom and babylon run parallel , in judgment ( through the prophets , ) and the iews were plain enough , in saying , or in proving , who is edom , in this western world. this edom , did give name , all say ( since learned fuller wrote his miscellanies ) to the red , or rather , the reed sea , but this may be doubted ; and the rather , ( with other great objections ; for it is scarce a drop , to that the antients call the erythrean sea , or mare rubrum ; never belonging unto esau : ) in that edom will hardly be found , to denote red. a great master of the arabick , and other kinds of learning , in cambridge , mr. wheelock , did almost perswade me once that edom's name , is better sought and found , in arabick , where it may sound as much as eator , or a glutton : who did sell his birthright , for a mess of broth ; as adam ( the first glutton , ) sold his paradice , and all , for a little apple , or the like . this etymology , of edom , i could the rather believe ; because in tuscan , latin , and so many other tongues , edo , eso , esor , ( and the like words , ) do all signifie eating : and in other nations , the d , is only changed into t , its cousen germane . how edom came to be a type of rome , ( as the iews so constantly affirm , ) may appear in due place . this is very considerable , that among all other judgments threatned on babylon and edom , ( for they are equals in most ; ) this is one , and the chief of all , that they shall be perpetual desolations , and shall never return , or rise again , when they be fallen . tyre and sydon , might return again ; aegypt and aethiopia : for chush may reach to that also , from chusiana , on the banks of euphrates and tygris ; whence they passed through arabia , ( and there left their name also , ) cross the red sea. moab and ammon shall escape , from the last northern king in daniel ; and they shall return in the latter days ( a noted phrase . ) nay sodom it self , shall return and rejoice with her sisters , samaria , ( for ephraim in this also , seemeth to be the first born ; ) and with ierusalem the younger sister . so , spake the type also , when lot , and abraham's tennants of sodom were , ( in the fourteenth great year ) delivered , from the oppression and tyranny of all the four grand monarchies , of shinaar , or babylon ; of elam , or persia ; ellassar , ( the prince of ellas ) or greece : which three also , may lie in the heifer , ram , and goat , ( god's own emblems , of the three first monarchies ; ) which were divided , and broken about the dove , and turtle of abraham ; and the king of the gentiles , may typifie the roman empire : although i could yet believe , there may be more in it . antichrist , may seem to have two horns , one in the west , and christian temple : the other in the east , and jewish temple . ( edom and babylon ) mahomet did rise , about as bad a time , at rome , as hildebrand . but it may be , his horn must end in gog , and magog , ( whence the king of gogim , in genesis ; ) which is very probable to be alleppo , the turks greatest residence in asia , directly north to ierusalem : and of old , not only hierapolis , but magog also , in some antient heathen authors . but edom and babylon shall mourn and lament , in that eternal desolation ; while the whole earth , besides , ( so speak the prophets , ) shall rejoyce . the world must be renewed , the promise and the blessing to adam must not fail one tittle , nor could the flood ( or its worst causes ) disanul the grace of god , established so long before . nay , it was continued , confirmed , and inlarged , in the new charter to noah . the scripture is very observable ; although i dare not be too confident in ought of noah's blessing , or will or commands , found in the cave among the tuscan ( rarities much rather then ) antiquities . yet with much of those also there is more to be compared , then i have yet seen in lazius or berosus ( for annius may be excused , who found it with that title , ) but the book was written by a iew , if tsemack david do not deceive me . and the jews with much consent , expect this glorious change. both touching themselves , ( who never yet ( 't is thought ) possessed half their promised land , from euphrates to the sea , from lebanon to aegypt , nay , where ever their feet did tread ) and others also of the pious gentiles . to this day they shake their palms in triumph every way ( in their great hosanna ; ) in allusion to the psalms and prophets ; who say , that every tree of the wood shall shout , rejoyce , clap hands , and sing for joy. nor do they think the time far off , and that from better grounds perhaps , than is the old prediction in their zohar , which foretels their redemption should be upon , or about , the year last past ; to which they add somewhat they see , or have heard from their brethren of iuda in brasile : or of israel in other parts of america , which they cannot much believe ( till it be better confirmed ; ) although it be with many arguments asserted by a grave sober man of their own nation , that is lately come from the western world. it is strange , if it should prove true , and that which might regain some of esdra's credit , ( besides all of christ , and the iews long captivity , with their return about the ruine of the roman empire , whose twelve first caesars , with divers others , he describeth clearly ; ) in that also of the ten tribes passing through a river or strait , ( may it be the strait of anian ) in a long journey of many months or years , to a countrey not inhabited . it is also remarkable , that such good authors should relate the traditions of the mexicans , or others in those parts ; coming a great journey , with an ark carried before them on mens shoulders , with their god therein , and what others have observed of circumcision found in some of those parts : with other rites of tribes , heads of tribes and families , with some pretty ceremonies of marriage , funerals , and washings ; not altogether unlike the iews , or israelites . however , it seems they left many of their brethren behind them in asia , though it must not be in tartary . the world will not admit of it of late , although it was very current a while , in dan and naphtalim , mount tabor , or i know not what , in ortelius and others . but millions of them , are still found in persia , and other parts of asia , though i give no credit to their kingdom in caramania , or elsewhere described or feigned by benjamin , the jew in eyre . yet with him must be condemned ( if he lies in all ) some of our own , that have travelled in those parts . not only master herbert , who hath many considerable passages ; besides that of a mighty high peak of taurus , for ararat , not very far from the caspian sea ; which he saith the inhabitants do still , to that day , call the descent from the ark , which would much have pleased sr. walter raleigh , and other learned men , that would not have noah come out of armenia ; though so many heathens also do record it thereabout . but to return to the iews , and their return ▪ it is so clear , and so full in the scriptures ( both old and new ) that i need not seek it in the apocrypha , where yet are many predictions of it clear enough , especially in tobit . i mean the old hebrew tobit , brought from the east ; for that we have is broken and imperfect much , being only taken from a iew 's mouth , that translated it to ierome ; as himself confesseth , if i forget not . all the prophets speak clearly of it ; but ionas , that of him we have , was but a second prophecy , which , besides all the iews , somewhat in his own words doth intimate : and we need no more ; for , in the kings we find ionas's prophecy for israel's , ( even israel's ) restoration , which is there also carried up to moses's song ( cited also in ezechiel , besides other prophets ) as that which is clear enough for what we speak . so is moses also clear , that great troubles shall befal them in the latter days : that is , in the time of the messiah , as they all confess ; for so they still interpret the phrase . and to this place , with others , they refer their afflictions , under messiah ben ioseph . whom ( i hope ) they begin to think already come : although ben david do not yet appear to them , but moses addeth , that the gentiles should also rejoyce with his people israel . for he would again be merciful to his people , and his land , and so that song endeth ; which was to be kept and considered , in the latter days , or time of the messiah . abraham was first told his seed must be as dust , and afterwards as stars : not stars for multitude i think , but glory , except there be more stars then the jesuite thought , who hath lately wrote a book in praise of the virgin ; being nothing else but one verse ( tot tibi sunt dotes virgo , quot fulera coelo ; ) which he hath changed above a thousand times , ( and might have done it much oftner , ) keeping the very same entire words in a true verse . abraham the high father , had two sons in special . ishmael a type of the carnal iew ( who had also twelve princes , twelve patriarcks ) from hagar , the earthly ierusalem : coming first from egypt , and growing proud , she is driven out ( into captivity ) but soon returns again upon an angels call. yet she must only stay till isaac ( a real type of christ ) is born , and weaned a while ; and then , her self and son ( for mocking isaac ) must be turned out of doors , from abraham's house , or church . it was very bitter to good abraham , but she must out . and she is yet in bondage ( in the wilderness , a long captivity , ) together with her son poor ishmael . but in this wilderness , when she is near despair , sitting alone , wringing her hands , for grief and woe ; and her poor son , at a distance crying , or rather gasping for life , god will hear , god will hear , ( return o god to the many thousands of israel , ) and he will call , and speak kindly to her , in the wilderness : he will then open her eyes to see a well , a fountain of living water . the well of him that hath lived long , and looked on her . for , when the poor and needy shall thirst sore , and their tongue cleave to their mouth , ( when they sit in darkness , he will see and execute peace , ) he will open a fountain in the wilderness : so do the psalmists and prophets often alude to this of hagar in the wilderness , an history of all the bible , much , i may say , more remarkable . after this shall isaac come and seek his poor brother ishmael , he also shall come and dwell with his brother at his well labairos : and thereabout he met rebecca , though i dare not draw the paralels . but it may be worthy of inquiring , that about forty years old , he should meet his wife at hagar's well . the iews do tell us pretty stories of old abraham's coming oft , and knocking at the door to call and see his son , though hagar was much abroad and yet they say , she did return again at last into his house . and some will also have her to be keturah , on whom abraham had many sons , that peopled the east . these seem to be the abrahamides , or brachmonides , of whom we hear so much , yet see so little , but their names . certain it is , what ere became of hagar , that ishmael returned to isaac , or rather isaac to ishmael . for , besides that of isaac's living so much at ishmael's well , the text is clear , for their being together at abraham's death , or funeral . and ishmael ( a better man then some may think ) dyed in honour , or as the phrase is , in the midst of his brethren , if i mistake it not . isaac ( a type of christ ) had two sons , that wrestled and fought so soon as they had being . edom the eldest ( which the jews will have to be the roman christian church , the first born to christ , or isaac ; ) yet must come to serve the younger , when he cometh up . iacob ( the father of all israel ) had two wives . leah the visible church of carnal jews , or gentiles , bleer eyed ; not so lovely to her husband as was rachel . who was long barren , but at length beareth ioseph ; and she is then to leave her father's house : for he will give them up ( for smiting ioseph , ) until she that travailed bring forth , and receive her son with joy. in this flying posture , iacob meets the angels at mahamin ( it was the way with the canticles . ) he wrestleth and prevaileth with god , and with edom. 't is a great mystery : but i am tedious . poor rachel is loath to leave her idols . these stick and stain her ( but they must be buried in bethel , ) till at length she come to bethelem-ephrata ; and there she travaileth with benjamin ; to her , benoni ; for she must expire as soon almost as he is born . nor did she regard the words of those , that told her , that she had a son : but she shall receive him again with joy. i dare not say that blear-eyed leah , was typified by old lilith , of whom the iews speak so much , and so ill ; because she did so much displease our father adam , till god in pity cut him asunder , ( as they speak , and so doth plato also , ) and of one of his sides made eve. otherwise his body had been more round ; male before , and female behind : to which they say the psalmist doth allude ; besides that of moses : male and female created he them , or him ; at the first . they have also an antient tradition , of which , the talmud , and many of their best writers ; that there should come two messiahs , and the first should attempt , but not perform the full deliverance : but that he should dye , and leave them in a doleful plight , so long , till a second came , and relieved them all , and reigned over them , as david : for , they call him ben-david , as the former ben-ioseph , or ben-ephraim . not only for his relation to ioseph , but they use to call any noble gallant man an ephraimite . and in that of their first messiah , they seem to allude to a common story among them , of ephraim's hardy attempt to carry them forth from egypt : but his rashness cost him many thousand armed men , drawing the bow , but turning back in the day of battle ; as the scripture seemeth to allude in several places . those two distinct men , ( with the iews ) seem but two distinct estates in one , and the same messiah . which two estates seem also to be tipyfyed by ioseph and benjamin , good iacob's darlings , and the sons of his beloved rachel , the good jewish church . somewhat it is the scripture meaneth , i believe , in bringing christ from bethlehem-ephrata : by which we are also led , and bid by st. matthew to look on rachel , falling in travail there , and weeping for her children , who were not . and often did she weep , if she could see how often they were not , or seemed not to be . so ioseph in the pit , in the dungeon in egypt , in ephraim's first attempt from egypt . so benjamin in that famous history , when all israel wept as well as rachel , because benjamin was not . yet again , how oft did she , must she weep ? poor rachel weepeth till she see them all again : and so she shall in the latter days , as saith the prophet ieremiah . and then also the children of barren rachel may be more , than of fruitful leah . and another prophet saith , they shall be given up ( as deserted by the father ) till she that travailled shall bring forth : nay , till she have leisure to attend with joy , that a man-child is born to her . some have thought the travailer to be gentile church , but it is interwoven with bethlem ephrata . i need not spend much time to parallel the two estates of our messiah with this ioseph , and this benjamin ; the lord will dwell between his shoulders , more then when the holy place was in the tribe of benjamin : he also was cut off , ( as ioseph was ) but did prolong his days and prosper . yet a little while , i hope , and benjamin shall come down from his good father ; and then shall ioseph ( ben ioseph ) make himself known to his brethren , who did hate him , shout at him , cast him into the pit , deliver him to the gentiles . but he was brought from prison and from iudgment : at thirty years he stood before the king , and was made governour of all . his brethren must come and bow down to him , tho they rememb'red not his affliction ; yet he preserveth them in aegypt : and tho dead , yet goeth before them to canaan in his coffin ; of which the jews have many stories , in the life of moses and others . they shall see him who they have pierced , and shall weep over him : for he shall melt them by saying , i am joseph your brother . but he must stay till aegypt be destroyed by famine : and be glad to yield it self to ioseph ; he must sit till his enemies be put under him . and then shall come the restitution ; when babylon is pulled down . it filleth all the scene as yet : and whil'st satan acteth as if he were god , it is no wonder that we see so little done of good. i must not trouble the world with the time of this great change : but it may be sought ( and perhaps found ) not only by types , but plain expressions in moses , and the prophets ; besides our saviour's words , and the revelation . this i may observe , that as aegypt was broken before the tabernacle was first raised , and edom before the first temple , and babylon before the second ; so both edom and babylon before the third , in ezekiel and st. iohn : for i now seek not the three temples in ezekiel , sitnah , and rohoboth ( digged by isaac ) as do many iews . of all the crimes of edom and babylon , this hath a heavy charge : that the afflicted heber , the people of his love. but those that curse them must be cursed . how great a share in that this kingdom had , i cannot say , there are mistakes on either side . we say they crucifyed a child , or more : they do deny it , and we prove it not . they say we drove them out from hence : it is not clear . they were in favour once at court ; they did deserve respect , who brought the crown two hundred thousand pounds per annum ( little less , as mony now , ) for divers years together . and king iohn did give or sell them a charter of priesthood , or rather presbytery ; for i know not that by this they ever sacrificed . and the charter yet remaineth , for old jacob the presbyter of all the jews in england , during life . their use and brocage was so burthensom , that in king edward the first , one parliament did quite deny them leave of usury ; and that did draw them , but not drive them hence . it was their motion that obtained a writ for safer passage , which yet secured them not , but that the best of them were drowned in the thames , by fraud of those that undertook to waft them over : but they hanged for abusing those poor jews . the next parliament did grant a whole fifteenth pro expulsione iudaeorum , yet they had but a writ for a pasport ; and they were but and odd , if i may believe a great learned judg , who has so reported and recorded . how they are now , i need not say : although i might also bear them witness , that they are yet zealous in their way : nor do they wholly want ingenious able men , of whom i cannot but with honour mention him that has so much obliged the world , by his learned writings , ●ab menasseh ben israel : a very learned civil man , and a lover of our nation . the more i think upon the great change now coming on them , and all the world ; the more i would be just and merciful to them , to all : nay universal sweetness if i could ; a christian overcoming all with love. and such one should be more i believe , if one had conquered all the world. for then there would be nothing left , but self to conquer . then one would return in love , and say , come forth my enemies and live , enjoy your rights , your peace and liberties , with all your ioyes . there shall not an hair fall off your heads . by this it shall be known , that god alone must reign . i know that antichrist and babylon must fall , and rise no more . but these are more in hearts , then any walls , or any city . not only in the heart , much less the name of king or lord : i judg my self , or so i should much rather , and much heavier than i judg another . for i see much cause to fear my self , lest i may keep a little pretty , rather ugly antichrist within my breast ; whil'st i am busie to destroy some others , more then it in others , or my self . there is a sweeping rain , oppressing more then any thunder . there is a pride most proper to a leathern coat . and one there was that trod on pato's pride , with prouder ( it was said ) and fouler heels . i find it in the scriptures : thence i know that babylon must down , and be thrown down with violence . more force it may seem , than form of law. yet , even in such things , god seldom doth that which is not just in man's eye also . nor did he ruine babylon , or spoyl aegypt , till they oppressed israel . nor did he bring the iews by pure force to possess canaan , before they had purchased sechem or machpela ; with such a legal seisin as might warrant force , or forcible disseisors , that so held possession against the true owners . and what ever force may appear in pulling down of babylon , i do not read or know that the new temple , or the new ierusalem shall be built with violence or by violent men , that may ruffle much in forcing babylon ; but they may perish by the sword that use it most . moses was the meekest man alive , yet he had a special commission , ( that was a patent sealed with the arms and impress of heaven ) to ruine or impoverish aegypt . he pulled down indeed , but he raised little but a tabernacle : only a shadow of good things to come . and it must be abolished by him that was typified by ioshua : for moses could not bring them into rest , altho by force and a mighty hand he brought them out of aegypt . david was a warriour and a mighty puller down : he cut off the head of goliah , and weakened all the philistins ; he threshed ammon , moab was his washpot , and over edom he casts his shoe. he shall be brought into the strong city , and shall harrow edom and sow it with salt , or cut off all the males but one or two that can escape by stratagem . but yet , he must not build the temple : for he was a man of blood ; and when he would but remove the ark , uzza is smitten , and david ashamed as well as afraid at that great breach , which remaineth to his day ; i had almost said prophetical of our times . from perez uzzah the ark is brought but a few paces ; for it must rest a long time with obed-edom , a mysterious name , and when it comes from thence to the city of david , it must be content with a tabernacle , with many forms and ceremonies : and among others obed-edom is the porter to that tabernacle . shall some of edom also be brought in ; although his desolation be eternal , or for an age of ages ? may they come to be porters , as the gibeonites were hewers of wood for the house of god ? his iudgments are in all the world ; and so they must be long . but judgment is his strange work , and he delighteth in mercy ; he will turn again , and be merciful unto us . nay , all the world shall sing and rejoyce . the sea shall roar a while , and all that in it dwells : but there shall be no more sea , no more death , or hell , but what shall be sealed up in the great pit. but the earth shall rejoyce , and his goodness shall be over all his works : they shall all bless him , they shall all praise him . nay , all the trees in the forest shall rejoyce . this is also the more considerable , in that it was so clearly expressed in that joyful psalm , which was made and sung at david's bringing the ark from obed-edom : but it is divers times repeated and inlarged in the psalms and prophets : for it is a great mystery . solomon the king of peace must build the temple up : there must not be a hammer heard , or a stone squared , but before it cometh thither . he is married to aegypt , and in league with tyre and sydon : the letters are yet to be found and read in old authors : then pineda , he is reconciled to moab and ammon : and the arabians bring him gifts , as did the magi from the east . he spake peace to the gentiles afar off : not only to the queen of sheba . i do not reject or believe all the titles or history of precious iohn : but i could with a sight of solomon's works ; and others in his famous library at amyra . nay , to the isles of the gentiles : we need not travel to peru as some have done , to seek ophir : it is nearer much , and better found in zealand , one of the best islands i suppose in all the world : and the learned author of the late peleg : maketh demonstrative paralels of this with ophir , or the taprobane of ancients . yet even solomon , this peaceful king , had two great enemies ; one was an edomite ( david left but very few , ) and the other was a syrian ; i do not say an assyrian or babylonian , altho these often come into the name of syria ( a vast latitude . ) but the text saith , the syrian reigned about damascus , which seemeth near the borders of the old magog ; and it may be compared with the close of the th . or rather with the middle of the th . of the revelation ; or with much in ezekiel , about the time of his temple ; or it may be , long after it was built . the second temple was built in a time of trouble , and great fear : for they held their swords together with their trewels . but yet it was not built by power or might , ( much less by force , ) but by his spirit and goodness , that did overaw his enemies . zerubbabel did hardly live to see his temple ; or at least the city finished . this was but a gentle visitation , as the jews used to call it : not a restoration of the two tribes , much less of all , as the prophets promise : nay , some of them promised after this return from babylon . and this temple was imperfect much , it wanted divers glories of the former : five in special , as the jews affirm ( at the want of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in the word foretelling its glories ) which never were recovered : tho great herod did encrease the outward glory . and there was a greater than solomon to give peace in that place : and so he did to all the world. 't is known how oft the romans shut the temple of their ianus . but why could not this peace endure ? was it because this temple was not founded in peace ? for ephraim envyed iudah , and iudah vexed ephraim . nay among themselves they could not agree : for some wept , as others laughed . but when the people did with one voice , and one consent , sing out to bless and praise the lord ( so saith the type in solomon , ) then , and not till then , the glory of god came down and fill'd the house ; so that the priests could not enter ; nor it may be , needed in that glory . this was but a type of somewhat yet to be fulfilled , more , much more in building of the new temple . solomon did also then pray that all the earth might come to know the lord , and serve him , as his people israel did . and this was heard and answered by god ; and almost all the prophets , who with much consent assure us , that the earth shall be full of the knowledg and glory of god. and that he shall be served with one consent , and with one shoulder : even from the rising of the sun , to the going down thereof . ( for it is worth observing how learning and religion , came along with the sun from east to west . ) in every place shall incense be offered with pure oblation . and then ephraim shall no longer envy judah , nor judah vex ephraim . if i durst assert esdras to be scripture in any thing ; it should be in those most considerable prophecies of the ruine of the roman eagle , to which it may be , our saviour also alludeth ; as he seemeth to do in divers other passages , found no where that i know , but in esdras . and about the fall of that roman eagle , he seeth a great multitude of fighters , ( as in armageddon . ) but at length arose a man , who was the son of man , that called to him a peaceful people , that should leave off war , for it should cease in all the world ; their swords and spears must be beaten into plow shares and pruning hooks . and when the multitude ( in the revelation ) stand and sing the new song , the song of moses ( of the sabbath , or the red sea , ) and the song of the lamb ( not yet known abroad : ) then , and not till then , is the vail of the tabernacle in heaven opened . but there was yet a smoke to cloud that glory . but when the seventh angle shall sound , and all the kingdoms of this world become the kingdoms of our lord , and of his christ : and those be destroyed , that destroyed the earth . then shall the temple of god be fully opened in heaven , and the ark of his testament ( the model shewed to moses on the mount , ) shall be seen and viewed in that temple : not in a tabernacle , but a temple : then also shall the four beasts ( which in ezechiel's mircavah , the jews will have to be the emblems of the four great monarchies in daniel : ) even these four beasts ; and the elders of presbyters ; with all the angels of heaven , and all the creatures of heaven and earth , and of the sea , and under the earth ; ( how long , or how far this may reach , i know not ) all shall fall down about the throne , giving honour and blessing , and praise to him that sitteth on the throne , and to the lamb , for ever and ever . and the four beasts again in special say amen . there is much spoken of a personal reign of christ upon earth : i do not affirm it , yet i believe there is more , much more for it , then i have yet seen in any of the many writers on daniel , or the revelation . and beside the judgment of so many , if not all the orthodox in iustin martyr's time : there be some very antient , ( almost apostles ) that relate how our saviour himself discoursed of this kingdom , which the acts do but intimate . but for my part , i do acknowledg my self to be so ambitious , as to expect somewhat much higher and better then his bodily presence , which yet i long for : as the captive hasteth to be loosed . but this would please or profit little without life and power , and real light above our doubts , disputes , or demonstrations . nor would this much profit man , or please god , i think , without true love , proportionate to such a light. the first paradice had one river parted into four streams , and one tree of knowledg : but of evil rather than good. the new paradice shall have many rivers of knowledg , to cover the earth , and many trees of knowledg also ; whose very leaves shall heal the nations ; what then shall their fruit be , but resurrection from the dead ? i see so much of this vain world , that i cannot but earnestly desire and long for a new earth , and for new heavens : but yet i should not value or desire them much , were it not that in these i hope to see more iustice , and more mercy . is not that the world to come , of which the hebrews and our saviour speak , as pardoning all but one sin ? the phrase is common with the jews , who do expect it on earth ; and the prophets make it a pardoning world to come , so that the inhabitants shall not say they are sick , for their iniquities shall be forgiven . i must confess my hope is , that he that bid us still forgive so much , that we might be like our father : meaneth himself to forgive very much ; being himself the founder and great patron of that great order of christians , whose badg is this , conquer thy self , and others evil by doing good. elijah must level his way , and many ( if not all the antients , ) thought elijah yet to come ; which our saviour also seemeth to intimate with that at his transfiguration . and the jews repeat the verse of the prophet malachi , which seemeth also to speak of two days ; and all elijah's work was hardly fulfilled at christ's first coming . however when that levelling is over and past , the lamb shall come of another spirit . for the son of man came not to destroy , but save : he is the prince of peace . and when he shall come to conquer ; he will come on a white horse , and shall ride on prospering , because of meekness , with truth and righteousness . he will have mercy and not sacrifice , and that will please him more than all burnt offerings . he will make our officers peace , and our exactors righteousness : for violence shall be no more : but a king shall rule in judgment , and a man shall be an hiding place from storm and tempest . i will hear what the lord god will speak ; for he will speak peace ( as well as truth ) to his people , and to his saints ; that they may no more return to folly , or have cause to blush . mercy and truth shall meet together , righteousness and peace shall kiss each other . truth shall spring out of the earth , but mercy ( this the jews called righteousness ) shall come down from heaven ; for the kingdom of god confisteth in peace and ioy , as well as righteousness . for the fruit of righteousness is peace , and assurance for ever ; being sown in peace , of them that make peace . such is the wisdom from above , and such are the fruits of the holy spirit . what shall we say then to the messenger of the nation ? or to the angel , spoyling edom and babylon ? what ? that the lord hath founded sion , and the poor of his people shall trust in it : he will leave an afflicted poor people , and they shall trust in the name of the lord ; and then will he give them a pure language , that they may all call upon him with one consent . thou hast indeed smitten edom and babylon . let not thine heart lift thee up , for why wilt thou meddle to thine own ruine ? that thou shouldest also fall , thou and all juda with thee . shall the sword devour for ever ? knowest thou not that it will be bitterness in the latter end ? how long shall it be then , ere thou bid the people return from persuing their brethren . again , and yet again , i bow my soul and pray , and humbly beg ; that all may be both iust , and iustly done . not with justice only , but with pitty and great compassion , and much mercy , for in many things we fail all . i say that the commons also failed to the common-wealth . but to speak freely , altho i will not judg the commons , yet i cannot justifie that house ; but i must also condemn what was lately done to them also , ( even to the house of commons ) by that army which hath often been acknowledged , to have both served and saved them from ruine or slavery . i desire not to dispute matter of fact , nor can i judg it . it is true that by express law ( besides all of reason and nature ) there should be no force of arms near , or so much as in appearance of overawing the parliament : and i looked on it as an heavy charge on some that perswaded the scots , or the northern army , to look as if they would have moved towards the city and parliament against its will. nor can we forget , it was so late , that the house voted it treason to act by command of parliament , under a visible force . but how shall wee know or discern this visible force ? they may be free under that which i may think a force , and therefore i must believe them to be free , unless they declare themselves to be forced . for by judging what is the priviledg of parliament , i may certainly break their priviledg ; while i inveigh against others for so doing , and by this incur the danger of those that judg before the time , or out of place ; for i suppose i see of the commons seized and secured ; i cannot judg it a breach of priviledg , because i know not but it might be done by the command , order , or consent of parliament ; till it declare the contrary : or if not by order of parliament , yet it may be by some officer , virtute officii ; or if by private man , yet upon some emergent necessity , or such reason , that i or others may not judg , much less condemn but in parliament . for it may be possible perhaps ( but i hope not probable ) that some parliament-men may design or consent to such a dangerous treason or felony , that it may be the duty of officers or others to detain or secure them , till the cause be heard in parliament : and resistance of any that detain upon suspicion of treason , hath been adjudged ground enough to justifie detention and securing , till there be a legal acquitting . and that species of treason , which is against the kingdom , or the kingdoms army , may so much concern a general , that it cannot be wondered if he should be the accuser or attacher : who is the kingdoms sheriff , and intrusted with the posse regni ; which he ought to manage for the best advantage of the kingdom : prout & melius visum est , in honorem coronae , & utilitatem regni : as the confessor's laws de heretochiis ; and yet he is no judg of this , but must submit it to the courts of justice ; and in special to the parliament , when ever it concerneth any of that body representative . i say not , that the house should not , or need not demand their members ; and the cause of any such detention ( which still ought to be submitted to the judgment of parliament , ) but i think it may be possible to suppose such a case as cannot soon be heard and adjudged ; and in such case , i do not know it is absolutely necessary for the house to sit still , and to refuse to act at all , till all their members be restored . for by this it might be possible for a few mischievous persons , still to keep the parliament in such a perpetual imployment , or rather idleness ; that they should do nothing but dispute their own priviledg , and breach thereof . whereas it may be such a case , that should make them that be free , to be more active in the publick service , ne quid detrimenti capiat resp. while some cannot , and others will not come to do their duties . yet if any be zealous to spend their time , or rather the kingdoms , in disputing an airie empty species of priviledg ( which themselves may reflect or refract at pleasure , every moment , ) i may not condemn or judg them : but when the sea breaks in , i should fear it a madness in my self , to sit and frown with a spanish gravity , chafing at those that broke down the banks , till the waves come in , and drown me with my friends and country . i do not deny but that by the law and custom of parliament , may be an house of commons as well as . yet to speak freely , i could believe it to be the duty of such to call in their fellow members , especially when the work is great and weighty . and i must confess i should somewhat wonder to see sit alone , about the greatest matters possible , without so much as calling the rest , or sending writs for new elections . the modus of parliament telleth us , that as the king might not absent himself ( but in the case of sickness , and then he must lie in the same city or mannor , ) without consent of parliament ; so also there was great caution against the members absenting themselves ; so that it was expressed in the old writ of election , that they should not depart from parliament without consent of parliament . but i know not whether the crime may be so great in those that desert their trust ; as it may be in those who permit them so to do . but i will suppose the house of commons is both full and free ; which we may , and should ( for ought i know , ) till they declare it otherwise . yet when they are freest , they have limits ; for they be not infinite . nay when they are most free , they are most bound to good orders and to right reason . they which bring them to this at any time ( though by any army of arguments , or any thing else that is reasonable , ) are so far from enslaving them , that indeed they make them free , compleatly free ; and when they are set free , they are the more inexcusable , if they be not rational ; for when men are slaves , they may be the more excused , for acting without or against right reason ; which to man is the natural law of liberty . which is not a power to act quicquid libet , what we list , ( for this may be licentious , and a lust or passion may enslave a man as much as any chain or fetter , ) but quod licet , what is iust and rational ; or as some of the schools express it , by the wills following the dictates of the understanding , or right reason , rather than by a blind irrational indifference , or power to contradict its own acts , or to suspend its own acting ; which is not found in all , no not in the best agents , in their best acts about the chiefest good , most free and yet most necessary : and wherever such indifference , or such suspension is , it is a stain or spot , and may be slavery rather than an ornament or badg of liberty : for it ariseth from some darkness , in not discerning what is best ; or from some inconstancy , or inability to follow it ; which without suspence should be always embraced , and followed by right reason . but what is this reason ? is it only discourse , as the schools use to express it ? who yet find somewhat higher in man , even a kind of intuition , which the old philosopher did make the highest sphear of all in man's soul , concentrical to good , when both reason and fancy were excentrical . but to me the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ( which we translate reason ) seemeth to be the first used of proportion in the mathematicks ( mother of all analogy , and of most learning to the ancients : ) so that those were called rational agents which acted in proportion . so the same old philosopher ( that saith , god ever acteth in geometrical proportion , ) placeth reason in a mean , between two ends or objects : and the master maketh reason to be mistress , both to art and prudence , ( this is proportion in the moral , that in the natural part of actions ; ) and describeth virtue by a mean proportion , which he calleth reason ; as a wise man would define it . as the sacred writer of the number of a man ; that is perhaps rational , a logarithm , or a piece of true algebra , which we may translate mans numbring : for of all visible creatures , man only was found to use numbers and proportion . but what is this proportion , which denominates an agent to be rational ? is it between the actor and the object ? and do rationals only observe a difference of objects ; whereas natural agents go on alike to all , eodem modo ad extremum posse ? but rationals still do , or still should act in proportion suitable to themselves , and to their objects also : which is two or three times observed by the prophet esay , in describing reason , in that of ploughing and threshing , and of punishing , with that of the rough east-wind : chap. , . but there is a more inward proportion yet to be found in rational agents , when their activity is proportional to their being , and to their knowing : and when ever these three are preserved equal or proportional , there is true liberty . so it seemeth to be in god , ( may be so darkly shadow out the blessed trinity ; ) his being , knowing , and activity are infinite ( and therfore proportional to each other ) and absolutely free , altho necessary . by his knowing , he freely comprehendeth ; and by his acting , freely diffuseth his own being : so that all the creatures seem as several rayes , or ideas ( rightly called species , ) acted , that is , diffused through infinite knowledg ; from , or rather within infinite being ; which the iews call the place , in which we live , and move , and have our being . creation was of somewhat not appearing before ; so both reason and the scripture teach : but how it was , or could be , from meer nothing , would be more considered : and it may be the hebrew word may signify to cleer , manifest , or reveal , somewhat hidden before ; rather than to make of nothing something ( de novo , ) which may seem impossible , if there ever was being infinite , ( as much real entity , as there could be , ) altho not so visible in all its moods , as it was since the revelation , which we call creation . all the creatures have some image of the creator's being and activity ; it may be also some kind of knowing suitable to both : for which there is much to be said , and perhaps more then is yet written by any de sensu rerum : where we might also find causes of antipathies , and such as are now called occult qualities . and wherever activity , ( for this is most to sence , and by this we used to measure freedom , tho it should it be in knowing as much as in doing , ) is preserved equal , or proportional to being , there and there only , seemeth to be true liberty : which may most appear in the actings of those beings which are most knowing . shew me then the sphear of man's being , and you may quickly find the measure of his freedom : his being is by all agreed to be rational , and reason therefore is the proper measure of his liberty . for he is then free , when his activity is preserved equal or proportional to his being ; this is rational , and so must that : and man is then , and then only free , when he can act what he should act , according to right reason . this is the law of his nature , which is rational ; and reason is his royal collar of s. s. s. or a chain of pretious pearls , which nature hath put about his neck and arms , as a badg of honour , and most happy freedom . this digression would be scarce excusable , but that our law doth so adore right reason ; that is a maxim , what is contrary to reason , is contrary to law. knights service ( with ward and marriage ) draweth relief : but reasonable by common law , before the charter , and the statutes do ascertain aydes , which were before to be reasonable . guardian in chivalry need not account : but guardian in socage , prochein amy , or tutor aliene , be liable to a reasonable account : for the old writ requires compotum rationabilem . but an action of account will not lye against an executor , to such in socage ; ( tho this hath been pressed in parliament , ) because it was not reasonable ; but in case of the king , it was so adjudged . tenant at will , ejected by his lord , shall by common law have reasonable time to remove his family and goods , with free egress and regress , during the said fine reasonable . tenant by copy , with fine uncertain ; is not wholly at his lord's pleasure : for by common law , he must only make a fine reasonable . housboot , hedgboot , ploughboot , all estovers ( both for tenants and prisoners ) must be reasonable , and so must all partitions between parceners , and upon elegit , &c. which are therefore not left to the sole pleasure of a sheriff , or of any other , but in a sworn enquest , as we may find in the writ de rationabili partitione . in divers mannors , there be many petty . customs which can hardly be brought into publick view : but for those , and for all , the law hath a short text , que nest pas encountre reason , poit bion estre admitte & allowe : and the great commentator addeth , lex est summa ratio . if you ask him who must determin of reason , or what is reasonable ; his answer would be , that if any man find himself aggrieved by his lord , or his fellow tenants , the law supposeth the iudges breast to be a sufficient closet ; or , if you will , a castle for right reason . i remember one case , ( and there may be divers , ) in which the law leaveth private men , ( even in their own causes , ) to be iudges of reason , or what is reasonable : it is a case of escuage . the great charter dispenseth with personal service , ( in some cases , ) where it is not reasonable a man should serve in person : and the reason of this runneth so through all escuage ; that if any man will send another in his room , the law dispenseth with it , supposing he seth reason not to attend in person : nor may he by law be compelled in such case against his own reason . most , if not all other cases in that tenure , are by common law left to the immediate reason of the parliament , which may be worth a little pause ; as that which may somewhat clear the grand question of the militia . it is true that by the common law , and by the laws of the confessor , cited by some , to assert the commission of array ; men ought indeed to have arms , and them to keep in readiness for defence of the king and kingdom . but it is also true that this , besides other passages , is strangely cited and applyed for defence of that commission of array . for altho the close of the sentence be as they say , iuxta praeceptum domini regis , &c. yet the same sentence ( had they cited it whole , ) seemeth to be much more against the array , than for it . for the arms required there , must be assessed by common consent : and that also limited in that very sentence , to the proportion of ever man's estate , and fee for the defence of the king and kingdom ; and for the service due to the lords , iuxta praeceptum domini regis ; and these words in this place do refer to the immediate precedent words , servitium dominorum ; which by the custom of the kingdom was so limited , that in all homage or fealty , there used to be added this salvo ; salve lay foy que jeo doi , à seignior le roy. and lest king edward's laws should not be plain enough secundùm quod eis statutum est , & adjudicatum , & quod debent : king william the first , by advice of his great council explained them thus ; that nothing should be exacted or taken , but liberum servitium ; free service . prout statutum est , per commune concilium totius regni ; as it was established by the common council of the whole kingdom : which is also a clear proof , for such a common council in his time , and before . in the same laws , this william ( whom some call the conquerour ) granteth that cities , burroughs , castles , hundreds , and wapentakes , should be so kept and watched , as the sheriffs , aldermen , &c. should best order for the good of the kingdom , per commune concilium ; by such common council : and a little after giveth this reason , because they were founded for publick defence of the kingdom and people thereof , idcirco observari debent , cum omni libertate , integritate , & ratione ; a very happy trinity . and for service , with such arms as were by common council assessed : the same king ( called the conqueror ) hath indeed such a law , that all earls , barons , knights &c. should have and keep themselves in arms and horses , as it became and behoved them : so much of this law , the king's declaration cited for the commission of array . but the following words of that law quite dash such array ; for the close of all is , according to what they ought to us , by their fees and tenure , to do by law ; & sicut eis statuimus per commune concilium totius regni : even by parliament , for the common council of the whole kingdom . these laws of king william , with the additions and emendations of the confessor's , were afterwards confirmed by king henry the st . as appeareth by his charter ; not only in the exchequer , but in other places also ; besides that we have in matthew paris ; a copy of which was kept in every county . and the same charter was again confirmed by king iohn , ( they know it may be proved ; ) and again by king henry the d. and so it came into the great charter , and by consequence confirmed , in more than thirty parliaments . in which also there hath often been , most especial care of this touching the militia , being one of the main causes of those statutes , entituled confirmationes chartarum , and of those de tallagio non concedendo ; except by common consent in parliament : besides many later statutes , in king edward the d. and henry the th . with other times . i deny not that in henry the th . there did issue out a commission of array . but it is as true , that in the last parliament of the same king henry the th . it was again declared as the undoubted right of this kingdom , not to be charged with ought , for defence of the realm , or safeguard of the seas , but by their own will and consent in parliament . by which we may learn how to interpret all the precedents acted by the king , for his array : and by how much the more is it true , that some commissioners of array have been confirmed by parliament ? which is always needful to confirm any such array : which yet is not proved ever to be paralelld in any parliament , for ought i can find . for in all yet seen , there is no such boundless authority , given to two or three strangers , ( or others , ) to compel all men but themselves , to provide and bear arms , how , and when , and where it shall seem good to such commissioners : which at once seemeth to dissolve all laws of liberty . which by the mirrour with other old lawyers , is chiefly placed in this ; not to be tyed to any man , but by ones own consent . in explaining of which they are large , in shewing how the tenures of the crown were appointed for defence of the kingdom : and none tyed to service , but according to this tenure ; which was assessed by common consent . and if such commissions of array , might be legal from the king ; escuage is so far from the worst or hardest tenure , ( as it was commonly thought , ) that it would prove the best , and easiest in all the kingdom . for if the escuage be uncertain by tenure : none that hath read so much as littleton , can be ignorant , that by the commom law and custom of the kingdom ; it is not to be assessed by the king , or any other , but by common assent in parliament : which hath now done much to settle this also . and if certain , then is the king as really limited as the tenant . so that the king cannot command or require his tenant , but according to his tenure expressed . not when he will : for it must only be in time of war , and this is not to be determined by the king , but by the courts of iustice. when they are open , as appeareth by all the law-books , in the case of roger mortimer , thomas earl of lancaster , and divers others . nor in all times of war , but only in a voyage royal ; to which escuage is most properly tyed : and this must not be determined by the king ( who may be a child , sick , incomposed , ) nor by his marshal , or constable , but by the courts of justice . nor in a voyage royal , as long as the king may please : but according to the tenure ; usually forty days for each knights fee ; and it hath been demurred in law , when those forty days should begin . they are littleton's own words , and very pregnant ; as if he thought that by law , the king could have no host , or muster , but by consent of the commons : and he was as like to know our laws , as most men living now . nor is the tenant to serve , but according to his tenure in gascoyn , wales , ireland , scotland , to which escuage proper , ( but rather from the scute or shield ; ) and the books have divers cases , where the king hath required service , denyed by limits in tenures ; which the courts of iustice , especially parliament , in all ages did determine . nor is the king to determine how the knights shall serve him ; whether in person or not . for this is by law , at the tenants choice . and if the knight or his proxy , will not attend , or stay out his time : yet cannot the king proceed against him , but in a court of iustice , and not by marshal law : yet the marshal's certificate is a legal evidence , that the tenants did not appear in service ; but his reasons must be heard with all just pleas. nor with what arms or horses , the tenants may serve : all is expresly limited ; if the tenure be certain : and if not certain , it must ( as all lawyers know , ) be assessed by parliament ; which did also at first establish that , which now is certain . nor would it be difficult for a mean historian to shew how in all ages , the militia was as well disposed and managed , as it was moulded by common consent , which is very considerable ; and the rather , because all that wrot for the array , did most , or only run out in this ; that the king had the sole disposal of the militia : not attending , that if this had been proved , ( which never was that i know ) yet this was only but half , and it may be the least half of the question . for by that strange commission of array , the king did not only challenge the right of disposal , of the legal militia , already setled ; but also of moulding and making a new militia , not yet made or ever thought of , that i could learn by any of our ancestors . if i were forced to enter the lists , which i would avoid , as a purgatory ; ( being otherwise , i say not better imployed , than in such unprofitable wranglings , ) i should believe it not very difficult , much less impossible to maintain ; that both the moulding and manage , ( the make and the use ) of the kingdoms militia , was ever immediately subject to the command of the courts of iustice ( especially the parliaments , ) which may in a large sense of law , be called the crown , or king's politick capacity ; but never i think to the king's person alone , which in law is still an infant , as the mirrour expresly calls him , though his common capacity be ever of age . be the person a child , an infant , lunatick , incompos mentis , or a woman , which sure our ancestors could not but deem a most unlikely person for a wise and valiant general . if i were compelled to argue this , it should not be only from right reason , or the law of nature , which yet to me , seemeth much to encline this way . the feet are to bear , and the hands to help , to hold , to bind , and rub the head , ( in any distemper or weakness , ) but if i should hear of any man born with his heels in his neck , or his hands tyed to his head , or immediately under his chin , i should think it a monster . and wherever both hands and feet , are at their due distance from the head , with divers nerves and other vessels , bones and other parts between them : yet i never heard or knew that they did obey the head , till it did command itself , and them also by reason ; or till it also doth obey , not only its own eyes and ears , but the common sense and reason of the soul. i must confess i have heard that ticho-brah , did sometimes imagine that he found mars below , or under the sun. but if it were really so , it seems as great a prodigy in nature as the new star , and that of mars , rather than a new star in cassiopeia , might presage those sad commotions which have since followed in many places of europe , while mars hath been so much below or under the sun. for by nature mars was said , and ever thought to be placed immediately under iupiter , the great judg , or court of iustice ; which should command the sword. and so it doth by law. for in england the iudgments given in any court of record do so command the militia for execution ; for a writ runs of course , which was made by common consent , and cannot be denyed . release to all actions , will not hold against execution , except all suits were also released : but this is such a suit as the law calls a demand , which may not be denyed . and for other cases of routs , riots , unlawful assemblies , invasions , &c. the posse comitatus , and by consequence the posse regni , was disposed and commanded by known , sworn officers ; that acted virtute officii , by the law and custom of the kingdom . for it may be known that the old iustices , or conservators of the peace , were chosen by the counties ; as appeareth by writs , yet to be read from the rolls of edward the first . and now their commission and their power dependeth on parliament . nor could the chancery have given such a power , had it not been so established by parliament , which hath also strictly provided for their legal nomination and election . for which the statutes of richard the second , henry the fifth , henry the sixth ; and before them all , edward the third thought it were not printed . and it is very well known , how by the common-law and custom of the kingdom , all the sheriffs do command the posse regni in their several counties : and that not onely execution of writs , which may be thought to be matters of peace ; but the lawyers know , that sheriff is custos legis and reipublicae , as well as of peace ; of which he is the principal conservator in his shire and county . nor may it be presumption to say , that all these sheriffs also ought to be , and so were , chosen by the people , as is sufficiently found in hoveden , and in the laws of the confessor . and in full parliament of edward the first , it was declared to be the law and custom of the kingdom ; and therefore so setled in the choice of the people . there was in latter times some alteration made in choice of sheriffs ; but it was by parliament . however , we all know , that headboroughs , constables , ( greater men than themselves know ) coroners , and divers others , are yet still chosen in the counties ; and do act by custom and common-law . and the sheriff also , however he be chosen , yet he stands not by commission ; nor ought to fall with kings death : but is a standing officer , by common-law . who may command all lords , knights , gentlemen , and others in his county , by his writ of assistance . which issueth of course to every sheriff . i need not say , how little the kings personal command or warrant , can by law interrupt or hinder the process of sheriffs , iustices , constables , or others , in their legal course for the publick peace . yea , insomuch that if i should have beaten a drum , or raised forces to rescue king henry the eighth from the compter , for abusing a petty watch in a night-walk ; i might have been arraigned for it . and so i might have been , for refusing to fire the beacons , or to have raised the counties , if i had seen a navie of french or turks landing in king iohn's time : although the king had come to me and bid me quiet , because they were friends , or such as he invited in for the good of his kingdom . which from his own mouth , or under his hand , would have been no legal supersedeas to a private man , in case of such danger ; much less to a sheriff , or other sworn officer . for in such cases of apparent danger , any man that is next , may esteem himself an officer ; as , in quenching great fires , or damming out the sea. and in such , though the king himself should forbid me , or get me indicted ; i may demur , and put my self on the judges of law ; especially parliament , the most proper judges in such causes . and to lawyers i need not cite records or precedents . nor shall i need to adde , that in case of foreign invasion , or intestine motions , and breaches of publick peace , the common known laws of the land will warrant a sheriff , officer , or private man , to go over a pale , an hedge , a ditch , or other bound of a shire or county . in which our ancestors were not so ceremonious or superstitious , in case of hot pursuit , or the like : although they were punctual enough in keeping of land-marks : and in peace , in cases of real actions , and personal trials . they were very tender of those marks , in special , that bounded out shires or counties . the original of shires and sheriffs , is generally fixed upon king alfred . but the old abbot of crowland ( whence this arose ) seemeth to speak of new names , rather than things : for himself hath provincias , comites , vice domini ( though not vice comites ) of ages before king alfred . and the monk of malmsbury durst not follow ingulph in this of shires , as he doth in hundreds ; which yet ( as wapentakes ) were elder much , if we may credit tacitus . old ethelward , and the author of both the offa's ; with huntingdon , among historians ; and the lawyers old horn-book , the mirrour ; do find or make counties and counts , before king alfred . and we may go higher much , if we may trust to alfreds saxon bede , now printed , with an old saxon chronologie , by mr. wheelock . in both which we read so much of eorl , eolderman , shire-alderman , and bishops-shire ( besides shire-born ) that is , his parish : for this was the old diocess , before the novel division of parishes . and before alfred , as high as king ina. his laws , now extant , tell us of shire-men that were iudges also , ( as the old 〈…〉 nts and shireeves ) and of ealdermen that were to forfeit their shires , if they let thieves escape . i might adde the old writs of assize in st. edmund's time ; on which the great judge buildeth ( in two or three books of reports ) for sheriffs , tryal by twelve , and other things ; which might have other clearer proofs . if any would also assert such division among the old britains , he might have much from nature , in rivers or such partitions , to most of our shires ; besides the names in cesar , tacitus , strabo , ptolomy ; and besides that , which virgil himself will admit of , molmutius laws ; assigning the ways and plows for every county , which is in others ; besides monmouth or virunnius : for polydore addeth in this : which is to be marked ; besides st. edward's laws . this disgression may be the more tolerable , as that which maketh way to such elections ; as we might assert in the parliaments of those times also , were this the proper place . but to return to the militia . we have found it moulded by common consent ; and by it also committed to shireeves and other officers , known , sworn , and chosen by the people . we shall now step a little higher , that we may see how in elder times the great work of war , as well as peace , was managed . and this also we shall find entrusted to a common council . i do not deny , but the king himself hath sometimes been general of a great army ; and that legally also : for it was by consent of the people or parliament . so it was when the romans came into this island , cassibelan was king and chief commander in war : but it was by consent of a great common council ; as caesar himself observeth and reporteth : summa belli communi coneilio , cassibelano traditur . nor can it be wondered at , when their druyds grand maxime of state was this : ne loqui de republica , nisi per coneilium . not so much as to speak of a matter of state , but in or by a council . these were they that sent caesar word , they had as good bloud as lie ; and from the same fountain : having been so long acquainted with liberty , that they knew not the meaning of tribute or slavery . the british druyds moulded the gauls : cesar reporteth it , with the brag of one of them , saying , that he could call or appeal to such a great common council , that all the world could not resist it . but there were others also , besides kings , chosen by the britains to be generals ; such as old authors call principes militiae : a phrase given to divers ; two i remember , bolinus and levisham ( as now he might be called ) in the time of kimbolinus : acting by common council , as all may find that read those histories . which we may now assert , by better authors than old monmouth , though he be better also ; much better than polydore or others would perswade us . it was this great council , with the king , that treated with and against the romans in all times ; and that sought their aid at length against the picts and scots . and when the romans could not attend the britains tears , it was this council that called in their neighbours first , and friends the britains from armorica ; ( the gaulish britain ) and that before king arthur's time : of which so many authors write , that convocato clero , and primatibus communi tandem assensu mittuntur in armoricam nuncii , &c. a parliament clear enough ; yet not so clear ; as any man acquainted with those times , might prove beyond dispute . but i now must attend the militia . a parliament it was that called in the saxons ; not the king alone , but parliament , of lords and commons also ; if ( besides the crowd of all in the road ) i be not deceived by the saxon chronologie ; and gildas himself , ( whose very words almost are used by monmouth and others ; ) and by the famous nennius of bangor , who yet liveth in manuscript . he is clear enough for divers things we doubt in british stories : and for parliaments also , before the saxons setling here ; which was by act of parliament . dum conventa magna synodus clericorum & laicorum , in uno consilio & cum majoribus natu consilium fecerunt , & scrutati sunt quid facerent ; tandem concilium omnibus fuit , ut pacem facerent : postea verò conventum adduxerunt , ( here was a covenant also by parliament ) & statutum est , ut amicitia firma adjuvicemesset , &c. thus nennius , after his escape from the massacre at bangor . come we now to the saxons , setled here by parliament . in this they may seem more considerable , that by most they are made the patrons of chivalry , or tenures by knights-service : for it is now believ'd by no lawyer or historian , ( that i know ) that this came in with the normans ; although it was so thought by some . i have somewhat to say in due place , why it might look higher than the saxons ; yet i must yield , it had been but little room among the britains of gavel-kind . of which , the parliament in henry the eighth ; and more hereafter : besides all the comments upon the statute ( or rather the writ ) de militibus . none doubt but tacitus speaketh of our saxon ancestors ( or rather theirs ) in that , in their chosing kings and generals , ( reges ex nobilitate , duces ex virtute ) by common council , in iisdem conciliis , eliguntur & principes , de minoribus principes , de majoribus , omnes consultant . and that such council did both mould and manage the militia , is plain enough in the same author : who besides all matters of history , telleth us their general custom was ; not to entrust any man with bearing arms , antequam civitas suffecturum probaverit , till some common council , more or less , had approved him . for so , i may translate it to all that know , how much vrbs and civitas do differ . the tract of parliaments is visible enough in all the saxon writings here . i should be tedious in citing but one quarter of that which their laws ( yet to be found , and very good authors ) do afford in this . some have much wondred at a passage now found in the confessors laws . it is about titles ; which he saith , were preached by austin , and granted by the king ( then reigning ) and the barons , and common people : concessa sunt à rege , baronibus , & populo . a very full and clear parliament . we need not suspect or doubt it : for in those very times there were such parliaments , and such degrees . nay , caesar himself found such degrees among the britains ; a king and druyds , ( which were as bishops and archbishops , as we may clear anon ) dukes and nobles , besides the commons : so civil was our british ancestors . of whom , much more ere long . and for the very first times of christian religion ( which was much higher than austin the father , who might have been great grandfather to austin the monk ) king alfred's own laws acknowledge , that in this island the laws were then made by a common council of bishops and other wise men , or elder men of the wytan . old bede seemeth plain enough for this , in several places ; servabant reges , sacerdotes , privati ( were the commons before the lords ? ) & optimates , suum quique ordinem . and of the saxons , called in by common council , initum est concilium , quid agendum , &c. placuitque omnibus , cum suo rege vortigorno , ut saxonum gentem in auxilium vocarent . and of ethelbert ( king of all the south to the river humber ; ) among other good works ( saith he ) quae consulendo conferebat , etiam decreta iudiciorum juxta exempla romanorum , concilio sapientiunt constituit . and among other laws of his ( in the same bede ) that is one , in special , for priviledge , ecclesiae , episcopi , & reliquorum ordinum . that this might also extend to the great priviledge of parliaments , i could the rather believe , from the laws of the said king ethelbert , yet to be found in the old book of rochester ( textus roffensis ) of which , sir henry spelman ; unto whom we owe so much for all antiquities . where , after provision for the things of god and the church , ( to which st. edward's laws allude ) the next act is for priviledge of parliament , it seems ; being for the punishing and sore fining of those that should do any damage , gif kyning his leode to him gehateth , &c. and in the old chronicle of canterbury , we read of this king ethelbert being at canterbury with his queen and son , and the archbishop austin ; caeterisque optimatibus , convocato ibidem communi concilio tam cleri , quàm populi : with divers other proofs for parliaments in charters to that church , in print . and spot deserves as much . one thing i must not omit , that bede ( observing how religion was preached both to the king and to the counts , omnibus comitibus ) saith , there was a license granted for publick preaching ; but when the king and divers great men were converted and baptized , yet there was no force used to compel others to be of that religion : because ( he saith ) they were taught , that christs service must be voluntary , and not forced . but the mirrour telleth us , the king was bound to compel men to salvation . o happy men ! or unhappy king ! but the britains would not be forced from their rites by austin the monk , absque suae gentis , & imprimis senatorum suffragio : as a learned man translates king alfred's saxon bede . which is also very clear in several places , for setling of christian religion , ( when it was freely chosen ) with destruction of pagan idolatry : with lent , and other things , confirmed by divers acts of parliament in time of ercombert and king edwin ; mid his witum , & mid his ealdormanum . so is the old book of peterburgh , for a parliament or heatfield . with which we may compare somewhat in ingulph , and more in bede , ethelward , and huntingdon , about the parliaments which received and consirmed the general councils ; and that which established the division of parishes , and patronage of churches . of which , stow , and the antiquities of canterbury ; but especially a manuscript in camdridge , cited by mr. wheelock on the fourth or fifth of bede . i should not digress to sigesberts founding the vniversity of cambridge , had not king alfred himself in this , added good notes to bede . by which we may see whence he learned what so many say he did to oxford , the younger sister : for which polydore is plain enough ; besides so many better elder authors . it is also considerable , that king alfred calleth cambridge ( or grantacestre ) a city ; which bede would make a civitatula . how little it might then be made by the danes or others , i know not : but in old nennius of the british cities , i find cair granth next before cair londen . and sir simon d' ewes affirmeth it to be ranked before london , in gildas albarius , and an old saxon anonymus ; besides that of the old ( but not the oldest ) book of doomsday . nor must i omit the records of richard the first , for the customs of the city of cambridge , found by a jury in an assize of darrein presentment for the church of st. peters in cambridge . of which , the great judge in his reports or commentaries to which i might adde what the saxon chronology speaketh of grante briege , at the year , and ; where we also find an ancient military sacrament , or great oath of fealty : more to be marked , than may seem at first view . come we to the saxon laws , extant in print . they begin with king ina ; whom some will have to be a britain . but in the confessors acts , he is stiled optimus rex anglorum , qui electus fuit in regem per angelum , & qui primum obtinuit monarchum totius regni hujus , post adventum angliorum : and that himself and others of his people , matched with the britains . but per communae concilium & assensum omnium episcoporum , & principum , comitum , & omnium sapientum , seniorum & populorum totius regni . not onely a clear proof for parliaments in king ina's time , but a good comment on his laws in print : providing about matches , dowries , and women's thirds ; and all by parliament : as the proem it self expresses : beside king edward's laws . and for the saxon militia , ( a phrase used by bede himself ; nam egressi contra gevissorum gentem , omnes pariter cum suà militia corruerunt : ) king ina's laws afford us divers acts of parliament , providing against thieves , riots , routs , and all unlawful assemblies , in several degrees and branches : as also for officers of the militia ( to be ready on a great fine ) to march upon all just occasions . with which we may compare mr. lambert's custos paganus , sithecundman : which some would have to be the father to our side-men . see whithred's military dooms . egbert is by all esteemed a great , if not the first monarch of the saxons ; a great warriour ; and a conquerour : but yet he neither made or managed the militia , without a great common council or parliament . for which , besides all others , we have a clear proof in the old abbot of croyland ; to which there was a great charter confirmed , coram pontificibus , & proceribus , majoribus totius angliae : which were all together at london , consulting how to provide against the danish pirates : pro concilio capiendo , contra danicos piratas , &c. that also majores in this place , might denote some lower than earls or lords , may not onely be gathered from the subscriptions to that charter , but from bede , or other old authors that use the phrase majores , of such officers or magistrates as mayors in cities now seem to be . of which , i might give divers examples . it is worth observing , how in these danish storms , all historians make the counts , or great shireeves , to be generals or commanders of the militia . and of these , i know none more famous than dorsetshire reeve ethelhem , in the great battel of hampton , or in that about port ( of which so many write ) at the danes first landing thereabouts . danigeld is scarce so ancient : yet this also was granted for provision against danish pirates ; as st. edward's laws affirm . who first remitted this tax ( but it came up again ) about forty years after it had been diverted from its first institution ; and paid as tribute to the danes . but this was also by parliament . of which , ingulph and hoveden , with all about etheldred and edward . i must not digress to the parliament of winchester , ( in king egbert's sons ) in which tenths of lands ( as other tythes ) were confirmed for church-glebe . of which the saxon chronologie , with ethelward , hoveden , the abbot of croyland , the monk of malmsbury , and matthew of westminster , with divers others , before polydore . to which we may adde king edgar's oration to st. dunstan ; which is known enough . as also the wednesday masses , one for the king , and the other pro ducibus , &c. consentientibus : the charter being subscribed by the king , archbishops , dukes , earls , and procerum totius terrae , aliorumque fidelium infinita multitudine . i should not omit the parliaments confirming rome-scot ; much mistaken by divers . it was granted by king ina , then by offa , and again , by king ethelwoolf ; not to the pope , ( as it is generally thought ) but to the english school , or alms-house for pilgrims at rome . yet it was called peter-pence , because fixed on peters-day : a famous day in our law , as may appear by the second of westminster , and other parliaments . but it might be called peter-pence from king ina , whom ( at his baptism in rome ) the pope name peter ; as the saxon chronicles ; others . or there might be as much reason for peter-pence , as there was for peterburg ( which was medhamsted ; ) but vows might be performed or absolved here , as well as at st. peter's threshold in rome : and hence the name of peterburg . but of peter-pence , before polydore , we read in much older historians ; especially the author of king offa's life , now printed with matthew paris : beside the laws of king edgar , canutus , edmund , and the confessor ; where it is called eleemosynae regis : but in the saxon chronology , 't is kynninges and west seaxena almessan : and in king alfred's life , ( by asser menevensis ) eleemosynae regis , and anglo-saxonum : being confirmed by common assent , or parliament . i must omit the parliament at kingsbury ; where among other divers matters , a great charter was confirmed to crowland : vnanimi consensu totius concilii , pro regni negotiis congregati : subscribed by the king of mercia , archbishops , bishops , earls , &c. and among others , by off●at , who was pincerna regis ethelwoolphi , & legatus ipsius , & filiorum , nomine illorum , & omnium west-saxonum ; as we are told by the old abbot , who knew it well . i might pass over king alfred's parliaments : so the famous in all historians and lawyers . but in none i know clearer , than in the old mirrour . of which , before , for alfred and his parliaments , twice every year in london . with which we may compare one passage in the confessors laws , touching this great and old city . but of this , hereafter . this was the learned king , who perused all the old trojan , grecian , british , molmutian , mercian , danish , and saxon laws ; especially those of ina , offa , and king ethelbert : cum consulto sapientum , partim innovanda curavit , as himself speaketh . and his laws were established by parliaments , by his witan , or witena : atque eis omnibus placuit , edici eorum observatione ; as learned lambert translateth the saxon. but i may not omit king alfred's doomsday-book , made by such common council , the great roll of winchester ; which was again renewed by the confessor , and then again by king william the first ; and then also called the roll of winchester , and doomsday , as before . of which , old ingulph , with natura brevium . yet it seemeth , that before king alfred's time , there was such a doom-book made by ethelwoolf ( at the time of the church-glebe ; ) of which book , the saxon chronology , at the year . but this might rather be a land-book ( whence the phrase of booeland . ) see king alfred's will , annexed to asser. but we also find an ancient doom-book for their laws and matters iudicial . of which doom-book we read in several places of the laws of edward the senior ; strictly charging all the judges and magistrates to be just and equitable : nec quicquam formident , quin jus communae audacter , libereque dicant : according to the doom-book . and again , in edgar's laws , we find the doom-book for tythes , and the famous kyricseat . these succeeded king alfred . but long before his time , among the dooms of withred , made about the year . by the king and bishops , cum caeteris ordinibus , and military-men ( or milites ) at berghamsted ; a fine is set upon a commander found in adultery , spretta sententia regis , episcopi , & boec●-doom . i could believe king ethelbert's parliaments were authors to this doom-book . of which , the roll of rochester , tha doomas dhe athelbirth cyning ; with rihtra dooma ( in the fore-cited place of ethelbert ) in the saxon bede of king alfred . how severe his dooms were to the counts , old shireeves and iudges , we find in asser : more in horn , and his kirk-dooms in his laws ; which do also speak of kiric-ealdor , a church-elder . but again to the saxon militia . in alfred's time there was a league made with the danes : then the title was , foedus quod aluredus & guthrunus regis ferierunt , ex sapientum anglorum consulto ▪ confirmed by act of parliament . and the saxon chronologer addeth , that the dane swore to the peace , and promised to be baptized ; as he also was , and king alfred was his godfather , naming him ethelstane . some adde , a daughter of king alfred's for his wife : which may be worth enquiring , more than now may seem . the articles of this league were again renewed and enlarged by parliament , in edward the elder : a sapientibus recitata sapius , atque ad communem regni vtilitatem , aucta atque amplificata . in the preface to those statutes . in this edward's reign , there was an insurrection ; and ethelwald seized on winborn , &c. whose charge and crimes was this : that he did such an act , without permission of the king and parliament ; but an tdes kynings , leafe ac his witena . so the saxon. and malmsbury addeth , that à proceribus in exilium trusus , piratus adduxerat . but the king summons a parliament at exon ; and there , mid his witan , consulted how the kingdoms peace might be restored and preserved : orabat vehementer , & obtestabatur , ( such was his mean to the parliament ) hoc unum curent , ne quem injurià afficiant : beseeching them mainly to mind this , that they wronged none . a most pious christian motion ! and our monthly county-courts are as old as this parliament at exon. the acts are printed . but i must not digress to their ordeals , appointed there for perjury . in this kings reign the pope sent his bull to excommunicate the king and all his subjects : for that , per annos destituta fuerat episcopis , omnis regio gavisorum , id est , west-saxonum . whereupon the king summoned a parliament ; convocavit synodum senatorum gentis anglorum : as saith the monk of malmsbury . et eligerunt & constituerunt singulos episcopos , singulis provinciis gavisorum : ( for the bishops shire used to be equal to the earls , or the ealdormens shire , with whom he sate in folkmoote . ) et quod olim duo habuerunt , in quinque diviserunt . king ethelstane came next . he was the first of all the english kings that ruled over all the island , conquering wales , and regaining scotland : which being subject to england , as a dukedom thereof , was advanced to a politick and royal kingdom : as the learned fortescue doth plainly affirm . and for this , against all that buchanan writeth , i need onely refer to the authors and records cited by the great master of antiquities , with other learning , mr. selden , in his short but pithy notes on it , with hengham : to which we may adde somewhat in polydore , and the saxon chronology , from the year ; but especially from oswald's laws , and others of the famous edgar , vouching ethelstane for scotland . of which we read in many places , beside the fourth part of the great reports . but that victorious monarch suffered the scot to reign under him , saying , that it was more glorious to make a king , than to be a king. a pious prince , to whom we owe for translating the bible from hebrew ; which some think he did by some converted jews . among his laws , now extant , we find divers enacted in celebri gratanleano concilio ; where there were archiep. optimates , & sapientes , ab ethelstano vocati frequentissimi . and again at exon , we find him mid his wytan ; and their wergylds for the king , archbishop , eorles , bishops , ealdermen , and other degrees , may suffice to prove them to be acts of parliament . with those several degrees there mentioned , we may compare the laws of king edgar and canute in divers places , one of the ranks of their nobility , as a general or great commander in wars ; which may be observed for the militia . edmund succeeded ; and at london holds a parliament of clergy and laity ; ( ge godcundra , ge worulcundra : ) and again , mid witena getheahte gegodra hada gelewedra . and to the parliament he giveth solemn thanks for their aid in setling the kingdoms peace . his laws are printed . and we omit his charter to the church of glastonbury , which was made , cum concilio & consensu optimatum , as we read in malmsbury . but i must not omit that parliament of his , recorded in the mirrour ; where we find a kind of appeal , or a legal accusation of treason brought by roceline against walligrat , in full parliament , in the time of king edmund . in king edred's reign there was a parliament solemnly summoned by writ , as we read at large in the abbot of crowland . to which there was then a great charter confirmed , being drawn or dictated by turketulus , then abbot , but he had been lord chancellor . and the date is , in festo nat ' b. mariae , cum vniversi magnates regni , per regis edictum summoniti ; tam archiepiscopi , & episcopi , ac abbates , quam caeteri totius regni proceres , & optimates , londoniis convenissent ; ad tractandum de negotiis publicis totius regni , in communi concilio . edgar was a great monarch , and as great a conqueror by sea , as ethelstane by land : it might be easier to shew his four seas , of which so many speak , than to set their exact bounds . yet it may not be unworthy of our thoughts , to consider , how our ancestors did often divide the office of their admirals , usually as nature hath parted our seas ; as thinking it indeed too great an honour and a burthen , for a subject to be admiral of all the seas of such an island . but the late cardinal of france did wisely ( it was thought ) dispose , or rather retain , that office , as the best jewel of that kingdom ; which yet by sea might yield to this . but i must not digress , nor can i determine the bounds of edgar's conquest , to the north ( they say , to norway ) or the west . of which , some speak , as if they would but give us hints for farther search and queries . i dare not affirm , that in those days our saxon or british ancestors did know america . but if we may credit any records besides the scriptures , i believe or know it might be said and proved well , that this new world was known , and partly inhabited by britains or by saxons from this island , three or four hundred years before the spaniards coming thither . nay , the more i consider the discourses which did pass between the spaniards and the mexicans , the more i could believe the king himself of mexico might possibly descend from those that went from hence to florida , or rather mexico : so that we need not wonder at the british words , or beads , the crucifix , or other reliques , which the spaniards found at their arrival . and for this , besides so many other authors , we have much among the british annals . those in special left by caradoc of lancarvan , or from him , continued by the beirdhs of conwey and stratford ; gathered and translated by the learned llhoyd . to which we may adde what doctor powell hath of this out of records , and best approved british authors , in the life of owen gwyned , or david , and madoe , his sons , about the reign of king stephen . to which , at least for that which concerneth hanno , or the old navigations ( with plato's atlantis , or what else appeareth in aristotle , theophrastus , virgil , seneca , with others ) it may not be amiss to compare two late and very learned french authors of peleg , and orbis maritimus ; very worthy ( i think ) of good perusal . but to return to edgar's parliaments : how that great council did often dispose the king himself , we must discourse in a fitter place . we shall now but observe , that good historians tell us , that king edgar , by the council of the kingdom , did repeal the acts of edwin , both his brother and predecessor , convocato ad brandanfordeam regni concilio , fratris edwini acta & decreta rescindit . and the famous oswald's law was signed by this king , cum consensu , concilio , & astipulatione , archiepiscoporum , principium , & magnatum . it is printed , and found in ancient authors . king edgar's charter to glastonbury ( reciting the acts of so many kings before him ) was confirmed , generali assensu pontificum , abbatum , & optimatum : if we may believe the old monk. and the charter is to be read at large : archiepiscopis adhortantibus , consentiente etiam & annuente brithelmo fontanensi episcopo , caeterisque episcopis , abbatibus , & primatibus . and the close is , acta haec , & confirmata , apud londonium , communi concilio , omnium primatum meorum , &c. i should be unjust to our laws , if i should omit the process and plea of morgan hen , against howell dha , the good prince of wales . upon complaint , they were both summoned by king edgar , ad curiam suam ; and their pleas were pacately heard , in pleno concilio , & repertum est , justo iudicio curiae regis , quod howell dha nequiter egisset extra morgan hen , & filium sui huwen , & depulsus est howell dha ab his duabus terris ( the lands then in question ) sine recuperatione ; & postea rex edgarus dedit & concessit , hueno morgan hen , illas duas terras , ( istradum & euwias ) in episcopatu landas constituas , sicuti suam propriam hereditatem , & illas easdem duas terras sibi & heredibus suis ; per chartam suam sine calumpnia alicujus terreni hominis confirmavit , communi nostro assensu , & testimonio omnium archiepiscoporum , episcop . abbatum , comitum , & baronum totius angliae & walliae ; factum est coram rege edgaro , in pleno concilio , &c. this record of king edgar , is in codicae landavensi , fol. . i find it cited by the great antiquary sir henry spelman : and it may be compared with the monk of malmsbury , and matthew of westminster . i must not relate the visions or predictions of the fates of this kingdom , which historians record about the reign of king edgar ; they are in print , and may be read of all : besides the prophecies of both the merlins ; for the scottish merlin was fuller and plainer than the british in vortigers time : that i say nothing of cadwalladers vision , or alans council ( which was long before the other alane wrote on merlin ) or of the famous eagle of shaftsbury , that agreed with others in the britains recovering their kingdom again , after their grand visit at rome , whence they must bring cadwalladers bones . this leadeth me also to the sybils prophecy of three british princes that should conquer rome . brennus was one ; king arthur some make the second ; et quis fuit alter ? and of these sybils , or one of them , sending a book to king bladud , ( so famous for the bath , and greek-schools , or university at stamford ) the scotish merlin seemeth to have written , if among others i mistake not baleus . but of edgar's parliaments , one was at salisbury ; so we read in chaucer , or the old fructus temporum , by iulian notary at st. albans . and of another of his parliaments at bath ; the saxon chronology , at the year . his laws are now printed ; and their title is , the acts of king edgar and his parliament : mid his witena , getheate gerred , &c. here we find much considerable of thanes ; which all will have to be noble-men : but it must be with them a saxon word . and dhenian is to serve : whence the princes motto , ic dhaen . ( for so it should rather be , than in dutch , ich dien . ) but why should noble-men , or those that were the freest , have their name from serving ? here they flie to knights-service , king-service , or i know not what ; most proper , as they say , to free and noble-men . but from a judge , or fleta , we may be taught , that the saxon dhaen or thaen , is a servant ; but thayn , a free-man . and in this sence it seemeth to be used here . as also in denmark , and ireland . nor did the britains differ much ; whose haene or hane , is an eldar : ( although hyne be sometimes used for a servant . ) and so the irish tane is elder ; whence their tanistry or eldership : ( the cause or sad occasion of such bloudshed . ) these british hanes , the saxons in compliance , called ealdermen : ( st. edward's laws afford so much ) and it may be thanes ; although with them they had the name of greeues or graves , suiting well with elders , hanes , or senators . with which we may compare the phrase of seniores , which we read so oft in gildas , nennius , monmouth , and others of the british and first saxons times in britain . i should be tedious in but glancing over the acts of parliament in edgar's time . that of the standard at winchester is considerable ; and that of one coyn through all the kingdom . the mirrour is plain in making it an act of parliament , in saxon times , that no king of this realm , should change his money , or embase , or enhanse it , or make other but of silver , sans l' assent de tout ses counties . which the translator is bold to turn , without the assent of the lords and all the commons . we may not omit the act against unjust judges , or complaints to the king , except justice could not be had at home . for which also , the hundred-courts were again confirmed , and the grand folkmootes , or sheriffs turnes , established by act of parliament . of which and of their relation to peace and war , more in edward's laws ; which may afford a comment for the saxon militia . i need not speak of the parliament at calna ; it is famous enough ; where , considentibus totius angliae senatoribus , the roof fell down , and hurt them most , but st. dunston . of which , wigornensis , iornalensis , malmsbury , matthew of westminster , and so many others may be cited . king ethelred's laws have this title in lumbard : sapientum concilium quod ethelredus rex , promovendae pacis causa , habuit wodstoci merciae , quae legibus anglorum gubernatur : aefter aengla-lage , post anglis lagam ▪ as an old author turneth it . in those acts , we read of ordale sythan the gemot waes aet bromdune ; post bromdune concilium : it seems a parliament . and again , iussum ac scitum hoc nostrum , si quis neglexerit , aut profuâ quisque virili parte non obierit , ex nostra omnium sententiâ regi dependito . by which it appeareth to be a parliament , and not the king only that made those laws . that which sir henry spelman calleth , concilium ae 〈…〉 e generale ▪ was clearly one of king ethelred's parliaments : and the very title is , de witena ge●ednessan , and tha geraednessa the englaraed witan gee 〈…〉 &c. and divers chapters begin , witena geraednesse is , enacted by parliament . and the old latin copy of this parliament , telleth us , that in it were , vniversi anglorum optimates ethelredi regis edicto , & convocato plebis multitudine collectae regis edicto . a writ of summons to all the lords , and for choice of the commons ▪ a full and clear parliament . in this parliament were divers acts for the militia , both by land and sea ; ( as most parliaments after king edgar : ) and among others , for castles , forts , cities , bridges , and time of the fleets setting out to sea. it is made treason for any to destroy a ship that was provided for the state-service : navem in reipublicae expeditionem designatam : as a learned man translateth the saxon. and no souldier must depart without leave , on forfeit of all his estate . none may oppose the laws , but his head , or a grievous mulct ( according to the offences quality ) must recompence . it was here also enacted , that efferatur consilium quod populo habeatur utilissimum . and again , in rem totius patriae . and that each should do , as he would be done to : which it calleth , the most right law ▪ and that the higher and greater men the delinquents were , by so much the more and heavier they should be punished . of which , and of their wergylds , for all ranks of men . again , iniqua omnia , & injusta , quae rex unâ cum optimatibus , exterminare decreverit , abjiciantur , &c. that about this time , danegeld came to be paid to the danes , ( which was before against them ) is agreed by all . malmsbury is bold to ascribe it to a decree of the archbishop of canterbury ; but huntingdon may be his comment , telling us , that consilio infausti siricii archiepiscopi , edelredi . primum statuerunt angli , quod ipsi censum dacis persolverent . a clear act of parliament . of which also , florence of wygorn . and again , anno . rex & senatus anglorum dubii quid agerent , quid omitterent , communi deliberatione , gravem conventionem cum exercite fecerunt ; & ad pacis observationem l. ei dederunt , &c. this also from huntingdon . and among the saxon laws , we read , foedus quod ethelredus cum exercitu anlavi , &c. ex sapientum suorum consilio feriit . and again , pacis foedus ethelredo regi , & omni populo , leodsayre . and again , socii ac foederati nostri , omnes per mare & terras , in portu , & extra , pace fruuntor . with divers other passages of peace and war , setled by that parliament . iornalensis addeth another parliament in this king's time : apud habam , & constituerunt omnes , ut regi suo pareant , sicut antecessores sui melius fecerunt , & cum eo pariter , defendant regnum , &c. & ut cantetur quotidie pro rege , communiter & omni populo suo . and again , prohibemus omnem roboriam , &c. & omnis index iustus misericordiam & iudicium liberet in omnibus ; timeat omnis iudex , ac diligat iudicem suum , ne in die iudicii mutus fiat , humiliatus , &c. nor may i forget the famous judgment for the bishop of winchester , by the thanes and ealdormen , in the witenagemote ( or parliament ) of eldred : quo dum duces , principes , satrapae , rhetores , & causidici , ex omni parte confluxerant . of which , the old book of ely , cited by mr. selden in his titles of honour . and for the militia , roger hoveden is very clear and full , at the danish irruptions : qua recognità , rex anglorum egelredus ( his names are many ) suorum primatum consilio , & classem , & pedestrem congregavit exercitum . and again , habito concilio cum regni suis primatibus , utile duxit à danis dextras accipere , stipendium dare , & placabile tributum solvere . and again , primatum suorum concilio , nummos ad danos , &c. and again , rex & regni sui primates , ad illos ( danos ) miserunt legatos , pacem ab iis petentes ; stipendium & tributum eis promittentes . so is old florence of worcester : consilio iussuque regis anglorum aethelredi , procerumque suorum , de tota angliae robustiores , lundoniae , congregatae sunt naves . and again , procerum suorum consilio , ad eos ( danos ) legatos misit , promittens tributum & stipendium . and again , omnes angliae primates utriusque ordinis ante pascha lundoniae congregati sunt , & ibi tamdiu morati sunt , quousque tributum danis promissum , quod erat l persolveretur . and again , cum apud oxonefordam magnum haberetur placitum &c. eodem tempore canutus cum magna classe , &c. eadmundus clito magnum congregavit exercitum , &c. so is matthew of westminster ; adding much to those before him , and ascribing that bloudy council of the danish massacre to one huna , princeps militiae , qui sub rege , regni negotia dispondenda susceperat ; cujus consilio , misit litteras rex in omnes regni fines , mandans nationibus singulis & universis , &c. of which , st. edward's laws . but oxoniense placitum , is in florilegus : magnum apud oxoniam colloquium anglorum pariter & danorum . and so the old glossary of canterbury tenders gemot by placitum ; and fologemot , by populi placita . so also , law-mootes , are placita : magnum placitum ; the great folo-mout , or parliament ; as comitatus placita , with matth. paris , county-courts : parva placita , oxford parvises . i must not stay long on the acts of parliament which angles kynnes witena made and established , cum walliae consiliariis de monticolis : where , among other things , we find it enacted , that viri duo denijure consulti , angli sex , wallique totidem , anglis ac wallis jus dicunto . with which we might compare our laws , de medietate linguae , &c. but for our trials by a jury of twelve , we have a much clearer law in another parliament of ethelred ; frequenti apud wanalingum senatu . of which , iornalenfis , and mr. lambards glossary . in singulis centuriis comitia sunto , atque liberae conditionis viri duodeni , aetate superiores , una cum praeposito , sacra tenentes iurante , se adeo virum aliquem innocentem haud damnaturos sontemve absoluturos . an old mss. thus : habeantur placita in singulis wapentakis , ut exeant seniores xii . thani , & praepositus cum eis , & iurent super sanctuarium , quod eis dabitur in manus , quod neminem innocentem velint accusare , vel noxium concelare . but of more ancient tryals by twelve , in fitter place : although i must not spend time to confute the italian , who will have that terrible custom ( as he thought ) brought in by the conqueror . the proofs of parliaments in canutes time , are so many , and so full , that they tire us altogether . how he confirmed the laws of ethelred and other predecessors , we read in the monk of malmsbury , who recordeth also his remarkable letter from rome , directed to the archbishops , bishops , &c. primatibus , & toti genti anglorum , tam nobilibus quam plebeis . as also his charter to glastonbury : cum concilio & decreto archipresulis edelnothi , simulque cunctorum dei sacerdotum , & consensu optimatum . hoveden in full , in this also . cujus ( edmundi ) post mortem , rex canutus omnes episcopos , & duces , necnon & principes cunctosque optimates gentis angliae , lundoniae congregari iussit . a clear summons of parliament . and the very name of parliament , is found of his time , in the old book of edmunds-bury : rex canutus anno regni quinto , &c. cunctos regni sui praelatos , proceresque , ac magnates , ad suum convocans parliamentum . and again , in suo publico parliamento . and that it was indeed a full parliament , we may believe from the persons we find there at the charter of that monastery , confirmed by hardi-canute ; but granted by canute , in suo publico parliamento , praesistentibus personaliter in eodem archiepiscop . episcopis , suffragenis , ducibus , comitibus , abbatibus , cum quam plurimis gregariis militibus , ( knights of shires , it seems ) & cum populi multitudine copiosâ ( other commons also ) omnibus tum in eodem parliamento personaliter existentibus . and the title of these acts is , statutae canuti , regis angl. dan. norw . venerando sapientum ejus concilio , ad laudem & gloriam dei , & sui regalitatem , ( reipub. utilitatem ) & commune commodum , habita in s. nat. d. apud winton , &c. this i find also cited by the great judge in one part of his reports ; but fuller , by sir henry spelman . it would be tedious and superfluous , to cite the authors that assert , he did confirm king edgar's laws in full parliament . for which we might produce some better , or at least much older , than good bale , or grafton . many of his acts of parliament are printed : consultum quod canut . angl. dan. norw . rex sapientum concilio wintoniae sancivit . here allegiance or fealty setled by parliament , and afterwards , praecipimus uniuscujusque ordinis singuli , muneris atque officii sui religionem diligenter , cauteque teneant . and among other encouragements to chastity , this is one , that such chast men of god should enjoy the same rights or priviledges with thanes : ( and ethelstane's laws do equal priests with thanes ) but there are two or three degrees of thanes in these laws about the hereots : for the eorles and thanes , &c. much to be marked , as pertaining to the militia . for which , and for all canutes laws , the old mss. huntingdon , is worth perusal . again , we find other statutes , civil or politick , sapientum adhibito consilio , mid , minan witenan raede , that man heald ofer eall englaland . with provision against thieves , robbers , for the peace , hue and cry , &c. there are statutes also for repair of burgs and bridges : scyrforhinga ; praefidii fiat apparatus terrestis ac maritimus , quoties ejus muneris necessitas reipublicae obvenerit . and presently after , quae ad reipublicae pertinent vtilitatem . among the crown-prerogatives , violata pacis & divitatae militiae mulcta . sheriffs turns , hundreds , and tythings , are here confirmed ; and the twelve-year-old fealty , with views of frank-pledge . but this oath was to the kingdom , rather than to the king : fidem det omni se in posterum aetate , tum furti , tum furti societate & conscientià temperaturum . again , of passing ordeals , sythan tha gemot waes on winceaster ; since the parliament at winchester ( this being at oxford : ) at after , iussum vero ac placitum hoc nostrum , si praepositorum aliquis incuriâ omiserit , aut exequi aspernabitur , ex nostrà omnium sententia , regi s. dependito . a clear parliament . si quis alium injustè , armis spoliavit , eam quae est loco colli obstricti , mulctam dependito healsfange . it is also in the same laws , the punishment of false witnesses . some think it the pillory , some worse ; as the original of that proverbial letany , from hell , and from halefax . see k. hen. laws , and helfang . si quis in militiâ ( perfectione militari ) pacem violaverit , vita , vel weregild mulctator : si quid rapuerit , pro facti ratione , compensato . si quis pensionem ad oppida , pontesve reficiendos denegarit , militiamve subterfugerit , dato is regi s. again , in those statutes , the king must live upon his own feormians ( or farms ; which in saxon , afford all needful for man : ) and none may be compelled to give him any maintenance : that the folk be not burthened . it is the th chapter . loss of dower or joynture to widows marrying within twelve months , might seem hard ; but so long she need not pay any heriot . and the same laws free the wife from her husbands theft , although found with her ; except it be lockt in her hord , chest or tyge , ( dispensae , arctae , & serinii ) of which that law giveth her leave to keep the keys . but ina's laws are hard , concerning children . again , for the militia , he that in sea or land-fight ▪ leaveth his lord or comrague ( & felugo ) must die as a traytor ▪ his boocland to the king , other 〈…〉 estate , to his lord. but of him that dieth fighting with his lord , without any heriot , the heirs may enter , and scyftan hit , swithe righte . of this shift-land and gavelkind , lambard in terra & scripto , perambulation of kent , and spot of canterbury ; besides several acts of parliament , in edw. . edw. . and hen. . if celeberrimus ex omni satrapia conventus , ( which is there , and by king edgar also , to be twice a year , or oftner ) be parliament , as such great men have thought ; then have we much here also for power and priviledge of parliament . nay , more indeed , if it were but the grand folemoot or sheriffs turn , so much below a parliament . he that in such a grand moot had defended and maintained his right and plea to any land , is there setled without dispute , for his life , and his heirs , or assigns , as his will should dispose : chapter . and again , for priviledge of parliament ( or yet lower ) sive quis ad comitia profiscator , sive revertatur , ab eisdem , ( from gemote , or to gemote ) placidissima pace fruitur , nisi quidem furti fuerit manifestus . theof , thievery , founded more with them , than now with us . for their twelve-year-oath ( of which before ) at frank-pledge , was onely against theof ; which yet seemeth to intend all above it : for what forbiddeth the less , forbiddeth the greater much more . one thing more i may observe ; through all these and other old laws , there is still so much religion and plain-hearted simplicity , with piety , expressed , that it shews our ancestors had not yet learned to be ashamed of their god , or of looking towards heaven . i have been the longer in these , that so i may be the more brief in those that follow : for by this time i am come to the laws of st. edward , as he is called ; and i should mispend my own time , and abuse others , in vouching all the demonstrations of parliaments in his time . his charters to westminster are near enough , and may be known of all : wherein he confesseth his resolutions for going to rome . but , optimates , communi habito concilio , rogabant me , ut ab intentione desisterem , his vows made him more pressing , than else he should have been . but these also his parliament undertook to satisfie ; et tandem , utrisque placuit ( so he speaks ) ut mitterentur legati , &c. while these stayed at rome , procuring his absolution , a vision to a monk commandeth repairing ( or refounding ) of st. peters westminster , as antient as austin the monk. ( i cannot omit a passage in one of the popes letters of that time , telling the king , that he must expect great motions and alterations : for the world was near its great change ; and the kingdom ( which he calls , sanctorum regnum ) foretold in the scripture , was coming to begin , and never should have an end . ) king edward refers it to the parliament ; and at length , cum totius regni electione , ( they are his own words ) he sets upon the decayed minster : which he rebuilt , ( with the tenth of his whole estate ) and there reposed the reliques ( which the popes gave to king alfred at his consecration ) with this grand priviledge of refuge and pardon , to any that fled hither , for treason , or any other crime whatsoever . another charter he granted to the same minister : cum concilio , & decreto archiep. episcop . comitum aliorumque meorum optimatum . and a third charter addeth , aliorumque omnium optimatum . and a little lower , coram episcopis , abbatibus , comitibus , & omnibus optimatibus angliae , omnique populo . a very clear and full parliament . his laws are in print . i must not so much as glance , but as he that followed the great king so swiftly , that his steps could not be seen upon the sand. may not his third chapter extend to priviledge of parliament ? ad dedicat. ad synod . ad capitul . venient . si summoniti sint , &c. sit summa pax. hoveden will help sometimes for a comment . that of out-laws should be explained . it is , ore lagali regis ; which is , per iudicium coronaterum ; or in the great and old city , per iudicium recordatoris . see king ethelred's charter to vlfrie , of the lands of ethelsig , outlawed for theof . rep. part . pref. but of woolff-head , and the outlaws being slain upon resistance , i have spoken already . as also of tythes , and king ethelbert's parliaments in these laws mentioned , and of rome-scot , danegeld , and weigrylds . but of these , again ere long . of the kings duty and oath , we must speak more in due time . of his pardon , before , as it might stand with the oath of his crown . here also we find , that when his pardoning power was largest , yet it could not reach to murder or treason , or other crimes , but so as they must abjure : and if they stay and be found , any might do iustice on them , without iudgment . it is the th chapter . somewhat we said of degrees , or counts , earls , thanes , or barons . the phrase doth here occur ; but of elder times by much , nay , long before king ethelbert's barons : if we may believe historians . but of this , again in due time . of the iews , also before iudaei , & omnia sua regis , seemeth hard ; but it had a gentle comment in succeeding times , and here also they must be defended : sub tutela & defensiones regis ligeà . the phrase may be remembred , till we meet it again : king iohn did but confirm king richard's charter to the iews . see hoveden and matthew paris , of richard and iohn , walsing . edw. . & neustria . pax per breve regis , is a short expression ; but it might have a long gloss , and be compared with all our books ; laying this for a principle or foundation of law , that writs were made by parliament ; and without such common consent , could not be changed . of which , the mirrour , bracton , fleta , divers others . but of another breve de pace , before the combat , in right or assize , glanvil , hengham , and the register . of frank-pledge , tythings , counties , hundreds , and wapentake , somewhat before . this law may fill up lipsius on his tacitus : nor is it useless for the militia . hac de causâ , totius ille conventus dicitur wapentac , eo quod per armorum ( i. e. weapun ) tactum , ad vincem confoederati sunt . there is an old comment on that , de moribus germanorum ; that may help and please in all , of hundreds , wapentakes , cities , counties , with counts or eolders : of which before , in state and church . but to these of the church , i did not then adde their power and custom of healing the sick , by anoynting them . for which , the saxon canons of aelfrick , may be perused . in this chapter of greeves , with the appendix de heretochiis , we may see the whole model of the old militia ; with the power of headboroughs , constables , bayliffs , aldermen , sheriffs , lieutenants , or generals , all the greeves both in the gree and vae , peace and war : for so the law is pleased to criticize ; and for peace we do agree . the law is in print , and may be read of all ; in which it is so clearly stated and asserted by these laws . i should do wrong to take them in pieces . not onely in matters of common justice , or serving of writs , or petty cases of peace , as some have pleased to express it ; but when any unexpected doubtful mischief ariseth against the kingdoms ( or against the crown ) nay , when it proceedeth so far as to war , battel , or pitched fields , the heretoches must order the war ; ordinabant acies , & alas constituebans , prout decuit , & prout eis melius visum est , ad honorem coronae , & ad vtilitatem regni . and lest yet there might be any mistake , the same law telleth us , that those heretoches , ( ductores exercitus , capitales constabularii , vel mareshalli exercitus ) were and still ought to be , chosen per commune concilium ( by common council ; ) and for the common good and profit of the kingdom , even as the sheriffs ( saith that law ) ought to be chosen . again , the former laws are renewed for those that flie , and those that die in the war , and of their heriots ; which here are again remitted , with all relief . of which , before . i am the longer in this , because it was this very chapter which has been so strangely cited ; and that also from a place as much suspected , as any of all these laws : which i do ●ot speak as if i thought they might not be strongly asserted ; even there where the oldest copies are defective . and for one instance , of many , i might produce that piece about the kings oath ; which is cleared not onely by the mirrour , and divers others , but by another passage in the oldest of these very laws themselves ; by comparing it with what is there said of king edward 's own oath to his kingdom . of which , much more hereafter , on occasion . to that of king arthur's , king edgar's , and king ethelstane's conquests , much might be added ; in special , touching scotland : of which , before . and now i adde , that what is here ascribed to eleutherius , may be much asserted and enlarged from those that have clearly stated the bounds , extent , and jurisdiction of the province and diocess of york : for to it belonged ( as i find in a very good author ) all the church of scotland , long before it was divided into modern bishopricks . that of norway , and their affinities with england , and oath of fealty , may now be little worth ; but in this that is added at the close of that law , so did king edward establish : per commune concilium totius regni : by the common council of the whole kingdom , or by parliament : which may well be added to each and every of those statutes . how the militia was ( on particular persons or places ) assessed by common assent , hath been observed and cleared already . i shall now only adde this , that when such assessments were made by common council , it was then no more in the kings power to release them , than it was to impose them before , or without such common assent . for this , might be cited in more than an hundred charters , to religious houses , and places of greatest franchise ; in which there is such an usual exception to the trined-necessity , of military expedition ; castle ( or burgbote ) and bricqbote : for here also , as with the romans , they were especially pontifices . and where-ever these are found released , as to peterburg , canterbury , westminster , but especially to glassenbury , the first and oldest church in britain : fons & origo , totius religionis . it may be a clear demonstration of the parliaments assent to such a charter . for otherwise they could not be dispensed with by the king , as we may find expressed in divers charters ; as in those of crowland : which yet had great immunities . and of that restriction , matth. paris may afford us the true reason , because those three were setled for the kingdom : propter publicam regni vtilitatem , ut per ea resisterent hostium in cursibus . and k. william's laws , castel . & burg. & civit. fundatae & aedificatae ad tuit . gent. & popul . regni , & ad defens . regni & idcirco observari debent cum omni libertate , integritate & ratione . private castles for habitation , may be given in dower , and divided by pacerners ; but so may none for publick defence . yet of such also , may a man be tenant by the curtesie , being able to guard them for publick service of the common-wealth . one grand objection must be removed ; but we need not fear it : for it will flie or run away of it self . 't is that of the conquest , as many are pleased to call it ; not attending how little in this they be the kings friends : for if this were his onely or his main and best title , there might be found in future ages , some that may come to think it as lawful to conquer him , as it was or could be , to conquer them . it must be considered : for if the foundation be not sure and low , the higher the building is , the nearer its fall . and it hath been observed , that the higher skale ( got up by accident ) is more ready to pop down again , than it was before while it hung in due poize . it seemeth a great weakness , to be apt or prone to suspition : and therefore i shall not say i do suspect some that are most zealous for prerogative , or the title of conquest , to be least acquainted with the laws or histories of england . but i cannot be wholly free from wonder , that any lawyer or historian that was friend to the king , should be passionate in these , which were so clearly quitted by that king whom they call the conquerour . he stood on stilts or patents , or pantofles ; but on plain english ground , with two feet , as other men . the left and the weakest was succession to edward , whose kinsman he was , and heir by will ; as appeareth by divers passages in these very laws of saint edward , and william ; which may be seen and read of all . but the right leg , with the strongest and best foot he had to stand upon , was the peoples assent , consent , acceptance , and election ; which we shall yet more fully clear , when we discuss the right of succession or election to this crown and kingdom . but for the present , it may suffice to observe , that all these laws we now have of king edward's , come to us through the hands , and grant , and confirmation of king william the norman ; and no otherwise . which i need not prove to any that have either read or seen the laws themselves , of which we speak . for in the very title and preface thereof ( besides divers other passages in them ) all this , and much more , is fully related and recorded . for it is there also further added , that all those laws were so presented to the said king william , by a sworn iury out of every county : who did also assert , that these which they did present as the laws of st. edward , were the undoubted laws and customs of the kingdom , that had also been collected into a body by king edgar , and continued ( though sopite ) through the troubles of succeeding kings , till edward had the leisure to renew or rather confirm what was the law before . nay , when among all those laws king william did most encline to those which came from norway ( whence his ancestors and lords had issued forth , and where a bastard might inherit ) all the patriarchs of england , compatriotae regni , qui leges edixerant , did so move and press him ( with such arguments as may again be well considered ) that at length in parliament , concilio habito , precatis baronum ; the king himself consented as they did desire . this is expressed in his own laws . and by his own desire , the archbishop of canterbury was one of those entrusted with enrolling or recording of those laws : which to that very king , and to his successors to this very day , became one special clause of the coronation-oath : which was , to confirm all the laws and customs of the kingdom ; but especially the laws of st. edward , called the confessor . and one of king william's own laws is , that all men observe and keep the laws of king edward in all things : adauctis his quas constituimus , ad vtilitatem anglorum . if this be not yet clear enough for the laws themselves ( which are now extant , and may be read and known of all ) we might confirm it much by ingulph , living at the same time , and bringing those laws with his own hands from london to his crowland , with such an endorsement or title of his own making : leges aequissimi regis edwardi , quas dominus meus inclitus rex willielmus autenticas esse , & perpetuas , per totum regnum angliae , inviolabiliterque tenendas , sub poenis gravissimis proclamarat : & suis iustitiis commendarat , &c. he was like enough to know it . and the old book of litchfield , cited in the great reports ( besides that of the iury from every county ) addeth also , that the same king william did by the counsel of his barons , call by writ of summons ( summoniri fecit ) all the nobles , wise-men , ( elders of the witan ) and learned lawyers in each county . and in that great parliament , ad preces communitatis anglorum , rex acquievit , &c. confirming all by common council . this of litchsield is now printed in several places ; and roger hoveden agreeth in henry the second . nor did he onely confirm , but in some things mitigate ; and in divers , explain and clear what might seem obscure or heavy to the people : ( ad vtilitatem anglorum . ) his laws are now printed , both with mr. selden's notes on eadmerus , and with mr. wheelock's impression of the saxon laws and history ; with a very good preface of sir roger twisden . they do oblige us much , that love and clear our laws , so far as just and good . what emendations and additions king william made to st. edward's laws in this also of the militia , we have observed before , at our unexpected enterance on this question . which was not at all intended , to be once , so much as touched , but in one parenthesis : which was past recovery , before this discourse was so much as designed . but now having wandred so much , and so far , ( beyond my own purpose , as well as my subject , ) i could almost , be perswaded , to step a little further ; and to touch ( i must no more , ) upon some few passages ; between the conquest , as they call it ; and the barons of wars : or the time of the great charter . for , since that time , the rolls and printed acts , are every where ; much larger , and much better , than my little reading or my leasure , can present them . two words have sound of horror , to the people ; who are taught , to think them both , oppressions , and the sins of him they call the conqueror . dane-geld ; and the book of dooms-day . ( some have added curfeu , with i know not what , to make poor children quake . ) these , have been proved , to be long before , the normans coming in . to that of dane-geld ; i may add , that good king edward , did also retain it , to his coffers ; ( when the danish storm was over ; ) till he saw , the devil dance upon it : as the crouland abbot doth record . but it did rise , from one , to three , to four , to six shillings on the hide ; but so , by parliament : as may be much collected from the th chap. of king edwards laws ; compared with florence of worcester , hoveden , huntingdon , math. paris , and math. of westminster , besides some others , which we must produce e're long . and ( to say nothing of eleemosyne pro aratris ; of which canute and ethelred : ) it is clear , in king ethelstanes laws ; that single hides ( or ploughlands ) in england , were to maintain two horsemen , with arms ; by act of parliament . ( and this was more it seems , than ever was king williams hydage ; or dane-geld . ) which may be added to king ethelstanes militia , as also , his doom book ; ( for all judgments in one form ; of which his laws speak , ) to what is said , of booca doom . but to king williams doomsday , i shall now , add , ( to what before , ) that besides the mirror , and fitz-herberts , n. b. with the old abbot of crouland . there is enough , in every segment of that roll , to make one know , it was a review ; and little but a review of what was done before . they do abuse us else , that bid us read , the t. e. r. in all that roll , tempore edwardi regis ; plain enough , sometimes , without all divination . that it was , also confirmed by parliament ; may be clear enough from the many exemptions a servitio regis , and a vice-comit . nay to some inferiour places ; as ely and worcester : besides old crowland : which was not exempted from such service , till the latter saxon , or first normans time ; though ingulph spake of divers ethelreds . but the same abbot , will tell us , that this doom book , was now , also made ; juxta taxatorum fidem , qui electi de qualibet patria , &c. and that his taxors were both kind and merciful ; non ad verum pretium , nec ad verum spatium , &c. so preventing future burthens and exactions . talem rotulum , & multum similem ediderat quondam rex alfredus , &c. but alfreds own will , seemeth to carry it higher . nor was ingulph's favour at the court , altogether useless ; for , by that , we come to know , that our norman king , even in little things proceeded by a great councel . so , that our abbots charters , must be viewed by parliment . coram domino meo rege , ac universo concilio , &c. thence he brought st. edward's laws ; as was observed before . huntingdon and matthew paris , with matthew of westminster , spake of his hydage and dooms-day ; as done with great advice , and justice . misit iusticiarios per unamquamque scyram , & inquirere fecit per jusjurandum , quot hydae ( i. e. jugera , uni aratro sufficientia per annum ; ) essent in unaquaque , &c. nor are they wholy silent , of his parliaments , cum de more , tenuisset curiam suam , in natali , ad gloucestriam , and again , at winchester , the like at london , in another season . tilburiensis telleth us , that mony was paid , to the crown , by cities , and castles , that used no tillage : but from the land ( or farms , ) only victuals , till henry the first . and when the kings foreign wars , did make him press for ready mony , the people murmured ; offering their plowshares . horum igitur querelis inclinatus rex , by advice of his great council , ( definito magnatum concilio ; he sent out discreet , prudent men ; that upon view of all the lands , should assesse the sums , which the sheriffs were to pay into the exchequer . this gervase lived a while after king william . florence of worcester , near his reign , he telleth us , of a great councel , at winchester . and again , of another , at a place called pedred ; not only by the king , arch-bishops , bishops , earls , but also , primatibus totius angliae , a full parliament ; for which , florilegius , and walsingham , newstria , may be considered , with hoveden , following wigornens . that in his reign there was an high constable of england , ( ceasing in henry the eight ; appeareth by the parliament rolls of edward the fourth : ( but alfigar in the book of ely , was such ; in st. edwards time , ) and to him , some ascribe , the constable of dover : with the warden , and priviledge of the cinque ports ( with their hamlets , or circuit ; including rye , and winchelsey . ) but all this speaketh parliament , as doth also , his new church priviledge : communi concilio archiep. episcop . abbat . & omnium principum regni mei . yet to be seen , not only at sir robert cottons jewel house , but among the rolls with king richards charters , for the dean and chapter of lincoln . this exemption of the church from seculars , &c. is the more considerable , because it came up with the norman king ; at the time of hildebrand , whose letters missive came hither , ad willielmi regis concilium . and that this councel , was a full parliament ; appeareth , by the charters ( as i may call them ; ) of the arch-bishop of york , ex praecepto papae gregorii . and confirmatione domini willielmi regis , sub testimonio universalis anglorum concilii , &c. of which roger hoveden is clear , telling us also , that this king summoned , the arch bishops , bishops , abbots , counts , barons , vice comit. cum suis militibus , were these knights of shires . to this i may add ( from the continuer , of the saxon chronology ; ) that lanfranc , came hither from caen , ( on the kings call , and the popes command , ) & primatum regni anglorum in ecclesia cant. suscepit ; eligentibus eum senioribus , cum episcopis , & principibus , clero , & populo angliae , in curia regis , a very clear and full parliament . nor may i so wrong our common law , as to detain that antient record , which the great judg in his reports citeth ; of a writ of right , brought by this lanfranc ( against odo bishop of bajeux ; ) and removed by a toll , into the county court , where the king commanded all the good lawyers , to attend the county ; & a toto comitatu , recordatum atque judicatum est ; that as the king held his lands , in his demesn ; ( in dominio suo ; ) so was the arch bishop , to hold his , omnino liberas & quietas in dominiquo suo ; ) which judgment was afterward confirmed by the king and parliament , cum consensu omnium principum suorum . with which record , i may compare the old manuscrips in bennets coll. cambridge ; telling us , of a great moot ( magnum placitum ) in loco qui dicitur pinenden ; in quo lanfrancus diratiocinatur , and the conclusion , that he was to hold his lands , and customs , by sea and land ; as free , as the king held his : ezcept in three things ; si regalis via fuerit effossa ; arbor incisa juxta , super eam ceciderit , si homicidium factum & sanguis in ea fusus fuerit ; regi dabit , alioquin liber a regis exactoribus . in the same author , were read , of a great counsel at london ; in that normans reign , and of another at glocester ; where the arch bishop of york , ( jubente rege , et lanfranco consentiente , ) did consecrate william bishop of durham ; having no help ( adjunctorium , ) from the scottish bishops , subject to him : which may be added to that before , of scotland , belonging to the province or diocesse of york . nor can i abstain from the next paragraph , in the same author , how lanfranc did consecrate donate ( a monk of canterbury ; ) ad regnum dubliniae , at the request of the king , clergy , and people of ireland . petente rege , clero & populo hiberniae , which with divers others , might be one argument , for the antiquity of irish parliments , and their dependance on england , long before king henry the second . for which i might also cite king edgars charters , oswalds law ; and divers historians of his times . but the charters mention dublin it self ; and yet our lawyers , are so courteous as to free ireland from our laws and customs , till towards the end of king iohn , and some of them conjecture , that the brehon law , came in again , and that our parliament , obliged them not till poynings law in henry the seventh . but to return to our norman king. i need not beg proofs of parliaments , in his time ; at least not to those , who know the priviledge of antient demesne , which therefore is free , from sending to parliaments , and from knights charges , and taxes of parliament , because it was in the crowns , not only in king william , but before him , in king edward ; and the rolls of winchester , for which , the old books are very clear , with divers records , of edward the third , and henry the fourth : besides natura brevium , that i say nothing of the old tractat. de antiquo dominico , which is stiled a statute among our english statutes . and besides all the late reports , or records ; i find it in the year books of edward the third , that he sued a writ of contempt , against the bishop of norwich , for encroaching on edmondsbury , against express act of parliament : by king william the conqueror , and by the arch-bishop of canterbury , and all the other bishops , counts and barons of england . it is of ed. . mich. fol. . title . contempt , against an act of parliament . this might well be one of the reasons , why the great judge , giveth so much credit , to the old modus of parliament , as it was held in the time of king edward the confessor , which as the antient copy saith , was by the discreet men of the kingdom , recited before king william the norman , and by him approved ; and in his time used . i have cited it before , and compared it , with irish modus : which my much honoured friend mr. hackewil , one of the masters of chancery , hath under his hand attested ; from the great seal and charter of henry the fourth , ( which himself hath seen : ) reciting a former charter of king henry r. angliae & hiberniae conquestor , & dominus who sent , the same modus into ireland . where himself or his son ( iohn sans terre ; ) had no great work to reduce them , to the civility of parliaments : to which they had been long before accustomed , and the roll saith , communi omnium de hibernia consensu , teneri statuit , &c. nor doth the division of the irish-shires seem so lately setled , as some have thought ; although i may not dissent from the great patron of civill , and ecclesiastical learning , the late primate of ireland . touching that irish modus , i have very little to add , to the fourth part of the great institutes : in several places . i shall now , only observe , that both these , old modi of parliaments do agree ; in this custom of the kingdom ; that the king should require no ayd , but in full parliament ; and in writing to be delivered to each in degree parliament . and both they agree , that every new , difficult case of peace ; and any war emergent , within , or without the kingdom , ( vel guerre emergat , in regno vel extra , ) ought to be written down , in full parliaments ; and therein to be debated , which may be considered , by all that will argue the militia . to which also we may add , one clause of the jewish laws ; of their great sanhedrim , to whom , they retain the power of peace and war ; especially where it is arbitrary , and not meerly defensive , in which the law of nature maketh many magistrates ; and this might with ease be confirmed , from the laws and customs , of all civil kingdoms in all ages . but i must not wander , from our english laws . i had almost forgotten that , which should be well remembred . although many would perswade us to seek our laws in the custumier , of normandy ; it is not only affirmed in the great reports ; but also asserted by guil de rovell alenconien ; ( and proved by divers arguments ; ) in his commentaries , on that grand custumier ; that the normans , had their chief laws from hence . as had also the danes ▪ in the time of canute , for which , we might have more proof , and witness , than the abbot of crowland . so much even strangers did love and honour old english laws . of king william the second , ( sirnamed rufus ? ) i shall speak but little ; for i must discuss his election , and coronation oath ; in a fitter place . some footsteps we find of his parliaments ; in divers : wigornensis and hoveden tell us , that when he would have constrained the scottish king ; ut secundum judicium baronum suorum , in curia sua , rectitudinem ei faceret ; malcolm did refuse to do it , but in the confines , or marches , where ( he could not deny ; ) but the kings of scotland , were accustomed , rectitudinem facere regibus angliae . but he then said , it ought to be , by the iudgement of the parliaments of both kingdoms ; secundum judicium utriusque regni primatum ; and i find the like record , cited on fortescue , from godfrey of malmsbury . but huntingdon , and matthew paris also relate , that the same king malcolm , did submit , both to do homage ; and to swear fealty to our english king , and paris addetth , a pretty story of king malcolms overlooking treason . but again to king william . of his errors in government , i shall only say , that if edom , did really signified red , as hath been thought ; i could believe , that all historians , speaking of adamites , then oppressing the people ; might allude to the near affinity , between edom and rufus , for red. for , this was his sirname , of king william the second . henry the first , is yet alive in his laws and charters . not only in wendover , with other historians ; but among the rolls , and records , yet to be seen , in the exchequer . they are now in print , with the statutes of king william ; after the saxon laws . i must but run , and glance . his charter acknowledgeth his crown , to the mercy of god , and the common councel . communi concilio , & assensu , baronum regni angliae . it confirmeth king edwards laws , with all those emendations which king william added ; for the profit of the kingdom . it forbiddeth all levies , nay , the monetagium commune ; but what was agreed , and setled in king edwards reign . and the test of that charter ; is , by arch-bishops , bishops , barons , comitatibus , vice-comitatibus , & optimatibus , totius regni angliae , apud westmonasterienses , quando coronatus fui . this was copied out into every county , and kept in every abby . so much also , we find in matthew paris . of his charter to london , i may touch , in another place . this i must not omit in his laws . sive agenda proecipiat , levia permittat , hortatur maxima , vitanda prohibeat , yet still the laws must be , manifesta , iusta , honesta , & possibilis ; a kind of sacred tetragram . it is the th . chapter . and the next , is the basis , or foundation of our law process , and of all judicials ; in all causes , accusers , parties , ( or defenders , ) witnesses and iudges ; be and must be distinct . nec perigrina sint judicia , vel a non suo judice , vel loco , vel tempore celebrata ; nec in●e dubia , vel absente accusato dicta sit sententia , &c. nihil fiat absque accusatore ; nam deus & dominus noster iesus christus , iudam furem esse sciebat ; sed quia non accusatus , ideo non abreptus . testes legitimi sint , & presentes ; absque ulla imfamia , vel suspicione , vel manifesta macula . recte , sacerdotes accusare non possunt ( laicos . ) nec oportet quemquam iudicari , vel dampnari , priusquam legitimos accusatores habeat presentes : locumque defendendi accipiat , ad abluenda crimina , &c. and again , pulsatus ante suum judicem , si voluerit , causam suam dicat , & non ante suum iudicem pulsatus , si voluerit , taceat . si quis , iudices suspectos habeat , advocet , aut contradicat . appellantem , & vitiatam causam appellationis remedio , sublevantem ; non debet afflictio vel detentionis injuriare custodia . unusquisque per pares suos , iudicandus est , & ejusdem provinciae . quicquid adversus adsentes , vel non a suis judicibus ; penitus evacuetur , chap. the th . and the th . iuramentum , debet habere comites , voritatem , iustitiam , & iudicium : si ista defecerint , non juramentum , sed perjurium est . qui per lapidem , falsum iurat , perjurus est . deus ista accipit , sicut ille , cui juratur accipit . iuramenta filii & filiae , nesciente patre ; & vota monachi , nesciente abbate , & juramenta pueri , irrito sunt . are these the laws of england ; or of nature , rather ? these we owe to beauclerck ; which he owed much to cambridge . see malms . of plato's kings . touching the militia , ( beside that in general , confirming king edwards ; and king williams emendations : ) there are some particular , as of tenants by knights service , to be freed from gilds , &c. that so they might be more ready , for the defence of the kingdom : and in it , the kings service . this agreeth with the old writ , de essend . quiet : de tallagio : which the tenant in chivalry , might require of right . and tenants in dower , or widows , had the like priviledge , of which the old register , & natura brevium . that also of edgar or canute ; for cowards in land , or sea-fight is renued ; with that of boocland , as before . much also of helfeng . releifs are agreed and setled . for earls and the kings thaynes ; with others called . meane thaynes . but in some chapters thaynes are equal to barons . ( and all tenants en chief , at clarendon , were stiled barons : and relief , is cosin german to the saxon heriot . being for the heir or militia : whence heretoche in king edwards laws . but the dutch here , is also dominus , as senior , in so many nations ; since the time of charles the great . and some will have the saxon heregeat , to be the her 's geat , or beast of the lord , or here : ( which of old , was paid before , or rather than , the mortuary . ) and from this here , som would derive haeres . so , that all heirs , should be her 's or lords ; as homines were yeomen , ( you men , or young men : ) but homines , in law ( as with us , men ) are servi . such they say were yeomen , and none gentlemen but such as came from barons ; or at least the tenants in capite , if not in antient demesn . but for this , see edw. . tit. attorney . and the learned ianus . dane-geld , is here also reduced to d. the hyde ; as of old : ( from which it rambled , to , , , , , or . ) strict provision , is also made for keeping of arms ; and against using or lending them , for the dammage of others . nay a mulct , is set upon him , whose lance , or sword , doth much trespass ; though against his will. he is to be severely punished , that disarmeth any unjustly ; and must answer , all the mischief that ensueth such disarming . to this kings time , belongeth the case of william the kings chamberlain , de londonia : who refused to find a man , for the army , as his tenour required : but the abbot of abbingdon ( of whom he held ; ) in presentia sapientum ( in a witen moot ) rem ventilari fecit , &c. unde cum lege patriae , decretum processisset , ipsum exortem terrae , merito deberi fieri , &c. by friends , it was composed ; and the tenant enjoyed his land. i find it , from sir robert cottons inestimable treasury , cited by mr. selden on hengham . nor can i deny , but this ( with divers other cases , ) might forfeit the land. but , as in case of alienation of such tenures ; a statute of edward the d. provided that the king shall not retain the forfeits , but shall only , take a fine reasonable ; ( which the chancery , must also assess ; by due process : ) so , is our law very tender in all cases of forfeit . and among the old wytes , wardwyte was for the militia : being an acquittance of mercy to him that had not found a man , for the servise ; according to his tenure . of which old fleta , with others . the laws of this king do evince , the tryal per pares to be long before , the great charter . nor would it be hard , to shew it , before king henry , and besides all other hints , through elder times ; the case is well known , of roger fitz osborn , apprehended by tiptoft sheriff of worcestershire ; and condemned for treason in king william the norman ; per judicium parium suorum ; of which antient historians , before the commentator on magna charta . i should not omit king henry's charter , to the abbot of bee , confirming his antient customs , and priviledges , prescribed for st. edmonds time , for grand assizes , &c. yet to be found in the book of assizes ; lib. . pl. . and in the d. or th . part of the great reports : and in the comment on magna charta , cap. . but here it is from ethelred and edward the confessor . one of his priviledges , was to be free from the justies of either bench , and of assize . which is one of the first records , for the antient benches . but it may not be impossible to trace them , thorow some elder times . for the saxon law , ( so often repeated , and confirmed ) that none should complain to the king but want of right ; or against summum jus , at home , might in modern language be translated thus. the writ of right , must abide the baron or bayliffe : ( for it cannot fall to a copyhold steward : ) except the lords default , or consent , or the tenants suit , procure a tolt , to lift it up to the county court. or a pone , place it in the common pleas. that such a course was antient , may be gathered from the mirror , asser , and others of alfred , edgar , canute , ethelred : and of the tolt before , in king william . to which i may add the writ of right ( in the third book of reports ; ) brought by i. de beverlace , against walter of fridastern ; and by a tolt removed from the court baron , to the county ; and for default of the baron , ( how it must be falsified , we may touch ; ( anon ) it was concluded , before ranulph de glanvil , sheriff of yorkshire . glanvil is clear enough ; for the course of removing to higher courts ; and of the writ de pace , stepping between the combat ( on the writ of right ) and assize , coram justitiis in banco sedentibus , and although this book ( intituled glanvil ) was not written , till about henry the d . yet it is plain enough , that he speaketh of antient custom . his words are very considerable . the grand assize ( saith he ; ) is a royal benefit , granted by the parliament ; ( clementia principis , de concilio procerum , populis indultum ; ) as being that which saved blood , and did oft prevent the combat ( on the writ of right ; ) and of this he speaketh ( in the third of the same book ; ) as of a very old and antient custom . secundum jus & consuetudinem regni antiquam . a weighty expression , from so antient an author : which may possibly lead us higher than the saxon times . for , we may find the duel , or combat , among the gaules ( from british druides : ) as among the germans also ; whence our fathers came . nonnunquam etiam armis de principatu contendunt . so of the gauls or british druids ; he that was like to know it , and of those , and germans , tacitus , and diodorus siculus , before aventinus . some observe it , in the salique law ; and among the laws of charlemaign , and that the longobards did bring it into italy ; where it was also setled by law. but of our ancestors combats , in another place . i know not any fines upon record , till richard the first . but stowels case in plowden , may inform us , that they were before the norman . and we need not doubt , the books of edward the third ; speaking of benches , settled in henry the first , but i do not remember , the phrase of capitalis iusticiarius noster , till great charter ; which repeateth elder customs . goodwin , the famous earl of kent , among the saxons , had two sons , that ( in as good an author as huntington ) are stiled , regni iusticiariis ; ( the phrase is common , in hoveden , and others , of the times of clarendon assizes . ) and k. edgar had a cosin ailwin ; who was totius angliae aldermannus ; which is supposed , lord chief iustice ; by a learned man ; besides the best ( though yet imperfect ) glossary . but it might denote the lord high constable : of which before , in william the first . and william the d . found great odo of baieux , setled l. ch. justice of england . iusticiarius totius angliae . so , matth. of westminster . and huntingdon calleth him , iusticiarius , and princeps and moderator totius angliae , in wigornensis , he is custos angliae . and the phrase of iusticiarius , is also in matth. paris of william the first : iusticiarii in banco regio , of after times , as also , placita de nova disseissena ; before justices in eyre . but he speaketh of placita lethifera ; the pleas of life and death ; ( yea , even in bishops courts ; ) about the normans coming in . but in polydore , we find out terms , ( with divers other elder customes ) ascribed to the first norman . but that which he addeth , of the place , for these courts , to be , at the kings appointment ; might be true : till the law fixed the pleas , which may be , long before our charter , of henry d. where it is confirmed , not created . but , for the kings bench , the return was , coram nobis ubicunque , &c. and for the pleas , coram iusticiariis nostris apud westmon . that which virgil addeth of the iudges in westminster ; and of those higher beyond appeal ; and of iustices of peace , setled by the conqueror ; ( as he saith sheriffs were , ) in every county : may be more considered . for it may be , as much too late , as , some have thought it , too early . they which presume to make k. henries cubit the first standard of winchester ; must refute the old saxon laws ; ( of which before : ) for , those may seem to deserve , as much credit as malmsbury , other marks . that he did confirm the curtesie d' angletterre i may yeild to the mirror , and other authors : but not that he first began it . for the statute of kentish customs ; and those that treat of gavel-kind , may shew us an older tenure by curtesie ; there also , where the tenant had no issue . and this may teach us , whence the like custom came into ireland ; as also to be , curialitas scotiae ; which our master seemeth to forget , when he saith que ne'st use en auter realm , forsque tant solement en engleterre . but his commentator he lyeth in this ; and in divers other things . in case entails , this english curtesie is very remarkable : in which the book of cases have great diversity . but those that perswade us , there was no land in tayles before the d . of westminster , in king edward the first ; ( which are all , that subscribe to littleton ; ) must interpret the laws of king alfred , much otherwise than i can do . for the th . chap. of his laws , is to me , much clearer , for lands entail'd ; then is all the statute , de donis conditionalibus . one case of the courtesie ; may be considered , for the militia . if land in capite descend to a woman ; who upon office found , intrudeth ( on the king ; ) and taketh an husband ; and by him , hath issue ; and then dieth : yet cannot the king eject or detain the man ; but he shall be tenant by the kingdoms curtesie ; although he came in , upon intrusion . which seemeth to hint , that our law , did chiefly intend , the kingdoms good defence , and service , ( which might be performed , by such an intruder : ) rather than the kings pleasure ; or his bare prerogative , in this , which is thought , so great a prerogative , of tenure in capite . for which the comments on magna charta . and the statute of prerogative ; with littletons dower , and curtesie ; are clear enough . to henry the first , they also ascribe the curtesie ; of saving the wreck , from his exchequer ; if there were , so much as a cat , or a breathing creature let in the ship. i do not deny him , to be so courteous as to confirm , some such sea-custom ; ( for which , he had a very sad occasion ; when his sons and daughter , with so many friends were drown'd in one shipwrack . ) but , as richard , soon after him , seemeth more courteous , in this also , ( if we may believe hoveden : ) so i doubt not , to assert it , to higher and elder times . and yet the law maritime , is dark enough : with all the jurisdiction of the court admiral . whose office , may be harder , than the name : a strange mixture of greek and arabick . the old ms. del ' office del ' admiral ; hath divers records of h. . r. . and k. iohn : speaking of tryals by . ( as at common law ; ) but now the practise is much otherwise . in the rolls of ed. . the name of admiral : but not in our printed laws , that i know , till edw. d . and in edw. d. the rolls are full of that office , parted among divers : for the north and south seas , &c. as was touched before , in edgar . in richard the d . it was brought to a weldy model : being uncertain rather than infinite before . for the bounds were ever straiter much , than some may imagine . they were again disputed in henry the th . eliz. and iames. it lies more open to the common law , than to the wind and to a premunire , ( some are apt to think ; ) much more , then all are aware . i may touch it again in a fitter place . here i shall only add , that besides the laws of arthur the brittain , and edgar the saxon ; we have some records ( for so i may call them , ) of customs by sea ; as well as by land. with priviledge , to some , below the king ; before the norman ; whom they make the founder , ( yet he was but patron , ) of the ports ; and wardens for the sea. somewhat of this in lanfranc's case before : and more again ere long . historians are clear and full of this king's parliaments ; and of his summons to parliament . majores natu angliae londoniae congregavit . and again , principes omnes & totius regni nobilitatem sanctione adnotavit : so the monk of worcester , and hoveden ( almost in the same words , ) which matthew paris , expresseth thus ; magnatibus regni edicto convocatis . and in walsinghams neustria ; majoribus regni ; and principibus convocatis , virgil himself confesseth his full parliaments . and of a convocation house , distinct from the parliament , sitting at the same time ; they are plain enough . et cum rege principes regni omnes , tam eccles. quam secular apud westmon . ubi etiam anselm . cantuar. archiep. magnum tenuit consilium ; de his quae ad christianitatem pertinent . as florence , and hoveden . huntingdon , is also clear in such a distinction ; rex tenuit concilium apud londoniam ; & willielmus archiep. cantuariensis , similiter in eodam villa , apud westmon . and this author useth to stile , the parliament , magnum placitum , ( of which before ; ) and the convocation house , concilium , or synodus ; which yet in him , in all , was confirmed by parliament ; or else invalid . in parliament were also decided , the great contests between canterbury and york ; not only concerning the crown , or act of coronation : in which ( to this king , ) they both joyned ; as we find in matth. paris , and walsingham . but the parliament declared , that it did not at all belong to york : as besides hoveden , we read in him , that continueth florence of worcester . but in beckets absence , it did fall to york : and so it had been before . so also canterburies contest with the king was debated in full parliament , three days together , in the arch bishops absence : and at length composed , with the consent rather than content of both parties . the king was resolute for investiture as he found it from his father and brother : the clergy was pertinacious , for the popes decrees . but the emperour ( son in law , to our king ; ) did so muzzle pope paschal ; that he consents and decrees , that none should be consecrate , but whom the king invested , as the clergy , and people chose him . it seemeth considerable , how all historians ( of that time and dispute , ) do record , the choice of bishops , to be in the people : in phebe and in populo , as well as in clero . they mention radulph , ordained a bishop for the orcades : but rejected by all , because not elected by common assent of the people ; plebis , clero , principis , 't is every where in the old monks ; and how the poor bishop , wandred up and down , as an assistant , to other prelates . of him and of english right in scotland , and ireland ; much might be added , from the notes of eadmerus ; and somewhat of lanfrancs plea at pinenden . and at prince roberts landing ; commoti sunt principes erga regem causa roberti , &c. but many of the lords left the parliament , ( subtrahentes se de curia ; ) sed episcopi , et milites gregarii & angli , ( the commons ) stuck to the king ; who was provincialibus gratus : and at length the witan or parliament , composed the quarrel . sapientiores utriusque partis habito consilio , pacem inter fratres composuere . 't is in florence and hoveden , with malmsbury . wendover with huntingdon record , how the great firebrand in that war , ranulph of durham , was committed by the parliament : de communi consilio gentis anglorum . this was the great man. whom k. william , had made pacitator , in matth. paris : but placitator & exactor totius regni , in the monk of worcester . his continuer addeth also , that the peace , or league with france , in this kings time ; was made by parliament ; consilio optimatum : and that by advice of common council , the custody and constableship of the castle of ros or roch ( with its ford , &c. ) were setled in the arch-bishop , and church of canterbury : with leave to build a tower , and divers other priviledges , for the militia . i must not mention the orders of king henries parliaments , against money clippers and corrupters : with such a change of money , as made things very dear . so dear a time that an horse-load of good wheat , could scarcely be bought under six shillings : as henry of huntingdon and others . of king stephens election , more , when i shall discuss , the right of succession to the crown . but i must not omit that which , of him , is recorded by so many good authors : that he did prohibit the laws brought hither from rome . and this also by parliament : as bale affirmeth . but of this , in much older writers . frier bacon is one , ( in his compendium of theology , or his opus minus : and the great reporter citeth it , from bacons impedimentum sapientiae . ) he was a very learned man , and a most genuine son of art ; his opticks and his burning-glasses , would be more enquired after ; for they may be little worse than those of archimedes , who in this is newly found to go beyond himself . such glasses must be conick section : and in concaves not exactly circular , but parabolical , for which there is as real demonstration , ( by the law of reflections ; ) as for the best perspectives , ( by refractions , ) in ellipses , and hyperbolies : to which i must not add , that mirandum naturae of two lines , that approach nearer and nearer , in infinitum ; yet they still shall be asymptots , and never meet , ( for such attend hyperbolies . which yet , is more demonstrable , by reason ; than is that of mersennus , ( or others ) by sense ; that concave glasses may be placed in such a continued proportion ( may i say ) of reflection ; that by such it may be possible to fire a ship , ( or other matter combustible ; ) at a far greater distance , than between dover and calice . i say not ( as some have said , ) in infinitum . but in this and all the mathematicks ; who can add , to him that did contract ( and correct ) longomont , into a page ? our country-man , he is : but at too great a distance , in breda . but i must not wander from k. stephen . his repeal of roman laws , is also in sarisburiensis ( living in the time of k. henry the d : ) an author of credit , and polite enough . it is among his court trifles ( polteraticus , or de nugis curialium ) . nor is he content to meddle only , with mean courtiers ; but even of the highest , he is plain enough . and one of his thesis , is , that by reason and scripture , it is both lawful , and a glorious act , to kill a publick tyrant . but of his exceptions to the oath of fealty ; we must have more in its time and place . that of k. stephen is in his th . book , and chap. ( near enough to his discourse of tyrany . ) where we have also an hint of him , that brought those laws into this kingdom . theobald the arch bishop of canterbury , going to rome for his pall ( some say ; ) and for this the monk of malmesbury , would be considered ; who hath also recorded , k. stephens oath ; of which we must speak again . i must not dispute whether those italian laws , by him prohibited ; were the civil , or the canon laws : which i rather believe . although i cannot deny , but the civil also did come in , or intrude upon our english laws . nor may i forget a passage of parliament in that famous appeal , or charge of treason , in king richard the second's time. the lawyers especially civilians , were consulted , about the charge . they conceived it , not to be rightly moulded , according to the forms of law. but the great council resolved , and declared , that they would proceed , by no other law , but the course and custom of parliament . to which they added , that england never was , ought or should be ruled or governed , by the civil law : which yet is enough : ( some think too much ; ) in causes maritime and ecclesiastick , that i speak not of any other courts . fortescue ( or rather the young prince in him ) telleth us , of some of our kings , that have attempted to bring in , the civil laws , and patrias leges abolere , but i cannot tell who , those were ; no more , than the learned commentator . except perhaps , he may reach up , to king lucius ; who did desire the roman laws , ( even for the state : ) but can we say , the civil laws , were then born ? or at least christned , enough for a christian king ? but the reason , why , any king so much esteemed the civil law ; may be rightly guessed ; to be this , grand maxim of tyranny ; quod principi placuit , legis habet vigorem . a sentence of the civil , royal or imperial laws ; citeth indeed , by glanvil , bracton , and others of our lawyers : who refuted , rather than allowed it . but in this who can add to mr. seldens late dissertations on fleta . wigornensis , lived till k. stephens time . in him , or his continuer , we find what laws these were , & how , or who did bring them hither . for we are there told , that theobald with other prelates , had a summons from the pope to rome : and there were admitted to a council ; such as many ages could not parallel . for thence , ( he saith ) they brought those canons , or decrees ; quae longe lateque per angliam jam conscriptae . he lived not perhaps to know they were prohibited : but he doth intimate , enough , in what a cold manner , the parliament did entertain , the legate , sent from rome . he was a great leveller , it seemeth : for , he came , to pull down , and to destroy ; that so , he might plant , or build , we read it , in the monks . who bring , this legate , coram rege & primoribus . and again , before the commons also ; episcopis , abbatibus , & innumera cleri & populi multitudine . ere long , we find k. stephen at another parliament ; ad boum vadum oxes foord ; or oxford . where some lords , or prelates , are committed , for suspicion of treason . and by some it is ascribed to the king alone . but in the monk of malmesbury , we may find it done upon complaint of those , he calleth potent laicks : and by councel , or perswasion of magnates , and proceres regni . the thing doth speak it self . for one of the lords , committed was the great roger of salisbury , ( the grand favorite ; ) of whom before . his charge was this , in chief ; that without leave of king and parliament ; he had built , and fortified a castle . but in his own devise ( this was the castles name ; ) he did ensnare himself . the name and fate , hath since been found , observed more than once ; and yet they write , it was the fairest castle in all europe . matth. paris followeth huntingdon and hoveden ; but in this , they both come short of malmsbury ; well acquainted with that famous roger , whose misgiving heart , was like , to have prevented , what did follow , in that parliament . but so we might have lost , or mist that act , which here was made , for the militia : setled clearly in the king and parliament . we find it also in the old continuer of the monk of worcester . who living at that time , doth tell us , that in full parliament , ( habito postmodum concilio , coram primoribus angliae , statutum est , ) it was enacted for a statute , that all burghs , castles , forts , &c. ( in quibus secularia solent exerceri negotia ) should submit to the king & parliament . regis & baronum suorum juri cedant . and by vertue of this act of parliament , was the castle of the devise presently demanded ; and at length yeilded : while the great prelates neck , ( or his sons who had been also chancellor , ) was in the rope to have prevented his quartain , of which he died . in the same author we find much , of an high constable ; and several men , with that title . one is milo : who did lead the king , in royal state ; cum honore , regiam ad aulam ; ubi cives fidelitatem iuraverunt , &c. ere long , we find him charged with treason , ( so as is worth considering , for the militia ; ) and his office conferred , on walter de bello campo ; wigornensi vice-comite . but discontents ( that rose before ) did now increase . and when the oath of fealty , was pressed on some ; they refuse , and say , the king may take their words , if he please . but for a bishoprick the prelates perswaded a grave man , to swallow the oath : and so he did ; on much reluctance . maurice , was his name ; elected by the people ; a clero & populo : being then presented to the king , by bishops ; attesting his deserts and due election . another bishoprick is conferred on philip , the lord chancellor ; but consilio baronum . and a while before , the abbot , was made a bishop , at london ; petente milone constabulario , & favore populi , utriusque ordinis ; that is , the lords and commons ; or rather the clergy and laity . in huntingdon , we read of robert arch-deacon of leicester , about this time , elect bishop of lincoln ; rege , clero , & populo , summo gaudio annuente . and a while after , he shews us the king at london , in a full parliament , disputing the grand question of appeals ; with the romish legate . for , such appeales ( saith he ) had not been used in england , till that henry of winton the legate , had cruelly intruded them . malo suo crudeliter intrusit . the monk of st. albans borroweth from him ; and sometimes repayeth , with interests . as in that statute , for priviledge of churches , and church-yards ; with all the clergy ; so , that none but the pope could absolve , from violence done to such , ( in which they all agree : ) he added also , another act of the parliament , that plowes in the field with husbandmen should enjoy the same peace or priviledge ; as if they were in a church-yard . his geffry de mandevil , ( consul , or comes ; ) was a very great man : de magna villa . for he speaks , of his princeps militiae ; and of another , that was , his magister peditum . but in henry of huntingdon , we find him , at length , clapt up in prison : but scarcely , secundum jus gentium : rex cepit eum in curia sua ; ex necessitate magis , quam ex honestate . hoveden ; hath of him , the like expressions ; adding also , that from a baron , he had been raised , to the degree of a consul ; that is an earl. for in him the earl of flanders , is consul flandrensis , and the earl of anjou ; consul andegavensis . this was he that come to be hen. the d . who at his landing , ( being duke of normandy ) coyned money ; which passed here , by the name of the dukes coyn . nor only he ; but omnes potentes , tam episcopi , quam comites & barones , suam faciebant monetam . ( and of this , nubrigensis . ) which may be compared , with the saxon laws , of king ethelstan and others . as k. hen. monetag . common . in the same huntingdon , we also read , that ( by the mediation , of theobald of canterbury , and henry of winton ; ) the king was so reconciled , to this duke and earl henry ; that they never more discorded , ( also that the duke , was made , iusticiarius angliae , next under the king ; & omnia regni negotia , per eum terminabantur . ) but in polydore , we find this pacification , made by parliament : cujus authoritate pactio facta est . matthew paris is so full of law terms , that i could beleive him , in this , to allude to the law fines and recoveries . for at this peace , he telleth , how the kingdom was again recovered . and ( after a disgression to merlins prophesie , in which the phrase of vice-comites , may be duly considered ; ) he concludeth , thus a war that had raged years together , was now quieted by such a time , hoc fine quievit . to which he adds , that famous story of the souldier , that in this vacation made a voyage to st. patricks purgatory . and by that occasion , he relates , the best description of hell , or hellish torments , that i remember , in any historian of credit . with which may be compared ; divers others in the same author . but that which is added , at the souldier return to the king ; may be added also to what is observed before , touching irelands dependance on england . for , the same souldier was again sent , by king stephen into ireland : to be assistant , as an interpreter to gilbert ; who had a grant from hence , to found an abbey in ireland . whither he also carried this souldier , speaking irish , and with tears , he would often relate , his voyage to hell. which is so recorded and asserted by divers religious men . to k. stephen's militia , we may also refer that , which so many historians record , of his damning the hidage or danegeld : which yet was not his act , but the parliaments ; that did elect , and create him king. we must discuss it more fully ere long ; but now , for danegeld , we may assert it to be expressed , in his very coronation oath : on which , he was admitted . one of the clauses was , that he should , for ever desist from that , which had been paid to some of his predecessors , singulis annis . and wendover , or paris express no more . but in hoveden , and huntingdon dane-geld is expresly specified , which both affirm to be then at s. the hyde . they agree also , with others ; that this was again , specified in parliament , at oxford : where the king , did again confirm , his coronation oath . matthew of westminster doth also record that of these promises or oaths , he made a charter , which seemeth to be that charter , which the great reporter , in his th . part , affirmeth , to be yet found , in an old ms. de antiquis legibus . and that , the said charter , among divers other things , doth expressely confirm , the laws of k. edward and of k. henry . nay the monk of st. albans affirmeth , that in parliament , congregatis regni magnatibus , he did there solemnly promise , to meliorate the laws , or make them better as they should desire , or require , juxta voluntatem & arbitrium singulorum ; which we may consider again upon occasion . nor must i omit , that much of this very charter , is yet to be read in print ; in an old monk that lived in king stephen time ; and those particulars , for confirmation of all good laws ; and in special , those of king henry : with divers other things , that are worth perusal . it is in the monk of malmsbury : but a little after the letters written to the pope , about king henries death ; confession , absolution and anoynting by the elders ; according to what was let to the church , by the apostle st. iames : as in those letters , is more fully expressed . which may be added to that , before , of the church elders . polydore telleth us that in full parliament at oxford ; king stephen did abolish that , which had been oft exacted , for hydage per singula jugera : and that he intreated another parliament , to carry on that war , which by their advise and councel had been undertaken , in the name of common wealth . reipublicae nomine , vestro cum consilio tum consensu , susceptum est : and his desire to them was , so to act in person ; that the people might not be burthened with taxes . and at his end virgil addeth that , for all his continual wars ; he did exact , little or no tribute , from the people . so that the parliament it seems , did wholly manage his militia . from a long storm at sea ; we are now come , into a quiet port , and a calm haven , such were the thoughts , expectations , and hopes of all ; in henry the d . we have his laws in print ; in several places : and his lawyers , known enough . for who needeth to be told of glanvil in his reign ; of whom before : and much i might add , from divers others besides hoveden . who by occasion of that judges name ; hath not only given us a copy , of st. edwards laws ; but hath also , asserted their confirmation by k. william , ( as i should before ; ) upon the oaths of chosen men , from every county , ( sworn , as strictly as i remember any to have ever been ; ) with additions also of some emendations added by king william ; ad utilitatem anglorum . these laws he saith , were compiled ( or conditae ) by the said great glanvil ; who ( in henry the d . ) he stileth ; summum iusticiarium totius angliae . and for this kings confirmation of the good laws of h. the first , we need no more than what we find in him ( and all other historians ; ) of the grand contest upon that occasion ; between the king & becket , son to a saracen or syrian woman , yet a citizen of london , ( and his fathers name was gilbert . ) favourite at first he was to theobald , ( of whom before : ) by him commended so , that he became lord chancellor . but at his patrons death , being chosen to succeed ( in canterbury ; ) he resignneth up the seal at taking orders : and in this both wendover and matthew paris add to hoveden , who in becket is the largest . polydore agreeth , that his former perferment was , to be arch-deacon , to that sea : to which he makes the office of a legate , to be then entailed ; ever since lord theobald did fetch his pall from rome . but the great quarrel was about the confirmation of k. hen. laws , ( of which before . ) they touched all the clergy : so , that once reading of them , was enough to make the pope condemn and ban them all . in a great councel or parliament the king did ask , ( they say petitioned the church , ) that all would agree to keep the laws of his grandfather , henry the first . becket with some reluctance did consent , without his salvo . but again repents in parliament , at clarendon 't is clear as well for commons as for others . congregato clero & populo regni , apud clarendun . and again , the lords beseech the prelate that he would vouchsafe to come and say before the king and commons , coram populo diceret , that he would receive and admit those laws . he doth consent and comes into the house , and frames his lips into a content : the king is glad and bids the lords retire , and bring those laws from the records ; that all might be perused and agreed . somewhat more he meant : for when the lords returned with those rolls , the motion was that all should set their hands , or seals in witness of agreement . but at this , the prelate startles and recoyles again , and riseth high or foul in language ; so withdraws in greatest discontent . ere long , we find him out again ; at least , he would be out ; for now he sueth for a pass to france : he meant the pope . i must not here omit the course the king did take to stop him . one there was that did complain , he had been long in suit ; in some inferior court of becket , yet he could not get his right : and therefore was at length enforced to some other course and court. for which his way was first to falsifie the prelates court by oath , according to the custom of the kingdom : and of that we spake before in writs of right ; and tolts or pone's ; to remove them to some higher court. this seemed but a petty case that happen'd every day , so that the usual writ hath such a clause , that if the baron did not , then the sheriff should . and if the sheriff failed ( in the county court , ) then bench must help . but this was now enough to give a pause and check to that great prelate . he must stay and plead it out ; at length he finds the formal oath ( to falsifie his court ) was made upon paper ( or a service book : ) whereas the law required , that the oath should be upon the holy gospels . this would not suffice , but parliament , ( at least the barons , and the tenants en chief were such ; ) did put the prelate into misericordia . he doth struggle and attempt a writ of errour or the like ; ( iudicium illud falsificare : ) but he must submit and is amerced at l. he cannot bear it : fulleth 〈◊〉 , but soon receives another summons . for he shall have load enough , and now must give account of all his former bailywick . he seeks delay , and would be essoyned , de malo lecti , and instead of knights , two earles are sent to view him , whom they find in bed , but give him respite only till the morrow . this bringeth a case of law to mind , essoyned of sickness cannot rise ; without a license . if the knights ( that come to view him ) find him not , or out of bed it is default ▪ of which in bracton , fleta , hengham . and his learned commentator addeth a pretty case in rich. the first . the abbot of crowland sueth the prior of spalding for entring upon his marsh. the prior pleads , he entred as upon his own ese-simple ; and doth offer marks for grand assise : and so the mise is joyned ; and the right doth lie at stake . the abbot is essoyn'd de malolecti ; and the writ goes but to the knights . but while one was coming to view him , he doth rise and cometh towards the court ; so the knights certificate is , the abbot was not in bed. on long debate , the judgement was , that upon default the abbot ( yet in possession ) must submit to yeild the seisin to the prior , whom he sued : see the statute of marlbridge , and the d . of westminster cap. . but becket had law enough to make him rise , and come to the court ; in fear and discontent , but his right hand is so fastned to his cross ; that it could hardly be forced from him , who did struggle for it . but his sorest pressure , is an heavy action of account , for all he had received as lord chancellor . he pleads discharge . and that at his election henry son to him , that had such interest in the kingdom , ( cui regnum adjuratum fuit ; ) and all the barons of the exchequer , and richard de lucy , iusticiarius angliae ; did declare him free : quietum deo & ecclesiae , & ab omni exactione seculari , &c. but his conclusion ( ideo amplius nolo inde placitare ; ) cost him dear . for when the king had this , he knew his way and said to the parliament , ( or baronibus suit , ) do me speedy justice on this man , cito facite mihi iudicium de illo , qui homo meus ligeus est : & stare iuri in curia mea recusat . so they did retire and being alone without the king ; exeuntes iudicaverunt . and they did adjudge him to prison . but he escaped before his commitment : although some , ( that saw him going , ) cryed traytor , stay , and take thy doom , by stealth he got to sandwich , thence to france ( by flanders : ) where he found the pope . i do not know that he talked much , of refusing to make his account . but his grand complaint was , that he was pressed to consent to such injurious laws , as those ( which he brought to the pope , ) of king henry the first . which were soon damned , notwithstanding our kings embassadors . but writs were sent abroad to the sheriffs and iustices , for seizing all , belonging to the arch-bishop : for attaching arms that did appeal to rome ; or bring any letters of excommunication , or attempt a voyage beyond sea without a licence . and for sequestration of the peter pence till further order . if that i have cited already , were not clear enough for parliament in these ; we may have more from wendover or matthew paris , where we are expresly told , that the great meeting at clarendon ( of which before ) was made up of a lord president ( de mandato ipsius regis , ) with arch-bishops , abbots , earls , barons ; and to these , also are added proceres regni : which may here speak the commons , as in hoveden , populus ; so often expressed of that parliament . for it may be remembred , that virgil himself doth acknowledge the commons also to be very frequently called to parliament ; from the time of king william , as we may read in his large description of our parliaments ; in henry the first . to which also ( for this parliament at clarendon ) we might cite very many historians , besides gervase , and the quadrilogus ( or becket's life by cited on eadmerus ; and in ianus , ) from which there is much to be added to that in matthew paris . where it is also asserted that these constitutions of clarendon , were not only agreed , but expresly sworn by all the degrees of parliament . episcopi , clerus cum comitibus & baronibus ac proceribus cunctis iuraverunt , &c. as also that these were but a recognition or recordation , of some part of the customs and liberties , antecessorum suorum . of which also florilegus thus coram lege & magnatibus , facta est recordatio regiarum libertatum & consuetudinum ; cui archiepiscopus assensum non praebuit , &c. nor would it be hard to shew very many if not all of them , agreed in elder times . of foreign appeals we spake before , and the writ ne exeas regnum , is as old as rufus ; if we may beleive polidore , or better authors . to that of appeals from ecclesiastical courts , ( to the king or delegates ; ) i can add very little , to what is in caudries case ; in the th . part of the great reports , with the preface to the th . that against excommunication of the kings tenants , ( or as the elder law was of the barons ) is cleared enough in the notes on eadmerus ; from the first norman records . to which may be added a law of henry the first , of the wills or legacies of his barons , vel hominum ; with which the learned ianus compareth an old law of canute ; and toucheth the power of the ordinary , in case of intestates ; which is prescribed from most antient parliaments , but the original doth not appear . i must not spend time in heaping up the many proofs of parliament , for the assizes of clarendon : which were again , renued at northampton . hoveden is large and clear for them all , and for the circuits , and iudges in eyre , by full parliment : communi omnium concilio . but the mirror , and those that write of alfred will afford us these in many older parliaments . from that assize of arms for every fee , we may learn to expound the statute of winchester , and others speaking of a former antient assize : which is here found at large . to which i may add , that what is here spoken of the iustices presenting to the king ; may be expounded to the king of parliament . as is fully expressed , not only in fleta , but in the said statute of winchester , the iustices assigned , shall present the dafaults at every parliament . the defaults of arms for the militia . and by this time i shall not need to speak of escuage in h. d . assessed by parliament ; for tholouse , wales and ireland ; of which gervase the red book in the exchequer , and matth. paris , with the notes of hengham . to which i might add matth. of westmin . de unaquaque carrucata terrae totius angliae , quatuor denarii concessi sunt & collecti , for the holy land. but when he had the offer of the kingdom of ierusalem ; convocato clero regni , ac populo , it was rejected concilio universo ? as the monk of st. albans speaketh , of k. rich. coronation , and his oath before the nobles , & clero , & populo , hoveden is very large . from him it may be found in others . and of the jews in those times , to whom he was a friend ( as his charters shew ; ) and very sorry for their sufferings ; who did help him much for his eastern wars ; as some relate with polydore . see mr. selden on arundeliana marmora , his great charter to the king of scotland ; of many liberties , ( for which he did recieve marks ; ) but still retaining the antient dues to this crown is every where . for which i must not forget what was before in h. the d . malcolm became his man 't is said , and did him homage : but on some disgust he was not knighted by our king ; as was wont . ( and matth. paris addeth also , that the scottish kings horse , was the english marshals fee , at such a knighting , ) but hoveden telleth us that about two years after , the same king came again , and was then knighted by king henry . of his parliaments and their power , in war and peace ; i might cite very clear proofs . the league with france , was agreed by both kingdoms , & archiep. & episcop . in verbo veritatis , ( that was the mode in those days for them , as for the lords since , in verbo honoris ; ) & comites , & borones regnorum , praestito sacramento , juraverunt . and his sea statutes were made de communi proborum virorum consilio , as the charter it self expresseth it in hoveden , wendover or matth. paris . who doth add , that per consilium magnatum , there were made , iusticiarii super totum navigium angliae &c. which with divers records of h. d. may be added to the admiral , or saxon aen mere eal ; over all the sea. how the lord chancellor ( being left the custos regni , ) did on pretence of the kings warrants , pole the people ; is at large in hoveden and others . but in the monk of st. albans we may read , that er'e long in parliament of commons also , ( assensu communium definitum est , ) it was enacted , that none should so domineer in england ; to disgrace the church and oppress the people . and that all the castles which the said l. chanc. had committed to his clients , ( or disposed without the parliaments assent , ) should be presently delivered up : and in particular the tower of london ; where he then was , and was glad to yield , and make his peace , with much submission for to save his life . for which also polydore virgil is worth perusing . and in him we also find the north committed to the bishop of durham ; ( who of an old bishop , was made a young novice earl , but he paid dear , for his honour ; ) and how the chancellor excused himself by the kings command . as if ( saith polydore ) the kings command , might disannul the law : quasi fas esset , jus omne principis jussu rescindere . of the kings voyage to the east , i shall not speak ; nor of the famous prophesies he found touching antichrist , and the revelation . they are in hoveden , besides all others . where we also find him ransomed by commune assent ; in special of the clergy . and for this walsinghams neustria , may be added to others in the road , and at his return , he is again crowned before the people as well as the lords ; & consilio procerum . yet polydore ( with others ) is bold to charge his reign with great exactions on the clergy , in special for his ransome : but himself yeilded , that the king did send , the bishop of salisbury into england , that by the consent of parliament ; regii senatus authoritate ; he might get his ransome . and himself yeilded that at his return there was a parliament ; wherein the king thanked his people for their faith to him , and for that they had helped him in his wars and imprisonment . and that ejus nutu , archiep. cantuar. was conferred on the said bishop of durham : and that the chalices , &c. were again restored to the churches ; and that the laws , with weights and measures , were then also corrected or amended . k. iohn's election must be discussed in another place . of his military aids , paris with wendover is clear , that they were granted in , and by parliament . convenerunt ad colloquium apud oxoniam , rex & magnates angliae ; ubi concessa sunt regi auxilia militaria , de quolibet scuto duae marcae & dimidium . nor are the records wholly lost of his parliament , summoned about a war with the french , ( or rather defence against them : ) and his writs are known enough . they speak consent of parliament , provisum est de communi assensu archiep. comitum , baronum & omnium fidelium nostrorum angliae , quod novem milites per angliam , inveniant decimum bene parat : ad defensionem regni . besides the rolls , this is found in the th . part of the great reports , and in divers others . his charter is now so well known in print ; that i need not cite any clause thereof . no not that so clear for the militia , nullum scutagium vel auxilium ponam in regno nostro ; nisi per commune consilium regni nostri . yet i may add , that the aides , there excepted and called reasonable , ( being such by common law ) were afterwards assessed , and ascertained by parliament . for which the first of westminster may be compared with the th . of ed. d. and in the th . of that king ; his aides were remitted by parliament , because ( for his wars ) he had taketh other assistance than was due by law ▪ which was much excused by himself , and divers other kings . and for this i might cite the th . of h. d. the th . and th . of edw. st . the , , , and of edw. d . the th . and th . edw. d. who did buy souldiers rather than press them ; as the roman historian , of the declining times , of that empire . of the barons wars , i must not speak , a syllable , they do deserve a discourse by themselves : and it may be possible er'e long to see it . now i shall only observe , that , our great charter was rather the cause ( or occasion ) than the effect of those wars . for , had it been so kept as it was made ; the crown might have rested in peace enough . they which perswade others that this charter was first created by king henry , and extorted from him , only by a prevailing sword , seem not to consider so much as its title ; as it now is printed : where we find it granted , in his th . year . although it was so ill performed , that it needed confirmation afterwards . matth. paris is very clear and plain in this , that it was wholly the same or exactly agreeing , with that of k. iohn , & in nullo dissimilis . nay he speaketh of k. iohns charter , quas sponte promisit baronagio angliae : and again in k. h. d. sponte liberaliter concessit . and the popes letters tell us , of k. iohns charter , granted most freely : liberaliter ex mera & spontanea voluntate , de communi consensu baronum suorum , &c. besides the very words , in one of those charters , spontanea & voluntate nostra dedimus , concessimus , pro nobis , & heredibus nostris , libertates has subscriptas . nor were these new priviledges , then first created by him . but the old rights of the people by long and ancient custom : as we may find at large also in wendover , with matthew paris , where they are not only , antiquae leges & consuetudines regni ; but we are also told , they did present , the great charter of h. the first , with his laws and st. edward's . and to these the barons sware : as the king had also done before . for so we read their covenant was ; that if the king would break his oath , a juramento proprio resilire , ( which they had some cause to believe or suspect , propter suam duplicitatem ; ) yet , they would keep theirs ; and would do their best , to reduce him to keep his . virgil is also clear in this , who telleth us , k. iohn's troubles , and proceedure from his not restoring k. edw. laws , as he had promised . and that the barons urged him , ut promissas tandem aliquando lege daret , and again they ask for their antient customes ; vetera instituta , quibus olim reges pop. angl . bene rexissent : and the close is , quae ille prius recepisset se sanctissime observaturum . and for henry the third ; the same author affirmeth , that ( instead of his granting ought , that was new ; ) the people granted him that grand prerogative of wardships ; ( which that king accepted , with many thanks ) adding also , that the people did not intend it for his successors . but of this i may speak in another place . i shall now only adde , that if there be not yet enough said , ( from all the saxon laws , and histories , with the first norman confirmations and explications ; ) to assert the great charter , to be more antient ( for its matter ) than k. henry or k. iohn : i shall only desire those that are yet unsatisfied , they would please to peruse the d. part of the great institutes ; or at least so much of it as speaketh of h. d. and edw. st . and it may be they will not wonder that at the prelates motion , that bastards might inherit : the parliament at merton , cryed out so loud , nolumus lages angliae mutate , &c. to which also ( besides the late declarations of this parliament ; and the petition of right , ) may be added ; the learned arguments , of those grave and honourable judges ; to whom we shall ever owe so much , for standing up ( in an evil day , ) for truth and common justice ; in the case of ship-money : sir richard hatton , sir george crook , and sir iohn denham ; with the truly noble oliver st. iohn lord chief justice of the common pleas. their arguments are now in print by publick command . nor may i presume to add a word in that subject . nor shall i speak of the times following the great charter ; which was confirmed more than thirty times in full parliament : with many special provisions for the militia . it being most just and reasonable , that what did so much concern all , should be considered by all : quod omnes tangit , ab omnibus approbetur . which is one clause in the writ of summons to parliament ( about a war with france ; ) in edward the first . which seemeth to speak a necessity of parliaments , for matters of war. not only for money , ( as some have pleased to speak : ) or at the kings choice to call them , if he please . the writ speaks an act of parliament : lex justissima , & provida circumspectione stabilita ; not let at loose to the kings pleasure : but as fortescue , or long before him , the old modus of parliament , maketh it necessary for the king , and his duty to call a parliament in all such cases . nor shall i need to add what paulus iovius , froisard , comineus , de serres , and the duke of rohan , with many other strangers have observed of our parliaments , in this ; which is the law of nature , rather than of england . for as in the heavens or great world we did before observe mars , ( or the genius of war , ) to be there placed immediately under iupiter , ( the great councel ; ) and not under the sun. so in the microcosm or little world of man ; we find both spleen and gall , within ; hands and feet , without ; at a good distance from the head : and never joyned to it ; but in monsters . yet it is true that some creatures have horns on their heads , but they are beasts and not men. much less kings , i hope . but did we labour , toyl , and sweat so much to keep a little river in its bounds ; that so we might be drowned , by the boundless ocean ? or be swept away at once , by a destroying and devouring deluge ? did we scruple at a little gravel or a pebble , that we might be crushed by a mountain ? would we strain at a gnat , that we might be choaked by a camel ? or be swallowed whole by behemoth ? it may not be , at least , it may not seem enough to quiet trembling minds , to say , or prove by arguments , there shall be nothing done but what is just : except we also see or know the way , and means , and usual course , our governours will please to take ; in doing that which may , or is , and ever shall ( i hope ) be just . the way must be both right and clear as well as is the end. and of the two ; unjust and arbitrary power , doth seem to be in processe ; or in ways and means ; much rather than in ends or things , that be effected by it . sure it was , at least it might be , good ; to build a gallant fleet of ships ; and so it might be just , that each should contribute , a part to such a publick work . nor was it only that , which then was taken from us , for a ship ; that made us sigh and groan , and cry , or fear our ruine ; or a universal deluge of oppression . but it much or mainly was we did not see the way , or mean , or legal process , which the court did take , in taxing , or assessing such a place , a county , or a person . and it was but thus in loans , and so in divers if not all , the things , we so abhorred in the crown : the thing , did not so much displease as did the way , or means , to such or such an end. i need not say how curious , or how scrupulous , and tender still our laws have been ; in pointing out the way as well as end : the process in the courts of justice ; as the final iudgements . so that indeed the very form , and life , and power , or substance of the justest laws , doth much consist in processe : which by some may be thought a shadow , or a ceremony ; left at pleasure for a blustring wind , or any furious hand , to shake as much , as long as it shall please . and then to salve it up , by saying to the root , we mean you good ; and do but lay you bare , that so you may the more behold , and more admire our iustice in the end : when all the boughs and branches shall be gone , that do but hinder all your prospect . i must but touch and glance . there is a trinity which all our laws do seem to worship here on earth : estate , liberty and life . of all estate , the dower of widows hath the greatest priviledge . for which the comments upon littletons first and fifth , with the statutes of merton ; and some clauses , of the great charter it self , for quarentine and dower , are good glosses , on the saxon laws ; or those already touched : and i shall not add one syllable . all estates have priviledge in law ; and all amercements must be such , as may consist with mens estate ; from alfred , edgar , ethelred , canute or edward , it did come to henry the first ; and thence to the great charter . where the law is plain and clear . no free man shall be amerced , but according to his default and estate : salvo sibi contenemento suo . which is so branched , that it reacheth to villains also ; though it speak at first but of free-men . hence the name of amercement ; because it was and ought to be an amerciament ; or a merciful fine . in which the saxons went beyond us , in their weregylds , and divers wytes : for which fleta , may be a comment to the laws of ethelstane , and others of the saxons . all this for end : but what must be the way ? how shall it be imposed : so that it may as it should be merciful ? 't is miserecordiu regis ; as the laws and books do speak : but the king doth not , may not fine , or amerce any , but in and by his courts of justice . so that to render ones self , to the kings judgment , is to no effect ; and so adjudged . for as the father , judgeth no man ; so the king , ( who is or should be father of the country ; ) but he hath committed all judgment unto men , that are our fellows , ( pares , ) in the courts of justice . vvhere indeed the king , did sometime sit in person ; yet the court did judge ; and not the king ; as fortescue doth plainly tell us . and the judgment still is entred from , and by the court , ( and not the king ) ideo consideratum est per curiam . and so the great charter saith , we will not go upon him ; nec ibimus nec mittemus ; but by legal judgment of his peers ; vel per legem terrae : and of this last clause i never saw a fuller comment , in a few words , than in mr. seldens notes , on attaint in fortescue . but of all iudgments , to be made by peers somewhat was said before in henries laws , and more again ere long . and for fines by courts of justice ( not by the king , ) and amerciaments by peers ; besides the comments on magna charta ; there are divers book oases cited from henry the fourth , henry the sixth , richard the third ; in the fourth part of institutes , kings bench ; to which may be added greislies case , in the eighth part of reports . and the first of westminster doth add to the great charter ; or at least explain it , in this . but the mirror will tell us , it was an abuse , not to expound it , so largely before . and although the vvrit de moderata misericordia , ( in the register , and n. b. ) be founded on the statute ; yet it seemeth clearly , but in affirmance of the common law. as appeareth , not only by bracton and fleta ; but by glanvil , who did write before the charter : and by all the saxon laws , which were the samplers to king henry the first . but how tender our law hath always been , in matters that concern estate or liberty may well appear by all the executions , grantable for debt or dammages . the merchant and the staple , statutes are and were by statute , not by common law. they seem as sweeping rain , and storms , that drive away the body , goods , and lands in fee , ( at time of recognition ; or accrewing since : ) but none in tail , but during life of him that was the cognisor : nor copyhold , or goods or leases , for a term of years ; but only what was in possession , at the execution done . they are fore-known , and therefore may be well avoided , by all such as do not choose their own destructions . and there is a tender care in law , not only of exact , and punctual recognitions ; and recording of them , but in case of forfeit , upon a certiorari , sued forth from the chancery ; and not before return thereof , a capias , shall be granted ( on the statute merchant ) for the body only ; if it be a laic : and if laic be not found , ( and so returned into the kings bench or common pleas ; ) then on pauze of divers months , the exigent may be awarded . but in statute staple , on the first return of certiorari , may the execution issue forth , returnable into the petty bag ; of all it seems the worst , in this . but the merchants court , aequitatem summam desiderat : although a kind of peepoudres ; as bracton and the notes on fortescue . upon a recognizance a capias doth not go ; before a scire facias be returned into the chancery . then a capias or a fieri facias or an elegit ; at the choyce of cognisee ; as in other common judgements . and of these the fieri facias is the mildest , and the oldest , by the common law. it toucheth goods and chattels only : such as are the parties own ; not lent by , or leased to another . for although the sheriff find them , in the parties use and full possession , as he thinks ; yet may he be a trespasser in taking such ; and so may run the hazard of an action ; ere he be aware . nor did the old levari facias , seize the land : but corn , or that which grew thereon . an elegit , hath its name from his election , or his choice that sues it out : who so concludes himself from other executions . this did come by statute ; not by common law : and toucheth half the fee , and all the goods ; but yet with salvo to contenement : he must not lose his oxen , or his cattle for his plough ; for then he cannot live and keep his family . so tender is our law , for all estates and livelihood . nay this extent must not be made by sheriffs ; ( who may not divide a right ; ) but by a iury of inquest . and so must be returned , and preserved on record ; ( as the first capias , with all mean processe must , ) or else , it shall be nothing worth : as may appear at large , in the fourth and fifth parts of the great reports ; hoes and fulwood ; with divers other cases . and the second of westminster , that giveth this elegit , doth require both extent of lands , and prize of goods to be reasonable ; that is by inquest of twelve and so returned of record . as is cleared in the commentator . see also littletons parceners . a capias ad satisfaciendum , taketh the body ; but it is by statute only : for it did not lye , by common law , in debt or dammages ; but only where the original action , was for forceable trespass ; vi & armis . which is now , crept into every trespass . but of this sir william herberts case , in the third part of reports . it may be forbidden again by statute , as it was first granted : and that justly too for ought i know ; if other course be taken , for the payment of just and reasonable debts . for the capias ( as now managed , ) is a great mischief , and divers times , to the utter ruine of the debttors whole family . and yet but very little advantage to the creditor : except the debtor escape ( and so the sheriff come to pay the debt ; ) or except he dye in prison , and the plaintiff get an elegit , for the debtors goods at his death , or half his fee-simple , which he had at the time of judgement or after it . for an action for debt or dammages , doth but respect the person ; and the law attendeth not ; what lands were enjoyed at the original , or before the judgment . but an action , brought against an heir , may aim at land , and so may charge it ; although he aliene while the suit dependeth . neither shall i need to add , that all these executions , must be sued out , ( for this is required by law , except in the kings case : ) within one year and a day after judgment . yet they may be continued after ; and by a scire facias , be renewd or repealed ; till the judgment have full execution . but this was also given by statute : and to this may the debter plead , although he cannot plead against an execution . yet , it may be suspended by a writ of errour and recognizance , according to the statute of iames , and caroli . and without a writ of error , after judgement , if the defendant have matter to discharge him of the execution ; still the law is open for him . and he may relieve himself by a writ of audita querela . and in case of elegit , as soon as the debt is satisfied ; the debtor may enter on his lands again : and if he conceive the creditor satisfied by casual profits he may bring a scire facias ; upon which the creditor may clear , how much he hath received of the debtor's estate . unto this occasional discourse , i shall only add that grand maxime of our law , that executions ought to be more favourable , than any other process of law whatever : of which the great judge upon littletons releases , and the second of westminster in edward the first . and for executions , for the kings debt's ; restrained by the great charter ; i have little to add , to the comment on the eight chapter of that charter . but the twelfth of articuli super chartas , hath afforded a writ commanding the sheriff to accept of sureties : else an attachment lieth against him ; or the party may bring an action against the shetiff , that refuseth sureties . it is a maxime in law , that a mans house , is his castle : so that the sheriff cannot break it open for an execution . but upon a writ of seisin or possession , the sheriff , ( and other officers , upon suspicion of treason or felony , ) may break open an house ; and so also in common executions , where the king is a party . but in all such cases first the sheriff must request the door to be opened . and the first of westminster , doth also require solemn demand of beasts driven away into a castle or fort ; ( which is a kind of vetitum nomium which may be regained . by withernam . ) which case i cite the rather , because of the militia . for in such a case the sheriff or bayliff shall not only force his entry , by the posse-comitatus into such a castle ; on the suit of a subject : but it may also , come so far , that the said fort or castle , may be beaten down without recovery . and although it be said , it shall be done by the kings command ; yet it is well known and seen by experience , that it is , and always was by order of the courts of justice : and for this semain's case , in the fifth part of reports , may be very well added to the comments on the first of westminster . by which we see how much the very forts and castles or militia , must be subject to the courts of iustice : not the king only , but in and by his courts ; especially the parliament , that may command , controul and over-rule , all other courts . how tender the law is in case of estate , forfeit by alienation , i have touched before , much is to be added : nay in the worst and lowest estates by tenure of will , ( of which somewhat also before , for a fine reasonable , &c. ) as by copy ▪ where alienation , and wast against the custom , with other cases ( in the fourth part of reports , ) may forfeit to the lord : but he cannot out his tenant at pleasure , ( especially him that sweareth fealty ; ) but the said tenant may sue his lord , or bring his action of trespasse . for offices forfeited , by bargain and sale or brocage ; the statutes are clear and just . to which may be added the comments of littletons estates conditional : as also for forfeitures of conditions . it is expresly provided , by act of parliament , that no sheriff or any other person , do take or seize any mans goods , ( much less may he take his lands ; ) for treason or felony ; until he be duly convicted , or attainted by trial , confession or outlawry upon pain to forfeit double ; to the party grieved , nor is this only in richard the third , but in the first great charter , and before it also , as was touched before . among the saxons none were outlawed but for capital crimes : we find it often , in the mirror , and in such the out-law might be killed , by any that met him ; ( as might any man , attainted of premunire , that vast chaos of confusion ; till queen elizabeths time. ) i do not find any outlawry below felony till about the barons wars ; and then it came not below an action of forceable trespass , vi & armis . but ( in the common pleas ) it came to lie upon account , debt , detinue , covenant , and other petty actions : which the mirrour would pronounce a most great abuse . but in edw the third , there was some amends , in providing that none should kill an out-law , but a sheriff only with lawful authority . yet in inferiour cases , land issues might be sequestred , in the kings hands till appearance , or reversal . only in treason and felony , it forfeiteth as much ; as attainder by judgment . but it may be pleades and reversed divers ways . and a petty misnomer or a misdate , is ground enough to reverse it ; by a writ of errour . and of this the books are full . but nimin's case is a criticism in chronology . one of the sheriffs returns was dated on the th . of iuly in the second and third of phil. and mary ; but it was declared , there could be no such day , but in the d . and th . year , ( which was only , between the th . and th . of iuly : ) yet this was enough , to reverse an attainder of treason , by writ of errour . and in favour of life , our law admitteth pleas to out-lawries in capitals ; there where in other cases must be brought a formal writ of error . i cannot deny but even by the common law , upon indictment for treasom or felony , the goods and chattels might be inventored : but not seized as forfeit till conviction . nor are lands and tenements forfeit , till attainder by judge - and in case of appeal , ( which related no time ; ) that is only forfeit , which is possessed at the iudgment . but upon indictment ( dating the crime , ) the forfeiture will reach to the crime committed : although there be alienation before judgement . but no forfeiture before conviction ; no seizure before indictment . and the book of assizes telleth us , the judges took away , a commission , from one that , under the great seal , had power to arrest and seize on goods , before indictment . and how tender our law was , in this for estate , it may be seen at large in bracton and fleta ; with the old writ , not only in them , but in the register also ; relating to the great charter , forbidding all disseisin till conviction . yet it requireth the sheriff , per visum suum & legalium hominem , to apprise and inventory , all the offenders chattels , but with a double salvo , both for safe keeping them ; ( and for this security was to be given by the bailiffs or the township ; ) and for maintaining the person in prison , with all his necessary family . salvo tamen eidem capto , & familiae suae necessariae , quamdiu fuerit in prisona , rationabili esto verio suo . which was not only meat but cloathing , &c. as hath often been adjudged in edward the third , henry the fourth and other times . see the third part of institutes , cap. . it will not be long i hope before god stirreth up our governours to reform the crying sins , of this kingdom ( and not only gaolers ) in our oppressing grinding prisons . but the heathen moralist hath also told us , that divine wheels , are also grinding , and will grind to powder ; though they be slow in motion , as unwilling to revenge . it is true , that prisons should be by law , both safe and strait custodies ; nor should they admit such wandring abroad as some mens mony doth procure . but although recoveries on record ; ( much lesse discents ) do not bind men in prison , or conclude them for want of claim : yet upon motion prisoners may and ought to be brought to the court , in suits or actions against them , in case of judgement ; or where ever else , they ought to be in person present . and for this i may only referre to the commentator on the continual claim ; and the cases by him cited . how unwilling our law was to empair our liberty , was touched before in the capias on debt . and although some latter statutes do out-go our common law for imprisonments ; yet it is still received , for a general maxim in law , that prisons should be custodiae , not poenae . and where ever any man is unjustly in prison ; the law affordeth him , more ways of getting out than his enemies had to get him in . he may have an habeas corpus ; and he may have a writ de homine replegiando . he may have an action of false imprisonment . and may found an action on the great charter : or on it , may cause his unjust friend to be endicted . and the writ de odio & atia , was again revived though by statute once it was forbidden . and for these with bayl by judges or justices ; replevins by sheriffs , &c. we have the judgement of all the judges on articuli cleri : and the comments on the great charter ; with the statute of marlbridge , and the first and second of westminster . to which we may add the old records , cited by the great judge ( on littletons rents and releases ; ) for minors and women with child , being excused from imprisonment ; not only in judgment on trespasses , but an appeal of robbery . more curious yet , and tender is our law in all that toucheth life . the mirror is full of complaints , that in his time , ( and horn did live about king edward the first or rather the second for he nameth edward the first : ) some sins were made mortal , which were but venial . at was rape ( with him ) till edward the first . but none ( saith he ) can make a venial sin , mortal , by any statute without consent of the pope and emperour . and besides the saxon laws cited before , it is considerable that one the first normans ( called conquerours ) laws so often confirmed since , was this , that no man should be hanged or put to death for treason or other crime : but lose his eyes ( or be exect ) or some way dismembred that so he might be a living monument and spectacle proditionis & nequitiae . and of such there are many precedents , and of some banished ; but of very few hanged or put to death till about the time of fitz-osborn cited before . and rape was punished with loss of eyes , and exection ( in bracton ) before the statute of westminster . the second but in glanvil , it seemeth to have been as mortal as murder or burning . from the monk of malmsbury we find that the laws of henry the first , did punish this and theft , with loss of eyes and exection . but of this mr. seldens ianus , and his notes on hengham , shew the like customs , continued in winchester , and walingford . hanging is a late punishment for theft , but some kinds of felony did lose the head. and for adultery the woman of old did lose her ears and nose : but she was burnt to death , for killing her husband ; which caesar also observed of the british gaulish druids . but our ancestors allowed bail , in cases very high and hienous ; ( we must speak of treason in another place , ) that i say nothing of sanctuary , abjuration and clergy ; which was much larger than later statutes have made it . but of this for rhe peers in special ( although they could not read ) see the first of edw. the th . and a later statute of king iames , for burning and whipping of women who could not be clerks as men . it may be considered how our english mercy , may be continued some other way ; if this be put down . which is very disputable , and the plain truth is , it was much at the ordinaries pleasure . for they were not fined , for refusing to come before the justices ; who yet might reprieve the prisoner , in case of such refusal . and in case of sacriledge , it hath been declared at the ordinaries choice to give or deny clergy , for which an old record of edw. the d. is to be added to poulters case , with cawdries and biggens in the th . part of reports . this case of sacriledge is very considerable , being of all the most forlorn ; for being denyed the priviledge of sanctuary , it could not abjure . for this was appendant to sanctuary : whither the offended did first fly and then abjure . by the old law the person abjured must banish himself , into a forreign ( yet a christian ) country . but in henry the th . he was removed to some other english sanctuary . and in k. iames if it is taken away ; but what was allow●● in th . of elizabeth , which remaineth yet , ( without sanctuary ) for ought i know . but to all antiquities for abjuration and sanctuary in the mirror st. edward's and the saxon laws may be added , those of molmutius the old britain so long before christian religion . of whom before , and yet again ere long . pain fort and iure ( the pressing punishment in case of standing mute in petty treason and felony ; ) with martial law ; are not so old , as our ancestors mercy . yet in this they are merciful that they do not forfeit estate ; or attaint , and corrupt blood as do other capitals . but when shall we live , to have no need of that novel pressure , of law martial ? when shall we again return to our fore-fathers tenderness in all of blood ? and that not only in pitty but policy , both in this and other nations . who could else have made no great title to many of their best slaves in gallies and other employments . which yet were not so good as our mines might prove , if at least they were known how to be found , used and improved : as they may , and shall i hope ere many ages more are lost , or worse than lost , in hating , spoiling , killing and devouring one another . but of all little islands near us , the isle of map ( a very famous place of old , and a distinct kingdom of it self ; though appendant to this conquest , ) seemeth to be worthy of enquiry , for their laws and customs . which are very much , more compendious , than ours , in some cases of law , with all pleadings and process . in criminals they have strange customs it being with them more capital to steal a pig or a capon , than an horse or an oxe . one reason , is because they love plain dealing , and be open-hearted , and they hate the man that steals and hides , much more than him , that doth it in on open way . i find it in a very good author , and a great lawyer ; who reporteth them , to be industrious and religious , true and very free , from begging or stealing . all controversies are determined in little time ; with less expence , pleading or writing . yet in cases of unusual weight and doubt ; they have recourse to twelve they make and call the islands keys : being above their common deemsters ; whom they choose from among themselves . their bargains are compleated and comfirm'd , by the giving and taking , of as mean a matter as a straw : as of old also per traditionem stipulae , from whence the phrase of stipulation came . but these were moulded also by our british druids ; or of later date , our saxon ancestors . i need not speak , how curious our fathers were , in all their process , touching life : the way was still as punctual , as clear , and plain , as was the end. they loved to be just ; and to do justly . doth our law condemn or give power to condemn any man , without hearing ; or due summons to judgment ? i hope it never will. a great man of a good name , standeth upon record , as by parliament , condemned to death , without hearing ; or legal summons . but there is a blush , or a vail of oblivion , drawn upon it , by good writers , as a stain and a shame , to the parliament rolls : yet as a just judgment on him , that had first moved , that another , might be so condemned . and he so perished , by that law , which he would have made for others . this seemeth also , to be written in the law of nature . and doubtless , the sins of sodome were as notorious to god , in heaven , as any others , can be , to men in parliament . and yet , he would , and did , go down , to hear , and see , and proceed in a judicial way ▪ nor would he condemn or execute , before he had , not onely , cleared his justice in himself , or to his angels ; but also to abraham , lot , and other lookers on ; that he still might be justified , both when he judgeth , and is judged . for he still did , and will , put his actions on man's judgment . this process also towards sodom , is by many of our old lawyers , brought for the pattern of our laws ; in that especially , that none may be condemned without a legal hearing . and in this , and divers other things , do bracton and fleta borrow much from the laws of henry the first . and be the matter of fact never so notorious ; yet may there be some plea , that no man can foresee , or ought to forejudge before he heareth ; for all men may plead necessity , or force upon themselves ( as well as right and law ) for any thing they do amiss . and for this , and other reasons , the law doth suppose all men to be just , or excusable , till they be legally heard and adjudged . this difference , there is between the judges and the law-makers : for these ( they say ) do suppose all men to be evil ; but the judges should suppose all men to be good till they be proved to be evil . the charge and accusation , by the law of nature , ought to be clear , distinct , and particular , ( with time and place , or other circumstances ) else the party accused cannot discharge himself . universalia non premunt omnino , vel opprimunt ; generals do not press at all ; or else , they are apt to oppress . the witness , and the evidence , must also be so clear , that these must condemn rather than the judge , who sitteth as counsel for the party accused ; that so , he be not oppressed by , or against law. and besides the judges , ( in most cases , and in those also of life , in scotland ) there is counsel allowed by law , which may , and ought to be heard in particulars of law , or whatever may be justly disputable ; as treason is by statute . so , that of all crimes , by express acts of parliament , it ought to have no tryal , but clear and plain , according to the course and custom of the common law. in such cases , therefore , should the iudges ( both in law and conscience ) sit , and be , instead of counsel to the party . this they owe to every subject , though they had a special obligation to the king. who , to his own rights , ( and therefore to his wrongs ) was an infant in law ? and so expresly declared in the old mirror , besides other books . his politick capacity never , but his person ever in nonage , or supposed so in law : for it may be a child , or a woman not able to know the laws , and therefore always had , by law , a legal mouth assigned , in counsel of law ▪ and so might any man else ( of old ) it seems , for matter of demurrers , before judgment ; or for framing of legal appeal ( by writ of error , or some other way ) from any judgment whatsoever . it is also the law of this kingdom , and of nature , that though there be no councel assigned ; yet may any , in a good manner move the court to keep the party from injustice , or the court from error ▪ as stanford , and the d. part of institutes , cap. . , and . and in such cases it may be excused ( and not censured for rash zeal ) if some do , or shall appear , where or when , it may be thought they be not called . neither can the whole parliament of england , i suppose , make any court to condemn without lawful accusers , or lawful witnesses ; which , by express acts of parliament , is most especially provided in case of treason , in king edward the sixth , and queen maries reign : and tryal of treason , was most expresly tyed to the course and custom of the common law. nay , in full parliament of hen. the viii . it was declared , that attaint of treason , in , or by parliament , was of no more force or strength , than it was , or ought to be , by the common law : or this as good and strong , as that by parliament . nor can the whole parliament , i think , by the law of nature , and right reason , make any ( children , ideots , or all others ) whatsoever , to be , so much as accusers or witnesses ; that i say not indictors , tryers or judges . by express acts of parliament , in philip and mary ; edw. vi. hen. viii . hen. iv. hen. i. ( for , to him , doth the mirror , and his laws , lead us as to a clear crystal fountain of our law process ; ) none should suffer , for treason or other crime , but by lawful accusers , lawful witnesses , before those , that by law , might receive indictments ; which , with all enquest , are to be made , by honest , lawful , able men , neighbours to the fact. and the law of nature , with the law of the kingdom , giveth any man leave to except against some for accusers , others for witnesses ; and many for tryers . it being the known law of the land , that one may challenge the array ( either the principal pannel , or the tales ) as well as the polls ; and that the lowest subject , must be admitted , if he require it , to a perremtory challenge of divers , ( it is now , in most capitals , limited to . but in treason , it is , as at common law it was , to juries , or ) which may be challenged , without any particular reason . and the law of nature also seemeth to hear all reasons , and just exceptions , against any whatsoever . nor , shall i need to shew , how sutable our law is to the law of nature , in providing , that no infant , ideot , alien , abjured , perjured , or attaint , outlaw'd , or in premunire be of any enquest , or iury ; especially in case of life and death . and for tryers , besides all other exceptions ; this was thought enough that any of them had been indictors : which maketh fortescu so much to glory in our law , that putteth no man to death , but by the oath of four and twenty men . i should mispend my time to shew it to be the great law of the kingdom , as well as of nature ; that none may be iudg , and parties , in their own cause ; which may ere-long be found perhaps , to be the reason , of the three estates ; and very much of our common law , which is punctual in nothing more , than in providing for a clear distinction of accusers , witnesses , endictors , tryers , and iudges , especially in cases of treason ; which upon divers motions , of the commons in parliament , have been so often enacted and declared to be onely tryable by the course and custom of the common law , and no otherwise . nay , in parliament it self , and parliament men , there was , and for ought i find , always , the like course observed . for , in case of a peer , the custom of the kingdom is , to proceed by a special commission , to one as lord steward , and others ( at least ) for a iury of tryors ; besides accusers and witnesses ; and a formal indictment . and all from record to record ; or all this is illegal , if it be onely by the house of peers . if charge come from the house of commons , they are as indictors , being more than twelve sworn men , trustees to the whole kingdom ; and neighbours to the fact , or party , or both . to which also there must be a legal proof by lawful witnesses , or else the charge will not suffice . and in such indictments , from the commons ; the lords are the tryers ; and the king may seem as the iudg ; but in other courts also the judgment goeth of course upon the verdict ; and must be entred per curiam , ( as adjudged by the court ) although there be but one judge ; or tho' his mouth pronounce not the sentence . but we are not yet come , to debate the king's consent , to the lords judgment ; an indictment from the commons it is also to me very considerable how the house of commons could , or ever did indict . i cannot deny them to have been a court , and a court of record ; ( although some have seemed to question it ; and their records are not so ancient as some others . ) but i have not fully understood how they ever did make , or receive a formal , legal indictment ; when as they did not give a single oath , much less , empannel a iury , or enquest . yet some , there be , that without a writt , or any written commission , did and might do , this , virtute officii : but they be known , chosen , sworn officers of the kingdom , for such purposes ; as the peeples bayliffs , coroners , sheriffs , escheators ; and some officers about the forest ; who , by the common law , did summon and empannel juries . but so did not the house of commons . how then , did they indict ? of all crimes committed in the house , they are , and were , so much , the sole iudges , that they seldom use , to complain , much less to indict any other . and for any thing done abroad , i hope , they do not use to take rumours and reports ( though from their own members ) to be sufficient for , or equivalent to a legal indictment , on oath : seeing their scarce is , or can be any case so notorious , but it may be pleaded unto by somewhat of law , or necessity . and although i should yield the commons to be the masters of the law in making it ; yet they pleased to allow others , to be iudges in their laws . and if they reassume this also , yet it may be more easie to judge of some law , than of any fact ; at least as it may be cloathed , so as a curious search , or enquest , may be requisite to lay it clear and naked . neither can i see , how it may be necessary , to proceed against any by force , or illegal process , when it is easie , as well as just , to go rightly , as to do right . for who can imagine a case so dark and intricate , but it may be contrived so , that particular men may be accusers ; and others witnesses ? with a clear and real distinction between indictors , tryers , and iudges ? most of all in cases notorious and evident . for in such there may be less fear of the iuries verdict against evidence ; or of the iudges sentence against the verdict . or if this should happen in a tryal ; is there not a most heavy doom appointed by law for all iurors that forswear themselves , and goe against their evidence ? is there not a clear way of relief , by writ of attaint ? is it not worse than death , to forfeit all estate , and be thrown into prison ; while both wife and children must be turned out of doors and all ? for his house must be pulled down , his ground be plowed up , and his trees rooted out ; with loss of franchise ; and with a perpetual brand of villany . this is the common law for a perjured iuror ; and that also in petty cases : how much more might it be just in case of life and death ? and for corrupt iudges , our law is very severe ; altho' we have much lost the custom of the grand eyres in this also ; & king alfred be long since dead ; who hanged or more unjust judges , than cambyses flead . and for that the mirror may be a good comment on some passages , in alfred's life , by asser : and if it be true , that horn lived to the end of k. edward ; it is much wonder , that on such occasion , he did not also mention some of those judges by him so punished ; when there was scarce any left but good iohn of mettingham , and elias of bechingham . and of this the dissertations of fleta may be added to all before ; as that of sir william thorp and the great judg , in the third part of institutes , about corrupt iudges , and the iudge's oath . it is very considerable , how curious the iews were in creating , or rather ordaining of judges . for indeed the phrase of ordination seemed to be first raised from them. for which i have little to add to mr. selden on the eutychian , or alexandrian antiquities , ( as old as st. mark the evangelist . ) nor can it be denied but the jewish judges and magistrates had a very good right ; and so used ( as we find in the books of moses , and the kings , and tirshatha's ) to read and expound the law moral as well as iudicial . nay , in this , they seemed to have some advantage of the priests , or levites that had work enough most times in that which was but ceremonial . this may expound those pieces of scripture , old and new ; where we find some explaining scripture ; being neither priests , nor of the tribe of levi. and the iews punishments , of evil judges , are severe , and most remarkable ; nay , where all others were again restored to their offices after corporal punishment , their lord chief iustice or president of their sanhedrim , or any chief iustice , could never be restored again after such punishment ; no , not to be as one of his inferour colleagues . so just he ought to be and circumspect by daily experience , added to his own wisdom . our laws are so just , and so good , in themselves , that there could not be be so much cause of complaints , in all our gates , ( for such were the iews courts of iustice ) if our judges were such , as they should , and might be . and yet i cannot deny but that there be very great abuses among the lawyers , and attorneys , or solicitors ; but if the judges were as just , and wise as they may be , inferiour officers would soon amend , or comply for love or fear , so much as would prevent complaints and many of their causes . but it is the work of a god and not of a man , to reform abuses , in all courts of justice . hercules did never cleanse so great , so foul a stable , or a stall ; yet in this also , a wise and just parliament , will do much , and will need none of my help , or advice . how tender all should delegates be , in making delegates : but in nothing should they be more tender , or more circumspect , then in this of making judges ; for in these of all delegates , our law is most scrupulous . before the statute of merton , those that held by suit service , were bound to appear in person , because the suitors were judges , in causes not their own ; but by that statute , they had power given , to make attorneys ; but it was only , ad sectas faciendas , to make , or follow suites for them , but not to sit as judges : for , ( as the commentator addeth ) they could not depute , or make attornies in a place and act judicial . i will not , i cannot say , the commons of england cannot choose , or constitute their judges ; but this i say , or believe , their delegates ought to be exceeding curious ( i had almost said , exceeding scrupulous ) in making judges , and in bounding them to law , and justice , both in way , as well as end. i must again repeat it ; that it may not seem enough to settle judges , just and wise and good : nor only to provide , that they may do what is just ( i speak of end ) but men are men , and ought in cases of such consequence , to have their way , their rule , and square , ( by which they must proceed ) to be prescribed in their patents or commissions , that they may do justly too , as well as what is just . to me it seemeth to be reason , or the law of nature unto men , that the supreme court , should so limit all inferiours , that it may not be left at large , to their list or pleasure , to condemn or sentence without hearing , accusation , witness , or without such process and tryal , as shall be clear and plain , and so prescribed in the patent or commission . if it be not so done , and expressed , i know not what appeal can be , but from the court , before judgment : for , what appeal , what writ of error , or what plea can a man frame upon their judgment , who have no rule , no way of process prescribed , and so cannot err , transgress , or exceed their commission , no , not if they should without all accusation , proof , or witnesses condemn one to be sliced and fryed with exquisite tortures . they are judges , but unlimited in way of process , infinite and purely arbitrary . no they are men , and so they must be rational and iust ; which was presupposed by them that gave so vast power . they may be iust indeed , and so they should , but yet no thanks for this to their commission , if it do not bound , and limit out their way and manner of process , as it doth their work , and object , or their end ; which was the wont of english parliaments , who were just and wise themselves , that they did see or fear it might be possible for their committees , to be most unjust and arbitrary , if they were not most exactly limited . of all commissions , none were more curiously drawn and pointed out by our ancestors , than those of especial oyer and terminer ; because the cases were not only heinous ( so they ought to be ; ) but such as for some extr ordinary cause emergent , seemed to be as it were extra iudicial , and such as could not stay , and abide the usual process of the settled courts of justice . yet of these also did our fathers take most especial care , that they might be iust ( in way as well as end ) and that they might not be too high in iustice ; for it seems that they had also learned an usual saying of the antients , summum jus est injuria : so that in divers of the saxons laws , we find high iustice ( summum ius ) to be as much forbidden as injustice . and i should tremble at it , as an ill omen to hear authority commanded , the the kings bench or any other court , should be now stiled the bench of high-iustice : for in iustice , the higher men goe up , the worse , or so at least it was esteemed by our ancestors . their constant limitation was in every such commission , thus and thus you shall proceed ; but still according to the laws and customs of england : secundum legem & consuetudinem angliae ; and no otherwise , that is , as fortescu will say , you shall be pittiful in iustice , and more merciful then all the world , besides this kingdom . and if such a limitation were not expressed , this was enough to prove the commission , unjust and illegal ; which is so well known to all lawyers , that i need not cite n. b. or the register commissions , or scrogs's case in dyer , or so many elder cases , in edward the d. henry the th . and almost all kings reigns . nay , in king iames , among the great debates of uniting scotland to england , when it was driven up so close , that instead of secundum legem & consuetudinem angliae , it might be secundum legem & consuetudinem brittanniae ; it was resolved by all judges , that there could not be , that little change but of one word ( that doth so limit such commissions ) but by consent of parliament of both kingdoms . and in divers parliaments of ed. . ed. . hen. th . there were many statutes made , to limit all commissions of oyer and terminer ; as that they must never be granted , but before ; and to some of the iudges , of the benches , or of the grand eyre . nor those to be named by parties , but by the court : and with this usual restriction according to the known clause of the statute of westminster the d. in the reign of edward the st . but the printed statute must be compared with the roll , and with the d of ed. the d. for else , there may be in this ( as in other printed acts ) a great mistake , by leaving out , or changing one particle : for that clause , except it be for heinous offence , hath such influence into all the words before ; that by the known common law a supersedeas doth lye to such commissions , quia non enormis transgressio ; as the register may teach us . and although by law there may be granted a commission of association ; with a writ of admittance , of others , to the iudges , assigned for oyer and terminer : yet in all those commissions and writs the rule must be prescribed , quod ad iustitiam pertinet ; and that also according to the law and custom of the kingdom , which is so much the law of nature , that i need not wonder at the great judg , who in all his institutes , and so many reports , maketh those words absolutely necessary to the work of a lawful commission . and for more prevention , or redress of injustice and arbitrary process , were our ancestors so punctual in requiring records of all proceedings in the courts of justice ; which is so agreable to reason , and the law of nature , that the whole parliament of england , as i humbly conceive , cannot it self proceed in matters of highest concernment , but by record . much less can it licence other courts , to be without , or above record in such affairs . it is so well known to be the custom of the kingdom , that i shall not need to shew it in the statute of york , in edw. d . and many others , in affirmance of the great charter , nisi per legem terrae ( but by the law of the land. ) and in edw. d. it was , in full parliament declared to be the law of the land ; that none should be put to answer but upon presentment before iustices , or matter of record . and the d . of westminster is very punctual in requiring records for all legal exceptions , ( as well as other matters ; ) and provideth , that in case an exception should not appear on record , the party must produce the iudge's seal ; which may be required by writ , and cannot be denied ; no not in such exceptions as the present court do over-rule . and for enrolling records , the same statute provideth , that the king should not erect offices , or elect officers for enrollment ; fot that by the common law this did belong to the courts themselves , and judges therein : as to the sheriff also , to elect the county clerk for enrollments ; so that the king himself could not elect him , as we find in mitton's case . so punctual is our law , in all , concerning rolls , enrollments and records . which is also the law of nature ; and for many reasons . as for that of appeal , to which all courts on earth must willingly submit . nay heaven it self admits appeal , from its justice to its mercy ; so it would to justice also by some writ of error if it could commit an error . but however , that its judgments may be cleared to be just , it also proceedeth by record . for god hearkeneth , as the prophet saith , when ought is good , ( when they meet and speak well together ; a record is made , and bound up as a jewel ; ) and when evil also , some are watchers to record it . for the books shall be opened , and we shall all be judged by the record of heaven , and our own consciences , which are now foul draughts , but shall then be as fair and clear as those of heaven it self . but in courts on earth , if there be no records , there is scarce devisable a legal traverse or tryal , whether all be right , or appeal if any thing be wrong . for what appeal can any man make from that which doth not appear ? but it is only a transient air or breath , which may as soon be denied as it was spoken ! how can errors , not appearing , be corrected or amended by the parliament it self , or any other court , but onely that keepeth records of all our thoughts , as much as of our words or actions . i may be tedious in shewing how our law hath ever allowed appeals in ecclesiasticals ; they were agreed in the assizes of clarendon in opposition to appeals foreign , which were first attempted by anselm , as some affirm , but the date is later . and the lord dier , of appeals , is now printed in the th . part of institutes . the judgment of delegates , on such appeals , is called definitive : and yet not so but that it may be all redressed by a court below the parliament : for which we have the commission of review granted upon the delegates ; nay and upon high commission it self , as by a clause in that commission appeareth . to which may be added killingworth's case , and divers others . of the court admiral , much i might add from the laws of olerom in richard the st . and the rolls of henry the d. and edward the st . of which also the commentator on littleton's continual claim ; and the chapter of the last part of institutes . how it lieth open to the common law , and to daily prohibitions , may be fully seen in its complaints to king iames , which were as fully answered by all the judges . it is no court of record , and so did all the judges declare in iacobi ; yet it must keep records enough to ground an appeal ; which lieth from thence ( as from courts ecclesiastical ) to iudges delegate ; of which the th of elizabeth , and other statutes . county , hundred , baron courts ; and those of antient demesne , ( with all close writs ) are not of record . the sutors are the iudges ( as was said before ) in cases not their own . and some have thought they did proceed ( much by fancie ) without legal proof and witnesses , till the great charter , commanding all bayliffs to put no man upon oath , without faithful witnesses . but we have found the charter long before king henry the d. and in that phrase of bayliffs ( which in france are governours and magistrates , as in eldest towns or cities with us ) some great lawyers include all iudges , as fleta with the mirror ; which also calleth coroners the peoples bayliffs ; and the sheriffs returns are de baliva . these inferiour courts being not of record , held petty pleas of debt or damages , under s : ( antient demesn had other prviledges ) but not of forceable trespass , vi & armis ( finable to the crown . ) yet these also must keep copies or some such records as may suffice for appeals . for they may be questioned , and their proceedings being denied shall be tryed by iury , and upon their judgments lyeth a writ of false judgment ; not a writ of error . but in the case of redisseison the sheriff is iudg by the statute of merton ; and a writ of error lieth on his judgment . but in case of debt , detinue , trespass , or other action above s. where in the county the sheriff holdeth plea by force of a writ ( or commission ) of iustices ; the sutors are still the iudges , and no writ of error , but false judgment lieth on them . nor doth the coroner's judgment of out-lawry in the county court forfeit goods till it be returned and appear on record ▪ nay , the coroners certificate , on a certiorari , did not disable the out-law ( although the king might seize his goods ) till the return of the exigent , quinquies exact . but a writ of error is proper to record , and from record , and a plea of nul tiel record is not tryable by witness or iury , but onely by it self in a court record . such are the sheriffs turns , and from them ( as from counties , hundreds ) came the court leets ; which may be held by prescription against the great charter : in which leets the steward is iudg ; as in the turns the sheriff and bishop was , till the first norman , who by parliament exempted the clergy ( as was touched before . ) but the laws of henry i. bring them again into the seculars . so also the th . of marlbridg ; and before it the laws of clarenden for all barons , or tenant in capite to attend the great court till sentence of life or member , which continued long in the parliament also . the turn enquireth of common nusance , and of felonies ; de furtis & medletis , whence our chance , or chaud medly ; hot debate or sudden fray : see the notes on hengham ) but not of murder , or death of man ; which alone ( of all felony ) belongeth to the coroner . he was a very antient officer , and ought to be made a knight ; for which the register and rolls of edward the d. where a merchant , chosen coroner , was removed , quia communis mercator . he must have a good estate , and might receive nothing ( of subjects ) fot doing his office. but by late statute he hath a mark on indictment of murder : yet upon death by misadventure he must take nothing . see the comments on the st . of westminster . the coroner's court is of record ; and he may take appeals as well as indictments ( upon view of the body ) and must enter them , but cannot proceed , but deliver them up to the iustices ( which is as antient as the great charter ) for the next gaol-delivery , or the king's bench sometimes also ; he is locum tenens to the sheriff ; and he standeth when the king dieth . when also so many think there is no sheriff ; but it may be more considered . i must not stay in the court of peepoudres , ( incident to every fair or market , as a court baron to a mannor ) although it be a court of record ; and a writ of error lyeth on its judgment ; for which iones and hall's case in the th part of reports , and in the th institutes . i need not speak of writs of error from the common pleas to the kings bench ; from the king's bench to the exchequer-chamber ; and from thence ( as from the king's bench also ) to the parliament ; or of the known statute of henry the th . making it felony to steal , withdraw , or avoid records , or any parcel of record . but of no records , is the law more punctual than in of extraordinary cases , of oyer and terminer , which were more private oft , and less fixed , being transient on emergent cases ; which yet being heinous , seemed to require most exact records , especially because there might be appeal so just and needful , if the judges exceeded but one tittle of their commission . if it were discontinued or expired , then the indictment and all records were to meet in their proper center at the king's bench : but in other cases records of oyer and terminer were sent into the exchequer . so in edw. the d. as in elizabeth , results on charitable uses , and the like , were to the chancery by act of parliament . the great seal was the soul to inform and actuate the body of records in all exemplifications from the rolls ; in all writs pattents or commissions ; and the rather also , that by this nothing of moment might be hudled up , but duly weighed and considered , while it passed so many hands and judgments as it should before the sealing . nor shall i add , that an act of parliament it self is not pleadable in a court of record , but from record , or under the seal ; whence the old custom was to remove the records of parliament by a writ of certiorari into the chancery ; thence , by the lord chancellor , into the kings bench ; and thence , by a mittimus into the common plea and exchequer ; with an usual writ commanding all the courts to keep and observe such acts of parliament , which of old were proclaimed by the sheriffs , and were put under the seal ; ( as we may see by the proclamation now printed among the statutes of edw. the d. ) and they were not hudled into print in those days ; not of such vertue in print as on record , and under the seal . for there were not then such printers , or copiers that ( without much caution ) our fore-fathers durst trust with all their lives and estates ; which by one dash of a pen the change of a not , a with , a to , a for or a from , might be soon destroyed or enslaved . much less then should a court of record be created but by record ; yea , and that be shewed under the seal also . for when the seal was moulded , our ancestors ordained that no jurisdiction should be grantable but under the seal , which should be known , and obeyed by all the people ; as the mirror discourseth at large . in edw. the th . it was resolved by all the judges , in the exchequer-chamber , that no man could be a iudg or iustice by writ ( which was also sealed ) but by open pattent , or a publick commission . but the lord chief iustice of england hath of late no such commission or pattent , yea a sealed writ ; and of old he was also created by pattent till about the end of king henry the d. if good authors deceive me not . it seemeth also somewhat disputable , whether he were not included in the statute of henry the th . for commissions to the judges , by letters pattent under the seal . however , the words are plain enough , for iustices of eyre ; which of old were also by writ , as those of oyer and terminer ; but now not to be but by comission , or pattent under the great seal . which commission should also be read and shewed in court lest there be some kind of demurrer , or exception unto jurisdiction , which hath been in some cases at the kings bench , and may be by law to all now judges by special commission , except it be produced under the seal , if the old books deceive us not ; who do do not onely ascribe all jurisdiction to the seal , but in all legal exceptions ever admit of that to the iudg , if he be a party , or have not jurisdiction , or be otherwise incompetent . that the parliament also will never erect or create any court of record , but by record , and open commission under the great seal , i do the rather believe , because the seal is so proper and peculiar to the parliament , being made by common consent ; ( of which the mirror , and others at large ) and by such common consent used and committed to the special care of the chancellor , or lord keeper of england , as he was called for keeping that which our fathers esteemed as the kingdoms key or clavis . it is well known how king henry the d. was brought to acknowledg , that among all great officers the lord keeper or chancellor did especially belong to the choice of the parliament : and ralph nevil among others refused to yield up the seal to the king when it was demanded , saying that he had received it by the common councel of the kingdom , and without their warrant he would not deliver it ; of which both matthew paris , and matthew of westminster . from the continual use of this seal in parliament , it is the law and custom of the kingdom , that the lord keeper shall have place in parliament still to be there with the sael ( although he be often no peer , and have no vote but ) for making and sealing of charters , pattents , commissions and writs framed by parliament . for although the register ( made or continued by parliament , ) be now so full that there be little need ; yet the framing of new writs was a great work of old parliaments , as appeareth in the books and statutes , as in that of westminster the d . de casu consimili . and as if the parliament had made no laws at all , but onely new writs the old modus brancheth out all the laws of parliament into originals , iudicials and executives , which all know to he the division of writs ; those especially de cursu , drawn by the cursitors ; for brevia magistralia were let to be framed by the masters of chancery , as appeareth at large in bracton and fleta and in the oath of the six clerks , or other clerks of chancery in ed. with that of ed. . de casu continili ; in which statute it is asol provided , that if the masters could not agree in framing such a new writ , they might , if they saw cause , respit the parties till the next parliament , that so it might be formed by advice of all the great lawyers of the kingdom . yet besides this of making and sealing of writs , there was another work , and great use of the masters of chancery in parliament : which was the receiving of petitions , ( as the rolls of most times witness ) it being the old mode ; and others accounted it somewhat against reason , that petitions should be taken and brought into the house , by those that were to debate and determine them , and so might at pleasure keep them out , or too hastily might press them in . whereas they were to be filled up in course , and so to be debated as they were received , which was therefore entrusted to the care of known and sworn officers of the kingdom : although of late , their work in parliament be so strangely degenerate from that it was of old : when also beside receivers , there were some appointed for tryers of petitions , who ( as it seemeth ) were to enquire of matter of fact , expressed in the petition , that it might be cleared and rightly stated before it came to be debated in full parliament . i do not deny but these triers of petitions were most frequently some of the bishops , and other barons : but by this i am not convinced , that the lords had by right and legislative power , or were the sole determinors of all petitions , as some would infer ; or that they were the sole judges ; except also the petty jury that are tryers of fact , shall be esteemed the sole judges of matters of law. and yet i shall not deny , but petitions concerning abuses or errors in judicature were often deermined by the lords as the great judges ; but of error in the king's bench , as judges above the king , ( as was shewed before ) or from the exchequer . in queen ellzabeths time , for the seldom meeting , or great affairs of parliament , the writs of error from the king's bench were by special act of parliament to be brought before the judges of the common pleas , and barons of the exchequer , and by them to be determined . but with these express limitations , as the law shall require ; other than for errors to be assigned , or found , for , or concerning the iurisdiction of the said court of kings bench , or for want of form in any writ , process , verdict &c. and that after all , the records , and all concerning them , be remanded to the king's bench , as well for execution as otherwise , as shall appertain ; and ( with this express proviso ) that any party agrieved by such iudgment , in the exchequer , shall and may sue in parliament for a further and due examination . by which i do not see such parties agreed were absolutely tied to petition the lords onely , although it were onely in a case judicial . yet i deny not but in edward the d. there was a committee made of a bishop , two earls , and two barons to hear and determine all petitions complaining of delays or grievances in courts of justice . but with great limitations , so that they must send for the records and judges , which were to to be present , and be heard , and then by good advice of the chancellor , treasurer , judges ( and other of the council ) to make an accord ; yet so that all be remanded to the judges before whom the cause did first depend , who were then to proceed to judgment according to the accord of the said committee . and in case it seemed to them to be such as might not well be determined but in full parliament ; that then the said records or tenors should be brought by the said commitee to the next parliament ; it being the common law of the kingdom , and so expressed in all the old books , that all new , unwonted , difficult matters of consequence should still be brought and submitted to the judgment of full parliament , so that all our iudges did , and ought to respit such causes till the next parliament , of which there be almost innumerable precedents in all the rolls . nay , in richard the d . there was a committee of lords and commons appointed to hear and determine all petitions present in that parliament . but afterwards it was adjudged and declared , that such a commission ought not to be given ; committing or betraying the high power of parliament into a few private hands ; as we may learn out of henry the th . beside other times . yet the modi of parliament admit that some extraordinary cases , where the estates could not agree ( or the greater part of the knights , proctors , citizens , &c. ) there , by consent of the whole parliament , the matter might be compromised to . chosen out of all degrees , and to fewer , till at length it might come to . who might determine the case , except that being written it were corrected by assent of parliament and not otherwise . and this seemeth to be the law of nature and right reason , that delegates should not delegate others , which was one reason why the commons never made pracies as the lords did . nor might any committee so determine but there might be appeal from it to the parliament . nor doth the parliament it self conclude so , but that there may be appeal from its self to its self , even to its iustice if it erre , or at least to its mercy by some motion or petition . in one parliament of richard the d . it was enacted , that no man condemned by parliament should move for pardon ; but another parliament years after did annul this branch , as unjust , unreasonable and against the law and custom of parliament . for from this , which is the highest here , there still lieth appeal from its self to its self . for which also , by the laws and customs of the kingdom , there were to be frequent parliaments , that so the errors or omissions of one ( being still human , and therefore errable ) might be corrected and amended in another . by express statutes of edw. the d. we are to have parliaments once every year , and oftner if need be . they were of old three or four times a year , as may be found in all the old historians , speaking of the great feats in the militia in king alfred's time , they were to be twice a year ; and that at london as the mirror affirmeth , which we compared with the laws of the confessor : and i speak also of king edgars and canutes laws for the celeberrimus conventus ex qualibet satrapta , which the great iudg applieth to the parliament . eternity it self would be a burthen unto him that is not pleased with his being : so would omnipotence to him that is unhappy in his acting : it was therefore goodness in god to limit man , as well in doing as in being . it was also the wisdom of our ancestors to bound and limit out the being , acting , and continuing not onely of other judges , but also of parliaments . yet the old modi of parliament agree in this , that a parliament should not be dissolved till all petitions were discussed and answered ; and that after all there should be proclamation made in some open place , whether any had a petition or just address to the parliament ; and if none replied then it was to be dissolved . i need not shew the care of our ancestors , or former parliaments for most strict observation of their own good orders and customs of parliament , which are such so just and reasonable , that they well deserve a peculiar discourse by themselves ; and suppose it not impossible to clear them more by the practice and consent of most ages in this kingdom , which might also be useful for the times to come . and although it might be possible to find some of their old custome fit to be changed ; yet my hope is they will retain and observe such rules of right reason , good orders and customs as may still make this an happy nation ; and that they will be mindful of their great trust ; for which they are accountable : and however it may be in this world , yet they also must be judged at his coming , who shall bring every work into iudgment with every secret thing , whether it be good , or whether it be evil ? and i am not ashamed both to long and pray for his coming ; who is king of kings , and lord of lords ; the prince of salem , that is peace , as well as king of righteousness , melchizedek , the lamb upon the white thone . all the creation groaneth ; and the spirit and the bride saith , come lord iesus , come quickly . finis . by his highnesse the prince of vvales. charles ii, king of england, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing c thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) by his highnesse the prince of vvales. charles ii, king of england, - . sheet ([ ] p.) s.n.], [s.l. : printed in the yeer . "the lords willoughby, hopton, and culpepper, together with his highnesse secretary, or any two of them, are appointed to digest these heads into a declaration, and to present it to his highnesse in councell. dated julii, novo stilo, . charles p.". identified as wing c on umi microfilm reel "early english books, - ". reproductions of the originals in the society of antiquaries library, london (early english books, filmed twice) and the british library (thomason tracts). eng great britain -- history -- civil war, - -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no by his highnesse the prince of vvales. ordered by his highnesse in councell, that with all couvenient [sic] speed a declaration be made in h charles ii, king of england a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion by his highnesse the prince of vvales . ordered by his highnesse in councell , that with all convenient speed a declaration be made in his highnesse name , setting forth the reasons and grounds of his present appearing upon the fleet in action , which are to be : i. the establishing of religion according as is mentioned in his majesties agreement with the scots commissioners of the of december last . ii the mutuall performance of the said agreement ; and pursuance of all concessions on his majesties part therein mentioned . iii. the restoring his majesty to his liberty , and his just rights , and in order to it , a personall treaty with his majesty with honour , freedom and safety . iv the maintenance of the freedom and just priviledges of parliament . v the defence of the liberties and property of the subject against all violence and oppression whatsoever : and therein particularly the abolition of excise , contribution , free-quarter , and other illegall taxes . vi . the obtaining of an act of oblivion and indemnity . vii the disbanding of all armies , and the setling of a wel-grounded and happy peace . viii for the defence of his majesties just rights in the narrow-seas , the protection and security of the trade of all his majesties loyall subjects ; and the support of his majesties navie , and all the officers and mariners of the same . the lords willoughby , hopton , and culpepper , together with his highnesse secretary , or any two of them , are appointed to digest these heads into a declaration , and to present it to his highnesse in councell . dated julii , novo stilo , . charles p. printed in the yeer . an act enabling the commissioners of the militia to raise moneys for the present service of this commonwealth. england and wales. parliament. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e b thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) an act enabling the commissioners of the militia to raise moneys for the present service of this commonwealth. england and wales. parliament. sheet ([ ] p.) printed by john field, printer to the parliament of england, london : . order to print dated: tuesday the second of september, . signed: hen: scobell, cleric. parliamenti. with engraving of parliamentary seal at head of text. reproduction of the original in the british library. eng great britain -- politics and government -- - -- early works to . great britain -- militia -- early works to . a r (thomason .f. [ ]). civilwar no an act enabling the commissioners of the militia to raise moneys for the present service of this commonwealth. england and wales. parliament. a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - elspeth healey sampled and proofread - elspeth healey text and markup reviewed and edited - pfs batch review (qc) and xml conversion an act enabling the commissioners of the militia to raise moneys for the present service of this commonwealth . whereas by a late act of parliament , entituled , an act concerning the militia's in the respective counties within this commonwealth , it is enacted and declared , that all and every the persons nominated and appointed , or to be nominated and appointed by the councel of state as commissioners for the militia in their respective counties , are thereby authorized and impowered to do and execute all and every the powers and authorities granted by any act , order or ordinance of parliament , for raising of any forces of horse and foot , and dragoons , for the service and safety of the commonwealth of england ; and amongst other things are to take care and provide , that all and every person and persons who do , or shall finde or provide , and are or shall be charged with horsmen , footmen or dragoons , shall immediately furnish the said horsmen , footmen and dragoons so charged upon them respectively , with one full moneths pay , the same to be paid or reimbursed by appointment of parliament , out of , or by way of assessments or otherwise : be it enacted and declared by this present parliament , and by authority of the same , that the abovenamed commissioners , or any three or more of them do take care and provide , that all and every the person and persons charged or chargable as aforesaid ; and who have raised or shall raise , or send forth any forces as aforesaid , for the service of this commonwealth , do finde and provide one other moneths pay for every horsman , footman and dragoon so charged upon them respectively , the same to be paid or reimbursed by appointment of parliament , out of , or by way of assessments or otherwise as aforesaid : and because by the moneths pay above specified , no provision is made for the officers , voluntier forces , and other emergencies incident unto this service ; be it enacted and declared by this present parliament , and by authority of the same , that the respective commissioners of the militia of the several counties , cities and places of this commonwealth , or any three or more of them , be , and are hereby authorized to rate , tax , collect and levy , upon the several respective counties , cities and places of this commonwealth , by an equal and indifferent rate , one full moneths pay according to the proportion of one moneths assessment in each county , after the rate of ninety thousand pounds by the moneth , lately charged upon the several counties for the pay of the army ; which monies are to be assessed , collected , paid and disposed of according to such instructions as shall be from time to time given by the parliament or councel of state , and under the same penalties and forfeitures , as are limited and appointed by the said late act for raising ninety thousand pounds by the moneth for the pay of the army . tuesday the second of september , . ordered by the parliament , that this act be forthwith printed and published . hen : scobell , cleric . parliamenti . london , printed by john field , printer to the parliament of england . . a true discovery of a bloody plott intended to have been put in practice on thursday the of this present november, against some of the chiefe of the lords and commons in parliament assembled by bloody minded papists : as also a relation of intended insurrections in six severall parts of this land on the same day, discovered by thomas beale and by him presented to the high court of parliament in protestation against divers other libellous pamphlets printed already by false, scandalous, and lying copies. beale, thomas, th cent. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing b a). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing b a estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a true discovery of a bloody plott intended to have been put in practice on thursday the of this present november, against some of the chiefe of the lords and commons in parliament assembled by bloody minded papists : as also a relation of intended insurrections in six severall parts of this land on the same day, discovered by thomas beale and by him presented to the high court of parliament in protestation against divers other libellous pamphlets printed already by false, scandalous, and lying copies. beale, thomas, th cent. p. printed by the author, to bee presented to the high court of parliament, and are to be sold by henry walker, london : . reproduction of original in the british library. eng great britain -- history -- charles i, - . great britain -- politics and government -- - . a r (wing b a). civilwar no a true discovery of a bloody plott intended to have been put in practice on thursday the . of this present november, against some of the c beale, thomas a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion a trve discovery of a bloody plott intended to have been put in practice on thursday the . of this present november , against some of the chiefe of the lords and commons in parliament assembled by bloody minded papists . as also a relation of intended insurrections in six severall parts of this land on the same day ; discovered by thomas beale , and by him presented to the high court of parliament , in protestation against divers other libellous pamphlets printed already by false , scandalous , and lying copies . london printed for the author , to bee presented to the high court of parliament , and are to be sold by henry walker . . to the honovrable and high covrt of parliament now assembled . right honourable : vvhereas there hath beene severall pamphlets printed of this relation , one for john greensmith , the other for john thomas , both which your honours may be pleased to take notice are both false and impious , and as many doe conceive , composed rather by some papist , then any well affected person to the protestant party ; i am therefore importuned under your honourable patronage to present a true copie of it to the view of the world , that so people may not be seduced , but understand the truth . your honours humble attendant , ready to my last breath to doe service . tho: beale . a trve relation of a bloody plot intended , november . . by the way give me leave to take notice of one special property in the providence of god , which falleth out according to davids prayer , psal. . ver. . slay them not , lest my people forget it , but scatter them abroad in thy power , and put them downe o lord , our shield . the people of god are so subject to forget the goodnesse of god , that although he in mercy both discover the plots of their enemies , and prevent them , yet many times he is as it were compelled to suffer the enemies to escape the hand of justice , that so his people grow not secure . and herein the lord dealeth like a loving father , who having a spendthrift son , that by his creditors is cast into prison , comes , and unknowne to his son , dischargeth all his debts ( yet so , that the bonds in his knowledge , stand still in force ) and causeth him to be released , that thereby he might still make him afraid of running behinde hand againe . and after this manner it hath pleased god ( for ought i can perceive yet ) to deale at this time with the nation in this last discovery of that damnable and cruell plot which should have been put in practise the day of this present moneth of november . before i come to the matter , i shall first shew the manner of the discovering it , which was thus . on munday , the . day of this november , i was in my owne house at dinner at twelve of the clock , when i had dined ( having no imployments at the worke of my calling ) i tooke a little writing booke in my hand , which formerly i had written , and did intend to peruse it , and correct some faults , and supply some things wanting , but having no conveniency in my owne house , by reason of the frowardnesse of my childe , i thought best ( it being a calme day ) to goe into a secret field not far off , which formerly i had frequented for my owne private meditations , the field lyeth above oldstreete , betweene the way that commeth from the pest-house , and the way that commeth from brick-lane in oldstreete ; all men that use to goe that way , know that the first of those fields hath a common path , which goeth from the kings-gate at the further end of brick-lane towards the pest-house , over against this path , all the way on the other side of the field is a high banke cast up , which on the further side of it is shelving , like the side of a house eaves , and on that side the path is , it is straite downe like a mudwall , with a little dry ditch cast up on this side . on the farther side of this banke , i walked a turne or two , and as i had occasion i stooped , and on my knee wrote a word or two , and as i was stooping and writing , i heard a man hem , which made me looke if i could see him , and going softly up the banke , i perceived in the little ditch stood a couple of men , on the sudden i began to retire to my former businesse , but as i turned , i heard them speake of state affaires as i thought , which made me stand still to heare more , which when i had , i couched my selfe close on my knees , and on my elbowes , with my head close to the banke , where with much ease i heard this following discourse . i shall omit nothing that i can remember , but ( as i related it to the house of parliament ) only their desperate and bloody oathes , with which almost each sentence was ushered in , the first i could understand was this : as it followeth . geroge . what a wicked thing was it , that that plot did not take effect ? philip . oh 't was a wicked thing indeed ! but i hope it was dismissed , that a better might take place . george . i hope it will prove a better , if it be not unluckily prevented . philip . for my part i doe not fully understand the matter , for i came but last night to town , and as soone as i came to my lords , they told me i must needs come againe this morning ; and when i came , i was conveyed up into my lords chamber , and there was my lord and father iones , and father andrewes : and father andrewes related to me what service i was for , but yet i could not fully understand the scope of it . george . no : why , thou knowest whether thou carriedst thy letters . philip . yes , i carried letters into buckinghamshire , and into warwickshire , and into worcestershire ; but i did not know for what : but at one place i was bravely entertained , at master sh : as soone as ever hee read the letter , hee caused me to be set to dinner ; and when i had dined , he gave me a letter to deliver to my lord , and a piece for my selfe , and charged me to make all speed i could to london againe : but prethee why dost thou bring me to stand here ? george . i stand here , because in yonder path ( pointing to the rode-way before him ) i promised to stay for dick iones : thou knowest him , dost not ? philip . yes , as well as i know thee . george . he 's a good lusty fellow thou knowest , and he is appointed to kill that raskally puritan pim , him that hath beene the chiefe cause of our misery . philip . but i feare still the puritans will prevaile . george . tush , tush , prevaile ; how can that be ? being we have so many friends , both in the lower and the upper house ; and when all these base puritans are killed , then on the sudden all the citie will be in a tumult , and then on the instant will there be risings in six severall places of the land , to my knowledge : in bucking-hamshire , in warwickshire , in worcestershire , in lancashire , ( the other two places i remember not . ) philip . yea marry sir , this sounds well , if wee can but escape , we shall all be made men . george . if wee escape wee shall bee brave fellowes ; lords , and knights , and gentlemen ; and wee have as brave wayes to escape as ever men had ; for wee can quickly change our names , and our cloaths , and our faces too , and with that he plucked a false beard out of his pocket , saying , am i the man i was ; putting it on as i conceive . philip . that is a dainty way indeed , we may thanke father andrewes for that trick ; for if we have but the least time , presently we can change our shapes : but if we should be taken , 't is but our lives , and then we shall be saints : for we to day tooke the holy sacrament on it , and were shrieved . george . so did wee on saterday , i was the . man , and wee had forty shillings a man : and when that was gone , we might come and fetch more . philip . i thinke i was the last of all : for after i was in my lords chamber , i staid till five more came ; and i undestood that father iones said we were all , and i was last set downe , and was the hundred and eight ; and wee had all forty shillings a peece , ( shaking his pockets : ) but how cunning father iones was , hee set downe all our names on the one side , and just against them the names of them wee should kill : but prethee who must kill the lords ? george . o they bee brave fellowes in their scarlet coates , and their cloaks lined with plush , they had ten pounds a man ; and if wee should prevaile , we shall every man have the possessions and lands of him that we kil'd : there be foure londoners tradesmen , that are to kill the puritan citizens . philip . i doe but thinke what a racket there will be when this is done ; though all be not killed , yet it will make such a tumult for the time , that it will make them have little minde to send to ireland . george . ay , that was father andrewes his wit , to prevent sending to ireland , and i hope if they prevaile there , we shall not need to feare here . philip . thou knowest him that thou art for ay , as well as i know thee ; and i ( swearing most bloudily ) will be his death , though it cost me my life a thousand times ; ( hee is a great fatguts fellow ) either comming downe staires , or in their coaches , or at any other place . having spoken thus , he that they looked for ( dick iones ) it seemeth did appeare , which caused george suddenly to leap up , saying , now he is comming ; and by his suddaine starting , hee descried me on the other side of the banke ; which when he had , he desperately sware he would end me first ; and with that , stepping up the banke on the sudden , ere i could recover my legges , ( which were so nummed with kneeling , that indeed for the time i could not stand ) hee drew his rapier and ran me through both my cloke , short coat , breeches , shirt , and breeches on the other side ; and by the mighty providence of god , ran betwixt my thighes , and yet did me no hurt at all : so thinking he had ended me ( for indeed i lay still , being in such a sudden feare with the fight , and hearing him speak so bloudily , and fearing a second blow ) he leaped backe againe , and ran away out of my sight , before ever i could recover my senses to take notice which way hee ran ; but as soone as ever i came to my selfe , i posted to the parliament house , and first related it to alderman somes ; he and master pymme satisfied the lower house of it , where i was examined , and afterward in the lords house three severall times ; and since that the place hath beene seriously viewed , both by lords and commons , and the truth made apparant , and i hope some of the plotters taken ; which i pray god they may bee , if it please him , for jesus christ his sake : to whom bee praise for ever , amen . finis . tuesday the fifth of september, . resolved by the parliament, that no petition against any election ... england and wales. parliament. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e c thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) tuesday the fifth of september, . resolved by the parliament, that no petition against any election ... england and wales. parliament. sheet ([ ] p.) printed by john field, printer to the parliament of england, london : [i.e. ] title from caption and first lines of text. annotation on thomason copy: the second ' ' in imprint year crossed out and replaced with " ". reproduction of the original in the british library. eng england and wales. -- parliament -- elections -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no tuesday the fifth of september, . resolved by the parliament, that no petition against any election ... england and wales. parliament. a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion blazon or coat of arms tuesday the fifth of september , . resolved by the parliament , that no petition against any election of such members as are already returned for england or scotland , shall be received by the committee for priviledges after three weeks from this day . ordered by the parliament , that this vote be printed and published . hen : scobell , clerk of the parliament . london , printed by john field , printer to the parliament of england , . a record of some worthy proceedings in the honourable, wise, and faithfull howse of commons in the late parliament england and wales. parliament. house of commons. approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a stc estc s ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : or : ) a record of some worthy proceedings in the honourable, wise, and faithfull howse of commons in the late parliament england and wales. parliament. house of commons. bacon, francis, - . p. g. thorp?], [amsterdam? : . place of publication suggested by stc ( nd ed.) and nuc pre- imprints; name of publisher suggested by stc ( nd ed.). signatures: a-c⁸. page misnumbered as . "these grievances were presented to his maiesty with a speach of sir fr. bacon, by . of the lower house, . iuly . in the . session of parliament."--p. . item at reel : is "grievances" only (identified as stc ). reproduction of original in the bodleian library and harvard university library. . a preface to true englishmen -- . a memorable speach in parliament -- . a petition for the parliaments libertie -- . particulars of the great contract -- . petitions for grace in ecclesiasticall causes -- . grievances in temporall matters. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately 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tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng great britain -- history -- james i, - . great britain -- politics and government -- - . - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - pip willcox sampled and proofread - pip willcox text and markup reviewed and edited - pfs batch review (qc) and xml conversion a record of some worthy proceedings : in the honovrable , wise , and faithfvll howse of commons in the late parliament . iustitiae est suum cuique tribuere . . contents . . a preface to true english men . . a memorable speach in parliament . . a petition for the parliaments libertie . . particulars of the great contract . . petitions for grace in ecclesiasticall causes . . grievances in temporall matters . to all true hearted english men dwelling in their native soile . howsoever ( my deare country-men ) it is mine hap to abide on this side the seas ; yet i cannot but hearken after the prosperitie of my gracious soveraigne , & naturall countrey , especially in the parliament time . i am not ( indeed ) in any such eminent place ▪ as where i may be sure to have a perfect relation of all remarkeable affaires : yet by my diligent indevour , i obteyne ( in time ) more probable intelligence , than many of you doe . of which the love of my countrey compelleth to make some present vse , occasioned by a publication ( for not one word thereof is in the kings name ) dated . december last . wherein the worthiest house of commons that ever was , is covertly traduced for spending long time , and great charges , and yet failing an earnest expectation of a good conclusion for the ease , and freedome of his maiesties subiects . i could not therefore but indevour to prevent ( as i may ) the heart-burning which ( i feare ) that publication may occasion between the king and his commons , and . to make it appeare that no house of commons had ever a greater zeale for the ease & freedome of the subiects than the late house had . the former , by demonstrating that the sayd covert imputation is not the kings , but the pen-mans . for whereas proclamations ( in deed ) speake in the first person , as thus , our subjects ; & , we are resolved , that publication speaketh in the third person thus , his maiesties subiects ; & , his maiestie is resolved . therefore it was not penned by his maiestie . againe , how can close suggesting the said imputation to be cause of dissolving the parliament agree with that which is expresley said , that his maiesty , for many good considerations knowne to himselfe determined to dissolve , & c ? doth not this shew , that the over large preamble of that publication is the pen-mans , & onely the body thereof was by the kings direction ? moreover , in a proclamation dated . september last , his majesty findeth fault with former proclamations , in regard of their penning . which sheweth , that , when his majesty hath signified his mind touching the substance of a proclamation ; he doth not alwayes review the penning thereof . therfore it may be supposed , that he did not peruse the penning of the publication . so that i think it may be well concluded , that the said imputation is not the kings , but the pen-mans . as for the zeale of the commons in parliament for the ease , & freedome of the subjects , let that appeare by that which is here published . onely i suppose it not amisse to remember , that in the second session of the late parliament , there passed these billes in the house of commons . . an act for the better observing and keeping holy the sabbath day , or sunday . . an act against such , as cōming to church , doe refuse to receive the sacrament of the lords supper . . an act for the providing of a learned , & godly ministery . and . an act to inable suspended , and deprived ministers to sue , & prosecute their appeales . i remēber these , because that worthy knight , or burgisse ( whose speach is here recorded ) doth not speak of them ; intending ( belike ) to mencion no other billes , but such as passed in the house of commons , in the fourth , that is , the last session of parliament . i say , the last , because the fifth cannot be accompted a session , seeing nothing was concluded therein , the speaker , sundry mornings before the house met togither adjourning the same from day to day , til the parliament was prorogued , & there dissolved . well , i pray god ; that , whensoever we shall haue an other parliament , counties , cities and burroughes may not be moved by letters from such common-wealth-men , as the pen-man of the said publication is feared to be , to chuse such knights and burgisses , as will have less zeale for the ease and freedome of the subjects , than had the knights , and burgisses of the late parliament . a memorable speach in the house of commons . mr. speaker , i perceive we are all much troubled by the evill successe which we have had in the great contract concerning tenures and purveiance , after our long travell and much tyme spent therein , and in other causes of good importance : so as many have taken occasiō therby to say of us , that although there was never a more honourable assembly , in the cōmons howse of parliament , of godly , wise , and learned men , then at this time , that yet there did never less fruit appeare of their labour to the world , at any time before , then now : which fruitlesse labour if it might be truly imputed unto us , it might worthily grieve vs all . but i hope that in seeking out meanes of redresse , or reliefe in this case , i shall make it appeare to all , that will rightly weigh of the thinges , that if furtherance had been given by others , whom it concerns , to our labours and good indevours , many abuses had been reformed , & much good done to the common wealth of england . but as it is true , which that great wise lord , who hath the chief charge of the treasure of the realme ; sayd unto vs at our last meeting with the honourable lords of the vpper howse of parliament , in the paynted chamber at westin : touching the great contract , viz. that he did well perceiue , that we had a great desire to haue effected that great contract , that the kings maiesly had willingly given his assent to the same , & that yet neverrhelesse it proceeded not , wherein he could not finde the impediment , but that god did not blesse it : so is it likewise true of the rest of our proceeding in parliament , that god hath nor blessed the same with good successe , which troubled me at the first , vntill i did further consider of many other parties of the realme , and many other callings , and societies of the realme , to whom god hath given as little blessing , as to the parliament howse . for it did appeare plainely to vs in this howse , vpon the treatie and examinations of the grievances of the church and common wealth , that the merchants of england who were a calling of very great vse in this realme , for the wealth , strength , and credit thereof , and as it were the leggs of the common wealth , whereon it goeth , had not received such blessing of late , yea in their merchandizing , as in former times , although they labor asmuch , and adventure asmuch , as in former times they did . and that likewise the clothiers being a trade whereby many thowsands subjects are mainteyned , although they labour in their calling as much at this time , as ever before they did ; doe of late finde so litle fruit of their labour , as that many of them are decayed , and many of them have given over that trade to the hinderance of the realme . and also the like is fallen to the marriners , and shipwrights of this realme , which number is greatly decayed , and with them the serviceable shipp : and shipping very much weakened , which threatneth a decay of the walls , and strength of the realme , which by good shipping , and good marriners , is well defended . and i find also , that god hath not blessed the treasure of the realme , for it is gone from us , as if god had blown upon it , to turne it out of the land , so as prince & people want . and i finde also in the calling of lawyers that there is not the like increase of their labors , as in times past , except it be some fewe favorites ; and i think that divers knights , citizens , and burgesses now here present about me , could say the like of divers sorts of men in their coūtryes , cities , and burroughes , if they list to speak : whereupon i doe assuredly think , that for some publique sinns of the land , god hath a quarrell to the land , whereby he doth withdrawe his ordinary blessings ; which publique sinnes this great councell of the realme ought first to seeke out , and as much as in our power to redress the same , that god being thereby reconciled vnto the land , an happy blessing might insue to all the estates thereof : which to effect you shall see what we for our parts have done to obteyne gods loving countenance to the land , as a shield , by removing the publicke sinnes thereof , which as a thick cloud doth keepe from vs gods sun-shining grace . first we did see , and consider , that the precious name of god , which we ought to regard more then our lives , is not by the lawes of england , so tenderly regarded , & preserved , as the name of all sortes of people in the land : for if some evill wordes be vsed against the king it is high treason , for which the offender shall dye . and if some evill words be vsed against noble men , it is publishable by the statute de scandalū magnatum . and that for some evill words vsed by any private person against another , an actiō of the case doth lye , at the common law , to punish the offender , and to recompence the partie wronged ▪ but for abusing the holy name of god , and tearing him in peeces by wicked oathes , there is no punishment by the lawes of the realme , whereby both men , women , and children increase in that sinne greevously , every day , without punishment or checke : wherefore to prevent that sinne , we did , at two severall sessions of parliament , make two severall bills , which did passe our howse of commons , to be made lawes for punishment of such offenders . and to take away that crying sinne which doth most provoke god , & most greeve the subjects , viz , the depriving , priving , disgracing , silencing , disgrading , and imprisoning , such of gods messengers ( being learned and godly preachers ) as he hath furnished with most heavenly graces to call us to true repentance , for no other cause , but for not conforming themselves otherwise than by subscription limited in the statutes made in the . yere of the late queene elizabeth of famous memory , thereby making the lawes of the church , and cōmon wealth to iarre : which to reforme we made a lawe for subscription agreeing to the intent of the foresayd statute , which every wise mā will approue , & willingly subscribe unto , whereby much peace , & unitie would grow in the chnrch & cōmon wealth , & be an occasion that many subiects might be well taught the meanes of their salvation , who now want sufficient knowledge of the word of god to ground their faith upon . and to take away another grosse sin , which is made lawfull by act of parliament , whereby the land is made guiltie thereof , viz. concerning non residents , and pluralitie of benefices , we did passe a bill in the last sessions of parliament , & have another bill concerning that offence ready to passe being twice read , and agreed upon at the cōmittees , whereby we abrogate so much of the statute of the yere of k. hē . the . as did inable non residēts , or the taking of more benefices then one with cure of soules , for by the provisoes in that statute , the kings chapleines may haue as many benefices , as they can get , without stint , & some others may have . benefices with cure at one time , in severall counties , & some two benefices , & yet be resident upon none of them , so long as he attendeth upon his lord , or mr. which is a thing intolerable in a christian common wealth . and for that some scandalous ministers of evill life do bring a great slaunder to all the rest , being many godly & learned preachers , we did make a good law to remove such scandalous ministers from their place . and where by the lawes of god , and the lawes of this realme the ecclesiasticall persons should , in their goverment , use onely the spirituall sword by exhortation , admonition , and excōmunication , which are the keyes of the church to exclude impenitent sinners , & to receive into the church , the penitent and faithfull persons , and to leave the temporall sword , to the temporall magistrate , which was alwayes so used in england untill the second yeare of king hen. . at which time the popish prelates , following the example of the man of sinne at rome , obtayned a statute without the free consent of the subjects ( as is set forth by mr. foxe , and in some sort , appeareth by the record of the towre ) by which statute they got the temporall sword into their handes , which statute was since , by severall acts of parliament , made voide with great disgrace , and yet by colour of that temporall authoritie once , by a short space by them used , some ecclesiasticall persons doe use both swords , to the great griefe , and trouble of the subjects , and with those two swordes , they doe also use the oath ex officio , which began first in england , by that statute of the . yere of k. henry the . being contrary to the lawes of england , & ( as i verily think ) contrary to the lawes of god. wherefore we to reforme those great abuses , made . good lawes , the one to abridge the force of the ecclesiasticall cōmission in many pointes : thother to abrogate , and take away the power of ecclesiasticall persons to minister the oath ex officio being a very hatefull thing , and unlawfull . andi for that among the canons , late made by the clergie of england in their convocation , it was thought , that some of their canons did extend to charge the bodies , landes , and goods of the subjects of the realme , further then was lawfull , and meet , we therefore made a good lawe to make voide such canons , as doe charge the bodies , lands and goods of the subjects , unlesse that the same canons were confirmed by parliament . and as we had care of the church , so had we care of the common wealth , touching impositions layd upon the subiects goods , and merchandize , and other thinges , & therefore , after long travel taken by us in searching ancient records in the tower of londō , & in other places , & after great dispute made herevpon , in open house , by many learned lawyers , we found it cleare in our opiniō , that impositions layd upon merchandize , or other goods of the subiects of this realme , by the kings maiesty , with out the free consent of the subiectes in parliament was not lawfull , and therefore we did make and passe a bill , by the generall consent of the house of commons , intended by us all to be a lawe , thereby to declare , that by the lawes of england , no imposition could be lawfully layd vpon goods , or merchandize of the subiects of england , without consent of the subiects in parliament . and because that many subiects were greatly troubled by purueyance , and cartaking , notwithstanding the good lawes in that behalf made to restraine the same , a bill was preferred by some member of the house , for reformation of that abuse , at the beginning of the last sessions of parliament ; which bill , by all likelihood , had long since passed this howse of commons , if the matter of purveyance had not been comprehended in the great contract , which matter of great contract being nowe ended , a new bill concerning purveyance , and cartaking is in my hands , now presently to be delivered into the house to receive such proceeding therin , as shal be thought meet . and touching wardship & tenures , because it is thought a heavie law , and grievous to the subjects , after the death of the father to have the sonne , & heire within age ; taken from the mother and kindred , to be bought and sold , & with the heire also to take all the lands and tenements of the father , that should many times mainteyne both the heire , & the rest of the children , for the onely benefit of the gardian : therefore we made a very large offer to free the land thereof , which we laboured earnestly to effect , but god hath not blessed it , nor brought to good effect any of those good intended lawes above by me mentioned , although we much desired the same , and had done therein as much as perteyned to vs to doe , which if they had been well effected , and passed as lawes and statutes , and that all such grievances , concerning the church and cōmon wealth , as wee carefully cōmended unto his ma : in writing ( whereof the copies doe remain in this house ) had procured such amendemēt of things , as we expected , it had made england so honourable and happy in the government thereof , as ever was kingdome in this world ( as i think ) . and which when the same shal be well effected , will ( as i think ) make both king , and subjects more happy , then ever they were . for if all these thinges had so concurred togither , as wee wished , and laboured for , what would wee not give to supply the kings wants , and to support him in a most roiall , & princely estate . but rebus sic stantibus , as is before declared , without reformation of those things , which were by us so earnestly sought , we cannot give much to supplie the kings wants , because we know no certainty of that which should remaine to us after our gift , so as , in mine opinion , the good proceeding of this parliament hath not been hindred by us , which is all i meant to say at this time . the particulars to be contracted for , in consideration of two hundred thousand pounds , per annum to be paid unto his majestie . . wardshippes , and tenures , with their particular dependances , shal be vtterly taken away . . the maxime , nullum tempus occurrit regi , shal be no longer of any effect . . all the kings patents shal be expounded for the good of the patentee , & according to the true meaning . . no forfeiture shal be taken by the king , or his patentee , for non payment of rent . . any subject shall plead the generall issue ( not guilty ) vpon information of intrusion . . all penall lawes , and informations shal be ordered for the best ease of the subject . . all maner purveyance taken by prerogative , cart taking , compositiōs , & cōmissions therfore , & praeemption ( except of time ) shal be vtterly taken away , & no clerke of the market shall set price on any victuall , nor any other shall doe the same . . all prefines , and post fines to be due vpon alienation by fine and recovery , shal be taken away . . debts shal be paid to the subjects before any advantage be taken , by the king , of forfeitures vpon outlaries , or attainders of felons , or traitors . . that clause in the statutes of . & . of hen. . touching alteration of lawes in wales shal be repealed . . every subject that hath possessed land by the space of . yeares , where the king , in that time , hath not had the possession , or profit thereof , by the space of one yeare , shal be free from the kings claime . and , if the king , within that space , hath been seised of any rent , out of the same landes , then that rent onely shall remaine to the king. . old debtes due to the king before tenne yeares last past shal be forgiven . . the king shall express the cause of demurrer in pleading against any of his subjects . . fees of all courtes to be payd by the subjects shal be expressed in a booke in print . . all lawes absolute , that are penall , shal be repeaied , and all penall lawes of one nature shal be reduced to one law . . no protection against law shal be graunted by the king. . any thing doubtfull in any of these articles shal be explaned by our selves . . any other matter , which at our next meeting , we shall conceive to be for ease of the subjects , & shall not detract from the king , in point of soveraignty , or profit shal be essential in this cōtract . to the kinges most excellent maiestie . most gracious soveraigne , whereas we your majesties most humble subjects the cōmons assembled in parliament , have received first by message , & since by speach , from your majestie a commandement of restraint from debating , in parliament , your majesties right of imposing vpon your subjectes goodes exported , or imported out of , or into this realme , yet allowing vs to examine the grievances of these impositiōs in regard of the quantitie , tyme , and other circumstances of disproportion thereto incident : wee your said humble subjectes nothing doubting , but that your majesty had no intent , by that commandement , to infringe the ancient , and fundamentall right of the libertie of parliament , in point of exact discussing of all matters concerning them , and their possessions , goods , and rights whatsoever : which yet wee cannot but conceive to be done , in effect , by this commandement , doe with all humble dutie make this remonstrance to your majesty . first we holde it an ancient , generall , and vndoubted right of parliamēt to debate freely all matters , which do properly concerne the subject , and his right , or state : which freedome of debate being once foreclosed , the essence of the libertie of parliamet is with all dissolved . and whereas , in this case , the subjects right on the one syde , and your majesties prerogative on the other cannot possibly be severed in debate of either , we alledge , that your majesties prerogatives of that kynd cōcerning directly the subjects right , and interest , wee dayly handled and discussed in all courts at westminster , and have been ever freely debated , vpon all fit occasions , but in this , & all former parliaments without restraint . which being forbidden , it is impossible for the subject either to know , or mainteine his right , & propertie to his owne landes , and goods though neuer so just , and manifest . it may further please your most excellent majesty to vnderstand that wee have no minde to impugne , but a desire to informe ourselves of your highnes prerogative in that point : which if ever , is now most necessary to be knowne . and though it were to no other purpose , yet to satisfie the generality of your majesties subjects , who finding themselves much grieved by these new imdositions , do languish in much sorrow , and discomfort . these reasons ( dreade soveraigne ) being the proper reasons of parliament ) do pleade for the vpholding of this our ancient right and liberty . howbeit , seing it hath pleased your majestie to insist vpon that judgement in the exchequer , as being direction sufficient for us , without further examination , upon great desire of leaving your ma , vnsatisfied in no one point of our intents , and proceedings , w● professe touching that judgement , that we neither doe nor wil take upon us to reverse it : but our desire is to know the reasōs whereupon the same was grounded . and the rather , for that a generall cōceipt is had , that the reasons of that judgement may be extēded much further , even to the utter ruine of the ancient libertie of this kingdome , and of the subjects right of propertie to haue landes , and goods . therefore the judgement it self , being the first and the last that ever was given in that kind , for ought appearing unto us , and being onely in one case , and against one man ; it can binde in law no other then that person , and is also reversable by writ of error graunted heretofore by act of parliament . and neither hee , nor any other subject is debarred , by it , from trying his right in the same , or like case , in any of your majesties courts of record at westminster . lastly wee nothing doubt , but your intended proceeding , in a full examination of the right , nature , & measure of these new impositions ( if this restraint had not come betweene ) should have been so orderly , and moderately caried , & so applied to the manifold necessitie of these tymes , and given your majesty so true a view of the state , and right of your subjects , that it would have been much to your majesties content , and satisfaction ( which wee most desire ) & remoued all cause of feares , and jealousies from the loyall hearts of your subjects , which is ( as it ought to be ) our carefull indeavour . whereas contrarywise , in that other way directed by your majesty , wee cannot safely proceed , without concluding , for ever , the right of the subject : which , without due examination thereof , wee may not doe . we therefore , your highnes loyall and dutifull commons , not swerving from the approved steps of our ancestors , most humbly and instantly beseech your gracious majesty , that without offence to the same we may ( according to the vndoubted right , and libertie of parliament ) proceed in our intended course of a full examination of these new impositions , that so we may cheerefully pass on to your majesties busines , from which this st●p hath , by diversion , so long with held vs. and wee your majesties most humble , faithfull , and loyall subiects , shall ever , according to our bounden dutie , pray for your majesties long and happie raigne over vs. delivered by . of the lower howse of parliament the . of may , petitions . most gracious and dread soveraigne , sith it hath pleased almightie god , of his unspeakable goodnes & mercie towards us , to call your majestie to the government of this kingdome , and hath crowned you with supreme power , aswell in the church , as in the cōmon wealth , for the advancement of his glorie , & the generall benefite of all the subjects of this land , weo doe with all humilitie present , at the feet of your excellent ma : our selves , and our desires full of confidence in the assurance , of your religious minde , and princely disposition , that you wil be graciously pleased to give life , and effect to these our petitions greatly tending ( as undoubtedly we conceive ) to the glorie of god , the good of his church , & safetie of your most royall person , wherein we acknowledge our greatest happines to consist . . whereas good and provident lawes have beene made for the maintenance of gods true religion & safetie of your majesties most royall person , issue , and estate , against iesuites , seminarie priests , and popish recusants . and although your majestie by your godly learned , and judicious writings have declared your princely , & christian zeale in the defence of the religion established , & have very lately ( to the comfort of your best affected subjects ) published to both howses of parliament your princely will and pleasure , that recusants should not be concealed , but derected and convicted : yet for that the lawes are not executed against the priests , who are the corrupters of the people in religion , and loyaltie , and many recusants haue already compounded , and ( as it is to be feared ) more and more ( except your ma : in your great wisdom , prevēt the same ) will cōpound with those beg their penalties , which maketh the lawes altogither fruitless , or of litle or none effect , & the offenders to become bold , obdurate , and unconformable : your majestie therefore would be pleased , at the humble sute of your commons in this present parliament assembled , in the causes so highly concerning the glorie of god , the preservation of true religion , of your majestie and state , to suffer your highnes naturall clemencie to retire it self and to giue place unto justice , and to lay your royall cōmand upō al your ministers of justice both ecclesiastical , & civil , to see the lawes made against iesuites seminarie priests and recusants ( of what kind and sect soever ) to be duely , and exactly executed , without dread , or delay . and that your majestie would be pleased likwise to take into your owne hands , the penalties due for recusancie , and that the same be not converted to the priuate gaine of some , to your infinite losse , the imboldning of the papists , and decay of true religion . . whereas also divers painfull , and learned pastors , that haue long traveiled in the work of the ministerie , with good fruit and blessing of their labours , who were ever ready to perform the legal subscription appointed by the statute of . elizab : which onely concerneth the confession of the true christian faith and doctrine of the sacraments , yet for not conforming in some points of ceremonies , and refusing the subscription directed by the late canons , have been removed from their ecclesiasticall livings , being their freehold , and debarred from all meanes of maintenance , to the great griefe of sundry your majesties well affected subjects ; seing the whol people , that want instruction , are by this meanes punished , and through ignorance , lye open to the seducements of popish , and ill affected persons ; wee therefore most humbly beseech , your majesty would be gratiously pleased , that such depriued , and silenced ministers may by licence , or permissiō of the reverend fathers , in their severall diocesses , instruct , and preach vnto their people in such parishes , and places , where they may be imployed : so as they apply themselves , in their ministery , to wholsome doctrine , and exhortation , and live quietly , and peaceably in their callings , and shall not by writing , or preaching , impugne thinges established by publick authority . . whereas likewise through pluralitie of benifices , & toleration of non recidencie in many , who possess not the meanest livinges with cure of soules , the people in diverse places want instruction , and are ignorant , & easy to be seduced , whereby the adversaries of out religiō gaine great advantage , and although the pluralists , and non-residents doe frame excuse of the smalnesse of some livinges , and pretende the maintenance of learning , yet we finde by experience that they , coupling many of the greatest livings , doe leave the least helpless , & the best as ill served , & supplied with preachers , as the meanest . and where pluralists heaping vp many livings into one hand , doe by that meanes keep divers learned men frō maintenance to the discouragement of students , & the hinderance of learning & the non-residents ( for seeking , or absenting themselves frō their pastorall charges ) doe leave the people , as a prey , vnto the popish seducers . it might therefore please your most excellent majestie for remedy of these evils in the church to provide , that dispensatiōs for plurality of benefices with cure of souls may be prohibited , & that toleration of non-residencie may be restrayned . so shall true religion be better vpheld , and the people more instructed in divine , and civill duties : . and for asmuch as excommunication is the heaviest censure for the most grievous offences which the church doth reteine , yet exercised and inflicted vpon an incredible number of the common people by the subordinate officers of the jurisdiction ecclesiasticall , most cōmonly for very small causes grounded vpon the sole information of a base apparitour , in which case the parties , before they can be discharged , are driven to excessive expence for matters of very small moment , so that the richer break thorough more heynous offences , and escape that censure , by commutation of penance to the great scandall of the church government , in the abuse of so high a censure , the contempt of the censure it selfe ; and grievance of your majesties poore subjects . wherefore your majesties dutifull commons most humbly beseech your highnes that some due , and fit reformation may be had in the premisses . grievances . to the kinges most excellent maiestie . most gracious soveraigne , your majesties most humble commons assembled in parliament being moved , aswel out of their dutie and zeale to your majestie ; as out of the sense of iust griefe wherewith your loving subiects are generally through the whole realme at this tyme possessed , because they perceive their cōmon & ancient right & libertie to be much declined , & infringed in these late yeares , doe with all dutie & humilitie present these our iust complaints thereof to your gracious viewe , most instantly craving iustice therein and due redresse . and although it be true , that many of the particulars , whereof we now complaine , were in some use in the late queenes time , & then not much impugned , because the usage of them , being then more moderate , gave not so great occasion of offence , and consequently not so much cause to inquire into the right and validitie of them . yet the right being now more throughly scanned , by reason of the great mischiefs , and inconvenien●es which the subiects have thereby sustained , wee are very confident , that your maiestie wil be so farre from thinking it a point of honour , or greatnes to continue any grievance vpon your people , because you found them begun in some of your predecessors times , as you will rather hold it a work of great glorie to reforme them , since your maiestie knoweth well , that neyther continuance of time , nor errours of men , can or ought to preiudice truth of iustice ; and that nothing can be more worthy of so worthy a king , nor more answerable to the great wisdome , and goodnes which abound in you , then to understand the griefes , & redresse the wrongs of so loyall , and well deserving a people . in this confidence ( dread soveraigne ) we offer these grievances ( the particulars whereof are hereunder set downe ) to your gracious consideration , and we offer them out of the greatest loyaltie , and duetie that subjects can beare to their prince . most humbly and instantly beseeching your majestie , aswell for justice sake ( more then which ( as we conceiue ) in these petitions we doe not seek ) as also for the better assurance of the state , and generall repose of your faithfull & loving subjects , and for testimonie of your gracious acceptation of their full affections , declared aswell by their joyfull receiuing of your majesty , at your happy entrance into this kingdom , which you have been often pleased , with favour , to remember ; as also by their extraordinarie contributions graunted since vnto you , such as haue been never yeelded to any former prince , upon the like termes , and occasions , that we may receive to these our cōplaints your most gracious answer : which we cānot doubt but wil be such , as may be worthy of your princely selfe , and will give satisfactiō , & great cōfort to all your loyall , and most dutifull loving subjects ; who doe , and will ever pray for the happy preservation of your most royall majestie . the policie and constitution of this your kingdome appropriates unto the kings of this realme , with the assent of the parliament , as well the soveraigne power of making lawes , as that of taxing , or imposing upon the subjects goods , or merchandizes . wherein they haue justly such a proprietie , as may not , without their consent , be altered , or changed . this is the cause , that the people of this kingdome , as they ever shewed themselues faithfull , and loving to their kings , and ready to ayde them in all their just occasions , with voluntarie contributions , so have they been ever carefull to preserve their owne liberties and rights , when any thing hath been done to prejudice or impeach the same . and therefore when their princes occasioned eyther by their warres or their over great bountie , or by any other necessitie , haue , without consent of parliament , set impositions , eyther within the land , or upon cōmodities eyther exported , or imported by the merchants , they have , in open parliament , complained of it , in that it was done without their consents . and thereupon never failed to obteyne a speedie , and full redresse without any claime , made by the kinges of any power , or prerogative in that point . and though the lawe of proprietie be originall , and carefully preserved by the cōmon lawes of this realme , which are as ancient as the kingdome it selfe ; yet these famous kings ? for the better contentment , and assurance of their loving subjects , agreed , that this old fundamentall right should be further declared , and established by act of parliament . wherein it is provided , that no such charges should ever be layd upon the people , without their cōmon cōsent , as may appeare by sundry records of former times . wee therefore your majesties most humble cōmons assembled in parliament following the example of this worthy care of our ancestors , and out of a dutie of those for whome we serve , finding that your majestie without advise or consent of parliament , hath lately , in time of peace , set both greater impositions , and farre more in number , then any your noble ancestors did ever , in time of warre , have with all humilitie presumed to present this most iust , and necessarie petition unto your ma : that all impositions set without the assent of parliamēt may be quite abolished , and taken away , and that your maiestie in imitatiō likewise of your noble progenetors , wil be pleased , that a law may be made during this session of parliament , to declare that all impositions set , or to be set upō your people their goods or merchandizes , save onely by cōmon consent in parliament , are , and shal be void . wherein your ma : shal not onely give your subiects good satisfaction in point of their right , but also bring exceeding ioy , and comfort to them which now suffer , partly through the abating of the price of native cōmodities , & partly through the raising of all forraign , to the overthrow of merchants and shipping , the causing of a generall dearth , & decay of wealth among your people , who wil be thereby no lesse discouraged , then disabled to supply your ma : whē occasion shal require it . whereas by the statute . eliz cap. . intituled an act restoring to the crown the auncient iurisdictiō over the state ecclesiasticall , &c. power was given to the queene , and her successors to constitute , and make a commission in cause ecclesiasticall , the said act is found to be inconvenient , of dangerous extent in d●vers respects . first , for that it inableth the making of such a cōmission as wel to any one subiect borne , as to more . secondly , for that whereas by the intention , and wordes of the sayd statute , ecclesiasticall iurisdiction is restored to the crown , and highnes , by that statute inabled to give only such power ecclesiasticall to the sayd cōmissioners , yet under colour of some words in that statute , whereby the cōmissioners are authorised to execute their commission according to the tenour , and effect of your highnes letters patents . and by letters patents grounded thereupon , the sayd commissioners doe fine , and imprison , and exercise other authoritie not belonging to the ecclesiasticall iurisdiction restored by that statute , which we conceive to be a great wrong to the subiect ; and that those commissioners might as well by colour of those words , if they were so authorized by your highnes letters patēts , fine without stint , and imprison without limitation of time , as also according to will , and discretion , without any rules of law , spirituall or temporall , adiudge and impose utter confiscation of goods , forfeiture of lands , yea , and the taking away of limme and of life it selfe ; & this for any matter whatsoever perteyning to spirituall iurisdiction . which never was , nor could be meant by the makers of that law . thirdly for that by the said statute the king , and his successors may ( howsoever your maiestie hath been pleased out of your gracious disposition otherwise to order ) make , and direct such comission into all the counties , and dioceses , yea into every parish of england , and thereby all causes may be taken from ordinarie iurisdiction of bishops , chancellors , and arch deacons , and lay men solely be inabled to excommunicate , & exercise all other censures spiritual . fourthly for that every petty offence perteyning to spirituall iurisdiction , is , by colour of the sayd wordes , and letters patents grounded thereupon , made subiect to excommunication and punishment by that strange and exorbitant power , and commission , whereby the least offenders , not cōmitting any thing of any enormous , or high nature may be drawne from the most remote places of the kingdome to london ; or york , which , is very grievous , and inconuenient . fifthly for that limit , touching causes subject to this cōmission , being onely with these words , viz. such as perteine to spirituall or ecclesiasticall iurisdiction ; it is very hard to knowe , what matters , or offences are included in that number . and the rather because it is unknown , what ancient canons , or lawes spirituall are in force , & what not : from whence ariseth great incertaintie , and occasion of contention . and whereas upon the same statute a cōmission ecclesiasticall is made ; therein is grievance apprehended thus . first for that thereby the same men have both spirituall and temporall jurisdiction , and may both force the party by oath to accuse himselfe of an offence , & also inquire thereof by a jurie , and lastly may inflict for the same offence , at the same time , and by one and the same sentence , both a spirituall and temporall punishment . secondly whereas , upon sentences of deprivation , or other spirituall censures given by force of ordinarie jurisdiction , an appeale lyeth for the partie grieved ; that is here excluded by expresse wordes of the cōmission . also here is to be a tryall by iury , yet no remedy by traverse , nor attaint . neyther can a man haue any writ of errour , though a iudgement or sentence be given against him , amounting to the taking away of all his goodes , & imprisoning him during life , yea to the adiudging him in the case of praemunire , whereby his lands are forseyted , and he out of the protection of the lawe . thirdly , that whereas penal lawes , and offences against the same cannot be determined in other courts , or by other persons , then by those trusted by parliament with the execution thereof , yet the execution of many such statutes ( diverse whereof were made since . eliz. ) are cōmended and cōmitted to these cōmissioners ecclesiasticall , who are eyther to inflict the punishment conteyned in the statutes being premunire , and of other high nature , and so to inforce a man upon his own oath to accuse , & expose himself to these punishments , or els to inflict other temporall punishment at their pleasure . and yet besides , and after that done , the partie shal be subiect in the courtes mentioned in the acts , to punishments by the same actes appointed and inflicted : which we think very vnreasonable . fourthly , that the cōmission giveth authority to inforce men called into question to enter into recognisance not onely for appearance frō time , to time , but also for performance of whatsoever shal be , by the cōmissioners ordered . and also that it giveth power to enioyne parties defendant , or accused , to pay such fees to ministers of the court , as by the cōmissioners shal be thought fit . and touching the execution of the cōmission , it is found greivous these wayes among other . first for that laymen are by the cōmissioners punished for speaking ( otherwise then in iudiciall places , and courses ) of the symonie and other misdemeanours of spirituall men , though the thing spoken be true , & the speach tending to the inducing of some condigne punishment . secondly in that these cōmissioners usually appoint and allot to weomen discontented at , and unwilling to live with their husbands such portions , & allowances for present maintenance , as to them shall seeme fit : to the great incouragement of wives to be disobedient , and contemptuous against their husbands . thirdly , in that their pursuivantes , or other ministers imployed in the apprehension of suspected offenders in any things spirituall , & in the searching for any supposed scandalous bookes ▪ vse to breake open mens houses , closets , & deskes , rifeling all corners , and secret custodies , as in cases of high treason , or suspition thereof . all which premisses among other things considered , your majesties most loyall , and dutifull commons , in all humblenes , beseech you , that for the easing of them , aswel from the present grievance , as from the feare , and possibility of greater in tymes future ; your highnes would vouchsafe your royall assent , and allowance to , and for the ratifying of the saide statute and the reducing thereof , and consequently of the saide commission to reasonable , and cōvenient limits , by some act to be passed in this present session of parliament . amongst many other pointes of happines , & freedome which your majesties subjects of this kingdome have inioyed under your royall progenitors , kings and queenes of this realme , there is none which they have accounted more deere , and precious then this , to be guided , and governed by the certaine rule of the law ( which giveth both to the head , and members , that which of right belongeth unto them ) and not by any vncertaine or arbitrary forme of government . which , as it hath proceeded from the originall good constitution , and temperature of this estate : so hath it been the principall meanes of upholding the same in such sort , as that their kings have beene just , beloved , happy & glorious , and the kingdome it selfe peaceable , flourishing and durable so many ages . and the effect , aswell of the contentment that the subjects of this kingdome haue taken in this forme of gouernment , as also of the love , respect , and dutie which they have , by reason of the same , rendred unto their princes , may appeare in this , that they haue , as occasion hath required , yeelded more extraordinarie and voluntary contributions to assist their kings , than the subjects of any other knowne kingdome whatsoever . out of this roote hath growen the indubitable right of the people of this kingdome : not to be made subject to any punishment , that shall extend to their lives , landes , bodies , or goodes , other then such , as are ordeyned by the common lawes of this land , or the statutes made by their common consent in parliament . neverthelesse it is apparant both that proclamations have beene , of late yeares , much more frequent , then heretofore , and that they are extended , not onely to the libertie , but also to the goods , inheritances , and livelihood of men , some of them tending to alter some points of the lawe , and make anewe . other some made , shortly after a session of parliament , for matter directly rejected in the same session ; other appointing punishments to be inflicted before lawfull triall , and conviction ; some cōteyning penalties in forme of penall statutes : some referring the punishment of offenders to the courts of arbitrary discretion , which have layd heavie and grievous censures vpon the delinquents : some , as the proclamation for starch , accompanied with letters commaunding inquirie to be made against the transgressors , at the quarter sessions : and some vouching former proclamations to countenance , and warrant the later , as by a catalogue here vnder written more particularly appeareth . by reason whereof there is a generall feare conceived , and spread amongst your maiesties people , that proclamations will , by degrees , grow vp , and increase to the strength , and nature of lawes . whereby , not onely that ancient happynes , freedome wil be much blemished ( if not quite taken away ) which their ancestors haue so long inioyed : but the same may also ( in proces of time ) bring a new forme of arbytrary government vpon the realme . and this their feare is the more increased by occasion aswel of certeyn bookes lately published , which ascribe a greater power to proclamatiōs then heretofore hath been conceived to belong unto them ; as also of the care taken to reduce all the proclamations , made since your maiesties reigne , into one volume ; and to print them in such forme as acts of parliament formerly have been , & still are vsed to be : which seemeth to imply a purpose to give them more reputation and more establishment , thē heretofore they have had . wee therefore your maiesties humble subiects the commons in this parliamen● assembled , taking these matters into our considerations , and weighing how much it doth concerne your maistie , both in honour and safetie , that such impressions should not be suffered to settle in your subiects mindes , have thought it to apperteyne to our duties , as well towards your maiestie ; and to those that haue trusted , and sent us to this service , to present unto your maiesties view these feares , and griefs of your people & to become hūble suiters unto your maiestie , that hence forth no fine , or forfeyture of goods , or other pecuniary , or corporall punishment may be inflicted upon your subjects ( other thā restraint of liberty , which wee also humbly beseech may be , but upon vrgent necessity , and to continue but till other order may be taken by course of law ) vnlesse they shall offend against some law or statute of this realme in force , at the tyme of their offence committed . and for the greater assurance , & comfort of your people , that it will please your majesty to declare your royall pleasure to that purpose , either by some law to be made in this sessiō of parliamēt : or by some such other course ( wherof your people may take knowledge ) as to your princely wisedome shall seeme most convenient . proclamations importing alterations of some points of the law , and making new . . ian. . iac f. . forbiddeth choosing of knights , & burgesses bankerupt , or outlawed : and commandeth choise of such , as are not only taxed to subsidies , but also have ordinarily payed , and satisfied the same . f. . if returnes be made contrary to the proclamation , they are to be rejected , as vnlawfull , and insufficient . f : . . aug. . ia. f. . that the proclamation shal be a warrant to any officer , or subject to seise starch , and to dispose , or destroy any stuffe &c. and restreineth all men not licenced to make starch . f. . . a proclamation made shortly after parliament for matter directly reiected the precedent session . . mar. . i. f. . a proclamation for building with brick after a bill to that and rejected ▪ . proclamations touching the freehold , and livelihood of men . . septemb. . ia. f. . raising and pulling downe howses authorised , and prohibition to build them againe at any tyme. f. . . oct. . ia. f. . forbidding building and taking away the materials ; and appointing the owners land to be let by other men , at what price they please . f. . . proclamations referring punishmēt to be done by iustices of peace , majors , bailives , constables , & other officers ; or seisure by persons who have no authoritie to require , heare , and determine of those offences . so it is to be inflicted before lawfull triall & cōviction . . ian. . ia f. . a proclamation for folding wooles . . aug. . ia. f. . seisure of starch , &c. f. . . proclamations penned with penalties in forme of penal statutes . . no. . ia. f. paine of confiscation of goods , f. . . ian. . ia. f. . ten dayes imprisonment & standing in the pillory , f. . iustices of peace to forfeyt . pounds if they see not the proclamation of folding wooles executed , f. . . aug. . ia. f . forfeyture of one moitie of starch &c. seised &c. . punishment of offenders in courts of arbitrary discretion , as starre chamber . . mar. . ia. f. . proclamation for building . f. . . oct. . in. . proclam . for building , f. . . iul. . ia. f. . procl . for starch . f. . . iul. . ia. f. . procl for building , f. . . proclam former become presidents , and vouched in later proclam . . iun. . ia. f. . avoucheth . e. . & . eliz. f. . . iul. . ia. f. . mentioneth former proclam . against buildings , & explaineth , and qualifieth them . f. . your majesties commons in this session of parliament assembled , doe cheerefully acknowledge the spring and fountaine of the publique justice of this state , to be originally in your ma : from the benefite therof is conveyed , and derived into every member of this politique body by your highnes writs . amongst which none are more honourable for the support of the common justice of the realm , then the writes of prohibition , habe as corpus , & de homine replegiādo : writs have been ever held , and found to be a chief meanes of reliefe vnto the poore distressed , and oppressed subjects of this kingdome , and can be no inconvenience at all . seing they are no way conclusive against any man , and doo draw no benefit to the procurers , but rather a fruitless charge , if they be obteined vpon any vnjust ground , or pretence . in the free granting of , & proceccing vpon some of which writes , especially that of prohibition ; there hath of late , been observed to be some obstruction : by reason , that vpon the complaintes and the importunity of some , who desire the support of inferiour courts , against the principall courts of the common law ( wherewith your majesty hath been greatly troubled ) you have taken into your royall consideration the severall extents of the jurisdiction of the sayd severall courts . since which time the said writes have been more sparingly , graunced , and with stricter cautiōs then anciently hath been accustomed . it is therefore most humbly desired , that it may please your majestie ( whose glory is never more cōspicuous , then when the poorest of the commonalty are blessed with the influence of the ancient beames of justice ) to require your judges , in the courts of westminster , to grant the said writes , in cases wherein such writes doe lye , and by law are grantable : and in such sort , as that such persons , whose bodies being eyther cōmitted to prison , or their causes like to receive great prejudice by procedings against them , in times of vacation , may not be debarred nor deferred from hauing the speedy reliefe & benefite of those writes , more then in former times . for asmuch as the exercise of authoritie over the counties of glocester hereford wigorne and salope . by the president , & councell of wales by way of instructions , vpon pretext of a statute made in the . yeare of the reigne of king henry the . is conceived not to be warranted by that or any other lawe of this realme of england . and for that in the . session of this present parliament , there did a bill pass the house of the commons , whereb● it was declared that the true intent , and meaning of that before mentioned statute , was not thereby to subject these countries to that kind of government by instructions . and yet notwithstanding the inhabitāts of those counties are since vtterly discouraged , and in effect , debarred from triall of the right of that kind of jurisdiction over those countries , by the ordinarie course of the cōmon lawes of this land ; by reason of prohibitions , which were heretofore frequently granted ( vpon suggestion , that those countries are not part of wales or of the marches of the same ( which is the very point in question ) are now become very hard to be obteyned , except in cases , where those of that councell doe exceed the instructions set downe to them by your majestie . as also for that , in cases , where actions have been brought at the common law , whereby that question might haue come to dicision , the plaintifes haue been stopped , sometimes by injunctions out of your majesties court of chancery , from their proceedings sometime before , sometime after judgemēts , and some time also by imprisonment . the precedent of which proceedings doth concern all your majesties loyall and dutifull subjects of this kingdome , aswell in respect of the stopping of the free course of iustice : as also , by reason that if that kinde of jurisdiction were at first extended over those . counties , and be now still continued without warrant of law : then consequence of this example may , in future times , give countenance to the erecting of like jurisdictions in other places of this realme . and for asmuch as your majestie was pleased to commaund all the iudges to consider of this question , and that they thereupon bestowed very many dayes in hearing the cause argued by learned counsaile on both sides . and in viewing and considering of great numbers of recordes produced before them , concerning that cause : whereby , they have ( no doubt ) throughly informed themselves of the right . it is therefore the most humble petition of the commons in this present parliament assembled , that your most excellent majestie will also be pleased to commaund , that the iudges may deliver their opinion upon that so exact , and deliberate hearing , which was had before them , concerning the right of the foresayd jurisdiction over those . counties by force of that statute . and that the opinion which they shall deliver therein , may be in such sort published , as that all your majesties subjects whome it may concerne may have meanes to take knowledge thereof . and that your ma : will vouchsafe to declare it by your most princely pleasure , that any of your maiesties subiects who may have occasion thereof may trye his , or their right in that point by due , and ordinarie course of the common lawe , eyther by suing out of prohibitions , or any other your maiesties writs without restraint . and that if the sayd iurisdiction over those . counties shall appeare to your maiestie , by the opinion of the iudges , or otherwise , not to be warranted by law , that then your maiesty be pleased out of your most princely and gracious favour towards all your loyall , and dutifull subiectes , to order the ceasing of the sayde iurisdiction over those counties , to the great comfort of the inhabitants of those counties , and the rest of your maiesties subiects of all the kingdome . complaint was made , in all humble manner , the second session of this present parliament , of many disorders , outrages , & oppressions committed vpon occasion of letters patents granted to the duke of lenox , for the searching , and sealing of stufs , and manufactures , called by the name of new draperie : which patent wee held in all , or the most partes of it , to be questionable , and in many apparantly vnlawfull : and the execution thereof we found stretched by the farmers , and deputies beyond the extent of the sayd letters patents , as appeares in the particulars set downe in the said greivance . to which it pleased your majestie to give this gracious answer , that the validitie of the sayd patent should be left to be judged by the law . and whensoever any abuse arising in the execution thereof should appeare , it should be severely punished . which was , for that time , to our good satisfaction yet finding , by divers complaints made now in parliament , that not only the said letters patents are still in force , and the validity of them undecided by iudgement : but disorders in the execution of them are so farre off from being reformed , that they multiply every day to the grievance of your maiesties subiects . and those of the poorer sort , who exercising these manufactures are subiect to much oppressiō , to the great hindrāce of some , & utter undoing of many as hath appeared in the particularities of the complaints presented unto us . our humble desire is , that your ma : wil be pleased , according to your former resolutiō , to give order , that this cause , which hath thus long hung in suspence , be speedily brought to iudgement : and that before all the iudges , because it concernes all the subiects of the land . and , in the meane time , that the execution of the said letters patents , so farre forth as they concerne the said new draperies , may be suspended till iudgement be given : whereby your subiectes , who doe in all humilitie present this grievance unto your maiestie may be relieved , & haue no occasion to reiterate their complaints . whereas by ancient , and late statutes it hath been enacted , that wines should be retayled at such lowe rates , and prices , as for these yeares last past they could not be affoarded . and for redresse thereof it was ordeyned by a statute , in the . yeare of the late queene elizabeth , that ( those former lawes notwithstanding ) wines might be solde at such prices , as by proclamation from time to time to be made by consent of divers great officers , should be published , and set downe : which proclamatiō neverthelesse , the late queen , & your most excellent ma : have been drawn to forbear , upō the earnest sute of certein persons , therein onely intended their private gaine ▪ by reason whereof , both great summs of mony in fines , rentes , and annuall payments have been gotten , and raysed vnto the said persons , and their assignes , and great damage and preiudice hath likewise fallen , and light vpon your people , not onely by inhancing the prices of wines , licencing over many tavernes , and appointing of vnmeet persons , in vnfit places , to keepe the same : but also by reason that corrupt , mingled , evill , and vnwholesome wines have been vttered , and solde to the great hurt of the health of your highnes people , one man sometimes ingrossing all the licences designed for that place : wherevpon complaint being made to your maiestie , amongst other grievances of your people , in the second session of this present parliament , your highnes was pleased to answer , that your grants in that behalfe were no other , then such as were warrantable by the law . whereas the greivance was the greater , for that all lawes , cōcerning the sale of wines , being intended , and conceived to stand , & be reptaled , there were neverthelesse , by the overfight of them which were trusted in that busienes , casually omitted , and left vnrepealed certaine absolute lawes impossible to be observed : as namely one made in the time of k. edward the first , commanding wines to be sold at . pence the sexterne , and one other made in the . of k. henry the eight prohibiting all persons , vnder penalty , to sell any french wines above . pence the gallon , and other wines , as secks , and sweet wines above . pence the gallon : and one branch of a statute made in the . yeare of k. edward the . prohibiting men to sell any wines by retaile in their howses . wherevpon your maiesty hath been induced and drawne to ground new patents of dispensation , and to grant the benefit thereof vnto the lord admirall : whereby the like discommodities and inconveniences have sithence insued vnto the common-wealth as formerly did arise and growe vpon the other repealed lawes , whereof , in the former petitions of your subiects exhibited vnto your maiesty in the sayd second session , your highnes never had any direct , and cleare information . may it therefore please your most excellent maiesty at the humble request of your commons ( who have taken into consideration the great charges , and expences , which the sayd l. admirall hath been at , in your maiesties service , and have considered likewise the present licences , and grants for valuable consideration vnto many hundreth of your highnes subiects , which without great losse to the sayd grantees , cannot be so suddenly made voide ) out of your princely wisdome , and goodnes , wherein you have professed not to extend , & straine your prerogative royall against the publique good of your people , for the particular gaine of any private persons , to vouchsafe , that from hench forwards , there may no mo grante ▪ of that nature , be made vnto any of your subiects whomsoever . but that the sayd statute of . elizabeth , for the apprising of wines , to be published by proclamation , a● time , and occasion shall require , may be put in execution . and that your maiesty will likewise vouchsafe to grant your royall assent to a bill of repeale of the sayd obsolete statutes , and all other , wherevpon any such , non obstantes , & dispensations might be grounded vpon . in which statute of repeale proviso shal be made for the indempnitie of all such , as vnder your maiesties great seale have alreadie procured licence for such sale of wines . whereas , by the lawes of this your maiesties realme of england no taxes , aides , or impositiōs of any kinde whatsoever , ought or can be laid , and imposed vpon your people , or upon any of their goods , or commodities , but onely by authority and consent of parliament . which being vndoubtedly the ancient , and fundamentall law of th●● land , is yet , for more abundant clearnes expresly declared in sundry acts of parliamēt made and inacted in the time of sundry your maiesties progenitors , the noblest , & most prudent kings of this realme . y●●r comōs with iust griefe doe complaine vnto your maiesty of the late taxe , and imposition laid , and imposed yearely vpon such , as are allowed to keep victualing houses , or sell ale , and beere bee retaile . which imposition not being taxed by assent of parliament , but commanded , and directed onely by letters , and instructions , your commons are perswaded that the same proceeded rather vpon misinformation , then by the direction , and judgement of your owne most noble & royall heart . wherefore your said commons knowing the griefe of your people in this behalfe , do ( according to their duties ) in all humilitie informe , and signify vnto your maiestie : first , that the said taxation being singular , and without example , is in it self a president of dangerous consequence , and ( as your people feare ) may easily ( in time ) be extended further , as to badgers of corne , makers of mal● , drovers of cattel , and such like , who , in such sort , are to be licenced by iustices of peace , as those persons are , upon whom , at this time , this present charg● and tax is layd . secondly such howses , being often times at ( the best ) the harbours of idlenes , drunkennes , whoredome , & all maner of felonies , the licences are now ( the honester sort , in most places , refusing to vndergo the new charge ) rented , & taken by the looser , and baser sort of people , who have no conscience how they gaine , by reason whereof all manner of vice , and evill behaviour is likely every day to encrease : neyther can the iustices of peace conveniently prevent the same : for that the persons licenced under the late contribution , affirme , with clamour , that they have a toleration for a yeare , and that such persons are not friends unto the crowne , that seeke to suppresse them , and thereby to diminish your highnes revenewes . thirdly many iustices of peace , ( being sworne to execute their office ) which for this particular they conceive to be , that alehouse keepers formerly licensed , are not to be suppressed without iust , and reasonable cause , cannot be satisfied touching their sayd oath , but are much distracted , and perplexed what to doe ( the late instructions notwithstanding ) against such persons , a● otherwise being not knowen to be of evi● behaviour , onely refuse to pay this late taxed and imposed some of money . in consideration whereof , your humble cōmons most instantly beseech your most excellent maiestie that the former letters , and instructions may be countermaunded , or stayed , and all further directions , and proceedings in that kinde forborne . among many resemblances , which are observed to be between naturall and politique bodies , there is none more apt , and naturall then this , that the diseases of both doe not , at one instant , cōmonly seise vpon all partes : but beginning in some one part , doe , by tract of time , and by degrees , get possession of the whole , unlesse by applying of wholesome and proper remedies , in due time , they be prevented . which as it is in many things very visible ▪ so it is in nothing more apparant , then in this matter of impositions : which beginning at the firste eyther with forreigne commodities brought in , or such of our owne , as were transported , is now extended to those cōmodities , which growing in this kingdome , are not transported , but uttered to the subjects of the same : for proofe whereof , wee doe , with all humilitie present unto your ma : view the late imposition of . pence the chalder of seacole rising in blith & sunderland , not by vertue of any contract , or grant ( as in the coales of new castle ) but under a meer pretext of your majesties most royall prerogative : which imposition is not onely grievous for the present ( especially to those of the poorer sort , the price of whose onely , and most necessarie fewell is thereby , to their great griefe , inhaunced ) but dangerous also for the future ; considering that the reason of this president may be extended to all the commodities of this kingdome . may it therefore please your most excellent maiestie , who is the great , and soveraigne physition of this estate , to apply such a remedie as this disease may be presently cured , and all diseases for tyme to come , of like nature , prevented . these grievances were presented to his maiesty with a speach of sir fr. bacon , by . of the lower house . . july . in the . session of parliament ; because the king commanded . and no moe , &c. notes, typically marginal, from the original text notes for div a -e new impositions . cōmission ecclesiasticall . proclamations . stay of writes of prohibition , &c. . shires . new drapery . license of wines . alehouses seacole . by the king, a proclamation requiring the members of both houses of parliament to attend at the time prefixed by the adjournment, being the twenty fourth day of october next england and wales. sovereign ( - : charles ii) approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing c estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) by the king, a proclamation requiring the members of both houses of parliament to attend at the time prefixed by the adjournment, being the twenty fourth day of october next england and wales. sovereign ( - : charles ii) charles ii, king of england, - . broadside. printed by the assigns of john bill and christopher barker ..., in the savoy [i.e. london] : . "given at our court at whitehall, the one and twentieth of august . in the two and twentieth year of our reign." reproduction of original in the guildhall, london. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- parliament. great britain -- history -- charles ii, - . great britain -- politics and government -- - . - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion c r diev et mon droit honi soit qvi mal y pense royal blazon or coat of arms by the king. a proclamation requiring the members of both houses of parliament to attend at the time prefixed by the adjournment , being the twenty fourth day of october next . charles r. whereas the parliament hath been adjourned to the twenty fourth day of october now next coming ; the kings most excellent majesty having a full purpose and resolution to keep to that time , and being desirous , for weighty considerations , to have then a full assembly of the members of parliament : his majesty therefore , with the advice of his privy council , hath thought fit to declare and publish his said resolution . and also by this his proclamation doth require all and every the peers of this realm , and all and every the knights , citizens and burgesses of the house of commons , to give their attendance at westminster on the said twenty fourth day of october next precisely : wherein his majesty doth expect a full obedience to his royal will and pleasure . given at our court at whitehall , the one and twentieth of august . in the two and twentieth year of our reign . god save the king. in the savoy , printed by the assigns of john bill and christopher barker , printers to the kings most excellent majesty , . ten seasonable queries proposed by a protestant that is for liberty of conscience to all perswasions. protestant that is for liberty of conscience to all perswasions. approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing t estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) ten seasonable queries proposed by a protestant that is for liberty of conscience to all perswasions. protestant that is for liberty of conscience to all perswasions. sheet ([ ] p.) s.n., [london? : ?] probable date and place of publication from steele. reproduction of original in huntington library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng liberty of conscience -- early works to . church and state -- england -- early works to . great britain -- politics and government -- - broadsides -- england -- london -- th century - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion ten seasonable queries , proposed by a protestant that is for liberty of conscience to all perswasions . i. whether any real and zealous papist was ever for liberty of conscience ? it being a fundamental principle of their religion , that all christians that do not believe as they do , are hereticks , and ought to be destroyed . ii. whether the king be a real and zealous papist ? if he be ; whether he can be truly for liberty of conscience ? iii. whether this king in his brother's reign did not cause the persecution against dissenters to be more violent than otherwife it would have been ? iv. whether he doth not now make use of the dissenters to pull down the church of england , as he did of the church of england to ruin the dissenters , that the papists may be the better enabled , in a short time , to destroy them both ? v. whether any ought to believe he will be for liberty any longer than it serves his turn ? and whether his great eagerness to have the penal laws and test repealed be onely in order to the easie establishing of popery ? vi. whether if these penal laws and test were repealed , there would not many turn papists that now dare not ? vii . whether the forcing of all that are in offices of profit or trust in the nation , to lose their places , or declare they will be for repealing the penal laws and test , be not violating his own declaration for liberty of conscience , and a new test upon the people ? viii . whether the suspending the bishop of london , the dispossessing of the fellows of magdalen colledge of their freeholds , the imprisoning and prosecuting the seven bishops for reasoning according to law , are not sufficient instances how well the king intends to repeal his declaration for liberty of conscience , wherein he promiseth to protect and maintain all his bishops and clergy , and all other his subjects of the church of england in quiet and full enjoyment of all their possessions , without any molestation or disturbance whatsoever ? ix . whether the usage of the protestants in france and savoy , for these three years past , be not a sufficient warning not to trust to the declaration , promises or oaths in matters of religion of any papist whatsoever ? x. whether any equivalent whatsoever under a popish king , that hath a standing army , and pretends to a dispensing power , can be as equal security as the penal laws and test , as affairs now stand in england ? if any think fit to answer these queries , they are desired to do it as plainly and fairly as they are here put . the humble proposals of sundry learned and pious divines within this kingdome concerning the engagement intended to be imposed on them for their subscriptions. reynolds, edward, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing r ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing r estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the humble proposals of sundry learned and pious divines within this kingdome concerning the engagement intended to be imposed on them for their subscriptions. reynolds, edward, - . [ ], p. [s.n.], london : . written by edward reynolds. cf. nuc pre- . reproduction of original in huntington library. eng westminster assembly ( - ) great britain -- church history -- th century. great britain -- politics and government -- - . a r (wing r ). civilwar no the humble proposals of sundry learned and pious divines within this kingdome. concerning the engagement, intended to be imposed on them for reynolds, edward c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - jonathan blaney sampled and proofread - jonathan blaney text and markup reviewed and edited - pfs batch review (qc) and xml conversion the humble proposals of sundry learned and pious divines within this kingdome . concerning the engagement , intended to be imposed on them for their subscriptions . psal. . . they commune of laying snares privily . exod. . . thou shalt not follow a multitude to do evil . pet. . . for it is better if the will of god be so , that ye suffer for well doing then for evill doing . london , printed in the year , . the humble proposals of sundry divines within the kingdom , concerning the engagement intended to be imposed on them for their subscriptions . we ministers of the gospell of jesus christ , who have all of us from the beginning faithfully served the parliament , and have in pursuance of those great and honourable ends of just liberty and reformation , suffered many and grievous things in our names and estates from the common enemy : and to this day have adhered to our first principles , and do still promise in our places and stations to maintain the peace of this nation , and to pay obedience to the lawes thereof ; conceiving it our duty in such a time as this , in all wayes of meekness and humility to endeavour the preservation of our inward peace and outward safety , being streightned in conscience upon the case of the present engagement , do humbly offer these ensuing particulars . . that although we hold our selves bound by our former solemn covenants and engagements , in that sense of them wherein they were by publick authority imposed on us , yet being convinced of the necessity of civill government in a land , for the preservation of humane society , and prevention of all those evills which the outrages of wicked men unrestrained would produce , and upon mature deliberation considering , that when the wise and holy providence of god ( whose judgements are unsearchable , and wayes past finding out ) shall at any time so shake the foundations of states and kingdoms , as to disable one government from affording protection and preservation , and to admit any other to obtain it ; it is not then strange to the will of god , light of nature , judgement of the learned , and practice of christians in former ages , nor to our own principles or former engagements , to live quietly and peaceably in our places and callings , and to submit to such things as are imposed upon , or required of us , by the powers which are in actual possession , being things in themselves lawfull and necessarie to the preservation of our selves and others , ( for this we conceive may be done without disputing the right or title of those that are in place of magistracy ) we do upon these premises declare that we wil accordingly behave our selves . . that we do humbly conceive that there is a great difference between these things and a subscription to this engagement , in the words wherein it is required , and that in divers respects . first , this subscription ( as to our consciences ) doth imply an approbation of the present establishment , as effected by a full and a free authority . secondly , an active concurrence , and as it were a ratifying consent of the people thereunto , it having been declared , that the originall of all just power is in the people . thirdly , an obligation , to act an all times , in all places and capacities ; to the promoting and strengthening of it , & not only of it ( but by a parity of reason ) of any other , which by the possible advantage of power , may at any time hereafter , even to the prejudice and ruine of this , set up it selfe , and then require of us the like subscription . . being by this engagement bound up to these particulars , as the words seem to import , we further conceive , that we shall by this subscription , violate those former engagements , in oathes , protestations , and in the solemn league and covenant , wherein we were by the former commands of parl. obliged , in which last particular , if the time we entred into it be considered , viz. in the day of our extremity , or the religious solemnity , with hands lifted up to the most high god ; or the matter of it , which is comprehensive of things sacred and civill , and particularly of the rights and priviledges of parliament , and the liberties of the kingdome : or the sense wherein we then took it ; or the asseveration , that we would never be drawn from it , by any terrour or combination whatsoever ; or the durable obligation which we brought upon our selves by it , even all the dayes of our lives ; or the considerations which we had before our eyes in the taking of it , namely the glory of god , the advancement of the kingdome of our lord iesus christ , and the happinesse of the king and his posterity . these things being duly considered , do leave such an awfull impression on our consciences , that anlesse the consistency thereof with this engagement be made unquestionably clear unto us , it cannot but render our consciences trembling & doubtfull , & so the act of engaging , by the apostles rule , to us unlawfull , as by a parity of reason it would have been undoubtedly inconsistent with our covenant , to have subscribed an engagement to the king and lords , without the commons of england , if it should by their agreement and authority , have been required of us . . these things being considered in the nature of the engagement , and in the full relation to which it stands to former engagements , cannot in our judgements but minister matter of generall scandall and offence to multitudes of men , both good and bad , many of whom being not able to make , or happily so much as understand subtile distinctions , whereby guilt may either be evaded or palliated , will look upon us as breakers of our oaths and covenants , as prevaricators of the most sacred and solemn things , as men of ductile spirits , and prostituted consciences , led by principles of fear or interest : which prejudice ( though we would grant , were more founded in the ignorance and mistakes of these men , then many solid and just reasons ) would yet grosly wound the gospel , expose our ministry to scorn ( the honour whereof ought to be dearer to us then our lives ) endanger the reputation , and so weaken the power of it in the consciences of our hearers ( who though through fear or other private ends may themselves have subscribed , yet retain low thoughts of us , as if we acted on the like principles ) as that we cannot but believe , but christ would be a greater looser by our subscription , then the state can any way be a gainer by it ; we desire alwayes to keep in mind the noble resolution of the apostle , who would not in case of scandall use his own just power , but chose rather to suffer all things , lest he should binder the gospel of christ and concluded , it was better for him to die , then that any in that behalf should make his glorying void . upon these and such like grounds , purely consciencious , and not out of any private interest or design , contrary to the peace of this common-wealth , we are 〈◊〉 to forbear subscription , untill either by solemn debate of the engagement ( as of the covenant ) or otherwise , our consciences shall be cleared of important scruples . so we humbly crave leave further to represent ▪ that our former governours ( not duly considering that men even in highest authority as well as others , are by the doctrine of the scriptures concerning scandall , bound to avoid the laying of shares and stumbling-blocks in the way of their brethren ) 〈◊〉 not onely attempted ( as in their late canon● to impose an 〈◊〉 oath , but also enforced subscriptions on many godly and learned ministers , to the utter undoing of themselves and families , and that with such vigour ▪ that the beginning of k. james his government , was with the deprivation of . or 〈◊〉 of them : and though we shall not take upon us to charge upon that severity of theirs the consequences which have followed , yet we may offer this observation ; that sundry examples may be given of gover●●●●s , who have laid the unhappy foundation of ensuing evills to themselves and their people , in the beginning of their government . and therefore we do presume that those in present power ( according to their professed principles and resolutions , to have respect to tender consciences ) wil not 〈◊〉 us to the sad dilemma of chusing either sinne or affliction , and hope that the many years experience of our quiet behaviour and faithfull service , may give them a better assurance and security for our peaceable conversation , then the fained subscriptions of very many ; who professe themselves not engaged by this engagement ; but use ●●s a protection of their estates , and a cover under which they hide and keep warm their former malignity , and who certainly would rejoyce at , and take the advantage of that sad division which is likely to ensue amongst those who have co-operated in the common cause of reformation and just liberty . we being at present shut up under such considerations as these , do humbly beseech those in present power , not to compell us ( whose reputation is as necessary for others , as a good conscience for ourselves ) to draw reproach upon religion , and vilifie the reputation of the ministry , by which the service of jesus christ is advanced , and cause others to think we esteem oaths as changeable as opinions ; and so brand us with the odious mark of 〈◊〉 and prevarication , subject us to the contempt 〈◊〉 〈◊〉 of all , as men of loose and uncertain principles , lay foundations to our selves of subscribing any thing hereafter upon the same grounds , and that unto these things we may not be enforced by so high and heavy a penalty 〈◊〉 to be outlawed of our birth-right , which is a punishment too heavy to be inflicted for no crime , and as we conceive , can hardly be exampled to have been inflicted on any but persons of infamous note , with whom ( we may speak without vanity ) we have not deserved to be numbred , untill by wilfull violation of the lawes , we deprive our selves of their protection , forfeit the benefit of them . finis . notes, typically marginal, from the original text notes for div a e- sect. . sect. . sect. . sect. . sect. . the common-vvealth of israel, or a brief account of mr. prynne's anatomy of the good old cause. by h.s. stubbe, henry, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing s thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) the common-vvealth of israel, or a brief account of mr. prynne's anatomy of the good old cause. by h.s. stubbe, henry, - . [ ], p. printed for tho. brewster, and are to be sold at the sign of the three bibles, at the west-end of pauls, london : . h.s. = henry stubbe. a reply to: prynne, william. the re-publicans and others spurious good old cause, briefly and truly anatomized. annotation on thomason copy: "may th"; "may. .". reproduction of the original in the british library. eng prynne, william, - . -- re-publicans and others spurious good old cause, briefly and truly anatomized. monarchy -- great britain -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason e _ ). civilwar no the common-vvealth of israel, or a brief account of mr. prynne's anatomy of the good old cause.: by h.s. stubbe, henry d the rate of defects per , words puts this text in the d category of texts with between and defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - jonathan blaney sampled and proofread - jonathan blaney text and markup reviewed and edited - pfs batch review (qc) and xml conversion the common-vvealth of israel , or a brief account of mr. prynne's anatomy of the good old cause . by h. s. prov. . . the tongue of the wise useth knowledge aright , but the mouth of fools babbleth out foolishness . london , printed for tho. brewster , and are to be sold at the sign of the three bibles at the west-end of pauls , . the common-wealth of israel , or a brief account of mr. prynne's anatomy of the good old cause . sir , i know you are very inquisitive of news since this miraculous revolution , which god hath brought a bout by means altogether unexpected , for the salvation of his people amongst us : this morning i met with something which may no lesse divert you , then it hath for some time entertained me . the cooks and the grocers have once more excited mr. prynne to write , least they should be put to the expence of clean paper : the world is already satisfied , mr. prynne ▪ doth not diminish his repute by any such performance , and it is no small ▪ benefit to these his abettors ; and this is the good old cause for which he now writes . i assure you the piece is genuine , and no way imposed on the author ; it hath a large title page , and sundry insignificant texts of scripture prefixed ; it is as full of impertinency , rayling , lying and false quotations as any work he ever published . there is a great contest now on foot , whither the juncto of lincolnes inn , or the parliament at westminster , adhere to the old cause ; and if so great personages differ , i may be allowed to dissent from mr. prynne bencher ( and dancer at the late revels ) in lincolns-inne . i say nothing to his introduction , that piece need not be dismissed to the pastry , for i think there never will come out an enquiry to the end of the world , whereunto that may not agree . ( pag. . ) he talks of a confederated triumvirate of republicans , sectaries and souldiers : i am sorry mr. prynne himself contributes so much to the upholding that report , that himself hath lost his senses ▪ as to write thus . a triumvirate , signifying only a government of three joyntly , he must be destitute of common sense that finds out a triumvirate of republicans , sectaries , and souldiers , unlesse he will baptise each of them legion , for they are many : i am sure this is not the good old language . as for the good old cause , he saith , he did not only superficially view the outside of it , but considerately penetrated into the true original seminal sourse and intrails of it . if he had not told us this , we had never guessed so much : but what did mr. prynne discover ? that the good old cause is a plot to blow up subvert destroy the king , queen , prince , royal posterity , lords , commons , kingdom , government , laws , liberty and property of the people of england , yea the very constitution , freedom , power , priviledges of all true english parliaments , the church and ministry of england ▪ and true protestant religion it self , formerly established , to set up oligarchy , anarchy , tyranny , oppression , libertinisme , marshal-government , and all kind of heresies , blasphemies , religions , sects , yea atheisme , popery it self at last in their stead . i would mr. prynne would write sing-songs ; again to be poet and mad , were natural , and his fictions would not be lies . it is not a disgrace , but an indearmeat of the good old cause , that it destroyes king , queen , prince , lords and kingdom in their political capacity , and that is all that is intended by it : to destroy the commons ( whereof the sectaries and republicans , and souldiers , are a part ) is impossible ; as it is inconsistent with a common-wealth ( which is a form of government , and an empire of laws ) to destroy government , laws and property , or freedom as for the pulling down the true protestant religion ( which is lutheranisme , and which was never established here , though cranmer were at first a lutheran ) and setting up heresies , &c. i understand not that , how it can be verified in a just and innocent toleration , nor shall i ever comprehend it , till patience and long-suffering ( in mr. prynne's new language ) he rendred active in signification . but the old cause sets up oligarchy , tyranny [ and marshall government : ] these are such synonymaes to express a common-wealth , as none makes use of , but he that cals good evil ▪ and evil good . but suppose it did set up either of these ( for to erect both any man but mr ▪ prynne would think it impossible ) how shall it set up an anarchy ▪ which is a 〈◊〉 of all government , whereas oligarchy , tyranny marshal-government impose some ? if mr. prynne had any philosophy , i would a●k him how anarccy could be set up any way ▪ it being a thing of pure privation , and so not to be composed by positive actings . but why should you or any body expect philisophy , where there is no sense ? till it be proved , that our old laws , kingship , church-state , &c. were good , it is a begging of the question , to think the pulling down of that is ignominious and execrable . well , but you will say , that he proves monarchy to be the best of governments : therefore it was an ill and not good cause ( how old soever ) that pulled down kingship . truly sir , this lawyers logick is as bad as lawyers latine ; for though our late governors were called kings , they were no monarchs : the latter being a name for such only , who are absolved from all law , and may do what they please without any further use of others , then as instruments and counsellors : but our kings could act no such things ; if the tryals and depositions of former kings did not prove their subjection to coertion ; yet in that they could do nothing in taxes , or law-making , but by the advice and consent of parliament , they were no monarchs . thus all his texts which make for monarchy , do no way render the pulling down of kingship illegal , or r●sh , but rather in part prudential , since that is not the best form of government , as mr. prynne confesses ; monarchy must have that preheminence , and so slavery becomes the best of conditions . i hope the assembly at lincolns-inne will keep a fast for the good success and prosperity of the turk , that so they may have the best of governments , a monarchy . his texts of scripture are excellently impertinent , i never heard better answers at cross questions . is monarchy the best of governments ? yes in good sooth la ! for jer. . v. , . then said jeremiah , thus shall you say to z●dekiah , thus saith the lord god of israel behold i will turn back the weapons of war that are in your hands , wherewith you fight against the king of babel , and against the chaldeans which besiege you without the wals , and i will assemble you into the midst of this city . might not mr. prynne as well have quoted any text in scripture , in which the name of king is mentioned ? even that of , tophet is prepared for the kings of the earth . so jer. . . then shall the kings and the princes enter in at the gates of the city , &c. then , that is , after the captivity , they had no monarchs in israel : such were only they that were the descendants of david , as the jewish rabbins tell us , and they were subordinate to the sanhedrin , and might be scourged by them in case of offence : so that this text proves nothing ( but yet as much as the former ) that monarchy is best , but for the paramount dignity of parliaments over the kings . but you may reply , that it is promised as a blessing , and therefore that is better then a republick . i answer , that where the executive power is in one person triable by a sanhedrin upon breach of law , it is a republick , and the controversie is meerly grammatical , whether this or that is duly named . so that mr. prynne here proves a common-wealth to be the best form of government . but is not mr. prynn a man of admirable qualities to be followed by any , that can think there is any government absolutely best , and abstracting from circumstances ? it is the posture of the nation , and the disposition of the people , which makes this or that government best here or there . in france a monarchy at present is best , but an extraordinary revolution may so order things , that it may be as little feasible there , as amongst us ; and where the land is so modelled , it is a blessing to have a king : all that ezekiel saith is , that god did bless ierusalem , and she fared deliciously , and was very beautiful , and did grow up to a kingdome ; and her name was spread amongst the nations for her beauty , ezek. . , . what then ? he doth not say , that monarchy was the beauty he put upon her to make her perfect ; but that beauty was precedaneous thereunto : and it was for that she was famous among the heathen . these are pretty allegations ! monarchy is so far from being proved best here , that it is not so much as said to be any way good . in deuteronomy no more is said to the advantage of monarchy , then is to be expected from mr. prynne's quotations , deut. . ▪ when thou shalt come unto the land — if thou say . i will set a king over me ▪ like as all the nations that are about me . then thou shalt make him king over thee — and thou shalt write him this law ▪ — i had thought that mr. prynne would have thought if 's and ands to prove nothing ▪ such suppositions infer nothing but the conveniencie of tying a king to laws , if one be chosen , not that it is best to choose one . god did institute a common-wealth in israel , as mr. harrington hath excellently shown ▪ and the rejecting thereof he cals a rejecting of god , sam ▪ . v . i desire all judicious ▪ persons to read that chapter , and consider the preheminence of the best of governments , viz. mr. prynne's monarchy . he pleadeth for monarchy because god is a king , and this he proves by sundry texts ! i would too submit to a monarchy , if my king were omnipotent , omnipresent , omniscient , without passion or shadow of change . this is not for the advantage of every monarchy , no more then if i should say , it is better to ride on horseback then go on foot ; ergo , le ts go buy hobby-horses : if god and christ were as men , passionate and fallible , they should not be my monarchs . in that he cals the good old cause iesuitical , it is not such accusations will make it censurable : the iesuits are ( generally ) against bishops ; so is mr. prynne ; ergo , it is iesuitical to be against bishops : bellarmine too is for monarchy , and saith , it is the best of governments : so sayes mr. prynne too : you see then by his argument , mr. prynne of swanswick is a romish iesuite . the dominicans are against free-will , &c. so is mr. prynne , ergo mr. prynne is a dominican . the pope is principally against a toleration , so is mr. prynne ; ergo , he is an errant papist . but primitive christianity , under christian emperors , allowed and avowed an universal toleration , with a capacity for each not differing in opinions , but religions , to be preferred to the highest dignities ; ergo , the good old cause is agreeable thereunto , and justified by their judgement as well as practise : but of this i shall more at large discourse against mr. prynne , or any else that defie the hoast of israel : my hast permits me to adde no more , but that you may find an ample confutation of all that mr. prynn either hath , or shall write , in pantagruels library within new-colledge in oxon : by the name of tartaretus de modo cacandi ▪ i am , sir , yours , &c. finis . postscript . sir , i suppose these reflections may suffice for to evince the goodness of the cause against mr. prynne ; and to let you see that his writings have much of the lawyer in them ; high charges and imputations are but words of course with them ; and all that cry he makes , is but the way of the mans indicting . as to the antiquity of the cause ; ( though i might say with tertullian upon another account , illud prius quod verius , truth , reason , honesty , and foundations upon nature , will make a cause not only better but older then any plea from musty records , and concessions extorted from tyrants ) enough by other penns hath been said ; and what he saith was never the design of the parliament , was objected to them for such by their quick sighted adversaries . i cannot examine his proofs , but you may conjecture by his scripture allegations how his others would appear upon a review . it is clear from the covenant , that the generous english never intended the defence of the king , otherwise then as it was consistent with the subjects liberty and priveledges of parliament . as to the seclusion of members , i understand not why if some betray their-trust , others may not be faithful , mr. prynne once taught , that if the house of lords dissented and refused to provide for the safety of the people , the house of comomons alone might do it : why may not a part of the latter house take the like care upon the like exigency ? i profess i see not how one is a greater breach of priviledg then the other : or less inconsistant with mr. prynnes similitude used by him in his defence of the warr against the king , viz. as in a storm , if the marriners are drunk or neglect their duty , or drive upon rocks , the rule of selfe-preservation permits any body to interpose . so is there not as great a danger now as ever , of the nation ? may we only use arms to provoke , not secure ? and take them up that we may lay them down at the feet of kings together with our necks , to be trampled on ? it were more prudential in case of oppression to go with halters at first , and so to encline to mercy , then to enrage them , and then give them opportunity to satisfie their fury . of magistracy johnson, samuel, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing c estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : or : ) of magistracy johnson, samuel, - . p. printed for l.c. ..., london : . at head of title: chap. i. this work was also included in samuel johnson's "a second five year's struggle against popery and tyranny" published . imprint from colophon. this item appears at reel : as wing c (number cancelled), and at reel : as wing j a. copy at reel : cropped, lacks imprint. reproduction of originals in british library and harvard university library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng great britain -- history -- revolution of . great britain -- politics and government -- - . - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - tcp staff (michigan) sampled and proofread - tcp staff (michigan) text and markup reviewed and edited - pfs batch review (qc) and xml conversion chap. i. of magistracy . i. relation is nothing else but that state of mutual respect and reference , which one thing or person has to another . ii. such are the relations of father and son , husband and wife , master and servant , magistrate and subject . iii. the relations of a father , husband and master , are really distinct and different ; that is , one of them is not the other ; for he may be any one of these who is none of the rest . iv. this distinction proceeds from the different reasons , upon which these relations are founded . v. the reason or foundation , from whence arises the relation of a father , is from having begotten his son , who may as properly call every old man he meets his father , as any other person whatsoever , excepting him only who begat him . vi. the relation of an husband and vvife is founded in vvedlock , whereby they mutually consent to become one flesh. vii . the relation of a master is founded in that right and title which he has to the possession , or service , of his slave or servant . viii . in these relations , the name of father , husband , and master , imply soveraignty and superiority , which varies notwithstanding , and is more or less absolute , according to the foundation of these several relations . ix . the superiority of a father is founded in that power , priority , and dignity of nature , which a cause hath over its effect . x. the distance is not so great in vvedlock , but the superiority of the husband over the vvife , is like that of the right hand over the left in the same body . xi . the superiority of a master , is an absolute dominion over his slave , a limited and conditionate command over his servant . xii . the titles of pater patriae , and sponsus regni , father of the country , and husband of the realm , are metaphors and improper speeches : for no prince ever begat a whole country of subjects ; nor can a kingdom more properly be said to be married , than the city of venice is to the adriatique gulph . xiii . and to shew further , that magistracy is not paternal authority , nor monarchy founded in fatherhood ; it is undeniably plain , that a son may be the natural soveraign lord of his own father , as henry the second had been of ieffrey plantagenet , if he had been an englishman ; which , they say , henry the seventh did not love to think of , when his sons grew up to years . and this case alone is an eternal confutation of the patriarchate . xiv . neither is magistracy a marital power , for the husband may be the obedient subject of his own vvife , as philip was of queen mary . xv. nor is it that dominion which a master has over his slave , for then a prince might lawfully sell all his subjects , like so many head of cattle , and make money of his whole stock when ever he pleases , as a patron of algiers does . xvi . neither is the relation of prince and subject the same with that of a master and hired servant , for he does not hire them , but , as st. paul saith , they pay him tribute , in consideration of his continual attendance and imployment for the publick good. xvii . that publick office and imployment is the foundation of the relation of king and subject , as many other relations are likewise founded upon other functions and administrations . such as guardian and ward , &c. xviii . the office of a king is set down at large in the xvii . chap. of the laws of king edward the confessor , to which the succeeding kings have been sworn at their coronation : and it is affirmed in the preambles of the statutes of (a) marlbridge , and of the statute of quo warranto , made at (b) gloucester , that the calling of parliaments to make laws for the better estate of the realm , and the more full administration of iustice , belongeth to the office of a king. but the fullest account of it in few words , is in chancellor fortescue , chap. xiii . which passage is quoted in calvin's case , coke vii . rep. fol. ad tutelam namque legis subditorum , ac eorum corporum , & bonorum , rex hujusmodi erectus est , & ad hanc potestatem a populo effluxam ipse habet , quo ei non licet potestate alia suo populo dominari . for such a king ( that is of every political kingdom , as this is ) is made and ordained for the defence or guardianship of the law of his subjects , and of their bodies and goods , whereunto he receiveth power of his people , so that he cannot govern his people by any other power . corollary i. a bargain 's a bargain . . a popish guardian of protestant laws is such an incongruity , and he is as unfit for that office , as antichrist is to be christ's vicar . chap. ii. of prerogatives by divine right . i. government is not matter of revelation ; if it were , then those nations that wanted scripture , must have been without government ; whereas scripture it self says , that government is the ordinance of man , and of humane extraction . and king charles the first says , of this government in particular , that it was moulded by the wisdom and experience of the people . answ. to xix . prop. ii. all just governments are highly beneficial to mankind , and are of god , the author of all good ; they are his ordinances and institutions , rom. . , . iii. plowing and sowing , and the whole business of preparing bread-corn , is absolutely necessary to the subsistence of mankind ; this also cometh forth from the lord of hosts , who is wonderful in counsel , and excellent in working , isa. . from . to verse . iv. vvisdom saith , counsel is mine , and sound wisdom ; i am vnderstanding , i have strength : by me kings reign , and princes decree iustice : by me princes rule , aud nobles , even all the iudges of the earth , prov. . . v. the prophet , speaking of the plowman , saith , his god doth instruct him to discretion , and doth teach him , isa. . . vi. scripture neither gives nor takes away mens civil rights , but leaves them as it found them , and ( as our saviour said of himself ) is no divider of inheritances . vii . civil authority is a civil right . viii . the law of england gives the king his title to the crown . for , where is it said in scripture , that such a person or family by name shall enjoy it ? and the same law of england which has made him king , has made him king according to the english laws , and not otherwise . ix . the king of england has no more right to set up a french government , than the french king has to be king of england , which is none at all . x. render unto caesar the things which are caesars ; neither makes a caesar , nor tells who caesar is , nor what belongs to him ; but only requires men to be just , in giving him those supposed rights , which the laws have determined to be his . xi . the scripture supposes property , when it forbids stealing ; it supposes mens lands to be already butted and bounded , when it forbids removing the antient land marks : and as it is impossible for any man to prove what estate he has by scripture , or to find a terrier of his lands there ; so it is a vain thing to look for statutes of prerogative in scripture . xii . if mishpat hammelech , the manner of the king , sam. . . be a statute of prerogative , and prove all those particulars to be the right of the king , then mishpat haccohanim the priest's custom of sacrilegious rapine , chap. . . proves that to be the right of the priests , the same word being used in both places . xiii . it is the resolution of all the iudges of england , that even the known and undoubted prerogatives of the iewish kings , do not belong to our kings , and that it is an absurd and impudent thing to affirm they do . coke rep. p. . mich. . iac. note , upon sunday the tenth of november , in this same term , the king , upon complaint made to him by bancroft , archbishop of canterbury , concerning prohibitions , was informed , that when question was made of what matters the ecclesiastical iudges have cognizance , either upon the exposition of the statutes concerning tythes , or any other thing ecelesiastical , or upon the statute eliz. concerning the high commission or in any other case , in which there is not express authority by law , the king himself may decide it in his royal person ; and that the iudges are but the delegates of the king , and that the king may take what causes he shall please to determine from the determination of the iudges , and may determine them himself . and the archbishop said , that this was clear in divinity , that such authority belongs to the king , by the word of god in scripture . to which it was answered by me , in the prefence , and with the clear consent of all the iustices of england , and barons of the exchequer , that the king in his own person cannot adjudge any case , either criminal , as treason , felony , &c. but this ought to be determined and adjusted in some court of iustice , according to the law and custom of england . and always iudgments are given , ideo-consideratum est per curiam , so that the court gives the iudgment : — and it was greatly marvelled , that the archbishop durst inform the king , that such absolute power and authority , as is aforesaid , belonged to the king , by the word of god. chap. iii. of obedience . i. no man has any more civil authority than what the law of the land has vested in him ; nor is he one of st. paul's higher powers any farther , or to any other purposes than the law has impower'd him . ii. an usurped , illegal and arbitrary power , is so far from being the ordinance of god , that it is not the ordinance of man. iii. vvhoever opposes an usurped , illegal , and arbitrary power , does not oppose the ordinance of god , but the violation of that ordinance . iv. the of the romans commands subjection to our temporal governors , because their office and imployment is for the publick welfare ; for he is the minister of god to thee for good . v. the of the hebrews commands obedience to spiritual rulers , because they watch for your souls . vi. but the of the hebrews did not oblige the martyrs and confessors in queen mary's time , to obey such blessed bishops as bonner and the beast of rome , who were the perfect reverse of st. paul's spiritual rulers , and whose practice was murthering of souls and bodies , according to that true character of popery which was given it by the bishops who compiled the thanksgiving for the fifth of november ; but archbishop laud was wiser than they , and in his time blotted it out . the prayer formerly run thus : to that end strengthen the hands of our gracious king , the nobles and magistrates of the land , to cut off these workers of iniquity ( whose religion is rebellion , whose faith is faction , whose practice is murthering of souls and bodies ) and to root them out of the confines of this kingdom . vii . all the iudges of england are bound by their oath , and by the duty of their place● to disobey all writs , letters , or commands , which are brought to them , either under the little seal , or under the great seal , to hinder or delay common right . are the iudges all bound in an oath , and by their places , to break the of the romans ? viii . the engagement of the lords attending upon the king at york , iune . . which was subscribed by the lord keeper , and thirty nine peers , besides the lord chief-iustice banks , and several others of the privy-council , was in these words : we do engage our selves not to obey any orders or commands whatsoever , not warranted by the known laws of the land. was this likewise an association against the of the romans ? ix . a constable represents the king's person , and in the execution of his office is within the purview of the of the romans , as all men grant ; but in case he so far pervert his office , as to break the peace , and commit murther , burglary , or robbery on the highway , he may , and ought to be resisted . x. the law of the land is the best expositor of the of the romans , here , and in poland , the law of the land there . xi . the of the romans is received for scripture in poland , and yet this is expressed in the coronation oath in that country ; quod si sacramentum meum violavero , incolae regni nullam nobis obedientiam praestare tenebuntur . and if i shall violate my oa●h , the inhabitants of the realm shall not be bound to yield me any obedience . xii . the law of the land , according to bracton , is the highest of all the higher powers mentioned in this text ; for it is superior to the king , and made him king , ( lib. iii. cap. xxvi . rex habet superiorem deum , item legem , per quam factus est rex , item curiam suam , viz. comites & barones ) and therefore by this text we ought to be subject to it in the first place . and , according to melancthon , it is the ordinance of god , to which the higher powers themselves ought to be subject . vol. iii. in his commentary on the fifth verse , ( wherefore ye must needs be subject , not only for wrath , but also for conscience sake . ) he has these words , neque vero haec tantum pertinent ad subditos , sed etiam ad magistratum , qui cum fiunt tyranni , non minus dissipant ordinationem dei , quam seditiosi . ideo & ipsorum conscientia fit rea , quia non obediuut ordinationi dei , id est , legibus , quibus debent parere . ideo comminationes hic positae etiam ad ipsos pertinent . itaque hujus mandati severitas moveat omnes , ne violationem politici status putent esse leve peccatum . neither doth this place concern subjects only , but also the magistrates themselves , who when they turn tyrants , do no less overthrow the ordinance of god than the seditious ; and therefore their consciences too are guilty , for not obeying the ordinance of god , that is , the laws which they ought to obey : so that the threatnings in this place do also belong to them ; wherefore let the severity of this command deter all men from thinking the violation of the political constitution to be a light sin. corollary . to destroy the law and legal constitution , which is the ordinance of god , by false and arbitrary expositions of this text , is a greater sin than to destroy it by any other means ; for it is seething the kid in his mothers milk . chap. iv. of laws . i. there is no natural obligation , whereby one man is bound to yield obedience to another , but what is founded in paternal or patriarchal authority . ii. all the subjects of a patriarchal monarch are princes of the blood. iii. all the people of england are not princes of the blood. iv. no man who is naturally free can be bound , but by his own act and deed. v. publick laws are made by publick consent , and they therefore bind every man , because every man's consent is involved in them . vi. nothing but the same authority and consent which made the laws , can repeal , alter , or explain them . vii . to judge and determine causes against law , without law , or where the law is obscure and uncertain , is to assume legislative power . viii . power assumed , without a man's consent , cannot bind him as his own act and deed. ix . the law of the land is all of a piece , and the same authority which made one law , made all the rest , and intended to have them all impartially executed . x. law on one side , is the back-sword of iustice. xi . the best things , when corrupted , are the worst ; and the wild iustice of a state of nature , is much more d●sirable than law perverted , and over-ruled , into hemlock and oppression . london , printed for l. c. near fleet-bridge . . notes, typically marginal, from the original text notes for div a -e (a) prout regalis officii exposcit utilitas (b) sicome le profit de office demaunde . the kingly or regal office of this realm jo . mar. sess. . cap. . notes for div a -e give us a king to iudge us . sam. . . , . notes for div a -e verse . verse edw. edw cap. . the history of whiggism, or, the whiggish-plots, principles, and practices (mining and countermining the tory-plots and principles) in the reign of king charles the first, during the conduct of affaires, under the influence of the three great minions and favourites : buckingham, laud, and strafford, and the sad forre-runners and prologues to that fatal-year (to england and ireland) : wherein (as in a mirrour) is shown the face of the late (we do not say the present) times. hickeringill, edmund, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing h wing h c estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : or : ) the history of whiggism, or, the whiggish-plots, principles, and practices (mining and countermining the tory-plots and principles) in the reign of king charles the first, during the conduct of affaires, under the influence of the three great minions and favourites : buckingham, laud, and strafford, and the sad forre-runners and prologues to that fatal-year (to england and ireland) : wherein (as in a mirrour) is shown the face of the late (we do not say the present) times. hickeringill, edmund, - . [i.e. ] p. printed for e. smith ..., london : . a satirical dialogue between a whig, a tory, and tantivee. attributed to edmund hickeringill. cf. dnb. imperfect: faded with loss of text; numerous errors in paging. "the second part of the history of whiggisme ..." (p. - ) appears as wing h c at reel : , with caption title and colop. reproduction of originals in bodleian library and harvard university library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng great britain -- history -- charles i, - . great britain -- politics and government -- - . - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - megan marion sampled and proofread - megan marion text and markup reviewed and edited - pfs batch review (qc) and xml conversion the second part of the history of whiggisme , or the whiggish-plots principles and practices ( mining and countermining the tory-plots , principles and practices ) in reign of king charles i. tory . once more , well met mr. tantivee , and honest whigg : tantivee . whigg . we come on purpose to hear the continuation of your history of whiggisme ; tory. i neither am able ( nor do i pretend ) to tell you any thing but what is to be found in chronicles , histories , and at large already in print . tant . ay , but i have not money to buy them , nor leisure to read large volumes , give us onely an abridgment out of those vaster collections , in relation only to the whiggisme of them . tory. with all my heart ; where left i off ? tant . at mr. moor's release and discharge by his gracious majesty charles . and the imprisonment and release of the earl of arundel . tory. oh! 't is right . whigg . but was not that part of the kings answer about the imprisonment of the earl of arundel ( namely — my lords , by this i do not mean to shew the power of a king , by diminishing your priviledges ; ) ill resented by the house of lords ? tory. it plainly intimated that the king thought he had such a power , or some ( about him ) made him believe he had such a power of a king to diminish their priviledges , but he did not mean to show it . tant . no , the more gracious king he. tory. however , the house of lords were so allarum'd at the expression , that lest they should happen to have a king that was less gracious or of a worse meaning , they would not meddle with any business 'till they had secured as well as claim'd their priviledges , by another tenure than what was meerly arbitrary , ad libitum regis , and therefore adjourn'd in disgust , resolving unanimously to take nothing into consideration , 'till they had contrived how their priviledges might be secur'd to posterity ; which being perceiv'd , the earl of arundel ( as you have heard ) was releas't to them , for which he was thankfull . tant . ay , that was right tory-like , and most loyally done ; some whiggs would not so religiously have kist the rod that whips them . whigg . 't is somewhat against the grain of humanity , to fawn , spaniel-like , upon the hand that beats them . tant . some men are so loyal as to make a legg at every box of the ear ; who may say to a king what dost thou ? whigg . misapply'd and misconstru'd scriptures make up a tantivee , and makes a man be a tantivee . tant . why ? is not the king's will a law ? whigg . in france they say , and in turkey , not in england ; for so the barons of england told the two cardinals ( whom the pope sent to reconcile the differences betwixt king and people , about magna charta , liberties and prerogative ) that , there were many worthy and learned men in the kingdom , whose council they would use and not strangers , who knew not the cause of their commotion , ( in the reign of k. edward . ) tory. no , i must confess , that forreigners ( unacquainted with the fundamental constitution of our government and laws ) are no competent judges of the lawfulness or unlawfulness of contests betwixt king and people . whigg . ay , the english were alwayes tender of their liberties . tant . but if english kings did invade their liberties , they used no remedy ( i hope ) but prayers and tears . whigg . and bows and arrows , and long swords , until the kings were contented to rule them according to their oath , and the law of the land. tant . ay , perhaps when they happened to have some easie , weak , timerous and condescending king. whigg . no , in such a juncture , they were alwayes the calmer , but grew rough , raging , high and boysterous , the more vehement , strong and tempestuous their kings were ; as for instance , in edw. . another saul , for he was higher and taller than ordinary men by the head and shoulders , and as tyrannical too as king saul was : he at one time ( at the instigation of william marchian , then lord treasurer ) fetch 't all the riches out of the churches and religious houses , and put it into his own exchequer ; loans , benevolences , the writ of trailbaston , great fines were used by him ; in the seventeenth year of his reign he fined all his judges ( pretending ) for corruption , the least of them one thousand marks , an immense summe in those dayes ; but some of them two thousand , some three thousand , some four thousand , some six thousand , and the chief justice ( sir ralph de hengham ) seven thousand marks ; the chief baron ( sir adam stratton ) four and thirty thousand marks ; but from thomas wayland all his goods and whole estate confiscate , and himself banish't ; and just so he used the jews , which were then ( in england ) very rich and very numerous : 't is said of k. hen. . that he never spared man in his anger , nor woman in his lust ; but king edw. . was as resolv'd as he , as couragious and stout ( leaving the marks of his personal valour , the trophies of his victories in the holy-land before he was king ) but he could disguise his furious resentments , and adjourn revenge seven and seven years , 'till he could safely execute it . tant . safely ! why who should or durst say to that most couragious and victorious king , ( that thrice conquer'd scotland , france and wales , ) what dost thou ? whigg . his own people and subjects forc't him to reason , and to rule them according to law , his oath , and magna charta ; the parliament-men came to his parliament attended with armed men , very numerous at stamford , edw. . to make him fulfill and execute the charter of the forrest ; says walsingham and knighton two famous historians of those times , rex angliae sub his diebus parliamentum tenuit stamford , ad quod convenerunt comites & barones cum equis & armis , co prout dicebatur proposito , ut executionem chartae de foresta hactenùs dilatam extorquerent ( mind that ) ad plenum . tant . ay , but how did the stout king edward treat these armed petitioners ? whigg . they ask't nothing but what the laws and his own oath ought to have compelled him unto , and the king yielded to their requests ; rex autem eorum instantiam & importunitatem attendens , eorum voluntati in omnibus condescendit ; ( knighton sayes ) de quâ re rex integrè & plenè eorum voluntatem implevit ad vota ; in which matter the king fully and wholly granted their desires to their wishes . tant . it was very civilly done of him . whigg . it was wisely and honestly done , and as his coronation oath , equity , reason , conscience and the laws , ( from none of which english kings pretend to be exempt ) did adjure him , and constrain him ; and they are devillish councellors , and the kings worst enemies and traitors that perswade him to act contrary to law : power is high enough without being wanton , and lasts longest when it is not stretcht to the height , or over-stretcht , 't is a wonder that a thing so uneasie should please . tory. ambition and covetousness know no bounds , and i have read king edward got the pope to set him free from the obligation of his coronation oath and magna charta . tant . but did the pope absolve him and let him loose and free from his oath and the laws ? tory. yes , he did ; for the pope was a native of burdeaux , born in king edward's domnions , but yet he would not acquit him of his oath and obligation to his subjects and his own conscience , 'till the king sent his holiship all manner of vessels belonging to a chamber , made of pure gold , and then the pope untied the king from the covenant made with his subjects concerning their charters , confirmed unto them by his last three acts of parliament . tant . has the pope power to do these things ? whigg . yes , fools think so , and knaves would perswade others to think so ; the king and the pope got by it , but the poor english subjects paid for all . tant . but did not the king pay part of the reckoning ? whigg . no doubt on 't , king edward . made a shift with much bickering to rub through , and come to his grave in peace , dying on his fair death ; but his son edw. . that followed his fathers steps when he could or durst , had not the wit , or else not the luck to manage the feat so well ; ( poor rehoboam ! ) for he was deposed by the parliament , or rather was perswaded to depose himself , lest his son also should be excluded from the crown : ( for so they threatned , and to make a king of another race ) thus he lost his kingdom , no blow struck , no battel fought , done forcibly and yet without force , violently and yet with consent . tant . then surely he had first lost the hearts of his people . whigg . you may be assured of it , for ( at first ) his subjects refused to suffer him to be crowned , unless he would remove gaveston from the court and kingdom , which dampt king edward's spirit , especially many of his great friends being then at court witnesses of his disgrace , as charles of valois the queens unkle , and brother to her father ( philip the fair ) the french king , the dukes of brittain and brabant , the count of luxemburg , who was afterwards emperour , the duke of savoy , the dutchesses of brabant and artois , with many other princes and great ladies , so that the king solemnly swore he would do what they desired in the next parliament , so they would be quiet now ; and thereupon the coronation went on . tant . could not so many forreign princes and so powerful , encourage the king to repel ( with force ) his subjects insolence . whigg . insolence ? oh brave tantivee ! what would have become of thee if thou hadst liv'd in these dayes to have an answer in parliament for your tantivee-principles , so discrepant from , and inconsistent with our english-frame , constitution and fundamental laws ? tant . why ? were parliaments so malapert in those dayes ? whigg . malapert ? hey day ! what again in your tantivee-strain , you have got the language of some late addressers , that take upon them to judge the highest court and council of the kingdom , the parliament . tant . in your opinion ( you mean ) the highest council . whigg . dare you say to the contrary , whatever you think ? tant . i durst , if i were sure never to live to see another parliament . whigg . ay , thou art a good one , but the parliament ( as soon as they met ) drew articles of their grievances , which , though seeming harsh to the king , yet for avoiding further inconvenience , he yielded unto them . tant . inconvenience ? what inconvenience ? they were subjects and christians in those dayes , and had no weapons but prayers and tears , which can bring no great inconvenience , if a man resolve to be hard-hearted . whig . no , thou ( i believe ) art prayer-proof ; but king edward . remembred well , that in his stout fathers time , the parliament met at london , octob. . non tamen nudi , not naked and unarm'd , but ( immò cum quingentis equis armatis & multitudine magnâ peditum electorum , ) with five hundred horse , and a vast number of choice foot : induxerunt etiam cives londoniarum , ut pro recuperandis libertatibus secum starent ; the citizens of london were brought to stand up with them , for the recovery of their charters and liberties : comitibus itaque & baronibus pariter conglobatis & confederatis , necnon majoritate populi eis inclinante ; several lords and barons confederating and leaguing solemnly together , with the majority of the common-people , inclining to their side . tant . what ? against the king ? whig . no , for the ling , against evil councellors that seduc'd the king against his oath , his conscience , religion and law : and the historian hen. knighton gives the reason of this general confederacy — quia communem profectum & utilitatem amplectebatur , communes diligebant eos fortiter ; because the conlederates or covenanters stood for the common benefit and common-weal , and the laws , therefore the people lov'd them mightily ; and voluntarily accompanyed their parliament-men to london with horse and arms at their own charge : nay , 't is a wonder that any man that had an english heart in his belly could be a fawning spaniel-like tantivee ; some french bastard sure . tant . but , what said the king to his armed parliamentarians ? whig . said ? he did ( instead of saying any thing ) his duty , and confirmed their charters and liberties , so often confirmed and so often wickedly and illegally broken and encroach't upon : but king edward . was loath to confirm their charters , except with this clause — salvo jure coronae nostrae ; saving the rights of our crown : but , the people would not , by any means , admit that saving — and exception ; so that the king confirm'd them as formerly ; as k. charles . after a long tugg in the house of lords consented to the petition of right , without the saving ; or leaving intire that sovereign power wherewith , &c. whereupon , — ( sayes mr. noy ) to adde a saving is not safe : and sayes mr. alford — let us look into the records , and see what they are ; what is sovereign power ? bodin saith , that is free from any condition , by this we shall acknowledge a regal as well as a legal power ; let us give that to the king that the law gives him and no more : tory. there spoke a whigg . whigg . true : ( so mr. pym added ) i know how to adde sovereign to his person but not to his power : also , we cannot leave to him a sovereign power : also , we never were possessed of it : tory. our king ( god bless him ) does not pretend to absolute and arbitrary power . whig . sovereign power cannot be invested in any thing that is not omnipotent . and the great oracle of the law added , that the saving , or leaving intire the sovereign power , &c. will overthrow all our petition of right ; it trenches to all the parts of it ; it flyes at loans , and at the oath , and at imprisonment and billeting of souldiers , this turns all about again . i know that prerogative is part of the law , but sovereign power is no parliamentary word : in my opinion , it weakens magna charta and all our statutes , for they are absolute without any saving of sovereign power ; take we heed what we yield unto : magna charta is such a fellow that he will have no soveraign : i wonder this soveraign was not in magna charta or the confirmations of it ; if we grant this , by implication we give a soveraign power above all these laws , ( mind that ; for all power and liberties and prerogatives are bounded and limited by the laws , and though they be great as the sea , yet have their bounds , the law saying , hitherto shalt thou go , and no further , and here shall thy proud waves be stay'd ; no prerogative is infinite in england , nor any power omnipotent , ( except that of god alone ) the law limits and bounds us all from the greatest to the least . ) and therefore sir eward cook goes on , telling the house ; that power in law is taken for a power with force ; the sheriff shall take the power of the county ; what it means here , god only knows : it is repugnant to our petition ( that is , the king shall not billet souldiers , raise money by privy seals , loans , imprison without cause in law shewn , &c. saving by his soveraign power : ) our petition is a petition of right , grounded on acts of parliament : our predecessors would never endure a salvo jure suo , no more than the kings of old could endure for the church , salvo honore dei & ecclesiae ; we must not admit of it , and to qualifie it , is impossible : let us hold our priviledges according to the law ; that power that is above this , it is not sit for the king and people to have it disputed further . tant . the oath of allegiance binds us all to maintain the kings prerogative . whigg . no doubt on 't ; and let it be for ever sacred , let no prophane hand or tongue touch it ; no , nor so much as think upon it irreverently , both it and the peoples liberties ( as aforesaid ) are vast and great ; but they are not infinite , they have their known bounds and ancient land-marks , and cursed is that evil councellor that makes such a stir to encroach or remove them , extend them or stretch them , such deserve to stretch for it ; for 't is certain that there is no soveraign power or prerogative wherewith any king of england hath been intrusted either by god or man , but what is for edification , not for destruction ; for the weal of his people , and for their protection , safety and happiness . tant . our gracious soveraign ( in his late declarations ) pretends to no other prerogative but what is legal . whigg . all the better for him and us , his royal father ( of gracious memory ) seem'd to disgust his lords ( as aforesaid ) when he told them , that he meant not to shew the power of a king by diminishing their priviledges . tory. he wanted not bad instillers sometimes , as he confest afterwards . whigg . the summer shall want flies , e're the crown want sycophants swarming about it , yet like musketoes too , they usually burn their wings in the flame ; to this sort some ascribed those words in the kings speech , i owe the account of my actions to god alone , &c. but as for tunnage and poundage it is a thing i cannot want . tant . no : why should he ? whigg . the matter of taking it was not so much the question , as the manner of taking it , namely , taking it before and without the gift thereof to the king , by them that had the only power to dispose thereof . tant . then there was hard measure to some , as well as hard imprisonment , if the parliament had the only power to give tunnage and poundage ; for the kings commission to the customers begins thus : c. r. whereas the lords of the council , taking into consideration our revenue , and finding that tunnage and poundage is a principal revenue of our crown , and has been continued for these many years , have therefore order'd all those duties of subsidie , custom and import , as they were in the twenty first of king james , and as they shall be appointed by us under our seal , to be levyed ; know ye , that we , by the advice of our lords , declare our will , that all those duties be levyed and collected as they were in the time of our father , and in such manner as we shall appoint ; and if any person refuse to pay , then our will is , that the lord treasurer shall commit to prison such , so refusing , 'till they conform themselves ; and we give full power to all our officers from time to time to give assistance to the farmers of the same , as fully , as when they were collected by authority of parliament . whigg . this occasion'd debates that ended in the dissolution of that parliament , after which the king call'd no more of eleven long years , and straits and necessities were urgent and remediless without a parliament , and woful work in conclusion . tant . why did the parliament meddle with the customers ? whigg . because they collected customs in tunnage and poundage without authority of parliament . tant . king james had them before they were given to him in parliament . whigg . king james had them by authority of parliament , from the day before his first parliament begun ; but the statute gave him power so to do , but not from the first day of his coming to the crown ; for he came to the crown march . . his first parliament began at westminster march . . and took many things into consideration , and enacted them , before they took into consideration tunnage and poundage , but jac. cap. . the commons , by the advice and consent of the lords , gave the king the subsidy of tunnage and poundage , at a very low rate ; namely , but three shillings a tun for wine , and so proportionably for quantities greater or lesser than a tun ; but this expir'd with the kings life : his only son and successor took it ( without authority of parliament ) as his father took it by authority of parliament , to the great disgust of his parliament , who did at length grant him tunnage and poundage , upon certain trusts and confidences , from the th of august , . for about three months , car. . . tant . what no longer ? whigg . not at one loose ; then by car. . . they trusted the king with the customs , from november . . to february . namely , for two months longer : then ( the other hitch ) for five months , namely from february . . until july . . then they continued it for some little time by car. . c. . & cap. . & cap. . tant . but did the free , free-parliament in car. . . give it to our gracious king for no longer time ? whigg . yes , yes , for his life , but upon trust too , so sayes the act ; namely , the commons assembled in parliament , reposing trust and confidence in your majesty , in and for the guarding and defending of the seas , against all persons , intending or that shall intend the disturbance of your said commons , in the intercourse of trade , and the invading of this realm , &c. tant . then it was granted for these uses and considerations , belike , and should be made use of for no other end , you would say . whigg . yea , i do say so , as the said statute sayes . tant . but how will you mend your selves , if i get some of it for secret service ? whigg . thou art capable of any secret service but pimping . tant . pimping ? that becomes not my coat . whigg . true , but i could tell you a time when pimping , and conniving at whoredom and adultery , has been as ready a road to a bishoprick , as ever sybthorp , manwaring , or mountague took . tant . in what time ; i pray ? whigg . in what time ? catch-pole ! in no good time . tant . well , say ( tho' ) in what time ? good whigg ! whigg . when popish councils prevail'd most , and popish interest . tant . oh! a great while ago . whigg . yes , yes , man-catcher ! how fain thou wouldst find me tripping ? tant . but did king charles . take tunnage and poundage , and imprison the refusers without authority of parliament , for the first years of his reign ? tory. yes indeed , mr. richard chambers was imprisoned for refusing to pay customs , and had also pounds of his goods taken from him , and was fined l in the star-chamber . tant . see what it is to be obstinate and rebellious . whigg . what language these tantivees have ? obstinate and rebellious ! when it was voted and declared by the honourable house of commons , anno . & . that whosoever shall counsel or advise the taking or levying of the subsidy of tunnage and poundage , not granted by parliament , or shall be any actor or instrument therein , shall be reputed an innovator in the government , and a capital enemy to the kingdom and common-wealth . and if any merchant or person whatsoever shall voluntarily yield or pay the said subsidy of tunnage or poundage , not being granted by parliament , they shall likewise be reputed betrayers of the liberties of england , and enemies to the same ; as may appear by the said order upon record . now , ( good tantivee ! ) what shall a subject do in this case ? he must necessarily be ground-crusht between two mill-stones ; if he payes not , the kings party take all from him ; and if he payes , the parliament punishes him for betraying the liberties of england , and as a common and capital enemy . tant . there is but right and wrong in the world , which of them were in the right ? whigg . neither of them would acknowledge themselves in the wrong , i 'le warrant , 'till the longest sword decided the quarrel . tant . but might not mr. chambers have been pardoned , if he would have recanted these words , — they — meaning the merchants — are in no parts of the world so screw'd and wrung as in england , and that in turkey they have more incouragement . whigg . recant ? yes , they brought him a recantation to subscribe , and then he should be released of his fine , — l but the draught of submission he subscribed — thus — all the abovesaid contents and submission , i richard chambers do utterly abhor and detest , as most unjust and false , and never 'till death will acknowledge any part thereof . richard chambers . also he underwrit these texts of scripture , instead of submission , namely , that make a man an offender for a word , and lay a snare for him that reproveth in the gate ; and turn aside the just for a thing of nought . wo to them that devise iniquity , because it is in the power of their hand , and they covet fields and take them by violence , and houses , and take them away ; so they oppress a man and his house , a man and his heritage . thus saith the lord god , let it suffice you , oh princes of israel : remove violence and spoil , and execute judgment and justice , take away your exactions from my people , saith the lord god. if thou seest the oppression of the poor , and violent perverting of judgment and justice in a province ; marvel not at the matter , for he that is higher than the highest regardeth , and there be higher than they . per me richard chambers . tant . but did he that is higher than the highest regard and shew his displeasure in this affair ? whigg . it is neither safe nor easy to unriddle the meaning of gods providence , by the events : but as to matter of fact , history tells us , that richard chambers , notwithstanding his vast losses ( for which he never had considerable reparation when time serv'd , so thankless an office it is to be a state martyr , as to the gratitude of men , but ) by gods goodness to him , he liv'd to be sheriff of london , and a worshipful alderman thereof ; but his judges in the star-chamber ( many of them ) did not come to the grave in peace ; but went out of the world as naked as they came into it , stript of all before they were bereav'd of life ; yet the lord treasurer weston dyed of his fair death , flying beyond sea , and withall he dyed a professed ( as before he was vilely suspected , and taken upon suspition for a masquerade ) papist . tant . you whiggs thought him a covert-papist , or a protestant in masquerade , when he was so preferr'd at court from chancellor of the exchequer , to be the great lord treasurer . whigg . he was a creature of buckingham's making , and bishop laud's confirming . tant . do bishops confirm lord treasurers ? whigg . sometimes , as well as turn lord treasurers themselves , as they used to be . tant . the worst of the disciples carryed the bag. whigg . that rule holds not always true . tant . but if the said treasurer did dye a profest papist , that looks not well on our side . tory. nor can it surely be deny'd ; and the commons were so sensible of it , that they agreed upon this ensuing petition to his majesty concerning recusants , ( long before weston grew so high ) in these words : to the kings most excellent majesty . your majesties most obedient and loyal subjects , the commons in this present parliament assembled , do with great comfort remember the many testimonies which your majesty hath given of your sincerity and zeal for the true religion established in this kingdom , and in particular , your gracious answer to both houses of parliament at oxford , upon their petition concerning the causes and remedies of the increase of popery , that your majesty thought fit and would give order to remove from all places of authority and government , all such persons as are either popish recusants , or according to direction of former acts of state justly to be suspected , which was then presented as a great and principal cause of that mischief ; but not having received so full redress herein as may conduce to the peace of this church , and safety of this regal state , they hold it their duty once more to resort to your sacred majesty , humbly to inform you , that upon examination they find the persons underwritten to be either recusants , papists , or justly suspected according to the former acts of state , who now do , or since the siting of the parliament did remain in places of government , and authority and trust in your several counties of this your realm of england , and dominion of wales . the right honourable francis earl of rutland , lieutenant of the county of lincoln , rutland , northampton , nottingham , and a commissioner of the peace , and of oyer and terminer in the county of york , and justice of oyer from trent northwards ; and also against his deputy justice in oyer from trent northwards ; the right honourable viscount dunbar , deputy lieutenant in the east riding of york-shire , his wife and mother , and the greatest part of his family being popish recusants ; also against william lord eure , a convict popish recusant , and in commission for the sewers ; henry lord abergavenny , john lord tenham , henry lord morley , john lord mordant , john lord st. john of basing , captain of lidley castle in com. southampton ; em. lord scroop , lord president of his majesties council in the north , lord lieutenant of the county and city of york , and of kingston upon hull ; anthony viscount mountague in commission of the sewers ; sir william wray knight , deputy lieutenant , collonel to a regiment , his wife a recusant ; sir edward musgrave , sir thomas lampley , justices of peace and quorum ; sir thomas savage deputy lieutenant and justice of the peace , his wife and children recusants ; sir richard egerton a non-communicant ; thomas savage esquire , a deputy lieutenant a recusant , and his wife indicted and presented ; william whitmore , sir hugh beeston , sir william massy , sir william courtn●y knight , vice-warden of the stannery , and deputy lieutenant , a popish recusant ; sir thomas ridley , sir ralph conyers , james lawson esquire , sir john shelley knight and baronet , a popish recusant ; william scot esquire , a recusant , john finch esquire , not convicted , but comes not to church ; sir william mullineux , deputy lieutenant and justice of the peace , his wife a recusant ; sir richard houghton knight , deputy lieutenant , sir william norris captain of the general forces , and justice of peace , a recusant ; sir gilbert ireland justice of peace , a recusant ; james anderton esquire , justice of peace , and one of his majesties receivers ; edward rigby esquire , clerk of the crown , justice of peace , himself a good communicant , but his wife and daughter popish recusants ; edward e — , robert warren clerk , a justice of the peace , justly suspected for five reasons there mentioned , sir henry compton knight , deputy lieutenant , justice of the peace , and commissioner for the sewers ; sir john shelly knight and baronet , himself and his lady recusants ; sir john gage a popish recusant , with a vast number more of justices of peace , and commissioners of sewers , either papists or justly suspected . wherefore they humbly beseech your majesty not to suffer your loving subjects to continue any longer discouraged by the apparent sence of that increase both in number and power , which by the favour and countenance of such like ill affected governours accreweth to the popish party ; but that according to your own wisdom , goodness and piety , ( whereof they rest assured ) you will be graciously pleased to command that answer of your majesties to be effectually observed , and the parties above named , and all such others to be put out of such commissions and places of authority wherein they now are in your majesties realm of england , contrary to the acts and laws of state in that behalf . tant . those last words were pungent . tory. not prevalent surely , for the parliament was soon after dissolved , and the house of commons having intimation of their intended dissolution made what hast they could to perfect a remonstrance or declaration against the duke of buckingham , and concerning tunnage and poundage , taken by the king since his fathers death without consent in parliament , and which were never payable ( they say in their remonstrance ) to any of his majesties ancestors , but only by a special act of parliament , and ought not to be levyed without such an act. tant . and did the king go on collecting and taking tunnage and poundage notwithstanding ? tory. yes , he said he could not want it ; and sent them a former message , that if he had not a timely supply , he would betake himself to new councils . tant . new councils , what were they ? tory. the commons in their said remonstrance often with thoughtful hearts remember the words — new-councils , repeating , and repeating them as if they were somewhat against the old parliamentary councils and course of this kingdom ; and they order'd every member of the house to have a copy of the said remonstrance , for they had not time to present it to his gracious majesty , but were dissolv'd , though the lords also prepared a petition to stay the kings purpose in dissolving the parliament , sending viscount mandevil , earl of manchester , lord president of his majesties council , the earls of pembrook , carlisle , and holland , to entreat his majesty to give audience to the whole house of peers . but the king returned answer , that his resolution was to hear no motion for that purpose , but he would dissolve the parliament , and he was then as good as his word , for he immediately dissolved them by commission under the great seal , dated at westminster june . . r. r. car. . . to that purpose : and withall publishes a declaration in print , concerning the grounds and causes which moved his majesty to dissolve this , as also the former parliament , dated june . car. . two dayes before the date of the commission . tant . it was the readyer against the time of using it ; coleman was as provident . tory. right , and also a proclamation was published against the said remonstrance of the commons , commanding all persons of what quality soever , who have or shall have hereafter any copyes or notes of the said remonstrance , forthwith to burn the same , that the memory thereof might be utterly abolished , upon pain of his majesties indignation and high displeasure . tant . then the tide did run very high . tory. the king also published another proclamation against preaching or disputing the arminian controversies pro or con ; but the effects of that proclamation , how equally soever intended , became the stopping of the puritan's mouths , and an uncontroul'd liberty to the tongues and pens of the thriving divinity-men , the rising side , mountagues party . and though the parliament was dissolv'd , so that the duke of buckingham for that nearly-reflecting article , the last , against him , which the king in honour , and by the bonds of natural affection and piety to the memory of his deceased father , thought himself obliged to call him to a publick account for so daring an insolence , in applying a plaister to the kings breast against his will , and without the advice , and contrary to the opinion of the sworn physitians of king james , who attributed the cause of his trouble unto the said pla●●●●● , and a drink that buckingham gave him , as was alledged in the thirteenth article of the dukes impeachment ; and the said drink twice given to the king by buckingham's own hands , and a third time refused by the king , who felt great impairment of his life and health , complaining of the drink that the duke gave him ; his physitians telling him , to please him and comfort him , that his second impairment was from cold taken , or some other ordinary cause ; no , no , said his majesty , it is that which i had from buckingham , as more at large much aggravated and insisted upon by mr. wandesford , who managed the thirteenth article of the impeachment against buckingham . tant . but what said the duke in his own justification and defence in the star-chamber ? tory. he denyed it , and examined divers witnesses about the matter . tant . and what then ? tory. nothing more , the cause never came to judicial hearing in that court. tant . then let us hear no more of it ; i am sick of it my self : i never heard so much before ; go on . tory. after the parliament was dissolv'd and things well husht , the privy council order'd all customs to be paid , and the refusers punisht by fines , imprisonment , this was deem'd one new-council , and loans another . tant . loans , prythee tory , what were they ? tory. the king sent to the rich a letter ( beginning , trusty and well-beloved , &c. ) under the privy seal , requiring him or them to send him within twelve dayes so much money ( as for example , in the west-riding in york-shire , to sir thomas wentworth l sir francis fuljam l sir edward osburn l godfrey copley esquire l ) promising in the name of the kings majesty , his heirs and successors , to repay the money so lent . tant . ay , when ? le ts hear that . tory. within eighteen months . tant . and was the money repayed ? tory. pish ! that 's a silly question ; then of the city of london , the king bid them lend him a hundred thousand pound . tant . well said , a few such summs from towns or cities would do the business ; but did they lend the money ? tory. no , the city desir'd to be excused . tant . and what then ? tory. then the privy-councel required them , all excuses set apart , to return a direct and speedy answer to his gracious majesty , or in default thereof , that his majesty may frame his councils as appertaineth to a king in such extream and important occasions . tant . and were they not afraid and apprehensive of the innuendo ? tory. the commands rested not here , for they also commanded the city to equippe twenty of their best ships in the river , with all manner of tackle , sea-stores and ammunition , men and victuals for three months . tant . and did they do it ? tory. they grumbled at it , saying it was without president ; as did also the deputy-lieutenants and justices of peace at dorset , having received the kings commands for setting forth ships from pool , weymouth , and lime ; but the council checkt them for daring to dispute orders , instead of obeying them ; and whereas they mention presidents , they might know that the presidents of former times were obedience , not direction . whigg . it would puzzle a good historian to find presidents of obedience in england to arbitrary-sway , and orders of privy-council for impositions without law to back them . tory. how ? did not stout king edward . command roger bigot earl of norfolk , and lord marshal of england , and several other lords to go to the wars in gascoygne in france , which they refusing , except the king himself went also in person ; but the king threatned then to take away their lands and their lives ; saying to the lord marshal , and swearing — by god , sir earl , you shall either go or hang. whigg . ay , but the earl answered the king at the same moment , — i swear by the same oath , i will neither go nor hang , and so without leave went out of the room and departed ; and shortly after , he and humphrey bohun earl of hereford , and other lords and noble-men assembled , and other their friends to the number of thirty bannerets , one thousand five hundred men at arms , well appointed and stood upon their guard ; but the king dissembled his resentments at that time , being about to go to flanders , where he spent much money , and for recruit summons a parliament ( to meet ) at york , promising from thenceforth never to charge his subjects otherwise than by their consents in parliament , and also to pardon all such as had denyed to attend him in this journey . tant . and did they trust the kings word ? tory. yes : but he broke it and all his other oaths and confirmations of the peoples charters made in parliament , two years after ; having obtained and bought a pardon for so doing , ( as aforesaid ) of his holiness ; nay , he begun to play his arbitrary pranks long before that , for ( in edw. . ) he sent out his writ of quo warranto ( a fine engine to get money ) to examine by what title men held their lands , which upon flaws found in their charters , and pryed into by the lawyers brought him in much money ; 'till john earl of warren stopt the current and stem'd the tyde , for calling upon him to show his title , he drew out an old rusty sword , and said , he held his land by that , and by that would hold it to death , and having many backers , it made the king desist from his project . tant . an old rusty sword , dost say ? that was more than the old christian weapons , prayers and tears . tory. and stopt the kings tyranny and lawless usurpations , more than a thousand petitions , prayers and tears . tant . still i say subjects , christian subjects should use no weapons but prayers and tears . whigg . what , not against robbers , thieves and murderers ? tant . not against magistrates that rob by law. whigg . thou talk'st like an asse every day more than other ; rob by law ? a contradiction in terminis ; if there be law for it , it is not robery , theft nor murder ; and if it be against law or without law , all violent taking of mens goods ( one subject from another ) is theft and robbery , except the law enjoyn it , and may lawfully be resisted , without all doubt , in like manner and with such weapons as the onset or assault is made . tant . what in an officer , a commission-officer ? whigg . no man can be authoriz'd to do an ill thing , or an illegal thing by any mans commission , much less by the kings commission , or the broad-seal , for the king can do no wrong ; if it be wrong , it stands for nothing ; it is not the kings act , nor the kings commission , but surreptitious , and punishable . tant . and who shall judge of its legality , or the legality of the resistance ? whigg . the judges , and the law , and the juries . tant . nay , then we are well enough yet . whigg . if you be well , keep you so , whil'st you are well , but remember belknap , tresilian , &c. many judges have been hang'd ( right , right and good reason ) for corrupt and false judgment , there are they that shall judge the judges . tant . ay , but when ? at the day of judgment ? whigg . yes , yes , no more on 't ; but this doctrine of resisting with other weapons than prayers and tears , force with force , violence with violence , in our own just defence , seems so strange to the new tantivee-men , that herein join with the old error of the anabaptists , ( condemned in the article of the church of england ) as also the family of love , who condemned all wars , as did the manichees ; nay , the learned ludovicus vives saith , arma christianum virum tractare nescio an fas sit ; i know not whether or no it be lawful for a christian to fight at all , or go to the wars , and wear weapons ; lactantius also was against all killing , right and wrong , by law , or without law , by or without the magistrate . tant . the article you mention , sayes , it is lawful to wear weapons , and serve in the wars at the command of the magistrate . whigg . right , i say no other , the other resisting without the magistrate , is onely in a christians own defence , the dictates of the law of god , the law of nature , the law of wisdom , reason and prudence ; the law that worms and all creatures have of self-preservation ; he 's accessary to his own death , and felo de se , that resists not a murtherer or a robber . tant . ay , but suppose the magistrate take your goods violently against law. whigg . that also is impossible , for as he is a magistrate he acts by law , and cannot possibly act as a magistrate but by having the law on his side ; if he has not the law to vouch him , he acts not like a magistrate , but as a robber ; but this must be certain , clear and evident , otherwise resistance is a sin. tant . this is right whiggish principles , and whiggish doctrines , and whiggish practices . whigg . this is the old english practice , and the dictates of right reason and the law. tant . where did you learn these doctrines ? whigg . i cannot well tell where first i had them , for they are connate and coeval with the reason of every wise man , and good man , but i think i first had them in print , out of a sermon preach't by one of the kings chaplains in ordinary , william haywood d. d. preacht before his majesty at newport in the isle of wight , during the time of the treaty there ( for peace ) betwixt the king ( charles . ) and the parliament ; upon a suitable text ( rom. . . ) if it be possible , as much as lyeth in you , live peaceably with all men : where , excellently and suitably he discourses of the first words of the text ; i 'le repeat onely his own words in print , in descant upon the words — if it be possible , namely , ( he sayes , ) a form of speech this is which implieth often difficulties in the business ; and sometimes impossibility ; difficult where the parties to be reconciled are froward , and self-willed enemies to peace in davids language . impossibility where no agreement will be had , without loss of a good conscience : where gods honour , or the administration of justice , or the discharge of our calling lieth at stake , so that we cannot have peace with men , unless we be irreligious , unjust or unfaithful . in the former case where peace is only difficult ; that should stir up our dilgence the rather ; endeavour with so much the more patience and unwearied industry to overcome the frowardness of those we have to deal with ; and where so precious a jewel as peace is to be compassed , with expence of our labour or our substance , there spare for no cost or pains . but where it is impossible to a servant of god , where nothing will do it but the sale of a good conscience , there rouse up our courage , and prefer not outward peace before inward ; mens contentment , or our own temporal commodity or safety , before gods honour , our souls quiet and the publick good . but it will here be demanded , how we may know when peace is possible , when not : six cases are mentioned by some divines , ye may referr them to the three heads aforenamed , of religion , justice , and faithfulness in our calling . of religion first . god himself ( in case his publick worship be indangered ) enjoyns us flatly to break the peace . if thy brother the son of thy mother , or thy son , or thy daughter , or the wife of thy bosom , or thy friend , which is as thine own soul , entice thee secretly , saying , let us go and serve other gods which thou shalt not know , &c. thou shalt not consent unto him , nor hearken unto him , neither shall thine eye pitty him : thou shalt not spare , nor conceal him , but thou shalt surely kill him , thy hand shall be first upon him , and afterward the hand of all the people , deut. . . thus ye are to understand it in case of temptation to manifest idolatry , ( and popery is clearly prov'd to be idolatry ) blasphemy , heresie or apostacy from the true faith and worship of god : we can have no peace , nay , we can have no mercy ; we are not allowed to spare and conceal the party so tempting us , but deliver him up to just punishment , be he never so near , or dear to us . secondly , where our selves are persecuted for religion , or vertue , or obedience to gods law in any kind , and there is no way of satisfying our persecutors , or delivering our selves from trouble , but by denying our faith , yielding up our vertue , or violating our obedience to gods commandments . in these two cases , the one offensive , the other defensive ; for preservation of our religion , and our duty to god , no peace possible . two other cases follow , which belong to justice . one where we are passive , or those who are one with us : and we are violently assaulted contrary to law and equity . we may then break the peace for our own preservation , in defending our selves , so we do it cum moderamine inculpatae tutelae , go not beyond what is needful to our honest defence , or theirs who depend on us , as our wives , children or family . the like holds when we are violently handled , because we will not joyn with others in breaking peace , and trampling down justice . cast in thy lot among us : we will find all precious substance , and fill our houses with spoil , prov. . . thus where in defence of justice to our selves , and our own private , being innocent , and against wrongful authority , our lot is to be passive . another case may fall out , wherein it becomes us to be active , though our selves , in our particular interest suffer not : and that is , where we see our innocent neighbours wrongfully abused , and distressed to extremity by lawless hands ; we may there rise up in rescue of oppressed innocence , and do as much in our neighbours case , as we would wish done in our own . thus lot resisted the sodomites in behalf of the angels whom they invaded with violence : and moses succoured the israelite striving with the egyptian , exod. . . and thus every good man , armed with wealth and power , may , and ought to stand up in defence of the poor widow and fatherless , against their tyrannous oppressors . nor are they breakers of the peace in so doing ; but these cruel grinders of the poor whom they resist . now tantivee , what think you of your doctrine , that christians may use no other weapons but prayers and tears ? and what your design may be in preaching up , and every sunday inculcating such crambee doctrine at this juncture , i do not know , it looks like a set-business : what think you of dalilah's policy ? the crafty whore was brib'd to betray sampson , but the philistines durst not set upon him 'till he was bound , for they had woful experience of his whiggish valour ; therefore they hire the hireling to bind him first , that they might securely spoil him ; a very crafty piece of politicks . tant . ay , and if all you whiggs were bound hand and foot , 'till we did to you what we list , it were no great matter . whigg . it would be the safest way , for torles and tantivees have no good luck at fighting , though none so prone to challenge and quarrel as they ; ( right hectors ) witness a late double duel of chieftanes , whiggs and tories . tant . i never heard of it . whigg . no matter , you shall not then from me ; for i purposely conceal your tory-champion , out of profound respect to him , because he was most piteously baffled . tant . what , out of his life ? whigg . no , no ; to save that ignobly , he onely parted with his honour ; that he might die dayly and endure a thousand deaths , in conscious memory and doleful regret for the cowardly baseness and loss of honour , which none but the son of w — no man of honour will part with it ; basely to purchase a sneaking reprieve for a baffled life . tant . i do not apprehend you . whigg . no matter ; it is not to the history , but pat to our present purpose , whil'st you tantivee's would perswade us to bind our own hands 'till our throats be cut , by hectors and tories , against law , and that it is divinity so to do ; i told you before , that this was the old doctrine in ireland , just before the tory cut-throats basely butcher'd the protestants , man , woman and child that they could come at , or durst come at ; and they came at all , and spared not man , woman nor child , who happened to be armed with no other weapons but prayers and tears ; old earl warren's rusty sword was the onely shelter and safe-guard under god , there is nothing else frights a jesuit from a massacre , but fear of losing his own life ; but for prayers and tears , the crocodiles relent not , though you weep your hearts out ; no , let them once begin their violence , ( which god forbid ) but if they do , he deserves to have his throat cut , and his wife and children first miserably butcher'd before his face , that so unmans himself as not to defend the helpless babes with no other weapons but prayers and tears . prayers and tears ! is that the word ? why , box it about then in every tantivee pulpit , and number the converts , and tell me how many english-men ( protestants or papists ) are proselyted to the new tantivee-doctrine ; yet if all the papists in christendome , and all the fierce episcopal or presbyterian bigots , whose religion is persecution , and blood and wounds , an inhospitable and inhumane crew , that will think it religion to kill men if they will not go to heaven , plunder and fine them , if they will not march along ( their way too ) and yet in their publick confessions and articles of faith , acknowledge themselves fallible , and whether they be right or wrong they cannot well tell , to be sure : pretty hearts , all other people must have no other christian-weapons but prayers and tears , whilst they with sword in hand , hold a bible in one hand , and dart and flash with the other , as if they ( alone ) were the popes commission-officers , or antitichrists curaziers , arm'd cap-a-pe , whilst the trembling and better part of christendome kneel weeping before them , crying to them for — mercy for gods sake , — quarter for heavens sake ; whilst with deaf ears , hardened hearts , and bloody hands , they are killing men for gods sake ; if i could not be reconciled , yet i could cohabit peaceably , lovingly and neighbourly with any religion , except this persecuting religion , ( under what form soever it lurks : ) it is not of god , but from abaddon , ( that is ) the destroyer , who was a murtherer from the beginning ; an inquisition , a high-commission , an ecclesiastical jaylor , horning , cursing , damning , imprisoning , stooling or fooling upon the stool of repentance , &c. differ but as the old viper and her brood , though they eat up one another , they are all vipers , all the same image of the beast , and all of a breed ; or as a serpent and a dragon , a little time , and good store of blood and growth makes the serpent right dragon : god bless us all from their stings , from their bloody jaws and all devouring maws . tant . nay , the fanaticks say the episcopal are more condescending and merciful than the presbyterian . tory. you know the proverb , curst cowes have short horns ; but you may know the nature of the beast , the cursed nature , by her dossing at men on all trivial occasions , though her horns are almost worn to the stumps : of all persecuting religious there 's never a barrel better herring ; for they all do as much mischief as they can ; i grant some of them have not the force , the opportunity , the longed-for power of being bloodily cruel , but they show their good will , you see ; though they are forc't ( poor hearts ) to thrash in their cloaks ; the cloaks and pretences of mercy and christian compassion : this makes such a jumble with their practices , that they thrash now 'till they sweat again , and are almost tired and out of breath ; they cannot well tell what to do for the best , which makes them so various from themselves ; sometimes all love and kindness , charity and indulgence ; and then again , at it again , with curses and gaols , hell and damnation ; — into what difficulties doth sin plunge poor souls ? whereas , how easie is christs yoak ? what guards and bulwarks are necessary to secure tyranny and cruelty , oppression and violence ? and all too little ; however , no fence ( can be had ) for their fears , nor any cure for their wounded spirits and consciences : whereas on the contrary , how easy is it , and pleasant to be sober , temperate , virtuous , loving , and to live according as the law , counsel us , not taking new councels , new wayes , and by-wayes , out of the right road of the kings high-way . tory. humanity teaches men no such monstrous cruelty . whigg . 't is true , for their superstition ( invented to be a crutch for pride and avarice ) under the vizard of divinity first destroyes humanity out of the bigots ; and then , and not till then , they cease to be men , and lose all humane bowels and compassion , being transubstantiated to perfect devils , and abaddon's , or destroyers ; so devillish are all persecuting religions : whereas christs kingdom ( the gospel ) is not of this world , nor are its weapons carnal but spiritual ; if christs kingdom were of this world , then might , and would , and should his servants fight for it ; but now is his kingdom not from hence . tant . a little more of this would make me perfect whigg , i think ; yet i had rather hear more of the history ; how did the loans thrive ? when were they repay'd ? or , was the exchequer shut up at pay-day ? or what became of the ships , and the ship-money ? tory. the ships , and men , and fleet , and money went the way that a great deal of english-money has gone since that time , namely , to france with the duke of buckingham ; who made a base broken voyage of it , and returned to get recruits , which the king provided for him as well as he could ; and away then the duke went ( for a second venture ) towards the isle of rhee again ; but he got no further onward his way thither than portsmouth , for there he was stabb'd by lieutenant felton . whigg . upon what provocation ? tory. i 'le tell you anon ; as for the loans , the king promis'd that this way should not be made a president for the time to come , to charge them or their posterity , to the prejudice of their just and ancient liberties , enjoyed under his most noble progenitors , and promising them , in the word of a prince , to repay such summes . tant . that is to be understood when he has the money to repay . whigg . yes , but that time never yet came . tant . i am not for this kind of lending , whether i will or no , and without being able to sue for , or recover ( neither by fair means nor foul ) neither principal nor interest , i 'le swear . whigg . nay , do not swear , i 'le believe the parson without searing ; for men of thy coat and tantivee-principle seldom put out money to interest or use , except to the ale-house or tavern , to wipe out the chalk , and clear old scores , and then run fresh upon tick again ; what needs thou to care for the liberties and charters of an english-man ? thou hast no inheritance to lose , nor will thy heirs fall out or quarrel about the land thou leavest them ; thou wilt take a course for that , and make thine own hands and guts thy executors . tory. to the imposition of loans was added the burthen of billeting of souldiers ( return'd from that unsuccesseful and dishonourable voyage from cadiz ) and moneys to discharge their quarters were for the present to be levyed upon the countrey , to be repay'd out of summes collected upon the general loan . tant . yes , when they could catch it . tory. the companies were scattered here and there all the kingdom over , but that did not much affright men out of their purses , though many felonies , robberies , rapes and murders were committed by the souldiers and mariners ; but they were governed by martial-law ; and some were executed , but they mastered the people , disturbed the peace of families , committed frequent rapes , burglaries and robberies , murthers and barbarous cruelties , which made a general outcry and lamentation wherever they came : but the lord chief justice ( sir randolph crew ) lost his place for not favouring the loan ; and in his room succeeded a right cavalier , ( sir nicholas hide ) who yet for his abilities and skill in law , might without blushing climb up to the bench ; but he could not without great disgust and general prejudice succeed a man so universally belov'd as was sir randolph crew . to advance this loan , one sibthorp had contriv'd a tantivee-sermon , preached by him at northampton , at lent assiizes , upon rom. . . called apostolical obedience , and by all means the divinity must be in print , or else you 'l say , how could it have reacht the ears of bishop laud , or made room for preferment . and archbishop abbot must license it under his own hand , or take what followes . tant . why sure he would not lose his archbishoprick for want of subscribing his name . tory. he refused to do it , though the court prest him earnestly to do it , and his archbishoprick was sequestred soon after . whigg . some said it was bishop lauds policy , to pick a quarrel with him , if he refused to obey the kings commands , or expose him to the indignation of a parliament , if he dared to license such tantivee-stuff , and illegal and wicked positions ; some called them traiterous positions ; he affirmed that the prince who is the head , and makes his court and council , it is his duty to direct and make laws . eccles . . , . he doth whatsoever pleases him ; where the word of the the king is , there is power , and who may say unto him , what dost thou ? and — if princes command any thing which subjects may not perform , because 't is against the laws of god , or of nature , or impossible , yet subjects are bound to undergoe the punishment without either resisting , or railing , or reviling , and so to yield a passive obedience where they cannot exhibit an active one : i know no other case but one of these three wherein a subject may excuse himself with passive obedience , but in all other he is bound to active obedience , sayes sybthorp . tory. he had forgot the laws of this land , which all kings are bound and sworn to obey ; for the municipal laws are not immediately any of those three , and doctor manwaring he fisht for preferment with two sermons to drill in the loan , though against law , as the king confest in after statutes ; as also the ship-writs condemn'd by the king : ( car. . . ) but those court-sermons did mischief awhile , though in conclusion the court-parasites smarted for their sawcy rashness and falshood ; manwaring asserting , that the king is not bound to observe the laws of the realm concerning the subjects rights and liberties . whigg . this is just like the popes pardon , and absolving king edward of and from the obligation of his coronation-oath , vows and promises . tory. manwaring also asserted , that those who refused to pay the loan , offended against the law of god. tant . did he find that in the bible ? tory. and that the authority of parliament is not necessary for the raising of aids and subsidies . whigg . 't is a wonder to me that the parliament let him escape after this : what sets a kingdom in a flame but these incendiaries , that do not , or will not know the constitution of this kingdom and common-wealth ? an equal bridle to curb tyranny and arbitrary sway on the one hand , and anarchy and confusion on the other . tory. ay , our laws are good enough , none better . whigg . then what traytors and villains are they , that dare debauch the fundamental constitutions and laws ? tory. it was the way to preferment . whigg . the way to the gallowes , was it not ? better a hundred thousand such sycophants were hang'd , than a good king and his laws betray'd , and the kingdom involv'd in blood through their sly tantivee-leasings and insinuations . tory. bishop laud was the man , and all in all with the king , all preferments in church and state he annuated , or he and buckingham ; though they so mischeivously to the king and state , countenanc't the loan , so contrary to the grants of the great charter , and the subjects liberties and properties , which the king was bound by oath and duty to preserve and observe , and was ready to do it of his own benignity and goodness , but those court-parasites ruin'd all at length , and themselves too . popery and arbitrary sway are twins , alwayes coupled ; the queen had great influence upon the favourites , either to make or marre them , and they knew it as well ; and the jesuits had too much influence over her , what by fair means , what by foul ; but the king was angry , when he heard they made her ( for penance ) walk bare-foot to tyburn . whigg . the jesuits ! ay , they are pretty creatures for princes to be slaves unto , and to become their vassals and instruments ; they have got the two reyns ( into their own hands ) that guide the silly world , namely , hope and fear , whom the hopes of heaven cannot allure to their purposes , the fear of hell and purgatory does affright . tant . brave doings ! in athens themistocles was governour and rul'd the city , his wife rul'd him , and her son rul'd her , where then were lodg'd the reyns of government ? tory. what 's that to us here in england ? good impertinent ! whigg . do not interrupt us , you ( parson ) with your nonsensical prate out of old notes , which you read devoutly out of sybthorp , manwaring and mountague ; do not mistake your self , you think the people of athens had a brave time on 't , luscious doings ; if you had liv'd there , you would have known where , and to whom you would make your special addresses and close applications . tory. archbishop abbot was quite out of play , for refusing to license that doughty sermon ; to which he made many rational exceptions ; as namely , in page . to these words — and whereas the prince pleads not the power of prerogative : and in page . the kings duty is first to direct and make laws : and — page . if nothing may excuse from active obedience , but what is against the law of god , or of nature , or impossible : how does this agree with page . that all subjects are bound to all their princes , according to the laws and customs of the kingdom wherein they live ? ( he might have honestly added ) and no otherwise : and page . yea , all antiquity to be absolutely for absolute obedience to princes in all civil and temporal things . tant . hey day , this is like pope boniface to philip ( the fair ) of france , sciat te in temporalibus & spiritualibus nobis subjacere . whigg . they do not say in spiritual things they would have their prince absolute over all but themselves , but is that position agreeable to the great charter , and many more acts of parliament in edw. . and edw. . that the subjects shall not be grieved to sustain any charge or aid , but by the common assent , and that in parliament ; and the petition of right at large confirms the same , by the repetition of many more statutes to that purpose . tory. enough , enough of this . tant . what opinion had archbishop abbot of dr. laud ? tory. he soon found him , and said , his life in oxford was to pick quarrels in the lectures of the publick readers , and to give notice of them to the bishop of durham , that he might fill the ears of king james with discontents , against the honest men that took pains in their places , and settled the truth ( which he called puritanisme ) in their auditors . it was an observation what a sweet man this was like to be , that the first observable act that he did , was the marrying the earl of d. to the lady r ; when it was notorious to the world that she had another husband ; king james did for many years take this so ill , that he would never hear of any great preferment of him : the bishop of lincoln , doctor williams got him at length advanc't to the bishoprick of st. davids , which he had not long enjoy'd , before he began to undermine his benefactor . tant . that ingratitude is inexcusable . tory. he continued his rancour against him to his utmost to the very last . whigg . ay , archbishop abbot ( that had woful cause to know him ) gave this character of land , that such was his aspiring nature , that he would underwork any man in the world , so that he might gain by it . tory. the little man had a high towring spirit ; which made the kings jester , archee , who would needs say grace before the king , when little bishop laud was present , in these words — great praise be given to god , and little laud to the devil . whigg . the worst crime that was laid to his charge , was the countenancing arbitrary and illegal taxes recommended by sybthorp and manwaring , and abetting these sycophants ; which some call crimen lesae majestatis legis & regis ; there cannot be a greater treason than an endeavour to rob the king of his goodness , truth , conscience , trust , and fidelity to his people , nor a readier road to ruine : the kings prerogative is the guard of the subjects liberties and peace , he has no prerogative but what the law gives him , much less any prerogative against law , equity , reason , conscience and justice , though sycophants for vile ends would so have stretch't it : they wore the old text thredbare — ( give unto caesar the things that are caesars ) in those tantivee-dayes . tant . why so ? whigg . if you will not be angry , ( parson ) i 'le tell you a story , a true one , of my own certain knowledge and remembrance , that will for ever spoyl ( hereafter ) all your tantivee-sermons on that text. tant . nay , if it be such a spoyl-sermon-story , keep it to your self , for i have four sermons upon that text , ready writ , and they will last me ( with repetitions you know , and eeking out ) two whole months . tory. prythee , ( whigg ) let 's hear your story , ( however ) let the parson storm as he pleases , or be disappointed . whigg . before one of the wisest kings that ever england had , king james , did one d. harsnet preach a tantivee-sermon on that text — give unto caesar — but his sermon ( poor man ! ) instead of getting thanks for the same , had the hap ( that afterwards befell manwarings sermon , it happened ) to be burnt by the common hangman . tant . hard hap ! what was the matter ? whigg . onely for asserting , ( as thou hast done twenty times , ) that all mens goods and moneys are caesars ; for which the parliament ( though the sermon was preached in the kings chappel at whitehall ) call'd my gentleman coram nobis , taking great offence thereat . tant . what was that doctor harsnet ? whigg . he was afterwards made bishop of chichester , and then bishop of norwich , just as mr. mountague leapt , and perhaps upon the same rise and advantage of the ground , ( tantiviisme , ) and for the same covetous reason too , because the norwich bishoprick is the richer ; and then leapt to yorks archbishoprick . tory. but king james disown'd the doctor in that affair , and did not own him therein . whigg . yes , yes , i told you he was a wise king , and used to say , that he was a tyrant that did not rule according to laws , and calmed the business , moderating thus — and saying , that the bishop onely failed in this , when he said , the goods were caesars , he did not add , they were his according to the laws and customs of the country wherein they did live . tory. i do not deny but the bishops had great sway and influence over affairs both in church and state , if the lord faukland's speech in parliament to that purpose , was well calculated for those times . tant . i have heard much discourse of the speech of that lord , so fam'd for his learning and loyalty , as well as nobility , but i could never get a sight of it . whigg . it was call'd the true picture of those times , pourtraying that modern episcopacy to the life , anno . and here it is . tant . read it . whigg . the whole would be tedious , i 'le read part of it , thus he begins — master speaker , he is a great stranger in israel who knows not that this kingdom hath long laboured under many and great oppressions , both in religion and liberty : and his acquaintance here is not great , or his ingenuity less , who doth not both know and acknowledge that a great , if not a principal cause of both these have been some bishops and their adherents . master speaker , a little search will serve to find them to have been the destruction of unity , under pretence of uniformity , to have brought in superstition and scandal , under the titles of reverence and decency ; to have defil'd our church , by adorning our churches ; to have slackned the strictness of that union which was formerly between us and those of our religion beyond the sea ; an action as unpolitick as ungodly . master speaker , we shall find them to have tith'd mint and anise , and have left undone the weightier works of the law ; to have been less eager upon those who damn our church , than upon those who upon weak conscience , and perhaps as weak reasons ( the dislike of some commanded garment , or some uncommanded posture ) onely abstained from it . nay , it hath been more dangerous for men to go to some neighbours parish , when they had no sermon in their own , than to be obstinate and perpetual recusants ; while masses have been said in security , a conventicle hath been a crime , and which is yet more , the conforming to ceremonies hath been more exacted than the conforming to christianity ; and whilest men for scruples have been undone , for attempts upon sodomy they have onely been admonished . master speaker , we shall find them to have been like the hen in aesop , which laying every day an egg upon such a proportion of barly , her mistress increasing her proportion in hope she would encrease her eggs , she grew so sat upon that addition , that she never laid more : so though at first their preaching was the occasion of their preferment , they after made their preferment the occasion of their not preaching . master speaker , we shall find them to have resembled another fable , the dog in the manger ; to have neither preached themselves , nor employ'd those that should , nor suffered those that would : to have brought in catechising only to thrust out preaching , cryed down lectures by the name of factions , either because their industry in that duty appeared a reproof to their neglect of it , ( not unlike to that we read of him , who in nero's time and tacitus his story was accused , because by his vertue he did appear exprobrare vitia principis ) or with intention to have brought in darkness , that they might the easier sowe their tares , while it was night ; and by that introduction of ignorance , introduce the better that religion which accompts it the mother of devotion . master speaker , in this they have abused his majesty , as well as his people , for when they had with great wisdom ( since usually the children of darkness are wiser in their generation than the children of light ; i may guess not without some eye upon the most politick action of the most politick church ) silenced on both parts those opinions which have often tormented the church , and have , and will alway trouble the schools , they made use of this declaration to tye up one side , and let the other loose , whereas they ought either in discretion to have been equally restrained , or in justice to have been equally tolerated . and it is observable , that that party to which they gave this license , was that whose doctrine , though it were not contrary to law , was contrary to custom , and for a long while in this kingdom was no oftner preached than recanted . the truth is , master speaker , that as some ill ministers in our state first took away our money from us , and after endeavoured to make our money not worth the taking , by turning it into brass by a kind of antiphilosophers-stone ; so these men used us in the point of preaching , first depressing it to their power , and next labouring to make it such , as the harm had not been much if it had been depressed ; the most frequent subjects even in the most sacred auditories , being the jus divinum of bishops and tithes , the sacredness of the clergy , the sacriledge of impropriations , the demolishing of puritanism and propriety , the building of the prerogative at pauls , the introduction of such doctrines , as admitting them true , the truth would not recompense the scandal ; or of such as were so far false , that as sir thomas moore says of the casuists , their business was not to keep men from sinning , but to inform them quàm propè ad peccatum sine peccato liceat accedere : so it seemed their work was to try how much of a papist might be brought in without popery , and to destroy as much as they could of the gospel , without bringing themselves into danger of being destroyed by the law. master speaker , to go yet further , some of them have so industriously laboured to deduce themselves from rome , that they have given great suspition that in gratitude they desire to return thither , or at least to meet it half way : some have evidently labour'd to bring in an english , though not a roman popery : i mean not only the outside and dress of it , but equally absolute ; a blind dependance of the people upon the clergy , and of the clergy upon themselves ; and have opposed the papacy beyond the sea , that they might settle one beyond the water . nay , common fame is more than ordinary false , if none of them have found a way to reconcile the opinions of rome to the preferments of england ; and be so absolutely , directly and cordially papists , that it is all that fifteen hundred pounds a year can do to keep them from confessing it . master speaker , i come now to speak of our liberties ; and considering the great interest these men have had in our common master , and considering how great a good to us , they might have made that interest in him , if they would have used it to have informed him of our general sufferings ; and considering how little of their freedom of speech at whitehall might have saved us a great deal of the use we have now of it in the parliament-house , their not doing this alone were occasion enough for us to accuse them as the betrayers , though not as the destroyers of our rights and liberties : though , i confess , if they had been onely silent in this particular , i had been silent too ; but , alas , they whose ancestors in the darkest times excommunicated the breakers of magna charta , did now by themselves , and their adherents , both write , preach , plot , and act against it , by encouraging doctor beal , by preferring doctor mannering , appearing forward for monopolies and ship-money : and if any were slow and backward to comply , blasting both them and their preferment with utmost expression of their hatred , the title of puritans . master speaker , we shall find some of them to have labour'd to exclude both all persons and all causes of the clergy , from the ordinary jurisdiction of the temporal magistrate , and by hindring prohibitions ( first by apparent power against the judges , and after by secret agreements with them ) to have taken away the only legal bound to their arbitrary power , and made as it were a conquest upon the common law of the land , which is our common inheritance ; and after made use of that power to turn their brethren out of their free-holds , for not doing that which no law of man required them to do ; and which ( in their opinions ) the law of god required of them not to do . we shall find them in general to have encouraged all the clergy to suits , and to have brought all suits to the council-table ; that having all power in ecclesiastical matters , they laboured for equal power in temporal , and to dispose as well of every office , as of every benefice , which lost the clergy much revenue , and much reverence ( whereof the last is never given when it is so asked , ) by encouraging them indiscreetly to exact more of both than was due ; so that indeed the gain of their greatness extended but to a few of that order , though the envy extended upon all . we shall find of them to have both kindled and blown the common fire of both nations , to have both sent and maintained that book , of which the author no doubt hath long since wish'd with nero , vtinam nescissem litera ! and of which more than one kingdom hath cause to wish , that when he writ that , he had rather burn'd a library , though of the value of ptolomie's . we shall find them to have been the first and principal cause of the breach , i will not say of , but since the pacification at berwick . we shall find them to have been the almost sole abettors of my lord of strafford , whilst he was practising upon another kingdom that manner of government , which he intended to settle in this , where he committed so many , so mighty , and so manifest enormities and oppressions , as the like have not been committed by any governour in any government , since verres left sicily . and after they had called him over from being deputy of ireland , to be in a manner deputy of england : all things here being govern'd by a juntillo , ( who dare say thus much at this time of day ? ) and that juntillo govern'd by him , ( and he govern'd by i know who ) to have assisted him in giving of such councels , and the pursuing of such courses , as it is a hard and measuring cast , whether they were more unwise , more unjust , or more unfortunate ; and which had infallibly been our destruction , if by the grace of god their share had not been as small in the subtilty of serpents , as in the innocency of doves . master speaker , i have represented no small quantity , and no mean degree of guilt . tant . enough , enough of this , i see whiggish doctrines , principles and practices , grow upon us . whigg . do not mistake your self , ( tory ! ) it is your tory-plots and principles have swell'd of late years to a monstrous tumour and deformity , almost to the consumption of our right and natural constitution ; and because we make warm applications sometimes to draw down the swelling , and let out the corruption , how you tantivees kick and frisk ? tant . kings ( of old ) us'd not to be bearded nor brav'd by their subjects . whigg . no , there was no cause for it , but read the history of the lives of king john , henry . edw. . edw. . what bickering there was to keep those kings from encroaching on the subjects liberties and properties , the subject of the great quarrel , contest and battels fought betwixt king and people , in all ( and onely in ) the unhappy reigns of unhappy kings , that suffer'd themselves to be seduc't out of their faith and truth , and to outstretch their prerogatives beyond its maker and creator ( the law ) and outstretch their consciences and their oaths , till they broke all to pieces . tant . poor feeble kings ( perhaps ) they were ; worms soonest grow in soft wood. whigg . were any kings fiercer or stouter than the three first of them ? who more valiant than edward . or more victorious against forreigners ? and if he were weak and feeble , it was only when the head ( like children that have the rickets ) swell'd monstrously and unconscionably , to the starving and consumption of the whole body , and inferiour members , which cannot fare ill , but the head must ake for it , and feel the smart at long run . honestly therefore ( if he could have continued so ) did he answer the encroaching prelates , ( to whom he had promis'd to give whatever they would ask , and they ask't him to repeal the statute of mortmain ) the king answered , that this was a statute made by the whole body of the realm , and therefore was not in his power , ( who was but one member of that body , ) to undo that which all the members together had done . tant . by this answer he should seem to inferr that he and his people are made all of a piece , of the same clay . whigg . why , what ? dost thou think kings are not mortals ? tant . they are divine . whigg . so tantivees also call themselves , but ( as alexander the great answered his flatterers that call'd him a god ) those that emptyed their close-stools scent no such matter , or extraordinary hogo beyond other mortals . tant . does not the text say , touch not mine anointed , and do my prophets no harm ? whigg . what of that ? tant . then do not you touch gods ministers , and gods prophets . whigg . where are they ? you must first show them to me before i can touch them . tant . all the kings ministers , ( arch-bishops , bishops , arch-deacons , deans , parsons , vicars and curates ) are all ministers and prophets of god. whigg . and also all officials , commissaries , publick-notaries , delegates , surrogates , vicars general , apparitors , proctors , jaylors and hangmen , registers and summers , are also all the kings ministers ; i do not desire to touch them , nor am very ambititious that they should touch me ; from them all , good lord deliver us , and all good men. tant . they meddle not with good men , cannot live by good men , the hangmen must starve if all were good men , they live by sinners , they eat eat up gods people as they eat bread ; that is , the sins of gods people is meat , and drink , and cloath to them . whigg . foh ! no more of them . tant . thou talk'st like a bold rebel , and wouldst act like a rebel ( i fear ) with other weapons than prayers and tears . whigg . i do not know how such fools and knaves as thou art may hap to provoke the old man within me ; 't is at your peril , and you come at your own adventure , but i will rather dye than be a rebel . tant . when the kings subjects ( in edw. . reign ) took up arms to remove evil counsellors from the king , and the king fled before them , and at length in hopes to preserve his minion , and the instrument of his wickedness ( gaveston ) lodg'd him in an impregnable hold , scarborough-castle , which the kings subjects took , and beheaded poor pierce gaveston ; you whiggs do not call this rebellion . whigg . why ? what historian does call it so ? i am sure that great loyalist and cavalier , sir richard baker , that ( throughout ) writes , leaning on one side , as if he was byas't the wrong way , does not call it rebellion ; nor is the word rebellion once mentioned in the late act of oblivion , after the happy return of his gracious majesty : but instead of calling it rebellion ( which old hodge would have eccho'd and mouth'd twice in each line ) sir richard baker's note is , — that while the king was altogether rul'd by gaveston , and gaveston himself was altogether irregular , the common-wealth could have but little of justice , but was sure to suffer , as long as gaveston was suffered ; and this may be sufficient to justifie ( mark that ) the lords , that it be not interpreted to be rebellion , which was indeed but providence . after that , the two spencers were the new minions that trod in the very steps of gaveston , and seduc't the easie king , pimps to his lust , for these onely were his favourites ; whereupon the people rise , as one man , with the earls of hereford and lancaster ; who confederating by a solemn league and covenant to live and dye together in maintaining the right of the kingdom , and to procure the banishment of the two spencers , the great seducers of the king , and the oppressors of the state ; and under this pretence they take arms , and coming armed to st. albans , they send to the king ( then ) at london , requiring him as he lov'd the quiet of the realm , to rid his court of those two traitors , the spencers ; condemn'd in many articles of high treason by the common-wealth ( mark that ) of the land ; and withall to grant his letters patents of pardon and indemnity , both to them and such as took part with them . tory. by that desire of indemnity they tacitly acknowledg guilt . whigg . yes , against the letter of the law , in strict construction , and a judge and jury of your principles , ( tory , ) it is not safe trusting you , when necessity had forc't them to courses that otherwise were illegal ; which yet the historian calls providence , not rebellion . tant . but did the king pardon them ? whigg . pardon them ? no , i trow , that had been too wise an action , for such a weak prince as was that ill-advis'd king. tant . but prythee what answer did the king give to the bold covenanters ? whigg . he swore he should never violate the oath made at his coronation , by granting letters of pardon to such notorious offenders , who contemn'd his person , disturb'd the kingdom , and violated the royal majesty . tant . well said , and how did this answer work upon the armed confederates ? whigg . it exasperated them , and presently they march't to london , ( the citizens being their sure friends ) and lodged in the suburbs , 'till they had leive of the king to march into the city , where they again more peremptorily urge their demands . tant . and what did the king then ? why did he not hang them all at tyburn ? whigg . he could not find hangmen that would undertake so great a work , besides to hang them all would be a tedious long work , and long a doing . tant . what ? did all people hate him , and forsake him ? whigg . no , they all lov'd him so universally , and wisht him so well , that they also desired he might be quit of his two diseases ( the two spencers ) that made the head ake , and the whole body sick and ill at ease ; and so at last he yields to their banishment . but this kings goodness and truth , went and came ( like ague-fits ) by paroxismes and intermissions ; no trust in his word and promises , for he consents to their banishment , onely to hush the present commotion ; hugh spencer the father was then beyond sea , and kept himself there , but young spencer lurk't here and there , hiding himself in england , expecting the turn of a better season , which soon came about ; for fortunes-wheel ( to the comfort of the afflicted , and terrour of the prosperous ) never stands still , but is alwayes in motion and upon the turn , as in this kings reign was frequently demonstrated ; for the next year ( anno . ) the king defeated the lords , and beheaded his unkle the earl of lancaster ; and four years after the parliament deposed king edward , ( or rather ) forc't him to depose himself and invest his son ; which if he refused , they threatned to chuse a king of another race , and he was killed soon after by his keepers , gourney and matrevers , tarleton bishop of hereford writing to them to that effect in doubtful sence , viz. edvardum occidere nolite timere bonum est ; but they guess'd at his meaning , for that bishop , adam tarleton , had a little before at oxford preach't before the queen and roger mortimer , ( her bosom friend ) on this text , caput meum doleo , my head aketh ; whence he inferred , that the kingdom being now deadly sick of its head , it was fit to remove that head and put a sounder in his place ; this was the loyalty of your bishop , when interest , &c. tant . how did the queen approve that doctrine ? whigg . she did not dislike it , to be sure , but her minion ( roger ) like't it well enough , as appeared afterwards . tant . it was an impudent whores-trick of her ; first to make the king a cuckold , preferring the love of mortimer ; and then to vnking him by deprivation ; and then to vnman him , by murthering him . whigg . she did not own the murtherers that did the deed. tant . but she did not punish the wicked bishop that preach't up the king-killing doctrine ; and who did give the murderers also commission to do it . whigg . no , he was her chief favourite-bishop , and fit for her turn ; but such was the general hatred to king edward . that he dyed vnlamented , ( though ( perhaps ) not unpittyed ) he had so disoblig'd his people by espousing two or three unfortunate minions , and their dependants , before and above his peoples welfare , that ought to have been his chiefest care. tant . i protest , though , 't is hard measure , first , to be made a cuckold , and then by the same engineers to be depriv'd , and then kill'd ; this is worse than what befell the earl of essex , ( general of the parliaments-forces in — . ) first , the duke of som — made him a cuckold , then he and she disparage her husbands virility , then ( for that reason ) gets her divorc't from him , ( as not man sufficient : ) and lastly , to make the church father all the escapes , he legitimates them , by making her an honest woman , and marrying her . tory. not man sufficient ? sayst thou parson ! why , what one man is sufficient for a whore ? if the church admit that for a sufficient plea for divorce , they 'l have as many customers for that , as they have for licenses for marriage . tant . the better trading for us ; we are men that know our interest and advantage , as well as carnal men . tory. ay , ay , who doubts it ? but say , ( mr. whigg , ) did the earl of essex put up this affront ? whigg . no , i told you he was the man that first headed the parliaments forces , that afterwards took more than sufficient vengeance on the church , and all that sided or bandyed with her : manet aliâ mente repostum : evil actions carry their furies along with them , vengeance attends them . for the said kings unfaithfulness to his people , in breaking his coronation oath and kingly trust , he lost his peoples hearts , and cousequently his own life ; and roger mortimer was kill'd in the queens embraces , and both court and church suffered in the other instance . tant . did the city of london joyn with the queen and the confederates ? whigg . yes , and the londoners to shew their good will to the queen , and the confederate lords , with great despight beheaded walter stapleton bishop of exeter , and lord treasurer , ( in rancour and hatred to the king ) with many others that they thought lov'd that unhappy king ; his kingdom as well as himself suffering beyond all patience , for his folly and perfidiousness in breaking his word , oath and royal trust , and by gods heavy judgments and displeasure , there being in the eighth year ( of this silly prince's reign ) such a dearth or scarcity of provisions , that horses and dogs were eaten , and thieves in prison pluck't in pieces those that ( were newly brought in and ) had got some flesh of their backs , and eat them them half alive . tant . sure that king was an ill-natur'd man. whigg . no , quite contrary , he was fair of body , and of great strength , given much to drunkenness , but not much to women ; kind and loving , but unfortunate in pitching his affections upon bad men and evil counsellors , which was his ruine and theirs too . tory. some men are not capable of good advice ; quos deus intendit perdere dementat prius : whom heaven does hate , to their own wayes it leaves them ; then strips them of their wits , and then bereaves them . whigg . some thought he deserv'd a better fate than he found , to be depos'd by his parliament , and murther'd by the means of those that made him a cuckold , or bishop tarleton the court-pimp to the queen and mortimer ; others said , honi soit qui mal y pense , let evil befall to evil men . tory. well , we have enough of him ; to return to archbishop abbot , who told little doctor land ( then bishop of bath ) in a conference with him about sybthorp's sermon , ( and this passage therein , viz. all antiquity to be absolutely for absolute obedience to princes , in all civil or temporal things , ) that such cases ( as naboth's vineyard ) may fall within this . whereupon the little-great-man was as a man in a rage , and fell a huffing , saying , that it was an odious comparison ; for it must suppose that there must be an ahab and a jezabel , and i cannot tell what sons of belial for false witnesses , and a judge for the nonce , &c. but the archb — told him , that reviling and railing does not answer his argument : all antiquity taketh in scripture , and if there has been an ahab , or a jezabel , that which has been , is possible to be again many years hence ; and if ( sayes doctor abbot ) i had allowed that proposition for good , i had been justly beaten with my own rod : for , if the king the next day had commanded me to send him all the money and goods i had , i must by my own rule have obeyed him ; and if he had commanded the like to all the clergy-men and gentlemen , yeomen and commons in england , by sybthorp's proportion , and my lord of canterbury's allowing the same , they must have sent in all , and left their wives and children in a miserable case . tory. what care the courtiers for your wives and children ? whigg . true , but the wonder is , that any englishman that has an estate ( though he got it by pimping ) should desire any tantivee-wayes or arbitrary-sway , lest he lose it as suddenly . tant . or that any of us clergy-men should be tantivees , ( you would say ) is a wonder too . whigg . you say right , but greedy dogs ( that can never have enough ) so they have but at present to please their rav'ning appetite , they gulp and swallow all , but never consider how it will digest or do them good . tory. nay , it is impossible to do them good , for it never digests or breeds good blood , but bad humours in abundance , that overflowes them , if it do not stick in their throats at the first going down , as many times it does , and choaks them before they taste the sweetness of their morsels , the reward of their ( spaniel-like ) fawning and sycophantry . whigg . i am glad to hear this from you , mr. tory. tant . so am not i , if toryes leave tantivees to shift for themselves , what will become of us , losing our main props ? whigg . then make use of your main-sail , and skud over the water , where you all strive to be , and whither you seem to drive might and main ; for popery and arbitrary government are inseperable , at least , arbitrary plants cannot thrive in england except they be water'd and besprinkled with popish exorcismes and holy-water : some bishops of the church of england have said that there is but a very little little difference betwixt popery and us ; our holy-dayes , our service ( in english , theirs in latine ) but word for word in most parts thereof , our priests vestments , church-musick , candles , altars , bowing , cringing , the very same . tant . right , but we have not auricular confession , nor hold we transubstantiation . whigg . you mean you cannot perswade the people to come to auricular-confession ; but for the real presence many preach it up , but by a distinction metaphysical , ( a distinction without a difference ) they only deny the corporal presence . tant . so , then you 'l say we differ therein from the papists only in nice words and terms of distinction . whigg . if it be more than words wherein you differ in this point , then that thing you bow to at the altar is really nothing , for if it be a real thing , it is a corporeal thing , if it take up its residence in one place of the church more than the other , and on the altar and the east , more than on the pulpit and the west ; nay , some preachers that bow very reverently to the altar at service-time , turn their back-sides to it all the while they are preaching very undecently ; if there be something there to be reverenc't more than on the north , west , or south-side , where no altars are . tant . you are a perillous whigg . whigg . and you are either a fool for bowing to nothing constantly , or a papist in heart for bowing to some real thing that takes up its lodging on the altar , in the east , which as yet you dare not name . tant . then you would make us believe that between the two religions there went but a pair of shears . whigg . far be it from me to say so , but between some of the priests and bishops of the two religions , there has scarce gone so much ; ( as the lord faulkland said , ) it is all that a good living or l per annum can do , to keep some of them from declaring themselves openly and professedly to be papists ; these fellowes never speak of the worst , the darkest , the blackest , the bloodyest superstition in the world , under the known name of popery , papists , &c. but ( mildly and gently ) they only call it the church of rome , the catholicks , &c. and if sometimes they call them romanists and roman catholicks , they think ( if it were overheard ) all hopes of further preferment is almost defunct ; as if roman was a needless epithite , and as if none were catholicks in the world but only that barbarous and bloody sect , because ( like the devil in the possessed ) their name is legion , for that they are many and numerous ; ( more is the pity ) yet , ( blessed be god ) if you go to tell noses in europe , or all the world over , protestants are the major part , as well as the better part ; though you throw to the papists side all our tantivees into the bargain ; come , come , rome loses ground every day , let the pope , the jesuits and the devil do what they can in combination , i told you , they have got but one main-pillar , and that is crazy and rotten almost , as great a blunder as they keep . tant . why do you think we shall not carry all before us ? whigg . yes , you will ( some of you at least ) be advanc't as high as haman , if the learned mr. selden prophecyed true ; for when doctor worral chaplain to the bishop of london licensed sybthorp's said sermon , he scratch't his name out , and suffered not so much as any sign of the letters of his name to remain on the paper , by advice of mr. selden , to whose better judgment , and for further advice he sent sybthorp's pamphlet ( call'd a sermon ) after he had licens'd it : but mr. selden said to him , what have you done ? you have allowed a strange book yonder , which if it be true , there is no meum or tuum , no man in england hath any thing of his own ; if ever the tyde turn ( as it did with a vengeance to the toryes and tantivees ) you will be hang'd for publishing such a book . but what the chaplain ( upon second thoughts ) would not do , his master ( the bishop of london ) did , licensing the same with his own hand , the good man being not willing that any thing should stick with him that came recommended from the court. tant . from the court or queen , what skills it ? i commend him , the same bishop also licensed a book , called the seven sacraments , with all its errors , made by doctor cosens , bishop laud's confident , and yet neither he nor any of them did ever declare themselves to be papists openly . whigg . no , no , i know it , they were the wiser ; neither did mountague , whom they all upheld and advanc'd , and yet he made the church of england a schismatick ; if the church of rome be a true church , and alwayes kept the faith , as mountague asserts , and the said bishops did abett him , and preferr'd him , and so did the d. of buckingham , magnifying him as a well deserving man ; and when the king ( charles . ) was marryed to his queen , ( a daughter of france , ) letters were sent to the high commission-court and other courts , to suspend and take off all execution of the laws against papists ; then by proclamation ( upon the parliaments remonstrance ) a quite contrary command was published under the broad seal of england ; and after the parliament was dissolved , then all the popish-priests , fourteen or fifteen at a time , are set at liberty again : such great variation of the compass was found in the same climat and longitude ; sometimes the laws being put in execution at a force-put , and then again slackning the reins and following natural inclination . tant . what opinion had archbishop abbot of those times and those transactions ? whigg . when the allowance of sybthorp's pamphlet was put upon him , he said , he had some reason out of the grounds of that sermon , that the duke had a purpose to turn upside down the laws , and the whole fundamental courses and liberties of the subject , and to leave us not under the statutes and customs which our progenitors enjoyed , but to the pleasure of princes . tant . that is brave , it is al-a-mode d' france ; but when the duke was stabb'd , did the same arbitrary courses go on ? whigg . yes , loans and monopolies , privy seals and such projects were continued , and some say the earl of strafford begun to assess souldiers upon the people that would not pay his arbitrary demands in ireland , chiefly to make way the better for the like project other-where ; yet he was a wise man , and a right englishman ( once ) 'till he became infected afterwards with ambition and court , the fate and occasion of the ruine of bishop laud as well as of him , and of one more of more worth than both of them : besides — ( said the archbishop abbot ) now it came in my heart , that i was present at the kings coronation , where many things on the princes part were , solemnly promised , which being observed would keep all in order , and the king should have a loving and gracious people , and the commons a kind and gracious king : but i am loth to plunge my self over head and ears in these difficulties , ( the loans , &c. ) that i can neither live with quietness of conscience , nor depart out of the world with good fame and estimation : and perhaps my soveraign if he looked well into this paradox , would of all the world hate me , because one of my profession , age and calling would deceive him , and with base flattery swerve from the truth . tant . then you think that the kings minions ( buckingham , laud and strafford ) were the kings greatest enemies , and that of all the world he had most cause to hate them . whigg . no doubt on 't , if their councels came out of their own heads , or was not rather instill'd and put into their heads , by — i know who — tory. oh! i apprehend you . whigg . but whether it be the devil or man that possesseth men with evil , the sinners that received the temptation , ( the baits of ambition and avarice ) as they are instruments of wonderful mischief and blood , ought to pay dear for their sycophantry . tant . pay dear , ( do you say ? ) strafford and laud lost their heads on tower-hill , and buckingham was stabb'd at portsmouth by felton , ( you said ; ) but you did not tell me what mov'd him to this bloody fact. whigg . felton neither fled for it , nor denyed the deed , but said he killed him for the cause of god and his countrey ; and when it was replyed , that the surgeons said there might be hopes of his life , felton answered and said , it is impossible , i had the force of forty men assisted by him that guarded my hand : that he did not kill him for any private interest whatsoever , that the late remonstrance of parliament published the duke so odious , that he appeared to him deserving death , which no justice durst execute . tant . but ( we say ) seldom comes a better . whigg . nay , there was not much to choose , for the same councils were still carryed on , so that the duke was not look't upon as the original , but rather an instrument to execute perplext counsels ; and when he was kill'd there wanted not others that would venture in his room , though all history tells us , those little by-wayes and illegal wayes prove as fatal now a-dayes as of old , ( in the dayes of gaveston and the two spencers , suffolk , &c. ) there was a paper found tack't in the crown of mr. felton's hat , which was to show that his conscience was satisfyed in the fact , and that he was therewith well pleased , lest he had been presently hewed in pieces without opportunity to tell the world so much ; but by the pious endeavours of some men , he was brought to some remorse , and to acknowledge the fact damnable without gods great mercy ; but denyed that the puritans or any other set him on , or knew of his purpose : but bishop laud told him , if he would not confess who set him on , that he must go to the rack ; he replyed , he knew not whom he might accuse , perhaps bishop laud or any other in that torture ; and the judges agreed — that by law he could not be rack't nor tortured ; but felton proffer'd his hand to be cut off , which the king desired might be done , but the judges said it could not be by law , but after he was dead , he was hang'd in chains . tant . but who got the duke's place ? whigg . places ( you should say ) for many were enrich't by this single wrack ; yet after the duke's death the king seem'd to take none into favour so much as doctor land , ( then bishop of london ) and sequestrator of the profits of the archbishoprick of canterbury ; for dr. abbot was ( civilly ) dead , and four years after he really dyes , to the desir'd advancement of dr. laud to that archbishoprick , having long waited for the happy hour before it came . tant . but was tunnage and poundage continued without authority of parliament ? whigg . yes , and mr. chambers his goods to the value of l was seized for a pretended duty of l custom ; the like seizure on the goods of mr. vassall , mr. rolls , and many others ; and the attorney general exhibited an information against mr. samuel vassal , seting forth that king james did by his letters pattents , command the taking the said customs , and that his majesty , ( charles . ) by the advice of the privy councel , did declare his will and pleasure , for the said subsidies , customs , &c. until it might receive a settling by parliament . tant . what did mr. vassal plead to this ? whigg . he pleaded magna charta and the statute de tallageo non concedendo , &c. to which plea the attorney general demurred in law , and the barous of the exchequer did absolutely deny to hear mr. vassals council to argue for him . tant . that was brave upon our side . whigg . and yet the king in his speech to both houses in the banqueting-house confess 't he did not challenge tunnage and poundage as of right . tant . if not of right , how then ? whigg . de bene esse , and of necessity , because he could not want it , nor stay till the par 〈…〉 ent was minded to give it him . tant . that is a mighty pretty reason , in justification ; when years together he call'd no parliament . whigg . and soon after the king sent a message to the house of commons speedily to take tunnage and poundage into consideration . tant . and how did the commons like that message ? whigg . they were disgusted that the bill should be imposed upon them , which ought naturally to arise from themselves , impowering a committee to examine the violation of liberty and property since the last session of parliament , and then resolv'd in the next place to proceed in matters of religion , and particularly against the sect of arminians . and ( sayes mr. pym ) two diseases there be ( mr. speaker ) the one old , the other new , the old , popery , the new , arminianism . concerning popery three things to be enquired : . the cessation of the execution of the laws against papists . . how the papists have been employed and countenanced in great places of trust . . the law violated ( mark that , parson ! ) in bringing of superstitious ceremonies amongst us , as at durham by mr. cozens , angels , crucifixes , saints , altars , candles on candlemas-day burnt in the church after the popish manner . tant . that was only because — since the papists would not meet us , we would try how far we can go towards rome and yet be church of england men . whigg . ay , you tantivees are subtle fellows in ecclesiastical policy , nay , and ( likewise ) in state-policy , your hand is in in every dish , there is nothing comes amiss to you , you are so equally accomplisht for heaven and earth ; you are clearly of opinion to have your church triumphant here , as well as hereafter , you have the luck of it , in comparison of christ and his apostles . tant . we are prudent as serpents , and are commanded so to be . whigg . and also like serpents to lick the dust and other mens spittle , in prospect of advancement : and the manners of the bishops was so notorious to that young prince of famous memory ( king edw. . ) that in his diary with his own hand-writing , was found this observation concerning the bishops of his time , namely , that some for sloath , some for age , some for ignorance , some for luxury , and some for popery , were unfit for discipline and government . tant . come — no more of them ; what became of the tunnage and poundage ? tory. the committee ( in debate ) inclined , that the merchants have ( first ) their goods restored which were taken from them against law , and against right , and the proceedings against the refusers null'd in the exchequer and star-chamber , before they would enter upon the bill for tunnage . for ( quoth mr. noy ) we cannot safely give unless we be in possession , for it will not be a gift but a confirmation , neither will i give 'till a removal of these interruptions . whigg . ay , noy and sir thomas wentworth were right englishmen , but ambitious , and the king was advis'd to take them off by preferment , and he did so , noy being made attorney general , and the first projector of ship-money , but he dyed soon after ; but his project did ( but a little while ) out-live him , and then it was damn'd by the same king that promoted it ( in car. . . ) and all the writs ( called ship-writs ) and the proceedings of the judges thereupon , as utterly against the law of the land , the right of property , the liberty of the subjects , former resolutions in parliament , and the petition of right , made but in the third year of that king. tant . how should we know the law , if the judges erre ? whigg . there is none so blind as they that will not see , do not we see how great places make men warp , and stand awry ? like high steeples that are too lofty to be upright . tant . all are not so warpt . whigg . no , god forbid they should , judge hatton and judge crook escap't the general contagion and infection . tant . but what became of this same tunnage and poundage ? whigg . the king dissolv'd the parliament when they would not give it him , ( but as they list , ) and after that in the interval of parliament took it , and imprisoned ( by warrants from the council ) were denzil hollis esquire , sir miles hobert , sir john eliot , sir peter hayman , john selden esquire , william coriton , walter long , william stroud , and benjamin valentine , parliament men . tant . and how long lasted that interval of parliaments ? whigg . above twelve years ( namely ) from march anno domini . until april . . which lasted but twenty dayes , his majesty dissolving them also , ( for they went on in the old story ) looking back since the last parliament , at the grievances which were as numerous as intollerable ; but the king found it necessary to call another parliament , which met november . . and did the strange things you have heard . tant . sure the people were mad , stark mad in — . and . whigg . oppression makes wise men mad . tant . did not addresses come from all parts to thank the king for dissolving the parliaments so fast ? whigg . no such matter , for the people were so enraged when the parliament was dissolved . ( attributing it to the d. of buckingham ) that they would ordinarily utter these words : let charles and george do what they can , the duke shall dye like doctor lamb. tant . how dyed doctor lamb ? whigg . the boyes , ordinary people and the rabble beat him and bruised him , and left him for dead , falling on him as he walk't through the old-jury , calling him the duke's conjurer . tant . but when the duke was stabb'd , who did they blame for the dissolution of the parliament ? whigg . who ? who but the powerful men at court ? especially bishop laud , some few dayes after two libels being found in the dean of paul's yard to this effect ; laud , look to thy self , be assured thy life is sought , as thou art the fountain of wickedness , repent of thy monstrous sins before thou be taken out of the world , and assure thy self , neither god nor the world can endure such a vile councellor or whisperer to live . the other was as bad against the lord treasurer weston . tant . what , he that you say dyed a profest papist ? whigg . the same . tant . but bishop laud dyed of the church of england . whigg . yes , yes ; it is better to be the arch or chief of the clergy of england , and chief favourite also , than to be the second at rome ; and he very fairly refused a cardinal's cap which was proffer'd him : and i believe he was no more a papist ( in heart ) than i am ; what he did in complyance with popery , and popish ceremonies , was only in complacence to — you know who . — tory. the more blame-worthy , to act against his little conscience ; as appear'd by the then favourites , for strafford , noy , laud , &c. untill preferment dazel'd them , and height made them vertiginous and turn-sick , were as steddy protestants and english-men as any . whigg . ay , ay ; the devil knew what he did when he proffer'd our saviour the kingdoms of the world , shewing the glory of them , tempting him : as if , they had need be assisted by divinity who are temptation-proof . tant . right ; for onely divines are temptation-proof . whigg . true ; none are temptation-proof but those that are true divines , in reality , not divines ( that are such ) in name onely ; or such that lay heavy burdens on others , but will not touch them themselves with one of their fingers ; or , such as preach prayers and tears onely to other christians , whilest they themselves tear and rend with the civil sword , curses instead of prayers , and instead of tears , rant it with blood and wounds . tory. you think the laws are the onely as well as the best boundaries to keep king and people within their just limits and duty . whigg . right : the rules of justice or the laws are the hercules pillars , or the nè plus ultra , to king and people ; to the kings prerogative , and the peoples liberties ; as they are the hercules pillars , so they are the pillar to every hercules , to every prince ; which if he pass , he goes into the vast ocean , the lord knowes whither ; for no body knowes what will be the end and issue of such dismal wandring . therefore the old rule of law is — solum rex hoc non potest facere , quod non potest justè agere ; the king can do nothing but what he can legally do : therefore antiochus king of asia sent his letters and missives to all his provinces , that if they received any dispatches in his name , not agreeable to law and justice ; ignoto se literas esse scriptas ideoque iis non parerent ; he disclaim'd the same , as not being his act and deed , though attested under the broad-seal . tory. but suppose ( at a bone-fire on a thanksgiving night ) such a whigg as you pass by , and will not drink the kings health , or the dukes health , and i break your head , whigg . whigg . then , you are a ryotor , and the magistrates ought to punish you accordingly , and in my own defence i may lawfully knock your pate again , tory , to get out of your clutches . tory. that might occasion knocking-work . whigg . have a care then that you keep the kings-peace , and do not dye as a fool dyeth ; for he that makes the assault , ( the aggressor ) must be responsible for all the mischief that ensues from his own wickedness , and villanously-bold attempt in stopping the kings subjects , and setting upon them with violence , in the kings high-way walking peaceably by them . tory. there is none but a rebell will refuse the king or dukes health . whigg . there is none but a drunken coxcomb will say so : besides , 't is expressely against his majesties proclamation publisht against forcing of healths down mens throats , whether they will or no. tory. wee , for the king , will drink and whore , it showes our loyalty the more . whigg . ay , such loyalty has done wonders ; wonderful mischief ; and the kings friends were his greatest enemies and traytors , and most guilty laesae majestatis . tory. how prove you that ? whigg . infallibly , by the premises , for if the king can do no wrong , and can onely do that that legally and justly he may do , then , . tunnage and poundage without authority of parliament ; . money for knights fees or , lest you should be made a knight ; . loans and privy seals , benevolences and monopolies ; . billeting of souldiers ; . ship-money , and ship-writs ; . imprisonment and seizures for refusing to pay those illegal taxes ; were none of ( them ) the kings act and deed , though in his name , and under his seal . tant . that 's strange ; why , ( man ! ) the return of the cause of their commitment ( upon their habeas corpus ) was this , per speciale mandatum domini regis , that the prisoners were committed by the special command of the king himself , and so the council order'd . whig . that 's braze : good councellors will take upon themselves harsh things , and leave the king the honour and thanks of our acts of grace and goodness ; but this invests all the order of true politicks ; mercy and goodness , only naturally and immediately flow from the throne ; justice from the ministers : therefore the sword is carried before him , but the scepter in his hand . tory. ay , but it was advised , that the calling of a parliament : ( being pleasing to the people and obliging ) should be given out to be at the motion of buckingham ; ay , ay , but when it was dissolv'd , the king did it in his own person ; as well as by his prerogative : but has the king such a prerogative to adjourn , hold , and dissolve parliaments at pleasure ? whig . king charles often told the parliament so , saying , as before , in pag. . remember that parliaments are altogether in my power , for their calling , sitting and dissolution ; therefore as i find the fruits of them good or evil , they are to continue or not to be . tory. by his prerogative , the law of parliaments is wholly at the kings will , and in his breast ; for grievances intoiierable ( as aforesaid ) many and great , in false imprisonment , false seizures , false subsidies , all illegal were yearly and daily inflicted in the kings name , and by his authority upon the bodies and estates of the king's subjects , no man was sure of holding either liberty or property longer than the good pleasure ; these grievances were contrary to law , equity , justice , equity , reason , and the stipulation oath and acts : these grievances ought not to have been ; or , if by evil councellours , and evil ministers , and wicked men they happened , the king ought to have remedied and redrest them , instead of abetting and defending the oppressors of his subjects , and the violators of those laws , that he was sworn to uphold and obey ; and ought to have lookt upon these vsurpations of his subjects rights , and the vsurpers as the greatest enemies of his throne , which ( solomon says ) is only established by justice ; not by pilling and polling , robbing or defrauding the harmless people . and the king should have look't upon the parliament ( that desired to redress the grievances and to cure these griefes and distempers of the state ) as his best friends , and should have blest god that he had a prerogative to call them and keep them together for so blessed a work ; and not to threaten to dissolve them ; if they will not give him more money , and if they will not forbear to punish those grand delinquents that had so shamefully abused the king , by abusing his subjects , his justice , his oath , his royal word , and promises , his conscience and his laws . tory. bracton says , that although the common law doth allow many prerogatives to the king , yet it doth not allow any that he shall wrong or hurt any by his prerogative . tant . by that rule a king has no prerogative ( it seems ) to dissolve a parliament for medling with redress of grievances , or the punishment of the evil instruments and ministers that caus'd or councell'd them . whig . i will not be so bold to define the kings prerogative , ( let it be for ever sacred ) otherwise than as we describe divinity ; ( negatively ) rather telling what it is not , than what it is . first , the king has no prerogative to hurt himself , or his people , nor yet to break his laws , or dispense with a statute , nor to violate his conscience , his word , nor his oath . for rex merito debet retribuere legi quia lex tribuit ei , facit enim lex , quod ipse sit rex , says bracton : the king may well give the law its free course , due unto it , because the law gives him his due : for the law makes him ( what he is ) a king. rex enim , a bene regendo : the king is so called from ruling well , but he is called a tyrant that oppresses . secondly , the kings oath is not only to rule according to law , but to make new , and abrogate old laws , which cannot be without a parliament ; therefore parliament ; therefore parliaments are a fundamental and vital part , and constitution of the government . thirdly , if a king can chuse whether he will call a parliament at all , except once in three years , and then send them home and dissolve them , as he list and when he list , without redress of grievances ; then the fundamental constitution and law of the government must be lame and imperfect : for , at this rate , the prince and his ministers may do what they list , and impune make their wills a law : but it is impossible that a government ( so wisely constituted as ours is ) should be so lame , imperfect and deficient , as not to make provision for its own being and subsistance in the fundamentals : this therefore is provided for in the very essence of the government ( which we may call the common-law ) which is of more value than any statute ; and of which magna charta and other statutes are but declaratory . fourthly , tho' the king is trusted with the formal part of summoning and pronouncing the dissolution of parliaments , yet the law which obliges both him and us , has determined and ascertained how and when he shall do it . tant . ay , ( marry ) whigg ! now you come close , let us hear that . whig . i 'le prove it clearly and evidently by common-law and statute-law , reason and equity ; and these four do guide or should guide all the benches in westminster-hall . tory. if you can do this , it will prove very beneficial to all ; for i observ'd that , in the late civil wars , the cause of the great bloodshed was the difference betwixt the kings prerogative and the peoples liberties ; which could not be decided , ( it seems ) but by the sword. whig . it is better far to decide the difference with a pen ; but indeed the kings prerogative and the peoples liberties never clash , but there is a sweet harmony betwixt them , one with another , one supporting and upholding another , not destroying and ruining one another ; as some juncto councils would make them . tory. we ( tories ) fought for the prerogative royal. whig . then you fought for you did not know what . tory. yes , the loans , privy-seals , tunnage and poundage , ship-money , &c. and seizures and imprisonment ( thereupon ) were all against law , law , and against the peoples liberties and properties , but the king did act by his royal prerogative , and so took the goods and imprisoned the gentlemen that refus'd ; by prerogative . whig . the king has no prerogative wrongfully to imprison or take mens goods : to imprison men , is a work for the kings ministers of justice , but below the grandeur of royal majesty to do it , or , to give order for it , other than that as all the execution of the kings laws is to be done in his name , though he personally know nothing of the matter : and if the king ore tenus , or in writing , command john a nokes to imprison john a styles , without mentioning any cause in law , ( or breach of some law that requires imprisonment ; an action of false imprisonment lyes against john a nokes , and he shall not be suffered ( in his excuse and justification ) to plead — speciale mandatum regis , that the king commanded it ; but must set forth some other special matter ; for if that might be admitted , the king , who cannot with a word take away my pence , my horse , nor my asse ; yet he might destroy with a breath ( that which is much dearer to me ) my liberty . tory. you speak reason , and law too ; but may not the king invade his subjects liberties and properties , in cases of necessity , by his royal prerogative ? whig . pish ; the favourites ( buckingham and laud , &c. ) as you have heard before destroyed the kings fleet , consumed the kings men and money , ships and ammunition , by senseless and vnhappy expeditions , and sometimes by lending them to france , in a time when we had more need to borrow , and by such whimzees ( but the parliament gave it a worse name , calling them , treasons ) they reduc'd the king and kingdom into great straits , weakness and necessities ( which was the design of the popish plot , the favourites were only the instruments , and perhaps saw not what they did ) but they did so many irrational , senseless and destructive acts , that almost all lay at stake ( as you have heard ) and was just upon the go : what must be done ? that was the question , in these necessities and straits ? to call a parliament , was the proper , natural , true , certain , and only english remedy . tory. ay , so it was ; i must needs say . whig . well , and so the king found ( too late ) but the minions had done such unanswerable things , that in all their consultations they did ( as all private councellors do ) stear their course with an eye and main respect to their own particular safeties and welfare , and not to the general good , welfare and salvation of the ship of the commonwealth , that they guided , at the helm ; and they were so conscious of their own wickedness ; that the earl of strafford ( very prudently foreseeing his own destruction when the parliament was called ) humbly craves excuse from attending it , chusing rather to stay with his army in the north. tory. he had nothing else to trust to but an army and force ; for by force and an army he ruled in ireland , and nothing but the same methods could possibly preserve him , nor ( indeed ) any tyranny and oppression . whig . true , violence only can justify violence ; not could his sins be safe but by attempting greater ; yet , he had something else to trust to besides an army . tant . what , i pray ? let me hear that . whig . the royal word , and the promise of a king , who , to perswade him to come to the parliament , ( besides the peremptory command that would take no denyal or excuse , but come he must ) the king engaging and promising , that as he was king of england , he was able to secure him from any danger , and that the parliament should not touch one hair of his head. tant . but they did reach every hair of his head , and the head also , the king also passing the bill : but what said the earl when he first heard that the king had past the bill against him ; as in a complemental letter he gave him leave . whig . he held up his hands , ( as coleman did at the gallows when he saw he must go to it , not using the very words that coleman did , there is no truth in men , but ) to the same tune , lift up his eyes to heaven , and laying his hand on his heart , said , — put not you trust in princes , nor in the sons of men , for in them there is no salvation . tant . ay , coleman indeed was left in the lurch , some thought by his last words . and thus , the devil huggs the witch ; but , at the gallows , leaves the wretch , to the embrace of squire ketch ; laughing when her neck does stretch , that he her soul to hell may fetch . tory. but what said king charles in his own excuse ? for giving up strafford contrary to promise ? whig . he was sorry for it , but it could not be help'd , it was so lately done ; but the king ( nevertheless ) sent a letter by the prince to the lords , written with his own hands , intreating them that they would confer with the house of commons to spate the life of the earl , and that it would be a high contentment to him . tant . and what did the lords thereupon ? whig . just nothing at all , as to sparing his life ; but so confirm'd the king , that he said also fiat justitia : but the king in a speech ( a little before ) he signed the bill of attainder against the earl , told both the houses of parliament ; that in conscience he could not condemn the earl of high treason , that he answered for , as to the most of the main particulars of the charge against him . tory. ay , ay , the earl did not , durst not have attempted such things as he did , if some body had not been privy to it besides himself . whig . the king also told the two houses , ( at the same time , ) that neither fear , nor any other respect should make him go against his conscience . tant . but it seems his royal resolution was changeable . whig . yes , and yet he was naturally constant to his opinions , and tenacious of them , some thought even to offence sometimes : but the crimes against the earl's arbitrary government , arbitrary sway , arbitrary councels , arbitrary force , arbitrary taxes , and ruling by an army , and making his will his law was so apparent , that the fault mustly upon some body , and upon whom more fit , than upon such an evil instrument , and evil councellor , as strafford was , whom the very king himself could not deny to be guilty ( as he publickly acknowledged to both houses in his speech aforesaid ) of such misdemeanors , that he thought the earl not fit to serve him or the commonwealth , in any place of trust , no not so much as a constable ; and concluded his said letter , with these words : if no less than his life can satisfie my people , i must say — fiat justitia ; which words he repeated , when the lords in answer to his majesties said letter , denyed to spare his life , as unsafe for the king and royal family . tory. i am clear too of opinion , that either the king was privy to his misdemeanors before that time ( as the king intimated as aforesaid ) or else he and all other kings may think the better of parliaments as long as they live , for representing men in their true colours , and letting them see that the persons and chief favourites , admirals and generals of their armies , and when they trust ( as king charles did strafford ) with the management of their chief affairs , are really and truly such wretches , that they are not fit for the meanest trust , no , not so much as worthy to be petty constable . whig . that dilemma is unanswerable . tant . but , prythee , ( whigg ! ) what opinion had men , in those days , of the court , as to arbitrary government , popery , or affection to popery ? whig . men strangely differ'd in opinion ( in those days as now ) which bred that great difference amongst men , as ( it seems ) was not to be decided without blood , great unnatural , and uncivil bloodshed . tory. we , ( that were cavaliers , ) believed the king , when he took the sacrament upon it , and pass'd so many acts of parliaments against popery and papists , and promis'd to proceed vigorously against papists ; and that he also did abhor the thoughts of arbitrary government : really we believ'd so many oathes , sacraments , vowes , and royal words and promises , publick and private declarations and proclamations . whig . ay , ay , so you did ; we whiggs , too have a great deal of faith , if we let upon a belief , we will not to our own eyes give credit ; we are for implicite faith sometimes , as well as you . tory. well , but answer to the purpose was not the king counted a gracious good king ? whig . yes , all kings are called so , especially whilst they live and to their heads ; for a king can do no wrong : and all men acknowledged that king charles i. of his own natural temper was inclined to goodness , and mercy , and justice , and righteousness ; and the keeping of faith with men , and observing his word , fulfilling his promises , and keeping stedfast to religion ; and therefore , they think that he knew nothing of the matter , when popish-books , or books in favour of popery , ( as mountagues book aforesaid ) and the authors of such books ; and the books for arbitrary government , and the authors of them ( sybthorp aud manwaring ) were the men and the books , the tenents , doctrines and opinions that were prefer'd , advanc'd , extoll'd , cry'd up and countenanc'd at court above all other men and books , were really orthodox , and according to law ; nay , some think the king knew not that mountague and manwaring were not only pardon'd but made bishops ; since the parliament had judg'd them unmeet for their demerits ( which no man in england durst publickly own or vindicate to this day ) and vile wretchedness and false doctrines , to be uncapable of the meanest benefices ; yet these must be the chief shepheards , the flocks were like to be well govern'd ; and bishop land that abetted and countenanc'd the said authors and books , licensed their false doctrines , and impure as well as illegal principles , and got their books licensed , was made archbishop , and who but he ? with the king and court ? the king knew nothing of all this , nor that papists ( great papists ) were put into commission all the kingdom over ; nor , that arbitrary government in loanes , knighthood-money , tunnage and poundage , ship-money , assessing and billeting of souldiers , &c. the king knew nothing of all this ; these were deeds , deeds , not words ; deeds that made the kingdom groan , deeds that affrighted the parliament and the kings best subjects with too much cause of jealousies and fears of popery and arbitrary government , when it was really practic'd in so many particulars , and the councellors and favorites that abetted the same , the only men in favour ; and nothing was said against them in parliament , but it prov'd the ruine of the men , though parliament-men , that might parler le ment , speak their minds freely , and lawfully , and also prov'd to be the dissolution of those parliaments ; 'till the kings necessities and straits were so great , and the dissolutions so frequent , and on the strange occasions aforesaid , that the parliament would do nothing , 'till the king not only had promis'd ( but had granted it by statute ) that they should not be dissolv'd but by their own consent . tory. it is the greatest wonder in the world to me that any king should dissolve a parliament but by their own consent , or 'till all grievances be redress'd ; for the king is pater patriae the father of the country , and what an odd humour is it , if a father that has a child or children , troubled with griefs or grievances , and had a prerogative that could but would not remedy them ; nay , nor suffer them that would remedy his children ; is this father like ? or like something else ? the king is the chief shepheard of his people , his flock ; but what an odd humour is it , if a shepheard , when he sees doggs and wolves tear and rend his sheep , shall neither ( according to the duty of his place ) deliver his sheep out of their jaws ; nor yet suffer others to do it ; but , contrarily , side with the doggs , and defend the worried sheep ? much more , if he see the currs on , worse , if he shall go snips in the booty and prey . whigg . i am glad to hear this of you , ( mr. tory ! ) you have been us'd to language that has less of sense , reason or law in it . tant . but all this while ( mr. whigg ) you do not tell us any thing in answer to this excuse the favourites made , namely , necessity , the kings necessities required that which ( indeed ) ought not to be done by law. whig . necessity ? pish ! this excuse aggravates their offence ; for thus they dispute in a carcle , and justify their wickedness by greater , by links and chains of evil consequences ; first , the kings affairs by their evil councel and managements is brought into straits and necessities , the effect of them , then these evil effects are made the cause of the continuance of worse effects , world without end : but , thank god for a parliament ; the pretence of this same whimzey , ( necessity ) hath ruin'd the liberties and properties of the french-men in normandy to this day : for they were ruled ( once ) by as good laws as we are ; but being opprest with some grievances , contrary to their charters , customs and franchises , they made their complaint to lewis the tenth , who by his new charters in the year . acknowledged their rights and customs aforesaid , and confirmed them ; confessing also that they had been unjustly grieved and wrong'd ; but by the said new charter did provide that from thence forward they should be free from all subsidies and and exactions ( to be imposed upon them ) without their own consents ; but , with this saving , or small exception , si necessitis grand ne le requiret ; namely , except great necessity required the contrary : which little business ( mr. necessity ) has done their business , and broke the neck of all their laws , charters and franchises , and of subjects they are become slaves and vassals ; little differing from turky-gally-slaves ; for no man can say any thing is his own ; if necessitye le grand , ( that is ) the king require the same ; nay , they dare not now say , that their souls are their own ; so great is the encroachment of tyranny , covetousness and oppression ; if you give it an inch , it will take an ell , and thefore you toryes are a base generation , for you hate your friends most of all , and ( spaniard-like ) at the same time , basely fawn , wagg your tails , and cringe ( base currs ! ) to the hand that beats you most ; nay , you 'l fight to blood , in pursuit of your sycophantry , ( poor slaves ! ) and your tantives will preach your people all out of church , rather than not preach up the said false doctrine of sybthorp , mountague and manwaring : oh most unworthy treacherous and easy-bought hirelings ! that , for to be made a shepheard , or chief bishops of souls , would betray them , and sell them all , and your own to boot into the bargain , in defyance of the laws of god and the realm , which the king is sworn and bound to obey , perform , observe and keep : the throne cannot have ( it has been found by woful experience ) worse friends nor greater traytors than such sycophants and wretches as you are . tant . we are as much obliged to you , mr. whigg , for your good opinion of us . whig . 't is , according to your merits ; is it not enough that this kingdom and commonwealth should be once in one age undone by the same kind of men , the same sell truths , the same illegal principles , and tantivee-practices , and parasitical flatteries , and slye insinuations under the vizard of divinity , loyalty , and the church , the church ; and yet not one in a hundred of them can tell what , or who is the church ; but usually , by the church ( they mean ) themselves , the clergy ; that is , the promoted and dignifyed clergy-men ; and how the vilest and worst of clergy-men came to be promoted ( by their vileness and villanies ) you have heard ; for no other clergy-men could be found so to debauch their consciences , the laws of england , and the protestant religion ; and these are the men ( forsooth ! ) whose spitle we must all lick up , and be punish'd , if we speak never so little against them , ten thousand times more than when by curses and oaths we blaspheme the holy name of god : oh brave world ! and brave holy religion ! and bravely managed ! tant . you are warm upon us . whig . is this a time to be meally-mouth'd ? to sit weeping and wailing and wringing of hand , with prayers and tears only , when — tant . when , what ? speak out — whig . i will not , catch-pole ! you do but ly at lurch , to undo a man for speaking truth , if you can but by hook or crook drill him in , and bring him within the reach or swing of some old stretch'd law , to colour , as well as vindicate safely the private spleens and revenge ; every body sees you , and yet you think you walk invisible ; and now too , having got ( tory ) here to be a fellow-witness with you ; oh how you will strain a word and your own consciences ? to bring a man ( that thwarts your evil purpose ) to be maul'd by law , especially , when you get ( which is not difficult ) a jury , and — for your turns . tory. you speak feelingly . whigg . jeet on ; and mark the end on 't ; there is an over-ruling providence and god of justice , the very heathens apprehend it ; and the wheel of fortune comforted the captive prince , that drew the conqueror's chariot , the wheels whereof turning round , and the upmost side ( forthwith ) undermost , and the undermost again uppermost , comforted and cheer'd his captivity with the certain incertainty inconstancy and vicissitude of things : and therefore , ( good rampant tory ! ) let not him that putteth on his armour boast himself ; yet , you think , you have got the world in a string ; and since the days of blessed mary , popery ( coleman says ) had never so fair and likely a prospect . tant . i am not for popery . whigg . no , not for the name ; i believe , thy religion is l per annum , call it by what name any body pleases . tory. but did not you say , ( whigg ) that you would prove by common-law , statute-law , reason and equity , that the law determines how and when parliaments shall sit , or be dissolv'd ; how long they shall sit , and when they shall be called ; all which ( i understand ) lay no where but in the hallow of the kings-breast , his will and pleasure . whig . no acts of justice , as a king , lyes ( so incertainly only ) as at the will and pleasure of the king , so as not to be determined by law , though some acts of mercy and pardon are purely arbitrary to adorn the throne : for if that did , all our other laws are nothing worth , but at the good pleasure of the king and his ministers arbitrarily : for , for all their transgressions , none can call evil ministers to account but a parliament , at least , none more properly : and if they can stave off a parliament at pleasure , and dissolve it at pleasure , we hold all our other liberties , charters and properties at pleasure ; which they have often oppress'd and invaded , as aforesaid ; and when a parliament call'd them to a reckoning and account for their roguery , and worse , than march them off : here the remedy ( by this rule ) is left to the mercy and good will and pleasure of the disease , when evil ministers disease the common-wealth , and this disease may not be inquired into by the only physitians , the parliament : for ( alas ! ) the judges know who gives them ( and continues to them ) their places and soft seats . tory. you see , as aforesaid , in king charles i. his speeches , his declarations , &c. still he inculcates , and bids them remember that the calling , adjourning , prorogueing , holding and dissolving parliaments are in his power . whig . i believe , you mistake , for the houses usually ( if not always ) do adjourn themselves , but they are prorogued , and called , and dissolved by the king ; so all criminals , ( or so suspected ) are indicted by the king ; that is , in the kings name ; but the law directs it both how and wherefore . tory. so you would say , the law directs the formal part also of calling and dissolving of parliaments to be by the king , in his name , but the wherefore , or cause of calling and dissolving parliaments is limited and determined by the law , and the time of intervals which the king cannot pass , or dispute with . whig . yes surely , or else the great foundation of our laws ( parliaments ) the banks that limit and bound the out-ragious swellings and overflowings of arbitrary and unlimited dominion , would be strangely deficient and lame in not providing ( first and especially ) for its own preservation against arbitrary will and pleasure . tant . nay , i suppose you are a learned and stout champion for the laws ; and for the laws of parliament , and much skill'd in them . whig . i pretend to no skill therein , nor to the honour of it ; all i have to say , or have said on this subject , is only as an historian of whiggism , a bare summary collection of what others have done and said as to these particulars in the reign of king charles i. to rub up your memory with my brief notes , not to tell you any thing you have not heard before , but with little cost and charge give you the marrow of greater and more elaborate works at an easier rate , and minute expence both of money and time. tant . well said , i like that very well , for i have not much ( of either ) to spare ; but first ( say ) what the common law enjoynes as to the holding or dissolving parliaments ? whig . few know what the common law is : coke says , it is founded in the immutable law and light of nature , agreeable to the law of god , requiring order , government , subjection and protection ; containing ancient usages , warranted by holy scripture , and because it is generally given to all , king and people , poor and rich , lords and commons , it is therefore called common . now ( consider ) that never any king of england had any prerogative , but what the common-law or statute-law gives them , nor any liberty or priviledge but by law : the prerogative is a royal priviledge ( privilegio ( quasi ) privatae leges ) priviledges are private laws , which always yields to the common-law , common-weal , and common-benefit : the king has no priviledge or prerogative contrary to the publick-weal , order , government and protection of the people : apply this , to the question in hand concerning holding or dissolving of parliaments . and therefore in the mirror of justice , a book so commended by the lord coke , that he saith it contains the whole frame of the ancient common-laws of this realm from the time of king arthur , till near the conquest , citesout of it , one law concerning parliaments , made reg. r. alfred , anno dom. . in these words : le roy alfred ordcigna pur usage perpetuel que a deur foits per lan on plus sovene pur mistier in temps de peace le assembler a londres , put parliementer surle guidement del people de dieu coment gents soy garderent de pegers , viverent in quiet , receiverent droit per certain usages & saints judgments . king alfred ordaineth for an usage perpetual , that twice a year , or oftner if need be , in time of peace , they shall assemble themselves at london , to treat in parliament of the government ( mark that ) of the people of god , how they should keep themselves from offences , should live in quiet , and should receive right by certain laws and holy judgments . tory. right , for standing privy councels , or long standing parliaments , may be pentioners to foraign states , may give councel for their own ends , but a frequent parliament is uncapable of being brib'd , and most improbable to give any advice against the common-weal , common-benefit of king and people . tant . in troth , i am at a loss to find out a reason why any should address and be thankful for dissolving a parliament . whig . and yet your hand was one of the first to an address of like nature ( heark you ) you know when and where . tant . no more of that , i am of another mind now : but what says the lord coke , the laws oracle and apollo , concerning the said statute of king alfred ? whig . he saith , that the threefold end of this great and honourable assembly of estates is there declared . first , that the subjects might be kept from offending , that is , that offences might be prevented , both by good and provident laws , and by the due execution thereof . secondly , that men might live safely and in quiet . thirdly , that all men might receive justice by certain laws and holy judgments , that is , to the end that justice might be the better administred , that questions and defects of law might by the high-court of parliament be planed , reduced to certainty and adjudged , &c. in short , si vetustatem spectes est anquessima , si dignitatem est honoratissima , si jurisdictionem est capacissima : if you regard antiquity , the parliament is the most ancient court ; if dignity , the most honourable ; if jurisdiction , the most soveraign ; and is a part of the frame of the common-law , which is called usually leges anglicae . tant . i thought the parliament had beginning only since magna charta in the reign of hen. . which is not so very ancient . whig . some of your tantivees have said so and writ so ; but it is your ignorance , or worse : king hen. . surnamed beauclark writ to pope pascal , saying , notum habeat sanctitas vestra , quod me vivente ( auxiliante deo ) dignitates & usus regninostri angliae non imminentur , & siego ( quod absit ) in tanto me dejectione ponerem optimates mei & totus angliae populus id nullo modo pateretur : your holiness may please to understand , that as long as i live , ( by the help of god ) the dignities and customs of our realm of england shall never be impared , or diminished ; to which , if i should ( which god forbid ) be so high-base as poorly to condescend , my lords and commons of england would by no means permit the same . judge then how dangerous it is to change the ancient customs and usages of the common law , much less the greatest and most useful of all the rest , frequent and uninterrupted sessions of parliament , without which the liberties and franchises have been and may be taken away remedilesly . by the canon law , children born before marriage solemnized , were legitimate , if matrimony afterwards followed ; which is contrary to our common law : this was william the conqueror's case , who is said to be the son of a — arlot , so notorious that all whores are since called harlots , for her sake , yet william of malmesbury says , that robert duke of normandy ( his reputed father ) did after william was born marry his mother arlot , which did legitimate william by the canon law , but it reaches not england : for in the like case , when the bishops would have ruled it according to the papal decree , omnes comites & barones una voce respondement , quod nolunt leges anglicae mutare ; all the rest of the lords , earls and barons with one voice cryed out — we will not change the laws of england ( accounted ) the wisest laws in the world ; but they must be the weakest and most deficient , if it be arbitrary whether parliaments ( a fundamental constitution ) may or may not have a being ; or only be born to die , namely , only to be called together that they may be dissolv'd : therefore even the late act for holding parliaments once in three years or oftner , if need be , made by that parliament , ( that from the numerous pentioners therein is commonly ( but improperly ) called for distinction the pentioners parliament ) amongst the many precious statutes they made , take care and provide that parliaments shall not only be called , but sit and be held ; or else of what use is this soveraign remedy , if it be not made use of ? it would be a mock-remedy and mock-parliament , if it only be call'd together to be dissolv'd : this would defeat the very letter of the law , as well as the true intent , meaning and benefit thereof . for if a gracious and good king ( as king charles i. is reported to be ) had such horrible oppressions and violence committed in his reign , as loanes , ship-money , illegal seizures of mens estates , liberties , free-quarter , coat and conduct-money , and false imprisonment , during his reign , contrary to law , ( as he acknowledged by after statutes that condemned them : ) if papists were prefer'd to offices of great trust military and civil ; and if his favorite the earl of strafford raised an army of papists , . and ruled by them , committed such hainous enormities and misdeeds that he was not fit to be a puny constable ; and committed such tyrannies and cruelties that no record can parallel : and if no remedy was found to these mischiefs but a parliament , and that not suffered to be for long years together : oh fruitless remedy of a parliament ! oh dull and improvident ancestors ! that were wise above all the world to make good laws for securing our liberties and properties , ( of which they were tenacious to the death ) and yet , that the law , that secures these , should not be able to secure it self , but to grant a prerogative to make all null and void at pleasure ! if such mischiefs happened during the reign of a gracious king , what may not happen , in a reign less gracious ? penelope's webb ( which she weav'd all day and undid ( all again ) at night ) might be a fable , but this the moral of it ; that our laws ( which our wise ancestors had been long contriving to save us from arbitrary sway ) should all be unravell'd again , and leave us by a prerogative ( of which the law is the author ) to meer good will and pleasure . tory. i must needs say , that the law ( which should be wise , holy and good ) would be the strangest law in the world , if it should give a prerogative to destroy it self , and so become felo de se , it s own executioner ; having so carefully fenc'd against arbitrary sway in all ages , and so industriously and zealously too have our ancestors stood up for the same to the last drop of their bloods ; as chusing rather to leave us no lands , charters , priviledges , and fields , rather than akeldama's ( as one calls them ) fields of blood , and such as we must ( like them ) be forc'd to fight for their defence and our own , against arbitrary projects . whig . there needs no fighting for them , if we make the good old laws the arbitrator of the good old cause : for the law alone gives the king his due , and his subjects their due ; but , because men naturally encline to do what they list without controul , wonder not , if even the best of kings , ( surrounded with so many parasites and pimping sycophants ) have been tempted to rule and do ( as he list , ) without check-mate of bishops and knights , and lords in parliament . tant . why ? has parliaments then been as old a constitution as kings of england ? whig . yes , for ought can be known to the contrary : the said famous old book ( the said mirrour of justice ) shows ; that parliaments were before a single king ruled england ; namely , during the heptarchy , when there were seven kings ( rather than fail ) to rule england . tant . i shall never have enow of kings , i do so love them . whig . ay , but seven kings were accounted more than enough ; and after the heptarchy , when the king of the west-saxons , ( namely cornwall , devonshire , dor setshire , sommer setshire , wiltshire , hampshire and barkshire ) had swallowed up all the rest , parliaments still were , or senates ( as , long before this , during the reign of the senate and caesars of rome here in england . ) so also ( after egbert ) when the bishop of winchester ( ethelwolph his eldest son ) with much ado , was perswaded to leave his bishoprick and a religious life , for a kingdom , after he had purchas'd a pardon from the pope , for breaking his religious vow . and , yet he had much ado to keep his crown upon his head for breaking but one poor law ; for , if he had not ( by death ) timely death , cheated his lords , they had certainly depos'd him , for placing his queen in a chair of state ; which was ( then ) contrary to law , made ever since queen ethelburg by chance poison'd her husband king birthrick , by a venemous potion which ( she said at least ) she had prepared for another ; but , being a handsome whore , she fled into france , 'till by frequent adulteries , she died . miserably , and like a rotten whore , and for her sake , the west-saxons ordained ( whence , note , they were law-makers in these days ) a law , that no kings wife should hereafter have the title or majesty of a queen , which law ( as aforesaid ) king ethelwolph being so bold as to dispense with , and break , the lords would certainly have depos'd him , but that his grave prevented them . tant . then ( belike ) it was not safe for kings to break laws in those days . whig . judge you , and long after , stout king edward i. told the bishops plainly , that he could not ( being but one member of the body , though the head ) undo what the whole body had done and enacted , as is before remembred . tant . you are full of your old storyes to maintain your whiggism . whig . i invent none ; i write nothing but what i have authentick histories and records to vouch , and attest the truth : and thus parliaments continued in the short reign of ethelbald , successor to his fathers crown and bed ; for , to his eternal shame , he married ( judith ) his fathers widdow : so also in the reigns of ethelbert , ethelred , and alfred , the four sons of ethelwolph , who successively reigned one after another ; which alfred , was as learned as valiant , and first founded the university of oxford , ( one of the oldest universities in the world. ) tant . i thought universities had been as old as christianity : what could christianity and the ministry continue in the world nine hundred years , in its greatest splendor , without an university and an academian ? whig . yea , so it seems , without either oxford-scholar , bloxford-schollar , or cantabrigian : alas , alas ! universities were ( at first ) the pope's invention ; so also were school-men , school-divinity and canon-laws , with which he has so defac'd christianity , with his painting , glazings , glossings , comments , arguments , syllogismes , fallacies , fripperies , and metaphysical-fopperies , that schollars are forc'd to fool away a great deal of time , in cracking these insipid shells and outward rindes , ( that their teeth are broke , and worn out ) before they come to taste true , and solid learning or christianity ; nay , the majority never come at the kernel and marrow of true divinity and useful learning during their whole life ; not much unlike that popish doctor , that had been nine years doctor of divinity before he saw a bible . tant . doctor subtilis , i 'le warrant . tory. prythee , parson ! do not thus interrupt mr. whigg , with your impertinent parenthesis : go on whigg ! whig . to serve you , tory , i will ; and will let you know , that there were parliaments to which knights and burgesses were summon'd , after the heptarchy , in the reigns aforesaid , and the reigns of alfred's sons , king edward as stout a man as his father , not so book-learn'd , but more successful ; through the help of his sister , madam elfled , the wife of ethelred earl of mereia , to whom , when she had brought him one daughter with grievous pains in her travel , she turn'd souldier and virago , helping her brother most manfully against the welsh and danes , and brought them all under her , refusing the nuptial bed of her husband , saying , it was a floolish pleasure , that brought with it so excessive pains . tant . few of our women ( now a dayes ) are of her mind , they 'l venture again and again . tory. this parson is always interrupting us with his idle notes , commentaries , and observations : proceed , ( good mr. whigg ) there is some profit and understanding to be learn'd by you : parson ! hold your tongue , if it be possible for a prating circingle to leave his impertinence in company . whig . this old fundamental frame continued in the reigns of athelstone , edgar , ethelred , canutus , harold , william the conqueror , &c. so that parliaments are part of the frame of the common-law , which no kings can defeat , frustrate or make void ; nor did ever any attempt the same , but it proved fatal to him ; nay , proved to be his ruine : witness all the unhappy reigns , and violent deaths of english kings that have broke loose , and made rapes and violent attempts upon the known , chast , and sacred laws of england ; the common-law to king and people , fram'd in the law and light of nature , right reason , and holy-writ . secondly , according to the said law made in the reign of king alfred , parliaments are to sit frequently ( right and good reason : ) i do not say , as often as you take physick , ( spring and fall at least ; ) but however so often as the noxious humours abound ( above the boundaries , banks and limits of the law ) and offend our liberties , charters , rights and properties . thirdly , by the said law the place of meeting then was london . tant . perhaps westminster and the banquetting-house were not then built . tory. thou happens to be in the right on 't , ( parson ! ) for once . whig . parliaments then being so ancient , ( no court so ancient ) the lord coke having trac'd them from the brittains , saxons , danes , normans , to our days , i wonder what tantivees dares ( as sybthorp and bishop manwaring , &c. ) attempt thus to divide , separate and make null and void , two of the three estates of this realm , the lords and commons ; to leave us but one estate , ( a king ) in use , and de facto ; whilst the the other two , the great and main body have no subsistance , but de jure ; stand useless and for nothing , years together , and always when there is most need of them too . if ever any head liv'd well without the body , give me but one instance . tant . this makes me think of the fable , when the head and hand joyn'd together to pull the gutts out ; for ( quoth the head ) i plod for all ; and we ( quoth toryhands and feet ) have fought and wrought for the head as it annuated and directed , and yet the ( whiggish ) gutts devour all the good victuals ; wherefore it was agreed , with joynt-forces to tear the gutts a pieces ; little considering , that both hand and head live and are nourish'd and grow fat and fresh and well-liking by the assistance , of the trading part , the whiggish-gutts , to whom we grutch that they have a being and subsistance , though by them we live and grow fat , and if we offer to tear them apieces , and their ancient priviledges , charters and franchises ; who knows but it may prove our own ruine ? tory. here 's a wise tale of a tub ; more fit for a tub-preacher than a tantivee . whig . nay , for that there shall be no quarrel ; for tantivee at an idle-pulpit metaphor , or far-fetch'd similitude , shall match the best tub-preacher of them all ; whilst tantivee is pay'd for some as idle stories , as poor tub is fined and punish'd for . tory. some men had better steal a horse , than others to look over the hedge : you have told us what the common-law sayes for parliaments , frequent parliaments ; parliaments that sit , and must be held , not mock-parliaments , ( made like penelope's-web only to be vnravell'd and dissolv'd . ) but what says the statute-law to this point . whig . i have not done yet with my common-law . tory. proceed then , but be brief . whig . the ancient treatise ( called modus tenendi parliamentum ) which lord coke says was rehearsed and declared before william the conqueror , and by him approved , and accordingly he held a parliament for england , ( as appears edw. . fol. . ) wherein we read , that petitions being truly prefer'd , have been answered by the law and custom of parliament , before the end of parliament . tant . but suppose the king will end it before the petitions and grievances be redrest , by his prerogative . whig . parson ! thou makes suppositions most dishonourable to loyal majesty , and that which is scarce to be suppos'd , that ever any head should not permit any remedy to be applyed to the gouty or distempered hands , gutts and feet : for if the hands be lame , how will the politick-head help it self ? or if the gutts be empty , or gutifounder'd , how will head feed its self : and if the feet be lame , and the heart faint , the head will make wise-fighting , ( i believe , ) when it comes too : therefore , i cannot imagine a head to be so senseless , ( except the brains be out ) that should have such an vnnatural , cruel , stupid and foolish project in the nodle of it , as neither to help the oppressed gutts and hands or feet ; nor yet permit the charity and good will of others that are both willing and able to ease , remedy and redress the griefs and grievances of the body ; and all this , without a fee. tant . if you apply this to parliament redressing grievances without a fee , you do not mean , a pentioners parliament , i hope . tory. no , no , such physitians ( are payed as many others ) they got fees to hasten us the sooner to our graves . whig . but the true-english-parliament can never be a long-parliament , nor can the intervals of parliament be long ; nor yet , the sessions of parliament can be short : for , modus tenendi , saith , that the parliament ought not to be ended while any petition dependeth vndiscussed , ( and so say the statutes too , as i 'le shew anon irrefragably ) or at least , to which a determinate answer is not made , rot. par. ed. . no. . ed. . no. . ed. . no. . rich. . . rich. . no. . hen. . . hen. . no. . and . and that one of the principal ends of calling parliaments , is for redressing of grievances that dayly happen ; ( of which the king cannot possibly be inform'd so truly as by parliaments ) that parler le ments speak their minds freely , without glozing and flattery ; for kings seldom hear truth but in parliament ; that it is one of the greatest wonders in the world , that kings ( of all others ) should not most of all desire frequent parliamens , wherein ( of all other places ) he sits in most majesty and king-like , as gloriously , as powerfully ; but , those kings ( that have been enemies to parliaments , and to frequent parliaments ) have been at poor as ever they could creep , for go they could not , in state , and king-like ; but were glad to make poor and beggarly and illegal shifts and all to preserve a company of sneaking sycophants that care not how bare and beggarly the king's exchequer be , so they may but live impune , to pull him more bare and bald , when there 's scarce a hair left ; knowing that they must be fleec'd too , if a parliament sir ; and also must disgorge the ill gotten goods they have gourmandiz'd so greedily and illegally swallowed up , and they are afraid , they shall be choak'd when they are forc'd ( by the wise physitians ) to spue it up . tory. but if frequent parliaments ( to fit so long till all petitions be answered and grievances be redress'd ) be secured by common-law and statute-law : how came king charles i. in open parliament , ( more than in one parliament ) in a kind of threatning way to tell the parliaments , and bid them remember , that the calling , adjourning , prorogueing , holding and dissolving , was wholly in his power . whig . so it is in his power , that is , he alone can do it , as many other kingly acts ; indicting men for felony , treason , &c. it cannot be done but in the kings name , you cannot arrest a man for debt that is owing to you , but in the kings name : but still they are things in course , and directed by the law. besides , when king charles i. had such principles whisper'd into his head , he was but young ; he liv'd to be wiser before his latter end , and to know the truth of what his wise father had told him and his parliaments very often : that as the head is ordained for the body , and not the body for the head ; so must a righteous king know himself to be ordain'd for his people , and not his people for him : wherefore , i will never be asham'd to confess it my principal to be the great servant of the common-wealth , &c. tory. ay , but we toryes are not of king james 's mind , but quite contrary . whig . right , therefore you are most rightly called tories , meer irish-bogg-trotters , and slaves that would be , more like than englishmen ; because you are slaves to your lusts of avarice and ambition ; to gratifie which , you will gratifie any other mans ambition , to advance your own ; and as they say , lick up other mens spitle ( poor currs ) in hopes that others will lick up yours . tory. ay , thouart a hopeful whigg ; such a tom-tell-truth i do not like . whig . i know thou dost not ; thou likest flatteries and leasings better by half , old tory-boy . tory. well , but tell me true , what authority have you to assert ( as you have already ) that the principal ends of calling parliaments is for redressing grievances that dayly happen . whig . for this , consult edw. . c. . edw. . c. . edw. . no. . hen. . no. . tant . i cannot think that this same king alfred that was so wise a man , so great a schollar , a prosperous king , and a valiant , should so humble himself to the laws . whig . therefore you think like ( as you are ) a tantivee and a cockscomb : for andrew horne tells us ( in his mirrour of justice ) that king alfred made bold to hang judge darling , seynor , cadwine , cole , and fourty judges more . tant . for what ? judges hang other men , but do not use themselves to be hang'd . whig . no , they do not make a common practice of it , though they have often had it , and more often deserved it ; but when they meet with some just kings , they also meet with their deserts , ( some of them ) a halter . tant . fourty judges , ( do you say ) did they hang together ? whig . yea , only for judging contrary to law ? tant . nay , if judges will hang men for acting contrary to law , i am of opinion , that they that by their office , their place , their wisdom , their experience , and their oath , should act according to law , i would halter them my self , ( though it is unseemly for my coat , ) if such wretches act contrary to law. whig . when we have an occasion for a tantivee hangman , we 'l send for you ( parson ) for want of a better . tant . i am your tres humble when occasion serves . whig . in edward d. time , poor thorp , lord chief justice , went to pot , in plain english , he was hang'd . tant . i am your tres humble when occasion serves . whig . in edward d. time , poor thorp , lord chief justice , went to pot , in plain english , he was hang'd . tant . for what ? for receiving a bribe of the embassador ? whig . no , he was not so great a rogue : he was only hang'd for receiving the bribe of l in obstruction of justice . tant . poor fellow ! he had hard fortune : i can tell you in history , of a man , that received fifty times as much , in obstruction of justice , and yet the gallows did not claim its due . whig . ay , ay , some men are born with their a — upwards ; but there 's a time for all things ; and a day of judgement a coming . tant . ay , but when ? canst tell ? whig . yes , even when it pleases god. tant . and the king , you should have said . whig . that 's needless , for what pleases god , must please all the kings in the world : the wisdom and the politicks of the wisest men is foolishness with god : what head had more brains in it than strafford ? that out of self-interest and preservation dislik'd coming to parliament , whom ( he knew in his conscience ) he had offended ; and both he and the archbishop laud , fenc'd off the parliaments sitting so long till — at length they themselves had judgment without mercy , for involving the kingdoms by their arbitrary projects ; and countenancing and advancing popish-books , popish-authors , papists and popishly inclin'd , &c. tant . but was it true , that strafford rul'd ireland with an army , and most of that army papists ? whig . yes , popery and arbitrary government are like fire and heat ; the latter is the necessary consequence of the former : lord of strafford had . souldiers of his standing guards ; of which . were profest papists , and the other . were well-affected to the tory cause , they were true-blew ; and whilst he decreed and ordered mens estates and lives away at the council board , thereby ( as it was articled and alleadged against him ) breaking the kings oath : which made the poor earl at last stile himself , the accursed thing , or the achau that had troubled israel , with the babilonish garments of popery , and the accursed wedges of gold , by arbitrary taxes , decrees , loanes , monopolies , false imprisonments ; nay , sentencing to death some , ( as the lord mount-norris ) and executing others , taking from him his inheritance of his mannor , and tymore in the county of armagh ; so also thomas lord dillon was outed ( by the good will and pleasure of this great lord ) of and from his lands in mago and rosecommen , so also dame mary hibbots in favour of thomas hibbots , who shortly after conveyed the same to sir robert meredith , to the use of the said earl of strafford . tant . i commend him ; he had wit enough to get somewhat , and gather to himself ; which some tyrants do not . whig . i know not , what he got over the devils back was spent under his belly ; as we say , male parta male dilabuntur , for he died poor and in debt : the curse of god followes the oppressor and his house ; so true is that of the prophet — wo to him that increaseth that which is not his , and to him that ladeth himself with thick-clay ; shall they not rise up suddenly that shall bite thee , &c. wo to him that coveteth an evil covetousness to his house , that he may set his nest on high , &c. thou hast consulted shame to thy house , &c. for the stone shall cry out of the wall , and the beam out of the timber shall bear witness : wo unto him that buildeth a town with blood , and stablisheth a city by iniquity . tory , ay , poor gentleman , the earl of strafford was made a woful example of an evil councellor and an oppressor : the sense of his guilt made him submit to his death the more patiently . whig . yea , he desired to die , seem'd weary of his life , a wounded conscience who can bear ? prosperity may a while muzle the mouth of conscience ; but a prospect of death and affliction unmuzles the mastisse . tory. the earl confest — he had received nothing but justice ; and that the death of the bad , ( he ingenuously confess'd with cicero ) was the safety of the good that be alive ; and bid — no man trust either in the favour of his prince , the friendship and consanguinity of his peers , much less in his own wisdom , of which ( he confess'd ) he had been too confident , saying , as once cardinal woolsey did , had i strived to obey my god as faithfully , as i sought to honour my king fraudulently , i had stood and not fallen . and for his peers , thanking them for that free and legal tryal they gave him , and though they detested the fault , yet they pitied the delinquent : saying , my lords , i am now the hopeless president ( of an ambitious , covetous , evil councellor , before spoken of ) may i be to you all a happy example : for ambition devoureth gold , and drinketh blood , and climbeth so high by other mens heads , that at length in the fall it breaketh its own neck . whig . yet men will tread the very same steps , of the same evil way , till they come to the same evil end . tory. it is impossible it should be otherwise , whilst they are slaves to their lusts , ambition and avarice ; and therefore said that vnfortunately fortunate earl , o! how small a proportion of earth will contain my body , when my high mind could not be confined within the spacious compass of two kingdoms ? but my hour draweth on . whig . he had not thus died before his time for being over wicked , but that he ( in his career of prosperity ) fear'd no colours , nor would hear any good councel , breathing nothing but daggers to the naked-truth . tory. ay , pride will not be controul'd nor told of its faults ; it is deaf to all good warning , and open-ear'd as well as open-hearted to sycophants , that will ruine all . whig . let them alone , let the blind lead the blind ; till they fall ( as others ) into the same ditch : for they 'l never take warning , never be good , till they can be no longer bad . tory. indeed archb — laud , that came to the same end with strafford , went on in the same road : and when they could not perswade the parliament to give supply ' till-grievances were address'd , he ( in his wise synod ) when the parliament was dissolv'd , ordains the clergy to pay six subsidies , on pain of excommunication , and a worse turn , deprivation ; men wondred at their impudence as well as folly ; they were grown very high . whig . a synod called together upon pretence of reconciling and setling controversies and matters in religion , to take upon them the boldness thus out of parliament , to grant subsidies , and to medle with mens freeholds : i dare say , the like was never heard of before ; and they , that durst do this , will do worse , if the current of their raging tyranny be not stopped in time ; said mr. harbotle grimstone in the parliament anno . who are they ( mr. speaker ) that have countenanc'd and cherish'd popery and arminianism to that growth and height it is now come to , in this kingdom ? who are they ( mr. speaker ) that have given encouragement to those that have boldly preached those damnable heresies in our pulpits ? who are they ( mr. speaker ) that have given authority and license to them that have published those heresies in print . who are they ( mr. speaker ) that of late have been advanced to any dignity or preferment in the church , but such as have been notoriously suspitious in their disciplines , corrupt in their doctrines , and for the most part vitious in their lives ? tory. ay , ay , the skum will be uppermost , if possible . whig . god forbid tho' , that only the clergy , or ( much worse ) only the dignified clergy , should be accounted the church of england . tant . why not ? for the church of england confesseth that she may err ; and if the clergy , nay , the dignified clergy ( in convocation too ) have not erred wretchedly , they have had hard censures and hard measure . whig . they cared not for censures , some of them , if they can keep l per annum , and may censure , sentence , excommunicate , curse , and consequently goal them that stop their carreer . but sir harbotle grimstone went on , in his said speech , saying , who are they ( mr. speaker ) that have overthrown our two great charters , magna charta , and charta de foresta ? what imposition hath been laid down , or what monopoly hath heen damned in any court of justice since the last parliament ? hath not ship-money , coat and conduct-money , and money for other military charges been collected and levied , with as great violence as ever they were , in violation of our liberties , confirmed unto us in our petition of right , notwithstanding all our supplications and complaints the last parliament ? and who are they ( mr. speaker ) that have caused all those dangerous convulsions , and all the desperate unnatural bloody distempers , that are now in our body politique ? tant . i could have told the master of the rolls their names , and who they were , at least , old hodge , the fidler tells us their names in — . . viz. the puritans , the roundheads , the whiggs . whig . then mr. grimstone was mistaken , for he proceeded , saying , mr. speaker , i will tell you a passage i heard from a judge in the kings bench. there was a poor man committed by the lords , for refusing to submit unto a project , and haing attended a long time at the kings bench barr , upon his habeas corpus , and at the last pressing earnestly to be bailed , the judge said to the rest of his brethren — tant . well said , let us hear the judges opinion . whig . come brothers ( said he ) let us bail him , for they begin to say in the town , that the judges have overthrown the law , and the bishops the gospel . tory. i do not like that innuendo , and upon the bench too , and in — — . too : trusly roger layes the blame of the commotions ( when all things were out of order and law , and you hear , by whom ) on the whiggs , the whiggs put all in combustion . whig . nero ( chronicles say ) set rome on fire and laid the blame upon the christians . tant . what then ? how do you apply it , let us hear the application . whig . i make no applications , except like your self , far from the matter in hand , catch-pole ! you would ensnare me , would you ? god bless me from a tantivee-swearer , when his interest lyes at stake ; we know it experimentally , men of your coat can swear thorow-stitch . tant . we know our interest , which is spiritual , and in a spiritual way , we can do pretty well , or , by the way of oathes , which are spiritual and religious things . whig . ay , i herein will take your word ( as i do that of stretching travellers ) i had rather trust you , than make tryal ; god bless me from you , you are home-thrusters , when a cause is at pinch ; or , ( like a ship in a storm ) lyes at try. tant . some fear us , that do not love us . whig . ay , all of you are terrible men , and men of reverence ( sir ) and some of you , worthy to be belov'd a little : so sir harbotle acknowledged , ( in the said speech ) viz. mr. speaker , i would not be misunderstood in what i have said ; for there are some of both functions and professions that i highly honour and reverence in my heart , for their wisdoms and integrities . tory. ay , or else it is a pity but they should be advanc'd , if there be not some wor thy persons , and some integrities among them . whig . yet , the good patriot goes on , speaking feelingly , viz. but ( mr. speaker ) i may say it , for i am sure we have all felt it , that there are some of both functions and professions that have been the authors and causers — tant . — of what ? of law and gospel ? whig . no , of all the miseries , ruines and calamities that are now upon us mr. speaker , this is the age ( mr. speaker ) that hath produced and brought forth , achitophels , hammans , woolseyes , empsons and dedleyes , tricilians and belknapes , vipers and monsters of all sorts . tant . we use to lay the cause of all our civil wars at the doors of the puritans , roundheads or whiggs . whig . ay , you know no more than just what oliver 's fidler and nat. thompson discover to you : are you not asham'd to berul'd , and taught ethicks and politicks , from the pillory , the mass , and the stews ; poor tories and tantivees , i blush she you . tant . but why do you so often make astrismes and remarks of popular fury against the grand favorites ? whig . our own memories can sufficiently enform us of the tragical events that attend the peoples odium , indignation and wrath. dr. lamb ( for no other fault but ( taken on suspition ) for an intimado and friend to the duke of buckingham ) was pull'd in pieces by the mobile and rable ; and verses presently drop'd about the streets threatning the like fate to the duke : this dystich for one , let charles and george do what they can , the duke shall dic like doctor lamb. and he that stab'd the duke , was rather bewail'd and canoniz'd , then execrated by the populace ; what devils incarnate did the people prove to the two de witts in holland , not long ago ? the examples of popular hatred and revenge ( i call it not always justice , because irregular at best ) are infinite in our own and foraign countries : what need i tell of the sicilian vespers ? mastnello's ten days revenge occasioned by the gabell's or excise , and yet , it was established by law , as hearth-money ( amongst us ) and excise ( amongst us ) and in holland and other countries ? tant . i perceive by the story that , of all men living , favorites , grand minions ( whom all men envy ) have had the worst luck . whig . to go no further back than king edward . how miserably were gaviston and the two spencers , tom and dismembred , limb from limb ? tory. ay , so was lord william scroop , earl of wiltshire , and lord treasurer , and sir john bushy , bagot , and the two green's , ( thomas and henry ) in richard . time ? whig . and so ended the duke of somerset and suffolk in henry . time . tant . these were three easie kings ? whig . but what was henry . then ? and what fate had woolsey ? tory. or the duke of somerset and his brother the admiral , both of them vncles to the king ? in edward . reign ? whig . or duke of buckingham , earl of strafford , archbishop laud in charles i. time ? or earl of clarendon in his present majesties reign , ( which god long preserve . ) tant . the earl of clarendon came off ; or , rather he march'd off ; ( if you please ) and well he could . whig . well then , god send me a moderate fortune , and a quiet conscience , a soul not stuff'd with flattery or non-sense ; nor , with much business , too uneasie made , nor of a curtain-lecture much afraid , but , at a thunder-bolt , stands undismay'd ; with brow unwrinkled , feet without the gout ; let hero's plod and heave each other out : and strive to be mark'd out the peoples hate , bustling who first shall feel the wonted fate ; and justle for the bench , and noisy-bar : we shrubs are lower but far happier . i 'le conclude with an old story : cambyses king of persia was a man naturally inclin'd to goodness , but spoil'd by sycophants , and drill'd on to absolute tyranny by whores and sycophants , that led him by the nose ; and then for lust , he was not only insatiable , but wildly extravagant ; scarce any wench of his own kingdom would serve his wanton squeamish old appetite , and yet he had ( of his own subjects ) whores in abundance , that were as willing as heart could wish , and would have been glad of the preferment to be a royal whore ( for besides the pleasent sin , there was money and a title of honour too perhaps in the case : ) but nothing would serve cambyses , but to make his own sister his miss ; and not only so , but he could have been tempt'd and could find in his heart to make her his wife , ( if he durst for the laws ) whereupon to satisfy the laws and his lust together , he made a privy-council-business of it , and consulted them and the lawyers , whether he might no. marry his sister lawfully ? they answered , that they knew no law which admitted such marriages , but that there was a prerogative , that the persian kings might do what they listed . tant . the prerogative ( then ) is a very hapy commodity ( these ) and a help ( it seems ) to get such a commodity as is not allowed to the poor , nor to the wicked , neither by the law of god nor man : but tell us more concerning our kings prerogative in reference to parliaments ? whig . not now however , for i understand your drift , ( mr. catch-pole ! ) but i am not very ambitious of being a state-martyr ; i find cold comfort in it ( in a thankless , unthinking and degenerate age ) besides , ( mr. tantivee ! ) you can swear with a witness , and either strain my words , or you 'l stretch your conscience , and it is a cheverill-conscience already , we know it by woful experience . tant . but ( now that ) mr. tory is absent , there cannot ( you know ) be two stretching witnesses , speak bold truths , and tell us why the parliament did lay to the charge of king charles i. the granting passes under his own hand to several of his servants and knights to go over into ireland , signed c. r. and serve and assist the irish rebels that cut the protestants throats , and also sent to the duke of ormond to make peace with them , and to promise them toleration , and a deputy of their own chusing , who they would , and agreed that they should come over for england , and what to do , tell us some of these mysteries ; and how , and why the pope sent them a plenary indulgence for the merit of butchering the protestants . whig . a vaunt ! thou tempter ! how darest thou ( pittiful tantivee ! ) grow thus insolent and troublesome here ? may i not be master of mine own , nor quiet in my own house for these beggarly and cowardly tories and tantivees ? boy ! bring me hither my old fox again ; i 'le once more wear it by my side , rather than thus be pester'd and disturb'd with slaves , that cannot look in a glass , but they must see in their foreheads those scarrs , which are the witnesses as well as trophyes of whiggish valour and his vnconquered sword ? tory has had a soft place in his head ever since . tant . dear whigg ! pry'thee , a few more of your perillous truths . whig . not now , i profess , you grow trouble some : have you no more wit ? do you know who you speak to , catchpole ! begone , i say , ha ? finis . london , printed for e. smith at the elephant and castle in cornhil , near the royal exchange , anno dom. . notes, typically marginal, from the original text notes for div a -e . car. . whiggisme before in p. . chron. baker . p. . walsingham , h●st . angl. p. . y●●ligm . n●●str p. . h●n . de knighton . de event . angl. . l. cap. . col . . baker chron. p. . chron. baker . bak. chron. p. . anno . edw. . chron. bak. . anno . edw. . hen. de knighton . de event . angl. l. . c. . to . h. knighton , ibid. car. . car. . . . isa . . . mic. . , . ezek. . . & . . eccles . . . . car. . car. . edw. . edw. . bak. chron. p. . augustin . cont . manich . l. . cap. . lud. viv. institut . fem. christ . lib. . . car. . . rushw . col. part . . rushw . part . . † k. edw. . bak-chron . . bak. chron. . anno ● . anno . . ru●w . . rushw . col . anno c●●● . car. . bracton comm. p. . plowd . comm. p. . bracton lib. . c. . fol. . dated may . . may . , car. . commentar . of guilme jeremie , anno . coke lib. . rep. p. , . lib. . preface . mirror of justice , ch . . sect. . lord coke 's comment upon it . chart. hem. . vid. decret . greg. . fol. . col. . will. maim . lib. . c. . hon. , . see the articles of impeachment against strafftord . mirrour of justice . egbert anno . pope gregory th . baker's chron. ann. dem. fox acts and monuments . mirrour of justice . coke instit . . r. p. . king james 's speeches in parliaments anno . and . horne 's mirr . of justice . anno . habak . . , , , , , , . his speech in the tower. his speech in the tower. sir harbotle grimston 's speech in parliament . the character of a happy man. rawleigh ' s history of the world , lib. . anno. . mr. glyn, his speech in parliament, vpon the reading of the accusation of the house of commons against mr. herbert the kings attorney, for advising and drawing the accusation of high treason against the six worthy members of the house of commons. february . an. dom. glynne, john, sir, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing g thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) mr. glyn, his speech in parliament, vpon the reading of the accusation of the house of commons against mr. herbert the kings attorney, for advising and drawing the accusation of high treason against the six worthy members of the house of commons. february . an. dom. glynne, john, sir, - . [ ] p. printed for iohn hammond, london : . reproduction of the original in the british library. eng herbert, edward, ?- . england and wales. -- parliament. -- house of commons. speeches, addresses, etc., english -- early works to . treason -- england -- early works to . great britain -- politics and government -- - -- sources -- early works to . a r (thomason e _ ). civilwar no mr. glyn, his speech in parliament,: vpon the reading of the accusation of the house of commons against mr. herbert the kings attorney, for glynne, john, sir c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion mr. glyn , his speech in parliament , vpon the reading of the accusation of the house of commons against mr. herbert the kings attorney , for advising and drawing the accusation of high treason against the six worthy members of the house of commons . february . an. dom. . london , printed for iohn hammond . . mr. glyn , his speech in parliament : vpon the reading the accusation of the house of commons , against mr. herbert , the kings attorney , for advising , and drawing the accusation of high treason against the . worthy members of the house of commons . february the eighteenth , an. dom. . mr. speaker , the subtilty and policy of man corrupted , and for evill actions , in danger of punishment , is alwayes working , although by the destruction of the vertuous and innocent , to free and cleere himselfe ; the actions and indeavors of the good man and the bad are alwayes opposite , the good man practiseth to defend vertue and piety , bring to deserved punishment , the vitious and malignant , out of duty to god , his king and country . the wicked man strives to defend himselfe and vices to the dishonour of god , the destruction of his true religion , of his king and country , if opposite to his designes ; we have had the experience of the evils and great troubles that have beene raised in this state , by ill instruments , men of power and authority in the same ; and not onely of open and publicke misdoers , but of private disaffected spirits , whose outward carriage hath procured to themselves great esteeme and respect in their countrey ; hay , so well have they been approved of , that their countrey hath intrusted them with their estates and priviledges , as electing them members of this high court of parliament , wherein also for a long time they have discharged their duties to their king and countrey ; nay , and obtained the generall estimation and respect of all men , as worthy members of the common-wealth ; but their hearts agreeing not with their outward carriage , being not upright and perfect , have at last shewed themselves in their owne colours , and brought to themselves shame and dishonour . this gentleman now accused by this honourable house , had the honour to be a member of the parliament , and so well esteemed by his maiesty , that hee was entertained his atturney generall ; which had he beene contented withall , and not been ambitious or malicious , which of the two i am not able to distinguish was his errour , or whether he is guilty of both : however , it is cleare , his heart was not right in discharging his duty in that great place committed to him ; and as hee was a member of the parliament , had he been faithfull to his king and countrey , he would never have undertaken this enterprise , to presume to advise his maiesty to accuse the members of this house of high treason , and draw himselfe their accusation . mr. speaker , his offence is of a high nature , of dangerous consequence , a manifest breach of the priviledges of parliament , an apparant treachery against the persons of those worthy members ; and consequently an offence against the whol state , deserving great punishment for the same . by this he hath made himselfe guilty of the same misdemeanours that other delinquents are impeached and accused for , not inferiour to them in this crime . this his practice and designe was a great offence against his sacred maiesty himself , in seeking to worke an evill opinion in his maiesty of his parliament , and their proceedings in the great affaires both of church , and state . this discouraged and dis-heartned the parliament to proceed in any businesse for the good and honour of their king and countrey , when they perceive that all their endeavours and dutifull actions are not well accepted by his maiesty , but ill thought of . this might prove a cause to alienate the hearts of king and people one from another . this hath caused all the trouble and distraction in this state , ill counsell . mr. speaker , i humbly desire that this accusation may be perfected , and that we may proceed to voting him upon the same , as by this honorable house hee shall be found guilty , and with all convenient expedition that may be presented to the lords , and that hee may proceed with cheerfulnesse to settle all disorders in this kingdome , both in church and state , redresse all grievances of his maiesties good subiects , expedite our indeavors for a timely reliefe of ireland , and bring all delinquents in this common ▪ wealth to deserved punishment for their many misdemeanors , and dangerous crime by them committed , and the establishing such a forme of government , and dicipline ecclesiasticall , in the church , for the true worshipping of god , as may be agreeable to his word and verity . finis . an essay concerning the laws of nations, and the rights of soveraigns with an account of what was said at the council-board by the civilians upon the question, whether their majesties subjects taken at sea acting by the late king's commission, might not be looked on as pirates? : with reflections upon the arguments of sir t.p. and dr. ol / by mat. tindall ... tindal, matthew, ?- . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing t estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) an essay concerning the laws of nations, and the rights of soveraigns with an account of what was said at the council-board by the civilians upon the question, whether their majesties subjects taken at sea acting by the late king's commission, might not be looked on as pirates? : with reflections upon the arguments of sir t.p. and dr. ol / by mat. tindall ... tindal, matthew, ?- . [ ], p. printed for richard baldwin ..., london : . reproduction of original in huntington library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- royal navy. great britain -- politics and government -- - . - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - andrew kuster sampled and proofread - andrew kuster text and markup reviewed and edited - pfs batch review (qc) and xml conversion an essay concerning the laws of nations , and the rights of soveraigns . with an account of what was said at the council-board by the civilians upon the question , whether their majesties subjects taken at sea acting by the late king's commission , might not be looked on as pirates ? with reflections upon the arguments of sir t. p. and dr. ol. by mat. tindall , doctor of laws . london , printed for richard baldwin near the oxford-arms in warwick-lane , . an essay concerning the laws of nations , and the rights of soveraigns . the malice of the jacobites is so restless , that it omits no opportunity to raise stories , though never so false and improbable ; scruples at no means , tho never so base and dishonourable , to reflect upon and expose the government . what have they not said against it , for designing to try as pirates those who accepted commissions from the late king , to take the ships and goods of their majesties liege subjects ? so strangely afraid are they , that people should be discouraged from disturbing the trade and commerce of the nation . and to make what they report the more colourable , and the injustice of trying them ( contrary , as they say , to the known laws of nations ) apparent , they have every where dispersed false accounts of what was said by those civilians , who , when consulted by the privy council upon this question , whether their majesties subjects taken at sea , acting by the late king's commission , might not be looked on as pirates ? were of opinion , that by the laws of nations they ought to be so . whose reasons ( besides all the dirt imaginable that they have thrown on their persons ) they have so represented , by altering , or leaving out what was most material , as to make them appear ridiculous . the duty i owe to the publick , since no better pen has attempted it , will oblige me to give an impartial account of the whole proceeding ; which will be sufficient to wipe off all the lies and calumnies they have dispersed , and to perswade all impartial persons , that those who were taken acting by the late king's commission at sea , ought by the law of nations to be condemn'd as pirates . but that the reader may better apprehend and judge of the reasons that were urged on both sides , and of the question it self ; it will be necessary to shew , what the law● of nations are , and how far kings and other supream governours are concerned in them . the laws of nations are certain rules and customs observed by nations in their entercourse with one another ; which upon the account of their evident and common profit , as they are necessary for their maintaining a mutual correspondence , have been constantly practised by them , and are esteemed as sacred . they are built upon no other foundation than the general good of societies , to which a mutual correspondence , that could not be upheld but by observing these rules , is highly necessary . the several legislative powers of nations never enacted such laws ; nor have all other nations authority to oblige any sovereign independent state , which can no otherwise be bound to observe these rules , but as they tend to the mutual good of societies . so that the law of nations and nature , is in effect the same . the law of nature ( i mean that part of it which concerns the duty of man to man ) is nothing else but that mutual aid and assistance , which by reason of their common necessities one man owes to another , without the observance of which mankind could not well subsist . which law , as it respects the duty of single persons to one another , is call'd the law of nature ; but as it respects men collectively as they are bodies politick , and the relation they have to one another as such , is called the law of nations ; who in respect of one another are in the state of nature , and in their mutual correspondence , are bound by no other laws but those of nature . though it is generally affirmed by authors , that there are many things which are meerly positive , and in themselves indifferent , that are part of the law of nations ; yet they no way endeavour to prove it , or pretend to show how long any thing must be practised , or among how many nations , to make it an universal standing law to all nations . in a civil society , customs grow into laws , because it is the will of the supream powers they should . customs are their presumed or unwritten will , which they by their express will may alter as they please . but amongst different nations , there is no common legislative power ; but every nation is at liberty to act as it pleases . nor can any nation be presumed to tie it self up further than their own , or the common good of societies do require it : nor can they by any customs , though of never so long continuance , if they are in their nature indifferent , be any longer bound than they please ; provided they publickly declare , that as they intend not to use them any longer themselves , so they leave others the same liberty . a nation , it is true , ought not lightly to change what they have generally practised , it looks like affecting singularity , and being as it were out of the fashion ; but if they do , they break no law. but i dare be positive , that there is no custom , except what is obligatory by the law of nature , that is universally received ; but in different parts of the world different customs have obtained , and even among the same nations at different times different practices , which are frequently changed , without any violation of the law of nature : and there is nothing meerly positive , but where precedents may be brought on both sides , which sheweth the thing may , or may not be done , without injury to the law of nations . among the heads of the positive law of nations , that concerning ambassadors is reckoned one of the chiefest ; yet what is more different than the customs of nations , or the opinions of learned men about those rights that belong to ambassadors , further than they are deducible from the law of nature ? by which law the persons of ambassadors ought to be inviolable , even when sent to enemies ; because peace could not be made , or preserved , or differences composed , which the law of nature requireth should be done , except those that are sent on such errands , should not only be safe , but also be permitted to treat with freedom , and procure as advantageous terms as they can , for the interest of the nation that imployeth them : what is more than this , or is not necessary for the ends they are sent , any prince may refuse it them , provided he be willing his ambassadors should be treated after the same manner ; and not only to ambassadors of soveraign princes , but to any that are sent by private persons , ( as by merchants upon the account of trade ) if princes will admit them to treat , they must allow them what is necessary in order to it . and further than this , nothing of certainty can be drawn from the practice of nations . nay grotius , who is the great asserter of the positive law of nations , in his chapter de legationum jure , saith , that even this question , whether the persons of ambassadors are inviolable ? cannot be determined by the practice of nations ; de non violandis legatis difficilior est quaestio & variè & a claris hujus seculi ingeniis jactata , &c. and at last concludes , spectandum ergo quousque gentes consenserint , quod ex solis exemplis evinci non potest , extant satis multa in partem utramque recurrendum igitur tum ad sapientum judicia tum ad conjecturas . where nations have neither expresly declared , nor are there examples enough whereon to found their tacit consent , there can be no obligation from the practice of nations , but from the matter it self , as it is conducive to the good of societies ; upon which alone the judgment of wise men , as well as all other conjectures , must be founded . what looks more like the positive law of nations , than that general custom of princes having persons of publick characters perpetually resident in one anothers kingdoms ? yet grotius saith in the foregoing § . optimo autem jure possunt rejici quae nunc in usu sunt legationes assiduae , quibus quam non sit opus docet mos antiquus cui illae ignotae . to give but one instance more , and that too out of grotius , who does not pretend to prove any thing from the voluntary law of nations concerning this most comprehensive question . quantum in bello liceat , but has wholly recourse to the law of nature ; lib. . chap. . quantum in bello liceat regulae generales ex jure naturae . and § . . quid liceat in eos qui hostes non sunt aut dici nolunt , sed hostibus res aliquas subministrant ? nam & olim & nuper acritèr de ea re certatum scimus , alii belli rigorem alii commerciorum libertatem defenderint , &c. and adds , hanc autem quaestionem ad jus naturae ideo retulimus , quia ex historiis nihil comperire potuimus eâ de re jure voluntario gentium esse constitutum . if in these material points , which constitute so great a part of the law of nations , nothing that is meerly positive can be deduced from the tacit consent of nations , it is very unlikely that any thing of that nature can be proved in points of less importance . from each of which points , examples , had it been necessary , might as easily have been produced ? nothing can more diminish from the sacredness of the law of nations , than to allow it no other foundation than the practice of the generality of soveraigns ; who , like other men , are governed by passion , interest , ambition , revenge , and the like ; and who are so far from minding the general good of mankind , that they very often sacrifice the happiness and prosperity of their own nation to these passions . how many things are now looked on as lawful in war , and daily practised , which are against all humanity as well as christianity ; which in former ages were by several nations esteemed a violation of the laws of nations ? there is no subject , about which there are more mistakes , or which is more confusedly handled by authors , than this of the law of nations ; they referring many things to that law , which are no part of it : even grotius himself , who has writ the most accurately on this subject , besides other lesser errors , has a whole chapter de jure sepulturae , as a part of the voluntary law of nations . the burying of the dead is , i confess , an office of humanity , and a matter of decency ; but i can see no reason why it should be reckoned as a part of the voluntary law of nations , more than wearing of clothes , or twenty other things mankind generally do , either out of necessity , or conveniency , or for other reasons than the voluntary law of nations , or upon the account of any tacit agreement between them . several err more grosly , mistaking those privileges which the roman law allowed to foreigners in common with their citizens , for the law of nations , only because the romans call'd them jus gentium , to distinguish them from those particular privileges or advantages the citizens had above them , which they called jus civile : what they called the jus gentium , was as much a part of the law of that nation , as the jus civile ; which no other nation was obliged to observe , but might allow more or less privileges to foreigners or citizens as they thought fit . others ( which mistake is most common ) call that the law of nations , which is the law of nature properly so termed , and relates to particular persons , with respect to one another ; or else they mistake the laws of different c●untries , when they happen to be the same , for a part of the law of nations ; which though they be the same in several nations , yet they have not their force and authority from any tacit compact , but because the supream powers in each society have made them laws , which any one of them may alter without any violation of the laws of nations ; because every nation is a compleat body-politick within it self , and may make what laws , appoint what government or governors , and manage their own affairs within themselves as they think fit . the laws of nations relate to their mutual commerce and correspondence , which cannot be maintained but by having recourse to those who have the power of making peace and war , and all other contracts for the nations they represent ; whose acts are the acts of the whole bodies , and bind the members as much as if each particular person had consented . it is upon the account of the power of making these contracts , that the governors of each society are allowed above all others certain prerogatives by other nations , over whom they have no authority , who are no otherwise or further concerned with them , but as they have the power of making contracts for the nations they rule . as it is for their own interest that private men make bargains with one another , so ( as i have observed in another essay concerning obedience , &c. ) the correspondence that one nation holds with another is for their own good ; and in their commerce with one another , they look no further than who those persons are that have the power of obliging the nation they have occasion to make use of . it is not material to them what right they have to this power ; it is sufficient that the nation then owns them , and have entrusted them with it . it would be an endless , as well as a useless task , for ambassadors before their admission to prove the just rights their masters have to those powers they are possessed of : and other princes may well be ignorant of what does not concern them ; who , if they have occasion to treat with any other nation , must apply themselves to those ( whatever right they have to it ) that are in possession of the government . would it not be ridiculous in the english , or any nation , who propose any advantage to themselves by it , to refuse to treat with the present emperor of the turks , and to allow him those rights that belong to soveraign princes , because his deposed brother may have a better title ? did not the most considerable nations of europe court the friendship of cromwell ; and the french king to obtain it , oblige the two late kings , then in his country , to retire from it , without being condemned by others , or even by them ? and did not all nations with whom the late protector had any concern , allow him both in matters of peace and war , all those rights that belong to sovereign princes . no prince is obliged to hold correspondence , but may refuse to send or receive ambassadors ; as all protestant princes deny to hold any correspondence with the pope , though he is a sovereign prince : yet if one nation has any concern with another , they must allow the same rights and privileges to the actual governor of that nation , as they expect should be payed to their own . and if a nation be divided , by a part of them withdrawing their obedience from the rightful prince , not only other soveraigns , but even their lawful one , if he has occasion to treat with them either in matters of peace or war , must treat them after the same manner , as he expects to be dealt with himself . all leagues and treaties are national ; and where they are not to expire within a shorter time , though made with usurpers , will oblige legal princes , if they succeed , and so vice versa : and a league made with a king of any nation , will oblige that nation , if they continue free , though the government should be changed to a common-wealth , because the nation is still the same , though under different governments . which grotius observeth , lib. . cap. . imo etiamsi status civitatis in regnum mutetur , manebit foedus , quia manet idem corpus etsi mutato capite , & ut supra diximus , imperium quod per regem exercetur , non desinet imperium esse populi : in whosoever hands they entrust the management of it , yet still it is the imperium populi , the empire of the people . the leagues which princes make with one another do not oblige them to one another , longer than they are in possession of their governments ; because the sole reason of leagues and contracts is upon the account of the power each nation has to afford mutual assistance and benefit to one another ; which reason still continues , though the person who was entrusted with the power of making them be changed ; who then is no further concerned therein , than a proctor is with a cause after the revocation of his proxy . upon this reason king charles the first , though he made a league , and confirmed it with an oath , with the king of spain expresly as he was king of portugal , did notwithstanding immediately after receive two ambassadors from the new king of portugal , who had driven out the spaniard ; and this was not looked on at the court of spain , either as breaking his league or oath . all the rights and privileges princes are allowed by foreign nations , over whom they have no manner of authority , is upon the account of the power they have of making contracts for the nation they govern ; which power when they lose , and no nation is any longer obliged or concerned in their actions , they have no more right to these privileges than they had before they had this power . but because the same intercourse will always be necessary between nations , and leagues and contracts must be made , which cannot be made with the whole body , but only with those who have the supream power , nor with them neither , except they be allowed those rights and privileges the dispossessed princes had ; therefore there is an absolute necessity of granting them the same ; and the others must lose them with their dominions , because more than one at the same time cannot have the same right , for the same nation . and though the king of that country , to which a dispossessed prince retires , allows him what honours or privileges he pleaseth , as every supreme power is at liberty to act in his own dominions as he has a mind to , and bestow his favours as he thinks fit ; yet the titular prince has no right by the law of nations to claim any of those privileges that belong to those that have summum imperium , or any more than what belong to other private persons . what right can he claim by the law of nations , when no nations are any way concerned in his actions ? all nations , but his own , distinguished him from others , upon no other account , but as he had the power of making national contracts . which power when he loseth , the reason of allowing him any particular privileges above others , wholly ceaseth . and his own nation , when they have entrusted the management of their affairs in other hands , are no more concerned with him than foreigners are ; so that such a prince is wholly reduced to a private estate , without a kingdom , nay without a country that he can call his own , and at the best can be but esteemed a subject , during his stay , to the government of that society he retires to , because there cannot be imperium in imperio , or more than one soveraign in the same society . where he is so far from having a power of making peace or war , or any other national contracts , that he cannot without leave send to princes , or receive any sent by them , much less allow them that are sent those privileges which are due to persons of a publick character : and it would be unreasonable that soveraigns should be obliged to allow those privileges to him , who is uncapable of returning the same . and it is evident , that soveraigns have none of those reasons to forbear exercising a coercive power over him , as they have over an ambassador who , as grotius saith , cap. de leg . if he commits crimen atrocius , & ad publicum malum spectans , mittendus erit ad eum qui misit , cum postulato ut eum puniat , aut deda● . but to whom can a dispossessed king be sent , or who will give satisfaction for any crime he commits ? why may he not be punished without violation of the laws of nations , or injury to any nation whatever , since no nation owns him so much as to be of their body ? therefore the king in whose dominions he is , may , if his crime deserve it , punish him with loss of life , as queen elizabeth of blessed memory , did mary queen of scotland . there is no reason in nature , either from other nations , or from the person himself , why he may not be punished by that government under which he lives , as well as any other that makes use of the protection of it . for whosoever makes use of the protection of any government , owns himself ( as i think i have sufficiently proved in my essay above-mentioned ) a subject of that government , and consequently makes himself liable to be punished if he transgress the laws . and grotius saith , cap. de leg . it is the law of nations that all , but ambassadors , are subjects to the prince in whose territories they are . his words are clear , placuisse gentibus ut communis mos qui quemvis in alieno territorio existantem ejus loci territorio subjicit , exceptionem pateretur in legatis , ut qui sicut fictione quadam habentur pro personis mittentium ( senatus faciem secum ●ttulerat , auctoritatem reipublicae , ait de legato quodam m. tullius ) ita etiam fictione simili constituerentur quasi extra territorium : it is only their mutual good that hinders princes from exercising this right over ambassadors , because each prince expects the same for his own in another's territories ; but there can be no such reason urged in favour of a dispossessed king , who carries no publick authority with him ; or in what other country shall he be supposed to be in , since he has no country he can call his own ? having proved in general , that a prince that has no longer the managing the affairs of a nation , has no right to any of those privileges that belong to them that have summum imperium ; and therefore such a prince being fallen from a publick to a private condition , and under the power and government of another , can have no more right than any other private person to grant commissions to private men of war to disturb the trade and commerce of any nation ; and that they that act by his commission may be dealt with , as if they acted by their own , or the authority of any private person ; because there is no manner of inconvenience which will happen upon a private person 's granting such commissions , but the same will happen , if a prince grants them after he is reduced to a private condition , they being both then in the very same condition . what other way have nations to secure their trade , or hinder their ships or goods from being taken , but by treating them as pirates who rob by such a commission ? there is no way of making a titular king weary of granting such commissions , as long as he can find people willing to accept and act by them . nothing can oblige him , who runs no risque of losing any thing , but may get a considerable booty by what his privateers take , as well as disturb and molest his enemies , to forbear granting such commissions . no reprisals to be made , because he has no ships to lose but those of the privateers , whose interest it is that such robberies should be continued . he has no trade or commerce to be ruined . there is no way of making him desist by invading his territories , since he has none to be invaded . in short , he has nothing to lose by sea or land , and by consequence no way of making him weary of eternally granting such commissions . therefore nations have no other way to hinder the disturbing their commerce , but by using the utmost rigor against such as accept his commissions , that by the terror of the example they may fright others from attempting the like . what if such a prince should grant commissions to seize the ships and goods of all or most trading nations ; which may easily be supposed , since he may get a considerable livelihood by sharing the spoil with his privateers ; who if they were to be treated as enemies , out of hope of booty , would in mighty numbers infest the seas . would it not be madness in those nations not to make use of the utmost rigor to secure their ships and trade ? and if several nations may use this method , why may not any single one , since any one nation has the same right to secure their trade , as any number whatever ? but supposing he should grant commissions to take the ships but of a single nation , yet in effect it would be to grant a general licence to rob ; because those who are so commissioned , would be their own judges of whatever they took ▪ whether it were lawful prize or not ; because in another princes territories whither the pretended prizes must be brought , the ousted prince could not pretend to so great a power , as to erect a court of judicature to judg according to the maritime laws , concerning the ships and goods that are taken : how can he whose very being in a country is precarious , and may be banished every moment , claim a right to a power of life and death , or to force witnesses to give attendance , and all other things that are necessary for such a court ? or how can he be able to restore ships , though never so unjustly taken , that are in the ports and custody of another king ? it is true , soveraigns have sometimes forborn to punish a titular king for privately destroying a domestick ; but this is no right he can pretend to by the law of nations , but only by the permission of that king in whose dominions he is . it was usual for the supreme powers in many nations to allow masters a power of life and death over their servants ; insomuch that caius inst. lege de his qui sui juris vel alieni , saith , dominorum potestas juris gentium est , nam apud omnes peraeque gentes animadvertere possumus dominis in servos vitae necisque potestatem fuisse . and by the roman and carthaginian laws , even parents had the same power over their children ; and in several countries at present a private person in many cases , particularly that of adultery , may kill the adulterer and his wife too , if he takes them in the fact , without being punished for so doing . the ambassadors of sovereign princes , as grotius observes , l. . cap. . have by the law of nations no right to exercise jurisdiction in their own families ; ipse autem legatus an jurisdictionem habeat in familiam suam , & an jus asyli in domo sua pro quibusvis eo fugientibus , ex concessione pendet ejus apud quem agit ? istud juris gentium non est . if the ambassadors of sovereign princes ( who , as he saith , fictione quadam habentur pro personis mittentium ) cannot pretend to this power , there is infinitely less reason for a dispossessed king to claim a power that is so much greater , viz. that of erecting publick courts of judicature . therefore his granting commission to privateers , is but granting them authority to rob whom they have a mind to ; who being judges in their own cause , cannot be supposed , but will judge all that comes to their net to be fish : and nations have no reason to take notice of his commission , which can have no manner of effect ; since he that grants it , is no ways able to hinder them that take it , from acting as they have a mind to ; nor is he able to punish them , if they never so much exceed the bounds of it ; nor can he restore ships , though never so unjustly taken ; nor is he able to give any satisfaction for any injustice his privateers shall commit . so that it is evident it is against the good of mankind , and consequently the law of nations , to allow a prince that is reduced to a private condition , a right to grant such commissions . but it may be said , that the government under which this king is , may give him sufficient power to judge in these matters . this argument will as well hold for any private person whatever , because the government may allow him the same power as it can any exiled prince . the laws of nations are built upon certainties : and if a person has no right to a power , to which certain privileges are annexed , he has no right to the privileges , though it were possible that a king may allow him such privileges , which he can enjoy but during his pleasure ; and other nations , as they are presumed to be ignorant of this , so are not obliged to take notice of it : nor can there be any instance , where a dispossessed prince was allowed to erect a court of judicature in another king's dominion ; it is erecting imperium in imperio , and none but he that has supream power , can be a supreme judge , and all inferior ones act as his ministers , and must be subject and accountable to him . perhaps it may be said , the king himself , into whose dominions the prizes are brought , may judge concerning them . but what if he will not ? he is not obliged , nor can he have a right to judge or punish those that acted , not by his , but another king's commission for what they did super altum mare ; for he cannot have a right to punish them , except they are his subjects , even whilst they acted by another's commission : and the same reason that makes them his subjects , will make the exiled king so too ; and consequently a private person , without power to grant commissions to his fellow-subjects . all authors both modern and ancient who have written on this subject , have esteemed none enemies but those that have summum imperium , and all others either robbers , or pirates . and albericus gentilis , l. . de jure belli & pacis , cap. . and grotius , l. . cap. . do define an enemy to be one , qui habet rempublicam , curiam , aerarium , consensum & concordiam civium & rationem aliquam , si res ita tulerit , pacis & foederis : which in other words is but summum imperium , because the supreme power in any society must have all these . and this they prove was looked on as the definition of an enemy , even in cicero's time , who quotes it , philip. . as a known definition or description of an enemy . and i believe there is nothing in which nations so unanimously agree , as in esteeming none but him that has summum imperium an enemy , and all others robbers or pirates ; and there can be no instance given , where any though at first they were robbers , pirates , rebels , &c. yet when they had dominions , and possessed summum imperium , were not treated as enemies . st. austin de civ . dei , l. . c. . speaking of robbers , hoc malum si in tantum perditorum hominum accessibus crescit , ut & loca teneat , sedes constituat , civitates occupet , populos subjuget , regni nomen assumet . and the beginning of most of the great empires were not much better : whatever any were at first , yet when they had formed themselves into civil societies , where foreigners as well as subjects might have justice administred , then they were looked on as nations and civil societies ; and in their wars with other nations , used as enemies . but until any number of men were a civil society , and did associate for the sake of laws , justice , government , &c. they were esteemed as pirates and robbers : so all authors do agree , that those , qui civitatem non faciunt sunt piratae vel latrones ; and are supposed to associate scéleris causa , for the sake of piracy or robbery , or some other wicked end . but if , as grotius observes , l. . c. . a change happen , and they form themselves into a civil society , then they have all the rights that belong to other civil societies , his words are these , potest tamen mutatio incidere non in singulis tantum , sicut iephtes , arsaces , viriatus , ex praedonum ducibus justi duces facti sunt , sed etiam in caetibus , ut qui praedones tantum fuerint aliud vitae genus amplexi , civitas fiant . so of later years argiers , tripoly , tunis , though at first but nests of pirates , and associated for the sake of spoil and plunder , yet as soon as each of them had the face of a republick , they were esteemed as just enemies , and had all those privileges allowed them that are due to sovereign states . albericus gentilis , l. . c. . seems to be of another opinion ; and after he has reckoned some few whom he is forced to allow , that they from robbers became enemies , saith , it was only the cause that made them so . quodque fiet non tam justi exercitus auctu , & urbium interceptu , ut scriptores isti , & alii historici credere videntur , quam adeptione publicae causae . however he is of this opinion himself , yet he is forced to confess , that all the antient historians and other writers were of a different opinion . if he mean by a publick cause , a just cause of war , and none but those that have such a cause should be treated as enemies , all mankind would treat one another as robbers and pirates ; because each party pretend their enemies have no just cause of war , and there being no superior to judge , each side must judge for themselves ; and where there is no common judge , in which both sides will acquiesce , the pretence of right can be urged to no purpose , since each side pretends to be in the right : so that there is a necessity for those that have summum imperium , whatever the cause of the war be , to use one another as enemies ; and those that have acted otherwise , have been esteemed by the rest of mankind as infringers of the law of nations . it is true , some , especially the great conquerors , as alexander , and the saracens , as he observeth , have been called robbers , and really were so ; for whoever without a just cause , invadeth his neighbours rights , as they did , is a robber ; yet they were always treated as just enemies , as were the saracens by the christians . nay , grotius gives instances of several nations , who without any distinction exercised piracy , yet were allowed the rights of enemies , because they were a people : tantum discrimen est inter populum , quantumvis sceleratum , & inter eos , qui cum populus non sunt , sceleris causa coeunt . if gentilis by a publick cause , means some national cause , and that the war , to make it just , must not be for private causes or by-ends , but for the sake of the people ; all that have summum imperium , what way soever they get it , as it is their duty to protect those that are under them , and make war with those that endeavour to oppress them , will have the same publick causes of making war as any kings whatever . as arsaces whom he mentions to have a publick cause , had none to withdraw his obedience from the macedonians , who had been so long time lawful kings of persia ; yet after he had made himself master of persia , might have a publick cause , upon the account of that nation , of making war. the same may be said of all other usurpers . as robbers and pirates become just enemies , when they form themselves into a civil society ; so a king that loseth his empire , and can no longer protect people , or administer justice , dwindles into a robber or pirate , if he grants commissions to take the goods or ships of any nation ; and they that accept commission from him , are presumed to associate sceleris causa , and cannot be reckon'd as members of a civil society ; since he by whose commission they act , nor any other of their number , can administer justice , or do any of those things that are essential to a civil society : there is none amongst them , let them break the laws of nations , or any other laws to punish them ; or let them be never so injurious to other nations , there is none to make satisfaction or do justice on the offenders ; and is there not all the reason in the world , that nations should do themselves justice in punishing the criminals according to their demerits ? whoever pretends to the dignity of being esteemed an enemy , must have a power of making peace and war ; hostes sunt , ait sempronius , qui nobis aut quibus nos bellum decernimus . so vlpianus ; hostes sunt quibus bellum publice populus romanus decrevit vel ipsi populo romano , caeteri latrunculi vel praedones appellantur . and grotius saith upon quoting these authorities , lib. . cap. . sub exemplo populi romani quemvis intelligi qui in civitate summum imperium habeat : there is no government declareth war against a private person , though he retains the title of a publick one ; and it would be ridiculous for a private person that has no certain habitation , but is in a manner a vagabond , to pretend to declare war , since he cannot do it for any nation , but only for himself . the english have neither peace nor war with the late king , and look on him as a private person incapable of making either ; and to allow him now any of those rights that belong to publick persons , would be in a manner acting inconsistent with themselves , and contradicting their former declarations . as he that is reduced to a private condition , has no right by the law of nations to be treated as an enemy ; so on the contrary , whosoever has summum imperium , because the general good of nations requires it , and consequently it is a part of the law of nations , must have a right to be treated as an enemy ; nay , it is the interest of the adverse party , flagrante bello , to treat even rebels so ; because as they use them , so they must expect to be used themselves . the pretence of right ( as i have already said ) where there is no superior to judg between the contending parties , in whose determination both sides will acquiesce , is to no purpose . if one side call the other's taking up arms rebellion , they on the other hand term it a just war in defence of their rights and privileges ; and will be sure upon all occasions to return like for like : so that it is plain , it is the mutual good of both parties to treat one another as enemies . so in the civil wars of england and of france , and of the romans , they treated one another as enemies . it is true , that in the civil wars of the romans , there was not as in foreign wars , any use of the postliminium ; nor did they triumph after victory . but these were customs proper to that state , and no part of the law of nations . in the beginning of the civil wars in the low-countries , the haughty spaniard at first used the hollanders as rebels , but he quickly was weary of that sport , and consented to a chartel . for the same reason , the present government , during the war , treated their rebellious subjects in ireland after the same manner : for as long as they had an army in the field , and were masters of fortified towns , they were esteemed and used as enemies : but what pretence can any of that party have of being treated so now ? would it not be very absurd in the tories , though they plundred passengers , and robbed market-people by the late king's commission , to expect to be used as enemies ? is there any more reason they should be more favourably dealt with for robbing at sea by his commission , considering they have no fleet , no ports , nor harbors ? but it may be urged in behalf of those that have the late king's commission , that they ought to be used as enemies , because if they are used otherwise , all that they take must expect to be dealt with accordingly . answ. the same argument will hold for all other pirates and robbers , who may use all that fall into their hands , as they themselves are used ; and the consequence of granting them such usage would be , that the seas would quickly be full of pirates , and the land of robbers . if it were for their interest , there 's no doubt pirates would serve all they take so ; but they know if they did , they should not only miss of the booty they might otherwise expect by peoples not being so much on their guard , but that most effectual means would be taken to extirpate them . but if it should happen to be against the publick good ( of which the government is the judg ) to punish them as pirates , there is no doubt but they ought to be dealt with more mildly ; so all other criminals ought to be spared , when it is against the publick good to punish them . obj. it may be said , if a king is unjustly deposed , he has still a right to his kingdom , and consequently to all that is in order to recover it . answ. all nations , except his own , allowed him these privileges and rights upon no other account , but as all business of peace and war , and commerce , that concerned his nation , was managed by him : what his right was to that power , that depended upon the laws of his country , with which they were no way concerned ; therefore when he lost that power , he with it lost all the right he had of claiming from them any privileges above other persons , and consequently his pretence of right can be no argument for them not to treat his privateers as pirates . as for his own nation , they have already adjudged he has no right to command them , and have placed the administration of their affairs in other hands : so that the argument drawn from a pretended right that is not owned by the nation that deposed him , can signify nothing either to foreigners , or to them who have then the same reason , as all other nations , to condemn as pirates all that act by his commission . in short , let a prince's right be what it will , if the utmost of his power extends only to the giving commissions to a few people , whom he can persuade to set out vessels at their own charge , to disturb the trade of a nation ; which can only tend to exasperate and vex them ; that cannot , in common understanding , be reputed a just design to recover his kingdom , or to conquer his enemies ; but only a pretence to let those people that act by his commission , inrich themselves by exercising piracy ; which is such an odious thing , that nations cannot be too careful in punishing whatever tends that way . besides , the laws of nations respect the general good of societies more than the right of any particular person ; who , to speak properly , can have no right when it is inconsistent with the good of the society , because a particular must always give place to a general good ; and the interest of a king , when he has no longer the management of the affairs of any nation , is no more sacred than that of any other private person , who by nature is his equal : it was only the office which is sacred , because it is so necessary for the good of mankind , that made the difference : which when he is no longer possessed of , he is but upon the same level with the rest of mankind ; and then the peace and quiet , or trade and commerce of a nation ought not to be disturbed more for his , than any other particular person 's interest . and people , who have a right even to the lives of their enemies , use them , when the mutual good of societies do not forbid it , after the same manner as they do pirates and robbers ; and they use all spies , and those that privately attempt the lives of their enemies , whatever right the prince has that employs them , as pirates ; the pretence of his right who employs them , will be no manner of plea to prevent their execution : and the same reason , the good of societies , does more strongly require the putting those to death that rob by the commission of any private person whatever . besides these reasons , which i think are sufficient to prove them who were taken acting by the late king's commission , pirates , there is another unanswerable one , from the persons who accepted the commission : who being their majesties subjects , ( and which the question that was put to the civilians justly supposeth ) were morally incapable to receive such a commission ; it was not in their power to take a commission from any king whatever to invade , in a hostile manner , the ships and goods of their fellow-subjects . the accepting the commission was treason , and no commission whatever can authorize people to commit treason ; so that the commission was null and void as well upon their account that received it , as his that granted it . these reasons , or at least what is most material in them , the heads of them ( i will not pretend they were then as fully and largely handled as they are here set down ) were urged either by dr. littleton or my self : he did not , upon a question where so much could be said , leave out , as it were on purpose , what was most material , nor did not , as the sham-account reports , only say , that the late king had no right to grant commissions , because he had no treasury or aerarium , and because there was no war between him and england , or somewhat to that effect : nor did i ( as the account will have it ) without offering at any reasons my self , assent to what he said , but not only then , but ( since i am in a manner forced to say so much ) when i gave my opinion in writing , i made use of what i thought most material in these arguments . it is a great sign of the weakness of their cause , as well as their disingenuity , that they dare not repeat the whole matter of fact ; but only relate so much of the other side , as they think may serve to give a better gloss to what they , without any respect to truth , have thought fit to divulge : but they were under a kind of necessity of so doing , ( and which is the only excuse the matter is capable of ) since they had no other way of making what they pretend was said by them appear tolerable , but by representing what was said by those of the contrary side ( if it were possible ) more absurd : and it is no wonder where people have neither law nor reason on their side , that they have recourse to lies and calumnies , the usual arts of that party , and the only props they have to support their so often baffled cause . but to return ; the occasion of sending for the civilians , after some of them that were consulted had given their opinions in writing , was , as the lords told sir t. p. and dr. ol. ( who had declared that they were not pirates , without offering to shew the least reason why they were of that mind ) to hear what reason they had to offer for their opinion . then sir t. p. said , it was impossible they should be pirates , for a pirate was hostis humani generis , but they were not enemies to all mankind , therefore they could not be pirates : upon which all smiled , and one of the lords asked him , whether there ever was any such thing as a pirate , if none could be a pirate but he that was actually in war with all mankind : to which he did not reply , but only repeated what he had said before . hostis humani generis , is neither a definition , or as much as a description of a pirat , but a rhetorical invective to shew the odiousness of that crime . as a man , who , tho he receives protection from a government , and has sworn to be true to it , yet acts against it as much as he dares , may be said to be an enemy to all governments , because he destroyeth , as far as in him lieth , all government and all order , by breaking all those ties and bonds that unite people in a civil society under any government : so a man that breaks the common rules of honesty and justice , which are essential to the well-being of mankind , by robbing but one nation , may justly be termed hostis humani generis ; and that nation has the same right to punish him , as if he had actually robbed all nations . doctor ol. said , that the late king , being once a king , had by the laws of nations a right to grant commissions ; and that though he had lost his kingdoms , he still retained a right to the privileges that belong to sovereign princes . it was asked him by one of the lords , whether he could produce an author of any credit , that did affirm , that he that had no kingdom , nor right to any , could grant commissions , or had a right to any of those privileges , that belong to sovereign princes ? and that no king would suffer those privileges to be paid to christina , when she ceased to be queen of sweedland ; and that it was the judgment of all the lawyers , that ever mentioned that point , that she had no right to them ; and he did hope , that those that had sworn to their present majesties , did not believe the late king had still a right : and that that point was already determined , and would not be suffered to be debated there . to which he answered , that king james was allowed very lately the rights of a king , and that those that acted by his commission in ireland were treated as enemies , and people that followed his fortune , might still suppose he had a right , which was enough to excuse them from being guilty of piracy . one of the lords then demanded of him , if any of their majesties subjects , by virtue of a commission from the late king should by force seize the goods of their fellow-subjects by land , whether that would excuse them from being guilty at least of robbery ? if it would not from robbery , why should it more excuse them from piracy ? to which he made no reply . then the lords asked sir t. p. and him , whether it were not treason in their majesties subjects , to accept a commission from the late king to act in a hostile manner against their own nation ? which they both owned it was , ( and sir t. p. has since , as i am informed , given it under his hand , that they are traitors . ) the lords further asked them , if the seizing the ships and goods of their majesties subjects were treason , why they would not allow it to be piracy ? because piracy was nothing else but seizing of ships and goods by no commission ; or what was all one , by a void or null one , and said that there could be no commission to commit treason , but what must be so : to which they had nothing to reply , only dr. ol. ( not by way of answer to one of the lords , who , as the jacobitish account supposeth , made use of it as an instance for the other side ) pretended to quote a precedent , which he said came up to the present case , about antonio king of portugal , who ( as he said ) after he had lost his kingdom , gave commissions to privateers to seize upon all spanish vessels , whom , as the spaniards met with , they hanged as pirates ; ( so far his precedent is against him ) but an author without naming him , was of opinion , as he said , that if antonio had ever been a rightful king , that then the spaniards ought not to have treated those , that acted by his commission , as pirates . this was all that was said by the doctor in behalf of the late king's privateers ; upon which i must beg leave to make a few reflections . as to those privileges which were allowed the late king in ireland , they were not allowed him upon the account of any right , nor was it an owning that he had any right to that kingdom , but barely as he was in possession ; for then he had rempublicam , curiam , &c. and consequently a right to be treated as an enemy ; and not only he , but whoever had been in possession would have had a right to have been used after the same manner , and is no more than what is practised in all civil wars , where there are just forces on either side . these privileges being allowed him when he was a publick person , and in possession of a kingdom , could be no just reason to induce any to imagine that they would be permitted him when he was reduced to a private condition ; much less is it such a presumption as is sufficient to excuse them , who acted by his commission , from suffering as pirates . the very taking a commission from him , after he was reduced to a private condition , to act against their own nation , was a demonstration that the government was no longer in his , but other hands , who could not reasonably be presumed would allow that he had still any right , or that they that acted by his commission should be dealt with as if he still had a right ; but that they should be used as if they acted by no commission , or what is all one , a null or invalid one . their pretending to believe he has still a right , is no more an excuse in the case of piracy , than of treason , which every traitor may pretend to . as to the story of antonio , the doctor is ( to suppose no worse ) abominably mistaken in the very foundation ; for they that suffered by the spaniards as pirates , were french , who had not their commissions from antonio , but from their own king , as albericus gentilis , who mentions this story , lib. . cap. . saith , at ipsa historia vincat eos non fuisse piratas , per literas quas regis sui ostendebant , cui regi serviebant , non antonio , etsi maxime pro antonio , quod illos non tangebat . and conestaggius , who is the historian he refers to , and who has given an excellent account of that war , saith it was the royal navy of france ( which is very improbable did act by any authority but that of the french king 's ) set out , as he words it , regiis sub auspiciis , with which the spanish fleet engaged , and had the good fortune , after a long and bloody fight , to rout it , and took above five hundred prisoners , of which almost the fifth part were persons of quality , whom the spanish admiral was resolved to sacrifice as pirates , because the french king , without declaring war , had sent them to the assistance of antonio : against which proceedings the officers of the spanish fleet murmured , and represented to their admiral , that they were not pirats , because they had the french king's commission ; but that they chiefly insisted on , was the ill consequence it would be to themselves , who , if they fell into the hands of the french , must expect the same usage . as to the french king 's assisting antonio without declaring war , they supposed , that before the sea fight , the two crowns might be said to be in a state of war , by reason of frequent engagements they had in the low-countries . this is the account conestaggius gives of it , which , how little it is to the purpose the doctor quoted it for , is so visible , that there is no need of any words to shew it . but granting ( as the doctor supposeth ) that antonio never had any right , or at least , the spaniards would never allow he had any , yet it is evident from the historian , that they allowed him , during possession , the same privileges as the late king had during the war in ireland : and if the spaniard , by the law of nations , after antonio was driven from his kingdom , might treat those that acted by his commission as pirates , why may not the english deal after the same manner with those that act by the late king's commission , since they look on him to be in the same condition as the spaniards did on antonio , without a kingdom , or right to one ? what difference can that make , that one had never a right , and the other , though he had once a right , has lost it ? these two civilians , i believe , are the only persons pretending to be lawyers , that are of opinion , that a king without a kingdom , or right to one , has by the law of nations a right to grant commissioners to privateers , especially if they are subjects ( as they have acknowledged it ) to that king , against whom , they by their commissions are to act . upon what account can such a person claim these privileges ? or for what reason should mankind pay them to him , more than to other private persons ? are these privileges like the charms , or indelible characters , the papists say , are inseparable from the persons of their priests ? which , whatever it be in ecclesiasticals , is no small bigotry and phanaticism in civil affairs . and it is the height of folly , madness and superstition , to believe that the people , who have entrusted some one amongst them with power for no other end but for protecting them , can upon no account whatever resume it . to speak somewhat against this notion , cannot be unseasonable or impertinent , because it is not only the foundation of these false notions which i endeavour to confute , but of almost all others that concern the rights of soveraigns . the only innate principle in man is to seek his own happiness , and consequently it is his duty to pursue it ; otherwise god would not have imprinted it so deeply on his mind , that it is impossible for him not to desire it : and it is the source of all his actions , and the foundation of his duty to god and to man ; there being no reason why a man should be obliged to do any thing , that no way promotes his happiness ; which , as to this life , considering his weakness and infirmities , he is not able to procure , without the aid and assistance of others ; which , as the only way to obtain , he ought to be as ready to assist them , and do by them as he expects they should do by him : and , as it is evident , the duty men owe to one another , tends to the happiness of each individual person , so the neglect of it would be to the loss and detriment of each particular : and the more any one is obliged , the more zealous he ought to be to make sutable returns ; because there is no vertue that more encourageth people to do good to one another , and consequently is more beneficial to man , than gratitude . and this is the reason of the duty that children , for the sake of their being and education , owe to their parents . the relation between parents and children , is called a natural relation , because it does not come by compact and agreement , as all others do , which men enter into for their own sakes ; and where-ever they oblige themselves to serve others , either by the labour of the mind or body , it is for some sutable return : and in all relations of life , there are reciprocal duties ; for the sake of which alone , men entred into them , and consequently designed to oblige themselves no longer to them , than they receive these returns . it is repugnant to that natural equality that is amongst men , that all should be due of one side and nothing of the other : in all relations the duties are conditional , and can oblige no longer than they are performed on both sides ; because each party would not have bound himself but for the sake of the return . where numbers enter into any relation with a single person , as when they engage to pay him obedience , there it is most evident that they would never part with their liberties , and give to a single person so great power over them , but for the sake of some sutable return ; which can be no other than the protection they receive by government , which was the sole motive , reason and design of their becoming subjects ; nor can they be presumed to intend any thing but their common good , nor to pay obedience upon any other terms or conditions , but for the protection they are to receive : nay , had it been possible for men to design it , they were morally incapable of binding themselves contrary to their common good and prosperity . though protection cannot be had without obedience , yet obedience is only the means , and in order to protection ; which is the end for which alone obedience is due ; and where that end cannot be had , all ties are absolutely broken . and this has been the sense and practice of mankind , who have always submitted to new governors when their old ones became uncapable to protect them : but the reason is much stronger , when instead of protecting , they design to oppress and ruin them ; then their own good , which at first was the sole reason of their obedience , does as much oblige them to oppose them , as ever it did to submit to them . the doctrine of absolute obedience is inconsistent with the goodness of god , and the love he has for man ; and is destructive of the end , intent and design of god's laws , which is man's happiness . for god , who is infinitely happy in himself , could have no other motive but man's happiness in those rules he has given him to walk by ; and for that reason has made it a duty in him to help the poor and miserable , relieve the oppressed and distressed , and do all manner of kindnesses and good offices to one another . can it then be presumed , that he required obedience to arbitrary power , which brings poverty , misery and desolation on a nation . if it be duty to relieve the poor and oppressed , it must as much so , to hinder people from falling into that miserable condition , which they cannot prevent except they have a right to oppose arbitrary power . and if it be a duty to promote the publick good , which they cannot do if they are obliged to submit to arbitrary government , it must be their duty to oppose it . in short , there is no duty that a man owes to his neighbour , or himself , but does oblige him to oppose arbitrary government ; and so does that honour and duty which man owes to his maker , which cannot more be shown , than in imitating him , by promoting the good and happiness of his fellow-creatures : he that does not love his brother whom he has seen , cannot love god whom he has not seen . but the endeavouring to enslave his brother , is no argument of any great love he bears him . absolute obedience tends to the dishonour of god , as it naturally tends to introduce gross ignorance and superstition , which perhaps is the chief reason that some men so highly promote it , because then they may be the better able to impose what selfish doctrines they please , and tyrannize over the consciences of their brethren . the promoting absolute obedience , is a much greater crime than the encouraging any rebellion whatever ; because a civil war , though during the time it lasts is very sharp , yet it cannot , especially in a country where there are no fortified places , continue long , and a nation may flourish and be happy again . but if once arbitrary government be introduced upon the principles of passive obedience , peoples miseries are endless , there is no prospect or hopes of redress : every age will add new oppressions , and new burdens to a people already exhausted . if he , by god's command , was to be cursed that removed his neighbour's land-mark , what curses must they deserve that make it their business to remove all the bounds , fences , and securities that people have , not only for their lands , but their liberties and lives , and prostrate them at the feet of a single person ? if it be so great a crime , that upon no account , as they pretend , it is lawful to change the person that has the executive power . how much greater must their crimes be that destroy the constitution , and subvert the whole government , and set up a new one that is infinitely worse ? this i think is sufficient to show that the people have a right , especially in a limited government , where they are subjects no farther than the laws require , to defend their liberties and privileges ; and that a king by endeavouring to ruin and enslave them , has lost all the ties he had to their obedience , and has no longer a right to command them ; and they may then place the administration of their affairs in other hands ; which when they have done , what reason have they to allow him , that designed to ruin and enslave them , greater privileges than any other private person , who never intended them any mischief ? or what reason have other nations to allow him those privileges , which they cannot without injury to themselves , pay to any but those that have summum imperium . but to return ; dr. waller and dr. nuton , who also attended , did not declare their opinions : dr. w. excused himself , that he had not time to consider the question ; and dr. n. said it was against his conscience , or words to that effect , to have a hand in blood. i suppose with this tacit reserve , except it were in hopes of being advocate of the admiralty , whose business it is ( if prosecuting pirates and malefactors may be called so ) to have a hand in blood. but to conclude ; i hope i have sufficiently proved what i designed , and have not only answered all the objections that were then made , but have obviated whatever can reasonably be urged to the contrary . finis . die mercurii, maii, . resolved by the parliament, that all such delinquents who having compounded for their delinquency, and for non-payment of their second moyety, have incurred the penalty formerly imposed ... england and wales. parliament. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing e b). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e b estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) die mercurii, maii, . resolved by the parliament, that all such delinquents who having compounded for their delinquency, and for non-payment of their second moyety, have incurred the penalty formerly imposed ... england and wales. parliament. sheet ([ ] p.). printed by edward husband and iohn field, printers to the parliament of england., london, : . reproduction of original in the henry e. huntington library. eng great britain -- politics and government -- - . broadsides -- england -- th century. a r (wing e b). civilwar no die mercurii, maii, . resolved by the parliament, that all such delinquents who having compounded for their delinquency, and for non-p england and wales. parliament a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion blazon or coat of arms incorporating the commonwealth flag ( - ) die mercurii , maii , . resolved by the parliament , that all such delinquents who having compounded for their delinquency , and for non-payment of their second moyety , have incurred the penalty formerly imposed , and shall pay in their said second moyety , with interest for the same from the time since the same should have been paid , by the first day of june next , shall be discharged from the said penalty : but in default of payment thereof by that time , the moyety of the estate for which every such delinquent hath compounded , shall from thenceforth be confiscate to the use of the commonwealth . and that the commissioners for compounding with delinquents do take care that this vote be put in effectual execution . die mercurii , maii , . ordered by the parliament , that this vote be forthwith printed and published . hen : scobell cleric . parliamenti . london , printed by edward husband and iohn field , printers to the parliament of england . . a short supply or amendment to the propositions for the new representative, for the perpetual peace and quiet of this nation, and other parts (which be or shall be incorporated with the same) in the enjoyment of their just rights and liberties. which were lately published by will: leach of the middle temple, gent. and now published at the request of divers well-affected and eminent christians of the congregated churches of this nation. / written and proposed by edmund leach of new england, merchant. leach, edmund, th cent. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing l thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) a short supply or amendment to the propositions for the new representative, for the perpetual peace and quiet of this nation, and other parts (which be or shall be incorporated with the same) in the enjoyment of their just rights and liberties. which were lately published by will: leach of the middle temple, gent. and now published at the request of divers well-affected and eminent christians of the congregated churches of this nation. / written and proposed by edmund leach of new england, merchant. leach, edmund, th cent. p. printed by john macock, and are to be sold by lodowick lloyd in popes-head alley neer lumbard-street, london : . annotation on thomason copy: "no: d". reproduction of the original in the british library. eng great britain -- history -- commonwealth and protectorate, - -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason e _ ). civilwar no a short supply or amendment to the propositions for the new representative,: for the perpetual peace and quiet of this nation, and other pa leach, edmund a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion a short supply or amendment to the propositions for the new representative , for the perpetual peace and quiet of this nation , and other parts ( which be or shall be incorporated with the same ) in the enjoyment of their just rights and liberties . which were lately published by will : leach of the middle temple , gent. and now published at the request of divers well-affected and eminent christians of the congregated churches of this nation . written and proposed by edmund leach of new england , merchant . london , printed by john macock , and are to be sold by lodowick lloyd in popes-head alley neer lumbard-street . . a short supply or amendment to the propositions for the new representative . for as much as the members of this present parliament of england have undergone great danger of their lives and estates , and many of them taken excessive pains and care , and divers of their fellow-members lost their lives for the preservation of the honest people of this nation from utter ruine and destruction , and gaining their just rights and liberties , and setling the people of this nation in a government of a republique , for the enjoyment of the same for ever , for the quiet not only of those who may fear , but which shall hope of much more bloodshed , combustions , or alterations , but that all parties may acquiesce in this peaceable government in all future times , without doubting , or expectance of any other by any monarch whatsoever ; but that all tyranny shall be for ever hereafter turned and kept out of doors , and that all parties may praise our great god for this our miraculous deliverance from tyranny and oppression , and pray for the prosperity of those by whom he out of his good will and pleasure hath wrought this our great and wonderful freedom . and for that , upon or by a new representative , if the most just members ( which have brought to pass this most peaceable government , which is most easie to be continued , for the keeping of the people from tyranny & oppression ) should be neglected , ( though some of the plebeans may think amiss of divers of them for concealing several things from them , which they have thought to be for their weal , the sudden revealing of which might have been to their woe ) danger might happen . for remedy in this behalf , these propositions following be proposed and tendered , to the same consideration and intent as the said recited propositions are . i. that every member of this present parliament , now sitting or acting for the benefit and support of this common-wealth of england ( other then such who by this present parliament shall not be thought fit to continue without a new election ) may sit , vote and act for and in the next parliament or representative . ii. and that ( for every county , city , burrough , town corporate , or other place , having , or which shall have , power or authority of electing members of parliament or representers , and no member or representer being now so sitting , or in action for the same ) this now present parliament may send to the sheriffs , bayliffs , barons , or other head officers of the same respectively , the names of four persons for every such place which have power so to elect or choose two such members or representers . iii. and that every such sheriff and officer before mentioned respectively shall or may publish the same openly in his county , or other such place , whereof such respective sheriff , or other such officer , be or shall be chief head officer or officers . iv. and that the inhabitants of every such county , city , burrough , or other place before mentioned , shall or may so write or print one of such four for one , and that he with another of such member or representer as such inhabitants shall in like manner choose , write or print , as is mentioned in the propositions before recited , shall and may be members of the next parliament or representative . v. and that some of the chief commanders of this present army of this nation may nominate eight such persons by the parliament , so to be sent , out of which the same may so send the names of the before mentioned four persons . vi . and that according to the same number and proportion for every respective county , city , or other place before mentioned ( which have or shall have power or authority to elect or choose more or less for such members or representers ) the same course may be taken , as before is mentioned . vii . and that in all parliaments or representatives hereafter , the fourth or fifth part , or some other number by this parliament to be thought convenient , shall and may remain and continue as members or representers for the then next parliament or representative , unless they be or shall be voted out by any parliament or representative sitting , or to be sitting , and that then the inhabitants of such place for which they were or shall be chosen , may ( as is mentioned in the said recited proposals ) new elect and choose , and send in such manner and form as is mentioned in those propositions . in the propositions before recited , in pag. . l. . is the word [ after ] where the word [ before ] should be ; and in pag . li. . is omitted the word [ not , ] and in pag. . li. . is also omitted the word [ be , ] and divers other litteral faults , which is easily imagined what they should be ; all which are the neglect of the printer , and therefore it s not necessary to write further against or concerning the same . edmund leach . these present proposals are to be sold by lodowick lloyd , and the before-recited proposals by him , william lee , lawrence blaiklock , and gabriel bedel in fleet-street , and lawrence chapman near the savoy . finis . the agrement [sic] of the general council of officers of the armies of england, scotland, and ireland, together with the rest of the officers and forces in and about london; to which the rest of the officers and forces of this commonwealth by land and sea, are desired to give their concurrence. england and wales. army. council. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e e thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) the agrement [sic] of the general council of officers of the armies of england, scotland, and ireland, together with the rest of the officers and forces in and about london; to which the rest of the officers and forces of this commonwealth by land and sea, are desired to give their concurrence. england and wales. army. council. sheet ([ ] p.) printed by henry hills, printer to the army, london : . ten articles forming a basis of a republic without king or lords, keeping executive and legislative powers distinct. indemnity offered for everything done since october , except for the stuart cause. freedom of worship except to popery and prelacy. arrears of pay to be met. army to be maintained on its october footing. dated at end: thursday . of december, . annotation on thomason copy: "xber [i.e., december]. ". reproduction of the original in the british library. eng england and wales. -- army -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no the agrement [sic] of the general council of officers of the armies of england, scotland, and ireland, together with the rest of the officer england and wales. army. a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion the agrement of the general council of officers of the armies of england , scotland , and ireland , together with the rest of the officers and forces in and about london ; to which the rest of the officers and forces of this commonwealth by land and sea , are desired to give their concurrence . i. that the government of england , scotland and ireland , and the dominions and territories thereunto belonging , be in the way of a free state and common-wealth . ii. that they will not have kingship to be exercised in these nations , nor any single person to exercise the office of chief magistrate over the same . iii. that there be no house of lords or peers . iv. that the legislative and executive power be destinct , and not in the same hands . v. that all those persons , and every one of them , who have sate or acted as a committee of safety , and all persons who have acted under them , or any of them , be indempnified in their persons and estates , for all such things as have been done by them , or any of them , or by any acting under their authority , in pursuance of the instructions given to them by the council of officers . vi . that there be an act of indempnity and perpetuall oblivion , both to persons and estates , for all and every thing and things , acted , done , or spoken , or ordered , or suffered to be acted or done with respect to raising of forces , issuing of money , administration of iustice , and proceedings in courts of law or equity , or otherwise , since the first day of october , . except such as have acted , done , or spoken , for or on the behalf of charles stuart . vii . that such as profess faith in god by iesus christ , though differing in judgement from the doctrine , worship , or discipline , publikely held forth , shall not be restrained from , but shall be equally protected and encouraged in the profession of the faith , and exercise of their religion , so as they abuse not this liberty to the civil injury of others , and to the actual disturbance of the publique peace on their parts . provided this liberty be not extended to popery or prelacy , nor to such as , under the profession of christ , hold forth and practise licentiousness . and that all acts , ordinances , orders , and all clauses in any acts , ordinances , orders and customes , to the contrary , be forthwith repealed , made null and void . viii . that the arrears of pay to the armies , forces , and navies of this common-wealth , now due or incurred to them , or any of them , be with all convenient speed satisfied and paid . ix . that the armies , forces , and navies of this common-wealth , as the same stood , upon the ninth day of october last , be continued and maintained , under the same conduct , as the same stood upon the said ninth day of october , for the security , service , and peace of this common-wealth , and not be disbanded , nor the conduct altered , until the cause contended for be secured , and the government of this common-wealth , as is before proposed , be effectually setled . x. that we whose names are subscribed , do hereby promise and engage , by the help of god , to stand by and assist each other in the obtaining of the said things before-mentioned . thursday . of december , . ordered by the general council of officers , of the armies of england , scotland , and ireland , that this agreement be forthwith printed and published . thomas sandford , secretary . london , printed by henry hills , printer to the army , . conscientious, serious theological and legal quæres, propounded to the twice-dissipated, self-created anti-parliamentary westminster juncto, and its members. to convince them of, humble them for, convert them from their transcendent treasons, rebellions, perjuries, violences, oppressive illegal taxes, excises, militiaes, imposts; destructive councils, proceedings against their lawfull protestant hereditarie kings, the old dissolved parliament, the whole house of lords, the majoritie of their old secured, secluded, imprisoned fellow-members, the counties, cities, boroughs, freemen, commons, church, clergie of england, their protestant brethren, allies; contrary to all their oathes, protestations, vowes, leagues, covenants, allegiance, remonstrances, declarations, ordinances, promises, obligations to them, the fundamental laws, liberties of the land; and principles of the true protestant religion; and to perswade them now at last to hearken to and embrace such counsels, as tend to publike unitie, safetie, peace, settlement, and their own salvation. / by william prynne esq; a bencher of lincolns inne. prynne, william, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing p thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) conscientious, serious theological and legal quæres, propounded to the twice-dissipated, self-created anti-parliamentary westminster juncto, and its members. to convince them of, humble them for, convert them from their transcendent treasons, rebellions, perjuries, violences, oppressive illegal taxes, excises, militiaes, imposts; destructive councils, proceedings against their lawfull protestant hereditarie kings, the old dissolved parliament, the whole house of lords, the majoritie of their old secured, secluded, imprisoned fellow-members, the counties, cities, boroughs, freemen, commons, church, clergie of england, their protestant brethren, allies; contrary to all their oathes, protestations, vowes, leagues, covenants, allegiance, remonstrances, declarations, ordinances, promises, obligations to them, the fundamental laws, liberties of the land; and principles of the true protestant religion; and to perswade them now at last to hearken to and embrace such counsels, as tend to publike unitie, safetie, peace, settlement, and their own salvation. / by william prynne esq; a bencher of lincolns inne. prynne, william, - . [ ], , [ ] p. printed, and are to be sold by edward thomas at the adam and eve in little britain, london : . with a final errata leaf. annotation on thomason copy: " ber [i.e. november] ". reproduction of the original in the british library. eng england and wales. -- parliament -- history, ( th century) -- early works to . great britain -- politics and government -- - -- early works to . great britain -- history -- civil war, - -- religious aspects -- early works to . great britain -- history -- puritan revolution, - -- early works to . a r (thomason e _ ). civilwar no conscientious, serious theological and legal quæres, propounded to the twice-dissipated, self-created anti-parliamentary westminster juncto, prynne, william b the rate of defects per , words puts this text in the b category of texts with fewer than defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - john latta sampled and proofread - john latta text and markup reviewed and edited - pfs batch review (qc) and xml conversion conscientious , serious theological and legal quaeres , propounded to the twice-dissipated , self-created anti-parliamentary westminster juncto , and its members . to convince them of , humble them for , convert them from their transcendent treasons , rebellions , perjuries , violences , oppressive illegal taxes , excises , militiaes , imposts ; destructive councils , proceedings against their lawfull protestant hereditarie kings , the old dissolved parliament , the whole house of lords , the majoritie of their old secured , secluded , imprisoned fellow-members , the counties , cities , boroughs , freemen , commons , church , clergie of england , their protestant brethren , allies ; contrary to all their oathes , protestations , vowes , leagues , covenants , allegiance , remonstrances , declarations , ordinances , promises , obligations to them , the fundamental laws , liberties of the land ; and principles of the true protestant religion ; and to perswade them now at last to hearken to and embrace such counsels , as tend to publike unitie , safetie , peace , settlement , and their own salvation . by william prynne esq a bencher of lincolns inne . levit. . . thou shalt not hate thy brother in thy heart , thou shalt in any wise rebuke thy neighbour , and not suffer sin upon him ; or , bear not sin for him . tim. . . them that sinne openly , rebuke before all , that others may fear . prov. . , . rebuke a wise man , and he will love thee ; give instruction to a wise man , and he will yet be wiser . jude , . wo to them , for they have gone in the way of kain , and perished in the gainsaying of core . they are trees whose fruit is withered , twice dead , plucked up by the roots . london printed , and are to be sold by edward thomas at the adam and eve in little britain , . conscientious , serious theological and legal quaeres , &c. the wisest of men , and god only wise , informs all sons of wisdom capable of instruction ; that a open rebuke , is better than secret love ; because faithfull are the wounds of a friend , but the kisses of an enemy are deceitfull : whence b he that rebuketh a man , for his exorbitant transgressions , afterwards shall finde more favour , than he that flattereth with the tongue ; by extenuating , excusing or justifying his offences . upon this consideration , i reputed it both a seasonable and christian duty incumbent on me in this day of the late anti-parliamentary junctoes dissipation , humiliation , confusion , and army-officers division amongst themselves , to reminde them fully of , and * rebuke them plainly , sharply , for their manifold treasons , perjuries , and other exorbitant offences against their lawfull protestant kings , kingdom , the late dissolved parliament , the whole house of lords , the majoritie of their fellow-members , the whole english nation , church , ministrie , their protestant brethren , and allies , against all their sacred and civil obligations to them , in a serious , impartial , convincing , least-offensive manner , by way of quaeres drawn from gods word , and plain sacred scripture-texts , and our known laws , which they have most presumptuously trodden under foot , and c would not hearken to , in the daies of their late self exaltation and prosperity , like their predecessors of old among the jewes : when i minded and reminded them over and over , not only in my speech , memento , collections of our antient parliaments , and other publications in the years , . in my epistle to , and first part of my historical collections , and legal vindication ; . my republicans spurious good old cause briefly and truly anatomized ; my true and perfect narrative , and concordia discors in may , and june last , and brief necessary vindication of the old and new secluded members , in september following ; ( wherein i truly predicted their former and present dissolutions by those very army officers with whom they confederated ) which they would not credit , till dissolved by them ; being in good hopes , that they will now at last hear counsel and receive instruction , that they may be wise in their latter end , as god himself adviseth them , prov. . . . whether their speaker mr. lenthall and those confederate members of the commons house , who against their duties , upon pretext of the unarmed london apprentices tumult at the house in july . ( though they secured , secluded no members , but only kept them in the house , till they had read , answered their petition , and then quietly departed ) went away privily to the armie , by the invitation , instigation of some swaying army-officers , without the leave or privitie of the house ; brought up the whole army to westminster and london to conduct them in triumph to the house , caused them to * impeach , declare against , suspend , imprison sundry members of both houses ; nulled all votes , orders , ordinances , proceedings in their absence , by reason of a pretended force upon the house by the apprentices during that space , and declared them meerly void to all intents , by the speakers declaration , and an ordinance of aug. . when as there was no force at all upon the houses during that time , and these members might have freely , safely returned to the house alone , had they listed , without the army , or any one troop to guard them : and afterwards mutinied and brought up part of the armie again to westminster , to * force the houses to passe the votes for no more addresses to the king , ( contrived in a general council of army-officers , and seconded with their declaration when passed by force and surprize in an emptie house ) after that most traiterously and perfidiously f confederated with the army-officers to break off the last treatie with the king in the isle of wight ; to seise the kings person by a partie of the armie and remove him thence against both houses orders , notwithstanding his large concessions and consent to their propositions ; to secure , seclude all the members of the commons house , who after many daies and one whole nights debate , passed this vote according to their judgements , consciences , duties ( carried without dividing the house , notwithstanding the armies march to westminster , and menaces to prevent it ) that the answers of the king to the propositions of both houses , were a ground for the house to proceed upon for the settlement of the peace of the kingdom : which vote of the whole house when there were above members present , about of them only soon after repealed , expunged , ( the manner of carrying on of which design against the king and members , was concluded by a committee at windsor , consisting of . army-officers , wherof col. harrison ( their chair-man , and a member ) and col. rich were two ; . members of the commons house , whereof cornelius holland yet living was one , the . others since dead , . independents , and . anabaptists of london ; wherein a list was made by them what members should be secluded , secured , and who admitted to fit ; this committee resolving to dissolve both houses by force , and to trie , condemn , execute the king by a council of war , if they could not get of the common g house to sit and bring him to justice , as john lilburn one of that committee hath published in print ; ) approved , abbetted the armies forcible , treasonable securing of many members , secluded the majoritie of the house by their vote of jan. . . upon the armie-officers false and scandalous printed answer to them , jan. . touching the grounds of their securing and secluding them , contrarie to their protestation , covenant , the privileges , rights of parliament , the great charter , the fundamental laws and liberties of the nation ; and not content therewith , by their own anti-parliamentarie , antichristian usurpers , to out-act the old gunpowder traytors many degrees , by the armies assistance , and e opposing , advancing themselves against all that is called god and worshipped , they most traiterously set aside , voted down , suppressed the whole house of lords , as dangerous , uselesse , tyrannical , unnecessary ; usurped , engrossed the stile , power of the parliament of england , and supreme authority of the nation , to themselves alone , without king , lords , or majoritie of their fellow secluded members ; created a new monstrous high court of justice , ( destructive to all our fundamental laws , liberties and justice it self ) wherein ( beyond all presidents since the creation ) they most presumptuously condemned , murdered , beheaded their own lawfull hereditarie protestant king ( against all their former oathes , protestations , vows , covenants , remonstrances , declarations , obligations , allegiance , the laws of the land , the principles of the protestant religion , and dissenting votes , protestations , disswasions of the secluded lords , commons , scots commissioners , london ministers ; the intercessions of forein states , and our . whole kingdoms , ) together with protestant peers soon after : after that , close imprisoned my self , sir william waller , sir william lewes , major general brown , with sundrie other members divers years in remote castles , without any hearing , examination , cause expressed , or the least reparatiō for this unjust oppression ; exercising far greater tyrannie over the peers , their old fellow members , and all english freemen , during the time of their regality in every kind , than the beheaded king or the worst of his predecessors ; were not by a most just , divine retaliation and providence ( when they deemed themselves most secure and established ) even for these their transcendent treasons , perjuries , tyrannies , violations of the rights , privileges of parliament , their own sacred oathes , protestation , league , covenant , suddenly dissolved , dissipated , thrust out of doors , apr. . . by cromwel and the armie-officers in a forcible shamefull manner , with whom they confederated all along , though they received new commissions from , & engaged to be true and faithful to them without a king or house of lords , and branded by them to posteritie in their printed declaration , april . . as the corruptest , and worst of men ; intollerably oppressing the people , carrying on their own ambitious designes , to perpetuate themselves in the parliamentarie and supreme authoritie , the archest trust-breakers , apostates , never answering the ends which god , his people , and the whole nation expected from them , &c. col. harrison himself ( the chairman at windsor committee to secure us ) being the very person imploied by cromwell to pull their speaker lenthall out of the chair , and turn him with his companions out of doors ; cromwell himself then stigmatizing sir henry vane , henry martyn , tom challoner and others of them by name , with the titles of knave , whoremaster , drunkard , &c. and not long after to requite his good services , he suddenly turned col. harrison , rich , and their party out of the com-house by force , dissolved their anti-parliamentarie conventicle ( elected only by the armie ) dec. . . whiles they were seeking god for direction ; and soon after cashiered both these * collonels , ( his former greatest instruments ) out of the armie , sent them close prisoners to remote castles garded with armie troops ; and as they and their troops when they seised major general brown , with other members , and conducted them to windsor castle , and other prisons , refused to acquaint them whither they were to be sent : so m. jossop the clerk of their council of state , ( who brought these colonels to the coach at whitehall garden door , when they were conveyed prisoners to remote castles ) and their conductors denied to inform them to what places they were committed ; whereupon they cried out to the troopers which garded them ; gentlemen , is this the liberty you and we have fought for , to be sent close prisoners to remote-garrisons from our wives and families , they will not tell us whither ? will you suffer your own collonels , officers , who have fought for laws , liberties , and have been members of parliament to be thus used ? to which they answered , as themselves did in the like case to other secured members , conducted by them : we are commanded , and must obey , not dispute our orders ; and so were hurried away : as an eye and ear witnesse of the old parliament , related to me within one hour after . yea young sir henry vane himself ( the bold prejudger of our debates and vote in the house touching the kings concessions , if not a promoter of our unjust seclusion for it , ) was-unexpectedly and suddainly , not only thrust out from all his imployments , as well as out of the house , but sent close prisoner by cromwell to carisbrook castle in the isle of weight , the very place where he betrayed his trust to the king and parliament at the treaty , to gratify cromwel , who by an extraordinary strange providence , sent him close prisoner thither for sundry months , to meditate upon this divine retaliation . whether may not all this dissolved juncto and its members , from these wonderful judgements , providences , now conclude and cry out with that heathen cruel tyrant adonibezeck , jud. . . as i have done , so god hath requited me ? and acknowledge the truth of gods comminations against all treacherous betrayers and potent oppressors of their brethern ; obad. . as thou hast done , it shall be done unto thee , thy reward shall return upon thine own head . ps , . , he made a pit and digged it , and is fallen into the ditch which he made ; his mischief shall return upon his own head , and his violent dealing upon his own pate . rev. . , . if any man have an ear to hear , let him hear ; he that leadeth into captivity , shall go into captivity ; he that killeth with the sword , shall be killed with the sword . here is the patience , and faith of the saints . o that all real and pretended saints , in the dissolved juncto and army , would now consider and believe it : as i lately pressed them to do , in the cloze of my good old cause truly stated , and the false vncased ; yet they would not regard it . whether their illegal forcible wresting the militia of the kingdom totally out of the kings hands into their own ; as their only security to sit in safety ; and perjurious engaging all officers , souldiers of the army in england , scotland , and ireland , to be true , faithfull and constant to them without a king or house of lords ( by subscriptions in parchment rolls returned to them under all their hands ) contrary to their former votes , declarations , remonstrances , protestations , oaths , vows , covenants , trusts , yea the very writs , returns which made them members , their own souldiers , army-officers first commissions , declarations , remonstrances , proposals ; and depending on this g arme of flesh , or broken h reed of aegypt , as a most sure invincible guard , security , from all forces , and enemies whatsoever that might assault , dishouse , dethrone them from their usurped supream regal and parliamental authority over the three nations , and their hereditary kings , * whom they would not have to reign over them ; hath not been most exemplarily and eminently requited by gods avenging providence , in making the very self-same army most treacherous and perfidious to themselves , to rise up , rebel against them several times , and turn them out of house , power on a sudden when they deemed themselves most secure ; to make themselves more than kings and lords over them and our whole . kingdoms ; and i an host of the high ones that are on high upon the earth : reviving that ataxie , which solomon complained of as a great error in government , and a divine judgement upon the authors of state-innovations . eccles. . , , , . folly is set in great dignity , and the rich sit in low place ; i have seen servants on horseback , and princes walking as servants upon the earth . he that diggeth a pit shall fall into it , and who so breaketh an hedge a serpent shall bite him : whosoever removeth stones shall be hurt therewith , and he that cleaveth wood shall be endangered thereby ? whether that curse and judgement , jer. . , . thus saith the lord , cursed be the man that trusteth in man , and maketh flesh his arm , and whose heart departeth from the lord ; for he shall be like the heath in the desart , and shall not see when good cometh ; but shall inherit the parched places in the wilderness , a salt land , and not inhabited : hath not justly befallen them and our nation , for relying on & trusting to an arm of flesh , an * assembly of treacherous men , whom themselves taught , encouraged to be treacherous , perjurious to the king , parl. lords , their fellow-members , and k thereby to themselves ; yet voted , cried them up for their faithfull army , saviours , deliverers , protectors , shields , and only safeguard , after they had dealt treacherously with themselves , and all their other superiors ; and proved like m aegypt to the israelites who trusted on them : when they took hold of thee by the hand , thou diddest break and pierce through the hand , and rent all their shoulder , and when they leaned upon thee , thou brakest and madest all their loins to be at a stand ; yea , dissolved , and n broke them in pieces like a potters vessel , so that there shall not be found in the bursting of it , a sheard to take fire from the hearth , or water out of the pit . and may we not then take up this song of the lamb ? rev. . , . great and marvellous are thy works lord god almighty ; iust and true are thy wayes thou king of saints ; who shall not fear thee , ô lord , and glorifie thy name , for thy iudgements are made manifest ? whether their clandestine , sudden , indirect stealing into the commons house again , may . . upon the army-officers invitation and declaration , ( who formerly turned them out of it with highest infamie , contempt and desamation april . . ) after about . years dissolution , and . intervenient vnparliamentary conventicles , ( wherein manie of them sat as members , and acted as in parliaments ) by pretext of their old writs and elections as members of the long parliament , actually and legally dissolved by their traiterous beheading of the king near . years before , as i have * elsewhere proved ; without any new writs of summons , resummons , elections , or the privitie of their former electors or fellow-members : their forcible secluding of my self , sir george booth , mr. ansly , and all other formerly secluded members , and others not fitting with them from . til april . . by army-officers and guards of souldiers placed at the door for that end , and their justification , and continuing of this new seclusion as well as the old : their usurping to themselves the title , power of the parliament of the commonwealth of england , scotland and ireland , and supreme authority of the nation : their exercising both the highest regal , parliamental , legislative , tax-imposing power over our nations , ( the worst , highest of all other treasons ; ) their creating new unheard of treasons , exiles by their bare proclamations , imposing new intollerable taxes , excises , militiaes on the whole nation , against all laws , and our fundamental liberties , franchises . their most injurious , illegal , unpresidented proclaming of sir george booth , sir thomas middleton , with other old and new secluded members of the long parliament , and all their adherents , traytors , enemies to the common-wealth , and apostates , not only in all counties and corporations , but churches and chapels too throughout the nation , to abuse both god and men , only for raising forces by virtue of ordinances and commissions granted them by the long parliament ( which themselves pretended to be still continuing ) to defend the rights and privileges of parliament , to call in all the surviving members of both houses to fit with them , or procure a free and full parl duly summoned , aecording to the protestation , vow , league , covenant , and laws of the land , being their own and the whole nations birthright , for defence whereof the armie it self was both raised , continued , and themselves in their proclamation of may . . and declaration of march . . promised inviolably to maintain ; which their own consciences knew to be no crime nor treason at all , but an honest , legal , honorable , necessarie undertaking , justified by all their former votes , orders , ordinances , commissions for raising forces against the kings partie for the self-same end : and themselves greater traitors , enemies to the kingdom and republike , than strafford , canterbury , or the beheaded king , in proclaming their defence of this undoubted inheritance of all english freemen against their tyrannical usurpations thereon , to be treason and apostacy : their sending out major gen. lambert , ( who invited them into the house may . conducted them into it , but secluded sir g. booth & other members out of it , may . took a new commission from them afterwards in the house , and promised with manie large expressions , to be true , faithfull , constant , and yield his utmost assistance to them , to sit in safety and support their power ) with great forces against sir george booth and all his adherents in this cause , being the majority of the old parl. and of the people of the nation , and the true old parliament if continuing , to levie actual warr against them ; declared * high treason by sundrie votes and former declarations , and so resolved by themselves in their impeachments against the beheaded king , the earl of holland , lord capel , and sundrie others ; who accordingly levied war against them , routed their forces , reduced their garisons , imprisoned their persons , sequestred , confiscated their estates as traitors ; secured , disarmed sir will. waller , mr. holles , with sundrie other old members , promised rewards for bringing in the persons or heads of others they endeavoured to secure , against all rules of law , and christianitie ; kept a publike humiliation for their good successe against sir george booth and his adherents , and after their defeat a publike thanksgiving through westminster and london , to mock god himself ( * who will not be mocked ) to his very face , and ordained a publike thansgiving throughout the whole nation , to abuse both god and them , for their great deliverance from the most dangerous plot and treason of sir george booth , and his party ; ( to bring in all the old members to sit with them , without turning those then sitting out , or to procure a free parliament , ) that so their anti-parliamentary conventicle , by this pretext , might exercise a perpetual tyrannie , and parliamental authority over them ; and none thenceforth dare demand a full and free parliament for the future , under pain of highest treason , apostacie , and the losse of their very heads and estates ? whether all these their transcendent high treasons , with their former , against the k. secluded members , lords , parliament , people , were not by a most signal miraculous providence and justice of god himself recompenced immediately after upon their own , lamberts , and other armie-officers heads , by making their routing of sir george booth and his party , after their first thanksgiving for it , before the next day of general thanksgiving came , the very occasion of their sudden unexpected dissolution : . by over-elevating lamberts , his officers and brigades spirits , ( notwithstanding the signal marks and rewards of their favours towards them , for the present , and future promises of advancement for their fidelity to them in this service ) to enter into contestations with them by their petition and representations . ly . by raising the differences and jealousies between them to such a height and open enmitie , notwithstanding all their large votes & compliances to satisfie them , all means , mediations of friends , and the londoners publike feast on their thanksgiving day , to reconcile them ; as to incense the juncto to vote major harrison ( a chief agent , chairman for the old members first seclusion ) uncapable of any publike trust or office : to vote lambert , disbrow , creed , and more field officers out of their commands , null their commissions , and dispose of their regiments to the next officers , without any hearing or examination ; if not threatning to commit lambert to the tower as a traytor ; to repeal fleetwoods commission and knack to be lieutenant general of their forces in england and scotland ; and put the command of the army and new militia under . commissioners , to wrest the power of them both into their own hands . ly . by exasperating lambert and his confederates by these votes so far against them , & giving them such favour with the armie , as to draw up the greatest part of the forces about london in battel array against them ; and notwithstanding their partie in the armie , whereof they had made many of themselves colonels , their interest in the militia of westminster , london , southwark , and sir henry vanes two regiments of gathered churches ( who were disgregated and kept their chambers all that day , not one of them appearing in the sield , because their valiant collonel took a clyster pipe into his fundament , instead of a lance into his hand in the day of battel , and durst not hazard a broken pate in the quarrel ; ) and then in a hostlle warlike manner to besiege many of them in whitehall , block up all passages to the house , seise upon their old speaker with his coach , mace , and new general ( without a sword , armie , troop or company ) from whose hands they had freshly received their commissions , turning him back from whence he came ; to charm all the junctoes forces so , as to march away without drawing one sword , or shooting one bullet in their defence , so true , faithful , were they to their good old cause , as well as to their new protectors , as to deem neither of thē worth one bloodie nose . . by engaging lambert & his party , notwithstanding all endeavoured & seeming accommodations between them , to seise upon their house , and their provisions of ammunition and victuals in it : to lock up the doors , and keep constant guards upon the stairs to seclude all these their new lords and masters , as they did on may , . and afterwards seclude their fellow-members ; and not content herewith , by a printed plea for the army , and declaration of the general council of the army , sitting at wallingford house , which called them in , and thus shamefully not long after turned them out of doors , ( usurping to themselves both a regal authority to call and dissolve parliaments , ( as they repute and stile them ) and a parliamental too , in making and repealing acts of parliament ( as they deem them ) at their pleasure ; ) they not only justifie this their forcible ejectment , seclusion to all the world by lex talionis , even their own abetting , approving , justifying the armies former seclusion of the major part of their fellow members , who were the house , & the whole house of lords , and securing the leading members , when overpowred by them , and appealing to the armies judgements therein : but also put a period to their assemblie : branded , nulled , repealed , declared their last votes , acts , proceedings void to all intents and purposes whatsoever , as if they had never been made ; censured them as imperfect , ineffectual , irregular , unparliamentary , illegal , pernicious , rash , inconsiderate ; branding each other in several printed papers , for traytors , trust-breakers , treacherous , perfidious , faithless , vnrighteous , ambitious , self-seeking usurpers of the soverain power , oppressors of the free people of england , and invaders , betrayers of their liberties & birthrights : thereby declaring the old secluded members , the only honest , faithfull , constant , consciencious men , adhering to their good old cause , oaths , covenant , principles , and the publique interest ; and sir george booth himself to be no traytor , but truer patriot of his country than any of themselves , as dying purefoy openly acknowledged before his death , and others of them confesse in private , since even lambert himself hath done and exceeded that work , they feared he would doe , by dissolving their conventicle , & turning thē out of house & power , which sir george did not design . whether all these strange unparalleld , sudden , unexpected animosities , divisions between themselves ; their uncommissioning , dissolving , cashiering , disofficing one another , ( which i truly predicted to them from scriptures and former providences , in my good old cause truly stated ; my true and perfect narrative , p. . . and vindication of the old and new secluded members , p. , . ) be not the very finger of god himself , the lords own doing , truly marvellous in all our eyes ; yea the very particular judgment menaced by god himself against all such traitors and innovators , as most audaciously and professedly violate , with the highest hand this divine precept , prov. , , . my son fear thou the lord and the king , and meddle not with those that are given to change ; for their calamity shall soddenly arise , and who knoweth the ruine of them both ; and a verification of prov. . ? if not a divine infliction of the very confusion and punishment denounced by god himself against aegypt of old for their crying sins , isay . , &c. i will set the aegyptians against the aegyptians , and they shall fight every one against his brother , and every one against his neighbour , city against city , and kingdom against kingdom : and the spirit of aegypt shall fail in the midst thereof , and i will destroy the counsel thereof . surely the princes of zoan ( the juncto , and armies general council ) are become fools ; the princes of noph are deceived ; they have also seduced egypt , even they that are the stay of the tribes . thereof . the lord hath mingled a spirit of perversities amongst them , & they have caused egypt , ( yea england , ) to erre in every work thereof , as a drunken man staggereth in his vomit ; neither shall there be any work for aegypt , which the head or tayl , branch or root may do ; to defend or establish themselves or their pretended yet unformed free-state . and may not they all then and others too upon the consideration of all the premises , justly cry out with the apostle in an holy admiration , rom. . . o the depth of the riches both of the wisdom and knowledge of god! how unsearchable are his iudgements , and his wayes past finding out ? . whether the juncto and their high court of injusticemen , who had any hand , vote , in the traiterous , perfidious beheading of their late protestant king , the head of the parliament ; dissolving and blowing up the whole house of lords , the majoritie of the commons house , the whole old parliament , kingdom , kingship ; the prince of wales , next heir and successor to the crown ; the rights , privileges , freedom of parliament , the fundamental laws , liberties , government of the nation , and our established protestant religion , against all their oathes , allegiances , trusts , duties , votes , declarations , remonstrances , protestations , vows , solemn leagues , covenants obliging them to the contrarie ; can with any faith , boldness , confidence , pietie , or real devotion appear before the presence of god , angels , men in any of our congregations on the of november , the * joyfull day of our deliverance , from the popish gunpowder treason , publikely celebrated every year ; to render publike thanks to almighty god , and ascribe all honour , glory and praise to his name , for his great and infinite mercy in delivering the king , queen , prince , lords-spiritual and temporal when assembled in the lords house , nov. . an. . ( from this plot of malicious , divellish papists , jesuites and seminary priests , who maligning the happiness and prosperity of our realm , church and religion under a protestand king , and its promising continuance to all posterity , in his most hopefull , royal , plentiful progeny , intended to blow them all up suddenly with gunpowder , but were through gods great mercy miraculously delivered from this suddain horrid treason , by a wonderful discovery thereof some few hours before it was to he executed ; ) when as themselves have outstripped them by many degrees in executing , accomplishing far more than what they only intended , but could not effect ; yet reputing themselves protestants , and the eminentest of all saints ? whether they can without the greatest horror of conscience , confusion of face , spirit , consternation of minde , and grief of heart , henceforth presume to appear before the presence of god , or any english protestants at any time , especially on this day , before they have publickly lamented , confessed , repented , and made some open eminent satisfaction , for those transcendent new gunpowder-treasons , far worse than the old of the jesuits and papists , by whom they were acted in this ; especially if they consider gods expostulation with such sinners . ps. . , . what hast thou to do to declare my statutes , or that thou shouldest take my covenant in thy mouth ? seeing thou hatest instruction , and hast cast my words behind thee . when thou sawest these powder-traycors , thou consentest with them , and hast been partaker with these murderers , and adulterers . and that of rom. . , , . therefore thou art inexcusable , o man , whoever thou art that judgest : for wherein thou judgest another , thou condemnest thy self : for thou that judgest , dost the same things . but we know that the judgement of god is according to truth , against those who commit such things . and thinkest thou this , o man , that judgest them which do such things , and dost the same , ( nay worse ) that thou shalt escape the judgement of god , & c. ? . whether those turn-coat peace-abhorring , self-seeking , shameless members , and lawyers , who ( though not fifty in number ) sitting under a force after the seclusion of the majority of their fellow-members , decemb. . resolved , that the vote passed in a full house july . . that a treaty should be had in the isle of wight , with the king in person , by a committee appointed by both houses , upon the propositions presented to him at hampton court : was highly dishonorable to the procéedings of parliament , and destructive to the peace of the kingdom . and that the vote of . decemb. . ( passed without dividing the house when there were members in it ) that the answers of the king to the proposition of both houses , are a sufficient ground for the house to proceed upon , for the settlement of the peace of the kingdom : is highly dishonorable to the parliament , and destructive to the peace of the kingdom , and tending to the breach of the publick faith of the kingdom . and in their declaration of . january . expressing their reasons for annulling and vacating these votes in this manner ; declared them to be highly repugnant to the glory of god , greatly dishonorable to the proceedings of parliament , and apparently destructive to the good of this kingdom : ( adding ) yet we are resolved , and that speedily , so to settle the peace of the kingdom by the authority of parliament , in a more happy way than can be expected from the best of kings ; which they never since performed in the least degree , but the direct contrarie , embroiling us in endless wars , seditions , tumults , successions , revolutions of new-modelled governments , and anti-parliamentary conventicles ever sithence . after that suppressed our kings and kingly government , as the instruments , occasions of tyranny , injustice , oppression , luxury , prodigality and slavery to the commons under them ; together with the whole house of lords , as dangerous , vselesse , dilatory to the procéedings of parliament , &c. in their votes of febr. . and declaration of martii . expressing the grounds of their late proceedings , and setling the government in way of a free state . next , prescribed , subscribed an ingagement to be true and faithfull to the commonwealth established by them without a king or house of lords . yet afterwards in their new modelled parliament ( as they reputed it ) april . by their petition and advice , ( as first penned , passed and presented to cromwell for his assent : ) declared the revival of kingship and kingly government , absolutely necessary for composing the distractions , and setling the peace and tranquillity of our nations ; advised , petitioned , and pressed him to accept the name , title , power and soveraign authority of a king , over our three kingdoms , and the dominions thereunto annexed ; voted him to be king thereof , with a constant revenue of no lesse than twelve hundred thousand pounds a year in perpetuity , and five hundred thousand pounds more for . years space , out of the peoples exhausted purses , after most of the antient lands and revenues sold , when as they themselves affirmed and published in their declaration of march . . p. . that the justisiable , legal revenue of the crown under king charls ( besides the customs and some other perquifites , charged with the maintenance of the navie and forts ) fell short of one hundred thousand pounds per annum . this new-augmented revenue for their new king olivers support being above . times more than any of our lawful kings ever enjoyed . and when cromwell pretended dissatisfaction in point of conscience , to receive the kingship and kingly government on him ; the very lawyers , members , officers , who drew the declarations and reasons for abolishing kingship , kingly government and house of lords , were the committee appointed to confer with him . several times , & draw up reasons to satisfie him , why he might and ought in reason , law , policie , conscience to accept the kingship and kingly title , for his own and the publike safety . which he refusing ( against his desire ) they voted him their royal protector , took an oath to be true and faithfull to him , and to his son richard after him , and to act nothing against their persons or power ; created themselves another house , assumed to themselves the title of lords , and the house of lords , notwithstanding their engagements against is under all their hands . yet soon after dethroned their young protector , nulled all his conventions wherein they sate , with all lordships , knightships , and offices granted by their protectors , as illegal ; revived their anti-parliamentary juncto , after it had layen buried in oblivion above years space , in may last ; and in july following prescribed a new oath and ingagement to all officers , & others who would enjoy the benefit of their knack of indemnity ; to be true , faithful and constant to their common-wealth ( though yet unborn ) without a single person , kingship , or house of lords ? whether such double-minded men , unstable in all their wayes , jam. . . can ever be deemed chosen instruments ordained of god , to settle the peace , or government of our nations ? whether the prophet isay chap. . and the apostle paul , romans . . &c. have not truly characterized them : there is none righteous , no not one ; there is none that understandeth , there is none that seeketh after god ; they are all gone out of the way , they are all together become unprofitable , there is none that doth good , no not one : their throat is an open sepulcher , with their tongues ( yea oathes , protestations , declarations , covenants ) they have used deceit , the poyson of asps is under their lips : their feet are swift to shed bloud , ( the bloud of their protestant king , peers , brethren , allies , fellow-subjects , by land and sea , at home and abroad , in the field , and in new butcheries of highest injustice , ) destruction and misery are in their wayes , and the way of peace they have not known ; there is no fear of god before their eyes : they have made them crooked pathes , whosoever goeth therein shall not know peace . therefore is judgement far from us , neither doth justice overtake us ; we wait for light , but behold obscurity ; for brightness , but we walk in darkness : we grope for the wall like the blind , as if we had no eyes , we stumble at noon-day , as in the night ; we are in desolate places like dead men : we roar all like bears , and mourn sore like doves ; we look for judgement , but there is none ; for salvation , but it is farr off from us . . whether god himself hath not given the anti-parliamentary juncto , and general council of army-officers hitherto , in their jesuitical project of bringing forth a mis-shapen monstrous commonwealth , and whymsical freestate , to establish things amongst us , a miscarrying womb , and dry brests ; so as we may justly say of them as the prophet did of ephraim , hos. . , , . . ephraim is smitten , their root is dryed up , it shall bear no fruit ; yea , though they bring forth , yet will i even slay the beloved fruit of their womb : their glory shall fly away like a bird , from the birth , and from the womb , and from the conception ; as their commonwealth whimsies have done ? whether gods signal over-turning , and forcible dissolving the juncto by the army-officers , twice one after another in the very generation of this jesuitical brat , before it was formed in the womb , to disinherit our antient hereditarie legitimate kings and kingship , and their turning of all things upside down ( our kings , kingdoms , parliaments , lords house , lawes , liberties , oathes , church , religion , to make way for its production ) hath not been like the potters clay , ( a rude deformed chaos , without any lineaments , or shape at all ; ) so as the work yet saith of him that made it , he made me not ; and the thing formed saith of him that formed it , he hath no understanding , isa. . ? whether these new babel-builders , whiles they have been building this new city and tower , to keep them from being scattered upon the face of the whole earth , * have not like the old babel-builders , been confounded in their language by god himself , that they might not understand one anothers speech , and scattred abroad thence upon the face of the earth , though guarded by their faithfull army , on whom they relyed for protection , so that they left off to build their babel , like them ? their city of confusiō is broken down , & every house ( yea their own parl. house ) shut up ; in the city is left desolation , and the gate is smitten with destruction . isay . , . it shall lie waste from generation to generation , none shall passe through it for ever and ever ; but the cormorant & the bittern shall possess it ; the dwl also & the raven shall dwell in it , and he shall stretch out upon it the line of confusion , and the stones of emptiness ? whether their and the armies endeavours to set up an vtopian commonwealth , instead of our old hereditarie kingship , is not a * direct fighting against god , and the express precepts , ordinances of god himself , prov. . , . c. . . c. . , . rom. . , . tim. . , , . tit. . . pet. . . ? yea against the good providence , mercie , favour of god towards our kingdoms and nations for their establishment ; the want of a lawfull , hereditary king , to reign over a kingdom and nation , and a multiplicity of governors , kings , ( especially of inferiour rank ) and reducing the people to such a confused sad condition ; that they shall call the nobles thereof to the kingdom , but none shall be there , and all her princes shall be nothing ; so that she hath no strong rod left to rule , being a matter of present and future lamentation , a severe judgment of god for their sins , and wickednes , yea an occasion of all wickedness , licentiousness , villanies , confusion , and an immediat forerunner or concomitant of tha kingdoms and nations desolation , ruine by gods own resolution , hos. . . c. . . . ezech . , . , isa. . , , . judges . &c. c. . . &c. c. . . prov. . . c. , . hab. . . , . and is it not so now of ours ? . whether the late peition and advice . to reduce us again to a kingdom and kingship , to which w. lenthal , mr. speaker , whitlock , & many others of the dissolved juncto assented , as it was first penned , voted , passed by them and many army-officers , as the only means to settle us in peace , honor , safety , prosperitie ; be not a convincing argument , that in their own judgements , conscience ; kings & kingly government , are englands only true interest , to end our wars , oppressions , distractions , prevent our ruine , and restore our pristine unitie , peace , honor , safety , prosperitie , trade , glorie ? and whether it be not a worse than bedlam madness , and grosse error both in policie and expeperience in our republican juncto and army-officers , to endeavour to erect utopian , jesuitical republike among us , ( which hath produced so many sad publique changes , confusions , and made us a meer floating island , tossed about with every winde of giddy-brain innovators ) as the only means of our firm , lasting happinesse ; and to prevent all future relapses to monarchie after king charls his beheading ; which this notable censure of the incomparable philosopher * seneca passed against that great republican and anti royallist , m. brutus , will abundantly refute . cum vir magnus fuerit in aliis , m. brutus , mihi videtur in hâc re vehementer errare , qui aut regis nomen extimuit , cum optimus civitatis status sub rege justo sit : aut ibi speravit libertatem futuram ubi tàm magnum praemium erat , et imperandi et serviendi ; futuramque ibi aequalitatem civilis juris , et staturas suo loco leges , ubi viderat tot millia hominum pugnantia , non ne serviret , sed utri : ( our present condition between the ambitious , usurping antiparliamentary juncto , and divided army-commanders , all contending which of them shall be the greatest , and who shall most oppress , enslave our nations to their tyrannie , farr more exorbitant than the very worst of all our kings ) quantum verò illum , aut rerum natura , aut vrbis suae tenuit oblivio qui uno interempto ( rege ) defuturum credidit alium qui idem vellet ; cum tarquinius esset inventus post tot reges ferro et fulmine occisos ; even in rome it self , and we in england since the beheading of king charles , and voting down kings , kingship , with the old house of lords , and ingagements against them , have soon after found , a more than royal protector oliver , usurping the wardship of our poor infant common-wealth , aspiring after a kingship and crown whiles living ; and crowned in his statue , herse , scutcheons as both king and conquer or of our three kingdomes after his death ; bearing three crowns upon his sword , as an emblem of it : a momentanie protecter richard after him ; a new self created other house , assuming to themselves the title of lords & the house of lords ; after an old lords house suppressed ; since that , a charles fleetwood , and john lambert , aspiring after the soveraign power , as their late and present actions , declarations more than intimate , and dissolved juncto affirm : and an exiled hereditarie king charles , with a numerous royal posteritie after him , claiming the crown and kingship by lawfull indubitable right , declared , ratified by the vnrepealed statutes of jacobi , c. . jacobi , c , , , jacobi c. . the * oathes of supremacy , allegiance , fealty ; of all mayors , recorders , freemen of every corporation and fraternity , of all justices , judges , sheriffs , officers of justice , graduates in vniversities or innes of court , ministers , incumbents , all members of the commons house of parliament , and all other freemen sworn in our leets ; who by the powerfull assistance of their forein friends and allies , and domestick , oppressed , discontented , divided , ruined subjects , will in all probabilitie be restored to the crown , sooner or later , ( as aurelius ambrosius after the murder of his father and brother by the vsurper vortigerne , ) was called in , restored and crowned king by his own british subjects , to deliver them from vortigerns and his invading saxons tyranny , after years usurpation ; and edward the confessor , called in and crowned king by his nobles and subjects , after . years dispossession of his right by the danish vsurpers , and all the danes expelled , without any effusion of blood ; as i have * elsewhere evidenced at large out of our best historians . . whether gods extraordinarie sudden treble miraculous overturning . of the juncto when best established and most secure , after their victorious successes against the irish , scots , hollanders , worcester-fight , and league with spain by their own general cromwel april . . without one drawn sword or drop of bloud , . of protector * richard ( and his brother henry too , deputy of irel. ) by his brother fleetwood , unkle disbrow , & other army-officers , after all their oaths , and addresses to him from them and all the officers , soldiers , navy , most counties , corporations in england , scotland , ireland to be true , faithful , loyal , obedient to , and live and die with him , in the midst of his parliament , declaring , voting for , and complying with him ; when most men thought it impossible to overturn or depose him . ly , of the revived antiparliamentary juncto , after sir george booths , and all their visible opposites total rout and disappointment , when * themselves and others esteemed them so well rooted , guarded , that there was no hopes nor possibility left of dissipating , dissolving them , or abolishing their usurped regal and parliamental power , even by the very instruments that called them in , and routed their enemies ; be not a real , experimental verification of ezech. . , . by way of allusion to our own governours and kingdom , thus saith the lord god ; remove the diadem , and take off the crown ; exalt him that is low , and abase him that is high : i will overturn , overturn , overturn it , till he shall come whose right it is , and i will give it him ? . whether the late junctoes and army-officers doubling , trebling , quadrupling of our nations monthly taxes , excises , militiaes , grievances , oppressions of all kinds by their usurped power ; their consumption , devastation of all the crown-lands , rents , and standing revenues of the kingdom ; of bishops , dean and chapters lands , and many thousands of delinquents real and personal estates , and greatest part of most mens privat estates , only to make them greater bondslaves to them than ever they were to any kings ; without benefiting or easing them in any kind ; and to murder one another by intestine , unchristian warrs , butcheries : and their monstrous giddiness , intoxication in all their premised councils , new models , and rotations of government , ever since they turned the head of our kingdoms ( which should rule , direct the whole body ) downwards , and the heels uppermost , to animate and steer it , against the course of nature , the rules of law , policie , christianitie : and gods * hedging up all their new by-wayes with thorns , and making a wall cross them , that the people are not able to find their pathes : nor to overtake , nor finde their new lovers they have hitherto followed and sought after , and those mad new whymfies the jesuites infuse into their pates from time to time , to make them and our nation ridiculous to all the world till utterly destroyed : may not justly engage our three distracted nations , and themselves too now , at a total loss ; to resolve and say with the israelites , ( when revolted from their rightfull kings of the house of david in the like case ) hos. . . i will go and return to my first husband , for then was it better with me than now : and to imitate the israelites in the case of king david when expelled his realm by his usurping son absoloms rebellion , after his rout and slaughter , sam. . . &c. and all the people were at strife throughout all the tribes of israel , saying ; the king saved us out of the hands of our enemies , and he delivered us out of the hands of the philistins ; and now he is fled out of the land for absolom , and absolom whom we anointed king over us , is dead in battel ( as their pro. oliver , richard and dissolved juncto are in a moment ) now therefore why are ye silent , and speak not a word of bringing back the king to his house : and zadok and abiathar the priests , spake unto the elders of judah saying ; why are ye the last to bring the king back to his house ; seeing ye are his brethren , of his bone and his flesh ? and amasa bowed the heart of all the men of iudah , even as one man , so that they sent this word unto the king ; return thou and all thy servants . so the king returned to jordan ; where all the people of iudah , and half the men of israel met him , and conducted him safe to gilgal ; and the men of judah c●ave unto their king from jordan even to ierusalem ; and re-established him in his kingdom . whether this be not the only safe , true , legal , prudential , christian , speedy and ready high-way to their present and future peace , ease , safety , settlement , wealth , prosperitie , both as men and christians , without any further effusion of christian bloud , expence of treasure ; not other new vertiginous models , army councils , treaties , tending to further confusions ; ( out of which the nobilitie , gentry , ministry , freeholders , citizens , burgesses , merchants , commons , sea-men , parliaments of our . nations are totally secluded , like meer cyphers , by the juncto and army-usurpers , as if they were meer aliens , and wholly unconcerned in their own government , settlement , who will never acquiesce in any thing , but what themselves in a free parliament shall resolve on . ) * consider of it , take advice , and speak your minds , without fear , hypocrisie , or partiality . and whether we be not a people marked out and fitted for inevitable destruction ( having all the symptoms , fore-runners of it and sins that hasten it now lying upon us ) if we * brutishly reject this only means of our preservation , and follow the destructive whymsies of those giddy-pated usurping raw stears-men ? of whom we may justly say with the prophet isay . , , . behold the lord of hosts doth take away from jerusalem and judah the stay and the staff , the honourable man and the counsellor : and i will give children ( in state-affairs and understanding ) to be their princes , and babes shall rule over them . and the people shall be oppressed every one by another , and every one by his neighbour : the child shall be have himself proudly against the ancient ; and the base against the honourable ( as now they doe ; ) o my people , they which lead thee , cause thée to erre , and destroy the way of thy pathes ; and they that are led of them ( in their new jesuitical by-wayes ) are destroyed , by intestine divisions and forein invasions , as in isay . . to . a sad emblem of our present condition , and approaching destruction , worthy our saddest meditations . whether the twice dissolved anti-parliamentary juncto by their own knack of the . of october , and paper printed by their special permission and command since their dissolution ; intituled , the parliaments plea ; declaring , resolving , p. , , . that the people of england are of right , a frée people , to be governed by their own elected deputies and trustees in parliament ; it being owned on all hands , both by parliament and army , and all the good people engaged with them . that the people under god are the original of all just authority ; and other original and foundation no man may lay . that to deprive or deny the people of this inheritance , is treason , rebellion and apostacy from the good did cause of the english nation ; for as much as a people free by birth , by laws , and by their own prowess , are thereby rendred and made most absolute vassals & slaves , at will & power ; and greater treason than this no man can commit . that to levy money upon the people without their consent in parliament is treason , for which every man that so assesses , collects , or gathers it , is to be indicted for his life , and must dye as a traytor ; not only by their late knack , but by the fundamental good did laws of the land , against which no by-law is to be made : this being a fundamental law , and one of the main birth-rights of england ; that no tax or levy is to be layd upon the people but by their consent in parliament ; be not guilty of the greatest , highest treason , rebellion and apostacy from the good old cause of the english nation , ( and the army-officers too confederating with them ) by depriving and denying the free people to be governed by their own elected representatives & trustees in a free parl. by secluding four parts of five of the knights , citizens , burgesses , & barons of ports out of the long parl. whiles in being dec. . with armed power : by usurping to themselves the royal , parliamentary legislative supream authority over the people , and laying , assessing , levying , intollerable excessive taxes , excises , militiaes upon them , without , yea against their consents and protestations ; and without the consents of the farr greater part of the commons house , the king or house of lords , which they forcibly secluded , suppressed , destroyed , against their fundamental laws , liberties , privileges , birth-rights , protestations , declarations and solemn league and covenant ; by making them most absolute slaves , vassals from . till their dissolution in april . . and invading , inslaving , destroying their protestant brethren of scotland , and allies of holland by land and sea , to the undermining , endangering of the protestant religion ; by imposing new oaths and engagements on them diametrically contrary to the oathes of supremacy and allegiance ( which they all solemnly took as members before they entred the house ) and disabling all to sue in any court , or enjoy the benefit or protection of the laws for which they fought , and to which they were born heirs , who refused to take their treasonable , perfidious ingagements ; by securing , imprisoning thousands of freemen , close imprisoning sundry members of the old parliament , ( my self amongst others ) divers years in remote castles , and keeping us from gods publike ordinances , without any accusation , hearing , trial , or legal cause of commitment , expressed in their warrants . by presuming upon the army and officers sodain invitation after the old parliaments dissolution by the kings death , and their above . years dissipation by the army , without the election or privity of the people , to sit and act as the parl. and supream power of the nation ; to seclude at least . parts of . of the old surviving members by force , and proclaiming sir george booth , sir thomas middleton and other members and freemen of england traytors , and levying war against them , only for raising forces to induce them to call in all the old secluded members , or to summon a new free parliament , and for opposing their new illegal taxes , excises , militiaes , imposed and levyed on the people , without their common consent in parl. deserve not to be all indicted , executed , and their estates confiscated as traytors , for these their successive reiterated high treasons by their own resolutions , & sir george & his adherents totally acquitted frō the least imputation or guilt of treason ? whether their branding , sequestring them for traytors , apostates , enemies to the publike against law & conscience too , hath not justly brought that wo & judgment upon their conventicle , isa. . , , . wo unto them that call evil good , and good evil ; that put darknesse for light , and light for darknesse ; that put bitter for sweet , and sweet for bitter ; and take away the righteousnesse of the righteous from him . therefore as the fire devoureth the stubble , and the flame consumeth the chaff , so their root shall be rottennesse , and their blossom shall go up as dust ; because they have cast away the law of the lord , ( and of the land too ) and despised the name of the holy one of israel . for all this his wrath is not turned away , but his hand is streched out still . whether the anti-parliamentary junctoes and army-officers , beheading of their late protestant king , against the votes , protestations , of the generality of the parliament and his . protestant kingdoms , and mediations of all foreign protestant agents then in england ; their banishing , expelling his royal protestant heir , successor to the crown , with all the rest of his children ( professing the reformed religion ) out of all their protestant realms and dominions ; their invading of their protestant brethren in ireland and scotland , in an hostile manner with potent armies , and waging warr against them in their own countries , and after that against their own protestant brethren in england , as professed enemies , traytors , apostates ; slaying divers thousands of them in the field ; imprisoning , banishing , disinheriting , sequestring many thousands more of them , only for owning , crowning , assisting their own hereditary protastant king ( according to their oathes , covenants , lawes , homage , allegeance , duties , and principles of the protestant religion ) to regain and retain his royal authority and kingdoms . their waging of a most bloudy destructive war with our antient protestant allies of holland above . years space together , to the slaughter of many thousands of their and our gallantest protestant seamen , admirals , sea-captains , of purpose to banish their own exiled protestant king , his brethren and followers out of the netherlands from the societie and charitable relief of their protestant friends where they lived as exiles , enjoying the free prosession of the reformed religion , and communion , prayers , contributions of the protestant churches ; on purpose to drive them into popish quarters amongst seducing jesuites , priests , papists , to cast them wholly upon their alms , mercy , benevolence , and by these high indignities , and their pressing necessities , to enforce them ( if they can ) to renounce the protestant religion and turn professed papists : their most unhuman , unchristian barbarism , in depriving them totally of all means of subsistance , by seising all their revenues without allowing them one farthingout of them towards their necessary relief ; yet enacting it high treason for any of their protestant subjects , friends , allies within their realms or dominions , to contribute any thing toward their support , to hold the least correspondency with , or make any publique prayers unto god for them : as if they were worse than turks , jews , infidels , and most professed enemies ; for whom we are not only commanded , obliged to pray , but also to love , feed , cloth , relieve , harbor them in their necessities , overcoming their evil with goodness , by christs own example and expressprecepts , under pain of everlasting damnation ; be a conscientious saint-like performance of and obedience to , or not rather an atheistical obstinate , presumptuous rebellion against the tim. . , , . mat. . , . c. . . c. . , to . luke . . to . c. . . to . c. , . acts . . rom. . , , , . c. . , to . c. . , . cor. . , . jam. . . and other sacred texts ? a religious , zealous observation of their * sacred solemn protestations , vows , covenant , remonstrances , declarations , oathes for the maintenance , defence and propagation of the true reformed protestant religion , the profession and professors of it , against the bloudy plots , conspiracies , attempts , practices of the iesuites , and other professed popish enemies and underminers of them ? or not rather a most perfidious , treacherous violation , abjuration , and betraying of them ? a loving of their protestant brethren , with a true heart , fervently , and laying down their lives for them , and being pitiful , mercifull , compassionate towards them , according to these gospel-precepts , eph. . . c. . , . pet. . . c. . . c. . . john . . . . c. . , , . , . john . . c. . . . or not rather a shuting up their bowels of compassion towards them ; a grieving , offending , persecuting , murdering of their bodies and souls too ; and an infallible evidence , that they are yet no real saints or children of god , but the very children of the devil , abiding in death , having no true love of god , nor eternal life abiding in them , by christs own resolution , john . , . john . . to ? a professed antichristian contradiction to the reiterated command and voice of god from heaven , isay . . cor. . . rev. . , , , &c. depart ye , depart ye , come ye out of ( mystical , romish babylon , ( the mother of whoredoms , the habitation of devils , and of every foul spirit , and the cage of every unclean and hatefull bird ) o my people that ye be not partakers of her sinnes , and that ye receive not of her plagues : by their forcible driving of their own protestant king , brethren into babylon , and keeping them therein , to have their habitation among devils , foul spirits , & unclean birds of every kind , that so they may participate both in her sins and plagues ; instead of calling thē out from thence into their own protestant dominions and churches ? * verily , if the righteous shall scarcely be saved , where shall these most transcendent , unpresidented , unrighteous , ungodly sinners ( who obey not , but contradict all these gospel texts ) appear ? and what shall their end be ? verily the gospel it self resolves : ( and o that they would with fear and amazement of spirit now seriously consider it ) when the lord jesus shall be revealed from heaven with his mighty angels in flaming fire to take vengeance on them , they shall be punished with everlasting destruction from the presence of the lord , and from the glory of his power , thess. . , , . * and shall receive judgement without mercy , because they have shewed no mercy , but the utmost extremity of malice and cruelty to the souls and bodies of their protestant king and brethren ? whether the junctoes and armies late proceedings against the king and kingship , were not the direct plot of the spaniolized priests and jesuites , who contrived and promoted it to their power ; as i evidenced in my speech , memento , epistle to my historical collection , my true and perfect narrative , and vindication of the old and new secluded members at large , and shall further clear by this ensuing letter , the original whereof i have twice read , found by mr. sherman a book-seller in little britain , ( in whose hands it is ) amongst the books of mr. patricke carre ( priest to don alonso de cardenas the spanish ambassador ) which he bought of him at this ambassadors house , when he was departing hence upon the breach with spain , . within a year after this letters date , which he soon after shewed to divers gentlemen , one of them ( who took a coppy thereof ) promising to shew it to cromwel himself . the superscription of it is in spanish directed ( as is conceived and the letter imports ) to this patricke carre ( an irish priest and jesuit ) under the name of don pedro garsia : the letter it self is in english , written it seems by some english or irish priest or jesuit , sent as an intelligencer , by the spanish ambassador into holland & france , ( with whom the english were then in hostility ) but the direction for letters to him is in french . in the cloze wherof the jesuitical and spanish party in paris , expected our anti-parliamentary juncto ( whom they stile , our brave parliament , as set up by and acting for them ) should espouse their quarrel and act their parts against the french ; and joyne with the prince of condie , to cut off the king of france his head , & all kings else , as they did the king of englands , by their instigation , such antimonarchists , traytors are these jesuits , and spanish freers to all kings and monarchie . paris , . of january , . sir , i was no sooner in holland , then i writ to you , but hearing nothing from you i concluded , either you were very sick , or that you received not my letter ; i came hither in an ill time , for the kingdom is in great disorder , upon the kings recalling the cardinal , against all his declarations . this town ready to declare in favor of the prince and the duke of orleance , who is now treating with the duke of lorrain for his army . if your dull * archduke make no more advantage of this , than of the disorders of the last summer , it 's pity but he were sent to keep sheep . we expect here our brave parliament will not let the game be soon played out : i could wish gallant cromwell and all his army were with the * prince : for i begin to wish all kings had the * same the king of england had : i le say no more untill i hear from you , but that i am your unfeigned friend , t. danielle . i pray remember me to both my cozens . direct your letters a monsieur monsieur canell demurant chez mons : marchant a la rne de pulle . the superscription is thus , viz. a don pedro garsia en casa de embaxador de espanna que * dios garde . en londres d . there were many papers and notes written in irish , some concerning the affairs & transactions of the late wars in ireland , found amongst these books , whence i conceive this patrick carre was an irish priest and jesuite ; and that the spaniard had a great hand in that horrid rebellion . from the cloze of this letter let all consider . whether it can be safe for any popish , as well as protestant kings to harbour such jesuitical antimonarchists and regicides in their kingdoms , courts , who thus wish all kings beheaded and brought to justice , as well as the late king of england , by cromwell and his army , or their own subjects ? and how much they ought to detest his president ( of the jesuits contriving ) let them now cordially and timely advise for their own securitie . whether the great swarms of jesuites and popish freers in and about london , by the junctoes , and army-officers tolleration and connivence ( whose jesuitical antimonarchical plots , counsels they have vigorously pursued ) be not the principal contrivers , fomentors of all our changes of government , new sects , opinions , mutinies in and usurpations of the army , ( in whose councils most intelligent protestants have just cause to fear they have been and still are predominant ) there being multitudes of them in and about london , under several masks ; some of them saying masse in their pontificalibus in popish ladies chambers one day ; and speaking to and praying with their soldiers in the army , or in anabaptistical or quaking conventicles the next day , of which there are some late particular instances ; i shall relate one only more general and worthy knowledge . two english gentlemen of quality ( one of them of mine acquaintance ) travelling out of england into france in may . and hiring a vessel for their passage , three strangers ( who came from london ) desired leave to passe over with them ; which they condescending to , suspected one of them at least , to be a jesnit , by his discourse ; and during their stay at paris , saw all three of them there walking often in the streets in their jesuits habits . in august following , they being at angiers in france , there repaired to their lodging an englishman , in his friers weeds , who informed them , that he was an englishman by birth , but a dominiean freet by profession , newly come from salamanca in sapin , and bound for england ; that he had been at rome , where he had left some goods with an irish iesuit , who promised to return monies on them in france , but had failed to doe it ; whereupon he was in present distress for mony to transport him to england , desiring their favour to furnish him with monies , which he would faithfully repay in london , and if they had any letters to send to their friends in england , he would see them safely delivered . the gentlemen finding him to be an excellent scholar of very good parts and education , entertained him . or . daies at their lodging , till they could furnish him with monies , and upon his account as a freer , had a very good intertainment in the monastery at angiers by the freers thereof : during his stay there they had much discourse with him : he told them he had been formerly a student in kings college in cambridge ; after that at salamanca in spain , for . years . being demanded by them , whether there were not many jesuites and freers then in england ? he assured them upon his own knowledge , they had then above five hundred iesuites in london and the suburvs ; and that they had at least four or five iesuites and popish priests in and about london , to every minister we had there . whereupon they demanding of him ; how so many jesuites and priests were there maintained ? he answered , that the iesuites and every order of fréers had their several treasurers in london , who by orders from their provincials furnished them with what ever monies they wanted by bills of exchange returned to them ; that all the jesuites and priests in england were maintained according to their respective qualities ; a lords son , like a lord , and a knights son like a knight ; and if they chanced to meet him in london at their return , though he were now in a poor weed , they should find him in scarlet , or plush , & a better equipage than what he was in . he would not discover his true name to them , but upon discourse on a sudden , he mentioned his cozen howard in england , which made them suspect he was of that family . he told them further ; that though we were very cunning in england , yet the jesuites and priests there were too crafty for us , lurking under so many disguises that they could hardly be discovered : that there was but one way to detect them ; which they being inquisitive to know . he said , it was for those who suspected them to be priests to feign themselves roman catholicks , and upon that account to desire the sacrament from them , which they could not deny to give them ( after confession to them ) being bound thereto by oath , by which means some of them had been betrayed . he further informed them : that himself had been at all the several gathered churches , congregations & sects in london , and that none of them came so near the * papists in their opinions and tenents as the quakers , among whom himself had spoken . this relation one of the gentlemen ( a person of honor and reputation , the other being dead ) hath lately made to me three several times with his own mouth , and will attest it for truth , having related it to sundry others since his return into england . which considered , whether it be not the very high-way to our churches , religions , ministers , nations ruine and destruction to list so many quakers , anabaptists , sectaries , in the army and new militiaes in most counties , where they bear the greatest sway ; and to disarm the presbyterians and orthodox protestants , as the only dangerous persons , and put all their arms into quakers , anabaptists , and sectaries hands ( headed , steered by jesuits , popish priests and freers ) as they have done in glocester , colchester , cheshire , lancashire , and endeavour to doe in other parts , to cut all true protestants throats , and set up popery by the army ( which hath so much advanced it of late years ) before we are aware ? let all true zealous protestants timely , seriously consider , and endeavour speedily to prevent ( and the council of army-officers , with their new committee of safety too , if they have any care of their native country , or protestant religion ) before it be over-late . whether we may not justly fear , that god himself in his retaliating justice , for the junctoes and armies unparalleld exile of their protestant king and royal posterity into popish territories ; and yet permitting such swarms of jesuits , monks and romish vermin to creep in and reside amongst us ; may not give up the dissolved juncto , army , council of officers , soldiers , and their posterities , with our whole three nations , as a prey and spoil to these seducing , dividing , ravening , all-devouring wolves ; yea to the combined forces of our spanish and french popish adversaries , to the utter desolation , extirpation , ruine of our protestant religion , in the midst of our present divisions and distractions , under a just pretext of restoring the exiled royal issue to their hereditary rights , and avenging the manifold indiguities to them and their relations , unless timely and wisely prevented by a prudent , voluntary clozing with , & loyal , christian restoring them , by common consent our selves , upon just , safe , and honourable terms , becoming us both as men , christians , and professors of the reformed religion ? and whether we be not ripe for such a universal desolating judgement as this , if we consider , is . . , , . c. . , . c. . , to . chr. . . , to . mich. . , , , . ezech. . , . joel . , , . or the late and present sufferings of most other protestant churches abroad , not half so treacherous , perfidious , wicked , exercrable as we , who are now become the very monsters of men , the scandal , shame , reproach of christianity , and humanity in the repute of all the world ? whether the juncto and army-officers who have ( like the a hypocritical israelites ) very frequently ordered , celebrated many hypocritical irreligious mock-facts from time to time , to fast for strife , and debate , and to smite with the fist of wickednesse ; never yet observing , practising that fast which god himself requireth , to loose the bands of wickednesse , to undo the heavy burthens , to let the oppressed go free , to breakevery yoke , to deal their bread to the hungry , to bring the poor ( exiled protestant royal issue and their english followers ) that are cast out ( by them ) to their houses , to cover the naked , and not hide their selves from their own flesh : who have hitherto made their publike and private dayes of humiliation , a constant prologue to their ambition , pride , b and rebellious self-exaltation ; their dayes of praying to god , a preface to their preying upon their brethren ; their seeking of god for direction and assistance in their designs , a means to colour and promote the very c works of their father the devil ; their pretended following the secret impulses of the spirit of god , the sole justification of d walking according to the prince of the air , the spirit that now worketh in the children of disobedience : their making , taking of solemn oathes , vowes , protestations , covenants , engagements to be true , faithfull , oonstant , loyal , obedient to their lawfull kings their heirs , successors , superiors , the privileges , rights of parliament our fundamental laws , liberties , religion , &c. a meer engin and diabolical stratagem , more cunningly , boldly , audaciously , perfidiously to betray , undermine , supplaut , subvert them ; have not now just cause to keep many publike , private fasts , and dayes of humiliation , to confesse , bewaile , repent , renounce , and reform these their transcendent-crying , wrath-provoking sins and abominations : together with their e building up of zion ( their new republike , free-state , churches , kingdom of jesus christ ) with blood , and establishing jerusalem with iniquity , f their devising iniquity and working evil upon their beds , and practising it when the morning is light , because it is in the power of their hand , and swords : their coveting ( other mens ) fields , houses , and taking them away by violence ; so they oppresse a man ( yea their protestant king , and thousands more of their protestant brethren ) and his house ; yea a man and his inheritance : for fear they incurre the fatal inevitable woes , evills , judgements , denounced by god , against such crying sinnes , oppressions , violences , to the utter desolation , extirpation of them , their families , yea of our english zion and jerusalem , mic. . , to . is . . , . c. , throughout : with that of hab. . , . shall they not rise up suddenly that shall bite thee , and awake that shall vex thee , and thou shalt be for booties unto them ? because thou hast spoyled many nations , all the remnant of the people shall spoyl thee : because of mens blood , and for the violence of the land , of the city , ( army ) and all that dwell therein ? whether the junctoes and army councils utter subversion of all our fundamental laws ( especially magna charta , c. , . the petition of right and all other lawes , statutes which concern the preservation of the lives , free-holds , liberties , properties , franchises of the subjects , the inheritance and succession of the crown , the rights and privileges of parliament ) their ending the last easter term , with very little law , and no conscience at all ; their beginning trinity term with very little conscience ( monopolized in their conscientions speakers brest alone ) without any law at all ; and their holding part only of michaelmas term without any chancery or conscience ( voted by some to be both useless and dangerous ) or any real law in the judgement of understanding lawyers , and breaking it off , without any law or conscience , to the undoing of many poor oppressed clients left without relief ; with their manifold transcendent obstructions , subversions both of law , equity , justice , conscience , property , liberty , in their most arbitrary lawlesse committees of indemnity , and courts of high injustice ; be not a transcendent violation of all their former remonstrances , declarations , votes , protestations , league , covenant ; and a meer jesuitical design ( as i have * elsewhere evidenced ) to work our utter dissolution ( the laws being the only ligaments to unite , and pillar to support our state and kingdom ; whereby not only the regal and parliamental authority , but the peoples security of lands , livings , lives , privileges both in general & particular are preserved , maintained , by the abolishing or alteration whereof , it is impossible but that present confusion will fall upon the whole state , frame of this kingdom and nation : as the statute of iac. c. . resolves , and we finde by woful experience ? whether the army council of officers , have not most exemplarily and satisfactorily performed this part of their last printed declaration , octob. . p. . we earnestly desire and shall endeavour , that a full and through reformation of the law may be effected ; by their new committee of safeties imperious order sent to mr. dudley short ( a citizen of london ) whom mr. thurlo ( whiles secretary ) committing close prisoner to a m●ssenger several weeks , so as neither his wife nor friends could have any access unto him , upon a meer trepan , and supposed matter of account between him and a scotsman with whom he traded , & enforcing him at last ere released to enter into a bond of l. with sufficient security for appearing before the council of state , & to go in person into scotl. when ever he should be required , & ordering him to go into scotland soon after ( under pain of forfeiting his l. bond ) upon his own expence , where after many weeks attendance , and frequent , examinations before the council there , touching this account , the scotsman appeared to be indebted to him above l . whereupon he was dismissed thence . for which most unjust vexation , oppression and false imprisonment against the great charter , c. . the petition of right , with other acts , and the late statute of caroli , c. . for regulating the privy council , ( to mr. shorts great expence , losse of trade , reputation , and his damage of ten thousand pounds , as he declared ) he brought his action at law in the common pleas court , which was set down to be tried at guildhall , the . of this november . whereupon mr. thurlo procured an express order from the new committee of safety , wherein they presume to indemnifie him ( by their exorbitant arbitrary power ) against this action of false imprisonment , and to enjoyn the plaintiff both to surcease and release his sute , and never to prosecute it more ; and command his counsel , attorney , sollicitor , the judge himself , and all other officers , not to proceed therein at their utmost peril , upon this ground ; because if this trial should proceed , any others of the late and present council of state might have actions brought against them for illegal commitments and imprisonments : upon this the officers of the count refused to seal his record for the triall , and his attorney and counsel durst not proceed for fear of being layd by the heels . whereupon he complained against this abuse , and moved for a triall in open court , urged these statutes with the statutes of e. . c. . ▪ e. . c. , . and the judges oath , that it shall not be commanded by the great seal , nor little seal , to disturb or delay common right ; and though such commandements do come , the justices shall not therefore cease to do right in any point : and that the justices shall not deny nor delay to no man common right by the kings letters , nor none other mans , nor for none other cause . and in case any letters come to them contrary to law they shall do nothing by such letters , and go forth to do the law , notwithstanding such letters : and pressing the judge to doe him right accordingly , and to give him an answer in open court ; yet their order countermanded these statutes and judges oath : so that no man , though never so unjustly committed , oppressed , grieved by the old and new council of state , to his ruine ; shall have any remedy at all against them : since they may thus indemnify each other against all actions commenced . and if they bring an habeas corpus for their enlargement , and be bayled according to law by the judges ; the new gardians of our liberties , preservers of our safety , and thorough reformers of our lawes , ( by extirpating them root and branch ) will even in the very face of the court , as soon as they have put in bayl , in contempt of law and justice command soldiers and their serjeant at arms , by new orders to arrest and carry them to other prisons , as they did mr. nuport and mr. halsey on the . of this instant november : notwithstanding they had put in bail of ten thousand pounds a piece for their peaceable deportment : yea if any henceforth move for habeas corporaes they will remove them unto new prisons , or gards of souldiers , or send them into forein parts to prevent their returns and enlargement by our laws ; as some have been newly dealt with , by these new full & through reformers of the laws , whether these very first-fruits of their full and through pretended reformation of our laws , proving so bitter , trampling all law and justice under foot , with greater scorn , contempt , impudence than ever any kings , old council table lords , strafford or canterbury were guilty of : and their leaving not so much as one judge or justice to act under them in any one court of justice at westminster , nor no face of any real or pretended legal authority in england or ireland to execute justice between man and man : and dismounting all those judges , grandees of the law who formerly complyed with them , and acted under them in all their innovations , ( a just reward for their temporizing against their judgements , law and conscience ) their future harvest of our lawes reformation will not probably prove so lawlesse and exorbitant , that the whole english nation ( and army too , if they have not abandonned all humanity , christianity , charity , justice ) will revive this prayer in our antient liturgy , against such a full and through deformation and deformers of our lawes . from all evil and mischief ; from all blindness of heart , from pride , vainglory and hypocrisie , from envy , hatred , and all uncharitableness , good lord deliver us . and exhort their fellow brethren of scotland and ireland in the apostles words , thess. . , . finally , brethren , pray for us , that the word of the lord ( and good old laws of the land ) may run and have free course , and be glorified ; and that we may be delivered from absurd , ( or unreasonable & wicked men , who thus reform and purge out the laws very bowels ) for all men ( and such reforming saints especially ) have not faith : whatever they professe , who under pretext of a most transcendent reformation and purgation of the gospel and law , would reduce us into the condition of the israelites , chron. . . now for a long season israel had been without the true god , and without a teaching priest , and without law ? and why so ? the apostle resolves us in direct terms , tim. . . &c. the end of the law is charity out of a pure heart , and of a good conscience , and of faith unfeined : from which some having swerved have turned aside to vain jangling : desiring to be teachers , ( yea reformers ) of the law , understanding neither what they say , nor what they affirm . but we know that the law is good , if a man use it lawfully ; knowing also that the law is not made for a righteous man ; but for the lawless and disobedient for the ungodly and for sinners . for murderers of fathers and murtherers of mothers , for man-slayers , &c. for men-stealers , for lyars , for perjured persons , & every other thing that is contrary to sound doctrin : and our army-grandees , juncto , and new reformers being such ; would abrogate all lawes , and lawyers too , least they should restrain and punish them for these their capital crimes : forgetting this lesson , that though they null all the laws and courts of justice in westminster-hall , and elsewhere ; yet they shall never abrogate nor escape the law , judgement , execution , justice and vengeance of * god himself , who will render indignation and wrath , tribulation and anguish to every soul of man that doth evil , whether jew or gentile . for as many who have sinned without law , shall also perish without law , and as many as have sinned in the law , shall be judged by the law enough to disswade them from their intended reformation , to reform their own and the armies lawless exorbitances , before they reform our laws , or others far better than themselves . whether all the old conscientious , faithfull , publike spirited , secured , secluded , and re-excluded members , who to the uttermost of their powers opposed , voted , protested against all the late dismal jesuitical powder-treasons , violences , innovations , exorbitances of the dissolved juncto and army , and have h vexed their righteous souls , from day to day , yea i shed rivers of tears from their mournfull eyes , because of these their heinous transgressions against the laws of god and the land , may not with much comfort apply this promise of god to themselves , and their uncharitable brethren , who secluded all , & imprisoned sundry of them . isa. . , . &c. . , , . hear the word of the lord , ye that tremble at his word : your brethren that hated you , that cast you out for my name sake , said , let the lord be ( thereby ) glorified , but he shall appear to your joy , and they shall be ashamed . ( by reason of their own double ejection , dissolution in a strange unexpected manner ) a voice of noise from the city ; a voice from the temple ; a voice of the lord that rendreth recompence to his enemies . lord , when thy hand is lifted up , they will not see ; but they shall see , and be ashamed for their envy towards the people ; yea the fire of their enemies ( their very fierie guards and powder-men ) shall devour them . o lord our god , other lords besides thee ( our new supreme lords , powers , protectors of the dissolved junctoes counsel and tother house have had dominion over us , but by thee only will we make mention of thy name : they are dead , they shall not live ; they are deceased , they shall not rise : therfore hast thou visited and destroyed them , and made all their memory to perish : even k so let all thine enemies ( and the publike impenitent , malicious enemies of our churches , kings , kingdoms , parliaments , peoples liberties ) fall and perish , o lord : but let them that love thee ( and the publike peace , welfare , settlement , prosperity of our churches , kings kingdoms , nations ) be as the sun when he goeth forth in his might ; that so the land may have rest forty years together : as the land of israel had , after l the lord had discomfited sisera , and all his chariots , and all his host with the edge of the sword , before barak and deborah , amen . whether the general council of officers and army-saints former and late slandering , false accusing , forcible secluding , the members of the long parliament , as trust-breakers , and the whole house of lords , for whose defence they were raised , waged , commissioned ; and their subsequent dissolving , dissipating with high scorne , their own anti-parliamentary junctoes from whom they received their new commissions , end engaged several times , to yeeld their utmost assistance to them to sit in safety , to be true , faithfull and constant to them , and to live and die in their defence : be a conscientious saint-like performance . . of john baptists evangelical injunction to all souldiers , luke . . do violence to no man , neither accuse any falsly , and be content with your allowance . ly . of st. pauls description of a good souldier of jesus christ tim. . , . thou therefore endure hardness : no man that warreth , intangloth himself with the affairs of this life , that he may please him who hath chosen him to be a souldier . ( not disobey , betray , supplant or destroy him ) ly . of pauls and peters expresse commands to all officers , souldiers whatsoever , as well as others , rom. . , , &c. let every soul be subject to the higher powers : for there is no power but of god : the powers that be , are ordained of god . whosoever therefore resisteth the power resisteth the ordinance of god : and they that resist , shall receive to themselves damnation , &c. wherefore ye must needs be subject , not only for wrath , but also for conscience sake . tit. . , . put them in mind to be subject to principalities and powers ; to obey magistrates , to be ready to every good work : to speak evil of no man ; to be gentle , shewing all meekness unto all men . ephes. . , , . col. . , , . servants ( & such are all mercenary officers , soldiers , under pay to the old parliament and kingdom ) obey in all things , your masters according to the flesh , in fear and trembling , in singleness of heart , as unto christ , not with eye service , as men-pleasers ; but as the servants of christ doing the will of god from the heart . with good will doing service , as to the lord , and not to men ; for ye serve the lord christ . pet. . , to . submit your selves to every ordinance of man for the lord sake , whether it be to the king as supreme , or unto governors , as unto those who are sent by him for the punishment of evil doers , and for the praise of them that do well ; for so is the will of god , that with well-doing ye put to silence the ignorance of foolish men . as free , and not using your liberty , as a cloak of maliciousnesse , but as the servants of god . honour all men , ( in lawfull authority ) fear god , honour the king . servants , be subject to your masters with all fear , not only to the good and gentle , but also to the froward . for this is thank-worthy , if a man for conscience toward god endure grief , suffering wrongfully . whether by their former & late rebellions against the king , parl. & all their lawful superiors , and exalting themselves above all their former lords and masters , they have not given christ himself the lye , and falsified his reiterated asseveration , resolution . mat. . . john . . c. . . verily , verily i say unto you , the disciple is not above his master , nor the servant above , or greater than his lord ; neither he that is sent , greater than he that sent him . if ye know these things , happy are ye if ye do them ! and whether they will not prove bitternesse and damnation to them in the latter end ? whether the juncto and army council , upon serious consideration of all the premises and their former miscarriages , have not all cause with penitent hearts and bleeding spirits to cry out and make this old publike confession in the book of common prayer . almighty and most mercifull father , we have erred and strayed from thy wayes like lost sheep . we have followed too much the devices and desires of our own hearts ; we have offended against thy holy laws ; we have left undone those things which we ought to have done , and we have done those things which we ought not to have done , and there is no health nor truth in us . but thou o lord have mercy upon us miserable offendors . and grant that we may hereafter live a godly , righteous , and sober life , to the glory of thy holy name . amen . which if these workers of iniquity shall still refuse to do , as if the lord did neither see nor regard it ; and thereby provoke our . nations to cry out with united prayers to god against them ; * help lord , for the godly man ceaseth , for the faithfull fail from among the children of men . o lord god of revenges , o lord god to whom vengeance belongeth , shew thy self ; lift up thy self thou judge of the earth , render a reward to the proud : lord , how long shall the wicked , how long shall the wicked triumph : how long shall they utter hard things , and all the workers of iniquity boast themselves ? they break in pieces thy people , o lord , & afflict thine heritage ; they slay the widow and murder the fatherless ; they gather themselves together against the soul of the righteous , and condemn the innocent bloud . whether they must not then expect that inevitable doom of god himself , ensuing after such practises and prayers , psa. . . and the lord shall bring upon them their own iniquity , and shall cut them off in their own wickednesse ; yea the lord our god shall cut them off ? * the transgressors shall be destroyed together , the end of the wicked shall be cut off : but the salvation of the righteous is of the lord , he is their strength in the time of troble . and the lord shall help them , and deliver them , he shall deliver them from the wicked , and save them because they trust in him . jer. . , . it may be they will ( now ) present their supplications before the lord , and return every one from his evil way , that god may forgive their iniquity and their sin ; for great is the anger and the fury that the lord hath pronounced against this people . an exact alphabetical list of the old and new secluded members of the commons house in the long parliament , surviving may . . when the dissolved juncto began their new session . baronets , knights and viscounts . lord ancram , sir ralph ashton , sir john barrington , sir thomas barnardiston , sir robert benloes , sir george booth , sir humphry bridges , sir ambrose brown , sir john burgoin , sir roger burgoin , sir henry cholmley , sir john clotworthy , sir john corbet , sir john curson , sir thomas dacres , sir francis drake , sir william drake , sir walter earl , sir charles egerton , sir john evelin of surry , sir john evelin of wiltes , sir john fenweck , sir edmund fowel , sir gilbert gerard , sir harbotle grimston , sir richard haughton , sir john holland , sir anthony irby , sir martin knatchbull , sir john leigh , sir william lewis , sir william lister , sir william litton , sir samuel luke , sir nicholas martyn ; sir thomas middleton , sir robert nappier , sir robert nedham , sir dudly north , sir john northcot , sir richard onslow , sir hugh owen , sir john palgrave , sir philip parker , sir thomas parker , sir edward partridge , sir john pellam , sir william platers , sir nevil poole , sir john pots , sir robert pye , sir francis russel , sir beauchamp saint-john , sir john seymor , sir thomas some , sir william strickland , sir john temple , sir thomas trever , sir humpy tuston , sir william waller , thomas viscount wenman , sir henry worsly , sir richard wynne , sir john young . in all . esquiers , gentlemen and lawyers . john alford , arthur ansley , mr. andrews , william ardington , john arundle , mr. ascough , francis bacon , nathaniel bacon , edward bainton , col. john barker , maurice barro , mr. bell , james bence , col. john birch , edward bish , john bowyer , john boyes , major brooks , major general brown , samuel brown , serjant at law , francis buller , john bunkly , hugh buscoen , mr. button , mr. camble , william carrent , col. ceely , james chaloner , mr. clive , commiss. copley , john crew , thomas crompton , mr. crowder , thomas dacre , john dormer , john doyle , mr. drake , robert ellison , mr. erisy , mr. evelin , edward fowel , william foxwist , john francis , james fyennis , nathaniel eyennis , samuel gardiner , francis gerard , thomas gewen , william glanvil , john glynne serjant at law , samuel gott , thomas grove , elias grymes , brampton gurdon , edward harby , col. edward harley , major harley , john hatcher , john haidon , james herbert , john herbert , mr. hobby , thomas hodges , denzel hollis , francis hollis , george horner , edmund hostins , john hungerford , col. hunt , mr. jennings , william jones , george keckwich , richard knighly , col. lassels , henry laurence , col. lee , mr. lewis , col walter long , mr. lowry , col. john loyde , mr. lucas , mr. luckin , john mainard , christopher martin , major gen. edward massey , thomas middleton , thomas moore , william morrice , george mountague , mr. nash , james nelthrop , alderman nixon , mr. north , col. norton , mr. onslow , arthus owen , henry oxinden , mr. packer , mr. peck , henry pellam , william peirpoint , jervase pigot , mr. potter , mr. poole , col. alexander popham , mr. povy , mr. prisly , william prynne , alexander pym , charles pym , mr. rainscraft , mr. ratcliffe , charles rich , col. edward rossiter , mr. scowen , mr. scut , col , robert shapcot , col. shuttleworth , mr. spelman , mr. springats , henry stapleton , robert stanton , edward stephens , john stephens , nathaniel stephens , mr. stockfield , john swinfen , mr. temple , mr. terwit , mr. thistlethwait , mr. thomas , isaac thomas , mr. thynne , mr. tolson , john trever , thomas twisden serjeant at law , mr. vassal , mr. vaughan , thomas waller , mr. west , henry weston , william wheeler , col. whitehead , henry wilkes , captain wingate , mr. winwood , thomas wogan , mr. wray , richard wynne . the total number , . besides the house of lords . an alphabetical list of all members of the late dissolved juncto . james ash , alderman atkins , william ayre , mr. baker , col. bennet , col. bingham daniel blagrave , mr. brewster , william cawly , thomas chaloner , mr. cecil the self-degraded earl of salsbury , robert cecil his son , john corbet , henry darley , richard darley , mr. dixwell , john dove , mr. downes , william ellys , mr. feilder , mr. fell , col. charles fleetwood , augustin garland , mr. gold , john goodwin , robert goodwin , john gurdon , mr. hallowes , sir james harrington , col. harvy , sir arthur hasilrig , mr. hayes , mr. herbert the self-degraded earl of pembrook , roger hill , cornelius holland , col. hutchinson , col. ingolsby , philip jones , mr. leachmore , william lenthall speaker , john lenthall his son , john lisle , philip viscont lisle , thomas lister , nicholas love , col. ludlow , henry martyn a prisoner in execution , mr. mayne , sir henry mildmay , gilbert millington , col. herbert morley , lord viscont munson , a prisoner in execution , henry nevil , robert nicholas , michael oldsworth , mr. palmer , alderman pennington , sir gilbert pickering , john pine , edmond prideaux , william purefoy , thomas pury , robert reynolds , col. rich , luke robinson , oliver saint-john , major saloway , mr. say , thomas scot , major general skippon , augustin skinner , mr. smith , walter strickland , col. sydenham , james temple , col. temple , col. thompson , serjant thorpe , john trencher , sir john trevor , sir henry vane , col. waite , mr. wallop , sir thomas walsingham , col. walton , sir peter wentworth , edmond weaver , mr. white , serjeant wilde , sir thomas witherington , sir thomas wroth. the totall sum , — . ¶ note , that of these members there entred only . into the house at first ; that the rest came in to them by degrees , either to keep their old preferments , gain new , or regain the places they had formerly lost ( especially the lawyers , who notwithstanding their former complyances , are turned quite out of office , and dis-judged ; ) that . or more of them , came in by new writs issued in the name of the keepers of the liberties of england , after the kings beheading , and were no members of the long parliament ; that there were never . of them together in the house at once whiles they sate : and but . on the . and . of october last upon the great debate between them and the army officers : and some that sate formerly with them ( as the lord fairfax , john cary , and others ) refused to sit with them now , as having not the least colour of law , to sit or act as a parliament . yea , their speaker mr. lenthal , told the officers of the army and members , who came to invite him to sit again , may . that he had a soul to save ; and that he was not satisfied in point of law , conscience or prudence that they could sit again : but at last when he considered , he had an estate to save ( as he told another friend ) that over-ballanced all his former objections : and made him , and other members act against their judgements , consciences , and to forget our saviours sad quaeres , mat. . . what is a man profited if he should gain the whole world and lose his own soul ? or , what shall a man give in exchange for his soul ? finis . errata . page . usurpers , read usurpation . page . l. . read rom. . , . notes, typically marginal, from the original text notes for div a e- a prov. . , . b prov. . . * tit. . . c jer. . . c. . . ezech. . . * see a collection of the armies engagements , remonstrances , &c. p. , ● . * animadversions upon the armies remonstrance , nov. . . p. , , . f see the . part of the history of independency . g see the republicans spurious good old cause briefly and truly anatomized . p. , to . e thess. . . b see their declarations and papers of april . and august . . and true state of the common-wealth of england p. , to . * as he did col. overton , okey , and sundry others . g jer. . . h isay . . * lu. . . i isay . . † jer. . . &c. k isay . . jer. , , to . m isay . . ezeck. . , . n n isay . . * in prynne the member reconciled to prynne the barrester . a legal vindication against illegal taxes , a true and perfect narrative , p. , to . a brief necessary vindication of the old and new secluded members , p. . * exact coll. p. , . a collection of ordinances , p. . , * gal. . . a see the armies plea and declaration , october . the printed votes , diurnals , and parliaments plea . a exod. . . psal. . . * jac. c. , . * gen , . , to . * acts . . c. . . * see my true and perfect narrative , p. , . * de beneficiis , l. . c. . * see my concordia discors * see my legal historical vindication , &c. * isay . . the seed of evil doers shall never be renowned . * ps. . , . * hos. . , . * judges . . * understand ye brutish among the people : o ye fools , when will ye be wise ? ps. . . * see my concordia discors . * pet. . , . * jam. . . * leopold . * condie . * execution he means . * this intimates he was a priest or jesuit who writ it , * see mr. smiths . new books against the quakers , and dell , proving them to be papists . a is . , to . b psa. . . c john , . ephes. . , , . d ephes. . , . e micah . . hab. . . f micah . , , , , . * my true & perfect narrative , p. , to . * rom. . , , , , . h pet. . , . i psal. . k judges . . l judges . * psal. . , . psal. . . * ps. . , . . the loyal speech of george plaxtone, m.a., minister of sheriff-hales in shropshire spoken at shifnal in the same county upon the proclamation of his sacred majesty, king james the second, &c. plaxton, george, or - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing p estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the loyal speech of george plaxtone, m.a., minister of sheriff-hales in shropshire spoken at shifnal in the same county upon the proclamation of his sacred majesty, king james the second, &c. plaxton, george, or - . sheet ( p.) printed by j. leake for richard grosvenor, bookseller, ... and are to be sold by a. jones ..., london : [ ?] caption title. imprint from colophon, where the date of publication appears only as " "; date from wing. reproduction of original in huntington library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng james -- ii, -- king of england, - . great britain -- politics and government -- - . great britain -- kings and rulers -- succession. broadsides -- england -- london -- th century - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - john pas sampled and proofread - john pas text and markup reviewed and edited - pfs batch review (qc) and xml conversion the loyal speech of george plaxtone , m. a. minister of sheriff-hales in shropshire ; spoken at shifnal , in the same county , upon the proclamation of his sacred majesty , king james the second , &c. gentlemen ! you have laid the greatest task upon me , that i ever under-went in all my days : you have obliged me to speak of the most important matters of our nation , and allowed me scarce one minute for thought or premeditation : but may that almighty power , by whom kings reign , instruct me ! and may an heart and soul full of loyalty , furnish my tongue with argument and elocution ! my undertaking is great and difficult : who can speak of kings , without awe and reverence ? or , who can be an orator , when those two contrary passions of grief and joy , at once struggle in his breast ? i cannot look back to the peaceful days of charles the second ; i cannot remember the lasting happinesses of his reign , but i must drop a tear upon his hearse : nor can i look forwards , towards the present glories of james the second , but i am overwhelm'd with joy , and a loyal transport seizes me . we have lost one of the best of princes , which ever sway'd these british scepters , charles the gracious ; a prince , who was the care of heaven , the darling of his subjects ; whose life was a miracle , and his whole reign one continued blessing : mercy and justice were the supporters of his throne ; and peace and good wishes the legacy he has left us . i cannot relate the last words of that incomparable prince , without a sigh ; i dare not name them , without tears for our general loss : thus he remembred us in his dying words , if such a prince may be said to die : brother ! i am now going to resign up my self to god , and my crown and government to you ; grant me these few requests . i. in all your vndertakings , set the fear of god before your eyes , and let that direct you . ii. remember to maintain the church of england , as now by law established . iii. govern your subjects with mercy , ease and peace . iv. be good to my queen , and children . this was the royal legacy which he left us ; a legacy , truly becoming such a prince as charles the second . but this is not all , though a great deal more than we deserved , the greatest blessing is still behind ; he has jest us his royal brother , james the second , to succeed him in his throne , and vertues : this must wipe away all our griefs , this must make our joys perfect , and crown our lives with a lasting happiness . the sun is set with us ; but no night follows : charles the gracious , is only exchang'd for james the just : and though our king be dead , yet the monarch lives . we are blest again with a gracious prince ; a prince , whose vertues need no panegyrick ; and to praise him according to his most excellent greatness , is above the feeble power of oratory and eloquence . what vertues can we wish for in a prince , which our present soveraign brings not to his throne ? what joyes are wanting to make us happy , which he will not bestow ? would we have our religion secured ? we have the laws on our side , and the royal word of a king for 't : the king has declared , that he will maintain our religion , as now by law established ; and do what in him lies , to make the church of england flourish . gentlemen ! where the word of a king is , there is power : and what the king hath declared , he will make good ; for no prince is juster to his word , than he is . would we have our rights and liberties preserved ? we have a prince of the greatest justice upon earth . whil'st he was a subject , he was the most faithful friend , and the best of masters to his servants ; and , i hope , a good master will never make an ill king. but more ; we have his royal promise , that he will walk in the steps of his dearest brother . would we have the glories of our kingdom maintain'd ; would we see the old english bravery once again flourish ! we have now the most victorious and warlike prince in christendom ; a king , who dares attempt any thing , but an ill act ; a king , who has been a souldier almost from his cradle . i need not tell you , how he signalized his valour under the protestant mareschal turenne in france : i need not speak of his magnanimity under don juan of austria , against the french king then in league with the english rebels : i need not remember you of the extraordinary hazards of his royal person , in the dutch engagements , fighting for the rights and honour of our nation , and exposing himself in a shower of fire and bullets ; bullets , which distinguish not the greatest prince from the meanest souldier . gentlemen ! he was then the joy and treasure of our nation ; and our representatives in parliament , did not only gratefully acknowledge his services ; but did almost loyally chide him , for hazarding his royal person in war , in whom all our hopes and expectations were center'd . he is still the same james the just , the valiant , and the brave ; though we ( i wish i were not to name it , for the honour of my nation ) ingratefully revolted from him . away then with all phanatick fears and jealousies ! can the grand-child of james the peaceful , can the son of charles the martyr , can the brother of charles the gracious , can the victorious and just james duke of york and albany prove an ill king ? it cannot be . can he , who has been an obedient subject for fifty two years together ; can the justest master , and the firmest friend , and the most faithful brother , prove an ill king ? it cannot be ; and god forbid , that any one should think it . gentlemen ! let us remember our duties , and endeavour all we can to be loyal ; and then we need not doubt , but god will bless us with a merciful and a gracious king. our submission to his rule , our content and chearful obedience under his government , will return to us in showers of mercy , kindness and justice . good subjects do generally make good kings ; and if our king should prove otherwise , it will be our own faults . what shall i say more ? charles the gracious still lives in james the just . we have only chang'd the name , not alter'd the sovereign . away then with those odious names of whigg and tory ; let 'em be forgotten and buried : let us remember , that we are christians , and english-men ; the former will teach us loyalty and allegiance to our king ; love , unity , and good wishes towards one another : the latter will engage us to maintain the glories and peace of our church and nation ; and to preserve the best of kings , and the happiest of governments . let us all , with one heart and mind , bless god for these mercies ; and say , god save king james the second . london , printed by j. leake , for richard grosvenor , bookseller in wolverhampton , and are to be sold by a. jones , at the flying-horse in fleet-street , mercurius publicus: comprising the sum of forraign intelligence ...[no. ( june- june )] mercurius publicus (london, england : ) this text is an enriched version of the tcp digital transcription a of text in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a thomason e _ ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]; :e [ ]; :e [ ]; :e [ ]; :e [ ], etc) mercurius publicus: comprising the sum of forraign intelligence ...[no. ( june- june )] mercurius publicus (london, england : ) muddiman, henry, fl. - , editor. dury, giles editor. newcomb, thomas, d. or , publisher. v. began with numb. ( dec. - jan. ); ceased with numb. ( - aug. ). printed by tho. newcomb, london : title from caption. subtitle varies: , "... comprising the sum of forraign intelligence"; - , "... comprising the sum of all affairs now in agitation." by henry muddiman and giles dury. cf. nelson and seccombe. printed variously by: john macock, thomas newcomb, richard hodgkinson, d. maxwell, peter lillicrap, james cottrell. description based on: numb. . numb. ( - oct. ) is a second copy of the parliamentary intelligencer for those dates, mistakenly titled mercurius publicus. thomason collection does not have complete run. reels listed in chronological order of serial publication; holdings dispersed throughout collection. reproduction of the originals in the british library. enumeration begins again at numb. annually. no issue numbered in , no issue numbered in ; chronology is continuous. eng great britain -- politics and government -- - -- periodicals. great britain -- history -- charles ii, - -- periodicals. europe -- history -- - -- periodicals. a (thomason e _ ). civilwar no mercurius publicus: comprising the sum of forraign intelligence ... [no. ( june- june )]. anon. f the rate of defects per , words puts this text in the f category of texts with or more defects per , words. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - ali jakobson sampled and proofread - ali jakobson text and markup reviewed and edited - pfs batch review (qc) and xml conversion numb. . mercurius publicus : comprising the sum of forraign intelligence , with the affairs now in agitation in england , scotland , and ireland . for information of the people . published by order of the council of state . from thursday june . to thursday june . . thursday , june . . this day the petition of divers lords , knights gentlemen , of the six counties of northwales , ( from whence during all the time of the late usurpation of the government , no publique address or petition was ever made ) was presented to his majesty by the noble lord , the lord viscount bulkley , accompnied by the persons who subscribed the same ; which petition was as followeth : to the kings most excellent majesty . the humble petition of divers lords , knights , and gentlemen , inhabitants of the six counties of northwales , whose names are subscribed , sheweth , that your petitioners during the vicissitudes of eighteen years troubles , having suffered as much and repined as little as any part of your said majesties realm have done , do now esteem it the glory of their first publick address that it is to your majesty the most gracious of princes . excess of joy hath oft struck men dumbe ; but we who now carry our hearts in our mouthes , may as well live and not breathe , as not profess our selves enlivened by your majesties return unto us : that having bin the end of our constant prayers , is now the fruition of those longing hopes which rendered our sufferings tollerable , and preserved us to this time to pray for your majesties long and happy raign . and as your majestie hath attained the possession of your crowns , by the glorious conquest of an heroick patience , so shall we humbly endeavour to follow your princely example , by so far disowning all ( even just ) animosities as shall we hope in a peculiar sence render us your majesties most obedient subjects . yet we deny our selves the least harsh or revengefull thought for those oppressions we so long and signally have layn under , we are not able to digest the detestable and horrid murther of your royal father , our once most gracious soveraign , in averting the guilt of whose blood all are concerned , who have no mind to draw it upon themselves . your petitioners therefore humbly pray , that not onely such of those principally engaged in that execrable murther , as to your majesty and the honourable parliament shall seem me●s , be forth with delivered over to publick justice : but that also such others as concurred therein , or procured and prom●● etitions to bring on that horrid tryal , or other addresses to own the same ( and have not since given early testimony of their unforced repentance ) may be diligently taken notice of , and disabled to bear any office of trust civil or military in your majesties realme , that so the lives of your majesties most loyal subjects may no more come into the cruel hands of blood thirsty men . lord powys , lord herbert , lord bulkley , sir thomas hammer , sir jo. salisbury , thomas bulkeley esq william herbert esq sir evan lloyd , sir john owen , sir roger mostyn , sir john carter , iohn hammer , richard wyn , iohn bodvell , will . griffith , nicholas bagnol esquires , iohn middleton , iohn nanney , will . hampheries , richard broughton , col. rich. lloyd , will . ravenscroft , william glynn , henry b●lkley , col. hugh wynn , hen. conway , piers lloyd , robert williams , eubale thetwal , tho. crachley , sir charles lloyd , robert davies junior , col. roger mostyn , will . bold , edmund metrick , lewis lloyd , tho. gravesnor , ph●l . egerton , col. tho. ravenscroft , robert whitley , griff . bodurda , edward bereton , iohn do●ben , evan vaughan , robert broughton , rich. middleton , hugh roberts , rich. wynn , ken. eaton , nic. bayly , hen. iones , john price , hugh pennant , francis manley , will . hill , edward price , col. io. robinson , hugh bodurda , will . williams , owen hughes , robert price , hugh maurice , iohn lloyd , tho. weave , will , par●y , tho. wynn , iohn williams , oliver broughton esquires , tho. baker , iohn llyod , tho. vvilliams , hugh vvilliams , arthur trevor , col. roger vvhitley , iohn parry , trevor lloyd , edward pennant , tho. vaughan , io. griffith , col. fran. trafford , lewis , lewis , iohn lloyd , vvill . humphreys , hugh meredith , robert challenor , price devereux , somerset fox , maurice piges , richard hughes , anthony challonor , richard price , vvilliam vaughan , geo. r●venscroft , trevor lloyd , vvill . iones , robert griffeth esquires . the petition being presented as aforesaid , his majesty was g●●●iously pleased to tell the petitioners . that he was sufficiently satisfied of their loyalty to the king his father , and sensible of their sufferings for him and was also pleased to assure them of his special grace and favour . vvhitehall . on wednesday the sixth instant , the b●liffs , burgesses , and commonalty of the town of ipswich , accompanied by m. sicklem●r● , captain sparrow , mr. keen , and divers other gentlemen , attended his majesty , and presented him with six hundred pieces of gold from the town of ipswich , which his majesty was graciously pleased to accept . the same day the earl of cleaveland brought about two hundred gentlemen , many of them officers formerly serving under him , the others gentlemen that rid in his troop to meet his majesty to kiss his majesties hand , who kneeling down in the m●tted gallery , his majesty was pleased to walk along , and give every one of them the honour to kiss his hand , which favour was so highly resented by them that they could no longer stifle their joy , but as his majesty was walking out ( a thing , though unusual at court ) they brake out into a loud shouting . on thursday mr. vvall●p , the deputy , steward and burgesses of the city of westminster in their gowns , being conducted by mr. gerard , a member of parliament for that city , waited upon his majesty , and presented a petition , wherein they desired that his majesty would be graciously pleased to bestow the office of lord high steward of westminster on his excellency the lord general monck m. gerard made a short speech to his majesty , leaving it to the steward to inlarge , who delivered himself so rhetorically , and with such due and awful respect to majesty , that he hath deservedly gained a very high reputation in the court , his majesty returned a most gracious answer , and afforded to a●l of them the honour to kiss his hand . thursday , june . this day was published a proclamation by his majesty , to summon the persons therein named , who sate , gave judgement , and assisted in that horrid and detestable murder of his majesties royal father of blessed memory , to appear and render themselves within fourteen dayes after the publishing of that his majesties royal proclamation , to the speaker or speakers of the house of peers or commons , the lord mayor of the city of london , or the sheriffs of the respective counties of england or wales , and that no person harbour or conceal them , under misprision of treason . the persons names are : iohn lisle , william say , esquires , sir hardresse waller , valentine wauton , edward whalley , esqs ; sir iohn bourchier knight , william heveningham esq isaac pennington alderman of london , henry martin , iohn barkstead , gilbert millington , edmund ludl●w , iohn hutchinson , esquires ; sir michael livesay ba●onet , robert tichbourn , owen roe , robert lilburn , aaria● scro●pe , iohn okey , iohn hewson , william goffe , cornelius holland , iohn carew , miles corbet , henry smith , thomas wogan , edmund harvey , thomas scot , william cawley , iohn downs , nicholas love , vincent potter , augustine garland , iohn dixw●l , george fleetwood , simon meyne , iames temple , peter temple , daniel blagrave , thomas wait , esquires . to which are added these other persons , as being also deeply guilty of that most detestable and bloudy treason , viz. iohn cook , employed as solicitor ; andrew broughton and iohn phelos , employed as clerks ; and edward dendy , who attended as serjeant at arms . this day the right honourable the lord viscount faulkland , ( one of the citizens in parliament for the city of oxon ) did present to his sacred majesty the loyal and dutiful affections of that antient city , which they have alwayes borne to his majesty , and also to his late royal father , and in particular did present an instrument under the common seal of the said city , whereby they did most cheerfully undertake for ever hereafter to pay to his majesty the antient see-farm rent due from the said city , which they were necessitated to purchase from the late usurped powers , for a considerable sum of money ; all which his majesty did most graciously accept from them , and did then vouchsafe the honor to the mayor , and divers worthy members of that city there present , to kiss his royal hand , graciously declaring that he would alwayes vouchsafe his particular grace , favour , and protection to that antient and loyal city . the same night his majesty was graciously pleased to honour the general with his company at supper at the cock-pit ; before supper he conferred the honour of knighthood on colonel john clobery , who had deserved so well in his constant adhering to his excellency , and prudent mannagement of affairs for the happy restoring of his majesty to his people . after supper , his excellency entertained his majesty with several sorts of musick . on friday his majesty went to hampton-court , about five in the morning , returned about eleven , and then touch'd many that had been troubled with the evil . at three of the clock in the afternoon , his majesty gave a meeting to the parliament in the banqueting-house , and having heard mr. speaker , returned a most gracious answer . his majesty was pleased to sup this night with the lord cambden at kensington . on saturday the knights of the shire for sommerset , a county that have sufficiently manifested their constant loyalty to his sacred majesty , as well by their early actings of late ( giving presidents to others to do those things that tended to the bringing in of his majesty ) as their former fidelity , delivered a petition subscribed by many of the nobility and gentry of that county to his majesty , wherein after they had expressed their hearty joy for the happy restoration of his majesty , they humbly desired that his majesty would be pleased to take care for the setling of the church , in such manner as it was in the time of his royal grandfather and father of ever blessed memory . at the generals quarters at the cockpit . several addresses from several regiments of the army to his majesty , expressing their great joy for his majesties happy restoration , and an assurance of their loyalty were early delivered to his excellency , though formerly forgot to be mentioned , viz. his excellencies own regiment of foot , col. fairfax his regiment , and the irish brigades . on friday night his excellency presented to his majesty the addresses of the regiments in scotland , viz. that of col. morgans regiment of horse , and subscribed also by the judges commissioners of excise and customes , and most of the considerable civil officers , col. daniels regiment , col. clarks , col. hughs and co. miles man's . the commissioners from ireland , viz. sir john clotwerthy , sir john king , major aston , and major rawden , who were here some time since , the lord broghil , sir paul davies , sir james barry , sir thco . jones , sir morris eustace , arthur hill , audley merrin , and rich. kennady esq lately come , will suddenly make address to his majesty , having brought with them bills for the twenty thousand pound for his majesty , and such other sums as the convention ordered . sir charles co●t cannot yet be 〈◊〉 spared , though chosen one of the commissioners , there having been lately ●ome li●de c●●est in ireland , which his presence will easily awe . dunkirk , june . the offend pyrates do dolly snap s●me of the english vessele● an house was unhappily blown up with three barrels of gunpowder , occasioned by making of fire-works , but one child killed . edinburgh . major aberin , that was deputy governour of edinborough castle , when cromwell went into scotland in . lately hang'd himself , tho. vviclch walking upon the peer at leith was threwn into the sea . the covenant is very much pressed in all parts , and great hopes they have of enjoying their former freedom . london . ellis and puckle that conveyed away miles corbit , taken at y●rmou●● , and one parson titham at cochester , were brought to london on saturday , and remain in the custody of the serjeant at arms . the lord mayor , aldermen , and common-council have taken the oath of allegrance and supremacy . the east-india company have he spake plate to the value of l. to be presented to his majesty . a spirit was lately apprehended and carried to the guard at the tower , for drawing away souldiers , whom after he had debauched , he put into ships to be transported , but after four dai●s imprisonment he was released . thursday june . at the house of commons . the house resumed the debate concerning the act of oblivion and indempnity , and resolved , that andrew broughton , john cook , and edward dendy , being persons deeply guilty of the murther of the late kings majesty , be excepted but of the said act as to life and estate . they likewise ordered , that hugh peters and cornet joyce be forthwith sent she into custody . resolved , that the house doth declare that they do in the name of themselves and the commons of england , lay hold on his maj●●●es gracious pardon , mentioned in his former declaration , with reference to the excepting of such as shall be excepted in the act of pardon , and accordingly a declaration was prepared and agree● unto ▪ and a further resolve made that the members of this house which are of his maj●sties privy-council , do acquaint his majesty with the resolves of the house , and desire of his majesty that he would be pleased to appoint when and where this house shall wait upon him . the house took likewise into their consideration the bill for preserving the p●●viledges of parliament , and confirming the fundamental laws , which was read and committed . friday , at the house of commons . mr. den●ill holl●● , a member of the house , and one of his majesties most honourable privy-councells , made a report , that he had attended his majesty according to their order , with the resolves of the house , declaring that they laid hold on his majesties gracious pardon mentioned in his former declaration , and that his m●j●sty had appointed to give them a meeting at three of the clock in the afternoon , at the banqueting house . the committee that attended his highness the duke of glocesser , to give him the thanks of the hous● for the affection he had expressed in his letter to them , reported , that the duke did very kindly accept it , and assured them of the continuance of his respect to them and that it should be his study still to declare it to them . the house appointed a committee to consider of the queens joynture , and to consider of a way to procure a present supply for her majesty , and report the same . the house ordered the ordinance of assessment , and the action putting in execution the powers in that ordinance , to be forthwith printed and published . they likewise ordered that all those sums of money that the city of london hath advanced upon that ordinance , be forthwith paid out of such money as shall be raised out of that assessment , and that the chamberlain of london , who is treasurer , do soe the same paid accordingly . resolved , that twenty ; and no more , besides such as are already excepted , of ●ite as judges upon the tryal of the late kings majesty of blessed memory , shall be excepted out of the general act of pardon and ob●ivion , to suffer such penalties or forfei●ures , not extending to life , as shall be thought fit to be inflicted on them by an act to pass for that purpose . saturday . upon a report from the committee of priviledges and elections , the house resolved , that mr. secretary morris , and mr. trelaw●●y , are duly elected , and ought to sit as members of parliament for that burrough . mr. speaker informed the house , that mr. william heveningham , one of his late majesties tryers , had rendered himself to him according to his majesties proclamation , and that he put him into the hands of the serjeant at arms , till the further pleasure of the house was known concerning him ; whereupon it was resolved , that he still remain in the custody of the se●jeant , till further order . upon reading the humble petition of adrian scroop , it was ordered , that upon the payment of a years value of his estate , he shall not be excepted in the general act of pardon , as to any part of his estate that is properly his o●● , and which he hath not purchased of , on doth belong unto the publick . the petition of francis lassells was read , and it was resolved , that he be discharged from being any longer a member , uncapable of any office or place of publick trust , and that he pay one years value of his estate , upon payment whereof he shall not be excepted as to any part of his estate that is properly his own , &c. the petition of colonel hutchinson , was read , expressing much hearty sorrow , and it was resolved that he be discharged from being further a member , uncapable of any office , and not to be excepted out of the act of pardon . resolved , that the lord grey of groby be not excepted out of the act of pardon : colonel dove's petition was read , and referred to a committee . the petition of sir gilbert pickering was read , and it was resolved , that he shall be excepted , as to the penalties and forfeitures not te●ching to life , to be inflicted by an act to be provided for that purpose ; as also thomas challoner , james chil●●●or , sir james harrington , lord monson , john ●ry , tho. lis●er , sir henry mildm●y , and mr. john phelps , miles corbet , john okey , robert lilburn , sir mich. livesey , sir william constable , jr. blackston , isaac penvington , sir tho. malevorer , sir jeba danvers , sir hardress waller , vvilliam goff , edw. vvhaley , isaac ewers , sir jo. bourchier , edmund ludlo● , vvilliam h●veningh●m , vvilliam puref●y , gilbert millington , henry martin , robert tichb● , richard deane , john carew , o●en rowe , colonel vvalt●● , james temple , peter tem●le , french allen , daniel blagrave , thomas vv●ite , simon meyne , tho. andrews alderman of london , geo. fleetwood , augustine garland , vvilliam gawley , tho. h●r●on , john downes , vincent potter , nich. love , jo. dixwell , tho. hammond , sir gregory norton , percerine pelham , humphrey edwards , henry smith , john venus edmund harvey , tho. vvogan , jo. al●ned _____ moore and john hewson . resolved , that the serjeant at arms do such non mr. wallop to appear on monday next . the reader is to take notice that somthing was put into the last publicus , concerning the entertainment of his majesty at rochester , without the knowledge or privity of the intelligencer , it being formerly otherwise represented by him . rome may . the popes gallies are gone from civittavecchia , with three of the duke of florence , for the assistance of the venetians . the said duke hath given order for raising a foot regiment for dalmatia , a great many frenchmen , most of those that were prisoners at naples are listing themselves there , two hundred of them are arrived here . the queen christina of swedeland is making ready to go about the beginning of the next month , to give some orders about her own affairs , and is to return again hither . cardinal grimaldi is arrived here , and lodged in the palace mazarin , cardinal mancini having yielded to him the best lodgings . they say he comes to speak to the pope of the business of comadico and correggio , mentioned in the forty two article of the peace , and that he brings the blew ribbon to the duke of bracciano from the king of france . the cardinal azolini and pio , are said to take the french party . the business of the carmelites is composed , the pope having released the provincial of provence . mr. epidio cardin●l mazarines agent , is gone to naples to treat about some private business with the vice roy . st. john de luz , june . y●sterday at the fourth conference , the two chief ministe●s signed the treaty for regulating of the limits of rousillon , whereby the v●guery at constans , the county of and villages of cerdagne are to remain to the french . after the conference , the cardinal mazarin gave a sumptuous collation to don lewes d'haro and his retinue , with a fine consort of voyces , and all kind of musical instruments , that played two hours together , during which , many french and spanish songs were sung , both striveing to shew their joy of the reunion of the two crowns . several expresses are sent to cause the french garrisons to go out of roses , cap de quieres , belver and seau d'urgel , and to put those places in the hands of the spaniards . several barks have been sent from the harbor of ayde to carry to that of vendres in languedoc , the artillery , ammunitions , and provisions that are in those places . the regiment of champagne that was in roses , is commanded to go into the bur●onois , those of harcourt , french anjou , of the galleys , va●llac , estissac , coign●c and guienne to perigueux , sarlat and bergerac . to morrow the king of spain is expected at fontarabia , where the next day the marriage is to be celebrated . the fourth the duke of crequi is to carry the presents . the fifth the first enterview is to be between the queen and the king of spain . the seventh the two kings are to meet . the eighth the infanta is to be delivered into the hands of the queen her aunt . the tenth the marriage is to be consummated . the twelfth the court is to go for bordeaux , from whence the king is to go to roch●l with the cardinal , and meet the two queens at poitiers , to be together at fontainebleau the fifteenth of july , where the promotion of the knights of the order of the king is to be made . paris june . though by letters from st. john de luz , we have an account of the several days appointed for the ceremonies of the kings marriage , yet we hear not yet that any of them be accomplished , and the marquis de valavoir , who came from court the third instant , such that no day was yet certainly appointed for that . the government of champagne hath been bestowed by the king on the count of soissons ; that of bourbonois on the moquis d'humieres , and that of a●guesmor●es on the marquis of var●es , his majesty hath made a present of crowns to the marquis of richelieu , which are to be put in the ha●●s of mounsieur le ●ellier , to see them well disposed . st. sebastian , the same date . the of the last month , the infanta was above an hour upon a belconi , in the street where the procession passed , and was seen there , with great satisfaction by all the french that were present . the king of spain is to go to morrow with that princess to fontarabia , and from thence to the isle , where the two courts will meet . luxemburgh the same date . the of the last month there was a great fire at arlon , which continued all the next day , and consumed houses , besides the parish church , and the covent of the carmelits , but the fire was quenched by the resolution of some officers of the garison , when it was come already within half a foot of the powders , which would have spoiled the whole town . pontoise june . the fourth instant the general assembly of the clergy of france begun to sit here , with the usual ceremonies in such occasion . another from st. john de luz , june . the of the last month , their m●jesties performed their devotions at the church of st. john , and assisted to the procession with monsieur the kings brother , madammoiselle , and the two princesses her sisters , the bishop of bayonne having officiated in the presence of many other prelates . in the afternoon the king sent the marquis de saucourt to complement the king of spain and the infanta , who received him very favorably . the . the cardi●al mazarin and don lewes d'haro had a f●urth conference , where they happily ended the remaining difficulties , so that all is now ready for the kings marriage , the king of spain having sent word , that without faile he will be to morrow at fon●a●abi● , to see the first ceremony celebrated there on the thursday following , and the next day after will repair to the isle of the conference , where this court will be the fifth instant . after which the new queen will be brought either for the consummation of the solemnity , on the sixth , in the church of st. john , which is prepared for that end . stockholm , may . this day the corps of our late deceased king arrived here , being accompanied by our young king , the queen , and all the senators and grandees of the kingdom , and was deposited in the cathedtal church , until all things be made ready for his funeral . among other preparations that are making for the same , a coffin all of silver curiously wrought , with the representations of all the warlike exploits and atchievements of the said king , is preparing , which will be worth above l. sterling . the men lately levied here , have been lately mustered , and expect nothing but the orders for their march . elsenore , may . since the taking of the ten swedish ships by the hollanders , the mediators have not given any v●sit to the dutch commissioners , nor received any from them ; and these seem to be somewhat perplexed how to palliate that affair . the said mediators have written a letter to the said commissioners about it , but received no answer upon it . they offered to carry the said ships into a danish harbor , to have them there adjudged lawful prize ; but the king of denmark hath hindred it , not being willing to meddle with that business , which he doth not account to be just . the queen of denmark hath given order for preparing a stately banquet , where at she intends to invite all the mediators and commissioners , to have occasion therein to reconcile the dutch with the rest of them . hague , iune . prince palatine rupert came hither lately , thinking to have met here the king of england , but he was gone before , therefore he went back to his quarters , having had leave to he absent only for twelve days . the princess royal is going to amsterdam with the prince of or●nge her son , where they are to be gallantly entertained by the magistrates of that place . advertisements of books newly printed and published . ☞ the history of his sacred majesty , charles the second , king of england , scotland , france and ireland , de●ender of the faith , &c. begun from the horrible murder of his royal father of happy memory , and continued to this present year . sold by henry eversden at the greyhound in s. pauls churchyard . the price , eighteen pence . the charges issuing forth of the crown-revenue of england , and dominion of vvales . with the several officers of his majesties courts , customs , housholds , houses , castles , towns of war , forts , bulwarks , forrests , ●arks , chases , with their several fees and a●lowances , according to the antient establishment of the kingdom . and also the valuation of he bishops and deans lands , with the tenths paid out of the same . by captain lazarus haward . sold by m. wright at the sign of the kings head in the old-baily . an advertisement . lost from newbery , on thursday the of june inst. one bay-gelding about hand high , all paces , a blemish on the near eye , and a small gall on the near side of his back . one black nag , with the sign of former farcy on the far side and breast , and a little star in the face , about hand , only trot & gallop . one bay-mar● without white , about hand , with a short crooked nose , trot and gallop . if any one can give notice where they are , or any two or one of them , to mr. tho. glashrook at brooks-wharf near queen-hithe , london , they sh●ll have s. for the three , or s. if not all . whereas it is printed in a book from the office of intelligence , that luke robinson was discharged the house , for being one of the judges of the late king . this is to inform . that he was none of the judges , nor named in the act for tryal of the king . a white greyhound bitch , belonging to his excellency , was lately lost from the cockpit . if any one bring her thither , he shall be well rewarded for his pains . from the isle of the conference june . s. n. last wednesday the instant about a clock at night the king of spain , with the infanta and all the grandees of his court arived at fon●●rabia , many trumpets sounding before hi● , and at the noyse of all the canon and the shot of the musqueteers of that place , who gave fire above an houre together . in the mean time the said king went into the castle of that town , prepared before for his reception and hung with very rich hangings , till of the clock his majesty and his noblemen refreshed themselves , being extreamly weary of their long march , in a very rainy day . about that time his majesty called all his grandees to him , and in their presence demanded of the infant● her renunciation to the crown of spain , which she very willingly ●●re under her hand , i know nothing of consequence transacted there , besides that night . yesterday the instant his catholick majesty came to the infanta's lodgings to let her know that she was to be married that day , desiring her to be ready about eleven clock to goe with him to the chief church of that place . about one a clock in the afternoon the bishop of pampolune having been informed that the king of spain was comming , took upon him pontificall habits , and the crosse and the pastoral hook being carryed before him , the musick going before , he came to the church doore , to receive his majesty , who at the same time alighting from his co●ch , was conducted by the said bishop ( the infanta being at his left hand , both under a canopy with curtains on all sides , but that which looked towards the alter ) the ki●g and the infanta were no sooner upon their knees , but the bishop began a little or low masse , which was very simple , very low and a very short one , during which the bishop of frejus took his place by the patriarch of the indias , being bo●h respective witnesses for their respective princes . the masse ended , the bishop put off his priestly garments and took on the episcopal robes , and coming down from the alter , drew neere to the canopy under which the king of spain and the infanta were ; all this while don lewes d'aro was behind the canopy , but then coming near , and having made a very low obe●●ence to the sai●● king and the infanta , as ambassador for the most christian king , he presented to the bishop the proxy he had of the said king to marry the infanta , which being read publickly and accepted of the infanta f●ll to the king her fathers feet , where after many reciprocal tears for their near separation : that princess assured him of her constant and perpetual submission , and demanded hi● blessing , which he gave her with many kisses , which notwithstanding his manly resolution , drew again a flood of tears from his eyes . then the said infanta having given her consent to the mar●iage , as well as don lewes d'aro , in the most christian kings name , after the usual words pronounced by the bishop , the said don lewis put on a rich ring upon the infantas finger , and the rest of the ceremonies being ended , the king of spain looking how upon his daughter as upon a foreign queen , gave her the right hand , and conducted her to the coach . there was a costly dinner prepared , the particulars hereof you may have fully hereafter , but i cannot omit what i hear for certain , that the king of france came there incognito , and was very much made of by the king of spain , who assured him of his resolution for a perpetual peace and amity , for a token of which he gave him his daughter , the preciousest jewel of his own eyes , and after their ●●tual oaths for the performance of what they were agreed before , towards that peace and amity , in such a solemn manner as the like is not to be found recorded , the most christian king retired . madamoiselle was there also incognito , and very much made of , though no notice taken of her quality . this day , the queen mother , with mounsieur the kings brother went to the palace of the conference , whether the king of spain is to bring the queen his daughter , himself incognito . to morrow and the two next days , the two courts are to meet again . the personal marriage is to be made , on monday or tuesday next , and thursday the whole court is to return towards paris . i must not omit that these two days there will many several private visits between the two kings and the queens , besides the publick 〈◊〉 and that the new queen will be brought hither on monday next at night . we have a particular accounts of all the jewels bestowed on the infanta by the most christian king ; being very considerable and large we must ●ea●e or the next . monday , june . at the house of commons . it was resolved , that dr. reynolds be desired to carry on the work of thanksgiving before this house on thursday come fortnight , the . of this instant iune , ( being a day set apart to return thanks to the lord for his majesties safe return to his government and people ) at s. margarees vvestminster . resolved , that the lord general take care that the oath of supremacy and allegiance be administred to all the officers and soldiers of the army . that the lord high admiral of england do take care that it be administred to the commanders and mariners of the fleet . that his majesty be desired to issue forth a proclamation , requiring all to take the oath of supremacy and allegiance , that are enjoined by law so to do . the house reassumed the debate of the bill of indempnity and oblivion , and rea● the letter of robert vvallop esquire ; as also the humble petition of charls lord st. iohn . resolved , that robert vvallop be discharged from being a member of this house , and une● , able of bearing any office of publick trust in the nation ; and that he be committed into the custody of the sergeant at arms attending the house . resolved , that luke r●binson esq be discharged from being a member of this house . r●solved , that sir henry vane be one of the twenty to be excepted out of the general act ●f indempni●y and oblivion , to suff●r such pains , penalties and forfeatures ( not extending to life ) as shall be thought fit to be inflicted by an act hereafter 〈◊〉 be ma●e for that purpose . res●lved , that vvilliam len●hal esq be one of the twenty to be excepted out of the general act of ●nde●nits and ob●ivion , &c. tuesday , june . the house ordered now writs ●o ●ssue for the election of burgesses for the respective places following , viz. a new writ to issue f●rth or the election of a burg●ss for tiverton in com d●von . mr. bampfield having waved the election thereof , to serve for exe●er . a new writ for a burgess to serve for vvhi●church in com . southton . in the place of robert wallop esq discharged from being a member of this house . another for nottingham●ow , in the place of col. iohn hutchinson discharg'd . another for north-allerton , in the place of francis ●assels discharged . resolved , that the bill for sal●s be taken into consideration on friday next . resolved , that the bill for ministers be taken into consideration on saturday next . the bill for ●oll-money was read the first time . the petition of several in slavery under the turks , was read and referred to a committee . resolved , that the sad condition of the lord inchequin and his son now captives under the turk , he repre●●nted to his ●ajesty , and that his majesty be desired that some effectual course be taken for their redemption . the house resumed the debate upon the bill of indempn●●y and oblivio● , and ordered 〈◊〉 william●●●●ion be one of the twenty to be excepted , and to suffer such pain● , penalties and forfeitures ( not extending to life ) as shall be thought fit to be inflicted on him by an act h●● enter to be made for that purpose ▪ a petition of mr● . love was read ▪ wednesday , june . at the house of lords . letters patents from his most sacred majesty ; constituting sir orlando bridgman lord chief baron of the exchequer , speaker of the house of lords in the absence of the lord chancellor , were read and agreed unto ; whereupon the lord chancellor going away , sir orlando performed that office . at the house of commons . the house resumed the debate concerning the bill of indempnity and oblivion , and ordered that oliver st. john colonel sydenham alderman ireton colonel disbrow sir arthur hesilrigge be of the twenty to be excepted , &c. whitehall . on monday may . the king of swedens plenipotentiories had a gracious audience of his most sacred majesty . on tuesday several swedish lords waited on his majesty , and were graciously received . the same day his excellency presented an address from col. yaxley robinsons regiment to his majesty , which could not sooner be sent up , in regard that regiment quarters about the farthest parts of scotland , and is much dispersed . col. phaire , col. huncks mr. cook , and one hulet , against whom evidence was given in ireland , that he cut off his late majesties head , were according to order brought prisoners to town . sir william salkeld was lately sworne of the gentlemen of the king privy chamber in ordinary . and besides these formerly mentioned , the marquis of hertford and general montague received the honor of the most noble order of the garter . the lords sent a message to the commons , desiring their concurrence to a petitio● to be presented to his majesty from both houses for publishing his majesties late proclamation against debauched and prophane persons , throughout the kingdom , which the commons agree unto mr. speaker informing the house , that mr meyne , col. waite , and col temple , three of his late majesties judges , had rendred themselves to him according to the proclamation , and that he had committed them to the serjeant at arms , the house approved of their commitment . london , printed by john macock and tho : newcomb , . the humble petition and resolution of the deputy-lieutenants, captains, officers, souldiers, and voluntiers of the trained bands of the county of warwick to the right honourable, robert lord brook, lord lieutenant of the county aforesaid, and by his lordship presented to the high court of parliament, july . . with the answer of the lords thereunto annexed. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing h thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) the humble petition and resolution of the deputy-lieutenants, captains, officers, souldiers, and voluntiers of the trained bands of the county of warwick to the right honourable, robert lord brook, lord lieutenant of the county aforesaid, and by his lordship presented to the high court of parliament, july . . with the answer of the lords thereunto annexed. england and wales. parliament. house of lords. sheet ([ ] p.) july . london, printed for joseph hunscott, and john wright, [london] : . with an order to print dated and signed: die sabbathi, julii, . joh. brown, cler. parl. reproduction of the original in the british library. eng great britain -- militia -- early works to . great britain -- history -- civil war, - -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no the humble petition and resolution of the deputy-lieutenants, captains, officers, souldiers, and voluntiers of the trained bands of the coun england and wales. parliament. c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - elspeth healey sampled and proofread - elspeth healey text and markup reviewed and edited - pfs batch review (qc) and xml conversion the humble petition and resolution of the deputy-lievtenants , captains , officers , souldiers , and voluntiers of the trained bands of the county of warwick , to the right honorable , robert lord brook lord lievtenant of the county aforesaid , and by his lordship presented to the high court of parliament , july . . with the answer of the lords thereunto annexed . to the right honourable robert lord brook , lord lievtenant for the county of warwick . the petition of the deputy lievtenants , captains , officers , and souldiers of the trained-bands , and voluntiers of the county aforesaid . humbly sheweth , that as it was no small comfort , and setling to the well affected of the whole kingdom , when they understood the most excellent , necessary , and seasonable ordinance of both houses of parliament , concerning the militia , so in speciall , we of this county , who did most earnestly petition for it , do desire to come short of none in the expression of our unfeigned thankfulnesse to them , for the happy accomplishment thereof ; as also , for their respects to us , in appointing your lordship our lievtenant . our request to your lordship is , that you will present our most humble and hearty thanks to the parliament , signifying our readinesse to obey his majesties royall authority in this their happy ordinance of the militia , and our resolutions to adhere to his majestie , and both houses of parliament , to the losse of the last drop of our dearest bloud in securing his and their persons , and advancing their designes ; which ( though maliciously traduced by some few malignant persons ) we rest most assured , ●ends only to the establishment of truth and peace to us , and our posterities . for the better securing whereof , we humbly and heartily pray this ordinance may be continued , till by some other effectuall provision , the peace of this kingdom , and the securitie of our laws be established , especiallie by putting the power and care of their execution , in such hands as the parliament , and kingdom may confide in ; which by the late violation of the petition of right , we have cause to recommend to the parliament , as fearing the like miscarriages for the time to come , of whatsoever good laws you can provide , without some such way of securitie . and we further pray , that some speedie course may be taken , to remove from his majesties most sacred person , all pestilent troublers of this church and state ; and for such members as leave that great councell , and leane to the malignant party , our most humble and earnest desires are , that they may receive such condigne and speedie punishment ( the kingdom groaning under so long delay ) as shall be thought fit by the wisedome and justice of this parliament . one request more that concerns this countie , we humblie present your lordship with , that the magazine thereof , which lies in the citie and countie of coventry , may be removed and laid up in your lordships castle at warwick , as the safest place of the countie , with a sufficient guard , provided by the countie for the securing of it . and your petitioners shall ever pray , &c. the lords answér . my lords have taken your petition into consideration , and receive much contentment in the good affections you have expressed , thus seasonably and necessarily , for the good of the king and kingdom , and for their lordships encouragement in the performance of their duty ; for which they give you hearty thanks : and my lords do assure you , that ( god willing ) they resolve to insist in their former declared resolutions for the upholding the true religion , the kings authority in the highest court , which by sundry late declarations and practises to abuse the people , they finde so much vilified and invaded , the priviledges of parliament , the free course of justice , the laws and peace of this kingdom , notwithstanding any dangers and hazards that for that cause befall them . that for the manifestation of their good affections , and their lordships kinde acceptation thereof , they have commanded your petition and this answer , to be forthwith printed and published . die sabbathi , julii , . ordered by the lords in parliament , that this petition and answer be forth with printed and published . joh. brown , cler. parl. july . london , printed for joseph hunscott , and john wright . . to the right honorable edward earl of clarenden, lord high chancellor of england, the humble apology of roger l'estrange l'estrange, roger, sir, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing l a estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) to the right honorable edward earl of clarenden, lord high chancellor of england, the humble apology of roger l'estrange l'estrange, roger, sir, - . [ ], p. printed for henry brome ..., london : m. dc. lxi. [ ] reproduction of original in huntington library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng l'estrange, roger, -- sir, - . clarendon, edward hyde, -- earl of, - . great britain -- history -- charles ii, - . great britain -- politics and government -- - . - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion to the right honorable , edvvard earl of clarenden , lord high chancellor of england : the humble apology of roger l'estrange verbera , sed audi. london , printed for henry brome , at the gun in ivy-lane . m.dc.lxi . my lord , i am deliver'd from all other care then of my duty and my honour ; and this tranquillity of thought , i am to thank the malice of my fortune for ; which has left me neither worse to fear , nor much better to hope for . in this estate of freedome and security , i must presume to dedicate this paper to your lordship : which is no more then a fair offer of a supposed criminal to a publique tryal . be pleas'd to know ( my lord ) that upon friday morning last , in westminster-hall , a gentleman took me aside : l'estrange ( sayes he ) i am glad to meet you : for i 'm unquiet till i have told you something , which both in honour , and in conscience , i think my self oblig'd to acquaint you with . continuing thus , i am the person that gave intelligence to my lord chancellour , that you betray'd the king's designs ; but with such caution , and deliberation as you your self in my place would have done no lesse . my lord ; he told me the whole matter , with so obliging and so frank a cleerness , that truly when i weigh one office against the other ; ( that is , according to their true intention ) his iustice and his kindness here , compar'd with his former mistake , i reckon that i have an obligation to him . this gentleman was further pleas'd to give me a view of your lordships answer to him ; which i confess , was charitable , considering the suggestion , but as related to my innocence , 't was sharp and cruell . i do not wonder now ( my lord ) at some discourses i have heard of late ; as if your lordship were my enemy ; ( having such reason for it ) nor at his sacred majesties displeasure , toward a person under so black a character . to clear my self to you my lord , and to the world , must be the businesse of this paper . waiving the parties mediate to this notice ; the ground of all is fix'd upon mr. iames whitlock : a captain of horse , and a knight of cromwell's . he ( as this gentleman my friend undertakes to prove ) declar'd , that l'estrange was a traytour ; and to his knowledge had received six hundred pounds in gold , from cromwell . — hinc illae lachrymae . i shall not passe good manners so far , as to call this scandal by the right name : but this i humbly begg , and offer that i may put my life upon the tryal ; which i profess i had rather lose , than in the case of treason , wear it as a mercy . further my lord , i shall be bold to add , that these ensuing particulars are truths . . i never took protestation , covenant , oath , or any engagement of that quality from them . . i never comply'd with the party in any thing whatsoever , related to the publique . . i never spake to cromwell , save four times in my life . first , being his prisoner at chambridge . twice more , while i was a prisoner in newgate , i went to him ( under a guard ) to move for an exchange . the fourth and last time was in . when being ty'd by a restreyning order to attend an examination , and my father lying then upon his death-sickness , i mov'd cromwell that i might go down and receive my fathers blessing . . i did never communicate directly or indirectly ( as i have said elsewhere ) with any man of the party upon publique business . . i never made a particular acquaintance with any man of that side , that had not first disown'd the cause , and actually serv'd the king. . i did never decline either hazzard , labour , or ( to my little power ) expence , in order to his majesties service : nor did i ever let slip any opportunity of doing my duty . now ( with your leave my lord ) i challenge the whole world to contradict me : and by your lordships favour yet a little further . i was engag'd in the first scotch expedition : after which , when the broyls began in england , i was confederate with divers gentlemen to endevour the securing of lin regis for his majesty . that failing , i betook my self to oxford , and serv'd in prince rupert's troup . my next remove was to newark ( then govern'd hy the now-lord byron : ) where , after a while , i reciev'd an invitation out of norfolk to attempt something upon lin. the motives to the enterprize were these . walton the governour was before crowland ; ( a place of consequence and strength . ) and lin left almost without a guard ; and a considerable number of gallant gentlemen , that had been taken at lincoln , and gainsborough , then prisoners in the town . this occasion call'd me to oxford , where i received his late-majesties commission , to endevour the surprizal of the place . it was sign'd , and deliver'd to me , by the now-earl of bristol . i was betray'd in the attempt by one leman , formerly of the kings party , and ty'd up by an oath of faith , and secresie , as binding as syllables could make it . thence , i was carried to london , and there adjudg'd to dye ; under these solaecismes . first ; i condition'd for my life when i was taken . next ; it was contrary to articles betwixt the earl of manchester , and the governour of newark ; to which garrison i belong'd . thirdly ; the committee by their own law were not empowr'd to try me . fourthly ; they jugled up a court almost at midnight , and sentenc'd me to death without a hearing . lastly ; i was adjug'd to dye by a court-martial as a traytor , yet they themselves confess'd that i never receiv'd any trust : d. mills the now chancellor of norwich was my iudge-advocate . betwixt my doom , and my appointed execution , mr. thorowgood , and mr. arrowsmith , ( then of the synod ) gave me a visit ; and very friendly tendred me the utmost of their interest to save me ; if i would but petition for mercy , and offer to take the covenant . these gentlemen will acquit me ( my lord ) that i refus'd it . at length by the interest and kindness , particularly of the earls of northumberland , essex , stamford with others , i was reprieved ; first , for a fortnight , and till further order ; and then , under colour of a further hearing : which in almost four years i could not obtain , although i pressed it earnestly . with the same faith and openness have i proceeded to this instant . out of newgate , i slipp'd into kent in , and of that action i presented your lordship with a printed accompt in flanders : to which i dare refer the most unsatisfy'd of my enemies . after that defeat i cross'd the seas , and return'd in , fixing in london , as the most proper place , in relation both to my publique duty , and particular safety . since which time my lord , let my soul answer for it , if ( according to the best of my own memory ) i ever exchang'd one syllable with cromwell . during the cheshire motion , i can appeal to a hundred several persons in london , and to a declaration now extant in my apology , that at that time i was not idle . and touching those succeeding broyles which more immediately led to his sacred majesty's return . i dare remit my self to half the honest part of the city ; who then were of opinion that those remonstrances , protests , resolves , engagements , declarations , &c. however drawn by my unlucky hand , were no ill office toward his majesty : they will at least acquit me , of ill meaning . at last my lord , having scap'd all these rocks and storms , i meet new dangers in the harbour : i find my self crush'd under fresh mistakes . but i shall be too bold . — briefly ; i have spent twenty yeers now in his majesties service according to my duty ; and after all , i only beg not to be thought a villein . my lord , decemb. . . i am your lordships most obedient servant . roger l'estrange . englands murthering monsters set out in their colours. in a dialogue between democritus and heraclitus. g. p. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing p thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) englands murthering monsters set out in their colours. in a dialogue between democritus and heraclitus. g. p. sheet ([ ] p.) s.n., [london : ] verse - "weeping heraclitus laments to see". imprint from wing. a satire. annotation on thomason copy: "jan. . ". reproduction of the originals in the british library. eng political satire, english -- early works to . great britain -- politics and government -- - -- humor -- early works to . a r (thomason .f. [ ]). civilwar no englands murthering monsters set out in their colours. in a dialogue between democritus and heracclitus. g. p. b the rate of defects per , words puts this text in the b category of texts with fewer than defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion englands murthering monsters set out in their colours . in a dialogue between democritvs and heracclitvs . weeping heracclitus laments to see jack-anabaptist in such state to be . democritus hopes before the month of june , that the birds will sing another tune . heracclitus . o that mine eyes were a continual river of briny tears , that i might weep for ever , to see the woes that mortals do attend for sin , yet men will not their lives amend . democritus . i laugh to see so many men grow mad , ( like fools ) to loose what liberty they had by seeking more ; and for believing lyes , are come in bondage to their enemies . herac . alas ! i grieve to see that woes of albion , ( once happy seat of learning and religion ) now ( sad ) become the stage of villany , of vice , the mother , under tyranny . dem. i nothing view upon the stage of albion , at present , but a chaos of confusion , where hell-spur'd pluto in a godly guise , doth play guvanto 'gainst the christmas-pyes . herac . i much lament to see his oylie-head ( whose hand th' almighty treble sceptered ) upon a block of impudence most great , and wilful murther'd near his sacred seat . dem. it s not a sport to see the ignoble groom swording and swaggering in his soveraign room , and when he please to speak but half a word , he must reply him with an , yes my lord . herac . i melt in tears to see the rebels reign in court and city with their hungry train , that like purse-leeches in the lawyers inn , sucks others wealth , to enrich their begging kin . dem. who can but laugh to see the cobling clown ( and dirty dray-man ) in a scarlet-gown lord it along ? sure 't is a wondrous fate to see such monsters in a robe of state . herac . o 't is a grief to see that wicked weal'd the sword and scepter that so long upheld justice and truth ; but now profound , profane hypocrisie , with schism and error reign . dem. i burst almost with laughter when i view so many polips in an humble hue , yet under hand , with a stock of impudence , strive for the title of , his excellence . herac . o , who can see the people by rebellion destroy the fountain of well-ordered union , and their allegeance basely basterdize to those that over them doth tyrannize . dem. i laugh to see how fortune ( wrong or right ) doth ( blind-fold ) make of any knave , a knight ; dis-thrones a monarch by unheard of fate , and lifts a lobster to a chair of state . herac . o! canst thou laugh to see the martial sword ( at pleasure ) make of any lout a lord , and such as are willing to be their constant slaves , are forc't to suffer for cowardly knaves . dem. weep if you list , and i will laugh it out , to see blind fortune throw the ball about ; one while a villain she doth inthronise , and with a worse doth him anon chastise . herac . i can but weep to see the once famous city slav'd to the will of an unsafe committy ; threatned with throws of furious fire-balls , and many murthered then within our walls . dem. i cannot well their woful case bemoan , that factious slaves do for their rulers own , who strongly strive for to destroy the state , and make all men believe that they do plunder hate . her. woe to the land where that the tyrants stores , that parliaments and peers they turn out of doors , and then restore , to gratifie ambition the rumpe thereof , in spite of all the nation . d●m . i laugh to see so many swaying swords swear that for zeal they hate a house of lords : when quaking coblers but with half their eies , they hope thereby to rule and revelize . her. pure zeal for peace , for freedom , and religion , is made a cloak to cover damn'd invention : and still the more i weep to see their folly , that hold such lewdness to be very holy . dem. lament no more , heraclitus , to see the louzie lobsters in such state to be , murthering like monsters such as them oppose , for to maintain their bastard good old cause . her. the cause was good , had they their oaths perform'd , but fickle faction hath it so deform'd , now vice is crept into our once happy land , but yet we hope it hath not long to stand . dem. 't is a sport to see the city be a baud , to any tyrant , and his train applaud : and some therein are so faint-heart and evil , to save estates they will adore the devil . her. still more i grieve to see the church despis'd by sacrilegers , that new waies devised for their will-worship ; and far past all awe profane , presume to jeer the sacred law . dem. and more i laugh to hear mr. mend-all tinker and tailot , mr. spare and spend-all think they can preach profound as any doctor with their new logick , and exceed the proctor . her. what clime , what time , what age , what nation , what grave historian worthy reputation , did ever note before these dayes of mine , so many wresters of the law divine . dem. i laugh to see such as with solemn vows pluralities of churches disallows ; be priests , be prophets , be both judge and jaylors , and for large stealing do exceed the taylors . her. i much bemoan to see the crimson hands that slew their neighbours , ther'by to gain their lands , be knaves , be keepers , be high chancellors , be clerks , be truck-men , and be treasurers . dem. 't is better for thee to preserve thine eyes , and lament not our sad calamities : t is vain to weep for such as hast to hell , and so my friend heraclitus farewel . g. p. the case of the old secured, secluded, and now excluded members, briefly and truly stated; for their own vindication, and their electors and the kingdoms satisfaction. / by william prynne of lincolns inne esq; one of those members. prynne, william, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing p thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) the case of the old secured, secluded, and now excluded members, briefly and truly stated; for their own vindication, and their electors and the kingdoms satisfaction. / by william prynne of lincolns inne esq; one of those members. prynne, william, - . p. printed, and are to be sold by edward thomas, at the adam and eve in little britain, london, : . caption title. imprint from colophon. there are two printings, one slightly revised, order not determined: ( ) with side-notes on the last page; text ends "those for whom they served."; ( ) last page side-notes and some others lacking; text ends "whereof they were fellow-members.". annotation on thomason copy: "january. . .". reproduction of the original in the british library. eng england and wales. -- parliament -- early works to . great britain -- politics and government -- - -- early works to . great britain -- history -- commonwealth and protectorate, - -- early works to . a r (thomason e _ ). civilwar no the case of the old secured, secluded, and now excluded members, briefly and truly stated;: for their own vindication, and their electors a prynne, william c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion the case of the old secured , secluded , and now excluded members , briefly and truly stated ; for their own vindication , and their electors and the kingdoms satisfaction . by william prynne of lincolns inne esq one of those members . jvly . . upon the earnest petitions of the aldermen , common council , & city of london , and most counties of england , miserably oppressed , impoverished , distracted , and well nigh ruined , by above . years intestine wars , between the late king and parliament ; the house of commons ( when full and free ) voted , that a treaty should be had in the isle of wight , with the king in person , by a committee appointed by both houses , upon the propositions formerly agreed on , and presented to him at hampton court ; which the lords house unanimously assented to : whereupon commissioners were nominated , and sent accordingly , to treat upon these propositions with the king ; and a special order , made and published by the commons house , september . for the respective sheriffs of each county of england and wales , personally to summon all absent members , to meet in the house septemb. . under the penalty of . l. for not appearing , in regard of the great importance of this treaty , for quieting the distempers , and setling the distracted minds of the people ; and because in the multitude of counsellors there is safety . hereupon all the members repaired to discharge their duty in the house ; after a long deliberate treaty for sundry weeks ( wherein the king assented to all the propositions in terminis ; except . * wherein he so far complyed with the desires of both houses , that the differences therein seemed not very considerable ) the treaty being fully concluded , was reported to the house of commons , decemb. . upon which the house presently entred into the debate of the kings concessions : those who were against them , desiring no peace nor healing of the kingdoms breaches , made this the question ; whether the kings answer to the propositions , were satisfactory , or not satisfactory ? but those who desired peace and settlement , made this the only state of the question ; whether the answers of the king to the propositions of both houses , were a ground for the house to proceed upon , for the settlement of the peace of the kingdom ? after four dayes and one whole nights serious debate , the question being put as last stated , decemb. . it was carried in the affirmative , without any division of the hou●e ; when there were . members in it , besides more declaring themselves for it , who through age , cold , and infirmity ( being unable to fit up all night ) departed before the question put , the dissenters being not the third part of the members then present . the army contrary to both houses orders were drawn up to westm. and removed the ordinary gards of the house out of their quarters during this debate , giving out menaces against all who should vote for the concessions , on purpose to interrupt and prevent this vote , and that by confederacy with some of the dissenting members . yet such was the courage , constancy , and sincerity of the faithfull members , that maugre all oppositions and difficulties , they put and carried the vote upon such grounds of reason , truth , justice , honesty and publick interest , as all their opposites were unable to contradict or refute . the vote being passed , the house appointed mr. pierpoint , and six other members to repair that afternoon to the head quarters , to confer with the general and his officers , to keep a right understanding and good correspondency between the house , and the general and army ; and then adjourned till the next morning . the commissioners repairing to the head quarters that afternoon were so rudely treated , that one or two of them were secured by some army-officers , and the rest put off and slighted without any conferrence . decem. . the army-officers sent sundry regiments of horse and foot early in the morning to westminster in a warlike manner , who placed themselves in the pallace-yards , the court of requests , hall , court of wards , stairs , lobby of the house , and all approaches to it , to secure and seclude those members who assented to this vote ; collonel pride & other officers who commanded the gard● having a list in their hands of the members names to be secured and secluded , given them , as was reported by cornelius holland , and other dissenting members , that morning they forcibly secluded above . members , keeping them out of the house perforce as they came to the lobby , and seised . members in the stairs and lobby , pulling two more out of the house it self into which they got before the officers espyed them : these . members they secured all day in the queens court , refusing to obey the orders of those then sitting in the house , who being acquainted with their seisure , sent the serjeant twice to command their attendance in the house , without any obedience or success : at night all the secured members but , instead of being caried to wallingford house to treat with the general and officers , as was promised , were unexpectedly thrust into a place called hell in westm : & there kept prisoners on the bare boards all the night , though extreme cold . the next morning . more members were seised , and many others secluded , affronted coming to the house . those in hell about . of the clock were carried fasting to whitehall , to confer with the general and army-officers , who imperiously made them dance attendance on them in a very cold room without fire ( for sundry hours ) or meat or drink ( but some burnt wine and biskets they sent for thither ) til a clock at night , not vouchsafing so much as to see or confer with any of them , as they promised ; and then sent them prisoners to the kings head and swan , through the snow and dirt , garded with musquetiers apiece and gards of horse besides , like the vilest rogues and traytors ; and there detained most of them prisoners sundry weeks , sending some of them close prisoners to st. james , and afterwards to windsor castle divers months space , without the least particular accusation , impeachment , hearing or tryal . the only cause of this their imprisonment and seclusion , as the officers confess in their answer to the house , touching the grounds of our securing , jan. . was our vote of decemb. . which the general and general council of officers thus particularly expressed the very next day , decemb. . . ( the day they secured and secluded us ) in their proposals and desires to the commons in parliament : wherein they desire , that some members by name may be secured , and brought to justice . and that those members that were guilty in the votes for the treaty , july . & decemb. . declaring the kings past concessions to be a ground ●or the house to proceed upon , for the settlement of the peace of the kingdom ; have deserted , ●etrayed , and justly forfeited their trusts for the publick and therefore most earnestly desired , that all such faithfull m●mbers who were innocent therein , would immediately by protestation and publick declaration ) acquit themselves from any guilt or concurrence in those votes , as corrupt and destructive : that so the kingdom may know who they are that have kept their trust , and distinguish them from the rest , that have falsified the same ; and that all such as cannot , or shall not acquit themselves particularly , may be immediately excluded or suspended the house , and not readmitted , untill they have given clear satisfaction therein to the iudgement of those who now so acquit themselves and the grounds of such satisfaction be published to the kingdom in obedience to these imperious desires of the general army-council ( the supream legislators , over-ruling both the house and general council of the kingdom ) about or members ( wherof some were army-officers , authors of those proposals , ) sitting under the visible over-awing gards of the army-officers , from december . till after all votes and orders passed , that can be produced for our suspension or seclusion , dec. , & . rerepealed the votes of july . . for the treaty , and decemb. . touching the kings concessions , according to the armie officers proposals , as highly dishonourable to the parliament , and destructive to the peace of the kingdom , and tending to the breach of the publick faith of the kingdoms : publishing . a declaration jan. . expressing their reasons for annulling and repealing these votes . and dec. . & . passed . orders , that none should sit or act as members , till they had made and subscribed their particular protestation against this vote . in pursute whereof decemb. . members ( whereof . are now sitting , the rest dead or absent ) entred their dissents and protests against this vote . decemb. . . more , now sitting , entred theirs : decemb. . . more ( . now sitting ) entred their dissents , yet they sat as an house . daies , before of them had entred their protests , and afterwards admitted others to sit , without entring any protestation , contrary to their order . by colour of which orders alone , and of their vote , jan. . upon the armie officers answer , that the house doth approve of the substance of the answer of the general council of the officers of the army to the demands of this house touching the securing and secluding of some members thereof : and doth appoint a committee ( of ) to consider what is further to be done upon the said answer , &c. and of another order in pursute of these february . ( three dayes after the kings beheading ) they have without any particular accusation , cause , summons or hearing at all , by their * vote of jan. . . adjudged and declared ; that the members who stand discharged ( in manner aforesaid ) from voting or sitting as members of this house , in the years . & . doe stand duly discharged by judgement of parliament , from sitting as members of this parliament , during this parliament : ( without so much as naming any one of them particularly in this , or any of their former votes or orders by which they exclude them ) and it is ordered ; that writs do issue forth for electing n●w members in their places . this being the true state of the secured , secluded , and excluded members case , in . & . to which the vote of jan. . and their forcible seclusion by their own order , both out of the house and lobby decemb. . . relates : the questions in law arising thereupon , are briefly these . . whether . parts of . and above members of the commons house , only for passing the premised vote dec. . . in order to the publike peace and setlement of the kingdom , without any sinister respect , after daies & a whole nights debate , according to their judgements , consciences , trusts , duties , oaths , protestation , vow , covenant , the general petitions , desires of their electors , and our . distracted kingdoms ; contrary to the sense of the minor part of the house , and general council of army-officers , ( who were but their servants , obliged to obey their just votes , and commands , and no members , judges , to controll them ) may be justly or legally secured secluded , and thus ●nworthily treated by the army-officers , by meer armed power ; and whiles thus secured and secluded the house , be ejected , dismembred , by the votes of . or . of their fellow members , only upon the army-officers imperious desires , whiles sitting under their horrid visible force ; which by their own and both houses declaration august . . ( in case of a contemptible force in respect of this , when no members at all were secluded ) nulls all their votes , orders and ordinances , at and from the very time they are made and passed ? and that without any impeachment , hearing , or trial whatsoever , contrary to all * laws , rules of justice , presidents and proceedings in parliaments , or other courts , in former times . . whether every member of parliament by the custom and usage of parliaments , be not obliged , according to his mind and conscience , freely to give his ay , and no , to every question propounded in the house whiles he is present , and finable if he refuse to do it , without the least blame , censure , or pretence of breach of trust ? and whether the freedom of the members debates and votes in the house in matters there propounded , be not the very principal , essential , fundamental privilege of parliament , demanded by every speaker , and granted by every king to the members at the beginning of every parliament , and denominating parliaments themselves ( derived from * parler le ment ) which if once denied , or made criminal ( as now ) & that to the major part , will utterly subvert the very name , essence , and being of all future parliaments ? . whether the army-officers and council out of the house , being servants only , commissioned and paid to guard the members privileges , and obey the orders of the house ; and neither electors , nor impowrers of the members secluded ; be sit judges of the majority of the members votes and debates in the house , which they never heard of , nor were present at , but by misreports or relations from others ? and if so , ( as these secluders then and now admit them : ) whether this will not subject those now sitting , and secluding us , with all members of subsequent parliaments , and all their votes , to the judicature of their gards , or any other number of factious people without doors ? yea justifie their own forcible exclusions and dissolutions by cromwell , apr. . . and since by lambert and hewson , octob. . . for votes and proceedings more unjust and unreasonable than ours of dec. . . is supposed to be , and subvert all the rights , privileges , power , authority and honor of english parliaments for ever ? . whether it be not a far greater breach of privilege , treason , and levying war against the parliament , in the army-officers , and sitting members at their request , thus forcibly to secure , seclude and eject above members , . or . times one after another , only for voting freely according to their mindes , consciences ; and refusing to retract and protest against their own and majorities votes ; than for cromwel , lambert , & others , to exclude but . . or . of them , sitting as an house and parliament , being encouraged and justified by their own votes , presidents and commands to seclude and exclude the majority of their fellow members , for voting contrary to the army officers desires and designs , who excluded them upon the same account ? . whether it be parliamental , rational , just equitable ( admitting the common , house have power in themselves alone , to vote out any member for misdemeanours or breach of trust , without the lords , which some deny , upon very good * presidents and grounds ) that the far lesser part of the commons house , may forcibly seclude and vote out the greatest part of their fellow members , only for over-voting , & dissenting from them in their judgements ? and not more just and reasonable , that the major part , being the house it self in law and conscience , should judge & vote out this minor part , for their antiparliamentary protestation , & such an unjust forcible seclusion & ejection , as ours by the premises now appears to be to themselves , and all the kingdom ; being the highest breach both of their trust , the privileges & rights of parl. & peoples liberties that ever any members were guilty of since parliaments began ? . whether their secluding , and * voting out all the secluded members , in the grosse . . and jan. . . without impeachment , summonning , hearing , or nominating any one of them in particular in their votes or o●ders , be not a most unjust , unpresidented , unparliamentary judgement and proceeding , contrary to all rules of justice in all other cases and judicatures whatsoever , & in this and former parliaments ; yea meerly null and void to all intents for its generality and incertainty ; it being the privilege of every member , to be first , accused ; ly . summoned to answer his accusation if absent ; ly . re-summoned upon default of appearance ; ly . to hear his charge , and make his defence , before he be secluded or suspended ; ly . to sit and vote in the house till suspended or secluded , by special order and judgement of the house , wherein he is to be * particularly named ; all which circumstances , were punctually observed by themselves , in sir henry vanes case jan. . . before they ejected him , since their vote against the secluded members ; which deserved as much right and justice as he , if not far more , who joynd with those mutinous army-officers who excluded them ; ly . if many be joyntly or severally accused , by name , they are to make their joynt or several answers and defences , and to receive their particular joynt or several censures , pronounced by the speaker in their hearing at the barre ; as in sr. h. vanes late case ; all which particulars fai●ing , in this general vote against them all ; the meanest of their electors , & of those for whom they serve ( more injured by this vote then themselves ) and all judges , lawyers now sitting with them , will pronounce their vote most absurd and void to all intents , unworthy the wisdom , justice and gravity of those , who stile themselves , the parliament ? . whether the ordinance published dec. . . in the name of the lords and commons , against a protestation dec. . . printed in the name of all the secluded and secured members , ( though not subscribed nor owned publickly by them , nor proved to be published by their order or privity ) disabling all the secured & secluded members to sit any mo●e , during this parl. ( which some pretend the chief ground of their ejection now , though never mentioned nor insisted on before ) without naming , hearing , or disabling any of those members in particular , or adjudging them , the authors of that protestation , be not meerly void & null to all intents , being so general and indefinite , made only by . or . lords , and . commoners at most , fitting under that very force , which then secluded , imprisoned the major part both of the lords and commons house , and so declared nul and void by the speakers letter , july . and the ordinance of both houses , august . ? whether the major part of the commons and lords house then forcibly secluded , might not by vertue of this ordinance , as well as their speaker lenthal by his letter , and both houses by that ordinance , declare all proceedings , votes and ordinances in the respective houses , whereof they were members , void and nul to all intents , during their forcible seclusion , and the force then put upon the houses , without any offence or crime at all deserving seclusion ; and were not bound by their protestation , league and covenant , to do it , to preserve their own , and the houses privileges , being the far greater number of members , . times more than those who voted them out ? it differing much from the protestation of some of the bishops , committed to the power for their protestation , dec. . . because they were not forcibly secluded , as we . ly . not the majority of the bishops , much less of the lords house , as we . ly . they protested against all proceedings whatsoever in both houses of parliament during their absence ( not seclusion ) from the house , as void and null , til their restitution , not in the lords house alone , which was the chief , if not only exception against their protestat . though there was then no force upon the lords or commons ; but the protest . in the secluded members names protested only against the proceedings in the com. house , during their forcible securing and secluding , and the force upon those that sat . ly . they were heard in the lords house concerning it , before they were committed : but none of the secluded members were ever yet heard before their seclusion or securing . ly . they were only imprisoned for their protestation during the lords house pleasure , not excluded & voted out of the house during the parliament . upon all which considerations , the proceedings of the major part of the lords house against them , do no way warrant the declaration of the minority of the com : house and lords , against the majority of the commons house , then under a force and secluded , and the majority of the lords house , together with them . all which the secluded members presume will fully satisfie those for whom they serve , and the whole english nation , world , and their ●ecluders too , of the injustice of their former and late forcible seclusions , and ejections by their premised orders , votes , & vindicate the rights and privileges of parliament , til they can meet together in safety , to draw up a larger decl : of their case & unjust antiparliamentary exclusion , without the danger of a new securing , being all ordered to be seised on at mr. ansleys house in drury-lane the th . of this january by a party of . musquitiers , and captain commanding them , accompanied with one of the serjeants men , who beset and searched the house to apprehend them , but that they were all departed thence before they came thither , and so escaped their hands ; the cause of this brief publication . the secluded members repute it very hard , and injurious , that they should be thus frequently , and long secluded by force , and many of them * imprisoned divers years , and publickly excluded and slandered by their fellow-members votes behind their backs without hearing , or the least admission to vindicate their innocency and the justice of the vote for which they are secluded , in the house ; and yet be searched after and re-imprisoned and secured by armed gards by order of their secluders , for endeavouring to vindicate their own innocency , parliamentary rights , privileges , and the liberties of those many counties , cities and boroughs , for which they serve , without doors , when as they cannot be admitted to it in the house it self , unlesse they will first eat and retract their former votes , against their consciences , privileges , and abjure their former oaths , protestation , covenant , declarations , by taking a new inforced ingagement : whereupon they desire their few secluders to consider the cor. . , &c. for the body is not one member but many , &c. but now god hath set the members every one of them in the body , as it hath pleased him . and if they were all one member , where were the body ? but now are they many ( not few ) members , yet but one body . and the eye cannot say to the hand , i have no need of thee ; nor again the head to the feet , i have no need of them ; nay , much more those members that seem to be more feeble are necessary , &c. that there should be no division in the body , but that the members should have the same care one for another . and whether one member ( much more when most of them ) suffer , all the members suffer with it ; or one member be honoured , all the members rejoyce with it . which consideration , with that of mat. . therefore whatsoever ye would that men should do unto * you , do you even so to them , for this is the law and the prophets thes. . . let no man over-reach , oppress , or defraud his brother ( much lesse so many brethren of eminency ) in any matter . ( especially in their publick parliamentary trusts , rights , privileges , ) because the lord is the avenger of all such , as we have forewarned and testified ( and their own double forcible seclusion hath fully exemplyfied , ) might now at last convince them of , and convert them from their former injustice and violence , and make them more just and tender towards us than hitherto they have been , either as christians or englishmen , who are members of one and the self-same church , kingdom , parliament , house , formerly united-together in strictest bonds of unity and amity , though now sadly divided by their force and fury , to the ruine both of the church , kingdom , parliament , and the house it self whereof they were fellow-member , and intollerable discontent & oppression of the whole nation , and those for whom they served . finis . london , printed , and are to be sold by edward thomas , at the adam and eve in little britain , . notes, typically marginal, from the original text notes for div a e- * see mr. prynnes speech dec. . . and a vindication of the secured and secluded members . * without any declaration at all to the kingdom , counties cities , boroughs , for which we served , or us , of the reasons , justice , grounds of this their new and former votes which was expected and will be demanded . f●om them . * magna charta , c. . e. c. . e. . c. . e. . c. e. . c. . petition of right , caroli . * cooks . instit. ch. . * see my plea for the lords , and registers of parliamentary writs . * these secluders think their votes omnipotent , who can blow up the majority of their fellow members & whole house of lords with the breath of their mouths , like chaff , without any reason expressed , when as the old gunpowder traytors could not blow them up , but with almost as many barrels of gunpowder , as they were then and now members . * cooks instit ● . instit. p. ● . to , , , * major gen. brown . imp●isoned and close imprisoned . years and . months . mr. prynne close imprisoned in d●nste , taunton . and pendennis castle . years & . months . sir will waller , sir will. lewis , sir john clotworthy , commissary copley , and mr. walker , two years or more , without hearing or cause expressed . * in the case of their own seclusion , which they so much condemned in cromwell and lambert . dagon demolished: or, twenty admirable examples of gods severe justice and displeasure against the subscribers of the late engagement, against our lawfull soveraign king charls the second; and the whole house of peeres, in these words. i do declare and promise, that i will be true and faithfull to the common-wealth of england, as it is now established without a king or house of lords. also against some of the judges of the late king in the high court of injustice. published, to reclaim such fanatique persons, who have been too forward to promote this wicked, destructive engagement; and still designe it, which hath wounded the consciences of so many godly christians in this kingdome. by that late worthy patriot of his country, mr. john vicars. vicars, john, or - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing v thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) dagon demolished: or, twenty admirable examples of gods severe justice and displeasure against the subscribers of the late engagement, against our lawfull soveraign king charls the second; and the whole house of peeres, in these words. i do declare and promise, that i will be true and faithfull to the common-wealth of england, as it is now established without a king or house of lords. also against some of the judges of the late king in the high court of injustice. published, to reclaim such fanatique persons, who have been too forward to promote this wicked, destructive engagement; and still designe it, which hath wounded the consciences of so many godly christians in this kingdome. by that late worthy patriot of his country, mr. john vicars. vicars, john, or - . p. printed by t. mabb, for edward thomas, and are to be sold at the adam and eve in little-brittain, london : . thomason e. [ ]. annotation on thomason copy: "april. ". reproduction of the original in the british library. eng england and wales. -- parliament -- early works to . government, resistance to -- england -- early works to . great britain -- history -- commonwealth and protectorate, - -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason e _ ). civilwar no dagon demolished: or, twenty admirable examples of gods severe justice and displeasure against the subscribers of the late engagement, again vicars, john b the rate of defects per , words puts this text in the b category of texts with fewer than defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - elspeth healey sampled and proofread - elspeth healey text and markup reviewed and edited - pfs batch review (qc) and xml conversion dagon demolished : or , twenty admirable examples of gods severe justice and displeasure against the subscribers of the late engagement , against our lawfull soveraign king charls the second ; and the whole house of peeres , in these words . i do declare and promise , that i will be true and faithfull to the common-wealth of england , as it is now established without a king or house of lords . also against some of the judges of the late king in the high court of injustice . published , to reclaim such fanatique persons , who have been too forward to promote this wicked , destructive engagement ; and still designe it , which hath wounded the consciences of so many godly christians in this kingdome . by that late worthy patriot of his country , mr. john vicars . eccles. . . curse not the king , no not in thy thought . god hath woollen feet , but iron hands . aug. london , printed by t. mabb , for edward thomas , and are to be sold at the adam and eve in little-brittain , the stationer to the reader . kinde reader , this ensuing narration came to my hands casually , from a christian friend of mr. iohn vicars , lately deceased ; from whom he had it , being written with his own hand ; the end of publication is , that god may have the glory , and that all true christian protestants may receive some benefit by it , which is the unfeigned prayer of , thy friend , e. t. the westminsterian engagement . january . . i doe declare and promise , that i will be true and faithfull to the common-wealth of england , as it is now established without a king or house of lords . the summe or substance of the penalty of not subscribing it . be it enacted by authority of parliament , that whatsoever person or persons shall refuse the taking or subscribing of this engagement , shall be disabled to hold or enjoy any place or office of publique trust , profit , or employment whatsoever ; and that if he do continue therein without any such subscription as aforesaid , contrary to this act of parliament ; he shall forfeit all such offices , places or employment and profits whatsoever ; and shall forfeit also double the value of such profits and benefits as they shall have received and taken as aforesaid : and for default of distresse and sale of such offenders goods , the offender to be imprisoned , till the said forfeitures be fully satisfied and paid . and it is further enacted and declared , that all and every person or persons so offending as aforesaid , is , are and shall be uncapable of voting or giving his suffrage or consent in the choice or election of any officer or magistrate in the city of london or else where , within the common-wealth of england . and shall also be uncapable of the benefit of law from any courts of justice of this commonwealth , in any manner of plea whatsoever , between plaintiff and defendant , in or for any suit , plaint , bill , action , information , writ , demand , execution , or any other processe whatsoever , except onely in case of treason , felony , or breach of the peace and good behaviour . the observation on this penalty , for non-subscribing the engagement . the sum of the aforesaid penalty , amounting to thus much , that every person whatsoever , that subscribes not their engagement , is made an absolute out-lawed person , unable to help himself , or to be holpen by any , against any wrongs or injuries whatsoever , done to his person or estate , except as before , by them excepted . such a cruelty and tyranny as never was heard of in this kingdome , nor in any nation , or well governed state , or common-wealth in christendome ; especially to be enacted or executed upon any of their natives , or free denizens , though never so foul or hainous offenders ( much lesse upon their pious , peaceable and most honest people ) save onely among the antichristian romanists , against those whom they call and counted hereticks . wherefore since the saints godly party at westminster ( as they most audaciously and falsly call themselves ) and all the rest of their most hypocriticall adherents have been so bold thus to set up this dagon by gods ark , and their posts by gods posts , and so deceitfully to glory and triumph in their pretended providences and successes , ever since their , thus , setting up this dagon , the westminsterian engagement , in opposition to the nationall covenant . i shall here , now ( therefore ) give the godly and impartiall reader , divers most remarkable examples , and apparent demonstrations of gods evident and eminent wrath and indignation , expressed against them ever since their setting up their said dagon , in these most memorable and remarkable examples , following : twenty admirable examples of gods displeasure against subscribers of the engagement , and complices with the late power . . then consider , admire and wonder , that upon the very first day of the publication of the act for taking the engagement , which was january , . in the evening of that same day , did that most terrible and fearfull fire by gun-powder break forth at barkin-church , neer the tower of london , the like to which was never seen or heard of before , in or about the said city , in which were most suddenly blown up and destroyed above a hundred houses , and above . persons most lamentably kill'd and destroyed , and their carkases miserably torn in pieces ; among whom was lievtenant col. smith , one of sir hardress wallers chief sticklers , to pull the secluded members out of the house of commons in parliament . and was not this a most fearfull forerunner and heavy harbinger of the wofull effects of this their immediately following engagements . . one mr. mosty minister of in essex having taken the engagement ( and that in his own sense and limitations , to his best content , as he thought ) yet was immediately after so perplexed and distracted in his conscience , that he could neither preach nor pray , nor be at any quiet or peace within himself , till he had procured liberty to race out his name from under the engagement : whereunto he had subscribed it . . one col. russell , a great favourite and commissioner in the army , after his taking of the engagement , was so vexed and distracted in his soule , that he confessed to some of his religious friends ( himself also being lookt upon as a very religious gentleman ) that immediately upon his taking the engagement , he found by evident symptomes , that the devil took actuall possession of him , and made him desperately prone to commit any notorious villany whatsoever , even to the ravishing of his own maid-servant ; but afterward gave most eminent testimonies of his true repentance , and abhorrence of his taking of it . . one mr. edward fisher , a very tender consciencious christian , and godly citizen of london , in the old-baily , having taken the engagement , and though in his own sense and limitations ( as he thought to his full content ) yet presently after , being extreamly grieved and perplexed in spirit , for that he had done , therein laboured to alderman allen to have his name raced out , but could not be permitted , to the increase of his great grief ; and thereupon fell into great distresses and trouble of conscience , and into pyning and languishing sicknesse , caught a great fall in his house , which put his shoulder out , of what , and lying in continuall distresse and perplexity of spirit , complaining still of his taking the engagement : thus pining and languishing away , he shortly after died . . one mr. hall of st. needs in huntington-shire , having been a most eminent professor of religion , and extraordinarily gifted in prayer , and godly conference ; afterwards complying with the times , taking the engagement , and turning a great stickler with the army ; at last , turned a very so● in matters of religion ; and one night going forth of his house in an out-room hang'd himself , and there was found the next morning . . one mr. midgeley a school-master in ouldham neer manchester in lancaster-shire , having been an engager , and great prosecutor of his eminently godly minister , mr. constantine , and having been writing ( one night ) divers accusations , and such like papers against his said minister , whereunto he was hired by one mr. ashton a justice of peace of the same parish , and by diverse other eminent enemies of the said mr. constantine , because he would not take the engagement ; and they having paid the said mr. midgeley for his pains ; and he going home that night , there having been a great snow on the ground , and the weather very bitter cold , he was the next morning found dead in the snow , and onely his finger and thumb of his right-hand , eaten or bitten off from his hand . . also the aforesaid mr. james ashton of chadarton in the said parish of ouldham , once a desperate malignant in the first war against the parliament , but afterwards having made his peace , taken the engagement , and turned a great stickler for the present times ; was made a justice of peace , and became one of the aforesaid mr. constantine's greatest enemies , sequestred the said mr. constantine out of his living , and for the cause aforesaid , the refusing the engagement , imprisoned , and after banished him out of the county ; and after this , hearing that mr. constantine had preached twice or thrice in the country , he summoned him again to appear before him , intending to have punished him sorely for his presumption : but in the mean season , it pleased the lord to strike this mr. ashton ( who before had been a gentleman naturally very healthfull , and of a strong constitution of body ) into such a languishing sicknesse , as made him daily pine away ; so as no means or physick could help him , and ( which is most remarkable and fearfull ) before his death , he became so full of lice , continually , that all the shift and attendance that possible was used , could not cleanse him from this filthy vermine ; and thus either upon the day before or the day after mr. constantine's coming to ouldham , to make his personal appearance before him , the said mr. ashton thus miserably departed this life . . one mr. bray minister of michaels in lancashire , having once been a very zealous presbyterian to see too ; at last , for the gaining of an augmentation to his living , took the engagement , turned a great zealot for the independent faction , and immediately after , an order comming for the pulling down of the late kings arms in churches ; he was so hot therein , that he would needs ( as he did ) pull them down himself , and sent the boards , on which the kings arms were painted , home to his house , intending to have made a doore of them , to one of his rooms of his house ; but it pleased the lord presently to strike him with a sudden and violent sickness , whereof he presently dyed , and those boards were made his coffin to bury him in . . one sir thomas martin , knight of cambridge shire , an engager and a great complyer with the times , having been a hunting in holmby-park , and the deer being faln , stuck and opened , and he desired ( together with the other gentlemen ) to wash his hands in the deers blood ; no ( said he ) i had rather wash my hands in the blood of the young king of scots . and immediately after this , riding home the same day at evening , his horse very suddenly and violently threw him , in which fall , he pitch't on his head , mortally brake his skull , and shoulder , of which wounds he very shortly after died . . the constable of shaw in lancashire , four miles from manchester , having taken the engagement , was presently after so perplexed in conscience , that notwithstanding all the godly exhortations , and comforts administred unto him by godly neighbour ministers , yet the apprehension of gods wrath , for what he had done therein , so increased upon him , that he fell distracted , and so continued many weeks together . . also one m. rich. smith minister of stoke , prior in vvorcestershire , having taken the engagement for the procuring of an augmentation to his living , returning home from london after he had taken it , fell presently into such a frighting horrour of conscience and distraction of his senses , that he had oft endevoured to beat out his own brains ; but at last recovered his sences by gods great mercy repented bitterly of what he had done , and thereupon in peace departed this life in a sickneess which then took him . . dr. doris●aus , the westminsterians juncto's first embassadour , sent from them into holland , and therefore no doubt a great engager , and desperate complyer in all things with them , as in the kings death ; being arrived in holland , was therein immediately and suddenly assaulted and murthered as he sate at dinner in his house . . also mr. anthony ascham , a gentleman of excellent parts , being sent ( as the juncto's the embassador ) into spain , very shortly after his arrival there at madrid , was in his own house there suddenly and most furiously set upon and assaulted , by divers desperate english caviliers , and he and his interpreter was hen and there murthered . . collonel rainsborow , a mighty engager and prime stickler for the power at westminster , a desperate header of the levellers , & admiral of the navy at sea , was suddenly also assaultéd by a company of caviliers at pomfrait town in yorkshire in an inne , and there murthered by them . . mr. tho. hoyle , formerly lookt upon as a very pious and strictly religious gentleman , an alderman of york , and member of the parliament ; but afterward having taken the engagement even against his conscience , and turned a great complyer with them at westminster : not long after , it pleased the lord so to leave him to himself , that on the very same day moneth , that king charles was beheaded , yea as near as possible could be judged about the very same houre of that day this gentleman hang'd himself in his own house at westminster , and was found stark dead by his woeful wife when she came home , having been abroad that morning . . mr. shereman a citizen and silkman in pater-noster-row in london , who had formerly been lookt on as a godly and religious gentleman , had been a tryer and an elder in the presbyterian church government , a singular good friend to mr. love ; then his pastour ; but afterward he turning with the times took the engagement , and that in form of an oath , whereupon he was made a common council man , turn'd a desperate enemy , and hater of the said m. love , who shortly after being in his shop with his wife , as perfectly well as ever ever in his life , yet in the evening standing at his counter in his shop , and his wife close by him , he suddenly sunk down by her stark dead , and never spake one word after it . . also collonel ven a citizen of london , formerly a great professor of religion , and a long time mr. love's precious dear friend , and a member of the house of commons in parliament ; but being turned with the times , was a great engager and mighty stickler for , and with them at westminster ; yea , he proved afterwards a most bitter enemy to the presbyterian ministers of london , and upon occasion used those words against them , viz. they at vvestminster should never be at quiet , till they had provided a pair of shooes and a staffe for the turbulent presbyterian ministers of london , and banisht them out of the kingdom : but it pleased the lord , that on the very next day after that horrible abuse and banishment done to mr. jenkin then minister of christ-church london , in both sequestring him out of his said living , and banishing him out of the city , wherein this coll. ven had a hand also , and had most churlishly carried himself toward master jenkin in the committee even that day , whereon this godly minister was so censured , which was july the . . being thursday . it pleased the lord , i say , that master ven next friday following , july . and at night , this coll. going to bed , as perfectly well and in health , as ever in his life , and his wife lying by him , he fell asleep by her immediately , and slept soundly without any complaint of the least distemper , but the next morning about . of the clock his wife awaking , found him starke dead by her in the bed , never having made the least groan , or spoken one word to her since the day before . and thus god banished him first out of the land of the living . . one sir henry holcroft , why had formerly been a great professour of religion , and to see too a practiser of the power of godlynesse , but afterwards drew back and apostatized to the independent faction , took the engagement , and fell into great complyance with them , being a committee gentleman , and acting strenuously for them . but immediatly after this , it pleased the lord , that he fell into a sore disease , and much and often bleeding at his nose and mouth , and so continued all the time of his said sinful complyance with them , and at last fell into such fits of extreme bleedding , and strongly vomiting up even of gobbets of blood at his mouth , and flowing out of blood at his nose with such unstintable violence , that he most sadly departed this life , in one of the extreme fits thereof . . in august . barron rigby , a most desperate enemy to the presbyterians church discipline , as being a great independent together with baron yates , the two judges for the assizes then held at chalmsford in essex , two grand engagers ( as every one may know ) and deep complyers with the vvestminsterian power : they both being at chalimford , and hearing the assize sermon preach't before them , the godly ministers text being out of luke the . . give an account of thy stewardship , for thou maist be no longer steward . immediately after this sermon , it pleased the lord to strike judge rigby with present sickness , so as that they could not keep the assizes there , but were forced to adjourn it , promising and hoping to come again and finish it there , and went thence to croydon in surry to hold the assizes there ; but having begun to sit , both judge rigby his sickness so increased upon him , and the like sicknesse suddenly so assaulted judge yates also , and with such violent pain and great distemper upon them both , and also upon the high sheriffe of surry then present with them , who also was smitten with the same sicknesse , at that time that the assizes was enforced to cease there also , and they all three were speedily conveyed away thence to london , where they all three died immediatly after , even within a seven nights space , or thereabout , of a most violent pestilential fever ; and very many more of their clerks , officers , and attendants on the said assizes died also at the same time , ( as was generally , and most credibly informed and reported , and i my self know one captain hindely , one of judge rigby's chief clerks or officers ( who died at the same time ) immediately upon the very same time of these judges death . a most remarkable and fearful example of gods wrath upon engagers and sinful complyers with workers of iniquity . vvoe woe therefore to all apostatizing temporizers , and perfidious backsliders , heb. . . and as is further most evident in those scriptures , beneath following . . i shall conclude all with the memorable example of gods divine justice upon lockyer , an active agitator and leveller in the army , who had a principal hand in seising and bringing the king to his death , cried out , justice , justice , justice , openly against him , and spit in the kings face in vvestminster-hall as he was going to his tryal , before his condemnation , conducted him to the block ; and was shortly after condemned in a counsel of war by some of the kings own judges , and shot to death as a mutinier in pauls-church-yard london . also john lilburn's double tryal for his life ; soon after , a grand stickler against the house of lords : the proceedings against saxbey , syndercombe , and other levellers , who were chief instruments to bring the king to justice ; and the grand opposers of the house of lords : also the imprisonments and sufferings of m. g. harrison , collonel rich , collonel okey , lord grey of grooby , and others of the kings condemners , who were all engagers against the king and house of lords . may it not awaken the stupid seared consciences of all those now living , who had any hand in these tragedies and engagements against king and parliament , to bring them to speedy and sincere publick repentance for them ; lest they fall into the like terrors or judgements , as others that have so wilfully ingaged against king and house of lords ? postscript . unto this i shall onely add two quaeries . whether those persons that are living , that took upon themselves the name , stile , and title of the parliament of england , scotland and ireland , ( though by their writs by which they sate , they were but the fragments of the parliament of england only ) beheaded their lawful protestant king , banished his posterity , overturning our antient government it self , consisting of king , lords and commons , which constitution continued many hundreds of years , and was the best and fittest for these nations that could be , and brought the nation into such a labyrinth and confusion , by endevouring to set up an utopian common-wealth , a mere new-nothing ; vvhether the persons may not justly fear they may fall down quick into hell , or fall into the same exemplary terrors , judgements , and self executions with others , if they repent not for their abominations . . vvhether these men that set aside and repealed the oaths of supremacy and allegiance as unlawful oaths , which themselves took , or ought to take before they sate in the commons house ; and also the protestation , solemne league and covenant made in pursuance of them , and diametrically contrary to these oaths , to set up a new engagement , to which every one must subscribe to be true and faithful to their new common-wealth , without king or house of lords , bringing all english freemen into a new premunire , which thousands of our godly protestant ministers , gentry and freemen refused to take ; whether these men that can swallow all kind of oaths , though directly contrary one to the other ; neither reverence god or man , are fit persons to be trustees for the nation in this time of eminent danger , now the nation groans under so many oppressions and dangers . hebrewes . , , . it is impossible for those who were once enlightned , and have tasted of the heavenly gift , and were made partakers of the holy ghost , and have tasted the good word of god , and the powers of the world to come ; if they fall away , to renew them again to repentance ; seeing they crucifie to themselves the son of life afresh , and put him to an open shame . jude . . woe to them , for they have gone in the way of kain , and perished in the gainsaying of core . they are trees whose fruit is withered , twice dead and plucked up by the roots . finis . the oath of pacification, or, a forme of religious accomodation humbly proposed both to king and parliament : thereby, to set an end to the present miseries and broyles of this discomposed, almost ship-wrackt state. parker, henry, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing p ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing p estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; :e , no ) the oath of pacification, or, a forme of religious accomodation humbly proposed both to king and parliament : thereby, to set an end to the present miseries and broyles of this discomposed, almost ship-wrackt state. parker, henry, - . england and wales. sovereign ( - : charles i). his maiesties declaration to all his loving subjects, after his victories over the lord fairfax and sr. william waller. [ ], p. printed for robert bostock ..., london : . reproduction of original in thomason collection, british library. eng waller, william, -- sir, ?- . fairfax, ferdinando fairfax, -- baron, - . england and wales. -- sovereign ( - : charles i). -- his maiesties declaration to all his loving subjects, after his victories over the lord fairfax and sr. william waller. great britain -- politics and government -- - . a r (wing p ). civilwar no the oath of pacification: or a forme of religious accomodation: humbly proposed both to king and parliament· thereby, to set an end to the p parker, henry c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - elspeth healey sampled and proofread - elspeth healey text and markup reviewed and edited - pfs batch review (qc) and xml conversion the oath of pacification : or a forme of religious accommodation : humbly proposed both to king and parliament . thereby , to set an end to the present miseries and broyles of this discomposed , almost ship-wrackt state . claudite , pastores , rivos , sat prata biberunt . shut , shut the sluces of this purple floud , the medowes have carous'd enough in bloud . london , printed for robert bostock , at the signe of the kings head in pauls church-yard . . the oath of pacification : or a religious forme of accommodation : humbly proposed both to the king and parliament , &c. the kings last declaration of iuly the thirtieth was published as an act of great grace to the subiect : and being issued immediately after his maiesties good successe , obtained against the lord fairfax , sir william waller , and colonell fines , it emblematized the king ( as some courtiers fansied ) with a victorious palme in one hand , and a peacefull olive in the other . neverthelesse , it appeares by the close of that declaration , that the intent of it was , to bring in men , money , plate , horses and armes , as well as to proclaime pardon , for it proclaimed pardon to no other persons , than such as should forthwith apply themselves to the king , nor on no other conditions than upon the bringing in of such like ayds , and supplies . the favour was not to bee extended to all , nor was it cloathed in the habit of a composition , or peaceable accommodation , it onely set to sale a pardon , and the price of that pardon was besides treacherous combination with the papists against the parliament , such money , such plate , such horses , &c. 't is true the rate of the purchase was left indefinite ; but it is well enough knowne that all such as have submitted to the king , and confessed a guilt of treason in themselves , and undertaken to redeem the same by new services have found their penances rigorous , and their ghostly fathers very hard to be satisfied . the effect therefore which that declaration had , was no other , as wee can perceive , but to put more courage into the lovers of parliaments , and to quicken all good men the more in the raising of new forces , and imbarking in harder adventures : and gods name be praised , who did not onely then give us such pious and manly resolutions , but hath also speeded & mercifully prospered our undertakings . the face of things is now changed : the earle of essex hath since that removed the kings terrible army from before gloucester , and after a bloudy day fought by newbury , is returned home victorious . sir william waller , and the earle of manchester are great in new hopes , and preparations , and the marquesse of newcastle is as fearefull to receive annoyance from the scots , as hopefull to doe any to the lord fairefax : wherefore it seemes to me , that if a faire way of accommodation were now tendred by the parliament , it would bee held as honourable , as seasonable : and it seems not impossible to propose such termes of pacification as may well stand with the honour of god , the safety of religion , the advantage of the king , the justice of the parliament , and the wishes of the people . the king hath divers times ( though not with any publike ceremony or solemnity ) applyed himselfe to satisfie his subjects by protesting innocence , and appealing to the judgement of almighty god ; but there hath been such generality in his expressions , and defect in his formes hitherto , that his subjects remaine yet unsatisfied . that which i shall therefore now undertake , with my utmost discretion and abilitie , is to demonstrate wherein the kings oathes have beene hitherto short , and of little securance , and how they may yet bee compleated , and made satisfying : i will in the first place set forth the forme of the oath , both as it is conceived in his majesties owne words , and as it is altered with my additions and suplements ; and then i will next addresse my selfe by way of reason , to give some account why it may bee admitted and entertained by either side . in the kings last declaration of iuly aforesaid , i find the forme of the kings vowes , and protestations to run in these very words . whereas almighty god , to whom all the secrets of my heart are open , knowes with what unwillingnesse and anguish of soule , i first submitted my selfe to the necessitie of taking up defensive armes . i having before with iustice and bounty to repaire my subjects former pressures , made excellent lawes for the preventing of the like , and offered further to adde any thing else for the establishment of the religion , lawes and liberty of the kingdome . and whereas in september , . in the head of my armie , ( not then great ) besides at other times i made voluntarily a protestation to defend and maintaine the true protestant religion , the just priviledges , and freedom of parliaments , and to govern by the lawes of the land , for whose defence onely that armie was raised , and hath beene since kept : and whereas there cannot bee a more seasonable time , to renew that protestation then now , when god hath vouchsafed mee so many victories . i doe therefore now declare to all the world , in the presence of almighty god , to whom i must give a strict account of all my professions , and protestations , that i am so farre from intending any alteration of the religion established , or from the least thought of invading the liberty and property of the subject , or violating the least priviledges of parliament . that i call god to witnesse , who covered my head in the day of battaile , that i desire from my soule , and shall alwayes use my utmost endevours , to advance and preserve the true protestant religion , and that the preservation of the liberty and property of the subject in due observation of the lawes of the land shall bee equally my care ; as the maintainance of my owne rights , i being desirous to governe onely by those good lawes . and i doe acknowledge the just priviledges of parliament , to be an essentiall part of those lawes , and will therefore most solemnly defend and observe them . ( to adde to the perfection of this oath , and to make it satisfying , i shall supply as followeth . ) and forasmuch as generall professions of maintaining of law , and doing justice , cannot end the present differences of this state , or secure us from the like hereafter ▪ but particular judgement must be given according to law and iustice , in the maine poynts now controverted betwixt us : and that iudgement which shall ever rule , and conclude both sides must not be expected from my breast , or any inferiour councell , but from the supream iudicatory of the kingdome : by the oath already taken , i further oblige my selfe , that i will ingeniously and with my utmost skill make strict inquirie what the supreame iudicatorie is , which in these grand disputes is to dispence law , and to arbitrate betwixt king , and subject : and the same being made knowne to mee by the best and most impartiall advice that can bee gotten , i will most intirely , and freely submit all my claimes and pretences to it , to be resolved and determined by it . i will not onely imploy my utmost power to remove all obstructions , and impeachments , which may obviate its proceedings , but i will vigorously concurre my selfe in all good expedients for speeding , and facilitating its finall awards . and lastly , since the safety and security of my subjects depends upon my good administration hereafter , aswell as for the present ▪ and upon the comportment of my substitutes and favourites , aswell as upon my owne , and that in matters ecclesiasticall , civill and millitarie , aswell as iudiciall : by the same oath that i have already taken , i againe ingage my selfe perpetually to tender the propagation of the same protestant religion , and the liberty and prosperity of the english nation , equally with my owne rights and royalties . and that the lives , liberties , consciences , or estates of my subiects may not be entrusted into the hands of such as are ill affected to them , i will exclude from my publike counsaile , and from all direct , and indirect power in state affaires , ( especially of a high nature ) all that are not of the protestant religion , of the british nation , of the masculine sex , all that are not generally reputed vertuous , and sworne to be faithfull servants to the state , aswell as to the court . in testimony also that i doe without all guile , equivocation , or mentall reservation ▪ sweare and vow these things in this reverent place , now that i am to receive this blessed sacrament before these lords and gentlemen here present , i doe beseech almighty god so to make these mysteries profitable to my soule , and this solemnity satisfying to my people , as i doe now cordially and sincerely transact this for an assurance , and not for a snare to them , if i doe not in my soule purpose to fulfill the tenor of this oath to my lives end ▪ and in pursuance thereof , ever to oppose the introduction of romish superstition into this church , and the french arbitrary royalty into this state , let this venerable flesh and bloud prove mortall to me , let this imprecation testifie against me ; let god blot out his royall vnction upon me , and let my subjects justly , and by this my owne dispensation withdraw obedience from me . these two conditionall clauses i humbly present , as necessary either to explaine what the king had sworne before , or to discover what the king intended before : for if this oath ( as it is now framed ) bee accepted , it will let us know how farre we were secured formerly : and if it be rejected , it will be an advertisement to us , what little security we are to expect hereafter . the solemne and sanctimonious manner of taking this oath , will next much conduce to the satisfying of the people ; for paper oathes , as they are mingled with other matters in declarations are not so authenticall with the phlebeians , and we should seeme lesse religious than our ancestors were , in times of more blindnesse , if wee should not observe a great deale of holy state in a businesse of this transcendant , and more than secular nature . the last cautionarie advertisement that i shall humbly tender withall , is , that an oath may be also administred to the queen , and to all suspected papists , aliens , &c. to the restraining of them from all intermedling in matters of our church , or state , and from attempting any thing mediately , or immediately , directly , or indirectly against the peace of this kingdome . by this meanes , with some more perfect alterations ▪ or provisions , under favour i conceive our greatest feares might be qualified , and our most desperate maladies asswaged , if not cured : but i know some objections will be alledged on the kings part , why hee ought not to make this oath , and on the parliaments why they ought not to take it ? let mee have a little favour to say something herein . oathes have beene ever honourable , and sacramentall obligations , such as god himselfe hath not ▪ disdained to use ▪ for the taking away of doubt and distrust in man , and such as hee hath prescribed to men for the composing of differences sometimes , aswell betwixt publike as private persons . but in this contestation betwixt the king and parliament , though both sides have sundrie times had recourse to oathes and invocations of gods name , and more especially the king , yet that pacification and amicable accommodation , which might have beene hoped therefrom , hath not been concluded and consummated . and i conceive there are two reasons why the kings protestations have not been so effectuall , and available , as was intended they should . first , because there is great uncertainty , and dispute in that which the kings oathes principally take for their subject or matter . secondly , because the king seemes totally mistaken in the end of his oathes , or rather in those feares and iealousies of ours , which his oathes endeavour to remove . first , the king by his imprications would assure us that hee intends no ill to religion , law , or liberty , as they are established in england ; but our maine strife and controversie here is how religion , law , and libertie are established in such and such poynts , and who shall judge of that establishment : wherefore to decide that controversie and attone this strife , no generall oath of the king can bee held sufficient . in private suits betwixt subject and subject , the law permits nor the king to judge , much lesse does it stand to the kings judgement , when the sute is betwixt a subject and the king himselfe ; and least of all does it rest upon the kings determination , when the king is a partie of one side , and the whole kingdome on the other . neverthelesse , in this our present grand debate , the king sweares in generall to doe justice , and yet what that justice is , which is to bee done , hee himselfe is ignorant ; nay the greatest of our profest lawyers adventure not to determine , ( they have great divisions , and contesttions amongst themselves about it ) although all unanimously affirme , that the king quatenus a partie , and quatenus a lay-man , is of all men most incompetent for the determination thereof . when the kingdome groaned heretofore under the oppression of the shipscot , and divers other taxes utterly inconsistent with the subjects libertie , the king intended no violation of the subjects libertie . he had sworne , or might have sworne then in generall termes the same thing , with the same safetie as he sweares now . so if the like dispute arise hereafter , of the like difficultie , about some other branch of prerogative ( for prerogative is not made now more knowne , but more unknowne of late ) there is no hindrance but the king may treat us as he did then indeeds , yet protest as hee does now in words . the like may bee said of religion , the king intends no alteration of religion , and expects that wee should acquiesce in that profession of his , and yet wee feare he judges of alteration therein by his bishops , who ayme at nothing more than innovations , wherefore this can be no ground of confidence in us , because ▪ the king in his owne understanding , may both make and keep such an oath , yet poperie shall still prevaile , and protestanisme decline , as it hath done hitherto . 't is far then from being a security , 't is rather a danger to a state to depend on a princes generall oaths , when these oathes depend upon his meere understanding , forasmuch as law does not direct us to the kings breast , as our sole and supreame tribunall , but rather dehorts us from the same , as most of all to be distrusted : this is a dilemma not to be excepted against : either the king relyes upon his owne knowledge and judgement , concerning alterations in law , &c. when hee abjures them ; or not : if hee does undertake to know , and judge of all alterations , and of all differences raised thereupon in church , and state , betwixt himselfe and his subjects , then is our government meerely arbitrarie ; more arbitrarie than the french ; then are his edicts and acts of state our best arrests , and acts of parliement ; then does our law , and religion , import no more to us , than his meere pleasure . let it but bee maintained , that wee must expect satisfaction , and decision from the kings breast , where poperie and protestanisme , where prerogative and libertie confine , and border one upon the other ; and let the maine secrets and quaeries of law bee subjected to the kings cognizance , and and for my part , i shall ever conceive , that enacted law , and publike right , are nothing else but royall pleasure , and one single mans fansie , or humour ; but on the other side , if the king doe presuppose himselfe an incompetent judge , and as lyable to grosse misakes , and dangerous deviations in law , and religion , as hee hath beene formerly , when wee were almost at an utter losse in both ; if hee will acknowledge that there may bee as intricate controversies , and as undeterminable debates betwixt him and his subjects hereafter , as have beene formerly , and as now are at this instant , then all that wee can hope for from his oathes , is but this , that wee shall bee as much distracted hereafter , and as remedilessely torne and divided with dissentions , as wee were formerly , or are now : all our assurance is , wee shall bee permitted to remaine and continue in the condition as we were , and as wee ( which makes his oaths of no effect ) now are . secondly , the next reason why the king renouncing by oath all alterations in law and religion , does not put us out of all our feares , is , because hee alwayes sweares for himselfe , not his favourites and councellors ; and yet our feares have more respect to his favourites than ▪ to himselfe . and so notwithstanding the security which his oathes gives against any ill intentions , or machichinations from himselfe , wee still remaine exposed to ruine , by the ill intentions , and machinations of such as have a great sway in his counsaile , and affections , he himselfe perhaps being neither privie nor confenting thereunto . the king favours not the irish rebellion , yet such as were the favourers , nay the plotters , and actors in it find favour , and receive power from the king : and what difference is it to us , whether wee perish by the kings hand immediately , or by his favourites mediately ; by the kings owne accord directly , or by his onely permission indirectly ? ireland hath seene more than two hundred thousand families of brittish protestants dispeopled and massacred by treacherous papists , ( notwithstanning that all this deluge of bloud might have beene prevented by the kings timely foresight and care ) and england is now falling into the same desolation by the same faction , and yet the king is so farre from withdrawing favour or power from papists and their accomplices , that hee puts more armes into their hands here , and holds further correspondence with them abroad : how can wee then but seeme as stocks , or more stupid than beasts , if we now expect no assurance but an oath , and include none in that oath but the king ? eli was a good man , but an ill majestrate , hee knew better how to moderate his owne affections , than to bridle the insolencies of such as were subordinate to him ; insomuch , that that good which hee did by himselfe was farre out-poized by that evill which hee permitted in others , and his lenity to his children became crueltie to the people . some men are much mistaken , if there bee not something of eli in our kings disposition , for though hee bee esteemed inflexible by such as hee hath once judged adverse to his ends , yet hee is much too ductile by those who have once gotten prepossession in his good thoughts . wherefore if his majestie seriously desires to put us into a condition of securitie , ( which is the onely remedy of our present distempers ) hee must rather provide for our indemnitie by protesting against connivence at evill in his substitutes , than doing evill in his own person . for he himselfe may be as guiltlesse privately as eli was , and yet in publke wee his subjects may live as miserably under his popish councellors , as the children of israel did under hophni and phineas . the law sayes the king can doe no wrong , and out of its civilitie it imputes all miscatriages in government to inferiour agents : but policy teaches us , that though a prince in law bee not questionable for it , yet in nature hee is strangely blameable , and deeply chargeable , when bee makes an ill choyce of inferiour agents . in law , it was the blame of rehoboam's young councellors , that so unpolitick , and unworthy a disgust was given to the great and honourable state of israel : and it was great pitty that they did not suffer for it : but it was rehoboams blame in policie , that hee would chuse young conncellors , and hee himselfe was the greatest loser by it . the wisedome of solomon would direct him to make use of that wisedome which is seldome to bee found but in hoarie heads , but the more foolish rehoboam is , the more solicitous hee will bee to finde out vaine consorts , fit onely to comply with his owne folly . had there been any particular good which rehoboam might have attained too by the prejudice of his subjects : the old councellors in probabilitie would have advised him to it ▪ for they seemed to take more care of the king than of the people , ( as they had done in their old masters dayes , to the danger of the nex successor ) but such is the temeritie of these green headed statists , that they neyther ayme at the good of the people , nor of the king : they seemed to imagine , that it was a sufficient recommendation of a thing to a prince , to represent it as disadvantagious to the people , and in this they ▪ failed not to please their rash lord , who was so farre from giving satisfaction to the people , as that hee thought it profitable to him to purchase their displeasure , though with the imminent hazard of his owne crowne ; wherefore it does not seeme so probable , that rehoboham did take preposterous courses , because hee hapned upon preposterous counsellors , as that hee did chuse preposterous councellors , because he did affectedly addict himselfe to preposterous courses . and when the main fault was in his will , rather then his understanding , 't was easie for him to erre in the most fundamentall point of all politicks , and to place his own peculiar good , rather in the publike disprofit , then in the benefit of his subjects . machiavell had never past for a wise man , had not all his subtill grounds tended to the pursuing of that advantage of kings , which consists in the peoples disadvantage ; and yet nothing can be more contrary to wisdome , or more repugnant to the principles of solid policie , then this very doctrine ; and without doubt , no wise man will seek to excuse him of sottish folly , but by accusing him of pernitious flattery ; for if he did not wilfully betray princes , as perhaps rehoboams councellors did , surely he did but publish to the world , the sickly conceptions of his own narrow heart . the vast businesse of government , especially where the nation is great , or where many nations are united , is not to be trans-acted by any one man : where one man commands in chiefe , the most sublime office of government is attributed to him , but the greatest burthen , and most important charge must rest upon the shoulders of thousands , as well in monarchies ▪ as in democrasies , or else great obstructions will follow . when the jews were but few in number , and mean of condition in the wildernesse , moses found the rule of them insupportable without many assistants , he was driven to follow iethroes counsell , as well to preserve himselfe from being crush'd under too great a weight , as to open the course of iustice to the israelites . that part of government , which is most extensive , and laborious , which requires not onely most activity , but most skill in many severall arts , and sciences must be undergone , and managed by multitudes of agents , and in monarchies , these agents are more subject to one mans will , in democracies lesse ; but that part of government which is supream , and may be concentred in one man , is more facile and narrow , and many times 't is best discharged , when that one man leaves most to his substitutes , and assumes least to himself . henry the third ruled better in his minority , when the highest acts of his royall superintending power were exercised by his servants , then in his ▪ maturity , when hee would arbitrarily straine his superintending power , to the over-ruling of his good councellors , and preferring of bad . the greatest honour of princes ▪ is to be wise , and the greatest wisedome of princes is , to chuse fit instruments , and this choice cannot be without publike advice , yet weake princes relish no honour in any thing , but in enjoying their own wills , and their wills they conceive then to be most gloriously fulfilled , when they please themselves by displeasing their subjects , when in their elections of counsellors and favourites , the state has no share at all , but is rather crossed , and opposed . was gaveston so deere to edward the second , because he was a good patriot ? no , if he had been such , it had been a vulgar thing in edward to uphold him , the power of a great prince is more eminent in chusing instruments for his own wicked pleasure , and then to uphold them , when whole nations seeke to teare them from their masters bosoms . t' is not so kingly to be regulated by wisdome of parliaments , as to doe acts of meere will ; nor to concurre with the publicke suffrages of a state , in the promoting of good men , as to reject the prayers , & teares and cryes of communities in the defending of incendiaries , nor to aime at the safetie , and prosperity of the people , as to compasse private designes utterly opposite thereunto . that royalty which proposes to it self the flourishing condition of the subject as it 's best establishment : has more regard to the deputation of worthy officers in state , then to any other perticular interest : but since flatterers have found out an other royalty which proposes to it self common servility for the truest basis of it 's grand our ; he which can invent any thing for the subject below woodden shooes , and canvas breeches is a rare polititian , to be valued equally with a princes life , honour and prosperity . why was the price of strafford of greater esteeme then the peace of three kingdoms ? because he was a minister better affected to this new royalty then the severall states of the three severall nations : because he was devoted not only to serve the king more then the kingdome , but even against the kingdome : because if he could not add to the kings publicke puissance by adding to the states wealth and honour , yet he could adde to the kings private splendor , by depressing the states wealth , and honour . if the king did professe that he ought to look upon the community as having ends contrary to his true soveraignty , and the happinesse thereof , as inconsistent with his legall prerogative , then it were just and reasonable that he did imbrace no ministers , but such as were odious to the people , nor pursue no ends but such as were distructive to common liberty . but since his professions and oathes look an other way , t' is most wonderfull that in delegating of officers military iudiciall , &c. he should so far abhor parliamentary advice , and approbation , and prefer all the miseries of this bloudy warre before it : fot it were better for us that parliamentary advice , and approbation were rejected in all other things , then in the placeing of publicke ministers , upon whose rule the welfare of the state more depends then upon any other act of royalty it self ▪ if we are not utterly mistaken in point of law , the great officers of the chancery , admiralty , treasury and others , that are more properly the kingdomes , then the kings ministers , are to be chosen in parliament : and if the law in speciall terms were not such , yet by generall intendment of law all arduous affaires of generall and great importance are to be transacted by the common counsell of the land . now wee well know , that the chusing of publick officers under good kings , which will not chuse a misse , is not of so generall , and great importance , as it is under perverted princes , who will chuse none but such as shall imploy all their abilities and endowments against the state , and to the disservice of the people ; lawyers and devines seldome distinguish rightly betwixt that power of the king which is invested in him by absolute donation , and that which is meerely fiduciary . neither doe they distinguish betwixt that power which is originally intrusted to the king , by the fundamentall constitution of this kingdome , and that which is occasionally by intermission or non-user left to the king at such or such times upon speciall confidence of his goodnesse . but policy must needs teach us , that no state can be long safe where all kings are equally trusted , and enabled , where the same king shall injoy that for ever as apperteyning to his undoubted prerogative , which at any one time he has gayned , or wrested from the people by his owne fraud , or force ; or perhaps by the peoples negligence , or indulgence to his wise predecessors . without all question , many smaller matters are intrusted to the kings meere discretion , but yet quateus smaller matters onely . whereas if the same things become greater matters , as they may , then the peoples right is not to be prejudged , because the law of publicke safety is above all lawes of prerogative , or any other laws whatsoever . for example , if j. s. be to cutt of the intayle of his land in parliament ; the king by his negative voice may oppose him at his pleasure : but if judgement be to be given against such a notorious traitour t' is otherwise ; and yet even such a iudgment too is not alwayes alike : for in times of great distresse it cannot be retarded , interrupted , or denied ; because of the extreāc hazard to the state , & in such case the king has lesse colour to pretend to a negative voice then at other times of more security : for as that which is of greater concernment , is not so much within the kings power as that which is of lesser , so that which is of lesser concernment at one time in one respect , is of greater at an other time in an other respect . and if lawyers find not these distinctions in their reports , and yeare books , or if devines find them not in the old fathers , or in their cannons of the church , they must not forbid other men that studie the intrinsecall rules of state , to make use of more generall knowledge , then that which their bookes afford . the bishop of armach has declared himself in point of iudgement against the parliament ; i shall onely demand of him whether he thinks himselfe wiser then the lawes of england , or whether he thinks himselfe wiser in the lawes of england then the maior part of both houses in parliament . one of these he must affirme . master holborne his iudgement does not concurre with the parliaments in such a point of law . i should demand of him , whether law must needs observe one rule in all cases of publicke and of private moments or whether we are restrained from all equitable distinctions , and interpretations except such as we find in fitz herbert , cooke and plowden ? or whether his or the parliaments resolution herein be more authenticall ? surely t' were in vaine to trouble all our counties , cities , and burroughs with such ludibrious elections , if some one bishop or one barrister could declare law better then those which enacted it , or enact law better then those for whom all law was ordayned . the kingdome it self taken in it 's diffusive body cannot convene in any one place , nor fix upon any one certane resolution , otherwise in all extraordinary cases , and iudgements , the finall decision ought to proceed from thence , therefore it must be formed into such an artificiall body as is fitt to convene , and to deliberate . and being so formed , it has in it all the persection , and excellence of the defusive body . t is true , the king may be held a representative of the people in ordinary cases , for avoiding of a more troublesome convention , but in extraordinary cases when such a convention is necessary , the parliament is the onely true representative , and congregated to the king for more perfection sake , or else it were vainly congregated . and because the people cannot be congregated at all , much lesse in any more perfect forme then in a parliament , therefore the peoples utmost perfection is truly residing in the parliament . let not then any private man , let not the king himselfe undertake to define how far regall power shall extend in iudiciall or military affaires ( as such a perticular position of things may happen , and according to all emergences ) better then the representative body of the kingdome , which in no respect ought to be held any other thing then the whole kingdome it self : much lesse let it be held against law , or disparagable to the king , to hearken to his parliament , in the choice of state officers , when so great a flux of protestant english bloud is to be stanched thereby . if the king would exempt us from fear , and therefore swears that he may exempt us , and yet will neither suffer us to chuse confidents for him , nor swear for such as he himself shall chuse , when our fears are chiefly grounded upon them , either his intentions will seeme fraudulent , or his oathes nugatory ; besides our fears now cause us to look upon our enemies not meerely as men that have a power in the kings ▪ affections , but as men that are likely to have a power over the kings armes , and when the king perhaps may want protection for himself ( if some timely prevention be not used , ) how will he be able to protect us ? t' is possible for an army composed of papists , strangers and those of the mercenary trade of war , not onely to awe us , but such also as first raysed them against us . absolute empire ends not ( as is expected ) in the freedome , but in the servitude of him , which sores to the highest pich of it . if the pretorian legions set caesars foot upon the senates neck , they will so far set their owne feet upon caesars neck , as to sell the empire when they please , and to whom they please ; a hundred nations remaine in bondage to one grand signior by meanes of the janizaries , and yet those janizaries retaine to themselves a supream controll over the grand signior himself . the french king inioyes an arbitrary prerogative more intirely , and more cheape then any prince that i have read of , because he neither relyes meerely upon an army , nor meerely upon the noblesse of that state whereby to oppresse the pesantry , but very subtilly he so makes use of both , as that he is totally ingaged to neither . but that crowne has not of late suffered any violent shock , or concussion , if ever it does , that frame of government will soone be shattered , and the great body of the community will gaine a party either amongst the noblesse or the souldiary . when marquesse hartford first strained himself , to bring in forces for prince rupert he did not perhaps intend to make prince rupert so imperious over himself , & over all our english nobility , as he is now growne . neither did sir ralph hopton thinke by all his meritorious services to gaine such a rivall to himselfe , and to all the gentry of england , as captaine leg. but now i feare they are subject to more unlimitable lords in the campe , then ever they stomached in the parliament . i pray god the king himselfe do not finde the like . his majestie needs no forraine discovery by sir william boswells letters , to advertise him of dangers , and conspiracies against his sacred person , the designes of the jesuites ( if they prosper , as by favour at court they are likely ) can never end but in the ruine of himselfe , or of the religion which he professes , there need to be no strange intelligencer to informe his majestie of this . we may then knit up this point in a more short discourse : somtimes princes are voluntarily in bondage to their owne creatures , as themistocles was , who whilest he over-ruled all athens , and athens over-ruled all greece , yet he was himselfe over-ruled by his wife , and his wife was over-ruled by her son : but this kinde of bondage is commonly more comicall . at other times , princes stand ingaged to the factions and forces by which their dominions were atchieved , and must be supported , and this kinde of engagement uses to be often very tragicall ; as the old stories of the romane emperours , and the moderne stories of the turkish sultans , and of sundry other insolent usurpers in other nations do sufficiently testifie . it behooves princes therefore , as well for their subjects , as their owne sakes , to avoid either of these servile conditions : let them not impose too heavie a yoke upon their subjects , and they shall neither have cause , nor disposition to receive any other yoke upon themselves . but though these additionall causes are free from exception in themselves , yet as the case now stands , and as the kings successe of late hath been , some men may cavill perhaps , and oppose the taking of this oath at this time . i shall reply little herein ▪ for it appears , as i conceive , that this oath , as it is now formed , does but open and explain the same intention which the king had , or ought to have had in the other : and therefore without great imputation , and suspicion this forme cannot be refused . i shall onely supplicate his majestie , that he will please yet more solicitously , and intentively , to review and research the true state of this transcendent case , and to come to a more equall impartiall debate about it , as well with other men , as with his own conscience : let it be his majesties care to hear whatsoever can be inforced by reason from any person whatsoever , let him put the case all maner of ways , & take a just consideration , in what condition he remains , if his cause be just , or if it be unjust , or if it be dubious , or partly just , and partly unjust ; if he does not cast thus about in spight of all prejudice , and take in all suppositions from all sides , as the fatality of this controversie now stands , no excuse will be large enough to cover him from the condemnation of god or man . we will first suppose his majesties cause to be just ▪ that he has onely the defensive part , and is necessitated to fight , and that the parliament as yet hath offered no terms of accommodation to him , but such as are more unjust , then all the plagues of this calamitous war . this , so being supposed , makes him innocent , but yet most unfortunate , it makes him the first man that ever fortune pickt out to ingage in such a wretched destruction of men and treasure without blame . amongst all his ancestors there will not appear , upon search , one of them who was just , and maintained a just cause ▪ and yet met with such generall opposition from his subjects , much lesse from the lords and commons assembled in parliament : how triviall soever the kings side account this , there was not ever a worse prodigie in the world to amaze any state , then this is , if it be true that the orderly presentative body of this nation , has , causlesly , and unnaturally , risen up against their righteous king to pursue him so far , as ours now is . it is not to be denied , but that some parliaments have done some unjust things , when they have been wrought upon by the force or fraud of princes ; but no example can be shewed , that ever any parliament did such an unjust thing as this , contrary to all motives and influences of a gracious and religious prince . some of the kings party have argued thus ▪ if parliaments may erre when they are perfect , having the concurrence of the royall state with them , much more may they erre when the royall state recedes from them , &c. but this i hold a grand mistake , for if i have any reason to make a right use of story , parliaments are represented to me never lesse liable to error , then when they receive least impressions from the king . with what regret then ought the king to look upon this unprecedented dysaster ? certainly , if he look upon us with a naturall eye , under such unparalleled sufferings , or upon himselfe with a pious eye , under such an unequalled affliction , it cannot but administer thoughts of horrour to him . bonus pastor ponit vitam pro ovibus , so said that prince of peace , in whom onely there was no sin , and in whose flock , joyntly , and severally taken , there was nothing else but ●in , and yet his death sealed as much as his mouth affirmed . moses seemed to preferre the well-fare of the obstinate jews , not onely before all his temporall interests , but also before his eternall diadem in heaven ; and saint paul seemed to be rapt up with a species of the same zeale . the passions of some heathen and hereticall princes towards their liege subjects , have been almost above the pitch of humanity : with what a strange kinde of hypochondriacall frenzie did augustus caesar cry out , redde mihi legiones vare ? if the bloud of his subjects had been drawn forcibly out of his own dearest veins , it could not have parted from him with a stronger resentment . how did our queen mary ▪ even to the death , deplore the losse of one town in picardie ? with what strange instruments did griefe make incision in her heart , whilest it would in grave the name of callice there ? the losse of all kings in all wars uses to be very dolorous , but native kings in civil wars , when they look upon such vast desolation , as is now to be seen in england and ireland , must needs think that their own interest , their own honour , their own saftie is of lesse consequence . we will now suppose the kings cause to be unjust , that the parliament has had none but loyall intentions towards him , and his royall dignity , nor has attempted any thing but to defend religion against the papists , the lawes of the land against delinquents , and the priviledges of both houses against malignants : and on the contrary we will suppose that that private councell which the king has followed rather then his publike one , has aimed at the arbitrary rule of france , and to effect the same has countenanced popery , and but pretended danger onely from the parliament , from the city of london , and from the best affected of the whole kingdom . qui supponit , non ponit : we will not assume , but presume onely that the great councell of the land is in the right rather then the king , and his clandestine councell ; but see what will follow upon this supposition , if it prove to be true , as it is neither impossible , nor improbable ; if this be true , what a formidable day is that to be , wherein the king shall render a strict account for all the english protestant blood which ha's been issued out , and is to be yet issued out in this wicked unnaturall quarrell ? manasseh which filled jerusalem with blood , and made the kennells thereof flow with the precious blood of saints , could not contract so black a guilt , as he that imbrues two large kingdomes with blood , and that with the blood of the best reformed professors of our saviours gospell . that blood of protestants which has been shed by papists , as in the parisian massacre ; that blood of christians which has been shed by infidells , as in turkie ; that blood of saints which ha's been shed by hereticks , as in the arian emperors dayes ; that blood of strangers which ha's been shed by conquering usurpers , as in peru of late , may admit of some colour , or excuse as to some degree of hainousnesse , and may plead for some kinde of expiation , but this is beyond all thought or expression : the goodly kingdom of ireland is almost converted into a golgotha , and the more goodly kingdom of england is hasting to a worse point of desolation : it must needs be therefore , that he to whose cruelty and injustice so much confusion shal be imputed , must be perpetually abominated as a plague of humane kinde more monstrous , and portentuous then any age formerly had the strength to produce . the ripping up of a mothers womb , the firing of such a metropolis as rome was , were but straines of vulgar , narrow-hearted cruelty ; antichrist himself may own the depopulation , and vastation of our brittish ilands , as acts worthy of his dying fury . but it remaines now in the last place that we suppose some doubt to be in the case , or some mixture of injustice in some circumstances : as that , though the king incline not at all to popery himselfe , yet he has favoured ▪ and enabled papists too farre to do mischiefe ; and though he cannot with safety cast himselfe wholly upon the fidelity of the parliament : yet he has no cause utterly to reject their consent , and approbation in the filling up of all places of publike power and trust as the emergent necessity of the times now is , nor to persist in this all-consuming war , rather then to condescend to an accommodation of that nature ; if we lay down but this for supposed , we must needs conclude that the king ha's not punctually and duly discharged his office , so as that he can clearly acquit , and absolve himselfe before god of this lamentable effusion of christian blood : for there must not onely be a perspicuous justice in the cause , but an absolute necessity of the war , when kings take up the sword against such a considerable number of their subjects as our king now fights against . though the cause may be just , yet the war is not lawfull where the miserable consequences of it do too far out-ballance the iniquity of the conditions offered , and proposed by the assailed partie ; wherefore if the meere and cleere justice of a cause cannot alwayes wipe off guilt , how shall he be purged from offence , whose cause is not totally just , nor undeniably evident in a war of this nature ? if the king does not apparently fight for antichrist , yet t is most apparent that antichrist does fight for the king , the whole hierarchy ha's declared their ingagement by publishing bulls , & by sending supplies into ireland , & england out of severall popish countries : on the other side if the earl of essex does not apparently fight for christ , yet it seems very probable that christ fights for him , for our great armies within the circle of this last year have four times met , and stil the kings side hath gone off with losse and disadvantage . redding being begirt with his excellencies forces , all his majesties power could not relieve it , yet glocester being begirt by his majesties forces , his excellency found meanes to relieve it . and as for edge-hill and newbery , though neither side was totally routed , yet the mastery of the field was left to his excellency , and had not fraud done better service to the king then force , scarce any other encounters in other parts had been prosperous to his popish armies . these things seem to make the kings cause at least dubious , for it were strange if in these latter dayes christ and antichrist should be so far reconciled in any one cause as to unite their battailes in the same expedition , or to pitch their tents in the same field ; and grant any doubt in this case , and the king can never be capable of justification in prosecuting it so far with fire and sword ; for the king has already sworne to uphold and preserve in their intire vigor the lawes of the land , and the priviledges of parliament , and we cannot deny but even this doubt might be decided by the lawes in parliament , or by some other judicatory out of parliament , if the king would referre it to such a decision ; if the king will admit of no judicatory to determine this matter , what are all our laws , and priviledges worth ? if he will admit of one , but doubts what it is , and will not be resolved by his parliament in that doubt , what will all his oathes profit us , what will all his deep professions of favour to our laws and priviledges stand us in stead ? all those suppositions severally or joyntly make it manifest , that this war , if it can be ended by a just oath on the kings side , not at all departing from the sense , and intent of his former oaths , or from the nature of his kingly office , will charge all these inexpiable mischiefes upon him , if it be refused : nay , when the king is not certaine of victory , and yet hath by so many dreadfull oathes debarred himself from all advantages by victory , if this devouring war ( wherein so much losse is , and no gaine at all to countervaile it ) be still protracted , and preferred before a composition of this nature , future ages must needs suspect , that love of ruine , and distraction , and a perfect hatred to the very nature , and being of man was the execrable cause of it : to recommend this methode of pacification to the king , i shall say no more , and to recommend it now to the parliament , very little will be fit to be said , in regard that kings are more devoyd of counsaile , then parliaments ; i shall thus onely contract my selfe . if we have respect to almighty god , an appeale to him by oath , is not lesse beseeming christianity then an appeale by sword ; for ought i can understand , this is rather a way of ingaging divine justice , then of disingaging it , if we may be permitted to use such a word . if we have respect to the king , no course can better save his honour or oblige his justice then this . if we have respect to the parliament , no other argument can more clearly vindicate their innocency and loyalty then this . if we have respect to precedents , this is a transaction of state exceeding ancient . if we have respect to the present occasion , our affaires are now in a condition so good , that fear cannot be upbraided to us , and the summer is so far spent , and our successe hath hitherto been so equilibrious , that we have no reason to presume . if we have respect to the future , as the armies may disband without turmoile , so we may all meet and incorporate again by this meanes upon more equall and friendly termes then by any other . the old word of command ( as you were ) will reduce us to that posture , in which the beginning of this parliament found us ; and then if the king observe this oath , he will incline to favour a due reformation , and consequently decline those rocks upon which he ha's of late unpolitickly both cast himself , and the state ; if he observe it not , no new advantage will accrue to him by this disbanding of both armies , but perhaps disadvantages , rather ; and certainly he will neither ingratiate himselfe with god nor man by temerating such a sacred paction . the cause of all our miseries is meer obstruction of justice , and such obstruction as nothing could worke but the utmost power of a king : now for the opening of obstructions , this oath , if it be kept unviolated , is as effectuall as any other expedient whatsoever ; and we may hope that it will be kept . but soft , i crave pardon for saying so much , or insisting upon any inducements at all , for i know both scots and english are now interessed herein , and i represent these things to the supreame wisdom of two the most religious kingdomes in the world . finis . the lords and commons assembled in parliament received several informations that there have been divers tumults, riots outrages, and misdemeanours lately committed in sundry parts of this realm ... england and wales. parliament. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing e a). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e a estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the lords and commons assembled in parliament received several informations that there have been divers tumults, riots outrages, and misdemeanours lately committed in sundry parts of this realm ... england and wales. parliament. broadside. printed for edward husbands and thomas newcomb ..., london : [ ] title from first lines of text. at head of text: monday may . . imprint suggested by wing. "monday may , . ordered by the commons assembled in parliament, that this declaration be forthwith printed and published. wil. jessop clerk of the commons house of parliament." reproduction of original in the harvard university library. eng great britain -- history -- charles ii, - . great britain -- politics and government -- - . a r (wing e a). civilwar no monday may . . the lords and commons assembled in parliament having received several informations, that there have been divers tumults, england and wales. parliament a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - john pas sampled and proofread - john pas text and markup reviewed and edited - pfs batch review (qc) and xml conversion monday may . . the lords and commons assembled in parliament having received several informations , that there have been divers tumults , riots , outrages , and misdemeanours lately committed in sundry parts of this realm , by unquiet and discontented spirits to the disturbance of the publique peace , and fomenting of new troubles , do hereby order and declare , that all sheriffs , iustices of the peace , majors , constables , and other ministers of publique iustice , that were in office the day of aprill . shall be continued in their respective offices , and shall exercise the same in the kings majesties name and stile , and shall use their best endeavors to suppress and prevent all riots , tumults , unlawful assemblies , and misdemeanors whatsoever , against the laws and peace of this realm : and all treasonable and seditious words , reports , and rumors against his majesties royal person and authority , and proceed against all offenders therein according to law and iustice . and all military officers and souldiers , and all others , are to be aiding and assisting to them therein . monday may , . ordered by the commons assembled in parliament , that this declaration be forthwith printed and published . will : jessop clerk of the commons house of parliament . london , printed by edward husbands and thomas newcomb , printers to the commons house of parliament . ordered by the lords spiritual and temporal in parliament assembled, that no papist, or reputed papist, do presume to come into the lobby, painted chamber, court of requests, or westminster hall, during this session of parliament ... england and wales. parliament. house of lords. approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing e estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) ordered by the lords spiritual and temporal in parliament assembled, that no papist, or reputed papist, do presume to come into the lobby, painted chamber, court of requests, or westminster hall, during this session of parliament ... england and wales. parliament. house of lords. broadside. printed by charles bill and thomas newcomb ..., london : . title from first lines of text. at head of title: die sabbathi ̊junij . "jo. browne cleric' parliamentor' reproduction of original in the harvard university library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng great britain -- history -- william and mary, - . great britain -- politics and government -- - . - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion die sabbathi o junij . ordered by the lords spiritual and temporal in parliament assembled , that no papist , or reputed papist , do presume to come into the lobby , painted chamber , court of requests , or westminster hall , during this session of parliament . and it is further ordered , that this order be printed and published , and set upon the doors of the said rooms . jo. browne cleric ' parliamentor ' london , printed by charles bill , and thomas newcomb , printers to the king and queens most excellent majesties . . venn and his mermydons, or, the linen=draper capotted being a serious and seasonable advice to the citizens of london, occasioned by the indirect practices used in the late election of sheriffs / written by a citizen of london. citizen of london. approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing v estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) venn and his mermydons, or, the linen=draper capotted being a serious and seasonable advice to the citizens of london, occasioned by the indirect practices used in the late election of sheriffs / written by a citizen of london. citizen of london. [ ], p. [s.n.], london printed : . reproduction of original in the huntington library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng conservatism -- england. roundheads -- controversial literature. great britain -- politics and government -- - . - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - celeste ng sampled and proofread - celeste ng text and markup reviewed and edited - pfs batch review (qc) and xml conversion venn and his mermydons : or , the linen-draper capotted : being a serious and seasonable advice to the citizens of london , occasioned by the indirect practices used in the late election of sheriffs . written by a citizen of london . london , printed in the year . serious and seasonable advice to the citizens of london , &c. friends and fellow-citizens . the end of these few lines is to persuade peace , which every man pretends to covet ; but the end is not attainable without the use , means , and avoiding that which is of a contrary importance . some few things are here pointed at , which have occasioned disturbance in families , hatred and animosity among neighbours , disorders in the city , oppression and violence in the nation . that such things may not happen amongst us any more , is the design of this paper , and shall be the constant and hearty prayers of the author . it behooves every good citizen to have a watchful eye toward such persons and actions as would cast scorn and contempt upon the meanest instrument of government . it is rare if any man be made desperately wicked at once . evil is propagated by degrees . hard thoughts of our superiour , are often followed with hatred , and after with sedition and rebellion , great things taking their rise from small and insensible beginnings . a cloud of the bigness of a hand , spreads the face of the heavens . thus a disobedient servant proves a bad master , and a worse citizen . if we slacken in the least the chain of our duty , the devil quickly takes advantage . some men who at first detested rebellion , have laughed and talked themselves into disobedience , for which , perhaps , being worthily punished , hath so exasperated their minds , so as nothing wanted for revenge , but an opportunity . others there be , whose great felicity lies in hearing and telling news : these are a sort of busie-bodies , and men for the most part , of small imployment , and as little discretion , that receive all they hear ( especially such things as will please their party ) without examining the probability of its being true or false ; and having heard some odd story , go ( big with it ) to the next club , where it is related with abundance of formality ; and if it be any thing relating to the government , it is ten to one but some surmise or sad descant , as bad as malice can invent , is added over and above . a ready way to introduce a disaffection toward those in authority , and prepare mens minds for disobedience and rebellion : therefore such malapert talkers , who are always finding fault , and like flies , are apt to dwell upon every sore , ought to be brow-beaten , scorned , and opposed by every honest citizen , as the bane of society , and pests of the commonwealth . let us all endeavour to live like men , and christians , and boldly reprove such as offer to put affronts and contempts upon authority : a far readier way to cure their itching malady , than by taking pleasure in their fooleries and impertinencies . let every man in his station pursue those things that make for peace . we are all members of one city , subjects of one kingdom : all embarked in the same vessel , and if that suffers shipwrack , none can promise immunity to themselves . in a word , let us fear god , honour the king , and not meddle with those that are given to change . there is also another sort of men among us , so well conceited as to think themselves fit to be sharers in the government , and are always complaining that something is amiss . men of petulant testy humours , and factious spirits , never contented , never pleased . is it not a shame to think what a foolish and ridiculous attempt was lately made to introduce an officer among us ? did they fansie the government would be trickt into a sheriff ? what was the man ? how qualified , that such sinister and undue practices were used about his election ? i believe but few men will bespeak him master of any extraordinary measure of reason , judgment or piety . as for his estate , that was granted deficient , even by his own faction , as appears by their subscriptions towards the upholding of his grandeur . certainly they have need of a bird that give a great for an owl ! what then ? why the truth is , though nothing can be more ridiculous than empty boldness , yet this mans confident and seditious speaking , which made him obnoxious to the law , hath advanced his reputation with some men to an high rate , who otherwise might have passed along unobserved . is this an office to be carried on with contribution ? is it not one of the highest places of trust in this great city ? ought not he , whoever is elected to that dignity , to be able to bear the charge without auxiliaries , as well for his own security as the cities honour ? for should he fail in that particular , he must not onely be ruined , but the office fall lame by the way . yet this man , till he saw his party confounded , offered without blushing to accept it . it is an office of that trust , as ought to be committed to the care of none but persons of known integrity , religion , and honesty , that in times of danger and disorder , may keep the peace , and not encourage sedition and tumult : one firm in his allegiance to his majesty , and a true protestant according to the church of england . what design these men had in offering their purses so freely toward setting up this puppet sheriff , god and their own hearts onely know ; but certainly it hath an ill aspect , for that during his office he must have been pensioner to the meanest trades-man of his party . some few quakers afforded him their votes , but their frugality and principles , i suppose , would hardly , allow them to club toward feasting or fine clothes . whatsoever their end was , they are not to be approved , who seek to acquire good ends by bad means ; and in this essay they shewed the popish party a new device ( though they have already more tricks than are good ) by subscriptions and cabals to introduce some of their favourites into places of honour and trust . consider the danger and inconvenience that ariseth from the multitude of pamphlets that are published every day , filled with lies and falshood , to the dishonour of god and religion : containing base and unworthy reflections upon most men of the greatest authority in the nation , not sparing at some turns ( though in cunning and canting terms ) the person and government of his sacred majesty . are not all publick actions turned into ridicule by these petty scriblers , who have hardly bread to eat , but what they receive for their weekly copy ? do we not all know that not long since poor robins intelligence was weekly published , where the author took upon him to make a laughing-stock of any person , to whom he was prompted , either by money or malice , or to fill up an empty space in his pamphlet ? and though he forbore to name the persons , yet pointed at them by such notes and characters , as they were easily known by any that were of the neighbourhood , to the great disturbance of families and breach of charity among citizens , till for abusing a person of honour , authority took occasion to chastize his insolence by stopping the press : which particulars , as to him , had been omitted , but that he , or such another , hath , and still doth take upon him to traduce and asperse the justice of the nation , in unworthy and unseemly terms , not caring whether the matter be true or false , so it will help to sell the book . it is true the lord major hath taken some care about those pamphlets , but still there remains a duty upon every private citizen that may tend much to suppressing the mischiefs thereby arising : for if in stead of reading them with delight and complacency , they and their authors were discountenanced , it would contribute much to the quiet and tranquility of the city and nation . let each man observe this decorum ; and for want of reward , those that write them would soon be compelled to turn their pens to some honester imployment . it is no small trouble to men that are peaceably disposed , to see how eagerly the multitude pursue those mischievous vanities which commonly the sharper and more satyrical they are against those in place and authority , find the most ready and approved reception , though to speak plain , it is a certain indication of a depraved constitution , when men are better pleased with things sowre and crude , than with what affords wholesom nutriment . and the youth of this city , with some others , who are but children in understanding , are as it were insensibly tainted with dislike of the government , by receiving those seeds of sedition which afterwards afford an harvest too plentiful , and upon every occasion and opportunity is ready to break forth into open rebellion against those , whom by the law of nature and religion they are bound to obey , esteem , and honour . for my own part i am as deeply sensible of the late horrid and damnable plot against the person of his sacred majesty , and the protestant religion as any man , and am verily persuaded the king himself , and those about him , are sufficiently satisfied how industriously it hath been carried on , contrived , and fomented by the romish emissaries both at home and abroad . but withall , i do profess , i think it our greatest prudence and duty to leave the prosecution of those villanous conspirators to his majesty , and those whom he is pleased to authorize for that purpose , and not for us to meddle with censuring their proceedings , either for method , place , or time , but to rest satisfied with what they shall think fit to do in the matter , lest we be found among the number of those who are heady , high-minded , and speak evil of dignities , and that would rob the king of his diadem . for what is it less , if we cry out that those who sit at the helm are either ignorant , or abettors , or favourers of such horrid designs ; in the one case we presume our selves fitter to govern than they ; and in the other , we render them , so much as in us lies , odious to all men . we all know the romanists have been busie ever since the reformation , to make us again taste of their colocinths and gourds , yet through the goodness of god , and the prudence of our governours their most secret plots have been discovered , their designs baffled , and all their attempts proved the raine of the contrivers . neither have they been yet so formidable , as to offer at any acts of open hostility , unless it can be said they made the presbyterians and independents their drudges in the late times to do their work . and if so , when ever you see them aga●● lab●●ring at the same oar , conclude they are still serving the ends of the same masters , or setting up for themselves . and here it will not be amiss to consider how things stand now , and what motives were frequently used for introducing the late unnatural war. did not the factious of those times seduce the people , by making them believe the late king , of blessed memory , was inclined to popery , or at least a favourer of it ? were not fears and jealousies the main engines used by those bloody miscreants to serve their turns ? and is there not strong presumptions that the same things are endeavoured by the same sort of men to be acted over again ? is it not daily inculcated what danger we are in from the papists , and many a dreadful story told of slavery , popery , tyranny , and arbitrary government , and god knows what ? does any man think that the magistrates are swallowed up in a supine negligence ? hath his majesty , think you , no care of us , nor of himself ? hath he not always with much fervor protested his adherence to the protestant religion ? did he not graciously offer the last parliament to sign any bill they should frame for security thereof after his decease ? is he then so zealous for its preservation after his death , and shall we imagine he will not protect us in the profession of it during his happy reign ? ( which god long continue . ) away then with these fears and jealousies which are formented by men of ambitious designs , turbulent spirits , and aspiring minds . look upon them all as tricks of the old trade . did his majesty ever do any thing that looked like betraying us into slavery ? for gods sake , sirs , consider whither we are going ; let us not be undone again by the same methods we were before . are there not some at this day that long to be fingering the crown-lands , and bishops revenues . be not ensnared with their wicked contrivances , and specious pretences ; and let not us deny that to our soveraign , which by the common suffrages of christ and his apostles was awarded to heathen emperours . but it may be said , we are yet in danger of being out-witted by the jesuites and their bloody crew , and the late plot is not yet over . it is true , we may yet be subject to some effects of their malice and fury . but we use to say , when a distemper is once discovered , it is half cured . have not we been hitherto delivered from those lions and bears ? they contrive , but god disappoints ; and if their plotting and designing , though it takes no effect , shall continually fill us with fears and jealousies , how much more should every man be filled with affrightment at the least appearance of that spirit which ruled in the hearts of those children of disobedience in the beginning of our late troubles ? shall these men still impose upon us such dreadful apprehensions of those , whose designs have hitherto been blasted , and must we be persuaded that we are out of all danger from those who have so far succeeded in their attempts , as to subvert a flourishing kingdom , and overthrow both religion and property ? perhaps if these things were well considered , we should not be so easily cajoled by them , whose great cry is for liberty , when indeed they mean nothing more than anarchy and confusion ; against popery , while they mean episcopacy ; that while we are staring at the romish wolf , we may be surprized by the northern bear. we have had of late some instances of tumultuary proposals and applications , that fell little short of the old story of venn with his mermydons , as his late majesty was pleased to express it ; which was onely an essay of the strength of that party that cast us formerly into confusion . but they were seasonably checkt both by the authority and good affections of the city , to the confusion of their hopes and designs . is not this like absalom in the gate ? is not this the way to amuse and fright men from their trade and business ? and in effect to cry , as of old , to your tents , o israel ? it is a dangerous thing to affect popularity , and to talk of papists in masquerade . but unless we had better marks whereby to distinguish those sort of men , it can onely serve as an odious term to be fixt upon whom himself and his party pleases ; and when time serves , expose them to the fury of an untutoured zeal , and to be used as malignant , delinquent and popishly affected , were of late ; which had no other effect , but sequestring the estates , and ruining the families of persons so stigmatized ; though indeed they onely were the true lovers of the protestant religion , their king , and country . we are not to account a vote of the house of commons to have the authority of a law , ( as some would have a late vote to be , ) when as ( the parliament being dissolved ) it signifies just nothing as to the matter of law , though it was an honest and excellent testimony of their zeal for the preservation of his majesties person , and the protestant religion ; for which the whole nation is bound to give them thanks , but i hope we shall never live to see a vote , no nor an ordinance neither , pass for a law ; and i believe this did not speak the sense of the house : and as little did the late out-cry speak the sense of the city , as appears in this , that there are not ten men to be found that will own the action . beside that , the faction was over-born by a majority of honest men . i have no purpose to reflect upon any mans person . my design is onely to caution my fellow-citizens , not to have a hand in any action that looks like faction and disorder , for from little sparks , many times , are kindled mighty flames : and solomon bids us , shun the appearance of evil . frailty and imperfection is justly inscribed on all things sublunary . yet if we could suppose a system of rules and laws infallible , even this could not free the government from miscarriages , it being morally impossible among such a multitude of subordinate officers ( of necessity to be used ) that all should be furnished with wisdom and integrity sufficient for discharge of their duty , so that there will always be cause of complaint , but no man can say , that such things will discharge the subjects from their duty . as to the constitution of our government , it hath been reckoned the best in the world ; and for the administration , i dare appeal to any man , whether there is not more rigour and severity , heavier taxes and impositions laid upon the people in the most flourishing christian kingdom in the world , by three parts in four , than ever we have yet met with , unless in the late times of defection . is any thing imposed upon us ( which to remedy ) will make amends for tumult and disorder , or any danger threatned , or like to befall us , that can equal the mischief and inconvenience of a civil war. consider this , fellow-citizens , and let not ambitious men purchase their advancement with the price of your bloud and treasure . they may contrive with their heads till their hearts ake , but without help of your hands , all their project will fall to the ground . i beseech you therefore stand fast in your duty to god , allegiance to the king and the government established by law. to the first you are obliged by nature and religion ; to the second , by religion and oath ; to the last , by prudence and interest . it may be said by the dissenters from the church of england , that they are willing to obey his majesty , and observe the law in all civil matters , but in ecclesiastical affairs , and episcopacy , they will not , they cannot yield obedience . my business is not to dispute the point , but to persuade to peace , and to warn you of such men as are like to disturb it . let it be considered that episcopacy hath received the same civil sanction with those laws that concern liberty and property . it is adapted into the constitution of the government . would they have his majesty abolish episcopacy by his own power ? surely this would be to exalt prerogative with a witness ; and ( as themselves would say in other cases ) contrary to magna charta . if not , let them cease their murmurs , till some parliament comes that will pull down that , and set up a better , if they can tell where to find it . i confess if any man purely out of conscience refuseth to conform , and the laws against it rigorously executed , his circumstances are hard . but is that our case ? is not every man suffered to be as good as he will ? doth not the clemency of our king admit every man to hear and preach where they please ? to follow their own pastors , and their own discipline ? and after all this , do you hear men cry out against the government , the bishops , and the clergy , men of honour and dignity in the church , persons against whom they have no exceptions , but their office and revenues , persecuting them with the most vile and unsavoury language their malice can invent . and is this out of conscience too ? can any man think he that shuns a surplice , but can easily swallow a lie , that exclaims against the common-prayer , yet is full of envy , and hatred , is uncharitable to his neighbour , and constantly replenished with scurrilous and immoral expressions against every one that treads not in his path : that this is the effect of a tender conscience . fly then the society of this sort of men , for whatsoever their specious pretences may be , their thirst is after domination and plunder . those that trampled upon the mitre overthrew the crown , monarchy and episcopacy both fell by the same hand : therefore it is not amiss to mind you once more of solomons advice , fear god , honour the king , and meddle not with those that are given to change . when you reflect upon the methods taken in the beginning of the late wars by an ill-spirited sort of men , whose delight was in disorder , and aimed at gainful fishing , if they could but once trouble the waters , that their first endeavour was to raise a dislike against the person and government of the best of kings , and how the grand engineers stirred up the citizeus and apprentices to popular tumults , whereby his majesty was invaded , and through fear and force , banished from his palaces , cities , his consort , his royal children and family , and at last himself most barbarously murthered . what contrivance , and by whom carried on ? broils raised in scotland , the better to distress his majesty , and after all this and much more , not to be mentioned without the extreamest horror and detestation ; how the actors thereof were unmasked , their persons and designs discovered , their several governments under their most politick establishment shaken to pieces as frequently as formed , and at last both the one and the other , not by humane prudence , but by the meer hand of god , destroyed and confounded . in all which mutations this city felt most constant pains and afflictions ; and the whole nation , after all the vast expence of blood and treasure , had purchased to themselves , nothing but chains and fetters . when , i say , you reflect upon these things , it must needs excite your singular care to preserve your selves from a subjection to the designs of such men , as may have hopes to lead us again into the like defection and inconvenience , and to be afraid of any thing that hath a tendency that way . finis . a discourse shewing the great happiness that hath and may still accrue to his majesties kingdomes of england and scotland by re-uniting them into one great britain in two parts / by john bristol. thornborough, john, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing t a). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing t a estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : or : ) a discourse shewing the great happiness that hath and may still accrue to his majesties kingdomes of england and scotland by re-uniting them into one great britain in two parts / by john bristol. thornborough, john, - . bristol, john digby, earl of, - . [ ], p., [ ] leaf of plates : ill. printed by r.h. for charles duncomb ..., london : . variously attributed to john bristol and john thornbourgh--nuc pre- imprints. this work appears as wing b (wing number cancelled on wing (cd-rom, )) on reel : , and as wing t a on reel : . imperfect: tightly bound, pages stained, with print show-through and loss of print. reproduction of originals in the university of illinois (urbana-champaign campus). library and the harvard university library. eng great britain -- politics and government -- - . scotland -- politics and government -- - . a r (wing t a). civilwar no a discourse, shewing the great happinesse, that hath, and may still accrue to his majesties kingdomes of england and scotland, by re-uniting thornborough, john f the rate of defects per , words puts this text in the f category of texts with or more defects per , words. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - judith siefring sampled and proofread - judith siefring text and markup reviewed and edited - pfs batch review (qc) and xml conversion a discovrse , shewing the great happinesse , that hath , and may still accrue to his majesties kingdomes of england and scotland , by re-vniting them into one great britain . in two parts : by john bristol . london , printed by r. h. for charles duncomb , dwelling in little-britain . . to the right honovrable the estates now assembled in both houses of the high court of parliament . the sacred mottoes upon the coins of our late soveraigne and solomon king james , faciam eos in gentem unam and , quae deus co● junxit , nemo separet● might have deterre● some turbulent spi●rits of england and scotland , from vio●lating their peace cutting off the brid● from twede , and hindering that in●tercourse of amity , which to heavens and britaines glory , we no lesse happily than long enjoyed : but tongues and pens ▪ ( i wish i could not say swords ) have beene too busily imployed to untie that gordian-knot , which a good god , and a pious king had made so firme : some in these earth-quakes of state have laboured to underprop the houses of both realmes , others to pull them downe , saying , as of jerusalem downe with it , downe with it , even to the ground : nay , i feare , the same hand that hath held a spade , pretending to build a wall , hath held a sword to kill a subiect . wee need not send to ireland for poyson to kill two kingdomes , we have too much within our selves . poetry and oratory ( such is the corruption of wit ) can make candida de nigris , & de candentibus atra ; like dogs , they can either bite the sore , or licke it ; or like knives , that can both spread a plaister for a wound , and make a wound for a plaister : the poet juvenal speaking of alexander the great comming to see diogenes ; ( sensit alexander testa cum vidit in illa magnum habitatorem , &c. ) takes away the title of magnus from the king , and gives it to the cynicke : and have not we those that strive to make great britaine little , putting alexander from his bucephalus , and setting beggars on horse-backe ? i feare we have . there are too many empiricks among us , whose delight is rather to kill than cure ; but you who are the colledge of physitians for the preservation of the body politicke , will make no anatomies but of condemned persons by law executed , and by inquiry into the bad , labour for the safety of the good : let it not be said that this day a tribe is wanting in our israel . what though , as judicious weemes saith , the scots and english be as samaritans and jewes we have no rehoboam , why should we have a jeroboam ▪ we have no rigor ▪ why should we have a revolt ? there may bee a good samaritan which may take charge of the wounded man , when a priest and levite may passe by on the other side . let not the union of britaine be cut off , if it may bee preserved : binde up the bones that are broken , and make them whole ; so shall god binde up your souls in the rowle of the living . i doubt not but much good may bee gotten by a serious perusall of this ensuing tractate : sure i am it will not be wholly uselesse to candid , pious , & unprejudiced mindes , who shall finde it as fit as necessary for these times . i say no more , but with heart and hands lift up to heaven , pray , that as you are treasurers of the weale-publique , god will be pleased to crowne your publique endeavours , to the everlasting peace and welfare of this church and common-wealth , that his sacred majesty and royall off-spring may ever bee glorious , and that all his kingdoms and provinces may flourish , to the terror of foes , and the endlesse comfort of all true loving subjects . the epistle to the reader . it was no blessing , but a curse , when the ten tribes revol●ed from rehoboam ▪ division is good i● musicke , ill in kingdomes ; and if confusion of tongues ruin● a babel , confusion 〈◊〉 hearts will ruine bethel . scotland ma● say to england , 〈◊〉 lot to abraham we are brothers ; ye● when love cannot continue , except their bodies discontinue , the ●e of necessity must ●e to sodome , a 〈◊〉 and destinated for ●ire and brimstone . ●ingle kingdomes , ●ke fooles bolts , are one shot away ; but ●njoyned , as in a ●eafe , not easily bro●en . it was the hap●inesse of our late so●eraigne king james 〈◊〉 blessed memory , to a bridge ove● the tweed , not 〈◊〉 wood or stone , b● of english and sco●●tish hearts , cemente● with strong affection it was indeed a ha●●pinesse , to make tw● spots of earth , tw● little kingdomes , o● great britain : the in building , a seco● story makes a hov● 〈◊〉 house , though there ●e neither painted , ●or carved image in ●t , no fretted roofe , no ●old nor ivory . ca●or and pollux●rung from one egge , ●nd their signe is one gemini : thus is ●e vnity of brethren ●xalted even to a ●onstellation . that ●hich some years since was a motion , bre● some few moneth since a commotion namely , a necessity 〈◊〉 separation between england and sco●●land : which diff●●rence might bette● have beene decid● with an olive bran● than a sword , as 〈◊〉 hope time ere long wi● make manifest . wh● happinesse hath the vnion of two houses brought forth in this ●ne kingdome ? and ●f there bee such hap●inesse in the vnion of houses , what will there be in the vnion of kingdomes ? a thing which might bee ●s easily continued as compassed , if some turbulent spirits did not disturbe the peac● of sion . this ensuing treatise i could not b● publish , as knowing ▪ to be so soveraigne ▪ medicine for the maladies of these times . wherein ▪ ( gentle reader ) ● thou finde as much benefit , as i delight● thanke god , and the author ; i have my reward . farewell . svndry obiections against this ensuing treatise . the objections pretended against this treatise , are divided into foure severall natures or kindes : the first objection i● matter of generality 〈◊〉 common reason . the second is , matter of estate domestique an● inward , or matter ● law . the third is , matter 〈◊〉 estate forreine , or ma●●ter of intercourse , 〈◊〉 commerce . the fourth is , matter 〈◊〉 honor or reputation . the matter of genera●lity , or common reason as concerning all in generall , is also divided into two parts : first , that there is , nor can be pretended no cause ●f the change . secondly , that there is ●o president of like change , neither ancient , nor moderne , forreigne , or domestique . the first objection therefore is : that in constituting or ordaining of any innovation or change , here ought to bee considered either a generall necessity , or evident utility but that we finde no grief in our present estate , an● foresee no advancemen● to a better condition by this change ; and desire that it may be shewed unto● us . the second objection that we finde no presiden● at home nor abroad , o● uniting or contracting of the names of two several kingdomes or states int● one name , where the vnion hath growne by marriage or blood . and that those examples which may be alleadged , as far as wee can finde , or understand , are but in the ease of conquest . matter of estate domestique , or inward , or matter of the law , is divided into these three maine heads following . the first , that the alteration of the name of the king doth inevitably and infallibly draw on an erection of a new kingdom● or estate , and a dissolution and extinguishment of the old ; and that no explanation , limitation , or reservation can cleare or avoid that inconvenience , but i● will he full of repugnancy and ambiguity , and subject to much variety and danger of construction . the second is , an enumeration or recitall of the speciall or severall confusions , incongruities and mischiefes , which will necessarily and incidently follow in the time present . as in the summoning of parliaments , and the recitals of acts of parliament . in the seals of the kingdome . jn the great officers of the kingdome . in the lawes , customs , liberties and priviledges of the kingdome . in the residence and holding of such courts as follow the kings person which by this generality o● name may be held in cou●●land . in the severall and reciproque oathes , the on● of his majestie at his coronation , which is neve● iterated ; the other in the oathes of allegiance , homage , and obedience , made and renewed from time to time by the subjects . all which acts , instruments ? and formes of policy and government , with multitude of other forms of records , writs , plead●gs and instruments of a ●eaner nature , run now ●n the name of england , ●●d upon the change would 〈◊〉 drawne into incertain● and question . the third is , a possibi●●ty of alienation of the ●rowne of england to the ●ne of scotland , in case 〈◊〉 majesties line should determine : ( which god of ●s goodnesse defend ) for if it be a new erected kingdome , it must goe in t● nature of a purchase , 〈◊〉 the next heire of his majesties fathers side . the matter of st●forreine , or matter of 〈◊〉 ●●tercourse and commer●● consisteth of these th●●● points following . the first is , the league treaties , forreine fredomes of trade and tr●fique , forreine contra●● may be drawne in ques●●on , and made subject quarrell and cavillation . the second is , that the kings precedency before other christian kings , which is guided by antiqui●● of kingdomes , and not ●y greatnesse , may be en●angered , and his place turned last , because it is ●h newest . the third is , that the ●lory and good acceptation of the english name and ●ation , will be in forreine ●arts obscured . the matter of honou● and reputation stande● chiefly upon these fou●●maine heads , or points following . the first is , that 〈◊〉 worldly thing is more de● to men then their name 〈◊〉 as we see in private fam●●lies , that men disinheri● their daughters to con●nue their names ; muc● more in states , and whe● the name hath been famous and honourable . the second is , that the contracted name of bri●aine , will bring in oblivion the names of england and scotland . the third is , that whereas now england in the stile 〈◊〉 placed before scotland ; ●n the name of britaine that degree of priority or ●recedence will be lost . the fourth is , that the change of name seem harsh at the first , in the popular opinion , and something un●leasing to the countrey . these precedent objections , and many other pretended against the happy uniting of these two famous king●omes of england and ●cotland , the reader shall finde sufficiently answered in the ensuing treatise , by the author , to his full satisfaction and content . the ●e-marriage of two famous kingdomes , england and scotland : ●●duced into one great brittaine , ●y the providence of one god , the ●iety of two kings , the unity of ●oth nations . by way of answer 〈◊〉 former objections . by iohn bristol . it was long before the objections against the ●ntended happy union of both the realmes came to my hands : b● having read them , 〈◊〉 could not hold m● hand from writing 〈◊〉 remove & cleare them esteeming them only 〈◊〉 great shew of big lo●● laid in the way , b●●tween the two emine●● markes shot at by t● soveraign vnitor , namely , honour and happinesse : the one inseparably inherent in his m● royall person : the othe● assuredly intended 〈◊〉 subjects benefit : whi●●●hings in apparant uti● , or urgent necessity ●e objectors desire to ●e shewed them : for whose satisfaction , i have briefly examined , and answered every ob●●ction . the objectors finde ●o president at home ●or abroad , of uniting 〈◊〉 contracting of the names of two severall kingdomes or states ●nto one name , where the vnion hath growne ●y marriage or blood : and say , that the examples which may bee alleged , are but in case 〈◊〉 conquest . but i remember , that charles 〈◊〉 france the eighth , 〈◊〉 comineus mentioneth taking to wife the hei● of little brittaine , annexed it to the crowne● france , ruled it 〈◊〉 lawes , customes , a● priviledges of fran●● and gave the noble thereof place in parliament in france : 〈◊〉 union is a strong keep of imperiall soveraignty , and is the very si●ewes of weale pub●●que . but as tacitus●ith , by divers lawes , ●er diverse nations ●●bject to one king , ●uicquid est authoritatis ●ebis destruitur contra●●ctionibus . charles the fifth uni●●d in the common ●ame of spaine divers ●ther his kingdomes , ●hereof two of them , ●amely , aragon and ●astile , descended to him in right of blood ▪ for he well knew , that the most eminēt in dignity is most honored 〈◊〉 vnity : and that this truly called prudence even the electing , or rejecting , the continuing or changing of forme● and uniting kingdome according to time , pla●● or persons : which gre●● vertue is not alwai● contained in certai● and the same bound but altereth it selfe 〈◊〉 occasion serveth , in respect of forenamed circumstance . but the objectors acknowledge uniting of kingdomes in case of conquest . i marvell they doe it not much more by right of blood : for in that vnion of constraint , there is ever doubt , and dread for continuance thereof , as is well said : malus cu●tos diuturnitatis metus : but in this by right of ●lood , god giveth bles●ing to natures work . first , in the great majesty of the high at supreame governou● where one mighty monarch is of more command and power , the a king of divers disti●guished kingdomes . secondly , in 〈◊〉 more facility of the government , where people under like law are more easily rule than under divers law ▪ and thirdly , in t● more security of the g●●verned , who being with like equity of ●wes , will one love and strengthen the other : but being divided , ●oe oftentimes under●ine , and practise sub●ersion one of the o●her . vires imperii in ●onsensu sunt obedienti●m : tolle unitatem , & ●mnis imperii contextus in ●ultas partes dissidet . which consideration made king henry the ●ighth rightfully assuming the title of king of ireland , by voluntary vote in parliament o● the lords and com●mons of that king●dome , ( albeit the king of england were be●fore that time , but cal●led lords of ireland● yet now changing hi● stile , to endeavour b● just lawes to cause the irish change as wel● their apparell , as lan●guage , and divers thei● old formes and forme● lawes , and to reduc● them into forme o● english fashion , eve●●gainst their former cu●tomes and conditions . ●t is then a matter not only of utility and ne●essity , but also of rea●on and justice , that a king in right of blood ●olding two king●omes or states , doe ●nite & contract them ●nto one name and na●ure , specially kingdomes of one continent , and which in ancient times were but one , till ambition and contention divided them . and this ma● stand for answer to the objectors first main head of matter , of esta●● inward . now where it is fa●ther alleaged , that the alteration of the nam● of the king , doth in●vitably and infallibl● draw on an erection o● a new kingdome , and dissolution and extinguishment of the olde herein verily i think the matter is much mistaken ; for the change o●●●me , is not so rightly 〈◊〉 be tearmed alteration 〈◊〉 new erection , as re●●●tution and reparation ●oth of name and ho●or : for divers his ●ajesties most noble ●ogenitors , have here●●fore been entituled ( as ●hronicles tell us ) ●●ings of all britaine : as ●enry the second , king 〈◊〉 all britaine , duke of ●ascoine , guien , and ●ormandy , whose son ●●hn had also in his ●oine stamped , as is to be shewed , johan● rex britonum . and before the conquest of t● saxons , it is certai● that the whole i le w● called by the name 〈◊〉 britain . but saxons e●tring at disadvantage● that mighty natio● consumed by death a● famine , conquering t● remnant of people of ●mous britain , enforc● them to distinguish a● divide themselves 〈◊〉 flying into mountain and fortified plac●●d afterward king ●bert , utterly to roote ●t the remembrance 〈◊〉 great britaine , com●nded that the land ●ould be called no ●ore by that name , ●t england , and the ●ople , englishmen . ●t egbert is dead , his ●wer weake , nay ●ne at all : let none ●erefore feare to re●re his country to 〈◊〉 olde name , and an●nt honour : for eg●rt , i say , is dead , and king charles ●veth , et vivat & vin● rex carolus . this , i say and e●force againe , is a mat● also reasonable , ju●utile , and necessary , s●ing the soveraign bri●geth in no innovatio● of a new name , but ●stitution of the old , 〈◊〉 dissolution , but forti●cation , whereto i kno● none will subscrib● which either envy t● kings greatnesse , 〈◊〉 kingdomes happiness● but let none mar●ll , why it hath not ●is long time been re●uced into his former ●ame : for the diversity ●f kingdomes , being made divers by war ●nd conquest , and ha●ing heretofore divers ●ings , could not in rea●on or justice endure it , ●or under any colour of ●tility , or necessity , un●ergoe , or conclude it . but now seeing our soveraigne lord the king , being rightfully descended of all the kings & princes , whi● heretofore raigned a● ruled in england , sc●land , or wales , as 〈◊〉 only hath power to ●●store all into one 〈◊〉 former title and dig●ty , so let none thin● this his princely a● just pleasure , a ne● erection , but restitutio● of olde , where it is mo● reasonable and just , 〈◊〉 extinguish the name lesser continuance , the the name which h●●ntinued and been fa●ous by the space of ● . yeares before ●hrist , and . after ●s incarnation , which ●hole computation ●ommeth to years . ●nd where it is most ●onourable by just de●ent in right of blood , ●ot only to change , but 〈◊〉 abolish the name ●mposed by a con●uerour to the disho●our of a nation : ●nd where , for ●ught i understand , the matter is not so d●●ficult , nor of that inco●●venience and dange● but may with mu● ease and safety be do● with salvo jure , or oth● reservation and expl●●nation , as the wise an● learned in the law● can at large devise when they list , five no● excogitent , sive antiq● restituant . but for example , 〈◊〉 bring the uniting 〈◊〉 dane-lex , and merci● lex , by edward th●●onfessor , which was ●ot prejudiciall to any , ●at ever i could reade , ●ut profitable and ●eedfull to all , in the ●olishing of divers old ●wes , and ordaining ●vers new , and ma●ng lawes to all , all ●ne : done no doubt with due respect to ●eale publike , with ●eedfull limitation and ●ue consideration of ●en , matter , time , place , ●nd other circumstance . neither doth any new erection and exti●●guishment of olde , 〈◊〉 necessarily conclude 〈◊〉 convenience full of ●●pugnancy , danger 〈◊〉 construction and co●●fusion , as is pretende● but may in this case ( 〈◊〉 beata omnium vita mo●●ratori est proposita ) as e●●sily bee cleared and ●●voided , as it was wh● the principality a● country of wales w● by parliament incorp●●rated and united un● the kingdome of en●●●nd , and all the inha●●tants thereof made ●●uall in freedomes , ●●berties , rights , privi●●dges , lawes , and in all ●●her respects to the na●●rall subjects of eng●●nd , and all inheritan●●s made of english te●●re , to descend with●ut division , or partiti●n after the manner of ●ngland : and the ●awes , statutes , and ●rdinances of the realm ●f england , comman●ed to bee executed and put in pract● within the country a● principality of wal● so as now in this ne● erection and dissolu●●●on of the old , 〈◊〉 welshmen with us , a● we with them , a●●knowledge joyfull● one only governo● and one only gover●ment , where the m●●jesty of the governo● is equally supra nos , a● the justice and equity 〈◊〉 the government equ●ly pro nobis : where● ●ertus ordo in jubendo & ●arendo . which certain ●nd the same course and ●rder of commanding ●y the king , and by his lawes , and of obedi●nce in subjects , is a ●trong tye , and as it were a vitall spirit , ●olding in one infinite ●housands : where re●ere , as the philosopher speaketh ? is reckoned ●nter necessaria , and regi inter utilia . againe , could seven kingdomes of saxons bee reduced into one and in good time , all their divers lawes 〈◊〉 whereby the divers● subjects of those seve● divers kingdomes wer● diversly governed , be● brought into one form● of civill governmen● without repugnancy 〈◊〉 ambiguity or dangers and shall we thinke it 〈◊〉 matter of such difficul●ty , to unite onely two kingdomes , which do● not much differ in manners , lawes and customes ; saving such laws & customes as were formerly ordained on each part one against ano●her , when they were enemies , or scarce friends one to the other ? which ●aws doubtlesse all will say , must bee abrogated , ●hat in further proceed●ng to union , wise men , with grave consideration may conclude it , for good of both nations , without offēce , as in former times much more hath bin done with less 〈◊〉 doe . an empire of many kingdomes thus reduced into one , is not unlike the firmament o● heaven , which god hath adorned with the two great lights , the sunne and moone , and other starres , even the whole army and ha● mony of the heavens in one firmament . wh● so throweth a ston● against heaven , saith the wise man , it will fa● upon his owne head and if any one standing alone from the rest , speaketh against and oppugneth this vnion , better it were ( saving my charity ) that vnus ille periret , quam vnitas . touching the enumeration and recitall of the speciall or severall confusions , incongruities and mischiefes , which in the objections are in the second place , of matter of estate inward , pretended , i briefly answer , that there is no feare of confusion in true and perfect vnion . which thing the mighty alexander , renowned for fortitude and policy , well knew , who is much commended by plutarke , that ( where zeno chiefe of stoickes framed an idea of best common-wealth , such as was not divided by countries and contrary customes , but was as all one , of one kinde of life , and as one flocke feeding in one pasture , under one shepheard ) alexander i say , put that in practise which zeno but imagined : for saith plutarke , not as aristotle alexanders master taught him , so did hee , living as a father to the grecians , and cruell commander over barbarians , respecting some , and neglecting others : but he reconciled all into one , mixing mens lives , lawes , names and marriages together , and perswading that none were aliens and strangers among his subjects , but such as were evill men , accounting all good men , as one man . now i conclude this point , that there is no confusion , incongruity , or mischiefe to be feared in that vnion , where our most rightfull king sitteth , not by conquest of sword , but by right of royall blood , in the seate of his most noble progenitors : and not as alexander , who by conquest sate in the seate of darius among persians : nor as xerxes who joyned asia and europa together with a woodden bridge over hellespont : but as all other most mighty governours , and the best kings have ( by a golden bridge of likenesse , of love , of equity , of laws , and of common comforts of society and joy , ( all which were both profitable and needfull ) joyned together two or more kingdomes , for their owne greater honor , and subjects more undoubted happinesse . which thing likewise that noble and valiant trojan aeneas long sithence put in use , who by vnion , even of divers nations , omnis eodem nomine , & eodem jure latinos vocavit . and thereby as livie reporteth of him , he made many and divers nations as one people , most familiar , and most friendly together . doe not divers sun-beames come from one sun , and all they of one nature ? are not divers lines drawne from one center , and all they of one fashion ? are not divers boughes from one tree , and all of the same substance ? and may not divers people under one prince , though they are divided in persons , yet be united in lawes ? and though they bee sundred in countries , yet be knit together in hearts , specially if emulation cause no incongruity , nor disorder confusion , nor strife mischiefe , only with saving each mans honor , with continuance of each good custome , and with furtherance and establishing the common good of weale publique ? the king is the countries parent , who by vnion , non servos , sed cives cogitat : and as iupiter was said to be rex omnibus idem ; so would his majesty be idem omnibus , one head to one body . wherefore if hee desire to unite the two kingdomes , and to account them one , and as one beloved sonne ( whose life is deare , and whose happinesse joy to him ) that all subjects as one sonne , in common apparant utility , might participate common patrimony of just lawes for weale publike , let none be so hardy ( with the harlot in the daies of solomon ) to say to the king our common parent ; divide the childe , and cut it into two parts ; lest such division part that into two , which god in nature first made one : and now in his greater goodnesse hath restored , in the royall person of our gracious king into one : what god hath so joyned together , let no man put asunder . for hereof may arise plaine incongruity , and fearefull inconvenience , which may farther grow into confusion and mischief . only i pray them , which object against the happy vnion , to set before their eyes , and to consider with their hearts , the grievous contention between the divers people of the kingdome of israel and the kingdome of iudah : for albeit the two kingdomes were united in the person of david their king , yet for want of more perfect vnion in lawes and love , there arose heart-burnings on both sides : for israel complained : the men of iuda have stolne the king from us : and they of iuda challenged , that the king was nearer in blood to them , than to israel : and israel againe replyed , that they had ten parts in the king , and therefore had more right to him . but what in the end grew of this contentiō & emulation ? consider i pray , and prevent such inconvenience and mischiefe : there was not any one among the tribes in the second generation that followed the house of david , but iuda only : omen avertas deus . when i was but a yong scholer , i learned to call that aequivocation , which was corpu● monstrosum , under one name of divers formes : as homo pictus , and homo vivus agree in the name of man , but not in the same reason , definition , and nature : so i can call the agreement of english and scottish only in subjection to one soveraigne , but without farther vnion of lawes and true love , not lively and indeed , but painted and in shew ; not substantiall , ●ut aequivocall ; not re●ll , but nominall : name●y , in the king , as in the head , which is but one : ●ut not in themselves , ●s in the body , which ●ikewise is , or should be ●ut one . this is true in●ongruity , wherof may ●rise such farther fearefull inconvenience , as i wish may bee to them ●hat hate the state , and the experience thereof ●nto the k. enemies . touching the particulars of confusion , &c ▪ surmised by the obje●ctors , i briefly answer first , that exception taken of summoning future parliament , is no worth answer : for the stile and title of the kin● changed , may chang● also in future writs . secondly , the chang●ing of the seale , is only charge of a new cut . thirdly , the great old officers of the kingdome , when they ( ye● most worthy of office ) ●oe hereafter weare ●ut , the kings majesty ●hall afterward by this vnion , have more ●hoice to prefer the worthiest : for his ma●esty by this vnion shall ●gaine more choice for ●ll the publike services , ●o be performed either at home or abroad . neither may it be reasonable for any man , for private or particular respects to repine thereat : like to cato his son , who feared lest by his fathers marriage h● might leese somewha● of his patrimony , and therefore murmured lest his father should beget more sons : bu● had his answer with a sound reply unanswerable : son ▪ i desire to have more sons like thy selfe , good citizens , and serviceable for the common weale . fourthly , touching lawes , customes , liberties , and priviledges , ●t is to be wished that the rigour of ours were somewhat qualified , ●nd the liberty of theirs ●omewhat restrained : ●either is it a new ●hing , in so large a ●ingdome , that some should be more enabled and honoured with priviledges than others , according to the kings good pleasure , ●n whom dwelleth , ●nd from whom is de●ived all true honour . fifthly , the feare of residence , or holding in scotland such courts as follow the kings person , is the selfe same as if we feared , that without vnion the king would hold personall courts in cornwall : or as if we doubted that such courts , when our former kings were personally in france , were not for all that kept a● westminster . the sea● of judgement is the sea● of the house of david thither the tribes goe up , and there the peoples feet stand , even in the gates of ierusalem ; which ierusalem is a city that is at unity in it selfe : at unity concerning matters of religion , at unity in matters touching publike justice and government : therefore the king began his psalme . i was glad when they said to me : we will goe , &c. lastly , the exception taken against vnion because of the kings oath at his coronation , which is never iterated , is grounded on the selfe same reason : as if it were also alleadged , that because his majestie sweareth to maintaine ancient and fundamentall lawes , therefore upon circumstance of time and occasion he might not alter any law : but let it be remembred , that the kings oath concerneth the lawes and not the title , and we know the lawes may be preserved , though the title be altered . and as for subjects , i doubt not , but they may without danger , at the pleasure of the king , sweare their allegeance and doe homage and obedience after restitution of title , reformation of law , and vnion of kingdomes . and ancient records doe no more leese their force by the change of england into britaine , then by change of king iames into king charles . and there is no more incertainty of pleadings , instruments , and writs , than when a plaintife deceaseth after seven yeares suite , his heire is put to begin , & commence his suite anew , & in other name . the heart of objections against vnion being halfe broken , let us enter into the third consideration of matter of state inward , where is objected a possibility of alienation of the crowne of england to the crowne of scotland , in case his majesties line should determine . but blessed bee god , our gracious soveraigne king is blessed with a plentifull issue , and hath yet much farther hope . and i hope ( for which i pray night and day ) that his majesties royall issue shall not faile , so long as the sun and moone endureth . neverthelesse , if some will not labour of the common bane of good wits , which is rather to dispute , than obey ; and rather to reason beyond reason , than yeeld to reason , ( more magis quàm judicio ) they may herein also easily answer themselves , that in uniting the two kingdomes , the second place in stile may be rather drawne to the next of blood in our land , than the kingdome of england bee transferred to one farther off frō the seem . which thing , neither henry the seventh nor henry the eighth doubted , the one seeking to marry his eldest daughter lady margaret to king iames the fourth of scotland , hoping if his heire male failed , by that meanes to unite scotland to england . and the other having his whole drift , to match his sonne prince edward to queen mary , foreseeing in his providence the inestimable benefit of uniting the two kingdomes : for which cause many of the nobles of scotland , gave faith to doe their best endeavours . but it is a strange doubt , and cast beyond the moone , to imagine , that vnion of the two kingdomes doth so confound the state , and change the tenure , to bring it so into case of purchase , as it will necessarily subject england to scotland , especially if his most excellent majesty , of his singular tenderness and love to this his realme of england , be pleased to effect and establish , that in case his royall issue ( which almighty god of his infinite mercy defend ) should faile , that then by this happy intended vnion , the realme of scotland should for ever be and continue indissolubly united , and annexed to the lawfull and rightfull inheritance , and succession of the crowne of england , in the blood royall of the same . now touching matter of state forreine , in answer to the first objection : i am well assured , that our forreine affaires were at worst in the opinion of all , at the decease of our late queen , and our entercourse utterly decaied with many princes : so as we need a kind of present renewing , which may be cōcluded as wel under title of king of all britain , as of england . to the second it is easily answered , that the king loseth no precedency of place , as is imagined , specially antiquity ( as in the objections is alleadged ) guiding it , and not greatnesse . for the successor to king arthur of britaine , will bee worthy in the opinion of the whole world , of better place , then king egbert of england . to the third , that if the name of england ( as is imagined ) be obscured , the name of famous and great britain will be illustrate , memorable in times past to all the then knowne nations of the earth . touching matter of honour , it is certaine and evident , that the name of england , though it hath beene worthily most famous and great , yet is not equall to the title of great britaine , when england and scotland are reunited , either by reason of honor , or of power . all histories remembring unto us , that the britaines long time resisted the mighty force of romaines , lords , and conquerours of the world . and albeit some fathers can be content to disinherite their own daughters , to continue their names , ( as is inferred in the objections ) and therfore inforced , shold be much more in states , specially where the name hath beene famous : yet for my part , i account such parents unkind and unnaturall , where self-love of their name , maketh them forget themselves , and forsake their owne flesh . i will not urge here the law of god , of nature , and of most nations where daughters inherite , & names grow extinguished . but this is a vaine respect only of name , wherof is spokē ; to get a name on earth , and to think their name should never be put out : whereas so many countries , so many people , so many persons , have either lost or left their former name , and most willingly have been called by another name , gaudet cognomine terra : ( virgil eneid . lib. . ) that countrey rejoyced to be called by a new name : how much more should our land imbrace this name of britaine ; and yet not new , but indeed his old proper name renewed , and as it were redivived and restored from the dead . or be it simply losse only of a bare transitory name ; yet as the prophet esay speaketh , chapter . ver. . let not the eunuch say , behold , i am a dry tree , my name shall perish with mee . let us rather regard that name which god promiseth to them that serve him , saying , ( esay . ver. . ) even unto them will i give in my house and within my pallaces , a place and a name better than of sons and of daughters : i will give them an everlasting name which shall not be put out . the argument of oblivion deserveth no answer , but silence and forgetfulnesse : and yet i doubt not , but famous acts of noble english men , will as well by chronicle bee remembred to posterity , as the glory of renowned britaine record remaineth to this day , neither will either be forgotten to the worlds end . the stile of england now placed before scotland , doth no way prejudice the vnion by losse of precedency : for when all is one , there is no subsequence : onely honor is due to him , who is to be honoured ; and much honour to him , that is much to be honored : which thing in the vnion may easily bee provided for , and other pretended inconveniences prevented . lastly , the prejudicating the popular opinion , to whom ( as is objected ) change of name will be harsh and unpleasing , is in mine opinion a wrong done , and imputation laid upon the people , who i know ( for the most part ) being a wise nation , and ( i am sure ) most loving subjects to the kings majesty , have learned obedience and duty , and will therefore rather joy in the content of their good and gacious king , then any way murmure at his demand : knowing , that the empire , ( as livie speaketh ) is firmissimum , when eo gaudent obedientes , who doubtlesse with one voice and heart submit themselves , and say to their soveraigne : esto nobis solus arbiter rerum jure , & nomine regio . and as for harshnesse of the strange name , use will easily make it familiar . as horace saith : multa renascentur quae jam cecidere , cademque quae nunc sunt in honore vocabula , si volet usus . this pretended unpleasing harshnesse is no more , than the nicenesse of a virgin , who is as loth , and maketh it dainty to leave her fathers name , yet afterward married to a husband , taketh greatest comfort in the name of her husband , in whom shee glorieth , and by whom shee enjoyeth all her worldly joy . and yet need not england be so nice as if she were a virgin , who like a widdow hath so oftē changed her name : but may take pride , as widows do , to bee called by her most honourable and most glorious name . thus having briefly run over the objections , and withall carried in open view in mine answer due consideration both of evident utility , and urgent necessity , i will be bold with additions of more reasons , yet a little farther to proceed in the perswasion of this desired happy vnion . god , alwaies blessed and to be honoured for evermore , who is trinity in vnity , and vnity in trinity , three persons , and but one god , doth by influence of his holy spirit , give divers gifts and graces to beleevers , of what country or condtion soever they be , & governes them by holy law , and uniteth them in the same faith , though diversly scattered among all the nations of the christian world : that hereby the gods on earth , whom he hath placed to rule over many and divers kingdomes upon earth , might learne by the same lawes in things humane , and same religion in matters divine , to preserve weale publike , and christian society among men . but the ambition , and frowardnesse of many , desirous rather to be distracted into divers names and countries , and to be ruled by divers lawes and customes , doe oft times hazard the common good and peace of the weale publike : where two kingdomes so divided under one soveraigne , are not unlike the rich treasures of pearle and gold , laid up in one ship , by contrarieties of divers windes to be driven upon rocks with extreamest danger : as is said in tully , of dividing and distinguishing desires into severall parts and members , in such diversities and differences : hoc est dissipare , & non distinguere , frangere , & non dividere . which thing is to be feared by not uniting , but keeping the two kingdomes still in parts , when upon every discontent in scotland , as at a backe doore passage may be given for a forreine enemy , soone to weaken a divided power : as cyrus the persian soone emptied that great and deep river , otherwise unpassable for his soldiers , by drawing it into divers channels . and why should not we feare such and greater evils , if as virgil laid infamy upon us , calling us , toto divisos orbe britannos : so we be content to adde greater infamy to our selves , and become toto in orbe divisi , divided within our selves in the sight and view of the whole world ? but i hope and wish for better things , that by vnion in name of britaines , we may leave to be any longer divided into english and scottish ; as rivers of divers names meeting in the sea , receive one and the same name : the rather , because the elements of fire and water , of earth and aire , being of repugnant qualities , yet joyned in one body , doe agree in one forme , as in a medium uniting and mixing them together : much more , divers kingdomes oft times heretofore at war and discord , yet now being united into one body , of one name and nature , qualified by equall mixture , of law , manners , honors , marriages , and such like , may be made perfect in one forme , and have a beeing not as english and scottish , but as britains , knit together in that third and renowned name : that the maxime may be verified in us : qua in aliquo tertio conveniunt , optime conveniunt . i confesse , that some lawes of ours may bee thought too streight for them , and some liberties of theirs unfitting us : but let all be wrested alike , pulling some up , and letting some downe , and in pleasing harmony we shall find , as tully saith : commune & aequabile inter omnes jus : where will be no strife , as was betweene esau and jacob , undermining and deceiving one the other of blessing and patrimony ; but all love , and unity , and concord , and content , as if all were not twins , but one man , even one heart in one body . and now if iphicrates , that valiant leader were againe living , and asked , whether he were under the now imperiall majesty , this or that , english or scottish , or among , or over them , an horseman , an archer , or a leader ; he might truly answer , as sometimes he did in like case : no , not any of these , but i am he , who knoweth under him whom i serve , to command and governe all these , as if they were but one man : vnius ducis imperium simul sentiunt omnes copiae . thus in warre and tumult , much more in quiet peace , may it be said : divers subjects ad nutum unius regis , & ejusdem legis omnes simul respondent . so powerfull is the force of vnion , that una via being director , for law , and cor unum performer for obedience : the law enjoyning obedience , and obedience executing law , the prince cannot command what the people will not obey : and the people will obey what the prince commands , and vnity among them will uphold all : vnum imperii corpus unius animo regendum videtur : & so likewise , ejusdem juris esse debent , qui sub eodem rege victuri sunt . but rule of two kingdomes without uniting them , is to give occasion to either part to look backe for an olde grudge , vbi antiqui odii pertinacia in publicum stimulat exitium : which i feare would be , as the going backe of two rammes , more fiercely to butt at , and beate one the other : where held both together in like yoke , one cannot easily offend or force the other . sic enim immensa multitudo authoritatis quasi spiritu regitur . and where it is of the nature of man not to endure all servitude , nor all liberty , but to strive to shake off the one , and to be weary of the other ; it is certaine , that equity and equability of like lawes to a divers people united in one , will make them ( which otherwise feare servitude ) to enjoy freedome : and those which seeme most free by former priviledges & immunities , to feare servitude , if they transgresse their bounds : for such vnion and equity is communis custodia , & principatus & reipublicae . but faction and ambition , are the father and mother of intestine calamity , civill war , and deadly feud . who so loveth this , will never like that ; neither is he of the body , but of the toes and feet of that image which nebuchadnesar dreamed of , dan. . whose head was of fine gold , whose breast and armes of silver , whose belly and thighes of brasse , whose legs of iron , and whose feet , part of iron and part of clay . silver , brasse , and iron are metals easily mixed , but iron and clay will not by any meanes melt and joyne together . kingdomes divided are prefigured in the iron and clay , they are partly warlike and well governed , & partly weak , factious , and seditious : they agree not to the king their golden head , and though they ( as the text saith , verse . ) mingle themselves with the seed of men , yet joyn not one with another , but are as iron and clay , which will not be mixed together . the poets call this latter age ferrea : let us which live in it prove them poets , and not prophets , that so being joyned to our golden head in all obedience and duty , in all love and zeale to our countrie , and in vnitie among our selves , god may still showre down his wonted favours upon church and common-wealth ; and that wee may still bee thankfull , returning him the glory . finis . a second part to the precedent treatise . the state of england , and scotland may bee resembled to the condition of israel , and iuda , not only for emulation , who have most right to the royall person of the kings majesty , for their defence , and government ; but also for that the two kingdomes were at first both but one . besides , god , as he speaketh by his prophet hosea , chapter . did also at first alike leade both them , and us , with cords of a man , even with bands of love . and as it pleased god , for sinne of people to breake those bands , even both the staffe of bands , and of beauty , to dissolve the brotherhood of israel , and iuda , ( as saith the prophet , zach. . ) so , for the iniquity of our forefathers , god brake the staffe of bands , signifying mutuall love , and also staffe of beauty , signifying order of government , and brought in upon them , and upon their posterity , even to these our later daies , as esay saith , chapter . a staffe of division , and yoke of burden upon theirs , and our shoulders ; which now for all that , out of the riches of his mercy , he hath also broken in pieces , making all one againe , as hee spake by his prophet ezekiel , concerning israel , and iuda , ( chapter . ) saying , i will make them one people in the land , upon the mountaines of israel , and one king shall be king to them all , and they shall be no more two peoples , neither be divided , any more henceforth into two kingdomes . this foundation laid , as project of our whole purpose ; the truth sheweth it self how two kingdoms , severed in place , not much differing in lawes , nor dissonant in language , but only disagreeing heretofore in neighbourhood , may be comprehended under notion of one name , specially seeing , when one ruleth both , and both become subject to one , they are no more two , but one body , linked in like duty , and knit together in one band of obedience . to doubt this is in strangers , ignorance , but in subjects , a great offence . for who so considereth that many shires , with the principality of wales , heretofore made one england , cannot but confesse that likewise england , and scotland , with all their territories , islands , shires , and countries make now one great britaine , and all the people of both the mighty nations , britaines ▪ and that the kings majesty hath done as princely an act in uniting both the kingdomes into one name , as he did in uniting the armes of both the realmes into one scutchion , having a like right in both . for all great britaine being his majesties inheritance , all his subjects within that continent are brittaines . iust , and reasonable was the demand of annius , chiefe governour of latines , in uniting romanes , and latines , saying , ex utraque gente unum oportet esse populum , unam fieri rempub : eandem imperiisedem , idemque omnibus nomen . and albeit the latines were content , for sake of weale publike , to prefer romanes before themselves , and be called by their names ( as the history there farther reporteth ) quoniam ab alter utra parte concedi necesse est ( quod utrisque benè vertat ) sit haec sanè patria potior , & romani omnes vocemur : neverthelesse the case not standing so with us , that scottish should be called by our name , nor we by theirs , methinkes , a third name of great britaine might easily , and equally please both : otherwise as king deiotarus cut off all his children , saving one , because he would leave the kingdome but to one : so should english , swallowing up name of scottish , or scottish drowning name of english , prove such a vine , which to bring but one grape to ripenesse , is content that all branches be cut off , but one . but the question here is not , which of the branches should best prosper , but how all the branches may flourish , which abide in the vine : and verily the question carrieth in it selfe his answer . abide in the vine . this vine is but one , though of many branches , and much fruit . and thankes be given to god , that his majesty k. iames of blessed memory , by publique proclamation , divulged the inserting and fast grafting of each branch , and all fruit into his owne royall person , as into a fruitfull and flourishing vine , even into the head of the whole body , of how many soever parts consisting . wherein his highnesse laid the first stone , as he was the true and only foundation of happy union : and yet , as yet , like apelles fashioning only the exquisite and most excellent beauty of venus in the head , but i hope also , and will pray for perfection in the rest : that the saying may be true . rex velit honesta , nemo non eadem volet● and that an universall union may be as happy in successu , as it is most just by proclamation in inceptu . that the head going before , the whole body may follow after in imitation , to worke out perfection of the desired happy union . that it may be verified , quod diu parturivit tandem peperit ; and what god had in his providence long purposed , is fulfilled in these our happy daies . and that by no meanes that of the poet may be imputed to us , either by disobedience to our head , or disagreeing among our selves , human● capiti varias i●ducere formas ▪ grammarians doe observe , that metallum , is so called , quasi {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , that is , post , & {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , that is , aliud , because there is scarcely found no veine of mettall , where is not more of that sort adjoyning to it : so among english and scottish , they are not to bee thought of the true metalline mine , but as drosse , and canker , corrupting , and consuming each other , which joyne not in the universall name of great britaine , so to continue , and dwell together , to grow up and agree together : seeing nature hath made them all of one kinde , forme , complexion , habit , and language growing together . and verily divine is the mistery of union ( whether the provident wisdome of nature from god hath ingendred it , or the skill of mans reason hath observed it ) where one of , and in it selfe , doth out of it selfe poure forth innumerable formes of things ; as brittaine doth even two kingdomes , and the principality of wales , with many shires , rivers , islands , and people , and yet containeth them all within it selfe : one having many , many making one ; where one of many is not divided against it selfe , and the many in one make no division to overthrow the whole ; but all are the same ; whether we respect union , or division . and this doubtlesse is a divine power , or celestiall vertue , not only for our purpose , but compassing , and passing through the whole world , making things either simple , or conjunct , but one ; subsisting , by , and under the divine essence , which is one ; and consisting in all his members , and parts united , but one ; where each , and every part of this universall world , respecteth the whole , otherwise innumerable , but brought by union to a number , without number , even beginning of numbers , which is but one . and this is most agreeing to the conceit of wisest philosophers , skilfull in natures secret : teaching , all ( whatsoever is ) to be but one : and that in the universall nature of things there is an agreeing amity , and intermixed affinity , where all the parts of the whole world accord , by one transfused continuate spirit among them , being compact together with one and the self-same agreeing force , and forceable agreement of nature , proceeding from one beginning , continued by one meane , and referred to one end ; every particular being knit together with the whole universality and diversity of things , and wrapt up in one round orbe together , that as parts of this world , they may dwell in one center , or circle together . to shut up many things in few , and to shew how certainly all things are contained in one , and one doth comprehend all , verily in schooles of philosophers , it is an infallible maxime , that all things are communicated in one ; vnum hoc praeque omnibus unum . this one is all in all . ruunt autem omnia , ubi unitas non firmamentum , diffluunt , ubi non coagulum . the demonstration in our intended purpose , is plaine . many villages make one shire , many shires one kingdome , many kingdoms one imperiall monarchy : all which is britaine , and britaine all these ; and the kings majesty possessing , and governing britaine , possesseth , and governeth all these : and the subject , knowing britaine , knoweth all , and every of these ; for all these are one , and this one is all these . that as this excellent workmanship of vnion sheweth it selfe in the mighty masse , and fabricke of the whole world , so much more particularly , and plainly doth it appeare in a modell of the same , even in the name , and honour of great britaine ; where every subject ought clearely to see in himselfe , that though hee be termed the little world , and compact of infinite variety , and multiplicity of things , yet is he not two , but one man . here let the neare neighbourhood , and conjunction of man , and man , in mutuall society , and participation of profits , which man hath with man ( where two friends are but one , and not parting meum , and tuum ) confesse ; that though they are in person two , yet indeed doe , with idem velle , and idem nolle , enjoy the fruition of heaven , with the same aspect , and the commodities of the earth , with the same minde ; where all things are common to both , and yet proper to each one . all which things are alleadged to shew that as every kingdome , and state of the world is upheld with one and the self-same power and life , wherewith the universall world consisteth ; so now it concerneth all , and every one subject , both of england , and scotland , to participate in the common obedience , transfused into all , under the government of one . where sacred unity is guide , and director , there , even from distinct nature , use of mutuall society , and good of weale publique , many are knit together inseparably ; and great , and infinite numbers of all sorts of people , are contained in one narrow compasse of neere conjunction ; for so the most populous and powerfull kingdomes , though two , or moe , under one soveraigne , seeme to bee , but as one whole body , and the whole body of weale publique in subjection , and obedience , but as one man : sic enim omnes aequo jure parent omnibus imperaturo . and as in all things , so specially in this , are we bound to render all praise , and thanksgiving to that thrice sacred vnity , from whom , as from the first author , and fountaine , is sowen abroad in the world , that fruitfull seed of constant unity ; whose force draweth many of one houshold to be of one minde , and is ever doing good , in its owne nature , keeping israel together , like a flock of sheep . neither is it an hard matter to unite , and keep them together , who live under the same climate of heaven , and are of like language , manners , countenance , lawes , customes , forme of body , fashion of behaviour , yea , and religion : à religando · rightly called the chiefest band of hearty union . for though the island salamis be controverted between the athenians , and megarenses , yet must it be adjudged to the athenians , because they lived after the same fashion and lawes ; as now the skilfull in the lawes of this land easily acknowledge what congruity and affinity is between most of the ancient lawes of both our kingdomes , more then is to be found between those of any other two nations . and albeit the towne sidas bee controverted between the athenians , and boetians , yet epaminondas will adjudge it , to the boetians and not to the athenians , because the athenians called an apple malum punicum , but the boetians called it sidas . there is between english , and scottish small , or no difference , nay now none at all , in union all being britaines , not so much as between gileadites and ephraimites in pronouncing shibboleth , for sibboleth , but all are of one language , and even of one canaan language , only a little river twede is common limit , or rather imaginary bound to both : and all from twede southward , is britaine within twede , and all from twede northward , is britaine beyond twede , yet both on this side , and that all but one britaine ( non nos mare separat ingens , exiqua prohibemur aqua ) as all france hath formerly been divided into two parts , the one beyond the alps , the other within the alps : and all india westward within the river gange , and eastward beyond gange . and all scithia within imaus , and without imaus . and though the island hath beene long time divided into two kingdomes , yet england it selfe hath oft times of divers been called britaine , as by a sirname : and if pars pro toto , might have that denomination , much more ought the whole , being now made one . therefore linacre and grocinus of the one part called themselves britaines , and iohannes major of the other , affirmed that the kings of england , and scotland wanted good councell to advise them to marry together , so to make of both one kingdome of britaine : and that only envious men , and they who neglected the weale publique , did hinder this union of peace . which thing king henry the seventh , and king henry the eigth , wisely foresaw , seeking by marriage to unite both kingdomes into one . discordantis saepe patriae non aliud est remedium , quam si ab uno regeretur . therefore the wise men have most religiously observed two beginnings of things ; one of evill , divisible , imperfect , manifold , called duallity , or binarius numerus . another of good , indivisible , perfect , and in name and nature , alwaies one , called unitas . if duallity , or binarius , as cause efficient beare sway , then in the aire breed intemperature ; if in cities , families , or kingdomes , wars , and discord ; if in the body diseases ; if in the minde of men , vice , and wickednesse . but where union possesseth chiefe place , her fruits are , to the aire wholsome temper ; to cities , families , and kingdomes , mutuall love , and joy ; to the body health and strength ; and to the mind , vertue , & godlines . for unity admitteth no duality , knoweth no contrariety , and by consequence no● infirmity . but duallity seduced adam in disobedience , seeking to know , as well evill , as good ; who before , was sole monarch of the whole earth , and was wholly good , and perfect , both in body , and soule , untill he drew with a double twisted cord of contrarieties unto his body , in stead of health , sicknesse , and infirmities ; and unto his soul , in stead of righteousnesse , sin , and misery ; needing now to strengthen his body , bread ; and to repaire his soule , grace ; even for body , and soule gods mercy . for so he turned the monarchy of perfect good , into a monomachy , or duellum of good , and evill , sinne , and righteousnesse , peace , and war , joy , and sorrow , sicknesse , and health , yea life , and death . and now when the sole monarch of the whole earth , left off to abide in the common obedience , and universall union of all things to his creator ( albeit all the creatures were before in voluntary subjection , united also to their sole monarch adam on earth ) yet now every creature lifteth up himselfe against his sole earthly soveraigne , and against his succession for ever . the earth will not yeeld adam bread , but by the sweat of his browes ; the beasts become wilde , and cruell ; yea the earth openeth her mouth against the succession of disobedient adam , and swalloweth up corah , dathan , and abiram ; the waters drowne the whole world , except eight persons ; the poore flie can , and doth sometimes choake a man , having before neither power , nor will to doe it ; lice can devoure and eate up herod ; even the vilest , and weakest creatures , can , and often do destroy the greatest tyrants of the earth . and in the opinion of some , the holy ghost seemeth in mystery to open this matter to a man of understanding , forbearing in the second daies worke , to say , all was good ; as is plainely said of all the other five daies , and he saw all things good ; not but that the worke of this day , was also good , ( for all his works , are , and were exceeding good ) but because of waters , which in many places of the scripture signifie troubles , yea intollerable afflictions , and because of division of waters in that daies worke ( god being a god , not of division , but of peace ) therefore the holy ghost seemeth to forbeare to say in that place , and it was good ▪ and yet would not these bee mistaken in their curiosity , as if they included the division of waters in that dayes worke , not to be good , ( seeing that waters in the clouds divided from the seas , are upholden by gods providence , not to poure downe and overwhelme the earth ) for they approve divisions of constructions to be good , as the dividing the light from darknesse , the day from night , and of whatsoever into parts , for ornament , and beauty of the forme divided ; but utterly condemne divisions of destructions , or of distractions , which is , frangere non dividere , comminuere non distinguere , to part the body from the head , or the members from the body , to bring order to confusion , unity to distraction , forme to a chaos , and e●s to privation , such division was that , whereof caselius answered the merchant : navem si dividis , nec tu , nec socius habebit and such division the unnaturall harlot entended ; requiring the living childe to be cut into two parts , ( kings . ) let it be neither mine nor thine , but divide it . where two , or three are made one , there is the image of god , of truth , of peace , of fortitude , of praise , and of perfection : but where one is drawne , divided , and torne asunder , there breaketh forth falshood , warre , feare , dishonour , and confusion . they which are of god , embrace the one , and they which are of the devill , the other . for god both in the center , and circumference of truth , is in simplicity , and perfection , one ▪ but the devill , neither dwelling in this center , nor sitting in this circle , is carried in duallity , nay contrari●ety of numbers , opposing evill against good , whose center being falshood , the circumference cannot bee truth : his is a kingdome divided , and must fall , being not a monarchy it cannot stand . and yet we reject not the number of two , so they continue , and persist in union , as it is written ; they shall be two in one flesh : but reprobate is that duallity , that maketh war in peace , begetting , and ingendring division , and contrariety , controversie , and confusion : and either of ambition , senslesness , hatred , quarrell , open discord , or rebellion , hindreth that sweet harmony of union , most pleasing to god , & most profitable for men , of whom saith tacitus , in publicum exitiosi , nihil spei , nisi per discordias habent , tamen libertas , & praeciosa nomina praetexuntur . but doe we not see by this unfolding of things , how the perpetuall course of truth , and unity , throughout all in the world , doth even now conduct , and lead me , by the hand , to the matter now in hand ? and verily i will follow thee ( sacred union ) whither soever thou leadest me , and into , whatsoever region of vertue thou intendest ; i will not leave thee , being never unlike thy selfe , alwaies well accompanied , adorned , and beautified with diversity of things , and never alone , and yet still but one . it is thy doing , that prudence , the chiefe head and governour of vertues , the rule and direction of all well doings , and prescribing to every vertuous action , the manner , order , and course , of doing well , doth so knit , and joyne together all morall vertues , as that by thy secret influence they all may be found joyntly in all wise subjects , and in every one particularly with one heart to performe that duty , which both yeeldeth right to the king , and maintaineth peace , and love among men . siquidem communis vitae societas , in unione consistit . and seeing it hath pleased his majesty king iames , by publique proclamation to assume the name and stile of king of great britaine , jure haereditario , it is meet that all loving subjects not only acknowledge the clearenesse of his right , but joyfully applaud , and chearfully follow him herein , now in our gracious k. charles his reign ; lest murmuring , they , like evill , and base minded souldiers , follow their emperour with an evill will , according to that saying , malus miles imperatorem sequitur gemens . we see some noble men , yea , and the gentlemen in our state daily to purchase , and unite land to land , and lordship upon lordship , and to seek by all meanes to shake off the tenure in capite , and to hold all their lands in some other more free tenure . and it cannot be denyed , that to all their severall courts , all tenants and freeholders willingly performe their severall services ; or else are fined by the lord of the mannor , or by his steward . and may the inferiour lord expect more homage , from a tenant , then a king require , both of lords , and tenants , all subjects to him , and holding all they have , from , by , and under him ? pacis interest omnem potestatem ad unum referri . but all gain-sayers and murmurers , qui contumaciam potius cum pernicie , quam ●bsequium cum securitate malunt , are not unlike mesech , and kedar , spoken of in the psalme , in respect of whom the good king complained to god , and to himselfe , saying : woe that i dwell with mesech and kedar : i labour for peace , and they prepare them to battell , i study union , and they strive to make division . non placeo concordiae author , said that good valerius . but alas , why should ephraim beare evill will to iuda , or iuda vexe ephraim , fratres enim sumus : should not they rather both together united now into the name of britaines , as into the name of the beloved israel of god , ( esay . ) flee upon the shoulders of the philistines , and make spoile of their enemies , so that the idumites , moabites , and ammonites , even all their enemies might be subdued unto them : duo enim sunt , quibus omnis respub : servatur , in hostes fortitudo & domi concordia . and verily the uniting the two kingdomes into the name of britaine , is not unlike ( esay ) that chariot , drawne with two horsemen , mentioned in esay ; at sight whereof , the watchman cryed , babilon is fallen , babilon is fallen , and all the images of her gods are smitten downe to the ground . for so ( except we will smother the childe of vnion in his first birth , ) both english , and scottish , will soone heare him sound aloude into the whole world , that all great britaine is like ierusalem , which is , as a city , at unity within it selfe ; and babilon , even division , disorder , discord , and confusion are confounded , and overthrowne ; and what king egbert did write in sand , king iames of blessed memory , and our gracious king charles hath blotted out , and troden under foot all the dishonour thereof , and engraven , as in a marble stone , the perpetuall honour of great britaine by royall restitution ? this verily commeth of the lord of hosts , which worketh with wonderfull wisdome , and bringeth excellent things to passe . alexander asked king porus his captive , how hee would be entertained ; and porus answered , like a king ; alexander demandeth againe ; porus answereth againe , in kingly manner . alexander asketh what else , porus answereth nothing else for in this kingly maner , every thing else , is contained . and though ( god be praised for it ) the cause be not between english , and scottish in conquest , and captivity , as between alexander , and porus , ( but two famous kingdomes in right of blood , under one mighty monarch ) yet our great alexander in his high wisdome considering how these two might best be governed , hath in his owne royall heart best resolved it , namely by uniting them into one monarchy , into one government , and into one name ; and if any demand , how else , verily he must be answered no way else , for in this union whatsoever else is contained , nam in istoc sunt omnia even , the stoickes , ( who i think neither were in jest , nor arrogantly conceited ) contained under prudence , both justice , and fortitude , and temperance , and whatsoever vertue else , accounting also him who was perfectly wise , an orator , a poet , a rich man , a very king , and an emperour . all blessings , and graces , may be thought attendants , and companions to union , who alone knoweth how to order all things in government : and is a princely commander of subjects obedience , and subduer of gain-sayers , ordering unruly affections , bridling untamed lusts , restraining swelling pride , composing rebellious appetites , determining all doubts , and rights , within the compasse of her judgement , and yet giving to every one his due , by her discretion : and therefore is like the sun in the middest of heaven , among the stars ; and as the stars take light of the sun , so also blessings of weale publique proceed from this sacred , and thrice happy union into the name of great britaine , whose glorious light shineth to all , and every one hath comfort thereby . it is also not unlike the soul in the body of man ; for in the whole common weale , it is wholly , and in every part thereof , whether it be of english , or scottish intire . tota in toto , & tota in qualibet parte . as a shining light , it sheweth a way for common good , and as a reasonable soule , giveth understanding to the blindest body , to see the full fruition of all worldly happinesse : let no man shut his eyes against the sunne , nor refuse a living soule for his carcasse . if i could express the image of this union in lively colors , i would surely make her a goddess , faire & beautifull , having a garland , and crown of all blessings upon her head , and sitting in a chaire of state , with all good fortunes , vertues and graces attending her , and as a goddesse in triumphant chariot going into the capitol , or temple of mighty iupiter : where also the poets have found her , but called by another name , even pallas , who is also named monas , that is , vnity : because having one only parent , she resideth in iupiters braine , even in the chiefe seat of his wisdome ; where all the muses are her companions , so called musae , quasi {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , that is altogether in one ; where all the graces goe hand in hand , congratulating to vnion their mutuall society ; where all vertue , and knowledge are neare of affinity , but iustice , and government of consanguinity to her , her selfe still holding primacy over all ; as england , and scotland , are chearefully looking one towards the other in the name of great britaine , and as the two cherubins did looke one towards , the other , in one propitiatory . and thy royall state o great britaine is as the anointed cherub . ezek. . and as in the heart of man is placed fortitude , in his liver temperance , and in his minde iustice , and yet all these , with all other vertues are annexed to prudence , the common ligament of all ; so is great britaine , by uniting all his kingdomes , principalities , countries , and honours the compleat proportioned forme of all , and all in it both universally and particularly , are fashioned and made fit on every side for happy conjunction and mutuall correspondence . for this renowned name of great britaine standeth in stead of a loadstone drawing all into one , chaining them together with links of love ; as lisippus made an image of foure mettals mixed together , gold , silver , brasse , and iron ; expressing hereby absolute perfection of vertue , putting in gold , to signifie prudence ; silver , iustice ; brasse , fortitude ; and iron , temperance : whereof they are altogether ignorant , as if they had never seene vertue , so much as painted , who , to overthrow union in the name of great britain , bring no union of vertues , even excellencies of many countries , to this so excellent worke . but skilfull zeuxes going about to depaint an absolute worke of a perfect virgin , took not only view of one womans beauty , but had variety of many the fairest , to accomplish out of all these a more excellent , and consummate forme of body . shall we not thinke the kingdome of france , containing pickardy , normandy , the isle of france , champaigne , averne , dalpheny , bry , bloys , turin , the dutchy of an●ow , xanto●n , burgundy , and uniting ●o it little britaine , to be more glorious in all these , being made one , then if but one only of all these were that kingdome ? doe we not see that the enlarging of the dominions of spaine , in uniting , and establishing divers kingdomes , and territories , as those of aragons , castile , and that of portugal with others , hath so enlarged that kingdome , as that the like hath not befallen other christian potentates ? hath not the king of denmarke , beside the cimbrian chersonese ( where holsatia , theutomartia , the dukedome of sletia , flensburgh , friesland , and iuthland doe lie ) other spacious islands , fifteen in number , all comprehended under the name denmarke , and united to that crowne ? did not iagello , taking to wife in the yeare , . the princesse hedingee the last of the blood royall of polonia , after he was enstalled king there , unite all his owne principalities of lithuania , and samotgathia provinces of russia , to the kingdome and crowne of poland ? did not ahasuerus ( esther . ) raigne from india to ethiopia , over an hundred twenty and seven divers provinces ? and was not he so mighty ( by reason of this variety , subjected , and united to his sole government ) that he was , an hundreth and fourescore daies shewing the riches and glory of his greatnesse , to all his princes , and to the mighty men of persia , and media ? but to take example of one only rome for all . how hath it been renowned through the whole world , by joyning all nations of the world into one , even to it selfe ? herehence it was called terrarum dea gentiumque roma , communis patria , mund● compendium . as propertius . omnia romanae cedant miracula terrae , natura hic posuit quicquid in orbe fuit . but the majesty of this empire grew so great by adjoyning other nations , and bringing them all into one : haec est , in gremium quae victos sola recepit , humanumque genus communi nomine fovit matris non dominae ritu , civesque ●ocavit . quo● domini , nexuque pr● longinqua revinxit . and againe , fecisti patri em diversis gentibus unam , dumque offers victis proprii consortia juris , vrbem fecisti quod prius orbis erat . and so may we say of this renowned name of great britaine comprehending us all of divers nations in one , under our gracious king . hujus pacificis debemus moribus omnes , quod cunctigens una sumus . i could set forth , and confirme by sundry examples , this uniting of many into one , and thereby shew , that the enlarging of dominion consisteth in uniting all together into one name , and establishing divers territories under one soveraignty , and government ; and that the greater states , and imperiall powers of larger extent and far spreading domination are the more durable ; and that the monarchy of great britaine is like to bee hereafter of more durance , strength , and honor as partly ( comming under our kings government without conquest or constraint : nam errat longe mea qui dem sententia , qui credat imperium stabilius aut firmius quod vi● adjungitur quam quod facilitate & clementia ) so now especially it being united in the whole , then heretofore divided in parts ; his contexture being of a greater frame than before , holding by more then one naile , an● upholding its owne greatnesse : even as great build●ings endure and subsist by their owne weight , as the poet speaketh , pondere t● suo est . but i thinke it here as needfull to lay open the great fault , imputed to con●stantine , dividing the em●pire among his children whereby of one empire , he made three , and withall a memorable diminution of of his authority , and forces : which part brutus also played , dividing this whole empire of great britain among his three sons : of which , though two parts afterward , namely england , & wales , were againe in good time united : yet scotland stood till now , divided from the rest , and the rest from it , till god in speciall goodnesse restored to former name , and government , all into one againe : for which kings iames may challenge more glory by uniting all into one , then brutus or constantine dividing it from one ; and though constantine the great , was counted the glory of britaine as being borne and made emperour here : yet may that commendation better fit king iames than constantine : tu nobiles fecisti britanias , quod illic ort● factusque es imperator . the platan tree hath many goodly branches , and boughes , and leaves in one body : and therefore xerxes in herodotus , crowned him with a golden garland ▪ doubtlesse there is a deserved glorious garland due to the name of great britaine , bringing forth many goodly boughes , and branches , like to the faire , and well spread platan tree ; or rather for the height of his honour , like the ●all , and goodly cedar , in whom , the dreame of nebuchodonosor hath been verified : for he saw a tree in the middest of the earth , great , and strong , whose height reached unto the heaven , and the sight thereof to the end of the earth : whose leaves were faire , and the fruit thereof much : dan. . in which was meat for all , yea the beasts of the field had shadow under it , the fowles of the aire dwell in the boughes thereof , and all flesh fed of it . but nebuchodonosor heard also a watch crying out mightily , hew downe this tree , breake off his branches , shake off his leaves , scatter his fruit , that both beasts , and fowles may be put from him : neverthelesse leave the stump of his rootes still in the earth . so was the ancient honour , and glory of great britaine ; great , and mighty , high to heaven , faire , and fruitfull , and of power over the whole land from one end to the other : but the highest , who hath power over all , did ( for the sin of the inhabitants ) hew downe this goodly tree ; yet left the stumpe of the rootes in the earth . and out of it the tree is growne up againe to former beauty , that we might learn to magnifie the k. of heaven , as did nebuchadnesar restored to the honor of his kingdome , to his glory , and beauty againe , to his counsellors , and princes , and to the establishment of his throne with augmented glory . and here let us now consecrate to all eternity the ancient name of famous great britaine , as a pantheon of all blessings in peace , prosperity , and honour : for as pantheon was a temple at rome , round , and like to the capacitie of heaven , wherein were put all the images of their gods . so i say , in the name and stile of great britaine , as in a pantheon , are placed all worldly blessings , like stars shining from heaven , and having their influence into the whole body of common weale , even perfection of beauty in sion . superstitious antiquity framed false gods , one indued with this vertue , and another with that : this a wise , that a warlike , and another a just god : yea , for so many vertues , they framed so many goddesses , where one temple might not be consecrated to two goddesses , but distinct vertues must be worshipped with distinct worship . so as marcellus dedicating one and the same temple to honour , and vertue , was thought to offend against religion . but our happy , and better instructed age , reducing all to one , truly to worship one true , and only god ; so in civill things , and government , it offereth only one above and for all , that whatsoever is separate , and distracted from it , may bee counted , as anathema , excommunicate , divorced , or as a barren handmaid to bee sold to the vsurer , unprofitable , imperfect , or as it were , not at all . and now , as union into the name of great britaine , is like a pantheon , and bringeth manifold abundant blessings meeting together , and concurring in one , so let us account our selves most blessed in our soveraigne unitor king iames , in whose royall and princely successor , our gracious k. charles , and his noble progeny , is laid up all our obedience , and dwelleth all our happinesse ; even as that worthy scipio , is said therefore to be borne , that there might be one , in whom all vertue should shew it selfe effectually , and absolutely perfect : hic est scipio , quem dii immortales nasci voluerunt , ut esset in quo se virtus per omnes numeros efficaciter ostenderet . this is the voice of truth it selfe ; england and scotland are so naturally united in the name of great britain , that the one nearely allyed to the other , can no longer bee an alien , or stranger one to the other , except it may bee said , that , quia meus est , non est meus , ipsaque damno est mihi proximitas . so this naturall conjunction should bee no union , because it is both naturall in the soile , and reall in the subject . but albeit the romanes put into the temple called pantheon that precious gem named vnio , divided and cut in two , yet we with all our goods and geare , ought willingly be borne into the bosome of great britaine , quae fundit in omnes imperium , not distributing union into parts , but knitting up all parts into one , as cicero's oratour all sciences , and aristotles good man all vertues , as cato was counted like perfect in all vertues , or as the divine plato sealed up in man , the lesser world , whatsoever vertue was in the whole world , or rather as eden the plentifull garden of god sealing up the summe of all perfection and glory , ezek. . was freight and deckt with all manner of precious stones , the ruby , the tapaze , and the diamond , the chrysolice , the onix , and the iasper , the saphir , the emerande , and the carbuncle , and gold . even now may it be said of this universall name of britaine , as it was said of rome . imperii virtutumque omnium lar , and virtutum omnium latissimum templum . in ancient time it was counted ominous , if a stone fell , or a dog came among brethren . and socrates was wont to curse those , who by self-conceits , and head-strong opinion attempted to set asunder those things which nature coupled together . and now if any factious tribune of the people interpose himselfe to divide us , and to disturbe the peace of israel , thinking there is good fishing in troubled waters , and that the honours , and benefits they hunt after , are attained in perturbata republica : whereof they utterly despaire in a peaceable state , quia in concordia ordinum nullos se usquam esse vident : verily such are not unlike medea , who so dispersed her brothers limmes , that they could not be gathered againe : cujus etiam vultu laeditu pietas : as the mariners at sea well observe in the two stars castor , and pollux , that if one without the other appeare , they foresee a troubled sea : but peaceable , and quiet without storme , and without danger in the sight of both together . the principality of wales shall witnesse this truth , which never received any thing any more beneficiall for the people there , then uniting that countrey to the crown & kingdome of england . for whilest it was alone without his brother , it was subject to storme , full of contentions , war , and shedding of blood , but joyned with his brother , it florished with peace , and at this day is blessed in the uniformity of government there established . and in mine opinion , it is well observed in the chronicle of wales , how god was not pleased with the first change of the name of britaine into the name of england ; for presently followed the terrible and cruell invasion of the danes , and after that the conquest of the normans . but memorable is it , that the britaines ruled all the whole isle together , with the out isles of wight , men , in english anglisee , manaw , in english man , orkney , and ewyst , . yeares before christ , and after the yeare of his incarnation . even to the death of cadwallader , the last king of britaines , and of the noble race of trojans . which when in succeeding age many mighty and famous kings of england , considered , they laboured by all meanes to recover and resume the name and stile of kings of great britaine , acccounting it dishonorable , to leese any jot of the honour of their most princely progenitors . and therefore k. knute , king of england , mighty in his dominions of swethen , from germany to the north poles , with norway and denmarke , having obtained prosperous success in warring against scotland , is recorded after his death , the mightiest prince in the west parts of the world , and of all the noble isle of britaine . and so william the conqueror , for the good successe he likewise had in scotland , is recorded king of all britaine ; and henry the second , surnamed curtmantle , is also for like successe , recorded king of all britaine . and if they be renowned and honoured with name and stile of britaine , which by rightfull descent or by conquest , were inheritours but to one part only , though by their fortunes in war , they also claimed the other ; what rightfull title must we then acknowledge , most justly now to belong to his most excellent majesty , in the imperiall crowne of both , who by lineall descent inheriteth both . here i wish i had as many eyes as argos , to looke into their devises , who seeke to divide england from scotland , and scotland from england , renouncing the name of great britaine , lest joyned in one , they might as the forenamed stars , appeare together , shine together , and bring joy together . i would then not spare to lay open , ( as cneius flavius did reveal to the world the tricks and misteries of lawyers of that time , and therefore was said to put out their eyes , and to cut their purses ) how also these adamants hinder the naturall power , and vertue of the load-stone : whom i call adamants , aswell for repugnant qualities , as that they be truly adamants , even sons of adam , practising rather in disobedience , dissention , and ruine of all , to lay hands upon that is forbidden , then to draw the iron , nay golden chaine of linkes of love , in obedience to the king , and for common peace , and preservation of men . but herein such imitate the devise of q. fabius labeo , seeking to have the ship of common weale divided in parts ; as when by compact of league with antiochus he ought to receive halfe part of antiochus ships , cut them all in the middest , craftily , so to defraud antiochus of his whole navy : or else imitate they cyrus , dividing great rivers into many little brookes , till they be not only passable , but even dryed up : for so these seek to stay the maine and mighty streame of great britaine by dividing it , and in dividing , to make it of sundry kindes , unlike it selfe . such dividing into parts , is disjoyning of the parts , by disjoyning , dismembring , and by dismembring , spoiling , making the stone scyros , which whole and firmely compacted , doth swim and floate above the waters , to sinke , and be drowned , because it is divided . but our two famous kingdomes with all their provinces , shires , and countries united into the name of great britaine , are like the goodly and pleasant river danubius , which passing by many countries keepeth his name , till it enter into illiricum : where receiving into it sixty other rivers of divers other names , leeseth not only his owne and all their other names of parts , but is called ister , one for all containing all . here i require both of english and scottish , is either of them now , as a people disjoynted one from the other ? or as sand without lime ? or scattered straw without binding ? or as sampsons foxes running divers and contrary waies , with fire brands of dissention among them ? nay here in the glory of great britaine is renowned , that king iames , with our gracious king charles , and his royall issue doe gather together that , which was scattered , and unite that , which was divided , and restore that which was lost , and save that which was endangered even by this meanes , uniting all in one name of britaine , as it was said of rome , uniting so many countries into it selfe , all parts which disagreed heretofore are now well agreeing . hereupon rome was said to be anchora fluctuanti mundo : and as he saith in tacitus , regna bellaque per gallias semper fuere donec in nostrum jus concederetis . so happily doth this universall conjunction of all under one head , take away all discord , and maintaine conjunction of love for everlasting continuance . only they which will be alone , and not contained under one name of great britaine , are not bound up with the sheaves , nor carried home into the barne , and therefore are like gleanings after harvest , left behinde in the field , subject to storme , they come not two and two into this arke , and whatsoever remaineth alone , extra arcam , perit . such are not unlike that captaine , whom xerxes rewarded with a garland , for escaping alive , when all other souldiers were slaine , and yet because he came alone without the rest , he hanged him : and as the the athenians in the warre with the aeginetae , when one returned , without his fellowes , ranne upon him , and killed him , asking where were the rest ? and what can such ( i pray you ) as separate themselves from the happy union of all britaines answer for themselves , if they be called to account ? can any be english , and not scottish , can any be scottish , and not english ? let that outcry against the romans be ingeminated against such , saying : quintilius varus , restore us our legions , where are our souldiers , what is become of them ? where are the english , where are the scottish , let all restore themselves , and each one the other to the name of britaines . and so i say to all , and every one of both nations , cedo alterum , ( for i feare lest this name cedo alterum , mentioned in taci●us , be in scarely found among many : ) but i call aloud where art thou , cedo alterum , give us thy selfe , bring in thy friend , yea , yet another , and another , bee not wanting to the weale publique ; una navis bonorum omnium , all good subjects are contained in one ship of common weal , numerū non habet illa suū , one is not perfit without the other : for britaines subject ought maintaine mutuall society for common good . as for others disclaiming us , and disjoyning themselves , only i wish they may all be of the same consort , and society with us , for , victrix causa dii placuit , though , victa catoni . and albeit many great , and mighty potentates on earth make a great shew of copia verborum , by copious recitall of many provinces , and kingdomes ; as if his majesty should entitle himselfe by all the severall shires under his dominions , and not by one honourable title of great britaine comprehending all : to shew how this misliked some , it is recorded when the emperours embassador comming to the french king rehearsed the emperours stile at large , which consisted of many dominions and names of countries ; the french king willed his herauld to repeate and say over the name of france as many times as the other had rehearsed the severall titles of his masters dominions : intimating that one name of france well compacted and united of many particulars into one generall name , was better then divers particular names of many countries . and when quintius flaminius heard how his army was terrified , at the recitall of many his enemies forces , of their diversity of names , of countries , of armour , and of multitudes , dahae , medi , cadusij , elemei , cataphracti , &c. spearemen , horsemen footmen , archers , &c. oh saith he , what a doe is here , with numbers , and diversity of numbers ? all these are but onely syrians , and make a great shew , like that great supper , which mine hoast at chalcis dressed for me , and for my followers , with much variety , and marvell at the diversity of the dishes , and yet all was but one flesh , though of so many divers dressings . the river peneus may better serve for instance : it divideth it selfe , and floweth into divers rivers , and every one of these rivers in his division , hath a proper name to himself , one after this name , and another after that : but all these meeting in one , and becomming againe one great , and mighty river , doe now lose the particular names , which they held being divided , and are called by one generall name , as before , namely , peneus . non sunt multiplicanda entia sine necessitate . it is not reasonable that brethren from one parent , should be divided in one house , though they be severed in distinct place : but be as fingers to one hand , knit together by common joynts for mutuall offices : even as the brethren molionides , are poetically imagined to have but one body : or rather the three cerions , to have many bodies , but one soule , and one minde ; not unlike to that of pithagoras , vt unum ex pluribus fiat , many in name , but one in deed . and as when piso was commended to posterity for frugality , i doubt not , but he was wise withall ; and as when lelius was renowned for wisdome , i doubt not but he was just withall : and metellus for piety , i doubt not but hee was temperate withall : and aristides for justice , i doubt not but he was valiant withall : yet i know that the denomination is ever but of one , though it containe things two , and moe : as the temple consecrated to two brethren castor and pollux , was named only castors temple : and the munificency of two consuls , caesar , and bibulus , was called only caesars munificency : and even many imaginary shewes , and shadowes have seemed compleate , in deciphering one thing only : yea the very images of excellent men have been patternes , and resemblances of many consummate vertues in one : as plutarchs alexander , xenophons cyrus , homers vlysses , virgils aeneas , and lucians imagines , instead of all . and as there is a common idea , and infolded notion of all things in the minde of man , so the other viewing the whole race and tract of things in the world , doth tell us , that as many peculiar excellent properties , may be , and are in one man , and hee over them , as sole monarch over all the diversities of worthiest vertues ; so a king under his imperiall power hath to him subjected many shires , states , cities , honors , provinces , and kingdomes , himself being sole soveraign and lord over all . therefore though magnanimity onely , was attributed to cyrus , only modesty to agesilaus , onely wisdome to themistocles , skill to philip , and boldnesse to brasidas : yet alexander , as plutarch reporteth , was furnished , and full-fraight with all these . and quintus metellus is reported to attaine and possesse together , ten of the chiefest , & greatest things that ever he desir'd ( as if he had at once ten provinces under his command ) and was known a mighty warrier a sweet orator , a great commander , to prosper in his greatest affaires , to be in greatest honour , of great wisdome , a chiefe senator , plentifull in children , rich of substance , and most renowned in the city . so copiously hath one man been stored with plentifull variety of manifold graces , all these at once dwelling in him , and he well ordering them ; even as one free , and absolute monarch may , and doth rule many mighty and divers nations , knit in one by obedience , and love among themselves , and by law , and justice from the king , who by his lawes speaketh alike to all , is heard of all , and understood of all : una , eademque communi voce . i confesse the name of great britaine hath beene long time eclipsed , or rather like those voices , which antiphon said were kept close , and frozen up in the winter , untill the heate of summers shining sun resolved the frozen , and fast bound aire , that they might bee againe disclosed . comfortable is the warmth of this blessing , in the sun-shining daies of our soveraign lords king iames , & king charles ; wherein not only cloudes are scattered , but the renowned name of great britain breaks forth as a gladsome voyce from frozened aire , & comes forth , as a bridegroome out of his chamber , long time before lockt up like a prisoner . doubtlesse this is our yeare of jubile , a yeere of delivering the captive , of making the bond free , and of joy , even in sort , and true sense to us , annus platonicus , wherein things are come about againe to be as they were , ( iure postliminij ) to recover our selves , and be restored to name and fame of great and glorious britaine , long divided into two kingdomes , but now most happily , and joyfully subjected , and reunited in all the government therof unto one onely soveraigne , most wise and most religious governour of the same . deus haec benigna restituit in sedem vice . doubtlesse this is the lords doing , and it is marvellous in our eyes , this is the day that the lord hath made for us to rejoyce , and be glad therein . for as it is said , we owe to god our selves , for creating us when wee were not ; and more than our selves ; for re-creating , and restoring us , when wee were lost : so ought all good subjects thinke the dayes more happy , and joyfull , in which they are now , as it were new borne , then those , in which they were first borne , as is well said ; non minus illustres , a que jucundi sunt illi dies , quibus conservamur , quàm quibus nascimur . happy art thou , ô israel , ô people saved by the lord , who is like unto thee ? thou wert lost , and art found , bond , and art free , eclipsed , and art glorious , dead , and art alive , thy name forgotten , and behold , it resoundeth even among hard rocks , and in the hollownesse of mountaines ; thy beauty withered , and behold thy vallies stand thick , replenished , and adorned , with fairest varieties of all good ; thy yeares forgotten , thy feathers plucked , and thy strength weakned , and behold thou waxest young , and lusty like the eagle ; yea thine honour , the honour of thine ancient name ruined like an old house , but behold it is now repaired , and called after his owne , and old name ; even as deliaca navis , torne , and taken in pieces , was renewed , and built againe to his most ancient forme , and called still deliaca navis . sic rerum summa novatur . and albeit worldly kingdomes and civill states seem subject to alteration , and doe carry in their outward appearance , faces sometime shining , and glorious as the sun , and sometime defaced , darkned , and deformed , conquering , and conquered , triumphing , and enthralled ; yet the common weale it selfe like the ship before mentioned , ruinated and repaired , is still the same ; euen as the sunne , though eclipsed , is still the same ; and a river sometime shallow , sometime deepe , still the same ; and a man now sick , now in health , still the same . respublica enim semper ut civitas , est contigua , unâ , perpetuâque serie compacta , and though admit it mutation , as our state did long time , ever since the first division , till this blessed day ; yet britains common weale , was but sick for a season , till health returned into the whole body , by the glory of the head . so as now the first and ancient common weale of great britaine is againe conformed to his prime estate , sound , the same , and like it selfe ; and is likely so to continue and flourish , so long as it retaineth the common band of community , and individuall knot of unity . as socrates is said , as long as he is socrates , to bee one & the same . whether in childhood , or manhood , in in fancy , or in age , the same socrates . but heraclitus denied , because of the odaine change of men and things , that one man could goe into the same river twice : and ill debtors borrowing mony heretofore , refuse payment , because they thinke themselves not the same men , and plead the day is past , and cannot be againe ; deluding with that saying : ego non sum ego : hodie & heri . but such conclusions or rather collusions are simple rusticall follies ; as he saith , rusticus expectat dum defluat amnis , at ille labitur & labetur in omne volubilis aevum . for howsoever times alter , yet truth ever sheweth it selfe ; as the river lycus , running along under the earth for a long space , breaketh forth againe , and as is said , alioque renascitur orbe . the sleepers in sardos , when they awaked , thought they had passed no time : but we shall be more drowsie , and sottish then they , if now rowsed from our long sleep , wherein the honorable name of great britaine was forgotten , we now not open our eyes to acknowledge the happinesse of these our dayes : wherein our hearts may leap for joy , to see that two of our most gracious kings , as fathers of peace , and procreators , protectors , and perfitors of subjects joy , sit in royall seat of great britaines most ancient , and most absolute monarchy : whereby our strength , peace , wealth , and honour is the more increased , in that our soveraigne is the more universally obeyed , and we are doubtlesse hereby more blessed , then all our fore-fathers : of whom we say , as demaratus the corinthian said , that all dead grecians are , deprived of great joy , in that they lived not to see alexander in darius chaire . but comfortably spake he in the comedy : gaudeo , cum video hujus generis reliquias ; and how joyfull is it for us to acknowledge one another britaines , as it was for them brethren in the comedy which after so long time came to knowledge one of another : yea now for us to know one another to bee britaines by all signes and tokens , non naevo aliquo aut crepundiis , sed corpore omni . and though he may bee pittied , which sitteth alone mourning , and crying : nec mihi eognatus quisquam fuit isto nome : yet may both english , and scottish rejoyce , because neither sister is a widow , but all their legitimate children are now of one name , and one blood , become , and borne againe britaines , as it were by a pithagoricall palingenesia , even twice britaines , as hippolitus was called virbius , because he lived againe ; and was twice the same man . aeson miratur ; & olim ante quater denos hunc se reminiscitur annos . and surely ( as pliny saith ) sparsas & lacera● gentilitates colligere & conuectere , est , ut ita dicam , renasci jubere . thus we say , and thus we sing , redeunt saturnia regna , even the golden age of britaines monarchy is come againe : alter tiphis , & altera , quae vehat argos , delectos heroas : atque iterum ad trojam magnus mittetur achilles : another governour and chief master , of the common weales ship , and another arke , or argosie , as before , doth transport the nobles , and commons both of england , and scotland , to fetch the golden fleece , which egbert that dragon held so long time in his jawes . quondam etiam victus redit in praecordia virtus . now then , siquid patriae virtutis , if there be in us valour , of men stirred up , with remembrance of the name , and honour of the name , and honour of our country : si quid antiquorum hominum : if any drop of our ancestors blood live in us : si quid humanitatis : if any touch of brotherly kindnesse , we cannot , but readily imbrace each other , as the ancient romanes reconciled after long civill war , and shedding much blood iungebant castra , & consalutabant cives : yea , and triumph also as they did , saying , exurgere , & reviviscere romani nominis memoria incipit , & gloria : unlesse it may be said of us , as of that base minded vitellius : tanta torpedo invasit animum , ut si eum principem fuisse caeteri non meminissent , ipse oblivisceretur : or it may bee said to us britaines descended from brutus , as sometimes to another brutus , in another sense , not here intended : dormis brute , & non es brutus . our country men , and neighbours of wales , as chronicles report , derive themselves from ancient true britaines ▪ and doe retaine the british tongue , though somewhat mixed , called camberaec , which could never be extinguished by any attempts of romanes , saxons , danes , normans : and that famous city london , is still by them called trenwith , of brutus first named trenovanton . and the countrey it selfe is called cambria , of camber , brutus sonne , though we call it wales , a word imposed by saxons , naming them walshe , which is strange ; and many mountaines , rivers and cities are among them still retaining british names : extremos pudeat rediisse : let us be ashamed to be last , or backward , seeing another arthur king of all great britain raigneth ; lest we still seem over-awed , and captivated to the conquerour egbert his will , and by his beating us , to be made as base vassals , forgetting our selves , our names , and our country , and not daring to challenge , or acknowledge them : even as that base slave sos●a was enforced to yeeld to his master mercurie , and say , pugnis me fecisti tuum , & si sum ego , tamen non credo mihi , nomen simul abstulit cum forma . neither doe i esteeme the change of name , a matter of indifferency , as if it were all one , whether we were called britaines , or continued english , and scots . but in my judgement it is reason to alter all into britaines , because it was our most ancient , and is the more honourable name , except we will weare the badge of slavery on our sleeve , to brag to the world , that we are not ashamed to be conquered , so to shew our nakednesse , and shame , which adam sought to cover , when he once saw it . neither in mine opinion is it reason , that the now nobles or gentlemen of england , should delight in name imposed by that saxon ; seeing the whole race of saxons is for the most part rooted out by the danes and normans , and none of the saxons blood that was noble , or almost but gentile is left ; and seeing ( as chronicle reporteth ) it was counted in the daies of the conquerour , a reproach to be called an english man , or to joyne in mariage with any of the english ( which in my understanding is saxons nation . ) redit ad authores genus , & generosa in ortus exurgunt semina suos . and verily names , and titles , are matters of great consideration : unlesse , like varro , not caring for name , we should also say , that the god whom the iews worshipped , was but the same iupiter , and common god of other countries , though otherwise called , nihil interesse censens , quo nomine nuncupetur dum eadem res intelligatur . but in the union of the sahins and romanes , ( as eutropius reporteth ) this was especially agreed upon , that the sabins and romanes should assume one anothers name promiscuously : so that by no meanes they should be distinguished by name . and albeit among us , custome hath begotten prescription , yet we may remember , what is well said in the comedy : nunquam ita quisquam , benè subducta ratione fuit , quin res , aetas , usu● , aliquid apportet novi , ut quae prima putes , post in experiendo , repudias . as in the romane story , ( when it was objected that innovations , were dangerous to the state , and nothing was to be done , whereof formerly there was no president ) saith canuleius . quid postea ? nullane res nova institui debet ? & quod nondum est factum ( multa enim nondum sunt facta , in novo populo ) ea , ne ( si utilia quidem sint ) fieri oportet ? whilest we of england were put apart from scotland , it was reason we should have a name divided , and distinguished from them , and retaine that name , and condition , as pleased fortune to impose , as andromache saith to her son , sume , quod casus dedit : but being restored in integrum , and every part knit together , it is a like reason we returne to our old name , and say , as in the prophet , i will goe , and returne to my former husband , for at that time it was better for me , than now . ( hos. . ) and no man when he hath tasted the new wine , but saith the old is better . so that as the romane empire first was a monarchy , afterwards governed by two consuls , and so a long passing through divers kindes of governments , till it returned to his former state of monarchy , to be as it was at first : even so the state of great britaine , first was as a monarchy all governed by one ; since it was divided , but now it returneth to his monarchy againe , moribus antiquis res stat romana virisque . for men waxe weary , in time , of their present condition : and rome mole laboravit sua : or rather , and more truly , god setteth bounds to all things , which they cannot passe : even the mightiest powers have their periods . and all worldly kingdomes thus changing , ( after long experience ) say , the first is best ; and so likewise , vt rerum , ita verborum interit usus , quem penes est rerum & vis & norma loquendi . but in this case neither the thing nor the name , being changed : but we lawfully recovering that which was lost , renuing the title of great britain , enjoying our country ( as we did before ) calling all britaines , and holding all things in the same safety , and security under name of great britaine ( as before under names of england and scotland ) say all and each to other , pascite , ut ante , boves , pueri submittite tauros . it is a good and gracious deed to provide for reall agreement in all equall conjunction , and mutuall participation . but in my simple opinion , it had beene verbo tollere , & reipsa relinquere , only in shew to take away difference , but not in deed , without uniting both kingdomes into the name and stile of great britaine ; for , as he complained , tirannus occidit ? tirannis vivit ? so if the old enmity of english , and scottish be removed , and yet the names still remaine , i feare that the very names would ever put ill men in minde of olde grudge , and incite new variance : as is said of one , that he was romani nominis inimicus , at deadly hatred with the very name : where the name is taken for the very cause of hatred . as , eo nomine hostis , for that cause , even for name sake he is an enemy : even as in rome , when all things were accorded , and all parties pleased , only a name , which was in dislike among them , was thought hinderance to their mutuall concord , and content , saying , non placere nomen , id periculo sum esse , id officere , id obstare libertati : and therefore the sanate perswaded lucius , tarquinius , collatinus , otherwise in all respects approved , and beloved of all , even for his names sake , to forsake his office , saying , absolve beneficium , amicus abi , exonera civitatem vano ( forsan ) metu . this i speake , lest retaining former name of english , and scottish , which heretofore hath been offensive to each other , we call ( as before is spoken ) the ill disposed to former opposition , as between fire , and water , even to kindle such a fire in iacob , as will devoure in israel , and no water shall be able to quench it in bethel . where it may be thought more fit , to set aside all difference of former names : vt exoneremus rempub. vano ( forsan ) metu ; as it is said of one , quod nihil est metuit , metuit , sine corpore nomen . and if any account the feare of name nothing , ( bee it also say i nothing ) yet a man cannot be too carefull , or fearefull of that which is counted even nothing , seeing it is said . qui cavet , vix etiam cavet , dum cavet . let former destructions be present instructions . offensive distinction of names hath bred much woe . in italy faction of guelphs and gibelines arose for name sake . in england much blood for the white and red rose . in iustinians time fearefull division betweene the veneti and parsini about colours blew and greene . in which grievous contentions , arising first of small or no cause but only of difference in name and diversity of colours , deadly hatred is oft times kindled among former friends , as against sworne enemies . after phalarides death , the agrigentini made a decree that none should use glauca veste , because the tirants did use glaucis subligaculis : for they hated whatsoever might remember them of former tiranny . and the romanes publiquely ordained , that no romane should be ever called after the name of manlius ; for , because his remembrance was displeasing , they would have his name utterly perish . i wish that nomen , or mentio ipsa , the names english , and scottish , borders , former feud , wars and bloodshed between the two nations , were not once mentioned within our lips , but as nomen pelopidarum utterly put out , abolished , and never heard of , as that which is laid up in silence in the grave : even now that not the least occasion be left , no not in sport or inter ludicra certamina ( as we have a name of play amongst us called prison base , one part striving for england , and another for scotland , representing unto us the variance betwixt both nations ) lest it prove , as that betwixt them two brethren , demetrius , and perseus , king phillips sons ; who in ludicio certamine , opposite one to the other , with their companies divided on both sides , fell in earnest unto a maine deadly warre one against the other . i say , as neare as may be , these opposite tearmes of scottish and english should cease ; except they remaine , as only they ought remaine , epithites pertaining to one name of great britaine , and to one people britaines , as all the iewes of all the severall tribes , were called iacob gods people , and israel his inheritance . and herein ( seeing as vegetius saith ) princip●● est pro salute r●ipub . & nova excogitare , & antiqua restituere ) both nations ought joyfully applaud the late proclamation , & in all humbleness of duty , submit themselves to the kings majesties good pleasure , seeking thereby the common good of weale publique , and not his owne glory ( as they doe , who call their lands after their owne name , to get a name upon earth : and as valens the emperour desired ( according to his ambitious , and vaine-glorious humour , ) to call this whole continent valentia , after his owne name : for which thing also henoch the son of cain , building a city , was first noted , ) but as a king most gracious , not natus sibi sed patriae ( as hadrian the emperour professed before all : ita se rempublicam gesturum , ut sciret populi rem esse non propriam ) thinketh only on the ancient name , non tam mutans , quam aptans , so to roote out remembrance of former hatred , and to unite both into one . pastor populi non suum ipsius , sed subditorum quaerit commodum : & officio suo semper fungitur , utilitati consulens , & societati . change of names hath ever been thought meet in policy , even where men formerly strangers , and of divers kingdomes were to bee trained up together , and framed in fashion one to the other : as were given to daniel , hananiah , mishaell , and azariah , ( dan. . ) new , and other names . and daniel was called baltasar , and hananiah , shadrah , and mishael mesach , and azariah abednego of purpose , by changing their names , to make these forget themselves , their country , and if it were possible , the god of their fathers . and so the turkes have , from time to time , in their pollicy changed the old names of those places , they now possesse , which before professed christiany , and when upon any conquest , they take into their governement christians , they impose on them new names , to live like them , and as one people among them ; and shall we thinke it a wrong or inconvenience , that , if a grecian prince or other christian king recover against the turke , they afterward abolish a name imposed on them , and call any province , people or city after their olde and ancient name ? et si hoc in arido , quid in viridi ? if this be done ( ex facto ) by the children of this world , unto an evill end : may not his majesty in his princely wisdome ( fas estet ab hoste doceri ) ( ex jure ) for the undoubted good of the children of light call to remembrance , and put in execution the wise councell of maecenas to augustus : to take away all differences whatsoever , even of the meanest things which might bee thought on , whether of name or apparrell , or any thing else , to the intent all things might be throughly composed in one uniforme fashion , and conformity among all his subjects , to their undoubted good ? it hath been often observed , that parva scintilla neglecta magnum saepe excitavit incendium . and sores sleightly cured , break forth into greater danger . and , if i might boldly write my minde without mislike , i would undertake sufficiently to prove , that if the name had not been changed into great britaine , it might be feared we should not long ( as we ought ever ) continue one ; and that ( love being not without dissimulation ) we would among our selves , as is upbraided to the inconstancy of another nation ( now not to be here named ) ridendo fidem frangere , and so love , as that we would hate againe . for as a chiefe inhabitant , and commander in privernum , being asked in the senate at rome , what peace they should expect , answered , s● bonam dederitis , fidam , & perpetuam : si malam , haud diuturnam . so here may it be said , if union in name , bring also in deed , a good composition , and faithfull conjunction bona fide , it will doubtlesse by gods goodnesse , last ever : but otherwise i feare ( which god forbid ) may againe rent in sunder , and make the new breach worse than the former . and therefore wise was that saying ; ejusdem jurit esse debent qui sub eodem rege victuri sunt ; and that practise of romulus renowned , who by union of divers nations , eodem nomine & eodem jure latinos vocavit . and hereof grew the italicum bellum , because the latines united in other respects , were not joyned eodem jure with the romanes . to speak plaine , we all confesse our union in our obedience to the king , as to the head : but yet without continuance of that union also in the name of great britaine , and of other things thereto requisite ( to be farther by the honourable commissioners considered ) i feare wee shall prove , as imperfect , if not deformed a body , as apelles ( before noted ) painted venus , only perfect in the head , and left all the parts of the body unperfect . neither can i , for my part , imagine that part of the body well united to his head , which doth not concur with all the body in all his parts perfect with the head . vt nec pes nec caput uni reddatur formae . herein let natures workmanship in our naturall bodies leade us to the imitation of her wisdome , in the government of bodies civill : and as she hath in naturall mixtion reduced the foure contrary elements into a temperate and agreeing conformity , by taking away suspition of emulation , making them lose their proper names , and joyntly called mistionis forma : so should we by temperate discretion be willingly united with our neighbour friends into one corporation : especially seeing the reality of every thing we enjoy is to continue in all respects the same , and only a formality of appellation a little changed . naturam ducem dum sequimur non aberrabimus , said he : and the god of nature hath spoken it , so that we must beleeve , that a kingdome divided cannot stand , howsoever it may glory in the multitude of his parts : wherein a common weale may fitly be resembled to musicall instruments ; which howsoever consisting of the multitude of strings , yet the harmony is in the unity of proportion with agreeable consent of distinct sounds . now as a little jarre in musicke , a little intention or remission of any one string discordeth all the harmony ; so in this excellent musicall concord of a well ordered kingdome , never so small difference , though it be but titular betweene the severall parts of one common-weale , sometimes breedeth hatred , oftentimes envy , but alwaies emulation . whereupon philip comines well observed , finitimorum aemulationem nativam esse : that it was essentiall for neighbour regions to emulate one the other : which is only remedied by taking away the frets and by incorporation making them not now our neighbours , but all one with our selves . and herein consisteth the nature of true mixtion ( whereat all common weales should tend ) when every thing remaineth that was , yet nothing as it was ; when many contrary things yeeld up their contrariety and plurality unto one , consisting of all ; which participating of all their reconciled natures , imposeth only a new name , to their new manner of being , which is to be one instead of many ; and that not by coacervation or apposition of things without farther mixtion , remaining still distinct within themselves , but by union of consociation , which taketh nothing away from these things that were before distinct , but their distinction . out of which mistion will arise excellent temperature , which we hope long to see in our brittish common-weale , wherein no humour either of english or scottish may be predominant , but temperamentum aequabile , and that ad pondus too . which as it is seldome found anywhere , so it is alwaies found where it is found with perennity . and concerning such mistion was that said of romulus and trajanus , and now may it be said of king iames , and king charles ; diversas gentes ita commercio miscuit ut quod genitum esset usquam id apud omnes natum esse videretur . and of such mixtion may that of zeno be said , alterius chorus major , meus antem concinnior : another kings empire may be greater , consisting of diversity of nations , but ours more compact and united in one . and this mixtion of both our nations so mixed in one , bringeth forth but one title of great britaine . vnum , sed leonem , as the proverb saith . which i the rather urge here , against polititians ( if any such be ) of this age , who seeke to nourish faction and opposition in the state , and common-weale , and think nothing better , quam si in commune non consulant ; who ever have a rowland for an oliver ; where fearefull experience doth often shew the fruits of that axiom , contraria contrariis curatur . which manner of keeping subjects one opposite , and offensive to the other , is a flinty , and fiery society , even societas lapidum , fornicationi similima , quae casura , nisi invicem obstarent , hoc enim ipso continetur . and this practise , wheresoever prevaileing , is more then machivelian , even devillish , sowing seed of dissention in parts , to destroy the whole . therefore it being an infallible , but woefull ground of truth , nulla salus bello ; it is meete that all and every subject of great britaine , understand , and professe the other part of that verse , pacem te poscimus omnes . for so i thinke this axiome in a state , is better for preservation of weale publique : similima similimus nutriuntur . and if i were worthy , here would i advise all the magistrates of great britaine , which either now do , or hereafter shall beare rule under their high soveraigne , in any parts of his dominions , to remember in all their high honours , that cleo , and themistocles tooke contrary courses , and were both misliked in time of their magistracy . for cleo called all his friends , and old acquaintance together , and renounced them openly , giving them to understand , that now he was so advanced , they should expect nothing from him for former friendships sake . and themistocles answered one , wishing him to be alike to all , and not partiall , that he would not sit in seate of honour , and not doe more good to former friends than to others . but truth is , in a common-wealth , nor disdaine of former friends becommeth cleo , nor partiall favours themistocles ; for community regardeth neither any man , neither any cause for private respects , but is as the sun , yeelding alike common comfort to all : which thing i wish all , as one man , wisely to perceive , and willingly performe . and yet may cyrus have in remembrance , the very meanest of them , with whom sometimes he lived . and ahasuerus looking into the chronicles may remember those which have saved the king from any , who sought to lay violent hands upon him . and the macedonians may not either grudge , or disdaine that alexander prefer the persians before them of his owne countrey . ecquis est qui vestra necessaria suffragia pro voluntariis , & serva pro liberis faciat ? but to returne into the kings high way for the name of britaine : seeing his majesty may say , non me troja capit , scotland alone doth not containe my greatnesse : and therefore speaketh also to england : salve fatis mihi debita tellus : england is also the lot of mine inheritance : and both england , and scotland will i make one empire , and renew their names into the first title of great britaine , as it were ilium in italiam portans : ( though in removing all the gods out of the temple , to give place to iupiter , only that petty god terminus refused , and would not move ) yet let the termini , and bounds of both our nations , and all the people therein contained , willingly give place to the just pleasure of their sole monarch , and even in this also , acknowledge k. charles their supreame head , and governour : where obedience in each subject , is like the reconciled genius , utriusque regni : which though before was as angry iuno , much adverse to the romanes , yet now like iuno , out of her very image seemeth to speake aloud , romam se velle ire : anger is appeased , displeasure forgotten , and discord come to a perpetuall end . nec quenquam incuso potuit quae plurima virtus esse , fuit : toto certatum est corpore regni : and now the whole common-weale , odiis saturata , quiescit . neither may contention , either of antiquity , or any other dignity ( whereabout albanes , and romanes , so much contended , and would not yeeld one to the other ) breake this common band of love among our selves , or loyalty to our soveraigne , who imbraceth both nations with equall and indifferent love . but we ought to consider , that both english and scottish ( quis major ? aeque ambo pares ) making no question of difference for common goods sake , without difference may challenge like interest in his majesties favour ( et vitula tu dignus & hic ) to bee divided equally , and graciously among all , by geometricall proportion as his majesty shall be pleased to deeme meet . which thing may move all to mutuall kindnesse , and reciprocate love one towards the other , with an orderly conformity of both to live together in all peace , and christian charity , affectioned to love one another , with brotherly love , and in giving honour to go one before the other ; rom. . as it is said of scipio and lelius , actuosae vitae iter aequali gradu exequebantur : not grudgingly , nor contentiously , striving for prerogative of blessing and birth-right , in his majesties favour ; as if it might be said to his highnesse , hast thou but one blessing , my father ? gen. . for his majesties abundance , and overflowing measure of honour , poureth forth , as out of a fountain , streames to fill up every empty channell , nemo ex hoc numero mihi non donatus abibit ; and where every one may be contented , cuncta aderunt ; animus , si te non deficit aequus . herein let us take example from the romane common weale ( and surely for our instruction may it be said , nulla unquam respublica , nec major , nec sanctior , nec bonis exemplis ditior fuit ) where dyonisius halicarnasseus giveth us a strange shew of two consuls largius and claelius , who both strove to give precedence one to the other , preferring each other before himselfe , and reckoning one anothers worth before his owne : and this done , two or three severall times , neither presuming to goe before the other , but still refusing , and could by no meanes either be perswaded to take the preheminence one before the other . but is any mans eye evill , because the kings eye in speciall and gracious aspect is good ? doubtlesse when a king doth not all things ad voluntatem , sed ad utilitatem omnium ; they which mislike , ( and yet seeme of the same league , and society with others ) doe notwithstanding like nahaz the ammonite , ( sam. . ) joyne in common covenant with others , but on condition onely , that they may thrust out the others right eyes . hoccine in commune honores vocare ? quaenam ista societas ? quaenam consortio est ? but whosoever intendeth truely the common good , let him remember , that solon said , the onely way to keep subjects in unity , is to maintaine an equality for all : for motus , as plato saith , is in inequalitate ; but status , and quies in aequalitate : which thing is spoken , not to breed , or maintaine parity in condition of men , for that equality were true inequality , nay iniquity , so to confound the world . but these things are alleadged to shew , that our gracious soveraign may herein ( i speake under favour ) be resembled to ianvs , who had two faces , to looke forward , to looke backward : for so his majesty is set in the middest , sole soveraigne of all great britaine , to looke on england , to looke back to scotland , and with princely and favourable aspect to countenance both , tros rutulusve fuat , nullo discrimine habebo : where both being made one common countrey , that saying may well befit our common emperour ; hostem qui feriet , mihi erit carthaginensis , quisquis erit . and there is that equality , before mentioned , distilling from his grace and majesty in honouring , and defending both alike , ( lusta pari premitur , veluti cum pondere libra , prona nec hac plus parte sedet nec surgit ab illa . ) where none ought strive contentiously , lest they seeme to offer violence to the kings grace , or to his honour , or to both : as the mid-wife charged pharez in making the breach betweene him and his brother , by forcing his birth before his brothers , through strife in his mothers womb ; whose name therefore , was called pharez , which signifieth division . but our brotherhood is not in strife , as that of cain and abel , esau and iacob , ismael and isaac : nor as that of geta and antoninus , sonnes to the emperour severus : after whose death , their mother iulia was forced to divide the empire betwixt her sonnes , severing and setting them asunder into separate governments , with a sea betwixt them , because of their hot contentions and implacable hatred . and god forbid , that we should by opposite contentions one against another , provoke the common parent of both our nations , as those two brethren did their parent iulia , to cry out against us , as she did against them : o my sons , you have found the way how to be severed and divided by sea and land , into distinct regiments , and ' as you say , the water divides you one from the other : but how will you divide me your mother ? how shall i bee divided between you both ? will you dissect mee into parts also , as them two lovers ( mentioned by plutarke ) striving for their love , dum uterque ad se certatim rapere conatur , rent her in pieces ? let our strife rather be like that of ephestion and craterus , who contended whether should love their king alexander most ; in so much that alexander was enforced to decide the controversie , adjudging that ephestion loved the king best , and craterus alexander best . so it pleased the king in his sentence equally to divide his love , and so did they both equally strive to love : and after this manner did the iones and chi● contend in love to hercules : and iuda and israel for david . and so i doubt not but our contention is of the like love , and duty towards our soveraigne : but as for hatred and malice amongst our selves , so separating us that we cannot be mixed together , dii talia graiis , erroremque hostibus illum . seeing ( as he said ) no greater hurt can be wished to our enemies then to be disunited among themselves , and if they will not bee at one with us , that they may be at odds betweene themselves : maneat quaeso duretque gentibus si non amor nostri at certe odium sui . quando nihil jam praestare fortuna majus potest , quam hostium discordiam . and now farther to enforce this union into both nations , the rather , because we are both alike under one head and governour : hath not his majesty two eyes , to respect both kingdomes ; two eares , to heare alike the cause of both ; two shoulders , to beare alike the burden , and care of both ; two hands , to distribute honours alike to both ; and two feet , to goe one before the other , yet both alike to support but one body ? the inequality only is , if we are not alike dutifull , and thankfull ; neither doe we , as the apostle exhorteth , ( rom. . ) carry like mindes one towards another ; nor make our selves in our owne conceits , equall to them of the lower sort . and where xenophon calleth magistrates , and mighty men , the kings eyes , the kings eares , the kings shoulders , yea also his hands , and his feete , it is not thereby meant , that they should thinke they also had two eyes to envy one the other ; two eares , to listen after advantages , or offences one against the other ; two shoulders , to shove at , and shoulder out one the other ; two feet , to out-runne , and prevent one the other ; two hands , to catch , and snatch one from the other , or to carry fire in one hand , and water in the other , or to build with the one , and to pull downe with the other , or with the one to offer a gift , and with the other a stab ; altera manu panem , altera lapidem ; but that their eyes , eares , shoulders , feete , and hands are , or should be mutuall helpers one to the other , for the common good , and publique service of the whole state . and i perswade my selfe , that all magistrates under his majestie , of the one , or other nation , united now in one common name of britaines will for publique administration of the common-weale , so see with their eyes , heare with their eares , beare up the head with their shoulders , and walke uprightly , having pure , and cleane hands , that as the fingers in the hand are distinctly divided , and yet do clap , and clasp themselves together , for more strength ; so all of command and in authority within great britain , though they have distinct offices , yet will so concur , and agree together , that though there appeare among them , and their distinct publique services , as , in digitis , divisio , it shall not be , ab unitate praecisio . and verily the two kingdomes , are like two hands warming and enfolding each other , continuing two , yet in one body : where if the right hand challenge more necessary use and service in the body then the left , or the left hand more than the right , and one not readily yeeld to joyne with the other , as is meete , the head may in his good pleasure make choice and use of either : as in the romane story , when tribunes disagreed for chiefest honour , quintus servilius , consul , of much lesse dignity , and authority than a king , tooke the matter into his owne hands , saying , patria majestas altercationem istam dirimet . here prudence among subjects hath need intermeddle with all other vertues , and shew the power of union in her selfe ; where justice demandeth right , fortitude tollerateth what ought be borne , temperance reformeth will , subdueth anger , moderateth passion , and represseth ambition ; and all in unity of obedience coupled together , bring forth plentifull fruit , for society , honour , and joy . which thing well pleased marcus furius camillus , dictator of rome , seeing all the senate , and subjects of rome , not only accord in the common execution of each office for common good of all , but willingly , and lovingly , both highest , and meanest to embrace one the other , saying , that the common-weale was flourishing , and most happy : si tales viros in magistratu habeat tam concordibus junctos animis , parere , atque imperare juxta paratos , laudemque conferentes potius in medium , quam ex communi ad se trahentes : whereof the senate , consuls , and tribunes gave testimony , and good proofe , when they all submitted all authority to camillus , perswaded in themselves , nec quicquam de majestate sua detractum , quod majastati ejus viri concessissent . in britaines union , england may not exalt it selfe above scotland , nor scotland strive against england , but both as members of one and the same body , under one and the same head , ought to have the same care one for the other , as if one member suffer , all suffer with it , and if one be honoured , all the members rejoyce with it ; and as in the church , so in the common-weale , one is my dove , one is my darling , shee is the only beloved of her mother , and deer to her , that bare her ; so i know there are diversities of gifts , and differences of administrations , and divers manners of operations in both ; and god hath set the members of the whole body , every one of them , severall in the body , as it hath pleased him , but , omnia ab uno ad unum ▪ all from one head , and to one end . hee that is wise will consider this . qui vero curiosiores sunt , quam capatiores , quaedam mag●is contentiose objectanda , quam prudenter consideranda esse arbitrantur . and now seeing i have waded so far in the union of britaines ; english may not mislike , that scottish beare office among , and with them , as if they were of a farre countrey , hunting after others treasures , serving the king of babylon , and not as the same subjects to hezechias ; for they are of , and for england , as we ; and we of , and for scotland , as they , and both for both , being made one . nay rather we ought desire their society , and rejoyce in this community , setting before our eyes for example , that saying of austin of the communion of saints , made fellow heires with christ through the mercy of our good god : deus , cum baberet unicum , noluit esse unum , sed habere fratres . and , ( if in humane matters , humane examples more move ) remembring that scipeo was as glad of his brothers preferment as of his owne ; and that castor would not be a god without his brother pollux , but would be only semideus , that his brother might partake with him ; as is well said : habent oculi in corpore magnum honorem , sed minorem haberent si soli essent . in the time of claudius , the emperour , when it was consulted that the senate should bee supplyed with more senators , the peeres and nobles of france , long before enfranchised free denizens of rome , sought also to participate in honours , magistracies , and dignities with romanes : and the matter being handled on both sides with great consideration , the romanes alleadged against the french , that italy wanted no sufficient men within it selfe , for it selfe . and that there was no reason to incorporate others with them , who had beene at so deadly hatred , and bloody warres against them . what ? no private men , not the common people , not strangers , but enemies taken into the senate ? was it not counted for a wonder that the athenians did take onely anacharsis into their city ? would the lacedemonians admit the tyrrheni to participate in their honors , though they had done them service ? and had their mothers also athenian women ? but the good emperour replying , said to the senators , that he would assume into the senate , of all his subjects , such as he found most worthy , of what countrey soever , alledging that his owne ancestors were descended from the sabins , and made of nobility and senate of rome , and that the iulij were taken from alba , coruncani from camerium , the porcij from tusculum , etruria , and lucania , and from all parts of italy chosen into the senate . and that by this meanes italy was extended , and greatly enlarged , so as not onely the people , but all their possessions , had their dependance upon the state of rome , and grew into one nation and people of rome . and that a setled state chiefly flourished , when the people inhabiting even beyond the river padus were received into the community of romane citizens . and lastly , that nothing was more hurtfull to the lacedemonians and athenians , then refusall to encrease the common-weale by accesse of new and other people . what ? shall not they be admitted , because they and romanes have had deadly feud one against another ? so the aequi , so the volsci . and yet are now all one and the same people of rome . this forcible speech pierced their hearts , and prevailed so , as that all submitted their judgement to the emperours wisedome . which thing i thought good here to remember , not forgetting also what anna said to dido . quam tu urbem soror hanc cernes ? quae surgere regna , connubio tali , troum comitantibus armis ? punica se quantis attollet gloria rebus ? which if we consider , as we should , wee cannot then but ingenuously acknowledge , that good and praise-worthy was the speech of paedaretus , who uederstanding he was not chosen into the number of the trecenti , who chiefly bare rule , said , he did glory there were so many his betters in the common-weale . and no lesse commendable was his saying , who wished , hee could raise frō the dead many moe , such excellent citizens ; as quintus fabius well advertised titus octacilius , nec tu id indignari possis aliquem in civitate romana , meliorem haberi quam te . doubtlesse the common-weale is more happy , and doth there more flourish , where is more choice of worthy honourable men , to be imployed in publique affaires , as need and occasion require . and as arrows in the hand of the strong man , so are the succession , and children of such ▪ blessed is our gracious king charles , that hath many kingdomes , like many quivers full of them : but as for the arrowes , which of them shall be taken forth , and sent , or shot abroad , that is in the power of the archer : neither may one say , why hast thou taken me ? nor the other , why am i left with the rest ? an non in coelo ipso sua luce sol lunam superat , non vituperat ? et stella à stella differt in gloria non dissidet in superbia ? and albeit there bee a kinde of jealousie , and naturall strangenesse among men , untill they better grow in knowledge one of the other , and doe eate , ( as our english proverbe saith ) a bushel of salt together : yet have we long since shaken off that infamy , which horace laid unjustly upon us , that britaines were uncurteous , and unhospitall to staangers : and have learned to grant incorporation , and immunities even to strangers in deed , and to enfranchise strange nations for trade with us , making them partakers of our rights : much more than should we be lesse nice of all immunity , and naturall community with us towards those , who now are one with us ; that though in the comedy , cause of strangnesse among men be alleaged , quia nec ille te novit , nec tu illum : yet we should be ashamed , quasi canes , latratu accipere , quem non agnoscimus . yea rather should we rejoyce to heare by this union , how that lacedemonii medizant , and medi lacedemonizant , both scot and english , so familiarly converse together , and are growne into one anothers natures and manners , that like servilii fratres , they are all one . and should we wish by reason of the neighbourhood , and neernesse of both nations , as also for likenesse of language we should bee alone : even as the historian discourseth of the phryges and trojani , and likewise other nations , how they were taken for the same , & called by one anothers names promiscuously , because they were so neere one to the other ; and the same also were counted but one nation , and of one kinde , by reason they were of the same language : a most sure argument ( saith he ) that they be but one people , who agree in one language ; as it is most absurd , the inhabitants of the same places should differ in language , if they be of the same kinde . why then ( as he saith ) iube hanc maceriam dirui , quantum potest , huc transfer , unam fac domum . and according to that resolution , — foederis aquas iungamus leges , sociosque in regna vocemus . especially seeing they may challenge with us , cives esse , & licet non easdemopes habere , eandem tamen patriam incolere : quare connubium petimus , & soci●tatem , quod finitimis , externisque dari solet : nibil novi ferimus , sed id , quod populi est , petimus : vt quibus velit populus romanus honores mandet . was not numa pompilius , though no romane , fetcht from sabins , and made king of rome ? was not also lucius tarquinius , not so much of romane blood , made king there ? and was not survius tullius , though borne basely , and of a bond-woman also , made king there ? et dum nullum fastiditur genus , in quo eniterit virtus , romanum crevit imperium ▪ but no such exception of scottish blood , his majestie being rightly , and anciently descended of royall english blood , and his nobles hence forth in their posterity , be●ing with us , and wee with them , all of brittish blood ●an esse ulla major , aut in signi●or contumelia potest , quam partem civitatis , velut contaminatam , indignam connubio habe●ri ? quid est aliud , quam exil●●um intra eadem moenia , qua● relegationem pati ? ne propi●quitatibus , ne affinitatibus im●misceamur , ne societur sanguis ▪ what can we say more but render all possible praise and thankes to our good , and gracious god , who by his servants our two gracious soveraignes , hath reduced , and restored the whole island of great britaine , answerable to his first beginning , and ancient former being ; like to one city , even one ierusalem , which is a city , at unity within it selfe . hoc verè regium , duos populos unum efficere . as the king of kings hath in mercy done to iew and gentile , to grecian , and barbarian , fecit utraque unum : he brake downe the partition wall , and hath gathered the people , & kingdomes together to serve him , dissoci●ta locis concordi pace ligavit . and why should no● many , and moe then tw● kingdomes , as well civilly a●bide in unity of subjection ▪ as many christian nation● continue in unity of faith ▪ but that the one hath the spi●rit of god , which is autho● of peace , and lover of con●cord , directing them : and the other the spirit of satan ▪ author of contention , and cause of confusion , perverting them . which thi●g king david well perceived , praying god for his sonn●solomon , that he might enjoy the full possession of the whole dominion from sea to sea , promised to israel under moses , but not fully obtained till then , because of the peoples sins . and albeit for our manifold , and great sins , this whole island was overlong divided into two , and forced by former division to many battels , and much shedding of blood ; yet we praise god , that in these our dayes , the full possession thereof is restored , and given to our peaceable solomon ; so as not only all his own subjects , even from sea , to sea , of both the kingdomes , are in him united into one ; but even the potent , and powerfull neighbour kings seeke peace , and ' make league with israel , even the kings of tharsis , and of the isles , bring presents , the kings of sheba , and seba brings guifts , as in the daies of solomon . this change ( even the happiest change that ever was ) from a people so divided from one , by gods eternall decree , and speciall mercy , to be made one , biddeth us open our eyes , and calleth us alowd , come , and see ; speque , fide que inquit , majora videbis . for our island , formerly for sin divided ( as the echinades insulae , were faired by poets , once far seperate , and distracted , for contempt of their gods ) is now become like that island delos , which though it floated , and was tossed sometimes upon the waters , à gente in gentem , as one wave forceth another ; was neverthelesse reported to be afterwards , truly firme , and stable . doubtlesse that god which hath written in the waters , and the sea , legible for ever eye to see , and read mare britannicum : and who hath continually carried in directing the pens , and pensils of all cosmographers , mapmakers , or whatsoever historiographers ( whom alphonsus sicilia calleth optimos consiliarios mortuos ) not to alter the first , and old name , but to call it in all their writings and descriptions , mare britannicum ; hath graciously , and miraculously effected for the land also , that out of the dead ashes of old great britaine , should be raised even the self same britaine , as the phenix living , and dying , est eadem , sed non eadem , quia ipsa , nec ipsa est . o admirable metamorphosis , & happy changel england , and scotland have left , though not lost , their names , both being preserved in the bosome of great britaine : non duo sunt , nec forma duplex , but , neu●runque & utrunque videtur : and of both us english and scottish being now britaines may it be said , as of them two brethren , alteruter & uterque ; alteruter est uterque , ut●rque autem neuter . which i againe call that faire phoenix , dying , and living , eadem , & non eadem , quia ipsa nec ipsa est . in which , excellent ? and vyonderfull work , the rather , and better to bring to passe the good purpose of uniting the two kingdomes and people into one , it hath seemed best to the godly wisedome of divine providence , first , and long since to knit all our hearts in one holy religion , and in the same service , and godly worship , to make us all like citizens with the saints , and of the houshold of god , renewed in christ , and reconciled into one body , acknowledging but one god , and professing but one faith , and religion , the hope of our vocation . whereby we learne , and cannot but confesse , ( if , as ciprian saith , consiliorum gubernaculum , lex sit divina ) that that common weale best pleaseth god , which commeth neerest to the church of god , that wisest polititiās , are best christians , that best governments have correspondence with gods lawes ; and that those kingdomes are best ruled , and the more blessed , which are of one heart and one obedience , even as all are one in christ , who is the head , and all under his government , are by one spirit , but one body . wherefore the good emperors theodosius , and valentinianus writing to ciprian bishop of alexandria , were bold to commend their government , according to the platforme , before described , saying : a pietate quae in deum est , reipublicae nostrae constitutio pendet , & multa utrinque est cognatio , & societas , &c. which most excellent patterne , and forme of government , is after the example of christ , uniting all into one and this the psalmist resembleth to that precious ointment , powred on the head of aaron , and running downe his heard , even to the skirts of his cloathing : for so doth sweet and precious union rest chiefly in the head , which is but one , and from thence run all along , and alike to all the parts of the people , which are but one . but shame on schisme , whither it be civill , or ecclesiasticall ; for it renteth the seamlesse coat of christ , both in the church and in the civill state , even in the doctrine , and ceremonies of the one against the truth of god ; and in christian charity , and common civility of the other against the peace of men . wherefore whosoever opposeth himselfe against the one , or other , is more unreasonable , and may be thought more cruell , than the souldiers which would not divide christs seamelesse coat , but cast lots , whose it should be ; saying , sortiamur cujus sit . for it cannot bee denied , but that they which divide great britaine , to have it divided within and against it selfe , divide that , for which they cannot say , sortiamur ; seeing cujus is known , and sit cannot be denied : but sortiamur , and cujus , and sit , should wholly , and only be left to his majestie , and to his royall succession for ever . only let our contention be , as was that of israel and iudah , who should be forwardest not only in bringing our king unto the seate of his kingdome , but also now to preserve the possession of his kingdome , sartum & rectum , inseparably united to the king , and joyntly united and undivided within it selfe . vnus rex , una lex ; unus pater , una communis patria ; unum caput unum corpus . let not private respects hinder a common good : let every man be as one man , of one heart and one soule , united to his majesties gracious intentions , which are for the everlasting good of every one . if the king had commanded thee a great thing , wouldest not thou have done it ? how much more then , when he saith , bee you all of one minde to live agreeably together , in one uniforme government , for your owne undoubted good . cedat jus proprium regi , patriaeque remittat . and to conclude in nomine , & omine concerdiae : to consummate this structure of union , and to consecrate it to all eternity , as the romanes did their temple of concord . behold , now is the time of establishing the unity of both nations together ; ( as he said ) si quando unquam consociandi imperii tempus optastis , en hoc tempus adest , & virtute vestra , & deûm benignitate vobis datum . heretofore , as c. marius said , he could not audire ju● prae strepitu armorum ; so by reason of civill discord betwixt both nations , the name of unity was but as a pleasant song , touching the eare , but not entring into the heart or serious consideration of either part . and so for many yeares this cogitation crept in every where . the name of britain seemed as a brutish name , all commixtion betwixt us seemed confusion , any mutation for union sake an utter subversion of all the state . but now the matter is come extra rubiconem : jacta est alea : the matter is proceeded in , aut nunquam tentes , aut perfice . such a matter of state is not slightly to be intended . and i know , that all the honourable commissioners on both sides thinke every one of themselves not to be imployed in this so great businesse , only as pro consule and in his owne person , but pro consulibus , & in commune omnium ; and therefore will be assembled like wise romanes , who after long dissention , and part takings , made full reconcilement and concord perpetuall for all matters in aede concordiae . and i doubt not , but all subjects will in all places , as the graecians did after long variance embrace that joyfull {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} agreed on , for good of all , not for fashion sake , as among heathen , but for conscience sake , as among such , which truly know , and feare god , who is author of vnity , and but one god : that so there bee henceforth , a perfect , and perpetuall establishment , according to the lawes of medes , and persians , which may not , nor cannot be altered ; remembering , inimicit●as mortales , amicitias immortales esse debere . only yet i would set before all mens eyes that worthy speech of the renowned tullus hostilius king of romanes , in the reconcilement of rome , and alba , and represented unto us in uniting england , and scotland by our two gracious soveraignes , quod bonum faustum , foelixque sit populo romano , ac mihi vobisque albani , populum omnem albanum , romam traducere in animo est : civitatem dare plebi : primores in patres legere : unam urbem : unam remupb . facere : & , ut ex uno quondam in duos populos diversa albana res est , sic nunc in unum redeat . and now also concerning the name , i recite only a poeticall fable , yet moralized , no fable : that when neptune and pallas did strive , whether of them should give name to athens , it was agreed , that he , or she should name the city , who could bring the best gift for common good . wherefore neptune did strike the shore , and it brought forth an horse , fore-shewing that athens should bee warlike : but pullas gave the city an olive , signifying peace , and that the city should flourish by peace : whereupon , peace being more profitable than war , neptune was enforced to yeeld his interest ; and pallas gave the name . oh how blessed are the peace-makers ? how beautifull are their feete ? how glorious , and joyfull the light of their countenance ? — pax optima rerum , quas homini novisse datum est ; pax una triumphis innumeris potio . k. iames first dove-like brought the olive branch , shewing that the waters were abated , anger appeased , dangers escaped , sorrows fled , and that salvation and joy entered the arke of great britaine . and it is and hath long been his most sacred majesties desire to encrease and establish the vnity of both nations , happily begun by his father king iames of blessed memory ; wherefore let it be the daily prayers of all true subjects , that god in mercy will still continue the s●me , to his majesty and his posterity for ever . finis . by the king. a proclamation touching the adjourning of part of hillary terme proclamations. - - . england and wales. sovereign ( - : charles i) this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing c ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing c estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) by the king. a proclamation touching the adjourning of part of hillary terme proclamations. - - . england and wales. sovereign ( - : charles i) charles i, king of england, - . aut sheet ([ ] p.) s.n., [london : ] imprint from wing. at end of text: given at his majesties court at oxford, the day of december, in the eighteenth year of his reigne. copy catalogued cropped at foot. reproduction of the original in the bodleian library. eng great britain -- history -- civil war, - -- early works to . great britain -- politics and government -- - -- early works to . a r (wing c ). civilwar no by the king. a proclamation touching the adjourning of part of hillary terme. england and wales. sovereign d the rate of defects per , words puts this text in the d category of texts with between and defects per , words. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - pip willcox sampled and proofread - pip willcox text and markup reviewed and edited - pfs batch review (qc) and xml conversion c.r. royal blazon or coat of arms by the king . a proclamation touching the adjourning of part of hillary terme . the kings most excellent majesty being now involved in an unnaturall war , raised against him by divers of his own subjects , and finding no hope of a present peace , which he hath much desired and indeavoured , and being now setled at his city of oxford , in his own person , and his army attending him there for his necessary defence for this winter season , hoping that , before any new occasions shall be offered for the effusion of more blood unnaturally spilt , it will please god who is the god of peace , to open some way to attain thereunto , which some by all means indeavour to divert , hath amongst other things which concerne the good and prosperity of his people , taken into his princely consideration , how , and in what place , and in what manner the next ensuing hillarie terme with most conveniency for himselfe , and his own affairs , and for his good subjects may be held in a time of so much danger and distraction ; and upon serious weighing of all circumstances fit to be considered of , his majesty hath resolved , and by this his royall proclamation doth order , appoint , declare , and publish , that because the lord keeper of the great seale is the supreame judge of the high court of chancery , and he must necessarily attend his majesties person , that the said court of chancery , and all proceedings of what kinds or sorts soever , shall , and by these presents are , and stand adjourned to the city of oxford , where his majesties residence now is , and for that time is likely to bee , for the whole terme of saint hillary now next ensuing ; and shall begin , and bee there held and continued upon , and from the three and twentieth day of ianuary , now next ensuing , untill and upon the thirteenth day of february then next following . and because the commissioners for his majesties treasury , and the chancellor of the exchequer , are likewise here attending his person , that the receipt of his majesties exchequer , and of the first fruits , and tenths payable by all spirituall persons , and others , shall be , and by these presents is , and stand adjourned for and during all the term , and time aforesaid , unto the said city of oxford , and shall be there held and continued . and because the court of the dutchie of lancaster may with more ease , and conveniency to all his majesties officers , and loving subjects having occasion to attend the same , bee kept in the city of oxford , then at the city of westminster , in these troublesome times , that the said court of dutchie of lancaster shall be , and by these presents is , and stands adjourned for , and during all the terme and time aforesaid , unto the said city of oxford , and shall be there held and continued . and because his majesties court of wards , and liveries is principally intent upon matters of his revenue , and the same with much more conveniency to his majesty , and with as little inconveniency to his subjects having businesse therein , may bee as well held in oxford , as in westminster , his majesty doth farther also by these presents , order , appoint , declare and publish , that the said court of wards , and liveries shall bee , and by these presents is , and stands adjourned for , and during all the terme and time aforesaid from the said city of westminster , unto the said city of oxford , and shall bee there held and continued . and because it is most proper that the lord privy-seale for the time being , and the masters of requests to his majesty , who are the councell of the court of whitehall , or court of requests should attend his majesties person , wheresoever he is , or shall be ; and all suits depending in that court , are properly depending before his majesty , and the bills there are exhibited unto his majesty and to none other , his majesty doth likewise order , appoint , declare , and publish that the said court of requests or court of white-hall shall be , and by these presents is adjourned from westminster aforesaid , unto the said city of oxford , and for , and during all the terme and time aforesaid shall there be held and continued . and because in the time of this miserable distraction the subjects of this kingdom , having suits in any of the courts of the kings-bench , common-pleas , and exchequer cannot with such safety , and contentment as his majesty wish●● unto them , attend their suits , and causes depending in any of the said three courts , and yet that many causes of smaller moment may be dispatched 〈◊〉 out the clients and suitors themselves , by their attourneys , and solliciters , if but a part of the said terme may be held and kept in the places where records of those courts now are , and from whence without very much trouble , and charge they cannot be removed ; his majesty hath further resolved , by these presents doth publish , and declare , that he shall , and will by his writs of adjournment totally adjourne the two first returnes of the said ensu●●● terme of saint hillary , commonly called octabis hillarii , and quindena hillarii , untill the returne called crastino purificationis , and that the two las 〈…〉 turnes of the said terme called crastino purificationis , and octabis purificationis , shall be held at westminster in the usuall places where formerly they were ●el● all which his majesty signifieth to all , and singular his officers , ministers , and loving subjects of this his realme , to the intent that they , and every them who have , or shall have any suite , or other occasion to attend any of the said courts of chancery , receipt of exchequer , and of first fruits and tenth● dutchie of lancaster , court of wards , and liveries , and court of requests , may give their attendance at the said city of oxford as aforesaid , and not elsewhere , and that such of them as have , or shall have cause to attend , or who have cause or commandement to appeare in any of his majesties said courts kings-bench , common-pleas , and exchequer at westminster , in or at the said returnes of in octabis hillarii , and quindena hillarii , or in , or at any day or ti●● from and after the said returnes of octabis hillarii , and quindena hillarii , and before the said returne of crastino purificationis , may tarry at their dwelling or where their businesse otherwise shall lye , without resorting to any of the said courts for that cause before the said returne of crastino purificationis next comming , and that without danger of forfeiture , penalty , or contempt , to incurre towards his majestie in that behalfe . and neverthelesse his majesties pleasure is , that two of his justices , that is to say , of either bench one , shall the first day of the terme of saint hillarie , called octabis hillarii , according to the ancient order of the lawes , keep the essoines of the said octabis hillarii , at which returne of octabis hillarii writs of adjournment shall be directed to the said justices , giving them authority to adjourne part of the said terme of saint hillarie , that is to say , from octabis hillarii , untill the said returne of crastino purificationis , as before is said , and the same adjournment shall be made in the first day of the said octabis hillarii , commonly called the day of the essoines . willing , and commanding all , and every of his majesties officers , ministers , and subjects , to whom it doth , or shall appertain , to observe , and keep their assemblies , and appearances with all their returnes , and certificates in his highnesse said courts at westminster in crastino purificationis next , then , and there to be holden , and kept , and there to doe their offices , and duties in every behalfe in like manner and forme , as they should or ought to have done if this present proclamation had not been had or made , as they will answer the contrary at their perills . ¶ given at his majesties court at oxford , the day of december , in the eighteenth yeare of his reigne . his majesties letter to the major, aldermen, sheriffes, and the rest of the common-councell of the citty of bristoll england and wales. sovereign ( - : charles i) this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing c ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing c estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) his majesties letter to the major, aldermen, sheriffes, and the rest of the common-councell of the citty of bristoll england and wales. sovereign ( - : charles i) charles i, king of england, - . broadside. by leonard lichfield, [oxford : ] imprint suggested by wing. "given at our court at oxford the . day of may. ." reproduction of original in the bodleian library. eng great britain -- history -- civil war, - . great britain -- politics and government -- - . a r (wing c ). civilwar no his majesties letter to the major, aldermen, sheriffes, and the rest of the common-councell of the citty of bristoll england and wales. sovereign a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion his maiesties letter to the major , aldermen , sheriffes , and the rest of the common-councell of the citty of bristoll . trusty and welbeloved we greet you well . whereas we are informed that by the power and authority of certain factious and rebellious persons in that our citty of bristoll , diverse of our good subjects ( as namely robert yeomans , george bourchier , william yeomans , edward dacers and others ) of that our citty are imprisoned for preserving their duty and loyalty to us , and for refusing to joyne in , or assist this horrid and odious rebellion against us , and that the said wicked and traiterous persons , have presumed to condemne the said innocent men to dye , and upon such their sentence notoriously against the lawes of god and man , they intend to execute and murther our said subjects ; we have thought fit to signify to you the major , aldermen , sheriffes , and the rest of the body of the councell of that our citty , that if you suffer this horrid and execrable murther to be committed upon the persons aforesaid , and thereby call the just judgement of god , and bring perpetuall infamy upon that our citty , we shall look upon it as the most barbarous and inhumane act that hath been yet committed against us , and upon you as the most desperate betrayers of us , and of the lives and liberties of your fellow subjects , and we doe therefore will and command you , not to suffer any violence to be done upon the persons aforesaid , but that if any such be attempted against them , that you rayse all the power and strength of that our citty for their rescue , and to that purpose we command all our good subjects of that our citty to ayde and assist you upon their allegiance , and as they hope for any grace and favour at our hands , and that you and they kill and slay all such who shall attempt or endeavour to take away the lives of our said subjects , and for so doing this shall be your warrant . and here of you may not faile at your utmost perill . given at our court at oxford the . day of may . by the king and queen, a proclamation declaring the parliament shall be prorogued until the five and twentieth day of october next. england and wales. sovereign ( - : william and mary) approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing w estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) by the king and queen, a proclamation declaring the parliament shall be prorogued until the five and twentieth day of october next. england and wales. sovereign ( - : william and mary) mary ii, queen of england, - . william iii, king of england, - . broadside. printed by charles bill, and the executrix of thomas newcomb decease'd ..., london : . "given at our court at whitehall the sixth day of september, in the sixth yea of our reign." reproduction of original in the harvard university library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- parliament. great britain -- politics and government -- - . great britain -- history -- william and mary, - . - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion monogram of 'w' (william) superimposed on' m' (mary) diev et mon droit honi soit qui mal y pense royal blazon or coat of arms by the king and queen , a proclamation , declaring the parliament shall be prorogued until the five and twentieth day of october next . marie r. whereas this present parliament stands prorogued to the eighteenth day of this instant september , we , by the advice of our privy council , for weighty reasons vs especially moving , do hereby publish and declare our royal pleasure , that the same parliament shall upon the said eighteenth day of september , be further prorogued unto the five and twentieth day of october next ; whereof the lords spiritual and temporal , and the knights , citizens and burgesses of the house of commons , and all others whom it may concern , may hereby take notice : we letting them know , that we will not at the said eighteenth day of this instant september , expect the attendance of any , but such as being in and about our cities of london and westminster , may attend the making of the said prorogation , in such manner as heretofore in like cases hath been accustomed . given at our court at whitehall the sixth day of september , . in the sixth year of our reign . god save king william and queen mary . london , printed by charles bill , and the executrix of thomas newcomb deceas'd , printers to the king and queens most excellent majesties . just re-proposals to humble proposals. or an impartiall consideration of, and answer unto, the humble proposals, which are printed in the name of sundry learned and pious divines, concerning the engagement which the parliament hath ordered to be taken shewing, how farre those proposals are agreeable to reason, to christianity and to policie. how the proposers thereof may receive satisfaction therein, in all these respects. hereunto are added, the humble proposals themselves; because they are not currantly to be found. written by john dury. january . . imprimatur, joseph caryl. dury, john, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing d a). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing d a estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) just re-proposals to humble proposals. or an impartiall consideration of, and answer unto, the humble proposals, which are printed in the name of sundry learned and pious divines, concerning the engagement which the parliament hath ordered to be taken shewing, how farre those proposals are agreeable to reason, to christianity and to policie. how the proposers thereof may receive satisfaction therein, in all these respects. hereunto are added, the humble proposals themselves; because they are not currantly to be found. written by john dury. january . . imprimatur, joseph caryl. dury, john, - . reynolds, edward, - . [ ], p. printed by j.c. for richard wodenothe, at the starre under st. peters church in cornhill, london : . a paraphrasing of and reply to: reynolds, edward. the humble proposals of sundry learned and pious divines within this kingdome. the words "how farre .. respects." are bracketed together on title page. annotations on thomason copy: "jan: ."; the in the imprint date has been crossed out. reproductions of the originals in the british library (reel ) and in the harvard university library (reel ). eng reynolds, edward, - . -- humble proposals of sundry learned and pious divines within this kingdome. -- early works to . engagement ( ) -- early works to . great britain -- politics and government -- - -- early works to . great britain -- history -- commonwealth and protectorate, - -- early works to . great britain -- church history -- th century -- early works to . a r (wing d a). civilwar no just re-proposals to humble proposals. or an impartiall consideration of, and answer unto, the humble proposals, which are printed in the na dury, john c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - john latta sampled and proofread - john latta text and markup reviewed and edited - pfs batch review (qc) and xml conversion just re-proposals to humble proposals . or an impartiall consideration of , and answer unto , the humble proposals , which are printed in the name of sundry learned and pious divines , concerning the engagement which the parliament hath ordered to be taken . shewing , how farre those proposals are agreeable to reason , to christianity and to policie . how the proposers thereof may receive satisfaction therein , in all these respects . hereunto are added , the humble proposals themselves ; because they are not currantly to be found . written by john dury . cor. . . not he that commendeth himself , is approved ; but whom the lord commendeth . january . . imprimatur , joseph caryl . london , printed by j. c. for richard wodenothe , at the starre under st. peters church in cornhill , . just re-proposals to humble proposals . sect. i. concerning the scope of this treatise . it is conceived , that these proposalls containe the strength of all those scruples ; which the consciencious , and hitherto otherwise wel-affected party towards the cause of liberty and reformation , hath taken up against the engagement : and because it is neither just nor conscionable , that any matter should be pressed upon the conscience of any as a duty , otherwise then by a clear demonstration of the righteousnesse thereof , and a conviction of the judgement therein : nor can it with any probability be conceived , that the parliament which with so much pious zeale and vigour , hath opposed the incroachments of tyranny hitherto ; should now intend any pressures upon any , which are not absolutely necessary , or further then they are unavoidably requisite for common safery ; therefore it will be very expedient , to endeavour the removing of these scruples , as of stumbling-blocks out of the way of conscionable men , whose aime is , to seek peace and unity in the truth ; and to offer by a just reproposall , and more faithfull representation of matters , some equitable satisfaction to these humble proposals . and to this effect two things shall be weighed without prejudice , and taken into serious consideration : first , what strength of reason , and strain of christianity is in these proposals . secondly , what way may be followed , to bring the mindes of these proposers into a quiet frame , by the performance of these duties which they themselves acknowledge to be just , and which to the state will undoubtedly give satisfaction . sect. ii. the summe and substance of the proposals briefly , and in order . the ministers who have made these proposals , represent first themselves unto us ; and then their scruples concerning the engagement , for which they desire to be excused from the subscription thereof . they represent themselves in reference to that which is past , to that which is present , and to that which is their future resolution . in reference to things past , they have faithfully served the parliament ; they have suffered for the cause thereof in the pursuance of just liberty and reformation ; and they have adhered to their first principles unto this day . in reference to things present , they are peaceable and obedient to the lawes of the nation ; they endeavour with meeknesse and humility to preserve their inward peace , and outward safety ; and they finde themselves straightned in conscience upon the case of the present engagement . in reference to future resolutions , they declare that they will behave themselves according to these following positions . . that although they hold themselves still bound by their former solemne covenant and engagements ; yet that they are also convinced , that it is necessary some civill government should be maintained in the land . . that they count it agreeable to the will of god , to the light of nature , to the practise of all christians , to their own principles , and to their former engagements ; to own the changes of government , which gods providence brings upon a nation ; when he disables one , and inables another , government to afford protection to the people thereof . . that their owning of the government will be by living quietly and peaceably in their places and callings under it ; and by submitting to such things as are imposed upon , or required of them by the powers which are in actuall possession ; being things in themselves lawfull , & necessary for the preservation of themselves and others . . that all this may be done without disputing the right and title of those who are in place of magistracy over them . in these things they propose themselves unto us ; that we may know what they are , and what their sense is of the present government , and the subjection due thereunto . then in the second place , they propose also what their scruples are , concerning a subscriptiō to the engagement , which are of four sorts . viz. . of that which the words in themselves seem to imply & import . . of that where they relate to the violating of former engagements . of that which is a matter of generall scandall and offence . . of that which may become a snare unto the subjects , and a prejudice unto the rulers themselves . concerning the sense of the words , they scruple at them because they seem to import ( say they ) things not to be assented unto . as . an approbation of the present establishment as effected by a full and free authority . . a ratification and consent of the people unto the authority . . an obligation to act , at all times , in all places and capacities to the promoting and strengthening of the authority . concerning the violation of their former oathes and engagements ; they declare from the words thereof , and the manner of taking the same ; that such an awfull impression remaines upon their conscience thereby , that except the consistency of the engagement be made unquestionably clear , with the solemne league and covenant ; that to enter into it will be utterly unlawfull unto them . concerning the matter of scandall ; they say that the taking of the engagement being lookt upon , as an infringement of former oaths , will blast the whole reputation of their persons , and of their ministery , and reflect with more dis-advantage upon the gospel , then bring advantage to the state : for which cause , they cannot yield to a subscription thereof : till either by a solemne debate about it ( as of the covenant ) or otherwise ; the scruples of their conscience be taken away . concerning the snare laid by superiours before their subjects ; and the prejudice redounding from thence upon the government it self ; it is not offered as a scruple , but rather as a warning to those that are in power ; that they should not imitate the episcopall severity and persecution in king james his dayes , and in later times , whereby they laid the foundations of ensuing evils to themselves and their people : and that they should not act against their professed principles in having no respect unto tender consciences . from all which premisses , they inferre a conclusion by way of supplication , put up to those that are in present power , that they may not be compelled , either to draw reproach upon religion , and vilifie the reputation of their ministery , or to suffer so high a penalty , as to be out-lawed of their birth-right for not subscribing the engagement . sect. iii. what strength of reason is to be found in the matter of these proposals , to draw on their conclusion . the conclusion , which the proposers inferre upon these proposals , is this ; we beseech you constraine us not to take the engagement by any punishment ; but suffer us to be in safety under your protection ; although we subscribe not the engagement , as you require us to do . if the rationall ground of this demand be inquired into , it will be found to stand in the arguments , which make good these three assertions . . that we ought not to subscribe the engagement . . that you ought not to punish us for non-subscription . . that we ought to have our birth right , which is the benefit of the laws of the nation , and your protection to that effect , though we subscribe not . if the reason of the first assertion be asked , viz. why ought you to subscribe the engagement ? the answer will be this ; because we are streigthned in conscience , upon the cases incident to the engagement , and cannot subscribe it without doubting ; which to do , in us would be sin by the apostles rule , rom. . what is the cause of your doubting ? the cause of our doubting is , . the sense of the engagement importing things greatly different from that , which we conceive to be our duty in respect of the present establishment . . the seeming violation of our former oaths . . and the matter of grievous scandall , which will be given to all sorts of people , against the gospel and our persons and ministery therein , if we be counted perjured in our former oaths ; which rather then to suffer , and to make the glorying of our ministery void , we should resolve to dye . for all which reasons ( say they ) we ought not to subscribe this engagement ; because to our thought , these are the consequences of the sense implyed therein ; nor can these inconveniences as to us be removed , except the consistency of this engagement with the former oaths , be made unquestionably evident . if the reason of the second assertion be asked of them , viz. why the rulers of the state ought not to punish them for non-subscription ? the answer will be this ; because governours though in highest authority , are bound to avoid the laying of snares and stumbling-blocks in the way of their brethren : and if these that are over us now , should do as our former governours did , to impose ensnaring oaths upon godly people , and enforce their subscriptions thereunto ; they may by that meanes in the beginning of their government , lay the unhappy foundations of ensuing troubles , to themselves and thir people ; as king james and charles and the bishops in former times have done . and then another reason why the subscription ought not to be enforced with a punishment ; is because the professed principles and resolutions of these that are in present power are to have respect to tender consciences , which in this case would not be rogarded ; if without considerations of these scruples , a punishment should be inflicted upon the non-subscribers of the engagement . and if it be objected : but what assurance can the governours of the state have of the non-subscribers peaceable conversation ? the answer is . . that the many years experience of the good behaviour , and faithfull service of the non-subscribers ought to be taken as a better security for their peaceable disposition , then a fained subscription which many yield unto . . that they plead for a forbearance from subscription only , till by a solemne debate , or otherwise ; their conscince shall be cleared of their important scruples . if lastly , the reason of the third assertion be asked . viz. why ought you to have the benefit of the law , and our protection to that effect , though you subscribe not to be true and faithfull to the common-wealth ? the answer will be this . . because we have been faithfull all along to the parliament , till now of late these stumbling-blocks are come in our way . . because we have been sufferers with you , and as much as any in the cause of liberty and reformation . . because we adhere still to our first principles upon which you did undertake to give us protection . . because we do promise to maintain the peace of the nation , and to pay obedience to the lawes thereof , whereof we crave the benefit . . and because notwithstanding all our former oaths and engagements ; yet we acknowledge not onely the necessity of a civill government in generall , for the preservation of humane society , and the prevention of out-rages which wicked men unrestrained would do to those that are peaceable ; but we consider also in particular , this government which gods providence hath set up over us , to be that under which we ought to live quietly and peaceably in our callings ; and to which we will submit in all things law full and necessary for common safety , without disputing the right and title , by which it standeth ; and seeing this is the duty , which we are willing to performe , we crave the protection due to such as behave themselves after this manner , although we subscribe not that engagement , which we conceive is greatly different from the tenor of these duties . this may be conceived to be the full strength and rationality of their plea : whereunto what by way of answer may be said ; shall afterwards distinctly appear in the re-proposals , and in the discovery of the way of satisfaction , to be given hereunto . sect. iv. what the straine of christianity is , which in the manner of the proposall is followed . the manner and way of proposing these matters , as to christianity seemes without offence ; the expressions being humble , modest , proper and grave ; the point of scruple solicitous , open and plain : and the matter of their professed resolution , without vanity or presumption , sad and serious , and although the title page , ( if it be supposed that the proposers of these doubts were also the publishers thereof ; and that the title page was appointed by them to be made as it is ) may seeme to contain something contradictory to the proposals themselves ; something unconformable to christianity , and something offensive to the superiour powers , which governe us at present ; yet it is more sutable to charity , to think that some inconsiderate zelot ; rather then any considerable company of learned and pious ministers of the gospel , was the publisher thereof , and the authour of the title page ; for it is not likely , that any true ministers of christ in a matter of such concernment , whiles they pretend to humility in their proposals ; would at the publishing thereof , claime to themselves the high titles , of learned and of divines : then which nothing almost could be counted more presumptuous in them , nor could any sting be found more injurious to wound the authority of their rulers with all ; then to brand their publick consultations , and the designes which they have for common safety ; with the-character which is given in psal . . to persecuting wicked atheists , viz. that they commune of laying of snares privily . but if any of themselves should have put forth these their own proposals ; with these high commendations of themselves ; and with so much despite against their superiours , to whom they seeme willing to be humble sutors for a favour ; then it may be judged not onely indiscretion and vanity ; but malicious hypocrisie ( even against the very matter and scope of their own proposals ) in him ( whosoever he is ) that hath thus done it . for if this stinging expression ( that they commune of laying of snares privily ) be the true meaning of the proposers of these matters ; and their positive judgement of the way of those to whom they offer their proposals ; it is apparent , that by the publishing thereof , they have none other aime , but under a faire pretence of reason and humility ; to commend themselves unto the discontented multitude , as learned and pious divines ; and under that notion , to foment in the popular weak apprehensions , the plausible prejudices , which the change of publick affaires hath begotten against the persons and the proceedings of their governours : which to cover , strengthen , and insinuate under a cloak of religiousness , and a colour of straitness of conscience , is as far from the truth of christianity , as that which to god and men is most abominable and hatefull . it ought therefore to be far from our thoughts , to suspect that any pious ministers of jesus christ ( who will one day reveale the secrets of all hearts ) should be accessary to any such contrivance ; but how far the publisher may be guilty thereof , and what a prejudice he hath cast thereby upon the proposals themselves , and what a jealonsie he hath raised against the single aime and christian intent thereof , is to be left unto his own conscience to be weighed in the presence of god . it shall no way in the least degree forestall my judgment in the consideration of the matters themselves by way of re-proposals ; nor my affection in the manner of representing the same to find a way of satisfaction thereunto . sect. v. what those who have subscribed the engagement , may justly re-propose unto these proposals . the ministers throughout this nation , who have judiciously and conscionably , as a matter of duty taken the engagement , may justly represent and re-propose to those , who seeme offended at them for so doing , this which followeth ; somewhat in imitation of their own stile , and in answer to these proposals . we ministers of the gospel of jesus christ , who have all of us from the beginning , sought faithfully the common good of the nation , and served therein the parliament , for the pursuance of the necessary ends of just liberty and réformation ; and have suffered heretofore many grievous things , in our names and estates from the common enemy ; and are now ( especially such of us as are posted up ) like to become sufferers of the like or worse things from our brethren , and friends hereafter . yet to this day we do constantly adhere to our first principles ; and are not staggered , either in resolutions or endeavours , to maintaine in our places and stations the peace of this nation , and to pay obedience to the laws thereof . we conceive it our duty in such a time as this , by all wayes of justice , of dutifullnesse , and of christian freedom with humility ; to preserve our inward peace and outward safety , by keeping a good conscience , in the case of the present engagement ; which we being required to take , and to subscribe could not refuse to do , as finding our selves obliged therunto , as to a duty whereof we can give this rationall account to all that shall desire to know , what our grounds are for doing the same . first , we have taken and subscribed this engagement ; because we hold our selves still bound , by our former solemn covenants and engagements , ( as taken by us in that sense , which their expresse words do undoubtedly declare ; which is most clearly sutable to their main ends of publick peace and safety ; and wherein it is at this time possible and lawfull for us to observe them ) to uphold the grounds of civill government in this land ; for the preservation of humane society , and prevention of all those evills , which the outrages of wicked men un-restrained would produce therein ; which is the whole effect of this engagement . secondly , upon mature deliberation we did perceive ; that the wise and holy providence of god , ( whose judgements are unsearchable , and wayes past finding out ) hath at this time against and beyond all mens former thoughts and expectations , shaken the foundations of this state , as it was a kingdom , and disabled that way of government and all that depends thereon , from affording any protection and preservation to any of the inhabitants of this land ; and hath inabled another forme of government to afford it ; wherefore we did conclude from the light of nature ; from the judgement of the learned ; from the practise of christians in former ages ; from our own principles ; and from our former engagements ; that it was the will of god , we should quietly and peaceably set our selves in our places and callings , to live under this government ; and to submit to it , in such things as are imposed upon , or required of us , by the powers which are in actuall possession ; being things in themselves lawfull and necessary , or expedient to the preservation of our selves and others . thirdly , because although we found others making a question of the way , how those who governe at present are come to the helme ; yet we conceived that in this case of the engagement , we were bound without disputing the right or title of those that are in place of magistracy ; to declare our willingnesse to be true and faithfull to the common-wealth of this nation , which now doth stand without a king , and house of lords : because we found this clear duty included in the obvious sense thereof . fourthly , because we clearly conceive , that there is no difference at all between the submission which the authours of the proposals themselves rightly acknowledge to be due to the powers , which are in actuall possession , and that which is required by the subscription to this engagement : for seeing the expresse words of the engagement give no ground , to interpret the act of subscription , beyond that which is a clear and known duty : therefore we think it not ( as to our consciences ) warrantable to interpret it otherwise ; but we rather think it contrary to a known duty , to make of a thing in it self lawful and necessary at this time , any scrupulous interpretation beyond what the words import ; or to suspend obedience from a duty , upon the conjecture of something which may be thought undutifull , when that which is to our conscience a known duty is apparent : upon which ground we declare , that we trouble not our selves , nor do we think it lawfull to stagger others in their thoughts ; with the inferences which the proposers make upon the subscription of the engagement , with reference to these queries . as how far it doth imply an approbation of the manner of the present establishment ; whether as effected by a full and free authority yea or no ? whether yea or no , it doth imply an active concurrence , and a ratifying consent of the people thereunto , further then what hath been already acknowledged to be due to the powers in actual possession ; by all that are in subjection under them , and depend upon their protection ? and whether yea or no , and how far it fastens an obligation to act to the strengthening and promoting of the government , which is at present , or may be hereafter established by the advantage of possible power ? we say , that to trouble our own , or other mens weaker consciences , with these or such like doubtfull conjectures to colour the suspension of our own , or occasion the aversion of other mens affections from yielding obedience to a clear and confessed duty , is not onely preposterous and contrary to the aime of healing breaches , and of advancing a publick good in this time of distraction ; but inconsistent ( as to our reason ) with the obvious meaning of the words , which are to be subscribed , and disagreeing ( as to our affections ) with the charity due , no lesse to superiours , then to other men , which is not to think evill when good may be thought of them . and lastly , it is opposite ( as to our spirits ) unto that wisdom which is from above ( the rule of our walking ) teaching us , to have pure and peaceable thoughts in all our actings ; to perform duties in godly simplicity , and without worldly wisdom ; to be gentle and easily intreated , to do good works without partial scrupulosity , and without hypocrisie . and upon these principles of true wisdom ( which we humbly conceive are not laid to heart , by our brethren in the third paragraph of their proposals ) we professedly wave all those scruples and the stumbling-blocks , which they have laid to themselves , and wherewith they have puzled others , upon this clear account ; that whenever the consideration of these things , which are said to be implyed in the subscription ( which we see not ) shall come before us , to be circumstantially considered for the edification of others , or the clearing of our own way ; we then shall be most ready to declare our sence therein , according to known principles and the circumstances , which god shall offer ; but in the mean time we think it answerable to the duty of christianity , that we should acquiesce in this plain and generall resolution ; that whatsoever hereafter shall appear to us in any of these doubtfull cases to be a truth , or a duty ; to be asserted or performed , for the good of the common-wealth ( under what forme , or without what forme soever we find it established ) we shall hold forth the same freely in word and deed towards all , behaving our selves therein accordingly in a peaceable manner . because to do otherwise , we think it so far from following a known rule of christianity in uprightness and simplicity , that it tends to nothing else but a prejudicate forestallment of our own and other mens thoughts , by the laying of snares and stumbling-blocks before them . the thing then which we re-propose to our brethren is this . that as we ingenuously conceive , there is no difference at all between the things which they themselves have mentioned to be duties of subjects to superiours , and the subscription required by the present authority to the obvious sence of the engagement : so we say to that which they call a difference , that notwithstanding this subscription , it is free for us in conscience to think differently of the manner of the establishment , according to that which our judgement and light doth or shall dictate unto us in reference to changeable circumstances , if onely at all times , and in all circumstances however changeable ; we engage our truth and faithfulness towards the publick good of the common-wealth under the same : whence we do acknowledge , that upon this engagement these consequences will follow , as to our consciences . first , that we are bound to approve of the present establishment , so far as the manifestation of our truth and faithfulness to the common-wealth , doth oblige us in our places to follow quietly our own callings , whether the authority over us be full and free or no . secondly . that we ought not to suspend and denie our active concurrence and ratifying consent to any thing which in the present establishment shall be offered and found lawfull and necessary for common safety ; being offered to us by the authority which is , especially because it is declared , that the originall of all just power is in the people : therefore conceiving that our consent is required hereunto , ( as being some of the people ) we judge it our duty in this sense to give it ; least we become accessary to the causes of disturbing our present peace or future settlement . thirdly , that we ought to be obliged in things lawfull , necessary and expedient for common safety to act at all times , in all places and capacities , to the promoting and strengthening of the establishment which gods providence hath set over us , and he hath inabled to afford us just protection . and seeing by this engagement , we think not our selves bound up by any words expressed therein ; to the particulars : ( of a full and free authority ; of the consent of the people ; and of the strengthening of another establishment , which may set it self up , &c. ) implyed and mentioned in the proposals : but meane to declare by our subscription , thus farre only as we have said , our approbation of , our ratefying consent unto , and our obligation towards the present establishment : therefore we conceive not that we do violate any of our former oaths , protestations or solemne league and covenant , whereunto by the former commands of parliament we actually were , or implicitely could be obliged , but we remember very well , and consider concerning the covenant ; both the time when , and the manner how , and the matter whereunto we were engaged by it ; and the sense wherein we then took it , and the asseverations that we should never be drawn from it by any terrour or combination whatsoever ; and the durable obligation brought upon our selves by it , even all the dayes of our life ; and the consideration which we had before our eyes in the taking of it ; namely , the glory of god in the first place ; the advancement of the kingdome of our lord jesus christ , in the second place ; & the happinesse of the king , and his posterity , as subordinate , and in order thereunto ( by the liberties of the nation preserved ) in the third place ; all which things , as we did formerly , so we do still duely consider : and find by the changeablenesse of publick affaires upon circumstances , which gods providence hath ordered for judgement over some , and for mercy towards others ; and by the unsut●blenesse of the late kings wayes with the kingdom of jesus christ , and the inconsistency of his course with the publick welfare of this nation : that the present frame of the state which now is , though different from what then was , hath not been set up by any breach of covenant : and that the engagement whereinto we are entered , to be true and faithfull to this common-wealth , as it now is ( viz. ) established without a king , and house of lords , hath nothing at all inconsistent with the former engagements ; or doth give us the least cause to carry about with us a conscience ( as to these things ) trembling and doubtfull , because we finde our selves free from all guilt of the least intention of violating any former promises , in things which are possible and lawfull to be done by us in our places ; which were unalterable conditions of all humane promises , at all times presupposed and implyed therein . nor is there now ( to our understanding ) any parity of reason ; in that which we at this time do , to that which would have been if we had done the like in time past : for although it would have been undoubtedly inconsistent with our covenant at that time ; when king , lords and commons made up a parliament , to have subscribed any engagement to the king & lords ( if it should by their agreement & authority have been required of us ) without the commons of england , because the covenant did expresly subordinate the relation which we had to the king and lords , unto the relation which we had to the common-wealth , yet now it cannot be understood to be inconsistent with the tenor there of ( when there is no king nor house of lords in being ) to be without them engaged to the common-wealth : because we never understood our selves otherwise engaged , nor could we justly by any covenant or oath whatsoever be otherwise engaged to them ; but in order to the common-wealth , and as they were true and faithfull to the same . therefore there is no parity of reason in that , which then would have been to that which now is ; neither in respect of the fundamentall relation of being eq●ally engaged to them , and to the common-wealth : nor in respect of the comparative relation , in cases of division and opposition , which was our condition a while ago : nor in respect of the present circumstances of our establishment , wherein there is none other power and authority visible , but that of the commons in parliament , as representatives to that common-wealth ; to which at all times , in all cases and capacities , we finde our selves undoubtedly obliged to be true and faithfull ; that is to say , willing and active to procure the peace , the safety , the plenty , and the welfare of this nationall society , in a parliamentary way , whether it be with , or without a king and house of lords : nor can any just desire of the personall prosperity of a man capable of being on a throne , or of men called lords , ( which yet we do not wish any should be deprived of in what is their just due ) be justly laid in the ballance by us , with that faithfulnesse which we owe to the whole common-wealth : nor can the present want of them , or any thing which they can claim justly , prejudice the truth of our affection , towards the publick weale of the nation in a way without them , no more then their presenct heretofore did take us off from aiming at the same publick weale of the nation , by the way wherein they formerly stood . there can bethere fore no parity of reason found , why the engagement to the one should sway with us as much as to the other , although the king , and lords-house were in being , which the former engagements did presuppose : but now this presupposall failing without our guilt , and by their own miscarriages against the common-wealth , all the engagements by which we were bound unto them , are ipsofacto , made void ; and our present engagement to the common-wealth , and parl , therein , is still the same which it was ; nor could any covenant or oath ever alter it , nor did any of us ever intend to infringe it . therefore we shall further re-propose unto these proposers almost in their own-words , that these things being thus considered ( as we conceive them to be truthes clear and unquestionable to all rationall mens capacities ) in the nature of this engagement ; and in the full relation wherein it stands to former engagements , cannot in our judgements minister the least matter of scandall or offence to any man whatsoever , either good or bad : who although they are not able to make , or happily so much as to understand subtile distinctions , ( for we make none , nor need we to seek for any ) whereby guilt may either be evaded or palliated ; yet we hardly can imagine , that any will be so irrationally and unconscionably injurious to us , as to look upon us , as breakers of our oaths and covenants in this case ; or as prevaricators of the most sacred and solemne things ; or as men of ductile spirits unto evill ; ( for to be ductile to our duty is our glory ) or of prostituted consciences , or led by principles of fear or interest ; which prejudices ( seeing it cannot be denied , that they are only founded upon the ignorance and mistakes of some men ; and upon the malicious informations and wrongfull suggestions of others , and not upon any solid or just reasons : therefore they ) do grosly wound the gospell ; and such as raile at us , or post us up to be persecuted ; and proclaime us to be perjured ; wrong us their innocent brethren , and expose our ministry to scorn , ( the honour whereof ought to be dearer to us then our lives ) endanger the reputation , and so weaken the power of it in the conscience of our hearers ( who in these times of distraction are soon perswaded to have low thoughts of their ministers ; chiefly when ministers themselves study to make one another contemptible ) as that it needs must be believed , that both christ , and the state also , will be greater loosers by their disorderly carriage against the subscribers of the engagement then either they , or any body else ; can be gainers by their nonscribing of it . we shall desire alwayes with our brethren , and we hope no lesse then they , to keep in mind the noble resolution of the apostle ; who would not in case of scandall use his own just power , but chose freely to suffer all outward inconveniences to himselfe , rather then to hinder the gospell of christ ; concluding that it was better for him to die , then that any in that behalf should make his glorying void : but he never chose to neglect any part of a necessary duty , for fear of any kings or lords displeasure ; or for the apprehension of any unjust reproaches , to be cast upon himself by other men although perhapsbrethren , he was resolved , and did conclude in this case , to go through evill and good report ●nd rather to suffer bonds & death , then not to procced in the work of his calling according to his conscience : nor could any combination offew or of many brethren together , take him off from such a resolution ; although otherwise in matters free to be done , or to be left undone as might tend to edification , he was of a most ductile spirit , and of a most facile and yielding disposition . cor. . , . . . we shall therefore again say with the proposers in our case ; that upon these and such like grounds purely consciencious , and not out of any private interest or design ; but for the manifestation of our affection towards the peace of this common-wealth we were not necessitated to forbear ; but were free to yield obedience to the subscription , which was required of us . and although how we need not for our ownsatisfaction , to desire any debate about the engagement ; yet if any shall desire a friendly conference with us about the same , we shall no manner of way decline it ; but rather further it on our parts , that it may be rightly ordered unto edification . as concerning the ensnaring oaths , and subscriptions offered by former governours ; we truly desire they may be duly considered , and that the just judgement of god brought upon those , who without respect to tender consciences did presse them , and lay them as stumbling blocks before their brethren , may be apprehended and seared ; but we conceive , that the requiring of a generall promise from subjects , to performe an undeniable and unquestionable duty to the communalty wherein they live by these that have the power of affording , or refusing civill protection to them , is not of the same nature with those former oaths and subscriptions , which former governours did require ; for the former did relate unto matters of religious concernment ; and not unto matters meerly civill , as this latter doth ; and then it is one thing , to seek advantages against those whom we would entrap : ( which was the episcopall designe in their canons ) and another thing , to lay the foundation of mutuall trust and confidence , between those that are to make up one body politick together ; for a● this subscription doth tend to nothing in it self , but this : so we are confident . that it is not proposed to any other end . therefore we are full of hope , that none will smart for it ; but such as are wilfull disturbers of the publick peace and safety : and that none may be found in such a categorie , our work shall be to gaine all men to their duties , by a clear conviction of their understanding concerning the truth , and faithfulnesse which they owe to the publick : nor shall we delight to make any odious , for not subscribing towards those that are in authority , as we are made odious rowards the multitude for discharging our conscience in subscribing ; but we shall rather condole with such , as conscionably abstaine from subscribing ; being grieved , that by their own default in duty , or weaknesse , they should be cast upon the sad dilemma , either to be lyable to the displeasure and just jealousie of their superiours ; or to be under the trouble of their own spirits ; which the fear aswell of sinning , as of chusing affliction doth bring unto men of conscience and ingenuity : and that these inconveniences may be avoided , we shall on the one hand pray and interceede for them ; that the many yeares exprience of their quiet behaviour and faithfull services , may be accepted towards a just degree of security , and assurance for future peaceablenesse : and on the other hand , we shall also exhort and intreat , that as none should subscribe faignedly to the profession of their duty : so all may do it sincerely ; but especially such , as hitherto have been faithfull to the cause ; and amongst all these most chiefly , such as stand piously for the testimony of jesus , either in the classicall or congregationall ministry : lest through their failing in this kind , some that watch for advantages against the office of the ministry it self ; and from their least haltings , make use of opportunities , ●o powre contempt upon the function ; may not see their hearts desire brought to passe against them . thus then we , who at present , upon these considerations to our consciences satisfactory ; and before all men justisiable , are free to subscribe the engagement as our duty ; do lovingly , as brethren , beseech those that subscribe it not , not to censure or asperse us ( whose reputation is as necessary for others as a good conscience for our selves ) to be men that draw reproach upon religion ; and vilifie the reputation of the ministry , by which the service of jesus christ is advanced ; nor cause others to think of us , that we esteme oaths as changeable as opinions , and so brand us with the odious marks of equivocation and prevarication , nor to subject us unto the contempt and hate of all , as men of loose and uncertain principles ; and we shall endeavour ( so far as god shall give us favour with out superiours ) to procure to them , the grant of their equitable desires ; that none of them may be out-lawed , untill by wilfull violation of the lawes they deprive themselvs of the protection , and forfeit the benefit thereof ; which we should be exceeding sorry for their and the gospels . sake , to perceive in any of them . sect. vi . what course may be taken to give these scruplers full satisfaction . in the fore-going section , the subscribers have apologized for themselves ; and i have said in their name , that which i am perswaded all may , and most will assent unto ; to wipe off the odium , and foul aspersions which are cast upon them for their forwardnesse to do their duty . now i shall humbly offer something further , towards the satisfaction of these scruplers ; that if the re-proposals of the subscribers , clear not their doubts sufficiently ; some other overtures may not be wanting to ease them of the same , and induce them to the performance of their duty . if then , in charity to them whom i esteem brethren , and in prudency to our selves , for the preservation of publick peace , by some mutuall assurance of fidelity between fellow-subjects ; it is expedient to think upon some satisfactory course , how to prevent further devisions , and heale ( if it be possible ) our breaches : left the common enemy both of religion and liberty , get his fit opportunity , by co-operating with our failings , to set us aworke to destroy each other , who together have co-operated hitherto in the common cause of reformation , and just liberty ; if ( i say ) this be expedient to be thought upon , i would humbly suggest , towards the removing of these scruples ; whether conscientiously by single-hearted brethren , or politically by some others who have double designes entertained ; these ensuing motions . . because no man can possibly receive full satisfaction in any thing , except he will uncase himself that all his doubtings may be known to those that sincerely study his content ; therefore our brethren who make these proposals are to be intreated to declare ; whether yea or no these be all the scruples , which they have against the subscription to the engagement ; so that if these be removed , nothing will further hinder their subscription ? . if these are all their scruples , and that nothing is further desired but the removall thereof , then our brethren are in the next place to be intreated further to declare ; whether they have in their eye any way of clearing these doubts , by which they conceive ( as knowing themselves best ) their satisfaction if it were followed might arise , and wherein their conscience would acquiesce ? as for example whether a well-ordered treaty , to remove mis-understandings , and to determine , by known principles , matters of duty , will do it yea or no ? or whether they conceive that nothing will satisfie their doubtings , and embolden them to subscribe , but either such a declaration to be made by the supream power , upon the engagement , as they shall rest contented in ; or else such a liberty to put in their own cautions , their limitations of performance , and their interpretation of the sence wherein they take it ; that in a manner they shall have their own will wholly , without yielding any thing at all to the will of their superiours , to give them satisfaction ? if they will not answer any of these queres , but will keep a hidden reserve of doubts ; or if nothing but one of the two last proposals , will be esteemed satisfactory : then it is evident , that in the proposers aime there is no sincerity ; for although they seeme by their proposals , to seeke satisfaction to themselves , and a way of agreement with others ; yet because they manifestly obstruct all the rational meanes of clearing thir own doubts ; and refuse to deale ingenuously towards the obtaining of an equitable satisfaction from others , in that wherein they pretend to be scrupled , it may justly be concluded , that these scruples are onely proposed to colour a wilfull resolution of non-subscribing , and of standing at a distance from under the present power ; and that consequently there is some further designe in hand as to state-affaires , tending to a future breach ; which how beseeming it may be to the humility and piety of such as are called learned and pious divines , to have a hand in , and what conscience it will be in them to cover it with the mask of tenderness of conscience ; i shall leave to the judgement of all single-hearted christians to determine . it is a sad thing to consider , how far some men , who want not parts ; and who undoubtedly are truly godly for the main ; are led sometimes ( in the agitation of the affaires , wherein a party which they do affect is in●eressed ) away from the simplicity of the gospel to play the politicians , and it is neither well credible to others , nor at all discernable by themselves ; how far when once they begin to warpe from the way of christian simpicity , and pure love to their duty ; the motions of their own passion ; the plots of other men ; and the designes of opposition against those whom they dis-affect , will insinuate themselves into their very consciences , under the pretence of piety and zealousness for religion ; which they falsly first imagine to be the cause they have in hand , and then in favour of this imagination they rashly licenciat themselves unto many things ; whereof in the day of their account they will be troubled to find a justifiable acquittance . but supposing as i ought to do , that in these proposers there is nothing under the deck ; but that in this modest and dis-creet way , the plaine truth and all the truth of their grievances , at the subscription is represented above board ; i shall now point at the means , which in a faire treatie , i conceive may produce unto them so much satisfaction , as in equity they can desire ; that they may have cause to deale ingenuously , either by accepting of that which is offered , if it may be procured , or by excepting against it , if it seem not satisfactory ; in which last case , i think it would be fair dealing in them , not only to alleadge their reasons , why they are not satisfied with what shall be offered ; but also to make their own demands , wherein at least they will rest satisfied ; for to lye only at the word of excepting , is an unreasonable posture in treating between two equals , when both are alike concerned in a matter of difference , far more then it is unreasonable when subjects by a treaty make their application toward superiours , and seek to gaine the favour of some equitable satisfaction from them in a matter of such concernment ; which imports no lesse then either the losse or the assurance of all their outward protection and safety . and seeing to stand alwayes on the excepting , and not at all on the offering or accepting hand , is a frame of spirit not onely unfriendly amongst the members of the same communalty , but altogether unsutable to the profession of christianity ; and also most of all unbecoming the worke of the ministery , and unproportionate to the wayes of peace and mutuall confidence amongst brethren ; therefore , i shall not be so injurious as to suspect any of them of any unwillingnesse to treat in a faire way ; nor shall i imagine , that any sinistrous designe is hatched by the matter , and the proposing of these proposals in the mind of a discontented party , to strengthen the captions , carping , peevish , and excepting humour of the times . i say , i shall not suspect any such thing , although to a jealous eye ; the matter thereof compared with the aime therein , and the covered close way of dispersing the same amongst the doubtfull multitude ; and at a time whiles petitions to gaine delayes , and respit for further resolutions , are presented to superiours , may look somewhat suspitiously . yet ( i say ) for all this i shall not suspect that any designe contrary to peaceablenesse , is fomented thereby in the affections of any : nor shall i wish , that upon the appearance of such a cause of jealousie any strictnesse should be used in the settlement of this businesse ; but i shall rather pray , perswade and exhort , that on both sides , the open carriage of all matters , as in the presence of god , may take away or prevent as well the appearance of subtile contrivances on the one hand , as the surmises thereof on the other : for both these equally blast the hopes of unity , and the grounds of amiable confidence in all men who are at a distance one from another ; for which cause i shall be a most humble sutor towards all sides , that on all hands , not only a friendly treaty may be set afoot , and chearfully assented unto ; but that whiles matters of just scruple are taken into consideration , therein to be resolved by known and predetermined rules ; the matters of clear duty in the interim may not be suspended or intermitted on eithersides , because all our danger lies in the neglect of common known duties , more then in any thing else : for if we would but do that which we confesse we ought to do , and which we wish others would do to us ; there would be no doubt a speedy healing of our breaches : nor can there any good reason be given why i should suspend to act a known duty in that wherein i am not scrupled , because i ought to be left free to abstain from acting in that wherein i am scrupled : that which in christianity is clear and positive , is alwayes to be intended before that which is dark and negative : nor may i with a good conscience , refuse to follow the light which i have in the main of a duty , so far as it is practicable ; because i want some light in some circumstantiall cases , which may fall in , as to me , to be unpracticable . if therefore this ground can be laid and assented unto , that whatever we shall agree upon to be a clear and undeniable duty in christianity or morality , shall be practised for it selfe , not withstanding all other differences or defects falling in among us , and that in the disquisition of matters we shall proceed alwayes first to determine that wherein we fully agree , before we mention matters of dis-agreement ; i am confident that we shall finde so much cause of satisfaction and assurance in each others resolutions and engagements of that kind , that the different apprehensions of matters which now seem extream ; and through our mutuall mistrustings of each other , are like to be the utter ruine of both , will be found very inconsiderable , and such as will be wholly swallowed up by the grounds of mutuall assurance which naturally results from every faithfull engagement , to practise things wherein there is a full agreement between parties ; for the not doing ( as i said before ) of that which in our places we should do with singlenesse of heart , without contradicting and contesting one with another , about that wherein we suspect each other ( as aiming at that which we should not do ) is the originall and great cause of all our distraction and unsettlement ; which if we could intend to redresse and remove ( viz. by overcoming evill with good ; that is , the feares of evill designs and enterprizes , with good motions and engagements unto unquestionable duties ) there is no doubt but we should find a cleare way to peace and reconcilement : this therefore is the course , which i would suggest to be followed , between those that are scrupled at the engagement , and those that are not scrupled at it , in their friendly conference and treatie , viz. first let matters of agreement be proposed , understood and ratified , in things positive and negative . secondly , let there be a professed engagement , to practise that which is answerable unto their agreements , and tending undoubtedly to edification between them . thirdly , let matters of disagreement both positive and negative be thought upon with these two cautions premised to prevent a breach . first , that no disagreement in judgement or practise , shall make void the dutifull engagement , to follow joyntly the matters of agreement . secondly , that to take away the offences , which may arise upon the differences of opinions and practises , some rules are to be pre-determined ; whereby contentious debates about the same may be prevented , and whereby the right use of christian , of morall and of rationall freedom therein may be setled . if therefore those pious and learned brethren , whose scruples against the engagement , being thus proposed , have a great influence upon the minds of others , to make them scrupulous and disaffected at it : if ( i say they would condescend to the overture of such a treatie , ( which hither to some have not been willing to do ) i am very confident through the blessing of christ , that an expedient would easily be found to settle their doubtfull thoughts ; and so to make all others willing to yield unto their superiours , that ground of just assurance and acquiescence , for which the engagement by them proposed , is requisite . and this is the course , by which those that are ingenuous may receive satisfaction , if they seek it as they ought ; but if any doth scruple more through policie then pietie , this course will not be liked of , because it will crosse their design ; which is , to keepe the minds of the weaker sort in a staggering condition , that they may not close to any settlement ; but lye open to all manner of changes : i shall not charge any of the authors of these proposals with any such designe ; yet i cannot absolve all of them from it ; for i may as lawfully suspect them in this matter as in any other matter i may do mine own heart , whereof although i know none evill ; yet i shall do my self no injury , to say , that yet there may be some mixture of deceitfulnesse in it , when i thinke my meaning is at the best ; for the apostle himself would not take upon him to justifie himself in all things . i know ( saith he ) nothing by my self , yet i am not thereby justifie ; but he that judgeth me , is the lord . so i may without offence say , of the proposers of these scruples , that although i know nothing by them , but judge charitably that their scruples as to them are truely conscientious yet i must also say , that thereby they are not justified from the mixture of collaterall designes ; but that it is the lord who will judge them . the maine of the businesse may be truly a doubt of conscience ; and yet the managing of it , in the hands of some may be somewhat else ; nor do i wrong the christian charity which i owe to all or any of them in this ; because it is lawfull for me to be jealous over them with godly jealousie lest by any meanes , as the serpent beguiled eve by his subtilty : so their minds should be corrupted from the simplicity which is in christ and truly to look but upon the matter it self , by comparing the former and latter parts of the proposals together , a doubt may be made thus ; that seeing the maine scruple where at they stick , is not so much against the duty expressed in the words of the engagement ; which is , to be true and faithfull , or against the object of the duty considered in it self , which is this common-wealth : or against the immediare qualifications of the object and of the duty ; which are , as it is now established without a king and house of lords , which are acknowledged to be the effects of gods providence ; but onely against the act of subscribing to the whole , in reference to some state-considerations and consequences following thereupon ; which tend to nothing else , but to suspend the minds of men , and take them off from the regular performance of a present duty , by the conjectural apprehensions of doubtfull inconveniences which may ensue as to the state . therefore it is not without a rationall ground of jealousie ; that although the matters proposed , may be reall scruples of conscience , and rationally reflected upon by some without prejudice ; yet that in this proposing of them , as to the disposition of the matter , to fetch about this form of speech , the hand of joab may also have been in it , for some selfe-interest of state . and this may be thought the more likely to be true , if we observe two things . first , that the words of this engagement ( which are scrupled at , and said to be contrary to former engagements , and the duties mentioned in the second sect. ) are not at all once alleadged ; to shew distinctly , wherein the mentioned contrariety doth stand ; but the objection is made confusedly against the act of subscribing to the words , according to that prejudice which the vulgar hath taken up against them in a generall notion . herein then the subtilty of the policy doth lye : that the matter should be couched in such a way , as doth most commodiously favour that notion , and strengthen it : which in men of learning , conscience and piety , feeking a clearing of doubts , doth not seem to be faire and plaine dealing , and therefore may be thought to have somewhat of a collaterall designe . secondly , we may observe also , that if the thing clearly professed in the second sect. of the proposals to be a known duty , had been really intended , and resolved upon to have been practised at this time no lesse then in generall termes acknowledged to be a thing at some time lawfully practicable ; there would not have been any inclination to do two things which here are done ; not without some contrivance . first , the performance of duties confessed to be due to such superiours , as are in places over us , and by a people in our case under them , would not have been per indirectum denied to be due by us unto them . secondly , the words of the engagement upon which the whole stresse of the scruple is said to lye ; and for which that which is confessed to be due to others is denyed to our superiour powers , would not have been suppressed , and left in the dark as they are ; but clearly mentioned and alleadged as they are not , lest the falacy of the pretended scruple should appear . for if the duty acknowledged in thesi , had been applied to the hypothesis of our present condition , and the duty required in the words of the engagement had been compared therewith , the pretended matter of scruple , would by the full agreement of the one with the other , havebeen found apparently impertinent : but it may be conceived , that the matter is laid thus before the pre-possessed reader , or weak discerner of such contrivances ; to the end , that upon a full acknowledgement of a just duty , and a willingnesse to perform the same , in a case like to ours , the iniquity of that which is supposed to be required of us , by the engagement ; may be heightened in mens apprehensions , who are easily swayed to receive the worst impressions of those that are in places of power over them : by how much then they seem to yield to a rationall duty , and be of an equitable disposition towards their superiours , by so much they prevaticate against the intention of the engagement to make it to be thought altogether contrary to reason and to justice ; by a slye concealing of the words , and a suspitious interpretation thereof , suggested , as containing matters very far different from the acknowledged duty , and wholly opposite to former engagements . whereas in truth and deed , there is no such thing aimed at by the engagement , nor implyed in the words thereof . so that from the third paragraphe of the proposals to the end thereof ; the whole matter and contrivance of the discourse may be thought ( and yet without doing injury to the authours ) nothing else but a politicall stratagem and sophisme grounded upon the mis-application and mis-interpretation of the engagement and covenant , to entangle weake and undiscorning consciences ; and to keep up the spirit of dis-affection in the mindes of the multitude under the pretence of scruples of that kind . the thing then to be offered to obviate the deceit of this politicall contrivance of the bosinesse , and to give satisfaction ( if it can be admitted ) to this politicall scrupulosity of conscience is this : that the words of the engagement in their plain sense ; which imports a clear duty , are to be confronted with that which in the second sect. they confesse to be consonant with the will of god , with the light of nature , with the judgement of the learned , with the practise of former christians , and with their own principles and former engagements : and then if the duty mentioned in the engagement doth run wholly parallell , as the case now stands with us , to that which they yield to be a duty as they state the case in generall themselves ; then they should be made to reflect upon themselves , that they ought to be satisfied in this ; that by taking the engagement , nothing is farther required of them then what they proclaime themselves , to be a performable duty in such a case . but if their politicall contemplations of the meaning of the engagement , through the sinister prospectives & jealousies which they take up , and foment against their superiours , by an uncharitable mis-construction of their aimes ; will not suffer them to acquiesce in this parallelisme of the engagement , with what they acknowledge to be lawfull ; then a further course may be taken , and shall be offered unto them , if they will intend to bring matters to a faire tryall and issue , and that is this : that the consequences , which they say are implyed in the words of the engagement , may be taken into consideration and examined in three respects . first , how far the words of the engagement , do import in the ordinary acception by an indifferent judge , any such matters , as they say are implyed therein . secondly , how far , if the words should import any such matters in any sense , the performance of the engagement in that sense , is agreeable with the duties mentioned by themselves in the . sect. performable by subjects towards their superiours , in the case they are supposed and wherein now we are . thirdly , how far the covenant and former engagements , wil be contradictory or not contradictory to this engagement , although the consequences here said to be implyed therein , should be granted to follow thereon . in all which matters , if upon known grounds and principles of christianity and rationality , a regular way of disquiry may be followed , as it becometh divines within their bounds , in reference to conscience , modestly , and not as it becometh states-men , in reference to interests , suspiciously , and if they will ingage to stand or fall to the issue of that disquiry ; i dare in the fear of god , undertake to let them see satisfactory grounds , whereby their scruples will be cleared , and wherein consequently their consciences ought to acquiesce , if they will not subordinate the inclinations thereof , to an affected scrupulosity for the love of a party . for that all this contrivance of the proposals , is like unto the hand of joab in the mouth of the woman of tekoah ; to bring about a designe , rather then to receive a single-hearted satisfaction for themselves ; is neither irrational to think , nor uncharitable to say , but just and equitable in prudencie to suspect : and here we have a clear example of a smooth and handsome conveyance of a state-business , under a ministerial cloak and pretence of religiousness , not in , but out of the pulpit ; which is one of the things which in another larger treatise , i have shewed to be one of the main causes of our present distempers and confusions ; namely , when ministers meddle with state-matters , either in their pulpits a●… were authoritatively , or out of the same more subtilly in such a way , and to such a purpose as this ; therefore to rectifie the fundamentall error of the aime and design of these proposalls , as to state-matters , let me referre the ingenuous reader , but especially these learned and pious divines , to an unprejudicat perusall of that treatise ; wherein if any shall show me , that i have wronged the profession , or unjustly taxed the practise of some , or mistaken my way in seeking peace & truth , to heale our present breaches ; i shall professe my self to be very much beholding to him . upon this whole matter then i shall professe thus much ; that although i thus trace in the spirits of these proposers by the matter and contrivance of their proposals such an inclination to meddle in state-affairs , which is unsutable to their calling ; yet that i have no prejudice against them in my heart for so doing , nor do i intend , to fasten upon them any charge of false and fained pretences of being scrupled , otherwise then indeed they are ( for i believe truly that they are thus scrupled , and puzzeled in conscience about their own imaginations concerning state-matters , rather through weaknesse and custome , and want of a rule to discern the motions of their own spirits , then through any set aime , to take upon them the management of state-matters ) but i look upon them , as the frame of their thoughts represents it self and them by their way unto me ; whereof i have discovered the rationality , the christianity and the policie , to shew , that in all respects satisfaction may be given them , if they desire it ingenuously ; and that if their spirit by the deceitfulness of error is led forth unadvisedly , in another way then they ought to walk in , that that also can be discovered ; for there is nothing hid but it shall be revealed : and being revealed , a rule may be found to rectifie whatever is amisse therein . i shall therefore for mine own part , not refuse ( if they will needs insist upon their politicall scruple , and thinke that their consciences ought to be engaged , into those state-considerations ) to deale with them upon their inferences from the words of the engagement , which is their own weapon onely with this caution ; that we shall not take opon us to become such absolute judges , of the wayes of those that are in places of magistracy , as to make our own interpretation of their wayes a rule of all obedientiall dutifulnes in our selves or other subjects , to bind thereunto as to a law , our ●onscience above christianity and morality ; and that in speaking of the actions and intentions of superiours we shall be no lesse charitable to them , then we would have others to be to us , or we should be to other men ruling in another place in such occurrences of publick affairs , with this proviso , their scruples even upon such politicall contemplations as they meddle withall , shall , if they please , be taken into consideration ; although we shall be in very great danger to go beyond the line of our calling , and every foot to go out of our way ; which my chief study is in all these agitations of matters by known rules to prevent : which the lord direct us by the light of his countenance , not onely to intend , but also to do , to the advancement of his glory , and our mutuall comfort in the way of righteousness , amen . finis . the printer to the reader . the treatise mentioned by the author a little before the ending of this discourse , is a large disquisition of the rules , by which all debates amongst christians in generall , may be agitated without offence ; and by which in particular , our present controversies may be composed , by a full discovery of the duties of magistrates and ministers towards the publick , and to each other in our present distracting occasions , wherein few men study a rule ; but almost all are carryed by meere interests . printed for rich. woodenothe , at the sign of the starre under peters church in cornhill , . notes, typically marginal, from the original text notes for div a e- the occasion and inducement to write this treatise . the scope thereof . the things to be handled therein . in the proposals . sect. i. sect. . sect. . sect. . sect. sect. . sect. . sect. - sect. . the mair● conclusion of the proposals . and three branches of it . the arguments proving the first branch . the arguments proving the second branch . the arguments proving the third branch . that the things proposed , as to th●… matter and manner of uttering the same , is not a●… all offensive but that th●… title page and the publication of th●… proposals , 〈◊〉 offensive , 〈◊〉 published b●… the authour of the proposalls themselves . who the subscribers of the engagement are . the grounds and inducements of their subscription to the engagement . . because the former : engagements oblige them to uphold the foundation of civill government . . because god hath altered by an extraordinary way , the government of this state , from a kingdome to a common-wealth , whereunto obedience is due . . because obedience is due to the publick power , without disputing their title . . because the words of the engagement are not to be otherwise interpreted then as they contain a clear duty . and the proposers interpretation of the engagement is undutifull . reasons why none should interpret the engagement as the proposers do . . cor. . . cor. . . jam. . . an answer to the . sect. of the proposals , by way of reproposal . re-prosall to the . sect. of the proposals relating to the breach of covenan● . belating to the parity of reason , said to be between the engagement to king and lords , without commons , and to the commons without king and lords . the reproposall to the . sect. of the proposals relating to matters of offence and scandall . and relating to pauls example and resolution . act. . v. . . & ch. . v. , , . act. . v. , till . and to the grounds of conscience , and to the motion of a treatie . re-proposal to the . sect. relating to ensnaring oaths . re-proposal to the . sect. relating to tender consciences . and to the way of security for peaceablenes . re-proposal to the . sect. concluding the whole matter . why a course of satisfaction is to be aimed at . to satisfie scruplers , all their scruples must be first known . then they themselves should declare their sense of that which may give them satisfaction . what to be judged of the scruplers , in case they will not declare themselves to the matters forementioned . how it comes to passe that some ministers play the states-men . in case the scruplers be plain dealing men , what ought to be their beheaviour in reference to a treaty . why matter of duty should not be suspended but effectually intended during 〈◊〉 treaty , and not withstanding some differences . ●…m . . . ●…hat things ●…ould be ●…andled in ●…he treatie , and in what ●…rder , if we deale with men of ingenuity . but in dealing with men of policie th●… course will not take . why the scruplers may be suspected though not charged with policie . cor. . . cor. . . sam. . . and how their politicall scrupulosity and conscientious imaginations of this nature are to be satisfied in the generall . and also in particulars . sam. . a treatise, shewing that the soveraignes person is required in the great councells or assemblies of the state, as well at the consultations as at the conclusions written by sir charles cotton. cotton, robert, sir, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing c ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing c estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a treatise, shewing that the soveraignes person is required in the great councells or assemblies of the state, as well at the consultations as at the conclusions written by sir charles cotton. cotton, robert, sir, - . [ ], p. s.n.], [london : . caption title: the right vvorshipfull sir robert cotton, knight and baronet, his speech in parliament. filmed also in james howell, cottoni posthuma, . reproduction of original in huntington library. eng prerogative, royal -- great britain. great britain -- politics and government -- - . a r (wing c ). civilwar no a treatise, shewing that the soveraignes person is required in the great councells or assemblies of the state, as well at the consultations cotton, robert, sir c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion a treatise , shewing that the soveraignes person is required in the great councells or assemblies of the state , as well at the consultations as at the conclusions . written by sir robert cotton , knight and baronet . in domino confido printer's or publisher's device printed in the yeare . the right vvorshipfull sir robert cotton , knight and baronnet his speech in parlament . that the soveraignes person is required in the great councells or assemblies of the state , as well at the consultations , as at the conclusions . since of these assemblies few dieries or exact journall books are remaining , and those but of late , and negligently entred the acts and ordinances only reported to posteritie are the rolls . this question ( though cleare ) in generall reason and conveniencie must be wrought out of , for the particular out of such incident proofes , as the monument of storie and records by pieces learne us . and to deduce it the clearer downe , some essentiall circumstances of name , time , place , occasion , and persons must be in generall shortly touched before the force of particular proofes be layd downe . this noble body of the state ( now called the houses in parliament ) is knowne in severall ages by severall names . concilia , the councells in the eldest times , afterwards magnum , commune et generale concilium , curia magna capitalis et curia regis : sometimes generale placitum , and sometimes synodus , and synodalia decreta , although as well the causes of the common wealth as church were there decided . the name of parlament ( except in the abbots chapters ) was never heard of unto the reigne of king iohn , and then but rarely . at the kings court were these conventions usually , and the presence , privie chamber , and other room convenient for the kings in former times , ( as now ) then used : for what is the present house of lords , but so at this day ? and was before the firing of the palace at westminster about . h. . who then and there resided . improbable it is to beleeve the king excluded his owne privie , and unmannerly it is for guests to barre him their companie , who gave to them their entertainment . it was now at first ( as now ) edicto principis , at the kings pleasure . towards the end of the saxon , and in the first time of the norman kings it stood in custome-grace , to easter , whitsuntide , and christmas fixed : the bishops , earles , and lords ( ex more ) then assembled : so are the frequent words in all the annalls : the king of course revested with his imperiall crowne by the bishops , and the peeres assembling , in recognition of their preobliged faith and present dutie and service ; untill the unsafe time of king iohn ( by over-potent and popular lords ) gave discontinuance to this constant grace of kings , and then it returned to the uncertaine pleasure of the soveraigne summons . the causes then ( as now ) of such assemblies , were provision for the support of the state in men and money , & well ordering of the church and common-wealth , and determining of such causes , which ordinarie courts nesciebant iudicare , ( as glanvill the grand iudge under h. . saith ) where the presence of the king was still required , it being otherwise absurd to make the king assentor to the judgements of parliament , and afford him no part of the consultation . the necessitie hereof is well and fully deduced unto us in a reverend monument not farre from that grave mans time , in these words , rex tenetur omnimodo personalitèr interesse parliamento , nisi per corporalem aegritudinem detineatur , and then to acquaint the parliament of such occasion by severall members of either house . causa est quòd solebat clamor et rumor esse pro absentiâ regis , quia res damnosa & periculosa est est toti communitati , parliamento , & regno , cum rex a parliamento absens fuerit : nec se absentare debet , nec potest , nisi duntaxat in causâ supradictâ . by this appears the desire of the state to have the kings presence in these great councells by expresse necessitie . i will now endeavour to lead the practise of it from the darke and eldest times to these no lesse neglected of ours . from the yeare . to neare . during all the heptarchy , in all the councell remaining composed ex episcopis , abbatibus , ducibus , satrapis , et omni dignitate optimatibus , ecclesiasticis scilicet & secularibus personis pro utilitate ecclesiae & stabilitate regni pertractatum . seven of them are rege presidente , and but one by deputy ; and incongruous it were , and almost non-sence , to barre his presence that is president of such an assembly . the saxon monarchy under alfred , etheldred , edgar in their synods , or placita generalia , went in the same practise , and since . thus ethelwold appealed earle leofrick from the countie ad generale placitum , before king etheldred and edgyra the queen , against earle goda to eldred the king at london , congregatis principibus & sapientibus angliae . in the yeare . under edward the confessor , statutum est placitum , magnum extra londinum , quod normanni ( ex francorum consuet udine ) parliamentum appellant , where the king and all his barons appealed : godwin for his brother alureds death , the earle denyed it , and the king replyed thus , my lords , you that are my liege men , earles and barons of the land here assembled together , have heard my appeale , and his answer : unto you be it left to doe right betwixt us . at the great councell at westminster . . in easter week the cause of the two arch-bishops lanfrank , and thomas , ventilata suit in praesentia regis gulielmi , and after at windsor sinem accepit in praesentia regis . at the same feast , anno . ( the usuall time of such assemblies ) the king , the arch-bishops , bishops , abbots , earles , and chiefe nobilitie of the kingdome were present : for so are the words of the record . the cause betweene arsast bishop of norway , and baldwin abbot of burie , was also argued , et ventilata in publico rex jubet teneri iudicium , causis auditis amborum . the diligence of his sonne ( the learned h. . ) in executing of this part of his kingly function , is commended to posteritie by walter maps ( a learned man , trained up , and dear in favour with h. . ) in these words : omnia regali more , decentique moderamine faciebat , neminem volebat egere justitia , vel pace : constituerat autem ad tranaquillitatem omnium , ut diebus vacationis , vel in domo magna sub dio copiam sui faceret usque adhoram sextam , ( which was till , as wee now account ) secum habens comites , barones , proceres , et vavasores , to heare and determine causes , whereby he attained the sir-name of leo iustitiae in all stories , and so out went ) in quiet quiddance of the state ) his best progenitors . the next of his name that succeeded , is remembred every where for the debates and disputes he heard in person with thomas the arch-bishop , and others of his part at the greatest councels , both at london , clarendon , and northampton for the redresse of the many complaints of the commons against out-rages , and extortions of clergie men . in the yeare . die pentecost . apud . edmundum : the same king ( diademate insignitus ) with the bishops , abbots , earles , and barons of the kingdome sate dayly himselfe and heard all the debates concerning the liberties & charters of batell abbie . the interlocutorie speeches as well of the king as the lords and parties are at full related in a register of the church : the suit between the church of lincolne and s. albans in praesentia regis h. archiepiscoporum , episcoporum omnium angliae & comitatum & baronum regni , was at westmin . debated and ended : and had the love of memorie and truth bin a protector to the publick records of the state , as the awe of the clergies censure was a guard to theirs in tempestuous times , we had not been now left to the onely friendship of monkes diligence for example in this kinde . at lincolne the arch-bishop , some bishops , but all the earles and barons of the kingdome , unà cum rege joanne congregati ad colloquium de concordia regis scotiae , ( saith a register of that church . ) this use under king h. . needeth no further proofe than the writ of summons , then ( as some report ) framed , expressing both the kings mind and practice . it is nobiscum & praelatis , & magnatibus nostris quos vocari fecimus super premissis tractare , & concilium impendere : which word nobiscum implyeth plainly the kings presence . what the succeeding practice was from the . year of e. . the proper records of this inquirie , ( the iournall books being lost ) i am inforced to draw from out the rolls of acts wherein sometimes by chance they are remembred . edward the . was present in parliament the . yeare of his reigne , at the complaint against the spencers , and at a second parlament that year for the repeale of their banishment . in the . of e. . the king was present at the accusation of roger mortimer , but not the triall , and the next yeare in the treaty of the french affaires . in the . yeare , intererat rex in causa iohannis de gray & guilielmi de la zouch : and the same yeare . die parliamenti , the king was present at the debate about his voyage into scotland . in the . yeare the king in the painted chamber sitting with the lords in consultation , the arch-bishop after pardon , prayes that for better cleering himselfe , hee may be tryed in full parlament , which was granted . in the . in camera alba ( now called the court of requests ) rex cum magnatibus conveniunt communes super negotiis regni . in the . of r. . the king departed from the parliament in some discontent , when after some time , lords are sent to pray his presence , and to informe his majestie , that if hee forbeare his presence amongst them . dayes , that then ex antiquo statuto , they may returne absque domigerio regis , to their severall homes . henrie the . began his first parlament the first of november , and was the . day of the same moneth at a debate about the duke of britanie : the . day the cause of the arch-bishop was before him proposed onely . the . of nov. he was at the debate whether the commons had right of iudicature , yea , or no . on the . hee was with the lords in their consultation about the expedition against the scots , the creation of the duke of lancaster , and the prohibition of a new sect from entring this kingdome . some ordinances were at this time consulted of concerning the staple , and the sentence against haxey after dispute revoked . this king began his second parliament the of ianuarie , and on the . of februarie was present to make agreement betwixt the bishop of norwich , and thomas of erpingham . on the . day of the same moneth , hee was present at councell for repressing of the welch rebells , for revocations of stipends , and concerning the priors aliens . on the . they advise before the king of the sestertian order . on the . of march of the statute of provisions , the keeper of the privie seale , and relieving of the two vniversities . on the . of march they mediate before the king a reconciliation betwixt the earle of rutland , and the lord fitzwaters . he also began a parliament in his fifth yeare , upon the . of ianuarie , and the . they advise before the king , of guarding of the seas , and the welch rebellion . on the . of februarie , the earle of northumberland is charged before the king , and in his presence , and by his permission , divers of whom hee knew no harme were removed from the court . the next day at the petition of the commons , hee tooke upon him to reconcile the earles of northumberland & westmerland , and on the . of februarie of northumberland and dunbar . in a parlament of the . of h. . a challenge of seat in parliament betwixt the earles of arundell and devonshire was examined and appoynted by the k. with the advice of the lords . in that great capitall cause of the duke of suffolke , . h. . i find not the king once present at the debates , but the duke appealing from his tryall by peerage to the k. is brought from out the house of lords to a private chamber , where the king ( after the chancellor in grosse had declared his offence , and refusall ) himselfe ( but not in place of judgement ) adjudged his banishment . by the rolls of k. ed. . it appeareth that hee was many dayes ( besides the first and last ) in parliament , and there are entred some speeches by him uttered , but that of all the rest is most of marke , the reporter then present tells it thus , of the duke of florence , and the king , tristis disceptatio inter duos tantae humanitatis germannos : nemo arguit contra ducem nisi rex , nemo respondit regi nisi dux . some other testimonies were brought in ; with which the lords were satisfied , and so formârunt in eum sententiam damnationis , by the mouth of the duke of buckingham ( then steward of england : ) all which was much distasted by the house of commons . the reigne of h. . affords upon the rolls no one example ( the journall books being lost ) except so much as preserves the passages of eight dayes , in the . of his reigne , in which the king was some dayes present at debates , and with his owne hand the . day of the parlament delivered in a bill of trade there read : but had the memoriall remained , it is no doubt but hee would have beene found as frequent in his great councell of parlament , as hee was in the starre-chamber ; where by the register of that court appeareth , aswell in debate at private causes , that touch neither life nor member , as those of publick care , he everie yeare of all his reigne was often present . of h. . memorie hath not been curious ; but if he were not often present , peradventure that may be the cause of the disorder , which the learned recorder fleetwood in his preface to the annalls of e. the . r. h. . & h. . hath observed in the statutes made in that kings dayes : for which cause hee hath severed their index from the former ; and much lay in the will of wolsey , who was ever unwilling to let that king see with his owne eyes . edward the sixt in respect of his yong yeares may be well excused ; but that such was his purpose appeares by a memoriall of his owne hand , who proposing the affaires of councell to severall persons , reserved those of greatest weight to his owne presence , in these words : these to attend the matters of state , that i will sit with them once a weeke to heare the debating of things of most importance . vnfitnesse by sexe in his two succeeding sisters to be so frequently present as their former ancestors led in the ill occasion of such opinion and practise . most excellent majestie : your most humble servant , in discharge of obedience and zeale hath hastned up this abstract , which in all humilitie he offers up unto your gracious pardon . presumption to enter the closet of your counsell is farre from his modestie and dutie . what hath been your powerfull command , he hath made his worke ; what is fit to be done with it is onely your divine judgement : he dares not say , that presidents are warrants : to direct the successe is as worthy observation as the knowledge thereof , sometimes have made ill examples by extension of regall power through ill councells , with ill successe . some as bad , or worse , when the people have had too much of that , and the king too little , the danger no lesse . to cut out of either of these paternes to follow were but to bee in love with the mischiefe for the example . the cleerer i present this to your highnesse , the nearer i approach the uprightnesse of your heart , ( the blessed fortune of your happy subjects . pardon ( most sacred majesty ) that i offer up to your admired wisedome my weake , but dutifull observations out of all the former gathering . in consultations of state , and decisions of private plaints it is cleare from all times , the king was not onely present to advice and heare , but to determine also . in the cases criminall , and not of blood to barre the king apart were to seclude him the star-chamber ( as far from reason as example : ) the doubt is then aloud in crimes meer capitall . i dare not too much commend the times that left these patternes , either for the causes or effects , but wish the one and the other never more . to proceed by publick act of commons , peeres , and king , was most usuall : appeales are gone by the law of henrie the fourth . of this now in debate , the way i feare is yet obscure . as great advise of state is as needfull for the manner , as for the iustice . the example in the cause of the duke of suffolke , . h. . where the king gave judgement , was protested against by the lords . that of the duke of clarence , . e. . where the lords , and the high steward ( the duke of buckingham ) gave judgement , was protested against by the house of commons . in both of these the king was sometimes present ; but which of these may suit these times i dare not ghesse . that of . r. . of gomenys and weston accused by the commons plaint for treason was tryed by the lords in absence of the king , but sentenced by the lord scroop steward for the king : the accused were of the ranke of the accusers , commons , and not lords . how this will make a president to judge in causes capitall a peere of parliament , i cannot tell , but i should conceive a way answerable as well to parlament as other courts . if the king and the lords were traytors , and the common assentors to the iudgement , to heare together the charge and evidence , the lords ( as doth the iurie in other courts ) to withdraw , to find the verdict ; and then the steward , for the k. to pronounce the sentence ; it passeth so by way of act : a course that carryeth with it no exception , and likely to avoyd all curious questions of your highnesse presence there . if your humble servant hath in this expression of his desire to doe you service , presumed too farre , his comfort is , that where zeale of dutie hath made a fault , benignitie of goodnesse will grant the pardon . finis . notes, typically marginal, from the original text notes for div a e- ex conciliis reg. saxon. cantuar. glanvill . liber ely . leges etheldredi regis . ingulphus croylandensis . registr. . monast. . palat . regale westmonast . regist. eliense . annales monaster . liber de bello . registr. . wigorniense . ioannes ewegden . matth. parls hoveden . bracton . glanvill fleta modus tenendi parliament . ex registr. . concili r. cantuar. ex concilio withredi r ex synodis & legibus alfredi , etheldredi , edgari . ex regist ab●ington . gesta st. ed● . ga●i●è . allured . rivalens . vita ed● . confessoris . registr. . cantuar . ● . registrum sancti edmundi . walterus maps de r●gis 〈◊〉 . henr. hunting malmsbury . vita tho. cantuariensis . fitz-stephan . gesta h. . benedic . abbate authore . reg. monast. . de bello . reg. lincolniense . lib. burton-monaster . rot. claus. a. . h. . rot. parl. . e. . rot. parl. . e. . rot. parl. . e. . rott . parl. . e. . rot. parl. . e. . chronicon henvici knighton . rot. parl. . h. rot. parl. . h. . rot. parl. . h. . rott . parl. . h. . rot. parl. e. . regist. croylandense . ex cartis parlamen . . . . ex regist. camerae stellatae . ex annalib . fleetwood , recorderi london . a word in season, to general monk, (with his officers, &c.) to the city, and to the nation; this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing l a thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) a word in season, to general monk, (with his officers, &c.) to the city, and to the nation; l'estrange, roger, sir, - , sheet ([ ] p.) for s.b., printed at the hague [i.e. london] : . attributed to rodger l'estrange. advocating a free parliament. place of publication from thomason. annotation on thomason copy: "feb. ". reproduction of the original in the british library. eng albemarle, george monck, -- duke of, - -- early works to . england and wales. -- parliament -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no a word in season, to general monk, (with his officers, &c.) to the city, and to the nation; [l'estrange, roger, sir] b the rate of defects per , words puts this text in the b category of texts with fewer than defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion a word in season , to general monk , ( with his officers , &c. ) to the city , and to the nation ; my lord , and gentlemen , you are , at present , in the heart of the nation , and in the arms of your friends : where you are safe , and beloved . you have the strength and affections of the city , at your devotion , and it is your commune interest , to unite in a concurence both of power and kindness . you stand and fall together . you are all of the same stock ; born to the same freedom ; subjected to the same laws ; nurs'd up in the same religion : and in fine , obliged by the same rules of duty and wisedom , to promote the same ends . i might adde , that you are likewise exposed to the same danger , and from the same enemy : by whose hypocrisie , and skill , should you be deluded into a belief , of such who never kept faith , ( forgive me ) your reputation is lost , with that security ; and you fall , without either redress or pity . in this very instant , while you treat , the mine is working the instruments and means of your destruction are already agreed upon . some are employed to infect your councils , and alienate your souldiers : others sit among you , to betray you . what by open force cannot be perfected , must be assisted , by a dagger or poyson . you have the substance of this , already , upon evidence , and experiment . next to this caution towards your professed adversaries , allow me to propose a more ingenuous , and open clearnesse towards your usefull friends ; if it were but to prevent mis-understandings : beside , that the very doubt is both injurious and painful . offices of respect , and comfort , ought to be performed with liberty , and chearfullness , without any the least mixture of scruple , and reserve . these frank and mutual enterchanges of succour , and advice , beget a trust , and kindnesse ; and that 's the true foundation of a happy and lasting union . — that friendship which admits a jelousie , wavers . when you , ( my lord ) your officers , and army , are become one with this city , you have then but contracted a nearer alliance with the nation : whose several counties , and divisions , ( how remote soever ) are ( with this town ) but parts still of the same body . by a consent of interest , and sense , they prosper , or they wither , they grieve , or ioy , they live , or dye . nor are they more united in their interests , than in their votes , and resolutions ; for they have unanimously engaged with the city , to maintain their rights , and liberties , the reformed religion , and the freedom of parliaments , against all hazzards , and oppositions whatsoever . i need not tell your lordship by what audacious and illegal violences , this declaration and remonstrance was extorted from them . the nation stood condemn'd to servitude , and beggery , even by those , whom they themselves had raysed from that condition , to aggravate the bondage , by the more intollerable authors of it . 't was now become a crime , to name a full , free parliament , and treason to appeal to any other law , than the insipid vote of a legislative conventicle . the gaols are full of prisoners upon that very score . was it not time , ( my lord ) to bid these people hold their hands , after the expense of so much bloud , and of so many millions ; and all this only to perpetuate a dearer , and a more infamous thralldom ? the pulpits were enured to blasphemy , and non sense , and the government prostituted for mony , to persons able to disgrace a bawdy house . — these , and the like indignities , put the nation upon their just , and necessary defence ; and in that posture they now stand ready , and resolved . your excellency hath been tender hitherto of bloud , but if a speedy order be not taken , to regulate those stragling troops , that act still in the countries , in opposition to a settlement , it will come yet to blows : for questionlesse , in case of a necessity , the people will never stand still , and suffer themselves to be picked out , man by man , till they be all destroyed . the gentry and nobility , are slaves to every pedling pursuivant . 't is but a vvarrant from our masters , and all is fish that comes to net : no matter for a crime , if there be a booty . all that the people ask , all they design , is but the benefit of the law . vvill any english man deny it us ? first , they have sworn to defend it ; next we have sworn , rather to dye , than lose it . this faction hath cost the nation more than . millions , besides the blood they have lapp'd : and yet l. a month , and not a farthing lesse , will do their businesse , that is , l. a man , or some such trifle : for that , the juncto shares ; perhaps the souldier , once in a year , or . may get his mornings draught , and then be turn'd to graze upon free quarter ; and hang'd for mutiny , if he but talks of mony . it s the trick they served all that have served them . vvho ever strikes , or payes on their behalf , fights but for bondage , and contributes to his own chaynes . if they had any faith , they might be trusted . but oaths go down with them like pills of butter , they are dissolved , as soon as taken . that perjury which would poyson a good christian is but their nutriment . nay worse than wolves , they are false to their own kind , and enter worry one-another . i should be endless , to pursue this subject till i want matter . in brief , my lord , look to your self , and to your friends ; life and death are before you , chuse . may heaven direct and blesse your councils and endeavours , so far , as you proceed with piety and honour . to prevent mistakes , i do declare , that there are divers moderate and sober persons , in the mixture , for whom i have a fair respect , and that the tartnesse of my language , only concerns the furious and phanatique of them . a word now to the city ; and that a short one . ] gentlemen , upon your fair complyance with the general , depends much of your safety : that is , so far as he comports himself with terms of prudence , equity , and honour ; ( and he is too noble , to goe lesse ) next , to himself , you finde his officers , of an ingenuous , and clear conversation ; and worth your friendships , their commands apart ; you likewise find the body of the army , civil , and well d●sciplin'd , you doe exceeding well to pay them all due respects : and to joyn interests , and counsels , with them ; — you have done wisely , honestly , and bravely too , to oppose taxes : that is , taxes imposed without a law , — to be employed against your selves ; — and such , as had you granted them , your president would have extended to enslave your posteritie . — your care next , to disarm the sectaries , was very seasonable , your city had probably been in ashes else by this time . consider , they bear the same minde still , and where they had those weapons they can quickly have more . you cannot be secure without your militia , nor can any thing fairly obstruct your procurement of it : in titchburn's case , it was by the commons ordered , that any six of the common-council ( upon emergent occasions ) might send for the lord mayor to call a common-council , and in case of default , call it themselves , and any of them , to have power to act as a common-council , without the lord mayor , any thing in their charter to the contrary notwithstanding : see the hist. of independency , part . page . not to exceed my limits , forget not your suffring friends , and stand firm to your associates , and allies . he that tamely suffers one injury , provokes another . now to the nation , for a farewell . ] i need not presse my country-men with many cautions , your freedom of elections , that 's your birth-right ; 't is that you all declare , to live and dye for , you are too wise , to be cheated with restrictions and qualifications : as if the question were the number , rather than the choice , at this rate , you may have a full house , indeed ; but how ? that is , full of the brats , the kinred , and the partizans of those that sit already ; and then , they that have gull'd you all this while , shall govern you for ever , your very declarations against the present tyranny , have brought you to that point , that there 's no safety left you , but in violence ; for , while you talk , you dye , your scattered friends are gathered up , one by one ; whereas , your seasonable union makes all sure . as your intentions are honourable , so let your actions be . how far the law extends , in case of srutish , and illegal cruelty , see st. johns argument against the earl of strafford ; and with that i conclude : he that would not have had others to have law , why should he have any himself ? why should not that be done to him , that himself would have done to others ? it is true , we give law to hares , and deers , because they be beasts of chase ; it was never accounted either cruelty , or fowl-play , to knock foxes , and vvolves on the head , as they can be found , because these be beasts of prey : the vvarrener sets traps for powlcats and other vermin , for preservation of the warren . printed at the hague for s. b. . his majesties speech to both houses of parliament december the second england and wales. sovereign ( - : charles i) this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing c ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing c estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; :e , no ) his majesties speech to both houses of parliament december the second england and wales. sovereign ( - : charles i) charles i, king of england, - . [ ], p. printed by robert barker ... and by the assignes of john bill, london : . reproduction of original in thomason collection, british library. eng great britain -- politics and government -- - -- sources. a r (wing c ). civilwar no his majesties speech, to both houses of parliament: december the second. . england and wales. sovereign a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - tcp staff (michigan) sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion his majesties speech , to both houses of parliament : december the second . . london : printed by robert barker , printer to the kings most excellent majestie : and by the assignes of john bill . mdcxli . diev et mon droit honi soit qui mal y pense his majesties speech , to both houses of parliament , decem. . . my lords and gentlemen , i think it fit , after so long absence , at this first occasion , to speak a few words unto you , but it is no wayes in answer to master speakers learned speech : albeit i have staid longer then i expected to have done when i went away , yet in this i have kept my promise with you , that i have made all the haste back again , that the setling of my scotch affairs could any wayes permit , in which i have had so good successe , that i will confidently affirm to you , that i have left that nation a most peaceable and contented people ; so that although i have a little misreckoned in time , yet i was not deceived in my end . but if i have deceived your expectations a little in the time of my return , yet i am assured that my expectation is as much and more deceived in the condition wherein i hoped to have found businesses at my return . for since that before my going i setled the liberties of my subjects , and gave the lawes a free and orderly course , i expected to have found my people reaping the fruits of these benefits , by living in quietnesse , and satisfaction of minde : but in stead of this , i finde them disturbed with jealousies , frights , and alarms of dangerous designes and plots ; in consequence of which , guards have been set to defend both houses : i say not this as in doubt that my subjects affections are any way lesned to me in this time of my absence , for i cannot but remember , to my great comfort , the joyfull reception i had now at my entry into london , but rather as i hope that my presence will easily disperse these fears . for i bring as perfect and true affections to my people as ever prince did , or as good subjects can possibly desire . and i am so far from repenting me of any act i have done this session for the good of my people , that i protest , if it were to do again i would do it , and will yet grant what else can be justly desired for satisfaction in point of liberties , or in maintenance of the true religion that is here established . now i have but one particular to recommend unto you at this time , it is ireland , for which though i doubt not your care , yet me thinks the preparations for it go but slowly on . the occasion is the fitter for me now to mention it , because of the arrivall of two lords from scotland , who come instructed from my councel there ( who now by act of parliament have full power for that purpose ) to answer that demand which it pleased both houses to make me by way of petition , that met me at barwick , and which the duke of richmont sent back by my command to my scotch-councel : therefore my desire is , that both houses would appoint a select committee to end this businesse with these noblemen . i must conclude in telling you , that i seek my peoples happinesse , for their flourishing is my greatest glory , and their affections my greatest strength . finis . an ordinance of the lords and commons assembled in parliament, die jovis, . januarii, . it is this day ordeyned by the lords and commons in parliament assembled, ... england and wales. parliament. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) an ordinance of the lords and commons assembled in parliament, die jovis, . januarii, . it is this day ordeyned by the lords and commons in parliament assembled, ... england and wales. parliament. sheet ([ ] p.) for iohn wright, in the old baily, printed at london : [i.e. ] title includes first words of text. order to print dated and signed: die jovis, . januarii, [i.e. ]. john browne cleri. parliamen. the ordinance of nov. last, granted to maxemelian bard and thomas browne and others for the seizing of horses is hereby revoked. -- thomason catalogue. reproduction of the original in the british library. eng great britain -- history -- civil war, - -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no an ordinance of the lords and commons assembled in parliament, die jovis, . januarii, . it is this day ordeyned by the lords and commo england and wales. parliament. a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - john pas sampled and proofread - john pas text and markup reviewed and edited - pfs batch review (qc) and xml conversion an ordinance of the lords and commons assembled in parliament . die jovis , . januarii , . it is this day ordeyned by the lords and commons in parliament assembled , that the ordinance of both houses of parliament , dated the . day of november last past , granted to maxemilian bard , and thomas browne , and others , for the taking and seizing of horses , mares , and geldings , is hereby revoked and made voyd , and of none effect ; and that if the said maxemilian bard , and thomas browne , or any others , shall seize or take any horses , mares , or geldings hereafter , by colour of the said ordinance , shall be proceeded against as fellons , according to the lawes of this land . die jovis , . januarii , . ordered by the lords and commons assembled in parliament , that this ordinance shall be forthwith printed and published . john browne cleri . parliamen . printed at london for iohn wright , in the old baily : . right trusty and welbeloved we greet you & well charles ii, king of england, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing c estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) right trusty and welbeloved we greet you & well charles ii, king of england, - . broadside. printed by john bill and christopher barker, london : . sent by charles ii to the lord mayor of london to secure funds to buy hemp and clapboards for unemployed to make fish-nets and barrels to supply ships going to fishing grounds. reproduction of original in the bodleian library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng unemployed -- great britain. great britain -- politics and government -- - . - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion diev et mon droit honi soit qvi mal y pense royal blazon or coat of arms charles r. right trusty and welbeloved , we greet you well . whereas our royal father of blessed memory , did in the year one thousand six hundred thirty and two , constitute and establish a society of fishers , and declared , that he was resolved by all good occasions , favorably to assist , and graciously accept the forwardness of all those that should express their zeal to his majesties service in so general and publick an undertaking , it being then resolved and concluded by his majesty , that it was very honorable and necessary for this kingdom . now that the true managing , and most advantageous prosecution thereof , is by experience discovered by philip late earl of pembroke and mountgomery , and his associates , who did cause sundry fishing-vessels to be provided and built , which employed many families in making of nets and other provisions ( one vessel employing twenty families in work ) besides the breéding of country-youths to be made serviceable mariners in short time , as by the book called the royal herring buss fishings presented unto vs , doth plainly appear . and whereas we are informed , that the nation doth abound with great numbers of poor families and vagrants , who for want of employment are like to perish , unless some speédy care be taken for their relief ; and that the several wards and suburbs of this our city of london , and hamlets adjacent , are burthened with multitudes of poor people , not onely which are born in the said places , but such as come out of sundry countries to seék relief . for redress whereof , we do hereby recommend unto the care of you our lord major of the said city , to advise with each alderman , and cause his ward-moot inquest to give in a particular of all the poor inhabitants within his ward , what their employment is , and how many are without employment , and present the same to the rest of the inhabitants in his ward , with a copy thereof , and excite them to a freé subscription for raising a stock to buy hemp and clap-boards to make herring fishing-nets and barrels , for the furnishing and fitting out of one buss or fishing-vessel to belong to the said ward ; which will give all the poor and vagrants employment , the said ward husbanding the same to their best advantage . the which we shall in like manner recommend to all the counties , cities , and towns within our dominions , whereby to make it a national employment for the general good , and will give all fitting assistance unto the vndertakers for their encouragement ; that so when provisions shall be made ready , and store-houses built in commodious places about the river of thames , ( where breaches have beén made ) and the like , in the several ports ; magazines may be fitted with nets , cask , salt , and all things in readiness , the busses may all go forth to our island of sheetland as their rendezvous to keép together in their fishing , according to certain orders prescribed in the aforesaid book ; and to take that priviledge of the fishing-grounds which belongs to vs before all nations whatsoever . and so we bid you heartily farewel . given at our court at whitehal this three and twentieth day of july , in the twelfth year of our reign . by his majesties command . ed. nicholas . to our right trusty and welbeloved , the lord major of our city of london , to be communicated to the court of aldermen . london , printed by john bill and christopher barker , printers to the kings most excellent majesty . . at the king's printing-house in black-fryers . a speech made by alderman garroway, at a common-hall on tuesday the . of january upon occasion of a speech delivered there the friday before, by mr. pym, at the reading of his majesties answer to the late petition. garraway, henry, sir, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing g ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing g estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : , : ) a speech made by alderman garroway, at a common-hall on tuesday the . of january upon occasion of a speech delivered there the friday before, by mr. pym, at the reading of his majesties answer to the late petition. garraway, henry, sir, - . [ ], p. s.n.], [oxford : . reproductions of original in bristol public library, bristol, england (reel : ) and corpus christi college (university of oxford). library (reel : ). eng pym, john, - . great britain -- politics and government -- - . a r (wing g ). civilwar no a speech made by alderman garrovvay, at a common-hall on tuesday the . of ianuary. upon occasion of a speech delivered there the friday be garraway, henry, sir c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - john latta sampled and proofread - john latta text and markup reviewed and edited - pfs batch review (qc) and xml conversion a speech made by alderman garroway , at a common-hall on tuesday the . of january . upon occasion of a speech delivered there the friday before , by mr. pym , at the reading of his majesties answer to the late petition . printed in the yeare . . a speech made by alderman garroway at a common-hall on tuesday the . of january , upon occasion of a speech delivered there the friday before , by mr. pym , at the reading of his majesties answer to the late petition . gentlemen , before we enter upon the businesse of the day , i must , in discarge of my duty , speak freely to you of the last dayes work which lyes so heavy upon us , that if we finde not some way to free our selves of the scandall and dishonour of that day , farewell the reputation of this councell , and of this city . we sent a petition lately to his majestie , by six worthy members of this court , if you will beleeve them , they received a very gracious entertainment from his majestie ; and if you will beleeve most wise men , they brought a very gracious answer back from his majestie , with directions by a servant of his own , that the same should be communicated to the whole citie , from whom the petition was presumed to be sent , a circumstance as gracious as the matter it selfe . see now how we have required him : his messenger staies tenne dayes at the least before we can vouchsafe to speak with him , whereas ours stayed not an houre for admission to his majestie , and but a day for an answer : upon the r●ceipt of our petition , his majestie spake very graciously of the citie , very affectionately of the most considerable part of it ; when his answer is read ( an answer i must tell you , worth another manner of debate ) strangers are admitted to make bitter invective speeches against it , and the king that sent it ; whilest no honest citizen , who have onely right to speake here , durst speake his conscience for fear of having his throat cut as he went home . think ( gentlemen ) what an encouragement we have given his majestie to treat & correspond with us , whilest he is thus used ; i am farre from undervaluing both , or either house of parliament , i have been often a member of the house of commons , and know well my duty to it ; but though their priviledges are infinitely grown and enlarged since that time , i hope they have not swallowed up all other mens ; though they are the great councell and court of the kingdom , yet there are other councells and courts too , what do we else here ? and though they have a great liberty of language within their own walls , i never heard that they might speak what they list in other places . in my time when there was any occasion to use the citie , as often there was , the lord major , or aldermen , or some trusted by them , were sent for to attend either house , but for members of either or both houses to come hither , and be present at our councells , and govern here by priviledge of parliament , was never heard of till of late : you will say 't is a great honour to us , that those worthies take the pains to come to us , when they might send for us , it may be an honour too great for us to beare , and truly , i beleeve it hath been so chargeable to us , that we ought not to be ambitious of such honour . mr. pym ( who hath been a very costly orator to us ) told us , ( and his speech is since printed for our honour too , to shew how tame a people we are ) that there were many things in that answer of great aspersion upon the proceedings of parliament , and so forth . truly i know no such thing , if we petitioned for peace , we were to expect his majestie would tell us by what means that peace came to be disturbed , and then prescribe us a means for our reparation . if any mans guilt hath made him thinke himself concerned in it , though he be not named , he is his own accuser . he told us that there was no occasion given by any tumults which might justly cause his majesties departure , and this he said was the opinion of both houses , and his proof was , because his majestie came into the citie without a guard , and dined at the sheriffes next day after his comming to the house of commons , and returned back again to white-hall , where he stayed some dayes , i am willing to beleeve both houses as farre as i am able , and if they had declared that it had been lawfull to beat the king out of town i must have sate still with wonder ; but when they declare to us matter of fact , which is equally within our own knowledge , and wherein we cannot be deceived , they must pardon me if i differ from them . if they should declare , that they have paid us all the money they owe us , or that there is no crosse standing in cheapside , could we beleeve them ? why , gentlemen , neither of these is better known to us , then that there were such tumults at westminster , as might very well make the king think himself in danger . we all well remember what excellent company flocked by white-hall every day , for a week before the king went to the house of commons , and for his comming to the guild-hall the next day , when he did us so much honour , to vouchsafe us so particular satisfaction , and came without a guard , to shew how much he trusted in our duty and affection . ( i pray god the deceiving that trust may never rise in judgement against this citie , ) we too well remember the rude carriage of many people to him as he went to the sheriffs to dinner , which was not so much as reprehended by any officer ; and we all know what passed the night following , when an alarum was given , that there was an attempt from white hall upon the citie , and so all men put into suddain arms , and if by the great industry and dexterity of our good lord major , that hubbub had not been appeased , god knows what might have followed , if you will beleeve some men , they will tell you the design of those who gave that alarum , was no lesse then to pull down white-hall . there is no question but there was cause enough for his majestie to remove from white-hall , and how quietly he stayed after at hampton-court , and at windsor , cannot be forgotten , not to speak of that army by land and water , which accompanied the persons accused to westminster , the next day after his majesties return , the danger of which was so great , that no honest man could have wished the king had runne the hazard of it by staying . his majestie seems to be sensible that the government of this citie is now submitted to the arbitrary power of a few desperate persons , to which the gentleman gave us this testimony from both houses , that we had in most of the great occasions , concerning the government of the citie , followed their direction ; troth gentlemen , would they had furnished us with a better answer . have we our charter by the grace and favour of the two houses , or by the goodnesse of the king ? have we those priviledges with forraign princes , by which many here have gotten such estates , by the power of the houses , or by the protection of the king ? why should we then govern the city by the direction of both houses ? i am not willing to speak slightly of any persons gotten into authority , onely we may say , there be some amongst us , we did not thinke two yeers ago to have met here , and yet we were wont to see an alderman comming a dozen yeer off . i cannot tell what you mean by arbitrary power , but i am sure we are governed by nothing we were used to be governed by . i have been lord major my self , in a pleasanter time then this , and should have some share still in the government , before god , i have no more authority in the citie , then a porter , not so much as an aldermanbury porter . if to be governed by people whose authority we know not , and by rules which no body ever heard of , or can know , be a signe of arbitrary power , we have as much of it as heart can wish . to the kings charge of our contributing for the maintenance of the army which had given him battell , we were told that diverse practices were made against the parliament before they made any preparation for their defence . by practices i think they mean feares and jealousies , for all the particulars mentioned by him we know , and are understood by all the boyes in the street ; but we are sure there were ten thousand men raised and armed out of this town , and the neighbour counties , before the king had seven hundred . to the danger the kings person was in ( at the thought whereof every honest heart trembles ) the gentleman told us they were sorry for it , i dare not tell you what i think their sorrow was . but ( masters ) if you knew how much your estates , and being depends upon the life and safety of our good king , you would no sooner apprehend him in danger , then you would runne to his rescue , as you would flye from the plague and beggery . but that reproach of maintaining the kings children here , i confesse made my heart rise , i hope it did so to many here : is our good king fallen so low , that his children must be kept for him , 't is worth our enquiry who brought him to that condition ? we heare him complain that all his own revenue is seized and taken from him ; is not his exchequer , court of wards , mint here , his customes too are worth somewhat , and are his children kept upon alms ? how shall we and our children prosper , if this be not remedied ? they will by no means endure that his majestie be obeyed in the apprehension of the lord major , and the other three gentlemen , for it is the sense of both houses that this demand is against the priviledge of parliament , and most dishonourable to the citie ; for the first i dare not speake my minde , though i must confesse my self not able to answer the kings reasons in many of his declarations upon that point ; but for the second , ( under the favour of both houses ) whether it be dishonourable for the city , whether it be fit to be done or no , we are the best , indeed we are the onely judges . i will take the liberty to speake freely my conscience in this case , as a friend to justice , as a lover of these men , and as a servant to the citie , and as all these i protest to god , if i were now lord major , and the other three were my father , and my brothers , i would satisfie the king in this point . did his majestie aske to have them put to death meerely upon his accusation , or have them sent bound hand and foot to oxford , where it might be in his power to proceed against them in an extraordinary way , it might seeme unreasonable : but to apprehend them to keep them in safe custody , that his majestie may proceed against them according to the known laws , under which they were born and bred , where if guilty , they must be left to the justice of the law , and his majesties mercy , if innocent , will receive an honourable acquittall , seems to me so just in the king to aske , and so necessary for us to yeeld to , that the denying it implies a doubt in us of the innocence of those whom we will not submit to justice . here is a way to finde out the kings evill counsellors . if these men do their part like men of good consciences , submit to the tryall of the law , which is the onely judge of guilt and innocence , and are found cleer from that heavy charge his majestie accuses them of , how gloriously will these men live hereafter , and the king cannot refuse to deliver those up who have wickedly conspired the destruction of honest men ; but if we shall onely cry out that the king is misinformed , and dare not trust our selves upon a tryall , we may preserve our safety , but we shall loose our reputation : thus much for justice , for the gentlemens sakes now : this way you see , a way to honour and safety too ; if there be innocence ; but do you thinke after a moneths longer enduring the miseries which are now upon us , men will not more importunately , and impatiently enquire after the causes of their sufferings , if they shall finde that the denyall to give up four men ( who it may be are not of any known merit too ) to be tryed by the law , being accused of high treason , and conspiring to take away the kings life , incensed our gracious king against us , and kept him from being among us , whereby our trade decayes , and such violences and outrages are every day committed , i say , can any four 〈…〉 will not 〈…〉 , 〈◊〉 and made desperate by their , and the common sufferings , 〈◊〉 these men in peeces ? we have been all young men and apprentises , let us remember the spirit was then amongst us , would we have suffered all our hopes to have been blasted , and destroyed by any four , or fourteen men ? let us not 〈◊〉 our selves , there is the same courage still in the citie , which at some time will break out to the ruine of more then those men ; but i thank that worthy that told us ▪ that it is against the rules of justice , that any men should be imprisoned upon a generall charge , when no particulars are proved against them ; how insensibly in other mens cases do we accuse our selves , why , how many of us within these six moneths have been committed upon a gen●rall charge ? how many persons of honour and reputation are now imprisoned in this town , when particulars are so far from being proved against them , that they are not so much as suggested ; was over any charge so generall as to be a malignant or cavaller ? yet you heare all such imprisonments are against the rules of justice ; my opinion is that for justice sake , for the cities sake , for their own sakes , these four men should quietly submit themselves to the tryall of the law ; if they refuse , that they be delivered up to the hands of justice . mr. pym told us , there was no proof that my lord major , and the other persons named , were countenancers of brownists , anabaptists , and other sectaries ; where should this proof be made ? do we not all know this to be true ; are they not all so much countenanced , as there is no countenance left for any body else ? did not my lord major first enter upon his office , with a speech against the booke of common-prayer ? hath the common-prayer ever been read before him ? hath not captain venn said that his wife could make prayers worth three of any in that book oh ( masters ) there have been times that he that should speake against the book of common prayer in this citie , should not have been put to the patience of a legall triall ; we were wont to look upon it as the greatest treasure , and jewell of our religion , and he that should have told us he wished well to our religion , and yet would take away the booke of common-prayer , would never have gotten credit . i have been in all the parts of christendom , and have conversed with christians in turky , why , in all the reformed churches there is not any thing of more reverence , then the english liturgy , not our royall exchange , or the name of queen elizabeth , so famous . in geneva it self i have heard it extolled to the skies : i have been . moneths together by sea , not a day without hearing it read twice . the honest mariners then despised all the world but the king and the common-prayer book , he that should have been suspected to wish ill to either of them , would have made an ill voyage . and let me tell you , they are shrewd youths those seamen , if they once discern that the person of the king is in danger , or the true protestant professed religion , they will shew themselves mad bodies , before you are a ware of it ; i would not be a brownist or an anabaptist in their way for — but we are told of an army of papists , who will root out our religion : for my part , i am sure i am not suspected for any affection to papists , yet i confesse at this time , i have not the least feare of danger from them , and the truth is , this bugbeare is grown lesse terrible to every body . we know from the beginning of this parliament , the continuall discovery of plotts by the papists , and what those discoveries have cost us , and yet to this day not the least probable charge objected against them . when the king was at york , no discourse here , but of the papists being there in multitudes , when 't is well known , his majestie took all possible care to prevent the resort of any papists to the court , and i have been assured by very honest men , that in a moneth there was scarce the face of one papist there . when he first raised his army , did he not by proclamation forbid any to come to him ? — but hark you gentlemen , where would you have these papists be ? can they live in the ayre , or in the water ? beyond-sea you will not suffer them to passe ; if they stay at their houses , they are plundred , 't is a good justification for plundring that they are papists . are they not the kings subjects , and should they not flye to him for protection ? is there any law that sayes the papists must not assist the king with men , arms , or money , when he is in distresse , and when he conceives himself to be in danger of his life ? let us look about us , if this world hold , not onely all the papists , but all the gentlemen of england will finde it necessary to carry all they have to the king , and venture it in that bottome . but both houses have declared that there have been no plundring by the direction of parliament . here i thinke they would be willing to admit the king to be a part of the parliament , to save their honour , otherwise if plundring signifies the comming with violence into ones house , and taking away his goods against his consent , sure there hath been much plundring , even by the direction of the houses ; but have they ever punished plundring of the worst sort , if they have not directed it ? will a declaration of both houses repaire the fine wane-scott , and the goodly leads of honest george binyons house ? let me tell you , the time hath been the losse of such a citizen would have been talked of in another way . — i wonder what kinde of government is preparing for us , when they will not allow that the imprisonment of our person is the taking away our liberty , or the taking away the twentieth part of our estates is the destruction of our property ; and did you marke what a notable reason was given us for this ; the same law that doth enable them to raise forces , doth likewise enable them to require contributions ; it doth indeed , yet one might be without the other ; but i would these gentlemen had chose another auditory to have convinced with this argument ; the countrey people will be no more couzened by the citie , when they heare what kinde of oratory prevailes over us ; we shall be shortly told when they have a minde to our houses , that the same law which gave them authority to take away our money , gave them likewise power to do the other too . the king tells us , if we shall hereafter contribute any thing for the maintenance of the army , which he sayes is in rebellion against him , ( he pardon's what 's past , marke that , ) he will deny us the benefit of his protection with forraign princes , which he will signify to his forraign ministers ; what remedy have the lords and commons found for this now , sufficient to do the businesse ? they declare that this is an excesse of rigour , and , injustice beyond example , and therefore they hope his majestie will be induced by better counsell to forbear the execution . a very soveraign declaration , but 't is ten to one if we do not obey his majestie in the injunction he hath laid upon us , he will use this excesse of rigour . i know not how little you , that trade onely within the kingdom , may think your selves concerned in this , but i say whoever understands the trade abroad , and the benefit of being a subject to the king of england , will not runne this hazard ; for let him be assured in the instant the king disclaimes him , he is ruined , and therefore you who have estates abroad , looke to it . gentlemen , i have troubled you very long , but in good faith , the manner and the matter of the last dayes work hath layen so heavie upon my heart , that i should have thought i had forfeited this gown , and this chain if i had been silent , and that i had betrayed the liberty of that famous citie , which i am sworn to defend . one word i had forgotten to mention , the caution which was given us of such messengers as his majestie should send , that we should observe them , that they might be dealt with as messengers of sedition ; god forbid we should live to see any messengers sent to us from our gracious king evilly entreated , i would be loath my selfe to out-live such a dishonour ; if his majestie shall vouchsafe us the honour to send to us , let us use and defend his servants , as persons sent to us for our good ; if it shall be otherwise fire from heaven will consume this citie . let us not be wrought upon by faire words , to contribute or lend more money for the maintenance of this civil , bloody dissention , or bring desolation and confusion upon this glorious citie for the support of four men , who if innocent will be safe , but let us remember the happinesse and flourishing estate we enjoyed whilest we yeelded obedience to our royall soveraign . let us not upon the generall discourse of evill counsellors , rebell against a prince , upon whose person malice , and treason cannot lay the least blemish , but must confesse his religion , justice , and charity to be so transcendent , that if he were a subject would render him most amiable . let us consider that if he be oppressed , there can be no end of these troubles , but we and our children shall be perpetually weltring in a sea of blood ; whereas if his enemies be overthrown , the whole kingdom will within a moment be restored to all the calme , pleasure , and plenty of peace . and therefore if we intend to enjoy what we have , and that the younger men shall grow up to the same estate we enjoy , if the memory of our forefather's , or the hope of our posterity can move any thing with us , let us lay hold on the kings mercy , and submit to every proposition in his answer . whilest the alderman was speaking this speech , severall great interruptions were made with hissing , and other such noyses , some crying , no more , no more , others as importunately heare him , heare him , heare him ; so that it was about an houre after he began to speak , before he ended : when ever the clamor began to stop him , he sate down , without shew of any disturbance , and when that noyse was conquered , he began again , saying what he said last , and so proceeded ; onely once when alderman bunce said , he spoke against the honourable house of commons , and that it was not to be endured , the alderman replyed with a little sharpnesse , that he had as much liberty to speake in that place , as any memb●r ●f the house of commons had in the house of commons , and if other men were content to lose their priviledges , it should be remembred that it was against his will . at which there was a great shout and acclamation , we will not lose our priviledges , and after that there was not the least interruption , but the alderman was heard with great patience and attention . as soon as the speech was done , and the great shout and hem ended ( which some in the street apprehended to be a consent to lend money to the parliament , and ranne to westminster & acquainted the house of commons with it , whereupon foure members were appointed to draw up a declaration of thanks to the city ) the lord major , trembling and scarce able to speake , asked , what their resolution was concerning assisting the parliament with money , for the payment of their army , & recovering his voice by degrees , offered them some reasons , & asked them whether they would lose all their thanks for what they had done already ; but the cry was so great , no money , no money , peace , peace , that he could not be heard . one that stood neer the major answered , that he doubted not whoever could make it appeare he had deserved thanks , might call for it , and have it , that the question was not , upon losing of some , but forfeiting of all , and whether the citie would perish , or quit foure men , for whom they had no reason to care ; the voice was so great , one crying , that they who set them to work should defend them , another , that since these troubles none but bankrupts and knaves had prospered , a third , that if they had common honesty , they would rather runne away , then endeavour to save themselves by bringing destruction upon the whole citie . then the court rose and every man departed , so great a company going before , and following after alderman garroway to his house , that the streets were as full as at my lord majors shew , some crying out , wher 's ven and his mirmidons , others , when they should meet , to which a generall shout answered now , now ; one of good credit with them , wished them to proceed with discretion , a pox of discretion ( said a butcher , ) we shall be undone with it , let us proceed as these people have taught ; when we asked them what we should have in the place of bishops , they told us bishops were naught we all knew , & when they were gone we should think of having somewhat that is better in their roome ; let us now take away what we know is naught , and we shall do well enough after , i owe them a good turn , for the honour they have done my trade , saist thou so ( said a sturdy mariner ) beleeve it , they who would perswade the honest saylers to turn traytors to their good king , for all his favours to them , shall repent it . the good alderman being much troubled to heare the severall expressions , besought them to depart every man to his own home , telling them that if at this time they should do any thing , it would be imputed to him , and he hoped they wished him no harme , whereupon they were contented to part , promising one another that when they next met , they would do something worth speaking of , and agreed that the word should be ( gurney ) in honour of their good lord maior . finis . truth brought to light, or, the corrupt practices of some persons at court laid open whereby their majesties and the kingdom have been prejudiced near one hundred and fifty thousand pounds this year; besides other evils that have and do attend it. crosfeild, robert. approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing c estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) truth brought to light, or, the corrupt practices of some persons at court laid open whereby their majesties and the kingdom have been prejudiced near one hundred and fifty thousand pounds this year; besides other evils that have and do attend it. crosfeild, robert. viii, p. [s.n.], london, printed : mdcxciv [ ] attributed to crosfeild by wing and nuc pre- imprints. "proposals for an act of tunnage," pp. - . reproduction of the original in the harvard university library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng taxation -- great britain -- early works to . great britain -- history -- william and mary, - . great britain -- politics and government -- - . - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - jonathan blaney sampled and proofread - jonathan blaney text and markup reviewed and edited - pfs batch review (qc) and xml conversion truth brought to light : or , the corrupt practices of some persons at court laid open. whereby their majesties , and the kingdom , have been prejudiced near one hundred and fifty thousand pounds this year ; besides other evils that have and do attend it . london , printed in the year , mdcxciv . to the right honourable the lords spiritual and temporal , and commons in parliament assembled . the happiness and well-being of man does no ways consist in being possess'd of much wealth , but in a mediocrity ; and in the enjoyment of the purity of the gospel , and of good and wholesome laws : and of all governments now extant in the world , the english monarchy is the noblest , and comes nearest to that native liberty which man first enjoy'd ; and god and nature have laid an indispensable duty upon every man to endeavour the preservation of the municipal laws of his country . but notwithstanding , humane frailty is such , that we have many instances of persons ( otherways prudent and wise ) either through pride , ambition , or covetousness , that have had almost overthrown this noble fabrick : but it was never in such eminent peril as before the late revolution ; when our religion , laws and liberty , were near being swallow'd up ; and then god was pleas'd to make his majesty the happy instrument of our deliverance . but notwithstanding , the danger 's not over-past ; for we have ever since been engag'd in a great and dangerous war , upon the success whereof ( under god ) depends our future happiness : therefore men would think that all persons in publick trust , should with great zeal and affection pursue such ways and methods as tend to the putting a period to the same , and no ways obstruct their majesties and the publick interest ; but scorn and slight all those little mean thoughts of enriching themselves , at a time the safety and honour of their native country lies at stake . but through covetousness the understandings of men are darkned , and so see not the evils they draw upon themselves and others : and those who are in the highest orb , many times discern not ( having sublimer thoughts ) those things others do , who act in a lower sphear . and as all governments are incident and liable to corruptions , so it cannot seem strange if they have crept in among us : but ours will be found to be ( like some distempers ) hard to be remov'd ; for there are so many link'd together by interest , that they will not fail to support each other , and crush ( if not ruin ) him that opposes them . so it 's not for any single person whatever , to engage with them ; and therefore for that reason , i have here collected such of them as have come to my knowledg : which , with all humility , i lay before this most august assembly ; whose peculiar care has always been to root out corruptions , when they have appear'd formidable and inconsistent with the safety of the government : and that not the greatness or power of any that have abus'd their prince's favour , have been able to protect them from the just resentments of the nation . and 't is that which hath continued this government so long upon its basis . there hath been a notion industriously spread abroad by some through the kingdom , ( and which the nation hath too long imbib'd ) which is , that to make attempts upon the maritime coast of france were altogether impracticable : which seemeth strange , it being directly contrary to the received opinion of the rest of mankind , and the practice of all ages ; for the romans , carthaginians , and many other nations , that have been strong at sea , and even the venetians at this day , have ship'd potent armies both horse and foot , and made descents upon their enemies ; which have been attended with good success . and although the circumstance of affairs may alter and change , yet the nature of things never will : but if men shall land in the midst of smoak and fire , and where their enemies lie intrench'd , it 's no wonder if they are beaten off ; even at that rate may the best-laid designs be frustrated . and france hath so strong a barrier on every side , that notwithstanding the utmost endeavours of the allies for several years past , yet we see they have not been able to break into it ; and therefore with all due submission , i humbly conceive ( humanely speaking ) it 's impossible of making any impression on the enemy , otherways than by making a descent upon their maritime coast with a royal army . certainly there 's nothing can embarrass them like it : the vicinity of their country makes it so much the more practicable ; and england has been the ballance of europe , and may yet , if not wanting to it self . my design is not to embroil , but further their majesties affairs , and that all things may work together for the publick good ; which hath been the only scope and end of this my undertaking . so doubt not but i shall meet with a favourable construction : and if a publick and national interest be preferable before all others , then i cannot be much out in what i have done ; only must acknowledg to have handled the matter but weakly : yet the sincerity of my intentions will plead for me , and excuse the many defects therein ; and so hope i shall not only find protection , but a reward of my labours , and danger i undergo , for the honour and safety of my country . i am , my lords and gentlemen , your honours most humble , faithful , and obedient servant , robert crosfeild . truth brought to light , &c. it 's recorded in holy writ , that the children of israel serv'd the lord all the days of joshua , and of those elders that surviv'd him , having a thankful remembrance of his mercy and goodness , in giving them victory , and delivering them from the hands of their enemies . and we the people of this kingdom have received as eminent and great mercies from the hand of god as ever did the jews , and such as are hardly to be parallel'd in any age ; for we were brought to the very brink of ruine , and even ready to be devour'd by our enemies , and had no prospect or hope of deliverance . then did god raise up a prince ( unthought or unforeseen by us ) to rescue and deliver us ; and gave our enemies a spirit of fear and trembling , and they fled when no man pursu'd . these things have we seen with our eyes , and to the astonishment of the world , were deliver'd without blood-shed . but we are an unthankful nation and people , and so it 's no wonder that the hand of god hath lain heavy upon us , in afflicting us with a long and tedious war : therefore let us repent then , and not till then may we expect a blessing and a perfect deliverance ; for whatever some persons may think , there yet hangs a dark cloud over our heads : do we not see plotting against the government , ( and that by no mean persons ) ? and how far that poison 's spread , we know not , being back'd by a potent and great monarch : and not only so , but it will appear that some of our brethren , who probably in some cases may have been serviceable to their majesties , do ( making the most modest construction of their actions ) sacrifice the publick interest to their own private lucre. this , by the blessing of god , i doubt not but evidently to make appear : and i am no ways unsensible of the danger i undergo by this my undertaking ; and that i run a greater hazard than he that engages in battel : but i know not why i should be afraid , having truth and justice on my side : and in former ages ( however this may be degenerated ) it was ever accounted an honour for a man to venture his life for the publick good. at the first opening of the last session of parliament , i published a book entituled , england's glory reviv'd ; which i dedicated to their majesties , and both houses of parliament ; but it was never presented to the parliament , occasion'd ( i being ill ) by the timorousness of the bookseller , who was oblig'd so to have done . there are several things therein proposed , which are now put in practice , as shall be made appear in the ensuing discourse : and that the not rewarding persons that do things which contribute to the publick service , is a real injury to the kingdom ; but at present i shall wave that , and fall upon other matters . i had observ'd , that the collecting the land taxes , was a great charge to the crown ; the greatest part of which i conceiv'd might be sav'd , and the receiver-generals wholly laid aside ; so all that poundage they were allow'd , might accrue to the government . upon which having made a proposal , presented it to the right honourable the lords of the treasury , in the month of december last : and at the same time i deliver'd it , did acquaint their lordships by letter , that i did then wait their commands , and desired to be heard : but they took no notice thereof , which i attributed to their multiplicity of business ; so conceiv'd my self obliged to give farther attendance , which i did , and humbly desir'd i might be heard upon those proposals : this i did for many days , and prest ( as much as in modesty was fit to do ) that i might be heard , but all to no purpose ; for i found it was not grateful to them , and that they were no ways inclin'd to hear me : then conceiv'd i had no other way , but to petition his majesty in council ; which i accordingly did , and delivered it to mr. bridgman in secretary trenchard's office , ( with the proposal annexed ) that so my proposal might be read , and referred to the lords of the treasury , which was the prayer of my petition : and when council-day came , i was with him again , and he told me it was transferred to the council-office , where i found it ; and the gentleman to whom i apply'd my self , promis'd me it should be carried to the council-chamber . and when the council was actually sitting , i went to him ; and he inform'd me , my petition and proposal were before the council . and being afterwards to examine , whether i had a reference granted , found my petition had not been read : upon which i asked the foresaid person , what was the meaning that a matter of so great moment to the king , should be so little taken notice of ? his answer was , he knew not , and said , he had faithfully carried it to the council , ( it being all was requir'd of him ) and that he should not fail to do the same next council-day . after this manner was i serv'd several council-days , and never could obtain my petition to be read , and found all i did was but labour in vain ; and conceiv'd i had just reason to believe , that some persons endeavour'd to stifle it . upon which i addrest my self to the earl of — , a privy-counsellor , to whom i presented a copy of my proposal , and sometime after was to wait on him ; and his lordship's answer was , the thing he lik'd well , there could nothing be objected against it , but said , he durst not meddle in it , it would create him so many enemies : but notwithstanding all this , i was resolv'd further to prosecute the matter ; and being acquainted with the duke of — his chaplain , by his means presented his grace with a copy of it : whose answer to it was , that were he a privy-counsellor , he would prosecute the matter , but as he was not , he durst not meddle with it , it would create him so many enemies . from all which i may conclude and say , it 's too evident , that there is a corrupt party at court ( which yet shall be more fully made out ) that carry on a separate interest from that of their majesties and the publick ; and are grown to that height , that persons of great honour , and known loyalty , dare not encounter , as knowing they will not leave them till they have thrown them out of all employments , and so for the future incapacitate them to serve their majesties . and however i may be censur'd by some for what i do , yet i have the satisfaction in my own breast , that i have done nothing but what my duty obliges me to ; and doubt not but i shall have the concurrence of all true englishmen . the proposal is as follows . a proposal humbly offer'd for laying aside all the receiver-generals . it 's undeniably their majesties and the kingdom 's interest ( which are inseparable ) that what money is given for publick uses , should be apply'd to that end ; and to have all unnecessary officers laid aside ; and none are so useless as the receiver-generals , there being no manner of occasion for them : for the collector of the excise in each county is every way capable of acting the same thing , and with greater ease to the county ; and more satisfaction it would be to the subject to see the money imploy'd to publick uses , to which it was primarily intended : and i shall be as brief in the matter as possibly i can , and so shall bring but one instance , which i humbly conceive will fully demonstrate what i assert ; viz. the receiver-general for the county of hertford goes to four places ( as hertford , &c. ) and no more ; and by his circular-letters to the high-constables of the several hundreds , the collectors of the tax meet him at the day prefix'd , and pay in the money : which creates much trouble to some of them , who bring it a great way ( although it be a small county ) which they need not undergo ; which i shall evidently make appear : for the collector of the excise for the said county is oblig'd to go to all market-towns through the whole shire , and there are eighteen in the county : and it may with much facility and ease be so order'd , that at the same time he may receive the quarterly-payment for the land-tax , according to the districts of the said towns , as they are now settled in the excise : but if it be found that method will not do , they can then but take the same measures the receiver-generals now do , which they will be both willing and able to perform . there can no objection be made against this being put into practice , other than that it 's a great trust ; and the collectors have not given sufficient security for the same : but it 's probable they are capable of so doing ; if not , there 's never a receiver-general but what will willingly embrace the opportunity of having the imploy , and give good security , if his majesty shall be pleas'd to augment the salary fifty pounds a year during the war ; and when all 's done , it will be found his majesty will be a saver above forty thousand pounds per annum . the receiver-general for the county of hertford received in the year , sixty odd pounds for travelling , and other contingent charges : which money i humbly conceive would fully satisfy the collector of the excise , were it given him , over and above the travelling charge he 's usually allow'd . i have calculated what the poundage doth amount to that the receiver-generals are allow'd ; ( which any man may easily do , supposing the land-tax and poll-bill to be three millions of money , as i cannot conjecture it to be less ) and it will be found to be thirty seven thousand five hundred pounds . and i did design to have offer'd some thing more , which was this : it has always been the custom to allow the collectors of the tax three pence in the pound for collecting ; and with submission , i conceive if they were allow'd but two pence in the pound , it would be a full compensation for the trouble they undergo . it 's no argument to say , three pence has always been allow'd : the kingdom 's in danger ; and the money was given to publick uses ; and as they receive no detriment by what they do , it 's but reasonable they should put forth their helping-hand , and i think no good english-man would grumble at it . and by the same rule , this penny a pound will be found to amount to twelve thousand five hundred pounds . so that if the lords of the treasury had been pleas'd to have given me a hearing , their majesties had sav'd fifty thousand pounds this year . for the money that the receiver-generals are allow'd for travelling and other contingent charges , would fully satisfy the collectors of the excise , as may be seen by the accompts in the exchequer . but supposing it had not been in their lordships power to have made the collectors of the excise receiver-generals ; yet with submission , it was their duty to have propos'd it to the parliament , ( who would readily have received it ) that an act might have past . and one thing i observe to be of most dangerous consequence to the government , ( considering the nature of the quarrel we are engaged in ) ; that is , the selling of imployments . it 's too well known it has always been practised ; so it can be no scandal to relate it : but there are many evils attend it ; we have no shibboleth whereby to distinguish men , whether friends or foes : and there being now a competitor for the crown , and a dangerous faction among us , no question but it 's an inlet to our adversaries to all sorts of imployments ; and by this means i conceive it may not be difficult for them to get into the admiralty , or navy-office , custom-house , &c. and so may be capable of doing much mischief , as thus : suppose we look back to the time the turky-fleet went out , when we received that loss by the french in the straits : and when the lords of the admiralty issue out orders for the fleet to sail such a time , it 's not difficult for any corrupt person planted in that office , to get a sight of it , ( or it 's not improbable but it may pass through his hands ) : upon which he gives his correspondents at plimouth , falmouth , &c. notice of it ; and any of them may easily corrupt a poor fisher-man , who sails any where without suspition : so our enemies from time to time soon have intelligence of all our proceedings ; and no doubt we owe our losses at that time to such like practices as these . and therefore with submission , i conceive there ought to be great inspection made into all that are in publick imploys , and to throw out such as are found to be disaffected : but then they ought to be persons of great integrity that are entrusted in such an affair , otherwise it may be made use of only as an artifice to get money ; and many an honest man turn'd out that hath it not , or is not willing to part with it . i shall now proceed to give some relation of a matter which has been offer'd to the government by one mr. george everett , ( which he published the last session of parliament ) ; wherein he proposes to save their majesties an hundred thousand pounds a year , in the building and repairing the royal-navy : and it hath been before the right honourable the lords of the admiralty ( who are the proper judges of it ) a year and a half ; yet all this while they cannot ( or will not ) apprehend it , there being nothing effectually done in it ; nay , the author has been brow-beaten by those whose duty it was to have encouraged him . it 's certainly a most ingenuous thing , and not to be confuted ; and were it put in practice , would fully answer what he hath propos'd . what is writ , is not to cast aspersions on the lords of the admiralty , but that the nation may have justice done : for there 's no man that reads that book , ( unless biass'd by prejudice or interest ) but what will be of the opinion , that the obstruction of that matter hath been greatly to the detriment of their majesties and the kingdom . it has been long since highly approv'd on by many persons of honour and quality : the names of some of which take as follows ; his grace the duke of leeds lord president , admiral russel , lord lucas , lord cornwallis , sir john lowther of lowther , sir cloudsly shovel , sir henry goodrick , sir richard onsloe , sir samuel dashwood , sir james houblon , &c. but this is not all , for there are several other honourable and eminent persons ( that they might further so good a work ) have been pleas'd to subscribe their names to several certificates ; and which are as followeth : we the lord-mayor and aldermen of the city of london , whose names are here-under subscrib'd , do approve , and conceive that the methods in this book for the more speedy and effectual building and repairing their majesties royal navy , will be very advantagious to their majesties and the government , ( if the same be put in practice ) : and we do recommend mr. george everett ( the proposer hereof ) as a fit person to be aiding and assisting in the same . william ashhurst mayor , john moor , robert jefferies , thomas lane , edward clark , humphrey edwin , richard levet , thomas abney , william hedges , william pritchard . we whose names are here-under subscrib'd , do approve and conceive the methods in this book , &c. r. delaval , berkley , danby , thomas vernon , william williams , william warren , william sconing , robert davis , joseph ashton . we the master and assistants of the company of free shipwrights , whose names are here-under subscrib'd , do approve and conceive the methods in this book , &c. robert parsons , charles pain , james cutler , richard lucas , jacob crispin , richard wooden , john plummer , richard russel , robert barnwell , james haydon , henry farrant , john finch , john crow , francis preston . now all these things being summ'd up , which i have here related , there 's no considerate man can blame me , if i appear in some heat : has not the kingdom stood up and vindicated it self ; and by god's blessing preserv'd its religion and property ? and are they now less valuable than they were six years ago ? no sure , they are as much to be prized as ever : but men are too apt to prefer their own interest before the publick ; and corruptions naturally grow , and no place is so liable as the courts of princes , or of so dangerous consequence . and as it 's our case at this day ; yet it can be no reflection on his majesty's prudence , ( who hath sufficiently manifested to the world the great care he hath of our welfare , by the many dangers he hath undergone for our sakes ; ) for all he can do is but to make choice of such persons as are well qualified for business : and if they shall afterwards ( forgetting their duty and obligations they lie under ) prefer their own interest before the publick good , it 's not in his majesty's power to discover it . o the mischief and evils that attend covetousness ! by it many families , nay kingdoms , have been ruin'd ; and therefore well might st. paul call it the root of all evil : and david renders such persons no better than cannibals ; they eat up my people as they eat bread. and he that 's not wilfully blind , may see the kingdom ( and indeed almost all europe ) in a languishing condition : and have men no bowels of compassion or regard to the honour and safety of their country ? certainly a covetous person ( whom god abhors ) can be a friend to none : for he will sacrifice all to his own lust ; and you may as well think to wash a blackamore white , as ever to reclaim such men ; for they are as insatiable as death or the grave . and i conceive no man will so much as doubt , but that those very persons that have thus obstructed their majesties and the publick interest , have not been ( nor never will be ) wanting to use all artifices whereby to prolong the war ( salamander like ) , that they may make a plentiful harvest , while the nation is spending its blood and treasure . this can be no unjust censure , but an inference naturally following such actions . and without all question , such men are much more dangerous than an open foe : and if the war continue , and these things are not inspected into and redress'd , we are like to be an unhappy people . queen elizabeth was happy , being all her time serv'd with much faithfulness ; and carried on great wars , and was generally successful in her undertakings : and secretary walsingham has left such an example behind him , which i judg there 's few will take as a precedent for them to walk by . however , this nation is not so far corrupted and degenerated , but that there may be found persons of honour and worth capable of serving their majesties in the highest station , and who will discharge their duty with faithfulness and loyalty . i shall now proceed to give some account of those things i propos'd in the book i published the last session of parliament ; but shall only refer to such of them as are now put in practice : i had observ'd what little use we had made of our shipping , tho being so much superiour to the enemy in our strength at sea , especially the two preceding years ; one of which we could not find them out , the other they had gotten up into the straits , when and where they destroy'd so much of our shipping : and yet both we lay idle ( as i may say ) upon the coast , and made no attempt upon their maritime towns ; but suffer'd them to draw their whole strength into flanders , to the great dishonour of the nation : which i conceiv'd to be no ways parallel to the actions of our fore-fathers ; the apprehension of which , made me presume to write that bold dedication i did to the parliament ; where you may see these following words : it astonishes me , when i consider that two nations , who are so potent at sea as we and the dutch are , should not make a more advantageous use of that strength which god hath given us : the being strongest at sea , was ever an unspeakable advantage ; which is apparent to the whole world that we are , notwithstanding those losses we have had . and we may plainly see that the providence of god generally works and brings things to pass by natural causes and effects , as may evidently be seen by the late revolution in this kingdom : for it was by the evil administration of government , under various circumstances of affairs , that contributed to it , and which gave just ground and occasion for it ; and was that which turn'd the hearts of the people , and thereby begat a union of parties , and was the great outward cause of our present settlement . therefore in vain will it be for us to cry unto god for help , and to give a blessing to our endeavours , when we take not apt and proper measures . and this year we have seen quite different measures taken , from what hath been the whole course of this war , greatly to the honour and interest of the kingdom : and the going of admiral russel into the straits , is certainly much to the glory of this nation , and ecchoes into all parts of the world ; and has not only sav'd an ally from ruin , but hath , as it were , clap'd a hook in the nose of our great adversary , which makes him plunge like the great leviathan ; and if the blow be follow'd , it will humble him , and make him know he 's but man , and that all his flatterers are but so many false prophets . and whoever will but consider the strange alteration there hath been in the publick affairs , in reference to the prosecution of the war against france , and read but the last recited dedication , will be apt to conclude , i was instrumental in it ; not that i am so vain as to think , it has been done upon the account of my writing , but am of the opinion , that there are many worthy ministers of state , who had long endeavoured to have had such measures taken , but were not able to prevail . but matters being laid open to the view of the world , it may no doubt , in some degree , have furthered their good intentions . i presented to the right honourable the lords of the admiralty , proposals for laying aside the press-ketches , and for taking up the sailers ( in the several ports ) by the custom-house officers , it being seen by experience , that they generally fly up into the country , or otherway abscond , so soon as the press-ketches arrive in port ; which puts their majesties to a great and unnecessary charge : and there are many judicious persons ( who well understand these affairs ) have thought this might be put in practice in most of the out-ports of the kingdom , and thereby prevent that great obstruction to trade , which is occasion'd by a continual press . and upon the result of the matter , their lordships answer to me was , that the fleet was out , and they could not then put my proposition in execution ; so i took it for granted , they did approve of what i had done , ( having answer'd all objections ) ; but their lordships have not since thought fit to put it in practice : therefore i could heartily wish the matter were inspected into as to the validity of it , by those who have a power so to do . my zeal for the publick , has made me transgress and break promise , in giving a relation of this matter that is not put in practice ; but the importance of it being consider'd , i conceive i cannot be blam'd for so doing . and observing what an injury the nation receiv'd from the great imbargoes that were every year laid upon shipping , i did ( at the same time i made the proposals ) what in me lay to remove so great an evil , and therein prov'd to be successful ; and so shall give some account of the matter , as it was offer'd to their lordships , in a copy of a letter to the lords of the admiralty , which you may see just after the preface to the reader . upon the delivery of this letter , i was call'd in before their lordships : where it was read ; and they told me it was an easy matter to say a thing , and ask'd me if i could give reasons to prove what i did assert ? so they put me upon answering this , if any hardship must lie upon shipping , it should rather be thrown upon the coasting trade . which i did deliver , and endeavour'd to prove by another letter to the lords of the admiralty , immediately following the foregoing letter . and besides these letters , i further fully demonstrated , ( as appears in the book i published , to which i refer the reader ) that there was no manner of occasion for laying any imbargo , there being a sufficient body of sailers , to answer the end of government , and the necessities of trade : and this year we see there has been none laid , notwithstanding the king has taken several thousands of sailers more into his service , than at any time during this war. and their lordships are now so far from laying an imbargo , that they have put forth strict orders , that no press-masters presume to meddle with any sailers on board outward-bound shipping . by all which i have here related , i doubt not but it appears to any impartial man , that the arguments i us'd was the cause of laying aside the imbargo ; if not , why was it not done before , when there was less occasion for an imbargo than there is now ? but solomon tells us , a poor man sav'd a city , and no body remembered that poor man : so it 's no wonder at all that i go unrewarded , in an age and nation where corruption so much abounds . i likewise humbly propos'd an act of tunnage , for laying six pence per tun upon all coasters , &c. which may be seen p. , &c. of my printed book : and seeing the act now in force extends not to barges , &c. i think it not amiss to repeat what i then propos'd . proposals for an act of tunnage . when the kingdom is engag'd in war , it 's not only requisite , but equitable , that all persons , according to their several degrees and qualities , should contribute to the emergencies of the state ; all due regard being first had to husbandry and trade : and wherein things do not obstruct or impede either , it 's but reasonable . and indeed there are many whose estates and effects lie in shipping , who have no ways yet contributed any thing to the publick , during the whole course of this war ; and who are under good circumstances , and capable of paying taxes proportionable to the rest of the king's subjects , and no injury thereby done to trade . they may , it 's true , plead they are at great charge to the light-houses , and by convoy-money ; which is no hardship upon them , it being brought in upon the merchants as average . unless it fall upon colliers ; and it 's well known they get a great deal of money , notwithstanding all the charge they are at , and the great wages they give . and it may further be objected by them , that they are liable to great dangers , and many of them taken by the enemy . all which is no more than what the merchants are expos'd to ; whose effects are generally of much greater consequence than their shipping , yet are no ways exempted from paying greater duties , both inward and outward ; notwithstanding any great losses they have had , or may hereafter meet withal . therefore , it seems altogether unreasonable , that these persons should be exempted from being tax'd , when there may thereby be so much money rais'd , as will be of great importance to the government . but that things may be done in all due moderation , that no good subject shall have any just cause of complaint , and not one tax'd more than another ; it would be requisite , i humbly conceive , to have an act of parliament made to lay it as a tunnage , with due r●gard being had to the burden and voyage of each ship , and to make a distinction between coasters and vessels outward bound , according to these ensuing propositions . proposition i. that all coasters whatever , ( except colliers ) pay six pence per tun to the collector of each port where he takes his lading , according as the ship shall measure : but if he shall not have his full lading , then a deduction to be made according to what he wants ; or if he shall afterwards have the misfortune to fall into the hands of the enemies , then he shall have the liberty to draw back what tunnage he paid that voyage , and be paid upon demand , or be allow'd it by debenter , and have twelve months time so to do , after the loss of the said ship : but all colliers shall pay their tunnage in that port they break bulk and vnload ; unless it be such of them as are outward bound . as to holland , ireland , &c. they shall pay it as the coasters do , in that port in which they take their lading ; but be liable to pay no greater tunnage than they do . proposition ii. that all outward-bound ships , except colliers , bound either for holland , flanders , portugal , denmark , ireland , &c. pay twelve pence per tun , according as each ship shall measure ; and in case any of them shall happen to be taken by the enemy , before they have perform'd their intended voyage , then they shall draw back this tunnage , and be paid by the collector upon demand , or be allow'd it by debenter . and all inward-bound ships , from the abovesaid countries , either english or foreign , shall pay two shillings per tun ; and in case they shall not have their full l●…ding , deduction shall be made for the same . proposition iii. that all outward-bound ships that shall be bound either to the east or west-indies , straits , east-country , coast of africa , &c. shall pay two shillings per tun ; but in case they shall fall into the enemies hands , and not perform their voyage , then they shall draw back the said tunnage , and be paid upon demand , or by debenter . and all inward-bound ships , from the foresaid countries , shall pay four shillings per tun , and not be clear'd till the said monies paid . proposition iv. that all western barges , and all other barges whatever ; all fish-smacks , hoys , lighters , ( except such who constantly carry dung or soil ) shall pay twenty shillings per quarter , and pay the money every quarter to the collector of each respective port , within six weeks after it becomes due ; and upon default thereof , to pay double : and that they come and make entry of them , with the names of the owners , at the custom-house of that port or harbour they use , ( but this shall be done without fee ) within six weeks after the act takes place . this foregoing matter i did present to several ministers of state , a month before it was published ; and they were pleased to acknowledg it the first of that nature that had been offer'd to the government . and shipping before was ever look'd upon to be as sacred as church-lands . it 's not to be denied , but that 't is greatly improv'd , beyond what i propos'd ; i always thought it might be so , and am very glad to see it brought to that perfection it is . there is a worthy gentleman , who upon the exchange was pleased to say , he was the first man that propos'd the tunnage act to the king. and not unlike , ( but he cannot forget that i presented him with a book , wherein it was propos'd four months before ever it was mov'd ) ; and his majesty has no ways been wanting to him , but has put him into an honourable station . and indeed his goodness is such , that he never fails to recompence those that do him service , if the matter comes to his knowledg : and if others would but imitate his vertue , and follow his example , his majesty would be better serv'd . and whoever those worthy gentlemen are , that first mov'd and occasion'd the royal bank , ought to have their statues set in brass , to perpetuate their memory to future ages : for it will appear every day more and more , to be of great importance to the kingdom , ( besides the advantage that accrues to them who are concern'd in it ) it being that which this nation hath long wanted ; and no foreign bank whatever can compare with it , or appear to be built upon so solid a foundation . and the tunnage is the most insensibly felt of any tax that hath yet been levied ; for altho the merchants and owners of shipping disburse the money , yet it cannot be said to be any thing out of their pockets ; for it doth consequently advance the goods , proportionable to what 's paid , it being general ; so it doth , as it were , diffuse it self into all parts of the kingdom : and by what has been before related , certainly there 's no man but will grant that i laid the first foundation of the tunnage act , ( or that i had the gift of prophecy , having propos'd it six months before it was past into an act ) ; but the matter 's too plain to be question'd , and there are some persons at court ( by the station they are in ) who are oblig'd in honour and justice to give incouragement to men that do any thing that contributes to the publick service ; who notwithstanding , make but tools of them , to the prejudice of their majesties and the kingdom , and dishonour of the nation . for rewards and punishment are the support and axis upon which all governments move . therefore these things are not writ ( as st. paul says in another case ) for his sake that did the wrong , or his that receiv'd the wrong ; but that the nation may see . — what is it the french king at this day owes all his vast improvements by sea , and conquest by land too , but the faithfulness of his ministers , and the great rewards he never fails to give them that do him service ? ( honos alit artes. ) it 's that which makes men bold and daring , and even out-brave death it self , and knits the minds of men fast to a prince . for all men naturally are well pleas'd to see persons rewarded for service done : it 's that which begets a steady loyalty , and puts hope in every man ; and it 's no other than what hath ever been the practice of all the civilized nations and ages in the world. and our fore-fathers were always careful to see it executed : and 't is the method that even god himself takes with sinful man , that so he may wean his affections from these transient things below , and have an eye unto the recompence of reward . and so thus while we neglect our duty , we tempt providence . therefore until better measures are taken , i cannot see with what confidence we can think to prosper : for miracles are ceased , and god expects we use such methods as conduce and have a tendency to peace and happiness ; otherwise , if we miscarry , it may truly be said , we have been the authors of our own ruin. but it 's the parliament , and only they , that are able to cope with , and engage this hydra ( this many-headed monster ) ; for they are the great council and physicians of the nation , and have never been wanting to redress national grievances . i shall conclude with that excellent form of prayer , compos'd by our church : most gracious god , we humbly beseech thee , as for this kingdom in general ; so especially for the high court of parliament under our most religious and gracious king and queen at this time assembled : that thou wouldest be pleased to direct and prosper all their consultations to the advancement of thy glory , the good of thy church , the safety , honour , and welfare of their majesties and their kingdoms ; that all things may be so ordered and settled by their endeavours upon the best and surest foundations , that peace and happiness , truth and justice , religion and piety , may be established among us for all generations . these and all other necessaries for them , for us and thy whole church , we humbly beg in the name and mediation of jesus christ our most blessed lord and saviour . amen . finis . the humble addresse of john musgrave to the supreme authority, the parliament of the common wealth of england musgrave, john, fl. . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing m ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing m estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the humble addresse of john musgrave to the supreme authority, the parliament of the common wealth of england musgrave, john, fl. . england and wales. parliament. p. s.n., [london : ] caption title. dated on p. : the second of the th. moneth, . place and date of publication suggested by wing. imperfect: torn, with slight loss of print. reproduction of original in the harvard university library. eng great britain -- history -- commonwealth and protectorate, - . great britain -- politics and government -- - . a r (wing m ). civilwar no the humble addresse of john musgrave to the supreme authority, the parliament of the common wealth of england musgrave, john d the rate of defects per , words puts this text in the d category of texts with between and defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion the humble addresse of john musgrave , to the supreme authority , the parliament of the common wealth of england . to the right honourable william lenthall , speaker to the honourable house of parliament ; and to every individual member thereof . right honourable , before this parliament begun , i suffered not a little , lost the favour and friendship of my great kindred , for asserting the common liberty against the arbitrary proceedings of the corrupt judges in the case of ship-money . upon the tryal of the earl of strafford , i was produced as a witnesse , attended upon my own charge ; and then it was said , i did the parliament an acceptable service , as my lord commissioner whitlock well remembers . upon my return into the country after the said earl's tryal , i was committed to carlisle castle by sheriff dikes ; because i gave evidence again the earl upon his tryal . upon the late king's leaving the parliament , and going to york , i was accused and committed for treason , for my affection to the parliament . afterwards for refusing the oath of allegiance , and for adhering to the parliament , i was condemned in premunire , to forfeit lands and goods , and to be imprisoned during life , and a hundred pound , after i got my liberty , was bidden by sir philip musgrave , to bring me in alive or dead , and the little estate i had , then seized on , and my self declared traytor . i was forced to flye into scotland for my life , ( the parliament having no garrison near us ) where i lived in exile two years , untill our country was reduced to obedience of parliament . i discovered the treachery of sir wilfride lawson , and others intrusted for the parliament , who ( while i attended here ) betrayed the country twice into the enemies hand . while i was prisoner to the parliament in the fleet , i did give intelligence to the armies agitators , and otherwise was useful to the army , as col. saxby , and lieut. col. joyce , can give accompt of , which the l. general took special notice of , upon his coming up to the parliament against the city : and the l. general upon his march for scotland , recommended my petition to mr. weaver , to present to the parliament ; but mr. weaver going into ireland , could not do it . upon special order from the councel of state , i brought in my exceptions to the now commissio●ers of the militia for cumberland , made good the ●●me , they being all disaffected to the present go●ernment , and most of them formerly actually in ●rmes against the parliament . the other day , they suffered men , to carry away colonel henningham steward from rose castle , within two miles of carlisle , without resistance , though they had timely notice of it , and none of the enemies forces within miles of carlisle ; which as they are treacherous , discover'd them also to be base and cowardly . the commissioners for the militia in cumberland , are also commissioners for sequestrations , and for ministers , who protect delinquents from sequestrations , and keeps in their places malignant and disaffected ministers . that by an order of parliament ( made the . of february , . ) for concealed delinquents in cumberland , the parliament and common wealth will be cheated of five thousand by year , if the commissioners for sequestrations in cumberland ( as that order directs ) have the disposing of the concealments ; the commissioners for sequestrations there being delinquents , and sequestrable . that most of the delinquents in the north , who have compounded at goldsmiths hall , have compounded at far under-valewes ; and more concealed not compounded for : but all such as sollicite for the common wealth , receive such discouragements from the commissioners at haberdashers hall , as few men will make any further discoveries : if desired , i shall particularize wherein . that some in the north have compounded with sir arthur haslerigg , and paid their fines , yet their estates are kept under sequestration , and the commmissioners for compounding , will not give order 〈◊〉 discharge the same ; but wearies the parties out wit● delayes , to the great oppression of such . that i have brought in to the common wealth by discoveries , ( upon my own charge ) four thousand pounds by year , whereof the common wealth is now actually possessed ; and my discoveries not perfected , i will undertake if finished , will amount unto above ten thousand pounds per annum ; but untill i have my petition read , in alderman allan's hand , i am wholly disabled , as discouraged , further to proceed therein . if you refuse to receive our petitions , remove delinquents out of the militia , bring to examination our complaints , as those under you in authority have in the northern parts , from time to time betrayed and given us up to the enemy ; and by oppression enriched themselves : pardon my boldnesse , we cannot but impute the fault hereof to you , and you will make your selves guilty of the losse , harm , and bloud , the enemies shall do and shed in this nation ; our country being a door or inlet for any enemy . if you will revoke your order of the . of november , . i will undertake without any charge to you , out of the moyeties of my discoveries , to raise ● l. for a manufacture in cumberland ; and l. for the distressed well-affected there ; and will raise and maintain horse with their riders , under faithful commanders , whom the generall shall approve of ; the other moyety of the discoveries to come into the publick treasury , the fifths for my travel and charges onely deducted . if you approve not of this , then pardon all our ●orthern delinquents ; for better so , then the whole profits of them , to be swallowed up by a few malignant men , who enrich themselves thereby , and cheat the common wealth of thousands . whereas it may be objected , multiplicity of state-businesse hinders private to be heard by you . . i answer , our noble general and the officers of the army , upon complaint from country men of disorder in any souldier , might give the like answer ; but we see not the least offence upon that accompt passed by , but examined , and severely punished ; and thereby it is the best ordered disciplin'd army that ever europe had . . i observe not withstanding the objection , the great and eminent lawyers of the house , for a ten shillings fee , will wave all state businesse in parliament , and attend at the bar of any court in westminster hall , and so whole termes , and take their perambulations for money with the judges in their several circuits . . i see and observe , cavaleers and delinquents frequently and daily have their petitions read , and ready dispatches , without any long attendance : so publick businesse is but pretences and meer excuses , no reality or weight in it . we have none sitting in parliament for cumberland , but sir john ipsley , who never to this day preferred a petition for any well-affected in cumberland ; but ready ever to serve cavaliers and delinquents here , i will forbear to say more , in hope he may grow better , as older ) and alderman allan , who hath such great imployments and state-businesse , that he cannot mind us . i never sought nor affected a place or office , neither ever will . i never had sallery or profit for any service i ever did you . many grow rich by your offices , i desire to recover my own by your justice , whereby i may be the better enabled to serve my country : and if my petition in alderman allan's hand may be read , as i doubt not your justice , so the commons will be benefited thereby , many thousand pounds . being friendlesse and meanlesse , otherwise then by this addresse to come unto you . if any man of honour , upon reading the same , consider mine and my countries condition procure us right and justice , i shall be thankful , and blesse god for it ; till when , i will live in hope , and ever be as i write , the second of the th. moneth , . your honours humble servant , for justice sake , john musgrave . the copy of a letter , written by the church at broughton in cumberland , to john musgrave . kinde friend , upon your return from london the last michaelmas term we were much gladded the councel of state was pleased to hear you upon your exceptions to the commissioners of the militia , and for their declaration to redress our grievances complained of by you in your remonstrance ( but when we understood that sir arthur haslerig had procured the same men whom you excepted against , not only to be commissioners for the militia , but for the ministery ) we were cast down , conceiving the enemy to be potent and prevailing more on you , because of your negligence , though formerly you have been very active and suffering for your countrey , yet in this we cannot but blame you , being confident that if the councel of state had known what manner of men they were , how disaffected to the present parliament , either cavaliers , or of the scottish faction , not one of them would have been approved by the councel of state , unless the governour of carlile , who in regard he is a stranger is wholly guided by the other ; as for the militia , they pursue not the act , but take a disposing power of mens estates , setting some the half horse , where his estate is not equal , to such they impose but a third part : and for the ministry , they approve of few or none , but such as be either of the scottish faction , and raylers against independents , or if worse may be , such as are malignants and royalists ; but for honest men they cannot abide , such they remove and put out of the ministry under the name of sectaries and independents ; as mr. lampit , mr. baggerley , and mr. wharton ; if any be for the presbytery , though he deny the ingagement , approved of , and allowed , our justices of the peace do impose bookswearing upon some of the states friends , and for denying of the same do fine them in ten pounds , threatning them , and scoffing and calling as they think good . mr. musgrave be not weary of well doing , though you have no money nor wages from us , slight us not , it concerns you neerly ; if the enemy be thus holden up , you can expect little ease , and less security ; therefore as you tender your owne welfare , and your friends peace , be not sluggish , or longer silent , but stand for the cause of god and his people ; be bold , it will be your honour , whatsoever the success be , trust god : sir , however bad our condition is , we will not cease to trouble you , hoping you will take in good part what we have written ; you will not forsake your suffering friends , or in silence leave us under our enemies hands ; let the god of power inable you to finish what ye have begun for the good of his church and people in these parts , to whose protection and care we recommend you and our cause , this . of the ninth moneth , . your brethren in affection , and signed by the direction of the church at broughton in particular , viz. joh. robinson , munge rothery , gowen wheelwright , john tiffin ▪ john bow , john scot , francis smith , thomasthompson , john nicholson . for mr. john musgrave . the councel of state , after my two years attendance , notwithstanding their many promises , and declaration , have left me and my cause wholly to the parliament . finis . a declaration of the gentry of the county of devon, met at the general quarter sessions at exeter for a free parliament together with a letter from exeter. england and wales. court of quarter sessions of the peace (exeter) this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing d ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing d estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a declaration of the gentry of the county of devon, met at the general quarter sessions at exeter for a free parliament together with a letter from exeter. england and wales. court of quarter sessions of the peace (exeter) sheet ([ ] p.) s.n. [london? : ] caption title. reproduction of original in huntington library. eng great britain -- politics and government -- - -- sources. broadsides -- england -- london -- th century a r (wing d ). civilwar no a declaration of the gentry of the county of devon, met at the generall quarter sessions at exeter, for a free parliament. together with a l england and wales. court of quarter sessions of the peace a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - john pas sampled and proofread - john pas text and markup reviewed and edited - pfs batch review (qc) and xml conversion a declaration of the gentry of the county of devon , met at the generall quarter sessions at exeter , for a free parliament : together with a letter from exeter . to the right honorable william lenthall speaker of the parliament . we the gentry of the county of devon , finding our selves without a regular government , after your last interruption , designed a publick meeting , to consult remedies , which we could not so conveniently effect till this week , at our generall quarter sessions at exon : where we find divers of the inhabitants groaning under high oppressions , and a generall defect of trade , to the utter ruine of many , and fear of the like to others , which is as visible in the whole county , that occasioned such disorders , that were no small trouble and disturbance to us ; which , by god's blessing upon our endeavours , were soon supprest and quieted , without blood . and though we find , since our first purposes , an alteration in the state of affairs , by your re-assembling at the helm of government , yet conceive , that we are but in part redrest of our grievances ; and that the chief expedient for it will be the recalling of all those members that were secluded in . and sat before the first force upon the parliament . and also by filling up the vacant places . and all to be admitted , without any oath and engagement , previous to their entrance . for which things , if you please to take a speedy course , we shall defend you against all opposers , and future interrupters , with our lives and fortunes . for the accomplishment whereof , we shall use all lawfull means , which we humbly conceive may best conduce to the peace and safety of this nation . exon , th of january , . sir , the inclosed is a copy of what this grand meeting , to which the most considerable of the gentry have subscribed . mr. bampfield , recorder of exon , is gone this night post to deliver it to the speaker . that the cornish men have done more , is no newes . this city , in very great numbers , lordly exprest their desires for a free parliament . the apprentices and young men of the city got the keys of the gates , and keep them lockt , without taking notice of the magistrates , and lesse of tho souldiers . the readie and easie vvay to establish a free commonwealth and the excellence therof compar'd with the inconveniences and dangers of readmitting kingship in this nation / the author j.m. milton, john, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing m ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing m estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the readie and easie vvay to establish a free commonwealth and the excellence therof compar'd with the inconveniences and dangers of readmitting kingship in this nation / the author j.m. milton, john, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing m ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread p. printed for the author, london : . reproduction of original in the harvard university library. eng state, the. great britain -- politics and government -- - . great britain -- history -- commonwealth and protectorate, - . a r (wing m ). civilwar no the readie and easie vvay to establish a free commonwealth and the excellence therof compar'd with the inconveniences and dangers of readmit milton, john b the rate of defects per , words puts this text in the b category of texts with fewer than defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - chris scherer sampled and proofread - chris scherer text and markup reviewed and edited - pfs batch review (qc) and xml conversion the readie and easie way to establish a free commonwealth ; and the excellence therof com par'd with the inconveniencies and dangers of readmitting kingship in this nation . the second edition revis'd and augmented . the author j. m. — — — et nos consilium dedimus syl'ae , demus populo nunc . london , printed for the author , . the readie and easie way to establish a free commonwealth . although since the writing of this treatise , the face of things hath had som change , writs for new elections have bin recall'd , and the members at first chosen , re-admitted from exclusion , yet not a little rejoicing to hear declar'd the resolution of those who are in power , tending to the establishment of a free commonwealth , and to remove , if it be possible , this noxious humor of returning to bondage , instilld of late by som deceivers , and nourishd from bad principles and fals apprehensions among too many of the people , i thought best not to suppress what i had written , hoping that it may now be of much more use and concernment to be freely publishd , in the midst of our elections to a free parlament , or their sitting to consider freely of the government ; whom it behoves to have all things represented to them that may direct thir judgment therin ; and i never read of any state , scarce of any tyrant grown so incurable as to refuse counsel from any in a time of public deliberation ; much less to be offended . if thir absolute determination be to enthrall us , before so long a lent of servitude , they may permitt us a little shroving-time first , wherin to speak freely , and take our leaves of libertie . and because in the former edition through haste , many faults escap'd , and many books were suddenly dispersd , ere the note to mend them could be sent , i took the opportunitie from this occasion to revise and somwhat to enlarge the whole discourse , especially that part which argues for a perpetual senat. the treatise thus revis'd and enlarg'd , is as follows . the parliament of england , assisted by a great number of the people who appeerd and stuck to them faithfullest in defence of religion and thir civil liberties , judging kingship by long experience a government unnecessarie , burdensom and dangerous , justly and magnanimously abolishd it ; turning regal bondage into a free commonwealth , to the admiration and terrour of our emulous neighbours . they took themselves not bound by the light of nature or religion , to any former covnant , from which the king himself by many forfeitures of a latter date or discoverie , and our own longer consideration theron had more & more unbound us , both to himself and his posteritie ; as hath bin ever the justice and the prudence of all wise nations that have ejected tyrannie . they covnanted to preserve the kings person and autoritie in the preservation of the true religion and our liberties ; not in his endeavoring to bring in upon our consciences a popish religion , upon our liberties thraldom , upon our lives destruction , by his occasioning , if not complotting , as was after discoverd , the irish massacre , his fomenting and arming the rebellion , his covert leaguing with the rebels against us , his refusing more then seaven times , propositions most just and necessarie to the true religion and our liberties , tenderd him by the parlament both of england and scotland . they made not thir covnant concerning him with no difference between a king and a god , or promisd him as job did to the almightie , to trust in him , though he slay us : they understood that the solemn ingagement , wherin we all forswore kingship , was no more a breach of the covant , then the covnant was of the protestation before , but a faithful and prudent going on both in the words , well weighd , and in the true sense of the covnant , without respect of persons , when we could not serve two contrary maisters , god and the king , or the king and that more supreme law , sworn in the first place to maintain , our safetie and our libertie . they knew the people of england to be a free people , themselves the representers of that freedom ; & although many were excluded , & as many fled ( so they pretended ) from tumults to oxford , yet they were left a sufficient number to act in parlament ; therefor not bound by any statute of preceding parlaments ; but by the law of nature only , which is the only law of laws truly and properly to all mankinde fundamental ; the beginning and the end of all government ; to which no parlament or people that will throughly reforme , but may and must have recourse ; as they had and must yet have in church reformation ( if they throughly intend it ) to evangelic rules ; not to ecclesiastical canons , though never so ancient , so ratifi'd and establishd in the land by statutes , which for the most part are meer positive laws , neither natural nor moral , & so by any parlament for just and serious considerations , without scruple to be at any time repeal'd . if others of thir number , in these things were under force , they were not , but under free conscience ; if others were excluded by a power which they could not resist , they were not therefore to leave the helm of government in no hands , to discontinue thir care of the public peace and safetie , to desert the people in anarchie and confusion ; no more then when so many of thir members left them , as made up in outward formalitie a more legal parlament of three estates against them . the best affected also and best principl'd of the people , stood not numbring or computing on which side were most voices in parlament , but on which side appeerd to them most reason , most safetie , when the house divided upon main matters : what was well motiond and advis'd , they examind not whether fear or perswasion carried it in the vote ; neither did they measure votes and counsels by the intentions of them that voted ; knowing that intentions either are but guessd at , or not soon anough known ; and although good , can neither make the deed such , nor prevent the consequence from being bad : suppose bad intentions in things otherwise welldon ; what was welldon , was by them who so thought , not the less obey'd or followd in the state ; since in the church , who had not rather follow iscariot or simon the magician , though to covetous ends , preaching , then saul , though in the uprightness of his heart persecuting the gospell ? safer they therefor judgd what they thought the better counsels , though carried on by some perhaps to bad ends , then the wors , by others , though endevord with best intentions : and yet they were not to learn that a greater number might be corrupt within the walls of a parlament as well as of a citie ; wherof in matters of neerest concernment all men will be judges ; nor easily permitt , that the odds of voices in thir greatest councel , shall more endanger them by corrupt or credulous votes , then the odds of enemies by open assaults ; judging that most voices ought not alwaies to prevail where main matters are in question ; if others hence will pretend to disturb all counsels , what is that to them who pretend not , but are in real danger ; not they only so judging , but a great though not the greatest , number of thir chosen patriots , who might be more in waight , then the others in number ; there being in number little vertue , but by weight and measure wisdom working all things : and the dangers on either side they seriously thus waighd : from the treatie , short fruits of long labours and seaven years warr ; securitie for twenty years , if we can hold it ; reformation in the church for three years : then put to shift again with our vanquishd maister . his justice , his honour , his conscience declar'd quite contrarie to ours ; which would have furnishd him with many such evasions , as in a book entitl'd an inquisition for blood , soon after were not conceald : bishops not totally remov'd , but left as it were in ambush , a reserve , with ordination in thir sole power ; thir lands alreadie sold , not to be alienated , but rented , and the sale of them call'd sacrilege ; delinquents few of many brought to condigne punishment ; accessories punishd ; the chief author , above pardon , though after utmost resistance , vanquish'd ; not to give , but to receive laws ; yet besought , treated with , and to be thankd for his gratious concessions , to be honourd , worshipd , glorifi'd . if this we swore to do , with what righteousness in the sight of god , with what assurance that we bring not by such an oath the whole sea of blood-guiltiness upon our own heads ? if on the other side we preferr a free government , though for the present not obtaind , yet all those suggested fears and difficulties , as the event will prove , easily overcome , we remain finally secure from the exasperated regal power , and out of snares ; shall retain the best part of our libertie , which is our religion , and the civil part will be from these who deferr us , much more easily recoverd , being neither so suttle nor so awefull as a king reinthron'd . nor were thir actions less both at home and abroad then might become the hopes of a glorious rising commonwealth : nor were the expressions both of armie and people , whether in thir publick declarations or several writings other then such as testifi'd a spirit in this nation no less noble and well fitted to the liberty of a commonwealth , then in the ancient greeks or romans . nor was the heroic cause unsuccesfully defended to all christendom against the tongue of a famous and thought invincible adversarie ; nor the constancie and fortitude that so nobly vindicated our liberty , our victory at once against two the most prevailing usurpers over mankinde , superstition and tyrannie unpraisd or uncelebrated in a written monument , likely to outlive detraction , as it hath hitherto covinc'd or silenc'd not a few of our detractors , especially in parts abroad . after our liberty and religion thus prosperously fought for , gaind and many years possessd , except in those unhappie interruptions , which god hath remov'd , now that nothing remains , but in all reason the certain hopes of a speedie and immediat settlement for ever in a firm and free common-wealth , for this extolld and magnifi'd nation , regardless both of honour wonn or deliverances voutsaf't from heaven , to fall back or rather to creep back so poorly as it seems the multitude would to thir once abjur'd and detested thraldom of kingship , to be our selves the slanderers of our own just and religious deeds , though don by som to covetous and ambitious ends , yet not therefor to be staind with their infamie , or they to asperse the integritie of others , and yet these now by revolting from the conscience of deeds welldon both in church and state , to throw away and forsake , or rather to betray a just and noble cause for the mixture of bad men who have ill manag'd and abus'd it ( which had our fathers don heretofore , and on the same pretence deserted true religion , what had long ere this become of our gospel and all protestant reformation so much intermixt with the avarice and ambition of som reformers ? ) and by thus relapsing , to verifie all the bitter predictions of our triumphing enemies , who will now think they wisely discernd and justly censur'd both us and all our actions as rash , rebellious , hypocritical and impious , not only argues a strange degenerate contagion suddenly spread among us fitted and prepar'd for new slaverie , but will render us a scorn and derision to all our neighbours . and what will they at best say of us and of the whole english name , but scoffingly as of that foolish builder , mentiond by our saviour , who began to build a tower , and was not able to finish it . where is this goodly tower of a commonwealth , which the english boasted they would build to overshaddow kings , and be another rome in the west ? the foundation indeed they laid gallantly ; but fell into a wors confusion , not of tongues , but of factions , then those at the tower of babel ; and have left no memorial of thir work behinde them remaining , but in the common laughter of europ . which must needs redound the more to our shame , if we but look on our neighbours the united provinces , to us inferior in all outward advantages ; who notwithstanding , in the midst of greater difficulties , courageously , wisely , constantly went through with the same work , and are setl'd in all the happie enjoiments of a potent and flourishing republic to this day . besides this , if we returne to kingship , and soon repent , as undoubtedly we shall , when we begin to finde the old encroachments coming on by little and little upon our consciences , which must necessarily proceed from king and bishop united inseparably in one interest , we may be forc'd perhaps to fight over again all that we have fought , and spend over again all that we have spent , but are never like to attain thus far as we are now advanc'd to the recoverie of our freedom , never to have it in possession as we now have it , never to be voutsaf't heerafter the like mercies and signal assistances from heaven in our cause , if by our ingratefull backsliding we make these fruitless ; flying now to regal concessions from his divine condescensions and gratious answers to our once importuning praiers against the tyrannie which we then groand under : making vain and viler then dirt the blood of so many thousand faithfull and valiant english men , who left us in this libertie , bought with thir lives ; losing by a strange after game of folly , all the battels we have wonn , together with all scotland as to our conquest , hereby lost , which never any of our kings could conquer , all the treasure we have spent , not that corruptible treasure only , but that far more precious of all our late miraculous deliverances ; treading back again with lost labour all our happie steps in the progress of reformation ; and most pittifully depriving our selves the instant fruition of that free government which we have so dearly purchasd , a free common-wealth , not only held by wisest men in all ages the noblest , the manliest , the equallest , the justest government , the most agreeable to all due libertie and proportiond equalitie , both human , civil , and christian , most cherishing to vertue and true religion , but also ( i may say it with greatest probabilitie ) planely commended , or rather enjoind by our saviour himself , to all christians , not without remarkable disallowance , and the brand of gentilism upon kingship . god in much displeasure gave a king to the israelites , and imputed it a sin to them that they sought one : but christ apparently forbids his disciples to admitt of any such heathenish government : the kings of the gentiles , saith he , exercise lordship over them ; and they that exercise authoritie upon them , are call'd benefactors : but ye shall not be so ; but he that is greatest among you , let him be as the younger ; and he that is chief , as he that serveth . the occasion of these his words was the ambitious desire of zebede's two sons , to be exalted above thir brethren in his kingdom , which they thought was to be ere long upon earth . that he speaks of civil government , is manifest by the former part of the comparison , which inferrs the other part to be alwaies in the same kinde . and what government coms neerer to this precept of christ , then a free common-wealth ; wherin they who are greatest , are perpetual servants and drudges to the public at thir own cost and charges , neglect thir own affairs ; yet are not elevated above thir brethren ; live soberly in thir families , walk the streets as other men , may be spoken to freely , familiarly , friendly , without adoration . wheras a king must be ador'd like a demigod , with a dissolute and haughtie court about him , of vast expence and luxurie , masks and revels , to the debaushing of our prime gentry both male and female ; not in thir passetimes only , but in earnest , by the loos imploiments of court service , which will be then thought honorable . there will be a queen also of no less charge ; in most likelihood outlandish and a papist ; besides a queen mother such alreadie ; together with both thir courts and numerous train : then a royal issue , and ere long severally thir sumptuous courts ; to the multiplying of a servile crew , not of servants only , but of nobility and gentry , bred up then to the hopes not of public , but of court offices ; to be stewards , chamberlains , ushers , grooms , even of the close-stool ; and the lower thir mindes debas'd with court opinions , contrarie to all vertue and reformation , the haughtier will be thir pride and profuseness : we may well remember this not long since at home ; or need but look at present into the french court , where enticements and preferments daily draw away and pervert the protestant nobilitie . as to the burden of expence , to our cost we shall soon know it ; for any good to us , deserving to be termd no better then the vast and lavish price of our subjection and their debausherie ; which we are now so greedily cheapning , and would so fain be paying most inconsideratly to a single person ; who for any thing wherin the public really needs him , will have little els to do , but to bestow the eating and drinking of excessive dainties , to set a pompous face upon the superficial actings of state , to pageant himself up and down in progress among the perpetual bowings and cringings of an abject people , on either side deifying and adoring him for nothing don that can deserve it . for what can hee more then another man ? who even in the expression of a late courtpoet , sits only like a great cypher set to no purpose before a long row of other significant figures . nay it is well and happy for the people if thir king be but a cypher , being oft times a mischief , a pest , a scourge of the nation , and which is wors , not to be remov'd , not to be controul'd , much less accus'd or brought to punishment , without the danger of a common ruin , without the shaking and almost subversion of the whole land . wheras in a free commonwealth , any governor or chief counselor offending , may be remov'd and punishd without the least commotion . certainly then that people must needs be madd or strangely infatuated , that build the chief hope of thir common happiness or safetie on a single person : who if he happen to be good , can do no more then another man , if to be bad , hath in his hands to do more evil without check , then millions of other men . the happiness of a nation must nee●s be firmest and certainest in a full and free councel of thir own electing , where no single person , but reason only swa●es . and what madness is it , for them who might manage nobly thir own affairs themselves , sluggishly and weakly to devolve all on a single person ; and more like boyes under age then men , to committ all to his patronage and disposal , who neither can performe what he undertakes , and yet for undertaking it , though royally paid , will not be thir servant , but thir lord ? how unmanly must it needs be , to count such a one the breath of our nostrils , to hang all our felicity on him , all our safetie , our well-being , for which it we were aught els but sluggards or babies , we need depend on none but god and our own counsels , our own active vertue and industrie ; go to the ant , thou sluggard , saith solomon ; consider her waies , and be wise ; which having no prince , ruler , or lord , provides her meat in the summer , and gathers her food in the harvest . which evidenly shews us , that they who think the nation undon without a king , though they look grave or haughtie , have not so much true spirit and understanding in them as a pismire : neither are these diligent creatures hence concluded to live in lawless anarchie , or that commended , but are set the examples to imprudent and ungovernd men , of a frugal and selfgoverning democratie or commonwealth ; safer and more thriving in the joint providence and counsel of many industrious equals , then under the single domination of one imperious lord . it may be well wonderd that any nation styling themselves free , can suffer any man to pretend hereditarie right over them as thir lord ; when as by acknowledging that right , they conclude themselves his servants and his vassals , and so renounce thir own freedom . which how a people and thir leaders especially can do , who have fought so gloriously for liberty , how they can change thir noble words and actions , heretofore so becoming the majesty of a free people , into the base necessitie of court flatteries and prostrations , is not only strange and admirable , but lamentable to think on . that a nation should be so valorous and courageous to winn thir liberty in the field , and when they have wonn it , should be so heartless and unwise in thir counsels , as not to know how to use it , value it , what to do withit or with themselves ; but after ten or twelve years prosperous warr and contestation with tyrannie , basely and besottedly to run their necks again into the yoke which they have broken , and prostrate all the fruits of thir victorie for naught at the feet of the vanquishd , besides our loss of glorie , and such an example as kings or tyrants never yet had the like to boast of , will be an ignomine if it befall us , that never yet befell any nation possessd of thir libertie ; worthie indeed themselves , whatsoever they be , to be for ever slaves : but that part of the nation which consents not with them , as i perswade me of a great number , far worthier then by their means to be brought into the same bondage . considering these things so plane , so rational , i cannot but yet furder admire on the other side , how any man who hath the true principles of justice and religion in him , can presume or take upon him to be a king and lord over his brethren , whom he cannot but know whether as men or christians , to be for the most part every way equal or superior to himself : how he can display with such vanitie and ostentation his regal splendor so supereminently above other mortal men ; or being a christian , can assume such extraordinarie honour and worship to himself , while the kingdom of christ our common king and lord , is hid to this world , and such gentilish imitation forbid in express words by himself to all his disciples . all protestants hold that christ in his church hath left no vicegerent of his power , but himself without deputie , is the only head therof , governing it from heaven : how then can any christian-man derive his kingship from christ , but with wors usurpation then the pope his headship over the church , since christ not only hath not left the least shaddow of a command for any such vicegerence from him in the state , as the pope pretends for his in the church , but hath expressly declar'd , that such regal dominion is from the gentiles , not from him , and hath strictly charg'd us , not to imitate them therin . i doubt not but all ingenuous and knowing men will easily agree with me , that a free commonwealth without single person or house of lords , is by far the best government , if it can be had ; but we have all this while say they bin expecting it , and cannot yet attain it . t is true indeed , when monarchie was dissolvd , the form of a commonwealth should have forthwith bin fram'd ; and the practice therof immediatly begun ; that the people might have soon bin satisfi'd and delighted with the decent order , ease and benefit therof : we had bin then by this time firmly rooted , past fear of commotions or mutations , & now flourishing : this care of timely setling a new government instead of ye old , too much neglected , hath bin our mischief . yet the cause therof may be ascrib'd with most reason to the frequent disturbances , interruptions and dissolutions which the parlament hath had partly from the impatient or disaffected people , partly from som ambitious leaders in the armie ; much contrarie , i beleeve , to the mind and approbation of the armie it self and thir other commanders , once undeceivd , or in thir own power . now is the opportunitie , now the very season wherein we may obtain a free commonwealth and establish it for ever in the land , without difficulty or much delay . writs are sent out for elections , and which is worth observing in the name , not of any king , but of the keepers of our libertie , to summon a free parlament : which then only will indeed be free , and deserve the true honor of that supreme title , if they preserve us a free people . which never parlament was more free to do ; being now call'd , not as heretofore , by the summons of a king , but by the voice of libertie : and if the people , laying afide prejudice and impatience , will seriously and calmly now consider thir own good both religious and civil , thir own libertie and the only means thereof , as shall be heer laid before them , and will elect thir knights and burgesses able men , and according to the just and necessarie qualifications ( which for aught i hear , remain yet in force unrepeald , as they were formerly decreed in parlament ) men not addicted to a single person or house of lords , the work is don ; at least the foundation firmly laid of a free common-wealth , and good part also erected of the main structure . for the ground and basis of every just and free government ( since men have smarted so oft for commiting all to one person ) is a general councel of ablest men , chosen by the people to consult of public affairs from time to time for the common good . in this grand councel must the sovrantie , not transferrd , but delegated only , and as it were deposited , reside ; with this caution they must have the forces by sea and land committed to them for preservation of the common peace and libertie ; must raise and manage the public revenue , at least with som inspectors deputed for satisfaction of the people , how it is imploid ; must make or propose , as more expressly shall be said anon , civil laws ; treat of commerce , peace , or warr with forein nations , and for the carrying on som particular affairs with more secrecie and expedition , must elect , as they have alreadie out of thir own number and others , a councel of state . and although it may seem strange at first hearing , by reason that mens mindes are prepossed with the notion of successive parlaments , i affirme that the grand or general councel being well chosen , should be perpetual : for so thir business is or may be , and oft times urgent ; the opportunitie of affairs gaind or lost in a moment . the day of counsel cannot be set as the day of a festival ; but must be readie alwaies to prevent or answer all occasions . by this continuance they will become everie way skilfullest , best provided of intelligence from abroad , best acquainted with the people at home , and the people with them . the ship of the commonwealth is alwaies under sail ; they sit at the stern ; and if they stear well , what need is ther to change them ; it being rather dangerous ? and to this , that the grand councel is both foundation and main pillar of the whole state ; and to move pillars and foundations , not faultie , cannot be safe for the building . i see not therefor , how we can be advantag'd by successive and transitorie parlaments ; but that they are much likelier continually to unsettle rather then to settle a free government ; to breed commotions , changes , novelties and uncertainties ; to bring neglect upon present affairs and opportunities , while all mindes are suspense with expectation of a new assemblie , and the assemblie for a good space taken up with the new setling of it self . after which , if they finde no great work to do , they will make it , by altering or repealing former acts , or making and multiplying new ; that they may seem to see what thir predecessors saw not , and not to have assembld for nothing : till all law be lost in the multitude of clashing statutes . but if the ambition of such as think themselves injur'd that they also partake not of the government , and are impatient till they be chosen , cannot brook the perpetuitie of others chosen before them , or if it be feard that long continuance of power may corrupt sincerest men , the known expedient is , and by som lately propounded , that annually ( or if the space be longer , so much perhaps the better ) the third part of senators may go out according to the precedence of thir election , and the like number be chosen in thir places , to prevent the setling of too absolute a power , if it should be perpetual : and this they call partial rotation . but i could wish that this wheel or partial wheel in state , if it be possible , might be avoided ; as having too much affinitie with the wheel of fortune . for it appeers not how this can be don , without danger and mischance of putting out a great number of the best and ablest : in whose stead new elections may bring in as many raw , unexperienc'd and otherwise affected , to the weakning and much altering for the wors of public transactions ▪ neither do i think a perpetual senat , especially chosen and entrusted by the people , much in this land to be feard , where the well-affected either in a standing armie , or in a setled militia have thir arms in thir own hands . safest therefor to me it seems and of least hazard or interruption to affairs , that none of the grand councel be mov'd , unless by death or just conviction of som crime : for what can be expected firm or stedfast from a floating foundation ? however , i forejudge not any probable expedient , any temperament that can be found in things of this nature so disputable on either side . yet least this which i affirme , be thought my single opinion , i shall add sufficient testimonie . kingship it self is therefor counted the more safe and durable , because the king and , for the most part , his councel , is not chang'd during life : but a commonwealth is held immortal ; and therin firmest , safest and most above fortune : for the death of a king , causeth ofttimes many dangerous alterations ; but the death now and then of a senator is not felt ; the main bodie of them still continuing permanent in greatest and noblest commonwealths , and as it were eternal . therefor among the jews , the supreme councel of seaventie , call'd the sanhedrim , founded by moses , in athens , that of areopagus , in sparta , that of the ancients , in rome , the senat , consisted of members chosen for term of life ; and by that means remaind as it were still the same to generations . in venice they change indeed ofter then every year som particular councels of state , as that of six , or such other ; but the true senat , which upholds and sustains the government , is the whole aristocracie immovable . so in the united provinces , the states general , which are indeed but a councel of st te deputed by the whole union , are not usually the same persons for above three or six years ; but the states of every citie , in whom the sovrantie hath bin plac'd time out of minde , are a standing senat , without succession , and accounted chiefly in that regard the main prop of thir liberty . and why they should be so in every well orderd common-wealth , they who write of policie , give these reasons ; " that to make the senat successive , not only impairs the dignitie and lustre of the senat , but weakens the whole commonwealth , and brings it into manifest danger ; while by this means the secrets of state are frequently divulgd , and matters of greatest consequence committed to inexpert and novice counselors , utterly to seek in the full and intimate knowledge of affairs past . " i know not therefor what should be peculiar in england to make successive parlaments thought safest , or convenient here more then in other nations , unless it be the fickl'ness which is attributed to us as we are ilanders : but good education and acquisit wisdom ought to correct the fluxible fault , if any such be , of our watry situation . it will be objected , that in those places where they had perpetual senats , they had also popular remedies against thir growing too imperious : as in athens , besides areopagus , another senat of four or five hunderd ; in sparta , the ephors ; in rome , the tribunes of the people . but the event tels us , that these remedies either little availd the people , or brought them to such a licentious and unbridl'd democratie , as in fine ruind themselves with thir own excessive power . so that the main reason urg'd why popular assemblies are to be trusted with the peoples libertie , rather then a senat of principal men , because great men will be still endeavoring to inlarge thir power , but the common sort will be contented to maintain thir own libertie , is by experience found false ; none being more immoderat and ambitious to amplifie thir power , then such popularities ; which was seen in the people of rome ; who at first contented to have thir tribunes , at length contended with the senat that one consul , then both ; soon after , that the censors and praetors also should be created plebeian , and the whole empire put into their hands ; adoring lastly those , who most were advers to the senat , till marius by fulfilling thir inordinat desires , quite lost them all the power for which they had so long bin striving , and left them under the tyrannie of sylla : the ballance therefor must be exactly so set , as to preserve and keep up due autoritie on either side , as well in the senat as in the people . and this annual rotation of a senat to consist of three hunderd , as is lately propounded , requires also another popular assembly upward of a thousand , with an answerable rotation . which besides that it will be liable to all those inconveniencies found in the foresaid remedies , cannot but be troublesom and chargeable , both in thir motion and thir session , to the whole land ; unweildie with thir own bulk , unable in so great a number to mature thir consultations as they ought , if any be allotted them , and that they meet not from so many parts remote to sit a whole year lieger in one place , only now and then to hold up a forrest of fingers , or to convey each man his bean or ballot into the box , without reason shewn or common deliberation ; incontinent of secrets , if any be imparted to them , emulous and always jarring with the other senat. the much better way doubtless will be in this wavering condition of our affairs , to deferr the changing or circumscribing of our senat , more then may be done with ease , till the commonwealth be throughly setl'd in peace and safetie , and they themselves give us the occasion . militarie men hold it dangerous to change the form of battel in view of an enemie : neither did the people of rome bandie with thir senat while any of the tarquins livd , the enemies of thir libertie , nor sought by creating tribunes to defend themselves against the fear of thir patricians , till sixteen years after the expulsion of thir kings , and in full securitie of thir state , they had or thought they had just cause given them by the senat. another way will be , to welqualifie and refine elections : not committing all to the noise and shouting of a rude multitude , but permitting only those of them who are rightly qualifi'd , to nominat as many as they will ; and out of that number others of a better breeding , to chuse a less number more judiciously , till after a third or fourth sifting and refining of exactest choice , they only be left chosen who are the due number , and seem by most voices the worthiest . to make the people fittest to chuse , and the chosen fittest to govern , will be to mend our corrupt and faulty education , to teach the people faith not without vertue , temperance , modestie , sobrietie , parsimonie , justice ; not to admire wealth or honour ; to hate turbulence and ambition ; to place every one his privat welfare and happiness in the public peace , libertie and safetie . they shall not then need to be much mistrustfull of thir chosen patriots in the grand councel ; who will be then rightly call'd the true keepers of our libertie , though the most of thir business will be in forein affairs . but to prevent all mistrust , the people then will have thir several ordinarie assemblies ( which will henceforth quite annihilate the odious power and name of committies ) in the chief towns of every countie , without the trouble , charge , or time lost of summoning and assembling from far in so great a number , and so long residing from thir own houses , or removing of thir families , to do as much at home in thir several shires , entire or subdivided , toward the securing of thir libertie , as a numerous assembly of them all formd and conven'd on purpose with the wariest rotation . wher of i shall speak more ere the end of this discourse : for it may be referrd to time , so we be still going on by degrees to perfection . the people well weighing and performing these things , i suppose would have no cause to fear , though the parlament , abolishing that name , as originally signifying but the parlie of our lords and commons with thir norman king when he pleasd to call them , should , with certain limitations of thir power , sit perpetual , if thir ends be faithfull and for a free commonwealth , under the name of a grand or general councel . till this be don , i am in doubt whether our state will be ever certainly and throughly setl'd ; never likely till then to see an end of our troubles and continual changes or at least never the true settlement and assurance of our libertie . the grand councel being thus firmly constituted to perpetuitie , and still , upon the death or default of any member , suppli'd and kept in full number , ther can be no cause alleag'd why peace , justice , plentifull trade and all prosperitie should not thereupon ensue throughout the whole land ; with as much assurance as can be of human things , that they shall so continue ( if god favour us , and our wilfull sins provoke him not ) even to the coming of our true and rightfull and only to be expected king , only worthie as he is our only saviour , the messiah , the christ , the only heir of his eternal father , the only by him anointed and ordaind since the work of our redemption finishd , vniversal lord of all mankinde . the way propounded is plane , easie and open before us ; without intricacies , without the introducement of new or obsolete forms , or terms , or exotic models ; idea's that would effect nothing , but with a number of new injunctions to manacle the native liberty of mankinde ; turning all vertue into prescription , servitude , and necessitie , to the great impairing and frustrating of christian libertie : i say again , this way lies free and smooth before us ; is not tangl'd with inconveniencies ; invents no new incumbrances ; requires no perilous , no injurious alteration or circumscription of mens lands and proprieties ; secure , that in this commonwealth , temporal and spiritual lords remov'd , no man or number of men can attain to such wealth or vast possession , as will need the hedge of an agrarian law ( never succesful , but the cause rather of sedition , save only where it began seasonably with first possession ) to confine them from endangering our public libertie ; to conclude , it can have no considerable objection made against it , that it is not practicable : least it be said hereafter , that we gave up our libertie for want of a readie way or distinct form propos'd of a free commonwealth . and this facilitie we shall have above our next neighbouring commonwealth ( if we can keep us from the fond conceit of somthing like a duke of venice , put lately into many mens heads , by som one or other sutly driving on under that notion his own ambitious ends to lurch a crown ) that our liberty shall not be hamperd or hoverd over by any ingagement to such a potent familie as the house of nassaw of whom to stand in perpetual doubt and suspicion , but we shall live the cleerest and absolutest free nation in the world . on the contrarie , if ther be a king , which the inconsiderate multitude are now so madd upon , mark how far short we are like to com of all those happinesses , which in a free state we shall immediatly be possessd of . first , the grand councel , which , as i shewd before , should sit perpetually ( unless thir leisure give them now and then som intermissions or vacations , easilie manageable by the councel of state left sitting ) shall be call'd , by the kings good will and utmost endeavor , as seldom as may be . for it is only the king's right , he will say , to call a parlament ; and this he will do most commonly about his own affairs rather then the kingdom's , as will appeer planely so soon as they are call'd . for what will thir business then be and the chief expence of thir time , but an endless tugging between petition of right and and royal prerogative , especially about the negative voice , militia , or subsidies , demanded and oft times extorted without reasonable cause appeering to the commons , who are the only true representatives of the people , and thir libertie , but will be then mingl'd with a court-faction ; besides which within thir own walls , the sincere part of them who stand faithfull to the people , will again have to deal with two troublesom counter-working adversaries from without , meer creatures of the king , spiritual , and the greater part , as is likeliest , of temporal lords , nothing concernd with the peoples libertie . if these prevail not in what they please , though never so much against the peoples interest , the parlament shall be soon dissolvd , or sit and do nothing ; not sufferd to remedie the least greevance , or enact aught advantageous to the people . next , the councel of state shall not be chosen by the parlament , but by the king , still his own creatures , courtiers and favorites ; who will be sure in all thir counsels to set thir maister's grandure and absolute power , in what they are able , far above the peoples libertie . i denie not but that ther may be such a king , who may regard the common good before his own , may have no vitious favorite , may hearken only to the wisest and incorruptest of his parlament : but this rarely happens in a monarchie not elective ; and it behoves not a wise nation to committ the summ of thir welbeing , the whole state of thir safetie to fortune . what need they ; and how absurd would it be , when as they themselves to whom his chief vertue will be but to hearken , may with much better management and dispatch , with much more commendation of thir own worth and magnanimitie govern without a maister . can the folly be paralleld , to adore and be the slaves of a single person for doing that which it is ten thousand to one whether he can or will do , and we without him might do more easily , more effectually , more laudably our selves ? shall we never grow old anough to be wise to make seasonable use of gravest autorities , experiences , examples ? is it such an unspeakable joy to serve , such felicitie to wear a yoke ? to clink our shackles , lockt on by pretended law of subjection more intolerable and hopeless to be ever shaken off , then those which are knockt on by illegal injurie and violence ? aristotle , our chief instructer in the universities , least this doctrine be thought sectarian , as the royalist would have it thought , tels us in the third of his politics , that certain men at first , for the matchless excellence of thir vertue above others , or som great public benifit , were created kings by the people ; in small cities and territories , and in the scarcitie of others to be found like them : but when they abus'd thir power and governments grew larger , and the number of prudent men increasd , that then the people soon deposing thir tyrants , betook them , in all civilest places , to the form of a free commonwealth . and why should we thus disparage and prejudicate our own nation , as to fear a scarcitie of able and worthie men united in counsel to govern us , if we will but use diligence and impartiality to finde them out and chuse them , rather yoking our selves to a single person , the natural adversarie and oppressor of libertie , though good , yet far easier corruptible by the excess of his singular power and exaltation , or at best , not comparably sufficient to bear the weight of government , nor equally dispos'd to make us happie in the enjoyment of our libertie under him . but admitt , that monarchie of it self may be convenient to som nations ; yet to us who have thrown it out , receivd back again , it cannot but prove pernicious . for kings to com , never forgetting thir former ejection , will be sure to fortifie and arm themselves sufficiently for the future against all such attempts hereafter from the people : who shall be then so narrowly watchd and kep so low , that though they would never so fain and at the same rate of thir blood and treasure , they never shall be able to regain what they now have purchasd and may enjoy , or to free themselves from any yoke impos'd upon them : nor will they dare to go about it ; utterly disheartn'd for the future , if these thir highest attempts prove unsuccesfull ; which will be the triumph of all tyrants heerafter over any people that shall resist oppression ; and thir song will then be , to others , how sped the rebellious english ? to our posteritie , how sped the rebells your fathers ? this is not my conjecture , but drawn from god's known denouncement against the gentilizing israelites ; who though they were governd in a commouwealth of god's own ordaining , he only thir king , they his peculiar people , yet affecting rather to resemble heathen , but pretending the misgovernment of samuel's sons , no more a reason to dislike thir common-wealth , then the violence of eli's sons was imputable to that priesthood or religion , clamourd for a king . they had thir longing ; but with this testimonie of god's wrath ; ye shall cry out in that day because of your king whom ye shall have chosen , and the lord will not hear you in that day . us if he shall hear now , how much less will he hear when we cry heerafter , who once deliverd by him from a king , and not without wondrous acts of his providence , insensible and unworthie of those high m●…ies , are returning precipitantly , if he withold us not , back to the captivitie from whence he freed us . yet neither shall we obtain or buy at an easie rate this new guilded yoke which thus transports us : a new royal-revenue must be found , a new episcopal ; for those are individual : both which being wholy dissipated or bought by privat persons or assign'd for service don , and especially to the armie , cannot be recoverd without a general detriment and confusion to mens estates , or a heavie imposition on all mens purses ; benifit to none , but to the worst and ignoblest sort of men , whose hope is to be either the ministers of court riot and excess , or the gainers by it : but not to speak more of losses and extraordinarie levies on our estates , what will then be the revenges and offences rememberd and returnd , not only by the chief person , but by all his adherents ; accounts and reparations that will be requir'd , suites , incitements , inquities , discoveries , complaints , informations , who knows against whom or how many , though perhaps neuters , if not to utmost infliction , yet to imprisonment , fines , banishment , or molestation ; if not these , yet disfavor , discountnance , disregard and contempt on all but the known royalist or whom he favors , will be plenteous : nor let the new royaliz'd presbyterians perswade themselves that thir old doings , though now recanted , will be forgotten ; what ever conditions be contriv'd or trusted on . will they not beleeve this ; nor remember the pacification , how it was kept to the scots ; how other solemn promises many a time to us ? let them but now read the diabolical fore-running libells , the faces , the gestures that now appeer foremost and briskest in all public places ; as the harbingers of those that are in expectation to raign over us ; let them but hear the insolencies , the menaces , the insultings of our newly animated common enemies crept lately out of thir holes , thir hell , i might say , by the language of thir infernal pamphlets , the spue of every drunkard , every ribald ; nameless , yet not for want of licence , but for very shame of thir own vile persons , not daring to name themselves , while they traduce others by name ; and give us to foresee that they intend to second thir wicked words , if ever they have power , with more wicked deeds . let our zealous backsliders forethink now with themselves , show thir necks yok'd with these tigers of bacchus , these new fanatics of not the preaching but the sweating-tub , inspir'd with nothing holier then the venereal pox , can draw one way under monarchie to the establishing of church discipline with these new-disgorg'd atheismes : yet shall they not have the honor to yoke with these , but shall be yok'd under them ; these shall plow on their backs . and do they among them who are so forward to bring in the single person , think to be by him trusted or long regarded ? so trusted they shall be and so regarded , as by kings are wont reconcil'd enemies ; neglected and soon after discarded , if not prosecuted for old traytors ; the first inciters , beginners , and more then to the third part actors of all that followd ; it will be found also , that there must be then as necessarily as now ( for the contrarie part will be still feard ) a standing armie ; which for certain shall not be this , but of the fiercest cavaliers , of no less expence , and perhaps again under rupert : but let this armie be sure they shall be soon disbanded , and likeliest without a●rear or pay ; and being disbanded , not be sure but they may as soon be questiond for being in arms against thir king : the same let them fear , who have contributed monie ; which will amount to no small number that must then take thir turn to be made delinquents and compounders . they who past reason and recoverie are devoted to kingship , perhaps will answer , that a greater part by far of the nation will have it so ; the rest therefor must yield . not so much to convince these , which i little hope , as to confirm them who yield not , i reply ; that this greatest part have both in reason and the trial of just battel , lost the right of their election what the government shall be : of them who have not lost that right , whether they for kingship be the greater number , who can certainly determin ? suppose they be ; yet of freedom they partake all alike , one main end of government : which if the greater part value , not , but will degeneratly forgoe , is it just or reasonable , that most voices against the the main end of government should enslave the less number that would be free ? more just it is doubtless , if it com to force , that a less number compell a greater to retain , which can be no wrong to them , thir libertie , then that a greater number for the pleasure of thir baseness , compell a less most injuriously to be thir fellow slaves . they who seek nothing but thir own just libertie , have alwaies right to winn it and to keep it , when ever they have power , be the voices never so numerous that oppose it . and how much we above others are concernd to defend it from kingship , and from them who in pursuance therof so perniciously would betray us and themselves to most certain miserie and thraldom , will be needless to repeat . having thus far shewn with what ease we may now obtain a free commonwealth , and by it with as much ease all the freedom , peace , justice , plentie that we can desire , on the other side the difficulties , troubles , uncertainties , nay rather impossibilities to enjoy these things constantly under a monarch , i will now proceed to shew more particularly wherin our freedom and flourishing condition will be more ample and secure to us under a free commonwealth then under kingship . the whole freedom of man consists either in spiritual or civil libertie . as for spiritual , who can be at rest , who can enjoy any thing in this world with contentment , who hath not libertie to serve god and to save his own soul , according to the best light which god hath planted in him to that purpose , by the reading of his reveal'd will and the guidance of his holy spirit ? that this is best pleasing to god , and that the whole protestant church allows no supream judge or rule in matters of religion , but the scriptures , and these to be interpreted by the the scriptures themselves , which necessarily inferrs liberty of conscience , i have heretofore prov'd at large in another treatise , and might , yet furder by the public declarations , confessions and admonitions of whole churches and states , obvious in all historie since the reformation . this liberty of conscience which above all other things ought to be to all men dearest and most precious , no government more inclinable not to favor only but to protect , then a free common-wealth ; as being most magnanimous , most fearless and confident of its own fair proceedings . wheras kingship , though looking big , yet indeed most pusillanimous , full of fears , full of jealousies , startl'd at every ombrage , as it hath bin observd of old to have ever suspected most and mistrusted them who were in most esteem for vertue and generositie of minde , so it is now known to have most in doubt and suspicion them who are most reputed to be religious . queen elizabeth though her self accounted so good a protestant , so moderate , so confident of her subjects love would never give way so much as to presbyterian rereformation in this land , though once and again besought , as camden relates , but imprisond and persecuted the very proposers therof ; alleaging it as her minde & maxim unalterable , that such reformation would diminish regal autoritie . what liberty of conscience can we then expect of others , far wors principl'd from the cradle , traind up and governd by popish and spanish counsels , and on such depending hitherto for subsistence ? especially what can this last parlament expect , who having reviv'd lately and publishd the covnant , have reingag'd themselves , never to readmitt episcopacie : which no son of charls returning , but will most certainly bring back with him , if he regard the last and strictest charge of his father , to persevere in not the doctrin only , but government of the church of england ; not to neglect the speedie and effectual suppressing of errors and schisms ; among which he accounted presbyterie one of the chief : or if notwithstanding that charge of his father , he submitt to the covnant , how will he keep faith to us with disobedience to him ; or regard that faith given , which must be founded on the breach of that last and solemnest paternal charge , and the reluctance , i may say the antipathie which is in all kings against presbyterian and independent discipline ? for they hear the gospel speaking much of libertie ; a word which monarchie and her bishops both fear and hate , but a free commonwealth both favors and promotes ; and not the word only , but the thing it self . but let our governors beware in time ▪ least thir hard measure to libertie of conscience be found the rock wheron they ship wrack themselves as others have now don before them in the cours wherin god was directing thir stearage to a free commonwealth , and the abandoning of all those whom they call sectaries , for the detected falshood and ambition of som , be a wilfull rejection of thir own chief strength and interest in the freedom of all protestant religion , under what abusive name soever calumniated . the other part of our freedom consists in the civil rights and advancements of every person according to his merit : the enjoyment of those never more certain , and the access to these never more open , then in a free commonwealth . both which in my opinion may be best and soonest obtaind , if every countie in the land were made a kinde of subordinate commonaltie or common-wealth , and one chief town or more , according as the shire is in circuit , made cities , if they be not so call'd alreadie ; where the nobilitie and chief gentry from a proportionable compas of territorie annexd to each citie , may build , houses or palaces , befitting thir qualitie , may bear part in the government , make thir own judicial laws , or use these that are , and execute them by thir own elected judicatures and judges without appeal , in all things of civil government between man and man . so they shall have justice in thir own hands , law executed fully and finally in thir own counties and precincts , long wishd , and spoken of , but never yet obtaind ; they shall have none then to blame but themselves , if it be not well administerd ; and fewer laws to expect or fear from the supreme autoritie ; or to those that shall be made , of any great concernment to public libertie , they may without much trouble in these commonalties or in more general assemblies call'd to thir cities from the whole territorie on such occasion , declare and publish thir assent or dissent by deputies within a time limited sent to the grand councel : yet so as this thir judgment declar'd shal submitt to the greater number of other counties or commonalties , and not avail them to any exemption of themselves , or refusal of agreement with the rest , as it may in any of the united provinces , being sovran within it self , oft times to the great disadvantage of that union . in these imploiments they may much better then they do now , exercise and fit themselves , till thir lot fall to be chosen into the grand councel , according as thir worth and merit shall be taken notice of by the people . as for controversies that shall happen between men of several counties , they may repair , as they do now , to the capital citie , or any other more commodious , indifferent place and equal judges . and this i finde to have bin practisd in the old athenian commonwealth , reputed the first and ancientest place of civilitie in all greece ; that they had in thir several cities , a peculiar ; in athens , a common government ; and thir right , as it befell them , to the administration of both . they should have heer also schools and academies at thir own choice , wherin thir children may be bred up in thir own sight to all learning and noble education not in grammar only , but in all liberal ars and exercises . this would soon spread much more knowledge and civilitie , yea religion through all parts of the land , by communicating the natural heat of government and culture more distributively to all extreme parts , which now lie numm and neglected , would soon make the whole nation more industrious , more ingenuous at home , more potent , more honorable abroad . to this a free commonwealth will easily assent ; ( nay the parlament hath had alreadie som such thing in designe ) for of all governments 〈◊〉 commonwealth aims most to make the people flourishing , vertuous , noble and high spirited . monarchs will never permitt : whose aim is to make the people , wealthie indeed perhaps and well fleec't , for thir own she●ing and the supplie of regal prodigalitie ; but otherwise softest , basest , vitiousest , servilest , easiest to be kept under ; and not only in fleece , ●ut in minde also sheepishest ; and will have all the benches of judicature annexd to the throne , as a gift of royal grace that we have justice don us ; when as nothing can be more essential to the freedom of a people , then to have the administration of justice and all public ornaments in thir own election and within thir own bounds , without long travelling or depending on remote places to obtain thir right or any civil accomplishment ; so it be not supreme , but subordinate to the general power and union of the whole republic . in which happy firmness as in the particular above mentiond , we shall also far exce●… the united provinces , by having , not as they ( to the retarding and distracting oft times of thir counsels or urgentest occasions ) many sovranties united in one commonwealth , but many commonwealths under one united and entrusted sovrantie . and when we have our forces by sea and land , either of a faithful armie or a setl'd militia , in our own hands to the firm establishing of a free commonwealth , publick accounts under our own inspection , general laws and taxes with thir causes in our own domestic suffrages , judicial laws , offices and ornaments at home in our own ordering and administration , all distinction of lords and commoners , that may any way divide or sever the publick interest , remov'd , what can a perpetual senat have then wherin to grow corrupt , wherin to encroach upon us or usurp ; or if they do , wherin to be formidable ? yet if all this avail not to remove the fear or envie of a perpetual sitting , it may be easilie provided , to change a third part of them yearly or every two or three years , as was above mentiond ; or that it be at those times in the peoples choice , whether they will change them , or renew thir power , as they shall finde cause . i have no more to say at present : few words will save us , well considerd ; few and easie things , now seasonably don . but if the people be so affected , as to prostitute religion and libertie to the vain and groundless apprehension , that nothing but kingship can restore trade , not remembring the frequent plagues and pestilences that then wasted this citie , such as through god's mercie we never have felt since , and that trade flourishes no where more then in the free commonwealths of italie , germanie , and the low-countries before thir eyes at this day , yet if trade be grown so craving and importunate through the profuse living of tradesmen , that nothing can support it , but the luxurious expences of a nation upon trifles or superfluities , so as if the people generally should betake themselves to frugalitie , it might prove a dangerous matter , least tradesmen should mutinie for want of trading , and that therefor we must forgoe & set to sale religion , libertie , honor , safetie , all concernments divine or human to keep up trading , if lastly , after all this light among us , the same reason shall pass for current to put our necks again under kingship , as was made use of by the jews to returne back to egypt and to the worship of thir idol queen , because they falsly imagind that they then livd in more plentie and prosperitie , our condition is not sound but rotten , both in religion and all civil prudence ; and will bring us soon , the way we are marching , to those calamities which attend alwaies and unavoidably on luxurie , all national judgments under forein or domestic slaverie : so far we shall be from mending our condition by monarchizing our government , whatever new conceit now possesses us . however with all hazard i have ventur'd what i thought my duty to speak in season , and to forewarne my countrey in time : wherin i doubt not but ther be many wise men in all places and degrees , but am sorrie the effects of wisdom are so little seen among us . many circumstances and particulars i could have added in those things wherof i have spoken ; but a few main matters now put speedily in execution , will suffice to recover us , and set all right : and ther will want at no time who are good at circumstances ; but men who set thir mindes on main matters and sufficiently urge them , in these most difficult times i finde not many . what i have spoken , is the language of that which is not call'd amiss the good old cause : if it seem strange to any , it will not seem more strange , i hope , then convincing to backsliders . thus much i should perhaps have said though i were sure i should have spoken only to trees and stones ; and had none to cry to , but with the prophet , o earth , earth , earth ! to tell the very soil it self , what her perverse inhabitants are deaf to . nay though what i have spoke , should happ'n ( which thou suffer not , who didst create mankinde free ; nor thou next , who didst redeem us from being servants of men ! ) to be the last words of our expiring libertie . but i trust i shall have spoken perswasion to abundance of sensible and ingenuous men : to som perhaps whom god may raise of these stones to become children of reviving libertie ; and may reclaim , though they seem now chusing them a captain back for egypt , to bethink themselves a little and consider whether they are rushing ; to exhort this torrent also of the people , not to be so impetuos , but to keep thir due channell ; and at length recovering and uniting thir better resolutions , now that they see alreadie how open and unbounded the insolence and rage is of our common enemies , to stay these ruinous proceedings ; justly and timely fearing to what a precipice of destruction the deluge of this epidemic madness would hurrie us through the general defection of a misguided and abus'd multitude . the end . the remonstrance of the soldiery to the right honourable, the lord mayor, aldermen, and common councell of the city of london england and wales. army. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing r thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) the remonstrance of the soldiery to the right honourable, the lord mayor, aldermen, and common councell of the city of london england and wales. army. corporation of london (england) lord mayor. sheet ([ ] p.) s.n., [london : ] tendering their services to obtain a free parliament at the time of the negotiations between the city and general monck. imprint from wing. annotation on thomason copy: "feb. . ." reproduction of the original in the british library. eng albemarle, george monck, -- duke of, - -- early works to . england and wales. -- parliament -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no the remonstrance of the soldiery to the right honourable, the lord mayor, aldermen, and common councell of the city of london. england and wales. army. a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - pip willcox sampled and proofread - pip willcox text and markup reviewed and edited - pfs batch review (qc) and xml conversion the remonstrance of the soldiery to the right honourable , the lord mayor , aldermen , and common councell of the city of london . while the loud cry of our opprest country , is now every where resounding and reaching up to heaven , against the intollerable tyranny of our false and treacherous masters , who with good words , a bit and a knock have drilled us on to the utter ruine and dishonour of this once glorious kingdome ; and being now made sensible that we carry our armes meerly for the safe-guard and upholding of a desperate crue , whose demerits suffer not their guilty souls to think of any expedient or remedy to cure any distresses but their own ; that therefore we may ease their mischievous brain of any further designes tending to the accomplishment of our poor countries slavery , which they can obtain and effect by no hands but ours ; and to ease our minds and consciences of that accessary guilt , with which we may be justly charged . vve do remonstrate and declare , that seeing it hath pleased god by his vvisdom and justice to make our old officers that were the instruments and authors of all that confusion and ruine which hath overwhelmed these nations since a hissing and shame to all the vvorld , and that by a rod of their own making , thereby to undeceive and rightly inform us of our unlawful continuance in this our present military employment ; that vve do from our very souls desire a dismission from under the command , and ( we were a going to say ) pay of this arbitrary tyrannical power , and would presently disband our selves , and desert our colours if it were not folly and madness to expose our single individual selves to the fury and rage of our masters , who being backt by general monks neer assistance , would otherwise wreak their utmost revenge upon us . vve do therefore unanimously , cordially , and readily tender our service , our lives and fortunes to the right honourable the lord mayor of the city of london , to be directed , employed , and ordered as to his lordship and his grave councel shall seem convenient , being ready with any the utmost hazzards ( though we suppose the name of our assistance to his lordships just endeavours after a free parliament will doe the work ) to redeem our miserable country , and our former honour and renown . to that purpose we have secured our armes , and are resolved never more to submit to the members at westminster , till it be a free and full house ; and if room must be made for the scotch army our lovely brethren , it shall be no way inconsistent we think with the liberty of the city to admit and entertain us for guests , seeing it hath pleased god out of mercy to this nation to make us all of one mind and heart , to the bringing about his intended mercy to it . vve have now ecchoed the universall desires of the nation , and if your petitions and civill extraordinary addresses to ( as we hope that honourable person ) generall monke do not prevaile , say but the word onely , and give us some commanders , and you shall see the answer and effect of our drums and trumpets . postscript . the purport of this remonstrance was in our intentions long before ; but the change of our officers and the distrusts and divisions cunningly fomented by them among us , retarded the addressing of it to your lordship ; but we hope it is now come in its best time . a vindication of psalme . . (touch not mine anointed, and doe my prophets no harme) from some false glosses lately obtruded on it by royalists proving, that this divine inhibition was given to kings, not subjects; to restraine them from injuring and oppressing gods servants, and their subjects; who are gods anoynted, as well as kings: and that it is more unlawfull for kings to plunder and make war upon their subjects, by way of offence, then for subjects to take up armes against kings in such cases by way of defence. with a briefe exhortation to peace and unity. prynne, william, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing p a). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing p a estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a vindication of psalme . . (touch not mine anointed, and doe my prophets no harme) from some false glosses lately obtruded on it by royalists proving, that this divine inhibition was given to kings, not subjects; to restraine them from injuring and oppressing gods servants, and their subjects; who are gods anoynted, as well as kings: and that it is more unlawfull for kings to plunder and make war upon their subjects, by way of offence, then for subjects to take up armes against kings in such cases by way of defence. with a briefe exhortation to peace and unity. prynne, william, - . [ ] p. s.n.], [london : printed, . by william prynne. place of publication from wing. signatures: a⁴. in this edition: royalists. reproduction of the original in the union theological seminary library. eng bible. -- o.t. -- psalms cv, -- commentaries -- early works to . royalists -- england -- history -- th century. great britain -- history -- civil war, - -- early works to . great britain -- politics and government -- - -- early works to . a r (wing p a). civilwar no a vindication of psalme . . (touch not mine anointed, and doe my prophets no harme) from some false glosses lately obtruded on it by roy prynne, william f the rate of defects per , words puts this text in the f category of texts with or more defects per , words. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - olivia bottum sampled and proofread - olivia bottum text and markup reviewed and edited - pfs batch review (qc) and xml conversion a vindication of psalme . . ( touch not mine anointed , and doe my prophets no harme ) from some false glosses lately obtruded on it by royalists . proving , that this divine inhibition was given to kings , not subjects ; to restraine them from injuring and oppressing gods servants , and their subjects ; who are gods anoynted , as well as kings : and that it is more unlawfull for kings to plunder and make war upon their subject● , by way of offence , then for subjects to take up armes against kings in such cases by way of defence . with a briefe exhortation to peace and unity . samuel . . he that ruleth over men must be just , ruling in the feare of god . ecclesiastes . , . i returned and considered all the oppressions that are done under the sunne ; and behold the teares of such as were oppressed , and they had no comforter : and on the side of their oppressors there was power , but they had no comforter . wherefore i praised the dead which are already dead , more then the living which are yet alive . proverbs . , . as a roaring lyon , and a ranging beare , so is a wicked ruler over the poore people . the prince that wanteth understanding is also a great oppressour ; but he that hateth covetousnesse shall prolong his daies . galathians . . but if ye bite and devoure one another , take heed that ye be not consumed one of another . printed , . there is nothing more pernicious to the souls of men , or destructive to the republique in distracted times , then clergy-mens wresting of scriptures from their genuine sense to ensnare mens consciences , the better to accomplish some sinister designes . how sundry sacred texts have been thus perverted of later yeers , not by the * unlearned and unstable vulgar , but by the greatest seraphicall doctors in our church , is too apparent unto all ; and among * others that of the psalmist , psal. . ● ( which is repeated chron. . . ) touch not mine anoynted , and do my prophets no harm ; hath not had the least violence offered it , both in presse and pulpit , to cry up the absolute irresistable prerogative of kings in all their exorbitant proceedings ; and beat down the just liberties of the subject , without the least defensive opposition ; when as this text , in real verity , is rather a direct precept given to kings themselves , not to oppresse or injure their faithful subjects , then an injunction given to subjects , not to defend themselves against the oppressive destructive wars , and projects of their princes . in which regard it wil be no unseasonable nor ungratefull worke , to cleare this text from all false glosses , and restore it to its proper construction . in former ages when popery domineered , the popish clergy grounded their pretended exemption from all temporall jurisdiction on this scripture ; suggesting , that they onely , at least principally were gods anointed here intended ; and therefore ought not be touched nor apprehended by kings or temporall iudges for any crimes . but this false glosse being long since exploded , many court divines , not so much to secure as flatter kings , have applyed it primarily unto kings , and secundarily to priests , as meant of them alone , excluding their faithfull subjects out of its protection and limits ; when as the text is meant of none else but they in general and of abraham , isaac , and iacob , with their families in particular . . to put this out of question : you must first observe , that this psalm from the verse to the end , is meerely historicall . the first verses of it are but a gratulatory preamble ( interlaced with some exhortations ) to the subsequent historicall narration ; as he that reads them advisedly will at first acknowledge : in the , , , & . verses , the psalmist begins his history , with the covenant which god made to abraham , and the oath which he sware to isaac ; and confirmed the same unto jacob for a law , and to israel for an everlasting testament : saying , unto thee will i give the land of canaan , the lot of your inheritance . in the , , , & . verses , he expresseth the special care and protection of god over abraham , isaac , and iacob , and their several families after his covenant thus made unto them , in these words : when they ( to wit , abraham , isaac , and jacob , with their families ) were but a few men in number , yea very few , and strangers in it : when they went from one nation to another , from one kingdom to another people ( which cannot possibly be expounded of kings and priests , but onely of those patriarcks ) he suffered no man to doe them wrong , but reproved even kings for their sakes , saying , touch not mine anoynted , and doe my prophets no harme . then in the very next verse to the end of the psalm , he proceeds with the story of the famine in egypt , and of iosephs sending thither beforehand by god , &c. so that by the expresse words and series of the story in this psalm , these persons of whom god said , touch not mine anointed , and do my prophets no harme , were abraham , isaac , and iacob , and their families , ( as s. augustin with sundry other expositers of this psalm conclude ; ) who in truth were neither kings nor priests by office , but onely gods peculiar people and servants : of whom he took special care . whence i thus reason , in the first place . these words , touch not mine anointed , &c. were originally spoken and intended only of abraham , isaac , and iacob , and their families , who were neither actual kings nor priests ; & they were meant of them , not as they were kings or priests , but only as they were the servants and chosen people of god ; as is evident by the verse of this psalm , o ye seed of abraham his servant , ye children of jacob his chosen . therefore they are to be so interpreted ; and to be applyed not to kings and priests , as they are such ; but only to the faithful servants and chosen people of god , though , and as subjects . secondly , consider to whom these words were spoken ; not to subjects , but to kings them●elves ; a● the psalmist resolves in expresse terms , vers. . he suffered no man to do them wrong , but reproved even kings for their sakes ; saying , ( even to kings themselves ) touch not mine anointed , and do my prophets no harme . now that these words were spoken to kings themselves is apparent , by those histories to which these words relate , recorded at large , genes . . . to ●gen . ● . throughout , and gen. . . to . and vers. . where when abraham by reason of the famine went down into egypt , with sarah his wife , and king pharaoh tooke her into his house , god first permitted neither pharaoh nor his servants to do either of them any injury ( though abraham out of over-much feare , suspected they would have killed him , and therefore made sarah say she was his sister , ) and likewise plagued pharaoh , and his servants because of sarah abrahams wife ; whereupon they and all theirs went away in safety . after which abraham and his wife sojourning in gerar , abimelech king of gerar sent and took sarah : but god said to abimelech in a dream , behold thou art a dead man for the woman that thou hast taken , for she is a mans wife , &c. therefore i sufferred thee not to touch her : now therefore restore the man his wife , for he is a prophet : ( where , touch not mine anoynted , and do my prophets no harme , were litterally fulfilled : ) and he shal pray for thee , and thou shalt live ; and if thou restore her not , know that thou shalt surely die , thou and all that are thine : whereupon abimelech restor●d abraham his wife , and gave him sheep , oxen , men-servants , and women-servants , and leave to dwell in the land where he pleased . after which isaac and his wife dwelling in gerar , and he telling the men of the place that she was his sister , lest they should kill him for her , because she was faire , king abimelech discovering her to be his wife , charged all his people , saying , he that toucheth this man or his wife shall surely be put to death ; yea he kindly intreated him , and did unto him nothing but good , and sent her away in peace . to which we may adde , the story of gods prohibiting and restraining both laban and esau ( who were as potent as kings ) to hurt jacob when they came out maliciously against him . gen. . , , , . & ch. . , , , , &c. this prohibition then , touch not mine anoynte● , &c. being given to kings themselves , not to touch or hurt these patriarchs whiles they sojourned among them as forraigners and subjects ( as all expositours grant ) and not to subjects touching their kings ; these two conclusions will hence necessarily follow . . that this inhibition , given to kings themselves with reference to subjects , and the people of god , cannot properly be meant of kings and priests , but of subjects fearing god . it is most apparant , that kings , princes and rulers of the earth have alwaies been the greatest enemies and persecutors of gods anointed ones , to wit , of christ and his chosen members ; witnesse ps. . . & act. . , . the kings of the earth set themselves , and the rulers take connsell together against the lord , & against his anoynted : for of a truth against thy holy child iesus , whom thou hast anointed , both herod and pontius pilate , with the gentiles and people of israel were gathered together , &c. and now lord behold their threatnings . which truth you may see exemplified by ps. . , . ier. . , , . c. . . c. . . c. . , , . ezek. . , , , . mich. . . to zeph. . sam. . . to . chron. . king. . , ● c. . . . rev. . , , ● c. , . c. . , . math. . , lu. . . iam : . . act. . , , . with sundry other scriptures , and by all ecclesiastical histories since . in which regard god in his infinite wisdome gave this divine inhibition , not to subjects and inferiour persons ; but to king● , princes and the greatest potentates ( who , deem their wils a law , and think they may do what they * please to their godly subiects , ) touch not mine anointed , and do my prophets no harme : which being spoken to kings themselves ; it cannot be meant of kings but subjects ; unlesse you wil make this nonsence exposition of it . that kings must not touch nor hurt themselves ; and that it is unlawfull for one king to make war against , imprison , depose , or kill another : which the practise of all age● , with infinite * presidents in scripture and story manifest to be lawful , and not prohibited by this text ; which can properly be applied to none but subjects fearing god . . that all gods faithfull people are gods anoynted , as well as kings : and therefore as our court sycophants conclude from hence , that subj●cts may in no wise take up armes ( though meerly defe●sive ) ag●inst their kings , because they are gods anoynted : so by the self-same reason , the genuine proper meaning , and expresse resolution of this text , kings ought not to take up armes against their subjects , especially those professing the true feare of god , because they are gods anoynted , to as well as kings . if any court-chaplaine here demand ; how i prove beleeving subjects fearing god , to be his anoynted , as wel as kings or p●iests ? i answer : first , the scripture resolves expresl● : ●hat all true christians are really ( in a spirituall sence ) both kings and pri●sts to god the father , though they be but subj●cts in a politicke sence : yea , god hath prepare● a heavenly kingdome● ( with an eternal crown of glory ) for them , where they shall raigne with c●rist for ever and ever . m●th. . . c. . lu. . . c . . c. . ● . col. . . thes. . . hebr. . . ●im . . . p●t. ● . . tim. . . pet. . . cor . . reve. . . tim. . . being t●ere●ore thus r●ally kings and pri●sts , and having an heavenly kingdom and cro●n of glory , wherein they shall raigne with christ for ever : in this regard they may as truly be called g●d●●n●int●d , a● any kings and priests wh●tsoever . secondly , all true christians are members of christ and of his body , flesh and bone ; and made one with christ , who dwelleth in them , and they in him , co● . . , . ephes. . , . c . . c. . , . . iohn . c. . ● . in which respect they are not one●y stiled christians in scripture , act. . ● . c. . . pet. . ● . but chr●st himselfe , cor. . . ephes. . , . now our saviour himselfe is stiled christ in scripture , in the abstract , by way of excellency , onely because he is the lords anointed ; anointed with the oyle of gladn●sse above his fellows . p●al. . . ps. . . esay . . act. . . c. . . lu. . . heb. . . christos in the g●eek , signifying anointed in english , being derived from chrio● to anoint : an●christians had this very title given them , because they are christs membe●s , and have a spirituall * anoyntment in , by , and from christ , and his spirit , iohn . . b●t the anoynting which ye have received of him abideth in you , and ye need not any man teach you , but as the same anointing teacheth you of all things . therefore they are r●ally and truely gods anoynted , and may be as properly so phrased , as any kings and priests whatsoever . thirdly , the scripture in direct terms oft cals gods people , ( though subjects ) gods anointed ; as psal. . . the lord is their strength , and he is the saving health o● his anoynted . now who those are expressed in the following words , save thy people , blesse thine inheritance , guide them and lift them up forever . gods people are here defined to be his anoynted . so psalm . . . and sheweth mercy to his anointed ; ( but who are they ? ) to david and to his seed for evermore , that is , to christ and his elect children , here called gods anointed , habakuck . . thou wentest forth for the salvation of thy people , even for salvation with thine anointed . cor. . . now he which establisheth us in christ , and hath anointed us , is god , &c. ioh. . . the anointing which ye have received of him , abideth in you● &c. all these , with other scriptures , thus resolving gods people ( though subjects ) to be his anointed ones ; they may be properly said to be the persons specified in this text . touch ●ot mine anointed ; being an injunction given to kings themselves , and not meant of kings , but of gods people , as i have formerly manifested . i shall willingly and cordially professe , that kings in sacred writ , are commonly called , gods anoynted ; because they were usually anointed with oyle upon their inauguration to their throns , sam. . . c● , . c. . , . c. . . c. . . c. . , . c. . , , ● . sam. . . c. , . . king. . , . . king. . , , . chron. . . psal. . . psal. . , ● . psalm . . psal. . , . esay . . lam. . . and in this regard their persons are sacred , and no violence ought to be exercised upon their persons , especially by their subjects , as is cleare by the sam. . . to , , , . ch. . . to . sam. . , to ● . and hereupon this text , touch not mine anointed , and doe my prophets no ha●me , though not properly meant of kings , may yet be aptly applyed to their personal safety . but then i say , on the contrary part , that all gods saints and people , though subjects , are his anointed ones as wel as kings ; wherefore kings must no more offer violence to their persons or estates ( without legal conviction and just cause ) then they offer violence to their kings , which i shall thus make cleare . first , because god hath given this expresse injunction even to kings themselves , touch not mine anointed , ( that is your subjects , my faithful servants ) and doe my prophets no harme , psal. . . . chro. . , . prohibiting abimelech , and he his subjects so much as to touch abraham , sarah , or isaac , gen. . . c. , , . and * b●laam to curse the israelites at k. balaks command . secondly , because he that toucheth them ( to doe them harme ) toucheth the very apple of gods eye . zeph. . . psal. . . deut. . , . yea , persecuteth god , nay , christ himselfe . esay . math. . . act. . , . and what kings , how great soever , may or da●e touch or persecute god and christ , the king of kings . thirdly , because god himselfe hath quite extirpated * kings and their posterities , for offering violence to his servants , though their subjects . thus ahab , iezabel , and their posterity were destroyed , for putting nab●th to death , and s●izing on his vineyard wrongfully with ut cause , though under a pretext of law , king. . & . king . so king ioash exciting his people to stone the prophet zachariah without good cause , which they did at his commandement ; the princes and people who did it were soon after destroyed by the syrians ; and the kings own servants conspired against him for the blood of zachariah , and slew him on his bed , ●nd then buried him dishonourably , not in the sepulchre of the kings , so as his prayer at his death ( the lord look upon it and require it ) was fully executed on the king and people . chron. . to . thus king ieh●ahaz , iehoia●hin , and iehoiachim with all their princes and people were carried away captive into babylon , and d●stroyed , for mocking , abusing , and despising gods messengers , prophets , and people , chron. . , . many such * instances might be added , but these may suffice ; and that of the king of babilon , esay . , , , , . but thou art cast out of thy grave as an abominable branch , &c. as a carcasse trodden under feet . thou shalt not be ioyned with them in buriall , because thou hast destroyed thy land , and slaine thy people : the seed of evil doers shall never be renowned . prepare ye slaughter for his children , for the iniquity of their fathers , that they do not rise , nor possesse the land , nor fill the face of the world with cities . for i will rise up against them , saith the lord of hosts , and cut off from babylon the name and remembrance , and sons , and nephews , saith the lord . a notable text for oppressing princes to meditate upon . fourthly because god himselfe hath given an expresse command , ezek. . , . that the prince shall not take of the peoples inheritance by oppressi●n to thrust them out of their possession , but he shall give his sonnes inheritance out of his own possession . which wel interpreteth and fully answereth that much abused text in the sam. . , . and proves the kings taking of their fields , vineyards , oliveyards , seed and sheep to give his servants there specified , to be a meere oppression ; which should make them cry out in that day because of their king , vers. . and no lawful act , as some royalists glosse it . if then kings may not take away by violence or oppression their subjects lands or goods ; muchles may they offer violence to their persons , being god● anointed , yea his temple , cor. . . c. . . and if any man ( be he king or emperour ) destroy the temple of god , him will god destroy ; for the temple of god is holy , which temple they are , cor. . . hence ioab , davids general , comming to besiege abel to which sheba fled , a woman of that place thus expostulated with him , thou se●k●st to destroy a city and mother in israel : why wilt thou swallow up the inheritance of the lord ? whereupon ioab answered and said : far be it , far be it from me that i should swallow up or destroy , sam. . , . fiftly , beeause no law of god or man hath given * any authority to kings to injure or oppresse their subjects , in body lands or goods , but onely to feed , defend , protect them ; and to fight their battels for them , not to wage war against them . sam. . . c. . . psal. . , , . chron. . . pro. . , . c. , , . esay . . tim. . . therefore kings having no right at all to injure or oppresse their people , they * neither lawfully can nor ought to do it , either by themselves or instruments ; there being nothing more severely prohibited and censured in scripture then princes and magistrates oppression of their subjects , prov. , . zeph. . . michah , , to . ezek. . , , . take but one text for many , ezek. , . my princes shal no more oppresse my people , and the rest of the land shal they give to the house of israel according to their tribes . thus saith the lord god , let it suffice you , o princes of israel , remove violence and spoyle ( or plundering ) and execute judgment and justice ; take away your exactions from my people , saith the lord , see esa. . . c. . , , . sixtly● because as there is a solemne * oath of allegeance , of the people to their kings , to honour and defend their persons ; so there is the like oath from kings to their people , to protect their rights and persons , goods , estates , lives , lawes , and liberties , from all violence and injustice , solemnly sworn at their coronations . by vertue of which oath kings are as strictly tyed not to wage war against their subjects , nor to oppresse or offer violence to their persons , liberties , or estates ; as their subjects are by their oath of allegiance , not to rebel against them . and seeing kings were first created by and * for their subjects ; and not their subjects by and for them ; and are in verity but publike servants for their peoples welfare , their subjects not being so much theirs , as they their subjects ; from whom they * receive both their maintenance and royalties . there is as little ( if not far lesse ) reason , for kings to oppresse and take up offensive armes against their subjects though perchance more undutiful and refractory then they expect ; as there is for people to take up offensive armes against their princes , in case they become more oppressive and invasive on their persons , goods , lawes , liberties , then they should . the husband hath no more right or authority to injure or destroy the wife , or the master the servant , the head the inferiour members , then they have to destroy the husband , master , or head . and as the leudnesse of the king , husband , parent , master , must not cause the people , wife , child , servant , to rebel against them , and utterly to reject their bonds of duty● so the undutifulnes or vices of the people , wife , child , or servant , must not cause the king , husband , parent , or master , ( as long as these relations remain actually undissolved ) to give over their care * protection , and vigilancy over them , or any waies injuriously to intreat them pet. . . chro. . & . finally , the * hebrew midwives , notwithstanding k. pharohs command , would by no means kil the israelites male children ; ( though but bondmen● and no free subjects ) and god blessed , and built them houses for it : but * drowned pharoah and his host in the red sea , for drowning them , and transgressing this inhibition , touch not mine anointed : when * k. saul commanded his footmen and guard , to turn and slay the priests of the lord at nob , because their hand was with david ( whom he deemed a traytor ) and knew when he fled , and did not shew it him , they all refused ( this his royall unjust command , though not only his subjects , but servants too ) and would not put their hand to fall upon them , being gods anointed : and because doeg the edemite slew them , by sauls command , saul himself was soon after slaine by his own hand , sam. . . when * k. saul had twice sol●mnly vowed to put his innocent son and subject ionathan causelesly to death , onely for tasting a little honey ; his subjects were so far from as●isting him in this unjust action , that they presently said to their king , shal ionathan die who hath wrought so great salvation in israel ? god forbid : as the lord liveth , there shal not one haire of his head fall to the ground : so the people rescved ionathan that he died not , notwithstanding sauls double vow to the contrary , and ionathans being not only his subject , but son too , which is more ; neither are they taxed of disobedience or treason , but commended for it . when * k. rehoboam raised an army to fight against the ten tribes , who revolted from , and rebelled against him , ( for giving them harsh language by the advice of his yong counsellors ; ) electing a new king over them : god himself by his prophet shemiah , spake thus to rehoboam and his army , * ye shal not go up , nor fight against your brethren , return every man to his house , for this thing is done of me : whereupon they all obeyed the words of the lord , and returned : neither king nor subject daring to fight against them , contrary to gods expresse command , though rebels how much lesse then may kings wage war upon their innocent loyall subjects ? when * k. i●h●ram in his fury mad● thi● rash vow● god d● so , and more also to me , if the head of elisha ( his subject ) shal stand on him this day ; and withall sent a messenger to elisha his house to take away his head . this prophet was so far from submitting to this his unjust design , that he commanded the elders sitting with him to look when the messenger c●me , and shut the doore , and hold him fast , though the sound of his masters ( the kings ) feet were behind him● which they did ; not suffering the messenger or king to do him violence . yea the great * prophet eliah , when k. ahaziah sent two captains with their fif●ies one after another to apprehend and bring him down to him by violence ; was so far from rendering himself into their hands ; that in his own defence , he commanded fire twice together to come down frō heaven which consumed these two captains and their men ; though sent by the king his soveraign . which divine miracle from heaven wrought by god himself manifests , that it is lawful for subj●cts to defend themselves against the unjust violence of their kings ; and that it is dangerous for kings themselves , or any of their officers by their commands to offer violence or injury to their subjects . * this may be further cleared by gods exemplary judgement upon k. ieroboam ; who stretching forth his hand to smite the prophet , * which prophecied against his idolatrous altar , it dried up forthwith , so that he could not pull it in again . upon those princes who caused daniel to be unjustly cast into the lyons den , where he was preserved safe from danger ; but they , their wives and children had there their bones broken in pieces by the lyons er ever they came at the bottom of the den . and upon those * mighty men in nebuchadnezzars army , who bound shadrach , mesech , and abednego , and cast them into the burni●g fiery fornace , by the kings speciall command , because they peremptorily refused to worship the golden image which he hath set up ; who for executing this his unjust precept , were by gods just vengence slain by the flame of the fiery furnace ; when as those three godly persons unjustly cast into it by the kings command , were miraculously preserved in the midst of the fiery furnace , without any harme , there being not an haire of their heads singed , neither their coates changed , nor the smell of fire passed upon them . so safe is it for people to * obey god rather then men , then kings thems●lves in their unjust commands : so dangerous and destructive is it for kings , or others upon their unjust commands , to offer any injury or violence to their subjects ; or violate this injunction , touch not min● annointed , &c. in a word , i read ier. ● . to . that god commanded king . shallum , to execute judgment and righteousnes , and deliver the spoiled out of the hands of the oppressor ; & do no wrong nor violence to the stranger , fatherles , or widow , neither shed innocent blood in this place . adding , but if ye shal not heare these words , i swear by my selfe , saith the lord , that this house ( even the kings house of iudah ) shal become a desolation , i wil make it a wildernesse , and prepare destroyers against it , every one with his we●pon , &c. and v. . to . in the same chap. god thus speaks to k. iehoiakim , shalt thou raign because thou closest thy self in cedar ? did not thy father eat and drink , & do judgment and justice , and then it was well with him ? &c. but thine eyes , and thine heart were not but for thy covetousnes , and to shed innocent blood , and for oppression , & for violence to do it . therfore thus saith the lord concerning iehoiakim k. of iudah ; they shal not lament for him saying , ah my brother , or ah sister ; ah lord , or ah his glory ; but he shal be buried with the burial of an asse drawn & cast forth beyond the graves of ierusalē . neither doth this judgment for oppressing & slaying his sub●ects rest here , but extend to the utter extirpation of his posterity , ver. . . as i live , saith the lord , though coniah the son of iehoiakim , k. of iudah , were the signet on my right hand , yet would i pluck thee thence . write ye this man childlesse , a man that shal not prosper in his daies , for no man of his seed shal prosper sitting upon the thron of david . so fatal is it to kings and their posterity to oppresse and murther their subjects . and as for those subjects who by their kings commands shal take up armes against their brethen to murther , plunder , or oppresse them , i shal desire them first to consider , that precept of iohn baptist given to souldiers themselves , luk. . d● violence to no man , &c. muchles to your brethren and fellow-subjects : and next that of obadiah v. . to for thy violence against thy brother iacob , shame shal cover thee , and thou shalt be cut off for ever . in the day that thou stoodest on the other side , in the day that the strangers carried away his substance , and entered into his gates● and cast lots upon ierusalem , even thou wast as one of them . but thou shouldest not have looked on the day of thy brother , neither shouldest thou have rejoyced over the children of iudah in the day of their destruction ; neither shouldest thou have spoken proudly in the day of distresse . thou shouldest not have entered into the gate of my people , nor have looked on their affliction , nor have laid hands on their substance in the day of their calamity ; neither shouldest thou have stood in the crosse way , to cut off those of his which did escape ; neither shouldest thou have shut up those of his that did remain in the day of distres●● . as thou hast done it shall be done unto thee , thy sword shal return upon thine own head . all which cōsidered , i shal humbly submit it to every mans judgment , whether the whol state in parliament , and his majesties faithful subjects , may not upon as good or better grounds of conscience , take up armes to defend and preserve their persons , wives , houses , goods , estates , from unlawful violence , rapine , plundering and destruction , now every where practised by his majesties cavaleeres in a most * barbarous manner , to the utter ruine of many thousands for the present , and whol kingdom in likelihood for the future , contrary to the fundamental lawes and liberties of the subject , his majesties coronation oath , and frequent protestations and declarations ; as his majesty , by advice of ill counsellors , raise an army at home , and bring in forren * forces from abroad , to make war upon his parliament and people , to plunder , murder , undoe them , and bring the whole kingdome to utter desolation ? certainly , if the subjects defensive war in this case be unlawfull ; as all royalists aver , against scripture , reason , and the principles of nature , which instruct all creatures to defend themselve● against unjust violence and oppession , as others have proved at large . then the kings offensive war upon his loyall poore innocent subjects and parliament , must much more be unjust and unlawful , for the premised reasons , and scripture authorities . for my part , it is ●o far from my intention● to foment this most unnatural destructive war between king parliament , and people , that the ●houghts of its deplorable effects do make my very soule to bleed , and heart ●o tremble . for if ever christ , the oracle of truth , uttered any verity truer than other , it was this , * that a kingdom divided against it self cannot stand , but shall be brought to desolation ; * and if we bite and devour one another , we shall be consumed one of another . o then ( if god in his justice hath not devoted us to a totall & final desolation for the sins and abuses of our long enjoyed former peace ) if there be any remainder of policy or prudence , any bowels of mercy or tender affection left within us , towards our most deere native bleeding and also expiring country , engand ; to poore dying ireland ; to our religion , lives , wives , children , parents , kindred , neighbours , goods , estates , liberties ; or any ca●e of our own safety , tranquillity or felicity ; let all of all sides now at last , ( after so much sensible experience of the miseries of an intestine uncivill war ) with all convenient expedition lay down offensive and defensive armes , & conclude such a sweet solid peace throughout our divided and distracted kingdom , as may last forever without the least violation , upon such just and honourable terms , as may stand with gods glory , religions purity , his majesties honour , the parliaments priviledges , the subjects liberty , the whole kingdoms safety and felicity ; least otherwise we become not only a scorn and derision , but likewise a prey to our forraign enemies . alasse , why should the head and members have any civil contestations , since both must perish if divided ? * neither subsist , but being united ? why should the kings prerogative , and the subjects liberties , which seldom clashed heretofore , and ended all diffe●ences in courts of justice , be now at such irreconcileable e●mity , as to challenge one another into the field , and admit no trial but by battel ? when i read in * scripture , of sundry presidents where kings , princes , and people , have unanimously concurred in their counsels heretofore ; and consider how our king and parliame●t have most happily accorded till of late , i cannot but bewaile their present discords ; which o that the god of peace and unity would speedily reconcile . i shall c●ose up all , with his majesties printed speech to both houses annexed to the petition of right by his royal command . i assure you my maxime is , that the peoples liberty strengthens the kings prerogative ; and that the kings prerogative is to defend the peoples liberties : and with the statute of magna charta , ch. . no freeman shal be taken or imprisoned , or be disseised of his freehold , or liberties or free customs , or be outlawed or exiled , or any other waies destroyed ; nor we shal not passe upon him , nor cond●mn him , but by the lawful judgment of his peers , or by the law of the land . we shal sel to no man , we shal deny nor defer to no man justice or right : which in effect is a most exact paraphrase on this misconstrued text , touch not min● anointed , and do my prophets no harme . finis . notes, typically marginal, from the original text notes for div a e- * pet. . * as the sam. . . for rebellion is as the sinne of witchcraft , & stubbornnes is as iniquity and idolatry : now applied to subjects opposing their princes unlawfull commands , when it is meant only of king sauls rebellion against the command of god , as the conte●t and story manifest . * zech. . . * read the chr. . dan. ● , . josh. . for all the rest . rev. . c. . . c. . . exod. . pet. : . * see ezek. . . i anointed thee with oyle , &c. * num. ● & . & * see esay . , ● kings . , , . * see doct. beards theater of gods judgments , l. . c. , , . * nihil aliud potest rex in terris cum sit minister dei & ejus vicarius , quam de jure potest . itaque potesta● ju●is sua est , & non injuriae , &c. bracton , l , . f. . * cooks : rep f. . plowd . com. f. , , . e. . . * eliz. c. * sam. . pet. . . deut. . , . esay . . sam. . , , . chr. . cor. . . rom. . . * rom. . . math. . . to . * nam rex ad tutelam legis , corporum & bonorum erectu● est , co. . rep. calvins case , f. , to . * exo. . to . * exod. . . to . psa. . . * sam. , . * sam. , to . * chro. . * chro. . . king. . , , , . * king● , , . * kin. . , to . * kings . . * dan. . * dan. . * acts ● c. . , , , . c. , to . este . . , iohn . , to . numb. . & . & . * see the relation of brainford businesse . * see the letter frō the hague newly printed . * luke . , , . marke . , , . * gal. . * see cor. ● : to . * chro. . , , , chro. . c . . to iudg. . to . s●m . . . c. . , c. ● . . to . ionah . . ester . . to ● ie● . ●● . the compassionate samaritane unbinding the conscience, and powring oyle into the wounds which have beene made upon the separation, recommending their future welfare to the serious thoughts and carefull endeavours of all who love the peace and unity of commonwealths men, or desire the unanimous prosecution of the common enemy, or who follow our saviours rule, to doe unto others what they would have others doe unto them. walwyn, william, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing w a thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) the compassionate samaritane unbinding the conscience, and powring oyle into the wounds which have beene made upon the separation, recommending their future welfare to the serious thoughts and carefull endeavours of all who love the peace and unity of commonwealths men, or desire the unanimous prosecution of the common enemy, or who follow our saviours rule, to doe unto others what they would have others doe unto them. walwyn, william, - . goodwin, john, ?- , attributed name. [ ], , [ ] p. s.n.], [london : printed in the yeare . anonymous. by william walwyn. sometimes also attributed to john goodwin. place of publication from wing. the last two leaves are blank. thomason apparently considered "good counsell to all those that heartily desire the glory of god", p. - , to have had an independent existence. annotation on e r of his copy: "this is all of this booke though it begins thus july london". reproduction of the original in the british library. p. - only. eng church and state -- england -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason e _ ). civilwar no the compassionate samaritane: unbinding the conscience, and powring oyle into the wounds which have beene made upon the separation, recomme walwyn, william c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - john latta sampled and proofread - john latta text and markup reviewed and edited - pfs batch review (qc) and xml conversion good counsell to all those that heartily desire the glory of god , the freedome of the common-wealth , and the good of all vertuous men . you are most earnestly intreated to take notice , and to be warned of a most pestilent and dangerous designe lately practised by some hellish polititians , tending to the dividing of the honest party amongst themselves , thereby to weaken them , and to give advantages to the common enemies . the ground of their designe is , the difference of judgement in matters of religion amongst conscientious well minded people , occasion being taken from thence to make them not only to despise and hate one another , but as odious to the generality of good men as are theeves , murderers and harlots . the means they use to promote their designe , is principally to broach some grosse and foolish errours ; and then to father them on all those that are called anabaptists , antinomians , brownists , separatists or independents : perswading and possessing the people : first , concerning the anabaptists , that they hold all government in the commonweale to bee unlawfull ; which you are to know is most pernicious delusion , for they approve of , and doe submit unto all government that is agreed on by common consent in parliament ; and disapprove only of arbitrary and tyrannicall government , usurpations and exorbitances in magistrates and officers ; and have disbursed their monies and hazarded their lives as freely for their just government , and liberties of this nation , as any condition of men whatsoever . secondly , that the antinomians doe hold , that a beleever may live as he list ! even in all licentiousnesse : which is most grossely false : there being no scripture more frequent in their mouthes then this , namely , the love of god bringing salvation to all men hath appeared , teaching us to deny all ungodlinesse and wordly lusts , and to live righteously and godly , and soberly in this present world . thirdly , that the brownists , separation and independents doe hold that all other protestants are in a damnable condition , who doe hold fellowship , church society , and communion with grossely , vitious and wicked persons : which also is most notoriously false : for they doe not so judge of any ; but doe judge that themselves having ( to their apprehensions ) grounds in scripture , proving the unlawfulnesse of such mixt communions , may not , nor dare not so communicate : and as concerning others they judge ( as themselves would be judged ) that they exercise their religion in that way which appeareth to them most agreeable to the word of god . when these sowers of division have possest the people , that these and the like absurdities are held by them : then they advise them to flye from them as from serpents , and not to heare them or discourse with them , as they tender the safety of their souls ; & make them glad & rejoyce when they heare any of them are imprisoned or silenced ; or their bookes ( though slightly and absurdly ) answered : and when they heare that many of them are forsaking the kingdome , and betaking themselves to the west-indies and other places for liberty of their consciences ( as void of all remorse ) they cry out , let them goe , a good riddance , it will never bee well in england ( say they ) so long as these sects are permitted to live amongst us ; nor untill the parliament do set up one expresse way for exercise of religion , and compell all men to submit thereunto , and most severely to punish all such as will not . but you will finde that this is the very voice of prelacie , and the authours thereof to bee the very same in heart , what ever they are in cloaths and outside — and that it is not the voyce of the apostles , who required that every man should be fully perswaded in his owne minde of the lawfulnesse of that way wherein he served the lord ; and that upon such a ground as no authority on earth can ever dispence withall , namely , that whatsoever is not of faith ( or full assurance of minde ) is sin . our saviour christ did not use the sadduces in so unkinde a manner , and yet they held more dangerous opinions then any that are accused in our times ; for they beleeved that there was no resurrection , and that there was neither angell nor spirit ; though they came to him in a kinde of insolent confidence in these their opinions , which he knew sufficiently , he , neverthelesse both heard and answered them gently ; he did not revile them with reproachfull language , telling them that they were not worthy to live in a common-wealth ; nor did he warne others to discourse with them ; hee did not command their persons to be imprisoned , nor declare their lives to be forfeited : it is likely they lived quietly , and ( in all civill respects ) according to the loves of the country , and were honester men then the scribes and pharisees who were hypocrites : and so , as the true authour of his apostles doctrine , he allowed them to be fully perswaded in their owne mindes , using no meanes but argument and perswasion to alter or controle their judgements : he knew that men might live peaceably and lovingly together , though they differ in judgement one from another : himselfe was composed of love , and esteemed nothing so pretious as love ; his servant and apostle paul was of the same minde also , affirming that though hee had all faith and al knowledge , and understood all mysteries , though he could speak with the tongues of men and of angels , and have not love , he is nothing , a meere sounding brasse or tinckling symball : he desires that who are strong in the faith , should beare with those that are weak , adviseth him that eateth that hee should not condemne him that eateth not : where one observed a day to the lord , and others not ( though a matter of great moment ) yet he alloweth every one to be fully perswaded in his owne minde : now if our saviour and his apostle , that could infallibly determine what was truth , and what was error , did neverthelesse allow every man to bee fully perswaded in his owne minde , and did not command any man upon their authority to doe any thing against judgement and conscience — what spirit are they of , whose ministers are they , that would have all men compelled to submit to their probabilities and doubtfull determinations ? the apostle perswadeth those whō he instructed to try all things : these allow not things to be compared , they take liberty to speake what they please in publike against opinions and judgements , under what nick-names they thinke fittest to make them odious , and write and print , and licence the same , wresting and misapplying the scriptures to prove their false assertions ; but stop all mens mouthes from speaking , and prohibit the printing of any thing that might be produced in way of defence and vindication ; and if any thing bee attempted , spoken or published without authority or licence , pursuivants , fines and imprisonments , are sure to wait the authors , printers and publishers . and though experience of all times under popery and prelacie , have proved this a vaine way to bring all men to be of one minde , yet these men are not yet made wiser by the folly of others , but suffer themselves to be outwitted by the devillish policies of those that put them on in those compulsive and restrictive courses , as knowing it to be the only meanes to obstruct the truth , to multiply opinions , and cause divisions , without which they know they should in vaine attempt the bondage or destruction of the honest party . be you therefore wise in time , and speedily and freely unite your selves to those your brethren , though reproached with never so many nick-names , and use all lawfull meanes for their ease and freedome , and for protection from reproach , injury or violence , that they may be encouraged to abide in , and returne unto this our distressed country , and to contribute their utmost assistance to free the same from the bloudy intentions of the common enemies , and give them assurance of a comfortable freedome of conscience when a happy end shall be given to these wofull times : you cannot deny but that they are to bee trusted in any imployment equall to any condition of men , not one of them having proved false hearted or treacherous in any publike employment : sticke you therefore close to them , they will most certainly sticke close to you ; which if you doe , all the popish and malignant party in the world will not be able to circumvent you : but if you suffer your selves to be so grossely deluded as to despise or renounce their assistance and association , you shall soone perceive your selves to be over-growne with malignants ( the taking of a covenant will not change a blackamore ) your bondage will be speedy and certaine : the ground upon which you renounce them is so unjust and contrary to the word of god , that god cannot prosper you ; you have therefore no choice at all ; but if you joyne not ; you perish : your destruction is of your selves . ( complaine of none else ) your pride and disdaine of them will be your ruine . thus have you the faithfull advice of him who is neither anabaptist , antinomian , brownist , separatist or independent : but of one that upon good ground ( as he conceiveth ) holdeth fellowship and communion with the parochiall congregations , who observing with a ●ad he●●● the manifold distractions and divisions amongst his brethren about difference of judgement in matters of religion ; and finding the same fomented and made use of to the destruction of the common freedome of his deare country : he could not forbeare to give warning there of to all sorts of well-affected persons , hoping that they will labour to informe themselves more truly of the opinions and dispositions of those their too much despised brethren ; and ( as himselfe hath done ) resolve henceforward to joyne heart and hand with them in all offices of love and mutuall assistance of the commonwealth . finis . a proclamation for publishing the peace between his majesty and the french king. england and wales. sovereign ( - : charles ii) approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). b wing c a estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. b ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a proclamation for publishing the peace between his majesty and the french king. england and wales. sovereign ( - : charles ii) charles ii, king of england, - . sheet ([ ] p.) ; x cm. printed by evan tyler, printer to the kings most excellent majesty, edinbvrgh : . caption title. royal arms at head of text; initial letter. text in black letter. dated at end: given at our court at whitehall, the twenty fourth day of august, one thousand six hundred and sixty seven, and of our reign the nineteenth year. reproduction of the original in the national library of scotland. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng treaty of breda ( ). anglo-french war, - -- treaties -- sources. great britain -- politics and government -- - -- sources. great britain -- foreign relations -- france -- early works to . france -- foreign relations -- great britain -- early works to . broadsides -- scotland -- th century. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion c r honi soit qvi mal y pense royal blazon or coat of arms a proclamation , for publishing the peace between his majesty and the french king . charles r. whereas a peace hath been treated and concluded at breda , betwixt his majesty and the french king , and the ratifications thereof exchanged , and publication thereof there made the fourteenth day of this instant august : in conformity whereunto , his majesty hath thought fit hereby to command , that the same be published throughout all his majesties dominions . and his majesty doth declare , that all ships or other moveable goods whatsoever , which shall appear to be taken from the subjects of the french king ; after the twenty sixth of this instant august , in the neighbouring seas , that is to say , in the channel , the seas betwixt england and ireland , as also in the north seas and the baltick ; after the twenty fourth of september next ensuing , from the said neighbouring seas to the cape st. vincent ; after the twenty second of october next , from the said cape st. vincent to the equinoctial line , aswell in the ocean as in the mediterranean , and elsewhere ; and lastly , after the fourteenth day of february next ensuing , on the other side of the aforesaid line , throughout the whole world , without any exception or distinction of time or place , or without any form of process ; shall immediatly and without any damage , be restored to the owners , according to the said treaty . and hereof his majesty willeth and commandeth all his subjects to take notice , and to conform themselves thereunto . given at our court at whitehall , the twenty fourth day of august , one thousand six hundred and sixty seven , and of our reign the nineteenth year . edinbvrgh , printed by evan tyler , printer to the kings most excellent majesty , . master glyn his speech in parliament, on wednesday, the fifth of ianuary, at the committee sitting in guild-hall concerning the breaches of the priviledges of parliament, by breaking open the chambers, studies, and truncks of the sixe gentlemen, upon their accusation of high treason by his majestie, . glynne, john, sir, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing g a). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing g a estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) master glyn his speech in parliament, on wednesday, the fifth of ianuary, at the committee sitting in guild-hall concerning the breaches of the priviledges of parliament, by breaking open the chambers, studies, and truncks of the sixe gentlemen, upon their accusation of high treason by his majestie, . glynne, john, sir, - . [ ], p. [s.n.], london : printed . reproduction of original in: newberry library. eng privileges and immunities -- great britain. great britain -- politics and government -- - -- pamphlets. great britain -- history -- charles i, - . a r (wing g a). civilwar no master glyn his speech in parliament, on wednesday, the fifth of ianuary, at the committee sitting in guild-hall, concerning the breaches of glynne, john, sir a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - pip willcox sampled and proofread - pip willcox text and markup reviewed and edited - pfs batch review (qc) and xml conversion master glynn his speech , in parliament , on wednesday , the fifth of ianuary , at the committee sitting in guild-hall , concerning the breaches of the priviledges of parliament , by breaking open the chambers , studies , and truncks , of the sixe gentlemen , upon their accusation of high treason , by his majestie . . london , printed . master glyn his speech in parliament , on wednesday the fift of ianuary , at the committee , sitting in guild-hall , concerning the breaches of the priviledges of parliament , by breaking open the chambers , truncks , and studies , of the six gentlemen , upon their accusation of high treason by his majestie . . master speaker , vvee sit now upon that grand businesse of the breaches of the rights and priviledges of parliament , which are so many , and great , so carefully preserved , and defended , and having in former times severely punished the infringers thereof , that i had thought and conceived , that no subject of what degree or dignity soever , would either in their own persons , or by mis-informing his majesty , concerning the same , have presumed to have entrenched in the least measure upon the free liberty , rights , and very being of parliaments , tending to the breach thereof . but master speaker , i perceive the perversenesse , and obstinate frowardnesse of divers persons in this kingdome , in places of power , and authority , as well of the clergy , as layitie , are growne to that height , that they dare not only presume to instigate , and provoke his sacred majesty , by their subtill and politicke mis-informations , but themselves in their owne persons dare attempt , if his majesty in his royall wisedome , tender care , and affection towards his loyall subjects do refuse to do the same , to endeavour as much as in them lyes , by their malignant carriages in petitions , and protestations to resist the lawfull power , and undoubted iurisdiction , both of the king , and his high court of parliament . master speaker , these men notwithstanding , they apparantly perceive that their wicked practises , and malicious designes , cannot take effect according to their expectation , but are rejected , and detected , aswell by his sacred majesty , as his lords and his whole councell , dare aventure , to endeavour by casting aspersions , and spreading abroad evill reports , not onely of the members , but of the proceedings of the house of commons against them , and others of their adherents and favourites , in their wicked and desperate actions and designes against their lawfull soveraigne , and his liege people . i conceive master speaker , did these persons , but remember the many presidents , yet extant of the just and deserved punishments inflicted by former parliaments upon such miscreants , as witnesse the archbishop of yorke , the duke of suffolke , chiefe iustice belknap , and the rest of that conspiracy in the raigne of k. richard the . they would have prejudicated to themselves , the like danger would follow upon them for their evill actions ; nay master speaker , did these men but consider with themselves , the just iudgements of god , that have immediately lighted upon the necks of such , as have beene the troublers of kingdomes and common-wealths , whereof they have beene members , as well recorded in sacred writ , as of late times in this kingdome , yet still in fresh memory , they would have laid their hands upon their mouths and hearts , when they went about to speake or doe any thing tending to the dishonour of almighty god , in innovating of his true religion , corrupting the sincere doctrine and discipline of christ and his apostles , as also any thing tending to the dishonour and perpetuall destruction of his royall majesty , and however , otherwise they may pretend the fundamentall lawes and liberties of this kingdome , the rights and priviledges of parliaments , and the very being thereof : but surely master speaker , they are altogether benummed and stupified , their consciences dead and seered , their lives and conversation altogether devoted to the workes of darkenesse , and impurity ; their desires altogether sensuall , carnall , and divelish , forgetting god , kicking and spurring with maliciousnesse against all piety and godlinesse , or else , they would never have adventured to practise such things , as it is too too manifest they have done . master speaker , i intend to bee briefe in that , which i am to speake concerning the breaches of the priviledges of parliament first , to informe his majesty of any proceedings in the house of commons upon any businesse whatsoever , before they have concluded , finished and made ready the same , to present to his majesty , for his royall assent , thereupon is a breach of the priviledges of parliament . secondly , to mis-informe his majesty contrary to the proceedings in parliament , thereby to incense and provoke him against the same , is a breach of priviledge of parliament . thirdly , to cause or procure any information or accusation to bee brought , or preferred without the knowledge or consent of the parliament into the house , against any of the members thereof , is a breach of priviledge of parliament . fourthly , to apprehend any such accused , to imprison their persons , to cease upon their goods or estates , to prosecute and proceed against them to their triall and judgement , to condemne or execute them upon such accusation , without the consent or advice of the parliament , is a breach of the priviledges thereof . fiftly , to endeavour to cast an evill opinion of such members accused into the hearts of his majesties loyall subjects , whereby they dis-affecting them , may be ready and willing to put in execution any command or warrant for their apprehension , and imprisonment , is a breach of the priviledges of parliament . sixtly , to come in open parliament , for any officer , or sergeant , to demand and arrest any such member accused , be it of high treason , or any other crime whatsoever , without the knowledge of the whole house , is a breach of the priviledges of parliament . seventhly , to come to a parliament sitting in free consultation , assisted and guarded with armed men , and with them besetting the house , to demand as it were ( vi & ( armis ) such members accused , is a breach of the priviledges of parliament . lastly , to procure to be set forth , or to set forth under his majesties name , any proclamation , or declaration , prohibiting the repaire of such persons accused to the parliament , as members thereof , and to apprehend them in what place soever they shall bee found , without the advise and consent of the whole state assembled , and sitting in free parliament , is a manifest breach of the priviledges thereof . and this master speaker is all that i have to say , concerning this dayes busines , humbly leaving the same to the further consideration of this honourable assembly . finis . the speech of the right honourable henry powle, esquire, speaker of the house of commons on munday the sixteenth of december, , at the passing of four bills, entituled: i. an act for a grant to their majesties of an aid of two shillings in the pound for one year. ii. an act for declaring the rights of the subject, and settling the succession of the crown. iii. an act for naturalizing william watts, an infant. iv. an act for declaring and enacting john rogerson to be a natural born subject of this realm. powle, henry, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). b wing p c estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. b ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the speech of the right honourable henry powle, esquire, speaker of the house of commons on munday the sixteenth of december, , at the passing of four bills, entituled: i. an act for a grant to their majesties of an aid of two shillings in the pound for one year. ii. an act for declaring the rights of the subject, and settling the succession of the crown. iii. an act for naturalizing william watts, an infant. iv. an act for declaring and enacting john rogerson to be a natural born subject of this realm. powle, henry, - . england and wales. parliament. house of commons. sheet ([ ] p.) re-printed by the heir of andrew anderson, edinburgh : mclxxxix [ ] caption title. headpiece. reproduction of the original in the national library of scotland. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng great britain -- politics and government -- - -- sources. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion the speech of the right honourable henry powle , esquire , speaker of the house of commons : on munday the sixteenth of december , . at the passing of four bills , entituled , i. an act for a grant to their majesties of an aid of two shillings in the pound for one year . ii. an act for declaring the rights of the subject , and settling the succession of the crown . iii. an act for naturalizing william watts , an infant . iv. an act for declaring and enacting john rogerson to be a natural born subject of this realm . may it please your majesty . your dutiful and loyal subjects , the commons in this present parliament assembled , taking into consideration the great and necessary expences your majesty will sustain in the prosecution of the war , wherein your majesty is now engaged , did at their first meeting in this present session , unanimously agree to present your majesty with a supply of two millions ; the greatest part of which they resolved to charge upon their lands , as the most speedy and effectual way of raising present money for this occasion . but finding that great abuses had been com mitted in assessing the late supply of the like nature , they have endeavoured to provide against those abuses in raising of this present tax ; the consideration whereof hath taken up much of their time , and produced a bill of an unusual length , which i now offer to your majesties gracious acceptance : they have likewise agreed upon a bill for declaring of their rights and liberties , which were so notoriously violated in the late reign , humbly desiring your majesty to give life to it by the royal assent , that so it may remain not only a security to them from the like attempts hereafter , but be a lasting monument to all posterity , of what they owe to your majesty for their deliverance . edinbvrgh , re-printed by the heir of andrew anderson , mclxxxix . the night-walker of bloomsbury being the result of several late consultations between a vintner, judge tallow-chandler, a brace of fishmongers, and a printer, &c. : in a dialogue between ralph and will. approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing n estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the night-walker of bloomsbury being the result of several late consultations between a vintner, judge tallow-chandler, a brace of fishmongers, and a printer, &c. : in a dialogue between ralph and will. nieuhof, johannes, - . sheet ([ ] p.) printed by j. grantham, london : mdclxxxiii [ ] caption title. attributed to johan nieuhof by wing. "entered according to order." imprint from colophon. reproduction of original in the british library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng russell, william, -- lord, - . rye house plot, -- anecdotes. great britain -- politics and government -- - -- anecdotes - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion the night-walker of bloomsbury : being the result of several late consultations between a vintner , judge tallow-chandler , a brace of fishmongers , and a printer , &c. in a dialogue between ralph and will. entred according to order . ralph , d' ye hear the news ? will. what news ? ralph , why , they say my lord russel walks . will. and do you believe it ? ralph , why not ? may not lords walk as well as other people ? will. that 's not the business — but i perceive you have heard but a piece of the story — you have not heard how the ghost came to be rais'd , nor how he was laid . ralph , rais'd and laid ! — why then i warrant you take it to be nothing but a piece of imposture . will. nothing more certain , — a meer silly , idle , foppish contrivance of a cabal of bigotted papists . ralph , i must confess a bigotted papist is a very sottish sort of animal — but what did this deep design drive at ? will. why , sir , a certain vintner not far from southhampton-square , a well-wisher , you may be sure , to any religion he could get by , had a mind to draw custome to his empty house — for he had a vast prospect of gain from the success of the action — for quo he to himself , the people will cry , whether shall we go ? go ! says another , we 'l go to the hobgoblin that counterfeited the lord russels ghost — for thought he , every body will be glad to see a hobgoblin . ralph , puh — this is some invention of yours to put a trick upon the poor papists . will. an invention of mine ! 't is all about the town — and besides , there is nothing more common among the papists then to counterfeit spirits and ghosts — i find you never read the story of the four monks of bearn in switzerland , that were hang'd for counterfeiting the virgin mary ; not of the country curate that lay with his neece in the shape of st. barbara . but the fryer had not so good luck : for he living in a young widows house , would fain have frighted the young widow into his lascivious embraces — and to that purpose haunted her chamber every night in a winding-sheet : but she being a woman of mettle , hid a friend of hers privately in her chamber , that gave the spirit such a severe cudgelcorrection , as made him quickly beg quarter for his bruised bones . ralph , but all this while , where was the profundity of the design ? will. the profundity of the design was to put the lord russels speech upon dr. burnett — and of this they were resolv'd to have an acknowledgement out of the lord russel's own mouth . ralph , that was hard to do , when his head was cut off . will. oh — but though the head of his body was cut off , the head of his ghost was still on — however , tho' it be not to be deny'd , that a spirit without a head has a very brisk motion , yet the committee were not so cunning , as to know how to bring his ghost out of buckinghamshire into bloomsbury-square — and therefore another expedient was to be found out — the committee was extreamly puzl'd to find out this expedient , till the vintner , inspir'd no doubt with his own pipes and tierces , had it presently in his pate — quo he , ladies and gentlemen , why may not i act a ghost , as well as matt. medbourn ? ralph , frolick for frolick now , it would be a very good humour to indict this vintner upon the statute of jacob . . for endeavouring to personate the lord russels ghost , on purpose to procure an acknowledgement contrary to his will and consent . will. faith sir , the very action it self procur'd him punishment enough , to be well drub'd , and two such lovely forehead marks of knave and fool , that ten fountains , with all the soap in the city , will never wash off . ralph , pardon me , sir , i have a greater opinion of the vintner , and that he acted what he did in the imitation of theseus and eneas , who both went to visit pluto's dominions ; but this same vintner undertook to be even a tormented inhabitant of the lower shades himself , to advance the popish interest , which was much a more daring deed then that of theseus . the vintner had listed himself in hell , which theseus never did . will. ay — but theseus was theseus ; theseus kick'd proserpina's dog before her face , in her own dining-room ▪ but this bugbear of a vintner suffer'd himself to be thrash'd like any mortal coward , and yet the fool had not the wit to vanish . — they say , had the earth yielded never so little , the first blow the beadle hit , had struck him down to the place from whence he pretended to come . ralph , but can you tell who hatch'd this chicken of a design ? will. politick heads , sir , politick heads — very politick heads — and of both sexes too i assure ye . ralph , i must confess , i admire neither of their ingenuities ; and as for the women , i find 'em much more famous for the crafty carrying on a love intrigue , or concealing their private enjoyments , then in managing hobgoblin plots . will. sir , i do tell ye , this committee consisted of several persons male and female — imprimis , the man of the house , and his wife , chief presidencess of the council . in the next place , two fishmongers in bloomsbury , if you hunt after the name of the one , you may easily find it : the other a most rude and ungraceful acknowledger of the lord russel's former favours , as who had all along serv'd his table from his own shop ; his grandfather seems to have bin the son of tomlins . ralph , these fishmongers , sir , were notably drawn into this conspiracy — 't was emblematical — for as great undertakings require great silence , so none more likely then fishmongers to bear the proverb always in mind , as mute as a fish . will. the next was a tallow-chandler , who , tho' he live by the night , takes his name from noon-day . ralph , why that was it that spoil'd the whole plot , to engage a tallow-chandler in deeds of darkness . will. oh sir , but he was to have been a witness — and none so fit to be witness as a man of light — besides , sir , he was to attend the hobgoblin , and none so fit as a tallow-chandler to hold a candle to the devil . but observe how the tallow-chandler was match'd ; for the other witness was to be a papistical printer in the neighbourhood . ralph , there y' are right again — for if the truth should chance to slip out of the chandlers memory , the printer had always a register ready to refresh it . will. by what i hear , there 's no such need of rubbing up the tallow-chandlers memory . a my word sir , y are got into pleasant company — here 's a vintner acts the devil — and a tallow-chandler acts a judge — and judges sir , are no fools to have their memories rub'd . ralph , who the devil made the tallow-chandler a judge ? will. wine and fat venson , sir , at the crown-tavern in bloomsbury ; for there it was that the tallow-chandler , a witty jocose droll of a tallow-chandler , finding there was something to be done to gratify the company ( for it was at a publick venson-feast ) took upon him the dignity of the coife , and causing mr. hamden to be arraign'd before him , mercilesly condemn'd him to be hang'd . ralph , what had the tallow-chandler to do with mr. hamden — surely he is to stand or fall by another sort of judicature then six i' th pound . will. oh sir , 't was done to please a brace of reverend justices that were stewards of the feast — and such frolicks as these , lord sir , you cannot imagin how they digest venson pasty pudding-crust — there are some people so hot , that you would admire they do not melt their grease , and get the scratches with galloping after such fancies as these . ralph , and yet when this tallow-chandler serv'd mr. hamden with candles , he did not scruple to take his money , notwithstanding he might not then be of his severe judges present opinion : and therefore there is some hope yet left , that mr. hamden may sweeten up his judge into a reprieve , upon a promise of laying in his winter store out of bloomsbury . will. there was an apothecary too , whose spleen was extreamly tickl'd at the conceit of their design . repute makes him a person of a bulky stature , famous for the beauty of his wainscot lady , and the wit of his son , whom he teaches to curse the d. of m. ralph , why truly , this pothecary is highly to be applauded for his loyalty : for to shew the exquisiteness of his allegiance , he sends his child to the devil to confirm it . will. there were several others that met at two or three of these consults , that have open'd their purses to save their reputation . ralph , i am not apt to believe , that people who concern'd themselves with such a ridiculous sham as this , had much reputation to lose ; and therefore their peter-pence were ill bestow'd . the proverb is , discover , and shame the devil . will. that never could be better don then by the dress with which they disguis'd him : for certainly all the fools and zunies in bartholomew-fair were never so quaintly rigg'd , as this same hob-thrush of a vintner was equipped to act his tragick-comedy . ralph , as how ? will. first they hung about his neck a large night-rail , which the gentlewoman of the house lent him out of her zeal . ralph , most enigmatical , problematical , emphatical , and emblematical — for a night-rail being a kind of a cloak , was most proper to cover a piece of knavery . will. to hide his lower parts , the fishmongers lent him their aprons . ralph , more enigmatical still — for fishmongers being men of lent and fasting days — the fishmongers aprons were to put the ghost in mind of his sorrow , contrition and repentance , for owning a speech that was none of his own . will. by your favour , sir , here 's a breach of an act of parliament discover ▪ d , to bring a spirit ▪ out of his grave in linnen , whereas the ought to have appear'd in crape ; and being a lord , in lac● crape too . ralph , well ! but what had the goblin about his head ? will. his head was muffl'd up in a white dlaper napkin — to shew that the letter was diaper'd with the inventions of several writers , and not of one plain woofe . ralph , shame saw the luggs on 'em , for a company of dotards — as if the devil were grown as fantastical as the french , to change his old fashions — now the old fashions of ghosts , ever since i heard of ghosts , was always the same , a winding-sheet with two knots , and a taper in the spirits hands , with which the chandler might easily have furnish'd the devil . or if the spirit must needs rise in the same cloaths he was bur●● , the cab● had much better ha' 〈…〉 b'd for a new crape funeral suit — i would ha' serv'● the goblin of a vintner ▪ another time , when the juice of his own lime-fa●● had burnt up his liver . i 'le undertake there 's ne re ▪ a booth in pork● 〈◊〉 would have dressed ▪ up a hobgoblin more artificially than such a consultation of ninny-hammers — but when the devil was thus betrumpery'd , what did he do ? will. in this mere-maids attire , he went attended with the two fishmongirs for his guard , and the chandler and printer were to be witnesses they saw the apparition — at length , when he came to his posts , as the contrivers had laid it , ▪ t is to be supposed , near the house where the lord russell liv'd , he fell a groaning like an oxe at the first sticking ; nay , he groan'd even like the groaning-board it self ; and after a short preamble of lamentations lewdly uttered , he cryed out , oh — i have no rest because of the speech that i never made , but dr. burnet . ralph , there 's no fear on t ' , but he 'l be taught to groan better when he comes to groan for himself . one would have thought he should have practis'd the art of groaning more accurately before he went to groan upon such an occasion as this — he should have groan'd as if he had been groaning for his life , that had taken such a part upon him — but it seems he rather fell a braying , then a groaning , and so discover'd himself — for upon the noise , as some report , or at least as the goblin deserv'd , one of the watch coming up to him , and perceiving by his shoes , that he had no cloven-feet , can't ye be quiet , quo he , in your grave ? i 'le make ye quiet ; and with that , gave him such a palt o' th pate and the thigh , as quickly chang'd the colour of his ghostly habit. ralph , i' good faith , the watchman did more then all the comittee could do — for they only strove to make him a faigned goblin , but the watchman made him a real raw-head and bloody bones — a catastrophe that such an enterprize justly deserv'd — but what became of poor raw-head and bloody-bones ? will. the now real goblin was forc'd to confess his name , and the names of his associates , and to chear up the watch with drink and money for the fright he had put 'em in , and so they let him go , to groan forth his own lamentations to the gulls that set him at work. ralph , well , i will say nothing of the speech one way nor other , but sure it was an act neither generous nor christian-like , to raise up an impostor to disturb the silence of a gentlemans grave that had paid his last debt to justice . will. barbarous and papistical , which is as much as needs be said of it . finis london : printed by j. grantham , mdclxxxiii . to the parliament of the common-wealth of england, &c. the humble petition and representation of divers well-affected of the county of south-hampton. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing t thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) to the parliament of the common-wealth of england, &c. the humble petition and representation of divers well-affected of the county of south-hampton. england and wales. parliament. sheet ([ ] p.) printed by r.w. for francis tyton, at the three daggers in fleet-street, london : . praying that the existing form of government should be secured and maintained. with the answer of the parliament. parliamentary response dated: thursday, may . . signed: thomas st. nicholas, clerk of the parliament. annotation on thomason copy: "may ". reproduction of the original in the british library. eng great britain -- politics and government -- - -- early works to . southampton (england) -- history -- th century -- early works to . a r (thomason .f. [ ]). civilwar no to the parliament of the common-wealth of england, &c. the humble petition and representation of divers well-affected of the county of south england and wales. parliament. c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - jonathan blaney sampled and proofread - jonathan blaney text and markup reviewed and edited - pfs batch review (qc) and xml conversion to the parliament of the common-wealth of england , &c. the humble petition and representation of divers well-affected of the county of south-hampton . that having seriously considered the wonderfull providences of god in the revolutions of late years , we cannot but greatly rejoyce in his goodness , who hath so miraculously delivered us , and broke the yoak of our oppressors . we still remember how victoriously he went forth with this parliaments forces by sea and land , destroying the powers of our former enemies at home and abroad . we also thankfully acknowledge his gratious providence in defeating and strangely disappointing the counsels of others of late , who treading in the steps of our former oppressors made many of us fear our latter end would be worse then our beginning . but the almighty turned their counsels into foolishness , and hath in peace restored the power and authority of the nation to the people , whose undoubted right it is : and you their representatives to the place from whence you have been by force and injustice thus long restrained ; since which time our calamities have been numerous and insupportable , our brethrens blood streaming in several parts of the world , our liberties scornfully trodden underfoot , our treasures expended on instruments of our slavery at home , and abroad in personall quarrells ▪ our old enemies encouraged , prophaness encreased , the whole nation oppressed and impoverished and all this to set up an interest contrary and destructive to that of the nation , and raise a party that hath skin'd the people to clothe themselves . but our god having now restored our liberties , so that henceforth we hope through gods blessing , the power and peace , the treasure and trade of the nation , the lives and consciences , liberties and estates of the people thereof shall never again be disposed of by , or sacrificed to the lust and ambition of a particular person or family , or any other usurpers of power over the people : but that by you and the peoples successive equall representatives in their general courses , all the concernments of the nation shall be freely debated and determined without any check or obstruction from a distinct and contrary interest ; and that religion may flourish the gospel , with the ordinances , ministers and sober professors thereof may be maintained and encouraged , the freedom , rights and priviledges of the people and their representatives may be ever kept sacred and inviolable , the law equally administred , and courts of justice freed from corruption . and in order to the security of the people and your selves , whilest these great works and the settlement of the government of the common-wealth is upon you , that the militia and strength of the people may be speedily put into a due form under the power and command of those persons of interest who have shewed their faithfulness and integrity to the common-wealth without any defection : so shall our enemies be ashamed , and all their attempts like his that built jericho , when god had destroyed it : and the generations to come shall bless god for their liberties ( buryed by others , but ) revived by you in making us a happy free-state : for the attainment whereof , we together with our prayers faithfully and freely promise to stand by you to the uttermost hazard of the lives and fortunes of us . thursday , may . . the house being informed that some gentlemen of hampshire were at the door , they were called in , and being come to the bar , mr. tulse on the behalf of himself and the rest presented an humble petition , and prayed that the same might be read , which was entituled the humble petition and representation of divers of the well affected of the county of south-hampton : and after the petitioners were withdrawn , was read ; and afterwards the petitioners were again called in , and mr. speaker gave them this answer . gentlemen , the house hath read your petition , and found therein many sober and discreet expressions of your affections , and tenderness of the good and welfare of the nation , and will take the particulars in the petition , into their consideration in due time . and for your good expressions and affections , they have commanded me to give you their thanks : and i do give you the thanks of this house accordingly . thomas st. nicholas , clerk of the parliament . london , printed by r. w. for francis tyton , at the three daggers in fleet-street . . an act concerning the militia's in the respective counties within this common-vvealth. england and wales. parliament. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) an act concerning the militia's in the respective counties within this common-vvealth. england and wales. parliament. sheet ([ ] p.) printed by john field, printer to the parliament of england, london : . order to print dated: tuesday the th of august. . signed: hen: scobell, cleric. parliamenti. with engraving of parliamentary seal at head of text. reproduction of the original in the british library. eng great britain -- militia -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no an act concerning the militia's in the respective counties within this common-vvealth. england and wales. parliament. c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - elspeth healey sampled and proofread - elspeth healey text and markup reviewed and edited - pfs batch review (qc) and xml conversion an act concerning the militia's in the respective counties within this common-vvealth . be it enacted and declared by this present parliament , and by the authority thereof , that all and every the persons nominated and appointed , or to be nominated and appointed by the councel of state , for the forming , listing , raising , setling and disposing of the militia in the several and respective counties of this commonwealth , shall be , and are hereby authorized and impowered to do , execute and perform , all and every the powers and authorities granted by any act , order or ordinance of parliament , for raising of any forces of horse or foot for the service and safety of the commonwealth of england ; and that the said commissioners already nominated , or hereafter to be nominated by the councel of state , be authorized and required forthwith to summon before them , all and every the militia forces lately listed or raised in their several and respective counties , whether they be horse or foot , with all their officers and soldiers , to be drawn into one or more bodies , unto some one or more rendezvouzes in eath county respectively , as the commissioners shall think fit ; and to take care and provide , that all and every person and persons , who do , or shall finde or provide , and are or shall be charged with horsmen or footmen , shall immediately furnish the said horsmen or footmen so charged upon them respectively , with one full moneths pay , the same to be paid or reimbur●ed by appointment of parliament out of , or by way of assessments or otherwise ; and all commissioners , commanders , officers and soldiers , are to follow such orders and directions , as they shall from time to time receive from the parliament or councel of state appointed by authority of parliament ; and the said commissioners , commanders , officers and soldiers , are hereby required to do their respective duties herein with all diligence and faithfulness , upon pain of being censured and adjudged enemies to their countrey , and to undergo such penalties as in that behalf shall be by the parliament thought fit to be inflicted upon them . and be it further enacted by the authority aforesaid , that all commissions formerly granted by the councel of state , unto any colonels , lieutenant-colonels , majors , captains and other officers , upon the last act for the militia's of the commonwealth , be revived , continued , and shall stand in full force until the first day of december , one thousand six hundred fifty one , unless the parliament or councel of state shall give other order . tuesday the th of august . . ordered by the parliament , that this act be forthwith printed and published . hen : scobell , cleric . parliamenti . london , printed by john field , printer to the parliament of england . . an act for continuing the jurisdiction of the court of admiralty. england and wales. parliament. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) an act for continuing the jurisdiction of the court of admiralty. england and wales. parliament. sheet ([ ] p.) printed by john field, printer to the parliament of england, london : . order to print dated: wednesday the d of april, . signed: hen: scobell, cleric. parliamenti. with parliamentary seal at head of text. reproduction of the original in the british library. eng admiralty -- england -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no an act for continuing the jurisdiction of the court of admiralty. england and wales. parliament. a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion an act for continuing the jurisdiction of the court of admiralty . blazon or coat of arms be it enacted by this present parliament , and by the authority thereof , that the former ordinance and former acts made this present parliament , for the setlement of the iurisdiction of the court of admiralty , and constituting of the three iudges of that court , and setling their salaries , and all the matters , clauses and things in the said ordinance and acts respectively contained , be , and are hereby continued , and shall stand in full power , force and effect , from and after the twelfth day of april , one thousand six hundred fifty one , until the parliament shall take further and other order therein . and it is hereby further enacted , that william stephens , william clerk and john exton , doctors of laws , and present iudges of the said court , be , and are hereby authorized , impowered and required to continue and proceed in , and to exercise the office and offices of iudges of the said court of admiralty , from and after the said twelfth day of april accordingly , until the first of december , one thousand six hundred fifty and one . wednesday the d of april , . ordered by the parliament , that this act be forthwith printed and published . hen : scobell , cleric . parliamenti . london , printed by john field , printer to the parliament of england . . by the king, a proclamation of his majesties grace, favour, and pardon to the inhabitants of his counties of stafford and derby england and wales. sovereign ( - : charles i) this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing c ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing c estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) by the king, a proclamation of his majesties grace, favour, and pardon to the inhabitants of his counties of stafford and derby england and wales. sovereign ( - : charles i) charles i, king of england, - . broadside. by leonard lichfield ..., printed at oxford : [i.e. ] "given at our court at oxford, this sixth day of march, in the eighteenth yeare of our reigne." reproduction of original in the bodleian library. eng england and wales. -- royal navy. great britain -- history -- civil war, - . great britain -- politics and government -- - . a r (wing c ). civilwar no by the king, a proclamation of his majesties grace, favour, and pardon to the inhabitants of his counties of stafford and derby england and wales. sovereign a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - paul schaffner sampled and proofread - paul schaffner text and markup reviewed and edited - pfs batch review (qc) and xml conversion royal blazon or coat of arms c r honi soit qvi mal y pense by the king . ¶ a proclamation concerning his majesties navy . whereas wee by our gratious proclamation , bearing date the tenth of november now last past , freely offered our grace , favour , and pardon to all seamen , sailers , mariners and other watermen , who having been formerly seduced by some traiterous and seditious persons , were this last yeare used as instruments , to detaine our ships from vs ; yet under this proviso neverthelesse , that they did speedily returne to their obedience and loyalty , and did not from thenceforth presume to serve in any of our ships detained from vs , or otherwise to serve against vs by sea or land , or by loane , contribution , or otherwise to assist the army raised against vs , or to assemble or muster themselves in armes , without authority derived from vs , or enter into any oath of association , for opposing vs or our army , as by the said proclamation more at large may appeare . and whereas afterwards , we by another proclamation , bearing date the tenth of february now last past , did again admonish all our subjects of the quality before mentioned , and also all our officers , victuallers and servants of all sorts belonging to our ships or navy , that they should from thenceforth , forbear to intermeddle in the graving , rigging furnishing , manning , or serving of , or in our ships , by the direction of robert earle of warwick , or any other , without our speciall direction and warrant , upon the paines , in the said last proclamation mentioned , as by that proclamation it may also at large appeare . and whereas we have bin informed , that some wicked & seditious persons intending to seduce our good subjects , and with false-hoods to abuse them , that they not knowing the truth , might still be misled ( as formerly they have been ) to serve the wicked designes , and treasonable practices of such as are in rebellion against vs , have given out and published , that whatsoever is intended for the preparation and setting out of the navy in the spring now approaching , is done by our speciall direction and expresse warrant , which is utterly false , we not having any purpose or reason to trust our navy , or any of our ships in their hands and power who have given so cleer a testimony of their former disloyalty unto vs , and of their endeavours to destroy vs and our kingdom : we doe therefore hereby publish and declare , that we have not given , nor doe intend to give any such command , direction or consent , that any of our ships , or any other ships of this our kingdom , shall be prepared , victualled , rigged , man'd , or set to sea , by , or under the command or conduct of the earle of warwick , or any other person or persons whatsoever , by any pretended authority from one or both the houses of parliament , without and against our consent and expresse command . and we doe further give notice hereby to all our subjects , whom it may any wayes concerne , that as we are and ever shall be carefull to the utmost of our power to protect our good subjects from the malice of ours and their enemies , either at home or abroad , and to that end shall use all the just means we possibly can to restore them to their former peace , whereby they may enjoy the comfort of the true protestant religion in the integrity thereof , the freedome of the known lawes , the liberty of their persons , and propriety of their estates , and just priviledges of parliament , whatsoever is malitiously and slanderously suggested to the contrary , so we will by the due course of law , vindicate our honour with a just indignation against and upon all those who from henceforth , after so many gratious admonitions and offer of free pardon for what is past , ( which we doe now again gratiously and freely renew ) shall wilfully and malitiously presume to give assistance in any thing to the said earle of warwick , or any other , who upon any specious , but false pretences , shall endeavour in this yeare now ensuing , to prepare , rigge up , victuall , furnish , manne , or set forth any of our own shippes , or any other shippes of warre , appertaining to any others , without our warrant under our hand and seale ; we being well assured , that under the pretence of making a defence for the kingdome against some imaginary forraigne enemy ( where in truth we know not of , or have cause to suspect any such ) the purpose of the contriver of these rebellious actions , is manifest to be in the first place wickedly and traiterously to convert our navy , and the navy of the kingdom to the destruction of vs and of our crown , and good subjects , and to make themselves masters thereof , if they can therein prevaile ( as we hope by gods blessing they shall not ) and if they prevaile not , then by the convoy of those ships to convey themselves and those who goe with them into some forraigne parts , with a purpose that neither themselves nor those who serve them shall returne to their native country , to whom they have been so professed enemies , and by this means to rob the kingdom of the shipping which is the defence thereof ; and that these are the undoubted intentions , if the former acts of hostility against vs performed the last yeare , by some of those ships set out under the name of the said earle , and by the authority of the two houses of parliament , were not sufficient to satisfy vs and all others , the late barbarous actions of , and by some of those ships , within a very few daies now past at burlington bay in our county of yorke , to the hazard of the life of our dearest consort the queene , at the time of her landing there ( if god in his great mercy had not protected and delivered her ) not casually but purposely committed , will give sufficient testimony thereof to all the world , to the perpetuall shame of the actors and abettors thereof , for which in due time they must expect their just reward . given at our court at oxford , the sixth day of march , in the eighteenth yeare of our reigne . . god save the king . printed at oxford by leonard lichfield printer to the university . . a declaration of the lords and commons in parliament directed to the high-sheriffe of the county of essex, and all other sheriffs in generall within the kingdom of england and dominion of wales : concerning his majesties proclamation about the militia. england and wales. parliament. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing e ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a declaration of the lords and commons in parliament directed to the high-sheriffe of the county of essex, and all other sheriffs in generall within the kingdom of england and dominion of wales : concerning his majesties proclamation about the militia. england and wales. parliament. broadside. printed for joseph hunscott, london : june , . "die sabbati junii, ." declaring the illegality of the king forbidding the militia from marching or exercising without his consent. reproduction of original in the society of antiquaries library, london. eng great britain -- history -- civil war, - . great britain -- politics and government -- - . a r (wing e ). civilwar no a declaration of the lords and commons in parliament: directed to the high-sheriffe of the county of essex, and all other sheriffs in genera england and wales. parliament a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion a declaration of the lords and commons in parliament : directed to the high-sheriffe of the county of essex , and all other sheriffs in generall , within the kingdom of england , and dominion of wales : concerning his majesties proclamation about the militia . die sabbati junii , . whereas robert smith esquire , now high sheriff of the county of essex , hath lately received a writ , bearing date the of may , in the eighteenth yeer of his now majesties reign ; thereby commanding him to publish a proclamation , whereby all his majesties subjects belonging to the trained bands , or militia of this kingdom are forbidden to rise , march , muster or exercise , by vertue of any order or ordinance of one , or both houses of parliament , without consent or warrant from his majesty , upon pain of punishment according to the laws : and whereas the said high-sheriff hath now addressed himself to both houses of parliament , for advice and directions therein ; conceiving the said proclamation to be contrariant , and repugnant to the ordinance and iudgement of both houses of parliament concerning the militia ; it is therefore declared by the lords and commons in parliament , ( they intending nothing by the said ordinance , but the protection and security of his majesties person , the defence of the kingdom against forrein invasion , and the preservation of the publike peace against intestine rebellions , and insurrections here at home , the maintenance of the priviledges and authority of parliament , according to the protestation : ) that the said writ is illegall ; for that by the constitution and policie of this kingdom , the king by his proclamation cannot declare the law , contrary to the constitution of any of the inferiour courts of iustice , much lesse against the high court of parliament : and likewise , for that this writ forbids that to be done , which they are obliged unto by their duty to god , their allegiance to his majestie , and the trust reposed in them by the commonwealth , ( the law having intrusted them to provide for the good and safety thereof ; ) and that the said high-sheriff hath done nothing in for bearing to publish the said proclamation , but according to his duty , and in obedience to the order of both houses ; and he is hereby required , not to publish the said proclamation , or any other proclamations or declarations of the like nature , that concern the parliament , without first acquainting the said houses . and it is further declared , that the said high-sheriff , and other sherifts of other counties , within this kingdom of england , and dominion of wales , for their obedience to the orders and ordinances of parliament ; or that have , or hereafter shall do any thing in the execution thereof , shall be protected by the power and authority of both the said houses . joh. brown , cler. parliamentorum . london , printed for joseph hunscott . june , . by the king a proclamation signifying his maiesties pleasure, that all men being in office of government, at the decease of his most deare, and most royall father, king iames, shall so continue, till his maiesties further direction. england and wales. sovereign ( - : charles i) approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a stc estc s ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) by the king a proclamation signifying his maiesties pleasure, that all men being in office of government, at the decease of his most deare, and most royall father, king iames, shall so continue, till his maiesties further direction. england and wales. sovereign ( - : charles i) charles i, king of england, - . leaves. by bonham norton and iohn bill, printers to the kings most excellent maiestie, imprinted at london : m. dc. xxv [ ] caption title. imprint from colophon. sheet , line of text ends "in". "giuen his maiesties court at s. iames, the eight and twentieth day of march, in the first yeere of his maiesties reigne of great britaine, france and ireland." reproduction of original in: society of antiquaries. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng great britain -- officials and employees. great britain -- court and courtiers. great britain -- history -- charles i, - . great britain -- politics and government -- - . - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - john latta sampled and proofread - john latta text and markup reviewed and edited - pfs batch review (qc) and xml conversion by the king. ¶ a proclamation signifying his maiesties pleasure , that all men being in office of gouernment , at the decease of his most deare , and most royall father king iames , shall so continue , till his maiesties further direction . forasmuch as it hath pleased almighty god , lately to call vnto his infinite mercy , the most high and mighty prince , king iames , of most blessed memory , the kings maiesties most deare and entirely beloued father , by whose decease , the authority and power of the most part of the offices and places of iurisdiction , and gouernment within this realme , and in the realme of ireland , did cease and faile , the soueraigne person failing , from whom the same were deriued ; and thereupon , through doubtfulnesse , or want of authority , in such persons , as were inuested in the said offices and places , the setled and ordinary course of iustice , and of the affaires of state , ( if remedy bee not prouided ) might receiue disturbance , and preiudice , by discontinuance , and interruption ; the kings most excellent maiestie , in his princely wisedome , and care of the state , ( reseruing to his owne iudgement heareafter , the reformation and redresse of any abuses in misgouernment , vpon due knowledge and examination thereof , ) is pleased , and hath so expresly signified , that all persons that at the time of the decease of the late king , his dearely beloued father , were duely and lawfully possessed of , or inuested in any office , or place of authority , or gouernement , either ciuell , or martiall , within this realme of england , or in the realme of ireland , or in any other his maiesties dominions belonging thereunto ; and namely , all presidents , lieuetenants , uicepresidents , iudges , iustices , sheriffes , deputy lieuetenants , commissioners of musters , iustices of peace , and all others in place of gouernment , either meaner , or superior , as aforesaid ; and all other officers and ministers , whose interests and estates in their offices are determined , or ceased by the meanes afore mentioned , shall be , and shall hold themselues continued in the said places and offices , as formerly they held and enioyed the same , vntill his maiesties pleasure be further knowen . and that in the meane while , for the preseruation of the peace , and necessary proceedings in matters of iustice , and for the safety and seruice of the state , all the said persons , of whatsoeuer degree or condition , may not faile , euery one seuerally , according to his place , office , or charge , to proceede in the performance and execution of all duties thereunto belonging , as formerly appertained vnto them , and euery of them , while the late kings maiestie was liuing . and further , his maiestie doth hereby will and command all and singuler his highnesse subiects , of what estate , dignitie or degree , they , or any of them be , to be ayding , helping , assisting , and at the commandement of the said officers and ministers , in the performance , and execution of the said offices and places , as they , and euery of them , tender his maiesties pleasure , and will answere for the contrary , at their vttermost perils . and further , his maiesties will , and pleasure , and expresse commandement is , that all orders and directions made , or giuen by the lords of the priuie counsell of the late king , in his life time , shall be obeyed ; and performed by all , and euery person and persons , and all , and euery thing , and things to be done thereupon , shall proceede as fully and amply , as the same should haue beene obeyed or done , in the life of the said late king , his maiesties most deare and entirely beloued father . giuen at his maiesties court at s. iames , the eight and twentieth day of march , in the first yeere of his maiesties reigne of great britaine , france , and ireland . god saue the king. ¶ imprinted at london by bonham norton and iohn bill , printers to the kings most excellent maiestie . m.dc.xxv . tuesday the th of may, . resolved upon the question by the parliament, that all recognizances for the peace, good behavior or appearances returned into the exchequer, or forfeited, ... be absolutely discharged, ... england and wales. parliament. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e d thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) tuesday the th of may, . resolved upon the question by the parliament, that all recognizances for the peace, good behavior or appearances returned into the exchequer, or forfeited, ... be absolutely discharged, ... england and wales. parliament. sheet ([ ] p.) printed by john field, printer to the parliament of england, london : . title from caption and opening words of text. order to print signed: hen: scobell, cleric. parliamenti. with parliamentary seal at head of text. reproduction of the original in the british library. eng fines (penalties) -- great britain -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no tuesday the th of may, . resolved upon the question by the parliament, that all recognizances for the peace, good behavior or appearan england and wales. parliament. a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion blazon or coat of arms incorporating the commonwealth flag ( - ) tuesday the th of may , . resolved upon the question by the parliament , that all recognizances for the peace , good behavior or appearances returned into the exchequer , or forfeited , and which are or may be put into proces ; and all amerciaments in that court , and all fines and amerciaments in the late star-chamber and high commission court , which are or may be levied as due to the commonwealth at any time before the thirtieth day of january , one thousand six hundred forty and eight , when this commonwealth was restored to its freedom and liberties , be absolutely discharged , and that no further proces , seizure or proceedings be had in the court of exchequer touching the same . and that all and every sheriff and other officers do forbear to make any further levies of any sum or sums of money upon any such forfeited recognizances , fines , issues or amerciaments . and the barons of the court of exchequer are to take notice hereof , and give order that the same be observed ; and that the discharges be entred upon the records thereof . ordered by the parliament , that this vote be forthwith printed and published . hen : scobell , cleric . parliamenti . london , printed by john field , printer to the parliament of england . . die jovis, januarii. . additionall directions of the lords and commons assembled in parliament for the billeting of the army, when they are upon a march, or setled in their quarters. england and wales. parliament. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) die jovis, januarii. . additionall directions of the lords and commons assembled in parliament for the billeting of the army, when they are upon a march, or setled in their quarters. england and wales. parliament. sheet ([ ] p.) printed for john wright at the kings head in the old bayley, london : [i.e. ] order to print signed: joh. brown cler. parliamentorum. variant; turned "m" in 'parliament' in title (steele i, ). reproduction of the original in the british library. eng soldiers -- billeting -- early works to . great britain -- militia -- early works to . great britain -- history -- civil war, - -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no die jovis, januarii. . additionall directions of the lords and commons assembled in parliament, for the billeting of the army, when th england and wales. parliament. a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion die jovis , januarii . . additionall directions of the lords and commons assembled in parliament , for the billeting of the army , when they are upon a march , or setled in their quarters . that when soever any forces shall be by vertue of an order from the generall , or from such as he shall appoint , upon a march or removing quarters , they shall at the townes or parishes where they shall be ordered to quarter , be billetted in the usuall way by the quarter-master or superiour officers , according to the directions of the constables or chiefe civill officers of the said townes or parishes ; and the respective inhabitants where any of the said souldiers shall be so billetted shall receive them , and for one night , or two nights at the most , shall finde them their ordinary family diet , wherewith the souldier shall be contented , and pay for the same at the rate of six pence per diem for a foot souldier , and twelve pence per diem for a trooper , and hay onely for his horse . that for the first fortnight after the forces shall be drawne into garrisons , towns and cities , ( according to the directions of parliament ) and untill they shall be furnished with pay to enable them to maintaine themselves , they shall in the same manner be quartered , received and provided for , and at the same rates aforesaid , by such inhabitants upon whom they shall be billetted by the magistrate of the place , or by their owne officers , in case the civill magistrate shall refuse to do it ; the officers ingaging to the inhabitants to see the quarters discharged at the said rates . that after the said fortnight is expired , or after the forces shal be furnished with pay as aforesaid , in any garrisons , townes , or cities , where any forces shall come by order , as aforesaid , to be at a setled quarter , so many of them as cannot be conveniently disposed of to innes ; ale-houses , tavernes , or victualling-houses , shall be billetted at other houses by the chiefe magistrate of the place , or ( if he shall refuse to do it ) by the chiefe officer present with the said forces ; and in case of any abuse or inequality therein , the said magistrate , or next justice of peace , to have power to order and alter the proportions of billetting to the severall inhabitants , as he shall finde most fit and equall : and the persons where they shall be so billetted , shall receive them accordingly ; but shall not after the two first nights from the souldiers coming thither ( for which the souldier is to pay at the rates aforesaid ) be lyable to finde the souldier any dyet or horse-meat ( except by agreement betwixt him and the souldier , and at such rates as they shall agree upon ) but shall only entertaine the souldier with lodging , stable roome , and the use of their ordinary fire and candle-light . and in case any such inhabitants be agrieved therewith , and desire to have no souldiers at all in his house ( he or the magistrate providing such billet for the souldier elsewhere within the towne ) or at any village adjacent ( within such distance as the chiefe officer commanding in the quarter shall allow of ) such inhabitant shall have his house wholly free . die jovis , january . . ordered by the lords assembled in parliament , that these additionall directions be forthwith printed and published . joh. brown cler. parliamentorum . london printed for john wright at the kings head in the old bayley . . a satyr against brandy. haines, joseph, d. . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing h a estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a satyr against brandy. haines, joseph, d. . sheet ( p.) printed for p.w., [london : ] by jospeh haines. verse- "farewel damn'd stygian juyce, that dost bewitch,". caption title. imprint from colophon. printed on verso: a song upon ale (wing ( nd ed.) s a). reproduction of the original in the harvard university library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng brandy -- poetry -- early works to . political satire, english -- early works to . great britain -- politics and government -- - -- poetry -- early works to . - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion a satyr against brandy . farewel damn'd stygian juyce , that dost bewitch , from the court bawd , down to the country bitch ; thou liquid flame , by whom each fiery face lives without meat , and blushes without grace , sink to thy native hell to mend the fire , or if it please thee to ascend yet higher , to the dull climate go , from whence you came , where wit and courage do require your flame ; where they carouse it in vesuvian bowls , to crust the quagmire of their spungy souls : had dives for thy schorching liquor cry'd ; abraham in mercy had his suit deny'd ; had bonner known thy force , the martyrs blood had hiss'd in thee , and sav'd the nations wood : essence of ember , scum of melting flint , with all the native sparkles floating in 't ; sure the hack-chymist with his cloveh foot , all aetna's simples in one lymbeck put , and double still'd , nay quintescenc'd thy juyce , to charcoal mortals for his future use . fire-ship of nature , thou dost doubly wound , for they that graple thee , are burnt and drown'd : gods past and future anger breath in you a deluge and a conflagration too . view yonder sott , i do not mean sh — grilled all o're , by thee , from head to foot , his greasie eye-lids shoar'd above their pitch , his face with carbuncles , and rubies rich , his scull instead of brains supply'd with cinder , his nose turns all his handkerchiefs to tinder ; his stomach don't concoct , but bake his food , his liver even vitrefies his blood ; his trembling hand scarce heaves his liquor in , his nerves all cracle under 's parchment skin ; his guts from natures drudgery are freed , and in his bowels salamanders breed . the moveing glass-house lightens with his eyes , singes his cloaths , and all his marrow frys , glows for a while , and then in ashes dyes . thus like a sham promethius we find , thou stol'st a fire from hell , to kill mankind . but stay , least i the saints dire anger merit , by stinting their auxilliary spirit . i am inform'd , whate're we wicked think , brandy's reform'd , and turn'd a godly drink thou 'st left thy old bad company of vermin , the swearing porters , and the drunken carmen ; and the new drivers of the hackney coaches , and now takst up with fage discreet debauches ; thou freely dropst upon gold chains , and furr , and sots of quality thy minions are . no more shalt thou foment an ale-house brawl , but the more sober riots of guild-hall ; where by the spirits fallible direction , we reprobates once pol'd for an election : if this trade hold , what shall we mortals do , the saints sequester even our vices too . for since the art of whoring's grown precise , and perjury has got demurer eyés , 't is time , high time to circumcise the gill , and not let brandy be philistian still . by the lords and others his majesties commissioners an order for the observance and execution of the statute made for the reliefe and ordering of persons infected with the plague. england and wales. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing e ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : or : ) by the lords and others his majesties commissioners an order for the observance and execution of the statute made for the reliefe and ordering of persons infected with the plague. england and wales. broadside. by leonard lichfield ..., printed at oxford : . this item appears at reel : as wing e (number cancelled), and at reel : as wing e . reproduction of original in the bodleian library. eng plague -- history -- england -- th century. public welfare -- law and legislation -- england -- early works to . great britain -- history -- charles i, - . great britain -- politics and government -- - . a r (wing e ). civilwar no by the lords and others his majesties commissioners an order for the observance and execution of the statute made for the reliefe and orderi england and wales a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - jonathan blaney sampled and proofread - jonathan blaney text and markup reviewed and edited - pfs batch review (qc) and xml conversion by the lords and others his majesties commissioners . an order for the observance and execution of the statute made for the reliefe and ordering of persons infected with the plague . whereas by an act of parliament in the first yeare of the raigne of our late soveraigne lord king iames , severall good and necessary provisions were made and ordayned , touching those that be or shall be infected with the plague : by which act power is given to iustices of peace of counties , majors , bayliffes , head officers , or iustices of peace in cities , boroughs , townes corporate , and places priviledged , and to the vice-chancellour of either of the universities , and to the bishop and deane of every cathedrall church respectively , within their severall and respective precincts and iurisdictions , to taxe and assesse all inhabitants , and all houses of habitation , lands , tenements , and hereditaments , at such reasonable taxes and payments as they shall think fit for the reasonable reliefe of persons infected , & to levye the same of the goods of such as shall refuse or neglect to pay , and in default thereof , to commit them to the goale without bayle or mainprize untill payment ; and also to appoynt searchers , watchmen , examiners , keepers , and buriers , for the persons and places infected , and to minister oathes unto them for the performing of their offices , and to give them other directions as shall seem good unto them in their discretions for the present necessity . and it is thereby farther provided and enacted , that if any person , or persons infected , or being or dwelling in any houses infected , shall be commanded or appoynted to keep his or their house , for avoiding of farther infection , and shall notwithstanding wilfully and contemptuously disobey such direction and appoyntment , offering or attempting to break or goe abroad , and to resist such keepers or watchmen as shall be appoynted to see them kept in : that then it shall be lawfull for such watch-men with violence to inforce them to keep their houses : and if any hurt come thereby , that the keepers , watch-men , and their assistants shall not be impeached therefore . and farther that if any infected persons being commanded to keep house , shall notwithstanding wilfully and contemptuously goe abroad , and converse with company , having any infectious sore about him uncured , such person shall be taken and adjudged as a felon , and suffer death as in case of felony : but if they shall have no sore found about them , neverthelesse for such offence they shall be punished as vagabonds in all respects , and also be bound to his or their good behaviour for one whole yeare , as by the said act may more fully appeare . the lords and others intrusted and authorized by his majesty , by his commission under his great seale of england , for , and concerning , the safety , preservation , and well ordering of this university and city of oxford , and the county of oxford , and other counties and places adjoyning , in his majesties absence , taking into their consideration , that the due observance and execution of the said law , may ( by gods blessing ) be a good means to prevent the farther spreading of this present infection , and that the neglect of the observance of the same law , hath been , and may be , in probability , an occasion of the increase thereof , doe therefore hereby in his majesties name , by vertue of his majesties said commission , straightly charge and require , the vice-chancellor of this university , and the major , justices of peace , bayliffes , and other officers of this city of oxford , and the justices of peace of the county of oxford , and all others whom it may concerne , that with all possible care and diligence , they cause the said law to be duely and effectually put in execution , as well for the help and reliefe , as for the governing and keeping in of infected persons , as they will answer their neglect and remisnesse therein at their perills . and they doe likewise in his majesties name , straitly charge and command all persons whatsoever , as well souldiers as others , upon whom it hath pleased , or shall please god to lay this his visitation , that they submit and yeeld obedience to the said law . letting them know that a strict and severe proceeding shall be had , for punishing of all such as shall wilfully or contemptuously offend against the same to the endangering of others : and that a very strict accompt will be required of all who are or shall be any way concerned in this just and necessary command , tending so much to the health and preservation of this university and city , and all that are resident therein or resort thereunto . dated at oxford this first day of august in the year of our lord god . and in the twentieth year of the raigne of our soveraign lord king charles . yorke . ed. littleton c. s. cottington . hertford . dorset . hen. dover . chichester . chr. hatton . ed. nicholas . ed. hide . io. bankes . arth. ashton . printed at oxford by leonard lichfield printer to the university . . the lawfulnes of obeying the present government and acting under it with some other additions to a former edition / by one that loves all presbyterian lovers of truth and peace and is of their communion. rous, francis, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing r ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing r estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the lawfulnes of obeying the present government and acting under it with some other additions to a former edition / by one that loves all presbyterian lovers of truth and peace and is of their communion. rous, francis, - . [ ], p. printed for john wright, london : . attributed by wing and nuc pre- imprints to francis rous. reproduction of original in the bodleian library. eng great britain -- history -- civil war, - . great britain -- politics and government -- - . a r (wing r ). civilwar no the lavvfulnes of obeying the present government· and acting under it, with some other additions to a former edition. by one that loves all rous, francis f the rate of defects per , words puts this text in the f category of texts with or more defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - john latta sampled and proofread - john latta text and markup reviewed and edited - pfs batch review (qc) and xml conversion the lavvfulnes of obeying the present government . and acting under it , with some other additions to a former edition . by one that loves all presbyterian lovers of truth and peace , and is of their communion . john . . iudge not according to the appeareance , but judge righteous judgement . london : printed for iohn wright , at the kings head in the old-bayley , . the lawfullnesse of obeying the present government . and acting under it a declaration hath beene lately published , wherein the grounds are exprest of setling the present government , with which if any be not so far satisfied as to thinke that setlement lawfull , yet even to such is this discourse directed , which proposeth proofes , that th●ugh the change of a government were beleeved not to be lawfull , yet it may lawfully be obeyed . the apostle intreating of purpose upon the duty of submission and obedience to authority , layes down this precept ; let every soul be subject to the higher powers , for there is no power but of god ; the powers that are , are ordained of god ; and hereupon infers , wherefore ye must needs be subject not only for wrath , but for conscience sake . and that he speakes not in this place meerly of power or authority abstracted from persons , but of persons cloathed with that authority , appeares in that he saith ; for , rulers are not a terrour to good workes . so that he speakes of persons ruling , as well as of the power by which they rule . and againe , he is the minister of god , and they are gods ministers ; & accordingly he directs timothy , to pray for a blessing upon those that are in authority . now if the powers , rulers , and those that were in authority in that time were ordained of god , and were to be obeyed for conscience sake , let us consider how lawfully they came into that power , rule , and authority . this epistle most probably , if not certainly , was written in the time of claudius caesar , or nero , the former of which banished the jews out of rome , upon which occasion aquila and priscilla came out and met with paul at corinth : and by the sentence of the latter , paul having made his appeale to caesar finished his course , and passed unto a crowne of righteousnesse . and now , behold the lawfulnesse by which these two persons came to be invested in their power and authority . of claudius caesar the story tells us this ; after the death of caius caligula , the consuls and senate of rome entred into a consultation , how they might restore the common-wealth to her ancient freedom , which by the caesars had been taken from them . so that the taking in of an emperour , and consequently of claudius for emperour , was directly against the wills and resolution of the consuls and senate ; yet these anciently for many hundred yeares had the chiefe power of government ; but see the way of claudius his coming to the empire ; during the inter-regnum , claudius being frighted with the news of caligula's death , and fearing himselfe might be enquired for upon suspition with-drew , and hid himselfe behind the hangings , or covering of a doore ; where a souldier seeing his feet , and desirous to know what he was drew him forth , and upon knowledge of him saluted him emperour , though even then for feare falling downe low before him . this one souldier brought him forth to his fellow souldiers , who lifted him up as emperour ; and thus while the senate was slow in executing their purposes , and differences grew among them , claudius , who was sent for by the senate to give in his councell concerning the common freedome , undertooke the empire . thus in one souldier at first , and then in more , was the foundation of claudius his emperiall power , against the will , consultations , and endeavours of consuls and senate . and for nero ( his successor ) britannicus , who was nearer of kin to claudius , being his son , was kept in by the cunning of neroes mother , and by the same craft nero being brought forth to the souldiery , was first saluted emperour by them . this sentence of the souldiers was followed with the consent of the senate , and then it was not scrupled in the provinces ; so that the souldiery was also the foundation of neroes empire . thus we see rulers put by souldiers into that power which is said by the scripture to be ordained of god ; and even to these rulers men must be subject for conscience . but passing from the romane state to our owne , sure we are that in this nation many persons have beene setled in supreame power and authority by meere force without title of inheritance , or just conquest . and it hath been observed by some that accurately have looked into our story , that not any three immediately succeeding each other , come to the crowne by true lineall succession and order of blood . neither is there any great difficulty in finding it , untill we come to queene mary , whose title being by an incestuous marriage , these observers say that queene elizabeth should have raigned in her stead ; however , we are cleerly told by story , that five kings on a row ( of which the conqueror was the first ) had no title at all by lineall descent and proximity of blood . the first came in by force ; the second and third had an elder brother living when they came to the crowne ; the fourth raigned when his predecessor had a daughter , and heire living which was mawd the empresse ; the fifth being the son of that empresse , raigned while his mother was alive , by whom his title came . but leaving these , and edward the third who raigned in his fathers life time , and the three henries ; fourth , fifth , and sixt , who raigned upon the lancastrian ( that is a younger brothers ) title , let us more particularly consider henry the seventh ; this henry came in with an army , and by meere power was made king in the army , and by the army ; so that in the very field where he got the victory , the crowne was set upon his head , and there he gave knight-hood to divers ; and upon this foundation of military power , he got himselfe afterwards to be solemnely crowned at westminster . and soone after upon authority thus gotten , he called a parliament , and in that parliament was the crowne entailed upon him and his heires . thus both his crowne and his parliament were founded upon power ; as for any right title , he could have none ; for he came from a bastard of iohn of gaunt , which though legitimated by parliament for common inheritances , yet expressely was excluded from right to the crowne . and for his wives title , that came in after his kingship , and his parliament , which before had setled the crowne upon him and his heirs . and he was so farre from exercising authority in her right , that her name is not used in any lawes as queene maries was , both before and after her marriage with the spanish king . now this and the rest who came in by meere power without title of inheritance , being in their opinion who are now unsatisfied , to be held unlawfull , yet the maine body of this nation did obey them , whilst they ruled , yea doth yield subjection to their lawes to this very day . and the learned in the lawes doe continually plead , judge , justify , and condemne according to these lawes ; so that herein the very voyce of the nation with one consent seemes to speake aloud ; that those whose title is held unlawfull , yet being possest of authority may lawfully be obeyed . and hereunto divines and casuists give their concurrence ; among them one that is resolute both for monarchy and lineall succession , thus expresseth his judgement , both for seeking of right and justice from an usurper ( whom he calleth a tyrant , in regard of an unjust title , not in respect of tyranicall oppression ) and for obeying his commands . first , that subjects may lawfully seek justice of him ; and secondly , that if his commands be lawfull and just , they must be obeyed . and another well esteemed in the reformed churches , is of the same judgement . paraeus saith , that it matters not by what meanes or craft nimrod , jeroboam , got kingdomes to themselves ; for the power is onething which is of god , and the getting and the use of the power is another ; and after : the beginning of nimrods power was , indeed evill , as to the getting and usurping power , because abusing his strength , force , and wealth , he violently subbued others , and compelled them to obey ; but not the power or force wherewith he seemed to be indued by god above others ; and another more plainely . when a question is made whom we should obey ; it must not be lookt at what he is that exerciseth the power , or by what right or wrong he hath ●nvaded the power , or in what manner he doth dispen●● it , but onely if he have power . for if any man doth excell in power , it is now out of doubt , that he received that power of god ; wherefore without all exception thou must yield thy self up to him , and heartily obey him . and the same author againe ; when a question is made to whom obedience should be given : a christian is taught out of the apostle , that he should looke onely to this , who hath the power in that place where he lives . another thus , it often comes to passe , that alians or natives by seditions or force invade the common-wealth . but in any of these cases subjects may not when they list goe about to change the forme of the common-wealth nor dispute seditiously of the right or authority of their ruler , but should singly obey the present magistrates in all things which may be done without wrong to conscience and piety . and another thus , the apostle seemes here to goe about to take away the frivolous curiosity of men , who often use to enquire by what right those which have command did get their authority ; but it ought to be sufficient to us , that they are in preheminence . for they did not get up to his height by their owne strength , but they are set over by the hand of god . yet another , ( and all these chiefe pillars of the reformed churches ) it shall not here be scrupulously disputed by what right or by what wrong princes have gotten their power . this rather is to be done that we reverence the present magistrates . for this epistle was written when the romanes had now gotten the empire of the world , which we know they did possesse by force ; and that afterwards the emperours by policies nothing better drew to themselves an universall power . yet paul doth command that magistrates without all exception must be obeyed . and indeed how can it be otherwise ? for when a person or persons have gotten supreme power , and by the same excluded all other from authority , either that authority which is thus taken by power must be obeyed , or else all authority and government must fall to the ground ; & so confusion ( which is worse then tituler tyranny ) be admitted into a common-wealth ; and ( according to the doctrine of king iames ) the king being for the common-wealth , and not the common-wealth for the king , the end should be destroyed for the meanes , the whole for a part . if a masters mate had throwne the master over board , and by power would suffer no other to guide the ship but himselfe ; if the marriners will not obey him commanding aright for the safe guiding of the ship , the ship must needs perish and themselves with it . so that whereas some speake of ill consequences , if this doctrine be received , they may here see worse consequences if it be not received ; and wise men should see the consequences on all sides , and judge upon the whole . and surely whatsoever ill consequences may appeare upon obeying , they appeare at more distance , but confusion and destruction come in presenty upon disobeying . the common-vvealth is presently put unto ungovernment and confusion by inobedidience ; or into sedition , civill warre , yea destruction , by striving against a prevalent power . therefore as that which hath the lesse ill consequences , not ours only , but generally all nations have given obedience to power ; and both sought and received lawes and government from those , that have overpowred them . but indeed the question is properly here what is lawfull , and not what ill consequences the corruption of man may worke upon that which is lawfull . and as to the lawfulnesse , we have seen before what scripture , divines , reason , and general practice have resolved , and taught . and whereas some speake of a time for settlement , they indeed doe rather speake for a time of unsettlement ; for they will have an unsettlement first , and a setlement after . and whereas like doth produce its like ; yet they would have an unsetlement to beget a setlement . they would have confusion , distraction , destruction to bring forth order and safety . but the former scriptures speake not of the future , but of the present time ; not of obeying those that shall be powers , and shall be in authority ; but the powers that are , and those that are in authority . neither doe the casuists and divines speake of obedience to those that shall be setled but those that are in actuall possession of authority . neither did our ancestors in the former examples defer obedience to the kings that came in by power without title ; but gave it presently , being presently vested and possessed of authority . besides , let it be considered whether that may not be called a settlement , how soone soever it is , when there is such a way setled that men may have justice if they will , and may enjoy that maine end of magistracie , to live a peaceable life in godlinesse and honesty . and indeed when one is in possession by power , and another pretends a title , what can the maine body of a nation which consists of the common-people doe in this case ? they cannot judge of titles ; but they see who doth visibly and actually exercise power and authority . yea even learned men , and states men have beene found ignorant of the former observations , of the not succeeding three in order of blood since the conquest ; and then how should the common people know it ? yet further , even peeres , chiefe cities , parliaments , and all having to one in every three , thus subjected themselves upon termes of power and not of right ; what can be expected but that what hath been done , may or shall be done hereafter ? especially when in this present age obedience is given to the lawes and commands of those princes . but some say that there are oathes that justifie disobedience to the present government . surely oathes are sacred bonds and reverent obligements , and where they doe not themselves leave or make us free , we are not to cut or breake them in pieces ; yet concerning these there are faults on both hands : on the one side the slighting of an oath , ( and such is the comparing it with an almanack ) which is a light aswell as an unproper comparison ; except it were such an oath as was made onely for a yeare ; but we finde some part of the vow and covenant to speake of all the dayes of our lives , which doubtlesse may lye on many of the takers for many years ; true it is that the obligation of some things may end , because they can no longer be kept , as that of the kings person ; for to impossible things there is no obligation : but will any man that understands , and savours religion and piety , say that the clauses which concerne religion and piety are expired ? did we promise to god in our severall places and callings , to extripate profanenesse , heresie , and blasphemy , and to endeavour a reformed life in our selves and ours ; onely till our enemies were overcome , and then to make an end ? what were this but to say unto god , if thou wilt deliver us , we will be bound to thee till we are delivered and no longer ? would this invite god to deliver us from our enemies , or rather to keepe our enemies still in strength against us ? least we being delivered from our enemies should not serve him in righteousnesse and holinesse all our lives . surely this is too like that course of carnall israel , of whom it is written , when he slew them , then they sought him , and they enquired early after god ; but their heart was not right with him , neither were they stedfast in his covenant . much more piously and faithfully a reverend and truly spirituall divine ; a well grounded covenant is a sure , a firme and an irrevocable act. when you have such an all this ( and such you have ) as is here concentred in the text , to lay into , or for the foundation of the covenant ; the superstruction ( is aeternitati sacrum and ) must stand for ever . but on the other side there are other faults ; such are the urging of an oath or covenant against enemies , and not against friends in one and the same action ; and if not altogether so , yet a slight and diminishing charge of it upon one , and a vehement and aggravating charge of it upon the other . another fault may be , a stiffe insisting on one part , and a neglect , or at least silence in another part ; as likewise when by event two parts of it come to be inconsistent , to chuse and inforce the keeping of the lighter or lesse necessary part , and to give way to the losse and not keeping of the greater . there is another , in racking an oath or covenant , to make it speake that which it meant not . and here it were good to consider , whether there be any clause in any oath or covenant , which in a faire and common sence forbids obedience to the commands of the present government and authority , much lesse when no other can be had , and so the common-wealth must goe to ruine . and whether it forbids obedience to the present authority more then to lawes that have beene formerly enacted , by those which came in authority meerely by power ? if it be said that in the oath of allegiance , allegiance is sworne to the king , his heires , and successors , if his heires be not his successors , how doth that oath binde ? either the word successors must be superfluous , or else it must binde to successors as well as to heires ; and if it binds not to a successor , that is not an heire , how can it binde to an heire that is not a successor ? and if you will know the common and usuall sense ( which should be the meaning of an oath ) of the word successors , you need not so much aske of lawyers and learned persons , as of men of ordinary knowledge , and demand of them , who was the successor of william the conqueror , and see whether they will not say william rufus , and who succeeded richard the third , and whether they will not say henry the seventh ? and yet ( as it appeares before ) neither of them was heire . so it seemes in the ordinary acception the word successor is taken for him that actually succeeds in government , and not for him that is actually excluded . and as in language the ordinary acception of a word is to be taken for the meaning , so that meaning is to be understood as most proper to have been taken in an oath . yet withall this quaere may be added ; while the son is in the same posture in which the father was , how comes this oath at this time to stand up and plead for disobedience in regard of the son , that was asleep and silent in regard of the father ? but now let us enter into the question of active obedience , and acting under this present power and government . but first let this be premised , that this present power is in possession of the whole land , and no visible force to oppose or overbeare it , and so it is not like that betweene david and absalom , where david had an army in veiw that might , and did overcome . and next , that a course of justice , or giving right is opened at westminster , and through the whole nation ; and this being the present state of the nation , let us examine whether it be lawfull to act in such a state ? true it is that some hold it wisedome , and some hold it duty , to be quiet , and not to act. but , first , it hath bin proved before that obedience to such a power in good things is lawfull . now if obedience in good things be law full , then acting for justice and order being good things , and commanded , it is lawfull to obey that command . secondly , if all should not act , i think the not actors would fall short of their supposed and intended quietnesse , and the wisedome they placed in it : for by non-acting in the way of justice the whole ( and themselves among the rest ) would lye open to injustice spoyle and destruction , and so be far from quietnesse . and indeed what reason is it , that those that will not act , because they hold it unlawfull , should expect that others should doe an unlawfull act to benefit them ? and why should others give right to them that will not give right to others ? thirdly , it is cleared in this discourse , that those who have gotten to be powers ( though by force ) yet ought to give justice to those whose goverment they have undertaken . and againe , that the people may lawfully demand it . but is it possible that one or a few persons in supreme power can distribute justice to a whole nation without subordinate agents ? so that to say , none may lawfully act under the supreme power in distributing of justice , and government , were to say upon the matter , that he should give no justice , and that the people should have no justice at all . and then how absurd is it to teach that the people may lawfully seeke justice of him , which they cannot receive ? and that he is bound to give justice , but none are allowed by whom he may give it ? fourthly , this doctrine of not acting is the very doctrine of levelling . for when no man may act to give justice , may not every man take freely from his neighbour , what he list , and so levell the rich with the poor ? unlesse this make it unlike , because worse then levelling , that those who have most force , will have most ; yea some all , and others nothing ; and so to avoid acting under a supposed tyrannical government unto justice and order ; there shall be tyrants in every place or parish , who shall act to disorder and oppression , and no property , justice , nor government at all left amongst us . and surely i thinke david out of his love to israel would not have wished such an estate , to israel under absalom , had he the whole in possession , and himselfe no force on foote to recover it ; nor would he have desired such an unsettlement to procure his settlement . and hence ariseth that which they call an interpretative consent of the people ; because it is understood and supposed that every rational man doth consent , that there should be order , property and right given to every member of a common-wealth under a tyrant , rather then all to be under confusion oppression , robberies , & murders . fifthly , how could ezra and nehemiah justifie their acting under the persian monarch , who had no right to the crown of iudah either by blood or just conquest ? yet ezra was authorized by him to set magistrates , fine and imprison and put to death ; and he exerciseth authority , in making the people of israel to sweare , and to enter into a covenant , & in sending forth a proclamation to all the children of the captivity , that they should gather themselves together to jerusalem ; and that whosoever would not come within three dayes , all his substance should be forfeited . nehemiah also acts as governour , and rebuketh the nobles , and rulers , and sets a great assembly against them , because of their usury . he also called the priests and took an oath to performe the promise of leaving that vsury . he acknowledgeth also that he was governour there about twelve yeares , and he gave his brother hanani and hanaiah ruler of the palace charge over jerusalem . so he did both act himselfe , and others acted under him . we finde also that at that time there were rulers of the people that dwelt at jerusalem , and nehemiah contended with the rulers and nobles , made treasurers , commanded the gates●to be shut before the sabbath , threatned to lay hands on the merchants , that lay at the gates , smote certaine of the jewes , and pluckt of their haire , because having married wives of ashdod , their children spake halfe in the language of ashdod . sixthly , let us heare what before these times and before our case was in being hath bin taught in point of acting ; and upon what grounds it hath bin aproved . an author eminently learned and skilfull in the doctrine of lawgiving saith thus : no man may punish or condemn another even with a just punishment , except he have publique power , which a tyrant cannot give . but in this there must be a consideration or subdistinction . for in rigor this is true as to the tyrants part ; yet it so happens that the common-wealth because it cannot resist him , doth tolerate him , and suffers it selfe to be governed by him ; and doth tacitely consent , and will that justice be administred by him , for the reason already touched , because it is a lesse evill to be governed by him , then altogether to want just coaction and direction ; and then it shall not be a sin to obey even in the things aforesaid , because the consent of the common-wealth doth supply the defect of the tyrants power . another thus , that his sentences are valid , is proved . because his sentences , and just commands although they have not force from a tyrannicall power , yet they have it from elsewhere . first , and inchoatively from the law of nature , which such a state of things being supposed , doth dictate that obedience must be given for the common good , otherwise all will be full of thefts and roberies . secondly , and compleately from the common-wealth ; and that either because while that state endures , it gives authority to him by a tacite consent , while it will's that he administer justice , and use his usurped office in a due maner , or rather because it doth tacitely approve his commands , and acts being agreeable to the lawes and common good , and will's that his just sentences , whereby the suites of the people are decided , and the guilty are punished , shall be valid and binde the subjects ; for except they were valid and did binde , no man would obey , but onely in shew but every man would secretly doe the contrary with a great inconvenience to the common-wealth . now the common-wealth may give this force to the sentences , and acts of a tyrant , because it is superiour to all single persons , though it be opprest with tyranny , and may account the just sentence of a tyrant as its owne . thou wilt aske , whether a tyrant doe sinne the sin of murder , and be bound to restitution , if he put to death guilty persons , or deprive them of their goods according to law ? i answer negatively ; because the common-wealth doth tacitely give him authority hereunto , while it doth consent , and desire , that this should be done by him . thus is the authority of acting in this case grounded upon a tacite or implyed consent , which consent is the very dictate of nature or common reason , because it is better to have some justice then none at all , some coercive power and government , then that all be left to disorder , violence , and confusion . i will shut up all with the result of a disputation more full and comprehensive , then most i have met with on this subject . and therein i present to consideration , first , the moment and weight of the authors reasons . secondly , the probability and likely-hood of the clearenesse of his reasons ; bebause they seeme to proceed from a judgement cleare and free from the byas of affection . yea his judgement herein did swim against the streame of his affection ; for he perswades an obedience to the government of a governor that he loved not . and i wish this ingenuity and clearenesse , were at least no lesse amongst us . he wrote in the raigne of queene elizabeth to whom in the language of rome he gives the terme of impious , &c. and takes notice of her as a tyrant , and by sentence of the church turned out of all right to princely authority , yet after some praevious assertions concerning this subject , he comes to a fourth assertion . to a tyrant in facto esse ( or possession ) by tyrannicall usurping a kingdome , or tyrannicall holding it , being by the sentence of the church deposed from it , but yet governing because he cannot be repelled by the subjects , the people are bound in conscience to give obedience , if he command and decree things that are just . having laid down this assertion , he proceeds thus ; as christians dwelling in asia , are bound to obey the just lawes of the turke , and the catholikes in england , the just lawes of that impious queene ; this is thus proved ; the people are bound in conscience to agree unto , and observe those things which are altogether necessary , to their common-wealth , either simply and absolutely , or at least for that state wherein they are . but to obey a tyrant , commanding just things as long as he cannot be repelled , and a lawfull prince obtained , is for that state and time altogether necessary to the common-wealth , for the preservation of it . therefore the people are bound to obey him . the major with the consequences is manifest . the minor is proved : first , because that a tyrant being powerfull in strength , and now peaceably ruling , there would follow an extreame perturbation , and confusion in the common-wealth by not obeying him ; and the people should more hurt their common-wealth by not obeying then the tyrant himself , when he commands just things , by his tyranny . secondly , because to the good government of a common-wealth , especially when things are so desperate and deplorable , it is requisite , as an onely remedy , that there be a judge which should compose strifes and controversies among the people , and to whom all then should give obedience ; otherwise men in such a time could not live civilly , nor be secure in their houses ; a lodger could not be safe from him , with whom he lodgeth , nor a neighbour from his neighbour : but at such a time no other judge may be had that may performe this but the tyrant . therefore when he commands just things , the people are bound not onely outwardly , but even in conscience to obey him . thirdly , when a tyrant doth now peacebly govern and cannot be repelled , it would be a great scandall and perturbation to the common-wealth not to obey him . and it is thus proved ; in the common opinion of doctors there is this difference betweene an expresse consent of the common-wealth and an interpretative , that an expresse consent is required to choose a person , and make him a true prince ; but that subjects be bound to obey , even one that is not a true prince , an interpretative consent is sufficient , because the publique good of their common-wealth doth require it . for rationally and prudently people are judged to consent to those things that are necessary for their common-wealth ; but in this case ( as it is plaine ) it is most expedient for the peace and good of the common-wealth that people should obey such a tyrant . therefore at le●st by an interpretative consent they are bound in conscience to performe and obey his just and honest commands . all these things are confirmed ; first , out of the sacred scriptures , out of which and histories it is manifest that the romans by tyranny did possesse iudea in that very time wherein christ and john baptist did preach ; but neither christ nor john nor the apostles did teach that the people should not obey them , but the contrary . christ , matthew . did teach that triubte was to be given to caesar , yea himself did give it . neither did he say , that he was free , because obedience should not be given to one that tyrannically reigned , but because he was the son of god , and of david . iohn baptist , luk. , when the souldiers ( which no doubt were the souldiers of the romanes ) did aske of him what they should doe , he did not command them to quit their souldiery as servants of a prince that was a tyrant , but this onely that they should doe violence to no man a●d be content with their wages . wherein he did rather perswade them to continue in the service of caesar . moreover , christ said unto pilate who had no authority but from caesar , thou shouldst have no power of me , &c. and pet. . be ye subject either to the king as supreame , or unto governors as those that are sent by him . now there was no king then but caesar , nor any governor but such as was appointed by him . lastly , to an argument objecting that the judgement of a tyrant is of his part usurped and void because his authority is usurped he saith : that nevertheles on the peoples part they ought in conscience to obey him , if his sentence were iust and his iudgement lawfull , because the people are bound to chuse a lesse temporall evill to avoid a greater . by the lesse evill which is obeying him , they avoid the perturbation of the common-wealth , which would be a much greater evill ▪ and againe , because his judgements may in some reason be called the judgements of a true judge inasmuch as he is tollerated of the common-wealth by an interpretative consent , which is sufficient that the people are bound to obey him in conscience , whence also it doth follow that not onely the people ought to obey him in conscience , but that the tyrant himselfe which giveth such judgements doth not sin , yea rather he should sin if he did not give them , as long as he retaineth the office of a prince , though he be bou●d in conscience to leave his principality , or endeavor by honest meanes , that by the common-wealth he may be chosen for their prince . a taking leave of this subject . i have ( i confesse ) in this subject gone out of the ordinary path of my employments in meditation and writing , but i did it occasionally out of zeale to peace ; and that which i beleeve to be truth ; being very sorry to see well meaning and ( i hope ) pious persons , by not obeying , swiftly and resolutely to goe out of the way of peace , and ( as i suppose ) of truth ; at least it seemed to me a sad thing that those who had not searched the grounds of that which they held to be truth , yet did certainely endanger the losse of peace for that which they had not searched , and by searching found certainely to be truth . yet i wonder not much if truth in this point be not commonly knowne in this nation , since amongst the protestants in this nation for these last fourescore years there hath been little debate of it . but having gathered the substance and summe of those grounds which in my judgement make out this truth , that it is lawfull to obey the present government , and having shewed that this truth hath beene anciently held and is not newly invented to serve present turnes , and that either it may be beleeved , or at least not condemned , unheard and unknowne , i shall now desire leave to retire and return to my more proper worke , whereof i have so much in my hands that i cannot well expect a life now come farre into the yeare accounted to be the terme of life should have time to dispatch . if the grounds proposed be sound ( as we have seene them thought so by men of great judgement ) i hope they will stand against all waves and winds , and they will finde patrons who have both strength of body and minde to maintaine them ; if they be proved unsound , i would not mainetaine them if i could . finis . notes, typically marginal, from the original text notes for div a e- rom. . potestatis nomine , intelligo magistratum , qui est cum porestate & autoritate ; maluit ●amen apostolus ipsam potestatem nominare quàm hominem , &c. r●lloc . in locum . tim. ● . ● . acts. . . . timore cadis exterritus prorepsit ad solari●m pr●ximum , interque praetenta foribus vela se abdidit ; la●entem , discurrens sorte gregarius miles ●im●dversis pedibus , èstudio sciscitandi quisnam esset , agnovit , extractumque & prae metu ad gen●a sibi accidentem imperatorem saluta . vit. hinc ad alios commilitones fl●ctuantes , nec quic quam ad huc quàm frementes perduxit . ab his lecticae impositus , & quia servi diffugerant , vicissim succollantibus , in castra delatus est . tristis ac trepidus miserante obvia turba , quasi ad paenam raperetur insons . receptus intrae vallum inter excubias militum pernoctavit , aliquanto minore spe quàm fiducia . nam consule cum senatu , & cohorribus urbanis forum capitoliumque occuparunt , asser●uri comunem liber●atem , accitusque & ipse per tribunum plebis in curiam ad suadenda quae viderenter , vi se & necessitate teneri respondit . verum postero die senatu segniore in exequendis c●natibus per taedium ac dissentionem diversa censentium & multitudine quae circumstabat , unum rectorem jam & nominatim exposcente , a●matus proconciene jurare in nomen suum passus est , promisitque singulis q●i●adena h. s. primus caesarum fi●em militis , etiam premio pigneratus . sueton in claudio . agrippina velut dolore victa , & solatia conquirens , tenere amplexu britannicum , veram paterni o●is effigiem appellare , &c. & antoniam quoque & octaviam atti●uit , & cunctos aditus cust●diis clouserat , crebroque vulgaba● ire in melius valetu dinem principis , quò miles bo●a in spe●●ge●et , tem usque prosperum ex monitis chaldaeorum attentaret . tunc medio die● , tertio ante idus octobr. foribus pala●ii repente diductis , comitante burrho nero egreditur ad cohortem , quae more mili●i● excubiis adest , ubi monente praefecto , festis vocibu● exceptus , inditur lecticae . dubitavisse quosdam ferunt resp●ctantes rogitanesque ubi britannicus esset ? mox●nullo in diversum auctore , quae offerrebantur secuti sunt . illatusquecastris nero , & congruen●ia tempori praefatus , promisso donativo ad● exemplum paternae largitionis impe●ator consalu●atur . sententiam militum ecuta patrum cousul●a , nec dubita●um est apud provi●cias . tacit. annal. lib. . see speed in h. . n. . & seq. dicendum est , licitè subditos ab eo ( qui●y rannus jure & titulo est ) jus pe●ere , quià quamvis jus & titulum non habeat , respublica tamen tacitè consemit in hoc ut civibus ipsi tyranno , facto , non jure subditis , jus dicat , a●si esset competens j●dex & ●legitimus superior . item , si mandat● tyranni sint aequa , & justa , parendum est . azor. inst. mor. par. . lib. . cap. . non peceat subditus tyranni , qui dominium & jurisdictionem alicujus di●ionis usurpavit , petendo ab eo justitiae administrationem , &c. si quidem dat operem ut qui pe●●at jurisdictionem usurpando , non peccet etiam justitiae administrationem praetermittendo ; ex navarri manual . cap. ● . n. . si mandata principis , alioqui tyanni , sint aequa & justa , parendum est . alsted . theol. cas. cap. . civilem & ●erilem expresso verbo sanxit . gen. . qui sanguiuem hominis fuderit , ejus sanguis etiam fundetur a● homine . non u●ique à quovis ; prohibuit enim , non occides : sed à magistratu divin●●us ordinato . nec refert quibus modis vel ar●ibus nimrod , ierob●am , ou● alii regna sibi paraverint . nam aliud est po●estas quae à deo est ; aliud acquisitio et usus potestatis . p●rae . in rom. . potestatis nimrodi initium fuit quidem malum , &c. quum igitur quaeritur cui parendum , non est spectandum qualis sit qui potestatem exercet , nec quo jare vel in injuriâ , quis potestatem in vaso●it , quave ratione eam administret , sed tantum si potestatem habeat . si enim quis potestate ●lle● , ●am in dubitatum est illum adeo cam potestatem accepisse , unde si●e omni exce●tio ne illite permi●●as opertet & pareas exanimo . bucer in rom. . ex apostolo estensum christian●cum quaeritur cui parendum , in hoc unum respiciend●m esse , quisnam ibi , u●bi ipse agit , potestatem habeat . id . ibid. fit frequenter ut , vel alieni vel in●igene , 〈◊〉 seditiones aut vi operta remp invadant . at quicquid horum sit , non est sub ditorum vel reip. forman mutare velle pro suo arbitrio , vel de sui principis jure seditiosius distu●a● , sed simpliciter praesentibus magistratibus obe●ire debeut in omnibus quae illaesa con●cien●i● , & salvâ pietate fieri possant , gaulter in rom. . vide●ur apostolus voluisse tollere frivol●m hominum curiositatem , qui saepe solent inquirere , quo jure adepti fuerint potestatem , qui rerum potinatur . satis qutem nobis esse debit quod praesum . non enim cons●enderunt sua ipsi virtute ad hoc fa●●igium sed monu domi●i sunt impositi . calvin in ro. . nihil hic auxie dispu●andum est quo jure , quive injuriâ principes adepti sint potestatem suam illud potius agendum est , ut magistatus praesentes revereamur , haec enim epistola scribebatur , cum romani jam adepti●ssen● imperium ocbis terrarum , quod eos per vim scimus occupasse , & posteà imperatores a●●ib●s ●ihilo melio●ibus rerum summam ad se pertraxisse . paulus tamen sine omni exceptione praecipit obedie d●m esse magistratibus . pet. martyr in rom. . ad pauca respicien●es è facili judicant . attestatur hoc esse lici●um c●●n unis usus omnium qui sub tyrannis & dubjis dominus degunt dum absque conscientiae scrupulo passim omnes ad ●yrannos & dubios dominos recurrunt , acsi essent domini . caje● . sum. verbo tyrannus . what right had william surnamed the conqueror ? what right ( we speake of a right of equity ) had his son william the second , and henry the first , while their elder brother lived , &c. parliaments as kingdomes , give their voice with power ; & he who hath the force doth commonly carryed the effect of right speed in h. . the king ( h . ) made speed to london as to the chiefe seate and epitome of the english monarchy , &c. the mayor of london and his fellowship received him in violet at ho●nesey parke ; but his entrance ( which was at shordi●ch ) was honoured with a very great troope of the peeres and nobles in his trayne , &c. the whole house of parliament concurring finally in establishing by a solemne act , the crowne upon him and his heires for ever . id. in h. . regula juris . impossibilium ●ullaest oblgatio psal. . . mr. carill in his sermon upon nehe. . concerning the covenant . octob. . quando res illa quam quis jurame●●o confirmavit , est nimis ardua ; aut quando quis qui juravit , ex mutatione virium vel for●●ae effectu● est parum a●●us ad id exequendum ; aut deniq , quando res juramen●o confirmata est juranti impedime●o , n● bono publico consulat , tunc est legitima caus● dispensandi in jur●mento . sayr . lib. ● . c. . n. . si id quod jura mus primò fueri●li ci●um , poste● causis aliis intervenientibus illicitum ●i at , aut etiam impossibile , tum nullo modo conscientiam obligat . alsted . cap : . n. . iusjurandum in foro conscientiae semper est interpretandum juxta mentem jurantis ; at inforo exteriori seu ju diciali semper est judicandum secundum communem sensum , quem ipsa verba reddunt , & secundum communem hominum usum . alsted . cap. n. . and one who hath lately written for infant baptisme , according to our saviours rule of salt , and peace , with sharp reasons and milde language , hath these words . if one of our late kings sons should be crowned king of scotland or ireland onely , he could not be said to succeed the king of england ; because the subject of his government in regard of latitude , is changed , and he comes not in his fathers roome as king of england . mr. drew . page . . see master aschams discourse ( that hath in it both judgement and learning ) concerning possession , part . . chap. . & sequ. & part . ch. . pa. . ezra . . ezra . , . neh. . ● . &c. neh. . . neh. . nullus potest exequi vel condemnare alium etiam in poena justa , nisi habe at publicam potestatem quam tyrannus dare non potest . sed in hoc etiam advertendum seu subdis●in guendum est . nam hoc in rigore verum est , quantum ex parte tyranni ; contingit autem ut resp. quia non potest illi resistere , toleret illum & ab eo se gubernari sinat , & tacitè consentiat , ac veli● justitiam per ipsum administrari propter rationem tactam , quia minus malum est per illum gubernari , quàm omnino carere justa coactione , & directio e , & ●u●c non erit peccatum obedire etiam in dictis rebus , quia reip. consensus supplet defectum , potestatis tyranni . suarez . de leg. lib. . cap. . sententias ejus esse validas probatur . quia ejus sententiae & justa mandata et si non habent vim à tyrannica potestate , habent tamen aliunde primò & inchoative à jure naturali , quod supposito tali rerum statu , dictat esse obtemperandum propter bonum commune ; alioqui omnia essent plena furtis e● latro●i●ijs . secu●● & completè à republica , idque vel quia durante illo statu , tacito quodam consensu dai ei authoritatem , dum vult ut ille justitiam administret , & officio usurpato debito medo fungatur , vel potius quia tacite approbat ejus mandata , & acta , legibus & utilitati communi consentanea , & vul● sententias justas quibus lites civium dirimuntur , & sontes plectantur , esse valida● , & subditos obligare nisi enim validae essent & obligarent , nemo nisi in speciem ob●emperaret sed quisque occulte faceret contrarium , cum magno reipublicae incommodo potest autem republica hanc vim sententiis & actis tyranni dare , quia est singulorum superior , etiamsi tyrannide sit oppressa , & justas tyranni sententias pro suis habere . petes , utrum tyrannus peccet peccato homicidii , & teneatur ad restitutionem , si s●ntes secundum ordinem juris interficiat aut bonis spolier ? respondeo , negamus ; quia respublica tacitè ad hoc tribuit illi authoritatem dum consentit & cupi● ut hoc faciat . le●●ius de justitia & jure , lib. . cap. . dubitat . . quarta assertio . tyrann● in facto esse , sive quia tyrannicè regnum usurpavit , sive quia tyranniceillud reti●et , quo jam per sententiam ecclesiae expoliatus est , regnat autem quia à subditis non potest repelli , tenentur cives in foro animae si justa pr●cipiat & judicet , ●bedire . vt christiani degen●es asiae tenentur justis turcae , & catholici agentes angliae , legibus justis illius impiae reginae obedire : probatur . tenentur cives in conscientia consentire & servare ea quae sunt omnino necessaria suae reip. vel simpliciter & absolute , vel saltem pro tali statu : sed obedire tyranno justa praecipienti quandiu repelli non potest , & haberi legitimus princeps , est pro tali statu & tempore omnino necessarium rei● ▪ ad ejus conservationem . ergò tenentur cives illi obedire . maior cum consequentia aper●a est ▪ minor probaiur . primò quia cum tyrannus ille sit poten● viribus , & jam pacificè dominetur , sequeretur maxima perturbatio , & confusio in republicâ non obediendo illi , & plus no●erent cives suae reip. non obediendo quam ipsemet tyrannus cum justa praecipiat , sua tyrannide . secundò , quia ad bonam reip. gubernationem maxime in rebus tam desperatis & deploratis , expedit tanquam unicum remedium ut sit aliquis iudex qui componat lites & controversias inter cives , & cui ●uno omnes obediant aliter non possent homines tunc civiliter vivere , nec securi esse in domibus suis , non esset hospes , ab hospite tutus , n●e vicinus a vicino ; at tunc n●● potest haberi alius judex qui i● praeste● nisi ille tyrannus . ergo cum justa praecipiat , non solum exterius , verum etiam in conscientia tenentur , cives obedire illi . tertio quando tyrannus jam pacifice gubernat nec potest repel●● esset grave sca●dalum , & perturba●io rep. illi non obedire . et confirm . hoc interest ex communi sententia d. d. inter consensum exp essum riep , et interpretativum , quod expressus requiritur ut quis eligatur & instituatur ve●us princeps , at ut subditi 〈◊〉 ●antur obedi re etiam non vero principi , sufficit interpretativus , quandoita exigit b●num commune suae rep. quia rationaliter ▪ & prudenter judicantur cives consentire in necessaria suae reip. sed. in hoc casu ( u●constat ) maxime expedit ad 〈◊〉 & bonum reip. cives tali tyranno obedire : ergo per 〈◊〉 sa●●m interpretativum 〈◊〉 in conscientia justis & honestis praecepis illius stare & 〈◊〉 con●●rman●●r haec omnia prim● ex sacrascrip tura , ex qua & historiis constat romanos per tyrannidem occupasse iudaeam eo tempore quo christus , & ● iohannes baptista praedicabant ; at neque christus , neque iohannes neque , apostoli docuerunt , ne illis obedirent , imò ipse & reddidit , nec asseruit se liberiū , quia non esset obediendum tyrannice imperanti ; sed quia erat filius dei & davidis . joan bap. luc. . militibus quaerentibus ab ips● ( quos dubium non est quin essent milites romanorum ) quid facerent non praecepit ut militiam desererent quasi ministri principis tyranni , sed hoc tantum [ ut neminen concuterent , & contenti essent stipendijs suis ] ubi potius suasit stare in mili●ia caesa●is . pilato etiam qui nullam authoritatem habebat nisi a caesare , dixit christus [ non haberes in me potestatem , &c. ] et. . pet. . [ subjecti estote sive regi tamquā praeexcellenti , sive ducibus tanquam ab eo missis● ] nullus autem rex tunc erat nisi caesar , neque ullus dux nisi constitutus ab eo . ad argumen●um in appositum dico judicium tyranni ex parte judicantis esse reverà usurpatum , & sententiame jus nullam , quia proxim● causa talis judicij & sententiae , nempe authoritas ejus est reverà usurpata & nulla , ex parte veriò civium esse illi obedi●ndum in conscientia tanquam justae sententiae , & legitimo judicio , quia tenentur cives eligere minus malum temporale , ad vi●andum majus , & per minus malum , quod est obedire illi , vitant perturbationem suae rep. quae esset multo majus mal●m . tum enim quia judicia hujus possunt quadam ratione dici judicia veri judicis , qua●enus tolerantur a rep. per consensum interpretavum , qui suffcit ut tenantur cives obedire illi in conscientiá . ex quo etiam sequitur , non modo ●ives debere il●i in conscienti● obedire , ve●um etiam tyrannum ferentem tales sententias non peccare , quini●o peccaret nisi i●tas f●rret , quandu mu●us principis retinet , quamvis teneatur in conscientià principatum relinquere , aut eni●i medijs honestis ut a rep. in suum principem eligatur . michael salon de justitia . 〈◊〉 jure . quaest. art. . an act for continuation of the act for removing all papists, and all officers and soldiers of fortune and divers other delinquents from london and westminster, and confining them within five miles of their dwellings. england and wales. parliament. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) an act for continuation of the act for removing all papists, and all officers and soldiers of fortune and divers other delinquents from london and westminster, and confining them within five miles of their dwellings. england and wales. parliament. sheet ([ ] p.) printed by john field, printer to the parliament of england, london : [i.e. ] order to print dated: die mercurii, martii . signed: hen: scobell, cleric. parliamenti. with parliamentary seal at head of text. reproduction of the original in the british library. eng catholics -- england -- legal status, laws, etc. -- early works to . mercenary troops -- england -- legal status, laws, etc. -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no an act for continuation of the act for removing all papists, and all officers and soldiers of fortune and divers other delinquents from lond england and wales. parliament. a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion an act for continuation of the act for removing all papists , and all officers and soldiers of fortune and divers other delinquents from london and westminster , and confining them within five miles of their dwellings . blazon or coat of arms be it enacted by this present parliament , and the authority thereof , that one act of this present parliament , entituled , an act for removing all papists , and all officers and soldiers of fortune , and divers other delinquents , from london and westminster , and confining them within five miles of their dwellings , and for encouragement of such as shall discover priests and jesuits , their receivers and abbettors ; and all and every the clauses , penalties , powers and authorities thereby setled and appointed , and therein contained , be , and hereby are continued and stand in force from the twentieth day of march , one thousand six hundred and fifty , until the first day of november , one thousand six hundred fifty and one , and no longer . and be it further enacted by the authority aforesaid , that the commissioners of the high court of iustice , established by authority of this present parliament by one or more acts of parliament now in force , have power , and are hereby authorized to proceed against any person or persons for the several offences mentioned in the act hereby continued , according to the several and respective penalties therein expressed . die mercurii , martii , . ordered by the parliament , that this act be forthwith printed and published . hen : scobell , cleric . parliamenti . london , printed by john field , printer to the parliament of england , . friday of july, . resolved by the parliament, that the members of parliament, who have had letters to attend the service of the parliament ... england and wales. parliament. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing e a). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e a estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) friday of july, . resolved by the parliament, that the members of parliament, who have had letters to attend the service of the parliament ... england and wales. parliament. sheet ([ ] p.). printed by john field, printer to the parliament. and are to be sold at the seven stars in fleetstreet, over against dunstans church, london, : . title from caption and first words of text. imperfect: creased with some loss of print. reproduction of original in the henry e. huntington library. eng england and wales. -- parliament. great britain -- politics and government -- - . broadsides -- england -- th century. a r (wing e a). civilwar no friday of july, . resolved by the parliament, that the members of parliament, who have had letters to attend the service of the parli england and wales. parliament d the rate of defects per , words puts this text in the d category of texts with between and defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion blazon or coat of arms incorporating the commonwealth flag ( - ) friday of july , . resolved by the parliament , that the members of parliament , who have had letters to attend the service of the parliament , or have actually attended since the seventh of may , one thousand six hundred fifty nine , be hereby enjoyned to give their attendance in parliament every morning at eight of the clock , for fourteen days . resolved by the parliament ▪ that the members of parliament , who have had letters to attend the service of the parliament , or have actually attended since the seventh of may , one thousand six hundred fifty nine , as are absent , ( except such as are imployed upon special service by order of the parliament ) be hereby enjoyned to attend this house on , or before this day fortnight . ordered by the parliament , that these votes be forthwith printed and published . tho. st nicholas clerk of the parliament . london , printed by john field , printer to the parliament . and are to be sold at the seven stars in fleetstreet , over against dunstans church , . l'estrange his appeal humbly submitted to the kings most excellent majesty and the three estates assembled in parliament appeal humbly submitted to the kings most excellent majesty and the three estates assembled in parliament l'estrange, roger, sir, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing l estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) l'estrange his appeal humbly submitted to the kings most excellent majesty and the three estates assembled in parliament appeal humbly submitted to the kings most excellent majesty and the three estates assembled in parliament l'estrange, roger, sir, - . [ ], p. printed for henry brome ..., london : . reproduction of original in cambridge university library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng great britain -- politics and government -- - . - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - olivia bottum sampled and proofread - olivia bottum text and markup reviewed and edited - pfs batch review (qc) and xml conversion l'estrange his appeal humbly submitted to the kings most excellent majesty and the three estates assembled in parliament . london , printed for henry brome at the gun in s. pauls church-yard , . l'estrange's appeal . &c. if the matter here in question had been the single case of l'estrange , nothing could have been more ridiculous , then the vanity , and ostentation of this appeal : but as his case stands complicate with other circumstances , that import no lesse then the honour , the iustice and the very security of the government ; the business of these papers is no longer a private apology , but a publick duty . this will be better understood , upon a clear distribution of what i have to say into such and such heads ; and then debating , expounding , and distinguishing ( in an orderly method , ) upon the several members of my discourse . the first point shall be the subject matter of those swarms of libells that in their outrageous course , have taken me in their way toward the king and the church . secondly , to vindicate , and discharge my self from those calumnies . thirdly ; to lay open the quality of the libellers : and the true reason of their rancour against me , in despite of all pretensions to the contrary . fourthly ; to set forth their designs , and practices upon the dignity , and safety of the government , and upon the publick peace . and lastly ▪ a modest deliberation how far in honour , justice and policy , it may concern any prince or state whatsoever to support , countenance , and protect the asserters of their laws , rights and priviledges , against the bold , and seditious attempts of the enemies of the constitution . of these in order , and as briefly as i may . touching the first point : the libellers have drawn the main of my charge into these six articles . . that i have turn'd the plot into ridicule ; and put an affront upon king , lords , and commons in so doing . . that i have countenanc'd a sham-plot ; ; and endeavour'd to turn it upon the presbyterians . . that i have made it my businesse to lessen the credit of the kings witnesses . . that i have comprehended all the states , orders , and divisions of men , both lords , citizens , and commons of england , under the opprobrious names of citt , and bumpkin . . that i have scandalously misrepresented all the late petitions , and the promoters of them . . that my writings create misunderstandings , and tend to the embroyling of the kingdome . now to discharge my self of these odious and malicious imputations , in course as they lye ; i shall speak , first , to the ridiculing of the plot , in contempt of the authority of the nation ; and refer my self to the undenyable evidences of my own papers : beginning with my particular opinion of it , as i have deliver'd it to the world. §. . my opinion of the quality of the plot. the bringing of this devilish plot , upon the stage , has struck all men of piety , and loyalty , and love to their country , with amazement and horrour . the murther of a prince ; the subversion of the government , and religion ; what can be more execrable ? the thought of so diabolical a practice has justly transported the people to the highest degree of rage against it imaginable ; and it is a meritorious and a laudable zeal too , so long as it contains it self within the bounds of law , and duty ; while the king , councell , and parliament , are in the mean time sifting and examining the design ; and doing justice upon the offenders . case put , pag. . after all this care taken to tear up the accursed plot by the root . further discovery pa. . as to the hellish design upon the life of our gracious sovereign , by pistol , sword , or poysou . ibid. pag. . and again [ this detestable plot now in agitation ] hist. of the plot , preface . let this serve as to my opinion of the quality of the plot. a word now to the believing of it . touching my belief of it . as to the popish plot , that is sworn by the kings witnesses , i lay my faith at their feet , without any further enquiry , or dispute . narrative . pag. . under colour of asserting and making out the truth of the plot , ( which no sober man doubts of ) &c. answer to the appeal . pag. . all our courts of justice , and journals of state bear witnesse to it . ( the popish plot. ) narrative , pa. . whoever carefully peruses their writings , and depositions ; compares their testimonies , ( that is , the kings witnesses , ) and yet doubts of the plot ; is little better certainly then seal'd up under the spirit of blindnesse and delusion . ibid. pag. . the question is not the certainty of one plot , but the superfaetation of another . ans. to the appeal . pag. . and further , it is no clearing the papists of one plot upon the kings life , the charging of the presbyterians with another . ibid. pag. . there are a sort of men that , under countenance of this plot , advance another of their own. and if a man writes , or speaks , or reasons against them , he is presently a favourer of the papists , a lessener of the plot , and run down with nonsense , and clamour . case put. pag. . my turning it into ridicule . [ for my own part i am so far from laughing at it ( the plot ) that it wounds my soul , the very thought on 't . ] reformed catholique , pa. . . nor have i been lesse punctual in my acknowledgments of the iustice of all proceedings upon 't , and in my submissions to the sentences that have been pass'd in the case . all proceedings upon the plot , iustified . after so many priests and jesuits and other leading men of that party removed by the stroke of publick justice . &c. further discovery . pag. . we have had legal tryalls , proofs , verdicts , sentences , and legall executions in the case . ans. to the appeal . pag. . his majesty hath two main difficulties to encounter at once ; the one to master the plot it self ; the other , to temper and sweeten the passions of men , zealous in the contrary extreme ; that no inconvenience may arise from their misapprehension of things another way . free-born subject . pag. . and again . [ the depositions have been formally taken before his majesty , and his privy councell ; and the evidences strictly weigh'd , and examin'd ; and from thence afterwards heartily recommended , and faithfully transmitted to the two houses of parliament . ibid. pag. . be it always understood that where authority hath passed a sentence , there is no longer any place for hesitation or demur . further discovery , pag. . §. . the shamming of the plot. now as to the shamming of the plot , and casting it upon the presbyterians , the learned authour of the gyants war , and of several other course complements upon his majesty ; ( they say he puts in for a patrimonial right to a place upon one of the city gates , ) this learned authour ( i say ) has been pleased to glosse upon my text , as if i represented [ the plot only as a blind to enrage people ; and that there was a reall design to destroy the hierarchy , and all the sons of the church , by the name of papists in masquerade , and get all the places of profit to themselves ] now for my suggesting the popish plot to be only a blind to enrage people ; i defy the world , either to shew that i have misrecited my self in what i have already deliver'd ; or to produce any one passage out of all my writings , that , without extreme violence , will in any degree countenance such a construction . but still , as i am innocent of rendering that to be only a blind , which king , lords , and commons have pronounced to be a damnable and hellish plot ; so am i thoroughly convinc'd , on the other hand , that there are several sham-plots contriv'd , and started , where there was no colour or pretense for a man to imagine that there was any plot at all : and that great use is made of these inventions , for a blind to the advancing of a fanatical design . and how far that project may reasonably tend toward the destruction of the hierachy , and the sons of the church , under the notion of papists in masquerade ; and the engrossing of all power into their own hands , shall be set forth in its proper place . but how comes l'estrange to be charg'd with turning the popish plot over to the presbyterians , now in . that has been perpetually ringing the same peal in the ears of the government , ever since . that he does at this instant ? and i do not remember any popish plot that was taken notice of in those days . in the epistle dedicatory of my holy cheat to the house of commons , . i have these words ( speaking of the presbyterians ) [ they cast the blood and guilt of the late war upon his majesty ; make his adherents traytors ; place the supreme authority in the two houses ; subject the law to an ordinance ; the government to a faction ; and animate the schismatiques to serve his majesty in being , as they did his father . this is the drift of their seditious libells &c. ] and a little farther , this citation of douglas's coronation-sermon , then newly reprinted . [ this may serve to justify the proceedings of this kingdome against the late king , who in a hostile way set himself to overthrow religion , parliaments , laws , and liberties . pag. . ] what could i say lesse to the insolence of such pamphlets ; or what is it more that i do now upon this subject , that what i did twenty years since ? §. . about disparaging the kings wittnesses . the next calumny layd to my charge , is the discrediting of the kings witnesses ; wherein i once again repayre to my own papers ; which , without a new dictionary , and a new grammar , will abundantly acquit me . for according to common english , and syntaxe , i have rather strain'd a point of modesty upon an excess of respect , then , on the other side , been wanting to it . as for example ; in my further discovery , to dr. oates . they are wonderfull things , dr. which you have done already ; and i am perswaded that you are yet reserved for more wonderfull things to come ; which must be the work of time to disclose ; when truth shall deliver her self from the rubbish of oppression and slander : and in despite of envy , and imposture , render your name as famous to posterity , as your virtue has made it to the present generation . and this i write with little lesse then the genius of a prophet . pag. . these very words from the pen of a servile parasite , would have pass'd for a panegyrick , which in l'estrange must be interpreted for a libell : nay all the force of argument , and intention must be destroy'd , and the very standard of the english tongue alter'd , to do me a good turn . every syllable is put to the torture , to know what moutbs i made upon the writing of it : and if i do but stumble upon a figure , that would be an ornament , perhaps , upon another mans paper , it is a blot upon mine ; and the most innocent of my metaphors , and allusions are melted down into articles , and depositions , without the allowance of so much as one grain for humane frailty . and all this , by the virtue of a kind of inverted alchymy , that instead of the more generous operation of exalting baser mettles into nobler , and turning copper into gold , sets up a new profession of turning gold , into dirt. [ who was it but you , again ; that so effectually layd open the intrigues of the priests and jesuits , with the schismatiques , in the late rebellion ? that shew'd his majesty so plainly who they were that dethron'd and murther'd his father : and painted the whole conspiracy so to the life , that a body might wink and see thorough it ? who but you , sir , to trace them down to this very instant , through all their disguises and caballs , fomenting a rebellion in scotland with the presbyterians ; incendiaries in london with the millenaries ; and up and down tampering with the whole crew of of sectaries ? who was it but you that first found out the conspiracy it self , and then the conspirators ? who but you the eminent instrument in the opening of the combination ? what is all this , but to trace the dr. in the very history of himself ? and to say more to his honour then , perchance , ever any man sayd before me : bating only the person that , first , gave him the title of the saviour of the nation . it cannot be deny'd but that the kings witnesses have ventur'd as far , and done as much as men could do , under their circumstances , to make out the truth of a damnable and hellish popish plot upon the life of his sacred majesty , our religion , and civill government , ib. pa. . it would be endlesse to encounter the malice of every scurrilous buffoon that neither dares own his name to the government , nor to the subject of his outrage and venom : but yet in regard that the whole pack of them fall in with full cry upon two passages in the second and third pages of my further discovery . i shall bestow a word or two more upon those reflections . the words are these . i have naturally a veneration for the government , and all that love it ; for the kings loyall wittnesses ; and the preservers of his sacred life , in the first place : with an equall horror and detestation for all his enemies , under what mask or form soever . i believe the plot ; and as much as every good subject ought to believe ; or as any man in his right wits can believe : nay i do so absolutely believe it , that in my conscience you your self , doctor , do not believe more of it , then i do . pag. . now where 's the disparaging of the kings wittnesses in all this ? i believe the plot ; and as much of it as an honest man ought , or a sober man can believe ; nay as much of it as the dr. himself believes : and would any body have me , now , to believe more ? but the whole world ( say i ) shall never bring me to believe , or to say that i believe that which i neither do , nor can believe ; as the businesse of bedingfields being alive again ; or that i my self am in the conspiracy . suppose my boy should come in , and tell me that it rains butter'd turnips , i should go near to open the window to see whether it be so or no , pag. . shall any man call this now , that is with so much caution , and distinction apply'd to cases that are manifestly false and groundlesse ; shall any man ( i say ) call this an arraigning of the doctors evidence ? or rather how shall any man dare to apply these false and groundlesse storys to the doctors case ? does it follow , because i do not believe a thing that is false , that therefore i do not believe a thing that is true ? . §. . for abusing all sorts of people in my citt and bumpkin . the fourth article runs for comprehending all the states , orders , and divisions of men , both lords , citizens , and commons of england under the opprobrious names of citt and bumpkin . and is not the world much beholden to the authour of this discovery , now , for the resemblance he finds betwixt the lords , citizens , and commons of england , and my cit , and bumpkin ? for it is he alone , out of his own mother wit , that has found it out . and yet he pronounces , in another place , that i make my bumpkin to represent a cunning , projecting , canting knave ; which he , by interpretation makes to be a common representative of the nation . but so far am i now , from confounding men of honour and integrity with rascalls ; that i have set upon these varlets an expresse mark of opposition to the sober and considerable part of the land ; and i have done this too , with all the clearnesse , and contempt imaginable . and you , ( says truman ) are the representative , forsooth , of the city ; and you , of the country : two of the pillars of the nation , with a horse-pox a man would not let down his breeches in a house of office , that had but two such supporters . do not i know you , cit , to be a little grub-street-insect , that but to'ther day scribled handy dandy for some eighteen pence a jobb pro and con ; and glad on 't too ? and now , as it pleases the stars , you are advanc'd from the obort , the miscarriage of a cause-splitter , to a drawer up of articles ; and for your skill in counterfeiting hands , preferr'd to be a sollicitor for fobb'd petitions . you 'l do the bishops business , and you 'l do the dukes businesse ; and who but you to tell the king when he shall make war or peace ; call parliaments ; and whom to commit , and whom to let go ? and then in your fuddle up comes all ; what such a lord told you , and what you told him , and all this pudder against your conscience too , even by your own confession . pag. . and then truman again , pag. . who made you a commissioner for the town , or you for the country ? but we are like to have a fine businesse of it , when the dreggs of the people set up for the representatives of the nation , to the dishonour of the most considerable and sober part of the kingdom . pre'thee , bumpkin , with thy poles and baltiques , how shouldest thou come to understand the ballance of empires ; wbo are delinquents , and who not ; the right of bishops votes ? and you ( forsooth ) are to teach the king when to call a parliament , and when to let it alone . our libellers should do well now to name the lords , citizens , and commoners , that sat for their pictures to the designer of these two figures . but calumny is shamelesse ; they would never else have bespatter'd me for an abuse , wherein i have so many thousands of wittnesses to the contrary . but no better can be expected from the scum of the rabble , whosc blouds run as course as their manners . and then they hit me in the teeth with it , upon all occasions , what rogues i make of the citizens ; and it is not a pin matter to them whether a suggestion be true , or false , provided that the matter of it be but scandalous , and the consequence of it dangerous . where was this zeal , i wonder , for the honour of the lords , citizens , and commons , in the case of the appeal from the country to the city ; where they were all of them made rascalls indeed , and under the very notion too , of the representatives of the kingdom . it strikes in with a one and all , at the very first dash [ most brave and noble citizens — with you we stand , and with you we fall . appeal . pag. . ] this is one of the most virulent libells against his majesty , in his person , authority , and administration ; against the whole body of the clergy , and against all the faithfull friends and subjects of the church and crown , that ever yet was printed : nay it proceeds even to the tacit proposal of a new king. this was no bespattering ( was it ? ) of the nobility , citizens , and commonalty , to represent them all as in so lewd a conspiracy against the establisht government . but our pretended patriots and zealots , are all of them blind on that side ; and there is not so much as one man of them that has ever taken any sort of notice of these daring affronts upon authority , unlesse to countenance the sedition ; but recrimination is no discharge : wherefore i shall remit my self , upon the matter of respect to the citizens of london , to the reply i publisht upon the coming out of that villanous libel . it is a wonderfull thing , the confidence of this audacious pamphlet , in addressing it self to the city , after so fresh , so loyal , and so generous an instance of their scorn , and detestation of any thing that looks like a seditious practice . why should a wat tyler expect better quarter from a lord mayor under charles the second , then he had from a lord mayor under richard the second ? nay , that very rebellion of forty one , is most injuriously charg'd upon the city of london ; for gournay , ricaut , garraway , and the most considerable of the citizens , were not only against it in their opinions , but opposed it to the utmost with their estates and persons . and that honourable saciety has not yet forgotten either the calamities of the war , or the methods and instruments , which brought so great a reproach upon the city . answ. to the appeal , pag. . and again , [ how can the appellant imagine that the most eminent city of christendom for purity of religion , loyalty to their prince , power , good government , wealth , and resolution , should be cajoll'd out of all these blessings and advantages by the jesuitical fanaticism of a dark-lanthorn pamphlet ? ibid. pa. . ] there is a passage in my second citt and bumpkin , pag. . which some of my over-critical adversaries pretend to lay a more then ordinary stresse upon ; and i shall here submit it to any impartial judgment . prethee ( says bumpkin ) let 's leave this noddy ( truman ) a little , and talk of something else . what dost think was the reason that parliaments have been put off so of late ? citt. the very question that i put 'tother day my self ; and 't was answer'd thus , that the nation could not be happy , but in the preservation of the government , as it is establisht by law ; for the tearing of the law to pieces must needs distract the people , when they have no rule to walk by : that a great many worthy persons were disappointed in the elections , by being misrepresented to the people : that by these practises diverse persons were obtruded upon the nation , of remarkable disaffections both to church and state : and that therefore ( i suppose ) they might be put off , to the end that some other distempers might be compos'd , before their meeting . bum. and what return didst thou make him ? citt. i told him he smelt of the court ; and that he had a pope in 's belly ; and so i would have no more to do with him . for the better clearing of this passage , i shall set forth , in the first place , the true occasion , and intent of my two dialogues . upon the reading of a venemous , if not a treasonous libell , call'd , an appeal from the countrey to the city ; i found it to be a direct encouragement to a rebellion ; and yet recommended to the world , as the sense and act of the whole nation . now to vindicate the sober , and loyall part , both of the country , and city from this audacious scandal , i thought i could not do better , then to expose the conspirators under the character of a couple of mean , factious , ignorant , and busy knaves , and under the reproachfull names of citt , and bumpkin ; who are here introduc'd in a discourse upon matters of state , and ironically poynted at in the very margin , for meddling with affairs which they did not understand . passing from one thing to another , what dost think ( says bumpkin ) was the reason , & c ? now this is not a question put in such a manner , as either to require , or to draw on an assertory resolution upon the true reason ; but a question accommodated to the character of the person that asks it : it being the constant practise of those people , upon all prorogations , or dissolutions , to write , and to print their thoughts upon the poynt ; and effectually to call his majesty to an account upon the whole matter . and beside , as it is a question congruous to the humour of the person ; so has it no regard at all to an answer upon the matter of fact. what dost think ? ( says bumpkin ) was the reason &c. the very question ( says citt ) that i put t'other day my self . and then without delivering his own thoughts , he tells what another sayd to him upon the same question . and citt does not lay any stresse upon that answer neither ; but brings in the respondent speaking only upon a bare supposal . by this , and by what follows , it will plainly appear that this intervening clause was only made usc of for connexion-sake , and as a clause of transition , for the carrying on of the character , out of one impertinence into another . for without coming to any conclusion at all upon the poynt , citt betakes himself immediately to the ordinary refuge of the party , of making two or three answers serve to all manner of purposes , and questions . i told him ( says he ) that he smelt of the court , and had a pope in his belly . i make no doubt but this apology will satisfy any man that has not my person in his eye rather then my errors . i remember boccalini's laconique senate , that pass'd so grievous a sentence upon a letterato , for making use of three words when two would have done his businesse ▪ but the question is here , whether or no i have sayd any thing that was ill meant , and not whether that which i have deliver'd might have been spoken better . after this demonstration of the innocent intention , and application of the matter in exception , it may seem superfluous to speak any thing to the sense and wording of it ; and yet i must needs say further that i cannot find any one syllable in this passage , that will so much as bear an ill construction , without forcing it beyond the measures of common charity , and acceptation . for first , the position is true that the preservation of the law is the security , of the government : and secondly , the fact is true ; that several worthy persons were disappointed in their elections by being misrepresented to the people . as in the notorious instance of essex ( and other places ) where so many eminent persons as well of the layity , as of the clergy , were run down by the multitude ; by the names of courtiers , pentioners , papists , baals-priests , iesuitical dumb doggs , the black regiment of hell ; and the like ; to the scandal of christianity as well as of common iustice , and good manners . now if the exception be taken to the expression of obtruding upon the nation some persons of remarkable disaffections &c. here is first , no reflection upon any particulars ; nor is there any more signifi'd by the word obtruded , then what we find verify'd in all elections ; when upon double returns , the house of commons pronounces the person rejected , to have been unduly chosen , and , effectually , obtruded upon the nation . it is again , to be consider'd ; that the tenses was , and have been , have a regard to what is past ; and that the word parliaments , ( in the plural number , cannot be understood of that which is now in being ; which was not neither , at the time when this was written , in the exercise of its power . and moreover , if the stresse be layd upon the word disaffections , i do not see , in propriety of speaking , how that word should arise to a scandal ; having only a respect to a diversity of opinion , without any relation at all to an evill practice , or design : and it amounts to no more then a disinclination ; which imports only a different liking of any thing , upon a different perswasion , of or about it ; and i never yet heard it imputed to any man for a fault , to think otherwise of any thing then another man does , or to frame his inclinations to his opinions : for such a dissent , fairly interpreted , is no other then an insuperable diversity of iudgment ; which is both warrantable , and honest , so far as it keeps it self within compasse , and without breaking forth into contumacy and action : and there is not the least colour given for such a construction , in this place . but still , as there neither is nor can be sayd to be any thing unlawfull in such a disagreement , it were neverthelesse a thing highly to be wish'd , that the several members of all great councells might be previously vnited in the fundamentals of the main subject of their debate . upon the upshot ; disaffected , sounds no more in this place then a non-conformist ; and whosoever scruples the order and the authority of bishops , and doubts of the kings power in ecclesiastical matters and over ecclesiastical persons , is in such manner disaffected to the church , and state , as to answer the literal meaning of this clause , and no otherwise . nor is any man to blame for being of such or such a principle , that lyes under the force of an invincible perswasion , and consequently under the necessity of a suitable inclination . so much for this poynt : the next is , §. . my falling foul upon all the petitioners . the fifth exception is , that i have scandalously misrepresented all the petitioners , and promoters of the late petitions . how far this imputation is true or false , and upon what grounds i support my opinion ; shall be seen in what follows . [ but may not men petition , you will say , and petition for a good thing ? yes ; if the thing be simply good ; the petitioners competent iudges of it ; and every man keep himself to his own post , i see no hurt in 't : but for the multitude to interpose in matters of state , as in the calling or dissolving of parliaments ; regulation of church-government ; or in other like cases of doubtfull and hazzardous event , wherein they have no skill at all , nor any right of intermeddling : why may not twenty thousand plow-jobbers as well subscribe a petition to the lord mayor of london , for the calling of a common councell ? or as many porters and carr-men here in london put in for the better government of the herring-trade in yarmouth ? seasonable memorial . pag. . and then again , let the matter of the petition be never so fair ; if it be a businesse out of the petitioners sphere , and capacity either to meddle in , or to understand ; it is a suspitious way of proceeding . such were the confederate petitions of england and scotland for a parliament in . which were but a prologue to the opening of the subsequent confederacy against the government : when the petitions that follow'd sufficiently expounded the meaning of the former . they petition'd against ecclesiastical courts , ceremonies , scandalous ministers , bishops votes in parliament , and episcopacy it self ; against evill councellors , monopolies , corruptions of state , courts of oppression , and innumerable grievances : and so for the militia : the kings towns , and forts ; till they brought the king to the block . pag. . and after this manner have they proceeded now again . the petition was at first , for the meeting of the parliament ; and then they came to twit the king with his coronation-oath : and then delinquents must be brought to punishment ; and then the parliament was to sit as long as they pleas'd : and at last , every man must be mark'd for a common enemy , that would not subscribe to 't . so that first , they would have the parliament sit ; and then , they would cut them out their work ; and , in fine , it was little other then a petition against those that would not petition . the late kings observations upon the growth of petitions of this kinde are very pertinent . vpon [ the tumultuous confluxes of mean and rude people , who are taught first to petition , then to protect , then to dictate ; at last , to command and over awe the parliament . eik. bas . upon tumvlts ] ▪ and the practices of these people are excellently well set forth by his late majesty also ex. coll. pag. . their seditious preachers , ( says he ) and agents , are by them , and their special and particular directions , sent into the several countys , to infuse fears and iealousies into the minds of our good subjects , with petitions ready drawn by them , for the people to sign , which were yet many times by them changed three or four times before the delivery ; upon accidents , or occasions of either or both houses . and when many of our poor deceived people of our several countyes have come to the city of london , with a petition so fram'd , alter'd , and sign'd , as aforesaid ; that petition hath been suppress'd , and a new one ready drawn hath been put into their hands , after their coming to town , ( inso much as few of the company have known what they petition'd for ) and hath been by them presented to one or both our houses of parliament ; as that of bedfordshire , and buckinghamshire : witnesse those petitions , and amongst the rest that of hertfordshire , which took notice of matters agreed on , or dissented from , the night before the delivery : which was hardly time enough to get so many thousand hands , and to travel to london on that errand . so that i have very good authority here , for apprehending the danger of popular petitions ; and to shew now that i am not at all possess'd against petitions in generall , or against all the petitioners ; truman says , that [ to joyn in a petition for the meeting of a parliament , to bring malefactors to a tryall , or to extirpate popery , is , in the appearance of it , not only lawfull , but commendable : but then it must be promoted by lawfull means , and under decent circumstances . citt and bum. pag. . [ it is a good thing to execute justice , but yet a private man must not invade the judgment-seat , tho' it were to passe even the most righteous sentence , ibid. pa. . and moreover ; truman acknowledges that he finds many honest and considerable men concern'd in these petitions . ] ibid. which is more evidence then needed for the purging of my self from so grosse a slander . i come now to the last article of my charge . §. . my writings ( they say ) create misunderstandings , and tend to the embroyling of the kingdome . it it be so , i have been extremely out in my measures all this while , to be still creating of misunderstandings in the very act of endeavouring , either to rectify , or to prevent them . and to be endangering the peace of the kingdome in the design of preserving it . if to assert the law , aud the government against all opposers ; if to lay open the malice and calumny of so many bold libells against his majesties person , authority , and government ; if to maintain the apostolical order , and the constitutions of the church against schism ; and the powers , and priviledges of the state against all principles of sedition ; if to inculcate reverence , and obedience toward our superiours ; if to recommend the blessings , and duties of vnity , in a due submission to the provisions that are made for the upholding of order , both in church , and state : if the bending of all my thoughts , and applications to these ends , be to create misunderstandings , and breed ill blood in the hearts of his majesties liege people , thus am i guilty of the matter charged upon me in this article , and no otherwise . i shall passe now , in order , from the particulars of my charge to the quality of the libellers , and the true reason of their rancour against me , in despite of all their pretensions to the contrary . as to the quality of the libellers , a man may judge of the meannesse of their souls by the condition of the office : which is the part of the very devill himself ; being only to blacken , and to defame . they have lickt up the vomit of the nation , which they discharge again in their writings , partly upon my self , and the rest upon the government : for i have still the honour to suffer , not only by the same hand and fate , with the king and with the church , but for their very sakes too . in this mercenary crew of beastly libellers , there 's one little creature among the rest , that serves as a common instrument to the faction : and that which they put into his mouth the fore-part of the week , he commonly throws out again upon the government , and all that love it , toward the end on 't . there is not perhaps so insolent a libell permitted upon the face of the earth , where ever christianity , or good manners set footing ; so profane , scurrilous and seditious ; nor has the pretended authour of it any other protection for his crimes , then the obscurity of his person ; for there is no touching of him , without fouling a man's fingers . and yet to let him see now that i am not absolutely a stranger to his history . for several years he never knew what it was to sleep , but in a cellar or in a garret , saving now and then , in his beer , upon a bulk . in the days of his prosperity he was receiv'd into the house , of a boyling cook , where he spung'd out a poor livelyhood upon the fragments of a three penny-ordinary ; but his conversation was yet more reproachful then his quality and fortune . whosoever doubts the truth of this , needs but go into salisbury-court to be better enform'd ▪ is not the world at a fine passe now , when such fellows as this shall come to hold the ballance of empires ? to trample the crown and the miter under their feet ? to charge his majesty himself with a confederacy for the bringing in of the french king and popery ; as i am ready to prove he has done ? to expose the episcopacy , and the papacy under the same notion , promiscuously , to the hatred and contempt of the common people ; to make sport with the very badge of our profession ? ( that tool the crosse , as the buffoon calls it ) to canton out the nobility and gentry into what tribes they please : as fools and knaves ; papists and traytors ; courtiers and pensioners ? the egyptian locusts were nothing to this plague of our english scarabs , that devour , not only the fruit , but the honour of the land , and render the english nation as much as in them lyes , a laughing-stock to all our neighbours round about us . it is not that i am angry with harry care for the delicate back-strokes he gave me in prances last narrative , by his invention for the setting up of a correspondence betwixt mrs. cellier and my self ; a person whose face i never saw in my whole life that i know of , till ( before the couneell ) about a week or ten days after the publishing of that book : 't is true it was as false and as shamelesse a contrivance as possible : but why should i expect better from him when god allmighty has written the signature of what he is , in the very visage of the animal ? now as to the pretended reasons of these wretches rancor against me . first , they say that i began with them . secondly , that i have been pertetually harping upon one and forty , and the rebellion of one and forty ; without any ground , or provocation for either . it must be my part now to shew that i have never put pen to paper yet , but either in my own defence , or in the vindication of the publique . the first reflection i past upon any man , was upon care , for libelling me in the epistle dedicatory to his histiory of the damnable popish plot. i have already layd open the malice , and the sillynesse of that imposture against me , and i have said something like-wise to the venom of that pittifull pamphlet against the government : especially page ; where he borrows no lesse then a whole page of libell , against the king , from a sheet intitled a letter to a friend in the country , which ( 't is sayd ) was the work of a better hand . from this time forward i was ply'd with fresh calumnyes ; which have given me fresh and fresh occasion still of writing to clear my self . as to the other point of pressing the business of one and forty more than needed , i must appeal to the pieces themselves which i have publisht . my reformed catholick was written with a design to unmask the fallacy of imposing upon the people , under the name of dissenting protestants , a kind of contradiction to the protestant religion , which is by law establisht ; and to expound the meaning of several quaeres and proposals , that were then printed , to deter people from chusing men that had either any relation to the king , or kindness for the church , into the next election . i shall refer the reader for further satisfaction in this particular to page . and so from p. . to p. ; where there are several instances of libels printed at that time , that fell little short of downright treason . in my free-born subject , p. . and so forward , there are several instances likewise of the same quality ; my answer to the appeal was more directly upon the subject ; and after that , i wrote a seasonable memorial , expresly to lay open the arts and methods by which the glorious city of london was formerly betrayed to slavery , and faction ; the very same practices being at that time promoted by some particular persons , and attempted over again . my two dialogues of cit and bumpkin were ( as i have said already ) composed for the undeceiving of those credulous people , that had been unhappily misled by the insinuations of that accursed libel , called the appeal . my letter to mr. oate's was founded upon mr. oates's discovery , and only a more vigorous emprovement of his evidence , toward the rooting out of all priests and iesuits out of the land ; by such ways and means as do naturally arise from the reasons of his depositions . and i have done this too , with all due deference and respect to the kings witness●s , as well as to the plot , notwithstanding mr. oate's scandalous and undeserved revilings of me ; which might perhaps have stagger'd some man less considerate than my self , at least in some part of his duty ; especially falling so bitterly withal upon the memory of a person for whose holy ashes i have so great a veneration , laud ( says he ) was a rascal , and a traytor ; and this he said over and over , and without any manner of provocation . without running into any more particulars ; this has been the case of my affair from on end of it to the other . but to come now from the pretended cause of their malice to me , to the cause it self . i have liv'd long enough in the world to understand , in some measure , both men and books ; and that popular passions are mov'd by popular discourses , as the vvaves of the sea are by the power of the vvinds. it is the first office of political pamphlets or treatises , in all cases of design upon any eminent alteration of state , to possess the people with fals notions about the original , the nature and the ends of government ; and so to train them on , from perverse principles , in the matter of rule and subj●ction , to evil thoughts of their superiors and governors ; and from thence , to transport them into undutiful and intemperate practises against the publick peace ▪ we have already felt the effects of this way of proceeding , in the most outragious rebellion , in all circumstances , perhaps , that ever was heard of : and the late king himself imputed it principally to the force of seditions libels . now the same methods being set a foot again , and that invective course of liberty against both the church and the state , proceeding without any check or controll ; i thought my self bound in honour and duty , both as an english man , and as a subject , to use the best means i could , either to stop , or to divert that torrent . upon this i took upon me , ( so much as in me lay ) the defence of the law , and the government against all those erroneous and disloyal positions , that were dayly published , and imposed upon the unskilful and unwary multitude , to the extreme hazard and dishonour of the state. i brought the terms of dominion and obedience to the right standard ; i laid open and rectified all their fallacious distinctions , and the dismal consequences of the peoples swallowing such mistakes . i took off the baits of religion , liberty and reformation in the very sight of the common people ; and laid open the hook that was under them : i shewed them that the whole pretence was no other than a counterfeit ; and that there was no more of religion , liberty or reformation in the bottom of it , then of a living fly in an artificial one ; and that one leap at it was as much as their lives , estates , and their souls were worth . i gave the multitude antidotes against all their pestilent and poysonous infusions ; i resolv'd all their riddles , and from their own actions , and acknowledgments in the like cases , expounded their meanings . in one word , by the blessing of god upon this naked and honest simplicity of dealing , i have found some well-meaning dissenters reclaim'd from their errors , and others that were wavering before , now to be fully fatisfyed and confirm'd . nor can it well be otherwise , in so righteous and reasonable a cause ; where the manifest iustice and evidence of the matter would do its own business , with the help even of a very slender advocate to support it . i have spoken enough to the circumstances of my charge ; but all that story serves only for a blind . and in truth my zeal for the upholding of the government is my unpardonable crime ; the libellers would , otherwise , take notice of the many , and the open scandals , that are cast upon the king , and the church , with an evident design to expose majesty and episcopacy to hatred and scorn ; and shew their affections that way for the life and honour of the king , and for the protestant religion ; and not stand picking of holes in the coat of a person that has so unquestionably dedicated all the faculties of his soul , body , fortune and interests to the service of his prince and country ; and to set spyes upon every action and line in his whole life , to try if they can find but any one poynt , either in his conversation or writings , that might bear a double meaning ; and , at last , to render that very ambiguity ( if it were possible ) no less than capital too . but i thank god my faults of that kind are as hard to be found out , as my accusers virtues . it goes a great way with many moderate nonconformists , and other reasonable persons too , that have not as yet taken any strong impressions , either on the one side , or on the other ; that notwithstanding all the rudenesses of clamor and ill language against me , for the papers i have published , i have not as yet received one single reply to the argument of any thing that ever i wrote , more than the opposing of revilings to my reasons : so that their quarrel to me is purely for interposing betwixt faction and authority . it will be said perhaps , that my papers are not worth the answering . how comes it then that they think it worth the while to bestow so much pains upon my person ? nay and to propound and meditate so many extraordinary ways of animadversion upon l'estrange , as if the foundations of the government were to be removed for my sake , and that an englishman were to be no longer safe under the protection of the law ? but these are only coffee-house-imaginations , and which i am sure , will never receive any countenance or encouragement from the authority and wisdom of a parliament . but since my hand is in upon this subject , there are two points more worth the clearing than all the rest ; as being of greater importance toward the understanding of the present controversie : the one has a respect to the more effectual discovery of priests and iesuits . the other , to the impartial stating and discussing the business of toleration . the former of these i have handled in my further discovery , dedicated to dr. oates , and grounded upon the authority of his evidence : the other i have treated upon more at large , in my toleration discussed , and with a regard to all the circumstances that i could fairly bring within the compass of the question . let the whole world fairly , and by dint of reason , overthrow either the one or the other , and i will yield my self to have been all this while under a great mistake . i know very well that i am charg'd for writing more than my share ; when the true reason of it was , that others wrote less : and in effect , it was more than one man's work to attempt what i have done : but upon a sense that the thing was of absolute necessity for some body to do ; and finding other people more cautious than i thought was either needful or expedient , in so publick a case , i engag'd my self further than my neighbours : and not without the foresight of these outrages which i knew i was to draw upon my self : neither is this the first time that i have sacrificed all other considerations to my duty . some will have it , that i have been set on by the promises and temptations of advantages and reward ; which is an imagination so far from the truth of this matter , that all things considered ( saving my veneration and humble acknowledgments to his majesty , who hath been very gracious to me ) i do positively averr , that the king has not a subject in his three kingdoms , that has suffered harder measure , and more contrary to law and iustice , than i my self have done ; and all this , without the ballance of any other recompence than a little court-holy-water and fair words . besides that in the worst of times , i did the same thing through all difficulties and hazards . having already in general terms reflected upon scandalous and dangerous libels , as the occasion of my writings ; i shall now take a taste of the condition and tendency of those libels , and lay open as briefly as i can , their designs and practices upon the dignity and safety of the government , and the publick peace . there needs no more to the proving of a design , than such an explication of a lewd practice , as carries with it a necessary congruity and tendency to such or such a determinate and evil end : and the publishing of a treasonous position is but so far the putting of a disloyal imagination into act : as for instance ; the author of the plea to the dukes answers , does very plainly conclude the king to be accountable to his people ; and after that , declares in express terms , that god approves of the removal of evil kings : and his complaining in the same sheet , of a male-administration , does fairly make known his dissatisfaction , and consequently explain his intention in that point . where 's my fault now , for crying out both to king and people , have a care of that man ? the author of another libel , call'd the impartial proceedings , &c. recommends the case of portugal for a precedent to england ; and sets the people at liberty , if they do not like one king , to chuse another . the writer of the appeal does not only intimate this ; but enforces it with an encouragement ; he who has the worst title ( says he ) ever makes the best king. the compiler of the political catechism places the sovereignty in the two houses ; and says , that they have legal power to command the people to assist them , whensoever they shall declare that there is a preparation toward a war : and in such a case to dispose of the kings forts , ports , magazines , ships , and power of the militia ; and to levy money , arms , horse , ammunition upon the subjects , in such cases of danger , even without , or against the kings consent . marvel , in his growth of popery , justifies self-defence in a subject against his prince , when he is run up to the wall. and nothing more ordinary than printed censures of the king and his ministers ; the branding of all his officers and domestiques for pensioners and papists ; the church it self for will-worship and superstition ; and the hierarchy for antichristian . these sons of belial ( says the author of the free-holders choyce ) and then a little below , i believe ( says he ) good father jacob had a foresight of these sons of levi , when in his last will and testament he left them a curse for a legacy , instead of a blessing ; and if the whole world were now to make their wills , all but knaves and fools would do the like . and he treats the parliament defunct with the same generous freedom : that so we may fall again ( says he ) into the hands of as treacherous and lewd a parliament as the wisdom of god , and the folly of man , has most miraculously freed us from . another falls foul by name , upon a list of as many worthy persons out of such a number , as ever met perhaps in such a body ; and three or four of them no less then members of his majesty's privy councel : and this catalogue he is pleased to call the infernal regiment of pensioners . to say nothing of those scurrilous and brutal affronts upon the very person and honour of his sacred majesty , that an honest man cannot so much as think of , much less repeat without horror : here 's not one word all this while of the contrivers and advancers of these villanies : but it is become more criminal , in the judgment of our pretended zealots to censure these audacious extravagances then to commit them . but now to conclude : how far in honour , justice , and policy , it may concern any prince or state whatsoever to support , countenance , and protect the asserters of their laws , rights , and priviledges , against the bold and seditious attempts of the enemies of the constitution , will be the next question . the two main pillars of government are reward and punishment . the neglecting of these , is like the letting of a house fall over a mans head for want of repair : but the magistrate that inverts them ▪ and rewards where he should punish , and punishes where he should reward ( in what form of government soever it be ) is like a man that plucks down his own house with his own hands ; and nothing can be more dangerous , than to shew an honest man that he has nothing to hope for , or a knave , that he has nothing to fear . but this were a supposition against the impulse of nature , as well as against the rules of politicks ; there being nothing more inglorious , or more perillous , then the humour of obliging our enemies , to the ruine of our friends . this is a point so clear of it self , that it needs no illustration ; and so consonant to the principles of right reason , ( even in the weakest of men ) that it does as little need a caution . but what is it that we call the supporting and protecting of those that assert the government ? this is not intended as a benignity , or respect toward the person that does the office ; but it is meant of a common iustice to a principle òf government it self ; without which it is impossible for any government to be of long continuance : for all publique services are accompany'd with hardship , and pain ; as they , are follow'd with envy , and detraction . 't is nothing for a man to go down hill , especially when he sees profit , pleasures , and preferment at the bottom ; and that in such a course , he does but follow the byass of his own appetites , and corruptions : but it is another case for flesh and bloud to ly beating of it out a whole age against wind and tide ; and when he has conquer'd that difficulty , to be cast upon the rocks , and there abandon'd at last . or , to follow my first allegory ; it is but a cold comfort for a man to lie striving thirty or forty years to gain the top of a hill , only upon a barren instinct of honour or virtue ; and when he comes there , to have only the choyce either of a iayl , or of a gibbet , for his last retreat : the duty of persevering is never the less binding , for the difficulty of the attempt ; but yet , according to the measures of humane frailty , the french king himself perhaps , would find it an hard matter to levy an army of fifty or threescore thousand men ( out of all his dominions ) of that complexion . and the cherishing of this sense of loyalty , is not only a necessary point of prudential iustice to be observed in all regiments whatsoever ; but it is likewise the interest , and the practice of all well-govern'd constitutions , to pay an esteem to the character of an inviolate integrity , even in an enemy : for it falls out many times , that differences of that sort may come to terminate in the most amicable and profitable agreements : beside that , they are sure of fair play , in the very heat of the dispute ; whereas what security can any man promise to himself , from a state-weather-cock , that still keeps his eye upon his interest , without any regard to his conscience ; and changes his opinion , and his party , as often , perhaps , as his shirt ? it is not that i either pretend to pin my self for protection , upon the government , for my own sake ; or that , in truth , i am conscious of any thing , to my self , that requires more than the common benefit of the law , to keep me in safety : and i have yet a greater security than all this ; which is , that when the honourable house of commons shall come to know me better by my actions , and open dealings and professions , than the world does hitherto , by the fidlers and the rascals that the paultry news-mongers here of the town have represented me to be ; i make no doubt , but they will think me worthy of some publique reparation from the authors of those scandals : and that those worthy gentlemen , out of a regard to the honourable bloud that runs in their own veins , will consider the case of another gentleman , as their own , and not suffer men of name and family to be blasted at this rate , by the sons of the people . of all the lewd and scandalous calumnies that have been advanced against me , there has not been one syllable prov'd . first , as to my pretended compliances with oliver : there are witnesses enough yet living of that party that know the contrary ▪ and not one man breathing so much as to colour it with any particular . beside a cloud of the kings friends that can prove my restless endeavours the other way . i have been lately charg'd for a confederacy with young tonge ; and in the coffee-houses and news letters , for a correspondence with mrs. cellier ; when yet i made it as clear as the sun , that i never saw tonge , but twice , in my life ; and that till after his affirming , and retracting , and renouncing that retractation , ( which was the thing that pinn'd the basket ) and all this upon his salvation too ; i never knew so much as his person . it appears likewise that i gave him the slip , upon the very time he had appointed to visit me ; and that upon his letter to me next morning , i was so cautious , that i gave mr. choqueux warning of him . when he came to me that evening , with company , i told them i would do nothing that lookt like a consultation . after this , ( two gentlemen that he brought , going away ) he would needs have me take his information as a iustice of peace . i told him , i would receive none , unless under his own hand , ready written , and not to be alter'd ; and with a clause inserted , that it was his own voluntary act , without any inducement to it from me : and that after all this , i would yet consider upon the matter of it , wheth●r it were fit for me to meddle with , or no. here the business rested ; only tonge would be pressing sensless stories upon me , as he had at first , till upon shewing my dislike of what he said , and telling him ( as i had done before ) that it signified nothing , he gave it off , and went his way . and i will now superadd this protestation , upon the faith of a christian , he said nothing to me that could in any degree in the world operate upon mr. oats's testimony : and then for mrs. collier , that was only care 's phansie , ( who wrote prances narrative ) and not so much as mention'd before the king and councel . when i had spoken to the business of tonge , mr. oates let that whole matter fall ; and charg'd me with a misdemeanor , for insisting upon a clause for clearing of my self in case of tonge's affidavit ; but it was lookt upon as a piece of necessary caution , and so mr. oates's iudgment was over-rul'd . but mr. oates follow'd this charge with a sorer one upon the neck on 't ; which was , for concealing a conspiracy against the kings witnesses , which he said was high treason , my answer was to this effect , that it was a strange conspiracy , for the whole story was nonsense from one end to t'other· to which mr. oates reply'd , that if it be a conspiracy , 't is no matter whether it be sense or nonsense ; for 't is high treason however . but this notwithstanding , his majesty was graciously pleas'd to give me the character of an honest and a loyal man ; and so that arrow fell short too . mr. oates was then pleas'd to beat another bush ; undertaking to prove me popishly-affected : and mr. prance swore that he had seen me three or four times at mass , at somerset-house , about two years since ; and doing there as other people did ; but he could not say that he saw me receive . whereupon i did with the most horrid solemnity of imprecation imaginable , declare my self to be of the religion of the church of england , and that i had never enter'd into any popish chappel , or been present at any mass , since his majesties return ; which protestation i do here again resume , intending by these words his majesties return , the kings blessed restauration , in the year . i cannot but note a great abatement , in prance's reckoning ; for i am assur'd , that prance swore in the company of care , curtis , and some other people , that he had seen me at mass , at least , or about a hundred times . upon the blowing over of this storm too , i expected to have had my quietus ; but mr. oates reinforc'd himself again , by a charge upon me for conveying away certain bulls and popish-books that were seiz'd , and lockt up with a padlock upon the door ; but when they came afterward to look for them , the padlock was taken off , and the books gone . whereupon the messenger of the press was sworn , and being examin'd to the points , he could not say , either that i took off the padlock , or that i gave any order , or direction about it ; or that i knew any thing of the conveying away of the books , or any thing coucerning the books themselves , one way , or other . this manner of prosecution ( methought ) was very extraordinary ; considering with what confidence mr. oates had call'd me rogue , and rascal , that day sennet , before the privy councel . and he had not done with me , yet neither ; for he said that one heard me say at wills coffee-house , that there was no plot : which , by the oath i have formerly taken , is false ; for i ever thought there was a plot. one thing i had like to have forgotten , mr. oates charg'd me for conversing with one grange , and sing : the former i know nothing of ; and for mr. sing , i do converse with him as i do with a hundred other people at the coffee-house , and i know nothing more of him , then that amounts to . i cannot let pass this circumstance , without the remarque of a strange usurpation upon the common rights of humane society ; if a man must be oblig'd , contrary to the rules of humanity , and good manners , to catechize every new face that he sees , and run , like an animal solivagum , into caves , forests , and deserts , for fear of giving any man the time of the day , till he has taken him to task , upon the articles of his faith. it is not that i set up for an advocate for the pleasures of frequent conversations , and gaudy entertainments ; but i do freely confess , that i had rather associate my self with four-footed , then with two-footed beasts , and that such an imposition , even from authority it self , would be grievous : but for a private person to assume that empire , is both arrogant , and intollerable . as for my self ; this disgust could never have laid hold of me in a better time ; for i am really as sick of the world , as peevishness it self can be of me. and having stood all proofs , both of my fidelity to my master , and of my integrity in despight of my enemies ; i 'le e'ne betake my self to the quietest way of making my escape out of an impious , and trepanning world , into a better . the end . notes, typically marginal, from the original text notes for div a -e the subject of this discourse . the articles against me . the acknowledgment of a devilish plot. the plot aggravated . a legal zeal against it recommended . with a deference to authority . an accursed plot. a hellish design . a derestable plot. the sworn plot given for granted . the plot unquestionable . proved upon record . he 's mad that believes it not no question of the certainty of the plot. the papists not clear'd by charging the presbyterians : one plot under another . the plot no laughing matter . publick justice . legal proceedings . the king under two difficulties . the evidences strictly weighed and examined . the sentence of authority is sacred . l'estranges charge , as if he made the plot only a blinde . no colour for any such charge . the blind lies on the fanatical side . why a sham in . and none in almost . years before . i said the same thing in , and ever since . presbyterian treason in . black is white ; and white is black. a personal respect to dr. oates . l'estr's civilities are turn'd into libels . the same respect continu'd , and the fact founded upon the narrative . all honour paid to the doctor . the industry and hazzard of the kings witnesses acknowledged . a mighty bustle about this passage . the foresaid passage justify'd . exceptions to another passage . complaint against citt and bumpkin . my libellers libell the doctor , and the nation . ☞ citt & bumpkin a couple of rascals . citts character . the dregs of the people . bumpkin an ignorant sawcy fellow . my adversaries proved the libellers . the appeal a damn'd libell and no notice taken of it . full of treason and scandal . our zelots are blinde of a side . a just respect to the city of london . the glorious city of london . matters of state. the old topique . the occasion and scope of citt & bumpkin . a question to the person , not upon the fact. a question of connexion and transition . eminent persons mis-represented . what is meant by obtruding . disaffections explained . exception upon petitions . petitions approved and how far . not so much the matter , as the scope of the petition . the advance of the petition from one thing to another . the late kings observations upon petitions . and the menage of them . good authority for suspecting popular petitions . some petitions both lawful and commendable . many worthy persons concern'd in the petitions . the scope of all my writings . the quality of the libellers . a hackny libeller . ☜ why this rancour against me ? the faction began with me . my end of writing . free born subject , citt. and bumkin . my letter to mr. oates justified . a passionate expression . the effect of popular libels . the reason of my writing . the cheat laid open . my loyalty is my crime . no notice taken of treason and sedition . i never received any reply . two points worth the clearing . why i have written so much . no preferment or reward in the case . designs and practices upon the publick peace . a lewd practice implies a design . reward and punishmen . brutal scurrilities . safer to commit sedition then to censure it . how far to encourage loyalty . reward and punishment . it is interest of state to protect the servants of the government . cold comfort . loyalty is to be valu'd , even in an enemy . my appeal to the honourable house of commons . nothing prov'd against me . mr. oates's charges . high treason . nonsense is high treason . charg'd with being a papist . charg'd with conveying away bulls and popish books . two charges more yet . a violation upon the rights of common society . adieu . the lords spiritual and temporal in the high court of parliament assembled, do hereby require every member of this house, not to grant any protection or protections (during this present session of parliament) to any person or persons that are not, or shall not be their lordships menial servants ... england and wales. parliament. house of lords. approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing e estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the lords spiritual and temporal in the high court of parliament assembled, do hereby require every member of this house, not to grant any protection or protections (during this present session of parliament) to any person or persons that are not, or shall not be their lordships menial servants ... england and wales. parliament. house of lords. broadside. printed by john bill and christopher barker ..., london : . title from first lines of text. at head of title: die jovis ̊martii . "ordered by the lords spiritual and temporal in the high court of parliament assembled, that this order be forthwith printed and published. jo. browne, cleric. parliamentorum." reproduction of original in the harvard university library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng great britain -- history -- charles ii, - . great britain -- politics and government -- - . - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion royal blazon or coat of arms c r honi soit qvi mal y pense diev et mon droit die jovis o martii . the lords spiritual and temporal in the high court of parliament assembled , do hereby require every member of this house , not to grant any protection or protections ( during this present session of parliament ) to any person or persons that are not , or shall not be their lordships menial servants , or persons necessarily and properly imployed about their estates . and in case any such be granted by any member of this house , that he do presently revoke the same : of all which this house will expect a strict account . and that all persons that have presumed , or shall presume to counterfeit the protection of any peer of this realm , shall be severely punished . jo. browne , cleric . parliamentorum . ordered by the lords spiritual and temporal in the high court of parliament assembled , that this order be forthwith printed and published . jo. browne , cleric . parliamentorum . london , printed by john bill and christopher barker , printers to the kings most excellent majesty , . new court-contrivances, or, more sham-plots still, against true-hearted englishmen grascome, samuel, - ? approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing g estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) new court-contrivances, or, more sham-plots still, against true-hearted englishmen grascome, samuel, - ? p. [s.n.], london : . reproduction of original in cambridge university library. attributed to samuel grascome by wing. caption title. imprint taken from colophon. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng great britain -- politics and government -- - . - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - robyn anspach sampled and proofread - robyn anspach text and markup reviewed and edited - pfs batch review (qc) and xml conversion new court-contrivances ; or , more sham-plots still , against true-hearted englishmen . policy , truly so call'd , is , the art of governing a multitude wisely , which is best done by ruling according to their own inclinations , for then they will obey without reluctancy ; and their inclinations being bent to their own good , which consists in plenty of all temporal commodities , ( and especially of money , which purchases all the rest ; ) and in peace , which secures to them the enjoyment of what they already possess , ( which two make up that which we call the common good , and by the effects make the people see they do so , ) is the only true government , and only likely to be durable ; and they who govern thus are the only wise , that is the only true politicians . but the abuse of any thing is altering the meaning of the word to a sinister sense ; hence those men who neglect this natural method of governing , and do really overburthen , impoverish , and harass the people , and instead of easing , and enriching them , make use of quirks , and tricks to bubble them , that either they may not see it , or not lay it to heart , have gain'd also the name of politicians ; tho' they have no more right to it than a mountebank , who neglects nature , and makes use of quacking language , odd gestures , and tricks , ( not to benefit his patients but to get their money , ) deserves to be reputed a good physician . the people should be made sensible by real effects of the peace , and plenty , the governours have blest them with , and not be fool'd with airy words , or lull'd with pleasing dreams that they shall be happy and rich god knows when or how ; not reflecting that while they thus loll on sluggishly in the contemplation of this visionary felicity , the robber is actually in their houses plundering them of all their real possessions . such a government then being against nature , it 's the greatest miracle in nature if it lasts long , or indeed any longer than till their feeling and experience open the peoples eyes , to see through the blinding mist that was cast before them . many are the stratagems and tricks our quack-politicians make use of , but none of such universal usefulness as the mysterious art of plot-forging : for the horrid noise of a plot entertains the peoples present thoughts with its novelty , and their future ones with the expectation of its discovery ; so that they have not the leisure to mind their own concern , or to reflect how the common good goes to wreck . it frights the vulgar with the hideous idea of an enemy lying in ambush , which , they having the dress in their hands , and power to make any fiction pass uncontroll'd ; is easily improved into a conspiracy to cut all their throats ; and so set all the people a madding . it enhances the credit and awfulness of the governours as wondrous wise men , in that the most secret practises lie open to their searching eye , and exact intelligence . it fifts the honest party , who love truth more than tricks , from those of their own faction , and either exposes them to certain obloquy and ruine , if they offer to contradict the manifest forgery ; or if they do not , then it makes the plot-fiction authentick , because it passes uncontroll'd . it breeds a horrible cry against those at whose doors the plot framers think fit to lay their own brat , and 't is an excellent gin to entrap those who are obnoxious to the courtiers , either for their honesty , or the rich prey of their money . it fixes their unthinking credulous and affrighted bigots more firmly to their devotion . it countenances , by a pretended necessity , the bold licentionsness of clapping up causelesly , and lawlesly , whomsoever they please in prison ; and how slight a pretence will serve , their carriage towards divers peers , and others last year has shown us . it makes the commons more pliable to be let blood in the silver-vein , even to the last ounce , to be secured ( forsooth ) against such formidable or rather fantastical contrivances . lastly , 't is the most direct method for a governour , whose ambition transports him to make himself absolute , by setting up a title of conquest , or what other he pleases to carry through his haughty designs ; for it gives him both an occasion , and a colour to strengthen his own interested party to that predominancy of power , that all the rest of the nation must be forced to truckle whenever he sees sit to attempt it , or pleases to lift up his foot to tread upon their necks . our government , while the revolution was a novelty , and the kingdom in an ill-humour , did not indeed stand in need of any new plots , it self being every bit a meer continued plot , carried on by forgeries , and shamming delusions of the people ; but now that the nation is sensible of their folly , and sees that all those gay , and hollow pretences end in a flat cheat of the dutch , and other confederates , to gull silly england , at the expence of their blood and treasure to maintain their war ; that better half of the nation ( if they dare speak out ) do hate the proceedings of the court-party ; nay , that the whole nation repines at the dearness of commodities , scarcity of money , damp of trade , and insupportable taxes : our new government is put to its shifts , and plots are now become absolutely necessary , and an essential part of our mountebank-policy . first then out steps fuller , patronized by my good lord of canterbury , with plots in his budget to sell by whole-sale ; nay , he flew so high , that he threatned to impeach divers of the house of commons , as if he should tell them , look to your selves , gentlemen ; for whoever opposes the voting money enough , i 'll all-to-be-traytor him . money , like a true chymist , he got before-hand , which he spent prosusely in drunkenness and bawdry : but that was no rub in the case , the more rogue he was , the better he was qualified for a plot-witness . the true patriots in the house of commons not knowing on which of them the plot might light , and resenting to be over-aw'd by court tricks , got the cognizance of it to be brought before them ; but fuller directed them to a wrong lodging , and himself disapp●ared : whereupon he was ●tigmatized by their votes for an unpardonable cheat , &c. and ordered to be prosecuted , though he came off with a slight punishment for so great a crime . and so this archiepiscopal-plot fell to the ground , and , like that of the noble salamanca doctor , went out in a stink . but the next plot was more hopeful , being to be performed by a greater master in the cheating-trade , the infamous villain young ; for his counterfeiting hands so dextrously was alone as good as half a testimony ; we cannot doubt but that ( money being his only aim ) he was to be well paid by the old plot-forger : but the plot was by providence detected , and the falshood of it so industriously discovered by the bishop of rochester , it prov'd abortive ; which had it taken had cost the life of many an honest man. our court hop'd that if discovered it would pass sor one of young's knavi●h pranks ; but the world is not so stupid as they imagine : for young , and his comrade blackhead , lying in newgate sor debt , and living on others scraps , without a penny or a friend to help them , who were those that came in a coach to a tavern near hand , and sent for them out divers times ? who was it paid their debts , and fees , and fetch'd them out , put good store of money in their pockets , and good cloaths on their backs , a little before they began their plotting-trade ? and why was the enquiry into those particulars , though so much prest by divers worthy persons , so industriously waved even to this time ? this was too tender a point for the bishop to meddle with , who in all likelyhood suspected the matter , and is a great flaw in his book : so that no man of sense , when things are thus carried , but smells an old fox , though they dare not put him up and hunt him , for fear of being indicted for spoiling the king's game , and a greater wheel moving the lesser ones . so fond they are of plots , that my l. nottingham himself , whose nose , as it seems , was more sagacious and reach'd farther than his understanding , smelt out a plot the last summer ; and thereupon ( which was one of his bold strokes to dash out the laws ) he gave out warrants to seize , and imprison divers peers , and other persons of quality , without the least evidence against them then , or since : some of them , to avoid vexation and charge , had kept themselves private ; whereupon a very pleasant female-proclamation was issued to apprehend them , branding them publickly to the whole nation as guilty persons who had fled from justice ; whereas 't is now evident , that had the court had the least colour of justice against any of them , the utmost severity of it had been inflicted on them without mercy . however , as soon as this slanderous proclamation had cryed hoo-loo , the state-hounds , led by my l. lucas , who thought it a great honour to become a catch-pole in such a legal employ , hunted them dry-foot , and took divers of them , not dangerously plotting , but very quietly napping : but when they had them , they had nothing in the world to say to them , but only that they were resolved , in despight of justice and the laws , and the priviledge of parliament to boot , to put them to as much trouble and vexation as they could . these unwarrantable warrants were highly resented in the house of lords , and satisfaction demanded from my l. nottingham , and his lawyers , for violating so notoriously the liberty of the subject : but the court-party ( a fault which no doubt they will amend for the future ) being , by ill-hap , unsurnished of king's-evidences to swear plots falsly against them , stick'd hard to get them indemnified ; and so the plot light to be on the other side , viz. to enure the nation to slavery , and make it to endure the breach of our most fundamental laws that concern the subject's liberty ; that so it may be no wonder hereafter if the court play them the same foul play in the like or other cases , in regard there was such a signal precedent for it so powerfully abetted , and protected . and thus our noble law breakers came off with impunity , and honour too ; for what is damnable in the eye of the law is meritorious in the sight of the court. how can the state with justice hang robbers , and such like malefactors , when those men escape scotfree who rob free-born englishmen of their liberty , which is more valuable than their money , unless our laws be made of cobwebs , which catch only the lesser flies , and let the great ones break through and escape . another plot begins already to bud forth in our two late proclamations : blank warrants , sign'd in likelyhood by themselves , must be laid up foolishly , and found miraculously , and then comes out a proclamation , complaining sadly and seriously that my l. not●ingham's hand and seal were forged by the disaffected , forbidding all warrants with the old seal to be of any effect , and promising a new seal , and jastly offering five hundred pounds to the discoverers ; and then ( to make it more credible , and fill the heads of the nation with proclamations , ) a second thought proclamation follows upon the neck of the former , offering five hundred pounds , and indemnity besides to any even of the contrivers , if they will but discover their accomplices . now the devil must be an arrant ass , if he have not one rogue of his in all england , who ( as bedlow upon the self-same account found himself guilty of the murder of sir — godfry , ) will not take the money when he may come in so safely , and accuse some-body or other falsly , by which means my lord's credit will be cleared , and a new plot made ; and doubtless it 's now hammering upon the anvil . yet for all the art and wit this stratagem makes a shew of , any man with half an eye may see 't is but a very botching and bungling piece of policy : for why could not the forgers of the old seal , ( had there been any such , ) as well counterfeit the new seal too , when it came out , and so frustrate all the ends pretended to by the proclamation . however , 't is some happiness that we are safe from being gaol-birds till the new seal be made ; which is to inherit the illegal power of the old one , only we shall have the comfort to be imprisoned with a better grace ; that is , by warrants of a later edition , with the noble formality of a new seal . certainly the nation had been better satisfied , had a proclamation told us such unlawful practices should be used no more ; whereas this accuses every body , and satisfies no body . these plunges the court-party are put to , that they may tyrannize over the liberty of the subject , and yet give their actions a face of legality ; which , together with their defeat in fuller and young , make every man see clearly that they stand in huge need of a plot , and of king's-evidences to countenance and justifie their proceeding . but where must such fellows be found ? the arrantest rogues , whom their crimes have coop'd up in gaols , are fittest for perjury , and especially if they might escape hanging by it , then , to be sure , they would swear heartily and lustily to whatever the great ones should inspire them with , upon pretence of reprieve , or pardon . now it light very providentially , ( as they imagined , ) that the arch-robber whitney happ'd to be in young's nest , who was flown , i. e. in newgate ; and withal condemned to be hanged : to him they apply , being well allured that they neeeded not lay long siege to his honesty , if he might but hope for a pardon . the method they took was this : first , capt. richardson tells him he must certainly dye without any hopes of mercy ; then , to relieve his despair , come some honest williamites to him , as sir john austin , dutton colt , sir ralph dutton , and sir thomas pope blount , some of whom treated with him about making a plot ; and it so concerted , that he should say , ( and by consequence swear if need be , ) that the lords litchfield , aylesbury , salisbury , and worcester , and some others whose names i have not , had treated with him , by their agents , to assemble his gang of robbers , and kill the king , as he was hunting in epping , or windsor forrest , promising him vast rewards when his work was done . but whom should he name for those agents ? whitney's house was at cheston in hartfordshire , where lived on dr. thorowgood , his countreyman , and neighbour , who meeting him sometimes in london , they went to drink at the house of one mr. burchil , at the queens head in white-swan-yard , over against somerset-house , having in their company one mr. pike , thorowgood's friend , and constant associate . they had done this twice or thrice , and so whitney judg'd those the fittest persons that could be pretended to have treated with him , and burchil the properest man to witness that treaty . this project amounting to a rough-draught of the plot thus cunningly laid , so that now nothing but dextrous managing the persons was wanting ; a paper was carried to my l. nottingham with the names of the lords , as principal movers , and of thorowgood and pike , as the immediate treaters and interveners : this got whitney his reprieve ; and warrants were sent to take up thorowgood and pike , who getting light of the design , and not willing either to be knaves voluntary , nor tortured , ( by the usual merciless severities exercised in prisons since the erection of this new government , ) or perhaps hanged because they would not be so , kept out of the way . the first thing to be done was to work upon mr. burchil , and to bring this about , a dragooner , by name bowes , comes to his house , and tells him he was going to whitney in newgate , and that he would do a friendly office to go along with him , and give him a visit : the honest man , little dreaming what a trap was laid for him , went with him very civilly . whitney seemed very glad to see him , and after a while began to put it upon him , that he knew and heard dr. thorowgood and mr. pike treat with him about killing the king , and that if he would but witness it , it would be a means to save his life , and also be highly advantageous to himself . burchil replyed , that he did never in his life know or hear any such thing , and so could not in conscience assert it . after whitney had plyed him with all the most pressing intreaties , and high-promising motives usual in such a case , and saw there was no hope of making him a villain by fair-means , then ( as the method of plot-forging required , ) he was to try what might be done by foul ; wherefore he began to speak very loud , to threaten him highly , and to abuse him with opprobrious language for refusing to witness so important a truth . this loudness of his was the watch-word for tucker to come in , who had placed himself on purpose at a convenient distance , and knew his cue when he was to act in this intended real tragedy , fell upon burchil with bitter invectives , hunching him rudely with his elbowes , and telling him he would be hanged , and all he had seized on for the king , if he refused to witness what whitney had desired ; and in conclusion , like a true servant and imitator of my l. nottingham , without law , and in dispite of it , clapp'd him up and made him prisoner . the poor man lay there about three hours with an aking heart , fearing he should be made pass through prance's purgatory , and be tortured for not yeilding to attest a falshood . by that time they hop'd that the fright for what he had suffered at present , and his apprehension of worse , would have daunted and warp'd his honesty ▪ tucker and bowes came to him with a paper signed by whitney , containing all the particulars he would have him swear , which they shewed him , promising that if he would subscribe it , he should immediately be set free , and richly gratified in to the bargain . what should he do ? no friend could come at him that he might acquaint them with his condition ; and he feared that should he refuse , torture would come next , and pehaps that tucker and bowes , who he saw were confederates , might swear false against him if he persisted in his resolution : wherefore to get free from the clutches of these harpies , ( never intending to stand to it , ) he signs the paper , after he had capitulated with whitney to give it him under his hand to indemnifie him , which he did , and ( bowes and tucker present ) fubscribed a paper to that purpose , which burchil has yet by him . and now the plot went merrily on , and began to look very towardly . they assured themselves now of burchil , who was freed and complemented . the paper was sent to the over-joyed secretary ; some say that whitney was examined by him too , or by some from him ; but 't is certain , orders were given to my lord chief justice holt , to examine burchil , who sent a tip-staff , accompanied by bowes , at ten a clock at night the same day to bring burchil before him ; who , as they were going , spent many exhortations and encouragements upon him , to make him stand stiff to his subscription . being come before my lord , bowes took his oath he saw him sign it ; and upon my lord 's asking him , burchil frankly acknowledged it was his hand . then , says my lord , you can swear to the contents of the paper . no , my lord , replyed mr. burchil , i cannot swear it , for there is never a word of truth in it ; laying open in order how he had been treated with caresses , and rough usage to induce him to swear a falshood , and that he only signed it out of fear , and that he might free himself out of their claws , dreading he should have been worse used , had he continued there , and refused it . upon which , my lord , ( who i hear has had a little taste of arbitrary court-tricks , ) did very worthily free burchil , and gave order immediately to hang vvhitney . and so this horrid damnable hellish vvilliamite plot , through the prudence and sincerity of this one honest man , very luckily came to nothing , and the growing noise of it spread by the court-party was quash'd , and suddenly hush'd ; which , had it taken , it had been a blessed time for hangmen , and gaolors , and executioners , for we should have seen e're long the heads of those honourable , and innocent personages fly off at tower-hill , and multitudes of others imprisoned , ruined in their estates , and put to death : it being much easier to improve a plot , when statists think they have got ground enough , with safety to their credits , to own it , than it is to make it take at first , the foundation of all such fictitious contrivances being so unsteady , and rotten . our courtiers , having lost the advantage of carrying their plot on , resolved now to make their advantage of its miscarriage , by crying up their own integrity and honesty in freeing burchil , and hanging vvhitney , ( though neither of them was more than what the law required ; ) that so , by preserving their credit , as to this plot , which they saw would not take , they might be the better believed in future ones , which they hoped would take ; but we may thank the ill success , and not some men's good vvill : for 't is manifest from every circumstance , that while they had hopes it would come to something they abetted it , as much as ever they could , without telling the world openly they were the original contrivers of it , which being such a deep , and so sacred a mystery of state , ought not to be revealed to the profane eyes of the vulgar , or searched into too narrowly : for , who was it that sent vvhitney's first paper to my lord nottingham ? and why were warrants immediately issued to take thorowgood and pike , since the information , coming only from a condemned man , who was never in his life of any credit , and would say any thing to save his life , could signifie nothing ? who was it that got him a reprieve ? who sent bowes so seasonably to mr. burchil , who was the only man that could assist his pretence in witnessing against thorowgood and pike ? how came it to be believed that a plot was forging by all the persons who were in the nearest circumstances while it was contriving ? who hired tucker to join with vvhitney in reviling and threatning him , because he would not be perjured , and to clap him up so rudely and illegally ? would such a fellow do such an action , which might lose him his place , and make him to be soundly punished besides , unless he had been bribed , or powerfully sollicited to it ? or durst he have done it , unless some great persons had assured him besore-hand of impunity ? and if not , why is he not severely punished for it since , but still continued in his employment ; since it will not be safe for any man to visit his friend in prison , if such villainous tricks be permitted ? indeed my lord chief justice was angry with him , and said he deserved to lose it ; but he thought it not fit to procced farther , least it might offend some to whom he was to be upon occasion a very useful instrument . who was to have got vvhitney's pardon , which he was sure of , and upon the prospect of which he began this jigg ? why did the honestest of them fall off , and protest he would have no hand in plots ? why did the two plot-makers ( one of them especially ) go above a dozen times to vvhitney in newgate , with whom they had no acquaintance ? let any sincere honest gentleman ask them to what end they made such frequent visits to a villain ? and ( for i know what they have said , and will say . ) he shall see that they give such a ●leeveless account of their errand , that would make any man of sense spew to hear ●hem . do they think us such fools as to believe that all the fore-mentioned poppets did manage themselves so dextroufly and regularly , without some unseen hand be●ind the curtain which moved all the rest ? or would even any of those gentlemen ●ave gone about a plot , but that they were either set on , or at least knew it would ●e grateful and welcome to the state ; and that the court would abett it , if they ●ould first bring it to f●dge ? lastly , why was the bill , making perjury in capital crimes fellony , without benefit of the clergy , thrown out by the court-party , but ●hat they might not discourage false witnesses , when they should stand in need of ●hem , to swear to their plots ? yet i will not charge all those gentlemen who visited vvhitney , with knowing ●he drift of the plot-men ; one or two of them , i believe , were for another end , or ●ere carried thither for a blind : one of them has cleared his own credit , by falling ●ff , when he perceived them making plots ; another of them i have great reason ●o think of too quiet a genias to meddle in such matters . it will be expected that ●nce i name them all , i should likewise by name distinguish the guilty from the ●uiltless : but i conceive 't is more proper to leave to those two latter an occasion ●f clearing themselves , by laying the enormous crime at the doors of those who did really deserve that imputation . and it being more their concern than mine , if they refuse that duty to truth , and their own honour , they must blame themselves for the shame and infamy they may incurr : for certainly the memory of those who were the contrivers and abettors of this damnable hellish vvilliamite-plot , let them be whom they will , and as great as they will , will so stink before god and every good christian , that no man of any honour or reputation but will avoid their conversation , and abhor them as atheistical reprobates , suborners of perjury , the worst of murtherers , and the most profligate of villains . these particulars , which happ'd to come to my certain knowledg , by conversing casually with those who knew the bottom of that mystery of iniquity , ( and many more we might have known , had not burchil out of fear been so reserved ; ) i thought fit to communicate to my dear countreymen , that they may use their best prudence to avoid the snares which the interested court-party will lay for them : hoping too , that these short but clear hints will keep the people from being allarmed with the hollow pretences , and loud noise of imaginary plots ; and that instead of hating , they will pity those who shall fall into such state-traps . and lastly , that , plucking up the hearts of true englishmen , they may stand up for our laws , liberty , and property , against lawless orders and warrants , base slavery , and unpitied beggary , under which we groan already ; and since the nation subsists by preserving those common goods , if we supinely neglect the preservation of them , we must expect that our dear native country will e're long be overwhelmed , and buried in its own ruines . finis . london , printed in the year mdcxciii . a declaration of the parliament assembled at westminster. whereas the parliament of this commonwealth having, through the eminent favour and mercy of god, sate many years in the performance of the trust reposed in them by the people, ... england and wales. parliament. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e a thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) a declaration of the parliament assembled at westminster. whereas the parliament of this commonwealth having, through the eminent favour and mercy of god, sate many years in the performance of the trust reposed in them by the people, ... england and wales. parliament. sheet ([ ] p.) printed by john field, and are to be sold at the seven stars in fleetstreet over against dunstans church, london : . title from caption and opening words of text. describing the proceedings which lead to the return of the members of the long parliament, and asserting their determination to stand by the good old cause. dated at end: saturday the th of may . signed: jo. phelpes, clerk of the parliament pro tempore. reproduction of the original in the british library. eng england and wales. -- parliament -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no a declaration of the parliament assembled at westminster. whereas the parliament of this commonwealth having, through the eminent favour and england and wales. parliament. a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion a declaration of the parliament assembled at westminster . whereas the parliament of this commonwealth having , through the eminent favour and mercy of god , sate many years in the performance of the trust reposed in them by the people , whose representatives they are ; and being in the prosecution of that duty assembled in parliament at westminster upon the th day of april . were then interrupted and forced out of the house from that time until this present day . and whereas the officers of the army raised by this parliament , calling to minde that the same parliament , consisting of the members which continued to sit until the th of april . were assertors of the good old cause , and had a special presence of god with them , and were signally blessed in that work , did adjudge it their duty ( the desires of many good people concurring with them therein ) to invite the aforesaid members to return to the exercise and discharge of their trust , as before the said th of april . and for the effecting thereof , the lord lambert , with divers other officers of the army , in the name of the lord fleetwood and councel of officers of the army , did upon the th day of may . resort unto the speaker of the said parliament , and in the presence of many of the said members of parliament presented a declaration , containing their earnest desire , that the parliament , consisting of those members who continued to sit since the year . until the th of april . would return to the exercise and discharge of their trust , promising their readiness in their places , as became them , to yield their utmost assistance to them to sit in safety , for improving the present opportunity for setling and securing the peace and freedom of this commonwealth , praying for the presence and blessing of god upon their endeavours . whereupon the speaker , with the aforesaid members of parliament , resolved to meet at westminster the next morning , giving notice to others of their fellow-members of such their intention : and accordingly the speaker , with the said members , being assembled at westminster the th of may . found it a duty incumbent on them , not to neglect this opportunity , which the wonderful and ( as they hope ) the gracious providence of god hath held forth unto them , for the prosecution of what yet remains of their great trust . all which the parliament taking into their consideration , do declare , that they are resolved ( through the gracious assistance of almighty god ) to apply themselves to the faithful discharge of the trust reposed in them , and to endeavour the settlement of this commonwealth upon such a foundation , as may assert , establish and secure the property and liberties of the people in reference unto all , both as men and as christians , and that without a single person , kingship or house of peers : and shall vigorously endeavour the carrying on of reformation so much desired , and so often declared for , to the end there may be a godly and faithful magistracy and ministry upheld and maintained in these nations , to the glory and praise of our lord iesus christ , and to the reviving and making glad the hearts of the upright in the land . saturday the th of may . ordered by the parliament , that this declaration be forthwith printed and published . jo . phelpes clerk of the parliament pro tempore . london , printed by john field , and are to be sold at the seven stars in fleetstreet over against dunstans church , . a vvelch bayte to spare prouender. or, a looking backe vpon the times past written dialogue wise. this booke is diuided into three parts, the first, a briefe discourse of englands securitie, while her late maiestie was liuing, with the maner of her proceeding in gouernment, especially towards the papists and puritanes of england, whereof a letter written late before her death, specifics, as followeth in this first part. the second, a description of the distractions during her maiesties sickenesse with the composing of them. the third, of the aptnesse of the english and the scotte to incorporate and become one entire monarchie: with the meanes of preseruing their vnion euerlastingly, added therevnto. powell, thomas, ?- ? approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a stc estc s this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a vvelch bayte to spare prouender. or, a looking backe vpon the times past written dialogue wise. this booke is diuided into three parts, the first, a briefe discourse of englands securitie, while her late maiestie was liuing, with the maner of her proceeding in gouernment, especially towards the papists and puritanes of england, whereof a letter written late before her death, specifics, as followeth in this first part. the second, a description of the distractions during her maiesties sickenesse with the composing of them. the third, of the aptnesse of the english and the scotte to incorporate and become one entire monarchie: with the meanes of preseruing their vnion euerlastingly, added therevnto. powell, thomas, ?- ? [ ] p. by valentine simmes, printed at london : . dedication signed: tho: powell. signatures: [a]² b-d⁴ e² . reproduction of the original in the british library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual 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characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng great britain -- politics and government -- - -- early works to . - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - judith siefring sampled and proofread - apex covantage rekeyed and resubmitted - judith siefring sampled and proofread - judith siefring text and markup reviewed and edited - pfs batch review (qc) and xml conversion a welch bayte to spare prouender . or , a looking backe vpon the times past . written dialogue wise . this booke is diuided into three parts , the first , a briefe discourse of englands securitie while her late maiestie was liuing , with the maner of her proceeding in gouernment , especially towards the papists and puritanes of england , whereof a letter written late before her death , specifies , as followeth in this first part . the second , a description of the distractions during her maiesties sickenesse with the composing of them . the third , of the aptnesse of the english and the scotte to incorporate and become one entire monarchie : with the meanes of preseruing their vnion euerlastingly , added therevnto . printed at london by valentine simmes . . ❧ a prelude vppon the name of henry vvriothesly earle of south-hampton . euer whoso beholds this leafe , therein shall reede , a faithfull subiects name , he shall indeede : the grey-eyde morne in noontide clowdes may steepe , but traytor and his name shall neuer meete . neuer . to the right honorable henry wriothesly earle of south-hampton baron of tichfield : and of the noble order of the garter . let golden artists practice quaint imposture , and study to a semblance of perfection , let leopers sweate to shew the world their moisture , we study not to patrones for direction : unlesse the honor that my lines shall owe can both protect vs , and approoue them too . and such is thine , whose beames of patronage doe heate alike in iudgement , and in blood both , with pure fires deriu'd from parentage , preserued in the arke of fortunes flood , when neptune , and the sea gods did abette , with cynthia in her fullest veines aspect . thou wholesome honour , chaste nobilitie , be in protection mine , as generous , without distent through all thy auncestrie : it was thy wont , thou canst not erre in vs : and for the test sufficeth me to know : thy iudgement best deserues my lines to owe. your lordshippes in all the nerues of my ability , tho : powell . ¶ a welch bayte to spare prouender . englands securitie . question . sir , whereas at our last parting at richmond house very early , and in the very same morning wherein the late maiestie of england made progression through tudyrs royall name , before any successor yet apparent or proclaymed , you , excusing your selfe with the times distraction , the feare of eruption , your duty and security to repaire at such times to your owne home , ( thinking nothing disaster that you suffer vnder your owne starre , no stroake too violent for your natiue country ) promised after that confused matachime , recouered into his wonted harmony , such as crownes this day , with full consent , to describe vnto mee the distractions precedent to her death , which did informe each estate so plentifully , as might supply euen all the vses of obseruation . i desire you to be so feeling of these times felicitie , vbi quid censeat , &c. as shall suffice for the liberty of your speech , and the freedome of your promise . answ. good sir , i confesse to haue libertie of modest speaking , whereby is offered an expedition from my promise is the chiefest felicitie in my wishes , and to proportion out the broken numbers of those latter times with our mutuall comments and collections might somewhat confirme vs towards futurity : it onely detaines mee before i enter into the discourse thereof to be so curious ouer your expectation , for you seeme prepared vnto me as to challenge conditions of your gentlenes and humanity , both of hearing and censuring me , as one forced to be diuided into so many and such the formes of this subiect for the lifer description thereof , as may with a little helpe of wit be fashioned and fitted with some peculiar , the like behauiour , though much dissonant from my meaning , without giuing the character , or presuming your wit. for betweene the height of my soules contemplation , and the earth of my affections , there is a commonweale so populous , of whatsoeuer condition , that in describing all men , i discourse but my selfe vnto you . qu. before you begin , i would desire you first to set forth that tranquille estate of england as it lay most soft , in her most securitie ( her maiestie yet liuing , and in health . ) that first , taking your height from thence , euen , from the ouerflow of her fulnesse , you may the easier make seeme how great the distant was into the distractions . next , by the degrees of her sickenes measureth the times farthest out of measure . and lastly , shew how sodainly and solidely it was againe composed what transposition and how many frets , how much vicissitude , one month begets : be admonished by the way to vse those meanes which may exempt your stile from seeming serious , giue it a free and pleasing laxation , but not so diffuse as if your flashes of mirth were cut out of the whole dresser cloth of ranke wit ? an. to describe that securitie proceeding partly of the fulnesse of such a gouernment , as was one reformed in all the defects of those best squarde , and conformed by religions principles , and especially of the bounty of prouidence , whole blessings , for a perfect gouernment in it selfe to containe , it is as impossible as for a full vessell , his owne moysture vnder a violent showre that falls farre off : i must first shew wherein her fulnesse did ouerflow and molifie : and then , into what . it did ouerflow and suffer excrescence . first , in religions vses . secondly , in vses of temporall blessings . of both which the extent was into softnesse , & singularity . softnesse and singularity being either of fashion or custome . it was softnesse of fashion in such ( i leaue chambering and such like to the office of a diuine to speake of ) as had the securitie to be fashionable in all their actions , and to liue ●x vs● viuendi , of which sort of people are all sectaries of 〈◊〉 , blinde zeale , and example deriued from auncestors and grandfathers , with such like whatsoeuer . the goodnesse of the day was to these like lybian wormes in digestion ; it gaue to such drowsinesse all their faculties , that they could doe nothing but what the fashion of their liuing offered vnto them : and it was for fashion that sir william r 〈◊〉 〈◊〉 r●●●●●● was wont in those dayes to send his man euery morning to know how such a great namelesse ladyshippe tooke her rest after the last nights neates-tongue pic , &c. it was softnesse of custome in such as held no law to ceremony , no liberty to custome : and this was your country reueller , your onely lord of whitson ale : with a heigh ho come ouer the dale , come ouer the dale heigh ho. it was into singularitie with others , of which kinde there be two sorts , paradox , and morall affectation . paradox was one that for ambition of a singularity in religion and artes , would altogether oppose himselfe against the most receiued authority . or rather for distinctions sake betwixt such , as who though they differ from the true positions : yet it is not è regione : let me call it affectation : and that only ambition where the singularitie is fetcht from extreames , the farthest of which is atheisme . qu. is it possible there should be such presumption in man , as to impugne his owne bosome faith , and all for 〈◊〉 〈◊〉 〈◊〉 bition of a singularitie , can it be that a singularitie should be so deerely gained and farre-fetcht ? an. yes ; and boast that wit for it to , asmuch as laco the lying trauailer does his discouery of the new found land , with all the miraculous stones and plants he left behinde him there : for , for mine owne parte i doe belieue there is no other atheist but of conscious ambition . i come to the morall affectation ofthose dayes which was either the oppsite of fashion or custome . your opposite of fashion was either he that vsed to dedicate the affected prety and fantasticke of euery new 〈◊〉 to the iudgement of some new mistris . or your affectation of a neglected fashion and hauiour , and this was your onely shallow malecontent of the age . now your anticustome was one that would neuer go directly and by president , where his owne wit or countenance could come by ambages : and therefore me thinkes this should be he that was the first inuenter of monopoly , because the first that euer went out of custome . me thinkes this should be he that deuised your first impropriation of ecclesiasticall liuings : quest. why should he not be the first proteus of offices and occupations ? answ. no doubt sir but hee was : for i can tell you i knewe him liue in the court , doe hir maiestie the seruice of a whole man there , and yet he was a parson in halfe a dozen places more at least , he was a baylife in one shape , and a steward in an other , now , an honorable , and by and by a housesweeper , i meane him that had no substitute therein for sauing of the fee , and to the rest i reserue eugé & bellé . but proteus was no body to an other anticustome in my remembrance : what thinke you of the old ubiquitarie lycus ? but i perceiue you are rather chewing vppon the times fulnesse that it should come to this , and notwithstanding to haue wholesome gouernment . qu. sir , i ratifie your reasons before cited , for a kinde of necessitie to be acknowledged in them . i onely expect to be hastened , nowe you are at the height of englands securitie , to heare the manner of dieting it from the first ouerflowe of her perfections fulnes , while it is gathering new blood for new infection , desiring you to resume at hir cleere gouernments proceeding betweene softnes and singularitie . ans. with softnes in religion , because there was no such intention in it as might attaint it finaly , the mildest meanes of recouerie were thought most competible , and so applied in discretion to reduce it by gentle meanes , rather then giue the wholesome blood issue at incisions . but into singularitie more obseruation enquired , prosecuting it in wisdom frō the first schisme to the extreamest heresie . qu. of hit particular proceeding towards these by example of the papists and puritanes , i pray enlarge your proposements , the rather to giue satisfaction to the question had of the sinceritie and constancie of the inquisition into them . ans. because i hope i can not goe beyond my duty and authoritie with their satisfaction , i will intertaine their doubts with the sufficient answere of a letter written to that effect late before hir maiesties death : as followeth . a letter to a french gentleman touching the proceedings in england in ecclesasticall causes translated out of french by t. t. sir , wheras you desire to be aduertized touching the proceedings here in ecclesiasticall causes , because you note in them some inconstancie and variation , as if we enclined sometimes to one side , and sometimes to an other , and as if that clemency and lenity were not vsed of late that was vsed in the beginning , all which you imputed to your owne superficiall vnderstanding of the affaires of this state , hauing notwithstanding hir maiesties doings in singular reuerence , as the reall pledges which shee hath giuen vnto the world of hir sinceritie in religion , and of hir wisdome in gouernment well meriteth , i am glad of the occasion to imparte the little i knowe in that matter vnto you , both for your owne satisfaction , and to the end you may make vse therof towards any that shall not be so modestly , nor so reasonably minded , as you are . i finde therfore hir maiesties proceedings to haue bin grounded vpon two principles . the one : that consciences are not to be forced , but to be wonne and reduced by the force of truth with the ayde of time , and the vse of all good meanes of instruction and perswasion : the other , that causes of conscience , when they exceede their boundes , and grow to be matter of faction , loose their nature , and that soueraigne princes ought distinctly to punish the practise in contempt , though coloured with the pretence of conscience and religion . according to these principles her maiestie , at her comming to the crowne vtterly disliking of the tyranny of rome , which had vsed by terrour and rigour to seeke commaundement of mens faiths and consciences , though as a prince of great wisdome & magnanimitie she suffred but the exercise of one religion , yet hir proceedings towards the papists was with great lenitie , expecting the good effects which time might worke in them . and therfore hir maiestie reuiued not the lawes made in the . and . of hir fathers raigne , wherby the oath of supremacie might haue bin offered at the kings pleasure to any subiect though hee kept his conscience neuer so modestly to himselfe , & the refusall to take the same oath without farther circumstances , was made treason : but contrariwise , hir maiestie not liking to make windowes into mens harts and secret thoughts , except the aboundance of them did ouerflowe into ouerte and expresse acts or affirmations , tempered hir lawe so as it restraineth only manifest disobedience in impugning and impeaching aduisedly and malitiously hir maiesties supreame power and maintaining and extolling a forraigne iurisdiction : and as for the oath , it was altered by hir maiestie into a more gratefull forme ▪ the harshnes of the name , and appellation of supreame head was remoued , & the penalty of the refusall therof turned onely into a disablement to take any promotion , or to exercise any charge ; and yet that with libertie of being reuested therin , if any man shall accept thereof during his life . but after , when pius quintus had excommunicated hir maiestie , and the bull of excommunication was published in london , wherby hir maiestie was in sorte proscribed and that theruppon , as vppon a principall motiue or preparatiue followed the rebellion in the north : yet because the ill humors of the realme were by that rebellion partly purged , and that she feared at that time no forraigne inuasion , and much lesse the attempt of any within the realme not backed by some potent succoure from without , she contented hirselfe to make a lawe against that speciall case of bringing in , or publishing of bulls , or the like instruments : whereunto was added , a prohibition , vppon paine , not of treason , but of an inferior degree of punishment against the bringing in of the agnus dei , halowed bread , and such other merchandize of rome , as are well knowne not to be any essentiall partes of the romane religion ▪ but onely to be vsed in practi●e as loue-tokens to inchaunt and bewitch the peoples affections from their allegeance to their naturall soueraigne . in all other points hir maiestie continued hir former lenitie . but when about the twentieth yeare of hir raigne shee had discouered in the king of spaine an intention to inuade hir dominions , and that a principall point of the plotte was to prepare a partie with in the realme that might adhere to the forreiner , and that the seminaries began to blossome and to send forth dayly priests and professed men , who should , by vow taken at shrift , reconcile her subiects from their obedience , yea and binde many of them to attempt against her maiesties sacred person , and that by the poyson which they spred , the humors of most papists were altered , and that they were no more papists in conscience and of softenes , but papists in faction ; then were there newe lawes made for the punishment of such as should submitte them selues to such reconcilements or renuntiations of obedience ▪ and because it was a treason carried in the clowdes and in wonderfull secrecie , and came seldome to light , and that there was no presumption thereof so great as the recusancie to come to diuine seruice : because it was sette downe by their decrees . that , to come to church before reconcilement , 〈◊〉 〈◊〉 schisme : but ; to come to church after 〈◊〉 , was absolutely hereticall and damnable . therefore there were added lawes containing punishment pecuniarie against such recusants , not to enforce consciences , but to infeeble and impouerish the meanes of those of whom it rested indifferent and ambiguous , whether they were reconciled , or no. and when not withstanding all this prouision , this poyson was dispersed so secretly , as that there was no meanes to stay it but by restraining the merchants that brought it in . then lastly , was there added a lawe whereby such seditious priests of the new erection were exiled ; and those that were at that 〈◊〉 within the land shipped ouer , and so commanded to keepe hence vpon paine of treason . this hath beene the proceeding , though intermingled , not only with sundrie examples of hir maiesties grace towards such as in hir wisdome she knewe to be papists in conscience , and not in faction and sigularitie ; but also with an ordinarie mitigation towards the offenders in the highest degree conuicted by lawe : if they would but protest ▪ that if in case this realme should be inuaded with a forreine armie by the popes authoritie , for the catholique cause , ( as they terme it ) they would take part with hir maiestie , and not adhere to hir enemies . for the other part which haue bin offensiue to the state , though in other degree , which name themselues reformers , and we commonly call puritanes ; this hath bin the proceeding towards them . a great while when they inueighed against such abuses in the church , as , pluralities , nonresidence , & the like ; their zeale was not condemned , only their violence was somtimes censured . when they refused the vse of some ceremonies and rites , as superstitious , they were tollerated with much con●iuence , and gentlenes : yea , when they called in question the superioritie of bishops , and pretended to bring a democracie into the church ; yet , their propositions were heard , considered , and by contrarie writing , debated , and discussed . yet all this while , it was perceiued that their course was dangerous , and very popular : as , because papistrie was odious , therefore it was euer in their mouthes , that they sought to purge the church from the reliques of papistrie , a thing acceptable to the people , who loue euer to run from one extreame , to an other . because multitude of rogues ▪ and pouertie were an eye-soare , and dislike to euerie man , therefore they put it into the peoples head : that , if discipline were planted , there should be no vagabonds , nor beggers ( a thing very plausible . ) and in like manner , they promised the people many other impossible wonders of their discipline . besides , they opened the people a way to gouernment by their consistorie , and praesbyterie ( a thing though in consequēce no lesse praeiudiciall to the liberties of priuate men , then to the soueraignty of princes , yet in first shew very popular . neuerthelesse all this ( except it were in some few that entered into extreame contempts ) was borne , because they pretended but in dutifull maner to make propositions and to leaue it to the prouidence of god , and the authoritie of the magistrate . but now of late yeares , when there issued from them as it were a colonie of those that affirmed the consent of the magistrate was not to be attended , when vnder pretence of a confession , to auoide slaunders and imputations , they combined themselues by classes and subscriptions , when they descended into that vile & base meanes of defacing the gouernment of the church by rediculous pasqu●ls . when they beganne to make many subiects in doubt to take an oath , which is one of the fundamentall parts of iustice in this land and in all places . when they beganne both to vaunt of the strength and number of their partizans , and followers , and to vse communications that their cause would preuaile , though with vproare and violence . then it appeared to be no more zeale , no more conscience , but meere faction and diuision : and therefore though the state was compelled to hold somewhat a harder hand to restraine them then before ; yet it was with as great moderation as the peace of the church and state could permitte . and therefore sir ( to conclude ) consider vprightly of these matters , and you shall see her maiestie is no temporizer in religion ; she buildes not religion vpon policie , but policie vpon religion ; it is not the successe abroade , nor the change of seruants here at home can alter her , onely as the things themselues alter , so she applieth hir religious wisdome to correspond vnto them , still retaining the two rules before mentioned , in dealing tenderly with consciences , & yet in discouering faction from conscience , & softnes from singularitie . farewell . your louing friend t. p. the other kinde of softnesse in mortall behauiour , because it had no such eagernesse in it , as might it time vnquallifie the generall temperament , was measured aduisedly by his owne length and breadth : it had ceremony of an implicite law and custome of a modest liberty . singularity in artes , because it needed no other penance but the world to haue knowledge of it , to be the signe of a too soone mellowed wit , to be as soone rotten , was therefore limed with no other circumuention . ambition in artes , such as tended to induce the heresie of religion , suffered vnder the same letter of the law with it : it was onely the modesty of the law-giuer not to prohibite that which her charitie denied her to suspect , as an ambition so infinite and beyond extreames , as is atheisme , which in the most presumption broake but out in positions of philosophie , and that for disputations cause , or so . your singularity of fashion , was such an vncertaine fellow , that no law , nor good opinion could euer take hold of him . next , your malecontent exprest , had leaue to walke the great conduite court of the world , till hee wanted breath to giue curses their significant found , vnlesse it chanced the wantons to wash out the face-making flie stingde giddinesse before his cew . lastly , as i cannot excuse singularity of custome better then by ascribing it to the iniquitie of the times past so . i will not wish it worse then to be so reformed in times to come , that proteus may haue but one certaine shape , and plumpe lya●● one ivie bush . euen here at the habite of anticustome , thus farre crept in vpon seeming good and lawfull inducements , was the most extensure of security , her maiestie euen now in health , and euen now shee sickened when her fulnesse had all these fortunate moles vpon it , when , softnesse had safety to liue out of vse . when , religion had time to be factious . when , artes had straines of affectation . and when , wit was ambitious of singularity . all which are the manifest signes of a full and fortunate weale . quest. i belieue you haue omitted one and the chiefe kinde of a habite of security : inoculate security : that which neuer lookes behinde him : neuer studies to futuritie , vnlesse you implide it in softnesse of custome ? ans. i did so , as it was improuidence of requisite , and no otherwise : but it seemes you meane security inoculate to the succession , which is as farre from being softnesse in duty , that it is rather the qualitie of 〈◊〉 in the heart of obedience , whereby a man is so securely and wholy dedicated to the present scepter , that he lend no part of this dutie to the next succession . for the greatest duty which wee owe to succession , next prayer , is , to instruct , ourselues modestly in his title , for our confirmation and assurance , that our liues , laide downe in his cause , and , when his time shall require , are a sacrifice : and the bloud otherwise , spent otherwise : the next is , if god haue endued him with singular gifts , to set them before vs for our comfort . and whatsoeuer is more then this is superarrogation of workes , which oftentimes want their faith . i speake not this , to accuse any such , but to excuse the most . or rather , it seemes you cast out this baite , to catch an vnaduised answere , à contrarie , as if you would tendetly leade me to say , that among a people of fufill and insinuating behauior there all wayes hath beene , and euer will be , transposition of duty , while there is possibility of change . i thinke i may speake it generally , reseruing safely my faith of the present excepted state . all imminence of change , or age suspected , yeelds cold affectious , awefulnesse neglected , and euery scepters yeares weares out his gold : but this of iames wrought out of purest mold . to whose cleere radiance being so diuine , all subiects eyes looke forward , 〈◊〉 behinde , and wish we may enioy those beames of his , while time hath when to be , or being is . your last question hath discontinued me longer from englands most softe of securitie , th●n i purposed . but i hope all is well till wee come euer heere where hir maiestie sickened . the distractions during hir maiesties sicknes . the first newes the 〈◊〉 had of hir sicknesse came from 〈◊〉 by one oliuer sharke a sculler & was deliuered with other certain pr●ua●t accordingly ▪ before this newes was stale came a taile of fresh sammon to countermand it with other certaine newes of a something nothing , and a priest that was neither dead nor aliue , but suspended betwixt both . but the meate that this newes carried in the mouth of it , hauing taken winde in the seasoning was solde two dayes after at the bridge-house in southwarke for little or nothing . the appetite of the vulgar was not so queasie but it would rather call againe for the first dish , than turne gordge to the tainte of the latter ; and now againe hir maiesties sickenesse was altogether in their priuate cuppes : for as yet it was but priuate , and that onely in the ci●tie● till anon after , tweedle the tab●rer chanc'd to carry it piping hote into the country , and what marvellous distractions it wrought in both , i shall briefely discourse vnto you . yet the newes past but betwixt neighbours and familiars , onely for intertainement of time and exercise of secrecie , or so . the first newes only prepared them to belieue the second affirmations , whereof the next tidings presently possest them : for indeede , the vulgare faith is all possession ; and now there wanted nothing to transport and distract them , but the many differing circumstances of the oft repeated newes . quest. and could that be wanting in a world so ambitious of innouation ? were there none that would lend a hand to vnhinge the stalenesse of it with the important circumstances that should attend this sicknes ? ans. 〈…〉 were either such as to whom their present discontentment , either the hope of reuenge or aduancement made it seeme stale . these only laboured to draw the vulgar into distraction knowing them to be of such facilitie therin , that they would dissolue againe in the feare of eruption . and now , when this third dayes asseueration to the former with all the circumstances that midnights aduise could adde vnto i● had full effect in them , they were distracted . the poorer sorte , lest their securitie and fashion of living should be disturbed by the eruption . the richer sorte , lest the eruption should bring a generall embargo of trafique abroad● ▪ and domestical credits or debts depending in other mens hands at 〈◊〉 . quest. then , if their distractions could reserue to feare and that feare recouer some parte of it selfe into the studie of preuention . let me knowe how farre it could reach his meanes at such a time , or whether by striuing to be freed it was not more engaged ? ans. of these two the first onely was lost in the act of study . the other being loath to out-steppe the sure and slow modestie of his discretion embraced onely the next meanes which offered themselues to his aduise : that was to proceede lawfully while time yet serued in quest of debts at home , and to dispatch an expeditious summons to factors abroad . this intendment of lawefull quest put hope of reuenge vpon creditors , for at such a time a man shall finde none so great an enimie as his debitor , to a farther taske , for his owne securitie , which would not be better preserued than by abating the edge of iustice with a constant report of her maiesties death . this was presently snacht of maney . the more beleeued , by how much the more was the nicenes had of it : and the rather , because the voyce of hir sickenesse had now depended among them three or foure dayes at least . for it is not the intention or remission of a thing already granted , but the degrees of time , wherein it depends perswades the vulgar beliefe in extreames . this opinion of the commons , especially those of the citie , was as , the next dayes busines gaue occasion , in guildhall , in sollide sentence re-enforced and had , no doubt , giuen way to the 〈◊〉 in a reuerence of the speaker but for suggestion of desire of innouation , who still tooke vp their parts of facilitie as they lay for his vse and imployments , of which none was so fitte in this place as his suspition ouer greatnesse and nobilitie vppon some superficiall surmizes , which turned his speech into a greater argument of their former presumption , so that here i may well say with the poet . — agitatas vrere 〈◊〉 & vidi nullo con●●●●●te mari . the which our english ouid hath thus translated , the more i waue this brand of fire about , the more it burnes , fire let alone goes out . and though it were in their presumption already , to beleeue the reporte of her death , yet feare , and the habite of obedience vnder a long establisht and ciuill gouernment commaunded their humilitie , not to publish it ; till when , the inferior officer of iustice , though hee made some scruple ( as was craftily put vnto him ) to do the most that the vertue of his office would beare , yet he would still be foyling at transgression , as occasion serued , and till then the creditor durst be so valiant as to acknowledge , yea and to challenge his debtor . my selfe knew a mercer of the spirit in those dayes to send his wife with the booke to a right honourable , whose chance it being to ouertake me vpon my way , bespake me for one of his followers , that had serued him seauen yeares to know his 〈◊〉 〈◊〉 the order , to dispose her , where she might accost his 〈◊〉 〈◊〉 most conueniently , excepting onely his bedch●●●er , for to haue audience there , her author sayes is a note of 〈◊〉 great popularitie ; to auoide which , it is his custome to be attended in the drawing chamber , which mee thinkes should be a note more then woman-modesty would beare : and of this , too much for the valour of the creditor , while she was dead in their whisperings . hitherto the vulgar descerning no alteration in the method of the world , such as vses to followe the death of princes , and no breath vsed to mainteine the fire of beliefe by the suspected endeuor of suppressing it , grew to be so remisse in the delay , that his whilome impatience became a thing like a reasonable creature , so like , that shortly the commaundement of certaine the 〈◊〉 phisitions to be sent to court , made them once more affable , so affable , that he could haue endured the discourse of the measure of hir diet , the manner of hir rest , or the nature of hir sicknes with some few breathings betwixt : whereby it appeares hetherto , yea vnto the end : the habite of a ciuil gouernment had his challenge in them entire , and that hetherto the disease of stalenesse lay soft in his owne bosome . qu. me thinkes a habite at such a time as this was , could not so wholy retaine them , without the better and much more then ordinary inuigilance of office ? ans. sir , i make habite of obedience , the nature of his tenure , and the present circumstances of the time , his conditions with the gouernment ; so that , these times being so incertaine and quicke in their circumstances , that they could not be measured with conditions , i thinke i may without detraction from office attribute the continence of them to habite , of obedience chiefly . once more laying aparte all surmises , it was in cleere eloquence ( prouided it were from the mouth of their owne oratour ) and in gentle meanes , though not to giue their affections peace , yet to compresse them from breaking out into looser speaking , which is alwayes the certaine message of mutinie . quest. as if the priuate example of punishment had , were not rather to be vsed at such times , then gentle meanes to the vulgar , in whom admiration and feare of iustice haue such simpathie and relatiue suffering . an. it were in composed times ; but not here : for knowe . this vulgar's like a skaine of many threds running into a rownd and looser liste , it rauels , and it opens ere ye wiste . plucke at the single threds with violence , it puckers to a knotty consequence : when with a gentle shaking of the 〈◊〉 the hardest knots vnt wine themselues againe . yea the very rage of humilitie , though it be most violent , and dangerous : yet it is sooner alliciated by ceremony than compelled by vertue of office . th' extreamest vassallage enlarg'd acquires the most insatiate and licentious head whose giddinesse like to a drunken man is sooner pacified than chastized . it would be pacified in the present fury , and afterwards in his time chastizement would be taken of the first and chiefe commencers therof : but in this place they could not be so loose of obedience for the reasons before going . anon : for all this , i know not vpon what admonition of circumstances , there chancing certaine munition to be carried through the citty to the court , and other carriages retriued from thence to the towre ; the vulgar began to finde fault with his owne flexibilitie of beliefe , vowing no longer to suffer his eares to be taken vp with any other perswasion but that of her death , nor to deferre any farther his instance taking from the court , but to be presently appointed vpon his double guardes . and here distraction had his ancient cognisance of bilbo : passant , and lanthorne and candlelight pendant . and euen here it rusht into the suspition of apparant succession approaching . quest. then , the out-breaking was not till now ? because nothing could diuide them so much as the question thereof ? answ. nor yet : for it was a question , not in faith ; but in workes ; or rather ceremony of knowledge thereof had , to which it had beene so long enawde , that it was in their disposition , and nature to feare to speake it before the very aiax in the painted cloth . it was no violent sweat in their affections to attend the prouidence of god , the goodnesse of the houre , and the due consent of the nobilitie . these former signes of eruption to be suspected , at least did here dead , the quicknes of all sale and commerce . so that the trades man and the man of science mercenable gaue that time to hearing & retailing of newes which belongd heretofore to the care of his charge . why ? there was such pursuite after newes , that whole houses stood as naked as newington buttes , and no body to giue a man a reasonable answere at doore but my true and naturall bilbo : which i could haue best allowed , if it had beene at a constables doore , for it must needes be there most safe : because the stockes neuer stand farre off : and both together are like a cuppe of good wine at the counter gate in the powltry where a good fellow dares not come to commend it , or rather like a prouost marshall at a misers feast , where beggers dare not attend it . ouer the common application of these saide signes , came his degrees of time , which by this , brought suspition into expectation of change ; after which discontentment thirsted , prisons yawnde , the skirts of the suburbs longde , and hope of reuenge did inuocate , yet all was spe macra ( as persuis speakes ) for still iustice was foyling as occasion serude . occasion serude this day the next before her death , to put into safe custodie your onely honest dicke termde captaine , for making fencers breakefasts as hee was passing vpon his way to take instruction from some coopers boy where the citties prouision was stored , or such like businesse of importe , i gesse for caution to such as it concernes to be more carefull , whom they imploy in the lodging thereof . notwithstanding , my captaines late mischance this very same day , such as had smoakte out the memory of them in bankeside tappehouses and bartholmew boothes , were seene abroad at high noone ; all , in expectation of executions or imployments at least . quest. you shall doe well to make the description of the day somewhat more cinct then the subiect ministers vnto you , and to close it vp with the setting of the fairest star in the farthest west : euen with the eues euening to her death ▪ in which , if there be familiaritie betwixt heauens & mortalitie , i should especially looke for manifestation therof by such signes whose reasons stand without the mystery of your philosophie ? answ. besides , that i am so farre from being scrupulous therein , that onely excepting against some absurdities founded vpon it , i repute it a necessary instrument of prouidence i assure you that such signes of promotion to come from the north , askt the astonishment of this frailtie , and these organs affixt vnto them . this night , i know not by what vnknowne familiarity ; amazement vsurpt vpon all sences , and more then wonted weight sate vpon all eyes . this night , the trauailer as aduised vpon some gaine-giuing , reposde himselfe before his houre , and the watchman , whom the businesse of the night had tooke vp , seemed to walke his round in some vnfrequented place , so full of sollitude was that night , labouring of that consummation , whereof this next morning was deliuered : when euery starre hastened to be quencht in his owne dew . her liues familiar starre did shoote and fall , the fairest one the heauens were grac't withall . quest. what could now obsist ( her death being granted ) why , betweene it and the succession proclaymed , humilitie should not put off his habite of awefulnesse , and like a full eyde faulcon take impatience of handing ? why should not this intermission complaine her old agreemences ? or rather , why should it not actuate whatsoeuer the former times had tooke to hart ? answ. because the newes thereof had the same wing with the best expedition of publishing the succession . or say , the present ruines of maiestie , detaining yet the pieres conscript in the spectacle , had giuen the speaking message of her death the first statte , and preoccupation of eares , yet it being long since registred in the vulgar faith , could not now with all his comment of circumstances take off the foreskinne which had euen ouergrowne the memory of her : for his faith was long since made so yeelding vnto it , that no new force , or concussion of lowde reporte , but onely lenitiue meanes could giue quickenes to the griefe of it , being so much stupefied & blunted with depending , as the sense of his expectation of change with vse , now nothing but euident romage , and the inuersion of the generall methode could be violent in their affections ; so much their feare was ouerlaide with delay . for take notice , that this vulgar is not to be preparde to any thing by any , but by kingly power : it is an extemporall creature , and certaine in nothing but his habite . while englands maiestie was very early this morning about to be transposed , did discontentment fretting vppon protraction resolue at length , because the sere of the commons according to the ayres subtiltie would not take to be deliberately kindled into rage to lift vp his burthen vppon his owne shoulders , and to set the first hand that should euen dislocate this stale world locallie ; so eagerly it distasted him , promising to him selfe an assurance of buyng backe their duties by the offered prey into which his facinorous example should not faile to engage them ; when to secure themselues for that offence , no treason is too darke to be commenc't . and now as the hand of discontentment was vp-lifted , when reuenge lookt big vpon his creditor , and the rich man feared to carry his throate about him . the blessednesse of the houre , admonisht by signes from heauen , and consciences on earth to proclaime king iames of england the first , composde as sodainely , as sollidly euen all the distractions of our scaene : at which did discontentment giue this desperate farewell to all his hopes . the newes is good thus , and good otherwise : what needes he feare to fall ne'r hopes to rise ? quest. sir now you haue digested the fractions of those dayes remotion so compendiously as these few , the appertment words and the patience of your hearer could beare , i desire you before you speake of the scottish englishing which i take to be the maine drift of your exercise , to offer by the way at her exequies , who was sometimes the fire , the numbers , the genius , the any thing , eliza of poesie , the same , sometimes . musa potens musis , dijs dea dia deabus , angelica angelicis , nimphaque chorà choris . answ. because i would haue you thinke you cannot doe me more acceptable imposition , you shall receiue it at once in these few lines following . the offering . little wonder thou shouldst die , though thy meanes were great in flying : greatnesse shall i tell thee why , longest lifed is longest dying , and if both at once began , who would wonder at thee than ? nothing strange to be sufficed , after kingdomes left behinde thee , and so much by thee demized with this little to confine thee , for thy story ne're makes mention , appetence had more intention , tell thou to others that their ends must haue , for all their kingdomes but one little graue . uixit atqúe moritura eliza. quest. is this all she shall haue ? why i expected a vollume of your melpomene bound vp in the very vampe of hir buskine with prety passionate speeches in a new streine , and an inuocation that should haue drawne drie the very hoofes of your flying horse in friday-streete ; as thus . admetus dairie maide come feede thy neame , come bring apollo curds and clowted creame . but indeede , indeede , this is all in all , for true griefe would not be commended for action , it is so much in suffering : it would be ceremonious , not affected ? answ. at least sir i am sure , there is no more sinceritie in these few lines , then i am able to quote vppon a masse of her flatterers : for who would beleeue it ? that hee which was wont to set a worlds distinction betwixt her and mortahtie , should now come after , and say she went the way of all flesh ? or , is it possible ? that the same anti-corbulo that hath so often prayed , he might neuer liue to see that day should be so good to his phisition now ? i see the reason of it , the quench't fire made the old wife giue o're her tale ; and there she lost it . the scottish englishing . question . now you haue broght me to the restitution of the times harmony , i thinke it not amis to close vp your discourse with the scottish englishing , or the vniting of both nations , that first , implying his maiesties prerogatiue therein , in his title deriued from henry the third : you come briefly to the discussing of the inherence vppon these two questions . the first , whether there be an aptnesse in these two to be reconciled and made one ? the second , whether being now made one , there may be meanes vsed to preserue that consent and vnitie euerlastingly ? the first question is onely of their mutuall accommodation thereunto ? the second question is onely of secondary meanes , whether there be such as might vphold in all & like contentment , the liberties , reputations , and benefit of both ? besides that i confesse , we ought in duty to obserue his maiesties decrees whatsoeuer , prouided in that behalfe without farther studie to our satisfaction . of these two in the second place , and at the first sight somewhat be spoken wi●h a breath soaring in a midle region , neither deprest to the earth of your selfe extraduced , neither ascending to paint the face of the times best fauorites auro ouato with flattery ? answ. in the first place that i may onely differ in mine authoritie from the rest of my countrie men , giue mee leaue to deriue his maiestie by the history of the royall house of england , written in italian by petruccius vbaldine cyttadine of florence for the indifferencie of his nation , and the reuerence of his testimony , who liued lately among vs , translated by his owne manuscript , and briefly abridged , as concerning our purpose onely , as followeth . the deuision of the koyall house of england had his originall from the sonnes of henry the third , edward and edmund : it hath beene supposed by some that edmund was the elder , and being crooked , edward was preferred the easier before him , which suggestion henry the fourth vsed to colour his vsurpation of the crowne vpon richard the second . this faction after it burst out , caused bloody warres in england , either house prosecuting the other to the destruction of them both ; the possession of the crowne remaining to either according to their force , the fortune and fauor of the time . this controuersie after god had made vse therein to manifest his iust punishment of edward the fourth in his children , for his cruelty towards henry the sixt , and edward his sonne , together with some periuries that the histories impose vpon him and his vnnaturall dealing towards his brother clarence , was by the plotte of morton bishop of elie taken away in the performance of that oath which he tooke of henry of richmond of the house of lancaster , to marry with elizabeth the sole heire of the contrary house , after the tyrant richard slaine in battaile . of this henry the seauenth came henry the eight with his sisters , the eldest of which being named margaret , king henry the seauenth in his spirit of prophecie , wherein he had a peculiar potencie ( as the history of his dying makes mention ) and in his prouidence of reducing the two kingdomes of england and scotland into one entire monarchie , as his owne hand writing left behinde him can sufficiently testifie , did match with the scepter of scotland , from whence both by father and mother after the issue of henry the eight , now extinct is deriued king iames of both kingdomes the immediate successor : who for the constancie of his fauours , his inappetence of new purchase , and his care of husbanding the meanes of all his dominions for their owne good and preseruation , is liuely modeled by his grandfather henry the seauenth , whose example vbaldine commendeth to his successours for the best forme of administring the commonwealth abroad , and the houshold at home : in his dayes the nobilitie wonted not to procure accesse through inferiour aduocation , nor the fabij to haue their cause solicited by vinius bondman , or nimphidius verlottes , the commons were yet inuited to contributions , but came freely , nor the exchequer was euer better stored with the proper reuenew , and the exhibition of those offices which belonging thereunto , were confer'd vpon the ministers which should execuse them with his owne immediate hand , the neglect whereof hath beene the cause of all the abuses of office in this land , when his patent must come through so many aduocating hands . quest. now you haue sufficiently implide in the title his prerogatiue of vniting these two kingdomes , warranted and instanced both out of holy writ , and traditionall reporte of scepters long since translated with their whole tribes and families , i desire you to come to the question of their aptnesse thereunto in the second place ? answ. to prooue an aptnesse in the scot to incorporate with the english , let me tell you what kinde of aptnesse is required in this place . for aptnesse of agreeing is either in substance or beautie . and because there is a generall aptnesse , or an aptnesse in substance , euen in the scithian to incorporate with any the most ciuill nation , that is , hauing in his reasonable soule matter malleable therunto , without farther immoration vpon it , i lay the present proofe in aptnesse of the beautie of their maners , lawes , and language . of which the beautie is to be tried and examined by these his two trialls , delight and similitude . that his maners haue complacence & similitude of beauty with ours of the english in religious maners it appeares . it being only conformable with the english. both which the other world remooued aparte makes seeme one cittie vpon a hill . in conuersation he delights vs the more by how much the liuelier he onely expresseth our endeuors , and our principles whereby there is discerned a mutuall aptnesse , and inclination in both , owing our duties to the same scepter to become one entire , and vndistinct monarchie . of lawes , ( law ye fir ) iustine sayes there is no difference so long as they agree in the fundamentall parts , being executed per eos legis peritos qui sunt honesti , studiosi iustitia , non anari , &c. it is some thing in latine , which i can not translate into english i assure you sir. of language because the difference is but this , that the english is like a denshire carsie after fulling set out with all the arte of draperie to giue it grace and glosse . and the scottish vnstarcht with inkehorne , stage suiting conscisenesse it can not choose but delight the english orator for firmnesse and soliditie , hauing much cleanenesse and puritie in the written letter , the poet for descant vppon the first eliments of his naturall phrasing ; and both for very aptnes and consimilitie of sentence . now for the preseruing of this vnion the secondarie meanes which occurre are either , free meanes , or obligatory and lesse free . the free meanes are these , election and confidence . first by election we shine in humanitie to select his strangenesse into fellowship of exercising and businessing : wherein ; by desiring him well we shall duly erogate the like from him . the next is to be confident in onr election when wee excercise or businesse with him , in freenesse of spirite apertly ; not curiously with obseruing into him : wherby we shall challenge to discouer in his generous expansure ( i speak of their gentry chiefly ) much cause of delight in our choice , by the plentifull accommodation of his parts in conuerse . i call these free meanes because they proceed only of libeberall education & nobilitie in nature , which are by these two signes to be distinguished from such soules as are conditions , slaues . the obligatorie or lesser liberall meanes , next vnder the lawes , are in conditions of commercement , seales of marriage , and bonds of duty . first , in commercement , when our thrift is implied and promised to ourbusinesse with him ( as no dubt but it carrieth such profite with it as shall vphold the benefite of either in all and like contentment . secondly in marriage , which being now sealed betwixt the sons and daughters , of either is obligatory in nature after consummation , and before in couenant for the most part . if otherwise , it is a free meanes : howsoeuer , it makes no lesse alike the liberties and reputations of either than election and confidence in the ●●●●st converse that may be . wherefore i commend it to both hauing such pregnant aptnes vpon their complexions and in then dispositions therevnto for the best meanes of incorporating and preseruing this vnion euerlastingly . lastly , in duty , and to this we are whipt & led by the animall motion of like for like , in liberties in reputations , and in benefite : where there is no difference ( if so please his maiestie ) of franchisement ; none of heraldry , nor yet of marte ; both being within the same ocean both one monarchie , and one citty vpon a hill , without confusion of manners , lawes or language . of this vnion , and consent : to conclude with this small taste of the times felicitie , i thinke it no giddie rapture in mee to diuine . may both swell in one maine , and neither fall : that sea will stretch to romes high capitall . finis . to the vnparaleld blesst disposition the lady elizabeth bridges . that thou art faire , because thou would'st not know it , my verse shall be no flattering glasse to show it . th' art free from conflicts with the blood of sense : experience too , bids that doubt space expence . then , where is 't i am deteined ? chaste 〈◊〉 , selfe owning beauteous , be benign● as we are dueteous ; reede our line , and loue vnfeined . t. p. to the noble gentleman , sir thomas kneuet . this would thy mistris once bespeake thy merite , not with any breath of liver : had i a child that challeng'd to inherite more then scepter holds togither . euen such blesst issue might aswell be ▪ seeme brought vp by kneuet , as borne of a queene . and thus , vnto thy censure now speake i , ( humbler affectation suiting . ) the fayrest issue of our nurserie , i ft deserue that names reputing , thinkes greater fame than this cannot succeede it , the wisest kneuet doth vouchsafe to reed it . t. p. to the right worshipfull sir edward dyer . this which i bring thee is no ilias writ in veratrum drunken giddinesse : yet in the stufffings of our legends masse , it is not to conceite in most recesse , nor honours it with the most humble knee , though it 's vnsinewed to fall vnder thee . t. p. angliæ notitia, or the present state of england together with divers reflections upon the antient state thereof. angliae notitia. part chamberlayne, edward, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing c estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) angliæ notitia, or the present state of england together with divers reflections upon the antient state thereof. angliae notitia. part chamberlayne, edward, - . [ ], p. in the savoy, printed by t.n. for john martyn, and are to be sold at the sign of the bell without temple-bar, [london] : . by edward chamberlayne. running title reads: the present state of england. two more parts were issued subsequently. n.b.: wing c a and c are not by chamberlayne and are supplements to rather than part of "angliae notitia". reproduction of the original in the british library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge 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where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng great britain -- description and travel -- - -- early works to . great britain -- politics and government -- early works to . - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - jonathan blaney sampled and proofread - jonathan blaney text and markup reviewed and edited - pfs batch review (qc) and xml conversion angliae notitia , or the present state of england : together with divers reflections upon the antient state thereof . in magnis voluisse sat est — in the savoy , printed by t. n. for john martyn , and are to be sold at the sign of the bell without temple-bar , . to the reader . in this small treatise the reader may not reasonably expect to have his fancy much delighted , ( ornari res ipsa negat , contenta doceri● ) but only to have his understanding informed ; and therefore the author hath industriously avoided all curious flowers of rhetorick , and made it his whole business to feed his reader with abundant variety of excellent fruits . here are interspersed some observations , which though already known to many english men , yet may be unknown to most strangers and forreigners , for the information of whom this book is secondarily intended ; and for that end will shortly be translated into the french tongue ; whereby may be extinguisht in some measure the thirst which forreigners generally have to know the present state of this considerable monarchy . although the main aim is to inform all men of the present state of this kingdom , yet divers reflections are made upon the past state thereof , that so by comparing that with the present , some men may thereby not only be moved to endeavour the restauration of what was heretofore better , and the abolition of what is now worse ; but also in some measure may fore-see without consulting our astrologers and apocalytick men , what will be the future state of this nation : according to that excellent saying , qui respicit praeterita & inspicit praesentia , prospicit etiam & futura . a good historian by running back to ages past , and by standing still and viewing the present times , and comparing the one with the other , may then run forward , and give a verdict of the state almost prophetick . in the many reflections upon the antient state of england , frequent use is made of divers grave authors , as of horn in his mirror of justice , of glanvile , bracton , britton , fortescue , linwood , stamford , smith , cosens , camden , cook , spelman , selden , &c. and for the present state , consultation was had with several eminently learned personages yet living , to the end that the reader might receive at least some satisfaction in every particular , without the trouble and charges of a great library . and as the author doth sometimes use both the words of the living and the writings ▪ of the dead , without quoting any , to avoid ostentation ; so he hopes that this ingenuous confession being made at first , no man will be offended though he give no notice when the observation is theirs , and when it is his own ; having taken special care that both in theirs and in his own , there should be nothing but the truth : so that although the reader not perceiving every where by what authority divers things are averred , may be apt to suspect that some things are gratis dicta , yet if it shall please him to make search , he will find that generally they are vere & cum authoritate dicta . however in a subject so multiform as this , where so many marks are aimed at , no wonder if in some the author hath not hit the white ; but wheresoever it was missed , it is not perhaps much wide there-from ; and if in any thing by mis-information or mis-observation there be any palpable mistake ( as humanum est errare ) it shall in the next impression be duly corrected , if any reader will be so cou●teous as to advertise either the author , the printer , or publisher , by letter or otherwise . brevity and a laconique stile is aimed at all along , that so there might be magnum in parvo , that it might be mole minimus , though re magnus ; that the whole state of england might be seen at once , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , or as in a map ; that as it will be a necessary book for all englishmen at all times : so every one might without trouble alwayes carry it about with him as a companion to consult upon all occasions . mistakes in printing to be corrected thus : pag. . line . read complexion . p. . l. . bl●● out nightingales , and l. . adde rie . p. . l. . blot out snipes . p. . l. . adde it wants not 〈◊〉 bat●s , and abounds in m●dicinal springs . p. . l ▪ . r. had . p. . l ▪ . r. treaties . p ▪ . l. . r. th ▪ p. . l. . make a cross within the circle . p. . l. . r. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 for 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 p. . l. . r. dominium . p. . l. . r. lieu. p. . l. . r. eslire . p. . l. . r. dominium . p. . l. . r. vice ▪ ii . p. l. . r. co●sili●● ii . p. ▪ l. . r. thirteenth . p. . l. ▪ r. married to prince william only son to henry , &c. 〈◊〉 ● ▪ l. . r. ▪ ●e●●n . b. . p. . l. . for esses ▪ r. t●● garter . p. . l. . for stool r. stole . p. . l. ● . fo● george d●ke of albemarle , r. george duke o● buckingham . p. . l. . r. lord chamberlain . p. . l. . for crey r. crew . p. . l. . r. saxon● p. . l. . r. william craven . p. . l. . r. audley . p. . l. . blot out richard boyle p. . l. . r ▪ ▪ p. . l. . r. may descend . the contents . of england in general , p. . to p. . and therein , of its name , climat , dimensions , air , soil , commodities , inhabitants , their language , stature , diet , attire , buildings , number , dispositions , vertues , vices , and re●reations . of the weights , measures , and moneys . of the english computation , manner of numbring , names , and surnames . of the government of england in general , p. . of the king of england p. . to p. . and therein of his name , title , arms , patrimony , dominions , person , office , prerogative , power , supremacy , soveraignty , and respeet . of succession to the crown of england , p. . of the kings minority , incapacity , and absence . of the queen of england , p. . of the sons and daughters of england , p. . of the present king of england , p. . to p. . and therein of his name , surname , genealogy , birth , baptisme , education , restauration , marriage , &c. of the present queen of england , p. . of the queen mother , p. . of the present princes and princesses of the blood , p. . to p. . of the great officers of the crown p. . to p. . of the kings court , the ecclesiastical , civil , and military government therein , p. . to p. . of the queen consorts court , p. . of the q. mothers court , p. . of the duke of york's court , p. . of the three states of england , and first of the clergy , p. . to p. . and therein of their dignity , name , and degrees , &c. of the priviledges belonging to the archbishops , p. . of the priviledges belonging to bishops , p. . a catalogue of all the bishops , p. . of the priviledges of the inferior clergy , p. . a catalogue of all the deans of england , p. . of the second state or nobility of england , p. . to p. . and therein of their degrees , priviledges , precedence , state , revenues . &c. p. . a catalogue of all the peers of england according to their precedence , p. . of the third state or commons of england , p. . of knights , esquires , gentlemen , yeomen , citizens , handycrafts , &c. p. . of the liberties and properties of the english subjects , p. . of the women in england , p. . of the children , p. . of the servants , p. . of england . england the better part of the best iland in the whole world antiently with scotland , called britain , and sometimes albion ; was about years after the incarnation of christ ( by special edict of king egbert descended from the angles a people of the lower saxony ) named angle or englelond , thence by the french called angleterre , by the germans engeland , and by the inhabitants england . it is situated between the degrees and longitude , equal with normandy and britany in france , and between and northern latitude , equal with flanders , zeland , holland , lower saxony , and denmark . the longest day in the most northern part is hours minutes , and the shortest hours minutes . it is in length miles , in breadth , in compass ( by reason of the many bayes and promontories ) about miles ; in shape triangular , contains by computation about millions of acres , about the thousandth part of the globe , and d part of the habitable earth , almost ten times as big as the united neatherlands , five times as big as the spanish neatherlands ; less than all italy by almost one half , and in comparison of france is as to . the aire is far more mild and temperate ( if not more healthy ) than any part of the continent under the same climat . by reason of the warm vapours of the sea on every side , and the very often winds from the huge western sea , the cold in winter is less sharp than in some parts of france and italy , though more southern . by reason of the continual blasts from sea , the heat in summer is less scorching than in some parts of the continent , that lies more northern . as in summer the gentle winds and frequent showres qualifie all violent heats and droughts , so in winter the frosts do only meliorate the cultivated soyle , and the snow keep warm the tender plants . it is blessed with a very fertile wholsome soyle , watered abundantly with springs and streams , and in divers parts with great navigable rivers ; few barren mountains or craggy rocks , but generally gentle pleasant hills and fruitful valleys apt for grain , corn , or wood. the excellency of the english soyle may be learnt ( as varro advised of old ) from the complection of the inhabitants ▪ who therein excell all other nations : or else from the high value put upon it by the romans and the saxons , who ●ookt upon it as such a precious ●pot of ground , that they thought it worthy to be fenced ●n like a garden plot with a mighty wall of fourscore miles ●n length , viz. from tinmo●th on the german sea ▪ to solwey frith on the irish sea ( whereby the caledonian bores might be excluded ) and with a monstrous dike of fourscore and ten miles , viz. from the mouth of the river wy to that of the river dee ( whereby the cambrobritan foxes might be kept out ; lastly , ) the excellency of her soyle may also be learnt from those transcendent elogies bestowed on her by antient and modern writers , calling england the granary of the western world , the seat of ceres , &c. that her valleys are like eden , her hills like lebanon , her springs as pisgah , and her rivers as jordan . that she is a paradise of pleasure , and the garden of god. o fortunata & omnibus terris beatior britannia , te omnibus coeli ac soli ditavit natura , tibi nihil inest quod vitae offendat , tibi nihil deest quod vita desiderat ; ita ut alter orbis extra orbem poni ad delicias humani generis videaris . o happy and blessed britanie , above all other countries in the world , nature hath enricht thee with all the blessings of heaven and earth . nothing in thee is hurtful to mankind , nothing wanting in thee that is desirable , in so much that thou seemest another world placed besides , or without the great world , meerly for the delight and pleasure of mankind . as it is divided from the rest of the world , so by reason of its great abundance of all things necessary for the life of man , it may without the contribution of any other part of the world , more easily subsist than any of its neighbouring countries . terra suis contenta bonis , non indiga mercis . first , for food , what plenty every where of sheep , oxen , swine , fallow deer , and coneys , what plenty of hens , ducks , geese , turkeys , swans , peacocks , phesants , partridges , woodcocks , snipes , plovers , quailes , herons , bustards , heath cocks , or grouse thrushes , or throstles , black-birds , veldevers , nightingales , pigeons , and larks . what plenty of salmon , trouts , carps , tench , lampreys , pikes , perches , eeles , crevish , flounders , plaice , shads , mullets . what great abundance of herrings , pilchards , oysters , lobsters , crabs , mackerel , whitings , soles , smelts , sprats , prawnes , ruffes , &c. what great plenty of apples , pears , plums , and cherries . how doth england abound with wheat , barly , pulse , beans , and oates , with excellent butter and cheese , with most sorts of edible roots and herbs . it wants not red deer , hare , goats , &c. it wants not wild-ducks , wild-geese , puffins , snipes , god-wits , and many other kind of sea-fowl . it wants not apricocks , peaches , nectarins , grapes , figgs , melons , quinces , &c. walnuts and hasel-nuts . lastly , for drinks , england abounds with beer , ale , sider , perry , and in some places with metheglin . now of all these things there is such a constant continuance , by reason of the clemency of the climat , that scarce the least famine which frequenteth other countries , hath been felt in england these years . then for rayment , england produceth generally not onely very fine wooll , which makes our cloth more lasting than other countrey cloth , and better conditioned against wind & weather ; but also such great abundance of wooll , that not onely all sorts from the highest to the lowest are clothed therewith ▪ but so much hath been heretofore transported beyond the seas , that in honour of the english wooll , that brough● heretofore such plenty of gol● into the territories of charle● the puissant and bold duke of burgundy ( where the staple for english wooll was then kept● he instituted that famous military order of the golden fleece , a● this day in highest esteem with the whole house of austria ▪ this abundance and cheapness of wooll in england proceeds not onely from the goodness of the soyle , but also from the freedom from wolves and temperateness of heat and cold , which in other countries creates a great charge of a constant guarding their sheep , and housing them by night , and sometimes by day . also for advancing the manufacture of cloth , that necessary earth called fullers earth , is no where else produced in that abundance and excellency as in england . beside , there is in england great plenty of excellent leather for all sorts of uses , nor wants it hemp and flax , at least not ground fit to produce them . for building it wants not timber nor iron , stone nor slate , brick nor tiles , marble nor alablaster , mortar nor lime , &c. lead nor glass . for firing , either wood , sea-coal , or pit-coal , almost every where to be had at reasonable rates . for shipping , no where better oak , no where such knee timber , as they call it or iron to make serviceable and durable guns . for war , for coach , for highway , and hunting , no where such plenty of horses ; also for plow , cart , and carriages : insomuch as mules and asses so generally made use of in france , italy , and spain , are utterly despised in england . moreover , england produceth besides a mighty quantity of tinne , lead , and iron , some brass , copperas , allome , salt , saffron , and divers other beneficial commodities ; it wants not mines of silver , yielding more in their small quantities of ore , and so richer than those of po●osi in the west indies , whence the king of spain hath most of his silver ; those yielding usually but one ounce and a half of silver in one hundred ounces of ore : whereas these in wales , cornwall , lancashire , and the bishoprick of durham , yield ordinarily or ounces per cent. ●ut these lying deep , are hard ●o come unto , and workmen ●ear , which is otherwise in po●osi . vineyards have been hereto●ore common in most of the ●outhern and middle parts of england , and silks might be ●ere produced , as it was once ●esigned by king james ; but a great part of the natives prone to navigation , supplying england at a very cheap rate with all sorts of wine , silks , and all other forreign commodities , it hath been found far better husbandry to employ english ground rather for producing wooll , corn , and cattle , for which it is most proper . in a word , though some countries excel england in some things , yet in general there is no one countrey under heaven whose aire is better stored with birds and fowls , seas and rivers with fishes , fields with all sorts of ●orn , the pastures with cattel , the forests , parks , and woods with wild beasts , onely for recreation and food ; the mines with metals , coals , and other minerals ; where are fewer ravenous and hurtful beasts , fewer venemous serpents or noisome flies ; fewer droughts , inundations , or dearths ; fewer unwholsom serenes , pestilential aires , tempestuous hurricanes , or destructive earthquakes ; lastly , where there is a greater abundance of all things necessary for mans life , and more especially for all kind of food ; insomuch that it hath been judged that there is yearly as much flesh and beer consumed in england by over plentiful tables , as would well serve three times the number of people . add to all this , that being encompassed with the sea and well furnisht with ships and abundance of commodious and excellent havens and ports , it excels for safety and security ( which is no small praise ) all the neighbouring countries , if not all the countries in the world. it hath been possest by five several nations , and coveted by many more , and no wonder so fair and rich a lady should have many lovers , it being a countrey ( as was said of the tree in the midst of paradise ) good for food , pleasant to the eyes , and to be desired ; whereas scotland , wales , biscay , switzerland , and other like countries , continue still in the possession of their aborigines , of the first that laid claim unto them , none since judging it worth their pains to dispossesse them . the first inhabitants of england are believed to be the britains , descended from the ●auls , subdued afterward by ●he romans ; who by reason of ●●eir troubles nearer home , ●ere constrained to abandon this countrey about years af●er christ : whereupon the picts ●ahabitants of scotland , inva●●ng the britains , they call to ●●eir aid the saxons ; who cha●ng away the picts , soon made themselves masters of the britains : but these not able to en●ure the heavy yoke of the ●axons , after many battels and attempts to recover their lost liberties and countrey , retired ●r were driven most of them ●nto the two utmost western ●arren , and mountainous parts of this countrey , called afterwards by the saxons walishland , instead of gaulishland , as the germans still call italy walishland , because inhabited by the cisalpine gauls ; and the french call our countrey of britains , le pais de gales . the saxons solely possest of all the best part of this isle ▪ were for a long time infested , and for some time almost subdued by the danes , and afterwards wholly by the normans , who drave not out the saxons , but mixed with them ; so that the english blood at this day is a mixture chiefly of norma● and saxon , not without 〈◊〉 tincture of danish , romish , and britain blood. the english tongue being a● present much refined , exceedingly copious , expressive , and significant ( by reason of a liberty taken by the natives of borrowing out of all other languages , whatever might conduce thereunto ) is ( as their blood ) a mixture chiefly of the old saxon ( a dialect of the teutonick ) and the old norman ( a dialect of the french ) not without some savour of the britains , romans , and danes languages . the romans possessing england , caused their tongue the latine once to be generally used in this countrey . the saxons succeeding , introduced their language wheresoever they seated themselves . the normans afterwards getting possession of england , caused the norman or french tongue to be learnt at school by the saxons , and for a long time had all lawes , pleadings , sermons , &c. in french. the latine tongue at present is made use of in court rolls , processes of courts , in charters , commissions , patents , writs , bonds , &c. the names of all shires , cities , towns , and villages , places and men , in england , are generally saxon , and so are most nouns appellative , and a great part of the verbs . in french , or rather norman , are still written the common laws , and learnt by young students thereof . also some pleadings , and all mootes and law exercises , are wholly french. in parliaments the king doth in french signifie his assent or dissent to all bills . the natives of england ( by reason of the temperate climat , mild aire , not rendred unequal by high mountains , nor unhealthy by many marshes , plenty of wholsome food , and the use of beer rather than wine ) pour la belle taille & le beau teinct au visage , as the french say , for a just handsome large proportion of body , for clear complexions and pleasing features , do surpasse all the nations of the world. the english are generally great flesh-eaters , although by the nearness of the sea and abundance of rivers and fish-ponds , there is no want of fish . in former times their table was in many places covered four times a day , they had breakfasts , dinners , beverages , and suppers , and every where set dinners and suppers : until in the late troubles , wherein many eminent families were much impoverisht , a custom was taken up by some of the nobility and gentry , of eating a more plentiful dinner , but little or no supper ; as on the contrary the romans and jews anciently , and the hotter climats , at this day have little or no dinners , but set suppers . the english are not now so much addicted to gluttony and drunkenness as heretofore , nor unto tobacco , which perhaps within a few years may be expelled by coffee . feasting also is not now so ●ommon and profuse as anti●ntly , for although the feasts ●t coronations , at the installations of knights of the garter , ●onsecrations of bishops , entertainments of ambassadors , ●he feasts of the lord mayor of london , the sergeants at law , ●nd readers feasts in the innes of court , are all very sumptuous ●nd magnificent in these times ; ●et compared to the feasts of ●ur ancestors , seem to be but ●iggardly and sparing : for richard earl of cornwall , brother ●o henry , had at his marri●ge feast , as is recorded , thir●y thousand dishes of meat ; ●nd king richard the d . at a christmass spent daily oxen , ●oo sheep , besides fowl and ●ll other provision proportionably ; so antiently at a call 〈◊〉 sergeants , each sergeant ( sait● fortescue ) spent sixteen hundred crowns , which in thos● dayes was more than ● now . the english that feed not over liberally ( whereto the gre●● plenty and variety of vian●● entice them ) nor drink muc● wine , but content themselv●● with small ale or sider ( b● especially the later ) are observed to be much more health and far longer lived than any 〈◊〉 our neighbour nations . for apparel or clothing the french mode hath been gen●rally used in england of la●● years . in the time of queen elizabeth sometimes the hi●● dutch , sometimes the spanis● and sometimes the turkish and morisco habits , were by the english worn in england when the women wore doublets with pendant codpieces on the breast full of tags and cuts ; moreover gallygascons , fardingales , and stockings of divers colours : but since the restauration of the king now raigning , england never saw , for matter of wearing apparel , less prodigality and more modesty in clothes , more plainness and comeliness than amongst her nobility , gentry , and superiour clergy ; onely ●he citizens , the countrey people , and the servants , appear clothed for the most part above and beyond their qualities , estates , or conditions . since our late breach with france , the english men ( though not the women ) have quitted the french mode , and taken a grave wear , much according with the oriental nations . churches thorowout all england and all publick edifices , are generally of solid stone , covered with lead , cathedral and collegiate churches every where ample and magnificent ; and the churches in market towns and opulent villages spatious and solid enough ▪ houses in cities that were heretofore usually of wood ▪ are now built of good stone o● brick , and covered with slat● or tile ; the rooms within formerly wainscotted , are now hung with tapistry or other convenient stuffe , and all cieled with plaister , excellent against the rage of fire , against the cold and sluttishness . the modern buildings have been far more slight and of less continuance than the antient. the houses of the nobles and rich , are abundantly furnisht with pewter , brass , fine linnen , and plate . the mean mechanicks and ordinary husbandmen , want not silver ●poons , or some silver plate , in ●heir houses . the windowes every where ●lased , not made of paper or wood , as is usual in italy and ●pain . chimnies in most places , no ●toves , although the far more ●outhern parts of germany can ●ardly subsist in the winter ●ithout them . england contains parishes , now allowing to each parish one with another families , there will be families , and to each family persons , there will be found in all five millions four hundred forty six thousand souls , and amongst them about one million of fighting men. as some years before the late troubles no people of any kingdom in the world enjoyed more freedom from slavery and taxes , so generally none were freer from evil tempers and humours : none more devoutly religious , willingly obedient to the laws , truly loyal to the king , lovingly hospitable to neighbours , ambitiosly civil to strangers , or more liberally charitable to the needy . no kingdom could shew a more knowing prudent nobility , a more valiant gentry , a more learned and pious clergy , or a more contented loyal commonalty . the men were generall honest , the wives and women chast and modest , parents loving , children obedient , husbands kind , masters gentle , and servants faithful . in a word , the english were then according to their native temper , the best neighbors , best friends , best subjects , and the best christians in the world. amongst these excellent tempers , amongst this goodly wheat , whilst men slept , the enemy came and sowed tares , there sprang up of later years a sort of people sowre , reserved , narrow-hearted , close-fisted , self-conceited , ignorant , stiff-necked , children of belial ( according to the genuine signification of the word ) ever prone to despise dominion , to speak evil of dignities , to gain-say order , rule , and authority ; who have accounted it their honour to contend with kings and governours , and to disquiet the peace of kingdoms ; whom no deserts nor clemency could ever oblige , neither oaths or promises bind , breathing nothing but sedition and calumnies against the establisht government , aspiring without measure , railing without reason , and making their own wild fancies the square & rule of their consciences ; hating , despising , or disrespecting the nobility , gentry , and superiour clergy , &c. these lurking in all quarters of england , have at length with their pestilential breath infected some of the worse natured and worse nurtured gentry , divers of the inferiour clergy , most of the tradesmen and very many of the peasantry , and prevailed so far , as not onely to spoil the best governed state , and ruine the purest and most flourishing church in christendome , but also to corrupt the minds , the humours , and very natures of so many english ; insomuch that notwithstanding the late happy restauration of the king and bishops , the incessant joynt endeavours and studies of all our governours to reduce this people to their pristine happiness , yet no man now living can reasonably hope to see in his time the like blessed dayes again ; without a transplantation of all those sons of belial ( as king james in his grave testament to his son did intimate ) without an utter extirpation of those tares , which yet the clemency and meekness of the protestant religion seems to forbid . the nobility and chief gentry of england have been even by strangers compared to the finest flowre , but the lower sort of common people to the coursest bran ; the innate good nature , joyned with the liberal education and converse with strangers in forreign countries , render those exceeding civil ; whereas ●he wealth , insolence , and pride ●f these , and the rare converse ●ith strangers , have rendred ●hem so distastful , not onely to ●he few strangers who frequent england , but even to their own gentry , that they could sometimes wish that either the countrey were less plentiful , or ●hat the impositions were hea●ier , for by reason of the great abundance of flesh and fish , corn , leather , wooll , &c. which the soil of its own bounty , with little labour doth produce . the yeomanry at their ease and almost forgetting labour , grow rich , and thereby so proud , insolent , and careless , that they neither give that humble respect and awful reverence which in other kingdomes is usually given to nobility , gentry , and clergy , nor are they so industrious or so skillful in manufactures as some of our neighbour nations ; so that in england it is no paradox to affirm ▪ that as too much indigency in the inferiour sort of people doth depress the spirits and dul● the minds of them , so too plentiful and wanton a fortune , causeth in them a lazyness ▪ and less industry , that state commonly enjoying most peace and order and happiness , where either the moderate barrenness of the countrey , or want of ground , or multitude of imposts ( as in holland ) do necessitate the common people to be industrious in their callings , and so to mind their own , as not to disturb the state and church affairs . moreover , of the english especially it hath been observed , that then it is happiest with them , when they are somewhat pressed , and in a complaining condition , according to that old riming verse , anglica gens est optima flens & pessima gaudens . the english nation anciently were and at this day are very apt to hearken to prophesies , and to create prodigies ; and then interpret them according to their own extravagant conceits ; to invent and then maintain any the most prodigious opinions and tenents in philosopy of divinity ; some of the inferiour sort of late holding abominable opinions , unworthy even of men , and such as in no age were ever broacht before . the english national vices were antiently gluttony and the effects thereof lasciviousness , ( when they made four meals in a day and most excessive feasting , with great plenty of french wine ) when women of professed incontinency were permitted to proffer their bodies to all comers , in certain places called stews or stoves , or bathing places ; because men were wont to bath themselves there ( as still in other countries ) before they addrest themselves to venereous acts . moreover pride in apparel , wherein they were anciently so extravagant and foolish , that divers statutes and homilies have been made against that excess , and an english man was wont to be pictured naked with a pair of taylors sheers in his hand , and a piece of cloth under his arme , with verses annext , intimating that he knew not what fashion of clothes to have . excess of drinking was anciently more rare in england , as appears by an old poet , ecce britannorum mos est laudabilis iste , vt bibat arbitrio pocula quisque suo . the danes in the time of king edgar first brought it in , but it was afterward banisht ●ence , so that we find no ancient statute against it ; for though the statutes heretofore ●●ade against excess in apparel and dyet are ancient , yet those against drunkenness are but of late date . as the english returning from the wars in the holy land , brought home the foul disease of leprosie , now almost extinct here , though not yet in our neighbouring countries ; so in our fathers dayes the english returning from the service in the netherlands , brought with them the foul vice of drunkenness , as besides other testimonies , the term of carous , from gar ausz , all out , learnt of the high-dutch there in the same service ; so quaffe , &c. this vice of late was more , though at present too much ; insomuch that some persons , and those of quality , may not safety be visited in an afternoon , without running the hazard of excessive drinking of healths ( whereby in a short time twice as much liquor is consumed as by the dutch , who sip and prate ) and in some places it is esteemed a piece of wit to make a man drunk , for which purpose some swilling insipid trencher buffoon is alwayes at hand . however it may be truly affirmed that at present there is generally less excess in drinking ( especially about london since the use of coffee ) less excess in dyet , but principally in apparel than heretofore : insomuch that the poor tradesman is much pincht thereby ; for as it is expedient for the benefit of the whole commonwealth , that divers unnecessary and superfluous commodities should be allowed , as ' tobacco , coffee , spices , sugars , raisins , silks , &c. so some less hurtful excesses ( as in apparel , dyet , building , coaches , lackeys , &c. must either be connived at , or much of all the money of the nation must lie dead and unemploied ( as it now doth in the private , sullen , niggardly non-conformists hands ) and tradesmen must either starve , or be sustained by almes . the sin of buggery brought into england by the lombards , as appears not only by the word bugeria , but also by rot. parl. . edw. . n. . is now rarely practised amongst english , although sometimes discovered amongst aliens in england , and then punisht by death without any remission . impoysonments , so ordinary 〈◊〉 italy , is so abominable amongst english , as h. . 〈◊〉 was made high treason , ●hough since repealed ; after which the punishment for it was 〈◊〉 be put alive in a caldron of water and there boiled to ●eath . stabbing in england is much ●●ore seldome than in italy , ●●e english being easie to be re●onciled to pardon and remit ●ffences , not apt to seek re●enge ; the true well-bred en●lish have more of inclination 〈◊〉 goodness , which the greeks ●alled philanthropia , than other nations ; the nobility and well-●red gentry delighting to be ●racious and courteous to strangers , compassionate to the afflicted , and grateful to benefactors , when their purse or esta● not diverted by other extravagant expences , will give the● leave to remember them . the english according to the climat , are of a middle temp●● the northern saturnine a● the southern mercurial temp●● meeting in their constitution render them ingenious and active , yet solid and perseve●ring , which nourisht under sutable liberty , inspires a courage generous and lasting . their ingenuity will not allow them to be excellent 〈◊〉 the cheat , but subject in tha● point rather to take tha● give , and supposing others 〈◊〉 open-hearted as themselves are many times in trespass overmatcht by them , whom they overmatch in arms and ●●ue valour . the english since the reformation so much given to literature , that all sorts are generally the most knowing people 〈◊〉 the world . they have been 〈◊〉 much addicted to writing , and ●specially in their own language , and with so much licence or connivence , that according to the observation of a ●earned man , there have ●een since the reformation more good and more bad books printed and published in the english tongue , than in all the vulgar languages of europe . for solidity of matter , for ●legancy of style in their sermons , comedies , romances , as also in their books of philosophy , physick , history , and all other solid learning , no nation hath surpassed the english and few equalled them . the english , especially the gentry , are so much given 〈◊〉 prodigality and slothfulness that estates are oftner spent an● sold than in any other countrey they think it a piece of frug●lity beneath a gentleman 〈◊〉 bargain before hand , or to cou●● afterward , for what they eat 〈◊〉 any place , though the rate 〈◊〉 most unreasonable ; whereby 〈◊〉 comes to passe that cooks , vintners , inn-keepers , and such mean fellows , enrich themselves , and begger and in 〈◊〉 over the gentry . in a word ▪ by their prodigality it comes to pass , that not only those , but taylors , dancing-masters , and such trifling fellows , arrive to that riches and pride as to ride 〈◊〉 their coaches , keep their ●●mmer houses , to be served 〈◊〉 plate , &c. an insolence insuportable in other well governed nations . for variety of divertisements , sports and recreations , ●o nation doth excell the english . the king hath his forests , ●hases , and parks , full of variety of game ; hunting red and fallow deer , foxes , others , hawking , his paddock courses , horse races , &c. ●broad ; and at home tennis , baloon , biliards , comedies , masks , &c. the nobility and chief gentry have their parks , warrens , decoyes , paddock-courses , horse races , hunting , coursing , fishing , fowling hawking , setting dogs , tumblers lurchers , duck-hunting , cock fighting , tennis , bowling , biliards , tables , chesse , draughts cards , dice , catches , questions , purposes , comedies , dancing , singing , all sorts of musical instruments , &c. the citizens and peasants have hand-ball , foot-ball , skitles , 〈◊〉 nine pins , shovel-board , sto●-ball , goffe , trol madam , cuagels , bear-baiting , bull-baiting , bow and arrow , throwing at cocks , shuttle-cock , bowling , quaits , leaping , wrestling ▪ pitching the barre , and ringing of bells , a recreation used in no other countrey of the world. amongst these cock-fighting may seem too childish and unsuitable for the gentry , and 〈◊〉 the common people bull●●iting and bear-baiting may ●●em too cruel , and for the ●itizens foot-ball very uncivil 〈◊〉 rude . for weights and measures at ●●esent used in england , there ●●ve been very many excellent ●●atutes and ordinances , and ●undance of care taken by our ●ncestors to prevent all cheating and deceit therein . by the th chapter of ●agna charta the weights and ●easures ought to be the same yet all england , and those to 〈◊〉 according to the kings ●●andards of weights and mea●●res kept by a special officer 〈◊〉 his house , called the clerk 〈◊〉 comptroller of the market . of weights there are two sorts used at present thorowout all england , viz. troy weight and avoirdupois . in troy weight grains of wheat make a penny weight sterling , penny weight make an ounce , ounces make a pound ; so there are grains in the ounce , and grains in the pound . by this weight are weighed pearls , pretious stones , gold , silver , bread , and all manner of corn and grain ; and this weight the apothecaries do or ought to use , though by other divisions and denominations : their least measure is a grain . grains make a scruple markt ℈ scruples make a drach . markt ʒ drachmes make an ounce , markt ℥ ounces make a pound , markt lb avoir du pois hath ounces to the pound , but then the ounce avoir du pois is lighter than the ounce troy by grains in , that is neer a th part ; so that the avoir du pois ounce containeth but grains , and is as to , that is ounces troy is as much as ounces avoirdupois , and pound avoirdupois is equal to pounds troy , and ounces troy and a half , and the th part of a troy ounce make ounces avoirdupois . by this weight are weighed in england all grocery wares , flesh , butter , cheese , iron , hemp , flax , tallow , wax , wooll , lead , steel , also all things whereof comes waste , and therefore l. avoirdupois is called a hundred weight , and l. half a hundred , and l. a quarter of a hundred , o● a tod . eight pounds avoirdupois amongst the butchers is called a stone . note that when wheat is at s. the bushel , then the penny wheaten loaf is by statute to weight ounces troy , and 〈◊〉 half penny white loaves to weigh as much , and the houshold penny loaf to weigh ● troy ounces and two third part of an ounce , and so more 〈◊〉 less proportionably . all measures in england are either applicative or receptive . the smallest mensura applicationis or applicative measure ●s a barly corn , whereof in length make a fingers breadth or inch , inches make a handful , handful a foot , foot and a half makes a cubit , cubits a yard , yard and a quarter makes an ell , foot make geometrical pace , foot a ●athom , foot and a half make a perch , pole , or rod , 〈◊〉 perch make a furlong , ●urlongs , or perch make english mile , which according to the statute of h. . ●ight to be yards , or ● foot , that is foot more than the italian mile ; miles , or more exactly english miles and a half , make a degree , and degrees or miles compass the whole globe of the earth . for measuring of land in england , perch in length and in breadth make an acre of land ( so called from the german word acker , and tha● from the latine ager ) ● acres ordinar●ly make a yar● land , and one hundred acre are accounted a hide of land but in this and also in som● weights and other measures● the custome of the place is otherwise , yet must be regarded . mensurae receptionis , or th● receptive measures , are tw● fold ; first of liquid or mo●● things , secondly of dry things ▪ about a pound avoir dupois makes the ordinary smallest receptive measure called a pint , pints make a quart , quarts a pottle , pottles a gallon , gallons a firkin of ale , gallons a firkin of beer , such firkins or gallons make a kilderkin , kilderkins or gallons make a barrel of beer , barrels a hogshead , hogsheads a pipe or butt , pipes a tun , consisting of pints or pounds . a barrel of butter or soap is the same with a barrel of ale. the english wine measures are smaller than those of ale and beer , and hold proportion as to ; so that gallons of beer measure are gallons of wine measure , and each gallon of wine is pounds troy weight . of these gallons , a rundlet of wine holds , a tierce of wine holds gallons , a hogshead gallons , a pipe or butt holds , and a tun gallons or pints . to measure dry things as corn or grain , there is first the gallon which is bigger than the wine gallon and less then the ale or beer gallon , and is in proportion to them as to and , and is counted pounds troy weight . two of these gallons make a peck , pecks a bushel , bushels the comb or curnock , curnocks make a quarter ; and quarters a last or weigh , which contains pints , and about so many pounds ; so that in a garrison of men , allowing each but a pound of bread per diem , they will consume neer a last or bushels every day , and men in a ship of war will drink a tun of beer in dayes , allowing each man but his pottle per diem . at first all nations bartered and exchanged one commodity for another , but that being found troublesome , by a kind of custom , good liking , or usage , amongst all civilized nations , silver and gold as most portable , pliable , beautiful , and less subject to rust , hath been as early as the dayes of abraham , chosen to be the instruments of exchange and measure of all things , and were at first paid onely by weight , till the romans about years before the birth of christ invented coyning or stamping gold and silver . when julius caesar first entred this iland , here were current instead of money , certain iron rings , afterwards the romans brought in the use of gold , silver , and brass coyns . in the time of king richard the first moneys coined in the east parts of germany being for its purity highly esteemed , some of those easterlings were sent for over , and emploied in our mint , and thence our money called esterling or sterling money , as some think ; though others say of the saxon word ster , weighty . king edward the first since the norman conquest , established a certain standard for coyn in this manner : twenty four grains made one penny sterling , penny weight one ounce , and ounces made a pound sterling , consisting of shillings . of these ounces , ounces penny weight sterling , was to be of pure silver , called leaf silver , and the weight of about penny sterling in allay the minter might adde : so that anciently a pound sterling was a pound of troy weight , whereas now a pound sterling is but the third part of a pound troy , and little more than a th part of avoirdupois weight . the money of england was abased and falsified for a long time , till queen elizabeth in the year , to her great praise called in all such money ; since which time no base money hath been coined in england , but onely of pure gold and silver , called sterling money ; onely of later times , in relation to the necessity of the poor , and exchange of great money , a small piece of brass called a farthing , or fourth part of a penny , hath been permitted to be coined , but no man enforced to receive them in pay for rent or debt ; which cannot be affirmed of any other state or nation in the christian world , in all which there are several sorts of copper money as current with them for any payment as the purest gold or silver . no moneys in any mint are made of pure silver , because silver in its purity is almost as flexible as lead ; and therefore not so useful , as when hardned with copper . gold minted pure would also be too flexible , and therefore is in all mints allaied with some copper ; and most mints differ in more or less allay . the ordinary silver coyns at present in england , are according to weight , either the ounce troy , the half ounce , the th part , th part , th part , th part , th part , or th part ; thus denominated , the crown , half crown , shilling , six pence , four pence , three pence , two pence , a penny. the standard of sterling silver in england is eleven ounces and two penny weight of fine silver , and penny weight of allay of copper out of the fire , and so proportionably ; so that ounces of pure silver , without any allay , is worth l. s. d. and an ounce is worth s. d. ob . but with allay is worth but l. and the ounce s. the ordinary english gold coyns are now only the old carolus , or s. piece , which by a late proclamation is current at s. d. it weigheth penny weight grains . the new guinea s. weigheth penny grains . the standard of the english carolus piece , or ordinary gold , is in the pound weight troy carrats of fine gold and carrats of allay silver or copper ; that is , ounces of fine gold and one ounce of allay silver or copper . the spanish , french , and flemish gold is of equal fineness with the english . the english silver money hath less allay than the french or dutch. the moneyers divide the pound weight into ounces troy. the ounce pen weight grain mite droite periot . into pen. w. grains . mites . droites periots . blanks . the english silver is coined at l. s. the pound of troy weight , the s. being allowed the minters for coinage . the english gold is coined at present at l. s. the pound troy weight , whereof s. is allowed the minters for coinage . so that now the proportion of gold to silver in england , is as one to and about ⅓ that is to say . one ounce of gold is worth in silver ounces and about ⅓ or l. s. d. of english money . that the english coyn may want neither the purity nor the weight required , it is most wisely and carefully provided , that once every year the chief officers of the mint appear before the lords of the council in the star-chamber at westminster , with some pieces of all sorts of moneys-coined the fore-going year , taken at adventure out of the mint , and kept under several locks by several persons till that appearance , and then by a jury of able goldsmiths in the presence of the said lords , every piece is most exactly assaied and weighed . since the happy restauration of his majesty now raigning , the coyning or stamping of money by hammers hath been laid aside , and all stampt by an engine or skrew ; whereby it is come to pass that our coins for neatness , gracefulness , and security from counterfeiting , surpass all the most excellent coins not only of the romans , but of all the modern nations in the world. in england at the beginning of christianity they counted as all other christians , according to the then roman account , by olympiads or space of five years . afterwards ( in the raign of constantine the first christian emperour ) by indictions or fifteen years ; at length in the raign of the emperour justinian , years after christs incarnation ( and not before ) all christians generally began to count ab anno christi incarnati ; at which time one dionysius exiguus or abbas , a worthy roman , had finisht a cycle for the observation of easter , which was then generally received , and is still observed by the church of england ; the ground whereof is this . the vernal equinox at that time was accounted to be the of march , and by consequence must be the earliest full moon , and then march the must be the earliest new moon ; and april the the latest new moon , and april the the latest full moon ; which happening on a sunday ( as it will when the dominical letter is c. and the golden number ) then easter that year will be april . so when the new moon shall be on march , and that happening on a sunday ( as it will when the dominical letter is d. and the golden number ) then easter will be on the march , as was this year . but the romish church following new rules for finding of easter , it happens sometimes that their easter is full weeks before ours , and sometimes with ours , but never after ours ; for pope gregory the th in the year , having observed that upon exact account the year contained above dayes , not full hours ( as had been from the time of julius caesar hitherto reckoned ) but only hours minutes and seconds , and that this difference of almost minutes in the space of about years , maketh one whole day , which not considered since the regulation of easter , had brought back the year at least dayes ; insomuch that the vernal equinox which was at first on the of march , was now on the th of march ; by reason whereof sometimes full moons past between the equinox and easter , contrary to the primitive institution thereof ; which was , that easter should alwayes be observed on the sunday following the first ●ull moon after the vernal equinox , pope gregory then having observed these inconveniences , resolved at once to take away dayes , and that out of the moneth of october , by calling the th day thereof the th , and that for that year those festivals which fell in those dayes , which by reason of the vintage time were but few , should be celebrated upon the , , and th dayes of that moneth . and that the equinox might never retrocede for the future , it was then provided that every years bissextile years should be left out ; that is , in the years , , and , and so again in , , and , leaving the year to have its bissextile , and so every th year . the english nation , as all other states that with-drew ▪ themselves from under the bishop of rome's usurped authority , before the said year , except holland and zealand , observe still the antient account made by julius caesar years before the birth of christ ; and is therefore called the old style or julian account : the other observed by those still under the romish yoke , is called the new style or gregorian account ; and is ( by reason of the aforesaid dayes taken away ) dayes before ours for the beginning of moneths , and for all fixt festivals ; but various for all moveable festivals . easter and the other moveable feasts in england , are most certainly thus found . shrove-tuesday is alwayes the first tuesday after the first new moon after january , except that new moon happen on a tuesday , then the next is shrove-tuesday , and the sunday following is quadragesima , and the sixth sunday after is easter day , and the fifth sunday after easter is rogation sunday , and the thursday following , being dayes after the resurrection , is ascention day ; dayes after which , or dayes after easter is pentecoste or whit sunday , and the sunday following is trinity sunday : which computation of the church of england agrees with all the eastern christian churches , for they and we find easter by the rules which were generally received by all christendom , anno , and ever since till , it was altered by the pope as aforesaid , yet cannot it be denied but that this old computation is become erroneous ; for by our rules , two easters will be observed within one year , as in the last year , and not one easter to be observed this year ; as this author observed the last year in his proposals to the parliament . advent sunday hath a peculiar rule , and is alwayes the fourth sunday before christmass day , or the nearest sunday to st. andrews , whether before or after . the year in england according to the cycles of the sun and moon , and according to almanacks begins on the first of january ; but the english church and state begins the year from the day of christs incarnation , viz. on the of march , which also is observed in spain ; yet the portugues ( as divers countries in africa ) begin their year on the th of august , the venetians on the first of march according to the epact , the grecians on the longest day , as the old romans did on the shortest day ; which two last seem to have most reason , as beginning just at the periodical day of the suns return . the natural day consisting of hours , is begun in england at midnight , and counted by hours to midday , and again by hours to next midnight ; whereas in italy , bohemia , poland , and some other countries , their account 〈◊〉 from sun-setting by of th● clock to the next sun-setting and at noremberg and wirtenberg in germany , according to the old babylonian account they begin at the first hour after sun-rising , to count one of the clock , and so again at the first hour after sun-set . probably there was a time when those names of number now in use amongst all civilized nations were unknown , and men applied their fingers of one or both hands to those things they desired to keep account of ; and thence it may be that the numeral words are but ten in any nation , and in some nations but five ; and then they begin again , as after decem , undecim , duodecim , &c. the hebrews and the greeks instead of numeral words used the letters of their alphabets , beginning again after the tenth letter . the latines made use onely of of their capital alphabet , viz mdclxvi , all comprehended in this figure o and all made use of in the same order , in the late year , which never did happen before , or ever will happen again . the english ( as all the western christian world till about years ago ) used only numeral words in all writings ; but since use the figures , , , &c. which the christians learnt first of the maures or arabs , and they of the indians . nomina quasi notamina , names were first imposed upon men for distinction sake by the jews at their circumcision , by the romans at the th day after birth , and by the christians at the baptisme ; of such signification for the most part that might denote the future good hope or good wishes of parents toward their children . the english names of baptisme are generally either saxon , as robert , richard , henry , william , edward , edmund , edwin , gilbert , walter , leonard , &c. which are all very significative ; or else out of the old and new testament , as john , thomas , james , abraham , isaack , jacob , &c. names super-added to the christian names the french call sur noms ( i. e. ) supernomina . the hebrews , greeks , and most other antient nations , had no surnames fixt to their families as in these dayes , but counted thus , for example among the hebrews , melchi ben addi , addi ben casam , &c. so the britaines , hughe ap owen , owen ap rhese , &c. so the irish , neal mac con , con mac dermoti , &c. as christian names were first given for distinction of persons , so surnames for distinction of families . about anno the french nation began to take surnames with de prefixt , as at this day is their usual manner . the english also took to themselves surnames , but not generally by the common people , till the raign of edw. . at first , for surnames the english gentry took the name of their birth-place or habitation , as thomas of aston or east-town , john of sutton or south-town ; and as they altered their habitation , so they altered their surname . after , when they became lords of places , they called themselves thomas aston of aston , john sutton of sutton . the common people for surnames added their fathers name with son at the end thereof , as thomas johnson ; robert richardson . they also oft took their fathers nick name or abbreviation , with addition of s , as gibs , the nick name or abbreviation of gilbert , hobs of robert , nicks of nicholas , bates of bartholomew , sams of samuel ; and thence also gibson , hobson , nickson , batson , samson , &c. many also were surnamed from their trade , as smith , joyner , weaver , &c. or from their office , as porter , steward , sheepheard , carter , or from their place of abode , as atwood , atwell , athill ; which since are shrunk into wood , wells , hill. the normans at their first coming into england brought surnames for many of their gentry with de prefixt , as the french gentry doth generally at this day , and their christian names were generally german ; they being originally descended from a part of north germany . and some for about years after the conquest , took for surname their fathers christian name , with fitz or fils prefixt , as robert fitz-william , henry fitz-gerard , &c. the britains or welsh more lately civilized , did not take surnames till of late years , and that for the most part only , by leaving out a in ap , and annexing the p to their fathers christian name ; as instead of evan ap rice , now evan price ; so instead of ap howel , powel ; ap hughe , pughe ; ap rogers , progers , &c. the most ancient families and of best account for surnames in england , are either those that are taken from places in normandy and thereabouts in france , and from some other transmarine countries , or else from places in england and scotland ; as devereux , seymour , nevile , montague , mohun , biron , bruges , clifford , berkley , darcy , stourton , &c. which antiently had all de prefixt , but of later times generally neglected . of the government of england in general . of governments there can be but three kinds , for either one or more , or all , must have the soveragn power of a nation . if one , then it is a monarchy ; if more ( that is an assembly of choice persons ) then it is an aristocracy ; if all ( that is the general assembly of the people ) then it is a democracy . of all governments the monarchical , as most resembling the divinity , and nearest approaching to perfection ( unity being the perfection of all things ) hath ever been estemed the most excellent . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 for the transgressions of a land , many are the princes or rulers thereof , prov. . . of monarchies some are despotical , where the subjects like servants are at the arbitrary power and will of their soveraign , as the turks and barbarians : others political or paternal , where the subject like children under a father , are governed by equal and just laws , consented and sworn unto by the king ; as is done by all christian princes at their coronations . of paternal monarchies , some are hereditary , where the crown descends either only to heirs male , as in france ; or next of blood , as in spain , england , &c. others elective , where upon the death of every prince , without respect had to the heirs or next of blood , another by solemn election is appointed to succeed , as in poland and hungary ; and till of late in denmark and bohemia . of hereditary paternal monarchies , some are dependent and holden of earthly potentates , and are obliged to do homage for the same ; as the kingdoms of scotland and man , that held in capite of the crown of england , and the kingdome of naples , holden of the pope ; others independent , holden only of god , acknowledging no other superiour upon earth . england is an hereditary paternal monarchy , governed by one supreme , independent , and undeposable head , according to the known laws and customs of the kingdom . it is a free monarchy , challenging above many other european kingdoms , a freedom from all subjection to the emperour or laws of the empire ; for that the roman emperours obtaining antiently the dominion of this land by force of arms , and afterwards abandoning the same , the right by the law of nations returned to the former owners pro derelicto , as civilians speak . it is a monarchy free from all manner of subjection to the bishop of rome , and thereby from divers inconveniencies and burdens , under which the neighbouring kingdoms groan ; as appeals to rome in sundry ecclesiastical suits , provisions , and dispensations , in several cases to be procured from thence ; many tributes and taxes paid to that bishop , &c. it is a monarchy free from all interregnum , and with it from many mischiefs whereunto elective kingdoms are subject . england is such a monarchy , as that , by the necessary subordinate concurrence of the lords and commons in the making and repealing all statutes or acts of parliament , it hath the main advantages of an aristocracy and of a democracy , and yet free from the disadvantages and evils of either . it is such a monarchy , as by a most admirable temperament affords very much to the industry , liberty , and happiness of the subject , and yet reserves enough for the majesty and prerogative of any king that will own his people as subjects , not as slaves . it is a kingdom that of all the kingdoms of the world is most like the kingdom of jesus christs ; whose yoke is easie , whose burden is light . it is a monarchy that without interruption hath been continued almost years , and ( till of late ) without any attempts of change of that government : so that to this sort of government the english seem to be naturally inclined , and therefore during the late bouleversations or over-turnings , when all the art that the devil or man could imagine , was industriously made use of to change this monarchy into a democracy , this kingdom into a common-wealth , the most and the best of english men , the general spirit and genius of the nation ( not so much the presbiterian or royalist ) by mighty though invisible influence , concurred at once to restore their exiled soveraign , and re-establish that antient government . of the king of england . the king is so called from the saxon word koning , intimating power and knowledge , wherewith every soveraigne should especially be invested . the title antiently of the saxon king edgar was anglorum basileus & dominus quatuor marium , viz. the british , german , irish , and deucalidonian seas ; and sometimes anglorum basileus omniumque regum , insularum , oceanique britanniam circumsacentis , cunctarumque nationum quae infra eum includuntur imperator & dominus . the modern title more modest , is , dei gratiâ of england , scotland , france , and ireland king , defender of the faith. the king only is dei gratiâ simply ( i.e. ) from the favour of none but god ; and the archbishops and bishops that pretend to that title , must understand , dei gratiâ & regis , or , dei gratiâ & voluntate regis . defender of the faith , was antiently used by the kings of england , as appears by several charters granted to the university of oxford , but in the year more affixt by a bull from pope leo the tenth for a book written by henry the eighth against luthers , in defence of some points of the romish religion ; but since continued for defence of the antient catholck and apostolick faith. primogenitus ecclesiae belongs to the kings of england , because their predecessor lucius was the first king that embraced christianity . christianissimus was by the lateran council under pope julius the d conferred on the kings of england in the th year of henry , though now used only by the french king. the title of grace was first given to the king about the time of h. . to h. . excellent grace , to ed. . high and mighty prince , to hen. . first highness then majesty , and now sacred majesty ; after the custom of the eastern emperours , that used 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . the king of england in his publick instruments and letters stiles himself nos , we , in the plural number ; before king john's time the kings used the singular number , which custom is still seen in the end of writs , teste meipso apu● westm . in speaking to the king is used often ( besides your majesty ) syr , from cyr , in the greek 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 an abbreviation o● 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , dominus much used to the greek emperours ; but syr or domine i● now in england become the ordinary word to all of better rank , even from the king to the gentleman . it was antiently in england given to lords , afterwards to knights , and to clergymen , prefixt before their christian names ; ●ow in that manner only to ba●onets and knights of the bath , and knights batchelours , yet in france syr or syre is reserved only for their king. about the time that our saviour lived on earth , there was a jewish sect , whose ring-●eader was one judas of gaile , mentioned acts . . that would not give this title of sir or dominus to any man ; affirming that it was proper only to god , and stood ( not unlike our new fanaticks , called quakers ) so perversely for such nominal liberty ( being ●n other points meer pharisees ) that no penalties could force them to give this honorary title to any man , no not to the emperour ; uti videre 〈◊〉 apud josephum & alios . sed h●● obiter . the saxon kings before the conquest bare . azure a cross● formy between four martlet or. afterward the danish king raigning in england bare o● semi de harts , gules lyon passant gardant azure . after the conquest the kings of england bare two leopards , born first by the conquerour as duke of normandy , till the time of hen. who in right of his mother annext her paternal coat the lyon of aquitaine , which being of the same field , mettal ▪ and form with the leopards , ●●om thence-forward they were ●intly marshalled in one shield , and blazoned lyons , as at ●resent . king edward the third in ●●ght of his mother claiming ●he crown of france , with the arms of england quartered the arms of france , which then were azure , semy flower ●eluces or ; afterwards changed to flower deluces : whereupon hen. . of england caused the english arms to be changed likewise : king james upon the union of england and scotland , caused the arms of france and england to be quartered with scotland and ireland , and are thus blazoned . the king of england beareth for his soveraign ensigns armorial as followeth : in the first place , azure flower deluces or ; for the regal arms of france quartered with the imperial ensigns of england , which are gules thre● lyons passant gardant in pal● or. in the second place , with in a double tressure counter-flowered de lys or , a lyon rampant gules for the royal arms of scotland . in the third place azure an irish harp or stringed argent , for the royal ensigns of ireland . in the fourth place as in the first , all within the garter , the chief ensign of that most honourable order , above the same an helmet answerable to his majesties soveraign jurisdiction , upon the same a rich mantle of cloth of gold doubled ermine , adorned with an imperial crown , and surmounted for a crest by a lyon passant gardant crowned with the like ; supported by 〈◊〉 lyon rampant gardant or , crowned as the former , and an unicorn argent gorged , with a crown , thereto a chain affixt passing between his fore●egs and reflext over his back or , both standing upon a compartment placed underneath , and in the table of the compartment his majesties royal motto , dieu & mon droit . the supporters used before the union of england and scotland were the dragon and lyon. the arms of france placed first , for that france is the greater kingdom , and because from the first bearing , those flowers have been alwayes ensigns of a kingdom ; whereas the arms of england were originally of dukedoms as beforesaid . the motto upon the garter , honi soit qui mal y pense ; that is , shame be to him that evil thereof thinketh , was first given by edward the founder of that order , upon occasion as some have written of a garter falling from the countess of kent and salisbury as she danced , and taken up by that king ; whereat the queen being jealous , or the courtiers observing it , the king first uttered those words now upon the garter , whereof the order was soon after instituted . the motto dieu & mon droit , that is , god and my right , was first given by richard the first , to intimate that the king of england holdeth his empire not in vassallage of any mortal man , but of god only ; and after taken up by edward . when he first claimed the kingdom of france . king william the conquerour getting by right of conquest all the lands of england ( except lands belonging to the church , to monastenies , and religious houses ) into his own hands in demesne , as lawyers speak , soon bestowed amongst his subjects a● great part thereof , reserving some retribution of rents and services , or both to him and his heirs kings of england ; which reservation , is now , as it was before the conquest , called the tenure of lands ; the rest he reserved to himself in demesne , called coronae regis dominica , domaines , and sacra patrimonia , praedium domini regis , directum dominum , cujus nullus est author nisi deus : all other lands in england being held now of some superiour , and depend mediately or immediately on the crown ; but the lands possest by the crown , being held of none , can escheat to none ; being sacred , cannot become prophane : are or should be permanent and inalienable . which royal domaines are ( by time , the gift and bounty of our kings , and some necessities for the preservation of the weal publick ) too much alienated . the antient dominions of the kings of england , were first , england and all the seas round about great britain and ireland , and all the isles adjacent , even too the shores of all the neighbour nations ; and our law saith the sea is of the ligeance of the king , as well as the land : and as a mark thereof , all ships of foreigners have antiently demanded leave to fish and pass in these seas , and do at this day lower their top-sailes to all the kings ships of war. to england henry . annext normandy , and henry . ireland , being stiled only lord of ireland till h. . although they had all kingly jurisdiction before . henry . also annext the dukedomes of guien and anjou , the counties of poictou , turein , and mayn . edward the first all wales , and edward the third the right , though not the possession of all france . king james added scotland , and since that time there have been super-added sundry considerable plantations in america . the dominions of the king of england are at this day in possession ( besides his just right and title to the kingdom of france ) all england , scotland , and ireland , three kingdoms of large extent , with all the isles , above in number small and great ; whereof some very considerable : and all the seas adjacent . moreover the islands of jersey , garnsey , and alderny , parcel of the dutchy of normandy ; besides those profitable plantations of new england , virginia , barbados , jamaica , florida , bermudos ; besides several other isles and places in those quarters , and some in the east indies and upon the coast of africa ; also upon the main land of america , by right of first discovery ; to estoit land , terra corterialis , new found land , novum belgium , guiana , the king of england hath a legal right , though not possession . rex angliae est persona mixta cum sacerdote , say our lawyers . he is a priest as well as a king. he is anointed with oyle , as the priests were at first , and afterward the kings of israel ; to intimate that his person is sacred and spiritual : and therefore at the coronation hath put upon him a sacerdotal garment called the dalmatica , &c. and before the reformation of england , when the cup in the lords supper was denied to the laity , the king as a spiritual person received in both kinds : he is capable of spiritual jurisdiction , of holding of tythes , all extra-parochial tythes some proxies , and other spiritual profits belong to the king , of which laymen both by common and canon law are pronounced uncapable . he is an external bishop of the church , as constantine the emperour said of himself , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ; but i am constituted bishop for external things of the church . rex idem hominum phaebique sacerdos . he is as the roman emperours christian as well as heathen stiled themselves , pontifex max. he is the supreme pastor of england , and hath not only right of ecclesiastical government , but also of exercising some ecclesiastical function so far as solomon did , kings . when he blessed the people , consecrated the temple , and pronounced that prayer which is the pattern now for consecration of all churches and chappels ; but all the ministerial offices are left to the bishops and priests , as the determinination of causes are to the kings judges , although the king may himself sit in judgement , if the affairs of state did not alwayes require his presence at the helme ; and the administration of sacraments , preaching , and other church offices and duties to the bishops and their ordained clergy . of this sacred person of the king , of the life and safety thereof , the laws and customs of england are of tender , that they have made it high treason , onely to imagine or intend the death of the king. and because by imagining or conspiring the death of the kings counsellors or great officers of his houshold , the destruction of the king hath thereby sometimes ensued , and is usually aimed at ( saith stat. h. . ) that also was made felony , to be punisht with death , although in all other cases capital the rule is voluntas non reputabitur pro facto ; and an english man may not in other cases be punisht with death , unless the act follow the intent . the law of england hath so high esteem of the kings person , that to offend against those persons and those things that represent his sacred person , as to kill some of the crown officers or the kings judges executing their office , or to counterfeit the kings seals , or his moneys , is made high treason ; because by all these the kings person is represented : and high treason is in the eye of the law so horrid , that besides loss of life and honour , real and personal estate , to the criminal , his heirs also are to lose the same for ever , and to be ranked amongst the peasantry and ignoble , till the king shall please to restore them . est enim tam grave crimen ( saith bracton ) ut vix permittitur haeredibus qu●d vivant . high treason is so grievous a crime , that the law not content with the life and estate and honour of the criminal , can hardly endure to see his heirs survive him , and rather than treason against the kings person shall go unpunisht , the innocent in some cases shall be punished ; for if an idiot or lunatick ( who cannot be said to have any will , and so cannot offend ) during his idiocy or lunacy , shall kill , or go about to kill the king , he shall be punisht as a traytor ; and yet being non compos mentis , the law holds that he cannot commit felony or petit treason , not other sorts of high treason . moreover , for the precious regard of the person of the king , by an antient record it is declared , that no physick ought to be administred to him , without good warrant , this warrant to be made by the advice of his council ; no other physick but what is mentioned in the warrant ro be administred to him ; the physitians to prepare all things with their own hands , and not by the hands of any apothecary ; and to use the assistance only of such chyrurgeons as are prescribed in the warrant . and so precious is the person and life of the king , that every subject is obliged and bound by his allegeance to defend his person in his natural aswell as politick capacity with his own life and limbs ; wherefore the law saith that the life and member of every subject is at the service of the soveraign . he is pater patriae & dulce erit pro patre patriae mori , to lose life or limb in defending him from conspiracies , rebellions , or invasions , or in the execution of his laws , should seem a pleasant thing to every loyal hearted subject . the office of the king of england , ( according to the learned fortescue ) is , pugnare bella populi sui & eos rectissime judicare . to fight the battels of his people , and to see right and justice done unto them . or ( according to another ) it is to protect and govern his people , so that they may ( if possible ) lead quiet and peaceable lives in all godliness and honesty under him . or more particular ( as is promised at the coronation ) to preserve the rights and priviledges of the church and clergy , the royal prerogatives belonging to the crown , the laws and customs of the realm , to do justice , shew mercy , and keep peace and vnity , &c. the king for the better performance of this great and weighty office , hath certain jura majestatis , extraordinary powers , preeminencies , and priviledges , inherent in the crown , called antiently by lawyers sacra sacrorum , and flowers of the crown , but commonly royal prerogatives ; whereof some the king holds by the law of nations , others by common law ( excellent above all laws in upholding a free monarchy and exalting the kings prerogative ) and some by statute law. the king only and the king alone , by his royal prerogative , hath power without act of parliament to declare war , make peace , send and receive ambassadours , make leagues and treaties with any foreign states , give commissions for levying men and arms by sea and land , or for pressing men if need require , dispose of all magazines , ammunition , castles , fortresses , ports , havens , ships of war , and publick moneys ; hath the sole power to coyn money , appoint the mettal , weight , purity , and value thereof , and by his proclamation make any foreign coyn to be lawful money of england . by his royal prerogative may of his meer will and pleasure convoke , adjourn , prorogue , remove , and dissolve parliaments ; may to any bill passed by both houses of parliament , refuse to give ( without rendring any reason ) his royal assent , without which a bill is as a body without a soul. may at pleasure encrease the number of the members of both houses , by creating more barons and bestowing priviledges upon any other towns to send burgesses to parliament . may call to parliament by writ whom he in his princely wisdome thinketh fit , and may refuse to send his writ to others that have sate in former parliaments . hath alone the choice and nomination of all commanders and other officers at land and sea , the choice and nomination of all magistrates , counsellors , and officers of state , of all bishops and other high dignities in the church , the bestowing of all ●onours both of higher and of ●●wer nobility of england , ●he power of determining re●ards and punishments . by his letters patents may ●ect new counties , bishopricks , ●niversities , cities , burroughs , ●●lledges , hospitals , schools , ●airs , markets , courts of ju●●ice , forests , chases , free ●arrens , &c. the king by his prerogative ●●th power to enfranchise an ●lien and make him a denison , ●hereby he is enabled to pur●●ase leases of houses and ●ands , and to bear some offi●es . hath power to grant let●rs of mart or reprisal . the king by his preroga●ive hath had at all times the ●ight of purveyance or preemption of all sorts of victua● neer the court , and to tal● horses , carts , boats , ships for his carriages at reasonab●● rates ; also by proclamation 〈◊〉 set reasonable rates and pric● upon flesh , fish , fowl , oa● hay , &c. which his majes●● now raigning was pleased to exchange , and in liew thereof 〈◊〉 accept of some other recompence . debts due to the king are the first place to be satisfied , 〈◊〉 case of executorship and admi●nistratorship ; and until th● kings debt be satisfied , he ma●● protect the debtor from the arrest of other creditors . may distrain for the who● rent upon one tenant that hold●eth not the whole land ; ma● require the ancestors debt 〈◊〉 ●he heir , though not especi●ly bound , is not obliged to ●●mand his rent as others are . ●●ay sue in what court he ●●ease , and distrain where he 〈◊〉 . no proclamation can be ●ade but by the king. no protection for a defen●ant to be kept off from a suit , ●t by him , and that because 〈◊〉 is actually in his service . he only can give patents , in ●se of losses by fire , to re●ive the charitable benevolen●s of the people ; without ●hich no man may ask it pub●●kly . no forest , chase , or park 〈◊〉 be made , nor castle to be ●uilt , without the kings au●●ority . the sale of his goods in a open market will not take awa● his property therein . his servants in ordinary a● priviledged from serving in an offices ▪ that require their attendance , as sheriff , constable , churchwarden ▪ &c. all receivers of money for the king , or accompta●● to him for any of his revenue● their persons , lands , goods heirs , executors , administrators , are chargeable for th● same at all times ; for , nullu● tempus occurrit regi . his debtor hath a kind 〈◊〉 prerogative remedy by a q●minus in the exchequer against all other debtors , or any against whom they have an● cause of personal action supposing that he is thereb● ●isabled to pay the king : and 〈◊〉 this suit the kings debtor ●eing plaintiff , hath some pri●iledges above others . in doubtful cases , semper ●●aesumitur pro rege . no statute restraineth the king , except he be especially ●amed therein . the quality of his person alters the descent of gavelkind , the rules of joynt tenaney ; no estopel can bind him nor judgment final in a writ of right . judgments entred against the kings title , are entred with a salvo jure domini regis , that if at any time the kings council at law can make out his title better ; that judgement shall not prejudice him , which is not permitted to the subject . the king by his prerogativ● may demand reasonable aid money of his ▪ subjects to knigh● his eldest son at the age of and to marry his eldest daughter at the age of 〈◊〉 years , which reasonable aid is twenty shillings for every knights fee , and as much for every twenty pound a year in socage . moreover , if the king be taken prisoner ; aid money is to be paid by the subjects to set him at liberty . the king upon reasonable causes him thereunto moving may protect any man against suits at law , &c. in all cases where the king is party , his officers with an arrest by force of a process at law may enter ( and if entrance be denied ) may break open the ●ouse of any man , although ●ery mans house is said to be 〈◊〉 castle , and hath a privi●●dge to protect him against all ●her arrests . a benefice or spiritual li●ng is not full against the king 〈◊〉 institution only , without in●●ction , although it be so against subject . none but the king can hold ●●ea of false judgments in the ●ourt of his tenants . the king of england by his ●rerogative is summus regni ●ustos , and hath the custody ●f the persons and estates of ●uch as for want of understanding ●annot govern themselves 〈◊〉 or ●erve the king ; so the persons ●nd estates of ideots and lu●aticks are in the custody of ●he king , that of ideots to his own use , and that of lu●naticks to the use of the nex● heir . so the custody or ward●●ships of all such infants who● ancestors held their lands b● tenure in capite or knight service , were ever since th● conquest in the kings of england , to the great honour an● benefit of the king and king●dom , though some abuse● made some of the people out 〈◊〉 love with their good , and th● right of that part of his ju●● prerogative . the king by his prerogative is ultimus haeres regni and is ( as the great ocean is 〈◊〉 all rivers ) the receptacle of a● estates when no heir appears for this cause all estates fo● want of heirs or by forfeiture revert or escheat to the king ▪ all spiritual benefices for want of presentation by the bishop , is lapsed at last to the king ; all treasure trove ( that is , money , gold , silver , plate , or bullion , found , and the owner unknown ) belongs to the king ; so all wayfs , strays , wrecks , not granted away by him or any former kings ; all wast ground or land recovered from the sea ; all lands of aliens dying before naturalization or denization , and all things whereof the property is not known . all gold and silver mines in whosoever ground they are found ; royal fishes , ●s whales , sturgeons , dolphins , &c. royal fowl , as swans , not markt and swimming at liberty on the river , belong to the king. in the church the kings prerogative and power is extraordinary great . he only hath the patronage of all bishopricks , none can be chosen but by his conged ' estier , whom he hath first nominated ; none can be consecrated bishop or take possession of the revenues of the bishoprick without the kings special writ or assent . he is the guardian or nursing father of the church , which our kings of england did so reckon amongst their principal cares , as in the th year of king edward the first it was alledged in a pleading and allowed . the king hath power to call a national or provincial synod , and by commissioners or by his metropolitanes in their several jurisdictions to make canons , orders , ordinances , and constitutions , to introduce into the church what ceremonies he shall think fit ; reform and correct all heresies , schismes , and punish contempts , &c. and therein and thereby to declare what doctrines in the church are fit to be publisht or professed , what translation of the bible to be allowed , what books of the bible are canonical and what apocryphal , &c. in of eliz. when the house of commons would have passed bills touching bishops granting faculties , conferring holy orders , ecclesiastical censures , the oath ex officio , non residency , &c. the queen much incensed , forbad them to meddle in any ecclesiastical affairs , for that it belonged to her prerogative , &c. the king hath power to pardon the violation of ecclesiastical laws , or to abrogate such as are unfitting or useless ; to dispense with the rigour of ecclesiastical laws , and with any thing that is only prohibitum & malum per accidens & non malum in se ; as for a bastard to be a priest , for a priest to hold two benefices , or to succeed his father in a benefice , or to be non resident , &c. hath power to dispense with some acts of parliament , penal statutes , by non obstantes , where himself is only concerned ; to moderate the rigor of the laws according to equity and conscience , to alter or suspend any particular law , that he judgeth hurtful to the commonwealth ; to grant special priviledges and charters to any subject , to pardon a man by law condemned ; to interpret by his judges statutes , and in cases not defined by law , to determine and pass sentence . and this is that royal prerogative which in the hand of a king is a scepter of gold , but in the hands of subjects is a rod of iron . this is that jus coronae , a law that is parcel of the law of the land , part of the common law , and contained in it , and hath the precedence of all laws and customs of england ; and therefore void in law is every custom quae exaltat se in praerogativam regis . some of these prerogatives , especially those that relate to justice and peace ▪ are so essential to royalty , that they are for ever inherent in the crown , and make the crown : they are like the sun-beams in the sun , and as inseparable from it ; and therefore it is held by great lawyers that a prerogative in point of government cannot be restrained or bound by act of parliament , but is as unalterable as the laws of the medes and persians : wherefore the lords and commons ( rot. parl. . edw. . num . . ) declared that they could not assent in parliament to any thing that tended to the disherison of the king and the crown , whereunto they were sworn ; no though the king should desire it : and every king of england as he is debitor justitiae to his people , so is he in conscience obliged to defend and maintain all the rights of the crown in possession , and to endeavour the recovery of those whereof the crown hath been dispossest , and when any king hath not religiously observed his duty in this point , it hath proved of very dreadful consequence ; as the first fatal blow to the church of england was given when hen. . waving his own royal prerogative , referred the redress of the church to the house of commons ( as the lord herbert observes hist . hen. . ) so the greatest blow that ever was given to church and state , was when the late king parting with his absolute power of dissolving parliaments gave it ( though only pro ill● vice ) to the two houses of parliament . and indeed it greatly concerns all subjects ( though it seem a paradox ) to be far more solicitous that the king should maintain and defend his own prerogative and preeminence , than their rights and liberties ; the truth whereof will appear to any man that sadly considers the mischiefs and inconveniencies that necessarily follow the diminution of the kings prerogative above all that can be occasioned by some particular infringements of the peoples liberties . as on the other side it much concerns every king of england to be very careful of the subjects just liberties , according to that golden rule of the best of kings charles i , that the kings prerogative is to defend the peoples liberties , and the peoples liberties strengthen the kings prerogative . whatsoever things are proper to supreme magistrates , as crowns , scepters , purple r●be , golden globe , and holy unction , have as long appertained to the king of england as to any other prince in europe . he holdeth not his kingdom in vassallage , nor receiveth his investiture or installment from another . acknowledgeth no superiority to any but god only . not to the emperour , for omnem potestatem habet rex angliae in regno suo quam imperator vendicat in imperio ; and therefore the crown of england hath been declared in parliaments long ago to be an imperial crown , and the king to be an emperour of england and ireland , and might wear an imperial crown , although he choseth rather to wear a triumphant crown , such as was anciently worn by the emperours of rome , and that because his predecessors have triumpht , not only over five kings of ireland , but also over the welsh , scottish , and french kings . he acknowledgeth onely precedence to the emperour , eo quod antiquitate imperium omnia regna superare creditur . as the king is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in the state , so he is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in the church . he acknowledgeth no superiority to the bishop of rome , whose long arrogated authority in england was in a full parliament of all the lords spiritual as well as temporal declared null , and the king of england declared to be by antient right in all causes over all persons as well ecclesiastical as civil , supreme head and governour . the king is summus totius ecclesiae anglicanae ordinarius , supreme ordinary in all the dioceses of england 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , and for his superintendency over the whole church , hath the tenths and first-fruits of all ecclesiastical benefices . the king hath the supreme right of patronage over all england , called patronage paramount over all the ecclesiastical benefices in england ; so that if the mean patron as aforesaid present not in due time , nor the ordinary , nor metropolitan , the right of presentation comes to the king , beyond whom it cannot go . the king is lord paramount , supreme landlord of all the lands of england , and all landed men are mediately or immediately his tenants by some tenure or other , for no man in england but the king hath allodium , directum dominum , the sole and independent property or domain in any land , he that hath the fee the jus perpetuum and utile dominium , is obliged to a duty to his soveraign for it ; so it is not simply his own , he must swear fealty to some superiour . the king is summus totius regni anglicani justitiarius , supreme judge , or lord chief justice of all england . he is the fountain from whence all justice is derived , no subject having here as in france , haute moyenne & basse justice . he only hath the soveraign power in the administration of justice , and in the execution of the law , and whatsoever power is by him committed to others , the dernier resort is still remaining in himself ; so that he may sit in any court , and take cognisance of any cause ( as antiently kings sate in the court now called the kings bench , henry the third in his court of exchequer , and hen. . and king james sometimes in the star-chamber ) except in felonies , treasons , &c. wherein the king being plaintiff and so party , he sits not personally in judgement , but doth performe it by delegates . from the king of england there lies no appeal in ecclesiastical affairs to the bishop of rome , as it doth in other principal kingdoms of europe , nor in civil affairs to the emperour , as in some of the spanish and other dominions of christendom ; nor in either to the people of england ( as some of late have dreamt ) who in themselves , or by their representatives in the house of commons in parliament , were ever subordinate and never superiour , nor so much as co-ordinate to the king of england . the king being the onely soveraign and supreme head , is furnisht with plenary power prerogative and jurisdiction to render justice to every member within his dominions ; whereas some neighbour kings do want a full power to do justice in all causes to all their subjects , or to punish all crimes committed within their own dominions especially in causes ecclesiastical . in a word , rex angliae neminem habet in suis dominiis superiorem nec parem sed omnes sub illo , ille sub nullo nisi tantùm sub deo , a quo secundus , post quem primus , ante omnes & super omnes ( in suis ditionibus ) deos & homines . the title of dii or gods , plurally is often in holy writ by god himself attributed to great princes , because as gods vicars or vice-dei upon earth , they represent the majesty and power of the god of heaven and earth : and to the end that the people might have so much the higher esteem and more reverend awfulness of them ; for if that fails , all order fails ; and thence all impiety and calamity follows . the substance of the titles of god was also used by the antient christian emperours , as divinitas nostra & aeternitas nostra , &c. as imperfectly and analogically in them , though essentially and perfectly only in god ; and the good christians of those times out of their excess of respect , were wont to swear by the majesty of the emperour ( as joseph once by the life of pharaoh ) and vege●ius a learned writer of that age seems to justifie it ; nam imperatori ( saith he ) tanquam praesenti & corpoarli deo fidelis est praestanda divotio & pervigil impendendus famulatus ; de● enim servimus cum fideliter diligimus cum , qui deoregnat autore . so the laws of england looking upon the king as a god upon earth , do attribute unto him divers excellencies that belong properly to god alone , as justice in the abstract ; rex angliae non potest cuiquam injuriam facere . so also infallibility , rex angliae non potest errare . and as god is perfect , so the law will have no imperfection found in the king. no negligence or laches , no folly , no infamy , no stain or corruption of blood ; for by taking of the crown all former though just attainders , and that by act of parliament i● ipso facto pu●ged . no nonage or minority , for his grant of lands , though held in his natural not politick capacity , cannot be avoided by nonage ▪ higher than this the law attributeth a kind of immortality to the king , rex angliae non moritur ; his death is in law termed the demise of the king , because thereby the kingdom is demised to another : he is said not subject to death , because he is a corporation in himself that liveth for ever , all interregna being in england unknown , the same moment that one king dies , the next heir is king fully and absolutely without any coronation , ceremony , or act to be done ex post facto . moreover , the law seemeth to attribute to the king a certain omnipresency , that the king is in a manner every where , in all his courts of justice , and therefore cannot be non-suited ( as lawyers speak ) in all his palaces , and therefore all subjects stand bare in the presence chamber , wheresoever the chair of state is placed , though the king be many miles distant from thence . he hath a kind of universal influence over all his dominions , every soul within his territories may be said to feel at all times his power and his goodness , omnium domos regis vigilia defendit , omnium otium illius labor , omnium delicias illius industria , omnium vacationem illius occupatio , &c. so a kind of omnipotency , that the king can as it were raise men from death to life , by pardoning whom the law hath condemned ; can create to the highest dignity and annihilate the same at pleasure . divers other semblances of the eternal deity belong to the king. he in his own dominions ( as god ) saith vindicta est mihi , for all punishments do proceed from him in some of his courts of justice , and it is not lawful for any sub●ect to revenge himself . so he onely can be judge in his own cause , though he de●●ver his judgement by the mouth of his judges . and yet there are some ●hings that the king of england cannot do . rex angliae ●ihil injuste potest , and the king cannot devest himself or his successors of any part of his regal power , prerogative , and authority inherent and annext to the crown : not that there ●s any defect in the kings power ( as there is none in gods power , though he cannot lie , nor do any thing that implies contradiction : ) not but that the king of england hath as absolute a power over all his sub●ects as any christian prince rightfully , and lawfully hath o● ever had : not but that he still hath a kind of omnipotency no● to be disputed , but adored by his subjects ; nemo quidem 〈◊〉 factis ejus praesumat disputar● ( saith bracton ) multo minu● contra factum ejus ire , nam d●● chartis & fact is ejus non deben● ne● possunt justiciarii mult● minus privatae personae disputare . not but that the king may do what he please , without either opposition or resistance , and without being questioned by his subjects ; for the king cannot be impleaded for any crime ; no action lieth against his person , because the writ goeth forth in his own name , and he cannot arrest himself . if the king should seize his subjects lands ( which god forbid ) or should take away his goods , having no title by law so to do , there is no remedy . onely this , locus erit ( saith the same bracton ) supplicationi quod factum suum corrigat & emendet , quod quidem si non fecerit , sufficit ei ●d paenam quod dominum dèum expectet vltorem . there may be petitions and supplications made that his majesty will be pleased to rule according to law , which if he shall refuse to do , it is sufficient that he must expect that the king of kings will be the avenger of oppressed loyal subjects . but there are also divers things which the king cannot do , salvo jure , salvo juramento , & salvâ conscientia sua . because by oath at his coronation , and indeed without any oath , by the law of nature , nations , and of christianity ; he holds himself bound ( as do all other christian kings ) to protect and defend his people , to do justice and to shew mercy , to preserve peace and quietness amongst them , to allow them their just rights and liberties , to consent to the repealing of bad laws , and to the enacting of good laws . two things especially the king of england doth not usually do without the consent of his subjects , viz. make new laws , and raise new taxes , there being something of odium in both of them ; the one seeming to diminish the subjects liberty , and the other his property ; therefore that all occasion of disaffection towards the king ( the breath of our nosthrils and the light of our eyes , as he is stiled ) might be avoided , it was most wisely contrived by our ancestors that for both these should petitions and supplications be first made by the subject . these and divers other prerogative rightfully belong and are enjoyed by the king of england . nevertheless the kings of england usually govern this kingdom by the ordinary known laws and customs of the land ( as the great god doth the world by the laws of nature ) yet in some cases for the benefit not damage of this realm , they make use of their prerogatives , as the king of kings doth of his extraordinary power of working of miracles . lastly , to the kings of england quatenus kings , doth appertain one prerogative that may be stiled super-excellent if not miraculous , which was first enjoyed by that pious and good king edward the confessor , which is by the touch to remove and to cure the struma , that stubborn disease , commonly called the kings evil. in consideration of these and other transcendent excellencies , no king in christendom nor other potentate receives from his subjects more reverence , honour , and respect , than the king of england . all his people at their first addresses kneel to him , he is at all times served upon the knee , all persons ( not the prince or other heir apparant excepted ) stand bare in the presence of the king and in the presence chamber , though in the kings absence . only it was once indulged by queen mary for some eminent services performed by henry ratcliffe earl of sussex that ( by patent ) he might at any time be covered in her presence ; but perhaps in imitation of the like liberty allowed by king philip her husband and other kings of spain to some of the principal nobility there called grandees of spain . any thing or act done in the kings presence is presumed to be void of all deceit and evil meaning ; and therefore a fine levied in the kings court , where the king is presumed to be present , doth bind a feme covert , a married woman and others whom ordinarily the law doth disable to transact . the kings only testimony of any thing done in his presence is of as high a nature and credit as any record , and in all writs sent forth for dispatch of justice , he useth no other witness but himself , viz. teste me ipso . of the kings succession to the crown of england . the king of england hath right to the crown by inheritance and the laws and customs of england . upon the death of the king , the next of kindred , though born out of the dominions of england , or born of parents not subjects of england ; as by the law and many examples in the english histories it doth manifestly appear : is and is immediately king before any proclamation , coronation , publication , or consent of peers or people . the crown of england descends from father to son and to his heirs , for want of sons to the eldest daughter and her heirs , for want of daughters to the brother and his heirs , and for want of brother to the sister and her heirs . the salique law or rather custom of france , hath here no more force than it had anciently among the jews , or now in spain and other christian hereditary kingdoms . among turks and barbarians that french custom is still and ever was in use . in case of descent of the crown ( contrary to the custom of the descent of estates among subjects ) the half blood shall inherit ; so from king edward the sixth the crown and crown lands descended to queen mary of the half blood , and again to queen elizabeth of the half blood to the last possessor . at the death of every king die not only the offices of the court , but all commissions granted to the judges durante beneplacito ; and of all justices of peace . if the king be likely to leave his crown to an infant , he doth usually by testament appoint the person or persons that shall have the tuition of him ; and sometimes for want of such appointment , a fit person of the nobility or bishops is made choice of by the three states assembled in the name of the infant king , who by nature or alliance hath most interest in the preservation of the life and authority of the infant , and to whom least benefit can accrue by his death or diminution ; as the uncle by the mothers side , if the crown come by the father , and so vice versa , is made protector ; so during the minority of edward . his uncle by the mothers side the duke of somerset had the tuition of him , and was called protector : and when this rule hath not been observed ( as in the minority of edw. . ) it hath proved of ill consequence . if the king of england be non compos mentis , or by reason of an incurable disease , weakness , or old age , become uncapable of governing , then is made a regent , protector , or guardian , to govern . king edward . being at last aged , sick , and weak , and by grief for the death of the black prince , sore broken in body and mind , did of his own will create his fourth son john duke of lancaster guardian or regent of england . if the king be absent upon any foreign expedition or otherwise ( which antiently was very usual ) the custom was to constitute a vice-gerent by commission under the great seal , giving him several titles and powers according as the necessity of affairs have required ; sometimes he hath been called lord warden or lord of the kingdom , and therewith hath had the general power of a king , as was practised during the absence of edward the first , second , and third , and of henry . but henry . to the title of warden or guardian added the stile of protector of the kingdom and of the church of england ; and gave him so great power in his absence , that he was tantum non rex swaying the scepter , but not wearing the crown ; executing laws , summoning parliaments under his own teste as king , and giving his assent to bills in parliament , whereby they became as binding as any other acts. sometimes during the kings absence the kingdom hath been committed to the care of several noblemen and sometime of bishops , as less dangerous for attempting any usurpation of the crown ; sometimes to one bishop , as hubert archbishop of canterbury was viceroy of england for many years , and when edward . was in flanders ( though his son then but nine years old , had the name of protector ) john stafford archbishop of canterbury was governour both of the kings son and of the realm . lastly , sometimes to the queen , as two several times during the absence of henry . in france . of the queen of england . the queen so called from the saxon konigin , whereof the last syllable is pronounced as gheen in english , it being not unusual to cut off the first syllables , as an almes-house is sometimes called a spital from hospital . she hath as high prerogatives , dignity , and state , during the life of the king , as any queen of europe . from the saxon times the queen consort of england , though she be an alien born , and though during the life of the king she be femme covert ( as our law speaks ) yet without any act of parliament for naturalization or letters pa●ents for denization , she may purchase lands in feesimple , make leases and grants in her own name without the king ; hath power to give , to sue , to contract , as a femme sole may receive by gift from her husband , which no other femme ●overt may do . had anciently a revenue of queen gold or aurum reginae , as the records call it , which was the tenth part of so much as by the name of oblata upon pardons , gifts , and grants , &c. came to the king. of later times hath had as large a dower as any queen in christendome , hath her royal court apart , her courts and officers , &c. the queen may not be impleaded till first petitioned , shall not be amerced , if she be nonsuited as all other subjects are ; if she be plaintiff , the summons in the process need not have the solemnity of dayes , &c. is reputed the second person in the kingdom . the law setteth so high a value upon her as to make it high treason to conspire her death , or to violate her chastity . her officers , as attourney and sollicitor , for the queens sake have respect above others , and place within the barre with the kings council . the like honour , the like reverence and respect that is due to the king , is exhibited to the queen both by subjects and foreigners , and also to the queen dowager or widdow queen , who also above other subjects loseth not her dignity , though she should marry a private gentleman ; so queen katharine , widdow to king henry the fifth , being married to owen ap theodore esquire , did maintain her action as queen of england ; much less doth a queen by inheritance , or a queen soveraign of england , follow her husbands condition , nor is subject as other queens ; but soveraign to her own husband , as queen mary was to king philip. of the sons and daughters of england . the children of the king of england are called the sons and daughters of england , because all the subjects of england have a special interest in them , though the whole power of education , marriage , and disposing of them is only in the king. the eldest son of the king is born duke of cornwall , and as to that dutchy , and all the lands , honours , rents , and great revenues belonging thereunto , he is upon his birth-day persumed and by law taken to be of full age , so that he may that day sue for the livery of the said dukedom , and ought of right to obtain the same , as if he had been full years of age . afterwards he is created prince of wales , whose investiture is performed by the imposition of a cap of estate and coronet on his head , as a token of principality , and putting into his hand a verge of gold , the emblem of government , and a ring of gold on hs finger , to intimate that he must be a husband to his countrey and father to her children . also to him is given and granted letters patents to hold the said principality to him and his heirs kings of england , by which words the separation of this principality is prohibited . from the day of his birth he is commonly stiled the prince , a title in england given to no other subject . the title of prince of wales is ancient and was first given by king edward . to his eldest son ; for the welsh nation till that time unwilling to submit to the yoke of strangers , that king so ordered that his queen was delivered of her first child in caernarvan castle in wales , and then demanded of the welsh , if they would be content to subject themselves to one of their own nation , that could not speak one word of english , and against whose life they could take no just exception . whereunto they readily consenting , the king nominated this his new born son , and afterwards created him prince of wales , and bestowed on him all the lands , honours , and revenues belonging to the said principality . the prince hath ever since been stiled prince of wales , duke of aquitaine and cornwall , and earl of chester and flint , which earldomes are alwayes conferred upon him by his patent , since the union of england and scotland his title hath been magnae britanniae princeps , but more ordinarily the prince of wales . as eldest son to the king of scotland he is duke of rothsay and seneschal of scotland from his birth . the king of englands eldest son ( so long as normandy remained in their hands ) was alwayes stiled duke of normandy . antiently the princes of wales whilest they were soveraigns bare quarterly gules and or lyons passant gardant counterchanged . the arms of the prince of wales differ from those of the king only by addition of a labell of three points , and the device of the prince is a coronet beautified with three ostrich feathers , inscribed with ich dien , which in the german or old saxon tongue is i serve , alluding perhaps to that in the gospel , the heir whilest his father liveth differeth not from a servant . this device was born at the battel of cressy by john king of bohcmia , as serving there under the king of the french , and there slain by edward the black prince , and since worn by the princes of wales , and by the vulgar called the princes arms. the prince by our law is reputed as the same person with the king , and so declared by a statute of henry . corruscat enim princeps ( say our lawyers ) radiis regis patris sui & censetur una persona cum ipso . and the civilians say the kings eldest son may be stiled a king. he hath certain priviledges above other persons . to imagine the death of the prince , to violate the wife of the prince is made high treason . hath heretofore had priviledge of having a purveyor and taking purveyance , as the king. to retain and qualifie as many chaplains as he shall please . to the prince at the age of is due a certain aid of moneys from all the kings tenants and all that hold of him in capite , by knight service , and free socage , to make him a knight . yet as the prince in nature is a distinct person from the king , so in law also in some cases , he is a subject , holdeth his principalities and seignories of the king , giveth the same respect to the king as other subjects do . the revenues belonging to the prince , since much of the lands and demesnes of that dutchy have been aliened ; are especially out of the tinne mines in cornwall , which with all other profits of that dutchy amount yearly to the summe of the revenues of the principality of wales surveyed years ago was above l. yearly , a rich estate according to the value of money in those dayes . at present his whole revenues may amount to till the prince come to be years old , all things belonging to the principality o● wales were wont to be disposed of by commissioners consisting of some principal persons of the clergy and nobility . the cadets or younger son of england , are created no● born dukes or earls of what places or titles the king pleaseth . they have no certain appanages as in france , but onely what the good pleasure of the king bestows upon them . all the kings sons are consilii nati , by birth-right counsellors of state , that so they may grow up in the weighty affairs of the kingdom . the daughters of england are stiled princesse , the eldest of which have an aid or certain rate of money paid by every tenant in capite , knight service , and soccage , towards her dowry or marriage portion . to all the kings children belong the title of royal highness , all subjects are to be uncovered in their presence , to kneel when they are admitted to kiss their hands , and at table they are ( out of the kings presence ) served on the knee . the children , the brothers and sisters of the king , if plaintiffs , the summons in the process need not have the solemnity of dayes , as in case of other subjects . the natural or illegitimate sons and daughters of the king after they are acknowledged by the king take precedence of all the nobles under those of the blood royal. they bear what surname the king pleaseth to give them , and for arms the arms of england with a bend sinister border gobionnee , or some other mark of illegitimation . some kings of england have acknowledged many , and had more illegitimate sons and daughters . king henry the first had no fewer than sixteeen illegitimate children . henry the eighth amongst others had one by elizabeth blount , named henry fitzroy , created by him duke of somerset and richmond earl of notingham , and lord high admiral of england , ireland , and aquitain . of the present king of england . the king now raigning is charles the second of that name . his name of baptisme charles in the german tongue signifies one of a masculine strength or vertue . the royal and also the most princely and antient families of europe at this day have properly no surnames , for neither is burbon the surname , but the title of the royal family of france , nor austria of spain , nor stuart of england , since the coming in of king james ; nor theodore or tudor for his immediate ancestors in england , nor plantagenet for generations before , as some vainly think ; for although geffery duke of anjou was surnamed plantagenet from a broom stalk commonly worn in his bonnet , yet his son h. . king of england was surnamed fitz-empresse , and his son richard coeur de lion : so owen grandfather to king henry . was ap meredith , and he ap theodore , pronounc'd tyder ; surnames being then but little in use amongst the cambrobritans . so walter father to robert king of scotland , from whom our present king is descended , was only by office grand seneschal . or high steward , or stuart of scotland , though of later times by a long vulgar errour it hath so prevailed , that they are accounted surnames of many families descended from him . steward is a contraction from the saxon word stedeward , that is in latine locum-tenens , in french lieu-tenant ; because the lord high steward was regis locum tenens , a name not unfit for any king , who is dei locum tenens , gods stuart or lieutenant or vicegerent upon earth . the king now raigning is son to king charles the martyr and the princess henretta maria , daughter of king henry the great of france ; from which two royal stocks he hath in his veins all the royal blood of europe concentred . is descended lineally and lawfully from the british , saxon , danish , norman , and scottish kings and princes of this island . from the first british king the th monarch , from the scottish in a continued succession for almost years the th , from the saxon the th , and from the first of the norman line the th king. so that for royal extraction and long line of just descent , his majesty now raigning excells all the monarchs of all the christian , if not of the whole , world. is the first prince of great britain so born , and hath in possession larger dominions than any of his ancestors . he was born the th of may . at the royal palace of st. james , over which house the same day at noon was by thousands seen a star , and soon after the sun suffered an eclipse , a sad presage as some then divined that this princes power should for some time be eclipsed ; and some subject signified by a star , should have extraordinary splendor . was christened the th june following by the then bishop of london doctor land. had for godfathers his two uncles lewis the th king of france , and frederick prince palatine of the rhine , then called king of bohemia , represented by the duke of richmond and marquiss hamilton ; his godmother being his grandmother , then queen mother of france , represented by the dutchesse of richmond . had for governess mary countess of dorset , wife to edward earl of dorset . in may he was first knighted , and immediately after he was made knight of the garter , and installed at windsor . about this time by order , not creation , he was first called prince of wales , and had all the profits of that principality , and divers other lands annexed , and earldom of chester granted unto him , and held his court apart from the king. at the age of eight he had for governour the earl , afterwards marquiss , and now duke of newcastle , and for tutor or preceptor doctor duppa , then dean of christchurch , after bishop of salisbury , and lately of winchester . at the age of was with the king his father at the battel of edge-hill , and soon after at oxford was committed to the care of the marquiss of hertford . about years old was in the head of an army in the west of england . at the age of a marriage was proposed between him and the eldest daughter of the king of portugal , the infanta joanna , since deceased . two years after was from cornwall transported to the isle of scilly , and after to jersey , and thence to his royal mother to st. germains near paris . in was at sea with some naval forces , endeavouring to rescue the king his father , then in the isle of wight , out of the wicked hands of his rebellious subjects . not many moneths after , upon the sad news of the horrid murther of his royal father , he was in holland first saluted king , and soon after proclaimed in scotland , being not yet years of age. at the age of from holland he landed in scotland , june , and in january following was crowned at scoon . the d of september fought the battel of worcester , whence after the unfortunate loss of his whole army , wandring in disguise about england for six weeks , he was at length transported from a creek near shoram in sussex to fecam near havre de grace in france ; in which kingdom , with his royal brothers , and divers english nobility , clergy and gentry , he was for some years received and treated as king of england , and by his mediations and interest with the prince of conde and duke of lorraine , then in the head of two great and mighty armies against the french king , quenched the then newly kindled fires of a great and universal rebellion against him , much resembling that of england ; and was a means of recalling the then fled and banished cardinal mazarine : after which in germany , flanders , spain , &c. he passed the residue of his time in the studies and exercises most befitting a prince , in solliciting the aid of christian princes , and in advising and vigorously promoting the several attempts of his friends in england ; until the year , at which time being at brussells within the spanish territories , and perceiving a general inclination and disposition of all england to receive him , he providently removed himself to breda , within the dominions of the united netherlands , in the moneth of april , and thence in may to the hague ; from whence , after a magnificent entertainment and an humble invitation by english commissioners sent from the then convention at westminster , he embarkt at schevling the th of may , and with a gallant english fleet and a gentle gale of wind , landed the th at dover , and on the th following , being his birth-day , and then just years of age , he entred into london , and was there received with the greatest and most universal joy and acclamations and magnificence that could possibly be expressed on so short a warning . on the first of june following his majesty fate in parliament , and on the th of april rode in triumph from the tower to westminster ; on the next day , being st. georges , was crowned with great ceremony . on the th of may following declared to his parliament his resolution to marry the infanta of portugal , who accordingly in may , being landed at portsmouth was there espoused to the king by the then bishop of london , now archbishop of canterbury . of the present queen of england . donna catherina infanta of portugal being queen consort of england , and the second person in the kingdom , was daughter of don juan the fourth of that name , king of portugal , descended from our english john of gaunt , duke of lancaster and king of castile , and jean fourth son of edward the third king of england , and of donna lucia daughter of don guzman el bueno a spaniard , duke of medina sidonia , who was lineally descended from ferdinando de la cerde and his consort blanche , to whom st. lewis king of france her father relinquisht his right and title to spain , descended to him by his mother blanche , eldest daughter and heir of alphonso the spanish king. she was born the th of november at villa vicosa in portugal , she was baptized catherina , signifying in greek pure , her father being then duke of braganza ( though right heir of the crown of portugal ) the most potent subject in europe , for a third part of portugal was then holden of him in vassallage ; and is only . sister at present of don alphonso the sixth of that name , and th king of portugal , born . hath one brother more called don pedro , born . had another brother called don theodosio , the eldest son of that king , who was the most gallant and hopeful prince of all europe , but died , aged but years , yet his life thought worthy to be written by divers grave authors of portugal . having been most carefully and piously educated by her mother , and at the age of desired in marriage by king charles the second , and the marriage not long after concluded ( by the negotiation of don francisce de melo conde de ponte marquis de sande and then extraordinary ambassadour of the king of portugal , and solemnized at lisbon . she embarkt for england upon the th of april , being the festival of st. george , patron as well of portugal as england , and was safely by the earl of sandwich conducted by a squadron of ships to portsmouth ; where the king first met her , and was remarried . on the th of august her majesty coming by water from hampton court , was with great pomp and magnificence first received by the lord mayor and aldermen of london at chelsey , and thence conducted by water to whitehall . the portion she brought with her was eight hundred millions of reas or two millions of crusado's , being about three hundred thousand pounds sterling ; together with that important place of tangier upon the coast of africk , and the isle of bombaim neer goa in the east indies , with a priviledge that any subjects of the king of england may trade freely in the east and vvest indie plantations belonging to the portugueses . her majesties joynture by the articles of marriage is thirty thousand pounds sterling per annum , and the king out of his great affection toward her , hath as an addition settled upon her l. per annum more . the queens arms as daughter of portugal , is argent scutcheons azure cross wise , each scutcheon charged with plates or besants argent saltier-wise , with a point sable , the border gules , charged with castles or. this coat was first worn by the kings of portugal , in memory of a signal battel obtained by the first king of portugal don alphonso against kings of the moors , before which battel appeared christ crucified in the air , and a voice heard , as once to constantine the great , in hoc signo vinces : before which time the portugal arms were argent a cross azure . queen catherine is a personage of such rare perfections of mind and body , of such eminent piety , modesty , and other vertues , that the english nation may yet promise all the happiness they are capable of from a succession of princes to govern them to the end of the world. of the queen-mother . the third person in the kingdom is the queen-mother , or dowager , henretta maria de bourbon , daughter to the great king henry the fourth , sister to the just king lewis the eleventh , wife to the pious martyr king charles the first , mother to our gracious sovereign king charles the second , and aunt to the present puissant king lewis the th . she was born the th of november , married first at nostre dame in paris by proxy , and shortly after in the moneth of june arriving at dover , was at canterbury espoused to king charles the first . in the year . was delivered of her first born , a son that died shortly after in of her second , our present soveraign , whom god long preserve ; in of her third , mary , the late princess of orenge , a lady of admirable vertues , who had the happiness to see the king her brother restored or moneths before her death . in of her fourth , james , now duke of york . in of her fifth , named elizabeth , who being a princess of incomparable abilities and vertues , died for grief soon after the murther of her father . in of her sixth , named anna , who died young . in the year of her seventh child henry of oatlands , designed duke of glocester , who living till above , being most excellently accomplished in all princely endowments , died four moneths after the restauration of the king. in the year of her eighth , the lady henretta , now dutchess of orleans . in the year her majesty fore-seeing the ensuing storm of rebellion , and seeing the groundless odium raised already against her self , timely withdrew her self with her eldest daughter ( then newly married to henry prince of orange , into holland , whence in after a most furious storm and barbarous fierce pursuit of the english rebels at sea , she landed at burlington bay with men , money , and ammunition , and soon after with a considerable army met the king at edgehill , and thence was conducted to oxford . in april marching with competent forces from oxford towards exeter , at abington took her last farewel of the king , whom she never saw again . in july following embarkt at pendennis castle , she sailed into france , where entertained at the charges of her nephew the persent king of france , she passed a solitary retired life until the moneth of october . when upon the restauraution of her son to the crown of england , she came to london , and having settled her revenues here , she went again with her youngest daughter the lady henretta into france , to see her espoused to the then duke of anjou , now of orleans ; and in the moneth of july being returned into england , she settled her court at somerset-house , where she continued till may , then crossed the seas again , and hath ever since continued in france her native countrey . she needeth no other character then what is found in the seventh chapter of that inimitable book compiled by him that knew her best . of the present princes and princesses of the blood royal of england . the first prince of the blood ( in france called monsieur sans queue ) is the most illustrious prince james duke of york , second son to king charles the martyr , and only brother to the present king our soveraign . he was born octob. . , and forth-with proclaimed at the court gates duke of york ; the th of the same moneth was baptized , and afterward committed to the government of the then countess of dorset . the th of july at oxford was created by letters patents duke of york ( though called so by special command from his birth ) without those solemnities ( the iniquity of the times not admitting thereof ) that were used to the king his father , when being second son to king james , and so duke of albany in scotland , was created duke of york with the preceding solemn creation of divers young noblemen to be knights of the bath , and the robes of state put upon him , the cap of state on his head , and the golden rod into his hand , the prime nobility and heralds assisting at that ceremony . after the surrender of oxford his royal highness was in conveyed to london by the then prevailing disloyal part of the two houses of parliament , and committed with his brother glocester and sister elizabeth to the care of the earl of northumberland . in aged about , was by colonel bampfield conveyed in a disguise or habit of a girle beyond sea , first to his sister the princess royal of orenge in holland , and afterward to the queen his mother then at paris , where he was carefully educated in the religion of the church of england , and in all exercises meet for such a prince . about the age of in france he went into the campagne , and served with much gallantry under that great commander the protestant mareschal de turenne for the french king against the spanish forces in flanders . notwithstanding which , upon a treaty between the french king and cromwell in , being obliged with all his retinue to leave the french dominions , and invited into flanders by don juan of austria , he there served under him against the french king , then leagued with the english rebels against spain ; where his magnanimity and dexterity in martial affairs ( though unsuccessful ) were very eminent . in the year came over with the king into england , and being lord high admiral in the year , in the war against the vnited states of the netherlands , commanded in person the whole royal navy on the seas between england and holland , where with incomparable valour and extraordinary hazard of his own royal person , after a most sharp dispute he obtained a signal victory over the whole dutch fleet commanded by admiral opdam , who perisht with his own and many more ships in that fight . he married anne the eldest daughter of edward earl of clarendon , late lord high chancellour of england , by whom he hath had a numerous issue , whereof are living , first the lady mary , born april , whose godfather was prince rupert , and godmothers the dutchesses of buckingham and ormond . secondly , the lady anne born in febr. , whose godfather was gilbert lord archbishop of canterbury , her godmothers were the young lady mary her sister and the dutchess of monmouth . she is lately for her health transported into france . thirdly , sept. was born edgar , lately created duke of cambridge by letters patents under the great seal of england , whose godfathers were the duke of albemarle and the marquiss of worcester , his godmother the countess of suffolk . the titles of his royal highness are duke of york and albany , earl of ulster , lord high admiral of england , ireland , and all foreign plantations , constable of dover castle , lord warden of the cinque ports , governour of portsmouth , &c. of the prince of orenge . next to the duke of york and his issue is william of nassau prince of orenge , only issue of the lately deceased princess royal mary , eldest daughter to king charles the first , and wedded to william of nassau , commander in chief of all the forces of the states general both by land and by sea. his highness the present prince was born dayes after his fathers death on the th novemb. , had for godfathers the lords states general of holland and zealand , and the cities of delft , leyden , and amsterdam . his governess was the lady stanhop , then wife to the heer van hemvliet . at years of age was sent to the university of leyden . his revenue is about l. sterling , besides military advantages enjoyed by his father and ancestors , which amounted yearly to about l. sterling more . he is a prince in whom the high and princely qualities of his ancestors already appear . of the princess henretta . the next heir ( after the fore-named ) to the english crown , is the princess henretta , only sister living to the present king of england . she was born the th of june at exeter during the heat of the late rebellion , after the surrender of exeter conveyed to oxford , and thence to london , whence with her governess the lady dalkieth , she escaped into france , was there educated as became her high birth and quality , but being left wholly to the care and maintenance of the queen her mother at paris , embraced the romish religion . at the age of years came with the queen mother into england , and moneths after returning into france , was married to the only brother of the french king the illustrious prince philip then duke of anjou , till the death of his uncle , and now duke of orleans , whose revenue is livres tournois , besides his appanage , not yet setled . her portion was l. sterling , her joynture to be the same with the present dutchess dowager of orleans . this princess hath issue one daughter , if she hath a son , the french king allows him crowns yearly , and the appanage after the death of the present duke reverts to the crown . of the prince elector palatine . there being left alive no more of the off-spring of king charles the first , the next heirs of the crown of england are the issue and descendants of elizabeth late queen of bohemia , only sister to the said king , who was married to frederick prince palatine of the rhine , afterwards stiled king of bohemia , whose eldest son living is charles lodowick prince elector palatine of the rhine , commonly called the palsgrave , from the high dutch pfaltzgraff , palatii comes , was born the the th december at heydelberg , and afterwards in holland at the hague , and at the university of leyden , was educated in a princely manner . at the age of years came into england , was created knight of the garter , about two years after fought a battel in westphalia . in the year passing incognito thorow france to take possession of brisach upon the rhine , which the duke saxon weymar intended to deliver up unto him , together with the command of his army , he was by that quick-sighted cardinal richlieu discovered at moulins , and thence sent back prisoner to the bois de vincennes , whence after weeks imprisonment he was by the mediation of the king of england set at liberty . in the year he came again into england , and with the kings secret consent ( because the king could not continue unto him the wonted pension , whilst the rebels possest the greatest part of his majesties revenues ) made his addresses to , and abode with the disloyal part of the lords and commons at westminster , until the murder of the said king and the restauration of the lower palatinat , according to the famous treaty at munster , for which he was constrained to quit all his right to the upper palatinat , and accept of an eighth electorship , at a juncture of time when the king of england ( had he not been engaged at home by an impious rebellion ) had been the most considerable of all other at that treaty , and this prince his nephew would have had the greatest advantages there . in he espoused the lady charlotte , daughter to the landgrave of hessen , by which lady he hath one son named charles , aged about , and one daughter aged about . of prince rupert . next to the issue of the prince elector palatin is prince rupert , born at prague novemb. , not long before that very unfortunate battel there fought , whereby not only all bohemia was lost , but the palatin family was for almost years dispossest of all their possessions in germany . at years of age he marcht with the then prince of orenge to the siege of rhineberg ; afterwards in england was created knight of the garter . at the age of he commanded a regiment of horse in the german wars , and in a battel being taken by the imperialists under the command of count hatzfield , he continued a prisoner above three years . in returning into england , and made general of the horse to the king , fights and defeats collonel sands near worcester , routed the rebels horse at edge-hill , took cirencester , recovered lichfield and bristol , raised the long siege before latham house , fought the great battel at marston moor ; was created earl of holderness , and duke of cumberland , after the extinction of the male line of the cliffords . finally , the kings forces at land being totally defeated , he transported himself into france , and was afterward made admiral of such ships of war as submitted to king charles the second , to whom after divers disasters at sea , and wonderful preservations , he returned to paris , where and in germany , sometimes at the emperours court , and sometimes at heydelberg , he passed his time in princely studies and exercises till the restauration of his majesty now raigning ; after which returning into england , was made a privy counsellour in , and in being joyned admiral with the duke of albemarle , first attackt the whole dutch fleet with his squadron , in such a bold resolute way that he put the enemy soon to flight . he enjoys a pension from his majesty of l. per annum . after prince rupert the next heirs to the crown of england are french ladies , daughters of prince edward lately deceased , who was a younger son of the queen of rehemia , whose widdow the princess dowager mother to the said three ladies is sister to the late queen of poland , daughter and coheir to the last duke of nevers in france , amongst which three daughters there is a revenue of about l. sterling a year . after these is the princess elizabeth eldest sister living to the prince elector palatin , born decemb. . unmarried and living in germany . the next is another sister , called the princess louisa , bred up at the hague with the queen her mother in the religion of the church of england , at length embracing the romish religion , is now lady abbess of maubisson at ponthoise , not far from paris . last of all is the princess sophia , youngest daughter to the queen of bohemia , born at the hague . and in wedded to john duke of lunenberg , and free prince of germany , heir to the dutchy of brunswick , by whom she hath sons and daughters . of these three princesses it is said , that the first is the most learned , the second the greatest artist , and the last one of the most accomplisht ladies in europe . of the great officers of the crown . next to the king and princes of the blood are reckoned the great officers of the crown ; whereof there are eight , viz. the lord high chancellour , the lord high treasurer , the lord privy seal , the lord high admiral , the lord great chamberlain , the lord high constable , the earl marshal , and the lord high steward for the time being . first , the lord high chancellour , summus cancellarius , so called , because all patents , commissions , warrants , coming from the king , and perused by him , are signed if well , or cancelled , if amiss . he is after the king and princes of the blood in civil affairs , the highest person in the kingdom , as the archbishop of canterbury is in ecclesiastical affairs . his office is to keep the kings great seal , to judge not according to the common law , as other civil courts do , but to moderate the rigour of the law , and to judge according to equity , conscience , or reason . his oath is to do right to all manner of people poor and rich , after the laws and customs of the realm , and truly counsel the king , to keep secret the kings counsel , nor suffer so far as he may that the rights of the crown be diminisht , &c. from the time of henry . the chancellours of england have been ordinarily made of bishops or other clergy-men learned in the civil laws , till henry . made chancellour one richard rich a common lawyer , from whom is descended the present earl of warwick and the earl of holland ; since which time there have been some bishops , but most common lawyers . this high office is in france durante vitâ , but here is durante beneplacito regis . the salary from the king is l. per annum , and when the star-chamber was up , l. per annum more for his attendance there . the lord chancellour or lord keeper ( who differ only in name ) is created per traditionem magni sigilli sibi per dominum regem , and by taking his oath . the great seal being lately taken from edward earl of clarendon lord chancellour , was by his majesties great favour bestowed upon sir orlando bridgeman , with the title of lord keeper of the great seal of england . the next great officer of the crown is the lord high treasurer of england , who receives this high office by delivery of a white staffe to him by the king , and holds it durante beneplacito regis . antiently he received this dignity by the delivery of the golden keys of the treasury . his oath is little different from that of the lord chancellour . he is praefectus aerarii , a lord by his office , under whose charge and government is all the kings revenue kept in the exchequer . he hath also the check of all the officers any way emploied in collecting imposts , customs , tributes , or other revenues belonging to the crown . he hath the gift of all customers , controllers , and searchers in all the ports of england . he hath the nomination of the escheators in every county , and in some cases by statute is to appoint a measurer for the length and breadth of clothes . he with others joyned in commission with him or without , letteth leases of all the lands belonging to the crown . he giveth warrants to certain persons of quality to have their wine custom free . the annual salary of the lord high treasurer is in all li. s . d . per annum . since the decease of thomas wriothesly last earl of south-hampton , and last lord high treasurer of england , this office hath been executed by a commission granted to five eminent persons , viz. the duke of albemarle , lord ashley , sir thomas clifford , sir will. coventry , and sir john duncomb . the third great officer of the crown is the lord privy seal , who is a lord by his office , under whose hands pass all charters and grants of the king , and pardons signed by the king , before they come to the great seal of england ; also divers other matters of less concernment , as for payments of money , &c. which do not pass the great seal . he is by his place of the kings privy council , and chief judge of the court of requests , when it shall be re-continued ; and besides his oath of privy counsellour , takes a particular oath as lord privy seal . his salary is his place according to statute is next to the lord president of the kings council . it is an office of great trust and skill , that he put not this seal to any grant without good warrant under the kings privy signet ; nor with warrant , if it be against law or custom , until that the king be first acquainted . this great officer is mentioned in the statutes of rich. . and then ●anked amongst the chief persons of the realm . and is at present enjoyed by john lord robarts , baron robarts of truro . the fourth great officer of the crown is the lord high admiral of england , whose trust and honour is so great , that this office hath usually been given either to some of the kings younger sons , near kinsmen , or to some one of the highest and chiefest of all the nobility . he is called admiral from amir in arabick and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in the greek , that is praefectus marinus , a word borrowed from the eastern empire , where such kind of compounds were much in re-request and introduced into england after the wars in the holy land by king richard or king edward . the patent of the lord admiral did anciently run thus , angliae , hiberniae , & aquitaniae , magnus admirallus , but at present thus , angliae & hiberniae ac dominiorum & insularum earundem , villae callesiae , & marchiarum ejusdem , normandiae , gasconiae , & aquitaniae , magnus admirallus & praefectus generalis classis & marium dictorum regnorum . to the lord high admiral of england is by the king intrusted the management of all marine affairs , as well in respect of jurisdiction as protection . he is that high officer or magistrate to whom is committed the government of the kings navy , with power of decision in all causes maritime , as well civil as criminal ; of all things done upon or beyond the sea in any part of the world , all things done upon the sea coasts in all ports and havens , and upon all rivers below the first bridge next toward the sea. the lord admiral hath the power to commissionate a vice-admiral , a reer admiral , and all sea captains , also deputies for particular coasts , coroners to view dead bodies found on the sea coasts or at sea , commissioners or judges for exercising justice in the court of admiralty , to imprison , release , &c. he hath sometimes a power to bestow knighthood to such as shall deserve it at sea. to the lord admiral belongs by law and custom all penalties and amercements of all transgressors at sea , on the sea shore , in ports , and from the first bridge on rivers towards the sea ; also the goods of pyrats , felons , or capital faulters , condemned , outlawed , or horned . moreover all waifs , stray goods , wrecks of sea , deodands , a share of all lawful prizes , lagon , jetson , and flotson , as the mariners term them ; that is , goods lying in the sea on ground , goods floting on the sea , and goods cast by the sea on the shore , not granted to lords of mannors adjoyning to the sea : all great fishes , as sea hogs , and other fishes of extraordinary bigness , called royal fishes , except only whales and sturgeons . this high dignity is at present enjoyed by the kings only brother the illustrious prince james duke of york . the fifth great officer of the crown is the lord great chamberlain of england , an officer of great antiquity , to whom belongs livery and lodging in the kings court , and certain fees due from each archbishop and bishop when they do their homage or fealty to the king , and from all peers of the realm at their creation , or doing the homage or fealty , and at the coronation of any king to have ells of crimson velvet for his own robes , and on the coronation day before the king riseth to bring him his shirt , coyfe , wearing clothes , and after the king is by him apparelled and gone forth , to have his bed and all furniture of his bed-chamber for his fees , all the kings night apparel , and to carry at the coronation the coyfe , gloves , and linnen to be used by the king upon that occasion ; also the sword and scabberd , and the gold to be offered by the king , and the robe royal and crown , and to undress and attire the king with his robes royal , and to serve the king that day before and after dinner with water to wash his hands , and to have the basin and towells for his fees , &c. this honour was long enjoyed by the earls of oxford , from the time of hen. . by an estate tayle or inheritance , but in the two last coronations by the earls of lindsey , and that by an estate of inheritance from a daughter or heir general claimed and controverted . the sixth great officer is the lord high constable of england . so called some think from the saxon cuning , by contraction king and stable , quasi-regis columen , for it was antiently written cuningstable , but rather from comes stabuli , whose power and jurisdiction was antiently so great , that after the death of edward bohun duke of buckingham the last high constable of england , it was thought too great for any subject . but since upon occasion of coronations ( as at that of king charles . was made the present earl of northumberland ) and at solemn trials by combat ( as at that which was intended between rey and ramsey , was made robert earl of lindsey ) there is created pro hac vice a lord high constable . his power and jurisdiction is the same with the earl marshal , with whom he sits judge in the marshals court , and takes place of the earl marshal . the seventh great officer of the crown is the earl marshal of england , so called from mare in the old saxon ( i.e. ) horses , and schal praefectus . he is an earl some say by his office , whereby he taketh as the constable doth , cognisance of all matters of war and arms , determineth contracts touching deeds of arms out of the realm upon land , and matters concerning wars within the realm , which cannot be determined by common law. this office is of great antiquity in england , and antiently of great power . the last earl marshal was henry howard earl of arundel , who died in , his father thomas earl of arundel and he enjoying that office onely for the term of their lives by the kings letters patents . at the coronation of his majesty now raigning , the present earl of suffolk for that solemnity only was made earl marshal . the eighth and last great officer of the crown is the lord high steward of england , quasi stedeward locum tenens the kings lieftenant , in lawyers latin seneschallus of sen , in saxon , justice , and schals governour or officer . his power antiently in civil matters was next to the king , and was so transcendent , that it was thought fit not longer to trust it in the hands of any subject , for his office was supervidere & regulare sub rege & immediatè post regem ( as an antient record speaks ) totum regnum angliae & omnes ministros legum infra idem regnum temporibus pacis & guerrarum . the last that had a state of inheritance in this high office was henry of bullinbrook ( son and heir to the great duke of lancaster john of gaunt , afterwards king of england : ) since which time they have been made only hâc vice , to officiate at a coronation , by vertue of which office he sitteth judicially and keepeth his court in the kings palace at westminster , and there receiveth the bills and petitions of all such noblemen and others , who by reason of their tenure or otherwise , claim to do services at the new kings coronation , and to receive the fees and allowances due and accustomed ; as lately at the coronation of king charles the second , the duke of ormond was made for that occafion lord high steward of england , and ( marching immediately before the king ) bore in his hands st. edwards crown : or else for the arraignment of some peer of the realm , their wives or widdows , for treason or felony , or some other great crime , to judge and give sentence , as the antient high stewards were wont to do ; which ended , his commission expireth : during such tryal he sitteth under a cloth of estate , and they that speak to him say , may it please your grace my lord high steward of england . his commission is to proceed secundum legem & consuetudinem angliae . he is sole judge , yet doth call all the twelve judges of the land to assist him . is not sworn , nor the lords who are the tryers of the peer arraigned . during his stewardship he bears a white staffe in his hand , and the tryal being over , openly breaks it , and so his office takes an end . of the kings court. the court of the king of england is a monarchy within a monarchy , consisting of ecclesiastical , civil , and military persons and government . for the ecclesiastical government of the kings court there is first a dean of the kings chappel , who is usually some grave learned prelate , chosen by the king , and who as dean acknowledgeth no superiour but the king ; for as the kings palace is exempt from all inferiour temporal jurisdiction , so is his chappel from all spiritual ; it is called capella domenica , the demean chappel , is not within the jurisdiction or diocess of any bishop , but as a regal peculiar exempt and reserved to the visitation and immediate government of the king , who is supreme ordinary , and as it were prime bishop over all the churches and bishops of england . by the dean are chosen all other officers of the chappel , viz. a subdean or praecentor capellae , gentlemen of the chappel , whereof are priests , and one of them is confessor to the kings houshold , whose office is to read prayers every morning to the family , to visit the sick , to examine and prepare communicants , to inform such as desire advice in any case of conscience or point of religion , &c. the other gentlemen , commonly called clerks of the chappel , are with the aforesaid priests to perform in the chappel the office of divine service in praying , singing , &c. one of these being well skilled in musick , is chosen master of the children , whereof there are in ordinary , to instruct them in the rules and art of musick for the service of the chappel . three other of the said clerks are chosen to be organists , to whom are joyned upon sundayes , collar dayes , and other holy-dayes , the saickbuts and cornets belonging to the kings private musick , to make the chappel musick more full and compleat . there are moreover officers called vergers , from the silver rods carried in their hands , also a sergeant , yeomen ; and a groom of the chappel . in the kings chappel thrice every day prayers are read , and gods service and worship performed with great decency , order , and devotion , and should be a pattern to all other churches and chappels of england . twelve dayes in the year , being high and principal festivals , his majesty after divine service , attended with his principal nobility , adorned with their collars of esses , in a grave solemn manner at the altar offers a sum of gold to god , in signum specialis dominii , that by his grace he is king , and holdeth all of him . all offerings made at the holy altar by the king and the queen , did antiently belong to the disposal of the archbishop of canterbury , if his grace were present , wheresoever the court was , but now to the dean of the chappel . those dayes are first christmass , easter , whitsunday , and all saints , called houshold-dayes , upon which the besant or gold to be offered , is delivered to the king by the lord steward or some other of the principal officers : then new-years-day and twelf-day , upon the later of which gold , frankincense , and myrrhe , in several purses are offered by the king : lastly , candlemas , anuntiation , ascention , trinity sunday , st. john baptist , and michaelmass day , when only gold is offered . upon christmass , easter , and whitsunday , his majesty usually receives the holy sacrament , none but two or three of the principal bishops communicating with him. the king hath also ( besides many extraordinary ) chaplains in ordinary , who are usually eminent doctors in divinity ; whereof every moneth wait at court to preach in the chappel on sundayes and other festivals before the king , and in the morning early on sundayes before the houshold , to read divine service before the king out of chappel daily twice in the kings private oratory , to give thanks at table , in the clerk of the closets absence . in time of lent , according to antient laudable custom , the divine service and preaching is performed in a more solemn manner . antiently at court there were sermons in lent only , and that in the afternoon , in the open court , and then only by bishops , deans , and principal prebends : our ancestors judging that time enough and those persons only fit to teach such an auditory their duty to god and man. antiently also the lent preachers were all appointed by the archbishop of canterbury . now on the first wednesday , called ashwednesday , in the morning , begins the dean of the chappel to preach , and on each wednesday after one of his majesties more eloquent chaplains , and every friday the dean of some cathedral or collegiat church , and on the last friday , called good friday , is alwayes to preach the dean of westminster ; and on every sunday in lent some , right reverend bishop preacheth , and on the last sunday of lent , called palm-sunday , is to preach an archbishop , and upon easter day the lord high almoner , who is usually some principal bishop , that disposeth of the kings almes , and for that use receiveth ( besides other moneys allowed by the king ) all deodands & bona felonum de se , to be that way disposed . in france the grand aumosnier is principal of all the ecclesiastiques of the court , and all officers of the kings chappel , he receiveth their oaths of allegeance , and himself swears only to the king for that office ; he hath the disposition of all hospitals , the charge for delivering prisoners pardoned by the king at his coming to the crown , or at his coronation or first entrance into any of his cities . under the lord high almoner there is a subalmoner , two yeomen , and two grooms of the almonry . besides all these , the king hath a clerk of the closet or confessor to his majesty , who is commonly some reverend discreet divine , extraordinarily esteemed by his majesty , whose office is to attend at the kings right hand during divine service , to resolve all doubts concerning spiritual matters , &c. the present dean of the chappel is doctor herbert crofts bishop of hereford , whose fee is l. yearly and a table , his subdean is doctor jones , whose fee is l. yearly . the fee of each priest and clerk of the chappel is l. yearly . the clerk of the closet is doctor blandford bishop of oxford , hath no fee. the lord high almoner is doctor henchman bishop of london , hath no fee : his sub-almoner is doctor perinchef , whose fee is l. s. d. of the civil government of his majesties houshold . for the civil government of the kings court , the chief officer is the lord steward , quasi stede ward locum tenens , called also in the time of henry . the great master of the kings houshold after the french mode , but primo mariae , and ever since called the lord steward of the kings houshold . he hath authority over all officers and servants of the kings house , except those of his majesties chappel , chamber , and stable &c. he judgeth of all disorders committed in the court , or within the verge , which is every way within miles of the chief tunnel of the court ( only london by charter is exempted ) for the law having an high esteem of the dignity of the kings settled mansion house , laid out such a plot of ground about his house ( as a half-pace or foot-carpet spread about the kings chair of estate that ought to be more cleared and void than other places ) to be subject to a special exempted jurisdiction depending on the kings person and great officers , that so , where the king comes , there should come with him peace and order , and an awfulness and reverence in mens hearts , besides it would have been a kind of eclipsing of the kings honour , that where the king was , any justice should be sought , but immediately from the kings own officers , and therefore from very antient times the jurisdiction of the verge hath been executed by the lord steward with great ceremony in the nature of a peculiar kings bench , and that not only within but without the kings dominions ; for so it is recorded that one engleam of nogent in france for stealing silver dishes out of the house of edward . king of england , then at paris ( after the matter had been debated in the council of the king of france touching the jurisdiction , and ordered that the king of england should enjoy this kingly prerogative of his houshold ) was condemned by sir robert fitz-john then steward to the king of england , and hanged in st. germans fields . the lord steward is a white staffe officer , for he in the kings presence carrieth a white staffe , and at other times going abroad , it is carried by a foot-man bare-headed . at the death of the king , over the hearse made for the kings body , he breaketh this staffe , and thereby dischargeth all the officers , whom the succeeding king , out of his meer grace doth re-establish each one in his former office. this eminent emploiment is now enjoyed by james duke of ormond , lord lieftenant of ireland , whose fee is l. yearly , and dishes daily each meal , with wine , beer , &c. the next officer is the lord chamberlain , who hath the over-sight of all officers belonging to the kings chamber , except the precincts of the kings bed-chamber , which is wholy under the groom of the stool ; and all above stairs ; who are all sworn by him ( or his warrant to the gentlemen ushers ) to the king. he hath also the over-sight of the officers of the wardrobes at all his majesties houses , and of the removing wardr . or of beds , of the tents , revels , musick , comedians , hunting , and of the messengers , of the trumpetters , drummers , of all handy-crafts and artisans retained in the kings service . moreover he hath the over-sight of the heraulds and pursivants , and sergeants at arms , of all physitians , apothecaries , surgeons , barbers , &c. to him also belongeth the over-sight of the chaplains , though himself be a lay-man ; contrary in this particular to the antient custom of england , and modern custom of all other kingdoms , where ecclesiastiques are never under the ordering of lay-men . the fee of the lord chamberlain of the kings house is l. yearly , and dishes each meal , with all the appurtenances . this office is now in the hands of edward montague , lord montague , and earl of manchester . most of the above-named offices and places are in the gift and disposal of the lord chamberlain . the third great officer of the kings court is the master of the horse , antiently called comes stabuli , or constable , to whom a highe● employment and power was then given , and this taken from him . this great officer hath now the ordering and disposal of all the kings stables and races of horses , and had heretofore of all the posts of england . he hath also the power over escuiries and pages , over the footmen , grooms , riders of the great horses , farriers , smiths , coach-men , sadlers , and all other trades working to the kings stables , to all whom he ( or by his warrant the avener ) giveth an oath to be true and faithful . he hath the charge of all lands and revenues appointed for the kings breed of horses , and for charges of the stable , and for litters , coaches , sumpter horses , &c. also for the charges of coronations , marriages , entries , cavalcades , funerals , &c. he only hath the priviledge to make use of any horses , pages , foot-men belonging to the kings stable . at any solemn cavalcade he rides next behind the king , and leads a lear horse of state. this great honour is now enjoyed by george monk duke of albemarle , in consideration of his unparalleld services to the king , to his crown and dignity at a juncture of time when his affairs and friends were in a very desperate condition . his yearly fee is l. s. d. under these three principal officers of his majesties houshold are almost all the other officers and servants . first under the lord steward in the compting-house is the treasurer of the houshold . comptroller . cofferer . master of the houshold . two clerks of the green-cloth . two clerks comptrollers . one sergeant . two yeomen . the cofferers clerk. the groom . two messengers . it is called the compting-house , because the accompts for all expences of the kings houshold are there taken daily by the lord steward , the treasurer , the comptroller , the cofferer , the master of the houshold , the two clerks of the green cloth , and the two clerks comptrollers , who also there make provisions for the houshold , according to the law of the land , and make payments and orders for the well governing of the servants of the houshold . in the compting-house is the green-cloth , which is a court of justice continually sitting in the kings house , composed of the persons last mentioned ; whereof the three first are usually of the kings privy council . to this court , being the first and most ancient court of england , is committed the charge and oversight of the kings court royal for matters of justice and government , with authority for maintaining the peace within miles distance , wheresoever the court shall be ; and within the kings house the power of correcting all the servants therein that shall any way offend . it is called the green cloth , of a green cloth whereat they sit , over whom are the arms of the compting house , bearing vert a key and a rod or , a staffe argent saultier , signifying their power to reward and correct , as persons for their great wisdom and experience thought fit by his majesty to exercise both these functions in his royal house . the treasurer of the kings house is alwayes of the privy council , and in absence of the lord steward hath power with the comptroller and steward of the marshalsea to hear and determine treasons , felonies , and other inferiour crimes committed within the kings palace , and that by verdict of the kings houshold . houshold servants within the check roll , if any be found guilty of felony , no benefit of glergy is to be allowed him . antiently this court might have held pleas of freehold also . his yearly fee l. s. d. and a table of dishes each meal . he bears a white staffe , and is at present sir thomas clifford . the comptrollers office is to controul the accounts and reckonings of the green cloth. his yearly fee is l. s. d. a table of dishes each meal . he bears a white staffe , and is at present the lord newport . the cofferer is also a principal officer , hath a special charge and oversight of other officers of the house , for their good demeanour and carriage in their offices , and is to pay the wages to the kings servants below stairs . his yearly fee is l. a table of dishes daily , and is now colonel will. ashburnbam . the next is the master of the houshold , whose office is to survey the accounts of the house . his fee marks and dishes daily , enjoyed by sir herbert price . the two clerks of the green cloth are sir henry wood and sir stephen fox , and the two clerks comptrollers sir william boreman and sir winston churchill . the yearly fee to each of these four , is l. s. d. and between them tables of dishes to each table . the rest of the compting-house being less considerable , shall for brevity be past over , and for other officers below stairs , onely their names and number shall be noted , their fees being not considerable , except the sergeants fee of each office. in the bake-house , a sergeant , a clerk , divers yeomen , a garnitor , divers purveyors , grooms and conducts , in all persons . in the pantry , a sergeant , yeomen , grooms , pages , &c. in all . in the cellar , a sergeant , a gentleman , yeomen , grooms , purveyors , pages , in all . in the buttry , a gentleman , yeoman , grooms , pages , purveyors , in all . in the pitcher-house , a yeoman , grooms , page , and clerk , in all persons . in the spicery , three clerks and a grocer . in the chandlery , a sergeant , yeomen , grooms , and a page , in all persons . in the wafery , a yeoman and a groom . in the confectionary , a sergeant , yeomen , a groom , and a page . in the ewry , a sergeant , a gentleman , yeomen , a groom , and pages . in the landry , a yeoman , a groom , pages , and a draper . in the kitchin , six clerks , a master cook to the king , a master cook to the houshold , yeomen , grooms , children , in all persons . in the larder , a sergeant , a clerk , yeomen , grooms , pages . in the 〈◊〉 or the caterers office , a sergeant , a clerk , purveyors for flesh and fish , yeomen , in all persons . in the boyling-house , a yeoman , grooms . in the poultry , a sergeant , a clerk , yeomen , grooms , purveyors , in all persons . in the scalding-house , yeomen , grooms , and pages , in all . in the pastry , a sergeant , a clerk , yeomen , grooms , and children , in all persons . in the scullery , a sergeant , a clerk , yeomen , grooms , and pages , in all persons . in the wood-yard , a sergeant , a clerk , yeomen , groom , and pages , in all persons . harbingers , gentlemen , yeomen . in the almonry , sub-almoner , yeomen , grooms . porters at gate , a sergeant sir edward bret , yeomen , grooms . cart-takers , in number . surveyors of the dresser , persons . marshals of the hall , . sewers of the hall , . wayters of the hall , . messenger of the compting-house , . bell-ringer , . long-cart-takers , . wine-porters , . wood-bearer , . the cock , . supernumerary servants to the last king , viz. in the poultry , in the almonry , and in the pastry . besides the fore-named officers below stairs , there are also under the said lord steward all the officers belonging to the queens kitchin , cellar , pantry , &c. and to the kings privy kitchin , and to the lords kitchin , together with children , scowrers , turn-broaches , &c. in all . a list of his majesties servants in ordinary above stairs . gentlemen of the bed chamber , whereof the first is called groom of the stole , that is ( according to the signification of the word in greek , from whence first the latines , and thence the italian & french derive it ) groom or servant of the robe or vestment : he having the office and honour to present and put on his majesties first garment or shirt every morning , and to order the things of the bed-chamber . the gentlemen of the bed-chamber consist usually of the prime nobility of england . their office in general is each one in his turn to wait a week in every quarter in the kings bed-chamber , there to lie by the king on a pallet-bed all night , and in the absence of the groom of the stole to supply his place . the yearly fee to each is l. their names follow according to their order . john earl of bath , groom of the stole and first gentleman of the bed-chamber . george duke of buckingham . charles duke of richmond . william duke of newcastle . george duke of albemarle . james duke of ormond . earl of suffolk . the earl of newport . earl of ossory . earl of ogle . lord gerrard . lord crofts . lord lauderdale . lord mandevil . mr. may privy purse . sir george carteret vice-chamberlain . george lord viscount grandison captain of the guard. sir edward griffin knight , treasurer of the chamber . sir john denham knight of the bath , surveyor to his majesty . grooms of the bed-chamber . henry seymour , esquire . john ashburnham , esquire . thomas elliot , esquire . david walter , esquire . william legg , esquire . sylvius tytus , esquire . thomas killegrew , esquire . robert philips , esquire . edward progers , esquire . richard lane , esquire . henry coventry . esquire . these are not to be above the degree of gentlemen , their office is to attend in the kings bed-chamber to dress and undress the king in private , &c. the yearly fee to each is l. pages of the bed-chamber in number , whereof one is keeper of his majesties closet . gentlemen vshers of the privy-chamber . sir william flemming . marmaduke darcy . sir paul neale . sir robert stapleton . these wait one at a time in the privy lodgings . gentlemen of the privy-chamber in ordinary . sir edward griffin . sir francis cobb . sir john boys . sir john talbot . sir robert bindlos . sir thomas sandys , &c. in number forty eight , all knights or esquires of note . their office is every quarter , to wait on the kings person within doors and without , so long as his majesty is on foot , and when the king eats in the privy chamber , they wait at the table and bring in his meat . they wait also at the reception of embassadours , and every night two of them lie in the kings privy-chamber . a gentleman of the privy-chamber by the kings commandment onely , without any written commission is sufficient to arrest any peer of england . grooms of the privy chamber in ordinary , in number , all gentlemen of quality ; these ( as all grooms ) wait without sword , cloak , or hat : whereas the gentlemen wear alwayes cloak and sword. in the presence chamber , gentlemen-ushers , daily waiters in ordinary are , whereof the first hath the office of black rod , and in time of parliament is to attend every day the lords house , and is also usher of the honourable order of the garter . they are now sir john ayton , sir edward carteret , richard march , sir james mercer . tho. duppa , assistant daily waiter . their office is to wait in the presence chamber , and to attend next the kings person , and after the lord chancellour and the vice-chamberlain to order all affairs , and to obey these are all under-officers above stairs . gentlemen ushers quarter waiters in ordinary , in number ; these wait also in the presence chamber , and are to give directions to the grooms and pages and other under officers ; who are to attend in all servile offices next to the grooms . the grooms of the great chamber are , the pages of the presence chamber . cup-bearers in ordinary . james halsal , charles littleton , sir william fleetwood , sir philip palmer , mr. ayrskyn . carvers in ordinary , . sewers in ordinary , . esquires of the body in ordinary , . their office to guard the kings person by night , to set the watch and give the word , and keep good order in the whole house by night , as the lord chamberlain and his other officers are to do by day . groom porter , col. offley . his office to see the kings lodgings furnisht with tables , chairs , stools , firing , to furnish cards , dice , &c. to decide disputes arising at cards , dice , bowlings , &c. sergeants at arms , , all gentlemen . chaplains in ordinary , for every moneth , as followeth : january . dr. sandcroft , dr. brideock . dr. jos . beaumont , dr. colebrand . february . dr. peirce , dr. shute , dr. duport . dr. cradock . march. dr. crofts , dr. reeves , dr. brough , dr. bell. april . dr. maine . dr. gullston , dr. stillingfleet , dr. creighton . may. dr. fell , dr. sudbury , dr. crey , dr. bathurst . june . dr. wood , dr. carlton , dr. basire , dr. neale . july . dr. cartwright , dr. castillian , dr. smith , dr. john loyd . august . dr. fleetwood , dr. gunning , dr. thorne , dr. offly . september . dr. pearson , dr. bolton , dr. perinchief , dr. tillotson . october . dr. ovtram , dr. meuse , dr. tho. tulley , dr. smallwood . november . dr. allestree , dr. benson , dr. geo. beaumont , dr. will. loyd . december . dr. hodges , dr. hardye . dr. ball , dr. lamplagh . these chaplains in ordinary are usually doctors in divinity , and for the most part deans or prebends , and all principal predicators . messengers of the chamber in ordinary , first clerks of the check , then more , in all . musitians in ordinary , . trumpeters in ordinary and kettle drummers are in all . drummers and fifes , . of wardrobes the king hath ( besides the great wardrobe now in the savoy , whereof edward earl of sandwich is master ) divers standing wardrobes at whitehall , windsor , hampton-court , the tower of london , greenwich , &c. whereof there are divers officers . lastly , removing wardrobes , whereof there is one yeoman , grooms , and pages . jewel house , sir gilbert talbot master , and three under officers called yeoman and grooms . whose office is to take charge of all vessels of gold or silver gilt for the king and queens table , of all plate in the tower , of chains and loose jewels , not fixt to any garment . physitians in ordinary to his majesties person are ▪ sir alexander fraser , sir john baber . doctor clark , doctor hinton . physitians in ordinary to the houshold . doctor waldron . doctor scarborough for the tower of london . apothecaries , , one for the kings person and one for the houshold . chirurgeons , . barbers , . printers , . bookbinder , . taylers , . hydrographer , . stationer , . in the office of the tents , toyles , hales , and pavilions , masters , yeomen , groom , clerk , comptroller , clerk of the tents . a master of the revels , office to order all things concerning comedies , &c. engraver , sculptor , in each office. in the office of the robes , master , grooms , a purveyor , clerk , tayler , and page , and a dyer . in the matter of ceremonies , a master sir charles cotterel , and one marshal . a master of the game of cock-fighting . two sergeant skinners . three embroiderers . two keepers of the privy lodgings . two gentlemen and one yeomen of the bows . one crossbow-maker , one fletcher . one mrs sempstress , and one laundress . one perspective maker . one master fencer . one haberdasher of hatts . one comb-maker . one coffee-maker . shoo-maker , joyner , copier of pictures , watch-maker , cabinet-maker , lock-smith , library-keeper , rat-killer , of each one . game of the bears and bulls , master , sergeant , yeoman . operators for the teeth , . coffer-bearers to the back-stairs , . falconers , sir allen aspley master of the hawks , and other officers under him about london and other places , belonging to the king , in all . huntsmen for the buck-hounds in ordinary , john carey esquire , master of the buck-hounds , and under him a sergeant and other persons . otter-hounds , smith esquire , master of the otter-hounds , and more under him . huntsmen for the harriers , master of the harriers , mr. elliot and under him . one yeoman of the leash . watermen . silkmen . perfumer , feather-maker , milliner , mercer , hosier , draper , upholster , letter-carrier , forreign post , of each one . officers belonging to gardens , bowling-greens , tennis-courts , pall-mall , persons . culter , spurrier , girdler , corn-cutter , button-maker , one of each . embosser , enameler , of each one . armory at the tower , master of the ordinance now in several commissioners , william legg lieutenant of the ordnance and master armorer , and under officers . heraulds , kings at arms. sir edward walker , garter . sir edward bish , clarenceux . william dugdale , norroy . also heraulds and pursuivants . comedians , men and women actors . gunner , gilder , cleanser of pictures , scene-keeper , coffer-maker , wax-chandler , mole-taker , publick notary , one of each . keeper of birds and fowle in st. james's park , . keeper of the volery , goffe-club-maker , sergeant painter , one for each . a list of his majesties servants under the master of the horse . there are , first queryes , so called from the french word escuyers , derived from escuyrie a stable ; their office is to attend the king on hunting , on progress , or on any occasion of riding abroad , to help his majesty up and down from his horse , &c. the yearly fee to each is l. . the chief avener ( which place with all the following , are in the gift of the master of the horse ) so called from avena , oates ; whose office is to provide provender , and yearly fee is l. there are clerks of the avery or avenry . one clerk of the stable . three surveyors , gentlemen riders , yeomen riders , coachmen , littermen , a sergeant of the carriage , sadlers , a squire sadler and a yeoman sadler , a yeoman of the stirrup , yeomen purveyors , yeomen granators , a sergeant farrier , yeomen farriers , a yeoman of the male , a yeoman peckman , a yeoman bilmaker , a yeoman of the close cart , sixty four grooms of the stable , footmen in liveries to run by the kings horse . there is ( besides some other officers not here named ) an antient officer in the kings houshold , called clerk of the mercat , who within the verge of the kings houshold is to keep a standard of all weights and measures , and to burn all false weights and measures ; and from the pattern of this standard are to be taken all the weights and measures of the kingdom . there are divers other offices belonging to the king of great importance , which are not subordinate to any of the fore-mentioned great officers , as master of the great wardrobe , master of the ordnance , warden of the mint , &c. and above all for profit is the office of post-master settled by act of parliament on the duke of york , and worth about l. yearly , but managed by the order and oversight of his majesties principal secretaries of state ; who also are principal domestiques of the king : of whom a farther account shall be given in the chapter of the kings privy council . master of the robes is laurence hyde esquire , second son to the late lord chancellour ; whose office is to have in custody all his majesties robes , as those of coronation , of st. georges feast , and of parliament ; also the custody of all his majesties wearing apparel , and of his collar of esses , georges , and garters , beset with diamonds , pearls , &c. of this office there is one master , yeomen , grooms , pages , &c. in the court of king james there were many more offices , and to many offices there belonged many more persons , which king charles the first much lessened , and the present king now raigning hath yet lessened much more . of the military government in the kings court. as in a kingdome , because civil governours proposing temporal and ecclesiastical governours eternal rewards and punishments are not sufficient to secure peace ; therefore a military force is alwayes in readiness : so in the kings court , besides civil and ecclesiastical officers , it is thought necessary alwayes to have in readiness military officers and souldiers , to preserve the kings person ; whereupon depends the peace and safety of all his subjects . belonging peculiarly to the kings court ( besides above foot , and above horse , who are alwayes in pay and readiness to assist upon any occasion ) there are guards of horse and foot. the horse guard , which the french call garde du corps , the germans lieb guardy , we corruptly . life gard , that is , the gard of the kings body , hath consisted of horsemen , all or most gentlemen and old officers , commanded by the captain of the guard , now james duke of monmouth , whose pay is s. a day , and each horseman s. a day . these horse have been divided into three parts , whereof under the immediate command of the captain of the guard , under monsieur le marquis de blancfort , and under sir philip howard , whose pay to each is s. a day . under the captain of the guard are four lieutenants , sir thomas sandis , sir gilbert gerard , major general egerton , and sir george hambleton , the cornet is mr. stanly , brother to the earl of derby ; also four brigadeers . the office of the captain of the life guard is at all times of war or peace to wait upon the kings person ( as oft as he rides abroad ) with a considerable number of horsemen well armed and prepared against all dangers whatsoever . at home within the kings house it is thought fit that the kings person should have a guard both above and below stairs . in the presence chamber therefore wait the gentlemen pensioners carrying pole-axes , there are who are usually knights or gentlemen of good quality and families ; their office is to attend the kings person to and from his chappel only as far as the privy chamber ; also in all other solemnities : their yearly fee is l. to each . over these there is a captain , usually some nobleman , at present the lord bellassis , whose fee is l. yearly ; a lieutenant sir john bennet , his fee l. s. d. a standard-bearer , fee l. a pay-masters fee l. and a clerk of the check . again in the first room above stairs , called the guard-chamber , attend the yeomen of the guard , whereof there are men of the best quality under gentry , and of larger stature , wearing red coats , after an antient mode , bearing halberds at home and half-pikes in progress , and alwayes wearing a large sword. their pay is daily s. d. their captain the lord , grandison . the kings palace royal ( ratione regiae dignitatis ) is exempted from all jurisdiction of any court civil or ecclesiastical , but only to the lord steward , and in his absence to the treasurer and comptroller of the kings houshold , with the steward of the marshalsey , who may by vertue of their office , without commission hear and determine all treasons , felonies , breaches of the peace , committed within the kings court or palace . the kings court or house where the king resideth , is accounted a place so sacred , that if any man presume to strike another within the palace where the kings royal person resideth , and by such stroke only draw blood , his right hand shall be stricken off , and he committed to perpetual prison and fined . by the antient laws of england only striking in the kings court was punisht with death and loss of goods . to make the deeper impression and terrour into mens minds for striking in the kings court , it hath been ordered that the punishment for striking should be executed with great solemnity and ceremony , in brief thus : the sergeant of the kings woodyard brings to the place of execution a square block , a beetle , staple , and cords to fasten the hand thereto , the yeoman of the scullery provides a great fire of coals by the block , wherein the searing irons brought by the chief farrier , are to be ready for the chief surgeon to use . vinegar and cold water brought by the groom of the saucery ; the chief officers also of the cellar and pantry are to be ready , one with a cup of red wine , and the other with a manchet , to offer the criminal after the hand cut off and the stump seared . the sergeant of the ewry is to bring linnen to wind about and wrap the arm. the yeoman of the poultry a cock to lay to it , the yeoman of the chandry seared clothes , the master cook a sharp dresser knife , which at the place of execution is to be held upright by the sergeant of the larder , till execution be performed by an officer appointed thereto , &c. in the kings court not only striking is forbidden but also all occasions of striking , and therefore the law saith , nullas citationes aut summonitiones licet facere infra palatium regis apud westm , vel alibi ubi rex residet . the court of the king of england for magnificence , for order , for number and quality of officers , for rich furniture , for entertainment and civility to strangers , for plentiful tables , might compare with the best court of christendom , and far excel the most courts abroad ; of one whereof , see the description made by an ingenious person beyond sea , writing to a friend of his at court there , annon in inferno es amice , qui es in aula ubi daemonum habitatio est , qui illic suis artibus ( humanâ licet effigie ) regnant , atque ubi scelerum schola est , & animarum jactura ingens , ac quicquid uspiam est perfidiae ac doli , quicquid crudelitatis ac inclementiae , quicquid effraenatae superbiae & rapacis avaritiae , quicquid obscaenae libidinis ac faedissimae impudicitiae , quicquid nefandae impietatis & morum pessimorum , totum illic acervatur cumulatissimè , ubi stupra , raptus , incestus adulteria ubi inebriari jurare pejerare atheismum profiteri palam principum & nobilium ludi sunt , ubi fastus & tumor , ira liver faedaque cupido cum sociis suis imperare videtur , ubi criminum omnium procellae , virtutumque omnium inerrabile naufragium , &c. but the court of england on the contrary hath been ( and is hoped ever will be ) accounted ( as king james adviseth in his basilicon doron ) a pattern of godliness and all honesty and vertue , and the properest school of prowess and heroick demeanour , and the fittest place of education for the nobility and centry . the court of england hath for a long time been a pattern of hospitality to the nobility and gentry of england . all noblemen or gentlemen , subjects or strangers that came accidently to court , were freely entertained at the plentiful tables of his majesties officers . divers services or messes of meat were every day provided extraordinary for the kings honour . two hundred and forty gallons a day were at the buttry barr allowed for the poor , besides all the broken meat , bread , &c. gathered into baskets and given to the poor at the court gates by grooms and yeomen of the almonry , who have salaries of his majesty for that service . moreover the court is an eminent pattern of charity and humility to all that shall see the performance of that antient custom by the king and the queen on the thursday before easter , called maundy thursday , wherein the king in a solemn manner doth wash the feet , cloth and feed as many poor old men as his majesty is years old , bestowing on every one cloth for a gown , linnen for a shirt , shooes , and stockings , a joul of salmon , a pol of ling , red and white herrings , all in clean wooden dishes , six penny loaves of bread , and a purse with a s. piece of gold. the magnificence and abundant plenty of the kings tables hath caused amazement in all forreigners , when they have been informed that yearly was spent of gross meat oxen , sheep , veals , porkers , sturks or young biefes , lambs flitches of bacon , and boares . also dozen of geese , dozen of capons , dozen of hens , dozen of pullets , dozen of chicken . for bread bushels of wheat , and for drink tun of wine and tun of beer . moreover of butter pounds , together with fish and fowl , venison , fruit , spice , proportionable . this prodigious plenty caused forreigners to put a higher value upon the king , and caused the natives who were there freely welcome , to encrease their affection to the king , it being found as necessary for the king of england this way to endear the english , who ever delighted in feasting ; as for the italian princes by sights and shews to endear their subjects , who as much delight therein . the court of the queen consort of england . the queens court , sutable to the consort of so great a king , is splendid and magnificent . her majesty hath all officers and a houshold apart from the king ; for the maintenance whereof there is settled l. per annum . for the ecclesiastique government of her court , there is first the grand almoner father howard , brother to the duke of norfolk . he hath the superintendency over all the ecclesiastiques belonging to the queen . the next is the dean of the chappel doctor goodwin . the third is the treasurer of the chappel . besides there are almoners and preachers , franciscan monks , all portuguez ; benedictins all english ; divers persons belonging to the musick of the chappel , to serve at the altars , porters , &c. for the civil government of her majesties court she hath a council consisting of persons of high worth and dignity , whereof there are . . the lord vicount cornbury , her lord chamberlain . . the earl of manchester . . earl of sandwich . . lord brunkard , her chancellour . . sir richard beclin , her secretary . . mr. harvey , treasurer of her houshold . . sir william killigrew , her vice-chamberlain . . mr. montague , her atturney-general . . mr. montague brother to the earl of manchester , her sollicitor general . . mr. montague , son to lord montague of boughton . . sir charles harbord . . sir henry wood. of her majesties bed-chamber are six ladies of high rank , first the countess of suffolk is her groom of the stole , next are the dutchess of buckingham , the countesses of castlemaine , bath , mairshal , and falmouth . her majesty hath six maids of honour to wait at other times , these must be all gentlewomen unmarried ; over whom there is placed a governess , called , the mother of the maids of honour , who is at present the lady sanderson . the maids are mrs cary , mrs boynton , mrs wells , mrs price , &c. there are also dressers , viz. the ladies scroop , freyser , killegrew , and mrs le guard : moreover one laundress mrs nun , one seamstress mrs chivens . there are five gentlemen ushers of the privy chamber , sir william courtney , &c. five gentlemen ushers daily waiters . six pages of the back stairs . eight grooms of the privy chamber . two carvers , two sewers , two cupbearers , all persons of quality . seven gentlemen ushers quarter waiters . four pages of the presence . master of her majesties horse is mr. montague , son to the lord montague of boughton . to her stable belong queries , persons of worth , and grooms and messengers , &c. of the court of the queen mother . the highest office in her majesties court is that of lord chamberlain and steward of her majesties revenue , enjoyed at present by henry lord germin earl of st. albans , whose salary is and a table of dishes . monsieur vantelet vice-chamberlain , whose salary is l. per annum . the third place is her majesties chancellour , enjoyed at present by sir j. winter , sir henry wood , and sir robert long , whose salary is and a table of dishes . the next is the lord arundel of warder and count of the empire , master of the horse , whose salary is then her majesties secretary sir john winter . the treasurer , receiver general of her majesties revenues , sir henry wood. sir thomas bond comptroller of the houshold , whose salary is sir thomas ork and divers other officers of the robes . four gentlemen ushers of the privy chamber , to each of which is l. salary per annum , and diet . two cupbearers , two carvers , two sewers , two gentlemen ushers of the presence chamber , salary to each l. and diet all these at a table together . four grooms of the privy chamber , salary l. and diet . four gentlemen ushers quarter waiters , salary l. and diet . four pages of the presence . eight grooms of the great chamber . for guarding her majesties person , she hath first a captain of her guard , the earl of st. albans . a lieutenant , monsieur de la chapelle . an exempt of the guards , monsieur fremon . gentlemen soldiers in black velvet cassocks and golden embroidered badges , marching or waiting about the person of her majesty ( when in sedan , or at chappel or table , or coach with two horses ) on foot with halberts ; and when in coach and horses , on horseback with carabins ; in all places within doors as without , covered . for to take care of her majesties health , there is one physician and one apothecary . for to wait on her majesty in her bed-chamber , there are first the ladies of the bed-chamber ; the chief whereof is , the dutchess dowager of richmond , sister to the present duke of buckingham , who is groom of the stole . and the countess of newport lady of the chamber . of the privy chamber there are ladies all english , fee l. each one ; they are at present the lady price , the lady bond , &c. women of the bed-chamber or , partly french and partly english . in the laundry , the lady sanderson is the chief laundress . seamstress . starcher . in the stable , the chief query or escuyer is sir edward wingfield . the many officers in the buttry , cellar , pantry , ew●y , &c. shall be for brevity passed over . her majesty hath also coaches with horses each , also footmen , a barge with men in liveries : moreover pages of the back stairs , &c. in the chappel . there is first the lord almoner abbot montague , l. per annum . father lambart confessor to her majesty , a frenchman , l. per annum . father gough , priest of the oratory , clerk of her majesties private chappel , and assistant to the confessor an englishman , l. per annum . a lay brother of the oratory , l. besides these there is adjoyning to the chappel a convent of capuchins , wherein is a father guardian , other priests and two lay brothers , all french ; whose office is to perform the office of the chappel daily , also to preach on sundayes and holydayes , and in lent three dayes every week , for the maintenance of these her majesty allows l. per annum . her majesties revenue is for her joynture l. yearly , and of his majesty a pension of l. more out of the exchequer . divers other offices belonging to her majesties court , as master of buck hounds , and bows and musick . master of the queens games . the present state of the court of his royal highness the duke of york , his majesties only brother , according to the last establishment . steward of the houshold , john lord berkley , l. treasurer of the houshold and receiver of the revenue , sir alan apsley , his fee marks or l. s. d. comptroller , sir henry de vic , l. s. d. secretary , matthew wren esquire , l. keeper of the privy purse , marquiss de bland , l. master of the robes and groom of the bed-chamber , edward villiers esquire , l. s. d. seven other grooms of the bed-chamber , richard nicols robert worden , henry killegrew , roger vaughan , anthony eyre , henry howard ; mr. thynn , now resident in swethland . each l. belonging to his royal highness cappel . almoner doctor henry killegrew , l. five chaplains , dr. william clark , dr. william thomas , dr. richard watson , mr. turner , mr. doughty , each l. sacristan , l. keeper of the closet , l. gentleman-usher , l. nine gentlemen waiters , each l. yeoman of the robes , mr. lawrence du puy , l. brusher , l. yeoman of the wardrobe , philip kinnersly , l. two barbers , each l. four pages of the back stairs , each l. a governour of the pages , two grooms of the privy-chamber , two grooms of the presence , a fire-maker in the presence , two physitians , three chirurgeons , two apothecaries , a secretary of the languages , l. a gentleman harbinger , l. besides riding charges , s. d. per diem . semstress and laundress to the body , mrs du puy , l. laundress to the table , mrs katherine atkinson , l. yeoman of the wine cellar , mr. tuke , l. yeoman of the beer cellar , mr. pierce , l. yeoman of the poultry and larder , l. yeoman of the woodyard and skullery , l. of the pantry and ewry , l. porter , l. keeper of the armory , l. trumpeter l. necessary woman , l. chamber-keeper to the maids , bottleman , two clerks to the commissioners , messenger to the commissioners , l. s. d. door-keeper to the commissioners . clerk of the kitchin , l. master cook , l. second cook , l. three turn-broaches each , l. s. two scowrers each , l. s. pan-keeper , porter of the kitchin , porter of the back-stairs , cole-carrier , porter at whitehall , gardiner , officers of his highnesses revenue . attourney general , sir edward turner , l. solliciter general , sir edward thurland , l. solliciter , charles porten esquire , l. auditor general , thomas holder esquire , l. assistant to the auditor , henry thwaits , messenger to the revenue , mr. dutton , l. s. d. officers of the admiralty . sir william turner , mr. david bud. seven huntsmen of the buck-hounds , six huntsmen of the fox-hounds , teacher of the setting dogs , dancing master , fencing master , master of the barges , twenty four watermen , pensioners , officers and servants in his highnesses stable . henry jermin esquire , master of the horse , l. s. d. three escuyries , each l. clerk of the stables , l. surveyor of the stable , l. yeoman rider , l. governour of the pages , l. six pages , each l. fourteen foot-men , each l. fifteen grooms , each l. s. three coachmen , each l. for themselves , postillions , and helpers , besides linnen , stockings , and liveries twice a year . two sumpter men , each l. three muleters , each l. porter of the stables , l. s. officers and servants belonging to her royal highness the dutchess . grroom of the stole , countess of rochester , l. lady of the bed-chamber , countess of peterborough , l. four maids of honour , mrs. arabella churchil l. mrs. dorothy howard l. mrs. anne ogle , l. mrs mary blague , l. mother of the maids , mrs. lucy wise . four dressers , mrs. katherine eliot , l. mrs. margaret dawson , l. mrs. lelis cranmer , l. lady apsley , l. starcher mrs. mary roche , l. semstress , mrs. ellen green , l. laundress , mrs. mary cowerd , l. lace mender , secretary to her highness sir phil. froud , l. two gentlemen ushers each , l. six gentlemen waiters , whereof one hath l. the other five each l. four pages of the back-stairs , each l. yeoman of the mouth , l. tayler , l. shoomaker , l. s. master cook , l. necessary woman , l. eighteen watermen , each l. master of the horse to the dutchess , is sir richard powle , l. s. d. two escuyries , each l. four pages , each l. eight footmen , each l. four coachmen , each l. for themselves , postillions , and helpers . five grooms , each l. s. two chairmen , each l. officers and servants to the duke of cambridge . governess , lady francis villiers , l. under-governess , mrs. mary kilbert , l. wet nurse , l. dry nurse , l. tutor of the french tongue , monsieur lesne , l. three rockers , each l. laundress to the body , l. semstress , laundress to the table , page of the back-stairs , l. necessary woman , l. cook , l. . s. musitian , l. s. two pages to the duke of cambridge , each l. four footmen , one groom , one coachman , postillion , and helper . officers and servants belonging to the lady mary . two dressers , mrs. anne walsingham , l. mrs. mary langford , l. ro●ker , mrs. jane leigh , l. semstress , laundress , mrs. elizabeth brooks , l. page of the back-stairs , l. dancing-master , l. singing-master , l. servants to the lady anne . dresser , three rockers , semstress , page of the back-stairs , necessary woman , his royal highness upon all occasions when he goes abroad without the king , hath for his particular guard a gallant troop of horse , commanded by monsieur de blancfort . of the three states of england . all the subjects of england are divided into clergy and laity ; the laity sub-divided into nobility and commonalty . these are called ordines regni , or the three states , and first of the clergy . as heaven is more honourable than earth , the soul than the body ; so is the spiritual function more excellent than the civil , and the sacerdotal dignity higher than the secular : and therefore in england the clergy caeteris paribus , hath ever had ( according to the practice of all other civilized nations since the world began ) the preference and precedence of the laity , and hath in all times been reputed the first of the three states . the clergy so called , because they are gods 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or portion : for although all christians may be stiled gods portion as well as gods servants ; yet amongst christians those persons whom god hath set apart and separated from common use to his service , to be as it were his domestick servants ; are more peculiarly the lords portion : and therefore from the first age of christianity , the persons so set apart , have been called clerici , clerks . as in the state , so in the church , the laws and constitutions of england would not that there should be a parity and equality of all persons . quippe in ecclesia nihil magis inaequale quam aequalitas . and therefore in conformity to the first times and places of establisht christianity , so soon as the christian faith was by authority received in england , one of the clergy was in every city ordained a bishop ; who hath ( to avoid confusion , which usually springs from equality ) a pre-eminence over the rest of the clergy within certain precincts . afterwards the bishops being necessitated to meet about publick affairs of the church , as consecrations , consultations for remedy of general disorders , for audiences judicial , when the actions of any bishop should be called in question ; or appeals from bishops , &c. it seemed requisite to our ancestors ( according to other christian churches ( ever since the first nicene council ) to have amongst a certain number of bishops , one to be chiefest in authority over the rest ; f●om thence named archiepiscopus , arch or chief bishop . for easing the bishop of some part of his burthen , as the number of christians waxed great , or the diocess was large , there were ordained in the primitive times chorepiscopi , suffragan , or subsidiary bishops . accordingly in the english church of a long time there have been such ordained by the name of bishops suffragans or titular bishops ; who have the name , title , stile , and dignity of bishops , and ( as other bishops ) are consecrated by the archbishop of the province ; each one to execute such power , jurisdiction , and authority , and receive such profits as is limited in his commission by the bishop or diocesan , whose suffragan he is . for a supply of able and fit persons to assist bishops , or to be made bishops , it seemed good to reverend antiquity , that in every diocess a certain number of the more prudent and pious pastors should be placed in a collegiate manner at every cathedral or episcopal see ; where they might not only be ready to assist the bishop in certain weighty cases ; but also fit themselves ( by gaining experience and loosing by little and little their former familiarity with the inferiour countrey clergy ) for government and authority in the church . accordingly in every cathedral church in england , there are a certain number of prebendaries or canons , and over them a dean , in latine decanus , from 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ; because antiently set over ten canons at the least : who is sometime stiled alter episcopi oculus , the other being the archdeacon , who ( though a presbyter himself ) is so named for his charge over the deacons ; who are to be guided and directed by him under the bishop . next is the rural dean , who was antiently called arcbipresbyter , and had the guidance and direction of the presbyters . in the last place are the pastors of every parish , who are called rectors , unless the predial tythes be impropriated , and then they are called vicars , quasi vice fungentes rectorum . in england are archbishops , bishops , no suffragan bishops at present ; deans of cathedrals and collegiate churches , archdeacons , prebendaries , many rural deans , and about rectors and vicars , besides curates , who for certain stipends assist such rectors and vicars that have the care of more churches than one . these ( if it be considered of what great learning and abilities they are ; what great authority and sway they usually bear over the laity , to incline , ●ead , and draw them ; what great priviledges and immunities they do or ought to enjoy , and how much means they possess ) may well be reputed , as in all times they have been in all other states , the first member of the three estates of england . it hath been provided , not without singular wisdom , that as the ordinary course of common affairs is disposed of by general laws ; so likewise mens rarer incident necessities and utilities should be with special equity considered . hence is it that so many priviledges , immunities , exemptions , and dispensations have been to the clergy of england granted in all times : our ancestors thinking it very reasonable that as souldiers were wont by the roman emperours to be endowed with certain priviledges for their warding and fighting to preserve the state from external enemies , so the clergy ought to have certain immunities and priviledges for their watching and spiritual warfare to preserve the state from internal enemies the world , the flesh , and the devil ; ut serventur immunes clerici , quo castris suis sedulo commorantes , & vigiles excubias ducentes summo caell ●mperatori illaesos populos reprae●entent , legibus effectum est , ●t quam plurima iis privile●ia concessa sint tum ad eorum personas tum bona ac res spectan●ia . of priviledges some belong to archbishops , some to bishops , as they are so , and some belong to them , and to the inferiour clergy , as they are ecclesiastiques or churchmen . before the coming of the savons into england , the christian britains had archbishops , viz. of london , york , and caerleon , an antient great city of south-wales upon the river uske . afterward the archiepiscopal see of london was by the saxons placed at canterbury , for the sake of st. austin the monk , who first preached the gospel there to the heathen saxons , and was there buried . the other of caerleon was translated to st. davids in pembroke-shire , and afterward subjected wholly to the see of canterbury ; since which all england and wales reckon but archbishops , canterbury and york . the archbishop of canterbury antiently had primacy as well over all ireland as england , and the irish bishops received their consecrations from him ; for ireland had no other archbishop until the year , and therefore in the time of the first norman kings , it was declared that canterbury was the metropolitan church of england , scotland , and ireland , and the isles adjacent . he was therefore sometimes stiled a patriarch ( and patriarcha was a chief bishop over several kingdoms or provinces ( as an archbishop is over several dioceses ) and had several archbishops under him ; was sometimes called , alterius orbis papa & orbis britannici pontifex ; and matters done and recorded in ecclesiastical affairs , ran thus , anno pontificatus nostri primo secundo , &c. he was legatus natus , that is , a perpetual legantine power was annext to that archbishoprick near years ago ; whereby no other legat , nuncio , or ambassadour from the bishop of rome , could here exercise any legantine power , without special licence from the king. he was so highly respected abroad , that in general councils he was placed before all other archbishops at the popes right foot. he was at home so highly honoured by the kings of england , that ( according to the practice of gods own people the jews , where aaron was next in dignity to moses , and according to the practice of most other christian states ; where the next in dignity and authority to the sovereign , is usually the chiefest person of the clergy ) he was accounted the second person in the kingdome , and named and ranked even before the princes of the blood. he enjoyed some special marks of royalty , as to be patron of a bishoprick ( as he was of rochester : ) to coyn moneys , and to have the wardships of all those who held lands of him jure hominii ( as it is called ) although they held in capite other lands of the king ; a princely prerogative , even against the kings written prerogative . in an antient charter granted by william the conquerour to lanfranc archbishop of canterbury , he is to hold his lands with the same freedom in dominico suo ( as the words are ) as the king holdeth his in dominico suo , except only in or cases , and those of no great importance . it is an antient priviledge of the see of canterbury , that wheresoever any mannors or advowsons do belong unto that see , that place forthwith becomes exempt from the ordinary , and is reputed a peculiar , and of the diocess of canterbury . the archbishop of canterbury by the favour of our kings is judged fit to enjoy still divers considerable pre-eminencies . he is primat and metropolitan over all england , and hath a super-eminency and some power even over the archbishop of york ; hath power to summon him to a national synod , and archiepis . eboracensis venire debet cum episcopis suis ad nutum ejus , ut ejus canonicis dispositionibus obediens existat . the archbishop of canterbury is at this day primus par regni , the first peer of england , and next to the royal family to precede not only all dukes , but all the great officers of the crown . he is stiled by the king in his writs directed to him , dei gratiâ archiepisc . cant. and writes himself divina providentia , whereas other bishops write divinâ permissione ; and he is said to be inthroned , when he is invested in the archbishoprick . to crown the king belongs to him , and it hath been resolved that wheresoever the court shall happen to be , the king and queen are speciales domestici parochiani domini ar. cant. and had antiently the holy offerings made at the altar by the king and queen , wheresoever the court should happen to be , if his grace was there present . also the power of appointing the lent preachers , as thought by our ancestors much more fit for a prelate or spiritual person to do , ( as in all other christian courts ) then for any lay lord , as hath been used in england since one cromwell was by hen. . made vicar general , and placed above the archbishop of canterbury . the bishop of london is accounted his provincial dean , the bishop of winchester his chancellour , and the bishop of rochester his chaplain . in writing and speaking to him is given the title of grace , ( as it is to all dukes ) and most reverend father in god. he hath the power of all probate of testaments , and granting letters of administration , where the party dying had bona notabilia , that is five pounds worth or above , out of the diocess wherein he died ; or ten pounds worth within the diocess of london ; or if the party dying be a bishop , though he hath no goods out of the diocess where he died . also to make wills for all such as die intestate within his province , and to administer their goods to the kindred or to pious uses , according to his discretion ; which most transcendent trust and power is so antiently in england belonging to bishops , that the best antiquary cannot find the first original thereof . by stat. h. . he hath the honour and power to grant licences and dispensations in all cases heretofore sued for in the court of rome , not repugnant to the law of god or the kings prerogative . as to allow a clerk to hold a benefice in commendam or trust ; to allow a son ( contrary to the canons ) to succeed his father immediately in a benefice ; to allow a clerk rightly qualified to hold two benefices with cure of souls ; to abolish irregularity gotten without a mans own default , as by defect of body or birth , or by accidental killing of a man , &c. to abolish the guilt of simony ; to allow a beneficed clerk for some certain causes to be non-resident for some time ; to allow a lay-man to hold a prebend , &c. whilst by study he is preparing himself for the service of the church ; to grant dispensations to sick , to old people , to women with child , to eat flesh on dayes whereon it was forbidden ; to constitute publick notaries , whose single testimony is as good as the testimonies of any two other persons . he hath the power to grant literns tuitorias , whereby any one that brings his appeal , may prosecute the same without any molestation ; to bestow one dignity or prebend in any cathedral church within his province upon every creation there of a new bishop ; who is also to provide a sufficient benefice for one of the chaplains of the archbishop , or to maintain him till it be effected . by the stat. primo eliz. it is provided that the queen by the advice of the archbishop might ordain and publish such rites and ceremonies as may be for gods glory , for edifying the church , and due reverence of the sacraments . he hath the prerogative to consecrate a bishop ( though it must be done in the presence and with the assistance of two other bishops ( as every bishop gives ordination but with the assistance of presbyters ) to assign co-adjutors to infirm bishops ; to confirm the elections of bishops within his province ; to call provincial synods according to the kings writ alwayes directed to him ; to be moderator in the synods or convocations ; to give his suffrage there last of all ; to visit the whole province ; to appoint a guardian of the spiritualties , during the vacancy of any bishoprick within his province ; whereby all the episcopal rights of that diocess belong to him , all ecclesiastical jurisdiction , as visitation , institutions , &c. the archbishop may retain and qualifie chaplains , which is more than any duke by statute is allowed to do . the archbishop of canterbury hath moreover the power to hold divers courts of judicature for deciding of differences in ecclesiastical affairs , as his court of arches , his court of audience , his prerogative court , and his court of peculiars ; of all which shall be handled particularly , and apart in the second part of the present state of england . these and other prerogatives and priviledges , the wisdom of our first reformers thought fit to be retained and added to the chief person ( under the king ) of the church of england . the next person in the church of england is the archbishop of york ; who was antiently also of very high repute in this nation , and had under his province not only divers bishopricks in the north of england , but all the bishopricks of scotland for a long time ; until the year , when pope sixtus the th created the bishop of st. andrews archbishop and metropolitan of all scotland . he was also legatus natus and had the legantine office and authority annext to that archbishoprick . he hath still the place and precedence of all dukes not of the royal blood , and of all great officers of state , except only the lord chancellour ; hath the title of grace and most reverend father ; hath the honour to crown the queen , and to be her perpetual chaplain . he is stiled metropolitan of england , and hath under his province the bishopricks of york , durham , carlile , chester , and that of the isle of man. hath the rights of a count palatine over a certain territory near york erected by king rich. . into a county palatine . may qualifie also chaplains , and hath within his province divers other prerogatives and priviledges which the archbishop of canterbury hath within his own province . the next in place amongst the clergy of england are the bishops , so called from the saxon word biscop , and that from the greek 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , speculator , explorator vel superintendens , an officer amongst the heathen so called , quia praeerat pani & victui quotidiano : episcopus enim apud christionos praeest pani & victui spirituali . all the bishops of england are barons and peers of the realm . they are barons by a threefold manner ( which cannot be said of the lay lords ) they are feodal in regard of their lands and baronies annext to their bishopricks . they are barons by writ , being summoned by the kings writ to parliament , and they are created barons by patent , which at their consecration is alwayes exhibited to the archbishop . they have the precedence of all temporal barons under vicounts . in the parliament have place in the upper house in a double capacity , not only as barons , but as bishops ; for before they were barons , they had in all times place in the great council of the kingdome : and there ever placed on the kings right hand , not only to give their advice as the judges do , but ad tractandum , ordinandum , statuendum , definiendum , &c. they have the title of lords and right reverend fathers . all bishops in england have one or two transcendent priviledges , which seem almost regal ; as , in their own courts to judge and pass sentence alone by themselves , without any collegue or assessor ; which is not done in other of the kings courts : for the bishops courts ( though held by the kings authority virtute magistratus sui ) are not accounted to be properly the kings courts , and therefore the bishops send forth writs in their own names , teste the bishop , and not in the kings name ; as all the kings courts properly so called do . moreover bishops have this other transcendent priviledge , to depute their authority to another ( as the king doth ) either to their bishops suffragans , to their chancellours , to their commissaries or other officers ; which none of the kings judges may do . all bishops have one priviledge above and beyond all lay lords , viz. that in whatsoever christian princes dominions they come , their episcopal dignity and degree is acknowledged ; and they may , quatenus bishops , confer orders , &c. whereas no lay baron , vicount , marquiss , nor duke , is in law acknowledgeed such out of the dominions of the prince who conferred those honours . the laws and customs of england are so tender of the honour , credit , reputation , and person of bishops our spiritual fathers , that none might ( without special licence from the king first obtained ) be endited of any crime before any temporal judge . upon severe penalty by our laws no man may raise reports , whereby scandal may arise to the person of any bishop , or debate and discord between them and the commons of england . in civil trials , where a bishop is plaintiff or defendant , the bishop may as well as any lay lord , challenge the array , 〈◊〉 one knight at least be not ●eturned of the jury , and it ●hall be allowed unto him as 〈◊〉 priviledge due to his peerage . in criminal trials for life , all ●ishops by magna charta and ●tat . edw. . are to be try●d by their peers , who are ba●ns , and none under ; not●ithstanding the late conceit of ●ome lawyers , that because bishops may not be on the criminal trial of a peer , there●ore are not to be tried by ●eers ; for so neither may bishops be tried by a common ●ury , because they may not ●e on the trial of such men . moreover , noble-women may ●ot be on the trial of peers , ●nd yet they are to be tried by peers of the realm . and there is no legal precedent 〈◊〉 england of a bishop remaining a bishop , that ever was tried for his life , but by peers of th● realm . antiently indeed bishops were so ecempted , as no● at all to be tried by tempor●● judges , till after deprivatio● and degradation , and then being thereby rendred no peers but common persons , the● might be tried by common juries . since the reformation , th● english protestant bishop● have been so constantly loya● and true to the crown ( 〈◊〉 which they are so much m●ligned by non-conformists and so free from all capita● crimes , that there is yet 〈◊〉 precedent in england for thei● manner of trial for life . a● 〈◊〉 that common assertion , ●hat no lords of parliament 〈◊〉 to be tried by their peers , 〈◊〉 such as sit there ratione ●obilitatis , and that all lay ●ords have place in parliament 〈◊〉 that reason ; it is not on●● false but frivolous in the ●●dgement of very many judi●●ous men . and indeed how ●●urd and unreasonable must it ●●eds be ( let all men judge ) ●●at an archbishop of canter●●ry , who is by all acknow●●dged to be primus par reg●● , should be tried by a com●on jury of freeholders , ●●en as the meanest lay ba●● , though created but ye●●●rday , may not be tried by a●● under barons ? in parliament bishops as ba●●as may be present and vote at the trial and arraignment 〈◊〉 a peer of the realm , only b●fore sentence of death or lo●● of member be pronounced that they may have no hand 〈◊〉 blood , no hand in destroying but only in saving ; they hav● by canon law the priviled●● and injunction to absent themselves , and by common la● to make proxies to vote for them . primo eliz. cap. . it is expresly declared that all lords 〈◊〉 parliament ( without any exception of lords spiritual 〈◊〉 should be tried in that particular by their peers . the bishops of england enjoy at this day many other priviledges as freedom from arrests , outlawries , distress p●● equitaturam or in a journey liberty to hunt in any of the kings forrests or parks , to kill one or two deer going from or coming to the king upon his order . the persons of bishops may not be seised upon contempt ( as the persons of lay lords ) but their temporalities only may be seised . every bishop may by statute law qualifie as many chaplains as a duke , viz. six . the laws of england attributeth so very much to the word of a bishop , that not only in the trial of bastardy the bishops certificate shall suffice , but also in trial of heresie , which toucheth a mans life , upon the bishops bare certificate that any hath been convicted before him of heresie , the secular power puts him to death without any trial by his peers . the persons the spiritual governours of the church of england , are of such high and tender respect in the eye of the law , that it is thought fit to exact the same respect from a clergyman to his bishop or ordinary , as from a child to his father ; and therefore made the offences of parricide and episcopicide equal , viz. both petty treason . next to the two archbishops of england , the bishop of london amongst all the bishops hath the pre-eminence . episcopus londinensis ( saith an ancient record ) speciali quadam dignitate caeteris anteponendus quia ecclesiae cantuariensis decanus est provincialis . being bishop over the imperial and capital city of england , it is by a statute of later times expresly provided that he should have the preference and precedence of all the bishops of england ; whereby he is become ( as heretofore the lord prior of the order of st. john of jerusalem ) primus baro regni , as the lord abergavenny is primus baronum laicorum . next amongst those of the episcopal colledge is the bishop of durham , within the province of york , who hath been a count palatine or years ; wherefore the common seal of the bishoprick hath been of a long time an armed knight , holding in one hand a naked sword , and in the other a church . in the fifth place by vertue of the fore-mentioned statute , is the bishop of winchester , reputed antiently earl of southampton , and so stiled in the statutes of the honourable order of the garter by hen. . though soon after that earldome was otherwise disposed of . after these afore-named all the other bishops take place according to the seniority of their consecration , unless any bishop happen to be made lord chancellour , treasurer , privy seal , or secretary of state ; which antiently was very usual , as reputed for their piety , learning , single life , diligence , &c. far more fit for the advantage and service of the king and kingdome , than any laymen ; and in such case a bishop being lord chancellour , had place next to the archbishop of canterbury and above the archbishop of york ; and being secretary of state , had place next to the bishop of winchester . all the bishops of england now living take place as they are ranked in this following catalogue : dr. gilbert sheldon lord archbishop of canterbury consecrated bishop of london , and translated to canterbury . dr. richard stern lord archbishop of york , consecrated bishop of carlile , and translated to york . dr. humphrey henchman lord bishop of london , consecrated bishop of salisbury , and translated to london . dr. john cosens consecrated bishop of durham . dr. george morley consecrated bishop of worcester , and translated to winchester . dr. william piers bishop of bath and wells , consecrated . dr. robert skinner consecrated bishop of bristol , then translated to oxford , and lastly to worcester . dr. henry king lord bishop of chichester , consecrated . dr. william lucy lord bishop of st. davids , consecrated . dr. benjamin laney lord bishop of ely , consecrated bishop of peterborough , thence translated to lincoln , lastly to ely . dr. gilbert ironside bishop of bristol , consecrated . dr. edward reynolds consecrated bishop of norwich , he is also abbot of st. bennet de hulmo , the sole abbot now remaing in england . dr. william nicolson consecrated bishop of glocester . dr. john hacket consecrated bishop of coventry and lichfield . dr. seth ward consecrated bishop of exeter , translated to salisbury . dr. herbert crofts consecrated bishop of hereford . dr. henshaw consecrated bishop of peterborough . dr. rainbow consecrated bishop of carlile . dr. blandford consecrated bishop of oxford . dr. dolben bishop of rochester , consecrated . dr. davis bishop of landaff , consecrated . dr. fuller consecrated bishop of lincoln . dr. glemham consecrated bishop of st. asaph . dr. price consecrated bishop of bangor . dr. sparrow consecrated bishop of exeter . dr. wilkins consecrated bishop of chester . these are all barons and peers of the realm , these have place in the upper house of parliament , and in the upper house of convocation , and these are the lords spiritual ; next follow the commons spiritual , consisting of suffragan bishops , deans , archdeacons , prebends , rectors , and vicars , to whom also belong divers considerable priviledges . all suffragan bishops , all deans , archdeacons , prebendaries , rectors , and vicars , have priviledges , some by themselves , others by proxy or by representative , to sit and vote in the lower house of convocation . no subsidies or other taxe to the king may legally be laid upon them , without their own consent first had in convocation . the clergy ( as appears by the words of the writ , as also by modus tenendi parliam ▪ and by rich. . cap. . ) hath per procuratores cleri , place and suffrage in the lower house of parliament , as was antiently practised in england , and of later years in ireland ( though now not used in either ) and as the bishops still have and use in the higher house of parliament . no clergyman may be compelled to undergo any personal functions or services of the commonwealth , or to serve in war. if any man by reason of his land , be subject to be elected to any temporal office , if he take orders he is free , and there is a writ purposely to free him . all clergymen are free from the kings purveyors , the kings carriages , the kings posts , &c. for which they may demand a protection from the king cum clausula nolumus . if a clergyman acknowledge a statute , his body shall not be taken by vertue of any process thereupon ; for the writ runs , si laicus sit , &c. clergymen are not obliged to appear at sherives tourns , or views of frank pledge , there to take their oath of allegeance , the antient laws presuming that those whose principal care and office should be to teach the people loyalty and allegeance to their king , could not themselves want loyalty . by magna charta no clergy-man is to be fined or amerced according to his spiritual means , but according to his temporal estate , and according to the crime committed . the goods of clergymen are discharged by the common law of england from tolls and customes ( si non exerceant marchandizas de eisdem ) of avirage , pontage , muriage , paviage ; for which they have the kings writ to discharge them . the glebe lands and spiritual revenues of clergymen being held in pura & perpetua eleemosyna ( i. e. ) in frankalmoine , are exempted from arraying and mustering of men or horses for the war , as appears in a statute still in force , viz. hen. . num. . in the unprinted rolls of that parliament . the clergy being by their function prohibited to wear a sword or any armes ( their coat alone being their defence ) cannot serve in person in war. they serve their countrey otherwise , and for that service have alwayes been thought worthy of their spiritual profits and revenues , and of the kings protection . the clergy paying to the king the first years profits of all spiritual benefices , called first fruits , and yearly the tenth of all the said benefices , are with great reason thought fit to be exempted from all other taxes ; though to give the laity good example , they often lay subsidies or other great taxes upon themselves . it was an antient maxime in england , nullus pro decimis debet onerari de aliqua reparatione pontis seu aliquibus oneribus temporalibus . these and other immunities of the clergy the great aquinas thought agreeable to natural equity or the law of nature , thence it was that king pharaoh gen. when all the lands of his subjects were mortgaged to him for bread , yet spared the lands of the priests . so ezra . . and so in our antient laws we find , de danigeldo libera & quieta erat omnis ecclesia in anglia & etiam omnis terra quae in proprio dominio ecclesiae erat ubicunque jacebat nihil prorsus in tali redditione persolvens ; and the reason thereof is added , quia magis in ecclesiae confidebant orationibus quam in armorum defensionibus . many more priviledges , immunities , liberties , and franchises there are rightly belonging to the clergy of england , so many , that to set down all , saith sir edward coke upon magna charta , would take up a whole book . the priviledges of the clergy and franchises of the church , were ( with the lities of the people ) granted , confirmed , and sealed by the king in full parliament , anno . in such a solemn manner , as no story can parallel it : the king stood up with his hand upon his breast , all the lords spiritual and temporal stood with burning tapers in their hands ; the archbishop pronounced as followeth , by the authority of god omnipotent , of the son , and of the holy ghost , &c. we excommunicate , anathematize , and sequester from our holy mother the church , all those which henceforth knowingly and maliciously deprive and spoil churches of their right , and all those that shall by any art or wit rashly violate , diminish , or alter secretly or openly , in deed , word , or counsel , those ecclesiastical liberties , &c. granted by our lord the king to the archbishops , bishops , prelates , &c. for everlasting memory whereof we have hereunto put our seals . after which all throwing down their tapers extinguisht and smoaking , they all said , so let all that shall go against this curse be extinct and stink in hell. since which all kings of england at their coronations have by solemn oaths promised to preserve the same , and they have been confiremed by above successive parliaments , commanded to be read once a year in churches ; and if any act should be made to the contrary , it is to be held for null and void , by the statute of edw. . antiently men were very tender and fearful to do any thing that might make them incur the said dreadful censure ; but of later times , especially since our reformation , many men pretending to more christianity , and to more knowledge , have made little conscience of infringing and violating any rights , priviledges , or franchises of the church or churchmen ; whilst the liberties of the people ( though very little violated ) have been exacted , even to sedition and rebellion . to the end that men of the best rank and abilities should in all times be encouraged to embrace the most painful and severe profession of a clergy-man , and that the people ●hould the more willingly be ●uided and conducted by them . our most christian ancestors , ●ccording to the pattern of gods antient people the jews , ●nd of all other christian commonwealths , judged it expe●ient to allot large revenues , ●nd a most plentiful mainte●ance to the english clergy ; ●aving observed with solomon ●hat a wiseman for his pover●y is too oft contemned and ●espised , and that there is no●hing more contemptible and ●diculous than a poor clergy-man . the first kings of england ●ad all the lands of england 〈◊〉 demesne . the second sole monarch amongst the saxon kings ethelwolphus , by the advice of his nobles , gave fo● ever to god and the church both the tythe of all good and the tenth part of all the lands of england , free from all secular service , taxations or impositions whatsoever ; the charter of which donation 〈◊〉 to be seen in ingulphus and other authors ; which chart● thus ends , qui augere voluer● nostram donationem ( as many pious kings and nobles sin● have done ) augeat omnipoten● deus dies ejus prosperos , si qu●● vero mutare vel minuere praesump● serit noscat se ad tribunal christ rationem redditurum . beside the tenth of land ▪ and the husbandmans profits merchants also and shop-keepers paid to their spiritua● pastors the tenth of thei● gain , servants in divers pla●es the tenth of their wages , 〈◊〉 as soldiers in the kings armies do now a part of their pay ) and in some places ale●ellers the tenth flagon . al●o handicrafts-men and day-●abourers paid the tenth of ●heir wages upon their oaths , 〈◊〉 required . per assisas forestae and other ●ecords , it doth appear that ●ythes have been paid even ●f venison in divers parts of england , men making consci●nce in those dayes , as amongst ●he antient jews , to pay tythes ●f all they poss●ssed . besides all those , in some pla●es were paid to the pastor , ob●entions , oblations , pensions , mortuaries , &c. so that the en●lish clergy were the best provided for of any clergy in the whole world , except only the nation of the jews , amongst whom the tribe of levi being not the th part of the tribes , as appears in the book of numbers ; yet had as mr. selden confesseth , and that by gods own appointment three times the annual revenue of the greatest of the tribes : insomuch that the poorest priest in the courses might be reputed a wealthy person . and as amongst the jews the chief priests , for the better maintenance of their authority and dignity , had means far exceeding those of the inferiour clergy , and the high priest had a maintenance as far exceeding any of the said priests . so in england the bishops by the great piety and bounty of several english kings , had in lands and revenues temporal and spiritual , a maintenance far more ●mple than those of the inferiour clergy , and the archbishops more ample than ●he bishops . william the conquerour at his coming into england , found ●he bishopricks then in being 〈◊〉 richly endowed with lands , ●hat he erected them all into baronies , and every barony ●hen consisted of knights fees at the least . besides the●e belonged to bishops several perquisits and duties for the visitations of ●heir diocesses , for ordinasions , institutions , census cathedraticus subsidium charitativum , which upon reasonable causes they might require● of the clergy under them ; also other duties , called , decimarum quarta , mortuariorum & oblationum pensitatio ju● hospitii , processio , litania , viatici vel commeatus collatio ▪ which upon a journey to rom● they might demand . tenth● and first fruits was antiently paid ( as is believed ) to the several diocesans , and was continued to the bishop of norwich till henry . deprived him thereof , and deprived the pope of all the rest . moreover all cathedral churches were by divers kings and nobles richly furnisht with lands for th● plentiful maintenance of a dean and a certain number of prebends ; insomuch that together with the lands given to monasteries , a third part of the lands of england belonged to the church and church-men ; whereby did accrue much benefit to this nation , great hospitality was kept , many hospitals , colledges , churches , bridges built , and other publick , pious , and charitable works . all leases held of them by the laity , were not ●aly much more easie than other tenures , but so unquestionable , that there was little work for the lawyers ; so much peaceableness , that sworn attourneys was thought sufficient to serve the whole kingdome . at present the revenues of the english clergy is generally very small and insufficient above a third part of the best benefices of england being antiently by the popes grant appropriated to monasteries , towards their maintenance , were upon the dissolution of monasteries made lay fees ; besides what hath been taken by secret and indirect means , thorow corrupt compositions an● compacts and customs in many other parishes ; also man● large estates wholly exemp●● from paying tythes , as land belonging to the cistertia● monks , to the knights templars and hospitallers . tho● benefices that are free from these things , yet ( besides fi●● fruits and tenths to the king and procurations to the bishop are taxed towards the charg● of their respective parishes , and towards the publique charges of the nation above and beyond the proportion of the laity . the bishopricks of england have been also since the later end of hen. . to the coming in of king james , most miserably robbed and spoiled of the greatest part of their lands and revenues ; so that at this day a mean gentleman of l. land yearly , will not change his worldly estate and condition with divers bishops : an attourney , a shop-keeper , a common artisan ; will hardly change theirs with ordinary pastors of the church . some few bishopricks do yet retain a competency , amongst which the bishoprick of durham is accounted one of the chief , the yearly revenues whereof before the late troubles was above l. of which by the late act for abolishing tenures in capite , was lost above l. yearly . out of it an yearly pension of l is paid to the crown ever since the raign of queen elizabeth , who promised in lieu thereof so much in impropriations ; which was never performed . above l. yearly paid to several officers of the county palatine of durham , the assises and sessions duly kept in the bishops house , at the sole charges of the bishop . the several expences for keeping in repair certain banks of rivers in that bishoprick , and of several houses belonging to the bishoprick . moreover the yearly tenths , the publick taxes , the charges of going to , and waiting at parliament , being deducted , there will remain communibus annis to the bishop to keep hospitality ▪ ( which must be great ) and to provide for those of his family but about l. yearly . the like might be said of some other principal bishopricks . the great diminution of the revenues of the clergy and the little care of augmenting or defending the patrimony of the church , is the great reproach and shame of the english reformation , and will one day prove the ruin of church and state. judicious mr. hooker ( who in the preface of his works fore-told our late troubles years before they came to pass ) observing in his time how the church was every day robbed of her dues , and that it was then an opinion rife [ that to give to the church smelt of judaisme and popery , and to take from the church what our ancestors had given , was reformation . ] declared that what moses saith in the th psalme , was likely to be verified of religion and gods service amongst us . the time thereof may be threescore years and ten , if it continue till fourscore it will be but small joy to those that shall then behold the condition of the english church ; and the best read historian cannot produce one example of a happy state , where the clergy hath been exposed to the peoples contempt ; which must needs happen where their benefices their maintenance is scandalous and their persons despicable . it is the last trick saith st. gregory , that the devil hath in this world , when he cannot bring the word and sacraments in disgrace by errours and heresies , he invented this project , to bring the clergy into contempt and low esteem , as it is now in england ; where they are accounted by many as the dross and refuse of the nation : men think it a stain to their blood , to place their sons in that function , and women ashamed to marry with any of them ; whereas antiently in england ( as among the jews , the tribe of levi was counted noble , above all other tribes except that of the royal tribe of judah ) the function of the clergy was of so high account and esteem , that not only the best gentry and nobility , but divers of the sons and brothers of divers of our english kings since the conquest and before , disdained not to enter into holy orders , and to be clergy-men , as at this day is practised in most other monarchies of christendome . ethelwolph son and successor to egbert , first sole king of england , was in holy orders and bishop of winchester at his fathers death . odo bishop of bayeux in normandy , was brother to william the conquerour . henry de blois brother to king stephen was bishop of winchester . geofry plantagenet son to henry was bishop of lincoln . henry de beaufort brother to henry the th , was bishop also of winchester . and of later times that most prudent henry had designed his second son to be a clergyman , to omit many others of noble blood. which policy is still observed even amongst the few families of the romish religion in england , wherein are to be found at this day some brothers or sons of dukes , marquisses , earls , and barons in holy orders , and all the rest of the stock of baronets , knights , or gentry ; and for this cause find respect not only amongst those of their own opinions ; but even of the more sober , moderate , and best civilized protestants . whilst this policy lasted in england , the clergy were judged the fittest persons to execute most of the chief offices and places of the kingdom ( according to the divine policy amongst gods peculiar people , where the priests and levites were the principal officers and judges in every court ; to whom the people were to be obedient on pain of death ) and the laity did with much reverence and respect submit to them . and as then os sacerdotis , oraculum erat plebis ( according to that of malachi . . ) so os episcopi oraculum erat regis & regni & rex amplectabatur universum clerum lata fronte & ex eo semper sibi eligebat primos a consiliis , primos ad officia regni obeunda . primi igitur sedebant in omni regni comitiis & tribunalibus episcopi , in regali quidem palatio cum regni magnatibus , in comitatu una cum comite , in turno cum vicecomite , & in hundredo cum domino hundredi , sic ut in promovenda justitia usquequaque gladius gladium adjuvaret & nihil inconsulto sacerdote vel episcopo ageretur . and because the weal of the kingdom and the service of the king depended so much upon them , and their presence for that end so oft required at london , it was judged expedient that every bishoprick should have a palace or house belonging to it in or about london ; and it is known at this day where stood the houses of every one , except that of st. asaph , which also might probably have had one , but more obscure than some other ; that bishoprick having been , as still , very mean. great was the authority of the clergy in those dayes , and their memory should be precious in these dayes , if we consider that they were the authors of so great benefits and advantages to this kingdom , that there are few things of any importance for promoting of the welfare of this church and state , wherein the bishops and prelats ; under god , have not been the principal instruments . the excellent laws made by king ina , king athelstan , king edmund , and st. edward from whom we have our common laws , and our priviledges mentioned in magna charta , were all made by the perswasions and advice of bishops and archbishops named in our histories . the union of the houses of york and lancaster ; ( whereby a long and bloody war was ended ) was by the most wise advice and counsel of bishop morton , then a privy councellour . the union of england and scotland , that inexpressible advantage to both nations , was brought to pass by the long fore-sight of reverend . bishop fox a privy councellour , in advising henry the th , to match his eldest daughter to scotland , and his younger to france . most of the great publick works now remaining in england , acknowledge their antient and present being either to the sole cost and charges , or to the liberal contributions , or at least to the powerful perswasions of bishops ; as most of the best endowed colledges in both our vniversities , very many hospitals , churches , palaces , castles , have been founded and built by bishops ; even that famous chargeable and difficult structure of london-bridge stands obliged to the liberal contributions of an archbishop ; and it was a bishop of london , at whose earnest request william the conquerour granted to the city of london so large priviledges , that in a grateful remembrance thereof , the lord mayor and aldermen to this day , upon some solemn dayes of their resort to st. pauls church , do go in procession to the grave stone where that bishop lies interred . but above all , the converting england to the christian religion , the reforming that religion when corrupted , and since that , the maintenance of the doctrine thereof against all romish writers , and of the discipline thereof ( none of the least good offices ) against all the practices and power of the puritan and presbyterian factions , and all those other sectaries lineally descended from them ; all this and more is owing ( if not solely , yet principally ) to bishops and prelats : by the late want of whom to sit at the stern , how soon was this goodly vessel split upon the rocks of anarchy and confusion . even since the late restauration of bishops , to set down the many considerable publick benefits flowing from them and other dignified clergy , would tire the reader . what sums of money have been by them expended in repairing cathedral churches , episcopal houses , in founding and building hospitals , in charity to poor widdows of clergymen utterly ruined by the late rebels , for redeeming of poor christian slaves at algier , what publick and private sums for supplying the kings necessities at his restauration , what expences in hospitality , &c. above and beyond the charity and bounty of others , who have ten times their wealth and riches . as they have then been beneficial to this kingdome above and beyond other ranks of men , so they have had the highest respect , reverence , and esteem . in all ages amongst all nations , amongst turks , as well as jews and christians , it was judged fit that the principal domestique servants of the king of heaven and earth either should be of the chiefest and noblest upon earth , or at least should be so esteemed . such reverence our ancestors bare to that function , that ( as selden observes ) to fall down and kiss the feet , was a ceremony usual towards other bishops and principal prelates besides the bishop of rome . divers of our saxon and norman kings and nobles so respected them , that they constrained them in publick grants , yet to be seen to sign before the highest of the lay nobles , and sometimes before the kings own sons and brothers , and to rank them before , &c. in the year . three kings , viz. of england , scotland , and of south-wales , to express their pious and courteous respect to hugh bishop of lincoln , disdained not with their own royal shoulders to bear his dead corps to the grave . and yet it hath been observed even by strangers , that the iniquity of the present times in england is such , that the english orthodox clergy are not only hated by the romanists on the one side , and maligned by the presbyterian on the other side ( as the english liturgy hath also been for a long time by both of them ( a sure evidence of the excellency thereof ) and as our saviour was crucified between two theeves ) but also that of all the christian clergy of europe ( whether romish , lutheran , or calvinian ) none are so little respected , beloved , obeyed , or rewarded , as the present pious learned loyal orthodox clergy of england , even by those who have alwayes professed themselves of that communion . o deus in quae tempora reservasti nos ! here followeth a catalogue of the present deans in the provinces both of canterbury and york . in the province of canterbury dr. turner dean of canterbury . dr. sancrost dean of pauls . dr. dolben bishop of rochester and dean of westminster . dr. clark dean of winchester . dr. wilford dean of ely. dr. creyton dean of bath and wells . dr. williams bishop of ossory and dean commendatory of bangor . dr. fell dean of christ-church . dr. hardy dean of rochester . dr. gueson dean of chichester . dr. thomas dean of worcester . dr. ●redyok dean of salisbury . dr. honywood dean of lincoln . dr. lloyd dean of st. asaph . dr. cary dean of exeter . dr. duport dean of peterborough . dr. crofts dean of norwich . dr. toogood dean of bristol . dr. hodges dean of hereford . dr. brough dean of glocester . dr. wood dean of litchfield . in the province of york . dr. hitch dean of york . dr. sudbury dean of durham . dr. carlton dean of carlile . dr. bridgeman dean of chester . note , that in the cathedral churches of st. davids and of landaff there never hath been any dean , but the bishop in either is head of the chapter , and in the bishops absence the chanter at st. davids and at landaff the archdeacon . note also , that there are some deans in england without any jurisdiction , only for honour so stiled ; as the dean of the chappel royal , and dean of the chappel of st. george at windsor . moreover , some deans there are without any chapter , yet enjoying certain jurisdictions , as the dean of croyden , the dean of battel , the dean of bocking , &c. of the nobility or second estate of england . nobiles quasi viri noscibiles or notabiles . in all christian monarchies men that have been notable for courage , wisdom , wealth , &c. have been judged fit and worthy to enjoy certain priviledges , titles , dignities , honours , &c. above the common people , to be placed in an higher orbe , and to be as a skreen between the king and the inferiour subjects , to defend the one from insolencies and the other from tyranny ; to interpose by their counsel , courage , and grandeur , where common persons dare not , ought not to be so hardy ; to support the king and defend the kingdom with their lives and fortunes . the nobility of england is called the peerage of england , because they are all pares regni ; that is , nobilitate pares , though gradu impares . the degrees of the english nobility are onely five , viz. duke , marquiss , earl , vicount , and baron . these are all barons , but the four first are for state , priviledge , and precedence above and before other barons . a duke in latine dux , a ducendo , noblemen being antiently either generals and leaders of armies in time of war , or wardens of marches and governours of provinces in times of peace ; afterwards made so for term of life , then held by lands and fees , at length made hereditary and titular . the first duke since the conquerour was edward the black prince , created so by edward in the th year of his raign . a duke is at this day created by patent , cincture of a sword , imposition of a cap and coronet of gold on his head , and a verge of gold put into his hand . marchio a marquiss , was first so called from the government of marches and frontier countries . the first that was so created was robert vere earl of oxford , made marquiss of dublin in octavo of richard . a marquiss is created by a cincture of a sword , imposition of a cap of honour , with a coronet and delivery of a charter or patent . earls antiently called comites , because they were wont comitari regem , to wait upon the king for counsel and advice . the saxons called them ealdormen , the danes eorlas , and the english earls . they had antiently for the support of their state the third penny out of the sherives court issuing out of all pleas of that shire whereof they had their title , but now it is otherwise . an earl is created by the cincture of a sword , a mantle of state put upon him by the king himself , a cap and a coronet put upon his head , and a charter in his hand . all earls are stiled by the king consanguinei nostri , our cosins , and they antiently did and still may use the style of nos . all the earls of england are local , or denominated from some shire town or place , except , whereof one is personal , as the earl marshal of england , who is not only honorary as all the rest , but also officiary . the other is nominal , viz. earl rivers , who takes his denomination from an illustrious family , as the rest do from some noted place . vicecomes quasi vice comitis gubernaturus comitatum . this title was first given say some by hen. . in the th year of his raign to john beaumont , though it may be found that h. . sir robert brent was by that king created a vicount . a vicount is so made by patent . in the laws of the longobards and of the normans this word baron was used for vir , as at this day baron or varon in the spanish tongue is used for the same ; so that a baron is vir 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , vir notabilis & principalis ; so the chief burgesses of london antiently and still those of the cinque ports are called barons . antiently those barons only were accounted peers of the realm that held of the king per integram baroniam , which consisted of knights fees , and one third part ( each knights fee being l. ) which make in all marks , and whoever had so much , was wont to be summoned to parliament . now to hold per baroniam , is to hold per haereditatem baronis whether greater or less . barons in the beginning of the raign of h. . were not of so much repute as afterwards , when that king ( after that great rebellion against him was supprest ) called by writ unto parliament only such great men as had continued loyal ; which the succeeding kings observing , they only were accounted peers of the realm , that were called by the kings special writ ; and the others lost their peerage . the earls palatines and earls marchers of england had antiently also their barons under them ; as in cheshire there are yet such barons : but as no bishops but those that hold immediately of the king , are peers of the realm ( for the bishop of man , holding immediately of the earl of derby is no peer ) so no barons , but those that hold immediately of the king , are peers of the realm . caput baroniae is some castle or chief seat of a nobleman , which is not to be divided amongst daughters ( if there be no son ) but must descend to the eldest daughter , caeteris filiabus aliunde satisfactis . lands holden by barony , doth not make the purchaser that is ignoble to be noble , although the charge of such tenure doth lie upon him in respect of the service of the realm ; no more than lands by villain service , doth make the purchaser that is a freeman a villain , though he shall thereby be bound to his villain service due for those lands . barons are sometimes made by writ , being thereby called to sit in the higher house of parliament , but most usually by patent . all the fore-mentioned degrees have the title of lord from the saxon word laford , dominus . all the lords of england both spiritual and temporal , are feudataries to the king , and in their creation and also in their succession , do swear an oath of fealty , and do homage to the king their soveraign , and pay certain duties , as signs and symbols of their subjection to their prince . all honours in england are given by the king , who is the sole fountain of honour . the law of england prohibiteth all subjects of the realm to receive any title of honour or dignity of the gift of any forreign prince , king or emperour . est enim jus majestatis & inter insignia summae potestatis . none of these honours bestowed by the king on a family can be lost , but by want of issue , or else by some heinous crime ; and then that family cannot be restored to their blood but by parliament . all noblemen at their creation have two ensigns , to signifie two duties . their heads are adorned ad consulendum regem & patriam tempore pacis , and they are girt with a sword ad defendendum regem & patriam tempore belli . the several degrees of the english nobility are differenced and distinguisht one from another by their titles and ensigns of honour . a duke hath the title of grace , and being written unto , may be stiled , most high , potent , and noble prince . a marquiss , most noble and potent prince . an earl , most noble and potent lord. a vicount , right noble and potent lord. and , a baron , right noble lord. their coronets are all different . a baron hath a coronet of pearls upon the circle , given to that honour by the present king. a vicount hath a coronet with pearls without the circle . ●n ●●arls coronet hath the pearls raised . the marquiss a pearl and strawbe●ry leaf round . and a dukes coronet only leaves without pearls . they are more especially distinguisht by their robes of parliament , by their several guards on their mantles or short cloaks about their shoulders . a baron hath but guards , a vicount two and and a half , an earl , a marquiss and a half , and a duke . the nobility of england have in all times enjoyed many considerable priviledges . all peers of the realm being lookt on as the kings hereditary constant counsellours , their persons out of parliament time are priviledged ( as others in parliament time ) from all arrest , unless for treason , felony , or breach of peace , condemnation in parliament , or contempt to the king. no supplicavit can be granted against them , no capias or exigent sued out against them for actions of debt or trespass . no essoin lies against any peer of the realm . in criminal causes , treason , or felony , they cannot be tried by any other jury but by a jury of peers of the realm ; who are not as other juries to be put to their oath , but their ve●dict given in upon their honour sufficeth . in civil causes they are not to be empanelled upon any jury , nor upon any enquests de facto , though in a matter between two peers . in case any peer be returned upon any such jury , there is a special writ for his discharge . upon no case to be bound to the good behaviour , nor put to swear they will not break the peace , but only to promise it upon their honour ; which was ever counted so sacred , as upon no terms to be violated . a peer of the realm may not be put to the rack or torture , to discover the truth , though accused of high treason . every peer of the realm called to parliament , hath the priviledge in his lawful absence to constitute a proxy to vote for him , which none of the commons may do . also in places of trust committed to them , they are allowed to make deputies , by reason of the necessity supposed in the law of their attendance on the person of the king. though neither civil law nor common law allow any others testimony to be valid , but what is given upon oath , yet the testimony of a peer of england given in upon his honour , without any oath , is esteemed valid ; and they were wont to be examined upon their allegeance and the loyalty of their chivalry , and to put in their answer to a bill super honorem , without taking an oath ; though of later times that priviledge , by the neglect of some lords hath been infringed sometimes . a day of grace by the favour of the court is not to be granted to the plaintiff in any suit or action wherein a peer of the realm is defendant ; and this by statute law , because the law presumes that a peer of the realm must alwayes be ready to attend the person of the king and the service of the commonwealth , and therefore it is not to be delayed longer than the ordinary use of the court , but to have expedition of justice . at the beginning of parliament when the oath of supremacy is exacted of all those of the house of commons , yet is it not reqnired of any of the lords , because the king is otherwise assured of their loyalty and fidelity as is presumed . in all cases wherein the priviledge of clergy is allowed to other men , and also in divers cases where that priviledge is taken away from other men , every peer of the realm having place and voice in parliament , shall upon his request by stat. . ed. . without burning in the hand , loss of inheritance , or corruption of blood , be adjudged for the first time as a clerk convict , though he cannot read . all barons of england are exempted from all attendance at sherives turns or any leets , as others are , to take the oath of allegeance . a peer cannot be outlawed in any civil action , because he cannot be arrested by any capias , and by the same reason lies no attachment against him . by the custom of england , ( as is by the law of the empire ) nobiles non torquentur in quibus plebeii torquerentur & nobiles non suspenduntur sed decapitantur : yet this by the meer favour of the king , and in some cases , especially of felony , hath been otherwise sometimes . for the suppressing of riots and routs , the sheriff may raise the posse comitatus , that is , ●all able men are to assist him ; yet may not the sheriff command the person of any peer of the realm to attend that service . a baron of parliament being sent for by the kings writ or letter , or by his messenger to come to court , or to parliament , or to appear before the council-board , or in his court of chancery , may both coming and returning by the kings forest or park kill one or two deer . in any civil trial , where a peer of the realm is plaintiff or defendant , there must be returned of the jury at least one knight , otherwise the array may be quasht by challenge . the laws of england are so tender of the honour , credit , reputation and persons of noblemen , that there is a statute on purpose to prohibit all offence by false reports , whereby any scandal to their persons may arise , or debate and discord between them and the commons ; and because it is to defend not only lay lords but bishops and all great officers of the realm , it is called scandalum magnatum . if a peer of the realm appear not upon a subpena , yet may not an attachment be awarded against him , as it may against a common person ; though of later times the practice hath been otherwise . the house of a peer cannot in some cases ( as in search for prohibited books , for conventicles , &c. ) be en●●red by officers of justice , without a warrant under the kings own hand , and the hands of of his privy council , whereof to be peers of the realm . no peer can be assessed towards the standing militia , but by or more of themselves . the law allowing any one of the commonalty to be ar●aigned for felony or treason in favorem vitae to challenge of his jury without shewing cause , and others by shewing cause ; yet allows not a peer of the realm to challenge any of his jury , or to put any of them to their oath , the law presuming that they being all peers of the realm , and judging upon their honour , cannot be guilty of falshood o● favour or malice . all peers of the realm have a priviledge of qualifying a certain number of chaplains , who ( after a dispensation from the archbishop ( if to him i● seem good ) and the same ratified under the great seal of england ) may hold plurality of benefices with cure of souls : in this manner every duke may qualifie chaplains , every marquiss and earl apiece , every vicount , and every baron . a peer of the realm may retain aliens born , whereas another may not retain above . in case of amercements of the peers of the realm upon non-suits or other judgements , a duke is to be amer●ed only pounds , and all under only l. and this to be done by their peers , accord●ng to magna charta ; al●hough it is oft done by the kings justices instead of their peers . all peers of the realm be●ng constant hereditary councellours of the king in his great council of parliament , and being obliged upon the kings summons to appear and attend in all parliaments upon their own charges , are priviledged from contributing to the expences of any member of the house of commons ; for which no levy may be made upon any of their lands , parcel of their earldoms or baronies , any of their antient demesnes , copyhold , or villain tenants . the estates of all peers of the realm being judged in the eye of the law sufficient at all times to satisfie all debts and damages , satisfaction is to be sought by execution taken forth upon their lands and goods , and not by attachments , imprisonments of their persons ( those are to be alwayes free for the service of the king and kingdome ) no● by exigents or capias utlegatum , &c. other priviledges belong to the peers of england , as ● tun of wine custome free to every earl , and to the rest proportionably , &c. notwithstanding these great priviledges belonging to the nobility of england , yet the greatest of them ( no not the brother or son of the king ) ever had the priviledge of the grandees of spain , to be covered in the kings presence , except only henry ratcliffe earl of surrey , as before pag. . nor had ever that higher priviledge of the nobility of france , whose domain lands and their dependants holding them , are exempted from all contributions and tailles , whereby they are tied to their king , and so enabled to serve him , that although rebellions are frequent , yet seldome of long continuance , and never prosperous ; whereas the highest born subject of england hath herein no more priviledge than the meanest plowman , but utterly want that kind of reward for antient vertue , and encouragement for future industry . touching the places or precedences amongst the peers of england , it is to be observed that ( after the king and princes of the blood , viz. the sons , grandsons , brothers , uncles , or nephews of the king and no● farther ) dukes amongst the nobility have the first place , then marquisses , dukes eldest sons , earls , marquisses eldest sons , dukes younger sons , vicounts , earls eldest sons , marquisses younger sons , barons , vicounts eldest sons , earls younger sons , barons eldest sons , vicounts younger sons , barons younger sons . here note , that it was decreed by king james , that the younger sons of barons and vicounts should yeeld place and precedence to all knights of the garter , quate●us tales , and to all privy councellours , master of the wards , chancellour , and under treasurer of the exchequer , chancellour of the dutchy , chief justice of the kings bench , master of the rolls , chief justice of the common pleas , chief baron of the exchequer , and all other judges and barons of the degree of the coise of the said courts , and that by reason of their honourable order and employment ; and also to all bannerets made under the kings banner or standard displayed in an army royal in open war , and the king personally present . note also , that if any of the degrees of nobility above-mentioned are descended of the blood royal , they are to have place of all those of the same degree with them . moreover , observe that all the nobles of the same degree take place according to the seniority of their creation . there are certain marks of state that belong to each degree amongst the nobility , which they may practise or not practise at pleasure . a duke may have in all places out of the kings presence a cloth of estate hanging down within half a yard of the ground , so may his dutchess , and her train born up by a baron ; and no earl to wash with a duke without the dukes pleasure . a marquiss may have a cloth of estate reaching within a yard of the ground , and that in all places out of the presence of the king or a duke , and his marchioness to have her train born by a knights wife ; and no vicount to wash with a marquiss , but at his pleasure . an earl also may have a cloth of estate without pendants but only fringe , and a countess may have her train born by a gentlewoman out of the presence of her superiours , and in their presence by a gentleman . a vicount may have a cover of assay holden under his cup while he drinks , but no assay taken , as dukes , marquisses and earls may have . and a vicountess may have her gown born up by a woman out of the presence of her superiours , and in their presence by a man. a baron may also have the cover of his cup holden underneath whilst he drinketh , and a baroness may have her gown born up by a man in the presence of a vicountess . all dukes eldest sons be as earls , and the younger as lords , with the addition of their christian names , as lord thomas , lord john , &c. a dukes eldest son of the blood royal shall take place of a marquiss that is not , and of an earl that is of the blood royal. a marquisses eldest son is called lord of a place , and the younger sons lord thomas , lord john , &c. a marquisses eldest son of the blood royal shall go before an earl that is not , and of a vicount that is of the blood royal. an earls eldest son is called lord of a place , and all his daughters ladies , but his younger sons not lords . an earls eldest son of the blood royal takes place of a vicount that is not , and of a lord that is of the blood royal. a vicounts eldest son is no lord , nor his daughters ladies , and therefore the eldest son and the eldest daughter of the first vicount of england , is said to be the first gentleman and gentlewoman without title in england . a vicounts eldest son of the blood royal takes place of all barons . the princes of the blood , the great officers of the realm , and the bishops are to precede , according to an act of parliament , h. . the lord chancellour , lord treasurer , lord president of the kings council , lord privy seal : these being barons or above , shall in parliament sit above all dukes , except the son , brother , grand-child , or nephew of the king. the lord high steward of england is not here named , because it was intended that he should not continue beyond the occasion for which he should be made . next hath place the lord great chamberlain of england , then the lord high constable , the earl marshal , the lord high admiral , lord steward of the kings houshold , lord chamberlain of the kings houshold . these shall sit after the lord privy seal , above all of their degree only . and if the kings principal secretary be a baron , he takes place of all barons that are not of the offices before mentioned ; but if he be a vicount or higher degree , he shall take place only according to his degree . also if the kings secretary be a bishop , as antiently was usual , he takes place next to the bishop of winchester of all other bishops that have none of the offices aforesaid . all dukes , marquisses , earls , vicounts , and barons , not having any of the said offices , shall take place according to the antiently of their creation . all dukes eldest sons have the title of earls , and the eldest son of an earl , hath the title of the earls barony , and sometimes of the vicountry , according to the patent . a catalogue of the peers of england according to their precedence . dukes of the royal blood. james duke of york and albany , earl of ulster , lord high admiral of england , the kings only brother . rupert duke of cumberland and earl of holderness . edgar duke of cambridge . the lord chancellour or lord keeper of the great seal , the lord treasurer , and the lord privy seal , take place before all dukes not of the blood royal. dukes . thomas howard duke of norfolk . william seymour duke of somerset . george villars duke of buckingham . charles stuart duke of richmond . george monk duke of albemarle . james scot duke of monmouth . william cavendish duke of newcastle . marquisses . john pawlet marquiss of winchester . edward somerset marquiss of worcester . henry pierrepont marquiss of dorchester . earls . these three take place in respect of their offices . bertue earl of lindsay , lord high chamberlain of england . james butler earl of brecknock , lord steward of the kings houshold . edward montague earl of manchester , lord chamberlain of the kings houshold . earls . awbrey de vere earl of oxford . algernon percy earl of northumberland . francis talbot earl of shrewsbury . anthony grey earl of kent . charles stanley earl of derby . john mannours earl of rutland . theophilus hastings earl of huntingdon . william russel earl of bedford . philip herbert earl of pembroke ▪ theophilus clinton earl of lincoln . charles howard earl of nottingham . james howard earl of suffolk . richard sacvile earl of dorset . william cecil earl of salisbury . john cecil earl of exeter . john edgerton earl of bridgewater . robert sydney earl of leicester . james compton earl of northampton . charles rich earl of warwick . william cavendish earl of devonshire . basil fielding earl of denbigh . george digby earl of bristol . lionel cranfield earl of middlesex . henry rich earl of holland . john hollis earl of clare . oliver st. john earl of bullingbroke . mildmay fane earl of westmorland . montague earl of manchester . thomas howard earl of berkshire . thomas wentworth earl of cleveland . edward sheffield earl of mulgrave . thomas savage earl rivers . bertue earl of lindsay . nicolas knowles earl of banbury henry cary earl of dover . henry mordant earl of peterborough . henry grey earl of stamford . henage finch earl of winchelsey . charles dormer earl of caernarvon . montjoy blunt earl of newport . philip stanhop earl of chesterfield . john tufton earl of thanet . william wentworth earl of strafford . robert spenser earl of sunderland . james savil earl of sussex . george goring earl of norwich . nicholas leak earl of scarsdale . john willmot earl of rochester . henry jermin earl of st. albans . edward montague earl of sandwich . james butler earl of brecknock . edward hyde earl of clarendon . arthur capel earl of essex . thomas brudnel earl of cardigan . anthony annesly earl of anglesey . john greenvile earl of bath . charles howard earl of carlile . john craven earl of craven . thomas bruce earl of alisbury . richard boyle earl of burlington . vicounts . leicester devereux vicount hereford . francis brown vicount montague . james fiennes vicount say and seale . edward conway vicount conway . baptist noel vicount camden . william howard vicount stafford . thomas bellasis vicount falconbridge . john mordant vicount mordant . george savil vicount halifax ▪ barons . john nevil lord abergavenny . james touchet lord andley . charles west lord de la warre . george berkly lord berkly . thomas parker lord morly and monteagle . francis lennard lord dacres . conyers darcy lord darcy and menil . william stourton lord stourton . william lord sandys de la vine . edward vaux lord vaux . thomas windsor lord windsor . thomas wentworth lord wentworth . wingfield cromwel lord cromwell . george evre lord evre . philip wharton lord wharton . francis willoughby lord willoughby of parham . william paget lord paget . dudly north lord north. william bruges lord chandos . william petre lord petre. dutton gerard lord gerard. charles stanhop lord stanhop . henry arundel lord arundel of warder . christopher rooper lord tenham ▪ fulk grevil lord brooke . edward montague lord montague of boughton . charles lord howard of charlton . william grey lord grey of wark . john robarts lord robarts . john lovelace lord lovelace . john pawlet lord pawlet . william mainard lord mainard . thomas coventry lord coventry ▪ edward lord howard of escrick . warwick mohun lord mohun . william butler lord butler . percy herbert lord powis . edward herbert lord herbert of cherbury . francis seymour lord seymour . francis newport lord newport . thomas leigh lord leigh of stonelty . christopher hatton lord hatton . henry hastings l. loughborough . richard byron lord byron . richard vaughan lord vaughan charles smith lord carington . william widrington lord widrington . humble ward lord ward . thomas lord culpeper . isaack astley lord astley . richard boyle lord clifford . john lucas lord lucas . john bellasis lord bellasis . lewis watson lord rockingham . charles gerard lord gerard of brandon . robert sutton lord sutton of lexinton . charles kirkhoven lord wotton . marmaduke langdale , lord langdale . william crofts lord crofts . john berkley lord berkley . denzil hollis lord hollis . frederick cornwallis lord cornwallis . george booth lord de la mere. horatio townsend lord townsend . anthony ashley cooper lord ashley . john crew lord crew , &c. henry bennet lord arlington . john freschevile lord fresschevile . richard arundel lord arunde● of trerice . of temporal lords or peer of england , there are at presen● about , whereof there ar● dukes , marquisses , ● earls , vicounts , and barons ; whereas within year● last past there was not on● duke , but one marquiss , abou● earls , or vicounts , an● lords . the laws and customs of england alwayes willing that decorum and conveniency should be every where observed , and considering the charges and expences appertaining to the several degrees of honour , as they belong to men of principal service to the king and realm , both in time of war and peace , expected that each of them should have a convenient estate and value of lands of inheritance , for the support of their honours and the kings service . therefore antiently when the intrinsique value of a pound sterling was worth l. of our money now , every knight was to have about acres , reckoned at l. yearly in land , that is , about l. of our money at this day : a baron to have knights fees and one third part , which amounted to l. which multiplied by , was as much as l. a year at this day . an earl knights fees , and a duke . and in case of decay of nobility , or that they had so far wasted their revenues , that their honours could not decently be maintained ( as the roman senators were in such case removed from the senate ) so sometimes some english barons have not been admitted to sit in the higher house of parliament , though they kept the name and title of dignity still . for the better support o● these degrees of honour , the king doth usually upon the creation of a duke , marquiss , earl , or vicount , grant an annuity or yearly rent to them and their heirs , which is so annext to the dignity that by no grant , assurance , or any manner of alienation can be given from the same , but is still ●ncident to , and a support of the same creation ; contrary to that principle in law , that every land of feesimple may be charged with a rent in fee-simple by one way or other . to a duke the king grants l. heretofore a considerable pension , to a marquiss marks , to an earl l. and to a vicount marks . to barons no such pensions is ordinarily granted , onely the late king creating mountjoy blount ( the late earl of newport ) lord mountjoy of thurlston , granted him a fee of marks per annum to him and his heirs for ever . as the king of england hath ever had the repute of the richest in domaines of any king in europe , so the nobility of england have been accounted the richest in lands of any neighbouring nation ; some having above l. yearly , others , and so many of them above ten , that if one with another they have l. yearly , it will amount to in all amongst the lords sixteen hundred thousand pounds a year , about the ninth part of the yearly revenue of all england , which upon computation is found to be about fourteen millions yearly . the english nobility for valour , wisdome , integrity , ●nd honour , hath in all former ages been equal to any in christendom . every lords house was a kind of a well disciplined court , insomuch that the gentry , males , and females , were wont to be sent thither for vertuous breeding and returned excellently accomplisht . at home their table attendance , officers , exercises , recreations , garb , was an honour to the nation . abroad they were attended with as brave , numerous , and uniform train of servants and followers as any ●u●ope ; not thinking it consistent with their honours to be seen walk the streets almost in cuerpo with one lackey , or not that , much less to be found drinking in a tavern , &c. if the english nobility by ● long continued peace , excessive luxury in diet , want o● action , &c. were before th● late wars born more feeble in body than their ancestors , an● by too fine and too full die● afterwards were rendred weaker in mind , and then during th● late troubles by much licentiousness and want of fit education , were so debauched , tha● it was lately difficult to fin● ( as some are bold to affirme ) the courage , wisdom , integrity , honour , sobriety , and courtesie of the antient nobility ; yet is it not to be doubted , but that under a warlike enterprising prince all those vertues of their fore-fathers may spring afresh : especially if we consider the vicissitude of all sublunary things , and remember that there was once a time when the juvenes nobiles , in old english the edel knaben , were so leud , that those words came at length to signifie , as now , idle knaves . of the commonalty or third state of england . the law of england , contrary to the laws and customs of other countries , ●alleth none noble under a baron ; so that not only all baronets , all sorts of knights , all esquires and gentlemen , but also all the sons of the nobility , are by our law reckoned amongst the commons of england : and therefore the eldest son of a duke , though by the courtesie of england stiled an earl , yet shall be arraigned by the stile of esquire only , and may be tried by a jury of common freeholders ; and in parliament can sit only in the house of commons , if elected , till called by the kings writ to the lords house . yet doth it seem very absurd that all noblemens sons , with all knights , esquires , and gentlemen , should be esteemed plebeans , but rather as in rome they were , in a middle rank , inter senatores & plebem ; or else as ●n other christian kingdomes , they should be considered as ●he minor nobilitas regni : so ●hat as barons and all above , may be stiled nobiles majores ; ●o from a baron downward to ●he yeoman , all may be not ●●fitly , stiled nobiles minores . the lower nobility then of england consists of baro●ets , knights , esquires , and gentlemen . the next degree to barons ●re baronets , which is the low●st degree of honour that is ●ereditary . an honour first ●nstituted by king james anno ● , given by patent to a man and his heirs males of his body lawfully begotten ; for ●hich each one is obliged to ●ay into the exchequer so much money as will for years at ● d. per diem , pay foot souldiers to serve in the province o● vlster in ireland , which summe amounts to l. which with fees doth commonly arise to l. baronets have precedenc● before all knights excep● knights of the garter and knights bannerets , made under the kings banner or standard , displaied in an army roya● in open war , and the kin● personally present . baronets have the priviledgi to bear in a canton of thei● coat of arms , or in a whol● scutcheon the arms of vlster viz. in a field argent a han● gules : also in the kings armies to have place in the gros near the kings standard , wit● some other particulars for their funerals . the whole number of baronets in england are not to exceed at one and the same time ; after which number compleated , as any for want of heirs come to be extinct , the number shall not be made up by new creations , but be suffered to diminish ; as appears by their patent . no honour is ever to be created between baronets and barons . the first baronet that was created , was sir nicholas bacon of suffolk ; whose successor is therefore stiled primus baronettorum angliae . this word knight is derived from the german word knecht signifying originally 〈◊〉 lusty servitor . the germans ( as the antient romans gave their young men togam virilem ) by publick authority bestowed on their young men able to manage arms ) a shield and a javelin , as fit for martial service , and to be a member of the common wealth , accounted before but a part of a family ; and such a young man publickly allowed , they called knecht : whence we had our institution of knighthood . the thing knight is at this day signified in latine , french , spanish , italian , and also in the high and low dutch tongues , by a word that properly signifies a horseman , because they were wont to serve in war on horsback ; and were sometimes in england called radenyhts , id est , riding servitors ; yet our common law stiles them milites , because they commonly held lands in knights service to serve the king in his wars as soldiers . the honour of knighthood is commonly given for some personal desert , and therefore dies with the person deserving , and descends not to his son. in england there are several sorts of knights , whereof the chiefest are those of the order of st. george , commonly called knights of the garter . this order is esteemed the most honourable and most antient of any now in use in christendom . it began as appears in the statutes of this order in the th year of the warlike and puissant king edward , who was founder thereof , and at first made choice of the most illustrious persons of europe , to be of that royal society ( no doubt ) upon a martial , and not upon any such amorous account , as is intimated page of this treatise , which ridiculous story , to the dishonour of the order , was first fancied by polydore virgil ; and since upon his credit taken up by many late authors . it appears by antient writings that this honourable company is a colledge or corporation , having a great seal belonging to it , and consisting of a soveraign guardian ( which is alwayes the king of england ) and of companions called knights of the garter , of secular canons , that are priests , of vicars who are also priests ; of poor knights , who have no other maintenance but the allowance of this colledge , which is given them in respect of their prayers , to the honour of god and of st. george , who is the patron of england and of this order in particular ; and is none of those fabulous st. georges as some have vainly fancied ; but that famous saint and soldier of christ st. george of cappadocia , a saint so universally received in all parts of christendom , so generally attested by the ecclesiastical writers of all ages from the time of his martyrdome till this day , that no one saint in all the calendar ( except those attested by scripture ) can be better evidenced . there be also certain officers belonging to this order , as the prelate of the garter , which office is settled on the bishoprick of vvinchester . a chancellour of the garter , a register , who of later times hath been constantly the dean of vvindsor , though antiently it was otherwise . the principal king at arms called garter , whose chief function is to manage and marshal their solemnities at their installations and feasts . lastly , the usher of the garter . there are also certain orders and constitutions belonging to this society touching the solemnities in making these knights , their duties after creation , and their high priviledges , too long for this place . the colledge is seated in the castle of vvindsor , with the chappel of st. george , there erected by king edward . and the chapter house . the order of the garter is wont to be bestowed upon the most excellent and renowned persons for honour and vertue ; and with it a blew garter deckt with gold , pearl , and pretious stones , and a buckle of gold , to be worn daily on the left leg ; also at high feasts they are to wear a surcoat , a mantle , a black velvet cap , a coller of garters , and other stately and magnificent apparel . they are not to be seen abroad without their garter upon the left leg , upon pain of paying crowns to any officer of the order who shall first claim it ; onely in taking a journey a blew ribon under the boot doth suffice . upon the left shoulder , upon cloak , coat , or riding cassack in all places of assembly , when they wear not their robes , they are to wear an escutcheon of the arms of st. george , that is , a cross with a garter , and this by an order made april . that ornament and embellishment about the said escutcheon now worn , and called the star or rather the sun in its glory ; was at the same time enjoyned . the the greatest monarchs of christendome have been enrolled , and have taken it for an honour to be of this order . there have been of this order since the institution emperours , or forreign kings , besides many soveraign princes , &c. the fellows and companions of the most noble order of st. george , are at present these that follow , ranked according as they are seated in their several stalls at windsor . in the first stall on the right hand is the soveraigne of the order king charles the second , who is patron and sole disposer of the order . the stall opposite to his majesty is now void . in the other stalls on the sovereign side are thus placed these that follow : the duke of york , prince rupert , marquiss of brandenbourgh , earl of salisbury , earl of northumberland , duke of buckingham , earl of bristol , count marsin , earl of sandwich , duke of richmond , earl of strafford , th stall is void . on the other side , opposite to these afore-named , are placed in this order these that follow : prince elector palatine , prince of orenge , prince of denmark , earl of berkshire , duke of ormond , duke of newcastle , prince of tarent , duke of albemarle , earl of oxford , earl of manchester , duke of monmouth , th stall on this side also is void . the whole number of fellows of this order is not to exceed . in the next place are knights bannerets , equites vexilliferi , antiently a high honour , now obsolete ; there being at this time none of this order in england . these may bear supporters of their arms , and none under this degree . knights of the bath , so called of their bathing used before they are created . the first of this sort were made by henry th . anno . they are now commonly made at the coronation of a king or queen , or installation of 〈◊〉 prince of vvales . they wea● a scarlet ribon belt-wise they are still made with much ceremony , too long here to be described . other knights called equites aurati , from the gilt spurs usually put upon them , and knights batchelors , quasi baschevaliers , knights of lower degree : so bachelors in arts or divinity , quasi low knights or servitors in arts. these were antiently made by girding with a sword and gilt spurs , and was bestowed onely upon sword men for their military service , and was re●uted an excellent and glorious degree , and a noble reward ●or courageous persons ; but ●f late being made more common , and bestowed upon ●own men , contrary to the ●ature of the thing ( as degrees ●n the university are sometimes ●estowed upon sword men ) it ●s become of much less reputa●ion . yet amongst gown men 〈◊〉 is given only to lawyers and ●hysitians , and not to divines , ●ho may as well become that dignity , and be spiritual knights as well as spiritual lords . these are now made with no other ceremony but kneeling down , the king with a drawn sword lightly toucheth them on the shoulder , after which heretofore the king said in french sois chevalier au nom de dieu and then avances chevalier . when a knight is to suffe● death for any foul crime , hi● military girdle is first to be ungirt , his sword taken away , hi● spurs cut off with an hatchet● his gantlet pluckt off , and hi● coat of arms reversed . next amongst the lowe● nobility are esquires , so called from the french word escuyers , scutigeri , because they were wont to bear before the prince in war , or before the better sort of nobility 〈◊〉 shield , or else perhaps because they bear a coat of arms as ensigns of their descent ; and by our lawyers are called armigeri . of this title are first all vicounts eldest sons , and all vicounts and barons younger sons ; and by the common law of england all the sons of earls , marquisses , and dukes , are esquires and no more . next are the esquires of the kings body , mentioned among the officers of the kings court ; after these are reckoned knights eldest sons , and their eldest sons for ever ; then younger sons of the elder sons of barons ; next esquires created by the king by putting about their necks a collar of esses , and bestowing on them a pair of silver spurs . lastly , any that are in superiour publick office for king or state , are reputed esquires , or equal to esquires , as justices of the peace , mayors of towns , so councellours at law , batchelors of divinity , law , or physick , although none of them really are so . in the last place , among th● lower nobility are accounted the gentry of england , that have no other title , but are descended of antient families that have alwayes born a coa● of arms. this kind of honour is derived from the germans to the rest of christendome , and was never known in any countrey where the german customs were unknown , as in asia , africa , and america . the germans antiently warring oft amongst themselves , painted their scutcheons with the picture of some beast , bird , or other thing for distinction , and put some eminent and visible mark upon the crest of their helmets , and this ornament both of arms and crest descended by inheritance to their children , to the eldest pure , and to the rest with some note of distinction , such as the old master of ceremonies , in high dutch here-alt , now herald thought fit . gentlemen well descended and well qualified , have alwayes been of such repute in england , that none of the higher nobility , no nor the king himself , have thought it unfitting to make them sometimes their companions . the title of gentleman in england ( as of cavalier in france , italy , and spain ) is not disdained by any nobleman . all noblemen are gentlemen , though all gentlemen are not noblemen . the state of gentry was antiently such , that it was accounted an abasing of gentry to put their sons to get their living by shop-keeping , and our law did account it a disparagement of a ward in chivalry to be married to a shop-keepers daughter , or to any meer citizen ; for tradesmen in all ages and nations have been reputed ignoble , in regard of the doubleness of their tongue , without which they cannot grow rich ( for nihil proficiunt nisi admodum mentiuntur , as tully observed ) and therefore amongst the thebans no man was admitted to places of honour or trust , unless he had left off trading ten years before : so by the imperial laws a tradesman is not capable of any honourable estate , nor to be a commander over souldiers ; and therefore the english nobility and gentry till within late years , judged it a stain and diminution to the honour and dignity of their families , to seek their childrens support by shop-keeping , but only ( as in all great monarchies ) by military , court , state , or church emploiments , much less to subject their children to an apprentisage , a perfect servitude ; for during that time , whatever they gain by their masters trade or their own wit , belongs all to their master , neither can they lie our of their masters house , no● take a wife , nor trade of their own , but subject to all houshold work , all commands o● their master , undergo what punishment , and eat and wear what their master pleaseth ; which marks of slavery considered , heralds are of opinion that a gentleman thereby loses his gentility for ever , till he can otherwise recover it ; and yet to the shame of our nation we have seen of fare not onely the sons of baroners , knights , and gentlemen , sitting in shops , and sometimes of pedling trades , far more fit for women and their daughters , but also an earl of this kingdom subjecting his son to an apprentisage and trade ; but the folly of the english in swerving from their ancestors steps herein ( as in other things ) is now apparent , for those young gentlemen possessing more noble and active spirits , could not brook such dull slavish lives , and being thereby unfitted for other emploiments , have generally taken ill debauched courses . priviledges . the lower nobility of england have fewer and lesse priviledges than those in other monarchies . some few priviledges belong to knights , quatenus knights . 〈◊〉 a knight be a minor , yet shall he be out of wardship both for lands , body , and marriage ; for though the law doth judge him not able to do knights service till the age of years , yet the king being sovereign and supreme judge of chivalry , by dubbing him knight , doth thereby allow him to be able to do him knights service . knights are excused from attendance at court-leets . they and their eldest sons not compellable to find pledges at the visus franci plegii . knights by magna charta cap. . are so freed , that no demesne cart of theirs may be taken . the son and brother of a knight , by statute law , are capacitated to hold more than one beenfice with cure of souls . by the stat. primo jacobi it seems that knights and their sons ( though they cannot spend l. per annum , nor are worth l. may keep greyhounds , setting dogs , or nets to take pheasants or partridges . some priviledges also be●ong to gentlemen . antient●y if an ignoble person did ●trike a gentleman in england , he was to lose his hand . a gentleman by stat. quint. eliz. may not be com●elled to serve in husbandry . the child of a gentleman ●rought up to singing , cannot ●e taken without the parents ●nd friends consent , to serve ●n the kings chappel , as others may . the horse of a gentleman , may not be taken to ride post . note , that as there are som● great officers of the crown● who for their dignity an● worth of their places ; although they are not noble men , yet take place among● the highest of the higher nobility ; so there are some persons who for their dignities in the church-degrees i● the university offices , in th● state or army , although th● are neither knights nor gentlemen born , yet take place amongst them . so all dean● archdeacons , chancellours prebends , doctors of divinity , law , and physick heads of houses in the university , usually take place nex● to knights , and before all esquires and gentlemen . likewise all judges of courts , mayors , bailiffs , justices of the peace . all commissionated officers in the army , as colonels , master of artillery , quarter-master general , &c. all higher officers in the kings court or state. all sergeants at law , &c. these are wont to precede esquires . all batchelors of divinity , law , and physick , all doctors in the arts , commonly called masters of art , all barresters in the innes of court , all captains , officers in the kings houshold , &c. may equal , if not precede , gentlemen , that have none of those qualifications . in england gentry ( as in germany all nobility ) and arms are held in gavelkind , descending to all the sons alike , only the eldest son beareth arms without difference , which the younger may not . of the low nobility in england the number is so great , that there are reckoned at present above baronets more than the first intended number ; that is in all above , who are possest one with another of about l. a year in lands . of knights above , who one with another may have about l. lands a year . of esquires and gentlemen above , each one possest one with another of about l. a year in lands , besides younger brothers , whose number may amount to about in all england , who have small estates in lands , but are commonly bred up to divinity , law , physick , to court , and military emploiments , but of late too many of them to shop-keeping . the lands in the possession of the lower nobility will amount to about four millions and sixty thousand pounds yearly . next to the lower nobility and the first degree of the commons or plebeans are the freeholders in england , commonly called yeomen from the high dutch gemen or gemain , in english common , so in the kings court it signifieth an officer , which is in a middle place between a sergeant and a groom , or else from the low dutch yeman , some-body , as the spaniard calls a gentleman hidalgo , hijo d' algo , that is , the son of some-body . the yeomanry of england having lands of their own to a good value , and living upon husbandry , are lookt upon as not apt to commit or omit any thing that may endanger their estates and credits , nor apt to be corrupted or suborned , &c. wherefore they are judged fit to bear some offices , as of constable , churchwarden , to serve upon juries , to be train-souldiers , to vote in the election of knights of the shire for parliament , &c. in cases and causes the law of england hath conceived a better opinion of the yeomanry that occupy lands , then of tradesmen , artificers , or labourers . husbandry hath in no age rendred a gentleman ignoble nor uncapable of places of honour . amongst the romans some of the greatest dictators and consuls had been once husbandmen , and some of them taken from plowing their ground , to bear those highest offices and dignities ; so divers princes , kings , and emperours , have exercised agriculture , and the grand scip●o and the emperour dioclesian left their commands to enjoy husbandry . by the statutes of england certain immunities are given to freeholders and landed men , though they are not gentlemen : vide stat. jacobi , cap. . & alibi . of the free-holders in england there are more in number and richer than in any countrey of the like extent in europe , or l. a year a piece is very ordinary , and l. a year in some counties is not rare . besides these freeholders ( which are so called , because they hold lands or tenements inheritable by a perpetual right to them and their heirs for ever ) there are in england a very great number of copyholders , who hold lands within some mannors only by copy of court roll of the said mannour , &c. & have jus perpetuum & utile dominium , though not allodium & directum dominium , which none in england but the king hath . amongst the commons of england in the next place are reckoned tradesmen , amongst whom merchants of forrein trafick have for their great benefit to the publick , & for their great endowments and generous living been of best repute in england , and although the law of england look upon tradesmen and chapmen that live by buying and selling as a baser sort of people , and that a ward within age may bring his action of disparagement against his guardian for offering any such in marriage ; yet in england as well as italy to become a merchant of forreign commerce , without serving any apprentisage , hath been allowed as no disparagement to a gentleman born , especially to a younger brother . amongst tradesmen in the next place are whole-sale-men ; then retailers , lastly mechanicks or handy-crafts-men . these are all capable of bearing some sway or office in cities and towns corporate . the lowest member , the feet of the body politique , are the day-labourers ; who by their large wages given them , and the cheapness of all necessaries , enjoy better dwellings , diet , and apparel in england , than the husbandmen do in many other countries . liberties and properties . as the clergy and nobility have certain priviledges peculiar to themselves , so they have liberties and properties common to the commonalty of england . the commons of england for hereditary fundamental liberties and properties are blest above and beyond the subjects of any monarch in the world. first , no freemen of england ought to be imprisoned or otherwise restrained , without cause shewn for which by law he ought to be so imprisoned . secondly , to him that is imprisoned , may not be denied a writ of habeas corpus , if it be desired . thirdly , if no cause of imprisonment be alledged , and the same be returned upon an habeas corpus , then the prisoner ought to be set at liberty . fourthly , no soldiers can be quartered in the house of any freeman in time of peace , without his will ; though they pay for their quarters . fifthly , every freeman hath such a full and absolute propriety in goods , that no taxes , loans , or benevolences can be imposed upon them , without their own consent by their representative in parliament . moreover , they have such an absolute power , that they can dispose of all they have how they please , even from their own children , and to them in what inequality they will ; without shewing any cause : which other nations governed by the civil law , cannot do . sixthly , no englishman may be prest or compelled , ( unless bound by his tenure ) to march forth of his county , to serve as a souldier in the wars , except in case of a forreign . enemy invading , or a rebellion at home . nor may he be sent out of the realm against his will upon any forreign employment , by way of an honourable banishment . seventhly , no freeman can be tried but by his peers , nor condemned but by the laws of the land , or by an act of parliament . eighthly , no freeman may be fined for any crime , but according to the merit of the offence , alwayes , salvo sib● contenemente suo , in such manner that he may continue and go on in his calling . briefly , if it be considered only that they are subject to no laws but what they make themselves , nor no taxes but what they impose themselves , and pray the king and lords to consent unto , their liberties and properties must be acknowledged to be transcendent , and their worldly condition most happy and blessed ; and so far above that of the subjects of any of our neighbour nations , that as all the women of europe would run into england ( the paradise of women ) if there were a bridge made over the sea : so all the men too , if there were but an act for a general naturalizati-of all aliens . of the women , children , and servants of england . touching the women of england there are divers things considerable in the english laws and customs , women in england with all their moveable goods , so soon as they are married , are wholly in potestate viri , at the will and disposition of the husband . if any goods or chattels be given to feme covert to a married woman , they all immediately become her husbands . she cannot let , set , sell , give away , or alienate any thing , without her husbands consent . her very necessary apparel by the law is not hers in property . if she hath any tenure at all , it is in capite , that is , she holds it of and by her husband , who is caput mulieris ; and therefore the law saith uxor fulget radiis mariti . all the chattels personal the wife had at the marriage , is so much her husbands , that after his death they shall not return to the wife , but go to the executor or administrator of the husband , as his other goods and chattels , except only her parapherna , which are her necessary apparel , which with the consent of her husband she may devise by will ; not otherwise by our law ; because the property and possession even of the parapherna are in him . the wife can make no contract without her husbands consent , and in law matters sine viro respondere non potest . the law of england supposeth a wife to be in so much subjection and obedience to her husband , as to have no will at all of her own : wherefore if a man and his wife commit a felony together , the wife by the law can be neither principal nor accessory , the law supposing that in regard of the subjection and obedience she owes to her husband , she was necessitated thereunto . the law of england supposes in the husband a power over his wife , as over his child or servant , to correct her when she offends ; and therefore he must answer for his wives faults , if she wrong another by her tongue or by trespass , he must make satisfaction . so the law makes it as high a crime , and allots the same punishment to a woman that shall kill her husband , as to a woman that shall kill her father or master , and that is petty treason , and to be burnt alive . so that a wife in england is de jure but the best of servants , having nothing her own in a more proper sense than a child hath , whom his father suffers to call many things his own , yet can dispose of nothing . the woman upon marriage loseth not onely the power over her person and her will , and the property of her goods , but her very name ; for ever after she useth her husbands surname , and her own is wholly laid aside ; which is not observed in france and other countries , where the wife subscribes her self by her paternal name ; as if susanna the daughter of r. clifford be married to e. chamberlayn , she writes her self susanna clifford chamberlayn . notwithstanding all which , their condition de facto is the best in the world ; for such is the good nature of englishmen towards their wives , such is their tenderness and respect , giving them the uppermost place at table and elsewhere , the right hand every where , and putting them upon no drudgery and hardship ; that if there were a bridge over into england as aforesaid , it is thought all the women in europe would run thither . besides in some things the laws of england are above other nations so favourable to that sex , as if the women had voted at the making of them . if a wife bring forth a child during her husbands absence , though it be for some years within england , and not beyond the seas , that husband must father that child . if a wife bring forth a child begotten by any other before marriage , yet the present husband must own the child , and that child shall be his heir at law. the wife after her husbands death may challenge the third part of his yearly rents of lands during her life , and within the city of london a third part of all her husbands moveables for ever . as the wife doth participate of her husband name , so likewise of his condition . if he be a duke , she is a dutchess ; if he be a night , she is a lady ; if he be an alien made a denison , she is ipso facto so too . if a freeman marry a bondwoman , she is also free during the coverture ; wherefore it is said as before , uocor fulget radiis mariti . all women in england are comprised under noble or ignoble . noble women are so three manner of wayes , viz. by creation , by descent , and by marriage . the king the fountain of honour , may , and oft hath created women to be baronesses , countesses , dutchesses , &c. by descent such women are noble , to whom lands holden by such dignity do descend a● heir ; for dignities and titles of honour for want of males descend to females ; but to one of them onely , because they are things in their own nature entire , and not to be divided amongst many ( as the lands and tenements are which descend to all the daughters equally ) besides by dividing dignities , the reputation of honour would be lost , and the strength of the realm impaired ; for the honour and chevalry of the realm doth chiefly consist in the nobility thereof . by marriage all women are noble , who take to their husbands any baron or peer of the realm ; but if afterwards they 〈◊〉 to men not noble , they 〈◊〉 their former dignity , and follow the condition of their la●● husband ; for eodem modo distolvitur earum nobilitas , quo constituitur . but women noble by creation , or descent , or birthright , remain noble , though they marry husbands under their degree ; for such nobility is accounted character indelebilis . here note , that by the courtesie of england a woman noble only by marriage alwayes retaineth her nobility ; but if the kings daughter marry a duke or an earl , illa semper dicitur regalis , as well by law as courtesie . noble women in the eye of the law are as peers of the realm , and are to be tried by their peers , and to enjoy most other priviledges , honour , and respect as their husbands ▪ only they cannot by the opinion of some great lawyers maintain an action upon the statute de scandalo magnatum , the makers of that statute meaning only to provide in that case for the great men , and not for the women , as the words of that statute seem to import . likewise if any of the kings servants within his check roll should conspice the death of any noblewoman , this were not felony , as it is , if like conspiracy be against a nobleman . none of the wives dignities can come by marriage to their husbands , although all their goods and chattels do ; onely the wives lands are to descend to her next heir : yet is the courtesie of england such , that as the wife for her dower hath the third part of her husbands lands during her life ; so the husband ( for the dignity of his sex , and for playing the man in begetting his wife with child , which must appear by being born alive ) shall have all his wives lands ( for his dower , if it may be so called ) during his life . by the constitutions of england married persons are so fast joyned , that they may not be wholly separated by any agreement between themselves , but only by sentence of the judge , and such separation is either a vinculo matrimonii , and that is ob praecontractum , vel ob contractum per metum effectum , vel ob frigiditatem , vel ob affinitatem sive censanguinitatem , vel ob saevitiam ; or else such separation is a mensa & thoro , and that is ob adulterium . the wife in england is accounted so much one with her husband , that she caunot be produced as a witness for or against her husband . concerning children in england . the condition of children in england , is different from those in our neighbour countries . as husbands have a more absolute authority over their wives and their estates , so fathers have a more absolute authority over their children . fathers may give all their estates from their own children , and all to any one child , and none to the rest ; the consideration whereof keeps the children in great awe . children by the common law of england are at certain ages enabled to perform certain acts. a son at the age of may choose his guardian , may claim his lands holden in socage , may consent to marriage , may by will dispose of goods and chattels . at the age of he ought to be sworn to his allegeance to the king. at he is said to be of full age , may then make any contracts , may pass not only goods but lands by will , which in other countries may not be done till the annus consistentiae , the age of , when the heat of youth is somewhat abated , and they begin to be staied in mind as well as in growth . a daughter at years is to have aid of her fathers tenants to marry her , for at those years she may consent to marriage , though she may afterwards dissent . at she is dowable , as if then or soon after she could virum sustinere , and thereby dotem promereri . at she is enabled to ratifie and confirm her former consent given to matrimony , and if at that age she dissent not , she is bound for ever ; she may then make a will of goods and chattels . at she may receive her lands into her own hands , and is then out of wardship , if she be at the death of her ancestor . at ( though at the death of her ancestor she was under ) she shall be out of wardship ; because then she may take a husband who may be able to perform knights-service as well as hers . at she is enabled to contract or alienate her lands by will or otherwise . the eldest son inherits all lands , and to the younger children are disposed goods and chattels , and commonly the eldest sons wives portion ; and besides they are carefully educated in some profession or trade ▪ if there be no son , the lands as well as goods are equally divided amongst the daughters . concerning servants in england . the condition of servants in england is much more favourable than it was in our ancestors dayes , when it was so bad , that england was called the purgatory of servants , as it was and is still the paradise of wives , and the hell for horses . ordinary servants are hired commonly for one year , at the end whereof they may be free ( giving warning moneths before ) and may place themselves with other masters ; only it is accounted discourteous and unfriendly to take another mans servant , before leave given by his former master ; and indiscreet to take a servant without a certificate of his diligence and of his faithfulness in his service to his former master . all servants are subject to be corrected by their masters and mistresses , and resistance in a servant is punisht with severe penalty ; but for a servant to take away the life of his or her master or mistris , is accounted a crime next to high treason , and called petty treason , and hath a peculiar punishment capital . slaves in england are none since christianity prevailed . a slave brought into england , is upon landing ipso facto free from slavery , but not from ordinary service . some lands in england are holden in villanage , to do some particular services to the lord of the mannor , and such tenants may be called the lords servants . there is a twofold tenure called villanage , one where the tenure only is servile , as to plow the lords ground , sow , reap , and bring home his corn , dung his land , &c. the other whereby both person and tenure is servile , and bound in all respects at the disposition of the lord ; such persons are called in law pure villans , and are to do all villanous services to improve the land he holds to the lords use , themselves to be wholly at the lords service , and whatever they get is for their lord ; of such there are now but few left in england . the nearest to this condition are apprentices ( that signifies learuers ) a sort of servants that carry the marks of pure villans or bond-slaves ( as before in the chapter of gentry is intimated ) differing however in this , that apprentices are slaves only for a time and by covenant ; the other are so at the will of their masters . finis . notes, typically marginal, from the original text notes for div a -e name . climat . dimensions . aire . soyle . com●odities . inhabitants . their language stature . dyet . attire . buildings . number of inhabitants . dispositions and humours of the inhabitants ▪ recreations . weights and measures . measures moneys . english co●●●tation . english numbring . english names . surnames● notes for div a -e name . title . arms. patrimony . dominions . person . office. power and prerogative . supremacy and soveraignty . divinity . respect . notes for div a -e minor. ●capa●ty . absence . notes for div a -e ●●me . ●eroga●es . dignity . notes for div a -e eldest son. title . arms. dignity . priviledges . revenues cadets . notes for div a -e name . surname . genealogy . birth . baptisme court. education . marriage . notes for div a -e arms. notes for div a -e lord chancellour . dignity . office. oath . salary . lord treasurer ▪ oath . office. lord privy seal . dignity . admiral . office. chamberlain . constable . earl marshal . high steward . notes for div a -e clergy their dignity . name . degrees . bishop . archbishop . suffragan bishop . dean . archdeacon . priviledges of the clergy . archbishop . canterbury . york . don . revenues of the clergy . notes for div a -e name . use . degrees . duke . marquis● earl. vicount . baron . priviledges . precedence . state. marquiss earl. vicount . baron . notes for div a -e number . revenue . notes for div a -e baronets . knights . knights of the garter . knights bannerets . knights of the bath . knights bachelors . gentleman . his majesties most gracious speech to both houses of parliament. november th . william iii, king of england, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). b wing w estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. b ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) his majesties most gracious speech to both houses of parliament. november th . william iii, king of england, - . england and wales. parliament. england and wales. sovereign ( - : william and mary) sheet ([ ] p.) by the heirs and successors of andrew anderson, printer to their most excellent majesties, re-printed at edinburgh : anno dom. . caption title. royal arms at head of text. reproduction of the original in the national library of scotland. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng grand alliance, war of the, - -- early works to . great britain -- politics and government -- - -- early works to . broadsides -- scotland -- th century. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - elspeth healey sampled and proofread - spi global rekeyed and resubmitted - john pas sampled and proofread - john pas text and markup reviewed and edited - pfs batch review (qc) and xml conversion his majesties most gracious speech to both hovses of parliament . november th . . my lords and gentlemen , i am glad to meet you here , when i can say , our affairs are in a better posture both by sea and land , than when we parted last . the enemy has not been in a condition to oppose our fleet in these seas , and our sending so great a force into the mediterranean , has disappointed their designs , and leaves us a prospect of further success . with respect to the war by land , i think i may say , that this year a stop has been put to the progress of the french arms. gentlemen of the house of commons , i have had so much experience of your good affection to me , and of your zeal for the publick , that i cannot doubt of your assistance at this time , i do therefore earnestly recommend to you , to provide such supplies , as may enable me to prosecute the war with vigour ; which is the only means to procure peace to christendom , with the safety and honour of england . i must likewise put you in mind , that the act of tunnage and poundage expires at christmas ; and i hope you will think fit to continue that revenue to the crown , which is the more necessary at this time , in regard the several branches of the revenue are under great anticipations , for extraordinary expences of the war , and subject to many demands upon other accounts . i cannot but mention to you again , the debt for the transport ships imployed in the reducing of ireland , which is a case of compassion , and deserves relief . my lords and gentlemen , i should be glad you would take unto your consideration the preparing some good bill for the encouragement of our seamen . you cannot but be sensible , how much a law of this nature would tend to the advancement of trade , and of the naval , strength of tht kingdom , which is our great interest , and ought to be our principal care. re-printed at edinburgh , by the heirs and successors of andrew anderson , printer to their mos ; t excellent majesties , anno dom. . [a proclamation declaring our purpose] england and wales. sovereign ( - : charles i) this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing c ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing c estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) [a proclamation declaring our purpose] england and wales. sovereign ( - : charles i) charles i, king of england, - . broadside. by robert barker ... and by the assignes of john bill, imprinted at york : . bracketed title information suggested by wing. "given at our court at beverley the eighth day of july, in the eighteenth yeer of our reign. ." imperfect: original printed as a broadside in two sheets; first sheet lacking. best copy available for photographing. reproduction of original in the bodleian library. eng great britain -- history -- civil war, - . great britain -- politics and government -- - . a r (wing c ). civilwar no [a proclamation declaring our purpose] england and wales. sovereign c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion 〈…〉 whereupon , we being very sensible of this extream dishonour to vs , that a town of such importance , and so neer to the place of our present residence , should be thus fortified , kept , and maintained against vs , that the port and passage by sea should be defended against vs by our own ships , under the conduct of the earl of warwick , who being legally discharged by vs of his employment at sea , by our revocation of the commission formerly granted by vs to the earl of northumberland , and by our command signified unto him under our own hand , to deliver the commmand of our ships into the hands of another person named by vs , hath , notwithstanding our said commands ( to which the earl of northumberland paid a dutifull obedience ) presumed not only to dispossesse vs of our said navie , but to employ it against vs , and to take prisoners such of our captains as expressed a loyalty to vs according to their oaths , and the duty of subjects ; and that a ship of ours lately imployed for our particular service into holland , and returning from thence with some of our proper goods , hath been chased by them as an enemie , and inforced , for her safetie , to put into a small creek within six miles of that town , and there to run on ground , to the great hazard of our said vessell ; and that both our ship and goods there were yet remaining in danger to be surprized by our own subjects , we took a journey on wednesday the sixth of this moneth from york towards the said creek , to take a view of our said ship and goods thus exposed to danger ; we having just cause to fear that sir john hotham , and others of his confederacie , would ( for our good , and the good of the kingdom ) make prize of these also ; and by the oportunitie of that journey , we our selves are now fully informed of the certaintie of those things , which we had before received but from the relation of others ; and there received a lamentable petition of our subjects of those parts , complaining of the unheard of insolence and barbarisme of sir john hotham , and desiring our just and necessary protection of them from those cruell oppressions . vpon all which considerations , that we may at length , after this long patience , do that right to our honour , our crown , and royall dignitie , and to our good subjects in generall , and those of and near to our town of hull in particular , which we had reason to have expected from our two houses of parliament ; but have failed of the fruit of our long expectation , by the malice of some ill-affected spirits amongst them , who studie nothing more then by false pretences to amuse and abuse our good people , we have taken this resolution , by gods blessing , and the assistance of our good subjects , to force sir john hotham and all that shall take part with him in the unjust and treasonable defence of the town of hull against vs , to that obedience which is due by subjects to their liege lord and soveraign , and to resist the assistance intended to sir john hotham from our said county of lincoln and other places adjoyning , if they shall attempt it . and to this purpose we will and require all our loving subjects to yeeld their best assistance of what kinde soever , to so necessary a defence of our person , and just vindication of so great an injury offered unto vs , to the dishonour of this nation . and we do declare , that whosoever shall give vs their cheerfull help at this time , and to this purpose , either with men , horse , arms , or money , to be brought , sent , or conveyed unto vs , we shall look upon it as a service never to be forgotten . and this we publish to all our subjects , and to all the world , that they may truly understand the cleering of our intentions herein , as we shall do in all other things concerning our government ; and that we do and ever shall maintain those resolutions we have professed so often , and so seriously by our former declarations ; that we will continue and defend the true protestant religion as it is by law established in the church of england , the laws of the land , the rights and just liberties of our subjects , equally to and with our own just prerogative , and the true priviledges of parliament , and never infringe any act consented to by vs this parliament : and that we have not , nor ever had the least thought of making war upon our two houses of parliament , as hath been slanderously and maliciously published . and these things , not our words onely , but all our actions shall make good . and in this resolution and the just observation thereof we shall both live and dye . given at our court at beverley the eighth day of july , in the eighteenth yeer of our reign . . ¶ imprinted at york by robert barker , printer to the kings most excellent majestie : and by the assignes of john bill . . a seasonable memorial in some historical notes upon the liberties of the presse and pulpit with the effects of popular petitions, tumults, associations, impostures, and disaffected common councils : to all good subjects and true protestants. l'estrange, roger, sir, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing l estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a seasonable memorial in some historical notes upon the liberties of the presse and pulpit with the effects of popular petitions, tumults, associations, impostures, and disaffected common councils : to all good subjects and true protestants. l'estrange, roger, sir, - . [ ], , [ ] p. printed for henry brome ..., london : . attributed to roger l'estrange. cf. dnb. errata on p. [ ] at end. reproduction of original in union theological seminary library, new york. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng freedom of speech -- england. freedom of the press -- england. great britain -- politics and government -- - . - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - melanie sanders sampled and proofread - melanie sanders text and markup reviewed and edited - pfs batch review (qc) and xml conversion a seasonable memorial in some historical notes upon the liberties of the presse and pulpit : with the effects of popular petitions , tumults , associations , impostures , and disaffected common ▪ councils . to all good subjects and true protestants . london , printed for henry brome at the gun in s. pauls church-yard , , a seasonable memorial , &c. this title may perhaps give the reader an expectation , if not a curiosity to hear more then the authour is willing to tell him : for it is his intent , only to expose the mistery of the contrivance , of our late troubles , without the names of the persons ; and to shew that the great work of destroying three kingdoms was only the project , and influence of a private cabal : and that the rebellion it self was excited and carry'd on by the force , rather of an imposcure then of a confederacy ; the generality of the people , being powerfully , and artificially possess'd by the pretended patrons of our religious , and civill liberties , that popery and arbitrary power were breaking in upon us , and the design promoted by the interest of a court-faction ; it could not chuse but create in them the tenderest affection imaginable for the one party , and as violent a detestation for the other : especially considering that the person and authority of the king were as yet sacred ; and uot any man open'd his mouth , but for his honour , and safety ; the purity of the gospel , and the peace of the kingdome . for such was the reverence the nation had , at that time , for the king , and the law , that the least word against the government had spoyl'd all . this double-refining spirit came into the world , even with the reformation it self ; when by flying from one extreme to another , it left the truth in the middle ; which calvin himself rakes notice of in a letter to the protector ( in ed. . ) there are two sorts of seditious men ( says he , speaking of the papists and the puritans ) and against both these must the sword be drawn ; for they oppose the king , and god himself . it was the same spirit that mov'd the distemper afterward at frankfort ; and the same still , that made such havock in scotland ; and flew in the face of q. eliz. her parliaments and councill : till she was forced to suppress it by severity and rigour . her successor king james , after a long persecution in scotland , and a fresh attempt upon him at hampton court , by the same faction : took them up roundly , once for all , and so past the rest of his days in some measure of quiet . but the plot succeeded better under king charles ; when taking advantage of his majesties necessitys , with the infinite goodness of his nature , that made him apt to believe the best of all men , and a popular mixture in the house of commons , that was still ready for their turn , they pursu'd him with remonstra●ce upon remonstrance , through four parliaments ; and at last by the help of the act for the continuance of the parliament , tumult● , and that execrable libel of dec. . . entitled , a remonstrance of the state of the kingdome , they accomplished their ends , under ehe countenance of the fifth . by what steps , and methods they gained their poynt , comes now to be consider'd . their first advance toward a sedition , was the introducing of a schism ; by distinguishing themselves , under the name of the godly party , from the rest of the nation : which they found to be the safest way of approach , and the most plausible expedient . to this end they brought in lecturers over the heads of parochial ministers ; whose maintenance being dependent upon the faction , made them wholly at the devotion of their patrons . they had their emissaries also in all corporations , and populous parts of the kingdom , that were appointed as feoffees , to deal for impropriations , under the charitable pretext of making a better provision for the ministry . and these were men of publick business in the world , as clergy-men , lawyers , &c. well known , and made famous for their zeal , by the reputation of so pious an undertaking . by this project they advanced considerable sums of money ; but the incumbents little the better for it : for either it stuck to the feoffees fingers , or it was applyed to other uses ; and with the tithe of a parsonage in one place , a lecture was set up in another . after the choice of fit instruments ; their next work was to secure them from any trouble of church-censures : to which end , they bought some headship or other in an university , for some eminent man of their own way , for the training up of novices in their discipline . and then they had a kind of a practical seminary at st. antholines in london ; where their disciples were in a manner , upon a probation , for abilities , and affections : and out of this nursery they furnish'd most of their new-bought impropriations . these young emissaries of theirs had their salary , and were subordinate to a classis or clero-laicall consistory , to be transplanted at their pleasure . and yet this consistory did not so strictly confine themselves to their own members ; but upon letters testimonial from the patriarchs of the party , that such or such a man was fit for their turn ; or had given proof of his fidelity to the cause , by undergoing some sentence for contemning the orders of the church , and persisting obstinately in that disobedience : to such a man , ( i say ) in such a case , they commonly allow'd a preference . and the better to avoid the danger of the spiritual courts , they made it their business to provide commissaries of their own leaven , where they had any special plantation . and lastly , to make sure of their agents , that they should not fall off when they had serv'd their own turns , they kept them only as pentioners at pleasure , and liable to be turn'd out at any time , either if they cool'd in the holy cause , or fail'd of preaching according to the direction of the conclave . let it be noted here by the by , that the design and mischief of those lecturers , when they could nor so well congregate in private meetings , is , in our days , supply'd , if not outdone , by a greater number of conventicles ; to the very same intent ; and god grant it prove not with the like effect . they were as yet but upon the preparatory to the great work of their thorough reformation ; which in plain english was the dissolution of the government . so that the pulpits had nothing more to do at present , then to dispose and accommodate the humours and affections of the people . the common subject of the pulpit ( and they all sung the same song ) was first to irritate the multitude against popery : which had been well enough , if they had not , secondly , by sly insinuations , under the notion of arminianism , intimated the church of england to be leaning that way . by this artifice the people were quickly brought into a dislike of the english communion ; and by degrees into as fierce an aversion to the one church , as to the other . now whatsoever the government lost , the faction gain'd : and those pedantique levites , that brought so many dreadfull judgments upon this nation themselves ; were by the credulous , tumultuary rabble cry'd up and idolized , as the very moses's that stood in the gap to avert them . having by this means render'd the government odious , and given some credit to the schism ; their next instruction was , to make proclamation of the numbers , the quality and the sobriety of the persons aggriev'd ; to possesse the one side with a confidence , and the other with an apprehension of their strength ! thousands of souls ready to famish , ( they cry ) for want of the bread of life . how many insufficient negligent and scandalous pastors ? how many congregations destitute of able , faithfull teachers ; preaching in season and out of season , and labouring in the word ? alas ! they dare not consent to any addition to , or diminution of christs worship , or to the use of the inventions of men , in gods service . they desire only the freedom that christ and his apostles have left unto the churches ; and to serve god according to the example of the best reformed churches abroad . this is the case of thousands of the upright of the land. let it be understood , that the press all this while kept pace with the pulpit ; only now and then there started out a party upon the forelorn , to make discoveries , and try the temper of the government . some scap'd , and others were taken , and censur'd ; as leighton , burton , prin , and bastwick , who only shewed themselves inconsiderately before their friends were ready to second them . we shall see now how they changed their stile with their condition ; and how their boldness encreased with their interest . their grievances at first , were only a dark and a doubtfull prospect of popery , and popish innovations afar off ; and an anxiety of thought for the calamities that were coming upon gods people through the corruptions of the times . but success opening their eyes , they are coming now to discover more and more popery nearer hand : they find the church-men to be popishly affected ; the liturgy to be no other then an english mass-book ; the hierarchy it self and all the courts , and officers depending upon it , to be directly anti-christian : they charge his majesty to be popishly affected , and all that will not renounce him , to be either flat papists or worse , imposing protestations , covenants , engagements of confederacy against both king and church ; and oaths of abjuration : as the tests of a loyall protestant : passing an anathema upon any man that interposes betwixt their malice , and their soveraign : they prostitute the sacred function for mony ; they suck the blood of widdows and of orphans ; by violence taking possession of eighty five livings at one clap , out of ninety seaven , within the walls of london ; exposing so many reverend , and loyal divines with their families , to the wide world to beg their bread : they preach the people into murther , sacriledge , and rebellion , they pursue a most gracious prince to the scaffold ; they animate the regicides , calling that execrable villany an act of publick justice , and entitling the holy ghost to the treason . if this general recital of the rise and progress of their actings be true ; the reader has here before him the issue , and the drift of their pretended scruples , the exposition of their protestations , covenants , and designs : wherein it cannot but be observ'd how their consciences widen'd with their interests : and this may serve to satisfy any man , whither people are then a going , when they come to tread in the same steps . but however , for a further support to the credit of this memorial , we shall now subjoyn some undeniable evidences of the whole matter , out of their own words and writings : where we shall finde mr. hookers saying made good , in the preface to his ecclesiastieal polity . what other sequel ( says he ) can any wise man imagine but this ; that having first resolved that attempts for discipline without superi ours are lawfull , it will fellow in the next place to be disputed what may be attempted against superiours . but now to our proofs , which we shall give you from point to point , and from the very ●abbies of the schism . first , as to the church . gods people ( says burton ) lie under bondage of conscience in point of liturgy . dly , in bondage of conscience under ceremonies . dly . of conscience under discipline . ly . of conscience under government . how the presence and preaching of christ did scorch and blast those cathedrall priests , that unhallowed generation of scribes and phariees ! prelacy and prelaticall clergy ; priests and jesuits ; ceremonys and service-book ; star-chamber and high commission-court , were mighty impediments in the way of reformation . the scots were necessitated to take up arms for their just defence against anti-christ , and the popish priests . now to the liturgy . the service of the church of england is now so dressed , that if a pope should come and see it , he would claim it as his own . and again , what credit is this to our church , to have such a form of publique worship , as papists may without offence joyn with us in ? this we have from the sm●ymnuans themselves , e. cal. and stephen marshall being part of the club. now ( says bishop hall ) if the devil confess christ to be the son of god , shall i disclaim the truth because it passeth through a damned mouth ? and what did they give us , in exchange for this form of publique worship , but a directory without either the decalogue , or a creed in 't ? let not the pretence of peace and unity cool your fervour , or make you spare to oppose your selves unto those idle and idolized ceremonies , against which we dispute . their next fling is at the hierarchy it self . the ●lastring , or palliating of these rotten members , [ bishops ] will be a greater dishonour to the nation , and church , then their cutting off ; and the personall acts of these sons of belial being connived at , become national sins . the roman emperors wasted the saints in ten several persecutions , but all these were nothing in comparison of this destroyer . all their loyns are not so heavy as the little finger of antichrist . the prelacy of england which we swore to extirpate , was that very same fabrick and mode of ecclesiasticall regiment , that is in the antichristian world. and again ; as thy sword prelacy hath made many women childlesse , many a faithfull minister peoplelesse , so thy mother papacy , shall be made childlesse among harlots : your diocesses , bishoplesse , and your sees lordlesse . pag. . carry on the work still ; leave not a ragg that belongs to popery : lay not a bit of the lords building , with any thing that belongs to anti-christ , but away with it root and branch , head and tail , till you can say , now is christ set upon his throne . were they not english prelates that conspired to sell their brethren into romish slavery ? 't is not partial reformation , and execution of justice upon some offenders will afford us help , except those in authority extirpate all achans with babylonish garments ; and orders , ceremonies , gestures , be rooted out from amongstus . trouble they will bring upon us for the time to come , if they be not now cut off , pag. . as to the king and his party , what a sad thing is it , my brethren , to see our king in the head of an army of babylonians , refusing as it were to be called the king of england , scotland , ireland , and chusing rather to be called the king of babylon . those that made their peace with the king at oxford , were judases of england ; and it were just with god to give them their portion with judas . here follows next , their opinion of the covenant . the walls of jerico have fall'n flat before it ; the dagon of the bishops service-book brake its neck before this ark of the covenant , prelacy , and prerogative have bow'd down , and given up the ghost at its feet . take the covenant , and you take babilon : the towers of babilon , and her seaven hills shall move . — it is the shiboleth to distinguish ephramites from gileadites . pag. . not only is that covenant which god hath made wi●h us , founded upon the blood of christ , but that also which we make with god , pag. . see now the tenderness of these men of tender consciences . whensoever you shall behold the hand of god in the fall of babilon ; say , true here is a babilonish priest crying 〈◊〉 alas ! alas ! my living ; i have wife and children to maintain . ay , but all this is to perform the judgement of the lord. pag. . though as little ones they call for pity , yet as babilonish they call for justice , even to blood. pag. . we are now entring upon the state of the war ; wherein you will finde in the first place who sounded the trumpet to it . to you of the honourable house , up , for the matter belongs to you . we even all the godly ministers of the country will be with you . the first enginiers that batter'd this great wall of babilon , who were they but the poorer , and meaner sort of people , that at the first joyn'd with the ministers to raise the building of reformation ? here is an extraordinary appearance of so many ministers to encourage you in this cause , that you may see how real the godly ministry in england is unto this cause . ( this was upon calling in the scots . ) and again . if i had as many lives as i have hairs on my head , i would be willing to sacrifice all those lives for this cause . ibid. — you shall read numb . . that there were two silver trumpets ; and as there were priests appointed for the convocation of their assemblies , so there were priests to sound the silver trumpets to proclaim the war. and deut. . when the children of israel would go out to war , the sons of levi , one of the priests , was to make a speech to encourage them . nor were they less cruel and fierce in the prosecution of the war , then they were forward in promoting it . in vain shall you in your fasts with joshua , lie on your faces , unless you lay your achans ●n their backs : in vain are the high praises of god in your mo●hs , without a two edged sword in your hand , pag. . the b●od that ahab spar'd in benhadad , stuck as deep and as heavily on him , as that which he spilt in naboth . the lord is pursuing you , if you execute not vengeance on them betimes , pag. . — why should life be farther granted to them , whose very lif● brings death to all about them ? pag. . cursed be he that with-h ldoth his sword from blood ; that spares when god saith strike , &c. pag. and let it not be now pretended that this war was not levy'd against the king ; for they both disclaim his authority and even the opposing of him on expresse terms . it is lawfull ( says dr. downing of hackney , in a sermon to the artillery men ) for defence of religion , and reformation of the church , to take up arms against the king. it is commendable ( says calamy ) to sight for peace , and reformation against the kings command . and case again . why come not in the scottish army against the king ? if the devil can but once get a prophet to leave gods service for the kings , he hath taken a blew already , and is ready for as deep a black as hell can give him . pa. . but what do they say all this time to his authority ? the parliament , whom the people chuse , are the great and only conservators of the peoples liberties . pag. . they are the chief magistrates , pag. . all those that fought under the kings banner against this parliament , fought themselves into slavery ; and did endeavour by all bloudy and treacherous ways to subvert religion and liberties , pag. . the lords and commons are as masters of the house . pag. . the parliament of the common-wealth of england without the king , were the supreme authority of this nation . the houses are not only requisite to the acting of this power of making laws , but coordinate with his majesty in the very power of acting . pag , . the reall sovereignty here in england was ( says baxter ) in king , lords and commons , pag. . and those that conclude that the parliament being subjects , may not take up arms against the king , and that it is rebellion to resist him , their grounds are sandy , and their superstructure false , pag. . . the next point is their animating the murther of the king . do justice to the greatest ; sauls sons are not spar'd ; no nor may agag , or benhadad , tho' themselves kings . zimri , and cozbi ( tho princes of the people ) must be pursu'd into their tents : this is the way to consecrate your selves to god. pag. . the execution of judgment is the lords word ; and they shall be cursed that do it negligently . and cursed shall they be that keep back their sword in this cause . you know the story of gods message unto ahab , for letting benhadad go upon composition , pag. . but you shall now hear the murther of his sacred majesty press'd more particularly in these words . think not to save your selves by an unrighteous saving of them , who are the lords , and the peoples known enemies , you may not imagine to obtain the favour of those against whom you will not do justice : for certainly , if you act not like gods in this particular , against men truly obnoxious to justice ; they will be like devils against you . observe that place , kings . . compared with cap. . it is said in chap. . that the king of syria came against israel , and by the mighty power of god , he and his army were overthrown , and the king was taken prisoner . now the mind of god was ( which he then discover'd only by that present providence ) that justice should have been executed upon him , but it was not . whereupon the prophet comes with ashes upon his face , and waited for the king of israel , in the way where he should return ; and as the king passed by , he cry'd unto him , thus saith the lord , because thou hast let go a man whom i appointed for destruction , therefore thy life shall go for his life . now see how the king of syria , after this , answers ahab's love : about three years after , israel and syria engaged in a new war , and the king of syria gives command unto his souldiers , that they should fight neither against small nor great , but against the king of israel . benhadads life was once in ahabs hand , and he ventur'd gods displeasure , to let him go . but see how benhadad rewards him for it ? fight neither against small nor great , but against the king of israel , honourable , and worthy . if god do not lead you to do justice upon those that have been great actors in shedding innocent blood , never think to gain their love by sparing of them ; for they will , if opportunity be ever offer'd , return again upon you . and then they will not fight against the poor , and mean ones , but against those that have been the fountain of that authority and power which have been ●mproved against them . 〈◊〉 you not sins ●now of your own , ( says another ) but will ye wrap 〈◊〉 selves up in the treachery , m●ther , blood , c●uelty , and tyranny 〈◊〉 ●thers ? p. . set some of those grand . malefactors a mourning ( that h●e caused the kingdom to mourn so many years in garments roll●d in blood ) by the execution of justice , &c. p. . tamum religio potuit suadere malorum . and we are not yet at the top on 't neither ; for to look back upon that hideous impiety , not only without remorse , but with satisfaction , is a piece of hardness , and inhumanity , till this age , and this case , perhaps unheard of . worthy patriots , ( says another of the same order ) you ; that are our rulers in this parliament , 't is often said , we live in times wherein we may be as good as we please ; wherein we enjoy in purity and plenty the ordinances of jesus christ , praised be god for this● ; even that god who hath deliver'd us from the imposition of ●relatical innovations , altar-genuflexious , and cringings , with crossings , and all that popish trash and trumpery . and truly i speak no more then i have often thought , and said , the removal of those insupportable burthens , countervails for the blood and treasure shed and spent in these late distractions : nor did i as yet ever hear of any godlymen , that dest●ed , were it possible , to purchase their friends , or many again , at so dear a rate , as with the return of these , to have those soulburthening , anti-christian yoaks re-imposed upon them . and if any such there be , i am sure that desire is no part of their godliness ; and i profess my self , in that to be none of the number . and m. baxter likewise in effect says as much , viz. that having often searched into his heart , whether he did lawfully engage in the war , or not , and whether he did lawfully encourage so many thousands to it , he tells us , that the issue of all his search was but this , that he cannot yet see that he was mistaken in the main cause , nor dares he repent of it , nor forbear doing the same , if it were to do again , in the same state of things . we might carry the aggravation yet a step farther , in a remarque or two upon his political theses , where he took as much pains in . to keep out his present majesty , as he did in the late war to drive out his royal father ; casuistically resolving upon the point then in hope and prospect ; that in that state of things , the king himself could not justifie the resuming of his government , nor his people the submitting to it . but this is enough to recommend the same persons over again , to the care of another reformation , that were so dutifull in the former ; and the government needs not doubt but they will be just as kind to his majesty as they were to his father . good god! that any thing in humane shape , that glories in the murther of his sovereign , should make a face at a ceremony ! here 's no amplyfying of the matter , no forcing of constructions , packing of presidents , or suborning of proofs ; but the doctors of the schism , cited , produc'd , and judg'd out of their own mouths : and in so clear a manner too , as to leave no place for a doubt , either of the fact , or of the designe . we could give you an account of the many good offices they did in the various revolutions of the war , and upon the pinching exigences of the state : as the promoting of petitions , tumults , protestations , oaths and covenants , of all sizes and colours : the consecrating of the rebellion by authorities of scripture ; dividing wives from their husbands , sons from their fathers , preaching away the apprentices from their masters , and setting jesus christ in the head of the sedition : the artifices of their fasts and thanksgivings ; their cajolling the city out of their bags , and the simple multitude out of their lives and duties ; the influence they had upon bringing in the scots , their faculty both of creating fears and jealousies , and of emproving them ; their miraculous discoveries of plots of their own making : their sermons were a kinde of domestique intelligence , and people went to church as to a coffee-house , to hear news and fables . we could shew you likewise how they shifted their principles with their interests , and from . to . how these mercenaries of the pulpit complied with every turn of state : but we have rak'd far enough already in this puddle , and it is high time to proceed . if a man might with a fair decorum call so direfull a tragedy a puppet-play , we should tell you that you have hitherto seen only the puppets of this pretended reformation ; and that they signified nothing of themselves , but as they were guided by the masters of the machine , from under the stage , or behinde the hanging . now we cannot better lay open this practice and confederacy , then by setting forth the admirable harmony and concert that appear'd betwixt the lay-caball , and the ecclesiastick ; agreeing in the same method , in the same steps , in the same cause , and in the same opinions : only that which was matter of policy in private , was made matter of conscience and religion in publick , first , they finde out corruptions in the government ; as matter of grievance , which they expose to the people . secondly , they petition for redress of those grievances , still asking more and more , till something is deny'd them . and then thirdly , they take the power into their own hands of relieving themselves , but with oaths and protestations , that they act only as trustees for the common good of king and kingdom . from the pretence of defending the government they proceed to the reforming of it ; which reformation proves in the end to be a final dissolution of the order both of church and state. this we shall deduce as briefly as we may . after the fatal pacification at berwick ; june . . ( upon the scotts insurrection , who kept not any one article that was there agreed upon ) the king called a parliament , that met aug. . , which at first was thought to be well enough disposed , till sir hen. vane ( then secretary of state ) demanded twelve subsidies , in stead of six , which put the commons into such a flame , that upon may . his majesty , by the advice of his council , thought fit to dissolve them . in august following , the scotch confederates ( holding very good intelligence with the english , entred england with an army , which the king oppos'd with what force he was at that time able to raise , upon his own credit . his majesty , upon this pinch , summons his great council of peers to assemble at york , sept. . where they met accordingly , and advised the king to a treaty , which was held at rippon , and a peace was there concluded and signed oct. . his majesty being ply'd in the interim with petitions to call a parliament , and his work cut out ready to his hand , in the matter of property and religion . those petitions might have been spar'd , the king having before hand resolved to call a parliament , to meet on the d of november next . they were no sooner met , but they fell upon grievances and impeachments , beginning with the earl of strafford , and the bishop of canterbury , and so proceeding , till all his majestys friends were made traytors , and the law it self was found to be the greatest grievance . there is a malignant and pernicious designe ( says the remonstrance of dec. . . ) of subverting the fundamental laws , and principles of government , upon which the religion and justice of this kingdom is firmly establish'd . and there are certain counsellors and courtiers , who for private ends have engaged themselves to further the interest of some foreign princes and states , to the prejudice of his majesty , and the state at home . take notice now , that the king had already ( by their own confession ) pass'd more good bills to the advantage of the subjects ▪ then had been in many ages . coat and conduct-money were all damn'd ; the earl of strafford beheaded . the archbishop of canterbury , judge bartlet , and several other bishops and judges impeach'd ; two bills pass'd , the one for a triennial , the other for continuance of the present parliament ; the star-chamber , high-commission , courts of the president , and council in the north taken away , the council-table regulated , the power of bishops and their courts abated ; innovators and scandalous ministers terrifi●d by accusations ; the forrests and stannary-courts brought within compass ; and yet after all this , other things pa. . of main importance for the good of this kingdom are in proposition . but their intention pag. . is only to reduce within bounds that exorbitant power which the prelates have assumed ; to unburthen mens consciences of needless and superstitious ceremonies ; suppress innovations , and take away the monuments of idolatry : to support his majesties royal estate with honour and plenty at home , with power and reputation abroad ; and by their loyall affections , obedience and service , to lay a sure and lasting foundation of the greatness and prosperity of his majesty and his royall posterity after him . pag. . declaring and protesting further to this kingdom and nation , and to the whole world , pag. . in the presence of almighty god , for the satisfaction of their consciences , and the discharge of that great trust which lies upon them , that no private passion or respect , no evill intention to his majesties person , no designe to the prejudice of his just honour and authority engaged them to raise forces , and take up arms against the authours of that war , wherein the kingdom was then inflam●d . let us see now how well they acquitted themselves as to this profession ; they put the kingdom into a posture of defence by the authority of both houses pag. . they require an● obedience to it , pag. . they vote it a breach of priviledge , not to submit to any thing , as legal which they declare to be law. pag. . and declare pag. . that upon certain appearance , or grounded suspition , the letter of the law shall be emproved against the equity of it ; and that the commander going against its equity , discharges the commanded from obedience to the letter : to shorton the business , they make it treason , upon any presence whatsoever , pag. . to assist his majesty in the war , with horse , arms , plate , or monies ; and his majesty sums up the malice of that declaration in these sixth petitions . first , that they have an absolute power of declaring the law ; and that whatsoever they declare to be so , ought not to be questioned either by king or people : so that all the right , and safety of the prince and subject , depends upon their pleasure . secondly , that no presidents can be limits to bound their proceedings ; which is so , the government of the turk himself is not so arbitrary . thirdly , that a parliament may dispose of any thing wherein the king or subject hath a right for the publick good : ( speaking all this while of the remnant of the two houses . ) that they without the king are this parliament , and judge of this publick good ; and that the kings consent is not necessary . so that the life and liberty of the subject , and all the good laws made for their security may be dispos'd of and rep●al'd by the major part of both houses , at any time , present , and by any ways and means procured so to be , and his majesty has no power to protect them . fourthly , that a member of either house ought not to be troubled or medled with , for treason , ●lony , or any other crime , without the cause first brought before them , that they may judge of the fact , and their leave obtained to proceed . fifthly , that the soveraign power resides in both houses of parliament ; the king has no negative voice , and becomes subject to their commands . lastly , that the levying of forces against the personal commands of the king ( though accompany'd with his presence ) is not levying war against the king : but to levy war against his laws and authority ( which they have power to declare and signify ) is levying war against the king ; and that treason cannot be committed against his person , otherwise then as he is intrusted with the kingdom , and discharging that trust ; and that they have a power to judge whether he dischargeth it or no. and all this still , for the maintainance of the true protestant religion , the kings just prerogatives , the laws and liberties of the land , and the priviledges of parliament , pag. . nay they will not allow the king any great officer or publick minister ; the power of treating upon war or peace , or any matter of state , conferring honours ; no not so much as the power of appointing any officer civil or military , without leave of the two houses . the scale of their wickedness , in one word , ( wherein their hireling-pulpitiers fail in as pat with them as two tallies ) was this . first , they fell upon the kings reputation ; they invaded his authority in the next place ; after that , they assaulted his person , seiz'd his revenue ; and in the conclusion , most impiously took away his sacred life : at which rate , in proportion , they treated the church , and the rest of his friends , and laid the government in confusion . for the compassing of these accursed ends , they still accommodated themselves to the matter they had to work upon . they had their plots , and false allarms for the simple , their tumults for the fearful , their covenants was a receptacle for all sorts of libertines , and malecontents . but the great difficulty was the gaining of the city : which could not be effected , but by embroyling the legal , and ancient constitution of that government . for there was no good to be done upon the imperial monarchy of england , without first confounding the subordinate monarchy of the city of london , and creating a perfect understanding betwixt the caball , and the common-council : which was very much facilitated , by casting out the loyal , and orthodox clergy , and teaching all the pulpits in london to speak the same language with margarets westminster . but let us consider the government of the city of london , first , in the due , and regular administration of it ; and then in its corruptions , and by what means it come afterwards to be debauch'd . the city of london , was long before the conquest , govern'd by port-reeves : and so down to richard the first , who granted them several priviledges in acknowledgment of the good offices they had render'd him . but the first charter they had for the choice of their own mayor , or government , was confer'd upon them by king john , in these words . know ye that we have granted to our barons ( or freemen ) of our city of london , that they may chuse unto themselves a mayor of themselves . and their following charter of henry the third runs thus . we grant also unto the said citizens , that they may yearly present to our barons of the exchequer ( we or our heirs not being at westminster ) every mayor which they shall first chuse in the city of london , to the end they may be by them admitted as mayor . in a following charter of ed. . that the mayor and sheriffs of the city aforesaid , may be chosen by the citizens of the said city ; according to the tenour of the charter of our progenitors , ( sometimes kings of england ) to that end made ; and not otherwise . the charter of hen. . runs to the mayor , commonalty and citizens of london , conjunctim . the charter of ed. . is thus . we have granted further for us and our heirs , and by this our present charter confirm'd to the mayor , and aldermen of the city aforesaid ; that if any customs in the said city hitherto obtained and used , be in any part difficult or defective , or any thing in the same newly happening , where before there was no remedy ordained , and have need of amending , the said mayor and aldermen , and their successours with the assent of the commanalty of the same city , may add and ordain a remedy meet , faithfull , and consonant to reason , for the common profit of the citizens of the same city , as oft , and at such time as to them shall be thought expedient . we have the rather cited these clauses in favour of the lawfull government of the city ; in regard that they have been so often , and so earnestly perverted another way . the charter we see , is directed to the lord mayor and aldermen of the city ; the power is granted to them , to propose the making or mending of laws , as they see occasion ; only by the affent , or dissent of the commons , they are ratifyed or hindred . and those laws are only acts of common-council , that is to say , not of the commonalty alone , but of the lord mayor , aldermen , and commons , in concurrence . some there are that mistake the word conjunctim , and would have jointly , to be equally : as if one could not have a greater interest or authority , and another a lesse , though in a joint commission . the power , in short , of summoning , and dissolving common-councils , and of putting any thing to the question , does legally reside only in the lord mayor . and the active power in the making of a law , and the negative voice in the hindering of a law , have been by long prescription and usage , in the lord mayor and aldermen . and these being customs of the city , every freeman is to support and maintain them by the obligation of his oath . and in farther proof that the lord mayor and aldermen are by their charter invested with the powers aforesaid ; we shall need only to enform our selves who they are that in case of any publick disorder , are made answerable for the misdemeanour . richard the second granted a commission to enquire of all and singular errours , defects , and misprisions in the city of london , for want of good government in the mayor , sheriffs and aldermen of the said city . and for the errours , defects , and misprisions , in their government sound , they were fin'd . marks ; the liberties of the city seiz'd into the kings lands , and a warden appointed to govern the city : till in the end , the duke of glocester prevail'd upon the king to reinstate them . we have here given you a short view of the orderly government of this glorious city ; which is perchance one of the best qualify'd establishments both for king and people , under the cope of heaven . we are now coming to lay open by what arts and contrivances it came to be corrupted ; and in a manner , to lay violent hands upon it self : which is a story that may serve some for curiosity , and others for edification . the people being extreamly discomposed in their minds upon the apprehension of popery and arbitrary power ; and shaken also in their allegiance , upon a strong impression that it was a design in their governours themselves to introduce it . it was no hard matter to inveigle them into petitions for relief , protestations , associations and covenants , for the common defence of themselves , in the preservation of their liberties and religion ; and into a favourable entertainment of any plausible pretext even for the justification of violence it self : especially the sedition coming once to be baptized gods cause , and supported by the doctrine of necessity and the unsearchable instinct and equity of the law of nature : and all this too , recommended and inculcated to them by the men of the whole world , upon whose conduct and integrity , they would venture their very souls , bodies and estates . being thus perswaded , and possess'd ; the coming in of the scots serv'd them both for a confirmation of the ground of their fears , and for an authority to follow that pattern in their proceedings ; both causes being founded upon the same bottom , and both parties united in the same conspiracy . so that this opportunity was likewise improved by all sorts of ayery phantastical plots , frivolous and childish reports , to cherish the delusion : and now was the time for tumults and out-rages upon publique ministers , and bishops , nay and upon the king himself ; till by arms and injuries they forc'd him away from his palace , when yet they had the confidence to charge his sacred majesty with making war upon his parliament . but this would not yet do their business , till they got possession of the militia ; which at length they did : the presses and the pulpits all this while giving life and credit to their proceedings . upon the tuning of mens minds for innovations , by making them sick of the present state of things ; the people were easily prevail'd upon to petition for what they so much wish'd for and desir'd : and this was the second step toward the tyranny , and slavery that ensu'd upon it . the rude people ( says his late majesty ) in his reflexions upon ( tumults ) are taught first to petition , then to protest , then to dictate , and at last to command . the faction made use of petitions as common house-breakers do of screws ; they got in by little and little , and without much noise , and so risled the government : or they did rather like the counterfeit glasiers , that took down the glasse at noonday under colour of mending the windows , and then robb'd the house . to make a right judgment upon a popular petition we should first consider the matter of it ▪ secondly , the wording of it . thirdly , the manner of promoting it . fourthly , the probable intent of it . and lastly , we should do well to consult history and experience to see what effects such petitions have commonly produced . as to the subject-matter of popular petitions , it is either for publique concernment or private ; generall or particular : that is to say concerning the whole body of the people , or only some part of it . it is either within the petitioners cognizance , and understanding , or it is not ; it varies according to the circumstances of times , occasions , and parties : and it often falls out , especially where it treats of reformation , that the one half of it is a petition , and the other a libell . the case of that is purely private , or particular , cannot properly be call'd popular ; and so not to our purpose . there are likewise mixt cases of publick and private ; as in the calamities of war , pestilence , fires , inudations and the like ; where numerous subscriptions are matter of attestation , rather then clamour ; on the behalf of such and such known , and particular sufferers . now there is a great heed to be given to the petitions of men both that understand what it is they ask , and whom the law has made competent judges of it . but where the question is , the redresse of grievances in matter of state , the complaining part of the petition makes it only a more artificiall scandall : besides the dangerous boldness of intermeddling in points which they neither have any thing to do withall , nor one jot understand . such as the petition of the rabble , in and about london , in . against episcopacy , root and branch ; the porters petition in . about the militia , being told that it was only a petition to prohibit watermen from carrying of burthens , that of the stanford school-boys , which their masters made them subscribe against bishops ; or the scottish petition in . of men women children and servants ( in those very terms ) against the service-book . these few instances may suffice to show the folly ( and worse ) of peoples stickllng for they know not what . next to the matter of the petition we should consider the wording of it : for he that asks he knows not what , may ask any thing in the world , for ought he knows . and it is not the humility of the stile , that can justify the publishing of a reproach upon the prince : did not jacob take amasa by the beard with the right hand to kiss him , and yet at the same time strike him under the fifth rib that he dy'd ? it is no breach of charity , when a multitude are drawn into a petition blindly to sollicite the interests of other men , to take all ambiguities and equivocalls in the worst sense . and then the manner of promoting these petitions goes a great way . it was a common practice in the late times , for the confiding members of several countries to draw up petitions to themselves , and lodg them in the hands of severall of their factious country-men here in the city , to gather subscriptions , where , and how they plea'd , , in the name of their respective ▪ countiee ▪ their seditious preachers ( says the late king ) and agents are by them , and their speciall and particular directions sent into the several counties to infuse fears and jealousies into the minds of our good subjects , with ●itions ready drawn by them , for the people to sign ; which were yet many times by them changed three or four times before the delivery ; upon accidents , or occurrences of either , or both houses . and when many of our poor deceived people of our severall counties have come to the city of london , with a petition so framed , altered , and signed , as aforesaid ; that petition hath been suppress'd , and a new one ready drawn hath been put into their hands , after their coming to town ( insomuch as few of the company have known what they ●tition'd for ) and hath been by them presented to one or both our houses of parliamant , as that of bedfordsh ▪ and buckinghamsh . ; witnesse those petitions ; and amongst the rest that of harfordshire ; which took notice of matter agreed on or dissented from , the night before the delivery . which was hardly time enough to get so many thousand hands , and to travel to london on that errand . these were not the petitions of the subscribers , but of those that set them on ; who did in effect , but petition the people to petition them again ; and that which was taken and imposed as the sense of the nation , was only the project and dictate of the caball . only with the porters , they thought they had sign'd a petition against the watermen , and it prov'd to be against the government ( so innocent were the greater part of the petitioners . ) now as to the intent of those petitions , since we cannot enter into the hearts of men , we are allow'd to judge of the tree by the fruit. and we must distinguish too betwixt the intention of the dictatours , and that of the subscribers : the former contriving with an ill intention that which the latter executed with a good one. let the matter of the petition be never so fair , yet ( as was said before ) if it be a business out of the petitioners sphere , and capacity , either to meddle in , or to understand ; it is a suspitious way of proceeding . such were the confederate petitions of england and scotland for a parliament in . which were but a prologue to the opening of the subsequent confederacy against the government : when the petitions that follow'd , sufficiently expounded the meaning of the former . they petition'd against ecclesiastical courts , ceremonies , scandalous ministers , bishops votes in parliament , and episcopacy it self , against evil councellors , monopolies , corruptions of state , courts of oppression and innumerable grievances ; were they not gratify'd in all this ? and did not those very concessions make them still bolder and bolder ? more and more greedy still , and more insatiable ? they must have the militia too , the command of the kings towns , and forts , and put the kingdom into a posture of defence themselves . they cry for justice upon delinquents ; the very rabble demanding the names of those in the house of peers that would not consent to the proposition made by the house of commons concerning the forts , castles , and the militia , ( when it was rejected by a major part twice . ) and declaring them for enemies to the common-wealth : loyall and legall petitions being still rejected , and the seditious countenanc'd : in a word ; they grew higher and higher ▪ till they brought the king to the block ; which was no more then a natural conclusion from such premises . and the first petition ( how plausible soever ) was the foundation of all our ruines . these petitions you must know , do not ask to obtain , but to be deny'd ; and only seek an occasion to pick a quarrel ; and if they cannot finde it , they 'l make it . if this be not provided for , they tell us , it is the case of many a thousand in england , and great troubles will come of it : the very stile of them is menacing ; and certainly nothing can be more evident then their evil intention . there 's malice in the publication of them too ; beside that by the number of the subscrip●ions ; they take an estimat of the strength of their party ; which is their safest way of muster . the last section under the head of popular petitions is the effect of them : which in our case was no less then the destruction of three kingdoms ; and let the matter be what it will , the method is a most necessary link in the chain of a rebellion . and it is the securest experiment too , of attempting a commotion , being the gentlest of political inventions , for feeling the pulse of the people . if it takes , the work is half done ; and if not , 't is but so much breath lost , and the design will be kept cold. but may not men petition ( you will say ) and petition for a good thing ? yes , if the thing be simply good , the petitioners , competent judges of it , and every man keep himself to his own post , i see no hurt in 't . but for the multitude to interpose in matters of state ; as in the calling or dissolving of parliaments ; regulation of church government ; or in other like cases , of doubtful and hazardous event , wherein they have no skill at all , nor any right of intermedling ; why may not . plow-iobbers as well subscribe a petition to the lord-mayor of london for the calling of a common-council ? or as many porters and carmen here in london put in for the better government of the herring-trade in yarmouth ? every jot as reasonable would this be as the other . and that 's not all neither , for the thing they take to be a cordial , proves many times to be a poyson : and after subscription they are yet to learn the very meaning of the petition : and then the numerous subscriptions prove it manifestly to be a combination : for the number of hands adds nothing to the weight of the petition ; and serves only for terrour and clamour . it is a kinde of an odd way of putting the question : as who should say , sir , may we be so bold ? and the sufferance or patience of the prince seems to answer them , yes , you may : and so they go on . the transition is so natural , from a popular petition to a tumult , that the one is but the hot fit of the other ; and little more in effect then a more earnest way of petitioning . by these ( says his late majesty ) must the house be purg'd , and all rotten members ( as they please to call them ) cast out . by these the obstinacy of men resolv'd to discharge their consciences must be subdu'd ; by these , all factious , seditious end schis●natical proposals of government ecclesiastical or civil ●st be back'd and abetted , till they prevail . god forbid ( says mr. pym ) that the house of commons should proceed in any way to dishearten people to obtain their j●t desires in such a way . it would fill a volume to tell the insolencies of the rabble upon l●mbeth-house upon the persons of the archbishop of york and all the loyall members of both houses ; their o●tcries for justice upon la●d and strafford , under the conduct of ven and ma●waring : their exclamations , no bishops , no popish lords ; proclaiming several of the peers by their names to be evil and r●tton-hearted lords : their besetting of sheriff garnets house , when the king din●d there , crying out , priviledges of parliament ; their a●onting the l●rd mayor ( sir richard gourny ) and tearing his chain from about his neck and using sir thomas gardiner ( the recorder ) little better ; following them with reproaches , remember the protestation . nay the king himself had his coach stopt , and walkers seditious libel , to your tents o israel , thrown into it in the street . this was upon the dispute about the five members , when at their return from westminster they made a stand at white-hall-gate , bauling out , that they would have no more porters lodge , but speak with the king when they pleas'd . about a hundred lighters and long-boats were set out by water , laden with sacres , murthering-pieces , and other ammunition , drest up with mast-cloths and streamers as ready for fight ; calling out as they past by whitehall windows , what 's become of the king ? whither 's he gone ? the tower of london and hull being both besieged at the same time . now what was the end of these tumults , but over and above the guilt and calamities of a civil war , a vengeance in the conclusion upon the heads of all the first abetters of them ? these very men that first by tumults forc'd away the king from whitehall , and their fellow-members from attending their duty at westminster , were themselves afterward cast out , by succeeding tumults , under the character of persons disaffected , ( the independents at that time being too hard for the presbyterians ) and the city too was whipt with its own rod. no man is so blinde ( says the late king ) as not to see herein the hand of divine justice ; they that by tumults , first occasioned the raising of armies , must now ●e chastened by their own army for new tumults . in fine , a tumult is a seditious action in hot bloud ; and only accounted the less criminal , for that there is not in it the malice prepence of a rebellion . if it succeeds , the principals of the faction form it into a conspiracy ; but if it miscarries , it passes only as that did in scotland , . for an outrage of the rabble . where many people agree in the desiring of the same thing , they seldom fail of engaging afterwards towards the procuring of it ; and so the project advances , from petition to protestation , or covenant ; the one leading so naturally to the other , that the late popular petition was no sooner set on foot , but it was immediately followed upon the heel with the proposall of an association , pretending the practice of . eliz. for their warrant . it would be endless to run through all the leagues , covenants , bonds , protestations , engagements , oaeths , &c. of the late times ; and as needless to set forth the histories of the miseries they brought upon us , after so many narratives and discourses already published , upon that subject : so that our business shall be rather to discover the imposture of those practises , then to dilate upon the story . all popular leagues , without the authority of the supream magistrate are to be lookt upon as conspiracies ; but when they come once to bear up in defiance of it , the case is little better then a state of actual rebellion . the pretence of the late engagements was only to assert and compass the ends of the foregoing petitions : and it was the master-piece of the faction to keep the vulgar in the dark , by disgui●ing the drift , and the scope , both of the one , and the other . it was by this following train of thoughts that the multitude in . were egg'd on into the foulest crimes , and the heaviest calamities imaginable . the lord bless us ( say they ) we are all running into the french government , and popery : the courtiers and prelates will be the undoing of us all ; the king is a good man enough of himself , if he had but good people about him ; but he 's so damnably led away by popish councells ; i would to god he would but call a parliament and harken to their advice . but why should we not press him to●t ; and ferret out all these caterpillers from about him ? 't is true , the king can do no wrong , but his ministers may : and yet the king is bound by the law. as well as we. had not we better get hands to a petition ▪ and joyn to stand by one another as one man , for the preservation of our liberties , and religion , then stand gaping with our fingers in our mouth till all is lost ? little did these people imagine all this while that death was in the pot , and that instead of the way to peace and happiness they were then in the high-road to destruction . and this they might easily enough have discover'd if they had but diligently consider●d the opinions and professions of the heads of these covenanters and subscrib●rs ; among which , there was not one man of a hundred that was not a known and a vow●d enemy both to courch and state. but they plung'd themselves like curtius , into the gulph , as devotes for the mistaken preservation of their countrey . but the delusion will better appear , by applying only common reason to the imposture it self : and first , let us consider their protestation of may , . i ▪ a. b. do in the presence of almighty god , promise , vow , and protest to maintain and defend , as far as lawfully i may , with my life , power , and estate , the true reformed protestant religion , exprest in the doctrine of the church of england , against all popery and popish innovations within this realm , contrary to the same doctrine , and according to the duty of my allegiance to his majestyes royall person , honour , and estate ; as also the power , and priviledges of parliament , the lawfull rights and liberties of the subjects , &c. now as the whole pretext was plansible , so the saving clause in it [ as far as lawfully i may ] made it go down without much seruple . the solemn league and covenant of . ( which was the bond of the confederacy of the two nations ) had the same salve in it too , and the very same specious pretences for the protestant religion , the honour of the king , the priviledges of parliament , and the liberty of the subject : only enlarged to the setting up of the scottish diseipline and government , the ex●irpation of prelacy and popery ; and the bringing of delinquents to punishment : so that from the maintaining of the government , they are now come to the dissolving of it ; and from the defence of their own rights and liberties , they are advanced to the inva●ng of other peoples . we might reflect upon a world of soloecisms , illegalities , contradictions and defects , both in the givers and takers of this protestation and covenant : as the nullity of any engagement entered into , contrary to law ; the altering of the gouernment , without the consent of his majesty in parliament ; the perjurious fraud of swearing in one sence , in opposition to the known intent of the imposer in another ; beside the inconsistence of these vows with themselves , and the contradictions they bear to one another . wherefore we shall rather detect the cheat in the thing it self , and the wonderfull rashness of the undertakers , then play the casuist upon the question . take the protestation as it runs with that qualifying clause in it [ as far as lawfully i may ] and there is hardly any thing more in it then what a man is oblig'd to do without it : so that without some mystery in the bottom , the thing appears in it self to be wholly idle and impertinent , and not answerable to the solemnity of making it a national duty . and then the imposition was in it self an usurpation of soveraign power . the covenant ( i must confess ) was ranker , having an auxiliary army of about scotts to second it . but was ever any thing in appearance more harmless , loyall or conscientious , then this protestation ? and if the fellow of it were now in agitation , how would the town ring , of any church of england-man for a disguised papist , that should refuse to take it ! and yet what ensu'd upon the peoples joyning in this officious piece of misguided zeal and duty ? when they were once in , there was no longer any regard had to the grammar or literal construction of it , but to the list of those that took it , as the discriminating test of the party ; they that contriv'd it , did like wise expound it : and every man was bound implicitly to believe that only to be lawfull , which they told him was so , without being allowed the liberty of judging of his own actions . he that looks into the records of that revolution , will finde the contributions , subscriptions , loans , levies , and briefly the highest violences of the war , the boldest attempts upon the honour and person of the king , the priviledges of parliament , and the property of the subject , to be charg'd at the soot of the account , upon the tye of the solemn league and protestation ; and every man bound , upon the forfeiture of his life , liberty , and estate , to observe it , in their sence . over and above the iniquity of these oaths , how ridiculous is it for every paltry fellow to swear to the doing of he knows not what , and the maintaining of the priviledges of parliament , which no man living understands ? we shall conclude this point , with the words of the late king [ cons●derations by way of solemn leagues and covenants , are the common road us'd in all factious and powerfull per●urbations of state or church . ] and our covenanters did but write after the copy of the holy league of france . the people being now prepar'd for any mutinous impressions , poyson'd in their affections to the government , besotted into the apprehension of remote and invisible dangers , and united in the resolution of defending their rights against all opposers ; the designe would have been there at a stand , for want of matter to work upon , if the caball had not fed , and entertain●d their fears ▪ and icalosies , with stories of plots and discoveries nearer hand , where still the parliament and the city were in the greatest hazzard . one while the northern army was coming up , and strong guards appointed upon all passes within . miles of london , and then comes a letter to the close committee , of a conspiracy to seize the earl of argile , and some other lords in edenburgh : and upon this , an order is presently issu'd out to the justices of middlesex , surry , and southwark ▪ to secure the city , by strong watches ; because ( says the order ) the mischievous designs and conspiracies lately discover'd in scotland against some principall and great men there , by some of the popish faction , gives just occasion to suspect that they may maidtain correspondency here , and practice the like mischief . they had a touch now and then at the mighty preparations of france and denmark , for the invading of the nation , and assisting the king to govern by an arbitrary power . and then the army under ground at ragland castle was a terrible thing , and miraculously discovered by an inn-keepers servant at rosse , to alderman actons coachman . these whimses were but so many approaches toward the militia ; and they are so extravagant , that the man that was upon the place , and can witness the effect of them , has hardly the face yet to make the report . upon twelth night . the city was allarm'd at mid-night with a report of horse that design'd to surprize the city . whereupon a matter of men were presently in arms , and the women at work in the streets , with joynt-stools , empty cask , and other lumber , to interrupt their passage . upon the kings making sir tho. l●ford lieutenant of the tower , the good women of the city could not sleep for fear of the guns but yet without any objection , his majesty presently puts in si● john byron . they could make no exception against him , till at last ( as my authour has it ) lieutenant hooer , the aqua-vita-man , and nieholson the chandler , enform the common-council , that since he came to 〈◊〉 lieutenant , there was nothing to do at the mint , though it was made appear that the mint had more business since this gentleman was lieutenant , then ever it had in so short a time before : but their trade being in the retail of brooms , candles , and mustard their ignorance in the other point might be the better excus'd . in aug. . upon a vote for sending propositions of peace to the king , the very next day there were papers scatter'd , and posted up and down the city ; requiring all persons well-affected to rise as one man , and come to the house of commons next morning , for that irish rebells were landed . and this was the news of the pulpits next day ; when ; ( though sunday ) a common-council was call'd late at night , and a petition there fram'd against peace . this petition was next morning recommended to the commons by penington , then mayor , with a rabble at his heels , declaring that the lords propositions for peace would be destructive to religion , laws , and liberties , and that if they had not a good answer they would be there again the next day , with double the number . we must not forget the design upon the life of mr. pim by a plague plaister , that was wrapt up in a letter and sent him , which letter he put in his pocket for evidence , though he threw away the plaister . and there was another discovery that came as wonderfully to light : a taylor in a ditch in finsbury-fields over-heard two men talking of a plot upon the life of my lord say , and some other eminent members of both houses ; and so the design never took effect . at this rate were the people gu●'d from day to day , with fresh and palpable impostures ; never was any nation certainly under such an absession of credulity , and blindness ; but as the cause was founded in hypocrisy , so it was by forgery to be supported . and yet these legendary tales stood the faction in very good stead ; by authorizing the people now and then to betake themselves to their arms , and to put themselves upon their guard ; which did , by degrees , let them into the command of the city militia ; out of which egg ( as one says ) came forth the cockatrice of rebellion . thus was poor england frighted out of a dream of dangers into cutting of throats in earnest : out of a fear of popery , into a prostitution even of christianity ; and out of an apprehension of tyranny into a most despicable state of slavery . the change of government now in agitation , had been long in project ; and no foresight wanting for the furtherance of the design . none so diligent at the military-yard , or artillery-garden , as the zelots of the faction ; and upon the vacancy of any considerable employment there , who but they to put in for the command ? nor were they less industrious to screw themselves into the bench of aldermen and common-council , insomuch that a motion was made there ( with an eye to two beggerly , and fanatical captains , ) that honest men , ( for that 's their name when they are their own godfathers ) might bear the magistracy , and the city the expence . but what did all this amount to , without a fond of mon , mony , arms , and amunition , to carry on the work ? so that their businesse was now to make sure of the city , as the only means of their supply : but that , they found could never be brought about , without a lord mayor for their turns ; or else reducing the mayor and aldermen to a level with the commons : and establishing a firm correspondence betwixt westminster , and guild-hall , the one to contrive , and the other to execute . so that this was the thing they pitch'd upon , and the manner of their proceeding was as follows . having pharisaically , and invidiously divided the people into two partys ; themselves forsooth , the godly party , and the friends of the government , the papists : a little before st. thomas's day . ( when the city chuses their common-council ) they calumniated the old common-council men , as men too much inclining to the court ; sticklers for episcopacy , and the common-prayer ; and not at all zealous for religion , ( just as we cry out against papists , and pensioners now adays ; ) by this practice , they worm'd out honest men , and chose schismaticks into their places : and instead of sir george benyon , mr. drake , mr. clark mr. gardiner ; deputy withers , mr. cartwright , and other loyall , and considerable citizens ; they took in foulk the traytor , perkins , ( my lord say's taylor , ) and others of the same stamp and value . now though the election be on st. thomas day , they are never return'd yet before the munday after twelfth ; nor allow'd to act as common-counsil men till the indentures of their election be returned from the war 〈◊〉 inquest to the town-clerk ; and a warrant issu'd from the lord may●r to the s●rjeant of the chamber to summon them . but the faction however made bold to dispence with these puntillo's , ( though the constant rule and custom of the city ) and a common-council being held december . . by the kings express order , all that gang of the new choice , thrust themselves in , and took their places with the old. this intrusion was opposed by several , but out of respect to a message from his majesty which was then brought them by the lord newbourgh , complaining of tumults about white-hall , and westminster , and recommending to the care of the city , the preventing of any further disorders : the question was let fall for the present ; and the court apply'd themselves to dispatch an answer to his majesty ; which was in effect , an acknowledgment of his gracious goodness exprest to the city ; the courts disavowing of the tumults ; their promise of doing their best for the future to prevent , or suppress them , and their humble desire that whosoever should be found guilty of them , might be brought to condign punishment . on the last of december , the house of commons under pretence of finding themselves in danger , sent to the king for a guard , but it must be a guard out of the city of london , and to be commanded by the earl of essex . to which message , his majesty offer'd them , jan : . a guard of his own appointment for their security : but this trick would not pass upon the king : so that they were forc'd to do their business another way . upon the fifth of jan. another common-council was call'd by the kings order , when his majesty was pleased , in person to acquaint the court with the reasons of his demanding the five members the day before : admonishing them not to harbour or protect those men in the city . fowke and his new brethren ( contrary to all right or president ) were got in again , and there he most audaciously affronted his majesty with a discourse of fears and jelousies , priviledges of parliament , &c. the king only replying in effect , that they were dangerous men , and that they should have a legal tryal . on the same day ( being wednesday ) the house adjourned till the tuesday following , and order'd a committee to set next morning at guildhall ; taking upon themselves little less then soveraign power . the committee met at grocers hall , where the five members met , under the guard of the city-train'd-stands , where they past such votes of priviledge as never any age heard of before , extending it even to the exempting and justifying 〈◊〉 treason it self . on saturday , jan. . upon a debate for the safe meeting of the five members at westminster the tuesday following ; the result was , that the sheriffs of london should and might raise a guard of the train'd-bands , for the defence of the king and parliament ; and that they might warrantably march out of their liberties . a rout of sea-men offering their service by water , as the other by land. this subject set all the puritan pulpits on work to inflame the people against their soveraign in favour of the five members . upon the fatall th of january , the king was forc'd to withdraw from london , which was then left at the mercy of the faction , and that very day , the indentures of the election were return'd : upon all questions about these elections , the decision was formerly in the lord mayor and court of aldermen ; but by the violence and importunity of these new intruders , it is left to a committee of the common-council , ( being the committee a so for the safety of the city ( so call'd ) : this committee was their first approach toward the militia ; and then follow'd another : for putting the city into a posture of defence , consisting of six aldermen and twelve commoners , most of them of the new cutt ; and l . per annum allow'd to skippon , as an assistant to the committee . having already modell'd the common-council to their liking they furnish themselves with all sorts of military provisions ; augment the train'd-bands , from . to . the six aldermen are made colonels , and the committee for the posture of defence , are to choose their officers ; the authority of summoning common councils is taken away from the lord mayor , and lodg'd in people of the faction ; and whensoever they 'l have one call'd , the lord major must obey , without so much as asking a reason for 't . they took away his power also of dissolving them , and kept him to his seat , till they thought fit to discharge him . and again , whereas all proposals were formerly offer'd to the court , and all questions put by the recorder from the lord-mayor ; when the faction had any thing to propound , wherein the lord mayor would neither command the recorder , nor the recorder act without the lord mayor , ven , pennington and vassel help'd them out at a dead lift , with an order from the house of commons . and finally , they brought the orderly constitution of the city-government to a levell , confounding mayor , aldermen and commons in the blending of their votes . the schismatiques have now got the riches and the strength of the city in a manner at their own disposal , for if the major part of the common-council may call , continue and dissolve the court at pleasure , put what questions they list , and determine all things by a plurality of votes , there needed little more then a pack't common-council to do their business . let us consider now the harmony betwixt the two junto's of westminster , and the city . the commons jan. . petition'd his majesty about the tower , forts , and the militia : to which his majesty returns them a refusal , jan. . in the most obliging terms imaginable , telling them , that he did not doubt , that his having granted more then ever king had granted , would ever perswade his house of commons to ask more then ever subjects had ask'd . about the beginning of feb. there was held a common-coun●ll ; which sat till one in the morning . when the cou●t was quite weary , and tir'd out , ven took that opportunity of presenting an order of the commons , desiring a return of the names of those persons whom the city intrusted with the militia of london . the court was a little surpriz'd at it ; but yet being desirous to be gone , and considering whatsoever past at one council was in course to be debated at another , sent the names of the committee for the posture of defence , in return to the houses order . by this fetch , the lord mayor , sheriffs , and court of aldermen , were understood to have voluntarily relinquished their own interest , and lodg'd the power of the militia in the committee for the posture of defence , whereof the major part was wholly at the devotion of ven , and his complices . at the next common-council , upon reading the orders of the last meeting , some of the aldermen protested against them ; as having no thought , of either shuting out the mayor , or making the committee so absolute as they found the two houses had done . whereupon it was mov'd that the houses might be petition'd to reverse the order . but that being carryed in the negative , ven produces another order for the adding of skippon to the committee for the militia , which was carry'd without much difficulty . the court of aldermen reflecting upon the indignities cast upon the mayor and government of the city , petition'd the house apart from the commons , that the mayor and sheriffs might be nominated of the committee , but to no purpose ; for they knew sir richard gourny was a person of two much honour and loyalty , to comply with their designes . after this repulse , several of the most eminent citizens , both for worth and estates , petition'd the two houses in their own names for the removall of that scandal , but there was no relief to be had ; and they were barbarously treated for their pains over and above . sir george benyon ( to his honour ) as the framer and chief promoter of that most reasonable petition , was fin'd l . disfranchiz'd in the city , never to bear office in the kingdom , to be committed for two year to colchester goal , and at the end of the term to give security for his good behaviour . methinks the bare recital of this inhumane insolence should turn the bloud of every honest citizen . this committee was now becom the masters of the militia ; they remov'd sir richard gourny , and put pennington into his place ; they make ordinances to pass for laws , and rebellion , to be a point of conscience , they persecute the orthodox clergy , oppress their fellow citizens , and the whole nation ; and where they have not credit to borrow . they make use of their power to take away , living upon the spoil , without any regard to the laws either of god or man. and to shew the world that as the faction had subverted the government of the city , so they intended to perpetuate the slavery : see as follows . vicesimo octavo , februarii . an act of the commons of england in parliament assembled , for removing obstructions in the proceedings of the common-council of the city of london . the commons of england , in parliament assembled , do enact , and ordain , and be it enacted and ordained by the authority aforesaid , that in all times to come , the lord mayor of the said city of london , so often and at such time as any . or more of the common-council-men do by writing under their hands , request or desire him thereunto , shall summon , assemble , and hold a common-council , and if at any time being so required or desired he shall fail therein , then the ten persons , or more making such request or desire , shall have power , and are hereby authorized by writing under their hand , to summon or cause to be summoned , to the said council , the members belonging thereunto , in as ample manner as the lord mayor himself usually hath done , and that the members appearing upon the same summons , being of the number of . or more , shall become a common-council . and that each officer whose duty it shall be to warn in , and summon the members of the said councill , shall perform the same from time to time upon the warrant or command of ten persons or more so authorized as aforesaid : and it is further enacted and ordained , by the authority aforesaid , that in every common-council hereafter to be assembled , the lord mayor of the said city for the time being , or in his absence , such locum tenens as he shall appoint , and in default thereof , the eldest alderman present if any be , and for want of such alderman or in case of his neglect , or refusal therein , then any other person member of the said council whom the commons present in the said council shall chuse , shall be from time to time president or chairman of the said council ; and shall cause and suffer all things offered to or proposed in the said council to be fairly and orderly debated , put to the question , voted , and determined , in and by the same council , as the major part of the members present in the said council shall desire or think ●it ; and in every vote which shall pass , and in the other proceedings of the said council , neither the lord major nor aldermen , joynt , or separate , shall have any negative or distinct voice , or vote , otherwise then with , and among , and as part of the rest of the members of the said council , and in the same manner as the other members have , and that the absence and withdrawing of the lord major , or aldermen from the said council , shall not stop or prejudice the proceedings of the said council . and that every common-council which shall be held in the city of london , shall sit vnd continue so long as the major part of the council shall think sit , and shall not be dissolved , or adjourned but by and according to the order or consent of the major part of the same council : and that all the votes and acts of the said common-council which was held january last , after the departure of the lord mayor from the same council , and also all votes and acts of every common council hereafter to be held , shall be from time to time duly registred as the votes and acts of the said council have used to be done , in time past . and be it further e●cted and ordained by the authority aforesaid , that every officer which shall sit in the said council , shall be from time to time chosen by the said council , and shall have such reasonable allowance , or salary , for his pains and service therein , as the council shall think fit : and that every such officer shall attend the said common-council , and that all acts and records and register books belonging to the said city , shall be extant , to be perused ●od ▪ searched into by every citizen of the said city , in the presence of the officer who shall have the charge of keeping thereof , who is hereby required to attend for the same purpose . hen. scobel . cler. parliament . take notice , that the vote of common-council in the act above-recited , of jan. . . when the lord mayor went off , and dismissed the court , was a treasonous vote , for the speedy bringing of the king to justice . you have here the state of the new-model'd government of the city ( and effectually of the whole nation ) together with the methods of hypocrisy and state that brought us into that miserable condition . and what were they but canting sermons , popular petitions , tumults , associations , impostures , and disaffected common-councils ? we have likewise set forth how these advantages were gain'd , with their natural tendency to the mischiefs they produc'd . and who were they that promoted and brought all these calamities upon us , but men of desperate fortunes and principles , male-contents , broken tradesmen , coblers , thimble-makers , dray-men , ostlers , and a world of this sort of people , whose names are every where up and down in the history of our late consusions ; men of ambition and interest , and agreeing in nothing else but an united disaffection both to church and state. the contrivers of all these mischiefs ( says his late majesty ) know what overtures have been made by them ; and with what importunity for offices and preferments ; what great services should have been done for us ; and what other undertakings were ( even to have sav'd the life of the earl of strafford ) if we would confer such offices upon them . and henry martin very honestly blurted it out , apox ▪ ô your snivling for religion ( says he ) we fight for liberty : and all their bawling to put other people out of employment was only to get themselves in. thus they went on till the government was made a prey to the faction ; and the deluded multitude too late made sensible of their errours . methinks the people of england , after all this experience , should be both wiser and honester , then by treading the same steps over again , to re-engage themselves in the same miseries and crimes : or if both conscience and common ▪ prudence ▪ should have quite forsaken us , the very shame , methinks of being fool'd over again the same way , should move us to bethink our selves . or if that very shame were lost too , it was so base , so scandalous a servitude ; we were slaves to the meanest of the rabble : and our masters were a greater infamy to us then our fetters ; the very ignominy cannot but work an indignation in any thing that wears the soul of an englishman . this paper and occasion will not bear the tracing of their ingratitudes and tyrannies at length ; but in short , how barbarously did they treat even their idoliz'd house of commons ; their assembly ; nay their covenanting brethren the scots ; when they follow'd them from newark even to their borders with a body of horse at their heels ? their generall , and the army that set them up : in a most eminent manner the city of london , though ( as the faction order'd it ) the very nurse and supportesse of the rebellion . his sacred majesty can never forget by what means his blessed father was murther'd ; nor the bishops forget the abuse and profanation of the pulpits even to the extirpating of the holy order ; the nobility and gentry can never forget the illusions that were put upon them under the appearancee of religion and duty , by men that were void of both ; neither certainly can the common people forget how they were conjur'd into a circle by sermons , petitions , and covenants ; whence there was no getting out again . we 'l see a little of their ingratitude now to the city of london ; and whether they far'd any better then other people . first they stript them of the militia ; then of their charter and priviliges ; they turn'd their government topsy turvy : tax'd , disarm'd , imprison'd , and plunder'd at pleasure ; took down their chaines , and posts , quarter'd souldiers upon them , garrison'd the tower , and several other places of the city ; the army marching in triumph through it , for the aggravation of their slavery ; they degraded the lord mayor reynoldson , fin'd him l . and committed him to the tower , april . . for refusing to publish the proclamation for abolishing the kingly office : they threatned to set fire to the city , and lay it in the dust , telling the mayor and aldermen , in a letter about the beginning of aug. . that they were unable to defend either the parliament or themselves ; and demanding to have the city deliver'd into their hands ; which was submitted to , upon conditions , of relinquishing the militia , and . members , delivering up the forts , and tower of london , and all magazins , and arms therein , to the army , disbanding their forces , turning out all reformades , and drawing off their guards from the parliament . in walkers hist. of independency , these particulars are to be seen at large . it is remarkable , that what other means soever were occasionally made use of , the plot was still driven on , from first to last , mainly by petitions , but none were admitted on the other side : for so soon as ever any petition appear'd that crost the factions ●nterest ; ( as in several cases from the agitators or the city of london ) there was presently a strict enquiry after the authours and abettors of them , and the design immediately crusht . they should have taken in the subscribers too , and issu'd out a commission of enquiry , whether all the marks , and subscriptions , produced in the names of so many thousand petitioners , were really the acts , and attestations of the persons so named , and what arts and menaces were made use of for their procurement . no unnecessary caution , even in our present case , to distinguish the sober , and well-meaning subscribers , from the fierce and bloody fifth-monarchy men , and other sects that hold affinity with them ; it being notoriously known , that a mark is set upon the refusers by those factions , who are the violent sticklers in this proceeding , which carries the face rather of an intended massacre , then a petition . this will seem no uncharitable construction , when i shall tell you what a noble lord said in the house of peers , dec. . . they chearfully undertook ( says he ) to serve against that army wherein they knew their own fathers were ; and on my conscience ( says he ) i speak it to their honour had they met them ▪ alone 〈◊〉 would have sacrific'd them to the commands of both houses . and now you shall see their piety expounded in another part of the same speech . they ( says he ) who think that human laws can bind the conscience ; and will examine the oaths they have taken , according to the interpretations of men , will in time fall from us : but such who religiously consider that such moral preceps are fi●ter for heathens , then for christians ; will not feint in their duty . to bring this pamphlet to a conclusion , we shall only say this further in justification of it , that it was written with a very honest intention ; that the matter of fact is partly upon certain knowledg , and partly upon the credit of very warrantable papers . the principal scope of it was , to lay open the mistery and method of the late rebellion ; and so to expose it , that the same project , and model may not be made use of for another . the end. the contents . the liberties of press and pulpit . pag. a deduction of the late troubles . p. of popular petitions . p. of tumults . p. of popular oaths and associations . p. of plots , and impostures . p. how the faction gain'd the common-council . p. errata . page . line . after covenants , reade , associations for the factious , and in 〈◊〉 , the party . ibid. l. . for government , r. governour . p. . l. . for be kept , r. keep . p. . l. . for garnets , garrets . p. . l. . for absession , r. obsession . beside other literal faults escaped in haste . notes, typically marginal, from the original text notes for div a -e the schism led the way to the sedition . emissaries in corporations seminaries of novices . their agents were upon 〈◊〉 their behaviour . their lecturers are supply'd by our conventicles . the people were poyson'd from the pulpit . the boast of their num bers . they grow upon the government . they squar their consciences to their interests . burton on psal. . . . jun. . pa. . case on ezra . , . pa. . case on isa. . . pa. . ward on deut . . pa. . dispu . against english popish ceremonies , pa. smectymnu● pa. . marshall ●efore the commons , jun. . . pag. . case of the covenant , . pa. , marsha● penegyrique . pa woodcock on gen . . pa. ● . fair●loth , on josh. . . pa. case on 〈◊〉 〈◊〉 . pa. . cala● sermon , dec. . . pa. . case on the covenant . p. . caryl● sermon at the taking the covenant oct. . . b●idges on revelations . fair ●loth on i●sh . . pag. . marshalls sermon ; june , . . pag. cal ' s speech at guild-hall . oct. . . herle jan , . on psa. . herle on gen. . . pa. . faircloth on josh. . . case on d● . . , . cal's theses pa. . case on the covenant , . herle ●efore the commons . ca●'s theses in a sermon dec. . . jenkins's petition . herles sermon before the commons , . paxters holy common-wealth . herle before the commons nov. . strickland's thanksgiving sermon , nov. . . cockayns sermon before the commons nov. . . the kings murther encouraged . 〈◊〉 〈◊〉 before the commons d●c . . jenkins ' sermon ●efore the commons sept. . pa. . the kings murther justified . baxters holy common-wea●th , . mr. baxters ▪ cases of conscience theses ● . ● . 〈◊〉 . the 〈◊〉 naticks did the faction many good offices the pulpits only sp●ke as the caball dictated . their agreement in method and d●signe . a deduction of our late troubles . exact collection pag. . pag. . exact collections . six treasonous and seditious po●ions . pag , . baits for all parties . the legal government of the city of london . the charter of the lord mayor and aldermen in what manner the people were wrought upon . the artifice of petitions . eik. ba . many petition for they know not what ▪ the manner of promoting petitions . ex. coll. . fobb'd petitions impos'd upon the nation by the faction . the intent of popular petitions is to be consider'd . consederate petitions are but the pro logue to confederate practises . never satisfy'd . ex. coll. 〈◊〉 . . the effect of popular petitions . upon what terms they may be allow'd . let every man keep to his own post . a naturall transi●ion from a popu lar petition to a tumult . eik. ba . upon tumults . e● . c●ll . . the insolences of the rabb●e upon the parliament . pag. upon ●e city . and upon the ●ing himse●f pag. . the first tumu●s punished by tumults . eik. ba . upon the distraction of the parliament army , and city . of ●aths , covenants , and associations . the leagues of subjects among themselves are conspiracies . the delusions of . the protestation . the juggle of the covenant . the protestation an oath of policy not conscience . eik. ba . imposture ; upon the peop●e . 〈◊〉 alarm the good women could not s●p for fear of the t● guns ▪ a tumu● f●r fear of a peace . mr. pyms plague plaister . a taylor discovers a plot against my lord s●y . the people impos'd upon by ridiculous stories and impostures . no foresight wanting in the faction . the faction could do nothing without the city . the practices of the faction upon the common-council . the common council impos'd upon by the faction beyond president . ex. col. . ex. col. . the king goes to the common-council , the commons adjourn , and remove into the city . the committees vote at grocers-hall . the king withdraws from london . they settle the militia . and strip the mayor of his priviledges . the fiction masters of the city . the commons pe●on about the mi●tia . ex col. . a trick put upon the lord mayor & aldermen . the government of the city aff●onted . the tyranny of this committee . how we were destroved , and by whom . ex. col. . we must be mad to engage in new troubles ▪ the factions ingratitude . the methods of our late troubles fresh in our memories . ungrateful to the city . the plot driven on principally by petitions . a way to discover counterfeits . dutyful children . a dispensation for perjury mercurius publicus: comprising the sum of forraign intelligence ...[no. ( july- july )] mercurius publicus (london, england : ) this text is an enriched version of the tcp digital transcription a of text in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a thomason e _ ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]; :e [ ]; :e [ ]; :e [ ]; :e [ ], etc) mercurius publicus: comprising the sum of forraign intelligence ...[no. ( july- july )] mercurius publicus (london, england : ) muddiman, henry, fl. - , editor. dury, giles editor. newcomb, thomas, d. or , publisher. v. began with numb. ( dec. - jan. ); ceased with numb. ( - aug. ). printed by tho. newcomb, london : title from caption. subtitle varies: , "... comprising the sum of forraign intelligence"; - , "... comprising the sum of all affairs now in agitation." by henry muddiman and giles dury. cf. nelson and seccombe. printed variously by: john macock, thomas newcomb, richard hodgkinson, d. maxwell, peter lillicrap, james cottrell. description based on: numb. . numb. ( - oct. ) is a second copy of the parliamentary intelligencer for those dates, mistakenly titled mercurius publicus. thomason collection does not have complete run. reels listed in chronological order of serial publication; holdings dispersed throughout collection. reproduction of the originals in the british library. enumeration begins again at numb. annually. no issue numbered in , no issue numbered in ; chronology is continuous. eng great britain -- politics and government -- - -- periodicals. great britain -- history -- charles ii, - -- periodicals. europe -- history -- - -- periodicals. a (thomason e _ ). civilwar no mercurius publicus: comprising the sum of forraign intelligence ... [no. ( july- july )]. anon. f the rate of defects per , words puts this text in the f category of texts with or more defects per , words. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - ali jakobson sampled and proofread - ali jakobson text and markup reviewed and edited - pfs batch review (qc) and xml conversion numb. . mercurius publicus : comprising the sum of forraign intelligence ; with the affairs now in agitation in england , scotland , and ireland . for information of the people . published by order . from thursday july . to thursday july . . thursday iuly . this day dyed that eminent servant of his majestie , iohn lord culpepper master of the rolles , and one of his majesties most honourable privy council , whose incomparable abilities and readiness at all great debates are sufficiently known to all that ever heard him or had discourse with him ; who for his loyalty , courage , and wisdom ( more particularly in the battel at edge●●il , as far as concerned this noble lord ) had the honour to be styled by his late majesty ( when he made him a peer of england ) praecipuum coronae nostrae fulcimentum . hague , july . . our letters from heydelberg intimate , that on tuesday the instant will be kept a day of prayers and thanksgivings in heydelberg , wormes , frankend●le , heylbron , and through all his electoral highnesses dominions of the palatinate , for the happy restauration of his sacred majesty of great britain . in the great church of heydelberg will be a sermon , whose text is to be taken out of the second book of samuel , the chapter , and the and verses , and he bowed the heart of all the men of judah , even as the heart of one man , so that they sent this word unto the king , return thou and all thy servants . so the king returned , and came to iordan ; and iudah came to gilgal to go to meet the king , to conduct the king over iordan . before the town-house therein , there is erected a stately fountain adorned with all sorts of fruits and flowers , from whence shall spring severall sorts of wine , the rest of the day after the sermon , is to be spent in feasting and jollity , with sounding of drums and trumpets , and at night many curious fire-works are to be performed . london . on wednesday the instant , between one and two in the morning , happened a fire in thred needle-street , between the exchange and st. bennet finck church , by the alley commonly called sweetings rents , several houses were consumed by it . it is said to have been first perceived in a wall between the cock and a scriveners house next adjoyning to it , but in which house it began we have no certain information . whitehall . his majesty in consideration of the eminent loyalty and signal services of that great warriour and faithful subject his excellency the lord general monck , hath been graciously pleased to confer these high titles of honor on him . george duke of albemarlie , earl of torington , baron monck of potheridge , beauchamp , and teyes , captain general and commander in chief of all his majesties forces in his kingdomes of england , scotland , and ireland , master of his majesties horse , knight of the most noble order of the garter , and one of his majesties most honourable privy council . and as a further addition yet to this most noble personage , give us leave to tell you of that honour which god himself hath bestowed on him , in making him the chief instrument in restoring his sacred majesty , and in his majesty peace , plenty and happiness to the three kingdomes . on friday the instant , his grace , accompanied by the duke of buckingham , and other personages of high quality , went to take his place in the house of peers . in the army you will find some alterations of officers , yet such , as that the private souldiers may rejoyce in having the nobles to govern them ; and the rest of the officers ( who by their constant adherence to his excellency , have preserv'd themselves free from the least suspition , and do still continue in command ) do now take it for an honour to go a step back to make room for such noble chieftains . whereof first that most honourable personage aubray vere earl of oxford hath the regiment that was lately col. george smithsons , his capt. lievtenant is that loyal knight , sir william blakeston . geo. smithson late colonel , is now major of the same regiment . tho. lilburn late major , now eldest captain . francis wilkinson captain . william rhoads captain . william wheatley captain . thomas fairfax formerly capt. lievtenant , now lieutenant to major smithson . for the regiment of foot that was lately col. fagg's , you have iohn viscount mordaunt col. and sir tho. woodcock lievt. col. of the same regiment , who were both brought before the same high court of iustice . henry needler late lievt. col. is now made major of the same regiment . ier. harrison late major , now eldest captain . hartgill baron captain . the lord herbert commands now as colonel that regiment that was lately col. pury's . and tho. pury late colonel , is now lievt. col. of the same regiment . tho. french late lievt. col. now major . william nest late major , now eldest captain . major general sir edward massey is now colonel of that regiment that was lately colonel geo. twisleton's . geo. twisleton late colonel , now lievt. col. of that regiment . sam. barry late lievt. col. now major . dennis taylor late major , now eldest captain . iohn gainsford captain of that company late captain sowton's . william parker captain . ant. welden captain . tho. gl●dstone captain of the company late captain thompsons . william seymor captain . iohn bowler captain of the company late captain shaftoe's . besides these officers of the army , there is major edward strange , who ( for his faithful service to his majesty , from the beginning to the end of the war ) is now made governour of hurst castle . there now stands committed to the black-rod sir iohn thoregood , who had been one of the high court of iustice ▪ which put to death that heroick lord capel , &c. and endeavoured as much for the brave earl of norwich , and sir iohn owen . sir william row of higham-hills in essex is also committed thither . so is mr. samuel moyer , unknown to no man that hath but heard of haberdashers hall , where he filled the chair and his own purse . mr. george l●ngham , a citizen of london . mr. william wiburn , as good a citizen as the former . colonel richard downes , you know whose iudge he was , and that l●●r●ed , merciful iudge , m. richard keebl● , who ( for his advantage ) in chancery knew not how to deny any thing , and in a high court of iustice how to grant any thing . and after all these , there is one bowen that belonged to st. pauls m●rk●● ( formerly a church-yard , till that worldly saint alderman titchbourn turn'd it to a market ) who not content to rail at the bishops ( who one would think have been slandered long enough ) broke out into such impudent language against the house of peers now sitting , as a man would scarce have thrown at the other house , for which and other enormities he is now honored with an imprisonment , though bowen to●d the witnesse , that for all this he hoped to see another turn , but what he means by another turn , a little time will shew . besides these mentioned under the black-rod , there are three more sent lately to the tower , particularly col. hacker , who carried a partizan and commanded the guards when our late soveraign was put to death , where this colonel was on the scaffo●d , but on thursday last was for high-treason committed to the tower . and yesterday july . colonel axtell was sent thither , who commanded the irish foot for the committee of safety , and is the most injur'd person alive if he have not kill'd forty times more in cold blood then in hot ; but how he got the lord montgarrets estate , or how that noble lord came to lose it , we need not tell you . and ( after all ) the same day was committed m. thomas scot ( not long since c●●l'd secretary scot ) who was sent prisoner out of flanders , being one of the seven excepted from pardon , a person ( in the opinion of the people of england ) not to be match'd in scotland , nor anywhere else but where he now is : and ( fo● the satisfaction of all good men ) both scotland and ireland , as the letters thence assure us , are as quite as england , and ( maugre all little inventions ) are like so to continue ▪ constantinople , may . one part of this city called galata , is lately consumed by fire , except only the covent and church of the jesuits . here is dreadfull news come from the isle of cephalonia , where by an earth-quake two territories called argustoly and paloty were destroyed , and above inhabitants miserably perished . from cashaw , june , and . the corps of the deceased prince ragotzkie was carried to oetschr the . of this instant , to which place the princess his mother ( with the court ) removed , expecting the coming of an ambassador from vienna . this princess submits her self , with the residue of the army , ammunition and provision , to the devotion of his imperial majesty . and in regard the grand seignior threatens to keep the two jurisdictions , pretending to have won them by the sword , and will not allow they should do homage to the emperour , or if they do , hee will utterly destroy them with fire and sword , ( in pursuance whereof hee hath commanded thither a considerable force ) of which advertisement being given to ours , the prince palatine , gen. susa , and the president of the chamber of hungary , are with all speed gone from experies , gen. heyster with his forces being advanced before them , and continuing their march dayly by break of day , that they may put a garrison into those two jurisdictions before the turks arrive . the castavian vice-general pethoe sigmund is likewise marched thither from tockhay the instant with hussars , but ours arrived the same day at tockhay . the palatine is in good health , gen. susa was somewhat ill-disposed , but is now fully recovered . the news of the taking of waradin doth not continue , notwithstanding it still remaineth besieged . sackmar is taken , and strengthned by barckay with turks . dantzick , june . the moscovites are totally routed about grodno by the polish general czarneckie , there being kill'd about or men . the moscovites field-marshal chowatzkie is begirt with the poles about lockwitz ; his party useth all endeavours to relieve him , but will hardly effect any thing . the tartars and cossacks make a fearfull havock in moscovie and white-russia ; so soon as th● 〈◊〉 forces come neerer those places , they 〈…〉 to put themselves under the poles 〈◊〉 bischaw , a strong fort , is by a 〈…〉 by the poles , the king himself goeth to the camp with all his nobles . here is a report , as if the lithuanian armie should have taken the town of welda , but not the castle . warcovia , july . the moscovites consisting of men advanced betwixt slonnin and miszow , where they were met by the polish generals sapicha and cznarneckie , the moscovites endeavouring to take their passage over a ditch , were attaqued with so good success on the polish side , that they were presently brought into disorder , their whole infantry consisting of above men being defeated , and their horse , which is thought to amount to the number of . being forced to retreat to the woods . the poles have taken pieces of ordnance , colours , with all the baggage and part of the ammunition , the moscovian gen. chowanzky having put fire to the rest of the powder , and himself taking his flight shamefully for vilna . it is thought he will fall into the hands of obosky , who cometh with an army out of samogitia . the polish gen. czarnecky ( after so great a victory is now gone for lockewiz , which is still besieged by moscovites , whose qu●rters he intends to beat up . from transilvania it is certified , that prince ragotzky was slain in the battel with the turks , whose mother hath delivered to the emperour the hungarian counties with the summ of rixdollers , upon which the turks are retreated . koningsbergh , june . . the elector of brandenburgh is expected here within very few daies , it being reported that he is chosen for a mediator betwixt the king of poland , and the grand duke of moscovy , who seems to be inclinable to that accommodation , though the contrary may be judged by his great preparations , being resolved to enter lithuania at the head of men : this hath caused the nobility of poland , who seemed to be ready to fall into division among themselves , to unite again more strictly then ever against the moscovites , and to ingage to his polish majesty to afford him either men to strengthen his army , or money to support it . elsenor● , june . . the swedish men of war formerly detained by vice-admiral ruyter , under the command of the canon of copenhaghen , and released since the subscribing of the treaty , are now in this harbour , where they are to remain until all the swedish forces be drawn out of zealand ▪ in the mean time the swedes are busie themselves about the demolishing of the fortifications of cronenburgh , and are transporting off all the palissado●s into the province of schonen . wismar , july . . the imperial and brandenburgish forces do keep still the places they had taken in pomerania and meckleburgh , but we hear that for certain the first have received order to remove by the ● instant , and to march into bohemia . in the mean while the swedes are making some preparations here and at stralzund , it being reported that their design is to bring the city of bremen wholly under their obedience ▪ the men of war they do keep before warnemunde , having taken a ship going to copenhaghen , in which were three deputies of the city of bostock , whom they keep prisoners . berlin , inne . . the elector of brandenburgh is to go from hence this week , for koningsbergh in prussia , to mediate a peace between poland and the grand duke of moscovy , being resolved , in case the last do refuse such reasonable propositions as shall be offered unto him , to joyn his forces to the polish army against him . hague , iuly . . the of the last moneth , m. coyet , extraordinary envoy of swedeland , made a visit to the ambassadors of denmark , who returned the same civility the next day after . the same day m. herbert , one of the deputies of the states general to his danish majesty , arrived here ; m. beverweert is gone for england , and is to be very speedily followed by the other ambassadors , who are sent to congratulate the king of england , in the name of the states , who seem to be willing to send likewise some commissioners to munster , to end the difference between that city and their bishop . the royal princess , and the prince of orange her son , are yet at harlem , where they have been sumptuously treated by the magistrate . aix , iune . . the bishops of uzez , viviers , and nismes , have each of them set out two hundred men , to hasten the demolishing of the fortifications of orange , for fear of a contrary order , they being very earnest to have the protestants deprived of that place of refuge . the number of the workmen that are imployed about the cittadel of marseille hath been likewise doubled , and the same is so forwards , that some pieces of ordnance are already mounted upon the bullworks , the edicts formerly spoken of to have been passed for this province , were about the soap , whereby that which doth cost now five livers , would have cost twenty five , and that called of the franc salle , concerning the gabell of the salt , the rarley whereof had been given to the cardinal mazarin's secretary , with power to demand the arrears of it as far as twenty years back , which would have produced a very vast sum of money . as to the business of the domaine , the originals of the grants made by the counts of provence having been demanded by the court , only those excepted that were made to the officers of the soveraign courts , and to the persons of quality , the first president would not carry them to the chamber , to avoid the rumour , but caused them to be signed by two of his confidents , and adding thereunto the names of such of the councellors as he thought to be his friends , he caused them to be registred , but he hath been since disowned by the councellors , and the greffice declared that he was compelled by force to register them . paris , iuly . . chevalier de treslon , ambassador for the king in the north , hath sent m. blerman his secretary with the articles of the treaty between swedeland and denmark , to be subscribed by his majesty . made moiselle coming from court hath staid a while at champigny . the abbot of richelieu hath complained to the assembly of the clergy against the bishop of autun , for inserting in his new history of the cardinals , something prejudicial to the reputation of his unkle the late cardinal de richelieu , in the business of m. de marillac , and of the late queen mother his benefactrix . the said bishop to prevent the desire of the assembly for taking those pieces out of his book , offered to do it of himself , saying it was a stone he had found in his way which he threw at his enemies head , but withall desired the assembly to give liberty to the historians to write the truth . we have news here that the court is to be at fontainebleau the instant , and intends to come hither by the . great hast is making to prepare all at the louver . few daies after the court is to remove to compiegn , from whence the cardinal mazarin will go to la fere with the count de fuensaldagne , there to end the difference between savoy and mantua . advertisements . there is a fair and pleasant house in acton in the county of middlesex , set about with elm trees , with gardens , orchards , and all sorts of pleasant fruits , it contains twenty fair rooms compleatly furnished , and water to every office , coach house barn stable , and a close to keep horses in , to be let f●r t●●a●m of y●a●● ( the bedding and houshold-stuff to be sold ) enquire at the golden 〈◊〉 in thred needle-street , or of g●●●man ●ib●● , who lives over against the s●id mo●se in acton , and you may be further informed . lost on tuesday night july . ● . at the swan at hockly , a bald face , brown bay h●●se , ●b●ut fourteen handful high , trots and gallops , paces a little , if any one can give notice hereof unto mr. george tru●shaw , at the pinder of wakefield 〈◊〉 gra●es-inne-lane , or unto mr. richard gilpin at the swan in hockly , they shall have twent , shillings for their pains . a 〈…〉 ●awney bound , with a white brest , a bald face , a cut tail , and a scar on his farther leg behind , was lost o● munday last the th day of july ; if any one can bring him to mr. looder a taylor , at his house in the black-friers neer the old play-house , or to mr. g●eens a cook at the queens arms in holborn , he shall be well rewarded for his pains . i● any one hath houses in london or the suburbs , to the value of . or l. per annum , or a colledge leafe of the value of . or ● l. per annum , in the counties of bucks , bedford , hampshire , or wilts , good title , which he would put to sale , if he repair to mr. samuel mearne , his ma●esties book-binder in little-britain , he shall be informed of one that will deal with him for such a purchase . whereas in some p●ints there is mention made of the manner of the reception of monsieur pelnitz , was particularized that he was conducted to audience in his majesties own coach ; we must inform the reader , that it was not his majesties coach , but the coach of the earl of manchester , lord chamberlain of his majesties houshold . advertisements of books . newly reprinted , with very large and profitable additions , via recta ad vitam longam ; a treatise wherein the right way and best manner of living for attaining to a long and healthful life , is clearly demonstrated , and punctua●ly applied to every age and constitution of body ; by tob. venn●r , doctor of physick in bathe ; with a very necessary and compendious treatise of the famous ●ath●●f b●the : also an accurate treatise concerning tobacco , by the same author . printed for abel roper at the sun against st. dunstans church in fleetstreet . the fanatick history ; or an exact relation and account of the old anabaptists , and new quakers , being the sum of all that hath been yet discovered about their most blasphemous opinions , dangerous practises , and malitious endeavours to subvert all civil government both in church and state ; together with their m●d mimick pra●ks , and their ridiculous actions and gestures , enough to amaze any sober christian , which may prove the death one burial of the ●a●atick doctrine . sold by j. siens , at the gross-keys in st. pauls church-yard . speculum patiu●● : a looking-glass of the fathers , wherein you may see each of them drawn , characterized , and displayed in their colours : to which are added the characters of some of the chief philosophers . historians , grammarians , orators , and p●ets . by edward la●kin ▪ sold by henry ev●sden as the grey-bound in st. pauls church-yard . the price s. . cromwell's bloody slaughter-house ; or his damnable designs laid and practised by him and his negro's , in contriving the murther of his sacred majesty king charles the first , discovered by a person of honor . sold by h. eversden at the grey-hound in st. pauls church-yard . the price is d. natura prodigtorum : or a discourse touching the nature of prodigies : together with the kinds causes , and effects of comets , eclipses , and earthquakes ; with an appendix touching the imposturism of the commonly-received doctrine of prophecies , spirits , images , sigils , lamen● , t●e christal , &c. and the propugners of such opinions by john g●dbury {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . sold by f. c●ssinet at the anchor and mariner in tower-street , and tho. ballet in st. dunstans church-yard in fleetstreet . davids deliverance and thanksgiving : a sermon preach't before his majesty at whitehall on the day of thanksgiving , june . . by g. shel●on , d. d. and dean of his majesties chappel royal. published by his majesties special command . sold by t. garthwait at the little north-door of st. pauls . the pens gallantry ; a copy book containing sundry . examples of all the curious hands new is use ; the second impression , with the additions of court-hand copies , exquisi●●ly performed by the author edward cocker , living on the south side of st. pauls church , where he teaches the arts of writing and arithmetick in an extraordinary manner . sold by william place in grayes-inne-gate in holb urn and thomas rooks at the holy lamb at the east end of st. pauls church-yard , london . a black ●mith , and no jesuite : or a true relation how ▪ i william houlbrook black-smith of marlborough was betrayed by cornet george ioyce , who carried the king prisoner from hol●by ▪ and of the unjust in prisoning of me , and my several examinations before bradshaw , and his bloody crew , with my answers unto all of them , as you may read in the following discourse . written in the time of my imprisonment and now put to publick view . sold by francis l●sh , next door to the pauls-head tavern at pauls-chain . london . on wednesday the instant , between one and two in the morning , happened a fire in thred-needle-street , between the exchange and st. bennet finck church , by the alley commonly called sweetings rents , several houses were consumed by it . it is said to have been first perceived in a wall between the cock and a scriveners house next adjoyning to it , but in which house it began we have no certain information . whitehall . his majesty in consideration of the eminent loyalty and signal services of that great warriour and faithful subject his excellency the lord general monck , hath been graciously pleased to confer these high titles of honor on him . george duke of albemarlie , earl of torington , baron monck of potheridge , beauchamp , and teyes , captain general and commander in chief of all his majesties forces in his kingdomes of england , scotland , and ireland , master of his majesties horse , knight of the most noble order of the garter , and one of his majesties most honourable privy council . and as a further addition yet to this most noble personage , give us leave to tell you of that honour which god himself hath bestowed on him , in making him the chief instrument in restoring his sacred majesty , and in his majesty peace , plenty and happiness to the three kingdomes . on friday the instant , his gr●ce , accompanied by the duke of buckingham , and other personages of high quality , went to take his place in the house of peers . in the army you will find some alterations of officers , yet such , as that the private souldiers may rejoyce in having the nobles to govern them ; and the rest of the officers ( who by their constant adherence to his excellency , have preserv'd themselves free from the least suspition , and do still continue in command ) do now take it for an honour to go a step back to make room for such noble chieftains . whereof first that most honourable personage aubray vere earl of oxford hath the regiment that was lately col. george smithsons , his capt. lievtenant is that loyal knight , sir william blakeston ; geo. smithson late colonel , is now major of the same regiment ; tho. lilburn late major , now eldest captain ; fran. wilkinson captain , william rhoads captain , william wheatley captain , thomas fairfax formerly capt. lievtenant , now lievtenant to major smithson . for the regiment of foot that was lately col. fagg's , you have iohn viscount mordaunt col. and sir tho. woodcock lievt. col. of the same regiment , who were both brought before the same high court of iustice ; henry needler late lievt. col. is now made major of the same regiment ; ier. harrison late 〈◊〉 , now eldest captain , hartgill baron captain . the lord herbert commands now as colonel that regiment that was lately col. pury's , and tho. pury late colonel , is now lievt. col. of the same regiment , tho. french late lievt. col. now major , william nest late major , now eldest captain . major general sir edward massey is now colonel of that regiment that was lately colonel geo. twisleton's , geo. twisleton late colonel , now lievt. col. of that regiment , sam. barry late lievt. col. now major , dennis taylor late major , now eldest captain , iohn gainssord captain of that company late captain sowton's , william parker captain , ant. welden captain , tho. gl●dstone captain of the company late captain thompsons , william seymor captain , iohn bowler captain of the company late captain shaftoe's . besides these officers of the army , there is major edward strange , who ( for his faithful service to his majesty , from the beginning to the end of the war ) is now made governour of hurst castle . there now stands committed to the black-rod sir iohn thor●good , who had been one of the high court of iustice , which put to death that heroick lord capel , &c. and endeavoured as much for the brave earl of norwich , and sir iohn owen . sir william row of higham-hills in essex is also committed thither . so is mr. samuel mayer , unknown to no man that hath but hear● of haberdashers hall , where he filled the chair and his own purse . mr. george langham , a citizen of london . mr. william wiburn , as good a citizen as the former . colonel richard downes , you know whose iudge he was , and that learned , merciful iudge , mr. richard keeble , who ( for his advantage ) in chancery knew not how to deny any thing , and in a high court of iustice how to grant ●ny thing . and after all these , there is one bowen that belonged to st. pauls market ( formerly a church-yard , till that worldly saint alderman titchbourn turn'd it to a marker ) who not content to rail at the bishops ( who one would think have been slandered long enough ) broke out into such impudent language against the house of peers now sitting , as a man would scarce have thrown at the other house , for which and other enormities he is now honored with an imprisonment , though bowen told the witnesse , that for ●ll this he hoped to see another turn , but what he means by another turn , a little time will shew . besides these mentioned under the black-rod , there are three more sent lately to the tower , particularly col. hacker , who carried a patrizan and commanded the guards when o●r late soveraign was put to death , where this colonel was on the scaffo●d , but on thursday last was for high-treason committed to the tower . and yesterday july . colonel axtell was sent thither , who commanded the irish foot for the committee of safety , and is the most injur'd person alive if he have not kill'd forty times more in cold blood then in hot ; but how he got the lord montgarrets estate , or how that noble lord came to lose it , we need not tell you . and ( after all ) the same day was committed m. thomas scot ( not long since call'd secretary scot ) who was sent prisoner out of flanders , being one of the seven excepted from pardon , a person ( in the opinion of the people of england ) not to be march'd in scotland , nor anywhere else but where he now is : and ( for the satisfaction of all good men ) both scotland and ireland , as the letters thence assure us , are as quiet as england , and ( maugre all little inventions ) are like so to continue . london , printed by john macock , and tho. newcombe , . to the kings most sacred majesty : the most faithful and unfeigned thanks and resolves of the mayor, sheriffs, aldermen, citizens and commonality of the city of norwich, in common council assembled ... norwich (england). common council. approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). b wing t a estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. b ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) to the kings most sacred majesty : the most faithful and unfeigned thanks and resolves of the mayor, sheriffs, aldermen, citizens and commonality of the city of norwich, in common council assembled ... norwich (england). common council. sheet ([ ] p.) s.n.], [s.l. : re-printed in the year, caption title. reproduction of original in: national library of scotland. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng charles -- ii, -- king of england, - . great britain -- kings and rulers -- succession -- early works to . norwich (england) -- history -- th century -- early works to . great britain -- politics and government -- - -- early works to . broadsides -- scotland -- th century. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - elspeth healey sampled and proofread - spi global rekeyed and resubmitted - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion to the kings most sacred majesty : the most faithful and unfeigned thanks and resolves of the mayor , sheriffs , aldermen , citizens , and commonality of the city of norwich , in common council assembled , at their general quarter assembly , held the d. of may , in the d . year of your majesties reign , and sealed with their common seal . first , we restore your majesty , our hearty thanks for your majesties steady resolution of maintaining the rights of the crown , and succession in their due course , and our religion , by law established , the right of your subjects , their liberties and properties , against the arbitrary proceedings of the house of commons , in their two last parliaments , and their vnlimited , and illegal imprisonments ; and their messengers exorbitant , exacting pretended fees form your loyal subjects , contrary to magna carta , and your majesties declaration , dated the eight day of april , . we also vnanimously thank your sacred majesty , for giving your last parliaments such timely dissolutions , and for your gracious and kind declaration sent after them , and not passing limitations , or nullifications of such wholesome acts , as were designed for a preservation of the reformed religion , especially the th . of queen elizabeth , as well as for not signing such others , which were prepared for your majesties subjects , to associate and destroy the succession , and extirpate monarchy , not doubting , but by your majesties great wisdom , effectual care will be taken , that those laws , now in force , may vigorously , speedily , and equally be put in execution , against all papists and protestant dissenters , whereby we hope in time , they will be all brought to their right vnderstanding , obedience , and allegiance to your majesty . and we do vnanimously resolve , that it shall be our utmost endeavours , when your majesties occasions require , to send such men for our representatives , as shall readily , and willingly supply your majesties occasions , and the defence of the kingdom by sea and land , and give discouragements to all papists , and other malicious opposers , being clearly convinced , that the conveening of parliaments to any place , managing , proroguing , and dissolving the same , is the unquestionable right of your majesty . we farther resolve , that to our utmost power we will , as in duty bound , stand by , and defend with our lives and fortunes , your majesties sacred person and government , as by law established , and the succession in the right line , and legal course of descent , against all vile attempts of all that do yet retain their old common-wealth principles , by whom your father of ever-blessed memory , was barbarously murthered , and shall always , upon all occasions , be in greatest readiness to perform the same , and glad to shew our selves , great sir , your sacred majesties most faithful , dutiful , obedient , loyal , and true hearted citizens and subjects . re-printed in the year , . by the king, a proclamation for the continuance of his maiesties farthing tokens england and wales. sovereign ( - : james i) approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a stc . estc s ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) by the king, a proclamation for the continuance of his maiesties farthing tokens england and wales. sovereign ( - : james i) james i, king of england, - . sheet ([ ] p.) by robert barker ..., imprinted at london : . caption title. "giuen at our manour of greenewich, the one and twentieth day of iune, in the twelth yeere of our reigne ..."--p. [ ]. imprint from colophon. reproduction of original in the henry e. huntington library and art gallery. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng tokens -- england. proclamations -- great britain. great britain -- history -- james i, - . great britain -- politics and government -- - . - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion honi soit qvi mal y pense royal blazon or coat of arms ❧ by the king. ❧ a proclamation for the continuance of his maiesties farthing tokens . whereas the kings most excellent maiestie for the suppressing of the manifold abuses , in passing of farthing tokens , of lead , brasse , copper , and other mettall , betweene uintners , tapsters , chandlers , bakers , and other the like tradesmen , and their customers ; did publish his proclamation , bearing date at white-hall , the nineteenth day of may , in the eleuenth yeere of his maiesties reigne , of great britaine , france and ireland , as a prouident remedie of the said abuses ; whereby his maiestie did prohibite the vttering of all farthing tokens whatsoeuer , and was pleased to giue full power , and authority , to iohn lord harrington , his executors , or assignes , to make , or cause to be made , such a competent quantity of farthing tokens of copper , as might be conueniently vsed within his realmes of england , and ireland , and dominions of wales , according to his highnesse letters patents vnder the great seale , for the sole making and vttering thereof , as by the saide proclamation , and letters patents , more at large it doth appeare . now forasmuch as his maiestie is informed , that vpon the death of the said lord harrington , the elder , and more especially vpon the death of the late lord harrington his sonne , by meanes of some false bruits spread abroad , by lewd and euill disposed persons , some doubt is made of the continuance of the force of the said proclamation , and the vse of the said farthing tokens of copper : insomuch that thereupon some not well disposed , doe either refuse to vse them , or doe continue to vtter their owne tokens , of brasse , copper , and other mettall , or matter , contrary to the true intent of his maiesties said graunt , and prohibition , and of the said proclamation , whereby the said abuses , and the licencious vse of them doth in some part stil continue ; his maiesty therfore finding how acceptable the said farthing tokens , made by the said lord harrington and his assignes , haue beene to his maiesties subiects , vnto whose hands they haue come , and especially about the citie of london , and most chiefly for the reliefe of the poore , indigent , and poorer sort of people ; hath thought fit by this his second proclamation , to publish his royall pleasure , for the continuance of the force of the said proclamation , and the confirmation of his said letters patents to the lady anne harrington widow , late wife of iohn lord harrington , the patentee deceased , and executrix of the last will , and testament of iohn lord harrington her sonne likewise deceased , and to her assignes , and for the continuance of the said farthing tokens of copper accordingly . and doeth therefore by these presents , not onely publish and declare his highnesse will and pleasure , that the said farthing tokens of copper , shall continue without any alteration of the stampe or print now vsed ; and shall , and may passe amongst his louing subiects , according to the tenour of the sayd former proclamation ; but also doeth straitly prohibite and forbid all , and euery person and persons whatsoeuer , aswell to vse or receiue any tokens whatsoeuer ( other then the farthing tokens made and vttered by the said lord harrington the patentee , or the said lord harrington his sonne , their or either of their assignes , or made , or to bee made by the said lady anne harrington her assignee or assignes , and vttered , or to bee vttered , as aforesaid ) as also to make , or counterfeit such farthing tokens of copper , or the engines or instruments , whereby they are to bee made , according to the tenour and true meaning of his maiesties said letters patents , and former proclamation in that behalfe ; willing and commanding all his louing subiects ▪ to vse their best endeauours for the finding out and apprehending of the said offenders in the premisses , who shall be well rewarded for the same , and the offenders receiue condigne punishment . giuen at our manour of greenewich , the one and twentieth day of iune , in the twelfth yeere of our reigne of great britaine , france , and ireland . god saue the king. ❧ imprinted at london by robert barker , printer to the kings most excellent maiestie . anno dom. . by the protector. a proclamation of his highness, prohibiting horse-races in england and wales for eight moneths. england and wales. lord protector ( - : o. cromwell) this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing c thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) by the protector. a proclamation of his highness, prohibiting horse-races in england and wales for eight moneths. england and wales. lord protector ( - : o. cromwell) cromwell, oliver, - . sheet ([ ] p.) printed by henry hills and john field, printers to his highness, london : . dated at end: given at his highness palace of westminster the th day of april, in the year of our lord, . annotation on thomason copy: "april. ". reproduction of the original in the british library. eng horse racing -- law and legislation -- england -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no by the protector, a proclamation of his highness, prohibiting horse-races in england and wales for eight moneths. england and wales. lord protector a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion commonwealth blazon or coat of arms olivarivs dei gra : reip : angliae , scotiae , et hiberniae , &c protector pax qvaeritur bello . ❧ by the protector . a proclamation of his highness , prohibiting horse-races in england and wales for eight moneths . although it hath pleased almighty god of his infinite mercy and goodness , to discover and disappoint from time to time the manifold , wicked , and secret plots and devices against the peace and welfare of these nations , contrived by the restless & implacable enemies of this commonwealth , yet they still make it their business and take hold of all opportunities to insinuate their principles into the mindes of those that are of sober and peaceable dispositions ; and that chiefly by the advantage of publique meetings , and the concourse of people at horse-races and other such like meetings , that they may the better carry on their pernicious ends to involve these nations in new troubles . his highness therefore , with the advice of his privy council , hath thought fit to declare his will and pleasure to be , and doth expresly charge and command , that from and after the eighth day of this instant april , one thousand six hundred fifty and eight , during the space of eight moneths from thence next ensuing , there shall be no horse-races , nor any meetings or assembling together for that purpose of any persons whatsoever , on any pretence or colour in any place or places whatsoever , within this his highness realm of england or dominion of wales . and if any person or persons of what estate , degree , quality or condition soever , shall at any time during the said space of . moneths , presume or take upon him or them to appoint any horse-race or horse-races , or assemble or meet together in any place or places by any colour or pretence whatsoever , then and in such case they are and shall be , and shall be taken and proceeded against as breakers of the publique peace , and contemners of his highness just commands herein . and his highness iustices of the peace , sheriffs , majors , bayliffs , constables , headboroughs , and ( other his highness officers and ministers of iustice , calling to their ayd and assistance ( if need require ) any officers or souldiers of his highness army quartered or lying near such place or places ) are hereby straitly charged and commanded , that immediately upon notice given unto them , or any of them , of any such horse-race , or horse-races , or appointment thereof , they do not omit but repair to those places , and seise or cause to be seised all and every such horses as shall be brought or sent to the said place or places ; and likewise to apprehend and cause to be apprehended and keep , or cause to be kept in safe custody , the bodies of all and every such person and persons , who shall so assemble and meet together , on any such pretences , or other pretence whatsoever , and bring or cause them to be brought before the lords of his highness privy council , to be examined and further proceeded against for their contempts according to the severity of law and iustice . given at his highness palace of westminster the th day of april , in the year of our lord , . london , printed by henry hills and john field , printers to his highness , . an ordinance of the lords and commons assembled in parliament, for prevention of the adiournment of the courts of iustice, without consent of both houses of parliament england and wales. parliament. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) an ordinance of the lords and commons assembled in parliament, for prevention of the adiournment of the courts of iustice, without consent of both houses of parliament england and wales. parliament. sheet ([ ] p.) for iohn wright, and are to be sold at his shop in the old baylie, imprinted at london : . dated and signed at end: die martis . april. . io. browne cler. parliament. reproduction of the original in the british library. eng england and wales. -- parliament -- early works to . great britain -- history -- civil war, - -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no an ordinance of the lords and commons assembled in parliament, for prevention of the adiournment of the courts of iustice, without consent o england and wales. parliament. c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion official insignia an ordinance of the lords and commons assembled in parliament , for prevention of the adiournment of the courts of iustice , without consent of both houses of parliament . the lords and commons taking into their serious consideration the great inconvenience that hath come to his majesties subjects by the late frequent adjournment of the courts of iustice , and by spies resorting to the cities of london and westminster under pretence thereof ; for the prevention of the same for the future , doe hereby order and ordaine , that in case any person or persons shall at any time hereafter deliver , or cause to be delivered to any of the iudges of any of his majesties courts to be held in westminster , or to any of their clerkes or servants , or to any officers of any the said respective courts , or any others , to be delivered to any the said iudges , any writ , proclamation , or other thing whatsoever , sealed with any great seale , other then the great seale of england now attending the parliament by ordinance of both houses , all and every such person and persons shall be proceeded against by law-martiall as spies ; and the lord generall is hereby desired forthwith to proceed against every such person accordingly . and it is further ordered and ordained , that none of the said iudges , nor their clerkes , servants , or any officer or officers of the respective courts aforesaid , shall presume to receive , view , or any wayes meddle with any writ or proclamation sealed with any great seale , without first acquainting the speakers of the two houses therewith , and receiving and pursuing the directions to be given thereupon from both houses of parliament , upon pain of imprisonment of their persons , sequestration of their estates , and such further punishment as shall be thought meet by both houses of parliament , and that no iudge , officer , or other person whatsoever , presume to carry , or cause to be carried , any records , writings , or other memorialls from any the courts at westminster , or other places in or about the cities of london or westminster unto the city of oxford , or other place where the kings forces are , under paine of incurring such , or the like penalties as aforesaid . die martis . april ▪ . it is this day ordered by the lords in parliament assembled , that this ordinance shall be reprinted and set up upon posts in westminster-hall and other publique places in and about the cities of london and westminster . io. browne cler. parliament . imprinted at london for iohn wright , and are to be sold at his shop in the old baylie , . a declaration of the lords and commons assembled in parliament the lords and commons taking into consideration the miserable distractions and calamities with which this whole kingdome and nation is now infested, ... england and wales. parliament. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) a declaration of the lords and commons assembled in parliament the lords and commons taking into consideration the miserable distractions and calamities with which this whole kingdome and nation is now infested, ... england and wales. parliament. sheet ([ ] p.) printed for john wright, in the old baily, london : july. . title from caption and first lines of text. dated and signed at end: die lunæ, julii. . ordered by the lords and commons assembled in parliament, that this declaration shall be forthwith printed and published. j. brown cler. parliamentorum. a declaration of parliament for postponement of the assizes. reproduction of the original in the british library. eng great britain -- history -- civil war, - -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no a declaration of the lords and commons assembled in parliament. the lords and commons taking into consideration the miserable distractions a england and wales. parliament. a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion a declaration of the lords and commons assembled in parliament . the lords and commons taking into consideration the miserable distractions and calamities with which this whole kingdome and nation is now infested , the face and cruell effects of an unnaturall civill warre , being too visible , and apparent in all the parts thereof , and the power of the sword so prevailing , as that the publique iustice of the kingdome cannot be expected to be administred in a just and indifferent way , but that the iudges and ministers thereof may be terrified , and awed by the power of armed men ; and also for preventing of inconveniences , which may happen by assemblies of multitudes of people , in these times of such miserable distractions ; have thought fit to order , and the said lords and commons in parliament assembled doe ordaine and declare , that the severall iudges and iustices of the assize , and nisi-prius and iustices of oyer and terminer , and goale-delivery , and their associates , and the clerkes of assize , and every of them , of or within any the counties or cities of england , and dominion of wales , doe forbeare to execute any the said commissions , or to hold or keepe any assizes or goale-delivery , at any time during this summer vacation ; or to issue any warrant for summoning the assizes , within any county in which they shall be appointed iudges or iustices ; and if they have already issued any , that they forthwith revoke , and recall the same ; and herein their ready and perfect obedience is expected and required , as they will answer the contempt and neglect hereof before the lords and commons in parliament . die lunae , julii . . ordered by the lords and commons assembled in parliament , that this declaration shall be forthwith printed and published . j. brown cler. parliamentorum . london , printed for john wright , in the old baily , july . . by the king and queen a proclamation for proroguing parliament. england and wales. sovereign ( - : william and mary) approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing w estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) by the king and queen a proclamation for proroguing parliament. england and wales. sovereign ( - : william and mary) mary ii, queen of england, - . william iii, king of england, - . broadside. printed by charles bill and the executrix of thomas newcomb, london : / . reproduction of original in the university of illinois (urbana-champaign campus). library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- parliament. great britain -- politics and government -- - . - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion monogram of 'w' (william) superimposed on' m' (mary) diev et mon droit honi soit qui mal y pense royal blazon or coat of arms by the king and queen , a proclamation for proroguing the parliament . marie r. whereas our houses of parliament ( pursuant to our pleasure in that behalf signified ) are adjourned to the twelfth day of april next : we iudging it not requisite that they should sit at that time , have ( with the advice of our privy council ) thought sit to issue this our royal proclamation , hereby declaring and publishing our will and pleasure ; that our parliament shall on the said twelfth day of april be prorogued unto the four and twentieth day of may next ; at which prorogation we shall expect the attendance only of such members as shall be resident in or near our cities of london and westminster . and we do hereby further declare , that convenient notice shall be given by proclamation of the time when our parliament shall meet , and sit for the dispatch of business , to the end that the members of both houses may order their affairs accordingly . given at our court at whitehall the seventeenth day of march , / . in the fourth year of our reign . god save the king william and queen mary . london , printed by charles bill , and the executrix of thomas newcomb deceas'd ; printers to the king and queens most excellent majesties . / . die martis, april. . ordered by the commons assembled in parliament, that mr. greenhil and mr. pocock, treasurers of chirst church, do out of the nine thousand and one hundred pounds reserved out of the moneys at goldsmiths-hall for indigent persons,... england and wales. parliament. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e a thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) die martis, april. . ordered by the commons assembled in parliament, that mr. greenhil and mr. pocock, treasurers of chirst church, do out of the nine thousand and one hundred pounds reserved out of the moneys at goldsmiths-hall for indigent persons,... england and wales. parliament. sheet ([ ] p.) printed for edward husband, printer to the honourable house of commons, london : april . . title from heading and first lines of text. order and order to print signed: h: elsynge, cler. parl. d. com. reproduction of the original in the british library. eng soldiers -- great britain -- pay, allowances, etc. -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no die martis, april. . ordered by the commons assembled in parliament, that mr. greenhil and mr. pocock, treasurers of christs-church, d england and wales. parliament. a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion die martis , april . . ordered by the commons assembled in parliament , that mr. greenhil and mr. pocock , treasurers of christs-church , do out of the nine thousand one hundred pounds reserved out of the moneys at goldsmiths-hall for indigent persons , pay proportionably ( as the moneys will hold out ) the officers and soldiers whose names are contained in the list presented to this house by auditor wilcox ; taking especial care , and endeavoring all means , that no moneys be paid to those that shall appear to have been engaged against the parliament about iuly or august last . and mr. potter clerk to the committee of the military garden , is appointed to be present at the time of payment with mr. greenhil and mr. pocock , with his books of the five qualifications , and the former list by which they have received any former moneys , whereby none of them may be twice paid , nor any paid that are not comprehended within the five qualifications . ordered by the commons assembled in parliament , that the several persons that do clamor at the doors of the house , demanding any arrears from the parliament , do repair to the knights and burgesses of the several and respective counties and towns , upon whose entertainments they , their husbands or fathers were employed in the service of the parliament , or any two of them ; the which knights and burgesses , or any two of them respectively , are hereby authorized and required , to examine the justness of their demands , and as they shall see cause , to certifie the state of it to the house , to the end the house may take such course for their relief and satisfaction in the several counties and places where they served , as may be just and honorable to the parliament . h : elsynge , cler. parl. d. com. ordered by the commons assembled in parliament , that these orders be forthwith printed and published . h : elsynge , cler. parl. d. com. london , printed for edward husband , printer to the honorable house of commons . april . . miscellanea parliamentaria containing presidents . of freedom from arrests, . of censures : . upon such as have wrote books to the dishonour of the lords or commons, or to alter the constitution of the government, . upon members for misdemeanours, . upon persons not members, for contempts and misdemeanours, . for misdemeanours in elections ... : with an appendix containing several instances wherein the kings of england have consulted and advised with their parliaments . in marriages, . peace and war, . leagues ... / by william petyt of the inner-temple, esq. petyt, william, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing p estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) miscellanea parliamentaria containing presidents . of freedom from arrests, . of censures : . upon such as have wrote books to the dishonour of the lords or commons, or to alter the constitution of the government, . upon members for misdemeanours, . upon persons not members, for contempts and misdemeanours, . for misdemeanours in elections ... : with an appendix containing several instances wherein the kings of england have consulted and advised with their parliaments . in marriages, . peace and war, . leagues ... / by william petyt of the inner-temple, esq. petyt, william, - . [ ], , [ ] p. printed by n. thompson for t. basset ... and j. wickins ..., london : . appendix partly in french and latin. reproduction of original in yale university library. marginal notes. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- parliament. great britain -- politics and government. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - rina kor sampled and proofread - rina kor text and markup reviewed and edited - pfs batch review (qc) and xml conversion miscellanea parliamentaria : containing presidents . of freedom from arrests . . of censures . . upon such as have wrote books to the dishonour of the lords or commons , or to alter the constitution of the government . . upon members for misdemeanours . . upon persons not members , for contempts and misdemeanours . . for misdemeanours in elections . besides other presidents and orders of a various nature , both of the house of lords and commons . with an appendix , containing several instances wherein the kings of england have consulted and advised with their parliaments , . in marriages . . peace and war. . leagues . and other weighty affairs of the kingdom . by william petyt of the inner-temple , esq london , printed by n. thompson , for t. basset at the george , and j. wickins at the white hart in fleetstreet . . to william williams esq speaker of the honourable house of commons , the author humbly dedicates these his miscellanea parliamentaria . the contents . ferrers case . pag. . § . . some few presidents against such as have wrote books to the dishonour of the lords and commons , and the subversion of the government . pa. . § . . some presidents , wherein the house of commons have for misdemeanours turned out and discharged their members . pa. . § . some presidents for punishing persons that were no members , for contempts and misdemeanours . pa. . § . . some presidents for punishing misdemeanours in elections . pa. . § . some miscellaneous presidents and orders , both of the house of lords and commons , p. . an appendix . or , a collection of some few records and presidents ( out of many other of the like nature ) whereby it appears , that the kings of england were pleased to consult and advise with their parliaments , de arduis negotiis regni , of the weighty and difficult affairs of the kingdom . p. the preface . i have seen , saith stephen gardiner , ( who was dr. of laws , bishop of winchester , and after lord chancellour of england , ) the councel much astonished , when the king would have done somewhat against an act of parliament , it was made then a great matter . the lord cromwel had once put in the kings ( our late sovereign lords ) head , to take upon him to have his will and pleasure regarded for a law , for that , he said , was to be a very king , and thereupon i was call'd for at hampton-court ; and as the lord cromwel was very stout ; come on my lord of winchester , ( quoth he , ) for that conceit he had whatsoever he talked with me , he knew ever as much as i ▪ greek , or latine , and all . answer the king here , ( quoth he ) but speak plainly and directly , and shrink not man : is not that ( quoth he , ) that pleaseth the king , a law ? have ye not the civil-law therein ? ( quoth he ) quod principi placuit , and so forth , ( quoth he , ) i have somewhat forgotten it now : i stood still , and wondered in my mind , to what conclusion this should tend ; the king saw me musing , and with earnest gentleness said , answer him whether it be so or no ? i would not answer my lord cromwel , but delivered my speech to the king , and told him , i had read indeed of kings that had their will always received for a law ; but i told him the form of his reign , to make the laws his will , was more sure and quiet , and by this form of government ye be established ( quoth i , ) and it is agreeable with the nature of your people ; if ye begin a new manner of policy , how it will frame no man can tell , and how this frameth ye can tell , and would never advise your grace to leave a certain for an uncertain . the king turned his back , and left the matter after ; till the lord cromwel turn'd the cat in the pan , afore company , when he was angry with me , and charged me as though i had played his part . this tale is true , and not without purpose to be remembred . so far the bishops letter . and from it , and other passages in history , i shall raise four observations . that it was a general rule and principle in most great ministers of state ; or , as the old word was , minions to flatter and poison princes minds with absolute and despotical power ; not for the honour , or good of the crown , for that can never be ; but for their particular advantages , that themselves might reign , and be sovereigns over their masters ; and indeed , not only of our own country , but of others : historians are full of the sad and woful effects thereof in most ages ; which makes me frequently revolve the melancholly contemplation of cardan ; inter fures scurras adulatores , constitutus est princeps a furibus bona diripiuntur , a scurris mores corrumpuntuh , & ut quisque melior est ex aula abigitur , ab adulatoribus veritas , summum inter mortales bonum , ablegatur , unde miseri principes propter has larvas , in cimmeriis ignorantiae tenebris perpetuo vivunt . o miseram principum sortem , qui nunquam norunt , quali in statu res suae positae sint , adeo vero aures principum emollitae sunt , ut ad veritatis nomen tanquam ad nili cataractas obsurdescant . this pessima gens humani generis always abhorred a parliament ; and the reason thereof is demonstrative , because they well knew they should then be called to an impartial and strict account , and be punished according to their demerit : as de facto it appears , in the cases of the lord cromwel , after earl of essex , and the protector , the duke of somerset , ( mentioned in the bishop's letter , ) that they were questioned in parliament ; although possibly the proceedings therein against them were managed with too much violence and artifice , by the malice and policy of their enemies . and no man , in all points , can justifie the acts of all councels , whether ecclesiastical or civil . the first was attainted of high-treason , in the parliament , . h. . amongst other crimes . . for vsurping upon the kingly estate , power , authority , and office. . for having the nobles of the realm in great disdain , derision and detestation . . and further also , being a person of poor and low degree , as few were within the realm pretended to have so great a stroke about the king , that he lett it not , to say , publish and declare , that he was sure of the king ; which was detestable and to be abhorred amongst all good subjects in a christian realm , that any subject should enterprize to take upon him so to speak of his sovereign , leige , lord , and king. the second was in the parliament , and e. . fined and ransomed amongst other offences . . for desiring the rule , authority and government of the king and realm by himself only , and getting the protectorship . . that by his own authority he did stay and lett justice , and subverted the laws as well by letters , patents , as by his other commandments . . he rebuked , checked and taunted as well privately as openly , divers of the privy counsel , for shewing and declaring their advices and opinions against his purpose in weighty affairs , telling them they were unworthy to sit in councel : that he needed not to open matters to them , and that he would be otherwise advised thereafter ; and if they agreed not with his opinion , he would put them out , and take in others at his pleasure . . that he had held , against the kings laws , in his own house a court of requests , and forced divers to answer for their free-holds and goods , to the subversion of the law. . that he had , without advice of the counsel , disposed of offices for money . . that he would not suffer new-haven and blackness to be furnished with men and victuals , although advertized of their defects ; whereby the french king was comforted and encouraged to invade and win them , to the dishonour of the realm . . and whereas the privy-counsel had out of their love and zeal for the king and realm , consulted at london to come to the duke , to move him charitably to amend , and reform his doings and mis-government ; he caused to be declared , ( by letters in divers places , ) the lords to be high-traytors , to the great disturbance of the realm ; and further declared , that the lords endeavoured to destroy the king , to the intent to make sedition and discord between the king and lords . . the duke , at hampton-court and windsor , declared these speeches , the counsel at london do intend to kill me ; but if i die , the king shall die with me ; and if they famish me , they shall famish the king ; and so conveyed the king suddenly in the night to windsor , whereby he got a disease , . he assembled great numbers in arms , and after , minding to fly to jersey or wales , laid post-horses about , and men for the same intent . all which offences and crimes the said duke acknowledged , and submitted himself to the king : after which passed the act ; that for his said offences and crimes he should forfeit a great many manors , which the crown had given him : to bring it to the relation made by the bishop , not without purpose to be remembred how dangerous a thing it was to break the law , or an act of parliament . the bishop thus further expresseth in the same letter . now whether the king may command against an act of parliament , and what danger they may fall in that break a law with the king's consent , i dare say no man alive at this day hath had more experience with the judges and lawyers then i ; first i had experience in my old master the cardinal , who ohtained his legacy by our late sovereign lord's request at rome , and in his sight and knowledge , occupied the same with his crosses and maces born before him many years ; yet because it was against the laws of the realm , the judges concluded it the offence of the premunire ; which conclusion i bare away , and take it for a law of the realm , because the lawyers so said , but my reason digested it not . the lawyers , for confirmation of their doings , brought in a case of the lord tiptoft , as i remember , a jolly civilian ; he was chancellor to the king , who ( because in the execution of the king's commission he had offended the laws of the realm ▪ ) he suffered on tower-hill , ) they brought in examples of many judges that had fines set on their heads in like case , for doing against the law of the realm by the king's commandment , and then was brought in the judges oath , not to stay any process or judgment for any commandment from the king's majesty : and one article against my lord cardinal was , that he had granted injunctions to stay the common - law , and upon that occasion magua charta was spoken of , and it was made a great matter , the stay of the common-law ; and this i learned in that case , sithence that time being of the counsel , when many proclamations were devised against the carriers out of corn ; at such time as the transgressors should be punished , the judges would answer it might not be by the laws ; whereupon ensued the act of proclamation , in the passing of which act many siberal words were spoken , and a plain proviso , that by authority of the act for proclamation , nothing should be made contrary to an act of parliament , or common-law . when the bishop of exeter and his chancellour were by one body brought in a praemunire , ( which my lord privy-seal cannot forget ) i reason'd with the lord audley , then chancellor , so far , as he bad me hold my peace , for fear of entring into a praemunire my self ; whereupon i stayed , but concluded it seemed to me strange , that a man authorized by the king , ( as since the king's majesty hath taken upon him the supremacy , every bishop is such a one , ) could fall in a praemunire , after i had reason'd the matter once in the parliament-house , where was free speech without danger , and there the lord audley , to satisfie me familiarly ( because i was in some secret estimation , as he then knew , ) thou art a good fellow , bishop , quoth he , ( which was the manner of his familiar speech ) look the act of supremacy , and there the king's doings be restrained to spiritual jurisdictions : and in another act it is provided , that no spiritual law shall have place contrary to a common law , or act of parliament ; and if this were not , ( quoth he ) you bishops would enter in with the king , and , by means of his supremacy , order the laity as ye listed ; but we will provide ( quoth he , ) that praemunire shall ever hang over your heads , and so we lay-men shall be sure to enjoy our inheritance , by the common laws , and acts of parliament . my fourth observation is this , it had been well for the protector to have remembred the good and wholsom advice the bishop gave him : that great man had not lost his head ; for being indicted in michaelmas-term , . e. . upon a statute made and of that king , for the punishment of unlawful assemblies , and raising of the kings subjects : and one of the main points in the indictment , was that felonice he designed to take and imprision john earl of warwick , being one of the privy-council ; of which he was found guilty by his peers , and after suffered death thereupon . to conclude whose sad fate , i shall add the preamble of an act of parliament , more memorable , because in a subsidy act ; yet common in that , and former , and succeeding ages , as may appear . for instances , rot. parl. . h. . and by rastals statutes , . h. . cap. , . , and . e. . cap. . . eliz. cap. . . eliz. cap. . . eliz. cap. . . eliz. cap. . . eliz. cap. . . eliz. cap. . . eliz. cap. . . eliz. cap. . and . jacobi , cap. . wherein the state of the kingdom , both ecclesiastical and civil , and the transactions of foreign affairs are historically set down , and taken notice of by the parliament , and inserted into the preambles of those acts. an act for the grant of a subsidy , and two fifteens and tenths , granted to the king's majesty , by the temporality . we the kings highness's most faithful and obedient subjects , the lords and commons in this present parliament assembled ; considering , and certainly perceiving , by divers means , the earnest good-will and purpose that our said sovereign lord hath to preserve , maintain and continue us , his natural subjects , in this most fortunate peace , whereunto , after many storms and tempests of the wars , his majesty hath , by the goodness of god restored us ; do also , notwithstanding his majesties great care , and politick means used for the recovery thereof , easily perceive how hard it shall be for his highness to continue and kéep us therein , during the time of this troublesom state of christendom , being , as it were , lamentably cut , and torn in pieces , and factions of war , except his highness be restored to a further estate and furniture of treasure , meet for the defence of these his realms , dominions ; and subjects , and like to other princes ; having such large realms , dominions and people ; the lack and want whereof , ( as we know ) shall chiefly redound to all our losses and detriments , which must be defended and preserved by the puissant power and might of our sovereign lord and head , not by the multitude of our private riches and strength at home . so also have we séen , of late years , plainly before our eyes , and felt in a great part of our sorrowful hearts , the very principal , chief , and first causes of this lack , during the time of the woful mis-governance of this noble realm , and other the king's dominions , by the late protector , duke of somerset ( to whom almighty god grant his mercy , ) who first of his insatiate ambition , contrary to the advices of all wise and good councellors , having gotten into his hands the sole governance of the most sacred person of our sovereign lord , and consequently , the protectorship of all his highness's realms and dominious , immediately to lay a fit foundation for his unhappy and unskilful government , brought the king's majesty ( whom he took by pretence to govern , being left by his highness's father , of most famous memory , in tender years , ( but yet in peace ) suddenly into open hostility and wars against two puissant realms at once , considering neither the ability to begin , nor means to continue them ; wherein , following always his own singularity , by stirring and increasing of new quarrels and causes of war , by unadvised invasions , by desperate enterprises and uoyages , by sumptuous , endless , vain fortifications , both in foreign realms , and in the seas , by bringing into the realm of costly , and great numbers of strangers , men of war , and such other innumerable vain devices , he did not only exhaust , and utterly waste the king's majestie 's treasures and revenues of his crown , and of us his highness's subjects , but also endangered his majestie 's credit beyond the seas with divers strange merchants , by taking up , and borrowing great sums of money , growing from time to time more and more indurable : which gate of misery being so wide open , we all know , and the best part of us felt , what a heap of calamities fell upon all the realm immediately ; yea , and to this day what prests and memory thereof remaineth not wholly yet filled up . first , the king's majesties treasure of all sorts wasted , the great substance of the moneys melted , and altered in base coyn , for the serving of the charge of these wars , the laws and ancient policies of this noble realm dissolved and unjoyned , and by examples thereof , the whole state of ireland endangered , with factions and rebellions , wherein no small sums of treasure were also wasted in armies and fortifications , part whereof remains unto this day of necessity . in the midst of all these miseries , by the suffering of the said late protector , rose up a monstrous and dangerous rebellion of the lewd numbers , and baser multitudes against their heads ; the withstanding and happy stay whereof , although it came through the mercifulness of god , by the labour and fortitude of others , worthy eternal praise , subduing the headless raging people in sundry parts of the realm , delivering us , the king's majesties natural subjects , out of our unnatural subjection to him that ruled us with disorder , and finally , restoring the royal person of the king's highness to the fréedom of his princely estate , and consequently to an honourable peace with his enemies . yet could not , hitherto , the great breach and ruine of the king's majestie 's estate , touching his treasure , be repaired or re-enforced ; which consequently followed upon the first foundations broken ; although in other points of the decay ( thanked be god ) the king's majesties own marvellous intelligence , with the industry of good conncellors , hath notably supplied , and amended the defaults . and as these former errors brought his majesty into utter wasts of his own treasure and riches into the expences of our subsidies , granted for the same wars , though nothing answerable to the expence of the same ; finally , into notable and immeasurable charges beyond the seas , provisions of money taken up in time of wars ; so yet , to the increase of this former sore , we remember and perceive also , that there were very great charges left by the late king of famous memory , by reason of his wars , to be discharged , as well beyond sea towards strangers , as on this side towards his own subjects ; which of their nature beyond the seas for lack of payment did grow excessively , besides the late evident great charge and loss sustained by the kings majesty for the only profit of his publick weal , in the reducing of part of his coyn from a notable baseness unto a fine standard ; by the which his majesty lacketh a great private gain in his mints , being now worth no revenue at all , but rather chargable ; and the rest of which coyn we trust he will shortly reduce to like fineness . all which things we his majesties faithful , and natural loving subjects , weighing with our selves , and considering divers great weighty matters hereupon depending , for the preservation of this ancient , noble , and imperial crown . albeit we see manifestly before our eyes , our sovereign lord the kings majesty disposed of his good nature rather daily to diminish the revenue of his crown , lately angmented by his father of most famous memory , towards the unburthening of his great intollerable weights and charges , lying and growing in strangers hands beyond the seas , then to call upon us his natural subjects and people ; like as we daily hear and know that all other most christian princes do , in causes of less importance , and like his majesties noble progenitors , have always done in such cases heretofore . yet for the preservation of our selves and our posterity in this peace and wealth whereunto we have by the great charges of our sovereign lord been blessed , brought , for the maintenance and upholding of the crown and dignity imperial of this noble realm , in honour and might against all attempts of foreign and ancient enemies , for the restauration of this decayed house of the commonwealth , having suffer'd violation and ruine , by exile of justice in the former time of the aforesaid evil governance . for the comforting and encouraging of our most christian king in his blessed and famous purposes and proceedings , to the establishing both of true christian religion , in this his church of england and ireland , and of a christian policy in the civil state of the same , &c. and after they granted the subsidies . it is far from my thoughts to delight in raking into the misfortunes of any , much less of great men ; but in all ages it hath been allowed to publish the memoirs of ill men , to the intent to deter posterity from acting and committing such crimes and offences , which we find were severely punished both by god and men. and whoever will take the pains to run over the ancient historians and records of the kingdom , will find that the troubles in richard the st's time , the barons wars , the confusions in e. d's time , the woful distractions in the reign of r. . and h. . had their source and rise from one grand cause , the extravigant and insufferable dominion and power of minions or favourites , with their partisans , which k. james rightly calls pests and vipers of a common-wealth ; who , notwithstanding their spetious glosses and pretences of loyalty to the crown , rather then suffer themselves to be questioned and punished by law for their arbitrary and illegal acts , resolved to run the hazard of ; and see the ruine and destruction both of prince and people . my lord bacon , after he was sentenced in parliament , meeting with sir lionel cranfield , after earl of middlesex , whom king james had then newly made lord treasurer . my lord bacon , having first congratulated his advancement to so eminent a place of honour and trust , told him , between jest and earnest , that he would recommend to his lordship , and in him to all other great officers of the crown , one considerable rule to be carefully observed , which was , to remember a parliament will come . i do not believe that his lordship had the spirit of divination ; but certain it is , that two years after , in the parliament . and . of that king , the commons impeached the earl ; for what , and what the judgement was thereupon , hear the record . messuage sent to the commons by mr. serjeant crew , and mr. attorney general , viz. that the lords are now ready to give judgment against the lord treasurer , if they , with their speaker will come , and demand the same . answered , they will attend presently : the lords being all in their robes , the lord treasurer was brought to the bar by the gentleman usher and the serjeant at arms , his lordship made low obeysance , and kneeled , until the lord keeper willed him to stand up . the commons with their speaker came and the serjeant attendant on the speaker presently put down his mace. the speaker in their name , to this effect , viz. the knights , citizens and burgesses in this parliament assembled , heretofore transmitted unto your lordships several offences against the right honourable lionel earl of middlesex , lord high treasurer of england , for bribery , extortion , oppressions , and other grievous misdemeanours , committed by his lordship . and now the commons , by me their speaker , demand judgment against him for the same . the lord keeper answered . the high-court of parliament doth adjudge , . that lionel earl of middlesex , now lord treasurer of england , shall lose all his offices which he holds in this kingdom ; and shall be made for ever uncapable of any office , place or imployment in the state , and commonwealth . . and that he shall be imprisoned in the tower of london during the kings pleasure . . and that he shall pay unto our sovereign lord the king the fine of l. . and that he shall never sit in parliament more . . and that he shall never come within the verge of the court. ordered , that the kings councel draw a bill ( and present the same to the house , ) to make the lands of the earl of middlesex liable unto his debts , unto the fine to the king , unto accompts to the king hereafter , and to restitution to such whom he had wronged , as shall be allowed of by the house . so that the familiar saying of my lord coke is very remarkable ; that no subject , ( though never so potent and subtile , ) ever confronted or justled with the law of england , but the same law in the end infallibly broke his neck . the case of george ferrers , esq in the lent season , whilst the parliament yet continued , one george ferrers gent. servant to the king , being elect a burgess for the town of plimouth , in the county of devon , in going to the parliament-house was arrested in london by a process out of the kings-bench , at the suit of one white , for the sum of two hundred marks , or thereabouts , wherein he was late aforecondemned as a surety for the debt of one welden of salisbury ; which arrest being signified by sir thomas moyle kt. then speaker of the parliament , and to the knights and burgesses there , order was taken that the serjeant of the parliament , called s. j. should forthwith repair to the compter in breadstreet , whither the said ferrers was carried , and there to demand delivery of the prisoner . the serjeant , as he had in charge , went to the compter , and declared to the clerks there , what he had in commandment : but they and other officers of the city were so far from obeying the said commandment , as after many stout words , they forcibly resisted the said serjeant , whereof ensued a fray within the compter-gates , between the said ferrers and the said officers , not without hurt of either part ; so that the serjeant was driven to defend himself with his mace of armes , and had the crown thereof broken by bearing off a stroke , and his man strucken down . during this brawl the sheriffs of london , called rowland hill and h. suckley , came thither , to whom the serjeant complained of this injury , and required of them the delivery of the said burgess as afore : but they bearing with their officers , made little account either of his complaint , or of his message , rejecting the same contemptuously , with much proud language : so as the serjeant was forced to return without the prisoner , and finding the speaker and all the knights and burgesses set in their places , declared unto them the whole cause as it fell out ; who took the same in so ill part , that they all together ( of whom there was not a few as well of the kings privy-councel , as also of his privy-chamber ) would sit no longer without their burgess , but rose up wholly , and repaired to the vpper house , where the whole case was declared by the mouth of the speaker , before sir t. audley kt. then lord chancellor of england , and all the lords and judges there assembled ; who judging the contempt to be very great , referred the punishment thereof to the order of the common house . they returning to their places again , upon new debate of the case , took order that their serjeant should eftsoon repair to the sheriffs of london , and require delivery of the said burgess , without any writ or warrant had for the same , but only as afore . albeit the lord chancellor offered there to grant a writ , which they of the common house refused , being in a clear opinion that all commandments and other acts proceeding from the nether house , were to be done and executed by their serjeant , without writ , only by shew of his mace , which was his warrant . but before the serjeants return into london , the sheriffs having intelligence how heinously the matter was taken , became somewhat more mild ; so as upon the said second demand , they delivered the prisoner without any denial . but the serjeant having then further in commandment from those of the nether house , charged the said sheriffs to appear personally on the morrow by eight of the clock , before the speaker in the nether house , and to bring thither the clerks of the compter , and such other of their officers as were parties to the said affray ; and in like manner to take into his custody the said white , which wittingly procured the said arrest , in contempt of the priviledge of the parliament . which commandment being done by the said serjeant accordingly , on the morrow the two sheriffs , with one of the clerks of the compter , ( which was the chief occasion of the said affray ) together with the said white , appeared in the common house , where the speaker charging them with their contempt and misdemeanour aforesaid , they were compelled to make immediate answer , without being admitted to any councel : albeit sir ro. cholmley , then recorder of london , and other the councel of the city there present , offered to speak in the cause , which were all put to silence , and none suffered to speak but the parties themselves . whereupon in conclusion the said sheriffs , and the same white , were committed to the tower of london , and the said clerk ( which was the occasion of the fray ) to a place there called little ease , and the officer of london which did the arrest , called tailor , with four officers , to newgate , where they remained from the . until the . of march , and then they were delivered , not without humble suit made by the mayor of london , and other their friends . and forasmuch as the said ferrers being in execution upon a condemnation of debt , and set at large by priviledge of parliament , was not by law to be brought again into execution , and so the party without remedy for his debt , as well against him , as his principal debtor ; after long debate of the same , by the space of nine or ten days together , at last they resolved upon an act of parliament to be made , and to revive the execution of the said debt against the said welden , which was principal debtor , and to discharge the said ferrers . but before this came to pass , the common house was divided upon the question , but in the conclusion the act passed for the said ferrers , who won by . voices . the king then being advertized of all this proceeding , called immediately before him the lord chancellor of england , and his judges , with the speaker of the parliament , and other the gravest persons of the nether house , to whom he declared his opinion to this effect : first commending their wisdom in maintaining the priviledges of their house , ( which he would not have to be infringed in any point ) alledged that he being head of the parliament , and attending in his own person upon the business thereof , ought in reason to have priviledge for him and all his servants , attending there upon him ; so that if the said ferrers had been no burgess , but only his servant , that in respect thereof he was to have the priviledge as well as any other : for i understand ( quoth he ) that you not only for your own persons , but also for your necessary servants , even to your cooks and horse-keepers , enjoy the said priviledge : in as much as my lord chancellor here present hath informed us , that he being speaker of the parliament , the cook of the temple was arrested in london , and in execution upon a statute of the staple : and forasmuch as the said cook , during the parliament , served the speaker in that office , he was taken out of execution by the priviledge of the parliament . and further , we be informed by our judges , that we at no time stand so highly in our estate royal , as in the time of parliament ; wherein we as head , and you as members , are conjoyned and knittogether into one body politick : so as whatsoever offence or injury ( during that time ) is offered to the meanest members of the house , it is to be judged as done against our person , and the whole court of parliament : which prerogative of the court is so great ( as our learned councel informeth us ) as all acts and processes coming out of any other inferiour courts , must for the time cease and give place to the highest . and touching the party , it was a great presumption in him , knowing our servant to be one of this house , and being warned thereof before , would nevertheless prosecute this matter out of time , and therefore was well worthy to have lost his debt , which i would not wish , and therefore do commend your equity , that having lost the same by law , have restored him to the same against him who was his debtor : and this may be a good example to others , not to attempt any thing against the priviledge of this court , but to take the time better . whereupon sir edward mountague , then lord ch. justice , very gravely declar'd his opinion , confirming by divers reasons all the king had said , which was assented unto by all the residue , none speaking to the contrary . the act indeed passed not the higher house , for the lords had not time to consider of it , by reason of the dissolution of the parliament . because this case hath been diversly reported , as is commonly alledged , as a president for the priviledge of the parliament , i have endeavoured my self to learn the truth thereof , and to set it forth with the whole circumstances at large , according to their instructions who ought best both to know and remember it . . ed. vi. eight years after the case of ferrers , withrington having made an assault upon brandling , burgess for newcastle ; the parl. being near an end , the com. sent withring : to the councel . die jov. . apr. an . praedict . the bill for mr. brandling's complaint , sent from the lords of the privy councel again , to be ordered by this house according to the antient custom of this house : whereupon the bill was read in the presence of henry witherington , who was sent to the lords from this place ; who confest that he began the fray upon mr. brandling : whereupon the said henry is committed to the tower of london . some few presidents against such as have wrote books to the dishonour of the lords and commons , and subversion of the government . the case of arthur hall esq upon sundry motions made by divers of this house ; it was order'd that arthur hall esq for sundry lewd speeches , used as well in this house , as also abroad elsewhere , shall have warning by the serjeant to be here upon monday next ; and at the bar to answer such things as he shall then and there be charged with . and it was further ordered , that all such persons as have noted his words , either in this house , or abroad , do forthwith assemble in the chamber above , and put the words in writing ; and afterwards deliver them to mr. speaker , to the end he may charge the said hall upon monday next . this day arthur hall esq being brought by the serjeant to the bar , and charged by the house with seven several articles , humbly submitted himself to the house , and humbly confessed his folly , as well touching the said articles ; as also his other fond and unadvised speech at the bar : and was upon the question remitted , with a good exhortation given him by mr. speaker at large . the case of smalley , servant to mr. arthur hall , burgess for grantham . and the case of kirtleton , hall's schoolmaster . mr. lievtenant of the tower , sir nicholas arnold , and mr. serjeant lovelace , were appointed to examine the matter touching the arrest of mr. hall's servant , before mr. speaker , at his chamber this afternoon . upon the question , and also upon the division of the house it was ordered , that edward smalley yeoman , servant unto arthur hall esq one of the burgesses for grantham , shall have priviledge . after sundry reasons and arguments , it was resolved , that edward smalley , servant unto arthur hall esq shall be brought hither by the serjeant , and set at liberty by the warrant of the mace , and not by writ . edward smalley , servant unto arthur hall esq being this day brought to the bar in this house by the serjeant of the house , and accompanied with two serjeants of london , was presently delivered of his imprisonment and execution , according to the former judgement of this house , and the said serjeants of london discharged of their said prisoner ; and immediately after that the said serjeants of london were sequestred out of this house , and the said edward smalley was committed to the charge of the serjeant of this house ; and thereupon the said edward smalley was sequestred , till this house should be resolved upon some former motions , whether the said edward smalley did procure himself to be arrested upon the said execution , in the abusing and contempt of this house , or not . . upon the question it was ordered , that mr. hall be sequestred the house , while the matter touching the supposed contempt done to this house be argued and debated . edward smalley upon the question was adjudged guilty of the contempt , and abusing of this house by fraudulent practice , of procuring himself to be arrested upon the execution , of his own assent and intention , to be discharged as well of his imprisonment , as of the said execution . matthew kirtleton , schoolmaster to mr. hall , was likewise upon another question adjudged guilty by this house of like contempt , and abusing of this house , in confederacy and practice with the said smalley in the intentions aforesaid . . upon another question it was adjudged by the house , that the said smalley be for his misdemeanor and contempt committed to the prison of the tower. . upon the like question it was also adjudged by this house , that the said kirtleton schoolmaster , be also for his lewd demeanor and contempt in abusing of this house , committed to the prison of the tower. . upon another question also it was resolved , that the serjeant of this house be commanded to bring the said edward smalley , and the said matthew kirtleton , schoolmaster to mr. hall , into this house , to morrow next in the forenoon , to hear and receive their said judgements accordingly . . and further , that the matter wherein the said arthur hall is supposed to be touched , either in the privity of the said matter of arrest , or in the abusing of the committees of this house , shall be deferred to be further dealt in till to morrow . the bill against arthur hall esq edward smalley , and matthew kirtleton his servant , was read the first time . edward smalley , servant unto arthur hall esq appearing in this house this day at the bar , it was pronounced unto him by mr. speaker , and in the name , and by the appointment and order of this house , for execution of the former judgement of this house awarded against him , that he the said edward smalley shall be forthwith committed prisoner from this house to the tower of london , and there remain for one whole month next ensuing from this present day ; and further , after the same month expired , until such time as good and sufficient assurance shall be had and made , for payment of one hundred pounds of good and lawful money of england , to be made unto william hewet , administrator of the goods , chattels and debts of melchisedeck mallory gent. deceased , upon the first day of the next term , according to the former order in that behalf by this house made and set down , and also s. for the serjeant's fees ; the notice of which assurance for the true payment of the said one hundred pounds in form aforesaid , to be certified unto mr. lievtenant of the tower , by mr. recorder of london , before any delivery or setting at liberty of the said edward smalley , to be in any wise had or made at any time after the expiration of the said month as is aforesaid , and that he shall not be delivered out of prison before such notice certified , whether the same be before the said first day of the next term , or after . the d . case of arther hall esq a member of parliament . upon a motion made unto this house by mr. norton , in which he declared that some person of late had caused a book to be set forth in print , not only greatly reproachful against some particular good members of this house of great credit , but also very much slanderous and derogatory to the general authority , power and state of this house , and prejudicial to the validity of the proceedings of the same , in making and establishing of laws , charging this house with drunkenness , as accompanied in their councels with bacchus ; and then also with choler , as those which had never sailed to anticyra , and the proceedings of this house to be opera tenebrarum . and further , that by the circumstance of the residue of the discourse of the said book , he conjectured the same to be done and procured by mr. arthur hall , one of this house , and so prayed that thereupon the said mr. hall might be called by this house to answer , and the matter further to be duly examined , as the weight thereof in due consideration of the gravity and wisdom of this house , and of the authority , state and liberty of the same , requireth . it is resolved , that the said mr. hall be forthwith sent for by the serjeant at arms attending upon this house , to make his appearance here in that behalf accordingly . and then immediately mr. secretary wilson did thereupon signifie unto this house , that the said mr. hall had upon his examination therein before the lords of the councel , heretofore confessed in the hearing of the said mr. secretary , that he did cause the said book to be printed indeed . upon relation whereof , and after some speech then also uttered unto this house by mr. chancellor of the exchequer , of the dangerous and lewd contents of the said book , the serjeant was forthwith by order sent to apprehend the said arthur hall , and was presently assisted for that purpose with sir thomas scot and sir thomas brown , by the appointment of this house . a commission was then also given by this whole house , unto mr. vice-chamberlain , mr. chancellor of the exchequer , mr. secretary wilson , mr. treasurer of the chamber , sir henry lee , sir thomas cecil , sir william fitz-williams , and sir henry gate , to send for the printer of the said book , and to examine him touching the said matter , and afterwards to make report thereof to this house accordingly . and also to take order and advise further for the sending for , and apprehending of the said arthur hall , if it should so fall out that he did withdraw himself , or depart out of town , before such time as the said serjeant could find him : with this further resolution also , that any such member of this house as should happen first to see him , or meet him , might , and should in the name of the whole house stay him , and bring him forth to answer the said matter forthwith before the whole house , with all possible speed . mr. secretary wilson declaring the travel of the committees in examining of the printer that did print mr. halls book , signified unto this house , that the said printer ( whose name is henry bynnyman ) upon his examination before the committees said , that one john wells a scrivener in fleetstreet , did deliver a copy to him ; and when the book was printed , he delivered one book to henry shirland in friday-street , linen-draper , to be sent to mr. hall ; and that afterwards about a year past , he delivered to mr. hall six of the said books , and one more to mr. halls man shortly after ; and said , that mr. hall promised to get him a priviledge , whereupon he adventured ( he saith ) to print the book : and saith , that the copy was written by wells the scrivener , and that he received of the said shirland linen-cloth to the value of l. s. d. for printing the said book , and that he staid of his own accord the publishing of the said books , till he was paid : whereas mr. hall was contented they should have been put to sale prefently . which report so made by mr. treasurer , and withall that mr. hall and the printer were both then at the door , the said mr. hall was thereupon brought to the bar , and being charged by mr. speaker in the behalf of the whole house , with the setting forth of the said book , containing very lewd and slanderous reproach not only against some particular members of this house , but also against the general estate and authority of this whole house . hall denied not the setting forth of the said book , protesting the same to be done by him without any malicious intent or meaning , either against the state of this house , or against any member of the same ; praying this whole house ( if he had offended in so doing ) they would remit and pardon him ; affirming withall very earnestly , that he never had any more then one of the said books ; and upon due consideration had of his own rashness and folly therein , willed that all the said books should be suppressed . then was mr. hall sequestred . henry bynnyman the printer was brought to the bar , who affirmed in all things as mr. secretary wilson before reported , and further that he had or of the said books ; and was thereupon sequestred . henry shirland was brought to the bar , who there confessed , that mr. hall did write a letter unto him , and sent the said book unto him , willing him to get it printed ; and thereupon he delivered the said book to bynnyman , to have it printed , wells the scrivener then being present with him ; and said further , that mr. hall had paid him again the nobles which he before had paid the printer ; and so he was then sequestred . and the said wells brought to 〈◊〉 ●ar upon his examination , 〈◊〉 , that when he was apprentice with one mr. dalton a scrivener in heerstreet , the said mr. hall then lying about paul's wharfe , sent unto his said master to send one of his men unto him , and that thereupon his said master sent him unto the said mr. hall , who when he came , delivered unto him a book in written-hand , willing him to carry it home with him , and copy it out , and said , that when he had shewed it to his master , his master commanded him to write part of it , and his fellows some other part of it , and his said master ( as he remembreth ) did write the rest of it , but what his said master had for the writing of it , he knoweth not . and being further examined , saith , that yesterday last past he delivered one of the said books to sir randal brierton , from the said mr. hall. and then the said john wells was sequestred . and afterwards all the privy-councel being of this house , mr. knight-marshal , mr. recorder of london , mr. serjeant flowerdew , mr. serjeant st. leiger , mr. crumwell , mr. atkins , the master of the jewel-house , sir thomas scot , sir thomas brown , mr. nathaniel bacon , mr. beale , mr. norton , and mr. alford , were added to the former committees for the further proceeding to examination of the matter touching mr. hall , the printer , the scrivener , and all other persons , parties or privy to the publishing of the said book , set forth in print by the means and procurement of the said mr. hall , and to meet upon wednesday next at two of the clock in the afternoon , in the exchequer chamber . which done , mr. hall being brought to the bar again , mr. speaker declareth unto him , that this house mindeth further to examine the particularities of the matter , wherewith they have charged him , and do therefore order him to the serjeants ward , with this liberty , that upon wednesday next in the afternoon , being accompanied with the serjeant , he may attend at the exchequer chamber upon the committees in the cause : and was thereupon had out of the house . henry bynnyman the printer , john wells the scrivener , and henry shirland linen-draper , being brought all three to the bar , were by mr. speaker injoyned in the name of the whole house , to give their attendance upon the said committees at the time and place aforesaid , and also at all times in the mean season thereof , if they shall happen to be called by them , or any of them : and so were had out of the house . and further it is ordered by this house , that mr. speaker do send the serjeant for john dalton , late master of the said john wells , and to charge him also to attend upon the said committees , at the said time and place in like manner . mr. vice-chamberlain for himself and the residue of the committees , appointed to examine mr. hall , the printer , the scrivener , and all other persons privy to the setting forth and publishing of the book , declared , that they had charged the said mr. hall with contempt against this house the last session , in that being enjoyned by this house to appear , he departed out of town , in contempt of the court , and afterwards testified the same his wilful contempt , by an unseemly letter addressed by him to this house , and charged him further with divers articles of great importance , selected by the said committees out of the said book : as first , with publishing the conferences of this house abroad in print , and that in a libel , with a counterfeit name of the author , and no name of the printer , and containing matter of infamy of sundry good particular members of the house , and of the whole state of the house in general , and also of the power and authority of this house ; affirming , that he knew of his own knowledge , that this house had de facto judged and proceeded untruely . and was further charged , that he had injuriously impeached the memory of the late speaker deceased ; that he had impugned the authority of this house , in appointing committees without his assent ; and that in defacing the credit of the body and members of this house , he practised to deface the authorities of the laws and proceedings in the parliament , and so to impair the ancient order , touching the government of the realm , and rights of this house , and the form of making laws , whereby the subjects of the realm are governed . and further was charged , that since his being before the lords of the councel for his said offence , and after that he had received rebuke of them for the same , and had offered some form of a submission , he had eftsoon again published the said book ; and that upon his examination in the house , he had denied the having any more than one of the said books , it was yet proved he had twelve or thirteen , and six of them he had given away , since the time he was called before the said lords of the councel . unto all which things , as the said mr. hall could make no reasonable answer or denial , so mr. vice-chamberlain very excellently setting forth the natures and qualities of the said offences , in their several degrees , moved in the end that mr. hall being without at the door , might be called in to answer unto those points before the whole house , and so thereupon to proceed to some end ; and therewithall perswading a due consideration of spending the time as much as might be in matters of greatest moment , wherein much less has been done this session , then in any other these many years in like quantity of time : and thereupon after divers other motions and speeches had in the said matter , the printer was brought to the bar , and being examined , avowed that mr. hall after that he had been before the lords of the councel , came to him and told him , that he had answered the matter for the books before the councel , and that therefore the printer might deliver the said books abroad . and also whereas the said printer wished unto the said mr. hall , since his last committing , that all the said books had been burned before he meddled with them ; mr. hall should say to him again , he would not for l. and then being sequestred . mr. hall was brought to the bar , where after some reverence done by him , though not yet in such humble and lowly wise as the state of one in that place to be charged and accused , requireth ; whereof being admonished by mr. speaker , and further by him charged with sundry of the said parts collected out of the said book , he submitted himself to the house , refusing to make any answer or defence at all in the matter , but acknowledging his error , prayed pardon of the whole house with all his heart ; and that done , was sequestred . after which , upon sundry motions and arguments had touching the quality and nature of his fault , and of some proportionable forms of punishment for the same , as imprisonment , fine , banishment from the fellowship of this house , and an utter condemnation and retractation of the said book , it was upon the question , resolved by the whole house without any one negative voice : . that he should be committed to prison . . and upon another question likewise resolved , that he should be committed to the prison of the tower , as the prison proper to this house . . and upon another question , it was in like manner resolved , that he should remain in the said prison of the tower by the space of . months . . and so much longer as until himself should willingly make a retractation of the said book , to the satisfaction of this house , or of such order as this house shall take for the same , during the continuance of this present parliament . . and upon another question is was also in like manner resolved , that a fine should be assessed by this house to the queens majesties use , upon the said mr. hall for his said offence . . and upon another question also it was resolved in like manner , that the said fine should be marks . . and upon another question also it was likewise resolved , that the said mr. hall should presently be severed and cut off from being a member of this house any more , during the continuance of this present parliament . and that mr. speaker , by authority of this house , should direct a warrant from this house to the clerk of the crown-office in the chancery , for the awarding of the queens majesties writ to the sheriff of the said county of lincoln , for a new burgess to be returned into this present parliament for the said burrough of grantham , in the lieu and stead of the said arthur hall , so as before disabled any longer to be a member of this house . . and upon another question it was also in like manner resolved , that the said book and scandalous libel should , and shall be holden , deemed , taken and adjudged to be utterly false and erronious . and that the same shall be publickly testified , affirmed and set forth to be false , seditious and erronious , in such sort , order and degree as by this house shall be , during this session of parliament , further determined in that behalf , which done , the said mr. hall was brought in again to the bar , unto whom mr. speaker in the name of the whole house , pronounced the said judgment in form aforesaid , and so the serjeant was commanded to take charge of him , and convey him to the said prison of the tower , and to deliver him to mr. lieutenant of the tower , by warrant from this house to be directed and signed by mr. speaker for that purpose . which done , and the said mr. hall had away by the serjeant , it was agreed ( upon a motion made by the speaker ) that the whole course and form of the said proceedings and judgment of this house against the said mr. hall , should be afterwards orderly digested and set down in due form , to be first read in this house , and then so entred by the clerk as the residue of the orders and proceedings of this house , in other cases , are used to be done . and so it was afterwards drawn into form , read unto the house , aud entred by the clerk accordingly , in haec verba : ( viz. ) whereas it was informed unto this house , upon saturday being the fourth day of this present february , that arthur hall of grantham in the county of lincoln esquire , had sithence the last session of this parliament , set forth in print and published a book , dedicated unto sir henry knyvet knight , a good member of this house , without his privity , liking or allowance , in part tending greatly to the slander and reproach not only of sir robert bell knight , deceased , late speaker of this parliament , and of sundry particular members of this house , but also of the proceeding of this house in the same last session of parliament , in a cause that concerned the said arthur hall , and one smalley his man ; and that there was also contained a long discourse tending to the diminishment of the ancient authority of this house ; and that thereupon by order of this house , the said arthur hall was sent for by the serjeant of this house , to appear on monday following , which he did accordingly : whereupon being called to the bar , and charged by the speaker with the information given against him , he confessed the making and setting forth thereof : whereupon the said arthur hall being sequestred , the house did presently appoint divers committees to take a more particular examination of the said cause , and of all such as had been doers therein ; which examination being finished by the said committees , they informed this house that they had charged the said arthur hall with contempt against this house the said last session , in that being enjoyned by this house to appear there at a time by this house prefixed , departed out of the town in contempt of the court , and afterwards testified and asserted the same his wilful contempt , by an unseemly letter addressed by him to this house ; and charged him also with publishing the conferences of this house , abroad out of the house , and that also in print , in manner of a libel , with a counterfeit name of the author , and without any name of the printer : in which book or libel was contained matter of reproach and infamy to sundry good members of this house in particular , and of the whole state of the house in general , reproaching and embasing what in him lay , the power and authority of this house ; and untruly reporting the orders of this house , affirming amongst other great reproaches , that he knew of his own knowledge that this house had judged and proceeded untruly ; and further charged him , that he had therein also injuriously impeached the memory of the late speaker deceased , affirming that the orders of this house were not by him truly delivered or set down , but altered and changed . and not herewith satisfied , hath in some part thereof contained a false and slanderous discourse against the antiquity and authority of the commons house , or third estate of the parliament ; wherein he hath falsly sought , as much as in him is , to impugn , deface , blemish and diminish the power , antiquity and authority of this house , and the interest that it hath always , and in all ages had , to the great impeachment of the ancient order and government of this realm , the rights of this house , and the form of making laws . and that since his being before the lords of the councel for his said offence , and after he had received rebuke of them for the same , and had offered some form of submission in that behalf , he had eftsoons again published the said book ; and that upon his examination in this house , he had denied the having of any more then one of the said books , yet it was proved he had . or . of them , and . of them since the time he was called before the lords of the councel : and that he had by his letters given order to have — of those books printed , which was done accordingly ; and that he had caused one of the said books , sithence this session of parliament , to be sent to sir randal brewerton kt. unto all which , as the said arthur hall could make no denial , or sufficient answer , so the said committees setting forth the nature and qualities of the said offences in their several degrees , moved in the end that the said arthur hall might be called into the house , to answer unto those points before the whole house , and so thereupon to proceed to some speedy end , perswading therewithal a due consideration to be had of spending the time as much as might be , in such matters of the realm , for which this parliament was chiefly called . whereupon after divers other motions and speeches had in the said matter , the said printer was brought to the bar , and being examined , avowed , that arthur hall after he had been before the lords of the councel , came to him , and told him , that he had answered the matter for the said books before the councel ; and that therefore the said printer might deliver the said books abroad ; affirming also , that whereas the said henry bynnyman the printer , sithence this session of parliament , and since his last committing , wishing unto the said arthur hall , that all the said books had been burned before he meddled with them ; that arthur hall should say to him again , he would not so for l. and then he being sequestred , arthur hall was brought to the bar , where after some mean reverence by him done , though not in such humble and lowly wise , as the state of one in that place to be charged and accused , required ; whereof being admonished by the speaker , and further by him charged , as well with the said parts collected out of the said book , as with other his misdemeanours and contempts aforesaid , he in some sort submitted himself to the house , acknowledging in part the matters wherewith he was charged , and in some other parts denied the same , but not making any good defence in the matter , but acknowledging in part his errors , imputing it for the most part to his misprision , and that in other parts the matters were gathered otherwise than he meant ; and thereupon he prayed pardon of the house , and that done , was sequestred . after which , upon sundry motions and arguments had touching the nature and quality of his faults , and of some proportionable forms of such punishment for such grievous offences , it was upon the question resolved and ordered by the whole house , without any one negative voice , that he should be committed to prison . and upon another question likewise resolved and ordered , that he should be committed to the prison of the tower , as the prison usual for offenders to be committed unto by this house . and upon another question it was in like manner resolved and ordered , that he should remain in the said prison of the tower by the space of months , and so much longer , as until himself should willingly make a particular revocation or retraction under his hand in writing , of the said errors and slanders contained in the said book , to the satisfaction of this house , or of such order as this house shall take for the same , during the continuance of this present session of parliament . and upon another question it was also in like manner resolved and ordered , that a fine should be assessed by this house to the queens majesties use upon the said arthur hall , for his said offence . and upon another question it was resolved and ordered in like manner , that the said fine should be marks . and upon another like question it was likewise resolved and ordered , that the said arthur hall should presently be removed , severed and cut off , from being any longer a member of this house , during the continuance of this present parliament ; and that the speaker by authority from this house , should direct a warrant from this house to the clerk of the crown-office in the chancery , for the awarding of the queens majesties writ , to the sheriff of the said county of lincoln , for a new burgess to be returned into this present parliament , for the said burrough of grantham , in the lieu and stead of the said arthur hall , so as before disabled any longer to be a member of this house . and upon another question it was also in like manner resolved and ordered , that the said book or libel was and should be holden , deemed , and taken and adjudged , to be for so much as doth concern the errors aforesaid , condemned . which done , the said arthur hall was brought in again to the bar , unto whom the speaker in the name of the whole house , pronounced the said judgement in form aforesaid ; and so the serjeant commanded to take charge of him , and convey him to the said prison of the tower , and to deliver him to the lievtenant of the tower by warrant from this house , to be directed and signed by the said speaker for that purpose . whereas by a former order of this house , arthur hall esq was committed prisoner to the tower of london , there to remain by the space of months , and so much longer , as until himself should willingly make a general revocation or retractation under his hand in writing , of certain errors and slanders , contained in a certain book set forth in print , and published in part , greatly tending to the slander and reproach of sir robert bell kt. deceased , late speaker of this present parliament , and of sundry other particular members of this house , and also of the power , antiquity and authority of this house , to the satisfaction of this house , or of such order as this house should take for the same , during the continuance of this present session of parliament , as by the same order made and set down by this house , upon tuesday being the th . day of february foregoing , in this present session of parliament , more at large doth and may appear . and where also the said arthur hall hath ever since the said order taken , remained in the said prison of the tower , and yet still doth , and hath not at all made any revocation or retraction of the said slanders , errors and vntruths , to the satisfaction of the said house , according to the said order ; it is now therefore ordered and resolved by this house , that the further allowance of such revocation or retractation to be hereafter made as aforesaid , shall be referred unto the right honourable sir francis knolls knt. one of her majesties most honourable privy councel , and treasurer of her highness's most honourable household ; sir james croft knt. one other of her majesties most honourable privy councel , and comptroller of her majesties said most honourable houshold ; sir christopher hatton knt. one other of her highness's said most honourable privy councel , and vice-chamberlain to her majesty ; sir francis walsingham knt. and thomas wilson esq her highness's two principal secretaries ; sir walter mildmay knt. one of her highness ' said most honourable privy councel , and chancellor of her highness's court of exchequer ; and sir ralph sadler knt. one other of her highness said most honourable privy councel , and chancellor of her highness's dutchy of lancaster , being all members of this house , or unto any three of them , to be by them or any three of them further declared and reported over unto this house , in the next session of parliament to be holden after the end of this said session accordingly . the d. case of arthur hall esq on saturday the th . day of december , notice being given to the house , of one mr. hall , a member of the same , that had not attended all this parliament , it was ordered , that the serjeant should give him warning to attend upon munday next . the business of mr. arthur hall , of which the house had been informed upon their first meeting this morning , was before the rising of the house referred to mr. wolley , mr. crumwel , mr. diggs , and mr. sands , to peruse the order touching the same , against munday next , being the day appointed by the house for the said mr. hall to appear before them . the th . case touching arthur hall esq on munday the . day of november , ( to which day the parliament had been on friday the th . day of the said month foregoing last adjourned ) mr. markham , a burgess for the burrough of grantham in the county of lincoln , shewed on the behalf of the inhabitants of the said burrough , that mr. arthur hall having been in some former parliaments returned a burgess for the said burrough , and in some of the said parliaments , for certain causes the house then moving , disabled for ever afterwards to be any member of this house at all , hath of late brought a writ against the inhabitants of the said burrough for his wages , ( amongst other times ) in attendance at the late session of parliament holden at westminster , in the th . year of her highness's reign , during which time , as also a great part of some other of the said former parliaments , he did not serve in the said house , but was for some causes as aforesaid disabled to be any member of this house , and was also then committed prisoner to the tower of london , and so prayeth the advice and order of this honourable house therein ; unto the censure and order whereof , the said inhabitants do in most humble and dutiful wise submit themselves , and so shewed the said writ , which was then read by the clerk ; after the reading whereof , and some speeches had touching the former proceedings in this house against the said mr. hall , as well in disabling him to be any more a member of this house , as also touching his said imprisonment , the matter was referred to further consideration , after search of the presidents and entries of this house heretofore had and made in the course of the said cause . on friday the d . day of december , upon a motion this day renewed on the behalf of the inhabitants of the burrough of grantham , in the county of lincoln , touching a writ brought against them by arthur hall esq whereby he demandeth wages of the said inhabitants , for his service done for them in attendance at sundry parliaments , being elected and returned one of the burgesses of the said burrough in the same parliaments ; for as much as it is alledged , that the said arthur hall hath been heretofore disabled by this house , to be at any time afterwards a member of this house ; and also that in some sessions of the same parliaments , he hath neither been free of the corporation of the said burrough , and in some other also hath not given any attendance in parliament at all : it is ordered , that the examination of the state of the cause be committed to the right honourable sir walter mildmay kt. one of her majesties most honourable privy councel , chancellor of her highness's court of exchequer , sir ralph sadler kt. one other of her majesties most honourable privy councel , and chancellor of her highness's dutchy of lancaster , thomas crumwel , robert markham , and robert wroth esquires ; to the end , that after due examination thereof by them had , ( if it shall so seem good to them ) they do thereupon move the lord chancellor on the behalf of this house , to stay the granting out of any attachment or other process against the said inhabitants for the said wages , at the suit of the said arthur hall , and the said committees also to signifie their proceedings therein to this house , at the next sitting thereof accordingly . an order delivered by mr. crumwel , entred by the consent of the house . whereas upon complaint made to this house , upon munday the . day of november , in the first meeting of this present parliament , on the behalf of the burrough of grantham , in the county of lincoln , against arthur hall gent. that the said arthur hall had commenced suit against them , for wages by him demanded of the said burrough , as one of the burgesses of the parliament , in the sessions of parliament holden in the . . . and . years of the reign of our sovereign lady the queens majecty , wherein it was alledged , that the said burrough ought not to be charged , as well in respect of the negligent attendance of the said mr. hall at the said sessions of parliament , and some other offences by him committed at some of the said sessions , as also in respect that he had made promise not to require any such wages . the examination of the said cause , on the d . day of december , in the last session of this parliament , by order of this house , was committed unto sir ralph sadler kt. chancellor of the dutchy , sir walter mildmay kt. chancellor of the exchequer , thomas crumwel , robert markham , and robert wroth esqs. this day report was made by the said committees , that not having time during the last session of parliament , to examine the circumstances of the cause , they had in the mean season by their letters advertised my lord chancellor , that the said cause was committed unto them , and humbly requested his lordship , to stay the issuing forth of any further process against the said burrough , until this session of parliament ( or meeting ) which accordingly his lordship had very honourably performed ; and the said committees did further declare , that having , during this session of parliament ( or meeting ) sent for mr. hall , declared unto him the effect of the complaint against him ; they had desired him to remit the said wages which he had demanded of the said burrough , whom they found very conformable to condescend to such their request ; and that the said mr. hall then alledged and affirmed unto them , that if the citizens of the said burrough would have made suit unto him , he would upon such their own suit then remitted the same ; so was he very willing to do any thing which might be grateful to this house , and did freely and frankly remit the same ; which being well liked of by this house , it was by them this day ordered , that the same should be entred accordingly . §. . mr. arthur hall's case stated . i. anno eliz. . mr. arthur hall , burgess for grantham , for writing a book derogatory to the authority , power and state of the commons house of parliament , had judgment , nemine contradicente . . to be imprisoned in the tower for months , and from thence till he had made a retractation of his book . . to be severed and cut off from being a member of that or any future parliament . . a fine of marks to the queen . . his book and slanderous libel adjudged utterly false and erroneous . ii. anno jacobi , . the bishop of bristol publishing a book , tending to make division and strife , wrong and dishonour , both to the lower house , and the lords themselves , was complained of by the commons to the lords . the earl of salisbury at a conference between the two houses , rebuked the bishop , that any man should presume to see more than a parliament could ; the bishop made his recantation : . that he had erred . . that he was sorry for it . . if it were to do again , he would not do it . . but protested , it was done of ignorance and not of malice . iii. anno jacobi , . dr. cowell , professor of the civil law at cambridge , writ a book called the interpreter , rashly , dangerously , and perniciously asserting certain heads , to the overthrow and destruction of parliaments , and the fundamental laws and government of the kingdom . he was complained of by the commons to the lords , as equally wounded , who resolved to censure his errors and boldness : but upon the interposition of the king , who declared that the man had mistaken the fundamental points and constitutions of parliaments , promised to condemn the doctrines of the book as absurd , and him that maintained the positions , they proceeded no further . his principles , with the evident inferences from them , were these : . that the king was solutus à legibus , and not bound by his coronation oath . . that it was not ex necessitate that the king should call a parliament to make laws , but might do that by his absolute power ; for voluntas regis ( with him ) was lex populi . . that it was a favour to admit the consent of his subjects , in giving of subsidies . . the doctor draws his arguments from the imperial laws of the roman emperors ; an argument which may be urged with as great reason , and upon as good authority , for the reduction of the state of the clergy of england , to the polity and laws in the time of those emperors ; as also to make the laws and customs of rome and constantinople , to be binding and obligatory to the cities of london and york . iv. in the same parliament , mr. hoskins a member of the commons , produced several other treatises containing as much as dr. cowell's book , all sold impune ; amongst the rest there was one blackwood's book , which concluded , that we are all slaves by reason of the conquest . upon these pernicious and false principles , our more modern authors have without controul published to the world , these , and many more dangerous positions , against the very being and honour of parliaments , and destructive to the ancient fundamental laws , priviledges , and customs of this realm . positions . . that originally the parliament consisted only of such as it pleased the king to call , none having right to come else . . that all the subject hath , is the kings : and he may lawfully at his pleasure take it from us , in regard he hath as much right to all our lands and goods , as to any revenue of the crown . . that the saxon kings made laws by the advice of the bishops , and wise men , which were no other then the privy-councel . . that the laws , ordinances , letters patents , priviledges and grants of princes , have no force but during their life , if they be not ratified by the express consent , or at least by the sufferance of the prince following , who had knowledge thereof . what then becomes of the peerage of england ? what of the bishops , deans , prebends , and other dignified clergy ? what of the charters of all corporations ? what of hereditary offices ? and what of offices and places for life ? and lastly , what becomes of the charters and priviledges of the two most famous vniversities ▪ of england , cambridge and oxford ? . that taxes and subsidies were raised and paid without any gift of the commons , or of any parliament , in the saxon times ; for instance , danegelt . . for it was matter of grace for the king to call the commons to parliament . yet afterwards the commons were called and made a house by the bishops , in the times of the barons war , the better to curb them ; yet were they never called to consult , but only to consent . . yet others deny that , and affirm that the commons had their first birth and beginning by rebellion , anno h. . and that too after the battel of lewes , when the barons had the king and prince edward in their power as prisoners , and exercised regal authority in his name . he reigned . years . . but this is not agreed by some , for they say , ab ingressu of william the first , ad excessum h. . they cannot find one word of the plebs or commons being any part of parliament ; hence another infers , that the opinion is most like , who think , that the commons giving their assent to making of laws , began about the time of e. . . the legislative power is wholly in the king , for the statutes of most antiquity ( according to the phrase of penning ) may seem to be the meer will and pleasure of the king , assisted with his councel , neither lords nor commons being named : witness , inter al. the statute of magna charta , h. . &c. . nor did the commons take into consideration matters of religion , which was only the place and function of the lords spiritual and divines to determine , and not at all appertaing to the laity : semper exclusis dominis temporalibus , & communitate regni . . as for the priviledges of the house of commons pretended to , there 's none to be found full , and firm , but only their being freed from arrests , and that hardly . . they are not called to be any part of the common councel , by the writ of summons . . nor to consult de arduis regni negotiis , of the difficult business of the kingdom . . for the writ saith , that the king would have conference and treat with the great men and peers , but not a word of treaty and conference with the commons . . their duty being only ad faciend . & consentiend . to perform and consent to such things as should be ordained by the common councel of the kingdom . . nor is there so much mention in the writ , as a power in the commons to dissent . [ no more is there in the lords writ , what then ? ] . until h. 's time the commons were often petitioning , but never petitioned to , and then directed to the right worshipful commons . . that until the time of e. . ( who was an infant ) for that i suppose was the pretended foundation of the notion , it was punctually expressed in every kings laws , that the statutes were made by the king alone : and then there began a dangerous alteration in the phrasing and wording of acts of parliament , to the disadvantage of the crown , and invading the prerogative . . lastly , for it would be tedious to trouble the reader with all their absurdities , chimaera's , and false inferences and notions with which they have stuffed their books , and imbroiled the kingdom , by imposing upon the understanding of many of the clergy and gentry in the nation ; they boldly assert , that the kings prerogative is a preheminence in cases of necessity , ( of which he is the proper and sole judge ) above and before the law of property and inheritance . and so farewell all parliaments ; and by consequence , farewell all laws . it is god alone who subsists by himself ; the right of crowns and kingdoms , and all other things , exist in mutual dependance and relation . the soveraignty , honours , lives , liberties and estates of all , are under the guard of the law , which when invaded by fraud or wit , or destroyed by force , a dismal confusion quickly veils the face of heaven , and brings with it horrid darkness , misery and desolation ; rapine , plunder and cheating , both private and publick , will be allowed and protected ; continual rebellions , unjust proscriptions , villanous accusations and whippings , illegal and lasting imprisonments and confiscations , dismal dungeons , tormenting racks and questions , arbitrary and martial law , murthers , inhumane assassinations , and base and servile flatteries , multiplied by revenge , ambition , and insatiable avarice , will become the common law of the land. all these and myriads more will be enacted for law , by force or fraud . all which that wise king james well understood , who saith , that not only the royal prerogative , but the peoples security of lands , livings and priviledges , were preserved and maintained by the ancient fundamental laws , priviledges and customs of this realm , and that by the abolishing or altering of them , it was impossible but that present confusion will fall upon the whole state nnd frame of this kingdom . and his late majesty of ever blessed memory , was of the same mind and opinion , when he said , the law is the inheritance of every subject , and the only security he can have for his life or estate , and the which being neglected or dis-esteemed , ( under what specious shew soever ) a great measure of infelicity , if not an irreparable confusion , must without doubt fall upon them . but to return back . v. anno caroli primi , dr. manwaring was impeached in parliament by the commons , for preaching and printing several sermons , with a wicked and malicious intention to seduce and misguide the conscience of the king , touching the observation of the laws and customs of this kingdom , and the rights and liberties of the subjects thereof , and to incense his royal displeasure against his subjects , and to scandalize , subvert and impeach ●he good laws and government of this realm , and the authority of the high court of parliament , to alien his royal heart from his people , and to cause jealousies , seditions and divisions in the kingdom : whereupon he had judgment , . to be imprisoned during pleasure of the house of lords . . was fined a l. to the king. . to make such submission and acknowledgment of his offences in writing , both there and at the bar of the commons house . . suspended for the term of years , from exercising the ministry . . fo● ever disabled to preach at court. . that he should be for ever disabled to have any ecclesiastical dignity , or secular office. . that his said books were worthy to be burnt ; and that for the better effecting of that , his majesty was to be moved to grant a proclamation to call them in , to be burnt in london , and both the vniversities , and to prohibit their reprinting . this was the judgment of the lords . the doctor made his submission upon his knees , first at the bar of the house of lords , and after on his knees , at the bar of the house of commons : his submission was this , i do here in all sorrow of heart and true repentance , acknowledge those many errors and indiscretions which i have committed , in preaching and publishing those two sermons of mine i call religion and allegiance , and my great fault in falling upon this theam again , and handling the same rashly , scandalously and unadvisedly , in mine own parish-church in st. giles in the fields , the th . of may last past ; i do humbly acknowledge those three sermons of mine , to be full of many dangerous passages and inferences , and scandalous aspersions , in most parts of the same . and i do humbly acknowledge the justice of this honourable house , in that sentence and judgment pass'd upon me for my great offence ; and i do from the bottom of my heart crave pardon of god , the king , this honourable house , the church , and the commonwealth in general , and those worthy persons reflected upon by me in particular , for these great errors and offences . roger manwaring . after all which , the lords ordered the bishop of london to suspend him , according to the clause expressed in the part of the judgment against him . the doctor after got a pardon , and was made a bishop , which occasioned great disturbances in the house of commons , in car. . the charge and articles against the doctor , drawn out of his own books . article i. . that his majesty is not bound to keep and observe the good laws and customs of the realm , concerning the right and liberty of the subject , to be exempted from all loans , taxes , and other aids laid upon them , without common consent in parliament . . that his majesties will and command in imposing any charges upon his subjects , without such consent , doth so far bind them in their consciences , that they cannot refuse the same without peril of eternal damnation . article ii. . that these refusers had offended against the law of god. . against the supreme authority . . by so doing were become guilty of impiety , disloyalty , rebellion , disobedience , and liable to many other taxes . article iii. . that authority of parliament is not necessary for the raising of aids and subsidies . . that the slow proceedings of such assemblies , are not fit to supply the urgent necessity of the state. . that parliaments are apt to produce sundry impediments to the just designs of princes , and to give them occasion of displeasure and discontent . it was a saying of themistius in his consular oration to jovinian the emperor , that some bishops did not worship god , but the imperial purple . this dr. as i said before , after this so solemn a judgment , did in the time of prorogation , between & car. . get a pardon , and not only so , but the bishoprick of st. davids ; which occasioned great debates and disturbances in the parliament when they reassembled again , the power and validity of his pardon being brought in question , and several times argued : but the dissolution of the parliament put an end to the dispute for that time . but in the parliament before the long parliament of . the lords highly resented it , as may appear by following proceedings . this day was read the declaration of the house of commons made tertio caroli regis , against dr. manwaring , since lord bishop of st. davids , and likewise the sentence pronounced against him by the lords spiritual and temporal in the high court of parliament , which is committed to the consideration of the lords of the grand committee for priviledges ; and it was moved , that what can be alledged on the lord bishop of st. davids part , either by pardon , license , or otherwise , that it may be produced and seen at the sitting of the lords committees , for theirfull and clear understanding , and better expedition in the business . having taken into consideration the business concerning dr. manwaring , it was ordered , that upon munday next the records be brought into the house , that the house may determine the cause touching dr. manwaring . the business appointed this day concerning dr. manwaring , is referred until to morrow morning , viz. aprilis . the lord keeper by command from his majesty was to let their lordships know , that his majesty had understood that there was some question concerning doctor manwaring now bishop of saint davids , and that his majesty had given command that the said dr. manwaring shall not come and fit in parliament , nor send any proxy to the parliament : thereupon it was ordered to be entred so . and between that and the next parl. as i am informed , he died . vi. anno caroli primi , dr. mountague was complained of in the house of commons , for writing and publishing several tenents , tending to * arminianism and popery , and that he had committed a contempt against the house . * heli the priest , who teaching from without , corrupted faith , bound under laws of might , not feeling god , but blowing him about , in every shape and likeness but the right . we are to desire to conform our selves to former parliaments ; this cause began here , . jac. and then it was commended to the archbishop ; but after it was so far from cure , that another book of appeal came out , and the parliament , caroli sent to the archbishop to know what he had done ; who said he had given mountague admonition , and yet he printed that second book without his consent , and so it was then debated ; and the house voted that he had done a contempt to the house of commons , and that it disturbed the church and commonwealth . since that they find that book was countenanced , and defended by bishops , and others . at the last parliament the house again took it into consideration , and voted that mountague had sowed sedition , and endeavoured to reconcile us to rome . now it was thought good that an addition should be made to the articles against richard mountague clerk. first , that he about . jac. printed a book called a gag for the puritan , and about the . jac , the treaty of the invocation of saints , and caroli , an appeal to caesar , in every of which he affirmed divers opinions , contrary to the articles of religion , and by his so doing , hath broke the laws , and disturbed the peace of the church . he said that the church of rome , had ever remained firm in their doctrine , and that the sacrifice of masses , &c. and also that contrary to his duty and allegiance , under the name of puritans , he had laid vile aspersions on divers conformable persons . and also he labours to draw men to popery , by subtile and secret ways . his appeal hath divers passages that are contumelious to his majesties father king james , and to divers worthy and learned divines . for all which the ommons pray he may be punished , for thus disturbing the peace of the church and state. two cautions are observed ; first , we meddle not with inferences and collections , but with immediate contradictions to the articles of religion , and the book of homilies ; also he is not charged with opinions contrary to the divines of england . he recites the articles as if we may depart away from grace the word ( away ) is not in the articles . also the articles do not say that men justified may fall away from that state ; as for the homilies , for the word ( away ) he puts in fall away . also he seems to make difference between the church in foreign parts , and the church of england . as for his charge of sedition , it is clear by dividing the kingdom under the name of puritans , labouring to bring his majesty in jealousie with 〈◊〉 subjects , and to stir up others in hatred against such . first , he lays the name of puritans upon the kings subjects , that are dutiful and honest subjects . in truth at the first this word was given to them that severed themselves from the church ; but he says there are puritans in heart , and puritans in doctrine , as of predestination and reprobation . also this division and aspersion is new , and under this name he comprehends some of our bishops . also he labours to bring those persons into dislike with his majesty , as dangerous persons ; he says they are a potent faction , that authority is a mote in their eye , and they are cunning and active men . and he concludes , domine imperator defende me gladio , & ego te defendam calamo . also he labours to bring them in scorn ; in his appeal , they hold the cross of christ in as great despite as julian . also he withdraws the subjects from their religion to popery , and he introduceth those mischiefs that the law seeks to prevent . by the law eliz. and other statutes , it is treason to withdraw any from the religion established ; but he cunningly infuseth popery . he saith , the points of controversie between vs and the papists , are arbitrary , and that we and they assent in some opinions , as in the point of free-will ; that their opinions and ours are all one ; and for the point of real presence , for which so many have suffered death , he saith , that they jangle without cause . also it was desired , that those absurdities and consequences we lay upon the papists , for the point of free-will , may be spared , and that they are bugbears , &c. and for converting men to popery , he speaks favourably of the pope ; that he is the first and greatest bishop , and fit to determine controversies ; and that the pope is not antichrist , he spends a whole chapter in that ; and that the romish church is part of the catholick church , we mention in our creed ; and for popish ceremonies , he commends and approves pictures in churches ; and so for the cross he saith , caro signetur ut anima . also he labours to reconcile papists and vs ; whereas if we offer composition , we lose or part with somewhat . also he lays scandals on us , and our doctrine , that there is no certainty in our points of difference , and that our divines themselves differ . also he favours those practices that have been used by the king's enemies : a spaniard saith , nothing is better for the ruine of the english , than to establish a faction amongst them , which he labours to effect . his tenents dishonourable to k. james , who was diligent to prevent arminianism ; now he labours to discredit the synod at dort. also k. james in his learned works proves the pope to be antichrist ; but mountague said , he never had a probable argument thereof . also he puts disgraces on protestant divines , that calvin , perkins , and beza , are dictators ; and that beza doth puritanize ; and dr. whitacre , that he was a man of their side . his prophaneness in speaking of preaching , and other exercises of religion ; in preaching in pulpits they brawl , &c. and conferences after sermons , he calls them prophetical determinations , and to chew the cud as after lectures , bible - bearers , &c. it was ordered , that the articles be presented to the lords , and that mountague be transmitted to the lords . after which , the parliament was prorogued to the th . year of that king's reign , where the commons were upon him again , and questioned a pardon he had got in the time of prorogation ; but shortly after the parliament was dissolved . § . some presidents wherein the house of commons have for misdemeanors turned out and discharged their members . i. anno eliz , dr. parry for several misdemeanors and crimes , was disabled to be any longer a member in the house . ii. an. jac. sir giles mompesson for being a monopolist , and for other great and insufferable crimes by him committed , to the abuse of his majesty , and grievous oppression of the subjects , was . turned out of the house . . committed to the tower. and after impeached before the lords , who gave judgment upon him : . to be degraded of the order of knighthood . . to stand perpetually in the degree of a person outlawed for misdemeanors and trespasses . . his testimony never to be received in any court , nor to be of any inquisition or jury . . to be excepted out of all general pardons . . that he should be imprisoned during his life . . not to approach within . miles of the courts of the king or prince , nor at the kings high court usually held at westminster . . that the king should have the profits of his land for life , and all his goods and chattels , and should be fined at l. . he was also disabled to hold or receive any office under the king , or for the commonwealth . . and lastly , ever to be held an infamous person . iii. and in the parliament jacobi , sir john bennet knight , * one of the members of the house , having been accused for corruption , in receiving divers bribes in the execution of his judicial place of judge of the prerogative court of canterbury : all which was proved to the full satisfaction of the house . ordered by the commons house of parliament , . that a warrant should issue under mr. speakers hand , directed to the sheriffs of london and middlesex , for the safe keeping of the said sir john bennet , until they shall receive other directions from the lords ; to whom the commons had resolved to prefer an impeachment against him . . that he be put out , and no longer to continue a member thereof . . that a warrant be made for a writ for a new choice for the vniversity of oxford . iv. in the same parliament , the commons house of parliament for that sir robert floyd had been a projector of a patent for a monopoly , being a general grievance both in the original creation , and in the execution : resolved una voce , that the said sir robert floyd was a person unworthy to continue a member of this house , and adjudged him presently to be put out . v. anno car. . mr. john barbour a lawyer , and recorder of the city of wells , for subscribing a warrant for the quartering of souldiers ; though he pleaded fear ; yet because he would rather not lose his place than do justice , he was thought unfit to make laws , that violates the laws , his fault being aggravated by his profession ; he had done well to have remembred r. . when belknap amongst other judges gave his opinion for fear , unwilling to lose his cushion ; when he came home he could not sleep , but said , i deserve three h. h. h. a hurdle , a halter , and a hangman . h. . a law was made , that fear , much less ambition or avarice , should be no good plea , there being no hope of a coward . this may serve as an almanack for the meridian of england . this example will prove more and try more than points of doctrine ; it will strike fear , circumspecta agatis : mr. barbour was called in to answer for himself , and after withdrew , and ordered , . that mr. barbour be suspended the house , and sequestred , till the pleasure of the house be known . . that a committee examine the cause , and that no motion be made till that be done . . and the order was signified to mr. barbour by the serjeant . § . some presidents for punishing persons that were no members of the house , for contempts ànd misdemeanors . i. anno e. . criketost for confederating in the escape of one floud , was committed to the tower , and afterwards discharged paying his fees. ii. complaint was made by sir herbert croft , of bryan tash a yeoman of his majesties guard , for keeping out of the doors of the vpper house ; and sir herbert himself , and some others of the commons offering to come in , he repulsed them , and shut the door upon them , with these uncivil and contemptible terms , goodman burgess you come not here . the question moved in this was , that for so great contempt , whether the house of it self should proceed to punish , or address themselves to the proper officcr the lord chamberlain , captain of the guard , &c. and so was left for this day . a president of the like contempt by a gentleman-usher , remembred to have been questioned in this house in a parliament in her majesties time . this day the contempt of the yeoman of the guard was again remembred , and propounded as meet to be left to the examination and report of the committee for returns and priviledges . but herein an honourable person , and a special member of the house , interposed his advice , that there might be some moderate course taken with respect to his majesties service , and to the eminent and honourable officers whom it might concern : which induced the house thus far to be pleased , that the offender the next day should appear and answer his contempt at the bar , with caution and on purpose ( which the house did then utter ) that if he seemed to understand his own offence , and be sorry for it , and would submit himself to the pleasure and mercy of the house , praying pardon and favour , they would remit and discharge him ; and the serjeant was commanded to attend the said order for his appearance . bryan tash a yeoman of the guard , for his contempt to the house , being in the custody of the serjeant , and brought to the bar , upon his submission and confession of his fault , mr. speaker pronounced his pardon and dismission , paying the ordinary fees to the clerk and serjeant ; and in the name of the house gave him advice and warning , for his better care and carriage hereafter , upon any the like occasions , in the course of his service and attendance . iii. anno jac. the commons house of parliament adjudged sir francis mitchell , a lawyer , to be prisoner in the tower , for his many misdemeanors in and about the procuring of a patent concerning the forfeitures of recognizances , and of alehouse-keepers ; and further ordered , that a serjeant at arms should forthwith take him into his custody , and that at two of the clock that afternoon , should carry him on foot through london-streets unto the tower , there to be delivered to the lieutenant . after which the commons impeached him before the lords ; who having examined his arbitrary acts , great crimes , and intollerable villanies , by imprisonments and the ruine of many families , all proved , as may be seen in the lords journal . the lords agreed of the sentence of sir francis mitchell , sent a message unto the house of commons , that the lords have proceeded against sir francis mitchell upon the complaint of the commons , and they have found him guilty of many exerbitant offences , and are ready to give judgment against him , if they with their speaker will come to demand it . answered , they will come accordingly with all convenient speed . in the mean time the lords put on their robes . the commons being come , and the speaker at the bar , after low obeysance he said , there was heretofore related unto your lordships by the house of commons , a complaint of many griivances against sir giles mompesson , and sir francis mitchell , for many offences committed by them , committed against the king and the commonwealth : your lordships have proceeded with mompesson , and given judgment also against him ; understanding you are ready to pronounce judgment also against the said sir francis mitchell , i the speaker , in the name of the knights , citizens and burgesses of the commons house of parliament , do demand and pray that judgment be given against him the said sir francis mitchell , according to his demerits . the lord chief justice pronounced the judgment , in haec verba . mr. speaker , the lords spiritual and temporal have taken into due consideration the great care and pains taken by the commons , to inform their lordships of the great complaints , and the qualities and natures thereof , presented unto them against the said sir francis mitchell , and others ; whereof their lordships being well prepared by them to the true understanding of the same , and thereupon have proceeded to the perfect discovery thereof , by examination of divers witnesses upon oath , do find thereby sir francis mitchell clearly guilty of many great crimes and offences against his majesty and the commonwealth , and have tesolved at this time to proceed to judgment against him for the same : and therefore the lords spiritual and temporal of this great and high court of parliament , do award and adjudge , . that the said sir francis shall stand and be from henceforth degraded of the order of knighthood , with reservation of the dignity of his now wife and children , and the ceremony of degradation to be performed by direction of this court , to the earl marshals court. . that he shall be imprisoned during the kings pleasure in finsbury gaol , in the same chamber there which he provided for others ; the tower where he now remaineth , being a prison too worthy for him . . that he shall undergo a fine of l. . that he shall be disabled to hold or receive any office under the king , or for the common-wealth . iv. anno jac. the commons after a conference with the lords , referred the bailment of matthias fowles , george geldard , and other prisoners , who had been infamous agents for mompesson and mitchell , and by them transmitted to the lords , ( the parliament being to be adjourned for some time ) the opinion of the commons was , that the gaol was the best bail for them . v. anno jac. dr. harris , minister of blechingley , who had misbehaved himself by preaching , and otherwise with respect to election of members of parliament there , and being complained of in the house , and referred to a committee ; the committee was clearly satisfied that it was a high and great offence ; they are of opinion he should be called to the bar as a delinquent , to be admonished , and to confess his fault there and in the countrey , and in the pulpit of the parish-church , on sunday seven-night before the sermon . the doctor was brought to the bar , and kneeled ; the house agreed with the committee , and mr. speaker pronounced judgment upon him accordingly . vi. anno car. . mr. burgesse , a minister in oxfordshire , who had abused his function in the duty of catechizing , by making an interlude full of blasphemous speeches ; and also in a sermon , which was made only to traduce the puritans , was sent for by a messenger ; being brought to the committee , refused to answer , for which he was committed : . to the tower. . after petitioned for his deliverance , and humbly submitted ; whereupon he was delivered out of the tower. vii . in the same parliament , sir william wray , mr. langton , mr. john trelawnie , and mr. edward trelawnie , being deputy-lievtenants of the county of cornwall , assumed to themselves a power to make whom they only pleased , knights of the shire , defamed sir john elliot , and mr. corriton , who stood to be chosen , sent up and down the countrey letters for the trained-bands to appear at the day of election , menaced the countrey , under the title of his majesties pleasure . it was ordered , . that mr. langton and mr. john trelawnie be committed to the tower , for their offence done to the house , there to remain during the pleasure of the house , and that they make a submissive acknowledgment of their offences . . and sir william wray , and mr. edward trelawnie , be committed to the serjeant , and so to remain till they make their recognition in the house . after all which , the question was , whether the gentlemen should make the recognition at the assizes in cornwall , or no : and it was ordered , that the recognition and submission should be made in the countrey ; and a committee was appointed to draw the recognition , and they were sent to the tower. the four gentlemen were called in to the bar , and the speaker pronounced the judgment upon them , all that while they kneeled . viii . anno car. . sir thomas wentworth reporteth the business , concerning the toll granted to levet for — bridges in yorkshire , to him and his heirs , to be holden in soccage of east-greenwich , at s. rent , with power to seize goods , &c. no grant hereof till jac. nor any fruit thereof till jac. the bridge anciently in good repair , some particularly bound to repair it . this patent adjudged by the committee a grievance to the subject , both in the original creation and execution . upon question so adjudged here : ordered upon question , that levet , that hath peremptorily exercised a patent , here condemned the last session , for taking toll at — bridges in yorkshire , shall be sent for by the serjeant at arms attending upon this house . ix . anno car. . mr. rolls a merchant , and a member of the house , informed the house that his goods were seized by the customers for refusing to pay the customs by them demanded , although he told them he would pay what was adjudged to be due by law. it was ordered , that the officers of the custom-house should be sent for . x. sir john elliot reported from the committee for the examination of the merchants business , that the committee finding acton sheriff of london in prevarications and contradictions , in his examination , which being conceived to be a contempt to the house , he desires he might be sent for to answer his contempt . mr. goodwyn . the sheriff acknowledgeth his error , and humbly desireth so much favour , that he may once again be called before the committee , and if he give not full content by his answer , he will refer himself to the wisdom and justice of the house . sir walter earl seconded this motion , so did alderman moulson , secretary cook , chancellor of the dutchy , and some others : but this offence being declared to be so great and gross , and that the committee had given him so many times to recollect himself , and he being so great an officer of so great a city , had all the favour that might be , and yet rejected the same , and carried himself in a very scornful manner . wherefore it was ordered he should be sent for unto the house as a delinquent to morrow morning . sheriff acton was called to the bar , as a delinquent upon his knees , and said , if he hath erred , it was through want of memory , or through ignorance , for he intended not the least dislike or distaste to any member of the house ; and withdraws . mr. long. i shall move that he be sent to the tower. mr. littleton . you see the affronts by books , by preaching , by rumours ; by being served with process , these scorns are daily put upon us , that we are become but a meer scare-crow ; the neglect of our duty is the cause of this , it is high time to remedy this , or it is in vain to sit here . the sheriff is again called to the bar on his knees , and sentenced to the tower. xi . a petition was preferred against one lewis , who said ▪ about the th . of december , the devil take the parliament : which was avowed by two witnesses . and although it was spoken out of parliament , yet it was resolved to be an offence to the parliament : and it was ordered he should be sent for . § . some presidents for punishing of misdemeanours in elections . i. in the parliament of the . of king james , the mayor of winchelsey , for misbehaving of himself at the election of parliament-men for that town , and making a false return . it was resolved upon the question . . that the mayor of winchelsey had committed a contempt and misdemeanour against this house , and therefore shall stand committed to the serjeant till saturday morning , then making his submission here at the bar , to be discharged of any further punishment here . . but to make his acknowledgment in the town before the new election . ii. anno jac. upon the report of mr. glanvile , concerning the burrough of arundel , because the mayor had misbehaved himself in the election , by putting the town to a great deal of charge , not giving a due and general warning , but packt a number of electors : it was resolved , . the mayor not being in town , a warrant be sent for him . . resolved upon another question , that mr. alford , mr. bing , and mr. lathorn , shall set down the charges . iii. anno jac. mr. glanvile reports the misdemeanour of the under-sheriff of cambridgshire , who refused the pole , declaring , sir thomas steward promised him to defend him against sir john cutts , and told him , he should have no wrong nor damage . resolved upon the question , that this under-sheriff shall be committed to the serjeant's custody till thursday next . resolved also upon the question , that making his submission at the bar , and acknowledging his offence , he shall be discharged from any further punishment in this place . resolved also upon a third question , that the under-sheriff shall make a further submission openly at the next quarter-sessions to be holden in the county , and acknowledge his faults . edward ingry brought to the bar , and kneeling upon his knees , mr. speaker denounced upon him the judgment of the house . iv. mr. hackwell reports from the committee about the sheriffs of york , and others , for the election of sir thomas savill . the two sheriffs , and two aldermen are delinquents ; one of the sheriffs , and one of the aldermen are most faulty : sheriff thompson had committed two offences ; first , his hasty and precipitate judgment of the election , to prevent the election of hoy : secondly , in denying the poll , being required . first , his hasty and precipitate judgment , was done without acquainting his fellow sheriff , and it was within a quarter of an hour after the reading of the writ , and half an hour after nine a clock ; and while he was doing of it , he was admonished , and told that he could not answer it , and that he might defer it ; yet he did obstinately proceed , and answered them frowardly , and said he would do it , and that he would justifie it . his excuse was thus : that it was indeed suddenly done , but it was done so formerly . but to that it was replied , that never before above two were in election . secondly , he answered , that it was not of his own head , but some aldermen advised it ; but that was alderman cooper , a delinquent for that offence . for the other offence , in denying the poll after it was demanded , and that was before he had pronounced any judgment ; but he was willing that robinson should have the poll , for he knew he could not carry it : but he refused hoy , and he was required ten times , but gave no answer at all . his behaviour before the committee was impudent , and he would answer nothing directly . the committee found this man to be an engaged man , and that he was promised to be saved harmless . for alderman henlow , he procured the company of taylors two days before the election , and published sir john savill's letters , and pressed it , and upon some he pressed it so much , that they should elect sir thomas savill , and said the parliament will not hold . he dealt with the sheriffs also , and told them divers words of sir john savill , that he would take it very ill ; and , said he , if you will choose sir thomas savill , you shall be saved harmless . also he endeavoured to procure a certificate , that sir thomas savill was duly elected ; when any refused , he said they were factious fellows , and otherwise threatned . the committee censured sheriff thompson , and this alderman henlow , first , that they should stand committed to the serjeant during pleasure . secondly , that they should acknowledge their offences at the bar in the full house , and pay all due fees before they be discharged . also they should defray all the charges of the witnesses of alderman hoy , to be assessed by four of the committee . and that they should make acknowledgement of their fault before the court of aldermen at york ; and that the mayor should certifie their submission to the house . as for alderman cooper , he assembled the company of merchants , and read sir john savill's letter for the election of his son , and also he at the election perswaded the sheriff to give judgment . sheriff atkins was only passive , and did not refuse to joyn with the other sheriff . as for the point of charges given to the witnesses of hoy , it was doubtful and objected against by some , whether it lay in our power : but it was replied , that in every court it is necessary to have power to impose fines , and why we should want power for offences that lye in our cognizance , is not to be questioned ; else the party that is duly elected , and that justifies the free election , and maintains the freedom and liberty of the common-wealth , shall be more punished then the delinquent : also we have power to imprison , which is more then a fine : also we have as much as the lords house , in those things that lye in our jurisdiction . eliz. maii , the mayor of westbury in wiltshire took l. for a return ; mr. long fined l. and ordered to bring in a bond made him for a greater sum . eliz. januar. mr. arthur fall writ a book to the dishonour of this house ; it was ordered , that the serjeant should go to apprehend him , assisted by two knights of this house . febr. he was brought to the bar , and sent to the tower , and fined marks , and expelled the house , and kept in the tower six months . eliz. martii , a fine was assessed on every one that was absent without leave . h. . cap. . our clerks book is termed a record . jac. the election of the burgess of arundel in sussex ; and there it was ordered , that the witnesses charges should be born : and then there was l. paid down by one , a member of this house . jac. a servant of justice whitlock's was arrested by one lock and moon , who were enjoyned to ride both on horse-back , with their faces to the horses tails : and mr. hackwell said , he himself self saw the execution of it in cheapside . jacobi , the baron of walton's sollicitor , being his servant , was arrested ; he claimed the priviledge , and the party that caused the arrest was fined , and it was left to the speaker to moderate the fine . jacobi , certain constables of york , for misdemeanors , were sent for up , and one was acquitted , and had l. given him for his charges . at the last parliament , sir george hastings kt. was elected knight of leicestershire , and was arrested by the sheriff at his election , and complained here , and his witnesses were ordered to have their costs paid them . ordered that thompson and henlow pay the charges of witnesses , brought up about the proof of the said election , and that they shall not be discharged from the serjeant till they pay their fees ; and four gentlemen of the house are to moderate and set down the charges in certain . and it is ordered , that they shall be committed to the serjeant , till they make their submission at the bar , and acknowledge their faults on their knees , and read a submission . as for the submission to be made at york , it was through great favour remitted by the house . to all which i shall add the ensuing president . lunae junii , jacobi . . the commons house of parliament hath this day adjudged randolph davenport esq for his offence in mis-informing the same house , in a cause wherein he was produced as a witness , to be committed prisoner to the tower , for the space of one whole month , and then to be discharged paying his fees. these are therefore in the behalf of the said house of commons , to require and charge you to receive the said randolph davenport into your custody , within the prison of the tower , under your charge , and him therein safely to detain and keep , for the space of one whole month , and then to discharge him , paying his fees ; and this shall be your warrant in this behalf . given under my hand this th . of june , . to sir allen apsley knight , lieutenant of the tower. an act to secure the debt of simpson , and others , and save harmless the warden of the fleet , in sir thomas shirley's case . soit baile aux seigniours . a cest bille ov esq les amendments annexes , les seigniours ont assentus . humbly pray the commons of this present parliament , that whereas thomas shirley kt. which came by your highness's commandment to this your present parliament , being elected and returned a burgess for the burrough of steyning , in your highness's county of sussex , was upon the th . day of march last past , arrested by the sheriffs of london , at the suit of one giles simpson , first upon an action of debt , and afterwards laid and detained in execution upon a recognizance , of the nature of the statute staple of l. in the prison , commonly called the compter in the poultrey in london , at the suit of the said simpson , and from thence by habeas corpus was removed to your majesties prison of the fleet , where for a time he was detained in execution , as well upon the said recognizance , as to answer to two actions of debt , one of l. at the suit of william beecher , the other of l. also at his suit , and to answer one other action of debt of l. at the suit of one john king , contrary to the liberties , priviledges and freedom , accustomed and due to the commons of your highness's parliament , who have ever used to enjoy the freedom in coming and returning from the parliament , and sitting there without restraint and molestation , and it concerneth your commons greatly to have this freedom and priviledge inviolably observed : yet to the end that no person be prejudiced or damnified hereby , may it please your highness , by the assent of the lords spiritual and temporal , and commons in this present parliament assembled , and by the authority of the same , it may be ordained and enacted , that the said sheriffs of london , the now warden of the fleet , and all others , that have had the said thomas in custody , since the said first arrest , their executors or administrators , or any of them , may not , nor shall in any wise be hurt , endamaged , or grieved , because of dismissing at large of the said thomas shirley , saving always to the said giles simpson , and other the persons aforesaid , at whose suit the said thomas is detained in prison , his , their , and every of their executions and suits , at all time and times , after the end of this present session of parliament , to be taken out and prosecuted , as if the said thomas had never been arrested , or taken in execution , and as if such actions had never been brought or sued against him , saving also to your majesties said commons , called now to this your parliament , and their successors , their whole liberties , franchises and priviledges , in all ample manner and form , as your highness's said commons at any time before this day have had , used and enjoyed , and ought to have , use and enjoy , this present act and petition in any wise notwithstanding . soit fait come & est desire . the petition exhibited to his majesty , by the lords spiritual and temporal in this present parliament assembled , concerning divers rights and liberties of the subjects , with the kings majesties royal answer thereunto in full parliament . to the kings most excellent majesty . humbly shew unto our sovereign lord the king , the lords spiritual and temporal , and commons in parliament assembled , that whereas it is declared and enacted by a statute made in the time of the reign of k. edward the i commonly called , statutum de tallagio non concedendo : that no tallage or aid shall be laid or levied by the king or his heirs in this realm , without the good will and assent of the archbishops , bishops , earls , barons , knights , burgesses , and other the free-men of the commonalty of this realm . and by authority of parliament holden in the . year of the reign of k. edward the iii. it is declared and enacted , that from thenceforth no person should be compelled to make any loans to the king against his will , because such loans were against reason , and the franchise of the land. and by other laws of this realm it is provided , that none should be charged by any charge or imposition called a benevolence , nor by such like charge , by which the statutes before-mentioned , and other the good laws and statutes of this realm , your subjects have inherited this freedom , that they should not be compelled to contribute to any tax , tallage , aid , or other like charge , not set by common consent in parliament . yet nevertheless of late divers commissions directed to sundry commissioners in several counties , with instructions , have issued , by means whereof your people have been in divers places assembled , and required to lend certain sums of money unto your majesty ; and many of them upon their refusal so to do , have had an oath administred unto them , not warrantable by the laws or statutes of this realm , and have been constrained to become bound to make appearance , and give attendance before your privy councel , and in other places ; and others of them have been therefore imprisoned , confined , and sundry other ways molested and disquieted ; and divers other charges have been laid and levied upon your people in several counties , by lord - lievtenants , deputy - lieutenants , commissioners for musters , justices of peace , and others , by command or direction from your majesty , or your privy councel , against the laws and free customs of the realm . and where also by the statute called the great charter of the liberties of england , it is declared and enacted , that no freeman may be taken or imprisoned , or be disseised of his freehold or liberties , or his free customs , or be outlawed or exiled , or in any manner destroyed , but by the lawful judgment of his peers , or by the law of the land. and in the th . year of the reign of k. edward the iii. it was declared and enacted by authority of parliament , that no man , of what estate or condition that he be , should be put out of his land or tenements , nor taken , nor imprisoned , nor disinherited , nor put to death , without being brought to answer by due process of law. nevertheless against the tenour of the said statutes , and other the good laws and statutes of your realm to that end provided , divers of your subjects have of late been imprisoned without any cause shewed ; and when for their deliverance they were brought before your justices , by your majesties writs of habeas corpus , there to undergo and receive as the court shall order , and their keepers commanded to certifie the causes of their detainer , no cause was certified , but that they were detained by your majesties special command , signified by the lords of your privy councel , and yet were returned back to several prisons , without being charged with any thing , to which they might make answer according to the law. and whereas of late great company of souldiers and mariners have been dispersed into divers counties of the realm , and the inhabitants against their wills have been compelled to receive them into their houses , and there to suffer them to sojourn , against the laws and customs of this realm , and to the great grievance and vexation of the people . and whereas also by authority of parliament , in the th . year of the reign of k. edward the iii. it is declared and enacted , that no man should be forejudged of life or limb , against the form of the great charter , and the law of the land ; and by the said great charter , and other the laws and statutes of this your realm , no man ought to be adjudged to death , but by the laws established in this your realm , either by the customs of the same realm , or by acts of parliament . and whereas no offendor , of what kind soever , is exempted from the proceedings to be used , and punishments to be inflicted , by the laws and statutes of this your realm ; nevertheless of late divers commissions under your majesties great seal have issued forth , by which certain persons have been assigned and appointed commissioners , with power and authority to proceed within the land , according to the justice of the martial law against such souldiers and mariners , or other dissolute persons joyning with them , as should commit any murther , robbery , felony , mutiny , or other outrage or misdemeanour whatsoever , and by such summary course and order , as is agreeable to martial law , and as is used in armies in time of war , to proceed to the tryal and condemnation of such offendors , and them to cause to be executed and put to death , according to the law martial . by pretext whereof , some of your majesties subjects have been by some of the said commissioners put to death , when and where if by the laws and statutes of the land they had deserved death , by the same laws and statutes also they might , and by no other ought to have been judged and executed . and also sundry grievous offendors , by colour thereof claiming an exemption , have escaped the punishments due to them , by the laws and statutes of this your realm , by reason that divers of your officers and ministers of justice have unjustly refused , or forborn to proceed against such offendors , according to the same laws and statutes , upon pretence that the said offendors were punishable only by martial law , and by authority of such commissions as aforesaid , which commissions and all other of like nature , are wholly and directly contrary to the said laws and statutes of this your realm . they do therefore humbly pray your most excellent majesty , that no man hereafter be compelled to make or yield any gift , loan , benevolence , tax , or such like charge , without common consent by act of parliament ; and that none be called to make answer , or take such oath , or to give attendance , or be confined , or otherwise molested or disquieted concerning the same , or for refusal thereof ; and that no freeman in any such manner as is before mentioned , be imprisoned or detained ; and that your majestie would be pleased to remove the said souldiers and mariners , and that your people may not be so burthened in time to come ; and that the foresaid commissions for proceeding by martial law , may be revoaked and adnulled ; and that hereafter no commissions of like nature may issue forth to any person or persons whatsoever , to be executed as aforesaid , least by colour of them , any of your majesties subjects be destroyed or put to death , contrary to the laws and franchises of this land. all which they most humbly pray of your most excellent majesty , as their rights and liberties , according to the laws and statutes of this realm ; and that your maiestie would also vouchsafe to declare that the awards , doings , and proceedings , to the prejudice of your people , in any of the premisses , shall not be drawn hereafter into consequence or example ; and that your majesty would be also graciously pleased , for the further comfort and safety of your people , to declare your royal will and pleasure , that in the things aforesaid , all your officers and ministers shall serve you , according to the laws and statutes of this realm , as they tender the honour of your majesty , and the prosperity of this kingdom . which petition being read the d . of june , . the king's answer was thus delivered unto it . the king willeth that right be done , according to the laws and customs of the realm , and that the statutes be put in due execution , that his subjects may have no cause to complain of any wrong or oppressions , contrary to their just rights and liberties , to the preservation whereof , he holds himself in conscience as well obliged , as of his prerogative . but this answer not giving satisfaction , the king was again petitioned unto , that he would give a full and satisfactory answer to their petition in full parliament . whereupon the king in person , upon the th . of june , made this d . answer . my lords and gentlemen , the answer i have already given you , was made with so good deliberation , and approved by the judgments of so many wise men , that i could not have imagined but that it should have given you full satisfaction ; but to avoid all ambiguous interpretations , and to shew you there is no doubleness in my meaning , i am willing to please you in words as well as in substance ; read your petition , and you shall have an answer that i am sure will please you . and then causing the petition to be distinctly read by the clerk of the crown , the clerk of the parliament read the king's answer thereunto in these words : soit droit fait come est desire . §. . several miscellaneous presidents and orders both of the house of lords and commons . i. a standing order of the commons house of parliament , touching bills delivered to the speaker . upon tuesday the th . of this instant may , a bill being offered to the speaker of the commons house of parliament , in his way coming towards the said house , he received it , and brought it in ; and being set in his chair , after some time did openly intimate the head or title of it , purporting a declaration of treason , practised by a magistrate of this land , concealing the name of the man , and the particulars of the bill , adding , that for special causes , he hoped they would not meddle with it , or expect it should be read ; nevertheless the house inclined to have the bill read ; but upon the said speaker's motion and better consideration , resolved to forbear it for that time , expecting the return and reading of it , when mr. speaker should think meet to give the house satisfaction , as he promised shortly to do . the next day ( as was afterwards informed ) it pleased his majesty to send for the bill ; and in respect it contained matter of personal treason , ( as was likewise pretended ) properly and only touching himself , his majesty assumed unto himself the examination of the matter of the bill , and retained it in his own keeping . in all this time , the house for the more part expected an accompt of the said bill , which was this day demanded and urged by sundry members of this house ; in which debate these questions were handled : . whether the house were possessed of the bill . . what might be called possession of a bill . . whether it might deal with treason . . examine , commit , and proceed to judgment upon traitors , and with what kind of treason and traitors . . and lastly , whether a speaker receiving a bill , and reading the title , may deliver it to any , without special allowance and leave of the house . hereupon it was finally resolved and ordered , that for this time all questions should cease touching these matter , with this caution and care , proceeding from a tender regard of the priviledge of this house , that it should be precisely registred , as the judgment of the house , that no speaker from henceforth , should deliver a bill , whereof the house standeth possessed , to any whomsoever , without allowance and leave as aforesaid , but that he had power and might , either shew it or deliver a copy ; if it seems meet unto him . who by way of excuse , answered that a message was delivered unto him by a great lord , from his majestie , commanding him to send the bill unto him , and that he was warranted by former presidents , to shew the bill to the king when he was commanded ; as in the case of mr. morrice , mr. wentworth , . eliz. many motions ensued in this matter , by mr. sollicitor , sir herbert crofts , sir francis bacon , mr. brooke , mr. wiseman , sir william fleetwood , mr. crewe , mr. martin , sir henery beaumont , sir maurice berkley , sir william strowd , mr. yelverton , sir thomas hobby . much exceptions against the presidents , injurious that any speaker should deliver a bill to the king , without the privity of the house . no bill whereof the house is possessed to be delivered to the king , or any other without notice and leave of the house . we loose our priviledge , if we loose our bill . mr. speaker to pray access to the king himself , and in the name of the house , to desire the bill from his majestie . no possession of a bill , except it be delivered to the clerk to be read. if the speaker read title in his chair , ( as he did in this case ) a possession . jones the prisoner to be sent for hither , and to attend his discharge from the house . that the prisoners committed by us , cannot be taken from us and committed by any other . an order moved and agreed , that no bill whereof the house is clearly possessed , be delivered to any before the house have notice , and give leave . admitted that a copy may be delivered , or it may be shewed to his majestie . ii. mr. speaker declared to the house , a message from the king ; the message was to this effect . that his majestie having entred into a princely consideration , of the weight of the great cause in hand , as also of the great worth and sufficiency of those gentlemen that have spoken and dealt in it , he was to put them in mind , that the writ of summons that called them thither , was to consult de arduis regi ; that every man did serve for a town or a shire , that his attendance and service of the house was a great duty ; and that the departure of any member of this house was a greater contempt , than any nobleman's departure , who served only for himself ; that therefore he wished and advised , that no lawyer or other member of note might depart the house , until this great matter were brought to more ripeness and perfection ; and if the house would enter into course for the stay of them here , or for the recalling of those that be absent , his highness would assist them by his proclamation , or otherwise as they should conceive fittest . it was hereupon moved , that many have tryals at the assizes , who by their absence might receive prejudice , if some course were not taken to prevent it . propounded , that letters might be writ by mr. speaker , to the justices of assize , for stay of proceedings against any man that would require it ; which was approved and resolved by the house . mr. speaker moveth , that a time might be appointed for the calling of the house , and a punishment agreed on for the absent . others , that the house might first be called , and then a punishment thought on . that the house being called , the serjeant might be sent for those which were found absent . that a law might be thought of to provide for this mischief hereafter . these motions ended in these three questions , which by direction was made by mr. speaker , viz. . whether the house shall be called . . whether the serjeant shall be sent for such as are absent , having no reasonable excuse . . whether the house shall be called on monday come seven-night in the afternoon . which were all resolved in the affirmative , with this further direction , that the absent were to be sent for , by the order of the house , and by warrant under mr. speaker's hand ; and upon the whole matter a special order conceived ; the copy whereof was sent to sundry members that were absent , that they might be more sensible of the reason and necessity of their attendance . the form of the order was . this day mr. speaker delivered a message from his majestie , importing a consideration of the weight of the great cause in hand , of the study and travel that hath been taken in the understanding and furtherance of some good success therein , by sundry members of the house , and of the duty and necessity of the attendance of every member , representing in his voice and person , a shire , city , or at least a town the special use and service of the lawyers of the house , the great contempt in departure together , with his highnes's gracious offer of his royal power and assistance , to be added to the authority of the house , for the recalling or punishing of any member deliuquent in this behalf ; whereupon the house entered into dispute and deliberation , what course were fittest to be taken , as well for the continuing of such members as are here already assembled ; as for the return and attendance of those absent , to partake of , and assist in the great service in hand ; and after many courses and new devises of order propounded to the house . it was at last resolved upon three several questions , first , that the house should be called , secondly , that upon the calling such as were found to be absent , and had no just cause of excuse , should with the privity and direction of the house by warrant under the hand of mr. speaker ; and by the serjeant at arms , attendant upon the house , or by his deputy , be immediatly sent for , and answer fees and entries to the officers , as in case of breach of priviledge , or other contempts to the house . thirdly , and lastly , that upon munday next come sevenight in the afternoon of that day , the house shall be called . mr. hide the last day immediatly upon the kings message , pleading certain businesses of his clyents , and other his private occasions of profit and necessity ( as he pretended , ) made known to the house , that he would go out of town , and so took his leave in open audience , without the assent or leave of the house , which was taxed ; and mr. speaker warranted to write unto him , which he did in this form. the form of the speaker's letter to mr. hide . after my very hearty commendations , sithence your departure hence , there hath been complaints made to the house , that you have gone without leave and contrary to his majesties pleasure , signifyed , and the express order of the house ; this bred great dispute , and it was in a manner resolved , that you should be presently sent for by the serjeant , as being conceived to be a president of ill example and contempt other mens cases considered with yours , which led me to interpose this motion to the house ; that if you came not before munday next ( the day appointed for calling of the house , ) you might then be proceeded withal as the case did require ; and my self offering to write to you for that purpose , they desisted and left it to my care ; nevertheless for many important reasons , wherewith i will acquaint you at your coming ; i do advise you , as also require you from the house , that you forthwith repair hither , and attend the service in hand , which is now in the greatest heat and hast of proceeding ; and so i commit you to god. directed . to my very loving friend , laurence hide , esq it was also moved and resolved , that mr. speaker should write another letter to other lawyers , being gone down in the same circuit , where mr. laurence hide was , ( viz. ) mr. john moore , mr. giles tooker , mr. edward digs , and mr. nicholas hide , which also he did to this effect . the form of the letter . after my very hearty commendations ; sithence your departure hence , there hath been complaint made as well of your absence , as of many others , which hath moved the house to press some speedy course for your return ; and thereupon have commanded me forthwith to write unto you , that you make your repair hither without excuse or delay , which i would advise you to do , to prevent further question or danger , such as i would be loth you should undergo , as now the case stands . and so i commend you to the protection of the almighty . to my loving friends , mr. giles tooker , mr. john moor , mr. edward diggs , and nicholas hide esqs ; members of the commons house of parliament . iii. it is this day ordered , that a committee of the whole house , shall this afternoon consider of a fit and satisfactory answer of the kings majesties letter sent this day to this house ; and also that they shall take into their consideration such misinformations , as are suspected to have been given to his majesty , concerning the proceedings of this house , this parliament , and of all the circumstances belonging to the same . iv. sir robert phillips makes report of two informations brought , the one against dr. lamley , chancellor to the bishop of peterburrough , the other against dr. cradock a divine , and chancellor to the bishop of durham . dr. lamley is accused for extorting of unlawful fees in probate of wills , &c. . for vexing of men with impertinent , trivial , and idle causes , wherein men are forced to consume their time , and spend their estates : as for receiving money on holidays , he makes them pay s. and upwards for a discharge ; the like of opening half a shop-window ; it cost another that came to church on christmas-day with a foul band s. and for ommitting of penance , one bushell paid marks , and desired it might be imployed to charity ; he said , charity began at home . one having no sermon in his own parish , went to a parish where there was a sermon ; for this he was put to the oath ex officio , and paid s. v. as for dr. cradock , chancellor of durham , i must consider him in three capacities , and apply the faults unto them severally . first , he is chancellor to the bishop . secondly , he is a high-commissioner . thirdly , he is a justice of peace . . as chancellor , there are two charges of misgoverning himself . in refusing probate of testaments , and granting excommunications before citations . he takes bribes on both sides . . as a high-commissioner of the quorum , and so a principal man , sending out his process for recusants ; he took of one collyer l. for not appearing ; of another l. to shuffle up a clandestine marriage , &c. lastly , as a justice of peace , he took l. for the discharging of a priest ; newton killed one , he compounded for l. one allenson a batchellor of divinity , made one hanton his executor , within days he granted sequestration of the testator's goods ; dr. cradock sent them that took away his will , opened his desk , and took or bags ; and having threatned them , the doctor made sequestrators ; the bishop saith , he would seize the goods of gilbert hanton , to the use of the bishop of durham ; he came as justice of peace , and committed hanton to the constable , to be forth-coming ; the doctor broke open another desk , and took s. in money ; he made his warrant , and sent hanton to the gaol ; he laid a fine upon him of l. john widowes came to hanton , and mediateth to the doctor , for his son's imprisonment ; he would give his son l. which he doth ; the sessions indicted him by the oath of d. soame , because they thought the fine too unreasonable ; but the doctor said , that the lord of durham would be angry with him . one clement gave the doctor l. and a mare , to have an administration granted . as he was a commissioner , he took of one conyers l. of another l. and of two others l. a piece , for adultery ; of another l. as a justice of peace , for not sending one to the gaol , l. for recusancy , of one tempest for a murther , l. for adultery , before the party could free himself , l. mr. alford . the oath ex officio in this manner ; one having no sermon , went to another , and he made him pay s. for the oath , and for the same offence ; and he going to another parish , imprisoned him . sir edward cook. no man speaks against the jurisdiction , but the corruption of spiritual courts , qui tollit abusum , confirmat usum , for the oath ex officio , there is an act of parliament that they may give it , and lay-men may give it , in some cases , not in all . and herein the ancient common law , agreeth with the canon law : in the ( vel ) ed. . there was a complaint against fees : h. . there was a law to reduce them to their ancient fees , for now they exceeded : for cardinal wolsey of his devotion and charity took for probate of my lord compton's will , marks ; hence came the law of h. . we have good laws , but they are like swords shut up in their sheaths . sir edward bonstead he hath a petition of the ministers of northamptonshire , the people have been ready to rise against the abuses in the ecclesiastical courts . mr. brook. that the convocation is not a part of the higher house , neither the bishops any part of the higher house , but are there as they have temporal baronies . mr. p ym . i would not have us send up to the lords yet , till we have examined them ; for their guiltiness must be stamped here , before they go up to the lords . mr. noy . h. . the clergy and bishops are not to be arrested going to the convocation-house ; we cannot judge them , but complain of them . mr. sherwin . it is a complaint , and we must examine him , so that our complaint be certain , and not without great deliberation handled , that it may not be otherwise proved . sir nathaniel rich. that if the lords will not punish those , that we complain of , we will enter into judgment our selves , which is our ancient course . the house would not send for the accused doctors , because they were of the convocation : . to avoid offence to them of that assembly . . because of the stat. of h. . which is thus : forasmuch as the prelates and clergy of the realm of england , called to the convocation , and their servants and familiars that come with them to such convocation , often times and commonly be arrested , molested and inquieted ; our said soveraign lord the king , willing graciously in this behalf to provide for the security and quietness of the said prelates and clergy , at the supplication of the same prelates and clergy , and of the assent of great men and commons aforesaid , hath ordained and statuted , that all the clergy from henceforth to be called to the convocation by the kings writ , and their servants and familiars , shall for ever hereafter fully use and enjoy such liberty or defence in coming , tarrying and going , as the great men and commonalty of the realm of england , called or to be called to the kings parliament , do enjoy and were wont to enjoy , or in time to come ought to enjoy . vi. the commons house of parliament , in confirmation of a former declaration therein made , concerning the stay of all suits , payments , and other proceedings , grounded upon any patent or commission , condemned in the said house , as a general grievance or inconvenience to the subject , until further order and direction given therein , hath this day again upon the question resolved it to be fit , that none of the patents , commissions , or other things condemned in this house for general grievances or inconveniences to the subject , shall be put in execution , until the next access to parliament . vii . it is thought fit by the commons house of parliament , that all suits , payments , and other proceedings , grounded upon any patent or commission , condemned in the said house as a general grievance or inconvenience to the subject , should stay till further order and direction to be given therein . viii . it is this day ordered by the commons house of parliament , that the serjeant at arms attending this house , shall attach the body of john churchill , one of the deputy-registers of the chancery , and him shall take into his custody , and bring him to this house upon monday morning next , at of the clock ; and the said serjeant is in the mean time to keep him so , as none be suffered to speak with him , but in the hearing of the serjeant . ix . to the honourable the knights , citizens , and burgesses of the house of commons , in this present parliament assembled . the humble petition of the mayor , bayliffs , and burgesses of the town of northampton . that whereas your petitioners have been , and still are every way conformable to the kings majesties laws ecclesiastical , yet have they for these many years been subject to the great grievances of john lamb , doctor of the laws , chancellor to the bishop of peterborough , who not only scandalizeth the town in general , as factious , rebellious , and refractory to his majesties laws , but also countenanceth the lewdest fellows in the town , in their opposing of the governours and government ; and by himself and his surrogates , registers , proctors and apparitors , and others whom he useth as spies up and down the town and country , citeth men and women to his courts , upon small or no just occasion , but only to enrich himself and his followers , keeping two courts every fortnight for the most part , and carrying them away from the usual place where they were wont to be kept , ( as being most convenient ) unto other small towns far remote ; so that his majesties subjects are constrained to travel , some twenty , some four and twenty miles and more , to their exceeding great trouble and charges , and to the hazarding of their lives ; many being driven by reason of their courts being kept so late in the night , by candle-light , to travel home in the night-time what weather soever be . and he hath made his own brother register , and keepeth the office and records in his own house , and there maketh acts , and altereth them at his own pleasure , and hath the most part of the profits of the same to himself , as is reported , his brother only bearing the name of the register , but the chancellor's own men for the most part supplying the office ; by reason whereof there is such pilling and polling of the town and country continually , by exacting new fees , and extorting great sums of money for probates of testaments , and letters of administrations , and by causing men to prove deeds of gift in their courts , and to examine titles of lands , and to prove wills there also , though they have been proved above in the prerogative courts ; and by constraining widows to give up accompts of their administration , seven or eight years after their husbands decease , taking five nobles ( at the least ) of every one for the same ; by refusing of wills fairly ingrossed , and causing the registers men to write them out again , and so putting the country to a double charge . as also by taking great sums of money of divers persons for commuting of penance , and not bestowing it upon charitable uses ; by excommunicating of men for being in the company of others , standing excommunicated though they knew not of it , and taking excessive fees for the same ; by citing men and women to their courts for trifles , and taking eleven groats fee of every one , though they clear themselves ; by citing some to the courts in the churchwardens names , without their consent or knowledge ; by delaying of causes in the same courts , especially about assessments for the repair of churches , that it hath cost some parishes l. l. l. some more , some less , before they could have an end of it ; by bringing men to their courts only upon the judges suspicion , and there tendring the oath ex officio , upon refusal whereof they have been excommunicate , whereupon some have been driven to appeal , which hath cost some l. some l. some more , to their great impoverishing ; by citing men and women to their courts , for going to another parish to hear gods word preached , when they had no sermon at their own parish-church , and taking great fees for the same ; by citing men to their courts for opening their shop-windows upon a holiday , though it hath been market-day , as it hath been accustomed , and making men do penance , and pay fees for the same ; and some for taking money , and delivering of corn upon holidays , and for divers other trivial matters , making men to spend some s. s. s. s. some more , some less , to the great and general grievance of his majesties poor subjects : whereupon it is a general complaint , that it were far better for the country to give his majesty an yearly subsidie , then to be thus in continual vexation by the said doctor lamb , and his officers under him : in so much that there were so many petitions put up by the country , to the honourable sir edward ●ook knight , sitting as judge in that circuit , that the said doctor lamb was bound to the good behaviour for the same , and yet the grievances offered by him are still continued . may it therefore please your honours , in tender consideration of the premisses , and in a feeling commiseration of the distressed estate of the said town and country by that means , to take such speedy course for their relief , as to your wisdoms shall seem most expedient : and they and the whole country shall ever be bound to praise god for your honours , and to pray for your prosperities , &c. math. sillesby . thomas martin's grievance . . thomas martin , late of northampton , being of the parish of all saints , was presented into dr. lamb's court by william harrison , and arthur smith , church-wardens of st. giles's parish , both common drunkards ; one of them upon record , by the advice and practice of mr. stockwell the proctor , upon a fame , that he having in his hand a capons rump , should ●ay , it would make as good a churchwarden as the churchwarden of st. giles's ; mr. martin denyeth that he spake any such words , and could never have his accuser come in ; and if there were any such fame , themselves raised it in an ale-house . . they presented him likewise upon another fame , that the said mr. martin should in the church-porch of st. giles's , violently thrust upon the wife of humphry hopkins , being with child , to the danger of her life or the childs . the ground of this presentment was this : mr. bird being presented to the viccaridge of st. giles's , at his induction there was an horrible riot committed in the church , by the means of mr. sibthorp . ( as was supposed ) against mr. bird , and one base ●ellow tript up mr. bird's heels , and threatned to kill him , if he would not deliver up his box of writings ; mr. martin being mayor was called for by the constable to come to prevent murther , where he found the church-porch full of the basest people of the parish , and going into the church , perhaps some of his officers might thrust some out of his way ; but the woman protesteth , that he never did her hurt , neither did she say so , neither , could they perswade her husband to bring an action against him at the common-law , though they often urged him thereto , and so they took this course in the spiritual court ; yet the riotters were never presented into the spiritual court , because they were amici curie . upon these presentments mr. martin was cited to appear at rowell , miles from northampton , years after the pretended offences ; but being detained about the king's service , retained a proctor to appear for him ; but the chancellor said , it was a matter of office , and therefore would admit no proctor to appear for him , and presently excommunicated him ; whereupon he was forced to appeal , and since hath used all the means he could to have an end of this business by some friends , who wisht him to yield to the doctor , or else he would weary him out ; so that he was forced to give him s. and paid also s. d. for his absolution , and yet can get no end of it to this day , but is in danger to be called again , though it hath cost him l. already . . also a sister of the said mr. martins , dwelling at leicester , and coming to northampton , was desirous to go to st. giles's church , to hear mr. bird preach , and requested one of mr. martin's prentices to accompany her to the church , which he did , and they both went thither , and there staid divine service and sermon : for this the apprentice was cited to the court , and there troubled from one court day to another , from northampton to rowell , miles off , to the great hindrance of his master ; and at length they enjoyned him to pay s. d. which for fear of excommunication he was forced to borrow , and so to pay them : and she was threatned by the chancellor , that he would make her keep her brother's parish - church when she came to the town . . and because mr. martin , and divers other townsmen , refused to give him their voices , to be one of the burgesses of parliament for northampton , ( which he would fain have obtained both by fair means and threatnings ) he presently cited many to the court , and there troubled them . and amongst the rest , the said mr. martin , having about years past , by the consent of the minister , churchwardens , and parishioners , built a seat in the church for his children and servants , for their better hearing of divine service and sermons , was cited before him about the said seat ; and the chancellor took it away from him most unjustly , ( having cost him l. building of it ) and gave it to of the stubbornest fellows in the town , all opposers to authority , and one of them for his vicious life bound over to the sessions , and put out of the common-counsel of the town for the same , and since presented into the spiritual court , for incontinency with women ; and yet mr. middleton , one of the surrogates , graced him publickly in that court , and said , he was thrust out of the common-councel for his honesty . thomas martin . may , jac. whereas divers complaints have been made against john lamb , doctor in the civil laws , chancellor to the bishop of peterborough , for divers extortions , oppressions , and misdemeanours , by him and his under - officers committed , in the execution of the said office in the said diocess , and elsewhere . and whereas also it is informed , that you whose names are hereafter set down , can testifie mutually against the said john lamb , these are therefore by the direction , and on the behalf of the said house of commons , to require you and every of you , that you make your personal appearance at the said house of commons , the th . day of this instant month of may , to testifie your knowledge in the premisses : thereof i require you not to fail , as you will answer the contrary at your perils . given under my hand this th . day of may , . and it was further ordered , that robert sibthorp , and richard stockwell , should be sent for , as delinquents . x. mr. glandvile reports from the committee of priviledges , the election of monmouth , and by an order from the committee , monmouth was heard yesterday : and they received this morning a petition , that mr. walter steward was returned , and that they think his election not good : they object against him , because a scotchman , and not naturalized . he forbore to come into the house , till he had leave . the case of one lennis monck , a denizen , returned and sate here ; and so sir horace palavicino . the committee delivered no opinion in it : two orders and two petitions delivered in , to have these heard in order as they come in . resolved that those which are already in , shall be proceeded in , in order as the petitions were delivered . mr. glandvile thinks mr. steward ought not to sit here , because at the time of his election he was uncapable of it ; he that is made a denizen , is not as an englishman , that but only personal . sir dudley diggs in that parliament when bacon attorney was in question , whether he ought to sit here or no , over-ruled he ought not ; yet in favour of him he was suffered to sit here , and an express order that never any other attorney after should . to do the like by this gentleman . sir edward cook. no alien denizated ought to sit here : tros tiriusque mihi nullo discrimine habetur . the other passed sub silentio . some sit here that are under age , and ought not to sit here , because not questioned . resolved that mr. steward hath dealt very worthily in forbearing to come and sit in this house . mr. glandvile goes on with his report : resolved upon question , the election of mr. walter steward being no natural born subject , is void , and a warrant to go for a new writ for monmouth . xi . sir robert phillips reports from the committee for courts of justice heads : first , the petition of the lady darcy ; in it is a recital of her husband 's dying seised of the mannor of sutton in surrey ; with the advowson ; a grant was made to her and another by the court of wards , of the body and estate of her son , aug. jacobi , the incumbent died ; so she presented her clerk to the bishop ; so the lord keeper , septemb. presented doctor grant , the king's chaplain . she was advised to seek her ordinary course by a quare impedit , which was denied by the cursitor , who said , the lord keeper gave directions for it to be sued to the king , desires of this assembly to have relief ; this petition was retained by the committees , parties on both sides appeared , and councel . it came into question , whether an original writ might be stayed ; the lawyers vouched some presidents for it in chancery ; the committee concluded these were not proper in the cause , and not to be followed , desires an accommodation of this business between the lady and the doctor ; they gave a time , for yet they are clearly of opinion , that the lady had lost her right , and to the heir doubtful for him . they received a petition from dr. grant , who made four proffers : first , he would willingly go to a tryal with this lady , without taking advantage of lapse of time : if that could not be , he would pass an act of parliament to set her in statu quo : ly . would refer it to four judges ; to six lawyers of this house , if they should say the right was hers , he would resign . the committee had an answer from the lord keeper of two parts : first , for the denial of the quare impedit , not his purpose to justifie it , but to extenuate his proceedings therein . a question there was between the two courts , and no good correspondency between the judges ; it was presently after his coming into the place , neither corruption nor malice was in his proceedings : he offered a living equivalent of this , to the lady : he would satisfie the lady by any means this house should direct , and would labour to get grant from his majesty to sell to the heir ; he had never before , nor would do the like ; and returned thanks to the house , for their favourable interpretation of this his error . the lady darcy gave a negative answer to all ; she had appealed to the house , could find no better judgement , and to this she would stand . the committee took two things into their consideration , the ladies own particular , and the publick ; for the first , they thought it the safest way to put in a bill ; she was satisfied with this answer : for the second , the denial of the writ , divers proposals made , but at last resolved to present it to the house without any opinion of theirs , touching the offence and error of the lord keeper , was directed to report the whole narrative to the house . mr. brook said , he had never any person in admiration for advantage , had read the law , there is a market overt of the law , the common pleas , and the chancery , the shop of justice , the chancery , first , no doubt it 's a great fault to deny an original writ in the chancery , but not so much as to deny a fine in the common pleas ; just excuse , and the offer of amendments , doth much extenuate the offence , which is but singular ; the lord keeper might do this , to vindicate his right from the vsurpation of the court of wards ; it cannot stand with the gravity of this house to transmit it ; a man for one single offence ; this will be admonition enough to him , that it hath been thus agitated in this house . sir james parrot argued the offence of the lord keeper , in the denial of an original writ ; some excuses are alledged : first done within a short time after he came in ignorantia juris , in a judge . another excuse offered ; a contention between two courts ; this rather aggravates than extenuates his offence ; being his own case , he ought not to have stayed justice ; this thought a sole fault , yet a great fault ; but he thinks it not a sole fault . he is informed , that there are more faults of the like kind objected to the lord keeper : proposed , to have that examined ; then it will be a sole fault ; two other petitions before the committees before the lord keeper , of mrs. ' thomas , and sir francis fuliambe ; to have these two fully heard tomorrow , and then to grow to a resolution of this ; in the mean time to have the cursitor examined about the other , whether another quare impedit , or ne admittas was not denied . sir thomas hobby moved to begin in order with the parts of the reports : first , to the writ that which is amiss in the inheritance , and then to consider of the faults , to have the bill read . mr. price alledged , no corruption nor ill intention appears in the lord keeper ; a difference between things evil in themselves , and evil by success ; the lord keeper came young to his place , and from a strange speculation , and found this president ; therefore to have some course taken to right the lady , and to limit that vast court. mr. sollicitor thinks the answer of the lord keeper's very fair and satisfactory , if it be rightly understood ; and so the debate went off . xii . sir edward cook reports from the committee of grievances , a complaint against the bishop of norwich ; the charge is great and strange , consisting of four parts . first , the city of norwich having parishes , he sent for the preachers of the city , and told them they had preaching enough , and the morning preaching needless , wished them to cease the mornings exercise : this aggravated by divers circumstances , a letter written to him by the metropolitan , about the kings pleasure for preaching after this his inhibition ; the cathedral church , the elbow of the city , not above can hear , yet all to come thither , above people in norwich . the second , * there came up images and crucifixes , counted laymens books , and the lord bishop blessed those that set up those ornaments ; a dove in the font , fluttering over the water to sanctifie it . rot. parl. e. . num . , , . the commons dealt with the provisors , they complained they had not spiritual food , for cardinals put into churches shoemakers and taylors . e. . called bonum parliamentum , a complaint of the popes usurpation , not feeding the flock ; rome called the sinful city , and that all the ill that hath befaln this kingdom , hath come from thence . r. . num . . . h. . and a great many more presidents ; so that this complaint is proper for this place . the third was , extortion by orders of the archbishop ; and by their own canons the iees set down , these very much exceeded . . old institutions now registred , which is very dangerous for disherisons . they have not heard his defence . e : inter brevia , a complaint against the bishop of hereford for non-residency , not lying within his diocess ; all bishops ought to be resident , unless they be in the kings service : where the people are not taught , the king hath but half subjects ; the readiest way to make rebellions . the committee thought it worthy to be transmitted up to the lords . resolved upon question without a negative , that this matter shall be transmitted up to the lords , sir edward cook to do it , and a message to be sent to the lords for a conference about it . the commons desire their lordships for a conference , touching some accusations against the lord bishop of norwich , ( unto which his lordship hath not yet been heard ) humbly leaving the time and place to their lordship . the lords appointed the th . of this month to confer with the commons , touching their complaint against the lord bishop of norwich ; being returned , the lord arch bishop of canterbury , reparted the same to the house to this effect , viz. that the commons had received of complaint exhibited by the citizens of norwich , against the said lord bishop , and to shew that it was ordinary for the commons to complain of the governours of the church , divers records of parliament ; were cited , viz. anno e. . r. . and h. . all which were cited to satisfie tacite objectionis , for their medling with a cause of this nature . that the charge against the lord bishop consisted of six parts . . that he inhibited or dishartned preachers on the sabath day , in the forenoon . . that images were set up in the church , and one of the hoey ghost , fluttering over the font , and a marble tomb pulled down , and images set down in the room , and the bishop blessed them that did it . . that he punished those that prayed not toward the east . . that he punished a minister for chatechising his family , and singing of psalmes . . that he used extortion many ways . . that he did not enter institutions to the prejudice of patrons . for the first , it was said that there was . churches in norwich , and in those parishes or people ; that the lord bishop sent for the preachers by apparitor , and told them there was no need of preaching on sunday in the forenoon , except in the cathedral church , where or only could hear , many dwelling three quarters of a mile off , and many being old , and not able for their age to come so far . that this inhibition was , when the king had commanded more preaching . that his lordship connived at recusants : all which was to the disheartning of good professors . it may be objected , his lordship allowed of catechizing , ergo no preaching necessary ; but he commanded to ask bare questions , and nothing else , ergo no instructions . that this is done against the canons of the church ; and that there is no obedience without knowledge the outward man is not conformed , unless the inward man be reformed , and cited the canons . quicunque contrist averit doctorem veritatis , peccat in christum ; and the canon , jac. c. . for command of preaching , for the d . touching the setting up of images , it was said to be against acts of parliament , against the canons of the convocation , the book allowed in the king's time of h. . c. . against images ; pilgrimages will follow , against e . and the homilies approved , anno eliz. forbidding of images in churches . the d. for prayer to the east , which gratianus affirms , came by tradition , part . decret . . and that it is superstitious , lingwood in his gloss. lib. . title de feriis , non refert si versus orientem , &c. that the lord bishop excommunicated many , and enjoyned penance to divers for not praying to the east , and some did their penance , with a whith rod in their hand for proof , whereof it is under the bishops hand . the fourth , one peck a minister catechized his family , and song psalms , and his neighbours came in on the sundays after evening prayer , and the lord bishop enjoyned them to do penance , for this their resorting to catechisme , and singing of psalms , and to say , i confess my error ; which acknowledgment is under the bishops hand , they which refused , were excommunicated , and paid l. charges . . touching extortions was shewn , that in the table of fees , is set down , from institutions s. d. whereof to the bishop s. that this lord bishop is register also ; and now his lordship taketh for institutions l. s. and for united churches double , viz. l. s. and that communibus annis , there are iustitutions . for admission into sacred orders , nothing should be taken ; if any , it is symony ; yet the lord bishop hath now taken s. or s. the bishop and register being all one . to serve cure , s. is due , his lordship taketh s. d. to teach school , s. d. his lordship taketh s. d. and if of ability , s. for every consignation of a decree , d. which cometh to l. per annum , for which there should be nothing paid , no consignation being in the table , but with another hand set down in archbishop whitguift's hand . sixthly , that the institutions to benefices are not registred , which overthroweth patronages , if it be returned , scrutatis archivis non invenitur , when the right comes in question ; yet the fees are greater than before : the commons concluded with these two remembrances . the first , that they received this complaint before easter last , yet they proceeded not in the examination thereof , till they received a certificate of the mayor of norwich . the second is , that there is a law that none shall be punished for complaining in parliament . this report ended , the lord bishop of norwich stood up in his place , and answered the same to this effect , viz. the answer of the lord bishop of norwich , to the complaint of the commons . first , his lordship confessed the charges in the said complaint to be so great , and so grievous , that , were he guilty thereof , he would desire himself to be punished : which , whether he be guilty , or not , he will leave to their lordships most exact and severe examinations ; wherein he desired them not to spare him , and he would ever acknowledge and commend their justice and honour . his lordship protested he was not way guilty of the first part of his accusation ; if he were , then he was unworthy to bear the name of a clergy-man ; and shewed the unworthiness of such as should dishearten preachers from preaching the word of god : his lordship shewed also , ( desired first that he might not be taxed with ostentation , ) his own practice in preaching , while he was vicar and parson , that he preached every sabbath in the morning , and catechized in the afternoon , and that he continued the like in chichester , when he was bishop there . that in norwich he never missed the publick place , and ever preached there against popery , though he had been an unprofitable , yet he had not been an idle servant , which was now his only comfort . as touching preaching and non - residents , he hath been reckoned more than half a puritan . his lordship remembred his manner of leaving his service with the late lord archbishop of canterbury , that he might go to his cure. his lordship wondred why he should be thought a papist ; he thought it might be long of his disputation , and his sermon at paul's cross of predestination negative , unadvisedly preached by him , for which he was checked by the lord archbishop whitguift , and commanded to preach no more of it ; and he never did ; though dr. abbot , bishop of sarum , hath since declared in print , that which he then preached to be no popery ; that popery is a fire that will never be quiet : he hath preached sermons since , and nothing of popery can be imputed unto him out of any of them . that there be divers obstacles to keep his lordship from popery . . the vsurpation of the pope of rome . his lordship affirmed , that no power on earth can touch a prince ; and that therefore he abhorred the usurpation of the pope over princes . . their religion is dyed with bloud . the practick course of their religion is all by jugling and feigned miracles , of which his lordship had written a book against them , which was never yet answered . . that he never spake with priest or jesuit , nor ever invited a known recusant to his table , for they never say amen to our prayers . . that their equivocation is the last , worse than which nothing can be ; his lordship held it much better to talk with the devil , than with such . then his lordship profest himself to be a true member of this church , and acknowledged the church of england to come nearest to the primitive church ; that we fetch not our reformation from wickliff , hus and luther , of later times , but from the first years next after christ. . as touching the first part of the accusation : his lordship confessed , that or of the abler sort of ministers in norwich , used to expound in their own churches before the sermon begun in the cathedral churches , and many resorted from other places to those expositions , ( for all the churches have not preachers , ) and in the afternoon to their sermons . the preachers themselves found fault with this , being willing to be rid of the pains , as his lordship thought ; for they were to preach in the afternoon , and in the week-days , and shewed him many disorders therein , which they pretended ; as the cutting off part of the prayers , or their beginning so early , that many could not come to the common prayers , and the like ; and they besought his lordship to remedy it , for that they being but stipendary men , were loth to do it , for fear belike to lose their stipends . whereupon his lordship sent for them by an officer , and willed them to omit those expositions in the forenoon ; and yet his lordship hath since taken order for the erecting of three sermons , in the most remote places of the city from the cathedral church ; and his lordship hath erected many lectures in several places in the countrey . . as touching the images in the church , what was done is done without his knowledge . it is meant by st. peter's church , that his lordship never saw that church , till one evening as he came by ; and being often before informed of much cost done upon that church , he went in , and kneeled down to his prayers , as his use is ; and when he rose up , perceiving that they had bestowed very great cost , and not seeing or knowing at all of any image set up there , he said , god's blessing on their hearts , that had bestowed so much cost on god's house . . as touching prayer to the east , he never enjoyned it , nor heard of it till now . . for the th . part of his complaint , he perceiveth , that he hath been sifted for the whole course of his life : that this peck was sent to his lordship by the justices of the peace , for an assembly late at night in his house , his catechizing being but a colour to draw them thither : that this peck had infected the parish with strange opinions ; as not to kneel when they came to church ; that the name of jesus is no more than a common name , and that it is superstition to bow down at the name of jesus . his lordship further affirmed , that this peck had been formerly convicted for non-conformity , annis , & . and for symony , and conventicles in his neighbour's house , as appears by the acts of the register , fatetur . and that anno . he was taken in his house with of his neighbours at a conventicle : that he was now bound over by a justice , and so brought to his lordship , and his sentence against peck was only , that he should confess his fault . the others mentioned in this part of the charge , were punished for their opinions also , making no difference between an ale-house and the church , till the preacher be in the pulpit . his lordship said , he much confessed his fault , that in the penance he enjoyned them , he caused them to confess their errors , omitting their resort to conventicles , which he did at their own earnest suit . . his lordship absolutely denied , that he improved any fees , and affirmed , he hath not any of those fees that are complained of , only the fee for institution , which he took as his predecessors did ; if therein he hath committed any error , erravimus cum patribus ; and denied , that he ever had seen that table of fees , which is spoken of by the commons . . his lordship affirmed , that he had registred all the institutions . this was the effect of the lord bishop's answer ; which being ended , the prince his highness told his lordship , that he had not answered touching the paraphrase of the catechism taken away by him . whereupon his lordship replied , that the preachers used to choose a text of the creed , &c. and to ask the child some one question , and then to debate very long upon it , and never descend to the capacity of the child : that his lordship did not forbid the explanation , but willed , that it might be catechistically . thus ended the lord bishop of norwich his answer to the said complaint . it is this day ordered , that in respect of the streightness of time , that the complaint of the commons against the lord bishop of norwich , shall be referred unto the high commission , to be exammined by them , and they to make report thereof to the house . and then the house will judge thereof . xiii . timothy pinckney who had petitioned the lords jac. to be relieved for a debt owing to him and others , from sir john kineday , and that barne elmes should be sold for that purpose , which the lords then ordered ; and appointed a commission to issue out of chancery , directed to certain judges , to examine the pretences of the creditors , and see them satisfied , he complains now of the bishop of lincoln , late lord keeper , for refusing to grant out such a commission , and slighting the order . the committee had taken the depositions of three persons , who had been first sworn in the house ; the lords took into consideration this contempt of their order , heard the depositions read , and appointed sir charles caesar , and sir robert rich , to go and examine one kelwood , who was also present , when the said lord keeper refused to obey the said order ; and minister an oath unto him , to tell what he knows of any notice given to the lord keeper of the said order , and who was present march the second , upon sir charles caesar , and sir robert rich their report , of their examination of george kellwood , touching the bishop of lincoln , not obeying the order in the business of pinckney , the lords order that the deposition , after they had heard it read , and the depositions of the other three persons formerly taken to be sent to the bishop of lincoln , who was to return an answer , under his hand that day following . march the th . the bishop of lincoln sent his answer to pinckney's complaint , according to the order of march the d. in writing , to this essect ; first , in general denyed he should have spoken any thing in contempt of their lord ships order in parliament jac. having always in his heart , born such a reverence to them , for non arbitramur quenquam dicere quod non sentiat , and for the particulars , as he remembers , it being two years since , that there had been a mistake in the clerks entering it , according to the sence of the house , and pinckney had then concealed from their lord-ships , a former refference by the parliament , and the king himself , to the lord keeper , the master of the rolls , and some judges , who had made a decree in it ; and admit all were true , that is complained , yet he had ommitted the time of the complaint , of a verbal contempt , near two years being past , and two sittings of parliament , wherein he had been silent ; verbal injuries , according to the civil law , must be complained of within the year , aliter remissae censentur : contempts must be pressed the next term , or sitting of the court , against which they are committed ; scandalous words against the king , must be complained of within three months ; words of high treason , are by the laws confined to be complained of within months . all informations against any penal law , made , or to be made , must come within the compass of one year , unless it be ex parte regis , who hath a year longer ; and it is impossible for any man to give an account , of every phrase he shall use twenty months after the words spoken , lubricum tantum linguae non est ad judicium trahendum , say the civilians . and that his heart did never conceive the least derogation of any order of that most honourable house , on the bare intimation of any one peer that sitteth in the same . one passage in his answer , was , that kellwood , and especially kennedy ( a man condemned to death in scotland for forgery , ) are persons infamed , and their credits to be examined before they be admitted as witnessess against a peer of the realm , and a lord keeper of the great seal , as he then was . at the end of the paper was written , recepi . expedii martii . john lincoln . this answer was referred to the committee for petitions , to consider what 's fit to be done for the clearing of the aspersion laid by the bishop , on the lords sub-committees appointed for the journal book , and what for the relief of pinckney ; for those had certified it to be a true order ; notwithstanding he said it was mistaken by the clerk , and had not obeyed it . the committee report , they find two defects in this answer : . that he doth not clearly acknowledge his contempt in not obeying the order . . his aspersing the lords sub-committees , by saying , it was a mistaken order , when they had certified it a true one . their opinion is , that the sub committee be cleared , and the bishop acknowledge it a true order , and signifie to the house , that he is sorry he was so mistaken , and thereby given just offence to the house , and to the lords of the sub-committee ; then acknowledge his error , and ask their pardon , so ordered . may it please your most honourable lordships . your lordships having resolved the order touching pinkney of the of may . to be an order of that most honourable house , truly and justly entered ; i do most willingly accknowledge as much , and am very sorry , that through a weak memory , and information of some parties interessed , who pretendded to have serached the clerks book the of may . and to have found there at that day , no ground at all for any such order ; i have had in my thoughts some scruples to the contrary , to the offending of the most honourable house , or any one of the lords of the sub-committee , who ( as i now understand ) have subscribed the said order ; and i do humbly desire your most honourable lordships in general , and those noble lords in particular , to pardon the errour i have herein committed , and i shall pray unto god to bless and prosper your most honourable lordships . john lincoln . which acknowledgment their lordships all accepted in full satisfaction from the said lord bishop . xiv . ordered , ensign reynde to be sent for , and brought up as a prisoner before the lords , to answer a high contempt against the parliament : the witnesses who have informed thereof , are to be required to attend when reynde comes . ordered , the serjeant at arms to make such and so many deputies , for the apprehension of henry reynde , as the lord say shall appoint , and his captain to be warned to bring him hither by a day . these men were sworn touching the information against henry reynde , ensign-bearer to the souldiers at banbury , viz. george phillips . obadiah lord. john hayns , john hele. and being examined , did testifie the insolent and opprobrious speeches spoken by the said ensign reynde , against a peer of the realm , and his contempt of this high court of parliament . the lords considering that the said reynde was by order of this house , sent for by the serjeant the th . of may , and could not be found , but yet came early one morning to the clerks office , to understand whether any other cause of complaint was against him , save the information of those opprobrious speeches . ; and instantly departed , and ever since hides his head . their lordships order . elvenston his captain to be sent for , to be here to morrow morning . and the duke of buckingham did declare his opinion , that the said reynde deserved a severe censure ; and promised to the house , to lay all the ports for him , and if he can be found , or shall ever come into the army , he will cause him to be sent , to receive such censure as shall be agreed on against him . captain elvenston being called before the lords , did affirm that he had not seen his ensign henry reynde this fortnight , and thinks he is not in town ; he was commanded to bring him to the house whensoever he shall find him , and so soon as he shall understand where he is , to inform the house thereof . the lords taking into consideration , that henry reynde will not be found , and resolving to proceed to a censure against him , for his ignominious speeches of the parliament , and of the lord say , they first voted and adjudged him unworthy to bear arms hereafter , or to be accompted a souldier . then their lordships propounded divers other parts of a censure against him , but the duke of buckingham coming in before the conclusion thereof , his grace told their lordships , that the said reynde is now found . whereupon it was ordered , the said reynde to be brought hither to morrow morning . the duke of buckingham excused himself , for not bringing of reynde to his answer according to his promise ; for that he shifts his lodging every night , but promised again to do his best to bring him to morrow morning . ordered , if reynde do not appear here to morrow morning , then to proceed against him in the censure . the lords were put in mind of their order yesterday , if reynde were not brought this morning , to proceed to sentence against him notwithstanding . whereupon the duke of buckingham signified unto their lordships , with what care and industry he had endeavoured to bring the said reynde before their lordships , but he is so apprehensive of their censure which he deserves , that he cannot be found ; yet his grace said , he doubted not but to bring him to morrow morning , and desired their lordships to proceed notwithstanding ; now in their sentence against him , and with the more severity , because he had so often deceived his grace . the sentence of the lords spiritual and temporal in parliament assembled , against henry reynde , ensign-bearer to the band of soldiers billetted in banbury , for the ignominious speeches , uttered by the said reynde , against the said lord say and seal ; and for his contempt of this high court of parliament ; which sentence was this day pronounced against him , by the lord keeper , ( viz. ) . he the said henry reynde is never to bear arms hereafter , but is accompted unworthy to be a souldier . . he is to be imprisoned during pleasure . . he is to stand under the pillory , with papers on his head , shewing his offence ; at cheapside , london , and at banbury . . that he is to be fined at l. unto the king. . he is to ask forgiveness here , of all the lords of parliament in general , and of the lord say and his son , both here and at banbury . and it was then also ordered by their lordships , that the lord keeper should move his majesty , for the house of parliament , to apprehend the said reynde , with a promise of reward unto him that that shall take him . and it was then also ordered , that the kings principal secretary , shall write unto his majesties agent in the low countries , that he signifie this censure of the lords , unto all the colonels and captains there , and that his his majesties pleasure is , they give no entertainment to the said reynde . and the court of star-chamber is to put this sentence in execution against the said reynde , if he shall happen to be apprehended after this session is ended , and out of time of parliament . the lord say ( who withdrew himself , when the lords gave this sentence ) gave their lordships humble thanks , for the sense they had of his honour , and their noble zeal they had in preserving of it . ordered , the court of star-chamber to put in execution the sentence against reynde . xv. whereas george gardiner did lately stand in the pillory , by the censure of the house , for counterfeiting of protections , and selling them ; it was now informed , that he did not only in scorn thereof say , that he would stand in all the pillories in england for s. per diem , but also gave out threatning speeches against the lord keeper ; wherefore he was this day brought to the bar , and the speeches proved against him . it was ordered , that he should stand in the pillory here at westminster with a paper on his head , declaring his offence , for scandalizing the justice of this house , and unjustly slandering the lord keeper , and to ride backward with the same paper to the cross in cheapside , and to stand in the pillory there , and to ride back to the fleet in like manner . and whereas george buttrice and this george gardiner ( buttrice also having bought a counterfeit protection ) have commenced suits against one henry lane , who first informed the earl of huntingdon thereof , whose protections were counterfeited and sold , the said suits not being for just debt , but for meer vexation , as in the petition of the said henry lane is contained . it is ordered , the said gardiner and buttrice to stay all suits against the said lane , for the causes in the said petition contained . xvi . sir walter earl reports from the committee about the deduty-lieutenants . sir william welby , a deputy - lieutenant for lincolnshire , is complained of , that he sent a warrant , as a deputy . lieutenant , to commit two persons to gaol , for refusing to pay certain taxes for military affairs . also one mr. norwood complains , that it is the usual course of the said sir william welby , to raise great sums in the countrey in military affairs , but it is for the charges of himself and others at musters . also he having two sons captains in the countrey , he orders that every souldier pay their captain d. a day every time they muster ; and though these causes were complained of the last parliament , yet he doth not desist . the warrant was read . for that i. s. refuseth to pay certain sums of money for military affairs ; these are by vertue of our deputy - lieutenancy to require you , to bring the body of i. s. &c. before me , or some other deputy - lieutenant . i send you herewithal the body of i. s. for that he denieth to pay military charges ; and also denieth to enter bond to appear at the next assizes for his said refusal . it was ordered , that he be sent for by the serjeant , and brought to the house . saturday the th . of may , sir william welby was called in to answer . there was a question , whether he should come in a delinquent , and kneel , or no ; and it was ordered , that he should not kneel , only be asked by the speaker , about the warrants exhibited touching the levying of money for military affairs : he said , he could not deny them , but said , he never imprisoned any but those two , palmer and sparks ; and he said , that upon the meeting of musters , he used to have his charges born by the county , and so it was ever used in that countrey for years ; and as for d. a piece , that is paid by every souldier of the trained bands , unto the captains of the bands who are his sons , he said , that it was ever used to be done , but he never compelled any . and as to the rate of d. an acre , he said , it was by vertue of an order made at the sessions in the countrey , and that he knew there was a complaint of it the last parliament . after he went forth he was called in again , and told , that the house was not satisfied with his answer , and that it was the pleasure of the house , that he should attend the committee from day to day , and this house also , whensoever he should be required . xvii . a complaint was made against the mayor of chichester , by one mr. higgons , who complained , that a lieutenant with four souldiers came to his house , and surprized him in his study , and he sent for the mayor to see the kings peace kept ; and the mayor contrary to his duty , sent no aid ; and at a sessions to enquire of a ryot , the bench and the hall was full of captains and souldiers , so as he withdrew himself ; and they indicted him for assaulting a souldier , and it was found . cox also complained against the mayor there , who sent a serjeant to them , to demand twenty shillings by way of loan ; which being refused , six souldiers were sent to his house ; so he was forced to lend the money . it was proved , the money was paid and enforced ; but it did not clearly appear , that the mayor enforced it , but there were presumptions , the captains and six souldiers came from the mayors house ; so there being no proof against the mayor ▪ the committee ordered , that the mayor be dismissed , till the pleasure of the house be further known . a collection of some few records and presidents , out of many others of the like nature ; whereby it appears , that the kings of england were pleased to consult and advise with their parliaments , de arduis negotiis regni , of the weighty and difficult business of the kingdom . . anno . johannis , before the granting and confirming of magna charta in his time , the prelates , earls , barons , great men and the citizens and burgesses were at a parliament at london , to give consilium & auxilium , counsel and aid , for the honour of the king , ( being then personally in france , in war with the french king , ) their own , and the safety of the whole kingdom . . anno . h. . the king summoned a parliament touching the marriage of his daughter , where the magnates & communitates regni , the great men and commons of the realm , spontanea & mera voluntate , granted a subsidy to the king. . anno h. . the great men and commons of their free and meer will gave a subsidie in parliament to marry the kings eldest sister to frederick the emperour . . anno . at a parliament then held at london , concerning the great affairs of the kingdom , and foreign parts , magna charta was confirmed , rex magnates & communitas populi being present ; and by their consent the grand excommunication against the infringers of magna charta was denounced . . anno h. . in the parliament at oxford several ordinances were made for redress of grievances , a la request de noz haus homes è prodes homes è de commune de notre reaume , at the request of the high men , the good and honest men , and of the commons of the realm . . anno h. . the articles of peace between the king , prince and prelates , peers and all the commons of england were generally and unanimously approved of , at a parliament at london , de consensu voluntate & praecepto domini , regis , necnon praelatorum , baronum ac etiam communitatis tunc ibidem praesentium , by the unanimous consent , will and command of the king , of the prelates , barons , and also of the commons , being there present . . h. . the king complains that the earl of gloucester and others had circumvented prince edward . et ad partem suam , proh dolor proditoriae attraxerunt proprii contemptu sacramenti . against the form of the kings and princes oath , of the prelates , great men , & communitatis regni unanimi assensu & voluntate nuper london , provis . . anno eodem , the knights , citizens and burgesses were summoned to parliament in the utanes of st. hillary , nobiscum & cum praelatis & magnatibus nostris tractaturi & consilium suum impensuri , to treat and give their counsel with the k. prelates , and great men , touching the settling of the disturbed condition and state of the kingdom . . anno . h. . the king , per le conseil & lassentement le * rei de alemaine , & de countes , & de barons & del comman de laterre , by the counsel and assent of the king of almain , and of the earls , and barons , and of the commons of the land , pardoned and released the earl of gloucester , and all his company , &c. . and the king in the same parliament , per le conseil & lassentement le rei de alemaine & les countes , & de barons , & le commons de laterre , by the counsel and assent of the king of almain , and of the earls , barons and the commons of the land , pardoned and released the londoners , &c. . anno h. . the king and prince having undertaken the crusado for the holy-land . quia tamen praelatis magnatibus & communitati regni non videtur expediens neque ratum , that they should be both out of the kingdom istis temporibus . it was agreed the prince should go , and a subsidie was granted to the prince by the parliament . . anno e. . lewellin prince of wales being in rebellion , the king undertakes the war against him , de consilio prelatorum procerum & magnatum necnon totius communitatis ejusdem regni , by the counsel of the prelates , peers , great men , also of the whole commons of the kingdom . . anno . e. . the king in his writ of summons to parliament , directed to the sheriff of cumberland , saith , volentes cum prelatis , commitibus , baronibus & magnatibus supradictis & cum aliis de communitate dicti regni super hoc & quibusdam aliis arduis negotiis nos & statum regni tangentibus habere colloquium & tractatum , &c. . anno . e. . at the great parliament held at carlisle , the record saith , that knights , citizens and burgesses were summoned to the parliament , ad tractand . &c. super ordinatione & stabibilitate terrae scotiae , necnon aliis negotiis dictum regem & statum regni sui spetialiter tangen . being the same words which were for the great lords in their summons . . anno e. . at the parliament at lincoln , the king in plein parlement caused to be declared the causes of the summons thereof , pro diversis & arduis negotiis ipsum & statum regni , and especially pro statu terrae suae scotiae perimimicos suos pro parte occupata supplicans & injungens praelatis proceribus & caeteris fidelibus subditis suis ibidem existentibus ut sibi in praemissis consulerint & sibi facerent auxilium oportunium , which they did . an. e. . a marriage being propounded between prince e. after e. . and the daughter of charles of valois . the king ( not when he was under the power and fear of the barons , but after he had vanquished them , and had beheaded thomas earl of lancaster his unkle , and was attended and guarded by his two great minions the spencers , ) declares in his letter to charles , thus recorded . de matrimonio inter edwardum primogenitum regis & filiam caroli comitis de valois contrahendo . avdivimus & super eisdem deliberationem hujusmodi cum aliquibus de nostro consilio & tractatum-verum quia tam nobis quam illis visum est non esse expediens neque decens quod contractus hujusmodi absque praelatori & magnatum regni nostrim consilio & assensu in parliamento requirend . & firmaretur , & vestrae sinceritati duximus intimand . quod cito post festum sancti mich. prox . ventur . parliamentum nostrum proponimus convocare & tunc de commum consilio super dicto negotio ordinare curabimus quod vobis placitum nobisque & regno nostro utile fore videbimus & decorum dat . apud thorp . juxta ebor. . die junii . and king edward further writes to charles king of france and navar about that marriage . set super eodem in prox . parliamento nostro quod statim post festum sancti mich. prox . futuri tenere proponimus deliberationem & tractatum pleniorem habere intendimus & tunc inde taliter ordinare quod inde debebetis merito contentari dat , &c. . anno . e. . licet nuper de consilio & assensu praelatorum & procerum & communitatis regni nostri nostrum assumentes passagium ultra mare , &c. . anno e. . it was proposed to the grauntz & autres des communes in parliament , to treat and ordain touching the war then with france , the keeping of the peace of the land , and the marches of scotland , and of the sea. . anno e. . it was propounded in plein parlement that the war was attempted and begun by the common consent des prelatz , grantz & communes , and that the king would not treat of peace without their assent , and thereupon it was commanded to the prelates and grantz to assemble themselves in the chamber blanch to treat , conclude and assent amongst themselves , whether the king should send ambassies to rome , to shew and propose his title to france before the pope ; and in the same manner it was charged the knights of the shire ; and the commons to assemble in the chamber depeint , to treat , conclude and assent amongst them upon the same business , and to give their answer , & lour assent en dit parlement . . in the parliament . e. . the king by his chancellor prayed and charged the prelates , earls , barons and commons , that they would consider touching the articles of truce between the king and france , and that they would mettre leid & le conseil give their aid and counsel for the salvation of the rights and honour of the king , & de eux meismes , and of themselves . . sir bartholomew burghurst the kings chamberlain declared in parliament , that there was a treaty of peace between the king and the french , and good hope of a final accord , but the king would not conclude sanz assent des grantz & ses communs ; whereupon the chamberlain required and demanded , on the behalf of the king , whether they would assenter & accorder to the intended peace . to which the commons d'unassent & d'unaccord . answered , that what issue the king and grantz should take in the said treaty , should be agreeable to them : upon which answer the chamberlain said to the commons , then you will assent to the treaty of peace perpetual , if it may be had ; to which the commons answered , entierment & unement . oil oil , yes , yes ; and thereupon it was commanded , that master michel de northburgh , gardeyne of the privy-seal , and sire john de swinley notair papal , should make an instrument publick thereof . . anno e. . the chancellor , in his oration before the king , lords and commons , thus expresseth himself : sires , the king in all his great business which concerned himself and his kingdom , de tout temps , hath acted and done , by the counsel and advice of his grandz and commons of his realm , which he hath found in all his affairs , bons & loyalz , good and faithful , for which he thanketh them , de grant euer & volunte , and that it was not unknown to them that the king had taken upon him the claim and right to the realm of france , per lavis & conseil de ses grantz & communes , by the advice and counsel of his great men and commons . r. . the king called a parliament , to consider of a peace between him his kingdom , lands , dominions , and subjects , ex una parte , & magnificum principem robert of scotland , and his lands , dominions , and subjects , of the other part ; mediante consilio & assensu praelatorum procerum magnatum & communitatis regni angliae , by the counsel and assent of the prelates , peers , and great men and commons of the kingdom of england . i will pass over the rest of the several authorities in this king's reign , and so of h. . except this one . . in the parliament . h. . in that great record called indompnitié des seigneurs & commune● , the king , by the advice and assent of the lords , willed , granted and declared that in that and all future parliaments , it should be lawful for the lords to debate and commune amongst themselves , de lestate du roiaume & la remedie a ce busoignable of the state of the kingdom , and the necessary remedies ; and it should be lawful likewise for the commons on their part to commune in the same manner . . anno h. . the chancellor at the re-assembly of the parliament , declares , ( the king being present ) the causes of their calling ; which was , that peace had been offered him by his adversary of france ; the which , without the assent and good counsel of the estates of his realm , he would not conclude ; and that the king of the romans desiring peace and vnity in the church vniversal , and also between the christian realms , was come over hither with propositions , which he had not yet declared to the king , but in a short time would shew them . upon the which , the king would take the advice , de son tressage conseil , of his most wise counsel . . anno h. . the league and alliance between the king and sigismund the emperour and king of the romans was ratified and confirmed , upon due and solemn treaty thereof , by the common consent and assent of all the archbishops , bishops , dukes , earls , barons , & toute autres estates espiritualz & temporalz , and other estates spiritual and temporal , and also of the commons of this realm , in the said parliament assembled . . anno . h. . a peace being concluded between henry king of england , and charles the french king , it was mutually agreed , that the articles thereof be ratified and confirmed per tres status , of both kingdoms ; which being approved , concluded accepted and allowed of , by the three estates in france , videlicet , praelator . & cleri necnon procerum & nobilium , ac etiam civium burgensium civitatuum villarum & communitatum dicti regni . the articles was after mature deliberation confirmed per tres status regni , angliae vid per praelatos & clerum nobiles & magnates necnon communitates regni ad parliamentum apud west . qui quantum ad eos & singulos eum pertinet obsequituros & impleturos promiserunt . . anno h. . it was ordained by the lords spiritual and temporal and commons that the dukes of bedford and gloucester and my lord cardinal , and others of the kings bloud and of his counsel , may treat of peace with the dauphin of france , notwithstanding the act formerly made to the contrary ; which was , that the king of england h. . or the french king should not enter or make any treaty of peace , or of accord with charles the dauphin , without the assent of the three estates of both realms . anno . h. . whereas by the articles of peace made between h. . and charles the th of france , it was agreed there should be no treaty or accord made with the dauphin of france , without the assent of the three estates of both realms , which articles were afterwards enacted and authorized here by parliament ; it was enacted by the assent of the lords and commons , that that article should be void , eryt , cassed adnulled and of none force , and none to be impeacht for advising and acting in the said peace . . the archbishop of canterbury , chancellor of england , declared the causes of the summons of the parliament ( the king present ) and amongst others , that between the ambassadors of king h. and the french king ; there was an appointment de personali conventione of a personal meeting between the two kings in partibus transmarinis , which if it should happen ut speratur to provide not only for the safe and secure preservation of the person of the king , as well in his conduct , ad dict as partes transmarinas , as in his being there , but also for the safe and sure conservation of the peace within the kingdom , and other his dominions ( during his absence ) out of the realm , and for ordaining a provision thereof . tractatum & maturam deliberationem cum sano & salubri consilio trium statuum dicti regni necessario exigit & requirit ; and after concludes his speech : qualiter praefatus rex ad tractandum & consulendum cum praefatis proceribus & magnatibus supradictis & communibus regni sui hujusmodi provisione saciend . & habend . parliamentum suum predictum fecerat convocari : therefore the king had called his parliament , to treat , consult and advise with the peers , and great men and commons of the kingdom , how such provision may be done and had . . anno . h. . the articles of truce and peace between charles the french king , and king henry , was agreed to be ratified , accepted , approv'd and confirmed , per tres status utriusque regnorum videlicet per praelatos , & clerum nobiles & communitatem eorumdem regnorum authoritate parliamentorum ; which was after done . . anno h. . dominus cancellarius ex mandato regis ostendebat dominis hic praesentibus causas secretiores hujus parliamenti summonitionis primam concernentem regem scotiae & multimodas injurias subditis regni angliae illatas . secundam , et bellum inter regem castelli & ducem gildriae ejus affinitatem & terram concernentem dominum summum pontificem , tertiam , et dissensionem inter ipsum & ludovicum francorum regem lectumque fuit per magistrum rotulorum breve apostolicum in vulgari translatione one continens contumelias dampna & injurias sanctae sedi apostolicae & romano pontifici per ludovicum gallorum regem illatas . item dictus dominus cancellarius , cum domino thesaurario , & aliis dominis in domum communem descendebat cum premissis ostensur . &c. . anno . h. . the lords and commons sent a letter to the pope , touching the dilatory proceedings , in the divorce between the king and queen katherine before him ; in which letter they declare , causa regiae majestatis nostra cujusque propria est , a capite in membra derivata , dolor ad omnes , atque injuria ex aequo pertinet , omnes in ejus majestate compatimur , in relation to the safety and succession of the crown ; and that if his holiness would not determine the cause , or defer it any longer , they plainly tell him that , nostri nobis curam relictam , & aliunde nobis remedia conquiramus . and they were as good as their words ; for in the parliament , h. . an act passed for declaring the establishment of the succession of the kings most royal majesty in the imperial crown of this realm , wherein the marriage between the king and the lady katherine , was by authority of parliameut definitively , clearly and absolutely , declared , deemed and adjudged to be against the laws of almighty god , and also to be accepted , reputed and taken of no value nor effect , but utterly void and annihilated ; and that the said katherine should be from thenceforth called and reputed , only dowager to prince arthur , and not queen of the realm . this letter was subscribed and sealed by archcbishops , dukes , marquesses , earls , bishops , barons , abbots . and milites & doctores in parliamento , the knights and doctors in parliament , of the house of commons , william fitzwilliam being speaker , was the first that signed ; and notwithstanding the objection from the date thereof , in time of prorogation , it is very probable that it was agreed in parliament , and my reasous are two , besides what appears by the letter it self . . the answer of the pope to the letter ; is directed thus . venerabilibus fratribus archieepiscopis & episcopis , ac dilectis filiis abbatibus nobilibusque viris ducibus , marchionibus , comitibus , baronibus , militibus , ac doctoribus parliamenti regni angliae . . records and histories tell us that parliaments have several times sent letters to the pope : for instances . anno h. . e. . . e. . where the last , though agreed to in full parliament , yet was after sealed , souz les seales , des grantz , & totes les cominaltes , des citees & burghes d' angleterre so that as yet under submission i am of my lord herbert's opinion , that the letter or declaration was by the parliament . . anno eliz. item conventum concordatum & conclusum estquod rex scotiae , quamprimum vicesimum quintum suae aetatis , annum impleverit quam primum commode id facere poterit per publicum regni sui conventum dictum foedus approbabit & confirmabit approbari & confirmari faciet & item reginalis suae majestatis per proceres & alios regni sui angliae & hiberniae , status in parliamento idem faciat & praestabit ] vel fieri & praestari procurabit . i have seen several records of leagues ratified by the scotish parliament . postquam rex per spatium trium annorum & amplius in partibus transmarinis remansisset & de partibus vasconiae , & franciae in angliam rediisset valde anxiatus & conturbatus fuit per quotidianum clamorem tam clericorum quam laicorum petentium ab eo congruum remedium apponi versus justiciarios & alios ministros suos de multimodis oppressionibus & gravaminibus contra bonas leges & consuetudines regni illis factis super quo dominus edwardus rex per regale scriptum vicecomitibus angliae precipit , quod in omnibus comitatibus ciuitatibus & villis mercatoriis publice proclamari facerent quod omnes qui sese sentirent gravati venirent apud westmonasterium ad proximum parliamentum & ibi querimonias suas monstrarent ubi tam majores quam minores oportunum remedium & celerem justitiam rccuperent sicut rex vinculo juramenti die coronationis suae astrictus fuit ac jamjam a dest magnus dies & judiciarius justiciorum & aliorum ministrorum consilii regis quem nulla tergiversatione nullo munere nulla arte vel ingenio placitandi valent eludi coadunatis itaque clero & populo & in magno palatio westmonasterii consessis archiepiscopis cantuar. ( vir magnae pietatis & columna quasi sanctae ecclesiae & regni ) surrexit in medio & ab . alto ducens suspiria . noverit vniversitatis vestra ( ait ) quod convocati sumus de magnis etarduis negotiis regni ( heu nimis perturbati & hiis diebus enormiter mutilati ) unanimiter fideliter & efficaciter simul cum domino rege ad tractandum & ordinandum audivistis etiam universi querimonias gravissimas super intollerabilibus injuriis & oppressionibus & quotidianis desolationibustam sanctae ecclesiae quam regni factis per hoc iniquum concilium domini regis contra magnas chartas tot toties & multoties emptas & redemptas concessas & confirmatas per tot & talia juramenta domini regis nunc & dominorum henrici & johannis ac per terribiles fulminationes excommunicationis sententiae in transgressores comunium libertatum angliae quae in chartis predictis continentur corroboratas & cum spes preconcepta de libertatibus illis observandis fideliter ab omnibus putaretur stabilis & indubitata rex consiliis malorum ministrorum prevent us & seductus easdem infringendo contravenire non formidavit credens decepitive pro munere absolvi à transgressione quod esset manifestum regni exterminium aliud etiam nos omnes angit intrinsecùs quod justiciarii subtiliter ex malicia sua ac per diversa argumenta avaritiae & intollerabilis superbiae regem contra fideles suos multipliciter provocaverunt & incitaverunt , sanoque & salubri consilio ligeorum angliae contrarium reddiderunt consilia sua vana impudenter preponere & affirmare non eruberunt seu formidavervnt ac si plus habiles essent ad consulendam & conservandum rempublicam quam tota universitas regni in uum collecta , ita de illis possit vere dici , viri qui turbaverunt terram & concusserunt regnum sub fuco gravitatis totum populum graviter oppresserunt pretextuque solummodo exponendi veteres leges novas ( non dicam leges ) sed malas consuetudines introduxerunt & vomuerunt ; ita quod per ignorantiam nonnullorum ac per partialitatem aliorum qui vel per munera vel per timorem aliquorum potentum innodati fuerunt nulla fuit , stabilitas legum nec alicui de populo justiciam dignabantur exhibere opera eorum sunt opera nequitiae & opus iniquitatis in manibus pedes eorum ad malum currunt & festinant , ac viam recti nescierunt quid dicam ? non est judicium in gressibus suis. quam plurimi liberi homines terrae nostrae fideles domini regis quafi viles ultimaeservi conditionis diversis carceribus sine culpa commiserunt ibidem carcerandi quorum nonnulli in carcere fame maerore & vinculorum pondere defecerunt , extorquerunt pro arbitrio insuper infinitam pecuniam ab eisdem pro redemptione sua crumenas aliorum ut suas impregnarent tam à divitibus quam pauperibus exhauserunt ratione quorum incurriverunt odium inexorabile & formidabiles imprecationes omnium quasi tale incomunicabile privelegium per cartam detestabilem de non obstante obtinuerunt & per quisiverunt ut alege divina humanaque ( quasi ad libitum ) immunes essent . gravamen insuper solitum adhuc sive aliquo modo saevit omnia sunt venalia si non quasi furtiva proh dolor . quid non mortalia pectora cogit auri sacra fames . ex ore meo contra vos ( o impii ) tremibunda caeli decreta iam auditis . agnitio vultus vestrorum accusat vos & peccatum vestrum quasi sodoma praedica vistis nec abscondistis vae animae vestrae vae qui condunt leges & scribentes injustitiam scripserunt ut opprimerent in judicio pauperes & vim facerent causae humilium populi ut essent viduae praeda eorum & pupillos diriperent vae qui aedificant domum suam in justitia & caenacula sua non in judicio , vae qui concupiverunt agros & violenter tulerunt & rapuerunt domos & oppresserunt virum & domum ejus imò virum & haereditatem suam vae judices qui sicut lupi vespere non relinquebant ossa in mane justus judex adducit consiliarios in stultum finem & judices in stuporem . mox ala voce justum judicium terrae recipietis . his auditis omnium aures tiniebant totaque communitas ingemuerunt dicentes heu nobis heu ubi est angliae toties empta toties concessa toties scripta toties jurata libertas . alii de criminalibus sese a visibus populi subtrahentes in locis secretis cum amicis tacties latitaverunt alios protulernnt in medium unde merito fore omnes ab officiis suis depositi & amoti unus a terra exulatus alii perpetuis prisonis incarcerati aliique gravibus pecuniarum sulutionibus , juste adjudicati fuerunt . . le roi a touz ceux que cestes lettres verrount ou errount , saluz sachez que come en les choses parlees , tretees , & accordees & affermees entre nous & nostre tresch foial & coysn si●e edward per la grace de dieu roi descoce , tuschauntes nous & lestate de nostre roialme dengleterre , & le dit roi descoce , son estat , & lestat de son roialme descoce , le dit roi descoce , par assent des prelates , countes , baronns , chivalers , & autres de son dit roialme descoce , eit reconuz & grauntezque le dic roialme descoce , & les isles appurtenances a y cele sount devient & tut temps passe soleient estre tenus des rois dengleterre , ꝑ homage lige & foialte . et auxint eit reconuz & grauntez dentrer en nostre homage a lige & foyolte come souverain seigneur des ditz roialme defcoce & isles . et auxint eit obligez lui , ses heirs & successors , de faire a nous & a noz heirs hore de nostre roialme dengleterre , & de noz terres de gales & dirland , come en gascoigne & aillours , ounous & a uoz heirs overoms terres ou clameroms droit ou autres nous voudront empescher par force sur noz terres , our sur possession ou droit que nous clamerons certeins services . cestassavoir le roi descoce p̄ tote sa vie , ꝑ le garnissement de sys moys les services de deux centz homes darmes ꝑ un an a ses custages & dispens , & ꝑ ses heirs & successors , ꝑ au tiel garnissement les services de cent homes darmes a lour custages & dispens ꝑ un an . et silui , ses heirs ou ses successours garniz ꝑ nous & ꝑ noz heirs en la maniere avantdite , de faire les ditz services fausissent de faire & parfaire mesmes les services , le dit roi descoce eit obligez lui , ses heirs & ses successors , en deux centz mille livres desterlinges , a paier a nous & a noz heirs . et auxint eit grauntez ꝑ lui , ses heirs & ses successours , que sils fausissent de faire & parfaire les ditz services ; & le dit roi descoce ses heirs & ses successours , feussent requis ꝑ nous ou ꝑ noz heirs de paire le deux centz mille livres , que apres lespace de trois moys a totes les foitz , & apres ceo que le dit roi descoce , ses heirs ou ses successors , fuissent issint requis ꝑ nous & noz heits , & ils fausissent de faire le dit paiement , que nous & noz heirs peussons franchement , & sanz countredit du dit roi descoce , ses heirs ou ses successours , entrer le dit roialme descoce & totes les cirees , villes , chasteux , manoirs , terres & tenements de le dit roi descoce , tenir & gouverner per noz gentz , & tores manieres des issues & profits ent surdantz lever , cuiller & tenir a nostre oeps , & al oeps de noz heirs , & tanque nous soiums paiez des ditz deux centz mille livres pleinement . et austre ceo le dit roi descoce eit obligez lui , ses heirs & ses successours , de assigner , doner & ●aire liverer a nous deux mille de terre , eit done , graunte & assigne a nous le chastell , la dille , & la counte de berewyk , a la value que serra trove ꝑ extent a faire en la maniere avantdite , & ceo que faudra des di●es deux mille livres de terre , il ferra assigner & liveter a nous en lieux covenables & greables a nous sur la marche descoce , & joignauntes a nostre roialme dengleterre , a avoir & tenir les ditz chastell , dille & countée , & les autres terres que le dit roi nous assignera a nous & a noz heirs , come annexes a nostre roiale dignite , & a nostre roialme dengleterre , & suertées del roiale dignite , & de la courone descoce , a touz jours come plus pleinement est contenuz en les lettres patentes de le dit roi descoce de ceo faites . et auxint le dit roi descoce , par ses autres lettres patentes , pur autres certeins causes notées en yeeles de mesme lassent , eit graunte & oblige lui & ses heirs , a nous & a noz heirs , de venir en persone od tot son poair , & a ses custages & despens , ad nostre corps & ad les corps de noz heirs en nostre roialme dengleterre , & en noz terres de gales & dirlande avantditz , en eid de nous & de noz heirs , countre toutz ceux que voudront guerrer nous & noz heirs , ou par force noz foitz empescher es ditz roialme & terres a totes les foitz que le dit roi descoce ou ses heirs serrount requis parnous & nos heirs del garnissement de sys moys , ficome endites lettres plus pleinement est contenuz . nous voillauntz oustier les enchesons dount debatz guerres ou contees pourrount sourdre en temps a venir entre nous & noz heirs , & le dit roi descoce & ses heirs , & purvéer totes les choses ꝑ queles pées & amour soient nurriz & meintenuz entre nous , & a noz heirs & noz souzmys dune part , & le dit roi descoce & ses heirs & ses souzmys dautre part , a touz jours par assent des prelatz , countes & barons , & la communalte de nostre roialme , assemblez a nostre parlement somons a everwyk le lundy proschein avant la feste de saint pierre en cathedra , l'an de grace selonc le cours del eglise de rome mille tresrentz trentisme quart , & de nostre regne oytisme , grauntoms , relessoms & quiteclamons , pur nous & pur noz heirs , au dit roi descoce & a ses heirs , tot le cleym & le droit 〈◊〉 nous aviums ou avoms en le demeigne de tut le remenaunt de ditz roialme descoce & isles , outre les terres & choses a nous grauntées & liverées , & a liverer . et voloms & grantoms pur nous & pur noz heirs , que le dit roi descoce eit & tiegne le demeigne de tut le remenaunt des ditz roialme descoce & isles , come susestdit a lui & ses heirs , entierement sanz autre subjection a nous ou a noz heirs , pur mesme le demeigne de tut le remenaunt de roialme descoee & des isles come dessus est dit . horpris & sauve a nous & a noz heirs , totes les choses grauntees a nous & a noz heirs par le dit roi descoce , selone le purport des lettres patentes le dit roi descoce a nous faites . et eu tesmoignante de quele chose a cestes noz lettres patentes avoms fait mettre nostre graunt seal . don a everwyk eu nostre dit parlement , le premier jour de marcz , l'an de grace & de nostre regne susdit . . aquel lendemain que fuist mardy , vindrent en parlement sibien les prelatz , seigneurs temporelx , come les justices & autres du conseil nostre dit seigneur le roi , en le chambre de peinte a westm. en presence du roi mesme appellaz la ejns les chivaleers des countees , les barons des cinque ports , citizens des cities , & burgheys des burghs ꝑ lour nosms , sicome les viscounts lour avoient fait retourner , mouns michael de la poole chivaler , chanceller d'angleterre , ꝑ commandment nostre seigneur le roi , avoit les parols de la pronunciation des causes de la summonce de cest present parlement . y dist vous messieurs prelatz & seigneurs temporelx , & vous mes compaignons les chivaleers , & outres de la noble comune d'angleterre cy presentz , deviez eutendre que combien que je ne soīe dignes mes insufficient de sce●● & de tout autre bien touts voies pleust a nostre seigneur le roi , n'adgairs de moy tréer en son chanceller , & sur ceo ore moy ad commandez qu'ore en vos honouables presences , que vous doie deper suy exposer les causes de la summonce de son present parlement , & ꝑ tant purra clearment apparoir que si haut busoigne come ceo est de arler si chargeant matire devant touts & tiels si nobles & sages perfones que vouz estes , ne ferroit mye ꝑ presumption ou surquindrere de moy mesmes einz solement ꝑ deux enchesons reasonables . l'une est , que longement & communement ad estre accustume deins mesme le roialme , que les chancellers d'angleterre devant moy si ouut faitz chescun en son temps pronunciation deper le roy de semblablez parlements devant ore tenuz , & ne verroie si pleust a dieu que en mon temps defaute y fuist trovez en ma persone ne arrerisement de le stat de mon dit office , si avant come je le purroie maintenir en tout bien & honour . la seconde est , que quoy je assume de present si grant charge sur moy devant touts les autres sages cy presentz , car le roy nostre seigneur leige icy present n'ad commander del fair que nostre saut a fyn force en ce , & en touts autres ses commandements tournir au profit de luy & de son roialme . au terce & issint ne ferroit eest chargeant busoigne en ascun manier si non constreient ꝑ reson du mon office , & commandement de mon seigneur liege come dit est . et seigneurs & sires , la principal & primier cause ꝑ que nostre dit seigneur le roy ad fait summondre son present parlement , que touche le roialme descoce , st est expresse & contenuée en les briefs a vous faitz , de mesme la summonce le quel est tiel : nostre seigneur le roy apperceivant coment les graunts trieves jadys prizes perentrée les roiaumes dengleterre & descoce , si donient ꝑ la forme dicelles finir & failer a cest prochein feste de la purification nostre dame prochein venant . et pur tant que home my feust desgarnir en celle partie al dit fyndes trieves pleaust a nostre dit seigneur le roy , denvoir a la marche descoce le puissant & noble seigneur son treschier uncle oepaigne duc de lancaster cy present , aver autres seigneurs & sages du conseil le roy , pur affaier & taster si leu purroit honorablement avoir la pair ov esq les escotes , ou auterment prorogation dicelles trieus pur un temps notable . et si feuront ils en drte marche descoce , & ont avoient parlance & tretée aver mesmes les escotz , & finalement ont reportez a nostre dit seigneur le roy relation & lettres del adversaire descoce , contenantes quil envoirer oit suffizantes persones de son roialme , avec po●ar & authoritee suffisant deper luy a londres , pur y treter de mesme la matire & celle report fait a uostre dit seigneur le roy , pur ce que voirs est que plusors , de vouz estes inheritez des plusors terres & seigneuries deins le roialme d'angleterre , appurtenautz a les escotz d'auncientée , & auxi atez eu challenge plusors terres & tenemeuts deins le roialme descoce ▪ dont les escotz sont auxint de present inheritez . et si paix se ferroit perentrée les roialmes avendront ensi pur ce que plusors translations des droitz a ycelles terres & seigneuries d'ambez partes , serroieut faitz ou ꝑ cas mesmes les droitz serroient surrendez de ceo & ꝑ celle cause & autres matieres plusors incidente que ne veignont ore a memoire , mais pur especiall pur tant que le roialme descoce , si est tielment annexe d'auncientee a la corone d'angleterre , luy quiel de temps bruyt primer inhabiter d'prelles roialmes , le roialme descoce avantdir . et le roy d'yeelle pur le temps esteant aient este continualment subjugatz & attendantz au roy & al roialme d'angleterre , on en possession , ou en challenge , sembloit de veritee que home ne poit sur tiel haute & chargeante matiere finalment . treter & accorder aillours que en parlement , ou si paix ou trieves ne se y pnrroient prendre uncores la remedy pnr defendre estre purvenir eu parlement , & eins si nule autre matiere eusex davoir parlement si est ce que a● dit une grant cause . une autre cause y ad ꝑ qne le roy nostre seigneur ad fait summoudre cest son parlement , est tiel , si einst avenist que paix ou trieves ne se preignent point en escoce , adonques la pluis perileuse guerre que nous pourroions avoir si est tantost overt dont est molt grandement a douter ꝑ tout fair ꝑ temps bone purveance en contre lour grant orgoill fauxive & force aiant consideration comment ils purront chescun jour entrée n●e roialme a terre serke , sans impediment de la méer , ou de eawe fresh , mes encores non pas soulement de fair purveiance encoutrée les ditz escotes , eius d'autres partz envers trois de pluis grandes roialmes & pais de christianity , cest a dire france , espagne . et ore de novell acrew le payes de flandres , avec touz jours adherents & alliez , qui sont come inunmerables mortelx enemyes a cest petit roialme d'angleterre , qne dieu salve , touz partz environez ꝑ terre & ꝑ mere envers quex , si dieu de sa grace ny mette remedy , & home de sa party ne face ceo que en luy est de purveyance en resistance de lour malice vraisemblable est que le greinder mischeife est hastivement a venir que , dieu ne veule a cest petit roialme que unques mes ny aveuist . et pur ceo que mischeife semble pur les dits causes si dure & si proschein si est droit que home se hast le pluis tost pur ordeiner de bone & effectuall remedy quest principalment apres la grace de dieu d'avoir de quoy home purra venir a les dispenses que leu y font mettre que comenca fyn force venir de la comune defens demande comune charge , voirs est & certaine que trois des pluis riches rois christiens ne purroient endurer les charges de tantz & tiels guerres sans l'aide de lour comune . et pur tant l'eu faut ordiner coment defendre . et de quoy l'en avera despenses necessares . et quant a defens fair en cell partie salvis meillour advis . il doit apparoir a chescom sage que nostre defens si est d'assailer les enemyes per de hors nostre royalme , car tiel assaut le semble estre reasonable , profitable & honourable primerment si est nostre assaut reasonable ꝑ encheson que nos sumes actours , demandours , & challengers ou appellours . et reson voet , que le demandent & challengour assaile le defendour . et non pas è'converso . secondment , nostre assault est prositable , car si nous attendismes lour assaut deins nostre roialme l'assemblée & chivachée de nostre host envers lour host ferroit a nostre roialm , l'un & l'autre est esteant en ꝑrel a tant de damage come serroit lost des enemies horspris prise de prisoners & arsure des villes & mesons sicome vous messers & sires avez mesmes venez estre fait des patties , deper dela & mieltz est & plus profitable que nostre ost soit sustenez per les vitailles & biens des enemyes que de noz biens proprez : tiercement , il est plus honourable d'assailer que defender , car communement les cowards n'assailant mye . et ꝑ eschuer les mischeifes de lor assaut d nn part ala vilinie que nous aurions si nons que sumes demandours & challengours come dit est ꝑ defaute del pursuite de nostre droit que nous avous comencez devant ore feusons appellez maintenant ou tenuz d'autres nos veisines que dieu ne veulle ꝑ cowards si avant come nous purros eschiur leration ꝑ quoy tiel non enporterious car il nous fant fair un yes deux choses ou de pursuir nostre droit ꝑ fort main & assaut ou de lesser hountensement . et seigneurs & sires toutes voies vous ne durez mye aretter sur la persone du roy nostre seigneur que cestes importables charges de les guerres avantditz soient ꝑ luy inroduitz , ou ꝑ singuleritie de luy comencez devant son temps combien sachez & auxi avant la honourable corone d' angleterre luy est descenduz ꝑ succession de droit heritage auxy avant luy ont eschuiz avec l'honour & profit de la corone les chargeantz guerres & querreles dycelles davant son temps comencez come dit est . item une autre cause de la somons de cest parliament est tiel cestassavoir d'ordeigner que salve gard de la paix deins le royalme & i obeisance due a nostre seignour le roy de teuts ses subjects soit mieltz faitz & gardez que ce n'adestre fait devant cest heure , car le disobeizance & rebellion que home ad fait devan● ore & que sont continuez de jour en autre envers les petits ministers du roy , come discountz , escheatours & les coillours de les subsidies & autres tielz estoient sours & cause principale del traiturous insurrection n'adgairs fait ꝑ la comen dengleterre deins mesme le roialme la quiel primerment estoit rebellion as dits petitz ministers , & puis● as grantes officers del roialme & al drain au roy mesmes combien les avez . et si avant come rebellion si estoit & est le sours & comencement de mischeif & trouboil deins le roialme si est arremain verroie obeizance au roy & fes ministers foundement de tut paix & quiete en mesme le roialme sicome clearment appiert ꝑ l'obeizance que les gentiles fierent au roy en dit insurrection & ꝑ cest causes devant ditz . et ꝑ purveyances des remedies besoignables en celle partie & auxint ꝑ ordinance faire ꝑ le salve gardes terres & seigniories nostre dit seigniour le roy cybien de ceo come de la , & ꝑ remedy fair & purvoier a touts les leiges le roy en ceo parlement s'ils ou ascun dieux lour vorront complendire de choseque ne poit estre remediez forsque en parlement ad nostre dit seigneur le roy fait sumondre ce present parlement . et sil ad auxint ordeignez certains prelatz , seigneurs & iustices , triours , & certain clerks de sa chancellerie receivours des petitions come vorra bailer avant en ceo parlement ꝑ mannire come errez lire ꝑ le cleric . de parlement en escript que sensuit de mot a mot . resceivours des petitions dengleterre , ireland , gales , & escoce . sire john de waltham . sire richard ravenser . sire thomas newenham . sire john de freton . resceivours des petitions de gascoigne , & d'autres terres & pais deper de la. sire piers de barton . sire john bouland . sire robert muskham . sire john scarle . et ceux que veullent bailler lours billes les baillent avant ꝑ entrecy , & la feste de touseintz prochein venantz ycell mesme jour accompte . et sont assigner triours des petitions dengleterre , irlande , gales , & escoce . le roy de castill , de leon , duc de lancaster . l'archevesque de canterbrie . l'evesque de londres . l'evesque de wyncestre . l'evesque de elye . l'evesque de salisbrie . l'abbe de saint augustine de canterbrie . l'abbe de waltham . le count de kent , mar●all dengleterre . le count de arundell . le count de warr ' . le count de northumbr ' . le seigneur de nevill . mouns . richard de scroope . mouns . guy de bryen . mouns . robert trisilian . mouns . robert belknapp . toutz ensemble ou des prelatz & seigniors avantditz aumeins appellez a eux chanceller , treasurer , seneschal & chamberleyne , & ay les sergeantz nostre seignior le roy , quant il busoignera & tendront lour place en le chambre de chamberleyn apres de la chambre de peint . et sont assignez triours des petitions de gascoigne , & d'autres terres & pais de la mere & les isles . l'evesque de nichole . l'evesque de norwiz . l'evesque de st. david . l'evesque de excestre . l'evesque de hereford . l'abbe de westm. l'abbe de glastingbrie . le count de cantebruy . le count de buck. conestable dengleterre . le count de stafford . le count de salisbrie . le seignior fitzwater . le prior de st. johan jerusalem en engleterre . mouns . johan de cobham de kent . mouns . william skipwith . mouns . roger fulthorp . mouns . david hannemer . touz ensemble ou quatre des prelatz & seigniors avantditz , appellez a eux chanceller , treasurer , seneschall , chamberleyn , & les serjeants le roy , quant il busoignera , & tendront lour place en la chambre marcolf . et la dite cedule lue en dite parlement mesme le chanceller parlast autrefoitz . et dit seigniors & sires cy presents , qui aves la summonce de cest parlement , le roy vous comande sur le paine qu'appeint , que aiantz due consideration a les necessaires matires a vouz ore monstrez , & a les importables mischeifes apparantz , & auxint a la grant necessitée que le roi ad ore de thresor , & d'avoir pur remedier ycelles mischeifes qu eux sans grant fuison d'avoir ne poent jamais estre remediez vous messieurs les prelatz & seigniors temporelx , per vous mesmes & vous seigniors de la comune , per vos mesmes veulliez comuner diligeaument sur cest matires , & des remedyes busoignables a tout le haste que vouz purrez oustant de tout le communement d'autre matire collaterale quelconque en le moien temps , & vos advisent pris reporter de temps en temps au roy nostre seigneur , ou fyu que les matires necessaires touches & a toucherez soient a bone deliberation examinez , tretez & exploitez , & toute autre impertinent matire mys aderere ꝑ le temps : et le parlement ꝑ tant myse a gratiouse & bone fine , que dieu grant . et le roy vouz comande trestouz , que vous retournez de jour en autre pur treter & fair ce ꝑ quoy vous estes venuz , dont vous avez maintenant vostre charge sans departer de cest parlement ꝑ voie quelconque si eins ne soit que vous ent averez especiale congie de nostre dit seignior le roy , sur le perill avantdit . item fait a remembrer , que les seigniours & comunes en eest parlement assemblez , considerez les outrageouses charges que nostre seignior le roi port parmy les guerres overts de toutes partz , & autrement granterent a nostre dit seignior le roy une quinzisme avoir & receiver de eux ꝑ les forme & conditions en touts points comprise en un cedule sur ce fait endentee & liveree avant en parlement par mesmes les comunes , & nemye en autre maniere par voie quelconque , & pria la dite comune ꝑ especiale a nostre dit seigneur le roy , que la dite cedule quele ils ont fait come celle que pleinmrnt contient la maniere de lour grant dont mesme la comune y fist plein declaration ꝑ bouche devant nostre dit seignior le roy en plein parlement , st feust entrée en rolle de parlement de mot a mot , & en null autre maniere ꝑ ascun voie que le request lour estoit octroiez de quel cedule issint leverée le tenure sensuit de mot a mot . . anno e. . a truce being concluded between the english and french , by king edward's ambassadors , who therein had dishonourably agreed to include the scots ; the ambassadors , at the ensuing parliament , were sharply rebuked and corrected , not only by the king himself , the prelates , and nobles , but by the commons ; but to take away exceptions , let the record speak . treugae initae inter angliae & franciae reges per eorum procuratores & nuncios , anno gratiae . pro quibus dicti nuncii regis angliae reprehensi fuerunt non solum per ipsum regem & praelatos & nobiles , sed etiam communitatem regni praedicti ; pro eo quod promiserunt regem & gentes scotiae includi in treugis ex parte francorum regis , ex parte confederationis prius initae inter francorum & scotorum reges praedictos . . anno e. , a war being between england and france , the pope sent two cardinals to conclude a truce between the two crowns ; whereupon king edward declares , nos pro eo quod praelatis & proceribus ac magnatibus regni nostri necnon confederatis nostris quorum interest inconsultis dicte treugae tunc assentire non poteramus parliamentum nostrum apud westmonast . in crastino purificationis beate mariae virginis ultimo preterito mandaverimus convocari ut tam ipsorum praelatorum & procerum , ac communitatum dicti regni nostri quam confederatorum nostrorum praedictorum habere possemus de liberationem quid agendum foret consultius in hac parte , &c. and afterwards , the record says , nos habita in dicto parliamento cum praelatis & proceribus ac communitatibus regni nostri praedictis necnon cum nunciis ad nos de dictis confederatis nostris accedentibus super hiis deliberatione pleniori licet consideratis qualitate temporis jam currentis & facti circumstantiis nobis & ipsis visum fuerit periculosum fore multipliciter & dampnosum aliquam cessationem seu dilationem ulterius concedere , &c. had we had left us the parliament rolls of h. . e. . e . and some in e. . which are destroyed or lost , truth ( to which all owe a submission ) would have more plainly appear'd . a quere touching the parliament of scotland . what the constituent parts of the commune consilium or parliament of scotland , was in the time of our king e. . near years since , ( and why not the same before ) is ( amongst other authorities ) proved as i conceive by a grand record in the tower of london , which declares that the league between the scotch and french , was ratified and confirmed . inter ipsum francorum regem em una parte & dictum dominum johannem de balliolo ac prealatos & nobiles ac universitates & communitates civitatum & villarum dicti regni scotiae pro ipsis & eorum haeredibus & successoribus ex altera . et etiam ad includendum dictum dominum johannem & caeteros omnes terrae scotiae predictos in treugis inter dictos angliae & franciae reges initis proipsis & eorum heredibus subditis & confederatis ad fines infrascriptos . a query may arise from this record , if the tenants in capite only , compounded and made the parliament of that kingdom in former ages , as some hold . the query is this . whether all prelates , noblemen , universities and communities of cities and towns of scotland , held of the scotish king in capite , tempore e. . for if they held of any other , or of him otherwise then in capite , how could the tenants in capite be the only members of the parliament , according to the exact enumeration of the constituent parts mentioned and set down in this great record , which tells us , that the league was made . on the one part between the king of france ; . on the other part between , . john balliol , who was then king , . the prelates , . the nobles , . the universities and communities of the cities and towns of the kingdom of scotland , . and that for themselves , . and for their heirs and successors . the late proceedings touching ship-money declared unlawful , and all records and process concerning the same made void . whereas divers writs of late time , issued under the oreat seal of england , commonly called ship-writs , for the charging of the port-towns , cities , boroughs and counties of this realm , respectively , to provide and furnish certain ships for his majesties service . and whereas upon the execution of the same writs , and returns of certioraries thereupon made , and the sending of the same by mittimus into the court of exchequer , process hath been thence made against sundry persons pretended to be charged by way of contribution , for the making up of certain sums assessed for the providing of the said ships ; and in especial , in easter-term , in the thirteenth year of the reign of our sovereign lord the king that now is , a writ of scire facias was awarded out of the court of exchequer , to the then sheriff of buckinghamshire , against john hampden esq to appear , and shew cause why he would not be charged with a certain sum so assessed upon him . upon whose appearance and demurer to the proceedings therein , the barons of the exchequer adjourned the same case in the exchequer-chamber , where it was solemnly argued divers days , and at length it was there agréed , by the greater part of all justices of the courts of kings-bench and common-pleas , and of the barons of the exchequer , there assembled , that the said john hampden should be charged with the said sum , so aforesaid assessed on him . the main grounds and reasons of the said justices and barons so agreed , being , that when the good and safety of the kingdom in general is concern'd and the whole kingdom in danger ▪ then the king might by writ under the great seal of england , command all the subjects of this his kingdom , at their charge to provide and furnish such manner of ships with men , victuals and munition and for such time as the king should think fit , for the defence and safe-guard of the kingdom from such danger and peril ; and that by law the king might compel the doing thereof , in case of refusal or refractoriness ; and that the king is the sole judge both of the danger , and when and how the same is to be prevented and avoided . according to which grounds and reasons , all the justices of kings-bench and common-pleas , and the said barons of the exchequer , having been formerly consulted with , by his majesties command , had set their hands to an extrajudicial opinion , expressed to the same purpose , which opinion , with their names thereunto , was also by his majesties command , inrolled in the courts of chancery , kings-bench , common-pleas and exchequer , and likewise entered among the remembrances of the court of star-chamber ; and according to the said agréement of the said justices and barons judgment was given by the barons of the exchequer , that the said john hampden should be charged with the said sum so assessed on him ; and whereas some other actions and process depend , and have depended in the said court of exchequer , and in some other courts against other persons , for the like kind of charge grounded upon the said writs commonly called ship-writs , all which writs and proceedings as aforesaid , were utterly against the law of the land. be it therefore declared and enacted by the kings most excellent majesty and the lords and commons in this present parliament assembled , and by the authority of the same , that the said charge imposed upon the subjects , for the providing of ships , commonly called ship-meony , and the said extrajudicial opinion of the said justices and barons , and the said writs , and every of them , and the said agreement or opinion of the greater part of the said justices and barons , and the said judgement given against the said john hampden , were , and are contrary to , and against the laws and statutes of this realm , the right of propeety , the liberty of the subjects , former resolutions in parliamrnt , and the petition of right made in the the third year of the reign of his majesty that now is . and it is further declared and enacted by the authority aforesaid , that all and every the particulars prayed or desired in the said petition of right , shall from henceforth be put in execution accordingly , and shall be firmly and strictly holden and observed , as in the same petition they are prayed and expressed ; and that all and every the records and remembrances of all and every the judgments , inrollments , entry and proceedings as aforesaid , and and every the proceedings whatsoever upon , or by pretext or colour of any of the said writs , commonly called ship-writs , and all and every the dependents on any of them , shall be deemed and adjudged , to all intents , constructions and purposes , to be utterly void and disanulled , and that all and every the said judgment , inrollments , entries , proceedings and dependents of what kind soever , shall be vacated and cancelled , in such manner and form as records use to be that are vacated . finis . by reason of the hast and throng of the press , the reader is desired to correct those errata in the book . pa. . ommons r. commons , pa ▪ : in mar. for witnesses r. members , pa. . for § r. § : p. . in mar. for sir cooke r. sir edward cooke . errata in the appendix . pa. . l. . proditoriae r. proditorie , n. . in mar. h r. h. . n. . the next p. l. . archeipis r. archiepo , l. . universitatis r. vniversitas , p. . l. . for sive r. sine , l. . praedica vistis r. praedicavistis . p. . l. . tacites r. tacite . the antient right of the commons of england asserted , or , a discourse proving by records and the best historians , that the commons of england were ever an essential part of parliament . by william petyt of the inner-temple , esq jani anglorum facies nova : or , several monuments of antiquity touching the great councils of the kingdom , and the court of kings immediate tenants and officers from the first of william the first , to the forty ninth of henry the third , reviv'd and clear'd . wherein , the sense of the common-council of the kingdom mentioned in king john's charter ; and of the laws ecclesiastical , or civil , concerning clergy-men's voting in capital cases is submitted to the judgment of the learned . notes, typically marginal, from the original text notes for div a -e apud foxum vol. . col . . & the bishop of winchester's letter to the duke of somerset , protector to e. . plutatchus lib. cum principibus philosophos debere disputare . qui semper corrumpunt principes , reges ac tyrannos , nempe delatores criminatores , & adulatores , ab omnibus exiguntur , puniunturque ut qui non in unum calicem lethale venenum mittant , sed in fontem publicitus scatentem , & quo vident omnes uti . quemadmodum non uno supplicio dignus est , qui fontem publicum , unde bibant omnes , veneno infecit ita nocentissimus est , qui principis animum pravis infecerit opinionibus , quae mox in tot hominum permiciem redundent . nam si capite plectitur , qui principis monetam vitiarit , quanto dignior est eo supplicio , qui principis ingenium corruperit . osorius lib. . de regis institutione , occurrit alia adulatorum turba prudentiae nomine commendata qui utse in gratiam regum iusinuent illis persuadent eos esse supra leges ( & post aliqua . ) nunquam in regnis & civitatibus homines scelerati defuerunt , nec hodie desunt qui principes erroribus turbulentis iuficiant , quibus illi quidem annumerandi sunt , qui cum se jure consultos existimari velint regibus persuadent illos omnino solutos esse legibus : observ. . cardan lib. de utilitate ex adversis capiend● cap. de principis incommodis , p. . observ. . rot. parl. . h . act . the attainder of the l. cromwel a dangerous boast of any one minister . actus parl. an , and . e. . no. . an act touching the fine and ransome of the duke of somerset . a remarkable instance how dangerous it is for one single minister to have a monopoly of the king. observ. . apud foxum , vol. d. stephen gardiner bishop of winchester , his letter to the d. of somerset , protector to e. . coke . inst so . . ld. herbert hist. of h. . fo . rast. stat. . h. . cap. . observ. . rastal's , and . e. . cap coke . inst. fo . . rastals stat. . ed. . cap. . out of a paper in the hands of my good friend mr. john rawley , a worthy citizen of london , nephew and executor to dr. rawley , first and last chaplain to the l. bacon . my lord bacons memento . ex journali domus procerum , annis , and . jacobi regis . maii this bill after pass'd unto a law. notes for div a -e cromptons jurisdiction of courts , p. , , , , . h. . an. dom. . breach of priviledge . ferrers arrested going to the parl. house . the serjeant of the parliament sent to the compter for him . and demands the prisoner . but the officers deny him . and assault the serjeant . breaks the crown of the mace , & strikes down his man. complains of it to the sheriffs , and demands the prisoner . who contemptuously reject the same . the serjeant returns and acquaints the house . who highly resent it . it was ordinary for either house , upon emergent occasions , to give an account to each other , as in the time of r. . h. . h. . e. . & queen mary , the great officers of state , as the chancellor , treasurer , &c. went down to the house of commons to give them particular accounts . the ld. chancellor in parliament offers the commons a writ to deliver their burgess , but they refuse it , as being clear of opinion , that all their commandments & acts were to be done and executed by their serjeant , without writ . the sheriffs ordered to appear , and bring with them the clerks of the compter . and accordingly they did . who are charged by the speaker . being not admitted to any councel . the sheriffs committed to the tower. the clerk to little ease , and the serjeants to newgate . all at last delivered upon the humble suit of the mayor , and other their friends . the king takes notice of the proceedings . the king in the presence of the chancellor & judges , with whom he had consulted before of this matter , commends and approves the proccedings of the commons . here the king from the mouth of the lord chancellor , declares the ancient priviledg of the commons , even for their menial servants , and gives an instance in the cook of the temple . the king head , and the lords and commons members of the high court of parliament , in which he stands highest in his royal estate . the court of parliament . nota , all acts and processes coming out of any inferiour court , must cease and give place to the highest . sir edward mountague chief justice of england , who we cannot believe to be misconusant of the ancient proceedings in parliament , and of the priviledge of the house of commons , together with the rest of the judges , by reasons which wanted not authorities , confirmed what the king had said . journal dom. com. . ed. vi. notes for div a -e journ . dom. com. eliz. maii , anno dom. . misdemeanors of a member of the house of commons , for sundry lewd speeches as well in the house , as abroad . ordered that those who heard them , to put them in writing , and deliver them to the speaker . mond . febr , mr. hall appears , and is cleared . humbly confesseth his folly . and is remitted by the house . journal . dom. comm. anno . eliz. . feb. a. d . breach of priviledge , confederacy , and contempt . friday . feb. munday . feb. smalley to be brought to the house by the mace , and not by writ . tuesday . feb. smalley brought to the bar , was presently delivered out of execution . wednesday . march post meridiem . mr. hall , smalley's master , withdraws . smalley adjudged guilty of a contempt against the house , for fraudulently procuring himself to be arrested . kirtleton in confederacy with him . smalley to be committed to the tower for his misdemeanor and contempt . the like judgment for kirtleton . both to be brought into the house , to receive their judgements . mr. hall's privity in the matter to be referred to a further debate . saturday , march. the speaker pronounced judgement upon smalley . saturd . . feb. an. . eliz. journ . dom. com. mr. hall's charge for writing a book derogatory to the authority , power and state of the commons house of parliament . mr. hall ordered to be sent for by the serjeant at arms two knights , members of the house , to assist the serjeant . a commission to a committee to send for the printer , and to examine the matter . to report to the house , and to take order for hall's apprehension . and if any member should see him , to stay him , and bring him to the house . munday feb. mr. secretary wilson reports the examination of hall's case from the committee . hall appears , and was called to the bar , where he was charged by the speaker with his offence . the printer brought to the bar. and shirland , who was examined . and wells , who was also examined . a committee appointed to examine further the whole matter . m. hall brought to the bar again , and committed to the serjeant to attend the committee . bynnyman , wells , and shirland , ordered likewise to attend the committee . dalton also ordered to attend tuesd. feb. another report from the committee against hall , of new contempts and crimes added to his former . mr. hall chargeth the house with injustice . nota. the printer brought to the bar again , and re-examined . mr. hall at the bar , and recharged by mr. speaker . submits , refuseth to answer , acknowledgeth his error , prays pardon , and is sequestred . sundry motions for a proportionable punishment . resolved , nemine contradicente hall to be committed to prison . and that prison to be the tower there to remain for six months . and from thence , till he made a retractation of his book . to be fined to the queen . and that fine to be marks . to be severed and cut off from being a member of the house . and the speaker to issue a warrant for a new writ . his book and slanderous libel to be adjudged utterly false and erroneous . and that to be publickly testified and affirmed by order of the house . hall brought to the bar to receive his judgment , which mr. speaker delivered accordingly . the proceedings against hall drawn up , read and agreed to by the house . rot. pat. h. . m. . dorso . forma pacis inter regem & barones . the articles of peace à domino rege & domino edwardo , praelatis & proceribus omnibus , & communitate tota regni angliae communiter & concorditer approbat . were sealed by the bishops of lincoln and ely , earl of norf. earl of oxon. humphrey bohun , william de monte canisio , & major . london . in parliamento london . mense junii , anno dom. . de consensu , voluntate & praecepto domini regis , necnon praelatorum , baronum , ac etiam communitatis tunc ibidem praesentium . and not only so , but that record tells us , quod quaedam ordinatio facta in parliamento london . habito circa festum nativitatis sancti johannis baptistae prox ' praeteritum , pro pace regni conservanda . pultons stat. h. . c. . it is unanimously declared , adjudged and confirmed , that the king , his noble progenitors , and the nobility and commons of the said realm , at divers and sundry parliaments as well in the time of king e. . r. . h. . and other noble kings of this realm , made sundry ordinances , laws , statutes and provisions for the entire and sure conservation of the prerogative , liberties and preheminences of the said imperial crown of this realm , and of the jurisdiction spiritual and temporal of the same , to keep it from the annoyance as well from the see of rome , as from the authority of other foreign potentates , attempting the diminution and violation thereof , as often and from time to time as any such annoyance and attempt might be known or espied . ex vetusto ms. staeturorum penes johan ' peachy de interior ' templo armig. king edw. . and the whole parliament , in the . year of his reign , when the ordinances which had been made before that time , by certain prelates , earls and barons , by the consent of that king , & la comunante de la terre , were repealed , because in many things they restrained ▪ the power royal too much ; yet in the act of repeal there is a salvo semper jure regni sive parliamenti , for they unanimously agree and provide , mes les choses que sont establer pur le state nostre seigneur le roy & ses heirs , & pur le state du roialme & du peuple , soient tretez , accordez & establez en parlement par nostre dit seigneur le roy , & par l'assent des prelatz , comtz , barons , & tout le commune du roialme , auxi come ad estre accustumer ceo en arrear ; that those things which are for establishing the estate of the king and his heirs , and for the estate of the realm , and the people thereof , shall be treated of , accorded and established in parliament by the king , and by the assent of the prelates , earls , barons , and all the commons of the realm , as it had been accustomed in times past . rastals stat. anno e. . f. . the statute of provisors from rome . and to the intent that the said ordinances and every of the same , for the ease , quietness and wealth of the commons , be the better sustained , executed and kept , and that all those which have offended , or shall offend against these ordinances , by prosecutions , accusations , denunciations , citations , or other process , made or to be made out of the said realm , or within , or otherwise against any manner of person of the said realm , be the more covenable , and speedily brought in answer , to receive right according to their desert . the king , the prelates , dukes , earls , barons , nobles , and other commons , clerks , and lay-people , be bound by this present ordinance to aid , comfort , and to counsel the one and the other , and as often as shall need , and by all the best means that may be made of word and of deed , to impeach such offenders , and resist their deeds and enterprizes , and without suffering them to inhabit , abide , or pass by the seignories , possessions , lands , jurisdictions , or places , and be bound to keep and defend the one and the other from all damage , villainy , and reproof , as they should do their own persons , and for their deed and business , and by such manner , and as far forth as such prosecutions or process were made or attempted against them in especial general , or in common . rot parl. r. . n. . pur le pape s'accorderent touts les prelats , seigneurs & communes en le parlement . that pope urban was true & lawful pope , and that the livings of all cardinals , rebels to holy father , and all others their coadjutors , fautors and adherents , and all other enemies of the king and his realm , shall be seized into the hands of the king , and the king to be answered of the profits thereof ; and whosoever shall procure or obtain any provision or other instrument from any other pope then the said urban , shall be out of the kings protection . certaine priests en angleterre avoient offend en diverse points en temps r. . durant le division de la papacy , les fueront per act del parlement deprives de leur benefices . h. . fo . . rot. parl. h. . par . . num . . an act of parliament made h. . agrees and confirms , that it was ever the liberty and freedom of the commons of england , that no statute or law could be made , unless they gave thereto their assent ; and the reason was convincing and certain , which the king and his councel , the archbishops , bishops , abbots , priors , earls and barons in parliament , agreed to , and never in the least questioned or doubted of , that the commons of the land have ever been a member of parliament , and were as well assenters as petitioners . the record is thus ; that so as it hath ever be their liberte and freedom , that ther should no statute , ne law , be made , of less then they yaffe thereto there assent , considering that the common of your lond , the which that is and ever hath be a membre of your parliament , ben as well assenters as petitioners . rot. parl. h. . n. . nostre seigneur le roy per avys & assent des seigneurs & communes , enact . that during the schism at rome , all bishops and other persons of holy church , shall be consecrated by the metropolitan , upon the kings writ , without further excuse or delay . pultons stat , h , . c. . it was enacted by authority of parliament , that all archbishops and bishops of this realm , or of any the kings dominions , consecrated , and at this present time taken and reputed for archbishops and bishops , may by authority of this present parliament , and not by vertue of any provision , or other foreign authority , license , faculty , or dispensation , keep , enjoy and retain their archbishopricks and bishopricks , in as large and ample manner , as if they had been promoted , elected , confirmed and consecrated , according to the due course of the laws of this realm ; and that every archbishop and bishop of this realm , and of other the king's dominions , may minister , use and exercise all and every thing and things , pertaining to the office or order of an archbishop and bishop , with all tokens in signs and ceremonies thereunto lawfully belonging . rastals stat h. . c. . it is declared both by the lords & commons , that your royal majesty , and your lords spiritual and temporal , and commons representing the whole state of your realm , in this your most high court of parliament , have full power and authority not only to dispence , but also authorize some elect person or persons to dispence with those and all other humane laws of this your realm , and with every one of them , as the quality of the persons and matter shall require ; and also the said laws and every of them to abrogate , adnul , amplifie or diminish , as shall be seen unto your majesty , and the nobles and commons of your realm , present in your parliament , meet and convenient for the wealth of your realm , as by divers good and wholesom acts of parliament , made and established as well in your time , as in the time of your most noble progenitors , it may plainly and evidently appear . pultons stat. an. & e. . cap. . all laws prohibiting spiritual persons to marry , who by gods law may marry , shall be void . be it therefore enacted by our soveraign lord the king , with the assent of the lords spiritual and temporal , and the commons in this present parliament assembled , and by the authority of the same , that all and every law and laws positive , canons , constitutions , and ordinances heretofore made by authority of man only , which do prohibit or forbid marriage to any ecctesiastical or spiritual person or persons , of what estate , condition or degree they be , or by what name or names soever they be called , which by gods law may lawfully marry , in all and every article , branch and sentence , concerning only the prohibition for the marriage of the persons aforesaid , shall be utterly void and of none effect ; and that all manner of forfeitures , pains and penalties , crimes or actions , which were in the said laws contained , and of the same did follow , concerning the prohibition for the marriage of the persons aforesaid , be clearly and utterly void , frustrate , and of none effect , to all intents , constructions and purposes , as well concerning marriage heretofore made by any of the ecclesiastical or spiritual persons aforesaid , as also such which hereafter shall be duly and lawfully had , celebrate and made , betwixt the persons which by the laws of god may lawfully marry . lastly , knighton one of our best and most exactest historians , tells posterity the ancient ends of calling parliaments , in the speeches made by tho. de woodstock duke of gloucester , the kings uncle , and tho. de arundel bishop of ely , to king richard d . at eltham , in the th . year of his reign , in the name of the whole parliament then sitting at westminster , wherein the said delegates do put that king in mind , quod ex antiquo statuto & consuetudine laudabili & approbata , &c. ( saith the historian ) that by ancient statute and custom laudable and approved , which no man could deny , the king may once in the year convene his lords and commons to his court of parliament , as to the highest court of the whole realm . [ in qua omnis equitas relucere deberet absque qualibet scrupulositate vel nota , tanquam sol in ascensu meridiei , ubi pauperes & divites pro refrigerio tranquilitatis & pacis , & repulsione injuriarum refugium infallibile querere possent , ac etiam errata regni reformare , & de statu & gubernatione regis & regni cum sapientiori concilio tractare , ut inimici regis & regni intrinseci , & hostes extrinseci destruantur & repellantur , qualiter quoque onera incumbentia regi & regno levius ad ediam communitatis suportari poterunt . ] in which court ( say they ) all equity ought to shine forth , without the least cloud or shadow , like the sun in his meridian glory , where poor and rich refreshed with peace and ease of their oppressions , may always find infallible and sure refuge and succour ; the grievances of the kingdom redress'd , and the state of the king and government of the realm debated with wiser counsels , the domestick and foreign enemies of the king and kingdom destroyed and repelled , and to consider how the charges and burthens of both may be sustained with more ease to the people . saturday the . of march. a further order against mr. hall. hall's retractation to be referred to a certain committee . the committee to report hall's retractation at the next session of parliament . anno eliz. jour . dom. com. saturday december . contempt in a member . the serjeant to give warning to mr. hall tu attend the house . monday the november , anno eliz. an. dom. mr. markham's complaint against mr. hall. that he being for ever disabled to be a member of the house , had notwithstanding brought his writ against the inhabitants of grantham for his wages who pray the advice and order of the house . friday the d . of december . referred to a committee . with directions if they think good , to move the lord chancellor to stay the granting of further process against the burrough . tuesday the . of march. the ld. chancellor , at the request of the committee , stays further process against grantham . mr. hall frankly remits his wages to the burrough of grantham . ex journ . dom. com. judgment . the like president an. car. . vid. journ . dom. com. journ . dom. proc. & com. the bishop of bristol's case . ex journ . dom. proc. & com. jac. the case of dr. cowell . men despise and reproach those things whereof they are ignorant . it is a desperate and dangerous matter for civilians and canonists , ( i speak what i know , and not without just cause ) to write either of our common laws of england , which they profess not , or against them , which they know not . but their pages are so full of palpable errors , and gross mistakings as these new authors are out of our charity , and their books out of our judgment , cast away unanswered . coke lib. . lectori . blackwood's case . jour . dom. com. nota. e contra vide the ancient rights of the commons of england asserted , or a discourse , proving by records and the best historians , that the commons of england were ever an essential part of parliament . the power of kings , in particular of the kings of england , learnedly asserted by sir robert filmer kt. fol. . printed an. dom. . king james's first speech to his first parliament in england . pulton's stat. jac. cap. . fol. . king charles the i. declaration to all his loving subjects , published with the advice of his privy councel . exact collections of declarations , pag. , . journ . dom. com. dr. manwaring's case . juratores praesentant quod richardus empson nuper de london miles nuper consiliarius excellentissimi principis henrici nuper regis angl. . die maii anno regni dicti nuper regis . & diversis vicibus antea & postea apud london in parochia sanctae brigettae in warda de farrington extra , deum prae oculis non habens , sed ut filius diabolicus subtiliter imaginans honorem , dignitatem , & prosperitatem dicti nuper regis , ac prosperitatem regni sui angliae minime valere , sed ut ipse magis singulares favores dicti nuper regis adhiberet , unde magnat . fieri potuisset , ac totum regnum angliae , secundum ejus voluntatem gubernaret falso deceptivè & proditoriè legem angliae , subvertens diversos ligeos ipsius nuper regis , ex sua falsa covina , & subtili ingenio , contra communem legem regni angliae . anderson's . rep. fol. . vide rushworth ' s collections , fo . judgment against the doctor . journ . dom. procerum . the doctor 's submission . ex agupeto diacono . assentatores à regibus tanquam pestis vitandi . nam non utilia consulunt , sed quae placent . . sic diogenes rogatus quaenam bellua perniciosissime morderet ex feris inquitobtrectator ex cicuribus vero adulator . the lords order the bishop of london to suspend the doctor . journ . dom. proc. die sabbathi , die april . car. april . . april . april . journ . dom. com. car. . dr. mountague's case . * the dr. writ and published several tenents , tending to arminianism and popery . * lord brook ( friend to sir phillip sidney ) in his alaham. had done a contempt to the commons and distrubed the nation , car. voted . car. resolved by that parliament that he had sowen sedition , and endeavoured to reconcile us to rome . articles against mountague . campanella de monar . hispan . notes for div a -e jour . dom. com. anno. eliz. dr. parry's case . journ . dom. com. jac. sir giles mompesson's case . journ . dom. proc. jac. the lords judgment againw him . * journ . dom. com. jac. sir john bennet ' s case . illos extollimus , qui fraudibus ac dolis divites facti sunt , eos patres legum , justitiae fontes , sapientiaeque thesauros appellantes , o inconcussa dei justitia , quamdiu haec pateris ? ab horum igitur scholis , in quibus non sat scio an de veritatis inventione , an potius de lucri spe major sit disceptatio , prodeunt judices , praesides , atque ministri , manibus tenacibus , oculis impudicis , effrenata libidine , lapideis cordibus , ficta gravitate , lingua melliflua , sed dentibus virulentis , & breviter auri insatiabili fame . cardan , libro de utilitate ex adversis capienda . cap. de temporum & magistratuum pravitate , p. . journ . dom. com. jac. sir robert floid's case . turned out for being a monopolist . journ . dom. com. car. . mr. john barbour's case . the order of the commons against barbour . notes for div a -e journ . dom. com. e. . criketost's case . journ dom. com. jac. complaint that a yeoman of the guard who kept the door of the lobby of the upper house , against several of the members of the house of commons . marti . tash brought to the bar , submits , and is pardoned , paying fees. journ . dom. com. . jac. sir francis mitchell's case . committed to the tower. carried on foot through london-streets . after impeached by the commons before the lords . journ . dom. proc. jac. the lords send to the commons . that they are ready to give judgment against mitchell , if they would come and demand it . the commons by their speaker demand judgment against sir francis mitchell . the lord chief justice pronounceth the judgment . the judgment of the lords against sir francis mitchell . there was a clause in patents of monopolies , whereby power was given to imprison , and hundreds were committed by colour thereof to finsbury gaol , and the fleet. journ . dom. proc. jac. fowles , geldard and others committed . journ . dom. com. jac. dr. harris's case . to recant in the pulpit . journ . dom. com. car. . mr. burgesse , a minister , his case . journ . dom. com. the case of sir william wray , m. langton , mr. john trelawnie , and mr. edward trelawnie . the judgment of the commons . the commons house of parliament adjudge them . to make submission in the countrey at the assizes . journ . dom. com. . car. . levet , for executing a patent in time of prorogation , which was adjudged a grievance by the house in the last session , ordered to be sent for by the serjeant at arms. journ , dom. com. . car. . the parliament prorogued . journ . dom. com. car. . the officers of the custom-house . journ . dom. com. car. . the case of acton , sheriff of london , for contempt in prevaricating in his testimony . ordered to be sent for . tuesd. feb. appears , and called to the bar. his crime with others aggravated . sentenced to the tower. journ . dom. com. car. jan. the case of lewis . notes for div a -e journ . dom. com. jac. the case of the mayor of winchelsey . judgment against the mayor . journ . dom. com. jac. the case of the mayor of arundel for misdemeanour . judgment . to pay the charge , to be set down by members . jou●n dom. com jac. the case of ingry the under sheriff of cambridgeshire judgment . to make a submission at the sessions . journ . dom. com. & car. . tuesd. apr. . the case of the sheriffs of york , and others touching the election of sir thomas savile . nota. nota. nota. sir robert philips . the sheriff to pay the charges of the witnesses , to be set down by four witnesses . committment of davenport to the tower , for misinforming the house of commons , as a witness . anno primo regis jacobi , num. . penes joh. brown , ar. cler. parliamentor . nota. anno car. . pult. stat. fol. . e. . no tallage or aid to be laid or levied without authority of parliament . e. . . r. . . r. . . h. . . e. . . e. . . e . . e. . . r. . . quartering souldiers against law. e. . . h. . . e. . ● . e. . ● . nota. martial law in time of peace , against the laws and statutes of england nota. nota. here the good king condemns the law and doctrine of dr. cowell , blackwood , manwaring , fulbeck , sibthorpe , alablaster , filmer , and their transcribers and disciples . notes for div a -e journ . dom. com. parl. jac. mercurii maii , a. d. a bill is delivered to the speaker going to the house , purporting a declaration of treason by a magistrate of the land , who gives an account of it to the house . who forbear to read it at that time . the king sends for the bill . the house expected an accompt thereof from mr. speaker , and after demands it . questions handled thereupon . to cease with a caution & care of the priviledge of the house . to be registred as the judgment of the house , that no speaker should deliver a bill , whereof the house was possessed without leave . the speakers excuse . motions by several members . no bill of which the house is possessed , to be delivered without notice and leave of the house . jur. dom. com. die venris . february , jac. a. d. . a message from the king. the union of england and scotland . that the writ called them to consul . de arduis regi . their attendance a great duty . departure a greater contempt than a noblemans . adviseth no lawyer or other of note to depart . would assist the house for their stay or recalling . motions and debates upon the message . mr. speaker's motions . others move . questions made . question . question . question . resolves . order . veneris . february . the union of england and scotland . die martis . martii . mr. hide departs without license and is sent for . resolved that other letters be writ to other members who were lawyers . the form of the letter . jurn . dom. com. . jac. vereris . maii. order that a committee . take into consideration misinformations given to the king , concerning the proceedings of the house of commons . jour . par. dom. com. . . jac. . martii . the case of dr. lamley , chancellor to the bishop of peterburrough , and dr. cradock a divine , chancellor to the bishop of durham . dr. lamely accused for extortion and other misdemeanours . dr. cradock accused for briberies and other misdemeanours . kelway , fo. . rastall's stat. h. . c. . journ . dom. com. jac. sabbathi die junii . confirmation of the order concerning all patents adjudged grievances ▪ journ . dom. com. lunae martii . concerning all patents adjudged grievance . journ . dom. com. sabbathi martii . order pro churchill . march . sr. robert phillip's reports from the committee appointed to examine keeling and churchill , who informed them of many corruptions against the lord chancellor . april . a committee for regulating the chancery , and to consider of churchill's false orders , and the faults of the rest of the registers . sir dudley diggs saith , that churchill was register , councellor and judge , referred to the committee . anno jac. a copy of the petition remaining with william goulds borough , esq clerk of the house of commons . the complaint of the mayor , bayliffs , and burgesses of northampton , against dr. lamb , chancellor to the bishop of peterborough . nota est cyclopum vivendi ratio , quibus illa crudelis vox in tragoedia attribuitur non ulla numina expavesco coelitum , sed victimas , uni deorum maximo ventri offero , deos ignoro caeteros . in praef. ad covarru . opera . nota. dr. sibthorp . the speaker's order upon the petition . lamb , doctor in the civil law. journ . dom. com. jac. martii . the case of mr. steward , a scotchman , elected to be a member of parliament , but rejected , because a denizen . veneris maii. journ . dom. com. , jac regis , veneris aprilis . the case of the lady darcy , against the bishop of lincoln , lord keeper of the great seal of england . the lady and another were grantees of an heir by the court of wards then presented a clerk to the bishop of lincoln , but refused , who presented another . the lady sues for a writ of quare impedit . the cursitor denies it by order of the bishop being lord keeper . whereupon she complains to the commons , who refer it to a committee . debates in the committee . proposals by d. grant , whom the bishop and lord keeper had presented . the lord keeper's answer and excuse . the lady will stand and fall by judgement of the house . considerations in the committee . who delivered no opinion , leaving all to the house . debates in the house by several members thereof . nota. the debate goes off . journ . dom. com. & . jac. regis , veneris maii , . the case of the bishop of norwich , impeached by the commons . the first head of his charge ▪ the second head . * vide rot. parl. e. . n. , vide pult. stat. e. . fo . . fox vol. . f. ▪ rot par. e. n. . . the stat. of provisors , e. . rast. f. rot. par. e. rot. par. e. n. . rot. parl. . r. . n. . rast. stat. . r. . cap. . item , the king at the prayers of the commons , shewing to him by petition , how that priests become very scant after the pestilence , to the great grievance and oppression of the people , hath spoken to the archbishop of canterbury , and the other bishops , being in the arliament , to set thereupon a covenable remedy ; which archbishops and bishops , at the motion of the king , and of the great men , said in the same parliament , that they have thereupon ordained in certain ; that is to say , that the pain of parish-priests , by any manner of colour , receiving above marks , and other yearly singing , and not intending the cure of sauls , taking above marks , without the bishop's dispensation , and suspension of their office , if they within the month make not restitution , to the use of the church in which they sing , of that that they have above received . and the pain of people of holy church , giving above marks or marks to parish-priests , or other yearly singing , as afore is said , is to pay the double of that that they do excessively pay , to be converted to the use of alms , at the arbitrement of the diocesan of the place ; and all manner of priests , intending their proper service , as yearly singing , shall serve the parishes , and be attending to the cure of souls , as he by the ordinaries of the place , or by them to whom he attaineth , shall be required , upon pain of suspension of their office , which they shall incur upon the deed , if they within the days after that they shall be required , be not obedient to such requests . and that no priest , passing from one diocess to another , shall be received there to sing divine service , unless he shew to the diocesan of the place , letters commendatory , of the bishop in whose diocess he last before dwelled . wherefore the king , by the assent of the great men and commons , hath ordained , that if any secular man of the realm , pay any more than five marks to any priest yearly in money , or in other things to the value ; or if he pay to such priest , retained to abide at his table , above marks , for his gown , and his other necessaries , ( his table accounted to s. ) and thereof be attained , he shall pay to the king fully as much as he paid to the said priest. rast. stat. de anno e. . fol. . cap. . the d. head . the th . head . die sabbathi , viz. die maii , . jour . dom. proc. message from the lower house , by sir coke , and others die mercurii , maii. the lords appoint a day for conference with the commons . the archbishop of canterbury reports the heads of the conference . authorities for the power and right of the commons to meddle in this cause . their charge against the bishop under six heads . preachers . images . prayer towards the east . catechizing , and singing psalms . nota. extortion . institutions not entred . the st . head concerning preachers . the d head touching images . the d. head concerning prayer towards the east . the th head touching catechizing and singing psalms . the th . head touching extortion . the th . head touching non-registring of institutions . the conclusion of the commons . the bishop stood up and answered the charge of the commons . his introduction . his lordships answer to the first head , preachers . his answer to the second head , images . his answer to third head , prayer towards the east . his answer to the th . head , catechizing , and singing psalms . his answer to the th . head , extortion . his answer to the th . head , non-registring institutions . the conclusion of his answer . the lords for want of time refer the commons complaint to the high-commission court to examine . and after report to the house . which will then judge thereof . journ . dom. proc. & car. . mart. the proceedings of the lords against the bishop of lincoln , late lord keeper , for refusing to obey their order . sir ch. caesar and sir robert rich report the examination of kellwood . the lords order that the bishop shall answer under his hand . the bishop sends his answer . the bishop's answer referred to a committee . martii . the committee report . and give their opinion , that the bishop ought to acknowledge his error and offence , to be forry , and ask pardon . and so ordered by the house . die jovis , martii . the bishop pursuant to all which obeys . nota. his contempt in a former parliament censured in this . journ . dom. proc. car. . die martis , maii. the case of ensign reynde , for misdemeanour , and contempt against the parliament and the ld. say die veneris , maii , the serjeant at arms ordered to take him . die martis , junii . witnesses sworn against reynde . who prove the insolent and opprobrious speeches spoken by reynde . reynde hides his head. the duke of buckingham promises he will cause him to be sent for . die mercurii junii . the captain affirmed he had not seen reynde . is commanded to bring him to the house when he finds him . or inform the house . die lunae , junii . the lords proceed to censure reynde . but the duke inform'd the house he was found . journ . dom. proc. die mercurii , junii . the duke excuseth himself , because reynde shifts his lodging . die jovis , junii , . the lords give sentence against reynde . the sentence . never to bear arms. imprisonment during pleasure . to stand under the pillory in cheap-side and at banbury . fined l. to ask pardon here , and at banbury . the lord keeper to move the king for a proclamation to apprehend him . the secretary to write into the law countreys , not to entertain reyn●e . the court of star-chamber to see the sentence executed out of time of parliament . die sabbathi , junii . journ . dom. proc. & car. . jun. the case of george gardiner , for counterfeiting protections . journ . dom. com. ca● . friday , may. the case of sir william welby a deputy lieutenant , for raising money , and illegal commitments . his warrant . and commitment . sent for by the serjeant . his answer at the bar. to attend the committee and house . journ . dom. com. car. wednesday , may. the case of the mayor of chichester . notes for div a -e vide the ancient rights of the commons of england asserted , &c. p. . inter communia e. . penes rememeratorem domini regis in scaccario recerda war. de priore de coventry at● tach . pro transgressione . ibid. rot. pat. h. . m. dorso . rast. stat. so . . rot. pat. . h. . m. . rot. pat. . h. . m. . dor . forma pacis inter regem & barones . rot. pat. , h. . m . intus n. . rot. claus. . h. m. . dor . in schedula rot. pat. h . m. . pro pace inter regem & com gloucester * richard earl of cornwal . ibid. rot. pat. . h. . rot. wal. e. . m. . n. . dorso . rot. claus. h. . m. dor . rex , &c. sciatis quod de - communi consilio regni nostri provisum est quod erimus apud novum castrum super tinam cum equis & armis die sancti petri advincula pro quibusdam transgressionibus quas rex scotiae nobis fecit emendas super eum conquerendas nisi &c. rot. claus. . e. . m . . dor . rot. claus. . e. . m. . d. de parliamento tenendo , the french king having invaded vascony by fraud and wickedness the k. in his summons to parliament , saith , quod omnes tangit ab omnibus approbetur sic & inuit evidenter ut communibus periculis per remedia provisa communiter obvietur , for praevisa jacula minus ledant . plita parliamentaria p. , . inter memorand a parliamenta , e. . m. . rot. claus. . e. . m. . dor . rot. claus. . e. . m. . cor . rot. par. . e. . pars . . m. . rot. parl. . e. . pars . n. . rot. parl. . e. . n. , nota. rot. parl. . e . n. . vide rast. stat. fo . . rot. parl. . e. . n. . rot. parl. . e. . n. . rot. claus. r. . n. . . ex rot parl. tenti apud glouc. die octobris anno regni regis h. . post conquestum . m. . n. . indempnitie des seigneurs & communes . rot. parl. . h. . pars . rot. parl. h. . n. . la confirmation des alliances perentre le roy & le roy des romains prisez & accordez rot. parl. . h. . pars . n. . approbatio pacis inter regem angliae & franciae nuper conclusae . rot. parl. . h. . n. . de potestate tractand de pace cum dolphino , &c. rot. parl. . h. . n. . rot. parl. h. . n. . rot. parl. . h. . n . an act concerning the peace between the king of england and the king of france jur. dom. proc anno . h. . die parliamenti . lord herbert's hist. of h. . to . . nota. rast. stat. . h. . cap. . nota. nota l. herbert , fo . . vide the antient rights of the comm. of england asserted , p. . rot parl. . e. . n. , . rot. parl. . es . n. . inter capita foederis arctioris amicitiae inter potentissimos principes elizabetham angliae reginam , & jacobum ejus nominis sextum scotorum regem , julii . ex ms. penes meipsum . ex cronico ab anno . e. . ad an num . . e. . ms. mihi ostens . per tho. turner armig. nuper defunct . anno domini , . aunoque regni regis e. . . certe scimus quam plurimos corum qui judiciis sub e. . prae fuere viros quidem maximos & aevo in illo jurisconsultos celeberimos repetundarum & quod lites suas fecerant aliosque preter ministros forenses aliquot merito damnatos multis exitio ac carcere punitos esse seldeni ad fletam dissertatio p. . vide fleta cap. . p. , . authoritas & officium ordinarii concilii regis . vide mat. wect. an. . p. . l. . anno vero . ( e. ) deprehensis omnibus angliae justiciariis de repetundis ( preter jo. de metingham & eliam de beckinghom quos honoris ergo nominatos volui ) judicio parliamenti vindicatum est in alios atque alios carcere , exilio & fortunarum omnium dispendio ; in singulos mulcta gravissima & amissione officii , spelm. gloss. part . fo . , pro rege angl. de diversis concessionibus ei per regem scotiae factis , anno e. . m. . rot. scotiae . the parliament of scotland . nota. these agreements ratifyed by the parliam . of eugland . rot. parl. . r. . n. pronuociatio parliamen . nota. nota. nota nota. nota. anno e. . a truce between england and france . ex rot e. in turri london . the kings , lords , and commons , reprehend the ambassadors . de treuga per regem angliae illis de franc. concessa . rot. pat. . f. . pars . m. . nota. nota. rot. de anno e. . in tur. london . the query . nobilitas est duplex , superior & inferior . co. . inst. fo . nobiles minores sunt equites sive milites , & qui vulgo generosi & gentlemen dicuntur . camden brit. f. . an. car. . cap. . pultons stat. rex angliae neque per se aut ministros suos subsidia aut alia quaevis onera imponit ligeis suis sine assensu totius regni sui in parliamento suo expresso . fortescue de laudibus legum angliae , cap. . pag. . philip de commines , lib. . cap. . ( of the cabal , or most secret councels to two french kings , and a man living about a century and half ago ) tells us , nul roy ne seigneur sur terre ait pouvoir de mettre un denier sur les subjets sans ottroie & consentement de ceux qui doivent payer sinon par tyranne ou violence . no king or potentate upon earth ( saith he ) ▪ hath power to levy one penny upon the poor subject without consent and permission , unless by down-right tyranny and rapine . nota. john bodin in his book de republica , l. . cap. . de jure magistratus , fol. . a famous lawyer and statesman of the french nation , who after he had informed his reader , that the english are not chargeable by their princes with impositions , but by consent of their three estates , presently adds , ego vero caeteris regibus non plus in eo genere quam regibus anglorum licere puto , cum nemo sit tam improbus tyrannus , qui aliena bona deripere sibi fase esse putet . for my part ( saith he ) it is my judgment , that no other prince whatsoever , may lawfully do any more in this kind than the kings of england may , seeing there can be no tyrant so wicked or impudent as to think , he may justly take away another mans goods from him , without his free leave and good will. to the present visible supreame power, assembled at vvestminster the humble petition, and desires of many thousand well-affected persons, in, and about the city of london, in behalf of themselves and the whole kingdome. this text is an enriched version of the tcp digital transcription a of text in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a thomason .f. [ ] ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) to the present visible supreame power, assembled at vvestminster the humble petition, and desires of many thousand well-affected persons, in, and about the city of london, in behalf of themselves and the whole kingdome. england and wales. parliament. sheet ([ ] p.) s.n., [london : ] imprint from thomason catalogue. reproduction of the original in the british library. annotation on thomason copy: "jan: : ". eng great britain -- politics and government -- - -- early works to . great britain -- history -- commonwealth and protectorate, - -- early works to . london (england) -- history -- th century -- early works to . a (thomason .f. [ ]). civilwar no to the present visible supreame power, assembled at vvestminster. the humble petition, and desires of many thousand well-affected persons, i england and wales. parliament. a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - judith siefring sampled and proofread - judith siefring text and markup reviewed and edited - pfs batch review (qc) and xml conversion to the present visible supreame power , assembled at vvest minster . the humble petition , and desires of many thousand well-affected persons , in , and about the city of london , in behalf of themselves and the whole kingdome . humbly sheweth , that your petitioners being sensible what it is to offend the almighty , and procure his wrath upon our selves and our posterity , ( as also of the misery of a late and lasting war ) and how dangerous a thing it is to offend against the very light of conscience , and to dally with oathes and covenants , &c. and having taken into our consideration the present straits we are in , if under one hand we shall oppose or speak against those present visible powers in being : or on the other hand , shall violate the oath of allegeance , ( which we were forced to take when we became free-men , and subjects to the king ) the protestation , and the late solemne league and covenant , all which we have , by many learned divines , beene from time to time taught that they ought not to be violated , and that from the same we could not be absolved . but so it is , as we humbly conceive , if we shall comply with our brethren in laying aside of the king , the parliament , the present settled lawes , and constitutions of this kingdome ; and shall side with , and abbet in deposing of the king , and his posterity , the dismembring of parliament , the defrauding of fellow-members of their freedome , for to chuse , or to be chosen , in places of office and trust in the kingdome ; we shall thereby violate our oathes , give up our undoubted rights to others , offend god , and sinne against the light of our own consciences : or if not , we shall expose our selves , and estates , into the power of those , who ( by the known lawes , and undoubted rights , belonging and appertaining unto the subjects of england ) have no power over us , and to be tryed , and disposed by unwritten , and uncertaine dictates , lawes and rules , to which we never gave the least consent , nor had the least knowledge of . neither are we ignorant of what evill consequences to this kingdome , the deposing of former kings hath been , witnesse the story of henry the fourth , and others : and how god from time to time , hath taken vengeance on covenant-breakers , ( though it was amongst heathens themselves ) who have made specious pretences of good , untill they have gotten power into their owne hands , &c. and of the sad consequences that have risen from the change of government in a state , witness that of athens , &c. all which , we beseech you to take into your serious consideration , ( know you not yet that england is destroyed ) before our miseries come inevitably upon us , and there be no remedy , nor hopes of restauration to our hoped-for peace and tranquility ; and that for the prevention of the fore-mentioned evills felt or feared , . you will please to propound to the whole kingdome , ( and not a part only ) that they , within a certaine time to be limited , convene together , to declare their approbation of the present members , or to chuse others instead of them : which parliament so freely and satisfactorily chosen by the whole kingdome , may ( with the advice of our brethren of scotland ) consult , and advise for the speedy setling the peace of both kingdomes upon sure and lasting bases . . that for matter of religion and church-government , you will please to take advice of an assembly of ministers , convened out of england , scotland , and holland , that so the better satisfaction may be given , as to your selves , so to the whole kingdome . . that you will declare unto us , what immunities you will please to grant , to those that discent from , and cannot in conscience joyne with the now propounded agreement , or propositions drawn up and propounded by a few unto the whole kingdome , &c. and that , though in some meane condition , we may live in peace amongst our brethren , who once declared it as most unreasonable , for all government to be in the hands of a party , &c. therefore our humble desire is , that your honour ; would be pleased to take the premises into your serious consideration : which granted , your petitioners shall ever pray , &c. seasonable and healing instructions, humbly tendered to the freeholders, citizens and burgesses, of the respective counties, cities and boroughs of england and wales, to be seriously recommended by them, to their respective knights, citizens and burgesses, elected and to be elected for the next parliament. this text is an enriched version of the tcp digital transcription a of text in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing p thomason .f. [ ] this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) seasonable and healing instructions, humbly tendered to the freeholders, citizens and burgesses, of the respective counties, cities and boroughs of england and wales, to be seriously recommended by them, to their respective knights, citizens and burgesses, elected and to be elected for the next parliament. prynne, william, - , attributed name. sheet ([ ] p.) s.n., [london : ] anonymous. by william prynne. imprint from wing. annotation on thomason copy: "march . ". reproduction of the original in the british library. eng great britain -- politics and government -- - -- early works to . a (thomason .f. [ ]). civilwar no seasonable and healing instructions,: humbly tendered to the freeholders, citizens and burgesses, of the respective counties, cities and bo [prynne, william] b the rate of defects per , words puts this text in the b category of texts with fewer than defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - jonathan blaney sampled and proofread - jonathan blaney text and markup reviewed and edited - pfs batch review (qc) and xml conversion seasonable and healing instructions , humbly tendered to the freeholders , citizens and burgesses , of the respective counties , cities and boroughs of england and wales , to be seriously recommended by them , to their respective knights , citizens and burgesses , elected and to be elected for the next parliament . we the freeholders , citizens , burgesses , commons and freemen of the respective counties , cities , and boroughs of england and wales , taking into our serious considerations the many late various forms and revolutions of our publick government , with the miserable distractions and oppressions of our ruinated churches and realms since the violent changes of our antient established kingly government , and constitution of parliaments , consisting of king , lords , and commons , by whose united counsels and interests we were happily secured against all treacherous plots and conspiracies of forein enemies , and pernicious domestick vipers , and advanced to the highest degree of worldly peace , prosperity , and felicity . and finding by above eleven years sad experience , that there is neither hope nor probability of restoring our . shipwrack'd nations to their pristine tranquillity , unity , wealth , honour , traffick , security , but by a speedy restitution of our antient form of parliaments , and hereditary regal government ; and with all observing , that in the writs of summons now issued for a parliament to be held at westminster , on the th day of april next , there is no-known single chief governour , nor yet any real commissioners nominated , but only fictitious utopian keepers of the liberties of england , with whom the members appearing in parliament can neither conferr nor consult , concerning the difficult and urgent affairs either of the realm or church of england ; and that all the lords and great men of the realm ( the antientest hereditary members of parliament , the grand councellors of the kingdom , and chiefest assertors of our liberties in all precedent times ) are totally omitted out of these new forms of writs , and all clauses in them , contrary to all former presidents , without whose concurrent advice and assistance with the commons house in this approaching parliament , no firm peace or settlement can probably be expected , a full and free english parliament , ( from which no legal members , much lesse the whole english peerage and nobility ought to be excluded ) being the principal thing the generality of this nation lately petitioned and declared for , as the only instrument under god to compose all differences and dissenting parties , and put a happy period to our manifold long-lasting distractions and confusions : have thereupon app●ehended it our bounden duty , seriously to recommend these ensuing instructions to our respective knights , citizens , and burgesses elected , and to be elected and returned by us for our representatives and trustees in this approaching parliament ; who receiving full and sufficient power for themselves , and the respective commonalties of the said counties , cities and boroughs from the said commonalties alone who elect them , to do and consent to all such things as shall be ordained by common council of the realm in the said parliament , in their rights and behalfs , are thereby obliged in point of duty and conscience as their publick servants and proxies , vigorously to pursue all such just prescriptions for the common welfare and establishment of our native country , as they shall present unto them . we therefore earnestly desire and require them in pursuance of the trust reposed by us in them , to improve their uttermost endeavours and counsels , ( there being no particulars prescribed to them in the writs themselves , as heretofore ) to effect these few individuals . . to restore the antient constitution , rights , privileges and freedom of our english parliaments , their respective houses and members , and to preserve them from all future mutulations and violations by armed force or otherwise , that so they may by free uninterrupted and combined counsels proceed to the speedy settlement of our distracted churches and nations , without any diversions or obstructions by souldiers or popular tumults . . to re-establish the antient fundamental regal government of this kingdom , and the dominions thereunto belonging ( under which we and our ancestors in former ages have flourished in great peace and prosperity ) according to our known laws , oaths , protestations , covenants , and multiplyed declarations , and secure it against all future underminings and powder-plots of jesuitical and fanatick conspirators . . to revive and ratifie the miserably subverted and violated great charters , fundamental laws and statutes of the land , made for the preservation of the persons , lives , liberties , free-holds , estates and properties of all english freemen , against all arbitrary and tyrannycal judicatures , high courts of iustice , proceedings , tryals , executions , iudgements , banishments , imprisonments , confinements , confiscations , forfeitures , attainders , outlawries , sequestrations , illegal taxes , impositions , excises , and publick charges whatsoever , not granted by common consent in parliament , and to prevent all future subversions , contempts and violations of them , after so vast expences of treasure and bloud for their just defence . . to establish an able , learned , orthodox ministry , and just and righteous magistracy throughout our dominions , and to take special care that the gospel of christ may be duly and sincerely preached , propagated , the sacraments and publike justice freely and rightly administred in all places , without neglect or obstruction , to the consolation , protection of all good christians , and well-doers , and the terror and suppression of all malefactors . . to advance all sorts of trade , merchandize , and navigation , by diminishing all excessive customs , excises , imposts at home , by making peace and holding good correspondence with all forein kings and nations abroad , and using all other good means conducing thereunto . . to redresse all publick grievances , oppressions , frauds , misdemeanours ; to retrench and regulate all exorbitant taxes , excises , imposts , fees , extortions , salaries , superfluous forces , garrisons , officers , ( civil or military ) by land and sea , for the peoples ease . . to procure a speedy , honorable , safe , christian treaty and accord with our long exiled protestant king , and royal posterity , upon moderate , just , righteous terms and propositions on either side , whereby the bleeding protestant cause and religion , ( much endangered in all places ) may be promoted and secured , the plots of popish enemies to extirpate them prevented ; the peace , government , laws and liberties of our kingdoms , restored , preserved , and perpetuated to posterity ; the just publick debts of the nation and souldiers arrears discharged ; a general act of indempnity , pardon and oblivion for all sorts of persons justly capable thereof , procured ; all former injuries , feuds , animosities totally extinguished , and all just sales of duly confiscated estates , made without fraud covin , practice or duresse for valuable considerations , confirmed or recompenced ; that so all parties and interests being perfectly reconciled , may henceforth studiously endeavour to keep the unity of the spirit in the bond of peace , and to live peaceable and quiet lives under their lawfull king and governors in all godlinesse and honesty ; being all members of one and the same mystical & politick body , having all one spiritual and temporal lord , one faith , one baptism , and one god , and father ; which should both perswade and oblige them to put away all bitternesse , wrath , anger , clamour , evil speaking , with all malice , and to be kind one to another , tender-hearted , forgiving one another , even as god for christs sake hath forgiven them , for bearing one another in love . but if we still proceed to bite and devour one another , ( as we have done for many years by-past ) we shall sodenly be consumed one of another , and made a prey to our common enemies ; which the accomplishment of these instructions by gods blessing , and the parliaments wisedom , will prevent , and make us once more the glory and lady of all christian kingdoms , as we are now their reproach . finis . to both houses of parliament. that there is a weighty trust reposed in you, 'tis no ambition in me to tell you; for verily the righteous god requires the performance of it from you; the right discharging whereof is of great concernment (and the hearty desire of him that sends this) to you. ... mason, martin, fl. - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing m thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) to both houses of parliament. that there is a weighty trust reposed in you, 'tis no ambition in me to tell you; for verily the righteous god requires the performance of it from you; the right discharging whereof is of great concernment (and the hearty desire of him that sends this) to you. ... mason, martin, fl. - . sheet ([ ] p.) printed for robert wilson, at the black-spread-eagle and wind-mill, in martins l'grand, london : . title from caption and first lines of text. signed: martin mason. reproduction of the original in the british library. eng christianity and politics -- england -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no to both houses of parliament. that there is a weighty trust reposed in you, 'tis no ambition in me to tell you; for verily the righteous god mason, martin c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion to both houses of parliament . that there is a weighty trust reposed in you , 't is no ambition in me to tell you ; for verily the righteous god requires the performance of it from you ; the right discharging whereof is of great concernment ( and the hearty desire of him that sends this ) to you . never had this nation since she had the name of england , more need of wise senators , then at this season ; for england hath sinned presumptuously against her god , his mercies to her have been of a wonderful magnitude : what people under the sun hath he dealt so bountifully with ? or is there any nation under heaven hath had so liberal a portion of the blessings of his right hand , and of his left ? hath she not been counted the mirrour of all nations ? hath not the sound of her inhabitants gone thorough the earth ? have not the neighbour nations round about her , bended to her ? hath she not been a help in needful times unto her friends , and a dread and terror to her enemies ? but how hath england requited the lord ? hath she rightly answered his love , and walked in his light ? or hath she not cast the testimony of his law behind her ? the unparallel'd mercies of her god are undervalued and forgotten by her ; therefore is he drawing near in judgement against her ; for the sins of sodom are found to be within her , and the cry of blood pursues her . time after time hath the righteous god sent his warnings to her , but hitherto they have been little regarded by her : ah! how long hath she grieved her righteous god , and her iniquities been a burthen to his people ! and to add to her unworthiness , and multiply her misery , she hath abused god's messengers : how many of his prophets hath she imprisoned ? and which of her gaols have not been v●sited , by her imprisoning the sons of innocency ? not for any guile that hath been found in their lips , but onely for witnessing against her iniquity and unworthiness . and shall not the righteous god visit for these things ? will he not be avenged on such a people ? certainly 't is time for her to be clothed in sackcloth , and happy were it for her , would she fast from iniquity . o that i might see her princes set in the house of mourning , and her nobles weeping in the dust . but england is sick , and sees it not ; she is near the grave , and not sensible of it : therefore is her condition more desperate , and her malady the more incurable . o england ! england ! my native countrey , calamity is coming very swiftly upon thee , yet neither thy princes , peers , nor prelates ( so called ) seek to comfort thee , nor minister any cordial , or the balm of gilead to recover thee . o cease from thy iniquity , and kiss the rod that smites thee , else verily i see thou runs on to thy ruin , and in thy madness rides post to perdition . ah friends ! is this a time to fall out with your fellow-servants ? hath not england enemies enow abroad to invade and over-run her , but you must needs imbrue your hands in the blood of your native countrey-men ? do not your enemies laugh at your folly ? and will they not be ready to rejoyce at your ruine ? there is an opportunity put into your hands , and the god of englands mercies without doubt hath done it : do you not see the undermining subtilty of your enemies ? if this bloudy spirit be not timely rebuked , rome will soon triumph in englands ruines . verily i must deale plainly with you herein ; for my life is not dear unto me , to do england good . o parliament of england , as yet thou hast power , and know that england's god hath given it unto thee : be a bridle to that bloody spirit , and crush the cockatrice in the shell ; for if thou suffer this jesuitical design to have its swing , it will neither leave thee root nor branch : therefore ( my friends ) seek peace , and pursue it , and be no longer leavened with ammon and amaleck . but let your minds be staid upon the principle of god which he hath placed in your consciences : be still ( i say ) in your minds , and come into calmness ; let the loftiness of man be laid low , and wait in silence upon the living god ; listen and encline your ear unto his still voice , that is it which moves to holiness , mercy , and moderation . the spirit of the lord leads to patience , and counsels his people to forgive their enemies . the righteous seed seeks not for revenge , it cannot endure to have its garment stain'd with blood , and yet it 's a principle that pleads for true obedience to rulers ; but would not have the king drink the blood of the people . the golden mean , i must tell you , is the best ; and when you sit in judgement , see that you remember mercy ; and i warn you in the fear of god , be tender of the life of man . and as for religion , this the righteous god requires of you : seek not to bind the consciences of any whose hearts are truly set towards sion , nor consent not to establish any form by an outward force , but give free toleration in the exercise of a tender conscience . be as zealous as you can in the restraining of vice and vanity in your own particulars , and in the nation . let your laws be a terror to evil-doers , but let the righteous find you favourers of god's people . and take heed of amaleck , that prelatical conscience-binding spirit , which subtilly presses you to an outward conformity ; for amaleck's design is to preach up persecution . you may take notice of the preceding powers that have been split upon this rock : how many overturnings have you known of late ? and did any persecuting plot of late ever prosper ? and do you think to make war against the lamb , and to meet with victory ? if you find it so ▪ then say there is no god in israel . it is in vain for man to strive against his maker ; for the lord god omnipotent is leading and will bring his seed out of the house of bondage , and if pharaoh shall refuse to let israel go free , god will multiply his plagues upon him , and drown him and his host in the red sea : read who can . wherefore , o friends , be perswaded to moderation , and let not the innocent be the object of your wrath , because in feigned humility they come not to you , nor with the windy words of man's hollow wisdome they cannot feed you . plain down-right dealing is a jewel ; and the righteous feel more true joy in the wearing of it , then the egyptians do in all their jewels . and as for us ( whom the scornful generation do call quakers ) were we of the world , the world would love us , for the world loves its own ; but we are not of the world , therefore the world hates us ; but we know it hated christ before us : and this we know also , our adversaries cannot lay their yoak upon us , till the lord suffer them , nor can they go beyond their limit , and the wrath of man shall be restrained : god may suffer them to try us , but they shall not destroy us . therefore do not you resolve within your selves that you will suppress the righteous seed in the people called quakers . for know this assuredly , that spirit which goes about it , must bow unto it , and fall before it ; for they are of the seed of the jews ; read me within : sion must be a burthensom stone unto her enemies ; god is , and will be tender of his seed , and all that fall upon it , shall be broken by it . alas poor mortals ! think you to limit that which is eternal ? you may as well command the fire from burning , the wind from blowing , the sun from shining , the rain from showering , and the grass from springing up or growing , as offer to attempt it . if you can span the circumference of the earth , and dry up the vast ocean with your breath ; if you can turn the autumn into spring , or count the number of the stars , and reckon every sand upon the sea shore ; then may you limit the holy one , and drown his israel in the sea . but who is sufficient for these things ? therefore , o friends , come into the humility , and be no longer high minded , but learn the holy fear , and bow to god's witness in every one of your consciences , and answer the requirings of it , by your obedience to it ; while the light of god is shining in you , it is day ; his spirit shall not alwayes strive with flesh ; work while the light is with you ; the night comes when no man can work ; wherefore prize your time , & repent , and believe and walk in the light , least for your disobedience the lord god omnipotent overturn your mountain , and bring his wheel over you ; and then what are you ? and as for us , our hope and help is in israel's god , and we fear not man , nor what man can do unto us , we are well known to be a harmless people , and have learnt to pray for them that persecute us , and desire to live peaceably with all men . therefore be not prejudiced in your minds towards us ▪ nor go about to make laws against us , because we de●● plainly with you ; for of a certain , god is with us . martin mason . lincoln , the second day of the th . month , . london , printed for robert wilson , at the black-spread-eagle and wind-mill , in martins l' grand , . english liberties, or, the free-born subject's inheritance containing, i. magna charta, the petition of right, the habeas corpus act ... ii. the proceedings in appeals of murther, the work and power of parliament, the qualifications necessary for such ... iii. all the laws against conventicles and protestant dissenters with notes, and directions both to constables and others ..., and an abstract of all the laws against papists. care, henry, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing c estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) english liberties, or, the free-born subject's inheritance containing, i. magna charta, the petition of right, the habeas corpus act ... ii. the proceedings in appeals of murther, the work and power of parliament, the qualifications necessary for such ... iii. all the laws against conventicles and protestant dissenters with notes, and directions both to constables and others ..., and an abstract of all the laws against papists. care, henry, - . [ ], p. printed by g. larkin for benjamin harris, london : [ ?] attributed to care by wing and nuc pre- imprints. date of imprint suggested by wing. reproduction of original in the union theological seminary library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng magna carta. great britain -- constitutional law. great britain -- politics and government. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion english liberties : or , the free-born subject's inheritance , containing i. magna charta , the petition of right , the habeas corpus act ; and divers other most vseful statutes : with large comments upon each of them . ii. the proceedings in appeals of murther ; the work and power of parliaments ; the qualifications necessary for such as should be chosen to that great trust . plain directions for all persons concerned in ecclesiastical courts ; and how to prevent or take off the writ de excommunicato capiendo . as also the oath and duty of grand and petty juries . iii. all the laws against conventicles and protestant dissenters with notes , and directions both to constables and others concern'd , thereupon ; and an abstract of all the laws against papists . london : printed by g. larkin , for benjamin harris , at the stationers arms and anchor in the piazza under the royal-exchange . a table of some of the most material contents . the nature and happiness of our english government , from page . to p. . magna charta faithfully recited p. to p. . a comment upon magna charta p. . to p. . 't is but a declaration of what the people had right to before . p. . the occasion and means of obtaining magna charta , p. . ill council perswade king hen . to revoke magna charta , and the sad end of that wicked counsellour , p. . liberties what , p. . monopolies are against magna charta , p. . the king cannot send any man out of england against his will , p. . peers what , p. . commitment , the necessary circumstances where legal , p. . justice it s three properties , p. . judges are to obey no commands from the king , though under the great or privy seal ( much less signified by any little whispering courtier ) against law , p. . protection when unlawful , p. . the statute of confirmation of the charter , p. a solemn curfe of the clergy against the breakers of the charter , p. . another curse to the same purpose , p. the statute de tallageo non concedendo that the king shall lay no burthens on his people , but by their consent in parliament , p. . a comment thereupon , p. . to p. . there are omissions and errors in the common printed statute-books , p. . the stat. cf . edw. . declaring what offences shall be treason , p. . a comment thereupon , p. . to p. . to compass the death of the king what , p. . a colateral heir to the crown is not within this statute , p. . probably attaint , an errour in the statute-book for provably attaint , p. . offences made treason since this statute , p. . the stat. . car. . cap. . for safety of his majesties person , &c. p. notes thereupon , p. . to . there must be two not only lawful , but credible witnesses on this statute , p. . and . within what time the party must be question'd and indicted , p. . the sentence or judgment in high treason , and the signification of each branch thereof , p. . the king cannot allow a lord , convict of felony , the favour of being beheaded , p. . challenge what , and to how many , p. . the statute , . edw. . cap. . in what cases only the king shall grant pardons , p. . the comment thereon , p. . the nature , form and proceedings in case of appeals of murder , &c. particularly opened to the meanest capacity , from p. , to p. . two statutes , that a parliament shall be holden once every year , p. . the comment . p. . the act of the th . car. . that holding of parliaments , shall not be discontinued above three years at the most , p. . a not able discourse of the antiquity , use and power of parliaments , and the qualifications of such gentlemen as are fit to be chosen the peoples representatives , p. . to p. . parliament , the signification of the word , p. . city what , and how it differs from a burrough , p. . three estates what , the bishops none of them , p. . the parliament has right to order the succession to the crown , and he forfeits all his goods and chattels that denies it , p. . and . the particular business of parliaments , p. . to punish ill favourites and corrupt ministers of state , p. . examples of great offenders punisht , committed , degraded , and sentenced by parliament , and particularly some parsons for pragmatical preaching , p. . to reflections on state-divines , p. . the mischiefs of felling voices for parliament-men , for liquor , p. . directions touching choice of members in negative descriptions , who are not fit to be elected , p. . to . the characters of such as deserve this great trust , in five particulars , p. . the stat. of . hen. . cap. . that only freeholders should chuse knights of the shire , p. . . the petition of right , . car. . and the kings assent thereunto [ left out in the statute-book ] p. . the habeas corpus act , car. . cap. . p. . the comment thereupon , p. . an act for the benefit of prisoners for debt , that they shall not be lodged with felons , &c. p. an act for regulating the privy council , and taking away the star-chamber , . car. . cap. . p. . some notes thereupon , p. . the clause of the act of . car. . cap. . no man shall be bound to quarter souldiers , p. . the act touching the writ de excommunicato capiendo , . eliz. cap. . p. . a comment , with a discourse of excommunication , directions how to manage your defence in all cases in the bishops courts , and how to prevent or take off the writ de excomunicato capiendo , p. to p. . church-wardens not bound to take any oath in the bishops courts to present , p. . a discourse touching the laws made or endeavoured to be executed against protestant dissenters , p. . the acts . eliz. cap. . the . eliz. cap. . the eliz. cap. . jac. cap. . and jac. cap. . were all made against papists only , and ought not to be extended against protestant dissenters , p. . to p. . two new holy days made in the church of england , since his majesties restauration , p. . the opinion of the house of commons , that acts made against popish recusants ought not to be extended against protestant dissenters , p. . the act of eliz. cap. . considered . 't is plain from thence , that the acts made against popish recusants , ought not to affect sectaries . p. . the said act of eliz. proved to be long since expired , p. . as also that of the th . car. cap . intituled , an act to prevent and suppress seditious conventicles , p. . the oxford or five mile act , car. . p. . notes thereupon , p. . the act of the th . car. . cap. . to prevent and suppress seditious conventicles , p. . notes upon that act , p. . an abstract of the several laws in force against popery and papists , p. . to p. . a discourse of juries , and the advantages english men enjoy thereby . p. . what persons ought to be jury men and how qualified , p. . jurors in antient law-books call'd judges , p. . of the duty of grand juries , p. . their oath , p. . that juries are judges of law , in some respects , as well as fact , p. . to p. . that juries are not fineable , or any way to be punished under pretence of going contrary to evidence , or against the judges directions , p. . the conclusion . bushels case reported by the learned sir john vaughan , licensed by the present lord chancellor , the lord chief justice north , and all the judges then in england . the proem . the constitution of our english government ( the best in the world ) is no arbitrary tyranny , like the turkish grand seignior's , or the french kings , whose wills ( or rather lusts ) dispose of the lives and fortunes of their unhappy subjects ; nor an oligarchy , where the great ones ( like fish in the ocean ) prey upon , and live by devouring the lesser at their pleasure : nor yet a democracy or popular state , much less an anarchy , where all confusedly are hail fellows well met . but a most excellently mixt or qualified monarchy , where the king is vested with large prerogatives sufficient to support majesty ; and restrain'd only from power of doing himself and his people harm , ( which would be contrary to the very end of all government , and is properly rather weakness than power ) the nobility adorn'd with priviledges to be a screen to majesty , and a refreshing shade to their inferiours , and the commonalty too , so guarded in their persons and properties by the fence of law , as renders them free-men , not slaves . in france and other nations the meer will of the prince is law , his word takes off any mans head , imposes taxes , or seizes any mans estate , when , how , and as often as he lists ; and if one be accused , or but so much as suspected of any crime , he may either presently execute him , or banish , or imprison him at pleasure ; or if he will be so gracious as to proceed by form of their laws , if any two villains will but swear against the poor party , his life is gone . nay , if there be no witnesses , yet he may be put to the rack , the tortures whereof make many an innocent person confess himself guilty , and then with seeming justice he is executed ; or if he prove so stout as in torments to deny the fact , yet he comes off with disjoynted bones , and such weakness as renders his life a burthen to him ever after . but in england , the law is both the measure and the bond of every subjects duty and allegiance , each man having a fixed fundamental right born with him , as to freedom of his person , and property in his estate , which he cannot be deprived of , but either by his consent , or some crime , for which the law has impos'd such a penalty or forfeiture . for all our kings take a solemn oath , at their coronation , to observe and cause the laws to be kept , which was done by our present most gracious soveraign : likewise all our judges take an oath , wherein amongst other points , they swear , to do equal law , and right to all the kings subjects , rich and poor , and not to delay any person of common right for the letters of the king , or of any other person , or for any other cause ; but if any such letters come to them , they shall proceed to do the law , the same letters notwithstanding : therefore saith fortesoue ( who was first chief justice , and afterwards lord chancellor to king henry the th . ) in his book de laudibus legum angliae , cap. . non potest rex angliae , &c. the king of england cannot alter nor change the laws of his realm at his pleasure ; for why , he governeth his people by power not only royal , but also politick ; if his power over them were only regal , then he might change the laws of his realm , and charge his subjects with tallage and other burthens without their consent , and such is the dominion that the civil laws purport , when they cry , quod principi plecuit legis habet vigorom , the princes pleasure has the force of a law. but from this much differeth the power of a king , whose government over his people is politick ; for he can neither change laws without the consent of his subjects , nor yet charge them with impositions against their wills ; wherefore his people do frankly and freely enjoy and occupy their own goods , being ruled by such laws as they themselves desire . thus fortescue ; with whom accords bracton a reverend judge and law-author in the reign of king henry the third , saying — rex in regno suo superiores habet deum & legem ; the king in his realm hath two superiors , god and the law ; for he is under the directive , though not coercive power of the law ; and on the same score judge vaughan speaking of our fundamental laws which are coeval with the government , sticks not to say , the laws of england were never the dictates of any conquerors sword , or the placita or good will and pleasure of any king of this nation , or to speak impartially and freely , the results of any parliament that ever sate in this land. and the late cited fortescue , in his chap. has a very apt similitude to illustrate and demonstrate this , the law , ( says he ) taketh its name , a ligando , to bind , for thereby the politick body is knit and preserv'd together , as the natural body by the bones and sinews , and members , which retain every one their proper functions ; and as the head of a body natural cannot change his sinews , nor cannot deny or with-hold from his inferiour members , their peculiar powers and several nourishments of blood and spirits , no more can a king , which is the head of a body politick , change the laws of that body , nor withdraw from his people their proper substance , against their wills and consents in that behalf . 't is true , the law it self affirms , the king can do no wrong , which proceeds not only from a presumption , that so excellent a person will do none : but also because he acts nothing but by ministers , which ( from the lowest to the highest ) are answerable for their doings , so that it a king in passion should command a. to kill b. without process of law , a. may yet be prosecuted by indictment , or upon an appeal , ( where no royal pardon is allowable ) and must for the same be executed , such command notwithstanding . this original happy frame of government is truly and properly call'd an english mans liberty , a priviledge not to exempt from the law , but to be freed in person and estate , from arbitrary violence and oppression ; a greater inheritance ( saith judge cook ) is deriv'd to every one of us from our laws that from our parents ; for without the former , what would the latter signifie ? and this birth-right of english-men , shines most conspicuously in two things : . parliaments . . juries . by the first the subject has a share by his chosen representatives in the legislative ( or law-making ) power , for no new laws bind the people of england , but such as are by common consent agreed on in that great council . by the second , he has a share in the executive part of the law , no causes being tryed , nor any man adjudged to lose life , member or estate , but upon the verdict of his peers ( or equals ) his neighbours , and of his own condition : these two grand pillars of english liberty , are the fundamental vital priviledges , whereby we have been , and are preserv'd more free and happy than any other people in the world , and ( we trust ) shall ever continue so ; for whoever shall design to impair , pervert , or undermine either of these , do strike at the very conisttution of our government , and ought to be prosecuted and punished with the utmost zeal and rigour . to cut down the banks , and let in the sea , or to poyson all the springs and rivers in the kingdom , could not be a greater mischief ; for this would only affect the present age , but the other will ruine and enslave all our posterity . but besides these general paramount priviledges which the english are estated in by the original constitution of their government , there are others more particularly declared and expressed in diverse acts of parliament , of which several of the most remarkable and usefull are here presented at large to the reader , with some notes thereupon , for his better understanding of the same . magna charta , or the great charter made in the ninth year of king henry the third , and confirmed by king edward the first , in the eight and twentieth year of his reign . edward , by the grace of god , king of england , lord of ireland , and duke of guyan : to all arch-bishops , bishops , &c. we have seen the great charter of the lord henry , sometimes king of england , our father , of the liberties of england , in these words . henry , by the grace of god , king of england , lord of ireland , duke of normandy and guyan , and earl of anjou ; to all arch-bishops , bishops , abbots , priors , earls , barons , sheriffs , provosts , officers , and to all baysliffs , and other our faithful subjects , which shall see this present charter , greeting . know you , that we unto the honour of almighty god , and for the salvation of the souls of our progenitors and successors , kings of england , to the advancement of holy church , and amendment of our realm , of our meer and free will , have given and granted to all arch-bishops , bishops , abbots , priors , earls , barons , and to all free-men of this our realm , these liberties following , to be kept in our kingdom of england for ever . chap. i. a confirmation of liberties . first , we have granted to god , and by this our present charter have confirm'd for us & our heirs for ever ; that the church of england shall be free , and shall have all her whole rights and liberties inviolable . ( ) we have granted also , and given to all the free-men of our realm , for us and our heirs for ever , these liberties under-written , to have and to hold to them and their heirs for ever . chap. ii. the relief of the kings tenant of full age. if any of our earls or barons , or any other which hold of us in chief by knights service , dye , and at the time of his death , his heir be of full age , and oweth to us relief , he shall have his inheritance by the old relief , that is to say , the heir or heirs of an earl , for a whole earldom , by one hundred pound : the heir or heirs of a baron for an whole barony , by one hundred marks : the heir or heirs of a knight , for one whole knights fee , one hundred shillings at the most . and he that hath less shall give less , according to the old custom of the fees. chap. iii. the wardship of an heir within age ; the heir a knight . but if the heir of any such be within age , his lord shall not have the ward of him , nor of his land , before that he hath taken of him homage . ( . ) and after that such an heir hath been in ward ( when he is come to full age ) that is to say , to the age of one and twenty years , he shall have his inheritance without relief , and without time ; so that if such an heir being within age be made knight , yet nevertheless his land shall remain in the keeping of his lord unto the term aforesaid . chap. iv. no wast shall be made by a guardian in wards lands . the keeper of the land of such an heir being within age , shall not take of the lands of the heir but reasonable issues , reasonable customs , and reasonable services , and that without destruction , and waste of his men and his goods . ( . ) and if we commit the custody of any such land to the sheriff , or to any other , which is answerable unto us for the issues of the same land , and he make destruction or waste of those things that he hath in custody , we will take of him amends and recompence therefore . ( . ) and the land shall be committed to two lawful and discreet men of that fee , which shall answer unto us for the issues of the same land , or unto him whom we will assign . ( . ) and if we give or sell to any man the custody of any such land , and he therein do make destruction or waste , he shall lose the same custody . and it shall be assigned to two lawful and discreet men of that fee , which also in like manner shall be answerable to us , as afore is said . chap. v. guardians shall maintain the inheritance of their wards : and of bishopricks . the keeper , so long as he hath the custody of the land of such an heir shall keep up the houses , parks , warrens , ponds , mills , and other things pertaining to the same land , with the issues of the said land : and he shall deliver to the heir , when he cometh to his full age , all his land , stored with ploughs and all other things , at the least as he receiv'd it . all these things shall be observed in the custody of arch-bishopricks , bishopricks , abbeys , priories , churches and dignities vacant , which appertain to us : except this , that such custody shall not be sold . chap. vi. heirs shall be married without disparagement . heirs shall be married without disparagement . chap. vii . a widow shall have her marriage , inheritance , and quarentine . the kings widow . a widow after the death of her husband , incontinent and without any difficulty , shall have her marriage , and her inheritance . ( . ) and shall give nothing for her dower , her marriage , or her inheritance , which her husband and she held the day of the death of her husband . ( . ) and she shall tarry in the chief house of her husband , by forty days after the death of her husband , within which days her dower shall be assigned her , ( if it were not assigned her before ) or that the house be a castle . ( . ) and if she depart from the castle , then a competent house shall be forthwith provided for her , in the which she may honestly dwell , until her dower be to her assigned , as it is aforesaid ; and she shall have in the mean-time her reasonable estovers of the common . ( . ) and for her dower shall be assigned unto her the third part of all the lands of her husband , which were his during coverture , except she were endowed of less at the church door . ( . ) no widow shall be distrained to marry her self : nevertheless she shall find surety , that she shall not marry without our license and assent ( if she hold of us ) nor without the assent of the lord , if she hold of another . chap. viii . how sureties shall be charged to the king. we or our bailiffs , shall not seize any land or rent for any debt , as long as the present goods and chattels of the debtor do suffice to pay the debt , and the debtor himself be ready to satisfie therefore . ( . ) neither shall the pledges of the debtor be distrained , as long as the principal debtor is sufficient for the payment of the debt . ( . ) and if the principal debtor fail in the payment of the debt , having nothing wherewith to pay , or will not pay where he is able , the pledges shall answer for the debt . ( . ) and if they will , they shall have the lands and rents of the debtor untill they be satisfied of that which they before payed for him , except that the debtor can shew himself to be acquitted against the said sureties . chap. ix . the liberties of london , and other cities and towns confirmed . the city of london shall have all the old liberties and customs which it hath been used to have . moreover , we will and grant , that all other cities and borroughs , towns , and the barons of the five ports , and all other ports , shall have all their liberties and free customs . chap. x. none shall distrain for more service than is due . no man shall be distrained to do more service for a knights fee , nor for any freeholder , than therefore is due . chap. xi . common-pleas , shall not follow the kings court. common-pleas shall not follow our court , but shall be holden in some place certain . chap. xii . where , and before whom assizes shall be taken . adjournment for difficulty . assizes of novel diss●isin and of mortdancester , shall not be taken but in the shires , and after this manner : if we be out of this realm , our chief justicers shall send our justicers through every county once in the year ; which , with the knights of the shire , shall take the said assizes in those counties . ( . ) and those things that at the coming of our foresaid justicers , being sent to take those assizes in the counties , cannot be determined , shall be ended by them in some other place in their circuit . ( . ) and those things which for difficulty of some articles cannot be determined by them , shall be referred to our justicers of the bench , and there shall be ended . chap. xiii . assizes of darrein presentment . assizes of darrein presentment , shall be always taken before our justicers of the bench , and there shall be determined . chap. xiv . how men of all sorts shall be amerced , and by whom . a free-man shall not be amerced for a small fault , but after the manner of the fault . and for a great fault after the greatness thereof , saving to him his contenement . ( . ) and a merchant likewise , saving to him his merchandize . ( . ) and any others villain than ours shall be likewise amerced , saving his wainage , if he fall into our mercy . ( . ) and none of the said amerciaments shall be assessed , but by the oath of honest and lawful men of the vicinage . ( . ) earls and barons , shall not be amerced , but by their peers , and after the manner of their offence . ( . ) no man of the church shall be 〈…〉 after the quantity of his spiritual benefice , but after his lay-tenement , and after the quantity of his offence . chap. xv. making of bridges and banks . no town nor freeman shall be distrained to make bridges nor banks , but such as of old time , and of right have been accustomed to make them in the time of king henry our grandfather . chap. xvi . defending of banks . no banks shall be defended from henceforth , but such as were in defence in the time of king henry our grandfather , by the same places , and the same bounds as they were wont to be in his time . chap. xvii . holding pleas of the crown . no sheriff , constable , escheator , coroner , nor any other our bayliffs , shall hold pleas of our crown . chap. xviii . the kings debtor dying , the king shall be first paid . if any that holdeth of us lay-fee do dye , and our sheriff or bayliff do shew our letters patents of our summons for debt , which the dead man did owe to us : it shall be lawful to our sheriff or bayliff , to attach and inroll all the goods and chattels of the dead , being found in the said fee , to the value of the same debt , by the sight and testimony of lawful men ; so that nothing thereof be taken away , until we be clearly paid off the debt . ( . ) and the residue shall remain to the executors , to perform the testament of the dead . ( . ) and if nothing be owing to us , all the chattels shall goe to the use of the dead ( saying to his wise and children the reasonable parts . ) chap. xix . purveyance for a castle . no constable , nor his bayliff shall take corn or other chattels of any man , if the man be not of the town where the castle is , but he shall forthwith pay for the same , unless that the will of the seller was to respite the payment . ( . ) and if he be of the same town , the price shall be paid unto him within forty days . chap. xx. doing of castle ward . no constable shall distrain any knight for to give money for keeping of his castle , if he himself will do it in his proper person , or cause it to be done by another sufficient man , if he may not do it himself for a reasonable cause . ( . ) and if we do lead or send him in an arms , he shall be free from castle-ward for the time that he shall be with us in fee in our host , for the which he hath done service in our wars . chap. xxi . taking of horses , carts , and woods . no sheriff nor bayliff of ours , nor any other , shall take the horses or carts of any man to make carriage , except he pay the old price limited , that is to say , for carriage with two horse , d. a day , for three horse d. a day . ( . ) no demesne cart of any spiritual person or knight , or any lord , shall be taken by our bayliffs . ( . ) nor we , nor our bailiffs , nor any other shall take any mans wood for our castles , or other our necessaries to be done , but by the license of him whose the wood is . chap. xxii . how long felons lands shall be holden by the king. we will not hold the lands of them that be be convict of felony but one year and one day , and then those lands shall be delivered to the lords of the fee. chap. xxiii . in what place wears shall be put down . all wears from henceforth shall be utterly put down by thames and medway , and through all england , but only by the sea-co●ts . chap. xxiv . in what case a praecipe in capite , is not grantable . the writ that is called praecipe in capite , shall be from henceforth granted to no person of any free-hold , whereby any free-man may lose his court. chap. xxv . there shall be but one measure throughout the realm . one measure of wine shall be through our realm , and one measure of ale , and measure of corn , that is to say , the quarter of london . ( . ) and one breadth of died cloath , russets , and haberjects , that is to say , two yards within the lists . ( . ) and it shall be of weights as it is of measures . chap. xxvi . inquisition of life and member . nothing from henceforth shall be given for a writ of inquisition , nor taken of him that prayeth inquisition of life or of member , but it shall be granted freely , and not denyed . chap. xxvii . tenure of the king , in socage , and of another by knights service . petit serjeantry . if any do hold of us by fee-farm , or by socage , or burgage , & he holdeth lands of another by knights service , we will not have the custody of his heir , nor of his land , which is holden of the fee of another , by reason of that fee-farm , socage or burgage . ( . ) neither will we have the custody of such fee-farm , or socage or burgage , except knights service be due unto us out of the same fee-farm . ( . ) we will not have the custody of the heir , or of any land , by occasion of any petit serjeantry that any man holdeth of us by service , to pay a knife , an arrow , or the like . chap. xxviii . wager of law shall not be without witness . no bayliff from henceforth , shall put any man to his open law , nor to an oath , upon his own bare saying , without faithful witnesses brought in for the same . chap. xxix . none shall be condemned without tryal . justice shall not be sold or deferred . no freeman shall be taken , or imprisoned , or be disseised of his free-hold , or liberties , or free customs , or be outlawed or exiled , or any otherwise destroyed , nor we will not pass upon him , nor condemn him , but by lawful judgment of his peers , or by the law of the land. ( . ) we will sell to no man , we will not deny or defer to any man either justice or right . chap. xxx . merchants , strangers , coming into this realm , shall be well used . all merchants ( if they were not openly prohibited before ) shall have their safe and sure conduct to depart out of england , to come into england , to tarry in and go through england , as well by land as by sea , to buy and sell without any manner of evil tools , by the old and rightful customs , except in time of war. ( ) and if they be of a land making war against us , and be found in our realm at the beginning of the wars , they shall be attached without harm of body and goods , until it be known unto us , or our chief justice , how our merchants be intreated there in the land making war against us. ( . ) and if our merchants be well intreated there , theirs shall be likewise with us. chap. xxxi . tenure of a barony , coming into the kings hand by eschete . if any man hold of any eschete , as of the honour of wallingford , nottingham , boloin , or of any other eschetes which be in our hand , and are baronies , and dye , his heir shall give none other relief , nor do none other service to us than he should to the baron , if it were in the barons hand . ( . ) and we in the same wise should hold it as the baron held it , neither shall we have by occasion of any baron or eschete , any eschete or keeping of any of our men , unless he that held the barrony or escehte , otherwise held of us in chief . chap. xxxii . lands shall not be aliened to the prejudice of the lords service . no freeman , from henceforth shall give or sell any more of his land , but so that of the residue of the lands , the lord of the fee may have the services due to him , which belongeth to the fee. chap. xxxiii . patrons of abbies , shall have the custody of them in the time of vacation . all patrons of abbies , which have the kings charter of england , of advowson , or have old tenure or possession in the same , shall have the custody of them when they fall void , as it hath been accustomed , and as it is afore declared . chap. xxxiv . in what only case a woman shall have an appeal of death . no man shall be taken or imprisoned upon the appeal of a woman , for the death of any other than of her husband . chap. xxxv . at what time shall be kept a countrey court , sheriffs turn , and a leet . no countrey from henceforth shall be holden , but from month to month ; and where greater time hath been used , there shall be greater . ( . ) nor any sheriff or his bayliff shall keep his turn in the hundred , but twice in the year : and no where but in due place and accustomed , that is to say , once after easter , and again after the feast of saint michael . ( . ) and the view of frank-pledge shall be likewise at the feast of saint michael without occasion . so that every man have his liberties which he had , or used to have in the time of king henry our grandfather , or which he hath purchased since . ( . ) the view of frank-pledge shall be so done , that our peace may be kept . ( . ) and that the tything be wholly kept as it hath been acustomed . ( . ) and that the sheriff seek no occasions , and that he be content with so much as the sheriff was wont to have for his view-making in the time of king henry our grandfather . chap. xxxvi . no land shall be given in mortmain . it shall not be lawful from henceforth to any one to give his lands to any religious house , and to take the same land again to hold of the same house . nor shall it be lawful to any house of religion to take the lands of any , and to lease the same to him of whom he received it : if any from henceforth give his lands to any religious house , and thereupon be convict , the gift shall be utterly void , and the land shall accrue to the lord of the fee. chap. xxxvii . a subsidy in respect of this charter , and the charter of the forrest , granted to the king. eseuage from henceforth shall be taken , like as it was wont to be in the time of king henry our grandfather , reserving to all archbishops , bishops , abbots , priors , templers , hospitallers , earls , barons , and all persons as well spiritual as temporal , all their free liberties and free customs which they have had in time passed ; ( . ) and all these customs and liberties aforesaid , which we have granted to be holden within this our realm , as much as appertaineth to us and our heirs , we shall observe . ( . ) and all men of this our realm , as well spiritual as temporal ( as much as in them is ) shall observe the same against all persons in likewise . ( . ) and for this our gift and grant of these liberties , and of other contained in our charter of liberties of our forest , the archbishops , bishops , abbots , priors , earls , barons , knights , freeholders , and other our subjects , have given unto us the fifteenth part of all their movables . ( . ) and we have granted unto them on the other part , that neither we nor our heirs shall procure or do any thing , whereby the liberties in this charter contained , shall be infringed or broken. ( . ) and if any thing be procured , by any person , contrary to the premisses , it shall be had of no force nor effect . these being witnesses , lord b. arch-bishop of canterbury , e. bishop of london , &c. we , ratifying and approving these gifts and grants aforesaid , confirm and make strong all the same for us and our heirs perpetually ; and by the tenour of these presents , do renew the same , willing and granting for us and our heirs , that this charter , and all and singular his articles for ever , shall be stedfastly , firmly , and inviolably observed . and if any article in the same charter contained , yet hitherto peradventure hath not been kept , we will , and by authority royal command from henceforth firmly they be observed . in witness whereof we have caused these our letters patents to be made . t. edward our son at westminster , the twenty eighth day of march , in the twenty eighth year of our reign . notes on magna charta . this excellent law holds the first place in our statute books , for though there were no doubt many acts of parliament long before this , yet they are not now extant : 't is called magna charta , or the great charter , not in respect of its bulk , but in regard of the great importance and weight of the matters therein contained ; it is also styled charta libertatum regni , the charter of the liberties of the kingdom , and upon great reason ( saith cook in his proem ) is it so called from the effect , quia liberos facit , because it makes and preserves the people free . though it run in the stile of the king as a charter , yet ( as my lord cook well observes on the chapter ) it appears to have passed in parliament , for there was then a fifteenth granted to the king , by the bishops , earls , barons , free-tenants and people , which could not be but in parliament , nor was it unusual in those times to have acts of parliament , in a form of a charter : as you may read in the princes case , co. rep. l. . likewise though it be said here , that the king hath given and granted these liberties , yet they must not be understood as meer emanations of royal favour , or new bounties granted , which the people could not justly challenge , or had not a right unto before ; for the lord cook at divers places asserts , and all lawyers know , that this charter is for the most part only declaratory of the principal grounds of the fundamental laws and liberties of england , no new freedom is hereby granted , but a restitution of such as lawfully they had before , and to free them of what had been usurped and encroached upon them by any power whatsoever ; and therefore you may see this charter often mentions sua jura , their rights , and liberat●s suas , their liberties , which shews they had them before , and that the same now were confirmed . as to the occasion of this charter , it must be noted , that our ancestors the saxons had with a most equal poize and temperament , very wisely contriv'd their government , and made excellent provisions for their liberties , and to preserve the people from oppression , and when william the norman made himself master of the land , though he be commonly called the conquerour , yet in truth he was not so , and i have known several judges that would reprehend any gentleman at the bar that casually gave him that title ; for though he killed harold the usurper , and routed his army , yet he pretended a right to the kingdom , and was admitted by compact , and did take an oath to observe the laws and customs . but the truth is , he did not perform that oath so as he ought to have done ; and his successors william rufus , king stephen , henry the first , and richard likewise , made frequent encroachments upon the liberties of their people , but especially king john made use of so many illegal devices to drain them of money , that wearied with intollerable oppressions they resolved to oblige the king to grant them their liberties , and to promise the same should be observed , which king john did in running-mead between stains and windsor , by two charters , one called charta libertatum , the charter of liberties ( the form of which you may read in math. paris , fol. . and is in effect the same with this here recited ) the other the charter of the forrest , copies of which he sent into every county , and commanded the sheriffs , &c. to see them fulfilled . but by ill council he quickly after began to violate them as much as ever , whereupon disturbances and great miseries arose both to himself and the realm . the son and successor of this king john was henry the third , who in the th year of his reign , renewed and confirmed the said charters , but within two years after cancelled them by the pernicious advice of his favourites , and particularly hubert de burgh whom he had made lord chief justice ; one that in former times had been a great lover of his countrey , and a well deserving patriot , as well as learned in the laws , but now to make this a step to his ambition ( which ever rideth without reins ) perswaded and humored the king that he might avoid the charters of his father king john by duresse , and his own great charter , and charta de foresta also , for that he was within age when he granted the same ; whereupon the king in the eleventh year of his reign , being then of full age , got one of the great charters , and of the forrest , into his hands , and by the council principally of this hubert his chief justice , at a council holden at oxford , unjustly cancelled both the said charters , ( notwithstanding the said hubert de burgh was the primier witness of all the temporal lords to both the said charters ) whereupon he became in high favour with the king , insomuch that he was soon after ( viz. the th of december in the th year of that king ) created ( to the highest dignity that in those times a subject had ) to be an earl , viz. of kent . but soon after ( for flatterers and humorists have no sure foundation ) he fell into the kings heavy indignation , and after many fearful and miserable troubles , he was justly , and according to law sentenced by his peers in an open parliament , and justly degraded of that dignity which he unjustly had obtained by his council for cancelling of magna charta , and charta de foresta . in the th . chap. of this great charter , all the ancient liberties and customs of london , are confirmed and preserved , which is likewise done by divers other statutes , as edw. . cap. . &c. the chapt. no free-man shall be taken , &c. deserves to be written in letters of gold , and i have often wondered the words thereof are not inscribed in capitals on all our courts of judicature , town-halls , and most publick edifices ; they are the elixir of our english freedoms , the storehouse of all our liberties . and because my lord cook in the second part of his institutes , has many excellent observations , i shall here recite his very words . this chapter containeth nine several branches : . that no man be taken or imprisoned , but per legem terrae , that is , by the common law , statute-law , or custome of england : for these words , per legem terrae , being towards the end of this chapter , do refer to all the precedent matters in this chapter ; and this hath the first place , because the liberty of a mans person is more pretious to him than all the rest that follow , and therefore it is great reason that he should by law be relieved therein , if he be wronged , as hereafter shall be shewed . . no man shall be disseised , that is , put out of seisin , or dispossessed of his free-hold , that is , lands or livelyhood , or of his liberties or free customs , that is , of such franchises and freedoms , and free customs as belong to him , by his free birth-right , unless it be by the lawful judgment , that is , verdict of his equals , ( that is , of men of his own condition ) or by the law of the land , that is , ( to speak it once for all ) by the due course and process of law. . no man shall be outlawed , made an exlex , put out of the law , that is , deprived of the benefit of the law , unless he be outlawed according to the law of the land. . no man shall be exiled or banished out of his countrey , that is , nemo perdet patriam , no man shall lose his countrey , unless he be exiled according to the law of the land. . no man shall in any sort be destroyed ( destruere id est quod prius structum & factum fuit , penitus evertere & diruere , ) unless it be by the verdict of his equals , or according to the law of the land. . no man shall be condemned at the kings suit , either before the king in his bench , where the pleas are coram rege ( and so are the words , nec super eum ibimus to be understood ; ) nor before any other commissioner or judge whatsoever , and so are the words , nec super eum mittimus , to be understood , but by the judgment of his peers , that is , equals , or according to the law of the land. . we shall sell to no man justice or right . . we shall deny to no man justice or right . . we shall defer to no man justice or right . each of these we shall briefly explain . . no man shall be taken , ( that is ) restrained of liberty by petition or suggestion to the king or his council , unless it be by indictment or presentment of good and lawful men , where such deeds be done . this branch and divers other parts of this act have been notably explained and construed by divers acts of parliament , several of which you will find recited hereafter in this book . . no man shall be disseised , &c. hereby is intended that lands , tenements , goods and chattels , shall not be seised into the kings hands contrary to this great charter , and the law of the land , nor any man shall be disseised of his lands or tenements , or dispossessed of his goods or chattels contrary to the law of the land. a custom was alleadged in the town of c. that if the tenant cease by two years , that the lord should enter into the freehold of the tenant , and hold the same until he were satisfied of the arrearages : it was adjudged a custom against the law of the land , to enter into a mans freehold in that case , without action or answer . king henry . granted to the corporation of diers within london , power to search , &c. and if they found any cloath died with log-wood , that the cloath should be forfeit : and it was adjuged , that this charter concerning the forfeiture was against the law of the land , and this statute ; for no forfeiture can grow by letters patents . no man ought to be put from his livelihood without answer . . no man outlawed ] that is , barred to have the benefit of the law. and note , to this word outlawed , these words , vnless by the law of the land , do referr . [ of his liberties ] this word hath three significations : . as it hath been said , it signifieth the laws of the realm , in which respect this charter is called charta libertatum , as aforesaid . . it signifieth the freedom the subjects of england have : for example , the company of merchant-taylors of england , having power by their charter to make ordinances , made an ordinance that every brother of the same society should put the one half of his cloaths to be dressed by some cloath-workers free of the same company , upon pain to forfeit s. &c. and it was adjuged that this ordinance was against law , because it was against the liberty of the subject , for every subject hath freedom to put his cloaths to be dressed by whom he will , & sic de similibus . and so it is , if such or the like grant had been made by his letters patents . . liberties signifie the franchises and priviledges which the subjects have of the gift of the king , as the goods and chattels of felons , out-laws and the like ; or which the subject claims by prescription , as wreck , waife , straie , and the like . so likewise and for the same reason , if a grant be made to any man to have the sole making of cards , or the sole dealing with any other trade , that grant is against the liberty and freedom of the subject , that before did or lawfully might have used that trade , and consequently against this great charter . generally all monopolies are against this great charter , because they are against the liberty and freedom of the subject , and against the law of the land. . no man exiled , that is banisht , or forced to depart or stay out of england without his consent . by the law of the land , no man can be exiled or banished out of his native country , but either by authority of parliament , or in case of abjuration for felony by the common law ; and so when our books , or any record , speak of exile , or banishment , other than in case of abjuration , it is to be intended to be done by authority of parliament , as belknap and other judges , &c. banished into ireland , in the reign of rich. the second . this is a beneficial law , and is construed benignly ; and therefore the king cannot send any subject of england against his will to serve him out of this realm , for that should be an exile , and he should perdere patriam : no , he cannot be sent against his will into ireland , to serve the king or his deputy there , because it is out of the realm of england : for if the king might send him out of this realm to any place , then under pretence of service , as ambassador or the like , he might send him into the furthest part of the world , which being an exile , is prohibited by this act. . no man destroyed — that is , forejudged of life or limb , or put to torture or death , every oppression against law by colour of any usurped authority is a kind of destruction . and the words aliquo modo ( any otherwise ) are added to this verb destroyed , and to no other verb in this chapter , and therefore all things by any manner of means tending to destruction are prohibited ; as if a man be accused or indicted of treason or felony , his lands or goods cannot be granted to any , no not so much as by promise , nor any of his lands or goods seized into the kings hands before he is attainted ; for when a subject obtaineth a promise of the forfeiture , many times undue means and more violent prosecution is used for private lucre , tending to destruction , than the quiet and just proceeding of the law would permit , and the party ought to live of his own until attainder . . by lawful judgment of his peers , ] that is by his equals , men of his own rank and condition . the general division of persons by the law of england , is , either one that is noble , and in respect of his nobility of the lords house of parliament , or one of the commons , and in respect thereof , of the house of commons in parliament . and as there be divers degrees of nobility , as dukes , marquesses , earls , viscounts , and barons , and yet all of them are comprehended under this word peers , and are peers of the realm ; so of the commons , there be knights , esquires , gentlemen , citizens , and yeomen , and yet all of them of the commons of the realm . and as every of the nobles is one a peer to another , though he be of a several degree , so it is of the commons ; and as it hath been said of men , so doth it hold of noble women , either by birth or marriage . and forasmuch , as this judgment by peers is called lawful , it shews the antiquity of this manner of trial : it was , the ancient , accustomed , legal course long before this charter . or by the law of the land. ] that is , by due process of law , for so the words are expresly expounded by the stat. of edw. . chap. . and these words are specially to be referred to those foregoing , to whom they relate . as none shall be condemn'd without a lawful trial by his peers , so none shall be taken , imprison'd , or put out of his free-hold , without due process of the law , that is by the indictment or presentment of good and lawful men of the place , in due manner , or by writ original of the common-law . now , seeing that no man can be taken , arrested , attached , or imprisoned , but by due process of law , and according to the law of the land , these conclusions hereupon do follow . . that the person or persons which commit any , must have lawful authority . . it is necessary that the warrant or mittimus be lawful , and that must be in writing under his hand and seal . . the cause must be contained in the warrant , as for treason , felony , &c. suspicion of treason , or felony , or the like particular crime ; for if it do not thus specifie the cause , if the prisoner bring his habeas corpus , he must be discharged , because no crime appears on the return ; nor is it in such case any offence at all , if the prisoner make his escape ; whereas if the mittimus contain the cause , the escape would respectively be treason or felony , though in truth he were not guilty of the first offence . and this mentioning the cause , is agreeable to scripture , acts . . the warrant or mittimus containing a lawful cause , ought to have a lawful conclusion , &c. and him safely to keep until he be delivered by law , &c. and not until the party committing shall further order . if any man by colour of any authority , where he hath not any in that particular case , shall presume to arrest or imprison any man , or cause him to be arrested or imprisoned , this is against this act , and it is most hateful , when it is done by countenance of justice . king edw. the th . did incorporate the town of saint albans , and granted to them to make ordinances , &c. they made a by-law upon pain of imprisonment , and it was adjudged to be against this statute of magna charta ; so it had been , if such an ordinance had been contained in the patent it self . we will sell to no man , deny to no man , &c. this is spoken in the person of the king , who in judgment of law in all his courts of justice is present ; and therefore every subject of this realm , for injury done to him , in bonis , terris , vel persona , in person , lands , or goods , by any other subject , ecclesiastical or temporal , whatever he be without exception , may take his remedy by the course of the law , and have justice and right for the injury done him , freely without sale , fully without any denial , and speedily without delay ; for justice must have three qualities , it must be libera , free , for nothing is more odious than justice set to sale ; plena , full , for justice ought not to limp , or be granted piece-meal , and celeris , speedy : quia dilatio est quaedam negatio , delay is a kind of denial ; and when all these meet , it is both justice and right . we will not deny nor delay any man , &c. ) these words have been excellently expounded by latter acts of parliament , that by no means common right or common law should be disturbed or delayed ; no , though it be commanded under the great seal , or privy seal , order , writ , letters , message , or commandment whatsoever , either from the king or any other ; and that the justices shall proceed , as if no such writs , letters , order , message , or other commandment were come to them : all our judges swear to this ; for 't is part of their oaths , so that if any shall be found wresting the law to serve a court turn , they are perjur'd as well as unjust . the common-laws of the realm should by no means be delayed , for the law is the surest sanctuary that a man can take , and the strongest fortress to protect the weakest of all ; lex est tutissima cassis , the law is a most safe head-piece , and sub clipeo legis nemo decipitur , no man is deceived whilst the law is his buckler : but the king may stay his own suit , as a capias pro fine , for the king may respit his fine , and the like . all protections that are not legal , which appear not in the register , nor warranted by our books , are expresly against this branch , nulli diff●remus , we will not delay any man : as a protection under the great seal granted to any man , directed to the sheriffs , &c. and commanding them that they shall not arrest him during a certain time at any other mans suit , which hath words in it , per prerogativ●m nostram quam nolumus esse arguendam ; by our prerogative , which we will not have disputed ; yet such protections have been argued by the judges , according to their oath and duty , and adjuged to be void . as mich. h. . rot. . a protection granted to holmes a vintrier of london , his factors , servants and deputies , &c. resolved to be against law. pasch . . h. . rot. . such a protection disallowed , and the sheriff amerced for not executing the writ , mich. . and eiiz. in hitchcocks case , and many other of latter time : and there is a notable record of ancient time in e. . john de mershals case ; non pertinct ad vicecomitem de protectione regis judicare , imo ad curiam . justice or right ] we shall not sell , deny or delay justice and right , neither the end , which is justice ▪ nor the mean whereby we may attain to the end , and that is the law : right , is taken here for law , in the same sence that justice often is so called . . because it is the right line , whereby justice distributive is guided and directed ; and therefore all the commissioners of oier and terminer , of gaol-delivery , of the peace , &c. have this clause , facturi quod ad justititiam pertinet , secundum legem & consuetudinem angliae ; that is , to do justice and right , according to the rule of the law and custom of england : and that which is called common right in e. . is called common-law in e. . &c. and in this sence it is taken , where it is said , ita quod stat rectus in curia , id est legi in curia . . the law is called rectum , because it discovereth that which is tort , crooked or wrong ; for as right signifieth law , so tort , crooked or wrong , signifieth injuries , and injuria est contra jus , injury is against right . recta linea est index sui & obliqui , a right line is both declaratory of it self and the oblique . hereby the crooked cord of that which is called discretion appeareth to be unlawful , unless you take it as it ought to be , discretio est discernere per legem , quid sit justum , discretion is to discern by the law what is just . . it is called right , because it is the best birth-right the subject hath , for thereby his goods , lands , wife and children , his body , life , honour and estimation are protected from injury and wrong : major haereditas venit unicunque nostrum a jure & legibus , quam a parentibus ; a greater inheritance descends to us from the laws , than from our progenitors . thus far the very words of that oracle of our law , the sage and learned coke ; which so fully and excellently explain this incomparable law , that it will be superfluous to add any thing further thereunto . a confirmation of the charters of the liberties of england , and of the forrest , made in the th year of edw. the first . edward by the grace of god king of england , lord of ireland , and duke of guyan , to all those these present letters shall hear or see , greeting . know ye , that we to the honour of god , and of holy church , and to the profit of our realm , have granted for us and our heirs , that the charter of liberties , and the charter of the forrest ; which were made by common assent of all the realm , in the time of king henry our father , shall be kept in every point without breach . and we will , that the same charter shall be sent under our seal , as well to our justices of the forrest , as to others , and to all sheriffs of shires , and to all our other officers , and to all our cities throughout the realm , together with our writs , in the which it shall be contained that they cause the aforesaid charters to be published , and to declare to the people that we have confirmed them in all points . and that our justicers , sheriffs , majors , and other ministers which under us have the laws of our land to guide , shall allow the same charters pleaded before them in jugdment in all their points , that is to wit , the great charter as the common law , and the charter of the forrest , for the wealth of our realm . chap. . and we will , that if any judgment be given from henceforth contrary to the points of the charters aforesaid by the justicers , or by any other our ministers that hold plea before them , against the points of the charters , it shall be undone and holden for nought . cap. . and we will that the same charters shall be sent under our seal , to cathedral churches throughout our realm , there to remain , and shall be read before the people two times by the year . cap. . and that all archbishops and bishops shall pronounce the sentence of excommunication against all those that by word , deed , or council , do contrary to the foresaid charters , or that in any point break or undo them . and that the said curses , be twice a year ddenounced and published by the prelates aforesaid . and if the same prelates or any of them , be remiss in the denunciation of the said sentences , the archbishop of canterbury and york for the time being , shall compel and distrain them to the execution of their duties in form aforesaid . cap. . and for so much as divers people of our realm are in fear , that the aids and tasks which they have given to us beforetime towards our wars , and other business of their own grant , or good will ( however they were made ) might turn to a bondage to them and their heirs , because they might be at another time found in the rolls , and likewise for the prizes taken throughout the realm by our ministers : we have granted for us and our heirs , that we shall not draw no such aids , tasks nor prises into a custom , for any that hath been done heretofore , be it by roll , or any other precedent that may be founden . cap. . moerover , we have granted for us and our heirs , as well to archbishops , bishops , abbots , priors , and other folk of holy church , as also to earls , barons , and to all the commonalty of the land , that for no business from henceforth , we shall take such manner of aids , tasks or prises , but by the common assent of the realm , and for the common profit thereof ; saving the ancient aids and prises due and accustomed . cap. . and for so much , as the more part of the commonalty of the realm find themselves sore grieved with the maletot of woolls , that is to wit , a toll of forty shillings for every sack of wooll , and have made petition to us for to release the same : we at their request have clearly released it , and have granted for us and our heirs , that we shall not take such things without their common consent and good will , saving to us and our heirs the custom of woolls , skins and leather , granted before by the commonalty aforesaid . in witness of which things we have caused our letters to be patent . witness edward our son , at london the th of october , and the twenty five year of our reign . sententia lata super chartas . the sentence of the clergy against the breakers of the articles above written . in the name of the father , the son , and the holy ghost , amen . whereas our sovereign lord the king , to the honour of god , and of holy church , and for the common profit of the realm , hath granted for him and his heirs for ever , these articles above written ; robert archbishop of canterbury , primate of all england admonished all his province once , twice , and thrice ; because that shortness will not suffer so much delay , as to give knowledge to all the people of england of these presents in writing . we therefore enjoyn all persons , of what estate soever they be , that they and every of them , as much as in them is , shall uphold and maintain these articles granted by our sov . l. the k. in all points . and all those that in any point do resist or break , or in any manner hereafter procure , counsel , or any ways assent to resist or break those ordinances , or go about it , by word or deed , openly or privily , by any manner of pretence or colour : we the foresaid arch-bishop by our authority in this writing expressed , do excommunicate and accurse , and from the body of our lord jesu christ , and from all the company of heaven , and from all the sacraments of holy church do sequester and exclude . notes . it may be observed , that this curse is left out of our late printed statute-book , though inserted at large in that printed in three volumns , in queen elizabeth's days , anno. . there is likewise another like dreadful , but more full and express curse , solemnly pronounced before in the time of king henry d. which being also omitted in our modern statute-book , i shall add here for the readers satisfaction . the sentence or curse given by the bishops against the breakers of the great charter . in the year of our lord , one thousand two hundred and fifty three , the third day of may , in the great hall of the king at westminster , in the presence and by the assent of the lord henry , by the grace of god , king of england , and the lord richard earl of cornwal his brother , roger bigot earl of norfolk and suffolk , marshal of england , humphry earl of hereford , henry earl of oxford , john earl warren , and other estates of the realm of england : william boniface by the mercy of god arch-bishop of canterbury , primate of all england ; f. of london , h. of ely , s. of worcester , e. of lincoln , w. of norwich , g. of hereford , w. of salisbury , w. of durham , r. of exeter , m. of carlile , w. of bath , e. of rochester , t. of saint davids : bishops apparelled in pontificials with tapers burning , against the breakers of the churches liberties , and of the liberties or other customs of the realm of england , and namely of those which are contained in the charter of the common liberties of england , and charter of the forrest , have denounced the sentence of excommunication in this form. by the authority of almighty god , the father , the son , and the holy ghost , and of the glorious mother of god , and perpetual virgin mary , of the blessed apostles peter and paul , and of all apostles , and of all martyrs , of blessed edward king of england , and of all the saints of heaven : we excommunicate , accurse , and from the benefits of our holy mother the church we sequester all those that hereafter willingly and maliciously deprive or spoil the church of her right : and all those that by any craft or wiliness do violate , break , diminish , or change the churches liberties , and free customs contained in the charters of the common liberties , and of the forr est , granted by our lord the king , to archbishops , bishops and other prelates of england , and likewise to the earls , barons , knights , and other freeholders of the realm : and all that secretly or openly , by deed , word or council , do make statutes , or observe them being made , and that bring in customs , or keep them when they be brought in , against the said liberties , or any of them , the writers , the law-makers , councellors , and the executioners of them , and all those that shall presume to judge against them . all and every which persons before mentioned , that wittingly shall commit any of the premises , let them well know , that they incurr the foresaid sentence ipso facto , [ i. e. upon the deed done . ] and those that commit ought ignorantly , and be admonished , except they reform themselves within dayes after the time of the admonition , and make full satisfaction for that they have done , at the will of the ordinary , shall be from that time forth wrapped in the said sentence ; and with the same sentence we burden all those that presume to disturb the peace of our soveraign lord the king , and of the realm . to the perpetual memory of which thing , we the foresaid prelates have put our seals to these presents . so zealous were our ancestors to preserve their liberties from encroachments , that they employed all the strength of humane policy and religious obligations to secure them intire and inviolate . and since this act is still in as much force as the act against conventicles , i cannot fadome the reason why our prelates should not as well hold themselves obliged twice a year to accurse the infringers thereof , as to prosecute protestant dissenters : however we may note , that by this statute , chap. . it is expresly provided , that if any judgments be given from that time forwards against any of the points of magna charta , they shall be annull'd and holden for nought ; therefore quaere whether the conviction of protestant dissenters by a justice , and spoiling them of their goods without any trial and conviction by a jury , ( which is expresly against the chapter of magna charta ) ought not to be taken notice of , and redress'd , and the original promoters thereof to be curs'd by my lords the bishops as aforesaid ? ] a statute made anno edw. . commonly called de tallageo non concedendo . chap. i. the king or his heirs shall have no tallage or aid without consent of parliament . no tallage or aid shall be taken or levied by us or our heirs in our realm , without the good will and assent of arch-bishops , bishops , earls , barons , knights , burgesses , and other freemen of the land. chap. ii. nothing shall be purveyed to the kings vse without the owners consent . no officer of ours , or of our heirs , shall take corn , leather , cattel , or any other goods of any manner of person , without the good will and assent of the party to whom the goods belonged . chap. iii. nothing shall be taken of sacks of wooll by colour of maletot . nothing from henceforth shall be taken of sacks of wooll by colour or occasion of maletot . chap. iv. all laws , liberties , and customs , confirmed . we will and grant for us and our heirs , that all clerks and lay-men of our land , shall have their laws , liberties , and free customs as largely and wholly , as they have used to have the same at any time when they had them best . ( . ) and if any statutes have been made by us and our ancestors , or any customs brought in contrary to them , or any manner of article contained in this present charter : we will and grant that such manner of statutes and customs shall be void and frustrate for evermore . chap. v. pardon granted to certain offenders . moreover we have pardoned humphrey bohun , earl of hereford , and essex , constable of england , roger earl of norfolk and suffolk , marshal of england , and other earls , barons , knights , esquires , and namely , john de ferrariis , with all other being of their fellowship , consederacy , and bond , and also of other that hold l. land in our realm , whether they hold of us in chief or of others , that were appointed at a day certain to pass over with us into flanders , the rancour and evil will born against us , and all other offences if any they have committed against us , unto the making of this present charter . chap. vi. the curse of the church shall be pronounced against the breakers of this charter . and for the more assurance of this thing , we will and grant that all archbishops and bishops for ever , shall read this present charter in cathedral churches twice in the year , and upon the reading thereof in every of their parish-churches shall openly denounce accursed all those that willingly do procure to be done any thing contrary to the tenour , force and effect of this present charter in any point and article . in witness of which thing we have set our seal to this present charter , together with the seals of the archbishops , bishops , which voluntarily have sworn , that as much as in them is , they shall observe the tenour of this present charter in all causes and articles , and shall extend their faithful aid to the keeping thereof , &c. the comment . the word tallage is derived from the french word tailler , to share or cut out a part , and is metaphorically used for any charge , when the king or any other does cut out or take away any part or share out of a mans estate , and being a general word , it includes all subsidies , taxes , tenths , aids , impositions or other charges whatsoever . the word maletot signifies an evil ( that is , an unjust ) toll , custom , imposition or sum of money . the occasion of making this statute was this : king edward being injured by the french king , resolves to make war against him , and in order thereunto requires of humphrey le bohun earl of hereford and essex , and constable of england , and of roger bigot earl of norfolk and suffolk , and marshal of england , and of all the earls , barons , knights , esquires and freeholders of l. land , whether they held of him in capite , to contribute towards such his expedition , that is , to go in person or find sufficient men in their places in his army ; which the constable and marshal , and many of the knights and esquires , and especially this john ferrers taking part with them and all the freemen , stoutly denyed , unless it were so ordained and determined by common consent in parliament according to law. and it seems the contest grew so hot , that baker's chronicle , folio . relates a strange dialogue that pass'd between them , viz. that when the earl marshal told the king , that if his majesty pleased to go in person , he would then go with him , and march before him in the van-guard , as by right of inheritance he ought to do ; but otherwise he would not stir ; the king told him plainly , he should go with any other , though he went not in person . i am not so bound ( saith the earl ) neither will i take that journey without you : the king swore , by god , sir earl , you shall either go or hang : and i swear by the same oath ( said the earl ) i will neither go nor hang. and so the king was forc'd to dispatch his expedition without them . and yet ( saith my lord coke ) altho the king had conceived a deep displeasure against the constable , marshal , and others of the nobility , gentry , and commons of the realm , for denying that which he so much desired , yet , for that they stood in defence of their laws , liberties , and free customes , the said king edward the first , who ( as sir william herle chief justice of the common-pleas , who lived in his time and served him , said in the time of king edward the d. ) was the wisest king that ever was ; did after his return from beyond the seas , not only consent to this statute , whereby all such tallages and impositions are forbidden for the future , but also passes a pardon to the said nobles , &c. of all rancour , ill-will and transgressions , if any they have committed ; which last words were added , lest by acceptance of a pardon of transgression , they should implicitely confess that they had transgressed ; so careful were the lords and commons in former times to preserve the ancient laws , liberties , and free customs of their country . but note , these words , si quas fecerint , if any they have committed , are left out in all the printed books of statutes ; but they are in this statute recited by coke , in his second book of institutes , fo. . and specially noted , which he would never have done , if it had not been so in the rolls . and since 't is probable them may be many more like omissions , mistakes or falsifications , crept into the prints , and for that the r●●●●d not the printed satute-book ( varying from the records ) is the law , it were to be wished that all the rolls of acts of parliament were carefully by some persons of learning and integrity , view'd and compared with the prints , and notice taken of all such var●●tions , and of errors committed in the translations , and of any statutes of a publick import , if in force , that were never printed , and the same to be made publick . anno edw. . cap. ii. a declaration what offences shall be adjudged treason . whereas diverse opinions have been before this time in what case treason shall be said , and in what not . ( . ) the king at the request of the lords and of the commons , hath made a declaration in the manner as hereafter followeth , that is to say , when a man doth compass or imagine the death of our lord the king , or of our lady his queen , or of their eldest son and heir . ( . ) or if a man do violate the kings companion , or the kings eldest daughter unmarried , or the wife of the kings eldest son and heir . ( . ) or if a man do levy war against our lord the king in his realm , or be adherent to the kings enemies in his realm , giving them aid and comfort in the realm , or elsewhere , and thereof be provably attainted of open deed by the people of their condition . ( . ) and if a man counterfeit the kings great or privy-seal , or his money . ( . ) and if a man bring false money into this realm , counterfeit to the money of england , as the money called lushburgh , or other like to the said money of england , knowing the money to be false , to merchandise , or make payment , in deceit of our said lord the king , and of his people . ( . ) and if a man slay the chancellor , treasurer , or the kings justice of the one bench or the other , justices in eyre , or justices of assize , and all other justices assigned to hear and determine , being in their places doing their offices . ( . ) and it is to be understood , that in the cases above rehearsed that ought to be judged treason , which extends to our lord the king , and of his royal majesty . ( . ) and of such treason the forfeiture of the escheats pertaineth to our lord , as well of the lands and tenement holden of other , as of himself . ( . ) and moreover , there is another manner of treason , that is to say , when a servant slayeth his master , or a wife her husband , or when a man , secular or religious , slayeth his prelate , to whom he oweth faith and obedience . ( . ) and of such treason the escheats cught to pertain to every lord of his own fee. ( . ) and because that many other like cases of treason may happen in time to come , which a man cannot think nor declare at this present time ; it is accorded , that if any other case , supposed treason , which is not above specified , doth happen before any justices , the justices shall tarry without any going to judgment of the treason , till the cause be shewed and declared before the king and his parliament , whether it ought to be judged treason or other felony . ( . ) and if percase any man of this realm , ride armed covertly or secret with men of arms against any other , to slay him , or rob him , or take him , or retain him till he hath made fine or ransome for to have his deliverance , it is not the mind of the king nor his council , that in such case it shall be judged treason , but shall be judged felony or trespass , according to the laws of the land of old time used , and according as the case requireth . ( . ) and if in such case or other like , before this time any justices have judged treason , and for this cause the lands and tenements have come into the kings hands as forfeit , the chief lords of the fee shall have the escheats of the tenements holden of them , whether that the same tenements be in the kings hands , or in others , by gift , or in other manner . ( . ) saving always to our lord the king the year and the waste , and the sorfeitures of chattels , which pertain to him in the cases above named . ( . ) and that the writs of scire facias be granted in such case against the land-tenants , without other original , and without allowing any protection in the said suit. ( . ) and that of the lands which be in the kings hands , writs be granted to the sheriffs of the counties where the lands be , to deliver them out of the kings hands without delay . the comment . treason is derived from trabir , which signifies treacherously to betray ; when it concerns the government and the publick , 't is called high treason , but against particular persons , as a wife killing her husband , a servant his master , &c. it is petty treason , high treason in the civil law is called crimen laesae majestatis , a crime wronging majesty , but in our common-law-latine , alta proditio , and in an indictment for this offence the word proditorie must be in . before the making this act , so many things were charged as high treason , that no man knew how to behave himself : now by this statute , the particulars of that grand crime are reckoned up , and all others excluded , till declared by parliament . and the settling of this affair was esteemed of such importance to the publick-weal , that the parliament wherein this act passed , was called long after benedictum parliamentum , the blessed parliament . the substance of this statute is branched out by my lord cook d. part of instit. fol. . into six heads . viz. the first concerning death , by compassing or imagining the death of the king , queen , or prince , and declaring the same by some overt deed. by killing and murdering of the chancellor , treasurer , justices of either bench , justices in eyre , justices of assize , justices of oier and terminer , in their places doing their offices . the second is to violate , that is , to carnally know the queen , the kings eldest daughter unmarried , the princes wife . the third is , levying war against the king. the fourth is , adhering to the kings enemies , within the realm or without , and declaring the same by some overt act. the fifth is , counterfeiting of the great , the privy seal , or the kings coin. the sixth and last , by bringing into this realm counterfeit mony to the likeness of the kings coin. now as to the particular exposition of the several parts of this statute : . when a man doth compass , &c. in the original it is quant home , which extends to both sexes , but one that is non compos mentis , or an infant within the age of discretion , is not included ; but all allens within the realm of england , being thereby under the kings protection , and owing a local allegiance , if they commit treason may be punisht by this act , but otherwise it is of an enemy . . to compass and imagine , is to contrive , design or intend the death of the king ; but this must be declared by some overt act. but declaring by an open act a design to depose or imprison the king , is an over act to manifest the compassing his death . for they that will depose their king , will not stick to murder him , rather than fail of their end , and ( as king charles the first excellently observed , and lamentably experienced ) there are commonly but few steps between the prisons and the graves of princes . . by the word king , is intended , . a king before his coronation , as soon as ever the crown descends upon him , for the coronation is but a ceremony . . a king de facto , and not de jure , is a king within this act , and a treason against him is punishable , thô the right heir get the crown . . a titular king , as the husband of the queen , is not a king within this act , but the queen is , for the word king here includes both sexes . . what is to be understood by the kings eldest son and heir within this act ? i answer , . a second son after the death of the first born , is within the act , for he is then eldest . secondly , the eldest son of a queen regnant is as well within the statute , as of a king. thirdly , the collateral heir apparent or presumptive is not within this statute . roger mortimer earl of march was in anno dom. . ( rich. . ) proclaimed heir apparent . anno . hen. . richard duke of york was likewise proclaimed heir apparent , and so was john de la poolen , earl of lincoln , by rich. . and henry marquess of exeter , by king henry the . but none of these or the like are within the purview of this statute , saith my lord coke , instit . fol. . . note , whereas in the printed statute-books , it is there said , probably attainted , the same is a great error : for the words of the record are , et de ceo provablement soit attaint : and shall be thereof provably attaint : and i cannot but admire , that such a gross mistake should be suffered , since my lord coke has so expresly observed the difference , in these words following , instit . fol. . in this branch ( says he ) four things are to be observed : . this word [ provablement ] provably , that is , upon direct and manifest proof , not upon conjectural presumptions or inferences , or strains of wit , but upon good and sufficient proof . and herein the adverb [ provablement ] provably , hath a great force , and signifieth a direct and plain proof , which word the king , the lords , and commons in parliament did use , for that the offence was hainous , and was so heavily and severely punished , as none other the like , and therefore the offender must provably be attainted , which words are as forcible , as upon direct and manifest proof . note , the word is , not [ probably ] for then commune argumentum might have served ; but the word is , [ provably ] be attainted . secondly , this word [ attaint ] necessarily implyeth that he be proceeded with , and attainted according to the due course and proceedings of law , and not by absolute power , or by other means , as in former times had been used . and therefore if a man doth adhere to the enemies of the king , or be slain in open war against the king , or otherwise die before the attainder of treason , he forfeiteth nothing , because ( as this act saith ) he is not attainted : wherein this act hath altered that , which before this act , in case of treason was taken for law ; and the statute of e. . cap. . saves nothing to the king , but that which was in esse , and pertaining to the king at the making of that act. and this appeareth by a judgment in parliament in ann. . h. . cap. . that jack cade being slain in open rebellion could no way be punished , or forfeit any thing , and therefore was attainted by that act of high treason . thirdly , of open deed , per apertum factum , these words strengthen the former exposition of [ provablement , ] an overt act must be alledged in every indictment upon this act , and proved . compassing by bare words is not an overt act , as appears by many temporary statutes against it . but there must be some open act , which must be manifestly proved . as if divers do conspire the death of the king , and the manner how , and thereupon provide weapons , powder , poison , harness , send letters , or the like , for the execution of the conspiracy . if a man be arraigned upon an indictment of high treason , and stand mute [ that is , refuse to plead ] he is not to be pressed to death , but shall have the same judgment , and incurr such forfeiture , as if he had been convicted by verdict , or had confessed it . for this standeth well with this word [ provablement ] for fatetur facinus qui judicium fugit . but otherwise it is in case of petit treason , murder , or other felony . if a subject conspire with a forreign prince to invade the realm by open hostility , and prepare for the same by some overt act , this is a sufficient overt act for the death of the king. fourthly , the composition and connexion of the words are to be observed , viz. [ thereof be attainted by open deed ] this ( as was resolved by the justices in easter term of eliz. ) relateth to the several and distinct treasons before expressed ( and specially to the compassing and imagination of the death of the king , &c. for that is a secret in the heart ) and therefore one of them cannot be an overt act for another , as for example : a conspiracy is had to levy war , this ( as hath been said and so resolved ) is no treason by this act until it be levied , therefore it is no overt act , or manifest proof of the compassing the death of the king within this act ; for the words are [ de ceo , &c. thereof ] that is , of the compassing of the death . divers latter acts of parliament have ordained , that compassing by bare words or sayings , should be treason , but are all either repealed or expired ( except only that of the car. . herein after recited , which is only to be in force during the life of his present majesty , whom god preserve : ) and it was wont to be said , bare words may make an heretick , but not a traitor , without an overt act. and the wisdom of the makers of this law would not make words only to be treason , seeing such variance commonly amongst the witnesses is about the same , as few of them agree together . but if words be set down in writing by the delinquent himself , that is a sufficient overt act within this statute . in the preamble of the statute of mar. ( concerning the repeal of certain treasons declared after this statute of the . of edw. . and before that time , and bringing back all things to the measures of this statute ) it is agreed by the whole parliament , that laws justly made for the preservation of the common-wealth , without extream punishment , are more often obeyed and kept than laws and statutes made with great and extream punishments . and in special such laws and statutes so made , whereby not only the ignorant and rude unlearned people , but also learned and expert people minding honesty , are oftentimes trapped and snared , yea many times for words only , without other fact or deed done or perpetrated . therefore this act of edw. . doth provide that there must be an overt act. but words without any overt act , are to be punisht in another degree , as an high misprision . by people of their condition ] that is per pares , by their equals . . as to treason by levying war against the king , we must note , that thô conspiring or compassing to levy war , without a war de facto , be no treason , yet if many conspire a war , and only some few actually levy it , all are guilty of the treason . raising a force to burn or throw down a particular inclosure is only a riot , but if it had been to have gone from town to town to throw down all inclosures , or to change religion , or the like , it were levying of war , because the intended mischief is publick . holding a fort or castle against the kings forces , is levying of war. . as touching the interpretative treasons by killing the chancellor , treasurer , justice of one or the other bench , justice in eyre , or of assize , or oier and terminer . note , . this extends but only to the persons here named , not to the lord steward , constable , or marshal , or lords of parliament . secondly , it extends to those only during their office. thirdly , it extends only to killing , not wounding without death . but by the stat. h. . c. . compassing to kill the king or any of his council , is made felony . . counterfeiting the great or privy seal is treason ; but it must be an actual counterfeiting thereof , compassing to do it is no treason : affixing the great seal by the chancellor without warrant , is no treason : fixing a new great seal to another patent , is a great misprision , but no treason , being not a counterfeiting within this act : but aiders and consenters are within this act. the counterfeiting of the privy signet or sign manual , is no treason within this act , but made by the statute , . mar. c. . . treason concerning coin , is either counterfeiting the kings coin , and this was treason at common law , and judgment only as of pettit treason , but clipping , &c being made treason by subsequent statutes , the judgment is to be drawn , hang'd , and quarter'd . money here extends only to the proper money of this realm , but now by the . m. c. . forging or counterfeiting money made current by proclamation , is high treason , and by . eliz. c. . forging of forreign coin , not current here , is misprision of treason in the forgers , their aiders and abettors — and not that the bare forging of the kings coin , without uttering , is treason . the second offence concerning money , here declared to be treason , is , if any person bring into this realm counterfeit money : where note . . it must be counterfeit : . counterfeited to the similitude of english money : . it must be brought from a forreign realm , and therefore not from ireland : . it must be brought knowingly : . brought , and not barely uttered here . but by the statute de moneta , if false or clipt money be found in a persons hands , and he be suspitious , he may be arrested till he can clear himself : . he must merchandize therewith , that is make payment thereof . . as this statute leaves all other doubtful matters to be declared treason in parliame●t , but not to be punish'd as such till so declared . so in succeeding kings reigns abundance of other matters were declared treason , which being found very grievous and dangerous , by the statute of mar. cap. . it is enacted , that thenceforth no act , deed , or offence being by act of parliament , or statute , made treason , petty treason , or misprision of treason , by words , writing , ciphering , deeds , or otherwise however , shall be taken , had , deemed or adjudged to be high-treason , petty treason , or misprision of treason , but only such as be declared and expressed to be treason , petty treason , or misprision of treason , by this statute of the . edw. . . the offences made high treason by statutes since this first of mary , are as follow . refusing the oath of supremacy upon second tender , is treason by . eliz. cap. . but no corruption of blood , so likewise is extolling the power of the bishop of rome , a premunire , and the bringing in of bulls , or putting them in execution , or reconciling to the church of rome , is treason by the same statute . bringing in dei's is a premunire . . eliz. c. . also absolving subjects from their obedience , or reconciling them to the obedience of rome is treason , . eliz. cap. . so is it likewise for a priest coming into england , not submiting in two days . the like for english men in forreign seminaries . but besides these old treasons since the happy ret●uration of his majesty , the zealous regards his subjects in parliament had , for the safety of his sacred person and government , thought sit to prefer and make the statute following . anno regni car. . regis , decimo tertio . cap. i. an act for safety and preservation of his majesties person and government , against treasonable and soditious practises and attempts . the lords and commons assembled in parliament , deeply weighing and considering the miseries and calamities , of well high twenty years , before your majesties happy return , and with●l reflecting on the causes and occasions of so great and diplorable confusions , do in all humility and thankfulness acknowledge your majesties incomparable grace and goodness to your people , in your free and general pardon , indempnity and oblivion , by which roar majesty hath been pleased to deliver your subjects , not only from the punishment , but also from the reproach , of their former mi●carringes , which unexempted piety and clemency of your majestie hath enflamed the hearts of us your subjects with an ardent desire to express all possible zeal and duty in the care and preservation of your majesties person ( in whose honour and happiness consists the good and welfare of your people ) and in preventing ( as much as may be ) all treasonable and sedititious practises and attempts for the time to come . ( ) and because the growth and increase of the late troubles and disorders , did in a very great measure proceed from a multitude of seditious sermons , pamphlets and speeches , daily preached , printed and published with a transcendent boldness , defaming the person and government of your majesty and your royal father , wherein men were too much encouraged , and ( above all ) from a wilful mistake of the supream and lawful authority , whilst men were forward to cry up and maintain those orders and ordinances oaths and covenants , to be acts legal and warrantable , which in themselves had not the least colour of law or justice to support them , from which kind of distempers , as the present age is not wholly freed , so posterity may be apt to relapse into them , if a timely remedy be not provided . ( ) we therefore the lords and commons in parliament assembled , having duly considered the premisses , and remembring that in the thirteenth year of the reign of queen elizabeth of ever blessed memory , a right good and profitable law was made , for preservation of her majesties person , do most humbly beseech your most excellent majesty , that it may be enacted . ( ) and be it enacted by the kings most excellent majesty , by and with the advice and consent of the lords and commons in this present parliament assembled , and by authority of the same , that if any person or persons whatsoever , after the four and twentieth day of june , in the year of our lord one thousand six hundred sixty and one , during the natural life of our most gracious soveraign lord the king , ( whom god almighty preserve and bless , with a long and prosperous reign ) shall within the realm or without , compass , imagine , invent , devise , or intend death or destruction , or any bodily harm , tending to the death or destruction , maim , or wounding , imprisonment or restraint of the person of the same our soveraign lord the king. ( ) or to deprive or depose him from the style , honour , or kingly name of the imperial crown of this realm , or of any other his majesties dominions or countries . ( ) to levy war against his majesty within this realm or without . ( ) or to move or stir any forraigner , and strangers with force to invade this realm , or any other his majesties dominions or countries , being under his majesties obeysance . ( . ) and such compassings , imaginations , inventions , devices or intentions , or any of them , shall express , utter or declare by any printing , writing , preaching , or malicious and advised speaking , being lawfully convicted thereof , upon the oaths of two lawful and credible witnesses , upon tryal , or otherwise convicted or attainted by due course of law , then every such person and persons so as aforesaid offending shall be deemed , declared and adjudged to be traytors , and shall suffer pains of death , and also lose and forfeit as in cases of high treason . . and be it further enacted by the authority aforesaid , that if any person or persons at any time after the four and twentieth day of june , in the year of our lord , one thousand six hundred sixty and one , during his majesties life , shall malitiously and advisedly publish or affirm the king to be an heretick or papist , or that he endeavourr to introduce popery . ( . ) or shall malitiously and advisedly by printing , writing , preaching , or other speaking , express , publish , vtter or declare any words , sentences , or other thing or things to incite or stir up the people to hatred or dislike of the person of his majesty , or the established government , ( ) then every such person and persons , being thereof legally convicted , shall be disabled to have or enjoy , and is hereby disabled , and made incapable of having , holding , enjoying , or exercising any place , office , or promotion ecclesiastical , civil or military , or any other imployment in church and stateother than that of his peerage , and shall likewise , be liable to such further and other punishments , as by the common laws , or statutes of this realm , may be inflicted in such cases . ( ) and to the end that no man hereafter may he misled into any seditious or vnquiet demeanour , out of an opinion that the parliament b-gun and held at westminster , upon the third day of november , in the year of our lord , one , thousand six hundred and forty , is yet in being , which is undoubtedly dissolved and determined , and so is hereby declared and adjudged to be fully dissolved and determined . ( ) or out of an opinion that there lies any obligation upon him from any oath , covenant or engagement whatsoever , to endeavour a change of government , either in church or state. ( ) or out of an opinion , that both houses of parliament , or either of them , have a legislative power without the king. ( ) all which assertions have been seditiously maintained in some pamphlets lately printed , and are dayly promoted by the active enemies of our peace and happiness . . be it therefore further enacted by the authority aforesaid , that if any person or persons at any time after the four and twentieth day of june , in the year of our lord. one thousand six hundred sixty and one , shall maliciously and advisedly , by writing , printing , preaching or other speaking , express , publish , vtter , declare , or affirm , that the parliament begun at westminster upon the third day of november , in the year of our lord , one thousand six hundred and forty , is not yet dissolved , or is not determined , or that it ought to be in being , or hath yet any continuance or existence . ( ) or that there lies any obligation on him , or any other person from any oath , covenant or engagement whatsoever , to endeavour a change of government , either in church or state. ( ) or that both houses of parliament , or either house of parliament , have or hath a legislative power without the king , or any other words to the same effect . ( ) that then every such person and persons so as aforesaid offending shall incurr the danger and penalty of a premunire mentioned in a statute made in the sixteenth year of the reign of king richard the second . ( ) and it is hereby also declared , that the oath usually called the solemn league and covenant , was in it self an unlawful oath , and imposed upon the subjects of this realm , against the fundamenaal laws and liberties of this kingdom . ( ) and that all orders and ordinances , or pretended orders and ordinances of both or either houses of parliament , for imposing of oaths , covenants or engagements , levying of taxes , or raising of forees and arms , to which the royal assent , either in person or by commission , was not expresly had or given , were in the first creation and making , and still are , and so shall be taken to be null and void to all intents and purposes whatsoever . ( ) provided never theless , that all and every person and persons , bodies politick and corporate , who have been , or shall at any time hereafter be questioned for any thing acted or done by colour if any the orders or ordinances herein before mentioned and declared to be null and void , and are indempnified by an act , intituled , an act of free and general pardon , indempnity and oblivion , made in the twelfth year of his majesties reign that now is , or shall be indemnified by any act of parliament , shall and may make such use of the said orders and ordinances for their indemnity according to the true intent and meaning of the said act , and no other , as he or they might have done , if this act had not been made ; any thing in this act contained notwithstanding . . provided always , that no person be prosecuted for any of the offences in this act mentioned ( other than such as are made and declared to be high treason ) unless it be by order of the kings majesty , his heirs or successors , under his or their sign manual , or by order of the council table of his majest , his heirs of successors , directed unto the attorney general for the time being , or some other of the council learned to his majesty , his heirs or successors , for the time being . ( ) nor shall any person or persons by vertue of this present act incur any the penalties herein before mentioned , unless he or they be prosecuted within six months next after the offence committed , and indicted thereupon within three months after such prosecution ; any thing herein contained to the contrary notwithstanding . . provided always , and be it enacted , that no person or persons shall be indicted , arraigned , condemned , convicted or attainted for any of the treasons or offences aforesaid , unless the same offender or offenders be thereof accused by the testimony and disposition of two lawful and credible witnesses upon oath . ( ) which witnesses at the time of the said offender or offenders arraignment , shall be brought in person before him or them face to face , and shall openly avow and maintain upon oath , what they have to say against him or them , concerning the treason or offences contained in the said indictment , unless the party or parties arraigned shall willingly without violence confess the ame . . provided likewise and be it enacted , that this act , or any thing therein contained , shall not extend to deprive either of the houses of parliament , or any of their members , of their just antint freedom , and priviledge of debating any matters or business which shall be propounded or debated in either of the said houses , or at any conferences or committees of both or either of the said houses of parliament , or touching the repeal or alteration of any old , or preparing any new laws , or the regressing of any publick grievance ; but that the said members of either of the said houses , and the assistants of the house of peers and every of them , shall have the same freedom of speech , and all other privledges whatsoever , as they had before the making of this act ; any thing in this act to the contrary thereof in any wise notwithstanding . . provided always , and be it ordained and enacted , that no peer of this realm shall be tryed for any offences against this act , but by his peers ; ( . ) and further , that every peer who shall be convicted of any offence against this act , after such conviction , be disabled during his life , to sit in parliament , unless his majesty shall graciously be pleased to pardon him ? ( ) and if his majesty shall grant his pardon to any peer of this realm , or commoner convicted of any offence against this act , after such pardon granted , the peer or commoner so pardoned shall be restored to all intents and purposes as if he had never been convicted , any thing in this law to the contrary in any wise uotwithstanding . notes though the wisdom of our legislators is not generally for bringing words within the compass of treason , yet upon emergent occasions it has been done , but then with a temporary limitation , as by the statute . eliz. here referred unto , during the life of that queen ; in imitation whereof this present act is made to remain in force during only the life of our present soveraign king charles the second , and the reasons for making this temporary law are assigned in the preamble . this statute makes three sorts of offences . some high treason ; some that disable and in capacitate from holding any place or office ; and some that are punishable by premunire . as to the first , 't is hereby declared to be high treason during the life of his present majesty , . within or without the realm to compass or in tend the death , destruction , maim , wounding imprisonment or restraint of the king. . or to deprive or depose him , or levy war against him , within the realm or without , to stir up forreigners to invade the realm . if such compassings or intentions be expressed , uttered or declared by any printing , writing , preaching , or malitious and advised speaking . being legally convicted thereof upon the oaths of two lawful and credible witnesses : [ by which words , the statute seems to injoin and require some more than ordinary scrutiny into the credit of the witnesses , for otherwise legal had been enough ( and so is every man not convict of perjury ) but witnesses in this case must not be only legal but credible , not infamous , scandalous , or suspected ] as to the second , maliciously and advisedly to publish or affirm during his present majesties life , that the king is an — heretick — or — a papist — or that he endeavours to introduce popery . or maliciously and advisedly by writing printing , preaching , or speaking to utter , express or declare any words , sentences or thing , to stir up the people to hatred or dislike of the person of his majesty or the establisht government . whoever is legally convicted of any of these crimes shall be disabled to hold any place , office , or promotion , ecclesiastical , civil or military . and besides be liable to such punishments as by the common laws or statutes may be inflicted . as to the third , to declare publish , or affirm , first , that the old long parliament of is not dissolved , or ought to be in being . secondly , that there lies any obligation on ones-self , or any other person from any oath , covenant , or engagement , to endeavour a change of government either in church or state. thirdly , that either or both houses of parliament have a legislative power without the king , or any other words to the same effect . the person so offending shall incur the penalty of a premunire , which by the statute of rich. cap. . here referr'd unto , is this , viz. to be put out of the kings protection , their lands and tenements , goods and chattels , forfeited to the king , and their bodies to be seized , &c. but in this act of the caroli , there are these proviso's . . as for the two last sorts of offences that are not treason , none shall be prosecuted but by order of the king , under his sign manual or of the privy council . . as for the crimes made treasons , none shall be indicted or convicted unless they be accvsed by two lawfull and credible witnesses , touching the addition of the word credible to lawfull , ( which is here again repeated ) we have spoken before ; but must here further observe , . that by these express words , this statute provides that no man shall be indicted [ that is , have a bill found against him ] upon this statute for treason , unless he be accused , [ that is , unless the matter be sworn against him before the grand jury ] by two not only lawful , but credible witnesses , for the words are not only , he shall not be convicted [ which is the work of the petty jury , or jury of life and death , as 't is commonly called , ] but he shall not be indicted [ which is the business of the grand jury ] and therefore grand-juries besides their general and ordinary right and power by law , have when any person is indicted upon this statute , a special right and direction from the act it self to examine and be well satisfied in the credibility of the witnesses ; which if duly considered , would perhaps much mitigate the clamours lately raised against some juries for their returning some bills before them ignoramus , though the matters therein were roundly sworn unto by legal , but probably in their esteem and judgment , as they were upon their oaths , not sufficiently credible witnesses ; especially when their stories were no less incredible than their persons . secondly , note that as a person cannot be convicted or indicted , so neither can he be so much as committed for any offence made treason by this act , by or upon the oaths of any single witness , though there should be never so much presumption that more may come in against him before he be brought to trial , for the words are — vnless he be thereof accused by the testimony and deposition of two lawful and credible witnesses , which witnesses at his arraignment shall be brought before him face to face , &c. so that 't is evidently intended the original accusation before the justice or magistrate that shall commit the person must be by two such witnesses , and that the same two witnesses ( and not others , leaving them that first charged him out , though yet others no doubt may be added to them ) must give evidence to the grand jury , and at ●is trial. . there is in this act a third proviso , that no person shall incur any the penalties in this act mentioned unless , . he be prosecuted , [ that is charged before a magistrate , or committed ] within six months after the offence committed . secondly , and unless he be indicted thereupon within three months after such prosecution . so that if in either of these respects the time be elapsed , the grand jury ought not to find the bill . . provided , this act shall not infringe the priviledges or freedom of debates in either of the houses of parliament , or any committee of them . . that a peer shall be tryed for any offence against this act by his peers , but if convicted , shall be disabled to sit in parliament during life . and thus much for what is treason at this day . by the statute of and phil. and mar. cap . all trials for treason shall be only according to the course of the common law. and though the greater part of that statute , being temporary , be expired , yet this clause is still in force . the judgment in all cases of high treason , except for counterfeiting coin ( for a man ) is , that he shall be drawn on an hurdle or sledge to the place of execution and there be hanged by the neck , to be cut down being yet alive , his privy members cut off , his bowels ript up , taken out , and burnt before his face , his headsevered from his body , his body divided into four quarters , which are to be disposed of as the king shall order — but for counterfeiting coin , only drawn and hanged . and in both cases for a woman ( for modesty sake ) it is only that she shall be burnt . the reasons or signification of this horrid judgment on a man for treason , are thus by some rendred and interpreted . . he is drawn on a sledg or hurdle on the ground in the dirt , to shew that his pride is brought down , for treason commonly springs from ambition . . on this hurdle he is drawn backward , to shew that his actings have been contrary to order , unnatural and preposterous . . he is hanged between heaven and earth , as unworthy of either . . he is cut down yet alive , and his privities cut off , to shew that he was unfit to propagate any posterity . . his head is severed from his body , because his mischevious brain contrived the treason . . his body is divided , to shew that all his machinations and devices are torn to pieces , and brought to nought ; and into four parts , that they may be scattered towards the four quarters of the world. heading being part of the judgment in treason , the king commonly to persons of quality pardons all the rest , of the sentence , and so they are only beheaded . but if a person be attainted of murder or any other felony , if he be beheaded , 't is no execution of the judgment , because there the judgment always is , that he be hanged till he be dead , which cannot be altered . so that had count conning smark lately been convicted and condemned for the murder of esquire thynn , all his guinies or his friends could not have preserved him from the gallows , unless they could have got an intire pardon . any person being indicted for treason may challenge [ that is except against or refuse ] five and thirty jurors , peremptorily [ that is , for his pleasure , or for reasons best known to himself , and without assigning any cause to the court. but if he challenge more , that is above three full juries , he forseits his goods , and judgment of peinfort & dure , [ that is of being pressed to death ] shall pass upon him as one that refuseth the trial of the law. in cases of murder and felony a man cannot challenge peremptorily above the number of twenty ; but with cause he may except against more . and this is by the stat. of . h. . cap. . and certainly since the law of england , which is a law of mercy , does in favour of life , not only order a man to be tryed by a jury of his country and equals , but also allows him to refuse , and have liberty of excepting against so many of those as shall be impanelled for that purpose ; it cannot be supposed that the same law ever intended that the prisoner should be denyed a copy of the pannel of his jury , that so by the information of his friends or otherwise , he may know their qualities , circumstances and inchnations ; for how else shall he know whom to challenge peremptorily , and whom to challenge with cause ; to allow a man such liberty of challenge , and give him no opportunity of such inquiry , is but to mock the prisoner , to whom possibly the whole jury by face and name may be utter strangers ; and sure the wisdom of our laws never thought every prisoner so skilled in metoposcopy , that meerly by looking on a parcel of men he could tell which of them were indifferent , and which biassed against him . another statute of king edward the third . anno . edw. . cap. . in what cases only pardon of felony shall be granted , &c. item , whereas offendors have been greatly encouraged , because the charters of pardon have been so easily granted in times past of man-slaughters , roberies , felonies , and other trespasses against the peace , ( ) it is ordained and enacted that such charters shall not be granted , but only where the king may do it by his oath , that is to say , where a man slayeth another in his own defence , or by misfortune . ( ) and also they have been encouraged because that the justices of the goal-delivery , and of oyer and terminer , have been procured by great men , against the form of the statute made in the th year of the reign of king edward , grandfather to our lord the king that now is , wherein is contained that justices assigned to take assizes , if they be lay-men , shall make deliverance , and if the one be a clerk , and the other a lay-man , that the lay-judge with another of the countrey associate to him , shall deliver the goals . ( ) wherefore it is enacted , that justices shall not be made against the form of the said statute ; ( ) and that the assizes , attaints , and certifications be taken before the justices , commonly assigned , which should be good men and lawful , having knowledg of the law , and none other , after the form if another statute made in the time of the said king edward the first . ( ) and that the oyers and terminers shall not be granted , but before the justices of the one bench or the other , or the justices errants , and that great hurt , or horrible trespasses , and of the kings special grace , after the form of the s●atute thereof ordained in time of the said grandfather , and none otherwise . the comment . touching this statute and several others to the same purpose , as . edw. . cap. . and . edw. . cap. . and . r. . cap. . and . r. cap. . &c. we shall only give you the words of cook in the third part of his instit . fo . . what things the king may pardon , and in what manner , and what he cannot pardon , falleth now to be treated of . in case of death of man , robberies and felonies against the peace , divers acts of parliament have restrained the power of granting charters of pardons ; first , that no such charters shall be granted , but in case where the king may do it by his oath ; secondly , that no man shall obtain charters out of parliament , stat. . edw , . cap . and accordingly in a parliament roll it is said , [ for the peace of the land it would much help , if good justices were appointed in every county , if such as be let to mainprize do put in good sureties , as esquires or gentlemen : and that no pardon were granted but by parliament ] thirdly , for that the king hath granted pardons of felonies upon false suggestions , it is provided , that every charter of felony which shall be granted at the suggestion of any , the name of him that maketh the suggestion shall be comprised in the charter , and if the suggestion be found untrue , the charter shall be disallowed . and the like provision is made by the statute of . h. . cap . for the pardon of an approver . fourthly , it is provided that no charter of pardon for murder , treason , or rape , shall be allowed , &c. if they be not specified in the same charter . statute . r , . before this statute of . r , . by the pardon of all felonies , treason was pardoned , and so was murder , &c. at this day by the pardon of all felonies , the death of man is , not pardoned . these be excellent laws for direction , and for the peace of the realm . but it hath been conceived , ( which we will not question ) that the king may dispence with these laws by a non obstante , [ notwithstanding , ] be it general or special ( albeit we find not any such clauses of non obstante , notwithstanding , to dispense with any of these statutes , ( but of late times ) these statutes are excellent instructions for a religious and prudent king to follow , for in these cases , vt summae potestatis regiae est posse quantum velit , sic magnitudinis est velle quantum possit , [ as it is the highest kingly power to be able to act what he wills , so it is his greatness and nobleness to will only what he lawfully can . ] hereof you may read more in justice standford , lib. . cap. . in diverse places of that chapter , of his grave advice in that behalf . most certain it is , that the word of god has set down this undisputable general rule , quia non profetur cito contra malos sententia , filii hominum sine timore ullo perpetrant , [ because sentence against evil men is not speedily executed , therefore the hearts of the children of men are set in them to do evil ] and thereupon the rule of law is grounded . spes impunitatis continuum affectum tribuit delinquendi , [ the hope of impunity encourageth offenders ] et veniae facilitas incentivum est delinquendi , and the facility of obtaining pardon is an incentive to commit offences ] this is to be added , that the intention of the said act of . r. . was not that the king should grant a pardon of murder by express name in the charter , but because the whole parliament conceived , that he would neuer pardon murder by special name for the causes aforesaid , therefore that provision made , which was ( as in other cases i have observed ) grounded upon the law of god , quicunque effuderit humanum sanguinem , fundetur sanguis illius ; ad imaginem quippe dei creatus est homo nec aliter expiati potest , nisi per ejus sanguinem , qui alterius sanguinem effuderit , [ whosoever shall shed mans blood , by man also shall his blood be shed , because man was created after the image of god , neither can it be expiated otherwise then by his blood , who spilt the blood of another . ] and the words of every pardon is after the recital of the offence , nos pietate moti , &c. we being moved with piety , &c. but it can be no piety to violate an express law of god , by letting murder scape unpunisht . thus coke , whereby we see what opinion he had of such pardons . a brief digression concerning the nature of appeals . this discourse of pardons puts us in mind of another kind of legal prosecution called an appeal : of which it may be very convenient to give the reader some brief account . you must know then for several offences , for which a man deserveth death , and particularly for murder , there are two ways to bring him to answer for the same , one by indictment , which is at the kings suit , and the other by appeal , which is at the suit of a party which is wronged or injured by the murder : as a woman whose husband , or a child , or brother , whose father or brother is killed . now upon an indictment , if the offender be found guilty , because it s to be at the suit of the king , it has been said by some , may be and too often a pardon , has been obtained ( tho even that too be against law , as appears by the premisses ) but in an appeal all agree , the king can grant no pardon , nay if a person be tryed by indictment , and acquitted , or convicted and get a pardon , yet an appeal may be brought , and if he be thereupon convicted , notwithstanding such his former acquital , or pardon , he must be hanged . the word appeal is derived from the french verb appeller , to call , because he or she that brings it , calls the defendant to judgment ; but the meaning thereof is all one with an accusation , and is peculiarly in legal signification applyed to appeals of three sorts ; first an appeal brought by an heir male for some wrong done to his ancestor whose heir he is . secondly , of wrong done to an husband , and is by the wife only , if it be for the death of her husband , to be prosecuted . the third is of wrongs done to the appellants themselvess as for robbery , rape , or maim coke . instit . sect. . note that this appeal must be brought within a year and a day after the murder is committed . for afterwards it cannot be brought at all . and antiently it was customary not to bring an indictment for the king , till after the year and the day , waiting in the mean time for the prosecution of the party , but this was found very inconvenient , for the party was frequently compounded with , and at the years end the business was forgot , and so offenders escaped justice . and therefore the same was altered by the statute . hen. . cap. . whereby it is enacted , that the coroner shall do his office , and the offenders may be arraigned at any time within the year , at the kings suit , but if acquitted , yet the party within the year and day should have liberty to bring an appeal against such person , either acquitted or attainted , if the benefit of the clergy be not before thereof had . and in order thereunto that when any person happened to be acquitted for the death of a man , within the year , the justices before whom he is acquitted , shall not suffer him to go at large , but either to remit him again to the prison , or else to let him to bail after their discretion , till that the day and the year be passed , that so he may be forth coming to answer an appeal , if it shall happen to be brought . thus that statute ; as to the latter clause whereof , you see the judges have power in case of acquittal to keep the party in prison still , till the day and year be over . or else to admit him to bail ; and tho this be left to their discretion , yet it must not be such a discretion , as confounds all discretion : but they must weigh the circumstances , and go according to law and judgment ; and certainly the law intended such bail , if any be accepted , should be bound body for body , for otherwise it seems no security . and therefore many wise men wondered the other day when count conning smark was acquitted on the indictment for the barbarous murder of esquire thynn , that he was suffered to go so soon abroad , for being a stranger , he was never like to come again into enggland , and being so rich , what values he to discharge the forfeitures of his sureties recognizances , which likewise may be easily compounded . at most , the forfeieure is to the king , and what is it that to the next heir or kinsman ? he is by this means outed of his legal remedy to revenge the blood of his near and dear relation — sed haec obiter . the form of an appeal of murder . i c. hic instanter appellat w. e. &c. ( in english thus ) i here instantly appeals w. f. of the death of his brother h. c. for that whereas the aforesaid h. was in the peace of god , and the king , at tonbridge in the county of rent , the twenty eighth day of march , in the thirty fourth year of the reign of our lord charles the second , &c. at seven a clock in the evening of the same day , cama the said w. f. as a felon , of our lord the king in a premeditated assault , with force and arms , &c. and upon him the said h. c. then and there felonionsly an assault did make , and with a certain sword , of the price of twelve pence , which he then and there in his right hand did hold , the aforesaid h. upon his head did strike , and one mortal wound of two inches long in forepart of his head , even unto the brain to the said h. did then and there feloniously give ; of which said wound the said h for three days then next following did languish , and then , viz. the [ such a ] day of [ such a month , ] he there died , [ or if the case be so , instantly died ] and so the said w. h. as a felon of our lord the king , the aforesaid h. feloniously did kill and murder , against the peace of our said lord the king his crown and dignity : and that this he did wickedly , and as a felon against the peace of god , and our lord the king the aforesaid osters that the same be detained as the court of our lord the king shall think meet . diversity of courts and jurisdictions , written in the time of king hen. . . note , that a women cannot now bring an appeal for the death of any other ancestors , being baried there from by magna charta , cap. . whereas ( as you have heard ) it is provided that none shall be taken or imprisoned upon the appeal of any woman for the death of any person , but only of her husband . but she may at this day bring an appeal of robbery , &c. for wherein she is not by that statute restrained . coke d . instit . fol. . . the women that brings an appeal for the death of her husband , must be his wife not only de facto but de jure , not only called and reputed , or cohabiting with him , but actually and legally married to him ; and of such a wife the antient-law-books , speaks , de morte viri inter brachia sua interfecti , the husband is killed within her arms. that is whilst he was legally in her possession ; but that the appellant and the person killed , were not ever lawfully coupled in matrimony , is a good plea in an appeal . . this right of appeal for the death of her husband is annexed to her widdow-hood , as her quarentine is , and therefore if the wife of the dead marry again , her appeal is gone , even altho the second husband should die within the year & day after the murder of the first : for she must all the while before the appeal be brought , continue faemini viri sui , his widdow , upon whose death the appeal is brought : furthermore if she bring the appeal during her widdow-hood , and take a husband whilst it is depending , the appeal shall abate ( that is be out of doors ) for ever , nay , if on her appeal she hath judgment against the defendant , if afterwards she take an husband before the defendant be hanged , she can never have execution of death against him . . by the statute of glocest. made in the sixth year of king edw. . cap. . it is enacted that if an appeal set forth the deed , the year , the day , the hour , the reign of the king , and the town where the deed was done , and with what weapon the party was slain , the appeal shall stand in effect , and shall not be abated for default of fresh suit , if the party shall sue within the year and the day after the deed done . as for the year and day here mentioned , it is to be acconnted for the whole year according to the calendar , and not for twelve months , at twenty eight days to the month. so likewise the day intended is a natural day . and this year and day must be accounted after the felony and murder committed . now if a man be mortally wounded , on the first day of may , and thereof languishes to the first day of june , and then dies ; the question here arises whether the year and the day allowed for bringing the appeal is to be reckoned from the giving the wound , or the time of death . some have held the former : for that the death ensuing , hath relation to it , and that is the cause of the death , and the offender did nothing the day of the death . but the truth is , the year and day shall be accounted only from the first of june , the day of the death ; for before that time no felony was committed : and thus it hath often been resolved and adjudged , and the reason abovesaid grounded upon relation ( which is a fiction in law ) holdeth not in this case . coke . ingit . fol. . . if an appeal of murder be brought , and depending the suit , and after the year and day is elapsed , one become accessary to the murder , the plaintiff shall have an appeal against him after the year and day past after the death , but it must be brought within the year and day after this new felony as accessary . . if a man be indicted for murder and convicted only of man-slaughter , and have the benefit of his clergy it seems the wife and heir cannot afterwards bring their appeal . touching which the lord cook instit . fo. . cites a case in these words : thomas burghe , brother and heir of henry burghe brought an appeal of murder against thomas holcroft , of the death of the said henry : the defendant pleaded , that before the coroner , he was indicted of man-slaughter , and before commissioners of oyer and terminer , he was upon that indictment arraigned , and confessed the indictment , and prayed his clergy , and thereupon was entred curia advisare vult , the court will consider ; whereupon he demanded judgment , whether the plaintiffe ought to maintain that appeal he had brought . to which the plaintiffe demurred in law. and in this case three points were adjudged by sir christopher wray , sir thomas gawdy and the whole court. first , that the matter of the bar had been a good bar of the appeal by the common law , as well as if the clergy had been allowed : for that the defendant , upon his confession of the indictment had prayed his clergy , which the court ought to have granted , and the deferring of the court to be advised , ought not to prejudice the party desendant , albeit the appeal was commenced before the allowance of it . the second point adjudged was , that this case was out of the statute of hen. . for that the words of that act are , if it fortune that the same felons and murderers , and accessaries so arraigned , or any of them , to be acquitted , or the principal of the said felony , or any of them to be attainted , the wife or next heir of him so slain , &c. may have their appeal of the same death and murder against the person so acquitted , or against the said principals so attainted , if they be alive , and that the benefit of his clergy thereof before be not had . and in this the defendant holcroft , was neither acquitted nor attainted , but convicted by confession , and the benefit of the clergy only prayed , as is aforesaid , so as the statute being penal concerning the life of man , and made in restraint of the common law , was not to be taken by equity , but is casus omissus , a case omitted , and left to the common law. as to the third , is was objected , that every plea ought to have an apt conclusion , and that the conclusion in this case ought to have been , et petit judicium si praediit thomas holcroft iterum de eadem morte , de qua semel convictus fuit , respondere compelli debeat . and he does ask judgment if the above mentione thomas holcroft shall be obliged to answer againe for the same death , he was once convicted of ] but it was adjudged that either of both conclusions was sufficient in law : and therefore that exception was disallowed by the rule of the court. note , the ancient law was , that when a man had judgment to be hanged in an appeal of death , that the wife , and all the blood of the party slain should draw the defendant to execution , and gascoigne said , issint fuit in diebus nostris , so it was done in our days . and thus much occasionally about appeals , which we the rather inserted because the practice thereof ( through i know not whose negligence ) has been almost lost or forgot ; till some few years ago a woman in southwark revived it against one that killed her husband and got a pardon for it , but she prosecuted him on appeal , had judgment against him , and he was executed , since which time the same course has been frequently talkt of , and brought , but for the most part ( to the shame i think of those women or children who make such compositions for their husbands or fathers blood ) they have been by some secret bargains or compensations husht up , and seldom effectually followed . two other statutes of king edw. . anno . edw. . cap. . a parliament shall be holden once every year . item , it is accorded that a parliament shall be holden every year once , and more often , if need be . anno . edw. . cap. . a parliament shall be holden once in the year . item , for maintenance of the said articles and statutes , and redress of dibers mischiefs and grievances , which daily happen , a parliament shall be holden every year , as another time was ordained by statute . the comment . before the conquest ( as the victory of duke william of normandy over harold the usurper , is commonly , though very improperly called ) parliaments were to be held twice every year , as appears by the laws of king edgar , cap. . and the testimony of the mirrour of justices , cap. . sect . . for the estates of the realm . king alfred caused the committees ( some english translations of that ancient book read , earls , but the word seems rather to signifie commissioners , trustees , or representatives ) to meet , and ordained for a perpetual usage , that twice in the year , or ostner , if need were , in time of peace they should assemble at london , to speak their minds for the guiding of the people of god , how they should keep themselves from offences , live in quiet and have right done them by certain vsages and sound judgments . king edward the first ( says cook , . instit . fol. . ) kept a parliament once every two years for the most part : and now in this king edward the thirds time ( one of the wisest and most glorious of all our kings ) it was thought fit to enact by these two several statutes , that a parliament should be held once at least every year , which two statutes are to this day in full force : for they are not repealed , but rather confirmed by the statute made in the th of our present soveraign , king charles the second , cap. . intituled , an act for the assembling and holding of parliaments once in three years at the least : the words of which are as follow . because by the ancient laws and statutes of this realm , made in the reign of king edward the third , parliaments are to be held very often , your majesties humble and loyal subjects , the lords spiritual and temporal , and the commons in this present parliament assembled , most humbly do beseech your most excellent majesty , that it may be declared and enacted , ( ) and be it declared and enacted by the authority aforesaid , that hereafter the sitting and holding of parliaments shall not be intermitted or discontinued above three years at the most ; but that within three years from and after the determination of this present parliament , so from time to time within three years after the determination of and other parliament or parliaments , or if there be occasion , more or oftner , your majesty , your heirs and successors , do issue out your writs for calling , assembling and holding of another parliament , to the end there may be a frequent calling , assembling and holding of parliaments once in three years at the least . agreeable to these good and wholsome laws are those gracious expressions and promises in his majesties proclamation touching the causes and reasons of dissolving the two last parliaments , dated april . . irregularities in parliament shall never make us out of love with parliaments , which we look upon as the best method for healing the distempers of the kingdom , and the only means to preserve the monarchy in that due credit and respect which it ought to have both at home and abroad . and for this cause we are resolved by the blessing of god to have frequent parliaments ; and both in and out of parliament to use our utmost endeavours to extirpate popery , and to redress all the grievances of our good subjects , and in all things to govern according to the laws of the kingdom . a digression touching the antiquity , vse , and power of parliaments , and the qualification of such gentlemen as are fit to be chosen the peoples representatives . the recital of these several laws for frequent calling of parliaments , declaring the same to be of such importance or necessity to the safety and wel-being of the nation , invites us to give the vulgar reader some further information touching those most honourable assemblies , which though a digression will i hope be no transgression , for i am willing at any time to go a little out of my way , provided i may thereby meet with the readers profit and advantage . of the names and antiquity of parliaments . the word parliament is french , derived from the three words parler la ment , to speak ones mind , because every member of that court should sincerely and discreetly speak his mind for the general good of the common-wealth , and this name ( saith cook. instit . fo . . ) was used before william the conquerer , even in the time of edward the confessor . but most commonly in the saxons time , it was called michegemote or witenage mote , that is , the great mote [ meeting or assembly , whence our ward-mootes in london receive their name to this day ] or the wise-moote , that is , the assembly of the wise men and sages of the land. but this word parliament is used in a double sense . . strictly , as it includes the legislative power of england , as when we say — an act of parliament ; and in this acceptation , it necessarily includes the king , the lords , and the commons , each of which have a negative voice in making laws , and without their joint consent no new laws can pass , that be obligatory to the subject . . vulgarly , the word is used for the two houses , the lords and commons , as when we say , the king will call a parliament , his majesty has dissolved his parliament , &c. the lords of parliament are divided into two sorts , viz. spiritual , that is to say the bishops ( who sit there in respect of their baronies ) parcel of their bishopricks which they hold in their politick capacity , and temporal . the commons are likewise divided into three classes or parts , viz , knights or representatives of the shires or counties ; where note , that though the writ require two knights to be chosen , and that they are called knights , yet there is no necessity that they should actually have the degree of knighthood , provided they be but gentlemen ; for the statute hen. . cap : : hath these words , that the knights of the shires for the parliament hereafter to be chosen , shall be not able knights of the same counties for which they shall be chosen , or otherwise such notable esquires or gentlemen born of the same counties , as shall be able to be knights , and no man to be such knight which standeth in the degree of a yeoman and under . secondly , citizens chosen to represent cities . thirdly , burgesses , that is to say , those that are chosen out of boroughs . note , that the difference between a city and a borough is this , a city is a borough incorporate , which is or has within time of memory been an episcopal see , or had a bishop ; and this ( althô the bishoprick be dissolved , as west minster having heretofore a bishop , though none now ) still remains a city . cook . instit . sect . boroughs are towns incorporated , but such as never had any bishops . of the three estates in parliament . there has been a great debate about the three estates , some zealously pleading , that the bishops are one of the three estates of the realm , and the lords temporal a second , and the commons-house the third , and the king over all as a transcendent by himself . others as stifly deny this , and assign the king ( as he his the head of the common wealth ) to be the first estate , the lords , as well spiritual as temporal jointly , to be the second ; and the commons-house the third . non opis est nostrae tant as componere lites . we shall not presume to undertake a decision of this arduous controversy , but in our poor opinion the matter seems to appear more difficult than really it is , by means that the contending parties do not first plainly set down what it is they severally mean by the word estate . which may be taken , . for a rank , degree , or condition of persons considered by themselves , different in some notable respects from others wherewith they may be compared . and in this respect my lords the bishops may very properly be said to be an estate , or one of the estates of the realm , for then there will be several estates , above the number of three , for so in the house of commons there may be said to be three estates , viz. knights , citizens and burgesses . and heretofore in the days of popery , when there were abbots and priors , that held per baroniam too , as well as the bishops , called to the parliament , and sat in the lords house , [ see fullers church history , lib. . . ] whether they being religious and monastical persons , whereas the bishops were seculars ( no small difference in their account ) might not as well claim to be a distinct estate by themselves , as now the bishops do , may be a question . but secondly , when we spake of three estates in the constitution of our english government , 't is most natural to mean and intend such a poize in the ballance , or such an order or state , as hath a negative voice in the legislative power : for as the king and commons excluding the lords , so neither the king and lords excluding the commons ; much less the lords and commons excluding the king , can make any law ; but this glorious triplicity must be in mutual conjunction , and then from their united influences spring our happy laws . but in this sence the lords spiritual by themselves have no pretence to be a distinct estate : that is , they have by themselves no negative voice , ( which i conceive the proper characteristick or essential mark of each of the three estates ; ) for suppose a bill pass the commons , and being brought into the lords house , all the bishops should be against it , and some of the temporal lords , yet if the other temporal lords be more in number than the bishops , and those that side with them , the bill shall pass as the act of the whole house ; and if his majesty please to give it his royal assent , is undoubted law. which demonstrates the bishops have of themselves no negative voice , and consequently are none of the three estates of the realm . but if any will have them called an estate and mean something else be it , if he please to explain his notion , 't is like i shall not contend with him about a fiddle faddle word . touching the power of the parliament the jurisdiction of this court ( saith cook , instit . sect. . ) is so transcendent that it maketh , inlargeth , diminisheth , abrogateth , repealeth , and reviveth laws , statutes , acts and ordinances concerning matters ecclesiastical , civil , martial , marine , capital , criminal and common . and instit . fol. . the power and jurisdiction of the parliament for making of laws , in proceeding by bill , is so transcendent and absolute as it cannot be confined either for causes or persons within any bounds . of this court it is truely said — si antiquitatem spectes est vetustissima , si dignitatem , est honoratissima , si jurisdictionem , est capacissima ; if you regard its original , it is most antient ; if its dignity , it is most honourable ; if its jurisdiction , it is most capacious . sir thomas smith a great statesman , and in high esteem and place under queen elizabeth , in his treatise , de republica anglorum , l. . ca. . gives this character of this supream court — in commitiis parliamentariis , posita est omnis augustae , absolutaeque potestatis vis , veteres leges jubent esse irritas , novas inducunt ; presentibus juxta ac futuris modum constituunt ; jura & possessiones hominum privatorum commutant , spurios natalibus restituunt , cultum divinum sanctionibus corroborant ; pondera & mensuras variant ; jus in regno svccedendi prescribvnt , &c. the most high and absolute power of the realm of england , consisteth in the parliament ; for the parliament abrogateth old laws , maketh new , giveth order for things past , and for things hereafter to be followed , changeth the rights and possessions of private men ; legitimateth bastards , corroborates religion with civil sanctions , alters weights and measures ; prescribes the right of svccession to the crown , defines doubtfull rights where there is no law already made , appointeth subsidies , taxes and impositions , giveth most free pardons , restoreth in blood and name , &c. as for the power of parliaments over both statute and common law , take it in the accurate and significant words of a parliament , viz. the statute , of hen. . ca. , as follows , — whereas this realm recognizing no superiour under god , but the king , hath been and is free from subjection to any mans laws but only to such as have been devised , made , and ordained within this realm , for the wealth thereof , or to such other as the people of this realm have taken at their free liberty by their own consent to be used amongst them , and have bound themselves by long use and custome to the observance of the same ; not to the observance of the laws of any forreign prince , potentate or prelate , but as — to the accustomed and ancient laws of this realm , originally established as laws of the same by the said sufferance , consents and custom , and none otherwise . it standeth therefore with natural equity and good reason , that all and every such laws humane made within this realm or induced into this realm , by the said sufferance consents and custom , the king and the lords spiritual and temporal and commons representing the whole state of the realm , in the most high court of parliament , have full power and authority to dispouse with those and all other humane laws of the realm , and with every one of them , as the quality of the persons and matter shall require . and also the said laws and every of them to abrogate , annull , amplify or diminish , as to the king , nobles , and commons of the realm , present in parliament , shall seem most meet and convenient for the wealth of the realm . thus far that notable statute , which in truth is only declarative and in affirmance of the ancient common law of england . the particular business of parliaments . by what hath been said , you may perceive the work of an english parliament is not ( as some would have it , ) only to be keys to unlock the peoples purses . that is but one part , and perhaps one of the least parts too , of their office. they are to propose new laws that are wanting for general good , and to press the abrogation of laws in being , when the execution of them is found prejudicial or dangerous to the publick . they are to provide for religion , and the safety and honour of the nation , they have a power ( as you have heard from sir thomas smith , ) to order the right to the crown ( understand all this with the kings consent ) and they have very frequently undertaken and actually limited the same , contrary to and different from the common line of succession . nay by the statute of the eliz. cap , . it is expresly enacted , that if any person shall in any wise hold and affirm or maintain , that the queen with and by the parliament of england is not able to make laws and statutes of sufficient force and validity to limit and bind the crown of this realm , and the descent , limitation inheritance and government thereof , or that this present statute , or any part thereof , or any other statute to be made by the authority of the parliament of england , with the royal assent for limiting the crown , is not , are not , or shall not , or ought not to be for ever of good and sufficient force and validity to bind , limit , restrain and govern all persons , their rights and titles , that in any wise may or might claim any interest or possibility in or to the crown of england , in possession remainder , inheritance , succession or otherwise howsoever , and all other persons whatsoever , every person so holding affirming or maintaining during the life of the queen shall be adjudged an high traitor , and suffer and forfeit as in casts of high treason is accustomed , and every person so holding affirming or maintaining after the d●c●ase of our said sovereign lady shall forfeit all 〈◊〉 good and chattels . which clause and last mentioned penalty is to this day in force , and ought to be considered by any who shall now pretend that an act of parliament cannot dispose of the succession . as for the right of making war and peace the same is gramted to be part of the high prerogatives of our kings , yet the wisest of our monarchs have very rarely entred into any war without the 〈◊〉 〈◊〉 parliaments ; for . who could give them better counsel in such a difficult affair ? . the people would more readily expose their persons in such a war , the justice and expediency whereof was approved by their representatives . . the king from thence might more certainly promise himself supplies of money to carry on the same . but nothing is more properly the work of a parliament than to redress grievances . to take notice of monopolies and oppressions , to curb the exorbitances of pernicious favourites , and ill ministers of state. to punish such mighty delinquents as look upon themselves too big for the ordinary reach of justice , to inspect the conduct of such as are intrusted with administration of the laws , or disposal of the publick treasure of the nation : all crimes of these and the like kinds are publick nusances , common mischiefs , and wound the whole body politick in a vital part , and can scarce at all be sound out or redressed ( by reason of the power and influence of the offenders ) but in this great and awful senate , before whom the haughtiest criminals tremble ; and it has been observed that they scarce ever prosecuted any ( though never so great , or highly in favour at court ) but sooner or later they hit him , and it proved his ruine . take a few examples . king edw. the second dotes upon pierce gaveston ( a french gentleman , he wastes the kings treasures , has undeserv'd honours conserred on him , affronts the antient nobility . the parliament in the beinning of the kings reign complains of him , he is banisht into ireland : the king afterwards calls him home , and marries him to the earl of glocesters sister , the lords complain again so effectually , that the king not only consents to his second banishment , but that if ever he returned or were found in the kingdom , he should be h●ld and proceeded against as an enemy to the state. yet back he comes , and is received once more by the king as an angel , who carries him with him into the north , and hearing the lords were in arms to bring the said gaveston to justice , plants him for safety in scarborough castle , which being taken , his head was chopt off . in king richard the seconds time , most of the judges of england to gratifie certain corrupt and pernicious favourites about the king , being sent for to nottingham , were by perswasions and menaces prevailed with to give false and illegal resolutions to certain questions proposed to them , declaring certain matters to be treason which in truth were not so : for which in the next parliament they were called to account , and attainted ; and sir robert tresilian lord chief justice of england , was drawn from the tower through london to tyburn , and there hanged : as likewise was blake one of the kings council , and vske the under-sheriff of middlesex , who was to pack a jury to serve the present turn , against certain innocent lords and others , whom they intended to have had taken off ; and five more of the judges were banisht , and their lands and goods forfeited . and the archibishop of york , the duke of ireland and the earl of suffolk , three of the kings evil councellors , were forced to fly , and died miserable fugitives in forreign parts . in the beginning of king h. the ths reign , sir richard empson knight , edmond dudley one of the barons of the exchequer , having by colour of an act of parliament to try people for several offences without juries , committed great oppressions , were proceeded against in parliament and lost their heads . in the year of the reign of king james at a parliament holden at westminister there were shewn ( saith bakers chron. fo. . ) two great examples of justice ; which for future terrour , are not unfit to be here related ; one upon sir giles mompesson , a gentleman otherwise of good parts ; but for practising sundry abuses in erecting and seting up new inns and ale-houses and exasting great summes of money of people , by pretence of letters patents granted to him for that purpose , was sentenced to be degraded from his knighthood , and disabled to bear any office in the common-wealth , though he avoided the execution by flying the land ; but upon sir francis mitchel , a justice of peace of middlesex , and one of the chief agents , the sentence of degradation was executed , and he made to ride with his face to the horse tail through the city of london . the other example was of sir francis bacon , viscount st. albans , lord chancellour of england , who for bribery was put from his place , and committed to the tower. in king charles the firsts time , most of the judges that had given their opinions contrary to law in the case of ship-money , were call'd to account , and forced to fly for the same : and in the th year of our present sovereign , the earl of clarendon , lord chancellour of england , being questioned in parliament and retiring thereupon beyond the seas , was by a special act banished and disabled . in a word it was well and wisely said of that excellent statesman , sir william cecil lord burleigh , and high treasurer of england , that he knew not what an act of parliament might not doe ; which apothegm was approved by king james , and alleadged ( as i remember ) in one of his published speeches . and as the jurisdiction of this court is so transcendent , so the rules and methods of proceedings there , are different from those of other courts . for ( saith cook . instit . fo . . ) as every court of justice hath laws and customs for its direction , some by the common law , some by the civil and canon law , some by peculiar laws and customes , &c. so the high court of parliament suis propriis legibus & consuetudinibus subsistit , subsists by it's own peculiar laws and customs . it is , lex & consuetudo parliamenti , the law and custom of parliament , that all weighty matters in any parliament moved concerning the peers , or commons in parliament assembled , ought to be determined , adjudged and discussed by the course of the parliament , and not by the civil law , not yet by the common laws of this realm used in more inseriour courts . which was so declared to be secundum legem & consuetudinem parliaments , according to the law and custom of parliament , concerning the peers of the realm , by the king , and all the lords spiritual and temporal , and the like pari ratione ( for the same reason ) is for the commons , for any thing moved or done in the house of commons : and the rather , for that by another law and custom of parliament , the king cannot take notice of any thing said or done in the house of commons , but by the report of the house of commons ; and every member of the parliament hath a judicial place . and can be no witn●●● . and this is the reason that judges ought not to give any opinion of a matter of parliament , because it is not to be decided by the common laws , but secundum legem & consuetudinem parliamenti , according to the law and custom of parliament : and so the judges in diverse parliaments have confessed . and some hold , that every offence committed in any court panishible by that court , must be punished ( proceeding criminally ) in the same court , or in some higher , and not any inferiour court , and the court of parliament hath no higher . — thus cook. great complaints have been made about a late house of commons sending for some persons into custody by their serjeant at arms ; but certainly they did no more therein , then what their predecessiors have often done ; every court must be supposed armed with a power to desend , it self from affronts and insolencies ; in all ages when the house has appointed particular committees , hath it not been usual to order that they shall be impower'd to send for papers , persons , and records ? but to bring men to a sober consideration of their duty and danger , i shall give a few instances , besides those before mentioned , of what the house of commons hath done in former ages . . anno . jacobi , doctor harris minister of bletchingly in surry , for misbehaving himself by preaching and otherwise , about election of members of parliament , upon complaint , was called to the bar of the house of commons , and there as a delinquent on his knees , had judgment to confess his fault there , and in the countrey , in the pulpit of his parish church , on sunday before sermon . . anno jacobi , ingrey under sheriff of cambridge-shire , for refusing the poll upon the promise of sir thomas steward to defend him therein , kneeling at the bar , received his judgment to stand committed to the serjeant at arms , and to make submission at the bar , and acknowledge his offence there , and to make a father submission openly at the quarter sessions , and there also to acknowledge his fault . . anno jacobi , the mayor of arundel , for misbehaving himself in an election , by putting the town to a great deal of charge , not giving a due and general warning , but packing a number of electors , was sent for by warrant , and after ordered to pay all the charge , and the house appointed certain persons to adjust the charges . . and car. . sir william wray and others , deputy lieutenants of cornwal , for assuming to themselves a power to make whom they pleas'd knights , and defaming those gentlemen that then stood to be chosen , sending up and down the countrey letters for the trained bands to appear at the day of election , and menacing the countrey under the title of his majesties pleasure ; had judgment given upon them , to be committed to the tower. . to make recognition of their offence at the bar of the house upon their knees , which was done . . to make a recognition and submission at the assizes in cornwal , in a form drawn by a committee . . but most remarkable are the proceedings in the same parliament anno . against doctor manwaring , who being there charged with preaching and publishing offensive sermons , and the same referred to a committee ; they brought in their report , which was delivered to the house with this speech , as i find it in doctor fullers church-history , l. . fo. . mr. speaker , i am to deliver from the sub-committee , a charge against mr. manwaring , a preacher and doctor of divinity , but a man so criminous , that he hath turned his titles into accusations ; for the better they are , the worse is he , that hath dishonoured them . here is a great charge that lies upon him , it is great in it self , and great because it hath many great charges in it : serpens qui serpentem devorat , fit draco ; his charge having digested many charges into it , is become a monster of charges . the main and great one is this ; a plot and policy , to alter and subvert the frame and fabrick of this state and commonwealth . this is the great one , and it hath others in it , that gains it more greatness : for to this end , he labours to infuse into the conscience of his majesty the perswasion of a power not bounding it self with laws , which king james of famous memory , calls in his speech in parliament , . tyranny , yea , tyranny accompanied with perjury . . he endeavours to perswade the consciences of the subjects , that they are bound to obey illegal commands , ; yea , he damns them for not obeying them . . he robs the subjects of the property of their goods . . he brands them that will not lose this property with most scandalous and odious titles , to make them hateful both to prince and people , so to set a division between the head and members , and between the members themselves . . to the same end ( not much unlike to faux and his fellows ) he seeks to blow up parliaments and parliamentary-power . these five being duly viewed , will appear to be so many charges , and withal they make up the main and great charge , a mischievous plot to alter and subvert the frame and government of this state and common-wealth . and now that you may be sure that mr. manwaring , though he leave us no propriety in our goods , yet he hath an absolute propriety in his charge ; audite ipsam belluam , hear mr. manwaring by his own words making up his own charge . here he produced the books , particularly insisting on p. , , and . in the first sermon , p. , , and . in the second sermon ; all which passages he heightened with much eloquence and acrimony ; thus concluding his speech , i have shewed you an evil tree that bringeth forth evil fruit ; and now it rests with you to determine , whether the following sentence shall follow , cut it down , and cast it into the fire . four days after the parliament proceeded to his censure , consisting of eight particulars , it being ordered by the house of lords against him , as followeth . . to be imprisoned during the pleasure of the house . . to be fined a thousand pounds . . to make his submission at the bar in this house , and in the house of commons , at the bar there , in verbis conceptis , a set form of words framed by a committee of this house . . to be suspended from his ministerial function three years , and in the mean time a sufficient preaching-man to be provided out of the profits of his living , and this to be left to be performed by the ecclesiastical court. . to be disabled for ever hereafter from preaching at court. . to be for ever disabled of having any ecclesiastical dignity in the church of england . . to be uncapable of any secular office or preferment . . that his books are worthy to be burned , and his majesty to be moved , that it may be so in london , and both the vniversities . and accordingly he made his humble submission at both the bars in parliament , on the three and twentieth of june following , and on his knees , before both houses , submitted himself , with outward expressions of sorrow , as followeth . i do here in all sorrow of heart , and true repentance , acknowledge those many errors and indiscretions which i have committed in preaching and publishing the two sermons of mine , which i called religion and allegiance , and my great fault in falling upon this theam again , and handling the same rashly , scandalously and undavisedly in my own parish church in st. giles in the fields , the fourth of may last past . i humbly acknowledge these three sermons to have been full of dangerous passages and inferences , and scandalous aspersions , in most part of them . and i do humbly acknowledge the just proceedings of this honourable house against me , and the just sentence and judgement pass'd upon me for my great offence . and i do from the bottom of my heart crave pardon of god , the king , and this honourable house , and the common-weal in general , and those worthy persons adjuged to be reflected upon by me in particular , for these great ossences and errors . the truth is , 't is this high court of parliament , that only can hinder the subject from being given up as a prey to the arbitrary pleasure not only of the prince if he should attempt it , but ( which is ten times worse ) to the unreasonable passions and lusts of favourites , cheif ministers , and women ; when otherwise instead of a monarch ( who as sometimes it may happen shall govern but in name ) we might be ruled like the antient french by an insolent major of the pallace , who will be sure to mind the private interest of himself and family more than that of the prince or the publick good : or like the turkish empire under a weak grand seignior , by the prevailing concubine of the seraglio , who is perhaps her self managed by no higher dictates than that of her chief eunuch or she-slave . it is strange therefore to observe the impotent ambition of some men ( and such as , with shame let us speak it , boast themselves english-men too ) who ( provided they may trample upon and domineer over their inferiors ) care not how much their superiors do the like over them . their souls ( like most insolent mens ) being mean enough to submit thereunto ; or who can enough deplore and abhor the ignorance and stupidity of some lazy insignificant gentlemen , who care not how things go , provided they may enjoy their hawks , hounds , and bowling-green meetings ; whilst not only for divinity , but politicks too , they are govern'd by their more impertinent chaplain , or the parson of their parish . now nothing is more obvious than the designs of some idle , covetous , sycophant clergy-men , who like ivy , though it cannot grow without the support of the oak and yet will destroy it at last , do in private parlours over the glass , whilst healths go round , as well as in their pulpits over their cushions , set up absolute monarchy to be jure divino , declaiming against the unreasonable stubornness of any parliament that will not give away the peoples money , and submit themselves to be fleec'd , as often as the prime minister or favourite think fit , they cry up the prince like an angel so long as he will be their executioner to whip , imprison , or hang all that will not truckle to their own pride and avarice ; or refuse to give up their souls once again to be managed by an implicite faith , whereby in the mean while these huffish sir johns might not be troubled with those uneasy tasks of studying , preaching , &c. but may have nothing else to do , but live at ease , keep their coach and horses , with a silly curate to do all the drudgery ; whilst they themselves are making addresses above , by flattering and informing at some great noblemans or bishops table , and railing against the whiggs and fanaticks , and speaking a good word for popery by the by ; or else if their parts reach so high , by some sycophant pamphlet or sermon against the government establisht by law ; they teach that men have no property either in their lives or goods , but only during the princes pleasure , &c. if there be not such a parcel of things as these that call themselves divines , then no body is concerned in this character ; but if there be , they are the worst of men , and ought not only to be exposed , but severely punisht . therefore since at present we live under so happy a government , where being securely landed our selves , we behold the shipwrack of our neighbours , and since ( notwithstanding the goodness of our sovereign king charles the second , whom god preserve ) who has declared that he desires nothing less than the alteration or subversion of that government ( which as well by his coronation oath , as by his own lenity and good nature , he thinks himself obliged to observe ) yet there are some , who for their own private ends , endeavour their utmost to remove our antient land-marks , introducing popery and slavery amongst us ; it is therefore the indispensable interest and duty of all true english-men to maintain these priviledges conveyed from their ancestors through so many generations inviolable , upon which all our ( earthly ) and in a great measure our spiritual ) happiness , safety , and well-being depends . nor can any man in his senses but acknowledge that the only right way to attain that end , is to look well to the means , and that is by taking due care what persons they choose for their representatives , with whom they must trust their estates , lives , and liberties . now this government of a prince by and with parliaments , whenever the condition and necessities of the state require them , however according to it 's primitive institution it was the best of all others , yet as well in that as in christianity it self , there have been found out wayes of corruption , and that is , when either they sit too long , or too seldom , or are too frequently dissolved ; too frequent dissolutions being no less dangerous to the subject , than too long sessions . nevertheless it may be in the electors power to avoid the inconveniences of both , and that is by making a good choice . whereas if the countrey people will sell all that they have for a little roast beef , aglass of sack , & a pot of ale , choosing him that will give them most drink to day , though they know him to be a person who will sell both their religion , liberties and fortunes to morrow , then frequent dissolutions will of necessity ruine us , and utterly debauch this excellent constitution ; for the honest countrey gentleman designing no other private advantage but the true service of his king and country , hath no reason , nor is he able , once in half a year to spend or pound , only to purchase a place full of labour , charge , trouble and danger , without any profit to himself , only to serve those who put him to such an unkind expence . and when honest loyal gentlemen are thus discouraged , if this sottish humour amongst the electors continue , the papist , and their faction , or necessitous persons of prostituted consciences , will carry their votes ; for they can afford to buy them at large rates , being resolved to repay themselves , though with the ruine of the nation . this is no vain surmize or idle speculation , but the very truth of the case ; and the meanest countrey man that has eyes in his head , and will use them , can not but see it : for did you ever know a coachman or groom buy his place , unless he designed to rob his masters bin ? therefore whoever you put to charge in your elections , blame him not , if he makes money again of what he bought , and lays out his vote in the house , not for your good and that of the publick , but that way as will best please the ministers of state , that so he himself may get a good place , or preferment , or title of honour by the bargain . i say though he himself be a base wretch for so doing , yet you cannot blame him , since you did not lend him your trust , but sold it him , and what a man hath purchased with his own money , he may lawfully sell again . therefore that man who does wilfully give his voice for a knave or fool , does his endeavour to ruine both his country , and himself and his posterity , and to be as bad or worse than the person he chooses ; and if the greater part of the house happen to be wiser or honester , it is no thanks to him ; he did as much as he could to debauch it ; and therefore for his part , if none else were concerned with him , it were no matter if he were forthwith made a slave , and his children perpetual vassals . the before mentioned old lord treasurer barleigh ( who is thought to have been the greatest statesman that ever this nation bred ) did frequently deliver as a maxime , or rather as a prophecy , that england can hardly be ruined , unless it be by her own parliaments ; undoubtedly foreseeing that other oppressions , as being wrought by violence , might perhaps by violence be in time shaken off again ; whereas when in a parliamentary way we are undone by a law , that can never be reverst but by a down-right rebellion , because the parties advantag'd by that law will never agree to the repealing of it ; and a rebellion is both so dangerous , and of so biack a character , as men either rich or conscientious , will not engage therein ; and therefore no publick mischief is so irrecoverable as that which is grown into a law , and nothing , you know , can become so , but what is imposed upon you by parliament . such is the happy frame of your government , so prudently and so strong have your ancestors secured property and liberty , ( rescued by inches out of the hands of encroaching violence ) that you cannot be enslaved but with chains of your own making , for as you are never undone till you are undone by law , so you can never be undone by a law , till you chuse the undoing legislators ; and may not your enemies add scorn to their cruelty , and pretend justice for both , when they can plead they had never trampled on your heads , had not you laid them on the ground ? from what has been said , it evidently appears of what vast importance it is at all times , when ever his majesty shall be pleas'd to issue out his writs for a parliament , to chuse ( as much as in us lies ) a good house of commons , as we tender our religion , liberties , estates and posterity ; upon our well or ill chusing , depends our well or ill being ; 't is here as in marriage or war , there is no room for second errors , one act may ruine a nation beyond retrieve . besides , they whom you chuse will represent the qualities as well as the persons , and if you send up a false glass , it will represent you with an ugly face ; you have hitherto had the repute of an antient and grave people , but if you chuse raw saplings , green heads , unexperienced children , the world will judge of you , as they once did of the grecians , that you were either always children , or are grown twice so ; you have long been a famous religious protestant nation , but if you chuse debauched swearing atheists , men of no religion , or such as are meer formalists , or enclinable to popery , what can the world think but that the nation has lost its sense of religion , and is content to be led back into the egyptian darkness of romish fopperies : you have formerly had the character of a sober temperate nation , but if you chuse drunkards for your trustees , or give your voices for those that gorge you most with liquor , what can be supposed but that you are already drunk with folly , and just reeling into slavery . some directions concerning the choice of members to serve in parliament , and the qualifications that render a gentleman fit or unfit , worthy or undeserving of your voices for so great a trust . . avoid all such as hold any office of considerable value during pleasure , they being subject to be over-awed . for altho a man wish well to his countrey , and in the betraying thereof , knows that at the long run he mischiefs and enslaves his posterity , if not himself , yet the narrowness of mers minds is such , as makes them more tenderly apprehend a small present damage , than a far greater hereafter . such men must of necessity be under a great temptation and distraction , when their consciences and interest look different ways . for to say truth , such an office is but a softer word for a pension ; therefore since these men know before hand the inconveniences that attend the trust of a member of parliament faithfully discharged , 't is very suspitious and reflecting upon their honesty , if any such stand for it ; and i think we are bound in charity , nor can we do them a greater courtesy , than to answer their petition in the lords prayer — not to lead them into temptation . . suspect all those ( especially if they are men of ill repute ) who in their profession , or near relations , have dependency upon the court. for though to be the kings servant is no bar from being a parliament-man , or from serving his countrey honestly in that station , and no doubt several of them have at divers times well discharged the same , yet frequently such persons ( unworthily ) guessing at their prince by themselves , are apt to vote right or wrong , as they imagine will most please the prerogative party , and 't is an hard matter for a courtier to please that great ( perhaps corrupt ) minister who supports him , and those whom he represents , at the same time : and if he endeavours to oblige both , he becomes such an uncertain weathercock , as most commonly he pleases neither . and therefore the most prudent and honestest of the courtiors are always observed to decline being parliament men , for this very reason . . meddle not with such as have been or are like to prove pensioners , or receive salaries for secret services . i know they would now brazen it out , that there were no such men , no such practices . but the contrary is notorious ; did not the house of commons last westminster-parliament take the thing into examination ? nay did not sir s. f. by his memory ( without the books , which for some reasons were refused to be brought in ) name about of them , and the respective sums yearly paid to each ? and would not many more have been discovered , and the whole knot of them severely and exemplarily punisht , if that parliament had a little longer continued ? now there is none more implacably your enemy , then that person whose interest is to destroy you ; that must neither eat nor drink , except you starve ; that must go in rags , except you go naked ; are taught to fleece you , that they may keep themselves warm . to prevent this , avoid not only all former pensioners , but such other as may be in danger to become so ; therefore meddle not with men of necessitous fortunes , or much in debt . the representative of a nation ought to consist of the most wise , wealthy , sober , and couragious of the people , not men of mean spirits and little figure , and sordid passions , that would sell the interest of the people that chose them to advance their own , or be at the beck of some great man , in hope of a lift to a good imploy . those that have fair estates , have in a manner given hostages to their country , and must be errant fools before they can play the knave with you . but what cares the needy passenger if the ship perish , if he can but save himself in the long boat , or get some booty by the wreck ? what protection do you expect from them , who cannot shew their faces with confidence without a protection , either in or out of parliament ? who are no less apprehensive of a bayliff , than of the growing greatness of the french ; and dread not popery half so much as an out-lawry ? will you secure them within the walls of the house of commons , who were better secured within the walls of a common goal ? who can never pay their debts contracted by their prodigality , but out of your purses ; and must run you in , to get themselves out of their mortgages ? these mens fear of being dissolved makes them submit to any thing , rather than be left to the unmerciful rage of their hungrey creditors , who have so long fasted for their money . for all such persons ( though some of them may be lookt upon as honest fair-conditioned gentlemen and good house-keepers , ) are in danger of being tempted to repair the decays of their own private fortunes , by the ruine of the publick . moreover the choosing of such broken fortunes , decays trade , and ruins whole families ; insomuch that i have known it drive many men ( contrary to their own inclinations ) to wish never to see parliaments more in england . in a word , if beggers ever come to be your representatives , how can they judge what is expedient for the nation to spare , whose only care is to get a piece of money to spend ? . as you are not unadvisedly to choose such as retain to the court at home , so much less are you to elect any such as have their dependance upon forreign princes or states , these are under strong obligations to see you ruined ; for your own reason will tell you , that no forreign power will prodigally throw away his pistoles , where he expects not an harvest answerable to his seed . 't is possible this caution may not be unnecessary , for 't is more than suspected that there are some such degenerated englishmen , who having forsaken he interest of their native countrey , have sold themselves to an outlandish interest , that they may the better gratify their own ambition , and those potent lusts which their own meaner fortunes could not otherwise seed and satiate . . be not over-fond to receive bribes and gratifications from persons that would fain make a prey of you , and by their purses , lavish treats , and entertainments would allure you to prostitute your voices for their elections ; you may be assured they would never bid so high for your suffrages , but that they know where to make their markets . chuse the worthy unwilling person , before the complemental unworthy man , whose extraordinary forwardness prognosticates he seeks not your good , but his own , seperate from the publick . let us not play the fools or knaves to neglect or betray the common interest of our country by a base election , let neither fear , flattery , nor gain biass us . consider with your selves what losers you will be , if to laugh and be merry one day , the person you choose should give you and your children occasion to mourn for ever after . — say not he 's but a single person , one man cannot do such hurt , — silly men ! what if all other places should be as bad as your selves ? then all the house would be of a peice , and besides don't you know that sometimes a single man has carried a vote , which perhaps was no less mischeivous than irretrievable ? think how justly the gallant antient heathens may upbraid this baseness of us christians , when , as they sacrificed many of their children , nay and oftentimes their own lives for the good of their country , so on the contrary do we sacrifice or at least happ-hazard both our religion , lives , children and countrey for the swinish pleasure of a day or two's debauchery . . make not your publick choice the recompence of private favours , 't is not pleasing a neighbour , because rich and powerfull , but saving of england that you are to regard . neither pay nor return private obligations at the cost of the nation . sir john is a pretty gentleman , and treats people civilly , and my landlord is a good man , and has been kind , and esquire such an one , is our next justice of peace , but yet i will not give my voice contrary to my conscience , or have an hand in a choice that may ruine my country , to gratify any or all of them . let not such engagements put you upon dangerous elections as you love the liberties and the freedom of your posterity . but tell them in this affair they must hold you excused , for that the weight of the matter will well bear it , this is your inheritance ; all may depend upon it ; 't is a more modest request if they would desire you to give them that freehold and estate , that qualifies you for an elector , than to press you to be for a man that in your conscience you think unfit , or not so fit as his competitor , for so weighty a trust . men don't use ro lend their wives , or give their children to satisfie personal kindnesses , nor ought you to make a swop of your birthright ( and that of your posterities too ) for a mess of pottage , a feast , or a lusty drinking bout ; there can be no proportion here , and therefore none must take it ill , that you use your freedom about that which in its constitution is the great bulwark of all your antient liberties . . have a care of ambitious men and non-residents , such as live most about the town , and not with their estates in the country . these seek honours and preferments above ; and little or never embetter the country with their expences or hospitality , for they are too much for themselves , to act vigorously for the advantage of their country ; or if in the house they do for a while swagger a little , and speak it briskly , 't is only that the court may take notice of them , and take them off by some preferment ; and then these false patriots shall be the only sticklers for unbounded prerogative . . be resolved ( against all temptations ) to choose no minors : what , will you be content with sucking statesinen ? and beard-less politicians ? and rehoboams counsellors ? then , expect , for well you deserve to be lasht with scorpions : can you judge them fit to dispose of your liberties , lives estates and religion , who cannot legally dispose of their own estates or themselves ? what security can they give you , that they will not give away yours and you , whose bond in the eye of the law will not betaken for s ? but sure your own experience of what such young green persons have been and done in former parliaments , hath i hope learned you sufficient wisdom , not to chuse the like again . . elect no prodigal or voluptious persons , for besides that such are not regular enough to be law-makers , they are commonly idle , and though possibly they may wish well to your interest , yet they will rather lose it than their pleasures , they will scarce leave one of their nightly revellings to give you their attendance and service next day , and therefore they are not to be relyed upon . and upon this occasion i shall borrow the words of an author to whom i do not much desire to be beholden ; some senators are drawn from their duties by pleasure ; perhaps a party at tennis , bowles , cards , a pack of dogs , a cock-fight , or a horse-match , a comedy , a good fellow , or a mistress . and while they are thus employed , the vigilant faction steals a vote that is worth a kingdom . — some again are so transported with the vanity of dress and language , that rather then serve the publick with one hair amiss , or in one broken period , they 'l let the publick perish , mallent rempublicam turbari , quam capillos . these , while their country lies at stake , are ordering of their heads , and polishing the phrase , shaping the parts of a set-speech , till it is too late to use it . nothing methinks does less beseem a grave assembly , then this facultatula loquendi ; this same rhetorical twittle-twattle ; it spins out so much time in tedious circumstance , that it makes a man e'en sick of a good cause , and for the very form , prejudge the reason of it . — sloth and neglect , are yet more dangerous in a senator , in regard of surprizes from the faction , these think a wet day , or a cold morning , a sufficient discharge of their attendance ; and while they are taking t'other napp , or t'other bottle , the monarch perhaps has lost his crown , or the subject his liberty . . avoid all those that play the protestants in design , and are indeed disguised papists , ready to pull off their mask on the first opportunity , whenever time serves . you may know them by their swaggering for a popish successor to maintain the protestant religion , their laughing at the popish plot , and disgracing the evidence of it , and at the same time affirming ( without any grounds ) the reality of a presbyterian plot ; their associating with known papists , and winking at them , but eager heats to put the laws in . execution with the utmost rigour upon protestant dissenters ; these are men whose affection for the protestant interest , notwithstanding all their fair speeches may justly be question'd , since their practice gives their words the lye ; nor will their large pretensions and seeming zeal for the church of england , at all prevail with wise men ; for we know the papists themselves , when 't is for their interest , will pretend the same thing , and speak fair of our church , and rail only upon the fanaticks ; when yet in their hearts , they hate our church as much as they do any of the sects ; observe all their pamphlets , the noise is against the presbyterians and dissenters , but 't is with a design to destroy them first , and the church of england afterwards ; for when so great a body of protestants are represented as disloyal and dangerous , and crusht and undone , the church of england-men will be left alone , and then they hope to deal with them well enough ; and that this is their aim , may be perceiv'd if you observe how zealous the papists are to stirr up prosecution against the dissenters , and none more joyful when it goes on , &c. now what 's all this for ? are they think you indeed and in earnest so very kind to the church of england ? for what acqualntance ? no , no , 't is all dissimulation and roguery , a design which they drive on first to divide and then to ruine us . therefore beware how you chuse any such tool as they make use of therein . the contrary , are men that bless god for the most happy discovery of the hellish popish plot , and all their wicked shams ever since , and would have the bottom thereof fairly searcht into , and the traitors , though never so great or potent , brought to condign punishment , and in their conversation zealously direct themselves in an opposition to the papal interest , which indeed is a combination against good sense , reason , and conscience , and to introduce a blind obedience without ( if not against ) conviction : and that principle which introduces implicite faith and blind obedience in religion , will also introduce implicite faith and blind obedience in government , so that it shall be no more the law in the one than in the other , but the will and power of the superiour that shall be the rule and bond of our subjection ; this is that fatal mischief popery brings with it to civil society , and for which all such societies ought to beware of it and its friends and abetters , which sure none can be , but such who are design'd for slaves by nature as well as fortune , debaucht lew'd unthinking animals , properly enough called tories ; silly , servile , yet conceited and cruel , creatures altogether of an irish understanding . . as for you citizens burgesses and freemen of cities and corporations in particular , i shall only say , that whoever is not fit to be chosen knight of the shire , is likewise unfit to be chosen a burgess ; neither let the more specious pretences of any man that shall promise to build you a town-hall , or relieve you poor with mony , or out of his adjacent woods , or any such good-morrows , deceive you ; for if so , wherein are you wiser than your horses , whom you catch every day , and clap a bridle into their mouths , only by shewing them a few oats , which they are never like to eat ? even the very mice are too wise to be taken by an old bait , but will first have the trap ●ew baited before they 'le meddle : and yet i have known a corporation which has been taken twice by the same bait . but suppose these men do really perform what they promise , what compensation is that , if the same men should lay a good swinging tax upon your estates without any real cause ? or should give up the very power you have of taxing yourselves , or sending your representatives in parliament , ( for one bad parliament may ruiue us ) what good would the money for your poor do in such a case , more than that when you are thereby reduced to beggery , you might perhaps yourselves ( the gentry of the country having no reason to releive you ) be forc'd to comein for a small share of this their hypocrital charity ? an excellent reward for knavish folly : neither say — oh! this is but one man , and can have but one vote , he will do our town a great deal of good , and can do us but little hurt if he would , &c. for , . ( as i told you before ) one or two voices have sometimes carried a vote of great importance ; . you know not what mischief your bad example may do in other corporations , and if all should do so , what a miserable case would you be in ? since the voices of the boroughs make two thirds of the house . lastly , no man can tell the influence that one running talkative ill-man may get over the rest of the house , especially over those that weigh words more than sense , or reason , and the interest of their countrey . hitherto we have talked negatives , and described such as are not fit to be chosen ; now we came positively to set before you , who are fit for such a trust , especially in such a dangerous juncture as we are faln into . in order to which we must consider for what ends they serve , and they are principally two. the first is , the preservation of our religion from popery , the other is to preserve inviolable our liberty and property according to the known laws of the land , without any giving way unto or introduction of that absolute and arbitrary rule practiced in forreign countreys , which we are neither to imitate or regard — therefore , . take care to choose such as are well known to be men of good consciences , fearing god , throughly principled in the protestant religion , and of high resolution to maintain it with their lives and fortunes . and amongst these , rather cast your favour upon themof large principles ( i mean in matter of meer opinion ) such as will not sacrifice their neighbours property and civil rights to the frowardness of their own party in religion . narrow souls , that will own none but those that bear their own image and superscription , will sooner raise persecution at home , than secure us from popery and invasion from abroad . the great interest of england at this day , is , to tolerate the tollerable , to bear with the weak , to encourage the conscientious , and to restrain none but such as would restrain all besides themselves . . as we ought as near as we can possibly judge , to elect good protestants towards god , and just towards men , yet since in this corrupt age wherein we live , men are not so spiritual as they ought to be , it is not amiss to seek for those whose spiritual interest is seconded by a temporal one ; for though men talk high , and keep a great noise with conscience and love to their country , yet when you understand mankind aright ( not as it should be , but as it is , and i fear ever will be ) then you will find that private interest is the string in the bears nose , it is that governs the beast . and therefore the surest champions for our religion ( caeteris paribus ) against the papacy are our abby landed-men , for notwithstanding the registred dispensation to king henry the eighth from the pope for the seizing of those monasteries and lands , yet of late they pretend that the pope had not power to alien them from the church , so that the present possessors can never trust or rely upon that , or any new promises or actual grants thereof , especially from him whose everlasting and declared maxime it is — never to keep faith with hereticks . undoubtedly to make easy his ascent into the saddle he will proffer many assurances and grants , but if these abby-landed men be not the most silly of all others , they will never believe him . for when he is once firmly setled , then will he with his canon-law distinctions , like fire under quicksilver , evaporate away all his promises , and violently resume the lands , glorying of his own bounty , if he require not the mean profits ever since they have been sacriligiously with-held from holy church . . endeavour to chuse men of wisdom and courage , who will not be hectored out of their duties by the frowns and scowles of men : never had you more need to pitch upon the old english spirit , that durst be faithfull and just against all temptations . what a degenerate race have we known , that could never yet resist smile or frown , but tamely sunk below their own convictions , and knew the evil , they did , yet durst not but commit it ? . make it your business to chuse such as are resolved to stand by and maintain the power and priviledges of parliament ( for they are the heart-strings of the common-wealth ) together with the power and just rights of the king , according to the laws of the kingdom , so as the one may not entrench upon the other . and such as with a becoming true english courage will prosecute all traitors , whether already impeached , or to be impeached ; and to secure us from popery hereafter , and to get removed all corrupt and arbitrary ministers of state , and wicked judges , and stiflers of the discovery of the popish plot , and suborners , and vile pamphleteers , that endeavour so industriously to clear the papists , and expose the protestant religion , and poison the people . lastly , take particular notice of those who are men of industry and improvement ; for such as are ingenious and laborious to propagate the growth and advantage of their country , will be very tender of yeilding to any thing that may weaken or impoverish it . if you conduct yourselves thus prudently , honestly and gallantly , in your choice , without putting the gentlemen whom you chuse to serve you , to charges , the consequence will be , that as you will be sure to have a good parliament when ever his majesty shall please to call one , and such as will be zealous for the safety of the protestant religion , and prosperity of the nation , if they shall continue to sit and act ; so , on the other side . if they should be dissolv'd , and never so many new parliaments be called , yet you run no hazard , for the same candidates will still be ready to serve you . and so we shall conclude our discourse of parliaments , when i shall first have observ'd that antiently all freemen of england ( though not free-holders ) had a right to chuse their representatives till the same was altered and limited by the following statute , for the reasons therein mention'd . the statute anno . hen. . cap. . what sort of men shall be chusers , and who shall be chosen knights of the parliament . item , whereas the elections of knights of shires to come to the parliaments of our lord the king , in many counties of the realm of england , have now of late been made by very great , outragious and excessive numbers of people , dwelling within the same counties of the realm of england , of the which most part was of people of small substance , and of no value , whereof every one of them pretended a voice equivalent , as to such elections to be made , with the most worthy knights and esquires , dwelling within the same counties , whereby man slaughter , riots , batteries , and divisions among the gentlemen , and other people of the same counties shall very likely rise and be , unless convenient and due remedy be , provided in this behalf : ( ) our lord the king considering the premises , hath provided , ordained and stablished by authority of this present parliament , that the knights of the shires to be chosen within the said realm of england to come to the parliament of our lord the king hereafter to be holden , shall be chosen in every county of the realm of england , by people dwelling and resident in the same counties , whereof every one of them shall have landor tenement , to the value of forty shillings by the year , at the least , above all charges , ( ) and that they which shall be so chosen shall be dwelling and resident within the same counties : ( ) and such as have the greatest number of them that may expend forty shillings by the year and above , as afore is said , shall be returned by the sheriffs of every county , knights for parliament , by indentures sealed betwixt the said sheriffs and the said chusers so to be made : ( ) and every sheriff of the realm of england , shall have power by the said authority to examine upon the evangelists every such chuser , how much he may expend by the year : ( ) and if any sheriff returned knights to come to the parliament , contrary to the said ordinance , the justices of assizes in their sessions of assizes shall have power by the authority aforesaid thereof to enquire , ( ) and if by inquest the same be found before the justices and the sheriff thereof be duly attainted , that then the said sheriff shall incur the pain of an hundred pounds , to be paid to our lord the king , and also that he have imprisonment by a year , without being let to mainprise or bail ( ) and that the knights for the parliament returned contrary to the said ordinance , shall lose their wages . provided always , that he which cannot expend forty shillings by year , as afore is said , shall in no wise be chuser of the knights for the parliament ; ( ) and that in every writ that shall hereafter go forth to the sheriffs to chuse knights for the parliament , mention be made of the said ordinances . note though this statute make the penalty on a sheriff but l. for a false return , yet the house may further punish him by imprisonment &c. at their pleasure by the law and custom of parliaments . we shall now proceed to certain excellent laws of a latter date , made for the explanation and conservation of our liberties ; and in the first place present you with that excellent petition of right , granted by king charles the first . anno regni caroli regis tertio . the petition exhibited to his majesty by the lords spiritual and temporal , and commons in this present parliament assembled , concerning diverse rights and liberties of the subjects . to the kings most excellent majesty . humbly shew unto our soveraign lord the king , the lords spiritual and temporal and commons in parliament assembled , that whereas it is declared and enacted by a statute made in the time of the reign of king edward the first , commonly called statutum de tallagio non concedendo , that no tallage or aid shall be laid or levyed by the king or his heirs in this realm , without the good will and assent of the arch-bishops , bishops , earles , barons , knights , burgesses , and other the freemen of the commonalty of this realm ; ( ) and by authority of parliament holden in the five and twentieth year of the reign of king edward the third , it is declared and enacted , that from thenceforth no person should be compelled to make any loans to the king against his will , because such loans were against reason , and the franchise of the land ; ( ) and by other laws of the realm it is provided , that none should be charged by any charges or imposition called a benevolence , nor by such like charge , ( ) by which the statute before mentioned , and othe the good laws and statutes of this realm , your subjects have inherited this freedom , that they should not be compelled to contribute to any tax , tallage , aid , or other like charge , not set by common consent in parliament . . yet nevertheless , of late divers commissions directed to sundry commissioners in several counties , with instructions , have issued , by means whereof your people have been in divers places assembled and required to lend certain sums of money unto your mejesty , and many of them , upon their refusal so to do , have had an oath administred unto them not warrantable by the laws or statutes of this realm , and have been constrained to become bound to make appearance and attendance before your privy council , and in other places , and others of them have been therefore imprisoned confined and sundry other ways molested and disquieted ( ) and divers other charges have been laid and levyed upon your people in several counties by lord lieutenants and deputy lieutenants , commissioners for musters , justices of peace , and others , by command or direction from your majesty to your privy council , against the law and free customs of this realm . . and where also by the statute called the great charter of the liberties of england , it is declared and enacted , that no freeman may be taken or imprisoned , or be disseised of his freehold or liberties , or of his free customs , or be outlawed or exiled , or in any manner destroyed , but by the lawfull judgment of his peers , or by the law of the land. . and in the eight and twentieth year of the reign of king edward the third , it was declared and enacted by authority of parliament , that no man of what estate or condition that he be , should be put out of his land or tenements , nor taken nor imprisoned , nor disherited , nor put to death , without being brought to answer , by due process of law. . nevertheless , against the tenor of the said statutes and other the good laws and statutes of your realm to that end provided , diverse of your subjects of late have been imprisoned without any cause shewed ; ( ) and when for their deliverance they were brought before justices by your majesties writs of habeas corpus , there to undergo and receive as the court should order , and their keepers commanded to certify the causes of their detainour , no cause was certifyed , but that they were detained by your majesties special command , signified by the lords of your privy council , and yet were returned back to several prisons without being charged with any thing , to which they might make answer according to the law. . whereas of late great companies of souldiers and mariners have been dispersed into diverse counties of the realm , and the inhabitants against their wills , have been compelled to receive them into their houses , and there to suffer them to sojourn , against the laws and customes of this realm , and to the great grievance and vexation of the people . . and whereas also by authority of parliament , and in the five and twentieth year of the reign of king edward the third , it is declared and enacted , that no man shall be forejudged of life and limb , against the form of the great charter and law of the land ; ( ) and by the said great charter and other the laws and statutes of this your realm , no man ought to be judged to death , but by the laws established in this your realm , either by the customes of the realm , or by acts of parliament ; ( ) and whereas no offendor of what kind soever , is exempted from the proceedings to be used , and punishments to be inflicted by the laws and statutes of this your realm ; nevertheless , of late diverse commissions under your majesties great seal have issued forth , by which certain persons have been assigned and appointed commisioners , with power and authority to proceed within the land , according to the justice of martial law , against such souldiers and mariners , or other dissolute persons joining with them , as should commit any murder , robbery , felony , mutiny , or other outrage or misdemeanour whatsoever , and by such summary course and order as is agreable to martial law , and as is used in armies in time of war , to proceed to the tryal and condemnation of such offeuders , and them to cause to be executed and put to death according to the law martial . . by pretext whereof some of your majesties subjects have been by some of the said commissioners put to death , when and where , if by the laws and statutes of the land they had deserved death , by the same laws and statutes also they might , and by no other ought to have been judged and executed . . and also sundry greivous offenders , by colour thereof , claiming an exemption , have escaped the punishments due to them by the laws and statute of this your realm by reason that divers of your officers and ministers of justice have unjustly refused or forborne to proceed against such offenders according to the same laws and statutes , upon pretence that the said offenders were punishable only by martial law , and by authority of such commission as aforesaid ; ( ) which commissions , and all other of like nature , are wholly and directly contrary to the said laws and statutes of this your realm . . they do therefore humbly pray your most excellent maiesty , that no man hereafter be compelled to make or yield any gift , loan , benevolence , tax , or such like charge , without common consent by act of parliament ; ( ) and that none be called to make answer , or take such oath , or to give attendance , or be confined , or otherwise molested or disquieted concerning the same , or for refusal thereof ; ( ) and that no freeman in any such manner as is before mentioned be imprisoned or detained ; ( ) and that your majesty would be pleased to remove the said souldiers and mariners , and that your people may not be so burthened in time to come ; ( ) and that the foresaid commissions for proceeding by martial law , may be revoked and annulled ; and that hereafter no commissions of like nature may issue forth to any person or persons whatsoever to be executed as aforesaid , lest by colour of them , any of your majesties subjects be destroyed , or put to death contrary to the laws and franchise of the land. . all which they most humbly pray of your most excellent majesty , as their rights and liberties , according to the laws and statutes of this realm , and that your majestie would also vouchsafe to declare , that the awards , doings and proceedings to the prejudice of your people in any of the premisses , shall not be drawn hereafter into consequence or example ; ( ) and that your majesty would be also graciously pleased for the further comfort and safety of your people , to declare your royal will and pleasure , that in the things aforesaid , all your officers and ministers shall serve you according to the laws and statutes of this realm , as they tender the honour of your majesty and the prosperity of this kingdom . which petition be●ng read , the second of june , . the kings answer was thus delivered unto it . the king willeth , that right be done , according to the laws and customs of the realm , and that the statutes be put in due execution , that his subjects may have no cause to complain of any wrong , or oppressions , contrary to their just rights and liberties : to the preservation whereof , he holds himself in conscience as well obliged , as of his prerogative . but this answer not giving satisfaction , the king was again petitioned unto , that he would give a full and satisfactory answer to their petition in full parlinment — whereupon the king in person , upon the seventh of june , made this second answer , my lords and gentlemen ! the answer i have already given you , was made with so good deliberation , and approved by the judgment of so many wise men , that i could not have imagined , but that it should have given you full satisfaction ; but to avoid all ambiguous interpretations , and to shew you that there is no doubleness in my meaning , i am willing to please you in words , as well as in substance ; read your petition , and you shall have an answer that i am sure will please you . and then causing the petition to be read distinctly by the clerk of the crown , the clerk of the parliament read the kings answer thereto in these words , soit droit fait , come est desire , which is , let right be done as is desired . this answer , and the manner of confirming this law , i have the rather recited , because the kings answer and circumstances relating thereunto , are wholly left out in our last printed book of statutes . the petition it self is so plain that there needs no comment thereon , only the reader may observe that the things therein mentioned were the antient rights of the people , and therefore they expresly demand them of the king as their rights and liberties . in the next place we shall add , the late excellent habeas corpus act , because relating to the same subject , viz. the freeing of the subject from causeless tedious and arbitrary imprisonments . anno tricesimo primo caroli secundi regis . chap. ii. an act for the better securing the liberty of the subjest , and for prevention of imprisonments beyond seas . comonly called the habeas corpus act. i. vvhereas great delays have been used by sheriffs , goalers , and other officers to whose custody any of the kings subjects have been committed for criminal , or supposed criminal matters , in making returns of writs of habeas corpus to them directed , by standing out an alias , and pluries , habeas corpus , and sometimes more , and by other shifts , to avoid their yielding obedience to such writs , contrary to their duty , and the known laws of the land , whereby many of the kings subjects have been , and hereafter may be long detained in prison , in such cases where by law they are bailable , to their great charges and vexation . ii. for the prevention whereof , and the more speedy relief of all persons imprisoned for any such criminal , or supposed criminal matters . ( ) be it enacted by the kings most excellent majesty , by and with the advice and consent of the lords spiritual , and temporal , and commons in this present parliament assembled , and by the authority thereof , that whensoever any person or persons shall bring any habeas corpus directed unto any sheriff or sheriffs , goaler , minister or other person whatsoever , for any person in his or their custody , and the said writ shall be served upon the said officer , or left at the goal or prison with any of the under officers , under keepers , or deputy of the said officers or keepers , that the said officer or officers his or their under officers or keepers or deputies , shall within three days after the service thereof , as aforesaid ( unless the commitment aforesaid were for treason or felony , plainly and specially expressed in the warrant of commitment ) upon payment or tender of the charges of bringing the said prisoner to be ascertained be the judge or court that awarded the same , and endorsed upon the said writ , not exceeding twelve pence per mile , and upon security given by his own bond to pay the charges of carrying back the prisoner , if he shall be remanded by the court or judge , to which he shall be brought , according to the true intent of this present act , and that he will not make any escape by the way , make return of such writ . ( ) and bring or cause to be brought the body , of the party so committed or restrained , unto , or before , the lord chancellor , or lord keeper of the great seal of england for the time being , or the judges or barons of the said court from whence the said writ shall issue , or unto and before such other person or persons before whom the said writ is made returnable , according to the command thereof : ( ) and shall then likewise certifie the true causes of his detainer , or imprisonment , unless the commitment of the said party be in any place beyond the distance of twenty miles from the place or places , where such court or person is or shall be residing : and if beyond the distance of twenty miles , and not above one hundred miles , than within the space of twenty days after such the delivery aforesaid , and not longer . iii. and to the intent that no sheriff , goaler , or other officer may pretend ignorance of the import of any such writ . ( ) be it enacted by the authority aforesaid , that all such writs shall be marked in this manner , perstatutum tricesimo primo caroli secundi regis , and shall be signed by the person that awards the same . ( ) and if any person or persons shall be , or stand committed or detained as aforesaid , for any crime , unless , for fel●ny or treason , plainly expressed in the warrant of commitment , in the vacation time , and out of term , it shall and may be lawful to and for the person or persons so committed or detained ( other than persons convict , or in execution ) by legal process , or any one on his or their behalf to appeal , or complain to the lord chancellor , or lord keeper , or any one of his majesties justices either of the one bench , or of the other , or the barons of the exchequer of the degree of the coif . ( ) and the said lord chancellor , lord keeper , instices , or barons , or any of them , upon view of the copy or copies of the warrant or warrants of commitment and detainer , or otherwise upon oath made , that such copy or copies were denied to be given by such person or persons , or any on his , her , or their behalf , attested and subscribed by two witnesses , who were present at the delivery of the same , to award and grant an habeas corpus under the seal of such court whereof he shall then be one of the judges . ( ) to be directed to the officer or officers in whose custody the party so committed or detained , shall be returnable immediately before the said lord chancellor or lord keeper , or such justice , baron , or any other justice or baron of the degree of the coif of any of the said courts . ( ) and upon service thereof as aforesaid , the officer or officers , his or their under officer or under officers , under keeper or under keepers , or deputy to whose custody the party is so committed or detained , shall within the times respectively before limited , bring such prisoner or prisoners before the said lord chancellor or lord keeper , or such justices , barons , or one of them , before whom the said writ is made return able , and in case of his absence , before any other of them , with the return of such writ , and the true causes of the commitment , and detainer . ( ) and thereupon within two days after the party shall be brought before them , the said lord chancellor or lord keeper , or such justice or baron before whom the prisoner shall be brought as aforesaid , shall discharge the said prisoner from his imprisonment , taking his or their recognizance , with one or more surety or sureties in any sum , according to their discretion , having regard to the quality of the prisoner , and nature of the offence , for his or their appearance in the court of kings bench the term following , or at the next assizes , sessions , or general goal-delivery of and for such county , city , or place , where the commitment was , or where the offence was committed , or in such other court where the said offence is properly recognizable , as the case shall require , and then shall certifie the said writ , with the return thereof , and the said recognizance or recognizances , into the said court , where such appearance is to be made . ( ) unless it shall appear , unto the said lord chancellor , or lord keeper , or justice or justices , baron or barons , that the party so committed is detained upon a legal process , order , or warrant out of some court that hath jurisdiction of criminal matters , or by some warrant signed and sealed with the hand and seal of any of the said justices or barons , or some justice or justices of the peace , for such matters or offences for the which by the law the prisoner is not bailable . iv. provided always , and be it enacted , that if any person shall have wilfully neglected by the space of two whole terms after his imprisonment , to pray a habeas corpus for his enlargement , such person so wilfully neglecting , shall not have any habeas corpus to be granted in vacation time in pursuance of this act. v. be it further enacted by the authority aforesaid , that if any officer or officers , his or their under-officer , under-officers , under-keeper , or under-keepers , or deputy , shall neglect or refuse to make the returns aforesaid , or to bring the body or bodies of the prisoner or prisoners according to the command of the said writ , within the respective times aforesaid , or upon demand made by the prisoner , or person in his behalf ; shall resuse to deliver or within the space of six hours after demand , shall not deliver to the person so demanding , a true copy of the warrant or warrants of commitment and detainer of such prisoner , which he or they are hereby required to deliver accordingly , all and every the head gaolers , and keepers of such prisons , and such other person , in whose custody the prisoner shall be detained , shall for the first offence forfeit to the prisoner or party grieved . the sum of one hundred pounds ; ( . ) and for the second offence , the sum of two hundred pounds , and shall and is hereby made incapable to hold or execute his said office ; ( . ) the said penalties to be recovered by the prisoner or party grieved , his executors or administrators , against such offenders , his executors or administrators , by any action of debt , suit , bill , plaint or information , in any of the king's courts at westmin . wherein no essoign , protection , priviledge injunction , wager of law , or stay of prosecution by non vult ulterius prosequi , or otherwise , shall be admitted or allowed , or any more than one imparlance ( . ) and any recovery or judgment at the suit of any party grieved , shall be a sufficient conviction for the first offence ; and any after recovery or judgment at the suit of a party grieved for any offence after the first judgment , shall be a sufficient conviction to bring the officers or person within the said penalty for the second offence . . and for the prevention of unjust vexation by reiterated commitments for the same ; ( . ) be it enacted by the authority aforesaid , that no person or persons which shall be delivered or set at large upon any habeas corpus , shall at any time hereafter be again imprisoned or committed for the same offence , by any person or persons whatsoever , other than by the legal order , and process of such court wherein he , or they shall be bound by recognizance to appear , or other court having jurisdiction of the cause ; ( . ) and if any other person or persons shall knowingly contrary to this act recommit , or imprison , or knowingly procure or cause to be recommitted or imprisoned for the same offence , or pretended offence , any person or persons delivered or set at large as aforesaid , or be knowingly aiding or assisting therein , then he or they shall forfeit to the prisoner or party greived , the sum of five hundred pounds , any colourable pretence or variation in the warrant or warrants of commitment notwithstandin , to be recovered as aforesaid . . provided alwayes , and be it further enacted , that if any person or persons shall be committed for high treason or felony , plainly and specially expressed in the warrant of commitment , upon his prayer or petition in open court the first week of the term , or first day of the sessions of oyer and terminer , or general gaol delivery , to be brought to his tryal , shall not be indicted sometime in the next term , sessions of oyer and terminer , or general gaol delivery after such commitment , it shall and may be lawful to and for the judges of the court of kings bench , and justices of oyer and terminer , or general gaol delivery , and they are hereby required upon motion to them made in open court the last day of the term , sessions , or gaol delivery , either by the prisoner , or any one in his behalf , to set at liberty the prisoner upon bail , unless it appear to the judges and justices upon oath made , that the witnesses for the king could not be produced the same term , sessions or general gaol delivery ; ( . ) and if any person or persons committed as aforesaid , upon his prayer or petition in open court , the first week of the term , or first day of the sessions of oyer and terminer , and general gaol delivery , to be brought to his tryal , shall not be indicted and tryed the second term , sessions of oyer and terminer , or general gaol delivery after his commitment , or upon his tryal shall be acquitted , he shall be discharged from his imprisonment . . provided alwaies , that nothing in this act shall extend to discharge out of prison any person charged in debt , or other action , or with process in any civil cause , but that after he shall be discharged of his imprisonment for such his criminal offence , he shall be kept in custody according to law , for such other suit . . provided alwaies , and be it enacted by the authority aforesaid , that if any person or persons sub●ects of this realm , shall be committed to any prison , or in custody of any officer or officers whatsoever , for any criminal , or supposed criminal matter , that the said person shall not be removed from the said prison and custody , into the custody of any other officer or officers , ( . ) unless it be by habeas corpus , or some other legal writ ; or where the prisoner is delivered to the constable or other inferiour officer to carry such prisoner to some common gaol ; ( . ) or where any person is sent by ●rder of any judge of assize , or justice of the peace ●o any common workhouse , or house of correction ; ( . ) or where the prisoner is removed from one prion or place to another within the same county , in order to his or her tryal or discharge in due course of law ; ( . ) or in case of sudden fire or infection , ●r other necessity ; ( . ) and if any person or persons ●hall after such commitment aforesaid , make out and ●ign , or countersign any warrant or warrants for ●uch removal aforesaid , contrary to this act , as well ●e that makes or signs or countersigns such warrant or warrants as the officer or officers , that obey or execute the same , shall suffer , and incur the pains , and forfeitures in this act before-mentioned , both for the first and second offence respectively , to be recovered in manner aforesaid by the party grieved . . provided also , and be it further enacted by the authority aforesaid , that it shall and may be lawful to and for any prisoner and prisoners as aforesaid , to move , and obtain his or their habeas corpus , as well out of the high court of chancery , or court of exchequer , as out of the courts of kings bench , or common pleas , or either of them ; ( . ) and if the said lord chancellour , or lord keeper , or any judge or judges , baron or barons for the time being , of the degree of the coif of any of the courts aforesaid in the vacation time , upon view of the copy or copies of the warant or warants of commitment or detainer , or upon oath made , that such copy or copies were denied as aforesaid , shall deny any writ of habeas corpus by this act required to be granted , being moved for as aforesaid , they shall severally forfeit to the prisoner or party grieved , the sum of five hundred pounds , to be recovered in manner aforesaid . . and be it enacted , and declared by the authority aforesaid , that an habeas corpus according to the true intent and meaning of this act , may be directed , and run into any county palatine , the cinqu●… ports or other priviledged places within the kingdom of engl. dominion of wales , or town of berwick upon tweed , and the isles of jersey , or guernsey ; any law or usage to the contrary notwithstanding . . and for preventing illegal imprisonments in prisons beyond seas ( . ) be it further enacted by the authority aforesaid , that no subject of this realm that now is , or hereafter shall be an inhabitant or resiant of this kingdom of england , dominion of wales ▪ or town of berwick upon tweed , shall or may be sent prisoner into scotland , ireland , jersey , guernsey , tangier , or into any parts , garrisons , islands , or places beyond the seas , which are , or at any time hereafter , shall be within or without the dominions of his majesty , his heirs or successours , ( . ) and that every such imprisonment is hereby enacted and adjudged to be illegal ; ( . ) and that , if any of the said subjects now is , or hereafter shall be so imprisoned , every such person and persons so imprisoned , shall and may for every such imprisonment , maintain by vertue of this act , an action or actions of false imprisonment , in any of his majesties courts of record , against the person or persons by whom he or she shall be so committed , detained , imprisoned , sent prisoner , or transported contrary to the true meaning of this act , and against all or any person or persons that shall frame , contrive , write , seal , or countersign any warrant or writing for such commitment , detainer , imprisonment , or transportation , or shall be advising , aiding , or assisting in the same , or any of them ; ( . ) and the plaintiff in every such action shall have judgment to recover his treble costs , besides damages ; which damages so to be given , shall not be less than five hundred pounds ; ( . ) in which action , no delay , stay or stop of proceeding , by rule , order , or command , nor no injunction , protection , or priviledge whatsoever , nor any more than one imparlance shall be allowed , excepting such rule of the court wherein the action shall depend , made in open court , as shall be thought in justice necessary , for special cause to be expressed in the said rule ; ( . ) and the person or persons who shall knowingly frame , contrive , write , seal or countersign any warrant for such commitment , detainer , or transportation , or shall so commit , detain , imprison , or transport any person or persons contrary to this act , or be any waies advising , aiding or assisting therein being lawfully convicted thereof , shall be disabled from thenceforth to bear any office of trust or profit within the said realm of england , dominion of wales , or town of berwick upon tweed , or any of the islands , territories or dominions thereunto belonging . ( . ) and shall incur and sustain the pains , penalties and forfeitures limited , ordained , and provided in and by the statute of provision and premunire , made in the sixteenth year of king richard the second . ( . ) and be incapaple of any pardon from the king , his heirs or successours , of the said forfeitures , losses , or disabilities , or any of them . . provided alwaies , that nothing in this act extend to give benefit to any person who shall by contract in writing agree with any merchant , or owner , of any plantation , or other person whatsoever , to be transported to any parts beyond the seas , and receive earnest upon such agreement , although that afterwards such person shall renounce such contract . . provided alwaies , and be it enacted , that if any person or persons lawfully convicted of any felony , shall in open court pray to be transported beyond the seas , and the court shall think fit to leave him or them in prison , for that purpose such person or persons may be transported into any parts beyond the seas ; this act or any thing therein contained to the contrary notwithstanding . . provided also , and be it enacted , that nothing herein contained , shall be deemed , construed , or taken to extend to the imprisonment of any person before to first day of june , one thousand six hundred seventy and nine , or to any thing advised , procured , or otherwise done , relating to such imprisonment ; any thing herein contained to the contrary notwithstanding . . provided also , that if any person or persons at any time resiant in this realm , shall have committed any capital offence in scotl. or ireland , or any of the islands , or foreign plantations of the king his heirs or successours , where he or she , ought to be tryed for such offence , such person or persons may be sent to such place there to receive such tryal , in such manner as the same might have been used before the making of this act ; any thing herein contained to the contrary notwithstanding . . provided alwayes , and be it enacted , that no person or persons shall be sued , impleaded , molested or troubled for any offence against this act , unless the party offending be sued or impleaded for the same within two years at the most after such time wherein the offence shall be committed in case the party grieved shall not be then in prison , and if he shall be in prison , then within the space of two years after the decease of the person imprisoned , or his , or her delivery out of prison , which shall first happen . . and to the intent no person may avoyd his tryal at the assizes , or general gaol delivery , by procuring his removal before the assizes at such time as he cannot be brought back to receive his tryal there ; ( . ) be it enacted , that after the assizes proclaimed for thatcounty where the prisoner is detained , no person shall be removed from the common gaol upon any habeas corpus granted in pursuance of this act , but upon any such habeas corpus , shall be brought before the judge os assize in open court , who is thereupon to do what to justice shall appertain . . provided nevertheless , that after the assizes are ended , any person or persons detained may have his or her habeas corpus according to the direction and intention of this act. . and be it also enacted by the authority aforesaid , that if any information , suit , or action shall be brought or exhibited against any person or persons for anyoffence committed , or to be committed against the form of this law , it shall be lawful for such defendants to plead the general issue , that they are not guilty , or that they own nothing , and to give such special matter in evidence to the jury that shall try the same , which matter being pleaded , had been good & sufficent in law to have discharged the said defendant or defendants against the said information , suit or action , & the said matter shall be then as available to him or them , to all intents and purposes , as if he or they had sufficiently pleaded , set forth or alledged the same matter in bar or discharge of such information , suit or action . . and because many times persons charged with petty treason or felony , or as accessaries thereunto are committed upon suspition only , whereupon they are bailable , or not , according as the circumstances making out that suspition are more or less weighty , which are best known to the justices of peace that committed the persons , and have the examinations before them , or to other justices of the peace in the county : ( . ) be it therefore enacted , that where any person shall appear to be committed by any judge , or justice of the peace , and charged as accessary before the fact , to any petty treason or felony , or upon suspicion thereof , or with suspicion of petty treason or felony , which pettytreason or felony shall be plainly & specially expressed in the warrant of commitment , that such person shall not be removed or bailed by vertue of this act , or in any other manner than they might have been before the making of this act. the comment . there are three things , which the law of england ( which is a law of mercy ) principally regards and taketh care of , viz. life , liberty and estate . next to a man's life , the nearest thing that concerns him , is freedom of his person , for indeed what is imprisonment , but a kind of civil death ? therefore saith fortescue cap. . angliae jura in omni casu libercati dant favorem . the laws of england do in all cases favour liberty . touching commitments , and what is required to make a legal mittimus , see before pag. . the writ of habeas corpus is a remedy given by the common law for such as were unjustly detained in custody , to procure their liberty : but before this statute , was rendred far less useful than it ought to be partly by the judges , pretending a power to grant , or deny the said writ at their pleasure , in many cases , and especially by the ill practises of sheriffs and gaolers , by putting the prisoner to the charge and trouble of an alias and pluries ( that is a second and third writ , before they would obey the first , for there was no penalty till the third ) and then at last the judges would oft-times alleadge , that they could not take bail , because the party was a prisoner of state , &c. therefore to remedy all those mischiefs , this most wholsome law was provided . which we shall briefly endeavour to divide into its several branches , and explain it to the meanest capacities , since no man is sure but one time or other , he may have occasion to make use of it . this act concerneth either first , persons committed for some other criminal , or supposedcriminal matter , ( besides treason or felony , ) and these are to have an habeas corpus immediately ; ly . such who in their mittimus are charged with treason or felony , & these shall have the benefit of the said writ after the time herein limited . st . if any gaoler or under-keeper shall not deliver a truecopy of the mittimus within hours after the prisoner demands it , the head-gaoler or keeper forfeits to the prisoner for the first offence l . for the second offence l . and loses his place . nor is there any fee to be paid for the same , the turn-key must deliver it at his peril . and note if the prisoner should be lockt up , or none suffered to come at him , any friend of his may demand the same on his behalf . . whatever the criminal matter be , if treason or felony be not expresly charged , any person on the prisoners behalf , carrying such true copy of the commitment to the lord chancellor , or any one of the judges , or barons of the exchequer , or upon oath made that a copy was demanded and denied , he shall grant an habeas corpus , or forfeit l . to the prisoner ; but note , the request must be made to such judge in writing , and attested by two witnesses . . if the sheriff or gaoler do not carry up the prisoner and return the true causes of his detainour , within three days , if under twenty miles distance , or within ten daies if above twenty , and under an hundred miles , or within twenty daies if above an hundred miles , he forfeits l . to the prisoner . note the prisoner must pay the charges of his carrying up , and the judge when he grants the writ , may order how much , but it must not be above d. a mile . if upon the return of such habeas corpus , it appear the prisoner is not charged with treason or felony , specially and plainly expressed , or for such matters , as by law are not bailable , the judge shall discharge the prisoner upon bail. . if a person once so bailed out , shall again be imprisoned for the same offence , those that do it forfeit l. . if there be high treason or felony plainly and specially expressed [ that is , not only generally , for treason or felony , but treason in conspiring to kill the king , or in counterfeiting the king's coin , or felony , for stealing the goods of such an one to such a value , &c. ] then the prisoner cannot have his habeas corpus ; till first he has on the first week of the term , or first day of sessions of oyer and terminer , or general gaol-delivery petitioned in open court to be brought to his tryal ; and then if he be not brought to tryal the next term , or sessions following , on the last day thereof , he shall be bailed ; and if not indicted the second term or sessions , shall be discharged . . this act extends to all places within england ? and wales ; the tower cannot be supposed to be exempted , nor windsor castle , nor any such royal forts ; for the words are general : and besides , there is a special act of parliament , that unites the king's castles to the counties wherein they stand ; there having been it seems some pretensions and ill practices to hold them district , that therein they might detain men prisoners against law , and not admit any writ to enlarge them . for remedy whereof it was thus enacted ; anno . rich. secundi . item . it is ordained and assented , that the king's castles and gaols which were wont to be joyned to the bodies of the counties , and be now severed , shall be rejoyned to the same counties . lastly , no person shall be sent prisoner out of england or wales , into scotland , ireland , jersey , guernsey , tangier , or any other place beyond the seas . the proviso's and other clauses of this act may be easily apprehended by the meanest capacities . and , as the law provides thus for our liberty , so it takes care , that those that are in custody , shall not be abused or oppressed ; to which purpose i shall here insert so much as is material & necessary to be known by all persons , who are so unhappy as to be prisoners , out of the statute of the d . and d . car. . cap. . the words wereof are as follows : whereas . persons that are under arrests , or committed to the custody of sheriffs , bailiffs , gaolers , keepers of prisons , or gaols , are much abused and wronged by extorting of great fees , rewards , and other exactions , and put to great expences under pretences of favour , or otherwise , whereby they are greatly oppressed , and many times ruined in their estates . ( . ) for remedy thereof , be it enacted by the authority aforesaid , that if any under-sheriff , bailiff , serjeant at mace , or other officer or minister whatsoever , shall at any time or times hereafter have in his or their custody , any person or persons by vertue or colour of any writ , process , or other warrant whatsoever , it shall not be lawful for such officer or officers , to convey or carry , or cause to be conveyed or carried the said person or persons to any tavern , ale-house , or other publick victualling or drinking-house , without the free and voluntary consent of the said person or persons , so as to charge such prisoner with any sum of money for any wine , beer , ale , victuals , tobacco , or any other things whatsoever , but what the said person or persons shall call for , of his , her , or their own accord , ( , ) and shall not demand , take or receive , or cause to be demanded , taken or received , directly or indirectly , any other , or greater sum or sums than what by law ought to be taken or demanded for such arrest , taking , or waiting ( until such person or persons shall have procured an appearance , found bail , agreed with his or their adversaries , or be sent to the proper gaol belonging to the county , city , town or place where such arrest or taking shall be , ) ( . ) nor take and exact any other reward or gratuity for so keeping the said person or persons out of the gaol or prison , than what he , she or they shall or will of his , her , or their own accord , voluntarily and freely give . ( , ) nor take , nor receive any other , or greater sum or sums for each nights lodging , or other expences , than what is reasonable and fitting in such cases , or shall be so adjudged by the next justice of the peace , or at the next quarter-sessions . ( . ) and shall not cause or procure the said person or persons , to pay for any other wine , beer , ale , victuals , tobacco , or other things , than what the said person or persons shall voluntarily , freely , and particularly call for . and that every under-sheriff , gaoler , keeper of prison or gaol , and every person or persons whatsoever , to whose custody any person or persons shall be delivered or commited , by virtue of any writ of process , or any pretence whatsoever , shall permit and suffer the said person or persons , at his and their will and pleasure , to send for , and have any beer , ale , victuals , and other necessary food , where , and from whence they please ; and also to have and use such bedding , linnen , and other things , as the said person or persons shall think fit , without any purloyning , detaining or paying for the same , or any part thereof ; nor shall demand , take or receive of the said person or persons , any other , or greater fee or fees whatsoever , for his , her , or their commitment , release or discharge ; or for his , her , or their chamber-rent , than what is allowable by law , untill the same shall be settled by three justices of the peace , whereof one to be of the quorum , of each particular county , city and town corporate , in their several precincts ; and for the city of london , and counties of middlesex and surrey , the two lord chief justices of the kings's-bench and common-pleas , and the lord chief baron , or any two of them , and the justices of the peace of the same , in their several jurisdictions . and likewise that the said lord chief justice , lord chief baron , and justices of the peace in their several jurisdictions , and all commissioners for charitable uses , do their best endeavours , and diligence to examine , and finde out the several legacies , gifts and bequests bestowed and given for the benefit and advantage of the poor prisoners for debt , in the several gaols and prisons in this kingdom , and to send for any deeds , wills , writings , and books of accompts whatsoever ; and any person or persons concerned therein , and to examine them upon oath , to make true discovery thereof ( which they have full power and authority hereby to do ) and the same so found out and ascertained , to order and settle in some manner and way , that the prisoners hereafter may not be defrauded , but receive the full benefit thereof , according to the true intent of the donors . and that these accounts of the several legacies , gifts and bequests , given and bestowed upon the several prisoners for debt , within this kingdom , and the several rates of fees , and the future government of prisons , be signed and confirmed by the lord chief justices , and lord chief baron , or any two of them for the time being , and the justices of the peace in london , middlesex and surrey ; and by the judges for the several circuits , and justices of the peace for the time being , in their several precincts , and fairly written and hung up in a table in every gaol and prison , before the first day of november , . and likewise be registred by each , and every clerk of the peace within his or their particular jurisdiction : and after such establishment , no other or greater fee or fees than shall be so established , shall be demanded or received . and whereas it is become the common practice of gaolers , and keepers of newgate , the gate-house at westminster , and sundry other gaols and prisons , to lodge together in one room , or chamber and bed , prisoners for debt , and felons , whereby many times honest gentlemen , trades-men and others , prisoners for debt , are disturbed and hindered in the night-time from their natural rest , by reason of their fetters and irons , and otherwise much offended and troubled by their lewd and prophane language and discourses , with most horrid cursing and swearing ( much accustomed to such persons ; ) ( . ) be it enacted by the authority aforesaid , that it shall not be lawful hereafter for any sheriff , gaoler , or keeper of any gaol or prison , to put , keep or lodge prisoners for debt , and felons together in one room or chamber ; but that they shall be put , kept , and lodged separate and apart one from another , in distinct rooms , ( . ) upon pain that he , she , or they which shall offend against this act , or the true intent and meaning thereof , or any part thereof , shall forfeit and lose his or her office , place or imployment , and shall forfeit treble damages to the party grieved , to be recovered by vertue of this act , any law , statute , usage or custom to the contrary in any wise notwithstanding . and to the end that english-men may more entirely enjoy their due freedoms , the prudence of our legislators have thought fit from time to time to remove encroachments thereupon , though under pretence of jurisdictions and courts of justice ; and to prohibit any exorbitant arbitrary power for the future , but that all things may be left to the calm and equal proceedings of law ; and that most excellent method of trial by juries , one of the principal bulwarks of england's liberties . for an instance hereof , take the act following . an act for regulating of the privy council , and for taking away the court commonly called the star-chamber . vvhereas by the great charter many times confirmed in parliament , it is enacted , that no freeman shall be taken or imprisoned , or disseized of his freehold or liberties , or free customs , or be outlawed or exiled , or otherwise destroyed ; and that the king will not pass upon him , or condemn him , but by lawful judgment of his peers , or by the law of the land : ( . ) and by another statute made in the fifth year of the reign of king edward , it is enacted , that no man shall be attached by any accusation , nor fore-judged of life or limb , nor his lands , tenements , goods nor chattels seized into the king's hands against the form of the great charter , and the law of the land : ( . ) and by another statute made in the five and twentieth year of the reign of the same king edward the third , it is accorded , assented , and established , that none shall be taken by petition , or suggestion made to the king , or to his council , unless it be by indictment or presentment of good and lawful people of the same neighbourhood , where such deeds be done , in due manner , or by process made by writ original at the common law ; and that none be put out of his franchise or freehold , unless he be duly brought in to answer , and fore-judged of the same by the course of the law : and if any thing be done against the same , it shall be redressad , and holden for none : ( . ) and by another statute made in the eight and twentieth year of the reign of the same king edward the third , it is amongst other things enacted , that no man of what estate or condition soever he be , shall be put out of his lands or tenements , nor taken , nor imprisoned , nor dis-inherited , without being brought in to answer by due process of law : ( . ) and by another statute made in the two and fortieth year of the reign of the said king edward the third , it is enacted , that no man be put to answer without presentment before justices , or matter of record , or by due process and writ original , according to the old law of the land ; and if any thing be done to the contrary , it shall be void in law , and holden for errour : ( . ) and by another statute in the six and thirtieth year of the reign of the same king edward the third , it is amongst other things enacted , that all pleas which shall be pleaded in any courts before any of the king's justices , or in his other places ; or before any of his other ministers , or in the courts and places of any other lords within the realm , shall be entred and enrolled in latine : ( . ) and whereas by the statute made in the third year of king henry the seventh , power is given to the chancellor , the lord treasurer of england , for the time being , and the keeper of the kings privy seal , or two of them , calling unto them a bishop , and a temporal lord of the king 's most honourable council , and the two chief justices of the king's bench and common pleas for the time being , or other two justices in their absence , to proceed as in that act is expressed , for the punishment of some particular offences therein mentioned : ( . ) and by the statute made in the one and twentyeth year of king henry the eighth , the president of the council is associated to joyn with the lord chancellour , and other judges in the said statute of the third of henry the seventh mentioned : ( . ) but the said judges have not kept themselves to the points limited by the said statute , but have undertaken to punish where no law doth warrant , and to make decrees for things having no such authority , and to inflict heavier punishments than by any law is warranted . . and forasmuch as all matters examinable or determinable before the said judges , or in the court commonly called the star-chamber , many have their proper remedy and address , & their due punishment and correction by the common law of the land , and in the ordinary course of justice elsewhere : ( . ) and forasmuch as the reasons and motives inducing the erection and continuance of that court do now cease ; ( . ) and the proceedings , censures and decrees of that court , have by experience been found to be an intollerable burthen to the subject , and the means to introduce an arbitrary power and government : ( . ) and forasmuch as the council-table hath of late times assumed unto it self a power to intermeddle in civil , and matters only of private interest between party and party , & have adventured to determin of the estates and liberties of the subjects , contrary to the law of the land , and the rights and priviledges of the subject , by which great and manifold mischiefs and inconveniences have arisen and happened , and much incertainty by means of such proceedings hath been conceived concerning mens rights and estates ; for settling whereof , and preventing the like in time to come ; . be it ordained and enacted by the authority of this present parliament , that the said court commonly called the star-chamber , and all jurisdiction , power and authority belonging unto , or exercised in the same court , or by any the judges , officers or ministers thereof , be from the first day of august , in the year of our lord god , one thousand six hundred forty and one clearly and absolutely dissolved , taken away and determined ; ( . ) and that from the said first day of august , neither the lord chancellour or keeper of the great seal of england , the lord treasurer of england , the keeper of the kings privy seal , or president of the council , nor any bishop , temporal lord , privy councellour , or judge , or justice whatsoever , shall have any power or authority to hear , examine or determine any matter or thing whatsoever in the said court commonly called the star-chamber , or to make , pronounce , or deliver any judgment , sentence , order or decree ; or to do any judicial or ministerial act in the said court : ( . ) and that all and every act and acts of parliament , and all and every article , clause , and sentence in them , and every of them , by which any jurisdiction , power or authority is given , limited or appointed , unto the said court commonly called the star-chamber , or unto all , or any the judges , officers or ministers thereof , or for any proceedings to be had or made in the said court , or for any matter or thing to be drawn into question , examined or determined there , shall for so much as concerneth the said court of star-chamber , and the power and authority thereby given unto it , be from the said first day of august repealed and absolutely revoked and made void . . and be it likewise enacted , that the like jurisdiction now used and exercised in the court before the president and council in the marches of wales ; ( . ) and also in the court before the president and council established in the northern parts ; ( . ) and also in the court commonly called , the court of the dutchy of lancaster , held before the chancellour and council of that court ; ( . ) and also in the court of exchequer of the county palatine of chester , held before the chamberlain and council of that court ; ( . ) the like jurisdiction being exercised there , shall from the said first day of august , one thousand six hundred , forty and one , be also repealed and absolutely revoked , and made void , any law , prescription , custom or usage , or the said statute made in the third year of king henry the seventh , or the statute made the one and twentieth of henry the eighth , or any act or acts of parliament heretofore had or made , to the contrary thereof in any wise notwithstanding : ( . ) and that from henceforth no court , council , or place of judicature shall be erected , ordained , constituted or appointed within this realm , of england , or dominion of wales , which shall have , use or exercise , the same , or the like jurisdiction , as is or hath been used , practised , or exercised in the said court of star-chamber . . be it likewise declared and enacted by authority of this present parliament , that neither his majesty , nor his privy council , have or ought to have any jurisdiction , power or authority by english bill , petition , articles , libel , or any other arbitrary way whatsoever , to examine or draw into question , determine or dispose of the lands , tenements , hereditaments , goods , or chattels of any of the subjects of this kingdom ; but that the same ought to be tryed and determined in the ordinary courts of justice , and by the ordinary course of the law. . and be it further provided and enacted , that if any lord chancellor , or keeper of the great seal of england , lord treasurer , keeper of the kings privy seal , president of the council , bishop , temporal lord , privy councillor , judge or justice whatsoever , shall offend , or do any thing contrary to the purport , true intent and meaning of this law , then he or they shall for such offence forfeit the sum of five hundred pounds of lawful money of england , unto any party grieved , his executors or administrators , who shall really prosecute for the same , and first obtain judgment thereupon , to be recovered in any court of record at westminster , by action of debt , bill , plaint , or information , wherein no essoign , protection , wager of law , aid-prayer , priviledge , injunction or order of restraint , shall be in any wise prayed , granted or allowed ; nor any more than one imparlance : ( . ) and if any person against whom any such judgment or recovery shall be had as aforesaid , shall after such judgment or recovery , offend again in the same , then he or they for such offence shall forfeit the sum of one thousand pounds of lawful money of england , unto any party grieved , his executors or administrators , who shall really prosecute for the same , and first obtain judgment thereupon , to be recovered in any court of record at westminster , by action of dept , bill , plaint , or information , in which no essoign , protection , wager of law , aid-prayer , priviledge , injunction or order of restraint , shall be in any wise prayed , granted or allowed ; nor any more than one imparlance : ( . ) and if any person against whom any such second judgment or recovery shall be had as aforesaid , shall after such judgment or recovery , offend again in the same kind , and shall be thereof duly convicted by indictment , information , or any other lawful way or means , that such person so convicted , shall be from thenceforth disabled , and become by virtue of this act incapable , ipso facto , to bear his and their said office and offices respectively ; ( . ) and shall be likewise disabled to make any gift , grant , conveyance , or other disposition of any of his lands , tenements , hereditaments , goods or chattels ; or to take any benefit of any gift , conveyance or legacy to his own use . . and every person so offending shall likewise forfeit and lose to the party grieved , by any thing done contrary to the true intent and meaning of this law , his treble damages , which he shall sustain and be put unto , by means or occasion of any such act or thing done , the same to be recovered in any of his majesties courts of record at westminster , by action of debt , bill , plaint , or information , wherein no essoign , protection , wager of law , aid-prayer , priviledge , injunction , or order of restraint , shall be in any wise prayed , granted or allowed , nor any more than one imparlance . . and be it also provided and enacted , that if any person shall hereafter be committed , restrained of his liberty , or suffer imprisonment , by the order or decree of any such court of star-chamber , or other court aforesaid , now , or at any time hereafter , having , or pretending to have the same or like jurisdiction , power , or authority to commit or imprison as aforesaid : ( . ) or by the command or warrant of the king's majesty , his heirs and successors in their own person , or by the command or warrant of the council-board ; or o● any of the lords or others of his majesties privy council : ( . ) that in every such case , every person so committed , restrained of his liberty , or suffering imprisonment , upon demand or motion made by his council , or other imployed by him for that purpose , unto the judges of the court of king's-bench , or common-pleas in open court , shall without delay , upon any pretence whatsoever , for the ordinary fees usually paid for the same , have forthwith granted unto him a writ of habeas corpus , to be directed generally unto all and every sheriffs , gaoler , minister , officer , or other person in whose custody the person committed or restrained shall be : ( . ) and the sheriffs , gaoler , minister , officer , or other person , in whose custody the party so committed or restrained shall be , shall at the return of the said writ , and according to the command thereof , upon due and convenient notice thereof given unto him , at the charge of the party who requireth or procureth such writ , and upon security by his own bond given , to pay the charge of carrying back the prisoner , if he shall be remanded by the court to which he shall be brought ; as in like cases hath been used , such charges of bringing up , and carrying back the prisoner , to be alwaies ordered by the court , if any difference shall arise thereabout , bring or cause to be brought the body of the said party so committed or restrained unto , and before the judges or justices of the said court , from whence the same writ shall issue , in open court : ( . ) and shall then likewise certifie the true cause of such his detainour or imprisonment , and thereupon the court within three court-daies after such return , made and delivered in open court , shall proceed to examine and determine , whether the cause of such commitment appearing upon the said return , be just and legal , or not , and shall thereupon do what to justice shall appertain , either by delivering , bailing , or remanding the prisoner : ( . ) and if any thing shall be otherwise wilfully done , or omitted to be done by any judge , justice , officer , or other person aforementioned , contrary to the direction and true meaning hereof , then such person so offending shall forfeit to the party grieved , his treble damages , to be recovered by such means , and in such manner as is formerly in this act limited and appointed for the like penalty to be sued for and recovered . . provided alwayes , and be it enacted , that this act , and the several clauses therein contained , shall be taken and expounded to extend only to the court of star-chamber : ( . ) and to the said courts holden before the president and council in the marches of wales : ( . ) and before the president and council in the northern parts : ( . ) and also to the court commonly called the court of the dutchy of lancaster , holden before the chancellor and council of that court : ( . ) and also in the court of exchequer , of the county palatine of chester , held before the chamberlain , and council of that court : ( . ) and to all courts of like jurisdiction to be hereafter erected , ordained , constituted , or appointed as aforesaid ; and to the warrants and directions of the council-board , and to the commitments , restraints and imprisonments of any person or persons made , commanded or awarded by the king's majesty , his heirs or successors in their own person , or by the lords and others of the privy-council , and every one of them . and lastly , provided and be it enacted , that no person or persons shall be sued , impleaded , molested or troubled for any offence against this present act , unless the party supposed to have so offended shall be sued or impleaded for the same within two years at the most after such time , wherein the said offence shall be committed . the comment . the court of star-chamber ( so called , because held in a chamber at westminster , the roof of which is garnisht with golden stars ) was not originally erected , but confirmed and establisht by the stat. of the h. . ca. . for there had before been some such jurisdiction , as cook observes . instit . fo . . yet there is reason to believe , that it grew up rather by connivance and usurpation , than any due course of law. the crimes it pretended to punish were the exorbitant offences of great men , ( whom inferiour judges and jurors ( though they should not ) would in respect of their greatness be afraid to offend ) bribery , extortion , maintenance , champerty , imbracery , forgery , perjury , libelling , challenges , duels , &c. their proceedings were by english bill , and process under the great seal ; and the punishments by them inflicted were fines , imprisonment , pillory , cutting off ears , &c. but whatever pretences there were for the setting up this court at first , 't is certain it was made use of as a property of arbitrary power to crush any whom the ruling ministers and favourites had a mind to destroy ; and indeed there were three things in the very nature of this court , which were destructive to the original constitution of our english government and liberties . . they proceeded without juries . . they pretended to a power to examine men upon their oaths touching crimes by them supposed to be committed , which is contrary to all law and reason ; for , nemo tenetur seipsum accusare : no man is bound to accuse himself . . the judges of this court proceeded by no known law or rules , but were left at liberty to act arbitrarily , and according to their own pleasures ; whereas the law of engl. hates to leave to any such an unlimited power , but as it marks out the several species of crimes , such or such an act shall be treason ; this felony , that petty larceny , &c. so it awards certain and positive punishments , proportionate to each of them . therefore this court being found a grievance to the subject , was by this act dissolved and taken away . and to the intent nothing of the like kind should by any other name be practised for the future , it is declared and enacted , that the king and his privy council shall not question or dispose of the lands or goods of any subjects : and if they do , each privy counsellor or present forfeits l . to the party grieved . a clause in the act of . car. . c. . whereas by the laws and customs of this realm , the inhabitants thereof cannot be compelled against their wills to receive souldiers into their houses , and to sojourn them there , be it declared and enacted by the authority aforesaid , that no officer , military or civil , nor any other person whatever , shall from henceforth presume to place , quarter or billet any souldier or souldiers upon any subject or inhabitant of this realm , of any degree , quality or profession whatever , without his consent ; and that it shall , and may be lawful for every such subject and inhabitant , to refuse to sojourn or quarter any souldier or souldiers , notwithstanding any command , order , warrant or billeting whatever . having thus recited several of the most material statutes provided by the care and wisdom of our ancestors and prudent legislators for the guarding and securing our english liberties , i shall now for the reader 's information , proceed to add certain other laws of another nature ; and first give the reader all the statutes at this day in force against protestant dissenters upon the account of religion ; and secondly , an abstract of all the laws against papists . and in order to the first of these , we begin with a statute touching the writ de excommunicato capiendo , upon which many people have been prosecuted . which act is as followeth : anno quinto reginae elizabethae , ca. . an act for the due execution of the writ de excommunicato capiendo . forasmuch as divers persons offending in many great crimes and offences appertaining meerly to the jurisdiction and determination of the ecclesiastical courts and judges of this realm , are many times unpunished for lack and want of the good and due execution of the writ de excommunicato capiendo , directed to the sheriff of any county , for the taking and apprehending of any such offenders : ( . ) the great abuse whereof , as it should seem , hath grown , for that the said writ is not returnable in any court , that might have the judgment of the well executing and serving of the said writ , according to the contents thereof ; ( . ) but hitherto have been left only to the discretion of the sheriffs and their deputies , by whose negligences and defaults , for the most part , the said writ is not executed upon the offenders as it ought to be . ( . ) by reason whereof , such offenders be greatly encouraged to continue their sinful and criminous life , much to the displeasure of almighty god , and to the great contempt of the ecclesiastical laws of this realm . . wherefore , for the redress thereof , be it enacted by the queens most excellent majesty , with the assent of the lords spiritual and temporal , and the commons in this present parliament assembled , and by the authority of the same ; that from and after the first day of may next coming , every writ of excommunicato capiendo , that shall be granted and awarded , out of the high court of chancery against any person or persons within the realm of england , shall be made in the time of the term ( . ) and returnable before the queen's highness , her heirs , and successors in the court commonly called the king's bench , in the term next after the teste of the same writ ; ( . ) and the same writ shall be made to contain at the least twenty days between the teste and the return thereof ; ( . ) and after the same writ shall be so made and sealed , that then the said writ shall be forthwith brought into the said court of king's bench , and there in the presence of the justices , shall be opened and delivered of record to the sheriffs or other officer , to whom the serving and execution thereof shall appertain , or to his or their deputy or deputies ? ( . ) and if afterward it shall or may appear to the justices of the same court for the time being , that the same writ so delivered of record , be not duty returned before them at the day of the return thereof ; or that any other default or negligence hath been used or bad , in the not well serving and executing of the said writ , that then the justices of the said court shall and may by authority of this act , assess such amerciament upon the said sheriff or other officer in whom such default shall appear , as to the discretion of the said justices shall be thought meet and convenient ; which amerciament so assessed , shall be estreated into the court of exchequer , as other amerciaments have been used . . and he it further enacted by the authority aforesaid , that the sheriff or other officer to whom such writ of excommunicato capiendo , or other process by virtue of this act , shall be directed , shall not in any wise be compelled to bring the body of such person or persons , as shall be named in the said writ or process , into the said court of the king 's beneh at the day of the return thereof ; ( . ) but shall only return the same writ and process thither , with declaration briefly how and in what manner he hath served and executed the same , to the intent that thereupon the said justices may then further therein proceed , according to the tenour and effect of this present act. . and if the said sheriff or other officer to whom the execution of the said writ shall so appertain , do or shall return , that the party or parties named in the said writ , cannot be found within his bailiwick , that then the said justices of the king's bench for the time being , upon every such return , shall award one writ of capias against the said persons or persons named in the said writ of excommunicato capiendo ; ( . ) returnable in the same court in the term-time , two moneths at least next after the teste thereof ; ( . ) with a proclamation to be contained within the said writ of capias , that the sheriff or other officers , to whom the said writ shall be directed , in the full county-court , or else at the general-assizes and goal-delivery to be holden before within the said county , or at a quarter-sessions to be holden before the justices of the peace within the said county , shall make open proclamation ten daies at the least before the return , that the party or parties named in the said writ , shall within six days next after such proclamation , yield his or their body or bodies to the prison of the said sheriff or other such officer , there to remain as a prisoner according to the tenour and effect of the first writ of excommunicato capiendo , upon pain or forfeiture of ten pounds : ( . ) and thereupon after such proclamation had , and the said six days past and expired , then the said sheriff or other officer , to whom such writ of capias shall be directed , shall make return of the same writ of capias into the said court of the king's bench , of all that he hath done in the execution thereof , and whether the party named in the said writ , have yielded his body to prison or not . . and if upon the return of the said sheriff , it shall appear , that the party or parties named in the same vvrit of capias , or any of them , have not yielded their bodies to the goal and prison of the said sheriff , or other officer , according to the effect of the same proclamation ; that then every such person that so shall make default , shall for every such default forfeit to the queens highness , her heirs and successors ten pounds , ( . ) vvhich shall likewise be estreated by the said justices into the said court of exchequer , in such manner and form as fines and amerciaments there taxed and assessed , are used to be . . and thereupon the said justices of the king's-bench shall also award forth another writ of capias against the said person or persons that so shall be returned to have made default , with such like proclamation , as was contained in the first capias , and a pain of twenty pounds , to be mentioned in the said second writ and proclamation : ( ) and the sheriff , or other officer , to whom the said second writ , of capias , shall be so directed , shall serve and execute the said writ , in such like manner and form , as before is expressed for the serving and executing of the said first writ of capias . ( . ) and if the sheriff or other officer shall return upon the said second capias , that he hath made the proclamation according to the tenout and effect of the same writ , and that the party hath not yielded his body to prison , according to the tenour of the said proclamation ; that then the said party that so she ll make default , shall for such his contempt and default , forseit to the queens highness , her heirs and successors , the sum of twenty pounds ; ( . ) which said sum of twenty pounds , the said justices of the king's-bench for the time being , shall likewise cause to be estreated into the said court of exchequer , in manner and form aforesaid . . and then the said justices shall likewise award forth another vvrit of capias against the said party , with such proclamation and pain of forfeiture , as was contained in the said second writ of capias : ( . ) and the sheriff or other officer to whom the said third writ of capias shall be so directed , shall serve and execute the said writ of capias , in such like mannor and form as before in this act is expressed and declared , for the serving and executing of the said first and second writs of capias : ( . ) and if the sheriff or other officer to whom the execution of the said third writ shall appertain , do make return of the said third writ of capias , that the party upon such proclamation hath not yielded his body to prison , according to the tenour thereof , that then every such party for every such contempt and default , shall likewise forfeit to the queen's majesty , her heirs and successors , other twenty pounds : ( . ) which sum of twenty pound shall likewise be estreated into the said court of the exchequer , in manner and form aforesaid : ( . ) and thereupon the said justices of the king's bench shall likewise award forth one writ of capias against the said party , with like proclamation , and like pain of forfeiture of twenty pound : ( . ) and that also the said justices shall have authority by this act , infinitely to award such process of capias , with such like proclamation and pain of forf●iture of twenty pound as is before limited , against the said party , that so shall make default in yielding of his b●●y to the prison of the sheriff , until such time as by return of some of the said writs before the said justices , it shall and may appear , that the said party hath yielded himself to the custody of the said sheriff , or other officer , according to the tenour of the said proclamation ; ( . ) and that the party upon every default and contempt by him made against the proclamation of any of the said writs so infinitely to be awarded against him , shall incur like pain and forfeiture of twenty pound , which shall likewise be estreated in manner and form aforesaid . . and be it further enacted by the authority aforesaid , that when any person or persons shall yield his or their body or bodies to the hands of the sheriff , or other officer , upon any of the said vvrits of capias , that then the same party or parties that shall so yield themselves , shall remain in the prison and custody of the said sheriff , or other officer , without bail , basion or mainprise , in such like manner and form , to all intents and purposes , as he or they should or ought to have done , if he or they had been apprehended and taken upon the said vvrit of excommunicato capiendo . . and be it further enacted by the authority aforesaid , that if any sheriff or other officer , by whom the said vvrit of capias , or any of them shall be returned , as is aforesaid , do make an untrue return upon any the said vvrits , that the party named in the said vvrit , hath not yielded his body upon the said proclamations , or any of them , where indeed the party did yield himself according to the effect of the same , that then every such sheriff or other officer , for every such false and untrue return , shall forfeit to the party grieved , and damnified by the said return ; the sam of l. ( . ) for the which sum of l. the said party grieved shall have his recovery and due remedy by action of debt , bill , plaint , or information , in any of the queens courts of record , in which action , bill , plaint , or information , no essoign , protection or wager of law shall be admitted or allowed for the party defendant . . saving and reserving to all arch bishops and bishops , and all others , having authority to certisie any person excommunicated , and like authority to accept , and receive the submission and satisfaction of the said person so excommunicated ; in manner and form heretofore used ; ( . ) and him to absolve and release , and the same to signifie , as heretofore it hath been accustomed , to the queen's majesty , her heirs and successors , into the high court of chancery , ( . ) and thereupon to have such vvrits for the deliverance of the said person so absolved and released from the sheriff's custody or prison , as heretofore they , or any of them had , or of right ought , or might have had ; any thing in this present statute specified or contained to the contrary hereof in any wise notwithstanding . . provided alwayes , that in wales the counties palatines of lancaster , chester , durham , and ely , and in the cinque ports , being jurisdictions and places exempt , where the queen's majesty 's vvrit does not run , and process of capias , from thence not returnable into the said court of the king's-bench , after any significavit , being of record in the said court of chancery ; the tenour of such significavit by mittimus shall be sent to such of the head officers of the said country of wales , counties palatines , and places exempt , within whose offices , charge or jurisdiction , the offenders shall be resiant ; that is to say , to the chancellour or chamberlain for the said county palatine of lancaster and chester , and for the cinque-ports , to the lord warden of the same , and for wales and ely , and the county palatine of durham , to the chief justice or justices there : ( . ) and thereupon every of the said justices and officers , to whom such tenour of significavit with mittimus shall be directed and delivered , shall by virtue of this estatute , have power and authority , to make like process to the inferiour officer , and officers , to whom the execution of process there doth appertain , returnable before the justices there , at their next sessions or courts ; two moneths at the least after the teste of every such process : ( . ) so alwayes , as in every degree they shall proceed in their sessions and courts against the offenders , as the justices of the said court of king's-bench are limited by the tenour of this act , in term-times to do and execute . . provided also , and be it enacted , that any person at the time of any process of capias aforementioned , awarded , being in prison , or out of this realm in the parts beyond the sea , or within age , or of non sanae memoriae , or woman covert , shall not incur any of the pains or forfeitures aforementioned , which shall grow by any return or default happening , during such time of nonage , imprisonment , being beyond the sea , or non sanae memoriae : ( . ) and that by virtue of this estatute , the party grieved may plead every such cause or matter in bar of , and upon the distress , or other process that shall be made for levying of any of the said pains , or forfeitures . . and if that the offender against whom any such writ of excommunicato capiendo shall be awarded , shall not in the same writ of excommunicato capiendo , have a sufficient and lawful addition according to the form of the statute of primo of henry the fifth , in cases of certain suits , whereupon process of exigent are to be awarded : ( . ) or if in the significavit it be not contained , that the excommunication doth proceed upon some cause or contempt of some original matter of heresie , or refusing to have his or their child baptized , or to recieve the holy communion as it is now commonly used to be received in the church of england , or to come to divine service , now commonly used in the said church of england , or errour in matters of religion , or doctrine now received and allowed in the said church of england , incontinency , vsury , simony , perjury in the ecclesiastical court , or idolatry . ( . ) that then all and every pains and forfeitures limited against such persons excommunicate by this statute by reason of such writ of excommunicato capiendo , wanting sufficient addition , or of such significavit , wanting all the causes afore mentioned , shall be utterly void in law ; ( . ) and by way of plea to be allowed to the party grieved . . and if the addition shall be with a nuper of the place , then in every such case , at the awarding of the first capias with proclamation according to the form mentioned , one vvrit of proclamation ( without any pain expressed ) shall be awarded into the county , where the offender shall be most commonly resiant at the time of the awarding of the said first capias with pain , in the same vvrit of proclamation , to be returnable the day of the return of the said first capias , with pain and proclamation thereupon at some one such time and court , as is prescribed for the proclamation upon the said first capias with pain : ( . ) and if such proclamation be not made in the county where the offender shall be most commonly resiant , in such cases of addition of nuper , that then such offenders shall sustain no pain or forfeitures by vertue of this statute , for not yielding his or her body , according to the tenour afore-mentioned , any thing before specified , and to the contrary hereof in any wise notwithstanding . the comment , with a discourse of the nature of excommunication , and how to prevent or take off the vvrit de excommunicato capiendo . though excommunications pretend a title jure divino , as an institution of christ , and therefore his sacred name is therein made use of , and several other spiritual phrases purporting that the same , and all proceedings thereunto , are by his authority ; yet they being so commonly thundered out , by persons who have immediately no authority from our lord , or his word , to manage them ; and for such trivial crimes as no law of god hath ordered them against , and in such a light and precipitant manner , as no part of holy scripture warranteth : the wiser sort of men do therefore look upon them rather as excommunings , or a sort of civil punishment , like that in use among the romans , interdico tibi aqua & igni , than one of the solemn institutions of god. and therefore waving any discourse of what spiritual influence or effect may be dreaded from the same in our dayes , which we hope are wise enough not to be bug-bear'd with that maxim of the canonists excommunicatio sive justa , sive injusta est timenda ; a church-curse , be it just , or unjust , is to be feared . all that we shall speak to is matter of law , for so it is that there are legal bars and punishments formed by our temporal laws , as long as the legislative power shall not be at leisure to consider of them , and ( if they find it requisite ) repeal them . for , . a person excommunicated is forthwith disabled to sue in any of his majesties courts ; not that thereby he loses his right for ever , but the excommunication may be pleaded in abatement of his present action , till the same is taken off by an absolution . yet note , that whosoever is instrumental in procuring , solliciting , decreeing or pronouncing the excommunication , shall never be allowed to plead it ; nor shall it be pleaded , unless the excommunication be , signified by the bishop himself ; for the court will receive no certificate from any to whom they cannot write to absolve the person , if they find cause . . likewise , though a person excommunicated may be appointed an executor , and is capable of having a legacy given him , yet so-long as he stands excommunicated , he is not to be allowed to prove the will , nor sue for his legacy in the spiritual court. but note , whereas some say a man excommunicated cannot marry ; 't is non-sense , for marriage is de jure naturali , and alike absurd it is for any to pretend , that such a person cannot give his suffrage in any election ; as for example of parliament-men , for the same is an idle dream ; the law allows him a voice , so long as he hath a free-hold of forty shillings per annum , though he were under forty curses . . if a person ( justly or unjustly ) excommunicated , continue so by the space of forty dayes then by the common law , the bishop certifying the same into chancery , ( which is called a significavit ) there shall issue forth a writ from thence to the sheriff of the county where the party lives , to imprison him without bail or mainprize , till he hath made satisfaction to holy church . this is called a writ de excommunicato capiendo , and such imprisonment of a person excommunicated by a civil sanction , is not practised in any nation in the world but ours , and if it had here too been buried with its brother de haeretico comburendo , i believe it would have had few tears at its funeral . but at common law the same writ being not returnable in any court , the sheriffs took their own time , and used their discretion in executing it ; to inforce which , this statute was made , whereby it is enacted . . that the said writ shall be returnable in the king's bench , yet the sheriff need not bring thither the body . . if the sheriff return non est inventus . a capias shall be awarded with proclamation , to come in with six dayes ; if the party do not , he forfeirs l. and thenceforwards capias after capias , and l. forfeited on each . . but note , there are two cases in which though a man stands out never so many proclamations , he shall forfeit nothing . and they two are these . . vvhere the party against whom the vvrit de excommunicato capiendo is awarded , hath not therein a sufficient and lawful addition ; that is ( saith cowel ) a title over and above his christian and sirname , shewing his state , degree , trade , occupation , or mystery ( as lord , knight , gentleman , yeoman , clothier , and the like ) and the hamlet , town , parish , and county where he is , or lately was conversant and dwelling . and if it be with a nuper [ late of such a place ] then you see there must be made out one capias without any penalty . . vvhere it is not expressed in the bishops certificate , that the cause for which the party was originally cited into the spiritual court , was for one of these causes following , viz. . heresie ; . refusing to have children baptized ; . refusing to receive the communion ; . refusing to come to divine service ; . errour in religion or doctrine ; . incontinency ; . usury ; . simony ; . perjury in the ecclesiastical court ; or . idolatry . to know whether there be such cause expressed , you may have a copy of the significavit at the cursitors office in chancery-lane . then in either of these cases , all pains and forfeitures limited by this statute by reason of such vvrit of excom . cap. wanting such an addition or significavit , wanting all the causes aforesaid , shall be utterly void in law , and by way of plea to be allowed to the party grieved . touching the authority of the courts called spiritual or ecclesiastick , whether they have truly any at all by our present laws , i shall not here debate ; they that have a mind to hear what is to be said on that theme , may read mr. hickeringil's book of naked truth , or mr. care 's book written in the year . entituled , a true guide for all persons concerned in ecclesiastical courts ; neither of which i ever yet saw sufficiently answered ; yet still since most certain it is , that such courts do proceed and act , we shall suppose them to have some power , and only inform our reader of the course of their practice , as it is used at this day , and his best course to defend himself . you must note , that persons are usually excommunicated upon contempt or contumacy , which may be , . if the party being duly cited , denieth , or omitteth to appear : for if he be not personally summoned , he needs not appear the first time ; but then their way is to cite him by a writ called viis & modis , set up at the doors of his house , or at the church doors , citing him at a certain day to appear to answer , &c. but ( being personally cited ) if he doth not appear the first time , or whether he be or no , if he doth not appear the second time , he is excommunicated for contempt . if he be cited generally : the law is , that he shall appear the third day after the service of the citation . the law also is , that if he he will give the apparator d . he must bring him the full and true copy of the citation . if a day of appearance be mentioned , and the same be not at least the third day from the citation ; or if he hath before witnesses given the apparator d . to bring him a full and true copy of the citation , and he doth not , i conceive , he needs not appear , but listen what they do ; and if they decree him excommunicated , he may appeal within daies , and bring from the superiour court , an inhibition to stop their proceedings against him . and further , the rule in that law is , totus dies debetur delinquenti . it is enough for a person to appear any hour of the day ( provided it be a court-hour ) wherein he is cited to appear ; so as though he be called before he comes , vet if he appeareth that day , he shall be discharged , or he may appeal . . when he appeareth , he shall demand his charge , which is either by a presentment from church-wardens , or by a libel , or articles , which are exhibited by a promoter . be it which it will , he shall demand a copy ; if it be denyed or delayed , he may bring , if he will , a prohibition from the king's court at westminster , forbidding them to proceed in that cause , till they have given a full and true copy of his charge , according to the statute of hen. . ca. . if he appeareth in person , he ought to have his charge the first court-day ; if he appeareth by a proctor , they will usually ( to get the proctor more fees ) give to the second court-day , to bring in the libel or articles . . if they deliver him not his charge the second court-day , he may appeal , if upon his demand the judge will not dismiss him ; or he may , if he will , bring his prohibition , for want of articles , and stop their further proceedings . . if the proceedings be upon a promotion , and the promoter hath imployed a proctor in the case , the party accused must know , that no proctor can be admitted without a proxy , that is , letters procuratory under the promoter's hand and seal , authorizing him to act for him in the case ; and when he hath that , there must be an act entred in court to admit such a person proctor in the case . the party charged may go or send to the register , and demand a sight of both those ; the reason in law is this , because any proctor is liable to the parties action , if he molesteth any person in the name of another , without authority from him . and secondly , if there be no act of court admitting him as a proctor , though the party accused be conqueror in the case , yet he cannot recover costs , because there is no legal adversary , against whom they can be recovered . . according to the statute-law , every informer , if overthrown , shall pay charges . according to the civil and canon law , none ought to be admitted as a voluntary promoter , till he hath given security to pay the charges . if overthrown , the party accused therefore shall before he answereth the articles , demand this ; if it be denied by the judge , he may appeal to the superiour court. it is also worth the persons enquiry who is accused , to be well advised whether the promoter in the ecclesiastical courts , be not obliged to all those things , that an informer in the secular courts is tied to , by the statutes eliz. . . eliz. . . jac. . the reason is , because those statutes say , informers upon any penal statutes , and commonly promoters in the ecclesiastical courts , say such and such things are done contrary to the statutes of this realm , as well as contrary to the canons : now what things the statutes , which also name promoters , require of such informers and promoters , the statutes do declare . . vvhen the party accused hath a copy of his libel , let him demand time to answer ; if the judge denies him time ( at least till the next court-day ) let him appeal ; having due time granted , in the mean time let him duly consider the matter and form of his libel . as to which let him amongst other things observe these that follow . . vvhether the matters he be charged with , belong to the cognisance of the ecclesiastical court ? if lawyers tell him no , let that be his answer , and let him hasten to bring his prohibition , which lies in all such causes . . vvhether they have put into the libel the promotors petition for right and justice to be done him : it is oft times left out . it is a rule in their law , libellus est ipso jure nullus , ubi nihil petitur . if he finds that this is wanting , let his answer only be that the libel is in law utterly void , and insufficient , and desire to be dismissed : if the judge refuseth to dismiss him , let him appeal . . let him also observe , whether he be in the articles laid to be one of the diocess , or a parishoner of such a parish , for it be not laid , it can never be proved , and so the promotor must fail in his suit ; for what is not laid , cannot be proved : quicquid deponitur extra articulum , deponitur extra legem , is a rule in their law. if he be said to be a parishioner of such a place , within such a diocess , let him not in his answer confess it but say , he cannot determine the bounds of diocesses and parishes , but for that he referreth himself to the law. . let him also observe , if the things he be charged to have done , or omitted , be within the compass of a year , and whether there hath been since no act of grace or oblivion , which hath pardoned them ; and whether they be not such things as he hath been punished for , or such things as the statute-law hath limited the prosecution of to a less time than a year : for if any of these things be , they may be given in answer to avoid eithor the whole , or any part of the charge . if the judge will not accept the answer , the party may sue out a prohibition and stop them . . let him also observe , whether he be charged certainly or particularly , as to time and place , or only generally and incertainly ; if he be charged only generally , as for the most part he is , in church-vvardens presentments , not mentioning time and place ; or incertainly with or 's , that he did not come to his parish-church , such and such months and daies , or was absent in some one , or more , or most of them : let his answer be , that this charge is void in law , for the generality or incertainty of it . if the judge will not receive his answer , let him appeal ; for the law of england alloweth no such charges , from which can be no discharge , or where the crime is not fixed to a certain time . but it may be , in this case , a prohibition will be his best remedy . . let him observe , whether he be charged only upon statute-law , or upon canons ; if upon canons , let him in his answer modestly refer himself to persons learned in the statute-laws , whether any such canons were ever enacted , ratifyed , allowed , or confirmed by parliament , or by the established laws of the land , as they stood in the year . and if not , whether they be not made void by the statute . car. . . when he hath given his answer , which must be subscribed by his own hand , it is usual for the adverse proctor to demand a time to prove his articles , for which the judge at his pleasure granteth two , three , four , or six court-daies ( usually but two ) let him also at the same time move , that he may have liberty within that time also , to produce any witnesses for his defence ; if it be denied , let him appeal . . let him observe , what time the judge setteth his adversary to produce his witnesses in court , and whom he names for witnesses for him . let him also desire a time to be set in court for him to produce his witnesses , and be careful to bring them at the time , for they must all be sworn in the court , then examined privately by the register . unless the adversary desireth a commission to examine witnesses , ( which is not often done , because it is much more chargeable ) is that case , there are no witnesses in the court produced and sworn , but before those commissioners . . if the party defendant will , he may deliver in to the register interrogatories , upon which the register shall cross-examine his adversaries vvitnesses . but he must be very wary as to this , for he shall not afterward except against any of his adversaries witnesses , whom he hath cross-examined , and made vvitnesses for himself . . let him advise his own witnesses to be very careful that the register setteth down what they say , in their own words , that under the pretence of putting them into a decent phrase , their whole sense be not altered . . vvhen the time probatory , set at first by the judge , is expired , let him desire of the judge , publication . if the judge will grant longer time to prove , let him desire the advantage of the same time also , to bring more vvitnesses for himself , which he may , or may not , make use of as he pleases . if once the term given for proof be expired , let him desire publication , & liberty to take out a copy of the depositions . . vvhen he hath got a copy , let him diligently observe , if he can prove any thing contrary to what the vvitnesses , or any of them have sworn ; if he can , let him at the next court-day , offer a paper of general & particular exceptions , shewing the particulars which he excepteth against in their depositions severally , as well as his general exceptions against them all . let him desire a time to bring in witness , to prove his exceptions . if the judge refuseth to admit his exception , or to give him due time to prove them , he may again appeal . . vvhen once the promoter hath allowed to have publication , he may again move for time , to invalidate the proof of the exceptions , but not to fortifie his first proof . if any liberty of that nature be desired , the defendant may appeal ; for unless in a case for the king after publication , no new vvitnesses can be produced . . vvhen the party against whom the promotion is , peruseth the deposition , let him strictly observe , whether the particulars he is charged with be proved by two witnesses ; for it is a rule in their law , vox unius est vox nullius , and if the iudge will admit the thing proved by one witness a prohibition lyes : for the kings judges , will not only see , that those courts shall keep to matters truly belonging to their jurisdiction ; but also that in the prosecution of them , they shall keep to the received rules of their own law , in those main points of proof , &c. . it is an usual thing upon presentments by church-vvardens , when the party presented calls for proof of the presentment , to tell them , that the church wardens presentment is a conviction , they being sworn officers . but this is contrary to the law of england , which alloweth no presentment by officers ex officio to be a conviction , if grand juries at assizes and sessions do present , this is no conviction , but the persons must after this be indicted , and proof made by vvitnesses . if therefore the ecclesiastical court insists on this , the person may appeal ; or ( which it may be is better ) he may have a prohibition from the kings court at westminster as some greater lawyers think . . vvhen the time for proof is expired , and publication made , and exceptions given in and proved , and publication of those proofs also made ; either party may move for a time to be set to conclude , and to give the judge information of the whole state and merit of the case , and also to give sentence in it . . at the day set , the party accused , or promoted against , may appear , and shew to the judge the whole state of the case , and plead it himself ; or , if he will , by an advocate , if any be at hand ; or for ought i know , if there be none by attorney , or counselor at common-law ; after which the judge will appoint upon desire a day to give sentence . . at that day the party must have a form of an absolutory sentence , ready to tender to the judge , if the judge give sentence against him he may appeal within days , by virtue of the statute , . hen. . . , all along the prosecution , the person against whom the prosecution is , shall do well after every court , to get the acts of the courts in his case , under the registers hand , and to keep them by him carefully . so much i thought fit to add here for the readers instruction , how to behave and conduct himself when troubled in those courts , because 't is a practice very little understood , by means whereof greedy proctors , solicitors and other ill men frequently make a prey of honest people therein concerned . i shall now recount the ways and means how to get off from the vvrit de excommunicato capiendo . — vve told you before , no bail would be accepted , nor will an habeas corpus avail you , ( unless you have a mind only to change the prison ) nor does a prohibition or homine replegiando lie. but the several ways to help ( according as the case happens ) are as followeth ; . if the party imprisoned hath brought a prohibition , by which the ecclesiastical court hath been commanded to proceed no further , and to absolve the person , if excommunicated , and the judge hath disobeyed the writ , and signified and procured the party to be imprisoned , the person that is imprisoned at any time in term , upon a motion , shall have first an attachment against the judge , and then a writ of supersedeas to the sheriff , to deliver the prisoner to follow the attachment , without any submission to the bishop at all , or any caution . such writ may be found in the register of original writs , pag. . nay if the attachment be granted , and the person be imprisoned , or a writ out , commanding him to be taken , and the term be done before the attachment can be served , the register tell us , that he shall have the same vvrit during the vacation out of chancery : nay , it is the opinion of men skilled in the law , that he shall have such a supersedeas , upon affidavit made , that the proceedings are contrary to a prohibition served upon the judge , though no such attachment be taken out . . if the party imprisoned , or against whom the writ is to take him , though he be not taken , hath appealed according to the statute , hen. . . if he bringeth into the court of chancery an authentick copy of his appeal , he shall have a writ of supersedeas to stop the sheriff from apprehending him , or to deliver him if he be apprehended , only this must be within a year after his appeal , that it may appear to the court , he hath not deserted his appeal ; you may find forms of such a supersedeas also in the register of original writs ; both these are founded upon excellent reason . the law of england will not suffer ecclesiastical judges , either to invade their right , or to exalt themselves against their authority , nor yet suffer inferiour ecclesiastical courts to invade the right , power , and authority of superiour courts in their own order . , if a person be sued in the ecclesiastical courts for a matter not within their jurisdiction , and they have caught him upon contempt , in not appearing or not obeying their sentence : upon a suggestion to the kings courts , if it appear to them , that the original matter was not cognoscible in the ecclesiastical courts , they will supersed the proceedings , and order the imprisoned person to be discharged . . if the imprisoned person , or he against whom the writ is out , though he be not taken , bring a copy of the bishops significavit into the courts at westminster , and make it appear to the judges there , that the cause of excommunication is not therein expressed , together with the day when it was pronounced , if he be not said to be excommunicated majori excommunicatione ; if it be not signed by the bishop , or said to be done authoritate nostra ordinaria : if the party excommunioated be not expressed by name , the court will deliver the person . dr. cozens mentions three of these cases , and the reader also may find them in the register of writs . the first he saith he cannot find in the register , viz. that the articles or matter of the libel must be expressed , nor indeed do i find it there , but it is in several reports . the reasons are , . because the law will not suffer men to be imprisoned for every light offence , ( this dr. cozens gives . . because the kings courts can recieve significavits from none but the person to whom ( if need be ) they may write to discharge the prisoner : nor will the court suffer a person to be excommunicated , and lye in prison for a crime which the ecclesiastical court hath no judgment in ; nor yet unless it appeareth to the court , he hath stood forty dayes excommunicated . again heretofore whole cities and communities have been excommunicated , therefore the person must be expressed by name , or he shall not lie there . . let him procure the copy of the writ de excommunicato capiendo and observe , first , if it be issued in term-time . . if there were full twenty days betwixt the test and return . . if it be made returnable the next term. . if there be due additions in it . . if before it was delivered to the sheriff , it were entered upon record in the kings-bench , and made returnable into that court. all these things are required by the statute eiz : ; if any of these errours be found , he shall upon motion in the kings bench be discharged , and the writ will be declared illegal . lastly , if he can be delivered by none of these ways , he may at any sealing in the chancery whether it be in term , or out of term , upon a petition to , or motion before the l. chancellor have the vvrit , de cautione admittenda , granted him ( in case he hath before offered the bishop a bond of . l : or l. with sureties stare & parere mandatis ecclesiae in forma juris ) when he hath it , let him by some attorney , or attorneys clerk send it , and tender a bond and sufficient sureties with it to the bishop , and demand the discharge of the prisoner ; if it be not presently done , let him certifie so much , and at the next seal move for a second writ to the bishop ; or ( which it may be is more adviseable ) let him move for a second writ to the sheriff , ( the form of it is in the register . ) in that the king commandeth the sheriff to admonish the bishop to accept the caution , & to deliver the prisoner , and further commands him , that in case he doth it not in his presence , the sheriff should do it himself . if the sheriff yields not obedience ; upon another motion , he ought to have a writ to the coroners , commanding to take security of the sheriff to appear at westminster such a day , to shew reason why he hath contemned the kings writ , and further it commandeth the coroners to take the caution of the prisoner , and to deliver him . the reader may find all this in the register where are the forms of all these writs , and also in dr. cozens apology , p. . c. . who being himself a judge in the ecclesiastical courts , cannot be presumed to have told us any thing but what is law , contrary to their own interest . it is true , the bishop upon taking such cautionary bonds , doth ordinarily insist upon the persons paying the prosecutors charges , but it is unreasonable , . because he hath nothing to do but to execute the command of the writ , which speaks not a word of charges . . because if the charges be legally due , the promoter must have also a legal way to recover them ; if not , it is extortion for the ecclesiastical judge to exact them . . because it is no sufficient return to the king 's writ , which mentioneth no such thing , to say , he could not discharge the prisoner , because he would not pay the promoter's charge . but because the legal charges are small , usually the prisoner for his liberty will pay the charges , which are as follow .   l. s. d. for the adversary's , proctor every court-day until he was excommunicated , and that day when the significavit was decreed : for every day for the proctor's procuratory letter , seal and vvax . for certifying the service of the citation for the articles , if there were any for an act of court , for every day for the significavit for the significavit to deliver the prisoner for the excommunication and the schedule for the vvrit de excommunicato capiendo , and the charge of entring it upon record in the king's-bench about   if the business have proceeded no further than a libel and articles , this is all the legal charges ; but if it hath proceeded further , there may be for the copy of the answer for every witness examined s. and for the first for a fee to the proctor at inform. for a definitive sentence for the advocate at the sentence but note , the charges are more or less , as the cause went further or lesser way before the excommunication . but if the bishop will not take the caution , and discharge you , you may have a second writ directed to the high-sheriff , commanding him to go to the bishop , and require him to take the caution , and to deliver the prisoner , and requiring him to do it himself , if the bishop still refuse . and if the sheriff do not do so , you may have a writ to the same purpose directed to the coroner to do it , as you may see in that authentick law-book , the register of original writs , fol. , and . so careful were our forefathers for the liberty of the subjects persons . and hereby it appears that the bishop is bound by law to take such caution , that is , fidejussory caution , i mean by bond and sureties , and thereupon to absolve the person excommunicated , though he will not take an oath , stare mandatis ecclesiae , to obey the commands of holy church . as for what shall be accounted such sufficient caution , the practice is for the party and two friends ( for there must be two sureties ) to be bound in a bond of l. ( seldom more , or at most l. ) to the bishop , conditioned , that the party shall obey the commands of the church , but such bond when entred into is but a formality ; for they are never put in suit , and indeed signifie nothing . thus have we given our honest countrey-men some few directions how to act in this difficult and troublesom affair , being a mystery unknown to many common practisers of the law. note also , that by the statute of car. . ca. . for taking away the high commission court , there is the following clause . and be it also enacted by the authority aforesaid that no archbishop , bishop , nor viccar general nor any chancellor official nor commissary of any archbishop bishop , or viccar general , nor any ordinary whatsoever nor any other spiritual or ecclesiastical judge , officer or minister of justice , &c. shall ex officio , or at the instance , or promotion of any other person whatsoever urge , enforce , tender , give , or minister unto any church warden sideman , or other person whatsoever any corporal oath , whereby , he or she shall or may be charged or obliged to make any presentment of any crime or offence , or to confess or to accuse himself or herself of any crime , offence , delinquency , or misdemeanor , or any neglect , matter or thing , whereby or by reason whereof he or she shall or may be liable , or exposed to any censure , pain , penalty , or punishment whatsoever , upon pain and penalty that every person who shall offend contrary to this statute shall forfeit and pay treble damages to every person thereby greived and the sum of l. to him or them who shall first demand and sue for the same . and tho by the statute car. . ca. . part of this statute is abrogated , yet this clause is excepted , and confirmed by an express proviso of the said last act. and there are many precedents since his majesties restauration , where church wardens being prosecuted in the spir. court for not swearing to the bishops book of articles of inquiry , have moved the kings-bench or common pleas , and obtained a prohibition to stop such proceedings , as particularly in the case of one waters of chichester in the common pleas. and now coming to speak of the laws upon which protestant dissenters are commonly prosecuted or threatned to be prosecuted , i must for the reader 's better understanding , distinguish them ; for the truth is , they are of two different natures and kinds . . some statutes which were wholly designed against papists , and ought only to be exerted against them , which yet some now would wrest and distort , and make them serve as rods wherewith to lash dissenting protestants for not coming to church , receiving the sacrament , &c. . the laws that were indeed made against puritan sectaries ( as they call them ) or dissenting protestants . i shall first breifly sum up all the first sort , how many and what they are , and show you the reasons why they ought not to be turned upon such dissenters : the statutes i mean are in number five , viz. the . elizabeth , ca. . the . elizabeth ca. . the . elizabeth ca. . the . jac. ca. . and jac. ca. . which we shall handle in order . . the act of the . eliz. cap. . was made immediately after that queens coming to the crown , when she found nothing but papists and protestants in general . for the word puritan in those days was not known , ( much less our modern terms of reproach , whig , sectary , or fanatick ) and she being a good protestant ( having been educated therein ) and resolved to support that religion , casting about with her wise council how to do it , that the indifferent and moderate sort of papists might not be too much disgusted or alienated from the protestant religion , but be rather invited to close therewith , it was therefore on mature deliberation concluded to go on gently as to the reformation , and not to throw off all the ceremonies at once : and therefore having a pattern of protestant discipline made in king edward the . time she follows the same steps as near as could be in the beginning , and builds on the same foundation which her pious brother and his wise and honest council had laid . therefore the first act she passed , was to take off the jurisdiction of the see of rome ( which had been re-introduc'd by her sister mary of unhappy memory ) and to take off all coercive power whatsoever from ecclesiastical persons , and all was annext to the imperial crown of england . this act was intituled , an act to restore to the crown the antient jurisdiction , &c. . eliz. ca. . and hereby all the laws made in the time of queen mary for settling the popes authority in england were repealed . and also [ section the th ] power is given to the queen to grant commissions under the broad seal of england to such [ bishops or laymen , no matter which ] as she should appoint to hold ecclesiastical courts , and none might do it without , upon pain of a praemunire , and also the oath of supremacy is formed and hereby injoined . the very next act is that which we have now under consideration intituled an act of vniformity , and common prayer , and service in the church , and administration of the sacrament , which amongst other things inflicts the penalty of d . for not coming to church every sunday and holy-day . now that this act was intended against papists may be concluded as well because , the whole act runs for the beating down of the fopperies and superstitions of the church of rome , and how could it aim at any sort of protestants , since at that time of day there were none but papists and churchmen in england . this twelvepence is not forfeited till conviction , which must be by a jury ; to which purpose , the justices of oyer and terminer , and of assize , and mayors and head-officers of corporations are authorized to inquire , hear and determine the same , — but the party must be indicted the nextsessions or assizes after the offence or not at all . so that they can upon this act prosecute at once for no more defaults than there are sundaies & holy-days between one sessions or assizes and another , and when the party is so convicted the said courts are to make out process for levying the twelve pences , which shall be levied by the church-wardens for the use of the poor . however there being sundaies and holy-daies ( appointed by our liturgy to be observed ) in the year , the constant charge by this statute for not coming to church would be but l . s . p. an. [ and yet by the way , note , that we have more holy-daies or feasts to be observed since his majesties restauration than ever the church of england owned before . for there were antiently but . but upon the review of the book of common prayer , my lords the bishops were pleased to add new ones viz. the conversion of st. paul and st. barnabas , and whereas , in our old common-prayer-books , 't is said the feast of st. michael the arch-angel , in our present books , 't is st. michael and all angels , which seems an affront to s. michael at once to leave out his title of arch-angel , and at the same time bring in all other angels ( as well of the lower as higher hierarchies ) to share with him in a festival , the honour of which he had enjoyed so long , solely and intire to himself — but this by the by ] so that upon the whole matter , if any body should be busy to execute this act upon the protestant dissenters from the established church of england , yet considering the trouble of such a conviction , and the difficulty of proving a negative viz. that a man was not at church , for note the words are , — shall repair to his own parish church , or to some usual place where common prayer shall be used , so that if he were at mr. read's meeting-house , i conceive he were safe from this act. all this i say considered the labour would be more than the trouble — therefore let 's proceed . . the second act of this kind , is eliz. cap. . intituled an act to retain the queens majesties subjects in their due obedience . and by this , to reconcile any or for any to be reconciled to the see of rome , to with-draw or be with-drawn from the establisht religion , to the romish religion ; is made high-treason ; and that every one saying mass shall forfeit marks and every one that hears it marks , and every one above . years old not repairing to some church or chappel , but forbearing the same contrary to the said stat. . eliz. c. . shall being lawfully convicted forfeit l. for every month , and the justices at the quarter sessions are impowered to inquire into the offences against this act , except treason , and if any indicted hereupon ( except for treason ) will submit in open court and conform before judgment given , he shall be discharged . now that this statute was expressly and wholly made against the papists is evident by the whole scope thereof , as punishing saying of mass , & drawing the queens subjects to popery , &c. more especially by its preamble ( which alwaies opens and declares the scope of a law ) whereas since the statutes made in the . year of the reign of the queen our soveraign lady , intituled , an act against the bringing in , and putting in execution of bulls , writings & instruments , and other superstitious things from the see of rome , divers ill affected persons have practised by other means than by bulls or instruments . written or printed to with-draw her majesties subjects to obey the said usurped authority of rome , and in respect of the same [ pray mark ] to perswade great numbers to with-draw their due obedience from her majesties laws establisht for the due service of almighty god — for reformation whereof , be it enacted , viz. that to with-draw to the church of rome shall be treason ; and not coming to church shall forfeit l. p. month — nothing can be more plain than that this levelled wholly against the papists , and cannot at all affect dissenting protestants . . the statute of . eliz. cap. . is only a reinforcement of the last act , and therefore must be only intended of the same persons , viz. popish recusants [ for as yet there were no other ] whose penalties this statute encreases for not coming to church : for where is by the former statute of d it was to be only l. p. month and bound to the good behaviour after conviction ; this gives to the queen & her heirs , a right to l. p. month for every month after such conviction till they came to church : and if default be made of payment of the l. a month , then to seize all their goods , and parts of their real estate 〈…〉 but this is still concerning popish recusants , for it respects the same that were offenders against the statute of the . and they were only papists : therefore 't is absurd and unjust to turn the edge on 't upon protestants . . we come now to the statute of . jac. ca. . which confirms all the former statutes made against popish recusants in the queens time , but provides for their being discharged , tho convicted , upon their coming to church . and that it means and intends none but jesuits and popish priests and other popish recusants appears manifestly , not only in the title but in the first section of the act it self , and so throughout : the title , is , an act for the due execution of the statutes against jesuites , seminary priests , recusants , [ the former words , including the romish clergy , the latter the laiety ] &c. and begins thus — for the better and more due execution of the statutes heretofore made [ against whom ? ] as well against jesuites , seminary priests , and other such-like priests [ that is , other popish priests tho not bred up in the serminaries ] as also against all manner of recusants [ that is papists tho not in orders ] be it enacted , &c. that all & every the statutes heretofore made against jesuites , seminary priests and other priests , deacons , and religions and ecclesiastical persons whatsoever made , ordained or professed , or to be made by any authority or jurisdiction derived , challenged , or pretended from the see of rome , together with all those made against any manner of recusants [ that is papists still , but lay men not in orders nor professed of any order of monks or friars as those before mentioned were ] shall be put in due and exact execution . — nothing can be more absurd than to rack & force this law so far besides its scope , as to make use of it against protestants agreeing with the church of england in all the doctrines and only differing in a few indifferent ceremonies , when it most manifestly appears intended only against jesuits , romish priests , and other papists . . and now was discovered the hellish powder-plot of the papists which occasioned the making of the statute jac. ca. . intituled , an act for discovering and repressing popish recusants . so that both the occasion and the very title , shews evidently against whom this act is designed , which also appears further in the preamble ; the whole purport of this act all along being only to reinforce the rest of the acts against popish recusants , and for that as thereby appears , some of them did come to church and heard divine service , to save the penalties in the former acts , and yet continued papists still in their hearts , therefore by this act they were all to take the sacrament once a year , and if they refused they should forfeit l. the st year , for the d year l. & for every year afterwards l . untill he or she have received the said sacrament . and by the th section , the church wardens and constables are to present the monthly absence of all popish recusants , — but they are not bound by this act to present any but papists . for from this act we may observe , that none can be prosecuted upon this act or any of the other which it refers to ( which are all those here before rehearsed ) unless they be popish recusants , for so are the express words of the act. and without doubt should any busy officer whatsoever present ot prosecute any person thereupon other than a popish recusant , the person so presented may joyn issue , that he is no such person as these acts intend , being not a papist . so that upon the whole matter , we may conclude , it is an abuse , and utterly illegall , to prosecute protestants on such laws as were made solely and wholly against papists , as will further appear in our next observation ; and we have heard some judges have declared so much . however i shall here add the judgment of the house of commons in the case , for tho i know and own a vote of either or both houses cannot repeal a law , nor alter its sense , yet certainly the house consisting of so many wise discreet persons , & a great number of them excellently learned in the laws , they are as like to interpret a doubtful law , and hit upon the true interpretation how far and to what it does extend , as two or three little swaggering justices , or any single judge : at least were i an officer , i should rather incline to credit their opinion , & not run an hazard by employing the toils made for restraining the wolves and the foxes , to intangle & destroy the innocent sheep , meerly because they do not all exactly tread in the very same steps and bite punctually all of one sort of grass . sabbati sexto die nov. . resolved nemine contradicente , that it is the opinion of this house , that the acts of parliament made in the reigns of queen elizabeth and king james against popish recusants , ought not to be extended against protestant dissenters . and now having discharged these unlawful weapons , let 's see what legal arms there are or have been really formed against the sectaries . and the first was the very sword of goliah , there was none like it . . i mean the act of eliz. ca. . ( which some would make us believe has had as many lives as a cat ) intituled an act to retain the queen's majesties subjects in their due obedience . this was the first law that was made since the reformation , against those we commonly called sectaries , conventiclers , or protestant dissenters ; and this act indeed , beyond all dispute , was made against them , and them only ; for the popish recusants are expresly excepted out of it , as appears by the act : and that the reader may better judge of the true difference between this act , and those others before recited , made against popish recusants , by the style and expressions . i shall here insert the first paragraph , and give you the substance of the rest of it . for the preventing and avoiding of such great inconveniencies and perils as might happen and grow by the wicked and dangerous practices of seditious sectaries , and disloyal persons ; be it enacted by the queen 's most excellent majesty , and by the lords spiritual and temporal , and the commons in this present parliament assembled ; and by the authority of the same , that if any person or persons , above the age of sixteen years , which shall obstinately refuse to repair to some church , chappel , or usual place of common-prayer , to hear divine service , established by her majesties laws and statutes in that behalf made , and shall forbear to do the same by the space of one month next after , without any lawful cause , shall at any time after forty daies next , after the end of this session of parliament , by printing , writing , or express words or speeches , advisedly , or purposely practise , or go about to make or persuade any of her majesties subjects , or any other within her highness's realms or dominions , to deny , withstand , and impugn her majesties power and authority , in cases ecclesiastical , united and annexed to the imperial crown of this realm ; or to that end or purpose shall advisedly or maliciously move , or persuade any other person whatsoever , to forbear , or abstain from coming to church , to hear divine service , or to receive the communion , according to her majesties laws and statutes aforesaid , or to come to , or be present at any unlawful assemblies , conventicles or meetings , under colour or pretence of any exercise of religion , contrary to her majesties laws and statutes ; or if any person or persons which shall obstinately refuse to repair to some church , by the space of one month , to hear divine service , as is aforesaid , shall after the said forty daies , either of him or themselves , or by the motion , persuasion , inticement or allurement of any other , willingly joyn in , or be present at any such assemblies , conventicles , or meeting under colour or pretence of any such exercise of religion , contrary to the laws and statutes of this realm as is aforesaid ; that then every such person so offending , as aforesaid , and being thereof lawfully convicted , shall be committed to prison , and there to remain , without bail or mainprise , until they shall conform , and yield themselves to come to some church , chapel , or usual place of common-prayer , and hear divine service , &c. then the act goes on , and provides , that if the person do not conform within three months after conviction , he should abjure , that is , be banisht , and swear never to come back without leave ; and if he will not swear so , then the same to be felony , without benefit of clergy . from which act these things are observable . . that the same was wholly intended against the puritanes or sectaries , for the papists are expresly exempted by a particular clause , sect. . in these words , ' provided that no popish recusant , or feme covert shall be compelled or bound to abjure by vertue of this act. . that q. eliz. and her wise parliament did not intend or take such protestant recusants to be within the meaning of , or punishable by the other before mentioned statutes against popish recusants : for if they had so understood , they might have punished them sufficiently on those old laws without giving themselves the trouble of making this new law against them frustra fit per plura quod fieri potest per pauciora . god and the law do nothing in vain . . if it be objected , that all those laws as well as this ought to be construed to one and the same end & scope , and that all the before mentioned acts of qu. elizabeth , and k. james are equally to be applied to all dissenters from the establisht church of england : i answer that cannot be ; for since in this act no papists are concerned , being particularly exempted as aforesaid : then it necessary follows , if the popish recusants shall not be punished by this act made against sectaries and seditious conventiclers , that then the sectaries and conventiclers , protestant dissenters , that is , protestant recusants ( for that 't is they aim at , to colour the laying the other acts upon them ) shall not be prosecuted upon those laws made only against popish recusants ; for if they should , then you leave the protestant recusants in a far worse condition than the papists , the one being provided and not the other . but still note , that all that i have said about this act of the . of eliz. comparing it with the others made against popish recusants , is only to shew the nature of the one and the other : for the truth is , this act of the th of eliz. is not now in force , — as appears thus : . the very words thereof shew it to have been originally but a temporary act , for the last words of it are these , — this act to continue no longer than to the end of the next session of parliament . . by several acts it was continued till the st year of k. james , and then it was enacted , that the same should be continued , and remain in force untill the end of the first session of the next parliament . . the second and next session of parliament began and holden by prorogation the th of nov. in the d year of k. james , and ended the th of may next , and was then prorogued to the th , of nov. . in which session there was no continuance of this statute of the th of eliz. so that there it expired , absolutely ceased , and was of no more force than if it had never been , and so continued for many years buried in oblivion . . in a parliament held the . of k. james , ca. . it is ( amongst other things ) enacted , ' that this statute of the . of el●z . shall be adjudged ever since the session in the seventh year of his majesties reign of england , to have been of such force and effect , as the same were the last day of that session , and from thenceforth to the end of the first session of the next parliament . — but the truth is , that the said statute of the th of eliz. was in no force , nor of any effect at the last day of the session in the th year of k. james , being expired and gone long before , viz in the . year of that king as aforesaid . and being so down then this stat. of the . jacobi can no way set it up again ; for this only sets up what was in force in that session of the th of k. james , and no otherwise . . so likewise in the . caroli primi , cap. . this act ( amongst others ) is mentioned ; but how ? — that it shall continue to the end of the first session of the next parliament , in such force and effect as it was the first year of charles the first , — when indeed it was then in no force at all . . in the th caroli secundi , cap. . an act was made , intituled , an act to prevent and suppress seditious conventicles . which begins thus : whereas an act made in the th year of the reign of our late soveraign lady queen eliz. intituled , an act to retain the queens majesties subjects in their due obedience , hath not been put in execution , by reason of some doubt of late made , whether the said act be still in force , although it be very clear and evident : and it is hereby declared , that the said act is still in force , and ought to be put in execution : for providing therefore of further and more speedy remedies , &c. be it enacted , &c. and the last clause of this statute of the car. di . runs thus : provided that this act continue in force for years after the end of this present session of parliament , and from thence to the end of the next session of parliament , after the said years , and no longer . now how far these words — it is hereby declared that it is in force , and ought to be put in execution ; without saying , it is hereby enacted , that it shall be in force , might operate to give some life and strength to the aforesaid expired statute of the th of eliz. i shall not determine : but suppose it were thereby set on foot again , this last statute is but one intire statute , and that part which declares or inables the statute of the th of eliz. to be in force , is joined and annexed to the rest , and is altogether but one law , and hath its period at the time before prefixed , and then that declarative part must die with the rest . now that session wherein this statute of car. . was made , ended the th and th of car. . then the three years , for which it was to continue commenc'd , and ended the th car. d . but after the three years it was to continue till the next session of parliament , which next session , after the three years , began . october , . and by adjournments was continued to the th of october , , being the d of car. d . and then was the end of that , and with it this conventicle act expired , so that now there is no pretence of the th of elizabeth's being in force ; for the declarative part in this conventicle act cannot enforce or give life to any thing longer than it lives itself : for if the declaring part of this act , after it self is extinguisht , can be read , urg'd or construed as a law to enforce and enliven another statute , which hath no being of a law in it self , then it would necessarily follow , that an expired law is as authentick as a law in being , which is absurd . from what hath been said , it appears , that as protestant dissenters ought not to be prosecuted on the laws made against popish recusants ; so likewise 't is very evident , that both the statute of the th of eliz. and also that of the th of car. secundi , are expired , and of no force . and indeed 't is happy for the nation that they are so ; for had these two acts been still in force , being of a cruel sanguinary nature , much mischief might have accrewed to the people of this kingdom . so that there are now no laws in being to punish the conventiclers , and the nonconformist ministers , who did not conform to the act of uniformity made in this king's reign ; but the act commonly called the mile or oxford act : and the conventicle act made the th of this king. these we shall severally consider . anno . caroli secundi , ca. . an act for restraining nonconformists from inhabiting in corporations . whereas divers parsons , vicars , curates , lecturers , and other persons in holy orders have not declared their unfeigned assent and consent to the use of all things contained and prescribed in the book of common-prayer . and administration of the sacraments , and other rites & ceremonies of the church , according to the use of the church of england , or have not subscribed the declaration or acknowledgment contained in a certain act of parliament made in the year of his majesties reign , and intituled , an act for the vniformity of publick prayers , and administration of sacraments , and other rites and ceremonies , and for the establishing the form of making , ordaining , and consecrating of bishops , priests and deacons in the church of england , according to the said act , or any other subsequent act , and whereas they or some of them , and diverse other person and persons not ordained according to the form of the church of england , and as have since the act of oblivion taked upon them to preach in unlawful assemblies , conventicles , or meetings , under colour or pretence of exercise of religion , contrary to the laws and statutes of this kingdom , have setled themselves in divers corporations in england sometimes three or more of them in a place , thereby taking an opportunity to distil the poisonous principles of schism and rebellion into the hearts of his majesties subjects , to the great danger of the church and kingdom . ii. be it therefore enacted by the kings most excellent majesty , by and with the advice and consent of the lords spiritual and temporal , and the commons in this present parliament assembled ; and by the authority of the same , that the said parsons , vicars , curates , lecturers , and other persons in holy orders , or pretended holy orders , or pretending to holy orders , and all stipendiaries , or other persons who have been possessed of any ecclesiastical or spiritual promotion , and every of them , who have not declared their unfeigned assent and consent as aforesaid , and subscribed the declaration aforesaid , and shall not take and subcribe the oath following . i a. b. do swear , that it is not lawful upon any pretence whatsoever , to take arms against the king ; and that i do abhor that traiterous position of taking arms by his authority against his person , or against those that are commissioned by him , in pursuance of such commissions ; and that i will not at any time endeavour any alteration of government either in church or state. iii. and all such person , and persons as shall take upon them to preach in any unlawful assembly , conventicle or meeting , under colour or pretence of any exercise of religion , contrary to the laws and statutes of this kingdom , ( . ) shall not at any time from and after the th day of march , which shall be in this present year of our lord god one thousand six hundred sixty and five , unless only in passing upon the road , come or be within five miles of any city , or town corporate , or burrough , that sends burgesses to the parliament , within his majesties kingdom of england , principality of wales , or of the town of berwick upon tweed , ( ) or within five miles of any parish town or place , wherein he or they have since the act of oblivion been parson , vicar , curate , stipendiary , or lecturer , or taken upon them to preach in any unlawful assembly , conventicle or meeting , under colour or pretence of any exercise of religion , contrary to the laws and statutes of this kingdom , ( ) before he or they have taken and subscribed the oath aforesaid , before the justices of the peace at their quarter-sessions , to be holden for county , riding , or division next unto the said corporation , city , or burrough , parish , place or town , in open court ; ( which said oath the said justices are hereby impowered there to administer , ) ( ) upon forfeiture for every such offence the sum of forty pounds of lawful english money ; the one third part thereof to his majesty and his successors , the other third part to the use of the poor of the parish where the offence shall be committed , and the other third part thereof to such person or persons as shall or will sue for the same by action of debt , plaint , bill , or information in any court of record at westminster , or before any justices of assize , oyer and terminer , or gaol-delivery , or before any justices of the counties palatine of chester , lancaster , or durham , or the justices of the great sessions in wales , or before any justices of peace in their quarter sessions , wherein no essoin , protection , or wager of law shall be allowed . iv. provided always , and be it further enacted by the authority aforesaid , that it shall not be lawful for any person or persons restrained from coming to any city , town corporate , burrough , parish , town , or place , as aforesaid , or for any other person or persons as shall not first take and subscribe the aforesaid oath , and as shall not frequent divine service established by the laws of this kingdom , and carry him or her self reverently , decently , and orderly there , to teach any publick or private school , or take any boarders or tablers , that are taught or instructed by him or her self , or any other , upon pain for every such offence to forfeit the sum of forty pounds , to be recovered and distributed as aforesaid . v. provided also , and be it further enacted by the authority aforesaid , that it shall be lawful for any two justices of the peace of the respective county , upon oath to them of any offence against this act , which oath they are hereby impowered to administer , to commit the offender for six months without bail or mainprise , unless upon or before such commitment , he shall before the said justices of the peace , swear and subscribe the aforesaid oath and declaration . vi. provided always , that if any person intended to be restrained by vertue of this act , shall without fraud or covin be served with any writ , sub-poena , warranr , or other process , whereby his personal appearance is required , his obedience to such writ , sub-poena , or process shall not be construed an offence against this act. note , that as to the penalty of forty pound , the party must be tried at the assises or sessions before it is forfeited . but any two justices of peace may commit for six months , unless before them he 'l swear and subscribe the oath in this declaration specified , the assent and consent , and the declaration therein referr'd unto , which if he do he puts himself out of their power . now the assent and consent he has spoke of is appointed by the stat. , and . of car. di , chap. . as follows . i a. b. do here declare my unfeigned assent & consent to all & every thing contained & prescribed , in & by the book intituled , the book of common prayer , & administration of the sacraments , and other rites and ceremonies of the church , according to the use of the church of england , together with the psalter or psalms of david , pointed as they are to be sung or said in churches ; and the form and manner of making , ordaining , and consecrating of bishops , priests , and deacons . the declaration is by the act last mentioned , as follows . i a. b. do declare , that it is not lawful , upon any pretence whatsoever , to take arms against the king ; and that i do abhor that traiterous position of taking arms by his authority against his person , or against those that are commissioned by him ; and that i will conform to the liturgy of the church of england , as it is now by law established : and i do declare , that i do hold there lies no obligation upon me , nor any other person , from the oath commonly called the solemn league and covenant to endeavour any change or alteration of government , either in church or state ; and that the same was in it self an unlawful oath , and imposed upon the subjects of this realm against the known laws and liberties of this kingdom . but note , that this last branch of this declaration , by a subsequent clause of the same act , was to continue but till the th day of march , . so that now the same is not to be required . — and thus much for this five-mile act. we now proceed to the other statute against protestant dissenters , viz. anno vicessimo secundo caroli secundi regis , cap. . an act to prevent and suppress seditions conventicles . for providing further and more speedy remedies against the growing and dangerous practices of seditious sectaries , and other disloyal persons , who under pretence of tender consciences , have or may at their meetings contrive insurrections ( as late experience hath shewn ; ) ( . ) be it enacted by the king 's most excellent majesty , by and with the advice and consent of the lords spiritual and temporal , and commons in this present parliament assembled , and by authority of the same , that if any person of the age of sixteen years , or upwards , being a subject of this realm , at any time after the tenth day of may next , shall be present at any assembly , conventicle or meeting , under colour or pretence of any exercise of religion , in other manner than according to the liturgy and practice of the church of england , in any place within the kingdom of england , dominion of wales , or town of berwick upon tweed , at which conventicle , meeting or assembly , there shall be five persons or more assembled together over and besides those of the same houshold ; if it be in a house where there is a family inhabiting ; or if it be in a house , field , or place where there is no family inhabiting ; then where any five persons or more , are so assembled as aforesaid , it shall and may be lawful to and for any one or more justices of the peace of the county , limit , division , corporation or liberty wherein the offence aforesaid shall be committed ; or for the chief magistrate of the place where the offence aforesaid shall be committed : and he and they are hereby required and enjoyned upon proof to him or them respectively made of such offence , either by confession of the party , or oath of two witnesses , ( . ) which oath the said justice and justices of the peace , and chief magistrate respectively , are hereby required and impowered to administer ; or by notorious evidence and circumstance of the fact , to make a record of every such offence under his or their hands and seals respectively ; which record so made as aforesaid , shall to all intents and purposes be in law taken and adjudged to be a full and perfect conviction of every such offender for such offence ; and thereupon the said justice , justices and chief magistrate respectively shall impose on every such offender so convict as aforesaid , a fine of five shillings for such first offence ; which record and conviction shall be certified by the said justice , justices or chief magistrate , at the next quarter-sessions of the peace , for the county or place where the offence was committed . . and be it further enacted by the authority aforesaid , that if such offender so convicted as aforesaid , shall at any time again commit the like offence or offences , contrary to this act , and be thereof in manner aforesaid convicted , then such offender so convict of such like offence or offences , shall for every such offence incur the penalty of ten shillings ; ( . ) which fine and fines for the first and every other offence , shall be levied by distress and sale of the offenders goods and chattels ; or in case of the poverty of such offender , upon the goods and chattels of any other person or persons who shall be then convicted in manner aforesaid of the like offence at the same conventicle , at the discretion of the said justice , justices , or chief magistrate respectively , so as the sum to be levied on any one person in case of the poverty of other offenders , amount not in the whole to above the sum of ten pounds , upon occasion of any one meeting as aforesaid : ( . ) and every constable , headborough , tythingman , church-wardens , and over-seers of the poor respectively , are hereby authorized and required to levy the same accordingly , having first received a warrant under the hands and seals of the said justice , justices , or chief magistrate respectively so to do ; ( ) the said monies so to be levied , to be forthwith delivered to the same justice , justices , or chief magistrate , and by him or them to be distributed , the one third part thereof to the use of the king's majesty , his heirs and successors , to be paid to the high sheriff of the county for the time being in manner following ; that is to say , the justice or justices of peace shall pay the same into the court of the respective quarter-sessions , which said court shall deliver the same to the sheriff , and make a memorial on record of the payment and delivery thereof , which said memorial shall be a sufficient and final discharge to the said justice and justices , and a charge to the sheriff , which said discharge and charge shall be certified into the exchequer together , and not one without the other : and no justice shall or may be questioned , or accountable for the same in the exchequer or elsewhere , than in quarter-sessions ; another third part thereof to and for the use of the poor of the parish , where such offence shall be committed ; and the other third part thereof to the informer and informers , and to such person and persons as the said justice , justices , or chief magistrate respectively , shall appoint , having regard to their diligence and industry in the discovery , dispersing and punishing of the said conventicles . . and be it further enacted by the authority aforesaid , that every person who shall take upon him to preach or teach in any such meeting , assembly , or conventicle , and shall thereof be convicted as aforesaid , shall forfeit for every such first offence the sum of twenty pound , to be levied in manner aforesaid , upon his goods and chattles ; ( . ) and if the said preacher or teacher so convicted be a stranger , and his name and habitation not known , and is fled and cannot be found , or in the judgment of the justice , justices , or chief magistrate , before whom he shall be convicted , shall be thought unable to pay the same , the said justice , justices , or chief magistrate respectively , are hereby impowered and required to levy the same by warrant as aforesaid upon the goods & chattels of any such persons who shall be present at the same conventicle , any thing in this or any other act. law , or statute to the contrary notwithstanding ; and the money so levied to be disposed of in manner aforesaid . ( . ) and if such offender so convicted as aforesaid , shall at any time again commit the like offence or offences contrary to this act , and be thereof convicted in manner aforesaid , then such offendor so convicted of such like offence or offences , shall for every such offence incur the penalty of forty pounds , to be levied and disposed as aforesaid . . and be it further enacted by the authority aforesaid , that every person that shall wittingly and willingly suffer any such conventicle meeting , or unlawful assembly aforesaid , to be held in his or her house , out-house , barn , yard , or backside , and be convicted thereof in manner aforesaid , shall forfeit the sum of l. to be levied in manner aforesaid , upon his or her goods and chattels ; or in case of his or her poverty or inability as aforesaid , upon the goods and chattels of such persons who shall be convicted in manner abovesaid , of being present at the same conventicle ; and the money so levied to be disposed of in manner aforesaid . . provided always , and be it enacted by the authority aforesaid , that no person shall by any clause of this act be liable to pay above ten pounds for any one meeting , in regard of the poverty of any other person or persons . provided also , and be it further enacted , that in all cases of this act where the penalty or sum charged upon any offendor , exceeds the sum of ten shillings , and such offendor , shall find himself aggrieved , it shall and may be lawful for him within one week after the said penalty or money charged shall be paid or levied , to appeal in writing from the person or persons convicting , to the judgment of the justices of the peace in the next quarter-sessions , ( . ) to whom the justice or justices of peace , chief magistrate or alderman , that first convicted such offendor , shall return the money levied upon the appellant , and shall certifie under his and their hands and seals , the evidence upon which the conviction past , with the whole record thereof , and the said appeal : ( . ) whereupon such offendor may plead and make defence , and have his tryal by a jury thereupon : ( . ) and in case such appellant shall not prosecute with effect , or if that upon such trial he shall not be acquitted , or judgment pass not for him upon his said appeal , the said justices at the sessions shall give treble costs against such offendor for his unjust appeal ( . ) and no other court whatsoever shall intermeddle with any cause or causes of appeal upon this act , but they shall be finally determined in the quarter-sessions only . . provided alwaies , and be it further enacted , that upon the delivery of such appeal as aforesaid , the person or persons appellant , shall enter before the person or persons convicting into a recognizance , to prosecute the said appeal with effect . ( . ) which said recognizance the person or persons convicting is hereby impowered to take , and required to certifie the same to the next quarter sessions . ( . ) and in case no such recognizance be entred into , the said appeal to be null and void . . provided alwaies that every such appeal shall be left with the person or persons so convicting as aforesaid , at the time of the making thereof . . and be it further enacted by the authority aforesaid , that the justice , justices of the peace and chief magistrate respectively , or the respective constables , headboroughs and tything-men by warrant from the said justice , justices , or chief magistrate respectively , shall and may with what aid , force , and assistance they shall think fit , for the better execution of this act , after refusal or denial to enter , break open and enter into any house or other place , where they shall be informed of any such conventicle as aforesaid , is or shall be held , as well within liberties as without ; ( . ) and take into their custody the persons there unlawfully assembled , to the intent they may be proceeded against according to this act : ( . ) and that the lieutenants or deputy lieutenants , or any commissionated officer of the militia , or other of his majesties forces , with such troops or companies of horse and foot ; and also the sheriffs and other magistrates and ministers of justice , or any of them , jointly or severally within any of the counties or places within this kingdom of england , dominion of wales , or town of berwick upon tweed , with such other assistance as they shall think meet , or can get in readiness with the soonest , on certificate made to them respectively under the hand and seal of any one justice of the peace or chief magistrate , of his particular information or knowledge of such unlawful meeting or conventicle held , or to be held in their respective counties or places , and that he with such assistance as he can get together , is not able to suppress and dissolve the same , shall and may , and are hereby required and enjoyned to repair unto the place where they are so held or to be held ; and by the best means they can , dissolve , dissipate , or prevent all such unlawful meetings , and take into their custody , such and so many of the said persons so unlawfully assembled as they shall think fit , to the intent they may be proceeded against according to this act. . provided alwaies that no dwelling-house of any peer of this realm where he or his wife shall then be resident , shall be searched by vertue of this act , but by immediate warrant from his majesty under his sign manual , or in the presence of the lieutenant , or one deputy lieutenant , or two justices of the peace , whereof one to be of the quorum of the same county or riding . . and be it further enacted by the authority aforesaid , that if any constable , headborough , tythingman , church-warden or overseer of the poor , who shall know or be credibly informed of any such meetings or conventicles held within his precincts , parishes or limits , and shall not give information thereof to some justice of the peace , or the chief magistrate , and endeavour the conviction of the parties according to his duty , but such constable , headborough , tything-man , church-warden , overseers of the poor , or any person lawfully called in aid of the constable , headborough or tything-man , shall wilfully and wittingly omit the performance of his duty , in the execution of this act , and be thereof convicted in manner aforesaid , he shall forfeit for every such offence the summe of five pound to be levyed upon his goods and chattels , and disposed in manner aforesaid . ( . ) and that if any justice of the peace , or chief magistrate shall wilfully and wittingly omit the performance of his duty in the execution of this act , he shall forfeit the summe of one hundred pounds , the one moiety to the use of the informer , to be recovered by action , suit , bill or plaint , in any of his majesties courts at westminster , wherein no essoign , protection or wager of law shall lie . . and be it further enacted by the authority aforesaid , that if any person be at any time sued for putting in execution any of the powers contained in this act , otherwise than upon appeal allowed by this act , such person shall and may plead the general issue , and give the special matter in evidence ; ( . ) and if the plaintiff be nonsuit , or a verdict pass for the defendant , every such defendant shall have his full treble costs . . and be it further enacted by the authority aforesaid , that this act , and all clauses therein contained , shall be construed most largely and beneficially for the suppressing of conventicles , and for the justification and encouragement of all persons to be employed in the execution thereof . ( . ) and that no record , warrant or mittimus to be made by vertue of this act , or any proceedings thereupon shall be reversed , avoided , or any way impeached by reason of any default in form . ( . ) and in case any person offending against this act , shall be an inhabitant in any other county or corporation , or fly into any other county or corporation after the offence committed , the justice of peace or chief magistrate before whom he shall be convicted as aforesaid , shall certifie the same under his hand and seal , to any justice of peace , or chief magistrate of such other county or corporation wherein the said person or persons are inhabitants , or are fled into . ( . ) which said justice or chief magistrate respectively , is hereby authorized and required to levy the penalty or penalties in this act mentioned upon the goods and chattels of such person or persons , as fully as the said other justice of peace might have done , in case he or they had been inhabitants in the place where the offence was committed . . provided also that no person shall be punished for any offence against this act , unless such offender be prosecuted for the same within three months after the offence committed . ( . ) and that no person who shall be punished for any offence by vertue of this act , shall be punished for the same offence by vertue of any other act , or law whatsoever . . provided and be it further enacted by the authority aforesaid , that every alderman of london for the time being , within the city of london and the liberties thereof , shall have ( and they and every of them are hereby impowered and required to execute ) the same power and authority within london and the liberties thereof , for the examining , convicting and punishing of all offences within this act committed within london , and the liberties thereof , which any justice of peace hath by this act in any county of england , and shall be subject to the same penalties and punishments , for not doing that which by this act is directed to be done by any justice of peace in any county of england . . provided and be it enacted by the authority aforesaid , that if the person offending and convicted as aforesaid , be a feme-covert , cohabiting with her husband , the penalties of five shillings and ten shillings , so as aforesaid incurred , shall be levyed by warrant as aforesaid , upon the goods and chattels of the husband of each feme-covert . . provided also that no peer of this realm shall be attached or imprisoned by vertue or force of this act , any thing , matter or clause therein to the contrary notwithstanding . . provided also , that neither this act , nor any thing therein contained , shall extend to invalidate or avoid his majesties supremacy in ecclesiastical affairs ; ( . ) but that his majesty and his heirs and successors , from time to time , and at all times hereafter , exercise and enjoy all powers and authority in ecclesiastical affairs , as fully and as amply as himself or any of his predecessors have , or might have done the same , any thing in this act notwithstanding . notes upon the foregoing act. . by the title , preamble and scope of the act it appears that the same is intended for suppressing seditious conventicles under pretence of religious worship ; that is , where the conventiclers meet together under a pretence of worship , not according to the liturgy and practice of the church of england , but indeed to carry on ill designs against the state. . if any such conventicle be , the justices knowing it by the oaths of two witnesses , may make a record thereof , and then the persons so offending , shall forfeit so as in the act you have heard . . it must appear upon oath before the justices , or confession of the parties , . that it was a seditious conventicle , met together to disturb the peace , under pretence of religion . . that the worship there practised , was not according to the liturgy and practice of the church of england ; so that the informers must be present the whole time of the meeting : for if they only hear a man praying or preaching , that is not contrary to the practice of the church of england , and how does it appear that they did not read the liturgy ? . it must be proved that there were assembled five persons or more , besides the inhabitants in the house . . if a party be fined above ten shillings , if he pay down the money , or it be levied within one week after such payment or levy , he may appeal from the justice convicting , to the next quarter-sessions , where he shall have a tryal by jury thereupon , and undoubtedly if it do not appear to the said jury that it was a seditious meeting , they ought to find for the appealer . . a general warrant from any justice or justices to constables , to inquire after , seize , &c. all conventicles in their precincts , is not good ; it ought to particularize the house and place , houses and places where the conventicle is , or conventicles are held , and then the constable ought forthwith to goe , and if he finds it so , to suppress it ; but otherwise the constable might be put to endless vexation in hunting after meetings to no purpose , whereas the act enjoyns him no such trouble ; and if you go once and find no conventicle , you are not obliged to go a second time on the same warrant , but ought to have a new one , nor is the constable obliged to turn informer . . as to breaking open doors , you see the act directs that it may be done , first only in an house where 't is inform'd there is actually a conventicle as aforesaid ( that is upon the oaths of two persons . ) . the constables , &c. cannot do this without first there be a demand and denial to enter : . nor then neither without a warrant from the justice to that purpose . if a constable upon a light vain tale , without two persons swearing it , that there is at such a house a meeting , and without warrant shall venture to break open the doors , and there be found no conventicle , he makes himself liable to be indicted for burglary . . there is no power given to break doors for levying the penalties , therefore let the constables and officers be wary what they do in that case . . constables would do well to know and assert the dignity of their office , they are not to run up and down like lacquies after the capricio's of every justice , and spend the lords day prophanely in hunting after meetings ; if the justices are upon sufficient oath inform'd of a meeting , and will make out a warrant specifying where it is , you 'l goe , but to ramble about with them from this place to that , you are not obliged ; no more are you to seize or imprison persons on the verbal command of any justice , unless in visible breach of the peace , but you must have a warrant , specifying the persons name and offence , before you can lay hold of him , or else you may repent it , when sued another day for false imprisonment . . since by the statute of the of car. d. cap. . it is enacted in these words , provided also that no person or persons upon the lords day shall serve or execute , or cause to be served or executed , any writ , process , warrant , order , judgment or decree , ( except in cases of treason , felony , or breach of the peace ) but that the service of every such writ , process , warrant , &c. shall be void to all intents and purposes whatsoever ; and the person or persons so serving or executing the same shall be as liable to the suit of the party grieved , and answer damages to him for doing thereof , as if he or they had done the same without any writ , process , warrant , order , judgment , or decree at all . it will concern all constables and officers to consider with what safety they can execute any such warrants at all on the lords day , on peaceable meetings , it being evident that every man they disturb by colour of such warrant on that day , has by this statute a good action against them : and so much for laws against dissenters . in the next place , according to our promise , we shall here add an abstract of the laws against popery and papists ; and perhaps as 't is said , where there are most laws there are most offences , so here we may say , though there be such abundance of acts , of such severe and various penalties , yet there are scarce any sort of criminals more rarely brought to conviction or punishment . the second refusal of the oath of supremacy , punisht as high treason , eliz. . to maintain or extol authority of the sea of rome , the second time , high treason , eliz. . to obtain or put in use any bull from rome , high treason , eliz. . to perswade or reconcile , or to be reconciled to the roman religion , high treason , eliz. . & jac. . for jesuite or priest made by authority from the pope , to come into , or remain in the kings dominions , high treason . eliz. . so for remaining in a seminary six months after proclamation , and afterward returning , high treason , eliz. . for concealing of a bull or other instrument from rome , or reconciliation offer'd , punisht as misprision of treason , eliz. . to maintain or conceal those who perswade , or are reconciled to the roman religion , misprision of treason , eliz. . to receive , relieve , comfort jesuit or priest , knowing him to be such , punisht as felony , eliz. . to go and serve a foreign prince , having not before taken the oath of allegiance , and entred bond not to be reconciled to the roman religion , felony , jac. . the first refusal of the oath of supremacy , is punisht as in case of a premunire , which imports a forfeiture of all lands and goods , imprisonment for life , and a deprivement of the benefit of law , eliz. . to set forth or defend power spiritual in the sea of rome , premunire , eliz. . to bring or receive any agnus dei , crosses , pictures , or such like from rome , premunire , eliz. . eliz. . to aid any person who hath put in use any bull from the sea of rome , premunire , eliz. . eliz. . to send or give relief to any continuing in colledges or seminaries beyond sea , premunire , eliz. . refusal of the oath of allegiance upon the second tender , premunire , jac. . & jac. . for not discovering of priests made beyond the seas , imprisonment , eliz. . upon indictment of recusancy by proclamation , imprisonment , eliz. . those that are not able , or fail to pay their forfeitures , are to be imprisoned until payment , or conformity , eliz. . women covert imprisoned for refusal of the oath of allegiance , jac. . for non-payment of twelve pence for every sunday , imprisonment , jac. . women covert convicted for recusancy , imprisoned till her husband pay ten pounds a month , or a third part of his lands , jac. . standing excommunicated for recusancy , house may be broken up for his apprehension , jac. . those who shall forbear to come to church by the space of twelve months , bound to good behaviour , with surety in the kings-bench , eliz. . every recusant is confin'd to five miles compass for life , eliz. . to ten miles distant from london , jac. . not to come into the house where the king or his heir apparent is , jac. . for absence from church-service every sunday twelve pence forfeited , eliz. . and for every holiday twelve pence forfeited , jac. . for absence from common prayer , every month , twenty pounds forfeited , eliz. . jac. . for default of payment of twenty pounds a month , all goods , two parts of land , and leases forfeited , eliz. . & jac. . at the kings election to take or refuse twenty pounds a month , or to take two parts of the recusants estate , jac. . all copy-hold lands of recusants forfeited , eliz. . the forfeitures of the ancestor charged upon his heir being a recusant , jac. . a recusant forfeits for not receiving the sacrament according to the service book , the first year twenty pounds , the second year forty pounds , the third year and every year after sixty pounds , jac. . to the presenter out of the recusants goods forty shillings forfeited , jac. . for every recusant sojourner and servant , ten pounds for every month forfeited , jac. . two parts of dower or joynture of a married ▪ woman forfeited , jac. . coming to court , an hundred pounds forfeited , jac. . for not baptizing of children according to the service-book publickly within a month after their birth , an hundred pound forfeited , jac. . for marrying otherwise than by a minister , an hundred pounds forfeited , jac. . for burying out of the church or church-yard an hundred pounds forfeited , jac. . for sending children beyond seas without license , an hundred pounds forfeited , jac. . for maintaining a school-master not going to church , or allowed to teach , for every month ten pounds forfeited , eliz. . & eliz. . and forty shillings per diem forfeited by the school-master and recusant that keeps him , jac. . all goods and lands during life , for breach of confinement forfeited ; eliz. . & jac. . the like forfeiture for going or sending children beyond the seas to be bred in popery , car. . for residing within ten miles of london , an hundred pounds forfeited , jac. . for practising any function expressed in the statute of jac. an hundred pounds forfeited , jac. . disabled to reverse indictment for want of form or other defect , jac. . disabled from the practise of several functions , whereby to gain their livings , viz. from practising common law , civil law , or being a steward , attorney , solicitor or officer in any court ; from practising physick , or being apothecary , and from bearing any office in camp , troop or band of soldiers , or in any ship , castle or fortress , &c. jac. . by the wifes recusancy , the husband disabled from publick office or charge in the common-wealth , jac. . by marrying otherwise than the church of england alloweth , the husband disabled to be tenant by courtesie , the wife disabled to have dower , jointure , free banks , or any part or portion of her husbands goods , jac. . disabled to sue or prosecute actions , to present to a benefice , to be executor , administrator , or guardian , jac . children sent beyond the seas without license , are disabled to take benefit of gift , conveyance , descent or devise , jac. . & jac. . notwithstanding these forfeitures , recusants are no less subject to ecclesiastical sentences , eliz. . & jac. . [ but quaere , whether one papist was quâ talis , ever excommunicated since the kings happy restauration , though many thousand . protestants have been : ] refusal to receive the sacrament , and take the oaths of supremacy and allegiance , ipso facto disables from any publick trust , car. . ca. . peers and members of parliament disabled to sit , untill taking of oaths of allegiance and supremacy , and declaring against transubstantiation and the idolatry of rome , car. . stat. . having thus collected together divers of the most remarkable and advantagious of our laws , whereby the liberties of english-men are guarded and secured ; since the best of laws are but insignificant cyphers , if not honestly put in execution ; and since in the execution of our laws jvries are mainly concern'd , who if ignorant of their duty , or corrupt , or over-awed , and not daring to make use of that just power , wherewith the law hath invested and intrusted them , may give up all those precious priviledges , and subject us to the worst kind of slavery , under pretence of law : therefore here in the last place , for the information of my honest country-men , the freeholders of england , and others who in corporations are daily call'd to this important service , i shall subjoin a brief discourse of juries . sect . i. of the advantages englishmen enjoy by this trial by juries , above any other nation under heaven . 't is one of the miserable follies of depraved humane nature , that it commonly sleights present enjoyments , and rarely rates the good things it possesses at their true value , till 't is deprived of them . this grand priviledge of trials per pais , by our countrey , that is by jvries , as it seems to have been as ancient as the government or first form of policy in this island ; for it was not unknown to the ancient brittains ( as appears by their books and monuments of antiquity ) practised by the saxons , [ see king ethelreds laws in lambert , p. . and coke . part instit . fo . . ] and confirmed since the invasion of the normans by magna charta as you have heard , and continual usage ; so it is a thing of the highest moment and an essential felicity to all english subjects . for look abroad in france , spain , italy , or indeed ( almost ) where you will , and observe the miserable condition of the inhabitants , either intirely subjected to the arbitrary lusts of tyrants , who plunder , dismember or slay them , according as the humour takes them , and many times without the least provocation , meerly for sport , and to gratifie a savage cruelty : or at best , you will behold them under such laws as render their lives , liberties and estates liable to be disposed of at the discretion of strangers appointed their judges , most times mercenary , and creatures of prerogative ; sometimes malicious and oppressive , and too often partial and corrupt . or suppose them never so just and upright , yet still has the subject no security against subornations and the attacques of malicious , false and unconscionable witnesses ; yea when there is no sufficient evidence , upon meer suspicions they are obnoxious to the tortures of the rack , which often make an innocent man confess himself guilty meerly to get out of present pain : or if he do with invincible courage endure the question ( as they call those torments ) he is many times so spoiled in his limbs as he scarce ever is his own man again . whereas such has been the goodness of god , and the prudent care of our ancestors , that to our inestimable happiness , we are born and live under a mild and righteous constitution , where all these mischiefs may be prevented , where none can be legally condemned , either by the power of superior enemies , or the rashness or ill will of any judge , nor by the bold affirmations of profligate evidence : for by a fundamental law in our government , no mans life ( unless it be in parliaement , which is a supream court , and 't is supposed will never do any man wrong ) shall be touched for any crime whatsoever , but upon being found guilty on two several trials ( for so may that of the grand and petty jury be called ) and the judgment of twice twelve men at least , all of his own condition and neighbourhood , and upon their oaths , [ coke . part of instit . p. . ] that is to say , twelve or more to find the bill of indictment against him , and twelve others to give judgment upon the general issue of not guilty : all which jurors must be honest , substantial , impartial men , and being neighbours of the party accused , or place where the supposed fact was committed , cannot be presumed to be unacquainted either with the matters charged , the prisoners course of life , or the credit of the evidence : and all these must first be fully satisfied in their consciences , that he is guilty , and so unanimously pronounce him upon their oaths , or else he cannot be condemned . for the office and power of these juries is judicial : they only are the judges , from whose sentence the indicted are to expect life or death ; upon their integrity and understanding , the lives of all that are brought into judgment do ultimately depend ; from their verdict there lies no appeal : by finding guilty or not guilty , they do complicately resolve both law and fact. judges are made by prerogative , and many times heretofore they have been preferred by corrupt ministers of state , and may be so again in time to come ; and such advanced as would serve a present turn , not always those of the most integrity and skill in the laws : their places are so honourable and profitable , and their tenure so ticklish , viz. durante beneplacito , meerly during pleasure , that they lie under no small temptations , which perhaps with some may be never the less unlikely to prevail , for their having generally been wont before to take fees ; they are concern'd in so many causes , that they are the oftner subject to be tempted , and are so few that they may be the easier corrupted : they cannot be challenged , and may be apt to think themselves above any action , and thence be encouraged to strain a point now and then . the major part of them agreeing , is enough : they are never sworn at each particular trial , nor ever at all but once , and that exceeding generally : i say all these things may possibly sometimes happen to biass some judges ( for i intend not the least reflection hereby on any of those honourable persons who at present deservedly supply our seats of justice . ) but nothing of that kind can reasonably happen to a jury . for , . they are return'd by a sworn officer . . must be men of a clear reputation , and competent estate . . being neighbours , they may know something of the business on their own knowledge . . their office is but a trouble , not accompanyed with any great honour , nor any profit at all . . they are all solemnly sworn to each particular cause . . the party may challenge in case of treason and of them in felony , without shewing any cause , and as many more as he can assign cause against . . of the grand jury twelve at least must joyn in the verdict , and of the petty jury every man of the twelve must consent upon his oath , or else 't is all nothing . and lastly , if they give a corrupt verdict between party and party , they are liable to an attaint . [ but i do not find any attaint lies in criminal causes , where the king is a party . ] now let any man of sence consider , whether this method be not more proper for bolting out the truth , for finding out the guilty , and preserving the innocent , than if the whole decision were left to the examination of a judge , or two or three , whose interests passion , haste , or multiplicity of business may easily betray them into error . deservedly therefore is this priviledge of tryal by juries rank'd amongst the choicest of our fundamental laws , which whosoever shall goe about openly to suppress , or craftily to vndermine , and render only a formality , does ipso facto attacque the government , and brings in an arbitrary power , and is an enemy and traitor to his king and countrey ; for which reason english parliaments have all along been most zealous for preserving this great jewel of liberty , trials by juries , having no less than . several times since the norman conquest been established and confirmed by the legislative power , no one priviledge besides having been neer so often remembred in parliament . sect . ii. what persons ought to be jury-men , and how qualified . as the office of juries is of such great importance , so the wisdom of our law has provided that the same shall be supplyed with persons of ability , honesty , integrity and indifferency : for ( as my lord cook saith , . part instit . sect. . fo . . ) he that is of a jury must be liber homo , that is , not only a free man , and not bond , but also one that hath such freedome of mind , as he stands indifferent , as he stands unsworn . . he must be legalis , and by the law every juror that is returned for the trial of any issue or cause , ought to have three properties . . he ought to be dwelling most near to the place where the question is moved . . he ought to be most sufficient both for understanding and competency of estate . . he ought to be least suspicious , that is , to be indifferent as he stands unsworn , and then he is acounted in law , liber & legalis homo , otherwise he may be challenged and not suffered to be sworn ; but a mans being excommunicated , ( as was said before ) is no barr to his being a jury man , much less his being a dissenter or non-frequenter of church ceremonies , if he be otherwise qualified with estate and understanding ; for at that rate , if popery should ever get uppermost , no protestant at all would be capable of being a jury-man , because a non-conformist to holy church . now if no statute excludes protestants unconvicted of any crime , or dissenters ( quâ tales ) to serve on juries , i should think we ought to wait at least till an act of parliament be made to that purpose , before we deny them liberam legem ; and to act otherwise , in my silly opinion seems not only unwarrantable , but a daring usurpation of legislative power : in a word , jurors must be free of and from all manner of bondage , obligations , affections , relations and prejudices ; they must be the peers or equals of the party they are to try ; they must be of full age , years old or upwards , not outlaw'd , never attainted or convicted of treason , felony , false verdict , perjury , or adjudged infamous ; they were anciently all knights , as we read in glanvil and bracton , and they must still be persons of worth and repute ; and as they are returned by a sworn officer , the sheriff , so they of the petty jury must be every one sworn every several trial by a particular oath , the more to remind them of their duty . nay , it should seem in ancient times , thō the office and duty were still the same as at this day , yet their honour and dignity were much greater . the mirrour of justices , ( a great part of which was written before the conquest , and augmented by andrew horn , a learned lawyer in the time of king edw. the d . ) p. . [ in the french , and . in the english ] makes no scruple to call them jvdges , judges ordinaries sunt suitors ; and dr. cowel in his interpreter , tells us , juries were [ anciently ] associates and assistants to the judges of the court in a kind of equality , whereas now a dayes they attend them in great humility : and cites the customary of normandy , and lambert , as being of the same sentiment . nay , many wise and learned men have wondred , that since the law has conferr'd such ample power on jury-men , why they should have no kind of mark of honour or distinction , as liberty to sit with their hats on , from the time they are sworn to the delivery of their verdict , or the like ; for as the custom is now a dayes , they sitting amongst the croud with their caps off , as well as the worst malefactors they are to trye , 't is not easie knowing them from the rest of the spectators . but this obiter , i desire not to bring in innovations , but only that english men may preserve their ancient undoubted priviledges , to which purpose it will concern all that are liable to be summoned to serve on juries , heedfully to inform themselves of their duty and office by law , that so they may uprightly discharge the same to god and the king , and their fellow subjects . sect . iii. of grand juries , their duty , and the great importance of their office. juries are of two sorts . , the grand jury so called , both because it consists of a greater number than twelve , as commonly , , . or the like , [ but note they can make no verdict or presentment , unless twelve at least of them agree , and then what they do , is valid , thô the rest do not consent ; ] as also because generally they are of the greater quality , and likewise in respect of their power , because the extent of their office is more great and general , as extending to all offences throughout the whole county for which they serve . . the petty jury ( in cases criminal , called commonly the jury of life and death ) which alwaies consists of twelve men , neither more nor less , who must every man agree , or else it is no verdict . the oath of a grand jury-man , as i find it inserted in the collection , intituled the book of oaths , p. . is as follows . ye shall truly inquire and due presentment make of all such things as you are charged withall on the kings behalf : the kings council , your own , and your fellows , you shall well and truely keep , and in all other things the truth present : so help you god , and by the contents of this book . but according to modern practice , and as we find it published in the account of the late proceedings against the right honourable the earl of shaftsbury , said to be publisht by his majesties special command , is expressed somewhat more largely . the oath administred to the grand jury , as follows . you shall diligently inquire and true presentment make of all such matters , articles ; and things as shall be given you in charge , as of all other matters and things as shall come to your knowledge touching this present service , the kings council , your fellows and your own , you shall keep secret ; you shall present no person for hatred or malice , neither shall you leave any one unpresented for fear , favour or affection , for lucre or gain , or any hopes thereof , but in all things you shall present the truth , the whole truth , and nothing but the truth , to the best of your knowledge . so help you god. the office of a grand jury , or grand inquest , ( for by both those names 't is promiscuously call'd ) is principally concern'd in two things , presentments and indictments , the difference of which is thus : the first is when the jury themselves of their own knowledge or inquiry do take notice of some crime , offence or nusance , to the injury of the publick , which they think fit should be punished or removed ; and in order thereunto do give the court notice thereof in writing briefly and without form , onely the nature of the thing , and the persons name , and the place . and this is call'd a presentment , being the matter whereon to form an indictment , from which the presentment differs in these two respects . . in that is always originally the act of the grand jury . and , . that is not yet drawn up in form ; whereas indictments are commonly drawn up either by the order of the court , or at the instance of some prosecutor , and are brought before , and delivered unto the grand jury , and the witnesses sworn attend them , who examine the said witnesses , and as they think fit , return the indictments indors'd either billa vera , [ that is a true bill , ] or ignoramus , [ we are ignorant ] that is , we do not find the matter , or there does not appear to us such sufficient grounds for the accusation , that the persons life and reputation should be brought into question . from whence it appears that the end of their office is likewise two-fold . . to inquire after , and give notice of all crimes , offences , nusances , &c. in the county for which they serve , which by reason of their inhabitancy and estates therein they are presumed to have best opportunity to discover , and to find bills against malefactors where there are good grounds for the same , that so they may be brought to trial if they are forth-coming , or may be proceeded against to the outlawry if they are fled , for their said offences . . to preserve the innocent from the disgrace and hazards which ill men may design to bring them to , out of malice , or through subornation or other sinister ends ; for so tender is the law of the reputation and life of a man , that it will not suffer the one to be sullied , by the parties holding up his hand at the barr , and the other endanger'd by a trial , untill first the matter and evidence against him have been scann'd , examined , and found by a grand jury upon their oaths against him . therefore you see by their oaths , they are sworn not only to inquire , but diligently to inquire , not to be negligent or slothful , nor to take things upon trust or hurry them over carelesly , but to weigh the circumstances and sift the witnesses , and search out the truth of such informations as come before them , and to reject the indictment if it be not sufficiently proved ; and if they have reasonable suspicion of malice , subornation or wicked designs against any mans life or estate in such as offer or come to swear to the bill of indictment , they are bound by law as well as in conscience to use all diligence to discover the villany ; and if it appear to them ( whereof they are the legal judges ) to be a conspiracy or malicious conspiracy against the accused , they are bound not only to reject such bill of indictment , but forthwith to indict all the conspirators with their associates and abettors ; and that this is a main part of the grand juries office , appears not only from legal reason , but by an express statute , viz. edw. , . and edw. , . which sayes , that for preventing mischiefs done by false accvsers , none should be put to answer , unless it be by indictment or presentment of good and lawful people of the same neighbourhood where such deeds be done , that is to say , by a grand jury . the grounds upon which grand juries are to proceed in giving their verdicts , are either , . from their own knowledge , and so they may find an indictment against a person thô there be never a witness at all to it , and a petty jury may in like manner find a person guilty of a felony or murder whereof he stands indicted , thô no witnesses appear against him to prove it , and the reason thereof is , because the juries being always of the vicinage , the law supposes they may know the matter of their own knowledge , and therefore in all such cases when a jury is charged with a prisoner , and after the indictment read , witnesses fail to appear , the court always speaks thus to the jury : gentlemen , here is a. b. stands indicted of such a crime , but here 's no witnesses come against him , so that unless on your own knowledge you know him guilty , you must acquit him ; and certainly if the juries knowledge of a mans guilt , is enough to condemn him , i see not why their personal knowledge of a prisoners innocency , or of the witnesses swearing falsely , should not be sufficient to acquit him . . the other ground upon which the grand juries are to proceed , is testimony of witnesses , and this is call'd evidence , because it ought to be such as may make the matter clear , manifest , plain and evident to the jury ; and of this evidence the jury are the proper and only judges , therefore they ought ( according to their oath ) diligently inquire into the quality , repute , and circumstances of the witnesses , the likelyhood of what they depose , and whether they do not swear out of malice , subornation , self-interest , combination , or some ill design ; which to discover , they will do well to examine them apart , to note their variations and contradictions , to ask them sudden questions , and what questions are pertinent , not the judges , but the jury only can determine ; for they may know how to make use of them towards discovery of the truth , thô the judge does not , and 't is they are upon their oaths , not he , 't is they must satisfy their own consciences , the judge has nothing to do to intermeddle , he is bound by their verdict : let witnesses be never so rampantly positive , yet if the jurors have good and reasonable grounds not to believe them , they will , they must remain as ignorant to the parties crime as before : we find this expresly asserted for law in our books , as stiles's reports , l. . thô there be witnesses who prove the bill , yet the grand inquest is not bound to find it , if they see cause to the contrary , so coke l. . the judges use to determine who shall be sworn , and what shall be produced as evidence to the jury , but the jury are to consider what credit or authority the same is worthy of . if a grand jury are not judges of evidence , they signifie nothing . if ( as some would perswade us ) because people swear desperately , thô they do not believe them , they shall be bound to find the bill , then they signifie nothing , and are no security to preserve innocency . a lewd woman once resolv'd to indict the then arch-bishop of canterbury for a rape , she swore it no doubt very heartily , according to this new doctrine of going according to evidence , the jury must presently have found the bill , the arch-bishop must have been committed to prison , suspended from ecclesiastical jurisdiction , his goods and chattels throughout england inventoried by the sheriffs ; would it , think you , in that case have been a good excuse for the grand jury , to have said , that thô they believ'd in their conscience the baggage swore false , yet she swearing it positively , they as so many parish clerks were but to say amen to her oath of the fact , and to find billa vera against that eminent prelate ? and if the jury be judges of the credibility of evidence in this case , and may go contrary to it , why i pray may they not have the same liberty where they find good cause in others ? if an indictment be laid against a man for criminal words , said to be utter'd in a colloquium , or discourse , thô the witnesses roundly swear all the express words in the indictment , yet unless they will relate and set forth the substance of the whole talk , 't is impossible the jury should judge of the matter ; for the foregoing and subsequent words may render expressions that are innocent and loyal , which taken to halfs , may be rank treason ; as if one should say , to affirm the king has no more right to the crown of england than i have , ( which is the opinion of the jesuits , of his majesty , if once excommunicated by the pope ) is detestable treason : and two men at some distance , not well hearing or remembring , or maliciously designing against his life , should swear — that he said , the king had no more right to the crown than he had : now that the man did utter these very words is true , but if you ask the evidence the rest of the colloquium , they shall tell you there was much more discourse , but they cannot remember it ; what satisfaction is this to a jury ? or would it not be hard for a man to be put to hold up his hand at the bar under the frightful charge of treason in this case ? or if a minister in his sermon should recite that of the psalms , the fool hath said in his heart there is no god : jesuited evidence now may come and charge him with blasphemy , and swear that he said , there was no god : and ask them what expressions besides he used , may excuse themselves and say , 't is a great while agoe , we cannot remember a whole sermon , but this we all positively swear , he said there was no god. the inquiry of a grand jury should be suitable to their title , a grand inquiry ; else instead of serving their countrey , and presenting real crimes , they may oppress the innocent , as in the case of samuel wright and john good , at a sessions in the old baily , about december . good indicts wright for treasonable words , and swore the words positively ; but after a grand enquiry , the grand jury found that wright only spoke the words as of others , thus , they say so and so — and concluded with this — they are regnes for saying it ; and also good at last confessed that wright was his master , and corrected him for misdemeanours , and then to be reveng'd he comes and swears against him , which he confessed he was instigated to by one powel ; so the grand jury finding it to be but malice , return'd the bill ignoramus : whereas if they had not examin'd him strictly , they had never discover'd the intreigue , and the master had causelesly been brought to great charge , ignominy and hazard . the judicious dalton , p. says well , no less care or concern at all lies on the grand jury , than does on the petty jury : people may tell you , that you ought to find a bill upon any probable evidence , for 't is but matter of course , a ceremony , a business of form , only an accusation , the party is to come before another jury , and there may make his defence : but if this were all , to what purpose have we grand juries at all ? why are the wisest , best men in a county ( for such they are or should be ) troubled ? why are they so strictly sworn ? do not flatter your selves , you of the grand jury are as much upon your oaths as the petty jury , and the life of the man against whom the bill is brought , is in your hands : the lord cook . iustit . . plainly calls the grand jury-men all wilfully forsworn and perjured , if they wrongfully find an indictment ; and if in such a case the other jury thro ignorance , &c. should find the person guilty too , you are guilty of his blood as well as they : but suppose he get off there , do you think it nothing to accuse a man upon your oaths , of horrid crimes , your very doing of which puts him , thô never so innocent , to disgrace , trouble , damage , danger of life , and makes him liable to outlawry , imprisonment , and every thing but death it self , and that too for ought you know may wrongfully be occasion'd by it , your rash verdict gaining credit , and giving authority to another jury to find him guilty : for if the petty jury find a man guilty never so unjustly , the law suffers no attaint or other punishment to lie against them , for this very reason , because another jury , viz. the grand inquest as well as they , have found him guilty . if a grand jary find a bill wrongfully against a person , and it prove never so much to his damage , he has no remedy : for being upon their oaths , the law will not suppose any malice . one of the grand jury cannot afterwards be of the petty jury , and why ? because , says the law , he has once already found the party guilty , and if he should not again , he must perjure himself . from all which it appears , what a weigh and stress the law puts upon the verdict of a grand jury ; and 't is remarkable too , that the law directs them only to say , either , billa vera , it is true , or , ignoramus , we know not ; and never , that it is not true : which shews , that if they be doubtfull , or not fully satisfied , the indictment must be endorsed not billa vera , we know 't is true , but ignoramus , we doubt it , we do not know it , we are not certain it be true . if they find a bill where they ought not , they wound their own consciences , and do an irreparable damage to the party ; but where they do not find the bill , there is no harm done to any body , for another indictment may be brought when there is better evidence . sect . iv. that juries are judges of law in some respects as well as fact. amongst other devices to undermine the rights and power of juries , and render them insignificant , there has an opinion been advanced , that they are only judges of fact , and are not at all to consider the law ; so that if a person be indicted for a fact which really is no crime in it self by law , but is workt up by words of form , as treasonably , seditiously , &c. if the fact be but proved to be done , though the said wicked circumstances do not appear , they shall be supplied by the law , which you are not to take notice of , but find the bill , or bring in the person guilty , and leave the consideration of the case in law to the judges , whose business it is — thus some people argue , but this is an apparent trapp , at once to perjure ignorant juries , and render them so far from being of good use , as to be only tools of oppression , to ruine and murder their innocent neighbours with the greater formality : for though it be true , that matter of fact is the most common and proper object of a juries determination , and matter of law that of the judges , yet as law arises out of , and is complicated with fact , it cannot but fall under the juries consideration . littleton , sect. . teaches us , that the jury may at their election either take upon them the knowledge of the law , and determine both the fact and law themselves , or else find the matter specially , and leave it to the judges : 't is by applying matter of fact and law together , and from their due consideration of , and right judgment upon both , that a jury brings forth their verdict . do we not see in most general issues , as upon not guilty pleaded in trespass , breach of the peace , or felony , though it be matter in law , whether the party be a trespasser , a breaker of the peace , or a felon , yet the jury do not find the fact of the case by it self , leaving the law to the court , but find the party guilty or not guilty generally ; so that though they answer not to the question singly , what is law , yet they determine the law in all matters where issue is joined . is it not every dayes practice , when persons are indicted for murther , the jury does not only find them guilty or not guilty , but many times upon hearing and weighing of circumstances , brings them in either guilty of the murder , or else only of man-slaughter , per misadventure , or se defendendo , as they see cause ? besides , as juries have ever been vested with such power by law , so to exclude them from , or disseize of the same , were utterly to defeat the end of their institution . for then if a person should be indicted for doing any common innocent act , if it be but cloathed and disguised in the indictment with the name of treason , or some other high crime , and proved by witnesses to have been done by him , the jury though satisfied in conscience , that the fact is not any such offence as 't is called , yet because ( according to this fond opinion ) they have no power to judge of law , and the fact charged is fully proved , they should at this rate be bound to find him guilty : and being so found , the judge may pronounce sentence against him , for he finds him a convicted traitor , &c. by his peers : and so juries should be made meer properties to do the drudgery and bear the blame of unreasonable prosecutions . but all this is absur'd , and abhorr'd by the wisdom , justice and mercy of our laws . in every indictment , information , &c. there are certain words of course , called matter of form , as maliciously , seditiously , with such and such an intention , &c. and these sometimes are raised by a just and reasonable implication in law , and sometimes are thrust in meerly to raise a pretence or colour of crime where there is really none . so that every jury-man ought well to understand this distinction , where the act or naked matter of fact charged , is in it self a crime or offence against law ; as killing of a man , levying of war against the king , &c. there the law does in pleadings require , and will supply those words ; and if the jury do find , and are satisfied , that the substance of the charge is such a crime , and the person guilty thereof , they are bound to find it , though no direct proof be made of those circumstantials . but where the act or matter of fact is in it self innocent or indifferent , there the purport of these words ( as that it was done maliciously , or with such or such a design ) is necessary to be proved : for else there is no crime , and consequently no fit matter to be put to trial. in which case , the grand jury is bound in conscience and law to return an ignoramus , and a petty jury not guilty . sect . v. that juries are not finable , or any way to be punisht under pretence of going contrary to evidence , or against the judges directions . much of what we have said of grand juries , is also applicable to petty juries , so that we need not repeat it , only must answer one objection . some jury-men may be apt to say , — if we do not find according to evidence , though we have reason to suspect the truth of what they swear , or if we do not find as the judge directs , we may come into trouble , the judge may fine us , &c. — i answer , this is a vain fear : no judge dare offer any such thing : you are the proper judges of the matters before you , and your souls are at stake , you ought to act freely , and are not bound , though the court demand it , to give the reasons why you bring it in thus , or thus ; for you of the grand-jury are sworn to the contrary , viz. to keep secret your fellows counsel and your own ; and you of the petty jury are no way obliged to declare your motives , it may not be convenient . t is a notable case before the chief justice anderson in q. eliz. daves . a man was arraigned for murder , the evidence was so strong that . of the jury were presently for finding him guilty , the th man refused , and kept them so long that they were ready to starve , and at last made them comply with him , and bring in the prisoner not guilty : the judge , who had several times admonisht this jury-man to join with his fellows , being surprized , sent for him , discoursed him privately ; to whom upon promise of indempnity , he at last own'd that he himself was the man that did the murder , and the prisoner was innocent , and that he was resolv'd not to adde perjury and a second murder to the first . — but to satisfie you that a jury is no way punishable for going according to their conscience , though against seeming evidence , and the reasons why they are and ought not to be question'd for the same , i shall here recite an adjudged case , that of bushel , in the two and twentieth year of his majesty , reported by the learned sir john vaughan , whose book is licensed by the present lord chancellor , the lord chief justice north , and all the judges then in england : the said case begins fol. . and continues . the whole well worth reading : but i shall only select certain passages . — the case was this : bushel and others of a jury having at a sessions not found pen and mead ( two quakers ) guilty of a trespass , contempt , vnlawful assembly and tumult , whereof they had been indicted , were fined forty pound a man , and committed till they should pay it . bushel brings his habeas corpus , and upon the return it appeared he was committed , — for that contrary to law , and against full and clear evidence openly given in court , and against the directions of the court in matter of law , they had acquitted the said w. p. and w. m. to the great obstruction of justice , &c. which upon solemn argument was by the judges resolved , to be an insufficient cause of fining and committing them , and they were discharged , and afterwards brought actions for their dammage . the reasons of which judgment are reported by judge vaughan , and amongst them he useth these that follow , which i shall give you in his own words . fol. . one fault in the return is , that the jurors are not said to have acquitted the persons indicted , against full and manifest evidence , corruptly , and knowing the said evidence to be full and manifest against the persons indicted ; for how manifest soever the evidence was , if it were not manifest to them , and that they believed it such , it was not a finable fault , nor deserving imprisonment ; vpon which difference the law of punishing jurors for false verdicts , principally depends , and fol. . i would know , whether any thing be more common , than for two men , students , barristers , or judges , to deduce contrary and opposite conclusions out of the same case in law ? and is there any difference that two men should infer distinct conclusions from the same testimony ? is any thing more known , than that the same author and place in that author , is forceably urg'd to maintain contrary conclusions , and the decision hard which is in the right ? is any thing more frequent in the controversies of religion , than to press the same texts for opposite tenets ? how then comes it to pass , that two persons may not apprehend with reason and honesty , what a witness , or many say , to prove in the vnderstanding of one plainly one thing , but in the apprehension of the other clearly the contrary thing ? must therefore one of these merit fine and imprisonment , because he doth that which he cannot otherwise do , preserving his oath and integrity ? and this is often the case of the judge and the jury . and fol. . i conclude therefore , that this return , charging the prisoners to have acquitted p. and m. against full and manifest evidence first , and next without saying that they did know and believe that evidence to be full and manifest against the indicted persons , is no cause of fine and imprisonment . in the margent of that fol. . it is thus noted : of this mind were ten judges of eleven ; the chief baron turner gave no opinion , because not at the argument . and in the same fol. . he saith , the verdict of a jury , and evidence of a witness , are very different things , in the truth and falshood of them : a witness swears but to what he hath heard or seen generally , or more largely , to what hath fallen under his senses : but a jury-man swears to what he can inferr and conclude from the testimony of such witnesses , by the act and force of his understanding , to be the fact inquired after ; which differs nothing in reason , though much in the punishment , from what a judge , out of various cases consider'd by him , infers to be the law in the question before him . if the meaning of these words , finding against the direction of the court , in matter of law , be , that if the judge having heard the evidence given in court ( for he knows no other ) shall tell the jury upon this evidence , the law is for the plaintiff , or for the defendant , and you are under the pain of fine and imprisonment to find accordingly ; and the jury ought of duty so to do ; then every man sees , that the jury is but a troublesome delay , great charge , and no use in determining right and wrong ; and therefore the tryals by them may be better abolished than continued : which were a strange new found conclusion , after a tryal so celebrated for many hundred years . it is true , if the jury were to have no other evidence for the fact , but what is deposed in court , the judge might know their evidence , and the fact from it , equally as they , and so direct what the law were in the case ; though even then the judge and jury might honestly differ in the result from the evidence , as well as two judges may , which often happens ; but the evidence which the jury have of the fact , is much otherwise than that . for , . being returned of the vicinage where the cause of action ariseth , the law supposeth them thence to have sufficient knowledge to try the matter in issue ( and so they must ) though no evidence were given on either side in court ; but to this evidence the judge is a stranger . . they may have evidence from their own personal knowledge , by which they may be assured , and sometimes are , that what is deposed in court is absolutely false : but to this the judge is a stranger , and he knows no more of the fact than he hath learned in court , and perhaps by false depositions , and consequently knows nothing . . the jury may know the witnesses to be stigmatized , and infamous , which may be unknown to the parties , and consequently to the court. fol. . to what end is the jury to be returned out of the vicinage , where the cause of action ariseth ? to what end must hundredors be of the jury , whom the law supposeth to have nearer knowledge of the fact , than those of the vicinage in general ? to what end are they challenged so scrupulously to the array and poll ? to what end must they have such a certain free-hold , and be probi & legales homines , and not of affinity with the party concern'd ? to what end must they have in many cases the view for exacter information chiefly ? to what end must they undergo the punishment of the villanous judgment , if after all this they implicitly must give a verdict by the dictates and authority of another man , under pains of fines and imprisonment , when sworn to do it according to the best of their own knowledge ? a man cannot see by anothers eye , nor hear by anothers ear ; no more can a man conclude or infer the thing to be resolved by anothers vnderstanding or reasoning ; and though the verdict be right the jury give , yet they being not assured that it is so from their own vnderstanding , are forsworn , at least in foro conscientiae . fol. . and it is absurd to fine a jury for finding against their evidence , when the judge knows but part of it ; for the better and greater part of the evidence may be wholly unknown to him , and this may happen in most cases , and often doth . thus far judge vaughan , whose words i have faithfully recited , and with it shall conclude this subject ; recommending those that would be further satisfied in the law touching the power and duty of juries , to those two excellent , learned treatises lately published , the one intituled , a guide to english juries , &c. to be sold by mr. cockeril at the three legs over against the stocks-market ; the other , the security of english-mens lives , or the trust , power and duty of the grand juries of england , printed for benj. alsop in the poultrey ; both which are extreamly well worthy of every english mans perusal , that is liable to be call'd to that office. and now i shall take leave of the reader , who i hope will join with me and all english protestants in this prayer : that almighty god would preserve our religion , put a stop to the growth of popery , confound all their plots , protect our present gracious king , defend us both from a forreign yoak and domestick slavery , but continue to us the enjoyment of our good old laws , liberties and priviledges , and bring all those to exemplary justice that have or shall dare attempt to subvert , diminish or vndermine them . amen . finis . notes, typically marginal, from the original text notes for div a -e see book of oaths , p. . & . bakers cron. sol . . book of oaths p. . notes for div a -e ☞ eikōn basilikē, the pourtraicture of his sacred majestie in his solitudes and sufferings eikon basilike. approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing e estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) eikōn basilikē, the pourtraicture of his sacred majestie in his solitudes and sufferings eikon basilike. charles i, king of england, - . gauden, john, - . [ ], p., folded leaf of plates : ill. s.n.], [london : . title transliterated from greek. variously attributed to charles i and john gauden. cf. bm. first edition, second issue. printed by john grismond for richard royston. "this issue appeared within a few days of the death the king, probably about february." cf. madan, f.f. new bibl. of the eikon basilike. place of publication from wing. errata: p. [ ]. reproduction of original in huntington library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng great britain -- history -- civil war, - . great britain -- politics and government -- - . - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - tcp staff (michigan) sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion immota triumphans clarior é tenebris crescit sub pondere virtus coe●i ●●pecto asperam at levem . gratia christi tracto in verbo tuo spes mea . beatam et eternam gloria splendidam at gravem vanitas mundi 〈◊〉 guil●● marshall sculpsit Εικων Βασιλικη . the povrtraictvre of his sacred maiestie in his solitvdes and svfferings . rom . . more then conquerour , &c. bona agere , & mala pati , regium est . m. dc . xlviii . the contents . . upon his majesties calling this last parliament . p. . . vpon the earle of strafford's death . . . vpon his majesties going to the house of commons . . . vpon the insolency of the tumults . . . vpon his majesties passing the bill for the trienniall parliaments : and after setling this , during the pleasure of the two houses . . . vpon his majesties retirement from vvestminster . . . vpon the queens departure , and absence out of england . . . vpon his majesties repulse at hull , and the fates of the hothams . . . vpon the listing , and raising armies against the king. . . vpon their seizing the kings magazines , forts , navy , and militia . . . vpon the . propositions first sent to the king ; and more afterwards . . . vpon the rebellion , and troubles in ireland . . . vpon the calling in of the scots , and their comming . . . vpon the covenant . . . vpon the many iealousies raised , and scandals cast upon the king , to stirre up the people against him. . . vpon the ordinance against the common-prayer-booke . . . of the differences between the king , and the houses , in point of church-government . . . vpon vxbridge-treaty , and other offers made by the king. p. . . vpon the various events of the war ; victories , and defeats . . . vpon the reformations of the times . . . vpon his majesties letters , taken , and divulged . . . vpon his majesties leaving oxford , and going to the scots . . . vpon the scots delivering the king to the english ; and his captivity at holmeby . . . vpon their denying his majesty the attendance of his chaplaines . . . penitentiall meditations and vowes in the king's solitude at holmeby . . . vpon the armies surprisall of the king at holmeby , and the ensuing distractions in the two houses , the army , and the city . . . to the prince of vvales . . meditations upon death , aft●r the votes of non-addresses , and his majesties closer imprisonment in carisbrooke-castle . p. . errata . pag. . l. . r. o make me . l. . r. of joy . p. . l. . r. attended me . p. . l. . r. in any man. p. . l. . r. honour . p. . l. . r. for my sins . p. . l. . r. to sea by a storme . p. . l. . r. obtrusions p. . l. . r. perpetrations . p. . l. . r. for as his death . p. . l. . r. was the bill . p. . l. . r. knew . p. . l. . r. power , so . p. . l. . for thy r. the. p. . l. . r. populacy . p. . l. . r. crosse not their . p. . l. . r. no me● . p. . l. ● . r. b● expected . p. . l. . r. ever will. p. . l. . r. saviours . p. . l. . r. le bon. ΕΙΚΩΝ ΒΑΣΙΛΙΚΗ . . vpon his majesties calling this last parliament . this last parliament i called , not more by others advise , and necessity of my affaires , then by my owne choice and inclination ; who have alwaies thought the right way of parliaments most safe for my crowne , and best pleasing to my people : and although i was not forgetfull of those sparks , which some mens distempers formerly studied to kindle in parliaments , ( which by forbearing to convene for some yeares , i hoped to have extinguished ) yet resolving with my self to give all just satisfaction to modest and sober desires , and to redresse all publique grievances in church & state ; i hoped by my ( freedome and their moderation ) to prevent all misunderstandings , and miscarriages in this : in which as i feared affaires would meet with some passion and prejudice in other men , so i resolved they should find least of them in my selfe ; not doubting , but by the weight of reason i should counterpoize the over-ballancings of any factions . i was , indeed , sorry to heare , with what partiality and popular heat elections were carried in many places ; yet hoping that the gravity and discretion of other gentlemen would allay and fix the commons to a due temperament , ( guiding some mens wel-meaning zeale by such rules of moderation as are best both to preserve and restore the health of all states and kingdomes : ) no man was better pleased with the convening of this parliament , then my self ; who knowing best the largenesse of my owne heart toward my peoples good and just contentment , pleased my self most in that good and firme understanding , which would hence grow between me and my people . all jealousies being laid aside , my owne and my childrens interests gave me many obligations to seek and preserve the love and welfare of my subjects . the onely temporall blessing that is left to the ambition of just monarchs , as their greatest honour and safety , next gods protection ; i cared not to lessen my selfe in some things of my wonted prerogative ; since i knew i could be no loser , if i might gaine but a recompence in my subjects affections . i intended not onely to oblige my friends , but mine enemies also : exceeding even the desires of those , that were factiously discontented , if they did but pretend to any modest and sober sense . the odium and offences which some mens rigour or remissnesse in church , and state , had contracted upon my government , i resolved to have expiated by such lawes , and regulations for the future , as might not onely rectif●e what was amisse in practise , but supply what was defective in the constitution : no man having a greater zeale to see religion setled , and preserved in truth , unity , and order , then my selfe ; whom it most concernes both in piety , and policy ; as knowing , that , no flames of civil dissentions are more dangerous then those which make religious pretensions the grounds of factions . i resolved to reforme , what i should by free and full advice in parliament be convinced to be amisse ; and to grant whatever my reason & conscience told me , was fit to be desired ; i wish i had kept my self within those bounds , and not suffered my owne judgment to have been over-borne in some things , more by others importunities , than their arguments ; my confidence had lesse betrayed my selfe , and my kingdomes , to those advantages , which some men sought for , who wanted nothing but power , and occasion to do mischief . but our sinnes being ripe , there was no preventing of gods justice , from reaping that glory in our calamities , which we robb'd him of in our prosperity . for thou ( ô lord ) hast made us see , that resolutions of future reforming doe not alwaies satisfie thy iustice , nor prevent thy vengeance for former miscarriages . our sinnes have overlaid our hopes ; thou hast taught us to depend on thy mercies to forgive , not on our purpose to amend . when thou hast vindicated thy glory by thy iudgments , and hast shewed us , how unsafe it is to offend thee , upon presumptions afterwards to please thee ; then i trust thy mercies will restore those blessings to us , which we have so much abused , as to force thee to deprive us of them . for want of timely repentance of our sinnes , thou givest us cause to repent of those remedies we too late apply . yet i doe not repent of my calling this last parliament ; because , ô lord , i did it with an upright intention , to thy glory , and my peoples good . the miseries which have ensued upon me and my kingdomes , are the iust effects of thy displeasure upon us ; and may be yet ( through thy mercy ) preparatives of us to future blessings , and better hearts to enjoy them . o lord , though thou hast deprived us of many former comforts ; yet grant me and my people the benefit of our afflictions , and thy chastisements ; that thy rod as well as thy staffe may comfort us : then shall we dare to account them the strokes not of an enemy , but a father : when thou givest us those humble affections , that measure of patience in repentance , which becomes thy children ; i shall have no cause to repent the miseries this parliament hath occasioned , when by them thou hast brought me and my people , unfeignedly to repent of the sinnes we have committed . thy grace is infinitely better with our sufferings , then our peace could be with our sinnes . o thou soveraigne goodnesse and wisdome , who over-rulest all our counsels ; over-rule also all our hearts ; that the worse things we suffer by thy iustice , the better we may be by thy mercy . as our sinnes have turned our antidotes into poyson , so let thy grace turne our poysons into antidotes . as the sins of our peace disposed us to this unhappy warre , so let this warre prepare us for thy blessed peace . that although i have but troublesome kingdoms here , yet i may attaine to that kingdome of peace in my heart , and in thy heaven , which christ hath purchased , and thou wilt give to thy servant ( though a sinner ) for my saviours sake , amen . . vpon the earle of straffords death . i looked upon my lord of strafford , as a gentleman , whose great abilities might make a prince rather afraid , then ashamed to employ him , in the greatest affaires of state. for those were prone to create in him great confidence of undertakings , and this was like enough to betray him to great errours , and many enemies : whereof he could not but contract good store , while moving in so high a spheare , and with so vigorous a lustre , he must needs ( as the sun ) raise many envious exhalations , which condensed by a popular odium , were capable to cast a cloud upon the brightest merit , and integrity . though i cannot in my judgment approve all he did , driven ( it may be ) by the necessities of times , and the temper of that people , more then led by his owne disposition to any height and rigour of actions : yet i could never be convinced of any such criminousnesse in him , as willingly to expose his life to the stroke of justice , and malice of his enemies . i never met with a more unhappy conjuncture of affaires , then in the businesse of that unfortunate earle : when between my owne unsatisfiednesse in conscience , and a necessity ( as some told me ) of satisfying the importunities of some people ; i was perswaded by those , that i think wished me well , to chuse rather what was safe , then what seemed just ; preferring the outward peace of my kingdoms with men , before that inward exactnesse of conscience before god. and indeed i am so farre from excusing or denying that complyance on my part ( for plenary consent it was not ) to his destruction , whom in my judgment i thought not , by any cleare law , guilty of death : that i never bare any touch of conscience with greater regret : which , as a signe of my repentance , i have often with sorrow confessed both to god and men , as an act of so sinfull frailty , that it discovered more a feare of man , than of god , whose name and place on earth no man is worthy to beare , who will avoid inconveniences of state , by acts of so high injustice , as no publique convenience can expiate or compensate . i see it a bad exchange to wound a mans owne conscience , thereby to salve state sores ; to calme the stormes of popular discontents , by stirring up a tempest in a mans owne bosome . nor hath gods justice failed in the event and sad consequences , to shew the world the fallacy of that maxime , better one man perish ( though unjustly ) then the people be displeased , or destroyed . for , in all likelyhood , i could never have suffred , with my people , greater calamities , ( yet with greater comfort ) had i vindicated strafford's innocency , at least by denying to signe that destructive bill , according to that justice , which my conscience suggested to me , then i have done since i gratified some mens unthankfull importunities with so cruell a favour . and i have observed , that those , who counselled me to signe that bill , have been so farre from receiving the rewards of such ingratiatings with the people , that no men have been harassed and crushed more than they : he onely hath been least vexed by them , who counselled me , not to consent against the vote of my owne conscience ; i hope god hath forgiven me and them , the sinfull rashnesse of that businesse . to which being in my soule so fully conscious , those judgements god hath pleased to send upon me , are so much the more welcome , as a meanes ( i hope ) which his mercy hath sanctified so to me , as to make me repent of that unju●t act , ( for so it was to me ) and for the future to teach me , that the best rule of policy is to preferre the doing of justice , before all enjoyments , and the peace of my conscience before the preservation of my kingdomes . nor hath any thing more fortified my resolutions against all those violent importunities , which since have sought to gaine alike consent from me , to acts , wherein my conscience is unsatisfied , then the sharp touches i have had for what passed me , in my lord of strafford's businesse . not that i resolved to have employed him in my affaires , against the advise of my parliament , but i would not have had any hand in his death , of whose guiltlesnesse i was better assured , then any man living could be . nor were the crimes objected against him so cleare , as after a long and faire hearing to give convincing satisfaction to the major part of both houses ; especially that of the lords , of whom scarce a third part were present , when the bill passed that house : and for the house of commons , many gentlemen , disposed enough to diminish my lord of straffords greatnesse and power , yet unsatisfied of his guilt in law , durst not condemne him to die : who for their integrity in their votes , were by posting their names , exposed to the popular calumny , hatred , and fury ; which grew then so exorbitant in their clamours for iustice , ( that is , to have both my selfe and the two houses vote , and doe as they would have us ) that many ( 't is thought ) were rather terrified to concurre with the condemning party , then satisfied that of right they ought so to doe . and that after act vacating the authority of the precedent , for future imitation , sufficiently tells the world , that some remorse touched even his most implacable enemies , as knowing he had very hard measure , and such as they would be very loath should be repeated to themselves . this tendernesse and regret i find in my soul , for having had any hand ( and that very unwillingly god knowes ) in shedding one mans bloud unjustly , ( though under the colour and formalities of justice , and pretences of avoyding publick mischeifes ) which may ( i hope ) be some evidence before god and man , to all posterity , that i am far from bearing justly the vast load & guilt of all that bloud which hath been shed in this unhappy warre ; which some men will needs charge on me , to ease their own soules , who am , and ever shall be , more afraid to take away any mans life unjustly , then to lose my owne . but thou , o god of infinite mercies , forgive me that act of sinfull compliance , which hath greater aggravations upon me then any man. since i had not the least temptation of envy , or malice against him , and by my place should , at least so farre , have been a preserver of him , as to have denied my consent to his destruction . o lord , i acknowledge my transgression , and my sin is ever before me . deliver me from bloud guiltinesse o god , thou god of my salvation , and my tongue shall sing of thy righteousnesse . against thee have i sinned , and done this evill in thy sight , for thou sawest the contradiction between my heart and my hand . yet cast me not away from thy presence , purge me with the blood of my redeemer , and i shall be clean ; wash me with that pretious effusion , and i shall be writer then snow . teach me to learn righteousnesse by thy iudgments , and to see my frailty in thy iustice : while i was perswaded by shedding one mans bloud to prevent after-troubles , thou hast for that , among other sinnes , brought upon me , and upon my kingdomes , great , long , and heavy troubles . make me to prefer iustice , which is thy will , before all contrary clamours , which are but the discoveries of mans injurious will. it is too much that they have once overcome me , to please them by displeasing thee : o never suffer me for any reason of state , to goe against my reason of conscience , which is highly to sinne against thee , the god of reason , and iudge of our consciences . what ever , o lord , thou seest fit to deprive me of , yet restore unto me the joy of thy salvation , and ever uphold me with thy free spirit ; which subjects my will to none , but thy light of reason , iustice , and religion , which shines in my soul , for thou desirest truth in the inward parts , and integrity in the outward expressions . lord hear the voice of thy sons , and my saviours bloud , which speaks better things ; of make me , and my people , to hear the voyce and ioy and gladnesse , that the bones which thou hast broken , may rejoyce in thy salvation . . vpon his majesties going to the house of commons . my going to the house of commons to demand justice upon the members , was an act , which my enemies loaded with all the obloquies and exasperations they could . it filled indifferent men with great jealousies and feares ; yea , and many of my friends resented it as a motion rising rather from passion then reason , and not guided with such discretion , as the touchinesse of those times re-required . but these men knew not the just motives , and pregnant grounds , with which i thought my self so furnished , that there needed nothing to such evidence , as i could have produced against those i charged , save only a free and legall triall , which was all i desired . nor had i any temptation of displeasure , or revenge against those mens persons , further then i had discovered those ( as i thought ) unlawfull correspondencies they had used , and engagements they had made , to embroyle my kingdomes : of all which i missed but little to have produced writings under some mens own hands , who were the chief contrivers of the following innovations . providence would not have it so , yet i wanted not such probabilities as were sufficient to raise jealousies in any kings heart , who is not wholly stupid and neglective of the publick peace , which to preserve by calling in question half a dozen men , in a fair and legall way ( which god knowes was all my design ) could have amounted to no worse effect , had it succeeded , then either to do me , and my kingdom right , in case they had been found guilty ; or else to have cleared their innocency , and removed my suspicions ; which , as they were not raised out of any malice , so neither were they in reason to be smothered . what flames of discontent this sparke ( though i ●ought by all speedy and possible means to quench it ) soone kindled , all the world is witnesse : the aspersion which some men cast upon that action , as if i had designed by force to assault the house of commons , and invade their priviledge , is so false , that as god best knowes , i had no such intent ; so none that attended could justly gather from any thing i then said , or did , the least intimaon of any such thoughts . that i went attended with some gentlemen , as it was no unwonted thing for the majesty and safety of a king so to be attended , especially in discontented times ; so were my followers at that time short of my ordinary guard , and no way proportionable to hazard a tumultuary conflict . nor were they more scared at my comming , then i was un-assured of not having some affronts cast upon me , if i had none with me to preserve a reverence to me ; for many people had ( at that time ) learned to think those hard thoughts , which they have since aboundantly vented against me , both by words and deeds . the summe of that businesse was this . those men , and their adherents were then looked upon by the affrighted vulgar , as greater protectors of their lawes and liberties , then my self , and so worthier of their protection . i leave them to god , and their own consciences , who , if guilty of evill machinations ; no present impunity , or popular vindications of them will be subterfuge sufficient to rescue them from those exact tribunalls . to which , in the obstructions of justice among men , we must religiously appeal , as being an argument to us christians of that after un-avoidable judgement , which shall rejudge , what among men is but corruptly decided , or not at all . i endeavoured to have prevented , if god had seen fit , those future commotions , which i fore-saw , would in all likelyhood follow some mens activity ( if not restrained ) and so now hath done to the undoing of many thousands ; the more is the pitty . but to over-awe the freedome of the houses , or to weaken their just authority by any violent impressions upon them , was not at all my designe : i thought i had so much justice and reason on my side , as should not have needed so rough assistance ; and i was resolved rather to bear the repulse with patience , then to use such hazardous extremities . but thou , o lord , art my witnesse in heaven , and in my heart : if i have purposed any violence or oppression against the innocent : or if there were any such wickednesse in my thoughts . then let the enemy persecute my soule , and tread my life to the ground , and lay mine honour in the dust . thou that seest not as man seeth , but lookest beyond all popular appearances , searching the heart , and trying the reines , and bringing to light the hidden things of darknesse , shew thy selfe . let not my afflictions be esteemed ( as with wise and godly men they cannot be ) any argument of my sin , in that matter : more then their impunity among good men is any sure token of their innocency . but forgive them wherein they have done amisse , though they are not punished for it in this world . save thy servant from the privy conspiracies , and open violence of bloody and unreasonable men , according to the uprightnesse of my heart , and the innocency of my hands in this matter . plead my cause , and maintain my right , o thou that sittest in the throne , judging rightly , that thy servant may ever rejoyce in thy salvation . . vpon the insolency of the tumults . i never thought any thing ( except our sins ) more ominously presaging all these mischeifes , which have followed , then those tumults in london and westminster , soone after the convening of this parliament ; which were not like a storm at sea , ( which yet wants not its terror ) but like an earth-quake , shaking the very foundations of all ; then which nothing in the world hath more of horrour . as it is one of the most convincing arguments that there is a god , while his power ●ets bounds to the raging of the sea : so t is no lesse , that he restraines the madnesse of the people . nor doth any thing portend more gods displeasure against a nation , then when he suffers the confluence and clamours of the vulgar , to passe all boundaries of lawes , and reverence to authority . which those tumults did to so high degrees of insolence , that they spared not to invade the honour and freedome of the two houses , menacing , reproaching , shaking , yea , & assaulting some members of both houses , as they fancyed , or disliked them : nor did they forbear most rude and unseemly deportments both in contemptuous words and actions , to my selfe and my court. nor was this a short fit or two of shaking , as an ague , but a quotidian feaver , alwaies encreasing to higher inflammations , impatient of any mitigation , restraint , or remission . first , they must be a guard against those feares , which some men scared themselves and others withall ; when indeed nothing was more to be feared and lesse to be used by wise men , then those tumultuary confluxes of meane and rude people , who are taught first to petition , then to protect , then to dictate , at last to command and overawe the parliament . all obstructions in parliament ( that is , all freedome of differing in votes , and debating matters with reason and candour ) must be taken away with these tumults : by these must the houses be purged , and all rotten members ( as they pleased to count them ) cast out : by these the obstinacy of men resolved to discharge their consciences must be subdued , by these all factious , seditious , and schismaticall proposalls against government ecclesiasticall or civil , must be backed and abetted , till they prevailed . generally , who ever had most mind to bring forth confusion and ruine upon church and state , used the midwifery of those tumults : whose riot and impatience was such , that they would not stay the ripening and season of counsels , or fair production of acts , in the order , gravity , and deliberatenesse befitting a parliament ; but ripped up with barbarous cruelty , and forcibly cut out abortive votes , such as their inviters and incouragers most fancyed . yea , so enormous and detestable were their outrages , that no sober man could be without an infinite shame and sorrow to see them so tolerated , and connived at by some , countenanced , incouraged , and applauded by others . what good man had not rather want any thing he most desired , for the publique good , then obtaine it by such unlawfull and irreligious meanes ? but mens passions and gods directions seldome agree ; violent designes and motions must have sutable engines , such as too much attend their owne ends , seldome confine themselves to gods meanes . force must crowd in what reason will not lead . who were the chief demagogues and patrones of tumults , to send for them , to flatter and embolden them , to direct and tune their clamorous importunities , some men yet living are too conscious to pretend ignorance : god in his due time will let these see , that those were no fit meanes to be used for attaining his ends . but , as it is no strange thing for the sea to rage , when strong winds blow upon it ; so neither for multitudes to become insolent , when they have men of some reputation for parts and piety to set them on . that which made their rudenesse most formidable , was , that many complaints being made , and messages sent by my selfe and some of both houses ; yet no order for redresse could be obtained with any vigour and efficacy , proportionable to the malignity of that now far-spread disease , and predominant mischiefe . such was some mens stupidity , that they feared no inconvenience ; others petulancy , that they joyed to see their betters shamefully outraged , and abused , while they knew their only security consisted in vulgar flattery : so insensible were they of mine , or the two houses common safety and honours . nor could ever any order be obtained , impartially to examine , censure , and punish the knowne boutefeus , and impudent incendiaries , who boasted of the influence they had , and used to convoke those tumults as their advantages served . yea , some ( who should have been wiser states-men ) owned them as friends , commending their courage , zeale , & industry ; which to sober men could seem no better then that of the devil , who goes about seeking whom he may deceive , and devoure . i confesse , when i found such a deafnesse , that no declaration from the bishops , who were first fouly insolenced and assaulted ; nor yet from other lords and gentlemen of honour ; nor yet from my self could take place for the due repression of these tumul●s ; and securing not onely our freedome in parliament , but our very persons in the streets ; i thought my selfe not bound by my presence , to provoke them to higher boldnesse and contempts ; i hoped by my withdrawing to give time , both for the ebbing of their tumultuous fury , and others regaining some degrees of modesty and sober sense . some may interpret it as an effect of pusillanimity for any man for popular terrours to desert his publique station . but i think it a hardinesse , beyond true valour , for a wise man to set himself against the breaking in of a sea ; which to resist , at present , threatens imminent danger ; but to withdraw , gives it space to spend its fury , and gaines a fitter time to repaire the breach . certainly a gallant man had rather fight to great disadvantages for number and place in the field , in an orderly way , then skuffle with an und●sciplined rabble . some suspected and affirmed that i meditated a warre , ( when i went from whitehall onely to redeem my person , and conscience from violence ) god knowes i did not then think of a warre . nor will any prudent man conceive that i would by so many former , and some after acts , have so much weakned my selfe , if i had purposed to engage in a warre , which to decline by all meanes , i denyed my self in so many particulars : 't is evident i had then no army to flie unto , for protection , or vindication . who can blame me , or any other , for a withdrawing our selves from the daily baitings of the tumults , not knowing whether their fury and discontent might not flie so high , as to worry and teare those in pieces , whom as yet they but played with in their pawes ? god , who is my sole judge , is my witnesse in heaven , that i never had any thoughts of going from my house at whitehall , if i could have had but any reasonable faire quarter ; i was resolved to beare much , and did so , but i did not think my self bound to prostitute the majesty of my place and person , the safety of my wife and children , to those , who are prone to insult most , when they have objects and opportunity most capable of their rudenesse and petulancy . but this businesse of the tumults ( whereof some have given already an account to god , others yet living know themselves desperately guilty ) time and the guilt of many hath so ●mothered up , and buried , that i think it best to leave it , as it is ; onely i believe the just avenger of all disorders , will in time make those men , and that city , see their sinne in the glasse of their punishment . 't is more then an even-lay that they may one day see themselves punished by that way they offended . had this parliament , as it was in its first election and constitution , sate full and free , the members of both houses being left to their freedome of voting , as in all reason , honour , and religion , they should have been ; i doubt not but things would have been so carried , as would have given no lesse content to all good men , then they wished or expected . for , i was resolved to heare reason in all things , and to consent to it so farre as i could comprehend it : but as swine are to gardens and orderly plantations , so are tumults to parliaments , and plebeian concourses to publique councels , turning all into disorders and sordid confusions . i am prone sometimes to think , that had i called this parliament to any other place in england ( as i might opportunely enough have done ) the sad consequences in all likelyhood , with gods blessing , might have been prevented . a parliament would have been welcome in any place ; no place afforded such confluence of various and vitious humours , as that where it was unhappily convened . but we must leave all to god , who orders our disorders , and magnifies his wisdome most , when our follies and miseries are most discovered . but thou o lord art my refuge and defence , to thee i may safely flie , who rulest the raging of the sea , and the madnesse of the people . the flouds , o lord , the flouds are come in upon me , and are ready to overwhelme me . i looke upon my sinnes , and the sinnes of my people , ( which are the tumults of our soules against thee o lord ) as the just cause of these popular inundations which thou permittest to over-beare all the banks of loyalty , modesty , lawes , iustice , and religion . but thou that gatheredst the waters into one place , and madest the dry land to appeare , and after did'st asswage the floud which drowned the world , by the word of thy power ; rebuke those beasts of the people , and deliver me from the rudenesse and strivings of the multitude . restore , we beseech thee , unto us , the freedomes of our councels and parliaments , make us unpassionately to see the light of reason , and religion , and with all order , and gravity to follow it , as it becomes men and christians ; so shall we praise thy name , who art the god of order and co●nsell . what man cannot , or will not represse , thy omnipotent iustice can and will. o lord , give them that are yet living , a timely sense and sorrow for their great sinne , whom thou knowest guilty of raising or not suppressing those disorders : let shame here , and not suffering hereafter be their punishment . set bounds to our passions by reason , to our errours by truth , to our seditions by lawes duely executed , and to our schismes by charity , that we may be , as thy jerusalem , a city at unity in it selfe . this grant , o my god , in thy good time for iesus christs sake , amen . . vpon his majesties passing the bill for the trienniall parliaments : and after setling this , during the pleasure of the two houses . that the world might be fully confirmed in my purposes at first , to contribute , what in justice , reason , honour , and conscience , i could , to the happy successe of this parliament , ( which had in me no other designe but the generall good of my kingdomes ) i willingly passed the bill for trienniall parliaments : which , as gentle and seasonable physick , might ( if well applied ) prevent any distempers from getting any head or prevailing ; especially , if the remedy proved not a disease beyond all remedy . i conceived , this parliament would find worke with convenient recesses for the first three years ; but i did not imagine that some men would thereby have occasioned more worke then they found to doe , by undoing so much as they found well done to their hands . such is some mens activity that they wil needs make worke rather then want it ; and chuse to be doing amisse , rather then doe nothing . when that first act seemed too scanty to satisfie some mens feares , and compasse publique affaires ; i was perswaded to grant that bill of sitting during the pleasure of the houses , which amounted in some mens sense to as much as the perpetuating this parliament . by this act of highest confidence , i hoped for ever to shut out , and lock the dore upon all present jealousies , and future mistakes : i confesse i did not thereby intend to shut my self out of dores , as some men have now requited me . true , it was an act unparalell'd by any of my predecessours ; ●et cannot in reason admit of any worse interpretation then this , of an extreame confidence i had , that my subjects would not make ill use of an act , by which i declared so much to trust them , as to deny my self in so high a point of my prerogative . for good subjects will never think it just or fit that my condition should be worse by my bettering theirs : nor indeed would it have been so in the events , if some men had known as well with moderation to use , as with earnestnesse to desire advantages of doing good , or evill . a continuall parliament ( i thought ) would but keep the common-weale in tune , by preserving lawes in their due execution and vigour , wherein my interest lies more than any mans , since by those lawes , my rights as a king , would be preserved no lesse than my subjects ; which is all i desired . more than the law gives me i would not have , and lesse the meanest subject should not . some ( as i have heard ) gave it out , that i soon repented me of that setling act : and many would needs perswade me , i had cause so to doe ; but i could not easily nor suddenly suspect such ingratitude in men of honors . that the more i granted them , the lesse i should have , and enjoy with them . i still counted my self undiminished by my largest concessions , if by them i might gaine and confirm the love of my people . of which , i doe not yet dispaire , but that god will still blesse me with increase of it : when men shall have more leisure , and lesse prejudice ; that so with unpassionate representations they may reflect upon those , ( as i think ) not more princely then friendly contributions , which i granted towards the perpetuating of their happinesse , who are now onely miserable in this , that some mens ambition will not give them leave to enjoy what i intended for their good . nor doe i doubt , but that in gods due time , the loyal and cleared affections of my people will strive to returne such retributions of honour , and love to me , or my posterity , as may fully compensate both the acts of my confidence and my sufferings for them ; which ( god knowes ) have been neither few , nor small , nor short ; occasioned chiefly by a perswasion i had , that i could not grant too much , or distrust too little , to men , that being professedly my subjects , pretented singular piety , and religious strictnesse . the injury of all injuries is , that which some men will needs load me withall ; as if i were a wilfull and resolved occasioner of my owne and my subjects miseries ; while ( as they confidently , but ( god knows ) falsly divulge ) i repining at the establishment of this parliament , endeavoured by force and open hostility to undoe what by my royall assent i had done . sure it had argued a very short sight of things , and extreame fatuity of mind in me , so farre to bind my owne hands at their request , if i had shortly meant to have used a sword against them . god knows , though i had then a sense of injuries ; yet not such , as to think them worth vindicating by a war : i was not then compelled , as since , to injure my self by their not using favours , with the same candour wherewith they were confer●ed . the tumults indeed threatned to abuse all acts of grace , and turne them into wantonn●sse ; but i thought at length their owne feares , whose black arts first raised up those turbulent spirits would force them to conjure them downe againe . nor if i had justly resented any indignities put upon me , or others , was i then in any capacity to have taken just revenge in an hostile and warlike way upon those , whom i knew so well fortified in the love of the meaner sort of the people , that i could not have given my enemies greater , and more desired advantages against me , then by so unprincely inconstancy , to have assaulted them with armes , thereby to scatter them , whom but lately i had solemnly setled by an act of parliament . god knowes i longed for nothing more then that my self , and my subjects might quietly enjoy the fruits of my many condescendings . it had been a course full of sinne , as well as of hazard , and dishonour for me to goe about the cutting up of that by the sword , which i had so lately planted , so much ( as i thought ) to my subjects content , and mine own too , in all probability : if some men had not feared where no fear was , whose security consisted in scaring others . i thank god i know so well the sincerity and uprightnesse of my owne heart , in passing that great bill , which exceeded the very thoughts of former times ; that although i may seeme lesse a polititian to men , yet i need no secret distinctions or evasions before god. nor had i any reservations in my own soule , when i passed it ; nor repentings after , till i saw that my letting some men go up to the pinnacle of the temple , was a temptation to them to cast me down head-long . concluding , that without a miracle , monarchy it selfe , together with me , could not but be dashed in pieces , by such a precipitious fall as they intended . whom god in mercy forgive , and make them see at length , that as many kingdomes as the devill shewed our saviour , and the glory of them , ( if they could be at once enjoyed by them ) are not worth the gaining , by wayes of sinfull ingratitude and dishonour , which hazards a soule worth more worlds then this hath kingdomes . but god hath hitherto preserved me , and made me to see , that it is no strange thing for men , left to their owne passions , either to doe much evill themselves , or abuse the overmuch goodnesse of others , whereof an ungratefull surfet is the most desperate and incurable disease . i cannot say properly that i repent of that act , since i have no reflexions upon it as a sin of my will , though an error of too charitable a judgement : onely i am sorry other mens eyes should be evill , because mine were good . to thee ( o my god ) doe i still appeale , whose all-discerning iustice sees through all the disguises of mens pretensions , and deceitfull darknesses of their hearts . thou gavest me a heart to grant much to my subjects ; and now i need a heart fitted to suffer much from some of them . thy will be done , though never so much to the crossing of ours , even when we hope to doe what might be most conformable to thine and theirs too ; who pretended they aimed at nothing else . let thy grace teach me wisely to enjoy as well the frustratings , as the fulfillings of my best hopes , and most specious desires . i see while i thought to allay others feares , i have raised mine owne ; and by setling them , have unsetled my selfe . thus have they requited me evil for good , and hatred for my good will towards them . o lord be thou my pilot in this dark and dangerous storme , which neither admits my returne to the port whence i set out , nor my making any other , with that safety and honour which i designed . t is easie for thee to keep me safe in the love and confidence of my people ; nor is it hard for thee to preserve me amidst the unjust hatred and jealousies of too many , which thou hast suffered so far to prevaile upon me , as to be able to pervert and abuse my acts of greatest indulgence to them , and assurance of them . but no favo●rs from me can make others more guilty then my selfe may be , of misusing thos● many and great ones , which thou , o lord , hast conferred on me. i beseech thee give me and them such repentance , as thou wilt accept , and such grace as we may not abuse . make me so far happy as to make a right use of others abuses , and by their failings of me , to reflect , with a reforming displeasure , upon my offences against thee . so , although by my sins i am by other mens sins deprived of thy temporall blessings , yet i may be happy to enjoy the comfort of thy mercies , which often raise the greatest sufferers to be the most glorious saints . . vpon his majesties retirement from vvestminster . with what unwillingnesse i withdrew from westminster , let them judge , who , unprovided of tackling , and vi●tuall , are forced by sea to a storm ; yet better do so , then venture splitting or sinking on a lee shore . i stayed at whitehall , till i was driven away by shame more than feare ; to see the barbarous rudenesse of those tumults who resolved they would take the boldnesse to demand any thing , and not leave either my self , or the members of parliament the liberty of our reason , and conscience to deny them any thing . nor was this intolerable oppression my case alone , ( though chiefly mine ) for the lords and commons might be content to be over-voted by the major part of their houses , when they had used each their owne freedome . whose agreeing votes were not by any law or reason conclusive to my judgment ; nor can they include , or carry with them my consent , whom they represent not in any kind ; nor am i further bound to agree with the votes of both houses , then i see them agree with the will of god , with my just rights , as a king , and the generall good of my people . i see that as many men they are seldome of one mind ; and i may oft see , that the major part of them are not in the right . i had formerly declared to sober and moderate mindes , how de●irous i was to give all just content , when i agreed to so many bills , which had been enough to secure and satisfie all : if some mens hydropick in●atiablenesse had not learned to thirst the more by how much more they drank ; whom no fountain of royall bounty was able to overcome ; so resolved they seemed , either utterly to exhaust it , or barbarously to obs●ruct it . sure it ceases to be councell ; when not reason is used , as to men to perswade ; but force and terrour as to beasts , to drive and compell men to assent to what ever tumultuary patrones shall project . he deserves to be a slave without pitty , or redemption , that is content to have the rationall soveraignty of his soul , and liberty of his will , and words so captivated . nor do i think my kingdomes so considerable as to preserve them with the forfeiture of that freedome ; which cannot be denied me as a king● because it belongs to me as a man , and a christian ; owning the dictates of none , but god , to be above me , as obliging me to consent . better for me to die enjoying this empire of my soul , which subjects me only to god , so farre as by reason or religion he directs me , then live with the title of a king , if it should carry such a vassalage with it , as not to suffer me to use my reason and conscience , in which i declare as a king , to like or dislike . so farre am i from thinking the majesty of the crown of england to be bound by any coronation oath , in a blind and brutish formality , to consent to what ever its subjects in parliament shall require ; as some men will needs inferre ; while denying me any power of a negative voice as king , they are not ashamed to seek to deprive me of the liberty of using my reason with a good conscience , which themselves , and all the commons of england enjoy proportionable to their influence on the publick ; who would take it very ill to be urged , not to deny , whatever my self , as king , or the house of peeres with me should , not so much desire as enjoyn them to passe . i think my oath fully discharged in that point by my governing only by such lawes , as my people with the house of peeres have chosen , and my self have consented to . i shall never think my self conscientiously tied to goe as oft against my consci●nce , as i should consent to such new proposalls , which my reason , in justice , honour , and religion bids me deny . yet so tender i see some men are of their being subject to arbitrary government , ( that is , the law of anothers will , to which themselves give no consent ) that they care not with how much dishonour and absurdity they make their king the onely man , that must be subject to the will of others , without having power left him , to use his own reason , either in person , or by any representation . and if my dissentings at any time were ( as some have suspected , and uncharitably avowed out of error , opinion , activenesse , weaknesse , or wilfulnesse , and what they call obstinacy in me ( which not true judgement of things , but some vehement prejudice or passion hath fixed on my mind ; ) yet can no man think it other then the badge and method of slavery , by savage rudenesse , and importunate detrusions of violence , to have the mist of his errour and passion dispelled , which is a shadow of reason , and must serve those that are destitute of the substance . sure that man cannot be blameable to god or man , who seriously endeavours to see the best reason of things , and faithfully followes what he takes for reason : the uprightnesse of his intentions will excuse the possible failings of his understanding ; if a pilot at sea cannot see the pole-star , it can be no fault in him to steere his course by such stars as do best appear to him . it argues rather those men to be conscious of their defects of reason , and convincing arguments , who call in the assistance of meer force to carry on the weaknesse of their councells , and proposalls . i may , in the truth and uprightnesse of my heart , protest before god and men ; that i never wilfully opposed , or denied any thing , that was in a fair way , after full and free debates propounded to me , by the two houses , further then i thought in good reason i might , and was bound to do . nor did any thing ever please me more , then when my judgment so concurred with theirs , that i might with good conscience consent to them : yea , in many things where not absolute and morall necessity of reason , but temporary convenience on point of honour was to be considered . i chose rather to deny my self , then them ; as preferring that which they thought necessary for my peoples good , before what i saw but convenient for my self . for i can be content to recede much from my own interests , and personall rights , of which i conceive my self to be master ; but in what concernes truth , justice , the rights of the church , and my crown , together with the generall good of my kingdomes ; ( all which i am bound to preserve as much as morally lies in me ; ) here i am , and ever shall be fixt and resolute , nor shall any man gain my consent to that , wherein my heart gives my tongue or hand the lie ; nor will i be brought to affirme that to men , which in my conscience i denied before god. i will rather chuse to wear a crown of thornes with my saviour , then to exchange that of gold ( which is due to me ) for one of lead , whose embased flexiblenesse shall be forced to bend , and comply to the various , and oft contrary dictates of any factions ; when instead of reason , and publick concernments , they obtrude nothing but what makes for the interest of parties , and flowes from the partialities of private wills and passions . i know no resolutions more worthy a christian king , then to prefer his conscience before his kingdomes . o my god , preserve thy servant in this native , rationall and religious freedome ; for this i believe is thy will , that we should maintaine : who , though thou dost justly require us , to submit our understandings and wills to thine ; whose wisdom and goodnesse can neither erre , nor misguide us , and so farre to deny our carnall reason , in order to thy sacred mysteries , and commands , that we should believe and obey rather then dispute them ; yet dost thou expect from us , only such a reasonable service of thee , as not to doe any thing for thee , against our consciences ; and as to the desires of men , enjoynest us to try all things by the touch-stone of reason and lawes , which are the rules of civill iustice ; and to declare our consents to that only which our iudgements approve . thou knowest , ô lord , how unwilling i was to desert that place , in which thou hast set me , and whereto the affaires of my kingdoms at present did call me . my people can witnesse how far i have been content for their good , to deny my self , in what thou hast subjected to my disposall . o let not the unthankfull importunities , & tumultuary violence of some mens immoderate demands , ever betray me to that degenerous & unmanly slavery , which should make me strengthen them by my consent in those things which i think in my conscience to be against thy glory , the good of my subjects , and the discharge of my own duty to reason and iustice. make me willing to suffer the greatest indignities , and injuries they presse upon me , rather then commit the least sinne against my conscience . let the just liberties of my people be ( as well they may ) preserved in faire , and equall wayes● without the slavery of my soul. thou that hast invested me by thy favours , in the power of a christian king , suffer me not to subject my reason to other mens passions , and designes , which to me seeme unreasonable , unjust , and irreligious : so shall i serve thee in the truth and uprightnesse of my heart , though i cannot satisfie these men . though i be driven from among them , yet give me grace to walk alwayes uprightly before thee . lead me in the way of truth and iustice , for these , i know , will bring me at last to peace and happinesse with thee ; though for these i have much trouble among men . this i beg of thee for my saviours sake . . vpon the queenes departure , and absence out of england . although i have much cause to be troubled at my wifes departure from me , and out of my dominions ; yet not her absence , so much , as the scandall of that necessity , which drives her away , doth afflict me. that she should be compelled by my owne subjects , and those pretending to be protestants , to withdraw for her safety : this being the first example of any protestant subjects , that have taken up arms against their king , a protestant : for i look upon this now done in england , as another act of the same tragedie which was lately begun in scotland ; the brands of that fire being ill quenched , have kindled the like flames here . i fear such motions ( so little to the adorning of the protestant profession ) may occasion a farther alienation of mind , and divorce of affections in her , from that religion , which is the only thing wherein me differ . which yet god can , and i pray he would in time take away ; and not suffer these practises to be any obstruction to her judgement● since it is the motion of those men , ( for the most part ) who are yet to seek and settle their religion for doctrine , government , and good manners , and so not to be imputed to the true english protestants ; who continue firme to their former setled principles and lawes . i am sorry my relation to so deserving a lady , should be any occasion of her danger and affliction ; whose merits would have served her for a protection among the savage indians ; while their rudenesse and barbarity knowes not so perfectly to hate all vertues , as some mens subtilty doth ; among whom i yet thinke few are so malicious as to hate her for her selfe . the fault is , that she is my wife . all justice then as well as affection commands me , to study her security , who is only in danger for my sake ; i am content to be tossed , weather-beaten , and shipwrackt , so as she may be in safe harbour . this comfort i shall enjoy by her safety in the midst of my personall dangers , that i can perish but halfe , if she be preserved : in whose memory , and hopefull posterity , i may yet survive the malice of my enemies , although they should be satiated with my bloud . i must leave her , and them , to the love and loyalty of my good subjects ; and to his protection , who is able to punish the faults of princes , and no lesse severely to revenge the injuries done to them , by those who in all duty and allegiance , ought to have made good that safety , which the lawes chiefly provide for princes . but common civility is in vaine expected from those , that dispute their loyalty : nor can it be safe ( for any relation ) to a king , to tarry among them who are shaking hands with their allegiance , under pretence of laying faster hold on their religion . t is pitty so noble and peacefull a soule should see , much more suffer , the rudenesse of those who must make up their want of justice , with inhumanity , and impudence . her sympathy with me in my afflictions , will make her vertues shine with greater lustre , as stars in the darkest nights ; and assure the envious world , that she loves me , not my fortunes . neither of us but can easily forgive , since we do not much blame the unkindnesse of the generality , and vulgar ; for we see god is pleased to try both our patience , by the most selfe-punishing sin , the ingratitude of those , who having eaten of our bread , and being enriched with our bounty , have scornfully lift up themselves against us ; and those of our owne houshold are become our enemies . i pray god lay not their sin to their charge : who thinke to satisfy all obligations to duty , by their corban of religion : and can lesse endure to see , then to sin against their benefactours as well as their soveraignes . but even that policy of my enemies is so farre veniall , as it was necessary to their de●●gnes , by scandalous articles , and all irreverent demeanour , to seeke to drive her out of my kingdomes ; lest by the influence of her example , eminent for love as a wife , and loyalty , as a subject , she should have converted to , or retayned in their love , and loyalty , all those whom they had a purpose to pervert . the lesse i may be blest with her company , the more i will retire to god , and my owne heart , whence no malice can banish her. my enemies may envy , but they can never deprive me of the enjoyment of her vertues , while i enjoy my self . thou o lord , whose iustice at present sees fit to scatter us , let thy merc●● in thy due time , reunite us , on earth , if it be thy will ; however bring us both at last , to thy heavenly kingdome . preserve us from the hands of our despitefull and deadly enemies ; and prepare us by our sufferings for thy presence . though we differ in some things , as to religion , ( which is my greatest temporall infelicity ) yet lord give , and accept the sincerity of our affections , which desire to seek , to find , to embrace every truth of thine . let both our hearts agree in the love of thy selfe , and christ crucified for us . teach us both what thou wouldst have us to know , in order to thy glory , our publique relations , and our soules eternall good , and make us carefull to doe what good we know . let neither ignorance of what is necessary to be knowne , nor unbelief , or disobedience to what we know , be our misery or our wilfull default . let not this great scandall of those my subjects , which professe the same religion with me , be any hindrance to her love of any truth thou wouldst have her to learne , nor any hardning of her , in any errour thou wouldst have cleared to her . let mine , and other mens constancy be an antidote against the poyson of their example . let the truth of that religion i professe , be represented to her iudgment , with all the beauties of humility , loyalt●● charity , and peaceablenesse ; which are the proper fruits , and ornaments of it : not in the odious disguises of levity , schisme , heresie , novelty , cruelty , and disloyalty , which some mens practises have lately put upon it . let her see thy sacred and saving truths , as thine ; that she may believe , love and obey them as thine , cleared from all rust and drosse of humane mixtures . that in the glasse of thy truth she may see thee , in those mercies which thou hast offered to us , in thy sonne iesus christ , our onely saviour , and serve thee in all those holy duties , which most agree with his holy doctrine , and most imitable example . the experience we have of the vanity , and uncertainty of all humane glory , and greatnesse in our scatterings and eclypses , let it make us both so much ●he more ambitious to be invested in those durable honours , and perfections , which are onely to be found in thy self , and obtained through iesus christ. . vpon his majesties repulse at hull , and the fates of the hothams . my repulse at hull seemed at the first view an act of so rude disloyalty , that my greatest enemies had scarce confidence enough to abe●t , or owne it : it was the first overt essay to be made , how patiently i could beare the losse of my kingdomes . god knows , it affected me more with shame and sorrow for others , then with anger for my selfe ; nor did the affront done to me trouble me so much as their sinne , which admitted no colour o● excuse . i was resolved how to beare this , and much more , with patience : but i foresaw they could hardly conteine themselves within the compasse of this one unworthy act , who had effrontery enough to commit , or countenance it . this was but the hand of that cloud , which was ●oone after to overspread the whole kingdome , and cast all into disorder and darknesse . for t is among the wicked maximes of bold and disloyall undertakers : that bad actions must alwayes be seconded with worse , and rather not be begun then not carried on , for they think the retreat more dangerous then the assault , and hate repentance more then perseverance in a fault . this gave me to see clearly through all the pious disguises , and soft palliations of some men ; whose words were sometime smoother then oyle , but now i saw they would prove very swords . against which i having ( as yet ) no defence , but that of a good conscience , thought it my best policy ( with patience ) to bear what i could not remedy : and in this ( i thank god ) i had the better of hotham , that no disdain , or emotion of passion transported me , by the indignity of his carriage , to doe or say any thing , unbeseeming my self , or unsutable to that temper , which , in greatest injuries , i think , best becomes a christian , as comming nearest to the great example of christ. and indeed , i desire alwaies more to remember i am a christian , then a king ; for what the majesty of one might justly abhor , the charity of the other is willing to bear ; what the height of a king tempteth to revenge , the humility of a christian teacheth to forgive . keeping in compasse all those impotent passions , whose excesse injures a man , more then his greatest enemies can ; for these give their malice a full impression on our souls , which otherwaies cannot reach very far , nor doe us much hurt . i cannot but observe how god not long after so pleaded , and avenged my cause , in the eye of the world , that the most wilfully blind cannot avoid the displeasure to see it , & with some remorse and fear to own it as a notable stroke , and prediction of divine vengeance . for , sir iohn hotham unreproached , unthreatned , uncursed by any language or secret imprecation of mine , onely blasted with the conscience of his owne wickednesse , and falling from one inconstancy to another , not long after paies his owne and his eldest sons heads , as forfeitures of their disloyalty , to those men , from whom surely he might have expected another reward then thus to divide their heads from their bodies , whose hearts with them were divided from their king . nor is it strange that they who imployed them at first in so high a service , and so successfull to them , should not find mercy enough to forgive him , who had so much premerited of them : for , apostacy unto loyalty some men account the most unpardonable sinne . nor did a solitary vengeance serve the turne , the cutting off one head in a family is not enough to expiate the affront done to the head of the cōmon-weale . the eldest son must be involved in the punishment , as he was infected with the sinne of the father , against the father of his country : root and branch god cuts off in one day . these observations are obvious to every fancy : god knows , i was so farre from rejoycing in the hotham's ruine , ( though it were such as was able to give the grea●est thirst for revenge a full drought , being executed by them who first employed him against me ) that i so farre pitied him ; as i thought he at first acted more against the light of his conscience , then i hope many other men doe in the same cause . for , he was never thought to be of that superstitious sowrenesse , which some men pretend to , in matters of religion ; which so darkens their judgment that they cannot see any thing of sinne and rebellion in those meanes , they use , with intents to reforme to their models , of what they call religion , who think all is gold of piety , which doth but glister with a shew of zeale and fervency . sir iohn hotham was ( i think ) a man of another temper , and so most liable to those downright temptations of ambition , which have no cloake or cheat of religion to impose upon themselves or others . that which makes me more pity him is , that after he began to have some inclinations towards a repentance for his sinne , and reparation of his duty to me , he should be so unhappy as to fall into the hands of their justice , and not my mercy , who could as willingly have forgiven him , as he could have asked that favour of me. for i think clemency a debt , which we ought to pay to those that crave it , when we have cause to believe they would not after abuse it , since god himself suffer us not to pay any thing for his mercy but onely prayers and praises . poor gentleman , he is now become a noteable monument of unprosperous disloyalty , teaching the world by so sad and unfortunate a spectacle , that the rude carriage of a subject towards his soveraigne carries alwaies its own vengeance , as an unseperable shadow with it , and those oft prove the most fatall , and implacable executioners of it , who were the first imployers in the service . after-times will dispute it , whether hotham were more infamous at hull , or at tower-hill ; though 't is certain that no punishment so stains a mans honour , as wilfull preparations of unworthy actions ; which besides the conscience of the sinne , brands with most indelible characters of infamy , the name and memory to posterity , who not engaged in the factions of the times , have the most impartiall reflections on the actions . but thou , o lord , who hast in so remarkable a way avenged thy servant , suffer me not to take any secret pleasure in it , for his death hath satisfied the injury he did to me , so let me not by it gratifie any passion in me , lest i make thy vengeance to be mine , and consider the affront against me , more than the sin against thee . thou indeed , without any desire or endeavour of mine , hast made his mischief to returne on his owne head , and his violent dealing to come down on his owne pate . thou hast pleaded my cause , even before the sonnes of men , and taken the matter into thine own hands ; that men may know it was thy work , and see that thou , lord , hast done it : i do not , i dare not say , so let mine enemies perish o lord ! yea lord , rather give them repentance , pardon , and impunity , if it be thy blessed will. let not thy justice prevent the objects and opportunities of my mercy ; yea , let them live and amend who have most offended me in so high a nature ; that i may have those to forgive , who beare most proportion in their offences to those trespasses against thy majesty , which i hope thy mercy hath forgiven me . lord lay not their sins ( who yet live ) to their charge for condemnation , but to their consciences for amendment : let the lighting of this thunderbolt , which hath been so severe a punishment to one , be a terrour to all . discover to them their sinne , who know not they have done amisse , and scare the● from their sinne , that sinne of malicious wickednesse . that preventing thy judgments by their true repentance , they may escape the strokes of ●●●ne eternall vengeance . and doe thou , o lord , establish the thro●e of thy servant in mercy , and truth meeting ●●●●●gether ; let my crowne ever flourish in rig●●●●ousnesse , and peace , kissing each other . heare my prayer , o lord , who hast taught us to pray for , to doe good to , and to love our enemies , for thy sake ; who hast prevented us with offertures of thy love , even when we were thine enemies , and hast sent thy sonne iesus christ to die for us , when we were disposed to crucifie him . . vpon the listing , and raising armies against the king . i find that i am at the same point and posture i was , when they forced me to leave white-hall : what tumults could not doe , an army must ; which is but tumults lifted , and enrolled to a better order , but as bad an end : my recesse hath given them confidence that i may be conquered . and so i easily may as to any outward strength , which , god knowes , is little or none at all : but i have a soule invincible through gods grace enabling me ; here i am sure to be conquerour , if god will give me such a measure of constancy , as to feare him more than man : and to love the inward peace of my conscience , before any outward tranquillity . and must i be opposed with force , because they have not reason wherewith to convince me ? o my soule ! be of good courage , they confesse their knowne weaknesse , as to truth , and justice , who chose rather to contend by armies , than by arguments . is this the reward and thanks that i am to receive for those many acts of grace i have lately passed , and for those many indignities i have endured ? is there no way left to make me a glorious king but by my sufferings ? it is a hard and disputable choice for a king , that loves his people , and desires their love , either to kill his owne subjects , or to be killed by them . are the hazards and miseries of civil war in the bowels of my most flourishing kingdome , the fruits i must now reap after years living and reigning among them , with such a measu●e of justice , peace , plenty , and religion , as all nations about either admired , or envied ? notwithstanding some miscarriages in government , which might escape ; rather through ill counsell of some men driving on their private ends , or the peevishnesse of others envying the publique should be managed without them , or the hidden and insuperable necessities of state , then any propensity , i hope , of my self either to injuriousness or oppression . whose innocent bloud during my reigne have i shed , to satisfie my lust , anger , or covetousnesse ? what widowes or orphans tears can witnesse against me ; the just cry of which must now be avenged with my owne bloud ? for the hazards of warre are equall , nor doth the cannon know any respect of persons . in vaine is my person excepted by a parenthesis of words , when so many hands are armed against me with swords . god knowes how much i have studied to see what ground of justice is alledged for this warre against me ; that so i might ( by giving just satisfaction ) either prevent , or soone end so unnaturall a motion ; which ( to many men ) seemes rather the productions of a surfeit of peace , and wantonnesse of mindes , or of private discontents , ambition and faction ( which easily find , or make causes of quarrell ) then any reall obstructions of publick justice , or parliamentary priviledge . but this is pretended , and this i must be able to avoid and answer before god in my owne conscience , however some men are not willing to beleeve me , lest they should condemne themselves . when i first withdrew from white-hall , to see if i could allay the insolency of the tumults , ( the not suppressing of which , no account in reason can be given , ( where an orderly guard was granted but only to oppresse both mine and the two houses freedome of declaring and voting according to every mans conscience ) what obstructions of justice were there further then this , that what seemed just to one man , might not seeme so to another ? whom did i by power protect against the justice of parliament ? that some men withdrew , who feared the partiality of their tryall , ( warned by my lord of straffords death ) while the vulgar threatned to be their oppressors , and judgers of their judges , was from that instinct , which is in all creatures to preserve themselves . if any others refused to appear , where they evidently saw the current of justice and freedom so stopped and troubled by the rabble , that their lawfull judges either durst not come to the houses , or not declare their sense with liberty and safety ; it cannot seem strange to any reasonable man when the sole exposing them to publick odium was enough to ruine them , before their cause could be heard or tryed . had not factious tumults overborne the freedome and honour of the two houses ; had they asserted their justice against them , and made the way open for all the members quietly to come and declare their consciences : i know no man so deare to me , whom i had the least inclination to advise either to withdraw himself , or deny appearing upon their summons , to whose sentence according to law ( i think ) every subject bound to stand . distempers ( indeed ) were risen to so great a height , for want of timely●repressing the vulgar insolencies ; that the greatest guilt of those which were voted and demanded as delinquents was this , that they would not suffer themselves to be over-aw'd with the tumults , and their patrones ; nor compelled to abet by their suffrages , or presence ; the designes of those men who agitated innovations , and ruine , both in church and state. in this point i could not but approve their generous constancy and cautiousnesse ; further then this i did never allow any mans refractorinesse against the priviledges and orders of the houses ; to whom i wished nothing more , then safety , fulnesse , and freedome . but the truth is , some men , and those not many , despairing in faire and parliamentary wayes by free deliberations , and votes to gain the concurrence of the major part of lords and commons , betook themselves ( by the desperate activity of factious tumults ) to sift and terrifie away all those members whom they saw to be of contrary minds to their purposes . how oft was the businesse of the bishops enjoying their ancient places , and undoubted priviledges in the house of peeres , carried for them by farre the major part of lords . yet after five repulses , contray to all order and custome , it was by tumultuary , instigations obtruded again , and by a few carried , when most of the peeres were forced to absent them-themselves . in like manner , as the bill against root and branch , brought on by tumultuary clamours , and schismaticall terrours , which could never passe , till both houses were sufficiently thinned and over-awed . to which partiality , while in all reason , justice and religion , my conscience forbids me by consenting to make up their votes to acts of parliament ; i must now be urged with an army , and constrained either to hazard my owne , and my kingdomes ruine , by my defence ; or prostrate my conscience to the blind obedience of those men , whose zealous superstition thinks , or pretends , they cannot do god and the church a greater service , than utterly to destroy that primitive , apostolicall , and anciently universall government of the church by bishops . which if other mens judgements bind them to maintain , or forbids them to consent to the abolishing of it ; mine much more ; who , besides the grounds i have in my judgement , have also a most strickt and indispensable oath upon my conscience , to preserve that order , and the rights of the church ; to which , most sacrilegious and abhorred perjury , most un-beseeming a christian king , should i ever by giving my consent be betrayed , i should account it infinitely greater misery , then any hath , or can befall me● in as much as the least sinne hath more evill in it then the greatest affliction . had i gratified their anti-episcopall faction at first in this point , with my consent , and sacrificed the ecclesiasticall government , and revenues , to the fury of their covetuousnesse , ambition , and revenge , i believe they would then have found no colourable necessity of raising an army to fetch in , and punish delinquents . that i consented to the bill of putting the bishops out of the house of peers , was done with a firm perswasion of their contentednes to suffer a present diminution in their rights , and honour for my sake , and the common-weals , which i was confident they would readily yeeld unto , rather then occasion ( by the least obstruction on their part ) any dangers to me , or to my kingdome . that i cannot adde my consent for the totall extirpation of that government ( which i have often offered to all fit regulations ) hath so much further tie upon my conscience , as what i think religious and apostolicall ; and so very sacred and divine , is not to be dispensed with , or destroyed , when what is only of civill favor , and priviledge of honour granted to men of that order , may with their consent , who are concerned in it be annulled . this is the true state of those obstructions pretended to be in point of justice and authority of parliament ; when i call god to witnesse , i knew none of such consequence as was worth speaking of a warre , being only such as justice , reason , and religion had made in my owne and other mens consciences . afterwards indeed a great shew of delinquents was made ; which were but consequences necessarily following upon mine , or others withdrawing from , or defence against violence : but those could not be the first occasion of raising an army against me. wherein i was so far from preventing them , ( as they have declared often , that they might seeme to have the advantage and justice of the defensive part , and load me with all the envy and injuries of first assaulting them ) that god knows , i had not so much as any hopes of an army in my thoughts . had the tumults been honourably and effectually repressed by exemplary justice , and the liberty of the houses so vindicated , that all members of either house might with honour and freedome , becomming such a senate , have come and discharged their consciences , i had obtained all that i designed by my withdrawing , and had much more willingly , and speedily returned then i retired ; this being my necessity driving , the other my choise desiring . but some men know , i was like to bring the same judgement and constancy , which i carryed with me , which would never fit their designes : and so while they invited me to come , and grievously complained of my absence , yet they could not but be pleased with it : especially when they had found out that plausible and popular pretext of raising an army to fetch in delinquents : when all that while they never punished the greatest and most intolerable delinquencie of the tumults , and their exciters , which drave my selfe , and so many of both houses from their places , by most barbarous indignities , which yet in all reason and honour , they were as loath to have deserted , as those others were willing they should , that so they might have occasion to persecute them with the injuries of an army , for not suffering more tamely the injuries of the tumults . that this is the true state , and first drift and designe in raising an army against me , is by the sequell so evident , that all other pretences vanish . for when they declared by propositions , or treaties , what they would have to appease them ; there was nothing of consequence offered to me , or demanded of me , as any originall difference in any point of law , or order of justice . but among other lesser innovations , this chiefly was urged , the abolition of episcopall , and the establishment of presbyterian government . all other things at any time propounded were either impertinent as to any ground of a war , or easily granted by me , and onely to make up a number , or else they were meerly consequentiall , and accessary , after the war was by them unjustly began . i cannot hinder other mens thoughts , whom the noise and shew of piety , and heat for reformation and religion , might easily so fill with prejudice , that all equality and clearnesse of judgement might be obstructed . but thi● was , and is , as to my best observation , the true state of affaires betweene us , when they first raised an army , with this designe , either to stop my mouth , or to force my consent : and in this truth , as to my conscience , ( who was ( god knowes ) as far from meditating a war , as i was in the eye of the world from having any preparation for one ) i find that comfort , that in the midst of all the unfortunate successes of this war , on my side , i doe not think my innocencie any whit prejudiced or darkned ; nor am i without that integrity , and peace before god , as with humble confidence to addresse my prayer to him. for thou , o lord , seest clearly through all the cloudings of humane affaires ; thou judgest without prejudice : thy omniscience eternally guides thy unerrable iudgement . o my god , the proud are risen against me , and the assemblies of violent men have sought after my soule , and have not set thee before their eyes . consider my enemies , o lord , for they are many , and they hate me with a deadly hatred without a cause . for thou knowest , i had no passion , designe or preparation to embroyle my kingdomes in a civill warre ; whereto i had least temptation ; as knowing i must adventure more then any , and could gaine least of any by it . thou , o lord , art my witnesse how oft i have deplored , and studied to divert the necessity thereof , wherein i cannot well be thought so prodigally thirsty of my subjects blood , as to venture my own life , which i have been oft compelled to doe in this unhappy warre ; and which were better spent to save then to destroy my people . o lord , i need much of thy grace , with patience to bear the many afflictions thou hast suffered some men to bring upon me ; but much more to bear the unjust reproaches of those , who not content that i suffer most by the warre , will needs perswade the world that i have raised first , or given just cause to raise it . the confidence of some mens false tongues is such , that they would make me almost suspect my own innocency : yea , i could be content ( at least by my silence ) to take upon me so great a guilt before men , if by that i might allay the malice of my enemies , and redeeme my people from this miserable warre ; since thou o lord knowest my innocency in this thing . thou wilt finde out bloudy and deceitfull men ; many of whom have not lived out half their daies , in which they promised themselves the enjoyment of the fruits of their violent and wicked counsells . save , o lord , thy servant , as hitherto thou hast , and in thy due time scatter the people that delight in warre . arise o lord , lift up thy self , because of the rage of mine enemies , which encreaseth more and more . behold them that have conceived mischief , travelled with iniquity , and brought forth falshood . thou knowest the chief designe of this warre is , either to destroy my person , or force my iudgment , and to make me renege my conscience and thy truth . i am driven to crosse davids choise and desire , rather to fall into the hands of men , by denying them , ( though their mercies be cruell ) then into thy hands by sinning against my conscience , and in that against thee , who art a consuming fire ; better they destroy me , then thou shouldst damne me. be thou ever the defence of my soul , who wilt save the upright in heart . if nothing but my bloud will satisfie my enemies , or quench the flames of my kingdomes , or thy temporall iustice , i am content , if it be thy will , that it be shed by mine owne subjects hands . but ô let the bloud of me , though their king , yet a sinner , be washed with the bloud of my innocent and peace-making redeemer , for in that thy iustice will find not only a temporary expiation , but an eternall plenary satisfaction ; both for my sins , and the sins of my people ; whom i beseech thee still own for thine , and when thy wrath is appeased by my death , o remember thy great mercies toward them , and forgive them ! o my father , for they know not what they doe . . vpon their seizing the kings magazines , forts , navy , and militia . how untruly i am charged with the first raising of an army , and beginning this civill warre , the eyes that only pitty me , and the loyall hearts that durst only pray for me , at first , might witnesse , which yet appear not so many on my side , as there were men in arms listed against me ; my unpreparednesse for a war may well dis-hearten those that would help me ; while it argues ( truly ) my unwillingnes to fight ; yet it testifies for me , that i am set on the defensive part ; having so little hopes or power to offend others , that i have none to defend my self , or to preserve what is mine own from their proreption . no man can doubt but they prevented me in their purposes , as well as their injuries , who are so much before-hand in their preparations against me , and surprisalls of my strength . such as are not for them , yet dare not be for me ; so over-aw'd is their loyalty by the others numbers and terrours . i believe my innocency , and unpreparednesse to assert my rights and honour , makes me the more guilty in their esteeme ; who would not so easily have declared a war against me , if i had first assaulted them . they knew my chiefest armes left me , were those only , which the ancient christians were wont to use against their persecutors , prayers and teares . these may serve a good mans turne , if not to conquer as a souldier , yet to suffer as a martyr . their preventing of me , and surprizing my castles , forts , armes , and navy , with the militia , is so farre best for me , that it may drive me from putting any trust in the arme of flesh , and wholly to cast my self into the protection of the living god , who can save by few , or none , as well as by many . he that made the greedy ravens to be elias caterers , and bring him food , may also make their surprisall of outward force and defence , an opportunity to shew me the speciall support of his power and protection . i thank god i reckon not now the want of the militia so much in reference to my own protection as my peoples . their many and sore oppressions grieve me , i am above my owne , what i want in the hands of force and power , i have in the wings of faith and prayer . but this is the strange method these men will needs take to resolve their riddle of making me a glorious king , by taking away my kingly power : thus i shall become a support to my friends , and a terrour to my enemies by being unable to succour the one , or suppresse the other . for thus have they designed , and proposed to me , the new modelling of soveraignty and kingship , as without any reality of power , or without any necessity of subjection and obedience : that the majesty of the kings of england might hereafter , hang like mahomets tomb , by a magnetique charme , between the power and priviledges of the two houses , in an aiery imagination of regality . but i believe the surfeit of too much power , which some men have greedily seized on , and now seek wholly to devour , will ere long make the common-wealth sick both of it and them , since they cannot well digest it ; soveraigne power in subjects seldome agreeing with the stomacks of fellow subjects . yet i have even in this point of the constant militia sought , by satisfying their feares , and importunities , both to secure my friends , and overcome mine enemies , to gaine the peace of all , by depriving my selfe of a sole power to help , or hurt any : yeilding the militia ( which is my undoubted right no lesse than the crowne ) to be disposed of as the two houses shall think fit , during my time . so willing am i to bury all jealousies in them , of me , and to live above all jealousies of them , as to my self ; i desire not to be safer than i wish them and my people ; if i had the sole actuall disposing of the militia , i could not protect my people , further than they protected me , and themselves : so that the use of the militia is mutuall . i would but defend my self so far , as to be able to defend my good subjects from those mens violence and fraud , who conscious to their owne evill merits and designes , will needs perswade the world , that none but wolves are fit to be trusted with the custody of the shepherd and his flock . miserable experience hath taught my subjects , since power hath been wrested from me , and imployed against me & them ! that neither can be safe if both be not in such a way as the law hath entrusted the publique safety and welfare . yet even this concession of mine as to the exercise of the militia , so vast and large , is not satisfactory to some men ; which seem to be enemies not to me onely , but to all monarchy ; and are resolved to transmit to posterity such jealousies of the crowne , as they should never permit it to enjoy its just and necessary rights , in point of power ; to which ( at last ) all law is resolved , while thereby it is best protected . but here honour and justice due to my successors , forbid me to yeild to such a totall alienation of that power from them , which civility & duty ( no lesse then justice and honour ) should have forbad them to have asked of me. for , although i can be content to eclypse my owne beames , to satisfie their feares ; who think they must needs be scorched or blinded , if i should shine in the full lustre of kingly power , wherewith god and the lawes have invested me : yet i will never consent to put out the sun of soveraignty to all posterity , and succeeding kings ; whose just recovery of their rights from unjust usurpations and extortions , shall never be prejudiced or obstructed by any act of mine , which indeed would not be more injurious to succeeding kings , than to my subjects ; whom i desire to leave in a condition not wholly desperate for the future ; so as by a law to be ever subjected to those many factious distractions , which must needs follow the many-headed hydra of government ; which as it makes a shew to the people to have more eyes to foresee ; so they will find it hath more mouthes too , which much be satisfied : and ( at best ) it hath rather a monstrosity , than any thing of perfection , beyond that of right monarchy ; where counsell may be in many as the senses , but the supreme power can be but in one as the head. happily where men have tried the horrours and malignant influence which will certainly follow my enforced darknesse and eclypse , ( occasioned by the interposition and shadow of that body , which as the moone receiveth its chiefest light from me ) they will at length more esteeme and welcome the restored glory and blessing of the suns light . and if at present i may seem by my receding so much from the use of my right in the power of the militia , to come short of the discharge of that trust to which i am sworne for my peoples protection ; i conceive those men are guilty of the enforced perjury , ( if so it may seeme ) who compell me to take this new and strange way of discharging my trust , by seeming to desert it ; of protecting my subjects by exposing my self to danger or dishonour , for their safety and quiet . which in the conflicts of civill warre and advantages of power cannot be effected but by some side yeilding ; to which the greatest love of the publique peace , and the firmest assurance of gods protection ( arising from a good conscience ) doth more invite me , than can be expected from other mens fears ; which arising from the injustice of their actions ( though never so successfull ) yet dare not adventure their authours upon any other way of safety then that of the sword and militia ; which yet are but weak defences against the stroaks of divine vengeance , which will overtake ; or of mens owne consciences , which alwaies attend injurious perpetrations . for my self , i doe not think that i can want any thing which providentiall necessity is pleased to take from me , in order to my peoples tranquillity and gods glory , whose protection is sufficient for me ; and he is able by his being with me , abundantly to compensate to me , as he did to iob , what ever honour , power , or liberty the caldeans , the sabeans , or the devill himself can deprive me of . although they take from me all defence of armes and militia , all refuge by land , of forts , and castles , all flight by sea in my ships , and navy ; yea , though they study to rob me of the hearts of my subjects , the greatest treasure and best ammunition of a king , yet cannot they deprive me of my own innocency , or gods mercy , nor obstruct my way to heaven . therefore , o my god , to thee i flie for help , if thou wilt be on my side , i shall have more with me then can be against me . there is none in heaven , or in earth , that i desire in comparison of thee : in the losse of all , be thou more than all to me : make hast to succour me , thou that never failest them , that put their trust in thee . thou seest i have no power to oppose them that come against me , who are encouraged to fight under the pretence of fighting for me : but my eyes are toward thee . thou needest no help , nor shall i , if i may have thine ; if not to conquer , yet at least to suffer . if thou delightest not in my safety , and prosperity , behold here i am willing to be reduced to what thou wilt have me ; whose iudgments oft begin with thy owne children . i am content to be nothing , that thou mayst be all . thou hast taught me , that no king can be saved by the multitude of an host ; but yet thou canst save me by the multitude of thy mercies , who art the lord of hosts , and the father of mercies . help me , o lord , who am sore distressed on every side , yet be thou on my side , and i shall not feare what man can doe unto mee . i will give thy iustice the glory of my distresse . o let thy mercy have the glory of my deliverance from them that persecute my soule ! by my sinnes have i fought against thee , and robbed th●e of thy glory , who am thy subject , and justly mayst thou , by my owne subjects , strip me of my strength , and eclypse my glory . but shew thy self , o my hope , and onely refuge ! let not mine enemies say , there is no help for him in his god. hold up my goings in thy paths , that my footsteps slip not . keep me as the apple of thine eye , hide me under the shadow of thy wings . shew thy marveilous loving kindnesse , o thou that savest by thy right hand them that put their trust in thee , from those that rise up against them . from the wicked that oppresse me , from my deadly enemies that compasse me about . shew me the path of life . in thy presence is fulnesse of joy , at thy right hand there are pleasures for evermore . . vpon the . propositions first sent to the king ; and more afterwards . although there be many things , they demand , yet if these be all , i am glad to see at what price they set my owne safety , and my peoples peace ; which i cannot think i buy at too deare a rate save onely the parting with my conscience & honour . if nothing else will satisfie , i must chuse rather to be as miserable , and inglorious , as my enemies can make or wish me . some things here propounded to me have been offered by me ; others are easily granted ; the rest ( i think ) ought not to be obtruded upon me , with the point of the sword ; nor urged with the injuries of a war ; when i have already declared that i cannot yeild to them , without violating my conscience : 't is strange , there can be no method of peace , but by making warre upon my soule . here are many things required of me , but i see nothing offer'd to me , by the way of gratefull exchange of honour ; or any requitall for those favours , i have , or can yet grant them . this honour they doe mee , to put mee on the giving part , which is more princely and divine . they cannot aske more than i can give , may i but reserve to my self the incommunicable jewell of my conscience ; and not be forced to part with that , whose losse nothing can repaire or requite . some things ( which they are pleased to propround ) seeme unreasonable to me , and while i have any mastery of my reason , how can they think i can consent to them ? who know they are such as are inconsistent with being either a king , or a good christian. my yeilding so much ( as i have already ) makes some men confident i will deny nothing . the love i have of my peoples peace , hath ( indeed ) great influence upon me ; but the love of truth , and inward peace hath more . should i grant some things they require , i should not so much weaken my outward state of a king ; as wound that inward quiet of my conscience , which ought to be , is , and ever shall be ( by gods grace ) dearer to me then my kingdomes . some things which a king might approve , yet in honour and policy are at some time to be denied , to some men , lest he should seeme not to dare to deny any thing ; and give too much incouragement to unreasonable demands , or importunities . but to bind my self to a generall and implicite consent , to what ever they shall desire , or propound , ( for such is one of their propositions ) were such a latitude of blind obedience , as never was expected from any free-man , nor fit to be required of any man , much lesse of a king , by his own subjects ; any of whom he may possibly exceed as much in wisdome , as he doth in place and power . this were as if sampson should have consented , not only to binde his own hands , and cut off his haire , but to put out his own eyes , that the philistins might with the more safety mock , and abuse him ; which they chose rather to doe , then quite to destroy him , when he was become so tame an object , and fit occasion for their sport and scorne . certainly , to exclude all power of deniall , seemes an arrogancy , least of all becomming those who pretend to make their addresses in an humble and loyall way of petitioning ; who by that sufficiently confesse their owne inferiority , which obligeth them to rest , if not satisfied , yet quieted with such an answer as the will and reason of their superiour thinkes fit to give ; who is acknowledged to have a freedome and power of reason , to consent , or dissent , else it were very foolish and absurd to ask , what another having not liberty to deny , neither hath power to grant . but if this be my right belonging to me , in reason , as a man , and in honour as a soveraign king , ( as undoubtedly it doth ) how can it be other then extream injury to confine my reason to a necessity of granting all they have a mind to ask , whose minds may be as differing from mine both in reason & honour , as their aims may be , and their qualities are ; which last god & the laws have sufficiently distinguish● , making me their soveraign , and them my subjects : whose propositions may soon prove violent oppositions , if once they gain to be necessary impositions upon the regall authority . since no man seekes to limit and confine his king , in reason , who hath not a secret aime to share with him , or usurp upon him in power and dominion . but they would have me trust to their moderation , & abandon mine own discretion ; that so i might verifie what representations some have made of me to the world , that i am fitter to be their pupill then their prince . truly i am not so confident of my own sufficiency , as not willingly to admit the counsell of others : but yet i am not so diffident of my selfe , as bru●ishly to submit to any mens dictates , and at once to betray the soveraignty of reason in my soul , and the majesty of my own crown to any of my subjects . least of all have i any ground of credulity , to induce me fully to submit to all the desires of those men , who will not admit or doe refuse , and neglect to vindicate the freedome of their own and others , sitting and voting in parliament . besides , all men that know them , know this , how young states-men ( the most part ) of these propounders are ; so that , till experience of one seven years hath shewed me , how well they can governe themselves , and so much power as is wrested from me , i should be very foolish indeed , and unfaithfull , in my trust , to put the reins of both reason and government , wholly out of my own , into their hands , whose driving is already too much like iehues ; and whose forwardnesse to ascend the throne of supremacy pretends more of phaeton then of phebus ; god divert the omen if it be his will. they may remember , that at best they sit in parliament , as my subjects , not my superiours ; called to be my counsellours , not dictatours : their summons extends to recommend their advice , not to command my duty . when i first heard of propositions to be sent me , i expected either some good lawes , which had been antiquated by the course of time , or overlayd by the corruption of manners , had been desired to a restauration of their vigour and due execution ; or some evill customes preterlegall , and abuses personall had been to be removed : or some injuries done by my selfe , and others , to the common-weale , were to be repaired : or some equable offertures were to be tendred to me , wherein the advantages of my crowne being considered by them , might fairly induce me to condiscend , to what tended to my subjects good , without any great diminution of my selfe , whom nature , law , reason , and religion , bind me ( in the first place ) to preserve : without which , 't is impossible to preserve my people according to my place . or ( at least ) i looked for such moderate desires of due reformation of what was ( indeed ) amisse in church and state , as might still preserve the foundation and essentialls of government in both ; not shake and quite overthrow either of them , without any regard to the lawes in force , the w●sdome and piety of former parliaments , the ancient and universall practise of christian churches ; the rights and priviledges of particular men : nor yet any thing offered in lieu , or in the roome of what must be destroyed , which might at once reach the good end of the others institution , and also supply its pretended defects , reforme its abuses , and satisfie sober and wise men , not with soft and specious words , pretending zeale and speciall piety , but with pregnant and solid reasons both divine and humane , which might justifie the abruptnesse and necessity of such vast alterations . but in all their propositions i can observe little of these kinds , or to these ends : nothing of any laws dis●jointed , which are to be restored ; of any right invaded ; of any justice to be un-obstructed ; of any compensations to be made ; of any impartiall reformation to be granted ; to all , or any of which , reason , religion , true policy , or any other humane motives , might induce me . but as to the maine matters propounded by them at any time , in which is either great novelty , or difficulty . i perceive that what were formerly look'd upon as factions in the state , and sch●smes in the church , and so● punishable by the lawes , have now the confidence , by vulgar clamours , and assistance ( chiefly ) to demand not onely tolerations of themselves , in their vanity , novelty , and confusion ; but also abolition of the lawes against them : and a totall extirpation of that government , whose rights they have a mind to invade . this , as to the maine ; other proposi●ions are ( for the most part ) but as waste paper in which those are wrapped up to present them somewhat more handsomely . nor doe i so much wonder at the variety , and horrible novelty of some propositions , ( there being nothing so monstrous , which some fancies are not prone to long for . ) this casts me into , not an admiration , but an extasie , how such things should have the fortune to be propounded in the name of the two houses of the parliament of england : among whom , i am very confident , there was not a fourth part of the members of either house , whose judgments free , single , and apart did approve or desire such destructive changes in the government of the church . i am perswaded there remaines in farre the major part of both houses , ( if free , and full ) so much learning , reason , religion , and just moderation , as to know how to sever between the u●e and the abuse of things ; the institution , and the corruption , the government and the mis-government , the primitive patterns , and the aberrations or blottings of after copies . sure they could not all , upon so little , or no reason ( as yet produced to the contrary ) so soon renounce all regard to the laws in force , to antiquity , to the piety of their reforming progenitors , to the prosperity of former times in this church and state , under the present government of the church . yet , by a strange fatality , these men suffer , either by their absence , or silence , or negligence , or supine credulity ( believing that all is good , which is guilded with shewes of zeale and reformation ) their private dissenting in judgement to be drawne into the common sewer or streame of the present vogue and humour ; which hath its chief rise and abetment from those popular clamours and tumults : which served to give life and strength to the infinite activity of those men , who studied with all diligence , and policy , to improve to their innovating designes , the present distractions . such armies of propositions having so little , in my judgment , of reason , justice , and religion on their side , as they had tumult and faction for their rise , must not go alone , but ever be backt and seconded , with armies of soldiers : though the second should prevaile against my person , yet the first shall never overcome me , further than i see cause ; for , i look not at their number and power so much , as i weigh their reason and justice . had the two houses first sued out their livery , and once effectually redeemed themselves from the wardship of the tumults , ( which can be no other than the hounds that attend the cry , and hollow of those men , who hunt after factious , and private designes , to the ruine of church and state. ) did my judgment tell me , that the propositions sent to me were the results of the major part of their votes , who exercise their freedome , as well as they have a right to sit in parliament : i should then suspect my own judgment , for not speedily and fully concurring with every one of them . for , i have charity enough to think , there are wise men among them : and humility to think , that , as in some things i may want ; so 't is fit i should use their advise , which is the end for which i called them to a parliament . but yet i cannot allow their wisdome such a compleatnesse and inerrability as to exclude my self ; since none of them hath that part to act , that trust to discharge , nor that estate and honour to preserve as my selfe ; without whose reason concurrent with theirs ( as the suns influence is necessary in all natures productions ) they cannot beget , or bring forth any one compleat and authoritative act of publique wisdome , which makes the lawes . but the nnreasonablenesse of some propositions is not more evident to me than this is , that they are not the joynt and free desires of those in their major number , who are of right to sit and vote in parliament . for , many of them savour very strong of that old leaven of innovations , masked under the name of reformation ; ( which in my two last famous predecessours daies , heaved at , and sometime threatned both prince and parliaments : ) but , i am sure was never wont so far to infect the whole masse of the nobility and gentry of this kingdome ; however it dispersed among the vulgar : nor was it likely so suddenly to taynt the major part of both houses , as that they should unanimously desire , and affect so enormous and dangerous innovations in church and state , contrary to their former education , practise , and judgement . not that i am ignorant , how the choice of many members was carried by much faction in the countries ; some thirsting after nothing more , than a passionate revenge of what ever displeasure they had conceived against me , my court , or the clergy . but all reason bids me impute these sudden and vast desires of change to those few , who armed themselves with the many-headed , and many-handed tumults . no lesse doth reason , honour , and safety both of church and state command me , to chew such morsels , before i let them downe ; if the straitnesse of my conscience will not give me leave to swallow down such camels , as others doe of sacriledge , and injustice both to god and man , they have no more cause to quarrell with me , than for this , that my throat is not so wide as theirs . yet by gods help i am resolved , that nothing of passion , or peevishnesse , or list to contradict , or vanity to shew my negative power , shall have any byas upon my judgment , to make me gratifie my will , by denying any thing , which my reason and conscience commands me not . nor on the other side , will i consent to more than reason , justice , honour , and religion perswade me , to be for gods glory , the churches good , my peoples welfare , and my owne peace . i will study to satisfie my parliament , and my people ; but i will never , for feare , or flattery , gratifie any faction , how potent soever ; for this were to nourish the disease , & oppresse the body . although many mens loyalty and prudence are terrified from giving me , that free , and faithfull counsell , which they are able and willing to impart , and i may want ; yet none can hinder me from craving of the counsell of that mighty counsellour , who can both suggest what is best , and incline my heart stedfastly to follow it . o thou first and eternall reason , whose wisdome is fortified with omnipotency , furnish thy servant , first with cleare discoveries of truth , reason , and iustice , in my understanding : then so confirme my will and resolution to adhere to them , that no terrours , injuries , or oppressions of my enemies may ever inforce me against those rules , which thou by them hast planted in my conscience . thou never madest me a king , that i should be lesse than a man ; and not dare to say , yea , or nay , as i see cause ; which freedome is not denied to the meanest creature , that hath the use of reason , and liberty of speech . shall that be blameable in me , which is commendable veracity and constancy in others● thou seest , o lord , with what partiality , and injustice , they deny that freedome to me their king , which thou hast given to all ●en ; and which themselves pertinaciously challenge to themselves ; while they are so tender of the least breach of their priviledges . to thee i make my supplication , who canst guide us by an unerring rule , through thy perplexed labyrinths of our owne thoughts , and other mens proposalls ; which , i have some cause to suspect , are purposely cast as snares , that by my granting or denying them , i might be more entangled in those difficulties , wherewith they lie in wait to afflict me. o lord , make thy way plaine before me. let not my owne sinfull passions cloud , or divert thy sacred suggestions . let thy glory be my end , thy word my rule , and then thy will be done . i cannot please all , i care not to please some men ; if i may be happy to please thee , i need not feare whom i displease . thou that makest the wisdome of the world foolishnesse , and takest in their owne devices , such as are wise in their owne conceits , make me wise by thy truth , for thy honour , my kingdoms generall good , and my owne soules salvation , and i shall not much regard the worlds opinion , or diminution of me . the lesse wisdome they are willing to impute to me , the more they shall be convinced of thy wisdome directing me , while i deny nothing fit to be granted , out of crosnesse , or humour ; nor grant any thing which is to be denied , out of any feare , or flattery of men . suffer me not to be guilty , or unhappy , by willing or inconsiderate advancing any mens designes , which are injurious to the publique good , while i confirme them by my consent . nor let me be any occasion to hinder or defraud the publique of what is best , by any morose or perverse d●ssentings . make me so humbly charitable , as to follow their advise , when it appeares to be for the publ●que good , of whose affections to me , i have yet but few evidences to assure me. thou canst as well blesse honest errours , as blast fraudulent counsells . since we must give an account of every evill and idle word in private , at thy tribunall ; lord make me carefull of those solemne declarations of my mind which are like to have the greatest influence upon the publique , either for woe , or weale . the lesse others con●ider what they aske , make me the more solicitous what i answer . though mine owne , and my peoples pressures are grievous , and peace would be very pleasing ; yet lord , never suffer me to avoid the one , or purchase the other , with the least expense or wast of my conscience ; whereof thou o lord onely art deservedly more master than my self . . vpon the rebellion , and troubles in ireland . the commotions in ireland were so sudden , and so violent , that it was hard at first either to discerne the rise , or apply a remedy to that precipitant rebellion . indeed , that sea of bloud , which hath there been cruelly and barbarously shed , is enough to drowne any man in eternall both infamy and misery , whom god shall find the malicious authour or instigator of its effusion . it fell out , as a most unhappy advantage to some mens malice against me ; that when they had impudence enough to lay any thing to my charge , this bloudy opportunity should be offered them , with which i must be aspersed . although there was nothing which could be more adhorred to me , being so full of sin against god , disloyalty to my selfe , and destructive to my subjects . some men took it very ill not to be believed , when they affirmed , that what the irish rebels did , was done with my privity ( at least ) if not by my commission : but these knew too well , that it is no news for some of my subjects to fight , not onely without my commission , but against my command , and person too ; yet all the while to pretend , they fight by my authority , and for my safety . i would to god the irish had nothing to alledge for their imitation against those , whose blame must needs be the greater , by how much protestant principles are more against all rebellion against princes , then those of papists . nor will the goodnesse of mens intentions excuse the scandall , and contagion of their examples . but who ever faile of their duty toward me , i must bear the blame ; this honour my enemies have alwaies done me , to think moderate injuries not proportionate to me , nor competent trialls , either of my patience under them , or my pardon of them . therefore with exquisite malice they have mixed the gall and vinegar of falsity and contempt , with the cup of my affliction ; charging me not only with untruths , but such , as wherein i have the greatest share of losse and dishonour by what is committed ; whereby ( in all policy , reason , and religion , having least cause to give the least consent , and most grounds of utter de●estation ) i might be represented by them to the world the more inhumane and barbarous : like some cyclopick monster , whom nothing will serve to eat and drink , but the flesh and blood of my own subjects ; in whose common welfare my interest lies as much as some mens doth in their perturbations : who think they cannot doe well but in evill times , nor so cunningly as in laying the odium of those sad events on others , wherewith themselves are most pleased , and whereof they have been not the least occasion . and certainly , t is thought by many wise men , that the preposterous rigour , and unreasonable severity , which some men carried before them in england , was not the least incentive , that kindled , and blew up into those horrid flames , the sparkes of discontent , which wanted not pre-disposed fewell for rebellion in ireland ; where despaire being added to their former discontents , and the feares of utter extirpation to their wonted oppressions , it was easie to provoke to an open rebellion , a people prone enough , to break out to all exorbitant violence , both by some principles of their religion , and the naturall desires of liberty ; both to exempt themselves from their present restraints , and to prevent those after rigours , wherewith they saw themselves apparently threatned , by the covetous zeal , and uncharitable fury of some men , who think it a great argument of the truth of their religion , to endure no other but their own . god knowes , as i can with truth wash my hands in innocency , as to any guilt in that rebellion ; so i might wash them in my teares , as to the sad apprehensions i had , to see it spread so farre , and make such waste . and this in a time , when distra●●ions , and jealousies here in england , made most men rather intent to their own safety , or designes they were driving , then to the relief of those , who were every day inhumanely butchered in ireland : whose teares and bloud might , if nothing else , have quenched , or at least for a time , repressed and smothered those sparks of civill dissentions , and jealousies , which in england some men most industriously scattered . i would to god no man had been lesse affected with irelands sad estate then my self ; i offered to goe my self in person upon that expedition ; but some men were either afraid i should have any one kingdome quieted ; or loath they were to shoot at any mark here lesse then my self ; or that any should have the glory of my destruction but themselves . had my many offers been accepted , i am confident neither the ruine had been so great , nor the calamity so long , nor the remedy so desperate . so that , next to the sin of those , who began that rebellion , theirs musts needs be : who either hindred the speedy suppressing of it by domestick dissentions , or diverted the aides , or exasperated the rebells to the most desperate resolutions and actions , by threatning all extremities , not only to the known heads , and chief incendiaries , but even to the whole community of that nation ; resolving to destroy root and branch , men , women and children ; without any regard to those usuall pleas for mercy , which conquerours , not wholly barbarous , are wont to hear from their own breasts , in behalf of those , whose oppressive faces , rather then their malice , engaged them ; or whose imbecility for sex and age was such , as they could neither lift up a hand against them , nor distinguish between their right hand and their left : which preposterous , and ( i think ) un-evangelicall zeal is too like that of the rebuked disciples , who would goe no lower in their revenge , then to call for fire from heaven upon whole cities , for the repulse or neglect of a few ; or like that of iacobs sons , which the father both blamed and cursed : chusing rather to use all extremites , which might drive men to desperate obstinacy , then to apply moderate remedies ; such as might punish some with exemplary justice , yet disarme others , with tenders of mercy upon their submission , and our protection of them , from the fury of those , who would soon drown them , if they refused to swim down the popular stream with them . but some kind of zeale counts all mercifull moderation , luke-warmnesse ; and had rather be cruell then counted cold , and is not seldome more greedy to kill the bear for his skin , then for any harme he hath done . the confiscation of mens estates being more beneficiall , then the charity of saving their lives , or reforming their errours . when all proportionable succours of the poor protestants in ireland ( who were daily massacred , and overborne with numbers of now desperate enemies ) was diverted and obstructed here ; i was earnestly entreated , and generally advised by the chief of the protestant party there , to get them some respite and breathing by a cessation , without which they saw no probability ( unlesse by miracle ) to preserve the remnant that had yet escaped : god knowes with how much commiseration and solicitous caution i carried on that businesse , by persons of honour and integrity , that so i might neither incourage the rebells insolence , nor discourage the protestants loyalty and patience . yet when this was effected in the best sort , that the necessity and difficulty of affaires would then permit , i was then to suffer again in my reputation and honour , because i suffered not the rebels utterly to devour the remaining handfuls of the protestants there . i thought , that in ●ll re●son , the gaining of that respite could not be so much to the rebels advantages ( which some have highly calumniated against me ) as it might have been for the protestants future , as well as present safety ; if during the time of that cessation , some men had had the grace to have laid irelands sad condition more to heart ; and laid aside those violent motions , which were here carried on by those , that had better skill to let bloud than to stanch it . but in all the misconstructions of my actions , ( which are prone to find more credulity in men to what is false , and evill , than love or charity to what is true and good ) as i have no judge but god above me , so i can have comfort to appeale to his omniscience , who doth not therefore deny my innocence , because he is pleased so far●e to try my patience , as he did his servant iob's . i have enough to doe to look to my owne conscience , and the faithfull discharge of my trust as a king ; i have scarce leisure to consider those swarmes of reproaches , which issue out of some mens mouthes and hearts , as easily as smoke , or sparks doe out of a fornace ; much lesse to make such prolix apologies , as might give those men satisfaction : who conscious to their owne depth of wickednesse , are loath to believe any man not to be as bad as themselves . 't is kingly to doe well , and heare ill : if i can but act the one , i shall not much regard to beare the other . i thank god i can heare with patience , as bad as my worst enemies can falsly say . and i hope i shall still doe better than they desire , or deserve i should . i believe it will at last appear , that they who first began to embroyle my other kingdomes , are in great part guilty , if not of the first letting out , yet of the not-timely stopping those horrid effusions of bloud in ireland . which ( whatever my enemies please to say , or thinke ) i looke upon , as that of my other kingdomes , exhausted out of my owne veins ; no man being so much weakned by it , as my selfe ; and i hope , though mens unsatiable cruelties never will , yet the mercy of god will at length say to his justice , it is enough : and command the sword of civill warres to sheath it self : his mercifull justice intending , i trust , not our utter confusion , but our cure : the abatement of our sinnes , not the desolating of these nations . o my god , let those infinite mercies prevent us once againe , which i and my kingdomes have formerly abused , and can never deserve , should be restored . thou seest how much cruelty among christians is acted under the colour of religion ; as if we could not be christians , unlesse we crucifie one another . because we have not more loved thy truth , and practiced in charity , thou hast suffered a spirit of errour and bitternesse , of mutuall and mortall hatred to rise among us . o lord , forgive wherein we have sinned , and sanctifie what we have suffered . let our repentance be our recovery , as our great sinnes have been our ruine . let not the miseries i and my kingdomes have hitherto suffered seeme small to thee : but make our sins appeare to our consciences , as they are represented in the glasse of thy judgments ; for thou never punishest small failings with so severe afflictions . o therefore , according to the multitude of thy great mercies , pardon our sinnes , and remove thy judgements which are very many , and very heavy . yet let our sinnes be ever more grievous to us , than thy judgments ; and make us more willing to repent , than to be relieved ; first give us the peace of penitent consciences , and then the tranquillity of united kingdomes . in the sea of our saviours bloud drowne our sinnes , and through this red sea of our own bloud bring us at last to a state of piety , peace , and plenty . as my publique relations to all , make me share in all my subjects suff●rings ; so give me such a pious sense of them , as becomes a christian king , and a loving father of my people . let the scandalous and unjust reproaches cast upon me , be as a breath , more to kindle my compassion ; give me grace to heap charitable coles of fire upon their heads to melt them , whose malice or cruell zeale hath kindled , or hindred the quenching of those flames , which have so much wasted my three kingdomes . o resc●e and assist those poore protestants in ireland , whom thou hast hitherto preserved . and lead those in the waies of thy saving truths , whose ignorance or errours have filled them with rebelli●us and destrustive principles ; wh●ch they act under an opinion , that they do● thee good service . let the hand of thy justice be against those , who maliciously and despitefully have raised , or fomented those cruell and desperate warres . thou that art far from destroying the innocent with the guilty , and the erroneous with the malicious ; thou that hadst pity on niniveh for the many children that were therein , give not over the whole stock of that populous and seduced nation , to the wrath of those , whose covetousnesse makes them cruell ; nor to their anger , which is too fierce , and therefore justly cursed . preserve , if it be thy will , in the midst of the fornace of thy severe justice a posterity , which may praise thee for thy mercy . and deale with me , not according to mans unjust reproaches , but according to the innocency of my hands in thy sight . if i have desired , or delighted in the wofull day of my kingdomes calamities , if i have not earnestly studied , and faithfully endeavoured the preventing and composing of these bloudy distractions● then let thy hand be against me , and my fathers house . o lord , thou seest i have e●emies enough of men ; as i need not , so i should not dare thus to imprecate thy curse on me and mine , if my conscience did not witnesse my integrity , which thou o lord knowest right well ; but i trust not to my owne merit , but thy mercies● spare us o lord , and be not angry with us for ●ver● . vpon the calling in of the scots , and their comming . the scots are a nation , upon whom i have not onely common ties of nature , soveraignty , and bounty , with my father of blessed memory ; but also speciall and late obligations of favours , having gratified the active spirits among them so farre , that i seemed to many , to prefer the desires of that party , before my owne interest and honour . but , i see , royall bounty emboldens some men to aske , and act beyond all bounds of modesty and gratitude . my charity , and act of pacification , forbids me to reflect on former passages ; wherein i shall ever be farre from letting any mans ingratitude , or inconstancy , make me repent of what i granted them , for the publique good : i pray god it may so prove . the comming againe of that party into england , with an army , onely to conforme this church to their late new modell , cannot but seeme as unreasonable , as they would have thought the same measure offered from hence to themselves . other errand i could never understand , they had , ( besides those common and vulgar flourishes for religion and liberty ) save only to confirme the presbyterian copy they had set , by making this church to write after them , though it were in bloudy characters . which designe and end , whether it will justifie the use of such violent meanes , before the divine justice : i leave to their consciences to judge , who have already felt the misery of the meanes , but not reaped the benefit of the end , either in this kingdome , or that . such knots and crosnesse of grain being objected here , as will hardly suffer that forme which they cry up , as the only just reformation , and setling of government and discipline in churches , to go on so smoothly here , as it might doe in scotland ; and was by them imagined would have done in england , when so many of the english clergy , through levity , or discontent , if no worse passion , suddenly quitted their former engagements to episcopacy , and faced about to their presbytery . it cannot but seeme either passion , or some self-seeking , more then true zeal , and pious discretion , for any forraigne state or church to prescribe such medicines only for others , which themselves have used , rather successefully then commendably ; not considering that the same physick on different constitutions , will have different operations ; that may kill one , which doth but cure another . nor do i know any such tough and malignant humours in the constitution of the english church , which gentler applications then those of an army , might not easily have removed : nor is it so proper to hew out religious reformations by the sword , as to polish them by faire and equall disputations among those that are most concerned in the differences , whom not force , but reason ought to convince . but their design now , seemed rather to cut off all disputation here , then to procure a fair and equall one : for , it was concluded there , that the engl●sh clergy must conforme to the scots patterne before ever they could be heard , what they could say for themselves , or against the others way . i could have wished fairer proceedings both for their credits , who urge things with such violence ; and for other mens consciences too , who can receive little satisfaction in these points which are maintained rather by souldiers fighting in the field , than schollars disputing in free and learned synods . sure in matters of religion those truths gain most on mens judgements and consciences , which are least urged with secular violence , which weakens truth with prejudices ; and is unreasonable to be used , till such meanes of rationall conviction hath been applied , as leaving no excuse for ignorance , condemnes mens obstinacy to deserved penalties . which no charity will easily suspect of so many learned and pious church-men in england ; who being alwayes bred up , and conformable to the government of episcopacy , cannot so soon renounce both their former opinion and practise , only because that party of the scots will needs , by force assist a like party here , either to drive all ministers , as sheep into the common fold of presbytery , or destroy them ; at least fleece them , by depriving them of the benefit of their flocks . if the scotch sole presbytery were proved to be the only institution of jesus christ , for all churches government ; yet i believe it would be hard to prove that christ had given those scots , or any other of my subjects , commission by the sword to set it up in any of my kingdomes , without my consent . what respect and obedience christ and his apostles pay'd to the cheif governours of states , where they lived is very clear in the gospell ; but that he , or they ever commanded to set up such a parity of presbyters , and in such a way as those scots endeavour ; i think is not very disputable . if presbytery in such a supremacy be an institution of christ ; sure it differs from all others ; and is the first and only po●nt of christianity , that was to be planted and watered with so much christian bloud ; whose effusions run in a stream so contrary to that of the primitive planters , both of christianity and episcopacy , which was with patient shedding of their own bloud , not violent drawing o●her mens ; sure there is too much of man in it , to have much of christ , none of whose institutions were carried on , or begun with the temptations of covetousnesse or ambition ; of both which this is vehemently suspected . yet was there never any thing upon the point , which those scots had by army or commissioners to move me with , by their many solemne obtestations , and pious threatnings , but only this ; to represent to me the wonderfull necessity of setting up their presbyt●ry in england , to avoid the further miseries of a warre ; which some men cheifly on this designe at first had begun , and now further engaged themselves to continue . what hinders that any sects , schismes , or heresies , if they can get but numbers , strength and opportunity , may not , according to this op●nion and patterne , set up their wayes ●y the like methods of violence ? all which pre●bytery seekes to suppresse , and render odious under those names ; when wise and learned men think , that nothing hath more marks of schisme , and sectarisme , then this presbyterian way , both as to the ancient , and still most universall way of the church-government , and specially as to the particular lawes and constitutions of this english church , which are not yet repealed , nor are like to be for me , till i see more rationall and religious motives , then souldiers use to carry in their knapsacks . but we must leave the successe of all to god , who hath many wayes ( having first taken us off from the folly of our opinions , and fury of our passion ) to teach us those rules of true reason , and peaceable wisdome , which is from above , tending most to gods glory , & his churches good ; which i think my self so much the more bound in conscience to attend , with the most judicious zeal and ●are , by how much i esteem the church above the state , the glory of christ above mine own ; and the salvation of mens soules above the preservation of their bodies and estates . nor may any men , i think , without sinne and presumption , forcibly endeavour to cast the churches under my care and tuition , into the moulds they have fancied , and fashioned to their designes , till they have first gained my consent , and resolved , both my own and other mens consciences by the strength of their reasons . other violent motions , which are neither manly , christian , nor loyall , shall never either shake or settle my religion ; nor any mans else , who knowes what religion means : and how farre it is removed from all faction , whose proper engine is force ; the arbitrator of beasts , not of reasonable men , much lesse of humble christians , and loyall subjects , in matters of religion . but men are prone to have such high conce●ts of themselves , that they care not what cost they lay out upon their opinions ; especially those , that have some temptation of gain , to recompence their losses and hazards . yet i was not more scandalized at the scots armies comming in against my will , and their forfeiture of so many obligations of duty , and gratitude to me : then i wondered , how those here , could so much distrust gods assistance ; who so much pretended gods cause to the people , as if they had the certainty of some divine revelation ; considering they were more then competently furnished with my subjects armes and ammunition ; my navie by sea , my forts , castles , and cities by land. but i find , that men jealous of the justifiablenesse of their doings , and designes before god , never think they have humane strength enough to carry their worke on , seem it never so plausible to the people ; what cannot be justified in law or religion , had need be fortified with power . and yet such is the inconstancy that attends all minds engaged in violent motion , that whom some of them one while earnestly invite to come into their assistance ; others of them soone after are weary of , and with nauseating cast them out : what one party thought to rivet to a setledness by the strength and influence of the scots , that the other rejects and contemnes ; at once , despising the kirk government , and discipline of the scots , and frustrating the successe of so chargable , more then charitable assistance : for , sure the church of england might have purchased at a farre cheaper rate , the truth and happinesse of reformed government and discipline ( if it had been wanting ) though it had entertained the best div●nes of chr●stendome for their advice in a full and free synod ; which , i was ever willing to , and desirous of , that matters being impartially setled , might be more satisfactory to all , and more durable . but much of gods justice , and mans folly will at length be discovered , through all the filmes and pretensions of religion , in which politicians wrap up their designes ; in vaine do men hope to build their piety on the ruines of loyalty . nor can those considerations or designs be durable , when subjects make bankrupt of their allegiance , under pretence of setting up a quicker trade for religion . but , as my best subjects of scotland never deserted me , so i cannot think that the most are gone so far from me , in a prodigality of their love and respects toward me , as to make me to despaire of their returne ; when besides the bonds of nature and conscience , which they have to me , all reason and true policy will teach them , that their chiefest interest consists in their fidelity to the crowne , not in their serviceablenesse to any party of the people , to a neglect and betraying of my safety and honour for their owne advantages : however the lesse cause i have to trust to men , the more i shall apply my self to god. the troubles of my soule are enlarged , o lord , bring thou me out of my distresse . lord direct thy servant in the waies of that pious simplicity , which is the best policy . deliver me from the combined strength of those , who have so much of the serpents subtilty , that they forget the doves innocency . though hand joyne in hand , yet let them not prevaile against my soule , to the betraying of my conscience , and honour . thou , o lord , canst turne the hearts of those parties in both nations , as thou didst the men of judah and israel , to restore david with as much loyall zeale , as they did with inconstancy and eagernesse pursue him. preserve the love of thy truth and uprightnesse in me , and i shall not despaire of my subjects affections returning towards me. thou canst soone cause the overflowing seas to ebbe , and retire back again to the bounds which thou hast appointed for them . o my god , i trust in thee ; let me not be ashamed ; let not my enemies triumph over me. let them be ashamed who transgresse without a cause ; let them be turned back that persecute my soule . let integrity and uprightnesse preserve me , for i wait on thee o lord. redeeme thy church , o god , out of all its troubles . . vpon the covenant . the presbyterian scots are not to be hired at the ordinary rate of auxiliaries ; nothing will induce them to engage , till those that call them in , have pawned their soules to them , by a solemne league and covenant : where many engines of religious and faire pretensions are brought chiefly to batter , or rase episcopacy ; this they make the grand evill spirit , which , with some other imps purposely added , to make it more odious , and terrible to the vulgar , must by so solemne a charm & exorcism be cast out of this church , after more than a thousand yeares possession here , from the first plantation of christianity in this island , and an universall prescription of time and practise in all other churches since the apostles times till this last century . but no antiquity must plead for it , presbytery , like a young heyre , thinks the father hath lived long enough , and impatient not to be in the bishops chaire & authority ( though lay-men go away with the revenues ) all art is used to sink episcopacy , and lanch presbytery in england ; which was lately boyed up in scotland by the like artifice of a covenant . although i am unsatisfied with many passages in that covenant ( some referring to my selfe with very dubious and dangerous limitations ) yet i chiefly wonder at the designe and drift touching the discipline and government of the church ; and such a manner of carrying them on to new waies , by oaths & covenants , where it is hard for men to be engaged by no lesse , then swearing for , or against those things , which are of no cleare morall necessity ; but very disputable , and controverted among learned and godly men : whereto the application of oaths can hardly be made and enjoyned with that judgment , and certainty in ones selfe , or that charity and candour to others of different opinion , as i think religion requires , which never refuses faire and equable deliberations ; yea , and dissentings too , in matters onely probable . the enjoyning of oaths upon people must needs in things doubtfull be dangerous , as in things unlawfull , damnable● and no lesse superfluous , where former religious and legall engagements , bound men sufficiently , to all necessary duties . nor can i see how they will reconcile such an innovating oath and covenant , with that former protestation which was so lately taken , to maintaine the religion established in the church of england : since they count discipline so great a part of religion . but ambitious minds never think they have laid snares and ginnes enough to catch and hold the vulgar credulity : for by such politicke and seemingly pious stratagems , they think to keep the popularity fast to their parties under the terrour of perjury : whereas certainly all honest and wise men ever thought themselves sufficiently bound by former ties of religion , allegiance , and lawes , to god and man. nor can such after-contracts , devised and imposed by a few men in a declared party , without my consent , and without any like power or president from gods or mans laws , be ever thought by judicious men sufficient either to absolve or slacken those morall and eternall bonds of duty which lie upon all my subjects consciences both to god and me. yet as things now stand , good men shall least offend god or me , by keeping their covenant in honest and lawfull waies ; since i have the charity to think , that the chief end of the covenant in such mens intentions , was , to preserve religion in purity , and the kingdoms in peace : to other then such ends and meanes they cannot think themselves engaged ; nor will those , that have any true touches of conscience endeavour to carry on the best designes , ( much lesse such as are , and will be daily more apparently factious and ambitious ) by any unlawfull meanes , under that title of the covenant : unlesse they dare preferre ambiguous , dangerous and un-authorized novelties , before their knowne and sworne duties , which are indispensable , both to god and my selfe . i am prone to believe and hope , that many who took the covenant , are yet firme to this judgment , that such later vowes , oaths , or leagues , can never blot out those former gravings , and characters , which by just and lawfull oaths were made upon their soules . that which makes such confederations by way of solemn leagues & covenants more to be suspected , is , that they are the cōmon road , used in all factious & powerfull perturbations of state or church : when formalities of extraordinary zeal and piety are never more studied and elaborate , then , when politicians most agitate desperate designes against all that is setled , or sacred in religion , and laws , which by such s●rues are cunningly , yet forcibly wrested by secret steps , and lesse sensible degrees , from their known rule and wonted practise , to comply with the humours of those men , who ayme to subdue all to their owne will and power , under the disguises of holy combinations . which cords and wythes will hold mens consciences no longer , then force attend● and twists them : for every man soone growes his owne pope , and easily absolves himselfe of those ties , which , not the commands of gods word , or the lawes of the land , but onely the subtilty and terrour of a party casts upon him ; either superfluous and vaine , when they were sufficiently tied before ; or fraudulent and injurious , if by such after-ligaments they find the imposers really ayming to dissolve , or suspend their former , just , and necessary obligations . indeed , such illegall waies seldome , or never , intend the engaging men more to duties , but onely to parties ; therefore it is not regarded how they keep their covenants in point of piety pretended , provided they adhere firmly to the party and designe intended . i see the imposers of it are content to make their covenant like manna ( not that it came from heaven , as this did ) agreeable to every mans palate and relish , who will but swallow it : they admit any mens senses of it , the diverse or contrary ; with any salvoes , cautions , and reservations , so as they crosse not though chiefe designe which is laid against the church , and me. it is enough if they get but the reputation of a seeming encrease to their party ; so little doe men remember that god is not mocked . in such latitudes of sense , i believe many that love me , and the church well , may have taken the covenant , who yet are not so fondly and superstitiously taken by it , as now to act clearly against both all piety and loyalty : who first yeilded to it , more to prevent that imminent violence and ruine , which hung over their heads in case they wholly refused it , than for any value of it , or devotion to it . wherein , the latitude of some generall clauses may ( perhaps ) serve somewhat to relieve them , as of doing and endeavouring what lawfully they may , in their places and callings , and according to the word of god : for , these ( indeed ) carry no man beyond those bounds of good conscience , which are certaine and fixed , either in gods lawes , as to the generall ; or the lawes of the state and kingdome , as to the particular regulation and exercise of mens duties . i would to god such as glory most in the name of covenanters , would keep themselves within those lawfull bounds , to which god hath called them : surely it were the best way to expiate the rashnesse of taking it : which must needs then appeare , when besides the want of a full and lawfull authority at first to enjoyne it , it shall actually be carried on beyond and against those ends which were in it specified and pretended . i willingly forgive such mens taking the covenant , who kee● it within such bounds of piety , law , and loyalty , as can never hurt either the church , my self , or the publique peace : against which , no mans lawfull calling can engage him . as for that reformation of the church , which the covenant pretends , i cannot think it just or comely , that by the partiall advise of a few divines , ( of so soft and servile tempers , as disposed them to so sudden acting and compliance , contrary to their former judgments , profession , and practise ) such foule scandals and suspitions should be cast upon the doctrine and government of the church of england , as was never done ( that i have heard ) by any that deserved the name of reformed churches abroad , nor by any men of learning and candour at home : all whose judgments i cannot but prefer before any mens now factiously engaged . no man can be more forward than my self to carry on all due reformations , with mature judgement , and a good conscience , in what things i shall ( after impartiall advise ) be , by gods word , and right reason , convinced to be amisse , i have offered more than ever the fullest , freest , and w●sest parliaments did desire . but the sequele of some mens actions makes it evident , that the maine reformation intended , is the abasing of episcopacy into presbytery , and the robbing the church of its lands and revenues : for , no men have been more injuriously used , as to their legall rights than the bishops , and church-men . these , as the fattest deare , must be destroyed ; the other rascal-herd of schismes , heresies , &c. being leane , may enjoy the benefit of a toleration : thus naboth's vineyard made him the onely blasphemer of his city , and fit to die . still i see , while the breath of religion fills the sailes , profit is the compasse , by which factious men steer their course in all seditious commotions . i thank god , as no men lay more open to the sacrilegious temptation of usurping the churches lands , and revenues , ( which issuing chiefly from the crowne , are held of it , and legally can revert onely to the crowne with my consent ) so i have alwaies had such a perfect abhorrence of it in my soule , that i never found the least inclination to such sacrilegious reformings : yet no man hath a greater desire to have bishops and all church-men so reform●d , that they may best deserve and use , not onely what the pious munificence of my predecessours hath given to god and the church , but all other additions of christian bounty . but no necessity shall ever , i hope , drive me or mine to invade or sell the priests lands , which both pharaoh's divinity , and ioseph's true piety abhorred to doe : so unjust i think it both in the eye of reason and religion , to deprive the most sacred employment of all due incouragements ; and like that other hard-hearted pharaoh , to withdraw the straw , and encrease the taske ; so pursuing the oppressed church , as some have done , to the red sea of a civill warre , where nothing but a miracle can save either it , or him , who esteems it his greatest title to be called , and his chiefest glory to be the defender of the church , both in its true faith , and its just fruitions ; equally abhorring , sacriledge , and apostacy . i had rather live as my predecessour henry . sometime did , on the churches almes , then violently to take the bread out of bishops and ministers mouths . the next work will be ieroboam's reformation , consecrating the meanest of the people to be priests in israel , to serve those golden calves who have enriched themselves with the churches patrimony & dow●y ; which how it thrived both with prince , priests , & people , is well enough known : and so it will be here , when from the tuition of kings and queens , which have beene nursing fathers and mothers of this church , it shall be at their allowance , who have already discovered , what hard fathers , and stepmothers they will be . if the poverty of scotland might , yet the plenty of england cannot excuse the envy and rapine of the churches rights and revenues . i cannot so much as pray god to prevent those sad consequences , which will inevitably follow the parity and poverty of ministers , both in church and state ; since i think it no lesse than a mocking and tempting of god , to desire him to hinder those mischiefs whose occasions and remedies are in our owne power ; it being every mans sinne not to avoid the one , and not to use the other . there are waies enough to repaire the breaches of the state without the ruines of the church ; as i would be a restorer of the one , so i would not be an oppressour of the other , under the pretence of publique debts : the occasions contracting them were bad enough , but such a discharging of them would be much worse ; i pray god neither i , nor mine , may be accessary to either . to thee , o lord , doe i addresse my prayer , beseeching thee to pardon the rashnesse of my subjects swearings , and to quicken their sense and observation of those just , morall , and indispensable bonds , which thy word , and the lawes of this kingdome have laid upon their consciences ; from which no pretensions of piety and reformation are sufficient to absolve them , or to engage them to any contrary practises . make them at length seriously to consider , that nothing violent and injurious can be religious . thou allowest no mans committing sacriledge under the zeale of abhorring idols . suffer not sacrilegious designes to have the countenance of religious ties . thou hast taught us by the wisest of kings , that it is a snare to take things that are holy , and after vowes to make enquiry . ever keep thy servant from consenting to perjurious and sacrilegious rapines , that i may not have the brand and curse to all posterity of robbing thee and thy church , of what thy bounty hath given us , and thy clemency hath accepted from us , wherewith to encourage learning and religion . though my treasures are exhausted , my revenues diminished , and my debts encreased , yet never suffer me to be tempted to use such profane reparation● ; lest a coal from thine altar set such a fire on my throne and conscience as wil be hardly quenched . let not the debts and engagements of the publique , which some mens folly and prodigality hath contracted , be an occasion to impoverish thy church . the state may soone recover , by thy blessing of peace upon us ; the church is never likely , in times , where the charity of most men is growne so cold , and their religion so illiberall . continue to those that serve thee and thy church all those incouragements , which by the will of the pious donours , and the justice of the lawes are due unto them ; and give them grace to deserve and use them aright to thy glory , and the relief of the poore ; that thy priests may be cloathed with righteousnesse , and the poore may be satisfied with bread . let not holy things be given to swine ; nor the churches bread to dogs ; rather let them go about the city , grin like a dog , and grudge that they are not satisfied . let those sacred morsels , which some men have already by violence devoured never digest with them , nor theirs ; let them be as naboth's vineyard to ahab , gall in their mouths , rottennesse to their names , a moth to their families , and a sting to their consciences . break in sunder , o lord , all violent and sacrilegious confederations , to doe wickedly and injuriously . divide their hearts and tongues who have bandyed together against the church and state , that the folly of such may be manifest to all men , and proceed no further . but so favour my righteous dealing , o lord , that in the mercies of thee , the most high , i may never miscarry . . vpon the many iealousies raised , and scandals cast upon the king , to stirre up the people against him. if i had not my own innocency , and gods protection , it were hard for me to stand out against those stratagems & conflicts of malice , which by falsities seek to oppresse the truth ; and by jealousies to supply the defect of reall causes , which might seem to justifie so unjust engagements against me. and indeed , the worst effects of open hostility come short of these designes : for , i can more willingly loose my crownes , than my credit ; nor are my kingdomes so deare to me , as my reputation and honour . those must have a period with my life ; but the●e may survive to a glorious kind of immortality , when i am dead & gone : a good name being the embalming of princes , and a sweet consecrating of them to an eternity of love and gratitude among posterity . those soule and false aspersions were secret engines at first employed against my peoples love of me : that undermining their opinion and value of me , my enemies , and theirs too , might at once blow up their affections , and batter downe their loyaltie . wherein yet , i thanke god , the detriment of my honour is not so afflictive to me , as the ●in and danger of my peoples soules , whose eyes once blinded with such mists of suspicions , they are soone mis-led into the most desperate precipices of actions : wherein they doe not onely , not consider their sin and danger , but glory in their zealous adventures ; while i am rendred to them so fit to be destroyed , that many are ambitious to merit the name of my destroyers , imagining they then feare god most , when they least honour their king. i thanke god , i never found but my pity was above my anger ; no● have my passions ever so prevailed against me , as to exclude my most compassionate prayers for them , whom devout errours more than their own malice have betrayed to a most religious rebellion . i had the charity to interpret , that most part of my subjects fought against my ●upposed errours , not my person ; and intended to mend me , not to end me : and i hope that god pardoning their errours , hath so farre accepted and answered their good intentions , that as he hath yet preserved me , so he hath by these afflictions prepared me , both to doe him better service , and my people more good , than hitherto i have done . i doe not more willingly forgive their seductions , which occasioned their loyall injuries , then i am ambitious by all princely merits to redeem them from their unjust suspicions , and reward them for their good intentions . i am too conscious to my own affections toward the generality of my people , to suspect theirs to me ; nor shall the malice of my enemies ever be able to deprive me of the comfort , which that confidence gives me ; i shall never gratifie the spightfulnesse of a few with any sinister thoughts of all their allegiance , whom pious frauds have seduced . the worst some mens ambition can do , shall never perswade me , to make so bad interpretations of most of my subjects actions ; who possibly may be erroneous , but not hereticall in point of loyalty . the sense of the injuries done to my subjects is as sharp , as those done to my self ; our welfares being inseparable ; in this only they suffer more then my self , that they are animated by some seducers to injure at once both themselves and me. for this is not enough to the malice of my enemies , that i be afflicted ; but it must be done by such instruments , that my afflictions grieve me not more , then this doth , that i am afflicted by those , whose prosperity i earnestly desire , and whose seduction i heartily deplore . if they had been my open and forraigne enemies , i could have borne it ; but they must be my own subjects , who are next to my children , dear to me : and for the restoring of whose tranquillity , i could willingly be the ionah ; if i did not evidently foresee , that by the divided interests of their and mine enemies , as by contrary winds the storm of their miseries would be rather encreased then allayed . i had rather prevent my peoples ruine then rule over them ; nor am i so ambitious of that dominion which is but my right , as of their happinesse ; if it could expiate , or countervail such a way of obtaining it , by the highest injuries of subjects committed against their soveraign . yet i had rather suffer all the miseries of life , and die many deaths , then shamefully to desert , or dishonourably to betray my own just rights and soveraignty ; thereby to gratifie the ambition , or justifie the malice of my enemies ; between whose malice , & other mens mistakes , i put as great a difference , as between an ordinary ague and the plague ; or the itch of novelty , and the leprosie of disloyalty . as liars need have good memories , so malicious persons need good inventions ; that their calumnies may fit every mans fancy ; and what their reproaches want of truth , they may make up with number and shew . my patience ( i thank god ) will better serve me to bear , and my charity to forgive , then my leisure to answer the many false aspersions which some men have cast upon me. did i not more consider my subjects satisfaction , then my own vindication ; i should never have given the malice of some men that pleasure , as to see me take notice of , or remember what they say , or object . i would leave the authors to be punished by their own evill manners , and seared consciences , which will , i believe , in a shorter time then they be aware of , both confute and revenge all those black and false scandalls , which they have cast on me ; and make the world see , there is as little truth in them , as there was little worth in the broaching of them , or civility , ( i need not say loyalty ) in the not-suppressing of them ; whose credit and reputation , even with the people , shall ere long be quite blasted by the breath of that same fornace of popular obloquy , and detraction , which they have studied to heat and inflame to the highest degree of infamy , and wherein they have sought to cast and consume my name and honour . first , nothing gave me more cause to suspect , and search my own innoce●●y ; then when i observed so many forward to engage against me , who had made great professions of singular piety ; for this gave to vulgar mindes so bad a reflection upon me , and my cause , as if it had been impossible to adhere to me , and not withall part from god ; to think or speak well of me , and not to blaspheme him ; so many were perswaded that these two were utterly inconsistent , to be at once loyall to me , and truly religious toward god. not but that i had ( i thank god ) many with me , which were both learned and religious , ( much above that ordinary size , and that vulgar proportion , wherein some men glory so much ) who were so well satisfied in the cause of my sufferings , that they chose rather to suffer with me , then forsake me. nor is it strange that so religious pretensions as were used against me , should be to many well-minded men a great temptation to oppose me ; especially , being urged by such popular preachers , as think it no sin to lie for god , and what they please to call gods cause , cursing all that will not curse with them ; looking so much at , and crying up the goodnesse of the end propounded , that they consider not the lawfulnesse of the means used , nor the depth of the mischeif , chiefly plotted and inten●ed . the weakness of these mens judgments must be made up by their clamours and activity . it was a great part of some mens religion to scandalize me and mine , they thought theirs could not be true , if they cried not downe mine as false . i thank god , i have had more triall of his grace , as to the constancy of my religion in the protestant profession of the church of england , both abroad , and at home , than ever they are like to have . nor doe i know any exception , i am so liable to , in their opinion , as too great a fixednesse in that religion , whose judicious and solid grounds , both from scripture , and antiquity , will not give my conscience leave to approve or consent to those many dangerous and divided innovations , which the bold ignorance of some men would needs obtrude upon me , and my people . contrary to those well tried foundations both of truth , and order , which men of far greater learning , and clearer zeal , have setled in the confession and constitution of this church in england , which many former parliaments in the most calme , and unpassionate times , have oft confirmed ; in which i shall ever , by gods help , persevere , as believing it hath most of primitive truth and order . nor did my using the assistance of some papists , which were my subjects , any way fight against my religion , as some men would needs interpret it : especially those who least of all men cared whom they imployed , or what they said , and did , so they might prevaile . 't is strange that so wise men , as they would be esteemed , should not conceive , that differences of perswasion in matters of religion may easily fall out , where there is the samenesse of duty , allegiance , and subjection . the first they owne as men , and christians to god ; the second , they owe to me in common , as their king ; different professions in point of religion cannot ( any more than in civill trades ) take away the community of relations either to parents , or to princes : and where is there such an oglio or medley of various religions in the world again , as those men entertain in their service ( who find most fault with me ) without any scruple , as to the diversity o● their sects and opinions ? it was , indeed , a foule and indelible shame , for such as would be counted protestants , to enforce me , a declared protestant , their lord and king , to a necessary use of papists , or any other , who did but their duty to help me to defend my self . nor did i more than is lawfull for any king , in such exigents to use the aide of any his subjects . i am sorry the papists should have a greater sense of their allegiance , than many protestant professours ; who seem to have learned , and to practise the worst principles of the worst papists . indeed , it had been a very impertinent and unseasonable scruple in me , ( and very pleasing no doubt to my enemies ) to have been then disputing the points of different beliefs in my subjects when i was disputed with by swords points : and when i needed the help of my subjects as men , no lesse then their prayers as christians . the noise of my evill counsellours was another usefull device for those , who were impatient any mens counsels but their owne , should be followed in church or state ; who were so eager in giving me better counsell that they would not give me leave to take it with freedome , as a man ; or honour , as a king ; making their counsels more like a drench that must be powred downe , than a draught which might be fairly and leisurely dranke , if i liked it . i will not justifie beyond humane errours and frailties my selfe , or my counsellours● they m●ght be subject to some miscarriages , yet such as were farre more reparable by second and better thoughts , than those enormious extravagances , wherewith some men have now even wildred , and almost quite lost both church and state. the event of things at last will make it evident to my subjects , that had i followed the worst counsels , that my worst counsellours ever had the boldnesse to offer to me , or my self any inclination to use ; i could not so soon have brought both church and sta●e in three flourishing kingdomes , to such a chaos of confusions , and hell of miseries● as some have done ; out of which th●y cann●t● or will not in the midst of their many 〈◊〉 advantages , redeeme either me , or my subjects . no even were more willing to compl●in , than i was to redresse what i saw in reas●n was either done or advised am●●se ; and th●s i thought i had done , even beyond the expectation of moderate men : who were sorry to see me prone even to injure my self , out of a zeal to relieve my sub●ects . but other mens insatiable desire of revenge upon me , my court , and my clergy ; hath wholly beguiled both church and state , of the benefit of all my , either retractations , or concessions ; and withall , hath deprived all those ( now so zealous persecutors ) both of the comfort and reward of their former pretended persecutions , wherein they so much gloried among the vulgar ; and which , indeed , a truly humble christian will so highly prize , as rather not be relieved , then be revenged , so as to be bereaved of that crown of christian patience , which attends humble and injured sufferers . another artifice used to withdraw my peoples affections from me , to their designes , was , the noise and o●tentation of liberty , which men are not more prone to desire , then unapt to bear in the popular sense ; which is to doe what every man liketh best . if the divinest liberty be to will what men should , and to do what they so will , according to reason , lawes , and religion ; i envie not my subjects that liberty , which is all i de●ire to enjoy my self ; so farre am i from the desire of oppressi●● theirs : nor were those lords and gentlemen which assisted me so prodigall of their liberties , as with their lives and fortunes to help on the enslaving of themselves and their posterities . as to civill immunities , none but such as desire to drive on their ambitious and covetous designes over the ruines of church and state , prince , peeres , and people , will ever desire greater freedomes then the lawes allow ; whose bounds good men count their ornament and protection ; others their menacles and oppression . nor is it just any man should expect the reward and benefit of the law , who despiseth his rule and direction ; losing justly his safety while he seekes an unreasonable liberty . time will best informe my subjects , that those are the best preservers of their true liberties , who allow themselves the least licentiousnesse against , or beyond the lawes . they will feel it at last to their cost , that it is impossible those men should be really tender of their fellow-subjects liberties , who have the hardinesse to use their king with so severe restraints ; against all lawes , both divine and humane , under which , yet , i will rather perish , then complain to those , who want nothing to compleat their mirth , and triumph , but such musick . in point of true conscientious tendernesse ( attended with humility and meeknesse , not with proud and arrogant activity , which seekes to hatch every egge of different opinion to a faction or schisme ) i have oft declared , how little i desire my lawes and scepter should intrench on gods soveraignty , which is the only king of mens consciences ; and yet he hath laid such restraints upon men , as commands them to be subject for conscience sake , giving no men l●berty to break the law established , further then with meeknesse and patience , they are content to suffer the penalties annexed , rather then perturb the publick peace . the truth is , some mens thirst after novelties , others despair to relieve the necessities of their fortunes , or satisfie their ambition , in peaceable times , ( distrusting gods providence , as well as their own merits ) were the secret ( but principall ) impulsives to these popular commotions , by wh●ch subjects have been perswaded to expend much of those plentifull estates they got , and enjoyed under my government , in peaceable times ; which yet must now be blasted with all the odious reproaches , which impotent malice can invent ; and my self exposed to all those contempts , which may most diminish the majesty of a king , and encrease the ungratefull insolencies of my people . for mine honour , i am well assured , that as mine innocency is clear before god , in point of any calumnies they object ; so my reputation shall like the sun ( after owles and bats have had their freedome in the night and darker times ) rise and recover it self to such a degree of splendour , as those ferall birds shall be grieved to behold , and unable to bear . for never were any princes more glorious , than those whom god hath suffer'd to be tried in the fornace of afflictions , by their injurious subjects . and who knows but the just and mercifull god will doe me good , for some mens hard , false , and evill speeches against me ; wherein they speak rather what they wish , than what they believe , or know . nor can i suffer so much in point of honour , by those rude and scandalous pamphlets ( which like fire in great conflagrations , flie up and downe to set all places on like flames ) than those men doe , who pretending to so much piety , are so forgetfull of their duty to god and me : by no way ever vindicating the majesty of their king against any of those , who contrary to the precept of god , and precedent of angels● speake evill of dignities , and bring railing accusations against those , who are honoured with the name of gods. but 't is no wonder if men not fearing god , should not honour their king . they will easily contemne such shadowes of god , who reverence not that supreme , and adorable majesty , in compar●son of whom all the glory of men and angels is but obscurity ; yet hath he graven such characters of divine authority , and sacred power upon kings , as none may without sinne seek to blot them out . no●●hall their black veiles be able to hide the sh●ning of my face , while god gives me a heart frequently and humbly to converse with him , from whom alone are all the traditions of true glory and majesty . thou , o lord , knowest my reproach , and my dishonour , my adversaries are all before thee . my soule is among lyons , among them that are set on fire , even the sons of men ; whose teeth are spears and arrows ; their tongue a sharp sword . mine enemies reproach me all the day long , and those that are mad against me are sworne together . o my god , how long shall the sonnes of men turne my glory into shame ? how long shall they love vanity , and seek after lies ? thou hast heard the reproaches of wicked men on every side . hold not thy peace , lest my e●emies prevaile against me , and lay mine honour in the dust . thou , o lord , shalt destroy them that speak l●es ; the lord will abhorre both the bloud-thirsty , and deceitfull men . make my righteousnesse to appeare as the light , and mine innocency to shine forth as the sun at noone day . suffer not my silence to betray mine innocence , ●or my displeasure , my patience ; that after my saviours example , being reviled , i may not revile againe ; and being cursed by them , ● may blesse them . thou that wouldst not suffer shimei's tongue to go unpunished ; when by thy judgements on david he might seem to justi●●e his disdainfull reproaches , give me grace to intercede with thy mercy for these my enemies , that the reward of false and lying tongues , even hot burning coals of eternall fire , may not be brought upon them . let my prayers , and patience , be as water to coole and quench their tongues , who are already set on fire with the fire of hell , and tormented with those malicious flames . let me be happy to refute , and put to silence their evill-speaking by well-doing ; and let them enjoy not the fruit of their lips , but of my prayer for their repentance , and thy pardon . teach me davids patience and hezekiah's devotion , that i may look to thy mercy through mans malice , and see thy justice in their sin . let sheba's seditious speeches , rabshekah's railing , and shimei's cursing , provoke , as my humble prayer to thee , so thy renewed blessing toward me . though they curse , doe thou blesse , and i shall be blessed ; and made a blessing to my people . that the stone , which some builders refuse , may become the head-stone of the corner . looke downe from heaven , and save me , from the reproach of them that would swallow me up . hide me in the secret of thy presence , from the prid● of man , and keep me from the strife of tongues . . vpon the ordinance against the commo● prayer-booke . it is no news to have all innovations ushered in with the name of reformations in church and state , by those , who seeking to gaine reputation with the vulgar for their extraordinary parts , and piety , must needs undoe whatever was formerly setled never so well and wisely . so hardly can the pride of those that study novelties , allow former times any share or degree of wisdome or godlinesse . and because matter of prayer and devotion to god justly beares a great part in religion , ( being the soules more immediate converse with the divine majesty ) nothing could be more plausible to the people than to tel them , they served god amisse in that point . hence our publique liturgy , or formes of constant prayers must be ( not amended , in what upon free and publique advice might seem to sober men inconvenient for matter or manner , to which i should easily consent , but ) wholly cashiered , and abolished , and after many popular contempts offered to the booke , and those that used it according to their consciences , and the lawes in force , it must be crucified by an ordinance , the better to please either those men , who gloried in their extemporary veyne and fluency : 〈◊〉 others , who conscious to their owne formality in the use of it , thought they fully expiated their sin of not using it aright , by laying all the blame upon it , & a totall rejection of it as a dead letter , thereby to excuse the deadnesse of their hearts . as for the matter contained in the booke , sober and learned men have sufficiently vindicated it against the cavils and exceptions of those , who thought it a part of piety to make what pro●ane objections they could against it ; especially for popery & superstition ; whereas no doubt the liturgy was exactly conformed to the doctrine of the church of england ; and this by all reformed churches is confessed to be most sound and orthodox . for the manner of using set and prescribed formes , there is no doubt but that wholsome words being knowne and fitted to mens understandings , are soonest received into their hearts , and aptest to excite and carry along with them judicious and fervent affections . nor doe i see any reason why christians should be weary of a wel-composed liturgy ( as i hold this to be ) more than of all other things , wherein the constancy abates nothing of the excellency and usefulnesse . i could never see any reason , why any christian should abhorre , or be forbidden to use the ●ame formes of prayer , since he praies to the same god , b●lieves in the same saviour , professeth the same truths , reads the same scriptures , hath the same duties upon him , and feels the same daily wants for the most part , both inward and outward , which are common to the whole church . sure we may as wel before-hand know what we pray , as to whom we pray ; and in what words , as to what sense ; when we desire the same things , what hinders we may not use the same words ? our appetite and disgestion too may be good when we use , as we pray for , our daily bread . some men , i heare , are so impatient not to use in all their devotions their owne invention , and gifts , that they not onely disuse ( as too many ) but wholly cast away and contemn the lords prayer ; whose great guilt is , that it is the warrant and originall patterne of all set liturgies , in the christian church . i ever thought that the proud ostentation of mens abilities for invention , and the vaine affectations of variety for expressions , in publique prayer , or any sacred administrations , merits a greater brand of sin , than that which they call coldnesse and barrennesse : nor are men in those novelties lesse subject to formall and superficiall tempers ( as to their hearts ) than in the use of constant formes , where not the words , but mens hearts are too blame . i make no doubt but a man may be very formall in the most extemporary variety ; and very fervently devout in the most wonted expressions : nor is god more a god of variety , than of constancy : nor are constant formes of prayers more likely to flat , and hinder the spirit of prayer , and devotion , than un-premeditated and confused variety to distract , and lose it . though i am not against a grave , modest , discreet , and humble use of ministers gifts , even in publique , the better to fit , and excite their owne , and the peoples affections to the present occasions ; yet i know no necessity why private and single abilities should quite justle ou● , and deprive the church of the joynt abilities and concurrent gifts of many learned and godly men ; such as the composers of the service-booke were ; who may in all reason be thought to have more of gifts and graces enabling them to compose with serious deliberation & concurrent advise , such forms of prayers , as may best fit the churches common wants , informe the hearers understanding , and stirre up that fiduciary and fervent application of their spirits ( wherein consists the very life and soule of prayer , and that so much pretended spirit of prayer ) than any private man by his solitary abilities can be presumed to have ; which , what they are many times ( even there , where they make a great noise and shew ) the affectations , emptinesse , impertinency , rudenesse , confusions , flatnesse , levity , obscurity , vain , and ridiculous repetitions , the senslesse , and oft-times blasphemous expressions ; all these burthened with a most tedious and intolerable length , do sufficiently convince all men , but those who glory in that pharisaick way . wherein men must be strangely impudent , & flatterers of themselves , not to have an infinite shame of what they so do and say , in things of so sacred a nature , before god and the church , after so ridiculous , and indeed , profane a manner . nor can it expected , but that in duties of frequent performance , as sacramentall administrations , and the like , which are still the same ; ministers must either come to use their own formes constantly , which are not like to be so sound , or comprehensive of the nature of the duty , as formes of publick composure ; or else they must every time affect new expressions when the subject is the same ; which can hardly be presumed in any mans greatest sufficiencies not to want ( many times ) much of that compleatnesse , order , and gravity , becomming those duties ; which by this means are exposed at every celebration to every ministers private infirmities , indispositions , errours , disorders , and defects , both for judgment and expression . a serious sense of which inconvenience in the church unavoidably following every mans severall manner of officiating , no doubt , first occasioned the wisdome and piety of the ancient churches , to remedy those mischiefs , by the use of constant liturgies of publick composure . the want of which i believe this church will sufficiently feel , when the unhappy fruits of many mens un-governed ignorance , and confident defects , shall be discovered in more errours , schimes , disorders , and uncharitable distractions in religion , which are already but too many , the more is the pity . however , if violence must needs bring in , and abett those innovations , ( that men may not seeme to have nothing to do ) which law , reason , and religion forbids , at least to be so obtruded , as wholly to justle out the publick liturgie . yet nothing can excuse that most unjust and partiall severity of those men , who either lately had subscribed to , used and maintained the service-book ; or refused to use it , cried out of the rigour of lawes and bishops , which suffered them not to use the liberty of their consciences , in not using it . that these men ( i say ) should so suddenly change the lyturgie into a directory , as if the spirit needed help for invention , though not for expressions ; or as if matter prescribed did not as much stint and obstruct the spirit , as if it were cloathed in , and confined to , fit words : ( so slight and easie is that legerdemain which will serve to delude the vulgar . ) that further , they should use such severity as not to suffer without penalty , any to use the common-prayer-book publickly , although their consciences bind them to it , as a duty of piety to god , and obedience to the lawes . thus i see , no men are prone to be greater tyrants , and more rigorous exacters upon others to conform to their illegall novelties , then such , whose pride was formerly least disposed to the obedience of lawfull constitutions ; and whose licentious humours most pretended conscientious liberties , which free●dome , with much regret they now allow to me , and my chaplains , when they may have leave to serve me , whose abilities , even in their ex●emporary way comes not short of the others , but their modesty and learning far exceeds the most of them . but this matter is of so popular a nature , as some men knew it would not bear learned and sober debates , lest being convinced by the evidence of reason , as well as lawes , they should have been driven either to sin more against their knowledge , by taking away the liturgie ; or to displease some faction of the people by continuing the use of it . though i beleeve they have offended more considerable men , not onely for their numbers and estates , but for their weighty and judicious piety , than those are , whose weaknesse or giddinesse they sought to gratifie by taking it away . one of the greatest faults some men found with the common-prayer-book , i beleeve , was this , that it taught them to pray so oft for me ; to which petitions they had not loyaltie enough to say amen , nor yet charity enough to forbeare reproaches , and even cursings of me in their owne formes , instead of praying for me. i wish their repentance may be their onely punishment ; that seeing the mischiefs which the disuse of publique liturgies hath already produced , they may restore that credit , use , and reverence to them , which by the ancient churches were given to set formes of sound and wholsome words . and thou , o lord , which art the same god , blessed for ever : whose mercies are full of variety , and yet of constancy ; thou deniest us not a new and fresh sense of our old and daily wants ; nor despisest renewed affections joyned to constant expressions . let us not want the benefit of thy churches united and wel-advised devotions . let the matters of our prayers be agreeable to thy will , which is alwaies the same , and the fervency of our spirits to the motions of thy holy spirit in us . and then we doubt not , but thy spirituall perfections are such , as thou art neither to be pleased with affected novelties for matter or manner , nor offended with the pious constancy of our petitions in them both . whose variety or constancy thou hast no where either forbidden or commanded , but left them to the piety and prudence of thy church , that both may be used , neither despised . keep men in that pious moderation of their judgments in matters of religion ; that their ignorance may not offend others , nor their opinion of their owne abilities tempt them to deprive others of what they may lawfully and devoutly use , to help their infirmities . and since the advantage of errour consists in novelty and variety , as truths in unity and constancy : suffer not thy church to be pestered with errours , and deformed with undecencies in thy service , under the pretence of variety and novelty . nor to be deprived of truth , unity , and order , under this fallacy , that constancy is the cause of formality . lord keep us from formall hypocrisie in our owne hearts , and then we know that praying to thee , or praising of thee ( with david , and other holy men ) in the same formes cannot hurt us . give us wisdome to amend what is amisse within us , and there will be lesse to mend without us . evermore defend and deliver thy church from the effects of blind zeale , and over-bold devotion . . of the differences between the king and the two houses , in point of church-government . touching the government of the church by bishops , the common jealousie hath been , that i am earnest and resolute to maintaine it , not so much out of piety , as policy , and reason of state. wherein so far indeed reason of state doth induce me to approve that government above any other , as i find it impossible for a prince to preserve the state in quiet , unlesse he hath such an influence upon church-men ; and they such a dependance on him , as may best restraine the seditious exorbitancies of ministers tongues ; who with the keyes of heaven have so farre the keys of the peoples hearts , as they prevaile much by their oratory to let in , or shut out , both peace and loyalty . so that i being ( as king ) intrusted by god , and the lawes , with the good both of church and state ; i see no reason i should give up , or weaken by any change , that power and influence which in right and reason i ought to have over both . the moving bishops out of the house of peers ( of which i have elswhere given an account ) was sufficient to take off any suspicion , that i encline to them for any use to be made of their votes in state affaires : though indeed i never thought any bishop worthy to sit in that house , who would not vote according to his conscience . i must now in charity be thought desirous to preserve that government in its right constitution , as a matter of religion ; wherein both my judgment is fully satisfied , that it hath of all other the fullest scripture grounds , and also the constant practise of all christian churches ; till of late yeares , the tumultuarinesse of people , or the factiousnesse and pride of presbyters , or the covetousnesse of some states and princes , gave occasion to some mens wits to invent new models , and propose them under specious titles of christs government , scepter , and kingdome ; the better to serve their turns , to whom the change was beneficiall . they must give me leave , having none of their temptations to invite me to alter the government of bishops , ( that i may have a title to their estates ) not to believe their pretended grounds to any new waies : contrary to the full , and constant testimony of all histories , sufficiently convincing unbiased men ; that as the primitive churches were undoubtedly governed by the apostles and their immediate successours the first and best bishops ; so it cannot in reason or charity be supposed , that all churches in the world should either be ignorant of the rule by them prescribed , or so soon deviate from their divine and holy patterne : that since the first age , for years not one example can be produced of any setled church , wherein were many ministers and congregations , which had not some bishop above them , under whose jurisdiction and government they were . whose constant and universall practise agreeing with so large , and evident scripture-directions , and examples , are set down in the epistles to timothy and titus , for the setling of that government , not in the persons onely of timothy and titus , but in the succession ; ( the want of government being that , which the church can no more dispense with , in point of wel-being , than the want of the word and sacraments , in point of being . ) i wonder how men came to looke with so envious an eye upon bishops power and authority , as to oversee both the ecclesiasticall use of them , and apostolicall constitution : which to me seems no lesse evidently set forth as to the maine scope and designe of those epistles , for the setling of a peculiar office , power , and authority in them as president-bishops above others , in point of ordination , censures , and other acts of ecclesiasticall discipline ; then those shorter characters of the qualities and duties of presbyter-bishops , and deacons , are described in some parts of the same epistles ; who in the latitude and community of the name were then , and may now not improperly be call'd bishops ; as to the oversight and care of single congregations , committed to them by the apostles , or those apostolicall bishops , who ( as timothy and titus ) succeeded them in that ordinary power , there assigned over larger divisions , in which were many presbyters . the humility of those first bishops avoiding the eminent title of apostles , as a name in the churches stile appropriated from its common notion ( of a messenger , or one sent ) to that speciall dignity which had extraordinary call , mission , gifts , and power immediately from christ : they contented themselves with the ordinary titles of bishops and presbyters , untill use , ( the great arbitrator of words , and master of language ) finding reason to distinguish by a peculiar name those persons , whose power and office were indeed distinct from , and above all other in the church , as succeeding the apostles in the ordinary and constant power of governing the churches , the honour of ( whose name they moderately , yet commendably declined ) all christian churches ( submitting to that speciall authority ) appropriated also the name of bishop , without any suspicion or reproach of arrogancy , to those , who were by apostolicall propagation rightly descended & invested into that highest and largest power of governing even the most pure and primitive churches : which , without all doubt had many such holy bishops , after the pattern of timothy and titus ; whose speciall power is not more clearly set down in those epistles ( the chief grounds and limits of all episcopall claime , as from divine right ) then are the characters of these perilous times , and those men that make them such ; who not enduring sound doctrine , and cleare testimonies of all churches practise , are most perverse disputers , and proud usurpers , against true episcopacy : who , if they be not traytours and boasters , yet they seem to be very covetous , heady , high-minded ; inordinate and fierce , lovers of themselves , having much of the forme , little of the power of godlinesse . who , by popular heaps of weak , light , and unlearned teachers , seek to over-lay and smother the pregnancy & authority of that power of episcopall government , which , beyond all equivocation and vulgar fallacy of names , is most convincingly set forth , both by scripture , and all after histories of the church . this i write rather like a divine , than a prince , that posterity may see ( if ever these papers be publique ) that i had faire grounds both from scripture-canons , & ecclesiastical examples , whereon my judgement was stated for episcopall government . nor was it any policy of state , or obstinacy of will , or partiality of affection , either to the men , or their function which fixed me : who cannot in point of worldly respects be so considerable to me as to recompence the injuries and losses i , and my dearest relations with my kingdomes have sustained , and hazarded , chiefly at first upon this quarrell . and not onely in religion , of which , scripture is the best rule , and the churches universall practise the best commentary , but also in right reason , and the true nature of government , it cannot be thought that an orderly subordination among presbyters , or ministers , should be any more against christianity , then it is in all secular and civill governments , where parity breeds confusion and faction● i can no more beleeve , that such order is inconsistent with true religion , then good features are with beauty , or numbers with harmony . nor is it likely that god , who appointed severall orders , & a prelacie , in the government of his church , among the jewish priests , should abhor or forbid them among christian ministers ; who have as much of the principles of schisme and division as other men ; for preventing and suppressing of which , the apostolicall wisdome ( which was divine ) after that christians were multiplied so many congregations , and presbyters with them , appointed this way of government , which might best preserve order and union w●th authority . so that i conceive it was not the favour of princes , or ambition of presbyters , but th● wisdome and piety of the apostles , that first setled bishops in the church ; which authority they constantly used , and injoyed in those times , which were purest for religion , though sharpest for persecution . not that i am against the managing of this presidency and authority in one man , by the joynt counsell and consent of many presbyters : i have offered to restore that , as a fit meanes to avoid those errours , corruptions , and partialities , which are incident to any one man ; also to avoid tyranny , which becomes no christians , least of all church-men ; be●ides , it will be a meanes to take away that burden , and odium of affaires , which may lie too heavy on one mans shoulders , as indeed i think it formerly did on the bishops here . nor can i see what can be more agreeable both to reason and religion , then such a frame of government which is paternall , not magisteriall ; and wherein not only the necessity of avoiding faction and confusion , emulations and contempts , which are prone to arise among equals in power and function ; but also the differences of some ministers gifts , and aptitudes for government above others , doth invite to imploy them , in reference to those abilities , wherein they are eminent . nor is this judgement of mine touching episcopacy , any pre-occupation of opinion , which will not admit any oppositions against it : it is well known i have endeavoured to satisfie my self in what the chief patrons for other wayes can say against this , or for theirs : and i find they have , as farre lesse of scripture grounds , and of reason ; so for examples , and practice of the church , or testimonies of histories , they are wholly destitute , wherein the whole stream runs so for episcopacy , that there is not the least rivulet for any others . as for those obtruded examples of some late reformed churches , ( for many retain bishops still ) whom necessity of times and affaires rather excuseth , then commendeth for their inconformity to all antiquity ; i could never see any reason why churches orderly reformed and governed by bishops should be forced to conform to those few , rather then to the catholick example of all ancient churches , which needed no reformation : and to those churches at this day , who governed by bishops in all the christian world , are many more then presbyterians or independents can pretend to be ; all whom the churches in my three kingdomes lately governed by bishops , would equalize ( i think ) if not exceed . nor is it any point of wisdom or charity , where christians differ , ( as many do in some points ) there to widen the differences , and at once to give all the christian world ( except a handfull of some protestants ) so great a scandall in point of church-government ; whom , though you may convince of their errrours in some points of doctrine , yet you shall never perswade them , that to compleat their reformation , they must necessarily desert , and wholly cast off that government , which they , and all before them have ever owned as catholick , primitive , and apostolicall : so far , that never schismaticks , nor hereticks ( except those arians ) have strayed from the unity , and conformity of the church in that point ; ever having bishops above presbyters . besides , the late generall approbation and submission to this government of bishops , by the clergy , as well as the laity of these kingdomes , is a great confirmation of my judgment ; and their inconstancy is a great prejudice against their novelty ; i cannot in charity so far doubt of their learning or integrity , as if they understood not what heretofore they did ; or that they did conform contrary to their consciences ; so that their facility and levity is never to be excused , who , before ever the point of church-government had any free & impartiall debate , contrary to their former oathes and practice , against their obedience to the lawes in force , and against my consent , have not only quite cryed down the government by bishops ; but have approved and incouraged the violent and most illegall stripping all the bishops , and many other church-men , of all their due authority and revenues , even to the selling away , and utter alienation of those church-lands from any ecclesiasticall uses : so great a power hath the stream of times , and the prevalency of parties over some mens judgements ; of whose so sudden and so totall change , little reason can be given , besides the scots army comming into england . but the folly of these men will at last punish it self , and the desertors of episcopacy will appeare the greatest enemies to , and betrayers of their owne interest : for presbytery is never so considerable or effectuall , as when it is joyned to , and crowned with episcopacy . all ministers wil find as great a difference in po●nt of thriving , between the favour of the people , and of princes , as plants doe between being watered by hand , or by the sweet and liberall dews of heaven . the tenuity and contempt of clegy-men will soone let them see , what a poore carcasse they are , when parted from the influence of that head , to whose supremacy they have been sworne . a little moderation might have prevented great mischiefs ; i am firme to primitive episcopacy , not to have it extirpated , ( if i can hinder it . ) discretion without passion might easily reforme , whatever the rust of times , or indulgence of laws , or corruption of manners have brought upon it . it being a grosse vulgar errour to impute to , or revenge upon the function , the faults of times , or persons ; which seditious and popular principle , and practise , all wise men abhorre . for those secular additaments and ornaments of authority , civill honour and estate , which my predecessours , and christian princes in all countries have annexed to bishops and church-men ; i look upon them , but as just rewards of their learning , and piety , who are fit to be in any degree of church-government ; also enablements to works of charity , & hospitality , meet strengthenings of their authority in point of respect , and observance ; which in peacefull times is hardly payed to any governours by the measure of their vertues , so much , as by that of their estates ; poverty and meannesse exposing them and their authority to the contempt of licentious minds , and manners , which persecuting times much restrained . i would have such men bishops , as are most worthy of those incouragements , and best able to use them : if at any time my judgment of men failed my good intention made my errour veniall : and some bishops , i am sure , i had , whose learning , gravity , and piety , no men of any worth or forehead can deny : but , of all men , i would have church-men , especially the governours to be redeemed from that vulgar neglect ; which ( besides an innate principle of vitious opposition , which is in all men against those that seem to reprove , or restraine them ) will necessarily follow both the presbyterian parity , which makes all ministers equall ; and the independent inferiority , which sets their pastors below the people . this for my judgment touching episcopacy , wherein ( god knows ) i doe not gratifie any designe or passion with the least perverting of truth . and now i appeale to god above , and all the christian world , whether it be just for subjects , or pious for christians , by violence , and infinite indignities , with servile restraints to seek to force me their king and soveraigne , as some men have endeavoured to doe , against all these grounds of my judgment , to consent to their weak and divided novelties . the greatest pretender of them desires not more than i doe , that the church should be governed , as christ hath appointed , in true reason , and in scripture ; of which , i could never see any probable shew for any other waies : who either content themselves with the examples of some churches in their infancy & solitude ; when one presbyter might serve one congregation , in a city or countrey ; or else they deny these most evident truths , that the apostles were bishops over those presbyters they ordained , as well as over the churches they planted ; and that , government being necessary for the churches wel-being , when multiplied and sociated , must also necessarily descend from the apostles to others , after the example of that power and superiority , they had above others ; which could not end with their persons ; since the use and ends of such government still continue . it is most sure , that the purest primitive and best churches flourished under episcopacy ; and may so still , if ignorance , superstition , avarice , revenge , and other disorderly and disloyall passions had not so blowne up some mens minds against it , that what they want of reasons or primitive patterns , they supply with violence and oppression ; wherein some mens zeale for bishops lands , houses , and revenues hath set them on worke to eate up episcopacy : which ( however other men esteem ) to me is no lesse sin , than sacriledge ; or a robbery of god ( the giver of all we have ) of that portion which devout mindes have thankfully given againe to him , in giving it to his church and prophets ; through whose hands he graciously accepts even a cup of cold water , as a libation offered to himselfe . furthermore , as to my particular engagement above other men , by an oath agreeable to my judgement , i am solemnly obliged to preserve that government , and the rights of the church . were i convinced of the unlawfullnesse of the function , as antichristian , ( which some men boldly , but weakly calumniate ) i could soone , with judgment , break that oath , which erroneously was taken by me. but being daily by the best disquisition of truth , more confirmed in the reason and religion of that , to which i am sworn ; how can any man that wisheth not my damnation , perswade me at once to so notorious and combined sins , of sacriledge and perjury ? besides the many personall injustices i must doe to many worthy men , who are as legally invested in their estates , as any , who seek to deprive them ; and they have by no law , been convicted of those crimes , which might forfeit their estates and lively-hoods . i have oft wondred how men pretending to tendernesse of conscience , and reformation , can at once tell me , that my coronation oath binds me to consent to whatsoever they shall propound to me , ( which they urge with such violence ) though contrary to all that rationall and religious freedome which every man ought to preserve ; & of which they seem so tender in their own votes ; yet at the same time these men will needs perswade me , that i must , and ought to dispence with , and roundly break that part of my oath , which binds me agreeable to the best light of reason and religion i have ) to maintain the government , and legall rights of the church . 't is strange my lot should be valid in that part , which both my self , and all men in their own case , esteem injurious & unreasonable , as being against the very naturall and essentiall liberty of our soules ; yet it should be invalid , and to be broken in another clause , wherein i think my selfe justly obliged , both to god and man. yet upon this rack chiefly have i been held so long , by some mens ambitious covetousnesse , and sacrilegious cruelty ; torturing ( with me ) both church and state , in civill distentions ; till i shall be forced to consent , and declare that i doe approve , what ( god knowes ) i utterly dislike , and in my soul abhor ; as many wayes highly against reason , justice , and religion : and whereto , if i should shamefully , and di●honourably give my consent ; yet should i not by so doing , satisfie the d●vided interests and opinions of those parties , which contend with each other , as well as both against me and epi●copacy . nor can my late condescending to the scots in point of church-government , be rightly objected against me , as an inducement for me , to consent to the like in my other kingdoms , for it should be considered that episcopacy was not so rooted and setled there , as 't is here ; nor i ( in that respect ) so strictly bound to continue it in that kingdom as in this ; for what i think in my judgment best , i may not think so absolutely necessary for all places , & at all times . if any shall impute my yeilding to them , as my failing and sin , i can easily acknowledge it ; but that is no argument to do so again , or much worse ; i being now more convinced in that point : nor indeed hath my yeilding to them been so happy and successefull as to incourage me to grant the like to others . did i see any thing more of christ , as to meeknesse , justice , or●er , charity , and loyalty in those that pretend to other modes of government , i might suspect my judgment to be biassed , or fore●stalled with some prejudice and wontednesse of opinion ; but i have hitherto so much cause to suspect the contrary in the manners of many of those men , that i cannot from them gain the least reputation for their new wayes of government . nor can i find that in any reformed churches ( whose paternes are so cryed up , and obtruded upon the churches under my dominion ) that e●ther learning , or religion , workes of p●ety or charity , have so flourished beyond what they have done in my kingdomes ( by gods blessing ) which might make me believe either presbytery or independency have a more benigne influence upon the church and mens hearts and lives , than episcopacy in its right constitution . the abuses of which , deserve to be extirpated , as much as the use retained ; for i think it farre better to hold to primitive and uniforme antiquity , than to comply with divided novelty . a right episcopacy would at once satisfie all just desires and interests of good bishops , humble presbyters , and sober people ; so as church affaires should be managed neither with tyrannie , parity , nor popularity ; neither bishops ejected , nor presbyters despised , nor people oppressed . and in this integrity both of my judgment and conscience , i hope god will preserve me. for thou , o lord , knowest my uprightnesse , and tendernesse , as thou hast set me to be a defender of the faith , and a protectour of thy church , so suffer me not by any violence , to be overborne against my conscience . arise o lord , maintaine thine owne cause , let not thy church be deformed , as to that government , which derived from thy apostles , hath been retained in purest and primitive times , till the revenues of the church became the object of secular envy ; which seeks to rob it of all the incouragements of learning and religion . make me , as the good samaritan , compassionate , and helpfull to thy afflicted church ; which some men have wounded and robbed ; others passe by without regard , either to pity , or relieve . as my power is from thee , so give me grace to use it for thee . and though i am not suffered to be master of my other rights as a king , yet preserve me in that liberty of reason , love of religion , and thy churches welfare , which are fixed in my conscience as a christian. preserve , from sacrilegious invasions , those temporall blessings , which thy providence hath bestowed on thy church for thy glory . forgive their sinnes and errours , who have deserved thy just permission , thus to let in the wild boare , and subtill foxes , to wast and deform thy vineyard , which thy right hand hath planted , and the dew of heaven so long watered to a happy and flourishing estate . o let me not beare the infamous brand to all posterity of being the first christian king in this kingdome , who should consent to the oppression of thy church , and the fathers of it ; whose errours i would rather , with constantine , cover with silence , and reforme with meeknesse , than expose their persons , and sacred functions , to vulgar contempt . thou , o lord , seest how much i have suffered with , and for thy church , make no long tarrying o my god , to deliver both me , and it , from unreasonable men ; whose counsels have brought forth , and continue such violent confusions , by a precipitant destroying the ancient boundaries of thy churches peace ; thereby letting in all manner of errours , schismes , and disorders . o thou god , of order , and of truth , in thy good ●ime , abate the malice , aswage the rage , and confound all the mischievous devices of thine , mine , and thy churches enemies . that i , and all that love thy church , may sing praises to thee , and ever magnifie th● salvation , even be●ore the sons of men . . vpon vxbridge-treaty , and other offers made by the king . i look upon the way of treaties , as a retiring from fighting like beasts , to arguing like men ; whose strength should be more in their understandings , than in their limbs . and though i could seldome get opportunities to treat , yet i never wanted either desire or disposition to it ; having greater confidence of my reason , than my sword : i was so wholly resolved to yeild to the first , that i thought neither my selfe , nor others , should need to use the second , if once we rightly understood each other . nor did i ever think it a diminution of me , to prevent them with expresses of my desires , and even importunities to treat : it being an office , not onely of humanity , rather to use reason , than force ; but also of christianity to seek peace and ensue it . as i am very unwillingly compelled to defend my self with armes , so i very willingly embraced any thing tending to peace . the events of all warre by the sword being very dubious , and of a civill warre uncomfortable ; the end hardly recompencing , and late repairing the mischief of the means . nor did any successe i had ever enhaunce with me the price of peace , as earnestly desired by me as any man ; though i was like to pay dearer for it than any man : all that i sought to reserve was , mine honour , and my conscience ; the one i could not part with as a king , the other as a christian. the treaty at uxbridge gave the fairest hopes of an happy composure ; had others applied themselves to it with the same moderation , as i did , i am confident the war had then ended . i was willing to condescend , as farre as reason , honour , and conscience , would g●ve me leave ; nor were the remaining differences so essentiall to my peoples happinesse ; or of such consequence ; as in the least kind to have hindred my subjects either security , or prosperity ; for they better enjoyed both● many years , before ever those demands were made , some of which , to deny , i think the greatest justice to my self , and favour to my subjects . i see , jealousies are not so easily allayed , as they are raised : some men are more afraid to retreat from violent engagements , than to engage : what is wanting in equity , must be made up in pertinacy . such as had little to enjoy in peace , or to lose in warre , studied to render the very name of peace odious and suspected . in church affaires , where i had least liberty of prudence , having so many strict ties of conscience upon me ; yet i was willing to condescend so farre to the setling of them , as might have given fair satisfaction to all men , whom faction , covetousnesse , or superstition had not engaged more , than any true zeale , charity , or love of reformation . i was content to yeild to all that might seem to advance true piety ; i onely sought to continue what was necessary in point of order , maintenance , and authority to the churches government ; and what i am perswaded ( as i have elswhere set downe my thoughts more fully ) is most agreeable to the true principles of all government , raised to its full stature and perfection , as also to the primitive apostolicall patterne , and the practise of the universall church conforme thereto . from which wholly to recede , without any probable reason urged or answered , onely to satisfie some mens wills and fantasies ( which yet agree not among themselves in any point , but that of extirpating episcopacy , and fighting against me ) must needs argue such as softnesse , and infirmity of mind in me , as will rather part with gods truth , than mans peace , and rather lose the churches honour , than crosse some mens factious humours . god knowes , and time will discover , who were most too blame for the un-succesfulnesse of that treaty , and who must bear the guilt of after-calamities . i believe , i am very excusable both before god , and all unpassionate men , who have seriously weighed those transactions , wherein i endeavoured no lesse the restauration of peace to my people , than the preservation of my own crowns to my posterity . some men have that height , as to interpret all faire condescendings , as arguments of feeblenesse , and glory most in an unflexible stifnesse , when they see others most ●upple and inclinable to them . a grand maxime with them was alwaies to aske something , which in reason and honour must be denied , that they might have some colour to refuse all that was in other things granted ; setting peace at as high a rate , as the worst effects of warre ; endeavouring first to make me destroy my selfe by dishonourable concessions , that so they might have the lesse to doe . this was all which that treaty , or any other produced , to let the world see , how little i would deny , or they grant , in order to the publique peace . that it gave occasion to some mens further restivenesse , is imputable to their owne depraved tempers , not to any concessions or negations of mine : i have alwaies the content of what i offered , and they the regret , and blame , for what they refused . the highest tide of successe set me not above a treaty , nor the lowest ebbe below a fight : though i never thought it any signe of true valour , to be prodigall of mens lives , rather then to be drawne to produce our owne reasons , or subscribe to other mens . that which made me for the most part presage the unsuccesfulnesse of any treaty , was , some mens unwillingnesse to treat : which implied some things were to be gained by the sword , whose unreasonablenesse they were loath to have fairly scanned , being more proper to be acted by souldiers , than by counsellours . i pray god forgive them that were guilty of that treaties breaking ; and give them grace to make their advantages gotten by the sword a better opportunity to use such moderation , as was then wanting ; that so though peace were for our sins justly deferred , yet at last it may be happily obtain'd ; what we could not get by our treaties , we may gaine by our prayers . o thou , that art the god of reason , and of peace , who disdainest not to treat with sinners , preventing them with offers of attonement , and bese●ching them to be reconciled with thy selfe : who wantest not power , or justice , to destroy them ; yet aboundest in mercy to save : soften our hearts by the bloud of our redeemer , and perswade us to accept of peace with thy self , and both to procure and preserve peace among our selves , as men and christians , how oft have i intreated for peace , but when i speak thereof , they make them ready to warre . condemne us not to our passions● which are destructive , both of our selves , and of others . cleare up our understandings , to see thy truth , both in reason , as men ; and in religion , as christians : and encline all our hearts ●o hold the unity of the spirit , in the bond of peace . take from us that enmity which is now in our hearts against thee : and give us that charity which should be among our selves . remove the evils of warre we have deserved , and bestow upon us that peace , which only christ our great peace-maker can merit . . vpon the various events of the warre ; victories , and defeats . the various successes of this unhappy war , have at least , afforded me variety of good meditations : sometimes god was pleased to trie me with victory , by worsting my enemies , that i might know how with moderation and thanks to owne , and use his power , who is onely the true lord of hosts ; able when he pleases to represse the confidence of those , that fought against me , with so great advantages for power and number . from small beginnings on my part he let me see , that i was not wholly forsaken by my peoples love , or his protection . other times god was pleased to exercise my patience , and teach me not to trust in the arme of flesh , but in the living god. my sins sometimes prevailed against the justice of my cause : & those that were with me wanted not matter and occasion for his just chastisement both of them , and me : nor were my enemies lesse punished by that prosperity , which hardened them to continue that injustice by open hostility , which was began by most riotous and unparliamentary tumults . there is no doubt but personall and private sins may oft-times over-balance the justice of publick engagements ; nor doth god account every gallant man ( in the worlds esteem ) a fit instrument to assert in the way of war a righteous cause ; the more men are prone to arrogate to their own skill , valour and strength , the lesse doth god ordinarily work by them for his own glory . i am sure the event or successe can never state the justice of any cause , nor the peace of mens consciences , nor the eternall fate of their soules . those with me had ( i think ) clearly and undoubtedly , for their justification the word of god , and the lawes of the land , together with their own oathes ; all requiring obedience to my just commands ; but to none other under heaven without me , or against me , in the point of raising armes . those on the other side are forced to flie to the shifts of some pretended feares , and wild fundamentals of state ( as they call them ) which actually overthrow the present fabrick , both of church and state ; being such imaginary reasons for self-defence as are most impertinent for those men to alledge , who being my subjects , were manifestly the first assaulters of me and the lawes : first by unsuppressing the tumults , after by listed forces : the same allegations they use , will fit any faction that hath but power and confidence enough to second with the sword , all their demands against the present lawes & governours ; which can never be such as some side or other will not find fault with , so as to urge what they call a reformation of them to a rebellion against them , some parasitick preachers have dared to call those martyrs , who died fighting against me , the lawes , their oathes , and the religion established . but sober christians know , that glorious title , can with truth be applied only to those , who sincerely preferred gods truth , and the●r duty in all these particulars before their lives , and all that was dear to them in this world ; who having no advantageous designes by any innovation , were religiously sensible of those ties to god , the church , and my self , which lay upon their souls , both for obedience and just assistance . god could , and i doubt not but he did through his mercy , crown many of them with eternall life , whose lives were lost in so just a cause ; the destruction of their bodies being sanctified , as a means to save their soules . their wounds , and temporall ruine serving as a gracious opportunity for their eternall health and happinesse ; while the evident approach of death did , through gods grace , effectually dispose their hearts to such humility , faith , and repentance , which together with the rectitude of their present engagement , would fully prepare them for a better life then that , which their enemies brutish and disloyall fiercenesse could deprive them of ; or without repentance hope to enjoy . they have often indeed , had the better against my side in the field , but never , i believe , at the barre of gods tribunall , or their own consciences ; where they are more afraid to encounter those many pregnant reasons , both from law , allegiance , and all true christian grounds , which conflict with , and accuse them in their own thoughts , then they oft were in a desperate bravery to fight against those forces , which sometimes god gave me. whose condition conquered , and dying , i make no question , but is infinitely more to be chosen by a sober man , ( that duly values his duty , his soul , and eternity , beyond the enjoyments of this present life ) then the most triumphant glory , wherein their and mine enemies supervive ; who can hardly avoid to be daily tormented by that horrid guilt , wherewith their suspicious , or now convicted consciences do pursue them , especially since they and all the world have seen , how false and un-intended those pretensions were , which they first set forth , as the only plausible ( though not justifiable ) grounds of raising a war , and continuing it thus long against me , and the lawes established ; in whose safety and preservation all honest men think the welfare of their country doth consist . for , and with all which , it is farre more honourable and comfortable to suffer , then to prosper in their ruine and subversion . i have often prayed , that all on my side might joyn true piety with the sense of their loyalty ; and be as faithfull to god and their own soules , as they were to me. that the defects of the one might not blast the endeavours of the other . yet i cannot think , that any shewes , or truth of piety on the other side were sufficient to dispence with , or expiate the defects of their duty and loyalty to me , which have so pregnant convictions on mens consciences , that even profaner men are moved by the sense of them to venture their lives for me. i never had any victory which was without my sorrow , because it was on mine owne subjects , who , like absolom , died many of them in their sinne : and yet i never suffered any defeat , which made me despaire of gods mercy and defence . i never desired such victories , as might serve to conquer , but onely restore the lawes and liberties of my people ; which i saw were extreamly oppressed , together with my rights by those men , who were impatient of any just restraint . when providence gave me , or denied me victory , my desire was neither to boast of my power , nor to charge god foolishly ; who i believed at last would make all things to work together for my good . i wished no greater advantages by the war , then to bring my enemies to moderation , and my friends to peace . i was afraid of the temptation of an absolute conquest , and never prayed more for victory over others , than over my self . when the first was denied , the second was granted me , which god saw best for me. the different events were but the methods of divine justice , by contrary winds to winow us : that , by punishing our sinnes , he might purge them from us ; and by deferring peace , he might prepare us more to prize , and better to use so great a blessing . my often messages for peace shewed , that i delighted not in warre : as my former concessions sufficiently testified , how willingly i would have prevented it ; and my totall unpreparednesse for it , how little i intended it . the conscience of my innocency forbade me to feare a warre ; but the love of my kingdomes commanded me ( if possible ) to avoid it . i am guilty in this warre of nothing , but this , that i gave such advantages to some men , by confirming their power , which they knew not to use with that modesty , and gratitude , which became their loyalty and my confidence . had i yeilded lesse , i had been opposed lesse ; had i denied more , i had been more obeyed . 't is now too late to review the occasions of the warre ; i wish onely a happy conclusion , of so unhappy beginnings : the unevitable fate of our sinnes was ( no doubt ) such , as would no longer suffer the divine justice to be quiet : we having conquered his patience , are condemned by mutuall conquerings , to destroy one another : for , the most prosperous successes on either side , impaire the welfare of the whole . those victories are still miserable , that leave our sinnes un-subdued ; flushing our pride , and animating to continue injuries . peace it self is not desireable , till repentance have prepared us for it . when we fight more against our selves , and lesse against god , we shall cease fighting against one another ; i pray god these may all meet in our hearts , and so dispose us to an happy conclusion of these civil warres ; that i may know better to obey god , and govern my people , and they may learn better to obey both god and me. nor doe i desire any man should be further subject to me , then all of us may be subject to god. o my god , make me content to be overcome , when thou wilt have it so . teach me the noblest vistory over my self , and my enemies by patience ; which was christs conquest , a●d may well become a christian king. between both thy hands , the right sometimes supporting , and the left afflicting ; fashion us to that frame of piety thou likest best . forgive the pride that attends our prosperous , and the repinings , which follow our disastrous events ; when going forth in our owne strength thou withdrawest thine , and goest not forth with our armies . be thou all , when we are something , and when we are nothing ; that thou mayst have the glory , when we are in a victorious , or inglorious condition . thou o lord knowest , how hard it is for me to suffer so much evill from my subjects , to whom i intend nothing but good ; and i cannot but suffer in those evils which they compell me to inflict upon them ; punishing my selfe in their punishments . since therefore both in conquering , and being conquered , i am still a sufferer ; i beseech thee to give me a double portion of thy spirit , and that measure of grace , which onely can be sufficient for me . as i am most afflicted , so make me most reformed : that i may be not onely happy to see an end of these civill distractions , but a chiefe instrument to restore and establish a firme , and blessed peace to my kingdomes . stirre up all parties pious ambitions to overcome each other with reason , moderation , and such self-deniall , as becomes those , who consider , that our mutuall divisions are our common distractions , and the union of all is every good mans chiefest interest . if o lord , as for the sinnes of our peace , thou hast brought upon us the miseries of warre ; so for the sinnes of warre ●hou shouldst see fit still to deny us the blessing of peace , and so to keep us in a circulation of miseries ; yet give me thy servant , and all loyall , though afflicted subjects , to enjoy that peace which the world can neither give to us , nor take from us . impute not to me the bloud of my subjects , which with infinite unwillingnesse and griefe , hath been shed by me , in my just and necessary defence ; but wash me with that pretious bloud , which hath been shed for me , by my great peace-maker , iesus christ. who will , i trust , redeem me shortly out of all my troubles : for , i know the triumphing of the wicked is but short , and the joy of hypocrites is but for a moment . . vpon the reformations of the times . no glory is more to be envied than that , of due reforming either church or state , when deformities are such , that the perturbation and novelty are not like to exceed the benefit of reforming . although god should not honour me so farre , as to make me an instrument of so good a worke , yet i should be glad to see it done . as i was well pleased with this parliaments first intentions to reform what the indulgence of times , and corruption of manners might have depraved ; so i am sorry to see after the freedome of parliament was by factious tumults oppressed , how little regard was had to the good laws established , and the religion setled ; which ought to be the first rule and standard of reforming : with how much partiality , and popular compliance the passions , and opinions of men have been gratified , to the detriment of the publique , and the infinite scandall of the reformed religion . what dissolutions of all order , and government , in the church ; what novelties of schismes , and corrupt opinions ; what undecencies and confusions in sacred administrations ; what sacrilegious invasions upon the rights and revenues of the church ; what contempt & oppressions of the clergy ; what injurious diminutions and persecutings of me , have followed , ( as showres do warm gleames ) the talke of reformation , all sober men are witnesses , and with my self , sad spectators hith●rto . the great miscarriage i think is , that popular clamours and fury , have been allowed the reputation of zeale , and the publique sense ; so that the study to please some parties hath indeed injured all . freedome , moderation , and impartiality are sure the best tempers of reforming councels , and endeavours : w●●t is acted by factions , cannot but offend more , than it pleaseth . i have offered to put all differences in church affaires and religion to the free consultation of a synod or convocation rightly chosen ; the results of whose counsels as they would have included the votes of all , so its like they would have given most satisfaction to all . the assembly of divines , whom the two houses have applyed ●in an unwonted way ) to advise of church affaires , i dislike not further , then that they are not legally convened and chosen ; nor act in the name of all the clergy of england ; nor with freedome and impartiality can doe any thing , being limited and confined , if not over-awed , to do and declare what they do . for i cannot think so many men cryed up for learning and piety , who formerly allowed the liturgy and government of the church of england , as to the maine , would have so suddenly agreed quite to abolish both of them , ( the last of which , they knew to be of apostolicall institution , at least ; as of primitive and universall practice ) if they had been left to the liberty of their own suffrages , and if the influence of contrary factions had not by secret encroachments of hopes , and feares , prevailed upon them , to comply with so great and dangerous innovations in the church ; without any regard to their own former judgment and practice , or to the common interest and honour of all the clergy , and in them of order , learning , and religion against examples of all ancient churches ; the lawes in force , and my consent ; which is never to be gained , aga●nst so pregnant light , as in that point shines on my understanding . for i conceive , that where the scripture is not so clear and punctuall in precepts , there the constant and universall practice of the church , in things not contrary to reason , faith , good manners , or any positive command , is the best rule that ch●istians can follow . i was willing to grant , or restore to presbitery , what with reason or discretion it can pretend to , in a conjuncture with episcopacy ; but for that wholly to invade the power , and by the sword to arrogate , and quite abrogate the authori●y of that ancient order , i think neither just , as to episcopacy , nor safe for presbitery ; nor yet any way convenient for this church or state. a due reformation had easily followed moderate counsells ; and such ( i believe ) as would have given more content , even to the most of those divines , who have been led on with much gravity and formality , to carry on other mens designes : which no doubt many of them by this time discover , though they dare not but smother their frustrations , and discontents . the specious and popular titles , of christs government , throne , scepter , and kingdome ( which certainly is not divided , nor hath two faces , as their parties now have , at least ) also the noise of a through reformation , these may as easily be fined on new models , as fair colours may be put to ill-favoured figures . the breaking of church-windowes , which time had suffic●ently defaced ; pulling down of crosses , which were but civill , not religious marks ; defacing of the monuments , and inscriptions of the dead , which served but to put posterity in mind , to thank god , for that clearer light , wherein they live ; the leaving of all ministers to their liberties , and private abilities , in the publick service of god , where no christian can tell to what he may say amen ; nor what adventure he may make , of seeming , at least , to consent to the errours , blasphemies , and ridiculous undecencies , which bold and ignorant men li●t to vent in their prayers , preaching , and other offices . the setting forth also of old catechismes , and confessions of faith new drest , importing as much , as if there had been no sound or clear doctrine of faith in this church , before some four or five yeares consultation had matured their thoughts , touching their first principles of religion . all these , and the like are the effects of popular , specious , and deceitfull reformations , ( that they might not seem to have nothing to do ) and may give some short flashes of content to the vulgar , ( who are taken with novelties , as children with babies , very much , but not very long ) but all this amounts not to , nor can in justice merit the glory of the churches thorow reformation ; since they leave all things more deformed , disorderly , and discontented , then when they began , in point of piety , morality , charity , and good order . nor can they easily r●compense or remedy the inconveniences and mischiefs , which they have purchased so dearly , and which have , and every will necessarily ensue , till due remedies be applied . i wish they would at last , make it their unanimous work , to doe gods work , and not their own : had religion been first considered ( as it merited ) much trouble might have been prevented . but some men thought , that the government of this church and state , fixed by so many lawes , and long customes , would not run into their new moulds , till they had first melted it in the fire of a civill warre ; by the advantages of which they resolved , if they prevailed , to make my self & all my subjects fall down , and worship the images they should form and set up : if there had been as much of christs spirit , for meeknesse , wisdome , and charity , in mens hearts , as there was of his name used in the pretensions , to reform all to christs rule , it would certainly have obtained more of gods blessing , and produced more of christs glory , the churches good , the honour of religion , and the unity of ch●istians . publick reformers had need first act in private , and practise that on their own hearts , which they purpose to ●rie on others ; for deformities within , will soon betray the pretenders of publick reformations , to such private designes as must needes hinder the publick good . i am sure the right methods of reforming the church cannot consist with that of perturbing the civill state , nor can religion be justly advanced by depressing loyalty , which is one of the chiefest ingredients , and orn●ments of true religion , for next to fear god , is , honour the king. i doubt not but christs kingdome may ●e ●et up without pulling down mine ; nor wil any men in impartiall times appear good christians , that approve not themselves good subjects . christ's government will confirme mine , not overthrow it , since as i owne mine from him , so i desire to rule for his glory , and his churches good . had some men truly intended christ's government , or knew what it meant , in their hearts , they could never have been so ill governed in their words , and actions , both against me , and one another . as good ends cannot justifie evill means , so nor will evil beginnings ever bring forth good conclusions ; unlesse god , by a miracle of mercy , create light out of darknesse , order out of our confusions , and peace out of our passions . thou , o lord , who onely canst give us beauty for ashes , and truth for hypocrisie ; suffer us not to be miserably deluded with pharisaicall washings , instead of christian reformings . our greatest deformities are within , make us the severest censurers , and first reformers of our owne soules . that we may in clearnesse of judgment , and uprightnesse of heart be meanes to reforme what is indeed amisse in church and state. create in us cleane hearts , o lord , and renew right spirits within us ; that we may doe all by thy directions , to thy glory , and with thy blessing . pity the deformities , which some rash and cruell reformers have brought upon this church and state ; quench the fires which factions have kindled , under the pretence of reforming . as thou hast shewed the world by their divisions , and confusions , what is the pravity of some mens intentions , and weaknesse of their judgements ; so bring us at last more refined out of these fires , by the methods of christian and charitable reformations ; wherein nothing of ambition , revenge , covetousnesse , or sacriledge , may have any influence upon their counsels , whom thy providence in just and lawfull waies shall entrust with so great , good , and now most necessary worke . that i and my people may be so blest with inward piety , as may best teach us how to use the blessing of outward peace . . vpon his majesties letters taken and divulged . the taking of my letters was an opportunity , which , as the malice of mine enemies could hardly have expected ; so they know not how with honour and civility to use it : nor doe i think with sober and worthy minds any thing in them , could tend so much to my reproach , as the odious divulging of them did to the infamy of the divulgers : the greatest experiments of vertue and noblenesse being discovered in the greatest advantages against an enemy , and the greatest obligations being those , which are put upon us by them , from whom we could least have expected them . and such i should have esteemed the concealing of my papers ; the freedome and secresie of which , commands a civility from all men , not wholly barbarous ; nor is there any thing more inhumane than to expose them to publique view . yet since providence will have it so , i am content so much of my heart ( which i study to approve to gods omniscience ) should be discovered to the world , without any of those dresses , or popular captations , which some men use in their speeches , and expresses ; i wish my subjects had yet a clearer sight into my most retired thoughts : where they might discover , how they are divided between the love and care i have , not more to preserve my owne rights , than to procure their peace and happinesse , and that extreame grief to see them both deceived and destroyed . nor can any mens malice be gratified further by my letters , than to see my constancy to my wife , the lawes , and religion . bees will gather honey where the spider sucks poison . that i endeavour to avoid the pressures of my enemies , by all fair and just correspondencies ; no man can blame , who loves me , or the common-wealth , since my subjects can hardly be happy if i be miserable , or enjoy their peace and liberties while i am oppressed . the world may see how soon mens design , like absoloms , is by enormous actions to widen differences , and exasperate all sides to such distances , as may make all reconciliation desperate . yet i thank god i can not only with patience bear this , as other indignities , but with charity forgive them . the integrity of my intentions is not jealous of any injury , my expressions can do them , for although the confidence of privacy may admit greater freedom in writing such letters , which may be liable to envious exceptions ; yet the innocency of my chief purposes cannot be so obtained , or mis-interpreted by them , as not to let all men se● , that i wish nothing more then an happy composure of differences with justice and honour , not more to my own , then my peoples content , who have any sparks of love or loyalty left in them : who , by those my letters may be convinced , that i can both mind and act my own , and my kingdomes affaires , so as becomes a prince ; which mine enemies have alwayes been very loath should be bel●eved of me , as if i were wholly confined to the dictates and directions of others ; whom they please to brand with the names of evill counsellours . it s probable some men will now look upon me as my own counsellour , and having none else to quarrell with under that notion , they will hereafter confine the●r anger to my self : although i know they are very unwilling i should enjoy the liberty of my own thoughts , or follow the light of my own conscience , which they labour to bring into an absolute captivity to themselves ; not allowing me to think their counsels to be other then good for me , which have so long maintained a war against me. the victory they obtained that day , when my letters became their prize , had been enough to have satiated the most ambitious thirst of popular glory among the vulgar ; with whom prosperity gaines the greatest esteem and applause ; as adversity exposeth to their greatest slighting and dis-respect : as if good fortune were alwayes the shadow of vertue and justice , and did not oftner attend vitious and injurious actions , as to this world . but i see no secular advantages seeme sufficient to that cause , which began with tumults , and depends chiefty upon the reputation with the vulgar . they think no victories so effectuall to their designes as those , that most rout and waste my credit with my people ; in whose hearts they seek by all meanes to smother and extinguish all sparks of love , respect and loyalty to me , that they may never kindle again , so as to recover mine , the lawes , and the kingdomes liberties , which some men seek to overthrow : the taking away of my credit is but a necessary preparation to the taking away of my life , and my kingdomes ; first i must seem neither fit to live , nor worthy to reign ; by exquisite methods of cunning and cruelty , i must be compelled , first to follow the funeralls of my honour , and then be destroyed : but i know gods un-erring and impartiall justice can , and will over-rule the most perverse wills and designes of men ; he is able , and ( i hope ) will turn even the worst of mine enemies thoughts and actions to my good . nor doe i think , that by the surprize of my letters , i have lost any more then so many papers : how much they have lost of that reputation , for civility and humanity ( which ought to be pay'd to all men , and most becomes such as pretend to religion ) besides that of respect and honour , which they owe to their king , present , and after-times will judge . and i cannot think that their owne consciences are so stupid , as not to inflict upon them some secret impressions of that shame and dishonour , which attends all unworthy actions , have they never so much of publique flattery , and popular countenance . i am sure they can never expect the divine approbation of such indecent actions , if they doe but remember how god blest the modest respect and filiall tendernesse , which noah's sonnes bare to their father ; nor did his open infirmity justifie chams impudency , or exempt him from that curse of being servant of servants ; which curse must needs be on them who seek by dishonourable actions to please the vulgar , and confirme by ignoble acts , their dependance upon the people . nor can their malitious intentions be ever either excusable , or prosperous ; who thought by this means to expose me , to the highest reproach and contempt of my people ; forgetting that duty of modest concealment , which they owed to the father of their country , in case they had discovered any reall uncomelinesse ; which , i thank god they did not ; who can , and i believe hath made me more respected in the hearts of many ( as he did david ) to whom they thought , by publishing my private letters , to have rendred me as a vile person , not fit to be trusted or considered , under any notion of majesty . but thou , o lord , whose wise and all-disposing providence , ordereth the greatest contingences of humane affaires ; make me to see the constancy of thy mercies to me , in the greatest advantages thou seemest to give the malice of my enemies against me . as thou didst blast the counsel of achitophel , turning it to davids good , and his owne ruine : so canst thou defeat their designe , who intended by publishing my private letters , nothing else , but to render me more odious and contemptible to my people . i must first appeale to thy omniscience , who canst witnesse with my integrity , how unjust and false those scandalous misconstructions are , which my enemies endeavour by those papers of mine to represent to the world . make the evill they imagined , and displeasure they intended thereby against me , so to returne on their owne heads , that they may be ashamed , and covered with their owne confusion , as with a cloake . thou seest how mine enemies use all meanes to cloud mine honour , to pervert my purposes , and to slander the footsteps of thine anoynted . but give me an heart content to be dishonoured for thy sake , and thy churches good . fix in me a purpose to honour thee , and then i know thou wilt honour me , either by restoring to me the enjoyment of that power and majesty , which thou hast suffered some men to seek to deprive me of ; or by bestowing on me that crowne of christian patience , which knows how to serve thee in honour , or dishonour , in good report or evill . thou , o lord , art the fountaine of goodnesse , and honour ; thou art clothed with excellent majesty ; make me to partake of thy excellency for wisdome , justice , and mercy , and i shall not want that degree of honour , and majesty , which becomes the place in which thou hast set me ; who art the lifter up of my head , and my salvation . lord , by thy grace , lead me to thy glory , which is both true and eternall . . vpon his majesties leaving oxford , and going to the scots . although god hath given mee three kingdomes , yet in these he hath not now left me any place , where i may with safety & honour rest my head : shewing me that himself is the safest refuge , and the strongest tower of defence , in which i may put my trust. in these extremities , i look not to man so much as to god , he will have it thus ; that i may wholly cast my self , and my now distressed affaires upon his mercy , who hath both hearts and hands of all men in his dispose . what providence denies to force , it may grant to prudence : necessity is now my counsellour , and commands me to study my safety by a disguised withdrawing from my chiefest strength , and adventuring upon their loyalty , who first began my troubles . happily god may make them a means honourably to compose them . this my confidence of them , may dis-arme and overcome them ; my rendring my person to them , may engage their affections to me , who have oft professed , they fought not against me , but for me. i must now resolve the riddle of their loyalty : and give them opportunity to let the world see , they meane not what they doe , but what they say . yet must god be my chiefest guard ; and my conscience both my counsellour and my comforter : though i put my body into their hands , yet i shall reserve my soule to god , and my selfe ; nor shall any necessities compel me , to desert mine honour , or swerve from my judgment . what they sought to take by force , shall now be given them in such a way of unusuall confidence of them , as may make them ashamed not to be really such , as they ought , and professed to be . god sees it not enough to desert me of all military power to defend my self ; but to put me upon using their power , who seem to fight against me , yet ought in duty to defend me. so various are all humame affaires , and so nece●sitous may the state of princes be , that their greatest danger may be in their supposed safety , and their safety in their supposed danger . i must now leave those , that have adhered to me , and apply to those that have opposed me ; this method of peace may be more prosperous , than that of warre , both to stop the effusion of bloud , and to close those wounds already made : and in it i am no lesse solicitous for my friends safety , than mine owne ; chusing to venture my selfe upon further hazards , rather than expose their resolute loyalty to all extremities . it is some skill in play to know when a game is lost ; better fairly to goe over , than to contest in vaine . i must now study to re-inforce my judgement , and fortifie my mind with reason and religion ; that i may not seem to offer up my souls liberty , or make my conscience their captive ; who ought at first to have used arguments , not armes , to have perswaded my consent to their new demands . i thank god no successe , darkens or disguises truth to me ; and i shall no lesse conforme my words to my inward dictates now , than if they had been , as the words of a king ought to be among loyall subjects , full of power . reason is the divinest power . i shall never think my self weakned while i may make full and free use of that . no eclypse of outward fortune shall rob me of that light ; what god hath denied of outward strength , his grace , i hope , will supply with inward resolutions ; not morosity to deny , what is fit to be granted ; but not to grant any thing , which reason and religion bids me deny . i shall never think my self lesse than my self while i am able thus to preserve the integrity of my conscience , the onely jewell now left me , which is worth keeping . o thou soveraigne of our soules , the onely commander of our consciences ; though i know not what to doe , yet mine eyes are toward thee : to the protection of thy mercy i still commend my selfe . as thou hast preserved me in the day of battaile , so thou canst still shew me thy strength in my weaknesse . be thou unto me in my darkest night , a pillar of fire , to enlighten and direct me ; in the day of my hottest affliction , be also a pillar of cloud to overshadow and protect me ; be to me , both a sun and a shield . thou knowest , that it is not any perversnesse of will , but just perswasions of honour , reason , and religion , which have made me thus farre to hazard my person , peace , and safety , against those , that by force have sought to wrest them from mee . suffer not my just resolutions to abate with my outward forces ; let a good conscience alwaies accompany me , in my solitude and desertions . suffer me not to betray the powers of reason , and that fortresse of my soule , which i am intrusted to keep for thee . lead me in the paths of thy righteousnesse , and shew me thy salvation . make my waies to please thee , and then thou wilt make mine enemies to be at peace with me. . vpon the scots delivering the king to the english ; and his captivity at holmeby . yet may i justifie those scots to all the world in this , that they have not deceived me ; for i never trusted to them further , than to men : if i am sold by them , i am onely sorry they should doe it ; and that my price should be so much above my saviours . these are but further essays , which god will have me make of mans uncertainty , the more to fix me on himself ; who never faileth them that trust in him ; though the reeds of aegypt break under the hand of him that leans on them : yet the rock of israel will be an everlasting stay and defence . gods providence commands me to retire from all to himself , that in him i may enjoy my self , which i lose , while i let out my hopes to others . the solitude and captivity , to which i am now reduced , gives me leisure ●nough to study the worlds vanity , and inconstancy . god sees 't is fit to deprive me of wife , children , army , friends , and freedome , that i may be wholly his , who alone is all . i care not much to be reckoned among the unfortunate , if i be not in the black list of irreligious , and sacrilegious princes● no restraint shall ensnare my soule in sin ; nor gaine that of me , which may make my enemies more insolent , my friends ashamed , or my name accursed . they have no great cause to triumph , that they have got my person into their power ; since my soule is still my owne : nor shall they ever gaine my consent against my conscience . what they call obstinacy , i know god accounts honest constancy , from which reason and religion , as well as honour , forbid me to recede . 't is evident now , that it was not evil counsellours with me , but a good conscience in me , which hath been fought against ; nor did they ever intend to bring me to my parliament , till they had brought my mind to their obedience . should i grant what some men desire , i should be such as they wish me ; not more a king , and farre lesse both man and christian. what tumults and armies could not obtaine , neither shall restraint ; which though it have as little of safety to a prince , yet it hath not more of danger . the feare of men shall never be my snare ; nor shall the love of any liberty entangle my soule : better others betray me , than my self : and that the price of my liberty should be my conscience ; the greatest injuries my enemies seek to inflict upon me , cannot be without my owne consent . while i can deny with reason , i shall defeat the greatest impressions of their malice , who neither know how to use worthily , what i have already granted ; nor what to require more of me but this , that i would seem willing to help them to destroy my self & mine . although they should destroy me , yet they shall have no cause to despise me . neither liberty nor life are so deare to me , as the peace of my conscience , the honour of my crownes , and the welfare of my people ; which my word may injure more than any warre can doe ; while i gratifie a few to oppresse all . the lawes will , by gods blessing , revive , with the love and loyalty of my subjects ; if i bury them not by my consent , and cover them in that grave of dishonour , and injustice , which some mens violence hath digged for them . if my captivity or death must be the price of their redemption , i gr●dge not to pay it . no condition can make a king miserable , which carries not with it , his souls , his peoples , and posterities thraldome . after-times may see , what the blindnesse of this age will not ; and god may at length shew my subjects , that i chuse rather to suffer for them , than with them ; happily i might redeem my selfe to some shew of liberty , if i would consent to enslave them : i had rather hazard the ruine of one king , than to confirme many tyrants over them ; from whom i pray god deliver them , whatever becomes of me , whose solitude hath not left me alone . for thou , o god , infinitely good , and great , art with me , whose presence is better than life ; and whose service is perfect freedome . owne me for thy servant , and i shall never have cause to complaine for want of that liberty , which becomes a man , a christian , and a king. blesse me still with reason , as a man ; with religion , as a christian ; and with co●stancy in iustice , as a king. though thou sufferest me to be stript of all outward ornaments , yet preserve me ever in those enjoyments , wherein i may enjoy thy selfe ; and which , cannot be taken from me against my will. let no fire of affliction boyle ●ver my passion to any impatience , or sordid feares . there be many say of me , there is no help for me : doe thou lift up the light of thy countenance , upon me , and i shall neither want safety , liberty , nor majesty . give me that measure of patience and const●ncy , which my condition now requires . my strength is scattered , my expectation fro● men defeated , my person restrained : o be not thou farre from me , lest my enemies prevaile too much against me. i am become a wonder , and a scorne to many : o be thou my helper and defender . shew some token upon me for good , that they that hate me may be ashamed , because thou lord hast holpen and comforted me : establish me with thy free spirit , that i may do , and suffer thy will , as thou wouldst have me . be mercifull to me , o lord , for my soule trusteth in thee : yea and in the shadow of thy wings will i make my refuge untill these calamities be overpast . arise to deliver me , make no long ●arrying , o my god. though thou killest me , yet will i trust in thy mercy , and my saviour merit . i know that my redeemer liveth ; though thou leadest me through the vayl and shadow of death , yet shall i feare none ill . . vpon their denying his majesty the attendance of his chaplaines . when providence was pleased to deprive me of all other civill comforts and secular attendants , i thought the absence of them all might best be supplyed by the attendance of some of my chaplaines ; whom for their function i reverence , and for their fidelity i have cause to love . by their learning , piety , and prayers , i hoped to be either better enabled to sustaine the want of all other enjoyments , or better fitted for the recovery and use of them in gods good time : so reaping by their pious help a spirituall harvest of grace amidst the thornes , and after the plowings of temporall crosses . the truth is , i never needed or desired more the service and assistance of men judiciously pious , and soberly devout . the solitude they have confined me unto , adds the wildernesse to my temptations ; for the company they obtrude upon me , is more sad than any solitude can be . if i had asked my revenues , my power of the militia , or any one of my kingdomes , it had been no wonder to have been denyed in those things , where the evill policy of men forbids all just restitution , lest they should confesse an injurious usurpation : but to deny me the ghostly comfort of my chaplaines seemes a greater rigour and barbarity , then is ever used by christians to the meanest prisoners , and greatest malefactors ; whom though the justice of the law deprive of worldly comforts , yet the mercy of religion allows them the benefit of their clergy , as not ayming at once to destroy their bodies , and to damne their soules . but my agony must not be relieved with the presence of any one good angell ; for such i account a lear●ed , godly , and discreet divine : and such i would have all mine to be . they that envy my being a king , are loath i should be a christian ; while they seek to deprive me of all things else , they are afraid i should save my soul. other sense , charity it self can hardly pick out of those many harsh repulses i received , as to that request so often made for the attendance of some of my chaplaines . i have sometime thought the unchristiannesse of those denialls might arise from a displeasure some men had to see me prefer my own divines before their ministers : whom , though i respect for that worth and piety which may be in them ; yet i cannot thinke them so proper for any present comforters or physitians ; who have ( some of them at least ) had so great an influence in occasioning these calamities , and inflicting these wounds upon me. nor are the soberest of them so apt for that devotionall complyance , and juncture of hearts , which i desire to bear in those holy offices , to be performed with me , and for me ; since their judgements standing at a distance from me , or in jealousie of me , or in opposition against me , their spirits cannot so harmoniously accord with mine , or mine with theirs , either in prayer , or other holy duties , as is meet , and most comfortable ; whose golden rule , and bond of perfection consists in that of mutuall love and charity . some remedies are worse then the diseas● , and some comforters more miserable then misery it self ; when like iobs friends , they seek not to fortifie ones mind with patience ; but perswade a man by betraying his own innocency , to despair of gods mercy ; and by justifying their injuries , to strengthen the hands , and harden the hearts of insolent enemies . i am so much a friend to all church-men , that have any thing in them beseeming that ●acred function , that i have hazarded my owne interests , chiefly upon conscience and constancy to maintaine their rights ; whom the more i looked upon as orphans , and under the sacrilegious eyes of many cruell and rapacious reformers ; so i thought it my duty the more to appeare as a father , and a patron for them and the church . although i am very unhandsomly requited by some of them ; who may live to repent no lesse for my sufferings , than their own ungratefull errours , and that injurious contempt and meannesse , which they have brought upon their calling and persons . i pity all of them , i despise none : onely i thought i might have leave to make choice of some for my speciall attendants , who were best approved in my judgment , and most sutable to my affection . for , i held it better to seem undevout , and to heare no mens prayers , than to be forced , or seem to comply with those petitions , to which the heart cannot consent , nor the tongue say amen , without contradicting a mans owne understanding , or belying his owne soule . in devotions , i love neither profane boldnesse , nor pious non-sense● but such an humble and judicious gravity as shews the speaker to be at once considerate both of gods majesty , the churches honour , and his owne vilenesse ; both knowing what things god allows him to ask , and in what manner it becomes a sinner to supplicate the divine mercy for himself , and others . i am equally scandalized with all prayers , that sound either imperiously , or rudely , and passionately ; as either wanting humility to god , or charity to men , or respect to the duty . i confesse i am better pleased , as with studied and premeditated sermons , so with such publique formes of prayer , as are fitted to the churches and every christians daily & common necessities ; because i am by them better assured , what i may joyn my heart unto , than i can be of any mans extemporary sufficiency ; which as i doe not wholly exclude from publique occasions , so i allow its just liberty and use in private and devout retirements ; where neither the solemnity of the duty , nor the modest regard to others , doe require so great exactnesse as to the outward manner of performance . though the light of understanding , and the fervency of affection , i hold the maine and most necessary requisites both in constant , and occasionall , solitary , and sociall devotions . so that i must needs seem to all equal minds with as much reason to prefer the service of my own chaplains before that of their ministers , as i do the liturgy before their directory . in the one , i have been alwaies educated and exercised ; in the other , i am not yet catechized , nor acquainted : and if i were , yet should i not by that , as by any certain rule and canon of devotion , be able to follow or find out the indirect extravagancies of most of those men , who highly cry up that as a piece of rare composure and use ; which is already as much despised and disused by many of them , as the common-prayer sometimes was by those men ; a great part of whose piety hung upon that popular pin of rayling against , and contemning the government , and liturgy of this church . but , i had rather be condemned to the woe of vae soli , than to that of vae vobis hypocritis , by seeming to pray what i doe not approve . it may be , i am esteemed by my denyers sufficient of my selfe to discharge my duty to god as a priest , though not to men as a prince . indeed , i think both offices , regall and sacerdotall , might well become the same person ; as anciently they were under one name , & the united rights of primogeniture : nor could i follow better presidents , if i were able , than those two eminent kings , david , and solomon ; not more famous for their scepters and crownes , than one was for devout psalmes and prayers ; the other for his divine parables and preaching : whence the one merited and assumed the name of a prophet , the other of a preacher . titles indeed of greater honour , where rightly placed , than any of those the roman emperours affected from the nations they subdued : it being infinitely more glorious to convert soules to gods church by the word , than to conquer men to a subjection by the sword. yet since the order of gods wisdome and providence hath , for the most part , alwaies distinguished the gifts and offices of kings , of priests , of princes and preachers ; both in the jewish and christian churches : i am sorry to find my selfe reduced to the necessity of being both , or enjoying neither . for such as seek to deprive me of kingly power and soveraignty ; would no lesse enforce me to live many months without all prayers , sacraments , and sermons , unlesse i become my owne chaplaine . as i owe the clergy the protection of a christian king , so i desire to enjoy from them the benefit of their gifts and prayers ; which i look upon as more prevalent than my owne , or other mens ; by how much they flow from minds more enlightned , and affections lesse distracted , than those , which are encombred with secular affaires : besides , i think a greater blessing and acceptablenesse attends those duties , which are rightly performed , as proper to , and within the limits of that calling , to which god and the church have specially designed and consecrated some men : and however , as to that spirituall government , by which the devout soule is subject to christ , and through his merits daily offers it self and its services to god , every private believer is a king and priest , invested with the honour of a royall priesthood ; yet as to ecclesiasticall order , and the outward polity of the church , i think confusion in religion will as certainly follow every mans turning priest or preacher , as it will in the state , where every one affects to rule as king. i was alwaies bred to more modest , and i think more pious principles : the consciousnesse to my spirituall defects makes me more prize and desire those pious assistances , which holy and good ministers , either bishops or presbyters , may afford me ; especially in these extremities , to which god hath been pleased to suffer some of my subjects to reduce me ; so as to leave them nothing more , but my life to take from me : and to leave me nothing to desire , which i thought might lesse provoke their jealousie and offence to deny me , than this of having some mean●s afforded me for my soules comfort and support . to which end i made choice of men , as no way ( that i know ) scandalous , so every way eminent for their learning and piety , no lesse than for their loyalty : nor can i imagine any exceptions to be made against them , but only this , that they may seem too able and too well affected toward me and my service . but this is not the first service ( as i count it the best ) in which they have forced me to serve my self ; though i must confesse i beare with more grief & impatience the want of my chaplaines , than of any other my servants ; and next ( if not beyond in some things ) to the being sequestred from my wife and children , since from these indeed more of humane and temporary affections , but from those more of heavenly and eternall improvements may be expected . my comfort is , that in the inforced ( not neglected ) want of ordinary meanes , god is wont to afford extraordinary supplies of his gifts and graces . if his spirit will teach me and help my infirmities in prayer , reading and meditation ( as i hope he will ) i shall need no other , either oratour or instructer . to thee therefore , o my god , doe i direct my now solitary prayers ; what i want of others help , supply with the more immediate assistances of thy spirit , which alone can both enlighten my darknesse , and quicken my dulnesse . o thou sun of righteousnesse , thou sacred fountaine of heavenly light and heat , at once cleare and warme my heart , both by instructing of me , and interceding for me : in thee is all fulnesse : from thee all-sufficiency : by thee is all acceptance . thou art company enough , and comfort enough : thou art my king , be also my prophet and my priest. rule me , teach me , pray in me , for me ; and be thou ever with me . the single wrestlings of jacob prevailed with thee , in that sacred duell , when he had none to second him but thy selfe ; who didst assist him with power to overcome thee , and by a welcome violence to wrest a blessing from thee . o look on me thy servant , in infinite mercy , whom thou didst once blesse with the joynt and sociated devotions of others , whose fervency might inflame the coldnesse of my affections towards thee ; when we went to , or met in thy house with the voice of joy and gladnesse , worshipping thee in the unity of spirits , and with the bond of peace . o forgive the neglect , and not improving of those happy opportunities . it is now thy pleasure that i should be as a pelican in the wildernesse , as a sparrow on the house top , and as a coale scattered from all those pious glowings , and devout reflections , which might best kindle , preserve , and encrease the holy fire of thy graces on the altar of my heart , whence the sacrifice of prayers , and incense of praises , might be duly offered up to thee . yet o thou that breakest not the bruized reed , nor quenchest the smoaking flax , doe not despise the weaknesse of my prayers , nor the smotherings of my soule in this uncomfortable lonenesse ; to which i am constrained by some mens uncharitable denialls of those helps , which i much want , and no lesse desire . o let the hardnesse of their hearts occasion the softnings of mine to thee , and for them. let their hatred kindle my love , let their unreasonable denials of my religious desires the more excite my prayers to thee . let their inexorable deafnesse encline thine eare to me ; who art a god easie to be entreated ; thine eare is not heavy , that it cannot , nor thy heart hard , that it will not heare ; nor thy hand shortned , that it cannot help me thy desolate supplyant . thou permittest men to deprive me of those outward means , which thou hast appointed in thy church ; but they cannot debarre me from the communion of that inward grace , which thou alone breathest into humble hearts . o make me such , and thou wilt teach me ; thou wilt heare me , thou wilt help me : the broken and contrite heart i know thou wilt not despise . thou , o lord canst at once make me thy temple , thy priest , thy sacrifice , and thine altar ; while from an humble heart i ( alone ) daily offer up in holy meditations , fervent prayers , and unfeigned teares my self to thee ; who preparest me for thee , dwellest in me , and acceptest of me . thou o lord didst cause by secret supplies and miraculous infusions , that the handfull of meale in the vessell should not spend , nor the little oyle in the cruise fayle the widow during the time of drought and dearth . o look on my soul , which as a widow , is now desolate & forsaken : let not those saving truths i have formerly learned now fail my memory ; nor the sweet effusions of thy spirit , which i have sometime felt , now be wanting to my heart in this famine of ordinary and wholsome food for the refreshing of my soule . which yet i had rather chuse than to feed from those hands who mingle my bread with ashes , and my wine with gall ; rather tormenting , than teaching me ; whose mouths are proner to bitter reproaches of me , than to hearty prayers for me . thou knowest , o lord of truth , how oft they wrest thy holy scriptures to my destruction , ( which are cleare for their subjection , and my preservation ) o let it not be to their damnation . thou knowest how some men ( under colour of long prayers ) have sought to devoure the houses of their brethren , their king , and their god. o let not those mens balmes break my head , nor their cordialls oppresse my heart , i will evermore pray against their wickednesse . from the poyson under their tongues , from the snares of their lips , from the fire , and the swords of their words ever deliver me , o lord , and all those loyall and religious hearts , who desire and delight in the prosperity of my soul , and who seek by their prayers to relieve this sadnesse , and solitude of thy servant , o my king and my god. . penitentiall meditations and vowes in the king's solitude at holmeby . give ear to my words ô lord , consider my meditation , and hearken to the voice of my cry , my king and my god , for unto thee will i pray . i said in my haste i am cast out of the sight of thine eyes ; neverthelesse thou hearest the voice of my supplication , when i cry unto thee . if thou lord shouldst be extream to mark what is done amisse , who can abide it ? but there is mercy with thee , that thou mayest be feared ; therefore shall sinners fly unto thee . i acknowledg my sins before thee , which have the aggravation of my condition ; the eminency of my place adding weight to my offences . forgive , i beseech thee , my personall , and my peoples sinnes ; which are so farre mine , as i have not impr●ved the power thou gavest me , to thy glory , and my subjects good : thou hast now brought me from the glory and freedome of a king , to be a prisoner to my own subjects : iustly , ô lord , as to thy over-ruling hand , because in many things i have rebelled against thee . though thou hast restrained my person , yet enlarge my heart to thee , and thy grace towards me. i come far short of davids piety ; yet since i may equall davids afflictions , give me also the comforts and the sure mercies of david . let the penitent sense i have of my sins , be an evidence to me , that thou hast pardoned them . let not the evils , which i and my kingdomes have suffered , seem little unto thee ; though thou hast not punished us according to our sins . turne thee ( o lord ) unto me ; have mercy upon me , for i am desolate and afflicted . the sorrowes of my heart are enlarged ; o bring thou me out of my troubles . hast thou forgotten to be gracious , and shut up thy loving kindnesse in displeasure ? o remember thy compassions of old , and thy loving kindnesses , which have been for many generations . i had utterly fainted , if i had not beleeved to see thy goodnesse in the land of the living . let not the sinnes of our prosperity deprive us of the benefit of thy afflictions . let this fiery triall consume the drosse , which in long peace and plenty we had contracted . though thou continuest miseries , yet withdraw not thy grace ; what is wanting of prosperity , make up in patience and repentance . and if thy anger be not to be yet turned away , but thy hand of justice must be stretched out still ; let it i beseech thee be against me , and my fathers house ; as for these sheep , what have they done ? let my sufferings satiate the malice of mine , and thy churches enemies . but let their cruelty never exceed the measure of my charity . banish from me all thoughts of revenge , that i may not lose the reward , nor thou the glory of my patience . as thou givest me a heart to forgive them , so i beseech thee doe thou forgive what they have done against thee and me . and now , ô lord , as thou hast given me an heart to pray unto thee ; so hear and accept this vow , which i make before thee . if thou wilt in mercy remember me , and my kingdomes ; in continuing the light of thy gospell , and setling thy true religion among us . in restoring to us the benefit of the lawes , and the due execution of iustice. in suppressing the many schismes in church , and factions in state. if thou wilt restor● me and mine to the ancient rights and glory of my predecessours . if thou wilt turne the he●rts of my people to thy self in piety , to me in loyalty , and to one another in charity . if thou wilt quench the flames , and withdraw the fewell of these civill warres . if thou wilt blesse us with the freedome of publick counsels , and deliver the honour of parliaments from the insolencie of the vulgar . if thou wilt keep me from the great offence of enacting any thing against my conscience ; and especially from consenting to sacrilegious rapines , and spoilings of thy church . if thou wilt restore me to a capacity to glorifie thee in doing good , both to the church and state. then shall my soul praise thee , and magnifie thy name before my people . then shall thy glory be dearer to me then my crownes ; and the advancement of true religion both in purity and power be my chiefest care . then will i rule my people with iustice , and ●y kingdomes with equity . to thy more immediate hand shall i ever own as the rightfull succession , so the mercifull restauration of my kingdomes , and the glory of them . if thou wilt bring me again with peace , safety , and ●onour , to my chiefest city , and my parliament . if thou wilt againe put the sword of iustice into my hand to punish and protect . then will i make all the world to see , and my very enemies to enjoy the benefit of this vow and resolution of christian charity , which i now make unto thee o lord. as i doe freely pardon for christ's sake those that have offended me in any kind ; so my hand shall never be against any man to revenge what is past , in regard of any particular injury done to me . we have been mutually punished in our unnaturall divisions ; for thy sake o lord , and for the love of my redeemer , have i purposed this in my heart , that i will use all means in the waies of amnesty , and indempnity , which may most fully remove all feares , and bury all jealousies in forgetfulnesse . let thy mercies be toward me and mine , as my resolutions of truth and peace are toward my people . heare my prayer o lord , which goeth not out of fayned lips . blessed be god , who hath not turned away my prayer ; nor taken his mercy from me . o my soule , commit thy way to the lord , trust in him , and he shall bring it to passe . but if thou wilt not restore me and mine , what am i that i should charge thee foolishly ? thou o lord hast given , and thou hast taken , blessed be thy name . may my people and thy church be happy , if not by me , yet without me . . vpon the armies surprisall of the king at holmeby , and the ensuing distractions in the two houses , the army , and the city . what part god will have me now to act or suffer in this new and strange scene of affaires , i am not much solicitous ; some little practise will serve that man , who onely seeks to represent a part of honesty and honour . this surprize of me tells the world , that a king cannot be so low , but he is considera●le ; adding weight to that party where he appeares . this motion , like others of the times , seems excentrique and irregular , yet not well to be resisted or quieted : better swim down such a stream , than in vain to strive against it . these are but the struglings of those twins , which lately one womb enclosed , the younger striving to prevaile against the elder ; what the presbyterians have hunted after , the independents now seek to catch for themselves . so impossible is it for lines to be drawn from the center , and not to divide from each other , so much the wider , by how much they go farther from the point of union . that the builders of babel should from division fall to confusion , is no wonder ; but for those that pretend to build ierusalem , to divide their tongues and hands , is but an ill ●men ; and sounds too like the fury of those zealots , whose intestine bitternesse and divisions were the greatest occasion of the last fatall destruction of that city . well may i change my keepers and prison , but not my captive condition , onely with this hope of bettering , that those who are so much professed patrons for the peoples liberties , cannot be utterly against the liberty of their king ; what they demand for their owne consciences , they cannot in reason deny to mine . in this they seem more ingenuous , than ●●e presbyterian rigour , who , sometimes complaining of exacting their conformity to laws , are become the greatest exactors of other mens submission to their novell injunctions , before they are stamped with the authority of lawes , which they cannot well have without my con●ent . 't is a great argument , that the independents think themselves manumitted from their rivals service , in that they carry on a businesse of such consequence , as the assuming my person into the armies custody , without any commission , but that of their owne will and power . such as will thus adventure on a king , must not be thought over-modest , or timerous to carry on any designe they have a mind to . their next motion menaces , and scares both the two houses and the city : which soone after acting over again that former part of tumultuary motions , ( never questioned , punished , or repented ) must now suffer for both ; and see their former sinne in the glasse of the present terrours and distractions . no man is ●o blind as not to see here●n the hand of divine justice ; they that by tumults first occa●ioned the raising of armies , must now be chastened by their owne army for new tumults . ●o ha●dly can men be content with one ●in , but adde sin to sin , till the latter punish the former ; such as were content to see me and many members of both houses driven away by the first unsuppressed tumults , are now forced to flie to an army , or defend themselves against them . but who can unfold the riddle of some mens justice ? the members of both houses who at first withdrew , ( as my self was forced to doe ) from the rudenesse of the tumults , were counted desertors , and outed of their places in parliament . such as stayed then , and enjoyed the benefit of the tumults , were asserted for the onely parliament-men : now the fliers from , and forsakers of their places , carry the parliamentary power along with them ; complaine highly against the tumults , and vindicate themselves by an army : such as remained and kept their stations , are looked upon as abettors of tumultuary insolencies , and betrayers of the freedome and honour of parliament . thus is power above all rule , order , and law ; where men look more to present advantages than their consciences , and the unchangeable rules of justice ; while they are judges of others , they are forced to condemn themselves . now the plea against tumults holds good , the authours and abbettors of them are guilty of prodigious insolencies ; when as before , they were counted as friends and necessary a●sistants . i see vengeance pursues and overtakes ( as the mice and rats are said to have done a bishop in germany ) them that thought to have escaped and fortified themselves most impregnably against it , both by their multitude and compliance . whom the laws cannot , god will punish , by their owne crimes and hands . i cannot but observe this divine justice , yet with sorrow and pity ; for , i alwaies wished so well to parliament and city , that i was sorry to see them doe , or suffer , any thing unworthy such great & considerable bodies in this kingdome . i was glad to see them onely scared and humbled , not broken by that shaking : i never had so ill a thought of those cities as to despaire of their loyalty to me ; which mistakes might eclipse , but i never believed malice had quite put out . i pray god the storme be yet wholly passed over them ; upon whom i look , as christ did sometime over ierusalem , as objects of my prayers and teares , with compassionate griefe , foreseeing those severer ●catterings which will certainly befall such as wantonly refuse to be gathered to their duty : fatall blindnesse frequently attending and punishing wilfulnesse , so that men shall not be able at last to prevent their sorrows who would not timely repent of their sins ; nor shall they be suffered to enjoy the comforts , who securely neglect the counsels belonging to their peace . they will find that brethren in iniquity are not farre from becomming insolent enemies , there being nothing harder then to keep ill men long in one mind . nor is it possible to gaine a faire period for those notions which go rather in a round and circle of fansie , than in a right line of reason tending to the law , the onely center of publique consistency ; whither i pray god at last bring all sides . which will easily be done , when we shall fully see how much more happy we are , to be subject to the knowne laws , than to the various wils of any men , seem they never so plausible at first . vulgar compliance with any illegall and extravagant waies , like violent motions in nature , soon grows weary of it self , and ends in a refractory ●ullennesse : peoples rebounds are oft in their faces , who first put them upon those violent strokes . for the army ( which is so far excusable , as they act according to souldiers principles , and interests , demanding pay and indempnity ) i think it necessary , in order to the publike peace that they should be satisfied , as far as is just ; no man being more prone to consider them than my self : though they have fought against me , yet i cannot but so farre esteem that valour & gallantry they have sometime shewed , as to wish i may never want such men to maintain my selfe , my lawes , and my kingdoms , in such a peace , as wherein they may enjoy the●r share and proportion as much as any men . but thou , o lord , who art perfect unity in a sacred trinity , in mercy behold those , whom thy iustice hath divided . deliver me from the strivings of my people , and make me to see how much they need my prayers and pity , who agreed to fight against me , and yet are now ready to fight against one another● to the continuance of my kingdomes distractions . discover to all sides the waies of peace , from which they have swarved : which consists not in the divided wills of parties , but in the poin● and due observation of the lawes . make me willing to go whither thou wilt lead me by thy providence ; and be thou ever with me , that i may see thy constancy in the worlds var●ety and changes . make me even such as thou wouldst have me , that i may at last enjoy that safety and tranquillity which thou alone canst give me. divert , i pray thee , o lord , thy heavy wrath justly hanging over those populous cities , whose plenty is prone to adde fewell to their luxury , their wealth to make them wanton , their multitudes tempting them to security , & their security exposing them to unexpected miseries . give them eyes to see , hearts to consider , wils to embrace , and courage to act those things which belong to thy glory and the publique peace , lest their calamity come upon them as an armed man. teach them , that they cannot want enemies who abound in sinne , nor shall they be long undisarmed and un●destroyed , who with a high hand persisting to fight against thee and the cleare convictions of their owne consciences , fight more against themselves , than ever they did against me. their sinnes exposing them to thy iustice , their riches to others injuries , their number to tumults , and their tumults to confusion . though they have with much forwardnesse helped to destroy me , yet let not my fall be their ruine● let me not so much consider , either what they have done , or i have suffered , ( chiefly at first by them ) as to forget to imitate my crucified redeemer , to plead their ignorance for their pardon ; and in my dying extremities to pray to thee o father to forgive them , for they knew not what they did . the teares they have denied me in my saddest condition , give them grace to bestow upon themselves , who the lesse they were for me , the more cause they have to weep for themselves . o let not my bloud be upon them and their children , whom the fraud and faction of some , not the malice of all , have excited to crucifie me. but thou , o lord , canst , and wilt ( as thou didst my redeemer ) both exalt and perfect me by my sufferings , which have mo●e in them of thy mercy , than of mans cruelty or thy owne justice . . to the prince of vvales . son , if these papers , with some others , wherein i have set down the private reflections of my conscience , and my most impartiall thoughts , touching the chiefe passages , which have been most remarkable , or disputed in my late troubles , come to your hands , to whom they are chiefly designed ; they may be so far usefull to you , as to state your judgement aright in what hath passed ; whereof , a pious is the best use can be made ; and they may also give you some directions , how to remedy the present distempers , and prevent ( if god will ) the l●ke for time to come . it is some kind of deceiving and lessening the injury of my long restraint , when i find my leisure and solitude have produced something worthy of my self , and usefull to you ; that neither you , nor any other , may hereafter measure my cause by the successe ; nor my judgment of things by my misfortunes ; which i count the greater by farre , because they have so farre lighted upon you , and some others , whom i have most cause to love as well as my self ; and of whose unmerited sufferings i have a greater sense then of mine own . but this advantage of wisedome you have above most princes ; that you have begun , and now spent some yeares of discretion , in the experience of troubles , and exercise of patience , wherein piety , and all vertues , both morall and politicall , are commonly better planted to a thriving ( as trees set in winter ) then in the warmth , and serenity of times ; or amidst those delights , which usually attend princes courts in times of peace and plenty ; which are prone , either to root up all plants of true vertue and honour ; or to be contented only with some leaves , and withering formalities of them , without any reall fruits , such as tend to the publick good ; for which princes should alwayes remember they are born and by providence desig●ed . the evidence of which different education the holy writ affords us in the contemplation of david and rehoboam : the one prepared , by many afflictions for a flourishing kingdom , the other softned by the unparalel'd prosperity of solomons court ; and so corrupted to the great diminution , both for peace , honour , and kingdome , by those flatteries , which are as unseparable from prosperous princes , as flies are from fruit in summer ; whom adversity , like cold weather , drives away . i had rather you should be charles le bow , then le grand , good , then great ; i hope god hath designed you to be both , having so early put you into that exercise of his graces , and gifts bestowed upon you , which may best weed out all vicious inclinations , and dispose you to those princely endowments , and employments , which will most gain the love , and intend the welfare of those , over whom god shall place you . with god i would have you begin and end , who is king of kings ; the soveraign disposer of the kingdomes of the world , who pulleth downe one , and setteth up another . the best government , and highest soveraignty you can attain to is , to be subject to him , that the scepter of his word and spirit may rule in your heart . the true glory of princes consists in advancing gods glory in the maintenance of true religion , and the churches good ; also in the dispensation of civill power , with justice and honour to the publick peace . piety will make you prosperous ; at least it will keep you from being miserable ; nor is he much a loser , that loseth all , yet saveth his owne soule at last . to which center of true happinesse god , i trust , hath and will graciously direct all these black lines of affliction , which he hath been pleased to draw on me , and by which he hath ( i hope ) drawn me nearer to himself . you have already tasted of that cup whereof i have liberally drank , which i look upon as gods physick , having that in healthfulnesse which it wants in pleasure . above all , i would have you , as i hope you are already ; well-grounded and setled in your religion : the best profession of which , i have ever esteemed that of the church of england , in which you have been educated ; yet i would have your own judgement and reason now seal to that sacred bond which education hath written , that it may be judiciously your own religion , and not other mens custome or tradition , which you professe . in this i charge you to persevere , as comming nearest to gods word for doctrine , and to the primitive examples for government , with some little amendment , which i have other where expressed , and often offered , though in vain . your fixation in matters of religion will not be not more necessary for your soules then your kingdomes peace , when god shall bring you to them . for i have observed , that the devill of rebellion , doth commonly turn h●mself into an angell of reformation ; and the old serpent can pretend new lights : when some mens consciences accuse them for sedition and faction , they stop its mouth with the name and noise of religion ; when piety pleads for peace and patience , they cry out zeale . so that , unlesse in this point you be well setled , you shall never want temptations to destroy you and yours , under pretensions of reforming matters of religion ; for that seemes , even to worst men , as the best and most auspicious beginning of their worst designes . where , besides the novelty which is taking enough with the vulgar , every one hath an affectation , by seeming forward to an outward reformation of religion , to be thought zealous ; hoping to cover those irreligious deformities , whereto they are conscious by aseverity of censuring other mens opinions or actions . take heed of abetting any factions , or applying to any publick discriminations in matters of religion , contrary to what is in your judgement , and the church well setled ; your partiall adhering , as head , to any one side , gaines you not so great advantages in some mens hearts ( who are prone to be of their kings religion ) as it los●th you in others ; who think themselves , and their profession first despised , then persecuted by you : take such a course as may either w th calmnes & charity quite remove the seeming differences and offences by impartiality , or so order affaires in point of power that you shal not need to fear or flatter any faction . for if ever you stand in need of them , or must stand to their courtesie , you are undone : the serpent will devour the dove : you may never expect lesse of loyalty , justice , or humanity , than from those , who engage into religious rebellion ; their interest is alwaies made gods ; under the colours of piety , ambitious policies march , not onely with greatest security , but applause , as to the populacy ; you may heare from them iacob's voice , but you shall feele they have esau's hands . nothing seemed lesse considerable than the presbyterian faction in england , for many yeares ; so compliant they were to publique order : nor indeed was their party great either in church , or state , as to mens judgments : but as soone as discontents drave men into sidings ( as ill humours fall to the disaffected mart , which causes inflamations ) so did all , at first , who affected any novelties , adhere to that side , as the most remarkable and specious note of difference ( then ) in point of religion . all the lesser factions at first were o●ficious servants to presbytery their great master : till time and military successe discovering to each their peculiar advantages , invited them to part stakes , and leaving the joynt stock of uniforme religion , pretended each to drive for their party the trade of profits and pre●erments , to the breaking and undoing not onely of the church and state , but even of presbytery it self , which seemed and hoped at first to have ingrossed all . let nothing seem little or despicable to you in matters which concerne religion and the churches peace , so as to neglect a speedy reforming and effectuall suppressing errours & schismes , which seem at first but as a hand-bredth , by seditious spirits , as by strong winds are soon made to cover and darken the whole heaven . when you have done justice to god , your owne soule and his church , in the profession and preservation both of truth and unity in religion : the next main hinge on which your prosperity will depend , and move , is , that of civill justice , wherein the setled laws of these kingdomes , to which you are rightly heire , are the most excellent rules you can governe by ; which by an admirable temperament give very much to subjects industry , liberty , and happinesse ; and yet reserve enough to the majesty and prerogative of any king , who ownes his people as subjects , not as slaves ; whose subjection , as it preserves their property , peace , and safety , so it will never diminish your rights , nor their ingenuous liberties ; which consists in the enjoyment of the fruits of their industry , and the benefit of those lawes to which themselves have consented . never charge your head with such a crowne , as shall by its heavinesse oppresse the whole body , the weaknesse of whose parts cannot returne any thing of strength , honour , or safety , to the head , but a necessary debilitation and ruine . your prerogative is best shewed , and exercised in remitting , rather than exacting the rigor of the lawes ; there being nothing worse than legall tyranny . in these two points , the preservation of established religion , and lawes , i may ( without vanity ) turne the reproach of my sufferings , as to the worlds censure , into the honour of a kind of martyrdome , as to the testimony of my owne conscience ; the troublers of my kingdomes having nothing else to object against me but this , that i preferre religion , and lawes established before those alterations they propounded . and so indeed i doe , and ever shall , till i am convinced by better arguments , than what hitherto have been chiefly used towards me , tumults , armies , and prisons . i cannot yet learne that lesson , nor i hope ever will you , that it is safe for a king to gratifie any faction with the perturbation of the lawes , in which is wrapt up the publique interest , and the good of the community . how god will deale with me , as to the removall of these pressures , & indignities , which his justice by the very unjust hands of some of my subjects , hath been pleased to lay upon me , i cannot tell : nor am i much solicitous what wrong i suffer from men , while i retaine in my soule , what i believe is right before god. i have offered all for reformation and safety , that in reason , honour , and conscience i can ; reserving onely what i cannot consent unto , without an irreparable injury to my own soule , the church , and my people , and to you also , as the next and undoubted heire of my kingdomes . to which if the divine providence , to whom no difficulties are insuperable , shall in his due time after my decease bring you , as i hope he will ; my counsell and charge to you , is , that you seriously consider the former , reall , or objected miscarriages , which might occasion my troubles , that you may avoid them . never repose so much upon any mans single counsell , fidelity , and discretion , in managing affaires of the first magnitude , ( that is , matters of religion and justice ) as to create in your selfe , or others , a diffidence of your owne judgment , which is likely to be alwaies more constant & impartiall to the interests of your crowne and kingdome than any mans . next , beware of exasperating any factions by the crosnesse , and asperity of some mens passions , humours , or private opinions , imployed by you , grounded onely upon the differences in lesser matters , which are but the skirts and suburbs of religion . wherein a charitable connivence and christian toleration often dissipates their strength , whom rougher opposition fortifies ; and puts the despised and oppressed party , into such combinations , as may most enable them to get a full revenge on those they count their persecutors , who are commonly assisted by that vulgar commiseration , which attends all , that are said to suffer under the notion of religion . provided the differences amount not to an insolent opposition of lawes , and government , or religion established , as to the essentials of them , such motions and minings are intolerable . alwaies keep up solid piety , and those fundamentall truths ( which mend both hearts and lives of men ) with impartiall favour and justice . take heed that outward circumstances and formalities of religion devoure not all , or the best incouragements of learning , industry , and piety ; but with an equall eye , and impartiall hand , distribute favours and rewards to all men , as you find them for their reall goodnesse both in abilities and fidelity worthy and capable of them . this will be sure to gaine you the hearts of the best , and the most too ; who , though they be not good themselves , yet are glad to see the severer waies of virtue at any time sweetned by temporall rewards . i have , you see , conflicted with different and opposite factions ; ( for so i must needs call and count all those , that act not in any conformity to the lawes established , in church and state ) no sooner have they by force subdued what they counted their common enemy , ( that is , all those that adhered to the lawes , and to me ) and are secured from that feare , but they are divided to so high a rivalry , as sets them more at defiance against each other , than against their first antagonists . time will dissipate all factions , when once the rough hornes of private mens covetous and ambitious designes , shall discover themselves ; which were at first wrapt up & hidden under the soft and smooth pretensions of religion , reformation , and liberty : as the wolfe is not lesse cruell , so he will be more justly hated , when he shall appeare no better than a wolfe under sheeps cloathing . but as for the seduced traine of the vulgar , who in their simplicity follow those disguises ; my charge and counsell to you , is , that as you need no palliations for any designes , ( as other men ) so that you study really to exceed ( in true and constant demonstrations of goodnesse , piety , and virtue , towards the people ) even all those men , that make the greatest noise and ostentations of religion ; so you shall neither feare any detection , ( as they doe , who have but the face and maske of goodnesse ) nor shall you frustrate the just expectations of your people ; who cannot in reason promise themselves so much good from any subjects novelties , as from the vertuous constancy of their king● when these mountaines of congealed factions shall by the sunshine of gods mercy , and the splendor of your virtues be thawed and dissipated ; and the abused vulgar shall have learned , that none are greater oppressours of their estates , liberties , and consciences , than those men , that entitle themselves , the patrones and vindicators of them , onely to usurp power over them ; let then no passion betray you to any study of revenge upon those , whose owne sinne and folly will sufficiently punish them in due time . but as soone as the forked arrow of factious emulations is drawn out , use all princely arts , and clemency to heale the wounds ; that the smart of the cure may not equall the anguish of the hurt . i have offered acts of indempnity , and oblivion ; to so great a latitude , as may include all , that can but suspect themselves to be any way obnoxious to the laws ; and which might serve to exclude all future jealousies and insecurities . i would have you alwaies propense to the same way , when ever it shall be desired and accepted , let it be granted , not onely as an act of state-policy and necessity , but of christian charity and choice . it is all i have now left me , a power to forgive those , that have deprived me of all ; and i thanke god , i have a heart to doe it ; and joy as much in this grace , which god hath given me , as in all my former enjoyments ; for this is a greater argument of gods love to me , than any prosperity can be . be confident ( as i am ) that the most of all sides , who have done amisse , have done so , not out of malice , but mis-information , or mis-apprehension of things . none will be more loyall and faithfull to me and you , than those subjects , who sensible of their errours , and our injuries , will feel in their owne soules most vehement motives to repentance ; and earnest desires to make some reparations for their former defects . as your quality sets you beyond any duell with any subject ; so the noblenesse of your mind must raise you above the meditating any revenge , or executing your anger upon the many . the more conscious you shall be to your owne merits , upon your people , the more prone you will be to expect all love and loyalty from them ; and to inflict no punishment upon them for former miscarriages : you will have more inward complacency in pardoning one , than in punishing a thousand . this i write to you , not despairing of gods mercy , and my subjects affections towards you ; both which , i hope you will study to deserve , yet we cannot merit of god , but by his owne mercy . if god shall see fit to restore me , and you after me , to those enjoyments , which the lawes have assigned to us ; and no subjects without an high degree of guilt and sinne can devest us of ; then may i have better opportunity , when i shall be so happy to see you in peace , to let you more fully understand the things that belong to gods glory , your ow● honour , and the kingdoms peace . but if you never see my face againe , and god will have me buried in such a barbarous imprisonment & obscurity , ( which the perfecting some mens designs require ) wherein few hearts that love me are permitted to exchange a word , or a look with me ; i doe require and entreat you as your father , and your king , that you never suffer your heart to receive the least check against , or disaffection from the true religion established in the church of england . i tell you i have tried it , and after much search , and many disputes , have concluded it to be the best in the world ; not onely in the community , as christian , but also in the speciall notion , as reformed ; keeping the middle way between the pomp of superstitious tyranny , and the meannesse of fantastique anarchy . not but that ( the draught being excellent as to the maine , both for doctrine and government , in the church of england ) some lines , as in very good figures , may happily need some sweetning , or polishing ; which might ●ere have easily been done by a safe and gentle hand ; if some mens precipitancy had not ●●olently demanded such rude alterations , as w●●ld have quite destroyed all the beauty and proportions of the whole . the scandall of the late troubles , which some may object , and urge to you against the protestant religion established in england , is easily answered to them , or your owne thoughts in this , that scarce any one who hath been a beginner , or an active prosecutor of this late warre against the church , the lawes , and me , either was , or is a true lover , embracer , or practiser of the protestant religion , established in england : which neither gives such rules , nor ever before set such ●xamples . 't is true , some heretofore had the boldnesse to present threatning petitions to their princes and parliaments , which others of the same faction ( but of worse spirits ) have now put in execution : but let not counterfeit and disorderly zeale abate your value and esteem of true piety , both of them are to be knowne by their fruits ; the sweetnesse of the wine & fig-tree is not to be despised , though the brambles and thornes should pretend to beare figs and grapes , thereby to rule over the trees . nor would i have you to entertain any aver●ation , or dislike of parliaments ; which in their right constitution with freedome and honour , will never injure or diminish your greatnesse , but will rather be as interchangings of love , loyalty , and confidence , between a prince , and his people . nor would the events of this black parliament have been other than such ( however much biassed by factions in the elections ) if it had been preserved from the insolencies of popular dictates , and tumultuary impressions : the sad effects of which will no doubt , make all parliaments after this more cautious to preserve that freedome , and honour , which belongs to such assemblies ( when once they have fully shaken off this yoke of vulgar encroachment ) since the publique interest consists in the mutuall and common good both of prince and people . nothing can be more happy for all , than in faire , grave , and honourable waies to contribute their counsels in common● enacting all things by publique consent ; without tyranny or tumults . we must not starve our selves , because some men have ●urfeited of wholsome food . and if neither i , nor you , be ever restored to our rights , but god in his severest justice , w●ll punish my subjects with continuance in their sinne , and suffer them to be deluded with the prosperity of their wickednesse ; i hope god will give me , and you , that grace , which will teach and enable us , to want , as well as to weare a crowne , which is not worth taking up , or enjoying upon ●ordid , dishonourable , and irreligious tearms . keep you to true principles of piety , vertue , and honour , you shall never want a kingdome . a principall point of your honour will consist in your deferring all respect , love , and protection to your mother , my wife ; who hath many waies deserved well of me , and chiefly in this , that ( having been a means to bless● me with so many hopefull children ; ( all which , with their mother , i recommend to your love , and care ) she hath been content with incomparable magnanimity and patience to suffer both for , and with me , and you. my prayer to god almighty is● ( whatever becomes of me , who am , i thank god , wrapt up and fortified in my own innocency , and his grace ) that he would be pleased to make you an anchor , or harbour rather , to these tossed and weather-beaten kingdomes ; a repairer by your wisdome , justice , piety , and valour , of what , the folly and wickednesse of some men have so farre ruined , as to leave nothing entire in church or state ; to the crown , the nobility , the clergy , or the commons ; either as to lawes , liberties , estates , order , honour , conscience , or lives . when they have destroyed me , ( for i know not how farre god may permit the malice and cruelty of my enemies to proceed , and such apprehensions some mens words and actions have already given me ) as i doubt not but my bloud will cry aloud for vengeance to heaven ; so i beseech god not to poure out his wrath upon the generality of the people , who have either deserted me , or engaged against me , through the artifice and hypocrisie of their leaders , whose inward horrour will be their first tormenter , nor will they escape exemplary judgments . for those that loved me , i pray god , they may have no misse of me , when i am gone ; so much i wish and hope , that all good subjects may be satisfied with the blessings of your presence and virtues . for those that repent of any defects in their duty toward me , as i freely forgive them in the word of a christian king , so i believe you will find them truly zealous , to repay with interest that loyalty and love to you , which was due to me. in summe , what good i intended , doe you performe ; when god shall give you power : much good i have offered , more i purposed to church & state , if times had been capable of it . the deception will soone vanish , and the v●zards will fall off apace ; this maske of religion on the face of rebellion ( for so it now plainly appears , since my restraint and cruell usage , that they sought not for me , as was pretended ) will not long serve to hide some mens deformities . happy times , i hope , attend you , wherein your subjects ( by their miseries ) will have learned , that religion to their god , and loyalty to their king , cannot be parted without both their sin and their infelicity . i pray god blesse you , and establish your kingdomes in righteousnesse , your soule in true religion , and your honour in the love of god and your people . and if god will have disloyalty perfected by my destruction ; let my memory ever , with my name , live in you ; as of your father , that loves you : and once a king of three flourishing kingdomes ; whom god thought fit to honour , not onely with the scepter and government of them , but also with the suffering many indignities , and an untimely death for them ; while i studied to preserve the rights of the church , the power of the lawes , the honour of my crowne , the priviledge of parliaments , the liberties of my people , and my owne conscience , which , i thank god , is dearer to me than a thousand kingdomes . i know god can , i hope he yet will restore me to my rights . i cannot despaire either of his mercy , or of my peoples love and pity . at worst , i trust i shall but go before you to a better kingdome , which god hath prepared for me , and me for it , through my saviour jesus christ , to whose mercies i commend you and all mine . farewell , till we meet , if not on earth , yet in heaven . meditations upon death , after the votes of non-addresses , and his majesties closer imprisonment in carisbrooke-castle . as i have leisure enough , so i have cause more than enough , to meditate upon , and prepare for my death : for i know , there are but few steps between the prisons and graves of princes . it is gods indulgence , which gives me the space , but mans cruelty , that gives me the sad occasions for these thoughts . for , besides the common burthen of mo●tality , which lies upon me , as a man ; i now bear the heavy load of other mens ambitions , fears , jealousies , and cruell passions , whose envy or enmity against me makes their owne lifes seem deadly to them , while i enjoy any part of mine . i thank god , my prosperity made me not wholly a stranger to the contemplations of mortality : those are never unseasonable , since this is alwaies uncertaine : death being an eclipse , which oft happeneth as well in clear , as cloudy daies . but my now long and sharp adversity hath so reconciled in me those naturall antipathies between life and death , which are in all men , that i thank god , the common terrors of it are dispelled ; and the speciall horrour of it , as to my particular , much allayed : for , although my death at present may justly be represented to me with all those terrible aggravations , which the policy of cruell and implacable enemies can put upon it , ( affaires being drawn to the very dregs of malice ) yet i blesse god , i can look upon all those stings , as unpoysonous , though sharp ; since my redeemer hath either pulled them out , or given me the antidote of his death against them ; which as to the immaturity , unjustice , shame , scorne , and cruelty of it exceeded , whatever i can feare . indeed , i never did find so much , the life of religion , the feast of a good conscience , and the brazen wall of a judicious integrity and constancy , as since i came ●o these closer conflicts with the thoughts of death . i am not so old , as to be weary of life ; nor ( i hope ) so bad , as to be either afraid to die , or ashamed to live : true , i am so afflicted , as might make me sometime even desire to die ; if i did not consider , that it is the greatest glory of a christians life to daily● in conquering by a lively faith , and patient hopes of a better life , those partiall and quotidian deaths , which kill us ( as it were ) by piece-meales , and make us overlive our owne fates ; while we are deprived of health , honour , liberty , power , credit , safety , or estate ; and those other comforts of dearest relations , which are as the life of our lives . though , as a king , i think my self to live in nothing temporall so much , as in the love and good-will of my people ; for which , as i have suffered many deaths , so i hope i am not in that point as yet wholly dead : notwithstanding , my enemies have used all the poyson of falsity and violence of hostility to destroy , first the love and loyalty , which is in my subjects ; and then all that content of life in me , which from these i chiefly enjoyed . indeed , they have left me but little of life , and only the husk and shell ( as it were ) which their further malice and cruelty can take from me ; having bereaved me of all those worldly comforts , for which life it self seems desirable to men . but , o my soule ! think not that life too long , or tedious , wherein god gives thee any opportunities , if not to doe , yet to suffer with such christian patience and magnanimity in a good cause , as are the greatest honour of our lives , and the best improvement of our deaths . i know that in point of true christian valour , it argues pusillanimity to desire to die out of wearinesse of life ; and a want of that heroick greatnesse of spirit which becomes a christian in the patient and generous sustaining those afflictions , which as shadows necessarily attend us , while we are in this body ; and which are lessened or enlarged as the sun of our prosperity moves higher , or lower : whose totall absence is best recompensed with the dew of heaven . the assaults of affliction may be terrible , like sampson's lyon , but they yeild much sweetnesse to those , that dare to encounter and overcome them ; who know how to overlive the witherings of their gourds without discontent or peevishnesse , while they may yet converse with god. that i must die as a man , is certain ; that i may die a king , by the hands of my own subjects , a violent , sodain , and barbarous death ; in the strength of my years ; in the midst of my kingdoms ; my friends and loving subjects being helplesse spectators ; my enemies insolent revilers and triumphers over me , living , dying , and dead , is so probable in humane reason , that god hath taught me not to hope otherwise , as to mans cruelty ; however , i despaire not of gods infinite mercy . i know my life is the object of the devils & wicked mens malice ; but yet under gods sole custody & disposall : whom i do not think to flatter for longer life by seeming prepared to die ; but i humbly desire to depend upon him , & to submit to his will both in life & death , in what order soever he is pleased to lay them out to me. i confesse it is not easie for me to contend with those many horrours of death , wherewith god suffers me to be tempted ; which are equally horrid , either in the suddennesse of a barbarous assasination ; or in those greater formalities , whereby my enemies ( being more solemnly cruell ) will , it may be , seeke to adde ( as those did , who crucified christ ) the mockery of justice , to the cruelty of malice : that i may be destroyed , as with greater pomp and artifice , so with lesse pity , it will be but a necessary policy to make my death appeare as an act of ●ustice , done by subjects upon their soveraigne ; who know that no law of god or man invests them with any power of judicature without me , much lesse against me : and who , being sworn and bound by all that is sacred before god and man , to endeavour my preservation , must pretend justice to cover their perjury . it is , indeed , a sad fate for any man to have his enemies to be accusers , parties , and judges ; but most desperate , when this is acted by the insolence of subjects against their soveraigne ; wherein those , who have had the chiefest hand , and are most guilty of contriving the publique troubles , must by shedding my bloud seem to wash their own hands of that innocent bloud , whereof they are now most evidently guilty before god and man ; and i believe in their owne consciences too , while they carried on unreasonable demands , first by tumults , after by armies . nothing makes meane spirits more cowardly-cruell in managing their usurped power against their lawfull superiours , than this , the guilt of their unjust usurpation ; notwithstanding , those specious and popular pretensions of justice against delinquents , applied onely to disguise at first the monstrousnesse of their designes , who despaired , indeed , of possessing the power and profits of the vineyard , till the heire , whose right it is , be cast out and slaine . with them , my greatest fault must be , that i would not either destroy my selfe with the church and state by my word , or not suffer them to doe it unresisted by the sword ; whose covetous ambition no concessions of mine could ever yet , either satisfie , or abate . nor is it likely they will ever think , that kingdome of brambles , which some men seek to erect ( at once , weak , sharp , and fruitlesse , either to god or man ) is like to thrive till watered with the royall bloud of those , whose right the kingdome is . well , gods will be done , i doubt not but my innocency will find him both my protectour , and my advocate , who is my onely judge , whom i owne as king of kings , not onely for the eminency of his power and majesty above them ; but also for that singular care and protection , which he hath over them : who knows them to be exposed to as many dangers ( being the greatest patrones of law , justice , order , and religion on earth ) as there be either men or devils , which love confusion . nor will he suffer those men long to prosper in their babel , who build it with the bones and cement it with the bloud of their kings . i am confident they will find avengers of my death among themselves : the injuries i have sustained from them shall be first punished by them , who agreed in nothing so much as in opposing me. their impatience to beare the loud cry of my bloud , shall make them think no way better to expiate it , than by shedding theirs , who with them , most thirsted after mine . the sad confusions following my destruction , are already presaged and confirmed to me by those i have lived to see since my troubles ; in which , god alone ( who onely could ) hath many waies pleaded my cause ; not suffering them to go unpunished , whose confederacy in sinne was their onely security ; who have cause to feare that god will both further divide , and by mutuall vengeance , afterward destroy them . my greatest conquest of death is from the power and love of christ , who hath swallow'd up death in the victory of his resurrection , and the glory of his ascension . my next comfort is , that he gives me not onely the honour to imitate his example in suffering for righteousnesse sake , ( though obscured by the foulest charges of tyranny and injustice ) but also , that charity , which is the noblest revenge upon , and victory over my destroyers : by which , i thank god , i can both forgive them , and pray for them , that god would not impute my bloud to them further then to convince them , what need they have of christs bloud to wash their soules from the guilt of shedding mine . at present , the will of my enemies seems to be their onely rule , their power the measure , and their successe the exactor , of what they please to call justice ; while they flatter themselves with the fancy of their owne safety by my danger , and the security of their lives designes by my death : forgetting , that as the greatest temptations to sinne are wrapped up in seeming prosperities , so the severest vengeances of god are then most accomplished , when men are suffered to compleat their wicked purposes . i blesse god , i pray not so much , that this bitter cup of a violent death may passe from me , as that of his wrath may passe from all those , whose hands by deserting me , are sprinkled , or by acting and consenting to my death are embrued with my bloud . the will of god hath confined , and concluded mine ; i shall have the pleasure of dying , without any pleasure of desired vengeance . this i think becomes a christian toward his enemies , and a king toward his subjects . they cannot deprive me of more than i am content to lose , when god sees fit by their hands to take it from me ; whose mercy i believe , will more then infinitely recompence what ever by mans injustice he is pleased to deprive me of . the glory attending my death will farre surpasse all i could enjoy , or conceive in life . i shall not want the heavy and envied crownes of this world , when my god hath mercifully crowned and consummated his graces with glory ; and exchanged the shadows of my earthly kingdomes among men , for the substance of that heavenly kingdome with himself . for the censures of the world ; i know the sharp and necessary tyranny of my destroyers will sufficiently confute the calumnies of tyranny against me ; i am perswaded i am happy in the judicious love of the ablest and best of my subjects , who doe not onely pity and pray for me , but would be content even to die with me , or for me . these know , how to excuse my failings , as a man , and yet to retaine , and pay their duty to me as their king ; there being no religious necessity binding any subjects by pretending to punish , infinitely to exceed , the faults and errours of their princes ; especially there , where more then sufficient satisfaction hath been made to the publike ; the enjoyment of which , private ambitions have hitherto frustrated . others , i believe , of sof●er tempers , and lesse advantaged by my ruine , doe already feel sharp convictions , and some remo●se in their consciences ; where they cannot but see the proportions of their evill dealings against me in the measure of gods retaliations upon them , who cannot hope long to enjoy their owne thumbs and toes , having under pretence of paring others nailes been so cruell as to cut off their chiefest strength . the punishment of the more insolent and obstinate may be l●ke that of korah & his complices ( at once mutining against both prince & priest ) in such a method of divine justice , as is not ordinary ; the earth of the lowest and meanest people opening upon them , and swallowing them up in a just disdaine of their ill-gotten and worse-used authority : upon whose support and strength they chiefly depended for their building and establishing their designes against me , the church , and state. my chiefest comfort in death consists in my peace , which i trust , is made with god ; before whose exact tribunal i shall not feare to appeare , as to the cause so long disputed by the sword , between me and my causlesse enemies : where i doubt not , but his righteous judgment will confute their fallacy , who from worldly successe ( rather like sophisters , than sound christians ) draw those popular conclusions for gods approbation of their actions ; whose wise providence ( we know ) oft permits many events , which his revealed word ( the onely cleare , safe and fixed rule of good actions and good consciences ) in no sort approves . i am confident the justice of my cause , and clearness of my conscience before god & toward my people will carry me , as much above them in gods decision , as their successes have lifted them above me in the vulgar opinion : who consider not , that many times those undertakings of men are lifted up to heaven in the prosperity and applause of the world , whose rise is from hell , as to the injuriousnesse and oppression of the designe . the prosperous winds which oft fill the sayles of pirats , doth not justifie their piracy and rapine . i look upon it with infinite more content and quiet of soule , to have been worsted in my enforced contestation for , and vindication of the laws of the land , the freedome and honour of parliaments , the rights of my crown , the just liberty of my subjects , and the true christian religion in its doctrine , government and due encouragements , then if i had , with the greatest advantages of successe , overborne them all ; as some men have now evidently done , whatever designes they at first pretended . the prayers and patience of my friends and loving subjects will contribute much to the sweetning of this bitter cup , which i doubt not but i shall more cheerfully take , and drink as from gods hand ( if it must be so ) than they can give it to me , whose hands are unjustly and barbarously lifted up aga●nst me . and , as to the last event , i may seem to owe more to my enemies , than my friends ; while those will put a period to the sinnes and sorrows attending this miserable life ; wherewith these desire , i might still contend . i shall be more than conquerour through christ enabling me ; for whom i have hitherto suffered : as he is the authour of truth , order , and peace ; for all which , i have been forced to contend against errour , faction , and confusion . if i must suffer a violent death , with my saviour , it is but mortality crowned with martyrdome● where the debt of death , which i owe for sinne to nature , shall be raised , as a gift of faith and patience offered to god. which i humbly beseech him mercifully to accept ; and although death be the wages of my owne sinne , as from god , and the effect of others sinnes , as men , both against god and me ; yet as i hope my own sinnes are so remitted , that they shall be no ingredients to imbitter the cup of my death , so i desire god to pardon their sins , who are most guilty of my destruction . the trophees of my charity will be more glorious and durable over them , than their ill-managed victories over me . though their sin be prosperous , yet they had need to be penitent , that they may be pardoned : both which , i pray god they may obtain ; that my temporall death unjustly inflicted by them , may not be revenged by gods just inflicting eternall death upon them : for i look upon the temporall destruction of the greatest king , as far lesse deprecable , than the eternall damnation of the meanest subject . nor do i wish other , than the safe bringing of the ship to shore , when they have cast me overboard ; though it be very strange , that mariners can find no other means to appease the storme , themselves have raised , but by drowning their pilot. i thank god , my enemies cruelty cannot prevent my preparation ; whose malice in this i shall defeat , that they shall not have the satisfaction to have destroyed my soul with my body ; of whose salvation , while some of them have themselves seemed , and taught others to despaire , they have only discover'd this , that they do not much desire it . whose uncharitable and cruell restraints , denying me even the assistance of any of my chaplains , hath rather enlarged , than any way obstructed my accesse to the throne of heaven . where thou dwellest , o king of kings ; who fillest heaven and earth , who art the fountaine of eternall life , in whom is no shadow of death . thou o god art both the just afflicter of death upon us , and the mercifull saviour of us in it , and from it . yea , it is better for us to be dead to our selves , ●nd live in thee ; than by living in our selves to be deprived of thee . o make the many bitter aggravations of my death as a man , and a king , the opportunities and advantages of thy speciall graces and comf●rts in my soule , as a christian. if thou lord wilt be with me , i shall neither feare nor feel any evill , though i walke through the valley of the shadow of death . to cont●nd with death is the worke of a weake and mortall m●n ; to overcome it , is the grace of thee alone , who art the almighty and immortall god. o my saviour , who knowest what it is to die with me , as a man ; make me to know what it is to passe through death to life with thee my god. though i die , yet i know , that thou my redee●er livest for ever : though thou slayest me , yet thou hast incouraged me to trust in thee for eternall life . o withdraw not thy favour from me , which is ●●tter than life . o be not farre from me , for i know not how neer a violent and cruell death is to me . as thy omniscience , o god , discovers , so thy omnipotence can defeat the designes of those , who have , or shall conspire my destruction . o shew me the goodnesse of thy will , through the wickednesse of theirs . thou givest me leave ●s a man to pray , that this cup may passe from me ; but thou hast taught me as a christian by the example of christ t● adde , not my will , but thine be done . yea lord , let our wills be one , by wholly resolving mine into thine : let not the desire ●f life in me be so great , as that of doing or suffering thy ●ill in either life or death . as i believe thou hast forgiven all the errours of my life , so i hope thou wilt save me from the terrours of my death . make me content to leave the worlds nothing , that i may come really t● enjoy all in thee , wh● hast made christ unto me in life , gaine ; and in death , advantage . though my destroyers forget their duty t● thee and me , yet doe not thou , o l●rd , forget to be mercifull to them . for , what profit is there in my bloud , or in their gaining my kingdomes , if they lose their owne s●ules ? such as have not onely resisted my just power , but wholly usurped and turned it against my self , though they may deserve , yet let them not receive to themselves damna●ion . thou madest thy sonne a saviour to many , that crucified him , while at once he suffered violently by them , and yet willingly for them . o let the voice of his bloud be heard for my murtherers , louder than the cry of mine against them . prepare them for thy mercy by due convicti●ns of their sinne , and let them not at once deceive and damne thei● owne soules by fallacious pretensions of iustice in destroying me , while the conscience of their unjust usurpation of power against me , chiefly tempts them to use all extremities against me . o lord , thou knowest i have found their mercies to me as very false , so very cruell ; who pretending to preserve me , have meditated nothing but my ruine . o deale not with them as bloud-thirsty and de●eitfull men ; but overcome their cruelty with thy compassion and my charity . and when thou makest inquisition for my bloud , o sprinkle their polluted , yet penitent soules with the bloud of thy sonne , that thy destroying angel may passe over them . though they think my kingdomes on earth too little to entertaine at once both them and me , yet let the capacious kingdome of thy infinite mercy at last receive both me and my enemies . when being reconciled to thee in the bloud of the same redeemer , we shall live farre above these ambitious desires , which beget such mortall enmities . when their hands shall be heaviest , and cruellest upon me , o let me fall into the armes of thy tender and eternall mercies . that what is cut off my life in this miserable moment , may be repaied in thy ever-blessed eternity . lord , let thy servant depart in peace , for my eyes have seen thy salvation . vota dabunt , quae bella negârunt . finis . the machavilian cromwellist and hypocritical perfidious new statist discovering the most detestable falshood, dissimulation and machavilian practices of l. g. cromvvel and his confederates, whereby they have a long time abused and cheated both the houses, city and country; and the wicked and treasonable things they have done, and unwarrantable means they have used, to carry on their own ambitious designs. prynne, william, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing p a thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) the machavilian cromwellist and hypocritical perfidious new statist discovering the most detestable falshood, dissimulation and machavilian practices of l. g. cromvvel and his confederates, whereby they have a long time abused and cheated both the houses, city and country; and the wicked and treasonable things they have done, and unwarrantable means they have used, to carry on their own ambitious designs. prynne, william, - . , [ ] p. s.n.], [london : printed in the year . anonymous; attributed to william prynne. place of publication from wing. annotations on thomason copy: "jan: th "; the " " in the imprint has been crossed out. reproduction of the original in the british library. eng cromwell, oliver, - -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason e _ ). civilwar no the machavilian cromwellist and hypocritical perfidious new statist: discovering the most detestable falshood, dissimulation and machavilia prynne, william f the rate of defects per , words puts this text in the f category of texts with or more defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion the machivilian cromwellist and hypocritical perfidious new statist : discovering the most detestable falshood , dissimulation and machivilian practises of l. g. cromvvel and his confederates , whereby they have a long time abused and cheated both the houses , city and country ; and the wicked and treasonable things they have done , and unwarrantable means they have used to carry on their own ambitious designs . jan : th printed in the year , . the machivilian cromwellist and hypocritical perfidious new statist . the machivilian practises and jesuitical policies of the cromwellists and independent confederacy , in the houses , army , city and country , to accomplish their own ambitious ends , and engross all power into their own hands , by wicked , unjust , and most diabolical means , have been sufficiently laid open to the world by mr edwards in his gangraenaes ; and their own champion , iohn lilburn , in his i●glers discovered , his letters to cromwel and others ; the anatomy of the army ; the grand design or discovery of that form of slavery intended , and in part brought upon the free people of england , by a powerful party in the parliament , and l. g. cromwel , commissary general ireton , and others of that faction in the army ; tending to the utter ruine and inslaving of the english nation : and by other late printed papers of their own friends , the agitators in the army and city , who charge the head of that faction cromwel ( cryed up for the holiest saint on earth without the least dissimulation , guile or falshood ) with these remarkable treasonable hypocrisies and contradictions , detestable both to god and men . . with making many solemn and deep protestations in the house of commons , in the presence of almighty god , upon his faith and honor , that the army should really disband when ●ver the house should give but the least order or intimation ; and yet at the same time giving secret order and directions to his creatures in the army , not to disband upon any terms , but to keep together and march up to london to force the hous●● and city , and compel them by fear to comply with all his unjust desires and designs . . with plotting and ordering in his own lodgings , at a great meeting there on monday night before whitsonday last , the securing of the garrison , magazine , and train of artillery at oxford ▪ seising the kings own person at holdenby , and removing him thence into the army ; and giving order to cornet i●yce , with is much speed and se●recy as might be , to effect it ; which he accordingly did by his special direction ; and yet like a subtil fox ▪ prote●ted to the hous● , the king and others , that it was done both without his knowledg and approbation . . with impeaching the xi members , and pressing theirs and o●hers suspent●on from the house before any charge or proof of guilt ( contrary to all law , all rules of iustice ▪ and the houses votes ) only to strengthen his own faction in the house , though he knew and acknowledged them to be innocent of the crimes pretended , in private : and yet exhibiting and printing a most false and scandalous charge against them , to wound their reputations in publick , by charging them with such crimes , of which he knew himself more guilty then they . with charging the wel-affecting lords and commons , who continued sitting and acting in the houses , when the speakers and some members ( under pretext of a force past and ended some two or three days before their departing thence ) by his solications and menaces treacherously withdrew themselves from the houses to the army ; and the militia , common councel , and citizens of london , for providing only for their own self-defence by votes and ordinances of both houses ; with no less then treason , in levying a new war against the king . parliament and kingdom : when as he and his confederates only were truly guilty of it , both in seising upon the kings own person and rescu●ng him from the commissioners of both houses by a strong party of the army ; in causing the whole army to march up to london in a warlike and assailing posture against the houses express orders , and forcing them to repeal their votes , ordinances , and yeeld up their members to their fury ; and after that , in marching up with the army it self to the houses doors , and city , in triumph , against the houses express letters and orders , with the fugitive members whom they engaged to live and dye with them in that quarrel , and in possessing themselves of all the works and forts about westminster and of the tower of london , removing the city guards , and setting new of their own upon the h●uses ; marching through the city with their whole army , like conquerors , and then throwing down their line and forts , fi●st raised for the houses defence , in a most scornful manner , and bele●guring the dis●rmed king , city and houses ever since , with the whole body of the army ( which they have doubly rec●uited to the peoples infinite oppression ) to captivate them all to their tyrannical pleasures : which is a treasonable levying of war , and high treason in good earnest , uncapable of excuse , transcending that of the impeached members and cit●zens . . with forcing the houses to pass an ordinance , on the . of august last , for declaring all votes , orders and ordinances , passed in one or both houses , since the force on both houses , iuly the . until the . of august , to be null and voyd ; by reason of a force upon the house of commons , by a company of unarmed boys and apprentice● , only on iuly . towards the evening ; who vanished that night and never appeared after : notwithstanding the speaker and commons house met and sate the very n●xt morning without any disturbance , met securely a● the f●st the n●x● day in margarets church , where the speaker protested , against the honor of his going to the army under pretext of this forc● , as a most dishonorable and unworthy act , which he would rather dye in the house , then be guilty of , to sir ralph ashton and other● ; and the friday following most of the memb●rs met , elected a new speaker , and voted and sate without the least violence or disturb●nce from the city ; til the sixth of august , and passed all votes , o●ders and ordinances , freely without any colour of force ; upon which grounds this ordinance of repeal , after long debate ▪ was by the major voyce of the commons house passed four or five times in the negative , and layd aside , and so ought not by the rules of parliament or justic● to be revived . and yet he and his confederates enforce the houses to pass this repealing ordinance upon a meet pretence of force , by a f●r greater armed force and violence then that of the apprentices , which they made the only ground of this ordinance of nullity and repeal , enforced to pass against the haire in this manner . first , by a treasonable remonstrance from his evcellency sir thomas fairfax and the army under his command , sent to the houses from the head-quarters at kingston , august . ( but dated the . ) in which p. . they take notice of the commons carrying it in the negative against this nulling ordinance , and thereupon used such high and treasonable menaces and expressions against the members continuing in it during the speakers absence , as no age nor persons ever heard or read the like ; threatning to take them as prisoners of war , and try them by martial law ; inhibiting them or any of them , to intrude themselves to sit in parliament , til they had cleared themselves from giving their assent to any of the votes , orders or ordinances , past in the speakers absence , and to take speedy and effectual courses to restrain them from being their own , theirs , and the kingdoms iudges , and to bring them to condign punishment . secondly , they put double guards the next day upon both houses , who openly threatned at the doors , to pull out all the members by head and shoulders that sate and voted in the speakers absence , if they presumed to intrude themselves , or but enter into the house ; whereupon more members by fear refr●ined the house , and went presently out of london , then those who fled to the army . thirdly , all the officers , that were members , came that morning from the army into the house , where cromwel and they made very high and menacing speech●s which da●nted many . fourthly , colonel desborough came with a party of horse drawn up in a body to hidepark-corner , threatning to force both the houses and members , if this ordinance passed not . and by this treasonable force , ●ractise and declaration , was this nullifying ordinance , against a thousand-fold less force , forced to pass the house when thin ●nd empty , by head and shoulders , against the rules and freedom of parliaments , through a thin house of commons , wh●n most of the members were kept and driven away forcibly from it , by the whole army and their guards , and to evidence to all the world & posterity , that this ordinance was wrested from the houses by meer violence , it was even then by special order of the houses , printed and published with that treasonable thundering declaration against the house and members which procured it ; dated the , sent the , of august , and read that day and the next in the houses , and the same day ( being the th ) compelled the house to pass it . which ordinance declaring all votes , orders and ordinances of one or both houses to be null and voyd , if procured by force , being thus more forcibly procured then any it repe●lled , must needs be felo de se , and declare it self to be more voyd and null then they ; which being for the most part made , when the houses were free by a unanimous vote , without any division of the houses , will remain firm and valid ; notwithstanding this new forc●d ordinance , promoted and carried on , ●il i passed with greater force then any it repeals . besides these detestable machivilian and hipocritical practises of cromwel and his confederat●s , be pleased to consider only of three or four more ; which wil manifest them the greatest machivillists and hipocrites under heaven , never to be credited or confided in hereafter . . the first is , his gulling and deluding his own confederates and creatures , the busie agitators imployed by him , to mutiny the army into publike rebellion ; who underwent the greatest adventure with the hazard of their necks , to accomplish his designs upon the king , parliament and city , who having served his turn ; he now most ung●atefully casheers , and endeavours to suppress , ●postatizing from his first principles and pretences of seeking the kingdoms welfare and peoples freedom , to advance himself , his kindered and allies , though with the kingdoms and agitators ruin , playing the meer jugler , and hocus-pocus with them ; as their advocates , lilburn , henry martin , scot and rainsborough complain most bitterly , and others of their fraternity , in sundry of their pasquills . . the d is , his and his confed●rates treachery and villany towards the lord mayor , alder●en and imprisoned citizens of london , to whom though they promised all fair quarter indempnity and security of their first approaches to , and match through the city in triumph ; yet soon after they cause them suddenly to be impeached of high treason , committed to the tower and other prisons ; expell the recorder ( without any legal proof or hearing , from a sudden report from a packed committee of those who engaged with the army ) out of the house , and send him to the tower to accompany the mayor and aldermen , where they yet detain them prisoners without any further prosecution ; and all this to bring in an independent lord mayor , aldermen , and others of their own f●ction , into their pl●ces , and keep them from acting in the city , and being chosen into publike offices ; in pursuance of which design , he and they have endeavoured , and lately threatned , to bring up the army to quarter in the city this winter , under pretext of levying arrears ; but in truth to bring in what common-councel-men , and other officers they pleased , of their own faction , upon the new elections , and make allen and e●●wick aldermen ; that being prevented of this design , mr speaker must discover a new plot to seize upon the tower by a company of horse and foot ( who must drop out of the clouds ) & the houses too ; to bring up the army to guard them til the new elections be past . but this not taking , and proving as false as he that discovered it , there upon a new ordinance must be suddainly drawn up , and passed in a moment before any notice of it , to deprive the city and citizens of their free elections of their city officers and common councell men , and make many of the best affected among them , who had any hand in the cities engagement &c. uncapable to be elected themselves , or give any voyce in the election of others ; to exclude the presbyterians and anti-sectarists , and bring in a new independent recruit of cromwels and the armies confederates , to undo and betray the city , parliament and kingdom , and enthrall them to their bondage ; which their confederacies , engagements and treasons against the king , houses , city and kingdom , must make them capable of all offices and preferments , and disable them from none . . the d is ▪ his and his confederates in the armies damn●ble hypocrisie and dissimulation ▪ both towards the houses , city and country , and ●eer che●ting them of their money ●nd free quarter . at first he and th●y pretended , that if the houses and city advanced but so many moneths pay for the souldiers , they should all presently disband , and not trouble the country more with free quarter or taxes , and that they would pay their quarters out of it . whereupon the pay desired , was sent and received , and yet never a souldier disbanded , but new recruits , even of cavaleers against the parliament , entertained without the houses order , nay against it ; and no quarters at all discharged : since which , upon sundry complaints of the countries oppression by free quarter , they have four or five several times , at least upon receipt of so many weeks pay set down , faithfully engaged to disb●nd their supernumer●ry forces , lessen the army , and pay their quarters ; yet no sooner is the money desired , received ▪ but they refuse to do either , and grow more high and insolent in their demands then ever ▪ and more oppressive to the country . at the last general r●nd●zvouz ▪ they made the like promise of disbanding and paying quarters , upon the recipt of forty thousand pounds , which with much difficulty was procured and sent ( though the forces in ireland , in great want , and a●●●uall hard service against the rebels , are like to perish for want of pay , while these idle droans devour all the money the houses can rake up by any means ) and thereupon some supernumerary forces and recruits were actually disbanded , and word sent of it to the house ▪ but within a day or two they were all ag●in entertained , and others to boot , by ord●r from the general and councell of war , co●rary to their e●gagement , and the houses order ; and not one penny payd the country for ●●ee quarter● and within two or three days after , a new repres●ntation ( ful of arrogancy and insufferable language ) must be sent ▪ to the houses , wherein they demand the sixty thousand pounds monethly tax , to be augmented to one hundred thousand ; justify their not disba●ding the supernumeraries , augmented by them now to such a number ▪ that the whole kingdom can neither pay , nor qu●rter them without ruin . and now they make dem●nds of new sums , and then th●y wil obey the houses orders just as they did before ; and thus they cheat the parliament , city and country of their money , and free quarter too ; and though they pretend themselves no mercenary people , but publike spirited saints , who regard no pay but higher ends ; yet they stick not impudently to press the houses over and over , against their votes , and vote it in their councel of war in opposition to all the houses ; that all deans and chapters , lands , forrest-lands , the remainder of bishops lands sh●l be sold , the fines of the impeached cit●zens , and lords ( whose only treason is , that they are rich and faithful to their country , and opposite to their real treasons ) and the third pa●t of all delinquents , of the exc●se too , in course , designed for payment of their pretended arrears , since their refusal to disb●nd ▪ and yet must have one hundered thousand pounds a moneth levyed on the kingdom , besides , for present pay , to maintain them in their mutinies and rebellions , and ruin the parliament , king , kingdom , and dying ireland . . his detestable malicious charg●ng the xi impeached members most falsly , with * holding private intelligence with the kings party , drawing up and sending propositions privately to the king , for settling of a peace without the houses privity ; holding correspondency with disaffected persons , to put conditions up-the parliament , and bring in the king upon their own terms ; undertaking to do more for the king then the army would do ; obstructing the relief of ireland , favouring delinquents and malignants , giving no accompt for the great summes of money they received , driven away the parliament members . and thereupon by violent m●ans enforced them to quit the house ( and some of them the kingdom too ) though innocent , and not convicted of any of those crimes . and yet himself and his creatures in the army , at the self same time and ever since , holding private intelligence with the king and his party ; admitting them into the armies quarters , and there keeping cabinet counsels with the chiefest of them , drawing up , and sending propositions privatly to the king without the houses privity ▪ holding correspondency with sir edw. ford , sir iohn bently ashburnham , legg● , dr hammond , dr sheldon , and other desperate malignants , and confederating with them to put conditions on the houses , and bring in the king upon his own terms ; undertaking to do more for the king then the scots or presbyterians , removing him from hampton court to the isle of wight ( put into the hands of colonel hammond for that purpose some moneths before ) to accomplish his designs the better ; obstructed irelands relief bo●h with men and money almost a year together , and intercepting all the moneys , that should now supply the pressing necessities , to pay his mutinous idle army , for undoing the k●ngdom and eating out the country ▪ pleaded openly in the house for the exemption of the greatest malignants in arms out of the first and second articles , because the army had ( without the houses privity ) engaged to mitigate their fines and interceed in their favor , though they aggravate the pretended offences of the injuriously impeached lords and citizens to the highest , pressed their exemption out of the general pardon and act of oblivion ; and desire the confiscation of their whole estates : hath hither●o given no accompt of the vast sums of money , horse and arms he hath received from the state , professing that he cannot do it : and driven many of the faithfullest parliament members both out of the house and king●om . and therefore deserves to be susp●nded , imprisoned , cast out of the house , and driven out of the kingdom as a most treacherous impostor and traytor to the parliament , city and kingdom , whose ruine he endevors , to prevent his own . this is the faith , honesty , sincerity and plain dealing of these cromwellists and machivilian saints ; the infamy of the gospel ; the shame of christianity ; the sinks of all hypocrisie , fraud and treachery , and unsatiable gulfs of avarice , whose consciences are now so free and large , that they can swallow down the g●eatest sins , contrive and carry on the gross●st villanies and treasons against their king and country , church and state ; betray and impe●ch their best and dearest friends , blow up parliaments , make use of any iesuitical policies , an●unlawful means and instruments , to accomplish their exemplary , temporal and eternal ruine , if they repent not speedily , which god give them grace to do in time . finis . notes, typically marginal, from the original text notes for div a e- * the particular charge of the army . a copy of the foure reasons to diswade the king from his journey into scotland for fourteene dayes longer delivered by mr. hollis to the lords at a conference, august . england and wales. parliament. house of commons. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing c ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing c estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a copy of the foure reasons to diswade the king from his journey into scotland for fourteene dayes longer delivered by mr. hollis to the lords at a conference, august . england and wales. parliament. house of commons. sheet ([ ] p.). s.n.], [s.l. : printed in the yeare, . reproduction of original in bodleian library. eng great britain -- history -- charles i, - . great britain -- politics and government -- - . a r (wing c ). civilwar no a copy of the foure reasons to diswade the king from his journey into scotland for fourteene dayes longer delivered by mr. hollis to the lor england and wales. parliament. house of commons a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion honi soit qvi mal y pense royal blazon or coat of arms a copy of the foure reasons to diswade the king from his journey into scotland for fourteene dayes longer . delivered by mr. hollis to the lords at a conference , . august . m. hollis went up to the lords with this conference from the house of commons . i am commanded to put you in mind what hath passed upon this occasion before , concerning the kings journey to scotland , that both houses did petition his majesty not to begin his journey till the tenth of august , and to acquaint the scots commissioners therewith , who afterwards desired this house to expresse their resolutions in the affirmative , upon which the house of commons passed a resolution , that then if his majesty pleased to goe , they would submit unto it . i am commanded to declare unto your lordships that the house of commons is desirous to submit unto his majesties good pleasure in all things : but such is the present condition of this businesse , as it now standeth ; that they are enforced to present some further considerations to your lordships . first , that when they gave this assent , they were in hope both armies would have been disbanded by that time ; but though there hath been all possible meanes used to that end , yet it could not be effected : so the same inconvenience doth still continue . secondly , the treaty cannot in so short a time be finished , being returned from scotland but three dayes since : but since it is ready to be finished , and moneys are provided , the armies will be disbanded by that time we desire his majesty to take his journey . thirdly , the distempers and jealousies of the kingdome are such that they cannot be composed by passing some act , unlesse his majesty stay the desired time . fourthly , no course is yet taken for the government of the kingdome in his majesties absence , there being so many weighty things to be taken into consideration . upon these reasons the house of commons have thought fit to move your lordships to joyne with us in a petition to his majesty to stay his journey for . dayes longer , and we make no doubt but our brethren in scotland will consider the streight we are in , and for our safety condescend to our desires . and if his majesty yeeld thereunto , then we shall desire your lordships to joyne with us by some expresse messenger to the parliament in scotland for the kings stay for that time , which we hope will give them satisfaction . printed in the yeare , . nevv matters of high and great consequence, printed the twelfth of march, anno ... this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing c a). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing c a estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) nevv matters of high and great consequence, printed the twelfth of march, anno ... england and wales. parliament. england and wales. sovereign ( - : charles i) [ ] p. for francis coules and thomas bankes, printed at london : . reproduction of original in the harvard university library. (from t.p.) . his majesties speech to the committee the ninth of march, when they presented the declaration of both houses of parliament at new-market -- . his sacred majesties letter to the lord keeper of the great seal of england, which was read in both houses of parliament, concerning matter of great weight which was sent lately from royston -- . an order of both the houses of parliament, concening such men of worth as are chosen in the city of london, and intrusted with those summes of mony which have bin gathered in and about the city, for the reliefe of our brethren in ireland, and how it should be disposed of by them. eng great britain -- history -- civil war, - . great britain -- politics and government -- - . a r (wing c a). civilwar no nevv matters of high and great consequence, printed the twelfth of march. anno. . . his majesties speech to the committee the ninth of [no entry] b the rate of defects per , words puts this text in the b category of texts with fewer than defects per , words. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - pip willcox sampled and proofread - pip willcox text and markup reviewed and edited - pfs batch review (qc) and xml conversion nevv matters of high and great consequence , printed the twelfth of march . anno. . . his majesties speech to the committee the ninth of march , when they presented the declaration of both houses of parliament at new-market . . his sacred majesties letter to the lord keeper of the great seal of england , which was read in both houses of parliament , concerning matter of great weight which was sent lately from royston . . an order of both the houses of parliament , concerning such men of worth as are chosen in the city of london , and intrusted with those summes of mony which have bin gathered in and about the city , for the reliefe of our brethren in ireland , and how it should be disposed of by them . printed at london for francis coules and thomas bankes . his maiesties letter to the lord keeper of the great seale of england , concerning sir edward herbert , charles rex , right trusty and well beloved counsellor , wee greet you well , and have thought good hereby to certifie that wee did the third of ianuary last , deliver to our atturney certaine articles of accusation ingrossed in paper , a coppy whereof we have sent here inclosed and did then command him in our name , to acquaint our house of peeres , that divers great and treasonable designes and practises against us , and the state had come to our knowledge ; for which we commanded him in our name , to accuse the sixe persons in the said paper mentioned of high treason , and other high misdemeanours by delivering the paper to our said house and to desire to have it read , and further to desire in our name , that a select committee of lords , might bee appointed to take the examinations of such witnesses as wee would produce , and as formerly had bin done in cases of like nature , according to the justice of the house , and the committee to be under a command of secrecy as formerly , and further in our name to aske liberty , to adde and alter if there should be cause , according to justice : and likewise to desire that our said house of peeres would take care of the securing of the said persons as in justice there should be cause : we doe further declare that our said attourney did not advise or contrive the said articles , nor had any thing to doe with , or in advising any breach of priviledge that followed after . and for what he did in obedience to our commands , we conceive hee was bound by oath , and the duty of his place , and by the trust , by us reposed in him so to doe ; and had he refused to obey us therein ; wee would have questioned him for breach of oath , duty , and trust . but now having declared , that we find cause wholly to desist from proceeding against the persons accused , wee have commanded him to proceed no further therein , nor to produce nor discover any proofe concerning the same . given at royston , the fourth of march . . a letter sent by order of both houses of parliament , to the high sheriffe of every shire , concerning matters of great consequence . also an order of both houses of parliament ; concerning such persons as are appointed for the gathering of such summes of mony in london , as is intended for the reducing of the rebels in ireland , &c. master speaker , the lords and commons being deeply sensible of the unspeakable calamities , which his majesties good subjects of the kingdome of ireland doe now suffer by barbarous cruelties , and massacres of the rebels there , and conceiving these printed propositions herewith sent ( being ratified by his majesties royall assent , and the unanimous approbation of both houses of parliament ) doe undoubtedly tend , to the speedy and effectu●●●●educing of those bloudy rebels , the propagating of the protestant religion , the augmenting of the greatnesse , and revenew of the crowne of england , and the establishing of an happy and firme peace for the future in his majesties three kingdomes , and all this to bee effected ( by gods gracious assistance ) without the generall charge of the subjects and to the great advantage of those that shall under-write , have thought fit to require you to publish these printed propositions and instructions at this lent assizes , to the intent that all his majesties good people within your county may take notice of the benefit they may receive by under-writing in due time , and that so many of them then present and willing to subscribe , may give up a note of their names , summes , and dates of their subscriptions to you , to be entred in the paper booke , mentioned in the printed instructions , which is forthwith to be sent unto you ; and you are further directed hereby at this lent assizes ( if they be not past ) by the advise and assistance of the justices of peace for your county then present , to appoint certaine dayes and places , most convenient for this service , when , and where your selfe , and the justices of peace within each division will be present to receive the names , summes , and times of subscription of such of his majesties well-affected subjects within your county , as shall not have subscribed at this lent assizes , their names , summes , and times of subscription to be likewise entred into the paper booke . and if this be come to your hands after the assises ; then to appoint such times and places , as may best speed this service . and further , your selfe and the justices of peace , the ministers of gods word , and persons of quality within your county , are hereby earnestly desired to shew themselves active , and exemplary in advancing this great and pious worke , as a service tending so much to the glory of god , the honour and profit of his majesty , and the peace and tranquility of his three kingdomes for the future . and you are likewise to informe those that shall under-write , that the act of parliament ( which his majesty hath promised to passe for the setling of those two millions and a halfe of acres ) is already in hand , and that the lands are to be divided so indifferently by lot amongst them that under-write , that no one man whatsoever shall have more respect or advantage then another in the division . and lastly , you are to give a speedy accompt to the parliament of your proceedings herein , and of those that doe really advance this service ; thus not doubting of your utmost care and diligence herein , wee bid you heartily farewell . your loving friend . march . . it is this day ordered by the lords and commons in parliament , that iohn warner , iohn towes , thomas andrews , aldermen , and lawrence halsted esquire , or any two of them shall receive all such subscriptions and summes of mony as shall be subscribed , and paid in according to the printed propositions made for the speedy reducing of the rebells of ireland , and assented unto by his majesty and both houses of parliament , and are daily to attend that service at the chamber of london , from eight of the clocke till eleven in the forenoone , and from two of the clock till sixe in the afternoon , and it is further ordered , that this order shall be forthwith printed and published . diurnall occurrences in parliament , from the . day of march to the . . on monday the . of march . the declaration wherein the house of commons give their reasons for the jealousies that they had , and feare of dangers , was sent up to the lords , and passed there the greater part of them . after it was passed , foure of the lords , and eight of the house of commons were appoynted to carry it to morrow to his majesty , and also to invite him to come to london ; and withall liberty was granted for them to speake as occasion should bee offered by the king , what they thought meet . the foure lords were the earle of pembrooke , the earle of holland , the lord dunsmore , and the lord seimor the eight commons were , mr fines , sir philip stapleton , sir william lewis , sir william litton , sir henry mildmay , sir simon munford , sir iohn bots , sir william strickland . sundry irish commanders taken in bark , comming from france , and by a tempest forced into a creek in the west countrie , were brought up to london , and committed to new-gate . most part of this day was spent about the book of rates of things exported out of the land and imported into it . while the committees of the house of commons , with the committees for the scots were sitting together , sir david cunningham came from scotland , and certified , that their kingdome was very well setled , and well aff●cted to our parliament , and that the incendiaries that were there , and such as were feared to plot secret matters were so brought down , as they were not able to doe any thing . withall he certified , that the souldiers went to ireland friday was fortnight . a letter from ireland was read in the house of commons , which certified , that drohedagh being hard besieged by the rebells , and they by their long siege brought to such straights as they were forced to eate horses ; the commander of the city incouraged the souldiers that were there to sally out , and thereupon they slue above of them , put the rest to flight , brought in good store of provision , both of oxen and sheep . withall , that about the same time , the chains and boats , which the rebells had then blocked up the river withall , were with a mighty storme broken and driven away , insomuch as ships laden with provision entred the town , and much refreshed it . on tuesday march . the house of commons made a review of their answer , which they sent to the kings last message about the militia . serjeant wild , and others of the house of commons were sent up to the house of the lords to lay the charge against mr. atturney , whose charge was not of treason ; but high misdemeanor . mr. atturney desired counsell to answer : it was replyed , that the accusation laid to his charge , being matters not of law , but of fact , and against the priviledges of the house , he was not to have counsell , but to answer himselfe viva voce . there was a letter , which the king wrote to the lord keeper , and by him communicated to the lords , the particulars whereof is specified at large in the second page of this book . colonell francis edwards being questioned about words that he spake last friday against the king and parliament , answered , that he remembred not any such words : but would not deny but that he might speake them ; but yet said , that if he spake them , it was in drink . this answer satisfied not the house , but he was committed . souldiers that are in ireland sent a complaint to the parliament , that the treasurer that was to pay them their wages , tooke sixe-pence in a pound from them : which complaint the parliament observing to be very just , ordered that the souldiers should have their full pay , and that the treasurer should be otherwise considered for his paines about the money . on wednesday . march . . mr. arthur trellare , burgesse of plimmoth , was expelled the house for saying , upon a question of a guard being at white-hall , and a guard about the parliament , that the kings feares did arise from the parliament , and the parliaments feares arose from the king : and that it was treason for the parliament to have a guard without the consent of the king . a scotch-man informed against one dr. browne , that he should say , that our king charles was rex scotiae , non scotorum , king of scotland , not of the scots . thereupon a messenger was sent for him . mr. atturney this day appearing before the lords , had counsell appoynted him by the lords , who appeared there ; but the commons refused to be present , and they that should have enforced the accusation , refused to come . the counsell appoynted for him by the lords , was mr. recorder of london , and sir thomas benesfield both of them refused to plead for the atturney , and thereupon the lords committed them to the black rod . much time was spent in perfecting the booke of rates for things exported out of the land and imported into it ; and also about setling the statute for i. upon lands , and likewise upon the bill concerning the million of money for the rebels lands . on thursday , march the . the house of commons sent up to the lords , that they would bee pleased to subscribe to the million , as they themselves were willing to doe , and that for example sake . the dutch merchants desired underwrite two hundred thousand pounds . vpon debate it was voted , that they should have liberty to underwrite one hundred thousand pounds , if thay did it within a time prescribed , and that the whole million were not before subscribed by english and scots . according to the order that was made yesterday , to send for doctor browne upon that which was informed against him , a messenger was this day dispatched away for him . information was this day given unto the house that some of the kings printers were sent for to goe unto yorke , and that they were packing up their presses and preparing themselves for that journey . whereas a motion had formerly beene made concerning a lecturer to be setled at branford , the parishioners petitioned for one mr. hinderson to be their lecturer , the house referred the consideration therof , to the choise of the parishioners . dr. burgesse and mr. ash are appointed to preach before the house of commons at the next fast . much time was also this day spent about the booke of rates , yet is it not finished , for they went but to the letter o. the house of commons ordered that after the publike businesses of this land and ireland are ended , they shall come together again according to their ancient custome , at . a clock in the morning , and sit till , and that private committees shall sit in the after-noone for particular businesses , as they were wont formerly to doe . there was a great dispute in the house of commons about generalls for the navy under the lord admirall , in case hee should not bee well , or not otherwise able to goe in his owne person , and the question was , whether there should be three , or only one : reasons for three were rendred , that there would bee imployment sundry wayes , as to keepe the seas at dunkirk to keepe them likewise about the entring into ireland , and for other services : but was concluded that one was sufficient , power being given unto him , to choose others under him . the earl of warwick was the particular man that was chosen to be general under the l. admirall . his majesties speech to the committee the . of march , when they presented the declaration of both house of parliament at new-market . i am confident that you expect not that i should give you a speedy answer to this strange and unexpected declaration : and i am sorry ( in the distraction of this kingdome ) you should think this way of addresse to be more convenient , than that proposed by my message the twentieth of ianuary last to both houses . as concerning the grounds of your fears & jealousies , i wil take time to answer particularly , and doubt not but i shall doe it to the satisfaction of all the world : god in his good time will , i hope , discover the secrets and bottoms of all plots and treasons , and then i shall stand right in the eyes of all my people . in the meane time i must tell you , that i rather expected vindication for the imputation laid on me in mr. pym's speech , than that any more generall rumours and discourses should get credit with you . for my feares and doubts , i did not think they should have beene thought so groundlesse , or triviall , whilst so many seditious pamphlets , and sermons are looked upon , and so great tumults are remembred unpunished , uninquired into . i still confesse my feares , and call god to witnesse , that they are greater for the true protestant profession , my people and lawes , than for my owne rights and safety . though i must tell you , i conceive , that none of these are free from danger . what would you have ? have i violated your lawes ? have i denyed to passe any one bill for the ease and security of my subjects ? i doe not aske what you have done for me ? have any of my people beene transported with feares and apprehensions ? i have offered as free and generall a pardon as your selves could devise . all this considered , there is a judgement from heaven upon this nation , if these distractions continue . god so deale with me and mine , as all my thoughts and intentions are upon right , for the maintenance of the protestant profession , and for the observation and preservation of the lawes of this land , and i hope god will blesse and assist those lawes for my preservation . as for the additionall declaration , you are to expect an answer to it , when you shall receive the answer to the d●claration it selfe . finis . meroz cursed, or, a sermon preached to the honourable house of commons, at their late solemn fast, febr. , by stephen marshall ... marshall, stephen, ?- . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing m ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing m estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; :e , no ) meroz cursed, or, a sermon preached to the honourable house of commons, at their late solemn fast, febr. , by stephen marshall ... marshall, stephen, ?- . [ ], [ ] p. printed by r. badger for samuel gellibrand ..., london : . reproduction of original in thomason collection, british library. eng fast-day sermons. great britain -- politics and government -- - . a r (wing m ). civilwar no meroz cursed, or, a sermon preached to the honourable house of commons, at their late solemn fast, febr. . by stephen marshall, b.d. marshall, stephen c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion meroz cursed , or , a sermon preached to the honourable house of commons , at their late solemn fast , febr. . by stephen marshall , b. d. minister of finchingfitld in essex . published by order of that house . psalm . . vers. , & . pray for the peace of ierusalem : they shall prosper that love thee . because of the house of the lord our god , i will seek thy good . london , printed by r. badger , for samuel gellibrand , at the brasen serpent in st. pauls church yard . . to the honourable house of commons . now assembled in parliament . it is fit my obedience should last as long as your commands , for so i have alwayes interpreted your requests and desires to be . as i never had the confidence to present you with any thing properly mine , so neither will i bee guilty of that injustice , as to deny you any thing so truly your own , as is this fruit of my poore yet willing endeavours . it is yours truly , but most principally the churches , whose both you , and i , and all that you can doe , or i speak , are . if it may be serviceable to you , and you by it made more serviceable to the church and cause of god , i have my option . but i am resolved not to make that use of my experience of your patience in hearing the sermon , as to try it further with the length of a dedication : only i thinke it my dutie to second my proposition with my prayers , that god would vouchsafe a blessing to your endeavours for his church , and to you for your endeavours . these shall be the constant and earnest desires of your servant stephen marshall . a sermon preached at the late fast before the commons house of parliament . iudges v. xxiii . curse ye meroz ( said the angell of the lord ) curse ye bitterly the inhabitants thereof , because they came not to the helpe of the lord , to the help of the lord against the mighty . right honourable and beloved , it hath been a custome almost amongst all nations , after any notable victory , to have their {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , their triumphant songs , wherein the illustrious acts of their owne worthy leaders , and the shame and confusion of their enemies were celebrated , preserved and so delivered over to posterity . the romans had their salii priests , who after any victory went dancing through the city , singing their hymes , and paeans to mars , and the rest of the favourable gods . and the grecians , sometimes in verses , sometimes by sculpture , used to set forth their famous battels and victories , yet alwayes attributing the highest glory of all to their gods , who● they supposed to bee present with them , protectors over them , and fighters for them . this course , i thinke , the devill learned from the lord jehovah's dealing with his owne people , who alwayes directeth them thus to celebrate his noble acts , and their great deliverances . thus moses and aaron sang unto the lord , when he triumphed gloriously over pharaoh and all his host , making them sinke like a stone to the bottome of the red sea . thus the women in their song and dance celebrated their victory over the philistims . and this whole chapter is nothing but a triumphant song , setting forth in an elegant and lofty verse , the great victory which barak and deborah and a small army with them had gotten , ( the lord marching before them ) against king jabin and his generall sisera , who for twenty yeares had mightily oppressed the children of israel . in which song , first , all prayse and glory is given to jehovah the lord of hoasts the prince who lead them , by whose strength alone the victory was obtained . prayse yee the lord for the avenging of israel . i will sing unto the lord . lord when thou wentest out of seir , &c. then the song descends to the due praises of their generall barak , and his assistant deborah , yea the severall regiments and companies both of horse and foot doe receive the praise and reward of their courage and valour . and not only so , but the song proceeds to stigmatize and brand with reproach , and marke out for punishment all such companies , as had played either the traitours or the cowards , or were otherwise wanting to their duty in this great expedition . reuben had other sheepe to turne . hee tarried amongst his sheepfolds to heare the bleating of his flocke . gilead durst not crosse the water : dan cowardly withdrew into his ships : ashur durst not come from his owne coasts . god takes notice and remembers them all , and lets them know he had great thoughts of heart about it , and in time would reckon with them for it . but above all his wrath was most incensed against meroz , a people of whom wee finde no mention in the whole booke of god , nor i thinke in any other story , but onely in this place , upon this unhappy occasion , you can know no more of them than what this place tels you : and these few reliques of them , remaine as the lake of sodome as a monument of their sin , or as a mast of a ship swallowed up in the quicksand , to warne passengers to take heed of that dangerous place : or as lots wife turned into a pillar of salt , to season others . this their short chronicle i may call their grave-stone , which seemes to hold out such an inscription , as they say sennacharibs tomb had , looke upon me , and learne to be godly . so theirs , looke upon mee , and learne your owne duty , looke upon me , and take heed of disserting the cause and church of god , when they stand in neede of you . a text and theme exceeding seasonable . seasonable to the times wherein we live , when abundance of mighty enemies rise up against the lord , and against his church . seasonable to the temper of most people who generally minde their owne things , and not the things of christ . seasonable to the occasion of this dayes meeting , which is purposely for the helpe of the lord , and his cause , and people now distressed in ireland . but to me it seemes most of all seasonable for this present honourable assembly who all should be as the lord : their horses as his horses , their chariots as his chariots , they being all called to bee leaders and captaines of the lords host. the lord make it but as profitable , as i am sure it is seasonable , and i doubt not but we shall be exceeding gainers by it . in this text which i may call the doome of meroz , there are these two things . first , the author of the doome or sentence , the angell of the lord . curse yee meroz said the angell of the lord . secondly , the sentence given against them : curse ye meroz , &c. wherein likewise consider these two things . first , what their fault was . secondly , what their punishment was . their fault yee have in these words , they came not out to the helpe of the lord , to the helpe of the lord against the mighty . their punishment was a curse , and a bitter one : curse ye meroz , curse yee bitterly , or ( as the word signifies ) in cursing , curse the inhabitants of meroz , continue to curse them , vehemently curse them , never leave cursing them . i shall briefly interpret the words , and so proceede ( with gods assistance ) to some profitable instructions . first , the angell of the lord . i finde great difference among interpreters , who this angell of the lord should be . some thinke it was deborah the prophetesse who penned this song . some thinke barak the generall was likewise at this time inspired by the holy ghost . some thinke it was the angell that led them , michael their prince who went out with them . some thinke the angell of the lord , signifies all that have divine inspiration , but all agree in the intent of it , namely , that the author is alledged , that all might know that this curse came not from the private spirit of deborah or barak ( as sauls once did , when he cursed every one that shall taste any meate untill the evening , that he might be avenged on his enemies ) but was pronounced by the direction of god himselfe , and so consequently , they who are thus cursed are cursed indeed , the angell of the lord , that is divine authority . . meroz . who was meroz , and what people were they ? i could never learne whether meroz were a city or a province , few or many , rich or poore , weake or strong ; in this all agree that they were jewes ; the canaanites should not have been cursed for not joyning with israel , in their warres . all likewise agree , that they dwelt neere mount tabor and the river kison , the place where this battle was fought , and so consequently neere the danger : and in all probability were called by deborah and barak to come and assist them . which is likewise judged to be the cause , why they had a heavier doome than any other . god cannot abide to have such ill neighbours to his people when they are in distresse . . curse them . the word signifies , maled●cere verbo , malefacere re , to speake evill of them , to revile them , to reproach them and wish mischiefe to them , to doe any evill against them , to execute in deed , what they would wish in words . what the particular curse was , or what the event of it was , no man can determine ; this i finde , which is most probable , it was ordinarily observed among the iewes , that whatsoever was justly cursed grew unfruitfull presently . if a woman were cursed shee proved barren . if the earth were cursed , it brought forth briars and thornes , no profitable seed or plants would grow there . if trees were cursed they withered away . if gods curse fell upon houses or cities , the walles and foundations would fall downe . gods curse alwayes wasted that which it fell . so in all likelyhood this curse is the cause wee never read more of them . if they were a province , their land proved a desolate wildernesse . if a city it was destroyed , or grew unpeopled : this bitter curse like the water of jelousie made an end of them . . they came not to the helpe of the lord against the mighty , who are these mighty ? without all question by the mighty are litterally meant king iabin , and his generall sisera , because these were those potent enemies , against whom the battell was fought . but in gods intent ( this being a propheticall song ) the mighty are all , of what ranke or quality soever , who are eminent in wisdome , strength , authority or riches , and mannage an ill cause against the lord or against his church . lastly , they came not out to the helpe of the lord by the helpe of the lord you will easily conclude , that in this particular , the helpe of deborah and barak are meant . they came not to joyne with the tribes of zabulon and nepthaly , and that small handfull of israelites who by gods direction undertooke this battell against the great captaine sisera . because they joyned not their strength with gods people , they are judged not to help the lord . for ( as i shall shew anon ) the lord and his people are so conjoyned , that their friends are his friends , and their enemies are his enemies , and whosoever helpes not them , are interpreted to refuse to assist the lord himselfe . i know nothing else in the text , that hath the least shew of difficulty . were this text to bee handled at large in many sermons , such observations as these could not briefly be passed over : as first , that although gods people must ( {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} ) blesse , blesse i say , and not curse . curses are edged tooles , dangerous to be medled with , yet there may fall out such cases , that gods blessed servants must come downe from mount gerizim , the mount of blessing ; and go up on mount ebal , the mount of cursing ; and there curse , and curse bitterly . curse yee meroz said the angell of the lord . secondly , that although it bee true that the curse causelesse shall not come , yet when gods people according to gods direction , ( clave non errante ) do curse , their curse is like the flying roule which we read of , it consumes the house it lights upon , the timber thereof , and the stones thereof . it is like the wolfes foot , of which they say , that no herbe upon which it hath once trod will grow afterwards . thirdly , that the mighty do frequently oppose the lord : it is no new thing to finde the mighty in strength , the mighty in authority , the mighty in wealth , the mighty in parts , in learning , in counsell , to engage all against the lord , his church , and cause . the lambes followers and servants , are often the poore and off-scouring of the world , when kings , and captaines , merchants , and wisemen , being drunke with the wine of the whores fornications , proceed to make warre with the lambe , and to give all their strength unto the beast , till the words of god shall be fulfilled . fourthly , that when the mighty of the world do oppose the lord , gods meanest servants must not be afraid to oppose the mighty . and fifthly , that whosoever come out to joyn their strength , and to give assistance to the lords people , the lord doth interpret them all to give helpe and assistance to himselfe . but because my discourse upon this text , in this place must be hedg'd into one sermon , i may not let it out into such a spacious field . i shall passe by all these and many other seasonable truths , which in this text are obvious to all your eyes , and betake my selfe to cleare one lesson only ; which you will quickly see to be the maine scope and intent , not only of this verse , but of the greatest part of this chapter , and most seasonable for these times , for this assembly and occasion , viz. all people are cursed or blessed according as they do or do not joyne their strength and give their best assistance to the lords people against their enemies . i beseech you see how cleare this is , not only in this verse ( god laid nothing else to meroz charge but only this , they came not out to help the lord against the mighty ) but in other passages of this chapter . my heart is toward the governors of israel , that offered themselves willingly among the people . hallelujah , praise the lord . they are not so much as named without an euge. the princes of issachar are blessed for being with barak . zebulun and nepthali were a people that jeoparded their lives to the death in the high places of the field . these are blessed also . blessed above women was iael the wife of heber the kenite . what made jael such a blessed woman ? even this , she put her hand to the naile , and her right hand to the workmans hammer , and with the hammer she smote sisera , she smote off his head , when she had pierced and smitten through his temples . on the other side see the displeasure that there is against the tribes who came not out to helpe in this expedition . ruben had businesse of his own , his flocks were to be attended . gilead could plead that the river jordan divided him , from barak and his company : asher had his own breaches to make up , and the sea coasts to looke to . a man might think , these were faire excuses . but god had great thoughts of heart against them all . and wo to him , or them , against whom god hath great thoughts . the whole chapter runs in this straine , they are cryed up , they are honoured and blessed : not only the heart of gods people , but the soule of god himselfe ( as i may say ) tooke pleasure in them , who appeared on the churches side ; his displeasure , indignation , wrath and curse did rise against all , who came not to the helpe . this is most plaine in many other scriptures . i shall cull out but three among three hundred , jer. . . that whole chapter containes the doome of moab . gods curse was now to be executed upon moab , and you may read of moab , that the lord once sent to him when his people were in distresse . let my out-casts divell with thee moab , be thou a shelter to them in the time of a storme . but moab was too proud to listen to gods counsell . moab was alwaies an ill enemy to israel . now god comes to reckon with him for it . now the spoyler shall come upon all his cities . and to them who were to execute this vengeance of god against them , marke what a charge is given in the tenth verse , cursed is he that doth the worke of the lord negligently , or fraudulently , or deceitfully , as the word signifies ; now what was the worke which was to be done ? the next words will tell you , cursed is every one that withholds his hand from shedding of bloud : the strangest reason of a curse that ever was read of , if ever a man might have pleaded ( with peter when the voice said unto him . arise peter kill and eate ) not so lord . i have not beene accustomed to this , here were roome for such a plea , when his worke was to go and embrew his hands in the bloud of men , to spill and powre out the bloud of women and children , like water in every street . but he is a cursed man that withholds his hand from this , or that shall do it fraudulently , that is , if he do it as saul did against the amalekites , kill some and save some , if he go not through with the work : he is a cursed man , when this is to be done upon moab the enemy of gods-church . so that whatsoever imployment men are put to , they are cursed men , that take not part with god in his worke . another place you shall find in psal. . v. , . the daughter of babylon was there to be destroyed , observe now the epithete which god gives to the executioners of his wrath against babylon . blessed is the man that rewardeth thee , as thou hast served us . blessed is the man that makes babylon drinke the same cup , which babylon had made gods people to drinke . now he that reades the booke of the lamentations , may finde how babylon had used the church of god , they had broken their bones as a lion breakes the bones of a lamb , brought their necks under persecution , made their skin blacke like an oven , hang'd up their princes by the hand , and which is most of all cruell , had dashed their children against the stones . now saith the spirit of god , blessed is the man , that thus rewards babylon , yea , blessed is the man that takes their little ones and dashes them against the stones . what souldiers heart would not start at this , not only when he is in hot bloud to cut downe armed enemies in the field , but afterward deliberately to come into a subdued city , and take the little ones upon the speares point , to take them by the heeles and beat out their braines against the walles , what inhumanity and barbarousnesse would this be thought ? yet if this worke be to revenge gods church against babylon , he is a blessed man that takes and dashes the little ones against the stones . but there is one text of scripture ( if no other were to be found in the whole booke of god ) which is a sufficient proofe that all are blessed or cursed , according as they doe or doe not helpe the church of god in their need : and that you shall finde , matth. . . &c. the summe whereof in a few words is this , at the latter end of that chapter is a description of the day of judgement , and of the manner of christs proceeding at that day . first , that when jesus christ shall come in the glory of his father , he will divide all the godly to the right hand , and all the wicked to the left hand , as the shepheard divides the sheep from the goates . secondly , he pronounces all on his right hand blessed , all upon the left hand cursed : come yee blessed , goe ye cursed . here are all the blessed , and there are all the cursed . marke now what is assigned as the only reason and evidence why the one sort are blessed , and the other cursed . it is most plaine in the scripture , that at that day the lord will call people to an account for all they have done in their whole course , whether good or evill : but in this place , christ gathers all that shall be opened and come to receive blessing or cursing , reward or punishment to this one head , according as they did or did not helpe and succour his church and people in their time of need . to , the one side , come yee blessed , receive the kingdome prepared for you , for you visited my church when it was sicke , you gave meale to my church when it was hungry , you gave my people drinke when they were thirsty , you tooke them in when they were strangers , you cloathed them when they were naked , you came to them when they were in prison : inasmuch as you have done it unto these , even unto one of the least of these my brethren , you have done it unto me . on the other side , go ye cursed ▪ why are they cursed ? i was hungry and ye gave me no meat , i was thirsty and ye gave me no drink , i was a stranger and ye took me not in , naked and you cloathed me not , sick and in prison and ye visited me not : verily i say unto you , inasmuch as you did it not unto the least of of one of these , ye did it not to me . as if the lord at that great day did take notice of nothing , but what the carriage of all people hath been to or against his church and children . what greater evidence can there be in the world , that men are blessed or cursed , than this ? that they either do , or do not help the church of god . this will yet be clearer if we consider the church , first , as it stands in relation to god . secondly , as we stand in relation to the church . first , as the church stands in relation to god : when i speake of god in relation to the church , or the church to god ; you must alwayes understand god in christ , emanuel . god is in christ reconciling the world unto himselfe . and thus the churches relation to god , gives us two excellent grounds of this doctrine . first , the church and the meanest member of it is united to him , made one with him , they are not only his servants , his friends , such as he loves , but he and they make but one person , i meane one mysticall person . insomuch that throughout the whole scripture he that blesseth them blesseth him , he that curseth them curseth him , he that relieveth them relieveth him , he that fights against them fights against him , he that touches them touches the apple of his eye , all the relations which argue intimacy , tendernesse and dearenesse , meete in this conjunction betwixt god and his church , he is their father they are his children , he is their head , they are his members , he is their husband , they are his wife , yea they are called by his name and he vouchsafes to be called by their name . take but this for granted , and you will make no doubt , but all men are blessed or cursed , as they do or do not help the lord . the lord jehovah is the fountaine of all blessednesse more than the sunne is the fountaine of light , from his favour and good will necessarily flows all happinesse , and consequently all are blessed or cursed , according as the aspect betweene god and them is malignant or benevolent . this ground is fully laid downe in that forementioned placed , matthew . you did it to them , therefore you did it to me , you refused it to them , therefore you refused it to me . it is clearely there taught , but i believe there is no man on earth that understands it , or believes it fully . and that very text gives me a hint to thinke so . because the very righteous themselves , though they do all to the saints out of the good will they beare to christ , yet when christ shall acknowledge this and say , come ye blessed , you fed me , you cloathed me , you visited me , they shall answer , lord , when saw we thee an hungred , or thirsty , or a stranger , or naked , or sicke , or in prison and administred unto thee ? it shews that themselvs did not fully understand how neare they were to christ for whom they did all these things . i have somewhere read a story of a sarazen embassador , who being with a christian prince , and seeing nobles and great men to wait upon him , and the prince himselfe to waite upon a table full of poore ragged people , desired to know what they were , to whom he shewed so much respect , he answered to this effect , they were the servants of his lord , and that he served his saviour in them . well said the embassador , if your lord have no better servants than these , i desire to be none of them . i care not for your religion . and truly it is a hard thing to perswade not only sarazens but even christians themselves , that whatsoever is done to poore abjects , the off-scouring of the world should be done to christ himselfe . no earthly prince would do so , equally to accept and reward him , that should give a nights lodging or any succour to one of his meanest and basest groomes , as if it had beene done to the person of himselfe or of his son . yet this is the very case betwixt christ and his church . secondly , another ground from the churches relation to god , is this , that as their persons are neerely united to him , so their cause is his cause . as they account every cause of god to be their cause , so god accounts every cause of theirs to be his cause , chro. . moab and ammon and they of mount seir , came with a huge army against jehoshaphat , hee and his people being suddenly surprised betake themselves to prayer , and seeke helpe from god : now marke what gods answer was , be not you afraid nor dismaied by reason of this great multitude , the battell is not yours but gods . was not the battell theirs , all they were worth lay upon that battell , their wives and children , their lives and liberties , their countrey and religion , lay all at the stake , and yet the battell none of theirs , that is , not so much theirs as gods , so in the . psalm . when asaph had laid down all the churches sufferings , the pulling down of their synagogues , the wasting of their countrey , the reproach and scorn cast upon them by their enemies , he interests god in all this , arise o god , plead thine own cause , remember how the foolish man reproacheth thee , forget not the voyce of thine enemies . thus is their cause gods cause , their enemies gods enemies : and indeed , if we look into it narrowly , whatsoever is done to them and their cause , good or evill , is done for gods sake . this then is a strong argument to prove men blessed or cursed , according as they joyn with , or oppose the cause of god . because first , if it be gods cause , it is a good cause . secondly , it is a noble cause . thirdly , it is a successefull cause . first , i say it is a good cause . the just lord that is in the midst of his church will do no iniquity . the righteous lord loveth righteousnesse . now you know it is a blessed thing to have a good cause , though it be a meane cause . david often pleaded this before god , that his cause was just , his cause was upright . let them shout for joy , that favour my righteous cause . and on the other side it must needs be a cursed thing to manage a cursed cause : when david's cause was good , his adversaries must needs bee evill , and then he could foretell that they should be ashamed and brought to confusion , clothed with reproach and dishonour who opposed themselves against him . secondly , being gods cause , it is a noble cause : a man may possibly among men have a good cause and the thing but a trifle , a thing of no great consequence : but if it be gods cause , let it appeare never so contemptible , it is subservient to the highest end , that can possibly be thought of . the salvation of soules , the glory of god , &c. honour uses to put men upon hard and desperate services , men will runne , wrestle , fight for a crowne , though but a corruptible crowne . there is comfort in doing good to one , but to advance the good of many , especially of the church of god , how honourable , how glorious is it ? thirdly , gods cause is a successefull cause , no weapon can prosper that is formed against it , and every tongue that rises up in judgement against it shall be condemned . the mouth of the lord hath spoken it . this gamaliel saw , when he advised the councell of the high priests , and pharisees , and rulers , to refrain from opposing the apostles , if this work be of men it will come to nought , but if it be of god ye cannot overthrow it , it is in vaine to fight against god . since then the churches cause is gods cause , and consequently a good cause , a noble and succesful cause , you may easily hence conclude the happinesse that accompanies the promoting of it . and on the contrary as easily discern , how cursed a thing it is , not only to undergo the disgrace of mannaging a wicked and base enterprise , but to fail of that which wicked men use to cherish themselves with , the hopes of the comfort of reward and obtaining their desires . secondly , consider our relation to the church . and that affords three other excellent arguments to prove men blessed or cursed , according as they help or help not the church of god . first , whatsoever abilities any man enjoyes , wherewith he may any wayes be usefull , they are all given him to this very end , to make him serviceable to the church . all the manifestations of the spirit are given to profit withall . all the gifts which christ powred out when he ascended up on high , are for the perfecting of the saints , and the building up of the body of christ . as every one hath received a gift , so let him minister , as good stewards of the manifold graces of god . the church is the common storehouse to which all our wealth must be carried . salus ecclesiae suprema lex . which being so , the happinesse of every thing being the attaining of the end for which it was appointed , and the curse of it the perverting of it to a wrong end , they must needs be blessed who serve the church , and he must needs be cursed that deprives the church of its own due . salomon saith , that he that withholds corne in a time of famine , the people shall curse him , though it were his owne corne , but suppose a man had the keeping of the provision of the whole town corne , which were none of his owne , he only intrusted with the keyes of it , and should let the people starve for want of that food ▪ which he should keepe purposely for them : or that a man had the keeping of a magazen for an army to furnish them with what might make them victorious , and their safety and victory hazzarded , if not lost through his default , were not this man a villaine and a traitor to his country ? secondly , consider how neare the relation is betwixt the church and us , ( except we be of the malignant church , of the dragons army , and then no more need be said to prove men cursed . ) the church is our mother , and all the saints are our brethren , a relation which all lawes of god and man do fasten duty upon . the eye that mocketh at his father or despiseth to obey his mother , the ravens of the vally shall picke it out , and the young eagles shall eate it . paul thought he did no more than his duty , when he had great heavines and continuall sorrow in his heart , and could wish himselfe accursed from christ for his brethren his kinsmen , who were israelites . thirdly , all our own blessednesse stands or falls with the blessednesse of the church . the church is such a corporation or mysticall body , as hath in it all the properties of a naturall body wherein no members can be happy in an abstracted sense , but as parts conjoyned with the whole : because every part hath besides the neare relation to the whole a subsistency in it , which is the foundation of any other good it receives . and so consequently , the good or gaine of the whole is the gaine of every member , and whatsoever tends to the dissolution of the whole , cannot but be destructive to all the parts . as when a company of merchants have but one joyned stocke , every penny gained or lost is gaine or losse to them all . or as it is with a company of passengers in the same ship , save the vessell and you save all , sinke the ship , and every mans cabbin is cast away . now this is a more prevailing argument than reason can make , it is grounded in nature which must prevaile with all ; nature makes heavy things to ascend , rather than the whole should be endangered by a vacuum . nature teaches the tongue to cry out , when the toe is trod upon , the hand to work , that the belly starve not , the feet to runne , that the back be not cold . every man finds this in the naturall body ; and gods spirit dwelling in all the saints workes the same spirituall disposition in them that are partakers of the divine nature , that there be no schisme or division in the body of christ , but that all the members may have the same care one for another , that whether one member suffer , all the members should suffer with it , or one member be honoured , all the members should rejoyce with it . by this time i hope it is cleare , that if we look upon gods promises or threatnings , mens experience in all ages , or the churches interest in god , his neare union with it , his affection to it , his owning the churches cause , or if we consider our own engagements to the church , our neare conjunction with it , and under god the dependance of all our comforts and wellfare upon it , we may and must conclude , that all men are blessed or cursed according as they help or help not the church of god . the rest of the time i shall spend in the application of it , that what is thus cleare to your judgement and conscience , may by gods blessing take due place in your hearts and conversations . and there are but two collections which i shall make for use . the first , briefly for terrour and reproof , the second more largely , for exhortation and duty . first , for reproofe . this speaks very sadly against two sorts of people whereof ( god knowes ) there are many hundreds of thousands who yet professe themselvs to be christians . as first , are all they cursed that doe not thus helpe the lord against the mighty ? what then are they , who instead of helping the lord against the mighty , do help the mighty against the lord ? who instead of joyning all their strength , and giving all their assistance to the church in her distresse , doe give all the assistance they can to the enemies of the church , that they may do mischief against the church ? what shall we thinke of these men ? how many are there who have as it were entred their names into the dragons muster-book , openly bidding defiance against the church of christ , in every good cause ? who walke antipodes against the cause of god , like antiochus , making war against the saints , like the little horne in daniel , wearing out the saints of the most high in all places where they can prevail ? how many others , like the kings and princes in the . psal. set themselves , and take counsell against the lord and against his annointed , digging as deep as hell for counsell to do all the mischiefe they can to the servants of the lord iesus christ ? how many others with balaam , doe what in them lies to curse them for reward , who for very malice raile upon and revile the children of the most high ? how many others , with edom , look upon the affliction of israel , rejoycing over them in the day of their destruction , speaking proudly in the day of their distresse , crying out against ierusalem , down with it , downe with it even to the ground how many others , with amal●k , smite the hindmost of gods church , all who are weake and feeble , when they are faint and wearie , adding sorrowes and increasing the burthen of the afflicted ? how many , with sanballat and tobiah , are grieved when any are found to doe good in israel , endeavouring to hinder the building of sion , and to further the repairing of the walls of babylon ? god knowes there are too many such , i hope not many such present here this day before the lord . but concerning these , if there should be any such here by what name or title shall i call them ? the gyants who make war against heaven , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , fighters against god , i know no appellation fitter for them . but whatsoever they delight to be called , i most earnestly beseech them in their most secret thoughts to answer these few questions . by what injurie hath the lord provoked thee thus against him ? what iniquitie hast thou found in him ? what hurt hath christ done to thee ? what evils are his righteous servants guilty of against thee ? or if thou canst give no reason of this , but only , non amo te , nec possum dicere quare . i know no reason , but my heart stands against them . what honour or reward dost thou expect for this desperate service ? what hope hast thou of speeding ? canst thou make thy forces strong enough to carry the day ? o friend though thou beest proud and daring , yet be not mad , no weapon will prosper which is formed against them god hath sworne it against all the people who fight against jerusalem , that their flesh shall consume whilest they stand upon their feet , their eyes shall rot in their holes , their tongue shall consume away in their mouth . o set not briars and thornes to fight against devouring fire . let the potsheards strive with the potsheards of the earth , but let not a poor worm fight against his maker . thou art too weake to strive with god . kicke not against these prickes , abstaine , abstaine from those men of whom the lord hath said , he that touches them , touches the apple of mine eye . secondly , there are others ( not open enemies professing to take part against the church ) who stand as neuters , who stand a loofe off , shewing themselves neither open enemies nor true friends , like the samaritans , who feared the lord and served their idols , of whom also josephus saith , that when the jewes were in prosperity the samaritans were their friends , but were ever severed from them in their adversity . but as the lord said of them when they feared the lord and served their idols , they feared not the lord : so he will one day say of these , they love not the lord . they say such as stand neuters are ordinarily crushed , which side soever wins , but the lord acknowledges no neuters . this text curses all them who come not out to helpe him , as well as those who came to fight against him , and our saviour at the last day will as well denounce go ye cursed against them , who gave them not bread when they were hungry , as them who plucked their bread away from them . and in this case it is a certaine rule , for it is christs rule , he that is not with me , is against me . and of these neuters there are two sorts . first , some stand neuters out of policy , because they will see which side shall prevaile , that they may be sure to joyne with the winning side ; of these we have a notable example judg. . when gideon was pursuing zeba and zalmunnah the kings of midian , he cals to the men of succoth , and the men of penuel , to help to victuall his army . give , i pray you , loaves to them that follow me , for they are faint . but they would first see what would be the event of the war , are the heads of zeba and zalmunnah in thine hands , that we should give bread unto thine army ? as who should say , if you gave gotten the day , we are for you ; if not , you must pardon us , we will looke on a while longer ; and even so do many falsehearted friends deale with the church of god , turne jewes , when they have an honoured mordecai , and as ready to cut their throats when haman prevailes against them . they will be sure to be of the winning side , that they may save their own stake ; but what gideons answer was to the men of succoth and penuel , when the lord hath delivered zeba and zalmunnah into mine hand , then then will i teare your flesh with briars and thornes of the wildernesse , then will i beate down your towers , and slay the men of your city , and accordingly did it : such like doom and execution shall all politick neuters receive from the hand of christ . there is a second sort of neuters who neither oppose the church nor helpe it ; not out of policy , but meere sluggishnesse and desire of ease or basenes of spirit : loving only their worldly profits and sensuall pleasures , nothing regarding what concernes religion , or the church : like gallio the deputie of achaia , who when the iewes , one while beat paul , another while the ruler of the synagogue ( as the text sayes ) cared for none of these things . if it had beene a matter of right or equitie , things belonging to the roman lawes , he was ready to appeare , but if it be a matter of religion , it was out of his element , he is indifferent , whether the beare bite the dog , or the dog bite the beare , it is all one to him . abundance of these are to be found every where , of whom we may say , as salomon in another case , the heart knowes his owne bitternesse , &c. they neither know the churches bitternesse , nor are acquainted with the joy of it . such ( i thinke ) were the men of iabesh gilead , who when all the tribes of israel had bound themselves by oath to prosecute that bloody murder of the levites concubine , against the benjamites , and never to returne untill they had avenged it , they let both sides alone , they had businesse enough of their owne at home , not doubting but there were men enough to do the work , though they kept themselves quiet . but this neutrality of theirs cost them deare in the end , their owne heart blood paid for it : and it is most probable , that meroz in this text was guilty of no other fault . the lord grant that they may be warnings to us , that we bee not made warnings to others . i hope this may suffice for reproofe . the second use , and that which i most aime at , is for exhortation . oh that i were able to speake somewhat to raise up your spirits , to make you these blessed men who willingly helpe the lord against the mightie : i confesse the day , the occasion of our meeting , this text , and your place and office . ( right honourable and beloved ) give me an infinite advantage to speake , if i were able to improve all for your good . the thing i aime at , is , to send you home with luthers resolution , who protested to god , that no portion , which god could give him in this world should content him but onely this , to bee gods servant , to bee a usefull man in his church , he would care neither for silver nor gold , neither for honour nor reproach : ease and labour should bee all one , so that hee might bee accepted and usefull . and would the lord vouchsafe to make my labour effectuall with you in this thing , i should bee a blessed man in my worke , and you should goe home the blessedest company that ever met in such an assemblie . to this end i shall endeavour two things , first , to give you motives or incentives to inflame your hearts after such a temper of spirit , that you may be willing to give up your selves to the help of the lord and his church . secondly , some directions to enable you in truth and realitie to be usefull . and although most of the things that i shall speake doe chiefely concern you , our honourable worthies , yet they will in their proportion reach the meanest in the congregation . to stir you up , consider these three motives . first , the honour of god . certainly the highest end of our living in this world , is to honour god . hallowed be thy name , is the first petition of every one that saith the lords prayer . now a man never gives glory to god as god , never sets up god in his right place , till he have devoted himself wholly and absolutely to serve him in what is most acceptable with him . and i have made it apparent that the church of christ is that field from which he expects the most plentifull crop of glory , and and therefore would have the most cost bestowed on it ; he gets glory by all our actions , but in what wee doe for the church , wee give him glory and that in the highest degree . secondly , as for gods sake , so for the churches sake . it is ever well with the church , when the members of it , doe preferre the churches good above their owne . polititians and historians observe this of states and empires , that they usually thrive when the subjects are common-wealths men , every one endeavouring to promote the publick good . livie observes this of rome , that so long as men would leave their trades , farmes and merchandise , ladies part with their jewels and ornaments , rather than any detriment should come to the citie , all nations were subdued to them : but when they grew private , wealths men , every one labouring to preserve and adorn his owne cabbin only ; the ship presently was endangered and went to decay . this is as true of the church . in all the rising times of it , god hath ever stirred up such noble and generous spirits , who have given themselves to the lord , and the service of the church . in the acts of the apostles you shall find that they were all of one heart and one mind . no man said that ought of the things that he possessed was his own , they had all things common . sold their possessions and goods , distributing them as every man had need , and lived so , as if one soule possessed them all : this was the thriving time of the church . then their multitude increased by thousands and ten thousands and walking in the feare of the lord , and the comfort of the holy ghost were multiplyed . but when once men grew to seeke their owne things , and not the things of iesus christ , and his church , the church soone fell into a languishing condition . as therefore you desire to keepe up the spirits and strength of the church , so labour to keepe up your own spirits for the church , as you desire that may not faint , so doe you take heed of fainting in the service of it . thirdly , as for gods sake , and the churches sake , so for your owne sake , for your owne comfort and benefit , and that in many respects . as first , such a frame of spirit as this will bee the best evidence of your owne safe condition , of your peace with god ; t is a comfortable thing for a man to hate his lusts , to strive against them , to waite upon duties , to attend upon ordinances , to bee often enquiring , what shall i doe to bee saved ? but all this may bee but selfe love ( although such a love god approves of ) but when the soule comes to enquire , what shall i doe that christ may bee glorified , that his church may bee edified ? to know no crosse but the churches crosse ? to preferre the joy of the church before all his owne peace and wellfare ? this is not only an argument of a man looking heaven-ward , but one that hath proceeded farre in the way ; a scholler of the first and highest forme ; and this is that which saint iohn meanes , when hee doth so frequently ang all our evidence to heaven , upon love of the brethren , hereby wee know that wee are translated from death to life , because wee love the brethren ▪ in this are the children of god manifest from the children of the divell : hee that loves not his brother , is not of god : hereby wee know that wee are of the truth , and shall assure our hearts before him . every one that loves god , loves him also that is begotten of him . and many other expressions , as if saint iohn knew no other evidence but love ; now what love is it ? hee meanes it not of an inward affection only , to wish well to them , and so forth , but by love to serve our brethren , to lay out our selves , our lives , and parts , and all to serve them , to lay downe our lives for the brethren , as christ laid downe his life for us . this was that that bore up hezekiahs heart in the time of his sicknesse , when hee could pleade , lord , remember that i have done that which is good in thy sight . what was the good that hezekiah had done ? even this , hee had set himselfe to purge religion , to set up gods ordinances , to make the church prosper , given up himselfe to the publick service of the church of god , this made nehemiah comfortably to goe to god ; oh my god , wipe not out the good deeds , that i have done for the house of my god , and indeed , there neither is nor can be , any more certaine or infallible signe of a living member of christs body , and of our communion with jesus christ in his holy spirit , that spirit which dwels and acts in his whole mysticall body , then this , to sympathize with the church , to suffer in the sufferings of it , to rejoyce in the consolations of it and to preferre the good of it , before that of our owne soules : secondly , the honour of it may provoke you . ingenuous and noble spirits will doe more for their honour than for their gaine , now if you waigh it in the ballance of the sanctuary , you shall finde , that to bee a publick servant of the church , to have an influence into the wellfare of many , is the greatest honour which god communicates to any creature ; the creatures which are for publick and universall use , are most noble and excellent , the world might stand well enough without pearles and jewels , and a thousand such like things , but the fire , the water , the sunne , the earth , which are servants to all , the world were ruined without them . yea this will make us like to the angels , the excellentest of all gods creatures , whose delightfull employment is to bee ministring spirits , sent forth to minister for them , who shall bee heires of salvation . what shall i say , this makes us ( more than any thing else ) like unto god himselfe , thou art good and doest good : almost all the knowledge which we have of the glory of god , comes from the good which god diffuseth into the creature , and they partake most of gods nature , and most eminently beare his image , who are his most usefull instruments in doing good to his church and people ; and if we marke it , wee shall seldome finde the holy ghost in the scripture , to point out any as truly honourable , but under this notion , that they study the wellfare and good of sion . marke them whom saint paul commends in the twelfth to the romans , and yee shall see this is the matter of their praise ; phaebe was a servant of the church at cenchrea , shee was a favourer of many : aquila and priscilla were pauls helpers , ready to lay downe their neckes for a publick good . mary , andronicus , vrban , triphena , triphosa , and many other , this is their commendation , they laboured much in the lord . so the houshold of stephanus , paul would have all of them subject to the houshold of stephanus , he would have them numbred among the patricii . what was the house-hold of stephanus ? it may bee some honest tradesman in his civill ranke : but here is the crowne : they addicted themselves to the service of the saints : and of the messengers of the churches , some good men that came on the churches errand , the apostle saith , if any inquired what they were , what ranck or qualitie they were of , hee answers , they were the messengers of the churches , the glory of christ . yea saint paul of himselfe , who seldome gloryed of himselfe , who though hee were the greatest apostle , esteemed himselfe the greatest sinner , yet could not forbeare glorying in this , that hee laboured more abundantly than any others , that the care of all the churches lay upon him , that hee became all things to all men , that hee might save some , and the stigmata , the brands or markes that hee bore about his body for his service in the church , hee did more glory in , than any noble man can of his george or blew ribband : you shall see it , galathians . verse . the galathians had used saint paul somewhat coursely , judged his actions and intentions , and marke how saint paul seemes to take state upon him , from henceforth let no man trouble mee ; what made him thus high in his spirit ? i beare in my body , the stigmata , the markes of the lord iesus : this was a badge of his honour , and therefore they must use him honourably , and indeed if wee compare the honour and glory that rests upon men for the service of christ and his church , and that which vaine men seeke in other things , the truth of this would easily bee seene . suppose one man could say , this would i received in fighting for a mistris in a duell : another thus , my state is empaired in brangling suites at law , another in gameing and whoreing . what fruit ? what glory is in these things ? but now on the other side , when a servant of god can say , haec manus ob ecclesiam pugnando , &c. these offices i lost , this preferment i went without , thus was i scorned , thus is my body wasted for christs sake and for his churches sake ; this is glory indeed , this glory exceeds the happinesse of mortalitie , and will outlive all wealth and pleasure . and all experience shewes us , that however such men are most opposed and scorned by the enemies of the church , who alwayes most fight against the capraines and leaders , yet among the saints these are the most precious men , one of them esteemed worth a thousand of others : and this some thinke saint paul to aime at in the fifth to the romans , when he saith , scarcely for a righteous man will one dye , yet peradventure for a good man , that is , a usefull man , a serviceable man , a man whose life and labours benefits many , some would even dare to die . thirdly , nor is the reward lesse , at the present it may bee such instruments may loose houses , or brethren , or children , or lands , and their owne lives , but they shall finde it againe , in this life a hundred fold besides the inheritance of everlasting life . bread cast upon these waters is seed sowen in fertile ground ; the bosome of the church is the most fruitfull soile in the world . flesh and blood will never believe this , but jesus christ the lord of life and glory , whose all the silver and gold in the world is , who hath power enough to promote his servants and savourites , hath sufficiently assured us of this in his gospell ; men will securely adventure their estates upon ropes and cables in the deepe seas , when the ensuring office is ingaged for their securitie ; if yee dare trust the insureing office of heaven , goe on , serve the church , i promise in the name of christ to you , yee shall bee paid every penny , every houres sleepe which yee have broken , every gray haire which is hereby scattered upon your head , every disease which yee have contracted , every reproach which you have suffered , ye shall loose nothing by all or any of these , he will repay it you in this world an hundred fold in better things , it may be with trouble and persecution , but in the world to come ye shall have life everlasting ; thus farre the motives , which would the lord let sinke into your hearts : how would yee with paul rejoyce to be offered up a sacrifice for the church of christ ? how willingly would yee continue to spend , and to bee spent in so good worke ? secondly , some directions how we may be able to doe this : where first , i shall shew what is requisite to prepare us and fit us to bee the churches servants . secondly , how and wherein they that are fit should help the church . first , men must bee fitted for it ; this mercury is not made of every wood ; the lord needs no instruments ; if hee use any , it is propter munificentiam , not propter indigentiam ; because hee meanes to honour them , not because they can benefit him : and therefore hee will make them choice spirits , rare and singular men , to whom he will thus communicate his owne glory , and three things must meet in them . first , they must be godly ; a generall in an army neither gives pay nor command to any , untill they bee duly entred into his muster-book : now men are never numbred among the lambs followers , their names are not entred into his list , untill they be saints . read revelation , where ever the lambs followers are described , they are such as have washed their robes , made them white in the blood of the lamb , serving him night and day ; they are redeemed from the earth ; in their mouth is found no guile . they that are with the lamb are called , and chosen , and faithfull . and it must needs be so ; for so long as men are in their unregenerate condition , they are satans vassals in the maine ; there is not in them a substratum of reall usefulnesse to the church ; their heart cannot be with the lord nor his people : 't is only the new life which is the right principle of this service which is here expected : if therefore the lord hath kindled in any of your hearts a desire to doe him service , i beseech you , first , humble your souls deeply before god for your sinnes ; get your robes washed in the blood of the lamb , rest not till the spirit of christ come to dwell in you , and when yee have , once with the thessalonians , given your selves first to the lord , then yee are fit to give your selves to the church for the lords sake . secondly , as they must be godly , who would be servants to the church ; so they must learn to deny themselves ; they must be taken off from all private selfe-engagements ; they must set light by their own ease , their own profit , and their own life : if any man ( saith christ ) come to me , and hate not his father , and mother , and wife , and children , and brethren , and sisters , yea , and his own life also , he cannot bee my disciple . search through all the scriptures , you shall hardly finde a man who ever was fitted to bee usefull in the church , till he had set himselfe aside ; no man that warreth , entangleth himselfe with the affaires of this life , that he may please him who hath chosen him to be a souldier . and therefore it was the a , b , c , which christ taught all his followers , even this lesson of selfe-deniall : you shall read mat. . v. . that when the mother of iames and iohn came to seek preferment at christs hand for her two sonnes , that the one might sit at his right hand , and the other at his left in his kingdome ; christ presently nips that motion in the head , and tells them , that instead of expecting such high and pleasant things in this world , they must ( if they meant to be his apostles ) prepare to drink of his cup , and to be baptized with his baptisme ; that is , take paines and suffer trouble . and verily sad experience hath taught this , that men are never cordiall to the church of christ , who embrace this present world . it is recorded of the king of navarre then a protestant , being pressed by beza , to appeare more in the cause of god , and to owne religion to the purpose : he makes him answer to this effect , that he was their friend , but he resolved to put no further to sea , than that he might get to shore if a storme should rise ; he resolved not to hazzard his hopes of the crown of france , and you know what became of him . so when men will make religion as twelve , and the world as thirteene , they will in sad tryals , with demas , forsake the cause and servants of god , and embrace the present world : like those potters recorded in the first of the chro. who dwelt among plants and hedges : there they dwelt with the king for his work . a brand which the holy ghost sets upon them , who when cyrus proclaimed liberty and encouragement to returne to ierusalem ; to rebuild the temple , and set up the worship of god , refused to goe back with their brethren , and chose rather to dwell among plants and hedges , than to hazzard a gainefull trade , which they made of the kings work . o beloved , take heed of these choaking thorns , the riches , cares , and pleasures of this world ; especially beware of the world , when it comes with flattering allurements : many ships have been swallowed in a calme , when they have out-rid severall stormes . troubles and persecutions , ( like the wind in plutarchs parable ) make men gird their cloak ( their profession of religion and service to the cause of god ) closer to them , when the warme sunne-shine of preferments steales it from them : rebus in adversis facile est contemnere vitam . there is a notable story of a souldier of antigonus , one whom the prince observed to be a very valiant man , ready to adventure upon any desperate service , and therefore much favoured him ; and observing that he still looked pale and lean , would needs know what he ayled , and finding that he had a secret and dangerous disease , he caused all possible meanes to be used for his recovery ; which when it was accomplished , the prince observed him to be lesse forward in service than formerly , and demanding the reason , he ingenuously acknowledged that now he felt the sweetnesse of life , and was loth to lose it . and thus doe many thousands , who with ionathan when they come into a wood that drops with honey , leave the chase of gods enemies , and feed upon the sweetnesse of worldly advancement . but , o yee worthies , fly all these things ; with paul , esteem your lives not deare to you : let no earthly thing move you , so you may finish your course and service appointed you from and for the lord iesus christ : and conclude with esther , if i perish , i perish . thirdly , whosoever would bee a reall usefull instrument for the good of the church , must get an unfaigned love to the church planted in his heart , that it may beare fruit in his life and actions . all we do is nothing but our labour of love . love will force more than the strappado , draw more than a yoke of oxen ; it is a sweet and strong tyrant . when the apostle paul had pressed the corinthians earnestly to study for the best gifts to make them usefull in the church : and to this purpose gives them a catalogue of the severall gifts and graces which christ , for this end , had shed abroad , when hee ascended up on high : yet in the last verse of that chapter hee promiseth to shew them a more excellent way , and that is the way of love , which he layes downe in the thirteenth chapter : which will doe all things , endure all things , without which if men had the tongues of men and angels , all other gifts of prophesie , knowledge , &c. they are but as sounding brasse , or tinckling cymbals . this is the reason why saint iohn throughout all his epistles calls for almost nothing but love ; because in that he calls for all . my little children , love one another . and this is also the reason why the devil doth so infinitely labour to sow the tares of division in the field of the church ; hee knowes if he can break the bond of love , he breaks the bond of perfection , and opens the flood-gates to confusion . rest not therefore , who ever thou art that desirest to do good in the church , till the love of it be fixed in thy breast , as deeply as the love of the ark was in the heart of the wife of phinehas , who died for griefe when the arke of god was taken : or as calice is said to have been in queen maries , who affirmed , that if her body were opened calice would bee found in her heart . to this end , consider often how deare the church is to thy deare redeemer ; how comely and beautifull it is in it self ; comely as the curtains of solomon , even when it is black as the tents of kedar with persecution : how deformed , uncleane , and every way vain all other societies are in comparison of this ; as the lilly among the thorns ; how near to thy selfe , begotten of the same seed , laid in the same womb with thee , and thou also wert laid in its womb , and sucked its breasts , redeemed with the same blood , enjoyest all the same priviledges , hast all thy welfare in this world wrapt up in its welfare , and expectest to live with it to all eternity in the same glory . these thoughts rightly working upon thy heart , would make thee willingly spend and be spent for the churches good : thy services would not be as the motion of a stone cast out of a sling , at first swift by virtue of a violent impression ; but constant , and strongest rather toward the later end , as those motions are said to be which proceed from a naturall inward principle . so then you easily apprehend the excellent use , and indeed the necessity of the concurrence of these three qualifications of godlinesse , self-deniall , and love , to the making up of a good chruch-man : the lord make them evident in all your hearts and wayes . next followes , what men thus accomplished may and must doe for the church . the service required may be reduced to these two heads : first , somewhat to prepare us for action . secondly , to act as we are prepared . by way of preparation three things are requisite . first , carefully to informe our selves of the state and condition in which the church is , otherwise wee deprive our selves of all possibility of being helpfull to it . be a man never so willing , and never so able to relieve the distresses of his brethren , hee can neither heal the sick , nor help the poor , unlesse hee knew who and where they were that needed , and what helpe they wanted . this made nehemiah so diligently to enquire concerning ierusalem , and his brethren which were left of the captivity . this made daniel search into ieremiahs prophesies , to know the condition of the church , and learn his own duty . . this enquiry must not be out of athenian curiosity , as most people enquire after newes ; but so to know , as to work our hearts to a fellowfeeling of their condition , otherwise all our intelligence will be as dry clouds , flying over our heads without a drop of raine . thus did nehemiah as soone as hee understood that his brethren were in great affliction and reproach , the wall of ierusalem broken downe , and the gates thereof burnt with fire , he sate down and wept : this prepared him for the good service he did afterward . thus also did daniel , who when god had shewed him , though but in a vision , the calamities that were to come upon the church of the jewes by antiochus epiphanes , he fainted , and was sick certain dayes . and the want of this fellow-feeling is both taxed and threatned by god in amos . no man is sorry for the affliction of ioseph . god esteeming it an argument of little love to sit downe with haman at a banquet , when the city of shushan is in perplexity . . as wee must know and bee affected with the churches want , so we must enquire what is in our power to do for it , wherein we may be helpfull . this i shall have occasion to speak of afterward . the second sort of directions are for action . and these may be brought to two heads . first , somewhat we must do immediately to god for the church . secondly , somewhat wee must doe for the church from god . first , that which wee are to doe to god for the church is to pray for it . i name this first , because it is the first and chiefest service that we can perform . if any other talent bee a penny , prayer is a pound . this is the talent of all talents : concerning which i shall speak a little more fully , as the seasonablenesse of it requires . first it must be granted , that all the friends of the church may help it with their prayers : if with peter they have no silver nor gold , but will give such as they have , they may afford a subsidy of prayer . they have all the spirit of adoption , enabling them to cry , abba , father : so that what the master of the ship said to ionah , what meanest thou , o sleeper ? arise and call upon thy god : ( though he could neither sit at sterne , nor handle the tacklings , yet he might pray ; ) may be said to any man in regard of the church ; though thou canst neither runne , nor ride , nor write , nor fight , yet thou canst pray : awake , awake . and as plaine it is , that god requires it should bee so . o pray for the peace of ierusalem . you that make mention of the lord keep not silence : give him no rest , till hee establish and make ierusalem the praise of the earth . you that have escaped the sword remember the lord afar off , and let ierusalem come into your minde . but the chiefe thing i aime at is , to discover the power of prayer . which i shall never bee able fully to expresse : none can tell what prayer can do , but he that can tell what god can do . yet these few conclusions may give some light toward it . first , god hath not promised to do any thing without it . it is confest , he doth many things without prayer , but he hath not promised to do any thing for his church without it . all this will i doe , ( saith the lord ) but for all these things will i be enquired by the house of israel . secondly , as he hath promised to do nothing without , so he will do all things by it : i will visit you ( saith god ) and performe my good word toward you ; but you must performe your good work towards me : then shall ye call upon me , and you shall goe and pray unto me . aske and you shall receive : this is the confidence that we have , that whatsoever we aske according to his will , we know that we have the petitions that we desire of him . what cannot prayer doe ? it is able to overthrow all enemies : when i pray , mine enemies shall turn back . an hundred eighty five thousand were overthrowne in one night , after the prayer of hezekiah . it is able to turne away all plagues , pestilence , famine , sword , wild-beasts ; whatsoever plague or sicknesse there be , prayer and supplication will heal all . it is able to bring downe all mercies ; it is the key of heaven : eliah , a man subject to the same infirmities with us , hee prayed , and the heaven was shut ; he prayed again , and the heaven was opened . it is the most efficacious engine in the world ; it opened the prison doores , and the iron gate , to set peter at liberty . it is the summe of all wisdome , strength , and policy . what should i say more ? it prevailes over god himselfe . iacob wrastled with god , and prevailed : what was his wrastling ? what was the strength , whereby , as a prince , he had power with god ? even this , hee wept and made supplication to him . it will not only stop the sun in his course , as ioshua did , sun stand thou still in gibeon , and thou moon in the valley of ajalon ; but ( with reverence be it spoken ) it holds that hand which rules heaven and earth . let mee alone , said god to moses , that i may destroy them : moses prayer hindred god from doing what hee seemed resolved to doe . hee said hee would have destroyed them , had not moses his chosen stood before him in the gap , to turn away his wrathfull indignation ▪ and thus some interpret that place of the prophet isaiah , ask mee of things to come , concerning my sonnes ; and as concerning the works of my hands command ye me : as if god had made over his own omnipotency to prayer . but whence is it that prayer becomes thus efficacious ? what is there in the submissions and supplications of poor worms to work such wonders ? i answer , these four things meet in prayer , which are the strength of it , and may be your satisfaction . first , the persons who pray are gods owne children , dearer to him than heaven and earth , tender as the apple of his own eye : and we who are parents know how prevalent the cryes of our own children are : we being evill can give good things to our children . secondly , gods owne spirit dictates and endites their prayers for them : wee know not what to pray for as wee ought , but the spirit it selfe makes intercession for us . now as it is said of the sonne , i know thou hearest me alwayes ; so may it be said of the spirit . what regard soever he may bear to us poore sinners , he will certainly regard the intercessions of his owne spirit . thirdly , the prayers of gods people they are offered up and presented to god by his owne son , our lord jesus christ , the high priest of our profession , the angel of his presence , who is at the right hand of god , who daily makes intercession for us , as the spirit makes intercession in us , and mingles his incense , with the prayers of the saints , upon the golden altar which is before the throne . fourthly , there is this in prayer , that it gives the greatest glory unto god . of all gifts or graces which god hath given to any creature , never any thing ( except faith only ) was found to give that glory to god which prayer doth : especially in these two things . first , it brings god into the field to fight the battell for them , makes him to work all their works for them ; as indeed he doth . whatsoever a man prayes for , he doth by interpretation say , lord , i never shall have this , unlesse thou give it me ; i never shall do this , unlesse thou doe it for me . and that is the reason why in chron. . after hezekiah and his people had prayed , and professed they had no strength of their owne , left the worke only and wholly upon gods hand . then god tells them , the battell is not yours , but gods ; now you have put it into my hands , you shall see what i will doe for you . and secondly , when the work is done it ascribes the praise and glory of all to him , to whom alone it is due . if we mark it , god hath little glory in the world for those good things which men receive without prayer ; their friends , parts , wit , industry , must share with god ; but what is won by prayer is worn with thankfulnesse ; there being a naturall relation betwixt praying and praising , as the rivers returne by the sea from whence they come . o that i were able to teach you the right use of this engine . and first let mee speake to you ( right honourable and beloved ) the lords and commons assembled in this parliament : give mee leave to shew you the true spring of all that good , which hath come through your hands , since your happy entrance upon your great work . god knows i would not eclipse your worth nor due praise : we rejoyce in you , and blesse god for you ; wee have received great mercies by your means : but are you the cause of them ? have they been done by your wisdome and forecast , or for any worthinesse found in your selves ? hath not god done them all almost by contraries ? have not you been many times at a losse , even at your wits end ? hath not god marvellously discovered wicked enterprises against you , and almost miraculously preserved you by his own naked arme , ever since the beginning of your meeting ? give therefore the glory where it is due , you shall have the honour of excellent instruments , but this honour is too high for you . know therefore , beloved , ( and it will encrease your honour to acknowledge it ) that prayer , and god by prayer hath done all this : while you have been with ioshuah fighting in the valley , moses , aaron and hur have been at prayer upon the mountain . god hath poured out upon many parts of the kingdome , but more especially in and about this great city , a most fervent spirit of prayer : in many thousand families you are every day mentioned at the throne of grace ; few dayes of your sessions have passed over , without extraordinary fasting and prayer , either publike or private on your behalfe : and when prayer doth thus ascend , mercies must needs descend . let god therfore have the chiefe honour for pouring out the spirit of prayer and supplication , the fruit whereof is the upholding your hearts and spirits daily in your work . and this also intimates the best hope wee have of your good successe for the time to come , even because god hath put it into the heart of the kings majesty and your selves , to put the whole kingdome into a posture of prayer ; we hope your care in putting the kingdome into a posture of defence , will be serviceable : but wee expect our greatest help and advantage , as from our daily prayers , so more especially from those solemn monthly dayes of humiliation , that are afforded and appointed us . william the conquerour , when he was duke of normandy ( according to the superstition of those times ) builded many abbies , monasteries and nunneries , and told his friends he was at this cost to strengthen his kingdome , esteeming them as strong fortifications , wherein he provided many to fight against the devill , the world , and the flesh : this he said according to his light . i can more truly speak from god that in every congregation where godly ministers and godly people shall , according to publick direction , ly in the dust , fasting , and mourning , and praying before the lord ; there are strong holds set up for the safety of the kingdome . secondly , how sadly doth this speak against many thousands of professed christians ! some cannot pray , some will not pray , sure i am many doe not pray , who in all this long time of germanies afflictions have never separated themselves to afford one dayes prayer for the help of their brethren : and in all our owne exigents and darknesses have never stood upon the walls to help either england , scotland , ireland , king , or parliament : these are a miserable generation . and this their not praying for the church is a sad token against them , that when the church of christ shall sing for joy of heart , themselves shall cry for sorrow of heart , and howle for vexation of spirit . what remaineth then , but that all you who make mention of the lord , and bear his name , who have received this mercy , that you may have accesse to the throne of grace , be quickned up , for the time to come , to stand upon the walls , to give god no rest night nor day , to let ierusalem come into your mind , constantly to do that which master bradford made the subscription of his letters , pray , pray , pray . god hath done great things for us ; but many great things are yet to bee done ; much rubbish to be removed ; many obstructions to bee cleared , many enimies to be overthrown . ireland is to be relieved , religion to bee established ; prayer may doe all this ; wee may overmatch all our enimies by prayer , discover all their plots by prayer . let us not bee traitors against the church and state , in slighting or forbearing the use of that , which may work all our works for us ; this is to betray the forts of the kingdome , but remember when i exhort you to pray , i mean , first , it must be prayer indeed ; many can read prayers , say prayers , sing prayers , many can conceive or utter prayers , who yet cannot pray : prayer is a pouring out of the soul to god . and secondly , this spirit poured out in prayer must bee a pure spirit : if i regard iniquity in my heart , the lord will not hear my prayer . and thirdly , this prayer must bee a prayer of faith ; pray in faith and waver not : and in a prayer of faith three things must meet . first , that the things begg'd bee according to the will of god . secondly , that they bee begg'd in the name of christ . thirdly , that we rely upon the faithfulnesse of god , for the performance of them . this is to pray in faith . fourthly , our prayers must bee fervent , humble , constant ; and when we have prayed , wee must remember , that though prayer be the great means , yet prayer is not all the means . prayer must quicken us up to the use of other means , and sanctifie us in the use of other means ; other means are fruitlesse without prayer , and prayer not seconded with the use of o●her means , where they may be had , prevailes not . these things you cannot bee ignorant of , and therefore i only point at them , especially in these streights of time . one thing more i must needs advise about , before i passe from this great help of prayer . and that is , in what esteem praying spirits should bee had amongst all wise men ; i know the world slights and scornes them , but in truth they are the very chariots and horsemen of israel : ten praying men might have saved sodom , and the cities round about . solomon saith , there was a little city and few men it , and a poore wise man by his wisdome delivered this city from the siege of a great king ; yet no man remembred that same poore man . truly thus it is with poore praying christians , they deliver the iland and yet no man regards them . david knew how to prize such spirits , who , though hee were a king , thought them fit to bee his companions who cal'd upon the name of god . paul knew how to prize them who begged for prayers , as a prisoner for a ransome , now i beseech you , brethren , for the lord iesus christs sake , that you pray for me . yea , ioash though an idolater , when the praying prophet elisha lay a dying , wept , and cryed , as sensible of loosing the chiefe support of his kingdome , o my father , my father , the chariots of israel , and the horsemen thereof . nay , which is yet more , a heathen emperour marcus aurelius , finding by experience the power of the prayers of christians , gave all the world notice of it , staid the persecution against the christians , and call'd that band of christians legio fulminatrix , the thundring band . let us therefore not fall short of heathens , let us not undervalue or slight them , who carry the keyes of heaven at their girdle . verily ( right honourable and beloved ) if you knew what blessings they are in the midst of the land , you would take pleasure in them , you would seek for praying friends , praying servants , praying tenants ; you would desire to have a stock goe in every one of their vessels . you would say to them all , as they to their companions going up to the house of god , to pray before the lord , and to seek the lord of hostes , i will go also . yea , you would lay hold upon the skirt of these men , saying we will goe with you , for we have heard that god is with you . this is the greatest help which we can give to the church of christ . this wee doe immediately to god for the church . there are some things also which we must doe for the church from god : the particulars are innumerable , but in regard the time is wholly spent , i shall give you the summe of all in one short conclusion . and indeed a little time may make it cleare to your understandings , although the practise of it require the study of your whole lives . the conclusion is this , whatsoever abilities any have received in any kind , they are given to them to this very end , to be serviceable and usefull to the church of christ with them : all the manifestations of the spirit in gifts and graces , are chiefly given for this end to profit the church with ; all the livelyhood of our naturall faculties , of our actions , of our wordly wealth , of office or authority , are given us , not for our own carnall ends , no nor primarily for our own salvation ; but that with them all wee should be as good stewards of the manifold graces of god . so that our hands if skilfull to write , should be employed as secretaries of the church , our feet as messengers of the church , our tongues as advocates for the church , our wisdome and learning as counsellors for the church , our wealth as stewards or almoners for the church . whatever any man hath , the lord would have his church to be the common-storehouse , into which all should bee brought , the body to which all should be serviceable : just as it was when the tabernacle was to be built : not only bezaleel and aholiab , men skilfull in all manner of work , were to bestow their labours upon it ; but all with whom any thing was to be found , whether silver or brasse , or fine linnen , or goats haire , or badgers skins , or rams skins ; all with a willing heart were to bring it in ; yea , the very women , that could spinne either linnen , or woollen , or haire , were all to be employed to further the work of the tabernacle . this needs no proofe , every mans spirit carries him to do all this for whatsoever is his summum bonum , his chiefest happinesse ; such as make mammon their god , or their belly , do readily contribute all they have or can doe to the service of them . i shall shut up all with a briefe application , first , for reproofe , secondly for duty . how sadly doth this speak concerning them whose serviceablenesse to the church consists only in empty and barren wishes ! the same which they can and doe afford to any creature which they see to be in distresse ; they love the church , they pity the miseries of the church , they are sorry for germany , when they think on it , and that is but seldome : they grieve for ireland ; but require either their hands to underwrite , their legs to walk , their purses to contribute , their authority to command or countenance , &c. they can spare none of all these . they have a bottomlesse gulfe called selfe , which swallowes all they are , have , or can doe , and yet is never satisfied . aske them if they have a heart to do nothing for the church , they answer readily they pray for it with all their heart , and that is all they can doe . but let all such false-hearted christians know , that the lord needs none of their help , and cares as little for their dry barren prayers , as the poore beggar did for the bishops blessing , who begging for a peny , but denyed that , and put off with the offer of a benediction , told him that hee perceived his peny was better than his blessing , otherwise he had denyed him that also . in the meane time think how thou wilt appeare in the day of thine account , when the not having much , but the improving of what we had to our masters advantage , will bring the euge bone serve ; when others shall come in and say , lord thy pound hath gained five pounds ; when ( as gregory sayes ) peter shall come in with his gaine of iudea , andrew of africa , thomas of india , paul , and the rest , of many nations ; ministers bring in their sheaves of soules , private christians their gleanings and bundles ; and thou appeare empty , thy talent buried or embezelled , thy age spent , thy candle burnt out , nothing done by thee for the church ; when it shall appeare that thou hast had gold and silver to feather thy own nest , power and authority to terrifie thy neighbours ; like a great tree crushing or overdropping all that stand neare thee ; and hast had this worlds goods , as the leviathan the sea , onely to take thy pleasure , and satisfie thy lusts in them . woe unto thee if thy master finde thee thus doing . this gaine of thy talents , will be the losse of thy own soule . secondly , for exhortation to all , especially to you right honourable , and beloved ; what words shall i use ? how shall i make up a strength to prevail with you , to give up your selves and all you have so wholly to the lord and to his church , that all your other outward occasions may not so much as dare to expect any thing from you , so long as the church hath need of it ; that your pleasures and superf●uities , nay your profits & sometimes necessities , may never offer to come in competition with the church of god , for any thing which you call yours . o that you could hear the lord speaking to you in the same language as once he spake to cyrus , for jacob my servants sake , and israel mine elect , i have even called thee by the name ! i confesse that instead of exhorting we have just cause to blesse god for you , when we consider how you , who heretofore have lived at ease and in pleasure enjoying the delights of the sons of men , have now changed your pleasures for paines , your delights for dangers , your profits and gains for expences , your houses for lodgings , and still continue to deny your selves in all these things , and goe on in your unwearied labours for the church and cause of god . this is great matter of praise to god , and honour to your selves . generous plants and odoriferous spices ( they say ) grow onely in hot regions : such fruits as yours are not brought forth by every plant , such plants as you grow not on every ground . but go ye on , ye nobles and worthies , forget what is behind ; god and his people will not forget it : look and presse to the work which yet remains : get the resolution of zisca that brave bohemian captain , who not onely was willing to fight while he lived , but be queathed his skin when he died , to bee made a drum head for the service of the warre . hold out to the end , cloath ye with zeale as with a cloak , put on righteousnesse as your ornament : bee good shepherds still , to rescue and feed the flock committed to you : be so many saviours upon mount sion . all this shall be done for the best master ; all this seed will be sown in the most fruitfull ground , the bosome of the church : and to quicken you the more , remember how much of the golden time which is gone you have wasted , with domitian , in catching of flyes ; how much of your estate hath bin spent needlesly in pictures , feastings , buildings , sportings , if not worse , in riot and disorder ; how much of your strength hath been bestowed in the service of this world , and the god of it : and now when the gray haires are scattered upon many of you , and god might justly cast you aside as broken vessels , the lord should choose you , and accept you in the most honourable service that the sons of men are capable of ; nay that service which he employed his owne son in . how readily and cheerfully ought you to consecrate your selvs and service to this work ▪ you should come from your habitations and countries , as the levite from the place where he so journed , with all the desires of your minds to serve the lord your god . and to you the rest , beside your prayers , the exigence of the church at this present time requires from you many other things . it may be some of you may be called , as souldiers , to spend your blood in the churches cause : if you knew the honour and the reward that belongs to such a service , you would say , as the martyr once , had every haire on your head a life , you would venture them all in the churches cause . it may be others of you may , with nehemiah , be called from your own ease and honour to some wearisome task , embrace it readily . it is like your collections and contributions will be more frequent than ordinary , and very shortly in an extraordinary occasion , for the relief of our distressed brethren in ireland : many in the city of london have set excellent examples , let me provoke you by their pattern , as the apostle paul did the corinthians to the like work , by propounding to them the example of macedonia : onely remember this , that what you give in this case is interpreted by christ as given to his owne person ; and whom would not this provoke ? it is reported of master fox , that when a poore man asked something of him for christ jesus sake , he questioned with the man , whether hee knew jesus christ ; and finding signes that the man was a beleever , hee gave him his horse , when hee had no money . i commend not his discretion , but his zeal and charity were admirable . do somewhat proportionable to the distresse of your brethren ; behold your saviour comming naked , and hungry , and banished in these his afflicted members . and in whatsoever else the lord and his church may have any need of you , remember that gods blessing is upon them that come to helpe him : and that meroz , and with meroz all others are cursed , who come not out to the help of the lord against the mighty . finis . die veneris . febr. . it is this day ordered by the house of commons , that no man shall print the sermons preached on the last fast day , before the house of commons , by master calamy and master marshall , besides themselves , for the space of these two moneths , without the particular licence and approbation of the said house of commons . h. elsynge cler. parl. d. com. these are to give notice , that i appoint samuel gellibrand to print my sermon . stephen marshall . notes, typically marginal, from the original text notes for div a e- introduction shewing . exod. . sam. . the scope of the chapter . iudg ▪ . verse . especially of this verse . and the suitablenesse of it to the occasion psalme . ● division . and interpretation . sam. . . numb. ▪ ▪ zech. . . . rev. . . the maine doctrine propounded . explained . and proved v. . v. . v. . v. . men are cursed or blessed . esay . v. . as they help or help not the church of god . demonstrated . first from the churches relation to god ▪ being made one with him in christ ▪ all are cursed or blessed . as they help or help not gods chur. their cause is his cause . verse . ● . , . zeph. . : psal. . : therefore a good cause ▪ psal. . . psal. . : a noble cause : all are blessed or cursed . cor. . ▪ a successefull cause . isay . . acts . . our relation to the church . all our talents are given us to serve the church . cor. , . eph. . . pet. . . prov. . our conjunction with the church . prov. . . rom , , , , our standing and faling with the church rom. . . . coo. , ● cor. . . application for reproofe to them who help against the church . psal. . deut. . zech , , , isa , ▪ ● , isa , . , to them who stand neuters , kings , , ● , , mat , , , of which two sorts some out of policy , iudge , ● , verse , verse , , , out of slothfull carelesnesse acts . . prov. . . iud , . vers. , for exhortation . to give our selves up to the service of the chur. motives thereunto . from gods honour . from our relation to the church and the churches gaine cap , , , ● , , . act. . . from our owne good ▪ both in our in , wardpeace ioh. . vers. . v. isa. . . heb . . and our honour before god and men . heb. , cor. . . cor , , . v. . thirdly in the greatnesse of our reward . mat. ● . meanes to make us usefull . the persons must be first godly rev. . . . . ● deniers of themselves . luke . . ● tim. . . tim. . . men are cursed or blessed acts . they must love the church . cor. . , . what these friends of the church must doe . by way of preparation , the● must know the wan●s of the church . neh. . dan. . sympathize with them . neh. . dan . they must enquire what is in their hand to help . by way of action , they must pray for it . psal. . . isa. . , . ier. . . what great things prayer is able to doe . ezek . ier. . . . ioh. , . psal. . isa. . . kin. . , . gen . & hos. . 〈◊〉 . . . ●ap . v. quest . answ. and the reasons of it . ro● . . ● rev. . . 〈…〉 〈…〉 . whence all our present mercies ●nd deliverances come and our hopes of more . for reproofe . isa. . . exhortation to help the church by prayer . motives thereunto . psal. . and d●●ction herein . exhortation to p●ize such ●s have the sp●rit of prayer . eccles . . rom. . king . isa. . . zech. . . &c. to employ all our gifts and tale●s as stewards and servants for the church . cor. . . pet. . ● . 〈◊〉 are cu●s●d or blessed as they e●o● . ● . 〈…〉 , for reproofe of most who are strangers to this duty . luk. ▪ . for exhor●ation . to the ho●se of parliament . iob . obad. v. ult. deut. . to all others . matth. . . an act for continuing the powers of commissioners for compounding, &c. advance of money; and for indempnity. england and wales. parliament. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) an act for continuing the powers of commissioners for compounding, &c. advance of money; and for indempnity. england and wales. parliament. sheet ([ ] p.) printed by john field, printer to the parliament of england, london : . order to print dated: saturday the twenty ninth of october, . signed: hen: scobell, clerk of the parliament. reproduction of the original in the british library. eng attachment and garnishment -- england -- early works to . indemnity against liability -- england -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no an act for continuing the powers of commissioners for compounding, &c. advance of money; and for indempnity. england and wales. parliament. a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion blazon or coat of arms an act for continuing the powers of commissioners for compounding , &c. advance of money ; and for indempnity . be it enacted by this present parliament , and by the authority of the same , that an act of parliament , entituled , an act impowring several commissioners to put in execution , all and every the powers and authorities heretofore given to the commissioners for compounding with delinquents , and for managing all estates under sequestration ; and to the committee for advance of money , formerly sitting at haberdashers-hall ; be and is hereby continued , and shall stand , be and continue in full force , until the first day of january , one thousand six hundred fifty and three ; and that samuel moyer , arthur squib , richard moor , josias berners , edward cary , rice williams and john upton , esqs ; or any four of them , be hereby impowred and authorized to put in execution the said act , and all and every the powers and authorities in and by the said act given , and every clause , article and thing therein contained . and be it further enacted by the authority aforesaid , that an act of parliament , entituled , an act for transferring the powers of the commissioners for indempnity , be and is hereby continued , and shall stand , be and continue in full force , until the said first day of january , one thousand six hundred fifty and three : and that the said commissioners , or any four or more of them , be hereby impowred and authorized to put in execution the said last act , and all and every the powers and authorities in and by the same act given , and every clause , article and thing therein contained . saturday the twenty ninth of october , . ordered by the parliament , that this act be forthwith printed and published . hen : scobell , clerk of the parliament . london , printed by john field , printer to the parliament of england . . a most noble speech spoken by the lord cambel of lorne, one of his majesties most honourable privie counsell of scotland. moving the lords house in scotland, in his maiesties presence, for the prevention of such advantages; whereby incendiaries may in the vacancy of parliaments, any way extort from his highnesse proclamations, to inforce the bringing in of innovations into the kirke; or confirming of monopolies, that so all oppressions may be removed from his majesties subjects of both kingdomes. as also, an honourable reply made by the lord lowden, against such, who objected against his former speech. argyll, archibald campbell, marquis of, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing a thomason e _ thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ], :e [ ]) a most noble speech spoken by the lord cambel of lorne, one of his majesties most honourable privie counsell of scotland. moving the lords house in scotland, in his maiesties presence, for the prevention of such advantages; whereby incendiaries may in the vacancy of parliaments, any way extort from his highnesse proclamations, to inforce the bringing in of innovations into the kirke; or confirming of monopolies, that so all oppressions may be removed from his majesties subjects of both kingdomes. as also, an honourable reply made by the lord lowden, against such, who objected against his former speech. argyll, archibald campbell, marquis of, - . loudoun, john campbell, earl of, - . scotland. parliament. house of lords. [ ] p. printed by b. alsop, london : . lord cambel of lorne = archibald campbell, future marquis of argyll. signatures: a⁴. the second speech is identified as thomason e. [ ]. reproduction of the original in the british library. eng great britain -- politics and government -- - -- early works to . scotland -- politics and government -- - -- early works to . scotland -- religion -- th century -- early works to . a r (thomason e _ e _ ). civilwar no a most noble speech spoken by the lord cambel of lorne, one of his majesties most honourable privie counsell of scotland.: moving the lords argyll, archibald campbell, marquis of f the rate of defects per , words puts this text in the f category of texts with or more defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - jonathan blaney sampled and proofread - jonathan blaney text and markup reviewed and edited - pfs batch review (qc) and xml conversion a most noble speech spoken by the lord cambel of lorne . one of his majesties most honourable privie counsell of scotland . moving the lords hovse in scotland , in his maiesties presence , for the prevention of such advantages ; whereby incendiaries may in the vacancy of parliaments , any way extort from his highnesse proclamations , to inforce the bringing in of innovations into the kirke ; or confirming of monopolies , that so all oppressions may be removed from his majesties subjects of both kingdomes . as also , an honourable reply made by the lord lowden , against such , who objected against his former speech . london , printed by b. alsop , . a most noble speech spoken by the earle of argile , lord of lorne , &c. competitour for the chancellor-ship . my lords , what was more to bee wished for on earth , then the great happinesse , this day wee enjoy ? viz. to see his royall majesty , our native soveraigne , and his loyall subjects of both kingdomes , so really reconciled , and united : that his maiesty is piously pleased to grant unto us his subiects , our lawfull demands concerning religion and liberties , and wee his subjects of both nations , cheerfully rendring to his maiesty , that duty , affection , and assistance , which he hath just cause to expect from good people , and each nation concurring in a brotherly amity , unity , and concord , one towards the other ? o what tongue is able to expresse the honour and praise due to that great and good god , who in those late commotions , suffered not the prudent counsels of either kingdomes to despaire of the safety of either commonwealth : but through his blessing to their painfull and prudent endeavours , hath wrought such a happinesse for us , that after the great toyle and trouble , wee have so long on both sides endured , we may now each man , with his wife , children , and friends , under his owne vine , and figtree ( and all under his maiesties gracious protection ) refresh himselfe with the sweet fruits of peace : which i beseech the lord of peace make perpetuall to both nations . now my earnest desire is , that our best studies and endeavours , may be spent in contriving , and enacting such wholesome lawes ; whereby ( as much as in us lyes ) the opportunity and occasion of producing such calamities , as lately threatned to fall upon both nations , may be prevented , if in any age hereafter such miscreants shall goe about to attempt it . it is notorious , that the late incendiaries that occasioned the great differences , betwixt his maiesty and his subjects , tooke much advantage and courage , by the too long intermission of the happy constitution of parliaments . in the vacancy of which , they by false information , incensed his maiesty against his loyall subiects ; and by their vile insinuations extorted from his highnesse proclamations , for obedience to their innovations in the kirk , and pattents for proiects : whereby the poore subiect was both polled , and oppressed in his estate , and enthralled in his conscience . and thus by their wicked practises , his maiesty was distasted , and his subiects generally discontented : in so much , that had not the great mercy of god prevented them , they had made an obstruction betwixt his maiesty , and his liege people , and had broken those mutuall & indissoluble bonds of protection and allegeance . whereby j hope his majesty , and his loyall subjects of all three kingdomes , will be ever bound together : to which let all the subiects say , amen . my lords , the distaste of his majesty , nor discontents of his subiects , could never have growne to that height they did ( nor consequently have produced such effects ) had there not bin such an interposition by those innovators and projectors , betwixt his majesty our glorious sunne , and us , his loyall subjects : that his goodnesse could neither appeare to us , nor their disloyalty and our obedience to him . for no sooner was that happy constellation , the parliament in england raised , and those vaporous clouds dissipated ; but his maiesties goodnesse , his subiects loyalty , and their treachery evidently appeared . our brethren of england finding the intermission of parliaments , to be prejudiciall and dangerous to the state , have taken a course for the frequent holding of them ; whose prudent example , j desire may be our patterne : forthwith to obtaine his maiesties royall assent for the same . by which meanes , his maiesty may in due time , heare , and redresse the grievances of his subjects , and his subjects cheerefully ( as need shall require ) ayd and assist his maiesty : and not onely the domestique peace , and quiet of each kingdome preserved ; but likewise all nationall differences ( if any happen ) by the wisedome of the assemblies of both kingdomes , from time to time , reconciled and determined , to the perpetuating of the happy peace , and vnion of both nations . by the king, a declaration as we cannot consider this invitation of our kingdoms by the prince of orange without horror ... england and wales. sovereign ( - : james ii) approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing j estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) by the king, a declaration as we cannot consider this invitation of our kingdoms by the prince of orange without horror ... england and wales. sovereign ( - : james ii) james ii, king of england, - . broadside. printed by charles bill, henry hills, and thomas newcomb ..., london : . other title information from first lines of text. "given at our court at whitehall the th day of november, . in the fourth year of our reign." reproduction of original in the society of antiquaries library, london. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng great britain -- history -- james ii, - . great britain -- politics and government -- - - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - elspeth healey sampled and proofread - spi global rekeyed and resubmitted - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion j r diev et mon droit honi soit qvi mal y pense royal blazon or coat of arms by the king , a declaration . james r. as we cannot consider this invasion of our kingdoms by the prince of orange without horror , for so unchristian and unnatural an undertaking in a person so nearly related to us ; so it is a matter of the greatest trouble and concern to us , to reflect upon the many mischiefs and calamities which an army of foreigners and rebels must unavoidably bring upon our people . it is but too evident by a late declaration published by him , that notwithstanding the many specious and plansible pretences it carries , his designs in the bottom do tend to nothing less than an absolute usurping of our crown and royal authority , as may fully appear by his assumming to himself in the said declaration the reg●● stile , requiring the peers of the realm , both spiritual and temporal , and all other persons of all degrees , to obey and assist him in the execution of his designs ; a prerogative inseparable from the imperial crown of this realm . and for a more undeniable proof of his immoderate ambition , and which nothing can satisfie but the immediate possession of the crown it self , he calls in question the legitimacy of the prince of wales our son , and heir apparent , though by the providence of god , there were present at his birth so many witnesses of unquestionable credit , as if it seemed to have been the particular care of heaven , on purpose to disappoint so wicked and unparallell'd an attempt . and in order to the effecting of his ambitious designs , he seems desirous in the close of his declaration , to submit all to the determination of a free parliament , hoping thereby to ingratiate himself with our people , though nothing is more evident , than that a parliament cannot be free , so long as there is an army of foreigners in the heart of our kingdoms ; so that in truth he himself is the sole obstructor of such a free parliament : we being fully resolved , as we have already declared , so soon as by the blessing of god , our kingdoms shall be delivered from this invasion , to call a parliament , which can no longer be liable to the least objection of not being freely chosen , since we have actually restored all the burroughs and corporations of this our kingdom , to their ancient rights and priviledges , and in which we shall be ready not only to receive and redress all the just complaints and grievances of our good subjects , but also to repeat and confirm the assurances we have already given to them , in our several declarations of our resolution , by gods blessing , to maintain them in their religion , their liberties and properties , and all other their iust rights and priviledges whatsoever . upon these considerations , and the obligations of their duty and natural allegiance , we can no ways doubt , but that all our faithful and loving subjects , will readily and heartily concur and joyn with us , in the entire suppression and repelling of those our enemies and rebellious subjects , who have so injuriously and disloyally invaded and disturbed the peace and tranquillity of these our kingdoms . given at our court at whitehall the th day of november , . in the fourth year of our reign . god save the king . london , printed by charles bill , henry hills , and thomas newcomb , printers to the kings most excellent majesty . . down-right dealing, or the despised protestant speaking plain english to the kings most excellent majesty the honourable houses of parliament. the city of london. the army. and all other peace-desiring commons of this divided and self-destroying kingdome. / written by j.h. an impartiall observer of the present transactions of the court, city, and camp. howell, james, ?- . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) down-right dealing, or the despised protestant speaking plain english to the kings most excellent majesty the honourable houses of parliament. the city of london. the army. and all other peace-desiring commons of this divided and self-destroying kingdome. / written by j.h. an impartiall observer of the present transactions of the court, city, and camp. howell, james, ?- . p. s.n.], [london : printed in the year of discoveries. . j.h. = james howell. place of publication from wing. annotation on thomason copy: " ber [i.e. september] ". reproduction of the original in the british library. eng great britain -- politics and government -- - -- early works to . great britian -- history -- civil war, - -- peace -- early works to . london (england) -- history -- th century. a r (thomason e _ ). civilwar no down-right dealing, or the despised protestant speaking plain english: to the kings most excellent majesty the honourable houses of parliam howell, james d the rate of defects per , words puts this text in the d category of texts with between and defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - elspeth healey sampled and proofread - elspeth healey text and markup reviewed and edited - pfs batch review (qc) and xml conversion down-right dealing , or the despised protestant speaking plain english to the kings most excellent majesty the honourable houses of parliament . the city of london . the army . and all other peace-desiring commons of this divided and self-destroying kingdome . written by j. h. an impartiall observer of the present transactions of the court , city , and camp . a kingdome , city , or house , divided against it self cannot stand . printed in the year of discoveries . . to the reader . reader , what ere thou chancest to be , i neither fear , nor care : the frown of the mighty ; the fleer of the froward , nor the censure of the severe , shall neither distaste , nor deter me from publishing these few following pages : onely to prevent prejudicacy , know , that these are not the fruits of discontent , nor blessinge● of fact●●●… neither are they intended to kindle that fire , which already ( though seemingly smother'd ) blazes too fast , but rather to quench it : it may be one will tax me of arrogancy , another of simplicity , a third of singularity , 't is no matter for that , what j have writ , i have writ , truth it is j am sure , and more j beleeve then some will be willing to hear , let him that is the most guilty be the least offended , least they make the proverb true , and prove his own discoverer . all j desire is that who ever shall vouchsafe to peruse these following pages , would do it seriously and judge impartially , and then let them praise or dispraise , frown or smile , i care not : to the kings most excellent majesty . most gracious soveraign , let it not be thought a crime unpardonable , if one of the poorest of your subjects ( presuming on your clemency ) doth offer unto your majesty what he hath observed to be destructive to the peace of this poor kingdome , and dangerous ( if not speedily prevented ) to undermine not onely the honour and safety of your majesty and royall posterity , but also the supporters thereof ; ( to wit ) the law of the kingdome , and peace of the people ; in the ruin whereof your majesty and posterity must certainly bear the greatest share , and sustain the greatest losse ; the law of the kingdome , and the peoples peace , being altogether essentiall with the honour and kingly domination , of your majesty , and without which , both king and people must necessarily run into confusion , the truth hereof your majestie hath had experimentall knowledge of for these late years , and at this day cannot want examples to demonstrate the truth of this particular . now forasmuch as what is past recall , is also past cure , since what might have been commanded cannot now be entreated , since power cannot , policy must , since rage cannot prevaile , let reason reconcile , make necessity a ve●●…e , and rather conquer by courtesie , then compell by soveraignty . and now most gracious and great prince , suffer this humble but serious capitulation ▪ can it consist with wisdome ▪ if it be according to god ) to esteem any thing to great or good to be parted withall ▪ for the 〈…〉 ence , for the making up so large a breath ? for the stopping the torrent of such a doluge of crimson confusions , as have already and do dayly again threaten to break in upon your kingdomes ? a good sheep-heard will give his life for his sheep , a gracious king for his people ▪ and will not your majesty part with a superfluous sprig , a meer pun●●●…o , or thread bare excressence of honour or power for the saving of your poor people ? what man would not lose one member to save all the rest ? are you so far in love with the shaddow that to preserve it , you will hazzard the losse , nay ruin of the substance ? are you so far in love with some few ( perhaps flatterers ) if ●…ot traytors ) that to be mercifull to them , you will be unmercifull and unjust too , to all the kingdome ; certainly most gracious soveraign , there may be wisdome in so doing , but it cannot proceed from god , neither can it conduce to the good of your self , posterity of people ; surely , if your people were made for you , you were likewise made for them , one for the good of the other , and not one to destroy another ; you were made a soveraign that they might be subjects , not slaves , that you might protect them , not devour them ; that you might do justice and execute judgement , to the poor and to the rich impartially , not suffer the rich and mighty to eate up the poor and devour the widdow : the magistrate ( that is of god ) is not a terrour to good works , but to the evill , not a persecuter of the people of god but a protector and preserver of them , and what magistrate ▪ soever shall pretend to have received a power from god , if he imploy it not in all things according to gods end , he will certainly come to naught , he shall perish , and those whom he hath cast down and endeavoured to destroy , shall rise up against him , and he shall not be able to stand in that day , but shall ●lee● before them ▪ to conclude , if your majesty ( according to your so often reiterated expressions in your declarations ) do really intend to take all oppertunities to save this poor kingdome in a right sense , now is the time to manifest your self herein and by some self denying testimony effectually act for the re-establishing the poor commons of england in their ancient birth rights , and securing them therein , providing for a due execution of justice , and countenancing of godliness in your dominions , which being speedily , cordially , and effectually done , your majesty need not doubt but to finde , your present losse to produce a future gaine , by the increase both of your power and love of your people , which will cause such a mutuall confidence betwixt you and your subjects , as will both comfort your heart and strengthen your hands against the secret complotments of foes at home , or publike attempts of enemies abroad , and cause all your now discontented , and distrushing people to be united , and with one heart and assent to cry ▪ long live our gracious soveraign , &c. to the parliament . grave senators , after seven yeare sufferings , and tedious expectation to be delivered from our then declared pressures and grievances , give us leave , ( for loosers should have leave to speak ) to tell you , we cannot but with bitterness of spirit declare , that we wonder by what strange and unheard of presidents , this parliament hath acted ; there having been never before any visible rule for such actions , in or by any parliament . but leaving things that are past cure , let us come to expostulate with you about future security . can it , think you , consist with the peace and wel-fare of the kingdome , especially considering the state and temper of the people , and the present exigences of the state . that you who should be acting joyntly for the securing of the kings authority , and subjects liberty , should be divided into factions and acting for your own particular interests ? is this to discharge that trust which you have in the presence of god sworn to perform ? surely so long as you thus continue to beate and bandy one against another , to pull down one faction to set up a second ; a second to set up a third ; to hang one theef that you may make another ; so long as you are thus selvish and partial in sparing men , ( i was about , nay i will say , knaves ) because they will side with you in carrying on your own designs , so long we cannot hope for any good either by you or from you , so long we are confident ( what ere you may pretend ) you intend no good to the king or kingdome , neither can any thing you do , compose or perfect that great work which you were called to and undertook , ( to wiy ) to ease us of our burthens , and establish justice with righteousness ; since 't is a meer contradiction ; and contrary to sense or reason for us to think that ever we can be eased of oppression by oppression , or obtain justice by injustice : 't is true your great oppressions of late years may make us forget our former petty sufferings , but never settle us in a true course of freedome , nor secure us for the future from injustice . therefore to conclude unless you do immediately lay aside all by-respects and your own interests , and unanimously joyn and act for the securing of the kingdome , and give a speedy testimony thereof , by your walking in the parts of justice and righteousness ; unless you do immediately administer justice and execute judgement impartially and endeavour to settle a firm and lasting peace , whereby the king may be with due honour invested , and the kingdome in its just liberty secured ; truely the kingdome shall not onely have been by you already exposed to many hazzards , ( besides the large expence of blood and treasure ) but shall for the future be necessitated , to curse the time that ever they entrusted you ; and be forced in justice to prosecute you as persons which had power , but not wills to restore them to their ancient liberties , and that which might have been an honour to you and your posterities in the generatons to come , will be recorded as a brand of obloquie , that such a parliament sate seven yeares , to enrich themselves , enslave , the whole nation . to the city . grave citizens , in whom wisdome was once chiefly resident , though now ( it is to be feared ) a great stranger ; how comes it to passe that such a spirit of giddiness possesses you ? what , have you found out new wayes to make your selves famous ? ( i fear miserable . ) you that were the glory of the nations , the envy of your foes , and the admiration of strangers , are now become the amazement of your friends , the scorn of your enemies , and a by-word to all nations ▪ cast but an eye upon your follies , and see into what a condition your division , nay , your prlde hath brought you : you that exalted your selves almost above the heavens , are now fallen , if possible , lower than the earth ; your towring pride is now buried in the dust of division ; you have been long time in travaile with joy , and now are delivered of sorrow : i wish you could yet see in this your day the things that belong unto your peace ; what , hath the love of money , eaten up your love towards one another ? hath your earnest pursuite of religion , forst religion to a squat ; truely you have hunted fairly , you have strove so much for religion in the church that it is to be feared you have lost it in your hearts ; these are the fruits of division , your presbytery , and independency , your outward formes and formall circumstances ; what , have you strove so long for the shaddow that you have lost the substance ; have you forgot that it is neither circumcisiou nor uncircumcision that availeth ought , but a new creature ; have you forgot that love is the fulfilling of the law , and a gospell duty : surely , this division is of the devill and not of god , for god is love , and his people are carried out with a spirit of love , and not of hatred and contention , envie and emulation . therefore dear friends and fellow citizens , i beseech you lay your condition ro heart , examine the ground of your division , and you will finde it to be the pride of your hearts , your self-conceitedness , &c. and cloath your selves in self-abhorrency , let him that would be the greatest be the least among you , let him that would or thinks himself wise , be a fool for christs sake , learn to bear with one another , labour to see that you are members of one body , united unto one head , and love one another , and administer unto the necessities one of another , so shall your love encrease and your divisions dye , but if you shall continue to widen the gap , confusion will enter , and what will ye do in that day ? to the army . gentlemen , actions are alwayes honourable that are compassed by just wayes , and aim at good ends , for wee ought not to do evill to produce good , neither should there be publike pretences made use of to advantage or secure private interests , i hope the contrary now , but yet i fear the event ; when the fabrick is larger then the foundation , there is great danger in the building ; so when the undertaking is greater then the power of the undertakers , truely 't is to be feared there will be more hurt then good , more detriment then advantage acrue to the persons concerned therein . gentlemen , your undertakings and engagements thereupon i have seriously observed , and impartially scanned , i find the end good , but the manner and prosecution hitherto , hath not been so good as i could wish ; and the temper , nay , necessity of the kingdome doth require : you engaged , if i mistake not , not to give over , nor look back untill you had to the utmost of your powers made provision ( not onely for your selves , and own interests as souldiers ) but as commoners ; and with your selves , all the free commons of england , that they and you together might be for the future protected and secured from all violence and oppression whatsoever , and in whomsoever and that there might be a due administration of justice and judgement , with righteousness : now give me leave to demand the cause of your retreat from the pursuance of this so honourable action ? how comes it to passe , i hear so many private whispers among you ; that you have nothing to do to meddle with any thing that concerns the kingdome , but meerly what concerns your selves , and your own particular actings : was it just or lawfull for you to enter into an ingagement , to perform that , which you now seem to dis-own , as unlawfull : surely , either there wanted a serious consideration at first , or else interests hath abated your resolutions at last ; which if either , how dishonourable it will be to your selves , how destructive to the kingdome , be your own judges . if the welfare of the people be the supream law , as you have sometimes granted , yea affirmed ; then whatsoever is contrary or standeth in opposition to that , is destructive to that main end , and therefore not onely to be avoided at present , but prevented for the future . but oppression and injustice particular interests , &c. are direct in opposition to the welfare of the people and altogether destructive , therefore to be prevented and removed . and certainly what cannot be repelled by policy , maybe by power , for if there be not a sufficient means left for the attaining the end , it is altogether vain and to no purpose . but to every end there is a sufficient means , therefore if the welfare of the people cannot be secured by one means , it may by another , if not by policy , then by power according to the parliaments ow● language to the king , the kingdome must not be without a means to preserve it selfe . and truely if the kingdome hath a means to preserve it self against the king , being then acting against the welfare of the kingdome ; it hath a power likewise to secure it self against the parliament , and army too , if they shall act , in the same way , and shall not prosecute the main end ( to wit ) the peoples welfare . how comes it to passe i beseech you that there is such sidings among you ? one great man favours another , and stomacks his opposer ; and let him be never so bad , so he will side insecuring some great persons particular interests in power among you , he shall not only scape scot-free , but be countenanced and protected among you : little theeves are hangd and great ones let go . is this to be single hearted ? will you that have taxed the king and parliament of partiality , be partiall too ? what a blemish will this be to all your former actions ? that you should now fawn upon those for favour , who would have rejoyced to have seen both you and the kingdome weltring in flouds of blood and confusion ; and who , it is to be feared by your too great indulgence and credulity , are plotting your destruction . i beseech you gentlemen consider , you stand upon a sandy place , which will , if not carefully looked to , devoure you , lay aside all interests and be what you have pretended to be , let not your own honour or promotions be onely aimed at , but have sole respect unto the peace of the kingdome . i have with sorrow observed . that there are , i may say too many among you , too great in power , who are swaid by passion not reason , who speak much against injustice in others , but never knew what it was to be just them selves ; men neither of discretion nor religion , what ere they may pretend , who do vehemently act for to gain applause and the favour of great men , and not for any love to the peace of the kingdome : now it is very unlikely that ever such a man can do ( or at least intends ) a generall good , unless it may advantage his own interest . i beseech you observe and beware of such persons , you may easily finde them ; for such persons in your councells will do you more hurt then all your other enemies , be not deluded by pretences though never so specious ; those persons that plead so much for delay , and argue so critically , intend no good to you , but carry on a dangerous design against you and the whole kingdome . and you may assure your selves the adversary , with whom you now run a contest , could never have gained so much time , nor brought you to such an exigency , had they not been encouraged , nay , assisted by some that have too much power and influence in your councell . gentlemen , the eyes of the kingdome are upon you ; and unless you answer their expectations and perform your promises and engagements , and that speedily ; truly , you will stand at as great a distance in their affections as others have done before you ; lose not this opportunity , seek the peace of the kingdome now , and seek your selves afterward , lest while you contend so earnestly for a shaddow , you lose the substance , be for pure justice without respect of persons , and let the kingdome see , that you will not favour or disfavour any person for siding with or against you , or for being of this or the other judgement . but that all persons of each party shall receive from you equall respect , according to their merit . but if you shall appear partiall to some , and severe to others ; if you shall do the works your selves , which you condemn in others : if you shall pretend to free us from one form of slavery to involve us in another , assure your selves , division and confusion will follow , and a worm will rise from your own bowels which will certainly devour you and consume your former glory . read and practice , prevent . farewel . to my fellow commons which desire peace . moderation in a multitude is ( rara avis in terra ) especially in england , of late years ▪ where rage , not reason , hath had the rule and soveraignty ; when the reynes of the bridle are thrown in the neck the unruly beast runneth where he listeth ; and truly such hath been the practice of you my fellow-commons for this seven years almost ; although you have received many a curb , and oft bit of the bridle for it , yet still like a head-strong horse you are stubborn and untamed , fearing neither switch nor spur ; and it is to be feared you will still persist until you are quite tyred ; to prevent which give me leave to expostulate with you a little ; it hath been often said , that misery is a schoolmaster to wisdom , and that wit is the best when it is dearly payd for , and truly i beleeve you have payd enough for it , hath not the plundering of your estates , the burning of your houses , the murdering of your children , the inslaving of your persons , taught you to hate war and love peace ? how comes it to pass then that there are so many murmurings amongst you , one part for the king , another for the parliament , another for the army , another for neither ; what are you frantick ? hath reason given place to rage , wisdom to folly , meekness to madness ? have you been so patient under seven years sufferings by war , and cannot you contain your selves one year in peace ; what , like children , all at an instant or none at all ? just like a fool that because he could not be rich in one day , would be a beggar all his life . certainly a spirit of fury ( i may say folly ) hath bewirched you , and put you upon the purchase of perpetual desolation to your selves and posterities ; and you with eagerness pursue it , in despite of those that would prevent it . in a word ; know therefore , unless you do with patience wait for the establishing of that peace which you desire , and give limits to your unlimited contentions , unless you lay aside your prejudicacy and censuring until you see the event , unless you seriously apply your selvs to make up the breach between your selves and your soveraign , the parliament , army , and city , and one another , and every one in his place and relation set his hand to the reducing of things to their proper center , unless both magistrates and people do i say with one accord , seek peace and establish judgment and righteousness , in vain are and will be all these mutterings and commotions , and do what they and you can , confusion and desolation wil break in upon them and you , and then when it is too late you may repent , but not prevent your destruction . this is the sence of him that sees great cause to fear this wil be the end of all this division if providence do not interpose very suddenly . postscript . i beseech you labour to love one another , and to be faithful each to other . let soveraigns seek the good of their subjects , and subjects the honour and peace of their soveraigns . let parliaments be faithful , and people peaceable : let souldiers be valiant for justice , but not factious for preferment ; let king , parliament , city , army , and people unite and joyn in the bonds of love , and leave judging , suspecting and reviling one another . then shal you see and enjoy a happy peace and the fruits thereof ; then shal the lamb lie down with the lion ; then shal not the voyce of the oppressed be heard in our streets , but joy , peace , plenty , and the most wished delights that are , or can be imaginable , or desired , be freely communicated unto you by the hand of jehovah , who is the god of peace , and hath annexed a blessing to the lovers thereof . farewel . thine , if thou studiest the peace of england . j. h. finis . for the lord protector. i stand amazed to see, that from june last, the time i communicated unto you the matter of this book, ... gostelo, walter. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing g thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) for the lord protector. i stand amazed to see, that from june last, the time i communicated unto you the matter of this book, ... gostelo, walter. sheet ([ ] p.) s.n., [london : ] title from caption and opening line of text. dated and signed at end: . of january . walter gostelo. imprint from wing. annotation on thomason copy: the date at end has the final ' ' crossed out and replaced with a " ". reproduction of the original in the british library. eng gostelo, walter -- charls stuart and oliver cromwell united. charles -- i, -- king of england, - -- early works to . cromwell, oliver, - -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no for the lord protector. gostelo, walter. a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion for the lord protector . sir , i stand amazed to see , that from june last , the time i communicated unto you the matter of this book , and that ever since i have not onely intended , but endeavoured to the utmost of my power the printing of it , for the well disposing and conforming the parliament , to put in practise what therein is contained : god hath so over-ruled and prevented me , that untill the very day you dissolved that parliament , i could never perfect the book ; that very day i did , and the next god gave me the happy opportunity of presenting it , with a letter into your own hand , as you came from your council : i pray god direct you and them in all their consultations for the best , i see that gods own time is the fittest , and that he onely makes choice of instruments for the bringing about his purposes , whether to works , or happiness : evident it is , your council may share that with you now , which the parliament were not fit for then : you persons of worth and honour , now being of council with the protector , you and he also must do , as this book directs ; god sends and affords to you what he denied , to the dissolved parliament . worthy protector and council , read , know , and see clearly ; the honourablest , wisest , best , and most considerablest people of this kingdom desire kingly government , the person , none but him , whose unquestionable right the crown is , charls stuart . that you sir , should bring him in , is the furthest imaginable from most mens belief , yet that is your duty , this book will tell you , and how beloved you are of god , it will tell the people , whom untill now never understood you so . god and this book will keep up your honour untill your king comes , and then you and yours having done most excellent things , god and your king will give you , and them as much honour as is requisite . i know gods blessing goes with the book , and that his prophesie , fulfilled it must be to your perpetual honour , security , and happiness , but the worlds amazement . sir , be pleased forthwith to read it , readily apply your self to do as it directs , and never decline well doing all your dayes , you have both given you of god from the unworthiest of his , and humblest of your servants walter gostelo . from my house in broadstreet , this . of january . sir , having presented the book and letter to you , oliver cromwel protector , and since given to every of your council one of the same , i shall proceed with my utmost endeavour to possess all christian kings with the book , the jewish rabbies , the see of rome , expose them to sail in the cities of the three kingdoms , present them to both universities , all which being my duty , as the servant of god almighty , and yours vv. g. by the king and queen, a proclamation declaring the parliament shall be prorogued until the fourteenth day of june next england and wales. sovereign ( - : william and mary) approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing w estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) by the king and queen, a proclamation declaring the parliament shall be prorogued until the fourteenth day of june next england and wales. sovereign ( - : william and mary) mary ii, queen of england, - . william iii, king of england, - . broadside. printed by charles bill, and the executrix of thomas newcomb decease'd ..., london : . "given at our court at whitehall the sixteenth day of may, . in the fourth year of our reign." reproduction of original in the harvard university library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- parliament. great britain -- politics and government -- - . great britain -- history -- william and mary, - . - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion monogram of 'w' (william) superimposed on' m' (mary) diev et mon droit honi soit qui mal y pense royal blazon or coat of arms by the king and queen , a proclamation , declaring the parliament shall be prorogued until the fourteenth day of june next . marie r. whereas our parliament is now prorogued to the four and twentieth day of this instant may ; and whereas by our proclamation of the fifth of this month , for the reason therein mentioned , we thought fit to declare our pleasure , that our parliament should not only meet on the said four and twentieth day of may , but should continue then to sit for the dispatch of divers weighty affairs . we taking it into our royal consideration , that our navy being now at sea , and joyned with that of our allies , and in a readiness ( by the blessing of god ) to resist and repel the designs and attempts of our enemies : and being unwilling to call our subjects from their habitations at this season of the year , unless in case of necessity , have therefore thought fit ( with the advice of our privy council ) to publish and declare , and we do hereby publish and declare our royal pleasure , that our parliament shall upon the said four and twentieth day of may , be further prorogued to the fourteenth day of june next , whereof lords spiritual and temporal , and the knights , citizens and burgesses of the house of commons , and all others whom it may concern , may hereby take notice , and order their affairs accordingly . we letting them know , that we will not at the said four and twentieth day of may expect the attendance of any , but such as being in or about the cities of london and westminster , may attend the making of the said prorogation , in such manner as heretofore in like cases has been accustomed . and we to hereby further declare , that convenient notice shall be given by proclamation , of the time when our parliament shall meet and sit for the dispatch of business , to the end that the members of both houses may order their affairs accordingly . given at our court at whitehall the sixteenth day of may , . in the fourth year of our reign . god save king william and queen mary . london , printed by charles bill , and the executrix of thomas newcomb deceas'd ; printers to the king and queens most excellent majesties . . new presbyterian light springing out of independent darkness. or vi. important new queries proposed to the army, and their friends and party of the houses; concerning the late ordinance for repeal of the new militia of london, setled by an ordinance of both houses, when full and free, for an whole year, (not yet one quarter expired;) and other late repeals of ordinances and votes; and the high declaration against the intended petition and engagement of the londoners and others, for the speedy settlement of the kingdomes peace: occasioned by the debates thereof in the common councel in the guildhal on saturday last, the of this instant iuly. discovering the dangerous consequences of repealing ordinances and votes, and the independents, sectaries, and armies plots, to blast the honour, justice, and reputation of this parliament, thereby to dissolve it and all others in it; their false pretences of peace, when they intend nought lesse; and their strange injustice and malice against presbyterians, which will end in their own dishonour and downfal. prynne, william, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing p thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) new presbyterian light springing out of independent darkness. or vi. important new queries proposed to the army, and their friends and party of the houses; concerning the late ordinance for repeal of the new militia of london, setled by an ordinance of both houses, when full and free, for an whole year, (not yet one quarter expired;) and other late repeals of ordinances and votes; and the high declaration against the intended petition and engagement of the londoners and others, for the speedy settlement of the kingdomes peace: occasioned by the debates thereof in the common councel in the guildhal on saturday last, the of this instant iuly. discovering the dangerous consequences of repealing ordinances and votes, and the independents, sectaries, and armies plots, to blast the honour, justice, and reputation of this parliament, thereby to dissolve it and all others in it; their false pretences of peace, when they intend nought lesse; and their strange injustice and malice against presbyterians, which will end in their own dishonour and downfal. prynne, william, - . p. [s.n.], london, : printed in the year, [ ] attributed to william prynne by wing. annotation on thomason copy: "july th". imperfect: trimmed at foot, affecting imprint. reproduction of the original in the british library. eng england and wales. -- army -- history, ( th century) -- early works to . presbyterianism -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason e _ ). civilwar no new presbyterian light springing out of independent darkness. or vi. important new queries proposed to the army, and their friends and party prynne, william c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - jonathan blaney sampled and proofread - jonathan blaney text and markup reviewed and edited - pfs batch review (qc) and xml conversion new presbyterian light springing out of independent darkness . or vi . important new qveries proposed to the army , and their friends and party of the houses ; concerning the late ordinance for repeal of the new militia of london , setled by an ordinance of both houses , when full and free , for an whole year , ( not yet one quarter expired ; ) and other late repeals of ordinances and votes ; and the high declaration against the intended petition and engagement of the londoners and others , for the speedy settlement of the kingdomes peace : occasioned by the debates thereof in the common councel in the guildhal on saturday last , the of this instant iuly . discovering the dangerous consequences of repealing ordinances and votes , and the independents , sectaries , and armies plots , to blast the honour , justice , and reputation of this parliament , thereby to dissolve it and all others in in their false pretences of peace , when they intend naught lesse ; and their strange injustice and malice against presbyterians , which will end in their own dishonour and downfal . london , printed in the year ● new presbyterian light springing out of independent darknes or six important new queries , proposed to the army and their friends and humble servants of the houses ; concerning the late ordinance for repeal of the new militia of london , setled by an ordinance of both houses , when full and free , for an whole year ( not yet one quarter expired ) and other late repeals of ordinances and votes ; and the high declaration against the intended petition and engagement of the londoners and others ; for the speedy settlement of the kingdomes peace , &c. it is a common observation , that new laws ever beget new doubts and questions : so have some new ordinances and declarations concerning the militia , petition and engagement of london , in the common-councel an saturday last ; reducible to the ensuing six queries . . whether ordinances and votes of both houses , passed with mature deliberation in a ful and free parliament , over-awed by no armed power , may or can in point of honor , law , or justice , be retracted or repealed on a suddain , upon the request or demand of a mutinous army , by any contrary ordinances or votes , made upon less debate or consideration ; when the houses were neither so sul nor free as befo●e , and divided in the later , but not in the former ordinances and votes , and that in the same session of parliament ? and whether the armics and independents end in putting the houses now upon such repealing ordinances and votes , ( for which they have sufficiently jeered and abused them in print , and manifested the dishonor and prejudice of it , in their humble remonstrance of iune . p. . . ) is not to render parliaments vile and odious to the people ; and thereupon to abolish them , and change the whole frame of government of this kingdom , into a councel of war , and agitators for the present , and a popular anarchy for the future ? but we trust all wel-affected intelligent people wil be so discreet , as to turn the blame and odium only upon the cheif plotters , and drivers on of this design ; and never grow weary of parliaments , but of that factious army & their confederates , who thus pervert and abuse them , and deserve exemplary punishment for it . . whether such a manner of revoking ordinances , and eating or repealing former votes , wil not render all ordinances and votes contemptible , ridiculous , and of little or no validity ; and shake all the ordinances and votes of both houses , either for the souldiers and others indempnity , in acting for the parliament , upon any ordinances ; or for the security of moneys advanced for the publique service , upon the excise , goldsmiths hall , sale of bishops lands &c. and make all such security invalid , since revokable at pleasure , if the army or independents shal but propound it ? and then in what sad condition are the poor presbyterians , who have engaged all their estates upon the faith of such ordinances and votes , to raise , maintain , and gratify independent forces , officers , members ( who have contributed least of any , and received most ) who may dash and null all their securities in a moment , if they comply not with them ? and whether the citie , common-councel , and all others who have advanced moneys , or acted upon any ordinances , have not just cause to question the validity of such repealing ordinances and votes , which may endanger their very lives , liberties and estates , and expose them to all kind of extremities ; notwithstanding their oft promised protection and indempnity ? . whether the suddain repeal of the ordinance of parliament , of the of may , for the militia of london , setled by unanimous consent of the common-councel ▪ and both houses when ful and free , to continue for a ful year ( at least ) upon a bare motion from the army ( whom it no ways concerned , and who never motioned it to the city or their commissioners , in any of their letters or treaties with their commissioners , for ought appears ) only to the commons house , without any grounds or satisfactory reasons alledged for this suddain change , or once hearing or conferring with the city or militia ( as they have usually done upon all other occasions of far less consequence then this ) by an ordinance of . july . ( before three moneths of the time expired ) which renders no reason at all of the alteration ; be not a jesuitical device of some swaying sectaries and independents ; partly for to alienate and divide the city from the parliament ( who cannot but resent it as an high discourtesie and affront , and a very ill requital of all their former services and fidelity to the parliament , which hath been so oft supplied by their bounty , and preserved by their valour , when few or none else stood by them to the effusion of their blood , & advanced no less then . l ▪ at once for the new-modeling & raising of this very ungratful army , which now thus unworthily puts such an insufferable disgrace upon them . ) but principally to gain the tower of london and magazines in it , into the independents and armies custody , to inslave and command the city at their pleasure ; they having formerly plotted to surprise it by stratagem , which would have rendred them very odious ; and this being a far more plausible way to gain its possession , by color of an ordinance of both houses , who must bear all the blame , and envy , whiles the contrivers of it go scot-free . . whether this president at the armies instance , of repealing the old ordinance of the militia by a new ; may not prove a dangerous leading case for the houses sodainly to repeal sir thomas fairfax and all his officers commissions , which are but durante beneplacito : & quamdiu se bene gesserint ; ( and therefore all * forfeited by their mutinies and disobedience : ) and the late votes for putting all the forces in pay within the kingdom under his command , and for the continuance , pay and establishment of the army : with all other late votes passed in their favour and at their desires , and their very act of indempnity ? and then what wil become of their worships ? have they not then made a rod for their own tails ; and a halter for their own necks , in stead of the cities by this new ordinance of repeal , made with more hast then good speed ? . whether the house of lords and commons have not by their ordinance for the taking of the solemn league and covenant , authorized , obliged , and engaged all wel-affected citizens , gentlemen , soldiers , and subjects of the kingdom , who have taken it , solemnly to unite their heads , hearts and forces together at this present ( and upon all other just occasions ) for the preservation of religion and vniformity in church-government against heresie , error , blasphemy and schism ; the safety of the kings person and authority ; the defence of the just rights and priviledges of parliament , and of their own lives , estates , liberties ; ( all now endangered by a schismatical mutinous party in the army and their confederates ) the present effectual relief of distressed ireland , and bringing his majesty to or neer his parliament , in an honorable and just way , for the speedy settlement of a firm and happy peace , after all our expensive and bloody ▪ wars , so long delayed since the war hath ceased , to their great grief and dammage ? if not , then they and others are all mistaken in the words and tenour of the league and covenant , engaging them thereunto in positive terms under pain and censure of detestable perjury , apostacy ; neutrality ; and that they shal not suffer themselves directly or indirectly by whatsoever combination perswasion or terror ( be it of an whole revolting army or a declaration of high treason either from his majesty or any independent members of either house , or any sectaries who have either not taken , forgotten , or abjured the covenant ) to be divided or withdrawn from this blessed vnion and conjunction , either to make defection to the contrary ( prelatical , sectarian or independent ) part , or to give themselves to a detestable indifferency and neutrality in this cause which so much concerns the glory of god , the good and peace of the kingdoms and honor of the king : but shal all the days of their lives zealovsly and constantly continve therin against all opposition , and promote the same , according to their power against all lets and impediments ; be it from the army or any other ? if yea , as is irrefragable ; then with what conscience , face or justice can such be declared traytors , or guilty of treason , who shal now re-engage themselves to make good this league and covenant , and that by those very houses ( perchance not persons ) who formerly enjoyned and earnestly pressed them to take it , and proclaimed them treacherous and perjured if they brake it ? was ever such a strange contradiction as this , heard of in the world before ? the king proclaimed those traytors heretofore , who should adventure to take it by the houses command ; and the independents in the houses must now declare those , who have taken it by their order , traytors , because they conscionably keep it against a perfidious armies mind , who have highly violated it in every particular branch . but to requite their kindness , those honest covenanters wil inforce them and make it good at their utmost perils before all the world : that those who wilfully and treacherously break this league and covenant , are traytors ; not those who zealously and constantly continue therein : and if their decryed petition and engagement be treason ; the armies seditious , mutinous petitions , declarations , demands and letters , and seising and detaining of the king from the parliament against their votes and covenant , is much more treason : and therefore this strange subitane declaration of their friends and party serves only for this good use , implicitely and by way of necessary sequel ; to proclaim the generals , officers , agitators and armies declarations , proceedings and demands high treason at the least ; seeing they resolve and declare ( by what law is questionable ) the very signing of this new harmless ingagement , ( warranted by the solemn league and covenant ) to be such ; which they had neither justice nor courage to do before in direct and positive terms , as they ought and should have done : which declaration is as justly revocable no doubt as that , and may be more reasonably excepted against , then that against the armies seditious petition , & engagement , the* seminary and ground-work of all their undutiful and treasonable proceedings since , against the king , parliament , and poor dying ireland . . what reason or justice is there , that sir thomas fairfax , cromwels , cornet joyce , the agitators and armies confederacy and * solemn engagements to seize the kings person ; march up to london to enforce the houses , impeach and demand xi . eminent members at once , without just cause ; subvert the rights and freedom of parliaments ; propose very high and unreasonable demands , to which they must receive a present answer , or else be enforced to take extraordinary courses ; draw all other forces in the kingdom , and those designed for ireland to combine with them against the parliament ; their seizing of general poyntz , and sending him to the army to be tryed by a councel of war for his life , only for disswading his officers to joyn with the agitators and armie in these treasons ; should never be declared nor proclaimed treason by the houses all this while ; and yet the poor faithful citizens ( to whom the houses owe their lives and preservation more then to the army ) be sodainly declared traytors by them , only for reingageing themselves according to their covenant , to defend the king , parliament , and city , against these revolters , and to endeavour a safe & speedy peace ; which the world wil beleive the army and their freinds in the houses never cordialy intended , but pretended , only to delude the people ; because they declare the citizens desire and engagement to effect it , to be no less then * treason , and a very dangerous design , discovered to the speaker , in a letter by col. harvey , with the names of the chief conspirators , from his bishoprick of fulham , the purchase whereof , and something else hath made him lately independentish : and why was h. m. that chast and saint-like independent , ( who hath so much honesty as never in two years space , after divers summons , to give an account of the states money he received , and so much piety , as to plead for that most damnable heretick and blasphemour , best and his books ) imployed to draw up this declaration against the citizens petition and engagement ; who pleaded so violently for the revocation of the declaration against the armies petition , as an high breach of the subiects priviledg● and birthright , fit to be revoked ? surely it seems it is either because some independent grandees of the houses were privy and consenting to all these trayterous actions and proceedings of the army and so would not declare against them ▪ for fear of proclaiming themselves traytors , as wel as joyce and the army ; or because the times are now so metamorphosed , and the independent party become so strong by the impeachment and d●iving away of the presbyterian members ; that high treason in an independent and sectary , is become a commendable vertue , at least an irreprehensible offence , and a presbyterians meer performance of his solemn league and covenant ( which this declaration , it seems , would utterly repeal ) become no less then treason ; so much are presbyterians down the wind , and such is the independents and sectaries brotherly affection and liberty of conscience towards them , even for doing their conscience . what may they expect from them hereafter , who are so injurious and harsh towards them already ? the independent and sectarian party now are grown so confident , that they think the whole kingdom and both houses theirs , and the presbyterians quite defunct : and thereupon have newly published a libel with this title : the last wil and testament of sir john presbyter ; who dyed of a new disease , called , the particular charge of the army , &c. with his life , death and bvrial ; also his epitaph : ( discovering their mortal hatred to presbyterians , and the armies design to kill and bury them , ) which they presume already done by the armies charge : but , gentlemen , be not over hasty : sir john presbyter , though he hath silently slept a while , is now awaked ; and neither dead nor buried , but alive , and alive will be , when king john of leyden , the anabaptist , and saint ignatius loyola , the jesuited independent may be strangled at tyburn , or lose their pates on tower-hil for their sacred treacheries ; the whole series and history whereof , with the names , places of meeting , debates , letters and resolutions of the chief heads of the faction from time to time , and those who have treacherously revolted to them for base private ends , he wil speedily publish to the world to their eternal infamy , to shew he is still alive and unburied , and privy to their deepest secrets ; which he wil not only charge but make good against them , in a more honorable and parliamentary manner , then the army did , or can make good their charge against the members they impeached ; who dare trie their innocency by battle in the open feild ( so many to so many and one to boote ) against the gallant general and lievt. general , and any . or ten officers of the army more , that are gentlemen born , to end the controversy and wars without more expence of blood , as wel as answer them at the commons bar ; and wil prove themselves more faithful to the state , then any of their greatest accusers , if both sides may come to a free and fair tryal . in the mean time he wil pray ; that the armies , sectaries , and independents private ends , and self-seeking designs ; may never be able to obstruct the speedy settlement of our publick peace in england , or releif of desperate ireland , now gasping out it 's last breath ; whose loss and blood must onely rest on their score . whom their great friend and patron john lilburn in his new-printed epistles to cromwel thus paints out in their saint-like colours ; p. , . you have robb'd by your unjust subtilty and shifting tricks the honest and gallant agitators of a●l their power and authority , and solely placed it in a thing called a councel of war or rather a cabinet juncto of or proud self-end d fellows , that so you may without controul make up your own ends : the chiefest of them are as base as base may be ; and wil sel christ , their country , friends , relations , and a good conscience for a little money or worldly riches . and are such saints to be trusted by parliament or king ? in fine , if parliament members out of by-ends , or fear of , or compliance with any particular party whatsoever , wil pass any unjust , dishonorable or inconsiderate votes or ordinances ; it is a just judgment of god upon them , that they should be enforced and induced publiquely to retract them with shame and dishonor , even by the meanest of the people : whose late tumultuous proce●dings , though no ways justifiable or excusable , but deserving exemplary censure , and carefully to be prevented , suppressed on all hands by the militia and other officers appointed for that purpose , for the future : yet they must be looked upon by all wise conscientious people , as fruits of the armies pernicious disobedience and exorbitancies , and permitted , ordered by gods providence to punish & correct , if not reform , the obliquity and iniquity of such timerous ▪ self-seeking , or time-serving warping members , who out of fear , self-interests , or to please a prevailing party or army , care not what they pass or vote , to the parliaments dishonor , and the publick prejudice , or hurt of those who side not with them ; the late sad effects and dangerous consequences whereof , may ( through gods blessing ) convince them of their former errors in this kind , and engage them to vote and act with more syncerity and publique generous spirits for the future ; aiming only at the common good , peace and speedy settlement of our distracted and almost ruin'd kingdoms . a post-script . john lilburn , the armies champion , cheif advocate , and councellor in his letters to leivt. general cromwel ; p. . hath this notable passage , which proclaims them a meer unlawful rout of rebellious mutiners , acting without a commission from the king or houses , whose orders and commands they positively disobey and protest against : and therefore all wel-willers to the parliament are bound by their covenant to withstand and protest against them and their proceedings , and endeavor their present disbanding , for the peoples ease , and settlement of the kingdoms peace . the army under sir thomas fairfax , is not now an army acting by a commission from the king , or the two hovses ; for although they were raised by an ordinance of the lords and commons assembled at westminster , for the defence of the king and parliament , the true protestant religion ( not the scotch , jewish , antichristian , inslaving presbytery ) and the laws and liberties of the kingdom ( not the arbitrary wils of the houses ▪ as appears by the ordinance , . feb. . . part , book , declar . fol. . which possitively commands sir thomas fairfax , from time to time , to submit to , and obey all such orders and directions as he shal receive from both houses of parliament , or from the committee of both kingdoms . yet now he and his army apprehending and beleiving , that the wicked and swaying faction in both houses , would destroy them , and inslave the whole kingdom , do not only dispvte the two hovses orders and commands , bvt also possitively disobey them , as vnjvst , tyrannical , vnrighteovs : and being now thereby dissolved into the original law of nature , hold their swords in their hands for their own preservation and safety , which both nature , and the two houses practises and declarations teacheth them to do ; and justifies them , in and now act according to the principles of safety , flowing from nature , reason , and justice , agreed on by common consent and mutual agreement amongst themselves , in which every individual private souldier , whether horse or foot , ought freely to have their vote , to chuse the transactors of their affairs , or else in the sight of god , and all rotional men are discharged from obeying , stooping , or submitting , to what is done by them . and p. . in his letter to cromwel march . . he lays down this as a ground , why the army should not lay down their arms upon any conditions in the world , before they see the laws and universal wel-known liberties of england settled : seeing i wil undertake publickly , and hope shortly to prove , the parliament tyrannizeth ten times more over vs , then ever the king did ; and i wil maintain that by the law of this kingdom , it is ten times easier to prove it lawful for us to take up arms against them in the ways they now go ; then it was for them to take up arms , when they did , against the king . and i profess i would do it , if i were rationally able to morrow . for this good antiparliamentary doctrine the army in their late demands require the enlargement of this arch-traytor , who by his own confession in his printed letters was the principal instrument to instigate cromwel and them to their present rebellion against the houses , their members and proceedings , as arbitrary and tyrannical , to subvert both king and parliament . and therfore it is high time for the city and kingdom to take up arms to withstand them in defence of the parliament , king , kingdom , according to their covenant . finis . notes, typically marginal, from the original text notes for div a e- this lilburne affirmeth in his epistles p. ▪ see lilburns letters to cromwel , and the armyes solemne engagement . of iune . . ▪ . yea high treason , punishable with the forfaiture of life and estate , so are the words of the declaration . an argvment of ivstification of the five members accused by his majesty vvherin is proved that the raising of this present army by authority of parliament, is not treason : by which it likewise appeareth, that never any king of england received losse or damage by any parliament, from the first that ever was called to this present parliament / by peter bland of grays-inne, gent. bland, peter, of gray's inne. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing b ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing b estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; :e , no ) an argvment of ivstification of the five members accused by his majesty vvherin is proved that the raising of this present army by authority of parliament, is not treason : by which it likewise appeareth, that never any king of england received losse or damage by any parliament, from the first that ever was called to this present parliament / by peter bland of grays-inne, gent. bland, peter, of gray's inne. p. printed for john field, london : [ ] reproduction of original in thomason collection, british library. eng great britain -- politics and government -- - . a r (wing b ). civilwar no an argument in iustification of the five members accused by his majesty. vvherein is proved, that the raising of this present army by author bland, peter, of gray's inne a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion an argvment in ivstification of the five members accused by his maiesty . vvherein is proved , that the raising of this present army by authority of parliament , is not treason . by which it likewise appeareth , that never any king of england received losse or damage by any parliament , from the first that ever was called , to this present parliament . by peter bland of grays-inne , gent. london , printed for john field . a dialogue between a doctor of divinity and a student at law , concerning the king and parliament . doctor . sir , being acquainted with your wayes of imployment , and knowing you to be a lawyer , i shall desire some satisfaction from you concerning a parliament , it being no way belonging to my own study , whereby i may resolve my self : and first i desire you to tell me , who may be burgesses or knights in parliament . student . i wish all divines were of your temper , not to meddle with that which belongs not to them ; and to answer your question ; the son and heir of an earl may be , and so was the lord russell : eliz. . or the sonne and heir apparent of a baron , and so was mr. henry brook ; for the eldest son of an earl is not a lord , only by the courtesie of england he is called so , but in any declaration or writing he hath no more then his legall addition given . doct : but may not a divine be chosen for a burgesse , for he hath no voice in the upper house unlesse he be a bishop . stud. no sir he may not , and therefore alexander nowell was refused , being a prebend of westminster , whereupon a writ issued to choose another in his roome for leo in cornwall . doct. but i have heard that the country hath a free chise , and if they choose a divine and he is returned , may the house put him out , and have they power to send out writs ? stud. in eliz. it was ordered , that during the session , no writs should issue to choose knights or burgesses , but by warrant of the house to the clerk of the crown , and martii , eliz. it was agreed by the house , that if a burgesse be incurably sick , another may be chosen in his place by licence of the house , but not if he be easily sick , or sent of his majesties service , unlesse the house will allow of a new election . doct. what then sir if one man be chosen for two places , which must he serve for ? stud. he must serve for that place which first chose him : sir henry piercy was chosen knight for two counties , and thereupon it was adjudged by the house , that he should serve for that county which first chose him : . eliz. and in . e. . one cavell was returned for ludders-hall and for travayny , and he appeared for the first , and a writ issued to choose another for travayny . doct. well sir , you have satisfied me for the election of burgesses , and who may be , now tell me what they do usually require at the kings hands , when they are all met and a speaker made . stud. the first thing that they require at the kings hands , is that which was required by the commons in the thirteenth yeer of henry . to wit , that if any man of the commons house should speak more largely , then of duty he ought to do , all such offences to be pardoned , and that to be of record . doct. if that be granted , then they may speak of the king what they please ; and he must be pardoned . stud. no sir , the reverence which a vassall oweth his soveraigne is intended ( in that motion ) for to be proved in every speech , what ever it be it must import the good of the king and his state ; and so long it may be easily pardoned , otherwise not ; for in queen elisabeths time , who gave freedom of speech to all parliaments , when wentworth made those motions that were but supposed dangerous to the queens estate , he was imprisoned in the tower , and there dyed . doct. i thought every burgesse or knight of the parliament house had a priviledge that they could not be imprisoned . stud. no more they cannot at the suit of any common person , where the offence does not touch the king directly , as by a trespasse against another , or the like ; but a man shall not have the priviledge of the house for a criminall offence that immediatly toucheth the king . doct. if he shall not have the priviledge of the house for such an offence as immediately toucheth the king , who then must commit him , the king , or the house of parliament whereof he is a member . stud. as to that question , i shall not give you my own opinion , but i shall shew you what presidents have been done , if the books be true that i go by : sir edward warner ( lieutenant of the tower ) was sent out of his house to the tower for an offence done before the parliament was summoned : and sir william cecill then secretary , said that the queen was then assured by her justices , that she might commit any of the house during the parliament , for any offence against her crown and dignity ; and that they shewed divers presidents thereof ; and pearne was committed to the marshalsy for words , without any notice given to the house ; and master cope , master leukenor , hurlston , and master braynbridge , and others were committed to the tower by the queen , for that before the parliament they had sundry conventions for the preferring in parliament a book touching the rates of the church , and a form of an act for establishing the same : which also they did print , prefer , and urge in parliament ; but it seemed that if they had treated thereof onely in time of parliament ( being burgesses ) they should not have been impeached : in eliz. doct. what then do you think of the kings accusing of the five members ? stud. sir , you must know that the accusation layd by his majesty against them , is not within the compasse of any of those presidents ; and we need not stand to give any reasons to prove how it differs from them presidents , because the king himself hath acknowledged it ; and what dishonor can his so doing be to so religious a prince , when as he himself is subject to error , being considered as man ? nay , in that point he hath excelled the goodnesse of his royall ancestors , which act i hope shall be perpetually recorded in the hearts of all his subjects , for a testimony of his grace and goodnesse , and for a pattern to all succeeding princes . doct. but why did not they then except of a pardon ? stud. then the kings mercy had been apparent , of which we have other great evidences ; but his willingnesse to acknowledge his errors ( which is as great a vertue in prince ) had been concealed , and so he had been ( in that respect ) lesse glorious : besides , had they received a pardon , being not guilty , they had ipso facto lost their personall estate by the statute , unlesse some words of art had been put into the pardon , which is not too late yet to be done . doct. then it seems that in former times the king had a power over the parliament , unlesse i misapprehend them , pray tell me , hath he not now a power over them ? stud. i shall tell you what i have read , and farther i cannot go : the house had agreed in eliz. to have a common fast , whereof the queen misliked not for the matter , but for the innovation of order , without her privity , and without ecclesiasticall authority ; for which cause , the commons submitted themselves , and she gave them their pardon : and sir walter raleigh saith , the three estates do but advise , as the privie-councell doth ; which advice if the king embrace , it becomes the kings own act in the one ; and the kings law in the other ; for without the kings acceptation , both the publike and private advices be but as empty egge-shells . again , if there be any difference for alteration of a bill between the lords and commons , then usually some speciall persons of each house meet & confer , that one house may understand the meaning of the other ; but a bill that is signed by the king , and sent to the lower-house , may not be altred in any part thereof , without his majesties licence ; but if a bill come from the lords , and not signed by him , it may be altered , by noting what should be taken from it , or added unto it : from whence learned doctor i desire you to gather your own satisfaction : and in . & . phill. & mar. the speaker shewed that it was the queens pleasure , that the house should proceed no farther with the bill for the revenues of the queen , because it extended to divers which had accompted , and then peter wentworth and james dalton moved , whether this did not restrain the liberty of the house ; upon which after many arguments , they resolved to cease till some other time : now the queen revoked her said command , and gave them liberty to proceed ; but upon consultation amongst themselves , they spared to proceed any farther . doct. but pray sir , tell me your opinion freely , is it dangerous for the king to assemble the three states ; for thereby former kings have alwayes lost somewhat of their prerogative : and because you shall not think that i speak at random , i will begin with elder times , wherein the first contention began betwixt the kings of this land , and their subjects in parliament . stud. sir you would do me a singular favour in your so doing . doct. you know that the kings of england had no formall parliament , till about the eighteenth yeer of henry the first , for in his th yeer for the marriage of his daughter , the king raised a tax upon every hide of land by the advice of his privy councell alone ; but you may remember how the subjects , soon after this parliament , began to stand upon termes with the king , and drew from him by strong hand and the sword , the great charter . stud. you say well sir , the great charter was drawn from the king by the sword , but hereof the parliament cannot be accused , but the lords . doct. then afterwards king john promised to restore king edwards laws , and also to confirm the charter of forrests , and the great charter upon his absolution ; but after his return out of france , in his year he denyed it , because without such a promise he had not obtained restitution , therefore he said his promise was constrain'd , and not voluntary : what say you therefore , was he not bound in honor to perform it ? stud. certainly no , for it was determined the case of king francis the first of france , that all promises by him made , whil'st he was in the hands of charls the fifth his enemy , were voyd , by reason the judge of honor , which tells us he durst do no other . doct. but king john was not in prison . stud. yet for all that , restraint is imprisonment , yea , fear it self is imprisonment , and the king was subject to both : i know there is nothing more kingly in a king , than the performance of his word ; that is , his word that is freely given ; for binding of a king by law upon the advantage of his necessity , makes the breach it self lawfull in a king ( saith sir walter raleigh ) his charters and all other instruments being no other than the surviving witnesses of unconstrained will , princeps non subjicitur nisi suae voluntate libra , mero motu & certa scientia ; necessary words in all the grants of a king ; witnessing that the same grants were given freely and willingly . doct. but what say you to the parliament of westminster in the yeare of the king , when notwithstanding the wars of france , and the great charge he had been at in repulsing the welsh rebels , he was flatly denyed the subsidy demanded . stud. i confesse sir , that the house excused themselves by reason of their poverty , and the lords taking of arms ; but you spake sir of danger of parliaments : now in this parliament there was a deniall , but there was no danger at all ; yet in the end of that year , at the assembly of the states at lambeth , the king had the fortieth part of every mans goods given him freely towards the payment of his debts , and those people who the same year had refused to give the king any thing , when they saw he had supplied his own necessity out of delinquents and corrupt officers which he call'd to accompt , they willingly yeelded to give him satisfaction ; and indeed 't is impossible for a king of england to greaten and enrich himself by any way so assuredly , as by the love of his people ; for by one years-rebellion , or civill wars , the king hath more losse , than by a hundred years observance of magna charta , and the other laws that are in force ; for in those times of war , kings have been forced to compound with rogues and rebels , and to pardon them ; but by parliaments ; the kings of england never received losse or prejudice . doct. but what say you to tha deniall in the year of this kings reigne , sven when the king was invited to come into france by the earle of march who married his mother , and who promised to assist him in the conquest of many places that he had lost ? stud. it is true , that a subsidie was then denyed , and the reasons are delivered in english histories ; who say , that with a world of payments there mentioned , the king had drawn the nobility dry ; and besides , that whereas not long before , great summes of money were given , and the same appointed to be kept in four castles , and not to be expended , but by the advise of the peers ; it was believed , that the same treasure was yet unspent . doct. good sir , you have said enough ; judge you your self , whether that were not a dishonor to the king to be so tyed ; as not to expend his treasure , but by other mens advise , as it were by their licence . stud. surely ( noble doctor ) the king was well advised to take the money upon any condition , and they were fooles that did propound the restrain't ; for it does not appear that the king took any great heed to those overseers : kings are bound by their piety , and by no other obligations . in queen maries time , when it was thought that she was with childe ; it was propounded that the rule of the realm should be given to king philip , during the minority of the hoped prince or princesse ; and the king offered his assurance in great summes of money , to relinquish the government ; at such time as the prince or princesse should be of age : at which motion when all were silent in the house , the lord dacres ( who was none of the wisest ) asked who should sue the kings bonds ? which ended the despute ; for what bond is between a king and vassall , more than the bond of the kings faith ? doct. what say you then to the twenty eighth yeare of that king , in which when the king demanded reliefe , the states would not consent , except the former order had beene taken for the appointing of foure overseers for the treasure ; as also that the lord chiefe justice , and the lord chancellor should be chosen by the states , with some barons of the exchequer and other officers . stud. why sir , admit the king had yeelded to their demands , then whatsoever had been ordained by those magistrates to the dislike of the commonwealth , the people had beene without remedy ; whereas while the king made them , they had their appeale and other remedies ; it is an excellent thing for a king to have patience , and give way to the fury of mens passions . doct. was not the king denied a subsidie in the forty first of his reign ? stud. no sir , for although the king required money as before , for the impossible conquest of scicily , yet the house offered to give fifty two thousand marks , which whether he refused or accepted , is uncertaine ; and whilest the king dreamed of scicily , the welsh invaded and spoyled the borders of england ; for in the parliament of london , when the king urged the house for the prosecuting the conquest of scicily , the lords utterly disliking the attempt , urged the prosecuting of the welsh-men : which parliament being proroged , did againe assemble at oxford , and was called the mad parliament , which was no other than the assembly of rebels ; for the royall assent of the king , which gives life to all laws formed by the three estates , was not a royall assent , when both the king and prince were constraind to yeeld to the lords ; a constraind consent is the consent of a captive , not of a king ; and therefore there was nothing done there either legall , or royall ; for if it be not properly a parliament where the subject is not free , certainly , it can be none where the king is bound , for all kingly rule was taken from the king , and twelve peers appointed to governe the realm ; and as other writers have it , peers , and therefore the assembly made by jack straw and other rebels , may aswell be called a parliament , as that at oxford , principis nomen habere non est esse princeps , for thereby was the king driven , not onely to compound all quarrels with the french , but he quitted his right to normandy , anyou , and mayne . doct. but what needed this extremity , seeing the lords required but the confirmation of the former charter , which was not prejudiciall to the king to grant ? stud. yes sir , but they insulted upon the king , and would not suffer him to enter into his own castles ; they put down the purvey or of the meat , for the maintenance of his house , as if the king had been a banckrupt ; and gave order , that without ready money he should take up a chicken ; and though there is nothing against the royalty of a king in these charters , yet it is so contrary to the nature of a king to be forced , even to those things which may be to his avantage , as that the king had some reason to seek the dispensation of his oath from the pope , and to draw in strangers for his own defence ; yea , jure salvo coronae nostrae , is intended inclusively in all oaths and promises exacted from a soveraign . doct. but you know t is dangerous to call in other nations both for the spoyle they make , as also because they have often held the possessions of the best places , with which they have been trusted . stud. t is true sir , nothing is so dangerous for a king , as to be constraind and held as prisoner to his vassalls ; for by that edward the second and richard the second lost both their kingdoms and their lives . doct. why , those were both deposed by parliament , were they not ? stud. yes sir , being prisoners , and being out of possession ; it is an old contrary proverb ( that might overcomes right ) a weak title that wears a strong sword , commonly prevails against a strong title that wears but a weak one ; otherwise . philip the second had never been duke of millaine , nor king of naples and sicily ; but sir , errores non sunt trahendi in exemplam , when i defend parliaments , i speak of peaceable , regall and lawfull parliaments . doct. what say you then to the parliament held at london , about the sixt year of edward the seconds time ? stud. i say , that king was not bound to performe the acts of that parliament , because the lords , beeing too strong for the king , enforced his consent ; for these be the words of our own history , viz. they wrested too much beyond the bounds of reason ; and at the parliament in the year of that king , the lords that were so moved came with an army , and by strong hand surprized the king , they constraind ( saith the story ) the rest of the lords , and compelled many of the bishops to consent unto them ; yea , it saith farther , that the king durst not but grant to all that they required . doct. what say you to the lords in richard the seconds time , when he was first besieged in the tower , the lords came to the parliament , and no man durst contradict them . stud. certainly in raising an army , they committed treason , and though it did appear that they all loved the king ( for they did him no harm having him in their power ) yet our law doth conster all levying of war without the kings commission , and all force raised to be intended for the death of the king , not attending the sequell , so saith sir walter raleigh ; but mr. doctor , for this war that our present parliament do maintain , i must tell you , that you must take this for a generall rule ; that the immortall policy of a state , cannot admit any law or priviledge whatsoever , but in some particular or other , the same must necessarily be broken ; therefore i hold not sir walters opinion for good law in the case of our times ; for the supreme reason beares out their practise of many things without the advise of the law ; and where the law by forecast hath not provided remedies for future dangers , parliaments are forced to assist themselves by their priviledges : and besides , who can shew a greater right or title to the exposition of that statute , and determining what is a levying of war within that statute , and what not ; then those that can expound with the same authority that the thing expounded was made by ; however i am sure , that as those parliaments wherein the kings of this land have satisfied the people , have beene ever prosperous both to king and people ; so where kings have restrained the house , the contrary hath hapned . doct. well sir , but is it not the best way to compound a parliament of the kings servants and others , that shall in all obey the kings desires ? stud. certainly no , for it hath never succeeded well on the kings part , nor on the subjects ; for from such a composition do arise all jealousies and all contentions ; it was practised in elder times , to the great trouble of the kingdome , and to the losse and ruine of many ; in later times 't was used by king hen. the eight ; but every way to his disadvantage , when the king leaves himself to his people , they assure themselves that they are trusted and beloved of their king ; and there was never any people so barbarous , as not to answer the love and trust of their king . doct. well sir , notwithstanding all this , who dares to advise a king to call a parliament ; for if it should succeed ill , those that advised the king to it , should fall into the kings disgrace ; and if the king be driven into any extremity , they can say to the king , that because we found it extreamly unpleasing to his majesty to hear of a parliament , we thought it no good manners to make such a motion . stud. as to the first part of your excuse , let me tell you ; that there was never any just prince that hath taken any advantage of the successe of counsells , which have bin founded upon reason ; to fear that , were to fear the losse of the bell more then the losse of the steeple ; and were also the way to beate all men from the study of the kings service : but for the second part of your excuse , where you excuse your self upon the kings protesting against a parliament ; let me tell you , that the king upon better consideration may encounter that finesse of yours ; therefore 't will be better for a king to trust his own reason and excellent judgement , which have not deceived him in any thing wherein his majesty hath imployed them ; take counsell of thine heart saith salomon , for their is none more faithfull unto thee then it . finis . a letter from a student at oxford to a friend in the country concerning the approaching parliament, in vindication of his majesty, the church of england and university. kennett, white, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing k estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a letter from a student at oxford to a friend in the country concerning the approaching parliament, in vindication of his majesty, the church of england and university. kennett, white, - . [ ], p. printed for john seeres, london : . attributed to white kennett by wing and nuc pre- imprints. includes postscript: the humble address of an academick mule, to his majesty; p. - . reproduction of original in the bodleian library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng great britain -- history -- charles ii, - -- sources. great britain -- politics and government -- - . - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion a letter from a student at oxford to a friend in the country . concerning the approaching parliament , in vindication of his majesty , the church of england and university . london , printed for john seeres , . sir , this place , being by the discretion of a royal umpire appointed for the rendezvous of the approaching parliament ; is at present look'd on as a metropolis , from whence that cried up commodity of news is only to be had at the first hand and dispersed by retail to all remoter places . supposing it therefore probable that any new coin report from hence may not only gain acceptance from its stamp of novelty , but credit from the reputation of its mint : i am willing so far to satisfie your curiosity , as to set my weak abilities on the rack to extort some languishing description of our thoughts and conjectures on the intricacies of the present juncture of affairs . we are sensible that his majesties late putting a dissolution to a resolving parliament , and giving their great pretensions to discovery , a nonplus , ( by a previous prorogation even at that very time when their prophetic fears were contriving a longer session ) did strangely disquiet those of the like occupation , who had been told by popular abettors that by their crafts they should get no small gain ; and at the same time so full of wrath that they would possibly have filled not only the whole city , but the realm with confusion , had no● his majesties most admirable wisdom diverted their thoughts by wholy busying them in fresh canvasing for new representations . this politic whetstone turn'd the edge of their fury , and it did somewhat abate the sorrow for their late demolished goddess , to think it was in their power to erect a new one , and for the quicker expedition ( as well as from a sence of gratitude for past services ) they resolve it shall be out of the same materials and chief corner stones which were plucked from the former . we confess to have no such vulgar thoughts as to give our approbation of the common humour herein ; since we suppose it was as much against the interest as honour of elective societies , which being the trading part of the nation are much concern'd in the maintenance of undisturb'd traffique , but this being upheld chiefly by peace and satisfaction at home , must needs be diminished by employing the disturbers of our setled tranquility : again some of them were particularly concerned not to disoblige so good a customer as his majesty , who , they knew no doubt , desired to see new faces when he dismissed the old ones . if they neglected interest they might have consulted honour , and considered what a shame it would be , that counties and corporations should be judg'd so barren of honest gentlemen that the same only should be thought capable of undertaking so great a trust ; but alas they were so far biass'd with prejudice , that they neither lean'd to the sober consideration of profit or fame ; nay these two inconsiderate remora's put so little a stop to their zeal , as they rather promoted their violence ; they were told perhaps that lex talionis was a limb of magna charta , and thought it therefore a piece of priviledge in the subject to quit scores with their soveraign , and since he had so oft denied their humble petitions it were but reason for them to thwart his desires ; and as to the last ▪ they were loath to take new adventurers in the good old cause , supposing experienced soldiers could best shoot at the same mark. how zealous their intentions , how resolute and how effectual their endeavours have been to reduce the old dislocated members to a reunited body , the consequence best shews . for our experience best tells us the plastick vertue which was inherent in the commonalty would operate on no other matter but the same , as only capable of introducing the same form ; so that our dull aristotle is now to be baffled , while such machins of nature can do more than nature her self , a privatione ad habitum dare regressum . thus did the factious metropolis lead the van , and set a noble example for the rest to follow ; they first argue the case in dialogues and advices to electors . wherein they plainly shew there was no way left of extirpating popery , accommodating differences , securing liberty , and preventing arbitrary power , but by employing those they had already experienced to be such stout champions in so commendable a quarrel ; and therefore , well supposing they could not be more to the life represented , when the time of election comes and the same gentlemen nominated to serve them , the unanimous voters ( without the tedious ceremony of poling ) lift up their hands on high , and extoll the name of all those their heated affections were so intent upon . the lord mayor , it is true , was so grand a patriot of their cause and zealous a promoter and defender of their right of petitioning , that it is more than probable they would not in civillity have denied him the honour , if he would have vouchsaf'd his acceptance ; but his modesty or policy declares himself no ways ambitious of it . ; and so gives leave that the compositum may result out of the same quaternion of elements it consisted of before . and thus , urbis ad exemplum totus componitur orbis . for as far as our intelligence reaches , we do not hear but that the same persons have carried it in most elections , to the great charges and disappointment of all their competitors . particularly this city ( which ass like does always kick against that indulgent dam which lets her suck from her so plentiful a livelyhood ) does so industriously ( i mean ex industriâ ) oppose whoever in such cases the university recommends to them , that scorning in their own rhetorick to have it said , the university should choose them a parliament man , they have refus'd a neer neighbour and loyal gentleman , for being too much a scholar , and pick'd out the two former cocks of the game , ( though they both rise from the dunghill ) to fight out the prize they are so deeply engaged for . it would have been unmannerly indeed for the citizens not to hearken to their noble chancellour , who not only interceded by friends , but appear'd himself in person ( though for the same thing he formerly received a just check from his majesty ) to promote the interest and encrease the partie of his two friends . to this end his grace upon timely notice arrives here to exert the priviledge of his freedom , and let the world know he had a city as well as a house vote : and though he was so violently engaged against the court partie , he turns courtier in flattering the people , and in the sensless noise of the tumultuous croud he waves his tongue and hat in crying up a whorwood a whorwood ; in this manner for all his pretended hatred to popery he walks in procession through the streets , and scrapes , cringes , and complements to all the cloak'd fraternitie , though ( if i am not misinform'd ) his own porter once took the chief of them but for fidlers . as he was his friends chief advocate he thinks it his duty to become oratour , therefore in two or three short and sweet oratiuncles ( each of which might have been printed by f. s. for a speech of a noble peer of the realm ) he exhorts them to make the fame worthy choise , and not hearken to the clamorous suggestions of popishly affected scholars , and he plaies his part so well that the whole rabble whistle after the same tune , and to our loyal objections of no fanaticks , no latitudinarians , they give the thundring replie of no pope , no clergie ; nay one of the most factious mechanicks hearing a graduate exclaiming no round-head , no round-head , scraping his wit out of a cap , gave the ingenious repartee of no square-head , no square-head . thus were we poor scholars miserably baffled in all our pretences to arts and sciences : we must trot back to the grammar-school to know how to decline variabile vulgus , and to learn in what case to put that fleeting polyptoton , ( though the witty rogues confess when we and their wives like two substantives meet together , we have the skill to put our selves in the genitive ) then in the very first rudiments of logick we are vastly to seek , since we must now from their undivided engagement in the same faction take the word rabble , though praedicatur de multis to be an individuum vagum . and our skill in rhetorick is quite exploded , no plausible arguments are found effectual to move the resolute multitude , which being tied to the mast of prejudice put a waxen-eard deafness to all our syrenical perswasions , but here 's our comfort , experience never found their consorts so inexorable . yet at least though the scholars ( in more than one sense ) their benefactours , could scarce recover a good vote ( i. e. wish ) in recompence , yet sure they might consider what honour to the place and profit to the inhabitants , is likely to accrue from his majesties appointing so numerous a convening here , and from hence should result some spark of gratitude to induce them in some particular manner to express their thanks in return for so great a favour ; but how contrary herein the torrent of their actions hath run to their duty , any one knows , who does but consider , that his majesty in the last parliament was pleased expresly to intimate his dislike of one of their re-chosen representatives , though thinking him somewhat below his notice , he did it in a facetious nick-name : he being one — who by hook or by crook , were resolved to rout the pope and the duke . well but perhaps sir , you will ask me why we seem angry with our city , for taking in a like case the same priviledge with the university ; who have so unanimously returned to the succeeding parliament those two gentlemen who represented them in the last : the inequality of reasons would soon give you an answer ; i shall only say that we are so far from suspecting dislike of our same choice , that we have reason to think had all the other members been persons of as great loyalty , prudence and integrity , both king and subject had been quitted of the trouble of recollecting a new body . it is true one of those worthy persons had but small encouragement to reingage himself in our service , being formerly some time forc'd to be a secluded member , but i hope he will be more civilly entreated , when he is within the verge of his own liberty . but sir , if you enquire some fresher news , and desire my opinion whither the approaching sessions are likely to be durable , or an happy accommodation feasible , i am ( though academicus aulicus ) such a novice in court policie and so unacquainted with state affairs , that i do not at least pretend to an ability of giving a satisfactory answer . all i can say is , we humbly acknowledge the honour done unto us by his majesty in accepting of a colledge for his palace , and making a court of our academy . we therefore freely resign our chambers to more noble inhabitants , and wish there might be as much use of our studies . we readily take his majesties desires for commands , and are prepared to withdraw to make room for better company ; and as many of us as are not like to have the happiness of being retained for his majesties security , will retire at a distance and pray for his preservation . in the mean time we hope this place may so far sympathize with its noble chancellours deputyship , as to stifle all the venemous contagions of disaffected spirits , to dissolve all the specious cobwebs of disloyalty , by irritating the artifices of wiredrawing spinsters , and finally to correct all misapprehensions , and create a right understanding both of and between all parties ; that so without any longer interruption , plotters of all sorts may receive such a doom as shall be a just recompence for all their labours ; yet that the popular clamours for justice may not stop the due and regular course of it , but that all opponents may acquiesce in the determination of their wise moderator ; and not proceed to expose the weakness of their own cause by a too clamorous endeavour , to invalidate the arguments and vilifie the persons of their unhappy adversaries . to this end we heartily wish there may be no grudges or animosities fomented , no suspicions or jealousies created , or revived ; no biassing distractions to divert regular proceedings ; and no new vampt contentions to engage us in old quarrels . we do not therefore so much despair of better success from the same persons , as we hope an alteration of the place may effect some change in their proceedings , that they be not again so niggardly as to deny necessary supplies , so timorous as to pretend they will be misapplied , and so impudent as to avouch they want a king whom they may trust ; but that a sence of their errors may so far extimulate them to their duty , as readily to comply with his majesties just desires , for the more facile attainment of their own ; whereby a happy harmony arising between king and people , all true subjects may have reason to bless this our sion for its pacifick property . if this be the happy event , we disposessed gown-men may be soon reinstated in our old mansions , it being probable his majesty may then adjourn the agreeing company to their old quarters . nay if our hopes fail in this , our successors may be forc'd more suddenly to resign , for if sisyphus like they will roul up the same stone , they must expect to tumble down with it ; and if they think their late presidents sufficient authority for the same proceedings , let them hammer out what intentions they will upon the anvill of resolves , his majesty may distinguish between the finis operis & operantis , and give the actors an exit before the play ended . as we heartily deprecate this effect , so we as sincerely abominate those courses which are probable to be the cause of it ; for how much their harping on the same string ( will not only untune themselves , but ) does jar against our united sentiments will easily appear from taking a transitory prospect of our religion and loyalty . as to the first we , who are so providently educated in the seminaries of true religion and learning , are not so blinded with ignorance nor hoodwinkt with error , but that we can give a plain and clear account of our faith , and the reasons of it . we are not so rigorously tied to any dogma's of philosophy , but that we can make any the most persuasive rational deductions prostrate and succumbent to our faith ; yet are we not on the other side so far elevated with enthusiasme , as to think all incomprehensible infallible and conclude with that credulous father certum est quia impossibile . no , we at the same time beware of being deceived through philosophy and vain deceit ; and yet are sensible there must be some use of reason in the making out 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . on the other hand our sophistry does not transport us so far as to dispute with presumption , the methods of omnipotence ; to wrack our brains with that critical philosopher in finding out the materials god first struck light with ; or with that inquisitive fool to demand , how god could find employment before the creation . we let our logical reason make no excursions beyond their ultimate object 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , and therefore rather adore then enquire into any 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , tremendous mysteries of religion ; while we whistle at all heavenly inspir'd bagpipes , and look upon inquisitive record-searchers of the supreme judge , but as bold astrologers who saucily pretend to bring intelligence from the privy councel of heaven , as if they had pickt the cabinet of fate through the keyhole of the stars . neither does our education to science induce us to scorn , contemn , or turn into ridicule so sacred a name as conscience , which strikes us surdo verbere , not in such a sense as if we were deaf to all its impulses , or adder ▪ like remained unmov'd , charm it never so wisely : no , we honour it as implanted by god for a sincere register of our actions , an impartial censor of our affections , and a happy moderator of our passions ; and therefore we willingly hearken to its suggestions when it would bridle and restrain our inclinations to sin . yet we laugh at those who would deifie it with so grand an omnipotence , as to make it lord and master over all their thoughts , words , and deeds , independently from its just rule ; who create causeless doubts and queries , and then travail in a critical satisfaction ; who think all their actions but deeds of darkness unless clearly guided by such light within ; we know that as in reference to us , it is a natural instinct , so in some respect it is a virtue consisting in a due mean , too much or too little is equally exorbitant ; nay we find the pretenders to it in the highest degree , have been more fatal and destructive to the designs of good government , then those whose fear'd hearts have disclaimed any share ; these last rest quiet with self preservation , and make no disturbances to propagate their fancies or opinions ; but the former take the false alarms of that striking deity within them , for so many oracles which must be compleated though to their own ruine and the destruction of others : they dissent from their brethren out of idle capricios of their brains , and then pretend insuperable scruples ; they take offence where no occasion is offered , and then quarrel at others for giving scandal ; finally they debauch their conscience into a resolute humour and then daub it over with the specious title of tender , and what 's tender conscience ? — it is a botch that will not bear the gentlest touch , but breaking out dispatches more then the epidemical'st plague sore . a small burden hurts a gall'd horses back , so the most light and innocent impositions which come from superiours rub and grate against their squeasie consciences , and if they are denied the liberty of dissenting , they will take the license of revolting ; and when once they will become subject no longer for conscience sake , they zealously invade , persecute , and murder , their restraining governours , and think in their conscience they do god service . we pitty their mistakes , but despair to rectifie them , since they are not come to the first step of amendment ( viz. ) acknowledgment of a fault . let them therefore continue in their obstinacy , we 'll allow their weakness to be a just plea. yet we cannot but reflect on their hypocrisie , for let such cautiously precise zealots never so much pretend to a care of not offending that little deity within them , it is easily to be perceived they are notorious dissemblers , for while a few of our innocent ceremonies cannot be made to glide through the fine sive of their conscience , the grosser and more heavy bullets of sin , as pride , lying , whoredom , and the like do with ease break their way through ; thus their all powerful conscience is of no greater force then a spiders fowling net , wherein the larger and more fluttering insects do soon bustle through , while the weaker fly is denied a passage out . when conscience serves thus for a pretext to disloyalty by wavering in doubts only to remain stedfast in self-opinion , we look upon her as a peevish ill-natur'd slut , that should not by toleration have her silly humour in all things , but be severely dealt with , till her modesty teach her better manners then sullenly to contradict her superiours commands . the sad effects of which cross grain'd moroseness in reference to the irritating the designs of civil and ecclesiastical policy , experience has so lately imprinted on our memory , that no act of oblivion can ever deface , while the pretence of conscience serving for an impossibility of compliance , when press'd hard , often breaks out into an open resistance of those powers it cannot obey . our conscience being otherwise instructed , teaches us better things which are some other branches of our religion . we honour episcopacy as a sacred office of the most primitive institution , and think parity as great a solecisme in church , as state. and we not only acknowledge a due respect to the function in general , but highly commend that order of it which the wisdom of our ancestors has settled in this nation , and therefore think their envy blameworthy who cannot allow them their due right of profit , or honour ; but would first degrade them from peerage , and then crumble their revenues into many subdivisions . as we do not think this excellent church government could otherwise be kept inviolate from the rapine of birds of prey , unless sheltred under the wings of monarchy ; so we hope our princes will think their autocrasie in prerogative ( though not meerly inconsistent , yet ) very unstable except supported with the wise upholding columns of episcopacy . we esteem of the liturgy as an exact manual of devotion , to all well pen'd petitions whereof our conscience can safely say amen ; and pitty the blind arrogance of those who rely so much on their parts , as to scorn to take a ready drest oration to accost omnipotency with , but transported with the spirit of nonsence , tautology , and impertinency , unmannerly disgorge what their hasty digestion throws uppermost , to the nauseous disgust of all modest hearers . we pay a respect and obedience ( not a veneration ) to legal ceremonies without calling into question the authority of the imposer , and therefore are neither so ashamed of a crucified saviour , as to refuse the wearing his badge in baptisme ; nor so averse to decency as to abhor the use of an outward sign of purity , or think the surplais a superstitious upper garment that first came out of the vestiary of the jewish harlot , or the wardrobe of the babylonish whore. in points of worship we acquit our selves true members of the british church : neither too mean , nor yet too gay . while we equally reject the pompous extravagancy of she on the hills , and the sordid slutte●y of she in the vall●e . therefore , though we think the tabernacles of the most high ought not to be so finely tric●ed up with the work of mens hands , as shall with their dazling lustre divert the devotion of gazing supplicants ; yet blame their penuriousness who , will not allow gods houses such fitting ornaments as may distinguish them from common habitations . thus we despise the pageantry of crucifixes , the foolery of beads , and the drollery of an unknown tongue in the performance of divine service , yet we think there may be some fit helps to agitate and stir up a drouzy devotion , therefore we scorn those 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 unmusical churls , whose souls are so far out of tune as to jar with their hisses the hallelujah like melody of our church-music ; we wonder to hear them confess that their clod-pated minds can be elevated to no higher pitch by such a charming harmony ; since we know that truly devout and humbly pious souls can like another david , when the music plaies , have the hand of the lord come upon them , and like a heavenly quire of rational larks , at the same time sing and mount upward . in like manner we laugh at the name of pope yet retain that of priest. we would kneel , yet not worship the creatures in the sacrament . we would not judaize , yet neither profane one day in seven ; and we think it hard to determin to which more properly belongs the imputation of folly , to the devoutly prodigal papist who officiously solemnizes more than halfe those six days he should labour in ▪ to the commemoration of some fictitious saint ; or to the sordidly thrifty puritan , who , as it is observed by poets , of envy it self , festos dies non aget , will keep no holy day : as in all other things so in this , we follow our more regular mother the church of england , which like virtue plac'd between two extreams , and yet like our saviour crucified between two thieves , rejects many of that too numerous catalogue which his holiness has falsely intruded into that army of saints and martyrs , and yet on the other hand as discreetly retains the antient and venerable custom of setting apart some appointed days to solemnize the memory of christ , and his more immediate successors . in points of greater intricacy which the modesty of our church has not resol●tely determined , we think a middle opinion the best , as not f●● at least from the truth on which side soever it be . we suppose christ neither died for universal imitation only , nor for partial satisfaction ; we disavow the omnipotence of freewill , and yet think man more than a brutish machine . we acknowledge god to have some respect of the persons of his elect , yet think the equity of his mercy and justice scarce consistent with absolute reprobation , nor know how on such a supposition any man may be said to work out his own salvation . while we compare the immoderate maintainers of each contrary opinion to the fanciful epicureans on the one hand , and the rigid and austere stoicks on the other . the former of which did fondly imagin that it was most correspondent to the nature of an omnipotent being , serenely to enjoy his quietus est in some upper star-chamber of heaven , and that it was to mean and sordid for his august majesty to interrupt his repose by reflecting on the transactions of things below , and thus in effect they did no more then dress up a careless puppet , to which they falsely ascribed the title of deity : while the other made as it were a god of necessity , and imposed such an inalterable fatality on the event of all sublunary things , as if god ( like the fancy of a man in a dream ) only sported with his own creation . i should not give you a farther trouble of perusing such an ill drest account of our faith , unless i knew that some would object , a principal article of it is omitted , as long as no mention is made how we stand affected to the belief of the late popish-plot . in declaring our sentiments wherein , i think will be offered a fit occasion of vindicating our selves from the imputation of popery , whiech has been of late so confidently , eagerly , and maliciously laid to our charge ; and though perhaps barely to plead not guilty , would be as insufficient to the proof of our innocency , as the like vote in the case of another , which being asserted upon honour , was reported to be meant with the equivocation of guilty upon conscience . yet because silence might gain the consent of many misinformed persons , i shall recite those frivolous reasons which huddled together helps to compose this bulk of accumulative treason which we stand indited for . first , because we were so ingrateful to the preserver of our lives and liberties , mr. oats , as to deny him the privilege of legal commencement to a degree the title of which he did already enjoy . secondly , because our representatives ( which are supposed as not fitting in a personal capacity to follow the inclinations of those they represent ) have not been such vigorous and zealous prosecutors of the late engaged conspiracy , as so hazardous a case , pro aris & focis , the preservation of his majesty and security of the protestant religion did require . thirdly , that we espouse too much the interest of the duke of york , in having too great a respect for his person , too favourable an opinion of his religion , and too fervent a desire of his succession , all which we apparently show by a civil drinking his health in all companies and occasions . then fourthly , because a continued report has made it now unquestionable that the clergy of england , in general are more then faintly addicted to popery , the seeds whereof they certainly suck'd in this place wherein the moiety at least did first take their education . i foresee that a clear and genuine answer to these clamorous objections , would be so little effectual for the wiping away such malevolent aspersions , as it would but excite the obloquies of the vulgar to cast more dirt upon our reputation ; since we should in a limited sence acknowledge the premises , and yet without sorfeiting our skill in logic positively deny the conclusion , which our popular adversaries collect , viz. our well affectedness to popery . i shall not descend to particulars , but dare say thus much for our vindication . we are as averse to the supremacy of a pope , as we are firmly devoted to that of a king. we are as loath to become cloistered friars , as we are asham'd to turn wandring tub-preachers . we think a monks coule as ridiculous as a brothers cloak ; and are satisfied that fraying to the flesh is as impertinent as prating by the spirit . we are somewhat unwilling to be so far impos'd upon as to swallow the distinction of the church and court of rome , yet we know jesuits have laid down more pernicious principles then many sober catholics will consent unto ; we are certain their policy is greater than their religion ; and observe they never lift up their voice to convert heretics but with the trumpet of sedition , nor cry aloud but with the thundring of canon : we see their force lies more in ammunition than arguments , and often find that he who will not be a proselyte to their religion , must be a martyr to his own , while for a quicker dispatch he is helped forward by being blown up toward heaven ; for they propagate their bloud and arms , as if they had received such a commission from their fighting founder , in commemoration of whom they are loyalists to their soveraign lord the pope , and ignatians ( i.e. ) firebrands to all the world beside : neither do we think martials rule an axiom in this case . parcere personis dicere de vitiis . we would not only have their faults reprov'd , but their persons punished ; and abstracting from those devilish machinations which have been of late discovered to be of their contrivance , it is crime sufficient for their condemnation that they durst appear in a place , from whence for the prevention of mischief they are prudently banished : we know likewise that they do not run the hazard of their lives upon small adventures , but that to excite them to undergo such apparent dangers , they must have answerable motives , even no less then the propagating popery by the utter extirpation of protestanisme ; after which they expect to receive rewards suitable to the merit of their service , yet we suppose they themselves know best on whose backs they must be brought to the attainment of these desires , no question 〈◊〉 they are satisfied that the most effectual way to compass their designs , is to remove their great obstacle the setled hierarchy of the church of england , whose vigilant shepheards being once drawn off , or made incapable to defend their worried flocks , they can soon by a poisoned sop , a threatning stick , or any other frivolous way put to silence those barking curs , those caterwawling sectaries that now as saucily , as falsely , pretend it is their vigilance only that averts and prevents the invasion of the enemy . they know protestants to be like a bundle of well-packt sticks , not to be broke by the sinews of the strongest arm while their ligament holds firm , but so brittle as to be snapp'd asunder with little force when unbound , separate , and disunited . it has therefore been all along their most politic design , and back'd with admirable success , first to crumble us into different opinions , then to make each fancie espouse a party , and so set them all a scrambling for trifles , till rightdown blows must decide the difference ; while they remain houting spectators , promoting the quarrel , till they themselves get the prize the hot-headed combatants were so eagerly engaged for . the truth of this is most excellently demonstrated by philanax anglicus ; and has the concurrent testimony of one of the greatest witnesses of this age ; though we have reason to think he did not cordially design that advantage , the governours of our church may occasionally take in reference to the providing for their own security , because he would not accept of l'strange's farther discovery of the same design , though dedicated to him with many civil complements , in better language than was returned for them at the council board . i hope from what is said you will easily collect our belief of the reality of a popish plot , and our disaffection to any other religion than our own ; if the rabble will yet prosecute us with the loud acclamations of papists , jesuits , or dog-towzer , we know not what better to say in our own behalf , than what a sore-cited gentleman in the like case avouches for his innocency , we are true sons of the church of england , were never at mass and finally believe as much of the plot as dr. oats himself . take now a short account of our loyalty . we are ( though acquainted with ) not wedded to the democratical principles of aristotle and cicero . we have read ( but only to know how the better to confute ) those grand patriots of rebellion and confusion : hobbs , milton , hunton , 〈◊〉 and others ; we find their fallacies so well discovered in the incomparable treatises of w●ldon , filmer , diggs and falkner ; that we are unquestionably satisfied that all power is primitively delegated by god to his vicegerents upon earth ; that therefore their authority is divine , how cros-grain'd soever their actions , hence their persons ought not to be undervalued , nor their injunctions slighted , their impositions should not be murmured at , nor their commands disputed . for since the almighty's imprinting his image on the sons of men indifferently , produces a representation of his own glory , obedience to the representatives of the most high must not only be indefinite in reference to the persons obeying , but universal in respect of the persons to be obeyed ; subjects are servants obliged to pay their duty not only to good and gentle masters , but also to the froward ; as well knowing a wicked prince is often ordained to be ( as one of romes enemies proudly vaunted himself ) flagellum dei the scourge of god , sent as a punishment for the wickedness of the people . we from hence disallow the extorted interpretation of saint peter's 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , as if magistrates were so employed and substituted by the people , that they could call in their lent authority when they suppose it misapplied to their prejudice : no , we pity any such miserable errour as shall introduce an assertion of the right of taking up arms against a lawful soveraign . we think the name of prince as sacred as that of priest ; and are certain no weapon ought to be formed against him : while we look upon the sly jesuit and barge sainted fanatick as two dangerous philistine foxes , that carry between their tails that brand of confusion , the lawful deposition of supreme magistrates . we hold likewise that the asserting the due regalia of a prince is not only the province of a politician , but many times becomes the task of a divine , whose indispensable duty requiring him to instruct the people in the performance of all christian duties , he would neglect pressing home one of the greatest , if he should not sometimes insist upon that firm obligation which is laid upon all men , of being subject to the higher powers : we much question therefore their true intentions who would confine the subject of a sermon to grace , faith , spiritual illuminations , beatifick visions and other transporting topicks , while they censure as eccentrical and impertinent all pulpit discourses of subjection , obedience , and non-resistance . again , we suppose that kings prerogatives ought not to be encroached on by a pretence of preserving the peoples liberty : and believe subjects have no privilege to question their soveraigns authority ▪ we think it a great solecisme in good manners for people to challenge a coordinate power with him who is set over them , and therefore must be above them all . we understand the name of monarch to emply a soleship of government ; and they who to monarchy would add the epithete of mixt , make but a contradictio in adjecto , if by mixt they mean a division of power among divers . we know the people had first from the grant of one of their kings , the privilege of sending up their representatives to consult of the weighty affairs of the kingdom ; we have read they were first designed to balance the unweildy power of the barons lately abused : and in whatever privileges they have since encreased by the permission of princes , we are sure their power at utmost extends no farther , then barely to propound and advise unto ; while it is the kings unquestioned right to refuse , or ratifie their motions . we imagin therefore that for bare votes to be accounted as acts , is as great an encroachment on nonsence , as for a house of commons to challenge the name of parliament : we think the first a miserable catachresis , and know the last to be an insufferable synechdoche . we judge it convenient that private persons should not be such intermedlers in public affairs , as to notifie to princes their errors in government , and supplicate for a redress of grievances when there is no appearance of any but in the imaginary draughts of their own timorous fancies : when subjects surpass the limits of modesty in such extravagant addresses , it is but wisdom in princes to disencourage their attempts , since the granting of some things would but give a fresh provocation to endless demands . petitioners being like dropsical fish-natur'd sippers , who by constant bibbing metamorphose their stomacks into lime-pits , where moisture produces so contrary an effect , that the more they drink the more they burn . we look upon the oath of allegiance as made not only to bind papists , but protestants to obedience . we hold it nonsense that major singulis , should be said to be minor universis , at the same time a soveraign , and yet a subject of all his subjects : and we think it as miserable a fallacy to divide the prince into a personal and politic capacity , and so usher in a pretence of fighting for the king , when the sword is drawn against him . ours being no elective monarchy , we look upon the crown as an inheritance entailed upon the lawful heir , of which he ought not to be dispossessed by persons that have no authority to take away the privilege os his birth-right : and to this we farther add , it is somewhat disingenuous for people forcibly to divert all natural affection , and compel a prince to sacrifice to the humour of the vulgar , one of the nearest of his own bloud . we had rather other methods of securing the protestant religion , so freely offered by his majesty might be accepted of ; and when all courses are taken which can lawfully be used , the event must be left to god alone , whose providence determins the success of all intentions . sir , the design at first proposed of giving this cursory essay of our religion and loyalty , was to intimate how the proceedings of the late parliament , in many things were very far from obtaining of our approbation , how extravagantly soever magnified and extolled by the applauding vulgar . for first , they run contrary to our sentiments in religion . did they not use all the spades and mattocks of seditious contrivances to undermine the foundation of our well establisht church-government ? did they not envy us the support of our chief pillars , the bishops , whom they would first have made weaker and then pulled down ? would they not have let in many beasts of the forrest to our vineyard , by making a breach in our fence , in taking out three stakes from our hedge of the articles ? would they not have given encouragement to divisions by granting liberty to dissent , and by removing of penalties , have invited many to transgress ? did they not take up at the second hand many old artifices of innovating a change ; as crying out against the unreasonableness of pluralities , the inconvenience of non-residence , and affirming the necessity of a redress of both ? and finally did they not use all methods of irritating the vulgar to vilify the clergy , because they were the chief opposers of sedition , and perswaders to allegiance and uniformity . then in opposition to loyalty , . how arbitrary and magisterial were their own proceedings , while they pretended to be doing nothing else but preventing the arbitrary power of another ? how many honest and loyal gentlemen did they force to do the penance of falling down and worshipping them for speaking blasphemy against their authority , while treason against a higher power past unquestioned ? how crosly and resolutely did they always deny his majesties just demands , though they were to be employed for the nations security ? and at last how saucily would they have cried down the king by debarring him of the privilege of the meanest subject , making it unlawful for any one to turn his creditor though on never so good security ? this is not the moiety of what might be said , but perhaps in this case : 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . i hope all former miscarriages may be obliterated in the ashes of oblivion and rak't up in the embers of an ardent and mutual affection between the king and his two houses . i wish the same gentlemen may be sensible of their errors , and so become achillean physicians to cure the wounds which they themselves have made in our church and state . then will there be some encouragement for us academics to make a diligent progress in our studies , while there remain rewards suitable to our labours . but if preferments must be taken away , if benefices must be monopoliz'd , and an equal maintenance allowed to the industrious and sluggish , it will invite us to take up some more advantagious employment . this puts me in mind of a passage in a late vindication of the clergy , intimating , that if church-men were turned out of their livelyhoods , they would rather than starve , adventure to turn soldiers to recover them . that is rather then the tribe of levi would be couchant , as issachar under the burden of poverty , they would become so many judah's , sword-bearers to avenge themselves of their enemies . i may add , if ever the persecutions of the rabble reduce them to this extremity ( which god avert ) we who are the sons of the prophets , and bred in their schools should gather to our fathers , and be intituled to the church militant , and dying martyrs in so good a cause , should be in hopes of being transplanted to the triumphant . sir , i abruptly remain your humble servant , — — & academiae filius . postscript . the humble address of an academick muse , to his majesty . hail mighty charles , the atlas of our state , greater than poets fancies can create , ( whose laded brows no other garland bears , then th'heavy burden of three kingdoms cares , and yet whose stooping would endanger all he does support , to totter , or to fall ; ) hail sacred prince , we all congratulate thy prudence for averting that dire fate which lately did impend ( however meant ) upon our well establisht government : when cockatricng states-men would have sate and hatcht rebellion to its birth , but that thy interposing pow'r , when grown too proud , soon dissipates the representing croud ; and yet to shew how much you really prize your subjects misabused liberties , by gracious writs you soon give power unto mechanick tools to frame the house anew ; and then least it might grow infectious , by city plagues remove it here to us : where th' dross refin'd air does mortify contagious venoms by antipathy : so may it be , while here all subjects learn past errors by reflection to discern . and th'knowlege of a fault 's one great degree , unto th' amendment of deficiency . but if their fixed obstinacy blind , their hoodwinkt reason so , as not to mind th' impulses of their duty , but run on to th' jarring chaos of confusion , curb , royal charioteer , the hotspur'd rout , keep in the reins and tire their fury out : thou the true phoebus art , ordain'd to guide , they but fond phaetons whose giddy pride , is still ambitious of mounting higher , till want of skill sets all the world on fire ; thy prudence yet unparalell'd , knows how , best way to make such stifneck'd rebels bow : but when thy pow'r has forc'd them to advance back to their bounds of firm allégiance ; for to prevent relapses which attend new cures , a bashful muse makes bold to send this short advice . recall that liberty , extorted from your royal clemency ; whence none within their bounds of duty stay , but plead a license for to disobey : if criticizing conscience may resist , and peevish baggage do but what she list ; there never will want scruples to withstand the plainest orders of supreme command : nor is there hope the best contriv'd dispute , should such like wilful errors e're confute , plain arguing but few converts will afford ; no rhet'rick will suffice but that of th' sword , their biass'd humours never will comply , till force reduce them to their loyalty ; and only then they 're fitted to agree , when backs as tender as their conscience be . take up then british jove thy thunderbolts of vengeance , and strike down such stupid dolts to hotter regions , where their sense may feel , what 't is indeed to burn with ardent zeal ; and if their conscience ben't consum'd in hell , but still has force to prompt them to rebell , they 'le learn from grim belsebub's tyranny , that hell it self admits of monarchy . gloria deo , regique salus . a proclamation, for publishing of the peace between his majesty and the king of denmark england and wales. sovereign ( - : charles ii) approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). b wing c a estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. b ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a proclamation, for publishing of the peace between his majesty and the king of denmark england and wales. sovereign ( - : charles ii) charles ii, king of england, - . sheet ([ ] p.) printed by evan tyler, printer to the kings most excellent majesty, edinbvrgh : . caption title. royal arms at head of text; initial letter. printed in black letter. dated at end: given at our court at whitehall, the twenty fourth day of august, one thousand six hundred and sixty seven, and of our reign the nineteenth year. reproduction of the original in the national library of scotland. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng treaty of breda ( ). anglo-dutch war, - -- treaties -- sources. great britain -- politics and government -- - -- sources. great britain -- foreign relations -- denmark -- early works to . denmark -- foreign relations -- great britain -- early works to . broadsides -- scotland -- th century. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion c r honi soit qvi mal y pense royal blazon or coat of arms a proclamation , for publishing of the peace between his majesty and the king of denmark . charles r. whereas a peace hath been treated and concluded at breda , betwixt his majesty and the king of denmark , and the ratifications thereof exchanged , and publication thereof there made the fourteenth day of this instant august : in conformity whereunto , his majesty hath thought fit hereby to command , that the same be published throughout all his majesties dominions . and his majesty doth declare , that all ships or other moveable goods whatsoever , which shall appear to be taken from the subjects of the said king of denmark , after the fourth day of september next , in the north seas , as also in the baltick and the channel , after the twenty second of september next , from the mouth of the channel to the cape st. vincent ; after the twenty third day of october next ensuing , on the other side of the said cape , to the equinoctial line , aswell in the ocean and mediterranean sea , as elsewhere : and lastly , after the fourteenth day of april , one thousand six hundred and sixty eight , on the other side of the aforesaid line , throughout the whole world , without any exception or distinction of time or place , or without any form of process ; shall immediately and without damage , be restored to the owners , according to the said treaty . and hereof his majesty willeth and commandeth all his subjects to take notice , and to conform themselves thereunto . given at our court at whitehall , the twenty fourth day of august , one thousand six hundred and sixty seven , and of our reign the nineteenth year . edinbvrgh , printed by evan tyler , printer to the kings most excellent majesty , . wednesday the august, . mr. speaker, by way of report acquaints the house of the great appearance of the militiaes of london, westminster, southwarke, and the hamblets of the tower, on monday last in finsbury feilds, ... england and wales. parliament. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) wednesday the august, . mr. speaker, by way of report acquaints the house of the great appearance of the militiaes of london, westminster, southwarke, and the hamblets of the tower, on monday last in finsbury feilds, ... england and wales. parliament. sheet ([ ] p.) s.n., [london : ] title from opening lines of text. place of publication and publication date inferred. signed: hen. scobell cler. parliament. the speaker reports the appearance of the militia at finsbury fields on monday, th inst.: whereon a vote of thanks is passed to the lord mayor, &c., of london, etc. for their affection to parliament. ald. pennington, sir john bourchier, ald. atkin, and ald. allen to return thanks -- cf. steele. annotation on thomason copy: "septemb. . ". reproduction of the original in the british library. eng great britain -- politics and government -- - -- early works to . great britain -- militia -- early works to . london (england) -- history -- th century -- early works to . a r (thomason .f. [ ]). civilwar no wednesday the august, . mr. speaker, by way of report acquaints the house of the great appearance of the militiaes of london, westmin england and wales. parliament. a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - judith siefring sampled and proofread - judith siefring text and markup reviewed and edited - pfs batch review (qc) and xml conversion wednesday the august , . mr. speaker , by way of report acquaints the house of the great appearance of the militiaes of london , westminster , southwarke , and the hamblets of the tower , on monday last in finsbury feilds , and their great cheerefulnes and readines manifested to the publick service . and likewise of the great care and affection of the lord major , aldermen , sheriffes , and common-councell of the city of london , the collonels , and officers , and souldiers of the trained bands , and voluntiers both horse and foot , and especially the great care and paines of major generall skippon , in that service . resolved , that the thankes of the parliament be returned to the lord major , and aldermen , sheriffes , and common-councell of the city of london , and likewise to the severall militiaes of london , westminster , southwarke , and the hamblets of the tower , and to the collonels , officers , and souldiers ; and to the trained bands , and voluntiers , both horse and foot , for their great affection to the parliament , in their cheerfull readines to serve the state , manifested at their last appearance in finesbury feilds on monday last . resolved , that alderman pennington , sir john bourchier , alderman atkin , and alderman allen , doe returne the thanks of the parliament accordingly . hen. scobell cler. parliament . the declaration of the right honourable henry, earle of cumberland, lord lievtenant generall of his maiesties forces in yorke-shire and of the nobility, gentry, and others his majesties subjects now assembled at yorke for his majesties service and the defence of this city and count. cumberland, henry clifford, earl of, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing c ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing c estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the declaration of the right honourable henry, earle of cumberland, lord lievtenant generall of his maiesties forces in yorke-shire and of the nobility, gentry, and others his majesties subjects now assembled at yorke for his majesties service and the defence of this city and count. cumberland, henry clifford, earl of, - . p. by stephen buckley, printed at york : . "by speciall command." reproduction of the original in the harvard university library. eng great britain -- history -- civil war, - . great britain -- politics and government -- - . a r (wing c ). civilwar no the declaration of the right honourable henry earle of cumberland lord lievtenant generall of his maiesties forces in yorke-shire. and of th cumberland, henry clifford, earl of d the rate of defects per , words puts this text in the d category of texts with between and defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion the declaration of the right honourable henry earle of cvmberland lord lievtenant generall of his maiesties forces in yorke-shire . and of the nobility , gentry , and others his majesties subjects now assembled at yorke for his majesties service and the defence of this city and county . printed at york by stephen bukley , . by speciall command . the declaration of the right honourable , henry earle of cumberland , &c. from the deep sence of the growing miseries which have formerly afflicted this distressed coontry , and out of the grievous apprehension of those inevitable ruines , and desolations , with a reall war fomented , hatched , and brought forth by our continuall distractions , must infallibly bring upon us ; we thought it the least of our duty to our god , our king , and our country , to endeavour all means possible to discharge our selves before god and man , and to leave nothing unattempted which might avert and prevent those fearfull calamities which as it must be consequently the most bloudy and ruineous ) was of all others ; and therefore in pursuance of that due affection to our native country ; we first prevailed with our most gracious sovereigne , whose royal inclination met our humble desires , in the most ready wayes , and apparent meanes which we could devise and finde out for the p●ace and safety thereof , and set aside all other respects , though never so much conducing to the main of his owne affaires , for our security ; and therefore carried a way the fatall cloud of war , which in a hideous form hung over our heads , to disburden it selfe in another clymate , so as we conceived , we had no further worke of labour , but to pay the duties of prayse and thankfulnesse to our god and king ▪ whose grace and goodnesse had freed us from the visible consequences of a great and terrible tempest , but since it hath pleas●d the unsearchable wisedome of almighty god so to order it , that another storme hath broken and powred a great part of it upon this country ( when we least feared , and by those means which we least suspected ) and that contrary to all expectation work our misery ) there appeared those out of our owne bowels , which have begun a war and kindled a flame , which ●oth hazard the ruine and destruction of their native country ; which we take as a punishment due to our manifold sins and offennes , and leave the particuler executioners thereof , to his owne wisedome and iustice hereafter , yet we haue not been a wanting to the safety and protection of this people ( so long , and in so many wayes afflicted , but have appolyed our selves to all such wayes and means , which in humane reason we could hope might procure a timely remedy to those bleeding wounds . and therefore in a treaty at rodwell , with some gentlemen of this county , of whose affection to peace and vnity ( though differing in opinion from us ) we were most confident : sundry articles were a greed and concluded upon , all wholly tending to those ends , and conducing to reall settlement , which was sought after by us with so much candor plaine dealing , and earnestnesse , that we willingly let passe the manifest advantages which we then had over the opposers of the setled peace of this county , and judging the affections of others by our own desires and inclinations , declined and quitted all other considerations , but such as might parchase a good correspondence and amity with those gentlemen and others , whom at that time it lay in our power to have forced or destroyed ; and that nothing might be awanting to oblige them , sett at liberty sundry prisoners , some of good quality , upon their word and faith , to returne them againe if the treaty were not preformed ; and condescended to all the world knows that we aymed at the publique safety & assurance : yet not withstanding all this , without the least breach on our behalfe , particuler passions and interests hath so far prevailed , that as , soone as they were freed of the danger wherein they were then engaged , contrary to their hands , faith and protestations , they have wholly broken that agreement so solemnly concluded , & without rendring the least reason ( which indeed is impossible and of which they can never excuse themselves ) have with indirect intentions ; and by a specious of●er of peace ( which it seems was the least of their thoughts ) strengthned , and prepraed themselves for war , by pretence of safety to the county , disveloped themselves from danger , and procured security to their own persons , and by a seeming desire to stop the deluge of war ( began by them alone ) opened a breach to all the miseries & calamities which must now most invitable overwhelm this distressed country ; whereby before the utmost extrimity hath appeared , we have already suffered what can befall any people ( setting aside , firing townes and villages ) by the hand of a cruell and forraigne enemy ; strangers brought in to oppresse us , our houses plundred , goods destroyed and taken away , our housholds disperced , wives and children banished , the persons of divers of us seized , and imprisoned , our lives endangered , and sought after , by sword or famine ; ( and what is beyond all beleife ) those who are unquestionably innocent , and in no capacity to be involved in our pretended offences ( if we be guilty of any ) our children ( even those whose infant yeares admit no colour of objection ) our servants ( employed only in domestick , commands ) sought after ▪ and indangered in the same measure and degree of cruelty , violence , and oppression . and that no aggravation may be a wanting to encrease our sufferings , all those exorbitances executed under the glorious pretences of safety of religion and preservation of state , and done by authority and command of parliament ( which we acknowledge and b●leive to be the guard●an of publique liberty ) and who we are confident being chosen by us for assertors of our freedoms , will not enthrale us ; being trusted with the property of our goods , wil not take them from us ; being selected for the preservation of our laws , will not violate or infringe them ; and that in so high a measure , as more could not be perpetrated , if we were conquered and subdued by the most barbarous and violent enemy . we have heard and do beleive , that both the houses have commanded the militia to be setled & that they think it necessary , for some reasons ( best knowne to themselves ) that the power which untill this time , hath bin unquestionably in the kings of this land , shold now be setled in themselves yet these admitted , we cannot be perswaded , that it is the intention or meaning of the parliament , that all who are not convinvinced of the necessity , or who cannot dispence with their oathes , which tyes them to the knowne lawes of the land till they be repealed , and to obey his maiesties command in those things wherein it appears hee hath manifest right , untill he hath given a way and parted with that right by his own assent , or who are yet newters , and conscionably , expect a legall rule whereby to be directed , should presently with out due processe of law , be devested from all property of goods , liberty of persons , lives and fortunes , and be in a worse condition for not performing what is it no law , then any man can be for offending and disobeyng all the lawes which were ever yet established : and much lesse , that the friends and servants , the faulty and guiltlesse , those whose condition or inability free them from assisting in , or , exercising any militia , clergy-men , babes , old men , women , should be included and wrapped up in one common fate and destruction , contrary to the rules of god and nature ; which make a large differene between the innocent , and the offender , and the customs and laws of this realme , which give freedome to diverse in those cases and have so long maintained this kingdom in peace , by distributing rewards and punishments ( not to all a like ) but to the conscionably obedient , or wilfull contemners thereof . these distructive courses of violence , pretending necessity , were ever opposed when they were executed by regall power , deferred & protested against by his sacred maiesty , altogether condemned by former , and this present parliament , and not to be done or consented to by any , without disobedience to his majesty , offence to the parliament , and injury to the freedom and liberty if this people and kingdom . but wee are farre from believing these to be the command and acts of an english parliament , which our selves have so earnestly desired , so faithfully supported ; but rather of some persons , who ( being now ) contrary to their hopes , armed with power to gaine the affections of their souldiers for farther ends and designes , and to make their particular profit by the generall spoyle , give way to this licentiousnesse , and suffer them to ransome persons and destroy the goods of the innocent people , and to make havocke and spole of all which comes in their way , letting loose the raines of government , and giving way to all manner of rapine ( though the gaine on the 〈◊〉 doth in no measure countervaile the losse on the other ) to the unspeakeable detriment and dammage of this our flourishing , now miserable country . by which courses it hath beene already endammaged ( as we offer to make good ) to the value of pound , besides the sufferance of many such barbarous outrages , scarce credible to be committed by christians ; and those so frequent , that if possible , they can bee denyed ; and that the houses will admit the proofe , we shall make them appeare in such numbers , and so abhominable , will exceed the beliefe of any , unlesse they see them sufficiently witnessed and attested . out of our desire of peace , we have already endured beyond mortall sufferance , and are ready to suffer still in our owne particulars ; and to set apart all interests of our owne , and to expose our selves to the height of violence and rigour though undeserved ( unlesse to obey our king according to his laws be an offence ) before wee will hazard the peace of this county , and this people , for any regard or respect whatsoever . and therefore because as our adversaries do speciously pretend , that their armes are raised only for seizing upon delinquents , and bringing them to condigne punishments , or driving them out of the country ( which is their baite to catch the multitude . ) we do unanimously professe and declare ( although we are confident , and that their practises ●hew that whosoever hath mony or plate , or moveables , is a delinquent , and must part with them ere he be guiltles ▪ ) to take away all scruples , if they will set down and expresse the names of the delinquents ( if any be amongst us ) and their offences , upon assurance that no other end is sought by their armes ; and that once obtained , they wil absolutely lay them down , and free the country : it shall be manifested , that we will not decline any just and legall tryall , or desire that a war should be continued , or the people disturb'd for the safeguard of them , or any of them : although we are most assured , that when by the tearme of delinquency , they have quit their hands of such , who are most likely to oppose the ruinous proceedings , that others whose wealth , estates , or former actions unpleasing to these men , have made them obnoxious , shall succeed in the same misery ; and very many , who suppose themselves in a good condition of grace and favour with them , shall fall into the like misfortune , as soone as the lion sees fit time to discover his hidden clawes ; it being impossible they should be in a better estate of innocency , then our selves , who have not at all wilfully offended , or opposed any of the knowne lawes of this kingdom . we have had wofull and sad experience , that the more our adversaries are sought unto for peace , the farther they are estranged from it ; and that all lenitive applications , doe but exasperate our disease . we doe protest before god and man , that wee will yet apply our selves to all meanes which may conduce to quiet , and settlement ; but in the meane time will really and effectually labour for the safety of this country , our selves , our wives , and children ; and if for the preservation of all , that ought to be defended , and maintained by mortall man : we are necessitated and compelled by their example to call in forces , and desire the assistance of the earle of newcastle , and of our friends and neighbours in the adjacent counties ( being of our own nation , and whose turne is next , and cause the same with ours , and that thereby some unforeseene or unwished accident arise , not then to be remedied , and that yorkshire become an akeldama and field of bloud , we lay the consequences and effects thereof at the dores , and upon the heads of those men who first begun , and kindled the flame i● this county , and have hitherto refused our most brotherly and peaceable offers , and endeavouring for unity and tranquility , which on our parts hath bin so earnestly sought after , and attempted ; that we can justly now say , we have freed our owne soules , discharged the duty of christians , englishmen , patriates , and have bin refused in all : so as there remaines no more , but to defend our country from strangers , our lives from violence , our wives and children from extremity of injury , our houses from rapine , our goods from spoyle , our laws , liberties , property , and whatsoever is or can bee neere or deare unto us , from utmost hazard and destruction . in execution or which resolution , there is no course or means omitted , which may ( as far as is possible ) conduce to the benefit and preservation of the people . the earle of newcastle required assurance before he would march to our assistance , that the country should be payed the billet of his souldiers , which was before thought upon , and resolved by us , and caution is accordingly given ; so that no man will receive losse or dammage by those forces , as far as it is in our power to provide or foresee . and because they have hitherto built up themselves upon false reports and foundations , and disguise and make the truth according as it may best fit their ends , and serve their purposes ; and thereby not onely perswade the people with deceitfull rumours of his majesties unfortunate proceedings ( when in truth god hath wonderfully blessed him with most fortunate successe ) but also casting false lights before their eyes , lay scandalous aspersions upon our actions and reall intendments , for the benefit of this county , striving to possesse them with a prejudicacy of whatsoever we go about to do ; & accordingly are now seeking to poyson the minds of the people with a false opinion , and causelesse jealousie , that the army now comming to our assistance , is assigned for the oppression , not deliverance ; the destruction , not safegard of the country ; and will be the ruine of it wheresoever they passe . to stop the poysonous mouthes of malice it selfe , the earle of new-castle hath declared his honourable intentions , to leave the country in peace , as soone as he hath delivered it from these enemies of his majesty , who now oppresse and tyrannise over it . in which endeavour wee doubt not , to find the reall concurrence of all who have interest in this county , and that they will not be behind their neighbours and allyes in seeking their owne preservations , being all owners of one common cause , and must ( what ever pretences be made ) in the end , runne the same course of violence and disolation . how ever , though we perish in this work , we shall rest satisfied , that we have preserved our faith and honour untainted : and if all other disert us in this resolution , wee will not faile our selves , nor our duty to our king and country ▪ wherein appeares so much iustice and piety : but are most confident by gods blessing upon the performance of our just endeavours , to represse the enemies of his majesties peace , and to conserve our selves and this country , to the glory of god , the service of our king , and mutuall comfort of one another . finis . a letter to a friend concerning the next parliament's sitting at oxford philanglus. approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing l estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a letter to a friend concerning the next parliament's sitting at oxford philanglus. broadside. printed for j.k., [s.l.] : . reproduction of original in the huntington library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- parliament -- history. great britain -- history -- charles ii, - . great britain -- politics and government -- - . - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion a letter to a friend concerning the next parliament's sitting at xf rd . honest tom , having undergone the gloomy day and newes of the parliaments dissolution , &c. as also the good newes that it is his majesties pleasure to order my lord chancellor to issue out . writs in order to the election of another , all i say by the way is this , ( cavete angli ) look to it you free-holders of england , that you observe the good advice contained in the writ : but they are to sit at oxford : and indeed , honest tom , i think that in the time of the sickness the then parliament sat at the said place . and alas ! now tom it 's a sick state , a sick nation , a sick people , all sick , and to be feared near death ; and now to oxford again must the parliament go . but tom dost think london's air to be infected ? i must confess , a bold rogue of our intimacy said , if it were , or any parts adjoyning , it was then the western end . but however , we know oxford is a clear air , and a goodly place , likewise a sumptuous theatre for them to act their parts in , and so let 'um march thitherwards . and i with them all prosperity and felicity , and withall that there may be no rogues , pensioners , or fellowes that love their pockets better than their countrey ; which i cordially wish for , who am , honest tom , thy old friend and companion , philanglus . printed for j. k. . die mercurii . maii, . upon report this day made to the house from the committee of priviledges, it is ordered by the lords in parliament assembled, that according to the ancient and undoubted rights of peeridge, no lord of parliament, or peer of this realm be or shall be charged, or set at any arms whatsoever, ... england and wales. parliament. house of lords. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) die mercurii . maii, . upon report this day made to the house from the committee of priviledges, it is ordered by the lords in parliament assembled, that according to the ancient and undoubted rights of peeridge, no lord of parliament, or peer of this realm be or shall be charged, or set at any arms whatsoever, ... england and wales. parliament. house of lords. sheet ([ ] p.) printed by john macock, and francis tyton, printers to the house of lords, london : . title from caption and opening lines of text. "no peer can be charged or set at arms, on any act for trained bands, militia, &c. their assistants and the attendants of the house are exempt." -- cf. steele. order to print dated: die mercurii . maii, . signed: jo. browne, cleric. parliamentorum. reproduction of the original in the british library. eng england and wales. -- parliament. -- house of lords -- privileges and immunities -- early works to . nobility -- great britain -- early works to . privileges and immunities -- great britain -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no die mercurii . maii, . upon report this day made to the house from the committee of priviledges, it is ordered by the lords in parliame england and wales. parliament. a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion honi soit qvi mal y pense dive et mon droit british royal blazon or coat of arms die mercurii . maii , . upon report this day made to the house from the committee of priviledges , it is ordered by the lords in parliament assembled , that according to the ancient and vndoubted rights of peeridge , no lord of parliament , or peer of this realm , be or shall be charged , or set at any arms whatsoever , upon any act for the trained bands , militia , or otherwise ; and that their lordships assistants , and attendants of the said house , be , and are hereby exempted in , and from the said charge accordingly . die mercurii . maii , . ordered by the lords in parliament assembled , that this order be forthwith printed and published . jo . browne . cleric . parliamentorum . london , printed by john macock , and francis tyton , printers to the house of lords , . severall votes and orders of the house of parliament. england and wales. parliament. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) severall votes and orders of the house of parliament. england and wales. parliament. sheet ([ ] p.) printed by richard cotes, london : . the first item is dated october ; the second and third, october . signed: hen. scobell, cleric. parliament. reproduction of the original in the british library. eng great britain -- appropriations and expenditures -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no severall votes and orders of the house of parliament. england and wales. parliament. c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - elspeth healey sampled and proofread - elspeth healey text and markup reviewed and edited - pfs batch review (qc) and xml conversion severall votes and orders of the house of parliament . die martis . october , . resolved by the parliament , that after the charges now on the publique receipts at goldsmiths-hall , shall be satisfied and taken off , the whole revenue to be raised out of , and by the regulation of the sequestrations and compositions of delinquents , and the confiscations of their estates , shall be applyed towards the maintenance of the army , and other publique charges , towards the abatement of the assessements . hen. scobell . cleric . parliament . die jovis , . octobr. . resolved by the parliament , that the committee of goldsmiths-hall , have power to receive from any person , or persons , who shall present the same to them , any ordinance , act , or orders of parliament , whereby any charge is imposed on the sequestrations of delinquents estates , and to examine the grounds and nature of them , and present the state of those severall ingagements to the house . resolved , &c. that it be referred to the same committee to take into consideration ▪ the severall penalties incurred by delinquents , by any act or ordinance of parliament , for not paying in their first or second payments , and to report the state thereof to this house ; and what effectuall way may be taken , for bringing in those compositions , and penalties ; and likewise to consider what delinquents estates ( who have not compounded ) or neglected to pay in their monies , are fit to be confiscated , and sold to the use of the common-wealth , and report it to the house . ordered by the parliament , that all treasurers , sub-collectors , committees , and other officers of sequestrations in the severall counties , be enjoyned from henceforth , not to make payment of any rents , issues , or profits , of sequestred estates by them received , or to be received , to any other person or persons , save unto the treasurers of goldsmiths-hall , or such as those treasurers there , shall appoint ; upon penalty of making good and answering out of their owne estates , to the use of the common-wealth , such summes of money , as they or any of them respectively , shall so pay contrary to this order . ordered by the parliament , that it be referred to the committee at goldsmiths-hall , to consider of a way how the rents and profits of all sequestred estates in the hands of any collectors , tenants , or other persons , may be brought in to the use of the common-wealth , and present the same to the house . eodem die . hen. scobell , cleric . parliament . resolved , &c. that the whole revenue of the sequestrations , in the severall counties of the common-wealth , be brought into the publique treasury of goldsmiths-hall , there to be disposed of for the maintenance of the army , and for other publique uses , in order to abate the charges of assessements for ease of the people . hen. scobell , cleric . parliament . london , printed by richard cotes , . some reflections on a pamphlet lately published entituled an argument shewing that a standing army is inconsistent with a free government and absolutely destructive to the constitution of the english monarchy defoe, daniel, ?- . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing d estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) some reflections on a pamphlet lately published entituled an argument shewing that a standing army is inconsistent with a free government and absolutely destructive to the constitution of the english monarchy defoe, daniel, ?- . the second edition. [ ], p. printed for e. whitlock ..., london : . attributed by wing and nuc pre- imprints to daniel defoe. reproduction of the original in the harvard university library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng great britain -- history -- william and mary, - . great britain -- politics and government -- - . - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - judith siefring sampled and proofread - judith siefring text and markup reviewed and edited - pfs batch review (qc) and xml conversion some reflections on a pamphlet lately publish'd , entituled , an argument shewing that a standing army is inconsistent with a free government , and absolutely destructive to the constitution of the english monarchy . hard words , iealousies and fears , sets folks together by the ears . hudibras lib. . the second edition . london : printed for e. whitlock near stationers-hall . . the preface . mr. abcdefg , sir , since i am to address to you incognito , i must be excus'd if i mistake your quality ; and if i treat you with more or less civility than is your due , with respect to the names or titles , by which you may be dignified or distinguish'd ; but as you are in print , you give your self a just title to the scandalous name of a pamphleteer , a scribler , a seditious broacher of notions and opinions , and what not , for as is the book such is the author . i confess you are something difficult to be known , for your note is so often chang'd , and your trumpet gives such an uncertain sound , that no man can prepare himself to the battle ; sometimes you talk like a common wealths man , sometimes you applaud our present constitution , sometimes you give high encomiums of the king ; and then under the covert of what kings may be , you sufficiently banter him ; sometimes the army are ragamuffins , sometimes men of conduct and bravery ; sometimes our militia are brave fellows , and able enough to guard us , and sometimes so inconsiderable , that a small army may ruine us , so that no man alive knows where to have you . possibly i may not have made a particular reply to a long rapsody of exclamatory heads ; for indeed , sir , railing is not my talent : had i more time to consult history , possibly i might have illustrated my discourse with more lively instances ; but i assure you i have not look'd in a book during the composure , for which reason i desire to be excus'd if i have committed any errors , as to the dates of any of my quotations . if i were a member of the army , i wou'd thank you mightily for the fine sweet words you give them at the end of your book : you have a pretty way with you of talking of kings , and then you don't mean this king ; and then of armies , but you don't mean this army ; no , by no means , and yet 't is this king that must not be trusted with men nor arms , and 't is this army that must be disbanded ; and his majesty is exceedingly obliged to you , sir , for your usage of him as a soldier ; for 't is plain you are for disbanding him as well as the army . but of all things i magnifie you , dear sir , for that fine turn of argument , that not to disband the army is the way to bring in king james ; but to disband them is the most effectual way to hinder them . you have read , no doubt , of the fable , how the sheep were perswaded to dismiss the dogs who they had hired to defend them against the wolves ; the application , sir , is too plain ; and this is the clause makes me suspect you for a iacobite . well you have driven furiously , and like jehu called all the world to see your zeal for the lord ; but like him too you have not demolished the high places ; you have demolish'd the army , but you have not provided against jacobitism ; you take care to leave the king naked to the villany of assassines , for you are not for leaving him so much as his guards ; and you take care to leave the nation naked to the insults of an enemy , and the king and the people must defend themselves as well as they can . this is the way indeed to teach us obedience with a rod of iron , and to make us pass under the axes and harrows of a barbarous enemy . all your plea is liberty , an alluring word ; and i must tell you , liberty or religion has been the mask for almost all the publick commotions of the world : but if freedom be the english man's right , you ought to have given the king and his parliament the freedom of debating this matter by themselves , without putting your self upon them to raise a controversie , where for ought you know there may be no occasion . what is there no way but an entire disbanding the whole army ? can no expedient be found out to secure us from enemies abroad , and from oppression at home , &c. no way but this , sir , how do you know what a parliament may do ? parliaments are magnipotent , tho' they are not omnipotent , and i must tell you , sir , the commons of england are not a body that can be enslaved with men ; and all that have ever attempted it , formed their own ruine in it , and i hope ever will do so ; but the wicked fear where no fear is , and fly when none pursues . sir , i wish you wou'd let us know your character , that we might judge of the manners by the man , for i am sure we cannot judge well of the man by the manners . your most humble servant , d.f. reflections on a late scandalous pamphlet , entituled , an argument against a standing army . some men are so fond of their own notions , and so impatient in the pride of their own opinions , that they cannot leave business of consequence to them to whom it specially and peculiarly belongs , but must , with as much brass as impertinence , meddle with a cause before it comes before them , tho' it be only to show they have more wit than manners . i observe this by the way , before i enter the list of argument which a nameless author of a most scandalous pamphlet , call'd , an argument against a standing army . if the author of that pamphlet be , as he wou'd be thought , a true honest spirited english-man , who out of his meer zeal for the safety , liberty , and honour of his country , has made this false step , he is the more to be consider'd : but if so , why shou'd he fear his name ? the days are over , god be thank'd , when speaking truth was speaking treason : every man may now be heard . what has any man suffer'd in this reign for speaking boldly , when right and truth has been on his side ? nay , how often has more liberty been taken that way than consisted with good manners , and yet the king himself never restrain'd it , or reprov'd it ; witness mr. stephen's unmannerly books , written to the king himself . but since the author conceals himself from all the world , how can we guess him any thing but a male-content , a grumbletonian , to use a foolish term , a person dissatisfied with his not being rewarded according to his wonderful merit , a ferg — , a man — , or the like . or a down-right iacobite , who finding a french war won't do , wou'd fain bring in fears and jealousies to try if a civil war will. i confess i cannot affirm which of these ; but i am of the opinion he is the latter of the two , because his insinuations are so like the common places of that party , and his sawcy reflections on the king's person , bear so exact a resemblance to their usual treatment of him , that it seems to be the very stile of a malignant . i may be readily answer'd to this ( i confess ) let me be what i will , what 's that to you , answer my argument ; if the doctrine be true , let the devil be the parson ; speak to the point . in good time i shall : and to begin with him , i agree with him in all he says , or most part at least of his preamble , saving some triflng matters of stile and of notion , and we won't stand with him for small things . and thus i bring him to his fourth page without any trouble ; for indeed he might have spar'd all the three pages for any great signification they have , or relation to what comes after . the fifth paragragh in his fourth page , and indeed the substance of the whole book brings the dispute to this short point ; that any army in england is inconsistent with the safety of the kingdom ; that liberty and an army are incompatible ; that the king is not to be trusted with either men , arms , nor money , for the last will be the consequence of the former ; lest he that has ventur'd his life in the extreamest dangers for us , shou'd turn our devourer and destroy us . a great deal of very handsome language he bestows upon the king on this account , calling him , with a tacit sort of necessary consequence , wolf , beast , tyrant , and the like . he tells us , page . all the nations round us have lost their liberty by their permitting standing armies ; and that they permitted them from necessity or indiscretion . if from necessity , 't was their misfortune not their fault . if from indiscretion , that was their fault indeed . but he is not pleas'd to give us one instance of any people who were brought under that necessity , and lost their liberty by it ; and yet if he had , 't was no argument , but that if we were reduc'd to the same necessity , we must run the risque of it : of which more by and by . in the same page he lays down the draught of our constitution . depending on a due ballance between king , lords and commons ; and affirms from thence , that this constitution must break the army , or the army destroy this constitution : and affirms absolutely , with a confidence peculiar to himself , that no nation can preserve its freedom , which maintains any other army than such as is composed of a militia of its own gentry and freeholders . and being gotten into a positive vein , he says , what happen'd yesterday , will come to pass again ; and the same causes will produce like effects in all ages . and indeed all is alike true , since nothing is more frequent , than for the same causes to produce different effects ; and what happened yesterday may never happen again while the world stands , of which king iames is a visible instance . but to descend to particulars . i shall give you only this remarkable instance ; king henry viii made as vigorous and irregular efforts to destroy the religion of the kingdom ( as then 't was establish'd ) as ever king iames did , and perhaps his methods were more than ordinarily parallel ; he govern'd this nation with as absolute a despotical power , though the constitution was then the same it is now , as ever king charles ii. or king iames ii. attempted to have done , and yet the effects were not abdication , or calling in a foreign aid . i could go back to other kings of this nation , whose stories might illustrate this ; but the gentleman is historian good enough , i perceive , to know it ; and by the way , 't is to be observed also , that he did this without the help of a standing army : from whence i only observe , as all the present use i shall make of this instance , that there are ways for a king to tyrannize without a standing army , if he be so resolv'd : è contra , there may be ways to prevent it with an army , and also that i think this proves , that the same causes does not always produce the same effects ; and a little further , if the same causes will produce the like effects in all age , why then , sir , pray lay by your fears , for if ever king william ( which we are sure he won't ) or any king else , goes about to destroy our constitution , and overturn our liberties , as king iames did , the people will call in a foreign aid , and cause him to run away , as they did then ; for what happened yesterday will come to pass again , and the same causes will produce the like effects in all ages . page the sixth he begins very honestly , with a recognition of our security under the present king , and softens his reader into a belief of his honesty , by his encomiums on his majesty's person , which would be well compar'd with his seventeenth page , to shew how he can frame his stile to his occasion ; but in short , concludes , that when he is dead , we know not who will come next ; nay , the army may come and make who they please king , and turn the parliament out of doors and therefore in short , we ought not to trust any thing to him , that we wou'd not trust to the greatest tyrant that may succeed him . so that our condition is very hard , that the person of a king is no part of the consideration , but a king , be he angel or devil , 't is all one , is a bugbear , and not to be trusted . a fine story indeed , and our great deliverer ( as he calls the king ) must not regret this , but be contented : that now he has cleared the world of all our enemies , but himself , he should be esteem'd the great charibdis which the na●ion was to be split upon , and we must entirely disarm him , as a wolf who ought not to be trusted with teeth ; for these are his own words . then he tells us , no legislators ever establisht a free government , but avoided this , as the israelites , athenians , corinthians , accaians , lacedemonians , thebanes , sammites , romans . now 't is notoriously known , that all these were first establish'd commonwealths , not monarchies : and if this gentleman wou'd have us return to that estate , then i have done with him ; but i appeal to himself , if all these governments , when they became regal , did not maintain a millitary power more or less : nay , god himself , when the israelites would have a king , told them this would be a consequence : as if it might be inferr'd as of absolute necessity , that a military power must be made use of with a regal power ; and as it may follow no king , no army , so it may as well follow , no army no king. not that i think an army necessary to maintain the king in his throne , with regard to his subjects , for i believe no man in the world was ever the peoples king more than his present majesty . but i shall endeavour a little to examine by and by , what the king and nation , so as matters now stand in the world , wou'd be without an army . but our adversary rests not here , but page . he proceeds ; truly he wou'd not have the king trusted with an army ; no , nor so much as with arms , all the magazines too must be taken from him . and referring to the estates , mentioned before , he says , they knew that the sword and the sovereignty marcht hand in hand , and therefore a general exercise of the people in arms , was the bulwark of their liberties , and their arms , that is , magazines of amunition , &c. for the term is now changed , w●re never lodg'd in the hands of any but the people : for so the following words directly imply . the best and bravest of their generals came from the plough , and contentedly return'd to it again when the war was over . we shou'd have made a fine war against france indeed , if it had been so here . and then he goes on with instances of nations who lost their liberties when ever they deviated from these rules . at the end of these examples , our author tells all the world in short what he would be at : for there he has , like god almighty , divided the world , and he has set the sheep on his right hand , and the goats on his left ; for he has reckon'd up all the monarchal governments in the world , with a go ye cursed into the most abandon'd slavery , as he calls it ; and all the commonwealths in the world , on the other side , with a come ye blessed into freedom from kings standing armies , &c. nay he has brought algiers and tunis in for people who enjoy their liberty , and are free . i suppose he has never been there : and truly , i believe the freedom he mentions here , wou'd be very like that , or like the days when there was no king in israel , but every man , did what was right in his own eyes . thus far i have follow'd him only with remarks in general to page . he proceeds then to tell us the danger of an army , and the misfortune of all countries to be forc'd sometimes to take up arms against their governours . a man ought to be an universal historian to affirm that , and i have not time to examine it now . from hence he draws this assertion , that 't is therefore necessary to put us into a capacity always to be able to correct our kings , that we may have no occasion for it ; for when we are enabled to do it , we shall never be put upon it . the english is this , keep your king so weak that he may always be afraid of you , and he will never provoke you to hurt him . for , says he , that nation shall be sure to live in peace which is most capable of making war : but if the king has men before-hand with us , observe it [ with us ] in totidem verbis i leave his meaning to be construed , the people can make no efforts without the assistance of a foreign power . another consequence of an army is , they may come and force the people to choose what members they please , to sit in parliament , or they may besiege the parliament-house , and the like . now it happened that both these things have been done in england , and yet the people preserved their liberties , which is a demonstration beyond the power of words , from his old maxim , what happen'd yesterday , will come to pass again , and like causes will have like effects : the choice of members of parliament were obstructed , and the house of parliament was besieged and insulted by the soldiers , and yet the people were not depriv'd of their liberties ; therefore it may be so again , for what happen'd yesterday will come to pass again . page . he descends to a particular , which reverst , i think , is a lively instance what a vigorous opposition may do against a far greater force than men : if king charles the first , says he , had had but men , the people cou'd never have struck a stroak for their liberties . turn this story , and let us but recollect what force the parliament had , and what the king had , and yet how many stroaks he struck for his crown . the parliament had the navy , all the forts , magazines and men in their hands : the king , when he erected his standard at nottingham , had neither ships , men , arms , ammunition or money , but seem'd to be turn'd loose into the field , to fight with the commons of england , and all the militia was in the hands of the parliament by the commission of array , and yet the king was ready in keynton field , and at the head of an army , sooner than the parliament were ready to fight him , nor do the writers of that side pretend to call that a victory . then he comes to king iames , and says he , if he had not attempted religion ▪ but been contented with arbitrary power , we shou'd ha' let him bound us hand and foot ; and tho' king james had all the nation , and his own army against him , yet we account the revolution next to a miracle . to this i reply , no , sir ; no miracle at all on that score ; for the nobility , gentry , and people of england did not question but they shou'd reduce him to reason , else they had never call'd in the present king , for they did not expect him to work miracles , but to procure a free parliament , &c. as is at large express'd in his majesties decla●ation . but here lay the miracle of the revolution : the providential removal of the french kings forces to the siege of philipsburgh , against all manner of policy , when if he had made but a feint on the frontiers of the dutch , they could neither have spar'd their troops nor their stadtholder . the wonderful disposition of the wind and weather which lockt up king iames's fleet , so as to make the descent easie and safe . and at last the flight of king iames , and the re-settlement of the whole kingdom without a civil war , which was contrary to the expectations of all the world ; this was that which was next to miraculous . now we must come to examine his quotations , by which i must be excus'd to guess at the rest of his instances , which indeed , generally speaking , are chosen very remote ; he tells us , a very small army is capable to make a revolution ; oliver cromwel left behind him but , oportet mendacem esse memorem ; oliver cromwel did not work the revolution which he brought to pass on the parliament with less than men , and if he left but behind him , which nevertheless i do not grant , there must be reckoned the army left in scotland , with general monk , which was at least , and the settlement in ireland , which at least also took off from the old army above men more , besides those which had chang'd parties and laid down their arms : as to the pretorian soldiers , i don't read that they by themselves made any revolution in the roman empire . iulius caesar had a much greater force when he march'd out of gaul ; and they were great armies who declared galba , otho , and vespasian emperors . then as to the ottoman empire , of which this author , i suppose , knows very little ; the ianisaries have not been less in that empire till this war , than men ; what he calls the court ianisaries i know not , but when selimus depos'd and murther'd his father amurath , you will find above ianisaries and spahis in the action ; but if an army of men can enslave this nation , as he foolishly supposes , our militia are good for much at the same time . as to his paragraph , p. . wherein he says , we are told , this army is to be but for a time , and not to be part of our constitution . i must say to him , i never have been told so , but i am of the opinion , and shall acquiesce in it , that such an army and no other , as the king and parliament shall think needful for our preservation shall be kept on foot , so and so long as the said king and parliament shall think fit ; and from them i dare say no danger can befal our liberty . we have a blessed happy union between the king and the parliament ; the king offers not to invade the peoples liberties , nor they his prerogative ; he will desire no army but for their safety , nor they will deny none that is : but here is an author , who in the beginning of his pamphlet says , the safety of the kingdoms depends upon a due ballance ; and at the same time tells us , our armies , no nor our magazins , are not to be trusted with the king ; is that a due ballance ? then he tells you , that saying the purse is in the hands of the people , is no argument at all , and that an army will raise money , as well as money raise an army ; he suggests indeed , that 't is too desperate a course , as well he may ; for i wou'd only ask him , if he thinks an army of men could suppress this whole kingdom , and live upon free quarter on the inhabitants by force . i wou'd put him in mind of the alarum ship money made in england , and yet king charles had then an army and no parliament sitting . then he supposes a shutting up the exchequer , for indeed he is upon the point of supposing every thing that has but a possibility in it , and what if the exchequer should be shut up ? why this gentleman wants to be told that the money is not in specie in the exchequer , and it must be raised and brought thither by the help of the army ; so that all that amounts to the same thing as the other , raising money by troops of horse , which has been try'd in england , to the destruction of the contrivers ; and what has been , he says , will always be again . from this he proceeds to an insolent saucy banter on his majesty's person , whose vertue , he says , we ought not to hazard by leading it into temptation : our heroes , he says , are of a course allay , and he has observed most men to do all the mischief they can , and therefore he is for dealing with them as with children and mad men , that is , take away all weapons from them , by which they may do either themselves or others any mischief ; as the sheep who addrest to apollo , that for the future the wolves might have no teeth . his placing this in the plural , the courtiers , is too thin a screen to blind any man's eyes ; but 't is as plain as if it had been said in so many words , that all this is meant directly of the king ; for who is it we have been speaking of ? 't is the king , who is not to be trusted with an army , or with the arms of the kingdom ; 't is the king who must be the tyrant , and must raise money , and shut up the exchequer , and the like ; and he speaks here of nothing but what the king only can be supposed to do . in confutation of his th page , i could very plainly demonstrate , that even a slavery under a protestant army would differ very much from a slavery under a popish and french army . england has felt the first , and seen others feel the last : there is a difference in slavery , algiers is better than sally ; and there are degrees of misery ; and this is no putting an epethite upon tyranny , ask the protestants of languedoc if the french dragoons were not worse than the spanish inquisition : but this is foreign to the point , it does not appear to any considerate person , that here is any of these slaveries in view , and therefore , i thank god , we are not put to the choice . i shall leave him now , and discourse a little in particular of the thing it self , and what other pretensions he makes will meet their answer in the process of the story as they come in my way . as i said at the beginning , what 's all this to us ? we who are english men have the least reason of any people in the world , to complain of any of our laws , or of any publick affairs , because nothing is or can be done , but i , and every individual free holder in england , do it our selves , we consent to it , and tacitly do it by our representatives in the parliament ; and since then our liberties , aye and our lives are committed to them , who are you , sir ? that you shou'd run before you are sent , and dictate to the collective body of the nation , what they ought or ought not to do ? if the house of commons think fit to continue men , there is no doubt but they will find ways so to keep them at their dispose , that even that army shall be the preserver of our liberties , not the destroyer of them , and to them let us leave it . but 't is the king is the bugbear , a royal army shall destroy us , but a parliament army shall protect us . page . commonwealths , he says , may have armies , but kings may not . now if putting arms into the hands of servants is so fatal , why it 's as dangerous to make a general muster of the militia , as 't was to the french in the west-indies , to give their arms to their servants , a standing militia regulated and disciplin'd , such as the vaudois or miquelets , why that 's a standing army , and shall be as insolent as they , if you give them an opportunity , and a standing army , as they may be regulated , shall be as safe and as far from tyrannizing as they . and with this gentleman's leave , i believe i could form a proposal how an army of men might be kept in england , which should be so far from being destructive of , that , they should on all occasions be the preservers and protectors of the peoples liberties , in case of a court invasion , for that is the out-cry ; i confess , i do rather beg the question here , than produce my schemes of that nature , because i do not think it becomes me to dictate to my superiors , who without question , know better what to do in that great concern of the government , than i could direct . the question here may be more properly , what sort of an army we talk of ? if 't were an army independant of the people , to be paid by the king , and so entirely at his absolute dispose . if 't were to be an army of men , why then something may be said ; but our gentleman has not talk'd of above , and i presume he speaks of that without any authority too , and at the same time talks of the valour and performances of the militia , and wou'd have sixty thousand of them settled and regulated . this argument of the militia is strangely turn'd about by him ; sometimes they are such hero's that they are able to defend us , and why should they not , and the like , page , . and sometimes so weak that men will ruine us all ; nay , any thing of an army . if they are strong enough to defend us from all the world , a small number of standing troops cannot hurt us ; if they are not , then we must have an army , or be exposed to every invader . i wonder therefore this gentleman does not descend to show us a time when the militia of any country did any service singly , without the help of the regulated troops ; i can give him a great many instances when they did not . the best time that ever the militia of england can boast of doing any service , was in our civil war ; and yet i can name a gentleman , who is now alive , who was an officer of horse in the parliament army , he was posted by the general at a defile , to dispute the passage of some of the king's horse , who advanc'd from warrington-bridge in cheshire , finding himself prest , he sent away to the general for some foot to support him : he sent him a company of foot of the militia , and a detachment of dragoons ; the foot were plac'd behind the hedges to line the pass where they might have fir'd almost under covert , as behind a breast-work ; but as soon as ever the king's horse appear'd , without firing one shot , they run all away . these were regulated militia . but our author gives us three instances of countries , whose militia defend them ; and three more of the bravery of a country militia , which instances i must a little examine . poland , switzerland , and the grisons are his instances of nations who defend themselves against powerful neighbours without a standing army . as to poland , i shall shew afterward at what a rate they have defended themselves . the swiss and grisons subsist between formidable enemies , just as the duke of savoy defends himself between the french and the spaniards , or as hamburgh between the danes and the dukes of zel , or as geneva between the french and the saveyard ; not but that eithre side is able to devour them , but because when ever one side ataques them , the others defend them ; for 't is neither sides interest to see the others have them . but now we come to the militia , the london apprentices in the late war , and the vaudois and miquelets in this . as to the london auxiliaries , which they call apprentices , they behav'd themselves very well , but it was in conjunction with the regulated troops , when i must also say , the king's army at that time were but raw , and not much better than themselves . the vaudois are les enfans perdue , a people grown desperate by all the extremities which make cowards fight ; a small handful of ruin'd men , exasperated by the murder of their families , and loss of their estates , and are to be lookt upon as men metamorphised into dragons and furies ; and yet even the vaudois have never fought but on parties , skirmishes , surprizes , beating up quarters , and the like , back'd with retreats into inaccessible rocks , and skulking behind the cliffs , from whence , like lightning , they break out on the enemy , and are gone before they could well find where they were . the miquelets in catalonia are another instance , and these are but people , who by the advantages of the mountains , lye in wait to intercept convoys , and surprize parties , and have done the french exceeding dammage , on account of the distance of the french armies in that country from their magazines ; for 't is necessary to state matters very exactly , to debate with so cunning a disputant . but for the service of either the vaudois or miquelets in the open field , it has not been extraordinary . as to the militia in ireland , all their fame is owing to the despicable wretched conduct of the irish ; for what army but that of a rabble of irish , could iniskilling and london-derry have stood out against , at the rate they did . so that these wonders of the militia are all phantosms , and not applicable to the present case at all . i shall a little urge here by way of reply , that there seems to be a necessity upon the people of england at this time , to stand in a posture of defence more than usually ; if i cannot prove this , then i say nothing first , this necessity arises from the posture of our neighbours : in former times , says our authour , there was no difference betweon the citizen , the souldier , and the husband-man ; but 't is otherwise now , sir , war is become a science , and arms an employment , and all our neighbours keep standing forces , troops of veteran experienced soldiers ; and we must be strangely expos'd if we do not . in former times the way of fighting was common to all , and if men ran from the field to the camp , so did their neighbours , and 't was as good for one as another . but how did the romans preserve their frontiers , and plant their colonies ? that was not done by citizens of rome , but by legionary troops ; and shall we disarm , while our neighbours keep standing armies of disciplin'd souldiers on foot ? who shall secure us against a sudden rupture ? whoever will give himself the trouble to look into the treaties of westphalia and nimeguen and to examine the conduct of the french king they will find , he did not then account leagues such sacred things as to bind him against a visible advantage ; and why should we lead him into temptation ? let any one but reflect on the several treaties between him and the duke of lorrain , the duke of savoy , and the spaniards ; after which ensued , the prize of all lorrain , the taking of all savoy , and the taking of the city and country of luxemburgh ; let them look on his surprising the principality of orange , directly contrary to the peace of nimeguen , and the like , and is this a neighbour to live by naked and without an army ? who shall be guarrantee that the french shall not insult us , if he finds us utterly disarmed . to answer this necessity says this wise gentleman , we will have an equivalent ; why , we will not have a land army , but we will have a sea army , that is , a good fleet. a fine tale truly , and is not this some of mr. iohnson's false heraldry , as well as ' tother ? is it not all one to be slaves to an army of masqueteers , as a rabble of tarrs . our very scituation , which the author is in his altitudes about , and blesses his god neptune for at such a rate ; that very scituation exposes us to more tyranny from a navy , than from an army : nay i would undertake , if i were admiral of a good fleet , to tyrannize more over this nation , than i should if i were general of men. i remember 't was a great cry among the iacobite party , about four year ago ; what a vast charge are we at about a war for the confederates , damn the confederates , let us keep a good fleet , and we are able to defend our selves against all the world ; let who will go down , and who will go up , no body will dare to meddle with us : but god be thanked , the king knew better than these , what was the true interest of england ; a war in flanders is a war in england , let who will be the invaders ; for a good barrier between a kingdom and a powerful enemy , is a thing of such consequence , that the dutch always thought it well worth the charges of a war to assist the spaniard ; for thereby they kept the war from their own borders and so do we . in defending this silly equivalent of a fleet , he has the vanity to say , if our fleet be well mann'd , 't is a ridiculous thing to think of any princes invading us ; and yet we found it otherwise . this very war we found king iames invaded ireland , and the french sent him an aid of men , who stood their ground so well at the battle of the boyn , that if king iames had done his part as well , it might have been a dearer victory than is was ; after this he fetch'd those off again ; and after that sent monsieur st. ruth ; and after that a relief to limerick , tho' it came too late ; and all this notwithstanding we had the greatest fleet at sea , that ever england had before th● time , since it was a nation . thus experience bafles this foolish equivalent , for armies are not transported with so much difficulty ; and the six hundred sail the p. of orange brought with him , had not been absolutely necessary for men ; but there were vast stores , artillery , arms , and heavy baggage with them , which are not always necessary ; for we know monsieur pointy carried men with him , on his expedition to cartagena in but ships ; and the men before-mentioned , sent to ireland , were carried in not above or sail. another wretched equivalent , which this author would have us trust to , is the militia ; and these he magnifies , as sufficient to defend us against all the enemies in the world ; and yet at the same time so debases them , as to make them nothing in comparison of a small army : nay , he owns , that notwithstanding these we are undone , and our liberties destroyed , if the king be trusted but with a few guards . this is such a piece of logick as no man can understand . if a militia be regulated and disciplin'd , i say they may enslave us as well as an army ; and if not , they cannot be able to defend us ; if they are unable to defend us , they are insignificant ; and if able , dangerous ; but , says the author , there is no danger from the militia , for they are our selves , and their officers are country gentlemen of estates : and is not our army full of english gentlemen , of estates and fortunes ; and have we not found them as inflexible to the charms of tyranny , when closetted in the late reign ; and as true to the protestant interest and liberties of england , as any country gentlemen , or freeholders , or citizens in england . did they not lay down their commissions , did they not venture to disobey his illegal commands ? when the cowardly citizens address'd him with their nauseous flattering , fulsome harrangues ; thank'd him for their bondage , and gave up their charters and priviledges , even before he ask'd for them ; these are the persons that must guard our liberties ; and they would be finely guarded , god help us . i remember a speech which i have to show in manuscript of sir walter rawleigh , on the subject of the spanish invasion , which comes directly to this case . the author of this pamphlet , to instance in the prodigious navy that is necessary to bring over a small army , tells us , the spanish armado embark'd but men , but he forgot that they were to take the prince of parma on board from flanders with old low country soldiers more ▪ with which army , as sir walter rawleigh observ'd to that gentleman , it was no improbable thing to think of conquering this kingdom ; and queen elizabeth was so sensible of it , that she often told sir walter , that if they had not been beaten at sea , they had been all undone , for her armies were all tumultuary troops , militia , and the like . to proceed , i 'll grant all the improbabilities which he suggests of the french king 's reviving a war , which has been so fatal to him : and as to king iames coming , truly i 'll allow the militia are fittest at all times to deal with him ; but to use his own method of supposing the worst , i 'll suppose the french king waving the ceremony of a league , and a declaration of war , when he has recovered breath a little , shou'd as much on a sudden as can be , break with us single , and pour in an army of men upon us ; i 'll suppose our fleet may be by accident so lockt in , as king iames's was , for what has been may be , and they take that opportunity , and get on shore , and to oppose their army , truly we raise the militia , a fine shew they wou'd make , but what wou'd they do against batalions of french and swiss infantry ? wou'd this gentleman venture to be hang'd if they run all away and did not fire a gun at them ? i am sure i wou'd not . but on the other hand , if the militia are a sufficient guard against a foreign power , so they are against a home power , especially since this home power may be kept down to a due ballance , so as may but suffice to keep us from being insulted by a foreign enemy ; for instance , suppose the king were to entertain in constant pay , men , including his guards and garrisons , the militia of england regulated and disciplin'd , join'd to these , might do somewhat , but by themselves nothing . i can give him innumerable instances of the services of the militia , but i never heard or read of any real bravery from them , but when join'd with regular troops . to instance once for all , 't is notorious that when the prince of conde attackt the citizens of paris at charento● , that populous city being all in an uproar , sent a detachment of men to dislodge the prince , who with horse and dragoons , drove them all away , and they never lookt behind them , till they got within the city walls . another necessity for keeping up a certain number of troops , is the vast expence and difficulty of making a new-rais'd army fit for service ; i am bold to say , as the nature of fighting is now chang'd , and the art of war improv'd , were the king now to raise a new army , and to be commanded by new officers , gentlemen who had seen no service , it should cost him three years time , and mens lives to bring them into a capacity to face an enemy . fighting is not like what it has been ; i find our author is but a book soldier , for he says , men may learn to be engineers out of a book ; but i never heard that a book gunner could bombard a town ; the philosophy of it may be demonstrated in scales and diagrams , but 't is the practice that produces the experiments ; 't is not handling a musket , and knowing the words of command , will raise a man's spirit , and teach him to storm a counterscarp ; men must make the terrors of the war familiar to them by custom , before they can be brought to those degrees of gallantry . not that there is an intrinsick value in a red coat ; and yet the argument is not at all enforced by the foul language he gives the souldiers , while they are fighting in flanders , and laying down their lives in the face of the enemy to purchase our liberty ; 't is hard and unkind to be treated by a rascally pamphleteer with the scandalous term of ragamuffins , and hen-roost robbers . i am no soldier , nor ever was , but i am sensible we enjoy the present liberty , the king his crown , and the nation their peace , bought with the price of the blood of these ragamuffins , as he calls them , and i am for being civil to them at least . i might descend a little to examine what a strange country england would be , when quite dismantled of all her heroes ( as he calls them ) ; truly were i but a pirate with a thousand men , i wou'd engage to keep the coast in a constant alarm . we must never pretend to bear any reputation in the world : no nation would value our friendship , or fear to affront us . not our trade abroad would be secure , nor our trade at home . our peace , which we see now establish'd on a good foundation , what has procur'd it ? a war , and the valour of our arms , speaking of second causes . and what will preserve it ? truly nothing but the reputation of the same force ; and if that be sunk , how long will it continue ? take away the cause , and our peace , which is the effect , will certainly follow . let me now a little examine the history of nations who have run the same risque this gentleman would have us do , and not to go back to remote stories of the carthaginians , who the romans could never vanquish till they got them to dismiss their auxiliary troops . the citizens of constantinople , who always deny'd their emperor the assistance of an army , were presently ruin'd by the turks . we will come nearer home : the emperor ferdinand ii. over-run the whole protestant part of germany , and was at the point of dissolving the very constitution of their government , and all for what of their having a competent force on foot to defend themselves ; and if they had not been deliver'd by the great gustavus adolphus , god almighty must have wrought a miracle to have sav'd them next look into poland , which our author reckons to be one of the free countries who defend themselves without a standing army . first he must understand , for i perceive he knows little of the matter , that poland has not defended it self ; or if it has , it has been at a very sorry rate , god knows , much such a one as we should do without an army , or at much such a rate as we did of old , when the picts and scots were our hostile neighbours . pray let us see how poland , which enjoys its freedom without a standing army , has defended it self : first , it has been ravag'd on the side of lithuania by the effeminate muscovites , and tho' the poles always beat them in the field , yet they had devoured their country first before the polanders militia could get together . on the other hand , the tartars , in several volant excursions , have over-run all vpper poland , vkrania and volhinia , even to the gates of crakow ; and in about fifty years 't is allow'd they have carried away a million of this wretchedly free people into slavery , so that all asia was full of polish slaves . on the east side carolus gustavus , king of sweden , over-run the whole kingdom , took warsaw , crackow , and beat king casimir out of the country into silesia , and all in one campaign , and only indeed for want of a force ready to meet him upon the frontiers ; for as soon as casimir had time to recover himself , and collect an army , he lookt him in the face , and with an invinsible resolution fought him wherever he met him : but the ruin of the country was irrepairable in an age. to come nearer home , and nearer to the matter in hand , our neighbours the dutch , in the minority of the present king , and under the manage of barnavelt's principles reviv'd in the persons of the de witts , to preserve their liberties , as they pretended , they would suppress the power of the house of orange , and disband their old army which had establish't their freedom by the terror of their arms ; and to secure themselves , they came to a regulated militia , the very thing this gentleman talks of : nay , this militia had the face of an army , and were entertain'd in pay ; but the commissions were given to the sons of the principal burghers , and the towns had governors from among themselves . this is just what our gentleman wou'd have ; and what came of this ? these brave troops were plac'd in garrisons in the frontier towns : and in the year . the french king , this very individual french king now regnant , during the continuance of the sacred peace of westphalia , enters the country at the head of two dreadful armies , and these soldiers , that were the bulwark of the peoples liberties , surrendred the most impregnable towns , garrison'd some with , some men , nay some with , without striking a stroke , nay faster than the french cou'd well take possession of them ; so that in about forty days he had taken strong towns , which would cost him seven years to take now , tho' no army were in the field to disturb him ; and then the people saw their error , and gave themselves the satisfaction of tearing to pieces the authors of that pernicious advice . and truly , i think these instances are so lively , that i wonder our author , who i perceive is not so ignorant , as not to know these things , shou'd not have provided some answer to it , for he could not but expect it in any reply to him . these things may a little tell us what is the effects of a nations being disarm'd while their neighbours are in arms , and all this must be answer'd with a fleet ; and that may be answer'd with this , we may be invaded notwithstanding a fleet , unless you can keep up such a fleet as can command the seas in all parts at the same time , or can , as queen elizabeth did , forbid your neighbours to build ships . but the french king is none of those , and his power at sea is not be slighted : nor is it so small , but it may with too much ease protect an invasion , and it is not safe to put it to that hazard . another necessity of an army seems to me to lye among our ●●●●es : there are accidents which require the help of an army , tho' the king and people were all of a mind , and all of a side . king iames and his parliament had a full understanding , and they were as vigorous for him , as ever parliament was for a king , and yet what had become of both if he had not had regular troops to have resisted the duke of monmouth ? if they had been to be raised then , he must have gone to france then , as he did now , or have stay'd at home and have far'd worse ; for they wou'd hardly have us'd him so tenderly as the present king did to my knowledge . i am loth to mention the iacobite party as an argument worth while , to maintain any thing of force , but just enough to prevent assassinations and private murthers on the king's person ; for as they never dar'd look him in the face when powerfully assisted by the french ; so i dare say they will never have the courage to disturb our peace with sword in hand ; what they do , will be by caballing to foment distrusts and discontents to embroil , if possible , the king with his people or by private villainous assassinates to destroy him , and by that means to involve the whole nation in blood and disorder . i allow the speech of queen elizabeth to the duke d'alanzon was very great and brave in her ; but pray had queen elizabeth no standing army ? on the contrary , she was never without them ; she never had less in the low countreys , in aid of the dutch , in france in aid of the king of navar , and in her wars in ireland , than men ; and all the difference was , that she kept them abroad , employ'd for the assistance of her neighbours , and had them absolutely at command ; and so sensible she was of the want of them on the approach of the spanish armado , that she never lest her self so bare of them afterwards : and therefore to compare her enemies and ours , and her force with ours , without an army , as he does p. . is a deceptio visus upon our understanding , and a presumption that no body has read any history but himself . then we come to k. charles the second's time in p. . and then , he says , we thought a much less army than is now contended for a grievance . to which i answer , quatenus an army , they were not thought a grievance , but attended with the circumstances of popish confederacies and leagues , and a popish successor in view , and then visibly managing them they might be thought so ; and yet the grand iury presenting them , made them no more a grievance than if they had presented the parliament which granted an establisht number of troops to king charles . another bold assertion he makes p. . that a standing army is the only way to bring in k. james . this is a strange preposterous supposition , and has no argument brought to prove it , but the uncertain capricious humour of the souldiery , who in all ages have produc'd violent revolutions , may bring it to pass ; that is in short , the thing is possible , and that is all he can say ; and 't is every jot as possible , that k. william himself should change his mind , abdicate the throne , and call in k. james again , therefore pray let us have no king at all , for really when all is done these kings are strange things , and have occasion'd more violent revolutions in the world than ever have been known in unarm'd governments . besides , if we had no king , then a standing army might be safe enough ; for he tells you , in commonwealths they may be allow'd , p. . but in monarchies they are the devil and all : nay he gives two instances when we had armies turn'd out their masters , oliver cromwel and general monk , and yet both these were in the time of a commonwealth . now i would know if ever an army turn'd out their king ; as for k iames , his instance is false , he really run away from his army , his army did not turn him out ; 't is true , part of it deserted : but i am bold to say , had k. iames , with the remainder , made good his retreat , souldier like , either to london , or under the canon of portsmouth , or to both , which he might ha' done , for no body pursued him , till the french king had reliev'd him , it might have been a civil war to this hour . and thus i have followed him to his last page , i think i have not omitted any of his material arguments or examples ; whether he is answered or not , in point of argument , i leave to the reader : what i have discovered in his sophistical straining of arguments , and misapplying his quotations to gild by his wit the want of his proof , is what i thought needful ; his malicious spirit every where discovers it self , and to me he seems to be a disconted unsatisfied sort of a person , that is for any thing but what shou'd be , and borrows the pretence of liberty , to vent his malice at the government : nor is it a new invention , when ever any person had a mind to disturb the roman government , liberty was always the word , and so it is now . conclusion . i shall say no more as to argument , but desire the favour of a word in general , as to the present controversy . to me it seems one of the most impudent actions that ever was suffered in this age , that a private person shou'd thus attack the king , after all that he has done for the preservation of our liberties and the establishing our peace , after all the hazards of his person and family , and the fatiegues of a bloody war , to be represented at his return , as a person now as much to be feared as king james was ; to be trusted no more than a mad man , and the like , before he so much as knows whether there shall ever be any dispute about the matter , or no. has the king demanded a standing army ? has he propos'd it ? does he insist upon it ? how if no such thought be in him ? 't is a sign what a government we live under , and 't is a sign what spirit governs some men , who will abuse the most indulgent goodness . it had been but time to have wrote such an invective upon the king and the army , when we had found the parliament of england strugling to disband them , and the king resolute to maintain them : but this ! when the king and the house are all union and harmony ! 't is intollerable , and the king ought to have some satisfaction made him , and i doubt not but he will. i am not , nor , i think , i have no where shown as if i were for the government by an army ; but i cannot but suppose , with submission to the house of commons , that they will find it necessary to keep us in a posture of defence sufficient to maintain that peace which has cast so much blood and treasure to procure , and i leave the method to them , and so i think this author ought to have done . i do not question but in that great assembly all things will be done for the maintenance of our liberty with a due respect to the honour and safety of his majesty , that is possible : they have shown themselves the most steady and zealous for his interest and the publick , of any body that ever filled that house ; and i could never see , and yet i have not been a slight observer of affairs neither . i say , i could never see the least symptom of an inclination in the king's actions , to dislike or contradict what they offered : has he not left them to be the entire judges of their own grievances , and freely left them to be as entire judges of the remedies ? has he ever skreened a malefactor from their justice , or a favourite from their displeasure ? has he ever infring'd their priviledges ? and as to who shall come after , we have his royal declaration at his coming to these kingdoms ; that his design was to establish our liberties on such foundations , as that it might not be in the power of any prince for the future to invade them , and he has never yet attempted to break it ; and how is this to be done ? not at the direction of a pamphlet , but by the king , lords and commons , who have not taken a false step yet in the matter ; to them let it be left , and if they agree , be it with an army , or without an army ; be it by a militia regulated , or by an army regulated , what is that to him ? i have indeed heard much of a militia regulated into an army , and truly i doubt not , but an army might be regulated into a militia , with safety and honour to the king , and the peoples liberties . but as i have said , i leave that to the government to determine , and conclude with only this observation ; if ever the gentleman who is the author of this pamphlet be trac'd , i verily believe he will appear to be one , who thinking he has deserv'd more respect from the government than he has found , has taken this way to let them know , they ought to have us'd him better or us'd him worse . finis . the matchless rogue, or, a brief account of the life of don thomazo, the unfortunate son together with the just commendations of the gentlemans ingenious answer to malice defeated, intituled, some reflections on madam cellier's case : with due respect to the honourable title of captain, which himself says he is worthy of. cellier, elizabeth, fl. . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing m wing c estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : or : ) the matchless rogue, or, a brief account of the life of don thomazo, the unfortunate son together with the just commendations of the gentlemans ingenious answer to malice defeated, intituled, some reflections on madam cellier's case : with due respect to the honourable title of captain, which himself says he is worthy of. cellier, elizabeth, fl. . [ ], p. printed for elizabeth cellier ..., london : . attributed to elizabeth cellier. cf. wing ( nd ed.). imperfect: item at reel : lacks all except p. [ ], - . reproduction of originals in chetham's library and union theological seminary library, new york. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng cellier, elizabeth, fl. . -- malice defeated. great britain -- politics and government -- - . - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - tcp staff (michigan) sampled and proofread - tcp staff (michigan) text and markup reviewed and edited - pfs batch review (qc) and xml conversion the matchless rogue ; or , a brief account of the life of don thomazo the unfortunate son . together with the just commendations of the gentlemans ingenious answer to malice defeated ; intituled , some reflections on madam cellier's case . with due respect to the honourable title of captain , which himself says he is worthy of . prov. . as snow in summer , and rain in harvest , so honour is not seemly for a fool . a whip for a horse , a bridle for an ass , and a rod for a fools back . answer a fool according to his folly , least he become wise in his own conceit . london , printed for elizabeth cellier , and are to be sold at her house in arundel street , near st. clement's church , . the matchless rogue , &c. having perus'd that most elaborate-piece which marches abroad under tie title of an answer to malice defeated , or some reflections on madam cellier's case ; i could not but wonder how so much wit and ingenuity , accompanied with so clear a demonstration of the fallacies of my book , could be crouded into so narrow a compass as one side of half a sheet of small paper , like homer's illiads in a nut-shell ; and how one single person could be so strangely inspir'd as to be the author of it : for it seem'd to me as if all the wits of the town had clubb'd their ingenuity towards the writing thereof ; and several reflections and imaginations crept into my head about it . sometimes i was apt to think its author's name must needs be legion ; or at least that some gentleman of at least names , must be the pen-man ; for marcus tullius cicero was a great orator . then i remembred how the famous doctor wholly refuted the cardinal , and rescinded all his arguments in these three words , bellarmine thon ly●st ; and began to think that the opinion of pythagoras touching the transmigration of souls , was true ; and that the spirit of that great refuter had only shifted places , and was transmigrated into you. but considering the good manners and civility with which you treat the whole female sex at once , by joyning them with those you call the popes damnable and malitious imps , and saying , they are as great a torment to england , as hell it self is to them ; and remembring withall , the names and titles which you have appropriated to your self , and the marks wherewith you are adorn'd or rather stigmatiz'd , and the civil education which you have had in the several universities wherein you have study'd under severe tutors ; then i concluded none but your self , or some person of your civil education , could let flie this answer into the world : and the rather , because you say capt. thomas dangerfield is worthy of that title , wherein i fully concur with you ; for it is a maxim in the ethnicks , that fortitude consists more in suffering than acting ; and you having had so many , and so frequent occasions to exercise that kind of valour , as appears by the many records of your worth : and there being a commission vacant by the death of capt. spurn-cow your brother , i freely bestow it upon you , as him that has the best title to it : for though i found no records of your horse-stealing , yet i have been fully inform'd how you rid away with mr. briknel the lieve-guard man's horse , depositing conuterfeit guineys for him , making him thereby such a guiney-merchant , that he very narrowly escap'd hanging , to his great charge and trouble . go on therefore ( noble captain , ) and inherit the virtues as well as the title of your predecessor ; and it is not impossible but you may be a lord in due time , as it appears he was both in france and spain , &c. and if the critical or envious should reproach your pamphlet with nonsense , and meer railing ; and say it is no answer at all to any matter in the book , rejoyn with them again , and tell them likewise boldly they lie , which will be so great a vindication of your ingenuity , that you shall not need to use any other arguments to confute them ; and at the worst , [ if the world will not allow your due praise , put your answer into your pocket , and tell them the story of the unskilful painter , who bringing home ( to a person that bespoke it , ) a picture very ill drawn ; and the gentleman refusing to give him his price for it because it lookt so ill favouredly , and was nothing like him : the painter reply'd , he would carry it back again , and add something to it , and doubted not but to sell it at a good price for a baboon . but if this will not satisfie those unreasonable criticks , but that they should tell you they have heard most things in the book affirm'd to be true , by persons of great integrity ; and that much more than is there incerted , is already deposed upon oath , and that i have the depositions , and daily pray that my witnesses may be heard , upon the hazard of my life , if i do not prove more than i have incerted , by many witnesses of unspotted reputation . and if capt. richardson ( our old landlord ) say the articles you gave me , were lies of your writing ; tell him the father of lies once told truth ; and also , that i do not give so much credit to you , as to depend upon the articles , having more then enough to do his business without them : tell him i am well inform'd of his affairs , and know who it was he last carryed out at midnight , and sold for a slave to virginia ; tell him also i know a person of generous extraction , and unspotted reputation , whom he loaded with a pair of shears about a yard long , and l. in weight , and kept him confin'd , and in irons several months , tho the warrant of his commitment gave him no authority to do so tell him withall , that in malice defeated , and else-where , i have both writt and spoke more good of him than he hath prov'd true , but not the tenth part of the evil that will certainly be prov'd at his tryal . and tell him i am not affraid of the statute of scandalum magnatum ; but if any person be offended at what i have written , or hereafter shall write , i am ready to go to tryal with them , and to justifie the truth thereof . and now noble captain , as you inherit the title and virtues of your famous predecessor , may you also inherit his fortune , and the wealthy dowager he has left behind , and make as quiet and honourable an exit , as he did , ( with both your hands on , ) before you be tryed for striking in court. finis . a political catechism, or, certain questions concerning the government of this land, answered in his majesties own words, taken out of his answer to the propositions, pag. , , , . of the first edition; with some brief observations thereupon. published for the more compleat setling of consciences; particularly of those that have made the late protestation, to maintain the power and priviledges of parliament, when they shall herein see the kings owne interpretation what that power and priviledges are. it is this twentieth day of may, an. dom. . ordered by the committee of the house of commons in parliament concerning printing, that this booke entituled, a politicall catechism, be printed. iohn white. parker, henry, - . this text is an enriched version of the tcp digital transcription a of text in the english short title catalog (thomason e _ a). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing p a thomason e _ a this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ a]) a political catechism, or, certain questions concerning the government of this land, answered in his majesties own words, taken out of his answer to the propositions, pag. , , , . of the first edition; with some brief observations thereupon. published for the more compleat setling of consciences; particularly of those that have made the late protestation, to maintain the power and priviledges of parliament, when they shall herein see the kings owne interpretation what that power and priviledges are. it is this twentieth day of may, an. dom. . ordered by the committee of the house of commons in parliament concerning printing, that this booke entituled, a politicall catechism, be printed. iohn white. parker, henry, - . charles i, king of england, - . england and wales. sovereign ( - : charles i) england and wales. parliament. [ ], p. printed for samuel gellibrand, at the brazen serpent in pauls church-yard, london : . two editions are filmed consecutively, both labeled e. [ ]. the first is wing p a, and has an ornamental border enclosing title. the second is wing p , which does not have a border. in this edition, line fifteen of title reads: "herein see the kings owne interpreta-"; title enclosed within an ornamental border. by henry parker -- cf. wing. reproduction of the original in the british library. eng england and wales. -- parliament -- early works to . england and wales. -- sovereign ( - : charles i). -- his maiesties answer to the xix propositions of both houses of parliament. royal supremacy (church of england) -- early works to . great britain -- politics and government -- - -- early works to . a (thomason e _ a). civilwar no a political catechism, or, certain questions concerning the government of this land,: answered in his majesties own words, taken out of his parker, henry d the rate of defects per , words puts this text in the d category of texts with between and defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - elspeth healey sampled and proofread - elspeth healey text and markup reviewed and edited - pfs batch review (qc) and xml conversion a political catechism , or , certain questions concerning the government of this land , answered in his majesties own words , taken out of his answer to the propositions , pag. , , , . of the first edition ; with some brief observations thereupon . published for the more compleat setling of consciences ; particularly of those that have made the late protestation , to maintain the power and priviledges of parliament , when they shall herein see the kings owne interpretation what that power and priviledges are . we can do nothing against the truth , but for the truth . cor. . . it is this twentieth day of may , an. dom. . ordered by the committee of the house of commons-in parliament concerning printing , that this booke entituled , a politicall catechism , be printed . iohn white . london printed for samuel gellibrand , at the brazen serpent in pauls church-yard , . a politicall catechism , serving to instruct those that have made the protestation concerning the power and priviledges of parliament ; taken out of his majesties answer to the propositions . question . how many simple kinds are there of civill government of states , and common-wealths ? answer . there are three kinds of government among men ; absolute monarchy , aristocracy , and democracy , page , . qu. . are there any of these simple formes perfect ? ans. all these have their particular conveniences and inconveniences , page . observ. experience hath taught men everywhere to acknowledge this , and accordingly there never was long ( if at all ) continued any of these forms exactly simple ; though some have more seemed such then others . also in all mixtures there is commonly some one of these forms more conspicuous then the rest , from whence such a particular government hath its denomination . q. . is the state of england governed by any one of these kinds simply ? a. the experience and wisdom of your ancestors hath . moulded this [ government ] out of a mixture of these . page , q. what kind of government then is that of the state of england ? a. regulated monarchy . page . observ. . if this government be a mixture of all these , and a regulated monarchy ; then it is a fond thing with us to talk of an absolute monarchy , and what an absolute monarch is , or may doe . and it is only the language of flattery that holds such discourses . it need not be counted a solecisme ( as some would perswade us ) to speak of free subjects in a monarchy , such a monarchy as ours is . if this government be a mixture of all three , then the house of commons , the representative body of the people , must needs be allowed a share in government ( some at least ) which yet is denyed , page . if this government be a mixture , then is not the government according to these lawes , solely trusted to the king , as seems to be affirmed page . if the government be regulated , why do men tell us that the king is above all law ? for it is by lawes that he is regulated . if the king bee regulated by the law , then is the king accountable to the law , and not to god only , as men would make us beleeve . if the monarchy or regall authority it selfe bee regulated , then whatsoever is done by the king , undeniably without and beyond the limits of that regulation , is not regall authority . and therefore . to resist the notorious transgressions of that regulation , is no resisting of regall authority . and it is so farre from being a resisting of the ordinance of god , that it is not so much as resisting the ordinance of man . q . by whom was this government framed in this sort ? or who is to be accounted the immediate efficient of the constitution thereof ? a. the experience and wisdom of your ancestors hath so moulded this , page . observ. . if our ancestors were the moulders of this government , then the king hath not his power , solely , or immediately , by divine right . much lesse hath he his power or authority by right of conquest . but the immediate originall of it was from the people . and if so , then — in questioned cases , the king is to produce his grant ( for he hath no more then what was granted ) and not the people to shew a reservation ; for all is presumed to be reserved , which cannot be proved to be granted away . q. is this regulated and mixt monarchy , as good as an absolute monarchy , or better , or worse ? a. this excellent constitution of this kingdom , ( the ancient , equall , happy , well-poysed , and never enough commended constitution of the government of this kingdom . page . ) hath made this nation so many years both famous and happy , and to a great degree of envy . page . q. how comes it to passe that this constitution is so excellent . a. the experience and wisdom of your ancestors hath so moulded this , out of a mixture of these , as to give to this kingdom ( as farre as humane prudence can provide ) the conveniences of all three , without the inconvenience of any one p. observ. . then those that would place in the king , an absolute and abitrary power to do what he list , are destructive to the nations happinesse , and enemies to the kingdom . . if this mixture cause this happinesse , then it is not the greatnesse of the kings power over his people , but the restraint of that power that hath made this kingdom famous and happy ; for other kings have power as large , but not so much restrained ; which largenesse of their power hath raised those kings indeed , ( but not their kingdoms ) to a great degree of envy . . hence we discern , that it is possible for kings to envy their peoples happinesse , because the largenesse of the peoples happinesse depends much upon the restraint of the kings exorbitant power . . if this mixture and well-poised constitution have raised this kingdom to so great a degree of envy , no marvell if iesuiticall councells be active to overthrow this happy constitution . q. what is the conveniency or good of monarchy ? a. the vniting of a nation under one head , to resist invasion from abroad , and insurrection at home . page . obs. . what pernicious councellours are they then to a monarch that advise him to bring in from abroad german horse , or an irish army , or a fleet of danes to invade this kingdom ; or to imploy dunkeirk ships to seaze upon his merchants , which is so formally contrary to the proper good or end of monarchy it self ? . or are they better or worse that advise him to authorize , or even permit any in his name to plunder , rob , spoil ▪ imprison any of his subjects , whom they have found peaceably in their houses , or at work in the fields , and have not disobeyed any legall command of his ? q. what is the ill of absolute monarchy ? or the inconvenience to which it is lyable ? a. the ill of absolute monarchy , is tyranny . page . obs. . therefore the more absolute a monarch is , the more prone to be a tyrant . . therfore also it is safer to restrain the king of some power to do us good then to grant him too much opportunity to do us hurt ; and the danger is greater to the people in englarging the kings power , then in restraining it somewhat . q. what is the good or conveniency of aristocracy ? a. the good of aristocracy is the coniunction of councells in the ablest persons of a state for publike benefit . page obs. ● . then surely it is for the publike benefit of the state , that this conjunction of councells in parliament should be made use of more then once in thirteen or fourteen years ; and the law for a trienniall parliament ( if there were not others before for the holding of a parliament yearly ) was a most necessary law , as also that it should not be dissolved for fifty dayes . . it was not then intended in the constitution of this government , that the king in the greatest matters of importance for publike benefit , should only hear what they say , and then follow it or reject it meerly at his owne pleasure ; for this may be as well done in an absolute monarchy . . neither is it agreeable to the constitution of this kingdom , to withdraw the king from affording his presence to his great councell of state , that so the private counsels of private men may be preferred before those whom the law and the constitution of the kingdom ▪ counts the ablest to iudge of publike benefit . q. what is the ill of aristocracy , or the inconvenience to which it is lyable ? a. the ill of aristocracy is faction and division . page . . obs. what shall we say then to those private councellors that have abused the king , by perswading him first to withdraw himself from his parliament , and then to call away the members of both houses , when yet without the consent of both houses this parliament cannot be adjourned to another place , much lesse dissolved ? yet if all would have come away at call , had it not been dissolved for want of legall numbers remaining ? and what greater faction or division can there be , then such as divide between king and parliament , and between the house and their members ? are not they most pernicious instruments , that make monarchie it self , ( whose end is to unite as was said before ) thus far guilty of faction and division ? q. what is the good , or convenience of democracy ? a. the good of democracy is liberty , and the courage and industry which liberty begets page . obs. . then the more liberties are encroached upon , the more the people will be rendred cowardly and poor , as may be plain enough seen by comparing the valour and riches of this nation in q. elizabeths dayes , with what hath been of late dayes . . the king himself , when once his subjects by having lost their liberties shall lose withall their courages , will prove the greatest looser ; for then his kingdom will be an easie prey to any forrain invader , or even to a home-bred usurper , that could gather any sudden strength , and would promise more libertie . q. what is the ill of democracy , or the inoonvenience to which it is lyable ? a. the ills of democracy are tumults , violence , and licentiousnesse . page . obs. if these be the evils for which the peoples liberty ought to be restrained by the mixture in this government , then the restraint of the liberty should be measured according to the exigency of these evils , and so much liberty need onely be restrained as is sufficient for the prevention of these evils . q. what is the mixture of this kingdom , which gives it the conveniences of all the three forementioned kinds of government , without the inconveniences of any one . a. in this kingdom the lawes are ioyntly made by a king , by a house of peeres , and by a house of commons chosen by the people : all having free votes , and particular priviledges . page . obs. . whereas there hath been great question made by many what is meant by the power and priviledges of parliament , mentioned in the protestation , which hath been so generally made thorowout the kingdom ? there is no reason to doubt but those things which the king grants afterward , to be the particular priviledge of each house , and of both , are their certain priviledges according to law , and the constitution of the kingdom ; and to the maintaining of them every one that hath made the protestation is most strictly bound , without peradventure or shift . . that the priviledges which the king challenges to himself , are to be yeelded to , onely so far forth as they are consistent with the acknowledged priviledges of the two houses ; because the monarchy being acknowledged to be a regulated monarchy , and the government mixt of aristocracy and democracy , as well a monarchy ; it is the priviledges of the two houses of parliament that makes the mixture , and so they must regulate and interpret the priviledges of the king , and not the priviledges of the king regulate or interpret theirs , save onely to the maintaining still the regall dignitie , and the succession according to laws . q. what priviledges doth the king chalenge to himself ? a. the government according to these lawes is trusted to the king : power of treaties of warre and peace , of making peeres , of choosing officers , and councellors for state iudges for law , commanders for forts and castles ; giving commissions for raising men to make warre abroad , or to preuent or prouide against inuasions and insurr●ctions at home ▪ benefit of confiscations , power of pardouing , and some other of like kind are placed in the king . page . obs. . that all these are ordinarily in the king , experience and custom teaches , even those that know not the law by reading ; but by what hath been noted before , and follows after , it is to be understood only so , as not to prejudice the priviledges of the houses of parliament , specially in cases of necessitie , ( of which hereafter . ) also — . it is acknowledged here , that the government , trusted , is to be according to the lawes , and so all these things are not absolutely in the king ; as for instance , pardons , the law denies power of pardoning wilfull murther ; and benefit of some confiscations belongs to some private lords of mannours . . if government onely according to law be trusted to the king then to resist notorious illegall violences is not to resist the kings authority . q. for what end is this authority trusted to the king , and placed in him ? a. for our subiects sake these rights are vested in us p the prince may not make use of this high and perpetuall power to the hurt of those for whose good he hath it . page . . obs. . then the good of the subjects is ever to be preferred before the monarchiall greatnesse of the king ( the end is ever more considerable then the means ) salus populi is suprema lex . . whosoever counsels the king to any thing against the good of his subjects , is the kings enemy as well as the common-wealths , by attempting to turn him from that which is the end of his authoritie . q. to what purpose especially are the priviledges of the house of commons and the house of peeres ? a. that the prince may not make use of this high and perpetuall power to the hurt of those for whose good he hath it : and make use of the name of publike necessity for the gain of his priuate fauourites and followers &c. page . obs. . the law then supposes , that such cases may fall out , though it then charge the blame upon those favorites and followers , and not upon the king ( as we shall see by and by . ) . we need not wonder then why private favorites and followers are such enemies to parliaments and their priviledges , which are on purpose to hinder their gains : of which also more anon . . the two houses are by the law it seems , to be trusted , when they declare , that the power is made use of for the hurt of the people ; and the name of publike necessitie made use of for the gain of private favorites and followers , and the like . q what are the speciall priviledges of the house of commons towards this ? a. the house of comm●ns , an excellent conseruer of liberty — is solely intrusted with the first propositions concerning the leauies of moneys which is the sinnews as well of peace as of warre &c page obs. . it seems then the house of commons is presumed to be more carefull for the subjects liberties , then either the king , or the house of peers . . then it must needs be strange for any to conceive ( as the kings declarations would perswade ) that the house of commons would fight against and subvert the libertie and propriety of the subject , and the kings favorites and followers fight for them , and protect them . . then no moneys may be levyed , neither for peace nor warre , no not under pretence of publike necessity , ( as ship-money and monopolies were ) without the house of commons first propound and grant it . . if the house of commons be an excellent conserver of libertie , it must needs have some power in some cases to levie mony even without the kings consent ; or else it will be utterly unpossible to conserve libertie at all . of which likewise more anon . q. . but if the kings private favorites and followers have ●ctually perswaded him to any thing against the laws and liberties of the subject with what further power and priviledge is the house of commons intrusted toward the conserving of liberty ? a. with the impeaching of those ▪ who for their own ends though countenanced by any surreptitiously-gotten command of the king , haue violated that law , which he is bound ( when he knowes it ) to protect ; and to the protection of which they were bound to aduise him , at least not to serue him in the contrary . page . obs. . then it is no excuse to any that violate the laws , that they serve the king in it . . the law counts all commands from the king , which are any way contrary to the law , surreptitiously-gotten . . then the parliament speaks according to the law , when they constantly lay the blame of all violations upon the kings favorites and followers , and their getting surreptitiously commands from him , and not upon the king himself . . no command of the king is to hinder the commons from impreaching such as have violated the law . . the king is bound not to protect any of his followers and favorites against the commons impeachment of them ; because he knows and affirms , that he is bound to protect the laws , and that this is the law , that the commons are to impeach such . qu. . what is the speciall priviledge of the house of peers in the former case of such favorites and followers of the kings as are impeached by the commons ? and so to decide all matters in questions between the king and the people . a. the lords being trusted with a iudicatory power are an excellent screen and bank between the prince and the people , to ass●st●nch against any encroachments of the other , and by iust iudgments to preserue that law which ought to be the rule of euery one of the three , page . qu. . but have the two houses power to put their judgements into execution , as well as to impeach and iudge ? a. the power of punishment is already in your hands according to law , page . obs. . then again it is no wonder that the kings favorites and followers hate parliaments , ( who not onely hinder their gain , but have power to punish them ) when they have violated the laws . . then the lords ( and much more the two houses together ) are supreme judges of all matters in difference between the king and the people , and have power to prevent all the kings encroachments upon the people , as well as the peoples upon him . . then the king is bound not to protect any whom the lords upon the impeachment of the commons , have judged delinquents ; for he hath granted that he is bound to protect the law , and that according to law the power of punishing ( even of his favourites and followers , 'fore spoken of ) is in their hands , and they cannot punish them , so long as he protects them . . then the law allows them as the supreme judicatory ( even th●t which must be a skreen between the king and the people , and assist the people against the kings encroachments , and punish the kings favorites and followers , though countenanced by surreptitiously-gotten commands from the king ) a power to bring such as they have judged , ( or are to judge ) to condign punishment , which is granted to all inferiour judges in their circuits and iurisdictions . . then if those delinquents get the king to protect them , or surreptiously get commands of him , to raise arms to shelter themselves against the iudgement of the two houses ; the two houses have power by the law to raise not onely the posse comitatus of those counties where such delinquents are ▪ to apprehend them ; but also the posse regni , the power of the whole kingdom if need be ; or else the power of punishment is not in their hands according to law , and it would be safer contemning and scorning and opposing the highest iudicatory , the parliament , then any inferiour court , a judge of assize , or the like : and they that could get commands to violate the law before , would easily get protection against the parliament when they are questioned , if the parliament had no power to raise arms to suppresse them . qu. . but if there be an attempt or danger , that the kings favorites and followers go about to change this regulated monarchy into an arbitrary government , and so into a tyrannie , is there authoritie in the houses sufficient according to what was sore mentioned to remedy this ? a. power legally placed in both houses is more then sufficient to preuent and restrain the power of tyrannie p. . obs. . then at least what ever power is necessary to prevent or restrain the power of tyrannie is confessed to be legally placed in both houses ; for else there is not power sufficient , much lesse , more then sufficient . . then it is lawfull for the two houses to raise arms to defend themselves in case an army be raised against them , for else they have not power sufficient to restrain the power of tyrannie : there is no greater attempt of tyrannie then to raise arms against the houses of parliament , and there is no way to restrain this tyrannie , but by raising arms in their own defence : lesse then this cannot be sufficient . . if a legall power be placed in them , not onely to restrain , but prevent the power of tyrannie , then they are the legall iudges , when there is danger of tyrannie ; and they have legall power to command their judgement to be obeyed , for preventions as well as restraint of tyrannie . . then it is lawfull for them to provide for their own and the kingdoms safetie , and they have legall power to command the people to this purpose ; not onely when arms are actually raised against them , but when they discern , and accordingly declare a preparation made towards it : for if they let alone altogether the exercise of their power , till arms are actually raised against them ; they may in all likelihood finde it too late , not onely to prevent , but even to restrain the power of tyrannie . . then they have legall power in such times of danger , to put into safe hands , such forts , ports , magazines , ships , and power of the militia , as are intended , or likely to be intended , to introduce a tyranny ; for else they cannot have power sufficient to prevent or restrain the power of tyrannie . . then they have legall power to levie moneys , arms , horse , ammunitions , upon the subjects , in such cases of danger , even without or against the kings consent ; for it cannot be imagined that in such cases when the kings favourites and followers have gotten commands from him , to protect them in their delinquencies , and attempts to introduce tyrannie , that ever he will consent to ●evies of moneys against those favourites and fol●owers of his , or to the raising arms against them , specially he being still in their hands , and among them , and not with his parliament ; and without such levies of moneys , &c. it is not possible for the two houses of parliament to prevent or restraine sufficiently the power of tyrannie . they that have made the protestation , to maintain and defend the power and priviledges of parliament , may see in all these things ( acknowledged by the king , and clearly following from his acknowledgements ) what is that power , and what are priviledges of parliament , which they have so solemnly in the presence of almighty god vowed , promised and protested to maintain , &c. . and finally , since the two houses of parliament have so often and fully declared their intentions in settling the militia , securing hull and the magazine there , and the navie at sea , with the ports and forts , and afterward in raising arms under the command of the earl of essex , and last of all , levying moneys by voluntary contibutions and assessements ; they have onely used that legall power which is in them for the punishment of delinquents , and for the prevention and restraint of the power of tyrannie , of all which they are the legall judges ; and all the subjects of this kingdom are bound by the laws to obey them herein , and those doubly bound that have made the late protestation . that the reader may the better discern how the answers here applied do agree with the words of his majesties answer to the propositions , i have here transcribed so much of it as concerns this particular . page . we call god to witnesse , that as for our subiects sake these rights are vested in vs , so for their sakes as well as for our own ) we are resolued not to quit them nor to subuert ( though in a parliamentary way ) the ancient , equall , happy well-poysed , and neuer-enough-commended constitution of the gouernment of this kingdom . there being three kinds of gouernment amongst men absolute monarchy , aristocracy , and democracy , and all these hauing their particular conveniences and inconveniences . page . the experience and wisdom of your ancestors hath so moulded this out of a mixture of these , as to giue to this kingdom ( as farre as humane prudence can prouide ) the conveniences of all three , without the inconveniences of any one , as long as the ballance hangs euen between the three estates ▪ and they run ioyntly on in their proper channell begetting verdure and fert●lity in the meadows on both sides ) and the ouer-flowing of either on either side , raise no deluge or inundation . the ill of absolute monarc●y is tyranny , the ill of aristocracy is faction and diuision , the ills of democracy are tumults , violence , and licent●ousnesse : the good of monarchy is the vniting a nation under one head , to resist inuasion from abroad , and insurrection at home : the good of aristocracy is the coniunction of councell in the ablest persons of a state for the publike benefit : the good of democracy is liberty , and the courage and industry which liberty begets . in this kingdom the laws are iointly made by a king , by a house of peeres , and by a house of commons chosen by the people , all hauing free votes and particular priviledges . the gouernment according to these laws is trusted to the king , power of treaties of war & peace , of making peeres , of chusing officers & counsellours for state iudges for law , cōmanders for forts & castles giving cōmissions for raising men to make war abroad , or to preuent & provide against invasions or insurrections at home , benefit of consiscations , power of pardoning ▪ & some more of the like kinde are placed in the king . — again , page . that the prince may not make use of this high and pertetuall power to the hurt of those for whose good he hath it , and make use of the name of publike necessity for the gain of his priuate fauorites and followers to the detriment of his people ; the house of commons an excellent conseruer of liberty ▪ but neuer intended for any share in gouernment , or the chusing of them that should gouern ) is solely intrusted with the first propositions concerning the leauies of moneys ( which is the sinews as wel of peace as warre , and the unpeaching of those who for their own ends , though countenanced by any surreptitiously-gotten cōmand of the king , haue violated that law , which he is bound ( when he knows it ) to protect , & to the protection of which they were bound to aduise him , at least not to serve him to the contrary : & the lords being trusted with a iudicatory power , are an excellent screen and bank between the prince and people , to assist each against any incroachments of the other , and by iust iudgements to preserue that law which ought to be the rule of euery one of the three . — pag. . since therefore the power legally placed in both houses is more then sufficient to preuent and restrain the power of tyrannie : — since this would be a totall subuersion of the fundamentall laws , and that excellent constitution of this kingdom , which hath made this nation so many years both famous & hapy to a great degree of envy ; since to the power of punishing ( which is already in your hands according to law ) if — since the encroaching of one of these estates upon the power of the other is unhappy in the effects both to them & all the rest — pag. ● . our answer is ▪ nolumus leges angliae mutari . but this we promise , that we will be as carefull of preserving the lawes in what is supposed to concern wholly our subiects , as in what most concerns our self : for indeed we professe to belieue that the preseruation of euery law concerns vs , those of obed●ence being not secure , when those of protection are violated . finis . a caveat to the cavaliers, or, an antidote against mistaken cordials dedicated to the author of a cordial for the cavaliers. l'estrange, roger, sir, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing l estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a caveat to the cavaliers, or, an antidote against mistaken cordials dedicated to the author of a cordial for the cavaliers. l'estrange, roger, sir, - . [ ], p. printed for henry brome ..., london : . reproduction of original in union theological seminary library, new york. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng howell, james, ?- . -- cordial for the cavaliers. great britain -- politics and government -- - . - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - john latta sampled and proofread - john latta text and markup reviewed and edited - pfs batch review (qc) and xml conversion a caveat to the cavaliers : or an antidote against mistaken cordials : dedicated to the author of a cordial for the cavaliers . sic vos non vobis , &c. — london printed for henry brome at the gun in ivie-lane . a caveat to the cavaliers , &c. sir , that love which covers many faults , may be allowed to commit some ; they say a man may be kill'd with kindnesse , but we all know , he may with physick , unlesse a strict accompt be taken both of the quality of the disease , and of the temper of the patient . give me leave then to tell you sir , that tho' i do not rank my self among those worthy and deserving gentlemen , to whom your cordial is particularly directed , yet you may find me among the poor cavaliers , to whom your loyal charity appears to extend : and ( with great honour to your care ) i must be free to acquaint you , that if the party be not either chameleons , or book-worms , ( to live upon ayre , or paper ) your cordial will not do their businesse . it troubles me exceedingly , that you , and i , united by a common sense , and tye of duty , should so far differ about the manner of expressing it , as to dissent in print : yet since we both proceed upon one honest bottom , a zeal to serve his majesty , and his friends , we may without dishonour to that noble end , or the least injurie to our selves , debate the several wayes , and means that lead to 't . i said , we may , i might have said , we must , we ought to do it : for ( as the case stands ) if either his majesty mistake his friends , or they the king ; if honest men either mistake their enemies , or one another , the least weight on the wrong side , hazzards the main , and casts the ballance : i come now ( tho' unwillingly ) to examine your cordial , which i shall take in sections , as it lyes , with due respect to your person , and exact justice to your meaning . a cordial for the cavaliers . worthy , and deserving gentlemen , . in the affairs and traverses of this life , it is a true rule , ( and 't is a comfortable one ) that he who dischargeth a good conscience , hath enough of his own wherewith to reward himself , though he receive no compensation from any where else . the world knows , and envy it self doth acknowledge , that in the late confusions , ( which were of that length that might have shaken the firmest spirits in their loyaltie ) you have discharg'd a good conscience three wayes , towards your creator , towards your country , and towards your king ; your religion bound you to the one , nature to the other , and your allegiance to the third ; and although many of you have not yet receiv'd what you expected for the two last , yet touching the first whereunto the other also conduce ) you are sure to have such a reward one day , that will not only be above all merit , but beyond all imagination in the kingdom of eternity . . the cordial ( sir ) of a good conscience , we carry in our bosomes , for we have not stood out a twenty years persecution , to blood , beggery , and bondage , we knew not why . nor are we fainting yet , wherefore this drop of comfort might have been saved . should the same fate , call us to do the same part over again , ( as things look scurvily ) we would as chearfully lay down our rags and carkasses to serve his majestie in being , at the same rate , as we have hazzarded , and wasted them : first , to defend the murthered father ; and then , to restore his royal and banish'd successor . this we would do , upon a single and changeless principle of loyalty , and honour , without the aid of borrowed cordialls . and yet we thank you for supplying us even with what we did not want . your next care is to divert us by the rewards of the next world , from attending our disappointments in this. it is a christian care , and we acknowledge it , though possibly our misfortunes might have brought us to that thought , without the help of a monitor . thus far as christians : you are now pleas'd to chear us up as patriots and subjects . . adde hereunto that i hold your condition to be far from being desperate , but that you may receive rewards , at least some consideration from the other two , viz. from your king and country ; for the present parliament , which represents your whole country , being compos'd of so many wise , and well weighed gentlemen ( whereof divers have been co-sufferers with you ) will , as it is well hoped , out of a sense thereof , have such reflections upon your sufferings and services , both active and passive , that they will enable his majestie , whom the law stiles , the fountain of honour and bounty , and whereof indeed no other power should partake with him , i say it may well be hoped , that this parliament , before their recesse , will put his majesty in a capacity , and humblie advise him , if not to reward you , yet to relieve your present wants in such a measure , that the steed may not starve while the grasse growes . . i think it would as well have suited the quality of our pretenses , if what you call reward had been stiled bounty , or benevelence : for the best actions of a private person , toward a publique good , are no further meritorious than by imputation . as to the major part of the two houses , we are as sensible of their affections , as of our own distresses : but so discreet withall , as not to hope for matters impossible , nor to ask things unreasonable : and that 's our choyce ; unless we much mistake the present state of this impoverished and exhausted nation . but much , little , or nothing , our duty is still the same , and our resolves to dye as loyal as we have lived ; without gaping after diego's legacies , and building castles in the ayre , to entertain our wavering or shrinking spirits . from the two houses , your next motion is to the king. . you know well that the king hath been among us but a little more than the compasse of one year , and his grandfather henry the great of france , was above seven years ( which is an age in our law ) before he could requite those who stuck to him not much above twenty months in making him master of the flowerdeluces ; you know the vast debts his majesty hath payed both by sea and land , which yet were not his own , nor his kingdoms , but of that accursed usurping common-wealth , which exhausted more of the publique treasure , than all the kings of this land , since gold and silver were first coyn'd in it ; you know he is so shortned , that he hath not yet provided bread for all of his own house ; he is in such a condition , that he cannot give his royal aunt that treatment which might be expected ; he hath not wherewith to go his progresse : consider what vast expences his fleets at sea , his lifeguard , with other garrisons do stand him in ; as also what debts he drew upon himself so many years beyond the seas , for his necessarie subsistence , &c. . so far are we from comprehending either the need or reason of this argument , we dare scarce ask the meaning of it ; or make appear how little it concerns us . can it be thought that worthy and deserving gentlemen ( such as you stile the cavaliers ) would presse upon the kings necessities ? truly these hints sound little lesse than accusations . allow us we beseech you to know something of court-affairs although we have no places there : and to discern the bias of the season as well as you can tell it us . we can very well recount how long his majesty hath been in england ; and we have read when henrie the great of france , appointed pensions for lame souldiers , paid his old debts , and pass'd an edict for the squeezing of publique spunges . we know our share likewise of the king's streights , ( and which is more , the reasons of them ) but what 's all this to us ? we do not importune his majesty , nor charge him . is it to say , that our relief must be the work of time ; and to preach patience to us ? truly 'twere hard we should not yet have learn'd that lesson of all others which we have now been twenty years in practising . but i shall wait upon you forward . . now , whereas some object he hath rewarded round-heads , truly i believe if a catalogue were made of those upon whom he hath conferr'd honour or office since his return , there will be found above twentie cavaliers for one of any other upon whom he hath set any marks of favour . 't is true , albeit he came not in by the presbyterian , yet he could not have come in without him so peaceably , though some alledge that what the presbyterian did , was not as much out of a love to the king , as out of a hatred be bore to the independent , who may be said to have us'd the presbyterian as the fox useth to deal with the badger , who having found out his chamber in the earth , he so berayeth it , that the badger comes thither no more , and so the fox makes himself master of the hole . . by your kind leave sir , count again , and i 'm afraid you 'll find a dozen of larks , and a capon , instead of a dozen of capons , and a lark . we are not yet so insolent as to confine , and question the king's bounties ; we do in truth complain , and grieve , to see a faction pack'd by some whom his majestie entrusts , out of the rankest of his enemies ; and to see divers persons recommended to the kings favour , and unknown receive it too , whose foulness casts a blot upon the honour . concerning the supposed antipathy betwixt the wrangling presbyter , and independent : all comes to this ; they are two ravenous beasts , that agree well enough to devour beeves and muttons , and prey upon the innocent . so soon as the object of their common appetite is spent , they fall to worry one another , yet in the heat of all their fury , cast but a sheep betwixt them , ( a cavalier ) they shall part , reconcile , fall on , and share the quarry . now to your next exception . . whereas som except against his majesties lenity , and indulgence , let them know that mercy is the inseparable inmate of a magnanimous breast , and that the noblest way of revenge is to forget , and scorn injuries ; i have read in story , that one thing which made lewis the twelf of france most famous , was a speech which drop'd from him , when being advis'd by some of his counsell to punish such and such as were profess'd enemies unto him , while he was duke of orleans , he answer'd , that the king of france doth not use to revenge the injuries of the duke of orleans ; no more ( with most humble submission be it spoken ) doth king charles resent much the wrongs that were done to charles stuart . . this is to enter further then becomes us into the actions of our soveraign . we do not blame the king's indulgence , but rather adore that divine sweetnesse of his nature ; yet we detest those wretches that abuse it , and we affirm , that mis-placed mercy was his fathers ruine . to say that the snake kill'd the man that gave it life , and warm'd it in his bosome , reflects upon the serpent , not the charity . nor by your favour sir , is the exercise of mercy , a virtue , in all cases : suppose six persons ready to perish for want of bread ; three of them , murtherers , and my enemies ; the other three my honest friends : i can relieve but half , which three shall i save ? or if i be uncertain how my stock will hold out , with which shall i begin ? in this case , were not mercy to the guilty , cruelty to the innocent ? love your enemies , is not hate your friends : a will to save all , is indeed a princely virtue , but he that makes the experiment , shall most infallibly destroy the best . as your discourse of mercy ( to my thinking ) needs a distinction , so has your application of it , one too much . king charles distinguished from charles stuart ? all was king charles , father and son ; without the interruption of a moment : nor were the wrongs done to charles stuart , but to king charles . . therefore , noble cavaliers , possess your souls with patience , we have a most gracious king who is in the meridian of his years , and will live to reward all in time . in the confused medley of mundane affairs , the proverb often is verified , some have the hap , but some stick still in the gapp , some have the fortune of preferment , some not , and 't will be so to the worlds end . the author hereof though during the many years that he was in prison for his loyaltie , had . sworn over his head in an office of credit that he should have had de jure , yet it nothing discomposeth him , being more than in hope of a compensation some other way . . why noble sir , ( at your request ) we will possesse our souls with patience . we know the king , and our own duty , and we shall rather serve him , without flattering , then flatter , without serving him . we never hackny'd out our selves for wages , or reward ; and sure that distance from whence your care descends to overlook us , makes us appear lesse then effectually we are. you treat us in a phrase , better apply'd to stop a bawling mutiny , than to compose a generous passion . if we are sad , 't is not so much because we are poor ; nor has our grief any disloyal mixture . but will you know what troubles us ? vve find the court dangerously throng'd with parasites : knaves represented to the king , for honest men , and honest men for villeines : a watch upon his majestie 's eare , to keep out better enformation : seditious ministers protected , and encouraged : libels against the authority , and person of the king , dispersed even by his majesties sworn servants ; and to discover treason , is of a consequence ( in some respects ) more hazardous , than to commit it . these are our grievances , and to find the reverence of government invaded by the pretending , but mistaken preservers of it . let any man tell titon ( a stationer in fleetstreet , and now of the royal trayn ) of his true pourtraicture of the kings of england , printed in . where the whole line of the stuarts is branded for spurious : — his sacred majesty now living , stung with the most exquisite , and piercing point of rhetorique and malice : — — the late king handled worse than common modesty would treat his murtherers : — let a man mention this , i say , and his mouth 's stopp'd with the act of indemnity : although this very person hath of late publish'd a pamphlet , of near equivalence to this , against our gracious , and abused soveraign . are we obliged by the act of oblivion , to quit our nature , and our reason with our passions : — to such a losse of memory , as utterly defaces the very images of things past , and robbs us of the benefit of our dear-bought experience ? vve have our private causes of disquiet too , but patience is your advise , and without more adoe , wee 'll take it : especially encouraged by the president you set before us , your patient self . and yet if your composure proceed from your compensation , ( as the cohaerence renders it ) your instance does not reach us. we do not envy you the glory of your sufferings , and yet we do not need your pattern to proceed by . we have among our selves sir , divers that would more willingly repeat the very losses and hazards themselves then the story of them : and for that modest reason , the words of some , weigh down the actions of others . you proceed , and conclude thus , . and as we have a gracious , so have we a glorious king , the most glorious that ever wore these three crowns , for all the eyes of christendom are fix'd upon him with a kind of astonishment and admiration ; and not only of christendom , but of all the world besides , for 't is written that the great turk should say , if he were to change his religion , he would fall to worship the god of king charles of england , who hath done such miracles for him , such miracles that no story can parallel : and certainly , god almighty must needs love him for whom he doth miracles : which that his divine majestie may continue to do , are the incessant prayers of julii . j. h. . we do not understand the phrase of the court : a gracious prince we have , no doubt , as ever liv'd : but how so glorious , if so opprest as you have rendred him , we do not comprehend . great , as he is good we wish him , and let that suffice . love is the best praise , and the best language of the soul is action . till we are call'd to that , our prayer shall be , that all the enemies of the last king , may prove the friends of this . r. l. but where 's the cordial all this while ? you pretend to comfort people under corporal necessities , by telling them , they have a gracious prince , and a good cause ; you bid them not despayr , for it is possible they may receive their reward — when the publique shall have nothing else to do with their mony . ( that is , at last . ) vvords will not feed the hungry ; nor speculations clothe the naked . this is no more than what we might have heard from a good old wife in a chimny-corner . have a good heart ; god's all-sufficient . this may relieve the mind , but not the body . your fourth and fifth sections are spent in the defence of what we do not oppose , and not without mistake , even in the ground of your plea. the king may give his honours and rewards ; - pardon , or punish , where , and as he pleases , ( that is , he may forgive such faults as god allows him to dispense with . ) but still , your twenty to one , is more oddes than the proportion will bear . the learned bishop sanderson , concerning oathes , tells us , that an errour in the substance of the thing , which was the proper cause of the oath , renders the promise invalid , and the obligation void . ( lect. . sect. . ) upon which equity , it may be a question , whether his majesty be bound , or not , to make good all those grants , which by deceipt , about the substance of the thing , have been obtained from him ; the proper cause whereof was his perswasion of their loyalty , to whom he pass'd such grants . under this notion have been dignified some persons , with whose character i shall not foul my paper , further than thus : those blessings which his sacred majesty meant to shed upon his friends , fell upon his enemies ; the voyce was jacobs , but the hands are esau's . upon the main , your paper bears the name of a cordial , without the effect of it ; and such is our condition , that it is equally dangerous either to fasten upon false comforts , or neglect true ones . vvhat the king does , or is ; what hopes of profit or reward ; is not one jote material to our businesse . the rule of loyaltie is the same , whatever may be the humour of the prince ▪ and he that makes profit the reason of his virtue , will , when that reason is gone ; think it likewise an excuse of his wickednesse . our best part is to behave our selves with clearnesse and prudence ; and honourably to bear what we cannot honestly avoid : without mincing or palliating the worst , or looking into the starrs for better . we have an uncertainty of events , before us ; of decree , above us ; of counsells , and design , about us ; a light , and guide within us : and , if there be no new thing under the sun ; the future is behind us . be it our care then to discover , — what dangers threaten us ; from whence ; which we may struggle with ; which not : how , fairly to shunn all ; and by the square of honesty and reason , mend a bad game : all which may be effected ; by procuring that his majestie may neither mistake his friends ; nor the people his majestie : together with a waryness , not to rely upon our enemies , nor to divide among our selves . these four hints duly observed secure us ; ( without a miracle ) as on the contrary , we fall into disorder and confusion . the first , and grand expedient , is — i. that his majesty may rightly understand his people . a failing in this point would prove a mischief without remedie , or comfort : one of the saddest judgements can befall a prince or nation . it gives authority to a general ruine : puts loyaltie out of countenance ; and it makes faith and honour cheap and ridiculous . as the mistake is mortall , so 't is not easie to distinguish betwixt truths and appearances ; especially for a prince so long unwonted , and so much a stranger to his people . mens hearts are not read in their faces ; and we live in an age , where commonly the blackest souls wear the cleerest forheads ; and confidence supplies the place of merit : let us not wonder then at benefits misplaced , but rather labour to prevent , by better information , so many dangerous , tho' well-meaning disappointments : for his majestie hath no other means of knowing his people , then either faithfull notice , or long observation ; and delay kills us . this is not yet to impose upon his majesties free grace ; or intercept the course , and influence of his royal goodness , we are , with reverence , to beleeve that where he knowes the person he preferrs , or saves , he knowes likewise the reason of his bounty or mercy : and we are not to pry into forbidden secrets . but where we find the king a stranger either to the action or the person ; we may with fairnesse enough humbly acquaint his majesty , that such and such decimatours , or high-court-of-iustice-men sit now upon the bench : what such ministers were ; such and such officers of the army : these privy-chambermen : those something else . — in fine , what hinders us to present his majesty frankly with a view into what peoples hands , offices of trust , credit , and profit , are generally committed throughout the nation ? when the king shall see , how much beside his royal expectation things are caryed : a design set on foot by the confederates against his father ; ( for these agreements are not the work of chance ) the cropp of one rebellion to become the seed of another , and his gracious act of pardon to his enemies , render'd ( so much as in them lyes ) a condemnation of himself , and friends : his princely wisedome will proceed according to the motions of his own good pleasure , and there we are to acquiesce , without presuming to advise , or direct , unlesse our lord and master will have it so ; for having declared the matter of fact , the iudgement and the processe rests in his majesty . by these means may the king assure himself against an open combination ; the danger of having his person seized by his authority ; which tho' a great , is not the onely hazzard our blessed soveraign lyes exposed to . ( whom in his boundlesse mercy god deliver from all conspiracies . ) there are four sorts of people , which , beyond doubt , his majesty will have a care of : . his unconverted enemies . . his temporizing friends . . a corrupt clergy . and . a riotous commonalty . the methode of sedition , is first to expose a prince to contempt ; and by degrees to hatred ; the former of which proceeds very often from too much lenity , humility , or patience , toward persons apt to abuse it . the latter ; from the change of antient lawes , and customes , — personal cruelties , — profusion of the publique treasure , and the raysing of some few families upon a general ruine . vvhich favourites are still the forwardest in any dangerous revolt , against their maker . for whosoever askes and getts more than befits a prince to give him ; as in the obtaining of it he preferr'd his own good to his masters , so shall he in the keeping of it ; and joyn his interests with the stronger party . concerning unconverted enemies , enough is said already ; and for the other three sorts of people above-mention'd , the very naming of them should suffice , but that the order of this discourse will have it otherwise . a word then touching the king's temporizing friends , who tho' lesse numerous , possesse yet greater advantages , in regard of confidence , and security , than such whose actions common reason cannot but look upon with an eye of jealousie . the other , design an open force upon the crown ; these undermine it ; and in their several stations closely serve the thriving interest . but these , his majesty may give himself the best accompt of , and doubtlesse does , sees all their doublings ; and will , when time serves , make a seasonable use of his discoveries . his vvisedome knowes how to distingush a person that sollicites him against his conscience , honour , or reason ; from one that loves him . he that excites a prince to transgresse a publique law , unless to save the authority of law it self , is an enemy . he that desires a prince , by stopping the mouthes of some few beggers , to make many ; is an enemy . he that perswades a prince to advance mean persons ; is an enemy . he that advises a prince to leave old friends for new , to reward treason , and let loyaltie go a begging ; is an enemy . in fine : he that presses a prince to any action of general incovenience , does his endeavour to divide him from the hearts of his people . those that would make him cheap , go other wayes to work : and when a prince is neither lov'd , nor fear'd , hee 's in an ill condition . he that disputes the mandates of his prince : neglects his proclamations : behaves himself rudely , or talkes scurrilously in his presence , — lessens the reverence of majesty . in the third place , comes a corrupted clergy , none of the least plagues to a civil government , where-ever the corruption lyes , whether in doctrine , or in manners : the one , casting a scandal upon religion it self ; the other , seducing the people from the right . and this may be observed , the worse ▪ cause commonly carryes the best outside ; and by excessive shews of holynesse , takes off the peoples thoughts from observing the little truth and substance of it . on the other side ; some scandals to the character there are , that are more carefull how they teach , than how they live ; as if a little knowledge , and a good cause , would bear out an enormity of manners . that side that drinks lesse , takes it out in treason : which is , beyond controversie , the excellency of vvickednesse ; for lucifer himself was but a traytour . in fine , the clergy is in his majesties eye , whose care , and prudence will easily discern , and purge ( tho never so small ) the unhappy mixture . the fourth , and last member of this division , is a riotous commonalty : which with great ease may be obliged , and cannot without great hazzard be neglected . the king may need in this particular , some more expresse information , concerning the several interests of several places ; and the different humours of the people . but let one general serve for all : the prince that pinches their bellies , loses their hearts . sir francis bacon ▪ in his essay of seditions , tells us , that the multiplying of nobility , and other degrees of quality , in an over-degree of proportion to the common people , doth speedily bring a state to necessity : which becomes yet more dangerous , where it happens that the antient nobility is shrunk into nothing , and the new nobility are to be raysed out of nothing : for there , beside an universall hatred toward those that are enriched out of the common-stock , there is also a strong and powerfull pitty toward those that are cast down , who under the temptations of great indignities , and fair occasions , must be exceeding honest , not to be troublesome . to conclude ; those discontents must needs be dreadfull , where want , disgrace , revenge , number , and conduct , meet to promote a common mischief , and only passive christianity to keep the peace . although we have been larger then becomes us possibly , in the discourse of publique enemies , and dangers , it remains yet that we say something concerning his majesties friends : that is , those of his friends , of whom we have said nothing among his enemies . wee 'll take a view , first , of their bulk : next , of their quality : because it is the common business of the popular faction , to cry themselves up for the loyal and numerous party : and to disparage those that are so . the number of the non-conformists , is no ill calculation of the others strength : for ( except romanists ) the king , and the church have certainly the same friends , and for the most part , the same enemies . upon that reckoning will arise the odds of at least thirty for one throughout the nation . even in covent garden , a parish of the geneva stamp , the odds was little lesse , betwixt the late petitioners for the common prayer , and the opposers of it . but in the generall declarations before the kings return , and the appearance afterward to receive him , the dis-proportion was yet greater , and more evident . what was the reason , that the godly legions after they were baffled by the independents , would never yet joyn frankly with the royalists , but upon all occasions left them still in the lurch ? save only this : they were affraid of being over number'd , and so enforced to do his majesties businesse , when they intended but their own. in brief , they 'll make a shift to croud half a dozen churches here about the town , and they shew all. come to the test of loyalty , 't is more unequall . their faith , at best , is but of late date , doubtfull continuance , and suspected credit : ( for , one essential of repentance , is restitution ) but we live in an age of miracles . 't is a strange thing , that in the same instant , all those that had been twenty years against the king , should become his friends , and those that had been as long for him , should become his enemies . he that would take a just accompt of the other side , let him begin with the first war , and see how much noble , and loyal blood was spilt before the devout traytors reach'd the kings ; — how many honourable , and wealthy families were brought to beggery ; — how many poyson'd , and dispatch'd in gaols , and for no other crime , but that they lov'd his majesty . look forward now , and see if the survivours of that execrable tragedy , prov'd not as faithfull afterwards to the son , as they had been to the father . was ever any tyranny more severe ? any conquest more absolute , any attempt more difficult ? yet poor , and disarm'd as they were ; — death , and almost impossibilities before them , — no friends to second them , — no reward to encourage them ; — did they not still pursue the royal cause , — this prince his right and title ; when these gay gentlemen , were quiet lookers on , that now perswade his majesty they did the businesse . nor was it rashness , or despair , that prick'd them on , but duty , and honour ; for if they would then have been villeins , 't is possible they might now have pass'd for honest men . vvhen they could act no longer , they served the king by suffering , and their blouds fill'd up the measure of their enemies wickednesse , by dying , ripening that vengeance , which living they could not execute . these are truths , and the whole nation can beare witnesse of them . vvhat can those people mean then , but mischief to the king , whose businesse 't is further to ruine those , that are already undone for serving him ? god grant his majesty may not mistake his friends . however , ii. god forbid that we should mistake his majesty . in this particular , our duty is short , and open. vvere all the ills we suffer , ( joyned with as many more as we have hitherto endured ) imposed upon us by the direct will , and order of the king. — if he should say , hang half my friends for their fidelity , and sterve the rest for gaping when they are hungry : — we ought to take all this , but as a sad occasion of greater honour ; a sharper tryal of our faith : or at the worst , as an unkind requital of our love , but no discharge of duty . the authority of princes is divine ; and their commission makes their persons sacred . if they transgresse , 't is against god , ( whose officers and deputies they are ) not against us. if we transgresse , 't is both against god , and them ; — a double disobedience . this is not yet to say , that we are bound to thrust our necks into the nooze , and offer up our selves as willing sacrifices , to appease the spirit of rage and cruelty . no , we may fairly shun the mischief , ( unlesse a greater come in competition ) but not oppose the power . that subject is guilty of his masters bloud , that sees the person of his prince in danger , and does not interpose to save him ; though he be sure to dye , himself , even by the hand of him whom he preserves . nor is it enough for subjects , to keep a guard upon their actions , unlesse they set a vvatch likewise before the doors of their lipps ; their tongues , must be tyed , as well as their hands ; nay , and the very boylings of their thoughts must be suppressed . vve that are thus instructed in the grounds , and termes of duty , even toward the worst of kings , cannot mistake our selves sure toward the contrary ; and become doubly guilty ; first , by imputing our misfortunes to a wrong cause ; and then , by an undutifull and simple menage of them . there is a gulfe betwixt his majesty and us : and , as yet , darkness is upon the face of the deep ; one does not clearly understand the other . his majesty is told indeed of a loose , beggerly , prophane , tippling sort of people , that call themselves cavaliers : against whom , under that appearance , came forth his majesties proclamation ; by some , intended as a stabb and scandal to the royal party , but in the king himself , an act of piety , and prudence . some that in probability occasioned that , should have done well to have got one clause inserted , against those that deny the kings authoritie to be above that of the two houses . on the other side ; we are not lesse perplexed a-about our soveraign ; all meanes are used to create , quicken , and foment mis-understandings . the last was our king , the godly party tells us , but this is theirs ; and the presbyterian must be now the white boy , which looks as if 't were so indeed , if we compare conditions , and search no further then the outside of the differenee . he that sees cromwells , brad ▪ shaws , st. iohns his creatures , nay and the meanest of them , laden with offices , and honours , may give himself a second thought to understand the meaning of it : especially considering how many thousands of loyal subjects are ready to perish , for want of that , which in great superfluity is scattered among scarce so many single persons of the other side . these incongruities may trouble us , but to impute them to the king , were to commit a sin against duty and reason . so far is his majesty from allowing or directing them , they are kept as much as possibly , from his bare knowledge : the plot is laid against him , and as they did before , they do but now remove his friends , to make way to his person . the reason why we are not relieved , is this , we put our businesse into wrong hands , and apply to the causes of our mischief for the remedy of it . if we look close to the matter , we shall perceive that many of the kings favours were extorted ; some surreptitiously obteyned ; others , abus'd and misapplyed by second hands , that were entrusted to dispose of them better . but finally , those which the king himself bestowed , were given by the unquestionable prerogative of his own freedom , the grounds whereof , in part we know , and in the whole we reverence . there are another sort also of cold comforters , that tell us , 't is not time yet . this , to a company of wretches that can stay no longer then they can fast , yields little satisfaction . are we such owles , as not to see the sun at noon ? 't is time enough for some that tell us these fine things , ( even before the kings revenue is setled ) to beg their fourty , fifty , nay their hundred thousand pound a man , and when the nation shall be drawn so low , that every tax runs blood ; 't is then prognosticated , that something shall be done for us : that is , the honour shall be ours , to finish the undoing of the nation , and furnish argument for another war. this consequence looks not much wide , but to prevent the worst , rather let us resolve to suffer any thing for his majesty , then cause him to suffer in the least for us . having hitherto discours'd the high necessity of a right understanding betwixt king and people : our next concern is , iii. not to mistake our enemies . to prevent mistakes ; by our enemies , we intend only the kings . it was a jolly saying betwixt jest and earnest , of a presbyterian to a cavalier , you told us wee were rebells once , but wee 'll make you so now , before we have done with you , and that 's one part of their design . if they can neither sink , nor scatter us , then to transport us into undutifull distempers , by ( that which makes the wise man , mad ) oppression . rather then faile , they shall vote loyalty , rebellion , and charge the author of this plain ▪ and honest pamphlet , with treason . but other treason then adherence to the king , the law , conscience , honour , and reason , they shall never bring us to . they do wisely therefore to give the main attaque , where we are weakest , and to attempt first upon our necessities , for they know our honesty will hold out longer then our fortunes . by this course , they purpose to lessen both our credit , and number , for poverty is a fair step toward contempt , and they think want will drive men any whither to seek their bread. they are not ignorant of the likelihood of ( what they more then covet ) a forrein war , from whence ( how fatall soever it prove to the publique ) they may pretend to reap these two advantages . first , they may pack their gang with more security at home , when the peoples eyes are all abroad : secondly , they fore-cast to have the quarrel fought by the hands of cavaliers , which is no other then to commit that businesse to be dispatch'd by foreigners , which they cannot so conveniently do themselves . that it will come to this , may rationally appear from the constitution of those missions allready designed . when by the fate of war , or that of extreme need , some are destroy'd , the rest dispersed of the kings party , and the designing faction yet entire : who is not prophet enough to fore-see the event ? this , this is the reward , his majesties new friends have prepared for his old ones . but fore-warn'd , fore-arm'd . let not a drowsie , mopish charity betray us into another opinion : are they converted ? where 's the peccavi , and the thirty pieces of silver : the confession , and the restitution ? where 's the inseparable companion of repentance , a godly sorrow ; a detestation , not onely of the sin it self , but even of all their complicates , in so egregious a vvickednesse ? their knottes and their dependencies are still the same they were . they are too iovial to be penitent . in snmm ; if they are penitent , where are the signes , or fruits of their conversion ? if not , they are dangerous . what doe we see more now than we did in ? or in effect was not the gospell-prologue to the death of the late king , the very ayre of what we hear at present ? but that we may not be thought to babble , let the whole puritan conclave lay their heads together , and bring their party off ; or if they do not , let them acknowledge that for once a cavalier was in the right on 't . if the people of whom we treat , be not penitent , the king cannot be safe in their hands : if they be penitent , then are we to seek for a religion : if they were never in the wrong , then they 'll use this king as they did his father . to passe over those properties of repentance , whereof god , and their own souls are the onely judges , namely , contrition and conversion to god. wee 'll look a little what the church sayes concerning the other two , to wit , confession and satisfaction . amesius sayes , that a publique confession of publique sinnes is necessary , to avoyd the contagion of a scandalous example . preston in his sermon upon iudas repentance reckons confession a part of repentance ; and so does calvin in his harmony upon the evangelists . but musculus upon matt. . . most expresly . ad veram resipiscentiam pertinet peccati confessio ; non ea tantum quae deo fit , sed & quae hominibus , quorum id interest , &c. — confession , ( sayes he ) is requisite to true repentance , not onely that to god , but to men also ; ( such as are concerned in it ) that is , to those against whom the offence was committed , and to such as to whom occasion was thereby given of offending . judas his sinne was against christ ; but in betraying the innocent bloud , he ministred occasion to the priests and elders of sinning , by giving them the means of taking and condemning him , for a summe of mony : — so he confessed as well before the priests and elders , as to god. i have sinned ( sayth iudas ) in betraying innocent bloud . he does not say , ( peccastis ) ye have sinned in condemning innocent bloud , but he complains that he himself had sinned in delivering it up . now concerning satisfaction . non remittetur peccatum nisi restituatur ablatum : saies st. augustine . no restitution , no remission . non-restitution is damnation ; and restitution is the way to salvation , ( saies stock of repentance , p. . ) and again : if it be a sin to take , it is a sin to keep. ( ibid. p. . ) non est vera poenitentia , ubi non redditur quod malè fuerat ablatum , ( saies marlorat upon matth. ) perkins , dike , calvin , all the world agree upon the necessity of restitution . in fine , non-restitution is theft . if it be objected ; well , but such and such are poorer then they were , others have gotten nothing , and the rest are pardoned . the casuists tell us , that whosoever commands , directs , favours , or abets any unjust action , the consequence whereof is damage to another : — that person is bound to restitution . but we might answer , that much was spent of what they took from the cavaliers , to bear up against the independents . as to the act of indempnity : that saves them from the law , but in foro conscientiae 't is no acquittal : it discharges the penalty , but not the crime , only an effectual repentance can do that , which cannot be admitted without restitution . 't is not an act of state , that can dissolve a ty of conscience : that were to argue , as if a parliament could forgive sins . at the last day , when inquisition shall be made for bloud , theft , oppression , &c. — we dare appeal to the sworn patrons of the cause , smectymnuus themselves : what will an act of indempnity avail , in plea before the great tribunal ? so many parents made childlesse by thy sword ; so many children fatherlesse ; the bloud of so many thousand loyal subjects spilt like water , common , and noble , and at last the kings : and all this in a cause where every thought , word , action of agreement was a murther . why shouldest not thou be damn'd ? lord ( saies he ) murthers are pardoned by the act of indempnity . so many plunders , robberies , sequestrations , decimations , confiscations : — to the undoing of many thousand rich families , and twenty times as many of the poorer sort , that depended upon them : — what sorrow , acknowledgement , reparation , for all these injuries ? what token of repentance ? why therefore should'st not thou be damn'd ? hee pleads the indempnity too . so many grave divines poyson'd in winchester house : so many honest men of all sorts and qualities , destroy'd by all varieties of misery : smother'd , famish'd , sold for slaves because they would not fight against their prince , nor swear against their consciences . why should not ye that did all this , be damn'd ? the act of indempnity still . go to your rabbi busy's now , your three-pil'd goodly levites , that when ye did all this , call'd you a holy covenanting people : bid them look over their whole stock of shifts and popular distinctions , and shew ye the least shadow of a comfort . which if they do , they must overthrow this assertion . without repentance , there can be no salvation ; and without restitution , no repentance . if it be so , this were a theme much fitter for a pulpit-zeal , then lawn sleeves , or the crosse in baptism : but in this point our gospel ministers are as mute as fishes , which manifestly shews the core of the faction . how can these people sleep with all this weight upon their consciences , unlesse by virtue of one of these two causes ? the former , a reprobated , and unfeeling hardnesse : the other , a good opinion of their first engagement . he one way , they are our enemies upon a principle of iudgement : and the other way , upon a score of boundlesse , faithlesse wickednesse . the use we are to make of all , is onely to look to our selves , and to commit nothing to hazzard , that may be secured by prudence . which cautionary prudence , must not yet carry us beyond the line of duty : for tho' as christians , they are not absolved by the act of indempnity ; yet as subjects , wee are obliged by it , nor shall we start an inch from the literal strictnesse of it . it is an act of free , and general pardon , indempnity , and oblivion , granted upon such reasons , and conditions , with such provisoes and limitations as are therein expressed ; extending from ianuary . . to iune . . as it is a pardon , we complain not ; nor doe we pretend any legal right to what we have lost , in questioning their consciencious right to what they have taken . if they will do what they ought not to doe ; — keep it ; — we shall however doe what we ought to do ; — sit down with submission and patience , so that the indemnity is safe too . nor do we at all entrench upon it as an act of oblivion : which forbids the malicious revival of past differences ; and directs to the burying of all seeds of future discords , and remembrance of the former , &c. — if the same things are now done over again by the same party , where lyes the malice of saying , have a care of the same hand again ? this is a hint of caution , not of animosity : a means to prevent mischief , not to cause it . nor do wee charge particulars : for beyond doubt , there are true converts ; & divers , that even in the counsells of the kings enemies , did his majesty service . we professe further , that we have no unkindnesse for such as have not shewd themselves against us , since they received their pardon : but touching the rest , we are at liberty to speak our thoughts . let us not be too credulous then , and gape after empty hopes that will deceive us . vve never lost any thing by suspecting them ; we never gayned by trusting them . in short , hee that will doe his prince and country a good office , let him but get a list of the instruments , and officers they have put upon us , ( whereof the king knows nothing ) and present it — to his majesty . there will need no other proof of their combination . onely one word now , iiii. that we divide not among our selves . under this notion , ( our selves ) we understand , all persons that are well-affected to the established government : which must expect to be dealt with by the factious rest , variously , according to the reason of the design , and the humour of the party to be wrought upon . it will require not only constancie , but skill , so to demean our selves , as to scape oversights , and yet not dash upon distemper : for we are to encounter , both artificial flatteries , and sharp provocations ; and so in danger to miscarry , either upon facility or passion . some are 〈◊〉 sighted ; and those they startle into fears and iealousies ; concerning religion , privileges , the fundamental lawes , &c. matters which being little understood , and much esteemed , are of great effect with the common people . not to be over-strict ; some they seduce , others they corrupt ; and betwixt such as want either braynes , or honesty , they make up their party . machiavell , and experience are two great masters ; and they have learn'd from both , that to destroy a prince , the surest way is to begin with the generality of the people , whom if they can but once possess with an opinion , that the king designes upon the freedome of their estates , and consciences , the work 's half done . to which end , they themselves contrive , necessitate , nay and impose , ( tho' privily ) those very grievances , whereof they likewise prove the first complainers : charging upon his majesty , what was done onely by their own procurement , and for their benefit . they handle the rabble as they do elephants , they digg the pit themselves , and when they have entrapped them , another must be employed to strike , and to enrage the beast ; they forsooth out of zeale , and pity to the poor creature , interpose ; take the elephants part , and by appearing to remove the injuryes they caused , winn , and reclayme the beast . but in the end , the elephant serves them , not they the elephant . let us a little observe , how they have already strew'd the way to their design . with reverence to the authority of the act of indemnity , and with submission to the force , and reason of it : wee 'l begin there ; and understand it as a mixture of mercy , and expedience , granted on their behalfe whose lives , and fortunes were forfeited to the law. this act makes them masters , in effect , of the booty of three nations : ( bating crown , and church-lands ) and all they have gotten by a griping rebellion , and usurpation of allmost twenty years continuance , they may now call their owne ; those people that contested to preserve the law , being , by these penitents , abandoned to the comfort of an irreparable , but an honourable ruine . to what they had gotten before , let us adde the debt they left in arriere both at sea , and land ; together with what they have begg'd since , in mony , land , and office. truly all this put together , one would think might satisfie a reasonable sort of people . now to look a little the other way . the king cannot but have contracted great debts , his active friends are begger'd : and those whose inclinations were but suspected loyal , have smarted sufficiently for it . come to the generality ; ye shall not find quick mony enough to keep commerce alive , all wanting , and complaining . now let us rationally consider , whither does this condition of the publique tend ; and whence does it proceed ? the kings debts must be payd , his revenue setled , his guards maintained ; and beyond all this , ( in common view , a forein war inevitable . ( the relief of his majesties friends , is a thing but by the by ; that goes for nothing . ) all this is necessary to be done ; but where , how , whence , ( without a mine ) who can imagine ? a general imposition will hardly furnish it , the treasure of the nation being drawn into so few hands , and they too have the wit to keep it close , for divers reasons ; as well to conceal their prodigious , and most unconscionable gettings , as to secure their after-game ; which they are provident enough to expect . to rayse these necessary and large summes , if common , and formal wayes will not suffice , others lesse acceptable must be thought upon . so that upon the whole , either his majesty cannot be supplyed , even in those exigencies which most concern the honour , and the safety of the nation : or else the generality must suffer exceedingly by the pressure ; to which some further trouble may possibly arise even from the manner of imposing it . when discontents come to this ripenesse , then is the time for the old patriots to put in again , and mourn over the oppressed . they shall shew the people what is against magna charta , and the petition of right , the law of the land , and the liberty of the subject . then shall they with all dutyfull reverence humbly declare to his sacred majesty that it is their antient and undoubted right , & c. in short , great payments will certainly cause great disquiets ; and there are those will take advantage of them . this is the clear and natural tendencie of affairs ; and it behoves us to provide and arm our selves against the malice of it : which may be done , by a sober enquirie into the grounds , and causes ; — by whose contrivance and design , the publique lyes reduced to this extreme necessity . the war occasioned our destruction : but who occasioned the war ? wee 'll only answer for our selves : that the cavaliers cause was as good as the kings title to the crown . briefly , those that have robb'd the publique to enrich themselves , are the cause why the publique is not able to support it self : forfeited estates would have set all clear , without taking in either the army officers , or the converted cavaliers into the reckoning . nay more , they might have been left yet better then they began , for they have been no ill husbands of their pillage . but so was the state of the nation represented to his majestie , and such was his royal goodnesse , that he thought fit to remit all ; and 't is our duty not to murmur at it : only let us not forget , when it comes to the question , by what hand we perish . to conclude , their designs are frivolous , if we our selves do not assist them , either by crediting against our reason , or by ioyning with them against our duty . these are our open and known adversaries , ( if we can see or know any thing ) but there 's another sort , which only time must unmasque , and against whom , this caution ( for the present ) shall suffice . vaenalis hominum vita est ; & licitatores capitum nostrorum publicè regnant . ( euphormio . ) finis . erratum . page the th . read capons , for larkes , &c. notes, typically marginal, from the original text notes for div a -e temporizing friends . evill counsellours . a corrupted clergy . the commonalty to be obliged . the kings old friends more numerous than his new. more loyal . misunderstandings fomented betwixt the king and his party . lib. de consc. cap. . by the king, a proclamation declaring his maiesties pleasure concerning the dissoluing of the present conuention of parliament england and wales. sovereign ( - : james i) approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a stc . estc s ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) by the king, a proclamation declaring his maiesties pleasure concerning the dissoluing of the present conuention of parliament england and wales. sovereign ( - : james i) james i, king of england, - . , [ ] p. by bonham norton and iohn bill ..., imprinted at london : m.dc.xxi [ ] caption title. "giuen at our palace at westminster, the sixth day of ianuary, in the nineteenth yeere of our raigne ..."--p. 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ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng proclamations -- great britain. great britain -- history -- james i, - . great britain -- politics and government -- - . - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion diev et mon droit honi soit qvi mal y pense royal blazon or coat of arms ❧ by the king. a proclamation declaring his maiesties pleasure concerning the dissoluing of the present conuention of parliament . albeit the assembling , continuing , and dissoluing of parliaments be a prerogatiue so peculiarlie belonging to our imperiall crowne , and the times and seasons thereof so absolutelie in our owne power , that we need not giue account therof vnto any : yet , according to our continuall custome , to make our good subiects acquainted with the reasons of all our publike resolutions & actions ; we haue thought it expedient at this time to declare , not only our pleasure and resolution therein , grounded vpon mature deliberation , with the aduice and vniforme consent of our whole priuie councell ; but therewith also to note some especiall proceedings moouing us to this resolution : and that chieflie to this end , that as god , so the world may witnesse with us , that it was our intent to haue made this the happiest parliament , that euer was in our time : and that the lettes , and impediments thereof being discerned , all misunderstandings and iealousies might bee remooued , and all our people may know and beleeue , that we are as farre from imputing any of those ill accidents , that haue happened in parliament , to any want or neglect of duty , or good affection towards us , by them in generall , or by the greater and better number of parliament men , as we are confident ( the true causes discouered ) they wil be far from imputing it to any default in us ; there hauing in the beginning of this late assemblie passed greater and more infallible tokens of loue and duty from our subiects to us their soueraigne , and more remarkeable testimonies from us of our princely care and zeale of their welfare , then haue beene in any parliament met in any former age. this parliament was by us called , as for making good and profitable lawes , so more especially , in this time of miserable distraction throughout christendome , for the better setling of peace and religion , and restoring our children to their ancient and lawfull patrimony , which we attempted to procure by peaceable treaty , at our owne excessiue charge , thereby to saue and preuent the effusion of christian blood , the miserable effect of warre , and dissension ; yet with full purpose , if that succeeded not , to recouer it by the sword ; and therefore , as a necessary meanes conducing to those ends , the supply of our treasures was to bee prouided for . this parliament beginning in ianuary last , proceeded some moneths with such harmonie betweene us and our people , as cannot bee paralleld by any former time : for as the house of commons at the first , both in the manner of their supplie , and otherwise , shewed greater loue , and more respect then euer any house of commons did to us , or ( as wee thinke ) to any king before us : so we , vpon all their complaints , haue afforded them such memorable , and rare examples of iustice , as many ages past cannot shew the like ; wherein , that wee preferred the weale of our people before all particular respects , the things themselues doe sufficiently prooue , our iustice being extended , not onely to persons of ordinary ranke and qualitie , but euen to the prime officer of our kingdome . and although , after their first recesse at easter , wee found that they misspent a great deale of time , rather vpon the inlarging of the limmites of their liberties , and diuers other curious , and vnprofitable things , then vpon the framing and proponing of good & profitable lawes : yet we gaue them time and scope for their parliamentary proceedings , and prolonged the session to an vnusuall length , continuing it vntill the eight and twentieth day of may , before wee signified our purpose for their recesse ; and then wee declared , that we would make a recession the fourth day of iune next following , but onely for a time , and in such maner , as might bee without disturbance to any their businesses in hand , expressing out of our grace ( though wee needed not ) the causes of that our purpose , which were the season of the yeere , vsually hot , and vnfit for great assemblies , our progresse approaching , the necessitie wee had to make vse of our councell , attending in both houses , both to settle our waightie affaires of state before wee went , and to attend us when wee went our progresse , the disfurnishing of our ordinary courts of iustice so many termes together , the long absence of iustices of peace , and deputy lieuetenants , whose presence was needfull for making and returning of musters , and for subordinate gouernement of the countrey ; and therefore wee appointed to adiourne the parliament on the fourth day of iune , giuing that warning longer then vsuall , that they might set in order their businesses , and prepare their greeuances , which wee promised both to heare and answere before that recesse , for presenting whereof we appointed them a time . this message graciously intended by us , was not so well entertained by some , who in a short time dispersed and spred their iealousies vnto others , and thereby occasioned discontentment in the house , for being adiourned without passing of billes ; yet made not their addresse to us , as had beene meet , but desired a conference with the lords ; and at that conference , the nine and twentieth day of may , vnder colour of desiring to petition us for some further time , to perfect and passe some speciall bils , were imboldened , not onely to dispute , but to refell all the reasons that we had giuen for the adiournement , which being made knowen vnto us , wee againe signified our pleasure to both houses , that on the fourth day of iune the parliament should rise , but wee would then giue our royall assent to such billes , as were or should bee ready and fit to bee then passed , continuing all other businesses in state they were , by a speciall act to be framed for that purpose . the lords with all duetie and respect , submitted to our resolution , passed the act , & sent it with speciall recommendation to the house of commons ; but they neither read it , nor proceeded with businesses , but forgetting that the time was ours & not theirs , continued their discontent , as they pretended , for being so soone dismissed , we ( though it were strange to obserue such auersnes for our resoluing vpon such waighty reasons , that wherin we needed not to be measured by any other rule , but our owne princely will ) yet were contented to descend from our owne right , to alter our resolution , and to continue the session for a fortnight more , wherein they might perfite such publique billes , as were esteemed of most importance : for which purpose , we our selfe came in person vnto the higher house of parliament , and made offer thereof vnto them , which being , in effect , as much as the commons had formerly desired , was no sooner offered , but yeelding thankes to us , the said commons resolued the same day directly , contrary to their former desire , to refuse it , and to accept our first resolution of an adiournement ; but attending us at greenwich , presented no grieuances : this inconstancie , as we passed by with a gentle admonition ; so for the matter of grieuances , aswell of england , as ireland , we promised to take them into our owne care , though not presented to us , and really performed the same so far forth , as time , and the aduice of our councell of each kingdome could enable us , as is witnessed by our seuerall proclamations , published in both realmes , as likewise in granting at the same time those three suites which were proponed vnto us by the arch-bishop of canterbury , at the request , and in the name of both the houses : but in conclusion the house of commons making it their choise , wee made a recesse by adiournement of the parliament , the fourth day of iune , though indeed wee must doe them this right , that at the said recesse , taking into their serious consideration the present estate of our children abroad , and the generall afflicted estate of the true professors of religion in forraine parts , they did with one vnanimous consent , in the name of themselues , and the whole body of the kingdome , make a most dutifull and solemne protestation , that if our pious endeauours , by treatie to procure their peace and safetie , should not take that good effect which was desired , ( in the treatie whereof , they humbly besought us , not to suffer any long delay ) then , vpon signification of our pleasure in parliament , they would be ready , to the vttermost of their powers , both with liues and fortunes to assist us , so as that by the diuine helpe of almightie god , we might be able to doe that by our sword , which by peaceable courses should not be effected . but during the time of this long recesse , hauing to our great charges mediated with the emperour , by the meanes of our embassadour , the lord digbie , and hauing found those hopes to fayle , which we had to preuaile by treaty , we in confidence of the assistance of our people , thus freely promised and protested in parliament , did instantly shorten the time of the recesse , which we had before appointed to continue vntill the eighth day of february , and did reassemble our parliament , the twentieth day of nouember last , and made knowen vnto them the true state and necessity of our childrens affayres , declaring our resolution vnto them , of taking vpon vs the defence of our childrens patrimony , by way of armes , since we could not compasse it by an amicable treaty ; and therefore expected the fruit of that their declaration , whereby we were inuited vnto this course : wherein , howbeit we are well satisfied of the good inclination of the most part of our house of commons , testified by their ready assent to the speedy payment of a subsidie , newly to be granted ; yet vpon this occasion some particular members of that house tooke such inordinate liberty , not only to treat of our high prerogatiues , and of sundry things , that without our speciall direction were no fit subiects to be treated of in parliament ; but also to speake with lesse respect of forraigne princes , our allies , then were fit for any subiect to doe of any anoynted king , though in enmity and hostility with us. and when , vpon this occasion , wee vsed some reprehension towards those miscarriages , requiring them not to proceed but in such things as were within the capacity of that house , according to the continuall custome of our predecessors , then by the meanes of some euill affected and discontented persons , such heat and distemper was raysed in the house , that albeit themselues had sued vnto us for a session , and for a generall pardon vnto both , which at their earnest suit we assented , yet after this fire kindled , they reiected both , and setting apart all businesses of consequence and waight ( notwithstanding our admonition and earnest pressing them to goe on ) they either sate as silent , or spent the time in disputing of priuiledges , descanting vpon the words and syllables of our letters and messages , which for better cleering of trueth , and satisfaction of all men , we are about to publish in print , so soone as possibly we can . and although in our answer to their petition , wee gaue them full assurance that wee would bee as carefull of the preseruation of their priuiledges , as of our owne royall prerogatiue , and in our explanation after sent vnto them by our letters , written to our secretary , we told them that wee neuer meant to denie them any lawfull priuiledges that euer that house enioyed in our predecessours times ; and that whatsoeuer priuiledges or liberties they enioyed by any law or statute , should euer bee inuiolablie preserued by us ; and we hoped our posterity would imitate our footsteps therein ; and whatsoeuer priuiledges they enioyed by long custome , and vncontrolled and lawfull presidents , we would likewise be as carefull to preserue them , and transmit the care thereof to our posterity , confessing our selues in iustice to bee bound to maintaine them in their rights , and in grace , that we were rather minded to increase , then infringe any of them , if they should so deserue at our hands , which might satisfie any reasonable man , that we were farre from violating their priuiledges . and although by our letters written to their speaker , we aduised them to proceed , and make this a session , to the end , that our good and louing subiects might haue some taste , aswell of our grace and goodnesse towards them , by our free pardon and good lawes to be passed , as they had both by the great and vnusuall examples of iustice since this meeting , and the so many eases and comforts giuen vnto them by proclamation . and although we had giuen order for the pardon to goe on , and that in a more gracious and liberall manner then hath passed in many yeeres before , and signified our willingnesse , that rather then time should bee misspent , they might lay aside the thought of the subsidie , and goe on with an act for continuance of statutes , and the generall pardon ; but all this preuailed not to satisfie them , either for their pretended priuiledges , or to perswade them to proceed with bils for the good of themselues , and those that sent them . but as the session and pardon were by them well desired at first ; so were they as ill reiected at the last ; and not withstanding the sinceritie of our protestations , not to inuade their priuiledges ; yet by the perswasion of such as had beene the cause of all these distempers , they fall to carue for themselues , and pretending causelesly to be occasioned thereunto in an vnseasonable houre of the day , and a very thinne house , contrary to their owne custome in all matters of waight , conclude , and enter a protestation for their liberties , in such ambiguous and generall words , as might serue for future times to inuade most of our inseparable rights and prerogatiues , annexed to our imperiall crowne : whereof not onely in the times of other our progenitors , but in the blessed raigne of our late predecessor , that renowned queene elizabeth , we found our crowne actually possessed ; an vsurpation that the maiestie of a king can by no meanes endure . by all which may appeare , that howsoeuer in the generall proceedings of that house , there are many footsteppes of louing and well affected duetie to us : yet some ill tempered spirits , haue sowed tares among the corne , and thereby frustrated the hope of that plentifull and good haruest , which might haue multiplyed the wealth and welfare of this whole land ; & by their cunning diuersions haue imposed vpon us a necessitie of discontinuing this present parliament , without putting vnto it the name or period of a session . and therefore , whereas the said assembly of parliament was by our commission adiourned vntill the eight day of february now next ensuing , we , minding not to continue the same any longer , and therefore not holding it fit to cause the prelates , noblemen , and states of this our realme , or the knights , citizens and burgesses of the same parliament to trauaile thereabout , haue thought fit to signifie this our resolution , with the reasons thereof vnto all our subiects , inhabiting in all parts of this realme , willing and requiring the said prelates , noblemen and states , and also the said knights , citizens , and burgesses , and all others , to whom in this case it shall appertaine , that they forbeare to attend at the day and place prefixed by the said adiournement , and in so doing , they are and shall be hereby discharged thereof against vs. and we doe hereby further declare , that the said conuention of parliament , neither is , nor after the ceasing and breaking thereof shall be , nor ought to be esteemed , adiudged , or taken to bee , or make any session of parliament . and albeit we are at this time enforced to breake off this conuention of parliament : yet our will and desire is , that all our subiects should take notice , for auoyding of all sinister suspitions and iealousies , that our intent and full resolution is , to gouerne our people in the same manner , as our progenitours and predecessours , kings and queenes of this realme of best gouernment , haue heretofore done ; and that we shall be carefull , both in our owne person , and by charging our priuie counsell , our iudges , and other our ministers in their seuerall places respectiuely , to distribute true iustice & right vnto all our people ; and that we shall bee as glad to lay hold of the first occasion in due and conuenient time , which we hope shall not be long , to call and assemble our parliament , with confidence of the true and hearty loue and affection of our subiects , as either we , or any of our progenitors haue beene at any time heretofore . giuen at our pallace at westminster , the sixth day of ianuary , in the nineteenth yeere of our raigne of great britaine , france , and ireland . god saue the king. imprinted at london by bonham norton , and iohn bill , printers to the kings most excellent maiestie . m. dc . xxi . to the right honorable the house of peeres now assembled in parliament the humble petition of the knights, gentlemen, freeholders and other inhabitants of the county of oxford. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing t thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) to the right honorable the house of peeres now assembled in parliament the humble petition of the knights, gentlemen, freeholders and other inhabitants of the county of oxford. england and wales. parliament. house of lords. sheet ([ ] p.) printed for f.l. and w.w., london : [i.e. ] reproduction of the original in the british library. eng england and wales. -- parliament -- early works to . church of england -- bishops -- early works to . great britain -- politics and government -- - -- early works to . great britain -- history -- civil war, - -- early works to . a r (thomason .f. [ ]). civilwar no to the right honorable the house of peeres now assembled in parliament. the humble petition of the knights, gentlemen, freeholders and other england and wales. parliament. a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - elspeth healey sampled and proofread - elspeth healey text and markup reviewed and edited - pfs batch review (qc) and xml conversion to the right honorable the hovse of peeres now assembled in parliament . the humble petition of the knights , gentlemen , freeholders and others inhabitants of the county of oxford . sheweth , that the petitioners being very sensible of those pressures under which the whole kingdome growneth ; and having ever since this happie parliament began , with patience waited for a finall redresse , and a perfect reformation of the church and state ; seeing much hath been indeavored for the ease of our grievances , and much more might have beene done , had it not beene ( as we humbly conceive ) for the opposition of the ill affected parties of popish lords and bishops ; as not being the first in this way of petitioning , are constrained to represent to your honours our just feares and distractions , arrising from that barbarous and bloody rebellion in ireland , wherein innocent blood of many thousand protestants hath beene cruelly and inhumainely shed , without respect to age or sect , threatning the subvertion of the protestant religion , and the irreparable losse of that kingdome ; to the emboldning of the popish and malignant parties of this kingdome to the like attempt if opportunity be put into their hands , which may produce ( which god forbid ) as sad effects in this , from the not passing the bill for impressing of souldiers , wherby a sufficient aide may be sent , to the speedy reliefe of our brethren in ireland , from the late unparalleld breach of the privilige of parliament , from the not putting of this kingdome into a posture of defence , and the cinque ports into safe hands in whom the king and parliament may confide ; notwithstanding the many petitions put up in this behalfe : from the papists not beeing disarmed , and forsaking their owne houses , and privately living in places where they are not knowne : which justly casts jealousies into us , that they have in hand some desperate plot as yet undiscovered : from the great increase of arminianisme in our vniversity , and the insolency of that partie : from the not punishing of delinquents ; and from the continuance of many corrupt and scandalous ministers , which grow more impudent and incorrigible by the delay of punishment : lastly , from the not concenting of this honorable house with the house of commons , in the passing of many motions for the common good . all which have beene the cause of the totall decay of trade and want of coyne throughout the kingdome , to the great impoverishing thereof , and without which it will not be able long to subsist . we therefore your potitioners , doe humbly pray , that a speedy remove all of these our grievances with the causes ; and of the votes of the popish lords and bishops out of this honorable house , which ( we humbly conceive ) are not consistent with the honour of the king and parliament , and the safety of this kingdome , and your petitioners to the utmost hazard of our lives and estates will be ready to defend the king and parliament against all opposers whatsoever . the heads of the petition . . thankes , to be given to the lords for voting downe the bishops , with our earnest desire that they would doe as much for the popish parties . . that our sea townes , forts , and castles , may be speedily garded and put into the custody of such , which in whom we may safely confide . . that the kingdome may be put into a posture of defence . . that for the better disarming of papists an oath may be administred , not onely to the masters of families , but to their servants and tennants , for the better finding out where their armes are , since the former courses of searching only , are most commonly frustrated . . that all papists may be enioyned to keepe their owne houses in these dangerous times , that they may not have their meettings in london and elsewhere , whereby they may know each others minds , and so enabled to put in execution their dangerous designes . . that they would be pleased to have an especiall eye unto the vniversity of oxford , that that seminarie might not be over-whelmed with popery , arminianisme , and superstition , that their alters , images , and crucifixes , may be demolished , that governours of colledges may be questioned , wherefore they did not demolish them , according to the order set forth by the house of commons . . that a preaching ministrie may be planted throughout the whole diocesse , since there are neere upon . parishes , and not above thirty ministers that are constant preachers . . that they would be pleased to take into consideration the multiplicity of dignities and preferments that some heads of houses , every where you shall finde some to enioy a rich lordship worth many . per annum , a denery , a preband , and two fat parsonages , and seldome preach at either . . that further care may be taken for the suppressing of the rebells in ireland . london , printed for f. l. and w. w. . seven additional quæres in behalf of the secluded members, propounded to the twice-broken rump now sitting, the cities of westminster, london, county of middlesex, all other counties, cities, boroughs, in england wales, and all english freemen, whose members are secluded: and also to scotland and ireland. prynne, william, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing p thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) seven additional quæres in behalf of the secluded members, propounded to the twice-broken rump now sitting, the cities of westminster, london, county of middlesex, all other counties, cities, boroughs, in england wales, and all english freemen, whose members are secluded: and also to scotland and ireland. prynne, william, - . p. s.n., [london : ] attributed to william prynne. caption title. imprint from wing. annotation on thomason copy: "january. ". reproduction of the original in the british library. eng england and wales. -- parliament -- early works to . great britain -- history -- civil war, - -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason e _ ). civilwar no seven additional quæres in behalf of the secluded members, propounded to the twice-broken rump now sitting, the cities of westminster, londo prynne, william f the rate of defects per , words puts this text in the f category of texts with or more defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion seven additional quaeres in behalf of the secluded members , propounded to the twice-broken rump now sitting , the cities of westminster , london , county of middlesex , all other counties , cities , boroughs , in england wales , and all english freemen , whose members are secluded : and also to scotland and ireland . whether their inhuman , uncivil , unchristian , and injurious forcible exclusion of the . worthy eminent members of the house , who on the of decemb. last resorted thither to claim their own , the other members , and peoples rights , and discharge their trusts for the peace and settlement of our churches and kingdoms , miserably rent , and almost irrecoverably ruined by their exorbitant jesuitical vsurpations , innovations , and councils ; giving express orders both to their serjeant , door-keepers , and military gards , to keep all the old secured , or secluded members , ( being above . yet living , had they been all present with those . repairing suddenly thither , upon the rumour of their clandestine sitting , concealed from all but their engaged confederates : ) not only out of the house it self , but th●●●ry lobby , into which the meanest commoner , waterman of england , and all others have , and then had free access ; and shutting them out of both , by loc●●●g and bolting the doors against them , and sending them all thence with highest neglect , after two hours att●ndance , without deigning to take the least notice of them ( as * they have at large rela●ed , ) paralle●'d with their former seclusions in may th ▪ and ●th . last , by force of arms , and levying war against 〈…〉 elsewhere , as traytors , only for raising 〈…〉 again , by their command● 〈…〉 all the old members ; be not a more direct , professed levying war against the parliament , far higher treason , and more transcendent breach of privilege and trust , than ever the late king ▪ the lord capel , or other persons beheaded or sequestred by them were guilty of , in levying war against the parliament and their forces only at a great distance from the house , not at the house doores against their members : or the * kings comming in person to the commons house , with his gard and attendants armed only with halberts , swords , and pistols , ( not with armed troops of horse and bands of foot as they ) jan. . . and placing them in the lobby , soly to demand . members impeached by him of high treason three daies before , without seising or secluding them , or any other members ; expiated by his subsequent acknowledgement and retractation of this his breach of privilege , only through mistake , by two special messages , january the th . and th . by giving satisfaction for it to both houses ; and promising assurance to the parliament , and both houses , to be for the future , as carefull of their privileges , as of his life , or his crown ; they having even after this his ingenuous satisfaction , the apprentices transitory unarmed force , july . . which they voted treason ; and cromwels , and lamberts successive forcible excluding of themselves april ▪ ▪ and october . last , which they branded to be treasonable , and tyrannical , outstripped them all , by their special orders to their guards , and officers , to exclude all old secluded members , and avowing it , when acted and complained of by the members , without the least retractation , redresse , or notice taken of this , or any former forcible exclusion● , imprisonments , and restraints of above ▪ members at once , besides the whole house of peers , when themselves are not yet above ▪ in number , and . of those no legal members of the old commons house . and whether this doth not render them enemies to the commonwealth , and to the peace and state of this kingdom , by the house of commons expresse declaration , jan. ? . whether it be not a most impudent and insolent presumption in them , to raise the militia of westminster , and middlesex to guard themselves in the house , and yet forcibly to keep out serjant glyn , and mr. bell , their own two burgesses for westmi●ster , and sr. gilbert gerard , the sole surviving knight of the s●ier for middlesex , and the militiaes of * london , and most other cities , boroughs , and counties of england , to exclude their own knights , citizens , and burgesses of the old parliament out of the house , that they may tax , oppresse and domineer over them , at their pleasure ; and a treachery , beyond all president , for them to imploy the army , first raised , commissioned , intrusted , engaged by their commissions , parliament ordinances , votes , declarations , the protestation● , league and covenant , to defend ●nd protect the members and privileges of parliament , from all force and violence whatsoever , to sit and act fr●ely in the houses , without disturbance : to keep three parts of four of their fellow members out of the hou●● and the whole house of peers , by meer force and will , without any hearing or impeachment ; and to impose intollerable uncessant taxes , both on the lords , and secluded members , and all counties , cities boroughs , for which they serve ; only to keep themselves in forcible posession within the house ; and seclude them forcibly out of it ? whether it be not a most sottish , brutish servility , baseness , treachery , infatuation for these counties , cities , boroughs militias and mercinary forces , thus to guard this trayterous , ( & now infamous , odious ) rump , to domineer over themselves , and the majority of the excluded members and lords in the house , and to keep them by their treasonable armed force , & void orders , out of it ? whether it be not both their duty , honour , honesty , interest , and only means of ease , peace , settlement , revival of trade , and restoring the lost honour of our nation , religion , and the rights , freedom , privileges , liberties of our parliaments , and kingdom ; now to joyn all their forces and endeavours , to restore all the secluded members , dishouse these forcible vsurpers , and bring them to publick justice ▪ for their present and past high treasons , since they obstinately persevere in them , without the least shadow of repentance or satisfaction to the people , or the secluded members : witness their new oath of abjuration , jan. . and to obey the secluded lords and members , orders , and desires , being the parliament ) rather than their treasonable and illegal votes ? . whether all the secluded members for this their last forcible contemptuous seclusion , without any answer or reparations from the sitting rump , have not a juster cause , and more reason now to adjorn themselves , into the city of london , and to sit there as a committee or house by the cities invitation , garded by their militia and the militiaes of westminster , middlesex , herfordshire , essex , & other counties , whose knights and burgesses , are now forcibly excluded ; til this higher force , & breach of their privileges than in any age be redressed by publick declarations against it , and exemplary punishments , the fo●ce at westm. quite removed , and they enabled to sit and act there in peace and safety ; then both hauses had to adjourn into london by the cities invitation * jan. . . upon the kings coming to the houses to demand the . impeached mmbers , and lord kymbolton , without s●izing them , or secluding others , a small breach of privilege in respect of theirs ? and whether sr. arthur haslerig ( one of the . impeached members then , ring-leader of the rump , and their forces now ) can in justice , honour , or conscience , oppose them and denzil hollis ( another of the impeached and secluded members ) therein now ; it being warranted by the president of both houses then , as an incumbent duty on them and the city too ( who gained much honor and respect from the parliament and kingdom thereby ; ) pointed out unto them by their own vote december . to take into consideration the case of all absent members , on the th . day of january next , being the very day of the month both houses . upon the kings breach of their privileges in demanding the impeached members , made a particular declaraeion against it as a high breach of the rights and privileges of parliament , and inconsistent with the freedom and liberty thereof ; and thereupon adjourned themselves into the guild-hall in london , to sit and act as a committee , which they did till both the breach of their privileges was fully vindicated , their members repaired , and brought back to the house by the city & watermen , in triumph , to sit in safety , without securing , or secluding afterwards . this their vote by a miraculous providence referring to this very day , and occasion , full years after it , and the remonstrance on it , declaring them publick enemies , and to be proceded against as such for this high breach of privilege . . whether it be not the extremity of tyranny , injustice , and violation of parliament rights and privileges , for a few guilty members who have violated all oaths , protestations , covenants , vows , declarations , trusts , privileges in the superlative degree , by meer armed force & will , to exclude above ▪ times their number of untainted members , before the least legal accusation , impeachment , bearing , tryal , evidence , or calling them into the house , or to the bar thereof , to hear or answer any charge against them ? when as by the laws of god , nature , nations , the great charter , the fundamental laws of the land , the usual course of justice in every judicature whatsoever , and the law and custom ▪ of parliament , no person whatsoever , much less any member of parliament , least of all the majority of the members , may or ought to be tryed , conviccted , judged , sentenced , disfranchised , or deprived of his persor al , much less his publick parliamentary franchise , liberty and privilege , without a lawfull summons , accusation , indictment , impeachment , tryal , hearing , conviction , by his own confession or evidence , upon his personal appearance in court , or at the bar of the house : it being resolved in the parliaments of e. . rot . parl. n. , &c. & e. . n. . that the judgement given against roger mortymer in the parliament of e. . n. . upon . particular articles of impeachment of high treason in murdering king edward the d . after his deposing , forcing the parliament at salisbury , driving away some lords from thence , and other great crimes , was erroneous and illegal , and thereupon nulled and reversed ; because , though the articles were true and notorious , yet he himself was never brought personally to the bar to answer them , nor heard before or when they gave judgement against him . therefore much lesse ought so many innocent , eminent members to be forcibly secluded , and kept out of the house before any articles exhibited , hearing , or tryal in the house , by a few guilty members , thus prejudging and excluding them , and the whole house of peers , ( over whom they have no colour of jurisdiction ) for fear of being legally impeached by them if admitted , for their enormous crimes ? . whether these peccant members high treasons , in usurping and ingrossing to themselves alone the divided and united supream authority of the king , lords , and whole commons house assembled in parliament , in voting down , secluding , and engaging against the king , and house of lords , contrary to the express tenor of the kings writs , indentures , oaths , and the act of car . by which they pretend to sit ; and their former and late levying war against the secluded membets and lords house , in imprisoning some , and keeping others of them out of the house by armed gards , against their rights , privileges , and the declaration of the whole house , january . upon the kings demanding the . impeached members , and their own votes , in the case of their own seclusions by cromwell , harrison and lambert , be not the highest breach of their trusts , and all parliments privileges , rights , and freedom , for which in law , justice , reason , and conscience too , they have absolutely for feited their memberships , and future sitting in the house ▪ from which they may and ought to be perpetually disfranchised by judgement of the secluded members , it being against the duty of a citizen , burgess , and member of parliament , to the prejudice and subversion of the parliament , house , ( yea cities and boroughs too , ) whereof they are members , and to their oaths , protestation and covenant which they took as members , according to the resolutions in james baggs case , cook . rep. f. , . littleton , sect. , . cooks instit. f. , . & instit. p. , ? whether some for le●ser treasons and crimes than these , have not had their heads and quarters set upon the top of the parliament house , instead of sitting as members in it ; and the late king lost his head by their own judgement for smaller breaches of privileges , and less dangerous wars against the parliament and members than themselves are guilty of ? whether it will not be juster , equaller , and more beneficial to the people and army , for the secluded lords and members to confiscate and sequester all their real and personal estates for discharge of all publick debts and souldiers arrears , which they have contracted , only to keep up and maintain their usurped antiparliamentary conventicles , and exclude the greatest part of the members and lords out of the parliament by force : than to confiscate and sequester sir geo. booths , or other members and commoners real and personal estates , for endeavouring to remove the force which keeps them out ; and to impose illegal taxes , excises , militiaes , oaths , both on the lords , the secluded members , and all counties , cities and boroughs whom they represent ▪ to exclude them out of parliament ? . whether the declaration of august . . made upon the speaker lenthals , and other members clandestine departure to the army , upon the apprentices unarmed tumult , and his leading up the army , first of all to the house , to commit a greater force upon it , by driving away , securing , imprisoning and secluding sundry eminent members , ( for which he deserves to be their present general ) whereas there was a visible , horrid , insolent and actual force upon the houses of parliament , on monday the . of july last , whereupon the speakers , and many members of both houses of parliament , were forced to absent themselves from the service of the parliament , and whereas those members could not return to sit in safety before friday the . of august : it is therefore declared , by the lords and commons , in parliament assembled , that the ordinance of monday the said . of july , for the repealing and making void the ordinance of the . of the said july , for the setling of the militia of the city of london , being gained by force and violence : and all votes , orders , ordinances , passed in either , or both houses of parliament , since the said ordinance of the . of july , to the said th . of august , are null and void , and were so at the making thereof , and are hereby declared so to be ; the parliament being under a force , and not free ; doth not absolutely declare , adjudge and resolve , all the rumps votes , acts , orders , ordinances , proceedings touching the militia of london , westminster , and other counties ; excises , customs , monthly contributions , indemnities , pardons , and all other matters ; or for sec●uding or suspending any member , and whole house of peers from sitting , their treasonable perjurious ingagement , and oath of abjuration ▪ to be all null and void , at the making thereof ; and so no waies obliging the city , kingdom , nation , secluded peers , or members in the least degree , since the force upon both houses , securing , secluding of above . commons , yet living , continued from dec. . . till apr. . . and from may . . till octob. . and now again by the rumps special order and command , from dec. . till this instant ▪ and that upon these considerations , and parallels of the force then , with the successive forces since upon the house and secluded members . . the apprentices force july . . was without arms : theirs by armed gards and souldiers . ly . transitory , but for . or . hours : theirs permanent for sundry whole months and years . ly . that without the privity or approbation of the house : theirs by the rumps privity , order and command . ly . that upon just provocation , to repeal an ordinance , to alter the militia of london , gotten by practice and surprize of some army officers , without the cities privity , to betray and sever it from the parliament , and reduce both under the armies power : theirs upon mere design and will without provocation , to destroy the king , lords , kingdom , parliament , alter the government , and usurp the perpetual parliamentary and supream legislative , civil and military power of our . kingdoms into their own hands . ly . they secluded never a lord , nor commoner by force : these not only exclude , but vote down , debar and engage against the whole house of lords , and three parts of four of the commons house ( above . of them still living ) against their protestation , vow , league , covenant , former votes , orders , ordinances , the act of car. ch. . & car. c. . the writs and indentures by which they pretend to sit . ly . the members pretended to be forced away by the apprentices , were not above or who went not away til . daies after the force , by an invitation from the army-officers , against the house will and privity , the members forcibly secluded and then secured . and now above . besides the peers , are kept out against their wills , both by the rumps privity and command , from discharging their duties . ly . that force was never reiterated by the apprentices : this acted six times actually over and over against the secluded members . ly . that was accompanied only with a pretended terror in a few members : this with an actual forcible seclusion of above . an imprisonment of more than . members sundry weeks , months , and close imprisonment of others of them in remote castles without hea●ing or tryal divers years : and with subsequent imprisonments , and close imprisonments since for refusing the engagement , and a proclaiming others of them traytors in all counties , cities , corporations , churches and chapels , only for raising forces to bring in all the secluded members , and procure a free parliament , for which some are now close prisoners , and their estates sequestred . ly . the ordinances , votes , and orders , declared nul and void by this ordinance , were made and passed by near three hundred commoners , without any ▪ gards or order to keep out the speakers , and those fugitive members who voluntarily repaired to the armie : and ratified by the house of lords then sitting without gards to seclude any peer or member ; their orders , votes , ordinances from decemb. . . till apr. . . and may , til octob. . were seldom made by above or commoners at most without the house of peers ; and those now sitting under a force to keep out the secluded members & peers , when they made their last votes , acts , orders decem. , and . were but . at most , whereof . or . were no legal members . therfore upon all these considerations both by the speakers own printed letter , july . and this ordinance , all votes , orders , ordinances ▪ and acts of the rump ▪ ( the parliament being under such a horrid , actual , visible , reiterated , approved , commanded armed force , and so many members forcibly secluded and restrained ) must needs be void and null to all intents at their very making , and no waies to be owned or obeyed ( as the secluded house of lords , and majority of the secluded commons house , have oft publickly declare to our . nations , and the world ) and nothing is or can be valid or legal which they shall order or impose before all the secluded members be restored , without any new test or restriction to sit , act , and vote with that ancient freedom and safety , which of right belongs unto them . . whether their present speaker , now ▪ a monstrous plurality , monopoly , medly of sundry inconsistent greatest offices of honor , power and trust , being both sole lord ▪ keeper of their great seal , sole lord general of the armies by land , sole lord admiral of the navie by sea , sole lord warden of the ports , sole gardian of the liberties of england , sole master of the rolls , sole speaker of the commons house at first , and of the two rumps since its dissolution , and sole visible head of their vtopian and harringtonian projected commonwealth in his political , and as strange a compound in his ethical capacity , though but a single person in his natural ; be not a sutable speaker for that monstrous rump now sitting , compacted mostly of members of the old parliament , elected and sitting by vertue of the kings writs , for the defence of him and his realm of england , and to do and consént to such things as by the common advice and council of the prelates , lords , and great men of the realm should be ordaiued ; and yet destroying , engaging , and now swearing against both king , kingship , kingdom , peerage , and house of lords , and secluding all members engaging not with them therein : cre●ting and stiling themselves the supreme authority of the common ▪ wealth of england , scotland and ireland too , by what chymistry and right is yet unknown , being at fir●● by the writs , indentures and act by which they sit , but members of the commons house in the parliament of the king and realm of england : next of some new additional members , by writs in the name and under the seal of the gardians of their yet unshaped commonwealth of england , scotland and ireland ; who peece together with the former , like the feet and legs of nebuchadnezzars image , which were part of iron , and part of clay ; and lastly , the rear of this rump , is made up of the doating old earl of salisbury , and lunatick young earl of pembrook , who have degraded themselves of their peerage , and become baser than the basest commoners , to be the tayl of this strange heterogeneral monster . whether their continuing obstinate , and incorrigible in their tyrannies , treasons , vsurpations , forcible exclusions of the lords , & these their fellow members , notwithstanding all their former and late dissipations by the army-officers , the unsafety of their present condition , the general displeasure of the whole kingdom , secluded lords , commons , and most part of the officers and souldiers against them ; the wonderful providences and rebukes of god himself from heaven ; the admonitions , intreaties , desires of their friends ; the secluded members , city , country , and our . nations , and their adding drunkenness to thirst , in voting a new oath of abjuration jan. . to keep out all the secluded members , and aggravate their former forcible seclusion in the highest extremity , instead of repairing , or repenting it , and deprive them of all possibility of re-admission to sit and vote together with them in freedom and safety , be not a certain symptom that they are now ripe for another total and final ejection , by some wonderfull divine providence or other , to the deserved ruine of their usurped anti-parliamentary power , persons , families , estates , if not of their very souls ; seeing god himself hath spoken , nay sworn , and will most certainly perform it ; that those who fear not god , nor the king , and are given to change , and being often reproved , harden their necks and hearts too , shall suddenly be destroyed , and that without remedy : and shall never enter into his rest , prov. . , . ch. . . psal. . , . finis . notes, typically marginal, from the original text notes for div a e- * exact collection , p. , to . * of whose . citizens , sir thomas some , and mr. vassal are forcibly ▪ secluded , as are both the knights of he●tfordshire , surry . glocestershire , northamptonshire , and most other counti●● ▪ † exact collection , p. ▪ , &c. a declaration by the kings majestie concerning his majesties going away from hampton-court written by his own hand and left upon the table in his majesties bed-chamber, dated at hampton-court novemb. , : presented to the parliament ... friday nov. , , with his majesties propositions for satisfying of the presbyterians and independents, the army, and all his majesties subjects of england and scotland. charles i, king of england, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing c ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing c estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a declaration by the kings majestie concerning his majesties going away from hampton-court written by his own hand and left upon the table in his majesties bed-chamber, dated at hampton-court novemb. , : presented to the parliament ... friday nov. , , with his majesties propositions for satisfying of the presbyterians and independents, the army, and all his majesties subjects of england and scotland. charles i, king of england, - . [ ], p. printed by robert ibbitson ..., london : . reproduction of original in the harvard university library. eng charles -- i, -- king of england, - . great britain -- history -- civil war, - . great britain -- politics and government -- - . a r (wing c ). civilwar no a declaration by the kings majestie concerning his majesties going away from hampton-court: written by his own hand, and left upon the table charles i, king of england a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion a declaration by the kings majestie concerning his majesties going away from hampton-court : writen by his own hand , and left upon the table in his majesties bed-chamber . dated at hampton-court , novem. . . presented to the parliament , by the lord mountague , and read in both houses of parl : friday nov. . . with his majesties propositions for satisfying of the presbyterians and independents , the army , and all his majesties subjects of england and scotland . for the speaker of the lords pro tempore , to be communicated to the lords and commons in the parliament of england , at westminster , & the commissioners of the parliament of scotland , and to all my other subjects of what degree or calling whatsoever . charles rex . cr diev et mon droit honi soit qvi mal y pense royal blazon or coat of arms london , printed by robert ibbitson in smithfield , . a declaration by the kings majestie . concerning his going away from hampton court . hampton court the of novemb. . liberty being that which in all times hath been , but especially now , is the common theame , and desire of all men . common reason shewes that kings lesse then any should indure captivity , and yet i call god and the world to witnesse , with what patience i have indured a tedious restraint , which so long as i had any hopes that this sort of my sufferings might conduce to the peace of my kingdome , or the hindering of more effusion of blood ; i did willingly undergoe : but now finding by too certaine proofes , that this my continued patience would not onely turne to my personall ruine , but likewise be of much more prejudice than furtherance to the publique good : i thought i was bound , as well by naturall as politicall obligations to seek my safety ; by retiring my selfe for some time from the publique view , both of my friends and enemies . and i appeale to all indifferent men , to judge if i have not just cause to free my selfe from the hands of those who change their principles with their condition ; and who are not ashamed openly to intend the destruction of the nobility , by taking away their negative voice , and with whom the levellers doctrine is rather countenanced then punished . and as for their intentions to my person , their changing and putting more strict guards upon me , with the dischaging most of all those servants of mine , who formerly they willingly admitted to wait upon me , doth sufficiently declare : nor would i have this my retirement mis-interpreted , for i shall earnestly and incessantly endeavour the setling of a safe and well-grounded peace , where ever i am , or shall be ; and that ( as much as may be ) without the effusion of more christian blood , for which how many times have i desired , prest to be heard , and yet no eare given to me . and can any reasonable men think that ( according to the ordinary course of affaires ) there can be a settled peace without it ; or that god will blesse those who refuse to heare their owne king , surely not ? nay i must further adde , that ( besides what concerns my selfe ) unlesse all other cheife interests have not only an hearing , but likewise just satisfaction given unto them , ( to wit the presbyterians , independents , army , those who have adhered to me , even the scots ) i say there cannot ( i speak not of miracles , it being of my opinion , a sinful presumption , in such cases to expect or trust to them ) be a safe or lasting peace now as i cannot deny but that my personall security is the urgent cause of this my retirement , so i take god to witnesse that the publique peace is no lesse before mine eyes ; and i can find no better way to expresse this my profession ( i know not what a wiser man may doe ) then by desiring and urging , that all cheife interests may be heard , to the end each may have just satisfaction , as for example ; the army : for the rest ( though necessary yet i suppose are not difficult to content ) ought ( in my judgement ) to enjoy the liberty of their consciences have an act of oblivion , or indempnity ( which should extend to all the rest of my subjects ) and that al their arreares should be speedily and duly paid , which i will undertake to doe , so i may be heard , and that i be not hindered from using such lawfull and honest meanes , as i shall choose . to conclude , let me be heard with freedome , honour , and safety , and i shall ( instantly ) breake through this cloud of retirement , and shew my selfe really to be pater patriae . charles rex . for the speaker of the lords , pro tempore , to be communicated to the lords and commons in the parliament of england at vvestminster , and the commissioners of the parliament of scotland : and to all my other subjects of what degree or calling whatsoever . charles rex . dated at hampton court , the . of novem. . finis . novemb. . . imprimatur g. m. the fanatique powder-plot, or the design of the rumpers and their adherents, to destroy both parliament and people. vvith a caution against forged intelligence. l'estrange, roger, sir, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing l a). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing l a estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the fanatique powder-plot, or the design of the rumpers and their adherents, to destroy both parliament and people. vvith a caution against forged intelligence. l'estrange, roger, sir, - . sheet ([ ] p.). s.n., [london : ] attributed to l'estrange by wing. place of publication suggested by wing. dated: march . . imperfect: creased, with some loss of text. reproduction of original in the bodleian library. eng great britain -- politics and government -- - . great britain -- history -- commonwealth and protectorate, - . broadsides -- england -- th century. a r (wing l a). civilwar no the fanatique powder-plot, or the design of the rumpers and their adherents, to destroy both parliament and people. vvith a caution against l'estrange, roger, sir c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion the fanatique powder-plot , or the design of the rumpers and their adherents , to destroy both parliament and people . vvith a caution against forged intelligence . that this nation hath been long miserable , under the power of a violent and restlesse faction , is clear to all such as are endued with memory , and reason : nor is it more superfluous , to reflect upon their pass'd miscariages , than necessary to take some notice of their later cheats , and insolencies . their design was , to fix themselves in a perpetual counsel ; contrary to oath , and law ; and to cut off successive parliaments . to carry on the project , they had armed all sorts of libertines , throughout the nation , particularly , threatning london with fire , and sword , if they should not comply . their barbarous purposes were disappointed , by the general's re-introduction of the secluded members : together , with the united rage of the people against them . in this hopeless and deserted condition , what they could not effect by open force , they attempted by treachery , and corruption . they used all art , and diligence , during the session , both to gain opportunities , and to emprove them ; but being over-voted in the main , they fell upon a more direct , and shamelesse method of villany . — they falsified the lists of the militia : — sollicited petitions from the city , for their continuance : — juggled the army-officers into a tumult : — employed their instruments to destroy the general ; — mutinyed the army , and the city ; and finally , they engaged a great part of the souldjery to remonstrate against the rest of the nation . but all too little , to prevent their dissolution ; or to disturb our hopes of settlement . the general hath approved himself , in the calm , steady menage of this wild affair , a person worthy of all the honour we can give him . these brutish libertines , — finding all their plots bubbled , — their mines vented , — their party , weak and heartless , — themselves friendlesse abroad , and comfortlesse at home , — as guilty , and as desperate as cain ; after the sad despair of any the least 〈…〉 , they are 〈◊〉 pleased in the contrivance of our mischief , they 're not dissolved , they tell us , — and attempt to meet again : that 's in vain ; and now they come to their last shifts . these sense lesse cox-combs offer the honest general the instrument of government ; as if , that noble , generous soul , were to be wrought upon , to prostitute his honour , and his safety ; and all this , to preserve a kennel of such reprobated , and ridiculous puppies . i wonder , seriously , how these pimps , and knights o' th' post , — scot , and his fellows , scape the fury of the people : that rabbet-sucking rascall , with his fellow cheats , and pandars ; these are the youths , gentlemen , that offer you like doggs , to any master , that will bestow the haltering of you . for shame , bethink your selves . to be as short as possible , thus far you're safe : but yet these tumblers have not shew'd all their tricks : their last recourse , is to the forgery of letters ; ( but so ridiculously framed , they are rather argument of sport , than anger : for the brewer is much better at a ( heat , than at a stratagem ) there are diverse scandalous papers dispersed , in the name of the king ; and as the sense of the royal party . you shall do well , to take notice , that nothing of that quality , proceeds either from himself , or his friends . the project is phanatique , and tends only to hinder our expected , and approaching settlement . to mention one , for all ; there is a pamphlet of yesterday , entituled — news from brussels , in a letter from a near attendant on his majestyes person , to a person of honour here — which casually became thus publique . do but observe this formal noddy , how he boggles upon the very title-page . — how casually , good-man sense-lesse ? did it drop into a printing house , and publish it self ? — his title is followed , with a suitable text ; of so pityfull an ayre , and fashion , i am ashamed to confesse the reading of it . indeed , i would advise the secretary , rather to return to his placket-politiques , for he is not half so good at state , as bawdery . to deliver his aim in other terms , for fear of giving the reader a vomit . the principal drift of his discourse is , to personate a royalist , charging the presbyterians with the murther of the king , and professing an implacable animosity against the whole party — not to employ more subtilty than needs upon so frivolous a subject . let this suffice . who murthered the king , the nation knows ; and who interposed to save him ; — who they are , that at this instant , oppose a settlement , and who desire it ; — nay more , we know , who cannot live under a peaceable government , and who cannot live without it : and it is fit to shew all honest people to distinguish . those , that have designed us for slavery , it is but reason to marque them out for justice : yet i should advise tenderness ; where by saving a few , infamous malefactours , we doe not hazzard a more considerable losse . he that forgives them , extends his charity , but he that trusts a man of them , betrayes his country . march . . finis . the old proverbe, as good be a knave, as amongst knaves (though committee men) is debated, and concluded to be false, by francis cooke, and thomas gualter, as they were riding between london and cambridge, and conferring upon this proverb, and many other things usefull for all to know, but more especially for some in authority. in which conference the innocent, and such as have stood for the truth, are made known and commended, and the nocent and such as use deceit and falshood are discovered, and left to bear their deserved shame and punishment. as also the cruel and unreasonable doings of some committee men, and others, against good men, and such as have been most forward for the parliament: some of their abuses stript, which deserve to be whipt. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing c thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) the old proverbe, as good be a knave, as amongst knaves (though committee men) is debated, and concluded to be false, by francis cooke, and thomas gualter, as they were riding between london and cambridge, and conferring upon this proverb, and many other things usefull for all to know, but more especially for some in authority. in which conference the innocent, and such as have stood for the truth, are made known and commended, and the nocent and such as use deceit and falshood are discovered, and left to bear their deserved shame and punishment. as also the cruel and unreasonable doings of some committee men, and others, against good men, and such as have been most forward for the parliament: some of their abuses stript, which deserve to be whipt. cooke, francis, of cambridge?, gualter, thomas. p. printed according to order, by thomas paine, [london : [i.e. ]] attributed to francis cooke by wing. caption title. imprint from colophon. annotation on thomason copy: "jan: th [i.e. ]". reproduction of the original in the british library. eng great britain -- history -- charles i, - -- early works to . great britain -- politics and government -- - -- early works to . great britain -- church history -- th century -- early works to . a r (thomason e _ ). civilwar no the old proverbe, as good be a knave, as amongst knaves (though committee men) is debated, and concluded to be false, by francis cooke, and cooke, francis, of cambridge? c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion the old proverbe , as good be a knave , as amongst knaves ( though committee men ) is debated , and concluded to be false , by francis cooke , and thomas gualter , as they were riding between london and cambridge , and conferring upon this proverb , and many other things usefull for all to know , but more especially for some in authority . in which conference the innocent , and such as have stood for the truth , are made known and commended , and the nocent and such as use deceit and falshood are discovered , and left to bear their deserved shame and punishment . as also the cruel and unreasonable doings of some committee men , and others , against good men , and such as have been most forward for the parliament : some of their abuses stript , which deserve to be whipt . prov. . . . my son , if sinners intice thee , consent thou not : if they say , we will fill our houses with spoil , come cast in thy lot amongst us , we will have one purse . prov. . , . the righteous is delivered out of trouble , and the wicked cometh in his steed . an hypocrite with his mouth destroyeth his neighbour , but through knowledge shall the just be delivered . iam. . . that man that seemeth to be religious , and refraineth not his tongue , his religion is vain . matth. . blessed are ye when men revile you , and speak all manner of evil against you falsly for my sake . pet. . . for it is better ( if the will of god be so ) that you suffer for well-doing , then for evil doing . psal. . but to the wicked said god , what hast thou to do to take my words into thy mouth , seeing thou hatest to be reformed ? a conference betweene francis cooke , and thomas gvalter , as they were riding betweene london and cambridge . thomas gaulter , you are well overtaken mr. cook , how far travell you this way ? francis cook . to cambridge . ga. so do i , what shall we get thither to night ; think you ? c. no , but to morrow in the forenoon , i hope , i use to ride easily . g. i will ride as easily as you , for i desire to have some talk with you about your brother scotten , what think you ? had it not been better for him to have been quiet , and have let his fellow sequestrators alone ? i beleeve he repents it now . cook . then it seems you think the old proverb is true , as good be a knave , as amongst knaves , i grant you , that if my brother scotten had not reproved them , and complained of their misdemeanors concerning the sequestration , they had not complained of him to the commissioners of the excise , nor sequestred his goods , as they have done : my brother heard before that some of them did threaten him , that if he complained of them about the sequestration , they would out him of the excise office : but not knowing wherein he had offended , was no whit deterred , but being bound by a double band to disclose their naughty doings , did proceed to complain against them , what though he did expose himself to their rage , he thought it better to do so , then worse . g. you seem to charge some committee men , and other officers ( i know who you mean ) to be knaves , i think you do very ill , for there be many deceived if they be not honest men , and very forward for the parliament : but i am not of opinion it is as good be a knave , as amongst knaves , but that a man should rather suffer any thing in his name , person , and estate , then joyn with knaves in their knavery , but it will be a hard task to prove them to be knaves . c. my bro scotten was once of your mind , he being in a manner a stranger to them , yet their seeming forwardnes for the parliament , and their cunning carriage , made him beleeve they were men converted , insomuch , that when they , or any of them suffered , he was bound to suffer with them , spake , writ , and spent much money and time in their behalfs , yea lost the favour of many great and good men in pleading their cause , for my br . bearing an honest mind , did think they had done so too ; and whereas you say i seem to charg them to be knaves , i do not love foul language , but when you have heard but some of their carriages , which are known to many , and may be proved against them , then i shall leave it to you , and to all men , to judge what they be . g. it may be they will say they can prove as much against your br . scotten . c. i am sure some of them have fouly scandalized him already , but they neither have , nor can prove the least tittle against him in his offices , that was in his power to help , and when it is known how their tongues are accustomed to slander , not only good men , but also great men , not sparing the parliament , nor the assembly of divines , and other orthodox ministers , then it will be thought no marvell if they shall deal so with my brother : but i shall passe by many of their misdemeanors , both in their words and actions , which although they are true , cannot be proved so clearly , an instance against them , and in the behalf of my brother scotten , in such things as are well known to many , and may be fully proved ▪ g. if you will do so , i le tell you after , what i have heard them and others affirm concerning your brother scotten , i would gladly know how you or he can answer them , for i desire to be rightly informed , if he be an honest man , he is much wronged . c. it is very true what the scriptures say , prov . he that reproveth a scorner , purchaseth to himself shame , and he that rebuketh a wicked man , getteth himself a blot : for i am well assured , my brother is exceedingly wronged by them , and by many others that side with them , since he began to reproove them , and complain against them : but i shall begin , and first i shall instance downham house , they selling the best of those houshold goods that were the bishops , to themselves , and to one another , at undervalues , insomuch that it is grown into a proverb in cambridgeshire , and the isle of elie , that luke voyce sold to l. voyce , &c. to make short , it is most certain , that l. voyce sold to himself , and to his sons , the richest , and the best of that houshold stuffe , except one room ready furnished and hanged with tapestry , for . l. to jam whinnell , which some say was worth . l. i never saw it to take any notice of it , and they made my brother beleeve they gave to the full value of them , untill every one cryed shame of their doings . secondly , i shall instance in downham parke , with the lands adjoyning , worth .l . per annum , l. voyce having a share therein , let it be examined what it hath yeelded to the state , i am sure it had not yeelded .d . when my brother complained in june . thirdly , mr. pigs goods sold , and part of his lands , let between ia. whinnell and his father , and w. nichols at undervalues . fourthly , some of them combine with th wilson of emneth , a notorious malignant to conceal about .l . from the state , which the said wilson was in arrears to mr. dove a delinquent . fiftly , the better to colour their naughty doings , after my brother had complained of them , they draw on . others , and give this th. wilson . months longer time , under a pretence it was possible he might cleare himselfe of the concealment of the said . l. when he had had to long time given him before , which they have done in favour to the said wilson , and in wrong to the state , and contrary to a former order consented to by the said wilson : and yet this wilson known unto them to be a bitter persecutor of my brother scotten in the bishops times , and a wicked reviler of the present parliament . sixtly , they under colour of their office , joyn with this thom wilson against a godly painfull preacher , approved of by the assembly , and put in by the honourable committee for plundred ministers , and made it cost him above .l , before he could enjoy the profits given him by the said committee , such is their hatred to godly preachers . seventhly , after my brother began to suspect them , he looked into their accounts , and found them to be defective , imperfect , and false , wronging the state for their owne advantage , not regarding their oaths . eightly , my brother complained severall times to some of them , that there were amongst them , that gathered up some hundreds of pounds , and paid it not into the treasurers appointed ▪ besides . l. one of them was in arrear to the late arch-deacon of ely , which was also the parliaments money : yet although my brother waited long , he could get no justice done amongst them . g. you need instance in no more , if you can but prove these , but if i be not deceived , your brother did complain of most of these things the of iune last , to the committee of the accounts of the kingdome , why did he not prove these things against them then ? c i 'le tell you why , they knowing themselves to be in an evil taking , and that it was like to fall foul upon them , they most cunningly contrive and plot which way to take of my brother from prosecuting his complaints against them , and to this end in july last , they seize and drive away his milch cowes , plow and cart horses and mares , in all , neere . head of cattell , besides neer .l . worth of cole seed , to the great affrightment of his wife and children , leaving his house destitute of necessary provision , his land untilled , and his harvest uncarted in , and besides leave a great scandall upon him : so by this means they take him off from proving his complaints , he had now another taske in hand , to clear himself , & to petition to get his goods again , his wife not being able to bear crosses so well as he , it was no little trouble to him , his family , and friends . g. why , but your brother was an unwise man , did he know his goods liable to sequestration , and would he go and complain against them , and so inrage them : he that reproves or complains against others , should be without fault himself . c. you say truly in that , i will not go about to justifie my brother , so as if he had no failings , but that he should be liable to sequestration is a riddle to him and me , one that hath been so forward for the parliament as he hath been . g. but i have credibly heard , that your brother did receive of jonas dunch of elye a collector .l . to pay in to the treasurers at guild-hall london , and he paid in but .l . to them , and kept .l . to himself , and for that they sequestred him . c. my brother will confesse that , and yet never the more to blame , for he was then treasurer , and at the request of ja. whinnell , did pay in . l. of the excise money at wisbeech , to mr. brown subtreasurer for the earl of manchester , for his d. part of the sequestration money in the isle of ely , there being then great need of the money , to go against crowland , and was to receive that l. again of ionas dunch at ely , in the way as he went to london : for said ia. whinnell , why should we be at cost and trouble to fetch .l . from ely hither of the sequestration money ? and must carry so much of the excise money thither towards london , both labours may this way be saved : my brother perceiving he spake reason , consented to him , and it was done accordingly : but now you have brought it into my mind , i will tell you of a pranke ia. whinnell did at that time , for the same time my brother received the .l . of i. dunch , which was in dec. he received also plate worth .l . odd shillings , which he carried up to london with the .l . my brother intending it should be sold , and at that time paid into the treasurer● at guild hall , but presently after their accounts were given in , the plate was sold , and ia whinnell pursed up the money , and had not paid it in the . sept. last , but made use of it himself all that while , if not still . g. but i pray you tell me truly , had not your brother scotten .l . of the states money in his hand when they distrayned his goods ? c. no , nor one penny , for he had expended more in the states service upon necessary expences then he had to account for to the state , so that although he had . l. . s. , d. for which he was to be accountable for : yet being allowed for necessary charges and pains according to the ordinance for sequestration , as it is there expressed , p. l. . in thes● words . lastly it is ordained , that all and every the said sequestrators and committee ; shall have allowances for their necessary charges and pains in and about the premises , as they shall be allowed by both houses of parliament . i say his expences being mo●● then his fellow sequestrators , and more then .l . . s . in two years , he had not ( as i said before ) one penny in his hand , is it probable that he should first complaine to some o● them , and after to others , that ja whinnell , wil. nichols , and ric. ponsonby , and others , kept the states money in their hands , and be guilty of the same offence himself ? g. why then did they sequester his goods , was not there first a fair tryall ? had he not notice given that he might answer for himself , before they did sequester him ? c. no , my brother scotten never knew of it untill it was done , was never summone● to make any account , neither was there any cause why he should , nor was he ever called t● answer for himself : but have you forgotten what i hinted to you before , it was to tak● him off from proving his former complaints against them , they would set him to work● upon another subject , to go see if he could get his goods and credit again , they would teach him to tell tales out of the school . g. if this be true which you tell me , they are most abhominable in their doings , and they have wronged your brother exceedingly , for as you say , the ordinance for sequestration doth intend allowance for necessary charges and pains , but if it did not , it seemes each of them had more in their hands at the same time , then your brother was to be accountable for : but what did your brother do when he heard of it , did he not desire his goods again , untill there might be a fair tryall , and know for what cause they sequestred him ? c. yea , what i have told you is most true , and i 'le tell you what my brother did , the first . or . daies he could not tell what to think upon it , that his cattle should be driven away , nor by what authority , nor for what cause ; at last he heard by the authority of ia. whinnell , l. voyce , and ric. ponsonby his fellow sequestrators , and w. nichols their collector , and that it was for this .l . he received of ion. dunch ( as you heard it ) and then he sent some neighbours and friends , to desire of them that he might have his milch cowes again , his plow , and cart horses and mares for his present use , and he would put them in what security they would require , that they should be forth comming the last of sept. then next following , in case he did not betwixt that and then ( which was about . weeks between ) bring an order to have them again , they peremptorily refused , yet my brother staid a while longer before he went to london to complain , thinking they had not been so far transported with rage , but upon cold blood they would have yeelded to so reasonable a request ; but after he perceived they had sold them , up he goeth to london and doth petition the lords and commons for sequestration , who after some weeks attendance , referred it to the standing committee at cambridge , to send for the parties on both sides , and their witnesses , and examine them and end , or certifie within a moneth . g. is it possible they should refuse to let him have his milch cowes , plow and cart horses and mares , those necessary cattle upon security , and that but for . weeks , this makes them more and more odious , and i think if these things be proved , they will be judged to be unfit men to be imployed in any office under the parliament . but what did the committee at cambridge in it ? c. my brother saith he is bound to honour that committee for their justice , for after they had examined . or . witnesses on his behalf , they perceived that malice was the cause they sequestred his goods , but because i. whinnell did alleadge that they could not have their witnesses there ( although they had warning and time enough ) and did further alleadge , that he must of necessity go to london , so that the month would be out , which was the time limitted to end the busines , the committee did not fully end it then , but ordered that for the present my brother should have his milch cowes , plow , and cart horses and mares again ( they being sold but for .l . as themselves confessed ) the committee being informed that the parties that had bought them ( considering how my brother was wronged ) were willing he should have them again , and further ordered ▪ that his other goods which were unsold , should not be sold , untill the cause was fully heard , and that if they did prove sequestrable , my brother should pay the said l. to the state . g. what hath your brother done , hath he yet got longer time of the committee of lords and commons , that the gentlemen at cambridge might hear it out , and determine it ? c. not as yet , for they would not obey the order of the committee of cambridge , untill very lately , that they heard they were like to be sent for up , to answer their contempt before the committee of lords and commons , i. whinnell being so far from obeying the order of committee of lords and commons , that since their order of reference to the standing committee at cambridge , he hath forged a warrant , and counterfeited hands , and sent men into norfolk with that forged warrant , hath taken . coombe of cole-seed from my brother , which grew there , where he had nothing to do to sequester , pretending in the warrant , he took it for the state , but caused it to be brought into his own chamber at wisbeech and then said he had a right to it himself , this forged warrant my brothers sonne did get from the men , and it is to be seene with the counterfet hands : besides , insteed of obeying the order of committee of lords and commons , and of the committee of cambridge , they did still proceed , and seized upon my brothers wheat , imprisoned and fined those that did help him to make money for the reliefe of him and his family , notwithstanding that the much honoured governour of the isle ( at my brothers request ) required them to forbear , and yeeld obedience to the said orders . and now my brother hath voluntarily sent in his accounts in particular to the commissioners for the accounts of cambridgeshire , where it will evidently appear , that my brother was to be accountable but onely for .l . , s. .d . of the states money , before they sequestred his goods , which being not so much as he expended in the states service in two years upon necessary charges , it must needs follow that he had not one penny of the states money in his hand when they sequestred his goods ( as i said unto you before , ) which when the standing committee at cambridge perceive plainly to be so , they cannot but in justice restore to my brother all his goods again , they being so unjustly taken from him , and allow him for reparation of his losses , his dammage being very great in his estate , besides what he hath been damnified in his credit , which is not a little , a good name being better then precious ointment , as solomon saith . g. some say ia. whinnell gave it forth he would not have sequestred your brothers goods , but that he was the cause to hinder his brother in law for preaching any more at wisbeech ; and they further say , that very many there are much imbittered against your brother for that . c. yea i heard that ia. whinnell did say so , but i do not beleeve for all his saying , that that was the cause alone , but it is true , that many people thereabout are much inraged against my brother for that ; but they have no reason so to be , i hope they will see their errors one day , and be sorry for them . g. i le tell you now the particulars they reckon up against your brother , they do not let to say , he hath beene a contentious man most part of his time , and they instance in these following . first he contended with vicar giles . yeares together , and with his son in law tho. wilson , not only about the ship money , but also about trespasses ; and that your brother almost alone in the countrey opposed the paying of the said ship-money , in so much that men were constrained to distraine him for it : and now in reprooving his fellow sequestrators and then complaining of them and of their collector will nichols . and then speaking of ja. whinnels debts and arresting him at london and that yo●r brother was the cause of the displacing the vicar of wisbeech . and that he framed a false petition to the committee of plundered ministers , to get in a minister in the roome of a delinquent minister that last had it . and that it was agreed on betweene him and the minister , that it he could procure the personage for him , it being worth . l. per . an. he should have it for l. a yeare . and that your brother being in debt . to mr. nichols a preacher that formerly had the said parsonage , did threaten him in writing , that unlesse he would forgive him his debt , and let him his personage still , he would complaine of him to the parliament , for he knew faults enough by him that would cast him out , but if he would doe the former two things , let him be as bad as he would , he would not meddle with him . and they say your brother hath sought to be revenged on ja. whinnell , complaining against him to the committee of examinations , and they speake hardly concerning the witnesses that testified against him , because they did not complaine of it before , and they say further that he is such a strong presbiterian that he is the only man that opposeth their proceedings in those parts about religion . c. if all these were true , my brother were bad enough , though many of them deserve praise , were but the weather sociable , the wayes cleaner , or the wind lower , i should spend two houres time in answering these things , but being as it is , i shall be very briefe , but so as i hope i shall make it plainely appea●e that in most of these things my brother deserveth praise , and that some of them ( as they are reported ) are very false . i shall begin with vicar giles or iame giles ( for so he was called ) my brother living in the same towne with him and farming the parsonage there , heard him deliver these popish points , that men since the fall had abilitie to keep gods commandements . that the second commandement was indeed no commandement , but a commentary on the first . that it is not lawfull for lay men to read the scriptures , that some men were in heaven for their good workes , that before the words of consecration , the bread in the sacrament was indeed bread , but after those words , it was the very bodie of christ and ought to be adored . my brother after two or three times talking with him concerning these points in private , he still persisting , after prayers were ended my brother told the people that mr. giles taught them false doctrine , mr. giles said beare witnesse , and shortly after obtained of the church-wardens to present my brother in the bishops court before doctor eden , who suspended him and injoyned recantation . but because my brother would not deny the truth , he brought above . witnesses before the bishop and dr. eden at the bishops pallace at downham to prove giles his evill life and false doctrine , bishop buckridge only reproved giles . about this bishops death , vicar giles about with this businesse againe before dr. eden at cambridge , my brother because of dr. edens injustice there , was advised to appeale into the arches where it became two suits , dr. eden was advocate for giles there , after vicar giles neglected dr. eden , and then he turned to my brother , and advised him to sue giles in the audience , but after a yeare or two the dr turned to giles againe . after many yeares my brother was cast in the arches both in the gravamen and the principall cause by sir io. lambe , at which time and before my brother sought agreement with vicar giles , and offered him money enough no , saith vicar giles , i seeke not your money but you ; you shall recant . he had thought to have converted my brother to him : but he being resolved not to deny the t●uth , what ever came of it , appealed to the delegates : after or . yeares there , d. eden being still advocate for giles , both suits past against my brother , who again tendred vicar giles all cost , and a great deal more money , but nothing would serve the vicar , but he must recant ; he would not , so it cost my brother in year●●t being in . courts , what with transmission of all the books , many commissions , one charge or other ) above . l. and was constrained to live for the most part of . years and a half about london to keep from the vicars rage : this t. wilson was then solicitor , against my brother in the behalf of his father giles , and persecuted him fiercely , and caused my brother during the space of these . years to be presented at doctor edens court at ely times and more , because he went to hear the next preacher , when vicar giles did not preach , he usually preaching not above once in . or . weeks : at last a parliament came my brother did petition against this giles , and against doct. eden , sir i. lamb , iudge bartlet and others , for injustice , he had vicar giles voted an unfit man for the ministry , by the grand committee for scandalous ministers . but his other petition against the iudges for injustice to his dammage l. was referred to the committee for courts of iustice , my brother attending with his witnesses at both the committees , untill one charge or other cost him .l . and then the troubles of the kingdom grew to be so great , that private causes were adjourned , and there that petition lyeth still ; but vicar giles died , it was said he poisoned himself ▪ as for t wilson for trespasses , my brother brought onely , actions against him , when he might have brought ten , and did not that neither , untill after th. wilson sued him for pigs once comming into his yard , and my brother did prosecute but one of these actions to execution , although thom. wilson was cast in them both , and this th. wilson amongst other of his almost incredible malicious actions against my brother , did cause him to be taxed at emneth for the ship-money , in such a disproportionable manner as was unreasonable , insomuch as my brother found so much justice from the sheriffe and high constable , that they laid a great part of that taxe upon t. wilson , and eased my brother there , for should my brother have born all his wrongs , it had been more then unexpedient ( as one said wisely ) it would have inspired him with boldnes , and so drawn on more injuries : evil natures grow presumptuous upon forbearance , in a dogged stomack which is onely capable of the restraint of fear : the silent digestion of a former wrong , provokes a second : and religion allowes us asmuch of the serpent as of the dove , it is our duty indeed to be simple as doves , in offending them , but we are no lesse charged to be wise as serpents in defending ourselves . g. but let me interrupt you a little , is that this th wilson of whom your brother complained of before , that ia. whinnell , and w. nichols combined with to deceive the state ? and that he and the rest joyned against that painfull preacher put in by the parliament , c. the same man , i 'le warrant you he is no changeling , but i 'le proceed . as for my brothers standing out . years against that illegall taxe of ship-money , and suffered .l . to be taken from him by violence in that time , this hath been since counted for a good work in others that did the like , and i hope it will not now be taken by the wise , for contention in him : for his arresting i. whinnell in iune last at london , needs no other answer but this , that he knew not otherwaies how to get his money ; and for speaking of his debts , and complaining of his fellow sequestrators , i gave you a hint of that before , after many of his debts came to my brothers knowledge , he was forced to reveale them to save himself , in giving a reason to capt. cole , l. voyce , and others , why he was so earnest to have w. nichols sent for to bring in his accounts and money , for that he knew them to be both poor , and in debt , and not responsible for . or .l . they had collected , ( or more for ought he knew ) they having paid in none , and the ordinance of sequestration expressing , that the committee shall be answerable for the acts and doings of their colectors , and knowing if that money miscarried , the blame must light upon him , he l●●●●g in the same town where i. whinnell and w. nichols lived , and they . miles of , if he did not make it known , and disallow of their doings : besides , my brother had taken an oath to do all things to the best advantage of the common-wealth , so that as i told you in the beginning , he was bound in a double band to reveal them , and could he have had just proceedings at home amongst his partners , when he made severall journies to ely for it , he had not been forced to have complained further off for his own safety : and for my brothers pains and cost in getting out the former vicar of wisbeech , put in by the bishop , and was judged to be so unfit for the place , that there was not one that voted for him , but when he offered to shew some hundreds of hands in his behalfe , it was said they needed no other evidence of the ignorance and blindnes of those people that would set their hands in the behalf of so unfit a man to be their teacher , and that they had need of an able minister to teach them better , and commended mr. barthol . edwards , and my brother for their good paines , where so few joyned with them : and i hope those that set their hands for him , will one day ( when they are better instructed ) say it was a good work , and help my brother to some of the money again he is out of his purse about it . and as for framing a false petition , and agreeing before hand with a minister , that if he could procure him the parsonage , it being worth . l. yearly , he should farme it for .l . per an. this is utterly false , in every particular : and that my brother was in debt .l to mr. nichols , or .d . either , is utterly false , he owed my brother above . l. which if he would have set but a part of it off when he received his rent ( according as he had promised in his letters , ) there had been no more ado ▪ for it is well known ; my brother at that time ( which was about the beginning of this parliament ) had store of money lying by him , and did lend to poore men at their needs , but owed no money to mr. nichols nor any other man ; except that debt for trespasse to tho. wilson , the costs of the suit amounting to . l. . s. which his atturney had ready for him , and he might have had it , had not malice so farre prevailed with him , as to sue my brother upon the same judgement , to put him to more charges : and mr. nichols had reason to let my brother his parsonoge , for that hee paid him his rent at his times . and the letter he sent to mr. nichols , hath no such thing in it , as is falsly said to be ; and it is to be seene and ( the cause of it rightly considered ) deserveth praise : and i hope my brother hath not sought revenge , against james whinnell and the rest , his complaining at the committee of examinations , and accompts being in iune , which was before they sequestred his goods , and so could not be in revenge of that : but the revenge will fall upon them , for after my brother had reproved and complained of them , then they to be revenged of him , sequester him : again to seeke to the magistrate for iustice , is not revenge : and so did my brother : but they to fall upon him themselves ( who was a sequestrator with them ) and spoile him as they did , this is revenge in them : neither was my brother the first moover of those articles against them , but being at a gentlemans house in london , he heard two letters read , which came from about wisbeech , complaining of the outrages and uncivill carriages of iames whinnell , and others that sided with him , aleadging that if the parliament knew what a man they imployed they would not owne him : hereupon my brother spake of some things that hee and others could prove against them . a gentlemen being by , said , men could not keepe their oath and covenant , if they knew such things and would not complaine of them . hereupon my brother did put them in writing , and with others did goe to the committee of examinations , and as for those that either thinke or speake hardly of him , and those that did testifie against james whinnell ; for which he is sentenced and imprisoned : i thinke they have little reason , for who could hear such a well deserving honourable person , which hath done so much good , not only since the parliament began , but like●ise before ? for which he deserveth to be had in everlasting honour : that both hee and his honourable familie should be scandalized in such a high nature , and not endeavour to bring the authour thereof to dondigne punishment : but to stop the mouthes of all such , they may take notice , that there be others that heard him speake the same scandalous words , and that a gentleman hath given it under his hand in writing , that if he bee called , hee will testifie he heard james whinnell speake the same wicked words : and there be others can testifie that the hearers of those words did speake of them the same day , but there wanted a fit opportunity before that time to make them knowne in its proper place ▪ and i beleeve my brother is so farre from revenge , that notwithstanding the wrong hee hath received , he could be content to joyne in a petition to that noble lord , that although hee hath wronged his lordship in such a high nature ( yet upon his humble submission ) hee might be enlarged . and whereas they say my brother is such a strong presbyterian &c. i le tell you hee is so farre from sideing so , as to make the breach wider , that hee honours all those that bee godly men ; whether presbyterian or independant , not pretending to have so much knowledge as to conclude certainely which is the best , where so many godly men do differ , yet according to that small measure of knowledge he hath , his judgement is rather inclin●ble for the presbyterian : but desires to wait untill it shall please god to reveal those things to his humble servants that seeke unto him . but i le tell you what kind of people my brother doth not approve of , such as the apostle peter and jude speakes of , which speake evil of those things they know not nor understand , someing out their owne shame , and walking after their owne lusts , one of them affirmed openly in the market place at wisbeech , that a godly learned preacher , that preached there , could a ly in the pulpit , because he said whom god loves once he loveth to the end , and cited iohn . to prove it : and threatned hee would pull him out by the eares , if he came thither againe . and ( the same man iames whinnell ) another time comming to carpe at an able ministers doctrine , now placed by the honourable committee for plundered ministers , in wisbeech , tels him the scriptu●es are plaine enough of themselves , they neede no interpretation . this preacher demands of him , what hee thought of those places where it saith the eyes of the lord , and the arme of the lord and the like , whether he did thinke that god hath eyes and armes as men have , yea saith he , i thinke so , for is it not said ? god made man after his owne image . and this man hath many that side with him , and seeke to uphold him ; such as call our best preachers baals priests , rascalls , and the like , although they be such as the apostle paul commendeth , workemen which neede not be ashamed , but are able to divide the word of god aright ; yet themselves ( whilst they thus vilifie godly preachers ) are profane in their lives , not regarding the lords daies , ( but speaking their owne words , and doing their owne workes on those daies ) nor observing the fast daies , but minding feasting rather then fasting when god and men call for it . gualter , i am very glad to heare your answer concerning these complaints , for certainly most of these things deserve praise , we have had too few such men , as your brother . c i am glad to heare you judge so rightly of them , he spake truly that said , truth may loose at the start , yet it will get ground afterwards and winne . i le tell you of two or three things more , my brother hath done , that his adversaries will now hardly speake of , but if the kings partie should prevaile they will be laid open to the full . at the first setting forth of the parliaments propositions for horse , men , money , and plate , my brother lent and expended above the tenth part of his poore estate , in iuly . and iuly . ● . he listed two ●●●at horses in moor-fields with their riders ready furnished , valued at .l . besides he kept them in london one moneth , at shil. per diem , which cost him about pounds more : they went forth in major gunters troope , the first was raised but the lord brookes , if every one of his ability had then hearkened to the parliament , and set forth but one such horse with his rider , ( or the value thereof in money ) at that time as the citie of london did abundantly in all probability their forwardnesse would so have damped the other side , that they would have had no hearts nor hopes to have taken up armes , and so all this unnaturall warre had beene prevented , and many thousand of mens lives preserved and multitudes that have beene plundered and undone , would still have beene in a flourishing condition . i speake not of those that were contrarie minded , for if all men had beene for the parliament , they had not needed to have prepared for their defence , i onely speake of those that seemed to bee so , but did nothing or very little untill it was too late : my brother being at london in iuly aforesaid , when he listed his horses and their riders , it being in harvest time ( he not regarding so much the getting in of his harvest as the peace of the kingdome ) meets with a country gentleman of his acquaintace , who admired his forwardnesse , my brother answered him , he did it to keepe peace , for said he , if the countries would doe as many of the londoners and i have done , it would be a means to preserve peace , the gentleman answered , my brother said well , but i thinke at that time he did but little , but it hath cost him the price of many such horses since . gualter , but why doe you speake of this ? now it is too late to helpe it . c. i speake of it to this end , first , that many who now ly under sundry grievances may cease to murmure against others , and repent they came not timely to helpe the lord against the mighty , for it may be now said unto them , as paul said to the marriners and master of the ship , in another case , sirs you should have hearkened to the parliament , and have saved all this losse ; and as they were faithfull unto you , who made choise of them , so ought you to have beene , and not have deserted them : and the cause in which your selves were interessed with them , when they made it publiquely knowne , there was need of your helpe . secondly to shew my brothers faithfulnesse and readinesse at that time which the parliament must needs take as an acceptable service , what though it resemble the two mites cast in by the poore widdow , in comparison of what others did . thirdly to shew the evill disposition of those that derive their power from the parliament , and have so ill requited him , as to take away his cattle and goods without cause . after this my brother had only two sonnes , men growne , both which hee set forth to beare armes for the parliament , who have voluntarily jepordide their lives in the high places of the fielde , have beene in the greatest fights , ( and though i say it ) they are men that have behaved themselves so as they have had praise . besides my brother himselfe followed the armie , at least three moneths , to encourage the souldiers at his owne costs ; after which he comming to wisbeech , was a chiefe instrument to preserve the ile of elye out of the hands of the parliaments enemies , for hee hearing that sir ier. scroote raised souldiers about gednie-cap welby , neare sutten , and others began to fortifie crowland of another side , and linn regis of the other side : and captaines entertained at dodington in the said isle , and began to fortifie there , capt. pigg spake of beating up a drum about wisbeech for souldiers , and that the castle of wisbeech was in the hands of the parliaments enemies , whether men and ammuniton might be quickly and closely conveyed both by land and sea , and that divers captaines were entertained at wisbeech and thereabouts and all enemies to the parliament . my brother began to draw a petition for prevention , and acquainted andrewe burrell esq . with it , who advised with him about drawing up of the same , which petition for secresie had not above hands to it , was speedily carried to arrundel-house , in london and mr. earle the parliament man . s●nne in law to the lord say caused it speedily to be read in the house of commons , whereupon an order was the same day posted downe to collonell cromwell , who without delay sent downe capt. dodson ( now governour of crowland ) with his company of dragoones , who instantly tooke posession of the castle of wisbeech , my brother rested not here , but master burrell , capt dodson and hee with some others cast about which way to raise a company of voluntiers about wisbeech to joyne with capt. dodson , which was soone brought to passe , with the assistance of that deserving honourable ( and never to be forgotten ) lief . gen. cromwell mr. burrell being at great charges of drum , collours , men , musquets , powder and match : besides his lending the parliament neare . l. worth of plate , which he did to encourage others , although he might ill spare it , in respect of his great losses both in ireland and england . capt. dodson did bravely many waies , and so did some others , and to give ia. whinnell his due , he was forward in these things , which caused my brother scotten to thinke so well of him as he did : my brother was at cost of maintaining three men more besides himselfe in armes did beare his part of the charge to maintaine a captaine to traine them and lead them forth as occasion should be offered . and himselfe his men and horses with their armes have beene out against crowland . or . daies and nights together , and at other places as occasion required and all at his owne costs . by all which meanes ( with the blessing of god ) the isle of ely was preserved , and so crowland , and linn , sooner reduced to the obedience of the parliament . and yet for all this my brother to be spoiled and plundered by iames whinnell , luke voyce and richard ponsonbye sequestrators for the parliament , is such an act as is almost incredible , and whether they themselves by doing hereof bee not lyable to sequestration by the ordinance of parliament in that behalfe , i leave to others to judge , see the ordinance p. . l. . and it is further observable how these men presevere in their evill . thomas wilson that knowne malignant could have time after time , granted unto him under a colour it were possible he might cleare himselfe and the rest of the aforesaid concealement , which they denyed to mr. burrell who had done as aforesaid , and was much oppressed in taxes otherwaies , and utterly deneyed any time at all ; to be given to my brother to cleare himselfe . g. you have defended your brother scotten well hitherto , and set forth his deserved praise and have laid open the great abuses of his adversaries , which when authority shall understand they will undoubtedly repair him in his dammages and punish those that have thus wronged him ; but there is one thing more , if you could cleare him of that , it would do well . he hath lost it seemes the favour of the commissioners of the excise , and it will be thought those grave aldermen would not have beene incensed against him if there were not proofe that he were faultie . c. you say very true , and i shall declare the particulars of that also the greatest matter the commissioners have found fault with him hath beene his absence from the excise office at wisbeech divers weeks . g. that 's cause enough to turne him off , and to get a carefuller man in his roome , it s a great fault for any man to take charge and trust upon him , and neglect it ; how can you answer that ? c. no way but this , my brother was at charge of another in his roome , and his absence was a forced absence , i 'le tell you how , he by means of i. whinnel , did deliver .l . to ric. towel , upon . feb. . which he promised to pay in to mr. iackson at the excise office at london within a month , it being a usuall thing for this r. powel and his partner , to receive money about wisbeech country , and lay it out there for fat beasts , and when he had sold them at london , to pay in the money there , this r. powell and his partner had lately before that , received .l . of my brothers son , and had paid it in according to his promise and his partner received above .l . of my brothers son not long after , which was paid in accordingly : but when my brother came in at the end of the quarter to see the bookes made even , there wanted this .l . it would not be found received in the books , my brother repaired to r. powel , who could show him receits for all the other money , but none for that , my brother waited weeek after weeek , for . weekes , hoping he would have paid it in by fair means , after that would not be , he arrested him in london , hoping to have had a tryall quickly , but r. powel removes it by habeas corpus , to keep it from tryall : then my br . petitions the commissioners of the excise , that they would get this r. powel sent for before the committee of parl. for the excise , the commissioners gave order to mr. skinner so to do , who indevoured it : but after my br had waited a month longer in london , hoping to have had a warrant for r. powel , at last the committee would not , they would see a tryall at law first , so by this means he was forced from the excise office . weeks . g. did not i whinnel after this time meet your br . at the excise office ? and affirmed before the commissioners that this r. powel was an honest man , did he not pay in that pounds think you ? and lost his acquittance . c. j. whinnel did say so before the commissioners , but i think he is such another honest man as i. wh. is , who likewise received money of my brothers son at wisbeech , to pay into the excise office at london , but did not , for which ( with other money ) my brother now sueth him . and these words of i. whinnels must needs reflect upon the receivers of the money in the excise office , for my br . hath . witnesses that r. powel received this . l of him , but it is no great matter whom i. whinnel cals honest , nor whom he accuseth to be dishonest , for i beleeve r. powel hath not paid in the money , for . or . daies after the moneth was ended , in which time r. powel promised to pay it in , my brother spake with him , and then he confessed he had not paid it in , but said he was to pay in above . l. more , which his partner had received of my brothers son at wisbeech since , and he would pay it in all within daies after , besides i cannot find but the officers that receive the money are very exact in setting down what they receive . g. but is this . weeks absence all they have against your brother ? c. no , he was but one market day at the excise office at wisbeech in . moneths after this time , the cause you heard in part before , for i. whinnel and l. voyce having threatned him that in case he complained against them about the sequestration , they would out him of the excise , and he did complain of them as you have heard , after which l. voyce being in a rage at cambridge , said of my brother scotten , he was an ill bird to defile his own nest they would shew him a trick , and so they did , when shortly after they sequester his goods for by that meanes they did not onely prevent my brother from prosecuting and proving his complaints against them , in putting him upon another businesse , and disgracing him , as i told you before , but also he must be forced from the excise office , that so they might complain of his absence there , for as you heard before , it took up his time for the most part from the latter end of iuly ( the time they sequestred him , what at london & at cambridge , and to and again ) untill the latter end of sept. which is . weeks , which with the former . makes his absence to be . weeks from the office , he was there present onely one week , in that time . g. this was a cunning plot indeed , it hath more in it then i understood at first , for by this one act of sequestring his goods , they did not onely so far forth revenge themselves of him , as to take away his present maintenance , and all manner of relief from himselfe and his family , and disgrace him , & so disable him from prosecuting and proving his just complaints against them , but also to force him from the excise office , that they might complain to the commissioners of his absence from thence , and so to deprive him of that place , as an unfaithful man in the trust reposed in him , yet methinks if the commissioners were rightly informed of these things , they would not be offended with your brother , he having another in his absence , for what losse can it be to the state if a sub-commissioner be absent sometimes , if he be at charge of a sufficient man in his room ? c. you conceive very right , yet i 'le tell you , because they would make sure to keep him from the excise office , l. voyce and i. whinnel joyn with this t. wilson , to cause my brot . to loose l. due to him , and they had prevailed , had he not spent some weeks in london to prevent them , and my br . did endevour to inform the commissioners of these things , but his memory being short , he could not make things so plain unto them , as i have done now to you , besides my br . had many adversaries , not onely l. voyce , and i. whinnel , but all they could procure , with the states venison in downham park , and otherwais neither do i know any losse to the state , if an honest sufficient man , and one that is well acquainted with the busines , be there in the absence of a subcommissioner , such as my br . had , for he had his br in law●fr●●erkins and his son , who kept the office the summer before , when i. whinnel was absent . weeks . g. now you have brought it to mind , i have heard they made some complaints against your son , as if he were unjust to the state in some trifling sums as much as came to . or l. & that he used some men hardly that did not bring in their mony when they should . c. it s true enough that i. whinnel gave in a writing against my br . and his son both , but this was after both of them had found much fault by i. whinnel , and had complained of his naughty doings at wisbeech ( my br . being loth to trouble the commissioners with complaints against him , whom before he had commended to them ) and likewise after my br had informed against him and the rest , at the committee for accounts of the kingdom , and the honourable committee for examinations , but i. whinnel could not prove the lead tittle against them for unjust dealings , nor did he go about it , neither do i beleeve the commissioners gave any credit unto it : neither had they any reason , for he that will scandalize godly ministers , and the whole assembly of divines , the parliament , and the worthy members of both houses ( such as did never meddle against him ) and forge a warrant and counterfet hands to it , as i told you before , and counterfets my brothers hand , and puts it to a petition against i. hubberd esq . and other gentlemen about wisbeech , when my br . was . miles off , and never knew nor heard of it , causing those gentlemen to think hardly of him without a cause , it is no marvell though he scandalize my brother and his son , who had complained against him before . g. but did not i. whinnel now of late complain that your brother was behind hand in the excise office for money he should have paid in there ? c. sure enough , but he never told them of the .l . at a time , and more , that he gathered into his hands of the excise money at wisbeech , upon the sabbath daies , of mr. marshals clark the brewer , and others , which was more then he should have received : nor how he wronged my brother between . and .l . in one quarters book and a half , my brother di● acknowledge that the .l . in r. powels hand was owing to them , and that he did keept in his hand . l. when they began to put the money into the iron box my brother had provided before with locks and keys , because i. whinnel and w. nichols had . l. in their hands , besides the other money my brother now sues him for , and besides the money he gathered upon the sabbath daies as aforesaid , but my brother withall told the commissioners , that when the .l . in r. powels hand was paid in , there would be money coming to him ( he having his salary allowed him in his forced absence as aforesaid , being at charge of another in his room , as ja whinnel had the summer before in his absence . weeks ) besides my brothers part in the ● . l. taken from them ( to use against crowland ) his share therein being above . l. for that he was out of purse above .l . in hiring men to go abroad about the excise money , and other things in the first setling of the excise office ( as by his account i. whinnel hath approved of ) appears , which , l. my brother did promise to pay in , hoping he should have got it where it was due : but i. whinnel , l. voyce and t. wilson aforesaid prevented him , but he hopes the commissioners will yet be pleased to be assisting to him in getting the said l this next term when it come to tryall . g. did not the commissioners blame your brother for that he was a means to bring ia. whinnel into that office , by commending of him to be a fit man for a subcommissioner . c. yea they did so , but my brother told them he was exceedingly deceived in him ( as some others have been ) he had hoped he had been converted from his former deboist and evill courses , but since he hath found , he is like the dog , turning again to his vomit . g. i see nothing yet but your brother ( being a man so well deserving of the parliament ) might be still continued in his office of excise , for to deal truly with you , i had much ado to refrain my selfe when you told me how he was persecuted by ●ic●giles and his son wilson , and had such injustice by those judges , and how he stood out to the end , & would not deny the truth , though it cost him .l . and how since to his cost , he hath with stood the illegall tax of sh●p-money , hath been at cost , and taken pains in removing bad ministers in the place of his aboad , and been a means to help good ones in their room , been so forward for the parliament , that it cost him above the tenth part of his estate , hazarding his own life and his sons for the parliament , and the cause maintained by them , hath been a means to preserve the island where he dwels from being under the power of the enemy , the state thereby having the benefit of the excise : and yet to be scandalized , disgraced , and counted as an evil doer , made to suffer so much losse in his estate , & that by men deriving their power from the parliament , and such as would be taken to be for them ( being so ungratefull to him that hath suffred so much for them ) i say i cannot but take it to heart , and certainly all good men that hear it , must needs do so , and therefore i would advise you to put this our conference in print , that it may be published to vindicate your brother , who hath been so publikely disgraced , and give to each of the commissioners , and such committees as it most concerns , a little book , i cannot think but they will have a good opinion of your brother , and shew him all lawfull favour , for there is nothing in it that casts the least spot upon the parliament , nor any good men in authority under them . c. i thank you mr. gaulter for that you give credit to what i have told you , and for your good counsell , and that you have a fellow feeling of my brothers sufferings for his wel doing , but i must tell you , my brother was resolved never to have joyned with i. whinnel any more in the excise office if he might , for he hath been a great looser by his meanes , since he trusted him , and since i. whinnel was sentenced out of his offices , my brother hath not been with the commissioner for the excise ▪ fo● as he sought not for that office at first , so hath he not gone about to make friends to continue ●● , although for the better taking of all scandall from him , he could willingly have joyned with some sufficient honest man . but now i hear certainly the commissioners have made choice of others , and have much indeavoured to choose honest men , yet i conceive if it were published , it would be for the benefit of the state , and so far from casting the least aspersion upon the parliament or any committees of parliament men , or others that are good , that it sets forth their deserved praise , besides it may be a means to vindicate my brother scotten , nor onely before the commissioners of the excise , but all others that have been deceived by false reports , and so repair him in his dammages , and lay open the abuses of such men as ( in some respects ) are worse then that unrighteous judge , that neither feared god , nor reverenced man , resembling those ungodly men that are crept in unawares , of whom iude speaketh , that they may be brought to their de●erved punishment & further it may be usefull to all , first to confirm this truth , that no bonds of friendship will make wicked men faithfull to godly men therefore try before you trust , have good experience of the conversion , conversation , and faithfulnes of men , before you trust them so far , that if they prove perfidious they may do you a mischief , take heed how ye both reprove a scorner , or cast pearles before swine , the former will endeavour to work you shame , the latter will rend you , imbrace that counsel as much as in you lieth ; have peace with all men , but because peace alwaies cannot be , for we are exhorted to contend for the faith once given to the saints , and there is a what peace &c and the wisedome that is from above is first pure , & then peaceable , therefore secondly , let every one resolve to do his duty in his place , although he be accounted contentious or a busie man for his pains , were nehemiah now living amongst us , & should do as he did in ierusalem , as you may reade . . he would certainly be counted a contentious busie man , yet he had peace within , and could say , remember me o my god in mercy , in the good that i have done : i 'le tell you ( to gods praise and glory be it spoken ) that during all that . years and above that my brother was troubled and persecuted for contending for the faith against vicar giles , that it cost him . l. he was not worse in his estate at the end of that time , . d. finally , if god see it good otherwise , as to suffer evil men not only to raise and spread false reports of his people , but also to spoll & depri●● them of many of these outward blessings , let us remember what paul saith , phil. . . . and in nothing terrified by your adversaries , which is to them an evident token of perdition , but to you of salvation , and that of god , for to you it is given not onely to beleeve on him , but also to suffer for his sake . observe the words well , a suffering condition is a gift , as well as faith , which god useth to bestow upon his beloved ones , to adorn them withall . now mr. gualter are welcome to cambridge . g. i thank you mr. cook both for your company , and for the good satisfaction you have given me concerning your brother , get it printed assoon as you can , good use may be made of it many waies , and if it give not satisfaction to all , yet it will to many that fear god , & have experience of the enmity that is in the seed of the serpent , to the seed of the woman . finjs . london , printed according to order , by thomas paine , . die martis, . aug. . an order of the commons assembled in parliament, for limitation of the committee for fifth and twentieth part at haberdashers-hall england and wales. parliament. house of commons. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) die martis, . aug. . an order of the commons assembled in parliament, for limitation of the committee for fifth and twentieth part at haberdashers-hall england and wales. parliament. house of commons. sheet ([ ] p.) printed for edward husband, printer to the honorable house of commons, london : [ ] publication date from wing. signed: h:elsynge, cler. parl. d. com. annotation on thomason copy: "octo: ". reproduction of the original in the british library. eng great britain -- history -- civil war, - -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no die martis, . aug. . an order of the commons assembled in parliament, for limitation of the committee for fifth and twentieth part at england and wales. parliament. a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion die martis , . aug. . an order of the commons assembled in parliament , for limitation of the committee for fifth and twentieth part at haberdashers-hall . ordered by the commons assembled in parliament , that the power of the committee at habberdasher-hall shall not extend from henceforth to any person or persons whatsoever for assessing them for any fifth part , or for any fifth or twentieth part , save only unto such person or persons as are or have been delinquents to the parliament , and unto such person and persons as have not voluntarily contributed in any place whatsoever to the parliament . h : elsynge , cler. parl. d. com. london : printed for edward husband , printer to the honorable house of commons . to the right honourable the house of peers assembled in parliament, the humble petition of the knights, gentlemen, ministers, freeholders, and other inhabitants of the county of kent this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing t ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing t estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) to the right honourable the house of peers assembled in parliament, the humble petition of the knights, gentlemen, ministers, freeholders, and other inhabitants of the county of kent england and wales. parliament. house of lords. sheet ([ ] p.) printed for joseph hunscott, london : . "this is the perfect copy which was presented to the house of peers on the eighth of this instant february." reproduction of original in huntington library. eng church and state -- england -- early works to . great britain -- politics and government -- - -- sources. kent (england) -- politics and government -- sources. broadsides -- england -- london -- th century a r (wing t ). civilwar no to the right honourable the house of peers assembled in parliament. the humble petition of the knights, gentlemen, ministers, freeholders, a [no entry] c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - elspeth healey sampled and proofread - elspeth healey text and markup reviewed and edited - pfs batch review (qc) and xml conversion ❧ to the right honourable the house of peers assembled in parliament . the humble petition of the kinghts , gentlemen , ministers , freeholders , and other inhabitants of the county of kent . sheweth , that the petitioners do with joy and humble thankfulnesse acknowledge the good correspondency and concurrence , which ( by the blessing of god ) this honourable house hath held with the worthy house of commons , in passing the bill to take away the votes of the prelates in this honourable house , and disabling them from temporall imployments ; and for setting the kingdom into a posture of warre for its defence . and the petitioners do in like manner most humbly and heartily prosesse . that they will ever honour this honourable house , and to the utmost of their power defend the same , so farre as your lordships shall continue to hold correspondence and concurrence with the said house of commons in all their just desires and endeavours . upon which the petitioners do humbly conceive , greatly dependeth the peace and welfare of this kingdom . and the petitioners most humbly pray , that this honourable house ( declaring therein your noble resolutions for the publike good ) would be pleased to go on with the said house of commons , to a through reformation , especially of the church , according to the word of god ; to presse dispatch for the ayd of ireland ; to expedite proceedings against delinquents ; to vindicate parliament priviledges ; to discover , remove , and punish evill councellors ; to deprive the popish lords of their votes ; to difarm and search out papists , and put them into safe custody ; to suppresse masse , both in publike and private ; to cast out scandalous ministers , plant painfull preachers every where ; and discover who are church papists , as well as known recusants , and the petitioners shall daily pray , &c. this is the perfect copy which was presented to the house of peers on the eighth of this instant february . london , printed for to joseph hunsco●t . . a true copy of the letter sent from the lord mayor, aldermen and common-council, at a common-council holden in guildhall london, on the th of december, directed to the right honorable george moncke, general of the forces in scotland. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing t thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) a true copy of the letter sent from the lord mayor, aldermen and common-council, at a common-council holden in guildhall london, on the th of december, directed to the right honorable george moncke, general of the forces in scotland. aleyn, thomas, sir, fl. . city of london (england). court of common council. sheet ([ ] p.) s.n., london : printed in the year of our lord, . [i.e., ] expressing their approval of his resolution to vindicate the civil and religious liberties of the country. reproduction of the original in the british library. eng albemarle, george monck, -- duke of, - -- early works to . great britain -- politics and government -- - -- early works to . london (england) -- history -- th century -- early works to . a r (thomason .f. [ ]). civilwar no a true copy of the letter sent from the lord mayor, aldermen and common-council, at a common-council holden in guildhall london, on the th aleyn, thomas, sir a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - jonathan blaney sampled and proofread - jonathan blaney text and markup reviewed and edited - pfs batch review (qc) and xml conversion a true copy of the letter sent from the lord mayor , aldermen and common-council , at a common-council holden in guildhall london , on the th . of december , . directed to the right honorable george moncke , general of the forces in scotland . right honorable , we dare not enter upon the answer , to the merits of your honors letter of the th . of november , ( which was the first and onely , that came to us ) without prefacing our hearty and thankful admiring , and acknowledging the transcendent mercy of god , in putting into your heart those pious and noble resolutions , to appear at such an exigent , to be the glorious instrument in his hand to assert and vindicate the greatest interess of these nations , both religious and civil . and next , that , your great humility of spirit , and singular affection to this city , in communicating to us , so early , those your just resolves ; and inviting us to share in the honor of assisting to the obtaining of those great and glorious ends , in which the happiness of these nations in general , and of this city , as a corporation , consists . in all which , our spirits were both enlightened and warmed by a spark from your zeal , and actuated by god to a present activity in our sphere and capacity , in complyance with your honors advice , as we hope , the whole world that hath seen our actings , can bare us witness ; and that , we trust may be our sufficient plea for pardon , for our not returning a more timely answer to your honors said letter ; but we pray you to beleive that it was principally retarded , first , by suspicion cast on the authentickness of it , by those who had the confidence on that score , to imprison the deliverers . and next , by the interposition of the forces here , and led out against your honor , who lay in the passage to you . but now ( may it please your excellency ) seeing it hath pleased god in some degree to remove those obstructions , we presume by this , to assert in writing , what we hope all our actions since the receipt of your honors advice , have evidenced . that we have cordially concurred with your honor , in disowning the authors of that force who interrupted the parliament , and ravish'd the birth-right of these nations , by daring to null and make voyd acts of parliament : and we hope we have contributed somewhat , by gods blessing , in our councils , and actions , to the preventing of the sad consequences of that exorbitant presumption . how fully and entirely we comply with your honor , in asserting the authority and freedome of parliament ; a national ministery , for the enlightening of the ignorant , and suppressing of atheisme ; and the peoples just rights and liberties ; we humbly referre your honor to our enclosed declaration : and do seriously assure your honor , that we shall by gods assistance persist faithfully and vigorously in this good cause . and praying god to preserve your excellency , and those noble commanders with you in those just , honorable , and christian undertakings , shall remain your honors humble servants . signed , sadler clerk . [ the city sword-bearer was appointed by the court to carry this letter ; and he was ordered to ride post with it : accordingly he went away on the th . of december , being friday , in the morning early . ] london , printed in the year of our lord , . three speeches spoken at a common-hall, thursday the . of iuly, . / by mr. lisle, mr. tate, mr. brown, members of the house of commons: containing many observations upon the kings letters, found in his own cabinete at nasiby fight, and sent to the parliament by sir thomas fairfax, and read at a common-hall. published according to order. lisle, john, ca. - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing t thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) three speeches spoken at a common-hall, thursday the . of iuly, . / by mr. lisle, mr. tate, mr. brown, members of the house of commons: containing many observations upon the kings letters, found in his own cabinete at nasiby fight, and sent to the parliament by sir thomas fairfax, and read at a common-hall. published according to order. lisle, john, ca. - . tate, zouch, or - . browne, john, ca. - . p. printed for peter cole, at the sign of the printing-presse in cornhill, neer the royall exchange, london: : . annotation on thomason copy: "july th". reproduction of the original in the british library. eng england and wales, -- - : charles i, sovereign. great britain -- history -- civil war, - -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason e _ ). civilwar no three speeches spoken at a common-hall,: thursday the . of iuly, . / by mr. lisle, mr. tate, mr. brown, members of the house of common lisle, john d the rate of defects per , words puts this text in the d category of texts with between and defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - celeste ng sampled and proofread - celeste ng text and markup reviewed and edited - pfs batch review (qc) and xml conversion three speeches spoken at a common-hall , thursday the . of iuly , . by mr. lisle , mr. tate , mr. brown , members of the house of commons : containing many observations upon the kings letters , found in his own cabinet at nasiby fight , and sent to the parliament by sir thomas fairfax , and read at a common-hall . published according to order . london : printed for peter cole , at the sign of the printing-presse in cornhill , neer the royall exchange , . mr. lisle his speech . my lord major , and you worthy gentlemen of the famous city of london , i am commanded by the lords and commons in parliament assembled , to observe to you some passages out of these letters which you have heard ; they are passages of that nature , though it be most happy for this kingdom and parliament to know them , yet my very heart doth bleed to repeat them . the first thing that i shall observe to you , is concerning the kings endeavours to bring forraign forces , a forraign prince with an army into this kingdom : by his letters to the queen , which you have heard read , he endeavours to hasten the duke of lorraine with an army into england ; it is well known to the parliament , that the duke of lorrain is a prince highly esteemed at rome , the most complying with jesuits of any prince in christendom ; and yet the king writes to the queen , to hasten the duke of lorrain to come with an army into england . the next thing that i shall observe to you , are , endeavours to overthrow the law of the land by power , to repeal the laws and stat●tes of this realm by force and arms , endeavours by force and arms to repeal all the statutes of this kingdom against papists ; i shall read a passage to you , which you have already heard , out of one of the kings letters to the queen ; the letter vvas dated the fifth of march , . i give thee power , in my name , to promise that i will take away all the penall statutes in england , against the roman catholikes , as soon as god shall enable me to do it , so as by their means , or in their favours , i may have so powerfull assistance as may deserve so great a favour . when we consider , that the statutes of this kingdom against papists must be taken away by force ; when we consider that the laws of this kingdom are to be repealed by power , who cannot but when hee calls to minde the declarations that have been made to put the laws in execution against papists , of the protestations that have been made , and have been often made to maintain the laws of this kingdom , who can chuse but grieve to think of it . the third thing ( gentlemen ) that i shall observe to you , is concerning the use , and the ends that have been made ( which you may observe out of these letters ) of a treaty with the parliament , i shall read his majesties words to you in the letter of the fifteenth of february , . a letter to the queen ; and be confident that in making peace , i shall ever shew my constancy , in adhering to bishops and to all our friends , and not forget to put a short period to this perpetuall parliament . and in his letter to the queen of the ninth of february , . there is this passage , be confident that i will never quit episcopacy , nor the sword . we did all hope , that the end of a treaty had been to settle a happy peace , a firm and a well-grounded peace ; but now we see by the kings letter , that his resolutions are , still to keep the sword in his own hands : we did all hope , that the end of a treaty was to settle church-government according to the protestation , the solemn vow and covenant which we have all taken ; but you see by the kings letter , that he avows it to the queen that he will never quit episcopacy . we did all hope , that the end of a treaty was rather to confirm the parliament then to dissolve it ; but the king sayes in his own letter , that he will not forget at this treaty , to put a short period to this perpetuall parliament . the last thing that i shall observe to you ( for you will have the rest observed to you by a better hand ) is concerning the kings disavowing this parliament to be the parliament of england ; we cannot have any greater assurance of any thing from the king , then of this present parliament ; there is no law stronger that gives any property to the subject , then the law is to continue this present parliament . this is so well known to the world , that kingdoms & states abroad acknowledge it ; and now for the king to disavow it , after it is confirmed and continued by act of parliament after the king hath so lately acknowledged it , now so suddenly to disavow it , how can we be more confident of any assurance or act from his majesty ? there be many things more observable in these letters , but i shall leave them to those worthy gentlemen that come after me . mr. tate his speech . the letters are so full , that i shall rather be your remembrancer of what you have heard in them , then give you any observations upon them . i shall present before you a very sad spectacle , the whole kingdom of ireland bleeding , a kingdom all in peace without any thoughts of war , without any thoughts of arms ; and of a sudden , a popish party rising up , laying hold upon all the forts , seizing all the lands , and all the goods of the protestants in ireland ; and not content with that , when they had done , killing one hundred thousand of them , man , woman and childe : these rebels of ireland that had thus inhumanely murthered so many protestants ; ( here is the sadnesse ) now the favourites of the king , and those subjects that the king did professe to maintain , in maintaining arms against those rebels ; we that by acts of parliament of the kings own grant , had the irish rebels lands and territories granted to us to maintain a war against them ; now because we maintain that war , we are rebels and traytors ; and the irish rebels because that they stand against you , they shall be freed from all penall laws , they shall have any thing that they desire , nothing is too dear for them , any laws may be altered for their sakes ; but when the protestants come to desire an alteration of law for the advancement of the protestant religion , and for the settlement of the protestants , nothing can be granted to them by a protestant king , but every thing to the irish : i shall say but a word more , and pray consider of it ; the condition why all this is granted to the irish , and denied to you , it is only this , that the irish may come over into england to cut your throats , as they cut the throats of all the irish protestants in ireland ; this is the cause for which they are encouraged to come hither , if there be such a reward for treachery , if there be such a fruit of the protestations of the king , what can we expect . all i have to say , is , you see you must stand to your armes , and defend your selves ; for there is no hopes for you , unlesse you can submit your necks to the queen , and be transformed into irish rebels and papists : i know not how you can obtain any favour at court , especially having such a mediator , as you have a parliament that is so hated by this king , as long as that mediates for you , you shall have nothing , but if you can have a popish catholique queen to sollicite in your behalf , you shall have any thing : i know you are too much englishmen and protestants to submit to such base conditions ; therefore lay aside all divisions , and unite your selves in this cause , that you may be masters of the popish party , that otherwise will kill you all . mr browne his speech . my lord mayor and you worthy citizens of the city of london , i shall not trouble you to repeat any of the letters that you have heard read , i doubt not but you that heard them do remember most of them , only this i will say to you ; that for my part i know not whether we have more cause of joy or sorrow , for this which this day you have heard . cause i know we have to be sorrowfull , that things are so ill with us as they are ▪ and i am sure we have cause to rejoyce , that things are now discovered and brought to light , that have been so long hid in darknesse . this day is a day of discovery ; heretofore those that spak those things that you have herad this day manifested unto you ; were accounted the malignant partee , they were termed rebels , they were suspitious jealous people without cause ; the lords and commons in parliament , they have heretofore declared their fears of the things that you see now proved : answers have been given to those fears with slights and scornes . things are this day discovered to you that were enjoyned to be kept secret by the strongest engagements ; the goodnesse of god giving successe to our armie hath brought these things to light . before his majesty departed from the parliament , the lords and commons by a petition to him , did present unto him their fears , occasioned by the favouring of ●●●●sants ; their fears that he would bring in forraign forces ▪ that he would change and alter the laws , they gave him their reasons for all ▪ but he was pleased to give his answer with denying all , as they affirmed all : for that of forraign forces , because he gave a punctuall answer to that ▪ i will tell you what it was : when they told him that they were informed that the popes nuncio did deal with the french and spanish kings , to send to him . men a peece , the king did answer to them : that it was improbable in it selfe , and scandalous to him , for which he desired reparation at their hands . and at another time he answers that very point concerning forraign forces positively , and saith : no sober nor honest man can beleeve that we are so desperate or so sencelesse ( they are his very words ) to entertain such a designe , as to bring in forraigne forces , which would not onely bury this our kingdome in distraction and ruine ▪ but our owne name and posterity in perpetuall scorne and infamy . you have heard what hath been said for that , you have heard his own letters , how he deals with the queen , and how pressing he is with her to bring into this kingdome the duke of lorraigne with his army ▪ the duke of lorraigne you know is a catholike popish ▪ forraigne prince : so you see how much he is altered from what he thought then , and how his endeavours are now , that both honest men and sober men may beleeve that hee would do it ▪ because he writes to her with such earnestnesse , to pray her to do it for him ▪ for their fears of his making war against the parliament ▪ of his alteration of religion and laws ▪ 〈◊〉 hath heretofore in his printed declaration , expressed these words : we do again , in the presence of almighty making war against the parliament , then against our own children , that we will maintain and observe the asts assented to by vs this parliament , without violation ; and that we have not , nor shall not have , any thought of using of any force , unlesse we shall be driven to it for the security of our ▪ person , and for the defence of the religion , laws , and liberties of the kingdome , and the just rights and priviledges of parliament . and in another of his printed declarations he hath said : god so deal with me and mine , as my thoughts and intentions are upright for the the maintenance of the true protes●ant religion , and for observation and preservation of the laws of the land . and in another declaration , he saith , that he is resolved not onely duely to observe the laws himselfe , but to maintain them , against what opposition soever , though with the hazard of his being . and in his declaration concerning his resolution to go into ireland , which is also printed , he calls god to witnesse , the sincerity of his professions there made , with this assurance ; that his majesty will never consent , upon what pretence soever , to a toleration of the popish profession there ; or the abolition of the laws now in force against popish recusants in that kingdome . what could his majesty have said more to satisfie his people . now compare his actions with his declarations , and compare his letters to the queen , with his promise and protestations to the parliament , and you will say quantum mutatus , how much is his majesty changed . all that we have heard read , we may divide into three parts . the first concernes the letters , propositions , and transactions , concerning ireland . the second , the letters from the queen to the king . the third ▪ letters from the king to the queene . concerning ireland , you have heard the propositions made , to the queen , for fending into this kingdome diverse irish rebels , under the command of two professed papists ▪ . of them were to be under the command of the lord glamorgan , the earl of worcesters eldest son , the other of . under the command of colonell fitz williams : the terms that they were to come upon , were read to you in the propositions , which themselves sent to the queen ▪ you will not think that these came to maintain the laws , but to destroy them , not to maintain the protestant religion , but to overthrow it , these propositions being sent to the queene ▪ and allowed by her and she sent them to the king . for the letters concerning ireland they were written by the king to the earl of ormond , who is now governourthere : in some of them letters , the king gives way to the suspending of poynings law , i which was an act of parliament , in the . year of henry the . it was called poynings lavv , because sir edvvard poynings vvas governour of ireland , vvhen that lavv vvas made ; that lavv made all statutes that vvere before made in england , of force in ireland ; and the king may as vvell suspend all the lavvs there , as that lavv ; by that lavv of poynings , all lavvs that vvere after to be presented at the parliament in ireland , must be first sent hither for approbatition , before they could be presented to the parliament there ▪ and no parliament must be called there before the causes of calling the parliament , and the acts to be passed in that parliament , are first sent hither and approved but that lavv novv must be suspended . further , in the letters to the lord of ormond you see the king doth not count it a hard bargain , for to make a lavv in ireland to suspend or to take avvay the penall lavvs , against papists there , so that they vvill help him here , against his protestant subjects : when this promise was made the declaration was not remembred , wherein the king doth declare , that upon no pretence whatsoever , he will tollerate the popish profession in ireland , or abolish the laws against popish recusants now in force there . he further saith in another letter to my lord of ormond , that rather then he will fail of making a peace or a cessation with the rebells , he would have him ingage himselfe to joyn with the rebels against the scots , and the lord inchequin , which is the main visible protestant forces , that are in ireland : all this is enjoyned to be kept secret , from all but two or three of the chiefest rebels in ireland , whom you heard named in the letters : you may further observe , that a peace was treated of with the rebels about the same time that the king did treat with the parliament here concerning ireland ; and the king wished a quick dispatch of the peace there , least if hee should make a peace here first , he could not shew such favours to the irish as he intended ; they are the words of his letter . you may see by all the letters to my lord of ormond , that the king did little stick at any thing to grant to the rebels , for a peace with them , but how little he granted to the parliament of england , at the last treaty , i hope all the world will soon know . the next are the queens letters to the king ; in them you may see her unwearied indeavours by sea and land to raise forces against the parliament to destroy it , you see she marcheth in the head of an army , and calls her self the generalissima ; you may see further in her letters , the great interest she hath in the kings counsels , no office or place can be disposed of without her , you may see by her letters , her advice concerning peace , in making peace , she adviseth the king not to abandon those that have served him , for fear they forsake him in his need ; she expresseth whom she meaneth , the bishops and the poor catholiques ; she adviseth the king for the honour of god , that he trust not himself in our hands ; if he go to london before the parliament is ended , she tels him he is undone ; you may see by her letters , how active she is with the duke of lorraine for sending over ten thousand men , you may see her advice concerning this parliament ; she saith , that perpetuall parliament must be disbanded , the rest she saith will follow , if the king conclude a peace without that , she will into france she saith , i am sure you cannot forget these passages . in the kings letters to the queen you may observe these following particulars . first ▪ his apology to her , for calling us a parliament at the last treaty , it seems she was offended at it , and you may see by his letters with what difficulty he did it , for he saith , that if but two more had joyned with him in opinion to the contrary , he would never have done it , yet he hath told us , he will keep all the acts of this parliament inviolable : how these can stand together , let all men judge ; he hath told us that he will maintain the laws , and observe them himself , yet you see he lay the blood of that kingdom that is shed in these wars , upon the shedding of the innocent blood ( as he cals it ) of my lord of strafford , yet my lord of strafford was condemned by himself , and by the law , that he saith he will maintain . you see how pressing he is to the queen to procure aide from the duke of lorraine , upon hopes of his coming he is very glad , and saith , the prince of orange shall help to transport his souldiers : compare this with his former declarations concerning forraign forces ▪ it needs no aggravation , we have all of us more cause to pray for him . for his maintaining the laws , you may observe in a letter dated in march last to the queen , there is this passage . i give thee leave to promise in my name , to all that thou thinkest fit , that i will take away all the penall laws against the roman catholiques in england , as soon as god shall enable me to do it , so as i may by their means have such assistance , as may deserve so great a favour and enable me to do it . to this promise of his , he enjoynes much secresie , which he had need to do , being so contrary to former declarations , and protestations . if this be done , he may as well alter and take away all our laws , both for property and liberty ; these laws against papists are of as much force ▪ and binde as much as any laws whatsoever : upon all these letters and passages together you may observe the great designe , to put an end to this parliament , although it cannot be done without the consent of the lords and commons in parliament , and the kings joyning with them . you see another design is , to take away all laws against recusants , and that must be when the king is able to do it , as he saith , and that cannot be without force ; you see , to enable himself to do these things , he invites in forraign forces , you see he deals with papists & protestants , and all to assist him against the parliament : you see in those letters , what priviledges and immunities are promised to papists , and nothing at all to his protestant subjects ; you see the great trust he reposeth in the queen , to make a bargain for him , although it concern religion , which is the strongest point of confidence he can expresse to her ; i need not repeat the words : you cannot but observe the reward that he bestows upon them that contrary to their trust reposed in them by the kingdom have disserted the parliament : he tels the queen he is free from the place of base mutinous motions in his mungrell parliament there ; let the like reward befall all such as shall betray their trust reposed in them by the kingdom ; you may see whom you have cause to thank , for the seizing of your goods in france , you heard it read , upon the score of whose kindnesse it was set . lastly , you may see by the letters , if a peace be had , what a one it shall be , it shall be such a one as shall invite the queen to return . the treaty for it shall be according to the instructions given to the commissioners , which upon the kings word , are according to the little note the queen so well remembers : in making peace the king assures her , he will be constant in adhering to the bishops , & all his friends , those whom the queen cals in her letter , the poor roman catholiques . lastly ▪ in making peace , he will not forget to put an end to this parliament ; but some will say , what 's all this to us ? yes , it much concerns us all , that we may pray for , and pitty our king , and to learn us to look to our selves . you see by their letters the way they hope to bring about all their designes , they say it is by our divisions among our selves , they say the city is divided in it self , they say the houses of parliament are divided among themselves , and they say , they are divided one with another , they say , one part goes one way , and another part goes another way ; i hope , that which appears by these letters , will make us all go the same way for the maintenance of this cause . these letters that ye have heard read , are beyond all exceptions ; the kings letters all of his own hand , and in many places corrected by himself . the letters to the earl of ormond are all his own hand ; there are divers other letters besides them , now read , which were taken at the fight , all of them together , with these read , are deposited into an indifferent place , that any one that will may see them . by what you have heard read , you see the unwearied indeavors of your enemies to destroy you , they are diligent , let us be vigilant in prosecuting this cause we have undertaken , that we may have a happy end of these unhappy differences ; do you of the city agree among your selves in the prosecuting of this cause , though you may differ in private opinion in other things ; i hope and pray that both houses of parliament m●y ever agree in the maintenance of this cause , which i doubt not but they will as they do : let us all go on together , hand in hand together , in the maintenance of this cause , according to our protestation ; we cannot do it without unity among our selves ; if we have division among our selves , we undo our selves , and hazard the cause ; if we in the parliaments quarters agree among our selves , i hope we shall be invincible ▪ i will conclude with this sentence , si fueritis inseperabiles , eritis insuperabiles , if we be inseparable and undivided , we shall be invincible : let us all do our duties faithfully , and leave the issue to god . finis . die lunæ septemb. . an ordinance or the lords and commons assembled in parliament, that from henceforth no moneys clipt, filed, or deminished, shall be payable, or received in payment within this kingdom. england and wales. parliament. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) die lunæ septemb. . an ordinance or the lords and commons assembled in parliament, that from henceforth no moneys clipt, filed, or deminished, shall be payable, or received in payment within this kingdom. england and wales. parliament. england and wales. sheet ([ ] p.) for john wright at the kings head in the old baily, printed at london : . no diminished money shall be current, but be treated as bullion. worn coin is still tender -- cf. steele. order to print signed: jo. browne cler. parliamentorum. reproduction of the original in the british library. eng coinage -- england -- early works to . counterfeits and counterfeiting -- england -- early works to . money -- england -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no die lunæ septemb. . an ordinance of the lords and commons assembled in parliament, that from henceforth no moneys clipt, filed, or dem england and wales. parliament. a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion die lunae septemb. . an ordinance of the lords and commons assembled in parliament , that from henceforth no moneys clipt , filed , or deminished , shall be payable , or received in payment within this kingdom . for as much as during these distractions great sums of moneys clipped and unlawfully diminished , have beene dispersed and given out amongst the people thorowout the kingdome ; for the speedy suppression thereof and prevention of the like in the future , be it ordained by the lords and commons in parliament assembled , that from henceforth no money diminished by clipping or filing shall be currant or payable in this kingdome , or be offered in payment , or received as due payment by any person whatsoever , but be esteemed as bullion , and no otherwise . and to the end that such moneys as are by this present ordinance declared to be uncurrant , may not for the present become unusefull unto such as live in remote parts of the kingdome , and cannot sell them but at under rates ; be it ordained , that for three moneths after the date hereof , the said clipt money shall be allowed of in payment , at foure shillings ten pence per ounce for goldsmiths weight , which is troy weight , or foure shillings foure pence half penny the ounce avordupoyz , which is the common weight . and all persons may hereby take notice , that such clipped money will yeeld in london foure shillings and eleven pence per ounce for goldsmiths weight , and foure shilings five pence halfpenny per ounce for avordupoyz waight at the least . provided neverthelesse that it is not hereby intended that any old moneys , which are apparent not to be clipt , or otherwise unlawfully diminished , but onely growne light through waring and wasting , by long passing from hand to hand , shall be included within this order , but shall still be currant without dispute as formerly . die lunae septemb. . ordered by the lords assembled in parliament , that this ordinance be forthwith printed and published . jo. brown cler. parliamentorum . printed at london for john wright at the kings head in the old baily . . an order of the committee of the lords and commons at guild-hall for the defence of the kingdom for the disarming and securing the persons of such as are disaffected to the parliament :nd [sic] commonwealth, with citie of lodon [sic] and westminster, and the suburbs within three miles of the citie. with a proclamation by the lord maior of london. england and wales. parliament. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) an order of the committee of the lords and commons at guild-hall for the defence of the kingdom for the disarming and securing the persons of such as are disaffected to the parliament :nd [sic] commonwealth, with citie of lodon [sic] and westminster, and the suburbs within three miles of the citie. with a proclamation by the lord maior of london. england and wales. parliament. sheet ([ ] p.) printed for i. iackson, g. tomlinson, and t. homer, and are to be sold in the old baily, london : . novemb. . a variant of the edition with line of title beginning "with the cities of london" in place of "with citie of lodon". reproduction of the original in the british library. eng great britain -- history -- civil war, - -- early works to . great britain -- politics and government -- - -- early works to . london (england) -- history -- th century -- early works to . a r (thomason .f. [ ]). civilwar no an order of the committee of the lords and commons at guild-hall for the defence of the kingdom, for the disarming and securing the persons england and wales. parliament. a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - judith siefring sampled and proofread - judith siefring text and markup reviewed and edited - pfs batch review (qc) and xml conversion an order of the committee of the lords and commons at guild-hall for the defence of the kingdom , for the disarming and securing the persons of such as are disaffected to the parliament and commonwealth ; with citie of lodon and westminster , and the suburbs within three miles of the citie . with a proclamation by the lord maior of london . it is this day ordered by the said committee of the lords and commons , that the 〈◊〉 hereafter mentioned , shall be disarmed , and their persons secured ; that is to say , first , all of ability and estate , who have not contributed to the defence of the kingdome , upon the propositions heretofore issued for that purpose , whose names are contained in a roll hereunto annexed under the hand of the clerke of the commons house of parliament . all such as by name have been voted by both or either of the houses of parliament , to be disarmed or to be delinquents . a roll wherof is hereunto annexed under the hands of the foresaid committee . all popish recusants , or iustly suspected of popery , or whose wives are popish recusants , or whose children are popishly bred : all that have contributed to the warres against the patlirment . the armes and horses to be found in the houses of any bishops or deane , and chapters , or other supected places to be ceised and brought to any of the places heereafter appoynted , and the persons that are to disarme and secure the parsons heereby intended to be disarmed and secured shallhereb have power and authority to enter into and search the houses of the said bishops , deanes and chapters , and all other townes and places where any suspected persons doe usually lodge or abide , and to seize and secure the said suspected persons . for the effecting of the premises , the severall and respective colonels , lieutenant colonels , captaines , and other officers of the trained bands of the severall wards within the citie of london , are hereby authorized and required to disarme the persons before mentioned within their severall wards , and other their places within their liberties ; and to take and ceize all their horses , armes , and ammunition , or other provision of warre , and to ceise upon and secure their persons . the severall aldermen and aldermens deputies , common councell men , constables , and all other persons are required to bee assisting and aiding to the said severall officers and trained bands in the execution of the premises . that the premises may with the better effect and speed be executed , it , will bee convenient that the trained bands in each ward be divided inth three or more severall companies , which is hereby required , unlesse the respective officers and persons intrusted with the service upon the place , and upon emergencies shall finde cause to doe otherwise . the lord mayor and the sheriffes of the citie of london , sergeant maior generall skippon , together with such persons as they shall thinke fit to call to their assistance , are hereby required to use all care and diligence that the premises bee executed according to the intent of these presents . the persons of such as by intent of this order are to be secured , shallbe brought unto the places hereafter mentioned , that is to say , unto gresham colledge , and crosby house in bishops-gate-street , winchester house in or neere the burrough of southwarke . ; the house of the bishop of london , neer the church of s. pauls ; lambeth house , the house of the deane and chapter of westminster , and ely house . and it is left to the discretion of the officers of the respective trained bands , to which of the said houses they shall carry the persons of those whom they shall apprehend . the severall houses and places where the persons apprehended shall remaine , shall have guards set about them of such number of the trained bands , or others , as the said lord maior and shariffes of the city of london , and sergeant maior generall skippon , or any of them shall appoint . and those that shall be appointed to make those guards , shall have allowance of one shilling fix pence per diem , during the time they continue in the said services , the same to be paid at the charge of the persons so restrained , in such manner as by the lords and commons shall be appointed . for the better effecting of the premises about the suburbs of london , and within the citie of westminster , the burough of southwark , and other places within three miles of the citie of london , the severall colonels , lieutenant colonels , captaines , and other officers of the trained bands of the severall wards within the citie of london , and of the respective colonels , lieutenant colonels , captaines , and other officers of the trained bands of those respective places without the citie of london , are hereby authorized and required to disarme the persons before mentioned therein residing , and to take and ceize all their horses , armes and ammunition , and other provisions of warre , and to ceize upon and secure their persons . the lord lieutenants , and deputy lieutenants , and the knights and burgesses serving in this presont parliament , for the counties , cities , and burroughes in the said severall places ; as likewise all constables , headburroughes , and other persons abiding therein respectively , are required to be assistant and aiding unto the severall colonels , lieutenant colonels , captains , and other officers , and the trained bands in the execution of the premises . in respect that it may so fall out , that in some of the wards within the citie of london , and some other of the places without the citie of london , there may not occasion of use for the full number of their trained bands , but that they may be spared and sent into other places within the respective limits . the officers of the trained bands therefore respectively within the citie of london , and without the citie , are required to be aiding and assisting unto each other in the execution of the premises , whereby the service may with greater speed be performed . the arms and ammunition , and other provision of warre , shall be ceized in any the places aforesaid , as well without the citie of london as within , shall bee brought to such of the halles belonging to the severall companies of the citie of london , as shall be neerest to the places where such ceisure shall be made onely fittest for that use , and the horses with their furniture shall be brought to such places as the lord maior and the sheriffes of the citie of london , sergeant maior skippon , or any of them shall appoint . all the horses , armes or ammunition and provision for warre , which shall be ceised by vertue of this order , or to be inventoried and listed by the captains and lieutenants of the respective companies of the teained bands , and certified under their hands to the lord maior , to the end it may better appeare where such horses and ammunition remaine , and to whom they belong . and authority is hereby given to the said lord maior of london , sheriffes , leiutenants , colonels , lieutenant colonels , captaines and other officers , and to every of them , before or at the time of the execution of the premises , to make proclamation in the severall wards within the said citie of london , and likewise in such severall places within the suburbs thereof , the citie of westminster , burrough of southwarke , and other places and precincts within thre miles of the citie of london , as they or any of them shall think convenient thereby commanding all and every the person and persons , which according to the true intent and meaning of this order , are to be disarmed , and their persons secured , that they and every of them from and after the time of the making of the said proclamation , shall repaire unto , continue and abide , in their severall houses , lodgings , or places of their usuall abode , untill the premises shall be duely executed and performed , and during such time only and in such manner , as by the said severall proclamations shal be enioyned . proclamations to be made at or before the time of disarming and securing the malignants in and about the citie of london and the suburbs , in the forme of words ensuing . all popish recusants , or whose wives are papists , or wwhose children are popishly bred , : all that have contributed to this present warre against the parliament . all of ability and estate , who have not contributed to the defence of the kingdome , upon the propositions heretofore issued for that purpose , together with such others as shall receive particular directions for that purpose . ate by the authority of both houses of parliament , commanded to repaire unto , remanie and abide within their severall houses , lodgings , and usuall places of abode , untill they shall have further directions from both houses of parliament , upon the paines and penalties that may ensue thereupon . london printed for i. iackson , g. tomlinson , and t. homer , and are to be sold in the old baily , . by the king, a proclamation commanding noblemen, knights, and gentlemen of quality, to repayre to their mansion houses in the country, to attend their seruices, and keepe hospitality, according to the ancient and laudable custome of england england and wales. sovereign ( - : james i) approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a stc estc s ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) by the king, a proclamation commanding noblemen, knights, and gentlemen of quality, to repayre to their mansion houses in the country, to attend their seruices, and keepe hospitality, according to the ancient and laudable custome of england england and wales. sovereign ( - : james i) james i, king of england, - . broadside. by bonham norton, and iohn bill ..., imprinted at london : m.dc.xxii. [ ] "giuen at the court at newmarket, the twentieth day of nouember, in the twentieth yeere of our reigne of england, france, and ireland, and of scotland the six and fiftieth." reproduction of original in the harvard university library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng proclamations -- great britain. great britain -- history -- james i, - . great britain -- politics and government -- - . england -- officials and employees. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion ir diev et mon droit . honi ✚ soit ✚ qvi ✚ mal ✚ y ✚ pense royal blazon or coat of arms ❧ by the king. ❧ a proclamation commanding noblemen , knights , and gentlemen of quality , to repayre to their mansion houses in the country , to attend their seruices , and keepe hospitality , according to the ancient and laudable custome of england . his most excellent maiestie , taking into his royall consideration , that the celebration of the feast of christmasse approacheth , and how needfull it is ( especially in this time of scarcity and dearth ) to reuiue the ancient and laudable custome of this realme , by house-keeping and hospitality , which in all parts of this realme is exceedingly decayed , by the too frequent resort and ordinary residence of lords spirituall and temporall , knights , and gentlemen of quality , vnto cities and townes , and chiefly into , or neere about the cities of london and westminster ; and willing to prouide remedy , aswell for that , as sundry other inconueniences , which of necessity must ensue , by the absence of those out of their countries , vpon whose care , a great and principall part of the subordinate gouernment of this realme doth depend : doth heereby strictly charge and command , aswell all his lords spirituall and temporall ( except such as are of his priuie counsell , or beare office about the person or court of himselfe , or of his most dearely beloued sonne the prince ) and likewise all deputy lieutenants , and iustices of peace , and other gentlemen of quality , which haue mansion houses in the country , wherein they and their families haue vsually dwelt and aboade ; that they , and euery of them , immediately vpon the end of this present month of nouember , depart from the cities of london and westminster , and other cities and places with their families and seruants , vnto their seuerall countries , to attend their seruice there , and keepe hospitality , as appertayneth to their degree and calling , vpon paine , not only of his maiesties heauy indignation and displeasure , and disablement to hold any such places of seruice or trust , vnder his maiestie ; but also of such further censure and punishment , as may be inflicted vpon them , for such their disobedience and contempt , or neglect of this his royall commandement ; whereof , as his maiestie intendeth to take a strict and seuere accompt , so he doth heereby require and command , aswell the lords and others of his priuie counsell , as all other his officers and ministers , whom it shall any way concerne , to take order that all such as shall offend , may receiue condigne punishment , without toleration or conniuence . giuen at the court at newmarket , the twentieth day of nouember , in the twentieth yeere of our reigne of england , france , and ireland , and of scotland the six and fiftieth . god saue the king. ¶ imprinted at london by bonham norton and iohn bill , printers to the kings most excellent maiestie . m.dc.xxii . a catalogue of the names of this present parliament, interrupted april . . whereof those that do not yet sit, are marked thus, *. england and wales. parliament. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing c thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) a catalogue of the names of this present parliament, interrupted april . . whereof those that do not yet sit, are marked thus, *. england and wales. parliament. sheet ([ ] p.) printed by d. maxwell, london : . annotation on thomason copy: "june. ." reproduction of the original in the british library. eng england and wales. -- parliament -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no a catalogue of the names of this present parliament, interrupted april . . whereof those that do not yet sit, are marked thus, *. england and wales. parliament. a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion a catalogue of the names of this present parliament , interrupted april . . whereof those that do not yet sit , are marked thus , * . vvilliam lenthall speaker earl of salisbury philip earl of pembroke philip lord viscount lisle william lord monson oliver st. john , lord chief justice john wild , lord chief baron lord commiss john lisle lord commiss. bulstrode whitlock . lieutenant generall fleetwood lieutenant generall ludlow major generall skippon sir arthur haslerig sir henry vane sir thomas wroth sir thomas walsingham sir henry mildmay * sir michael livesey sir robert goodwin sir john trevor sir william brereton sir thomas widdrington sir richard lucy * sir francis russel sir john lenthall sir william strickland * sir john bourchier sir gilbert pickering * sir peter wentworth sir james harington edm. prideaux atturn . gen. roger hill , serjeant at law erasmus earle , serjeant at law esquires john jones * james challoner * john moyle tho. crompton * christopher martin henry smith * miles corbet mich. oldsworth carew raleigh * edw. howard * john gurdon john fielder thomas atkin john hutchinson * edmund dunch tho. pury , sen . tho challoner william leman edmund harvey henry martin benjamin weston will . heveningham john barker george thompson luke robinson * gilbert millington augustine garland henry nevil robert andrew thomas lister peter brook john trenchard daniel blagrave nath rich nicholas gould algernon sydney john lowry william say edward nevill * john wastel henry darley * francis lassels william purefoy nich. letchmere john dormer william cawley john nut rich. ingoldsby cornelius holland edmund wilde john corbet james ash john goodwin simon meyne tho. scot george fleetwood tho. pury , jun. esquires william eyre tho. boone edmund west robert reynolds william white * rich. darley * john carew augustine skinner john dove thomas birch nich. love philip smith valentine wauton * alex. popham robert cecill isaac pennington john fagg william hay nath. hallowes thomas wayte * henry arthington walter strickland john pyne * tho. mackworth gervas pigot francis thorp robert bennet robert nicholas * rich norton * john stevens peter temple james temple john weaver richard salwey herbert morley james nelthorp robert brewster john dixwell * tho. harrison john downs * iohn anlaby * tho. wogan brampton gurdon robert wallop william sydenham iohn bingham philip iones iohn palmer william ellis . london , printed by d. maxwell , . magna charta containing that which is very much the sence and agreement of the good people of these nations, notwithstanding their differences relating to worship. humbly tendered to those that are in eminent place, both in a civil and in a military capacity, and earnestly desired that it may be by them also (in this juncture of affaires) speedily concurred with, resolved upon, and vigorously prosecuted, for the escaping of the sadest, and for the enjoying of the joyfullest dayes and station, that england hath seen. by an unfeined lover of his countrys welfare, and a sincere promoter of the common-wealth and just concernments of all men. as some further essay in order to a well grounded vnity, peace and settlement, of the poor shaken and shattered nations, upon that sure and durable foundation of righteousness, which will without doubt, according to the wise mans experience, not only establish, but exalt a nation. j. c. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing c thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) magna charta containing that which is very much the sence and agreement of the good people of these nations, notwithstanding their differences relating to worship. humbly tendered to those that are in eminent place, both in a civil and in a military capacity, and earnestly desired that it may be by them also (in this juncture of affaires) speedily concurred with, resolved upon, and vigorously prosecuted, for the escaping of the sadest, and for the enjoying of the joyfullest dayes and station, that england hath seen. by an unfeined lover of his countrys welfare, and a sincere promoter of the common-wealth and just concernments of all men. as some further essay in order to a well grounded vnity, peace and settlement, of the poor shaken and shattered nations, upon that sure and durable foundation of righteousness, which will without doubt, according to the wise mans experience, not only establish, but exalt a nation. j. c. sheet ([ ] p.) printed for francis smith, and are to be sold at his shop, at the elephant and castle near temple-barre, london : . signed: j.c. not in fact the magna carta, but a demand that the liberties enjoyed under the commonwealth be maintained. annotation on thomason copy: "xber [i.e. december] ". reproduction of the original in the british library. eng great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no magna charta: containing that which is very much the sence and agreement of the good people of these nations, notwithstanding their differen j. c. a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - olivia bottum sampled and proofread - olivia bottum text and markup reviewed and edited - pfs batch review (qc) and xml conversion magna charta : containing that which is very much the sence and agreement of the good people of these nations , notwithstanding their differences relating to worship . humbly tendered to those that are in eminent place , both in a civil and in a military capacity , and earnestly desired that it may be by them also ( in this juncture of affaires ) speedily concurred with , resolved upon , and vigorously prosecuted , for the escaping of the sadest , and for the enjoying of the joyfullest dayes and station , that england hath seen . by an unfeined lover of his countrys welfare , and a sincere promoter of the common-wealth and just concernments of all men . as some further essay in order to a well grounded vnity , peace and settlement , of these poor shaken and shattered nations , upon that sure and durable foundation of righteousness , which will without doubt , according to the wise mans experience , not only establish , but exalt a nation . . first , let it be in the fear of the lord resolved ; that singular care shall be taken forthwith , and so from time to time , that the arrears of the poor souldiers , the pentions of the poor pentioners , and the publick faith debts , of the poor creditors of these nations , ( whose straights presseth them sore , and makes them to sigh , and whose sighs and cryes goe up unto heaven , and will have their returns ) may be speedily and out of the first receipts discharged and cleared . . secondly , that singular care shall be taken forthwith , and so from time to time , that the poor in general thorowout these nations , which are very numerous now , ( by reason of the decay of trade , and other wayes ) shall be so provided for , and in such sort , that all the impotent shall be releived , and all the able shall be imployed . . thirdly , that there shall be a speedy and effectual course taken to rectifie the laws , and the male-administration thereof , by bringing them into a brief , plain , and easie method and form ; and as neer the laws of that famous common-wealth of israel , as the nature and constitution of a gentile state ( under the present dispensation of light and grace ) will admit ; and so , that as much strife and contention between man and man as may be , by plain and brief records , registers , and peace-makers , might be prevented , and what by such a provision cannot be prevented , might be with as much ease and speed , and with as little expence of money and irritation of spirit as may be , fully redressed ; so that loving kindness , judgment and righteousness , which the righteous lord himself delights to be exercised in on the earth , may be found and felt in our land , to the great contentment and rejoycing of the inhabitants thereof . . fourthly , that singular care shall be forthwith taken about that perplexing business of tythes , which being continued as now it is , stands but as a relict of monarchy , and as a witness against these nations , as if they denyed the change of the priest-hood that was under the law , or that christ jesus is come in the flesh ; is also a thing that looks much unlike the maintenance of a true gospel ministry , and which is as some conceive the very fomenter , and nourisher of a persecuting , and imposing spirit in these nations ; by reason whereof , even under the greatest profession of liberty , many tender consciences have been daily perplexed , and very much of the land of the nation hath laine unimproved , which is rendred by many , as a great reason of the scarceness of corn , which hazards a famine oft times in this nation . let this be done by altering the title thereof , and bringing it to a pound rate , sci. to eight or six in the hundred , which may be from time to time without any further charge paid into the publick , and so disposed to the proper use and end to which it belongs . . fifthly , that the very much decayed trade of this nation , both in these famous cities of london and westminster , and other places ( so universally complained of ) and by the many sad effects , so fully demonstrated , may now thorow special care be forthwith revived , by easing the troublesome and vexatious burdens that lies upon it , and by putting it under a good regulation and government ; that the seas may be so guarded , that being propounded as the ground of the customes ; that the trade , treasure , and strength of these nations , may not so often fall into the hands of the enemies . . sixtly , that all the relicts and props of corrupt monarchy , thorowout these nations , which do but wait and serve for its return , and have entrencht upon the free-born peoples rights and liberties , upon a civil account , shall be forthwith diligently enquired into , and speedily removed . . seventhly , that all the relicts and props of superstitious hierarchy thorowout these nations , which do but wait and serve for its return , and have entrenched upon the peoples rights and liberties , upon a religious account , shall be forthwith diligently enquired into , and speedily removed . . eightly , that all those horrible corruptions , abuses , and mischiefs , which have crept into houses that have been erected and maintained by free donation of persons for charitable uses , and also all those corruptions and abuses , that are found in prisons thorowout these nations , and especially those of the kings bench , the fleet , newgate , and ludgate , shall be forthwith diligently enquired into , and speedily removed . . ninthly , that none shall be forst upon any publick imployment in this common-wealth against his will and consent ; and that whosoever is imployed from time to time in the management of the affairs thereof , from the highest unto the lowest , shall receive out of the publick revenue , a sutable recompence and incouragement for his service therein : and then in case any shall be found taking bribes , either directly , or indirectly , or otherwise unfaithful in the trust committed to him , he shall be severely punished , and forthwith cashiered . . tenthly , that some substantial laws , relating to liberty and freedome , both upon a civil , and upon a religious account , whereby every man may be preserved safe in his person , name and estate , from the violence of another , under what pretence soever , may be laid as fundamentals in the bottome of your government , as that which hath been gotten in the late wonderful and hazzardous engagements with very much difficulty , and is the price of very much bloud and treasure ; let these be known to be as the laws of the meads and persians , that cannot be altered , no not by future representatives ; and among other , let this be one ; that in case any representative of the people , shall by the major vote , alter or make void these or any of these first fundamentals , they shall be lookt upon as violating the trust committed to them , and such act and acts of theirs , shall be deemed void and null to all intents and purposes , as if the same had never been , and shall be no wayes obleiging upon the consciences of the good people of these nations . and moreover , that the person , or persons , who first moved therein , shall be judged traitors to the liberties of the people , & of their country in the highest degree , & proceeded against accordingly . . eleventhly , that none of the free-born people of these nations , shall be arrested , imprisoned , banished , condemned , or sentenced to the loss of life , limb , estate , or liberty , or be any otherwayes molested , or distressed , after a very short time prefixt , but by the lawful judgment of his peers , or by vertue of , and according to some known , approved , published law , or laws of these nations . . twelfthly , that all the publick revenue of these nations , shall from time to time be brought into the publick treasury , as entire and with as little abatements and unnecessary charges and expenses as may be ; and to the end it may be so , among other things , that there shall be special care used that all persons who are or shall be imployed about the customes , and all other places relating to money , shall be such as have a clear and full character given of them , that they are indeed able provident men , men of truth and hating covetousness . . that for the more certain , speedy and thorow effecting hereof , whereby deeds may demonstrate , that these are resolves by the finger of god set on your hearts ; let it be in the fear of the lord further resolved , that seventy men shall be found out , pitcht upon , and set a part to be imployed , of a suitable spirit to these resolves , with whom you will in the name and fear of the lord engage to stand , or fall , live or die together , in a thorow pursute thereof , in order to the putting of all sorts of men into a better and more flourishing capacity then that wherein now they are ; so that interest may engage them there to remain , and as one man to rise up and withstand a return ; and also in order to the enjoying ( as in ancient times ) their free representatives ; that the persons shall be according to iethro's counsel , able men , fearing god , men of truth , hating covetousness , and such as are in a good measure freed by the spirit of the gospel , from imposing upon the consciences of others , in things that relate to the worship and service of god , as having learned by experience , that it is not by might , nor by power , that things of that nature are carried on , and that the wrath of man doth not at all accomplish the righteousness of god . . that these seventy persons thus qualified , singled out , pitcht upon ; and ingaged to carry thorow the former resolves , in order to the bringing the honest conquering party , yea , all the free-born people of these nations , into a fit capacity , to enjoy ( as in ancient dayes ) their free representatives , shall be called by the name of the great council , and for the more speedy dispatch of that business , which by the whole nation in a very short season , may be made sensible of the advantage thereby , they shall cast them into . committees . that the first , shall be for the preparing , well ordering , and managing of the business that relates to the poor ; a second , for that which relates to the law ; a third , for that which relates to tythes ; a fourth , for trade ; a fifth , for finding out and removing the relicts , and props of corrupt monarchy ; a sixt , for finding out and removing the relicts , and props of superstitious heirarchy ; a seventh , for the finding out and rectifying the corruptions , and abuses in prisons , and in donations for charitable uses ; an eighth , for drawing up some substantial , and fundamental laws , which shall not be altered ; a ninth , for considering of grievances , and ordering the publick revenues ; and the last , for the receiving of all petitions that relates to the former resolves , or concerning any thing that may be presented , and to refer the consideration of them to the several committees to which they belong , and what cannot properly be referred to any of them , to let that be their care so to manage , and prepare the same , as the rest of the committees , for the consideration , and determination of the great council . . that out of this great council consisting of seventy , twenty one shall be chosen , and called the council of state , of the most able , and most eminently qualified for this great work , wherein the lord , his people , and this whole nation are so greatly concerned , that their work shall be to treat with forrain embassadors , to have the management of the executive part of the power and authority of these nations , and of the dominions , and territories thereto belonging ; so that the placing , and displacing of all officers , both civil , and military ( the chief of both only excepted ) shall spring from thence , reserving notwithstanding a door of appeal open to the great council , in point of displacing the next great officers both in a military , and civil capacity . . that singular care shall be forthwith taken by the great council , to declare to the nation , that these or such like , are the good things which they have resolvedly upon their hearts , by the help of the lord , with all possible speed they can , to bring forth , for the putting the whole , and so far as is possible , every member thereof into a happy flourishing state , and there upon to incite , and provoke the good people of these nations , to a patient waiting for the effecting thereof , and to a chearful concurrance therein , warning withal the unruly spirited , and evil affected persons of these nations , against any tumultuous assemblings , risings , or actings to the disquieting thereof , or to the hindering , and retarding of so good a work as is on the wheele , which being perfected , will undoubtedly prove advantagious to all ; adding this , that in case they take not warning hereby , they shall be punished with exemplary punishment . . that singular care shall be taken by the great council , forthwith to put the well affected in these nations , in such a posture of defence , placing also the power of the militia in confiding hands , whereby they may be incouraged , and also strengthened , as one man to joyn together , not only for the withstanding the common enemy ( in case he prove turbulent ) but for the bringing forth of common righteousness , so that judgment , and justice , and mercy , may run down like a mighty stream , to the great refreshing and cheering of these poor nations . . that singular care shall be taken by the council of state , that able men so qualified as is above specified , shall be forthwith nominated , and appointed for the office of sheriff in every county , thorowout these nations , whose care it shall be to keep the respective counties to which they belong in peace , and free from risings , and commotions , and for that end shall proclaim , or publish the declaration above specified in the most noted places thereof , and in case notwithstanding this , there should be risings , or tumultuous assemblings , that then they shall call to their assistance , the county troops , or the power of the county speedily to suppress the same . . that singular care shall be taken , that able men so qualified , as is abovesaid , shall be forthwith , and so from time to time nominated , and appointed by the council of state , for conservators , or justices of the peace , in the several counties thorowout these nations , and that in case , such cannot be found among those that have their thousands a year , they shall be chosen out of those that have but their hundreds , and where such cannot be found among those that have their hundreds , they shall be chosen out of those that have but their tens , bearing in mind what the wise man saith , sci . that a righteous man [ be he never so poor ] is more excellent than his neighbour , [ were he never so rich. ] that their work shall not only be to preserve the peace among their neighbours , and to hear and determine their controversies in the publick sessions ; but to be as peace-makers , in a friendly way if they can by themselves , or by others whom the parties shall chuse , to compose the differences without any further charge or trouble , and before they be brought to a publick debate . lastly , that singular care shall be taken by the justices of peace , in their publick sessions , that able men so qualified , as is abovesaid , shall be nominated , and appointed out of every hundred thorowout the counties , to serve in grand and petty jnquests , who may be able to understand the matters brought before them , and give in a speedy , judicious and just verdict in the case : thus shall judgment return to righteousness , and all the upright in heart in thess nations shall follow it ; which that the lord of hosts will graciously grant , is and shall be the humble , earnest , and constant prayer and request of his , their , and your unworthy servant , i. c. jer. , . thus saith the lord , let not the wise man glory in his wisdom , neither let the mighty man , glory in his might ; let not the rich man glory in his riches , but let him that glorieth , glory in this , that he understandeth , and knoweth me that i am the lord , which exercise loving kindness , judgment , and righteousness in the earth , for in these things i delight , saith the lord . jer. . , . did not thy father eat and drink and do judgment , and justice , and then it was well with him ? he judged the cause of the poor and needy , then it was well with him : was not this to know me ? saith the lord . prov. . . righteousness exalteth a nation , but sin is a reproach to any people . chron. . . believe in the lord , your god , so shall you be established : believe his prophets so shall ye prosper . consider what i say , and the lord of hosts give you understanding , resolution , and courage to do his will . london , printed for francis smith , and are to be sold at his shop , at the elephant and castle near temple-barre , . by the king a proclamation for remouing the receipt of his maiesties exchequer from westminster to richmond. england and wales. sovereign ( - : charles i) approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a stc estc s ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) by the king a proclamation for remouing the receipt of his maiesties exchequer from westminster to richmond. england and wales. sovereign ( - : charles i) charles i, king of england, - . sheet ([ ] p.). by i.l. and w.t. for bonham norton and iohn bill, printers to the kings most excellent maiestie, printed at oxford : . line of text ends "conside-". "giuen at the court at ricot the one and thirtieth day of iulie, in the first yeare of his maiesties raigne of great brittaine, france and ireland." reproduction of original in: harvard university. library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- exchequer. plague -- england -- early works to . great britain -- history -- charles i, - . great britain -- politics and government -- - . broadsides -- london (england) -- th century. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion by the king . a proclamation for remouing the receipt of his maiesties exchequer from westminster to richmond . the kings most excellent maiestie taking into his princely consideration the great and dangerous increase of the plague in and about the citty of westminster , where his maiesties receit of exchequer hath beene hitherto kept , and willing as much as is possible to prevent the further danger , which might ensue as well to his owne officers , which are necessarily to attend the same receit , as to other his louing subiects who shall haue occasion either for receit , or payment of monies to repaire thither : hath therefore taken order for the present remoue of the receit of his said exchequer from thence to his maiesties house at richmond in the countie of surrey : and hath thought fit by this his proclamation to publish the same , to the ende , that all persons whom the same may concerne , may take notice whither to repaire vpon all occasions concerning the bringing in , or issuing of his maiesties treasure at the receit of his exchequer . willing and requiring all sheriffes , bailiffes , collectors , and all other officers , accomptants , and persons whatsoeuer , who are to pay in any monies into the said receit of his maiesties exchequer , or otherwise to attend the same , to keepe their daies and times at richmond aforesaid , and there to doe , pay , and performe in all things as they should , or ought to haue done at westminster , if the said receit of exchequer had continued there . and this to bee done and obserued vntill his maiestie shall publish and declare his further pleasure to the contrary . given at the court at ricot the one and thirtieth day of iulie in the first yeare of his maiesties raigne of great brittaine , france , and ireland . god saue the king. printed at oxford by i. l. and w.t. for bonham norton and iohn bill , printers to the kings most excellent maiestie . . a speech made by the right honourable iohn earle of bristoll in the high court of parliament may , concerning an accommodation bristol, john digby, earl of, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing b ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing b estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; :e , no ) a speech made by the right honourable iohn earle of bristoll in the high court of parliament may , concerning an accommodation bristol, john digby, earl of, - . [ ], p. printed for richard marriot, london : . reproduction of original in thomason collection, british library. eng great britain -- politics and government -- - -- sources. a r (wing b ). civilwar no a speech, made by the right honourable, iohn earle of bristoll, in the high court of parliament, may . . concerning an accommodation. bristol, john digby, earl of b the rate of defects per , words puts this text in the b category of texts with fewer than defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion a speech , made by the right honourable , iohn earle of bristoll , in the high court of parliament , may . . concerning an accommodation . london , printed for richard marriot . a speech , made by the right honourable john earle of bristoll , in the high court of parliament . may the . . my lords , i have spoken so often upon the subject of accommodation , with so little acceptance , and with so ill successe , that it was in my intention not to have made any further essay in this kind ; but my zeale to the peace and happinesse of this kingdome , and my apprehensions of the neere approaching of our unspeakeable miseries and calamities , suffer me not to be master of mine owne resolutions . certainly , this kingdome hath at all times many advantages over the other monarchies of europe . as , of scituation , of plenty of rich commodities , of power both by sea and land : but more particularly at this time , when all our neighbouring states are , by their severall interests so involved in warre , and with such equalitie of power , that there is not much likelyhood of their mastering one another , nor of having their differences easily compounded . and thereby , wee being only admitted to all trades , and to all places : wealth and plenty ( which ever follow , where trade flourisheth ) are in a manner cast upon us . i shall not trouble your lordships by putting you in mind of the great and noble undertakings of our auncestours : nor shall i passe higher then the times with in mine owne remembrance . queene elizabeth was a princesse disadvantaged by her sex , by her age , and chiefly , by her want of issue : yet if wee shall consider the great effects which were wrought upon most of the states of christendome by this nation under her prudent government ; ( the growth of the monarchy of spaine chiefly by her impeached ; the united provinces by her protected ; the french in their greatest miseries relieved ; most of the princes of germany kept in high respect and reference towards her and this kingdome , and the peace and tranquillitie wherein this kingdome flourished ; and which hath beene continued downe unto us by the peaceable government of king iames of blessed memory , and of his now majestie , untill these late unhappy interruptions ) wee cannot but judge this nation equally capable , with any other , of honour , happinesse , and plentie . now , if in stead of this happy condition , in which wee have beene , and might be , upon a sober and impartiall inquirie wee shall find our selves to have bin for some few yeares last past involved in so many troubles and distractions , and at the present to be reduced to the very brinke of miseries and calamities ; it is high time for us to consider by what meanes wee have beene brought into them , and by what meanes it is most probable wee may be brought out of them . this kingdome never injoy'd so universall a peace , neither hath it any visible enemy in the whole world either infidell or christian : our enemies are only of our owne house , such as our owne dissentions , jealousies , and distractions , have raised up : and certainly where they are found ( especially betwixt a king and his people ) no other cause of the unhappinesse and misery of a state need to be sought after : for civill discord is a plentifull sourse , from whence all miseries and mischiefes flow into a kingdome . the scripture telleth us of the strength of a little city united , and of the instabilitie of a kingdome divided within it selfe ; so that upon a prudent inquirie , wee may assigne our owne jealousies , and discords , for the chiefe cause of our past and present troubles , and of our future feares . it must be confessed , that by the counsell and conduct of evill ministers , the subject had cause to thinke their just liberties invaded ; and from thence have our former distempers growne : for it is in the body politique of a monarchie , as in another naturall body , the health whereof is defined to be , partium corporis aequa temperies , an equall temper of the parts : so likewise , a state is well in health and well disposed , when soveraigne power , and common right , are equally ballanced , and kept in an eaven temper by just and equitable rules . and truly , ( my lords ) by the goodnesse of his majestie , and by the prudent endeavour of the parliament , this state is almost reduced to that equall , and eaven temper , and our sicknesse is rather continued out of fancie and conceipt ( i meane feares and jealousies ) then out of any reall distemper or defect . i well remember , that before the beginning of this parliament , some noble lords presented a petition unto the king , and in that petition did set downe all or most of the grievances and distempers of the kingdome , which then occurred to them . to these ( as i conceive ) the parliament have procured from his majestie such redresses as are to their good satisfaction . many other things for the ease , securitie , and comfort of the subject , have been , by their great industrie , found and propounded , and by his majesties goodnesse condescended unto . and now wee are come so neere the happinesse of being the most free and most setled nation in the christian world ; our dangers and miseries will grow greater and neerer unto us every day then other if they be not prevented . the king on his part offereth to concurre with us in the setling of all the liberties and immunities either for the proprietie of our goods , or libertie of our persons , which wee have received from our auncestors , or which himselfe hath granted unto us ; and what shall yet remaine for the good and comfort of his subjects , he is willing to hearken to all our just and reasonable propositions : and for the establishing of the true protestant religion , he wooes us to it : and the wisdome and industrie of the parliament hath now put it in a hopefull way . the rule of his government , he professeth , shall be , the lawes of the kingdome , and for the comforting and securing of us he offereth a more large and more generall pardon then hath beene granted by any of his predecessors . and truly ( my lords ) this is all , that ever was or can be pretended unto by us . wee , on the other side make profession , that wee intend to make his majestie a glorious king , to endeavour to support his dignitie , and to pay unto him that duty and obedience , which , by our allegeance , severall oathes , and late protestation wee owe unto him , and to maintaine all his just regalities and prerogatives , which i conceive to be as much as his majestie will expect from us . so that ( my lords ) wee ( being both thus reciprocally agreed of that which in the generall would make both the king and people happy ) shall be most unfortunate , if wee shall not bring both inclinations and indeavours so to propound and settle particulars , as both king and people may know what will give them mutuall satisfaction , which certainly must be the first stepp to the setling of a right understanding betwixt them . and in this i should not conceive any great difficulty , if it were once put into a way of preparation . but the greatest difficultie may seeme to be , how that which may be setled and agreed upon may be secured . this is , commonly , the last point in treaties betwixt princes , and of the greatest nicenesse , but much more betwixt a king and his subjects , where that confidence and beliefe which should be betwixt them , is once lost : and to speake cleerely , i feare , that this may be our case , and herein may consist the chiefest difficulty of accommodation : for it is much easier to compose differences arising from reason ( yea even from wrongs then it is to satisfy jealousies , which arising out of the diffidence & distrust , grow and are varied upon every occasion . but ( my lords ) if there be no indeavours to allay and remove them , they will every day increase and gather strength ; nay , they are already grown to that height , and the mutuall replies to those direct termes of opposition , that if wee make not a present stop , it is to be feared , it will speedily passe further then verball contestations . i observe in some of his majesties answers , a civill warre spoken of . i confesse it is a word of horror to me who have been an eye-witnesse of those unexpressible calamities , that ( in a short time ) the most plentifull , and flourishing countries of europe have been brought unto by an intestine warre . i further observe , that his majesty protesteth against the miseries that may ensue by a warre , and that he is cleare of them . it is true , that a protestation of that kinde is no actuall denouncing of warre , but it is the very next degree to it , vltima admonitio , as the civilians terme it , the last admonition ; so that we are upon the very brink of our miseries ; it is better keeping out of them , then getting out of them : and in a state , the wisdome of prevention , is infinitely beyond the wisdome of remedies . if for the sins of this nation , these misunderstandings should produce the least act of hostility , it is not almost to be beleeved , how impossible it were to put any stay to our miseries : for a civill warre admits of none of those conditions , or quarter , by which cruelty and bloud are amongst other enemies kept from extremiries ; nay , if it should but so happen ( which god of his goodnesse avert ) that mutually forces , and armies should be raised , jealousies and feares would be so much increased thereby , that any accommodation would be rendred full of difficulty and length ; and the very charge of maintaining them , ( whilst , first a cessation of armes , and then a generall accommodation were in treating ) the wealth of the kingdome would bee consumed . and of this we had lately a costly example , for in those unhappy troubles , betwixt us and scotland , after there was a stop made to any further acts of hostility , and a desire of peace expressed on both sides , commissioners nominated , and all the articles propounded , yet the keeping of the armies together for our severall securities , ( whilst the cessation at rippon , and the peace at london were in treating ) cost this kingdome not much lesse then a million of pounds . and if two armies be once on foot here in england , either a sudden encounter must destroy one of them , or the keeping of them both on foot must destroy the kingdome . i hope therefore we shall make it our indeavour by moderation , and calmnesse , yet to put a stay to our so near approaching miseries , and that we shall harken to the wise advice of our brethren of scotland in their late answer to the king and parliament , wherein they earnestly intreat us , that all means may be forborn which may make the breach wider , and the wound deeper ; and that no place be given to the evil spirit of division , which at such times worketh uncessantly , and resteth not : but that the fairest ; the most christian , and compendious way may be taken by so wise a king and parliament , as may ( against all malice and opposition ) make his majesty and his posterity more glorious , and his kingdome more happy then ever . and in another place they say , that since the parliament have thought meet to draw the practice of the parliament of scotland into example , in point of declaration : they are confident that the affection of the parliament will lead them also to the practise of that kingdome in composing the unhappy differences betwixt his majesty and them , and ( so farre as may consist with their religion , liberties , and laws ) in giving his majesty all satisfaction , especially in their tender care of his royall person , and of his princely greatnesse and authority . certainly ( my lords ) this is wise and brotherly advice ; and i doubt not but we are all desirous to follow it . we must not then still dwell upon generals ( for generals produce nothing ) but we must put this businesse into a certain way , whereby particulars may be descended unto ; and the way that i shall offer with all humility is , that there may be a select committee of choyce persons of both houses , who may , in the first place , truly state and set down all things in difference betwixt the king and the subject , with the most probable wayes of reconciling them . secondly , to descend unto the particulars , which may be expected by each from other , either in point of our supporting of him , or his relieving of us . and lastly , how all these conditions , being agreed upon , may be so secured ; as may stand with the honour of his majesty , and the satisfaction of the subject . when such a committee shall have drawn up the heads of the propositions , and the way of securing them , they may be presented unto the houses , and so offered unto his majesty by such a way as the parliament shall judge most probable to produce an accommodation . ( my lords ) what i have yet said unto you , hath been chiefly grounded upon the apprehensions and feares of our future dangers . i shall say something of the unhappinesse of our present estate , which certainly standeth in as much need of reliefe and remedy , as our feares do of prevention ; for , although the king and people were fully united , and that all men that now draw severall wayes , should unanimously set their hand to the work , yet they would finde it no easie task to restore this kingdome to a prosperous and comfortable condition : if we take into our consideration the deplorable estate of ireland , likely to drain this kingdome of men and treasure ; if we consider the debts and necessity of the crown , the ingagements of the kingdome , the great and unusuall contributions of the people , the which , although they may not be so much to their discontent ( for that they have been legally raised ) yet the burthen hath not been much cased : let us likewise consider the distractions ( i may almost call them confusions ) in point of religion ( which of all other distempers are most dangerous and destructive to the peace of a state . besides these publique calamities , let every particular man consider the distructed and discomfortable estate of his own condition , for mine own part , i must ingeneously professe unto your lordships , that i cannot finde out , ( under the different commands of the king and the parliament ) any such course of caution and warinesse , by which i can promise to my selfe security or safety . i could give your lordships many instances of the inconsistancy and impossibility of obeying these commands : but i shall trouble you with onely one or two . the ordinance of parliament ( now in so great agitation ) commandeth all persons in authority , to put it in execution , and all others to obey it according to the fundamentall laws of the land ; the king declareth it to be contrary to the fundamentall laws , against the subject , and rights of parliament ; and commandeth all his subjects of what degree soever upon their allegiance not to obey the said ordinance , as they will answer the contrary at their perils . so likewise in poin● of the king , commanding the attendance of divers of us upon his person whereunto wee are obliged by severall relations of our services and oathes : in case we comply not with his commands , we are liable to his displeasure , and the losse of those places of honour and trust , which we hold under him : if we obey his commands without the leave of the parliament , ( which hath not been alwayes granted ) we are liable to the censure of parliament ; and of both these we want not fresh examples ; so that certainly , this cannot but be acknowledged to be an unhappy , and uncomfortable condition . i am sure i bring with me a ready and obedient heart , to pay unto the king all those duties of loyalty , allegeance , and obedience which i owe unto him ; and i shall never be wanting towards the parliament , to pay unto it all those due rights , and that obedience which we all owe unto it : but in contrary commands , a conformity of obedience to both , is hardly to be lighted on . the reconciliation must be in the commanders , and the commands , and not in the obedience , or the person that is to obey . and therefore untill it shall please god to blesse us with a right understanding betwixt the king and parliament , and a conformity in their commands , neither the kingdome in publike , nor particular men in private can be reduced to a safe or comfortable condition . i have said thus much to give occasion to others , to offer likewise their opinions ; for if we shall sit still , and nothing ( tending to the stay of the unhappy mis-understanding betwixt the king and his people ) be propounded : it is to be feared ; that our miseries will hasten so fast upon us , that the season and opportunity of applying remedies may be past . i have herein discharged my conscience , sutable to that duty which i owe to the king my soveraigne and master , and sutable to that zeale and affection , which i shall ever pay to the happinesse and prosperity of the kingdome , towards which i shall ever faithfully contribute my humble prayers , and honest indeavours . and i shall no way doubt ( whatsoever successe this my proposition may have ) it will be accompanied with the good wishes of your lordships , and of all peaceable , and well minded men . finis . letter from a person of honour in france, concerning the late transactions in england, in reference to the rights of the people in electing of parliaments. and also reasons the case, answering some objections made against the late king, and his posterity. s. e. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing e ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) letter from a person of honour in france, concerning the late transactions in england, in reference to the rights of the people in electing of parliaments. and also reasons the case, answering some objections made against the late king, and his posterity. s. e. sheet ([ ] p.) printed for thomas pool, london, : . signed: your affectionate friend, s.e. imprint from colophon. reproduction of original in: bodleian library. eng great britain -- politics and government -- - -- sources. great britain -- history -- commonwealth and protectorate, - -- sources. broadsides -- england -- th century. a r (wing e ). civilwar no a letter from a person of honour in france, concerning the late transactions in england, in reference to the rights of the people in electin s. e c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion letter from a person of honour in france , concer●●ng the late transactions in england , in reference to the rights of the people in ele●●●ng of parliaments . and also reasons the case , answering some objections made against the late king , and his posterity . sir , paris , february . i have received from the hands of monsieur grammont yours of the . and th . instant , and cannot find that cause of so great rejoycing as both express : for all doth but amount to filling up the house , and by their qualifications , elections shall be so ordered , that it will be nothing more then a free parliament , which consisteth in electing , voting and sitting ( as formerly ) at the pleasure of the sword . if the old continue , then those worthy gentlemen which are excluded , ought to take their places : if a new one be called , then all parties as subjects equally concerned without restriction or qualifications , ( as they call it ) ought to be capable of election ; but if their malice be so rooted against the cavaleer , or kings party ( who have as much reason to wish and act the good of those nations as any others ) that they must not be admitted : then 't is but reason and justice , that those that have purchased great estates , and enjoy offices military and civill , should be so too . for they are the only people that keep up these distractions for their own benefit . if loosers ( as the proverb is ) may not have leave to speak ; it is not fit gainers should , whose interest now denyes liberty to those sufferers , and is but particular to the grand general one . and shall the royal party alwayes loose a national right , who have paid a compounded price of miseries for their estates , which did surely give them a like freedome as before ? otherwise what signifies their concernments to the publick in any thing ? and how they can make them more then equals in the payment of taxes and pressures , and deny them liberty in this , is altogether unreasonable , in that it destroyes them their birth-right , and in every respect lessens the liberties of the subject so much pretended or contended for . so that unless this be allowed , that party is still lyable ( as not having the benefit of the laws ) to the thraldom and lash of every innovator and power whatsoever ; witness their decimation by the late tyrant , who renewed their sorrows at his pleasure . and whereas some pamphlets would perswade a belief , that england will never endure its primitive practice or worship in religion ; and that kingly government , by reason of present interests must needs be extinguished ; for a sufficient answer , it will be worth our time to reflect upon those interests . and what hath followed thereupon since the interruption of that parliament ( famous for their vote in order to a peace with the late king ) anno , . but confusion in great measure , occasioned by the disobedience of the then army-officers , animated thereunto by some members whose interest is thus declared for ? therefore to urge any thing which is apparently destructive to a known and solid experimental welfare in estates and kingdomes , cannot be lasting , safe or rational . neither so long as armies guard , and force parliamentary counsels ( to comply with their rude and indigested models , to uphold corrupt interests , which hath cost the people so many millions contesting against , and for their lawful king ) no foundation can possibly be said but what is arbitrary and perfectly destructive to the whole . for if the wisdom of the rulers be thus obstructed , all other essayes shall for ever be fruitless ; and this i think may without errour pass as a doom upon those kingdoms ; and fondly to conclude from their confused notions and circumstances that a pretended common-wealth of . or . years troublesome growth , is or can be better then a monarchy of above a thousand years continuance that comparatively imposed no grievances , is a weakness to believe . therefore , you pharisees , if this shall not convince , observe the order , government and rule of heaven and earth , of god in the trinity , of nature , and since the creation , of families , of every particular countrey and people , nay the beasts of the field : and then tel me , if you can , if this doth not proclaim monarchical government to be according to the will of god and our saviour ? there can be no competitors in dominion in one and the same thing , without enraging the hearts of men ; therefore unsafe is that nation who hath such rivals . a common-wealth is consistent with , and most splendid under regal government , insomuch as it unites all to that center . now if this be not duly considered , i have one step farther to stifle their objections and fatal interest so much pleaded for , if they will stand to that purity of spirit which they pretend , viz. the solemn leagues and covenants made by themselves , in which they swore allegiance , forces this as a duty to the person of the king , and his posterity ; and yet the one by violence is cut off , and the other an exile exposed to the mercy of strangers , hazarding both soul and body : in sum , restitution is one great mark of the people of god : and so long as the gain thus cleaves to their fingers , repentance is not in their hearts . then , is it not great folly to countenance such interests as these which hath cost that nation more in . years to defend , then would maintain the other in honour almost a thousand years , had he nothing of right belonging unto him . and how they can expect a settlement by ( shadows of authority ) men of corrupt principles laden with it spoiles , ( by which they continue the force put upon their fellow-members by the violence of armies ) no man hath yet discovered . unless ( with the late tyranical usurper oliver cromwell ) we should look upon perjury and disobedience as no sin , we cannot tolerate armies ( which are but servants ) to be lawgivers , or impose them upon the rulers ; from whence i hope , that victorious general consulting with his army , the expectations of the world , will conclude , that bare suppositions against a king , is no solid argument for a common-wealth as yet unborn : hence therefore let england sing out the praises of god for their lawfull king , who with his royal father prayed for , and loved them in the dayes of their extremity . farewell , i am your affectionate friend , s. e. london , printed for thomas pool , . scotlands holy vvar a discourse truly, and plainly remonstrating, how the scots out of a corrupt pretended zeal to the covenant have made the same scandalous, and odious to all good men, and how by religious pretexts of saving the peace of great brittain they have irreligiously involved us all in a most pernitious warre / by h.p. ... parker, henry, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing p ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing p estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) scotlands holy vvar a discourse truly, and plainly remonstrating, how the scots out of a corrupt pretended zeal to the covenant have made the same scandalous, and odious to all good men, and how by religious pretexts of saving the peace of great brittain they have irreligiously involved us all in a most pernitious warre / by h.p. ... parker, henry, - . [ ], p. printed by fran. neile ..., london : . errata: p. . reproduction of original in the harvard university library. eng great britain -- history -- commonwealth and protectorate, - . great britain -- politics and government -- - . scotland -- history -- - . scotland -- politics and government -- - . a r (wing p ). civilwar no scotlands holy vvar. a discourse truly, and plainly remonstrating, how the scots out of a corrupt pretended zeal to the covenant have made t parker, henry d the rate of defects per , words puts this text in the d category of texts with between and defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - john latta sampled and proofread - john latta text and markup reviewed and edited - pfs batch review (qc) and xml conversion scotlands holy war . a discourse truly , and plainly remonstrating , how the scots out of a corrupt pretended zeal to the covenant have made the same scandalous , and odious to all good men : and how by religious pretexts of saving the peace of great brittain they have irreligiously involved us all in a most pernitious warre . tantum religio potuit suadere malorum . curs'd man , what canst thou hope for , what desire ? to thee christ brings a sword , his gospel fire . be man no more , abjure thy wretched kinde : lest mannah poizen , sun-beams strike thee blinde : by h. p. esquire . london : printed by fran : neile , in aldersgate-street . . reader , i have lately seen in print an apologie for such ministers , and people , as out of conscience did not observe the thanksgiving-day dedicated by the parliament to almighty god , for giving us victory against the scots : and the apologist had prefixed this title in his front : sad and serious politicall considerations touching the invasive warre against our presbyterian protestant brethren in scotland , their late great overthrow , and the probable dangerous consequences thereof to both nations , and the protestant religion . as soon as i had read it over ; i saw heavy , and bitter charges in it against the power now governing , and by consequence against our nation , and religion , but all was built upon such premisses , as were left utterly unproved . i doubt not therefore but all schollers will deride the author , as void of wit and ingenuity : and will think that pamphlet unworthy of an answer , which can challenge nothing besides a flat denyall . but when i consider the multitude , who scarce discern betwixt arguments and invectives , or points that require solid proofs , and such as sometimes are not worth prooving : when i consider this multitude may be dangerously imposed upon by confident writers indeed , such as have effrontery enough to grant themselves any thing under dispute : i dare not be wanting to a distressed cause , and vitiated truth . what the apologist though affirmant has left unproved , viz : that the parliament has broken covenant with the scots , and made an invasive warre upon the presbyterians : the same i though respondent shall endeavour to leave disproved . and i hope i shall remonstrate by something more then averments , my antagonists best arguments : ▪ that the covenant was first violated by the scot● , and ly , that this warre of great brittain was raised by the presbyterians . of the covenant . about . or . yeers since , the late king began to take arms against the scotch nation upon ecclesiastical quarrels , but his successe was so ill therein , that he could neither hopefully pursue , nor yet handsomly compose those broils . the reason was , because his popish subjects could not , and his protestant subjects in england would not support him with their effectuall assistance in that causless warre . so this parliament was then convened to extricate the said king out of those difficulties : and had ●here been any other remedie that possibly could have releasd him ( so intangled , as he then was ) either by pacifying the scots without force , or forcing them without pacification , this remedie had never been thought on : for there was nothing in the world more adverse to his tyrannicall ends ; then the freedome , and controuling authority of that high court . long it was not therefore after the sitting of our great councell , before the said king gave open testimonies , how odious it was to him to see his boundles prerogative so checkt : nay many months had not elapsed before disgusts had hacht & ripend bloody & dangerous plots against the whole representative bodie of our state , . armies were now in the north out of all military imployment , and this put the king in some hopes , that either one of them or both might be woone to his partie ; and so help to rid him of his loathed rivality . strong endeavours were used accordingly : but god blasted them all : the scotch army thought it too horrid a thing to attempt the ruin of that court which was so true to their preservation , and so assured to the ends of their late declaration : and the english army durst not attemp● any thing , having the power of london to mate them before , and the scots behinde , yet the parliament truly apprehending danger from these , and other like machinations to for●ifie themselves the better , frame a protestation for all the people to take , and whosoever should refuse the same , he was voted unfit to bear office either in church , or common-wealth . this protestation was taken in . and the protesters did thereby in the presence of almighty god binde themselves to defend religion , the king , the parliament , publick liberty , the union , and peace of the three kingdoms , with a clause to be assisting to all that adhered to this protestation , and to be at enmity with all its opposers . the king stomacht much this new way of imbodying the people in leagues , and parties , and knew well that the contrivers of it intended it for a combination against his unlimited pretensions : but seeing his interests were here as specially provided for as any other , without any insinuated subordination , and that it left his pretensions as unprejudiced as they were before : he smothered much of his distaste against it . ordinary affronts , and misadventures did rather quicken then quash this kings resolutions , wherefore upon this account he made the more haste into scotland upon some concealed reasons of state : and his hope was , that by his passing through both the armies in the north , he should finde an opportunity to be his own negotiater with all the chief commanders . all these royall arts neverthelesse miscarried , and were not able to debosh the armies , for either the commanders were jealous of the soulderies integrity , or the souldiery of one army suspected the sincerity of the other , or else the parliaments sollicitations proved as efficacious , as the kings : somthing there was that concurred to the abortion of that mischief . the king therfore speeds away to scotland with super●etations of further plots in his unquiet head ; but his old fate still accompanied him , for there he was soon disburthened of some of his monstrous conceptions , to the great detriment of other men : but he scarse ever prospered in any one designe for the advancement of himself . some noblemen that were invited to a bloodie supper , got timely advertisement of the royall assassinators , and so by flying privily out of edenburgh secured themselves : but that ever to be execrated insurrection in ireland , by the irish papists against the british protestants , came to effect at that time ; and t is known well enough that the chief actors in that tragedie alledged a commission from the king under the great seal of scotland , to justifie all that they then perpetrated . here was an issue of blood spent , that is not stanched to this day : little lesse then christians were sacrificed , and devoted to slaughter by that commission ( and the king himself never took any effectuall course to wipe off that stain ) but what prosperity has that dismall deluge of blood brought at last to the kings cause ? hitherto the king keeps from open defiance with the parliament of england : but now gods flaming minister of warre begins to brandish his sword against this nation : now the king is returned from scotland : and now begins the year . wherein arms are openly taken up , and avowed on both sides . scotland for two or three years before had seen war , but without slaughter ▪ ireland had been miserably the yeer before imbrued with slaughter , yet saw no war : but england must now prepare her self both for war , and slaughter . at the first harnessing , and making ready for the field both sides pretended to be on the defence : and both pretended to stand for the defence of the same persons , and rights ; the parliament declares for the kings rights aswell as the subjects liberties : and the king for the subjects liberties , as well as his own rights : the matter of the protestation is the cause they both ●ight for ; insomuch that by their professions it might be thought the protestation were equally favoured by both . neither were their successes much unanswerable to their professions : for after a bloodie battell fought neer keinton in octob : and another hot encounter at brainford , and after divers other conflicts in severall other places of the northern , western , and middle counties of england either side got blows , but neither side carried away any great advantage , or conquest : only the kings secret correspondence with the irish began now to grow more evident , as well by their declaring for the kings pretences , as by his diver●ing the preparations made here against them . at this time the threed of the kings councels was exceeding finely spun , the more zealous he seemed against the i●●sh openly , the more zeal he attested to them privately , and they themselves could not but see by the kings seizing our irish provisions here , and assuring himself of our forces sent thither , that the more we exhausted our selves in sending supplies against them , the more unable we should be in the end either to resist the king here , or to reduce them there . howsoever as was noted before , though the most subtill threeds of the king , were strong enough sometimes to fabricate toils and nets for his subjects , yet they never could be twisted into ladders for the mounting of him to his aspired grandour . about the beginning of the year . another black desperate designe against the city of london was discovered , scarce inferior to any of those former impregnations of the kings inraged brain : whereupon the parliament again had recourse to this new religious guard of vowing , and covenanting . and herein after the covenanters had humbled themselves before god for the nations sins , and judgements , and promised by gods grace to endeavour for the future , an amendment of their wayes , they the second time ingaged themselves by vow , and covenant , in the presence of almighty god , to be adhering faithfully to the forces raised by the parliament for defence of religion , and liberty . &c. but notwithstanding the vertue of both these holy remedies against the kings uncessant stratagems : about the latter end of the same summer the parliaments affairs came to a great declination , and till they obtained aid from the scotch nation , their condition was thought very tottering . in august the english commissioners began to treat at edinburgh : and about the depth of winter the scots advanced with a compleat , well appointed army . yet this may not be wholly pre●ermitted , that the scots were long deliberating about their march , and though they saw their ruin involved in ours , and their faith no lesse pre-ingaged to us for mutuall assistance , then ours was to them : yet they advanced not at last but upon these strict conditions : . that we being then but a wasted part of england , yet should presently imburse them out of our afflicted affairs with a great summe of ready money : ly , that they should be payed as mercenaries , and yet have a share in government here , as if they were our joyntenants . and ly , that we should enter with them into a new solemn league and covenant upon oath , as it was by them composed , and conceived . so disproportionable , and unsuitable is their amity to their enmity : for when they had a pretence of a quarrell contrary to former treaties with england , in . t was in their power to invade england readily without assurance of present advance-money , or establisht pay afterwards : and such able enemies we found them in all ages : but when they were to be ayding to part of england , in observance of former treaties , in . there is no moving in such a work without ample covenants : so much more difficult amongst them is the enterprise of helping , then is the enterprise of undoing . it is manifest now , by that which has been hitherto premised , that the first occasion of flying to such conscientious tyes and expedients as these , was that the late kings plots , and conspiracies might be thereby the better disappointed , and that the people might be thereby the better confirmed in their opposition against him . and this makes it now seem the more strange to us , that the scots at present should make their covenant so main an engine for the king against us , which at first was certainly excogitated as a main engine for us against the king. ly , it is hereby as manifest that the scotch covenant which is now insisted on by that nation , and was pressed on us at first with so much rigor , did add no new obligation at all to the english : religion , liberty , monarchy , and the peace of the nations were as much secured before , and as sanctimoniously by the protestation in . and by the vow , and covenant in . as they were afterwards by the solemn league and covenant , when the scotch army was to enter england . ly . we cannot observe by any remarkable blessing from heaven , that the hand of god did ever give any gratious testimony in behalf of these new sacramentall obligations . the protestation was thought ineffectuall till the vow , and covenant came in with a greater supply of religion : the vow , and covenant was not able to break the kings armies till the solemn league of scotland had superinduced its further sanctity : and when that was superinduced and came accompanied with armed men from scotland , the king subsisted , yea and thrived a long time after : and without doubt those oaths which he imposed within his quarters did asmuch service against us , as ours did for us in our quarters . we all know that t was not a new oath but a new modeld army that by gods most gratious hand first gave check to the kings prosperity : and t is not so visible that ever we trampled on the royalists formerly by observance of the covenant , as that we are now miserably ingaged in blood against the scots , by misprisions , and false glosses of the same . the lord of his boundles mercy grant at last that we may return to our old wayes of humiliation , seek to appease that majesty by fasting , and praying , which is to be feared we have provoked by superstitious vowing , and swearing . ly , we cannot finde that ever the people was rightly fitted , or at all benefited by these new sacramentall leagues , or rather politicall sacraments : for in england we had too many that would take the kings oaths when he was prevalent , and the parliaments also when they were prevalent : and in scotland montrosses victory left lamentable spectacles of humane treacherie and impietie as to the covenant : no sooner had he in . woon one pitcht field but the nation generally flow'd in to him , to submit unto his new royall bonds , with curses upon them that had forcibly clogd their consciences by contrary ones before ; and no sooner had d : lesly routed him , but the same people again shifted montrosses bonds with detestations as high , and bitter , as they had the parliaments before . this is a prodigious example , exceedingly to be deplored not onely by the scots , but by all mankinde . but to proceed : the breaches , and hostilities which at this day are sprung out of the covenant betwixt the covenanters of both nations are too visible : the question is therfore , whether we shall charge these mischiefs upon the ill composure of the covenant it self , or upon the malice of the covenanters : and if upon the covenanters , whether are more guilty the english , or the scotch ? and first as to the covenant it self , it seems to me that even that was not compiled so briefly , so clearly , and so impartially as it might have been , and that has given some occasion of stumbling to some : but certainly blood had never been drawn by brethren so leagued together , as we are , had it not been for the ignorance , arrogance , and high injustice of the covenanters . antiquity which was famous for ingenuity , had not any use to charge their humane contracts , much lesse divine , with so various and heterogeneous branches , as this covenant is charged withall : some points of it are divine , some morall , some civil : some are of higher , some of meaner concernment : and all of them thus odly compacted together swell it up into too rude a lump . moreover , since variety of parts made it more grosse , and by consequence more obnoxious to doubts , and intricacies , there ought to have been more care to distinguish betwixt those parts which were coordinate , and those which were subordinate : and in case some provisoes proved inconsistent with others , it should have been predetermined which should supersede , and which should be superseded . the king by one clause , as he is king , is to be maintained equally with religion , &c. yet by another clause , as he is a profest enemy to the covenant , is to be pursued by arms , and brought to condigne punishment . the safetie of religion may possibly be irreconcileable with the safety of the king : and the safety of the king confessedly owes a subordination to the safety of religion : yet it is left dubious by the covenant how far the inferior here shall give way to the superior . the unity , and peace of the nations is the scope of one article in the covenant , and that article had a high place in the intent of those which indighted the covenant : yet neither does this article condemne all war as unlawfull betwixt the nations , nor yet prescribe when it may be judged lawfull , nor by whom . the scots by one interpretation of the covenant are more strictly imbodied with us then formerly , and so to be assisting in our reformation : yet by another interpretation , they are to maintain to us our nationall rights , and not at all to interpose in judging of our english affairs : and how can they reform where they may not judge , or how can they judge where they have no propriety ? or how can they challenge more by vertue of this covenant-union in england , then we do in scotland ? or how can confusion of interests be introduced , where there remains a coordination so equally , and justly preserved ? in the next place , there is a palpable partiality in the covenant whereby is easie to be perceived in which nation it received its being : for the church of england , and ireland are to be reformed , but the church of scotland is to be preserved in its perfection of doctrine , worship , discipline , and government . in summe , all three nations are to purge away whatsoever is contrary to sound doctrine , and the power of godlines : and the only true standart for such purgation is the book of god , and forasmuch as that is as truly a standart to the scots as to the english , they , though the covenant prejudges and presumes them perfect , are to be tryed by this book as well as we are , and as that which is defective in them must be rectified by this standart : so that which is not defective in us must be justified by the same . we conclude therefore justly , that either the article it self pre-judges us , or is by them ill prejudged when they assume , that we are to conform to them , more then they are to conform to us : for so much as there is but one only book to which we are bound equally both of us to conform ▪ and of that book they are no more authenticall interpreters then we are . these exceptions , and perhaps more , might be taken against the covenant it self , and the manner of obtruding it : but we fix not hereupon , nor will we mention it , as to the genuine intent of it , without reverence : the main offence that has been given to the world , has been given by the takers of it in a false sense , not by it self . the inquirie therefore at this time is , whether the english , or scots , whether the presbyterians , or independents are most blameable before god , and men , for the scandall which has been given by occasion of this solemn league , and covenant . for the better discussion hereof , we shall do well to observe , first , which of the parties has been most clamorous against the other ▪ ●ly , what the principall matter of those clamors has been ▪ ly , what may be most probably aymed at by the raisers of those clamors : ly , what the issue has been ▪ as to the first it is apparent , that the scoch presbyterians , were the first compilers of the covenant , and that they still continue to set a sacred value upon it , even unto a great degree of superstition : and t is as apparent , that they had not been so strangely transported with rage against us , but for our attributing lesse then they do to it . the covenant is their word in the day of battell ; the covenant in specie is carried along by their priests , when they march into the field , as if it were held oraculous , and had the same presence of god ingaged to it , as the ark had amongst the jews : the covenant in law is made transcendent to an act of parliament ; nay if both nations should agree in one act of parliament , that act could neither make more intense , nor more remisse the obliging force of this covenant . this covenant is sometimes call'd gods covenant , and inscribed by the scots in the same table with gods covenant of mercy to his church , and therefore when they will animate the people against us in war , they tell them that god cannot deliver up his turtle dove , and his covenant into the hands of such enemies . now because we come not up to this hight of adoration , we seem despisers of the covenant in the scots eyes ; and because we seem despisers of so holy a thing ( accounted by them the very soul of religion , and policy ) their gall flows out most violently against us . they tell us ▪ we have brought great scandall , and reproach upon the name of god , the name of his people , and the study of piety ▪ that we have not onely broken the solemn league and covenant betwixt god and these nations , but have in effect rejected it , and trampled upon it , are become enemies to all the ends of it , yea persecuters of the servants , and people of god for their adherence to it . this in effect has been their burthen against us for divers yeers , though it be as void of truth , as it is of charity : and though we ( who may more justly instance in this , and divers other things as breaches of the covenant on their parts ) have never made the covenant any ground of quarrell , or reproach against them . t is far from us to under-value the covenant : we hold it a religious tie of mutuall assistance betwixt the nations against the common enemies of religion , liberty , and union , and so we think honorably of it : only we make it no spell , nor idol : nor can we beleeve that it ties us to any duty , which our pretestation , and vow , tied us not to before , nor did our protestation , and vow create any new duties to us when we first entred into them . in the next place , though there be many heavy breaches of covenant ubrayded to us : yet all of them resolve into these two , that we make not good what we have covenanted for either to god , or to the king . they could never say till this last summer ( nor can they truly say so of us last summer ) that we ever entred their countrey to disturbe their peace , to claim , or usurp any share in their government , to lay taxes , seize towns , waste villages , and destroy natives amongst them , as they have done amongst us : all that they can object to us is , concerning injuries done to other parties , within our own territories , where by the covenant they have no jurisdiction at all . in the behalf of god , they complain , that our professed faith is nothing else but a mixture of arrianisme , socinianisme , antinomianisme ▪ familisme , antiscripturisme , anabaptisme , erastianisme , and independency : but they know well that for matter of doctrine , we still retain the old articles of our church , without any staggering at all in the least : and for matter of discipline , we are willing to comply with them so far as they comply with gods word : but in this we have our eyes in our heads as well as they , and t is no law for us to damne the opinion of erastus , or the person of any independent , because they by them are dishonorably spoken of . the truth is , the independent departs not so far from erastus , as the presbyterian : and erastus is no freind to the supreme power of synods , nor the uncontroulable dominion of priests ; and this makes the independent so injurious to god , otherwise call'd the kirk , otherwise call'd kirkmen ; were it not alone for this sin in the independent , arrainisme , socinianisme , &c. ( though we were therewith more infected then the scots , as we are not ) would make no breach of covenant at all amongst us . in behalf of the king , they complain , that we have treated him not onely as an enemy to the covenant , but also irreconcileable to the very being of our state : and hereupon they take upon them to bewail the hard condition of the english , that they are loaded with so many , and so great taxes , and subjected so rigorous , and obdurate laws : which shall receive answers in due place . but in the mean time , t is neither the kings , nor the peoples sufferings that stirs such a deal of compassion , and zeal in the bowels of our fellow-covenanters ; t is the change of our government , by which they perceive at last , they themselves are verie great loosers . the truth is , the difference betwixt the king and us heretofore was of great advantage to them : and this advantage ( though it was no property , or right of theirs , but a wrong , and damage of ours ) is now faln away from them . the king shall now have no more occasion to give them pensions in scotland , nor gratifications here to do us dis-service in behalf of his prerogative : nor shall we be any more bound to hire their service against the crown : and we must know , that these double offices , or ambidextrous versatile arts of doing services , and dis-services was as great a revenue to them ( especially since these last troubles ) as the intra does of all scotland . now this therefore in the third place , may save us our labour of further inquiry about the ends , and aims of the scots in their exclamations , and expostulations against us , when they contest in behalf of the covenant . we see what the clergie in scotland , and here , are so thirstie of , they would fain have consistories in every parish , where they might have a free power to dispence the ordinances of christ to such as prove observant of them , and to cast out all that are not submissive enough : and for fear lay judges should ballance too much there , they would have classes above better defecated of such secular persons : and for fear lest those classes should be controuled by parliaments : they would have assemblies above all to act for christ in all matters whatsoever military , or judiciall , wherein christs throne , that is the kirk may be concerned . no protestant bishops ever aspired to so sollid a power on earth : nay except in the popes own patrimony , where he is a prince , no bishops in europe und●r any other lay princes are allowed to sit and act so independently , upon a commission so large , as the scotch assemblies do : and therfore we cannot wonder if such a new hierachy , as this of the presbyterians be so desirable amongst our kirk-men . furthermore , when such impetuous appetites of all the clergie in scotland , backs with some thousands of ours in england , shall also fall in at the same time with the interests of so many of the nobility , gentry , and souldiery in scotland , as drove a very thriving trade heretofore by siding sometimes with the king against us , at other times with us against the king : and these things can be no other way compast , or pretended to but by the ambiguous sense of the covenant : we cannot wonder , if the covenant be held so venerable a thing as it is in scotland , and made the price of blood and war , as to every puntilio in it . more then this needs not be said of the scotch presbyterians , if as much could be said of the english independents , and that they may have as fair hopes , and probable ends against the scots by suppressing the covenant unduly , as the scots have against us by inforcing it immoderately : i would willingly quit this as a nugatory , weightles presumption . the last thing that may deserve to stay and take up our thoughts a little is , the issue , and event that both sides have met with , and this may justly sway our censures in such a question , as this is . the king being driven to extremities in oxford , and being privy to the differences betwikt both nations about some constructions of the covenant , chose rather to cast himself into theirs then our hands ▪ and we cannot imagine that the king which so hated and feared the true intent of the covenant , would rather intrust his life to those which he thought more true , then those whom he thought more false to the covenant ▪ but what successe had that trust of his ? it cost him his ruine in the end ; for they which interpreted the covenant for his purpose whilest he was to put ● great prize into their custodie , soon found out a contrary interpretation , when the parliaments money out-weigh'd that prise . this end their animating him divers times against our propositions tendered , when the king was thereby , and by other secret correspondencies rendered more dangerous to us , and more uncouncellable to himself was fatall to him . but now since in favour of his son the former interpretation is resumed the second time : how has the case been altered ? the case in truth is even thus , the young king has repented of his coming amongst them , the kirk begins to repent of his admission amongst them : the hand of god has been heavy upon both : and t is almost come to this , that the most conscientious presbyterians in scotland must read the covenant in a new sence amongst us : whilest all the rest must lay afide the covenant wholly amongst the ancient , professed enemies of it . i will not strain this argument of successe too high : but this is to be remarked , that the successe here put , is not ordinary , or meer successe : forasmuch as it has been sent from heaven after solemn appeals thither made by two religious parties , and as the honour of god was much concerned in it , so the manner of sending it was more then ordinary . we draw nearer now to the covenant it self , and shall consider it first in the whole , and then in its parts . the first clashing we had with the scots was about the right which each nation had past to the other meerly by joyning in such a mutuall , sanctimonious stipulation : for when we objected to them upon severall occasions , that they interposed too far in the affairs , and councels of england , they as often gave us this answer , that we were not since our conjunction with them in the covenant and treaties to look upon them as strangers , or so far distanced , in the interest of england , as they were before . this was at large refuted , and silenced by the parliament , and therefore little need to be said in it : and indeed leagues , and pacts are common amongst all other nations , yet no man ever argued such a state is united to such a state as to such a particular war , or as to the attaining of some other particular purposes , therefore they are incorporated into one state , and united as to all other purposes whatsoever . this is ridiculous : sense , and experience is sufficient to explode it . and if the scots plead further , that there is something extraordinary in this bond of the covenant , which knits faster , and closer then all other bonds : proof will fail them herein : and yet if proof were not failing : their equality of interest with ours in england would not follow notwithstanding . for either the covenant has reduced our two states and dominions into one , or not . if it has not ; then the english mans interest is as intire , and remains as distinct from the scochmans as it was before : confusion of properties is a thing as abhorred in policy , as a vacuity is in nature . but if both the governments by our covenant adunation be compacted into one , and the same : then where is that one and the same supreme tribunall , which is equally to determine all nationall disputes , and may legally challenge submission from all aggrieved parties ? should an army be committed to . generals , and the commission specifie nothing concerning the partition of their commands , and prevention of their rivalities , nothing but ruin could be expected . therefore the very letter of the covenant was so far from intending to take away all severality from us , that it clearly puts each nations liberties and rights amongst those other things , which it proposes to it self to save by this promised assistance of each nation : ordring likewise this assistance , that no man should yeeld the same otherwise then in his severall place , and calling , and according to all our severall places , and interests . t is the more immodesty also in the scots to arrogate to themselves an equall share in the rich common-wealth of england , which the english never made any pretence to in the like barrener soil of scotland . but if a moity of our english government in all cases whatsoever be not due to the scots , as they are our brethren in covenant with us , and equall parties in the same stipulation : yet in the next place we cannot deny them an equall share in the judgment of the covenant , and all disputes about the same . if they be contractors with us , and by vertue of the same contract are as well inabled to require performances of conditions from us , as they are obliged to perform conditions to us , it stands with all manner of equity and reason that they should have as great a latitude and freedom , as we , in determining what is to be performed on either part . we deny not to the scots the same extent of judging in england , as to covenant differences , which we claim in scotland : this onely is denied by us : that either they are as properly judges of matters in england , as they are in scotland , or we in scotland , as in england . this was the fallacy that should have blinded us , but there is no such great depth of sophistry in it . the states of england and scotland are equally independent ▪ & the covenant cannot grant to one equall a jurisdiction over another . so long as both nations stand upon equality , and confesse no superiority to be in either : so long it is vain , injurious , and against the ends of the covenant for one to passe sentence upon the other . t is vain , because the sentence has no operation at all , the party sentenced protests justly against it , and all third indifferent parties look indifferently upon the sentence and protestation . t is injurious ; because he that condemns his equall , does that to another , which he would not have another do to himself : and if there be no other superior judge on earth , he intrud● into the chair of god himself . lastly , t is against the covenant , because the intent of the covenant is to settle peace , and amity by offices of justice and humanity betwixt the nations : whereas there can be no end of controversies and hostilities , when sentences shall be spoken against parties that are no inferiors , and that by parties that are no superiors . the scots therefore in this have been exceedingly too blame , and there is no doubt but the ruine of the king , and all the late miseries of their own wasted countrey have been derived from this strange insufferable arrogance of theirs . t is frequent with them to protest against the parliament of england as no lawfull authority ; to denounce against all the souldery of england as sectaries , rebels , and regicides ; to upbraid all the gentry , and comminalty of england submitting to the present government , as men that prostitute their consciences to a sinfull shamefull thraldome : to incite all the presbyterians , and discontented persons in england to the kindling of new flames amongst us . and this is more then to invade a moity of the legislative power of england , this is to seize all : this is more then to claim a jurisdiction in covenant affairs , this is to in vas● all us totally in all cases whatsoever : this is more then to pronounce judgement against us at home in civill cases , this is to pursue us with fire , and sword , as well forrein , as domestick . should our nation now descend to the like outragious recriminations , or rather feminine altercations ▪ being first provoked , and having juster grounds , what an odious noise would this trouble all europe with ? well : but still there is something to be said for the scots : if they may not call us to their own barre , as they are our fellow covenanters , and as they are equally parties in so religious a league with us , yet there is another bar to which they may cite us , there is still here upon earth a barre of common equity and reason ; and at this bar●e the english are accountable for all their delinquencies against the covenant . to this we agree , and shall appear a● is required by the citation . the late king some years before the eruption of these troubles had made many dangerous attempts against the purity of the protestant religion , and the liberties of the subjects in all the three nations . now in . when arms were taken up on all hands either for assisting , or opposing the king in those his designes against religion , and liberty : the covenant was formed by that party which rose up against the king , and the main , primary use , it was formed , & intended for was to protect religion , and liberty against him , and his adherents : the formers of it also at the same time took notice , that the cases of religion , and liberty could not be well separated , forasmuch as the king if he prevailed against the one , would more easily prevail against , the other . religion was the richer free-hold , but liberty had the stronger fence to preserve it from the violence of intruders . it was likewise visible that religion would make the people more zealous for liberty , and liberty would impower the people the better to defend religion . besides , suppose the taking away of the people , and you suppose with all the taking away of religion , and suppose the taking away of liberty , and you do in a manner suppose the taking away of the people ; for the life of a bodie politick consists not in living , but in living free . the covenant therefore primarily , and ultimately proposes to it self the safety and prosperity of the true protestant religion in the safety and liberty of the three nations , and the safety and liberty of the three nations in the safety and prosperity of the true protestant religion . all other articles in the covenant are but secondary , and subordinate hereunto : and they are to have respect from us not as they stand higher , or lower in order , but as they are more , or lesse serviceable to those higher purposes , for which they were at first ordained . upon this ground , that branch in the covenant which obliges us , to seek god in this sacred ingagement by a speciall amendment of our lives , and reformation of our own private wayes : at such a time as this , merits the honor of the first place . and next hereunto worthily may succeed those . branches by which the nations are so strictly confederated in peace , and amity : and by which all parties to this confederation have past their solemn pacts to be assisting to each other , & bringing all opposites to condigne punishment . that branch which was inserted in favour of the king ( at that time the principal enemy of the covenant ) and for saving of his prerogatives ( so desperately at that time disputed by the sword ) if it could challenge any place at all , could certainly challenge none but the last and lowest , how soever the scots had ranged it , and do still propugn it . nothing surely could more cloud the meaning of each part in the covenant , or more pester , and perturbe the whole frame of it , then this insertion . the same oath to god now binds us in one clause to pursue with fire , and sword all that are enemies to this oath , and yet the grand enemy of this oath by another clause in the same oath , is preserved inviolable : nay that clause which preserves one enemy , has a local preference before , that which pursues all . hereupon if a commission be taken from the king to destroy this solemn league , he that takes it dies ignominously as a traytor , but he that gives it , has that indemnity given by the covenant , which his kingly office could not have given him . the very penning also of this article leaves us very dubious , and perplext , how far the kings royalty is saved to him : for the saving is not absolute ; but refers to some thing in order above it : and that is the saving of religion and liberty ▪ here therefore two new doubts meet with us to intangle us : . in what degree the king may be proceeded against , when in such a degree he indangers religion , and liberty : ly , how we shall exactly judge of these degrees , when our judgements are wholly left at liberty , without any limits , or marks set by the covenant . the scots have proceeded so far as to imprison the kings person , and to sequester all his royall power , which is a temporary dethroning , and deposing ▪ because they suppose religion , and liberty was so far impugned by him : but they suppose that from an imprisoned , sequestred king no further offence , or danger can arise : and therfore he ought not further to suffer . this is sufficiently erroneous : but this is not all yet , for they will not only thus expose religion and liberty to greater hazards in their own countrey , but they will over-rule us with their errors , and inforce us to run the same hazards in our countrey likewise : and this is more , we are sure , then the covenant enforces us unto . and doubtles this is very hard . for besides that there is no nation , nor scarce any individuall person in any nation , who is not judge of his own danger : in this case our judgement is wrested out of our hands , and resigned into theirs , who are the creators of our dangers , and have declared for , and thereby diverse times exasperated our greatest enemy against us . in novem. . before the covenant was consummated , the lord generall essex moved in parliament for the shortning of our war , that the king ( who perchance was then encouraged to prolong the same out of hope of impunity at last , in case his arms should miscarry ) might have a peremptory day set him to come in , or else to know his danger : and this was consented to by both houses , but obstructed by the scoch commissioners : what service was done to the king by this obstruction of the scots , and divers other the like ambidextrous dealings , since that time , and how much longer the war was protracted by it , and how much mischief the same has at last drawn upon the scots , as well as us , time has clearly enough demonstrated . and yet still , upon this the meanest , and most intricate article of the covenant , they think they may break the unity , and peace of great brittain against one of the most indisputable , fundamental tyes of the covenant , and that onely to shew their zeal to an anti-covenanter : which is a breach as indisputable , and fundamentall , as the former . the intrinsecall form of the covenant binds one party to assist the other against a common enemy : it binds not one party to be assistent against the other : for how can that be call'd assistence , which is direct opposition ? besides , it binds specially to assist against such an enemy , as is injurious to the others right , freedom , and property : and can the scots perform this bond to us , when that which they call assistance to us , is opposition against us , even by taking away our right , freedome , and property ? for what right can remain to us , whilest we are subjected to their forces , what freedome , whilest we are to be judged by their discretion ? what property , when we have lost the independency of equals ? certainly if we covenanted with the scots as equall parties , we did not covenant with them , as superior judges ; and if we had so covenanted with them , our covenanting by oath with god had been superfluous , but we hope that will not be held superflous : and therefore we will not endeavour to assoil our selves before the scots , we will onely in charity let them know , how we have hopes , to be assoiled before god . the change of government in england , which could not be without the execution of the late king , and rejection of his posterity ( more then they could be without change of government ) was urged upon us ( and god , before whom we plead , knows we had not long premeditated it before , nor imbraced it willingly at last ) by two unanswerable , irresistable arguments . the first was drawn from our duty to god : the second from the naturall , necessary care of our own preservation . the first argument pressed us hard , that what god had commanded could not be reversed by any act , or pact of man : that god had commanded us , to punish blood with blood in all persons whatsoever under the power , and force of our laws : and therefore our covenant could not exempt the king himself ▪ if it be said , that the king of england was above all law ; that has been disputed by the sword these many years , and decided for us by signall victories : and the scots have appeared as far upon that triall , as we have done ; and after that triall , t is unequall for us to descend now , to any other . we prescribe nothing to other nations , whose kings have a legislative power , and thereupon are solati legibus , and have their very wils interpreted , and observed as laws : nor do we censure such states as have princes subject to laws , yet use not rigor in all cases whatsoever . we are willing that every one should stand , or fall to his own master . onely , when immuring , sequestring , deposing , impoysoning of princes has been very frequent in the world , that no nation can be excused thereof at some time or other : this seems beyond admiration , that our judiciall , publick execution upon the late charles should undergo an harsher censure then all these , meerly because it wanted not the due solemnities of law , and justice to attend it . may a prince be reduced from his publick capacitie , and when he is made a private person shall he be treated so , as no private person may be treated ? shall he be subjected to clandestine , unlawfull proceedings , belowe the right of a common person , because he was once more then a common person ? and shall either jurists , or statists that have any insight into the laws of god , and nations , stand for a secreted veiled justice , such as blushes , and dares not shew her face in open court , yet passe neglects upon that justice , which as far abhors darknes ? and disdains the use of masks ? our next argument was drawn from the hard necessity that was incumbent upon us for saving our selves from utter ruin . divers times we had made humble addresses to the king for a cordiall pacification , the lord knows our sincerity therin : and the scots that are now our accusers were for divers years our witnesses in that behalf : but before . the k : had too much confidence in his english , and irish abettors , and so would not hearken . in the year , . the kings english forces in england failing , we made new addresses at newcastle , where the king was in the nature of a prisoner : but we soon found at newcastle that the kings confidence was still supported there also by something that had been infused unto him by the scots , and so that hope prooved frustrate likewise . the dealing of the scots herein was very close , the english that were in commission with the scots for governing the affairs of that army in the scotch quarters , knew nothing by what invitation the king was drawn from oxford thither , nor to what purpose montreil the french agent was there solicititing ; but when our propositions were rejected , and that the scots ( who joyned with us in tendring them ) began to dispute the kings interests , & their own against us in other things : and that their learned mouth louden professed against the rigour of our capitulations , in the same elaborate oration to the king , wherein he so zealously laid open the necessity of them , we could not but discern a halting in that nation : and that that halting had as strange an operation upon the king . the king thought now he had gotten as great a strength of scots in the north , the same being likewise fain away from our strength , as he had lost of the english at nasby , and in the west : and for our parts , had the scots been gold-proof , we should have thought so too . the disposing of the king was the matter in question : the scots were not desirous to take him into scotland , nor would leave him in england : but being under our pay within our own territories , where we had publick persons in commission with them : without the parliaments or their commissioners consents , they would be a guard to him in england , till their parliament at home were further satisfied . in the mean time after a long consuming war ended , england was constrained still to pay and maintain two armies : the scotch to prevent a new war if that were possible , the english to sustain a new war , if prevention proved unpossible : so that every moment was irksome to us , whilst the kings pretentions was an occasion to draw so much treasure from our coffers , and it was as irksome to the king to see the scotch arrears , or any thing else besides his pretentions brought into debate , but at last the scotch arrears took place , and justled out the kings matters ; for after a great sum agreed upon , the scots quite contrary to the high expostulations of some of their papers , thought it honorable to leave the king in england , and the english thought it as profitable to buy the scots out of england . this probably might prepare the king for new pacificatory addresses , partly by damping his hopes in the scots , and partly by defeating the next privy applications of the scots to him : and partly by giving a better rellish of the english whose prisoner then he was , & yet had been treated very honorably ; but this would not do , new propofitions were once and again sent , and denyed , and new assurances from the scots were admitted , which procured thosy denyalls . nay , after that hamilton in . commission'd by the parliament and presbyterians in scotland , had invaded us with men , and was beaten , and a new party of kirkmen of a contrary party to hamilton , had gotten the sway of the state into their hands , by the help of our forces who pursued the hamiltonians beyond the tweed ; the english still received further repulses . so vowedly inflexible was the king against all that could be tenderd by the english , though even when his condition was grown lowest , and the parliaments propositions not at all raysd higher , and so vowedly obstinate were the scots , and all parties , and factions among them upon all changes of affairs whatsoever , to make all agreements of the english with the king , disadvantageous to their fellow covenanters . their voluminous papers yet shew what they pretended to in disposing of the kings person in england : what a negative voice in the parliament of england they would assign to him : what revenues , and signiorys out of the court of wards and elsewhere they would secure to him : what power military , and judiciall they would intrust him with in england : and how all should be managed by the joynt advice and consent of scotland . in summe , the king must again be more humbly sought to then ever : he must be discharged of imprisonment , received in pomp at london , to treat about what we had to propose : and his freedome must be such that he must sent for , and advice with what delinquents he pleasde : if we granted the scots this , we left our selves nothing : if we denyed , all ireland was at the kings devotion , all ormonds , all oneals adherents , all the old irish , all the english irish : all the protestants , all the papists were against us : we had then scarce three considerable towns left in that countrey : in scotland all that montrosse , all that huntly , all that hamilton , all that arguile the kirks champion had any power in , even jo : cheesly himself to get a dubbing at the last hand was for the royall cause : in england the clergie had imbitterd the city , and the city had sharpned the countrey against the army , and against all that had not forgotten the first quarrel with the king . the parliament it self had some leading men in it that had secretly capitulated with the king , and those false leaders had many other ignorant followers that would beleeve no such matter . at such a time as this , when all forrein states desired , and contributed something to our ruin besides ; and the king had as free scope to sollicite and treat them as ever , and did make use of his time , especially to conclude with the irish : what should the army do ? to execute the king , and eradicate monarchy , was to expose themselves to a thousand hazards , and extremities : to spare the king , and monarchy , and submit to the scoch presbyterian faction , was to perish inevitably : to treat with the king brought them upon this perplexity : either they must propose things safe for the state , and then they had no hopes of prevailing : or they must propose things unsafe , which would be sinfull , dishonorable , and ruinous to them , as well as others in the end . i am confident england never travail'd with such sharp throes , or strugled through such gasping agonies since she was first a mother : and none but god could have given her such a deliverance . when the king was retrograde to his trust , and with the swinge of his train had swept all the chief luminaries out of our firmament : when the clergie was generally disaffected , and with their doctrines had almost poysoned all the city , and almost half the countrey , when the remaining part of the parliament that had stoodout the brunt so long , and wetherd so many gusts became recreant at last , then did an army inspirde with strange courage but stranger counsell from above , step in to save their sinking countrey , over-powring all the windes , and waves that raged against them . the wonderfull dispensations of god bringing great matters to passe by such crosse meanes must be observed , and adored by all that are not aliens from religion : and i doubt not but future parliaments in future ages will be amazedly affected with them : but of all men we that now live , and see the effects of that critical time , and what a prospering posture we are now in , within so short a space , in england , scotland , ireland , and round about by the seconding mercies of god since , must needs most gratfully recent these things , except we have sold our selves to atheism & rebellion against heaven . the chiliasts from hence and from the race ordering of all our commotions , since , . & something before may assure themselves that christ is to reign upon earth , and that he ha's already taken the scepter out of the greater warriors and counsellors hands of the earth into his own : for the hills are now plained , and the vallies are raised , and yet there is no humane hand appearing in it . some men thinke all successe unworthy of all regard , as if there were no difference between the administrations of god in his church in times of distresse , and his disposing of other mens ordinary affaires at other times : or as if alexander , hector , caesar , had foyled their enemy by the same inward promptings as joshua , david , and judas machabeus did : but this certainly is an irreligious error : for as there is a generall providence of god by which the course of all naturall things is steered : so there uses to be a speciall interposition of god in some things and is to be acknowledged , when his owne honour and interest is specially concerned : and this speciall interposition is sometimes of the finger of god , when the effects are lesse supernaturall ; but when the effects are more stupendious , and beyond reason ; the scripture it selfe stiles this the making bare , and the stretching forth of gods arme . they which are disaffected to the late egregious proceedings of god in the world will not , but they shall see , and owne this truth . but let us returne to the procedure of our affaires ; when the army saw it selfe surrounded with so many dangers , and insulting enemies ; it began by some faintnesses , and carnall doubts to grow dangerous , and an enemy to it self ; it began to receive suggestions that the removing of a king and kingly power was like to prove more unfeaseable , then to treat a king into reason . and this was likely to have proved the more banefull , because the king by speciall graces was as ready to draw them into this ambuscado as they were prone by their irresolutions , and diffidencies to run into it themselves ; for 't is thought all agreements with the king would have been short lived , but if any had been made with the army , that would have bin but as samsons wit hs , and ropes , which was the reason , that the king , upon whom five addresses of the parliament had wrought nothing , seemed to lay the armies proposals , though little differing in substance , exceedingly to heart : howsoever it pleased god at this low ebbe of things , when the army was weakest , and most apt to be inveagled , and when the king was securest , and had most hopes to inveagle , to break off that treaty , and then was brought on the last with the parliament in the isle of wight ; which when it was likely to overturne all by accepting of the kings concessions ; then also did god make the army his instrument , in preventing that sad conclusion . the debate in parliament after the returne of the commissioners , was ; whether the kings concessions at that treaty had been such , as might make further applications hopefull , or no : and after a very long time ▪ spent , the affirmative was voted . this vote struck a true apprehension of an universall imminent danger into the army ; for , now an accord with the king by the sense of the parliament was to be hoped for , whereas in truth any accord ( besides an absolute submission of the king ) was sufficient to take away all hope ; for since the king unsubmitting , had no visible obstacle betwixt him , and his long , eagerly pursued ends , but the army : and any accord was certaine to discard , or new form that army , the security of all our laws , and rights ; yea , and lives was solely to depend upon the kings honour : and what was honour in his sense , who was so principled , and who had now for diverse yeares waded through so much bloud , and exposed himself , and posterity to so certain a disinherison , only to be true to his principles , any ordinary man may determine ; immediatly therfore after this vote past , the army saw no other remedy to prevent their eminent overthrow but to lay a hand of force upon the affirmative voters in parliament , and to bring the king to a tryall , which were done accordingly , and so both they prevail'd and we were preserved as to this day . some say t was more noble to trust the king too much , then too little : but these consider not that trust is not always alike free ; in this case distrust could ruin but a few , and that by a legall course ; but trust was likely to have ruin'd millions , and the laws to boot . some of the scotts say ; god was able to save religion and liberty in despight of the king : had he prov'd perfidious , and therefore if the king was not to be trusted , yet god was . these consider not that god holds himselfe tempted , not trusted , when we leave the use of ordinary hopefull meanes on earth , and rely upon unprovmist succour from heaven . some say if the king was not to be trusted , yet the army had no lawfull warrant to judge of him , and the parliament , but these consider not that extream , eminent , and otherwise insuperable dangers give private persons ; yea , single private persons , an extraordinary warrant to defend themselves , and others : and this warrant will be avowed by necessity , the exception , that all law admits to be within the reach of no law ; and the danger was here extream , because it concerned life , religion , liberty , and all that could be endeared to man : it was likewise eminent , because another day might have prevented them by disbanding , or some other way . lastly , it was otherwise insuperable ; for that there was no other judge , or hand on earth that could hear and relieve them . others say still , the danger was not so existent or manifest to other men , as to the army . let it be considered by these ; that nature has entrusted to every man a speciall custody of his owne safety ; and there is none of us all , but would be loath that the same should be transferred to another mans care , viz. in cases extraordinary , where legall remedy cannot be had in a common way . in matters of fact , where no full proof can be had , every mans judgement is to be lesse peremptory , and to take in as much of charity as is possible . whether the king would indeed have broken his trust , or no : and whether the army did falsly pretend such a fear , or no : neither of these is matter of law , nor liable to any infallible proof , as to the fact : wherefore i may sin against charity if i passe my judgement against either , but i cannot sin , if i leave the judgement of both to god , and to waite for his determination . some in favor of the king frame conjectures that he was probably very firme in performing because he was so slow , and circumspect in ingaging : and that if he had been lubricous or profuse of his faith , he would not have refused an accord with the parliament so long upon what tearms soever . others make use of contrary conjectures to a contrary purpose ; alleadging that 't was but art in the king to dally , and to trifle away some time with the english , to set the higher esteem upon his constancy , and make them the more assured of his performance : that he was absolutely secure of the englishmens facility , and plain-dealing , and never made any doubt to be received at his own pleasure : that he was never to his last day void of other confidences , or destitute of other plots to compasse his designe by force , that for his fidelity , and the value he set upon promises ▪ and oaths , and the infinite subtilty he had to evade any ingagement whatsoever , scarce any forraign state or prince in europe was ignorant in that point . that scarce ever any just , or innocent man fell under the weight of such transcendent , unparraleld calamities . but i list not to leane upon such reeds , as conjectures are ▪ t is enough for me to know that whatsoever man intends , or acts wickedly and perversly , god orders , and disposes rightly , and profitably ; may he so do for england , scotland and ireland , in all these late mutations . it remains now , that we cleer our selves in point of church-reformation : for having covenanted to reform in doctrine , discipline , &c. according to the word of god , and the patterns of the best reformed churches , we are bound ( as the scots maintain ) to take our pattern from them , and that , we , as yet refuse to do . this is the grand , and most heynous charge the scots have against us : and because we follow not the modell of scotland , which they hold the best reformed church in christendom , they seek to overwhelm us with a thousand calumnies , and labour to possesse the world that wee are nothing else but a lerna of heresies , and a sinck of all uncleannesse . to this we answer , . when wee are bound to reform according to the word of god , and the examples of the best churches ; wee conceive the word of god signifies all , & the examples of other churches signifie nothing at all ; for those are the best churches that reform neerest to the word of god , and what churches have neerest reformed cannot be known but by the word of god it self , so that that instance might have been spared . . if it come to tryal by the word of god , whether the scots reformation be the best or no , the scots therein can challenge no more priviledg of judging , then we or any other church . when we were governed by bishops , the gospel of christ was as purely delivered in england , and as heartily embraced by the english ( any being judges besides the scots ) as ever it was in scotland : and shall it be said , that because wee have cast off bishops , and thereby come some steps neerer to the scots , our doctrine remaining still the same without all innovation , shall it be said that our very approaches have ●●st us backward ? it will be required at their hands who are intrusted with the government of christs church , that his word and ordinances be piously and duly dispensed : and it will be required at their hands who are governed , that the dispensation of christs words and ordinances be faithfully and sincerely entertained : but if the governors rightly discharge their duty , and the governed fail of theirs , the governors shall not answer for what they cannot help ; 't is god that gives the encrease , and does the saving , inward work : the minister cannot go beyond planting , watering , and doing that which is the outward work . 't is one thing therefore for the scots to upbraid the flock , and another thing to upbraid the overseers of the flock , and yet the scots constantly take an advantage against us by confounding these two things . for the people of england , we must confesse they have been of late too much tainted with heresies , and monstrous opinions : pudet hae● opprobria nobis , & dici potuisse , & non potuisse refelli : i hope all good men are grieved and humbled for it ; but let the scots consider , . that growing of tares in gods field , does not alwayes shew that the husband-man sowed ill grain , the contrary rather is true : inasmuch as the more busie the good husband-man is culturing and improving the earth , the more sollicitous ever the enemie is in casting in his malignant seeds , & the more readily eager he is to debosh & mar the crop . it was so with the church of christ in it's infancy ; it was so under constantine in it's maturity ; it was so in luthers dayes , when it began to recover out of a long lethargy : and we must expect the like now , when our aces are set upon the last , and greatest calcination as ever the church saw : as reformation now in the ends of the world , when the chiefe mysteries of iniquity begin to be revealed , will most annoy sathan , so sathan will double his rage to annoy us accordingly . hornius the dutch-man , a great friend of the scots , and who in favour of the scotch presbytery , has written a bitter tract in latine , to defame us in germany ; after he has represented us as the most leprous , contaminated nation in the world ; yet confesses withall , that to the prodigious revoltings of some amongst us , there is an answerable improvement of others in burning zeale , and shining sanctity . in religion beauty and deformity are not inconsistent : those times often which have been most glorious for divine dispensations of knowledge and grace , have been likewise most deplorable for persecutions and apostacies ; and this has ever been a great stumbling block to carnall minds . if therefore the great lyon range and roare , and ramp lesse in scotland then in england , let not our brethren boast of it , or think themselves the more safe . . let not partiality blind the scots ; strangers think scotland ha's as great cause of humiliation as england , if not greater . iliacos intra muros peceatur , & extra ; it were more christian-like in them , and lesse pharisaicall , to aggravate their own sins , and extenuate other mens , then to extenuate their own sins , and aggravate other mens : and if they wil remit nothing at all of their rigour against us , yet let them not stuffe their long catalogues of pseudodoxies with such wandring terms as familisme , erastianisme , independentisme , &c. which taken improperly , may reach the best saints of god , and are seldome used properly by any . 't is a sad thing to offend gods little ones , 't is a more sad thing to deprave many congregations of gods most precious ones . . whatsoever judgement the scots will take upon them to passe against the people in england , yet let them not alway set upon the magistrates , or ministers account what they find reprovable in the people ; let them not call us fedifragous for not redressing things beyond us , and such as none can redresse besides god ; but this has been toucht upon already . let us therefore see what is peculiarly objected to the present governing power in england . the magistrate in england is charged to be an enemie to magistracy , a strange charge certainly . the very last answers we had this last summer to our declarations upon the march of our army into scotland , tell us from the committee of estates , and commissioners of the assembly , that our expedition into scotland is to overturn religion , and government civill and ecclesiasticall , and to set up amongst them the same vast toleration of religion , as we have done in england . now if this were true , the sins of the people would become the sins of the magistrate , but what credite can this obtain in the world . as for the overturning of civill power , that is answered already ; we confesse a change of the form , but we deny any overturning of the thing cal'd government in england ; and wee hope our actions here , and in ireland , and in other forreign parts , yea , & our war in scotland also will quit and essoyn us of anarchy and ere long make the scots swalow downe their own untruths with open shame . as for the overturning ecclesiasticall also , that may be as resolutely and justly denyed as the other ; for that lawfull power which was in bishops before , is still in being ; and though we have not committed it so intirely unto presbyteries and assemblies , as the scots would have us , to the dishonouring of our common wealth ; yet we have preserved it from abolition and utter dissolution . the truth is , in pursuance of our covenant , we have consulted with a synod of divines about the best method of discipline : and they are not able to satisfie us , that the word of god ( the rule limited by the covenant for our reformation ) does invest any convention of clergy-men , who claim to be the only due representants of the church , and immediate vice-gerents of christ , with supremacy of independent power in all causes ecclesiasticall . the pope claims no more in the pale of the italian church ; the popish cardinals and bishops in spain , france , &c. claim lesse ; and the protestant prelates , whom we lately ejected for usurpers , never claimed halfe so much . now the word of god is so farre from holding forth to us any such vast power in persons ecclesiasticall ; that it's information is contrary , viz. that the apostles and disciples of our saviour for many years after his death assumed no more authority on earth then he assumed : that our saviour plainly disclaimed all jurisdiction and dominion in this world : that by pract●se as well as precept , he quasht all rivality about power , or precedence amongst his own dearest followers . besides , if any such spirituall supremacy were vested by divine right in any such representants of the church , and vicars of christ : it were necessary that exact obedience in all things should bepayd them by all inferiours : and if such obedience were due , it would be consequently necessary , that they should be free from errour , else the alleadged supremacy would serve to no great purpose : and we know god and nature produce not great matters , but for purposes as great . this made the romish hierarchists rationally assert an infallible spirit , when they had once asserted an ūlimitable power in the church ; for where the scripture is clear , there needs no soveraign judg , every man is a sufficient interpreter to himselfe : and where the scripture is doubtfull , the doubt is to be cleared by something else of the same indisputable authority , or else that defect is not supplyed , no● can the same submission be demanded . wherefore upon this account we say , that unlesse our supream church lords ( when they take us off from our own judgments , & cannot convince us by divine authority of cleer scripture ) wil not convince us of some other divine authority in themselves of the same alloy as scripture is for the inforcing of our acquiescence : they deale worse with us then the pope does with his vassals . moreover that power in the church , which eclipses , and perturbes civill power cannot be supposed to be of christs institution : but such is the power of the clergy in scotland many ways ; ergo , for first clashings may be about what is purely a civill case , and what is purely ecclesiasticall , and all such clashings are exceeding dangerous . since there are very few cases that are not mixt , and as few mixt cases that are not unequally mixt : great questions may arise , to whether tribunall the case shall be first refer'd when it is equally mixt ; and how the tribunalls shall agree upon executing their decrees , where the case is unequally mixt , especially if the decrees be contrary , as they may be . in the year . the representative state of scotland , voted a war with england necessary : the representative kirk voted the same unlawfull ; which contrary votings might have confounded both , for if the war was necessary , the state might suffer much by the churches seditious malediction : and if the war was unlawfull , yet the people having no more warrant to obey the ecclesiasticall then civill power in matters of that nature must needs be in a strange distraction , and that distraction at that time might have created ethquakes in the whole nation . it should seem want of force in the party adhering to the kirk preserved them at that time from a bloodie ingagement against the contrary party , which might have devoured , and swallowed up all . for as soon as hamilton was defeated in england , the kirk party got help from the english army , and by force wrested the government out of lannericks hands : and then again had not lannericks side been too weak , another flame might have been kindled , and perhaps have continued unquenched to this day . now if the temporal sword be in part spirituall , and the cases of warre be held so equally mixt in scotland , that both the supreme independent councels claim an equall judgement in them , and do sometimes judge contrarily : and there can be yet no certain rule given for the reconciling of those contrarieties : it is manifest , that these two coordinate powers may be destructive to the people : and it is as manifest that no destructive institution can derive it self from god . much more might be said of the encroachments of the clergie upon the laity in cases mixt , by pretending sometimes to an equality of interest in some cases , where the laities ought to be greater : and pretending to all at other times , where the laities interest ought to be equall : the popish clergie scarce ever used more jugling and trumperie in these affairs , then the presbyterian ministery now uses . in the stating of the present war in scotland , the kirkmen go hand in hand with the committee of estates , and in their answers to our english declarations they interpose in all points whatsoever , whether religious , politick , juridicall , or military : and whether they be points of law , or matters of fact . but if a minister preach sedition in a pulpit , this appertains not to the secular magistrate ; for though sedition be a secular busines , and sedition may be preacht by a minister in a pulpit , yet a ministers pulpit sedition is no matter for secular cognizance . was the laity ever worse bridled , when it was the popes asse ? but of this no more , i will onely touch briefly upon the end of all this spirituall coordination , and so shut up this point . the clergie of scotland have spoken great , and magnificent things of the use of their spirituall sword : and the principall allegation for it was , that without such a sword in the hands of the kirk secular princes , and grandees could not be awed , and restrained in many enterprises , and crimes very dangerous to the church . but who can imagine they ever beleeved themselves herein ? when in the processe of all our late wars , that very kirk it self which told the king he was guilty of a deluge of blood , and had made himself , and his throne , and his posterity obnoxious to gods high indignation thereby , yet never offered to strike with the weapon of excommunication all that while ? if there was any correcting , restraining , healing , recovering vertue in that weapon , why did they uncharitably forbear to use it ? why did they not pitie those multitudes of innocents that perished daily under his fury ? why did they suffer the king himself to run on , and die in his persecutions ? and if their pretended weapon had really no such vertue in it , why do they brandish it so ludicrously onely to dazle our weak eyes ? the next objection of the scots is , that we have not onely sequestred a great part of christs spirituall power , and detained it in lay hands , but have also abused the same power ; tolerating thereby , and countenancing all manner of heresies , which is directly contrary to our covenanted reformation . our answer is , that we are neither intensively , nor extensively lyable indeed to this objection . for , . all sects , and scandals are not permitted by us : nothing is more distant from truth , then this suggestion . all grosse sins , and seducers are supprest with as quick severity as ever : nay since the norman conquest there have not been so many sharp laws made against adultery , swearing , blaspheming , sabbath-breaking , and open prophanation , as have been made within these few yeers . all the remission , and relaxation that our parliament has indulged of late is only towards tender consciences , where men comport themselves civilly , and inoffensively towards their neighbours , and attempt to innovate nothing in the church for perturbing of religion ; and even in this also we havenot extended our indulgence so far as the united states of the netherlands have , and divers other protestant princes in germany . the truth is , we do not finde such danger in erastianisme , independentisme , anabaptisme , round-headisme , &c. as our rigid presbyterians suspect : and this would not dislike the presbyterians themselves , if they were men willing to do to others , as they are willing others should do to them ▪ for they themselves are sensible , that we can never desire more gentlenesse from them to us , then is now shewed by us to them . ly , that toleration which we are accused of , is but a non persecution in its most intensive degree : for we use all christian means , besides force , to reduce such as wander , and divide from us : and we are far from cherishing schismes and broyls either in church , or state . our saviours own parable allows us where weeds have gotten head , and are as numerous as the standing corn , rather to spare the weeds for the corns sake , then to indanger the corn for the weeds sake . howsoever , it would be some charity in our traducers , if they would advisedly consider how the growth of our weeds came at first to be so rank amongst us : and thereupon joyn with us in humiliation for it , not exult over us in scorn , and derision . upon the first defiance given by the king to the parliament , half the clergie at least fell away from this cause : and before that rent could be sowde up , there happened a second distance betwixt us , and the scots partly upon a royal , and partly an ecclesiasticall account , and that distance drew on as great a revolt of the clergie as the former . and how can any man imagine , but that strange disorders must needs follow and abound in a church so deserted ? when the dressers of the vineyard do not onely quit their charge , but throw down the mounds , how can it be expected but that bores and foxes should break in ? and indeed the parliament is still ill beset , for either they must deny preaching to the people , to three parts of foure , or else they must yeeld the pulpits to their seditious enemies : and to such as shall seek to wound the magistrate through the souls of the people . this being the parliaments hard case , it may better become the scots , to whom may be attributed a great part of these disturbances , to afford some pitie , and help , then to adde miserie to our miserie . this is sufficient to plead for our indulgence , let us onely advise the presbyterians not to take unjust offence thereat , or to stumble into the contrary extreme . t is wofull to see how rigidly the ministers carrie themselves towards the poore people in many places , and what an absolute discretionarie power they challenge in many places over the ordinances of god . there are many parishes in england where the people have not been admitted to the sacrament of the lords supper , nor some infants to the sacrament of baptisme for a long time . this deserves much bewailing ; for certainly god gave these rich legacies to the diffusive body of his church , for the spirituall comfort of the meanest servants of his , and not to that which cals it self his representative body , to be a trade , and monopolie for their advantage in this world . but i have done : if the world now finde cause to condemne us of dealing treacherously with the covenant , and our fellow-covenanters , in that we have not submitted to the scots , and for their sakes disclaimed our own judgements and interests to gratifie the king , and the presbyterian clergie , with our perpetuall servility : let us fall under their condemnation . or if the world can justifie the scots as pursuers of that union , freedome , and fidelity which was aimed at in the covenant , when they made themselves our lords to give us laws in our own dominions , and when they did not onely raise sedition here in our own bowels , but came in with an army of . men to devour us : let them stand upright here , and injoy their wished triumph . our finall assurance , and comfort is , there sits a judge in heaven , who can neither deceive , nor be deceived , a judge that hears all appeals , made above , and does right at last to all that groane under oppression , and injustice belowe . of the scoch warre . vvee have seen how the covenants waxen nose has been turned and moulded into many forms : wee see now cause to suspect , that 't was made so large at first , and compacted of such materials , that like the grecian wooden horse , it might tear our walls the wider upon its entrance , and discharge the more discords , and dissentions amongst us after its entrance was procured . we see it was intended by the honest party in england for cement to unite the nations in a more arct , faithfull confederation , then ever our ancestors knew : but the couching of it was obscure , and left liable to so many false glosses , that it soon became {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . our brotherly offices of assistance soon degenerated into harsh expostulations : harsh expostulations begat secreet feudes , and secreet feudes heightned themselves into open hostilities . the question is only , when open war commenced betwixt these nations , whether the scots first invaded us by their duke hamilton , above two years since , or whether the english first invaded scotland this last summer under the command of the lord gen. cromwell . for a year or two after reception of the covenant in england , a good correspondence was kept betwixt us : the scotch commissioners sat in our committee of lords and commons at darby house , whereby they were admitted into the knowledge of our highest and secretest affaires , and had opportunity to frame parties amongst us for promoting of their own interests . out of these kindnesses sprung our first unkindnesses , for the more honour was given to the scots , the more still they thought was due , and the more they thought was due , the worse use they made of all that was or could be given them . so all jealousies could not long be supprest , for in time some of our lords and commons saw cause to conceale some things concerning this state from them , and this was extreamly ill taken , and indeed no otherwise then if it had been a reall piece of injustice to the kingdom of scotland ; but moderation as yet kept both within reasonable bounds . mr. a. henderson was then living , and conversant in those businesses , and surely he was a man of an apostolicall spirit , and though a great lover of his countrey , yet he knowingly durst not interpose in an ill action , for his countreys advantage : and i am perswaded he did very good offices and kept us from further jars during his life : and if he had lived longer , would have prevented much of what has hapned since , ▪ besides , presbytery the scotch clergies darling seemd plausible at first to the english , and soon grew indeared to our synod , and for a good space it got such footing in england , that the scots had no cause of dissatisfaction in that behalf . the king also the other darling of the scotch nation , till about the latter end of summer . prosperd so that he more slighted the scots then he did us , and so about him , there was no great cause of animosities : and if any did appear , they were more easily to be digested ; but when the english army under the lord gen. fairfax had in one summer defeated , and utterly broken two very great armies of the kings , and taken in divers other considerable cities , and strengths without any help at all from the scots , many emulous considerations began to breed strange alienations in the hearts of our brethren . the easie warfare of the scots all this while had afforded them , besides good store of pay and plunder , an absolute signiory over the northerne counties ( our northerne men tell us wofull stories till this day ) and now they saw that rich service , or rather absolute dominion was likely to come to an end , they thought sit to strengthen themselves in berwick and newcastle , and they got carlile also by very foul play in spight of our commissioners , as if they were resolved and certain to have a dispute with us . likewise in . when oxford grew straitned , and unsafe to the king , and when it was visible also that presbytery after so many years experience , did not altogether rellish with the english , the scots presently resolved ( as was related before ) to expound the covenant in favour of the king , at least for setling and securing their arrears , and making a commodious retreat out of england . accordingly that article which provided for the kings interest , served their interest wel enough , and war so well commented upon by them , that it held us at a bay , till their contract was perfected , and then after a long dispute very chargeable to our nation at the instance of an army , and li. they delivered up newcastle , barwick and carlile , and took time to study the kings article a little longer . in the year . there was no notable businesse for the souldier , england took a little breath , having nothing to do but to squench the few remainders of war , and scotland kept at home to share the late gotten spoiles of england ; yet this year there past some new cajoleries betwixt the scots and the king , and some contests betwixt the scots , and us about the king : and no doubt , the next years action was now in forging , and all preparatory hammers were on working . and now enters the memorable year of . a year never to be forgotten by the english , in regard of the unparralleld dangers that then overspread it , and the unspeakable mercies of god that then protected it . all the enemies of this poore common-wealth were now in a solemn conjuration against it . in ireland all was held past recovery : ormond the parliaments revolted servitor , was complying with the bloody irish , and betraying his own religion into the bargain to get some of their forces into england : in wales , in kent , in essex , in surrey , great bodies of men rose up , some upon the old royall account , some upon a new , whilst many also of the navy fell away from the parliament to make the case the more desperate . no lesse then english did their endeavours this summer to make way for hamilton , from whom ( by good intelligence doubtles ) they expected scots . great was the goodness of god that all these confederates could not be in a readiness at one and the same time , and that all the forreign princes round about us which favoured them , could not be assistent to them that yeer : god had so ordained it , that the welsh should be reduced before the scots entred , or else our condition had been altogether hopelesse in the eye of reason . but to the scoch businesse . the solemn league , and covenant was now brought under a new debate in the parliament of scotland : and the main matter in question was , how they could be absolved of that holy stipulation , if they did not imploy all their power to reform religion , and to restore the king in england : and for the fuller agitation , and ventilation of this matter , severall grave harangues by persons affected severally were drest , and we may well imagine to what effect . agent : of the kirks party seeing the parliament filled with so great a party of the hamiltonians is supposed to begin . my lords and gentlemen : the covenant presses us all to endeavour the reformation of religion , and the restauration of the king in england by a brotherly way of assistance in our severall places , and callings : and so , as that these ends of the covenant , may stand , and agree with all the rest . but withall , it behoves us to use a great deal of caution ▪ and circumspection in a matter of so high importance , wherein the honour of god , and good of the nations is so religiously involved , not to be mistaken either in the mark we all shoot at , or in the arrows we are to shoot . as for the point of religion i am perswaded , it wants reformation in england , and i beleeve i dissent not therein from any here : but this scruple sticks by me : i doubt whether i am so properly a judge in england of religion , as i am in scotland , and if i am not ; then i fear i step out of my place , and calling , whilest i take upon me there to reform by force , which sure the covenant requires not , but excludes in expresse terms . the account of my scruples i give thus : first , if we are now judges of matters ecclesiasticall in england . we are so constituted by the covenant , for before the covenant we pretended to no uch thing and in the covenan● it self , i finde no such constituting words . ly . if the covenant creates us judges in cases eccles : it creates us the same in all other things civil , military , and judiciall : for all the interests of the king , and subjects in parliament : and out of parliament : are inclosed within the verge of the covenant : and yet no man here supposes himself bound by any words of the covenant to look after the whole administration of justice , and the whole managery of the government in england or els to stand answerable for all abuses whatsoever , that are not there redressed . ly . if the covenant give us a power so large in england , it must by the same reason give the eng : the same in scotland : for the bonds are equall , and reciprocall : and so here are discords raised betwixt us , contrary to the principall drift of the covenant , such as never can be pacified : the sword it self can never give any decision in the busines : victory may take away equallity betwixt . . brethren : but meer victory can never take away the true right of equallity . ly . the covenant injoynes us precisely to assist one another in reforming , now the word assistence intimates a concurrence with the party covenanting against some joynt opposer , it cannot be forced to intimate any violence against the party covenanting . ly , not onely the tenor of the whole covenant , but also the particular clear purport of the fifth article in the covenant mainly intends to tye a firmer , closer knot of union , and conjunction betwixt the nations , then ever was before : and therefore to rescinde a knot so manifest upon expositions , and glosses of things not manifest seems to me to be a wilfull violation of the covenant . as to the other point about the kings inlargement : much may be resumed of what i said before against our judging in england : but i forbear that : the scruples that here suggest themselves to me are these . . if the kings liberty may not be restrained , then neither any other of his royall prerogatives , honours , and powers : and yet we our selves hold all these here under sequestration , and for divers yeares of late , we have entred upon , and administred the whole royal● office ourselves : shall we then maintaine , that the k : has a right to that in england , to which he has no right in scotland . ly , if the k : has a right now to his liberty being amongst the english : it will follow upon the same reason that he had a right to the same , two years since when he was in our quarters at new●rk , and newcastle : yet all men will s●● : amongst us he had no command at all , but was under such a guard , as had a strict charge of his person , and were as rigorously answerable for the same , as any jaolers whatsoever . besides , all men know he was by us delivered up to the english against his will : and that upon contract ▪ and valuable considerations : and that we could not have justified , if we had thought he was at full liberty , and could not be thereof abridged . thirdly . a speciall● article in our covenant obliges us to bring all enemies of the covenant to condigne punishment : and we do punish daily capitally such of the kings adherents as have offended against us by his commissions , and shall we think that death is due to the actor , and instrument , when imprisonment is not due to the author and principall ? fourthly . if we dispute not about the kings imprisonment , but as it is such ; that is , as he is imprison'd by the souldiery in england without consent of the parliament there : then do we take upon us to vindicate the consent of that parliament , without consent of that parliament : and since we hear not that there is any change of the kings restraint , save onely of the persons under whom he is restrained , nor do the parliament in england think fit to use force , nor to desire our assistance therein , i doubt if we should obtrude our force therin without any call , we should offend against another proviso in the covenant , by intrenching upon the parliaments priviledge there , and by invading the subjects property likewise , which the charge of this war must necessarily draw after it . these things deserve a sober deliberation before we resolve upon the justice of this war : but then the justice being cleered , yet i conceave we are bound to all mankind , much more christians and brethren in covenant , to give what evidence we can of the justice of our cause , that if possible they may be convinced , and do right before bloud be shed . and since the parliament of england , upon reports of our preparations ha's dispatcht commissioners hither to treat about all points in difference , and we specially by treaty were held to send the like to them , and after all to give three months previous warning , before we could have recourse to the sword : i hope no man here will offer any thing against a treaty with the english commissioners , that satisfaction before blood may be either given , or taken : and if not , yet the due space of warning may be observed ; if we should faile herein , i fear we should proclaim our selves to the world abusive simulatory pretenders of the covenant , only to prophane the high gods name to whom we have all lifted up our false hands . next , since the english in observance of their faith to us , ingaged freely for our better assurance in them , have left their frontire towns berwick and carlisle ungarrison'd , notwithstanding the notice they have of our present posture : i hope we shall scorne to make their plain dealing with us a ●nare to themselves ; and thinke to chastise their fidelity with our infidelity , at such a time as this is , when we wage war with holy thoughts , and only for religious purposes . and lastly , since we are to engage out of pure conscience to the ends of the covenant , one whereof is to bring all enemies of the same covenant to a legall triall , i hope we shall not receive langdale , and the rest of the english fugitives , whose swords have drawne much bloud of covenanters to fight under our covenanters banners . this will convince us of insincerity before men , this will provoke the eyes of gods jealousie against us in the day of battail ; god must be served justly , as wel as in just actions , and when bloud is the meane , and holinesse the end , god uses to be more jealous , and expects more exactnesse then ordina●ily : oh let not any occasion be given by a parliament of scotland to lay stumbling blocks before others ; let not the world say we wrest the covenant to what sence we please , and use it as the papist do the word of god : the case is of grand consequence , it may concerne us and our posterity for ever , i pray let it be throughly scand and sifted . hereunto a gentleman of hamiltons party may be supposed to answer : my lords and gentlemen , you have heard it granted , that religion in england wants reformation , and that the king ought to be set free from his forced durance under the souldier : you have heard likewise granted , that our solemn league and covenant requires these things to be done : but divers scruples have been cast in withall , about the manner of doing these things , in regard that a juste is required , as well as a justum . the main thing is , that we are not qualified by the covenant to do these honorable things in england : alas , if the covenant does not add any new qualification to us to serve religion , and our king : i hope no man will suspect that it takes away any such qualification from us as we had before : and i hope ther 's no man here but thinks before any covenant taken he had a warrant and capacity good enough to do honorable service to his religion , and his native prince : let me speak plainly , and bluntly , i doubt these scruples do not arise against us , as we are scotch men , and so have no power of judging in england , but rather as we are of such a party in scotland , that the kirk dares not confide in us : & this is lamentable halting before god . let us not therfore be driven into any unmanly irresolution by logicall niciti●s , and school-puntilioes : let us beleeve that such just ends as we aime at inservingour god and prince have just avenues belonging to them , and that god ha's not hedgd in , or inscons'd goodnesse from the approaches of men , as he did once the tree of life . my lord , and gentlemen : shall pure reformed religion want an advocate in this presence ? no : it were labour lost here to recommend the excellencies of her ; you all are confident you cannot , but be certaine that god hath rather sent a cherubim to invite and wast you to her assistance in england , then to affright you and drive you from her embraces with a flaming sword . then , as for the king , you have a greater interest in him then the english have , and he ought to have a greater interest in you , then he has in the english : let me tell you if you should prove oblivious of his favours , he might upraid divers of you with your fields and vineyards , as saul did once his benjamites . do we not all know , that his graces towards us ha's made him the lesse acceptable to the english ? and does not the whole world taxe us of our ill requitall at newcastle ? i speake of that in your ears : what can be said then , either we must requite him better , and acquit our selves better now , or all generations to come will call us ungratefull and unjust ; and for my part i cannot ever construe the covenant as that it intends to render us ungratefull or unjust . t is true the enterprise we goe upon must cost blood , and fall heavie upon some of our fellow covenanters in england : it were else impossible almost , it should be great and honorable : let this be our comfort : the work is great , and honorable , and being so it must be acceptable to god : and that which god accepts cannot but be fea●able : for qui dat finem , dat media ▪ let the justice of this war fix our resolutions upon the pursuance of it , and when we are upon its pursuance , let us pursue it wisely , and strenuously as becomes souldiers : let no scruples defraud us of the opportunities and advantages that attendit , for such in war are irrecoverable & pretious : to be brief , let us not be held up with treaties by the english commissioners , let us not wave langdale , nor leave berwick and carlisle to the enemy : when we are in peace let the laws of peace order us when we are in war , let the maxims of war sway &c. the rather for that advantage lost in peace may be regained , but an error committed in war can never be redeemed . the next gentleman was of a different opinion from either of these , and you may suppose his oratory was as followeth . my lords and gentlemen . you have heard how much may be said for a present war with england , and how much may be said against it : you have heard in what extreams the arguments both of a meer souldier , and a meer scholler run , and now having heard both , and compar'd both , you may the better extract out of both that which is truly counsellable at this present , and that doubtlesse , teaches warily to decline both extreams : the gentleman that spake last maintained well the justice and necessity of the worke that is to be done : such a service to god and the king cannot but be just and necessary ; and our covenant cannot obstruct any thing that is of it self just and necessary ; therefore to oppose our covenant against this war , is to undervalue our covenant , and to entangle our selves in such nicities as are more fit for the schools , then this senate . on the other side the gentleman that spoke first interposed some necessary advertisements about the manner of our prosecuting this high undertaking , not fit to be neglected , for doubtlesse it concerns gods honor , the safety of the king , and the perpetuall peace and safety of these nations , that this affair be wisely managed , as well as it is religiously intended . we all know that the taking of some advantages in war , if they be at too far a distance with religion , may prove our disadvantages : and so the parting with some opportunities in some cases , may be a gayn of better to us ; hast ha's overthrowne some undertakings , as well as delay others . wherefore i desire leave to counterpoise with a little moderation , that which hath been pressed by both the gentlemen that spoke before me . and first t is my humble motion , that the kirk here may have all possible satisfaction given them in the forming , and heading of this army , and in the conduct , and steering of the great designe ; forasmuch as without this condiscention we cannot expect their concurrence , and without their concurrence , we cannot expect that readinesse , or confidence in our friends at home , nor that stupidity & consternation in our enemies abroad , as is to be desired . secondly , that if wee admit not the english commissioners to treate , and then allow three moneths warning after the end of that treaty : yet we may instantly dispatch away an expresse to the parliament of england with particular demands , and a cleere denunciation of warre within a moneth , if those particulars be not instantly agreed to . thirdly , that some reasonable space before wee march a declaration may be emitted to satisfie our friends in england with our sincere intentions towards them : and that the buisines of the kirke being setled , and the king reinthroned , wee have no intention to intrench upon the priviledges of the parliament there , or to breake that bond of confederation and union that was intended to be confirmed by the covenant . fourthly , that langdale may be countenanced at a distance , and with much reservation , and that no other use may be openly made of him , then of a forlorne hope to seize the english frontire garrisons for our use , and to ingage upon other the like hazardous services . how well these things are calculated for the meridian of edenburgh , i leave every man to guesse freely : but this is certain , there were few in the scotch parliament , who gave their judgements the first way : many went the second way : and all went the third way , except onely in complying with the kirke : and if there be any credit to be given to hamilton , who affirm'd it religiously at the time of his arraignment in england , the kirkes party refused to comply with him , and his party , more out of emulations , and particular state-animosities , then out of any dislike of the cause , or condemnation of the undertaking . and time ha's since made this more manifest , for even the commissioners of the kirke in their declarations since , and by their ingaging against us with their yong declared king , have even by the covenant , and the same constructions of it , owned every part of the quarrell against us , which they condemned in hamilton , setting only aside his entring upon us without three moneths previous warning , well : the scotch parliament having sufficiently commission'd hamilton for his march into england , rose without any audience , or intercourse granted to our commissioners . hamilton being so commission'd , makes present use of langdale , and his train , speeds away with . men for england , seizes barwick and carlile , commits infinite barbarous cruelties , and destructions in the foure northerne counties , before previous warning given according to our treaties , but within some few weeks fights with the lievtenant-generall cromwell in lancashire , is taken prisoner , se●s his army defeated , and the remainders of it chased back into scotland . out of this matter of fact so stated , a dispute now arises , whether this hostile action of hamilton , that was then chargeable upon the parliament of scotland , be still justly to be answerd and accounted for to the state of england , by the present state of scotland . the scots deny it upon these grounds . for their first evasion , they say , the good party that now governs is not the same , as the party was , that then governed . whereby they would have us understand , that the state of scotland is changed since , . and does not remaine the same as it was at that time , and therefore ought not to be responsal for what was then done . after the committee of estates , and the kirk-commissioners have condemned hamiltons invasion without antecedent warning , and his other miscarriages in taking barwick and carlile , &c. and confest that nothing can be offerd in excuse thereof : they yet adde , that never any people in the world in a time of defection did more evidence their freedome from guilt ; then they ( they meane the party now governing ) did . here is a defection confest in a parliament lawfully chosen , and in the major part of the people adhaering to that parliament : but there was a remnant of good people which at that time evidenced their freedome from that guilt , and that remnant since by force , and assistance of the english army , ha's gotten power into their hands , and therefore the magistrate that is now , is not guilty of that defection , nor consequently the state of scotland liable to make any reparation . this evasion must be thus stopt up . . in all states where there is a representative , the publick act of that representative , or of its major part , bindes all , and every person . and though the next representative may repeale laws formerly made , and recede at pleasure from what its predecess●rs acted erroneously , or temporarily : and these new repeals , and recessions shall be binding to all persons therein represented : yet even these alterations also must be without fraud , salv● semper jure tertij : they must be without any prejudice to ●orrein states , and persons there not represented . nay , if the state of england passe an interest in land to a subject of england upon a good consideration and contract , that act shal be binding perpetually , and may not under favour be avoyded by a new representative , because that avoydance will appeare fraudulent in the state : and because such avoydance is to the damage of one that is as it were a third person , and contracts with the state upon equall terms ; and it seemes , that a speciall consent is necessary in such a case of his disinherison , and that his generall consent given by his representatiues ought not to divest him . and if it be here objected , that the constitution of the state of scotland is different from other states , inasmuch , as it consists of two representatives , one civil and the other ecclesiasticall ; and in this ingagement of hamilton the ecclesiasticall representative did not act , nor concurre , but dissent , and protest against it , and so made the civil act the lesse authoritative . we answer ; first , the ecclesiasticall representative of scotland ha's no power but in cases meerly ecclesiasticall , such as this was in . was not . secondly , if the scots will tell us , that hamiltons action , and case was in ordine ad spiritualia : wee must not suffer such collusion to be turnd to our prejudice . the state of scotland must not thinke it sufficient to stroke us in their spirituall capacity , whilst they strike us in their temporal capacity : the duplicity of their powers must not justifie , or excuse duplicity in their dealings : when wee sustaine publick injuries , whether it be from a jurisdiction parliamentary , or synodical , the whole state of scotland must be answerable for satisfaction . thirdly , if the ingagement of hamilton was the lesse valid in law ( if we did grant this , as we doe not ) because all that feared the lord in the land did petition , and pray against it , and expose themselves to some persecution for not complying with it , yet this does not render the same ingagement the lesse mischievous to us . there was not one drop of english bloud the lesse shed then , nor is there one drop the lesse to be accounted for now . fourthly , wee are not without some strong presumptions , that the small number of the religious party in scotland , which were enemies to the ingagement then , were not so much enemies to it as it was mischievous to us , or unjust in it selfe , as because it promoted hamiltons●action too high , and had an ill aspect upon their owne particular interest in scotland . else , what makes them so zealous against our receiving of right now , which pretend they were so zealous against our receiving of wrong then ? it seemes strange to us , that the english which had never a friend in scotland two yeares since to warde one blow from their throats , or to do any real act of resistance to hamilton , should now finde never an enemy in scotland , obnoxious to their challenge of satisfaction : and that the same men should be the most forward to debarre us of reparation now , which were then most forward to protest against our suffrings . secondly , where two representatives have been legally chosen , if it be not honorable for the later to anull the formers act in prejudice of a third person that ha's right : much lesse honorable is it for a representative brought in by the sword to derogate from the acts of a former representative , that had a faire , and free election from the people . wherefore , let the present power in scotland apply this to themselves : and the rather for that they complain of forcible alterations amongst us , onely upon pretended discommodities to our selves , whilst they themselves make use of forcible alterations amongst themselves , to the defrauding of their neighbours . thirdly , admit the parliament , by which hamilton was commission'd , was an unjust parliament ; admit it was no parliament at all ; and admit that hamilton with a lesse party , and without any commission at all had broke in upon us in a hostile manner : yet even this would not leave the english altogether remediles ; for in this case upon a just demand of satisfaction made by the english , the scots must disowne the act , and see the outrage legally expiated upon the actors ; or else they owne it themselves , and so become as obnoxious as the actors . that which was the sin of one towne in benjamin at first , became the sin of the whole tribe of benjamin afterwards ; and doubtlesse , that which was the sin of one tribe in israel at first , had become the sin of all israel at last , if justice had not been lawfully executed ; let the scots look upon this with sad eyes , for that blood of the english shed by hamilton , which is now the guilt of a party only in scotland , upon the deniall of just ice , may be made the guilt of all scotland . the second evasion of the scots is this ; they say , if they were persons challengeable of satisfaction , yet they that sit now in the parliament of england , are not persons , that can duly challenge , or require satisfaction : it should seeme as scotland before was not to be found in scotland ; so england is now not to be found in england : so hard a matter it is to get right from them that can thus easily transforme , and deforme whole nationall bodies . the meaning is , government in england has been of late changed ; two of the estates in parliament are removed by force , and the third estate usurpes , what was due to all : wherefore as they cannot treate with us about satisfaction , but they must acknowledge us a lawfull authority ; so conscience forbids them to acknowledge our authority lawfull . to this wee answer . . the change of rule in a nation , does not change the nation ; forasmuch as the manner of rule is changeable , and accidentall , and so does not give beeing , or support the essence of a state . if wee in england beeing a monarchy owe three millions to the hollander , the change of monarchy in england will not exempt us from , our obligation : and if we in england , beeing a democracy , have three millions due from the hollander , our returne to monarchy will not denude us of our remedie . the devastations and hostilities of hamilton were suffred by the english nation , and the parliament of england demands justice , and restitution for the same in behalfe of the english nation : now 't is not agreeable to justice , or reason , that a slight exception taken against the substitute , should disable the principal , or any incapacity of the demandant redound to the prejudice of him which is the true interessent . secondly , if the usurpation of the parliament of england shall bar the state of england from its due course of justice , yet how does it appeare to the scots , that the power of our parliament is an usurp't power ? if god or man ha's given them any warrant to judge of our actions , and affaires in england , let them shew it : for without some such warrant they are but our equalls : and one equall ha's no power of judging another . if they plead any undeniable principle in nature which condemnes all alteration of government as unlawfull : and all extrusion of governours as usurpation , and of this maxime , they say , all men are equally judges ; then how will they justifie their extrusion of lannerick , and their new moulding of their committee of estates after the defeature of hamilton , which without armes , and our assistance they could not have compast ? is that a naturall , indispensible principle in england , which is not so in scotland ? away with such partiall shifts ; let the scots shew us that nation under heaven that ha's not severall times been driven to mutations of governments , and governours , and been at last justified therein by the plea of necessity , and common safety : and wee shall confesse their lordly power over us . thirdly , if the scots be our lords , and will give judgement against us in this case , yet they must know , that wee are now upon our appeal before almighty god , and have accordingly taken armes into our hands for the prosecution of that appeal . and does not one of the primary lawes of warre teach them what a hazard it is to deny right to him that beares his ●aked sword in his hand ? arma tenenti — omnia dat qui justa negat . will the scots lay an incapacity of treating upon us first , and then of fighting afterwards . the difference now betwixt us is , whether wee have justly enterd scotland , or no , to seeke redresse of many injuries , and depredations by tryall of battaile , which was denide us by debate in a friendly intercourse : and doe the scots thinke now to argue us out of our armes ? doe they think , that the same condemnations of our usurp't power , by which they insulted over us , when wee sought a treaty , will be seasonable now , when the cause is preferd to a higher court ? this were to cut us off from all remedie whatsoever ; this were to detrude us below the miserablest of men ; this is beyond all ordinary strains of tyranny : there is no client , nor subject , nor slave whatsoever , but by way of his last appeale , may repell force with force , when his case is beyond all other decision : and this is held no more then a making an humble addresse to heaven , or laying the cause before the lord of hosts his footstoole : will the scots then which have droven us their equalls to this , last resort , prejudge and foreclude us in this also , and so make us worse them the worst of inferiors ? certainly , if we may not treate before wee confesse our selves usurpers , wee may fight till god declares us to bee so ; or that our enemies have usup't over us . the third advantage or exception of the scots against our demands of satisfaction ▪ is taken from the space of time that interlapsed betwixt the overthrow of hamilton , and our solemne denouncing against them for that hostilitie : as also from some reciprocall kindnesses , and testimonies of accord and pacification , which past betwixt the nations in the mean while . of both these i shall now give this faithfull account . the victory of of l : g : cromwell against the scots was about the latter end of summer , : and our forces following that chase stayed in scotland till about mid-winter following . during the stay of our army in scotland a good understanding was betwixt us , and the kirk party there , for we had both the same ends against the hamiltonians , and so whilest we extorted the sword out of lannericks hands , and put it into arguiles , we did our own businesse and the kirks too , and the kirks more immediately then our own . howbeit a treaty was now begun in the isle of wight with the king , where the scoch commissioners appeared great sticklers for the king to our nations great dis-service , and this gave us some glimpse , that even in the kirk party , restored so lately to power by our means , all was not so sound , and sincere , as it ought to be . the treaty not succeeding about the last of januar : the king was brought to the block : and then the insolencies of the scoch commissioners , and their haughty intrusions into the managery of our english state affairs , and their despicable subjecting of our parliament to their over-ruling wils , grew so intolerable , that upon the . of febr : the parliament declared publickly against them . this begat another paper from the commissioners dated the . following more imperious , and controuling then formerly , and this was presently after voted a designe in the contrivers of it to raise sedition , that so under specious pretences they might gain advantage to second their late perfidious invasion . the . of march following , the state of scotland wrote a letter to us ( as they now inform us ) to avow their commissioners last paper , and withall disallowing our construction of it , for that they judged it no incroachment upon our government , nor any indeavour to raise sedition . they likewise signified in the same , that if any prevalent party in either kingdom had , or might break the bonds of union , yet those sacred tyes ought not to be layed aside or cancell'd , but preserved for the benefit of such as were innocent in both nations . the scoch commissioners to whom this letter was sent for delivery of it were now upon their return for scotland , and so the same never came to our hands , though the scots untruly tax us of suppressing it . but why should they suspect any designe in us of suppressing this letter ? the letter , if we had received it , would not have healed our grievances , it would rather have made the wounds wider : for the scots commissioners had charged us of treason , perjury , usurpation , &c. for doing those things within our own government , which were required at our hands by justice , and reason of state : now their principals in scotland tell us that this charge is true : but being true : it molests not , it shakes not , it justles not us out of any part of our power , nor stirs the people at all against us . what is this but to tell us ; that they are more truly judges in england of treason , perjurie , usurpation , &c. then we ? that 't was not injurious in them to condemne us , nor seditious in the people to rise up against us in observance of their commands ? sometimes they pretend they aime at nothing beyond a simple protesting against us , and that a freedome of protesting is due to all men : but this is meerly to delude , and infect the people the more : for t is evident to all men , that such protestations as their papers have exhibited , have ever been fraighted with the worst of calumnies , the severest of sentences , and have been received by the people , as warlike defiances . in this case therefore when so many insurrections , and broils have been actually bred against us in our own bowels , and so dangerously seconded by forrein forces , we call in all men to be judges betwixt us , whether we may not more justly cast out protestations when they do but palliate seditious conspiracies , then to submit to seditious conspiracies , because they cover themselves with the names of protestations . this letter miscarrying , and our parliament having waited awhile for some other return by some expresse , or other , in may following , about nine months after the scoch rout , a complanatory letter was sent from hence about divers grievances in generall , and satisfaction was therein desired by treaty in a peaceable way . an answer hereunto came in june following , recomplaining that the scots justly found themselves aggrieved at the late proceedings in england , in reference to religion , taking away the kings life , and change of fundamentall government , which they had protested against . that in case the english would disclaim their late proceedings against covenant and treaties , they were contented to authorise commissioners for a treaty . otherwise they were resolved to keep themselves free from all complyance with malignants on the one hand , and the enemies of kingly government , on the other . that in regard of the covenant , the treaties , and many declarations of both kingdoms , they could not acknowledge that to be a parliament , from whom the last proposition came to them about a treatie to be appointed . here was a flat deniall of any satisfaction , by declining all means of treating about the same : here was a reason given of that deniall , as full of enmity and hostility as could be : instead of making any compensation due to the state of england for the bloodshed , and rapine of hamilton , here was a strange coacervation and accumulation of new ●landers , and defamations upon the parliament of england . letters from the parliament are now as it were interdicted , no such subscription is to be admitted , hereupon in july following , our parliament issued forth a declaration for the better stating of these matters ▪ the endeavour of that declaration was to remove yet all nationall misunderstanding i● possible : and to demonstrate that the english yet had not laid aside all thoughts of peace : but concluding that if still they were diverted out of the wayes of peace unwillingly , the fault was not theirs . this declaration was made as publick , as ever any was in england , and we have thousands here of the scotch nation disaffected enough to us ▪ and ten thousands of english presbyterians besides more imbittered then the scoch , and all these can attestate the evulgation of this declaration , yet the scots call it a dormant declaration , and most dis-ingenuously would infuse it into the people that they had never , nor could have any notice of it . a letter of theirs to us in the hands of a single messenger could not be intercepted : but a manifest of ours printed , and intitled to the whole world must needs miscarry , and that by our collusion . some reply was expected by us to the matter of this declaration , and some months past away hanging our expectation : but none came : the first news we heard was that about the middle of march following there was a treaty agreed on to be at bredah betwixt the scots , and their yong declared king : and that the principall subject of that treaty , was about the pretensions of the yong king to england , and the quarrels of the scots against england . this to us , that had so little hopes of reconcilement before , was a sufficient alarme , and upon this our l : generall cromwell was sent for out of ireland , all warlick preparations were made ready , and our army this last summer , ( as soon as we got notice of the agreement made at bredah , and how far it concerned the life of this common-wealth ) made its entrance into scotland . this relation gives the true procedure of all memorable matters betwixt summer . and summer . with the reasons of the slow motions of the english : and amongst them all whether there was any composure made betwixt the nations for hamiltons●aedifradous irruption , either by satisfaction given , on the one side , and taken , or confest by the other , t is left to judgement . but the scots alledge still , that immediately after the breaking of hamilton in england , and the dis-arming of his brother in scotland , there were given divers clear demonstrations of amity , and good accord betwixt the nations : letters will yet testifie , that the godly party in scotland satisfied the english in their innocency , and that the english did accept of the same , as good satisfaction . for example : in septemb : and octob : the l : generall cromwell wrote in behalf of the kirk patty , by him then seated at the stern , and his letters did recommend them to the parliament as men carefull of the unity of the nations , and the interest of england . on the other side the scots remitted hither an honourable testimony of the fair comportment of our souldiery there , together with a thankfull acknowledgment of the benefit , and advantage which our seasonable assistance had afforded them . likewise from the parliament here it was written back , that the religious , and well affected people in scotland were excused from those impious , and unwarrantable actions , and that there was no willingnes in the english to impute those evils to the nation in generall . as for the l : generals letters , questionlesse they contained his true , plain , meaning : he did believe at that time , that the interest of england , and the unity of the nations was valued by the kirk , and the arguilians in scotland : but what discharge was this to the rest of the nation ? nay what discharge is this to any of that nation ? his commission extended not to compound for the dammages sustained by us : nor did he ever treat about the same : nor did he at last finde his loving recommendations justly answered by that godly parties actions . out of this therefore there follows nothing but that our l : generall was more charitable , then the scots were gratefull . as for the scotch letters , they serve well to shew the single dealing of our l : generall towards them , and their double dealing towards him : but they serve not at all to shew any act of oblivion , or any other pacificatory conclusion that was consented to by both nations . therefore the good that they then bore witnesse to in our souldiery , we hold it to be just , and according to merit : but when they publish retracting contradicting papers after the intermission of two years , and therein complain ( as they did this last summer ) tha● the l : generall came in un-invited , that the manner of his entrance was not guided by their instructions , and that the proceedings of his army were very unsatisfying in many other things : this is an argument of their profound dissimulation . as for the parliaments letters : although the parliament at that time was too full of kirkmen , yet if they had any full words of release in them , we should no● prolong our contestation hereupon : but the utmost that can be extracted out of them , is a charitable exemption of some that had the testimony of wishing well to the unity of the nations , and interest of england from the pen of the l : generall . the parliament was unwilling , that the scotch nation in generall should be charged with the guilt , and blood of the hamiltonians , and therefore it did acquit , and hold exonerated thereof all the religious , and well-affected people of scotland . without question the religious , and well-affected people here excused , are understood to be no other then such as had been adverse to hamiltons exposition of the covenant upon sincere grounds , and not for any factious , or particular respects . but how few such there were in scotland at that time is now manifest , by the general adhering of that nation to their new king against us . for there is not one man in scotland that assists this young king against us now , but he expounds the covenant in the same manner as hamilton did then : and he might have as safely complyed with hamilton in that ingagement , as he may with the yong king in this : as will be further demonstrated in due place . these are the main subterfuges which the scots flie unto , when we tax them of that cruell , barbarous ingagement against us in . the rest of their pleas whereby they seek not to shelter themselves from the whole guilt , but onely to extenuate it , or rather to qualifie our demanded satisfaction are scarce worth the mention . they say , they have received some dammage in scotland by the ●●ish , and have demanded satisfaction of us , but as yet received none . a strange objection , have not the irish been prosecuted by us these nine yeers as enemies ? and though they owe allegiance de jure to england : yet are they not as mortall enemies de facto to us , as to the scots ? do we any way abet , justifie , or spare them ? to vouchsafe more to this , were to disparage right . they say moreover , that some satisfaction has been made us by the booty , and pillage which hamiltons army lost in england . some few scoch arms , and horses , which falling amongst the souldiers as due prize were like water spilt upon the ground , neither received in satisfaction by the state of england , nor so given by the state of scotland , must come in upon the account of the english to satisfie them for all the plunders , murders , and wasts which a scoch army perpetrated contrary to treaties , and sworn covenants . no more of this , here ends the first part of the scoch warre , whose scene was layed in england : we come now to its second part ▪ where our scene by gods abundant grace , and goodnesse is removed into scotland . and in this transition from past , to present , imminent hostilities we doubt not but to evidence the necessity of our war in scotland , à parte post , as well as we have done the justice of it a parte ante . the treaty at bredah in march last , betwixt the scots and their declared king : both being upon termes of hostility with us : had little busines to be debated , that was peculiar to scotland : the main thing to be proposed by both parties , was the removing some mis-understandings amongst themselves , that they might thereupon the better double their powers , and twist their pretensions against england . the kings interest was monarchy , the scots was monarchy and presbytery : the english were held to be advers to both these interests : and the covenant therfore to favour both the treators , against the english : so mis-understandings amongst the treators could no● be hard to be removed , or at least their slight jars could not be hard to be laid asleep for a while , when they had so little to loose to each other , and yet so much to gain from a third party . all that the scots desired of the king as humble suitors was but this , that he would take the covenant ( if that were but swallowed down in its literall sence , they thought all their further aims sufficiently provided for ) and this could not be much more bitter to him , then the masse was formerly to his french grand-father in the like case : and if it were , yet divers dulcifications might be added , and accordingly divers mixtures were used , to qualifie , and make more potable that draught . advertisements had been sent from the yong kings devout mother in france , and from her most holy father at rome , that in such an extremity the oath was compulsory , that the matter of the oath was subject to many severall , yea contrary interpretations : that he should therefore be either left to be his own interpreter at last in case he prevailed , or if not ▪ yet he should be discharged of any contrary strained interpretation . the truth was , the present power in scotland had condemned hamilton for invading england in behalf of an anti-covenanting king , and so it would be now too grosse for them to do the same thing till they had a covenanting king : whereupon it became impossible to them to relax the king of this condition . the young king , it may be , might demand why they should more scruple fighting for an anti-covenanting king , then to fight against a covenanting brother , since the covenant lost no more credit by the one , then by the other : and perhaps he might further demand ▪ why their conditions to him were so rigorous ; since his to them pressed nothing but what was pleasing , viz : a joint concurrence against a common enemy . but his mothers councellors thought not fit to clog the debate with such intricacies . all scoch punctilioes being at last waved ( for the young king was so far from capitulating about his reception in scotland , that he was more forward to capitulate against his trusting himself there ) it came to the question , what he should obtain at their hands in relation to england . for satisfaction herein , it was assured , that the scots had already proclaimed him king of great brittain , that they had alreadie protested against the governing party in england , as guilty of usurpation : that they did now ingage to contribute their utmost endeavours , by all necessarie , and lawfull means , according to the covenant , and duties of loyall subjects , to restore him to the peaceable possession of his other dominions , according to his undoubled right of succession . this was the tenor in briefe of that parlee : here is an inthroning promist to the yong king by all necessary and lawfull meanes according to the covenant : and here force of armes is not openly profest , as a necessary , and lawfull meanes according to the covenant , that the english might be ●u●d in the more security : but ●is ambiguously implyed , and secretly so explained to the young king and his counsell , that he might proceed with the more vigor and confidence . hereupon now rises the contest , whether this ambiguity of expression , and mentall , equivocall reservation in the agreement be such as ought to delude the english , or not . the scots still say , no force of arms is threatned against us , and that if we flie unto force of arms against them either upon this , or former hostilities , we do cau●l●sly invade them . they solemnly invoke god as a witnesse , and judge , that they have denyed us no right , that they have done us no wrong : that in this preventing warre , we are meer invaders and returners of evill for good . yet we must understand to make this good before the bar of almighty god himself , they waver , and d●llie , and double , and seek to collude in their own plea : for they do not simply deny their ingaging to use force against us , but unlawfull force , nor yet are they willing to confesse their force intended , and justifie it openly as lawfull by the covenant . surely in an appeal to almighty god , the case need not be presented with so much art , and under the cover of such dubious reservations . let us take a little notice ; first , how far they deny ; secondly , how far they justifie their forcible assisting the yong king against us . after the king was well satisfied with their meaning by private insinuations , and had adventur'd his person into scotland ; then further craft was thought fit to be used to blinde the english , and retard their preparations : and therefore the committee of estates in scotland publisht , that the article in the treaty of bredah concerning restoring the yong king to his crowne of england was not to binde , till the parliament and kirke of scotland had taken a previous consideration , and given their determination concerning the lawfullnesse , and necessitie thereof . behold the ingenuity of the scots , they conclude a warre , and no warre ; to all the enemies of england 't is a declared warre against england : to the english themselves 't is no warre till the scotch parliament and kirke have further declared in it . the enemies of england have hereupon just warning and timely summons to arme , and colleague for englands offence : but in the presence of god they speake it , the english themselves have no just ●a●●● ▪ no● provocation to provide for any defence at all ▪ though this agreement was made by the enemies of england , with the enemies of england , and ref●rres to the covenant which ha's alwayes been expounded to the justifying of a warre with england upon this quarrell : and though this agreement must signifie a full defiance against england to all others , yet to the english it must signifie nothing , god himselfe being admitted judge . the english had been once before invaded by the parliament of scotland upon the same pretex●s of the covenant without any warning given , when both the nations were not onely in profest amity ▪ but also under the religious ties of a solemne league : and yet now when the parliament of scotland ha's per●idiously violated that amity , and those ties , and i● moreover f●stned in a new agreement and covenant with the most active foe , that england ha's , in the world by sea , and land , and by the words of that agreement and covenant , ha's obliged it selfe to recover the throne of england to him : yet now , 't is expected that the english should sit still , and attend till the parliament and ki●ke of scotland had further deside them . alas , the prevention of a wound that is likely to be mortall , is as necessary , when it is possible , as the warding of it : and some stroakes are of that nature that they cannot be repelled by the buckler , if they be not anteverted by the sword . therefore the fictions of the cockatrices eyes want no ground in policy , whatsoever they doe in nature : and 't is often seene in warres ▪ and seditions , that the party which surprizes not is sure to be surpriz'd . this caused the parliament of england this last summer to send a preventing army into scotland , yet with an intension of defence , not offence , for it was manifest to us , if wee did not pitch the warre there , and there draw the first bloud , wee did necessarily expose our selves to the first charge , and impression of our enemies here , and choose to erect the theater of warre within our own dominions . moreover , had wee been meere assaylants , or had wee been defend●nts in an equall cause , against enemies that had observed feciall rites with us by giving us antecedent warning , wee would not have been wanting in the due formalities of defiance towards them . nay , had there been any reall doubt how the parliament and kirke of scotland would have determin'd of the justice , and necessity of a warre with england , or had there been any certain time prefixt when that determination should have been given : or had wee been assured of any just time to prepare our selves afterwards for a compleat defence , wee had not been so forward in seeking out the hardships of that cold , and sterill soyle , but as our case was , wee were great sufferers , wee were sufferers by perfidious enemies , wee were delusorily referd fine die , to judges that were bound to no meetings , for the resolution of a case that was before resolved against us : and in the meane time whilst wee were brutishly thus to waite upon such judges , all our conjured foes were contriving our ruine , and were certain to prepossesse irrecoverable advantages against us . but now wee shall see in the next place , the same scots that before the judgement-seat of god charged us hitherto for entring upon them when wee were in no danger , nor under any provocation , seeing all their transactions at bredah more fully come to light , betake themselves from denying to confessing and avoyding . such is their faultring , such is their doubling : if their deniall could be maintained , they needed not descend to any confession : and if their confession were avowable , they needed not to fly to denyalls : but the truth is , they can neither absolutely deny , nor absolutely justifie their hostile machinations , and combinations against us , and therefore they shufle , and trifle , and play fast , and lose betwixt both . in august last , when the scots saw the english would not yeeld themselves to be deluded , or disappointed , or forecluded of any advantages in war by the false pretexts of peace , they stated the case of their war in a declaration , which they forced the young king to publish in his name at dunferlin , and according to the case there stated , they resolved to joyn upon the issue of a battail , and in the field to expect gods own decision from heaven . the battail was fought , and the decision of heaven dissavoured the scots : but the successe of a pitcht feild is not now held an argument weighty enough to sink a cause so stated . let us therefore more narrowly look into the particulars of that declaration , and examine upon what sure rules of equity and piety the cause of the scots , as it is there drawn up , stands founded . at first the march of our army was held meerly invasive , & causlesly ▪ offensive : the scots denyed any hostile intentions against us at all : now t is granted there was an intention of force , but it was no other then what was justifiable by the covenant , inasmuch as it threatned none but such as were enemies to the covenant . this seems to mean , that the parliament of england with all their armies and adherents , had had just cause to prevent an invasion from the scots , if they had been true to the covenant , that is , if they had interpreted the covenant in the scotch sense : but since they are judged to have dealt treacherously with the covenant , they are not worthy of any defence , they ought not to claim so much priviledg , as to prevent any danger , or enmity ; for if the scotch design had been meerly to plunder and inslave us , then we might have stood upon our guards , or used means of prevention lawfully : but since the designe was meerly to reforme us , and reclaime us to our loyalty , and to reconcile us to our covenant : 't was arrogance in us to thinke any resistance at all reasonable : is not this a candid honest meaning ? does not this high pitch of prejudice become a faire noble enemy ? but to the effect , and purport of our scotch declaration : by that declaration we are satisfied in two things . first , what conditions were proposed by the scots to the king both in behalfe of scotland and england , and secondly , what laws were agreed upon by them both to be imposed upon the english . of the kings conditions little need be said : by taking the covenant explicitly , he did implicitly bind himselfe to admit the scots to be his interpreters of it , and by admitting them to be his interpreters , he did ingage to follow the advice of a parliament in all civill cases , and of an assembly in all businesses of the church : and t is to be understood that the same advice was to sway him as well when he was to consult about his affaires in england , as about his scotch affaires . for a proof hereof , we see when this very declaration , so neerly concerning the government of england , was to be issued in the young kings ●ame , and he to avoid the same was withdrawne to dunferlin : commissioners were sent after him from the kirk and states , to let him know , that by the covenant he was bound to signe , and own this their act , and that by his refusall if he separated his interest from gods , and the churches , they would endeavour the preservation of both without his . but let us passe to the ●aws imposed upon us by the accord ●t bredah , and let us view sadly those heavy iron yoak● that are there ●●eathed for the neck of england . after that the young king ●● obliged to stand to the advice of the scots in the supream counsels and concernments of england . let us consider ●ow ●ar that advice is converted to our confusion . the first thing that we are to submit to is , we are here to yeeld up the crown of england to be disposed of by the scots ▪ we must suppose there lies a duty , and is conferd a power by the covenant upon them to see to our line of succession , and to take order that in all questions betwixt the people , and any pretendor , the throne may be duly filled , and possessed . if a traytor ( that ha's been ) an enemy in arms ( that is ) claime by inheritance the soveraignty of england , the scots may justifie force to invest him here , & 't is breach of coven : in us to oppose ▪ . though the same k. may ●e under ▪ sequestration in sco●● : til he has given publick satisfaction there ; yet there is no satisfaction due in engl ▪ of which the english are to be judges , for the english are to rest satisfied in this , that the scots rest satisfied : & if the scots rest satisfied ▪ the english sequestration becomes vac●ted : nay , though that which the scots●all satisfaction , be apparently extorted by force , and almost confessed to be mee●●imulation ; yet the english in spight of their understandings and senses must accept of it . the scots say , their young king is truly humbled for his fathers tyranny , and his mothers idolatry , the young king abhors ther hypocrisie therein ▪ and for divers days together puts all his hopes in this world upon eminent hazard , rather then he will subscribe their dictates , yet the english must neither question his , nor their sincerity . thirdly ▪ all these rigo●s , and impositions of the scots our backs must bow● , and crouch under for the covenants sake , and that we may prove true to the most high god , to whom we have lifted up our trembling hands . though we have discovered the covenant to be a f●la●●ous , lubricous , ambiguous contract ( as others besides the contractors themselves now wrack it ) so that in the scotch sense it makes us enemies to them , in our sense it makes the scots enemies to us , in a third sense it serves the papists against us both : and though we are throughly informed , that the young king is not onely licensed but enjoyned to take it by all his popish patrons and allies , and to make use of it as a s●are to both nations : yet we must take no exception against it . hamilton , in . expounded the covenant in behalfe of the king , and kirk to the raising of a war against us ; yet the same powers in scotland that condemned that war in him , raise the same against us now upon the same exposition . all the difference is this ; hamilton fought for a king that had not taken the covenant , because he was never so far necessitated , whereas the present powers in scotl : ●ight for a king t●at has covenanted against his will , choosing rather to perjure then ●o perish : but let us aske the scots seriously , whether is the greater enemy of the covenant before god , he that refuses to take it because it is against his conscience , or he that takes it against his conscience , because he dares not refuse it ? well , gods judgements herein is by us both implord , & we cannot doubt but god in his due time will judge , & make his judgement undeniable . fourthly ▪ though we indeed are not enemies to the covenant , but can justly plead for our selves , that we are zealous for a true reformation , even whilst we dislike the scotch patterne , and that we are well-wishers to monarchy elsewhere , even whilst we make choise of democracy in england upon diverse urgent emergent considerations : yet all our pleas are rejected ▪ the very last plea of armes , from which no necessitated men besides are barred , is in us most imperiously condemned as well after open tryall , as before . nay when wee know our selves condemned by the scots as enemies to the covenant , and that the yong king ( to be brought in by force over us ) is particularly sworne against us , in that he is generally sworne against all enemies of the covenant , we must take it as a sufficient answer to all our complaints ▪ that the king has no power to annoy any , but enemies to the covenant . this is to heape scornes upon the rest of our endurances ; for this all one , as if they should insolently tell us , that no man can hold any thing but by the covenant , and the covenant can have neither enemies nor friends , but such only as they declare to be such . to pursue these scornes also and improve them the higher against us , they make their young king in his declaration at dunferlin , revoke all his commissions granted against us by sea , and land , to any of his instruments that adhere not to the covenant . do not we know , that such a revocation is meerly ●udic●ous , and jocular ? could the scots imagine that either rupert at sea , or the irish papists by land would obey such a revocation so signed at dunferlin ? and if ante-covenanters should lay down their commissions , would it be more ease for us to be spoiled and destroyed by the hands of false covenanters , then by the hands of ante-covenanters ? may not this king do what hamilton did ? may he not prevaile over a faction of covenanters , and by them assaile us , as hamilton did ? and if not so ▪ may he not be impowred ; nay is he not already bound by all the covenanters in scotland , nemine con●radicente , to treat us as enemies ? will not god in earnest look down upon the makers of such jests ? fifthly . as we must prostrate our selves to a king , to such a king exercised many years in bloudy feats against us before his pretensions to the crowne , obtruded upon us by such faedifragrous neighbours ; and further hardned against us by such religious incentives : so we must also stoope and kneel to him upon the most servile , odious conditions that can be . for first , wee must come to a new change of government for his sake . by the present , setled forme ; government is now devolved , and as it were naturally resolved into the hands of the people : and as monarchy cost us a vast effusion of bloud , before it necessitated its own ejection , so it is likely to cost as much now , before it can be reestablisht . lyons , and elephants doe not teeme , and propagate so often , and easily as mice , and ferrets doe : nor can wee expect , that such great alterations in great states as these are should be compast without much sore travaile , and long continude throwes . the scots doe know well enough , that our sectarian party in england , which they charge of usurpation , ha's a great army in scotland , ready to cope with all their levies , another as great in ireland , a militia not unequall to both in england , besides a puissant armado at sea : and can they imagin that the suppressing of this sectarian party , and re-investing of monarchy is likely to prove an unbloudy busines ? secondly , as wee must be forced from the government that now is , so we must be forced into a new module of government , that never was before in england knowne , or heard of . the supreme power of england must now suffer a partition , and have its residence in two severall councells ; the one ecclesiasticall , the other civil , and so whilest in imitation of scotland , it transforms it self into an amphisbaena , and submits to the motions of two heads , it can hardly avoid dangerous disputes , and dissentions . in cases of the kirk , the king must hearken to divines , in matters politick the king must be observant of his parliamen●s : but if there happen a difference in mixt matters , t is left to the peoples discretion to side , and adhere , as they see cause . surely t will be an uncooth innovation in england to see kirkmen sit in an assembly , and publish declarations concerning peace , and warrs , as they do now in scotland ; and whether such an innovation may be conducing to a good accord , and understanding in the state , or no , we leave to conjecture . ly , as we must subject our selves to these grand innovations , so they must also be purchased by us with the price of some of our best blood : some few of our principall patriots heads must be payed down in hand for them . it should seem , their idol the covenant requires some sacrifice to make an attonement for the indignities , and prophanations it has lately suffered in england , and so foure or five mens lives are demanded , as a just oblation . but the scots might understand that we are not yet so tame , and that the demand of such an oblation from us , is all one , as the demand of many hecatombes : and therefore perhaps t is not parsimony of blood that makes them so parsimonious in their demands of blood . ly , as our pretiousest friends must lye under this discretionary danger , so the most fatall of our enemies must be secured from all danger of our laws : for in the close of all , an act of oblivion is to overwhelme all things ▪ and all men whatsoever , royallists , presbyterians , independents , papists , protestants are to be put into an equall condition . what is this lesse then to spoil us of all advantages , and exempt our enemies from all disadvantages that the event of these late wars have cast upon us both ? especially when the act is to passe as a grace from our masters in scotland , and not of reconcilement from us ? by this state of the cause so formed , and owned by the scots themselves , 't is now apparent , that if the english had yielded stupedly to all the conditions , and laws that are here imposed upon them , they had left nothing remaining to themselves : the whole english nation had been given up to vassalage under a forreign power . those very royalists , and presbyterians which should have survived the independents , and could have severd themselves from the ruin of the parliament : ( as was very difficult to do ) yet should have seen the old government of england overturned , and have served a master , that should have served other masters . the scots neverthelesse in the declaration before mentioned recommend these impositions of their young k : as his gratious condiscentions , and they expect that hereby he offers satisfaction to the just , and necessary desires of his good subjects in england , and ireland . and because they see there are many thousands in england , who have utterly forgotten that ever they were born on this side the twied : they use many arguments of conscience and honour to arm all such against the parliament : and to in amour them with that freedom , and happinesse that this declaration promises under them . so wonderous a thing it is , that any liberty under a parliament of england should be thought worse by englishmen then any servitude under the kirk ▪ and state of scotland ; but here are the true grounds of our expedition into scotland : the justice whereof lookt backward to the incursion of hamilton in . whilst its necessity lookt forward to the treaty at breda , and to the accord that was there made in march last . there is a justice of warre sometimes that derives it self onely from necessity : but in the war that is now waged by our parliament in scotland , we may truly avow , that our arms are just because they were necessary , and we as truly avow , that they became necessary by being so egregiously just : inasmuch as the magistrate often is restrained from dispensing with the subjects right . now it appears by what ha's been here related , that the scots unprovoked powred in upon us . men in a maner most perfidious , and at a time most disadvantagious ; that after satisfaction peaceably sought they rejected us as unworthy of any treaty with them : that at breda they have since conspired with ●●r open enemy against us , making their cause his , and his theirs : and therefore directly contrary to the scots declarations emitted the last summer , we draw this conclusion , that we have received wrongs insufferable , that we have been denied rights indispensible , and that we have been forced into a war unavoydable . for we hope , since no place , nor time secures us from the offensive arms of their young king , and his commissions officers , whose cause they have espoused by taking him into a forced covenant ; no time , nor place ought to secure him from our defensive prosecution . let the scots flatter themselves as they please with fond umbrages , that they observe their covenant whilst they fight against us that are parties to it , and whilst in the young k. they abet p. rupert , and the irish , that are parties ingaged against it ; god is not mocked , he sees throughly the ill temper of that morter , wherewith their ruinous cause is daubed . the same god knows likewise how unwillingly we drew our swords in this quarrel , and how far all aims of ambition , domination , revenge , or spoil were distant from these our undertakings . the same words which were once used by our army after the great defeat given to hamilton in england , the same do we still resume after as great a successe neer dunbar in scotland . we believe god ha's permitted his enemies at several times to tyrannize over his people , that we might see a necessity of union amongst them . we likewise hope and pray that his glorious dispensations of successe against our common enemies may be the foundation of union amongst gods people in love and amity . to this end ( god assisting , before whom we make this profession ) to the utmost of our power , we shall endeavour to perform , what is behinde on our parts : and when we shall through wilfulnesse fail herein , let this hypocritical profession rise up in judgement against us , before him who is and ha's ever appeared the severe avenger of hypocrisie . this we direct now to all the mislead , yet well meaning people of scotland as cordially after a second signal victory , as we did then after the first . reader , i here often mention the scots , and seem to intend the whole nation ; but i pray thee make no such interpretations : for i doubt not but there are many good people there , that either know not their magistrates hypocrisie , or bewail it in secret . i my self know many excellent men of that nation , and these to me are as dear as if they were english . sit tros , sit tyrius , nullo discrimine habebo . of the ingagement . there was lately printed a sheet of considerations against our common ingagement of allegiance , to this common-wealth : the author seems to be a presbyterian of the scoch faction , by some thought able and learned : his arguments are very brief , and i will answer him , as briefly as may be : the arguments by which our ingagement is impugned , and as it were on every hand beleaguerd are eleven , as i take it . the first is against the ingagements inconsistency with former obligations . . its partiality towards malignants . . its obscurity , and ambiguity . . its illegall penalties . . its inefficacie . . its want of charity . . its rigor to harmless , conscientious men . . its enmity to reconciliation . . its diffidence in god . . its excesse , and extremity in punishing . . its opposition to christian liberty . the raising of this seige , i hope will not prove very difficult . considerator . this ingagement , to some that have already taken six or seven oaths , may possibly seem contrary to some of those former obligations : and such ingagers must now suffer , or sin against their doubting consciences . answ : . no state can enact , or ordain any thing , but the same may be lyable to some mens doubts ; ( in christian religion it self all mens scruples are not prevented ) those acts , and orders therfore which are not lyable to just doubts , are sufficient , and ought to binde . now the ingagement , which in truth is not repugnant to any of our former oaths , or obligations , is lyable to no just doubts . for our former oaths , and ingagements , if we rightly understand them , did not so intentionally oblige us to the form of government , as to government it self ; nor to this or that changable medium of governing , as to the fixt , perpetuall end of government . forms , and means are sometimes very expedient , and so long they are necessarily to be observed : but the question is how far they ought to be observed , when they clash , and by some emergent alteration in the state are put out of tune , and so jar , as it were , with substances , and ends : and all wise men know : subordinata non pugnant : the matter of lesse moment gives way to the greater . the law of the sabbath was strict in all its rites , and requir'd an exact obedience in all its duties which were suitable to its end : but when mans being which was the end of the sabbath came in question , all its subordinate offices , and solemnities submitted . the jews thought man must rather perish , then the sabbath be broken by any labour to save him : and if man had been created for the celebration of that day , they had judged rightly : but since that days rest was ordained for man , our saviour gives a contrary judgement . the same reason reaches our case . our allegiance has been formerly ingaged to the state of england governed in such a form : that form is now changed ▪ and now our allegiance to the state cannot be continued in the old form , without danger to the substance , without ruine to the end , for which allegiance was so ingaged . in this case , if we grant , that the form of government is but a mean , and that it was ordained for the convenience of government , not government for the forms : we have nothing to do , but to conclude with our saviour , that necessity makes the change lawfull , and the violation of the form no violation : forasmuch as there is no repugnance in subordinate things . dunkirk was yesterday under the spaniard , t is to day under the french : the loyalty which the dunkirkers payed yesterday to the spaniard is now due to the french : that dunkirker which now keeps his loyaltie to the spaniard breaks it , and may justly suffer for treason : but that dunkirker which departs from his former loyalty , keeps it , and the truth of his loyalty will be justified by the end of all loyalty . consider : known malignants whose consciences are too hard for such scruples , readily take the ingagement , and so get trust and imployment , whilest the tendernes of conscience shuts honest men out . answ : . this objection has no more force against the ingagement , then it has against preaching the word , administring the sacraments , and all the best ordinances that ever were past by god , or man : for there was never any duty so holy , nor injunction so equitable but some scrupulous men perplexed , and intangled themselves with fears about it , and some men of ill conversation would rush , and intrude rudely into it . t is impossible for the magistrate either to ease tender consciences , or to discriminate hard hearts in all cases : wherefore let us not require impossible things of our magistrates . consider : this ingagement is so pressed , that scruples arising none is permitted to clear them to himself , nor can the tendrers of it prescribe the sense wherein it is to be taken : so it must be subscribed blindly in the implicit meaning of the imposers . this agre●s not with the nature of a solemn obligation . answ : . the ingagement is most injuriously accused of any obscuritie ; no art of man could pen any thing more clearly , or succinctly : nay i am verily perswaded , that the same men that cavil at the ingagement for ambiguity : can scarce produce one law or rule in all the book of god , which might not be made as subject to cavillations as this bond of allegiance . by our subscriptions , we onely binde our selves to be true , and faithfull to the common-wealth of england , as it s now governed without king , or lords . to ask , what the common-wealth of england is , is ridiculous ; t is the same now under this form of regiment , as it was before under monarchy . to ask , how it can be governed without king or lords , is more ridiculous , our senses discover to us , that we have a government ; that we have a government without king or lords : and if we please we may further inform our selves , that there have been other such governments in all ages , amongst all nations . to ask how we may be true , and faithfull to this government , is most ridiculous of all : for truth , and fidelity in england , is the same as gods law commands every where . no law of gods is more perspicuous , then that which enjoyns obedience , and subjection to powers and magistrates ; and yet the same law of god which injoyns obedience , and subjection , intends true obedience , and faithfull subjection : they cannot be divided : false obedience is no obedience , unfaithfull subjection is no subjection . therefore let our considerator cavil at god , and his word , to which our ingagement refers him , let him not cavill at those which refer him . consider . the subjects liberty is saved to him by divers laws , and oaths : yet the not subscribing of this ingagement hercaves any man now of the benefit of law , the greatest of all liberties , and rights . answ . . liberty is the due birth-right , of every englishman : but liberty has its bounds , and rules ; and the liberty of every member must be subordinate to the liberty of the whole body . by the laws of liberty every man is to injoy , that which is his own : but since one man has far greater , and better things to injoy , then another , the liberties of one may extend further , then the liberties of another . likewise , when our liberties are equall extensive , one man may voluntarily renounce , or maliciously forfeit , that which another does not . therfore we must not suppose , that any man in england by the protestation , or covenant , or any law else , has such an estate , or inheritance in his liberty , as is altogether indefeasible , and unreleasible , whatsoever he does , or saies . but in the last place , there is a liberty of the whole state , aswell as of any particular subject : and that liberty of the whole state must supersede the liberty of every particular subject , whensoever both accord not : the lesser , to avoid repugnance , must alwaies give place to the greater . the con●iderator is very erroneous , when he thinks , the law allowes him any right , or freedome to disturbe the law , or to oppose any constitution , upon which publick right , and freedom is founded . consider . these kinde of ties have commonly prooved uneffectuall : nay they have often proved mischievous , like artillery turned against the first planters , and devisers of them . witnesse the bishops canonicall oath : witnesse the late covenant , &c. answ : . religious ties , and pacts are not unlawfull in themselves , but we hold the use of them unlawfull when they are inforced without sincerity , without necessity , and without due authority . as for the bishops canonicall oaths ; we are not satisfied that there was a sincere meaning in them , or any cleer law for them : and we are certain there can be no necessity pretended to uphold them : wherefore t is no marvell , if they proved fatall . as for the covenant also , it was rigorously obtruded upon the english by the scots , without any pretext of authority : and as we have found since a want of ingenuity in the obtruders , so we are sensible the pleas of its necessity were mistaken : forasmuch as it has wrought contrary effects , and produced hostility , instead of amity . wherfore if this miscarried also t is no great wonder . neither does the line , that runs betwixt our ingagement , and those obligations prove a true parallell : for those were religious , so is not this : and those were utterly unnecessary , to say no worse of them , so is not this . god has required us to be loyall , and true in our obedience to the higher powers : to obey god in this is necessary : and therfore to promise obedience in this , even when our promise is a necessary part of our obedience : and is moreover a medium so aptly disposed to reach the end of all obedience , the securance of publick peace : we cannot but conclude it necessary . besides , the considerator might take notice , that his objection here is generall against all stipulations , as such : so that by the force of his objection , the very bonds of matrimony ; the military sacraments of souldiers : all the obligations almost betwixt man , and man , by which humane society is preserved , finde themselves struck at , and shaken . there was scarce ever any nation yet so barbarous , as wholly to neglect ties of allegiance ; and amongst all ties of publick allegiance ; there scarce will be any found so modest , brief , cleer , easie as our english ingagement : the obligation is no more then civil , and the extent of it scarce equals the petie homages , and fealties which we pay in leets , and in our courts baron . consider . if we raised trouble , or sedition under the present government , these proceedings against us might be justified : but we are now punisht because we dare not offend god by subscribing . what is our case now was the subscribers ease , when they were formerly over-ballanced in the government by men of another judgment : let them therfore do as they would be done to , for we desire now , what they desired then , that conscience may not be forced . answ : . the case of the non-ingagers is not the same now , as ours was formerly : nor are we so uncharitable as to violent mens consciences , or to exact that from others which we would not have exacted from our selves : these charges are void of truth , and ingenuity . necessary oaths , and naturall stipulations properly tending to the preservation of humane society , we never were enemies to : nor ought any good mans conscience check at them : and if the non-ingagers can shew , that we require now in this promise any fidelity or obedience to the state , besides what god himself requires : and the naturall usage of all nations justifies , we will acknowledge our error , and harshnes to them at present . or on the other side , if the considerator will shew , that the oaths which we formerly were scandaliz'd at in the bishops and other oppressors were of such necessity , and so tenderly moderated , as this ingagement is , we will acknowledge our refracto●ines in former times : but if neither of these things can be shewed , the considerator cannot say we deal unequally or partially with other mens consciences , t is want of charity in him , that charges this want of charity on us . consider . the non-ingagers can have no other ends of refusing , and becoming obnoxious to the sharp censure of the act , besides conscience : because they are few , and cannot compasse any alteration : and they further see , it could not be compast without a great effusion of blood , if they were more , and stronger . again : if men offend by disturbance of the government , under which they live : let them receive severe punishment , let them not be punisht before offence given . again , this ingagement involves many conscientious men ▪ fearfull to subscribe , who yet verily believe they must stand , or fall with the present government : and are wholly for them in their judgment . answ : . we must by no means grant , that there is truth in these suggestions . for : . we know there are diverse , which refuse this ingagement out of meer dis-affection to the present government . . there are diverse neutral minded men which do subscribes ▪ his ingagement not without some unwillingnesse , which neverthelesse will the rather be true , and faithfull because they have so ingaged . fear of penalty will be as potent to keep some men from breaking , as it has been to keep others from refusing the ingagement . . t is impossible for us to beleeve that pure conscience restrains any man at all from subscribing : it must be peevishnes , of humor , and opinion , it cannot be conscience . our reason is : because there is no third thing betwixt being a friend , and an enemy : betwixt being true , and false : betwixt being obedient , and disobedient . can we possibly admit , that they are wholly for us in their judgments ; that they expect to stand , and fall with us , that they are conscientiously bound up from attempting against us : which think it a sin to promise any truth , or fidelity to us ? either it is a sin to be true , and faithfull to this common-wealth , or it is not . if it be a sin : in the judgment of our non-ingagers ; to be true , and faithfull ; then are our non-ingagers worse then enemies : for enemies themselves may without sin passe pacts of truth , and ●idelity to each other : and if our non-ingagers be worse then enemies , t is treacherous in them to pretend they are lesse . pure conscience cannot permit them to say , they are wholly of our judgement , their safety is involved in ours , they are no way disaffected to the present government : whilest at the same time it suggests to them that they sin if they prove true , and faithfull to us . on the other side , if they allow there is no sin in being true , and faithfull to us : then they must allow withall , that there is no sin in promising truth , and faithfulnesse . nay without doubt , the thing being lawfull , the promise of the thing becomes lawfull , if not necessary when t is required by the magistrate for securance of the publick peace . t is a strange thing to imagine , what now predicament the non-ingagers must finde out for themselves . protest enemies they abhor to be , their judgements , their safeties , their own interests force them to disclaim that name : profest friends neverthelesse they dare not be ; some scruples of conscience deter them from any such obligation . neuters they cannot be , because they are natives , and members of this state , and owe allegiance to government , howsoever they may except against this , or that form of government . forreiners that have no dependence upon us , nor owe allegiance to us , may professe neutrality , and if they be not against us , we repute them as if they were for us : but t is otherwise with the english subjects . ambidexters they will disdain to be : for of such the contrary rule is true : if they be not with us , they be against us : a seeming , simulatory , friend to two contrary parties is a reall , assured enemy to both : our saviours mouth has left it unquestionable , that no man can serve two masters . it will therefore well become our non-ingagers , to be plain dealing with us in this , though they may not be true to us , and let us know under what notion they would be lookt upon . if they be neither friends , nor enemies , nor neuters , nor ambidexters , let them give themselves some fifth name , onely let it be such a name , as may fall under some definition . consider . the covenant , we see , is a great hindrance of reconciliation with scotland , which shews the pernitious consequences of laying obligations upon the people . for to oblige the people , and not interpret , nor limit those obligations , is a way to perpetuate strife , to multiply disputes , and conscientious entanglements . answ : . how ill our plain , necessary ingagement , that comes recommended to us by good wholsome precedents from all ages , and nations is compared to the many intricacies , and inconsonancies , of the scoch covenant has been already shewed . the various interpretations of the covenant might perhaps beget , and perpetuate strifes betwixt two emulous nations : but our ingagement is so liquid , facile , and concise a tie of truth , and fidelity from english men to their common mother : that even they which have most tortur'd their brains to raise quaeres , and scruples about it , at last , know not how to stile themselves , nor where to place themselves : nor can they teach us how we should understand their chimeraes or resolve their fond aenigmas . let not that therefore be ado●sed of creating quarrels , which is so hard to be quarrell'd it . consider . it were more for the glory of god , if magistrates would trust god with their government , not thinking themselves the safer by tying man to them , especially by means that have so often failed . oh beware of unbelief . answ : . to use honest , well proportioned means allowed , and appointed by god , with a trust that god will blesse the same to us , is rather to honour , then distrust god : and t is not a trusting , but rather a tempting of god , when we sit still , and let slip opportunities upon a vain expectation that god will supply us with extraordinarie , unpromis'd helps . constant experience instructs us , that promises and other sacramentall obligations have been ever honorably , and profitably made use of for religious , and civill purposes : they have been sanctified by god himself both giving , and accepting of them : they have not onely bound man to man , but man to god , and god to man . therefore to argue against such expedients in this case , upon the strength of such propositions as are generall , and as concludent against all humane expedients in all cases whatsoever , must needs savour of a spirit too litigious , and acrimonious . consider : by this ingagement persecution of godly men is grown higher in divers respects then it was in the times of prelaticall power : in regard that non-ingagers are now more in number then non ▪ conformists were formerly : and whereas imprisonment was formerly the penalty of puritans , non-subscribers now are put ●ut of the laws protection as to their estates : if livre. be owing them , they are at the debtors courtesie , whether he will pay one penny , or not . answ : . the common-wealth of england denyes no protection to any , that will promise truth and fidelity in their reciprocall subjection : nor does it deprive any of the benefit of law , that ingage to be friends to the law . wherefore since the common-wealth is in the place of a mother , and every particular man is but in the place of a son : t is not fit the son which first rejects his mother , should complain afterwards that he is rejected by his mother . away with such stupid gross●● partialities : he which out-la●● himself , cannot complain of an out-laws hard condition : and he that joyns not with the people in all necessary expedients to uphold the law , out-laws himself . t is double injustice for a subject undutifully to forfeit the states favour first , and then to expostulate against its dis-favour : as it is double ingratitude in a son to deny filial duty first , and then to cry out against paternall severity after . the subject here is his own persecuter , and the son his own true dis-inheritor : forasmuch as both with-hold that which was due absolutely , and naturally , yet have nothing with-held from them , but what was due conditionally , and secondarily . consider . we deny not that the magistrate may require security for the obedience of men , that give occasion of suspition : but we deny the magistrates power , and rule over mens consciences . for christ has redeem'd us to himself , that we might serve him without fear , and not suffer our selves to be brought in bondage to the wils of men . so calvin : insti : l : . c : . s : . the conclusion is : what a christian may not lawfully act , he may not be lawfully constrained to act by the magistrate : but a christian may not lawfully act against his conscience though erring : therfore he may not lawfully be constrained thereunto . answ : . t is confessed there are high prerogatives of liberty ( to use calvins own words ) which christ has purchast with his blood for faithfull consciences , to exempt them from the power of men : and that these prerogatives are lost to such consciences , as yeeld themselves to be snared with bonds of laws , and ordinances at the will of men . but we must understand with all , that no exemption from the bonds of the law moral , or any civil ordinances not crossing the law moral , is here intended , or reckoned amongst christs purchased prerogatives : for christ himself was obedient to the higher powers : and did professe that he came not to destroy , but to fulfill the law . we must therefore restrain calvins meaning to a freedom from leviticall ceremonies , or humane , unnecessary impositions in matters ecclesiasticall : or to commands evidently sinfull . inasmuch as the consciences of faithfull christians cannot be properly said to be snared with any other laws , and ordinances . for that we are to be subject to government , and governors for conscience sake : and that a faithfull , pure conscience is a thing very different from the ignorant fears , or rash presumptions of a mis-guided minde , is very cleer by the scripture . therefore when the considerator argues that a man may neither act , nor be enforced to act against an erring conscience . he seems to me to utter meer non-sense , forasmuch as that opinion which may be false , and erroneous , is so far from being a mans conscience , that t is inconsistent with conscience . shall we call the papists blinde zeal which makes him thirst after protestant blood an erroneous conscience ? and shall the magistrate forbear all force , and restraint towards him , because he onely follows the dictates of an erroneous conscience ? we may aswell call that conscience which leads the ranter into uncleannesse : which urges the arrian to blaspheme christ , and which induces the poore indian to offer humane blood in sacrifice to the divill . no : conscience in st. pauls sense ( whom calvin follows ) is that agent of god in the soul which holds forth to us the lamp of nature ( or rather of god creating us ) improved further with the oyl of grace ( or rather of god redeeming us ) to shew us the uglines of ●in , and the beauty of righteousnes : and as this agent of god never mis-instructs us , so neither are its instances with us ever to be rejected under pretence of any humane ordinances and powers whatsoever contradicting . whatsoever is not of faith is sin : and that cannot be of faith , which is not clearly warranted ●y the word of god : therefore to follow an erroneous perswasion , under the name of conscience , is sinfull , unfaithfull , and unwarranted by the word of god . the considerator pleads his doubts , and scruples , and fears , as the dictates of his conscience against the ingagement : alas conscience , i● i● be unde●iled , pure , and faithfull ( such as calvin out of st. paul intimates ) is above all doubts ▪ fears , and scruples , at least it is far predominant over them . and let the considerator deal ingenuously with himself , and search strictly into the darkest retirements of that , which he cals conscience : and he shall finde , that doubts , fears , and scruples assail him on the one hand , as well as on the other . if the considerat●n be not fully satisfied in this , that he may be true , and faithfull to the present government ; i dare tell him , and that from his own mouth too , he is as ill satisfied in this , that he may disobey the magistrate under whose protection he lives , in denying an assurance of his truth and loyalty , when it is not onely a command , but a command so necessary for securance of the publick peace . can we then imagine , that conscience gods resident in the soul is divided against it self ? or can we imagine , that that trumpet which sounds points of war so contrary is to be obeyed , above all laws , and ordinances ? and revered as gods resident ? the considerator will say : if i have my dissatisfactions both wayes , how shall i extricate my self either way ? how shall i ingage , or not ingage without sin , since neither ingaging , nor refusing is of faith with me ? is it not in this case my safest course to obey that instinct , or prompting of my conscience which is most powerfull , and least opposite to faith ? i answer , god has not left thee without an issue , and a way to escape out of the midst of these perplexities . for all cases are either certain , or dubious ; and in all cases certain god has made every man a judge : and has left in every man that which we call conscience to negotiate in his behalf ; and the judgement which conscience passes herein , is beyond all other laws , and jurisdictions . but i● dubious cases , god has not left every man a judge ; private men against their own opinions are to conform to the sentences of their commissioned magistrates ; and in so doing they violate not their consciences , they rather do that for which they have a sure warrant , such a warrant as faith may rest upon , and conscience be quieted by . by this warrant , the apostles , and their followers did pay due allegiance to the caesars , the worst of men , and most injurious of usurpers : though it was more then probable in those daies , that their titles were gotten , and maintained by force , fraud , and bloody rapine . who knows not , that in that infancy of the church herod had newly usurpt over the jews , that the romans usurpt over him , and were in like manner presently after usurpt over by the caesars : yea that even in the family of the caesars , there were almost continuall usurpations ? but the considerator will still say : can conscience permit me to dispence with oaths formerly taken by submitting now to contrary , inconsistent ingagements ? is not this a thing evidently , and indubitably evill ? and is not conscience a sufficient judge of things so evident , and indubitable ? i answer . . where man is hem'd in , with two unavoidable evils , the lesse is to be chosen : and the choise of the lesse , is no sin , but a duty . when man cannot preserve himself , or some other living creature without transgressing a sabbath duty , the transgressing of that duty becomes an office of charity : because the means by its subordination was necessarily to give way to the end . ly , to submit to a new obligation which is conducent to the publick good , and to wave a former contrary obligation , when it is become opposite to its first end is no evident , indubitable evil . the law by oath bound the king , and all under him to maintain the ancient rights , usages , and statutes of the land : yet when any change of those rights , usages , and statutes became necessary for the publick good , we are all satisfied that the king and all under him gave way to that change without perjury . so if we have been sworn to maintain monarchy , the form of government being but subordinate to an higher end , when monarchy becomes destructive to that end , the force of our oath ceases : for laws create forms , and laws uphold forms by oaths ; but neither forms , nor oaths binde longer then the laws : and we see , there is a subordination even amongst laws themselves , and by the rules of that subordination , temporary laws are to yeeld to perpetuall laws , conditionall to absolute ; mediate , to finall . when nature permits heavie bodies contrary to the law of heavy bodies to ascend , for the prevention of some greater breach of some law that concerns all the elements , and the peace of the universe : it teaches us , what we are to do in politicks . i leave these things to the considerators own application . the magistrate which is now girt with gods sword , requires an assurance from him of his allegiance for the better preventing of future broils , and disturbances . his private phancie tels him that assurance is due to some other magistrate , which if he may judge of secret reasons of state , and things above him , has more right to the sword : yet in the mean time doubts , whether god has intrusted him with any such judgement , or no : and he sees his example keeps the publick peace the more unsetled , and he forfeits the protection of law to himself , by denying his obedience to the same : i say no more : the considerator here is hedged in with two inevitable evils , let him consider , whether is the greater . errata . page . line ● . for dishonouring , read dischotomizing . finis . a proclamation, for publishing the peace between his majesty and the states general of the united netherlands. england and wales. sovereign ( - : charles ii). approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). b wing c estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. b ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a proclamation, for publishing the peace between his majesty and the states general of the united netherlands. england and wales. sovereign ( - : charles ii). charles ii, king of england, - . sheet ([ ] p.) printed by his majesties printers, edinburgh : . caption title. royal arms at head of text; initial letter. printed in black letter. dated at end: given at our court at whitehall, the twenty seventh day of february, one thousand six hundred and seventy four, and the six and twenty year of our reign. reproduction of the original in the national library of scotland. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng dutch war, - -- treaties -- sources. great britain -- politics and government -- - -- sources. great britain -- foreign relations -- netherlands -- early works to . netherlands -- foreign relations -- england -- early works to . - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion c r diev et mon droit honi soit qvi mal y pense royal blazon or coat of arms c r diev et mon droit honi soit qvi mal y pense royal blazon or coat of arms a proclamation , for publishing the peace between his majesty and the states general of the vnited netherlands . charles , by the grace of god , king of great britain , france and ireland , defender of the faith : to our lyon king at armes , and his brethren heraulds , macers , pursevants , messengers at armes , our sheriffs in that part , conjunctly and severally specially constitute , greeting . whereas a peace hath been treated and concluded at westminster , between vs and the states general of the united netherlands , and the ratifications thereof exchanged , and publication thereof made at the hague , the twenty fourth day of february , one thousand six hundred and seventy four : in conformity thereunto , we have thought fit hereby to command , that the same be published throughout all our dominions ; and we do declare , that no acts of hostility or force are to be committed by any of our subjects , upon any of the subjects of the saids states general , within the several limits hereafter mentioned , from and after the several dayes and times hereby also specified , viz. after the eighth day of march , one thousand six hundred and seventy four , next ensuing , from the soundings to the naz in norway , viz. after the seventh day of april , one thousand six hundred and seventy four , from the soundings aforesaid , to the city of tanger . after the fifth day of may next following , in the ocean , mediterranean , or elsewhere , betwixt the said city of tanger , and the equinoctial line . and lastly , after the twenty fourth of october next ensuing , in any part of the world . and that whatsoever actions of hostility and force shall be committed by any of our subjects , against any the subjects of the saids states general , after the dayes aforesaid , upon color of whatsoever former commission , letters of marque , or the like , shall be deemed as illegal , and the actors oblieged to make reparation and satisfaction , and be punished as violators of the publick peace . and hereof we will and command all our subjects to take notice , and govern themselves accordingly . given at our court at whitehall , the twenty seventh day of february , one thousand six hundred and seventy four , and the six and twenty year of our reign . god save the king . edinbvrgh , printed by his majesties printers , . to the kings most excellent maiesty the humble petition of the lords and commons in parliament sent by sir philip stapleton to his excellency the earle of essex, and by him presented to his sacred majesty. england and wales. parliament. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing e ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) to the kings most excellent maiesty the humble petition of the lords and commons in parliament sent by sir philip stapleton to his excellency the earle of essex, and by him presented to his sacred majesty. england and wales. parliament. stapleton, philip, sir, - . essex, robert devereux, earl of, - . [ ], [i.e. ] p. printed for f. coules, [london] : september , . imperfect: p. - lacking in numbering only. "ordered by the lords and commons in parliament that this petition be forthwith printed and published: hen. elsygne [sic], cler. parl. d. com." reproduction of the original in the bodleian library. eng great britain -- history -- civil war, - . great britain -- politics and government -- - . a r (wing e ). civilwar no to the kings most excellent maiesty: the humble petition of the lords and commons in parliament: sent by sir philip stapleton, to his excell england and wales. parliament a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - jonathan blaney sampled and proofread - jonathan blaney text and markup reviewed and edited - pfs batch review (qc) and xml conversion to the kings most excellent maiesty : the humble petition of the lords and commons in parliament : sent by sir philip stapleton , to his excellency the earle of essex : and by him to be presented to his sacred majesty . ordered by the lords and commons in parliament that this petition be forthwith printed and published : hen. elsygne , cler. parl. d. com. printed for f. coules . september . . the humble petition of the lords and commons in parliament , to his sacred majesty : sent by sir philip stapleton to his excellency the earle of essex , and by him to be presented to his majesty . wee your majesties loyall subjects , the lords and commons in parliament , cannot without great grief & tendernes of compassiō behold the pressing miseries , the eminent dangers , and the devouring calamities which do extreamly threaten , and have partly seized upon both your kingdomes of england and ireland , by the practises of a party prevailing with your majesty , who by many wicked plots and conspiracies have attempted the alteration of the true religion , and the ancient government of this kingdome , and the introducing of popish idolatry and superstition in the church , and tyranny and confusion in the state , and for the compassing thereof , have long corrupted your majesties councels , abused your power , and by suddaine and untimely dissolving of former parliaments , have often hindred the reformation and prevention of those mischiefes . and being now disabled to avoide the endeavours of this parliament by any such meanes , have traiterously attempted to over-awe the same by force ; and in prosecution of their wicked designes , have excited , incouraged , and fostered an unnatural rebellion in ireland , by which , in a most cruell and outragious manner many thousands of your majesties subjects there have bin destroyed . and by false slaunders upon your parliament , and malicious and unjust accusations have indeavoured to beginne the like massacre here . and being through gods blessing therein disappointed , have ( as the most mischievous and bloody designe of all ) drawne your majesty to make warre against your parliament , and good subjects of this kingdome , leading in your person an army against them , as if you intended by conquest to establish an absolute and illimitted power over them , and by your power and the countenance of your presence have ransacked , spoyled , imprisoned and murthered divers of your people , and for their better assistance in their wicked designes , doe seeke to bring over the rebels of ireland , and other forces beyond the seas to joyne with them ; and wee finding our selves utterly deprived of your majesty protection , and the authors , councellors , and abbettors of these mischiefs in greatest power and favour with your majesty , and defended by you against the iustice and authority of your high court of parliment , whereby they are grown to that height and insolence as to manifest their rage and malice against those of the nobility and others who are any whit inclinable unto peace , not without great appearance of danger to your own royall person ; if you shall not in all things concur with their wicked and trayterous courses , have for the just and necessary defence of the protestant religion of your majesties person , crown , and dignity , of the laws , and liberties of the kingdome , and the priviledges and power of parliament , taken up armes and appointed and authorized robert earl of essex to be captain generall of all the forces by us raised , and to lead and conduct the same against these rebells and traytors , and them to subdue , and bring to condigne punishment . and do most humbly beseech your majesty to withdraw your royal presence and countenance from these wicked persons , & if they shall stand out in defence of their rebellions and unlawfull attemps , that your majesty will leave them to be supprest by that power which we have sent against them , and that your majesty will not mixe your own dangers with their's ; but in peace , and safety without your forces forth-with returne to your parliament , and by their faithfull councell and advice compose the present distempers & confusions abounding in both your kingdomes and provide for the security and honour of your selfe and your royall posterity , and the prosperous estate of all your subjects , wherein if your majesty please to yeeld to our most humble and earnest desires , wee doe in the presence of almighty god professe that we will receive your majesty with all honour , yeeld you all due obedience and subjection , and faithfully endeavour to secure your person and estate from all dangers , and to the utermost of our power to procure and establish to your selfe , and to your people , all the blessings of a glorious and happy reigne . finis . c r diev et mon droit . royal blazon or coat of arms a brief character of englands distraction being the copy of a letter sent into the country by a gentleman of the middle-temple / by th. le. wh. le white, thomas. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing l a). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing l a estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a brief character of englands distraction being the copy of a letter sent into the country by a gentleman of the middle-temple / by th. le. wh. le white, thomas. p. [s.n.], london : . reproduction of original in the harvard university library. eng great britain -- politics and government -- - . great britain -- history -- commonwealth and protectorate, - -- sources. a r (wing l a). civilwar no a brief character of englands distraction being the copy of a letter sent into the country by a gentleman of the middle-temple / by th. le. le white, thomas f the rate of defects per , words puts this text in the f category of texts with or more defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion a brief character of englands distraction : being the copy of a letter , sent into the country by a gentleman of the middle-temple . by th. le. wh. gent. printer's or publisher's device london , printed in the year . a brief character of englands destractions . sir , happily amidst these our late distractions here at london , you may expect some other news , either from hence or from abroad , which in all the , intercourses between us , you know i have evermore avoided , and left that to diurnals , and such as delight to tell of novelties ; only to that , which is i presume long since known to you and all the three nations ; i send you this as it is , the grounds of the present , and late differences , between the army officers , and remnant of the old legal parliament ; for so i stile it , in respect , that it was summoned by the late king . as to all the other assembl●es , or rathe● conventickles , they both came together , and sate to little other purpose , than to assume to themselves the name of a parliament , without the essence , summons , and due form of our antient g●eat councels ; the relicts of the long parliament being fi●st put down by the army , and of late sat up , and again ●●shler●d by the power of the sword : and likewise the protector divested of his power , as a partener , with the parliament in the late est●blished government , upon this reason and ground , that the grandees would nor admit of any single person ; as also , for that the parliament as 't is alleaged , acted irregularly , and not according to the humor of the souldier . this is generally conceived to be the ground of the present destractions ; in the mean time , judge you , where we are ( the legislative power being laid a side ) and the nation left without any government , but that of the sword . 't is true , it is in common discourse , that there is a government informing , but what that is , or will be , god knows ; you know kings , single persons , peers , and parliaments , are not now in rerum natura , neither any settlement in any of the courts of judicature , that may rightly , and legally , determine meum et tuum . some there are , that say the grandees will pitch on that frame , which hath been so happily established by the hollanders ; and indeed their case , and ours , 〈◊〉 of so near a kin , in discarding kings and single persons , that i confesse it may invite our great masters to follow their pattern . others there are , that propose a government answerable to that of the romans , on their putting down tarquinius superbus their last king , when as the senate assumed the sole power of , government to themselves , as the best and most d●●●able , though this soft look not back to those interruptions which often befel them by the tribunes of the people , their censors , dictators , and at last , that of their armies , in the election of their emperors without either the consent , or approbation of the senate , to speak in tearms of truth , our case and theirs , are much alike . others there are , that propose the venetian government , were their duke as a single person , rules no otherwise , than as their grand councel shall admit and approve . but the major part of the people , are for charls stuarts interest , hoping that these our destractions , conduce to the bringing him in , though the wiser sort , would have him ty'd up to such conditions that happily will neither become the propounders , or his acceptance , this sort not foreseeing the future , and that in case he comes in , otherwise it must necessarily be by the swords of strangers , and a party here at home , then 't is most perspicuous , that he w●ll come in with a revengeful heart , and then no man can expect from him other measure , than a reseisure of all the crown lands , the royal houses , with their rich ornaments , the regali● , and what not ? that may right him , as well for the crown lands , a● his fathers blood . woe than to such purchasors , as have ●nriched themselves , by buying the crown lands at under rates ; neither must such , as have not been guilty of getting those good bargains , beleive to escape scot-free , for all mens estates , will be then liable to his conquering sword , neither will this be the worst of such a turn of fortune for our religion , laws , and immunities , of every free born subject , must vayl the bonnet to that prevailing power . all this is too plain and manifest , which necessarily will befall the universal nation , wherein not only the nocent but the innocent will be in a like condition . now sir , there 's another sort , that say , we are too much english , in relation to the old proverb ( which you know ) is , that an english man knows not when he is well , and that there was a government set up by old oliver , between him and a parliament , as also that during his time they lived in peace and quietness , as also that the laws and justice had a free and open current , and many tedious sutes ended by his means by way of reference , and that he kept a court , answerable to the state and honour of the english nation , entertained all ambassadours of forein princes and stares , with his guards of horse and foot , with his controller , stewards , master of requests , and master of the ceremonies , and that he was courted and admired by most of the princes and states of europe ; whereas now there is no person , no place , whereunto any addresses are to be made from abroad , to the dishonour and scorn of the nation ; they farther say , and allege our blessed saviours . oracles , ut ●em●ntem feceris ita ut metes , for that the same person was after his death vilified , and his son shamefully disgraced , and set at nought , by those which the souldiers so lately hath put down in retribucion of the ingratitude shewed to him , whom the whole nation knows was the prime instrument of reducing the three nations to peace , and quietness , and that in a trise to the wonder of the world . the premises rightly considered , where are we now ? otherwise than as slaves of a new edition ; but se●ting aside this our sad condition as it relates to our temporal estates , let us alittle look back to that of our spiritual condition , and the obliquies of the church , where instead of reformation , ( of which god knows there was need enough , at the sitting down of the long parliament ) too many learned and orthodox ministers have been put out of their livings , and mechanick , ignorant , and illiterate sectaries prefer'd , and many congregations and parishes both in engl●nd and wales , left without any pious or able minister , either to read , pray , or preach , as it becomes one , that hath cura anim●rum ; sectaries , and sci●●●●cks bearing the sway , and trampling on the orthodox and true p●otestant religion , without any reformation . again , if we look back to our national laws , ( as the case stands ) who now shall eith●r make new ones , or abolish old and useless ones , since parliame●nts are set at nought and laid afide ; nay , where is now ●hat authority that may legally summon them , of enable the m●mbers to sit longer than the souldier will suffer them . hence you may behold the sad condition wherein the nation stands , with●ut any due reformation in the church , without laws , government , setlem●nt , or security , in any thing we have formerly enjoy'd ; 't is consest the nation cannot be secured ( as the case stands ) without our armies both by sea and land , either from invasions from abroad , or insurrections at h●me ; but if our armies shall or will be the first that will invade us , and assume to themselves , the sole and absolute power of government , doubtlesse then we are in a remedilesse condition , wh●n our servants shall become our masters . on the other side , in case our parliaments , shall act alone and do what th●y please , without any controule , then we are in the same condition , as if the army ruled alone without any other partnership 〈…〉 e government . me thinks our g●an● m●ste●s of either side , should both of them have bethought themselves of s●m● one m●dium or other , rather than either of them , should assume to themselves the sole , and supreme power of government ; for that , wheresoever soveraignty , or any other power of government , shall act alone , and without any partnership ; it instantly turns into tyrann● : on this consideration , let them both lay this to heart , that when either parliaments ; or our wrongs shall assume to ●ct alone the natures of necessitie , will become slaves , or no better ●han so many asses , assigned to bear the burthen , of that single and unruly power : for 't is without di●pute , that the most lasting , and best government , is , and must be of a mixt nature or constitution ; it s bellarmins opinion , de roman● pont●fic● , who after he had so much mignified , absolute monarchy ; yet at last concludes attamen , monarchiam , mixtam , et temporatam , inter arist●craciam , et democraciam , semper meliorem esse puto ; you may remember that the lacedemonian kings had their ephori , that contrould them whensoever they took upon them , transire and to go beyond the bounds of lawfull soveraignty . it was the grand court of a●ragon , ( supprest by ferdinand● , ) that kept their kings for many hundred years from tyranny , and the natives from slavery . to come nearer to the poynt , i do not conceive that either the late protectors , oliver and richard as single persons , were absolute , for they had a parliament , and in the intermissions of parliaments , an able councel of state , that carried on the affairs of the common-wealth as joynt copartners with them : if it be abjected that oliver was the first , that dissolved the long parliament , the answer to this , is soon made , for that they began to call into question the new goverment , under which the universall natives , lived in peace , and security , without any disturbance , which to preserve , the protector , perceiving the ends , and aims , dissolved them . you may remember how the late king made it his common practice to call parliaments and dissolve them , without their due effects , at will and pleasure : is it therefore of necessity ; that some few of the army officers should do the like as they have often done , and destroy the most essentiall part of the old english government , the old security of all the free born subjects , of this nation , and that court which in all ages hath stopt the currant of the incroachment of the royal prerogative , and prevented that inundation which would have swallowed up all the subjects , freedoms and liberties ; but the report goes that they will resolve to call a parliament speedily , if that be their resolution , in gods name then let it be a free and legal one , an the election of the members left to the free-holders and not too much tyed up to the rack of their wills and pleasures , otherwise , where will they be found that will sit , when they shall be chosen ? since 't is already in common discourse , and the question put , why should any either accept the● election , or sit , when as the souldier at his will and pleasure shall send them home as wise as they came to the house ? sir , to conclude , without doubt there is somewhat if not much amisse , in the mannagery of this work of darknesse , ( for so i call it ) not pleasing to almighty god ; 't is most true , that all along our many sad and often changes , we have had frequent fastings , prayers , and preachings , but whither they have been rightly addrest , rests the doubt , the apostle st. j●mes tels us we pray and ask but receive not , because we petition amiss , i fear me this is our case , and therefore let us all more fervently pray unto almighty god , and heartily beseach him , that our prayers and addresses may be more pleasing to him , who alone must help and free us from these our devisions , otherwise we are all lost ; it is unity and concord , that must set us all aright , and in our right wits . if a kingdom , city , or house devided cannot stand , needs must our devisions ruine us , concordia res parvae crescunt , discordia dilabuntur . therefore let our great masters lay aside their ambition and self-ends , then by gods good grace , the cure of these our sad distractions will be soon perfected ; therefore it behoves us all to pray unto god , that unity and concord may be preserved amongst us , for without it , the nation cannot be in safety , since as now the case stands , we are all in the highway of confusion , and never more subject and open to forraign invasions , then at present ; we wish that they which now sit at the healm , will bethink themselves , and take it into their serious and timely consideration , that the new amity and friendship contracted between the two greatest and neighbouring princes of christendome , presageth no good omen to england ; and that they will call to mimd the late passages and causes at paris ; as also to bethink themselves , that all things are not so safe at home as it should be , and might be remota causa tollitur effectus , then the cure will ( by gods good grace ) be soon perfected ; but as now affairs are carried off , we can expect no other rate to befall us , than dissolation ; the armies divided amongst themselves ; the ci● and the armies divided , and in combustion ; no due settlement either in the church or state , and the courts of indicature , but all in confusion ; sectaries and sc●maticks , suffered to discard the peace of the church ●nd state by the pl 〈…〉 of jesuits ; without any care of redresse . th●● sir , y●u may see in what a ●●d condition wee all stand , g●d in his great mercy look upon us , and give us all the grace of a true and hearty repentance , and avert those heavy iudgements , which now threaten this sinfull nation with utter ruine and defolation . your very loving and constant friend tho. le. wh. from the middle temple this . of december , . finis . the speech and declaration of his excellency the lord generall monck delivered at white-hall upon tuesday the . of february . to the members of parliament at their meeting there, before the re-admission of the formerly secluded members into the parliament house. ordered by his excellency the lord generall that this speech and declaration be forthwith printed and published. will: clark secretary. entred in the stationers hall according to order. albemarle, george monck, duke of, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing a thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) the speech and declaration of his excellency the lord generall monck delivered at white-hall upon tuesday the . of february . to the members of parliament at their meeting there, before the re-admission of the formerly secluded members into the parliament house. ordered by his excellency the lord generall that this speech and declaration be forthwith printed and published. will: clark secretary. entred in the stationers hall according to order. albemarle, george monck, duke of, - . england and wales. parliament. [ ], p. printed by s. griffin, for john playford at his shop in the temple near the church, london : [i.e. ] annotation on thomason copy: "feb: .". reproduction of the original in the british library. eng great britain -- politics and government -- - -- early works to . a r (thomason e _ ). civilwar no the speech and declaration of his excellency the lord generall monck: delivered at white-hall upon tuesday the . of february . to the albemarle, george monck, duke of a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - robyn anspach sampled and proofread - robyn anspach text and markup reviewed and edited - pfs batch review (qc) and xml conversion the speech and declaration of his excellency the lord generall monck delivered at white-hall upon tuesday the . of february . to the members of parliament at their meeting there , before the re-admission of the formerly secluded members into the parliament house . ordered by his excellency the lord generall that this speech and declaration be forthwith printed and published . will : clark secretary . entred in the stationers hall according to order . london , printed by s. griffin , for john playford at his shop in the temple near the church . . the speech of his excellencie the lord general monck , deliver'd to the members of parliament met at white-hall on tuesday the . of febr. . gentlemen , you are not i hope , ignorant , what care and endeavours have been used , and means essayed , for healing the breaches of our divisions amongst our selves , and that in order thereunto divers conferences have been procured between you , though to small effect ; yet having at length received fuller satisfaction from these worthy gentlemen that were secluded then formerly ; i was bold to put you all to the trouble of this meeting , that i might open my selfe to you all , even with more freedome then formerly : but least i might be misapprehended or mistaken , as of late it befell me , i have committed to writing the heads of what i intended to discourse to you , and desire it may be read openly to you all . the declaration of his excellency the lord generall monck . delivered at white-hall , upon tuesday the . of february . gentlemen it appears unto me , by what i have heard from you and the whole nation , that the peace and happy settlement of these bleeding nations , next under god , lyeth in your hands . and when i consider that wisdom , piety , and self denial , which i have reason to be confident , lodgeth in you , and how great a share of the nations sufferings will fall upon you , in case the lord deny us now a settlement , i am in very good hopes there will be found in you all , such melting bowels towards these poor nations , and towards one another , that you will become healers and makers up of all its woeful breaches . and that such an opportunity may clearly appear to be in your hands , i thought good to assure you , and that in the presence of god , that i have nothing before my eyes but gods glory , and the settlement of these nations , upon common-wealth foundations . in pursuit whereof i shall think nothing too dear ; and for my own particular i shall throw my self down at your feet to be any thing or nothing in order to these great ends . as to the way of future settlement , far be it from me to impose any thing , i desire you may be in perfect freedom ; onely give me leave to mind you , that the old foundations are by gods providence so broken , that in the eye of reason , they cannot be restored but upon the ruines of the people of these naons , that have engaged for their rights , in defence of the parliament , and the great and main ends of the covenant , for uniting and making the lords name one in the three nations : and also the liberty of the peoples representatives in parliament will be certainly lost ; for if the people find , that after so long and bloody a war against the king for breaking in upon their liberties , yet at last he must be taken in again , it will be out of question , and is most manifest , he may for the future govern by his will , dispose of parliaments and parliament men as he pleaseth , and yet the people will never more rise for their assistance . and as to the interests of this famous city ( which hath been in all ages the bulwork of parliaments , and unto whom i am for their great affection so deeply engaged ) certainly it must lie in a common-wealth ; that government onely , being capable to make them ( through the lords blessing ) the metropolis and bank of trade for all christendom , whereunto god and nature hath fitted them above all others . and as to a government in the church , the want whereof hath been no small cause of these nations distractions ; it is most manifest , that if it be monarchicall in the state , the church must follow , and prelacy must be brought in , which these nations i know cannot bear , and against which they have so solemnly sworn . and indeed moderate not rigid presbyterian government , with a sufficient liberty for consciences truly tender , appears at present to be the most indifferent and acceptable way to the churches settlement . the main thing that seems to lye in the way , is the interest of the lords , even of those lords who have shewed themselves noble indeed , by joining with the people ; and in defence of those just rights , have adventured their dearest bloud and large estates . to that i shall only say , that though the state of these nations be such , as cannot bear their sitting in a distinct house ; yet certainly , the wisdom of parliament will finde out such hereditary marks of honour for them , as may make them more noble in after ages . gentlemen , upon the whole matter , the best result that i can make at present for the peace of these nations , will be in my opinion , that you forthwith go to sit together in parliament : in order , . to the setling the conduct of the armies of the three nations in that manner , as they may be serviceable to the peace and safety of them , and not to its own and the nations ruine , by faction and division . . to the providing sufficient maintenance for them ; that is , for the forces by land , and for the navie by sea , and all their arrears of both , and other contingencies of the government . . to the appointing a council of state with authoritie , to settle the civil government and judicatories in scotland and ireland , and to take care , for the issuing of writs , for the summoning a parliament of these nations united , to meet at westminster the day of april next , with such qualifications as may secure secure the publick cause we are all engaged in , and according to such distributions , as were used in the year . which parliament so called , may meet and act in freedom , for the more full establishing of this common-wealth , without a king , single person , or house of lords . . to a legal dissolution of this parliament to make way for succession of parliaments . and in order to these good ends , the guards will not only willingly admit you , but faithfully both my self , and every the officers under my command , and ( i believe ) the officers and souldiers of the three nations will spend their blood for you and successive parliaments . if your conjunction be directed to this end , you may part honourably , having made a fair step to the settlement of these nations , by making a way for successive parliaments . but i must needs say , that if any different councels should be taken ( which i have no reason to fear ; ) these nations would presently be thrown back into force and violence , and all hopes of this much desired establishment buried in disorder , which the lord in his great mercy i hope will prevent . and so god speed you well together , and unite your hearts for the preservation of peace and settlement of these nations to his own glory and yours and all our comforts . finis . the dissenter's sayings, in requital for l'estrange's sayings published in their own words for the information of the people / by roger l'estrange. l'estrange, roger, sir, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing l estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the dissenter's sayings, in requital for l'estrange's sayings published in their own words for the information of the people / by roger l'estrange. l'estrange, roger, sir, - . [ ], p. printed for henry brome ..., london : . reproduction of original in huntington library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng dissenters, religious -- england. great britain -- politics and government -- - . - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - andrew kuster sampled and proofread - andrew kuster text and markup reviewed and edited - pfs batch review (qc) and xml conversion the dissenter's sayings , in requital for l'estrange's sayings . published in their own words , for the information of the people . by roger l'estrange . london , printed for henry brome , at the gun , in st. paul's-church-iard , . to the reader . among the curiosities of this latter age , the invention of transmitting unto after-times the apothegms , and sayings of men famous in their generations , with a [ he being dead yet speaketh ] for the motto ; is , in my opinion , not the least considerable . this is the sweet oyntment that has perfum'd the memory of the late kings judges , the sufferers of the kirk militant , and the whole band of covenanted martyrs , that have finished their testimony , on the wrong side of the pale . what a comfort is it for a man , in the contemplation of his future state , to say with the reverend mr. baxter , ( saints everlasting rest , pag. . ) then shall ye be with pym , and white , &c. your names shall be chanted with their names , your sayings recorded with their sayings , &c. this din may do well enough when a man's bones are laid , and his head past aking : but to see my self embalm'd before my time , and serenaded , with mr. roger l' estrange's sayings , with brief notes to prevent mis-apprehensions , &c. it looks methinks like the inviting a man to his own funeral : and in few words , i was not so very hasty , but i could have waited , till the complement might have come on in due season . this is precisely the seven and thirty'th civility of this kind , that i have received , within less than two months , from the true protestant dissenters : which truly i look upon but as so many empty casks thrown out to divert me from sinking the rotten barque they are engag'd in . these learned pieces , i know very well , are compos'd , and publish'd at the charge , and for the service of our ignatian society : so that i cannot pitch upon a more suitable way of acknowledgment , than to oppose sayings to sayings ; the dissenters sayings to l'estrange's sayings , fairly and impartially reported ; and in such manner digested , and dispos'd , that the reader shall find every article of the subject in question , unanswerably refuted by their own lips and pens : conscience fighting against conscience , text against text , practice against pretense ; and the whole meddling party , from one end of the controversy to the other , laying violent hands upon themselves . so that there shall need no other plea for the government , than the very arguments of those that contend so eagerly against it ; every party still as it was uppermost , serving it self of the same scriptures , and weapons , against the opposition of the under-schismaticks , which the lawful magistrate does employ for his own support against the whole body of the schism . in this extract , or collection , the reader may phansy himself to be gotten into the phanaticks tyring-room ; where he sees all their dresses , and disguises ; their shifts of masques , and habits ; their change of scenes ; their artificial thunders , and false fires : nay , the very buggs , and devils , that they fright fools and children with , at a distance , to be no more , near hand , than paint , and canvass . you have here laid open to you , the mystery of the work ; to the very springs , and wheels , that make the motion play ; their deeds of darkness brought to light , their very souls expos'd ; their pleas and consciences still varying with their fortunes . or , in one word , you have here the dissenters picture to the life , of their own drawing . upon that fruitless conference at the savoy , where his majesty did all that was possible for him to do , to gratify the importunities of an ungrateful , and insatiable party , without laying the church , and the crown at their feet : ( and the treaty brake off ( in effect ) because the king would not part with the rest ) what did they do ; but , instead of submitting to some accommodable alterations in the service-book , ( as was propounded ) wholly abolish the liturgy of the church , and publish a directory of their own ; with miserable complaints , and appeals to the people , that they could not prevail , so much as to be heard . how much are they beholden to me then , for bringing them to the fairest hearing here that ever men had ; for they shall have their own choyce , ( the multitude ) for their judges , and they themselves shall be allow'd to be their own advocates . and , in truth , there will need no more ; when every man of them is both plaintiff , and defendent within himself , and his own right hand a witness against his left. post-script . just as i was hurrying away this sheet to the press , out comes the protestant mercury , ( if he had called it the protestant cheat , or cuckold , a body might have guess'd at the authors of it , by their names . ) on april . ( say they ) mr. l'estrange thought fit to take the sacrament , at his parish-church ; ( st. giles in the fields ) and was observed to whisper the minister some time before he did receive . but he would do well in his next pamphlet , to tell those that still suspect him ; how oft , and where , and when , he came to that holy table , in sixteen years time before the discovery of the popish plot ; and before he was publickly question'd for being a papist . it is true that i received the blessed sacrament , as above ; and whisper'd also to the minister ; ( the learned , and reverend dr. sharp ) and the very words i whispered were these . [ so let god deal with me , as i am clear , not only of popery , but of all the things that have been sworn against me , that look towards it . ] now , for the further satisfaction of knaves , and fools , ( for no other , that know me , and my circumstances , can pretend to suspect me ) let them ask mr. gatford , minister of st. dionis backchurch , & a worthy divine , if i have not several times received the holy sacraments from his hand , and in my parish-church too ; long , and late before the discovery of the popish plot. to say nothing of hundreds of other witnesses that i could produce in my justification , if the triple league of mercenary libellers were worthy of it . authorities cited in this work . bastwick , burton . jenkins , junius brutus . baxter , buchaman . case , mene tekel . knox , burroughs . marshall , poor mans's cup. strickland , jus populi . calamy , goodwyn . bond , brooks . manton , saltmarsh . love , del. herle , nonsuch charles . cartwright , fenner . caryl , faircloth . owen , gilby . goodman , cockaine . bridges , simpson . ward , vdal . crosse , newcomen . spurstoe , salwey . martin junior ▪ snape . holms , edwards . young , gillespy . evans , robinson . cosens , penry . king , kid. mitchel , guthery . crab , ( a felt-maker . ) hobson , ( a taylor . ) mellish , ( a cobler - ) debman , ( a cooper . ) heath , ( a coller-maker . ) potter , ( a smith . ) durance , ( a wash-ball-man . ) green , ( a felt-maker . ) spencer ( a coach-man . ) rice , ( a tinker . ) field , ( a bodies-maker . ) crew , ( a taylor , ) &c. dissenters sayings , &c. §. . of toleration . ( a ) a toleration is against the nature of reformation ; a reformation and a toleration are diametrically opposite . the apologists in petitioning for a toleration , have not only broken the covenant themselves , but they endeavour by all their wit and art to bring the parliament and kingdom into so great a guilt as the breach of this solemn covenant . edwards antapalogia , pag. . a toleration of men in their errours , this pretended liberty of conscience , is against the judgement of the greatest lights in the church , both ancient and modern , pag. . ( b ) doth it indeed belong to you only to look to the civil peace , and to let religion , and truth , and the worship of god stand or fall , to their own master ? fight god , fight devil ; fight christ , fight anti-christ ; catch that catch can ; you have nothing to do but to stand by , and look on . say so then ; speak , out , publish it in your declarations to the world , and let the people of england know , that it is the right and liberty to which the subjects of england are born ; that every man hold what he please , and publish and preach what he holds : that it is the birth-right ( as some would have it ) of the free-born-people of england , every man to worship god according to his own conscience ; and to be of what religion his own conscience shall dictate : do so , and see ( fathers and brethren ) how long your civil peace will secure you , when religion is destroy'd ; how long it will be ere your civil peace be turned into civil war ! for no doubt , if this be once granted them , but they may in good time come to know also , ( there be them that are instructing them even in these principles too ) that it is their birth-right to be freed from the power of parliaments , and from the power of kings ; and to take up arms against both , when they shall not vote and act according to their humours . liberty of conscience falsly so call'd may in good time emprove it self into liberty of estates , and liberty of houses , and liberty of wives ; and in a word , liberty of perdition , of souls , and bodies . i hold it a truer point in divinity , that errans conscientia liganda , then ligat ; but certainly the devil in the conscience may be , nay , must be bound . lightfoot serm. to com. aug. . . pag. . ye servants of christ , take heed of yielding to the pretenses of conscience ; the devil , not christ , has his throne there . hugh's serm. to the com. may . . pag. . ( c ) what ? when we have so much appear'd against popery and superstition , shall we now begin to think of indifferency and toleration ? certainly it is but a sorry exchange of a bad religion for none . horton serm. to the lords , dec. . . pa. . ( d ) would these men that so highly defend toleration , grant that toleration ( if they had power in their hands ) to others , which they desire for themselves ? i doubt it . the arrians did sometimes seem as earnest enemies to persecution , as these men ; yet when they had authority on their side , they raised a persecution against the orthodox , more terrible then the heathen emperours against the christians . cranfords serm. before the lord mayor , feb. . . pa. . ( e ) o let the ministers therefore oppose toleration ( as being that by which the devil would at once lay a foundation of his kingdom to all generations ) witnesse against it in all places ; possesse the magistrate of the evil of it ; yea , and the people too ; shewing them how , if a toleration were granted , they should never have peace in their families more ; or ever after , have command of wives , children , servants , &c. let 's therefore fill all presses , cause all pulpits to ring , and so possess parliament , city , and the whole kingdom against the sects , and of the evil of schism and toleration ; that we may no more hear of a toleration , nor of separated churches , being hateful names in the church of god. amen , amen , ibid. edwards gangraena , part. . pag. . ( f ) we are bold to hint unto you these ensuing reasons against the toleration of independency in this church . first , no such toleration hath hitherto been established ( so far as we know ) in any christian state , by the civil magistrate . secondly , because some of them have solemnly profess'd , that they cannot suffer presbytery : and answerable hereunto is their practice in those places where independency prevails . ( g ) thirdly , to grant to them , and not to other sectaries , who are free-born as well as they , and have done as good service as they to the publique ( as they use to pleade ) will be counted injustice , and great partiality : but to grant it unto all , will scarce be cleared from great impiety . ( h ) fourthly , independency is a schism , &c. now we judge , that no schism is to be tolerated in the church . cor. . . cor. . . rom. . . with cor. . . gal. . . presbyt . minist . letter from sion college , to the assembly of divines , dec. . . ( i ) many mischiefs will inevitably follow upon this toleration , and that both to church and common-wealth . first , to the church : as . causlesse and unjust revolts from our ministry , and congregations . . our peoples mindes will be troubled , and in danger to be subverted , as acts . . . bitter heart-burning among brethren will be fomented and perpetuated to posterity . . the godly , painful , orthodox ministers will be discouraged , and despised . . the life and power of godliness will be eaten out by frivolous disputes , and vain janglings . . the whole course of religion in private families will be interrupted and undermined . . reciprocal duties between persons of nearest and dearest relation will be extremely violated . . all other sects and heresies in the kingdom will be encourag'd to endeavour the like toleration , and shelter themselves under the wings of independency . . and the whole church of england , in short time , will be swallow'd up with destruction and confusion . ( k ) secondly , to the common-wealth ; for it is much to be doubted lest the power of the magistrate should not only be weaken'd , but even utterly overthrown , considering the principles and practises of independents , together with their compliance with other sectaries sufficiently known to be anti-magistratical , ibid. ( l ) it would lay the foundation of strife and division in the kingdom , to have two ways of church-government . epistolary discourse , p. . printed by order , . the cities humble remonstrance and petition of may . . presses to have some speedy course taken for the suppressing of all private and separated congregations . notes upon §. . a toleration ( a ) is a breach of covenant ; and against the judgment of the church . ( b ) destructive of government , and ( c ) religion . ( d ) they that ask it will never grant it . ( e ) the devils engine to confound states , families , and souls . separated churches are not to be endured , ( f ) without president ; and ( g ) never to be pleas'd : ( h ) intolerable ; ( i ) ruinous both to church and ( k ) common-wealth ; and ( l ) the very bone of contention . so that to desire a toleration , is to ask a thing which it were impious to allow , and which they have sworn to hinder , all they can : a thing that sets up the kingdom of hell ; without either president , or profit : to the certain ruine both of church and state : and this , by their own confession , and avow'd by their own authority . this , as to the thing it self : we shall now see it in the effects . §. . the fruits of a toleration . ( a ) this is that diabolical liberty ( says beza . confess . fid. eccl. l. . de sect . . ) which hath filled polonia , and transilvania with so many plagues of opinions . reader , that thou mayst discern the mischief of ecclesiastical anarchy , the monstrousness of the much-affected toleration , and be warned to be wise to sobriety , and fear , and suspect the pretended new lights ; i approve that this treatise , discovering the gangrene of so many strange opinions , should be imprinted . james cranfords license to the first part of edward's gangrena . ( b ) you have , most noble senators , done worthily against papists , prelates and scandalous ministers ; in casting down images , altars , crucifixes ; throwing out ceremonies , &c. but what have you done against other kindes of growing evils ; heresie , schism , disorder ; against seekers , anabaptists , antinomians , brownists , libertines , and other sects ? you have destroy'd baal and his priests ; but have you been zealous against golden calves , and the priests of the lowest of the people ? — you have put down the book of common-prayer , and there are many among us that put down the scriptures ; slighting , yea , blaspheming them . you have broken down images of the trinity ; christ ; virgin mary , apostles ; and we have those who overthrow the doctrine of the trinity : oppose the divinity of christ , speak evil of the virgin mary , slight the apostles . you have cast out the bishops , and their officers ; and we have many that cast down to the ground all ministers in all the reformed churches . you have cast out ceremonies in the sacraments , as the crosse , kneeling at the lords supper ; and we have many cast out the sacraments , baptisme and the lords supper . — the sects have been growing upon us ever since the first year of your sitting , and have every year encreased more and more ; things have been bad a great while , but this last year they are grown intolerable . and if schism , heresie &c. be let alone , and rise proportionably for one year longer , we shall need no cavaliers , nor enemies , from without , to destroy us . ib. epist. ded. to the lords and commons . ( c ) the independent churches , like africa , do breed and bring forth the monsters of anabaptism , antinomianism , familism , nay that huge monster , and old flying serpent of the mortality of the soul , antapologia . p. . ( d ) as john baptist wore a leathern girdle , so the doctrine that he preach'd was leathern doctrine . saltmarsh's serm. at the bath . ( e ) the saints are those that are now stiled anabaptists , familists antinonians , independents , sectaries , &c. — the first party that rose against you , namely the prophane ones of the land , are fallen under you ; and now there is another party , formalists , and carnal gospellers rising up against you , &c. del's serm. to the general and officers june . . ( f ) shall the presbyterians , orthodox , godly ministers be so cold , as to let anabaptism , brownism , antinomianism , libertinism , independency , come in upon us , and sleep in a whole skin ? gangren . par. . . ( g ) when cartwright , hildersham , travers , and many other gracious divines , by the blessing of god upon their great diligence , had undermined and well near overthrown the episcopal sees , and all the cathedral ceremonies ; incontinent the generation of the separatists did start up &c. [ bayly's disswasive pag. . ] ( h ) the famous city of london is become an amsterdam ; separation from our churches is countenanc'd ; toleration is cry'd up ; authority lyeth asleep , &c. calamy's serm. to the lord mayor , jan. . . pag. . divisions , whether they be ecclesiastical or political , in kingdoms , cityes or familyes are infallible causes of ruine to kingdoms , cities and families . serm. to the lords , dec. . . ( i ) diversity of religion , disjoynts and distracts the minds of men , and is the seminary of perpetual hatreds , jealousies , seditions , wars , if any thing in the world be ; and in a little time , either a schism in the state begets a schism in the church , or a schism in the church begets a schism in the state. &c. once for all , it is the preservation and reservation of religion which you have covenanted to endeavour ; and not a liberty of opinion , which will consist with neither . newcomen . serm. to parl. sept. . . ( k ) independents the most pharisaical , proud , envious , and malicious sect that ever sprung up : ( bastwicks independency not gods ordinance ) wild-geese , old-geese , sticklers against parliaments , and presbytery ; fighters against god ; violaters of all the laws of god and nature ; a company of rats among joyn'd-stools ; not worthy to give guts to a bear ; moon-calves , &c. id. postscr . pa. . , , . &c. ( l ) the errours and innovations under which we so much groan'd of latter years , were but tolerabiles ineptiae , tolerable trifles , childrens-play , compar'd with these damnable doctrines , doctrines of devils , as the apostle calls them : polygamy , arbitrary divorce , mortality of the soul , no ministry ; no churches ; no ordinances : no scripture . yea the very divinity of christ , and the holy ghost question'd by some ; denyed by others ; and the very foundation of all these layd in such a schism of boundless liberty of conscience , &c. serm. before the commons , aug. . . pag. . ( m ) the scriptures deny'd to be the word of god — only of human authority — insufficient , and uncertain . edward's gangrena . pag. . — god has a hand in , and is the authour of the sinfulness of his people . p. . — the soul dies with the body . — in the unity of god there is not a trinity of persons . — nor three distinct persons in the divine essence ; but only three offices . pag. . — that christs human nature is de●led with original sin. — that no man shall perish or go to hell , for any sin but unbelief only . pag. . — that men may be saved without christ. — that there is no original sin in us ; only adams first sin was original sin. pag. . — that the doctrine of repentance is a soul-destroying doctrine . pag. . &c. ( n ) a minister in hertfordshire bringing a place of scripture against an anabaptist which he could not answer ; said , it was the weakness of the apostle , and there he wanted the spirit , pag. . part. . — some of the sectaryes plead miracles , revelations , visions , as christs appearing to an anabaptist , and forbidding her to baptize her child , pag. . and their dressing up a cat , like a childe , ibid. ( o ) one cozens of rochester in kent , sayd , that jesus christ was a bastard ; and that if he were upon the earth again , he would be asham'd of many things he then did . ibid. pag. . oh lord ! thine honour is now at stake ; for now , o lord , antichrist hath drawn his sword against thy christ ; and if our enemies prevail , thou wilt lose thine honour . strickland at southampton , jun. . . if thou dost not finish the good work which thou hast begun , in the reformation of the church , thou wilt shew thy self to be the god of confusion : and such a one , as by cunning stratagem hast contrived the destruction of thine own children . [ crosse at st. mildreds in the counter , july . ] o god , o god! many are the hands lift up against us ; but there is one god : it is thou thy self , o father , who doest us more mischief then them all . [ robinson at southhampt . aug. . ] o lord ! when wilt thou take a chair , and sit amongst the house of peers ? when , o god ; when ( i say ) wilt thou vote amongst the honourable commons ? thine own commons , who are so zealous for thine honour ? [ evans of st. clemens . ] i say , this is gods cause ; and if our god hath any cause , this is it. and if this be not gods cause , then god is no god for me ; but the devil is got up into heaven . [ bond , at the savoy . ] as i am a faithfull sinner , neighbours , this is my mornings draught . here 's to you all . [ isaack massy at vppingham in rutl. giving the communion on easter-day , . drinking off the whole cup. ] see a short view of the late troubles in england , chap . painfull and laborious preachers . ( p ) samuel fulcher an egg-man re-baptiz'd by crabb a felt-maker : gangrene part. . pag. . ( q ) paul hobson a preaching-taylor : gangrene part. . p. . green the felt-maker . pag. . part . spencer a coachman . . potter a smith , pag. . john durance a washbal-maker , ibid. andrew debman an anabaptist-cooper . pag. . ( all preachers : ) and four famous preachers more in hertfordshire , viz. heath the coller-maker of watton , rice the tinker of aston , field the bodyes-maker of hertford . crew the taylor of stevenage . a shoo-maker-preacher , &c. part. . p. . notes upon §. . toleration was ( a ) the destruction of poland , and transilvania : ( b. c. d. e. f. g. h. i. k. l. m. ) and the mother and nurse of all heresies ( n ) and ( o &c. ) prophanenesse , blasphemy , and imposture . ( p.q. ) introducing mechaniques into the work of the ministry . take ( in one word now ) the steps of the whole proceeding . the first effort upon the government was made in the name of the dissenters in general ; for liberty of conscience . so soon as the presbyterians had gotten the power into their hands , they presently set up for an uniformity : opposing a toleration , with all their might ( as in the first section ) foreseeing , and predicting the monstrous opinions and confusions which it would infallibly produce . they shew us in the second section ( upon experiment ) that they were true prophets ; and that all the evils they foretold us , came accordingly to passe : so that ( in short ) under pretence of tender consciences they dissolved the established government ; and by the help of that pretext got themselves into the saddle . no sooner was the presbyterian mounted , but he , without any more to do , bent all his force immediately to the erecting of an inexorable and rigorous uniformity : wisely considering , that the same trick that they had put upon episcopacy , would most infallibly ( if not prevented ) be the ruine of the presbytery too ; or of any government upon the face of the earth . now take notice , good people , that in asking a toleration , they ask what they judge unsafe , and unlawful to allow . they ask , what they know , and declare , will be our undoing : with what equity , reason , conscience or designe , be you the judges . §. . the dissenters harmony among themselves . pres. the sectaries agree with julian the apostate , [ gangr . p. . ] the sectaries are libertines and atheists , [ p. . ] vnclean , incestuous , [ pa. . ] drunkards , [ p. . ] sabbath-breakers , deceivers , [ pa. . ] guilty of gross lying , slandering , juggling , falsifying their words and promises ; guilty of excessive pride and bousting , [ pa. . of insufferable insolences , horrible affronts to authority ; and of strange outrages , [ pa. . ] there never was a more hypocritical , false , dissembling generation in england , then many of the grandees of our sectaries . they encourage , protect , and cry up for saints , sons of belial , and the vilest of men . [ p. . gang. . pa. . ] ind. presbytery is babylon , aegypt , a limb of antichrist , a tyrannical lordly government ; a worse bondage then that under the bishops [ martin eccho ] [ and burtons conformity deformity ] worse then either aegypt , or babylon . the spirit ( . ) of that ten-horned beast is now making war with the lamb — whose word is reformation , and this under a fair colour of a covenant , &c. the mystery of iniquity , the mother of all mischief , the cause of all our present calamities , &c. epist. ded. to the lord-mayor of london . pre. the northamptonshire addressers to richard cromwell desire he would shew tendernesse toward the name of god , against the bold blasphemers of his magistracy , defamers of his sacred ordinances , seducers from truth , corrupters of his worship ; and then , that he would exercise just severity against despisers of dignityes , and revilers of authority ; whose vnhallow'd tongues set on fire from hell , spare not to flash out their insolent reproaches , and impious execrations against his fathers sepulcher , and his own throne . ind. the lord liveth , who hath brought us from the romish papacy , which is spiritually , aegypt , by a mighty deliverance , and manifold preservations &c. out of the scotch tyranny , and scotch presbytery , which came like a tempest from the north , &c. from this bloudy design of the aegyptian papacy ; from the black plots , and bloudy powers of the northern presbytery . sterry serm. before the parliament . nov. . . pag. . pr. o how like is john lilburn to john a leyden ; as if he had been spit out of his mouth ! dell to tho. muncer . — o how like are our sectaryes to the old anabaptists in germany ! gangraen . part. . pag. . ind. the covenant's impossible to be kept , and the makers of it have run into wilfull perjury . this makebate , persecuting , soul-destroying , england-dividing , and vndoing covenant . [ lillburns england's birth-right ] — to violate an abominable and accursed oath out of conscience unto god ; ( says i. goodwyn cautions p. . speaking of the covenant ) is a holy , and a blessed perjury . pr. a putredinous vermin of bold schismaticks and frantick sectaryes , &c. forsaking our assemblyes as babylonish , antichristian . burgesse serm. to the commons . nov. . . pag. . ind. the three-formed presbytery consisting of three kinds , pastors , teachers , and elders , is not gods ordinance ; but antichristian . smiths differences , pag. . pr. these detestable sectaryes ! the plague of heresies among us ; and we have no power to keep the sick from the whole . the wolves that were wont to ly in the woods are come into our sheep-folds , and roar in the holy congregations . paget's heresiography , p. . printed . ind. the assembly is antichristian , romish , bloudy , the plagues and pests of the kingdom , baals priests , diviners , southsayers , with two horns like a lamb , but a mouth like a dragon . [ gangraena . part pag. . ] — insatiable hirelings , gehazi's cheaters , pulpited divines , distributers of sundays doles , simonious , decimating clergy , common incendiaryes . [ lond. minist . seas . exhort . p. . . ] pres. since the suspension of our church-government every one that listeth turneth preacher . as shoomakers , coblers , button-makers , hostlers , &c. [ paget heres . epist. ded. ] ind. the national covenant is a double fac'd covenant , the greatest makebate , and snare that ever the devil , and the clergy his agents , cast in amongst honest men in england , in our age. [ londons liberty in chains . p. . pr. was there ever in our times , a generation of greater self-seekers , boasters , proud blasphemers , covenant-breakers , vnthankfull , make-bates , heady , despisers of those who are good , mockers and scoffers , walking after their own ungodly lusts , despisers of dominions , and speakers evil of dignityes , having a form of godlynesse , but denying the power thereof , ( and so in the rest ) then our sectaryes ? gangrena . part. . . ind. the seed of god in this nation has had two capital enemies , the romish papacy , and the scottish presbytery . [ sterry's england's deliverance , pag. . ] the black-bird divines , the assembly swinherds [ a ballad called , the prophesie of the swinherds destruction , to the tune of the merry soldier , or , the jovial tinker . notes upon §. . those consciencious and well-meaning people that measure other mens hearts by their own , and are consequently the more liable to be impos'd upon , under forms and pretensions of zeal , and religion : those people ( i say ) should do well to consult the reasons of things , as well as their appearances ; which in many doubtfull and dangerous cases , would either guide them to a right resolution , or to the avoidance of an inconvenience , upon judgement , and consideration . the uniting of protestant dissenters has a face of great piety , and goodnesse ; and it is undoubtedly p●r●i●eted by many godly people , out of a very charitable , and christian intention . and whether it be safe , expedient , practicable , or not ; the very inclination to the doing of the thing , is a virtue . but a man would be think himself yet , in common prudence ; first , what the parties are that pretend to this union : secondly , their temper : and thirdly , whether it be possible to unite them , or not. if these be reasonable enquiries , nothing can be fairer then to resolve them out of their own mouths . . the two predominant parties ( you see ) are presbyterians and independents ; all the other sects , being only independency in fractions . . observe their temper , and try if you can reconcile their revisings , with their scruples ; their implacable aversion , one to the other , with their conjunct importunities for indulgence to both. . how is it possible to unite those people under a bond of conscience , that upon the very score of conscience declare themselves to be mortal , and inconciliable enemies . §. . the dissenters behaviour toward the government , and first , the clergy . archbishops and bishops , are unlawful , unnatural , false , and bastardly governours of the church , and the ordinances of the devil , petty popes , petty anti-christs ; like incarnate devils , cogging couzening knaves ; they will lye like dogs . proud , popish , presumptuous , prophane , paultry , pestilent , pernicious prelates and ursurpers ; impudent shameless , wain scor-fac'd ; butchers , horse-leeches , robbers , wolves , simoniacks , persecutors , sowers of sedition ; their antichristian courts are the synagogue of satan . the beelzebub of canterbury , the canterbury caiaphas , esau , a monstrous antichristian pope , &c. most of the ministers are popish priests , monks , fryars , alehouse-haunters , drunkards & dolts , hogs , dogs , wolves , foxes , simoniachs , usurers , proctors of antichrists inventions ; popish chapmen , halting neutrals , desperate and forlorn athiests ; a cursed , uncircumcised , and murthering generation ; a troop of bloudy soul-murtherers , and sacrilegious church robbers . antichrists rags shall make him a priest , be he never such a dolt , or a villain . see bancrofts dangerous positions , lib. . cap. . & . with the authorities . the kings clergy were croaking frogs that came out of the mouth of the dragon , out of the mouth of the beast , and the false prophet : the spirits of devils which go forth unto the kings of the earth , to gather them to battle . wilsons serm. to parl. sept. . printed by order . the cathedrals are a nest and cage of all unclean birds , a harbour of dumb dogs , a crew of ale-swilling singing-men , offering daily near the holy table the blinde whelps of an ignorant devotion , &c. — the prelatical hog-sty . bridges . idol , idle shepherds , dumb dogs , that cannot bark ( unless it were at the flock of christ ; ) and so they learned of their masters both to bark and bite too . greedy dogs that could never have enough ; that did tear out the loyns and bowels of their own people for gain . swearing , drunken , unclean priests , that taught nothing but rebellion in israel , and caused people to abhor the sacrifice of the lord : arminian , popish , idolatrius , vile wretches ; such , as had job been alive , he would not have set with the dogs of his flock who i say brought in these ? did not prolacy ? a generation of men they were that never had a vote for jesus christ. yea , what hath poyson'd and adulterated religion in all these branches ; and hath let in popery , and prophaneness upon the kingdom like a floud , for the raising of their own pomp and greatness , but prelacy ? look into their families , and they were for the most part the vilese in the diocese ; a very nest of vnclean birds . in their courts and consistories , you would have thought you had been in caiaphas-hall , where no other trade was driven , but the crucifying of christ in his members . cases serm. at milk-street , sept. . . pag. , , . how the presence of the preaching of christ did soorch and blast th●se cathedral priests , that unhallow'd generation of scribes and pharisees ; and perfected their rebellion into that unpardonable sin against the holy ghost . [ case on ezra . , . p. . the plastering or palliating of these rotten members [ bishops ] will be a greater dishonour to the nation and church , then their cutting off ; and the personal acts of these sons of belial , being conniv'd at , become national sins . [ smectymnuus red. . p. . these ecclesiastical officers , ceremonies , and discipline , are set up by the pope , and are an appendix or tayl of antichrist . [ dr. holms serm. . . p. . ] this prelacy in the article ; this many-headed monster of arch-bishops , bishops , chancellors , commissaries , deans , deans and chapters , arch-deacons and all other ecclesiastical officers depending on that hierarchy ; this is the beast wherewith we fight in this covenant , — thy mother papacy shall be made childeless among harlots , your diocesses bishopless , and your sees lordless , and your places shall know you no more , case ubi supra . pa. . . prelacy ( that whelp ) hath learned this policy of its mother papacy ( that lioness ) &c. ibid. p. . we lack a right government of the church ; instead of the ordinance of god in the government of his church , the merchandize of shameless babylon is maintain'd . the government now used by archbishops , bishops , &c. is both antichristian and devilish . rome is come home to her gates ; antichrist reigneth amongst us . the established government of the church is traiterous against the majesty of jesus christ. it confirmeth the popes supremacy ; it is accursed ; it is an unlawful , a false , a bastardly government . they must needs be not only traitors to god and his word , but also enemies unto her majesty and the land , that defend the establish'd government of the church to be lawful . [ dangerous pos. lib. . cap. . see the references . christ's religion is fondly patcht with the popes ; the communion-book is an imperfect book , cull'd and pick'd out of that popish dunghil the portuyse and mass-book . the sacraments are wickedly mangled and profan'd . they eat not the lords supper , but play a pageant of their own , to blind the people . their pomps , rites , laws and traditions , are antichristian , carnal , beggarly , popish fooleries ; romish reliques , and rags of antichrist , dregs and remnants of transform'd popery . pharisaical outward faces and vizzards , remnants of romish antichrist , known liveries of antichrist ; a cursed leaven of a cursed , blasphemous priesthood ; cursed patches of popery and idolatry ; they are worse then lousy , &c. [ dan. pos. l. . cap. . ] the dagon of the bishops service-book brake its neck before this ark of the covenant , [ ibid. p. . ] notes on § . let the reader lay his hand upin his heart here , and ask himself . is this pretended tenderness of christianity the stile of the gospel , or no ? is it the language of the disciples of jesus christ ? can these people really have an evangelical compassion for their brethren , and at the same time fly thus in the face of dignities , and treat their superiors at this outrageous rate ? have we so learn'd christ , as to make scurrility and railing the badge of our profession ? they would be thought to supplicate all this while for gentleness and compassion : and is this the way to obtain it , by a practice , that is almost sufficient to turn mercy it self into indignation ? but alas ! their business is not to procure favour from the government , but to expose it to reproach . and all this clutter about the clergy is only to render them odious and contemptible to the people . pray'e take notice once again . the stress of their charge upon the church is only to move the multitude against it , as a frame of constitution that is antichristian and popish : and yet , pray mark it , they do in the same breath ; offer proposals of being vnited into that ecclesiastical popish state ; which brings the matter unavoidably to this issue ; either that they do , against their consciences , cast that scandal upon the church for the advancement of some other designe ; or else , by desiring this vnion , they do acknowledge themselves willing to be incorporate into a popish constitution . but this bustle about the church , you shall fee , has a furthlr prospect : for these people have the faculty of handling religious matters , in order to political as well as of hooking in temporal matters , in order to spirituals . §. . the dissenters behaviour towards the civil government . ( a ) the king , the nobles , and the prelates , are sure the murtherers of christ — o people , i will be silent ! speak people , and tell me what good the king has done since his home coming . [ m. welsh at sanchil in carrit at a conventicle . ] and at another conventicle , thus . i am confident , that god will yet assert the cause of pentland-hills , in spite of the curates , and their masters , the prelates ; and in spite of the prelates , and their master the king ; and in spite of the king , and his master the devil . [ ravillac redivivus , pa. . ( b ) her majesty and state do maim and deform the body of christ , and so bid god to battel against them , &c. by the same authority that the queen appoints the apparel noe appointed to the ministers , she may command any piece of popery , so she name it policy , &c. — the servants of god are persecuted under her — that excommunication should not be exercis'd against princes , i utterly dislike . [ danger . pos. l. . c. . cartwrights reply , par. . ( c ) the state sheweth it self not upright , alledge the parliament what it will — it shall be easier for sodom and gomorrah in the day of judgment , then for such a court. — there shall not be a man of their seed that shall prosper , be a parliament-man , or bear rule in england any more — none ever defended this hierarchy of bishops to be lawful , but papists , and such as were infected with popish errors — all the newgates and oldgates , yea , and all the tyburns in england are too little for such rash and presumptuous heads , that will not give god leave to rule , but will take the sceptre out of his hands . — i do fear that many of the forwardest enemies of reformation are not the backwardest friends that the king of spain has in england at this day . [ dan. pos. l. . c . ] ( d ) as long as you maintain these cursed acts of the tyranny of bishops , &c. you are a persecutor . [ dan. pos. l . cap. . ] ( e ) the magistracy and ministry walk hand in hand , in the contempt of true religion — the laws maintaining the archbishops are no more to be accounted of then the laws maintaining the stews — impiety is suffer'd to bear sway against the majesty of god , and that by law and authority . — as great indignities offer'd to jesus christ in committing his church unto the government of the common law , as can be by mean hirelings unto a king. [ ibid. l. . cap. . ] come hither , ye malignant athiests , come hither ; gnash your teeth , and let their eyes rot in their holes . [ bond to the commons , oct. . pa. . ( f ) the kings of the earth have given their power to antichrist : how have they earn'd their titles ; eldest son of the church ; the catholique , and most christian king ; defender of the faith — do not the kings of all these nations stand up in the room of their progenitors , with the same implacable enmity to the power of the gospel ? [ dr. owen fast serm. apr. . . pa. . there was corruption both in church and common-wealth . idols were set up in dan and bethel , i.e. in the places of judgment , and in the house of god , [ burroughs on isa. . v. . pa. . the greatest blow that ever was given to antichristian government , is that which now it hath had . babylon is so fallen , as it shall never rise again . [ burroughs on isa. . . pa. . g. o worm ! darst thou be so impudent to put thy self in gods stead ; to meddle with mens consciences , and lord it in religious concerns ? [ gods loud call , pag. . . ] h. what hope that the reformed religion will be protected and maintained by the son , which was so irreligiously betray'd by the father ? [ plain english , . pag. . ] i. c. s. the son of that murtherer , is proclaimed king of england ; whose throne of iniquity is built on the blood of pretious saints and martyrs . [ door of hope , pag. . . ] — the murtherers of our saviour were less guilty than that prince . [ case of king charles , . ] k. let justice and reason blush , and traytors and murtherers , parricides and patricides , put on white garments , and rejoyce as innocent ones , if this man ( the late king ) should escape the hands of justice and punishment . [ english translation of the scottish declaration , pag. . . ] l. charles the second , the son of a bloody father ; heir to an entail'd curse , more certain than to his kingdom ; train'd up in blood ; and one that never suck'd in any other principles but prerogative , and tyranny . [ ibid. pag. . ] m. charles the first rather chose to submit to the justice of an ax in a hangman's hand , than to sway a scepter with equity . [ none-such charles , pag. . ] notes on sect. . you have here ( a ) the strain and spirit of a true covenanting-brother . and they all sing the same note : for they do not only abjure the government , but they abjure repentance too ; swearing never to make defection to the contrary part ; but all the days of their lives , zealously and constantly continue therein against all opposition ; and promote the same accordingly to their power , against all lets and impediments whatsoever . in ( b ) you find the petitioner for indulgence excommunicating his sovereign . the paraphrase of ( c ) is according to the stile of this age , only crying , no tory , no courtier , at an election ; the branding of honest men with being popishly affected ; and he that will not run riot with the rabble is made a pensioner of france . [ d. and e. ] complaining of persecution . in ( f. ) you see what work the doctor makes with the defender of the faith. [ g h. i.k.l. ] are as so many daggers in the heart of sovereignty it self . but it is according to the principles of the true protestants of munster , that still begin with religion , and end with treason . pray say if it be not a thousand pities now , after all these complements upon his sacred majesty , and his blessed father , that these high-flown dissenters should not be taken into the government ? when these people set up for pillars of the church , it were a kind of injustice not to allow the kings judges to put in too for ministers of state. sect. . the presbyterians opinion of the covenant . . be astonished , o heavens ! and tremble , o earth ! let the sun it self be cloath'd in blackness at this so horrid an impiety ! what! abjure such a covenant ? a covenant so solemnly taken ! a covenant , for the matter of it , so religious ! so holy ! &c. — and must this covenant be abjur'd now ? this covenant ! is not god's own word , and god himself too after a sort abjured in that act , whoever are guilty of it ? &c. — the highest of all crimes imaginable , a crime that murthers conscience , that murthers souls , that murthers religion it self ; a crime against the first table ! most immediately against the sovereign god ; and the greatest of that nature that men can be guilty of . [ speeches of the three regicides , pag. . and . the cause ( says bark stead ) lies in the bosom of christ , and as sure as christ rose , the cause will rise again . [ ibid. pag. . ] i die cleaving to all those oaths , vows , and protestations that were imposed by the two houses of parliament ; as owning them , and dying with my judgment for them . [ love 's tryal , printed aug. . ] the convincing demonstration , that [ there lies no obligation on me , or any other person , from the oath commonly call'd the solemn league and covenant ] is a knot cut by the sword of authority , while it cannot be loosed by religious reason . [ short survey of the grand case , pag. . . ] o the burning of the covenant in england , and the causes of wrath in scotland , shall certainly be follow'd with such a fine , and fierceness of indignation , as shall make authors , actors , abetters , and rejoycers thereat , know what it is to give such an open defiance to the almighty . a covenant burnt ; and burnt by authority ; in the sight of heaven , with such hell-black solemnities , where the great god is altera pars contrabens , for reformation of religion according to his word ; and righteousness in walking before him ; is such a sin , as may make every soul to tremble at the fore-thoughts of what god will do ; for vindicating his glory from that contempt thereby cast upon him . — i wish that the burning of that city into ashes where that covenant was burnt , together with that none-such plague and war , may make them take warning ere it be too late , who did this wickedness . — o england , england ; i fear , i fear thy woe hasteneth ; the wrath of god is upon the wing against thee , both for breach of covenant , and wiping thy mouth as if thou hadst done nothing amiss ! thou hast stood , and seen thy brothers day ; alas , for thy day , when others shall stand aloof from thee , for fear of sharing in thy judgments ! [ poor mans cup , &c. pag. . ] we shall not , nor cannot enter upon the particular declaration of that grace , constancy and courage , by which the lords faithful witnesses were sustein'd , and did bear testimony to the word of his truth , the holy covenant , and the cause and work of god. [ napthali , pag. . ] i bear my witness unto the national covenant of scotland , and solemn league and covenant betwixt the three kingdoms of scotland , england , and ireland . these sacred , solemn , publique oaths of god , i believe , can be loosed nor dispensed with by no person or power upon earth . [ napthali , pag. . ] i bear my witness and testimony to the doctrine , worship , discipline and government of the church of scotland , by kirk-sessions , presbyteries , synods , and general assemblies . popery and prelacy , and all the trumpery of service and ceremonies that wait upon them , i do abhor . i do bear my witness unto the national covenant of scotland , and solemn league and covenant , &c. [ the testimony of james guthrie , minister , at his death at edinbourgh , june . . — and so of every man of the party that dy'd for the rebellion in scotland . notes on sect. . by this covenant was designed the subversion of the government ; and by the force of this covenant it was accomplish'd . they do all of them assert the obligation of it to the very death ; and by virtue of this covenant it is , that they have confederated afresh , in scotland , to murther the king and all that serve under him. now if this be their principle , let any man consider the consequence of admitting any unrenouncing covenanter , by an act of special grace , into the government ; after so full a proof and exposition of the meaning of that covenant ; and so frank a declaration of their resolution to make it good . sect. . dissenters liberty of conscience . the scots did not only resolve to take the covenant themselves , but enjoyn'd it throughout the whole kingdom . sir henry vane's speech at a common hall , octob. . . page . ] — they enjoyned it upon the penalties , that those that should not take it , or should defer it , should be esteem'd enemies to religion , to his majesties honor , and to the good of the two kingdoms ; that they should have all their rents and profits confiscate : that they should brook nor enjoy any office , or benefit in that kingdom ; that they should be cited to the next parliament , to answer the not taking of it ; and to be proceeded with there as enemies to the state , and to religion ; and to receive such farther punishment , as by the king and parliament should be put upon them [ ibid. page . ] — and that particular account shall be taken by the several presbyteryes , of all who shall refuse , or shift to swear , and subscribe ; and that they be proceeded against with the censures of the church , as enemies to the preservation and propagation of religion . [ s. marshall , ib. page . ] we give now publick warning to all neuters , to rest no longer upon their neutrality , but that they address themselves speedily to take the covenant , and joyn with all their power in the defence of this cause against the common enemy , &c. otherwise we do declare them to be publick enemies , to their religion and country ; and that they are to be censur'd and punish'd as professed adversaries , and malignants . [ declaration of england and scotland , jan. . . ] if any person or persons whatsoever shall at any time or times hereafter , use or cause the aforesaid book of common prayer , to be used in any church , chappel , or publick place of worship , or in any private place or family within the kingdom of england , or the dominion of wales , or port and town of berwick ; every such person so offending therein shall , for the first offence , pay the sum of five pounds of lawful english mony. for the second offence ten pounds ; and for the third shall suffer one whole years imprisonment , without bail or mainprize . [ ordinance of parliament , aug. . . for putting the directory in execution . ] resolved upon the question , by the commons assembled in parliament , that all persons that have , or shall come and reside in the parliaments quarters , shall take the national league and covenant , and the negative oath , notwithstanding any articles that have been or shall be made by the souldiery . [ june . . ] what person soever , having taken the solemn league and covenant , shall go into the enemies quarters without drum , trumpet , or pass , shall dye without mercy . [ an article of war. ] notes on sect. . let any man that has but eyes in his head , compare cases now . here 's a rebellious oath of conspiracy , opposed to an authoritative oath of canonical obedience , and allegiance : here 's a pretended scruple of perjury , in breaking a treasonous oath ; and no bones made of the perjurious violation of a legal one : here 's a nullity against an act of state ; and this is not the worst on 't neither . those very men that forced a rebellious oath upon all people without exception , to the utmost extremity of tyranny and rigour , contrary to law ; are now complaining of persecution , under the common rule of a legal provision : declaring at the same time , that they are still determin'd to persue the ends of their aforesaid covenant , which were manifestly the subversion of the government . you see likewise , how unmercifully they dealt with people , in the case of the common prayer : and yet who but these men to mutiny for liberty , in the very point , wherein most injuriously they made all their fellow-subjects , slaves ? sect. . the power of the kirk . ( a. ) the assembly is independent , either from king or parliament , in matters ecclesiastical . ( b. ) it is lawful for subjects to make a covenant , and combination , without the king , and to enter into a bond of mutual defence against the king , and all persons whatsoever . ( c. ) subjects may appeal from the king and council to the next general assembly , and parliament ; and in the mean time , before their appeals are heard and discussed , they may disobey the king and council . ( d. ) an assembly may abrogate acts of parliament ; and discharge subjects of their obedience to them , if they any way reflect on the business of the church . ( e. ) the protestation of subjects against laws establish'd , whether it be made coram judice , or non judice ( before the judges , or the people ) doth voyd all obedience to those laws , and dischargeth the protesters from any obligation to live under them . ( f. ) a number of men , being the greater part of the kingdom , may do anything which they themselves conceive conducing to the glory of god , and the good of the church , notwithstanding any laws standing in force to the contrary . [ kings large declaration , fol. . & deincep . ] ( g. ) the rights and priviledges of parliaments , and the liberties of the kingdom , are the suburbs of the gospel ; and an inheritance bequeathed by god to nations and kingdoms , and under that notion , holy — these be the outworks of religion , the lines of communication ( as i may so say ) for the defence of this city . [ case's covenant renew'd , . p. . ] ( h. ) such a height of opposition to the lords anointed , as never since man was upon the earth was there such a supremacy framed into a law ; whereby name and thing of all kingly power is plainly and explicitly taken from , and extorted out of the hand of our blessed lord jesus christ ; and given unto and setled upon the king : ( o dangerous , and unsetling settlement ! ) now the incommunicable prerogative of him , who is king in sion , and whose right it is to give laws to rule his own church , and house , is alienate and appendent to the imperial crown of the nation ; — the most manifest , unmasked , high , and horrid usurpation of the throne of christ , that ever the world saw — but its impossible he can sit long , who sets himself upon the mediators throne . for the arm of jehovah shall snatch and hurry him thence . be wise now therefore o ye kings , &c. is a necessary caution here . [ poor mans cup , page . ] ( h. ) the presbytery may forbid unjust suits of law , and so doth the scripture , as scandalous to christians — our general assembly is no other then christs court ( acts . ) made up of pastors , doctors , and brethren , or elders — they hold ( i believe with warrant of gods word ) if the king refuse to reform religion , the inferior judges , and godly pastors , and other church officers may reform ; if the king will not kiss the sun , and do his duty , in purging the house of the lord , may not eliah and the people do their duty , and cast out baals priests ? — they may swear , or covenant , without the king , if he refuse , and build the lords house themselves ; [ chron. . . ] and relieve , and defend one another when they are oppressed — they depos'd the queen for her tyranny , but crown'd her son. all this is vindicated in the following treatise . — this assembly is to judge what doctrine is treasonable . — it is true , glasgow assembly ( . ) voted down the high commission , because it was not consented to by the church ; and yet was a church-judicature , which took upon them to judge of the doctrine of ministers , and deprive them , and did encroach upon the establish'd lawful church-judicatures . [ rutherfords preface to lex rex . ] notes on sect. . do these people talk of the lordlyness of prelates ; when his holyness himself never claim'd so much , bare-fac'd , as these papal protestants do both challenge and practice ? and it is not the slavery , but the masters , that we ought to be most asham'd of . nor will the impatient , and imperious humour wait for the season of their power ; but while they are yet in shackles themselves , they are imposing upon their sovereign . and methinks it is very vnequal for men , that give no quarter to loyal subjects , to stand expostulating for privileges to revolters . here 's king and parliament gone at first dash ( a ) a confederacy authoriz'd at next ; ( b ) a papal dispensation from obedience ( c ) the king and three estates swallowed up in the assembly . ( d ) subjects set above the law. ( e ) the sovereignty vested in the multitude . ( f ) parliaments subordinated to the kirk . ( g ) the king himself arraign'd , and judgments denounced against him . ( h ) the judges degraded ; courts of justice silenc'd ; the rabble passing sentence on the supreme magistrate . deposing of princes justify'd ( i. ) this is all plain enough , without exposition ; but we are now about to be yet a little plainer . sect. . principles and positions . ( a ) the two houses have legal power to levy monys , arms , horse , ammunition , upon the subjects , even without , or against the kings consent ; and to put into safe hands such forts , ports , magazines , ships , and power of the militia , as are intended , or likely to be intended , to introduce a tyranny ; not only when arms are actually raised against them , but when they discern , and accordingly declare a preparation made towards it . political catechism . page . . ( b ) a king abusing his power , to the overthrow of religion , laws , and liberties , may be controll'd and oppos'd : and if he set himself to overthrow all these by arms , then they who have power , as the estates of a land , may and ought to resist by arms ; because he doth by that opposition break the very bonds , and overthrow all the essentials of this contract and covenant . this may serve to justifie the proceedings of this kingdom against the late king , who in a hostile way set himself to overthrow religion , parliaments , laws , and liberties . douglase's coronation serm. page . . ( c ) the lords and commons are as the master of the house . [ calamy's sermon , decemb. . . page . ] — the parliament whom the people chuse are the great and only conservators of the peoples liberties . ibid . ( d ) the parliament of the commonwealth of england without the king , . were the supreme authority of this nation , jenkins's petition . octob. . . ( e ) the sovereignty here among us is in king , lords and commons . ( baxter's holy commonwealths , page . . ) ( f ) the government of england is a mixt monarchy , and govern'd by the major part of the three estates assembled in parliament . [ parliament physick for a sin-sick nation . page . ( g ) the houses are not only requisite to the acting of the power of making laws ; but co-ordinate with his majesty in the very power of acting . ahabs fall. page . ) ( h ) resolved , that in case of extream danger , and of his majesties refusal , the ordinance agreed on by both houses for the militia , doth oblige the people , and ought to be obeyed by the fundamental laws of this kingdom . ( vote of both houses , march . ● . ex. col. . ) ( i ) resolved , that when the lords and commons in parliament ( which is the supreme court of judicature in the kingdom ) shall declare what the law of the land is ; to have this not only question'd and controverted , but contradicted , and a command that it should not be obey'd , is a high breach of the priviledge of parliament . ( ex. col. . march . . ) ( k ) the lords and commons in parliament do declare , that it is against the laws and liberties of the kingdom , that any of the subjects thereof should be commanded by the king to attend him at his pleasure ; but such as are bound thereto by special service . ( ex. col. . may . ) ( l ) the towns , forts , treasure , magazine , offices , and the people of the kingdom , and the whole kingdom it self is entrusted unto the king , for the good and safety , and best advantage thereof ; and as this trust is for the use of the kingdom , so ought it to be menag'd by the advice of the houses of parliament , whom the kingdom hath trusted for that purpose . ( third remonstrance , may . . ex. col. . ) ( m ) a parliament may dispose of any thing wherein his majesty or his subjects hath a right , in such a way as that the kingdom may not be expos'd to hazard or danger thereby . ( ibid. ) ( n ) the votes of the lords and commons in parliament being the great council of the kingdom , are the reason of the king , and of the kingdom . ( ibid. . ) ( o ) supreme head and governour over all persons in all causes , as it is meant of singular persons rather than of courts , or of the collective body of the whole kingdom , &c. and to speak properly , it is only in his high court of parliament , wherein and wherewith his majesty hath absolutely the supreme power , and consequently is absolutely supreme head and governour , from whence there is no appeal . ( remonstrance , may . . ex. col. . ) ( p ) the kings of this realm ought to be very tender in denying both houses of parliament any thing that concerns the publick government , and good of the kingdom ; and they ought to deny themselves and their own understandings very far , before they deny them ; and that upon this ground , because they lie under the obligation of an oath to pass such laws , if they be just and good , for the kingdom . and it must then be a tender point for a prince to judge otherwise of those laws that are represented unto him as such , by the representative body of the whole kingdom . ( ibid. pag. . ) no presidents can be bounds to the proceedings of the parliament . ( ibid. pag. ) ( q ) a parliament may dispose of any thing wherein the king , or any subject hath a right , in such a way that the kingdom may not be endanger'd thereby . and if the king , being humbly sought unto by his parliament , shall refuse to joyn with them ; in such cases , the representative body of the kingdom is not to sit still , and see the kingdom perish before their eyes ; and of this danger they are judges , and judges superiour to all others that legally have any power of judicature in this kingdom . ( ibid. ) no member of either house ought to be medled withal for treason , felony , or any other crime ; without the cause first brought before them , that they may judge of the fact , and their leave obteined to proceed . ( ibid. ) the sovereign power doth reside in the king and both houses of parliament : and his majesties negative voice doth not import a liberty for his majesty to deny any thing as he pleaseth , though never so requisite and necessary for the kingdom . ( ibid. . ) ( r ) when there is certain appearance , or grounded suspicion that the letter of the law shall be improv'd against the equity of it ; ( that is , the publique good , whether of the body real , or representative ) then the commander going against its equity , gives liberty to the commanded , to refuse obedience to the letter . ( ex. col. . pag. . ) ( s ) the clause wherein we swear the preservation and defence of the kings person , and authority , doth lye under some restreint , by that limitation [ in the preservation and defence of the true religion and liberties of the kingdom . ] to which we reply , it maintains him as far as he is a king : he may be a man , but sure no king , without the lists and verge of religion and laws ; it being religion and laws that make him a king. case's covenant renew'd , page . ( t ) princes for just causes may be depos'd . if they be tyrants against god and his truth , their subjects are freed from their oaths of obedience — the people have the same power over the king , that the king hath over any one man. — the making of laws doth belong to the people ; and kings are but as masters of the rolls . — [ dan. pos. lib. . cap. . ( u ) he that resisteth the king commanding in the lord , resisteth the ordinance of god ; but he who resisteth the king commanding that which is against god , resisteth no ordinance of god , but an ordinance of sin and satan . ( lex rex , pag. . . ) ( w ) convention of the subjects in a tumultuary way for a seditious end , to make war without warrant of law , is forbidden ; but not when religion , laws , liberties , invasion of foreign enemies necessitate the subjects to convene ; tho' the king and ordinary judicatures going a corrupt way to pervert judgment shall refuse to consent to their conventions . ( rutherford's lex rex , pag. . ) ( x ) our fundamentals were not made by our representatives , but by the people themselves ; and our representatives themselves limited by them ; which it were good that parliaments as well as people would observe , and be faithful to : for no derivative power can nul what their primitive power has established . the englishman , page . . ( y ) the priviledges and lawful prerogatives of the sovereign , must veil , in cases of necessity , unto this high and supreme law , the safety of the people . then no less must the priviledges of a parliament yield unto this. ( lex rex , pag. . ) if we be sworn to maintain the kings person and authority , in the defence of the liberties of the subject , then whoever prefers the liberties of the subject to his person or authority , are not traytors , or rebels . ( ibid. pag. . ) ( z ) noblemen ought to reform religion , if the king will not . the commonalty concurring with the nobility , may compel the bishops to cease from their tyranny ; and by their power bridle the cruel beasts . — they may lawfully require of their king to have true preachers ; and if he be negligent , they justly may themselves provide them , maintain them , defend them against all that do persecute them , and may retein the profits of the church livings from the other sort — the nobility and commonalty ought to reform religion ; and may remove from honors , and punish whom god hath condemned . [ deut. . ] of what estate or condition soever . — the punishment of such crimes as touch the majesty of god doth not appertain to kings and chief rulers only , but also to the whole body of the people ; and to every member of the same ; as occasion , vocation , or ability shall serve , to revenge the injury done against god. [ dan. pos. lib. . cap. . if the magistrates shall refuse to put mass-mongers and false preachers to death ; the people ( in seeing it perform'd ) do shew that zeal of god which was commended in phineas , destroying the adulterers ; and in the israelites against the benjamites . — dan. pos. lib. . cap. . ( a ) judges ought by the law of god to summon princes before them for their crimes : and to proceed against them as against all other offenders — evil princes ought by the law of god to be depos'd ; and inferior magistrates ought chiefly to do it . — when magistrates do cease to do their duties , the people are as it were without officers . and then god giveth the sword into their hands , and he himself is become immediately their head : for to the multitude a portion of the sword of justice is committed : from the which no person , king , queen , or emperor , being an idolater , is excepted ; they must dye the death , &c. — god will send to the people which are willing to do their duty , but are not able , some moses , or othoniel . if they know any jonathan , they must go unto him to be their captain , and he ought not to refuse them . by the word of god a private man , by some special inward motive , may kill a tyrant ; as moses did the aegyptian : as phineas did the lecherous ; and ebud did king eglon , &c. — it is lawful to kill wicked kings and tyrants ; and both by gods law , and mans law , queen mary ought to have been put to death as being a tyrant , a monster , a cruel death , &c. the subjects did kill the queen's highness athalia ; jebu killed the queen's majesty jezebel ; elias , being no magistrate , killed the queen's majesties chaplains , baal's priests . these examples are left for our instruction . where this justice is not executed , the state is most corrupt . [ dan. pos. lib. . cap. . ( b ) whensoever a king , or other superior authority creates an inferior , they invest it with a legitimacy of magistratical power , to punish themselves also , in case they prove evil doers . ( right and might well met , page . . princes derive their power and prerogative from the people ; and have their investitures meerly for the peoples benefit . ( jus populi , page . . ) if the prince fail in his promise , the people are exempt from their obedience ; the contract is made void , and the right of obligation is of no force . it is therefore permitted to the officers of a kingdom , either all , or some good number of them , to suppress a tyrant . ( vindiciae contra tyrannos , pag. , , . ) it is lawful for any who have the power to call to account a tyrant or wicked king , and after due conviction to depose and put him to death , if the ordinary magistrate hath neglected , or deny'd to do it . ( the tenure of kings and magistrates , . ) notes on sect. . the first clause ( a ) has been of great vse to the protestant mercuries , and intelligences , for the shaping of their addresses . ( b ) a dispensation again . ( c. d. e. f. g. ) the king is depos'd by the dissenters . ( h ) the two houses above the king. ( i ) calls the king to an account for not submitting to the two houses . ( k ) allows him to be master only of his own domestiques . ( l ) the two houses are the kings guardians ; and ( m ) may dispose of kings and subjects rights at pleasure . ( n ) the votes of the two houses are the reason of king and kingdom . ( o ) singulis major , universis minor. ( p ) the king bound to pass whatever bills the two houses offer him , tho' against his judgment . ( q ) no member of either house to be touch'd for treason without leave . ( r ) the equity of the law set up against the letter of it . ( s ) the king distinguish'd from the person . ( t ) princes deposable by the people . ( u ) obedience and resistance conditional . ( w ) people may convene against authority . ( x ) the fundamentals of government are from the people . ( y ) and so is sovereignty , to which both kings and parliaments must vail . ( z. and a. ) popular violence and reformation justifi'd . deposing and killing of kings . ( b ) gives the constable a commission to lay the king by the heels . let the reader take notice , that these are not the wild speculations of sick-brain'd phanatiques , but positions rooted in the very foundations of the separation ; subversive of the very ordinance of government ; and not only asserted by votes , and arguments , but put in practice upon the lives and liberties both of prince and people . sect. . tumults encourag'd ; and chiefly , by the [ able , holy , faithful , laborious , and truly peaceable preachers of the gospel . ] ( petition for peace , pag. . ) ( a ) the land is sore troubled ; there 's no place , nor being for a faithful minister of the word . our blood cryeth for vengeance against the bishops . — if this persecution be not provided for , 't is the case of many a thousand in england ; great troubles will come of it . [ dan. pos. l. . cap. . ] it astonishes us to foresee what doleful effects our divisions would produce . [ proposals , pag. . . ] ( b ) the act for suppressing conventicles is a law dishonourable to god , destructive to the gospel , and pernicious to most of the sober people of the nation . [ quaeries upon the proclamation for enforcing the laws against conventicles , &c. pag. . ] qu. whether the saints ought not to continue the assemblies of their worship of god , without or against the consent of their magistrates , they being commanded so to do ? [ matth. . , , . heb. . . &c. pag. . ] ( c ) when the ark of god is taken , the ministers of christ are driven into corners ; the souls of our wives and children are in danger to miscarry . [ calamy's serm. dec. . . pag. ] where are our moseses , our eliah's ? where are those that lay to heart the danger of the ark of god ? [ pag. . ] — it is not your wicked ministers that can settle the ark ; it is not your prophane , drunken ministers ; no , it must be your godly , sober , pious , and religious ministers . [ pag. , . ] ( d ) that truth for owning of which you are put to suffer the loss of all things , is that very truth for which christ himself suffer'd as a martyr : viz. that he was a king. — yea he is a king , and will be a king when you are gone ; and will prove himself higher than the kings of the earth , by rescinding of your supremacy , that idol of his indignation , and object of his revenge . — of a truth , lord , against thy holy child jesus whom thou hast annointed , are all these gathered together ; and it is for our owning of him as . thy annointed , and refusing to be on that conspiracy , that we are thus used . [ the poor mans cup of cold water minister'd to the saints and sufferers for christ , in scotland , pag. . . ] ( e ) we saw the blood of these blessed saints and martyrs ( the scotch rebels ) of jesus shed : we saw the frame of our government dissolv'd , and overturn'd : we saw an act. recissory , the wickedness whereof reached heaven : we saw abominable and abjured episcopacy , re-establish'd by law , and the faithful ministers of christ driven from their flocks : thus we saw jericho rebuilt ; and so the nation became a curse ; being so deeply , and so deliberately involved into the guilt of open , owned , avouched , and by law established perjury : now what did we in the mean time ? alas , we had not the spirit of the day in its day , &c. [ poor mans cup , pag. . ] ( f ) beloved brethren , albeit god hath put and ordained distinction betwixt king and subjects ; yet in hope of the life to come he hath made all equal : and therefore i say that it doth no less appertain to you to be assured that your faith and religion be grounded , and established upon the true and undoubted word of god , than to your princes or rulers . — and to you it doth no less appertain , than to your king or princes , to provide that christ jesus be truly preach'd amongst you . [ jus populi , pag. . ] ( g ) they deifie a creature , and renounce their homage to the king of kings ; and so provoke him to destroy both them and their king by their apostacy , and wicked defection ; and that openly before men and angels , as david hanged up the sons of saul before the sun : and then they need not fear either dag or dagger , pistol or poyson'd ponyard . [ ibid. pag. . ] ( h ) come , my brethren , i say , and fear not to take this agag ( prelacy i mean , not the prelates ; ) and hew it to pieces before the lord. [ case's covenant renew'd , pag. . ] ( i ) down with baal's altars , down with baal's priests , &c. [ salwey's sermon to the commons , octob. . . pag. . ] ( k ) i may truly say as the martyr did , that if i had as many lives as hairs on my head , i would be willing to sacrifice all those lives in this cause . [ mr. calamy's speech at guildhal , octob. . . ] ( l ) let no law hinder you ; si jus violandum , &c. and if law be to be broken , it is for a crown , and therefore for religion . [ simpson on prov. . . . pag. . ] — you are set over kingdoms , to root out , pull down , destroy , and throw down ; do it quickly , do it throughly . [ ibid. pag. . ] ( m ) who were they but the poorer and meaner sort of people that at the first joyn'd with the ministers to raise the building of reformation ? [ marshal's serm. june . . pag. . ] ( n ) here is an extraordinary appearance of so many ministers to encourage you in this cause , that you may see how real the godly ministry in england is unto this cause . [ calamy's speech at guild-hall , octob. . . ] ( o ) to you of the honourable house , up , for the matter belongs to you ; we , even all the godly ministers of the country , will be with you. [ faircloth to the commons on josh. . . pag. . ] let not the pretence of peace and unity cool your fervour , or make you spare to oppose your selves unto those idle and idolized ceremonies against which we dispute . ( dispute against english-popish ceremonies , pag. . ) ( p ) a word to the people : are magistrates your servants ? then learn to be wise , and know your priviledges for time to come ; and be not frighted out of your right and reason at once , by those traytors and rebels who would make you believe that it is treason and rebellion to call them to account for the treason and rebellion they are guilty of . ( mene tekel , pag. . ) parliaments are the peoples servants . — the king , judges , justices , mayors , constables , and all other magistrates or officers , are our servants , to protect us , and secure us from violence and oppression ; if they break their trust , and oppress us , the law of god and nature allows us to call our servants to account , punish them according to their deserts , and turn them out of our service . ( ibid. ) alas , poor england ! thy shepherds are become robbers ; thy princes within thee are roaring lions ; thy judges are ravening wolves , &c. ( pag. . ) — what authority had a parliament to give away our birth-rights ? to enslave the corporations and counties that sent them up to assert their freedoms ; and to expose us to the lusts of wicked oppressors ; to give away the militia of the land to the king ? &c. ( pag. . ) — the parliaments giving away our birth-rights to the king , is just of as much force as if the convocation of prelates , or council of bishops should give our souls to the devil : they have as much power to do the latter , as the parliament have to do the former . ( pag. . ) ( q ) some persons may be stirr'd up to do some things that are not in themselves so justifiable , or seemingly warrantable , ( at least in all circumstances ) which yet the over-ruling hand of god may be in ; as in moses killing the egyptian ; phineas slaying zimri and cosbi , numb . . , . ( sufferers catechism , pag. . . ) ( r ) it is remarkable that this single act of phineas in killing two persons is so much rewarded , and taken notice of by the lord ; yea , more than the many who were killed by the judges . ( jus populi , p. . ) — now sure i am this fact of phineas was according to the law , and to the express mind of god ; and why then might it not be imitated in the like case ? what warrant , command , or commission had phineas , which we cannot now expect ? ( ibid. pag. . ) notes on sect. . here 's a complaint of a persecution ( a ) by the greatest of persecutors , and the most mercyless of men ; as you have it out of their own mouths . the law vilify'd , ( b ) and authority affronted , in the very instant while they pretend to supplicate for relief . what can be more inflaming , scandalous and pharisaical then the clause , ( c ? ) or more seditious then ( d. e. f. and g ? ) more incentive to the people then ( h. i. k. and l. ) and who were the eminent incendiaries ( m. n. and o. ) but the very principals of the dissenting ministers ? what horrible affronts upon the king , parliament and government in ( p ? ) what instigations are there to any execrable practice upon the sacred person of his majesty in ( q. and r ? ) view their principles ; compare my citations with their writings ; turn your eye from thence to their practices ; and if you find i have done them any wrong in the report , let me bear the burthen of the scandal . but if the matter be truly represented , let the reader judge of the rest. sect. . the war against the king justify'd . ( a ) our war has been proved over and over to unbyass'd consciences , to be just. ( caryl to the commons , april . . page . ( b ) the scots were necessitated to take up arms for their just defence ; and against antichrist , and the popish priests , ward , before the lords , on deut. . . page . ( c ) if i had taken up arms against the parliament in that wa● , my conscience tells me i had been a traytor , and guilty of resisting the highest powers . [ baxters holy common-wealth , pag. . — and i cannot see that i was mistaken in the mayn cause ; nor dare i repent of it , nor forbear the same , if it were to do again in the same state of things . [ ibid , page . ] ( d ) some say the terms are dubious , if not false ; it being indefinitely asserted , it is not lawful to take arms against the king , on any pretense whatsoever . although our king is , and we hope ever will be so qualify'd , that in reference to him , it may be true ; yet it is not impossible for a king , regis personam exuere ; in a natural or moral madness , or phrensy , to turn tyrant , yea beast , &c. — in this case , men think nature doth dictate it , and scripture doth justifie a man se defendendo vim vi repellere , &c. [ a short survey of the grand case , page . . ] ( e ) their rising ( the rebels at pentland-hills ) was supposed against lawful authority ; whereas it was rather a rising for lawful authority ; while against persons abusing their authority , and not walking in the right line of subordination unto the supreme magistrate and governor of heaven and earth ; but rebelling against him , in making laws contrary to his laws , and executing them contrary to his will and command . . that their rising was in rebellion ; whereas it was rather in loyalty to god , and the country , against such as had erected a standard of rebellion against the high and mighty prince jesus christ our lord , and supreme governor , and in loyalty to that supreme law , the safety of the people : defending themselves against manifest , and intolerable tyranny . [ jus populi , . preface . ] — we may safely say , that these valiant worthies were basely and barbarously murther'd , and that there was no just cause to take their lives . [ ib. preface . ( f ) when strong and inevitable necessity urgeth , in order to necessary and just ends ; people may have their own convocations , even against authority , and de jure , be guilty of the breach of no standing law against the same ; seeing all know that salus populi est suprema lex ; and that no law , or act , when the strict observation thereof tendeth to the detriment of the republick ( for the good of which all laws are made ) is of force . [ jus populi , page . ] — resistance may be us'd against the person of , or the man who is , the magistrate ; without the least contempt , or wrong done unto the holy ordinance of god — the peoples safety is such a royal thing , that the king himself , and all his prerogatives , yea and municipal laws too ; must vail the cap unto it , themselves being judges . [ ibid. pag. . ] — the late war carryed on by the parliament of scotland against the king , was lawful , both in point of law and conscience ; and if that was lawful ( as it was , and shall be found to be ) when he and all his complices have done their utmost , with all their lying cavils , false calumnies , reproaches , and what not , that hell can hatch to disprove , and condemn the same ) a war raised by the subjects in their own sinless self-defence , without the conduct of their representative , cannot in every case be condemned , particularly not in our case now. jus populi , page . ( g ) the generation of the prelatical , and malignant faction , did not cease to chant after the determinations of the cruel , and bloody council ; and cry out upon those noble and worthy patriots ( whose memory shall be in everlasting remembrance ) as traytors and rebells , justly condemned and executed . notes on sect. . we have the war here against the late king justify'd ( a. b. c. ) by three divines of note , in the first place . ( d. ) minces it a little , but comes to the same point at last . ( e. f. and g. ) justify not only the ground of that rebellion , and the fact it self ; but canonize the very rebels of pentland-hills for martyrs . now can it be imagin'd , that any man will take upon him to defend the late sedition , that does not stand as well-affected to another ? it is a strange partiality for them to think it more reasonable for separatists to overturn the government against law , then for the magistrate , by keeping close to the rule of the law , to do his endeavour to support it . if they call it a persecution , the magistrates not dissolving of the law in favour of dissenters ; why may not we be allow'd to call it a rebellion , for the dissenters to dissolve the government in despite of the magistrate ? sect. . reformation by blood. ( a ) you cannot preach , nor pray them down directly and immediately ; — well! that which the word cannot do , the sword shall . ( reyner to the commons , aug. . . pag. . ( b ) episcopacy must not only be pull'd up , but the bishops must be hang'd up before the lord ; and the bloodiest and sharpest war to be endur'd , rather then the least error in doctrine , or in discipline . ( a scottish sermon , kings large scotch declaration , fol. . ( c ) those mine enemies that would not have me reign over them , bring them hither , and slay them before me . those men that rise up in cursed practises to change religion , to bring in idolatry , and false worship ; to depose christ from his throne , and set up anti-christ in his place : — noble sirs ; in your execution of judgment upon delinquents , imitate god , and be merciful to none that have sinn'd of malicious wickedness : let not your eye pity any who in this bloody quarrel have laid the foundation of their rebellion and massacres in irreconcileable hatred to religion and the government of jesus christ. case's sermon to the court martial , aug. . . ( d ) as josiah put to death those that follow'd baal , so may the parliament those that will not return , and leave antichristianism . marshalls serm. march . . — that anti-christianism that was sworn in the covenant to be rooted out . pag. . ( e ) i will confidently affirm , that our days now are better then they were seven years ago , because it is better to see the lord executing judgment , then to see men working wickedness ; and to behold a people lye wallowing in their blood , rathen apostatizing from god , and embracing idolatry and superstition , and banishing the lord jesus from amongst them . ( s. marshall to both houses , &c. jan. . . pag. ) — carry on the work still ; leave not a rag that belongs to popery ; lay not a bit of the lords building with any thing that belongs to anti-christ ; but away with it , root and branch , head and tayl ; till you can say , now is christ set upon his throne . ( ibid. page . ( f ) the cause you manage is the cause of god ; the glory of god is embarkt in the same ship in which this cause is . ( e. calamy's , sermon to the peers ; june . . page . — he that dyes fighting the lords battle , dyes a martyr . ibid. page . ) ( g ) cursed be he that withholdeth his sword from blood ; that spares , when god saith strike ; that suffers those to escape , whom god has appointed to destruction . ( case on dan. . . page . . to the commons . ( h ) the execution of judgment is the lords work ; and they shall be cursed , that do it negligently : and cursed shall they be , that keep back their sword from blood , in this cause . ( strickland , nov. . . page . ( i ) the lord is pursuing you if you execute not vengeance on them betimes . ( faircloth on josh. . . page . why should life be further granted to them , whose very life brings death to all about them ! ibid. ( k ) though as little ones they call for pitty , yet as babylonish they call for justice , even to blood. ( bridges on rev. . . page . . ( l ) let us not out of any worldly respects of estate , wives , children , honour , good nature , justice , compassion , care of trade , of laws , grow slack and lazy in our undertakings ; upon the success of which the eyes of christendom are fix'd : — but let us proceed to shed the blood of the vngodly . ( l — dec. . . ( m ) it is commendable to fight for peace and reformation , against the kings command . ( calamy's sermon , decem. . . pag. . ( n ) do justice to the greatest : saul's sons are not spar'd , no nor may agag , nor benhadad , though themselves kings . zimri and cosbi , though princes of the people , must be persn'd into their tents . this is the way to consecrate your selves to god. ( herle sermon to the commons , nov. . . pag. — in vain are the high praises of god in your mouths , without a two-edged sword in your hands . ibid. jan. . . page . ( o ) if you would have a peace with popery , a peace with slavery ; if you would have a judas peace , or a joab's peace ; ( you know the story , he kiss'd amasa , and then kill'd him ) if you would have a peace that will bring a massacre with it ; a french peace : it may be had easily . but if you would have a peace that may continue the gospel among you , and bring in a reformation , &c. such a peace cannot be had without contribution toward the bringing in of the scots . ( calamy's speech at guild-hall , octob. . . notes on sect . you have here fourteen paragraphs , so sanguinary , and salvage ; that if they had not christian names to them , a body would take the authors of them for saracens : and to go a little farther with you yet , thirteen of the fourteen are the work of dissenting divines ; not of mr. calamy's wicked , profane , drunken ministers ; ( as he was pleas'd to baptize the english clergy ) but of the godly , sober , pious , and religious ministers ( as he thought fit to distinguish those of his own party . ) let the reader judge n●w if these be not fit workmen to be employ'd in the repairing of our breaches ? one more now , and i have done . sect. . the murther of the late king encouraged , and justify'd . ( a ) we propound that that capital , and grand author of our troubles , the person of the king may be speedily brought to justice , for the treason , blood , and mischief he is guilty of . ( armyes remonstrance , nov. . p. . ( b ) have you not sins enow of your own , but will you wrap your selves up in the treachery , murther , blood , cruelty and tyranny of others ? ( tho. brooks sermon before the commons , decemb. . . pag. . ) ( prep●ration to the kings murther ) — set some of those grand malefactors a mourning , ( that have caused the kingdom to mourn so many years , in garments rolled in blood ) by the execution of ivstice , &c. ( ibid. pag. . ) ( c ) the king of syria came against israel , and by the mighty power of god , he and his army were overthrown , and the king was taken prisoner . now the mind of g●● was ( which he then discover'd only by that present providence ) that justice should have been executed upon him ; but it was not . whereupon , the prophet comes with ashes upon his face , and waited for the king of israel , in the way where he should return , ( kings . . ) and as the king passed by , he cry'd unto him , thus saith the lord , because thou hast let go a man whom i appointed for destruction , therefore thy life shall go for his life . now see how the king of syria , after this , answers ahab's love : about three years after , israel and syria engaged in a new war : benhadad's life was once in ahab's hand , and he ventur'd gods displeasure to let him go . but see how benhadad rewards him for it : fight neither against small nor great , but against the king of israel . honourable and worthy , if god do not lead you to do justice upon those that have been the great actors in shedding innocent blood , never think to gain their favour by sparing of them , &c. ( g. cockaine's sermon to the commons , novemb. . . ) ( d ) when kings command unrighteous things , and people suit them with willing complyance , none doubts but the destruction of them both is just and righteous . ( dr. owen , a fast-sermon , jan. . . pag. . ) — a great , mighty potentate , that had caused terrour in the land of the living , and laid his sword under his head , brought to punishment for blood. ( ibid. a thanksgiving-sermon , octob. . . page . ) ( e ) praised be god who hath delivered us from the imposition of prelatical innovations , altar-genu-flexions and cringings ; with crossings , and all that popish trash and trumpery . and truly i speak no more than what i have often thought and said , [ the removal of those insupportable burthens countervails for the blood and treasure shed and spent in these late distractions , &c. ] w. jenkins before the parliament , ( as they call'd it ) sept. . . pag. . ( f ) corbet says , that he was now fully satisfi'd in his own mind of the lawfulness of the fact , as well as of the power by which it was done ; and that it was his duty no longer to stand out , but to joyn with his brethren , as an actor in it ; or else he might become guilty of unfaithfulness to the cause of god , and his country , &c. ( three regicides speeches . pag. . ) — and as for that necessary and publique act of justice , he did never repent at all , that he had a hand in it ; nor , after all the searchings of heart about it , did see cause so to do , when at any time he had the most serious , and calm reflections upon it . ( pag . ) ( g ) the parliament having wisely chang'd the government to a commonwealth , and cut off that hereditary usurpation of monarchy , which was never either justly begun , or continu'd . ( the false brother , pag. . . ) notes on sect. . in ( a ) we have only men of blood , pressing for blood ; and nothing less than the blood of a tender , a religious , a protestant , and their native prince , will content them . the war is now transferr'd from popery to tyranny : the masque is taken off ; and it is downright treason , and blood that is charged upon him by the army . and what was it , but the dissenting pulpits that put these diabolical thoughts into their hearts ; these bloody words into their mouths ; and the very swords into their hands ? who but the godly , peaceable ministers , the zealous protestants , ( as they make bold to call themselves ) and just such protestants , as ministers , to a scruple . murther , blood , cruelty , tyranny , says brooks , ( b ) and see then how this parricidal evangelist bellows for the execution of justice ; which was , in english , the king's murther . in ( c ) you have another of the stamp , pressing the same point , and upon the same foundation too ; ( for shedding innocent blood ) with an insinuation of no less than the mind of god for their warrant . in ( d ) you have one of our re-reformers bestriding two kings at a step. and in ( e ) another of the same tribe , with the rights of the church in one scale , the blood and treasure of his sacred majesty , and so many thousands of his loyal subjects , in the other , and all too little to weigh against a cross , and an altar . ( f ) is only a defence of the execution , by a regicide : and in ( g ) the change of government approved by a republican . to wind up all now in a word . the presbyterians ( you see ) hold toleration to be the source of all heresies ; utterly unlawful , insufferable , impious , and destructive , both of church and state. the independent qualifies it , with some restrictions , to their own advantage ; but episcopacy and presbytery find no quarter . they are at war among themselves , upon an inconsistency of principles ; and openly profess their reciprocal animosities to be matter of conscience . the civ●l government passes with them for tyrannical , and the ecclesiastical for antichristian . they stick to their covenant to the death ; and the roman papacy it self , even in their own accounts of it , is not more bloodily rigorous in impositions upon conscience , than the papal presbytery , according to the testimony of their words and actions . the imperial authority of the crown is wholly swallow'd up in the transcendent usurpations of the kirk . their positions are not only ruinous to the peace of this government , but to the very being also of government it self . their very assembly of divines , did not only animate the sedition , and encourage the bringing of the late king to the block ; but several eminent members of it pass'd an approbation of that vnspeakable villany , after the fact was committed ; and frighted the people , in their pulpits , out of their christianity and allegiance , into an enthusiastick rage , after confusion and blood. sum up all this now ; and try if you can reconcile these people , in their practices and opinions , even to their very selves . the end . the names of such members of the commons house of parliament as have already subscribed in persuance of the act of parliament, for the speedy reducing of the rebels, and the future peace and safety of this kingdome (a worke tending much to the glory of almighty god, and the succour and reliefe of our distressed brethen in ireland) : together with the summes they have severally under-written, viz. : also, a special order of the house of commons, concerning the free offer of the county of buckingham, shewing their great exceptance thereof, with their exceptance of such shires as shall doe the like, also shewing by what meanes they shall be repaid againe / ordered forthwith to be printed, h. elsing-clerc. parl. com. england and wales. parliament. house of commons. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing n ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing n estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the names of such members of the commons house of parliament as have already subscribed in persuance of the act of parliament, for the speedy reducing of the rebels, and the future peace and safety of this kingdome (a worke tending much to the glory of almighty god, and the succour and reliefe of our distressed brethen in ireland) : together with the summes they have severally under-written, viz. : also, a special order of the house of commons, concerning the free offer of the county of buckingham, shewing their great exceptance thereof, with their exceptance of such shires as shall doe the like, also shewing by what meanes they shall be repaid againe / ordered forthwith to be printed, h. elsing-clerc. parl. com. england and wales. parliament. house of commons. sheet ([ ] p.) by a.n. for john franck, printed at london : . reproduction of original in huntington library. broadside. eng england and wales. -- parliament. -- house of commons. great britain -- politics and government -- - . broadsides a r (wing n ). civilwar no the names of such members of the commons house of parliament, as have already subscribed in persuance of the act of parliament, for the spee england and wales. parliament. house of commons f the rate of defects per , words puts this text in the f category of texts with or more defects per , words. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion the names of such members of the commons house of parliament , as have already subscribed in persuance of the act of parliament , for the speedy reducing of the rebels , and the future peace and safety of this kingdome ( a worke tending much to the glory of almighty god , and the succour and reliefe of our distressed brethren in ireland ) together with the summes they have severally under-written , viz. also , a speciall order of the house of commons , concerning the free offer of the county of buckingham , shewing their great exceptance thereof , with their exceptance of such shires as shall doe the like , also shewing by what meanes they shall be repaid againe . ordered forthwith to be printed , h. elsing . clerc . parl. com. master walter long l. sir robert pye l. master samuel vassall l. sir samuel rolles of devon . . william lord munson . sir john harrison . sir william brereton . sir edward aishcough . master iohn and master edward ash . sir gilbert pickering . sir iohn clotworthy in money . sir john clotworthy for his entertainment as colonell in the irish warres . master henry martin . master arthur goodwyn . sir arthur haslerigge of leicestershire . master robert reynolds . sir robert parkhurst . sir thomas dacres . sir john ●o●●s . sir arthur ingram . doctor thomas eden . master oliver cromwell . master nathaniel fines . master john pyne . sir walter earle . master cornelius holland . sir john northcot . master roger mathew . sir nathaniel bernardiston . sir willam masham . sir martin lomley , for martin lomley esquire , his sonne . master thomas hoyle of yorke . master anthony bednigfield & master william cage . sir william allenson of yorke . master william hevengham . master harbert morley . sir william morley . sir john culpepper . sir edward partherich . richard shuttleworth esquire . master john more , and master william thomas . master john lisle . master john blackstone . sir gilbert gerrard . master bulstrod whitlock . sir edmond momford , and master richard harmon . master john trenchard . master iohn gurdon . master iohn barker . master william harrison . mr. iohn wilde serjeant at law , & mr. thomas lane . marcij . nathaniel hallowes of darby for himselfe & others . sir iohn franklin . master george buller of the county of cornwall . sir henry mildmay . master oliver st. iohn . april . sir john wray . sir thomas barrington . mr. robert goodwyn , and master john goodwyn . ● . april . master denzil hollis . master iohn crew . sir thomas peyton . . april . sir william plastors . sir william strickland . sir thomas savine . alexander and squire bence . master iohn rolles of devon . master iohn hampden . master william iesson . sir edward baynton . thomas lord wenman , and mr. richard winwood . . april . sir william drake . master william spurstow . sir iohn evelyn of godstone in the county of surrey for himselfe and others . . april . master myles corbet . . april . die sabbati . . april . . whereas the gentlemen of the county of buckingham have offered unto this ho●se freely , to lend sixe thousand pounds upon the act of contribution for the affaires of ireland , and to●ay in the same before the first day of may next ensuing this house doth take in very good part that offer , an● accept the same , and doth hereby order , that the said sixe thousand pounds shall be repaied óut of the first mo●eys that shall be raysed in that county upon the bill of foure hundred thousand pounds , and master hampden , master goodwyn , master vvinwood , and master vvhitlocke , are appointed to returne thankes to the county of bu● . from this house for their kind offer an acceptable service . and it is further ordered and declared by this house , that if any other countie , or p●●sons shall doe the like , the same will be taken as a very good service to the common-wealth , and such as will b● well accepted by this house , and the moneys which they shall lend , shall be repayed unto them with interest , ●f they desire it , out of the moneys that shall be raised in those counties where such persons inhabite , out of the bill of foure hundred thousand pounds . and it is further ordered , that this order shall be forthwith print●d . h. elsynge . c●●● . parl. com. printed at london by a. n. for john franck . . king iames his iudgement by way of counsell and advice to all his loving subjects extracted out of his own speeches / by doctor willet ; concerning politique government in england and scotland. england and wales. sovereign ( - : james i) this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing j ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing j estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; :e , no ) king iames his iudgement by way of counsell and advice to all his loving subjects extracted out of his own speeches / by doctor willet ; concerning politique government in england and scotland. england and wales. sovereign ( - : james i) willet, andrew, - . p. for thomas cooke, printed at london : . publisher information from colophon. caption title. reproduction of original in thomason collection, british library. eng james -- i, -- king of england, - . great britain -- politics and government -- - . a r (wing j ). civilwar no king iames his iudgment by way of counsell and advice to all his loving subjects, extracted out of his own speeches by doctor willet concern england and wales. sovereign f the rate of defects per , words puts this text in the f category of texts with or more defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion king iames his iudgment by way of counsell and advice to all his loving subjects , extracted out of his own speeches by doctor willet concerning politique governement in england and scotland . these two kingdomes of england and scotland , having beene long at variance , and exercised in time past with long and bloody battells , were by him united in one ▪ his majesty was the corner stone that conjoyned these two walles together . . by his majesty king iames of blessed memory , the faith of the gospell was truely professed , and his princ●ly ●ookes prote●ted still maintained . . king iames was a wise and judiciall king , whose 〈◊〉 writings doe give him the prehe●i●●●ce before all his predecessors : a●other salomon , a king , and yet an ecclesiaste● , a learned writer , such an one as gra●●● the emperour was , of whom ambrose saith , scripsisti 〈◊〉 epistol●● 〈◊〉 , ac ipsa apices fidem tuam pietat●mque ▪ loqu●●●uit●● . epist. . ad grat. you have writ ( not an epistle onely ) but whole bookes with your hand . . the doores of protestant churches were every where set wide open . . christians went hand in hand ▪ conferring freely , and edifying one another . . it was king iames his godly precept to his princely sonne ; t●ach your people by your example . p. . and such was his practice in his owne royall person , giving light by his christian life to all his subjects . . whereas many feared an alteration of religion , the gospell set sure footing in the church of england , which as by his majesty while hee lived , so by his royall posterity walking in his steppes , wee trust shall be continued to the end of the world , wherein his highnesse also delivered his sound judgement , and constant resolution in his med. on revel. . p. . art. . 〈◊〉 the last estate ( when the church is delivered from the thraldome of anti-christ ) without any more generall motations , the world shall still remaine to the consumm●tion , and end of the same . . by gods mercy men planted vine yards , and eate the fruites thereof , built houses , and dwell in them , and increased in wealth . . it was admirable to consider the generall resolution of all english people , and the conjunction of their hearts and affections , both of high and low towards their royall soveraigne . . such was the 〈◊〉 betweene england and scotland , that not onely the externall ●arres 〈◊〉 then like to cease for ever betweene these two nations , but one uniforme religion was also 〈◊〉 to 〈◊〉 them in perfect love and unity , that neither the church of scotland should be jealous of the english church , as inclining in somethings to popery , nor the english subject the other as affecting a popular parity : but as loving sisters , and fellow tribes should hold one worship of god , and goe up to ierusalem together . . he caused religion to be without mixture or tolleration as his majestie most godly professeth in his meditation upon the fifteenth of the first of chronicles , in the application . is there not now ( saith king iames ) a sincere profession of the truth amongst us in this isle ●ppugned by the nations about , haters of the holy word , and doe we not also as israel , professe one onely god ruled by his pure word onely ? on the other part , are they not as philistims , adorers of legions of gods , and ruled by the foolish traditions of men ? and againe in his meditations uppon the twentieth of the revelations . p , art . . hee saith : wee must feare to fall from the truth revealed , and professed by us , that wee may be free from the like punishment , &c. . his zeale for reformation of things amisse was great , who in the preface to the reader in his princely treatise , queene elizabeth then living thus writeth . i doubt nothing , yea ( saith he . ) in her name , i dare promise , by the by past experience of her happy government , that no good subject shall be more carefull to enforme her of any corruptions stollen into her state , than shee shall be zealous for the discharge of her conscience and honour , to see the same purged , and restored to the ancient integrity ; and further during her time , becomes me● least of any to meddle in it , &c. and that which his majesty promised in behalfe of her , god directed his wisedome to performe by himselfe : the dealing wherein before , as it pleased his princely modesty to call medling , so afterwards the whole managing thereof of right appertained to him . . the church of england was not then forced to hang their instruments of prayse upon the willowes , with the israelites in babylon , and by the intermission of some changes onely to finde an occasion of thankesgiving unto god ; but had indeed ▪ as full , and as great cause , and as much l●berty as ever to sound out prayses : england might then say with the prophet david , then was our mouth filled with laughter , and our tongue with joy . psal. ▪ . . the courts of iustice were not interrupted , but the laws , and 〈◊〉 of iudgement were open for every man , and to revive the hearts of his subjects , he thus writeth to his noble son , p. . . presse to draw all your lawes , and processes to be as short , and as plain as you can , &c. weary not to heare the complaints of the oppressed , aut ne rex sis . . king iames was no stranger , but of the royall bloud of the kings of this land , a prince of the same linage , of the same island , of the same english bloud royall ; yea of the same religion : who ▪ as he was no forrainer ▪ so gave he counsell to his princely h●ire ▪ p. . to heare ordinary counsels , and iustice seates in every kingdome , of their own countrymen . . whereas the peace of this church had beene hindred by the opposition of strange , and new doctrines , he restored the peace of the church , and brought it to one uniforme doctrine , whose advice princely is , pag. . ● . . that if any do urge to embrace their own fantasies in the place of gods word , &c. acknowledg them for vaine men &c. and gravely and with authority redact them into order againe . ▪ he had externall peace with other nations , who to wound them with kindnesse , who was a prince that used al other princes pag. . {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . as brethren , honestly , kindly ; and strove with every one of them in curtesie and thankfulnesse , and when any performed to offend this nation , he was a couragious defendor , who revenged and freed his subjects from all forraigne injuries done unto them , pag. . {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . there was domestick peace and plenty , for which we have cause to blesse god at this day , for thereby we obtained godly education of our parents , who were then children , whereas without it we might have beene distracted from our parents , by the iniquity of unquiet times , which was then in danger to have befallen this land . . he was a loving prince ; who as the naturall father , and kinde master of his kingdomes , thought his greatest contentment to stand in his subjects prosperity , and his greatest surety in having their hearts , pa. . {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . . such was his zeale to the house of god , that in his medita●●on in . chron. part . p. . hee holdeth that the chiefe vertue which should be in a christian prince ; namely fervency , and constant zeale , to promote the glory of god that hath honoured him , and concerning the ministers of the church he saith , pag , . love no man more than a good pastor , reverence , and obey them as the heralds of the most high god . dr. willets observations on king iames his respect to the two tables of the law of god . that princely ecclesiastes king iames , declared {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . pag. . that a king should be custas utriuiq● tabula : the guardian of both the . tables of the law , which his majesty testified in every particular , in his christian , and judiciall treatises . . concerning the first commandement he professeth himselfe to be an enemy to all atheisme . basilic . p. . . concerning the second commandement , he condemneth adorers of legions of gods , and such as are ruled by the foolish traditions of men . {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . concerning the third commandement , he saith , beware to offend your conscience with swearing or lying , medit. . in chron. applicat . pag ▪ . . concerning the . commandement : hee saith always let the sabboth be kept holy , and no unlawfull pastime used . page . . command : these be king iames his own words , honour your parents for the lengthning of your own dayes , as god in his law promiseth , page . . command : there are some horrible crimes ( saith his majesty to his princely heire ) that you are bound in conscience never to forgive ( such as witchcraft , wilfull murther page . . command : he saith ) god commanding by the mouth of paul , corin. , , to abstaine from fornication , declareth that fornicators shall not inherit the kingdome of god ▪ p. . . command ; his majesty shewed his worthy resolution for the reformation of the robberies , and oppression of the borderers , page . command : that royall ecclesiastes saith , beware to offend your conscience with use of swearing or lying , &c. lying commeth much of a vile use which banisheth shame ▪ page , , . . concerning the last commandement : his majesties princely counsell is , abstaine from haunting before your marriage , the idle company of dames , which are nothing else , but irritamenta libidinis , page , . dr. willets observations on king iames his counsell and advice to all his subjects : according to their particular callings and estates . the nobility may learne not to thrall by oppression the meaner sort , that do dwell by them , nor to maintain their servants , and dependants in wrong , pag : . . merchants are taught not to buy the worst wares , and sell them at the dearest rates , pag ; . . iudges are admonished to take heed of bribery , advocates to decline the longsomenesse of suites for the enriching of themselves , with the spoyle of the whole countrey , page . . church governors to preserve doctrine , and discipline in purity according to gods word , pag. . . ministers and preachers may receive information for their calling . . not to vary from their text . . not to meddle with matters of state , page . and . that their speech be not fairded with artifice , &c. but to eschew all affected formes , page . and . to use only scripture for interpretation of scripture if wee would bee sure , and never 〈◊〉 from the analogie of faith in expounding . the poscript . the iewes returning from captivitie did so wonder at their strange deliverances , that they seemed to be as men that dreame . as strange a worke may it please god to worke for the church of england if he please at this time ; and though our divisions be not yet turned into peace , yet haue wee many yeares under our gracious soveraigne enjoyed both true religion and peace ; and though there be now such great feares , and distempers in this kingdome , under so godly , pious and religious a prince , who is even a pattern of true piety and love to all princes of the world : yet let us not faint , oh let us pray ▪ to god that as his royall majesty after his royall father king iames , was setled in peace ; so this kingdome may againe be reduced to that flourishing peace , wherein under our gracious king it hath hitherto stood as before under his royall father the lord grant that the glory of his own name may be advanced , the kings honour exalted , agreement between his majestie and the parliament concluded ; the flourishing of the church obtained ; the peace of the kingdome setled ; and all divisions amongst us reconciled , amen . printed at london for thomas cooke , . finis . england's miserie, and remedie in a judicious letter from an utter-barrister to his speciall friend, concerning leiutenant [sic] col. lilburn's imprisonment in newgate, sept: . utter-barrister. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing o b thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) england's miserie, and remedie in a judicious letter from an utter-barrister to his speciall friend, concerning leiutenant [sic] col. lilburn's imprisonment in newgate, sept: . utter-barrister. overton, richard, fl. . lilburne, john, ?- . wildman, john, sir, ?- . sexby, edward, d. . p. s.n., [london : ] variously attributed to richard overton, john lilburne, john wildman and edward sexby. caption title. imprint from wing. annotation on thomason copy: between sept: and : " " " br th" [i.e. september th]; "lilburne's owne". reproduction of the original in the british library. eng lilburne, john, ?- -- early works to . levellers -- early works to . great britain -- politics and government -- - . a r (thomason e _ ). civilwar no england's miserie, and remedie: in a judicious letter from an utter-barrister to his speciall friend, concerning leiutenant [sic] col. lilb utter-barrister d the rate of defects per , words puts this text in the d category of texts with between and defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion england's miserie , and remedie . in a jvdiciovs letter from an utter-barrister to his speciall friend , concerning leiutenant col. lilbvrn's imprisonment in newgate , sept : . kind sir : out of the firme confidence and certain knowledge which you seeme to have of the integrity and honesty of lieutenant co●lonel lilburne , and that his letter of the .th of july , containes nothing but truth , i send you here my sense and opinion concerning his imprisonment . and for the clearer explanation of what you demand , and our better understanding of one another , j conceive it necessary that we be at a point upon these two things . first , what the house of commons is ; next , for what end and purpose they are conveened and called together . j beleeve you agree with me , that the house of commons is nothing lesse , then the representative body of the people , elected and sent up , by the severall shires and burroughs respectively ( and joyned with the two other states ) of capacitie to make alter , abrogate lawes , as occasion shall require ; to heare and relieve the grievances of the people , and to reforme what is amisse in the common wealth . here is the character and description of the house of commons ( which themselves ( i thinke ) will allow of ) and here is the end and purpose for which they serve . in this description you may plainly see , two bodies of the people , the representative and the represented , which together make up the body of the common-wealth ; and of this later , lieutenant collonel lilburne is an eminent member . now , for any man to imagine that the shadow or representative is more worthy then the substance , or that the house of commons is more valuable and considerable , then the body for whom they serve , is all one as if they should affirme , that an agent or ambassadour from a prince , hath the same or more authority , then the prince himselfe , which in matters of proxie for mariage , i believe no prince will allow of . j will not undertake to define the limits of power or extent of parliaments , having found the practice in my reading more or lesse , lengthned or shortned ( like a paire of stirrops ) according to circumstances , and current of times , or the weaknesse or power of the prince under whom they serve , who hath for the most part subjected them to his will , and made them act his designes . neither will i goe about to cast the apple of division betwixt the people and their agents , who should be linckt together by common interest and mutuall respects of common preservation ; yet this much i cannot forbeare to intimate , that the one is but the servant of the other , the house of commons , i meane of the people , elected by them to provide for their welfare and freedomes , against all in-bred tyrannie or foraigne invasion , which by reason of their numbers , they cannot conveniently doe in their owne persons without hazard both of confusion and desolation . but to come to our businesse , mr. lilburne complains , that three times since the first of may last , he hath been imprisoned by authority from the house of commons , before he knew his accuser or accusation , or was suffered to speak one word in his own defence : certainly , theeves and murtherers , taken in flagranti delicto , in the very act of a haynous crime , are not thus hardly dealt withall . this cals to my mind the very words of a member of the house , mr. edward stephens by name , uttered with passion openly in westminster hall , in a case of the like injustice , viz. that we have not withdrawne our selves from our obedience to the king , to yeild our selves slaves and vassalls to the tyrannie of our fellow subjects . but you will say ▪ how shall we mend our selves , we have given our selves , lives , liberties , and all into the parliaments power ? to this i answer , that this free and abandoned confidence of ours , whereby they are intrusted with all that is deare and precious unto us , ought the rather to oblie●e them to a tender and conscientious care of the dispensation of t●● power . besides this soveraig● or legislative power ( which they make use of ) is not lent them for the ruine and destruction of our lawes and liberties ( no more then the kings prerogative ) but for the edification and strengthning of the same in particular , as well as generall . the abuse and overflowing of this power , is odious to god and man ; for princes , or what state soever , when they arrogate to themselves an unlimited jurisdiction , do degenerate into tyrants , and become hostes humani generis , enemies of mankind . and the angels ( which would be like to the most high ) were by his just judgement changed into the most wretched of all creatures : it belongs to god , and to god alone , to rule by the law of his blessed will . as for princes and states , when they break out into exorbitancy , and will be immitators of the power of god , in governing by an uncircumscribed authority , they run themselves into inevitable mischiefs , and the people ( whom they serve ) into unavoidable inconveniencies , and this comes to passe of necessitie ; for every state governed by fantasticall and arbitrary power , must needs be floting , inconstant , and subject to change ; besides , man is naturally ambitious and apt to encroach and usurpe upon the liberty of his inferiours . hence is derived that excellent maxim , melius sub iniquissima lege , quam sub aequissimo arbitro vivere ; it is better live under a rigorous and unjust law , then an arbitrary government though just , the reason is , because by the first , he is at certainty and knows what he must trust too , the last leaves him uncertaine and so in danger . but to returne to lievtenant collonel lilburne , who stands imprisoned by a vote of the house of commons for refusing to answere to the committees interrogatories , before cause shewed of his former imprisonment . j am informed by some members that this vote was obtained by bastwicke surreptitiously , when the house was thinne and emptie ; and therefore i conceive he may appeale from the house thin and emptie , to the house full and compleat , if this will not be accepted of , why should he not appeale to the people . for buchannan an author without reproach in his booke ( de jure regni apud scotos , concerning the scottish lawes ) doth boldly and positively affirme , supremam potestatem esse in populo , the supreame power to be in the people . and before buchannan , the common-wealth of rome ( which remaineth a patterne and example to all âges both for civill and military government ) i say this common-wealth in its best perfection did allow of this last refuge or appeale to the people . to this purpose , titus livius an unreproveable author , speakes in these tearmes . decad. . of his history . c. flaminius was the first ( or one of the first that un●●●standing the majestie of rome to be indeed wholly in the people , & no otherwise in the senate ▪ then by way of delegacy or grand commission , did not stand highly upon his birth and degree , but made his addresse to the multitude , and taught them to know and use their power over himselfe , and his fellow senators in reforming their disorders : for this the commons highly esteemed him , and the senators as deeply hated him , &c. but i hope the wisdome and providence of the parliament will prevent these extremities ; yet i cannot but put them in remembrance , that small sparkles do oftentimes occasion great fires . and that the english nation is sensible of nothing more then the breach of their liberties , and of violence offered to the freedome of their persons . witnesse the magna carta thirty times confirmed by the princes of this jland ; and witnesse the cheerefull readinesse of the people to serve the publique in this present great quarrell . and let no man dreame that the parliament may trench boldly thereon without check . a sillie conceit and aggravating the offence ; for a dog that devoureth his owne kind , we account more unnaturall , then a lyon or a beare of another kind ; besides the heart burning which is easily kindled when our owne fellowes domineere over us . there are but ●wo things of ●uing a people either by feare or love , the first may be more agreeable to master corbitt as sutable to his gallant and imperious nature , or to sir robert pyes canine humour , but is brittle , and will last no longer then the fome which supports it . the second of love , is safe and durable . camillus the roman speakes of it in two words , firmissunum imperium quo obedientes gaudent , the most stable lasting government under which the people rejoyce and live cheerfully . but lilburnes case is singular , that a member of the body represented ▪ 〈◊〉 free borne subject , in life and conversation without exception . considerable both in his actions and sufferings in this great cause , that such a subject contrary to the tennor of magna carta , contrary to the late covenant and petition of right , yet and the direct rule alleaged in scripture , should be three times imprisoned without shewing cause by a parliament professing reformation , and defence of our lawes and liberties , and without any urgent or apparent necessity of state enforcing it . this j professe is to me a riddle beyond all that this monstrous age hath brought forth ; i need not say how much the publique libertie , is wounded in the injurie doubled and trebled upon their fellow member , nor the consequences thereof , which if drawne into president , who can count himselfe free ? nor the consequences of a wicked sentence , ( which as chancellor bacon sayes ) is infinitely worse then a wicked fact , as being held a president or patterne , whereby oppression beginning upon one , is extended as warrantable upon all . and this conclusion he draweth out of this place of scripture , fons turbatus pede et vena corrupta , est justu● cadens coram impio . a just man falling into the hands of the wicked , is like a fountaine troubled with the foot , or the urines corrupted in the bodie . the horror of this sentence hath stricken the generality of the people with amazement , to behold the kid seething in the milke of the damme , that is to say , the chambers of justice ordained for our comfort , preservation , and safety , unkindly wrested to enslave , ruine , and destroy us . surely after-ages when they shall ponder these proceedings in cold and sober blood will be ashamed to own the actors for their parents or predecessors : and it is to be feared that the stones from the pavement , will rise in judgement one day against the abusers of the trust committed unto them . and let no man deceive himselfe , to thinke with sencelesse and frivolous distinctions to award the dishonour and danger , which may arise to the parliament hence ; as to say that the great charter is but suspended as to lilburne , but not abrogated ; and that the duty of the parliament is to provide for generalities , but is not at leysure to attend particular grievances ; these answeres satisfie none but ideots , or those that suck profit under their command . j mentioned before the danger and dishonour arising to the parliament hereby , which of necessity must ensue , for seeing that omne imperium in consensu et assensu parentium fondatur plinius , paneg. all lawfull empire or soveraigne command hath its basis or firme foundation in the consent , approbation and good liking of the people ; a rule without exception . what consent or good liking can bee expected from those who dayly see themselves abused , in their liberties ; and ruined in their estates ? nay , what hope of redresse , when as our petitions will not be accepted without great friends in the house ? to be short , it is not credible that either people or person , in any outward condition under which they mourne , sigh , or groane , will continue any longer therein , then they have occasion of good termes to be delivered , according to the saying of liv. lib. . non credibile est illum populum , vel hominem denique , in eâ conditione , cujus eum poeniteat , diutius quam necesse sit mansurum . hence it must necessarily follow , that the multitude toucht to the quick in their liberties and means of living , will be easily perswaded to shake off all bonds of obedience , so necessary to the magistrate ; and to cast the blame of their sufferings upon the authors , either as false to their trust , or uncapable of the great weight of authority committed unto them : for who but a mad-man will yeild obedience unto those , who are regardlesse of their lawes and liberties , or negligent of the means of their subsistance , livelihood , and safety ? the maine and only ends for which they are conveened and called together ; and not to provide offices for themselves , or to sollicite the causes of their particular friends , sometimes the greatest enemies of the state . i beseech you passe not lightly by these confiderations as idle and vaine feares ; for who shall hinder the multitude , if stung with a lively sence of their lost freedoms , and means of subsisting ; they shall endeavour the re-gaining thereof by some sudden attempt ; seeing that ( if the worst happen ) they cannot be in much worse condition then they now are : as to the committee for examinations ( mentioned in mr. lilburns letter ) which ought to be the touchstone , whereby to discern gold from counterfeit : and in equity and reason , ought to be free , equall , and open as well to the plantiffe , as defendant ; especially in criminall causes : but in cases of treason , or which concern the publique safety , ought rather to lend an attentive eare to the delators or accusers , then any way to discourage them : for if these necessary evills shall be disheartned , who will watch over the safety of the state ? besides , it is more safe and tollerable in the condition wherein we now are , that a mischief should happen to one man , then a ruine to the whole kingdome . as to this committee , i wish from my soule , that leiutenant colonell lilbvrne were the only complainant against them : let westminster-hall , the exchange , and other places of publique meeting , inform you ; what making of sides , browbeating of witnesses , baffeling of evidences , facing , and out-facing of the truth ? what impertinent distinguishing and abusing the formalities of the law , is there complained of ? and all this noise and turmoile to help a knave out of the briers . it were more for the honour of their justice , and the satisfaction of the people , if the usuall forms of proceeding in cases of charge of treason were observed : that is , that the person accused , were secured ; and the accusers heard with all equanimity , patience , and attention : whereas on the contrary , the accused is permitted to sit down covered , as peer and companion with the commissioners , and to arraign his accusers . o wretched times ! o miserable england ! which doest labour with all the symptoms , marks , and tokens , of a declining and dying state ! injustice avowed ; treason , countenanced ; oppression , become familiar , almost legall ; oaths , protestations , and covenants solemnly made in the presence of god and man , slighted , and set at nought : then to fill up the measure of our sorrowes , a civill war within our own bowels , nay almost in every family : and last of all , a generall corruption of manners , which assures us the malady will be lasting , if not incureable : what will be the end and issue of all this ? seeke to that oracle which cannot lye . propter injustitiam , et injurias , et contumelias et diversos dolos : regnum a gente in gentem transfertur , ecclesiasticus , chap. . verse . because of unrighteous dealings , injuries and riches got by deceit , the kingdome is translated from one people to another . to the reader . christian reader , having a vacant place for some few lin●● j have made bold to use some of major george withers his verses out of vox pacifica , pag. . let not your king and parliament , in one , much lesse apart , mistake themselves , for that , which is most worthy to be thought upon : or , think , they are essentially , the state ; let them not fancie , that , th' authority and priviledges upon them bestown , conferred , to set up a majesty , a power , or a glory , of their own . but , let them know , t' was for another thing , which they but represent ; and , which , ere long , them , to a strict account , will , doubtlesse , bring , if anyway , they doe it wilfull wrong : for , that , indeed , is , really , the face , whereof , they are the shadow , in the glasse . moreover , thus informe them , that , if either , they , still , divided , grow from bad , to worse ; or , ( without penitence unite together ) and , by their sin , provoke him to that course ; god , out of their confusions , can , and will create a cure ; and raise a lawfull-power , his promise to his people to fulfill ; and , his , and their opposers , to devour . yea , bid both king , and parliament , make hast , in penitence , united , to appeare : l●st , into those confusions , they be cast , which will affright them both ; and , make them feare , and , know , there is , on earth , a greater-thing , then , an unrighteous parliament , or king . finis . compendium politicum, or, the distempers of government under these two heads, the nobilities desire of rule, the commons desire of liberty : with their proper remedies, in a brief essay on the long reign of king henry iii / by j.y. of grayes-inne, esq. yalden, john. approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; 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(eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) compendium politicum, or, the distempers of government under these two heads, the nobilities desire of rule, the commons desire of liberty : with their proper remedies, in a brief essay on the long reign of king henry iii / by j.y. of grayes-inne, esq. yalden, john. cotton, robert, sir, - . short view of the long life and raigne of henry the third. [ ], p. printed for robert clavel ..., london : . reproduction of original in bodleian library. based on sir robert cotton's a short view of the long life and raigne of henry the third. errata: p. 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't is hard for a cock-boat to venture to confront a storm , when the ablest ship must be in a great deal of danger . these tempestuous times seem to threaten shipwrack to the common-wealth her self , and what must a single member thereof expect , when he steers himself betwixt the violence of opposite interests and factions ? liberty ! liberty ! was too lately the cry , when in the consequence the whole kingdom laboured under the greatest tyranny and slavery ; and those that affect the people with that , surprise them to their own purposes , in the unjust and covert propagation of their own affected superiority : thus you see the rocks on both sides , and from your exemplary moderation i have studied and learned an impartial guidance in these distractions of time . happy is he who can discriminate his judgement , and ( in these times ) anchor his affections in the blessed haven of peace , and infallible impartiallity . we ought to be as sollicitous about the lawfulness of the means , as about the goodness of the end ; it is a rule in ethics that bonum oritur ex integris , and in christ's schole , that we must not do evil that good may come of it ; and we may possibly prevent future cousenage , if we examine the lawfulness of every circumstance leading to the end propounded , before we are tickled and transported with the beauty of the pretence . this armour i have always thought and learned from your excellent example , and from the principles laid down by the best authors to be faction proof . this compendium as your relation claimes your care ; and under that pretence the author is emboldned to thrust it into your closset . it claimes your perusal , because it is political , and strikes at the root of such errors as are too frequently visible both in the prince and people : under the government of the first you are concerned in respect to the king's care , as your sovereign , and under the obedience of the latter , with relation to your duty , and allegiance as his subject . it had been needless to have writ any epistle at all , had i had no designe more necessary , than that of commenting on my labour ( the full bulk whereof extending it self not beyond the bigness of a moderate dedication ) but the most enforcing enducement was that of taking hold on this occasion publickly to exert my gratitude . and that the world may know how much i am obliged always to render my self , your most faithful friend and affectionate nephew john yalden. grayes-inne feb. . . to the reader . reader , i must first be so just to my self as to avoid pliny's malediction a-against those thieves who will steal even an whole author , and not so much as add to the sense one paragraph , or alter one syllable in the phrase , reprehensione dignum est , majorum tacere nomina , & eorum sibi appropriare ingenia . whereas ( saith the same author ) benignum etenim est & plenum ingenui pudoris fateri per quos profeceris ; nevertheless i can only tell thee this , that i have changed both the phrase ( to a finer allay ) of my author , i have added many whole paragraphs and pages to pursue his excellent designe , which he had only framed , not compleated ; and which came to my hands in the form of an old musty manuscript , which was not capable to tell its author's name , and very difficult to express its designe , being in many places prejudiced by time ( that edax rerum ) to a great imperfection . i thought it therefore best not to thrust it into the world crippled and injured as it was , nor to amend its old expressions with a new sort of dialect , on purpose to avoid piecing and patching ; and if yet any thing of lameness shall remain , be thou not a noverca , but rather a nutrix , extenuate thy candor and suppress thy prejudice and if thou pleasest to take the pains thou hast as much right to put it into a better dress , which i commend to thy sufficient ability . yet nevertheless it is expected from some that this will be upbraided with bastardy , and be despised and hated as filius populi , by that abounding and multitudinous sort of people who are called partialists , who always wedded to their own particular lusts and private interests , that are factious even to rebellion and tyranny , that will neither give god nor caesar his due : notwithstanding it is resolved to venture , knowing that no sorrow is sudden to an expectation ; and that it will find some ( though but a few ) that will both commend and protect it . it will court all but flatter none : it is the hand that points at the princes right and the peoples liberty . it is that little costick which will twinge all such whose corruptions are ripe for separation ; and though it may make them wince at the touch of their thwarted passions ; yet it is the surest means to work the cure , if they will be perswaded to endure the pain . the design of this is to sweeten the seeming bitter severities , yet just necessities of government and render them plausible and palliable to the people , that so they may delight more in their duty to obey than the sovereign in his power to command ( legum servi sumus ut libri esse possumus , saith cicero ) and the prince ( on whose head is placed both at once the weight and glory of a crown ) and the people may both mutually know ( since the burthen of a crown is first understood before the glory is perceived ) that grandure is both to compensate as well as dignify the toyles and difficulties of government . bracton saith nihil aliud potest rex , in terris cum sit dei minister & vicarius , nisi id solum quod de jure potest , which is an axiome that puts reciprocal bounds of justice and goodness , both to instruct the prince in his duty and behaviour towards god and his subjects , and the people in their due obedience to their sovereign , since the king is none , but the almighty's substitute or vice-roy , and consequently to be questioned for his actions , or punished by none but god himself , who is not to be hastned or directed in the disposition of his vengeance , but rather entreated by hearty : prayer for the removal of his plagues and judgements . i stand amazed when i consider the many factions and seditions amongst us , that these kingdoms are not already the subjects of irritated justice : when i hear the open murmurs , and see the many treasonable libels in these licentious times ; the prince abused , and the people deceived by instruments of darkness and wicked practices , by such men , or rather monsters , who when they most violently cry up the kingdomes good under the necessity of reforming the manners of magistracy , they onely aim at the destruction of peace and innocence , which is the hated object of such devouring vultures . hence i foresee the imminent dangers and miserable calamities that every moment seems to threaten inevitable miseries on these divided kingdoms . one may perceive the dreadful storm hanging , as it were , immediately over our heads , we are confounded on all hands , and the disease seems almost remediless ; rome's horrid plots are not yet fully detected , and god knows how much of the good old cause remains yet to this day in the hearts of partial and ill affected puritans . these two are the sylla and charibdis of our misfortunes , and seem to make but one body , because they aim at one end , the destruction of our lives , religion , and government . let the king and people therefore of the established church of england take as much care against the hatred of a puritan as against the malice of a jesuite , the contrivances of the latter ( being commonly prevented ) having never acted so vile a tragedy , as the principles and practices of the former . the pope in all his bulls and interdicts cannot fulminate more maledictions than have been reduced into practice amongst our jesuited fanaticks . let us then beware of these two ; be obedient to our king ; and his majesty careful both of himself and us ; let the laws be duely practised and observed , and then the king , our lives , religion and government will be safely preserved . farewell . errata . page . line . read such tortious . p. . l. . r. would not . p. . l. . r. any matter . p. . l. . r. as the , l. . dele b. p. . l. . r. and popularity . p. . l. . r. the king's necessities . p. . l. . r. former restrictions . p. . l. . r. view of . p. . l. . r. inraged . p. . l. . r. so the. p. . l. ult . r. and precipitation . p. . l. . r. almost , l. . r. bestowing . compendium politicum , or , the distempers of government , with their proper remedies , in a short essay on the long reign of king henry iii. scarce was that unfortunate prince , king john , entombed within the bowels of the earth , but the people , wearied with the heavy burthens of his time , but more especially with the lingring calamities of civil arms , and the affrighted fall of that prince , their licentious and unhappy sovereign ; but all men stood at gaze expecting the event of their long desires , peace , and the issue of their new hopes , their own particular benefits , for in all changes of government , and in every shift of princes , there are few either so mean or modest , that please not themselves with some probable object of preferment . but for the general satisfaction and composure of the minds of all , a child ( whose auspitious looks seemed to portend the common good ) ascends the throne ; milde and gratious , but easy of nature , whole innocency and natural goodness ( the paths of the almighty's providence ) led him safe along the various dangers of his father's reign : happy was he in his uncle william marshall earl of pembroke , the guide and moderator of his infancy , and his most faithful counsellor for no less than thirty years after , whilst de burgo ( that fast servant of his father 's against the french both in normandy and england ) with bigot earl of norfolk , and others of great gravity and experience , did govern , and by their counsels conduct the whole affairs of the kingdom . few , and none others , were the distempers of state , but such as are incident and concurrent in all , viz. the nobility's desire of rule , and the commons of liberty : fulco de brent , de fortibus and some others , men that could onely thrive by wars , the ballance of whose lives was their keenest swords , ready at all adventures to abscind the right and peace of others ; these , and such men misliked those days of sloth ( for so they termed the calmness and tranquillity of king henry's government ) and the rather for that the justice of quiet times urged from them to the lawful owners , tortious possessions and unlawfull seisins as the sury of war had unjustly given them , and finding that the king would make his prerogatives as sacred in their use as they are in their stile , and that his majesty would not suffer his power of protection to be made a stalking-horse to the rapines and injustices of wicked men , making good that maxim , rex hoc solum non potest facere , quòd non potest injustè agere : they fell out into the rebellion that with it ended their lives and competitions , professing that the swords which had set the crown upon the sovereign , when neither majesty nor law could , should secure those small pittances to their masters , when majesty and law could not : dangerous are too great benefits of subjects to their princes , when it maketh the mind capable of merit , nothing of duty : ambitious men are dangerous in councils , and disturb the quiet of the commonweal , more than the passionate winds can toss or prejudice a ship in the ocean ; no other turbulences did the state after feel but such as are incident in all , the malice of authority . good and great men may secure themselves from guilt , but not envy ; for greatest in trust for publick affairs are still shot at by the aspiring of those who deem themselves less in employment than merit . these vapours did ever and easily vanish , so long as the helm was guided by temperate spirits , and the king tied his actions to the rule of good counsell , and not to young , passionate , or single advice . thirty years now passed , and all the guides of his youth dead but de burgo , a man in whom nothing of worth was wanting but moderation , when length of days giving him advantage of sole power , his ambition and age gave him desires and art to seclude others , which wrought him into the fatal envy of most , and that was increased in the title of earl , and an office the king gave him . time by this had wrought , as in it self , so in the affections of the people a revolution : the affliction of their fathers forgotten , and the surfeit of long peace ( perchance ) having led in some abuses ; hence the commons , to whom days present seem ever worst , commend the foregone ages they never remembred , and condemn the present , though they neither knew the disease thereof nor the remedy . to these idle and pernicious humours of the unwary and unsteady rabble , some young and noble spirits often adhere , who always covet action and rarely consider the consequence , who being as ignorant as the rest , first , by fullying the wisdom and conduct of the present and greatest rulers ( making each casual mishap their error ) seem to decipher every blemish in government , and by holding meer imaginary and fantastick forms of government , flatter their own belief and abilities that they can mould any state to those general rules , which in particular application will prove idle and gross absurdities : confirmed in their own worth by somerie and spencer , they take it a fit time to work themselves into action and authority , a thing very long desired , and now ( though unwilling to seem so ) sue for , and covet it , but the king taught them by the new earl consilia senum , hastas juvenum esse . and that such wits ( for so they would be stiled ) novandis quam gerendis rebus aptiores . fitter in being factious to disorder than to settle affairs , either delayed or denied their desires , for wise princes will ever chuse them ministers , par negotiis & non supra . creatures that are only theirs , otherwise without friends or power ; it is not the least happiness for princes to be served with good subjects equal to their affairs , for those abilities that are above their employments cause negligence , and those that are beneath , ruin of the agent : amongst this unequal medly , there were of the nobility richard marshal earl of pembroke , gloucester , and hereford , darlings of the multitude , some for the merits of their fathers , whose memory they held sacred , as pillars of publick liberty , and opposers of incroaching monarchy at rumney meade ; and of the gentry , fitz-geffery , bardolfe , gresley , maunsel , and fitz-john , spirits of as much acrimony and arrogant spleen as the places from whence they were elected , ( camp , court and countrey ) could afford any , these designe to compass their ends by force , whilst the others effect their purposes by obscure arts and cunning contrivances , too well knowing that ars vim superat , yet though the latter by their subtle policies could over-reach their competitors , they could never prevail over wholesome and honest counsels : but all minds being as much disturbed as their interests were divided , and designs frivolous and fruitless , and that so long as the king followed the counsels and directions of the earl of kent , they had small hopes of their desires and mischievous purposes , they made frequent and often meetings , and as one saith of them clam & nocturnis colloquiis . in the end somerie and spencer , two that were far in opinion with the rest , whose education qualified them in all respects for greater imployments than any of their times , they having the advantages of forreign experience in their travels abroad , and well understanding the individual interests of the king and his neighbours ; upon these grounds they glossed their own merits , and set upon their own deserts , the best places when the stream should turn , which one of them ( spencer ) did most unworthily obtain , for he raised in actual rebellion justiciarios angliae against his sovereign , and advised that the best means to remove that great and good obstacle , the earl of kent , out of the way of their preferment , was by sifting into his actions and siding with his opposite , and most implacable enemy peter bishop of winchester , an evil man but gracious with the king , aiming to drive out the most worthy by the worst of men : that being their maxim , they made no doubt they should be able to remove the instrument of their intended villanies ( the haughty bishop ) by dilating his particular vices , and making them conspicuous , and him notorious both to king and people , which will be ever more possible as he is more potent , and so conclude to remove him at their pleasure , or else this must be the way , to give the king over to such ministers as would certainly cut off the affections of his people , and consequently render the government odious : so they doubt not ( though the first stratagem miss ) that this must certainly hit the mark , and light them the way to their dark and evil purposes , honores quos quieta republica desperant , perturbata consequi se posse arbitrantur . this counsel being heard and approved must now be put in practice , the corrupt and ambititious bishop is drawn to their party by money and an opinion of increase of power ; men are most easily corrupted in the supreamest fortunes , where lusts may have the advantage of being armed with power : articles are in all hast forged and urged against the good and innocent earl , as , sale of the crown-lands , wast of the king's treasure , and lastly that ( which those ambiguous times held capital ) giving allowance to any that might breed a rupture between the sovereign and the subject , which they charged to be his design ( to work some machinations of his own against the government ) and to have been done by him , in working the king to annihilate all patents granted during his minority , and enforcing the subject to pay as the record it self mentions , non juxta singulorum facultatem , sed quicquid justiciarius estimabat . but the good earl stood upon his own legs and opposed his innocence singly to shield him from the mischiefs of their wicked purposes , and he cleared himself of all their false accusations ; but they did worthily perish by their own swords , for arts that fit princes , end ever in the ruin of the first inventors : bad times corrupt good counsel and make the best ministers yield to the lusts of princes , irridenda est eorum socordia , qui presenti potentia credunt extingui posse sequentis aevi memoriam . therefore this king cannot pass blameless , that would so easily banish all former merit of so good a servant for that wherein himself was chief in fault : but princes natures are more voluble and sooner cloyed than others , their favours transitory ; and as their minds are large , so they easily out-look their first elections , having no farther necessity in the fastness of their affections than their own satisfactions : when it is once past noon with a court-favourite , it is suddenly night with him . the eminent vertue of men , if it be not the cause of their natural , is frequently of their civil and political destruction ; at first they are sought to , and raised by the necessities of the prince , and under colour of the same pretext , or cause , they meet with ruin ; the tree that was esteemed for its shadow to shelter us from the heat of the summer , is afterwards cut down to defend us from the cold of the winter ; the same man whom princes advance , and embrace in the heat of their necessity , is he whom they cut down in the cold of their jealousie . the bishop now sits at helm and mannageth the state as he pleases , having chosen for his instruments , peter rivalis , a man like himself ; he displaceth the natives , and obtrudes the britains and other foreiners into offices and places of the largest benefit and greatest trust : by whose conduct in affairs , the king is drawn into an evil opinion of his people : for nothing is more intolerable with and against the nature of the english , than to have strangers rule over them . of these times wendover an authour then living , saith , judicia committuntur injustis , leges ex legibus , justitia injuriosis . thus the plot of the tumultuous barons went clear , and had not the discreter bishops calmed all by dutiful perswasions , informing the king of the pernicious consequences that must inevitably follow this bad mans counsels and power , whose carriage before had lost his father normandy , his treasure , the love of the people , and in that the crown , and would ( by teaching the son passionately to reject the just petitions and rights of his loyal subjects , as of late the earl of pembroke earl marshal of england , the due of his office ) drive the whole commonweal into distraction and discontent , by his bad advice and corrupt manners ; and doubtless the rebellious lords had ended this distemper as they designed in a civil war , had not these and the like wholsom counsels stopped them in their career . denials of princes must be supplied with gracious usage , that though they cure not the sore , yet they abate the sense of it : but it is best that all favours flow directly from the princes themselves , as the proper fountains of principal goodness and mercy : denials , and things of bitterness from their ministers , are the proper heralds of their justice . thus are the strangers all displaced and banished : b. rivalis extortions , ransackt by many strict commissions of inquiry , the bishop himself sent disgraced to his see , finds now that nulla quesita scelere potentia diuturna : and that in princes favours there is no subsistance betwixt a mediocrity and precipitation ; so dangerous are the ways of majesty , and men so foolish as to quicken their approaching ruines , by their partial counsels , the effects of their own indulgence to their wicked politicks : policy is a sea so inconstant and so turbulent , that there is no place to be found in it where we have not seen one or other cast away ; it is a piece of architecture so decayed , that it always threatens to tumble . the affections of a corrupt mind , like those of a diseased body , are always pernicious : the lords begin now to sow upon this late ground of the peoples discontent , querelas & ambiguos de principe sermones ; and take the readiest way to destroy the government , by slandering the king and his counsels , which is the best expedient for them to procure the peoples affection , who always love change ; and those who have the greatest tyranny in projection , will be the most vehement and earnest assertors of the peoples liberties and power , or popularity acquired by fraud or violence , will never be imployed in the exercise of justice : the king whose nature was too gentle for such insolent spirits , was forced as fre. saith ) to seek as he presently did the advice and counsels of strangers , seeing his diligent care and greatest merits could not procure or purchase it within his own dominions ; all bearing and behaving themselves more like tutors and controllers , than like subjects and counsellors . 't is the almighty that rules the hearts of princes , and 't is he alone that can pry into , prosper , or divert their purposes : nihil est quod deus efficere non potest , & ullo sine labore ; 't is he whose auspicious providence ever works , and yet never labours , but is eternally concerned in the preservation of all sublunary beings ; more especially of those whose eminence exceeds all others ( as princes do ) and stands next in relation ( in respect of their office ) to the same providence that finds means both to preserve and direct them : whilst by the former factions , the affairs of state seem to go retrograde ; heaven sends the king such a counsellor as the necessity of those times required : mountfort a french-man is now become the subject of the kings favours ; and the choicest object of his delight ; a gentleman of noble blood , and ample education ; whose comely features and exact delineaments seemed nevertheless to adapt him more for a mistress than a counsellor . the king seemed to be never more concerned than when this favourite seemed to be troubled , and on this mans content , the strongest affections of his prince did so dote , that at the first essay of the kings favours and grace , his majesty ( in spight of the nobility ) created him earl of leicester , and in no less offence of the clergy ( by violating the rites of holy church ) gave him his vowed vailed sister to wife . more of art than usual , some have deemed this act of the kings making the tye of such dependency , and the strength of this assurance both at his will. mountfort made wanton thus with the dalliance of his master , sorgetteth his moderation ; for discretion in youth seldom attends great and sudden fortunes : he draweth all publick affairs into his own hands ; all favours must pass from him , all preferments by him : the king stands but as a cypher to add the greater number to this figure ; and his majesty thought himself never more secure and glorious , than when this state-statue was most adored ; there was such a perfect union betwixt them , that the crosses and prosperities of the one , were bewailed and accepted by the other , and the king looked upon him no more as a subject , but as his dearest friend and most familiar companion . great is the soveraign's errour , and dangerous his condition , when the hope of subjects must acknowledge it self beholding to the servant for matters of the greatest importance , and acts of the greatest grace , which ought always to be owned as the immediate bounty and good election of himself . the most eminent exertions of the soveraigns grandeur , is always conspicuous in the most elevated choice of great actions ; for , non vacat exiguis rebus adesse jovi ; the poets feign , that the universe is born on the shoulders of atlas . so great actions ( which ought always to be the princes own work ) are the best supporters of universal soveraignty : though princes may take above others some cabinet friend , with whom they may participate their nearest passions , yet 't is their greatest prudence , so to moderate and temperate the affairs of their favourite , that they corrupt not the effects of their principalities : mountfort is this minion which grated the spirits of the great men , and they conclude him unworthy to deal alone in those matters which should pass through their hands , and are implacably incensed to see him leap over all their heads to the greatest honours and offices ; they presently run along with the rising grace of the kings half-brethren , ( though strangers ) hoping thereby to divide that power which otherwise they saw impossible to break . leicester confident of his masters love , and impatient to bear either rival in favour , or partner in rule , opposeth them all , and arrays his audacity against their malice ; yet he found in the ebb of his fortunes the mischance of others ; that this king could as easily transfer his fancy , as he had unadvisedly settled his choice . great ( we see ) must be the experience and cunning of that man that can pilote himself amidst the various streams and sudden gusts of princes favours , since the mutability of their affections are as certain , as their resolutions are difficult to be fixed : whosoever intends to effect this , must not aim only at the honour and service of his master , dispoyled of all other respects , transform himself into his inward inclinations , work into a necessity of emplyoment , by undergoing the offices of greatest secresie , either of publick service , or princes pleasures , he must tumble down competitors of worth by others hands , conceal his own grandeur in publick , with a pretended humility , and what in popularity or government he affecteth , let it rather seem the work of others , than any appetite of his own . thus were the reigns of government ( by this advantage ) made by the rebellious lords , put solely into the hands of the kings half-brethren , adam guydo , and godfrey , and william himself as before ; ex magnâ fortuna licentiam tantam usurpans : so now to act his own part was warily withdrawn , when he had such eminent and worthy relators of all his actions about the king , as would frequently for his honour and advantage opportunely urge them . these masters ( as wallingford termed them ) tanta elati jactantia quod nec superiorem sibi intelligunt nec parem , mellitis , & mollitis adulationibus animum regis pro libito voluntatis ex rationis tramite declinantes , do alone what they list , they fill up the courts and places of justice , and trust their country-men under the conduct and rule of foreiners , exact on whom and how they please , consume the kings treasure , and dispose the crown-lands upon themselves and followers , set prices on all offences , darraign the justice of the law within the rule of their own breast , the usual reply of their creatures or servants , being to the complaints of the kings subjects . quis tibi rectum faciet , dominus rex vult quod dominus meus vult ? these strangers seemed in their lawless carriage not to have been invited , but to have entred the state by conquest , exercising rather the severities of conquerors ; than behaving themselves as good magistrates or friends , knowing that such power as is acquired by fraud , must be maintained by violence : the nobility they compel not to obey but serve , and the meaner sort to live so as they may justly say , they had nothing , bringing in the greatest miseries that an unlimited power could inflict . plenitudo potestatis est plenitudo tempestatis : yet least the king should hear the groans of his people ( which able and honest men would tell him ) they bar all possibility of access to such men , suspicion and jealousie being the best means to conceal their own defects , always aiming at the ruine of those who have more of vertue than themselves , having the greatest cause to fear them most . omnis facultas gubernandi quae est in magistratibus , summae potestati ita subjicitur , ut quicquid contra voluntatem summi imperantis faciant , id defectum sit ea facultate , ac proinde pro actu privato habendum . thus happens the incapacity of government in princes , when it falleth to be a prey to such lawless minions , the ground of all corruption in all the members of king henry's state. contagions easily attaque the fairest fortunes , and men take example generally from their prince's weakness and licentious liberty ; and greatness frequently makes gain a monopoly , which gives way to the growth of evils , and they matter nothing more than their own private lucre. a famine accompanieth these corruptions , and that so violent , that the king is enforced to direct writs to all the shires , ad pauperes mortuos sepeliendos faucis media deficientis , ( famine proceedeth ) & secutus est gladius tam terribilis ut nemo inermis secure possit provincias pervagari . for all places within the realm were left a prey to the fury of the lawless and irresistible multitude ( plebs aut humiliter servit aut superbe dominatur ) who , per diversas partes itinerantes velut per consensum aliorum ( as the record saith ) did imply that the factious lords suspected by the king , had given some heat to that commotion , seditious peers being too frequently the fomenters , but ever fuel to such popular conflagrations . neither were the church-men without their parts in this tragick work , as , walter bishop of worcester , and robert of lincoln ( to whom mountfort and his faction percordialiter adherebant ) were much engaged : these contagions infect the church as well as the state , and the clergy in such designs are rarely backward : and the disgust of the present government in the church as well as in the commonwealth , will be but one designe carried on by the united resolutions in the members of both ; for such turbulent and unquiet spirits , who propose to themselves a better fortune in the new modeling , or clean extirpation of the old , and introducing some new form of government , which always in the minds of the giddy multitude winneth an applause both for the design and the projectors , and did at this time fitly sute the peoples humour , so much distasted at the new courts of the clergy , their pomp , their avarice , and the pope's extortions : fair pretext it was to these factious bishops to use their embittered pens and speeches , which they did so severely against some religious orders , ceremonies , and state of the church , that one of them incurred the sentence of excommunication at rome , and treason at home ; for he enjoyned the earl of leicester , in remissionem peccatorum ut causam illam ( meaning the rebellion ) usque ad mortem assumerit , asserens pacem ecclesiae anglorum sine gladio materiali nunquam firmari . falsely grounding his opinion and practices on the saying of st. isidore , quod non praevalet sacerdos efficere per doctrinae sermonem , potestas hoc imperet per disciplina terrorem . it was not the best doctrine this man might plant to preach its firmation and establishment by a disordered liberty , and civil wars , when the first church propagated its discipline and doctrine by fasting and prayer : true piety bindeth the subject to deliver a good sovereign , to bear with a bad , and to take up the burthen of princes with a bended knee , hoping rather in time to merit abatement than resist authority : the vices of bad princes are to be born with the like patience as we endure dearths and tempests , or such like deviations of nature from her usual course ; because though princes ( as they are men ) may be vitious , yet as such are not immortal ; and a pious successor may repair the ruins of a former oppressor . church-men ought not to lead us in the rule of loyalty , but instruct us in the knowledge of our christian and spiritual duties , in difficult points of religion ( where an humble ignorance is a safe and secure knowledge ) we may rely on them . to suppress these troubles , and supply the king's enormities , a parliament was summoned much to the liking of these lords , who as little meant to relieve the king's wants as they did desire , and endeavour to quiet his majesties realms , their end at this time being only to discover the nakedness or poverty of their master at home , that so they may be able to diminish his credit and glory abroad , and so the better to brave out their inclinations freely ; which those licentious times did permit . here they began to be bare-faced , and audaciously to tell their sovereign that he had wronged his subjects , and injured the publique good , in that he had taken to his private choice the chief justice , chancellor , and treasurer , that should be only by the common council of the realm , commending much the bishop of chichester for denying the delivery of the great seal but in parliament where he received it . they blame him to have bestowed the best places of trust and benefit ( that were in his gift ) upon strangers , and to leave the english unrewarded . to have ruined the trade of merchants by bringing maltolts , and customs , and to have invaded the liberty of the subject by non obstantes in his patents to make good monopolies for private fauorites . that he hath taken from his subjects , quicquid habuerunt in esculentis & poculentis . rusticorum enim equos , bigas , vina , victualia ad libitum caepit . that his judges in their circuits under colour of justice do fleece the people causis fictitiis quoscunque poterunt diripuerunt . and sir robert de parslaw had wrong from the borders of his forests under pretence of incroachments , and asserts great sums of money , and therefore they wonder he should now demand relief from his so pilled and polled commons , alledging the saying of tiberius , quod boni pastoris est pecus tondere non deglubere , and that by these , and such like former extremities , et per auxiliae prius data , ita depauperentur , ut nihil habeant in bonis . and therefore they advise him that since his needless expence ( posteaquam regni caepit esse dilapidator ) was summed up by them to above lib. it were most just and expedient to retrench or resume from his favourites who had degluberated the kingdom 's treasure , divided the old lands of the crown , for , and amongst , themselves . some of them they undertake to describe : saying one is clericus militaris , or , literatus miles , that in a short space from the possession of an acre had grown up to the inheritance of an earldom . and that maunsell another inferior clerk did constantly expend marks , as the product of his yearly revenue , whereas a more compendious stipend would have more aptly suited the dignity of clerks better qualified than with the mean and ordinary fruits of a writing-school . notwithstanding all which grievances , if a moderate supply would suite with the king's occasions they were content to perform relief in obedience , and as the * desert of his carriage towards them should merit , and so ( as the record saith ) dies datus fuit in tres septimanas ut interim rex excessus suos corrigeret , & magnates voluntati ejus obtemperarent . at which day upon his majesties new grant of the great charter , admittance to his council of some persons elected by the commons , and promise to rely upon natural subjects of england , and not upon strangers for his counsellors hereafter , they grant him such a supply as his occasions must shortly after oblige him again to their devotion for another . thus parliaments that were ever before the most infallible medicine to heal up any distempers or malignities , are now grown worse , and almost less desirous , than the maladies themselves , since malevolent humours and factious spirits did most of all sway in them , and the well-composed tempers had the least share and prevalency in all their consultations . thus the king did demonstratively experience the purposes of his rebellious subjects , and finding that the ebb of his treasure caused his calamities to flow the higher , he begins to play the good husband , conclude all extravagances , and close the mouth of his overspending and over-open purse , and resolveth himselfe , though too late , to stand alone . such experience is always pernitious to the private and dangerous to the publick good of the state , when it never learns to doe but by undoing , and never sees order but when confusion shews it : yet still , alas , such was his flexibility that he could not refrain his assent to the vast , and as it were unlimited desires and importunities of his forreigners , tending to endless wast and destruction , so that an author living in those times saith it became a by word amongst the natives , our inheritance is converted to aliens , and our houses to strangers . servants to a king excessive in gifts , measure their demands by his bounty , and put them not out by reason but by example . men naturally affect no bounty but what is meerly future , the more that a prince weakeneth himself by giving , the poorer he is of friends , for prodigality in the sovereign seldom ends without the spoil and rapine of the subject , self-interested ministers ever building their power , and conceive themselves to be as arbitrary as their master's liberality to them is profuse . the kings treasure is again exhausted , and yet he resolves , that before he will submit himself again to and bear as he had done the last parliament ; so many bravadoes and strict enquiries , and severe scrutinies of his factious and disobedient subjects , he resolves to pass through all the shifts that extremity of need with greatness of mind could lay before him . he beginneth first , with the sale of crown-lands , and then of jewels , pawneth gascoigne , and after that his imperial crown : and when he had neither credit to borrow , ( having too often failed the reputation he had gotten ) nor pawns of his own to procure any more , he then engaged the jewels , and other ornaments of saint edward's shrine : and in the end , being destitute both of means and money to defray the ordinary expences of his court ; was constrained to break up house : and ( as paris saith ) with his wife and children : cum abatibus & prioribus satis humilibus hospitia quaerunt & prandia . this exigence ( that again the kings improvidence had reduced him to ) gave great assurance to the rebellious lords , they should now have the soveraign power left a prey to their ambitious designs ; and ( as the quickest expedition to such their machinations ) they covet nothing more , than that the kings necessities might be so many and so great , as to constrain him to call a parliament ; for at such times monarchs are ever less than they should , subjects more : for as the moon is furthest off from the sun which giveth her light , when she is at the full ; so bad subjects are remotest from the interest of their prince , when they are fullest of riches and ambition , and so by consequence further off from that justice and equity , which ought to give them light in all their proceedings . to hasten on the time then for this session from whence they expect so much , and to fit the means to compass their ends , there are cast abroad certain seditious rumours , that the kings necessity must supply it self upon the estates and liberties of the people ; that his majesty having nothing of his own left ; he might and meant to take from others what his own occasions did require ; for kings must not want as long as their subjects have means to supply : this never-failing touchwood took fire just to their minds , and wrought a little moving in the state , which doubtless had gone further if the king had not timely prevented by his proclamations , quod quidam malevoli sinistra praedicantes illis falso suggesserant illum velle eos de debito gravari ac jura , & libertates regni subvertere , ut per suggestiones dolosas & omnino falsas eorum corda à sua dilectione & fidelitate averterent : but desireth them , hujusmodi animorum suorum perturbatoribus ne fidem adhiberent ; for that he was ready to defend them from the oppression of the great lords , et omnia jura & libertates eorum debitas bonas & consuetas in omnibus & per omnia plenius observare . but the king seeing that he could neither right himself nor his subjects , without means and power , and himself had of neither so much as would stop the present breach in his own wants , or his subjects loyalty , he flieth to the bosom of his people for relief and counsel : at oxford they met in parliament , where his necessities met with so many undutiful demands , that he was forced to give up to their rebellious will his regal power , and lay down his prerogative to their unjust desires . here the commons knowing , that cum eligere inceperunt , they were loco libertatis , required of the king to have the management of the affairs of the publick put into the hands and under the care of twenty four , whereof twelve by their election ( to which they look strictly ) and the other twelve to be nominated by the king , who in all things else stood but as a cypher , and in this , whether by fear or remisness , filled out his number with mountfort , gloucester , and spencer : which besides the weakning of his own part , won to these late opposites an opinion of great interest they had in his favour : he hath now left neither election of publick office or private attendant : he is now constrained to despoil his brethren and their friends and followers of all their estates and fortunes , and by a writing under his own hand to banish them his dominions , commanding the ports pro tranfretatione fratrum suorum to be guided and directed by the earls of hereford and surry , and not to suffer them to export with themselves , either money , arms , or ornament , nisi in forma quam dicti comites injunxerunt : and after their departure , enjoyned the men of bristol that they should not permit any strangers , sive propinquos ipsius regis applicare in porta ; but so to behave themselves herein , that as well the king quam magnates sui merito debeant commendare . thus we see how difficult a thing it is to apply ill acquisitions to a good use , and how hard it is to fix the wavering dispositions of chance on a firm basis . richard elect of the empire , the kings full brother , and then beyond the seas , must be wrought by his own letter , and ( at his free desire ) to confirm by oath these former restrictions of regal power , which when he had performed , yet would the lords suffer neither the one nor the other to enter dover castle ( the key of the kingdom ) which they had furnished , ( as likewise most of the other forts of strength in the realm ) with guardians of their own , sworn respectively to the common state and them , taking the like assurance for the good behaviour of many towards their cause by strict commission upon oath to gain opinion in shew among the vulgar who groaned under their late extortions , whereas their design was truly ( as it after appeared ) by displacing the most faithful servants of the king , to make the way easie for their own dependants . this change of sole power from the nature and right of the ancient government into the hands of a seeming democrasie set up by popular election , made the kingdom believe ( or rather imagine ) that by this form of limited policy , they had utterly suppressed the hopes or expectation of any one man , for ever aspiring to , or dreaming more upon the imaginary humours of licentious soveraignty : but it fell out nothing so , for every man began to estimate his own worth now , and to humour his brain on every design which might encrease his power and command . the great men ( as being first in strength ) begin now to rend their masters coat , and most arbitrarily to oppress their neighbours , by seising the king and his subjects seigniories , upon none other pretence then because they lay convenient for , and bordered on their seats ; and enforce the tenants , ( as the record saith ) ad sectas indebitas & servitutes intolerabiles subditos regis compulerunt . thus they unjustly acquired great mannors to support their greater intended honours , and by misguiding the royal justice , make themselves of so many subjects ( whilst they lived within the bounds of their allegiance ) so many tyrants ( as the book of s. albans saith ) when they had renounced their loyalty , magnas induxerunt magnates regni super subditos regis servitutes & oppressiones , which they bear with the greatest patience ; for excess of misery finding no ease but on the shoulders of custom , made men satisfied with their hardest servitude by the length of sufferance , which found neither ease nor end , until the calm of this kings reign : for in all changes it is the peoples miseries that first happen , and are last redressed ; and yet the peoples destruction is the surest perspective through which the prince may have the nearest viewing of his own approaching ruine , the calamities of both being so individually concomitant , that they ever observe this order in their progress , ( viz. ) that the soveraign brings up the rear of his subjects missortunes , and leads the van of his own and their prosperities . mountfort , gloucester , and spencer , the heads of this rebellious design , having by the late provisions drawn to the hands of their twenty four tribunes the sole management of the royal authority , yet finding this power too much dispersed to accomplish the end of their purposes , force again the king at london to call a parliament , where they purchase and procure the power of the twenty four to be delivered unto themselves , and create a triumvirate non constituendae reipub , causa as they pretended , but that they might the better facilitate the means to effect their own private ends . one of them is made ( which proved fatal to him ) dictator perpetuus , ambition is never so high , but she thinks ever to mount that station which seemed lately the top , is but a step to her now , and what before was great in desire seems little when it is in power . these three elect nine counsellors , and appoint quodtres ad minus alternatim semper in curia sint , ro appoint governours for his majesties forts and castles , et de aliis omnibus regni negotiis , of the chief justice , chancellor , and treasurer , with all officers both great and small , the choice of which they reserve to themselves , and bind the king to this hard bargain upon such strong security , that he is constrained to confirm it under the great seal ; and for his stricter observance thereof to bind himself by an oath , which was in effect , to remit to them the tyes of their allegiance and bounden duty , whensoever he assumed the exercise of his royal dignity ; insomuch that liceat omnes de regno nostro contra nos resurgere , & ad gravamen nostrum opem & operam dare , ac si nobis in nullo tenerentur . hence we may see , that riches are the firmest and most steady bottom whereon to build the safety as well as glory of a happy monarchy , whose report terrifies our enemies beyond the roaring of the greatest cannons : 't is therefore the prudence of every prince not to be lavish of his purse , since the basis of government ( the glory of the prince ) is quite overwhelm'd in the gulph of an empty fortune : and it is not enough for a man in authority to have a power that may awe the judgment of the wise to subjection , unless he have a pomp or purse to , that may dazle the eyes of the vulgar into veneration . this prince , this prodigy of fortune whom she had affronted with the most pitiful and insolent examples of her inconstancy , finding no part of his soveraignty left , but the naked title ( which he enjoyed neither but by the permission of the rebellious lords ) beggeth succour from urban the fourth against his disloyal subjects ; the pope by his bull cancelleth his oath and contract , and armed him with excommunication against all such as returned not with speed to their due and old obedience . the lords at this grow incouraged , and resolve , since promises made by men ( that cannot say they are at liberty ) are light , and oaths of so a little moment , to be contented now with no gain but what they should rake out of the ashes of that monarchy they meant to destroy : they make head now against their soveraign , and the better to confront him call in to their assistance the french forces : thus the commonwealth turned her sword into her own bowels , and invited her ancient enemy to the funerals of her liberty ; so that it was a wonder she did not at this time undergo the rigorous severities of an arbitrary forein servitude . and although these men were more truly sensible of their own disgrace than others miseries , yet found they no better cloak to cover their unjust designs , than that of asserting the publick good ; and therefore at the beginning of this unhappy war , they cried out , liberty ! liberty ! although when they had finished it , they threw off that cloak of the publick good , and made that very liberty they so much cried up , give place to their own private interest and lust . those that have the extreamest tyranny in projection , will be the greatest pretenders of the publick good , and the most importunate and implacable assertors of the peoples rights and liberties ; and it is the most compendious way of imposing slavery , to raise in the multitude too passionate and eager desires of liberty : and when success attends the tyrants euterprizes , it is not the indulgence of heaven to him , but the indignation thereof towards the people . at lewis the armies met , where the king endeavours a reconciliation , but to no purpose , for perswasions are ever unprofitable , when justice is inferiour to force ; the lords resolve to decide the difference by battel , the fatal consequence of which was the captivity of the king and his two eldest sons , and so mountfort and gloucester trampling on the misfortunes of their prince mounted with the more facility into the place ( though not the throne ) of regal power , ( the effect of their long-laboured and wished for ends . ) thus all authority being devolved into the hands of these two , from whose ambition the king could neither expect safety or liberty , unless the emulous competition of grandeur ( which now began to break out between these mighty rivals ) might produce it , by verifying the old proverb , that when thieves fall out , the honest man comes to his right ; for leicester meaning to engross from his partner to himself , the kings person , and to his followers , the best part of the spoil , and so reap more fruit from the advantage when divided , than he conceived was possible to be produced , so long as he was coupled in fellowship with gloucester , where , fore he dissolved all former obligations of amity and friendship betwixt them : thus equal authority with the same power is always fatal in great enterprizes , for to fit minds to so even a temper , that both should round the same circle , and never out-look the horizon of their reciprocal interest , is a work altogether impossible . mountfort having now broken all faith with his confederate , and renounced his allegiance to his soveraign , forsook the paths of integrity and moderation to come to the king by those of pride and distruct ; to whom he feigneth , that he never assumed arms for , and his ambition and desires never had any other object , but the settlement of the weal-publick , and ease of his majesties subjects : that he did not in this carry his affection against duty , but knew well how to limit his desires to his just power , and so no less to the kings content , if his majesty would be ruled and guided by his counsels , which was to summon and command all the forts and castles of his competitor gloucester and the rest , into the custody of himself , and to be disposed of as he should direct and advise . the discontent and insurrections of the multitude is always grounded on the evil actions of some great minister , or court-minion : but if great men rebel , it is not so much for that they dislike the government , but because they would be governours themselves : to yield to their demands is to resign the soveraignty , seeing such will not be satisfied till they obtain it ; which is visible in the fortunes and behaviour of this man : he has now climbed the summit of regal power , and sits at the helm of state to govern and direct affairs according as he pleaseth ; and still thought to dissemble his purposes with the king , but thought of nothing less than the performance of his promises : such was his insatiable lust after superiority , that it became a matter almost impossible for him to be honest , he was so compleatly stuffed with improbity , that he had no room left for honesty ; and his own base interest so pricked him forward , that he trampled on the miseries of his prince without the least pity or remorse ; and resolves ( as it were ) from the heart of monarchy to spin out the long thread of his endless ambition , and make no other use of a king , than to lead him as the stalking-horse to the deprivation of his crown and dignity . but his purposes are shortly prevented in his own fatal overthrow ; for god gave the king better counsels : nevertheless majesty as yet is forced to truckle under inferiority , and the necessities of the time ( which in soveraign affairs doth often force away all formalities ) compels the king to embrace his proposals , and much against his own thoughts to look upon him as his friend : and therefore this poor prince who ( now at the victors discretion ) seemed to have been only raised to shew the inconstancy of fortune , and vanity of man , suited himself nevertheless with incomparable humility and wisdom to the emergency of his misfortunes : neither did that humility at this time wrong the splendors of majesty , since there were none other means left to subdue spirits that were so insolent , but dissimulation : his majesty therefore in his own person summoned the forces of his fastest friends to yield to his greatest enemy . thus leicester became the darling of the common rout , who easily change to every new master , and whose favours are so inconstant that they are never to be fixed ; so that he could not sail long amidst the tenebrous designs of his enemies , by the light and splendour of his new acquired glory : for as the ascent of usurped royalty is slippery , so that the top is tottering , and the fall fearful ; altius evexit quam te fortuna , ruinam majorem timeas — juven . to hold this man then compleatly happy at the entrance of his false felicity , was but to give the name of the image to the mettall , which was not yet molten ; for by this the imprisoned prince had broke his fetters , and makes his first resort to gloucester , who covered any , but more especially this ●●portunity of the king's pres●●●● to revenge the injuries and affronts that leicester had before done to his interest and honour , and having formed another out of the torn remains of the loyal army , by a speedy march they arrived , unlooked for , at evesham , where the un armed troops of the secure rebells then lay , whom they instantly assail , for it was no fit season to give time , when no time could assure so much as expedition did promise : de spencer , and other lords of that faction came towards their prince with the best speed , for mercy , but could not break out being hurried along with the scorn of the giddy multitude . publick motions depend on the conduct of fortune , private in our own carriage ; we must be wary therefore of running down steep hills with mighty bodies , they once in motion , sua feruntur pondere , stops are not then voluntary : but mountfort , at that time with the king and out of the tempest , might have escaped , if his timerity and hope had not made him more resolute by misfortune , so that he could neither desert his followers , nor relinquish his ambition . thus fell this usurper by making adversity the exercise of his vertue , or rather desperate in the loss of his hopes , is resolved not to survive their funerals , but to die with his designs , accounting it more glorious to be killed in desence of his power than than by submission tamely to renounce himself ( his ambitious nature ) and live within the bounds of his allegiance . private contemplations may be satisfied with more or less of fortune , but aspiring thoughts we see once raised to the height of rule are no longer in our own power , having no mean to step upon between the highest of all and the precipitation . thus the king by these happy occurrences of providence being delivered from the severities of his former miseries , and his royall authority returned into its channel by the reduction of his people to their due and wonted obedience , he began to be more carefull , and to make a stricter scrutiny into the grounds and causes of his former misery , and why that virtue which had both setled and upheld the glory of the empire so long under his ancestors had cast her self off in his time , and conspired with her enemies to her most ruine , as if the genius of the state had utterly renounced her . here he finds his bounty had been too profuse in too liberally bealstowing what was his own , and his subjects fortunes : the griping avarice of his civil ministers , and lawless liberty of his followers : the neglect of grace , and breach of his word , to have lost his nobility at home , and necessity his reputation abroad by making merchandize of peace and war , as his last refuge ; so leaving his old allies became himself enforced to betake himself to persons ambiguous or injurious , and that by giving over himself to sensual security , and referring the conduct of all affairs to base , greedy , and unworthy ministers , whose counsels were allways more subtle than substantial ; so that now perfectly perceiving by these misguidances and evil counsels he had thrown down those two main pillars of sovereignty and safety , reputation abroad , and obedience at home . he now therefore moderateth the first entrance of his restored sovereignty with sweetness and clemency , he passeth an act of oblivion on the misprisions of most of the late rebels , others he forgave that they might live to acknowledge his goodness , always deeming that the fewer he destroyed the more remained to adorn his trophy . tyrants shed blood for pleasure and revenge , kings for necessity , the latter delighting as little in the death of a subject , as god himself ( the universal monarch ) doth in that of a sinner , whose glory is always most conspicuous in the benigne attribute of his mercy ; where as his justice is not always to be exercised , unless it be to exert the terrors of his offended majesty in the destruction of an unrelenting and implacable sinner . even so this prince , least his justice and power might too much suffer by his acts of grace , some few he punished by small fines , and others by banishment , as the two guiltless yet unpitied sons of the arch-traitor : for treason is a crime that draws posterity under the odium of the ancestor ; and what would be but a bare suspition in others , is a positive guilt in them ; and that crime merits the highest resentment which in its consequence is most pernicious to the supreamest power . the spawn of a traitor ought as little to be nourished ( in the garden of a commonwealth by the hand of policy ) as the discrete gardiner does that weed which he roots up and destroys , because in its own nature it is destructive to the growth of those herbs , which are of a more excellent quality : and he that first preached that doctrine to princes of grafting their enemies in those places due only to the merit ( and only proper for the care ) of their friends , is certainly he who designed to suppress the growth of friends and increase that of enemies ; for he took no regard to that common orthology , quo semel est imbuta recens servabit odorem testa diu — which the state hath often experienced , and which is too visible in the actions of a great many , even in these very times . and if this impolicy be persisted in , and the king's enemies must still be produced from the sufferings of his friends , and this encrease be watered by the dew of his majesties own bounty on the greatest malignants to his government , where will be the friends in time of need ? all ought , but those that are most willing cannot , and those that have been most obliged will not . and you may gild a traitor with your gold , and make him seem another thing in shew , but if you cast the good old cause before him , he will be like the transformed cat in the fable , or rather ( to adapt the simile ) like the curr that will return to his vomit . unto the constant followers of his broken fortune he giveth ( but with a more wary hand ) the forfeitures of his enemies , having found profuse bounty but a weak means to procure affection , for it lost more in the gathering than it gained in the giving ; for that liberality which is bestowed without respect , is taken without grace ; it discredits the receiver , detracts from the judgment of the giver , and blunts the appetites of such as carry their hopes by their virtue and service ; thus at last he learned that reward and reprehension do ballance government , and that it much importeth a prince the hand be equal that holdeth the scale . in himself he reformed his natural errors , for princes manners have more of life and vigor in their example , and become a law sooner observed and obeyed than those of letters : and although he did sometimes touch upon the verge of vice , he forbore ever after to enter the circle . and his court , wherein at this time the faults of great men did not only by approbation but imitation also receive encouragement and authority , he purged severely , since from thence proceeds either the regular or disorderly condition of the state. expence of house he measured by the just rule of his proper revenue , and was heard frequently to say , that his excess of wast had caused the greatest issue of his subjects blood . the insolence of the souldiers ( made lawless by the late liberty of civil arms ) he spendeth in foreign expeditions , having seen that the most temperate spirits bore the rigour of all the former miseries , and that the other never were satisfied but in the calamities of the innocent , and knowing that if he did not find an enemy for them abroad , they would procure one to themselves at home . the rigours and corruptions of civil and judicial officers he examineth and redresseth by strict commission , for the sence of their severity became the murmur of his own cruelty . the seats of judgment and counsels he filled up with men nobly descended , for such attract with less offence the generous spirit , to respect and reverence ; their ability he measureth not by favour , nor by private information ( as before ) but by general voice ; for every one in particular may deceive and be deceived , but no one can all , nor all deceive one . now therefore to discover his own capacity , that so he might know what part to bear hereafter in all deliberate enterprises , he daily sits in council , and in his own person manageth all affairs of the greatest weight and moment ; for counsellors be they never so wise are but accessaries in the guidance of the commonwealth ; their office must be subjection , not fellowship , in consultations , and to have ability to vise , not authority to resolve ; for as the natural body cannot subsist unagitated by the soul , no more can the politique part or grandeur of a prince always support it self without sometimes giving a sic volo , sic jubeo , for unless he be positive in some things to the manifestation of his power , he is unfit to be obeyed in any thing , to the prostration of his prerogative ; for it offendeth as well the minister of merit as the people , to be obedient to one incapable of his own greatness and unworthy of his fortune . this wonderful change to the kingdom in general , lately destitute of all hopes or expectations to recover their ancient rights and former liberty , that they wished and sought for nothing but the mildest servitude , did bring them back ( without the least commotion ) miraculously to their duty , and their allegiance lovingly imbraced their new recovered and restored rights and liberties . he that will lay ( we see ) the foundation of greatness upon popular esteem must give his subjects ease and justice , for they measure the bond of their obedience by the good always they receive . this calm serenity ever after blessed his old age , and attended his person to the period of his days . and now he ransacks the various calamities and changes of his own reign , purposing to prepare his successor with the best rules ( from principles which himself had drawn from experience ) for the settling of an happy government , and with the best remedies against evil times . the negligence and intemperance of youth , which experience and old age had both amended and worn out in himself , he advises his son to avoid , as the greatest stimulations to all the incommodities of trouble and infelicity . and the better to instruct and enable him , he made him partner both of his experience and authority ; and farther advised him as the most approved antidote against the venom of every passion , and as the surest compass to steer himself by amidst all occurring anxieties and dangers ; to learn in prosperity to be silent and not transported ; in adversity , to be patient and not dejected : in neither to be discontented or dissatisfied : but in both to be discreetly and philosophically affected . in fine , all the actions of his future reign were exact grounds of discipline and policy , ( the best patterns for his successor's imitation . ) and , as he was the first that settled the law , and state , deserving to wear the stile of england's justinian , and the great and glorious title , to have delivered the crown from the subjection and wardship of the nobility , shewing himself in all his actions after capable to command not the realm only , but the whole world. thus frequently doth the wrongs and malice of our enemies , beyond the conduct of our own prudence , make us sometime both wise and fortunate . and as no man was ever truely miserable but by his own miscarriage , so none can ever be truely happy without putting a ne plus ultra to the career of his unruly passions , and exorbitant lusts : the first of which is truely visible in the fortunes and fate of mountfort the king's minion , and the latter conspicuous in the bad and good fortune of this king himself . that man who becomes the subject of his princes delight and favours , must have in him a correspondent worth as well of wisdom and obedience , as of sincerity and truth , which makes none other use of this so great a blessing but to his sovereigns honour and his own credit ; and not to advantage himself by the oppression of others . sudorem ferro abstergere tetrum facinus ; saith pythagoras . to curvet and dance on the top of a pinacle is the readiest way to tumble , and it is as dangerous for a man to walk on the summit of honour , which is so glaciated and slippery by the over-tumid passions and temptations ( the constant companions of a supreme fortune ) without the indispensable support of moderation . let the favourite always tast the kings bounty , but not devour it ; let him enjoy his masters ear , but not engross it ; let him participate his love , but not enchant it . if he must be a moat in the eye of the commonwealth , let him not be a monster . and lastly , if he must hold the reigns of the government , let him not ride it with the spurs of ambition : 't is that alone makes a subject sally beyond the bounds of his duty , and at one instant to become both a casar and pompey , to endure neither equal nor superiour ; the dismal consequences of which is too frequently an irretrievable misery both to his prince and countrey . let the kings actions be as pure and immaculate as truth and innocence , yet if his affection either blind or transport him to become the asylum of his servants insolences and evil actions , then majesty it self becomes guilty , and must expect to share both in the grievance and hatred of the poor distressed subject . the general cry seeing the stream polluted ascribe it to the fountain head , where is the spring and power that may reform and cleanse it . he that will read the history of our own , or those of foreign nations , shall find ( that by this one particular error of protection ) a number of memorable examples which have produced deposition of kings , ruine of kingdoms , the effusion of christan blood , and the general distractions of that part of the world , all grounded on this occasion . princes should put limits to their own affections , and the power majestick is or ought to be bounded , and the obedience due to the king should reciprocally correspond with the equal right and justice due to the subject , by which they claim a property in his actions . if either of these prove defective by wilful errour , the state is in imminent danger of a following mischief . the ballance therefore must be kept even betwixt the princes power and the peoples liberty , which is the firm basis of a quiet government . let the people abstain from faction and discontent ( the dams that at length bring forth consusion and rebellion ) and no doubt the prince will from tyranny and oppression . it is the interest as well as duty of every subject to pay an entire obedience to the government under which he lives , and that without murmur or grumbling ; for his obedience is a condition annexed to that security which he hath of his life and liberty ; for no prince is obliged to protect his subjects any longer than they continue in their obedience to him , since rebellion and faction cannot be nourished , but as a viper in the bosom of government . and a prospect of danger does often necessitate a prince to become a tyrant in his own defence ; and it was a wise saying of ptolomy king of egypt , that good subjects might easily of a bad make a good prince , but he could never of bad subjects make good . the king in his throne is like the sun in the firmament whose influence animates all sublunary beings . so the authority of a prince gives life and vigor to every particular member of the body politick ; and he is not onely caput but also anima reipublicae , and no member ought to move from his proper station , or against that soul which is the life of its being , or presume to accede too near this resplendent head ( by intermedling with the scorching influences of the state arcana , but leave them to their own orderly course and natural guidance ) least the brightness thereof should dazle the adventurers into blindness and faction , and the heat thereof scorch them into rebellion and destruction . but suppose a magistrate really tyrannical ; it is no contemptible question , whether the evils of the redress may not be equivolent to the mischiefs ? i remember livy's nec morbum ferre possumus nec remedium . and tacitus , ferenda regum ingenia , neque usui esse crebras mutationes : vitia erunt donec homines , sed neque haec continua , & meliorum interventu pensantur ; and seneca , infaeliciter aegrotat , cui plus periculi à medico quam morbo . poise the miseries of a civil war with the grievances of an unjust magistrate , and the ballance seems to me so unequal , that if my christianity fail , the apprehension of the inevitable miseries by the sword is sufficient to deterr from such a practice ; for though the fury of incensed tyranny may fall heavy upon many particulars , yet the bloody consequences of an intestine sword are more epidemical and lasting : and tacitus commends to subjects rather scutum than gladium , the shield of patience and toleration to be more excellent than the sword. but if there be such distempers in a state , as shall necessarily require amendment , let it be left to the course of providence , and not ( against the disposition of heaven ) be attempted by the sword of violence , for i never read that illegal , or tumultuous , or rebellious were fit epithets for reformation : and 't is fit christians should forbear the use of such surly physick till they have levied a fine in the court of heaven , and cut off the entail of the seventh beatitude . it is manifest that we are fallen into the dregs of time , we live in the rust of the iron age , and must accordingly expect to feel ultima senescentis mundi deliria , the dotages of a decrepit world , and the many miseries that attend an hardned and dissenting people ; wherefore i will conclude with the saying of the philosopher : novi ego hoc saeculum quibus moribus sit ; malus bonum , malum esse vult , ut sit sui similis ; turbant , miscent mores mali ; rapax , avarus , invidus , sacrum profanum , publicum privatum habebit ; hiulca gens , &c. finis . notes, typically marginal, from the original text notes for div a -e mat. paris hist . minor . co. . rep. magdalen colledge case . histor . s. alb. earl of kent . mat. paris hist . minor . mat. paris hist . minor . tacit. l. . marq. virgil . malvezzi . chron. de litchfield . monac . de bur. regist . de ma. paris . lib. de bermonsey . ma. par. rog. wend. chron. jo. de salgr . h. kinston w. bishang . grot. de jure b. & p. l. . c. . sect. . rot. clang . h. . will. rishanger . mat. paris will. rishanger . isidor . sent . li. . ca. . chron de worcester . m. paris . r. wendov . jo. wallingford . m. paris . ma. paris . chron. de s. albani . sueton. will. rishanger . chron de litchfield . mat. paris hist . minor . w. rishang . * ad reges potestas omnium pertinet , ad singulos proprietas . mat. paris regist . r. de waling . hist . minor . s. albani . h. . h. . hist . minor . claus . an. h. . ma. paris . chron de worcest . claus . an. . h. . chron. st. albani . claus . an. h. . wil. rishanger . rot. scotii . rot. scotii . jo. de wallingford . cart. orig. sub sigilio . chro. lei●●● field . will. rishander , chron. de brit. chro. dunstable . will. rishanger . w. rishang . rot. pat. hen. . jo. de t●●etor . monac . de bury . claus . h. . chron. de dunstable . anno . hen. . chron. de trailbaston . an act constituting major-general philip skippon to be major-general and commander in chief of all the forces within the city of london, the late lines of communication, and weekly bills of mortality. england and wales. parliament. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) an act constituting major-general philip skippon to be major-general and commander in chief of all the forces within the city of london, the late lines of communication, and weekly bills of mortality. england and wales. parliament. sheet ([ ] p.) printed by edward husband and john field, printers to the parliament of england, london : . order to print dated: die martis, junii, . signed: hen: scobell, cleric. parliamenti. reproduction of the original in the british library. eng skippon, philip, d. -- early works to . great britain -- politics and government -- - -- early works to . london (england) -- militia -- early works to . a r (thomason .f. [ ]). civilwar no an act constituting major-general philip skippon to be major-general, and commander in chief of all the forces within the city of london, th england and wales. parliament. a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - elspeth healey sampled and proofread - elspeth healey text and markup reviewed and edited - pfs batch review (qc) and xml conversion an act constituting major-general philip skippon to be major-general , and commander in chief of all the forces within the city of london , the late lines of communication , and weekly bills of mortality . be it enacted by the parliament assembled , and it is enacted by the authority of the same , that major general philip skippon be , and is hereby appointed major general , and commander in chief over all the forces within the city of london and liberties thereof , the late lines of communication , and weekly bills of mortality , raised or to be raised by the respective committees for the militia for the places and precincts aforesaid for the time being , within the several limits and jurisdictions aforesaid : and the said major general philip skippon shall have power , and is hereby authorized from time to time to command , lead , conduct and imploy the forces so raised or to be raised as aforesaid , for the protection , and safe guarding of the parliament from all force and violence , and likewise of the cities of london and westminster , and parts adjacent , within the said late lines of communication , and weekly bills of mortality ; and for the suppressing of all tumults , insurrections , rebellions and invasions , and of all forces that shall be raised without authority of parliament within the limits aforesaid ; and shall and may fight with , kill and slay all such as shall by force oppose him , and the forces under his command , in the execution of this act ; and to observe and follow such other directions , which the said major general shall from time to time receive from the respective committees for the militia aforesaid , or either of them , within their respective limits and jurisdictions , in order to the peace and safety of the parliament , cities and places aforesaid ; and likewise to observe all such orders and directions as he shall from time to time receive from the parliament or councel of state . die martis , junii , . ordered by the parliament , that this act be forthwith printed and published . hen : scobell , cleric . parliamenti . london , printed by edward husband and john field , printers to the parliament of england , . a letter to monsieur van. b---- de m---- at amsterdam, written anno holles, denzil holles, baron, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing h estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a letter to monsieur van. b---- de m---- at amsterdam, written anno holles, denzil holles, baron, - . beuningen, koenraad van, - . p. s.n., [london? : ?] letter written by denzil holles. cf. nuc pre- . caption title. reproduction of original in huntington library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng treaty of breda ( ) great britain -- politics and government -- - . - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - john latta sampled and proofread - john latta text and markup reviewed and edited - pfs batch review (qc) and xml conversion a letter to monsieur van. b — de m — at amsterdam , written anno. . dear sir , the great conclusion solomon made from all those wise reflections of his , upon things under the sun is , fear god and keep his commandments , for this is the whole of man , his whole business and his whole excellency , and therefore you and i shall always agree , that our first and great duty is the love and service of our great lord : and the second is like unto it , the love and service of our country , but as the circumstances of our times are , these things can hardly be separated or distinguished , but are included one in the other , so that he which serves his country must needs at the same time serve god. now the present mischiefs that are upon our country , do not ( as to their second causes ) arise meerly out of the common spring of boundless and restless ambition , but an implacable malice to the protestant interest , hath had a principal hand in the effects europe is now groaning under , and indeed the danger is common to us both , and doth not less threaten england then holland , though more remotely . for the french king , in growing to so great a naval strength , may be reasonably apprehended to have his eye upon england , when he shall have subjugated the spanish netherlands , which it may be he meant when he said upon some occasion , that hereafter he would bring his men to a place where there were neither gates nor bars ; success makes men bold as well against god , as their enemies , and the spirits of the greatest and wisest men are not always so guarded , but that in their gayeties their future intentions drop out of their mouthes , and wicked men do not only express their natures in their wicked sayings , by which men may take warning of them , but they live after their deaths in those sayings . but i will at this time discourse to you a little more particularly . there are but two very strong kingdoms in europe , france and england , and the reason of their strength is , that they are great in territories , and of one piece and compacted , in respect of which europe may be considered in three parts , france , england , and the princes and states confederated against france , which being a strength made up of many pieces and different interests , will always be found too weak to be opposed against the uniform force of one great kingdom , for which reason the league will come naturally so dissolve it self , and fall in pieces , unless england cast the ballance , whose interest it is so to do , and that roundly ; for neutrality in this case is both foolish and dangerous , as being against all reason of state , and in such case , he that obligeth none , disobligeth all , and the conqueror will be sure to pursue his revenge against the rival prince . i know there are three characters in hystory ascribed to the french , the first was given to the gauls their predecessors by iulius caesar , that in the beginning of a fight they were more than men and afterward less then women , and however it be true the present french inherit the same genius , yet by discipline which hath a wonderful force in all things , we see they have brought even their infantry for the most part to fight well , so that by their actions they have justly acquired the reputation of a very war like nation . the second character is that they are a people , light , inconstant and faithless . . that they are of an aspiring genius , which is so much the more dangerous to europe , as the object they have ●●●t upon is great , and that is no less than to erect an universal monarchy in europe , a thing that can never be brought to pass ; yet for all the observation we make of other men , we dayly commit the same errors , to this we may add , that the course of the present french king is full of rapid violence and high ambition , and ambition will make men wade through a world of blood in the pursuit of vain ends ; yet this i must say , that if two or three such kings should immediatly succeed one another in france ; they would in reason swallow europe , if at the same time one weak and insufficient prince should succeed another in england ; but the ballance of the world is kept up , not only by strong nations joyning with the weaker against stronger than they , but by an interchangeable distribution in succession of strong and weak princes in the same kingdome , through the promiscuous dispensation of divine providence , which is irresistable , for he must leave all his work to the man that shall be after him , and who knows whether he shall be a wise man or a fool , what a wise man gets a fool looses . now on the other side , our country-men , who are of a middle genius between the french and your country-men , are as warlike as any , but grave , plain , and honest . i know that our country-men will be always ready to say , that england is now as strong as ever it was , and that we have always been an overmatch to france , we have made two conquests of france , one in the time of edward the d. and another in the time of h. the th , but i answer , the strength of a kingdom is either proper or comparative , proper , respecting their selves , or comparative , respecting their neighbors . now if it should be granted , ( which is not true ) that england is now as strong as in former times , yet if france ( which is true ) be three times as strong as they were formerly , than england must needs be three times weaker comparatively ; england being so far from holding proportion to france in its growth , that is is much weaker now than it was years ago . and this among other things may shew you the weakness of our councils , in sitting still while the french make themselves masters of the spanish netherlands , and then as to its proper strength we must come to distinguish , for he that does not distinguish well can never judge well ; i say then the people are strong but the government is weak , from whence this consequence may be drawn , that a people may be weak under one form of administration , and strong under another , to prove which , there will need no other instance then the regiment of these three last kings , and that of the parliament interposed in the middle of them , but this will more clearly appear to you when we come to discourse of the government it self . there is no kingdome in story that i remember , in and about which so much blood hath been shed as england , except sicily , and the manner of the english hath always been to fight in small armies , without regarding the number of their enemies , who were sometimes ( as in the first conquest of france abovenamed ) above six to one ; and yet the english have not oftner been brought to contend against forreign force , then they have carried away the victory , if not in every battle , yet in the issue of the war. therefore when matchiavil labors to overthrow the common doctrine in the politicks , that money is the sinews of war , which he says is not true ; i think it is true as to england , as well as in the roman common-wealth , but in holland where you have a small territory , and your foundation is trade , money , and industry ; which produceth no martial genius in the natives , nor permits leasure , and where your armies consist of mercenaries , which will ever be found much weaker than the native militia , there money may be the sinews of war. the union of england and scotland is a mighty accession of strength to england , for besides that scotland was always a dangerous back-door to england , that mischief is not only removed , but such a member added , as by reason of vicinity naturally compounds one entire body of a great kingdom ; and this strength would better have appeared if it had at any time since the union , fallen under a prince of a martial genius , as in time to come it will fall under a vigorous administration . but to make what i said to you above more clear , that the government of england is weak , i will a little discourse of the nature of it . england then is a government compounded and mixt of the three principal kinds of government , a king , who is a sovereign , qualified and limited prince , and the three estates , who are the lords spiritual and temporal compounding the aristocratical part of the government ; and the commons in parliament with an absolute delegated power , making the democratical part ; the legislative authority is in the king , and the three estates , the power of leavying money in the commons , and the executive power in the king , but to be administred by ministers sworn and qualified , which is the reason of those two grand maximes in the law of england ; first , that the king of england is always a minor ; and secondly , that he can do no wrong . now the foundation this government was first built and stood upon , was the ballance of lands , and england being a kingdome of territory not of trade , it always was , and ever will be true , that the ballance of lands is the ballance of government ; and this maxim of the ballance is to the politicks , what the compass is to navigators , the circulation of blood to physitians , guns to an army , and printing to learning . the proportion this ballance held in the government , was formerly in the king , church , and nobility above two thirds , and in the whole people not one third : so that if we divide the times of this government into two general parts ( as it naturally divides it self ) from the norman conquest to the time of henry the th . and from henry the th to the present time ; then i say , in the first part of it , the strength of the government lay in the middle , or aristocratical part as it ought to do , for a king must be supported either by a nobility or an army , and by this means the two extreams which are the king and people ( of which extreams a government can never be compounded to live long ) were secured by the middle , for the nobility not only supported the throne , but shadowed the people from the tyranny of the princes . and to give you a clear evidence of the truth of this , both that the strength of the government was in the aristocratical part , and that they kept the ballance between the king and the people , i need only observe that all the civil wars that we ever had in england in those times , were ever made against the princes by the nobility , for their encroachments upon the people , and they always prevailed against them . but henry the th . who was a dark and suspicious prince , and an entertainer of fortune by the day rather than of any great fore-sight ( as my lord bacon observes of him ) observing upon his coming to the crown , how great an over-ballance the nobility had been to the prince , made way by laws , and other means for the nobility to make alienations of their lands , and so in seeking to cure one mischief he procured a far greater , which though it did not shew it self presently , yet in short time after it began to shake the foundations of the throne . and from this time the lands began to come into the hands of the people , and the times that followed served well to increase this beginning ; for henry the th . dissolving abbies , and monasteries , all those lands which were very great came by degrees into the hands of the people , so that the greatest part of the lands of the antient nobility , and great part of the lands of the church were in the hands of the people , who now held above two thirds of the whole lands of england . and rherefore this consequence will be clear , that the strength of the government is now in the democratical part , and to confirm this to you by example . there hath been one civil war in england , since henry the seventh , who made that war ? the barons ? no , the people made it ; then it is clear not anly that the people are the strongest part , but that they are able to make war with the king , nobility , and church ; also if there should be another civil war in england , it would not only be by the people , but whosoever be the beginners of it , the people will prevail , as far as human reason can foresee . but now least you should think the compliance of this parliament with the king , a contradiction to what hath been said , i will discourse it to you before we go farther touching them . this parliament was chosen in the year , and came in with a change of government ; now in all changes of government , there is a violent concussion of the whole body , and the people always pass from one extream to another , without being able to stay in the middle ; england therefore was then in a sick distempered condition , now it hath recovered its just temper , and is restored to health , ( as strong bodies will work out the poyson they take by degrees . ) now this parliament represented the humors and distempers of the times wherein they were chosen , and consequently their actions were violent , and they did many things afterward to be repented of , and no doubt had they done what they have done , to a designing and parsimonious prince , he might have taken the advantage of their hearts to have undone england ; for what with that great revenue , and all those most mighty aids they have given him , he might have made so great a bank , and annexed so great a revenue of lands to the crown , that he might have maintained an army , over-ballanced the nobility , and have reigned without parliaments , and so have brought england into the same condition with france , but these times are over , and not like to return ; i am without all doubt therefore , that the profuseness , and inadvertency of the king hath saved england from falling into destruction under this parliament . and as this parliament represented the sickly times , in which they were chosen , when the pople of england were in a kind of delirium or dotage ; so a new parliament would represent a people restored to their wits , cured of the evil , and steadily pursuing the great interest of the common-wealth . wherefore our court has got a new maxime , never heard of in the world before , and which is their grand arcanum of state , and that is , that the king and this parliament must never part ; for if they do , the government is dissolved : a maxim they will keep to , and was first beaten into their heads by clarendon and monk , but the true reason of that maxime , is , because they never dare call a parliament to represent the present state of england , having enough to do with the present , who were it not for the daily fomentations of court e●●edients , would even themselves revert back to the english interest . in former times we had two grand maxims in our government , one was that we should always keep the ballance of christendom equal and steddy , england only having the natural advantage to do that , and this grew up with us from the norman conquest , for above six hundred years since , the other was , that we should always make our selves the head and protection of the protestant interest , a maxim that we took from the reformation , and which we shew'd the world in queen elizabeths time , how we have kept to these two maxims of entring into a league , to subvert and destroy the protestant religion , and to break the bonds , and remove the land-marks of states and kingdoms will sufficiently declare to you . and now we have a maxime , which i am sure cannot last longer than the king lives ; for the death of the king is the death of the parliament , one thing you may observe by the way , that vigorous times bring forth strong maxims , but the principal use we are to make is this , if according to our maxim , that the king and this parliament must never part , and they must dye together ; then this government seems to be calculated only for the kings life , as the government of the protector cromwel was for his , and must a little time after suffer a dissolution . and indeed , in such a mixt government as ours is , where one of the extreams comes so far to over-ballance the other ; i cannot see but the government must dye , as it is in natural bodies , when one humour is over all the rest in to great disproportion . in every sound and healthful government , there is a steadiness of proceeding by good means to good ends , which is called conduct , but in a sickly state , as many emergencies arise , so new medicines and expedients must be applyed , and such a government may be called a government of expedients , and such a one is ours , and the great art and cunning in this session of parliament , to bring it to such an issue as is expected , is but an expedient , and expedients never hold , they only serve a turne ; cunning and tricks in states-men , argue them to be mountebanks in the politicks , and weak governments must always have a care of evil accidents and occasions , when there are causes of their dissolution . the ravishment of lucretia was not the cause of the introducing a common-wealth in rome , it was only the occasion ; if any notable occasion fall out in england , as the death of the king , insurrection , or arming of papists , invasion by the french , or such like that shall give the people opportunity to arme , the government is gone . now if you should ask what are the causes of this weakness of the government of england , i answer principally two , . the change of the ballance as i have shewed you before . . a succession of three weak princes together , where two sufficient princes succeed together , they do great things , but where two or three weak princes succeed one another , the government can hardly stand , and indeed if a weak prince immediately succeed a wise , he may do well enough , for the virtue of the wise princes government , runs through the veins of that of the foolish , and so it comes to pass , that it is a great while before the defects of his government come to discover themselves ; and i say that we never before ( for above six hundred years ) had a succession of three , either sufficient or weak princes together , and therefore i make no doubt to affirm , that if the government of the parliament had not been interposed in the middle ( as i said before ) the government must have sunk ere now ; for save what they did , we have not taken one true stop , nor struck one true stroke since queen elizabeth . it is a great truth no doubt , that foolish princes ever had , and ever will have foolish councellors , for matchiavil concluded well , when he said , that the wisdom of the prince , never takes beginning from the wisdom of his council , but the wisdom of the council always from the wisdom of the prince . but if you should ask me now whether the k. of england will effectually assist you since the parliament hath not only addressed him so to do , but has promised him sufficient supplys for the doing thereof . i answer , no , the reasons whereof are not to be rendered by way of ratiocination , there being little of reason in any thing we either do or say . . the k. will not , the will is the mistriss of the love , and a man is either good or bad , as his will is , there is an antipathy between the genius of our court , and the genius of holland . . we are wholly addicted to the french humour and interest , we cannot forbear expressing our joys upon any victory of theirs . . the d. of york who does , and every day will weigh more and more , and is in the way of all those good intentions the k. might otherwise have , is a papist , and so far from affecting you , that he hath little esteem for his own countrymen , in his nature affecting none but french and irish , with whom he seems to have a sympathy of genius , and how strangely strong wills , and misplaced affections may transporr men of weak judgments is easie for you to apprehend . . our ministers of state are against you . now to end this long letter , what conclusion shall we draw from all these premises . i doubt not but your prudence will instruct you to make a far better than any i can offer , however i will say something , if it be but to occasion you to think , the parliament and people of england have a mighty affection to your state ; these are the shapes of our court and our people , in the best manner i can present them to you , and if i mistake not , your state can never in time to come be better secured against shaking , than by the friendship of england . the parliament would send over an army sufficient to engage the french , and pay them to , as i have ground to think . wherefore in my poor opinion , the natural result might be , that the states should by an effectual declaration remonstrate to the world , the growing greatness of france , and all the mischievous consequences it draws after it , and to call upon england as the head of all protestant states for their assistance , to which the late address , and the measures the court shall take thereupon will naturally tend , only the time of such declaration cannot well be determined ; and for this the states have a president yet fresh in memory , when they publickly offered to the state their differences with the court of england , which gave the parliament occasion to recognize the matter , and what an admirable and speedy effect that produced , cannot yet be forgotten . finis . a letter to the three absolvers, mr. cook, mr. collier and mr. snett being reflections on the papers delivered by sir john friend, and sir william parkyns, to the sheriffs of london and middlesex, at tyburn, the place of execution, april , , which said papers are printed at length, and answered paragraph by paragraph. approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; 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(eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a letter to the three absolvers, mr. cook, mr. collier and mr. snett being reflections on the papers delivered by sir john friend, and sir william parkyns, to the sheriffs of london and middlesex, at tyburn, the place of execution, april , , which said papers are printed at length, and answered paragraph by paragraph. friend, john, sir, d. . parkyns, william, sir, ?- . p. printed for r. baldwin ..., london : . reproduction of original in huntington library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng friend, john, -- sir, d. . parkyns, william, -- sir, ?- . great britain -- politics and government -- - . - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - john latta sampled and proofread - john latta text and markup reviewed and edited - pfs batch review (qc) and xml conversion a letter to the three absolvers . mr. cook , mr. collier and mr. snett . being reflections on the papers delivered by sir john friend , and sir william parkyns , to the sheriffs of london and middlesex : at tyburn , the place of execution , april . . which said papers are printed at length , and answered paragraph by paragraph . london : printed for r. baldwin near the oxford-arms in warwick-lane . . a letter to the three absolvers , &c. gentlemen , you may remember there was a time when the paper delivered by the famous lord russel to the sheriffs at the place of execution , were by a noted author in those times asserted to be none of his lordships , and charged upon one who at present is none of the least ornaments to the church of england . but all honest men were so well satisfied as to the injustice of the reflection , that it obtain'd no credit . but , gentlemen , it 's generally thought that you , or some others of your fraternity , are not so well able to excuse your selves of being the authors of this paper , which sir john friend has indeed made his own by signing , delivery , and it may be by transcript ; not that it was impossible for a man of sir john's capacity to write as good or a better paper , but the publick make bold to say that it savours nothing of his temper nor education , and really , gentlemen , except you pretend to a power of working miracles as well as of absolution by the laying on of your hands , you will hardly be able to convince the world that sir john , who cou'd not speak good common english at his tryal , but said i kallenge instead of i challenge : and that the popish priests could dissolve , instead of absolve catholicks from their oaths , of which i and some hundreds more were ear witnesses , should without something of inspiration , be able all of a sudden to oblige the publick with such a lecture of passive obedience politicks and non-resistance divinity , as is to be found in this paper , tho really , but weak and silly in it self ; and therefore , gentlemen , these following reflections are addressed to you , as the real parents , or at least the godfathers of sir john's pretended orphan , which bespeaks our attendance thus . paper . knowing that i must immediately give an account to god of all my actions , and that i ought to be especially careful of what i say in these last hours , i do solemnly profess , that what i here deliver is from my very soul , with all the heartiness and sincerity of a dying christian. answer . now , gentlemen , it is not doubted but sir john might believe this to be a very good thing , and so recommend it to the world , from his very soul , but there 's not one word that he delivers it as his own composure , nor does he publish it any otherwise than as men commonly do their last will , tho drawn up by a scrivener , yet perhaps it might be his own opinion as far as he was capable of understanding it , and for the rest , he would trust you who were his spiritual guides ; but , gentlemen , if you will take a little pains to compare what sir john and his witnesses said at his tryal , and what he own'd himself to the committee of parliament , with what you make him say in this paper ; you will find that there 's but little reason to boast of his sincerity either as a living or a dying christian . sir john at his tryal , when certainly he could not but have death in view , did solemnly declare in the face of the court , that he was as innocent of the things charg'd upon him , as the child unborn , and some of them he disown'd , as in the presence of god , particularly his giving money to capt. blair on any other account but charity , or that he show'd the captain any letter , which he said he had writ to king james , and yet the captain fastened both those particulars upon him by such undeniable circumstances as satisfied the court , and confounded sir john. in the next place , sir john own'd to the committee of parliament , that he was at those meetings , where it was agreed to send charnock over to france to invite king james , to make a descent with ten thousand men , and that he engaged to raise of the horse , which were to joyn king james at his landing , tho at his tryal he solemnly declar'd , that there was no such thing discours'd at any of those meetings , and that sir john fenwick invited him only to take part of a dish of meat with him — sir john at his tryal brought a long train of witnesses to prove his having said frequently , that he would live peaceably under the present government , and never be concern'd in any plot against it , and that if they catch't him in the corn , they should put him in the pound , and in the mean time when he made these frequent protestations , that he would live peaceably under the government , he accepted of a commission from king james to be colonel of horse , chose his inferiour officers , and paid mony to encourage men to list themselves under him ; and in this paper you make him say , that to assist king james in the recovery of his right , is justifiable and our duty : so that it is plain and evident , that the whole tenour of sir john's conversation ever since the revolution , hath been far from sincerity , seeing he talk't and protested so solemnly against what he owns now to have been both his principle and his practice . then as to his sincerity when a dying , it appears every whit in as bad colours . you cannot but perceive , gentlemen , that sir john was guilty of horrid dissimulation , in his repeated and solemn denials of his being concerned in that , which you and he do both look upon as the cause of god and religion , yet there 's not one syllable of his repentance for such a shameful denying of that cause , nor does he make the least apology for it ; i need not tell you , gentlemen , how unlike this is to the practise of the antient martyrs , who would own their religion in the face of their persecutors , and say , ego etiam sum christianus , and if any of them had through weakness made a slip , what hard terms they were forced to submit to , before they could be re-admitted into the bosom of the church , and if afterwards they were honoured to die for the truth , they would be sure to bewail their having formerly disown'd it ; then pray , gentlemen , how could you suffer this poor man to die with such protestations of his sincerity , without obliging him to leave a testimony against his having so shamefully denied that , which he now calls the cause of god , when 't is notorious that he did deny it , by appealing to god himself in the face of the court , saying , god knows my heart i am as innocent as the child unborn ; and producing witnesses to prove , that he had always protested he would never be concerned in that which now you make him own to be his duty — certainly you have forgot that threatning of our saviour , that he will deny them before his father and his angels , who deny him before men , otherwise you durst never have offered to absolve sir john friend all his sins , without a publick repentance , for his publick denial of that which to you and him is the cause of god and religion . you make sir john to say in the next place . paper . the cause i am brought hither to suffer for , i do firmly believe to be the cause of god , and true religion , and to the best and utmost of my knowledg and information , agreeable to the laws of the land , which i have evermore heard , do require a firm duty and allegiance to our soveraign , and that as no forreign , so neither any domestick power can alienate our allegiance . answer . now , gentlemen , it is manifest that the cause for which sir john suffered , was his accepting of a collonels commission from the late king ; his agreeing to invite him over with a french popish army , his promising to joyn him with two hundred horse for his own part , chusing inferiour officers for his own regiment , and paying out mony for their subsistance , and therefore if sir john did firmly believe ; that this cause , and the cause of god and religion , were one and the same ; it was plainly that which divines call , casus confessionis , wherein all good christians cannot , without horrour , do any otherwise than answer in the affirmative , so that instead of his shameful denial of the thing , and solemn protestations of his innocence , as to the matters charg'd upon him ; he ought to have own'd it in the face of the court , and to have told them boldly , with the heroick courage of the primitive christians , that he did firmly believe it to be the cause of god , and religion , whereof he stood indicted , and that he rejoyced to be counted worthy to suffer for the same . but , gentlemen , we shall come yet closer to the point , and make it evident , that both you , and your pretended martyr have basely betray'd that which you call the cause of god and religion . sir john at his tryal did prove it by many witnesses , that he frequented the publick worship , and attended the prayers in his own family , where king william was pray'd for , which was certainly a piece of the greatest hypocrisy that any man could be guilty of , for if sir john did firmly believe that king james's cause , was the cause of god , as his paper pretends he did , it was certainly a mocking of the almighty to his very face , to countenance prayers himself , for that which was against his own cause . and your pretending to absolve that wretched criminal without a publick repentance , for having so publickly disown'd , and seemingly pray'd against that which you and he did firmly believe to be the cause of god , proclaims you traytors to heav'n as well as to our country ; but gentlemen , to make it as easy for you as the case will beat , king william has no reason to be angry with you , for not obliging sir william perkins to express his sorrow for being concerned in the horrid design of assassinating his royal person , before you pronounc'd your absolution over him , seeing you did also absolve sir john friend , without any profession of publick repentance for having renounced the cause of god. gentlemen , i shall only add on this head , that you , and the rest of the absolving fraternity , seem really to have acquir'd as much dominion over the consciences of your disciples , as is falsely ascribed to the pope by those who worship the beast , viz. that he can make vice vertue , and vertue vice , otherwise those poor deluded creatures could never be so stupid , as to think they suffered for the cause of god , when they are actually punish'd for endeavouring to bring in a french power , to establish a prince on the thone ; who during the whole tenor of his life , hath shown himself an irreconcileable enemy to the protestant religion , appear'd at the head of an horrid plot against it , when a subject , and endeavouring its subversion when a soveraign , contrary to his coronation oath . as to sir john's knowledge and information of the laws of the land ; it was very well known , and appear'd at his trial to be so very little , that if his father confessors had consulted either his credit , or their own , they would certainly have struck out this part of his paper , but that our laws require a firm allegiance to our soveraign , and assert that no forreign or domestick power can alienate our allegiance : i believe sir john might have ventured to swear it , tho he had never seen a statute-book . for the question is not , whether we own unalienable allegiance to our soveraign , but whether or not , one who has been our soveraign can forfeit his title to our allegiance ? which i am sure , considering sir john's education and qualification , was a question too knotty for him to resolve . and therefore gentlemen absolvers , the following propositions are recommended to your consideration , viz. that all lawful soveraigns , have either their commission from god or the people , or to speak better sense , god and the peoples commission to their soveraign , is , or ought to be one and the same , gods commission to the soveraign ; both in the old and new testament , is to encourage the good , and to punish and be a terror to the evil doers , as appears from deut. . . &c. and rom. . . &c. and certainly the commission of all people , who are not fitter for bedlam and bridewell , than humane society , is , that the king should make use of his authority , for the benefit and preservation of the community , over whom he is constituted soveraign , so that if he either invert his commission , or act contrary thereunto , by encouraging the bad , and afflicting the good , and declares that he will continue to do so , it 's plain , that in so doing he neither acts by the authority of god , nor the authority of the people , and that when they resist him as acting thus , they do not resist authority , but only the extravagancies of an usurper ; and that if god shall think fit to claim the forfeiture of his commission , either by his own immediate hand , as by frenzy , or any other moral incapacity , or m●diately by the representatives of the joyned people , he becomes thereby , ipso facto , divested of all right to our allegiance . which i think is plain from this familiar instance : if an husband violate the marriage-contract , and upon his resolution of continuing to do so , his wife sue out a divorce , let him pretend what he will , he has no further right to the duty of a wife , from the injured matron , nor can she be said to be guilty of disobedience to her husband in refusing it , but doth justly forsake him as a divorc'd adulterer . or to be yet more plain , you may take it thus , that whatever prince refuses to govern according to god's commission , has no positive divine right to govern at all ; and by consequence , the people are under no divine command to obey him ; and that whatever prince refuses to govern according to the constitutions of the government which he enters upon , and such as are then agreed on , or generally submitted unto by the people over whom he is to rule , hath no civil or humane right to govern the people at all . or supposing , that on his coming to the throne , he obliges himself by his coronation-oath to govern according to the laws of god and the land ; and afterwards breaks his promise to god and the people , and will govern them arbitrarily , according to his own humour , the people can be under no obligation to obey him , but if they please . but lest this should be mis-understood , to open a door to tumults and insurrections against all governments , seeing it is impossible for any to be so equally administred , but that some will be dissatisfied . it 's replied , that as every froward humour , fits of passion , or gross irregularity in either of the parties , is not sufficient to dissolve the marriage-contract , so neither is every male-administration , nor gross mistake , or abuse in government , sufficient to dissolve the original contract betwixt king and people ; but as in the one case there must be evident and full proof , a manifest alienation of affections , and a legal divorce , before the relation can be lawfully dissolved ; so in the other , the breach must be upon the fundamental constitution , which is like the defiling of the marriage-bed ; the proof uncontroverted , and the forfeiture openly claim'd and acquiesc'd by the generality of the people , or their representatives , before the relation betwixt them and their soveraign can be warrantably dissolv'd — and if this was not the case betwixt the late king james and his people , when he took upon him to dispence with the laws of england , and to casse and annul those of scotland , let the world bear witness . so that in short , the power which he assum'd , was none of the power in being , and by consequence none of the powers ordain'd by god ; for most commentators agree , that by the powers that be , to which we are commanded to subject our selves , rom. . . are meant such sorts of government , as are agreed , or generally submitted unto by societies or nations ; and therefore called the ordinances of men , pet. . . now that the theocracy , or kings of god's immediate appointment and nomination , are ceas'd ; and therefore seeing k. james assumed to himself a power which had not a being , viz. that of annulling and dispensing with laws , when by our constitution the parliaments of both kingdoms have a power equal to , and in order before that of our kings , in making or rescinding laws ; the resistance made to him , whilst pursuing such a course , was no resistance to the ordinance of god , and by consequence did not merit damnation , as you gentlemen and your fraternity do maliciously suggest . the next thing which you make your martyr say , is ▪ paper . for it is altogether new and unintelligible to me , that the kings subjects can depose and dethrone him on any account , or constitute any that have not an immediate right in his place . we ought , i think , not to do this , and surely when it is done , to assist him in the recovery of his right , is justifiable and our duty ; and however things do seem at present , i do believe , i am sure i heartily pray , that he shall be one day restored to his rightful throne and dominions . answer . in truth gentlemen , you seem to have impos'd as much upon your penitent in his politicks , as you have done in his divinity ; and i do not at all wonder , that this matter was vnintelligible to the schollar , when his masters seem not so much as to understand the state of the question themselves , but first beg the question , and then take it for granted . for the question is not , whether the kings subjects , but whether the kings equals , or if you will not be angry gentlemen , his superiours , can do it ? now gentlemen , i suppose you will grant , that according to our constitution , the parliament must first draw up , and then give their consent to a law before the king can make it one ; and if the original of this power of the kings be duly enquired into , it will be found to be likewise the people's creature , and settled upon him by their consent ; but however that is , this is certain , that the parliament are the kings equals as to the legislative part ; and this , gentlemen , must not sound harsh in your ears , when the lords , who are but one of the constituent parts of the parliament , are in our common dialect , called the peers of the kingdom , which is as much as to say in plain english , the kings fellows , and in the style of the scriptures , and the original charter of kings , deut. . they are plainly said to be brethren to their subjects , and forbid to have their hearts lifted up above that of their brethren , tho' at the same time we shall not grudge them the title and priviledges of elder brethren . then , gentlemen , as to the executive part , wherein their superiority over their people doth more appear , it 's evident , that herein they are also regulated by the laws of their people , which is no more then a trust to put the commands of the body in execution upon the particular members ; and certainly he by whose commands and directions i am to govern all my actions is my superiour ; so that this maxim will remain uncontrovertibly true to the end of the world , that the king is superiour to any of his particular subjects , but inferiour to the whole ; for common sense will instruct you , that if the whole nation refuse to obey , there 's no man whoever that can govern them , nor is there any particular subject who is not in a possibility of withdrawing himself from under the dominion of any prince , by going into another country ; but no prince can set himself over a people against their wills ; for even in cases of conquest , submission is taken for an assent , otherwise the people would resist , either till they were utterly destroyed , or till they had expell'd the conqueror ; and therefore when the alternative is submission or destruction , it s allowed , that salus populi & suprema lex , they submit not for the good of the conqueror , but for their own good ; and those very men who assist the conqueror , or their offspring at least , when once they come to be imbodied with the conquered people , do always join with them for asserting their antient liberties at one time or other , as is plain from the practice of this very nation ; which being subjected to the norman yoak , and most of the estates divided amongst the conquerors followers , yet the norman offspring join'd with the nation afterwards in asserting their liberties against the tyranny of the conqueror's successors . for liberty is so much the instinct of pure nature , that they are justly to be accounted creatures of a courser than human alloy , who are fond of their chains , or do unconcernedly submit to them . nay , if those very persons who are the advocates and tools of an arbitrary government , will but look within themselves , they will find that the cause of their being so , is the prospect of their own enjoyment of a greater liberty some one way or other than they think they can enjoy without it . i shall finish this point with one observation more ; which is , that all civiliz'd nations allow the subjects a liberty of defending their titles to their estates by law , against the pretensions of the prince and his ministers , which is examplified every day in our courts , and scrupled at by none of the disciples of passive obedience . then , gentlemen , let me ask you this question , whether you think it reasonable that every particular man shall have the priviledge of defending his estate against the pretensions of his prince , and yet that the whole nation shall not have the priviledge of defending their possession of all that is near and dear to them as men and christians , against the prince's usurpation ? if you object , that they may defend them by law , but not by arms ; it shall be granted , that war is the vltimum r●fugium ; but the same argument which warrants one prince to make war upon another for injuries received , and not redressed , viz. because the criminal prince cannot be otherwise called to an account , will warrant the parliament , or the body of the people , making war against their kings , when they cannot otherwise have their liberties and properties secur'd . i have insisted longer upon this subject than perhaps is suitable for my present design , but i was willing to make it appear , that those who are of a contrary opinion to your party in this point , are not acted by a blind impulse or brutish fury , but by reasonable principles : and if my arguments be weak , pray excuse my zeal to obviate your pernicious principles , which have brought those two poor gentlemen , and many more , to their unhappy exit ; and have oftner than once endangered the civil and religious liberties of these nations . as for your disciples saying , that he thinks we ought not to depose our prince , and that when it is done , surely it is our duty to assist him in the recovery of his right . i shall only observe , that his premises will not bear his conclusion ; for he ought to have been as sure , that the people could in no case depose their prince , as he pretends to have been , that it was his duty to assist him in the recovery of his throne when deposed ; but according to you , he only thought the one , but he was sure of the other . as for his hopes of the late king's restoration , we are told by the divine oracles , that the hopes of the hypocrite shall perish ; and that sir john did both live and die one , his own trial , and his father-confessors forged paper make it but too too presumable . as to his prayers , we have little reason to dread their success ; he regarded iniquity in his heart , as you and he have made it plainly appear , by his going off the world without repentance for the horrid crime of denying the cause of god and religion ; and the almighty hath told us , that if we regard iniquity in our hearts , god will not hear our prayers . sir john goes on thus ▪ paper . as for any sudden descent of his majesty upon these his dominions , in order to the recovery of 'em , i declare i had no certain knowledge of it , nor can i tell what grounds there was to believe it , so little reason had i to be in a present preparation for it . answer . that he had no certain knowledge of it , is without doubt true , for the late king never yet made the descent , but we have just now heard that sir john believed it ; and i am afraid that was not the only thing wherein sir john's faith had no good foundation ; but however , it was prov'd at his trial , that he had received a commission to raise a regiment of horse to further it ; and that his preparations for it depended on the arrival of the thoulon fleet in the ocean , which must be allowed does still belong to the time to come ; and yet sir john had made some present preparation when he nam'd his inferiour officers , and paid out money for subsisting his men ; and for him to have acted thus , and yet to declare , that he knew no of grounds to believe the design of the late king's descent , was to proclaim to the world , that he acted like a fool , and to give some uncharitable people ground to say , that he died one ; and thus gentlemen you see how little he is obliged to your vindication of him in his orphan paper . paper . i suppose it is not expected i should here endeavour to clear my self of the assassination , which was not the thing alledged against me ; however it was mentioned , through what means i know not ; as it was insinuated to my disadvantage , i forgive such that were therein instrumental , and i do also from the bottom of my soul freely forgive and beg of god to do so too , such as were any ways accessary towards the taking away my life , which i really look upon to be their misfortune more than mine . answer . gentlemen , the only thing remarkable in this paragraph , is the malicious reflection , as if the assassination had been mentioned on purpose , to influence the jury against sir john , but if you had either consulted his credit or your own , you would have forborn this , for it was positively sworn against sir john at his trial , that he was acquainted with that horrid design , but on the other hand it was own'd by the evidence , that he did not approve of it ; but said , that it would ruine king james's interest . so that it seems sir john had not the conscience to discover it , tho he was ambitious even at the passing of the sentence upon him ; of having the honour of being thought to decline it . but , in short , gentlemen , your martyrs reputation , as to this point , is not so fair as you would have the world to believe , for tho he refus'd to be concerned in the thing himself , yet its plain that he did not abhor it in others ; seeing he did both conceal the design of those concerned in the last assassination , and paid an hundred pound towards the escape of coll. parker , who was accus'd of a former , which certainly gentlemen , you , who are divines by profession , must needs know to be very near a-kin to the crime it self ; for we are told by holy writ , that there are those who may be called partakers with the thief and adulterer , that are not guilty of the very acts , and therefore if sir john had been so very charitably disposed , to forgive those who had injur'd him , as you make him seem to be , he would never have upbraided the court with this , seeing he was so far guilty as we have mentioned above , and that they did actually declare that it was not prov'd against him , nor does he now deny but he heard of the thing , and to be plain with you , gentlemen , there's-no body so much concerned to say amen to sir johns prayer , that god would forgive those who had been instrumental , or accessary to the taking away of his life as your selves , and those of your kidney , who inspir'd him with such principles as brought him to this hard fate . paper . i profess my self , and i thank god i am so a member of the church of england , tho god knows a most unworthy and profitable part of it , of that church which suffers so much at present , for a strict adherence to loyalty , the laws and christian principles . for this i suffer , and for this i die . answer . gentlemen , i do verily believe that there 's no christian church , of what denomination soever , that would be fond of such a member , as you have made sir john appear to be , and in the mean time you have done that , which you call your church , the greatest injury in the world , for some people were apt to be charitable to the nonjurant party , as thinking that they might have really scrupled the taking the oaths , from a principle of conscience , but if it be true as you make sir john say , that it is your church he suffered and died for , then its plain that your church is engaged in a rebellious design to dethrone his majesty , and to invade his dominions with a french popish army , so that by consequence all true protestants must look upon you , as a synagogue of satan , and no christian church , because you are actually in a confederacy with the turk and french king , the sworn enemies of the christian and protestant religion ; and endeavour to assist the latter at least , as much as in you lies , to overthrow the protestant interest in europe , for so much and no less is the language of your practice , whatever you may pretend otherwise in your ordinary cant. as to that arrogant part of your martyrs paper , that your church suffers so much at present , for a strict adherence to loyalty , the laws and christian principles , it is truely extraordinary , that such an handful of men , as your party is , should take upon them to determine loyalty , laws , and christian principles , contrary to the sense of the legislative power of the nation , the national church , and indeed the greatest part of christians in the world , methinks that the very consideration of this , should have obliged you to suspend your judgment at least , till you had fairly examin'd , what the far greater part of your protestant brethren have to say in defence of their loyalty and christianity ; certainly if their practise be compair'd with the practise of your selves , and your adherents , you will find that they have as fair a title to piety , loyalty , and every thing else that is good , as you can possibly have , and would be as loath to offend god , and their own consciences as you would be , and therefore you cannot be the only party , with whom loyalty and christianity is to be found . do but cast an eye on the practise of your followers , and you will find that they are generally the worst , and most immoral people of both sexes ; and then if you consider your fellows and associates , you will find them to be turks , and either english or french catholicks , who are the very worst of papists , and that their design is the subversion of our laws and religion . and seeing you pretend to be men of conscience , examine the matter seriously betwixt god and your own souls , whether or not the voice of his word and providence , does not call on you to come out of babylon ; and not to joyn issue and interest with her , if you have any sense of the religion which you profess , or any remembrance of things past , do but reflect upon the danger which all the protestants in europe , and particularly those of britain and ireland , did apprehend their religion to be in , when lewis xiv . was swallowing up his neighbouring princes and states without controll , and when james the second sat upon the english throne , supported by a numerous army under the conduct of popish officers . look back upon the language of the church of england then , when her bishops were imprisoned , her universities in danger of being filled with papists , and the laws which defended her overturned by an illegal dispensing power , and answer from your consciences , whether you think a design to reinthrone k. james , who will certainly pursue the same measures , can be the cause of god and religion . or in short , take it into your serious consideration , whether a question of state and meer politicks , such as this is , whether the parliament or people of england can set another prince upon the throne , instead of one who did actually leave it , because he could not be suffered peaceably to overturn our laws and religion ? can properly be called the cause of god and religion ; and whether you or the convention and parliament are the best judges of our civil constitution ; or , because you are high pretenders to religion : answer , bona fide , how you can reconcile your principles and practice with the injunction of the apostle , who commands , subjection to the powers that be , rom. . . and submission to every ordinance of man for the lords sake , whether it be unto the king as supream , or unto governors , as unto them that are sent by him for the punishment of evil doers , and for the praise of them that do well , pet. . ? call your consciences to an account before god , and examine , whether the sufferings of that which you call your church , be not as busie bodies in other mens matters , and whether it be yours , or the parliaments business to determine , whether the late k. james did abdicate or not , and whether his present majesty has a good title to the crown by our laws or not , and don 't entitle your particular notions about civil government , which is none of your province , the cause of god and religion , to ensnare silly weak people , and bring them to the gallows , and to embroil nations in foreign and intestine wars , as you would not be answerable for all the blood that has been or may be shed on that account . magistracy is god's appointment , but the species as well as persons intrusted are ordinances of men , else it were unlawful for any christian to be subject to a republick , or a king chosen by the people , as in poland , &c. and the apostles rule to submit our selves unto the king as supream , or unto governors , should be false , which no man in his right wits will assert ; and considering the instability of the roman government at the time when this injunction was given , viz. when emperors were set up and cast down , as the army and the senate , or sometimes as the one , and sometimes as the other thought fit , we shall find that it s none of our part as private christians , to meddle with the decision of those affairs , but to submit unto that which the nation thinks fit to acquiesce in , especially in a case so clear as ours , when the prince exceeded the boundaries of his commission both from god and man , endeavoured the subversion of our laws and religion , the destruction of the good , and the incouragement of the bad , things diametrically opposite to the end of magistracy : and this i think enough to make it evident , that the church for which you make sir john friend to have been a martyr , and a sufferer , is none of that church which was built upon the foundation of the prophets and apostles , and that by consequence it 's no sin to be a separatist from it . paper . though i have a perfect charity for people of all pr●fessions , and do heartily wish well , and would endeavour so to do to all my fellow subjects of what perswasions so ever ; and indeed i have met with a great deal of vprightness and sincerity among some people of very different opinions in religious matters . and i hope and desire , it may not be taken as an vncharitable censure , or undue reflection , that i objected to the legality of popish evidence , being advis'd so to do for my better security , upon the foundation of a statute law. answer . charity is better manifested by actions than words , and truly , gentlemen , you will have much ado to perswade the world that there can be any thing of charity in your design , and sir john's , to involve your protestant brethren in three nations in blood and ruine , and to endanger the protestant interest all over europe , by countenancing a french invasion ; and if it were not ignoble to rake into the actions of the dead , there are many of your martyr's actions which might be instanced that favoured nothing of perfect charity . but the design of this part of the paper is obvious , viz. that you and your martyr may do all that you can to conciliate the good opinion of the papists , whom you and he are so very careful not to offend , that he must die with an apology to them in his mouth ; but it seems it was not worth either of your whiles to make the least apology for the offence which he had given to god , and the professors of the same religion with himself , by concealing the design of the horrid assassination , which his own conscience told him was so great a crime , that he was very careful of having himself not so much as thought to be concerned in it : but this i suppose he thought could be washt off by your cheating absolution ; and truely it had been more for the credit of your cause , to let this apology alone too , and put it upon the same score , for it only aggravates his own guilt , and that of your party ; for , if he had been a man of any manner of conscience , he could not have reflected so in open court upon the religion of a prince , whose restitution he esteem'd the cause of god and religion : and if he did really believe what he said in his defence , that papists think they merit heaven by destroying protestants ; his conscience must needs have told him , if he was really a protestant , that it could not then be his duty to endeavour the restitution of such a prince , who thought such a work meritorious , and had indeed acted as if he did firmly believe so , both before and after his coming to the throne , which is certainly inconsistent with the very end of government , as well as with the coronation-oath , by which he was sworn to govern us . but notwithstanding all the precaution you have taken , to have it thought , that those principles are only an uncharitable imputation upon the papists , that character will cleave to them , as being founded upon better ground than your martyrs assertion , which , considered in its self , is indeed none at all : so that his vindication of 'em , is of as little weight , as 't was possible for the vindication of any man to be . paper . having own'd my self a member of the church of england , i must take this opportunity , and i do it for god's glory , to apply my self to you that are royalists of that church , and of the same faith and principles with my self : and i beg of you for god's sake , and the love of your souls , to be very constant and serious in all religious offices , and holy duties of divine worship and service , which i have too much neglected , as i own to my great sorrow : let no excuse , no dangers , prevent or hinder you in these most necessary and serious matters ; and be , i beseech you , very careful and circumspect in all your actions , behaviour , and conversation , as i earnestly exhorted all that came to me . answer . this is a piece of extraordinary application , and concerns the honour of the church of england so much , that surely the governing part of it are obliged to think of a grateful reward to the absolvers , for telling the world , that those of the church of england are divided in their faith and principles ; for it seems , some of them are of sir john friends faith and principles , and others are not ; sir john's faith we have heard is , that to restore k. james by a popish french army , is the cause of god and religion ; and , in truth , if there be any part of the church of england of his mind , they must be the children of the bond-woman , and are fitter to be sent to the wilderness , then entertain'd in the bosom of the church . your martyr , in stead of royalists , should have plainly said jacobites , seeing others are for kingly government as well as your party . but this is not the only thing wherein his partiality appears ; for , as he will allow none but jacobites the name of royallists , so he addresses his exhortation to none but them , which is no great argument of his perfect charity ; but the matter i suppose would not bear it , for we must understand this exhortation to be a perswasive to jacobite conventicles , there being now no danger to hinder any man's performance of divine duty and worship , except sir john understood those unlawful meetings , and no others to be such . for the other part of his exhortation , i shall only say , that your martyr ought to have given better satisfaction of his own repentance , before he could reasonably suppose that his exhortation could have any weight upon others . paper . i have , i thank god , a great deal of satisfaction in my present sufferings , and have found it so ever since i have been under them , and blessed be god it doth continually increase upon me . and i do now lay down my life with all chearfulness and resignation , in sure and certain hope of a resurrection to eternal life , through our lord jesus christ , through whose merits alone i hope for the pardon of my sins , and the salvation of my soul. answer . gentlemen , i cannot but express my apprehensions of your gross hypocrisie in this last article . and i am confident that it will appear very evident by the following reflections . don't you know that your martyr did not only disown , but in a manner forswear the cause of his sufferings before the court , at his trial ? how is it possible then that he should have so shamefully denied it for fear of suffering , if he had really found so much satisfaction in his sufferings as here you make him express ? or is it supposable , if it had been so , that the very remembrance of his having so unworthily disown'd the cause of his sufferings , wherein he had found so much satisfaction , should not have melted him into tears and contrition , and made him glorifie god , and redeem the honour of the cause , by testifying a publick sorrow for his weakness in denying it ? sure i am , gentlemen , this was st. peter's practice , who made his repentance as publick , as his denial of his master ; and seeing st. john says , that his cause was that of god and religion , his denial of it was as gross as that of st. peter's ; but you don't make it appear that sir john's repentance was any thing like that blessed apostles . god knows whether these be the words of your martyr or not , but supposing they are , we can look upon them as no other than the effect of those delusions with which you had possest his soul , and that they were put into his mouth on purpose to strengthen your declining cause : in the belief of which i am the more confirm'd , by the assurance i have that one of your number told him with an unwarrantable confidence , when he mounted from the sledge to the cart , that the next step was to heaven ; which , gentlemen , if you do really believe to be so , it s a loss to the nations , as well as to your selves , that there are so many of your party who have not yet taken the first step. paper . and so , o lord , into thy hands i commend my spirit , for thou hast redeemed me , o lord , thou god of truth . and i do heartily and humbly beseech thee almighty god , and my most gracious father , to forgive and bless this sinful nation ; deliver it from the guilt of rebellion , blood , and perjury , that is now on all sides more than ever , and from all those other hainous sins which cry aloud . preserve and bless this church . comfort our distressed king ; restore him to his right , and his misled subjects to their allegiance : bless also his royal consort , our gracious queen mary ; his royal highness the prince of wales , that he may grow in stature , and in favour with god and man ; support and strengthen all those that suffer in any kind for a good cause ; give them patience under all their afflictions , and a happy deliverance out of them . forgive all mine enemies . pardon my former neglect , and remissness in religious worship , and holy duties , and all the sins i have been guilty of to this very moment . consider my contrition , accept my tears ; and now thou art pleased to take me hence , take me into thy favour , and grant that my soul may be without spot presented unto thee , through the merits of thy most dearly beloved son , jesus christ our lord. amen . answer . gentlemen , we have heard of those who fast for strife and debate , and i think it may be said without breath of charity , that this paper was penn'd and put into the hands of the poor criminal for no other end . you had taught him lies in the name of god , and now you put lies in his mouth for a prayer to the almighty . is it possible that you can hold up your faces to god and call that a rebellion which all the protestants of europe , besides your own inconsiderable crew , do look upon as a lawful war , pour out their prayers daily to the god of heaven for its success , and blessed be his name not without gracious returns ? have you so little observed the course of providence , as to accuse that prince as an usurper , on whose family heaven seems to have entail'd it , to be the champions of the protestant religion , and the liberties of europe ? do you think your selves better casuists then all other reform'd divines , who do universally approve his procedure , as agreeable to the laws of god ; and is your judgment in state matters so great , that you will venture to tell heaven that this is a rebellion , which most of the soveraigns in europe , and their counsels , do approve , as agreeable to the laws of nations ? in short , gentlemen , your peevish ecclesiasticks have assumed a power to themselves as great as ever was claim'd by the pope and his conclave ; for you can absolve men from their sins without repentance , and bind that upon the consciences of your disciples as law and gospel , which is directly contrary to the tenor of both . but to return to your prayer ; is it not enough that you arraign your country as rebels at the bar of heav'n , but you must also pray for the establishment of a succession of popish princes , which must needs be attended with the ruine of our religion ? and will no other terms serve you , to pray for our counterfeit prince of wales without profaning what was said of the blessed child jesus ? is that the reverence which you pay to his name ? but it s true , gentlemen , you make your criminal act like himself : he own'd at his trial that he us'd to mock heaven in his life time by praying for k. william , when he thought k. james's cause to be the cause of god ; and now you make him also to mock heaven at his death , by praying that god would establish a race of prince's amongst us , whom the poor man confess'd , must by their principles think they merit heaven by destroying protestants , god preserve these nations from such a generation of scribes , pharisees , and hypocrites , as are the tribe of absolvers . one thing i had almost forgotten to observe , viz. that sir john , by his own confession to the committee of both houses of parliament , made void his exception as to the truth of the evidence given in against him by the roman catholick witnesses , and hath made it appear , that whatever latitude they may allow themselves in their evidence against protestants as such , that yet they may be very good witnesses against those who take indirect methods to support a popish cause , whether they be papists or protestants ; and as it was well replied by the kings council to sir john , their being evidence in such a case will be one of the last things that the priests will absolve them for . sir william parkyns's paper . it hath not been my custom to use many words , and i shall not be long upon this occasion , having business of much greater consequence to employ my thoughts upon . i thank god i am now in a full disposition to charity , and therefore shall make no complaints , either of the hardships of my trial , or any other rigours put upon me . however one circumstance i think my self obliged to mention ; it was sworn against me by mr. porter , that i had own'd to him , that i had seen and read a commission from the king , to levy war upon the person of the prince of orange : now i must declare , that the tenour of the king's commission , which i saw , was general , and directed to all his loving subjects , to raise and levy war against the prince of orange and his adherents , and to seize all forts , castles , &c. which , i suppose , may be a customary form of giving authority to make war ; but i must confess , i am not much acquainted with matters of that nature : but as for any commission particularly levelled against the person of the prince of orange , i neither saw nor heard of any such . answer . there 's no reason to doubt that this paper was sir williams own composure , his education , and the defence he made at his trial , do neither of them give it the lie , nor is there any thing in it which savours of the canting bigotry of the other ; so that i shall only consider what 's material for our purpose in it . he pretends to a full disposition to charity , and yet complains of hardships and rigours , put upon him at his trial , which is not very consistent with charity ; i was present at his trial , and cannot imagine what ground he had for this complaint , if it was not that the court declin'd to put off the trial any longer , and that he was not allowed the benefit of the new act for regulating trials in cases of high treason . as to the former , if the government did not think fit to allow it , sir william had no just reason of complaint , he had sufficient time allowed him to prepare himself , and was treated with that moderation and calmness , which former reigns were strangers to . the crime he was indicted for , was one of the blackest that is to be met with in any record , and god knows that he and the rest of the assassins , did not intend to allow our gracious soveraign any time to prepare for death . i remember , indeed , that sir william alledged he wanted some material witnesses , but his confession of the crimes with which he was charged , make it evident that his design in that was to elude justice . and as to his being denied the benefit of the new act , the bench gave him a very good reason for it , viz. that it had not then taken place , and that they were to govern themselves by law , and not to make law , and if the equity of the thing be considered , there seems no great reason that they who are guilty of this horrid design , before the making of the said act , should have the benefit of it , tho the mildness of the present government hath ordered it otherwise ; and therefore sir williams complaint of rigour and hardship , was but ill founded , and may justly be imputed to some bitterness of spirit . as to his declaring , that the tenour of the kings commission , which he saw , was general , and directed to all his loving subjects , to levy war , &c. against the prince of orange and his adherents , and that he neither saw nor heard of any commission , particularly levell'd against the person of the prince of orange . it does not at all affect capt. porters evidence , nor deny that he inform'd the captain so , which proves that sir william was a very ill man , to have put such a gloss on the late kings commission , both to the capt. and charnock , in order to perswade them to the assassination , if he did not believe that to be the real meaning of it , however it may have been worded ; and it argues the absolvers to be traitors both to god and their king , pronouncing the absolution over sir william , before he had publickly begg'd pardon of that prince whom he had injur'd , and testify'd his repentance for drawing charnock , and others to the gibbet , by that false interpretation ; it hath been observed by another hand , that this commission which sir william gives an account of , looks liker a proclamation than a commission , but if it was only such a general commission as he talks of , what need was there of so much secrecy , why was it not seen by capt. porter , and others , who desired to see it , and why was it all writ with king james's own hand ? it is plain from the depositions of the witnesses , at the trial of charnock , &c. that a commission to attack the prince of orange in person , and to carry him over to france , at least was sent for , which to all men of common sense must appear to be impracticable , to have been done with such a small number of men. besides , when the commission , whatever it was , arrived , we find that all of them prepar'd to assassinate the king , and the design was chiefly managed by sir geo. barclay , who brought over the commission , and must necessarily be supposed to have understood the meaning of it best . we find likewise , that he brought over a sub-brigadeer , and of king james's guards with him , and that they were subsisted privately in town , and ordered to be in a readiness for the horrid design , so that let the commission be couch'd in what terms they please , the meaning of it is plain enough , and all their art cannot vindicate the late king from being the unhappy tool , to promote that execrable murder : we all know what bloody designs against protestants in general , and some of his own nearest relations in particular , he has been formerly accus'd of . nor are we to suppose that one who makes his way to the throne , by the death of a brother , would have any more tenderness for a nephew , or that he who gives way to the imposing of a supposititious son , to exclude his own daughters from their right to the crown , will entertain any scruple at the murder of a son-in-law , whom god and the nation have set up in his stead ; and if i should venture to say , that sir william hath not been ingenuous in his confession , there 's no reason to call it a breach of charity , considering that he hath not left the least evidence of his repentance , for the assassination behind him , tho he own'd to the committee of parliament , that it was a crime . paper . it 's true i was privy to the design upon the prince , but was not to act in it ; and am fully satisfied that very few , or none , knew of it , but those who undertook to do it . i freely acknowledge , and think it for my honour to say , that i was entirely in the interest of the king , being always firmly perswaded of the justice of his cause , and looked upon it as my duty , both as a subject , and an englishmen , to assist him in the recovery of his throne , which i believed him to be depri●ed of , contrary to all right and justice ; taking the laws and constitution of my country for my guide . as for my religion , i dye in the communion of the church of england , in which i was educated . and as i freely forgive all the world , so whoever i may any ways have injured i heartily ask them pardon . answer . here 's another remarkable piece of disingenuity , as if it were not all one for him to act in it himself , as to prompt others to do it , and to furnish men , horses , and arms , for the execution , which was fully prov'd against him at his trial , tho he takes no notice of it here , and does not at all deny it . and we have very great reason to think , that the late king was one of the few that knew it , besides these that undertook it , and do verily believe that they design'd to let as few more know of it before-hand as possible , and that in all probability , was the reason why the commission was kept up , even from most of these who were to have been actors in it . in the next paragraph , he seems to justify himself by the supposed justice of the late kings cause , and values himself upon the honour of having been always in his interest ; and yet to preserve his place , he took the oaths to his present majesty , so that it seems the late king allows that practice in his adherents , and reckons them nothing the less intire to his interest , because they may thereby be the more capable of doing him service , and by this unhappy gentlemans confession , it would seem to be the principles of the party , to assist the late king in the recovery of his throne , by all sorts of means , how unlawful soever . nay , even by abjuring him one day , and murdering his present majesty the tother : as for his pretence to justify himself by the laws and constitution of his country , enough has been said on that head already , in answer to sir john friend's paper . and whereas sir john and he both pretends to die in the communion of the church of england , it would seem necessary , if the governing part of the church find it meet , that an authentick explanation of the churches doctrine , as to passive obedience and nonresistance , should be publisht to the world , that poor people may not be misled to their own ruine , and the nations involv'd in blood by those who pretend to justify their adherence to the late king by the doctrine of the church of england . finis . the votes of the honourable house of commons, in vindication of the eleven members charged by the army. england and wales. parliament. house of commons. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) the votes of the honourable house of commons, in vindication of the eleven members charged by the army. england and wales. parliament. house of commons. sheet ([ ] p.) printed by r.r., london : . dated: die veneris junii, . signed: hen. elsynge cler. parl. dom. com. after debate on the demand of the army for suspending denzill hollis, sir philip stapleton, sir william lewis, sir john clotworthy, sir william waller, sir john maynard, maj.-gen. massy, mr. glyn, recorder of london, col. walter long, col. edward harley, and anthony nicoll, before any particular charge against them is made: -- cf. steele. reproduction of the original in the british library. eng england and wales. -- parliament. -- house of commons -- early works to . great britain -- politics and government -- - -- early works to . great britain -- history -- civil war, - -- early works to . a r (thomason .f. [ ]). civilwar no the votes of the honourable house of commons, in vindication of the eleven members charged by the army. england and wales. parliament. a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion the votes of the honourable house of commons , in vindication of the eleven members charged by the army . upon a solemne debate concerning that high demand of the army , in their paper lately sent , for the suspending of denzill hollis esquire , sir philip stapleton , sir william lewis , sir john clotworthy , sir william waller , sir john maynard , knights ; major generall massy , master glyn recorder of london , colonell walter long , colonell edward harley , and anthony nicoll esquire , members of that house , before any particular charge given in against them , it is resolved as followeth : die veneris junii , . resolved upon the question by the commons assembled in parliament , that by the lawes of the land , no judgement can be given to suspend these members , or any of them , from sitting in the hovse upon the papers presented from the army , before particulars produced , and proofs made . resolved , &c. that it doth not appear , that any thing hath been said or done within this hovse by any of the members in question , touching any matters contained in the papers sent from the army , for which this hovse can in justice suspend them . hen. elsynge cler. parl. dom. com. london , printed by r. r. . xxiii. punctilio's or caprichio's of state among the present grandees. by count gundomar twenty-three punctilio's or caprichio's of state among the present grandees. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing t aa). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing t aa estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ; : ) xxiii. punctilio's or caprichio's of state among the present grandees. by count gundomar twenty-three punctilio's or caprichio's of state among the present grandees. gondomar, diego sarmiento de acuña, conde de, - , attributed name. p. s.n.], printed at madrid [i.e. london : in the year . a satire. the attribution and the imprint are both false; in fact printed in london (wing). identified on umi microfilm (early english books, - ) reel as wing s a. reproductions of the original at the harvard university library. eng political satire, english -- early works to . great britain -- politics and government -- - -- early works to . great britain -- history -- commonwealth and protectorate, - -- early works to . europe -- history -- - -- early works to . great britain -- politics and government -- humor -- early works to . a r (wing t aa). civilwar no xxiii. punctilio's or caprichio's of state among the present grandees. by count gundomar. gondomar, diego sarmiento de acuña, conde de d the rate of defects per , words puts this text in the d category of texts with between and defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - elspeth healey sampled and proofread - elspeth healey text and markup reviewed and edited - pfs batch review (qc) and xml conversion xxiii . punctilio's or caprichio's of state among the present grande●s . sed magis ingenue peribonius , hunc ego fatis imputo — by count gundomar . printed at madrid in the year , . xxiii . pvnctilio's or caprichio's of state . i. whether the court of honour was not timely and prudentially supprest in the beginning of this brouillery , since the authors of our confusion had none themselves nor intended to leave any in ; or to the nation . ii. whether we or the kingdom of portugal , shall have the honour of precedency in returning to our ancient and pristine allegiance ; if not , whether the same armes that are like to reduce the latter , may not reduce us . iii. whether the english plenipotentiaries in the sound , to accord the two northern kings , were not more usefull at home to compose the difference betwixt the parliament and army , having been so well exercised and experienced in uneffectual and unfeasible treaties . iv. whether mounsieur downham may not be any ones broker or factor in holland , since his principals here are bankroupt ; whether he have not leisure enough to enquire after the crown jewels , as his master oliver instructed him . v. whether the welch , or no ambassadour , were sir william , or my lord lockhart , or my lord cardinals fool at the late enterview of the favovrites , whether he did bezos los manos or la cueva of don lewis de haro ; and whether his credentials were not writ in scotch . vi . whether to be master of the sword and militia , be not more advantagious then to be master of the wardes and liveries , and yet if he be not lamberts pupil : and whether charles fleetwood , be any kin to miles fleetwood . vii . whether it were not a main errour in oliver in satisfying himself with the bare diminution and eclipse of my lord lambert ; whether like ixion he may not be begot of a cloud ; whether like him he may not turn the wheel and change this abyss of confusion into an elysium . viii . whether john desborow's high shoon , or his lordships collosha's are best to wade through thick and thin ; whether he knows any difference betwixt a barn and the parliament house , since ther 's threshing and winnowing in both ; whether lambert plow not with him . ix . whether lieutenant col. duckenfield ought not to be master of the ceremonies , since he could parler so court-like with the speaker , and brought him so a la mode to his audience at wallingford house . x. whether my lord whitlocks extraordinary embassy to sweden , his intrigues there , his puny treasurer-ship , his juniority to lisle for the custody of the seal , his new league with the army will be any riddle to knotty squire dun. xi . whether alderman tichburn's impertinent headpiece , make him not as troublesome a senator to the souldiery as he is a president to the new artillery men . xii . whether crispin was not a type of my lord h●wson ; whether he has not married a quean : if he ought not at last to be president of the new thing that hath so much cobling work to doe . xiii . whether mr. brandriffe be better at the drawing or council board ; whether he or his goose will best forward the settlement ; whether he be not fitter to be porter at white-hall gate being measured out for such a fellow . xiv . whether ireton in a ruffe would not looke like queen besse , and wonderfully grace the new senate and strike ●n awful reverence and dread into the boyes and girls of the town . xv . whether the army found it not easier to cajole lieutenant general ludlow into their junto , then they will finde it to cokes overton out of hull , it being rebellions and the parliaments metropolis : xvi . whether sir orlando hes●lrigge might not be one of this pack , if he would allow this to be halfe so villanous as his . xvii . whether the armies light touch of the murder of the king in their late plea , be not a point mainly and chiefly to be insisted on . xviii . whether the solemn league and covenant , the parliaments engagement against king , &c. olivers instrument , the new subscription of the army were licensed by matchiavil , and which of them is most especially and eminently obligatory in point of conscience . xix . whether the army thought not to monkifie general monk by prescribing him such a toye as their addresse for his imitation ; whether they be not mistaken , and the divel a monk is he ; and if he must be one , whether he had not better by his loyalty enter himself in the order of benedict . xx whether lawrence and sydenham were not taken in for tutors to the new f●…y , that the affaires of this new nothing might be managed orderly and to little purpose . xxi . whether sir henry vanes wisdome should not have been the first pageant in my lord maiors shew , whether mischief , mony , or vain-glory is most pleasing to him , whether he sutes with balzae's character , that there are a sort of men born to trouble and disquiet the world , whether his devilship be not convinced of his detestable contrivements ; and if the committee of safety may not aptly be surnamed vane , and if london bridge lack not a vane . xxii . whether the rest of the pack , can be marshalled by any herauldry but ralph briscoes bookes ; whether their politique education has not been an insuportable charge to the commonwealth whilest it eased particular parishes ; whether they can give any other account of themselves then tom pride ; if they can , that they inform the printer who will give them their due honour . xxiii . whether this punctilio-maker would scruple i think it below him to be halter-maker of the senate if he could not shew them a better turn of state then any yet ; if such a course would not be the onely way to safety : and finally if the commissioners , shall not have in due time godfathers . finis . die jovis, september. . ordered by the commons assembled in parliament, that it be referred to the committee at gold-smiths hall to compound with all such delinquents as have come in upon mercy sithence the first day of may last, ... england and wales. parliament. house of commons. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) die jovis, september. . ordered by the commons assembled in parliament, that it be referred to the committee at gold-smiths hall to compound with all such delinquents as have come in upon mercy sithence the first day of may last, ... england and wales. parliament. house of commons. sheet ([ ] p.) printed for edward husband, printer to the honorable house of commons, london : . title from heading and first lines of text. signed: h:elsynge, cler. parl. d. com. reproduction of the original in the british library. eng england and wales. -- parliament. -- committee for sequestration of delinquents' estates -- early works to . estate (law) -- england -- early works to . attachment and garnishment -- england -- early works to . great britain -- history -- civil war, - -- confiscations and contributions -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no die jovis, september. . ordered by the commons assembled in parliament, that it be referred to the committee at gold-smiths hall to co england and wales. parliament. a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - pip willcox sampled and proofread - pip willcox text and markup reviewed and edited - pfs batch review (qc) and xml conversion die jovis , september . . ordered by the commons assembled in parliament , that it be referred to the committee at gold-smiths hall to compound with all such delinquents as have come in upon mercy sithence the first day of may last , according to the highest rate in the propositions : and that the said committee do upon their report state the nature of the delinquencies , and the time of the coming in of all such persons with whom they shall make any such compositions ; and that the time given to all such delinquents as are comprised within this order to prosecute their compositions in with effect , shall be until the third day of october next ; and in default of such prosecuting of their compositions within that time , that then their whole estates shall be forfeited and sold : and that this order be forthwith printed and published . h : elsynge , cler. parl. d. com. london : printed for edward husband , printer to the honorable house of commons . . an act touching the moneys and coyns of england. england and wales. parliament. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) an act touching the moneys and coyns of england. england and wales. parliament. sheet ([ ] p.) printed for edward husband and john field, printers to the parliament of england, london : . order to print dated: die martis, julii, . signed: hen: scobell, cleric. parliamenti. reproduction of the original in the british library. eng money -- england -- early works to . coinage -- great britain -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no an act touching the moneys and coyns of england. england and wales. parliament. a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion blazon or coat of arms an act touching the moneys and coyns of england . vvhereas the ordering of moneys and coyns , and setting the same at such valuations and prizes as shall be thought convenient and necessary , is appropriate and of right belonging to the soveraign and supreme authority of this commonwealth ; and the parliament having resolved to change and alter the former stamps , arms , pictures , with the motto's , vvords , stiles and inscriptions in and about the same , and to cause new coyns of gold and silver to be made of several stamps , weights and values , but of one uniform standard and allay , to be currant within this state and commonwealth of england ; ( that is to say ) one piece of gold of the value of twenty shillings sterlin , to be called , the twenty shillings piece , stamped on the one side with the cross , and a palm and lawrel , with these words , the commonwealth of england ; and on the other side with the cross and harp , with these words , god with us : one other piece of gold money of ten shillings , to be called , the ten shillings piece ; and one other piece of gold money of five shillings , to be called , the five shillings piece , with the same vvords , inscriptions , pictures and arms on each side as the former : and for silver moneys , pieces of five shillings , and pieces of two shillings and six pence , and pieces of twelve pence , and pieces of six pence , having the same vvords , inscriptions , pictures and arms on each side as the former ; also pieces of two pence , and one peny , having the same pictures and arms as the former , without any vvords or inscriptions ; and the half peny having on the one side a cross , and on the other side a harp : all which several coyns of gold and silver , the parliament doth hereby enact , declare , publish and authorize to be amongst others heretofore used , the moneys currant for this state and commonwealth of england , to be used and received by all the people of this nation , in all receipts and payments , and in all maner of traffiquing , bargaining and dealing between man and man , at the several rates and values contained in the schedule or table hereunto annexed , expressing their true values and vveights , according to the accompt of the mint within the tower of london . pieces of gold .   peny weights . grains . mites . droits . perits . blanks . s. xx s. x s. v pieces of silver . s. v s. d. ii vi d. xii d. vi   d. ii   d. i ob . memorandum , twelve ounces makes a pound weight troy ; twenty peny weight makes an ounce ; twenty four grains makes a peny weight ; twenty mites makes a grain ; twenty four droits makes a mite ; twenty perits makes a droit ; twenty four blanks makes a perit . die martis , julii , . ordered by the parliament , that this act be forthwith printed and published . hen : scobell , cleric . parliamenti . london , printed by edward husband and john field , printers to the parliament of england . . die lunæ . iunii . an additionall ordinance of the lords and commons assembled in the parliament of england for the more full indempnity of the officers and souldiers who have acted by authority, and for the service of the parliament. england and wales. parliament. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) die lunæ . iunii . an additionall ordinance of the lords and commons assembled in the parliament of england for the more full indempnity of the officers and souldiers who have acted by authority, and for the service of the parliament. england and wales. parliament. sheet ([ ] p.) for john wright at the kings head in the old bayley, printed at london : . ordered to be printed and published june , by joh. browne cler. parliamentorum. reproduction of the original in the british library. eng pardon -- great britain -- early works to . soldiers -- great britain -- early works to . great britain -- history -- civil war, - -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no die lunæ . iunii . an additionall ordinance of the lords and commons assembled in the parliament of england for the more full indempnit england and wales. parliament. a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion die lunae . iunii . an additionall ordinance of the lords and commons assembled in the parliament of england for the more full indempnity of the officers and souldiers who have acted by authority , and for the service of the parliament . forasmuch as in the times of this late warre and publike distractions , there have been many injuries done to private persons , and other offences committed by divers persons bearing armes in the service of the parliament ; the lords and commons in parliament assembled taking into their consideration , that it is expedient that the injuries and offences aforesaid be pardoned and put in oblivion , rather then by pretence of prosecution against some few persons , a great number of such who have faithfully served the parliament be brought into a continuall vexation for such actions as the exigency of warre hath necessitated them unto , doe therefore ordaine , and be it ordained by the said lords and commons , that all persons who have committed any offences , trespasses , injuries , or other misdemeanours whatsoever , during such time as they have been imployed in arms by , or for the service of the parliament , be , is , and are hereby discharged and pardoned of the same , and of and from all prosecution or damages therefore , either at the sute of the king or the party grieved ; and may , in case he or they be questioned therefore , plead the generall issue , and give this ordinance in evidence , which shall be allowed to all intents and purposes , as if the same were pleaded in barre : and in case any shall prosecute any action or sute contrary to the tenour of this ordinance , against any person hereby discharged , after notice given that such person is hereby discharged , the defendant or defendants so prosecuted , shall recover his and their costs against such prosecutor . provided also , that this ordinance , nor any thing therein contained , shall extend to discharge any such person or persons as aforesaid , from making their true and just accompts to any committee or committees of parliament , appointed or to be appointed for that purpose , of what they have taken , received , or had for the service or benefit of the parliament . die lunae . junii . ordered by the lords assembled in parliament , that this ordinance be forthwith printed and published . joh. brown cler. parliamentorum . printed at london for john wright at the kings head in the old bayley . . by the king, his majesties proclamation concerning the bringing in of armes to his magazine in the citty of worcester england and wales. sovereign ( - : charles i) this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing c ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing c estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) by the king, his majesties proclamation concerning the bringing in of armes to his magazine in the citty of worcester england and wales. sovereign ( - : charles i) charles i, king of england, - . broadside. by leonard lichfield, [oxford : ] imprint suggested by wing. "given at our court at oxford, this fourteenth day of december, in the eighteenth yeare of our reigne." reproduction of original in the bodleian library. eng great britain -- history -- civil war, - . great britain -- politics and government -- - . a r (wing c ). civilwar no by the king, his majesties proclamation concerning the bringing in of armes to his magazine in the citty of worcester england and wales. sovereign a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion royal blazon or coat of arms c r honi soit qvi mal y pense by the king . ¶ his majesties proclamation concerning the bringing in of armes to his magazine in the city of worcester . whereas we are informed , that severall persons in our county of worcester , who by law ought not to have armes , have underhand provided themselves of great quantities , and that both they , and other persons have in their hands great store of armes sold , lost and left in that county , by our army , and by the army of the rebells , under the command of the earle of essex , which armes it highly concernes our safety and the peace of that county , in a time of so great danger and distractions , that especiall care be taken , least they remaine in unknowne hands , and so be in danger to be imployed against us , and our good subjects ; therefore our will and pleasure is , and we doe hereby charge and command all such of our subjects in our county of worcester , who by law ought not to have armes , and all such who have in their custody any armes either for horse or foot belonging to any of the souldiers of our army , or to the army under the command of the earle of essex , or were sold or lost by them , that they faile not to bring them in , within fowre dayes after this publication of our pleasure , to our to colonell sandys ; or to such magazine at worcester , and deliver them to colonell sandys ; or to such persons as he shall appoint and hereof we require them not to faile , as they desire not to give us any testimony of their ill affection to us , and as they will answer the contrary at their uttermost perills . and this our proclamation we require the high sheriffe of that our county to cause to be read in all churches and chappells within the same ; that notice of this our pleasure may be taken by our subjects , and speedy obedience given thereunto . and we require that our high sheriffe to search the houses of all such of our subjects , as he shall have cause to suspect to conceale such armes as aforesaid , and to seize the armes and persons of all such , who upon search and examination , shall appeare to have beene disobedient to this our command . ¶ given at our court at oxford , this fourteenth day of december , in the eighteenth yeare of our reigne . god save the king . a spie, sent out of the tower-chamber in the fleet. diogenes-like argus is sent to spie, the sequell tells you both by whom and why: if thous canst help him to his wished end, thou'lt prove the prisoners and thy kingdoms friend. adis, henry. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing a thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) a spie, sent out of the tower-chamber in the fleet. diogenes-like argus is sent to spie, the sequell tells you both by whom and why: if thous canst help him to his wished end, thou'lt prove the prisoners and thy kingdoms friend. adis, henry. [ ] p. s.n.], [london : printed in the seventh year of the authors oppression, being the th year of this parliaments reformation: and in the year of our lord, . the authors name appears on a r. in verse. with title-page illustration of argus bearing a torch and a lantern. place of publication from wing. with final epilogue leaves. signatures: a² b⁴ c² . annotation on thomason copy: "feb: th"; the in imprint date crossed out and date altered to . reproduction of the original in the british library. eng great britain -- politics and government -- - -- poetry -- early works to . a r (thomason e _ ). civilwar no a spie, sent out of the tower-chamber in the fleet.: diogenes-like argus is sent to spie, the sequell tells you both by whom and why: if th adis, henry. c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion a spie , sent out of the tower-chamber in the fleet . diogenes-like argvs is sent to spie , the sequell tells you both by whom and why : if thou canst help him to his wished end , thou 'lt prove the prisoners and thy kingdoms friend . though hard my busines , tedious be my way , i 'le on , and make return without delay : no rest i 'le give to feet , nor eyes , till i have done the duty of a watchful spy. if any one there be that wants my spies , let him repair to me , i 'le spare him eyes . printed in the seventh year of the authors oppression , being the th year of this parliaments reformation : and in the year of our lord , . the authors name . h he that would know by whom the spy is sent , e expect withal to know the spies intent ; n nor need he seek much further , he may be r resolved speedily , 't is i am he , y your fellow subject , spoild , and unjustly spent , a and by injustice am to prison sent . d diogenes-like , my argus goes to see i if any justice in the kingdom be : s such is his care ; * and he doth promise thee that henry adis shall his answer see . the avthor to the reader , vpon his infant-muse . my maiden-muse , whose subject was divine , is now by reason of our unjust time with it distracted , all turn'd into passion , as if contention onely were in fashion . her fancies that did soar beyond the skies , by my undoing , haste to satyrise , how could she thunder out injustice store , in such a strain that ne'er was reach'd before ? did i not curbe her in , she 'd plainly tell each man his faults , and who do ill or well : how could she praise the one , display the other , without partiality , though 't were my brother , or best of friends , the neerest of my kin ? she so detests and hates that hell-bred sin . how doth she blush to see gods image , man , by his injustice like the divel to stand ! perverting truth into a shamefully , how much laments she when she hears men cry they ' r plundered , rob'd , and spoyl'd of all they have , and of a free-born subject made a slave . life , liberty , estate , and kingdomes law by greatnesse too unjustly kept in aw . this moves her passion , makes her grow unruly , and now i taste her disposition truly : how froward is she , waspish , in the pet , to see that christians worse then heathens set themselves to rob their god , of these his due , iustice and mercy , only by which two most glorious attributes he 's pleas'd alone to make himself to us most cleerly known ? beshrew them for disturbing of her rest , for she for heaven and heavenly things was prest : if thus in infancy she 's forc't to chide , in riper years who may her taunts abide ? for in her youth if she such frownes do show , in older age she needs must rougher grow . and now her passion 's rais'd , 't is not in me to mod'rate or alay it , till she see true iustice done , and i from prison freed : the which , that it be gain'd with greater speed , i beg thee gentle reader , presse and cry for iustice , as if thou thy self didst ly in my estate , from which thou canst not be till better justice done , secur'd or free : it is a general good , be then inclin'd to have the ruin'd prisoner in thy mnid : for what thou dost for him , thou 'lt plainly see is for thy self , and thy posteritie . the avthors charge to his argvs . qvick sighted argus haste , make no delay , like to the lyon , greedy of his prey , range far and neer , in every corner spy where iustice innocent may lurk or ly : for sure i am he 's hid , and hath not been in this our climate * scarce these seven yeers seen . the noise of drums , and guns , the smell of powder , or match , our cannon-shot , which are far louder . or our innumerous tearing ordinances , the horsemens clatt'ring armes , or horses prances , our thundrings , blundrings , plundrings every day , i fear have scar'd him from us quite away . sweet argus haste thee , and perform the charge that i do give thee : thy commission 's large : and be not absent from me many yeers , to raise in me new jealousies and fears ; but take it as a branch of thy commission , to act thy careful part with expedition : continue faithful , prove as true as steel , constant , like him that turneth fortunes wheel . remember iuno's bird , and never be deceiv'd again by any mercury : let no deluding musick more inchant thee , nor threats , nor frowns of any greatness , daunt thee : i do conjure thee to perform the trust in thee repos'd , be faithful , true , and just : be watchful , careful , let no eie be sleeping , but all employ'd , in every corner peeping , where any probability may be that iustice lurks , or thou just acts may'st see . haste to th' army , to th' head-quarters hye : search out the reformadoes where they lie ; be frequent at their quarters , learn if they have not conniv'd , and let h●m steal away , who if h' ad staid , and wars been hust and left , their often plundrings had been prov'd plain theft ; enquire amongst them if they do not know that he was banisht th' army long ago before this model , if he exiled , then why should we seem to blame these other men for not performing what they have declared ? in conscience then these men may well be * spared . but shall i tell thee argus the conceit that came into my musing troubled pate ? i fear those members lately sent away , banisht him first , and after durst not stay . but to thy charge , post further into th' west , there take what speedy course thou thinkest best to find him out , but ere thou further go , take some instructions how thou maist him know ; be not mistaken , 't is not every he that sits in iustice seat , that just will be , thou seest it proved true , thou know'st how i have suffered in a court of equity : how i am ruin'd , and turn'd out of all , and yet turn'd in again to bondage thrall bereav'd of house , and goods , and remedy , and as unjustly caus'd in goale to lie . which maketh many think that i have spent all , truth is , i 'm ruin'd by unsavory lenthal . that partial iudge , who with his ianus face , relents no wrongs , blusheth at no disgrace , whose wills his law , and be it right or wrong , he 'll still be taking part with them that 's strong , who lately went to th' army , 't is well known , which was dislik'd by many of their owne : and when sir thomas printed forth his praise , the people could not hope for better daies , when as this * machiavel is so detected for his injustice , yet is still respected , and honour'd as the kingdoms deerest friend , when as his aime is nothing but self-end . whose actions are so vile , so fouly base , that they do live engraven in his face . his greatness , nor his power cannot blind them , but all the kingdom both remark and mind them , whose powerful influence flows to such a rate , that our inferior * ministers of state dares not to cross , nor his injustice alter , but rather with him by injustice falter . who by his power doth hope to beset free from that injustice they bestow on me . argus be wise , and be not eas'ly charm'd , fore-warned be , as thou art now fore-arm'd , observe the marks that i shall give to thee , to know true iustice from partialitie . a rev'rend iudge is he whom thou dost find thus qualifi'd in outward act and mind , this is his wish , and in his heart 't is treasur'd , to have his greatness by his goodness measur'd : he 's one that doth appear to thee and me , none other then he 'd have us both to be . and yet this is his care , his greatest fear , lest he prove other then he doth appear , true justice cannot one thing seem to be , and yet prove other , that 's hypocrisie : and as his heart 's inclin'd to give content , so are his outward acts as innocent , like to his embleme , thou shalt cleerly finde to all respect of persons he is blind , his ears are open all complaints to hear , and from bribe taking both his hands are clear in one a tickle ballance thou shalt spy , to weigh all diff'rences with equity , a two edg'd sword there doth possess the other , to cut as well to stranger as to brother his equal due , such is his circumspection ▪ the innocent to shroud by his protection from all abuses , but the nocent he doth punish with as much severity : in fine , he gives no leave to me or you to cozen any of his real due : he is endow'd with vertue , and such art that he devides to each his equal part with innocence , without partiality . and if thou chancest such an one to spy , take eagles wings if thou be'st in the west , and bring me word , for they will speed thee best , and as quick titan in his course doth hie , so do thou quickly cut the starry skie , if in the east thou find'st such creatures are , get up betimes , haste with the morning star , and with aurora's light let me have word . this phoenix if the southern part afford , call to this welcom sight swift mercury , and whilst his senses ravisht are to see this seldom seen , strip off his swifter wing , and poste away to me the news to bring , by which thou shalt his cunning equalize , when he bereav'd thee of thy hundred eyes . if in the cold and ruder north thou find this heaven-bred creature , swiftly be inclin'd to make thy speed , which that thou maist improve , go hire the wings of that swift scottish dove , and soar my towring ark , and there present me with that , which nothing better can content me : this olive-branch alone is that will presse , and give both me and all the kingdom ease . but ere thou com'st away , incline his heart to stay till thy return , and not to part from that his residence , do thou intreat him , and in these gentle begging words bespeak him . sweet justice , thou great stranger in our land , by whose great power all kingdoms firmly stand vnder their great creator , thou art he that canst annihilate our misery . and canst restore the wrong'd to right agen , and glad the hearts of discontented men , who by jehovah's power canst with a smile both king and people forthwith reconcile : who canst unlock the prisons , and canst see the many poor oppressed , subjects free : where hundreds are enslav'd this instant houre by tyrannie and arbytrarie power , i do conju●e thee now , as thou art true , that hence thou part , nor bid this place adieu , till i but carryword , and come agen with thousands of poor discontented men , who are bereav'd of all for want of thee , and brought to slavish wo and misery . if thou didst view our discontented land , longer thou couldst not thus remotely stand : didst thou behold thy judgment seat abused , thy self disgrac'd thy name profanely used , by those that are not what they seem to be , surely thou wouldst no farther from us flee , but rather haste to vindicate thy name , and to restore thy self , thy ancient fame , to terrifie that crue that have abus'd thee , and thus disgracefully so long have us'd thee . if thou with confidence these words canst say , i am assur'd he cannot then away , for when the poor oppressed to him cry , he must in iustice give them remedy , nay 't is his kind , this makes him iustice be , to right the wrong'd , to set the bond-man free , to ease the heavie burd'ned and oppressed , and mercy shew to him that is distressed : if he be iustice just , he will be be known the onely he the poor mans cause to own ; else he must cease from what he seems to be , and then he is not what he shews to thee : therefore if he shall seem to slight thy speech when thou do'st press , entreat , or thus beseech , or else pretend some other weighty thing , either for people , kingdom , or the king : believe him not , though he make protestations , vows , covenants , and several declarations : though he pretend religions purity , and that a very saint he seems to be , in observation of each fasting-day , or by the spirit though be seems to pray , though he be zealous to destroy the crosse , and blot out names of easter , lent , and mass , to banish superstitious holy-daies , with fingle-fangling rosemary and bayes , that root and branch hath pul'd the bishops down , that presbyters alone might wear the crown , of government , or if the onely he that standeth most for independency , and yet neglects the poor mans cry to hear , all his religion's va●n , 't is plain and clear , he wants the fear of god , and charity , and all his shews are but hypocrisie : believe him not what ever his pretences , let him not cozen nor delude thy senses . too many such we have , 't is too well known , that makes both me and thousand subjects groan , who hears , and sees , and knows our misery , and can give ease , yet suffers us to lie ; such is their sordid baseness , whose self ends , is how to pleasure greatnesse , and their friends to raise to honour for the time ensuing , though by their princes , and his peoples ruine . as for my * trustee , he on whom i doted , to deal for me , to greatness is devoted . who when i told of this my rued story , he answer'd me , i was too peremptory to send to him to help these my decaies , who gives me over , and my trust betraies . i charge thee once again , believe not these who justice slights , themselves alone to please : and will not mercy shew , but pass them by as those ordain'd for wo and misery . and forthwith poste both north , and east , and south , and as thine eies , so open wide thy mouth , and send out proclamations , hue and cry , if any one that see him passing by can bring thee tydings of him , he shall see by thousand prayers himself rewarded be , and shall be counted as ●is kingdoms friend , her differences and discontents to end : the kingdom then shall flourish , and the king and people , shall enjoy their own agen : and then the king shall into favour take him , and as he 's good , so he as great shall make him , and crown him with an olive wreath , and then the ruin'd subjects all shall cry amen . and thus it shall be done alone to him that justice brings to kingdom , and the king . finis . argvs his epilogue to the reader . a a trustee i am made , thou see'st i 'me sent , r resolve i do , and 't is my full intent g great care to take to finde out justice clear , v vnlesse he quite forsaken hath our sphear : s such love i bear him who in prison lies , argus will not be sparing of his eyes t to search and seek to note , to pry and spy , o observe , and mark , i 'le lend each place an ey , t that so , if any place will jus afford h he that hath sent me forth may have quick word . e each house i 'le slyly pressè , and each committee , the greatest both in parliament and cittie . r resolv'd i am to try my utmost skill e each day and hour , till i have view'd my fill : a and as i finde each place to right inclinde , d distressed adis shall impart my minde : e expect it speedily , i le not delay , r. reader farewell untill some other day . errata . in the fifth marginal note , for justice parker , read justice carter . also in the same pag. l. . r. fore-armed be , as thou art now fore-warn'd . as also these following . lines , after the afore-said line , 't is not the judgement-seat , the reverend gown , the judges countenance , his smile or frown , nor is it greatnesse makes the sentence just : in all , or any of these , repose no trust : let none of these thy cleerer ey-sight charm , for then thou 'lt bring me but a false alar'm . in the d following pag. l. . for presse , r. please . whereas this author , henry adis , late of covent-garden vpholder , being imprisoned in the tower chamber of the fleet , by an arbytrarie power : and most unjustly turned out of his house , and ruined by that powerful man of our times , the honourable william lenthal , esquire , not as he is speaker of the honourable house of commons , but as he is a commissioner for the custodie of the great seal , and master of the rolls . and being denied the benefit of going abroad with his keeper by him ( though petitioned for ) so that he cannot have any benefit of his trade and customers , who for the present relief of himself , his wife , and three small children , was lately enforced to publish in print some of those arts which it hath pleased god to endow him with ; amongst which are these ensuing , which have been found very commodious and beneficial to all that have used him therein , viz. he hath found out a new way by fire to purge out all manner of grease , wax , oil , or other spots of sweet meats , ale , beer , or wine , or any other filth or soil , out of wearing apparel , or other things , without slabb'ring or wetting them , so that the colour shall not be thereby endangered , though not in grain , and with that expedition , that if he have a suit over night , it shall ( if necessity require ) be restored by the next morning compleatly cleansed , and as well over all the suit , as the spotted places ; so that the whole garment shall be well nigh as fresh as at first : and as speedily all clothes of leather . he also cottoneth frise , bayes , or penistone in garments , without taking them to pieces : and also raiseth a wool upon cloth or stuffes in suits that are not too low worn upon the thred ; so that if he have a suit but about half worn , he bringeth it to a very good perfection ; yet if never so low worn , he so clenseth and ordreth it , that it may be long worn with credit . by the foresaid art he also doth as much in silks , sattins , taffates , and velvets , as ever was done by any , to clense it from grease , wax , or oyl , which he doth in wearing apparel , or otherwise . by which art also he refresheth silver and gold lace , or fringe upon wearing apparel , beds , or other things , though never so black and tarnished , and bringeth it to a very good lustre , and to continue long . all which by reason of the expedition and easie charge hath and will be accounted very commodious for people of all ranks and qualities ; especially those who are desirous to wear their apparel neat and clean , and are not willing in these distracted and hard times to make new , or bestow much in altering those they have . he also scoureth , refresheth , and mendeth all sorts of tapestry , turkey-work , or needle-works , and riddeth them clean from moths . notes, typically marginal, from the original text notes for div a e- * in his epilogue . notes for div a e- * i speak by wofull experience . * and lay down armes . * so i shall prove him . * as iustice hooker iustice parker , the sheriffe of middlesex , and klinkerd the bayliffe of vvestminster , but of them at large in the spies answer . or christmasse . * m. bell burgess of westminster , but more of him in the spyes answer the true portraiture of the kings of england, drawn from their titles, successions, raigns and ends, or, a short and exact historical description of every king, with the right they have had to the crown, and the manner of their wearing of it, especially from william the conqueror wherein is demonstrated that there hath been no direct succession in the line to create an hereditary right, for six or seven hundred years : faithfully collected out of our best histories, and humbly presented to the parliament of england / by an impartial friend to justice and truth. parker, henry, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing p ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing p estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the true portraiture of the kings of england, drawn from their titles, successions, raigns and ends, or, a short and exact historical description of every king, with the right they have had to the crown, and the manner of their wearing of it, especially from william the conqueror wherein is demonstrated that there hath been no direct succession in the line to create an hereditary right, for six or seven hundred years : faithfully collected out of our best histories, and humbly presented to the parliament of england / by an impartial friend to justice and truth. parker, henry, - . [ ], p. printed by r.w. for francis tyton ..., london : . "to the reader" signed: henry parker. imperfect: print showthrough with loss of print. reproduction of original in the union theological seminary library, new york. eng kings and rulers -- succession. great britain -- kings and rulers. great britain -- politics and government. a r (wing p ). civilwar no the true portraiture of the kings of england; drawn from their titles, successions, raigns and ends. or, a short and exact historical descri parker, henry c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - john latta sampled and proofread - john latta text and markup reviewed and edited - pfs batch review (qc) and xml conversion the trve portraitvre of the kings of england ; drawn from their titles , successions , raigns and ends . or , a short and exact historical description of every king , with the right they have had to the crown , and the manner of their wearing of it ; especially from william the conqueror . wherein is demonstated , that there hath been no direct succession in the line to create an hereditary right , for six or seven hundred yeers ; faithfully collected out of our best histories , and humbly presented to the parliament of england . by an impartial friend to iustice and truth . psal. . . put not your trust in princes . psal. . . men of high degree are a lye ; to be laid in the ballance , they are altogether lighter then vanitie . nihil est imperium ut sapientes definiunt , nisi cura salutis alienae , ammianus lib. . london , printed by r. w. for francis tyton at the three daggers in fleet-street , neer the inner temple-gate , . to the reader . reader , in the study of politicks , the more confident we are , commonly the less proficient we are . for there is no other study wherein the passions of men do more impetuously contravene , and overturn right reason . men born in popular states , think themselves bound to abhor all kings , as being de genere bestiarum rapacium : so rome it self pronounced from the mouth of cato the censor . others on the contrary born under monarchs , speak as odiously of democracies , and make this reply to cato , that even rome her self , when she plundred a third part of the world , and graced her own captains , with the pompous titles of africanus , asiaticus , achaicus , &c. was as ravenous a beast as any other . see what strong byasses wisemen have , and obey . the question is not , whether this , or that form be free from oppression and injustice , or not ; we know well , all forms have their peculiar advantages , and disadvantages : and that at some times they all transgress their own rules and interests , as it were by accident , and not out of misconstitution : the question is , whether the one constitution or the other be more free , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , from oppression , and injustice ? now for solution of this , greater light shines , and breaks in upon us from demonstration , and sensual proof , then from syllogisms , and logical inductions . reading assures us , that rome was not so just to other nations , nor so constant to the interest of her own citizens , when she was under kings and emperors , as she was , when she chose her own consuls , and limited magistrates . t is as apparent also at this day , that the people of venice , the german hans-towns , switzerland , the united provinces , &c. do more flourish , and truly injoy the due benefits of liberty , there the french , turkish , or any royalists whatsoever . t is further as visible by the publike banks of treasure kept in democracies , and the strange splendor which traffick brings to them beyond monarchies , that faith is not kept so sacred and inviolable where one raigns , as where majesty and supream power remains vested in the people ; and most sure it is , the sanctity and untemerated chastity of publike faith is the best and firmest basis of all government . to dispute these things , is to undervalue the report of our own senses ; and to deny our own senses , is to deny our selves to be men . the enemies of our present government ubraide this our popular model , the rather , because it exasperates all our neighbours against us ; whereas this is a great argument for us , that our neighbours are troubled at the ejection of monarchy . for neighbours are more apt to envie then pitty : and the condition of him that is envied , is far better then his that is pitied . the main advantage that commends hereditary monarchy , is the unity of it , for that it is not so liable to civil broils and commotions , as other temperaments where the magistrate is elective : yet reader , if thou wilt strip thy self of thy passions and prejudices , and peruse this treatise , thou shalt see that even hereditary monarchy it self is far from being a soveraign , a remedy against civil breaches and divisions . the author of this book is unknown to me , and the book it self came casually to my hands , but i have been induced to publish it , because it invites thee not to precepts , but precedents , not to disputable but to visible politicks . i need say no more ; by the work rather then report judge of the author , and by experiment rather then logick judge of the work . henry parker . the true portraiture of the kings of england , drawn from their titles , successions , reigns , and ends , &c. to treat of the nature and difference of governments , the distinction and preheminence of monarchy , or aristocracie , with the other kinds , and forms , which have , according to the temper of the people , and the necessity of providence , had their course in the world , will be useless in this discourse , which is calculated only for this nation , and to describe not so much the government , as the persons who have ruled among us , and is onely suited to monarchy as it hath had the sway of the english throne ; a discourse not so pleasing as profitable ; we are loth to have our old soars launced , or to think of change , though it be of misery , the temper of this nation being apt to be pleased with any thing that is stately , and costly , though never so dangerous and miserable ; yet something must be said in generall , to prepare the way for the particulars of this treatise , which is not intended as controversall , or definitive of the nature of things , but meerly practical and demonstrative , fit for every eye that means not to shut himself up in blindness , and darkness . as the foundation and originall of government is confest to be of equall antiquity with the generation and multiplication of mankind : so doubless the just and methodicall use , and due management of it , is as necessary to the well-being of men , as the exact proportions , and orderly motions of the heavens are to the preservation of the globes ; and certainly without it the rationall world would be more miserable then the materiall without sun , moon and stars , with all coelestiall influences , which as they do beautifie and bespangle the world , so they do preserve it from returning to its first chaos , and rude mass of matter ; nothing being more contrary to that unity , and harmony , which the god of nature hath moulded , and disposed all things at first in , then disorder , and confusion , in which , as there is nothing of a deity to be discerned , so nothing of peace or happiness can possibly be found . and notwithstanding all this , the world hath scarce known what the natural sweetness and true benefits of government are , but only as comparative and rather as opposite to anarchy , then as advancing really and effectually the just liberties and freedoms of societies , or propagating the commonwealth of mankind ; for what through the ignorance and sloath of the people , and the pride and ambition of governors , the whole order and end of government hath been inverted , and subverted , upon all occasions ; and that which was made for the good of the whole , hath been so contracted , and circumscribed in one person , that the great and soveraign use , and end of it , by practise and custom , hath been rather to set up the pomp , and state of one man , and his family , then to promote or propagate the profit and happiness of the universe ; and whereas of right to its constitution , it should have a free election as its originall , and common good for its end , and just and equall laws for its rule ; it hath had usurpation for its principle , and tyranny , and bondage for its medium , and end . as to this day we may see in the greatest part of the world , where all the liberties of millions of men of all sorts of conditions , and ranks , are buryed in the glory and splendor of one family ; through which narrow channels , all honor and justice , all law and reason are to run up and down the world . and whereas the goodness , and beauty of government consists in the harmonious temperature of power , and obedience , of authority , and liberty , it hath been quite otherwise inverted by practise , and made apparent to lie in the majestie , and greatness of the monarch , and the absolute subjection , and servitude of the people ; and the excellency , and sweetness of it rather to be seen in the presence-chamber , and the magnificence , and grandeur of the court , then in the courts of justice , and the rich and flourishing estate of the kingdom , nothing being accounted more politicall , and glorious , then to have the prince high , and the subjects beggars ; and yet this ceremoniall way of government , hath took most place in the world , and got almost divine adoration , and hath thrust out all other forms of government , ( equally sacred with it self , and most proportionable to the nature and benefits of societies , and the fee-simple of all the liberties of the people ( which are as their bloud and spirits in their veins ) sold to maintain its state . besides many causes , and grounds of this degeneration ( whereby so much misery hath overflowed the nations of the world ) i find two , which at present are principally to be mentioned ; the first is the neglect of a right sence , and the often inculcating the originall , and end of government ; and the next a lineal succession , or continuation of government , by a natural and supposed heirship ; for want of the first , neither the people know their own rights , or how to maintain them ; or the governour his use and end , nor how to keep himself within the just bounds , and limits of his creation ; for what between the stupidity , and ignorance of the people in not knowing their primitive priviledges , that they are the originall , and end of vernment ; and the pride , and ambition of men , when once they have got power , forget both how they came by it , and to what end they are distinguished from other men , government comes both to be usurped , and tyrannicall . did the people but know that their choice and election is the foundation of just authority , & that none can rule over them but whom they appoint , they would not then be drawn into controversies and debates , whether it be treason in them to cast off a bad governour , who have the only power of choosing a good one ; and on the other side , if kings , and princes ( for to reduce all to them who have been most guilty of the abuse of government ) had but the continuall sence of the root from whence they sprung , and the duties annexed to their offices , they could not look on themselves as rulers , but tyrants when they acted for their own private prerogative ▪ in distinction from , and contrarie to the liberties and freedoms of the people ; but these considerations have been by time and prescription worn out of the mind and memories of both , partly through continual insinuations of court maxims , and the spirit of bondage in the people , and by force and usurpation in the magistrate , whereby it hath gone a long while for currant , that the people have no power , nor the prince no account to give but to god , from whom they challenge an immediate title , as if kings and princes , all their names , and successions were let down from heaven , in the same sheet that the beasts were in peters vision , and had not their root in the earth as all other magistrates besides . we have had much ado of late , but to beat off from these royal notions , both by pens and swords , and yet still they have too strong a hold in most mens hearts , though to their own undoing . whereas all men are equally born free , and naturaliz'd into all the priviledges of freedom and just liberty , no man can obtain a speciall power over any , but either ex pacto aut scelere , either by willing agreement , and consent , which is the right and just way of title , and most naturall , or by conquest , and usurpation , which is most exotick , and unjust ; for the original of kingly power , in the scripture , we all know it came in as an effect of the wantonness , and discontents of the israelites , against that speciall way of government god himself had set over them ; and view the character god gives to them of that government , and not a blessing he gives them with it ; for its rise among the heathens , and nations ( which knew not god ( among whom that government most prevail'd ; ) it was certainly first good , and grounded on the exorbitancies , and excess of other magistrates , and a high opinion of the justice , and vertue of some particluar persons , as cicero lib. offic. . excellently expresseth it ; mihi quidem non apud medos solum ( ut ait herodotus ) sed etiam apud majores nostros , servandae justiciae causa videntur olim bene morati reges constituti : nam cum premeretur initio multitudo ab iis qui majores opes habebant , ad unum aliquem confugiebant virtute praestantem . as if taking it for granted that among all nations that preservation , and execution of justice , with injoyning of vertue , was the first ground of the constitution of kings ; but they having got by their own goodness chief power and authority , use that favour they had gained from their own deserts , to advance their own family ; and having got in the affections of the people , through the sence of their own present worth , what by power and force , and what by policy and craft , got the same power entailed on their heirs , and so by custom have made succession the onely right , or at least the most just to crowns , and scepters . a principle which hath more hindred the advance of government , and run it on more hazards and mischiefs then any other , where by a fatall custom , people must be irreparably content with what they can finde , and reducing all to a blinde fate , & fortune , be he good , or prove bad , talis , qualis , give up both their own wills and liberties to such a succession , not only by a natural necessity , but a divine institution : how the world came to be so blinded , as thus to give away their rights and liberties , and morgage their understandings , and freedom , as bankrupts do their lands , is not to be determined , but by supposal of a judgement of god , and an over-reach of power and force , or by an ignis fatuus of policie and subtilty . for this naturall and hereditary succession ( which is now adored as the grand title ) if truly considered , is nothing else but a continuation of conquest , or a surprisall by the good nature of the people , when they have been either low , and in fear , and taking advantage of their high esteem of some eminent person , who hath been more then ordinary instrumentall to them , have got the people to convey the same honor to their posterity after them ; the peoples consent being thus ravished from them , it s made a law , both civil and divine to after generations ; but the world is now , or should be grown wise : let us consider the nature and use of this succession , both in general , and particular , especially as it hath been acted in england . among all the catalogue of vanities which solomon reckons up in his sacred retractations , there is none he puts such a character on , as for a man to spend his time and strength in getting of riches , and knows not who shall succeed him in the injoyment of the profit and good of his labour , or whether he may be a wise man or a fool ; but what a misery , and worse then vanity is this , that the supream power of government ( in the right execution of which all the concernments of millions of men are interested ) should be intailed on one man , ( though never so deserving in his own person , ) and the heirs of his body , be he good or bad , a wise man , or very nigh a fool , and so all their happiness depend on hap and hazard from generation to generation ? it cannot be rationally or spiritually supposed , that any man should be born a magistrate or governor , especially not successively , when the best men , and most choise spirits , who have had the highest eminencies of vertue , and best improvement of education , and natural genius , are hardly fit for so great a work . if kings have such a vis formativa in their loyns , as to beget kings in the likeness of their office , as children in the image of their natures , it must be necessarily supposed , that they must generate all these royall qualifications together with them , and by the same naturall necessity transfer all their princely endowments to them also . whereas i had almost affirmed it , ( and i hope no man can account it either heresie or treason ) that god himself cannot intail on any particular line of mankinde , the power and authority of government out of his wisdom , and love to their happiness ( without he meant to do it in judgement , and to plague the world ) and not give them sutable and successive qualifications also , fit for that emploiment ; it being gods use ( according to his wisdom , and righteousness ) neither ordinarily nor extraordinarily to call out persons to any place , but he anoints them with proportionable gifts to it . and yet the poor people ( whom god hath naturally made free , and to make use of their own understandings and affections for their own good ) are by this succession , bound up from the improvement either of soul or body , fain to be content with what they can get for present , and to shift it out from age to age ( with the loss of all opportunities of choice ) only with what corrupt nature brings them forth , which oftentimes travels sorely in pain with the curse of the fathers who begat these governors . hence also it comes to pass , that oftentimes children are made kings , and though they are uncapable at present for the actuall exercise of that office , yet are proclaimed , as having the right , and title , and all things acted in their name , and the whole commonwealth , it may be of many nations , must wait for his capacity with fear and hope , which capacity is also at best to be judged by his years , rather then fitness or qualification for so high a trust ; and in the mean while the kingdom must be governed by some favorites of the last king , or some next kinsman to this ; and while the king is thus in pupillage , we may well ask , who governs the kingdom ? and yet oftentimes it hath faln out , that their government hath been better ordered in their nonage by others , then in their own by themselves , as appears especially in the raign of henry the third , and henry the sixth , kings of england ; the first being but nine years old when his father died , the latter but nine moneths ; who while they were yong , and under the protection of certain wise and sober men , the laws were administred uprightly , and with much justice ; but when they themselves came to the years of kingship , and prerogative ▪ so royalled , that both laws & liberties were soon altered and abolished , as anon the reader shall have a more exact account ; and how sad is it , that when government may be advanced as well , if not better by others in their minority , without their presence or influence , the world must be at such vast charges for a title , and to maintain it ere they can use it , and which is worst , that when they come to exercise it themselves , should make their title the ground of their tyranny . but if it so happen ( for its a meer chance ) ▪ that the next heir prove somewhat more then ordinary capable , yet what the next may prove , who knows ? if he be an infant , ( as it many times falls out ) then there must be patient and hopefull waitings , to see what he will be when grown up ; untill that , there can be no further progress made in the alteration or reformation of affairs , though of never so great , and present concernment ; and when he comes to these years which custom pronounceth him capable , how unreasonable is it , that nothing can hinder , or exclude him from his authority , but that he is incapable of being beg'd for a fool ? it being enough , if he can koow his own name , and be able to write himself rex , though he knows little what belongs to the office , or relation of a king . if he be one of riper years , and stature , on which this su●●●ssion falls , then must all the observation of his nature , and the ominous , and more then astrological aspects of his constitution , and education be forgotten ; and although silenced in his pretended title , and a full complyance looked after , though opprest with never so many fears , and secret wishes of a more hopefull governour ; yea , and though he hath been never so active against the liberties of the people , when but a prince , and given demonstrations what a governor they may expect , yet his succession must be his qualification , and indemnity , and his title his vertue . on this ground also it comes to pass , that oftentimes women come to hold the rains of government ; and to steer at the helm , as wel as men ; for if there be any defect of the male line , the female succeeds ; and that feeble and weaker sex , whom god & nature have ordained to be onely particular helps , and good subjects , ( only to keep up the name of a family ) must be invested with the highest authority , over the choisest , and most select spirits of many nations , and all further thoughts of bettering the state of things utterly extinguish'd by a female pretence . and which is most desperate by this succession , ( and its plea of the only and absolute right ) the fundamental liberties of the people are not onely insensibly undermined , but absolutely rooted up , and that birth-right priviledge of the people , their election and choice , then which , they have nothing more naturall , and which is far more hereditary to them and theirs , then by all the laws of god ▪ nature , and reason , crowns can be to kings and their heirs , is quite extinguished ; for pass by the first king , ( who it may be as with us it hath been , came in by conquest ) you must go back in some kingdoms five hundred , in others a thousand years , ere you can but recover the clear notion of a free election ( wherin the peoples power and priveledge is alone and peculiarly seen ) and yet that so faintly and hardly extorted from them , as great loans of mony from a cruel miser , without use or advantage ; and though election must be acknowledged at last , the first just ground of government , yet custom in successions soon wears out its right , and transfers it on the next bloud ; and though in england it appears by the coronation oath , that there is even in succession a kind of election , yet it s so limited in the line , that it s as good as nothing , and so weak and implicitely manifested , that it s but a meer customary ceremony , which always is pursued by the natural title , and onely used to deceive the people , and as a step to the further confirmation of a more fundamentall , and sure right ; and its easie to demonstrate it ; for our kings soon forget it , ere they come from westminster to whitehall , or from the chair of inauguration to the presence chamber . in a word , what gives all this ground of such an inevitable and successively insensible incroachment on the laws and liberties of nations , but this lineall title , whereby the son without remedy goes on where the father left off , and by a divine pretence seiseth on what by nature is due to the meanest subject , as to himself ? and what makes the present kings so daring , and venturous to raise their own prerogative , but this , that that they know there can be no alienation of the crown from his heirs , and that they may make it better ( that is more tyrannicall ? ) but surer they cannot : and thus there is a constant hope , and possibility , by continuation and propagation of principles , and designs , backed with title , and authority , that what cannot be done in one kings reign , may be done in the next , and so on ; for the minds of princes are not usually contracted , or contented with present enjoyments ; especially if there be any restraint on their wills , or more of heighth , or advancement to be attained unto . yea , this is one of the main reasons ( that in our times can be rendred ) why we have had such uneven actings , and such strange alterations in several kings raigns ; the principles , and laws , the people have been always the same , who are capable of small or no variation or change , but as higher , and supream influences move them , of which none hath been so powerfull as princes , who as they are stars of the first magnitude , so of the strongest operations ; and though the people be compared to the sea , yet as the sea , they have no turbulent motion of their own , but what is occasioned by violent and uncertain winds ; but the great change hath been by the temper , and actings of princes , and commonly the next successor hath been the omen and fate of the times ; if any way good , then the nation smiled , and his raign began the spring ; if probable , there was hopes ; and yet both these at first promised , but at length frustrated ; and however the beginnings were , yet the succession of acts demonstrated how the title was created ; for untill they have made their succession sure , none have been more fair , and promising , but afterwards both laws and liberties , like favourites , have been advanced ad placitum ; and what they have got an interest in by nature , that by prerogative they have centred in their own proper persons , even the most fundamentall priviledges of the people , and have only granted leases unto the people of their own inheritances , and dated them not for life ( which would have been too great a mercy ) but as long as the royall pleasure lasts , which changes alwayes with advantages . yea , by this succession tyranny is so intailed , and all things so necessarily acted , as if the prince were not onely the civil , but natural parent of the people , and that kings had begot the people as so many bastards to obey , as they do beget one lawfully to raign over them . it s too well known , that good and wise men are the fewest of the sons of men , and are commonly pickt out here , and there , as rich pearls on the shoar of violent torrents ; but to expect in one line , and family , a succession of good , wise , and governing men , is almost as probable to christians , as to expect mahomets second coming among the turks , after so many hundred years delusion ; and although it must be acknowledged , that there have been some good kings , yet they have been so few , that as their names from the beginning of the world can hardly make up the dominical letters in the almanack , or possibly supply the holydayes in the year , so a little goodness hath gon far , and at the best we shall finde it but comparative ; good kings instead of better governors , as some of the roman cesars , chose those to succeed them who were worse then themselves , that they might commend , and set off their own raign , though tyrannicall enough in it self ; and we may without any passion demonstrate , that the design by succession hath been rather to keep up the governors , and palliate their vices , then ever to maintain or highthen the glory , and splendor , or carry on the benefit of the government it self in the execution of good and righteous laws . but to come nigher home , and leave generals ( granting succession in it self to be a good title ) let us view without partiality , the succession of the kings of england , whereby they plead their title to the crown , and we shall find in our histories , that nothing hath been more commonly interrupted , then a succession of the next heir ; and for this seaven or eight hundred years ( if not more ) we have not had succession continued in any even line or just right , and no title was ever more broken , and unjust , then of our kings , if they make a lineall , and hereditary succession the foundation of their right ; let us look but a little back to those which preceded the norman race , especially among the saxons and danes , the ancient competitors for the government of this nation , and it will appear , that the right heir hath been commonly past by ; and strangers or usurpers preferred ; to go no further back then to alfred king of the west saxons , and the twenty fourth monarch of the englishmen ; as soon as he died , athelstan his bastard was preferred before his legitimate son edmond , & after him got his own brother edmond to succeed him ; and though this edmond left two sons , edwin , and edgar , yet as he & his former brother had usurped the goverment , so edred his brother stept into the throne , and put them by until he had finished his raign , & then they took their turns ; edwin first , and edgar after him ; this edgar had two wives , ethelfled his first , and elfrida the second : by the first he had issue , edward , sirnamed the martyr , who succeeded his father in title ; but having hardly felt the crown warm , and fast on his head , was cruelly murthered , to make way for the second wives son ethelred who succeeded him , as daniel well expresseth it , whose entrance into his raign was blood , the middle misery , and the end confusion ; and though he left his son edmond , sirnamed ironside , to succeed him , yet canutus the dane by compact got half of the kingdom from him , and soon after the whole , setting up his danish title , and murthering the two sons edmund had left , with his brother edwin , that no further pretence might be made by them of their title ; and now come the danes to convey their title by ▪ canutus ; and yet harold his bastard gets the crown before hardicanute , who was his legitimate son ; and among these three kings ( for the government under the danes continued but twenty six years , and only under these three was aone usurper , & immediatly interrupted the right of succession . and the danes government being ended , which was but an intervall of conquest ) the saxons regain their title ; and edward , called the confessor , the seventh son of elthelred ( who came in with the murther of the right heir ) being kept as a reserve in normandy ) is elected king , and the saxons title now begins to revive , but soon it s extinguished , not onely by the norman pretence ▪ but by the next successor , harold the second , son to goodwin , earl of kent , who came in with the expulsion of edgar athlings the proper successor . and with harold ended the saxon race , which had lasted about five hundred years , after the coming in of hengist , and their plantation in this kingdom ; and yet you see what have been the titles successively of these former kings , wherein the line hath not onely been now and then through force and violence cut off and discontinued , but usurpation solemnized with as much ceremony as any natural pretence : but these instances are but as representations of objects afar off , which may seem otherwise then they are ; we will go on and review the title of our kings from william the norman , sirnamed the conqueror , and by whom , not onely the line , but all the whole fram of laws and liberties were not onely curtail'd but changed ; for though in the raigns of the former kings , every conqueror made his impression , and drew his picture in england , yet never was the whole scene of state changed untill now , and a new modell so peremptorily ( and without repeal ) introduced , as by him : the first jus , or right of his title ( the onely foundation of all the rest of our latter kings ( we all know was by meer conquest , which as it is a disseisin in law , so an unjust title in reason , and common to one as unto another : yet he though a bastard , ( and so had less title to his dukedom then to england which he won by the sword ) made himself the principal of that divine succession we now stand upon , and all our kings have no other pretence then by the succession of his sword ; and certainly , if the fountain , and head-spring be corrupt , the stream cannot be christall and pure ; and yet ( as baron thorpe declares in his charge given at the assizes holden at yorke the twentieth of march , . and now in print ) of all these twenty four kings , which have king'd it amongst us since that william , there are but seven of them that could pretend legalty to succeed their former predecessors , either by lineal , or collaterall title , ( and he might have contracted that number , and have been modest enough . ) but that the reader may not be prejudiced , or wrap up his understanding in any expression , let him but follow the discents of the kings of england in the line , ( and pardon the first strange and exotick way of right ) and he will discover , that as the first title was created by force , so the succession hath been continued by usurpation . speed ( too royall a writer ) gives us a hint to go on upon in the life of henry the fourth , page . ( asketh by way of interrogation ) what right had will , the conqueror , the father of all our glorious tyrants ? what right ( we speak , saith he , of a right of equity ) had his son william rufus , and henry the first , while their elder brother lived ? and so he goes on . but to give a more particular account to the reader , how ▪ every king came to his crown , let us begin with the first of the first . after that the first william , who laid the foundation of his right in the blood of the english , had left this world , as well as his kingdom , great strivings there were who should succeed ; and though he left three sons , robert , william , and henry , yet could leave but one heir , which was robert ; yet william surnamed rufus , gets the crown set on his head , notwithstanding the elder brothers title , and though robert fights for his right , yet being too weak in the field , is fore't to a composition , on these terms that he should injoy it after his decease , if he hapned to survive ; and yet notwithstanding , henry the youngest brother ( called henry the first ) steps in , and makes use of his brothers absence to set up himself in his place ; and robert yet surviving , he weares it in his stead , and however he strove to regain his right , he at last was fain to yield up , not only his title , but his person to henry , who not only unjustly excluded him from the succession to the kingdom , but cruelly put out his eyes that he might only feel his misery , and never see his remedy . the line male of the conqueror is now extinct , as well as it was irregularly diverted ; as william got his right by his sword , so all his successors maintained it in imitation of him , rather then by any legal pretence they could derive from him . but henry the first ( though ▪ he had come in over the back of his elder brother ) that he might make more sure work for a succession , wanting issue male living , pitcheth on maud his daughter , formerly married to the emperor henry the fourth , who left her a widow , and died without issue ; and having sworn all the nobility ( especially stephen ) to her , ordained her & her issue to be his successors in englands ▪ throne , and married her again to jeoffrey plantagenet , the son and heir apparent of fulk , then earl of anjou , by whom she had three sons , henry , jeffrey , and william ; to henry the crown belonged as next heir after his mother ( by the usurped title of his father , ) yet stephen , earl of mortain , and bulloign , son to adelincia the third daughter of william the conqueror , by maud his wife , ( notwithstanding his oath to the last king ) gets the crown set on his own head , and excludes her , and her issue for the present ; yet after he died , henry , called the second , sirnamed shortmantle , though his mother was alive , enjoys it . this henry had six sons , william , henry richard , jeoffrey , philip , john ; the two first dying , richard the third son , the first of that name , sirnamed ceur de lyon succeeded his father ; this richard dying without issue , his yongest brother john usurps the crown , notwithstanding jeoffrey his elder brother had left a young son , named arthur plantaganet king of brittain , who was heir apparant to the crown ; and after he dyed , henry his son the third of that name succeedes him , though arthurs sister was then alive , ( though in prison ) who was next to the title ( such as it was ) ; after him edward sirnamed longshankes , called edward the first , layes hold on the crown and wore it with much majesty , and after him edward the second his son goes on , but still on the old account , and on the ruine of the most proper heirs ; this edward was deposed by the parliament for his ill government as anon shall be more fully related ; and his son edward the third of that name set up in his room ; after him followed richard the second , son to the black prince , who was also deposed , after whose dethroning , henry called the fourth , son to john of gant duke of lancaster , and uncle to the former king , snatcheth up the crown , though of right it , was to discend to edmund mortimer , earle of march , the son and heir of lionel duke of clarence , the third son of edward the third , and an elder brother of john duke of lancaster ; and thus we have nothing hitherto , but interruption , and usurpation ; and those which in their own reigns can pretend a divine title by succession , which must not be altered , can for their advantage put by the succession of the issue of others . but to go on , here now began the bloody wars , and contests between the house of lancaster , and york which made the world to ring of the misery of the civill wars of england , and all about a title , and neither of them ( if seriously weighed ) had a right title by succession , if the first title of their ancestors were to be the originall ; but that custome might be the best right , he got in his son henry , who was the fifth of that name , to succeed ; and his son henry the sixt ( though an infant ) takes his place , untill edward duke of york overthrew his army in the battle at towton field , and got him deposed , and was proclaimed king by the name of edward the fourth , though the title had been carried on in the house of lancaster thorow three discents ; thus favor , and fortune , not lineall succession alwayes gave the best title ; this edward left two sons behind him , ( to maintain the succession of the house of york ) edward and richard duke of york and five daughters . his eldest son edward who was the fifth of that name , succeeded him in claim , & title , but rather lived then raigned ( being an infant ) had never any actuall exercise of his government ; for ric. duke of glocester , and uncle to this infant , and made his protector , that he might set up himself , causeth both the young titular king , & his brother , ( these two royall infants ) to be barbarously murthered in their beds , and so wears the crown himself , by the name of richard the third , untill henry earl of richmond ( a twigg of a bastard of john of gaunt ) by his valour at bosworth field , having overthrown his army , slew the tyrant himself , and created by his sword ( for other he had none ) a new title to himself , and was crowned king , by the name of henry the seventh , who , what by his power and by a marriage of the lady eliz. the eldest daughter of ed. the fourth , confirmed his succession , & from him do all our later princes derive their title , as henry the eighth , edward the sixth , queen mary , queen elizabeth , king james , and our last tyrant charls . this henry , the foundation of our great ones , was himself but a private man , who as speed says , had scarce any thing of a just title , or of a warrantable intention , but to remove an usurper ; besides there were many naturall heirs of the house of york which were children of edward the fourth , and george duke of clarence , richards elder brother , who had better right : but when once a title is made , it must be maintained , and if it can but get thorow two or three successors , it s presently proclaimed to be jure divino , and pleaded as the onely just title and right . thus you have a faithfull , and true account of the succession of our norman monarchs ; we can onely say we have had so many persons raigning , and as kings of england ; but for a title by lineal succession , there is none , but what every man may make aswell as any man , and what is as proper to a stranger , as to an heir ; power , and favour , murther and deceit being the most common principles of the right of most of our kings to their government over us . if it be asked , as speed doth , what right had william the conqueror ? then it must follow , what right had all the rest ? but supposing his right , what right had these , who so many times cut off the line , and made themselves the stock of future succession ? and what misery is it that this broken and usurped title must still be forced on us , even by an ecclesiasticall , and divine institution , who have now a way of redeeming our liberties , and bettering our conditions , and following the direct line of just and true titles , the election and choice of the people ? is not five or six hundred year enough for england to be under the succession of a norman bastard ( pardon the expression , its true though plain ) and to be sold with all its liberties , from usurpation to usurpation , as well as from generation to generation ? i need not be very zealous in application , the history is enough to make all wise men consider , by whom we have all this while been governed , and upon what terms ; how tyranny and usurpation comes to be adored , if it have but a royall name added to it . shall the parliament of england be now blamed for cutting off that race of usurpers and tyrants , and reducing affairs to their first naturall and right principle ; or will the people of england after all their experiences , centre their liberties and freedoms in a customary usurpation of succession , and lose their common-wealth for the personall glory of a young pretender ? especially , when they have fought against the father , and cut him off as a tyrant , endeavour to set up the son to follow on both the first cause , and revenge , meerly because he was supposed to be proceeded of his polluted loyns : this blindness will be our misery , and endear us to a more perfect and more tyrannicall slavery then ever yet england felt . but to go on , the reader hath seen what a line we have had in england , and how pure a title our kings have had to their crowns ; le ts now but have patience to view their actings successively , and yet shortly , and we shall better guess of their right by their raigns ; for though one would think that they should endeavour to make good a bad title by a good raign , yet it hath been far otherwise ; every man having made his right by force , maintained it by tyranny ; and when they have gotten power , never remembered how , or to what end they attained it ; if we look back again , and make a new and strict survey of their severall actings in their government , and go over every kings head since willam the conqueror , we shall not much mistake if we pass by turkie , russia , the moors , and yet call englands kings tyrants , and their subjects slaves ; and however in the theory , and system it have been limited , and bounded by good and distinguishing laws , yet in the exercise and practique part almost of every kings raign , we shall find it deserve as bad a name as others who are called most absolute ; for the laws and priviledges which this poor nation hath enjoyed , as they have been but complementally granted for the most part , and with much design , so they have ever ( upon any occasion ) proved but weak and low hedges against the spring-tides , and land floods of the prerogative of the prince , which hath always gained more on the priviledges of the people , then ever the sea by all its washing and beatings of its boysterous and unmerciful waves hath gained on the land ; for if at any time the poor commons ( through much strugling , and a good and present necessitous mood of the prince ) have got off any present oppressions , and forced out the promise for enacting of any good and seasonable laws : yet either the next advantage , or at least the next successor , hath been sure , either to silence , or diannul it , and incroached upon it ; and never was priviledge or good law enacted , or gained to the people , but by hard pressure of the subject , and with a predominant ingredient of the kings advantage , and still rather out of courtesie then right . we shall finde also that england for three or four hundred years together ( some lucida intervalla excepted ) hath been a stage of blood , and the astonishment of all nations in civil wars , and that meerly , either for the clearing of the title to the crown ( which yet at last was onely made lawfull by the prevailing power , and as soon made illegall when another side got the better ) or else by the subject and barons , taking up arms to defend themselves , and make rampiers ( if possible ) against the inundation of prerogative , and rather preserving , then obtaining any additions of liberties , and yet they were commonly defeated at last ; for if for the present by some eminent advantage , they got a little ground , they soon lost it again by royal stratagems , and were either forced , or complemented ▪ into their old miseries , with a worse remembrance of former actings . but to enter into the particulars of this sad story : all men know ( or may ) the tyrannical domination of that first william , who behaved himself as a conqueror indeed , and a most perfect tyrant ( since whom we have never had an english man , but one , who hath been naturalized by the succession of his conquest as king of england ) he presently changed most of our laws , especially those wherein the english liberties were most transparent , and preserved , and made new laws , and those which he left , writ them all in french ; disweaponed all the natives , sent the children of the best , and most faithful of the nobility into normandy as hostages , and the most gallant of the english were transported by him into france to serve his wars , that he might extinguish their families ; he advanced his normans into all places of the nation , and kept them as a guard over the english ; brought in the cruel forrest laws , and dispeopled for thirty miles together in hampshire , pulling down many towns , and villages , with churches , chappels , and gentlemens houses , making it a forrest for wilde beasts , ( which is ever since named the new forrest , but was the old ensign of our misery and slavery ) he laid on innumerable taxes , and made laws royal , very severe , and in an unknown language , that the english offending might forfeit their states and lands to him , which they often did , through ignorance : but alas , what need i mention these ? who ever reads but our histories , ( and the most favorable ▪ and fawning royalist ) will see more then now can be expressed ; and yet here is the first fruits of our kings and of their righteous title , whose succession hath been as much in tyranny after him , as in title : and yet we must , by a sacred obligation be bound to maintain with our blood , and lives , the branches of this rotten root , notwithstanding all the providential , and divine opportunities of casting off that miserable yoak which our forefathers , so sadly groaned under , and would have triumphed in the pouring out their blood ( which they shed freely , but to little purpose ) but to have foreseen their childrens children might have but the hopes of attaining to . but although william the first made sure his conquest to his own person , yet by his tyranny he gave ground of designs , and hopes of recovery after his death , & therefore the people who but murmured and mourned in secret formerly , consider now their condition , and that robert the right heir was wanting , and his second son endeavored to be set up , begin to capitulate , and repeat their former grievances , and to stand upon their terms , with the next successors ; but william rufus who longed for the crown , and saw what advantage he had by his brothers absence , through the mediation of lanke-frank the arch-bishop of canterbury ( a man for his vertue and learning in great esteem with the people ) got himself to be accepted , and crowned king ( with exclusion of his elder brother ) by fair promises , and engagements to repeal his fathers laws , and of promoting the liberties of the english ( any probability being then taking to the poor people . ) but no sooner had he got the crown fastned on his head , ( and defeated his brother in battle ) but he forgat all his own promises , follows directly his fathers steps , grows excessive covetous , lays on intolerable taxes , and merciless exactions , returns their longings , and hopes after their just libertie into a sad bondage and slavery . the poor people having thus smarted for their credulity , & renewing their sense of their misery , under the two former tyrants , take heart once again , and refuse to admit any after his death , until ( as judge thorpe well expresseth it in that forementioned discourse ) they were cheated into a second election of hen. the first , his youngest brother ; for the people standing for their liberties ( and yet , alas , but negatively , rather to be freed from excess of oppression , then knowing what true freedom was ) having felt the misery of their loss in the two former persons ( shall i call them kings ? ) raign ; denied any consent to another person of that stock without solemn capitulations , and covenants to settle just laws , and to ingage for the execution of them , with abrogation of all former mischievous and inconvenient ones , ( which matthew paris calls unworthily , a politique , but trayterous way of capitulating . ) whereupon henry , who had nothing of title , made friends by his engagements , and roberts absence in the holy-land , and doth absolutely promise to begin all anew , constitute just laws , reform his fathers , and brothers exorbitancies , and to be as a nursing father both to church and state ; these fair insinuations got him the crown , though robert was to have it first by his own right , and next by his brothers covenant and will . and that he might not seem altogether disproportionable to his engagement , the first action of his government was to bait the people , and sugar their subjection , as his predecessor in the like interposition had done , but with more moderation and advisedness ; but having once secured his title from his brothers jus , and setled some affairs abroad , began much after the old strain , ( yet not altogether so violent ) yet these cruel and savage laws of the forrest he revived , and put in execution , yea , urged as the most fundamentall law of the realm , and many sore in positions he levied ( which the people were not able to bear ; ) that these two sons , though they ended the direct line , yet they propagated their fathers tyranny ; onely he got the throne by force ; they by subtilty , and delusive engagements ; and now the poor people , who had still been cozened , and are commonly passive , begin in the next kings reign , ( viz. of stephen , another usurper ) to be active , and to struggle for their liberties more seriously and thorowly , and not contented with promises of abating former pressures , drew up the summ of their desires in a more exact method , and demand publikely the restoring and re-establishing of st. edwards laws ( for such a rarity was that former prince , as they canonized him a saint ) which were many years before granted ▪ but by new and strange successions buried ; and stephen , who came in odly to the crown , and was continually in various motions to maintain it , confirmed all these laws , and to gain the people , ratified them by parliament , the best security in these cases ; but soon after prerogative ( like a lion in chains ) breaks forth again with fuller rage , and devours all these grants , with the hopes , and expectations of the people ; for though in the two next kings raigns these grants were not actually repeled , yet were laid by , and only wrapt up in parchments , and husht by the noise of drums , and trumpets . for henry the second , the next king , spent most of his time in cleering the controversie ▪ between regnum & sacerdotium , the crown and the mitre , as in setling his own title both here , and in normandy ▪ and ireland ; a while he and thomas becket were standing in the special rights , and priviledges of the church , and state , the liberties of the people were laid asleep , and certainly he hated the former grants , because made by stephen , who had stoln the crown both from his mother , and himself ; the notablest story in this kings reign ( setting by his warlike atchievements ) is , that after becket had often foiled him in his authority , he was handsomly whipt by the monks , in going to visit beckets shrine , which was part of his pennance , for giving secret order to assasinats to make him away ; and that he kept rosamond as his concubine , to the vexation of elenor his wife , who at last vented her revenge on her , having found her out in that intricate labyrinth made on purpose for her at woodstock , by the clew which rosamond had carelesly untwisted . the next that laid claim to this crown , was his son richard the first , surnamed ceur de lion ( as before ) who was to be commended rather for his personal valour , in other nations , then for any good done to this ; he began well in enlarging his mother elenor , whom his father had imprisoned , because she could not abide his lascivious living with his wanton paragon rosamond , and advanced many persons by speciall favours ; yet these respects were more particular , then of any publike advantage to the state ; for out of a blind zeal in those times , after he had been in england but four months after his coronation , he went into the holy-land , against the turks , leaving the regency of the kingdom to an ecclesiasticall person , william longchampe , bishop of ely , who to please the king , and by speciall command , undid the people , and committed great exactions , and as hoveden says , clerum & populum opprimebat , confundens fasque nefasque did all as he listed , and little cared by what means he filled the kings coffers , and his own ; ( acting but by proxie and in imitation of what his master would have done , if at home ▪ & by many a private command ) as it afterwards proved ; for when richard undertook this voyage , that he might not seem at first burthensom to the people when he left them , and to maintain both his design , and absence on their purses ( and so alienate their affections from him when at so great a distance , and give grounds to his brother john to try an experiment for the title ) wifely sold much of his own estate to raise him monies , as the castles of berwick ▪ and roxborough , to the king of scots for ten thousand pounds , and the lordship , and earldom of durham , to hugh then bishop of that see , for much mony , as also many honors , lordships , mannors , offices , priviledges , royalties , to many of the nobles , and rich commoners , whereby he furnished himself with a vast treasurie of mony for that service ; and that you may see what interest he and his companions think they have in his peoples goods ( however they dissemble it ) he often protested that he would sell his city of london ( as my author saith ) to any that would by it , rather then be chargeable unto others ; but notwithstanding all this , as the people were sadly opprest in his absence by his viceroy , so much more when he returned by himself ; for he then began to redeem his time , and to play rex with a witness ; he fell presently to plunder all religious houses , laid on new and unheard of taxes on the people , and resumed into his hands again all the lordships , mannors , castles , &c. which he had sold to his subjects , and confirmed it by all the security they could have from man ; this is the misery of depending on royal promises , and engagements , which are usually nothing else but complementall engins to move up the peoples affections , while they more easily , and insensibly drain out their blood , and purses , this was the end of this rough , and lionlike king , who reigned nine years , and nine months , wherein he exacted and consumed more of this kingdom then all his predecessors from the norman had done before him , and yet less deserved it then any , having neither lived here , nor left behind him monument of piety , or any publike work , or ever shewed love or care to this common-wealth , but onely to get what he could from it ; we see hitherto what a race of kings we have had , and what cause we have to glory in any thing but their tombs ; and yet if we expect better afterwards , we shall be as much mistaken of their actings as they were of their right . the next that raigned ( though without any hereditary title ) was king john , stephens brother ; whose government was as unjust as his title , for he ( having by election , out of fear and policy of state , got the crown , with expulsion of arthur the right heir ut supra ) embarked the state , and himself in these miserable incumberances , through his violence and oppression , as produced desperate effects , and made way to those great alterations in the government which followed ; the whole reign of this king was a perfect tyranny ; there is in history hardly one good word given him ; the barons and clergy continually opposed him , strugling for a confirmation of their long desired liberties , but were most commonly either cluded , or defeated by promises which were never intended to be performed , until at last being more entirely united with the commons , and stoutly resolved and confirmed by an oath , taken at st. edmunds-burie in a general assembly , they then swore on the high altar , never to lay down arms , if king john refused to confirm and restore unto them these liberties ( the rights which this kingdom was formerly blest with , and which all the late kings had cheated them of ) the king knowing their power , and considering their engagements , makes use of policy , and desired time to answer them , entertaining them with smooth and gentle language , and courtesie , untill he had got strength , and then he began anew to try experiments of securing himself , and frustrating their desires : but the lords continuing their resolution , and knowing nothing was to be obtained but by strong hand , assemble themselves with a great army at stamford , from whence they marched towards the king , who was then at oxford ; sent him a schedule of their claimed liberties , with an appendix of their absolute resolutions , in case of his denyal ; this tyrant having heard them read , with much passion replies : why do they not demand the kingdom as wel ? and swore he would never grant these liberties , whereby himself should be made a servant ▪ the barons upon his answer being ( as daniel saith ) as hasty as he was averse , resolve to seaze on his castles , and possessions ; and repairing to london , being welcomed by the citizens , who had too long groaned under the same tyranny , they get a great access of strength by new confederates , and renew their spirits & oaths for the thorow prosecution of the war ; the king seeing himself in a strait , which by no ordinary strength he could evade , by gentle and teeming messages sent to the barons , he obtained a conference in a medow called running-mead , between windsor and sta●es , where armed multitudes came from all places , crying nothing but liberty , liberty , so sweet was that tone to them then : after many hard conferences , the king seeing it no time to dally , & that they would not trust him with any complemental expressions , whom they looked on as formerly perjured , grants their desires ; not only , saith speed , for liberties specified in magna charta & charta forrestae , but also for a kind of sway in the government , by five and twenty selected peers , who were to be as a check over the king , and his chief justiciar , and all his officers to whom any appeal might be made in case of breach of any article or priviledge confirmed by that charter ; and now one would think the people were secure enough ; but though they seem now to have the livery , yet they had not the seisin ; for presently the king having got now credit by the largeness of his grants , gets liberty with less suspicion to undo all ; and in a short time ( pretending these grants to be acts of force ) having got power , renounceth his engagement by them , and afterwards repeals them , and dispoiled all these of their lands and possessions , who had any hand , or heart in procuring the former grants ; and by new , and additionall laws made them more perfect slaves then ever they were before , untill at last he was poysoned by a monk , instead of being deposed . but though he be dead , yet the miseries of this nation ended not with him ; for his son henry the third ; who succeeded him , though he could not at first follow on his fathers designs , being an infant , yet at last did not onely imitate , but outstrip him , yet the english nation , ( who are much given to credulity , and apt to be won by fair and plausible promises , ) notwithstanding all the fathers iniquity , imbrace the son , having taken an oath of him to restore , and confirm the liberties they propounded to his father , which he had often granted , and as often broken ; but for all his first oath , they were fain , not onely to remember him of it , by petitions , but oftentimes by arms and strength . and though there was in this kings raign twenty one parliaments called , and many great subsidies granted , in confirmation of their liberties , yet every parliament was no sooner dissolved , but the ingagement ceased ; a hint of two or three special parliaments , and their success will not be amiss to be set down in this place . this king not being able to suppress the barons and people by his own strength , ( they having gotten not onely heart , but power ) sends to forraign nations for aid , and entertains poictovines , italians , almains , provincioes to subdue his own people , and set them in great places ; which dangerous and desperate design the barons much resenting , raised their spirits , and ingaged them in opposition to his government , and set them on with more courage to look after their liberties ; therefore they several times stand up against the violence of prerogative ; but what through want of strength or caution they were commonly disappointed ; yet rather ( if we may speak truly ) from the unfaithfulness of the king then any other defect , except it were their easiness to believe kings , when their prerogative , and the peoples liberties came in competition ; for after they had many times got , or rather extorted many promises , and confirmed them by oaths , ( the best humane security ) they were put to new designs , through either the suspention , or breach of them , witness these instances ; after many foiles ▪ and tedious and various delusions by this king ( whose beams attracted most , dazled others ) the barons , and people ( who were then unanimous through mutual oppressions ) fall more close , and severe on their principles , and wil not endure either delays , or delusions , and therefore effectually to redress their grievances , came very well armed to a parliament then holden at oxford ( intended rather for getting subsidies , then removing oppressions ) in which assembly they put the king to it , urge their former complaints with more zeal and reason , and with an addition of a mighty spirit , demand the absolute confirmation of magna charta , and in a larger edition ( wherein are comprised those gallant priviledges of the commons of england , which have yet been but kept by ink , and parchment ) and not trusting the king , got his son , prince edward , to seal it , with an addition of twenty four ( some write twelve ) peers which fabian stiles the douze peeres , not only to see these priviledges truly observed , but to be as joynt regents with the king ; and all the lords , and bishops in parliament took a like oath , to maintain these articles inviolable ; yea , and all that would have any benefit of residence in the kingdom , were enjoyned to take the same ; but these were too strict bonds for such a princes wil , he soon finding advantages ( as he sought them ) recals all , gets a dispensation from the pope for his forced oath and to countenance his perjurie ▪ and acts in the old account ; the barons again stand up with the people stoutly for the performance of the articles of oxford ; and sometimes brought him into straits ; yea , fully ▪ defeated him in many bloody battles , and regained the confirmation of the same laws , with security ; that all the castles throughout england should be delivered to the keeping of the barons , that the provisions of oxford be inviolably preserved , that all strangers should be dismist the kingdom , but those which by generall consent should be thought fit to remain ; this necessitous act though as it gave the people some peace and hopes , so it gave the king time to consider of new mediums , and therefore still to delay , and blind , he assembles a new parliament at london , where having ( by the sprinkling of court water ) won many lords to take his part , begins to surprise as many of the barons as he could get , and spoiled their castles and houses , that success and authority grows strong on his side , and the barons with some calme provisoes mediate a peace , insisting onely in generall that the articles of oxford might be observed ; but the king relying on his strength , defies them as traitors ; which done , the peoples two generals , the earls of leicester and glocester , seeing no other means but to put it to a day , supply their want of strength by their wit and diligence , and carefully and artificially placing their battel ( which was fought at the town of lewis in sussex ) overthrew the kings army , took the king , the prince , the earl of cornwal , and his son henry , the earls of arundel , hereford , with many other lords , and gentlemen , both english and scottish . and now having the king , and prince , and most of the nobles , and a new confirmation of all , one would think the great charter was out of danger , either of blotting or razing ; especially if we consider the solemnities formerly used in the ratification of it , ( as daniel excellently relates it in his history , p. . ) the people knowing that no civil promises , or verbal professions would hold in kings raptured by prerogative ▪ & devoted to perjury to maintain their tyranny , take a more ecclesiasticall and divine way of obligation , swearing to excommunicate all that should be found infringers of that charter ; when the people with the king , and all the great nobility were assembled with all the prelates , and the chief bishops in their reverent ornaments ( with burning candles in their hands ) to receive that dreadfull sentence ; the king having one great candle in his hand , gives it to a prelate that stood by , saying , it becomes not me being no priest to hold this candle , my heart shall be a greater testimony ; and withall laid his hand spred on his breast all the while the sentence was pronouncing , which was authoritato omnipotentis dei , &c. which done , he caused the charter of king john his father to be read , and in the end having thrown away their candles ( which lay smoaking on the ground ) they cryed out , so let them that incurre this sentence be extinct and stinck in hell ; and the king with a loud voice said , as god help , i will , as i am a man , a christian , a knight , a king crowned and annointed , inviolably observe these things . never were laws saith he ( whose words express the thing most emphatically ) amongst men ( except those holy commandments from the mount ) established with more majestie of ceremony , to make them reverenced , and respected , then these were ; they wanted but thunder , and lightning from heaven , ( which likewise if prayers could have effected they would have had it ) to make the sentence ghastly , and hideous to the breakers of it ; the greatest security that could be given was an oath ( the onely chain on earth besides love , to tye the conscience of a man , and humane societie together ) which should it not hold us , all the frame of government must needs fall quite asunder ; yet so ( almost a miracle ( though over common among our kings , saith master prin out of mat. paris ) the parliament being thus dissolved ( by a sacred and most solemn conclusion ) the king presently studies how to infringe all the premises , his parasites telling him the pope could soon absolve him for a summ of mony , which afterwards the pope did , and the king returned to his former oppressive courses with more violence , and hardness ; and taking advantage by the division of the barons , two generals , the earls of leicester and glocester , the latter of which joyned with the young prince edward , and sir roger mortimer the kings wicked counsellor , a new and potent army is raised by them , against the earl of leicester ( who had the king prisoner ) and those which kept constant with him for the peoples liberties ; and he with the rest of the barons , are overthrown ; and immediately after a parliament is called , and all these laws and decrees made voyd ; and that parliament held at oxford , wherein all these laws were first confirmed by him , called insanum parliamentum , the mad parliament ; and all these patents , commissions or instruments made to ratifie these articles , were brought forth , and solemnly damned ; and so bright and resplendent did prerogative break forth , that it was proclaimed treason in any but to speak or mention any of these grants with the least approbation ; and because the city of london had engaged with the barons and people as a principal part of the whole , he would needs have burnt the city , had not some wise and potent favorites interposed , and yet they could hardly disswade him from that barbarous and impolitick wickednesse ; but what he spared in their houses , that he gott out of their purses , and made up all his losses with a thorough subjection of their persons , and suppression of their liberties . i need relate no more of this king , nor make observations , the reader will be amazed at the repetition ; he at least times gave his promise for the confirmation , & execution of these just decrees ( contained in magna charta ) and as many times was perjured , notwithstanding all the solemnities , both civil , moral , and ecclesiastical , used in the acts of ratification ; this may learn us how to trust the most positive engagements of princes , which cross their own interest , and what to think of that word and promise they call royall ; this king reigned fifty six years , the longest of any king of england : but we have had too much of the story of him , as he had too long a time to rule , considering his temper , and design . it s well if we can be wary for the future , and be more cautious then to trust the most promising and insinuating princes with our liberties , and priviledges , which can be no longer expected to be preserved by them , then they may serve as footstools to advance them in the throne of absolute majesty , but no more of this king ; never were there more hard strivings and wrestlings between tyranny and liberty , with such bad success to the people ; i onely conclude his raign with the exhortation of the psalmist , psal. . . o put not your confidence in princes , surely men of high degree are a lye . king henry is by this time layd in his grave , and one would think magna charta buried with him ; his son edward , who was his right-hand in his wars against the barons , and the principal agent in their ruine , succeeds him in the throne ; and instead of lessening goes on and makes an higher improvement of that royalty which his father left him ; having in his own person got the victory over the peoples libertyes in his fathers time , and having wonne or worne out the greatest of those which opposed , and being long experienced in the world , so secured and advanced the prerogative , that as one sayth , he seemed to be the first conqueror after the conqueror that got the domination of this state in so absolute and eminent a manner , as by his government appears ; he layd unsupportable taxes both on the clergy and laity , even unto fiveteens and halfs of their estates ▪ as for tenths , that was comparatively accounted easy ; the barons and people for a long time durst not move for removal of greivances , untill that the king ( being always in wars in france , flanders , wales and scotland , and so needed continually vast sums of mony ) called a parliament wherein he demanded a great treasure of mony from the people , that he might give them somewhat in lieu of their expences , confirmed the two great charters on the petition of the barons and people , ( and so stopped their mouths ) and this he did as often as he had extraordinary occasions for mony ; but ( like all other royall promises ) they were performed by leasure . never was royalty more majestick and glorious then in this kings raign , and the people less able to oppose ; he was always so watchful and eager to enlarge his own power ; i shall end his raign also with what daniel that impartiall and witty historian saith of him , he was more for the greatness of the kingdom then the quiet of it ; and never king before or since ( except our last charls ) shed so much christian bloud within this isle of britain , and was the cause of more in that following , and not one grain of benefit procured unto the people by all their expences on him , which was but to make themselves more perfect slayes . the next king was edward the second his son , who though more vicious then the father , yet not more tyrannicall ; he gave more advantage to the people thorough his lewd life and unmartiall nature , to seek the confirmation and establishment of magna charta , and other good laws which were utterly supprest , and darkened in his fathers reign . this prince gave himself over to all wicked courses , and surrendred his judgement , and the management of all affairs of state unto evill and corrupt counsellors ; especially to one peirce gaveston , who had both his ear and heart , unto whom he was so much endeared , that he ventured the loss of kingdom , and all the hearts of his subjects for his company , and preservation ; and though the barons had by often petitions , and earnest sollicitations prevailed with the king to banish him , yet he soon after sent for him home , and laid him more nigh his bosom then before ; on this the barons raise an army against the king ; and send him word , that unless he would observe the late articles ( which they had formerly by much ▪ ado got him to sign in parliament ) and put from him pierce gaveston , they would rise in arms against him as a perjured prince ; the king ( whom they found , was apt to be terrified ) yeilds again to his banishment , with this clause , that if he were found again within the kingdom he should be condemned to death as an enemy of the state : all places were now dangerous to gaveston ; both ireland ( where he formerly was protected ) & france also too hot for him ; in this extremity , finding no security anywhere else , he again adventures on england , and puts himself once again into the kings bosom ( a sanctuary which he thought would not be polluted with blood ) and there he is received with as great joy as ever man could be ; the lords with more violence prosecute their suite to the king for delivering up ▪ or removing him once more ; but to no purpose ; they therefore set forwards with an army , say siege to the castle wherein gaveston was , took him , and notwithstanding the kings earnest sollicitation for his life , they condemned him to the block , and took off his head ; this obstacle being removed out of the way , the lords having now the better end of the staff make advantages of it for demanding the confirmation , and execution of all those articles formerly granted , threatning the king , that if he would not consent to it , they would force him by a strong hand ; with this message they had their swords also drawn , and march towards london : a parliament is called , where the king , after a submission by the lords to him , for that act done against gaveston , contrary to his consent , and will , grants the articles and pardon to them . but the king goes on his old way , adheres to wicked counsel ( waving the grave advice of his parliament ) and is ruled by the two spencers , who acted with mighty strain of injustice , which caused the lords again to take up arms , and stand for their liberties , but are , through the revolt of some , and the treachery of others overthrown at burton upon trent , and two and twenty noblemen , the greatest peers in the realm executed in several places for nothing but opposing his evil counsellors ▪ this was the first blood of nobility that ever was shed in this manner in england since william the first , which being so much , opened veines for more to follow ; and now the beam of power being turned , regality weighs down all . but by degrees , through the continuation of his ill government , whereby he daily lost the peoples hearts , the lords get an army , and take the king prisoner , and by generall consent in parliament deposed him as a tyrant , and elected his son edward the third to succeed , and his son was crowned before his eyes . thus ended his raign , but not his life . poor england which had laboured so long and successively under so many tyrants , and had contested so long with royalty for their dearly purchased liberties , might now hopefully expect at least a dawning of reformation , especially when they had got so much power as to depose authority ; and began , as it were , on a new account ; and the truth is , affairs were now promising , and distempers seemed to wear away with the former governor ; yet the condition of the kingdom , had but a new face on it , and grievances were rather not aggravated or multiplied then any whit removed , and oppressions may be rather said to be changed from one shoulder to another then abolished . prince edward who succeeded , who was crowned in his fathers life , had observance enough to remember his fate , and was much warned by it , both to prevent and suppress insurrections , knowing by experience the full state of the controversie , and therefore began his government very fairely , and with much applause ; onely to prevent factions , and sidings , he privately caused his father , the deposed king to be cruelly murdered , and so sate more securely , though with more guilt upon the throne ; his raign was fifty years , & odd months , the longest next hen. the third ; he spent most of his time in the wars of france to regain his titile to that crown , which the poor subject felt in their estate and families , and it was a happiness ( say some ) that he was so much abroad ; for when ever he came home , as he wanted money to supply his expences , so the people got ground to urge their priviledges , & magna charta was at least twelve times ratified in this kings raign , and so often broken ; yet because he goes under the name of the best prince that raigned so long , and so well , let the reader take but an instance or two concerning his engagements to perform the grand charter . this king in the first parliament made the fifteenth year of his raign , had granted the enacting of divers wholsom and seasonable laws , which he willed and ingaged unto for him and his heirs , that they should be firmly kept , and remain inviolable for ever , for the ratification of magna charta , and other good laws formerly enacted ; and that all the officers of state , as chancellor , treasurer , barons of the exchequer , judges , &c. should at that present in parliament , and for ever after , take a solemn oath before their admission to their offices , to keep and maintain the point of the great charter , and the charter of the forrest , &c. but no sooner was the parliament dissolved , but the very same year he publikely revoked these statutes , pretending that they were contrary to the laws and customs of the realm , and to his prerogative and rights royal , &c. wherefore we are willing ( saith he ) providently to revoke these things we have so improvidently done ; because ( saith he ) marke the dissimulation of princes even in parliaments ) we never really consented to the making of such statutes , but as then it behoved vs , we dissembled in the premises , by protestations of revocation , if indeed they should proceed to secure the dangers , which by denying the same we feared to come , with many more such passages ; and yet this king is the phoenix of our more antient monarchs ; but the reader may still learn what the best of our princes have been , and what weak assurances any ingagements from them are where power is wanting from them , and advantages present to them . another instance of his actings we may take up from the successe of his first siege of tourney in france ; having laid on heavy and excessive taxes to maintain that war , and the people seeing no fruits of all promises for executing the articles of magna charta , they refuse to pay any more , without more faithfull performance of his vows , and solemn engagements to them , whereby he wanting mony was fain to quit the place , and return for england , full of revengefull thoughts , and in much fury breaths out destruction to all the refusers ; but the arch-bishop of canterbury told him publikely , but plainly , that he had oftentimes as well as his father offered manifest violences to the liberties of the english nation , comprehended in that grand charter , and if he expected subsidies , from the people , he must more carefully maintain their priviledges so justly due . but the king vexed with such language , both storms against the arch-bishop , and as much as possibly he then could , sought the ruine of all that had made any refusall of payment of these taxes , although he had not in any manner performed his own promises . yet i will end his raign , because he hath a name of a good king . ( though as speed saith , by the generall vote of historians , he committed many foul errors in his government ) with a good act he did at the fiftieth yeer of his age ( which he kept as his jubilee ) he called a parliament , and there freely heard the grievances of the people , and redressed many , especially a petition of the commons against the doublings of lawyers ; he caused the pleas which were before in french to be made in english ; a necessary law ( saith speed ) if it had been as carefully observed ; especially if he had ordered ( saith he ) that the same should not have been written in french , that the subject might understand the law , by which he holds what he hath , and is to know what he doth . but all this is not for nothing ; for as he imparted grace unto his people ( saith the same auther ) for so all acts of justice are termed , wh●n granted by kings , so he took a care to replenish his own purse by it , that the poor commons obtain not any thing which they pay not too dearly for . here ends the life of the best reputed prince ; and yet you see wherein his excellency lay ; the best happiness the people had in his raign , was ▪ that they had more engagements for their liberties with more cost , and the remembrances and sense of the goodness of them more fresh and sweet by the often repetition of them ; but for execution or addition to them , they were as far to seek as in former times . and if it do possibly happen that in one kings raign either through the goodness of his nature , or rather want of advantages , there be an intermission of oppressions , ( for that is the utmost to be expected ) yet the next king will be sure to make it up , and if they give the people a little breath , it s but that they may sow for the next to reap , or as they do with men on the rack , let them down , and give them cordials , and spiritfull liquors , that they may be the longer and more sensibly tormented ; which was made good in the next kings raign , viz. richard the second , who presently dashes and utterly nips these blossoms that sprung out in the former kings raign , devoting himself to all uncivill and lewd courses , and to enable him the better unto it , layes on sad and miserable taxes on the people without so much as a mention or hint of their liberties , and as the parallel of edward the second , both lived and died ; it s enough to decypher his raign by his end ; for he was deposed by the universal consent of the people in parliament as a tyrannical , and cruel governor , and not a good word spoken of him to commend him in his government , and its pitty to aggravate his misery after his death , and yet ( as we say ) seldom comes a better ; when one is cut off , another like the hidra's head springs up in his place . henry the fourth who overthrew him in battel , and was made king in his stead ( though by a wrong title ) at first promised the new modelling of laws to the peoples ease , and did , as in a complement ( rather to secure his title , then out of affection to the people , or sense of his relation ) redress many grievances , which were more gross and less concerning the common-wealth ; and as he did strive by these common acts to engage the people to him , so ( as one that had continuall sence of guilt on him ) he got the deposed king to be barbarously murthered in the castle of pomfret , that no competition might endanger his title by his life ; he spent most of his raign incontinuall wars about his title , and was often opposed as both a tyrant and usurper ; but he still got ground on both the liberties and laws formerly granted ; yet not so sensibly as in the former kings raigns , that the people may be said to have a little respite from the violence & heighth of prerogative by him ; but they may thank the unjustness , and brittleness of his title , for that he being more in fear of of loosing it , then out of love with the excess of his ancestors . i shall only add one story to conclude this kings raign , which is universally reported by most of our historians , worth observation , because it hath much of ingenuity in it , and because they were his dying words ; being cast into an apoplexie , and nigh his end , he caused his crown to be placed by him on his pillow , least in the extremity of his sickness it might have been delivered to some other , who had better right thereunto then he had ; but when his attendants , ( through the violence of his distemper , supposed him to be dead , the young prince of wales seised on his crown , whereat the king started up raising himself on his arms , demanded who it was that had so boldly taken away the crown ? the prince answered that it was he ; the king fell back into his bed , and fetching a deep sigh , and sending forth many a pensive groan , replyes thus ; my son , what right i had to this crown ; and how i have enjoyed it , god knows , and the world hath seen ; but the prince , ( ambitious enough of a diadem ) answered him thus ; comfort your self in god ( good father ) ; the crown you have ; and if you die , i will have jt and keep it with my sword as you have done ; and so he did soon after , maintaining his fathers injustice by his own . and now comes up his son henry the fifth as the next heir , who though while a prince was given to many wicked practises , yet when a king , became moderate , and hath better commendation then most of his ancestors ; the people had two advantages and comforts by him ; first , that his reign was short , and that he was much imployed in the war with france for regaining a title to that crown , which he accomplished , and so they were free of civil wars ; though they had still heavie taxes , yet they thought it better to pay for maintaining war abroad then at home ; and truly , the people thought themselves very happy in this kings reign , ( though their priviledges were laid asleep ) that they had a little breathing time from domestick and civil wars , and had hopes to regain by degrees a reviving of their spirits . but the next king , henry the sixth , makes up what was wanting of tyranny and oppression in his fathers raign . he was crowned king about the eighth or ninth moneth of his age , and so had not present oppertunity to shew his royalty . until he came to age , the kingdom was well governed by his three uncles , humphrey , duke of glocester , john duke of bedford , thomas duke of excester , who by their wisdom and justice , kept up the flourishing estate of the english nation ; but when his years of nonage were expired , and he came to weld the scepter with his own hands , ( what as some favorably think out of weakness , for he was no solomon ) all things went presently out of order , and prerogative breaks forth beyond bounds ; which gave occasion to edward duke of york to try conclusions for his title against the house of lancaster , and making use of the discontents of the people through his evil government , opposed him , and afterwards deposed him , and raigned in his stead by the name of edward the fourth , and so by conquest he got the title to run through the house of york , having cut it off by his sword from the house of lancaster ; notwithstanding actuall possession of three descents , many overtures of war were yet between them ; for henry was not yet dead , though for the present outed ; but as a dying man strove for life , but being quite overthrown was imprisoned , and afterwards murthered to secure the title ; there was in these two kings raign but meerly for a title fought ten bloudy battles , besides all lesser skirmishes , wherein many thousands of lords , gentlemen , and commons were slain , and yet not one jot of advantage gotten by it for the peoples liberties ; it being the misery and folly of the people to venture all they have , to set up those over them who afterwards prove most tyranni call , and to sow seeds of future misery , by spilling their bloods for a usurped title . in this kings reign , as in the former , the whole land was miserably rent by unnaturall divisions against his title , and government ; and though neither or these two had a just title ( if we will begin from the root ) yet all the bloud of the nation is thought too little to be spilt to maintain their pretences ; yet we may not reckon this king among the worst , had it not faln out that his title must be kept up with expence of so much blood and ruin of the english nation ; yet in his last five yeers , he laid on such extraordinary taxes , and changed the form of laws , that he lost the love of all his subjects . for edward the fifth his son , who succeeded him in title , we need but mention him , for he had but the name of a king ( being an infant ) and his reign may wel be called an inter-regnum , for ere he came to know what government was , he was cruelly murthered with his infant brother , by his uncle rich. duke of glocester , who reigned both for him , and afterwards for himself by the name of richard the third , a bloody and cruel man , rather a monster then a prince , his name stincks in the english dialect ; the shortness of his reign was the happiness of the people ; for after three yeers usurpation , he was slain in the field by the earl of richmond , who by his valour , more then his title got the crown by the name of henry the seventh ; this was the best act that was done by him , in easing the kingdom of such a viper . in his reign ( who is the first root of our kings since ) the people had more hopes then benefits , and were rejoyced and made happy more by expectations , then enjoyments of any reall priviledge , or liberty . for though he took all the ways to secure his title by his marriage with the lady elizabeth daughter to edward the fourth , yet many stratagems were laid to disturbe his peace , which put him on acts of policy , and diligence , ( which he excellently demonstrated ) to free and extricate himself out of dangers and designs ; many sad divisions were stil in the kingdom , all men were not pleased either with his title or government , and that they might but disturbe him , or hazard his crown , they made stage kings , drest up pretty lads in princely robes , and carried them up and down the kingdom as puppets for the people to gaze one , and admire ; all this while king henry had not time to advance his prerogative , while he was but securing his title ; but after he had done that , and now began to look on himself as free from either forraign or home competitors , and the coast of state seeming cleer from all thickning weather , he thinks of redeeming what he had lost by factions , and imployes his wit for bringing down the height of the english nation , and plucking down their courage , and was especially ( saith one ) jealous over his nobility , as remembring how himself was set up ; and how much more did this humor encrease in him after he had conflicted with such idols and counterfeits as lambert simnel & perkin warbeck ? the strangeness of which dangers made him think nothing safe ; and thinking that the riches of the english occasioned their rebellions , he took a course to empty their coffers into his ; and the plot whereby he meant to effect it was by taking the advantage of the breach of penal laws , which he both found , and made for that purpose ; his instruments which for this work were pickt , and qualified sufficiently , were sir richard empson , and edmund dudley , men learned in the law , and of desperate and subtle heads , and forward in executing the kings commands ; these two attended by troops of base informers , promoters , catchpoles , cheaters , knights of the post &c. went up and down the kingdom , cruelly polled and taxed all sorts of people , and prosecute in every shire the most deserving and generous men , that the kingdom in a little time was more beggard , then by most of the former civil wars ; and all this done by the kings speciall command , and countenance , that we may see what was the reason he began not sooner to play rex ; want of opportunity , and fear of loosing his crown while he was advancing it ; but the latter end of his raign was too soon , and too long for such actings . this king ends his raign with the greatest acts of tyranny ; he made himself a rich king by beggaring his subjects ; after he had freed his own person out of danger ▪ he imploys all his wits to enslave the english ; the fruits both of his title and tyranny we have felt ever sence in these that followed him . his son henry the eighth of that name , succeeds him ; in his first beginnings he seemed to be tenderly affected to the common-wealth , and redressed many grievances , especially those which were laid on by his father , and executed by empson and dudley , doing justice on them for their cruelty and oppression . but those affections were too good , and too violent to last long ; the sound of drums and trumpets soon quasht them , and many encroachments grew on the peoples liberties ; many tempestuous storms and controversies there were in this kings raign ; but they were more ecclesiastical then civil , and so more dangerous and strong . in a word , he was accounted a better souldier then a governor , and more fit for a general then a king to govern by just and equal laws ; the best act he did , was the discovery of the wickedness of the clergy , and casting off the popes supremacy , which yet he took to himself , and annexed it to his own crown ; as the most of his raign was ful of controversies and tempests , so all affairs were managed in a ranting and turbulent maner , not with that gravity & soberness as becomes civil and prudentiall transactions ; he was very lascivious , and delighted much in variety , and changes of laws , as wives ; he oftentimes much pleased himself to be in the company , and was over-familiar with swaggering and loose fellows ; and the people ever and anon found the power of his prerogative at home , as his enemies did of his sword abroad . edward the sixth his onely son succeeds him , a prince that was too good to live long , the phoenix of english kings , had he had time to prosecute his intentions and mature his genius ; but the sun in him did shine too bright in the morning ; god gave england onely the representation of a good king , but would not in judgement let us be blest long with him ; religion began to revive , liberty to bud forth , the people to peep out of their graves of slavery and bondage , and to have their blood fresh and blushing in their cheeks ; but all is presently blasted by his death , and the people ( who have seldom more then hopes for their comforts ) are now fainting for fear ; england is benighted ; and hung with black ; queen mary that alecto , and fury of women succeeds ; and now both souls and bodies of the people are enslaved , and nothing but bone fires made of the flesh and bones of the best christians : but it s too much to name her in the english tongue ; queen elizabeth succeedes her , who being prepared for the crown by suffering , came in a most seasonable time , both for her self and the people , who were made fuel for the flames of her sisters devotion . and now england begins to flourish again , and to recover its strength ; many inlargements were granted , both to the consciences , and estates of the people ; yet if we speak impartially , we were kept further off rome , then royalty ; yet doubtless she may be chronicled for the best princess , and her raign the most even , and best mannaged , with more fruits to the people then any of the former kings , especially if we consider how long she governed this nation ; i end her raign with this character , that she was the best queen that ever england had , and the glory of her sexe to all ages . the english line is now ended ; we must go into scotland to seek for a king , because a daughter of henry the seventh was married to james the fourth , king of scotland ; but i will not question his title . king james the sixth of scotland , and first of england , succeeded on the english throne ; a prince that had many advantages to set up prerogative , which he improved ; he was too timorous to act , but most subtile in councel and designs , and no king did more insensibly and closely undermine the liberties of england then himself ; he gave us cause to remember from whence he came ; but his peaceable raign was the rail to his design , and did choak suspition ; we were brought by him very nigh rome and spain , and yet knew it not ; he had an inveterate hatred against puritans , as he had a fear of papists , and made more of bishops then ordinary by remembrance of the scots presbytery ; he had as much of royalty in his eye as any prince could have , but had not so much courage to prosecute it ; the puritan alwayes lay in his spleen , the papist on his lungs , that he durst not , that he could not breath so clearely and strongly against them ; but the bishops lay in his heart . i will not rip up his personal failings after his death ; he was the most profane king for oaths and blasphemies that england had besides , &c. he now grows old ▪ and was judged only fit to lay the plot , but not to execute it ; the design being now ripe , and his person and life the only obstacle and remora to the next instrument , he is conveyed away suddenly into another world , as his son henry was , because thought unsuteable to the plot , it being too long to waite , untill nature and distemper had done the deed . we are now come to our last charls ( who is like to end both that race and its tyranny ) the perfect idea of all the rest , and the most zealous prosecutor of the designs of all his ancestors , who , if divine providence had not miraculously prevented , had accomplished the utmost of their intentions , and for ever darkned the glory of the english sun ; so much i must say of him , that he got more wisedom by action , then could possibly be expected by his nature ; experience that teacheth fools , made him wise ; he endeavoured to act what others designed ; he dissembled as long as he could , and used all parties to the utmost ; but his zeal and hardiness brought him to his death . he needed no physick for his body , had he remembred his soul . but what need i mention him ? he is the last of english monarchs , and the most absolute monument of monarchy , and example of tyranny and injustice that ever was known in england ; he would have been what other kings are , and endeavoured to attain what others would be ; he lived an enemy to the common-wealth , and died a martyr to prerogative . thus you have seen a faithfull representation of the norman race , under which we have groaned for about six hundred years ; the first title made onely by the invasion and conquest of a stranger and bastard , continued by usurpation and tyranny , that take away but two or three persons out of the list ( and yet these bad enough if we consider all things ) and all this while england neither had a right heir , or good king to govern it ; and yet by delusion and deceit we must be bound to maintain that title as sacred and divine , which in the beginning was extorted and usurping ▪ as if gray hairs could adde reverence to injustice . england hath now an advantage more then all its ancestors , of freeing it self from this successive slavery , and interrupting that bloody line , and after an apprentiship to bondage for so many hundred yeers , providence hath given us our own choice ; if we take it we are made ; if not , the old judgement of god lies on us for our stupidity , and blindness . for my part , as i do not give much to that monkish prophecy from henry the seventh times ; mars , puer , alecto , virgo , vulpes , leo , nullus ( yet i wonder how the devil could foresee so far off , and must needs say that it hath yet been literally fulfilled ▪ both in the characters of the persons , and the issue ) yet i must so far give way to the power of divine actings on my faith , as to think that either we shall never have a king more , or else we shall have one sent of god in wrath , as the israelites had , seeing we are not contented that way which god hath from heaven led us to . as for the title of this prince ( who would fain be accounted the right heir ) let us but remember from whence he had it , and how it s now tainted ; were it never so just , the treason of the father hath cut off the son ; and how unwise an act , besides all other considerations , will it be for england to set up the son to propagate both his fathers design , and death . we may prophecy soon what a governor he is like to be which hath both suck't in his fathers principles , and his mothers milk ; who hath been bred up under the wings of popery and episcopacy , and doubtless suckt both brests ; one who was engaged from the beginning in the last war against this parliament , who hath the same counsellors his father had , to remember him both of the design , and the best wayes of effecting it ; one who hath never yet given any testimony of hopefullness to this nation ; who was in armes when a subject , against the libertyes which england and scotland spilt much blood for to maintain ; one who hath both his fathers and his own scores to cleer , and is fain to make use of all medium's , though never so contrary , attended with all the crew of malignants of three nations ; who is so relatively and personally engaged , that both old and new reckonings are expected to be payd only by him . to his father he is endebted for his crown , and bound to pay his debts , both ecclesiastical and civil ( which will amount to no small summe ) ; to the papists he is engaged for their old affections , and hopes of new , besides the obligation of duty to his mother , and freeing her from her monastry and hermitage . to the prince of orange he owes more then his ransom , besides the states courtesies ; to ireland he is in more arrears then his kingdom of scotland will be able to pay , and to scotland for his entertainment and enstalment more then england ( for present or in many years ) can repay without a morgage , or community of lands , and liberties , besides what he owes england for helping his father to make the parliament spend so many millions of treasure , besides blood ( which would have weighed down all expences besides ) and helping as a prime agent the utter destruction of england ; all which must be reckoned for with much seriousness ; and if men have so much charity and generousness to forgive all , yet we have a reckoning with heaven to be discharged , which debt is yet unpaid ( without we think the fathers blood be sufficient satisfaction to divine justice ) ; and if that death should be a satisfaction for himself , yet not for his son , who joyned with him , & now continues the same fault , and guilt , and intends to follow on with more violence and intention then ever . can we think ( & retain our memories and reasons ) that charls the second can forget charls the first ? that custom and education can easily be altered ? that the true and reall engagers with him and his father , shall be razed out of his heart , or that he can heartily love his opposers , but as he may make use them : or that when some banks and rocks are out of the way , the waters and floods of royalty will not run in its wonted channel ? will episcopacy dye in england , when kingship is set up ? can reason think or dream , that majesty will not eat out sincerity ? or that presbytery can flourish in that state where prerogative is the ascendant ? or is that person fit to be the medium of peace , and the glory of this nation , who was the conjunct instrument of the war , & the survivor both of the war and peace ? a person that durst not stay in his own nation to plead his right , because of his guilt , whose youth and wilfulness is most unapt for the setling the storms and tempests of a distracted nation . but no more untill we feel the misery of such an attempt ; it was said of tiberius caesar in a satyricall expression , yet it proved true , regnabit sanguine multo ad regnum quisquis venit ab exilio , who first exil'd is after crown'd , his reign with blood will much abound . when this poor nation ( after all neglects of providences ) hath spent its blood and treasure to set up this prince in the throne , ( which it may be they shall never effect ) yet at the last they must stand to his courtesy for all their liberties , which they can never expect , and make him a monarch . the patience and long suffering of god hath permitted usurpation and tyranny in england this long time for the hardness of our hearts , and sottishness of our natures , and it may be , may lengthen it out to the utmost , which will be a misery with a witness , and yet a just punishment of god on those who were born free , but will sell away their inheritances for nothing to a stranger . did ever king since the world began ( seting aside some who were priests and prophets also ) naturally , and ingenuously , with a royall affection devote himself to the propagating of the pure and reall liberties of the people ? let him be shown forth as a miracle ; but that ever any one that hath been all his dayes , both in the fathers time , and his own engaged in wars against the liberties of the people , ( solemnly proclaimed in parliament ) and to set up prerogative , either intended or managed his raign that way ( how ever he was brought into his government ) i durst affirm to be a paradox , and the utmost contradiction ; i am sure it s as impossible to be fouud in england as the philosophers stone among the peripatecicks . but a word more to the title , between the now present power , and this charls ; what reason is there , and equity , that the parliament of england ( take them in what qualification you will ( following to the utmost the first principles for the liberty of the people ) should not be esteemed as just heirs , and their parliamentary successors as this young confident ? shal william the norman , ( only having a better sword ) a stranger , one who by nature was never born heir of any thing , create himself a title to enland , and a succession for many score of years , meerly on that account ? and shall every one after him break the line as they please , and take their opportunities to make themselves roots of kings , though springing in the wilderness ? shall henry the seventh ( the father of us all ) who was little less then a bastard , being the son of an illegitimate son of john a gaunt , a forraigner , and private man , by fortune and power give himself a title to this crown , and all our kings since acknowledging right by that root ? must those pretences be sacred which have only the ordination of a more keen and glittering sword ? and a confirmation by custome be thus divine ? and shall not the parliament of england ( cloathed with the authority of all the people , and carrying all the libertyes of england with them ) backt with the power of a faythfull army , be thought ( in the utmost criticisme of reason ) to have as much title to propagate their successe for our freedoms , as they have had to convey both their usurpation and tyranny ? that a private claym by a better sword should be jure divino ; and a publique title both by reason , success , and providence of a solemn assembly , who have been many years opposing the former oppressions , and now have gained it , should not be accounted valid , nor of equall right with a successive illegall claim ? let all the world be judge ( who consider the premises ) and let the violentest reason unroyalis'd speak its utmost . it is high time now to end that line that was never either well begun , or directly continued ; charls the father is gone to his own place , and so is charls the son likewise , he being in his own proper nation , scotland ; let us keep him there if we be wise , and intend to be happy , and let england disdain to be under the domination any more of any forraign power for the future ; and seeing we have conquered the conqueror , and got the possession of the true english title , by justice , and gallantry ; let us not lose it again , by any pretence of a particular , and debauched person . finis . notes, typically marginal, from the original text notes for div a e- dan. hist. p. . speed . speed . william rufus . dan. life of henry the first . dun. pryn. mat. paris p. dan. hist. p. . mat. paris , p. , . master prin , the parliaments interest in the militia , second part , p. . . sir francis bacon . martin . suet. lib : . c. . transcendent and multiplied rebellion and treason, discovered, by the lawes of the land. clarendon, edward hyde, earl of, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing c thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) transcendent and multiplied rebellion and treason, discovered, by the lawes of the land. clarendon, edward hyde, earl of, - . [ ], p. s.n.], [oxford : anno, . attributed to edward hyde. annotation on thomason copy: "nouemb: th. oxon". reproduction of the original in the british library. eng great britain -- history -- civil war, - -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason e _ ). civilwar no transcendent and multiplied rebellion and treason, discovered, by the lawes of the land.: clarendon, edward hyde, earl of c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion transcendent and mvltiplied rebellion and treason , discovered , by the lawes of the land . i had not known sinne but by the law . . rom. . let our strength be the law of justice : for that which is feeble is found to be nothing worth . therefore let us lye in wait for the righteous , because he is not for our turne , and he is cleane contrary to our doings , he upbraideth us with our offending the law . wisd. . . . am i your enemy because i tell you the truth ? . gal. . anno , . reader , instead of an epistle , thou shalt have my resolution , concerning some particulars , principally agitated at this time , and necessary to be premised . . concerning politicall and regall authority and power , and the author thereof . politicall authority , is the power which the supreame magistrate hath over mens persons and estates , over their lives and fortunes ; and such is the power of a king in his kingdom : and that power with us is to be exercised by the king according to the lawes of the land . the originall thereof is from god ; who is the only potentate , the king of kings , and lord of lords , . tim. . . and from none other , men or angells : for the creatures generally are under the commandements , thou shalt not kill , thou shalt not steale . and then cannot by any authority of their owne , warrant any man to take away anothers life without murther , nor his estate without theft . only god , who is the lord of life and death , the lord possessor of heaven and earth , the creator of all things , and therefore hath a naturall dominion over all , can authorize in these cases : and he gives this authority to kings and other supreame magistrates , his vicegerents , and deputies here on earth , for the administration of iustice , and for the effectuall restraint of sinne and vice , by the utmost of corporall and temporall punishments , and for the maintenance of order and government amongst men . and so the apostle tells us , that there is no power but of god , rom. . . and in the scripture kings are called gods annointed ; annointed with power , as the holy ghost phraseth it , act. . . yea they have the compellation of god himselfe , because , saith mr perkins , they partake of his power in their authority , and of his glory in their majesty . and daniell tells us thrice in one chapter , that the kingdomes also are gods , and he giveth them to whom he will . . dan. . . . for instance , 't is by the grace of god that our soveraigne lord charles is king of england , scotland , &c. and in these kingdomes he constitutes governours also as he will ; either by his own nomination or by naturall generation , or by the peoples election : i know that too , to the end popes might usurp power over kings , 't is the tenent of the papists , and of the parliament party , that the king hath his power from the people , and that they may reassume it . but this opinion is founded in blasphemy , loosens the bonds of loyalty , advanceth popular insolency , leads on to rebellion , and ends in anarchy , and confusion . and in truth all the people doe in this case , or can doe , is this ; they may in order to the divine disposition of things , and in some tlaces they doe ( not without gods especiall inclination and direction ) elect such a one to be their king , but they doe not , they cannot , invest him with royall authority and power ; which he hath from god alone , at his inauguration , or first entrance upon his kingly office ; according to that commission , dixi dii estis , i have said ye are gods : psal. . . as in corporations , the inhabitants doe elect the major , but they doe not conferre on him his authority , which he hath from the kings charter only , investing him with such power , and giving them power also of electing him , which they could not have done without speciall licence from the king . and as it is of the kings singular favour and indulgence , that they chose their governour ; and as , for all their elections , the major is minister regis , the kings minister , constituted in authority by and under him , in that corporation , to represent his person , and to discharge his offices so it is between god , the king , and people , in poynt of election and ministration . and as god constituteth every supream governour , so doth he every kind of government in the world ; according to the confession of the church of scotland , delivered in these following words . we confesse and acknowledge empires , kingdomes , dominions and citties to be distincted , and ordained by god ; the powers and authorities in the same , be it of emperours in their empires , kings in their realmes , dukes and princes in their dominions , and of other magistrates in their citties , to be gods holy ordinance , ordained for the manifestation of his owne glory , and for the singular profit and commodity of mankind : so that whosoever goeth about to take away , or confound the whole state of cavill policies now long established , we affirme the same men not only to be enemies to mankind , but also wickedly to fight against gods expressed will . and hitherto appertaineth that maxime . qui introducit mala , peccat contra voluntatem dei revelatam in verbo : qui nova introducit , peccat contra voluntatem dei revelatam in factis : he that introduceth evill things , sinneth against the will of god revealed in his word : and he that introduceth new things , sinneth against the will of god revealed in his workes . . concerning the kings negative vote in parliament , which the two houses would utterly overthrow : and to that end they alledge the forme of an oath in hen : the fourths time , which they say the kings of england usually took at their coronation : and whereby they promise to protect the lawes , and to corroborate such as the people shall chuse : quas vulgus juste & rationabiliter elegerit ( as it is rendred , rot. claus. . r. . nu . . ) which the people shall chuse justly and reasonably : and such was not the first controverted bill of the militia ; for it was both unjust ( to take the kings power from him ) and unreasonable , because without the militia he cannot , according to his oath protect the lawes ; and the true sence of that branch of the oath is expressed by that forme used at the coronation of edw : the sixth . doe you grant to make no new lawes , but such as shall be to the honour of god , and to the good of the common-wealth , and that the same shall be made by the consent of your people , as hath been accustomed ? so that branch in the kings oath , to corroborate such lawes as the people shall chuse , must not be understood universally , that the king is sworne to passe all those lawes that the people shall chuse , but restrictively , that he shall enact only such lawes as the people have chosen , and none other ; and it is only a restraint and limitation of that absolutenes in law-making , exercised by the kings of england formerly , from which they receded by degrees : using first the advice of the bishops and barons in making their lawes , and afterward their consents also : then not their advice and consent only , but also the advice and consent of the commons also . and hitherto doth the clause in the oath relate , to the end that no law , not agreeing with the interest of every of the three formall parts of the kingdome might passe , to the maiming and enfeebling of the established frame of the kingdome . and these formes in rich : . and edw : . are cited by the lords and commons in their remonstrance . . novem. . . concerning the kings councells . beside his great councell , the lords and commons in parliament , the law takes notice of the kings power to sweare unto himselfe a body of councell of state , ( which our lawes call sometimes his grand councell ) and to sweare unto him all councellors at law ; even the judges , and others learned in the law , those to advise him in matters of state , these in matters of justice : and hence is that maxime in law , the king can do no wrong ; if any ill be committed in matters of state , the councell , if in matters of justice , the judges must answer for it . and it will be very preposterous to make the two houses of parliament the kings only councellors in these cases ; if things shall be managed by the major part of the house of commons , as now they are : for that house hath not in it an hundred knights of the shires , and three or foure hundred citizens and burgesses , which may be all mechanicks , and so unfit councellors in those cases : and who with the help of the tumultuous people about london , may deale with the king and nobles , and gentry as they please . and because the two houses are a numerous body , and the king a single person , therefore to counterpoise them , doth the law expresse the king hath a councell of state , and councellors at law , faithfully to advise him in his government , that be may neither doe , nor receive any wrong , especially in parliament , where the wrong may be perpetuall . how unjust then , and unreasonable is it at this time , to debarre or remove those councellors from his majesty , and to expresse no legall cause against them , to which the king hath ever submitted them ? . concerning the tumults raised and countenanced this parliament , whereof if any man doubt , let him consider , . that multitudes of people went to westminster with clubs and swords ; crying , no bishops , no bishops . . that they assaulted the bishops , and would not suffer them to come to , and sit in the house of lords . . that upon the complaint of the bishops , the house of lords twice moved the house of commons to joyne with them in an order against tumults . . that the lords having in vaine tryed that way ( upon the advice of the judges ) sent a writ to the sheriffe and justices for setting watch and ward , and hindring all tumultuous resort to westminster : and for it one of the justices was sent to the tower by the house of commons . . that they assaulted , and evill entreated some of the members of the house of commons , as sir iohn strangswayes ; who also complained of them in the house . . that mr kyrton , a member of the house of commons , offered proofe to the same house , that captaine venne severall times sent , and sollicited the people , to come downe out of the city of london , with swords and pistolls , when he had told them , or sent them word by his wife , that the worser party was like to have the better of the good party . . that ( decemb : . ) his majesty sent a message to the lord major of london , for endeavouring to suppresse the like tumults ; and that at a common-councell held that day , the lord major and aldermen found , that there had been tumultuons and riotons assemblies spread day and night in the city , &c. . that jan. . the poore people about london , preferred a desperate petition to the house of commons , against some of the house of lords : whereof in its due place . now by the ancient law and custome of the parliament , a proclamation ought to be made in westminster , in the beginning of the parliament , that no man upon paine to loose all that he hath , should during the parliament in london , westminster , or the suburbs , &c. weare any privy coate of plate , or goe armed during the parliament ; and the reason hereof was , that the high court of parliament , should not thereby be disturbed , nor the members thereof ( which are to attend the arduous and urgent businesse of the church and common-wealth ) should be withdrawne . cook . . part . instit. l. . of the high court of parliament . . concerning the cause of the warre on the parliament side . sometimes it is pretended , that the first army was raised to fetch in refractory delinquents , and to bring them to coudigne punishment : but who are those delinquents ? such as apply themselves to the king , and were ready to assist him in the recovery of his rights taken from him ; his magazine at hull , the power of the militia , the disposition of the forts and castles , his navy , &c. as for other delinquents , his majesty left them to their justice at the beginning of the parliament : and they proceeded against whom they pleased . the earle of strafford , and the arch-bishop of canterbury : but whether they or their judges proved delinquents , most men now know . and yet they spared whom they pleased in relation to their designe , as the lord privy seale , &c. againe , as those delinquents were of their owne making , so the necessity of raising an army to bring them in , was from themselves ; for whereas that is done ordinarily by the posse comitatus , they had dissolved it by their vote , . march . . that the severall commissions granted under the great seale , to the lievtenants of the severall counties , are illegall and voyd . though such commissions had been in use during the reignes of , king iames , and queene elizabeth of blessed memory ; and the ordering of the militia had been ever in the crowne : and the crown hath its customes as well as the subject his , and not to be violated by the subject . so then armes were taken up , not in a judiciary way to force delinquents properly so called , and to punish offenders against law ; but in the way of state policy to subdue the kings friends , and their opposites ; not to doe justice , but to promote their designes . againe , sometimes it is pretended , that the king indeavoured to bring in popery and tyrannie ; and that they were forced to take up armes , for the defence of our religion and liberty . but our liberties were all asserted by severall acts passed at the beginning of the parliament : and before armes were taken up , his majesty had promised to enact whatsoever they did desire against jesuits , preists , papists , and popery , as appeares by his declaration . iun. . and to secure our liberties and religion , and the whole kingdome ( before armes were taken up ) his majesty had promised that the forts and castles should be alwayes in such hands , and only such , as they should have cause to confide in , ian. . and he accepted of sir iohn coniers , to be lievtenant of the tower of london , in the place of sir iohn byron , feb. . and he allowed their recommendation of the lievtenants for the severall counties , feb. . and what need then of an army , to defend and secure our liberties , and religion , against tyrannie and popery ? and the truth is , this pretended necessary defence and security of our religion and liberty , against popery and tyrannie , was only a colour for the taking up of armes , and a sleight to gaine , or rather to entrap and ensnare the people , that by the power of the kingdome , and the helpe of the people , they might carry on , and compasse their designe against monarchy , and against episcopacy and the liturgy . and so the present quarrell is , for a ( not to be pretended to by any law , ) liberty against monarchy , not against tyrannie ; and for a ( not knowne or chosen by themselves , ) religion against episcopacie and the liturgie , and not against poperie : for therein the king opposeth them , and they have no enemy otherwise . and this alteration of government in church and state , was first attempted in a parliamentary way , then it was carried on by tumults , afterward they proceeded to apparent treason ; and from treason to treason , untill at last they came to the height of rebellion : as the subsequent discourse will show the● . severall treasons by the lawes of the land . to compasse the death of the king and queene , or to intend or imagine it . to intend to deprive , depose , or disinherit the king , if it may appeare by word or otherwise . to leavy warre against the king in this realme , or to conspire to leavy warre against him . and this was high treason by the common-law , for no subject can levy warre in the realme , without authority from the king , for to him it only belongeth , cook . . part . instit. cap. de high treason . againe , if any levy warre to expulse strangers , to deliver men out of prisons , to remove councellors , or against any statute , or to any other end pretending reformation of their own heads without warrant ; this is levying of warre against the king , because they take upon them royall authority , which is against the king , ibid. also to detein or hold a fortresse or castle against the king . and to deteiue or withhold from him , or against him , any his ships or ordinance , is to levy warre against the king , in the construction of the law . to encounter in fight , and kill such as are assisting to the king in his warres , or such as come to help the king . to plot , or doe any thing toward the moving sedition , either in respect of the king , or his army ; or to give advice , or to procure or lend ayd thereunto . to succour the kings enemies . to be adhering to the kings enemies , ayding them , or giving them comfort in this realme , or elsewhere . besides other treasons mentioned in mr. saint-johns argument , upon the earle of strafford ; as , . to endeavour to corrupt the peoples judgement , and to take off the bonds of conscience , the greatest security of the kings life ; as in owen's case , who said , that king james being excommunicated by the pope might be killed of any man , and that such killing was not murther , but only the execution of the popes supream sentence : god forbid i said one of better judgement then owen , that i should stretch forth mine hand against gods annointed : no saith owen , the lord doth not forbid it , you may for these reasons kill the king . . to endeavour to draw the peoples hearts from the king , to set discord between him and them ; whereby the people should leave him and rise up against him , to the death and destruction of the king , as in sparhawks case . also at the arraignment of the earle of essex , the iudges delivered ther opinions for matter of law upon two points ; . that in case where a subject attempteth to put himselfe into such strength as the king shall not be able to resist him , and to force and compell the king to governe otherwise then according to his owne royall authority and direction , it is manifest rebellion . . that in every rebellion , the law intendeth as a consequent the compassing the death and deprivation of the king ; as foreseeing that the rebel will never suffer that king to live or raigne , which might punish or take revenge of their rebellion and treason . and at the arraignment of sir christopher blunt . that the subject that rebelleth or riseth in forcible manner , to overrule the royall will and power of the king , intendeth to deprive the king both of crowne and life ; and that the law judgeth not of the fact by the intent , but of the intent by the fact . how then , is not this rebellion in those who are now risen in forcible manner to overrule the royall will and power of the king ; and have put themselves into such strength , as the king shall not be able to resist them , thereby to force and compell the king ( in some particulars ) to governe otherwise then according to his owne royall authority and direction , and to take from him the power of governing in some cases ; as of the church , and of the militia of the kingdome ? and in prosecuting this rebellion , how have they incurred severall treasons ? . by endeavouring to corrupt the judgement of the people , and to take off the bonds of conscience , the greatest security of his majesty , and to draw the peoples hearts from the king , and to set discord between him and them , whereby they should leave the king , and rise up against him . . by levying warre against the king in his realme . . by deteining his forts and castles from him ; and his ships and his ordinance . . by encountring in fight , and killing them that assist him , and by adhering to the kings enemies , and giving them ayd and comfort . . by compassing the death and deprivation of the king : rebels never suffering that king to live or raigne , which might punish or take revenge of their treason . now the method observed in this rebellion , was this . the government of the church being in the king by law ; and he governing it by arch-bishops , bishops , &c. a bill was brought into the house of commons for the extirpation of them , but it passed not . also the government of the militia of the kingdome being by law in the king , for the effectuall protecting of the law and his people , sir arthur hasterigges , brought a bill into the house of commons , for taking away the militia from his majesty , and placing it in the hands of subjects : and this bill was rejected with indignation . when they could not compasse their designe by vote in parliament , they attempt and prosecute it otherwise . and whil'st his majesty was in scotland ▪ they send forth lecturers , and give licence to pamphleters , by their preaching and writing to corrupt the judgement of the people , and to take off the bonds of conscience towards his majesty ; and to draw the peoples hearts from the king , and to set discord between him and them , whereby they should leave him , and rise up against him : and this is the scope of the remonstrance published , decemb : . . the peoples judgement thus corrupted , and their hearts not only alienated from , but also set against the king , they run head long into rebellion ; and first those about london conspire , and goe in multitudes to westminster with swords and clubs ; and with clamours they revive and presse the matter of the bill against bishops , formerly rejected ; and they menace , affront , assault , and chase the bishops , then actuall members of parliament : so that they could not sit and vote in the house of peers ; and they proclaimed the names of others of the peers , as evill and rotten-hearted lords ; and they assault and evill entreat those of the house of commons , who they supposed favoured the bishops , and had voted against their bills , and against their designe , as sir john strangswayes , &c. and as they passe and repasse through the streets , they utter seditious and traiterous words against the king and his government . hereupon his majesty exhibited articles of high treason against the lord kimbolton , and the five members , the ring-leaders in this rebellion . for endeavouring to subvert the fundamentall lawes and government of the kingdome , and to deprive the king of his legall power , and to place on subject an arbitrary and tyrannicall power . for endeavouring by many foule aspersions upon his majesty and his government , to alienate the affection of his people and to make his majesty odious to them . for endeavouring to subvert the very rights and being of parliaments , and as farre as in them lay , by force and terrour to compell the parliament to joyne with them in their designe . but the accused members shelter themselves under the priviledge of parliament ; ( though it be a maxime in law that in case of treason priviledge of parliament doth not extend , is of no signification ) and by the power and protection of the city of london , and the counties adjacent . and now they begin to put themselves actually into the strength of the kingdom ; and they dispose & order the militia of the city of london , under the command of major . generall skippon , and seize on his majesties magazine at hull , and commit the custodie of it to sir john hotham . and the house of commons petition his majesty , that the militia of the whole kingdome may be in such hands as they should confide in ; and when the major part of the lords would not concurre with them , the poore people in and about london , come in a tumultuous manner to westminster , and they revive & presse the matter of sir arthur hasterigges bill for the militia formerly reiected , and petition the house of commons against those lords , as malignants , and disturbers of the peace , and desire to have their names declared , and threaten to remove them , ( jan. . ) so they withdrew , and the militia was carried by the remaining party of the lords . in feb , and march , they settle the militia of the whole kingdome by an ordinance , excluding his maiesty from any power in the disposition , or execution of it . in aprill , they possesse themselves of the navy-royall . and having put themselves into the strength of the kingdom , they seek to overrule the royall will and power of the king , by declaring against his negative vote in parliament may , . and to compell the king to governe otherwise then according to his royall authority , and directions ; as appeares by the propositions tendred to his maiesty , jun. . and upon his maiesties refusall of those propositions , according to the latitude of their desires , they raise an army , iun. . though his majesty by his declaration , in answer to those propositions which concern religion , revives and renews his promises made formerly , ( viz. decemb. . & . ) to remove all illegall innovations , and to call a nationall synod , and to abolish offensive ceremonies : professing himselfe also willing to a reformation of the government and liturgy of the church , according to his message sent to both houses , feb. . and though in answer to the propositions which concern the choyce of privy-councellors , and other great officers of state &c. his majesty promised that he would be carefull to make election of such persons in those places of trust , as have given good testimony of their ability and integrity , and against whom there can be no just cause of exception : and that if he should be mistaken in his election , and they should offend in their severall places , he would leave them to the iustice of the law ; to be executed every trienniall parliament at the least : shewing moreover , that if the two houses of parliament should have the power of electing them ; great factions , animosities and divisions would follow thereupon , both in the houses themselves , and between the two houses , and in the severall counties also . lastly , touching the other propositions , though his majesty had fully declared and shewed , that they tended to the depriving him of the power of protecting his people and the lawes , which he is sworne to maintain ; and to the very deposing of him and of his posterity ; and to the utter overthrow of that ancient , happy , equall , and well-poysed constitution of the government of this kingdome , and to the overthrow and ruine of the kingdome it selfe , by destroying monarchy , and therewith vnity ; by introducing aristocracy , and division with it , and democracy , and with it tumults , violence , and licentiousnesse . though the king , i say , in his answer to their propositions had declared , promised , and shewed this , yet they took up armes , without authority and commission from his majesty , and so they levy warre against our soveraign lord the king , his crowne and dignity . and they encounter in fight , and kill such as assist the king , and they gave battell to the king himselfe in person at edge-hill . they insist also upon the same propositions at oxford , . and upon the king's refusall of them , they prosecute warre , as before . lastly , the parliament of both kingdomes offer the same propositions to be treated on at vxbridge , . wherein also , they farther desire the concurrence and consent of the parliament of scotland , in our reformation of religion ; in the setling and managing of the militia of the kingdome , and in concluding of peace and warre with forreigne princes . besides , they require the cessation in ireland to be made voyd , and that the two parliaments may order the warre there , and the militia ; and conserve the peace of the kingdome of ireland . true it is , that in some points of regality and soveraignty , the king of england is already restrained and limited , so that he cannot rule and governe absolutely as he will , as in making of lawes ( which he cannot doe , but with the consent of the lords and commons assembled in parliament , ) and in declaring of lawes , ( which he cannot doe , but by the proper iudges in his severall courts ) but in all other things that are not expressely restrained by law , he is free and absolute , and the soveraignty both of iudgement and power , is in the person of the king alone : as in providing for the present safety against suddaine danger , and in levying of armes , suppressing of tumults , and rebellion ; convoking of parliaments , and dissolving them , making of peers , granting liberty of sending burgesses to parliaments , treating with forreigne states , making of warre , league , and peace , giving of honour , rewarding , pardoning , &c. and in these , and the like particulars , it is ▪ that they would farther limit and restraine the king , that he should not governe as he hath done formerly , according to his owne judgement and will , informed and regulated by the advice of his councell of state , and councellors at law , but according to the judgement , and with the consent of both houses of parliament in some cases , according to the judgement , and with the consent of the parliaments of both kingdomes , and in some other cases they would assume the government wholly to themselves : and they take up armes , and fight to force the kings vote and assent to severall bills concerning these particulars , and so at once wholly to overthrow the kings soveraignty , legislative and gubernative . but though others may not , yet the lords and commons assembled in parliament , may rise in a forcible manner , and compell the king to governe as they please , in some cases ; and deprive him of his government in other cases as they please . and others , in obedience to their authority and command , may assist in this warre against his majesty , without rebellion and treason . this is a false and treasonable suggestion , as owen's was , to corrupt the judgement of the people , and to take off the bonds of conscience towards his majesty , by advancing the houses of parliament above the king . and the falsenesse and treasonablenesse thereof will plainly appeare , upon the due consideration of the kings superiority to the two houses of parliament , and of the relation between his majesty and the lords and commons assembled in parliament , and between them and us out of parliament . . touching the point of superiority between the king and the parliament , the two houses themselves have long since determined it . the parliament . h. . declares thus ; this your grace's realme recognizing no superiour under god but your grace . the parliament . r. . . affirmes the crowne of england to have been so free at all times , that it hath been in no earthly subjection , but immediatly to god in all things touching the regality of the said crowne , and to none other . ergo . the two houses of parliament cannot of right have or exercise any authority over the crowne , or the realme , over the king or the subject of england . and though some parliaments called in troublesome times of faction , as now , and overswayed by those that were the head of the most potent faction , as at this time , have de facto deposed and murthered some kings , yet such instances prove no more claime of soveraignty in the parliament , over the king , then a robber , when he exerciseth an arbitrary power over a mans person and purse ; and the observator himselfe confesseth ingeniously , that there was never king deposed in a free parliament : and that the acts of the parliament r. . were not so properly the acts of the two houses , as of h. ● . and his victorious army . nor is it treason only , but impiety also to advance the parliament ( the representative of the people ) above the king , ( the representative of god : ) and it is to set up kings and not by god . ( hos. . . ) yea and against him too . . touching the relation between the king and the lords and commons assembled in parliament , we must know this : that the high court of parliament consists of three integrall parts ; the king , the house of lords , and the house of commons . the king is the head , and the two houses are the grosse body subordinate to the king ; and to be considered alwayes as a part of the parliament , and in a notion under the king , as well in parliament , as out of parliament : and they are subjected to the king in parliament . . in their persons ; for the king calls them together and dissolves them . and as they have occasion to petition the king in parliament they confesse themselves his subjects : and directing their petitions to his majesty , thereby they acknowledge his soveraignty ; majesty being a ray of soveraignty . yea the very legislative acts wherein consists their parliamentary eminency speake them alwayes his subjects , and stile him their soveraigne : and according to the information of the iudges in the time of h. . the king in parliament standeth in his highest estate royall , in respect of the exercise of his soveraigne authority and power in making lawes , which he cannot doe but in parliament . besides , in token of his soveraignty and their subjection the king personally taketh homage and oath of fidelity of the lords , and he commands the commons before they sit and vote in the house to take the oath of supremacy and allegiance , whereby they acknowledge him to be the only supream governour in this realme , and sweare to assist and defend all jurisdictions , priviledges , preheminences , and authorities , belonging to him , his heires and successors , or annexed to the imperiall crowne of the realme . and farther the lords and commons in this present parliament have bound themselves by their protestation , to maintaine and defend with their lives , power and estates , his majesties royall person , honour , and estate . so the lords and commons assembled in parliament , are in the condition of subjects to his majesty , and they have sworne fidelity and allegiance to him ; and therefore they cannot rise up against the king , and compell him , as aforesaid , without manifest rebellion , and perjury also . . in their votes , in passing bills , and making lawes ; wherein though they concurre with the king necessarily , yet 't is not by equall authority but by consent only ; not as joynt soveraignes , but as free subjects ; not as enacting with the king , but as choosing , and preparing and proposing lawes to be enacted by the king ; according to the passage in the oath , that the king shall corroborate such lawes as the people shall chuse : and without this corroboration , by the royall assent , which gives life and motion to our lawes , the votes of the two houses of parliament dye in the wombe where they were conceived , like an embrio , and never see the light . . touching the relation between the lords and commons assembled in parliament , and our selves out of parliament , we take them to be no other than our fellow subjects , and them with us , and us with them , to be equally subjected to our soveraigne lord the king , who is head both of the kingdome and of the parliament , and to none other . nor are they invested with any superiority over us , but are armed with some priviledges against us , that we cannot arrest them or their servants during the parliament : and in case of rebellion and treason , they are no more priviledged , then we out of parliament . so then the lords and commons'assembled in parliament are wholly subjected to the king , their persons to his person , and their votes to his vote ; nor are we in any subjection to them or their votes ; nor have they jurisdiction over us , nor are we bound to the observance of them in any case whatsoever ; and our submission to them at any time , is an act of compliance only , and arbitrary , and not of obedience and duty . and their votes and ordinances , in this case at this time , are not legall obligations upon , but traiterous propositions to , and publick invitations of the people to joyne with them , and assist them in their rebellion and treason . and their partakers doe not so properly obey them , ( having no authority of command ) as conspire with them . thus the lords and commons of england , being alwaies subjected to the king by the constitution of the kingdome , and of the parliament , it is all one whether a rebellion be hatched , and acted by them in , or out of parliament ; and if there be any aggravation , 't is when perpetrated in parliament , for such rebellion leaves a brand upon that parliament , and is a dishonour to all parliaments , it involves in the sinne the whole kingdome for the present , and is an ill president for time to come : and how shall we be ever hereafter liable to change , and upon change to intestine divisions , and to civill warre , it may be , if ( as this doth ) so other parliaments shall , challenge to themselves absolute power to alter the established government of the church and state ; and if opposed , to take up armes for effecting it , as at this day . but though the name of both houses of parliament , be used to authorize and countenance this rebellion , yet the lords and commons generally doe not concurre in this action : but a great part of the house of commons , and a great part of the house of lords , driven from westminster by the violence of tumults , and upon the horror of their proceedings there , doe oppose it , both by their declarations and by force of armes . and the lords and commons now remaining at westminster , are such as are either professed enemies to the established government of the church and state , or malitious against his majesty , and ambitious of his royalties , or covetous of the revenues of the bishops , and deanes , and chapters ; or lastly , such as live in the counties neare london , and within their associations , and comply with them for their private interests . and all that those lords and commons can truly challenge to themselves , is , that they are the ring-leaders in this rebellion and treason , and that they have made other their fellow subjects , their fellow rebells , and fellow traitors . and let such as take part with those lords and commons , reflect upon themselves , and search their hearts , and examine their consciences , whether the like seditious dispositions , and perverse affections , and ambitious and covetous desires , and private respects , did not at first engage them in this warre , and whether in their houses they have not prevented those lords and commons , rather then observed and followed their commands , all along throughout the whole progresse of their rebellion and treasons ; and so whether their compliance be not a traiterous conspiracy with the lords and commons at westminster , rather then an act of sincere and faithfull obedience to the authority of both houses of parliament . it is observed by antient parliament-men out of record , that parliaments have not succeeded well in five cases . . when the king hath been in displeasure with the lords and commons . so essentiall is the king's good will toward his commons , that it was one of the petitions of the commons to ed. . that the arch-bishops , and all others of the clergy should pray for it ; and many times are the like-petitions for the lords . alwaies provided , that both lords and commons keep themselves within the circle of the law , and custome of the parliament . . when any of the great lords were at variance within themselves . . when there was no good correspondence between the lords and commons . . when there was no unity between the commons themselves . . when there was no preparation for the parliament before it began . and there is at this time , a th unprecedented , and unparallell'd case ; making the present parliament , not only succeslesse , but also pernitious ; even the disloyalty , and rebellion , and treason of a party of lords and commons of parliament , who being assisted by the anti-episcopall , anti-monarchicall faction about london , and throughout the whole kingdom , first violate the liberty of parliament , by tumults driving away diverse of the members thereof ; then they make themselves masters of the militia , and afterwards they raise an army , as was pretended , for the defence of the protestant religion , the kings authority , and his person in his royall dignity , and to maintain the free course of iustice , the lawes of the land , the peace of the kingdome , and the priviledge of parliament . and being in a military posture , and having the power of the sword , they declare themselves to be the parliament of england , and assume unto themselves a new capacity of an absolute body , and independent state , and they take upon them authority legislative and gubernative ; and they passe votes , not in order to the king , to be proposed to him , and to be enacted by him , but by themselves , and they publish them not as lawes in his name , but as ordinances in their own names , and to be put in execution , not in a judiciary way ( as our lawes are ) by the ordinary ministers of iustice , the iudges and iustices in their severall courts , and countryes , but by creatures of their own making , their committees and sub-committees , and by their deputy-lievtenants , and in a way extrajudiciall and military . and they force us to submit to them , either by observing and doing what they enjoyn , or by suffering what they impose . we shall also have ( when they can agree upon it ) the like modell of government in the church : the authority to be derived not from the king , but from the two houses of parliament , and to be executed not by bishops , but by presbyters , and such church-officers as the two houses shall think fit to ordaine . and howsoever at first they pretended , that they took up armes for defence of religion , &c. yet their proceedings have been only against religion by law established , and against the king and against regality it selfe , and against the lawes of the land , magna charta , and the petition of right , and so against the liberty of the subject ; and lastly against the peace , and the very constitution and being of the kingdom : and they fight against them that defend these , and oppose their usurped power , and new frame of government , whether their fellow subjects , or their fellow parliament men , or their king and soveraigne himselfe . yea from the first bringing in of the two bills , against the government of the church , and for taking the militia out of the kings hand , all their proceedings have been only rebellious and traiterous untill this day ; and they and their complices have spoken and acted nothing but rebellion and treason , if examined and tryed by the lawes of the land . and their rebellion is an attempt to force and compell the king in some cases to governe otherwise then according to his owne royall authority and direction , and by force of armes to deprive him of his government in some other cases : and to force and compell his vote and assent to severall bills in parliament against himselfe , and against his authority and government : and so at once to subject both his gubernative and legislative authority to the two houses of parliament . and the treasons already acted for promoting this rebellion , are , the corrupting the judgement of the people , and the taking off the bonds of conscience toward his majesty , and the drawing away the peoples hearts from him , and the setting of discord between him and them , whereby they should leave him , and rise up against him : and these are the treasons more especially of their preachers and pamphleters . the levying warre against the king in this realme . the deteining his castles and forts from him , and his ships and his ordinance . and these are the treasons of those lords and commons principally . the encountring in fight , and killing them that assist him ; and the adhering to the king's enemies and giving them ayd and comfort . and these are the treasons of their souldiers and contributers . thus the treacherous dealers have dealt treacherously , yea the treacherous dealers have dealt very treacherously , esay . . . and the treasons to be acted ( which i tremble at , and whereof all will be guilty that have any hand in the preceding treasons ) i say , the treasons to be acted for consummating this rebellion , are the depriving , or deposing , or murthering of the king , the lords annointed : in every rebellion the law intending , as a consequent , the compassing the death and deprivation of the king ; as foreseeing that the rebel will never suffer that king to live or raigne , which might punish , or take revenge of his rebellion and treason . and therefore doubtlesse it is , that sir thomas fairfax hath his commission without exception to fight with , kill , and slay all that shall oppose him . but god forbid that i should strech forth mine hand against the lords anoynted ; for who can stretch forth his hand against him , and be guiltlesse , . sam. . , . and my admonition to them , and to all , and every one any way engaged with them , shall be that of simon peter , to simon magus ; repent of this thy wickednesse , and pray god , that if it be possible , the thought of thine heart may be forgiven thee . for i see thou art in the gall of bitternesse , and in the bond of iniquity , acts , . . ▪ and for the king it shall be my prayer , and let it be the prayer of all loyall hearts . plead thou the kings cause , o lord , with them that strive against him : and fight against them that fight against him . lay hand upon the shield and buckler : and stand up to help him . bring forth the speare , and stop the way against them that persecute him : say unto his soule , i am thy salvation . let them be confounded and put to shame , that seek after his soule : let them be turned back , and brought to confusion that imagine mischiefe for him . let them be as the dust before the winde : and the angel of the lord scattering them . let their way be dark and slippery : and let the angell of the lord persecute them . for they have privily laid their net to destroy him without a causes yea , even without a cause have they made a pit for his soule . let a suddaine destruction come upon him unawares , and his net that he hath laid privily , catch himselfe : that he may fall into his owne mischiefe . and the kings soule shall be joyfull in the lord : it shall rejoyce in his salvation . amen , amen . and now to conclude this tract , as sir edward cook doth his chapter of treason . it appeareth in the holy scripture , that traitors never prospered , what good soever they pretended , but were most severely and exemplarily pu●●ished : as corah , dathan , and abiram , by miracle . the ground clave asunder that was under them : and the earth opened her month and swallowed them up , and their houses , and all the men that appertained unto korah , and all their goods , num. . , . absalom , who by faire speeches and courtesies stole the hearts of the people , and sought his father king david's life , riding upon a mule under the thick boughes of a great oake in the wood of ephraim , where the battell was , his head caught hold of the oake , and he was taken up between the heaven and the earth : and ioab took three darts in his hand , and thrust them thorow the heart of absolom , while he was yet alive in the midst of the oake , . sam ; . , . achitophell , absolon's chiefe councellour hanged himselfe , . sam. . . shimei , for cursing david , had his hoare head brought with bloud to the grave , . sam. . , . . kings . . abiathat , the traiterous high priest against solomon , was deprived of his priest hood , . k. . . . zimri , who conspired against elah , and smote him , and killed him , when he saw the city was taken wherein he was , went into the palace of the kings house and burnt the kings house over him with fire and dyed . . reg. . , . athaliah the daughter of omri , who d●stroyed all the seed royall , was slaine with the sword , . reg. . . bigthan and teresh , who sought to lay hold on king ahasueerus , were both hanged on a tree . est . . . . thewdas , who rose up , beasting himselfe to be somebody , and to whom a number of men about . joyned themselves , was slaine , and all even as many as obeyed him were scattered and brought to nought . after him rose up iudas of galilce ▪ in the dayes of taxing , and drew much people after him : he also perished , and as many as obeyed him were dispersed , act. . , . iudas iscariot , the traitor of traitors hanged himselfe , . mat. . and purchased a field with the reward of iniquity , and falling headlong , he burst asunder in the midst , and all his bowells gushed out , act. . . peruse over all our books , records , and histories , and you shall find , a principle in law , a rule in reason , and a triall in experience , that treason doth ever produce fatall and finall destruction to the offendor , and never attaineth to the desired end , ( two incidents inseparable thereunto . ) and therefore let every one abandon it , as the most pernit●ous bayte of the divell of hell ; and follow the precept in holy scripture . my sonne , feare thou the lord and the king , and meddle not with them that are given to change . for their calamity shall rise suddainly , and who knoweth the ruine of them both , prov. . , . cooke . part instit. cap. . post-script . and now reader see the accomplishment of that evangelicall prediction . in the last daies , perilous times shall come , for men shall be lovers , of their own selves , covetous , boasters , proud , blaspheamers , disobedient to parents , traitors , heady , high-minded , lovers of pleasure more then lovers of god ; having a forme of godlinesse but denying the power thereof . . tim. . , , , . presumptuous are they , selfewilled , they are not afraid to speak evill of dignities . . pet. . . woe to them , for they have gone in the way of cain , and runne greedily after the error of balaam for a reward , and perished in the gainsaying of core , jude . also reader learne and consider , that what things soever are evill in their own nature ( as are rebellion and treason ) cannot be the subject of any command , or induce any obligation of obedience upon any man , by any authority whatsoever . as the lords and commons at westminster have delivered in their declaration , may . . . finis . notes, typically marginal, from the original text notes for div a e- politicall and regall power , & the author thereof . kings have not their power from the people . antient constitutions not to be overthrowne . the kings negative vote in parliament . the kings oath to corroborate such lawes as the people shall chuse . the kings several councells . cook upon littleton . l. . c. . sect. . tumults this present parliament . strangsways . the parliament pretences , for taking up of armes . . the fetching in delinquents . . the defence of our religion and liberty . the true state of the present war . notes for div a e- treasons by the lawes of the land . other treasons in mr saint-iohns . argument . rebellion ▪ the present rebellion and treason . the method used in this present rebellion . a bill against bishops . sir arthur haslerigges bill concerning the militia . traiterous lecturers and pamphleters . tumults revive the bill against bishops . articles of high treason against the l. kimbolton , and the five members . no priviledge of parliament in case of treason . they put themselves into the strength of the kingdom ▪ tumults revive ; sir arthur haslerigges bill , concerning the militia . the ordinance for the militia . the navy-royall . they declare against the kings negative vote , and so against his legislative power . the propositions ▪ against his gubern●tive power . his majesties answer to the propositious . they raise an army . the same propositions insisted on , at the treaty at oxford . and at vxbridge . how the king is restrained already : and how they would farther restraine him . ob. ans. the king superiour to the two houses of parliament . the lords & commons in parliament subjected to the king . in their persons . in their votes . they are our fellow subjects . their votes in this case . all one , whether a rebellion be by the subject in parliament , or out of parliament . a party of the lords & commons , only engaged in this rebellion . upon what motives others have engaged themselves . parliaments have not succeeded well in five cases . note . the sixth case . the beginning and progresse of this rebellion . their proceedings in church and state . the present rebellion . treasons already acted , & by whom . horrid treasons to be acted for compleating the rebellion . the rebels admonished . a prayer for the k●ng . the conclusion . notes for div a e- the postscript . englands present distractions. paralleld with those of spaine, and other forraigne countries, with some other modest conjectures, at the causes of the said distempers, and their likeliest cure. / written by a loyall subject to his majestie, and a true servant of the parliament, in vindication of that aspersion cast upon them, for declining his majesties royall prerogative, or seeking to confine it to limits. by h. g. b. l. c. h. g., b.l.c. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing g thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) englands present distractions. paralleld with those of spaine, and other forraigne countries, with some other modest conjectures, at the causes of the said distempers, and their likeliest cure. / written by a loyall subject to his majestie, and a true servant of the parliament, in vindication of that aspersion cast upon them, for declining his majesties royall prerogative, or seeking to confine it to limits. by h. g. b. l. c. h. g., b.l.c. p. printed for francis wright, london : . imperfect: significant loss of text on p. . annotation on thomason copy: "novemb: th". reproduction of the original in the british library. eng prerogative, royal -- england -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason e _ ). civilwar no englands present distractions.: paralleld with those of spaine, and other forraigne countries, with some other modest conjectures, at the c h. g., b.l.c. d the rate of defects per , words puts this text in the d category of texts with between and defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion englands present distractions . paralleld with those of spaine , and other forraigne countries , with some other modest conjectures , at the causes of the said distempers , and their likeliest cure . written by a loyall subject to his majestie , and a true servant of the parliament , in vindication of that aspersion cast upon them , for declining his majesties royall prerogative , or seeking to confine it to limits . tempora mutantur , & nos mutamur in illis . by h. g. b. l. c. london , printed for francis wright . . doctrina parit virtvtem . englands present distractions . distractions when nationall , are diffusive , nothing escapes their violence , like sampsons foxes , they carry fire about them , and consume all before them : and for the most part they fall like hailestones , one no sooner drops , but a whole storme doe follow . these late yeares have been pregnant with distempers . germany leading this dance of death , being the greatest of the european provinces , france , the fairest of them , and spaine , the powerfullest , have since , as it were , celeri pede , followed their leaders steps . and now & hinc illae lachrymae . england the little eye of nature , the darling and delight of europe , has thrust it selfe into the same bloody matachin : wherein ( as you shall observe ) especially in those of spaine , imbroyld with the civill differences of catalonia and portugall ; they keepe one figure with ours in england , and its rebellious province ireland , being true parallels , that run even still through severall wayes : it shall be needlesse to relate the circumstances of the catalonian revolt from the spanish government ; it having been , ( as ireland to england ) an appendix for some hundred of yeeres to that large booke of arragon : the world knowes it is revolted , and that is sufficient for our purpose : not two twin cherries carrie more resemblance , then the horrid faces of the present rebellions in these two subordinate provinces . catalonia for many yeeres past , being under the government of don iohn de muscu●ena , the catalonian prefe●t there , under went with pavement shoulders , unheard of insolencies ▪ ( custome in suffering as it doth in sinning , taking away the sense of their sufferings : the austere condition of the man at which they durst not repine , making them like good dull mules , ma●ch silently without braying under their burdens : the state of ireland just under the late lord lievtenant thomas earle of strafford a man of as much severity in his vice royship there : his government ( i would be loth to brand his memory with a false imputation , because he fell under the axe of justice ) almost devolving to tyranny . and if tha● maxim in philosophy hold true , that causae judicantur ab effect●bus & é contra . certainly we may well affirme , both the catalonian and irish defections derivative from the oppressive injustice of their too tyrannous governours . catalonia immediately upon the revocation of muscurena , bleeding with the wounds of his former cruelties ; which yet for the present , if they were clos'd up had left large skarres upon their bodies , resolves to provide for their future safeties , or sell them at a deare rate , to open a conspicuous ruine , breake forth into an acknowledg'd and maintain'd rebellion . so did ireland on the earle of strafford , though perhaps the levity and malice of that nation , only sought by the specious presence of his tyranny to palliate their wicked intentions , which had destin'd them for this fatall and impious purpose , long before straffords arrivall thither : but that rebellion were not considerable to us , as catalonia's is to the spaniard , nor could the irish ( though their quarrell for their religion makes them resolutely desperate , being assured by those that guide their soules , their mutinously superstitious priests , that they atchieve the glorious condition of martyrs and confessors in their death and sufferings , resist the english powers , if england were once blest with an unity betweene it's king and people , the distractions there being so well knowne to the world , that in our very enemies ( if we had any such besides our selves , they would have invited pity : england that thus many yeares hath stood the envie of all it 's neighbours : like a fruitfull olive teeming with blessings of a constant and continued peace , while they teem'd with fire , famine , and a thousand inexplicable ruines , having now two armies of it's owne sons , violating with their hostile steps their mothers pleasant and plenteous bosome ; their active spirits , like milstones wanting other matter to imploy their motion upon , being ready to set fire upon themselves . and yet few distinctly know the reason of these so sudden and hydra●-headed confusions . in spaine , tyranny in the king at least in his officers , caused the catalonian revolt ; the same with hope of liberty that of portugall : here none can accuse the king of that blemish ( i would we could as easily acquit his cabinet councellors , nor yet condemne the people , that they have falne , or doe yet defect their obedience : and yet ( so paradoxicall is this difference , ) all is distraction , the king bent against his people , and they as naturall justice gives them priviledge , resolute to defend themselves , not against the king , he offers them no violence : but to preserve their lives , lawes , and liberties , from the rapine of his evill ministers , who ofttimes render the rule of good and gracious kings odious to their subjects , and if we may beleeve that great legislator , that second numa of the romans cicere , that these ought to be accounted good men ; qui consulta patrum qui leges & reipublicae instituta servant . sure ours here are no ill patriots of their countrey , my logicke knowing no such nicety of distinction betwixt servare and preservare , but that they may be by as direct a title admitted to march under the ensignes of goodnesse , who strive to preserve the lawes and constitution of the common-wealth , as they who onely keep them . and now without offence , if we may positively set downe , or at least-wise probably conjecture at the causes of these so lamented distractions , wee shall find ours here , and those of spaine , if not uno & eodem , yet valde simili fonte manare , to wit , the unlimited and infinitely ambitious power of the clergy . the spanish nobility and most of the ancient gentry ( though nationally and naturally that people is most superstitiously affected to their clergy , then we ever were to ours ) repining and disdaining to see these men , who but yesterday were their meniall servants , to morrow , being by their helpe andsuffrage , advanced to that supreame ecclesiasticall dignity ; demeane themselves as their equals if not superiours ; nay , sitting as it were , to use our course old english proverb , even cheeke by jowle with majesty , and swaying if not a wing that . most of the king of spaines cabinet counsellors , bating his favourite olivares , the constable and adelantado of castile , who enjoy that honour by the priviledge of their offices , being church-men , the kings and those noblemens ghostly fathers . and undoubtedly where they have so great a tye over mens minds , as the knowledge of their consciences , they must needs have a superintendent power over their actions , which are but the children of mens propensions ; so that those insolencies of mascarena , circumstantly are derivatived from the spanish clergy , they being , if not by their consent and directions committed , yet by their patronage and conivence . and is not this comparatively our condition , while the clergy were revera , not nomine , onely the ministers of the almighty , when they were boni pastores oves solum tondentes non deglubientes , what an excellent harmony was heard through this kingdome , joy and gladnesse being only in dwellings ? but when the miter grew in competition with the crowne here , when the proud and insolently presumptuous prelates began to ranke themselves with the chiefe nobility , contemne the gentry , and tyrannize over the communalty , introducing strange and impertinent , nay , superstitious cannons & ceremonies of our ancient faith , backed too by authority of such or the secular magistracy , as durst not , or at least would not contradict their proceedings , then the wisest of this nation jam proximus ardens , vtalegon : their neighbours houses being on fire , began to looke to the safety of their owne dwellings , endevouring to represse that torrent which else threatned the whole iland with a deluge . and certainly that wise and sacred senate , the illustrious high court of parliament seeke not to diminish the kings royall prerogative , descendent to him as his crowne is from his ancestors , by seeking to regulate the power of the clergy , by extirpation of bishops , though it is their constant tenent where the church is reduced to an anarchy , there is likewise the temporall power alter'd . but i durst not dispute it with any of them , that not neither is episcopacy so correlative , or consubsistent with majestie , that one cannot stand without the other , nor that the parliament ever intended to confine the royall prerogative to limits , but secure the right & prosperity of the subject from being swallowed up in that extensive power of royalty ▪ which being contiguated , if not one continuum , with the subjects safety , ought not to be imployed to his ruine . to prevent a danger , certainly is the greatest point of wisedome , and though none will imagine , our good and gracious king ever meant to put any power against his people in practise , and in his owne princely intention , yet certainly it was an honorable and conscionable justice in the parliament , being intrusted as feoffees with the kingdomes safety , to seeke to provide for futurity , lest some such king there might be heereafter , that might invert the charter of his royalty seald to him by the peoples obedient suffrage upon the people themselves . and yet this hath separated the king from his people , and given birth to these unhappy distractions : in spaine , especially in catalonia , where the king now is , hee seekes to reduce them to his obedience , by affording them his presence . all wee sue for here , is his majesties royall presence , which would suddenly give a sure and happy period to these distempers . if his highnesse desserting those few incendiaries , who by their malignant councels , and affections have instigated and fomented these dissentions would vouchsafe to comply with the universall body of his kingdome , contracted in this present parliament . and certainly in this climetricall yeere of the world , when it labours with the empidemical contagious sickness of combustions , we alone are bound to thank heaven that our disease here is not so violent , but it may be cured by time and good councell . nothing but blood , being able to extinguish the burning rayes of those flaming combustions , that like prodigious meteors predominant in other nations . catalonia nor portugall , being never to be reduc'd to the spanish obedience , but by extirpation of all those families and their adherents , who were the prime botefeus in the revolt of those provinces . and certainly if the spaniard doe goe out victorious , no misery will equall that of those vanquished wretches , upon whom and their unbappy posterity will be afflicted cruelty without pitty , by the insolent and implacable victors : tyrants shed blood for pleasure , kings for necessity : in what a happy condition then is england , even in its misfortune , being compar'd with other nations . spain being oppressed , both with french , french , dutch and turkish , forraigne enemies , and embroyld'd with domestick troubles , france is neither free from civill dissentions , nor safe from the spanish invasions , which both out of biskay and handers , and artoys infest it with frequent inroads : germany has so long beene the theatre of war and blood-shed , that it has almost worne out the race of the old swedish actors ; yet their still spring up new ones , as if that country were destin'd only for fertility of miseries ; we only , as we are in scituation , et penitus toto divisos orbe britannos , so we are in condition ; being safe from forraine enemies we have our selves unmade our own safeties like cadmus earth-borne brothers , striving to boast in one anothers destructions . populumque potentem . in sua victrici conversum viscera dextra : such is the uncertainty of all humane and worldly happinesse , which resembles aptly a fair hopefull plant , set with much care by the industrious owner : to day it buds , within a few weeks blossoms , dressing as it were ▪ its bushy beauties at the sun-beams , when suddenly comes an unexpected april frost , and nips at the root , and then it withers ; that faire and hopefull foundation of peace and happins , and for us by our ancestors , being now ready by our own hands to be sacrificed as a victima tyrannidis , yet is not our case altogether so desperate as our neighbours ; good councell having power to rectifie and reconcile our differences , force only theirs . and 't is to be hoped , at least t is all good mens wishes , that a speedy reconcilement may proceed betwixt his majesty and parliament , that the rumor of their war , may like thunder , though loud , having cleared our english ayre of it's pestilentiall vapors like it be sudden , its noyse once past , the memory of it forgotten , that this land flowing with milk and hony , may not be converted into a wildernesse , nor sit desolate like widow , who so lately appear'd a queene among the nations , the very empresse of the islands rich in her inhabitants and merchandise , that so tears may be wiped away from all mens eyes , and that we may see peace again in this our israel , that the example of unity amomg ▪ us may set a happy period to the dissention of our neighbours when they shall behold our destructions which begun last end first ; that our common mother , europe , that sometime empresse of the world ▪ now groaning under the burthen of her sons mutuall armes , may resume her ancient glories by the expulsion of that common enemy to humane nature the turke , that so true religion may extend its branches like a fruitfull vine through the face of the earth , and we sit happy under the shadow of it , which heaven in it's mercy send sp●edily to come to passe , that all the ends of the world may praise the lord ▪ finis . by the king a proclamation concerning the adiournement of the parliament. england and wales. sovereign ( - : charles i) approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a stc estc s ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) by the king a proclamation concerning the adiournement of the parliament. england and wales. sovereign ( - : charles i) charles i, king of england, - . sheet ([ ] p.). by bonham norton, and iohn bill, printers to the kings most excellent maiestie, imprinted at london : anno dom. m.dc.xxv [ ] arms with "c r" at top of sheet; text has historiated initial. "giuen at our court at oatlands, the twelfthth day of iuly, in the first yeere of our reigne of great britaine, france and ireland." reproduction of original in: society of antiquaries. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- parliament. plague -- england -- london -- early works to . great britain -- history -- charles i, - . great britain -- politics and government -- - . broadsides -- london (england) -- th century. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion cr diev et mon droit honi soit qvi mal y pense royal blazon or coat of arms ❧ by the king. ¶ a proclamation concerning the adiournement of the parliament . the kings most excellent maiesty , hauing taken into his princely consideration , that the infection of the plague is at this present so generally dispersed and spread abroad , in and about the cities of london and westminster , as that the parliament , late assembled at westminster , could not without manifest perill to the lords spirituall , and temporall and commons there assembled , be continued there , so long as the necessitie of the vrgent and important affaires of his maiestie and the whole realme did require ; hath therefore caused the same to bee adiourned from the citie of westminster , to be holden at the citie of oxford , the first day of august next ▪ and hath thought fit hereby to publish and declare the same to all such , whom it may in any wise concerne ; straitly charging and commanding hereby , as well all the lords spirituall and temporall , as also all and euery the knights , citizens , and burgesses , of all and euery the shires , cities , and boroughs within this realme of england , and all others whom it may concerne , that they and euery of them doe personally appeare at the said citie of oxford , the said first day of august now next ensuing , then and there to proceed in those waighty and vrgent affaires which shall bee there handled , as shall be most expedient for the generall good of his maiestie and his realmes . giuen at our court at oatlands , the twelfth day of iuly , in the first yeere of our reigne of great britaine , france and ireland . god saue the king. ¶ imprinted at london by bonham norton , and iohn bill . printers to the kings most excellent maiestie . anno dom. m.dc.xxv . for a finall answer to your proposition of the . of this instant concerning delinquents, &. his majestie will consent, that all persons who have had any hand in the plotting, designing, or assisting the rebellion of ireland, shall expect no pardon ... charles r. england and wales. sovereign ( - : charles i) this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing c ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing c estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : or : ) for a finall answer to your proposition of the . of this instant concerning delinquents, &. his majestie will consent, that all persons who have had any hand in the plotting, designing, or assisting the rebellion of ireland, shall expect no pardon ... charles r. england and wales. sovereign ( - : charles i) charles i, king of england, - . broadside. s.n.], [s.l. : . title from first lines of text. statement of responsiblity transposed from head of title. "tuseday, october . ." incorrectly identified in reel guide as wing no. c , which begins: "his majesty's answer to the proposition of the th instant." reproduction of original in the societies of antiquaries library, london. eng great britain -- history -- civil war, - . great britain -- politics and government -- - . a r (wing c ). civilwar no charles r. for a finall answer to your proposition of the . of this instant concerning delinquents, &c. his majestie will consent, that al england and wales. sovereign a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion charles r. for a finall answer to your proposition of the . of this instant concerning delinquents , &c. his majestie will consent , that all persons who have had any hand in the plotting , designing , or assisting the rebellion of ireland , shall expect no pardon , as is exprest in the first branch of this proposition . as to all the rest of the propositions , his majesty cannot consent thereunto , as is proposed , otherwise then is here afterwards expressed , viz. as for all other persons comprised in the said first branch , his majestie for satisfaction of his two houses will give way , that they may moderately compound for their estates , and desires they may be admitted to the same . and for removing of distrust , and interruptions of the publique settlement , his majestie will consent as followeth . that such of them as the two houses of parliament will insist on shall not be admitted to his councels , and be restrained from comming to the court , at such distance , as both houses shall thinke fit , and shall not have any office and employment in the common-wealth , without the consent of both houses of parliament , or shall absent themselves out of the kingdome for some time , if both houses of parliament shall thinke fit . that all other persons in this proposition shall submit to a moderate composition , and for the space of three years shall not sit , or serve members , or assistants in neither house of parliament , without consent of both houses of parliament . tuseday , october . . his majesties propositions . . that his majesty be put into a condition of honour , freedome and safety . . that safely he may be restored to his lands , and revenues . . that he may have composition for the court of vvards , and such of his revenues , as he shall part with . . that there may be an act of oblivion and indempnity . mr. vines gave in a paper in answer to his majesties , to satisfie his majesties conscience touching bishops : then the commons delivered a paper , desiring a more satisfactory answer to the businesse of the church . printed in the year , . the case put, concerning the succession of his royal highness the duke of york l'estrange, roger, sir, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing l estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the case put, concerning the succession of his royal highness the duke of york l'estrange, roger, sir, - . [ ], p. printed by m. clark, for henry brome ..., london : . attributed to l'estrange by wing and nuc pre- imprints. includes marginal notes. reproduction of original in the bodleian library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng james -- ii, -- king of england, - . great britain -- politics and government -- - . great britain -- kings and rulers -- succession. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - judith siefring sampled and proofread - judith siefring text and markup reviewed and edited - pfs batch review (qc) and xml conversion the case put , concerning the succession of his royal highness the duke of york . london : printed by m. clark , for henry brome at the gun in st. pauls church-yard . . the case put , concerning the succession of his royal highness the duke of york . the case of his royal highnesses succession ( in regard of the present circumstances of plots and popery ) has been , of late , sufficiently agitated , pro , and con ; while the advocates of both sides pretend equally to support themselves upon arguments drawn from nature , scripture , law , history , custom , and political expedience . [ et pila minantia pilis ] now as it is utterly impossible for a contradiction , to be both ways in the right ; so the difficulty will not be much less , for a common man , in a proposition of this nicety , to distinguish betwixt the truth , and the paradox ; and to determine , upon which side the reason lies . or what if the contendents themselves should yet , in some degree , have left the very pinch of the point betwixt them ? for it is not the bare citing of a piece of scripture , or a record , that does the business ; but the fair expounding , and applying of it , with a due regard to the context of times , persons , interests , occasions , and other circumstances . there is a great difference betwixt the counsels of factious times , and of peaceable ; of vsurpers , and of lawful princes ; the concessions of kings in a moral state of liberty , and of kings under a kind of duresse . we should , in fine , distinguish betwixt the sacred , and inviolable resolutions , that are founded upon equity , and the common good , and those temporary shifts , which are only invented to serve a present turn of state. was there ever any sedition that did not recommend , and support it self upon some pretext of law and president ? was there ever any heresie , or schism , that did not advance it self under the countenance of some text ? and yet heaven forbid , that we should think ever the worse , either of the word of god , or of the law of the land , for being made use of as a cloak to so much wickedness . he that has a mind to destroy the discipline , the order , or the very doctrine of the church of england , shall quote ye twenty texts for 't ; and as many presidents , ( if there shall be occasion ) for diverting , or cutting off the succession ; nay for deposing the king himself , and changing the very form of the government . this is no more then what has been actually done in the memory of man. 't is a hard matter to imagine a new case : so that let the instance be what it will , it is but looking back into former ages , to match it ; where you shall be sure to find choice of presidents ready made to your hand ( like cloaths in a wholesale shop ) of all sizes , and colours . wherefore we should have a care , methinks , of dealing in perverted texts , and presidents . the devil himself fishes with these baits ; and ( as some body says ) the rabble swallow them whole , without either examining , or dreaming of the danger , till they feel the hook in their guts . or , if i may change my metaphor ; the common people are caught just as we catch larks ; 't is but setting up a fiue thing for a wonderment , they all flock to 't as far as they can see it , and never leave flickering about it , till the fowler has them in the net. a pomp of words , and colours , to the multitude ; is but the casting of the sun in their eyes from a looking-glass ; the more they look at it , the less able are they to discern what the matter is : and the great mischief is this ; they never take themselves to be so clear-sighted , as in those cases wherein they are stark-blind . they are akin to what d' ye call him 's monsters ; their eyes are in their breasts , and their brains in their bellies : and therefore whoever would make an interest with the vulgar , applies himself not to their vnderstandings , but to their passions , and appetites . he comes with absolons exclamation in his mouth , oh! that i were made a iudg in the land ! which seldom fails of being the prologue to some approching tragedy . but let me try now , if i can find my way back again . there is an assertion laid down , that all the human acts , and powers in the world , cannot hinder the descent of the crown upon the next heir of the bloud . this position , the assertor undertakes to make good by scripture , law , history , and reason . and his opponents , on the other side , undertake , upon the very same authorities , to overthrow it ; and i find a very extraordinary pen engag'd in the controversie : we shall enquire , first , how this question came at this time , to be set a foot ; and then , into the quality of the question it self . there was a bill brought into the house of commons , in may last ; ( which was twice read ) for disabling his royal highness to inherit this imperial crown , because of his departure from vs to the romish communion . the matter going no further , and that parliament being soon after dissolv'd ; there came forth , in print , a pretended copy of that bill ; which was publish'd by a person ( if a mans affections may be judg'd by his practices ) that has as little kindness for his majesty , as for his royal brother ; and not one jot more for the church of england , then for that of rome : of both which aversions , there are instances more then enow : beside that in the very same pamphlet , he carries an inference , from the case of foreclosing the duke , to the same right of removing the king himself ; in case of disability ( as he says ) to do the kingdom any good. so that instead of pursuing the seeming ends of the said bill ; that is to say , the preservation of his majesty , and the protestant religion , by this act of exclusion ; he very fairly , and for brevity sake , sweeps all together . by the character of the first publisher , we may imagine the intent of that publication : and it is further to be noted , that the anti-ducal party were the aggressors ; and it would have lookt like a yielding of the cause , to have let the subject fall without a reply . so that the blame ( if any shall arise from this matter ) must be laid at his door that mov'd the question : which question is briefly this. whether the parliament of england , may by the laws of england , exclude the next heir of the bloud from succession to the crown . some are of opinion for it , others against it . but the legality , or illegality of such an act , is a point that i am not willing to meddle with , either one way , or other . for whether the thing may lawfully be done , or not , there may be danger yet , and inconvenience , in the putting of the question , so that , in the order of reasoning , it should be first agreed , that this is a fit question to be put , before we joyn issue upon the merits of the main cause . for my own part , i think it had been much better let alone ; and that out of divers respects , in their due places to be consider'd . first , as to the question it self ; it is a ticklish point , to say , what a king of great britain , with his two houses of parliament , either can , or cannot lawfully do : when perhaps it would puzzle the three inns of court , to state , and determine the very priviledges of the single house of commons . secondly , i do not know how far private men may be allow'd to pronounce upon the power of that government , to which they are born subject . thirdly , this particular case renders the undertaking more invidious , and dangerous : the king , 't is true , calls the house of commons to consult , and advise de arduis regui ; ( of which ardua that now in hand is undoubtedly the chief ) but i cannot yet learn that the soluta multitudo were ever joyn'd with their representatives in the commission . fourthly , what can be more hazardous , then the probable effects of this dispute ? it splits the people directly into two parties ; one of which is certainly in the wrong : and the publick peace endanger'd upon the division . beside that the people being made iudges of a case , that they do not one jot vnderstand ; it looks as if they were not call'd upon , so much for their opinion , as for their help . the publishing manifesto's of this kind is not so much the stating of a case , as the pre-engaging of an interest ; for it is not a rush matter , to the multitude , whether the thing be lawful , or not , according to the law of the land : let but them be once possess'd , that it is reasonable , and for the common good , ( thô in truth , never so inconvenient , and vnreasonable ) the old story of self-preservation , and kings being constituted for the good of the people , ( in their mistaken sense ) will make it lawful . and when it comes to that once , the government is lost. a popular error , upon the matter here in debate , must necessarily draw after it a train of dismal consequences : as distraction of thought , in the bus'ness of conscience , and duty ; an aversion to their superiors ; irreverence to the laws , and a spirit of opposition to all publick acts of civil administration ; if not an vsurpation of the power it self . and all this is no more , then to pass a sentence in a case where we our selves have given 'em the chair . the very exprosing of the question , is a kind of reference ; as who should say , gentlemen , can the parliament disinherit the duke or not ? and this they take for an authority , to proceed upon , to an arbitration . now , on the other side , i cannot find so much as one colourable pretence of advantage , by the broaching of this dispute , to countervail all these mischiefs . it is a great matter , you 'l say , the clearing of a truth ; especially of a truth so necessary to be known ; that the safety and well being of every particular man ; the preservation of our king , kingdom , and religion , depends upon the people's understanding this matter aright . if either this suggestion be not put home , or that the matter here suggested can be made good , i shall submit my self to be better instructed in it . first , as to the clearing of the truth ; — magno iudice se quisque tuetur . the very question is a moot-point . one probable is set up against another ; and the learned themselves are divided upon 't . there are presidents produced on both sides ; and objections also on both sides to those presidents . and in short , it must be the work of a casuist , as well as of a common lawyer , to decide this controversie . how shall the common people come to distinguish between the right , and the wrong ; where the doctors themselves differ ? or how is it possible , to make any thing clear , to those that want capacities to vnderstand it ? how shall they come to separate matter of fact , from right ? to know what presidents are warrantable , or what cases parallel , and what not ; without any sort of acquaintance , either with law , or history ; with the intrigues of parties and factions ; or the secret ressorts of state ? if it be said that these books are written only for such as are competent judges of the subject they treat of ; my answer is , that it were well enough , if they could be kept from falling into other hands . but lying open , indifferently , to all , it is to be fear'd that the argument does more hurt where it is not throughly understood ; then good , where it is . and there is this further to be said ; that in all cases of appeal to the people , whether they vnderstand them , or not , they never fall of siding with those propositions , that promise liberty , to the subject , and fetter the government . so that their partiality , in one case , is as bad as their ignorance , in another . if it be agreed , that a man cannot be the better for any thing that he does not vnderstand ; ( or at least , so far as he does not understand it ) and that not one man of a thousand understands the stress of the point here in issue ; the pretence of clearing the truth falls to the ground : or however , there is not one man of a thousand the better for 't . but now on the other side ; let us suppose the people so wise , that every man that reads the case sees through it . this might serve to set some people right , and to confirm others . but right ? in what ? in the critical explication of a riddle of state : which would serve us just to as much purpose , as the knack of solving other common riddles . it would make us , ( as many other curiosities do ) only a little more learnedly , and vnprofitably troublesom . it is not the common peoples province , to dive into the arcana imperii ; and it is as little , either their duty , or their interest , to intermeddle in the mysteries of government . as the vniverse it self is compacted into one body , by the orderly disposition , and contiguity of parts : so is every political society also bound up in one community , by a regular distribution , and subordination of degrees , offices , and functions . and is not all this , the work and dictate of the same almighty providence ? he that made the world , appointed the order of it ; and assigned to every part , its proper place , and station . but to proceed now , upon the admittance of a supposition , that the subject matter of this dispute is competently vnderstood . 't is as broad as 't is long , take it which way ye please : and the very same thing , to the people , whether it goes for the duke , or against him . if they find that a parliament cannot disinherit him , they are but where they were before ; unless they should impose it upon the government by force . and what , on the other side , if the parliament may legally do it ? may they not as legally yet refuse it ? so that the people are ty'd up this way , as well as the other ; without any manner of benefit , beyond the bare knowledg whether the thing may be done , or not . if the parliament will , they may ; and if they will not , they may let it alone . but it many times falls out , that overtures of this nature serve rather as a temptation to the doing of some thing at a venture , then a simple , and candid deliberation , whether a thing may be lawfully done , or no. or what if this thing may lawfully be done ? we are never the nearer yet : if his majesty has not as well the will to do it , as the power : and it seems more reasonable to believe that he has not , then otherwise ; having so expresly declared his mind to the two houses of parliament against it , in his most gracious speech of may last , in the words following . i am as ready to join with you in all the ways , and means , that may establish as firm a security of the protestant religion , as your own hearts can wish ; and this not only during my time , ( of which i am sure you have no fear ) but in all future ages , even to the end of the world : and therefore am come to assure you , that what reasonable bills you shall present , to be pass'd into laws , to make you safe in the reign of any successor ( so as they tend not to impeach the right of succession , nor the descent of the crown in the true line ; and so as they restrain not the iust right of any protestant successour : ) shall find from me a ready concurrence . and i desire you to think of some more effectual means for the conviction of popish recusants , and to expedite your counsels as fast as you can , that the world may see our vnanimity ; and that i may have the opportunity of shewing you how ready i am to do any thing , that may give content and satisfaction to such loyal , and dutiful subjects . now if so it be that the very question it self , ( thô handled with all the simplicity of thought imaginable ) carries along with it so many difficulties , and inconveniences ; and without any benefit at all to the publick ; as is already set forth : what shall we say if upon a fair , and temperate examination of the arguments employ'd for the support of this disinheriting proposition , it shall appear , upon evident reason , and a natural deduction of consequences , that , whether the duke stands , or falls , the meer ventilation of the question opens a gap to let in all those calamities upon us , by unavoidable inferences , which we propound to avoid by a preventional exclusion ? to say nothing either of the boldness of the argument , from a private pen , or of the opposition of a subject to the solemn , and declared will of his sovereign : and that declaration too , recommended to us by a previous grant of the thing in the whole world which we would be thought to set the highest value upon , the security of the protestant religion by all ways imaginable , to this , and to future ages . truly the trumping up of this question , has an ill visage any way ; but the doing of it directly against his majesties will , made known with his own lips to the contrary ; this makes it look a great deal more suspicious . for to what end is it to put our selves in a sweat , upon a question , whether or no the king may lawfully do such a particular thing ; when he has told us before-hand , that he will not do it ; and the thing cannot be done , without him ? and the other way , it looks worse ; and carries such an innuendo along with it , as who should say : look ye , my masters ; here 's a thing the government may do if they please ; and it is absolutely necessary to be done : but if they will not ; — and so forth . there 's no managing of this discourse , without making frequent mention of his royal highnesses quality , and title ; and yet ( saving my duty to him in all his capacities ) i shall keep my self in these papers , upon a punctual noutrality , as to his pretensions : my bus'ness being only to acquit my self , in what i ow to my religion , my prince , and my country , where i find any of these sacred interests concern'd . as for instance ; where any contemptuous reflections are past upon the person of the duke , his majesty himself becomes a sufferer , through the indignities that are cast upon his brother . or where the same argument , that is levell'd at the duke , strikes the king too and the government . in these cases i reckon my self to be at liberty . the motives , or inducements to this project of exclusion , together with the very form it self ; are set forth in the pamphlet abovementioned , under the title of a copy of the bill concerning the duke of york , viz. that james duke of york , albany , and ulster , having departed openly from the church of england , and having publickly prosest , and own'd the popish ligion , which hath notoriously given birth , and life to the most damnable , and hellish plot , ( by the most gracious providence of god lately brought to light ) shall be excluded , and disabled , and is hereby excluded , and disabled , for ever , from possessing , having , holding , inheriting , or enjoying the imperial crowns and governments of this realm , and these kingdoms ; and of all territories , countries , and dominions , now , or which shall hereafter be , under his majesties subjection ; and of , and from all titles , rights , prerogatives , and revenues with the said crowns , now , or hereafter , to be enjoy'd : and that upon the demise , or death of his majesty , without heirs of his body ( whom god long preserve ) the crowns , and governments of these kingdoms , and all territories , countries , and dominions now , or which shall hereafter be , under his majesties subjection , with all the rights , prerogatives , and revenues , therewith of right enjoy'd , and to be enjoy'd , shall devolve , and come upon such person who shall be next lawful heir of the same ; and who shall have always been truely , and professedly , of the protestant religion now established by law within this kingdom ; as if the said duke of york were actually dead , &c. here is first , to be consider'd , the ground of this exclusion ; and then , the extent of it . the ground of it is said to be the dukes departure from the church of england , to the romish religion ; as that which notoriously gave birth , and life to the plot . now dr. tonge , that knows better , tells us , that this is no new plot ; but an old one , continu'd : and dr. oates , most expresly , in the twenty third paragraph of his narrative , informs us , that the english fathers of st. omers , writing to thomas whitebread , and other fathers here ; pray'd them to prosecute their design of taking away the king ; and if his royal highness should not comply with them , to dispatch him too : for they did fear , that not any of the stuarts were men for effecting their purposes . and in this letter . instructions were given to the fathers , to feel how his royal highness stood affected . in the paragraph following , the said fathers render this account to the aforesaid letter , that they had found , that althô the duke was a good catholick , yet he had a tender affection to the king ; and would scarcely be engaged in that concern ; and if they should once intimate their designs , and purposes unto him , they might not only be frustrated of their design , but also might lose his favour . which letter the deponent saw , and read in the month of february . and dr. oates moreover , gives this evidence against the conspirators , upon the tryals of ireland , pickering , and grove ; fol. . of the said tryal : that they did intend to dispose of the duke too , in case he did not appear vigorous in promoting of the catholick religion . and this is not all neither : for the doctor aforesaid , in the appendix to this narrative , under the head of the general design of the pope , society of iesus , and their confederates in this plot , subjoyns this further testimony , fol. . that in case the duke of york will not accept these crowns , as forfeited by his brother unto the pope ; as of his gift ; and settle such prelates , and dignitaries in the church , and such officers in commands , and places , civil , naval , military , as he hath commissioned ; ( as above ) extirpate the protestant religion , and in order thereunto , ex post facto , consent to the assassination of the king his brother , massacre of his protestant subjects ; firing of his towns , &c. by pardoning the assassins , murtherers , and incendiaries ; that then , he be also poyson'd , or destroy'd , after they have for some time abused his name and title to strengthen the plot , &c. proceeding in the same page more particularly , that the royal family of the stuarts , are condemn'd to be cut off , root and branch ; and namely the king , duke of york , and prince of aurange ; because that family hath not answer'd their expectations ; nor have they any hopes that any of them will comply with this their bloudy design , when full discover'd to them . and fol. . as to the duke of york ; notwithstanding they acknowledg his sincerity , and affection to their religion , and to the society ; and his demonstration thereof , by his taking bedingfield ( a iesuit ) for his confessour ; they design to dispose of him as is abovesaid . how could the dukes change of religion now , give birth to a plot that was in agitation , before that change ? and so for his giving life to 't ; we have proofs here of the clear contrary , under the hand and oath of the prime , and eminent discoverer of the plot it self . here are first , instructions from st. omers hither , for the feeling of the dukes pulse ; and secondly ; it appears by the return to those instructions , that they durst not give his royal highness the least hint of the design . beside , that in despair of the dukes complyance , they had mark'd out his r. h. for slaughter , as well as his majesty . a new , and unheard of way , certainly , of giving life to a plot , for a prince to run the risque of being assassinated himself , for fear he should disappoint it . this calumny of state being removed , that of religion , i suppose , will not bear so much weight , as bordering too near upon a doctrine , which all true protestants do , with one voice , condemn . as to the extent of this imaginary exclusion , we may take a computation of it , partly from the frame of this pretended bill , and partly from a view of the consequences that attend it : for upon the naked sight of the bill , one would think that the dukes case were the single point in question . but whosoever looks a little further , will find a snake in the grass ; and that more inconveniences may be grafted upon this president ; then the very contrivers of the project themselves were aware of , of which , by and by . for admitting the disinherison contended for , to be lawful ; it must be either simply so , upon a kind of omnipotent , and vnaccountable prerogative in government ; or conditionally so ; which needs no further explanation ; then to refer , to it s known , legal , visible , and intelligible limitations . but if it be lawful the former way ; it is lawful , without any respect to crimes of state ; opinions in religion ; personal defects , or inhabilities ; minorities ; families , or the like . and then the power may be as well transferr'd from one , to more , as from one to another ; for i do not know of any law , that permits the one , and prohibits the other . so that at this rate ; this hereditary government may be turn'd into an elective , into an aristocrasie , a democrasie , or into a medly of all these , at pleasure . and it is not to say , what ? do ye think that kings , or parliaments will be mad ? we have heard of parliamentum insanum , and read of princes that have been next door to it : and though we are safe enough at present , it is not impossible , but posterity may come to have more of them . wherefore it should be in state , as it is in play ; there should be some common rules agreed upon , to keep shufflers , in order , as well as fair gamesters . no government can stand , without a foundation ; and that foundation must be known too , and stable ; without running to the cabalistical notions of salus populi , and instinct . this is it , that preserves a nation in a due temperament of dominion , and subjection ; where every man knows his post in the government , and stands firm upon his own bottom . the foundations of government should be like those of the earth ; not to be moved : for otherwise , our lives , liberties , and estates , are but precarious , and at mercy . in a popular parliament , the crown goes to wrack , in a prerogative parliament , the people . we have seen , and felt , the one ; and there are those yet in being , that have heard of the other . and from the periods of these distempers we furnish our selves with presidents , ( as we have occasion ) either for tyranny , or sedition : as if the doing of an ill thing once , were an authority for the repeating of it . and from what root is it that all these disorders spring ; but the spinning of the thred too fine ; and resolving the plain and practical duties of government , and obedience , into mystery , and notion ; without shewing any state , or degree of men , what they are to trust to ? i do not speak in this place to the legality of things , but to the vtility of them ; and to evince , that it is possible for a thing to be lawful , and yet extremely inconvenient . suppose an act of parliament , to prohibit the making or importing of any sort of arms , or ammunition ; the authority would not at all excuse the consequence . and the consequence , in this matter , is the main import of the question , what good , or what ill , will probably ensue upon it , either the one way , or the other . but in our way to that disquisition , we should take notice that there are four points to be all clear'd , before we can reasonably expect his majesty should come to a resolution : that is to say ; . the lawfulness of the thing . . natural affection . . matter of conscience . and . reason of state. in the first case of the four the learned in the law may be consulted ; but in the other three the king himself is the only competent iudg. what if we should , for quiet-sake now , let the first point pass for granted , and suppose his majesty convinc'd of the legality of the act ? there is yet a brother ; a prince ; and a friend in the case : a person that has as frankly ventur'd his bloud , for his king , and his country , as the meanest subject in his majesties dominions . and there may be certain stimulations of honour , as well as impulses of natural affection . let but any generous subject make it his own case , and ask his own heart , what he himself would do under these circumstances ? and who knows further , but a scruple of conscience may fall in too with this tenderness of nature , upon the thought of depriving a legal heir , by so extraordinary a way , of his vndoubted birth-right ? if this should be the rub , there 's no getting over it . or if the way were clear thus far ; yet if his majesty should see any thing in the tendency of the proposition , either inconsistent with the dignity of his office , or with the peace , and security of his government , and people ; such reason of state would undoubtedly put a stop to any such bill . how far these reasons , or any of them , may prevail toward the preventing , or obstructing of this project ; we shall not presume to enquire . but as to the manner of promoting it , on the other side ; the quality , the force , and the consequences of their arguments ; there are many things to be noted in them that seem worthy of consideration . it is a strange thing , in the menage of this cause , where the honour , and safety of the king appears to be the main point in question : first , that men should be so quick-sighted , as to see things in their consequences so remote ; and yet , at the same time , so blind , as not to discern the affronts ; and indignities that are dayly offer'd to his majesties authority , nearer hand ; and the hazzards that more directly strike at his sacred person . my charity persuades me , that if some of them had taken notice of the dangerous practices hereby intended ; their loyalty would have render'd them as zealous , and officious the other way : for if a prince be destroy'd ; 't is the same case to every good subject , whether it be done by a phanatick or a iesuite . and then the honour they have for the king , in his family , as well as in himself , would have interpos'd , in the vindication of our sovereigns brother from the malice , and contempt that has been past by several pamphleteers upon the very person of his royal highness . 't is like they would have had the prudence too , not to have markt out unto the rabble , all the dissenters to this bill , as conspiraters , and the betrayors of their country , till they should have seen the result of this next parliament ; for fear they should find kings , lords , and commons under that character . this is not reasoning of the case , but downright setting the dogs at a man. there is no doubt in the world but many an honest man , and a welwisher to his prince and country stands well enough affected to this bill ; ( as many did in . to the pretensions then a foot ) but when they found that other people made ill use of their good meaning , and improv'd the countenance of reforming the government to a violent dissolution of it ; how many thousand instances might a body produce of an unprofitable , and late repentance , among those credulous and well-minded gentlemen ? and it is to be consider'd also , that their mistakes contributed no less to the ruin of the church , and state , then the malice of the most potent conspirators : nay more perhaps ; for the error of an honest man misleads other honest men by example , and gives a kind of authority to the wickedness . now thô this parallel does not run upon all four ; yet the cases jump exactly in this ; the same anti-monarchical principles which were the ground-work of that sedition , are now set a foot again in concurrence with the present proposition ; and supported also by some of the active promoters of it . so that let the design be never so innocent , or lawful in it self ; if it be yet made use of to introduce the old disloyal , and republican leaven ; it is much the case as if a man should set fire to his house , for fear of thieves . now whether the liberties of the press be so great , so foul , and so dangerous , or not , as i have represented them , it shall be seen in a few words , and left to the reader to judg of the intention of such desperate positions , and what may be the event of such bold beginnings , if not seasonably prevented . upon the publication of these papers i should be glad to find some of the fierce sticklers for the kings safety by the exclusion of the duke , as nimble , on the other side , for the honour , and safety of his majesty , in punishing the authors , and promoters of these libels . there are some irreverences toward the person of his royal highness which are not with decency to be recited , and which for other reasons i am willing to pass over ; contenting my self only with the modestest of a great many in the author of the plea to the dukes answers . consider his humours , ( says he ) so fierce , revengeful , and resolute : but i 'le say no more : who knows not how improper it is to make a woolf a shepherd ? nay he goes further yet : if the duke be a papist , ( as none deny him now ) he 's an heretick , as to , or from vs : and what shall we do ? not do by the papists , as they would by vs ? but what 's that ? he tells us three or four lines before ; that it is a maxim among papists , not only that the pope may at his pleasure depose kings , and dispose of crowns : but further , that the people may ever chuse a king , when he should else be an heretick , so that after the popes example of deposing protestant kings , we may depose popish . this is a nail home driven ; and yet for fear it should not hold , he has be bestow'd a rivet upon it . i hope he will allow a popish king to be an ill one ; and for that , he tells ye that when kings themselves be ill ones , god not only approves of their removal , but even himself does it . which is a most emphatical way of expounding his meaning : for not only ill dukes but kings ( i perceive ) themselves are as well to be remov'd , if they be ill ones . there 's another libel that takes the very same byass too ; he begins with the duke , and ends with the king : laying it down for a maxim , that the king may be remov'd for inhability to govern : and then for an vse of application , he gives us the late instance of portugal for a president . nay i have not found any man yet , so cautious upon this subject , but he has let fall somthing , tantamount ; and in truth the question does naturally lean that way . some tell us that the people are the source of government ; and that the last resort in all cases of principal import must be to them. whereas , first , there was a providential power , before any subject actually in being , for that power to exercise it self upon : secondly ; there is nothing more common , then for a people to convey away what right they have , beyond a power of revocation . and if a man desires to see the covenants ; the answer is , that the conditions are either exprest , or imply'd : which word imply'd serves to all turns and purposes imaginable . by a power imply'd , a protestant , as well as a popish successour may be disinherited : a king in possession , deposed , whether good , or bad. for who can set forth the terms and condition of an unknown , and an unbounded power . a government , we are told , cannot be suppos'd destitute of a power to preserve it self , in cases of manifest , and publick dangers . if we enquire where that power of preserving the government is plac'd ; the reply is this : that governours are set up for the good of the people ; and when they fail of doing their duty , the people may provide for themselves : that is to say , the people , by their representatives in parliament . but what if that representative , should prove false too ? the king was not pleas'd with the parliament of . nor the people with the late long parliament : what 's to be done next ; but only to go together by the ears about it , and when they have their bellies full , only shuffle the cards , and deal again . from these dark reserves of government , the point rises by degrees into cases of instance , and illustration . as in the case of lunacy , or vnfitness to govern ; of if a prince be really bent to alienate his kingdom . in these cases it is taken up for granted , that the people may depose and substitute another sovereign . but who shall judg now when such a case arrives ? if the people ; they judg for themselves ; and only take the government out of other hands , to put it into their own : what if they should say that this is the case where it is not ; or that it is not , where it is ? if the king do but keep a guard to preserve his person from an assassin ; or make a foreign alliance , upon the common terms of priviledg that all other crowned heads proceed upon ; he lies at the mercy of the people , if they shall think fit to interpret this to be a design upon an arbitrary power , or the alienation of his dominions ; and that he is consequently deposable . it carries a very ill face with it , that the two cases of disinheriting the duke , and deposing the king should be so unluckily coupled , that you shall very rarely find the one without the other : and little more then this difference betwixt them : that the one is to be done forthwith , and the other may be done ( when the people please ) at leisure . if ever this question should come to be taken up again ; i do verily believe that the house of commons will not thank the refiners upon the former bill , for charging the proposition with so many suspicious aggravations ; as for ought any body knows , may endanger the whole bus'ness . for these venerable patriots did only , out of an excess of zeal , intend the exclusion of the duke , without clogging the bill with any subsequent incumbrances , upon the crown . there are some qualifications , i know , that look as if they would be thought to stick to the single matter of the bill ; and distinguish betwixt an heir presumptive , and apparent , a king in posse , and in esse ; and fortifie themselves with authorities to warrant the proceeding . the duke is a subject , they say : and not properly an heir of the crown ; but only in possibility so to be . the unwary reader will imagine now , that the duke , being a subject , may be put by ; but that if the king were of the romish communion , they could not meddle with him. and yet , according to the propositions above-mentioned , his majesties case would be found no better than his brothers . and not only so neither , but the very saying that he is so , in construction , makes him so , even thô he should give up his life , as his father did , for the reformed profession . it is not to say that this is either impossible or vnlikely : for , first , the thing has been done already . that is to say , this popular power has been already laid down as a fundamental right in the people . secondly , that pretended power has been exerted in a formal charge , of popish , and tyrannical designs , upon a prince , the most innocent peradventure , in those two particulars , that ever liv'd . and thirdly , a sentence of death , past , and executed , upon that innocent person , in the name , and by the assumed authorities of the commons of england . so that this imagination is not a chimaera , but a true , and tragical history of a prince murther'd , even in our days , upon this foundation . and then for the probability of the same thing over again , now in agitation ; we have the writings of the very persons concern'd , in evidence against them , for notwithstanding their formalizing upon the lawfulness of the thing , in regard that his royal highness is but a subject ; they are now come up roundly to the point of opposing , and rejecting him , even supposing that he were their sovereign : and without the ceremony of an act of parliament in the case . the house of commons passed a vote upon may . last past , that if his majesty should come by any violent death ( which god forbid ) they would revenge it to the vtmost , on the papists : which vote they explain'd in their address of the , by saying that they would be ready to revenge upon the papists , any violence offer'd by them to his sacred majesty : by them t is said , because it might be understood otherwise , that an anabaptist might commit the crime , and a papist suffer for 't . this vote , and address , are printed both together in the same pamphlet ; and with a most dangerous prospect upon his majesties person : if malice on either hand should take place . for the edge of the reasoning is turned against it self ; while the one faction is provoked , and the other encouraged to the most execrable villanies imaginable . the libel here reflected upon , is called englands safety : and said in the title page to be published for information of all true protestants , that they may not be affraid , nor ashamed openly in parliament to act , and oppose any popish successour and his adherents from inheriting the crown of england , in case his majesties life ( which god forbid ) be taken from him . this preface was worded by somebody that knew well enough what he said ; and without dispute intended to be as good as his word . we shall not need to look any further for his meaning than to grammar , and common construction . the question was put , in case of the presumptive heir : and he has streyn'd the point already , and remov'd it to the successor and his adherents ; from the expectant to the occupant , from the duke , to the king ; and so premeditates , and encourages a rebellion , in the very body of his proposition : for his majesty that now is , must be dead , before the libellers device against the successour can take effect ; and king , and successour , in this case are all one . now upon this principle , there needs no more than to say , that any king is a papist , to depose him . nay admitting this power to be in the people ; acts of parliament are but matter of course ; and they may do the thing even as well , without giving any reason for 't ; upon the ground of their vnaccountable prerogative . it would be known too , what his meaning is by the parliament he speaks of , that is openly to oppose the successour . it cannot be understood of king , lords , and commons ; for the king is the party opposed , and excluded . and then i would as willingly learn what kind of opposition it is , that he intends . it must be an opposition , either of force , and violence , or an opposition in the way of argument , counsels , and debate . it cannot be the latter sure ; for what could be more ridiculous , then to expect that a prince should pass a bill for the deposal of himself . and if it be the other , we are e'en half-seas-over already , into a new rebellion . there is not such a monster in nature as a headless parliament : we have had the experience of it ; and without rubbing the old sore , or reciting the calamities it brought upon this nation ; i shall only say this ; i cannot bethink my self of any sort of oppression , either in religion , property , or freedom ; or of any one crying sin , in that impious , and seditious interval , that scap'd us . i could add several other instances , of the same complexion with those above recited ; which i shall forbear , partly out of respect , and in part to keep my self within compass . for i must not quit this subject without giving further evidence of a confederacy against the king and government ; like those that rob the house , under colour of helping to quench the fire ; and in the very instant of pretending to save the kingdom , they are laying their heads together how to destroy it : witness the most audacious libel ( perhaps ) that ever flew in the face of any government . it bears the title of a political catechism , concerning the power , and privileges of parliament ; taken , ( as pretended ) out of his majesties nineteen propositions of june . . with a construction , and application , much at the rate of the devils gloss upon the text to our saviour upon the pinacle of the temple . the compiler of this libel , makes his majesties answer to be , effectually , an admittance of the right , and reason of the propositions : and the publisher of it recommends the doctrine of . to the practice of . we 'l take a short view , first , of the quality of the propositions ; secondly , of the kings sense upon them : and after that of our catechists new model of government . the main scope of the propositions is this. all privy-councellors and ministers of state to be discharg'd ; and their places supply'd by direction , and approbation of both houses : and all to be vnder such an oath , as they shall agree upon . the great affairs of the nation to be transacted in parliament , and no publick act of the kings to be valid , unless subscribed by the major part of the councel . ( chosen ut supra . ) the number of the councel to be limited ; and all vacancies fill'd , by direction of parliament . all the great officers , and iudges to be so chosen : the militia acknowledg'd to be in the two houses ; and they likewise to have the approbation of the tutors and governors of the kings children ; and of those that attend them . all forts , and castles to be put into the hands of persons approv'd of by the two houses . the kings guards , and military forces to be discharg'd ( thô the rebellion was now begun . ) no peers created in time to come to sit and vote in parliament , without the consent of both houses , &c. there will need no other descant upon these propositions , ( being so gross in themselves ) but only the citing of some passages out of his late majesties answer , in reflection upon them . these demands ( says the late king ) are of that nature , that to grant them were in effect , at once , to depose both our self , and our posterity . these things being past ; we may be waited upon bare-headed ; we may have our hand kist ; the stile of majesty continu'd to vs ; and the kings authority declared by both houses of parliament , may be still the stile of your commands ; we may have swords and maces carry'd before vs ; and please our self with the sight of a crown , and scepter . ( and yet even these twigs would not long flourish when the stock upon which they grew are dead ) but as to true , and real power ; we should remain but the outside ; but the picture ; but the sign of a king , &c. and again , thô we shall always weigh the advices both of our great , and privy-councel , with the proportionable consideration due to them ; yet we shall also look upon their advices , as advices , not as commands , or impositions ; vpon them , as our counsellors , not as our tutors , and guardians ; and upon our self as their king , not as their pupil , or ward . pag. . and further pag. . we call god to witness , that as for our subjects sake these rights are vested in vs ; so for their sakes as well as for our own we are resolved not to quit them ; nor to subvert ( thô in a parliamentary way ) the antient , equal , happy , well-poised , and never enough commended constitution of this kingdom ; nor to make our self of a king of england , a duke of venice , and this of a kingdom a republick . moreover pag. . the common people , when they find that all was done by them , but not for them , will at last grow weary of journey-work , and set up for themselves ; call parity , and independence , liberty ; devouring the estate which had devoured the rest ; destroy all rights , and proprieties , all distinctions of families , and merit ; and by this means the splendid , and excellently-distinguish'd form of government , end in a dark , equal chaos of confusion , and the long line of our many noble ancestors , in a jack cade , or a wat tiler . after the mockery of the abovemention'd propositions , and the kings just and prophetical judgment made upon them ; we shall only add , that the ruin of the late king , was as certainly the intent of those vndutiful demands , as it was the effect of them in the execution of the powers claim'd thereby : and we may as reasonably conclude , that the same pretensions , now over again , are publish'd with the same ends ; and that the sufferance of this licence will naturally run into the same consequences . for the whole work of moving a rebellion is but , first , to possess the people with ill thoughts of the present administration ; ( which is done abundantly already in swarms of defamatory libels , which we meet with every day in the street ) secondly , to possess the people with false opinions , in the matter of government and duty ; which is the bus'ness of our political catechism : thirdly , to put those principles and thoughts in execution ; which is express'd by the drift of another pamphlet newly come out of the press ; entitled , an appeal from the country , to the city , of which we shall say somthing in course , taking only a taste by the way of our catechistical positions . if the king be regulated by the law ( say they ) then is the king accountable to the law , and not to god. only . pag. . the immediate original of the kings power was from the people : and if so ; then in questioned cases the king is to produce his grant , ( for he hath no more then what was granted ) and not the people to shew a reservation ; for all is presumed to be reserv'd , which cannot be prov'd to be granted away . vpon the late kings saying in his answer to the nineteen propositions , pag. . that the power legally placed in both houses is more then sufficient to prevent , and restrain the power of tyranny ; our politick catechizer infers , the two houses to be the legal iudges , when there is danger of tyranny : and to have legal power to command their iudgment to be obey'd , for prevention , as well as restraint of tyranny . and not only when arms are actually rais'd against them ; but when they discern , and accordingly declare a preparation made towards it . and that they have legal power in such times of danger , to put into safe hands , such forts , ports , magazines , ships , and power of the militia , as are intended , or likely to be intended to introduce a tyranny . and a legal power also to levy mony , arms , horse , and ammunitions upon the subjects , in such cases of danger even without , or against the kings consent . these are his positions in the very terms ; and the passing over of such indignities upon his majesties royal office , and the honour of the monarchy it self , without either punishment , or reproof ; looks like a tacite legitimation of the utmost violences upon his sacred person . and now consider the matchless malice , and absurdity of his inference . the king having thus expounded himself in the same page ; the house of commons ( an excellent conserver of liberty , but never intended for any share in government , or for the chusing of them that should govern ) is solely intrusted with the first propositions of raising monies , &c. and again the lords being trusted with a iudicatory power , are an excellent skreen , and bank between the prince and people . after this open , and audacious way of authorizing a commotion ; it is but natural for an incendiary to blow the coal , and to apply his clamour to the people , to bid them vp and be doing . and that 's the part our boute-feu-appellant has to play . but how does this scandalous pamphlet address it self to the city ; after so fresh , so loyal and so generous an instance from the whole body of it , of their scorn , and detestation of a seditious practice . why should a wat tyler expect better quarter from a lord mayor under charles the second , then he had from a lord mayor under richard the second ? nay that very rebellion of . is most injuriously charg'd upon the city of london ; for gourney , ricaut , garraway , and the most considerable of the citizens , were not only against it in their opinions , but oppos'd it to the utmost , with their estates , and persons . and that honourable city has not yet forgotten , either the calamities of the war ; or the methods and instruments which brought so great a reproch , and mischief upon the city . beside that it is as much their interest as their duty , and as much their inclination as either , to support the government . for by a war they must of necessity suffer doubly ; and not only in the loss , or abatement of their trade ; but in the deep proportion of their taxes to the charge of the war. this scribler i perceive , has read hodge upon the monument ; and writing after that copy follows the same phansie ; of the citizens looking about them from the top of the pyramid . first , says he , imagine you see the whole town in a flame occasioned this second time by the same popish malice which set it on fire before . at the same instant phansie that among the distracted croud you behold troops of papists ravishing your wives and daughters ; dashing your little childrens brains out against the walls , plundering your houses , and cutting your own throats by the name of heretick dogs . then represent to your selves the tower playing off its canon , and battering down your houses about your ears . also casting your eye toward smithfield , imagine you see your father , or your mother , and some of your nearest and dearest relations ty'd to a stake , in the midst of flames ; when with hands and eyes lifted up to heaven they skream , and cry out to that god for whose cause they die ; which was a frequent spectacle the last time popery reign'd among us . phansie you behold those beautiful churches erected for the true worship of god , abused and turn'd into idolatrous temples to the dishonor of christ , and scandal of religion . the ministers of gods holy word torn in pieces before your eyes ; and their very best friends not daring to speak in their behalf ; your trading's bad , and in a manner lost already ; but then the only commodity will be fire and sword : the only object ; women running with their hair about their ears ; men cover'd with blood , &c. now to match this dismal prospect of imaginary calamities to come , we shall mind this man of frightful apprehensions , with a brief summary of what this nation has really suffer'd in fact , and brought upon it self , by giving credit to such stories as these , without any other effect . see his majesties declaration of aug. . . collect. pag. . one day the tower of london is in danger to be taken ; and information given that great multitudes , at least a hundred , had that day resorted to visit a priest , then a prisoner there by order of the lords : and that about the time of the information , about fifty or sixty were then there ; and a warder dispatcht of purpose to give that notice : vpon inquiry , but four persons were then found to be there , and but eight all that day , who had visited the priest. another day a taylor in a ditch over-hears two passengers to plot the death of mr. pym , and of many other members of both houses . then libellous letters found in the streets , without names . ( probably contrived by themselves ; and by their power , published , printed , and enter'd in their iournals ) and intimations given of the papists training under ground , and of notable provision of ammunition in houses ; where , upon examination , a single sword , and a bow and arrows are found . a design of the inhabitants of covent-garden to murther the city of london . news from france , italy , spain , denmark , of armies ready to come for england . and again , pag. . they cause discourses to be published , and infusions to be made of incredible dangers to the city and kingdom , by that our coming to the house : ( in the case of the five members ) an alarum was given to the city in the dead time of the night , that we were coming with horse and foot thither , and thereupon the whole city put in arms : and howsoever the envy seem'd to be cast upon the designs of the papists , mention was only made of actions of our own . upon a fair understanding of the whole , this supposition of his is no more then the counterpart of the old story : and the declamatory dangers that he foresees in vision , were outdone by those sensible cruelties and oppressions that this poor kingdom suffered in very deed . and now to bear him company in his phansy , we shall give you a truth for his imagination . first imagine the whole nation in a flame , and brought to the extremities of fire and sword by the malice of the same faction that embroyl'd us before ; and at the same instant , phansy whole droues of coblers , draymen , ostlers , quartering upon your wives and daughters , till ye want bread to put in your childrens mouths ; ( which was the very case ) your apprentices discharg'd of their indentures by ordinances ; your houses rifled ; your accompt-books examin'd ; servants corrupted to betray their masters ; your persons sent on ship-board , transported , or thrown into nasty dungeons ; or in mercy , perhaps your throats cut , by the name of popish dogs , and cavaliers . and all this only for refusing to renounce god and your soveraign . then represent to your selves the thimble-maker , once again lieutenant of the tower ; your citizens clap up , orders for the demolishing of your gates and chains ; and nothing less than military execution threatned ye , unless you will redeem your selves with l. a mouth contribution , toward the perpetuating of your slavery . then cast your eye toward cheapside , corn-hill , charing-cross , pallace-yard , tower-hill , nay , white-hall it self ; and there imagine your father , your brother , your citizens , the nobility , gentry ; nay , the king himself , and his best friends and ministers under the hand of the common executioner ; appealing to god , for whose cause they dy'd . which was a frequent spectacle , when the king reign'd no longer among you . phansie again that you behold those beautiful churches erected for the true worship of god , abused and turned into stables , and the pulpits into iugling boxes , to hocus your wives and your daughters , out of their bodkins and thimbles : and there to hear nothing but heresie and sedition , to the dishonour of christ , and scandal of religion . phansie the ministers of gods holy word cast out of their livings by hundreds , and with their wives and children expos'd to the wide world to beg their bread. your women running with their hair about their ears , one half to the works like pioneers , the other dancing attendance at some merciless committee to put in bayl for a malignant child , or husband ; men cover'd with blood , lost limbs , and mangled bodies , with horrors of conscience over and above . if it be true , that these and forty times more cruelties were committed : and that the people were frighted into these precipices only by shadows : if it be true again , that those glorious pretenders when they had the king and his papists ( as they call'd his most orthodox friends ) under foot ; that these people , i say , never lookt further after religion ; but fell presently to the sharing of the church and crown revenues among themselves , it will concern every sober man to look well about him , and to make use of his reason , as well as of his faith , for these fore-boders seldom croak but before a storm . this subject has carry'd me too far already , but i shall be shorter in what follows . after his affected image of the tyranny and desolation that is breaking in upon us , he does as good as nothing , without working up the peoples horror and astonishment upon those apprehensions , into a direct rage and desperation . and this he endeavours to bring about by undertaking so positively for his majesties murther , as if he himself were of the conspiracy : very peremptorily issuing out his orders to the city to be ready with their arms at an hours warning . the first hour ( says he ) wherein ye hear of the kings untimely end , let no other noise be heard among you , but that of arm , arm ; to revenge your soveraigns death , both upon his murtherers and their whole party ; for that there 's no such thing as an english papist , who is not in the plot , at least in his good wishes . let not fear of losing part by your action make you lose the whole by your patience . pag. . and then , pag. . he points them out the very general to lead them ; a respect which neither the city , nor the illustrious person himself , will thank him for , upon so disorderly an occasion : enforcing his proposition with this inducement , that he who hath the worst title ever makes the best king. which is no complement at all to his majesty himself ; for an usurper , it seems , would be better for his turn . so that without any if 's or and 's the thing is given for granted ; and upon this instigation , the least rumour in the world , that way , puts the people upon a general massacre ; as the bare report lately of the french appearing before the isle of purbeck , had like to have done in several places . and then to the same purpose , pag. . they will vigorously , and speedily attempt the kings ruine , unless he suddenly prevent it , by adhering to his parliament , and ruining them first . whether this be the way to expose the life of his most sacred majesty , or to preserve it , let the world judg : and of the irreverence of handling so tender a point at this course rate . nay , he does not only pronounce upon the thoughts and purposes of men , but upon the most secret appointment of god himself . when god designs the destruction of a king , or people , ( says he ) pag. . he makes them deaf to all discoveries . this observation of his , i 'm affraid is more to the purpose then he was aware of : for there are discoveries of several sorts , that are evident enough , and yet not much taken notice of . to say nothing of the censures he passes upon the kings actions , and publick resolutions of state : only i wonder who made this man a judg in israel . he quarrels his majesty , pag. . for prorogations , and dissolutions of parliaments . and pag. . upon another point . pag. . he pre-judges the parliament , as if they would give his majesty no supplies , unless he takes off the heads of the popish faction , exclude the successlon , and consent to such laws , as must of necessity ruin them . in his th page , he shews himself so good an english-man , that he professes , he would rather be under a french conqueror then under the duke , as successor . and he goes so far too toward the dislike of the government it self , that he says , no government but monarchy can in england , ever support , or favour popery , p. . he tells the city , pag. . that their enemies are young beggerly officers , courtiers , over-hot church-men and papists , and charges the three first with lessening the plot ; and resembling the times to . now how is it possible , but the positions of . should put us in mind of the rebellion of ? he begins his th page thus . after the catholicks had thus brought the fathers head to the block , and sent the young princes into exile , &c. now to give the devil his due , i cannot find so much as one papist in the whole list of regicides . he has , i confess , one admirable fetch to prove his r. h. dangerous to his majesty , because he is both a friend , and a brother , pag. . as if the king were safer in the hands of his enemies , then of his friends . if his meaning be , that they are more dangerous in regard of confidence , and opportunities ; there is no fence against that danger , but utterly to cast off all the bonds , and dictates , of society , and good nature . we must contract no friendships , and trust no relations for fear they should out our throats . how much more wretched then beasts has our appealer made us at this rate , by poysoning the very fountain of human comforts ▪ though i have drawn out this pamphlet already further then i intended ▪ i must not close it yet without one general observation upon the people we have to deal with in this controversie . calumny and imposture have ever been the two main pillars of their cause ; and if they can but wheedle the vulgar , on the one hand , and defame the friends of the government , on the other , their business is done . there scarce passes a day without a libel against both church and state ; without either provocation , or punishment : which both shews their malice , and confirms them in their insolence . there is nothing so odious , and so ridiculous together , as betwixt droll , and sophisme , these people represent the publick management of affairs . and who can blame the multitude now , under these circumstances of licence , and delusion , if they either forget , or depart from their duties ? is there not law , and power sufficient for the preventing , or suppressing these indignities ? or is it a thing not worth the taking notice of ? for his majesty to be told every day , in a pamphlet , at his palace-gate , that his ministers are traytors and conspirators ; his courtiers a pack of knaves , and he himself but upon his good behaviour to his own subjects ? will it end here ? did it end here ? but whence is it that all this venom and confidence proceeds ? the former is only a fermentation of the old leaven ( for we have our iesuits too ) the papal iesuite is an enemy to heretical kings , and the protestant iesuite will have no kings at all , and then for their confidence , they have both impunity ▪ and encouragement : the former proves it self ; and i shall now conclude with a word or two concerning the other . the bringing of this devilish plot upon the stage , has struck all men of piety , loyalty , and love to their country , with amazement , and horror . the murther of a prince , the subversion of our government , and religion ; what can be more exercrable ? the thought of so diabolical a practice has justly transported the people to the highest degree of rage against it , imaginable : and it is a meritorious , and a laudable zeal too , so long as it contains it self within the bounds of law , and duty : while the king , council and parliament are , in the mean time , sifting , and examining the design , and doing justice upon the offenders . now there are a sort of men , that under the countenance of this plot advance another of their own , and 't is but the rubbing of a libel with a little anti-popery , to give it the popular smack ; and any thing else against the government goes down current . if a man writes , or speaks , or reasons against them , he is presently a favourer of the papists , a lessener of the plot , and run down with nonsence , and clamor . a person of untainted honour and integrity , puts in for a parliament-man ; 't is but any little fellows taking advantage of the humour of the people , and billing of him for having some papist to his kinsman , perhaps , or visiting some lord in the tower ; or under the common scandal of a courtier , or a pensioner , and he 's gone to all intents and purposes . this is the character they give to every man that loves the king , the church , or the law. they serve them as nero did the christians ; they put them into bears-skins ; that is to say , they call them papists , pensioners , conspirators , and then deliver them up to be worry'd by the rabble . shall we never distinguish between indubitable truths , and transparent falshoods ? betwixt words and deeds , that stand in a direct opposition , the one to the other ? what priviledg has a phanatick to blow up a government , more than a iesuite ? it must be confest , however , that he is the braver enemy of the two , for he scorns to sneak to the execution of his exploit with a dark lanthorn ; and to take advantage of authority by surprize ; but arraigns princes , and puts them to death in the face of the sun ; and at this instant , charges the church openly with idolatry , superstition and oppression ; the state with tyranny ; and the law it self , with error and insufficiency . his first work is to accuse his superiors of mis-government : and then he tells the people ; next , that in case of mis-government they may resume their power . and what 's all this to the plot ? the end . notes, typically marginal, from the original text notes for div a -e the dukes succession the common subject of the press . law , and scripture pretended on both sides . texts , and presidents may be misapplyed . heresie , and sedition , pretend texts , and presidents . texts and presidents to all purposes . have a care of perverted authorities . the dispute , pro , and con. how the question came to be set a foot. the king removed by consequence . who were the aggressours . the case put. a preposterous question . reasons why the question ought not to have been put. the people incompetent judges of the case . an error of dangerous consequence . great mischief , and no benefit by the question . the dispute justified . the question a moot-point . not one of a thousand understands the point . or what if the people did understand it ? an unprofitable question . his majesties speech . it is a question of dangerous consequences . the king wounded through the duke . the motives to the bill of exclusion . the excluding clause of the pretended bill . the ground and extent of this exclusion . the duke gave neither birth nor life to the plot. proved by dr. oates . they durst not trust the duke with the knowledg of any design . the duke to be dispatched too . dr. oats his narrative fol. . the duke to be poyson'd , or destroy'd . no hopes of the dukes compliance . the duke clear'd by dr. oates . security to his religion . the extent of this exclusion . suppose the disinherison . lawful . the danger of absolute , and unknown power . a necessity of some known fundamentals . a thing may be lawful and yet inconvenient . four obstacles to be removed , before the king pass the bill . no notice taken of libels against his majesty , and his government . a well meaning mistake as dangerous as a malicious one . the old cause reviv'd . scandalous reflections upon his royal highness . seditious positions . the kings case , and the dukes are unluckily coupled . the king no safer , then the duke . the dangerous consequences of placing the power in the people . the commons vote . the question changed , from heir , to successour . a desperate consequence . the political catechism . the scope of the ninteen propositions . husbands collections pag. . the kings ruin was and is design'd . seditious positions . a malitious inference . a scandalous address to the city . mr. walworth . the city of london has been always loyal . hodge upon the monument . the libeller sets up for an oratour . the old story . truth for his vision . we should do well to look about us . he gives the kings murther for granted . one plot under another . die sabbathi . decembris, . it is ordered by the lords in parliament assembled, that the city printer shall print and publish the two petitions presented to the house this day ... / john browne cler. parliamentorum. england and wales. parliament. house of lords. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalogtextual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : c) die sabbathi . decembris, . it is ordered by the lords in parliament assembled, that the city printer shall print and publish the two petitions presented to the house this day ... / john browne cler. parliamentorum. england and wales. parliament. house of lords. browne, john, ca. - . sheet ([ ] p.). s.n., [london : ] not found in wing. reproduction of original in the sutro library. with: an ordinance of the lords and commons assembled in parliament: for bringing in of the arrears for the garrisons of the easterne association. die jovis decemb. . london : printed for iohn wright ..., -- die jovis, . julii, . eng humble petition of the lord major, aldermen, and commons of the city of london, in common-councell assembled. humble representation of the pressing greivances [sic], and important desires of the well-affected freemen, and covenant-engaged citizens, of the city of london. great britain -- politics and government -- - . london (england) -- history -- th century. broadsides -- england -- th century. a r civilwar no die sabbathi . decembris, .: it is ordered by the lords in parliament assembled, that the city printer shall print and publish the tw england and wales. parliament a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion die sabbathi . decembris , . it is ordered by the lords in parliament assembled , that the city printer shall print and publish the two petitions presented to this house this day ; the one intituled , the humble petition of the lord major , aldermen , and commons of the city of london , in common-councell assembled ; and the other intituled , an humble representation of the pressing greivances , and important desires of the well-affected freemen , and covenant-engaged citizens , of the city of london ; and the answer of the lords in parliament made this day unto them both . john browne cler. parliamentorum . the high court of justice. or cromwells new slaughter-house in england with the authoritie that constituted and ordained it, arraigned, convicted, and condemned; for usurpation, treason, tyrannie, theft, and murder. being the iii. part of the historie of independencie: written by the same author. high court of justice walker, clement, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing w d). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing w d estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the high court of justice. or cromwells new slaughter-house in england with the authoritie that constituted and ordained it, arraigned, convicted, and condemned; for usurpation, treason, tyrannie, theft, and murder. being the iii. part of the historie of independencie: written by the same author. high court of justice walker, clement, - . andrews, eusebius, d. . , [ ] p. s.n.], [london : printed anno dom. . by clement walker. includes answers of eusebius andrews to the high court of justice, (h r-i r). copy filmed has print show-through. reproduction of the original in the harvard university library. eng great britain -- politics and government -- - -- early works to . a r (wing w d). civilwar no the high court of justice. or cromwells new slaughter-house in england. with the authoritie that constituted and ordained it, arraigned, con walker, clement b the rate of defects per , words puts this text in the b category of texts with fewer than defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - judith siefring sampled and proofread - judith siefring text and markup reviewed and edited - pfs batch review (qc) and xml conversion the high covrt of justice . or cromwells new slaughter-house in england . with the authoritie that constituted and ordained it , arraigned , convicted , and condemned ; for usurpation , treason , tyrannie , theft , and murder . being the iii. part of the historie of independencie : written by the same author . printed anno dom. . the history of independencie . that every thing is kept and maintained by the same wayes and means it was got and obtained ; is a rule true both in philosophy and policy . and therefore dominion gotten by fraud and force , must by fraud and force be preserved . things impiously got , must be impiously kept . when usurped tiranny layes its foundation in bloud , the whole superstruction must be built with morter tempered with bloud . one sin must defend and make good another . and hence ariseth a necessity upon ambitious men to flanck and fortify one crime with another . but to pleade this necessity , which they have so willfully drawne upon themselves , in justification of their wicked courses , to expect submission , obedience and an equall engagement from men uninterressed therein , and to intitle the divine providence and unrevealed will of god thereto ( in opposition to his will revealed and declared in the scriptures , as is now a dayes used ) is to accuse the holy ghost of our sinnes , and an hipocrisie so impudently sinfull and damnable , that i doubt no age but this , ( the dregs and lees of time ) ever gave an example of the like . to illustrate my first maxime by some forreine examples ( before i lay the bastard at our own doors ) sylla at rome , by the power of the sword , proclaimed ( or voted ) himself dictator : to make good which usurpation with a maske of authority , he compelled the senate ( or parliament ) to approve of all his fore passed villanies , murders and illegal actes , and to conferre a power upon him ; to kill whom he pleased and confiscate their estates ; to build and destroy cities ; dispose kingdomes ; and exercise an arbitrary , supreme authority , and then ( to establish himselfe in his selfe-created power ) he posted up as rome , and in most cities of italy , bills of proscription , or outlawry , conteining the names of such persons , as ( without any forme of lawe , or justice ) he appointed to be slain by his souldiers . these proscribed men were ( for the most part ) such as having some sparkes of roman virtue in them , durst love the auntient government , lawes and liberties of rome , and were therefore thought fit to be weeded out , as malignants against his innovations and arbitrary courses . yet many meane spirited fellowes , were proscribed and murdered , partly for confiscation of their estates , and partly to gratify the malice and hatred of particular friends who ( in that carriage ) praid in aid of syllas sword to ridd them of their enemies . after this augustus caesar at rome , having by terror of arms made himself consul , and finding himself not strong enough fingly to subjugate his country , he called antonius & lepidus to joine with him , with whom entering into confederacy to subvert the fundamental government , and usurpe the supreme authority , they divide that vaste empire betweene them , and passed a decree amongst themselves ; that they should be called the triumvirate for reforming and reestablishing the common-wealth ( well enough before if they had let it alone ) with supreme authority to give estates and offices to whom they thought fit ; without asking the advise of senate or people . they appointed what consuls , magistrates and officers they pleased : they designed rich donatives , and of the chief cities of italy to be given to their souldiers , if , by their valor , they should obteine victory over brutus and cassius , they fixed publike listes or tables of proscription , naming such persons as they exposed to slaughter . they proscribed at one time senators , at another time and knights . whereby the best men for understanding , conduct resolution and affection being cut off , the rest ( terrified by their example ) became but terra maledicta ( as chymickes call it ) dull liveles ashes or clods of earth , without power or virtue to quicken them , or make them productive . after some revolutions wherein augustus and antonius had discarded the dull and stupid lepidus , and ( at last ) augustus had subdued antonius : augustus usurped the title of tribune of the people , whereby his person became sacred and inviolable ; and ( humouring the irrational animals ) tooke upon him the especial protection of that brutish heard , the rascall multitude , the tribunes of the people having bin originally instituted to protect the people . his next step was to make himself perpetual dictator , whereby he arrogated to himself a vaste , unlimited power above all laws . the tribuneship was his buckler , the dictatorship was his sword . and last of all ( for ornament only ) he having already the full power of an absolute monarch ( although he forbore the title of ( king ) because it was hatefull to the people and against the laws ever since the regifugium ) he took upon him the title of princeps senatus , or president of the senate ; to keep a corresponding power over that great counsell or parliament : and finally usurped the title and office of imperator or generalissimo of all forces by land and sea , garrisons , &c. philippe king of spain lord of the belgike provinces by several titles , and under several limitations , priviledges , exemptions and fundamentall laws according to which he was to govern and they to obey : resolving to subvert the fundamentall lawes and government and reduce those petty signiories into one meere , absolute monarchy ; sent the duke d'alva thither ( a warrior of a resolute , stern nature ) governour with a powerfull army . who taking advantage of some rude commotions formerly raised by the protestants in throwing downe images and sacrilegiously plundering churches , erected a new tribunall criminall , or ( to speake in our modern , uncowth language ) a high court of justice , consisting of commissioners or judges purposely chosen , most of them hangers by of the law , of meane fortunes , practise , birth and breeding ; covetous , ambitious and slavishly addicted to the spanish faction . to these was given by special commission full power and authority to inquire into , and judge ( or to hear and determine ) the forepassed commotions , whereupon they stiled this court , concilium turbarum , but the multitude called it concilium sanguinis ; or the bloudy conventicle . this counsel or inquisition did supersede and extingnish the authority of all other courts of iudicature , and make void all lawes , constitutions , jurisdictions and priviledges of the nation , as to the aforesaid commotions , and all other causes they pleased to call high treason . they had no other boundes , nor limit i● their proceedings , then what they prefixed to themselves , in certain articles . some few whereof i will here present unto my reader , because they judged of high treason by those articles , not by the known laws of the land ( a thing very observable and applicable to my purpose ) so that they were not onely judges , leges dicere : but also law-makers , leges dare : as all judges are who take upon them a lioertie to observe no set forms of proceedings : but at their own pleasure . . article . all petitions heretofore tendered to the states , or cities corporate against the erecting of new episcopall sees ; or against the holy inquisition ; or requiring a moderation of decrees or acts of state or parliament , are accounted meer conspiracies against god and the king . . article . all nobles , gentry , judges , magistrates , and all others who connived at hereticall sermons , plundering of churches , and delivering such petitions as aforesaid , pretending the necessitie of the times , and did not resist and oppose them . . art . whosoever affirms , that all his majesties subjects of belgia have not forfeited their auncient priviledges , immunities and lawes for treason : and that it is not lawfull for the king to use and handle them for the aforesaid treasons as he pleaseth , to prevent the like treasons for the time to come , and that the king is not absolved thereby from all oathes , promises , graunts , contracts and obligations whatsoever . . art . they that affirm , this counsell or high court of justice to exercise tiranny in their proceedings , or judgements ; and that they are not supreme and competent judges in all causes criminal and civil . . art . those that in case of heresie deny , that all manner of informers and witnesses of whatsoever degree and condition they be , are to be credited : and that upon the testimony of any two witnesses , this high court ought to proceed to judgement execution and conflication of life and goods , without publishing the cause or charge , and without any legal form of triall . all these are guilty of high treason against god and the king . the rigor , cruelty and injustice of this new erected counsell of bloud , or high court of justice , inforced the lowe countries to revolt and cast off the king of spain . let us now examine whether in some one little province or island belonging to that vast roman empire ; and in some meane , petty fellowes , ( natives of that island ) men even at home of obscure birth , breeding and fortunes ; we can not finde examples of ambition , usurpation and tiranny , as high and transcendent , as bloudy and destructive ; as covetous and greedy ; as any of the fore-cited presidents ? and ( which is worst of all ) carried on by those that call themselves christians ; nay , saints ( which is more than they vouchsafe to saint peter and the rest of the apostles , though glorified saints in the church triumphant ) and such as in all their bloudy , oppressing , cheating designes , ( promoted by perjury , treachery , breach of faith , oaths and publike declarations ) pretend to the singular favour , providence and will of heaven as confidently , as if they could shew gods special commission , to warrant usurpation , treason , tyranny and thievery . it is not unknown by what artifices , frauds , falsified promises , oaths and covenants , a party of antimonarchists , schismaticks and anabaptists lurking in the parliament fooled the people to contribute their blood and money towards the subduing of the king ( and in him , of themselves ) and how by the same wayes and subtleties the said party in the two houses ( now combined openly , under the generall title of independents ) engaging and conspiring with the officers of the army and souldiery expelled by armed force seven parts of eight of the house of commons , leaving not above or of their own engaged party sitting , men enriched with publike spoiles ) and voting under the power of the armies commanders , whose commands are now become a law to the said sitting members , as their votes are become laws to the kingdome . in obedience to their said masters of the army , the said remainder of commons voted down the house of lords , ( though an integrall and principall member of the parliament of england , farr antienter then the house of commons , and having a power of judicature and to administer an oath , ( which the house of commons , never had nor pretended to have , untill this time that they overflow their bounds and the whole kingdomes , under the protection of their army , ) which prerogative of the house of lords is clearly demonstrated by the house of commons standing bare before them at all conserences , as the grand enquest doth before the judges ) because they rejected the ordinance for triall of the king . and now these dregs and lees of the house of commons , take upon them to be a compleat parliament : to enact and repeal statutes , to subvert the fundamentall government , laws , and liberties of the land : to pull up by the roots without legall proceedingss ) every mans private property and possession , and destroy his life . to burden the people with unsupportable , unheard of , unparliamentary taxes , impositions , excise , freequarter , buying of new arms after the countrey have been disarmed of their old arms three times in one year ; pressings and levying of souldiers , sequestrations , plundering of houses and horse , and many other oppressions ; more than the turk , russe or tarter ever heard of : of all which our grandees are free , and lay them upon others as partially as they please , purposely to consume them . to make religion but a stalking horse to their designes , and the ministers thereof but hostlers , to rub down , curry and dresse it for their riding : to whom they send commands ; what they shall , and shall not preach to the people ; as if preaching were the ordinance of man , not of god . at last by way of preparative to their machinanations , they passe these following votes . . that all supreme power is in the people . . that the supreme authority under them , is in the peoples representatives , or delegates in parliament assembled . meaning themselves , ( you may be sure ) the quintessence and elixar of the house of commons , extracted by those learned chimicks , doctour fairfax , doctour cromwell , and the rest , graduated at that degraded university of oxford . here note they voted the supreme power to be in the people , that they might use those gulles , as conduit pipes or trunks to convey the supreme authority into themselves , the better to enslave the people : and tickle them , whilest they fasten about their necks the iron yoke of a military oligarchy , wearing the mask of a perpetuall parliament . . that whatsoever the commons in parliament shall enact , shall have the power and force of an act of parliament , or law , without the consent of the house of lords , or the kings koyal assent : any statute , law , custome or usage to the contrary notwithstandingr ( they might have said all our statutes , laws , customes , &c. notwithstanding ) this one vote hath more of dissolution and more of vsurpation and innovation in it , than any i yet ever read of ; this is universally arbitrary , and layes the ax to the root of all our lawes , liberties , lives and properties at once . what these men will , they vote : what they vote is law ; therefore what they will is law . . that to wage warre or beare arms against the representative body of the people or parliament is high treason . by the law all treasons are committed against the king , his crown and dignity . . that the king hath taken up armes against this parliament , and is therefore guilty of all the blood shed this warre , and should expiate those crimes with his blood . if the king were not guilty , these men are ; and therefore they passed this vote , se defendendo . yet observe that herein they became judges in their own cause ; and forejudged his majesty before his trial ; if that may be called a triall , that was carried on by men , who were both accusers , prosecuters , parties and judges ; and had neither law , president , formality of proceedings , nor any other foundation of justice or reason to warrant them , nor were delegated by any lawfull authority ? these votes thus passed , and by this kinde of men , were the foundation upon which they built their great engine to destroy the king and kingly government together with the religion , laws , liberties , lives and properties of the people : all condemned in that deadly sentence given against the king ) for having ( as aforesaid ) created ( by their own votes ) themselves as absolute a power as they pleased and cast the people and all they have into that bottomlesse chaos of their arbitrary domination ; they erect an extrajudiciall , unpresidented high court of justice to try ( or rather to condemn without triall ) the king : consisting of . commissioners ; souldiers , parliament men , trades men ; the most violent , engaged and factious incendiaries of all the antimonarchicall faction : amongst whom were many low conditioned mechanicks , and banquerouts , whose fortunes are since repaired out of the kings estate , and other publick lands , goods and offices ; as a reward for that royall bloud they spilt . the king ( the fountain of law , justice , mercy , honour , war and peace ; the head of the parliament and supreme governour over all persons , and in all causes ) thus violently removed ; presently ( as if the mounds and banks of the sea had been overturned ) an impetuous innundation of bloudy , thievish tyranny and oppression brake in udon us : so that no man can call his life , liberty , house , lands , goods or any other his rights or fraunchises his own , longer than the gratious aspect of some of our graundees , shine favourably upon him . in the next place : contrary to their own declarations of the . feb. and . march . wherein they promise that in all things concerning the lives , liberties , and properties of the people , they will observe the known laws of the land , with all things incident therto ) they passe misbegotten acts of parliament one of the . of may , another of the . of july . whereby ) in derogation and annihilation of that excellent stat. . ed. iii. chap. . ascertaining treasons and reducing them to a small number , and leaving nothing to the interpretation of the judges , that the people might not be ensnared ) they exceeding by multiplying treasons , bringing bare words as wel as deeds within the compasse of that offence : and making many duties to which the laws of god and the land , the protestation and covenant , the oaths of allegeance , obedience and supremacy oblige us , to be high treason , & these new acts of treason penned in obscure , ambiguous terms purposely to leave a latitude of interpretation in ( their own creatures ) the judges ; that the people may be ensnared . the king thus taken out of their way . they passe dretended hcts. . to disinherit his children . . to abolish kingly government for ever . . to convert our ancient well tempered monarchy into that ( which they call a common-wealth , or free-state ; although nothing be therein free , but their lusts : nor hath it any form or face of civil and just government ; wherein a confused multitude rule by their own wills , without law : and for their own benefit ; no consideration being had of the good and happinesse of the people in generall . . they constitute a senate or councel of state of . men ( amongst which some trades-men , souldiers , illiterate lawyers , parliament members , men already engaged over head and ears in sinne , therefore to be confided in ) to these or any nine of these they entrust the administration of this utopian common-wealth , and these they would have us believe ( without telling us so ) are the keepers ( or gaolers ) of the liberties of england . these things being but introductions to the usurpation of these kinglings : and having been already shewed to the world by many pens . i content my self to give a cursory view of them : and hast to my intended task , to shew that this usurped power , is kept and administred , by as wicked and violent policies , as it was gotten by . the first endeavour of all tyrannicall usurpers is . to lessen the number of their enemies ; either by flattering and deceiving them : or by violently extirpating and rooting them out . and such have been the attempts of our new cromwellian statists , ever since ( without any calling from god or the people ) they toook upon them the supreme authority of the nation ; subverted our well mixed monarchy and created themselves a free-state . . they endeavoured to sweeten and allure to act with them , as many of the secured and secluded members , ministers and other phesbyterians , as they could , to the end that ex post facto being guilty of their sinnes , they might be engaged in one common defence , and go halfs with them in their ignominy and punishment , though not in their power , profit and preferments : in which the godly will admit no rivalls , but ( like their patron the devil ) cry all 's mine . but this design failed for the most part . . their second endevour was how to dimmish the number of their opposites , royalists and presbyterians by a massacre , for which purpose many dark lanthorns and ponyards were provided last winter , . but same prevented this plot : which coming to be the common rumour of the town ; put them in mind of the danger , infamy and hatred , that would overwhelm them . so this was laid aside . at last they invented two other engins , no lesse bloudy then , and as effectuall as a massacre . . the engagement is the first of these two gins ) which all persons are enjoyned to subscribe by their act ● . jan. . to be true to the common-wealth of england , as it is now established , without a king or house of peeres . and this is obtruded under no lesse penalty , then ; to be totally deprived of all benefit of law whatsoever . now the laws of the land being the onely conservators of our lives , liberties and estates ( without which lawes all men have a like property to all things , and the strongest have right to all is possest by the weaker ; since the law onely distinguisheth meum and tuum ) what is this but to expose the liberties of the non-engagers to false imprisonments ; our estates to rapine , spoil , and injustice : and our lives and persons to wounds and murders , at the will and pleasure of such as will engage with our usurpers : but especially at the pleasure of their own souldiers : to whom ( i conceive ) this outlawry was intended as an alarm or invitation to plunder and massacre the non-engagers , and to pay themselves their arrears of which these parliament men have cousened them ) out of their estates , and though the souldiers were not so wicked as their masters , yet we daily see many good families in england despoiled of their estates , for want of protection of the laws , brought to miserable beggery , rather than they will wrong their consciences by subscribing this damnable engagement contrary to the protestation and covenant imposed by this parliament contrary to the known law of this land , which this parliament hath declared to observe and keep in all things concerning the lives , liberties and properties of the people , with all things incident thereto ; contrary to this parliaments reiterated votes , that they would not change the ancient government , by a king , lords and commons . and contrary to the oathes of allegeance , obedience and supremacy : whereby ( and by the stat. of recognition . jac. ) our allegeance is tied onely to the king , his heires and lawfull successers : from which no power on earth can absolve us ; and so much we attest in the oath of supremacy . politicus ( interpreter to our new state-puppet play ) numb. . from sept. . to sept. . out of the dictates of his masters tells us , that in answer to the kings act of oblivion granted , the parliament intends to passe an act of generall pardon ; for which they expect in future a generall obedience & submission to the government : ( you see though they will not be the kings subjects , they will be his apes ) and in the beginning of the said pamphlet , politicus saith ; that protection implies obedience , otherwise they may be handled as publike enemies and outlawes , and ought to be destroyed as traitors . here you have the end to which this generall pardon is intended : it is but a shooing-horn to draw on the utmost penalty upon non-engagers , appointed by the said pretended act . ian. . to weed them out of this good land , that the saints only may enjoy the earth and the fullness thereof ; to which purpose all their new coyned acts and lawes are directed . the scripture points forth these kind of men , when it saith , the mercies of the wicked are cruell . the sum of all is ; if we will not acknowledge allegeance to these mush-romes , we shall be traitors without alleageance ( a treason never yet heard of in any law ) if we will acknowledge allegeance , we put our selves in a capacity to be traitors , when they shall please to make us such . but let them know ; that we are all englishmen , free-born alike , under the protection of an antient , legall monarchy , to which we owe alleageance : and how we come to forfeit that legall protection , our setled , laws and government ; and be subjected to a new , unknowne protection obtruded upon us by a company of upstarts ( mushromes of majesty , so meane in birth and breeding ( for the most part ) that the place of a constable equalls the highest of their education ) imposing what lawes and conditions upon us they please ; i would be glad to heare without being hindered by guns , drums , high courts of iustice and other instruments of violence & murder . but the greatest mistery in this cheat is , that our self-created supremists , having voted the originall power to be in the people , and but a derivative authority to be in themselves as the representative of the people , should notwithstanding so yoake their soveraigne lord the people , and make them pay allegeance to their own delegates ( the . part of a house of commons ) under the penalty ( unless they subscribe as the far major part have not ) of outlawing and depriving all the people of this land of all benefit of the lawes they were born to ; and consequently of annihilating and making them no longer a nation or people . as if they were meer salvages , newly conquered , collected and formed into a politike body or commonwealth , and endowed with laws newly invented by these novice statists . but the unlawfullness of the said engagement with the injustice of the self-created power that obtrudeth it , hath been handled by many good pens : especially by the cheshire and lancashire ministers in their plea for non-subcribers . therfore i passe on to my principall scope ; the second engine appointed to root out all such as are of a different party , the high court of iustice . a formidable monster , upon which no pen ( that i know of ) hath yet adventured . . in treating of the high court of iustice , i must consider . . by what persons and authority this new erected , unpresidented court is constituted ? . of what persons it is constituted ? . the way and manner of their proceedings ? what formalities and lawes they observe therein ? how sutable to the known laws of the land , and the parliaments declarations , protestations and covenant they are ? . to what end this court is constituted ? . the persons constituting this extrajudiciall court are the present , pretended parliament , consisting of or thriving commons only , who conspired with cromwell and the army to expell . parts of . of their follow-members , without any cause showne , abolished the house of peers , erected this high court of iustice ( in nature of a court martiall ) to murder the king , abolished kingly government : turned it into a thing they call a free-state ; disinherited the royall family , and now usurp to themselves ( without any calling from god or the people ) more then a regall , legall or parliamentary authority , wherewith they have subverted the fundamentall government , religion , laws , liberties and property of the nation , and envassallised & enslaved them to their arbitrary domination ; the authority by which they erect this extrajudiciall court is , the usurped , legislative power : by colour of which they passed an act dated . march . establishing the said high court of iustice . yet their own creature master st. johns , in his argument against the e. of strafford , ( in a book called speeches and passages of this great & happy parliament , printed by william cook . pag. . ) saith , the parliament is the representative of the whole kingdom , wherin the king as head , the lords as the more noble , & the commons the other members , are knit together as one body politick ; the lawes are the arteries & ligaments that hold the body together . ( and a little after ) its treason to embesell a judiciall record , strafford swept them all away . it s treason to counterfeit a s peece ; here is a counterfeiting of law ( so in these counterfeit new acts ) we can call neither the counterfeit nor true one our own . it s treason to counterfeit the great seale for an acre of land , no property hereby is left to any land at all ( no more is there by the votes & practise of our new supremists ( thus far master st. iohns . but that the parliament doth necessarily consist of the king & the two houses assembled by his writ , & can passe no act , without their joint consent : see the praeambles of all our statutes , all our parliament records , all our law books : modus tenendi parliamentum . hackwells manner of passing bills . sr. tho. smith de repub. anglorum . cambdeni britannia . all our historians , polititians , and the uninterrupted practise of all ages . that it is now , lately otherwise practised ; is not by any law of the land , but by the will of lawlesse power and rebellion , that hath cancelled all our lawes , liberties and properties , and subverted our fundamentall government , and disfranchised and disinherited the whole nation . yet master st. iohns in his said argument against strafford p. . was then of opinion : that to subvert the lawes and government , and make a kingdom no kingdom , was treason at the common law . this act . mar. , is a new modelled commission of oier and terminer : and all the people of the land , are by the consequence thereof disfranchised and proscribed . the illegality and tyranny thereof , they have introduced , who in this parliament so zealously complained against the court of the president & counsel of york or of the north , as an intolerable grievance ( notwithstanding it had been of as long continuance as from . h. , ) as appears by a worthy members speech or argument against it ( in the said book of speeches & passages p. . made by order of the house of commons in april . i find not one exception there made against the court of york , to which this upstart high court is not more liable then it . . the commissioners of this high court are not appointed to inquire , per sacramentum proborum & legalium hominum , that is , by iuries ; as by magna charta , and above . statutes confirming it , all commissions ought to run . . they are not appointed ( nor sworn ) to heare & determine , secundùm leges angliae , according to the known lawes ( as they ought to be ) but according to certain articles & powers given in the said act . march . . the said act . march leaves a dangerous latitude to the interpretation and discretion of the commissioners ( contrary to what is done in the act . ed. . chap. . ) namely ; it hath one clause enabling them to inflict upon offenders such punishment , either by death or otherwise corporally , as the said commissioners , or the major part of them present shall judge to apperteine to justice . this leaves it in the brests of the commissioners , ( without any law or rule to walk by ) to inflict what torments and ignominious punishments they please , although not used in our nation ; and arbitrary corporall paines are proper to slaves ; not to subjects . here ( after the losse of all but their bodies ) the people may see their bodies subject to the lawless wills of our grandees . and by another clause , this act impowreth the commissioners , to examine witnesses upon oath , or otherwise , if need be . this word ( or otherwise , &c. ) gives them power to examine witnesses without oath ( if they cannot procure witnesses so far the sons of belial , and cauterised in conscience as to adventure upon an oath ) even in case of life and death , and mutilation of members ; contrary to the current of all our lawes , and practice of all our courts of law , and of all nations . see stat. . ed. vi . chap. . ed. vi . chap. . cooks . inst. pag. , , . deut. . . ex ore duorum vel trium peribit qui-occidetur . deut. . . matth. . . john . . cor. . . heb. . . this is the most arbitrary & destroying liberty that ever was given to iudges ; and such as none but professed theeves and murderers will accept or make use of . the scripture saith , an oath is the end of controversy between man & man . how then can they end and determine a controversy without oath ? but the end of all controversies before this butcher-row of iudges , is cutting of throats , and confiscation of estates . and by the same clause of the said act ( to examine witnesses ) they may , and ( i heare ) do examine witnesses clandestinely , and proceed upon bare depositions read in court , whereas they ought to produce the witnesses face to face in open court , and there sweare them , that the party accused may interrogate them , and examine the circumstances , and whether they contradict themselves , or one another , for cleering the evidence ? and whether they be lawfull witnesses or no ? nay ( i hear ) they do privately suborn and engage witnesses without oath . and then produce them to swear what they have formerly related only : and if they scruple at an oath , punish them for misinforming the state . . that i may make some more use of the aforesaid members words , whether the king , or a prevailing party usurping his kingly power , may canton out a part of his kingdom ) or cull & mark out for slaughter , some principall men , & deny them the benefit of law , in order thereto , as these judges do ) to be tried by speciall commission , since the whole kingdom is under the known lawes & courts established at westminster ? it should seem by this parliaments eager complaint against the speciall commission of york , this parliament hath determined this question in the negative allready , ( whatsoever their present practise to carry on their designe is ) see stat. . car : . against the star chamber . to what purpose serve those statutes , of magna charta and the petition of right , if men may be fined and imprisoned ( nay murdered ) without law according to the discretion of commissioners ? this discretion is the quick-sand that hath swallowed our properties and liberties , ( but is now ready to swallow our carkasses : ) thus far that gentleman , whose words then carried the parliamentary stamp upon them . let me add some more exceptions of my own against this high court of injustice . . soldiers of the army are appointed by the act . march , to be assistant to the commissioners , contrary to the peaceable proceedings of the law , which never makes use of any but civill magistrates and officers of the law . see stat. . ed. l. . ed. iii. chap. . . r. ii. chap. . . and contrary to the old oath which all judges ought to take , in these words . you shall sweare well & lawfully to serve the king & people , in the office of justice , &c. and that to what estate & condition they be , come before you in the sessions with force and armes , against the peace , against the statute thereof made , to disturbe the execution of the common lawes , or to menace the people , that you arrest their bodies , &c. stat. . ed. iii. in an. dom. . p. . poultons book of stat. at large . but the oath appointed for these commissioners to take , is not penned in termes of indifferency . nor doth any waies oblige them to the people . . mar. . ( viz : ) you shall sweare well and truly according to the best of your skill and knowledge , to execute the severall powers given you by this act , ( not well & lawfully to serve the people . ) besides they swear to execute the severall powers given , ( not to do justice according to the lawes . ) now the lawes are the only rules of iustice , by which we distinguish crooked from streight , true from false , right from wrong . this is not the work these iudges are packed for , but to execute acts of power and will . but powers are often usurped , tyrannicall , illegall and unjust : so are these . injuria est quod contra legem fit . . how can the house of commons ( if it were full and free ) constitute a new unpresidented court of iustice , nominate and ordain iudges , and enable them to administer oaths , having never had , nor so much as pretended to have , any power to judge , to nominate iudges , or to administer an oath ; as having never been more then the grand enquest of the kingdom , humbly to present to his majesty in a petitionary way , the grievances of the people ? nemo dat , quod non habet . . suppose the house of commons had power of iudicature , delegated to them from the people as their representative ? delegatinon possunt substituere delegatos , et pro●estatam sibi concreditam , in alios transferre . legates can not make subdelegates , and transfer their trust to others . see col. andrews answers given into this high court , for his defence . printed at the later end hereof . . my second consideration will be , of what persons delegated or commissioned , this court consisteth ? the pretended act . march . names . commissioners , all which ( for their better credit ) it enacteth esquires , amongst whom are four or five , that have professed the law ( as far as wearing a lawyers gown come too ) but were better known by their leisure then by their law ; untill by adhearing to our prevailing schismaticks , in subverting our laws , they seem to be eminent lawyers . of keeble see the tryall of lieutenant col. john lilburn , first and second part . steel cited expired statutes at winchester against captain burley . the rest are ( for the most part ) poore ignorant tradesmen , some so young they are but lately out of their apprentiships , others broken tradesmen that have compounded with their creditors , some of vilde and base professions ; one or two of those wolvish saints ( i hear ) have with some difficulty escaped the gallows for manslaying : william wibearde esquire is a rope-seller : this employment may happily help him to the hangmans custome . william pemoier esquire was heretofore an ape-carrier , cherry-lickom or mountredinctido . cook a vintner at the bear at the bridge foot , he keeps a vaulting schoole for our sanctified grandees , and their ladyes of the game . if the house of commons had power to make judges ( which i have disproved ) yet , ex quovis ligno non fit mercurius . they must name such persons as may be competent judges . and therefore must not choose . . ignorant men . . nor such as the law cals , viles personas , men base or contemptible for their persons or sordide callings ; mechanicks of the lowest rank . . persons of scandalous life and conversations . . not banquerouts and indigent persons . necessitas cogit ad turpia . . not partiall and preingaged persons , chosen to suppresse another party . as these commissioners are engaged to the present power to suppresse all others . . nor such as schismatically or heretically affected , are seasoned with such doctrines and principles , as neither agree with the duties of a good christian , a good commonwealths man , nor a good judge , which two last objections not onely these commissioners , but the pretended parliament that commissioned them are apparently guilty of , as being all of the independent faction , conspiring to robb and root out all other parties : royallists , presbyterians and levellors : for which purpose this new tribunall or inquisition is set up . independency being a meer complication and syncretismus , or rather a sink and common sewer of all errours , heresies , blasphemies and schisms ( though they peevishly differ in some inconsiderable tenents ) yet having one generall end or scope at which they all chiefly aym ( viz. ) power , preferment , profit , and the suppression of the truth and magistracy , they have likewise some common principles to soader them together , which they use as a means conducing to that generall end . some few whereof i will here set down for my readers satisfaction . . to tollerate no king nor magistrate superiour to themselves . as being a tyranny or bondage over the christian liberty of the saints and kingdom of christ . because they know no christian magistrate can tollerate them , being ( by the genius of their sect ) enemies to all civill societies , whether monarchicall , aristocraticall , democraticall or mixed ; as the kingdome of england was , before these men destroyed it . besides their common doctrine , that they are appointed to break the powers of the earth to pieces , to levell the hills and fill up the valleies , that they are called , to bruise the nations with a rod of iron , and break them in pieces like a potters vessell : which they have done in england , and threaten the like in france , germany , &c. whereof their pulpits and discourses sound . observe their practises in the low countries . where having by their spies and emissaries , found out some burgers of the same humour with themselves ; they propagated their doctrine so far ; as to endeavour to strike the aristocraticall members out of that commonwealth by abetting some of the states provinciall to lessen ( and so to abolish by degree ) the lords states generall ( the optimates of that state ) to ruine the prince of orange , to whose family they owe their liberty ; to dissolve the generall vnion of the said vnited provinces , and so take in pieces the whole frame of that republike . to say nothing of their insolencies in fighting and killing their men , because the belgike lion will not strike saile to their crosse and harp ; and in blowing up the antelope in helversluice : which shews what good neighbours holland , and other parts , are like to have of the new state of england and ireland ( when they have made themselves intirely by the purchase of scotland ) that is born ( like our english richard the . ) with teeth in its head ; and snappeth at its neighbours before it be out of its swadling clouts . this is the cause that cromwell , before he set saile for ireland , caused his journey-men , the pretended parliament , to passe an act for tolleration of all errors , heresies and schisms , under the notion of liberty of conscience , and ease for tender consciences . . their second principle is , that the good things of this world belong only to the saints ( that is , themselves ) all others being usurpers thereof : and therefore they may rob , plunder , sequester , extort , cheat and confiscate ( by illegall laws of their own making , by extrajudiciall courts and partiall judges of their own constituting ) other mens goods and estates ; upon as good title as the jews spoiled the aegyptians ; or expelled the canaanites . . their third principle . that the spirit ( which sanctifies and illuminates these men ) in every particular man blows when and where it will , sometimes this way , sometimes that way , often contrary wayes : and therefore they can make no profession of any certain rule of doctrine or discipline , because they know not which way the spirit will inspire . for this reason they are still pulling down old and setting up new doctrines , as the nomades do cottages , only constant in unconstancy . they professe their consciences are the rule and symbol both of their faith and doctrine , by this leaden lesbian rule they interpret , and to this they conform the scriptures ; not their consciences to the scriptures ; setting the sunne diall by the clock ; not the clock by the sunne diall . that every man must pray according to the dictates of his private spirit ; they reject the lords prayer , for fear of quenching the spirit . when they break their faith , articles , promises , declarations and covenants , they alleage , the spirit is the author thereof . when cromwell ( contrary to his vows and protestations made to the king ) kept him close prisoner in carisbrook castle ; he affirmed the spirit would not let him keep his word . when , contrary to the publike faith , they murdered him : they pretended : they could not resist the motions of the spirit . sua cuique deus sit dira libido . this hobgoblin serves all turns . . their fourth principle is . that they may commit any sinne , and retain their sanctity in the very act of sinning : for what is sinfull in other men , is not so in the saints ; who may commit any crime against the law of god , and yet it cannot be imputed to them for sinne ; because they know in their consciences what they do . so tender and delicate are their consciences ; that they are capable of any offence against their neighbor , without breach of justice or charity . a righteous man is a law to himself . . their fifth principle is . that . make a church : although men women and children , and that this church is independent upon any other . the anabaptists ( though they neither profess to follow paul nor cephas ) yet declare themselves to be some of cromwels church , some of john goodwins , some of kiffins , some of patiences and some of carters church . . their sixth independent principle is . that if a man be questioned for any crime , though his judges have neither competent witnesses , proofs nor evidence of his guiltiness , yet if they think in their consciences he is guilty ; they may condemn him out of the testimony of their own private consciences . is it not fit men so principled should be judges and jury too ; & condemn men by inspiration ? so col. andrews and sr. john gell were condemned ; for bernard and pits ( witnesses against them ) were apparently suborned by bradshaw and sir hen. mildmay against them : and forsworn in the same cause ; and good proof offered to the court , that they were both flagitious men , of scandalous life and conversation . the letter ( supposed to be sent by andrews to gell ) was delivered to bradshaw , whereof bradshaw sent a copy onely to gell at ten of the clock at night ; and had a warrant then ready to arrest gell , which was done early next morning before he could conveniently discover it : yet was gell sentenced for misprison of high-treason . see sr. john gells case stated , august . with colonel andrews attestation ( in his behalf ) under his hand a little before his death . and though sr. john was impeached and mr. atturney prosecuted him only for misprision ; yet had he much a do to keep that blood thirsty old curre keeble from taking a leap at his throat , and giving judgment against him for high treason . so for want of law sr. john had like to be hanged by inspiration and instinct of the spirit . he that will see more of these independent tenets , let him read cl. salmasius chap. . defensionis regiae . elenchus motuum nuperorum in anglia . and the history of independency , , and . part . these . i have selected , that by comparing their doctrine with their daily practise , the reader may perceive what pious christians , good patriots , and upright judges , these engaged , independent commissioners of the high court of justice are like to prove . the builders of this new commonwealth or babel , hold forth to the people , justice and liberty , as their motto : as if those excellent guifts had never received their birth , nor bin so much as shewen to the people untill they murdered the king , and stepped into his throne . but how righteous a free state or commonwealth is this like to be ? and how well are the people therein like to be instructed in the wayes of righteousnesse , justice and charity , and improved in good life and conversation , by men so principled as aforesaid , let the world judge . especially when they observe , that our new statists have enacted in the said pretended act . jan. . enjoyning the engagement , that who soever will promise truth and fidelity to them by subscribing the engagement may deale falsely and fraudulently with all the world besides . and break all bonds , assurances and contracts made with non-engagers , concerning their estates ; and pay their debts by pleading in bar of all actions , that the complainant hath not taken the engagement : this is to robb the aegyptians of the good things of this world , this is to break their faith by the motions of the spirit . this is to cheat and rob their neighbours without breach of charity or justice , and without imputation of sinne , according to their aforesaid tenets . . i am come now to consider in the third place , the way and manner of their proceedings ; how consonant they are to the usuall proceeding of our known laws , and legall courts of judicature ? ( the best inheritance of all freemen ) whereof see colonel andrews . answers in his defence given into the said high court , here with printed . . the first course they commonly take is ; to break open mens houses , studies , chests , &c. and seise their papers ; and thereby hunt for matter of charge against them : and then to examine them against themselves , upon the said papers , contrary to magna charta , which saith , nemo tenetur prodere seipsum . and contrary to the doctrine of christianity , which forbids a man to destroy his own life , or be , felo de se , as many men unwittingly doe , who answer to captious , ensnaring questions . what that tempting question was put to christ ; art thou the king of the jews ? he returned no other answer then : thou sayest it : why askest thou me ? a●ke them that heard me , that is , ask witnesses . it was objected against the oath ex officio , that it was high injustice to examine a man against himself : because his answers may only serve to condemn , but not to acquit him . . they usually break open houses with souldiers , at all hours of the night , pulling men out of their beds with great violence and terrour , and so carrying them away , under pretence whereof robberies and murders have bin committed . whereas by the stat. . edw. vi . chap. . and . and . edw. vi . chap. . a man ought not to be accused of high treason , but to one of the kings counsell ; or to one of the kings justices of assize ; or to one of the kings justices of the peace being of the quorum : or to . justices of the peace , where the offence is committed , cooks . inst. chap. high treason p. , , . . they commit men to prison without any accusation or accusor made known , and during pleasure : and detein them in prison many years together without any legall proceedings or charge against them ; sharing their estates , offices and revenues ( by sequestrations and suspensions of the profits ) amongst themselves , without any crime objected : and so leave them to sterve , rot or dye in nasty gaoles , for want of maintenance , under the cruelty of covetous and mercilesse gaolers , whom they bear out ( for mony ) in all their extortions . and being thus imprisoned and wounded with the displeasure of the state no man dares adventure , upon any security , to lend him mony for fear of incurring the disfavour of the state , and a note of malignancy , whereby their prisons are become private slaughter houses , as well as their courts publike shambles of injustice . prisoners in the tower of london ( to which prison no gaole delivery belongs ) were alwayes wont in the time of ( that supposed tyrant ) king charles i. and his predecessors , to have allowance from the king , according to their severall degrees ; as l . a weeke for an esquire &c. although the king deprived them of no part of their estates untill conviction , and this maintenance was provided for them by the lieutenant of the tower ; and in respect of his care and paines in procuring it he had fees , and not otherwise ; though now they continue and increase the said fees ; the cause being taken away the effect ceaseth not . but these men now in power , after they have committed men and robbed them of their estates , without cause shewen , are so farre from giving them any allowance to feed them ; that they shut them up close prisoners in unwholsome chambers , denying them the liberty of the tower , and the benefit of fresh aire ( the cameleons diet ) for their health , and resort of friends , for their accommodation . and that they may be sure to deprive them of all legal means by habeas cotpus to recover their liberties ; they commit men by illegal warrants not expressing any particuler offence or cause for their commitment ; so that it is impossible for the keeper of the prison to obey the habeas corpus , which is directed to him in these words : precipimus tibi quod compus a. b. una cum causa detentionis fuae , habeas coram nobis &c. ad recipiendum ea quae curia nostra . &c. wherupon the goaler or sheriff is to bring his prisoner to the bar and tender his mittimm to the court , shewing the particuler cause of his imprisonment , that the court may judge whether it be legall , or no . dolosus versatur in generalibus . in the acts of the apostles chap. . ver. . . festus thought it unreasonable to send paul a prisoner to caesar ( to whom he had appealed ) and not withall to signifie the crimes laid to his charge . see cookes . instit. fol. . . their usuall course of practising and suborning witnesses , tempting them with hopes and terrifying them with fears , is so notorious ; that it is known the counsel of state have hundreds of spies and intelligencers , affidavit-men and knights of the post , swarming over all england as lice & frogs did in egypt : and have both pensions and set rates for every polle brought in : so that now the whole nation is proscribed , and every mans head set to sale , and made a staple commodity , ( far beyond the definite proscriptions of silla & the triumvirate aforesaid ) these sons of belial are sent forth to compasse the earth seeking whom they may devoure . these ( with the liberty of priviledged spies ) speake bold language to draw other men into danger : and plot conspiracies , which themselves derect and are rewarded like decoy duckes for their paines . of this sort are bernard and pits set on work to betray gell and andrews , as aforesaid . for which bernard had l . and a troope of horse conferred upon him . johnson that falsly accused sr rob. sherly and col. egerton for their charity in releiving his wants , is another ; varney is a fourth . so well are they fitted with these sons of belial , that no naboth can keepe his vineyard , if a grandee cast a covetous eye upon it ; they can prove what they list . nay it is usuall for our grandees to molest one man with examining him . or . severall times , against one prisoner , & upon one point , to distract his memory , & not to let him be quiet until he perceive , he must speak what their questions and discourses lead him to , to redeem himselfe from vexation . to say nothing of their menaces , to torture men if they will not confes , what they impudently pretend is already discovered by other means : and their insinuating into the affections of witnesses by asking them : whether the state doth not owe them money ? and why they doe not use fitting means and opportunities to recover it ? and why they do not make means for some beneficial employment ? . in magna charta , chap. . it is enacted , that no freeman shal be taken or imprisoned ; or be disseised of his freehold or liberties or free customes , or be outlawed or exiled , or any otherwise destroyed ; nor we will not passe upon him or condemne him , but by lawfull judgement of his peares , or by the law of the land . we will sell to no man , we will not deny or deferre to any man , justice or right . see statut , . ed. iii. chap. . . ed. iii. chap. . . ed. iii. chap. . . ed. iii. chap. . . r. ii. chap. . pet. of right . . car. . . ed. iv. fol. . dier . fol. . cooke lib. , fol. . lib. . fol. . lib. . fol. . regist. fol. . where note the word ( peeres ) signifies , that no man is to be condemned or destroyed , but by the lawful verdict of a iury of . sworne men of the neighbourhood where the fact was committed ; because ( in probability ) neighbours may have best cognizance of the fact , and of the life and conversation of the party accused . and these only are competent judges of matter of fact ; & in many cases of matter of law too , if they will take the knowledge of the law upon them . neither can this petty jury of . men goe upon the prisoner , unlesse a bill of inditement containing the whole matter of charge be first found in open court by a grand jury or enquest of sworne men ; who are to enquire of the fact upon the oathes of two lawfull witnesses ( at least ) to every material point of the enditement and then , when the grande enquest are all agreed , the foreman endorseth upon the backe of the bill ( billa vera ) and then presents it in open court , as the information for the king of the whole enqueste : otherwise the enditement is quasht , and nul . cookes . instit. chap. high treason and petty treason . and whereas the statut. saith , ( but by his peeres , or by the law of the land ) lex terrae , signifies , the auntient customes of the land ; amongst which fundamentall customes ; trials by juries hold a principall place . and when the king charles i. accused this parlament , that they disposed of the subjects lives & fortunes by their votes , contrary to the known laws of the land , this parlament in their remonstr. . sep , . ( . part. of the book of declarations fol. . ) highly resented it . and magna charta being nothing else but an affirmation of the common law , inserted this clause ( or by the law of the land ) as a speciall caution , not to annihilate or frustrate ( no ; not so much as tacitely , or by preterition ) any of the said fundamentall lawes or customes , nor any other particular lawfull customes , which are not one and the same in all parts of england ; witnes the custom of savelkind in kent . i have told you what our known auncient . legall courts of justice doe . and i must tell you that legall formes and set modes of proceedings are so essentiall unto justice , that without them we cannot measure the rectitude or obliquity of justice or injustice : where they do not chalke forth the way , both judges , lawyers , officers & atturneys will tread what subtle , obscure paths they please , usurpe an arbitrary power and latitude to prevaricate ; & so far corrupt & work the law to their sence , that they will rather leges dare , then leges dicere , so that what is law in one mans case , shall not be so in another mans , they will so intricate and intangle causes ; that every case shall be casus pro amico ; as civilians call it ; when upon full hearing , the merits of the cause appear so equall , and undistinguishable on both parts ; that the iudge may ( according to his discretion ) look upon the merits of the persons only : and give the cause ; pauperiori , via charitatis , or digniori , ratione virtutis . justice not fixed by formalities , wil become such a vagrant , that no man shal know where to find her . let us now see what our new shambles out upstart high court doth . which in this worke of reformation and destruction , so much abhors superstition and ceremonies , and stickes so close to a summary way of proceeding , that they have not onely stripped , but flead her : as their masters the parliament not only fleece , but flea the people . in lieu of a bill of presentment , by a grande enquest , the pretended parliament or counsel of state , send a list of such persons names , as they have proscribed , and set a nigrum theta upon , ( as men dangerous to their designed interest ) to the masters of their slaughter-house , the said high court , together with such depositions as they have taken in corners , against the prisoners : and this is such a fore judging of them , that the said court neither will not dare acquit , whom their masters and pay-masters have precondemned . next articles of impeachment in nature of a charge are drawn up against the prisoner ( although such articles are nothing in law , which regards only a bill of inditement ) then the prisoner after a close imprisonment for he knows not what ) upon two dayes warning is led to the bar ; where the first worke is to dazle his eyes , amase and distract his judgement and memory with the terror of their souldiers , the numerousnesse , high affronting words and looks of his judges ; having thus mortified the prisoner , he is commanded to hear his charge read : and bid plead to it . guilty ; or not guilty . if he own their jurisdiction and plead the said general plea , they have him where they would have him : they never ask him ; how he wil be tried ? whether by god and his country ? for god hath no hand in these proceedings , nor amongst such judges ; and this rod of iron is provided to bruise his country , as well as himselfe . lieutenant col. lilbornes triall hath taught them that it is an easier matter for them to packe a butcher row of confiding , partiall judges , then a jury ; who are liable to be challenged , if suspected of partiality . when col. andrewes claimed to be tried legally as a freeman by a jury and vouched great charter , and many other statutes , ( whereof see his aforesaid three answers ) that sneaking blood-sucker , illitterate keeble answered . those statutes were out of date now , ( meaning they were taken away by conquest , ) so that this shamble row of judges , take upon them to be , both judges of the law , ( without acknowledging the fundamentall lawes of the land , or taking any oath of indifferency to the people ) triors of the fact , or jurates of life and death ( without being sworne to find according to evidence ) as well as parties and prosecutors . theeves upon the high way may as justly arraigne a true man before them , because he brought no money in his purse , offered to draw his sword and hid his money about him in contempt of their jurisdiction and authority ; and condemne him upon such a mock trial & mummery or enterlude of justice , as these fellowes . if they allow him counsell , his counsell must apprehend the minds of his iudges , at his perill ; and not be so faithfull and diligent as to helpe his client in earnest ; least the counsell of state , or some other power ( whose will is a law ) interpose and banish him . miles from london ; as they did master sprat , sr iohn gells sollicitor , before sr iohns businesse was ended ; whereby sr iohns was left destitute of means to follow his busines , himself being close prisoner . if they permit any witnes to speak on the prisoners part , he coms at his perill : sr iohn gells first witnes was so baffled in court , that the rest stole away & durst not appeare . i have not heard whether they give any copy of their articles of impeachment to the prisoner , ( for they cover all their doing with such a plaguy egyptian d●●knes , that we cannot see a glimpse of light ) or whether they goe a star chamber way , and make him answer ore tenus , and ex tempore for his life and estate . but if they give him any copy , or any time to answer , it is not above four or five dayes , or a weeke , nor do they allow him counsell , or any other cleering of the way to his defence , untill he have ensnared himselfe by owning their jurisdiction , and pleaded the generall plea , not guilty . if he plead not an issuable plea , and yeeld to their jurisdiction , quitting all benefit of the law & legal proceedings , the razor is at his throat , they thirst after his blood ; & they presently sentence him guilty of contumacy & take it pro confesso . and if he do submit & plead : his plea wil have the operation but of a psaelm of mercy , prolonging his life but for a short time , in the interim keeble & his court plays with him as a cat doth with a mouse , and then devours him . for no man is sent to this court to be tried , but to be condemned . in hac arena dimicatur sine missione . herein they shew themselves much more tirannous & bloody then the duke d' alva when he erected his said counsel of troubles , called concilium sanguinis , or the bloody conventicle ; as this wil shortly be . for saith strada declar. lib. . procurator regius menses . conficiendae accusationi accipiens sibi ; concedebat ad defensionemreis ( egmontio , hornano , &c ) the kings attorney tooke four months time to draw up the charge or accusation , and gave five months time to the respondents to make their defence . and had he given lesse then five months time , to instruct counsell , pen their answers , produce and summon witnesses , inquire into the lives & conversation of their accusors , his feet had been swift to shed blood . nulla unquam de morte hominis cunctatio longa est , but our inquisitors take whole years to themselves to hunt for matter of accusation and hire and engage witnesses against men kept in ignorance and want with close imprisonment : and allow not them so many dayes to make their defence . all manner of accusors and witnesses , though apparently suborned and forsworn in the same cause , and proofes without exceptions offered to the court that they are of infamous life and conversation , are in this court ( the object of whose desires are blood and confiscations , not iustice ) lawfull witnesses , such witnesses were the said bernard and pits ; monsters of man . see sir john gels case stated : printed about august , . to cite any antient , known laws or statutes , or any other then their own new coined acts , passed by this . part of a house of commons , ( since they became elect members chosen by thomas pride ) is to incur the high indignation of the court , expressed abundantly in their words & looks . but to put them in minde of the parliaments many declarations , to maintain the ancient known laws , liberties , and properties of the people , is to scandall the present government and incur the censure of that unknown mysterious crime , which knaves call malignancy . the witnesses and judges being thus irrefragable , the first may swear what they will , the second may judge what they will , since they are left at large and have all things in scrinio pectoris : and book law must give place to bench law ; the jurisdiction and authority of this new unparalelled court is such a mistery of iniquity , so unscrutable and unquestionable , that if a prisoner scruple ( in the least ) either it , or any of the uncouth proceedings of it ; it is a mortall sin to him , and he is presently interrupted , and affronted both with disdainfull words and looks . and told , we are satisfied with our authority , that are your judges , ( so are thieves upon the high way satisfied with their authority that rob and murther us by gods providence and permission . ) it is upon gods authority and the kingdoms , ( yet what they do is against the will of god revealed in his scriptures ; and against the known , established laws , statutes , and continual practise of the kingdome : ) which authority commands you in the name of the people of england to answer them . ( yet at lest ) . parts of . of the people so much abhorre these and other their practises that every mans mouth speakes against them with bitter curses and reproaches to restrain which they have minted acts of new treasons , to make men offenders , nay traitors , even for bare words ; and erected this bloudy , illegall theater , the high court ( so called , for its high injustice ) as a spanish inquisition over them , & every mans hand would be about their ears , did they not keep an army of janisaries to suppresse them . ) their authority they do avow to the whole world , that the whole kingdom are to rest satisfied therewith . ( you see here a whip and a bell provided to keep the whole kingdom in aw : the declared supreme power of their soveraign lord the people , must resign their known laws to their trustees , their representatives in parliament , and take new laws from their arbitrary votes , or wo be to their necks and shouldiers ) i must interrupt you , what you do is not agreeable to the proceedings of any court of justice . you are about to enter into argument and dispute concerning the authority of this court ; before whom you appeare as a prisonner ; you may not dispute the authority of this court : nor will any court give way to it , you are to submit to it . ( it is not safe to confute a lye told with authority . yet if a man be endicted of treason or felony in the court of common pleas , a man may demurre to , and dispute the jurisdiction of that court ; because it is not in criminall causes , competens forum ; nor the judges compentent judges ; every man and every cause must be tried suo foro , non alieno . if a peer be arraigned in the kings bench . and for this upstart , unpresidented high court ; it is no court of judicature at all , as being erected without lawful authority ; consisting of incompetent judges , no records belonging to it : and tending to disinherit , and disfranchise all the people of england : and to murder them . ) you may not dispute the jurisdiction of the supreme and highest authority of england , from which there is no appeal , the votes of the commons of england assembled in parliament is the reason of the kingdome . ( oh brutish , irrational kingdome ! ) where . or . anabaptisticall members , the dregs and lees of the house of commons , after all the best and sincerest ( . parts of . ) had been racked and purged out at the bunghole by cromwell the brewer and pride his drayman , shall be called the reason and law of the land . this confirms the truth of what king charls the i. objected to the parliament ( whereof i have formerly spoken ( that they disposed of the subjects lives and fortunes , by their own votes , against the known laws of the land . but that there should be no appeal to their declared soveraign lord the people , from their subordinate trustees in parliament is wonderfull ; considering that in all governments , the last appeal is ever to the highest and most absolute power . but it may be they will be the peoples trustees in spight of their teeth , and by the power of the sword ; and so free themselves from rendring any account of their stewardship . ) you may not demurre to the jurisdiction of the court . if you do , they let you know , that they over rule your demerrer , and affirm their own jurisdiction . reason is not to be he heard against the highest jurisdiction the commons of england , make a direct & positive answer , either by denying or confessing , and put in immediately an issuable plea , guilty , or not guilty of the charge , or we will record your default and contumacy , and by an implicite confession take you guilty pro confesso , & immediately give judgment against you . ( this ( as i told you before ) is it that blanches the deer into the toile , but god deliver us from that jurisdiction that is too high to hear reason ; and that over rules demurrers before they be heard . ) i have told you as much of the proceedings of this court , as the novelty , obscurity , uncertainty and confusion thereof will give me leave . let me now ( by way of overplus ) give you the great dangers and slavery that will be fall all sorts of people , if they tamely and cowardly suffer themselves to be deprived of their auticent , legal tryals by endictment and juries of the neighbour hood : ( then which the whole world cannot boast of a more equall way ) and suffer their lives , liberties , estates , and honours to be subject to an arbitrary , extrajudiciall conventicle of blood , ( cromwels new slaughter house ) which hath neither law , justice , conscience , reason , president or authority divine or humane , but onely the pretended parliaments irrational votes and the power of the sword to maintain it , which will prove a cittadell over their liberties , a snare to their estates , a deadfall to their lives , and a scandal to their honours and familes , if not timely opposed . . by the law the endictment must specifie what the treason is , and against what person committed ; as against our soveraign lord the king , his crown and dignity . but in the said articles of impeachment , it is alleaged that the treason is committed against the present government , or , against the keepers of the liberties of england ; but in this dead-water our turning tide between the old regall , and this new unknown government ; no man knows how to do , look or speak for fear of contracting the guilt of an interpretative treason , upon the said two statutes for new treasons , and before this boundlesse , lawlesse new court . and to say , that treason is committed against a government in abstracto , is non-sence : it must be said that treason is committed against the governours in concreto , naming them . for there being no treason without allegiance ; and allegiance being a personall obligation , must be due from a certain known person , to a certain known person , or persons . and therefore the keepers of the liberties of england , not being yet made known to us , who they are , or where to be found , or what their power , duty or office is ; and being not tied by any set oath to deal well and truly with the people , ( as kings are by their coronation oath ; for if the stipulation be not mutuall , the people are slaves , not subjects ) since the duties of allegiance and protection , obedience and command being reciprocall ( as they must needs be , the parliament having declared the supreme power to be in the people ; they must not govern them mero imperio ( by lawlesse votes ) like turkish , tartarian and russian slaves . i cannot ow nor perform allegiance to those individua vaga ( the keepers or gaolers of our liberties ) nor to an utopian commonwealth . and without allegiance no treason : for in all endictments of high treason , it must be alledged ; that the accused did ( proditoriè ) perpetrate such and such crimes ; contra debitam allegantiam suam . and the word ( proditoriè ) signifies the betraying of a trust : according to the proverbe ; in trust , is treason . now where there is no profession of allegiance , there is no acceptance of a trust , no man can trust me against my will . i was born under a regall government , have read the stat. recognition , . jac. have taken ( as well as others ) the legall oathes of allegiance , obedience and supremacy to the king his heires and lawfull successors : imposed upon me by lawfull authority , and from which no power on earth can absolve me : and so much i attest in the oath of supremacy . and how i should now come ( after the new moduling of the parliament and kingdome by souldiers ) to ow allegiance to cromwell the brewer , scot the brewers clerk , bradshaw the murderous petty fogger , sr. hen. mildmay the court pander and projector , holland the linckeboy , john trenchard that packed a committee ( in which he was a member ) and voted to himself l . love the super-inducted six clerk , or any other of that self-created authority , let them sheath their swords and tell me . . an endictment must certainly alledge the offence committed , in respect of the matter , time , place , persons and other circumstances ; but in these articles of impeachment they tie themselves to no such certainties ; whereby the accused knows not at what ward to lie , nor how to make his defence . the circumstances of time , place and person , being the assured testimony of all humane actions . this lawlesse court leaves him in a vast sea of troubles , without pole-starre , card or compasse to steer by : the arbitrary opinions of this court , declared upon emergent occasions , being a fals hearted pilot to him . these judges not being of counsell with the prisoner , as our legal judges are , who swear to do justice according to the law . . by the law , any learned man that is present , may inform the court ; for the benefit of the prisoner , of any thing that may make the proceedings erronious . cooks . instit. pag. . but the whole proceedings of this court , their meeting and sitting being erronious , here is no room left for admonition , to take away their errours , is to take away the court . . cooks . inst. p. . expounding the . chapter of magna charta , hath these words . all commissions ought to be grounded upon the law of england ( not upon the votes of the house of commons ) and to contain this clause in them . to do what is just according to the laws & customs of england ; ( not to execute the several powers given them by the act . march ) and a little further he saith . against this antient and fundamentall law i finde an act of parliament made . hen. vii . chap. . that as well justices of assize as justices of the peace , without any finding or presentment by the verdict of twelve men , upon a bare information for the king before them made , should have full power and authority by their discretions , to hear and determine all offences & contempts committed , or done by any person or persons , against the form , ordinance or effect of any statute made and not repealed ; saving treason , murder or felony . by colour of which act shaking this fundamentall law , it is not credible what horrible oppressions and exactions , to the undoing of infinite number of people , were committed by empson and dudley justices of the peace throughout england . and upon this unjust and injurious act , a new office was erected ( as commonly in like cases it falleth out ) and they made masters of the kings forfeitures . ( i heare such an other office will be erected , when the novelty of this wonderfull high court is lessened , and the yoak thereof throughly setled upon the people necks ) yet observe the said act . h. . cap . went not so high as to treason , murder , and felony . but by the stat. . hen. viii . chap. . the said act . hen. vii . was repealed , and the reason given , for that by force of the said act it was manifestly known ; that many sinister and crafty , forged and feigned informations had bin pursued against many of the kings subjects , to their great dammage and wrongful vexation . the ill successe hereof ( saith cooke ) and the fearful end of these two oppressors , ( who were endicted and suffered for high treason for all the said act . hen. vii . passed in a full and free parliament : cook . . instit. pag. . ) should admonish parliaments , that in stead of this ordinary and pretious triall by the law of the land , they bring not in absolute and partiall tryals by discretion . and in his . instit. p. . cook saith , let parliaments leave all causes to be measured by the golden and streightned wand of the law , and not the uncertaine and crooked corde of discretion : for it is not almost credible to foresee , when any maxime or fundamental law of the land is altered , what dangerous inconveniences will follow ; as appears by this unjust and strange act . hen. vii . chap. . . this parliament alwayes declared they bore arms against the king , in defence of the laws , liberties and properties of the people . this way ran the whole current of their declarations . and they alwaies-reckoned magna charta , the petition of right and trials by ●uries , the chief and most fundamental of all our laws . see their remonstrance : therefore in their . article against strafford . they charged him with high treason , for giving judgments against mens estates , without trials by juries . much aggravated by mr. st. johns in his aforesaid argument against strafford . and for the better preservation of legall trials by juries , it is provided in the bill of attainder of strafford , that the case of the same earle should not be used as a president in succeeding times . and in two of this parliaments late declarations febr. and . march , . the parliament promiseth . to preserve and keep the fundamentall laws of the land , for preservation of the lives , liberties & properties of the people , with all things incident thereto . now to erect an arbitrarie , lawles high court , to give judgement against mens lives & estates , and attain their blouds , without enditement found by a grande jury , and a triall by a jury of sworn men vicineto ; is a farr fouler breach of trust in them against their soveraign lords the people , then all they charged the king withall ; and a farr higher act of tyranny and injustice then either the late king ; or empson and dudley or strafford were accused of . but if they alleage : they do not put down juries in generall , but onely in some particular mens cases , & upon necessity . i answer . that we are all born freemen of england alike ; that our auntient known laws , lawes courts and trialls by juries are our inheritance equall alike to all . and one party or part of the people ought not to be disherited , disfranchised or forejudged no more then another . no man can be said guilty of any crime untill he be legally convicted & sentenced : the lawe must first go upon him & condemn him . vbi lex non distinguit , non est distinguendum . if we do not live all under one lawe , and forme of justice , we are not all of one common-wealth , see the afore mentioned gentlemans argument , against the speciall commission of the court of york . for necessity : our present power is under none : but the fears and terrors of their own guiltie consciences . no apparence nor probability of any enemy by their own confession : nor can they pleade in their excuse , a necessity which they have brought upon themselves . i know some kings have , de facto , used the animadversion of the sword to cut off such powerfull and dangerous persons as could not safely be called to account by the law ; so died joab , adoniah , &c. for which the rule is . neminem adeo eminere debere , ut legibus interrogari nequeat : qui jus aequum ferre non potest , in eum vim haud in justam fore . no man ought to advance himself above the powers of the law : he that will not submit to equall right , if he be cut off by violence , suffers no wrong : but this is to be understood of the eminency and greatnes of the person , not of the greatnes of the crime ; whereof no man is to be forejudged ; because a great crime may prove a great calumny , untill a legall triall have adjudged it . but there is no person in england so eminent for power or authoritie , but that the least of bradshaws ban-dogs can drive him to the slaughter-house , and make him offer his throat to keeble . therefore animadversio gladii , if at any time lawfull , is now unlawfull . to make great examples , upon men of little power , is great injustice . but the way of this court is not animadversio per gladium . it is a mocking , a counterfeiting , an adulterating and alchimisting of justice : it is to falsifie her waights and ballance , and steal her sword to commit murder withall . . by the knowne lawes matter of fact is entrusted to the jury ; matter of law to the judges ; to prevent all errors , combinations and partiallities . the judges are sworn to do justice according to the lawe ; the jury are sworne to finde according to their evidence . but in this high court the commissioners or judges are all packed , confiding men , chosen by and out of one party , to destroy all of a different party . they usurp the office of judges not being sworn to deal well and lawfully with the people ( as by the said stat. . edw. iii. ) nor to do justice according to the lawe . but onely to execute powers given by the said act . march . and they arrogate ( as jury-men ) to be triers of the fact , without being sworn , to find according to evidence . so that they are judges , juries and parties , and ( for ease of their tender consciences ( without any oath of indifferencie . a most excellent compendium of oppression . they may go to the devil for injustice , and not be forsworn . great is the privilege of the godly . . the prisoner may except against his jurers , either against the array , if the sheriff or baily impannelling the jury , be not wholly disingaged and indifferent ; both to the cause , and to the parties , prosecuting and prosecuted . or against the poll , he may challenge peremptorily ; and as many more as he can render legal cause of challenge for . as for defect of estate , or other abilities , or for partiality , disaffection , engagement , infamy . but this array of jury-men-judges ( a medley so new we knowe not how to expresse it ) though picked and empannelled by an engaged remainder of the commons , and obnoxious to all exceptions , must not be challenged , their backs are too much galled to endure the least touch . take heed you scandall not the court ( cries master atturney ) see col. andrewes answeres . . many exceptions in a legall triall , are allowed against imperfections , uncertainties and illegallities in the bill of enditement , for the advantage of the prisoner . but no exceptions are allowed against these illegal articles of impeachement ; which are made uncertain , intricate , obscure and ambiguous purposely to pussle , confound , and entangle the respondent . . by the lawe a bill of enditement must have two full and cleere lawfull witnesses to every considerable matter of fact ; both at finding the bill and at the triall . cookes . instit. pag. . . and probationes debent esse luce clariores . proofes must be as cleere as the sun ; not grounded upon inferences , presumptions , probabilities . and the prisoner must be provablement attainte , saith the stat. . ed. iii. chap. . cookes . instit. pag. . the word ( atteinted ) shews he must be legally proceeded with : not by absolute power as formerly had bin used ( and as is now used by this bloudy high court ) but before these slaughter-men of the high court , all manner of witnesses , legal or illegal , one or two , sworn or not sworn , or apparently forsworn and suborned , and all proofes cleere or not cleere are sufficient . the prisoner is sent thither fore-doomed , and hath his deaths marck , his fate in his forehead . . the said act . march . carries two faces under one hood ; and looks backwards as well as forewards . to facts precedent as well as subsequent the said act , contrary to the nature of all laws , whose office is to prohibite before it punish , to warn before it strike . where st. paul defineth sinne to be the breach of commandement , or law . i had not known sinne but by the lawe . the law must therefore be precedent to the offence . but these acts are not laws to admonish , but lime-twigges and trappes to ensnare and catch men . see col. andrewes . answers at the latter end of this book . fourthly , and lastly i am to consider . to what end and purpose this new invented high court is constituted and appointed ? concerning which see a letter dated . june . stilo veteri , from the hague , ( supposed to be walter strick-lands , the parliaments agent there ) as i finde it in walter frostes brief relations of some affairs and transactions , &c. from tuesday june . to june . . wherein the epistoler hath these words . one peece of the cure ( viz : of the daungers that threaten your new state ) must be phlebotomy , but then you must begin before decumbency , and then it will be facile to prevent danger , &c. they are here most of all affraid of your high court of justice , which they doubt may much discourage their party , they wish you would not renewe the power thereof , but let it expire : then they think that after michilmas they may expect assistance with you . and indeed that court is of almost as much use to you as an army : and will prevent the rising of as many enemies , as the other will destroy , onely you must be sure to execute justice there with all severity . a few of the first stirrers taken away by the power thereof , without respect to cousen or countrey will keep all the rest quiet . but whosoever that court condemns , let them be as already dead , &c. but let them be most free in cutting the vena coephalica ( that is the presbyterian party ) for the basilica ( or royal party ) will be latent . the median ( or levellors ) would be spared as much as may be , that the body be not too much emaciated . besides the bloud is most corrupt in the coephaliks ( or presbyterians ) and is the very causa continens of your disease , you need not fear to take freely of this vein , &c. heere you see this state-mountebancke gives you the use and application of this corrasive . ( the high shambles of justice ) so fully that i shall not need to comment upon it . and in the latter end of a letter from cromwell , dated from dunbar . september . ( as i finde it in politicus ) speaking of his new purchased victory over the scots . cromwell saith ; god puts it more and more into your hands to improve your power , ( viz. your absolute authority ) wee pray own his people more and more , ( that is ; the army ) they are the chariots and horsmen of israel ( of the kingdom of the saints ) disowne your selves but owne your authority ( vvhich you enjoy under the protection of the army , your lords paramounte ) and improve it ; to curbe the proud and the insolent , &c. ( that is all men of different opinions and parties from them ; that will not engage to be true and owe allegeance to the kingdom of the saints , and resigne their lawes , liberties and properties to their lusts and wills ) that i have not misconstrued the contents of cromwells mistical letter will appear by a discourse in the same politicus numb. . from thursday september . to october . . where ( according to his custom ) delivering forth state oracles to the people : he tells them in plaine english . that after the confusions of a civill warr , there is a necessity of some settlement , and it can not in reason , be imagined , ( the controversy being determined by the sword ) that the conquerers should submit to the conquered , though more in number then themselves . nor are they obliged to settle the government again according to the former laws ; and constitutions , but may erect such a form as they themselves conceive most convenient for their own preservation . for after a civil war the written laws ( viz. established laws of the nation ) are of no force , but onely those which are not written . ( and a little after ) the king having by right of war , lost his share and interest in authority , and power , being conquered , by right of war the whole must needs reside in that part of the people which prevailed over him : there being no middle power to make any claim , and so the whole right of kingly authority in england being by military decision resolved into the prevaling party , what government soever it pleaseth them to erect , is as valide de jure , as if it had the consent of the whole body of the people . that he should affirm that after a civil war the established lawes cease : is so grosse a piece of ignorance , that there is hardly any history extant but confutes it ; after our barons warr and the civil warr between york and lancaster , our established laws flourished ; so did they after the norman conquest . how many civil warrs in france have left their lawes untouched ? that of the holy league lasted years , belgia keeps her lawes maugre her intestine warrs : what is now become of the parliaments declared supream power and soveraigne lord the people , the originall and fountain of all iust power ? are they not all here proclaimed ear-bored slaves for ever ? but i had thought that an army of mercinary saints raised , payed and commissioned by the parliament to defend the religion , lawes , liberties and properties of the people ; and the kings crown and dignitie , according to the protestation and covenant : and the parliaments declarations , would not have made such carnal and hypocriticall use of their victories gotten by gods providence and the peoples money , as to destroy our known laws , liberties , and properties , and claim by conquest , and impose their own lusts , for laws upon us , thereby rendering themselves rebells against their god , their king and countrey . nor was it ever the state of the quarrell between the king and parliament whose slaves the people should be ? or whether we should have one king , governing by the known , established lawes ? or tyrants governing by their owne lusts and arbitrary votes , against our written lawes ? nor can the successe make a conquest just , unless the cause of the warr were originally just , and the prosecution thereof justly managed . as . to vindicate a just claim and title . . ad res repetendas . to recover dammages wrongfully sustained . . to repell an injury done to your self , or to your ally in league with you . the ultimate end of these wicked endeavours is , to establish and cement with the bloud of their adversaries , the kingdom of the brambles or saints ; already founded in bloud . by cutting off all such by their said new acts of treason and high court of justice , as will not bow their necks to their iron yoake . which appears more cleerely in an additionall act giving farther power to the said high court , ( dated . aug. . ) to hear and determine all misprisions or concealments of treasons mentioned or contained in any of the said articles or acts of parliaments : and to inflict such punishments and award such execution , as by the lawes and statutes have bin , or may be , inflicted . this lawe ( if i miscall it not ) considering how they have multiplied treasons by their said new statutes , . may . . july . and march . whereby bare words without act are made high treason ; contrarie to those well approved statutes . . ed. iii. chap. . . hen. iv. chap. . . edw. vi . chap. . i. mariae chap. . cooke . instit. saith , that words may make an heretique , not a traitor , chap. high treason . and the scripture denounceth a wo to him ; that maketh a man an offender for a word ) is one of the cruelst , and most generally dangerous and entrapping that ever was made . for hereby all relations ; husband and wife ; parents and children ; brothers and sisters , masters and servants are all injoyned to be informers against , and accusors of one another ( which is to take upon them the devils office ( and be , accusatores fratrum ) for light and vain words spoken onely in passion or ignorantly : or else they fall into the jawes of this alldevouring court ( from whence , no more then from hell , there is no redemption ) for misprision of treason : the penaltie whereof is losse of libertie and lands for life ; and of goods for ever , who can imagine lesse heerby , but that our statistes intend to raise a yearly revenue by this court , by forfeitures and confiscations : and to erect an office of master of the states forfeitures : like empsons and dudleis in hen. vii . time aforesaid . and so continue this court , to weede out the auntient inhabitants cananites and amalechites . the said additional act , . aug. . concludes , that the said high court shall not examine , try or proceed against any person other then such as shall be first by name appointed by the parliament or counsel of state . it should seem the parliament and counsel of state supply the want of a grand enquest ; and their appointment is in stead of a bill of enditement found and presented . as assuredly as the high inquisition was erected in spain by firdinando and isabella to extirpate the mahometan moors : and the said councel of bloud in the lowe countries , by the duke d'alva to weed out the lutherans , calvinistes and anabaptistes . so is this high court set up in england to root out the royallistes , presbyterians and levellors ; and generally all that will not wholly concurre with our independents in practise and opinions . as will manifestly appear when their work is don in scotland , which will soon be effected : the more zealous scots being now as ready to sell their kingdom ; as they weare formerly to sell their king . i conclude therefore upon the reasons aforesaid ; that because the commissioners or judges are not sworn to do justice according to the lawes : and are parties pre-in-gaged ( as well as their masters , and pay-masters , that named them ) ignorant men , and of vild and base professions uncapable of places of judicature , necessitous persons , and some of them scandalous ; and the high court it self hath neither law , president , nor any just authority for constituting thereof or the judges therein . and all proceedings before them are directly contrary to magna charta , the statut. . edw. iii. chap. . the petition of right and all other known and established laws , and the continual practise of our nation ; and ( in many points ( contrary to the law of god and the dictates of right reason . that these commissioners are incompetent judges ; their court an extrajudicial conventicle , tending to disinherite , disfranchise and enslave all the free-men of the nation ; and all proceedings before them are void and coram non judice , see col , andrews . . answers , the said high court of justice to be a meer bloudy theater of murder and oppression . it being against common reason , and all laws divine and humane , that any man should be judge in his own cause . neminem posse in sua causa judicem esse . is the rule in law . but this parliament and counsell of state know they can not establish and confirm their usurped tyrannie , ( the kingdom of the saints , ) ea●e up the people with taxes , and share publike lands , offices and mony amongst themselves : enslave the nation to their lawles wills and pleasures , but by cutting off the most able and active men of all opposite parties by som such expedient as this arbitrary lawlesse high court is . the old legall way by juries ( being found by john lilbourns triall ) to be neither sure enough nor speedy enough to do their work . a butcher-rowe of judges being easier packed , then a jury who may be challenged . so that it fareth with the people of england , as with a traviler fallen into the hands of theeves . first they take away his purse , and then , to secure themselves , they take away his life . so they robbe him by providence , and then murder him by necessity . and ( to bring in their third insisting principle ) they may alleage ; they did all this upon honest intentions ; to enrich the saints and robb the egiptians . with these . principles they justify all their villanies . which is an invention so meerely their own , that the devil must acknowledge : they have propagated his kingdome of sinne and death more by their impudent justifications , then by their turbulent actions . an additional postscript . since the conclusion of the premises hath happened , the trial of that worthy knight sr. john stowell of the county of sommerset : who having bin often before this court , hath so well defended himself , and wiped off all objections , and made such good use of the articles of the rendition of excester , that in the opinion of all men , and in despite of their ensnaring acts for new treasons , he can not be adjudged guilty of any treason , old or new , which was the summe and complement of the charge against him . wherefore the court put off his trial for a longer time , to hunt for new crimes and witnesses against him . at last came into the court as a witnes john ashe , notwithstanding he is a party many waies engaged against him . . ashe is a parliament man ; in which capacity sr. john stowell bore armes for the king against him . ly . ashe as a parliament man is one of the constitutors of this murderous court and the judges thereof , and therefore their creatures ( who expect rewards from them ) beare a more awfull respect to his testimony , then a witnes ought to have from judges . ly . it is publickly known that ashe hath begged of the house a great summe of mony out of the composition for , or confiscation of sr. johns estate . and ly . it is known to many that during sr. johns many years imprisonment ashe often laboured with sr. john to sell unto him for l . a parcel of land which cost sr. john above l . promising him to passe his composition at an easy rate , to procure his enlargement from prison , and send him home in peace and quiet if he granted his desire . but although with all their malitious diligence , they cannot finde him guilty of high treason , yet their articles of impeachment charge him in general tearms with treason , murder , felony and other high crimes and misdemeaners ; and amasse together such a sozites and and accumulation of offences as if one fail another shall hit right to make him punnishable in one kinde or other : such a hailshot charge cannot wholly misse ; either they will have life , estate , or both ; contrary to the nature of all enditements and criminall charges whatsoever ; which ought to be particular , cleere and certain ( lamb : pag. ) that the accused may knowe for what crime he puts himself upon issue , but this court ( as high as it is ) not being constituted a court of recorde ; the prisoner , and those that are concerned in him , can have no recorde to resorte to either . . to demande a writ of error , in case of erronious judgement . . to ground a plea of auterfois acquite , in case of new question for the same fact . ly . or to demande an enlargement upon acquitall . or ly . to demand a writ of conspiracy , against such as have combined to betray the life of an innocent man . whereby it followes ; that this prodigious court hath power onely to condemne and execute ; not to acquite and give enlargement ; contrary to the nature of all courtes of iudicature , and of iustice it self : it is therefore a meer slaughter - house to commit free - state murders in , without , nay against law and iustice : and not a court of iudicature ; to condemne the nocent , and absolve the innocent . and the iudges of this court runne paralell with their father the devill ; who is ever the minister of gods wrath and fury ; never of his mercy . the humble answer of col. eusebius andrewes esquier , to the proceedings against him before the honourable , the high court of justice . the said respondent ( with favour of this honourable court ) reserving and praying to be allowed , the benefit & liberty of making farther answer , if it shall be adjudged necessary , offereth to his honorable court . that by the stat. or charter stiled magna charta , ( which is the fundamentall law , and ought to be the standard of the laws of england , confirmed above times , and yet unrepealed , it is in the chapter thereof graunted and enacted . . that no free-man shall be taken or imprisoned , or be disseised of his freehold or liberties , or free customes ; or be outlawed or exiled , or any other wayes destroyed , nor , we shall not passe upon him , but by a lawfull judgement of his peers , or by the law of the land . . we shall sell to no man , nor deferre to any man justice or right . by the stat. . ed. iii. chap. iii. the great charter is commanded to be kept in all points : and it is enacted . that if any stat. be made to the contrary , that shall be holden for none . by the act . march . entituled , an act for establishing , an high court of justice . power is given to this court ; to try , condemne and cause execution of death to be done , upon the freemen of england , according as the major number of any of the members thereof shall judge to appertein to justice . and thereupon the respondent doth humbly inferre , and affirme , that the tenor of the said act is diametrically opposite to , and inconsistent with the said great charter . and is therefore by the said recited stat. . ed. iii. to be holden for none . secondly , that it can with no more reason , equity or iustice , hold the reputation or value of a law , ( if the said stat. had not bin ) then if ( contrary to the d . clause of the . chap. of magna charta ) it had bin also enacted , that justice and right shall be deferred to all freemen and sould to all that will buy it . by the petition of right , o . car : upon premising : that contrary to the great charter , trials and executions had bin had and don against the subjects , by commissions martial , &c. it was thereby praied , and by commission enacted . that : . no commissions of the like nature might be thenceforth issued , &c. . to prevent least any of the subjects should be put to death , contrary to the laws and franchises of the land . the respondent heereupon humbly observeth ; and affirmeth : that this court is ( though under a different stile ) in nature , and in the proceedings thereby directed , the same with a commission martiall . the free-men thereby being to be tried for life , and adjudged by the opinion of the major number of the commissioners sitting , as in courtes of commissioners martiall was practised ; & was agreeable to their constitution : and consequently against the petition of right : in which he , & all the freemen of england ( if it be granted there be any such ) hath and have right and interest , and he humbly claimes his right accordingly . by the declarations of this parliament , dec. . & jan. . . the benefit of the laws , and the ordinary course of justice are the subjects birthright . by the declarations . iuly . octob. . the prosecution of the laws , and due administration of justice , are owned to be the justifying cause of the war , and the end of the parliaments affaires managed by their swords and counsells , and gods curse is by them imprecated , in case they should ever decline those ends . by the declaration . aprill . promise was made not to interrupt the course of iustice , in the ordinary courts . by the ordinance or votes of non-addresses , ian. . it is assured , that , though they lay aside the king ; yet they will govern by the laws , and not interrupt the course of justice , in the ordinary courts thereof . * and therefore this respondent humbly averreth and affirmeth , that the constitution of this court , is a breach of the publike faith of the parliament exhibited and pledged in those declarations and votes to the freemen of england . and upon the whole matter , the respondent ( saving as aforesaid ) doth affirme for law and claimeth as is right . that : . this court in defect of the validity of the said act , by which it is constituted , hath no power to proceed against him , or to presse him to a further answer . . that by virtue of magna charta , the petition of right & the before recited declarations , he ought not to be proceeded against in this court ; but by an ordinary court of iustice , and to be tried by his peers . and humbly prayeth : that this his present answer and salvo may be accepted and registred . eusebius andrewes . the second answer of col. eusebius andrews esquire , to the honorable , the high court of iustice . . the said respondent ( with the favour of this honorable court ) reserving and praying to be allowed the benefit , and liberty of making further answer , if it shal be necessary . in all humblenesse for the present answer offereth to this honorable court . that by the letter and genuine sense of the act entituled an act for establishing an high court of justice . the said court is not qualified to try a freeman of england ( such as the respondent averreth himself to be for life in case of treason . for that : . the said court is not constituted a court of record ; neither hath commission returnable into a court of record . so that : . the state cannot upon record ( and but upon record cannot at all ) have that account of their freemen , which kings were wont to have of their subjects , and states exact else where at the hands of their ministers of justice . . the freemen , and those who are or may be concerned in him , can have no record to resort to , by which to preserve the rights due to him and them respectively . viz. . a writ of errour in case of erronious judgment . . a plea of auterfoies acquit , in case of new question for the same fact . . an enlargement upon acquitall . . a writ of conspiracy , not to be brought untill acquitall , against those who have practised to betray the life of the respondent . . the writ of errour is due by presidents . paschae . ed. iii. john of gaunts case rot. parliament . . ed. iii. num. . count de arundells case . rot. parliament . ed. iii. num. . sr. john of lees case . . auterfois acquit appears by : wetherell and darleis case . . rep. . eliz. vaux his case . . rep. . eliz. . the enlargement appears by : stat. . hen. vi . chap. . diers reports fol. . the year book of ed. iv. . fol. . . the writ of conspiracy , by : the poulters case . , rep. fol. . this court is to determine at a day ; without account of their proceedings , and have power to try , judge , and cause execution : but not to acquit or give enlargement . so that the nocent are thereby punishable ; the injured & betrayed not vindicable . which are defects incompatible with a court of justice , and inconsistent with justice it self ; and the honor of a christian nation and common-wealth . . the members of this court , are by the said act directed to be sworn . . not in conspectu populi ; for the freemans satisfaction . . not in words of indifferency and obliging in equality . . but in words of manifest partiality , viz. you shall swear ; that you shall well and truly , according to the best of your skill and knowledge , execute the severall powers given you by this act . . if the court be triers and judges too , it is humbly offered by the respondent , that it is but reasonable ; that they should be sworn as triers ; in the sight of the freeman who shall be upon his triall . . and , that as justices of oyer and terminer ( they being authorised to hear and determine by the words of the act. they should take an oath , such as is usual & equal , set down e. iii viz : you shall sweare , that well and lawfully you shall serve our lord the king , and his people in the office of iustice , &c. and that you deny to no man common right . . or that this court ( taking notice of such high matters as treason , upon the guilt wherof the freemens life depends ) should take an oath ( at least ) as equall as a iustice of the peace . daltons iust. of peace , fol. . the words are . i a. b. do sweare that i will do equall right , &c. according to my best wit , cunning and power , after the laws and customes of the land , and the statutes thereof made , &c. . if the court will be judges and triers too : ( for they have power given them to conclude the freemen , by the opinion of the major number of twelve , holding some resemblance ( but with a signall difference ) with the verdict of a jury ) it were but reasonable that they should take an oath correspondent to that usually administred to iury-men . the words are , you shall well and truly try , and true deliverance make , betweene the keepers of the liberties of england , and the prisoner at the bar , according to your evidence . so help you god , &c. . when this court ( as it is now constituted ) hath condemned a freeman , by applying their skill and knowledge to the power given them , whether justly or not : the oath injoyned them by the act . march . is not broken , literally ; as to be exactible by man , though god will have a better account . and therefore upon the whole matter premised : the respondent ( saving as before ) averreth for law and reason ; this court by the words of the act constituting it ; is not qualified , ( in respect of the objected defects ) to passe upon him for life in case of treason . and praies this his l . answer may be received , with the salvo's , and registred . eusebius andrewes . the third answer of col. eusebius andrews esquire , to the honorable , the high court of justice . the said respondent ( with favour of this honourable court ) reserving and praying to be allowed the benefit and liberty of making farther answer , if it shall be necessary , in all humbleness for present answer offereth to this honorable court , . that it is his right ( if he admit this court to be duly and legally established , and constituted as to their being a court ) to be tried by his peeres ; men of his own condition and neighbourhood . . that it is within the power of this court , by the letter of the act . march . or ( at least ) not repugnant to the act ; to try him by such his peeres , &c. . that it is his right to be tried only so , appeares by : mazna charta chap. . . ed. . chap. . . ed. . chap. . . ed. . chap. . . ed. . chap. . and . . ed. . chap. . and . . ed. . chap. . by all which this right is maintainable ; and the proceedings contrary thereunto will be held for none , and to be redressed as void and erronious . so that if the lawes and courts were not obstructed in the cases of some sort of freemen of england , the whole proceedings contrary to these lawes without a jury of his peeres , were avoidable and reversable by writ of error , as appeares by the presidents vouched in the respondents d . answer . . that it is in the courts power , to try the freeman , and consequently the respondent by a jury , of his equalls ; the court is humbly desired to consider the words of qualification . . the court is authorised ; to hear and determine : and so ( if at all commissioners ) then commissioners of oyer and terminer , and such commissioners , in their naturall constitution and practicall execution , do proceeed against freemen according to law by a jury of their peeres , and not otherwise . . authorised to proceed to triall , condemnation and execution : but not restrained to the manner limitative : as , to triall by the opinion of the court , as triers . nor exclusive , as , to triall per pares . but is left in the manner , as in the judgement it self , to the opinion of the major part of . and if they shall think fit to try by a jury , it will be no offence against the act , there being no prohibition to the contrary . and though this respondent insisteth upon his said right , consisting with the courts said power , and the more to induce the court to grant him his said right ; he humbly representeth the wrong done to himself , and in him to the freemanzy of england in the following particulars , against their just rights depending upon such trialls to be allowed or denied . . challenges to his triers peremptory , or with cause of challenge . . seeing , hearing , and counter-questioning the witnesses for clearing of the evidence ; in matter of fact and circumstance . . the being convicted or acquitted by a full and fully consented verdict . to all which benefits as his undoubted right , and the right of all the freemen of england , the respondent maketh claim by these reasons , laws and presidents following . . the benefit of challenges by the learning of stanford in his pleas of the crown , title challenge fol. . to challenge . without reason shewed ; and with reason shewen , without number adjudged . hen. vi . in poinings case , abriged by fitzherb . tit. challenge , fol. . allowed in hillary . iac. s● . walter rawley and brooks . . to the hearing and questioning the value and weight of the witnesses . the laws are plain in stanfords pleas of the crown fol. . . stat. . and . of phil. and mary , chap. , . ed. vi . chap. . cookes . institut . pag. . upon the words in the st. . ed. iii. chap. . ( provablement atteint ) because the punishment was heavy , the proof must be punctuall , and not upon presumptions or inferences or streins of wit , nor upon arguments simili , or minori ad majus , &c. but upon good and clear proofs , made good also by the stat. . ed. c. . . ed. c. . . a verdict by jury passeth from all , or not at all , in this way of proceeding by the court immediatly : it passeth by way of concurrence ( or voting ) the great fault found with the star-chamber ; and all commissionary courts , proceeding without presentment or or enditement . . a verdict passeth from a jury before discharged , upon their affairs of busines , or supplies of nature ; to prevent corruption by mony or power . in this way of triall a man may be heard to day , and a sentence given at leasure , when the power and will of those by whom the freeman is prosecuted , be first known . and from such a proceeding this respondent can hope little equality ; he being ( to his knowledge ) forejudged already by them . and therefore ( if at all this honourable court think fit to proceed to a triall , of this respondent ) he claims the benefit of triall per pares : by evidence viva voce . and rests on the opinion of the court ; saving ( as formerly ) liberty of farther answer , if over ruled . and prayes that this his answer and salvos may be accepted and registred . eusebius andrews . notes, typically marginal, from the original text notes for div a e- vnumquodque conservatur eodem modo quo fit . in novum regnum vi armisque partum redigere , atque aliis novis legibus domanere ac guginare beberum . meteran . in anno . roidan . in anno . iohn fraunces petit. thuanus . petitioning against innovations in government , and for the knowne laws made treason , the like the parliament practiseth against such as petitioned for peace by accommodation . and against our high court of justice , arbitrary imprisonments and taxes . we have forfeited our laws by conquest or else our grandees would not passe the two acts for treason may . iuly . nor erect the high court of iustice , and abolish out ancient laws and government . see pol. . oct. . and the case of the kingdom stated . compare this with the two acts for new treasons . . may . . july . and the act . march . and sr. jo. gells case stated . our high court of iust. exceedes all this . see sr. j. gells case stated , printed aug. . in their tax rolls , they usually set in the margent to every name private notes of distinction . an m. an n or p. the letter m. stands for malignant ; he that is so branded , is highly taxed , and his complaints for redresse slighted , n. stands for a neuter he is more indifferently rated and , upon cause shewn , may chan●e to be relieved . the letter p. signifies a perfect parliamentarian . he is so favourably taxed , as he bears an inconsiderable part of the burden , and that they may the better consume with taxes and want , all such as do not concurre with them in the height of their villanies . the pretended harliament , are now debating to raise the monethly tax to . lib or to deprive every man of the third part of his estate , both reall and personall , for maintenance of their immortall warres , and short lived common-wealth . besides excise , customes , tonnage and poundage , freequarter , finding arms and horses ; and the sale of corporation lands now in agitation . whilest our grandees enrich all the banks of christendome with vast summer raised by publick theft and rapines . see stat. recognition . iac. the oaths of allegegeance , obededience and supremacy and all our law books . this stat. . ed. iii. e. . s. johns against strafford calls the security of the people . and the stat. . hen . chap. . ed. vi . chap. . . mariae j. ratify and highly commend . they have converted our ancient monarchy into a free-state ; and tell us they are the strate . they tell us they have bestowed liberty upon the people : but they and their petty faction onely are the people . all the rest of the english nation are annihilated , and reduced to nothing , that these fellows may become all things : meere ciphers , serving onely to make them of more account . and this grosse fallacy must not be disputed against , least their new acts of parliament call it treason . . a collusive accommodation . . an intened massacre . the engagement . . the high court of iustice . see stat. . ed. vi . chap. . & cookes . . inst. pag. . witnes about . scottish prisoners of warre starved to death at durham : where they eat one another for hunger . these were taken at the battle of dunbar an. . . sept. and many hundred prisoners have been murdered in goales , with hunger , cold , nastinesse , and contagion : after they have been robbed of their estates and no crime laid to their charge : this is now become a dayly practise . see the triall of k. charls i. in the history of independency . part. p. &c. see the additionel post script at the latter end of this book . see col. andrews answers . vvhere there is but one witnes , it shall be tried by combat before the earle martial cook ibidem . . dec. . a new act passed , for establishing an high court of justice in norfolk , suffolk , huntington , cambridge , lincoln and the isle of ely , &c. and so by degrees this gangrene shall enlarge it self all the kingdom over . notes for div a e- * they forget the . declarations . febr. . march . die lunæ, ⁰ april. . a letter from sir john hotham from hull, of the first of this april instant, expressing sir hugh cholmley's deserting the parliament; ... england and wales. parliament. house of commons. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing h thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) die lunæ, ⁰ april. . a letter from sir john hotham from hull, of the first of this april instant, expressing sir hugh cholmley's deserting the parliament; ... england and wales. parliament. house of commons. sheet ([ ] p.) april . london, printed for edward husbands, [london] : . votes of the house of commons relating to sir hugh cholmley. title from heading and first lines of text. signed: hen. elsynge, cler. parl. d. com. reproduction of the original in the british library. eng hotham, john, -- sir, d. jan. -- early works to . cholmley, hugh, -- sir, - -- early works to . great britain -- history -- civil war, - -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no die lunæ, ⁰ april. . a letter from sir john hotham from hull, of the first of this april instant, expressing sir hugh cholmley's desert england and wales. parliament. a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion official insignia die lunae , o april . . a letter from sir john hotham from hull , of the first of this april instant , expressing sir hugh cholmley's deserting the parliament ; and the re-gaining of scarborough by his direrections , by the courage and industry of captain bushell ; and his desires that captain bushell might have the command of that place , by his nomination , and receive his commands and orders from him , was this day read . resolved upon the question , that sir hugh cholmley be forthwith disabled for continuing any longer a member of this house . resolved upon the question , that sir hugh cholmley shall be for ever disabled for sitting as a member of parliament in this house , for falsly and perfidiously betraying the trust reposed in him by the parliament , falsifying his protestation , and revolting to the popish army raised against the parliament . resolved upon the question , that sir hugh cholmley shall be impeached of high treason ; master marten , sir peter wentworth , sir henry hayman master samuel browne , master sergeant wilde , master solicitor , master rous , and master strode , are appointed to prepare an impeachment of high treason against sir hugh cholmley . hen. elsynge , cler. parl. d. com. april . . london , printed for edward husbands . . certain proposals humbly offered by the bayliff and other inhabitants of cricklade in the county of wilts, to william lenthall and edmund webb, esquires, elected to serve for the borough of cricklade in the parliament to be held at oxford the th. of march, . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). b wing c a estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. b ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) certain proposals humbly offered by the bayliff and other inhabitants of cricklade in the county of wilts, to william lenthall and edmund webb, esquires, elected to serve for the borough of cricklade in the parliament to be held at oxford the th. of march, . lenthall, william, b. or . webb, edmund. sheet ([ ] p.) printed for robert clavell at the peacock in st. paul's church-yard, london : . reproduction of the original in the bodleian library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng legislators -- england -- wiltshire -- early works to . wiltshire (england) -- politics and government -- th century -- early works to . great britain -- politics and government -- - -- early works to . broadsides -- england -- th century - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - john pas sampled and proofread - john pas text and markup reviewed and edited - pfs batch review (qc) and xml conversion certain proposals humbly offered by the bayliff and other inhabitants of cricklade in the county of wil●s , to william lenthall and edmund webb , esquires , elected to serve for the borough of cricklade in the parliament to be held at oxford the th . of march , . i. that you would use your utmost endeavour for the maintenance and preservation of the true protestant religion , as it is now established in the church of england . ii. that you would mutually endeavour the preservation of his sacred majesties royal prerogative , and of the just rights and liberties of his subjects . iii. that you would by all lawful means endeavour the preservation of his majesties person and government from all attempts and conspiracies whatsoever . in order to which , iv. that you would use your utmost diligence in order to the full discovery and prosecution of the hellish and barbarous popish plot , and to bring all offenders to speedy and condign punishment , and utterly to abolish and root out all popish principles , tending to the subversion of government , in whatsoever sort , party , or sect of men you meet with them . london , printed for robert clavell at the peacock in st. paul's church-yard . . by the lords justices, a proclamation ... whereas this present parliament stands prorogued to the twenty ninth day of this instant november ... england and wales. lords justices. approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing e estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) by the lords justices, a proclamation ... whereas this present parliament stands prorogued to the twenty ninth day of this instant november ... england and wales. lords justices. broadside. printed by charles bill, and the executrix of thomas newcomb ..., london : mdcxcviii [ ] other title information taken from first three lines of text. "given at the court at whitehall, the third day of november, . in the tenth year of his majesties reign." reproduction of original in the british library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng proclamations -- great britain. great britain -- history -- william and mary, - . great britain -- politics and government -- - . - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion w r diev et mon droit honi soit qvi mal y pense royal blazon or coat of arms by the lords justices , a proclamation . tho. cantuar , sommers c. marlborough , romney , cha. montague . whereas this present parliament stands prorogued to the twenty ninth day of this instant november ; and it being his majesties pleasure , that the same parliament shall , upon the said twenty ninth day of november , be held and sit for the dispatch of divers weighty and important affairs : we therefore with the advice of his majesties most honourable privy council , have thought fit to issue this proclamation for declaring and publishing the same . and all the lords spiritual and temporal , and all the knights , citizens , and burgesses of the house of commons , are hereby required and commanded to give their attendance accordingly at westminster , on the said twenty ninth day of this instant november . given at the court at whitehall , the third day of november , . in the tenth year of his majesties reign . god save the king. london , printed by charles bill and the executrix of thomas newcomb , deceas'd , printers to the kings most excellent majesty mdcxcviii . an act for the apprehension of thomas cook esq; england and wales. parliament. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) an act for the apprehension of thomas cook esq; england and wales. parliament. sheet ([ ] p.) printed by john field, printer to the parliament of england, london : [i.e. ] order to print dated: die jovis, martii, . signed: hen: scobell, cleric. parliamenti. with parliamentary seal at head of text. reproduction of the original in the british library. eng cook, thomas -- early works to . treason -- england -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no an act for the apprehension of thomas cook esq; england and wales. parliament. a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion blazon or coat of arms an act for the apprehension of thomas cook esq whereas thomas cook of grays-inn in the county of middlesex , esq having been apprehended for treason by order from the councel of state , and brought before them ; and after examination had , and witness produced against him , ordered by them to be committed to the tower of london , in order to a tryal at law to be had aginst him for the said treason ; and being in custody , hath in sense of his own guilt made a voluntary escape , thereby endeavoring to avoid a iust and legal proceeding for the said treason so committed : be it therefore enacted and ordained , and it is enacted and ordained by this present parliament , and the authority thereof , that if the said thomas cook shall not within four days , from the twentieth day of march , in the year of our lord one thousand six hundred and fifty , render himself in custody to the sergeant at arms attending the parliament , and submit himself to a tryal at law for his treason committed , that then he the said thomas cook shall be , and is hereby declared guilty , and attainted of high treason , and shall suffer and forfeit as in case of high treason . and be it further enacted by the authority aforesaid , that if any person or persons whatsoever shall willingly and knowingly receive , harbor or conceal him the said thomas cook , such person or persons so doing , shall suffer and forfeit as traytors . and be it further enacted by the authority aforesaid , and the parliament doth hereby enact and declare , that if any person or persons shall by or before the first of may , which shall be in the year one thousand six hundred fifty one , apprehend the said thomas cook , and deliver him in custody to the said sergeant at arms , such person and persons for his care and pains therein , shall receive the sum of five hundred pounds of lawful money of england ; which said sum the said councel are by vertue of this act authorized and directed to make payment of accordingly . die jovis , martii , . ordered by the parliament , that the sheriffs of london and middlesex be authorized and required forthwith to proclaim this act at the usual times and places within the city of london and county of middlesex ; and that the respective sheriffs of the several counties be likewise authorized and required to proclaim this act forthwith upon receipt hereof , in the several and respective cities and market-towns within the several counties of this commonwealth . hen : scobell , cleric . parliamenti . die jovis , martii , . ordered by the parliament , that this act be forthwith printed and published . hen : scobell , cleric . parliamenti . london , printed by john field , printer to the parliament of england , . mercurius publicus: comprising the sum of forraign intelligence ...[no. ( june- july )] mercurius publicus (london, england : ) this text is an enriched version of the tcp digital transcription a of text in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a thomason e _ ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]; :e [ ]; :e [ ]; :e [ ]; :e [ ], etc) mercurius publicus: comprising the sum of forraign intelligence ...[no. ( june- july )] mercurius publicus (london, england : ) muddiman, henry, fl. - , editor. dury, giles editor. newcomb, thomas, d. or , publisher. v. began with numb. ( dec. - jan. ); ceased with numb. ( - aug. ). printed by tho. newcomb, london : title from caption. subtitle varies: , "... comprising the sum of forraign intelligence"; - , "... comprising the sum of all affairs now in agitation." by henry muddiman and giles dury. cf. nelson and seccombe. printed variously by: john macock, thomas newcomb, richard hodgkinson, d. maxwell, peter lillicrap, james cottrell. description based on: numb. . numb. ( - oct. ) is a second copy of the parliamentary intelligencer for those dates, mistakenly titled mercurius publicus. thomason collection does not have complete run. reels listed in chronological order of serial publication; holdings dispersed throughout collection. reproduction of the originals in the british library. enumeration begins again at numb. annually. no issue numbered in , no issue numbered in ; chronology is continuous. eng great britain -- politics and government -- - -- periodicals. great britain -- history -- charles ii, - -- periodicals. europe -- history -- - -- periodicals. a (thomason e _ ). civilwar no mercurius publicus: comprising the sum of forraign intelligence ... [no. ( june- july )]. anon. f the rate of defects per , words puts this text in the f category of texts with or more defects per , words. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - ali jakobson sampled and proofread - ali jakobson text and markup reviewed and edited - pfs batch review (qc) and xml conversion numb. . mercurius publicus : comprising the sum of forraign intelligence ; with the affairs now in agitation in england , scotland , and ireland . for information of the people . from thursday june . to thursday july . . to the kings most excellent majesty . the humble petition of the nobility and gentry of the six counties of north-wales . sheweth , that your petitioners being fully assured of the dutiful affections of their neighbours and country-men of the british nation in the six counties aforesaid , do in all humility and thankfulness to god and your majesty , on behalf of our selves and them , acknowledge those happy fruits of your majesties most gracious government whereof we have already tasted , in that security and freedome we enjoy in the liberty of our persons and property of our estates . and though we cannot make the least doubt ( being convinced thereunto by your majesties most pious and exemplary practice in matters of religion ) but that your majesties first and chief care is for the resettlement of the church upon the ancient foundation of truth and peace ; yet seeing we have suffered so deeply in the contrary practice by some that of late have had he power over us , who under the pretence of propagating the gospel , have for a long time shut up our churches , converted the endowman●s of the church to their own use , and sown the seeds of false doctrine and schism among us . your majesties petitioners think themselves in duty bound , to represent in all humility this grievance to your sacred majesty , and as the best expedient for the re-obtaining their form●r happiness in order to their eternal salvation ( without which nothing can be happy to them ) to beseech your majesty , that out of your pious and princely care , you would be pleased to cause all those good and wholesome laws for uniformity in religion , the government of the church , and the maintenance of the clergy , to be put in execution , which have been made since the reformation , whether by your royal , pre●ecessor , queen elizabeth , or your grandfather , and father of ever happy memory . and your petitioners shall pray , &c. subscribed by herbert , h. herbert , john salisbury , thomas middleton , thomas humphreys , and several other gentlemen of quality . by letters from edinborough of the , we have this further accompt of the solemnity , that the major general , after his remembrance of h●● majesty to the earl of scaford , fired the great cannon called mounce megg ( a cannon never fired but on extraordinary occasions ) after which followed all the guns in edinborough castle , 〈◊〉 cittadel , and the ships in the road . a plentiful largess was bestowed amongst the souldiery to heighten them in their joye● ; about fifteen hundred bonfires were ma●e on arthurs seat , one or forty load of coals , and at the major generals door one almost as big . after this was variety of fire-works , some burned in the water , other fl●w in the ayr , two castles firing one against the other , then several sorts of boxes thrown into the ayr , and falling in several shapes , which with divers others , gave great content to the spectators my correspondent there did further inform me , that what he vvrit concerning major ahernthey , vvas too greedily taken up by him from ● brisk report that vvas raised by some ill people , and desires it may be amended in the next p●●nt , vvhich for his and the readers satisfaction i have done accordingly . as for major aberlu , my friend of the intelligence office , hath not yet told me vvhere he lives , till which time i must desire that gentlemans pardon . whitehall . on thursday , being the day appointed for the thanksgiving for his sacred majesties restauration in his majesties passage ●●●ween the guard-chamber , and his closet , stood a person nee● up 〈◊〉 will w●●h a drawn sword under his cloak , which was not 〈…〉 discover● ; 〈…〉 m●jesty passing 〈…〉 george 〈◊〉 se●jeant at a●●s , casting ●is eye about for the security of his m●jesties 〈◊〉 , di●●overed the 〈…〉 sword , and thereupon presently with his mace seized 〈◊〉 the person ●ook from 〈◊〉 the said naked sword , and upon view found the s●m● to be a 〈◊〉 sword back ●ilted , ●●●ked half way down from the point , a weapon ●it 〈◊〉 a 〈…〉 , but by the care and p●●denc● of the 〈◊〉 , his majesties 〈…〉 mischief was prevented , the person secured , and his maj●●●●●● 〈…〉 by a right honorable the earl of pemoroke , and the party remains under examination . friday . his majesty with his two royal brothers , the dukes of york and glocester , with several of the nobility and gentry , went to copt-hall , where they were highly treated by the earl of middlesex . on saturday his majesty , with their royal highnesses his brothers , his excellency , with divers of the nobility and gentry , were highly entertained at roehampton . from his excellencies quarters at the cock-pit . on monday his excellency granted a commission to major richard fincher , to be major to col. nortons regiment at portsmouth . also a commission to captain potts , son to sir john potts , to be a captain in the same regiment . sir john mennes having a patent from his majesty to be governour of d●al castle , his excellency ordered the present governour forthwith to surrender it to him . william bing esq hauing a patent for weymouth castle , his excellency ordered the present governour forthwith to surrender it to him . his excellency hath by commission given the command of the regiment which was lately col. hackers , to francis lord hawley , viscount duncannon . he hath likewise given a commission to sir chichester wrey , to be major of that regiment , to sir francis vincent baronet , sir thomas stukeley , james muldiford , and _____ sherrard , to be captains in the same regiment . on friday his excellency sate in the house of commons , and took his leave of them , having such honours conferred on him by his majesty , as puts him in an higher capacity . major abr. holmes , timothy clare , nicholas lockyer , r. jones , anth. spinage , and _____ gregory captains , commissary everard , lievt. hendly , lievtenant goff , and one corporal brown , formerly committed to the custody of the marshal general , and being no officers in this present army , were on saturday by his excellencies order discharged of their imprisonment , upon giving security to be true and loyal subjects to our soveraign lord the king , and not to disturb the publick peace of his majesties kingdomes . london . the artillery company meeting on tuesday the of june , . at a general court then held in the artillery garden did unanimously make choice of his highness the duke of york to be their commander in chief , and made choice of twelve of the court of a●sistants , to acquaint his highness the ewith , and desire his acceptance . on saturday the th of june , the lord lucas , sir john robinson , lievtenant of the tower , their deputy president , with col. shepherd , and others of the assistants accordingly , went to whitehall , to attend his highness , and being commanded by him to come into his bed cha●●●● , the l. lucas acquainted the duke that these gentlemen of the artillery company were come to tender their services unto his highness , and to acquaint him what they had done in reference to his election to be their commander in chief ; then col shepherd was desired to declare the mind of the company , which he did in these words following : may it please your highness , we are commanded by the artillery company to acquaint you , that at our general court your highness was with one heart and one hand freely chosen to be our commander in chief ; but we durst not have so presumed , had we not known that your highness was a lover of arms in general , and that in the year . you manifested so much love to that company in particular , that you honored us so far , as to enter your self to be a member of it ; and it being the ancient custome of our company still to have liberty to make choice of one of the members of it to be our commander , we do humbly pray your highness will pardon our boldness , and be pleased to own us as your own company , and to accept of our earnest request to be our commander in chief , and we shall be ready to yeild obedience to your highness commands . and humbly pray for the encrease of your highness prosperity and happiness . upon which motion his highness did very lovingly accept of it , and them , and promised they should still continue their ancient priviledges and customes , and he would be ready to do what he could for them : then he asked what number they might be ; it was answered , about four hundred or five hundred , and that they hoped they should be above three hundred in arms on thursday next to attend him , and if they were commanded , should be ready to wait upon him that very day at whitehall ; and when the company was drawn up , they should deliver unto him their leading st●ff , according to custome : to which he replyed , he would accept of it , and returned them hearty thanks . on friday the th , a committee of aldermen and common-council went to invite the lords of his majesties privy-council to dinner with them at guild-hall , july . the day appointed by his majesty , which they were pleased to accept of : they likewise made a particular invitation to the lord chancellor , and several other persons of honor , which they were pleased to accept . his sacred majesty in consideration of the eminent services and constant loyalty of sir john robinson knight and baronet , alderman of london , made him lievtenant of the tower , which on friday he took possession of . to morrow doctor reynolds is to preach before his majesty in his chappel at whitehall . venice , june . . we have received a confirmation of the taking of the castle of schiatto , by gen. morosini , who hath given leave to turks , that were there in garrison , to go out with their families , and gave to the aga that commanded them , a vessel to transport himself to the next continent . after which exploit he went to the isle of cerigo with his army . m. marco b●mb● , general of candia , hath sent word hither , that the turks having drawn their forces within a pistol shot off the out-works of the metropolitan city of that island , they found there such resistance , that they were forced to retire with great precipitation and loss of men : and that they were expecting with great impatience the supplies of the christian princes , to recruite their souldiers , above of theirs being lately dead of several diseases . st. john de laz , iune . . the instant , the count of fuenseldagne , extraordinary embassadour of spain , having been met at aurogna by the marshal de cl●remb●ut and m. de chabenas , bonnevil introductor of the embassadours , who went to fetch him with the kings coaches , followed by the coaches of all the lords of the court , made his entrance into this town with a magnificent retinue , as you have heard already . he was conducted to the lodgings prepared for him , and presently after v●sited by the duke of crequi , in the name of the king ; by m. de st. ange for the queen mother , by the marquis of h●utefort for the queen , by the count of va●llac for monsieur the kings brother , and by the abbot of par●bere for the cardinal mazarin . then the count of armagnac , great master of the horse , with the said m. de bonnevil , went to fetch him with the kings coaches and brought him to his audience . that night the cardinal m●zarin feasted him at supper , and the king gave him the pleasure of a spanish comedy . the . the two queens made their devotions at the church of the 〈◊〉 . the same day cardinal mazarin met again with don lewis d' aro at the isle of the conference . the . then majesties went to take the air upon the seaside , and the the whole court went away from hence for bayonne . bayonne , iune . . the instant , the queen made her entrance here with all 〈…〉 . the king , monsieur his brother and the queen mother came first into this c●ty . the princess arrived here in a very rich coach , being accompanied by t●e princess palatin● , and the dutchess of n●v●illes . there w●nt before her 〈◊〉 , all the other coaches for her houshold , with six trumpets of the kings , four of the chamber , and two others , at the head of the gensd ' armes and the light horsemen . the kings life-guard was about her coach , and the queen mothers guards , and the company of musketeers on horse back were at the rear . when she came to a triumphant arch erected out of the gates , with a rich canopy of red damask spread with golden flowers de luce , she alighted , and ascended the throne prepared there , where being under the canopy , with the crown on her head , the duke of espernon , governour of this province , who was come hither purposely to receive her majesty in this first city both of his governmenment and of the kingdom , presented to her the officers of the senechal and the jurat● , who made their speeches to her majesty ; which done , he presented to her majesty , in a bison , the keyes of the city . then coming down from her throne , she was conducted by four consuls under another canopy of cloth of gold and silver to her coach . she continued her journey , two ushers of the chambers going before her with the maces , the four consuls carrying the canopy , and all the corporations of this city in their formalities ; at the sounding of the trumpets her majesty came into the town , through the streets hung with rich hangings , and strewed wi●h flowers , and went to the cathedral church , the avenues whereof were lined by two files of the company of the switzers . her majesty went in under the canopy , and was received by our bishop and his clergy with his usual ceremonies , who conducted her to the great altar , where the te deum was sung . from thence her majesty went to the kings lodgings through some streets richly adorned , and lined with m●squ●●ce●es , gen●d●rms , and light-horsemen . at night the ceremony was ended by bonfires lighted every where , with an infinite number of lights at the windows , continual shooting of the canons , and the inhabitants muskets , by the reiterated acclamations of the people high and low , and by all other tokens of an extraordinary joy , befitting the first city of the kingdom that had the honour to receive a princess , to whom the nation is engaged for its tranquillity . the next day their majesties went to mass to the same church ; and having again received the complements of our consuls , they went that night to aqs. the count de fuenseldagn hath bin feasted at b●dache by marshal duke de grammont , with his ordinary sumptuousness and neatness ; which hath given great satisfaction to the said ambassadour , who could not but admire the beauty and richness of that house , where nothing is wanting that can contribute to the ornament of a house of pleasure . amsterdam , iune . . the instant , the royal princess having been entertained with rich presents by the chamber of the east-india company , went away from hence towards harlem . the affairs of the prince her son go on very well in our provinces , the states of zealand having appointed commissioners to draw a list of the charges and places formerly possessed by his predecessors , and settle all things again as they were in . mont de marsan , june . . their majesties being come from bayonne to aqs , came on the to b●zas , and the next day arrived here . this town vvas prepared to receive them with a greater solemnity then vvas performed , because the king would not suffer it , having bin pleased to accept of our respects , expressed to their majesties by the speeches of the corporations of justice , and of the town , and of our affection test●fied unto them by the great and joyful acclamations of all ou● people . the . their majesties went from hence for burdeaux . narbone june . the instant about three a clock in the morning there was a great earthquake here , which did much affright us . we hear that the like hapned at the same time at bourdeaux , montpellier , beziers and other places . mr. de merenville hath given order for drawing , with all possible diligence out of roses and cap de quiers , all the artillery and amunitions that were therein : the spaniards being already arrived to the port of the said roses , with all things necessary to take possession of it . naples , june ● . . mr. elpidio beneditti , cardinal mazarines agent , is gone from hence to rome , being very well satisfied with the vice-roy , who presented him six brave horses . the occasion of his voyage was for the re-establishment of the prince of monaco into all the lands belonging to him in this kingdome , according to the treaty of peace . besides the . italians , and . germans , lately sent from hence into spain , with abundance of ammunitions and provisions : the forces that are in the milanez , being . foot , and . horse , are to be transported also thither in the galleys of this kingdome , to be imployed against portugal . cardinal filomarini's goods have been seized on . rome , june . . the cardinal maldachini , formerly fallen into the popes disgrace , hath been recalled home by the mediation of cardinal antonio . but the pope having chidden him very bitterly , when he went to kiss his toe , and make his submissions unto him ; the cardinal took it so much to heart , and was so highly displeased at it , that he hath since withdrawn himself again from rome . madrid , june . . the marquis of manzera , ordinary ambassadour of the republick of venice in this court , hath been recalled , and is to discharge the same fu●ction in the court of france . the spaniards are very much incensed at the late invasion made by the portuguez upon the spanish dominions , 〈◊〉 it is reported , that for to be revenged of it , they are resolved to make incursions into portugal , and to make there as great havock as they can , for which end , orders have been given to fall on that kingdome on all sides . the marquis of vianes , governour of galicia , doth march that way with foot , and horse ; and the governour of camara marcheth another way with his forces . we hear that those of lisbon are very much disgusted at the queen of portugal , and that the council of the chamber hath taken from her the management of the affairs . turin , june . . the two regiments of foot that are sent to the supply of the venetians , were shipped away eight dayes since , upon the po , but the horse are not gone yet . the governour of milan hath demanded leave to raise some new forces in savoy . two french pirates bearing the flag of savoy , have lately seized upon a grecian vessel coming from algier to marseille , which is intended here to be restored with all its lading . the king of france hath desired that his subjects should pay no toll at villefranche , which not being granted , it hath caused some distaste ; and we hear , that what comes from dauphi● into savoy , is seized there . riga in lifland , may . the news being come hither how vice admiral ruyter had seized on to suedish ships about copenhagen ; our governour hath likewise made an imbargo upon all the ships and goods belonging here to the dutch , and doth threaten a confiscation of them , unless the peace be suddenly concluded . dantzick june . all things are preparing for the dyet which is to be held at warsow , about the latter end of this month ; but it is reported that the nobility will not come thither , till after the king of poland hath given them satisfaction upon their demands . the great duke of moscovy is so much alarm'd by the peace concluded between sueden and poland , that he hath sent an embassadour to the king of poland , to make some propositions to him , much more advantageous then the former , with order to repair to warsow afore the opening of the dyet , where the states , after they have ended the business of the ratification of peace , are particularly to take into consideration how to expel the moscovites out of lithuania , it being resolved to give the chief command of all the forces to be imployed against them , unto general czarnesky , and the lieutenantship to the waywode sapiha . the count koningsmarck hath shipped away part of his retinue for lubeck , whither he is to go as soon as the news comes of the restauration of the duke of curland into his dominions . wismar , june . since the conclusion of the peace between the kings of sueden and denmark , we enjoy here a perfect tranquility , although the imperial forces be not yet removed from macklenburgh and pomerania , their officers keeping such an exact discipline among them , that the country is no way annoyed by them . a suedish ship riding before warnemunde to receive the toll of all the ships coming into rostock and going out from thence , was lately fired by a thunderbolt that fell upon her : all the souldiers that were aboard her were consumed by the fire . collen june . the instant the young prince , of whom the dutchess of newburgh was brought to bed two days before , was christened at duss●ldorp with great ceremonies . the differences betwixt the city of munster and the bishop are so far from an accommodation , that at present both the parties have no other thoughts but to put themselves in posture to right themselves by the way of arms . that prelate who hopeth to have assistance from several princes of the empire , being resolved not to abate any thing of his pretentions , and the city being resolved to venture all for the preservation of their privile●ges . advertisement of books newly printed and published . ☞ {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} nasorah , seu critica divina , or a synoptital directory on the sacred scriptures . the first part , containing the several canons of both scriptures ; namely , of the old and new testament . ( as the same are distinguished in the general analysis , at the begining of this treatise . ) by ferdinando parkburst {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . sold by g. bedel , and t. gollins , at the middle temple-gate , fleetstreet , and james mag●●s , near the piazza in covent garden . there is a book newly come forth in defence of christ jesus , scriptures , ministry and ministers , against some principall quakers . by francis duke of westminster . sold by miles michael in westminster-hall , the first sh●p on the right hand . the silent soul , with soveraign antidotes against the most miserable exegents , or a christian with an olive leaf in his mouth , when he is under the sharpest tryals and troubles , the sadd●st and da●kest providences and changes ; and published by thomas brook , preacher of the gospel at margaret fish-street hill . app●or of gold for young men and women , and a crown of glory for old man and weomen , or the happiness of being good betimes . by the same author . a string of pearl , or the best things reserved till last ; with a serious discourse touching a well-grounded assurance of mans everlasting happiness and blessedness . a book of short-writing , the most exact lineal , and speedy , that hath been published . by theophilus metcalf . that sheltons short-hand book in latine , very useful for all schollers , and foreign nations , newly translated and cut in b●ass plate . all five sold by john hancock in popes head alley , the first shop next corn-hill . ☞ we must call upon you again for a black dog , between a grey-hound and a spaniel , no white about him , onely a streak on his brest , and his tayl a little bobbed . it is his majesties own dog , and doubtless was stoln , for the dog was not born nor bred in england , and would never forsake his master . whosoever findes him may acquaint any at whitehal , for the dog was better known at court , than those who stole him . will they never leave robbing his majesty ? must he not keep a dog ? this dogs place ( though better then some imagine ) is the only place which no body offers to beg . advertisements . ☞ a leather portmantle lost at sittingburn or rochester , when his majesty came thither , wherein was a suit of camolet holland , with two little laces in a seam , eight pair of white gloves , and a pair of does leather ; about twenty yards of ski●-colour'd ribbon twelvepenny broad , and a whole piece of black ribbon ten penny broad ; a cloath lead coloured cloak , with store of linnen ; a pair of shooes , slippers , a montero and other things ; all which belong to a gentleman ( a near servant to his majesty ) who hath been too long imprisoned and sequestred , to be now robbed when all men hope to enjoy their own . if any can give notice , they may leave word with mr. samuel merne his majesties book-binder , at his house in little britain , and they shall be thankfully rewarded . a black mare handful high , with a star in her forehead , with a long tayl never dockt , five years old . lost out of a piece of a g●ound near cambden-house , kinsing●on : if any one can give notice of her to mr. richa●d kellaways at the rose in knights-bridge , or to mr. james pierce at the white-hea●t in long-acre , they shall be well rewarded for their pains , whitehal wednesday the of june . this day the maior of st. albans , accompanied with mr. foxwist the recorder , and some of the principal burgesses his brethren , as the representative of the said corporation , made their humble address to his majesty , the recorder making a short and pithy speech by way of congratulation of his majesties happy restauration to his royal throne ; and assurance of their loyalty and allegiance to his majesty : and presented him with a resignation of the fee-farm-rent purchased by the corporation in his majesties absence , and the arrears incurred in the mean time being a l. in gold , which his majesty was pleased graciously to accept , and to express his kind acceptance thereof , and that the corporation should , as occasion required , participate of his royal grace and favour . from innerness , june . i have as i acquainted you in my last , made inquiry into the business of capt. roll , which was contradicted in some late pamphlets , but upon discourse with sir james smith and mr. calmady . i finde that the said capt. roll was seised for speaking words , and that mr. calmady giving too much credit to him that brought the note , did in haste sign it . wednesday , dr. colladon , deputy from the common-wealth of geneva , having presented unto his majesty the letters of the lords syndicks and magistra●es , and of the pastors and professors of that place , congratulating his majesties happy return and restauration to his kingdomes ; and demanded in their name of his majesty , the continuation of his royal favour and good affection towards them . his majesty was pleased to return them thanks for their expression of so cordial a respect , and to give to the said deputies a very gracious and acceptable answer upon his demand . his majesty having been pleased to bestow a grant for the degree and honour of baronet upon nicholas steward of hartly mawditt , in the county of southampton ▪ esquire ; a patent passed under the great seal of england for conferring the said honour and degree of baronet upon the said sir nicholas steward accordingly . whitehal . on monday last colonel sir john robinson , alderman of london , and a member of this parliament , was by his majesty made lieutenant of the tower of london , an action most acceptable not only to the city and parliament , but indeed to the whole nation ; the very prisoners themselves being glad of his company . the kingdome having for a long time , by reason of his majesties absence , been troubled with the evil , great numbers have lately flocked for cure . his sacred majesty on monday last touched in the banquetting house , amongst whom , when his majesty was delivering the gold , one shuffled himself in , out of an hope of profit , which had not been stroak'd ; but his majesty presently discovered him , saying , this man hath not yet been touched . his majesty hath for the future appointed every friday for the cure , at which time . and no more are to be presented to him , who are first to repair to mr. knight , his majesties chyrurgion , living at the cross-guns in russel street , covent-garden , over against the rose tavern , for their tickets . that none might loose their labour , t is thought fit to make it known , that he will be at his house every wednesday and thursday , from two till six of the clock , to attend that servic● : and if any person of quality shall send to him , he will wait on them at their lodgings upon notice given to him . on tuesday his majesty was pleased to be at supper with the lord barcley , where he was very highly entertained . his majesty hath been graciously pleased , to make sir william compton , brother to the earl of nothampton , master of his majesties ordnance ; col. william legge , lieutenant of the ordnance ; persons that have suffered with his majesty in all his troubles ; and major francis nicols surveyor of his ordnance ▪ his faithfulness in adhering to his excellency in all these late changes . these following were restored to their offices , being formerly put out for serving his majesty , viz. edward sherborne to his place of clerk to his majesties ordnance , mr. marsh to his place of storekeeper , and mr. clark formerly commissary general in his late majesties army , to his place of clerk of the deliveries . his majesty conferred on mr. hore the office of comptroller of his majesties mint . that the souldiery may see the affection that his sacred majesty hath for the army , he hath been pleased to do them so much honour , as to take that regiment that was lately col. unton crooks , for his own , which is now stiled , the royal regiment : what the names of the officers are , you may see in the next . his highness the duke of york , hath so far honoured the regiment of the lord falconberg as to own it , which is now called , the duke of yorks regiment , the lord falconberg and the officers being still continued . from his excellency quarters at the cock-pit . his excellency ha●h been pleased , lately to change some officers , and dispose their commands to o●her● . he hath given the command of the troop late captain shermans , in the lord viscount falklands regiment , to col. henry heylin . the t●oop that was late capt. greenwoods in the same regiment to capt. tho. mo●ley . the company late major waterhouse's in col. daniels regiment to capt. leonard aizay . his ex●ellency hath likewise commissi●ned major adam brown , brother to sir ambrose brown , to be major of sir anthony ashley-coopers regiment , being about to confer a greater honor on major harley . london . the lord major and aldermen of london , upon a message from the lord chamberlain , delivered by serjeant charnock , concerning his majesties reception , have ordered the streets to be railed on one side ; all the livery-men will stand in their formalities , with banners and streamers , distinguishing each company ; on the other side the guards . the guards to wait on his majesty by eight in the morning at whitehal , where the lord major , aldermen , and city officers in their gowns , with about of the several companies , are to attend in their velvet coats and chains , and footmen following them ; from whence they proceed in this order , first , the citizens in velvet coats and chains , with banners of distinguishment ; the aldermen in their gowns , next the serjeants at arms and heralds , after them immediately before the kings coach , the lord major bare with the sword ; with garter the king at arms on the right hand , and his majesties gentlemen usher on the left ; after which , his majesties coach guarded on both sides with his royal band of pensio●●●s and querries ; after his majesties coach , follow the house of lords and commons in their order ; at cheapside they have appointed pageants . of this and other entertainment , you may expect more in the next . westminster . phineas paine that was lately committed upon misinformation given , that he was the person that executed his late majesty , is upon examination discharged . london , printed by j : macock , and tho. newcomb , . by the king. a proclamation concerning his majesties gracious pardon, in pursuance of his majesties former declaration england and wales. sovereign ( - : charles ii) this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing c thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) by the king. a proclamation concerning his majesties gracious pardon, in pursuance of his majesties former declaration england and wales. sovereign ( - : charles ii) charles ii, king of england, - . sheet ([ ] p.) printed by john bill and christopher barker, printers to the kings most excellent majesty, london : . dated: given at our court at whitehal, the fifteenth day of june, in the twelfth year of our reign, . annotation on thomason copy: "june ". reproduction of the original in the british library. eng pardon -- great britain -- early works to . great britain -- history -- charles ii, - -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no by the king. a proclamation concerning his majesties gracious pardon, in pursuance of his majesties former declaration. england and wales. sovereign a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - john pas sampled and proofread - john pas text and markup reviewed and edited - pfs batch review (qc) and xml conversion by the king . a proclamation concerning his majesties gracious pardon , in pursuance of his majesties former declaration . charles r. charles by the grace of god , king of england , scotland , france and ireland , defender of the faith &c. whereas by our declaration , dated at breda the / day of april last past , we did declare , that we did grant a full and general pardon , which we were ready to pass under our great seal of england , to all our subjects , of what degree or quality soever , who within forty days after the publication there of , should lay hold upon that our grace and favor , and should , by any the publick act , declare their doing so , and that they returned to the loyalty and obedience of good subjects , excepting only such persons as should be excepted by parliament . and we did further declare , that ( those only excepted ) all our subjects , how faulty soever , should rely upon the word of a king , solemnly given by that our declaration , that no crime whatsoever , committed against vs , or our royal father , before the publication thereof , should ever rise in iudgment , or be brought in question , against any of them , to the least indammagement , either of their lives , liberties , or estates ; or ( as far forth as lay in our power ) so much as to the prejudice of their reputation , by any reproach , or term of distinction , from the rest of our best subjects . we desiring , and ordaining , that thenceforward all notes of discord , separation , and difference of parties , might be utterly abolished amongst all our subjects , whom we invited , and conjured to a perfect vnion amongst themselves , under our protection , for the resettlement of our just rights , and theirs in a free parlament ; which our said declaration we sent inclosed in our letters , to both houses of parliament , and the same was by them received the first day of may last ; and afterwards according to our intention and will was printed and published for the satisfaction of our subjects . and whereas , afterwards , ( that is to say ) the seaventh day of june instant , our commons assembled in parliament , did resolve and declare , that they did by that their publique act , for , and in behalf of themselves , and every of them , and of all the commons of england , of what quality or degree soever they were , lay hold upon our free and generall pardon , according as in our said letters and declaration it was granted , tendred , or expressed . and that our house , with their speaker , did attend , and present to vs their humble desire ; that it may be as effectuall to all our subjects in particular , ( except , as before excepted ) as if every of them , had at any time since the first of may last , personally layd hold upon our grace and pardon , and by publique act declared their doing so ; and that wee would be pleased to declare our acceptance thereof accordingly , and by our royall proclamation to assure the hearts of our subjects of the same . we being very willing and desirous to administer all just satisfaction and ease to the mindes of our people , and to remove all feares and and iealousies which may concern their security ; and to manifest to them , and the world , that our heart is possessed with the same clemency and tenderness towards them , that wee expressed in that our declaration ; which if it were not , we should not think our self worthy of those signal belssings which god almighty hath powred upon vs , and the nation since ; and by the publication of that our declaration , in the cheerfull obedience of our subjects , do hereby publish and declare ; that we do graciously accept the said address of our said house of commons , to the full intent and end thereof , and on the behalf of all the commons of england , and that we will very willingly and cheerfully give our royall assent to the said act of free and general pardon , when it shall be presented to vs by our two houses of parlament , and which we do with some impatience expect , as the most reasonable and solid foundation of that peace , happiness and security , we hope , and pray for , to our self , and all our dominions ; and for the better manifestation of our gracious intentions and desire herein ; and in regard that the great deliverations of our houses of parliament , upon all the weighty affairs of the kingdom , cannot admit that expedition , in the dispatch of this bill , which the general fears and apprehensions of our people may long for ; and , that the consideration of excepting notorious delinquents , may not stop the current of our mercy and grace towards the generality of our subjects we leave it to themselves to take and sue out , our particular pardons , in such manner as they think fit ; and to that purpose we have appointed our secretaries of state to present warrants to vs for our signature , directing our atturney general to prepare bills , for the passing pardons to such , who shall desire the same ; in the issuing whereof , we will take it upon our self , and it shall be our care , and the care of those our ministers , through whose hands the same are to pass , that no pardon shall pass to any of those notorious offenders , who are in danger , or like to be be excepted by the parliament : and we have given order to our attorney-general , and council at law for preparing as full a pardon of all treasons , felonies , and other misdemeanors , for all other persons , which have happened or been occasioned by reason of the late troubles , as they can wish . given at our court at whitehall , the fifteenth day of june , in the twelfth year of our reign , . london , printed by john bill and christopher barker , printers to the kings most excellent majesty . . the declaration of the right honourable the duke of buckingham, and the earles of holland, and peterborough, and other lords and gentlemen now associated for the king and parliament, the religion, lawes, and peace of his majesties kingdomes. with three letters (delivered july the .) one to the house of peers; another to the house of commons: and the third to the ld. major, aldermen, and commons of the city, in common-councell, assembled. buckingham, george villiers, duke of, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing b thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) the declaration of the right honourable the duke of buckingham, and the earles of holland, and peterborough, and other lords and gentlemen now associated for the king and parliament, the religion, lawes, and peace of his majesties kingdomes. with three letters (delivered july the .) one to the house of peers; another to the house of commons: and the third to the ld. major, aldermen, and commons of the city, in common-councell, assembled. buckingham, george villiers, duke of, - . holland, henry rich, earl of, - . peterborough, henry mordaunt, earl of, ?- . [ ], , [ ] p. [s.n.], london : printed in the yeare, . the duke of buckingham = george villiers; the earles of holland and peterborough = henry rich and henry mordaunt. in this edition line of title ends: (delivered july the .). annotation on thomason copy: "july. th". reproduction of the original in the british library. eng law -- england -- early works to . religion and state -- england -- early works to . great britain -- history -- civil war, - -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason e _ ). civilwar no the declaration of the right honourable the duke of buckingham, and the earles of holland, and peterborough, and other lords and gentlemen n buckingham, george villiers, duke of a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion the declaration of the right honourable the duke of buckingham , and the earles of holland , and peterborough , and other lords and gentlemen now associated for the king and parliament , the religion , lawes , and peace of his majesties kingdomes . with three letters ( delivered july the . ) one to the house of peers ; another to the house of commons : and the third to the ld. major , aldermen , and commons of the city , in common-councell , assembled . london , printed in the yeare , . the declaration of the right honourable the duke of buckingham , and the earles of holland and peterborough , &c. finding this conjuncture to be the proper time , when this wearied kingdome may be delivered from those miseries , it both hath and may apprehend yet to feel , by such persons , as are il-affected to our peace ; who at this time without authority or commissions , disperse themselves into all parts , to raise forces , with no other intention , but to continue a bloudy and intestine war , which may prove dangerous to the whole kingdome from the assistance they find by the committees of the severall counties , who have so abused their power and the people , by an arbitrary way of government , as they shun and apprehend nothing more then what we shall endeavour and seek , peace , and a wel-setled government ; and therefore that the whole kingdome may be satisfied upon what grounds and principles we go to oppose and prevent this mischief and danger , we do here declare that we do take up armes for the king and parliament , religion and the known laws , and peace of all his majesties kingdomes : professing before almighty god , that we have no other designe in this undertaking , but to see this well , and speedily established , and will with readines and joy lay them down whensoever god shall give us the injoyment of this blessing , professing that whatsoever may be our successe and prosperity in this good cause , we shall not say by way of menace to the parliament , that we will use the power god hath put into our hands , but shall blesse god that he hath made us the instruments to serve the king , the parliament and kingdome in the way of peace , in a just and equall composure between them ; and we hope the city and the kingdome , will well weigh and consider whether they may not more reasonably and conscionably joyne with us in these pious and peaceable resolutions , then with those forces that have by their breach of faith , and their disobedience , kept up the sword , when those that delivered it into their hands , commanded the laying of it downe ; which disobedience hath brought this fresh storm of bloud , that is now falling upon this kingdome , and all those fears and confusions that petitions daily shew to be in the thoughts and apprehensions both of the city and the whole kingdome : we might adde sad circumstances that are of late discovered and broken out concerning his majesties person , and likewise a confused and levelling undertaking to overthrow monarchy , and to turn order that preserves all our lives and fortunes into a wild and unlimited confusion ; but we desire not to expresse any thing with sharpnesse , since our ends and pursuit is only peace ; which shall appear to all the world , whensoever we may see a personall treaty so begun with his majesty as we may expect a happy conclusion by it , that cannot follow but by a cessation of armes , which in all parts of the world hath accompanied these treaties , even between the bitterest enemies , christians & turks , much more to be expected in these our civill divisions amongst our selves , for the sword should not be in action as long as a treaty of peace is in agitation , since accidents of hostility on both sides will sharpen and divide us rather then close and unite us . this we thought fit both to desire and to declare that the discourses that may be raised upon our actions , may not have power to abuse the kingdome , as if we did only move in a way to set up his majesty in a tyrannicall power , rather then in his just regall government , the which hath been alwaies found in this nation , very well consistent with the due rights and freedoms of parliament , the which we do here most faithfully protest the endeavouring a preservation of , and call god to witnesse of our sincerity in this intention . holland . g : buckingham . peterborough . for the right honourable , the speaker of the house of peers . my lord , we doe here take away your jealousies by giving you a cleer knowledge of our designes ; which if you shall be pleased to communicate to the house of peers , we hope they will find , we do not vary from those principles and grounds , we have been ingaged in , both from his majesty and the parliament , which god give them grace so to think , and advise upon it , as his majesty may find his just rights , according to our covenant and declarations , and the parliament rise and recover the dignity due unto them , by a speedy way of setling the peace of this distracted kingdome . your lordships most humble servants , g. buckingham . holland . peterborough . the same to the house of commons . to the lord major , aldermen , and commons of the city in common-councell assembled . having a long time beheld the sad calamities and miseries of these kingdoms , and finding no other means for redresse , we are forced into this undertaking , which we desire may be rightly understood of all that are wel-affected , especially of this city , whose actions and endevours do sufficiently evidence their good affections . to this end we have inclosed a brief account of our intentions , which we hope may give satisfaction both to you , and the whole kingdome , whose assistance , ( with gods blessing ) we desire no farther , then our designes are reall for the good and happinesse both of the king , parliament , and kingdome , according to our covenant , your humble servants , g. buckingham . holland . peterborough . finis . by the king, a proclamation concerning the prorogation of the parliament england and wales. sovereign ( - : charles ii) approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing c estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) by the king, a proclamation concerning the prorogation of the parliament england and wales. sovereign ( - : charles ii) charles ii, king of england, - . broadside. printed by john bill and christopher barker ..., london : . "given at our court at salisbury the thirtieth day of august, in the seventeenth year of our reign, ." reproduction of original in the cambridge university library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng plague -- england -- london. great britain -- history -- charles ii, - . great britain -- politics and government -- - . - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - john pas sampled and proofread - john pas text and markup reviewed and edited - pfs batch review (qc) and xml conversion by the king. a proclamation concerning the prorogation of the parliament . charles r. whereas since our last session of parliament the same was prorogued by vs until the third day of october then next coming and now near at hand , at which time we did fully intend to have held our next session of parliament at westminster , if it had pleased god to remove the infection of the plague from the cities of london and westminster , or to abate it in such measure that the parliament might have met there , without the manifest peril of the lords spiritual and temporal , and the commons : and whereas the increase of the plague is now become so dreadful , and the infection thereof so generally dispersed in , and about our cities of london and westminster , that we have great reason to fear we shall not be able to assemble our parliament there where we chiefly desired : we have therefore with the advice of our privy council thought fit , and do hereby declare and publish our royal will and pleasure , that the same parliament shall be again prorogued from the third of october unto the ninth day of the same october , and from the city of westminster unto the city of oxford , where we have taken care that good accommodation be made and kept for the several members of both our houses of parliament , to be there holden upon the said ninth of october . whereof the lords spiritual and temporal , and all and every the knights , citizens , and burgesses of the house of commons , and all others whom it doth or may concern , are to take notice , and to order their affairs accordingly ; we letting them know , that although we shall not require any of their attendance at westminster upon the said third of october ( except such only who may conveniently be present at the making of the said prorogation in the usual manner ) nebertheless we do expect , and do hereby require and strictly charge and command them , and every of them personally to appear at our said city of oxford upon the said ninth of october , then and there to proceed in those weighty and vrgent affairs which shall be there handled , and shall be most expedient for the general good of vs and our kingdoms . given at our court at salisbury the thirtieth day of august , in the seventeenth year of our reign . . god save the king. london , printed by john bill and christopher barker , printers to the kings most excellent majesty , . his late highnes's letter to the parlament of england. shewing his willingness to submit to this present government: attested under his owne hand, and read in the house on wednesday the th of may . england and wales. lord protector ( - : r. cromwell) this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing c thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) his late highnes's letter to the parlament of england. shewing his willingness to submit to this present government: attested under his owne hand, and read in the house on wednesday the th of may . england and wales. lord protector ( - : r. cromwell) cromwell, richard, - . sheet ([ ] p.) printed by d. maxwell, london : . annotation on thomason copy: "may. ". reproduction of the original in the british library. eng cromwell, richard, - -- abdication, -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no his late highnes's letter to the parlament of england. shewing his willingness to submit to this present government: attested under his owne england and wales. lord protector a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion his late highnes's letter to the parlament of england . shewing his willingness to submit to this present government : attested under his owne hand , and read in the house on wednesday the th of may . i have perused the resolve and declaration which you were pleased to deliver to me the other night , and for your information touching what is mentioned in the said resolve , i have caused a true state of my debts to be transcribed , and annexed to this paper , which will shew what they are , and how they were contracted . as to that part of the resolve whereby the committee are to inform themselves how far i do acquiesce in the government of this common-wealth , as it is declared by this parliament ; i trust my past carriage hitherto hath manifested my acquiescence in the will and disposition of god , and that i love and value the peace of this common-wealth much above my own concernments ; and i desire that by this a measure of my future deportment may be taken , which through the assistance of god shall be such as shal bear the same witness , having i hope in some degree learned rather to reverence and submit to the hand of god , than to be unquiet under it : and ( as to the late providences that have fallen out among us ) however in respect of the particular engagements that lay upon me , i could not be active in making a change in the government of these nations ; yet through the goodness of god i can freely acquiesce in it being made , and do hold my self obliged , as ( with other men ) i expect protection from the present government , so to demean my self , with all peaceableness under it , and to procure to the uttermost of my power , that all in whom i have any interest do the same . richard cromwell . london , printed by d. maxwell , . by the king, charles by the grace of god, king of great brittain, france and ireland, defender of the faith, to all and sundry his lieges and subjects, greeting whereas the lord hath been pleased in his gracious goodness and tender mercy to discover unto his maiesty the great evill of the wayes wherein he hath been formerly led by wicked cromwell ... charles ii, king of england, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing c ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing c estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) by the king, charles by the grace of god, king of great brittain, france and ireland, defender of the faith, to all and sundry his lieges and subjects, greeting whereas the lord hath been pleased in his gracious goodness and tender mercy to discover unto his maiesty the great evill of the wayes wherein he hath been formerly led by wicked cromwell ... charles ii, king of england, - . broadside. e. tyler, [edinburgh : ] imprint supplied by wing. imperfect: stained, torn and cropped, with loss of text. "given at our castle of sterling, the . of iuly, and of our reign, the second year, ." reproduction of original in bodleian library. eng great britain -- history -- commonwealth and protectorate, - . great britain -- politics and government -- - . a r (wing c ). civilwar no by the king, charles by the grace of god, king of great brittain, france and ireland, defender of the faith, to all and sundry his lieges an charles ii, king of england f the rate of defects per , words puts this text in the f category of texts with or more defects per , words. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion by the king charles by the grace of god , king of great brittain , france and ireland , defender of the faith ; to all and sundry his lieges and subjects , greeting . vvhereas the lord hath been pleased in his gracious goodnesse and tender mercy , to discover unto his maiesty the great evill of the wayes wherein he hath been formerly led by wicked counsell , and hath so far blessed the endeavours of this kirk and kingdome , as his maiesty hath now sworne and subscribed the solemn league and covenant , and given satisfaction to their desires : and whereas his maiesty is most willing and desirous to grant the propositions of both kingdoms presented to his royall father at new-castle , and hampton-court , with such alterations and additions as shall be thought necessary for the good of king and king 〈…〉 give such farther satisfaction to his people of england , as shall be desired by his two houses of parliament of england , sitting in freedom . and for asmuch as an army from he sectarian party in england , under the command of l.g. cromwell , after all the evill and wickednesse com 〈…〉 in england , in murthering his majesties royall father , using force against the two houses of parliament , and oppressing their fellow subiects in england and ireland , hath now also invaded this kingdom , contrary to the solemn league and covenant , and the treaty betwixt the kingdomes , wherein his maiesty is perswaded , tha● many of the officers and souldiers of the sai● army have been misled through the craft and subtilty of others , who have contrived and 〈…〉 ed the subversion of all government , civill and ecclesiasticall in all the three kingdom 〈…〉 subiect all persons to their tyrannicall usurpation and domination . therefore his maie●●●● 〈…〉 the pious and tender care he hath to reclaime his subiects from such unlawfull and re 〈…〉 courses , doth hereby offer a free pardon and indemnity to all officers and souldiers of 〈…〉 english army now within this kingdom , for any thing done , or acted by them against his 〈…〉 and his royal father , during these ●●oubles , who shal immediately upon sight of this his ma 〈◊〉 〈◊〉 gracious offer leave that army , and come over to the scottish army , where they shal be 〈…〉 ously used and entertained ; provided alwayes that this his maiesties offer shal not be und 〈…〉 〈◊〉 to comprehend any person or persons , who after the said force used against the houses of ●●●●●●ment , having sitten in the pretended house of commons , or in any other court , pretend●●● power from them , did vote the taking away of his maiesties royall fathers life ; given at 〈…〉 castle of sterling , the . of iuly , and of our reign , the second year , . seasonable and healing instructions, humbly tendered to the freeholders, citizens and burgesses of the respective counties, cities and boroughs of england and wales, to be seriously recommended by them to their respective knights, citizens and burgesses, elected and to be elected for the next parliament. prynne, william, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing p ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing p estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) seasonable and healing instructions, humbly tendered to the freeholders, citizens and burgesses of the respective counties, cities and boroughs of england and wales, to be seriously recommended by them to their respective knights, citizens and burgesses, elected and to be elected for the next parliament. prynne, william, - . sheet ([ ] p.) s.n.. [london : ] attributed to william prynne by wing. publication information suggested by wing. reproduction of original in: lincoln's inn library, london, england. eng great britain -- politics and government -- - -- sources. broadsides -- london (england) -- th century. a r (wing p ). civilwar no seasonable and healing instructions, humbly tendered to the freeholders, citizens and burgesses, of the respective counties, cities and boro prynne, william d the rate of defects per , words puts this text in the d category of texts with between and defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion seasonable and healing instructions , humbly tendered to the freeholers , citizens and burgesses , of the respective counties , cities and boroughs of england and wales , to be seriously recommended by them , to their respective knights , citizens and burgesses , elected and to be elected for the next parliament . we the freeholders , citizens , burgesses , commons and freemen of the respective counties , cities , and boroughs of england and wales , taking into our serious considerations the many late various forms and revolutions of our publick government , with the miserable distractions and oppressions of our ruinated churches and realms since the violent changes of our antient established kingly government , and constitution of parliaments , consisting of king , lords , and commons , by whose united counsels and interests we were happily secured against all treacherous plots and conspiracies of forein enemies , and pernicious domestick vipers , and advanced to the highest degree of worldly peace , prosperity , and felicity . and finding by above eleven years sad experience , that there is neither hope nor probability of restoring our . shipwrack'd nations to their pristine tranquillity , unity , wealth , honour , traffick , security , but by a speedy restitution of our antient form of parliaments , and publick regal government ; and with all observing , that in the writs of summons now issued for a parliament to be held at westminster , on the th . day of april next , there is no known single chief governour , nor yet any real commissioners nominated , ( but only fictitious utopian keepers of the liberties of england ) with whom the members appearing in parliament can neither conferr nor consult , concerning the difficult and urgent affairs either of the realm or church of england ; and that all the lords and great men of the realm ( the antientest hereditary members of parliament , the grand councellors of the kingdom , and chiefest assertors of our liberties in all precedent times ) are totally omitted out of these new forms of writs , and all clauses in them , contrary to all former presidents , without whose concurrent advice and assistance with the commons house in this approaching parliament , no firm peace or settlement can probably be expected , a full and free english parliament , ( from which no legal members , much lesse the whole englsh peerage and nobility ought to be excluded , being the principal thing the generality of this nation lately petitioned and declared for , as the only instrument under god to compose all differences and dissenting parties , and put a happy period to our manifold long-lasting distractions and confusions : have thereupon apprehended it our bounden duty , seriously to recommend these ensuing instructions to our respective knights , citizens , and burgesses elected , and to be elected and returned by us for our representatives and trustees in this approaching parliament ; who receiving full and sufficient power for themselves , and the respective commonalties of the said counties , cities and boroughs from the said commonalties alone who elect them , to do and consent to all such things as shall be ordained by common council of the realm in the said parliament , in their rights and behalfs , are thereby obliged in point of duty and conscience as their publick servants and proxies , vigorously to pursue all such just prescriptions for the common welfare and establishment of our native country , as they shall present unto them . we therefore eanestly desire and require them in pursuance of the trust reposed by us in them , to improve their uttermost endeavours and counsels , ( there being no particulars prescribed to them in the writs themselves , as heretofore ) to effect these few individuels . . to restore the antient constitution , rights , privileges and freedom of our english parliaments , their respective houses and members , and to preserve them from all future mutulations and violations by armed force or otherwise , that so they may by free un-interrupted and combined counsels proceed to the speedy settlement of our distracted churches and nations , without any diversions or obstructions by souldiers or popular tumults . . to re-establish the antient fundamental regal government of this kingdom , and the dominions thereunto belonging ( under which we and our ancestors in former ages have flourished in great peace and prosperity ) according to our known laws , oaths , protestations , covenants , and multiplyed declarations , and secure it against all future underminings and powder-plots of jesuitical and fanatick conspirators . . to revive and ratifie the miserably subverted and violated great charters , fundamental laws and statutes of the land , made for the preservation of the persons , lives , liberties , free-holds , estates and properties of all english freemen , against all arbitrary and tyrannycal judicatures , high courts of iustice , proceedings , tryals , executions , iudgements , banishments , imprisonments , confinements , confiscations , forfeitures , attainders , outlawries , sequestrations , illegal taxes , impositions , excises , and publick charges whatsoever , not granted by common-consent in parliament , and to prevent all future contempts and violations of them , after so vast expences of treasure and bloud for their just defence . . to establish an able , learned , orthodox ministry , and just and righteous magistracy throughout our dominions , and to take special care that the gospel of christ may be duly and sincerely preached , propagated , the sacraments and publike justice freely and rightly administred in all places , without neglect or obstruction , to the consolation , protection of all good christians , and well-doers , and the terror and suppression of all malefactors . . to advance all sorts of trade , merchandize , and navigation , by diminishing all excessive customs , excises , imposts at home , by making peace and holding good correspondence with all forein kings and nations abroad , and using all other good means conducing thereunto . . to redresse all publick grievances , oppressions , frauds , and misdemeanours ; to diminish , retrench and regulate all exorbitant taxes , excises , imposts , fees , extortions , salaries and superfluous forces , garrisons , officers , ( civil or military ) by land and sea . . to procure a speedy , honorable , safe , christian treaty and accord with our long exiled protestant king , and royal posterity , upon moderate , just , righteous terms and propositions on either side , whereby the bleeding protestant cause and religion , ( much endangered in all places ) may be promoted and secured , the plots of popish enemies to extirpate them prevented ; the peace , government , laws and liberties of our kingdoms , restored , preserved , and perpetuated to posterity ; the just publick debts of the nation and souldiers arrears discharged ; a general act of indempnity ▪ pardon and oblivion for all sorts of persons justly capable thereof , procured ; all former injuries , feuds , animosities totally extinguished , and all just sales of justly confiscated estates , made without fraud , govin , practice or duresses for valuable considerations , confirmed or recompenced ; that so all parties and interests being perfectly reconciled , may henceforth studiously endeavour to keep the unity of the spirit in the bond of peace , and to live peaceable and quiet lives under their lawfull kings and governours in all godlinesse and honesty ; being * all members of one and the same mystical politick body , having all one spiritual and temporal lord ▪ one faith , one baptism , and one god , and father ; which should both perswade and oblige them to put away all bittern●sse , wrath ▪ anger , ●lamour , evil speaking , and all malice , and to be kind one to another , tender hearted , forgiving one another , even as god for christs sake hath forgiven them , forbearing one another in love . but if we still proceed to * bite and devour one another , ( as we have done for many years by-past ) we shall sodenly be consumed one of another , and made a prey to our common enemies , which the accomplishment of these instructions by gods blessing , and the parliaments wisedom , will prevent , and make us once more the glory and lady of all christian kingdoms , as we are now their reproach . finis . notes, typically marginal, from the original text notes for div a e- * ephes. . , ▪ , , . , . * tim. . 〈…〉 gal. . . sir vvilliam drake his speech in parliament concerning the present distempers and putting the kingdome in a state of defence, november , speech in parliament concerning the present distempers drake, william, sir. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing d ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing d estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; :e , no ) sir vvilliam drake his speech in parliament concerning the present distempers and putting the kingdome in a state of defence, november , speech in parliament concerning the present distempers drake, william, sir. [ ], p. printed for w. l., london : . reproduction of original in thomason collection, british library. eng great britain -- politics and government -- - -- sources. a r (wing d ). civilwar no sir vvilliam drake his speech in parliament. concerning the present distempers, and putting the kingdome in a state of defence. november . drake, william, sir b the rate of defects per , words puts this text in the b category of texts with fewer than defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - pip willcox sampled and proofread - pip willcox text and markup reviewed and edited - pfs batch review (qc) and xml conversion sir vvilliam drake his speech in parliament . concerning the present distempers , and putting the kingdome in a state of defence . november . . london , printed for w. l. . sir william drake , his speech in parliament : november th . . mr. speaker , if we consider those dangerous disturbances that this kingdome hath of late yeares laboured under , 't is certaine , that in a generall and originall consideration , we cannot but impute them to the wrath of god for the sinnes of this nation . but in a second and more particular consideration , we may properly assigne them unto the violent councells of some late ministers of state , who either for want of counsell ; or by malitious practice , have brought this state , from a happy , firme and strong constitution , to so weake and feeble a temper , that the great physitian the parliament , cannot , but with extreame difficulty , apply remedies fit and proportionable to the disease , but they inevitably run some hazard of indangering the body it selfe ; it being very perilous to apply stronger remedies then the strength and constitution of the patient can well beare . mr. speaker , you were truly told by a grave and worthy member , at the beginning of this parliament : that it must be some extreame necessity that would rectifie and recover this state ; and that when that extremity did come , it would be a great hazard whether it might prove a remedy or a ruine . and this is occasioned , chiefely because violent diseases , doe most commonly require violent remedies , and , violent remedies are ordinarily pregnant of new mischiefes : which hath caused your states , best skilled in governement , alwayes to discerne evill a farre off in their causes , and by their wisedome and fore-sight , prevent them : and i am confident , had we had frequent parliaments , we should have given a timely stop to mischiefes , and never have suffered them to have broken in upon us with such an inundation of distempers , that without divine prevention , may yet swallow and destroy us . mr. speaker , 't is observed of the romane state , a patterne of best governement , so long as they held up their first vertue and valour , that after a great defeat by hannibal , their confederates began to forsake them . but hero king of siracusa , having so piercing a judgement , that he could see through the present to the future ; and observing the romanes so considerate and constant in all their proceedings ; even in this extreame exigent of their affaires , and that their lawes were never more strictly observed by their magistrates , nor their people more obedient to their senate or parliament , and how their military discipline was never likewise more severely observed : this wise prince seeing their foundations stood thus firme , sent them presents of great value , and corresponded with them in a stricter league of friendship then ever before . not unlike a good physitian , who seeing favourable simptomes , in the strongest fit of his patients disease , conceives firme hope of his perfect recovery . now mr. speaker , if we set before us an image or representation of those distempers we stand environed withall ; there could not possibly be that extreame danger in them , but that there might be good hopes of a speedy recovery , had we kept close and constant to those grounds of religion , lawes and military discipline , which have bin noted by wisest legislators , to have bin the maine cause next under god , of the strength and duration of a state . but sir , if we examine it , how have our very foundations bin shaken ? what superstition and innovations have bin brought in upon our religion of late times by ambitious heady and passionate men ? and from this fountaine originally as i conceive , flowes most part of our present distractions . queene elizabeth , of sacred and pretious memory to this nation , keeping stedfast and constant to this ground of religion , kept this kingdome peaceable and united at home , afforded a comfortable influence and assistance to the protestant parties abroad , and after a long and happy raigne , went unto her eternall rest in glory . and truly sir , i speake it with all humility , yet with some confidence , that i shall never expect , to see the quiet setled state of this kingdome , till there be some course taken to settle religion to some rule and uniformity , and not to be thus suffered in an uncertaine condition , betweene illegall innovations and superstitions on the one side , and i know not what lawlesse and irregular confusion on the other . and let us all i beseech you , calmely and seriously consider , how naturall a motion t is to most men , not limited by some law , when they are come out of one extreame , wherin they have bin held by feare , to run with a swift violent course into another extreame ; from superstition and idolatry to irreverence and contempt of gods publike worship and ordinances . for our laws ( mr. speaker ) how have they bin violated by illegall taxations , imprisonments , monopolies , and other pressures , wherby the subject hath bin prosecuted and grieved ; but this is so obvious to every mans understanding and sence , that i shall not insist upon it . m. speaker , i come next to our military discipline , and how hath this ground of strength bin shaken , partly by the losse of able and experienced commanders in fruitlesse , if not dangerous , attempts abroad ; and partly by neglect , and not duly keeping up our musters at home . m. speaker , every man may lay it as lightly to heart as he please , but i shall be bold to tell you that all the laws that we have or shall make for the defence of our religion or liberties without provident care in this particular will be but like to sumptuous and glorious structures without roofe or covering , subject to all weather and stormes that shall arise , and whatever parliaments shall with great wisdome and providence plant for the good estate of future times , without due provisions for our military defence , may be soon cut down again by the violence and malice of a stronger sword . therfore ( m. speaker ) as you have taken a provident care for the securing of the havens and port towns , so i desire there may be timely consideration had of the inland strength of the kingdome , and that the musters in all counties of the kingdome be carefully ( especially in these perilous times ) kept up ; and that care be taken that every county may have a sufficient proportion of pouder , and other provision for their necessary defence . and that all commands may rest in faithfull hands , and that certificates of the true state of all things how they stand for defence , may from time to time be sent either to the councell of warre you appoint for ireland , or to any other whom the parliament shall think meet , and therupon to take order from time to time , to supply all defects , as well of captains , as of munition , pouder , and other necessaries . m. speaker , this point is more timely to be had in consideration , because our perils will increase , as forrain estates settle and compose their affairs to their best advantage : and therfore i shall desire that our quietnesse may not rest any longer upon so tickle a ground , as the unquietnesse of our neighbour kingdoms ; for no state stands firme and secure , but upon its owne foundations . there is one thing more with which i will conclude , and i shall humbly represent it as , in my weake opinion , a great cause of our growing distempers , which is the abundance of humours we have stirred , and not purged away , which are but fit fuell for fresh fires to take hold of , if it should burst forth ; therefore as there be a great number of this state , qui paena & calamitate publicae impunitatem sibi spondeus ; i shall make it my humble motion and desire , that we make some severe examples of some few of the most capitall offenders , and either pardon the meaner delinquents , if justice will admit therof , or at least to let them in some reasonable time know what they may trust too ; otherwise you shall have as many as looke desperately upon their owne fortune be too ready to give their vote for troubles , and seek their owne peace in the publike disturbance , the number of whom , as i conceive , would be warily prevented , especially in these times of encreasing distraction . sir , i have troubled you too long , and am not so inconsiderate , but to object to my self , that some 〈◊〉 are of more instant present considerations than any thing i have touched upon . as your sending 〈…〉 for ireland , but i desire as those affairs are in some 〈◊〉 sure setled in a way we may timely apply our selves to the root and causes of our distempers , and to begin with those of most importance , and to proceed with them to effect . finis . notes, typically marginal, from the original text notes for div a e- polye lin . the prelatical cavalier catechized, and the protestant souldier incouraged. by a missive sent to king charles in the name of the protestants beyond seas. wherein these three questions are resolved. viz. first, how inconsistent a prelaticall government is with the true protestant religion, and with the peace and welfare of this kingdome. secondly, how absolutely necessary it is for king charles and his associats, to entertain peace with the parliament at any hand, if ever he hopeth to recover or enjoy any glory or splendour of his royalty. thirdly, which are the best means king charles, &c. can use for obtayning an honourable peace for the present, and improving and continuing the same in time to come. much conducing to encourage and confirme all true protestants in the truth of the protestant cause, especially all souldiers that are for king and parliament. ... presented to the honorable councels of great britain, now sitting in parliament; and the rest of the kings majesties subjects. / by eleazer gilbert, a minister of gods word. printed, and published according to order. gilbert, eleazer. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing g thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) the prelatical cavalier catechized, and the protestant souldier incouraged. by a missive sent to king charles in the name of the protestants beyond seas. wherein these three questions are resolved. viz. first, how inconsistent a prelaticall government is with the true protestant religion, and with the peace and welfare of this kingdome. secondly, how absolutely necessary it is for king charles and his associats, to entertain peace with the parliament at any hand, if ever he hopeth to recover or enjoy any glory or splendour of his royalty. thirdly, which are the best means king charles, &c. can use for obtayning an honourable peace for the present, and improving and continuing the same in time to come. much conducing to encourage and confirme all true protestants in the truth of the protestant cause, especially all souldiers that are for king and parliament. ... presented to the honorable councels of great britain, now sitting in parliament; and the rest of the kings majesties subjects. / by eleazer gilbert, a minister of gods word. printed, and published according to order. gilbert, eleazer. [ ], p. printed for robert leyburn, and richard wodenothe, and are to be sold at the star, under peters church in cornhill, london, : . annotation on thomason copy: "aug: th". imperfect: quire b bound in prior to t.p. and is filmed with :e. [ ]. reproduction of the original in the british library. eng charles -- i, -- king of england, - . great britain -- politics and government -- - -- early works to . a r (thomason e _ ). civilwar no the prelatical cavalier catechized, and the protestant souldier incouraged.: by a missive sent to king charles in the name of the protestan gilbert, eleazer. c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - john latta sampled and proofread - john latta text and markup reviewed and edited - pfs batch review (qc) and xml conversion the prelatical cavalier catechized , and the protestant souldier incouraged . by a missive sent to king charles in the name of the protestants beyond seas . wherein these three questions are resolved . viz. first , how inconsistent a prelaticall government is with the true protestant religion , and with the peace and welfare of this kingdome . secondly , how absolutely necessary it is for king charles and his associats , to entertain peace with the parliament at any hand , if ever he hopeth to recover or enjoy any glory or splendour of his royalty . thirdly , which are the best means king charles , &c. can use for obtayning an honourable peace for the present , and improving and continuing the same in time to come . much conducing to encourage and confirme all true protestants in the truth of the protestant cause , especially all souldiers that are for king and parliament . being a work , very usefull and profitable to be read of all . presented to the honorable councels of great britain , now sitting in parliament ; and the rest of the kings majesties subjects . by eleazer gilbert , a minister of gods word . printed , and published according to order . london , printed for robert leyburn , and richard wodenothe , and are to be sold at the star , under peters church in cornhill , . with brothels and whore-houses . but when did your highnes , or any of your followers , taxe these men ? for not onely dispensing with , but even selling and licensing adultery , fornication , idolatry , perjury , &c. yea , which is as it were , the very essence and soule of church discipline ; ( excommunication ) for so great was the corruption of your bishops , and their officials ; that for the value of twelve pence or some other such trifling summe of money , a man might either be received in , or ejected and cast out of your hierarchicall consistory , so that they have made excommunication almost a very chimaera , and consequently have enervated , extenuated , or rather annihilated the whole strength and power of your church government . furhermore , we appeal unto your highnesse and your associates ; what ungodly , unjust and preposterous thing it was , that these bishops officials , being themselves but laick men ; neither prophets , nor perhaps bred in the schools of the prophets ; should at their own pleasure , summon up from the furthest corners of your kingdom ; nay , and not onely so , but punish , suspend , and censure , both the persons and doctrine of your most godly , learned , and orthodox divines ; if either themselves or their bishop had conceived the least spleen against them : may not the proverb be well applied to such unequall and rigid judges , sus minervam ; or may not such reverend men say unto such laick bishops , as the egyptian said to moses , who made you a judge over us ? in one word , if your highnesse will but with an impartiall eye : behold or survey the stupendious insolencie and corruption of your bishops courts and their officers , these twenty yeers past , &c. you cannot but confesse with us , that they were and are no other then a company of covetous , temporizing horsleeches come to their consistories ( not so much to compose and decide differences , and to preserve peace and piety amongst your people ; as to get mony and enrich themselves by the sins of the people : whereas if this charge were committed to godly and conscionable pastors and ministers assisted with the suffrages of their elders and deacons ( as it is in the government presbyteriall all this corruption might be , or at the least , the most part prevented . finally , that we may perswade your highnesse , &c. not onely to leave , but also to loath the paps of that inchanting sorceress : wee will adde this one thing more , viz. the greatabuse which was committed by your bishops in their ordination of ministers , how contrary to the gospell ? and inconsistent with the practice of a protestant church is it ? that the ordination of many ministers should be committed to the hands and authority of one man : viz. a bishop , and that when such easie terms , and so small a triall ; that let an artificer or husbandman come to a bishop or his chaplain upon some ordination day , provided with some perfunctory letter , or superficiall testimony from a man ( if but of ordinary quality ) always provided that he hath his fees in his hand , and a black coat upon his back , and then , although hee were as false and wicked as ever was judas or cain : as void of feature and good manners , as was thersites and had no more learning then had balaams asse . he shall be admitted to the ministerie , quite contrary to pauls charge to timothy ; which was not to lay hands suddenly upon any man . not that this authority of laying on of hands , or ordaining ministers belonged to him alone : as the prelats do alleage , for this is contrary to his own practice , when tim. . . he would not be admitted himself without the laying on of hands , of the company of the eldership ; but rather to dehort him from being corrupted by the example of these men , who had arrogantly assumed unto themselves this liberty , and as contrary is it also to the practice of paul and barnabas , acts . . and these deacons mentioned , acts . . from which pontificiall presumption , it hath come to passe , that in your english prelacy ( as from the trojan horse ) there have issued so many apostolicall preachers , who being for their fees admitted to the ministery by some bishop , without any church , stipend , or maintenance , are forced ( as it were ) to beg their bread from doore to doore , and that not out of conscience ( as the popish mendicants ) but of constraint : they not having so much by their calling , as will supply their necessary sustenance : or which is much worse , sometimes to go beyond the seas , and there turne apostates , either to the roman , nicholaitan , or lutheran superstitions , or thirdly , which is as bad , or little better then the former , or rather then they should starve , some of them doe wander to amsterdam or new england , & their side with some new fangled schisme : good god how abominable should this be to your highnesse who professe your selfe defender of the faith ? how dishonourable is it to your nation ? and how prejudiciall to the true protestant religion and professors thereof , who should have amongst them all but one god , one faith , and one baptisme , and who should have no more ministers amongst them to work at their altars , but such as have a competent maintenance , and are able to live by the altar : is this the care of your right reverend fathers to provide for their children , or hath your highnesse all this time , suffered your selfe so wofully to be misled by these ghostly vultures , as to permit them so shamefully ( as the pope doth to himselfe and his cardinals nephews ) to ingrosse unto themselves and their symonaicall friends ( neither of whom , nor perhaps any of them ever dared to adventure themselves beyond the seas to see the face , or learn the posture of any christian or protestant church , or it may be hath no more learning in them then to resolve the bishop of that grand question ) who was melchisedecks father ? to permit such men , them we say , so shamefully to ingrosse to themselves all the fattest benefices in your kingdoms , and that a few ( perhaps forty or fifty prelaticall priests or ministers , by their codpiece or court symonie , should have every one for his yearly stipend or livre. a year at the least , when it may be , more godly , learned , and every way more worthy pastors , who have also a greater charge to mayntain ) shall not have so much amongst them all , but are enforced , notwithstanding , their assiduous labours , and conscionable conversation , to eat the bread of car fulnesse , and to drink the waters of affliction by measure . that such barbarous , or rather antichristian inequality , should not onely be tolerated , but also , with tooth and nail , so eagerly be mayntained , without reformation and that by a protestant prince , who styleth himself , defender of the faith , and by his associates who pretend and professe so much of the protestant religion , is a thing we must needs confess beyond our admiration . what should wespeak of your admitting popish priests and sacrificatures unto your parochiall charges , yea , and sometimes to steer the helme of christs ship amongst you , without any imposition of hands , admission , or vocation , other then they received from the roman bishops , by whom they were ordinated sacrificers ; to offer in their blasphemous masses a sacrifice both for quick and dead which how far it doth derogate from the all-sufficiency of christs passion , and how far such sacrifices and sacrificers are different from those in the gospel : rom. . . which consists principally in killing and mortifying our sinfull lusts and affections ; we hope may appear easily to any true protestant whom god hath not given over to believe strong delusions , and to hold the truth in unrighteousnesse nor is there any lesse difference betwixt the calling of a priest by a popish bishop , we speake as they are devoted to the errours and blasphemies of the see of rome , as now it is unto the dispensation and ministry of the gospell , and the calling of a protestant minister by a lawfull presbyter ( for ought we know then there was betwixt the calling of annas and caiphas , and that of paul and barnabas : act. . . and so also we could tell your prelates of their permitting women to baptise children in case of weaknesle , and if they cannot conveniently be brought to church , as if the salvation of infants did depend upon the act of baptisme and not upon the free grace of god , who according to the good pleasure of his will ; and in relation to the covenant he hath made with our fathers hath elected them to salvation in christ their saviour for by the ministery of the sacraments , gods promises unto us are not accomplished and finished , but only established and confirmed : here therefore is one grosse errour more to permit women to baptise , whom the apostle , tim. . . will not permit to teach or speak in the congregation , nor to have any publike charge in the church ; certainly , if they may lawfully be permitted to minister the one sacrament , we know no reason why they may not as lawfully minister the other , which we hope no sound protestant will deny to be flat contrary to the ordinance of christ , and a meer profanation of those holy mysteries . the like also we might alleage of the anabaptists , brownists , and divers other schismatikes , that are permitted by you on both sides to the great disparagement of our protestant religion who although they were never brought up at the feet of gamaliel , nor bred in the schools of the prophets , but meer husbandmen or tradesmen , whose credit wealth and wit lieth in their hands and fingers , yet forsooth will brag of the spirit and without any warrant or commission from christ or his church , will presume to take upon them this sacred function , and both preach and baptise without any warrant or calling , other then their own private phantasie or some brainsick enthusiasme . what need we say more ? seeing that which we have already affirmed , is abundantly sufficient to discover to the world that your late english , episcopall prelaticall government , which your highnesse and your associats do so stifly maintain , hath been no other ( we mean especially in point of discipline ) then a pattern of popery , a map of machiavilisme , a rapsodie of superstition and a bundle of corruption , in regard whereof ( for ought we know ) we may as lawfully say , that of your church and your church government , as buchanan your highnesse fathers schoolmaster spake of old rome . totam denique quantacunque roma est nascentom , vegetem excute & florentem nihil invenies nisi lupercall lupercale , lupos , lupas , lupanar . to conclude , therefore this first question , and apply it to the use of your highnesse , and your associates seeing that your late prelacy , as it was exercised in england : and as it is now so stifly maintained by you , hath not , nor ever had any just ground from the word of god , nor from christ , institution nor the practice of gods true church for divers hundred of yeers after christ , untill antichrist began to shoot out his horns . and for as much also as the true and solid peace and prosperity of a people , and their welfare also in respect of politicall government depends much , if not altogether , upon the right and orthodex government of the church , consisting in soundnesse of doctrine , and integrity of discipline . it is high time for your highnesse , ( seeing that yoy hierarchy can hold no water , is not like to hold water ) although with the papist you should plead never so much antiquity for it ( for as your own hierarchicall civilians will confesse ) quod non valet ab initio , tractu temporis non convalescit . ) to bethink your self of some more sound , lawfull , and warrantable way of governing your people in matters of religion which is grounded ; not to much upon mens inventions and pontificiall canons , as upon the institution and written word of god , and of his son christ , whose gospel and ordinance , doth not onely blesse and sanctifie but authorize and qualifie all humane actions , and that as well under the gospel , as under the law : for why should we think , that almighty god should be lesse carefull of the government of his church under the new testament , then he was in the time of moses , or that he should then leave , or now under the gospel allow all things in his church ; nay , any thing to be managed by the will and determination of subordinate officers and magistrates , without any ground ( explicit or implyed ) from himself , whereas we know , that ( not onely moses under the old testament was so shie to do any thing ) in the government of gods people of his own head . and without a speciall direction and commandement from god : that he would not admit unto the passeover , one that at a funerall had touched the corps of a dead man : before he had asked counsell of god , as you may see , numb. . , , verses , and in exod. . . hee is expresly charged by god not to make the tabernacle after any other fashion then was shewed him in the mountain ; but also christ himself , who was moses prototype ; whom god in the of deuteronomy . did promise to raise up as a prophet like unto moses , ( although much more excellent ) for moses as a servant , but christ as a sonne , heb. . , . did dispose and regulate his little flock according to the will of his father ; not according to the will of man , nor according to his owne will as he was man : but according to the will of his father ; for as himself witnesseth , john . . he came not to seeke his own will , but the will of his heavenly father : and this kinde of government revealed in his gospel without all question he will continue and have amongst all his chosen people to be continued untill his second comming whose voice all christians but especially , all protestants , or reformed christians must obey , unlesse they will deny christ to be their prophet or derogate from the worthinesle of his propheticall office ; one principall part whereof was not only to reveal unto his people his fathers will concerning their redemption , but also to govern and rule them in the performance and execution of that will unto the end of the world : wherefore to draw the frame and authenticalnesse of a church government , from any other pattern then from christ and his apostles , is no other then to deny both the propheticall and regall office of the sonne of god ; who if he be a king over his people , why should he not be able both to prescribe laws unto them , and also guide and rule them according to these laws so far as may conduce to his owngory and their happinesse : surely they that draw the frame and government of an evangelicall church under the gospel , from any other authority , or build the same too much upon the placets and inventions of men who are not onely vain , but vanity it selfe , nor subject to deceive , but also to be deceived , doe but take their marks by the moon , build their house upon the sand . preferring eleazer the servant to isaac the sonne , and moses the messenger , unto christ the master and judge of all the earth . in a word to say that christ is not as carefull of his christian church under the gospel as moses was of the church of the jews ; and that he hath not in his gospel prescribed , what kind of magistrates , ministers ; and officers hee would have , and by what laws he would have them to be governed , were to make him more negligent of his people then was numa of the romans , solon of the lydians or lycurgus of the lacedemonians ; all which ( although heathens did prescribe wholsome laws unto their common-wealth ) which so much as to thinke of the lord jesus ( in whom were hiden all treasures of wisdome and knowledge ) were most damnable and blasphemous . so much of the first question , viz. how inconsistent your late church government was with the gospel , and how far it hath been of late years in your kingdoms abused . the second question . how inconsistent this kind of church government is unto your highness safety and prosperity of the republick : and consequently what a preposterous thing it is to continue the same in these kingdoms ? this question is easily resolved , if you will suffer your judgment without partiality : but to reflect upon these three objects , viz. first , the disposition and affections of your own subjects . secondly , the reputation and expectation of protestant princes and professors amongst us beyond the seas . thirdly , the condition and nature of the true protestant religion , and protestant professors established and regulated by a presbytery ; which , without all peradventure of all christian professions this day in the world , is that which is most sound and orthodox in it self : as being most free from corruption , and most safe for a true protestant prince which undertaketh to mayntain ( not a protestant religion , for so do the kings of poland , sweden , and denmark , although corrupted with the roman and lutheran superstitions ) but the protestant religion , which onely is most consonant with the doctrine and practice of christ and his apostles , and most agreeable to that pattern of wholsome doctrine expressed in the gospel , the patronage whereof no prince can deny that is a true protestant unlesse it be such a prince that affecteth tyranny ; and would make under the cloak of relgion ( not the word of god and welfare of his people ; but worldly policy and private respects , ) to be rule of his government . first then , may it please your highnesse and confederates , to cast your eyes upon the people ( we mean not such people , whom malice , corruption , or covetousnes , ( without any respect to the word of god , or a good conscience ) have drawne to your side ) but the mayn body of the two of your best kingdoms of england and scotland , for the most and best part , how exasperatly and uncontrolable are they set against this way : mayntayning it for a maxime ( as your associates doe ) no bishop , no king , so they ( no bishops , no popery : ) where by the word bishop , they do not understand any of pauls bishops mentioned in the epistle to timothy and titus , for such bishops as these they seek for , and their petition unto your highnesse is ; da nobis tales timothaeos , & nos eos cib abimus auro , & potabimus balsamo ; such bishops as these may be well consistent with the presbyteriall government , and by the prayers and suffrages of such bishops ( before ever hee medled with a hierarchy ) your royall father king james did enjoy many peaceable and happy days which ( if it had pleased our great land-lord ) might have been continued unto your highnesse and your posterity , and which ( wee beseech the almighty , mangre the unhappinesse of your present distempers , ) may be continued unto you and yours ( as long as the sun and moon endureth . ) but by a bishop , your people for the most part , understand a domineering , temporizing and self-seeking prelate ; where by the word bishop or prelate , they doe not so much conceive one particular office , or individuall person of one clergy man , but collectively , all his subordinate officers assistants , and attendants ; such as deans , archdeacons , prebends surrogates , chancelours , commissaries , registers , proctors , apparitors , chaunters , choristers , canons , pety-canons vergers , and all their ecclesiasticall courts , laws canons , orders , innovations and ceremonies which although they were in themselves never so indifferent , decent , or commendable yet the commons for the most part of both these kingdomes are perswaded , and hold it for ▪ maxim irrefragible , that dictates such a bishop ( we say not such a prines , mayntaining or approving such persons or things ) is no other then a relike of popery ; a limbe of antichrist : a wenne upon the face , or a boyle upon the blest of a true protestant reformed church . nay , there be many thousands of husbandmen , artificers and tradesmen ; besides people of greater quality ( if we be not much misinformed ) within your island , whom ( if wee should goe about to perswade of the lawfulnesse of such a bishop but in jest ) they would be ready to cut our throats in earnest so rigidly are they set against this kinde of prelacie : the hierarchy , that the very name of a bishop , is to an ordinary english or scotish countrey man as the king of spain is to a hollander : for as the one taketh it for an argument somuch honesty to rail against the spanish king , so doth the other hold this to be a speciall marke of a good protestant to condemne and cry down episcopacy , the very name of a bishop they hate worse then a young court lady doth old age , or a jew images . seeing therefore your people ( for the most part are thus disposed ) it is the duty of a wise prince , being pater patriae , to comply to their desires ; your greatest strength consisting in their affections , and their affections being so brittle as a crystall glasse , which being once broken can hardly be souldred together again : yea , although that which they desire should be unreasonable , yet ( if the common stream be very strong ; a discreet prince can have no better policy then to row with the tyde ( although he should be forced , through the violence of the weather , to land at the wrong stairs ) it is but a little going on foot ( if he cannot have a coach or sedan ) that will bring him to his right harbour . nor can the foregoing or quitting the prelacy hierarchy , detract any thing ( if you consider rightly from the stature of your magnificence . for why , may not a moderator ( in a government presbyteriall ) be as safe and honourable unto your highnesse , and as well endowed by your highnesse bounty ; as any prelate under the government hierarchicall ; your highnesse especially , having therewith ( which wee are sure you have not now ) the affections and consent of your people . neither can it any ways be dishonourable to admit of this change at the request of the commons , seeing you have the president of divers wise and mighty potentates for the same ; who rather then they would admit of warre to come within the channell of their dominions , upon any terms ; did think it no disparagement to subscribe unto their peoples demands ; although sometimes absurd and ridiculous : witnesse lewes the eleventh , and henry the seventh ; then which all england and france ; cannot point forth two of more profound judgment , and better verst in the mystery of government , who in cases of controversie with their subjects , were the first propounders and seekers of peace ; and by their soft complyance , did dint the bullets of their peoples fury ; and so by this means , when the storme was over , and businesse came to be debated upon the great carpet ; did in a short time , and by degrees become masters of their own ends , and their subjects affections : yea , which is yet more , suppose that your great counsell would comply with your highnesse to continue this hierarchy , ( which as we understand they will yet hardly do ) yet shall not ever your highnesse or your posterity have any setled peace in your dominions , unlesse you abolish the same : the people wil stil once in twenty or thirty yeers run into their old byas , episcopacy ( as it hath been there amongst you exercised ) being in their construction ( as is aforesaid ) no other then a wound or gangreen upon the brest of the english church in which wound , so long as there remayneth any corruption , so long there will be pain : and so long as there is pain , the patient will complain , the humour therefore must be purged , and the wound before it be sewed up , well clensed , lest it burst out again , or if it be a gangreen , the part that is festered must be cut off : — immedicabile vulnus , ense recidendum ne pars synceratrahatur . for if it be let alone , the whole body will be thereby endamaged so long as the cause remayns , so long will the effect be continued ; so long as your highnesse doth mayntain and patronize episcopacie , so long will your people murmur and grudge at your government . as therefore you tender the health of the common-wealth , and as you desire the setled peace of this kingdome ; venienti occurrite morbo : purge out this old leven , cleer the brest , and heal the heart of your politicall body , and that so seasonably and speedily , that your miseries come not to a greater heighth ; for , — sero medicina paratur , cum mala per longas invaluere moras . if your disposition to jarring turn once into a setled habit of warring ( without the rich mercy of god . ) there will be norhing wanting to make your calamities irrecoverable . furthermore let your highnesse and your confederates ( if you be as you professe your selves to be true protestants , duly consider what a great improvement this will be to the protestant religion ; if you will abandon this kind of government , and establish throughout all your dominions the government presbyteriall ; what a great heartning and encouragement to all forreigne protestant princes and professors throughout europe , who do worship god in spirit and truth & are resolved to maintain their religion in the same purity it was in the apostlestime , and many yeers after , untill pride , ambition and corruption began to sway : what joyfull news ( we say ) will this be to them ? that your highnesse and associates have resolved to put to your helping hands towards the curtaling of the popes horns , and that you have given such a blow to the roman antichrist , as that you have not only ( within your dominions ) cutoff the head and members ( that is , the prelaticall bishops and their court-keepers , but also demolished and defaced the very images , and representations of that babylonish monster ; yea , that you have not onely cashiered and discarced all open professors of popery ( such as were jesuits , priests , and others their disciples and emissaries ; but also all ecclesiasticall dignities , orders , canons , courts and conditions of men , which did any ways concern or rellish a popish hierarchie . for certainly ( say what you will ) their is no religion in the world next to the muscovites , ( except the lutherans ) who yet in their prelacy and church discipline , are not so corrupt and extravagant ) which doth more punctually resemble the government of the roman church , then doth the english hierarchie in so much that since the beginning of your late intestine broyls in great britain , the jesuits have not failed to stirre up and incense the king and parliament of poland , either to banish and exterminate all your highnesse subjects and countrymen out of their kingdome , or else to vex and charge them yeerly with such grievous and unaccustomed taxations , as that now they can hardly gain livelihood amongst them ( notwithstanding their laborious endevours , good desert , and great services which they have done for them ) and why is all this forsooth , but because they will not be of their own kings religion ; which they take for granted ( to be roman catholick ) else why did the jesuits of the city of vilna , ( wherein is the chief tribunall and universitie of the great dukedome of lithuania ) in anno . upon their saint ignatius day ( at which time the jesuits do use to keep a solemne feast , for the honour of their patron and founder : with great joy and acclamations , singing of anthems , drinking of healths and shooting off divers great peeces of ordnance which they had planted upon the top of a hill close by the city ) congratulate and give thanks to god for the happy conversion of the king of england . thirdly , for we will speak no more of this second question , doth your highnes and associates think , that the presbyteriall government ( if you should forsake the other ) will be prejudiciall to monarchy ? surely , howsoever your prelates have scandalized and spoken ill of that way , calling the followers and professours thereof , and that in an ill sence , and that by way of obloquy ; puritans : yet ( if our observation fail not in most parts of christendome ( which some of us have surveyed ; and so have few or none of your english prelats , or dirgy-men : for as we understand , they are none of the greatest travellers , they think this qualitie no ways sutable to their grandeur , and therefore leave it to seamen , or others of a meaner condition : and so receive all things willingly ( which they are to know or speak of , of other nations ) at the second hand . shewing themselves hereby more carefull and vigilant for the bodies , then for the souls of men : if our observation ( we say ) fail not ; you shall find that in all the world there is no religion to a sovereigne , that desires to make himself absolute , and would have a continued permanence of his monarchy ) even to such a prince , we say again : that there is no religion under heaven so competent and agreeable as a protestant presbytery ; in so much that we cannot but wonder ; that a prince professing religion onely for policies sake : should suffer any other to be within his dominions . for let a protestant king ( we mean one that rules over a people of that profession ) be never so notoriously wicked in his person , and enormious in his government : let him stamp vice with his example , and make it currant by being his , let him remove the ancient bound-marks of lawfull sovereignty , and every day make more yokes and new scourges for his poore people : let him take reward and punishment out of the hands of justice , and distribute them without any respect to right or wrong : in a word , let him so exceed in mischief , ruine and oppression , as that nero being compared with him may be held to be a very father of the people . finally when he hath done all that he can to procure hate and contempt yet shall hee not for all this have occasion to feare such a people , but may boldly go in and out to his sports , without either a publick guard or privy coat ; nor need hee take the lesse drinke when he goeth to bed , or the more thought when he riseth : but may without the least suspicion of a jesuited raviliac , solace himselfe in his bedchamber ; or elsewhere , more securely then the grand signeor can do in his seraglio . the third question , which is this , viz. how much it concerneth your highnesse and your confederates at any ●●nd and upon any conditions : not onely to embrace peace with your great counsell ( if it be offered ) but also eagerly to pursue and seek after 〈…〉 such things as may concern the same ( if the lord hath not given you over to believe strong delusions , and passed the same sentence against you and your kingdoms as he did once against belshazzer , daniel . . mene , mene , tekell uphansin : that is ( in our construction and as wee probably conetjecture by the ways which you have taken ) to weigh you in a ballance , with your father , queen elasabet , of ever blessed memory and divers other good and glorious kings of england , and f●●e finde you too light , then to number you : that is , to abate the number of your kingdoms and finish the glory and splendour of your monarchy . for who is he that hath but half an eye , and doth not perceive this course of war if it be not both throughly and speedily diverted ) to be altogether fatal and destructive unto your highnesse but especially in these four respects , viz. first in respect of your kingdoms . secondly in respect of the protestant religion , if you be , as you professe a lover of it . thirdly , in respect of your sister and nephews ; who in all likelihood can never be restored , so well into their rights as by the prosperity and successe of the protestant cause : and fourthly , in respect of the duty which by the law of god , you owe unto your subjects . first , in respect of your kingdoms which by this course are almost already consumed as by a raging fire , which consumeth the houses or millo and sechem , and the cedars of lybanon , judg , . ●o for by war ( as one house setteth another on fire one kingdome destroyeth another . this means therefore to allay your discontentment being too rigid and destructive , ought both seasonably and speedily to be prevented , left your kingdoms being hereby depopulated the revenues of great britain ; prove as small unto your highnes as are this day the rents of pomerland , unto the duke of prussia , which within these twenty yeers and lesse ; might pro tanto , have vied happinesse , with any part of your three kingdoms : and yet they were consumed by strangers in a publike war , by an open and known enemy the wound reached no further then the flesh & therefore the more curable : but you have struck your self into the bowels , it is a private , as it were ; an intestine and civill war : which you have fomented and consequently , the more ominous , execrable and incurable , for if a kingdome be divided against it selfe , how can it stand ? and if you thus bite and devoure one another how can you chose but be destroyed one of another ? if then war considered absolutely , and in it selfe be so rigid and exigent , that it should never be undertaken , but in case of extremity ( as a man should never let bloud but in case of necessity . how much more to be abhorred is that civill war , wherin all things are miserable ? for it is not an open enemy that you fight against , but even your own familiar friends ; it is not a turke , the common enemy of the gospel ; nor a spaniard the known enemy of england : but your owne brethren and countreymen ; who doe professe with you to have all one god for their father , one christ for their redeemer , one truth for their religion , one charles for their king , and one great britain for their countrey : and yet alas , how doth manasseh advance against ephraim , ephraim against manasses ; king against subject , county against county , father against son , and son against father ; and that in such bitternesse and eagernesse of spirit , that one is become a curse to another blowing the trumpet of sheba one against another ; and saying one of another ; they have no part with us of god nor in the inheritance of christ jesus ; every one to his tents ô israel so that , while as both of you seem to strive about one religion ; there is in effect betwixt you both as much as no religion ▪ religion it self is almost lost through the quarrels and questions for religion : it faring with her as it did with the woman in plutarch , who having many suitors ( when every one could not have her to himself , they cut her in pieces , that so none might have her . for certainly ( if our information fail not , there be almost as many false brethren , and professors of the one side ) as there be abettors of the prelacy , and papacy on the other ; yea , and as obstructive and obnoxious to the protestant cause though both of them be eq●ally enemies to peace : being not onely contentious but lovers of content on : however we conceive the separating schismaticks to be the most dangerous they being so wedded to their own phantasies and onthusiasmes , that whatsoever opinion they once lay hold on ( let it be never so contrary to the analogie of faith , or the rules of charity in the communion of saints ) these men we say , are so zealously confident in their way , that they had rather there should be no protestant religion at all in the world , then that opinion or phantasie which they have conceived of it , should not prevail , atque hinc illae lachrymae : from hence your kingdoms have received a double blow , one from your professed friends , another from your professing enemies , whom because , nec verit ati nec paci cedere norunt : they neither can , nor know how to give way to a true protestant peac● ; we will leave to themselves , and proceed unto the second motive which should incline your highnesse and your confederates to peace . and this is the respect you should have to the procestant religion : where by a protestant religion we understand , not a profession of christianity which is reformed onely an part , such as is that of the lutherans , and your late hierarchie in england , which though ( as is aforesaid ) it was purged by the care of godly and orthodox princes from the heresies of the romane church ( in matters and points of doctrine yet did it in matters of discipline retain diverse exorbitant scandalous and corrupt customs ; and superstitious ceremonies , which made the english church ( although not the same ) yet to resemble , and be too too like that , which is mayntained by the roman antichrist ) but by the protestant religion we understand such a profession of christianity as is reformed in both these ( so far as the excellencie , perfection and purity of a militant church may subsist withall ) without any excessive or corrupt mixture of humane inventions or superstitious customes and ceremonies either in doctrine or discipline ( such as we believe your self will confesse ( if you know any thing of a presbyterian government ) to be this day amongst all europian christians most candidly and incorruptible mayntained and practised by the presbyterian protestants . this is that religion which is in every godly and decent respect , most consistent with the truth and purity of the gospell and which ought to be mayntained , preserved and cherished by protesiant princes and states with as much eagernesse and industry as the jesuiticall pentificians have to mayntain their romish idoll which an all probability can never be done by war , especially by such a war as that is which is abetted by your highnesse and confederates ; for hereby ( if we be not much deceived ) you doe what you can to encourage and hearten the papists against the protestants and proclaim ( as it were with open mouth to the wide world ) that you are turned apostates from the protestant religion : for what greate cause or occasion can your highnes and your associates give unto the papist to work the finall overthrow and ruine of the protestant churches and states , then to entertain and harbour prejudicate and inreconcilable affections against your protestant subjects and brethren : this is all they seek for ●●fer if your italie , gallico , haspamol●sed austrian papists can have but such a strong foundation to build upon ( as the distance and estrangement of protestant spirits , either opposed or alienated one from another in points of religion , then are they perswaded ( and so in all humane reason they may well be ) that neither their counsels nor intentions can neither fundamentally nor essentially concur , and conscquently no confederation nor conjenction in real endeavours , will ever be brought to any setled purpose or period , either in great britain , or elswhere . and to this purpose , wee cannot admire enough of your highnesse , and your great councell , that you should take so shall notice of the spanish king , and the german emperour , who are so fast vying stakes with the french king which of them should soonest by this means engrosse unto themselves the european states , and erect a catholike christian monarchie , to which purpose , they omit no way or means to make the protestant princes and states fall by the eares together , and keep their houses and territoires in perpetuall division . to omit germany , and other places , where we have not been so well accuainted : wee appeal to the verdict of your own countrymen , merchants that travell into denmarke , sweden , poland , russia , amongst almost an innumerable multitude of lutheran protestants , who ( if they understand , or have taken notice of the practice or preaching of these luther priests and ministers , cannot but acknowledge and testifie how carefully and industriously the jesuits ( especially in poland and prussia , ) doe foment and hire unconscionable divines to mayntain pretences of a fundamentall difference in religion betwixt us and them : which in truth and substance is but all one giving unto the lutherans many promises and priviledges , which they will not so much as profer unto the evangelick protestants that separation being made between the lutheran protestant and the reformed evangelick protestant , the occasion of disputes envy strife , rayling and evill ●●mising might never be wanting amongst them ; and that as well for temporall and worldly , as for heavenly and spirituall respects . the third motive to induce your highnesse unto peace , is the obligation which god and nature hath laid upon you , to mayntain the rights of your sister and nephews , whose parents , if they had been either papists or neuterals , might have this day been sitting in their castle or wittenbergh . for although ambition , was the cause pretended ; yet who knoweth not that knoweth any thing ? that their religion was the cause intended . for had they complyed so much as some other princes do that beare the name of protestants ( with the spanish king , and the germane emperour ) neither had their confederates so miserably flinched from them us they did , nor they liad been so rigidly and cruelly ejected out of their own inheritante us they were . but because gods judgments are unsearchable , and his ways past finding out ; for , who knoweth gods mind ? or who hath been his counsellor ? and also because no man can discerne gods love and hatred in this respect by this event of any temporall occurrence , all things falling out to all to them that sweare , as to them that fear an oath , we will neither think the worse of them , because of their present afflictions nor the better of their enemies , because of their atchieved victories . the almighty hath his own fulnesse of time , for the managing and disposing all important passages under the sunne , but especially for such as doe more immediately concerne his own glory and the good of his church ; and although he hath suffered the roman antichrist and his catholick children , for these thirty or forty years past , to ride over the bellies , plow , and make long furrows upon the backs of these and some other protestant princes , psal . . yet as god is just , and his gospel true , the feet of all the enemies of protestant religion shall slide in due time : yet a little while , and he that shall come will come , and will not tarry , deut. . . for when , that seven-headed and ten-horned monster , having caused the kings of the earth to commit fornication with her , rev. . . and stirred them up by policie and machiavilisme to fight against the lamb , revel. . . so soon as shee shall be fully drunk with the blood of the saints , and of the martyrs of jesus christ , and also hath made these kings drunken with the wine of the wrath of her fornication ; in a word , when shee hath for a long time sitten upon that septicolled citie like a queen ; saying , and domineering over it , i am no widdow , and shall see no mourning : then shall there come upon her a sodain alarm , as there did upon samson , up samson , the philistims are upon thee : up romish babylon , for all thy strength and cunning , a lambe shal overcome thee , and these kings which thou cast been so much in love with , and have been so much in love with thee , they shall stand afar off because of thy torment ; saying , alas alas for that great city , for in one houre is thy judgement come . if therefore your highnesse and your confederates have not already given your names to this beast : and if you be not yet drunke with the wine of the wrath of her fornication . for the lords sake , come out of her let not your souls come into her counsels , neither be ye joyned with her assemblies , lest partaking of her truelty you partake also of her plagues : for as the lambe overcommeth and destroyeth all such as oppose and contradict him in the truth and purity of his worship ; so doth he in his appointed time , honour , crown , and blesse all that in syncerity and simplicity of heart joyne with him for the mayntenance of the purity and truth of his ordinances , of which number are ( not onely these noble princes ) so many of them as have declined that broad way , and embraced this narrow way ; one that leads to the new jerusalem , but also the mayn body of great britain , england and scotland , which have mutually and interchangeably hungary , ingaged themselves ( besides a considerable number of reformed protestants beyond the seas ; yea , and the luther an protestants also in denmarke , sweden , germany , prussia , &c. besides the protestants of the greek church , inhabiting the territories of muscovia , white russia in poland , and other places , who are almost allequally engaged with us towards the curtaling of the horns of the romish bishop : all which ( as we conceive ) if there were any firme complyance betwixt you and your great counsell of state , might here be brought easily to reconciliable minds towards us , to joyne with us in one common cause , for the abandoning and abolishing all antichristian and and unlimited jurisdiction from the protestant churches throughout europe . so that in all places and dominions of christendome , there may be but one shepherd , and one sheepfold , every severall kingdome and province thereof ( through the annuall and mutuall correspondence of their princes and states ; and the strength of a generall councell , by their authority seasonably convocated , being perswaded and throughly informed in the truth of all essentiall points that may any ways concerne our salvation , and finally , all that professe the name of christ may be brought to consent together to keep the unity of the spirit in the bond of peace , that there may be but one faith , one lord , and one baptisine , one father in us all , through us all , and for us all , and then , what an easie thing it were for a christian king , that is , defender of the faith inot onely to enlarge his dominions , but also to improve his just splendour and priviledges both for himself and for all that he hath relation to throughout the known world , we leave to the censure of the indifferent reader . but if wilfulnesse and prejudicacie have so much preposessed you , and your associates , that you will not thinke of any other or better way to prevent your own and your kinsmens ruine , then that which you have now in hand : wee have no more to say to you but what mordecay said to ester , ester . . . deliverance will be brought another way : for as god is true , you will finde this certain that so many of your kindred , and other protestant princes and states that doe justly suffer for the cause of religion if they persevere unto the end ) god will exalt and raise them by the same religion and work their deliverance by no other means then by the same whereby they have suffered . the fourth and last motive , which we shall mention at this time , is the duty , which by the law of god you owe to your people , which is to shew your chiefest care , and use your best means , for the preservation of their lives and liberties , especially , seeing they are all members of that politicall body whereof your highnesse professeth your selfe to be the head , and seeing also that in them , viz. in then good affections , health and welfare , doth consist ( as samsons did in his locks ) your great strength and livelihood . for if there be a sympathy and fellow-feeling , in the body naturall , in so much as when the foot is trod upon , or any other member hurt , the head will complain , as if the injury were done unto it and so likewise in the true church of christ , or body mysticall ( as the apostle emplyeth when he biddeth us rejoyce with them that rejoyce , and weep with them that weep : rom. . . and be like affectioned one towards another . and again , who is weak and i am not weak ? who is offended , and i burn not ? if ( wee say ) there is such a sympathy in the mysticall and naturall body , why should not the same be also in the body politicall ? if therefore any , or many members of the body of great britain . be diseased or distempered through malignant humours , which may perhaps , not onely work obstructions in the pipes of government , but also make the head complain , and cry out for pain ; yet are not these members ( by war or any other means of this nature to be cut off from the head , unlesse they prove so poysoned putrified , and gangrened ; that they are destructive to the whole body . but god be thanked sir , the humours of your people are not yet so desperate , but that if your highnesse ( like a good phisician ) will vouchsafe in love to visit them , feel their pulses , and apply unto them a dosis or potion sutable to their distempers , they may be easily , both cured and qualified : but as for the medicine which you have applyed to them hither-tils , ( if we be not much mistaken ; the ingredients thereof have been too sharp , and if you give them any more of it , you are like to marre all . ) for there be some humours and diseases that are sooner expelled and cured by lenatives then by corasives by gentle potionsr then by sharp purgations : and such are these of the inhabitants of great britain , both scots and english ; but especially the scots , whom i cannot more fitly compare then to a cannon bullet , which is dinted and quelled with the least softnesse , and is never so rigid and piercing , then when it is most resisted would you therefore have the peoples sore healed ? why then , sir , correct your physick , this plaister of war is too corasive ; bellona should be a kings ultimum refugium , his last , because his worst refuge ; be therefore perswaded by us , that whosoever did first perswade your highnesse to this course , had as good advised you to tread upon a thorn , or put your hand into a wasps nest . for when you conceived , white hall to be on fire , they did what they could to adde fuell to the flames , and cast on faggots when your house was burning , making the rent greater , and the wound deeper ; and consequently the remedy worse then the disease . as therefore your highnesse doth tender your own honour and safety , welfare of your children , and friends , and prosperity of your people ( if it be possible ) and as much as you can divert from them this course of war . remember that god will require the life of a man at the hands of his brother , and if of a brother ; much more of a father . gen. . for a king is the nursing father of gods people ; take from hence-forth a precise account of the death of your meanest subject ; and let his bloud and life be precious unto you . seeing that homo quilibet , est pars communitatis : every particular person is part of the whole state ; a subject of one kingdom , and member of one politicall body ; if therefore one member suffer , let all the members ( especially your highnesse the head of all ) suffer with it . cor , . . otherwise it is a dangerous symptome that the body of these kingdoms is palsie-stricken , or at the least some lethargy or mortall sicknesse is approching , to it , which rendreth it both insensible and incurable . the fourth and last question is , what is the best means or which may be the chiefest preparatives for your highnesse and your associates to obtaine an honourable and lasting peace . we shall in this point also endevour to give you satisfaction if either you will follow our advice , or receive the same without partiality or prejudice . and first , we say , that the best way to a firme and honourable peace is by the work of righteousnesse , for the work of righteousnesse is peace , and the effect thereof ioy and assurance for ever : as the prophet speaketh , esay , . where by the work of righteousnesse , wee doe not so much understand that imputed righteousnesse of christ , which is truly and properly inherent in him , but so made our by faith , that god doth accept of us as righteous for his sake , as if this righteousnesse were properly and truly inherent in our selves , which is called the righteousnesse of faith , rom. . . and the righteousnesse of the kingdome of god , matth. . . nor by this work of righteousnesse doe wee understand altogether thut actuall righteousnesse which is to be performed by us : whereby we shew the truth of our faith , by the works of piety , charity , humility &c. ( although the words may admit either of these without prejudice ) but by the work of righteousnesse we conceive principally , an habituall disposition and inclination , both to practise and affect things that are good and righteous : in a word wee mean no otherwise then that your highnesse would withdraw and alienate your affections from unjust and unrighteous persons . offices and officers , who have these many yeers past mayntained , and still hope to mayntaine themselves by the ruine of the church and common-wealth , who ( like so many syrens ) have so long and so miserably inveighled you ; and by their circean inchantments , moved you to presse that prerogative ( which the almighty gave you for the preservation and welfare of the people ) and that both in church and state affairs ; so much and so far as that whereas it should have been as a diamond in your crowne , to honour and adorn you , they have made it by their sophisticall and machiavilick insinuations , as a prick in your side , or a thorn in your foot , to hurt and mischief you . may it therefore please your highnesse , to let this be the first preparative to an honourable and happy peace , even to withdaw your royall person and favour from the contagious company of such flattering sycophants ; that from hence-forth you may not onely professe , but practice that part of the royall motto ; salus populi , suprema lex : and to this purpose , because your great counsell of state are now about a work of reformation , let not your highnesse fail to comply with them in the same , then which you shall finde nothing more pleasing to god , and profitable to your self , and that in these two things , viz. first , in contenting your self with such a competency of royall priviledges , revenues , and prerogative , as may be most consistent with the truth and purity of that religion which you professe ; manners of the country , and affections of your subjects , shewing rather a royall and christian moderation , then an imperious and insatiable ambition : and ( so you may enjoy it peaceably and comfortably ) thinke your self-sufficiently enriched , although you have no more for the present then what is shared out for you by the providence of god , and love of the people ; yea , although it were much lesse ( especially , rebus sic stantibus , then was left you by your royall progenitours . for what greater happinesse can come to a king then contentment , who is never more excellent and commendable , then when his affections are most moderated ; and what contentment can your highnesse want ( when , if complying to the complexion and disposition of your politicall body ) you continue to be the head of such a wise , noble , and godly nation ; to sway the scepters of three almost angelick kingdoms in one city , whereof there is to be found more wealth , lustre , beauty : prudence temperance , justice , valour ; and finally , all the delights of the sonnes of men : then the emperour of muscovia , and divers others great potentates can command within the circumference of their vast dominions . happy therefore is that prince , who knowing that he cannot have all contenteth himself with a part , even with such a part as he may quietly and honourably possesse with the suffrages of his people ; for if the greedy appetite be not satiated , a poore shepherd shall finde more hearts case in a beggars cottage then a great emperour ( if ambitious ) in a princely palace . let kings therefore consider , that the more they abound with worldly wealth : the more doe abound their cares , for when goods increase , they are increased that eat them ; and the best way for a king to be rich is to know when he hath enough : and not to improve his revenues through pilling and polling his subjects by sordid and unnecessary taxations and monopolies , for hereby hee doth not strengthen his crowne , but bewray his tyranny , nor increase his honour ; but call in question that love which he oweth to his people . o what great grief it is to loyall and loving subjects , to see their sovereigne undoe himself , for the enriching a company of unworthy , temporizing , and self-seeking parasites ? who perhaps ( if his back should be at the wall ) would turn their backs upon him , and like a shadow , follow him no longer then the sun shineth , or if he should stand in need of their counsell , could give him none better then that of achitophel . that any prince should thus mistarry , is grievous and lamentable ; but for such a king as your highnesse should be who have so often smarted through the machiavillick impostures of the roman antichrist and his abettors ; for such kind of men : expose yourself , your posterity and crowns to such extream exigencies . quis talia fando , temp●ret à lachermis ? be wise therefore , ye kings , and be learned , yee judges of the earth be carefull as to have the wicked removed , so also to have your desires moderated seek no more then is enough either for your selves or others : for then certainly you shall finde in your thro●e more cares then comforts , and in your crowns , more thorns then diamonds for he that loveth silver shall never be satisfied with silver , nor he that loveth abundance with increase : as wealth cannot fill mans heart so cannot grace his purse : naturall desires are finite but the desires of the soul are infinite , which when they are not watched but let goe loose roving up and down , and not composed and limited according to the rules of godlinesse have brought men even kings and princes into infinite labyrinths and anxieties : witnesse that insatiable conquerour , whose unlimited ambition the poet thus bemoneth : unus pellaeo juveni non sufficit orbis aestuat infoelix angusto limite mundi . and many also of the roman caesars , whose time wee may read in their insatiable affections and whose covetousnesse hath brought their titles and diadems unto their uttermost period , of whom we may almost say , etiam perire animae that little of them that is left is perished : in a word , therefore , happy is the man be he king or subject , that delighteth more in piety then in pelfe , in heavenly goodnesse then in worldly goods . — cui paternum splendet in mensa tenui salinum nec leves somnos timor , aut cupido — sordidus aufort : secondly , for the obtaining an honourable and lasting peace , and performing this work of righteousnesse , your highnesse must look well to the rightnesse of religion viz. that the religion which you establish be made choice of not according as to the eye it seemeth gayest , but as it is most free from , and most contrary to all corruption of mans life and manners , such as is grounded , not upon mens invention , but divine direction : that your highnesse give way to such a kinde of divine worship as is not according to the nature and will of man but according to the will of god who being a spirit loveth best to be worshiped in spirit and truth , and not in or by any painted or graven images , outward pomps , gaudie cloaths or superstitious representations of any thing that is in heaven above or in earth beneath , such as all false religions abound withall , and whereby hereticall and idolatrous priests , delude and dazle the eyes of simple people , who are naturally inclined to affect that soonest which to the eye seemeth gayest , making them believe that these dumb shews and pictures , are lay mens books , in the mean time hiding from them the power of christ in the work of the ministry . and seeing there is no difference between your highnesse and us in points of doctrine ( the word of god being preached by us both in as great purity and orthodoxnesse as can be consistent with a militant church ) our request unto your highnesse is ( as you tender either your own or our peace , to admit with us the same reformation and purity in matters of discipline , as is implyed in the premises for certainly sir solong as the discipline of your church remaineth unpurged , the members and professors thereof can never properly be said to be of the true protestant religion : well they may be called protestants , and said to be of a protestant religion , viz. comparatively as they have relation to eutherans or nicholuitans , or some other sect of protestanisme but to be protestants indeed , that is , true protestants , of the true reformed protestant religion they cannot because their religion is reformed onely in part . viz. in matter of doctrine , the discipline remaining and being retained in the same corruption and superstition as they received it from the roman church : whereas the true protestant religion exercised in the presbyteriall government is equally reformed as well in discipline as in doctrine , depencing absolutely upon the word of god , without any excessive or scandalous mixture ( other then accords with christian simplicity decencie , and charity ) of humane inventions , or superstitious innovations : but if you highnesse will needs maintain some disparity amongst ministers , preferring some before others , who in respect of their eminent parts , may seem to deserve better we will not discommend it providing that your highnesse remember well your fathers councell in his basilicon doron , pag . viz. so to charge and change them with such bonds as may preserve them from creeping into corruption . a third mean to procure an honourable and lasting peace is to unite the people , as well as the countreys of england , and scotland , ( which can never be effected by your highnesse so long as you stand in opposition to the parliament ; but and if you can be so happy as to come in then we conceive it may easily be wrought in this manner ; viz. first , by making an universall act of oblivion in both parliaments for all nationall quarrels and deadly feuds , which have been a prohibition from all , which in time to come may acrew betwixt the natives of either kingdome by reason of any occurrence or passage of preceding or future times . secondly , by abolishing the respective names of english or scotish men ; which ( in respect of the great controversies and differences , which have been between the two kingdoms ) doe still continue names of prejudice , to the great exasperating of the affections of both sides , and possessing them with rigid and implacable mindes , one against another , upon the least and most slender occasionall distastes , and that all the inhabitants of this one island may be called by one name , of east , west south or north britains ; with some aditionall title of the shire or county , prefixed for disinction sake . thirdly , by engaging an equall number of both kingdoms in their fellowship at armes , in some publick and fortunate lawfull war , beyond the seas , where their honour and danger may be equally divided , and no jealousies , nor contention arise amongst them , but of wel doing , certainly , one victory obtained by the sound valour of the scots and english , ( wheresoever it be , so it be not at home , let it be in bohemia , france , spain , or where your great councell will think fiting ) will make a stronger and more indissoluble knot of union both between them and your highnesse , and amongst themselves then ever your highnesse could make by choosing your minions alternatively out of each nation , or by making scotch men lords of england ; english men lords of scotland ; or yet by mixture of marriage , for although marriage may make two persons one , yet can it not make two people to be one ; certainly , all these are too weak ingrediences to compound a love-potion for them that were wont to thirst after one anothers blood , it must be something more energeticall and vertuous that must qualifie and chain the different humors of these two nations ; and make them forget whose fortune it was to be envied , and whose to be contemned in times past ; and to speak ingenuously : never had king a fairer oportunity to effect this , as your highnesse hath now , all the kingdoms in christendome almost being now by the ears together , especially if in this your day , your highnesse would resipiscere , and come to your self , and so much tender your own health and welfare , as to apply unto your almost gangreen , and incurable wounds , a salving playster of parliamentary union . finis . notes, typically marginal, from the original text notes for div a e- transilvania , france , ireland . aristot . ethic. lib. . die jovis, februarii, . ordered by the parliament, that the officers belonging to the recruits and forces which now are, or hereafter shall be raised for the service of this commonwealth in ireland, do constantly attend their respective charges; ... england and wales. parliament. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) die jovis, februarii, . ordered by the parliament, that the officers belonging to the recruits and forces which now are, or hereafter shall be raised for the service of this commonwealth in ireland, do constantly attend their respective charges; ... england and wales. parliament. sheet ([ ] p.) printed by john field, printer to the parliament of england, london : [i.e. ] title from caption and opening lines of text. with parliamentary seal at head of text. all signed: hen: scobell, cleric. parliamenti. reproduction of the original in the british library. eng great britain -- militia -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no die jovis, februarii, . ordered by the parliament, that the officers belonging to the recruits and forces which now are, or hereafter england and wales. parliament. a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion blazon or coat of arms die jovis , februarii , . ordered by the parliament , that the officers belonging to the recruits and forces which now are , or hereafter shall be raised for the service of this commonwealth in ireland , do constantly attend their respective charges ; and that the said recruits and forces shall march directly to their ports , without any unnecessary delay ; and shall in their march to the sea-side quarter in inns and ale-houses onely , and pay for what they have : and all constables and others concerned are to take notice and care hereof ; and the several commissioners for the militia or monethly assessments , or any two of them , are hereby authorized and required to give their assistance in their respective counties , that this order be duly observed and performed accordingly . hen : scobell , cleric . parliamenti . die jovis , februarii , . ordered by the parliament , that the councel of state do take care that this order be sent into the several counties through which these recruits are to pass , to the respective commissioners for the militia's and for the monethly assessments , and to the constables , that they do take care the same be observed accordingly . hen : scobell , cleric . parliamenti . ordered by the parliament , that these orders be forthwith printed and published . hen : scobell , cleric . parliamenti . london , printed by john field , printer to the parliament of england , . o ye, yes, all ye manner of whigs who have lost your intended caball-feast ... j. d. e. approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). b wing e aa estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. b ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) o ye, yes, all ye manner of whigs who have lost your intended caball-feast ... j. d. e. sheet ([ ] p.) s.n., [london : ?] title from caption and first line of text. signed at end: j. d. e. april . place and date of publication suggested by wing ( nd ed.). reproduction of original in: national library of scotland. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng political satire, english -- early works to . great britain -- politics and government -- - -- early works to . broadsides -- england -- th century. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - john pas sampled and proofread - john pas text and markup reviewed and edited - pfs batch review (qc) and xml conversion o ye , yes , all ye manner of whigs who have lost your intended caball-feast , ( and guiney into the bargain , ) repair to whitehall to morrow april . between . and . in the morning , in order to being touch'd for cure of the kings evil ; where you shall have , not your guiney only , but your loyalty restored again , if you please . detegit imbelles animos nil fortiter ausa seditio — luc. phars . odi profanum vulgus , & arceo . j. d. e. april . an act for taking away fines upon bills, declarations and original vvrits. england and wales. parliament. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) an act for taking away fines upon bills, declarations and original vvrits. england and wales. parliament. sheet ([ ] p.) printed by john field, printer to the parliament of england, london : . order to print dated: tuesday the second of august, . signed: hen: scobell, clerk of the parliament. reproduction of the original in the british library. eng fines (penalties) -- england -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no an act for taking away fines upon bills, declarations and original vvrits. england and wales. parliament. a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion blazon or coat of arms incorporating the commonwealth flag ( - ) an act for taking away fines upon bills , declarations and original writs . be it enacted by this present parliament , and the authority of the same , that from and after the fifth day of august , one thousand six hundred fifty and three , no fines shall be taken upon bills , declarations , or original writs ; but such writs shall be from thenceforth issued , and such bills and declarations admitted and filed , without taking any fine . tuesday the second of august , . ordered by the parliament , that this act be forthwith printed and published . hen : scobell , clerk of the parliament . london , printed by john field , printer to the parliament of england . . an ansvver to the london ministers letter: from them to his excellency & his counsel of vvar; as also an answer to john geree's book, entituled, might overcomming right; with an answer to a book, entituled, the armies remembrancer. wherein it appears the accusations of the army are unjust, and the armies proceedings justified by the word of god, and by the light of nature and reason. also a discovery of that learning, and ordination these ministers have, and the vanity and insufficiencie thereof, by the word of god, and that those are the things with which they delude and deceive the people. / by samuel richardson. richardson, samuel, fl. - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing r thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) an ansvver to the london ministers letter: from them to his excellency & his counsel of vvar; as also an answer to john geree's book, entituled, might overcomming right; with an answer to a book, entituled, the armies remembrancer. wherein it appears the accusations of the army are unjust, and the armies proceedings justified by the word of god, and by the light of nature and reason. also a discovery of that learning, and ordination these ministers have, and the vanity and insufficiencie thereof, by the word of god, and that those are the things with which they delude and deceive the people. / by samuel richardson. richardson, samuel, fl. - . [ ], p. printed by i.c. for hanah alin, at the crown in popes-head alley, london : . a reply to "a serious and faithfull representation of the judgements of ministers of the gospell within the province of london"; "katadynastēs" by john geree; and "the armies remembrancer" by rr. annotation on thomason copy: "jan: . ". reproduction of the original in the british library. eng geree, john, ?- . -- katadynastēs. rr. -- armies remembrancer. serious and faithfull representation of the judgments of ministers of the gospel within the province of london. great britain -- church history -- th century. great britain -- politics and government -- - -- early works to . a r (thomason e _ ). civilwar no an ansvver to the london ministers letter: from them to his excellency & his counsel of vvar;: as also an answer to john geree's book, enti richardson, samuel c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - elspeth healey sampled and proofread - elspeth healey text and markup reviewed and edited - pfs batch review (qc) and xml conversion an ansvver to the london ministers letter : from them to his excellency & his counsel of vvar ; as also an answer to john geree's book , entituled , might overcomming right ; with an answer to a book , entituled , the armies remembrancer . wherein it appears the accusations of the army are unjust , and the armies proceedings justified by the word of god , and by the light of nature and reason . also a discovery of that learning , and ordination these ministers have , and the vanity and insufficiencie thereof , by the word of god , and that those are the things with which they delude and deceive the people . they have seene vanity , and lying divination , saying , the lord saith , and the lord hath not sent them , and they have made others to hope that they would confirme the word . my hand shall be on the prophets that see vanity , and divine lyes . ezek. . . . . the lord frustrateth the tokens of lyars , and maketh diviners mad ; turneth wise men backward . and maketh their knowledge foolishnes , esa , . . but god hath chosen the foolish things of the world to confound the wise , and god hath chosen the weak things of the world to confound the things that are mighty , cor. . . by samuel richardson . london printed by i. c. for hanah alin , at the crown in popes head alley . . to the generall , and his excellent counsell of warre . right honourable , and worthy sirs : honest and faithfull fairfax , and cromwell , &c. that counsell cannot but be excellent , that is righteous , for ; the righteous is more excellent then his neighbour : let it therefore please your excellencies to consider , that not any thing will become you , but that which is excellent , singular , extraordinary ; wisedome , justice , love , mercy , noblenesse , self-deniall ; doe good to them that hate you , love your enemies . he hath shewed thee o man , what is good , what doth the lord require of thee to doe , justly , and to love mercy , and to walke humbly with thy god . it shall be said , what hath god wrought , we have not wrought any deliverance in the earth . you are a terrible army , for the lord is come downe among you , the lord of host is with you , the god of jacob is your refuge . all that were incensed against thee shall perish , they that warre against thee shall be as nothing , and as a thing of nought . you have undertaken to lay a foundation of peace , if you doe it not , you deceive your selves and us , the worke you are a doing is of the lord ; you have a good cause ( you are against tyranny and injustice , they are for both ) stand to it , feare not , stand not still , goe forward , make haste , be faithfull in a little , keepe that which is committed to thee ; put no power into their hands who know not the righteous , or looke upon them to be wicked . we cannot help our selves if you should leave us , it had been better for us to have wandred in the wildernesses , if you should ( as we trust you will not ) betray the worke of god in your hands , by leaving it to them that will spoyle it ; what will become of the people of god ? the generations to come will say ; yee began well , and lost much blood , but your hearts fainted , proved back-sliders , suffered all to come to nothing , lost your end , and the glory of your former faithfulnesse ; verily , every man at his best estate is altogether vanity . selah , we acknowledge you to be a mercy of god to us , and this kingdome ; your intire love and fidelity is a small thing to many , but not so to us ; that which you have done for to prevent persecution in matters of religion , is a singular thing , extraordinary : the loves and kindnesses you have shewed to us herein , the god of heaven takes it as done to himselfe . i heartily thanke you in the behalfe of my selfe , and a hundred thousand , for your intire and sincere love to us ; you have indeared our hearts to you , we thinke not our lives too much for you , because you have saved our lives , and more , and have not esteemed your lives too much for us , but often have offered them up for us ; we resolve to live and dye with you . sweet friends , i present you with the best i have , it s a little one , yet who knowes but you may see something of god in it . have you never read , out of the mouth of babes and sucklings thou hast perfected praise . the lord will blesse and preserve you , there shall not a haire of your head perish , much lesse your lives , without your father . when you have served your time , and done the work god hath appointed you to doe , then , and not till then he will send for you home , then shall we be for ever with the lord , wherefore comfort one another with these words . i am your friend and brother : jan. . , samuel richardson . to all that love the trvth in sincerity . deare friends : the lord is doing a great and wonderfull worke for his people , and this nation , by the army ; when the ministers heard of it , that the breaches began to be stopt , like tobias and sanballat , then they were very wroth , and conspired all of them together , to fight against hierusalem , and to hinder it , nehe. . , . see verse . . so doe these ministers , to obstruct , and hinder the army from stopping up the breaches others have made . there arose out of the bottomlesse pit , smoak , and the smoake was as the smoake of a great furnace ; and the sunne and the ayre was darkned , by reason of the smoke of the pit : and there came out of this smoak locusts , and to them was given power to do hurt . revel. , , . & . . this smoake is the learning of the ministers , this is the wisdome of knowledge , that perverts them , esay . . this is not the wisdome and knowledge of god , locusts comes up , and out of this smoake , in their learning men grow up , and become ministers ; this ; smoke , this learning , darkned the sun ; obscure christ he cannot be seene for this smoke , and the ayre was darkened by reason of this smoke : mens mindes are darkened and clouded they cannot see , nor understand the knowledge of the light of the sun , viz. of christ ; by reason of it , it hath been often observed , that the greatest schollars are the worst men , and where they are , the people are the most ignorant of god . to doe hurt to those men that have not the seale of god upon their fore-heads , ver. , , . see the description of them is in ver. , , , , . this smoke blindes mens eyes that they cannot see god , nor his workes , there is a vaile over mens eyes that they cannot see by reason of it : the priests , and their learning , is this vaile , forty seven appeare in print in one booke against the proceedings of the army , from these learned men there hath come such a great smoke , that some that did see are now made blinde . so as they professe they cannot see as they did the god of this world hath blinded their eyes ; yet if they can but heare , we hope they shall see better then ever ; therefore heare and consider these things : that you must not judge that to be truth , which the greatest number of ministers are for , but the contrary : the prophets of baal are foure hundred to one true prophets of the lord , micaial● , king. . . . so now wonder not though there be four hundred against one peters , who is a true prophet , rude in speaking , not in so knowledge , cor , . , he is led by the spirit of god , and the others not . many say do the rulers , the ministers , approve of what the army have done ? so said they in christs time , have any of the rulers or of the pharises believed in him , john , . this deseives many , see zach. . . . secondly , thou thinkest that the wise and learned men , know more then other men ; but the truth is , they know least , if you will believe christ . thou hast hid these things from the wise and prudent , and hast revealed them to babes . see luke . . the scripture is sufficient to furnish every good worke , tim. . . without their learning . thirdly , thou thinkest the learning these ministers have , is that learning the scripture commends , to inable men to know the truth ; but it s not so , do but consider christs apostles were ordinary men , ignorant unlearned tradesmen , fishermen &c , when they saw peter and iohn , and perceived that they were unlearned and ignorant men , they marvailed , and perceived they had been with jesus . act. . . the anointing is that which teacheth us , the spirit leadeth us into all truth , and searcheth the depe things of god . this alone is sufficient , see iohn . . . cor. . . john . . . cor . . . the gifts of the spirit simon magus would have bought , with mony . se acts . . the tongues and arts which these ministers have , are bought with mony and industry , nor are they such the tongues ▪ the apostles had were not so come by , they in a moment were inspired , nor were they like these , see act. . . . . . . . none are the nearer to the knowledge of the mind of the spirit for having all this learning and humane arts these ministers have ; nicodemus was a pharesee , a learned man as these ministers are , a teacher and a ruler , yet was as blind in the understanding of being borne againe , as the greatest foole in the world , popes and cardinalls , priests , enemies to god , and his truth , and people . are learned men good schollers ? the iesuites are so by these ministers confession ; this learning is that knowledge that puffs up , makes men proud , god resists the proud , s● pet. . . these ministers are not ashamed to say to the army , it is sutable for private persons to have propounded , and for the msnisters of the gospell to have resolved , behold the pride of these men , they are high-minded , they would have the army to know that they are but private persons , and that themselves are ministers of the gospell , and that their knowledgo and understanding , is above theirs ; for they have not the learning they have , and therefore if there be a question to be propounded , they must be sent for to resolve it ; they may not have so much liberty as to speak what they understand , to their owne questions that concerne them , because they are private persons ; but dare these ministers say , such as are private persons have not the spirit of god ? or will they deny the sufficiency of the spirit , teaching so much as to answer to a question . oh the pride of these men ! blush oh heavens at their blasphemy , for they attribute it to their learning . this savours strongly of the flesh , phil. , . and is contrary to the word of the lord which saith the spirituall man discerneth all things , yea the deepe things of god . cor. . . we are warned to take heed of phylosophy , it spoyles men , col. . . men say their learning is a good helpe if sanctified ; no man is able to prove , that god did approve of the use of it , for to be a helpe to know the mind of god , much lesse that he ever did , or ever will sanctify it for such an use ; the scripture prove the contrary . learning is a wise thing in the eyes of the world ; therefore god rejects it . god hath chosen the foolish things of the world , to confound the wise , and god hath chosen the weake things of the world to confound the things that are mighty . cor. . god will not have his gospell preached in wisdom of words , lest the crosse of christ should be made of no effect . cor. . it is contrary to christ , v. . its never blessed by god to be a help in spirituals , god destroyes it , cor. . . the gospell is not to be taught at , in excelency of speech or mans wisdom , declaring unto you the testimony of god , which things also , we speak not in words which mans wisdom teacheth but which the holy ghost teacheth , comparing spirituall things with spirituall . cor. , . . not with naturall ; god chooseth foolish people to salvation , jam. . . . and such christ chooseth for ministers , else if they were not foolish ministers , according to mans wisdom , worldly wise men would not esteeme there preaching to be foolish , as they did ( cor. . . ) and now do , a little pedlers french , or wild irish , doth foolish people as much good as greek and hebrew , such a one is a great scholler , and what else ? nothing : that is enough , or its a hundred to one but he is mad ( much learning hath made them mad ) or proud , & what then . then god resists him , and gives grace to the humble , god will confound the wise , that no flesh should rejoyce , cor. . . mans teaching is a poore thing , cor , . . . fourthly the learning of the spirit humbleth men , and causeth them to glory in the lord , cor. , . cor. . . iohn . . and not in humane learning as they do , learning is a great treasure with some , heb. . , . learning is a worldly treasure acts . . a rudiment of the world . fifthly , if knowledge be spirituall it savoreth the things of the spirit . rom. . . they saver truth and the people of god , these ministers do not so , they are like mad men at the truth and people of god , a carnall mind is enmity to gnd , cannot be subject to him , rom. . . if god please to give thee understanding of these things , thy eyes shal be opened . consider this and that which followes , and take heed of idolatry , search the scripture , and see whether these things be so or no , see that ye call not darknes light , and light darknes , little children and concerning the armies proceedings , if you consider the grounds they bring against the army , it will appear to be contrary to reason and scripture , they alleadg for proof , the intention of the parl. to be binding to the army , which is against scripture and reason ; for by the same reason it will follow , that if the parl. did not intend , that they and we should do good , we must not do any : so they alleadge authority against them , a few private persons , so they condemn what good was done in scotl. by argyle and crumwell &c. they were not the parl. nor the whole people , nor nor the major part , yet approved of by the parl. of england all the best men in engl. and scotl : so the ministers would have the army , not to act a●cording their owne understanding , but contrary which is against the light of nature , so they say , all acts of justice is to be by the magistrate ; yet they who were to thrust them through were no magistrates ; see zack . . . tyrany , wickednes and oppression , they urge us to be subject for conscience sake , because they are magistrates , and all power is of god ; but all power is not in the magistrate , some is else where , isa. . ● . cor. . . cor. . . it s well some is in the army farewell . s. r. an answer to the london ministers letter to the generall , and his councel of vvarre . as also an answer to john gerees book ▪ and the armies rememberances . ministers charge the army , as intermedling with the affaires that belong not unto you , to usurpe authority over the king and parliament , seazing and imprisoning the kings person , without the knowledge and consent of parliament , unparalleld violence offered the members of parliament , violating their priviledges , injurious and destructive to the kingdom , and that by an army raised for , and by the authority of parliament , for the preservation of the priviledges thereof , our religion , lawes , and liberties , contrary to their trust and engagements , do that which tends to the manifest subvertion of them all , the parl. torne a peeces by professed friends in one day . answ. the armies commission was from the parliament : therefore the authority of it , is the same with that ; and as souldiers , they were to act for , and against all that opposed the peace , liberty , and safety of the kingdom : so that if they have not gone further , nor done nothing contrary to their commission ( of which more in the insuing discourse ▪ ) then they have not exceeded their calling and commission , and therefore are not to be charged with sin . . grant the parl. did not intend ( when they gave the army commission ) that the army should judge of their councels and imprison their persons : nor no more did the king when he gave his commission to call this parliament , he did not intend that they should leavy war , and raise forces against him , &c. the cause is the same , and the reasons that will justifie the parl ▪ in opposing the king in his evill wil , justifies the armies proceeding against the parl. in theirs : what is alledged concerning the parliaments intention● , is irrationall , they are unknown to us , nor binding , if they intended well , or ill ▪ their intentions could not change the nature of things , nor cause good to be evill , nor evill to be good : if they had then resolved that they would not for the future do any act , but what was then in their minds , they had gone too farre , no man can tell what he shall do to morrow , much lesse . yeares hence . . the army had no commission from the people so to act , it may be made appear , that they had the consent of the people , as appeared by the many petitions presented to the army , from many parts of the kingdom : if it be said , they were but a small part , we answer , they were the better part , wise , and faithfull , who were friends to parl. no parliament man had the consent of all where they were chosen : that the kings party who are against the parl. & army , that they should consent to the actions of the army , it is not to be expected nor desired , the army themselves are to be considered , to be a greater number then . or . of a few private persons as they say , not because they think so , but because they would have been so ; but if the people had declared against that they have done , y●● is it to be justified , to be necessary , good , and lawfull . . men may , and ought to do good without commission , but not evill with commission , if the kingdom may not be delivered without a commission from man , then not a city . i demand of all these ministers what commission or calling the poor man had that delivered the city by his wisdom , eccles. . . there is no mention of any , but the contrary appeares , for the wisdom of the poore is despised , and his words are not heard . vers . if so , then they gave him no commission . . none remembred him for delivering the city ; if they had given him commission to do it , was it likely they could so easily forget , so as none could so remember him . . necessity is above the law of god , therefore ( above the law of man ) david eat the shew-bread , which was not lawfull for him to eat : his necessity is above law , and that made it lawfull , mat. . the scripture approve of his doing of it ; but i require of you what expresse word , ( excepting the generall duty , what cōmand ) had he to warrant him to eat it . . a course in it self singular , and unjustifiable , by reason of some circumstances falling in , may not only become lawfull , but a duty , and sin to neglect it , publique things are to be done by publique authority , the dictates of reason & common consent of all counsels , alow to those intrusted with the supream authority of a state or kingdom they alow not , to a multitude of private persons , though they have strength in their hands to effect it , grant it in case they will do it , but what if they will not do it , ( then the cause is altered ) but do that which will indanger all ; if this be your mind , i desire to know upon what ground you will justifie phineas act lawfull ; i doubt not , but what the army hath done , may be justified upon the same ground , and gerees argument against the army condemns the act of phineas ; all exercise of jurisdiction , where neither by god or man we are cloathed with authority ; is usurpation breach of order injurious , and so greatly sinfull ; but phineas act was an exercise of jurisdiction , and he was not cloathed with authority , not frō god or man to do it : therefore that his act was us●rpation , a breach of order injurious , and so greatly sinfull , we challenge you to prove if you can , that phineas had any expresse command from god or man , jurisdiction , or commission to run them through as he did with his jaulin , he was no magistrate , he was but the sun of a priest , it was an act of judicature : also they were his superiors , for they were princes that he killed , numb. . . . . condemn it you cannot , because god doth in expresse words commend it , and reward it . v. . . . you use to say , it is an extraordinary cause , but the scripture saith not so : therefore it s but an extraordinary put off , so shift your hands of it , tell us how we shall know when we have such an extraordinary cause , that we may do so in that cause : the lord doth not say , he did well because ( he was a magistrate , and had jurisdiction , and cloathed with authority , but ) he was zealous for his god , ought not the army ( as well as others ) to be zealous for god . but if after that act of phineas , so such act could be lawfull , why is this act of his , recommended to all generations for evermore , psal. . . . god had appointed such parsons as he slew to death : the magistrate did not do justice , therefore god sent the plague among the people , he knew none else would do it , all ealse refusing it , fell to be his duty , and he did it , and the plague ceased , and it is recorded for after generations , for a righteous act : this is the armies cause , and though you condemn it , we passe not , so long as gods word warrants it , and shall be a righteous act to all generations for evermore , wisdom is justified of her children . i am no magistrate , it belongs not to me to passe sentence upon any man , much lesse to put him to death ; but suppose i be set upon in my journey , so as i see not how i can scape with my life ; but i must kill or be killed : now the cause is altered , i may murther him , as you call it , and the law saith , it s no murther ; i had sinned , if i had not done it ; for that law that requires me to preserve my neighbours life , bids me preserve my own first , charity is to begin at home , though not to end there upon this ground , if the cause were the same : there be them that would put no difference between a priest and another man . if god discover his will to men , and give them hearts and opportunities , wisedome and power to doe it , it s there calling and commission to doe it . i know no calling that i have to take care , and provide provision and cloaths for another mans wife . besides , it is not of good report , but rather a scandall to doe it ; but suppose her husband cannot , or will not , nor any else provide them for her , and she cannot help her selfe ; now the cause is altered , i must be mercifull , and if i be able to help to provide those things for her , and if i suffer her to perish , will it not be my sinne also ? this is the cause of the kingdome , the king should have help't , &c. but did not , then it became the duty of the parliament to have releeved the kingdome , but they did not ; her necessities great , and many petitions concerning th●● were sleighted and burnt , waited many yeares for help ; our oppressions not removed , all complaine dangers increase , no remedy appeares , they not help us , nor tell us how long it will be before this parliament will be at an end that we may have another , to see if they will help us ▪ when all failes , no ground of hope of life is left : danger eminent , and no other meanes of help left , this is a cause of necessity . now it 's the duty of the army to help , and if they had not , it had been their sinne , if not their overthrow ; if they had suffered it to perish , the kingdome had been well holpen up with a remedy in extremity . if the army had been as the priest and levit , that allowed no help to the man ; this the wounded and dying kingdom , i would , if i could , have done it my selfe alone , and not aske no leave ; god requires me to doe all the good i can to my selfe , and others , if i can doe good without man , i will not ask his leave ; i need not , suppose i see one a robbing of another , or hath taken his cloake , &c. from him , i will require him to give it him againe , if he will not ; if i can , i will take it by force and give it the owner : if he , or any say , you are out of your calling ▪ what , and who gave you commission to meddle with me ? so long as i doe that which is just i passe not for such words , it is my duty , as a man , and as a christian , to releeve the oppressed , and doe what good i can ; if i were able i would quickly remove all the oppressions in this kingdom , and the next , and if i could the next to that , and i should sinne if i did not doe it . who gave cromwell commission to doe so much good as he did in scotland ? i doubt that the old cavise , and the new ones , the priests are unsatisfied , scrupeled , and very much doubt of his call into scotland , &c. the army had a cleare call to doe what they did according to the london ministers principle , as appeares clearly from their owne confession ; they say , a necessity of a letter must be framed to the generall ▪ &c. but observe ( upon what grounds they make it appeare , they have a call from god to doe so ) we apprehend our selves obliged thus to appear for the maintenance of , and setling the government of the kingdom ; to testifie our utter dislike and detestation , it is most apparent to us your way and practice is unlawfull and irrigular , in zeale for gods glory we have discharged our duty . this is in their judgements and conscience a cleare call , so that if the army can say the same things , they have the same call they have ; i should be heartily sorry if they had no better call then the ministers , whose conscience i appeale to , whether if they had power in their hands to reforme all things , that ( in their consciences ) are amisse , whether they doe not judge that they ought to doe it , and should sinne if they did not doe it , though they are no magistrates ; if they say , ye , then they justifie the army ( for they doe but according as they are perswaded by god in his word , and their owne conscience ) if they say no , if i did beleeve them , i am perswaded their judgements would change the very first day that the power comes in their hands . the army had an expresse command of god to warrant their not disbanding , and ceazing on the members , and the sixth command injoynes , that they should doe no murder ; this generall command comprehends all the particulars under it by way of precept are injoyned , i must doe no murder , therefore 〈◊〉 must use all the meanes of the preservation of my life , and my neighbours ; but the ceazing on these members is a meanes of preventing this evill ; i see disbanding and permission of these members is inconsistent to the safety of our lives and others ; by the law of nature every one is to use all lawfull meanes to preserve himselfe and others , the blame must rest on them that caused it ; that is , these parliament men , for had they done well they should not have been medled with , all meanes , with too much patience have been used but nothing prevailes . all actions agreeable to the word is lawfull , but to put a stop to prevent the shedding of innocent bloud is agreeable to the word ; for its the way to prevent much bloud to ceaze on these members , therefore they were bound in conscience to doe it . so that the kingdome have great cause to justifie and thanke them for what they have done . it s apparent to us there was no necessity of these your irrigular practices , it s discerned only by your selves , and your owne party : we say the same to you , its apparent to us that there was an absolute necessity to doe as we did , none thinke otherwise but the cavies , and their party , i geree , who is fittest to judge the people ; or the parliament , the army doe but pretend an apparent necessity of danger , it s but a fancie , an uncertaine fancie , a private conceit , visible to them and their party , the army is vanquished by this one poore dart of pretended necessity , the danger is greater this way then in the treaty . are you more able to judge then the army , and their party ? are you infallible , you presume you know better then the parliament , who hath declared , that what the parliament men did , was highly dishonourable to the proceedings of parliament , and apparent destructive to the good of the kingdome , and that their votes destructive to the kingdome , and that some of them regarded not the glory of god , and the good of the common-wealth . the paliaments determinations are uncontrovleable by inferiors : if the power of judging , and restraining , is onely in the representatives , then they may doe what they will , and destroy the kingdome by authority , you allow not the people in no cause whatsoever , not the least priviledge , or liberty , to help themselves : then to what purpose have wee fought for the liberties and priviledge of the people , when it seemes they are notto have any , if it be as you say , we are absolute slaves without any liberty ; for liberty turned into necessity , is liberty no longer ; your principle is large and dangerous , when iniquitie runnes downe like a mighty streame , you say , let it runne , they are rebels and traytors that offer to stop it ; this principle will please tyrants , that they may doe what they will , none may call them to accompt , nor meddle with them , if they act contrary to the end and intent of a parliament , if they refuse to consider the teares of the oppressed , and the cries of the poore , and burne our petitions instead of grantting them , increase our burdens and oppressions , they may commit as much sinne , and doe as much mischief as they please , and be sheltred under ally , which you call the priviledge of parliament ; but if it be not a sinne in the people to suffer those in authority to sinne ; why did god punish the people , for the sinnes of those in authority , as appeares jer. . , , , . king. . . . & . . your doctrine is exceedingly contrary to scripture , for if the saints may bind kings in chaines , and their nobles in fetters of iron ; to execute on them the judgements written , this honour have all the saints , psal. . , , . then i hope they may put a stop to wicked rulers . you cry , it s against the freedome of parliament ▪ they have had freedome enough to sinne , a breach of privilegde , to remove and punish evill doers is abomination to you ; you should have proved by scripture , that they are to have such a priviledge : but what you say is but sutable to what once one of the bishops ministers told me , that it was the magistrates sinne , if he commanded that which was evill , but not ours in obeying an unlawfull command ; & that if the magistate commanded me to kneele to a crucifix , i might lawfully doe it , and we must be subiect to authority , for conscience sake . this is one of your ministers of the gospell , this fig-leafe will not hold , the woman gave me , therefore i did eat ; the parliament bid me , therefore i did it ; i was not to judge , i am under the command of my superiour a sworne servant , to doe his will right or wrong , my ooth is indispensible , the ship of the common-wealth must be steared as the master thinkes best , i see he runs it upon the rock , and it will be spilt ; but he can tell better then i , i am not to judge , not to take it out of his hand . besides , the ministers say it must be so , therefore i am content to suffer with a good conscience ; all power is gods , and its all in the magistrate ; god requires me to doe good , but i must not doe it without his consent . god appointed magistrates for our good , rom. . . therefore he may ruine all : this is the summe of your exposition . the word of god is to be his rule in commanding , and mine in obeying ; we are both limited to the rules of scripture , gods glory , and the good of others , it must appeare unto us . if the people may not judge , but the magistrate , then the people are inslaved to their judgements , and we must act our owne ruine if they bid us , which is contrary to the scripture : for the children of israel sinned , in that they obeyed unlawfull commands : epharim is oppressed and broken in judgement , because he willingly walked after the commandement , hos. . , . for the statute of omri are kept , and all the workes of the house of ahab , and ye walk in their councels , that i should make them a desolation , and a hishing ; therefore yee shall be are the reproach of my people , micha . . the wisdome of the prudent is to understand his way , prov. . . therefore the army did well , to consider what they did , in obeying , or not obeying ; else we should equall the parl. with god , yea , and preferre them before him , in obeying them against god . every thing in the use of it , is either good , or evill ; the most indifferent thing when it comes to action is so , when the circumstances of it is good , the action is good ; if any of the circumstances of it are evill , the action is evill . is no act binding unlesse it be sufficiently cleared ; is a tenent destructive to all government : how can we judge it our duty to doe that which we know not ; your doctrine tends strongly to blind obedience , to doe we know not what . all actions without faith is sinnefull : that which we know nor what it is , cannot be done in faith , i must be fully perswaded of the lawfulnesse of that i doe , rom. . . which i cannot be , unlesse it be sufficiently cleared . the whole people should judge the whole nation , who made them trustees should cast them off . bravely spoke , then they may for ever doe what they list , for if there be but two persons for them , then the whole are not agreed , and so all must bee as it was , &c. danger of inconvenientie should not cause persons to bee controulers of magistracy . what no inconveniency ? if so , we must then quietly , and contentedly suffer our selves to be destroyed . the pleae , of necessity , is of the lesse weight in your cause , because ( we feare ) the ends you ayme at , are no more justifiable then the meanes you use , the necessity pleaded is either meerely pretended , or at least , contracted by your owne miscariage : who made you a judge of evill thoughts ; as for the necessitie and the meanes they use , its justifiable by the word , this is above answered . power of executing is committed to the army , to execute the uncontroulable decree of parliament , then the ministers shall decree , the house confirme , and the army be the executioners : are not the two last highly promoted . if the parliament had not done well , the army should not have upheld it in dead waies , the charge being true : but how could that be known , seeing none but themselves must judge : besides , how is it lawfull for them to leave them ; seeing , as you say , they are sworne servants , not onely , for years , but for ever : and they must obey them : therefore if they had left them ; the exceptions might have been the same : it had been nobly done of the army to have laid downe their commission : then should we have had our government set up in full power . they that resist authority , the power , resist the ordinance of god , shall receive to themselves damnation . the golden coard of government broken asunder ; the honour of magistracy laid in the dust ; what threatnings against them that oppose gods ordinance , jude . manifest opposite to lawfull authoritie , god hath set over us , it was the armies sinne and rebellion in not disbanding at the parliaments command . by these and the like scriptures , ye wrest and pervert the scripture : are we to obey authority because they command it , or because of the goodnesse of that they command ? if the first , ( for that is your charge or voting , the other we grant ) why are the people reproved for obeying , mica . . . hos. . . if it be sufficient that the authority command it , it was not their sinn in obeying ; or if the magistrate hath power over our bodies , then the . children sinned in not bowing to nebuchadnezars image , as he commanded : by this rule we may sin if the authority command it , if we must be subject to them , as not to oppose the will of those in authority in no cause , then if they set the kingdome on fire , and will have it burnt , we must not offer to quench it but suffer it to be burnt into ashes , nor never question them for it if they are not accountable . if the command must be lawfull , i demand who must judge of the unlawfullnesse of it : if ye say the magistrate , then the cause is the same with the former : if ye say , he that is to obey it , is to judge of the lawfullnesse of that he is to do , it is fit he should , why then do ye cry out of sin for not doing that they do not see to be lawfull : neither is it sufficient that the thing commanded be in the nature of it lawfull , for one circumstance may make it unlawfull : to eat meat is lawfull , yet god forbids the eating of it when my weak brother is offended at it : suppose the magistrate command me to eat it , though he be offended if he do , i may not eat it , unlesse i may prefer man before god : if you say , god commands me to obey authority , and that i sin if i do not do it , i deny that i am in this cause bound to obey the magistrate , though the thing be in it self lawfull , man cannot bind when god will have us free ; also if that he hath power in such things , then he may take away and restrain me from indifferent things , and take away my liberty ; which were to set up gods own , commanding things absolutely necessary , the other in things indifferent , how then shall i stand just in the liberty wherein christ hath made me free , gal. . . we are tied to do what they should command more , then because they command it , the magistrates power reacheth not to all civill things : it 's my liberty when to eat and what i shall eat , when i shall go to bed and when to rise , and what couler my cloathes shall be , and no man may bind wherein god would have us free , nor can they make any part of gods word to cease to blind , and be of no force to me , which before their command was of force to us , unlesse he can dispense with the law of god . if the parliament require me to betray the liberties of the people ; i know he hath no power from god to command me any such thing , because it 's injurious to my neighbour , and contrary to the law of nature , which requireth not to do , nor consent , nor permit that which is destructive to others , though magistrates are a lawfull authority : it 's a right stamp , but if the metall be not that it should , i will not take it unlesse it be good metall , as well as good coyne ; that we should be subject to the wills of men in commands not convenient , that we should sin and defile our selves , and incur damnation , because we will not sin , is strange doctrine which the bible never knew : it 's lawfull for the magistrate to bid me run a horse , but if in the place , children are so scattred , that i see i cannot do it with safety , i had better break his command , then murder or hurt children , and if he would do it , i ought to stop him : god saith let every one be fully perswaded in his owne mind . i am to judge of the lawfulnesse and expediency of that which i am to do ; for all things may be lawfull that are not expedient , so much as a thing is not expedient it 's unlawfull ; the army were not satisfied that it was for their owne and the kingdomes safety for them to disband at that time , if they had but doubted of the lawfullnesse thereof , they should not do well to disband , unlesse we are more strictly tyed to the command of men then to gods : but many reasons haue been given that it was not safe or best for them so to do , therefore the army are not to be blamed but commended for what they have done , unlesse it be lawfull for them to do that which tends to their owne and the kingdomes destruction : if you say then they should suffer ; i deny it , but more of this anon . moreover it may so fall out that one may break the letter of the law , and keep the law , if he observe the intent of it , as mal. . . to you the intent of the law is more the law then the letter of it : suppose he that keeps the gates of the city is commanded not to open them ( without their order ) to keep out the enemy , he seeth betwixt the gates and the camp some differences and strives , and it 's evident to him he can let them in and keep out the enemy , and if he doeth it he hath broak the letter of the law but kept the substance of the law , if he had observed the letter he had not kept the intent of it : suppose the magistrate find fault with him for not doing as he bid him , it 's without a cause , he hath done no hurt but good in saving their lives , who are without lyable to perish , and so did the army in not disbanding , had the army been a cause of their owne and our sufferings , and they had lost the fruit of all their victories if they had laid downe their armes some others would have taken them up . you have ingaged your selves by oath to preserve his majesties person and priviledge of parliament ; this is most cleare that no necessity can justifie perjury or dispense with lawfull oathes , the bond and tie of an oath and covenant is religious and sacred and invincible , who will require it at your hands broken , ezek. . . and necessity cannot dispense with an oath , nothing can give one leave to be forsworne , an oath is of an absolute indispensible authority . if what you say be true , are you not perjured , miserably forsworne ? have you forgot what you have sworn , covenanted , canonicall obedience , &c. but of this more when you write againe . secondly , you take that for granted which is to prove ; we deny they are forsworn , your saying so is no proof ; we are willing to put it to the triall , and able to prove the contrary : the oath ( covenant ) is to be interpreted according to his sense that gave it , and not in his sense that tooke it : this you would have ; but it 's not lawfull to grant it ; it is not to be interpreted neither in his sense that gave it , nor in his that takes it , but according to the expresse words of the covenant . if it were granted to either to put what sense they thought fit , they might sweare one thing and do another , if he intends it to inslave . if a presb●ter give or take the covenant , he thinks he sweares to maintaine presbyterian government , of which there is not the least word mentioned in the covenant : there is mention of a government according to the word of god , and that is not their presbytery , by their own confession . the assembly of divines confesse it is not jure divino , ( i am mistaken if they did not sweare the government of archbishops was agreeable to the word of god ) but the presbytery is the nearest to it ; if so be but neare to it , then it is not it . in the scriptures is prescribed a government for the church , the house of god ; presbytery they say is not it , but neare to it . if then presbyterian government had in expresse words been in the covenant , and i had taken it , i could with a good conscience have broke my oath , for that oath that is not lawfull to take , is not lawfull to be kept : it is not lawfull for me to sweare to maintain a government for christs that is not his , though it be never so neare it or like it . but say they , we swore to maintain that government that is according to the best reformed church ; for each of theirs is the best in their judgments and consciences , els i should wonder if they should approve and practise contrary to their consciences : yea and he that denieth all church-government , may take the covenant without scruple , because the covenant expresses none , and he believes there is none ; and when he seeth which it is , he will owne it and defend it ; and before it is unreasonable to expect it from him . i wonder the priests should so take the covenant for the text , and preach so on it : there is nothing in that which is so cleer to them ; what is plainly expressed , they cannot agree how the words are to be read : the priests read , to protect the person of the king , and there make such a full stop , and go no further ▪ others say they must read on , and take with it , in the defence , maintenance and protection of the king in his just rights ; and what they are , men cannot agree . some say his just rights are to be king , others say he hath lost all his just rights : others say , it is his just right to lose his life : the covenant resolves this not ; i cannot tell what are his just rights , nor can learn what the covenant meanes or requires : i must leave it to the schollers , and those that can tell . the like may be said for the other branches of the covenant . if an oath be indispensable , then persons must sin rather then break it ; and then the vow of single life binds , be the cause what it will ; and so if any have sworn to murder a thousand persons or more , it seems they must do it : is not this the popes doctrine to murder kings and others , which is to be detested . that an oath binds more then the law of god we deny , and put you to prove it . is there not the highest authority in gods commands ? can any thing bind us more then his commands ; yet ye see matth. . ▪ to . they are dispensible . you say , an oath is part of the worship of god : if it be but a part of it , it is not more then the whole : also gods worship must give place to acts of mercy and love ; i will have mercy 〈◊〉 not sacrifice ; hosea . . mal. . . it was lawfull to neglect the publike worship and command of god to give suck , &c. in that they were not blamed for not going to jerusalem to worship , though all were commanded to goe thither : no necessity is sufficient to dispense with a morall law : is it not a morall duty to worship god ? swearing is a part of instituted worship , but meerly naturall or morall , as you call it : wee need not bee inforced to doe that which is naturall ; an oath that is detrimentall to a particular law , must bee kept , psal. . . i grant it , if it bee in that or the like cause , but not in all causes that can be named : for , what is not lawfull to sweare , is not lawfull to be done because they have sworn to doe it . no hunger can make stealing no stealing , proverbs chap. . vers. . wee allow not men when they are hungry to take that which is not their owne ; yet wee say , that which in it selfe is stealing , may lawfully bee done without sin , if the hunger be of that extremity as to indanger life , and no other help or remedy can be had , then it is not stealing ; yet restitution is to be made , to affirme it is stealing , is to maintain that a man may sin to save his life ; ( if i ought to break the oath , i am not forsworne to do it ) when two duties come together at one time , and i cannot do both , the one for that present ceaseth to be a duty ▪ this was davids cause it eating the shew-bread ; no man may tell a lye nor commit any sin to save his life , and that men should take such oathes as are so intricate and disputable , i would see scripture for ; i read an ●ath is to put an end strife , but not to begin one , that i may swear what i shall do for the future is not so clear as some would have it , if it be a duty , a restriction is as perfect or included as this you grant , i may swear i will protect and defend the magistrates person , &c. but not in evill : if he after set upon me to rob and kill me in the high-way , i will kill him rather then be killed , the law counts this no murder : if this be granted the whole argument is granted . for he is as much a magistrate in the high-way as in another place , and if he may be resisted in evill in one place more then in another . in small matters ( therefore in greater ) if men binde themselves by oath , it concernes every one to take heed what they do , to have a good ground for taking them ▪ and great heed lest they break them . it is no slight matter to doe and undoe : if lawfull , it is a sin to break it ; if unlawfull , it was a sin to make it . i heartily wish that men were more backward in taking them , and more forward in keeping them , if they can can keep them without sin : if lawfull , to sweare and not to keep it is a great aggravation . remonstrating against proceedings of parliament , if it be your duty to remonstrance against the just proceedings of the army , why may not they remonstrance against evill proceedings ? wickednesse in high places is worst of all , and most dangerous , moses calling it a gathering together against the lord , and warnes the people to avoid their company , numb. . after the earth opened and swallowed them up , we have more cause to say the same of you , we do seriously beseech you to recede from these evill waies , and content your selves within your own bounds , put none in feare , we say the same to you , if you persist in these wayes , your sin shall find you out , if ye suffer as busie bodies in other mens matters : this is fitly applied to your selfe , who daily persist to stir up the people to sedition , it concernes those in authority to prevent it , whom i earnestly beseech not to suffer you in the pulpits to meddle with matters civill , or that which concerns the state ▪ it is like the simple that beleeveth every word will beleeve you to their owne ruin ; it is a cause of conscience to maintain those i judge enemies , and whether if i looke upon you to be so i ought not to proceed further : i hope they will take an order with you ; but for liberty to print , i wish you as much liberty as any , the more you print , the more your wickednesse will appeare , three of you have written against the army , and it is one and the same thing , you all sing one song , if not in the same words , you have spit all your poison , you cannot say no more then is in the armies remembrances against them ; we aske you no favour , be silent in the pulpit and do your worst , you require proof of the spirits falling upon the multitude of persons , to act contrary to manifest precepts , you would have them prove your notion , i dare say , they never said no such thing , much lesse alledged it to prove their practice ; do you present this to make them odious ? be not deceived god is not mocked , they who have usurped authority , seldome or never promoted publike weale or libertie , who knowes what the armies designe may come to ? you do not know , therefore if any aske you , say you cannot tell : we know no usurpers of authority but the presbyters , all this life is for their unworthy interest , one of you said in sion colledge they would rather side with the kings party the army ; for then your government will be a going on , but the army of sects would not do any thing for your government , before i heard it i thought somthing was the matter when i heard that you spake the language of the old cavees , now it is apparent to all that know you , that you that oppose the proceedings of the army are possessed with the same spirit they are . the armies principles are wicked , they that have the power is to judge , what will follow ? this will follow , that masters will take account of their servants what worke they doe , this is the conclusion , we see it was needfull to have a president , right or wrong , he that hath the longest sword will judge ; if these ministers judge and determine , and pronounce the sentence , the curse , what would they do if they had the power in their hands ? we dare not say the blessing of the lord be upon you , there is not any that i know desire you to say so , we know it is little worth , they have had your blessing , have not prospered , the blessing of god is upon them , god hath blessed them , and they shall be blessed , now are the faces of gods servants covered with shame , and their hearts filled with sorrow , and like to become a scorne and reproach to all the christian world : our hearts rejoyce in what they have done , you judge your selves godly , confusion , prophanenesse , irreligion , now is religion made to stinke by reason of your miscarriages , unwarrantable courses , this belongs to you . when they have done their work he will visit them with his loving kindnesse and send for them home . it was once a crime of the highest nature to indeavour the subversion of fundamentall lawes , it was not the parliaments purpose to overthrow the fundamentall constitution of the government of the kingdome , or to give power to any to do it : if they would have taken away bad ones , and given us better , they had not done us any hurt : is the purposes of men lawes and rules to themselves and others ? if no , why do ye urge it , if ye deny it , and if you please to try what truth is in it . . it is a breach of priviledge to arest and imprison a member of parliament ▪ it is contrary to law , he is an enemy to the state : i grant it ▪ in a cause of a particular debt the intent of the law is good to prefer the publike before a particular , better one person suffer then the kingdome , for they are many : it is the priviledge to the state for the members freely to sit , if this be the intent of the law , the army kept this law : for they preserved the publike before particular persons : it is a priviledge to the kingdome , for the parliament to sit and do them good , for to that end they were sent to sit , but if their sitting doeth the kingdome mischiefe , then it is priviledge to the people to hinder their sitting : reasons undeniable have been given to prove the truth of this , namely that their sitting tended to the destruction of the kingdome , therefore in hindering them they have kept the law , and done good service to the kingdome , therefore the kingdome are beholding to them for it : also the people are not made for the magistrates , but the magistrates for the people : therefore they must give place or be forced to do so , when it is for the kingdomes good : the parliaments priviledges are the peoples , therefore they did them no wrong when they took them from them , and so reserved them for the people , as if all that i have is not my own , but others , when they take it from me , they take but their own ▪ i know your judgement is contrary to mine , but mine is as infallible as yours : if you can prove the contrary , i will give you leave to judge , in the mean time , if you will judge what you please , i will take the same liberty : the parliaments power which they acknowledged lawfully set over them , then their expressions and practises declare they are not enemies to authority . if at any time a precept of god must be suspended with upon a necessity , yet we suppose that you will grant that this necessity must be absolute ▪ present , cleare , not doubtfull , and conjecturall ; we grant it , and they declare it was cleare to them and their party , though it be not so to you , whose eyes the god of this world hath blinded so that you cannot see . the members seized on were not mad , nor out of their wits , but sober , then the greater was their fact ; and the more necessity there was to seize on them , for if they doe so , when sober , we cannot expect no better , but much worse , when they are mad . we appeale to your conscience , if you would not have condemned others , if done as you have done ; if upon the same grounds and reasons , i doe not beleeve , we ought to condemne them , it appeares to us they have done well . i desire to know if the cause did appeare so to you , to be of so great necessity , and you were able in the same way to help your selves & others , whether would you not act according to your understandings & consciences ? if no , then you in effect say , that if you felinto a ditch there would you lye , and not get out ; if you would use the best way for your self and others safety , we doe no more : they say , the army are despisers and destroyers of authoritie , injurious , and usurpers of it ; we are as fully perswaded that they are lovers and affectors of it , securers and saviours of an authority from being uselesse in good , & from being lost . you say , we are bound by oath to preserve with our lives & estates , the priviledges of parliament and covenant ; were you of this minde , when you petitioned the parliament , you might be free in person and purse from any part of the charge of this warre : when i heard of that petition at the beginning of this parliament , i thought it was either covetousnesse or hypocrisie to be freed both in person and purse , and yet so vehemently presse others ; to both , i desire those in authority to consider , that you may according to your abilitie beare the burthen with the rest : geree asketh , if the high sheriffe because he hath power to rescue one whom he in his conscience knowes is unjustly sentenced to death by the judge , &c. i ask him , if the people did well or ill , in rescuing jonathan that he dyed not , sam. . . if a mans life is indangered in a legall way , though unjustly , he nor others may not rescue him ; the command of authority , if legall , are obligatory to doe , or if unjust , patient to suffer . what , for not obeying unlawfull commands , god hath given them no such power , for they are for the praise of them that doe well , therefore it s not gods will that we should be destroyed for doing well ; if ye doe well who will harme you , pet. . . therefore they have no authority from god to doe it ; you must submit and suffer ▪ not resist , as servant duty is , pet. . , . so in higher powers we may not resist , pet. . . if god hath given him no such power , if i resist , i resist not the ordinance of god , nor the power of god . if i can avoyd it , doe not i increase his sin , and am guilty of my owne death ? if i must suffer and not resist , if the magistrate will take away my life unjustly , it s not lawfull for me to make an escape from the present danger ? if not , nor may a servant doe so ; i , according to your opinion must be so . new lights tell us , that we need not suffer , but when me are evill doers ; we say , he need not if he can help it , if he cannot , there is necessity for it ; this was not the doctrin of the primitive churches that you affirme , was not the doctrine ▪ of christ , that we are to suffer for for well doing , when we may lawfully prevent it ; did not paul use meanes to escape when he was let downe from the window in a basket ? so the church met privately because of the jewes : the saints suffered and they could not help it . if a servant in strength can preserve himselfe , he runs himselfe into a greater inconvenience by reason of the magistrates power , which he cannot prevent , the christians when but a few were helplesse , and so suffered , the waldenses were so persecuted by the popes power that they fled into the mountaines , where on hundred dyed in a night with hunger , and cold , and much suffering , they , had they after gathered themselves together with bowes and arrowes , and fled and took the vantage of a narrow passage , the popes army was twenty thousand , they were divided in two or three companies in their pride , but the christians was glad they were not all in a body : at the narrow passage they shot , and slew so many of their enemies as they were put to flight . in their slight on the mountaine of piedimont god sent a thick mist that they could not see before them , so that they fell from the edge of the mountaine and brake their necks ▪ and dyed , horse and rider ▪ here god appeared from heaven and incouraged them , and gave them the victory ; and at severall times the popes army had such ill success , that one of the polititians of the popes side said , that they lost ten to one of the waldenses , and that if the pope did not cease warring with them it would in danger the losse of the popes dominion , so that the pope was glad to make peace with them ; and each side consented to articles . see the history of the waldenses , and abbigenses , written by luther . so the thabirites in bohemia ▪ under zi●ca , john h●…se , and jeremy pragus , were bu●●● for hereticks at the councel of constance , they in defence of them , and that they fell to warres , john zisca was their captain , he fought eleaven pitcht field battel● , and ever conquered ; they were good people , and god was with them , connade butherbridge in the word of orphan●…s , these mens practise god owns , but you condemne . also ▪ suppose a thief beset me to rob or kill , am i not to escape from him if ▪ i can ? shall i suffer my selfe to be killed , or robbed if i can help it ? thy princes are rebellious , and companions of theeves , every one loveth gifts , and seeketh after rewards ; they judge not the fathe●lesse ▪ neither doth the cause of the widow come unto them , esay ▪ . , . that were to take away the opportunity of martyrdome , not to suffer its rashnesse , selfe murder , to dye if i can help it , either by strength or escape , to preserve my selfe is a duty , and a sinne to neglect it . you say you are against murdering of kings , if you be for murthering of other mens , i should oppose you in that , for i hold it not lawfull to murder any man , no more doe i beleeve doe they . so you say , they are trecherous , persidious , unjust , and their dissimulation is without comparison ; to all your hard words and railing accusations ; for answer , see jud. . , , &c. the king demanded but . members , a small number to those secluded by you , and it was voted treason , a breach of priviledge ; but this of the armies seizing on so many is worse : the . were unjustly accused , these justly ▪ therefore the king did ill , and the army well ; these were let alone long enough , if they should have let them alone , hoping they would do better , what help had we , if they proved otherwise ? what good have they done us , can a blackamore change his skin ; no , nor can they that are accustomed to do ill , do well , forsake the foolish and live , eccles. . . if they had not then seized on them , they might for ought they knew , misse their time , and proved two late ▪ there was no reason to put it off to the adventure , when we may be sure , and freed from the feare and danger itself , you judge the seizing on them , to be unjust , and unlawfull ; but we judge it just and lawfull , you would have them to be let alone ; we believe their liberty is the destruction of the people of god and the kingdom ; you alow us no remedy , in no cause of danger to help our selves ; we believe it is against nature , reason , and religion , to have away of preserving our selves , and not to take it , and that it is not wisdom to chuse that way that is least safe . a prudent man foreseeth the evill , and hides himself , that is , he useth meanes to escape it , its wisdom and prudence to foresee an evill , and prevent it ; but the simple passe on , and is punished , he believes all will be well , and he is punished . proverbs . . i know what we call good , you call evill , and what we call evill you call good : therefore so let it rest , till you have the longest sword , and then we will give you leave to deside it : the longest sword you know is ever orthodox in whose hand soever it is . they cast contempt upon the parliament , they do not , nor need not cast none upon them , nor change them with any thing , but that which is true and knowne to the kingdome long before : threatening to put a period to the parliament , would you have them continue perpetually , if they should be let alone , they would have sat untill themselves had been destroyed , and the people ruined , it s a great grief to you that this parl. on which you have bestowed so much falsities and flatteries , for so many yeares together to convert them into presbytery , that they should be removed & put to a period before they have effected your designe of setting up presbytery withall the iron instrument , and monopolized all the living and preaching into your hands ▪ it grieves you to the very heart , because nothing lesse can satisfie your scruples , and where to have it now , you know not , but be content , it s well ye may scape & be quiet , seeing you are cavies , and are possessed with the same ipirit that is in the worst malignant , and spit as bad poyson . the parliament put the sword into their hands not to destroy themselvers but the kings party and enemies of the state ; then they gave them commission to destroy themselves , for those they seazed on , if not all the most of them proved both ; therefore instead of seazing on them , they might have destroyed them by the authority of the parliament ; the kingdom do not approve of what you doe , its like they will when they understand it , & see the fruit of it : seing god approves of it , if the high caves the presbiter and the low caves the malignants descent , we are content , the best i doubt not but will be satisfyed . sins against the city in marching through it with bayes in their hates , why not through the city as through another place ? what sin call you this ? in what place of the bible may i read that this is a sin ? taking the tower puting in a new lievtennant , &c. who might better do it then the generall ? impeaching and imprisoning some aldermen , &c. the great cavies must suffer as well as the poor ones : would you have them not to be punished ? or would you have as many punishments , one lesser then another , as there are degrees of riches , honour and greatnes ? takeing away the sheriffe , it had beene better for the city if it had fewer such members , unreasonable demands of mony in such summes , none judge it unreasonable but cavies ignorant and corrupt men , against the kingdom by taxes and free quarter : ye see , to starve the army is agreeable to the judgement and conscience of the presbyter , is it unreasonable for them to eate , or to require the mony that is their due to keep them ? little sums will not maintain a great army ; the army had not now had a being if it had not been for you and your brethren the cavies , and then they would have had no taxes , sums nor freequarter ; the enemies of the army judge all the army hath is to much ; if the presbyter were to set down the sum it should be a little one if any at all . it s like if there sums had bin denyed , i would have given my consent that they should have fetched it , and if they be hungry and cannot get victualls , that they should come into our houses , and take it whether we will or no ; and i believe it is as lawfull as it was for david to enter into the house of god , and eate that which was not lawfull for him to eate , do not think you will approve of this doctrine , but i care not whether you do or no , so long as god doth , as you may see , matt. . . . . . iudg. . . . possessing your selves of the gates of the city , the city is beholding to them for that , it was an act of love , if they had not done it , its like they feared they would have killed one another , or effected the destruction of the city ; decay of trade , who have undone the kingdom and caused so much losse of bloud and treasure , and decay of trade as the king and his party ▪ the bishops and their priests , mr. presbyter , &c. must be considered in this worke ? who but the bishops and the priests in their pulpits have set the kingdom together a fighting , sending messages to the house prescribing them a time to answer ? the parliament were something slow they need be quickned . i perceive you are not of their minds that conceit they waited on them too long , and so continued ( or permitted ) them to sin , yet they must be let alone ; to let loose a lyon & a beare is not so dangerous to the people as your principle is , it is so large and dangerous in denying , that they are countable for what they do . dan. . . the foundation altering the foundation of government , are the lawes , are not some of them unjust othersome ill framed : are there not tricks in law that occasion long and chargable suits ? the law makers are not perfect , by experience men so the inconveniences of them ; it s no injustice to alter for the peace and wellfare of the kingdom ; god was pleased in his government to change some laws , and must not ours admit of no change the peoples judgments & dispositions change : do you think so much bloud hath been shed , and to have nothing changed ? when the righteous are in authority , then there will be a great change ; if a new moddell of law and government be best for the kingdom , there is no hurt done . the army say one thing , and do another , i cannot tell what they have said ▪ man doth often do so , god is unchangeable , its sutable to him to be of one mind , and not to be turned , iob. . . . they should not say and promise to do that which they cannot do , or may not lawfully do : it s a fault to say it , but a greater to do it : promises that cannot be kept without sin , are better brooke then kept : as the vow of single life ; david said he would destroy nabal , &c. but he did well to unsay it againe ; we may not neglect doing good , though not ingaged by promise , nor do evill , if ingaged by covenant . there is not a word of tolleration in the remonstrance , the fitest place for that is in the agreement , they make the profession of religion stinke , the injustice of your accusations cause you to stinke . i could discover the unjustifiablenes of your charges ; but i count them not worth the answering , you say they walke by providence without a precept , the providence of god is often pleaded in justifying your way ; it s an observation not a rule , i am confident they do deny that the providence of god is not the rule and ground of their actions , much less contrary to the word ; the ground of their actions is the word of god , and if they had not acted by counsell , they had not done that they have ; it s but a false accusation , they observe both . the rule of the word of god , and the rule of his providence , god is seene in both : the providence of god declares his will as well as his word , although not in the same way ; by his providence we come to see his will . christ would have us to take notice of a small matter as the falling of a bird of halfe a farthing , matt. . he that is wonderfull in counsell and excellent in working ; god doth instruct him to discretion doth teach him , isa. . . . the way of man is not in himself . ier. . , mans goings are of the lord . pro. . . if two armies fight , and the one get the victory , doth not god by his providence declare , that it was not his will the other should have the victory . see jeremiah . . that sedgwicke should condemne the armies proceedings , and so suddenly exceedingly justifie them ; the providence of god herein , is more to be observed then what he hath said . when abrahams hand was stayed , it did appear it was the will of god he should not kill his sonne . when i know one is dead , then i know , and can say , it was not the will of god , that he should live any longer : so when two fight and the one is overthrowne , by that i know , it was the will of god he should get the day . we have withdrawne from you as brethren , that walked orderly , which should something affright you , though you be good souldiers , and will , if you be spirituall . this , we ( as i am informed ) are the presbytery that met in sion colledge , where calamie . with the black guard , were commanded not to come at the army , least they should honour or countenance the army . when you have done all you can , its one of the popes bulles , informer times , it did something fright the simple , but the wise laugh at it : the curse causelesse shall not come , prov. . . our god will turne the curse into a blessing . nehe. . . the more of your curses , the more is our comfort , none but children and fooles will be troubled at any thing you can say or doe , there 's no difference between the popes bull and yours . since against the ministers in taking away tithes to starve them ; it seems , though you would have the army starved , you are not willing to be starved , it appeares you have some love in you , peter . . . neither is it sufficient for you to writ your selves pastors , & ministers of the gospel , as you doe : seeing you are not so , have you any other ordination then that you have received of the bishops , and of each other of your selves . can he that hath a false ordination , or none at all , make a true officiall minister , that will not endure the triall , nor will it prove you to be the officiall minister and pastors of christ , if ye doe the same work they did ; no more , then if a stranger should doe all that a husband doth to his wife , will prove him to be her husband , who were never maried , yet it will bee hard for you to prove that , to read service , church women , matry , and bury the dead , sprinkle infants , give the supper to the parish , &c. is the worke of the ministers of christ . did the ministers of christ in the scripture , perfect the saints after this manner ; nor will it prove you are ministers of christ ▪ because of your humane learning , have been at cambridge or oxford , and wore a rough or black garment to deceive , and to make people beleeve you are ministers , you say you are the learned men , and therefore you make the people beleeve , you are the min●sters of christ ; but it appeares it is but humane , not spirituall , and that will not serve ; you call your selves devines : pray what is that which makes you devines , is it because you are exercised in matters devine , or is it because you are made pertakers of the devine nature ; you give us great cause to question both , because the spirituall man discerneth all things : but you make it appeare , that you are blind in the things of god and man , if both be true , many tradesmen may be called devines , as well as you , seeing the reason is the same ; it seemes you cannot tell your own name : you are so learned as appeares esay . . . nor will that which you call conversion , prove you to be pastors , for conversion , belongs to god not to men , so psal. . . & . . rom. . . pet. . . psal. . . . math. . . cor. . . it s from above , as james saith , have you not read of one famentius , a lay man , a private man as you call them , who in his travels converted many to the christian faith . many other instances might be given . i am in haste , therefore i will present but one more . doctor fulke confesseth in his confutation of the remish testament , of a woman who converted a great many in the island , where she was carried captive : tell me , was shee a pastor , or an officiall minister . none were to have tithes but the leviticall priesthood , and when that ministry ceased , their maintenance ceased : so that to take or pay tithes is to deny christ in the flesh . heb. . and gen. . are prophets , ministers , pastors , any thing , every thing , nothing . mocke and scorne the prophet , false prophets , despise the ministry of christ , of antichrist , false prophets transformed , calling them antichristian , the parliament hath noted you to be so , and you are so ; for if the bishops calling be antichristian , and all the offices depending on the hiryarchy , your offices and ministry is a braunch of the hiryarchy , the statute law is against any seminary priest , or eclesiasticall person whatsoever , made or ordained , without or within her majesties dominions , by any authority derived , challenged , or pretended from the sea of rome , by any , or of what vse , name , degree soever the same shall be called or known to be , or remaine in any part of her highnes dominions , and every person so offending , shall be judged a traytor , and shall suffer as in case of high treason . and every person that shall wittingly and willingly receive , releive , comfort , ayde and maintaine any such priest , or eclesiasticall person , shall be judged a fellon , and shall suffer without benifit of cleargy and suffer death , losse , and forfeieure as in case of fellony . so that it doth appeare that such as own the pope to be a true minister , and retain any ordination derived from him , are guilty of treason , and such as receive or maintain them , are guilty of felony and treason : and that the ministry of england is derived essentially from the pope , see francis mason of consecration , published by authority . and yates modell of divinity ▪ page printed . doctor cranmer was ordained a priest and bishop by the said pope's authority , and others received it from him . adde to this statute the nationall covenant , and see how they agree ; wherein the nation is required and have sworn to use all means according to the word of god , and their place and calling to extirpate the said popes priesthood , the words of the covenant are these ; that wee shall in like manner without respect of persons indeavour the extirpation of popery , prelacie , and all other ecclesiasticall offices depending on that hierarchy : in which number are all the bishops , and ministers , by what names and titles soever they be called , or however reformed , so that to worship them , is to worship the beast , rev. . , , . the priests say , they receive their ministry from the apostles by succession ; they confesse it comes through rome through the pope ▪ but it s not of , nor from the pope ; yee see how hard they are put to it , to find a shift also . it cannot be denied , but the bishops did ordain men priests , a full priest , or a halfe priest , as appears by the book of ordination of ministers . many are so simple and plain naked , that they writ themselves priest of such a place , so that you have no offices but a priesthood ; what priesthood is it ? is it the popes ? are you moses priesthood , then yee deny christ to be come , for they were types , and that priesthood was a shadow of it , & was to cease , when christ the substance came . if yee have more calling to it then uzza had , then you must burn incense upon the altar that is your work as appears chron. . . if you say your offices of priesthood is christs priesthood , tell us in christs testament where we may reade that the officiall ministry of christ under the gospell is called a priesthood ; if you will i wil try it out with you , and see if it doe not prove you are such ministers as is expressed in the cor. . . . . who were formerly prised by you , they prised you indeed till they came to a fuller knowledge of you and your ordination . buffe-coated chaplins are they the worse because they have buffe-coats , its like your meaning is , that they are not the bishops priests , and have not 〈◊〉 learning you have , its like they have a more spirituall learning which is a better , we cannot but conceive something is the matter that they choose such , it may be they find that the knowledge of greeke and hebrew is not so necessary as you would seeme to make it . the priests say that we know not the originall , and our bibles are not rightly translated , nor cannot be pronounced according to the originall , besides in translations there are errors , no translation is simply authenticall , and the undoubted word of god , we demand of you , answer if you can ? how know you that your hebrew and greek copies are true copies is it not possible for any to write contrary to their copy , if copyes may be printed false , they may bee written false , the art of printing is not above years old ; can you produce the first originall copy , or any of those the apostles wrote ; if no● , the cause is the same ▪ and you know the originall no more then those that know not greek nor hebrew ? if you may depend upon the faithfullnesse of the writer and printer of your copies , why not others upon those that did it upon oath , doctor fulke in his confutation of the rhemish testament justifieth the english translation of the bible . but we receive not the truth by tradition : i would know of you that are so for hebrew and greek , &c. if the knowledge of the tongues bee sufficient to teach those that have those tongues the mind of the spirit of god in the scriptures or no ? if yea , then all that know these tongues know the mind of god , if no , then it is but an insufficient helpe , and what is an insufficient helpe worth more then nothing , the knowledge of greek and hebrew is a help to read a greek and hebrew bible , because else they cannot read them . so the knowledge of the english tongue is of necessity to read the english bible : the cause is the same : but the understanding the english tongue ▪ and reading it in the bible cannot give them to understand , the meaning of it no more than the knowledge of the toungs greek and hebrew though it helps them to read the bible in those toungs , yet is not able to give them to understand the meaning of it ▪ that this is so , some of them , who know the toungs confesse : for apollo was a learned man he saw the first copies of the bible if that could have caused him to know the mind of god what need had he to learn of aquila a tradesman ( one of the layety as the priests use to say ) and presilla his wife the mind of god as he did , acts. . . also what is the reason that those that know the toungs cannot agree among themselves , what is the mind of god in his word , that some of you in your expositions are as contrary to each other as light is to darknesse , the naturall man cannot perceive the things that be of god a naturall man may be , and some are learned men it s confessed , some of the jesuits are good scholer , &c. they know the toungs , &c. then it will follow a man may be such a learned man and yet cannot understand nor perceive the things of god : nicodemus was a great scholler and teacher in israel yet how simple was he concerning the meaning of christs words , tell me then what a help their humane learning is to them in spirituall knowledge in the things of the spirit ; the word saith he reveals to us the deep things of god by his spirit , cor. . . he saith not by greeke and hebrew , if our translation be true then we can tell the meaning of it as well as you ; if it be not true tell me what is that preaching worth that is proved by a false translation , and if we must believe contrary to our translation because you say so , what is this but an implicite faith and humane ? and seeing you so differ among your selves about the meaning of the word or the mind of god in it , tell me , how i may know which of you i am to believe ? also you confesse someone word will beare nine or ten divers significations ▪ how know you which of them is the mind of god in that place , unlesse he reveale it to you ? and if god please he can reveale it to a simple man , and god doth doe so , and this is that for which christ thanks his father , because he hath hid these things from the wise and the learned , and revealed it unto babes , the vision of all is become unto you as the words of a booke that is sealed , which men deliver to one that is learned , saying read this i pray thee , but he saith i cannot for it is sealed , and the booke is delivered to him that is not learned , saying read this i pray thee and he saith i am not learned , esay , . . . . neither of them can read it ▪ both put it off they cannot understand it , the unlearned thinks as he hath bin taught , that if he were learned in greek and hebrew he could understand it : but the former who was such a learned man could not doe it , it s hid from the learned it s not in being learned , nor in not being learned : what then will some say , it is because god hath not revealed it to them ▪ therefore they doe not know it ; god saith none can know the things of god but he to whom the spirit will reveale them see ps. . . . the knowledge of greeke , hebrew and english are all humane learning of equall excellency , necessity , and use for the translation and reading of the bible : and as without the knowledge of greek and hebrew , the bible could not be translated into english , so he that translated the bible into english , could not have done it without the knowledge of the english tongue ; therefore there is the same use and helpe and necessity of the english toung as of the greek or hebrew tongue ; so there is the same to be said for the french and dutch tongue , and all other tongues and why the greek and hebrew tongues should be of any more use and excellency then other tongues , there is no reason to be given for it , as aron the priest set up the golden calfe it was called a god and aron made proclamation , exo. . . . . . . &c. and the people idolized it and danced about it , so the priests have set up greek and hebrew as a god , and the people rejoyce exceedingly in it , they idolize it and fall down and worship it , because the priest have made a proclamation for it and commended it for such a rare thing to helpe them to the knowledge of the mind of god : a golden businesse by custome is turned into necessity and it is in such an esteem as they do idolize it & worship it , as they they did the calfe , vers. . because some of the army see this idolatry , the presbyter is not pleased . instead of allowing some errors , as we feare some among you indeavour an universall tolleration of all religions , it seemes some errors may be allowed , doe the scriptures allow it , or are you willing to allow of a few , they endeavour for tolleration for all apostates ; then you shall have tolleration , but that will not content you , though its doubted to allow your religion openly , we see your principall is that you would have none tolerated but your selves , will not you be of the true religion , unlesse ye be forced to it , or are you willing to be of a false . religion , and to thinke it will be a sufficient excuse for you to say you are compelled to it or doe you love to see the bodyes of others tortured , and their estates ruined , because they are not of your religion . in stead of preserving the purity of religion and the worship of god , wee feare you are opening the dore to desperate and damnable errors and heresies against the truth of god : and so for feare of letting in of errors we must keep out the truth : it is better to let in twenty errors , then to keep out one truth : for truth is more good then evill is evill : it s better to suffer errors then to persecute the truth , and the professors of it , alwayes by such fine pretences and glosses we have been deprived of our liberty . we have fought for it our treasure , persons and friends , and brethrens blood was laid down for to be freed from the cruel task-masters of egypt , the bishops and p●esbyters yoke : heare you not the wife say , my husband lost his life for the freedome of the people of god . many children may truly say , my father spent his estate and laid down his life for my liberty , and the people of god , the parliament and army promised us the liberty , and for this they fought , if the army had not provided for our liberties herein , they had not given us that which their consciences tell them is our due , they had deceived us , the equity of the thing pleads for us , many of the chiefe of them had never been souldiers , but to break asunder this iron yoke that was upon our necks and the kingdoms : to what purpose thinke ye hath god slaine so many of our enemies , psal. . . one cause surely is , that his people may dwell quietly and safely , &c. god hath blasted them that would have kept us from our sweetest liberty . the king and his bishops denyed it to us , and god hath blasted them , those of the parliament promised liberty to us , but did not give it us , god hath blasted them ; the synod , with the ministry of england should have spoken for us , and they spoke against us , and god hath blasted them , many of them are as the dung upon the earth abhorred , and if the army had neglected us herein god would have blasted them , jerusalem is a burndensome stone , all that oppose it dash themselves in pieces , if they had neglected us it would have been their sinne , griefe and trouble hereafter , if they could have escaped that we had met with all , besides what persecution had come upon us by their neglect had bin their persecution , besides if they had not been for us they had bin against us . if you say ye desire liberty for the people of god , but not for others , you could not provide for the one and exclude the rest . if the children have any bread , the dogs will have some , something is their allowance . truth lord the dogs eat the crums that fall from the childrens table . though mens mouths cannot be stopped from exclayming against them there are grounds sufficient to warrant and justifie what they have done herein : say some what liberty for all errors heresies and blasphemies , and papists : we desire not that idolatry to be allowed publickly ▪ if you can tell us how liberty for the truth and people of god may be had , that the saints may not suffer , nor the truth suppressed , but errors heresies , &c. suppressed , and i dare venture my life the army will gladly hearken to you . he saith the army rob the parliament of their coercisive power in matters of religion ; you say they have such a power but we could never see you prove it . let the magistrates coersive power in religion be debated in parliament by a native liberty debate truly before a free parliament , if wee convince them not let them carry it : this is but a brag , this parliament to you , and the cavies is no free parliament ▪ speak plainly what you will stand to , make your challenge if you have the truth on your side , and see if there be not them that will debate it with you , or bring forth your strong reasons , and if they cannot be answered , by my consent you shall carry it . answer these reasons , if you can : if the parliament are to judge what is truth , and what is error in religion , then it doth follow that the magistrate must have a certainty of knowledge in all opinions and causes in religion , else how is he able to judge which is the truth , and if he hath not such knowledge , may he be owned fit for a magistrate , it wil be a doubt whether it be lawful for any to be a magistrate that hath not such knowledg as his work requires : and by this rule we shal have no magistrate at all , because no man hath ability of knowledge to determine in all causes and doubts in religion . . if the magistrate is to determine what is truth , whether it wil not follow that we must beleeve and live by the magistrates faith , and change our religion at their pleasure , and if they will approve of no religion , it seems we must have no religion at all : the saints in scripture are commanded to worship god , whether the magistrate like it or no , see mat. . , , . heb. . . acts , , , . . acts . . . . contrary to authority , acts . and . . dan. . acts . . . acts . . acts . . . , . acts . . . if the magistrate as a magistrate may lawfully punish those that they are perswaded in their consciences are erroneous , and heretical , then queen mary and her parliament did well in burning the martyrs , for they in their consciences were perswaded they were so : if the magistrate have power in spirituals , why call you not him a spirituall magistrate , the magistrate hath his power from the people , and then it will follow that the people as a people have originally as men a power to governe the church , to see her doe her duty to reforme and correct her ; and so the spouse the wife of christ ▪ who is a kings daughter , and a queen must be whipt or corrected according to the pleasure of the world , who by wickednesse , iohn . are they to make lawes concerning religion , or to appoint any materiall prisons for blasphemers of christ : we require you to prove it in christs testament , if the old testament is to be their rule , then see what they must do●deut . . . . . . you will not doe so : you are to prove that christs church is to be planted by violence and blood-shed , and that christ would have men compelled by fines and imprisonment to serve him , . uniformity in religion in the state do trouble the consciences of many , and impovrish the saints , and cause them to lose their lives , for lawes concerning religion catch the best men who make conscience ▪ witnesse daniel & the three children , men in zeale for religion persecute christ , and thinke they doe good service when they kill them , if they must judge what is truth , wee must alwayes be persecuted , they will call truth blasphemy ; the truth hath but a few to own it , the world are like to outroot them , and then we are judged and noted hereticks and must suffer : the army desired persecution of the truth and people of god might cease : they saw the name of settling religion to be but a pretence to establish errour and persecution , and that so long as lawes were made concerning religion , the kingdom could not be quiet , they are against suffring of errors as much as you , they desire some might be appointed to write against errors , they knew that the judgements and consciences of men doe so differ , that it is not possible they could submit to one way of religion , and that we ought to do as we would be done unto : if one man is to be punished for his errors , then all men must be punished , because no man is free from error : all truth is not among one sort of men : there is no man doth judge his own judgement erronious ; they that now hold errors , may hold the truth : if there were no error , it could not be known what is truth , or not be so glorious , it is not in the power of man to believe what he wil , and as he will : the mind of man is perswaded with great reasons ( truly so or so apprehended ) will he , nil he , if hee should doe contrary , he should do contrary to his own judgement and conscience , which god forbid , rom. . they could not see it , that it was fit to make such sole judges in matters of religion , who are not infallible , and as liable to error as others ; they could not find a man that could shew his authority from god that he should punish with corporall punishments men for their errors : if ye say that every man may live as he list : had not he as good live as he list , as live as you list ; but , we are bound by oath to a reformation in suppressing of errors &c. but it is to be according to the word of god , not against it . shew us the patterne in christs testament to punish such as hold errors with corporall punishment : then errors must be suffered . woe must suffer that which we cannot help , necessity hath no law : it is no more in our power to hinder errors then it was in the bishops , power to hinder mens speaking and writing against them : if you can say to the blind and set , open the eyes of their understanding ; expell the darknesse that is in men , and command the heart and reforme it , and descry the vaine imaginations of mens hearts , and prevent satans suggesting error into men , and hinder men from speaking each of other , and place light in the soule , and give the holy spirit to men to direct and reforme them . if you cannot doe these things , you cannot suppresse errors , then errors will prevaile if truth may be suffered , it will prevaile against errors : if they heart 〈◊〉 moses and the prophets , neither will they be perswaded if 〈◊〉 rise from the dead , luk. . . see tim. . . , . if you say the magistrate are not fit to judge , then they are not fit to punish for they know not what , it s like the priests desire to judge and determine what is truth and error , and what the punishment shall be 〈◊〉 each error and the magistrate to be the executioner , and so they be , the iudges , and the magistrate the hangman , is not this an honour to them ▪ and ●o the magistrate must in his blind obedience doe as they bid them , though they doe not know whether it be right or wrong : we require scripture to prove that you are to appoint and determine what is truth and error : you are our enemys , must we put out our eyes , and see by yours ? you are as liable to erre as others , your seate is not the infallible chaire , you turn with the wind , if the crosse , surplis , masse-book , episcopacie ▪ &c. be in fashion , you will justifie them all to / be jure divino , or at least lawfull if the tide turn , then you turn , and if the tide tum again , we may ghesse where we shall have you : and yet you would have all that differ from your presbitery arraigned at your bar , before your dreadfull tribunall : to receive your reproofe which is sharp and terrible , it will strike through our liberties , states and lives : your argument is authoritie what you say must be an oracle to be believed of all men without opposition or c●ntradiction what is contrary to you , is heresie ipso facto , to be punished with fagot and flaming fire , what you ( approve is catholick ) condemne 〈◊〉 heresi● , you have been above this hundred and twenty weeks a heating the oven for your hereticks you expected by this time to have been as the old trade of persecuting now your oven is ready , you want no will but power to catch them , and to cast them in : we had as live be under the pope , as under the power of your presbitery , are you gentle towards all , tim. . . luk . . . your weapons are carnall , cor. . . to what purpose are we to have bibles in english , if contrary to our understandings of them ? we must believe as the church believes , whether it be right or wrong : we had as lieve that a patent should be granted you , that all the corn and cloth should by you be monopolized , and that you measure it out to us at your price and pleasure ( which were intollerable ) as that you should appoint and measure out to us what and how much we shall believe and practise in matters of religion . in my judgement your judgement is a ly , will ye compell me to believe a ly , or to doe that which i believe is sin ? there is not the least reason to counsell in england can injoy their rights and liberties so long as any one religion is set up , and men forced under great penalties to be subject to it . so much for this time , i intend you more when you write againe , when you bring forth your strong reasons . finis . notes, typically marginal, from the original text notes for div a e- iudg. . , pro. . micha pro . eccl. . numb. . , esay . . psal. . esay . . to see ier. . psa. . , , exo. . esay . heb. . . psa . ● . psa. . . esay . . zac. . mat. . psal. thes. . by the lords and other his majesties commissioners an order for the observance and execution of the statute made for the reliefe and ordering of persons infected with the plague. england and wales. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing e ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) by the lords and other his majesties commissioners an order for the observance and execution of the statute made for the reliefe and ordering of persons infected with the plague. england and wales. sheet ([ ] p.). by leonard lichfield ..., printed at oxford : . signed at end: ed. littleton c.s. cottington. hertford. dorchester. dorset. hen. dover. chichester. f. seymour. edw. nicholas. reproduction of original in bodleian library. eng plague -- england -- th century. public welfare -- law and legislation -- england -- early works to . great britain -- history -- charles i, - . great britain -- politics and government -- - . a r (wing e ). civilwar no by the lords and other his majesties commissioners an order for the observance and execution of the statute made for the reliefe and orderin england and wales c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion by the lords and other his majesties commissioners . ¶ an order for the observance and execution of the statute made for the reliese and ordering of persons infected with the plague . whereas by an act of parliament in the first yeare of the raigne of our late soveraigne lord king james , severall good and necessary provisions were made and ordeined , touching those that be or shall be infected with the plague : by which act , power is given to justices of peace of counties , majors , bayliffes , head-officers , or justices of peace in cities , borroughes , townes corporate , and places priviledged , and to the vice-chancellor of either of the vniversities , and to the bishop and deane of every cathedrall church respectively , within their severall and respective precincts and jurisdictions , to taxe and assesse all inhabitants , and all houses of habitation , lands , tenements , and hereditaments , at such reasonable taxes and payments as they shall think fit for the reasonable reliefe of persons infected , and to levy the same of the goods of such as shall refuse or neglect to pay , and in default thereof , to commit them to the goale without baile or mainprize untill payment ; and also to appoynt searchers , watch-men , examiners , keepers , and buriers , for the persons and places infected , and to minister oathes unto them for the performing of their offices , and to give them other directions as shall seeme good unto them in their discretions , for the present necessity . and it is thereby farther provided and enacted , that if any person or persons infected , or being , or dwelli●g in any houses infected , shall be commanded or appointed to keep his or their house , for avoyding of farther infection , and shall notwithstanding wilfully and contemptuously disobey such direction and appointment , offering or attempting to break or goe abroad , and to resist such keepers or watch-men , as shall be appoynted to see them kept in : that then it shall be lawfull for such watch-men with violence to inforce them to keep their houses : and if any hurt come thereby , that the keepers , watch-men , and their assistants shall not be impeached therefore ; and farther , that if any infected persons being commanded to keep house , shall notwithstanding wilfully and contemptuously goe abroad , and converse with company , having any infectious sore about him uncured , such person shall be taken and adjudged as a felon , and suffer death as in case of felony : but if they shall have no sore found about them , neverthelesse for such offence , they shall be punished as vagabonds in all respects , and also be bound to his or their good behaviour for one whole yeare , as by the said act may more fully appeare . the lords and others intrusted and authorized by his majesty , by his commission under his great seale of england , for and concerning the safety , preservation , and well ordering of this vniversity and city of oxford , and the county of oxford , and other counties and places adjoyning , in his majesties absence , taking into their consideration , that the due observance and execution of the said law , may ( by gods blessing ) be a good meanes to prevent the farther spreading of this present infection , and that the neglect of the observance of the same law , hath been , and may be , in probability , an occasion of the increase thereof , doe therefore hereby in his majesties name , by vertue of his majesties said commission , straitly charge and require , the vice-chancellor of this vniversity , and the major , justices of peace , bayliffes , and other officers of this city of oxford , and the justices of peace of the county of oxford , and all others whom it may concerne , that with all possible care and diligence , they cause the said law to be duely and effectually put in execution , as well for the helpe and reliefe , as for the governing and keeping in of infected persons , as they will answer their neglect and remisnesse therein at their perills . and they doe likewise in his majesties name , straitly charge and command all persons whatsoever , as well souldiers as others , upon whom it hath pleased , or shall please god to lay this his visitation , that they submit and yeeld obedience to the said law , letting them know , that a strict and severe proceeding shall be had , for punishing of all such as shall wilfully or contemptuously offend against the same , to the endangering of others : and that a very strict account will be required of all , who are , or shall be any way concerned in this just and necessary command , tending so much to the health and preservation of this vniversity and city , and all that are resident therein , or resort thereunto . dated at oxford , the th day of may , in the one and twentieth yeare of his majesties raigne . . ed. littleton c. s. cottington . hertford . dorchester . dorset . hen. dover . chichester . f. seymour . edw. nicholas . printed at oxford , by leonard lichfield printer to the university . . the articles signed by his highness oliver cromwell, lord protector of the commonwealth of england, scotland, and ireland, on friday the . of december, . in presence of the judges, barons of the exchequer, and the lord major and court of aldermen, in the chancery court in westminster-hall. england and wales. lord protector ( - : o. cromwell) this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing c thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) the articles signed by his highness oliver cromwell, lord protector of the commonwealth of england, scotland, and ireland, on friday the . of december, . in presence of the judges, barons of the exchequer, and the lord major and court of aldermen, in the chancery court in westminster-hall. england and wales. lord protector ( - : o. cromwell) sheet ([ ] p.) printed for g. horton, and are to be sold at the royal exchange in corn-hill; and in st. paul's church-yard, london : mdlcliil. [i.e. ] annotation on thomason copy: "decemb ". reproduction of the original in the british library. eng great britain -- history -- commonwealth and protectorate, - -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no the articles signed by his highness oliver cromwell, lord protector of the commonwealth of england, scotland, and ireland, on friday the . england and wales. lord protector d the rate of defects per , words puts this text in the d category of texts with between and defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion blazon or coat of arms the articles signed by his highness oliver cromwel , lord protector of the common-wealth of england , scotland , and ireland , on friday the . of december , . in presence of the judges , barons of the exchequer , and the lord major and court of aldermen , in the chancery court in westminster-hall . first , that his excellency be chief protector of the three nations of england , scotland , and ireland . ii. that he will call to his assistance councellors , not under the number of . nor above . iii. that he shall not act without the advice of his councel . iv. that there shall be every three years a parliament called freely chosen to begin in september next , viz ▪ four hundred , and the number for every county proportionable . v. that no parliament shall adjorn till they have sate above five moneths . vi . when ever any bill is passed in parliament , the lord protector shall have twenty dayes to advise with his councel ; if he sign it not in twenty dayes , it shall passe without , unlesse contrary to these articles . vii . that no parliament be dissolved by the protector , but end every three years , and the protector to issue out warrants . viii . all the crown reve●●es left to go to the maintainance of the lord protector . ix . to make peace or war as he pleaseth , with the advice of his councel , in the intervale of parliaments ; but not to raise money without the parliament , unlesse in extraordinary causes . x. whatsoever goes out in the name of the keepers of the liberties of england , to go out in the name of the lord protector . xi . that it is treason to speak against the present government . xii . that all forfeited and confiscated estates go to the maintainance of the lord protector . xiii . that all acts of parliament made and estates sold , stand good and be enjoyed . xiv . that the lord protector have power to confer titles of honour , and to dispose of the great places of trust . xv . that in the intervale of parliaments , the lord protector ▪ with his council , do order the affairs of the nation . xvi . that all articles of war be kept xvii . that the known lawes of the common-wealth be continued . xviii . that a standing army be maintained of ten thousand horse , and twenty thousand foot . xix that christian religion be maintained , such as is contained in the word of god . xx . that all persons shall have liberty of conscience ; provided , that they disturbe not the civil government , except the popish and prelatical party . xxi . that no papist of delinquent in armes since the year . elect , or be elected a parliament man , under penalty of forfeiture of one years revenue , and the moity of his personal estate . xxii . that the lord protector have power to pardon all offenders , except murther . xxiii . that writs be issued out in july next for summoning the parliament , either by the protector , or in course . xxiv . that when the protector dies , the council then sitting shall summon all the members of the council , the major part to elect one to be protector before they stir out of the council chamber ; and the person so chosen , not to be under the age of years ; nor of the family of the stewards . london , printed for g. horton , and are to be sold at the royal exchange in corn-hill ▪ and in st. paul's church-yard , mdcliil . a message sent unto his majesty, by a speciall committee of both houses, concerning the present dangers of this kingdom england and wales. parliament. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing e ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a message sent unto his majesty, by a speciall committee of both houses, concerning the present dangers of this kingdom england and wales. parliament. broadside. printed for ioseph hunscott, london : [i.e. ] at head of title: march [n.s. ] advising his majesty not to withdraw to remote parts of the realm, and that the power to authorize the raising of a militia, by the law of the kingdom, resides with the parliament. reproduction of original in the harvard university library. eng great britain -- history -- civil war, - . great britain -- politics and government -- - . a r (wing e ). civilwar no march . a message sent unto his majesty, by a speciall committee of both houses, concerning the present dangers of this kingdom. england and wales. parliament a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion march . a message sent unto his majesty , by a speciall committee of both houses , concerning the present dangers of this kingdom . most gratious soveraign , your majesties most loyall and obedient subjects , the lords and commons in parliament , do finde their just apprehensions of sorrow and fear , in respect of the publike dangers , and miseries like to fall upon your majestie and the kingdom to be much encreased , upon the receipt of your unexpected denyall of their most humble and necessary petition , concerning the militia of the kingdom ; especially grieving , that wicked and mischievous councellors should still have that power with your majestie , as in this time of imminent and approaching ruine ; rather to encline your resolutions to that which is apt to further the accomplishment of the desires of the most malignant enemies of gods true religion , and of the peace and safetie of your self , and your kingdom , then to the dutifull and faithfull councell of your parliament . wherefore they are enforced in all humility to protest , that if your majestie shall persist in that denyall , the dangers and distempers of the kingdom are such , as will indure no longer delay : but unlesse you shall be gratiously pleased to assure to them by these messengers , that you will speedily apply your royall assent to the satisfaction of their former desires , they shall be enforced , for the safetie of your majestie and your kingdoms , to dispose of the militia by the authoritie of both houses , in such manner as hath been propounded to your majestie , and they resolve to do it accordingly . they likewise most humbly beseech your majestie to believe , that the dangerous and desperate designe upon the house of commons , mentioned in their preamble , was not inserted with any intention to cast the least aspersion upon your majestie , but therein they reflected upon that malignant party , of whose bloudie and malitious practices they have had so often experience , and from which they can never be secure , unlesse your majestie will be pleased to put from you those wicked and unfaithfull counsellors , who interpose their own corrupt and malitious designes betwixt your majesties goodnesse and wisedom , and the prosperitie and contentment of your self , and of your people : and that for the dispatch of the great affairs of the kingdom , the safetie of your person , the protection and comfort of your subjects , you will be pleased to continue your abode neer to london and the parliament , and not to withdraw your self to any other remoter parts ; which if your majesty should do , must needs be a cause of great dammage and destruction . that your majestie will likewise be gratiously pleased to continue the princes highnesse in these parts at st. james , or any other of your houses neer london , whereby the designes which the enemies of the religion and peace of this kingdom may have upon his person , and the jealousies and fears of your people may be prevented . and they beseech your majestie to be informed by them , that by the laws of the kingdom , the power of raising , ordering , and disposing the militia , within any citie , town , or other place , cannot be granted to any corporation by charter , or otherwise , without the authoritie and consent of parliament ; and that those parts of the kingdom which have put themselves in a posture of defence against the common danger , have therein done nothing , but according to the declaration and direction of both houses , and what is justifiable by all the laws of this kingdom . all which their most humble counsell and desires , they pray your majestie to accept , as the effect of that dutie and allegiance which they owe unto you , and which will not suffer them to admit of any thoughts , intentions , or endeavours , but such as are necessary and advantagious for your majesties greatnesse and honor , and the safetie and prosperity of the kingdom , according to that trust and power which the laws have reposed in them . london , printed for ioseph hunscott . . the apostolical institution of episcopacy demonstrated by will. chillingworth ... chillingworth, william, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing c a estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the apostolical institution of episcopacy demonstrated by will. chillingworth ... chillingworth, william, - . [ ], p. printed by e. cotes ..., london : m.dc.lxiv [ ] imperfect: faded and stained with loss of print; text begins on signature aaa. reproduction of the original in the harvard university library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng episcopacy -- early works to . church polity. great britain -- politics and government -- - . - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - john latta sampled and proofread - john latta text and markup reviewed and edited - pfs batch review (qc) and xml conversion the apostolical institution of episcopacy demonstrated . by will. chillingworth master of arts of the university of oxford . london , printed by e. cotes dwelling in aldersgate-street . anno dom. m.dc.lxiv . the apostolical institution of episcopacy demonstrated . sect . i. if we abstract from episcopal government all accidentals , and consider only what is essential and necessary to it ; we shall finde in it no more but this : an appointment of one man of eminent sanctity and sufficiency to have the care of all the churches , within a certain precinct or diocess ; and furnishing him with authority ( not absolute or arbitrary , but regulated and bounded by laws , and moderated by joyning to him a convenient number of assistants ) to the intent that all the churches under him may be provided of good and able pastors : and that both of pastors and people , conformity to laws , and performance of their duties may be required , under penalties , not left to discretion , but by law appointed . sect . ii. to this kind of government , i am not by any particular interest so devoted , as to think it ought to be maintained , either in opposition to apostolick institution ; or to the much desired reformation of mens lives , and restauration of primitive discipline ; or to any law or precept of our lord and saviour jesus christ : for that were to maintain a means contrary to the end ; for obedience to our saviour , is the end for which church-government is appointed . but if it may be demonstrated ( or made much more probable than the contrary ) as i verily think it may : i. that it is not repugnant to the government setled in and for the church by the apostles . ii. that it is as complyable with the reformation of any evill which we desire to reform either in church or state , or the introduction of any good which we desire to introduce as any other kind of government : and , iii. that there is no law , no record of our saviour against it : then , i hope , it will not be thought an unreasonable motion , if we humbly desire those that are in authority , especially the high court of parliament , that it may not be sacrificed to clamour , or over-born by violence : and though ( which god forbid ) the greater part of the multitude should cry , crucifie , crucifie ; yet our governours would be so full of justice and courage , as not to give it up , until they perfectly understand concerning episcopacy it self , quid mali fecit ? sect . iii. i shall speak at this time only of the first of these three points : that episcopacy is not repugnant to the government setled in the church for perpetuity by the apostles . whereof i conceive this which follows is as clear a demonstration , as any thing of this nature is capable of . that this government was received universally in the church , either in the apostles time , or presently after , is so evident and unquestionable , that the most learned adversaries of this government do themselves confess it . sect . iv. petrus molinaeus in his book de munere pastorali , purposely written in defence of the presbyterial-government , acknowledgeth : that presently after the apostles times , or even in their time ( as ecclesiastical story witnesseth ) it was ordained , that in every city one of the presbytery should be called a bishop , who should have pre-eminence over his colleagues ; to avoid confusion which oft times ariseth out of equality . and truly , this form of government all churches every where received . sect . v. theodorus beza in his tract , de triplici episcopatûs genere , confesseth in effect the same thing . for , having distinguished episcopacy into three kinds , divine , humane , and satanical ; and attributing to the second ( which he calls humane , but we maintain and conceive to be apostolical ) not only a priority of order , but a superiority of power and authority over other presbyters , bounded yet by laws and canons provided against tyranny : he clearly professeth that of this kind of episcopacy , is to be understood whatsoever we read concerning the authority of bishops ( or presidents , as iustin martyr calls them ) in ignatius , and other more ancient writers . sect . vi. certainly , from * these two great defenders of the presbytery , we should never have had this free acknowledgement , ( so prejudicial to their own 〈◊〉 , and so advantagious to their adversaries purpose ) had not the evidence of clear and undeniable truth enforced them to it . it will not therefore be necessary , to spend any time in confuting that uningenuous assertion of the anonymous author of the catalogue of testimonies , for the equality of bishops and presbyters , who affirms , that their disparity began long after the apostles times : but we may safely take for granted that which these two learned adversaries have confessed ; and see , whether upon this foundation laid by them , we may not by unanswerable reason raise this superstructure ; that seeing episcopal government is confessedly so ancient and so catholique , it cannot with reason be denyed to be apostolique . sect . vii . for so great a change , as between presbyterial government and episcopal , could not possibly have prevailed all the world over in a little time . had episcopal government been an aberration from ( or a corruption of ) the government left in the churches by the apostles , it had been very strange , that it should have been received in any one church so suddainly , or that it should have prevailed in all for many ages after . variâsse debuerat error ecclesiarum : quod autem apud omnes unum est , non est erratum , sed traditum . had the churches err'd , they would have varied : what therefore is one and the same amongst all , came not sure by error , but tradition . thus tertullian argues very probably , from the consent of the churches of his time , not long after the apostles , and that in matter of opinion much more subject to unobserv'd alteration . but that in the frame and substance of the necessary government of the church , a thing alwayes in use and practice , there should be so suddain a change as presently after the apostles times ; and so universal , as received in all the churches ; this is clearly impossible . sect . viii . for , what universal cause can be assigned or faigned of this universal apostasie ? you will not imagine that the apostles , all or any of them , made any decree for this change , when they were living ; or left order for it in any will or testament , when they were dying , this were to grant the question ; to wit , that the apostles , being to leave the government of the churches themselves , and either seeing by experience , or foreseeing by the spirit of god , the distractions and disorders , which would arise from a multitude of equals , substituted episcopal government instead of their own . general councels to make a law for a general change , for many ages there was none . there was no christian emperour , no coercive power over the church to enforce it . or , if there had been any , we know no force was equal to the courage of the christians of those times . their lives were then at command ( for they had not then learnt to fight for christ ) but their obedience to any thing against his law was not to be commanded ( for they had perfectly learn't to die for him . ) therefore there was no power then to command this change ; or if there had been any , it had been in vain . sect . ix . what device then shall we study , or to what fountain shall we reduce this strange pretended alteration ? can it enter into our hearts to think , that all the presbyters and other christians then , being the apostles schollers , could be generally ignorant of the will of christ , touching the necessity of a presbyterial government ? or , dare we adventure to think them so strangely wicked all the world over , as against knowledge and conscience to conspire against it ? imagine the spirit of di●trephes had entred into some , or a great many of the presbyters , and possessed them with an ambitious desire of a forbidden superiority , was it possible they should attempt and atchieve it once without any opposition or contradiction ? and besides , that the contagion of this ambition , should spread it self and prevail without stop or controul ; nay , without any noise or notice taken of it , through all the churches in the world ; all the watchmen in the mean time being so fast asleep , and all the dogs so dumb , that not so much as one should open his mouth against it ? sect . x. but let us suppose ( though it be a horrible untruth ) that the presbyters and people then , were not so good christians as the presbyterians are now ; that they were generally so negligent to retain the government of christ's church commanded by christ , which we now are so zealous to restore : yet certainly we must not forget nor deny , that they were men as we are . and if we look upon them but as meer natural men ; yet , knowing by experience , how hard a thing it is , even for policy arm'd with power by many attempts and contrivances , and in a long time , to gain upon the liberty of any one people ; undoubtedly we shall never entertain so wild an imagination , as that , among all the christian presbyteries in the world , neither conscience of duty , nor love of liberty , nor aversness from pride and usurpation of others over them , should prevail so much with any one , as to oppose this pretended universal invasion of the kingdom of jesus christ , and the liberty of christians . sect . xi . when i shall see therefore all the fables in the metamorphosis acted and prove stories ; when i shall see all the democracies and aristocracies in the world lye down and sleep , and awake into monarchies : then will i begin to believe that presbyterial government , having continued in the church during the apostles times , should presently after ( against the apostles doctrine and the will of christ ) be whirl'd about like a scene in a masque , and transformed into episcopacy . in the mean time , while these things remain thus incredible , and , in humane reason , impossible , i hope i shall have leave to conclude thus : episcopal government is acknowledged to have been universally received in the church , presently after the apostles times . between the apostles times and this presently after , there was not time enough for , nor possibility of , so great an alteration . and therefore there was no such alteration as is pretended . and therefore episcopacy , being confessed to be so ancient and catholique , must be granted also to be apostolique , quod erat demonstrandum . finis . notes, typically marginal, from the original text notes for div a -e * to whom two others also from geneva may be added : daniel chamierus ( in panstratia , tom . . lib. . cap. . sect. . ) and nicol. vedelius ( exercitat . . in epist. ignatii ad philadelph . cap. . & exercit. . in epist. ad mariam , cap. . ) which is fully also demonstrated in d. hammond's dissertations against blondel ( which never were answered , and never will ) by the 〈◊〉 of those who wrote in the very next age after the apostles . die martis, julii, . an order of both houses of parliament for encouragement of voluntiers within the kingdom of england and dominion of wales, to use and execise [sic] in a disciplinable manner under such commanders, and in such places as shall be appointed by the lord lieutenants, and others according to the ordinance of parliament. for which service they shall have the authority of both houses of parliament for their indempnity for so doing. england and wales. parliament. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) die martis, julii, . an order of both houses of parliament for encouragement of voluntiers within the kingdom of england and dominion of wales, to use and execise [sic] in a disciplinable manner under such commanders, and in such places as shall be appointed by the lord lieutenants, and others according to the ordinance of parliament. for which service they shall have the authority of both houses of parliament for their indempnity for so doing. england and wales. parliament. sheet ([ ] p.) printed by l.n. and j.f. for e. husbands and j. franck, and are to be sold at his shop at the kings-head in fleetstreet, london : iuly . . "ordered that this be forthwith printed. h: elsynge, cler. parl. d. com." in this edition the first line of text ends: "and". reproductions of the originals in the huntington library (early english books) and the british library (thomason tracts). eng great britain -- history -- civil war, - -- early works to . great britain -- politics and government -- - -- early works to . great britain -- militia -- early works to . a r (thomason .f. [ ]). civilwar no die martis, julii, . an order of both houses of parliament, for encouragement of voluntiers within the kingdom of england and dominio england and wales. parliament. a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion die martis , julii , . an order of both houses of parliament , for encovragement of volvntiers within the kingdom of england and dominion of wales , to use and execise in a disciplinable manner under such commanders , and in such places as shall be appointed by the lord lieutenants , and others according to the ordinance of parliament . for which service they shall have the authority of both houses of parliament for their indempnity for so doing . whereas well-affected persons within the kingdom of england and dominion of wales , may be desirous as voluntiers , to exercise themselves in the use of their arms , by peaceable training , and marching under the lord lieutenants , and others appointed by the ordinance of parliament ; it is thought fit , and so ordered by the lords and commons in parliament assembled , that all such person or persons whatsoever in the severall counties , cities , towns corporate , and other places within the kingdom of england and dominion of wales , as shall desire , and willingly submit themselves to be trained , and exercised in the use of their arms under the lo : lieutenants , and others of the severall counties , and cities of england and wales , authorised by ordinance of parliament , or under such captains appointed by them may from time to time hereafter in a peaceable and orderly way assemble themselves in companies to train , and learn to exercise themselves in the use of their arms , and order of marching at such convenient times , and in such places as shall be thought fit by their commanders , or captains appointed by the lo : lieutenants for that purpose , untill other order shall be herein taken by both houses of parliament ; and that they shall be saved harmlesse for so doing , by the authority of both the said houses ; and that all majors , justices of peace , sheriffs , bailiffs , constables , and other his majesties officers , that shall encourage and assist the said persons in the peaceable and quiet training , and exercising themselves as aforesaid , shall be held by both houses of parliament to have done a very acceptable service therein ; and that they , and every of them shall have the authority of both houses of parliament for their indempnity for so doing . ordered that this be forthwith printed . h : elsynge , cler. parl. d. com. london , printed by l. n. and j. f. for e. husbands and j. franck , and are to be sold at his shop at the kings-head in fleetstreet . iuly . . an act declaring and constituting the people of england to be a commonwealth and free-state england and wales. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing e ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) an act declaring and constituting the people of england to be a commonwealth and free-state england and wales. broadside. printed for edward husband, london : . reproduction of original in the harvard university library. eng great britain -- history -- commonwealth and protectorate, - -- sources. great britain -- politics and government -- - . a r (wing e ). civilwar no an act declaring and constituting the people of england to be a commonwealth and free-state. england and wales a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion seal or coat of arms of the commonwealth an act declaring and constituting the people of england to be a commonwealth and free-state . be it declared and enacted by this present parliament , and by the authority of the same , that the people of england , and of all the dominions and territories thereunto belonging , are and shall be , and are hereby constituted , made , established and confirmed , to be a common-wealth and free-state : and shall from henceforth be governed as a commonwealth and free-state , by the supreme authority of this nation , the representatives of the people in parliament , and by such as they shall appoint and constitute as officers and ministers under them for the good of the people , and that without any king or house of lords . die sabbathi , maii. . ordered by the commons assembled in parliament , that this act be forthwith printed and published . hen : scobell , cleric . parliamenti . london , printed for edward husband , printer to the honorable house of commons , and are to be sold at his shop in fleetstreet , at the sign of the golden-dragon , near the inner-temple , may . . free-parliament quæres: proposed to tender consciences; and published for the use of the members now elected. by alazonomastix philalethes. more, henry, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing m a thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) free-parliament quæres: proposed to tender consciences; and published for the use of the members now elected. by alazonomastix philalethes. more, henry, - . [ ], p. s.n.], [london : printed in the year of our redemption. . alazonomastix philalethes = henry more. place of publication from wing. annotation on thomason copy: "april ". reproduction of the original in the british library. eng england and wales. -- parliament -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason e _ ). civilwar no free-parliament quæres:: proposed to tender consciences; and published for the use of the members now elected. by alazonomastix philalethes more, henry a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - jonathan blaney sampled and proofread - jonathan blaney text and markup reviewed and edited - pfs batch review (qc) and xml conversion free-parliament quaeres : proposed to tender consciences ; and published for the use of the members now elected . by alazonomastix philalethes . spectatum admissi risum teneatis amici ? printed in the year of our redemption . . free-parliament quaeres , &c. . vvhether coffee be not the most fitting drink for the english nation , since we have equalled , nay out-gone the turks themselves ; for though they murdered the father , yet they presently set up the son ? . whether our late rumpers deserve not that that saying , nulla fides pietasve viris qui castra sequuntur , should be thus interpreted , there is neither faith nor pity to be shewed to them nor their janizaries ? . whether hell at westminster be not likely to lose its customers , since the devils are turned out of the parliament house ? . whether thom. scot can pretend to liberty of conscience , since he made an arch-bishops house a prison or gaol ? . whether by the covenant , sir arthur haslerigg ought not to be ejected from the bishoprick of durham , since by that we have sworn against all limbs of episcopacy ? . whether hanging or drowning be the best waies of transportation of our late republicans to the common-wealths of vtopia or oceana ? . whether that prophecy the saints shall rule the earth , be not meant of barbadoes , jamaica , or some terra incognita ? . whether col. john s. can keep off the taxes of an execution , by the profit he got by printing the late act of assessement ? . whether f. and h. the late common-wealth printers should not change names , since the first swells like a mountain , and the other is but a poor leveller ? . whether sir arthur haslerigg hath not a president of patience , in this his falling into the pit of adversity , from his falling into the ditch at leicester ? . whether bradshaw and dun did not accompany each other to hell , that the devil having got such a judge , might not want a fit executioner ? . whether the losse of writing the news of england , was not the cause that nedham was so busie with the news from brussels ? . why since england hath so long been made bedlam , the sectarians should rather be called fanaticks than franticks ? . whether the army be not dispossessed of the devil , and sir arthur , since they begin to submit to the civil authority ? . whether the souldiers ought not to tear off their red coats , since oliver first instituted them , that they might resemble the devils pensioners , in flaming doublets ? . whether the fanaticks do not hate monck now , as much as ever they did the church , their king , or country ? . if the proverb be true , when knaves fall out , honest men may come by their goods ; then whether lamberts switching the rump out of doors , and their driving him into the tower , may not open a door of hope for something further ? . whether a long parliament , a lord , and five members , might not , were they now conjoyned together , be termed the devils coach with six horses ? . whether there is not like to be a lesse arbibitrary administration of justice in hell , if bradshaw be made president there , instead of minos , rhadamanthus , or aeacus ? . vvhether the next parliament ought not to condemn dr. john owens primer , to be burnt by the common hangman , since it was made for the use of the children of the rump ? . whether any of the late rump could have stood for parliament-men , if neither fools nor knaves had been capable of election ? . whether it be not the cheapest way of buying lands , with col. harvey and others , to agree with the state for three moieties , and then cozen them of two ? . whether that comedie , called the costly whore , was not intended for the life of the lady sands , and was written by henry martin ? . whether the bastard , a tragedie , was compiled by mr. goff , or written by j. ireton ? . whether orlando furioso that antient italian poem , was not meant for a prophetical relation of the life of sir arthur haslerigg ? . whether the discontented collonel , be not the fittest play to be acted by our cashiered officers , since they have now no more to do in state comedies ? . whether sir arthur did not act the raging turk in westminster-hall , when he saw the admission of the secluded members ? . whether it was to know if he should be chosen for parliament man , or when he should take his turn at tyburn , that the said gentleman lately addressed himself to the star-cheater lilly ? . whether col. s. creditors have any assurance of his honestie , since he may , being a printer , so easily change the first letters of his name , and make it cheater ? . whether atkins be the anagram of a stink , or a stink of atkins ; and whether that be not a very fitting name for a member of the rump ? . whether the fift of november , or the twenty one of february , deserve the greater solemnity , as a day of delivery from the grander traytors ? . why a rump being a small and worst part of a man , so many good saints should go together to the making of it up ? . whether ever doctors commons might more fitly be called the spiritual court than lately , when none but saints were judges and proctors ? . whether the proverb that saith , facilis descensus averni , the way to hell is easie , be not a mistake , since our late states-men took such pains in it ? . whether the so stately equipping of the naseby frigat , be not for the bringing home of the son , since the father lost his crown and dignity at that fatal place , that so there may be an allusion to that proverb ? — quâ cuspide vulnus acutâ tulerat , hâc ipsâ cuspide tulit opem. . whether an act of oblivion can ever be really passed for the late men of the tail ; since they can never forget their former rogueries , if they be suffered to injoy the profits of them ? . whether the salt of the english wits is not strangely unprofitable , since it makes the rump to stink more and more in the nostrils of the people ? . lastly , whether it be not good service to the nation , to keep the stink of them thus fresh in their noses , that they may for the future avoid fouling their fingers with them ? finis . dr wild's humble thanks for his majesties gracious declaration for liberty of conscience, march . . wild, robert, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). b wing w a interim tract supplement guide c. .f. [ ] interim tract supplement guide c. .f. [ ] ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. b ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books; tract supplement ; a : [ ]; a : [ ]) dr wild's humble thanks for his majesties gracious declaration for liberty of conscience, march . . wild, robert, - . sheet ([ ] p.). [s.n.], london : printed in the year, . signed: iter boreale [i.e. robert wild]. verse: "no, not one word, can i of this great deed ..." with reference to charles ii's declaration of march . item at a : [ ] imperfect: torn at foot with loss of imprint. reproduction of original in the british library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- sovereign ( - : charles ii) -- poetry -- early works to . dissenters, religious -- england -- early works to . great britain -- politics and government -- - -- poetry -- early works to . great britain -- history -- charles ii, - -- poetry -- early works to . - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - robyn anspach sampled and proofread - robyn anspach text and markup reviewed and edited - pfs batch review (qc) and xml conversion d r wild's humble thanks for his majesties gracious declaration for liberty of conscience , march . . no , not one word , can i of this great deed , in merlin , old mother shipton read ! old tyburn take those tychobrahe imps , as silger , who would be accounted pimps to the amorous planets ; they the minute know , when jove did cuckold old amphitryo , ●en mars and made venus wink and glances , their close conjunctions , and mid-night dances . when costive saturn goes to stool , and vile thief mercury doth pick his fob the while : when lady luna leaks , and makes her man throw 't out of window into th' ocean . more subtle than the excise-men here below , what 's spent in every sign in heaven they know ; cunning intelligencers , they will not miss to tell us next year , the success of this ; they correspond with dutch and english star , as one once did with charles and oliver . the bankers also might have , had they gone , what planet governe'd the exchequer , known . old lilly , though he did not love to make any words o●'t saw the english take , five of the smyrna fleet , and if the sign had been aquarius , then they 'd made them nine when sagitarius took his aim to shoot at bishop cosin , he spyed him no doubt ; and with such force the winged arrow flew ; instead of one church stagg he killed two ; glocester and durbam when he espy'd , let lean and fat go together he cry'd . well wille lilly thou knew'st all this as well as i , and yet wouldst not their lordships tell . i know thy plea too , and must it allow , prelates should know as much of heaven as thou : but now friend william , since it s done and past , pray thee , give us phanaticks but one cast , what thou foresaw'st of march the fifteenth last ; when swift and sudden as the angels flye , th' declaration for conscience-liberty ; when things of heaven burst from the royal breast , more fragrant than the spices of the east . i know in next year's almanack thou'lt write , thou saw'st the king and council over-night , before that morn , all sit in heaven as plain to be discern'd , as if 't were charles's waine , great b , great l , and two great aa's were chief under great charles to give poor fan's relief : thou sawest lord arlington ordain the man. to be the first lay metropolitan . thou saw'st him give induction to a spittle , and constitute our brother tom-doe-little . in the bears paw , and the bulls right eye , some detriment to priests thou didst espye ; and though by sol in libra thou didst know which way the scale of policy would go ; yet mercury in aries did decree . that wool and lamb should still conformists be . but hark-you will , steer-poching is not fair ; had you amongst the steers found this march-hare , bred of that lusty puss the good old cause , religion rescued from informing laws ; you should have yelpt aloud , hanging's the end , by huntsmens rule , of hounds that will not spend . be gone thou and thy canting-tribe , be gone ; go tell thy destiny to followers none : kings hearts and councils are too deep for thee , and for thy stars and doemons scrutinie . king charles return was much above thy skill to fumble out , as 't was against thy will. ●rom him who can the hearts of kings inspire , not from the planets , came that sacred fire of soveraign love , which broke into a flame ; from god and from his king alone it came . to the king . so great , so universal , and so free ! this was too much great charles , except for thee , for any king to give a subject hope : to do thus like thee , would undo the pope . yea , tho his vassals should their wealth combine , to buy indulgence half so large as thine ; no , if they should not only kiss his toe , but clement's podex , he 'd not let them goe . whil'st thou to 's shame , thy immortal glory , hast freed all-souls from real purgatory ; and given all-saints in heav'n new joys , to see their friends in england keep a jubilee . suspect them not , great sir , nor think the worse ; for sudden joys like grief , confound at first . the splendor of your favour was so bright , that yet it dazles and o'rewhelms our sight ; drunk with her cups , my muse did nothing mind ; and until now , her feet she could not find . greediness makes profa'ness i' th' first place ; hungry men fill their bellies , then say grace . we wou'd make bonfires , but that we do fear the name of incend'ary we may hear . we wou'd have musick too , but 't will not doo , for all the fidlers are conformists too . nor can we ring , the angry churchman swears , ( by the king's leave ) the bells and ropes are theirs . and let 'em take 'em , for our tongues shall sing your honour louder than their clappers ring . nay , if they will not at this grace repine , we 'l dress the vineyard , they shall drink the wine . their church shall be the mother , ours the nurse . peter shall preach , judas shall bear the purse . no bishops , parsons , vicars , curates , we , but only ministers desire to be . we 'l preach in sackcloth , they shall read in silk . we 'l feed the flock , and let them take the milk. let but the black-birds sing in bushes cold , and may the jack-dawes still the steeples hold . we 'l be the feet , the back and hands , and they shall be the belly , and devour the prey , the tythe-pigg shall be theirs , we 'l turn the spit , we 'l bear the cross , they only sign with it . but if the patriarchs shall envy show to see their younger-brother joseph go in coat of divers colours , and shall fall to rend it , ' cause it 's not canonical : then may they find him turn a dreamer too , and live themselves to see his dream come true . may rather they and we together joyn in all what each can ; but they have the coyn : with prayers and tears such service much avail : with tears to swell your seas , with prayers your sails ; and with men too , from both our parties ; such i 'm sure we have , can cheat , or beat , the dutch. a thousand quakers , sir , our side can spare ; nay , two or three , for they great breeders are . the church can match us too with jovial sirs , informers , singing-men and paraters . let the king try , set these upon the decks together , they will dutch or devil vex . their breath will mischief further than a gun. and if you lose them , you 'l not be undone . pardon dread sir , nay pardon this coarse paper , your license 't was made this poor poet caper . iter boreale . his majesties most gracious and general pardon proclamations. - - . england and wales. sovereign ( - : james ii) approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing j estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) his majesties most gracious and general pardon proclamations. - - . england and wales. sovereign ( - : james ii) james ii, king of england, - . sheet ([ ] p.) printed by mr. p. b[ruce] enginier, printer to the kings most excellent majesty, for his houshold, chapel, and colledge, holy-rood-house [i.e. edinburgh] : . printer's name from steele. "witness our self at westminster the seven and twentieth day of september, in the fourth year of our reign.". steele notation: to upon se-; arms . imperfect; cropped, with some loss of text. reproduction of the original in the harvard university library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng pardon -- england -- early works to . great britain -- history -- james ii, - -- early works to . great britain -- politics and government -- - -- early works to . - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - judith siefring sampled and proofread - judith siefring text and markup reviewed and edited - pfs batch review (qc) and xml conversion his majesties most gracious and general pardon . james the second , by the grace of god , king of england , scotland , france and ireland , defender of the faith , &c. to all to whom these presents shall come greeting . it hath always been our earnest desire since our accession to the crown , that all our people should live at ease , and in full enjoyment of peace and happiness under our government ; and nothing can be more agreeable unto us , than that offenders should be reformed by acts of mercy extended towards them , rather than punishment ; our open enemies upon repentance have found our favour . and although besides our particular pardons which have been granted to many persons , it be not long since we issued forth our royal proclamation of general pardon to all our people ; yet inasmuch as they even who live most peaceably , do often fall within the reach of some of our laws , and may be liable in their persons of estats ( should we be severe ) to prosecutions in our courts ecclesiastical or temporal ; we therefore out of our special grace and tenderness to our people ( from whom we expect a sutable return of duty and obedience ) do hereby grant , publish and declare this our royal and gracious pardon ; and we do hereby for us , our heirs and successors , pardon , acquit , release and discharge all and every our subjects ( except bodies politick and incorporate , and such other persons who shall be herein or hereby excepted , of this our realm of england , dominion of wales , and the town of berwick upon tweed , their heirs , executors and administrators , them and every of them , against us , our heirs and successors , of and from all and all manner of treasons , felonies , misprisions of treason or felony , treasonable or seditious words or libels , seditious and unlawful meetings and ●onventicles , all offences whereby any person may be charged with the penalty and danger of premunire , all riots , routs , offences , contempts , trespasses and misdemeanors , and all judgments and convictions for not coming to church , and of and from the forfeitures and penalties for the same , or any of them heretofore had , committed or done , except as herein or hereby after is excepted . and our will and pleasure is , that neither our said subjects nor any of them , nor the heirs ●xecutors or administrators of any of them , be or shall be sued , vexed , or disquieted in their bodies , goods or chattels , lands or tenements , for any manner of matter , cause contempt , misdemeanor , forfeiture , offence , or any other thing heretofore suffered , done or committed , or ●●mitted , against 〈◊〉 our crown , dignity , prerogative , laws or statuts , and not herein or hereby after excepted ; and that this our grant of general 〈◊〉 by the 〈…〉 clauses and sentences before rehearsed , shall be reputed , deemed , adjudged , expounded , allowed and taken in all manner of our 〈…〉 ●●neficially and liberally for our said subjects thereby pardoned , in all things not hereafter excepted , as if their particular persons and 〈…〉 and fully exprest . excepted and always foreprized out of this our pardon , all treasons committed or done in the parts beyond the 〈…〉 of this our realm ; and also excepted all offences in forging or false counterfeiting the great or privy seal , sign , manual or privy 〈…〉 rent within this our realm , or of unlawful diminution of any of the said moneys by any ways or means whatsoever , and all abetting 〈…〉 ing the said offences or any of them , and also all voluntary murders , petty treasons , wilful poysonings , and all offences of being 〈…〉 or any of them before the fact committed , and also all piracies and robberies committed upon the sea , robberies upon the highways , burglaries in houses , and all offences of being accessory to the said offences or any of them , and also excepted the detestable and abominable vice of buggery committed with man or beast , all rape and carnal ravishments of women , all ravishments and wilful taking away or marrying of any maid , widow or damsel against her will , or without the consent or agrement of her parents , or of such as then had her in custody , and all offences of ading , comforting , abetting , or procuring the said offences or any of them ; and also excepted all offences of perjury , subbornation of witnesses , razing , forging or counterfeiting any deeds , escrips inquisitions , indentures of appraisment , or other writings , or publishing the same , forging or counterfeiting any examinations or testimonies of any witness or witnesses tending to bring any person or persons into danger of his life , and all procuring and counselling of any of the said offences ; and also except all treasons , offences , misdemeanours and contempts of and for which any jndictments , actions , bill , plaint or information , or other process at any time hath been commenced , sued or depended , or is now depending in any of our courts of record , whereupon any verdict , judgment , conviction , outlawry or decree is already given , awarded , entred or had , or confession thereof recorded , or whereupon any fine is already set , and all fines , forfeitures and penalties thereupon now due or accrued , or which shall or may be due , 〈…〉 and all executions for the same ; and also except all informations , and all proceedings concerning highways and bridges , or repairing countrey goals , and all fines , and issues set and returned thereupon since the year one thousand six hundred seventy nine . and also except all offences in taking away , imbezeling , or purloining any goods , moneys , chattels , jewels , armour , munition , stores , naval provisions , shipping , ordnance , or other habiliments of war , belonging to us or our late brother ; and all offences committed or done within the space of one year last , within our forrest of windsor ; and also except all offences of incest , dilapidations , or simony , and also except all contempts and process thereupon issuing in or out of any court of equity ; and olso except all recognizances , conditions and covenants , and all penalties , titles , and forfeitures of offices , conditions or covenants forfeited , accrued or grown to us or our late brother by reason of the breach , or not performing of any office , covenant or condition whatsoever ; also excepted all concealments , frauds , corruptions , misdemeanours and offences , whereby we or our late brother have been deceived in the collection , payments or answering of our revenues , or any part thereof , or any other mony due , or to be due to us , or received for us or him ; and all forfeitures , penalties and nomine paene's thereupon arising ; and all indictments , informations , or other process , proceedings now depending or to be depending thereupon . provided always that nothing in this our pardon contained shall extend or be construed to discharge any fines , sums of money recovered by judgment , fines , ●ro licentia concordandi , post-fines , issues or amerciaments , lost , imposed , assessed , set or entred in any court of record whatsoever ; and also except all persons who are as to any pains , penalties or disabilities whatsoever excepted out of the several acts of free and general pardon , indemnity and oblivion made in the reign of our late royal brother , excepted also all persons who after conviction or attainder of or for any manner of treason or misprisions of treasons have been transported , and such attainted of other notorious crimes or felonies as have been ordered or directed to be transported into any of our foreign plantations ; except also all fugitives and persons fled from our justice into parts beyond the seas , or out of this realm , who shall not return and render themselves to our chief justice , or some justice of the peace before the first day of january next ensuing ; and also excepted out of this our pardon the persons hereafter particularly mentioned , viz. robert parsons , edward mathews , samuel venner , andrew flether , colonel john rumsey , major john manly , isaac manly , francis chareton , esq ; john wildman , esq ; titus oates , robert ferguson , gilbert burnet and sir robert pyton ; provided that no process of outlawry at the suit of person plaintiff shall be by vertue of this our pardon stayed or avoided , unless the defendant appear and put in bail where by law bail is necessary , and take forth a writ of scire facias against the party at whose suit he was outlawed ; and that this our pardon be not allowed to discharge any outlawry after judgment till satisfaction ●r agreement be made to or with the party at whose suit the outlawry was obtained : and our will and pleasure is , that this present pardon shall be of as good ●orce and effect to pardon and discharge all and singular the premisses above mentioned , and intended to be pardoned and discharged , as if we should by letters pa●ents under the great seal have granted particular pardons to every one of our subjects : and for the better manifestation of our gracious intentions and desire ●erein . we do give leave that any of our subjects not herein excepted may sue and take out our particular pardon pursuant to the tenor hereof , and for that pur●ose we shall direct our secretaries of state to present warrants to us for our signature , and give order to our attorney-general or solicitor to prepare bills for pas●ing pardons for such as shall desire the same . in witness whereof we have caused these our letters to be made patents , witness our self at westminster the se●en and twentieth day of september , in the fourth year of our reign . clerke holy roode house printed by mr. p. b. enginier , printer to the king 's most excellent majesty for his houshold , chapel and colledge . . by the protector. a proclamation commanding all papists and all other persons, who have been of the late kings party or his sons, to depart out of the cities of london and westminster, and late lines of communication, on or before munday the . of march, one thousand six hundred fifty seven. england and wales. lord protector ( - : o. cromwell) this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing c thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) by the protector. a proclamation commanding all papists and all other persons, who have been of the late kings party or his sons, to depart out of the cities of london and westminster, and late lines of communication, on or before munday the . of march, one thousand six hundred fifty seven. england and wales. lord protector ( - : o. cromwell) cromwell, oliver, - . sheet ([ ] p.) printed by henry hills and john field, printers to his highness, london : [i.e. ] dated at end: given at our palace of westminster the th day of february, in the year of our lord, . reproduction of the original in the british library. eng exile (punishment) -- england -- london -- early works to . catholics -- england -- london -- early works to . royalists -- england -- london -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no by the protector. a proclamation commanding all papists and all other persons, who have been of the late kings party or his sons, to depart england and wales. lord protector a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion commonwealth blazon or coat of arms olivarivs dei gra : reipvb : angliae , scotiae , et hiberniae , &c protector pax qvaeritvr bello . ❧ by the protector . a proclamation commanding all papists and all other persons , who have been of the late kings party or his sons , to depart out of the cities of london and westminster , and late lines of communication , on or before munday the . of march , one thousand six hundred fifty seven . his highness the lord protector being informed of the frequent meeting of divers papists and other ill-affected persons ( who have born arms against this common-wealth , or otherwise adhered to the enemies in the late wars ) in , and about the cities of london and westminster , and the places adjacent , and having received of late certain intelligence of designes now on foot , and endeavoured to be carried on by correspondencies with the king of spain , and with charls stuart , and their agents and complices , and judging it necessary to use all means for preserving of the peace of the nation , and to prevent the mischiefs which may arise by such designes , doth ( by , and with the advice of his privy council ) straitly charge and command all papists , and all other persons , who have been at any time in arms against the commonwealth , or have adhered unto , or willingly assisted the enemies thereof in the time of the late war , being within the cities of london and westminster , or the late lines of communication , and not under restraint , on or before the eighth day of march now next coming , ( or if under restraint , then within three daies after their respective enlargement ) to depart out of the said cities of london and westminster , and late lines of communication , and all other places within twenty miles of the said late lines , unless it be their places of habitation for themselves and their families , and not to return until the first day of easter term next : and his highness doth require and command the lord mayor of the city of london , and the aldermen of the said city , and likewise the iustices of the peace within the said cities , and of the several counties of middlesex , surrey , hertford , kent and essex , within their limits and iurisdictions , to cause strict wards and watches to be kept , and to make frequent and diligent searches for , and to apprehend , or cause to be apprehended , all such persons aforesaid , which shall be found within the said cities , places , or distance aforesaid , after the time or times before limited for their departure , and them and every of them to commit to prison , and from time to time to certifie their proceedings therein , to his highness council , under their hands and seals . and all sheriffs , bayliffs , constables , all captains of guards , officers and souldiers , and all other the good people of this commonwealth , are required to be aiding and assisting to the said iustices of the peace , and other officers aforesaid , in the due execution of the premisses , as they will answer the contrary at their utmost perils . and for the better discovery of all papists , and ill affected persons which now are , or during the time aforesaid , shall resort unto the said cities of london and westminster , or places within the late lines of communication , his highness , by , and with the advice of his said privy council , doth charge and require all and every housholder and housholders , within the said cities and places aforesaid , on or before the tenth day of march now next coming , to deliver in writing under their hands unto the alderman of the ward , if such housholder live within the city of london , or to the next iustice of the peace , a perfect list of the names of all persons now lodging within the house of such housholder , together with their additions ; and if they are papists , to mention the same in such list , and so from time to time within four and twenty hours after the receiving of any person to lodge in his or their house and houses , to deliver in the names of such person and persons in manner aforesaid , to such alderman or next iustice of the peace : and the aldermen of the respective wards within the said city of london , and the iustices of peace within the said city of westminster , and places within the late lines of communication , are required to take care that lists be accordingly sent in unto them from all and every housholder aforesaid , and to make enquiry of the truth of such lists : and all constables and other officers are enjoyned and required to observe the orders and directions of such alderman and iustice of peace respectively herein , and to yield obedience thereunto . and the said aldermen and iustices of the peace respectively , are hereby likewise required to transmit true copies of such lists unto the clerks of his highness council , or one of them : and his highness doth hereby declare , that all and every such housholder as shall make default of sending in such lists as aforesaid , or shall send in a false list , shall be taken and deemed an enemy to the peace and security of the commonwealth . given at our palace of westminster the th day of february , in the year of our lord , . london , printed by henry hills and john field , printers to his highness , . a discourse of the rise & power of parliaments, of law's, of courts of judicature, of liberty, property, and religion, of the interest of england in reference to the desines of france, of taxes and of trade in a letter from a gentleman in the country to a member in parliament. sheridan, thomas, -ca. . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; 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(eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a discourse of the rise & power of parliaments, of law's, of courts of judicature, of liberty, property, and religion, of the interest of england in reference to the desines of france, of taxes and of trade in a letter from a gentleman in the country to a member in parliament. sheridan, thomas, -ca. . [ ], - , [ ] p. s.n.], [london : . attributed to thomas sheridan. cf. halkett & laing ( nd ed.). pages and tightly bound in filmed copy. pages - photographed from cambridge university copy and inserted at end. reproduction of original in huntington library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- parliament. courts -- england. taxation -- england. great britain -- politics and government -- - . france -- foreign relations -- great britain. great britain -- foreign relations -- france. great britain -- economic policy. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - tcp staff (michigan) sampled and proofread - tcp staff (michigan) text and markup reviewed and edited - pfs batch review (qc) and xml conversion a discourse of the rise & power of parliaments , of law 's , of courts of iudicature , of liberty , property , and religion , of the interest of england in reference to the desines of france ; of taxes and of trade . in a letter from a gentleman in the country to a member ●n parliament . salus populi suprema lex esto . printed in the year . the following preface newly writ by the book-seller's friend . whoever buyes this tract , will do a small kindness to the bookseller ; but he that reads it , will do a greater to himself . the title alone is a temptation to invite one to look into it , in this time of disorder ; but , if wit and learning , reason and piety , the knowlege of men and deep consideration of goverment signifie any thing , the discourse is a perfect snare to captivate the reader . and it hath one advantage peculiar to it self to detain him , that he will meet with many things there , which no man ever writ or perhaps thought on before . the novelty alone will gratifie the men of pleasure and curiosity ; and as for the grave and the wise , that chain of reason , and good nature which runs through it , will make them scratch and think twice , before they condemn it . it was written to a member of the last parliament about christmas last was twelve-month , and since that time has crept abroad into the world , and is now made more publick , as well for the general , as the book-seller's particular good . but a great chang of affairs happning in this interval , 't is fit to acquaint you , that the author never dream't of the horrid plot , which has bin lately discover'd , when he pleaded for toleration to honest and peaceable dissenters . he measur'd other persons by his own candid temper , and did not think there cou'd be found a sect of men , who wou'd endevor the advancement of their religion by shedding the blood of their prince , in an age , when rebellious principles and their abettors , have receiv'd such confutations , as they have in this , both by god and man. but truth doth not vary with time , how much soever some persons may abuse it . i cannot persuade my self , but that liberty of conscience is a natural right , which all men bring with them into the world ; for we must all give an account of our selves to god , and stand or fall by our own faith and practice , and not by the religion of the state or countrey where we happen to be dropt . 't is impossible for men to believe what they list , or what others wou'd have them , tho it shou'd be beaten into their heads with beetles . persecution makes some men obstinate , and some men hypocrites ; but evidence only governs our under standings , and that has the prerogative to govern our actions . the design of christianity is to make men happy in the other world ; and in order thereunto , it teaches them to regulate their passions , and behave themselves with all sobriety , righteousness and piety in this . the doctrines whereby this is enforc'd , are so few and so plainly deliver'd , that they are at this day acknowledg'd by all the several sorts of christians that make a number , or are fit to be consider'd under a name in the world. for how many are there , who do not profess the apostles creed ? which was the old rule and measure of christian faith , unalterable , unreformable , from which nothing ought to be taken , to which nothing need to be added ; as irenoeus and tertullian declare . and if men wou'd be persuaded to preserve these ancient boundaries of christianity inviolate , and suffer the primitive simplicity to be restor'd ; the great occasion of squabble and contention wou'd be cut off ; and they wou'd not dispute for ever , about a lock of wooll , or the knots of a bulrush ; but instead of being extremely learned in trisles , and extremely zealous for moonshine , they wou'd grow kind and charitable and lay aside their unreasonable censures of one another . aquinas and bellarmine , and the synopsis purioris theologiae , wou'd not be studied so much , but the sermon on the mount a great deal more ; and upon casting up the account , it wou'd be found , that what we lost in subtilty thereby , we shou'd gain in religion . st. hilary , the famous bishop of poictiers , has an excellent saying to this purpose , non per difficiles nos deus ad beatam vitam quaestiones vocat , nec multiplici eloquentis facundiae genere solicitat ; in absoluto nobis & facili est aeternitas ; iesum suscitanum à mortuis per deum credere , et ipsum esse dominum confiteri . god doth not call us to heaven by understanding abstruse and difficult questions , nor invite us by the power of eloquence and rhetorical discourses ; but the way to eternal happiness is plain , easy , and unintricate ; to believe that god rais'd up iesus from the dead , and to confess him to be the lord of all . the sense of this will soften the minds of men , and dispose them to mutual compliances and forbearances ; and then we shall not think it needful , by severities and penalties , to compel others to go to heaven , in our way , with great uneasiness , when we are resolv'd , they may with safety and pleasure get thither in their own . upon these grounds , the wisest emperors in christendom have allow'd liberty to dissenters , as theodosius did to the novatians , who had separate churches at constantinople , and bishops of their own persuasion to govern them , and enjoy'd all the priviledges of catholic christians . and the opinion of king iames sent to cardinal perron in the words of isaac casaubon , will be remembred to his honor , whilst his name shall be known in the world , as the best rosolution which was ever given of this question . rex arbitratur rerum ad salutem necessariarum non magnum esse numerum , quare existimet ejus mojestas nullam ad ineundam concordiam breviorem viam fore , quàm si diligenter separentur necessaria à non necessariis , & ut de necessariis conveniat omnis opera insumatur , in non necessariis , libertati christianae locus detur . the king is persuaded , that there is no great number of things necessary to salvation ; wherefore his majesty believes there will not be met with a shorter way to peace , than that distinction be carefully made , between necessary things , and those that are not so ; and that all pains be taken for agreement in necessaries , but that allowance be granted for christian liberty in those things that are not necessary . this is not a demand which has been only made of late , since the christian name has been so scandalously divided as it is at this day ; but 't is that which the primitive christians pleaded for as their right and due , that they ought to be tolerated , though they were mistaken , so long as they were peaceable . to this end tertullian made an address to scapula , the governor of africa , and tells him , humani juris & naturalis est potestatis unicuique quod putaverit colere , nec alii obest aut prodest alterius religio . sed nec religionis est cogere religionem , quae sponte suscipi debeat non vi . cum & hostiae ab animo libenti expostulentur . ita etsi nos compuleritis ad sacrificandum , nihil praestabitis diis vestris ; ab invitis enim sacrificia non desiderabantur , nisi contentiosi sint ; contentiosus autem deus non est . it is the right of mankind and a natural privilege to worship according to what he believes . one man's religion doth neither good nor harm to another ; 't is no part of any one's religion to compel another man to be of the same with him , which ought to be undertaken freely , not by compulsion , even as the sacrifices are required to be offered with a willing mind ; and therefore tho you compel us to sacrifice , you will do no service to your own gods : for they desire no offerings from the unwilling , unless they be quarrelsome ; but god is not contentious . lactantius has spent a whole chapter to shew the unreasonableness of persecuting men for religion , and that violence is an incompetent argument to propagate truth . st. chrysostome makes it a mark of heresie , and argues thus ; doth the sheep persecute the wolf ? no , but the wolf does the sheep . so cain persecuted abel , not abel cain . ismael persecuted isaac , not isaac ismael . so the iews persecuted christ , not christ the iews ; so the heretics do to the orthodox , not the orthodox to the heretics ; therefore by their fruits you shall know them . the truth is , the persecuting practice was first introduc'd among the christians by the fiery and turbulent spirits of the arrian heretics , who had corrupted the emperor constantius , and brought him to their party , and then made use of this power to confute the catholic bishops and their adherents , by banishment , imprisonment and confiscation of goods . against which unworthy proceeding , athanasius inveighs with great reason , and vehemence , as a preparation for the coming of antichrist . but when this poison was once cast into the church , 't was but a short time before the sounder and sincerer part of christians was infected with it ; and as their interest grew at court , so they made use of it , to basfle their adversaries , and retort their own arguments upon them ; obtaining lawes to be made against several heretics , with very severe penalties , the loss of goods , of liberty , the power of making a will , and in some cases , the loss of life . which law 's are yet upon record in both the codes of iustinian and theodosius . but tho by this means they prevail'd at last to suppress the heresies which troubled the church , yet the best and wisest men amongst them disapprov'd the expedient , and thought it unreasonable , to purchase the establishment of truth , by ●uch rigours and by the shedding of blood . the first instance which i remember of any capital sentence formally pronounc'd against any dissenters , was against priscillian and some of his followers ; but then st. martin the bishop of tours interceded with all his might to hinder the proceeding ; and sulpitius severus gives an ill character of the fact , when he sayes , homines luce indignissimi , pessimo exemplo necati , aut exiliis necati . 't was of ill example and a scandal to christianity , that they were banish'd or put to death , tho they did not deserve to live . and when a band of soldiers was sent to suppress a conventicle of the donatists ( who were very numerous and extremely trouble some in africa . ) and bring them to church ; parmenian objected the armatum militem , and the operarios unitatis , to the catholics , as an unseemly and an unworthy practice . and it cost optatus a great deal of pains , to write almost a whole book to wipe off the imputation ; which he could not do , but by denying the fact as a calumny , whereof the catholics were not guilty , and disagreeable to the doctrines of their meek and peaceable master . st. austin has declared his opinion how the manichees were to be treated in such favourable and gentle words , as shew he was not pleased with the law in force against them . cod. iust. l. tit. . de haereticis : leg . manichaeos : illi in vos saeviant qui nesciunt , quo cum labore verum inveniatur , &c. let them be rigorous against you , that do not understand what pains is requir'd in the discovery of truth ; and with what difficulty errors are avoided : let them be severe against you , that know not , how rare and hard a thing it is to conquer carnal representations by the serenity of a devout mind . let them rage against you , that are ignorant with what labor the eye of the inward man is cur'd , that it may be able to behold its own sun ; let them be cruel towards you , that know not what sighs and groans are necessary to the understanding of god in any degree : in fine , let them be angry with you that are free from all such mistakes as they see you deceiv'd with . but for my self , i can in no wise be severe against you , for i ought to bear with you as with my self , who was once one of you ; and treat you with that patience and meekness as was shewn to me by my neighbours , when i was furiously and blindly engag'd in your erronious doctrines . salvian a priest , and as some think a bishop of marselles , has manifested the like candor and meekness towards the arrians . haeretici sunt , sed non scientes : denique apud nos sunt haeretici , apud se non sunt &c. they are heretics , but they are ignorantly so ; they are heretics in our esteem , but they do not think themselves so ; nay , they so firmly believe themselves catholics , that they defame us with the title of heresy . what they are to us , the same we are to them ; we are certain they injure the divine generation , by saying the son is inferior to the father ; they think us injurious to the father , because we believe them equal ; the honor of god is on our side , but they believe it on theirs : they are undutiful , but they think this the great office of religion ; they are ungodly , but this they believe is true godliness ; they err therefore , but they err with an honest good mind , not out of hatred but affection to god beleeving that they both love and honor the lord. altho they want a right faith , yet they are of opinion . that this is the perfect love of god ; and none but the iudge can tell how they are to be punish'd , for the mistake of their false doctrine in the day of iudgment . this was the soft and charitable spirit which breath'd in those eminent defenders of christianity , who were so zealous for their religion , as to suffer for it themselvs ; but not so furious as to make others suffer to promote it . they had another method of propagating the truth ; in meekness instructing those that oppose themselvs . for indeed the only proper punishment of the erronious , is to be taught . having discours'd thus far concerning indulgence towards dissenters ; i. e. for charity , righteousness and peace ; and that every one has a right , by the great charter of nature , to make the best provision he can for his own happiness ; i foresee the envy to which this way of reasoning will be expos'd ; as if it open'd a gate to . all sorts of sects and foolish opiniators , even to atheists themselvs ; and stript the magistrate of that power , whereby he is enabled to attain the end of government , that the people under him , may lead quiet and peaceable lives , in all godliness and honesty . i know so much of human nature , and the extravagant follies of mankind left to the conduct of their own passions , that these wou'd be the certain consequences of unlimited liberty to all persons ; and therefore i plead not for it . my notion of liberty precludes all the inconveniences in this objection . 't is not a natural law which is unchangable , but a natural right only for a man to chuse what religion he will profess . and there is no right of nature , which i know of , but what is limitable to the public good , and forfeitable by the abuse of it . a man may forfeit the right which he has to life , which he holds by nature , as well as to his estate , which he holds by law. an atheist , a murderer , &c. may as justly be kill'd as a viper , or a wolf , or any other noxious animals ; because they have don irreparable mischief to the commonwealth already , and to prevent doing more for the time to come . the natures of such persons are greatly degenerated , and t is but reasonable , that they who have lost the common virtues , shou'd likewise lose the privileges of mankind : and i judge the like concerning the liberty which every man has to inquire into the truth of several systems of religion , and publicly to maintain that which appears to him establish●t upon the surest foundations . when t is apparent , that religion it self is damnified , the safety of the government endangered , and the peace of the common-wealth broken by any sort of doctrines , the persons professing those doctrines have forfeited their natural freedom , and ought to be restrain'd . accordingly , first , no man is to be allow●d to publish impieties which evidently tend to the dishonor of god and wicked life ; as , that god doth not take care of the affairs of this world ; and , that there are no rewards and punishments in the other ; that there is an indifferency in human actions , and no good or evil antecedently to the civil constitution , &c. for the truth in these cases is so plain by the light of nature , and by the manifold discoveries which god hath made , that no man who seeks for it with an honest mind , but may discern it ; and accordingly errors of this nature are not to be ascrib'd to weakness of iudgment , which is to be pitied , but consider'd as proceeding from malicious principles , and tending to base ends , and so are punishable as corruptions in manners . this sort of men indeed are not within the limits of this question , for they have no conscience , and therefore can challenge no privilege from it ; and no goverment can have security from men of no conscience ; and therefore cannot be blam'd , if it do not protect them . and , seeing they oppose the consent of mankind in such momentous affairs , why shou'd they not forfeit the benefit of human society ? and if the sword were oftner drawn and sharpn'd against them , it might possibly reconcile some persons to the authority , who are now no great friends to it , nor altogether of st. paul's mind , that the minister of god bears not the sword in vain , but is a punisher of evil doers , and a praise to them that do well . secondly , no man can claim any right to freedom , whose doctrines tend to the destruction of government in general , or the dissolution of that which is establisht . for the benefits of goverment are so great , ( tho like those of health , they are not so sensibly discern'd by any thing so much as by their absence ) that all mankind have bin contented to purchase them , by parting with somthing out of every ones stock , to maintain a common arbitrator of differences , and a common defence from injuries . and the alterations of any particular form , or the removal of any particular person , in whom the government is fix'd , is always attended with so many certain inconveniencies , and , if with any , such uncertain advantages , that ordinary prudence ought not to trust such persons whose religion leads them to anarchy or to change. nay , submission to goverment is so incorporated into all religions of the world , natural , pagan , iewish and christian , that 't is impossible any one can reconcile religion with the opposition to the present government : therefore all such doctrines as these , that dominion is founded in grace ; that 't is lawful to depose heretical princes , or vindicate the true religion by the sword ; that an idolatrous king may be cut off ; that the original of power is in the people , and upon male administration and tyrannical government , they may resume their first grant ; are to be discountenanc'd in every common-wealth , and the abettors of them to be restrain'd and punisb't ; unless the rebels of england have some peculiar privilege ; and they that ought to be hang'd in every other nation under heaven , have a particular charter to be indulg'd as the godly party here . thirdly , he that will not allow the same liberty which he asks , destroys the right to his own demands ; he is of a narrow persecuting spirit ; in love with his own dear self , proud , conceited , and an enemy to the rest of the world. for , i pray , are we not all equal by nature , have you more of the image of god , or a less share of original sin than i ? you tell me , that i am an idolater ; and cannot i say , that you are a heretick ? you are certain , if god's word be true , and the spirit of god do not deceive , you are in the right ; i say you are very confident , and solomon tells us , the fool rageth and is confident . i took not up my religion upon trust , i have read the bible and the ancient writers , the most indifferent arbitrators of differences in religion ; i have consulted the wisest men , and heard all parties speak ; i have pray'd to god for his assistance , that he wou'd guide me into all truth , and i verily think god has answer'd my prayers ; and 't is you , not i , that are in the mistake : but because there may be no contention between us , i am contented to compromise the quarrel , and we will dwell together charitably with united affections , tho with different iudgments . but you cannot in conscience accept of this fair offer ; you have a command to the contrary : come out from among them and i will receive you ; be not unequally yoaked with unbelievers : have no fellowship with the unfruitful works of darkness , but rather reprove them . you have a promise to depend on , and you look up to god to perform it . behold , i will make them of the synagogue of satan , which say they are iews , and are not , for they lye ; i will make them to come and worship before thy feet , and know that i have loved thee . well sir , i am sorry my tender of peace is so scornfully rejected , upon the misapplication of such texts of scripture , as equally and indifferently serve all parties , or are nothing to the present purpose ; you must not be angry , if i strike the first blow , rather than suffer you to take your own opportunity to knock me o th head . when the cause comes to be tryed , before equal umpires , you will be judg'd out of your own mouth , that challeng'd liberty , which you wou'd not grant : for you have transgrest the great rule of righteousness , not to do to others , what you wou'd have done unto your self . upon these terms , the pretences to liberty are destroy'd . but if the wisdom of any state shall confine their indulgencies to pious , obedient , and charitable dissenters , i cannot perceive the prejudice , which difference in speculations and disputable points can do in religion , or the power of the magistrate . but at the same time i cannot but admire the admirable temper and moderation which is shew'n in the church and goverment of england ; that requires nothing necessary to salvation , but the acknowlegement of the ancient creeds ; that teaches nothing , but what is pious and charitable ; whose lyturgy is grave , wise and holy ; whose rites are few and material ; whose laws are full of candor and compliance , allowing freedom to any five dissenters together to worship god , in their own way : whose true sons and subjects , are the greatest favorers of christian liberty , which are in the world ; and i pray god , to give all people that disown it , wisdom to understand it . the publisher to the reader . having , i must own , not without pleasure , read the following papers ; and believing they might in several instances ( i do not say all ) give som satisfaction to others , and contribute to the public good , for which , i perswade my self , even those notions that seem most od and impracticable , were intended ; i resolved to make them public ; but was check't again , by calling to mind , that he from whom i in some sort extorted them , oblig'd me not to discover him : nevertheless , considering i might do the one without the other , i pursued my former resolutions ; yet taking this further care , that even the printer should not know from whence they came . and now let me tell you , whatever you shall think of this discourse , 't is the issu of a sober brain , tho perhaps a little too much inclin'd to humor , and rigid vertu ; and not so agreeable or smooth , as you would have had it , if my friend had dressed it for the eyes of any other besides my self , to whom he sent it sheet by sheet ; and having writ it in less than eight of the last holy-dayes , you may believe , had i allowed more time , it would have come , even to me , reviewed . as it is , i make it yours ; and assure you , what ever censure you pass upon him or me , we shall both be unconcern'd : as complesance made it mine , so a good intention , of serving my country , makes it yours . for my self , i do not aim at being richer or greater ; the patrimony left me , satisfyed and invited my unambitious mind , to the retirements of a privat life ; which i have made easie by innocent recreations , company , and books : it was not my own seeking , that i am now plac'd in a more public station ; wherein , tho perhaps i have done no good , yet , i am pleas'd , i never did any hurt ; having alwayes pursu'd , without passion or interest , what ever my conscience ( the best rule and severest iudge of men's actions ) convinced me was best . as to my friend , he is one has read some books , and more men ; thanks god he is , that , which the world calls a fool , a good-natur'd man , one that heartily loves all mankind ; and has so particular a zeal for the good of his country , that i believe he would sacrifice his life to serve it . but almost despairing , that ever things will be better than they are ; and finding , by what he has seen abroad , that a man may live more happily in england , than in any part of europe ; and now grown old , by temper , more than years , he has resolv'd , chiefly to mind himself ; whom , to enjoy more fully , he has bid adieu to all thoughts of business ; to which , having never been bred by any calling , he has had the more opportunities of considering all , of improving himself , and observing most sorts of men ; and , as a speculative philosopher , to the entertainment of himself and friends , he passes very free remarks on all actions and things he judges amiss ; and , being byass'd by no manner of interest , i am perswaded he speaks his conscience : and he has the good fortune , to make others often conclude , he do's not only speak a great deal of truth ; but also further satisfies them , that it is much easier to find faults , than mend them ; that there ever were , and ever will be , disorders in all human societies ; that there are fewer in that of england , than in any other , and that they are there more curable . thus much i thought fit to tell you , to prevent any misapprehensions concerning the persons who are the occasion of this trouble , or diversion , call it what you please . the contents . . state affairs not fit to be discoursed by privat men . page . of the rise of parliaments . . origin of government , with a brief account of laws , revenues , trade , and natural religion . . a new method of electing members , objections against this present parliament , and their answers . . of lawes , &c. . of better restraint of offences than punishment by death . . of courts of iudicature . . of liberty , property , and religion . . differences in the last nor hurtful nor restrainable . . how toleration may be safely granted . . how to prevent divisions among christians , and to make all really not nominaly such . . to regulate and reform the abuses of the press ; the inconveniencies of printing as now managed . . the intrest of england in reference to france . . reasons why the king did not declare war against that crown . . the king's care of ireland to prevent french designs . . of an union between england and ireland , or the repealing poynings act. . of taxes to make them great and perpetual , most for the peoples ease and common good . . that l. formerly was in real value equivalent to l. now , and in use to l. with the reasons of the disparity . . the dangers of not perpetuating , apportioning and applying the revenue to the particular charge and uses of the crown or state , and the advantage of doing so . . the objections against perpetuating the revenue , considered and removed . . that french or any other commodities are better restrained by height of duty , than absolute prohibition . . several taxes considered , excise , hearth-mony &c. . a tax upon new buildings , a pole-mony , and how to secure it against frauds . . a tax upon unmarried people . . of trade , of the value of labour , how the people and riches may be encreased , &c. . that forreigners are to be invited , and how . many other things for advance of trade , as registries or their equivalent on practisers of fraud ; how work-houses may be erected , all poor and beggars provided for , and a nursery for an army either for land or sea-service to be suddenly raised on any emergency , without grievance or pressing of the people &c. errata . in the title page for ( member in ) read member of . p. . to the reader , read unfashionable rigid virtue . p. . l. . r. extravagance . p. . l. . r. destructive . p. . l. . for ( and policy ) r. or policy . ibid. l. . r. as head . p. . l. . r. actual summons . p. . l. . r. arising . p. . l. . r. end. ibid. l. . for ( clearer ) r. cleaner . p. . l. . r. a red sea. p. . l. . r. sacrament . p. . l. . r. have slay'd . p. . l. . dele , til , they ; p. . l. . r. finesso . p. . l. . for ( unequal ) r. uneasy . p. . l. . r. poynings . p. . l. . r. claim a greater . p. . last l. for ( make ) r. may . p. . l. last , r. haver . p. . l. . r. brewers only . p. . l. . r. but also . p. . l. . r. twice stronger . p. . l. . r. many many . p. . l. . r. shal not be . p. . l. . r. representative . p. . l. . r. bettor . the introduction . sir , had you only commanded me to have given you an account of the laws and customs of another utopia , an isle of pines , or of o. brazil , ( tho unfit even for such a task ) i wou'd not have disputed it : but finding you have impos'd upon me , who am neither states-man nor merchant , a necessity of playing the fool , by treating of englana's policies and trade ; i confess i cou'd not without great reluctance comply with so severe an injunction . i have always been averse to discourses of this kind ; which in privat men are no farther tolerable , than as idle philosophers , to pass away their vacant hours in such otherwise useless speculations ; and in them too , i have heard 'um oftner condemn'd than commended , the authors esteemed foolish , and impertinent , troublesom or dangerous ; and som we know by indulging themselves too much in this vanity , have straitned , if not wholly lost their liberty and fortunes . we live not in plato's commonwealth , but in foece romuli , where a ful reformation of laws and manners , seems only to be wish'd , not to be obtain'd without a miracle . why then shou'd any , especially the unconcern'd , busy their heads with what they cannot mend ? 't is much more pleasant and safer far , to let the world take its course , to believe that in the regular , stated , motion of nature , things are so order'd by divine providence , that they wil not , cannot , suffer themselves to be il manag'd . nature , if we hearkn'd to her dictates , as well as religion ( which we equally despise ) would convince us , it were our duty ( i am certain it wou'd be our interest , our happiness even in this life ) to submit quietly to the powers above , and their ordinances , because all powers are of god. thus i acknowledge every privat man ought to think and do ; but public persons , that is to say , law-makers are to consider they were born not only for themselves , but for the good of others , and therefore are oblig'd to exert that power with which they are intrusted , for the joint common good of the people , without partial regards or privat ends . if they wou'd sincerely mind this ; and if our hot-braind state-mountebanks , who being but privat men , yet quarrel at every thing that is not conformable to the capricio's of their own wild fancies , wou'd cease to intermedddle in their superiors province , england might be the happpiest kingdom of the world ; whereas the contrary practise rendred her not long fince the seat of civil wars , tyranny and confusion , and has at present so filled her with murmurings , and repinings , iealousies , and fears , that she which formerly gave law to others , and was a terror to more than europe , is now in danger , to become weak and contemptible in the eys and opinions of her neighbors . these , and such like , were the considerations , that made me so long resist your command ; to which i had never yielded , but to prevent the loss of your friendship , with which you so solemly threatn'd me in your last . take then in the same order you prescribe , the best account i am able in so short a time to give to your several following particulars of the rise and power of parliaments , of laws ; courts of iudicature ; of liberty , property and religion ; of the interest of england in reference to the desines of france ; of taxes and of trade . but you are to observe , that what i write is with as much liberty , and little care , as people discourse in coffee houses , where we hear the state-affairs of all nations adjusted , and from thence guess at the humor of the people and at the times . in this therefore , you are not to expect , any studied phrases , or elaborat connexions , close neat transitions , &c. your servant ( whom i conjure you by the strictest ties of friendship , not to discover ) has neither will , nor leisure for such a work , which being intended only for your closet , you may be content to take in a plain english dress . the great and many revolutions and changes , which in all places have attended human affairs ; and the particular inundations of the romans , saxons , danes , and normans , into this kingdom ; together , with the ignorance and carelesness of former ages , have left us , in so much darkness and uncertainty , that i think it not only difficult , but morally impossible , to trace out exactly the beginnings of things . if it be so then in all affairs , we may cease to wonder , why men are so much at a loss , in their enquiries into , and debates of the present matter , viz. of the rise and power of parliaments ; which has received very different formes and shapes , according to the interest and power of the several contending parties ; this makes me think , its tru face can never be fully discover'd , tho perhaps it may be uncertainly guess'd at , by som lines , saint shadows , and stronger probalities gather'd from the scatter'd memoires of monks , who cannot well be suppos'd impartial , especially in ecclesiastical , nor full in the relations of state-affairs ; in the accounts of which they did not hold themselves concern'd : but yet they are the best guides we have ; for from the ancient rolls in the tower , one cannot believe , there was any exact diary of things ; or if he do , must conclude , many are spoyl'd by the injury of time , omitted thro negligence , or made away for privat ends. however we may yet pick out of both this truth , that tho the rise of parliaments , like the head of nilus , be unknown , yet they have bin of long standing and of great power . and we shall find it reasonable they shou'd be so , if we look back into the grounds and origin of goverment ; which we may suppose to have bin introduc'd by the general consent and agreement of as many families , as upon the encrease of mankind , joyned in one common society , divided the earth into particular proportions , and distinguished between meum and tuum ; to this they were induced by love , not fear , which is but the consequent of that , reason convincing that the enjoyments of life were thus best serv'd and promoted . and because that being and well-being , cou'd not be continued or enjoyed , but by the society of women , and the products of labor ; and that , if some wou'd be idle , and many covet the same woman , the great desine of nature , happiness , founded on living well , and in peace , might be perverted into the state of misery , war ; to prevent the two necessary consequences , poverty and death , they entred into mutual compacts , articles , or laws , agreeable to that great and fundamental law of nature , rivited into their beings , to do as they wou'd be done unto ; that is , they resolv'd , agreed , and promis'd one another , to be guided by the rules of reason ; or , which is one and the same , to continu men. but , because it was probable , som yielding too much to their passions , might swerve from this great rule , and so , wrong others as well as themselves ; therefore , that no man might be iudge and party , they unanimously confirmed to the elder person , the continuance of that right , which nature had given him over the fruit of his loynes during its minority , to determin what ever differences shou'd happen ; believing him , as the common father of the family , to be most impartial , and as the longer experienced , the wisest man. this power , tho great , exceeded not the limits of their then-enacted laws , in their tru and natural meaning , which they took care to make very few and plain , that all disputes and intricacies ( not only the disturbers , but destroyers , of iustice ) might be avoided . and finding they were not only lyable to danger at home , but from abroad ; from such other societies , as had already , or might afterwards set up for themselves ; and that it was not possible for all , to watch against these dangers , they therefore resolv'd to put that care into the hands of one man ; ( for which great undertaking , the coward , as the fool , if those two really differ , were equally unfit , inconsideration in the one , being what fear is in the other , ( a betraying of the succors which reason offers ) nature then , by giving their iudge most authority , wisdom , and conduct , which with tru courage ( the effect also in a great measure , of experience ) are the great qualifications of a general , desin'd him for that honor ; which the people readily confirm'd , promising obedience , and investing him with the power of making war and peace : but ( at his instance ) reserving to themselves , the liberty of examining and approving the reasons : which the great and wise captain judg'd convenient ; knowing , without the consent of all , he cou'd not but want the assistance of som , which might dis-able him to defend himself or them ; whereupon , the ruin of the whole must inevitably follow . and , because the prince his whole time must be employed in this great work ; part of which , was the preparing his son for the succession , by instilling into him the necessary seeds , the principles of vertu , religion , wisdom , courage , munificence , and iustice : the people willingly agree'd to entail upon him , and his successors , a certain excisum , or proportion of every man's labor , answerable to the occasions of the public ; and to the particular state and grandeur , necessary for the support and maintenance of his authority and reputation . but because a greater proportion was needful for extraordinary accidents , as of war , &c. they set apart annually another quota , to remain for such uses in a kind of public bank , so to be order'd , as might greatly increase their common treasure , and do good to the poorer sort of laborers and trades-men , and maintain in hospitals , such impotents or aged persons , as shoud be disabled , to make provisions for themselves . the revenu they made great enoff , as wel as certain , that the prince might not ly under any necessity of contriving from time to time , new artifices and wayes of raising money , that great rock of offence , on which they foresaw no prince could stumble without vexation , animosities , and hatred ; not only discomposing the happiness , but occasioning the overthrow of any state. and so the people , being sure of the remainder , they proportion'd their expence to their gettings ; the former they moderated , not only by prudent sumptuary laws , but by the hazard of their reputations , esteeming it infamous , not to lay up yearly somthing of their labors ; by which course , the public taxes became easie . which they made perpetual , that their children shoud be under a necessity of following their examples of thrist , and so might likewise be insensible of the burden ; fore-seeing that taxes impos'd upon people , who are so far from saving ought , that they account themselves good husbands , if they do but yearly make both ends meet , beget il blood , murmuring and discontent ; crying , that the bread is taken out of their mouths , or the cloths from their backs , which are often followed by the evil consequences of rebellions , and the subversion of the common - wealth . for such never consider , that their own extravance made those imaginary needs ; which , when they happen , are no otherwise to be removed , but by moderating former expences . thus , they wisely contriv'd , and interwove the perpetuating the subjects safety , and the princes dominion ; never secure , but when founded on mutual love and confidence : i do not find the practice of this policy any where so wel continued , as in the states of venice and holland ; which has preserved the first about centuries , and made the later increase so prodigiously in less than one . now , because they foresaw , the products of their labor wou'd exceed their expences , and that the remainder wou'd be useful , for commutations with their neighbor for som of their commodities , but that in driving this trade they wou'd be exposed on sea to pyracies , &c. to make their navigation safe , they agreed , that the public for securing them , shoud receive by way of praemium or insurance , a certain excisum out of all things exported or imported , which we now cal customes . and , lest the too great desire of wealth , shou'd make them forgetful of their duty to god , their parents , and their country , that is to one another , they ordain'd , that a sufficient number of the elders of the people , grave , sober , discreet persons , shou'd at certain times , set apart for that purpose , remind them of their duty , in every of those particulars , and also instruct their children in the laws of god , and of their country . and , because the tending of this work wou'd take up a considerable portion of their time , they allowed salaries to these public officers , out of the common stock . in those days of innocence , when art was not interwoven with religion , nor knavery with policy , it was an easy matter to be pious and just : and if the higher powers were pleas'd to remove these two , we shou'd soon again see that golden age ; the duty of both tables was comprised in few articles , that to their neighbors , consisted as now , in doing as you would be don unto ; that towards god , ( of whose being they were convinced by the strongest of demonstations , the consideration of the visible things of the world , ) in thanksgivings , and adorations , the effect of gratitude to the author of their being , and of all good things , in believing the immortality of the soul , and of its being susceptible of rewards , and punishments in another life , and in the consequence , that sin is to be repented of . these were their common sentiments , the dictates of nature ; the substance of which was acknowledg'd by al , even the most barbarous of nations ; and therefore cou'd not be the inventions of policy , the dreams of melancholy men , or the effects of education : these are the opinions of the unthinking , and therefore wild and loose , and were the wishes formerly of the few debauch'd ; but the great , sober and wise philosophers of all ages , upon the exactest scrutiny , finding them to be the impresses of nature , as essential to our being as light to the sun , pronounced the speculative atheist an impossible thing . and because they were sencible that a lyer as destrustive of the very being of human society , ought to be banished the commonwealth , the first of their laws , and the cement of the rest was , that every man shou'd not only speak truth to his neighbor , but stand firm to his promises . and knowing that laws , tho never so good , wou'd prove insignificant , if not duly observed ; and that som men wou'd never be wise , that is , wou'd never consider , and consequently wou'd not easily be restraind from folly , from offending ; to deter the slavish and inconsiderat , they did , not only annex certain penalties to the breach of the laws , but unalterably decreed , that no offender tho never so powerful , shou'd escape the punishment . these penalties were pecuniary mucts , loss of liberty , bodily labor to the public , or banishment ; the power of life and death , they wou'd not give ; because they cou'd not transfer that to another which was wanting in them selves ; the taking away of life was peculiarly reserv'd by nature , as its own indispensible right , as most reasonable , because she alone coud give it : they consider`d , that terrors are but affrightments to duty , that corrections are for amendment not destruction , which course shou'd they have pursu'd , they might accidentally have run themselves , into a state of war : since nature had told them , it was not only lawful , but necessary , if they coud not otherwise preserve their own , to take away the beings of any that attempted theirs ; that it wou'd be against the end of society , mutual happiness ; this rendering the sufferer uncapable of all , to which therefore he neither cou'd nor wou'd have consented . this or somthing not unlike it was i perswade my self , the form & substance of the first commonwealths , which if you narrowly look into , you may perhaps find som lines , that drawn out fully , might be no il model , for any common-wealth . and to come nearer home ; it has some resemblance to what , for several past ages , this kingdom did , and does now enjoy . to omit the brittish times , of which we have but very thin gleanings of the druids their oracles of learning , law and religion ; and to skip over that of the romans , who were never able perfectly to introduce their manner of commonwealth ; we shal find that in the time of the saxons ( a people of westfrizland , so called from the shape of their sword , a kind of cymeter , ) and in that of the danes , the manner of goverment was , as now in substance , the not in form or name , by king and parliament . but whether the commons were called to this great assemby or no , i cannot find , from the imperfect registers of elder times ; one may guess , they were originally members of it , because the same people in westfrizland , from whence they descended , do at this day continu , a form of government , different from all the rest of the provinces , not unlike this . there are sufficient proofs , that the peers , that is , the chief of the clergy , and best estated gentry , were as often as the king pleas'd ( for it was originally edicto principis ) summon'd to consult with him of the great affairs of state : which council was before the conquerors time , call'd by several names ; as concilium absolutely , sometimes the epithets of magnum , generale or commune were added : it was often known by the name of curca magna and others , and was compos'd ex episcopis , abbatibus , ducibus , satrapis & sapientibus regni ; among which , if any wil say the commons had place , i will not dispute , because in those times when titles of honor were not the arguments of good fortune or the mark 's of the prince's favor , the king cal'd to this great council , such as large possessions , courage , or wisdom recommended as fit : for we find that the fathers having sat there , gave no right to such sons , as did not with their estates , inherit their vertues . it appears farther , that the great council in the later end of the saxons reign , and til the beginning of king iohns , had , by the grace of kings , accustomed themselves , without any summons to meet thrice every year , at christmas , easter and whitsontide ; which course was not interrupted by any particular summons , but when in other seasons of the year , the public occasions required their meeting . the long continuance of the barons wars , made the before stated meetings , of the great council , return to the uncertain pleasure of the prince . what ever the power of the commons was before the conquest , it plainly appears , that for somtim afterward , their advice was seldom desired , and as things were then ordered , their consent was not thought necessary , being always included , in that of the lords : for the conqueror having subjected the natives to an intire vassalage , seiz'd upon all their possessions , reserved to the crown larg proportions , in every county , gave part to the church in francalmoine , and the residu to his fellow adventurers in the war , to be held by knight servic● . these subdivided part of theirs to their followers , on such conditions as render'd them perfect slaves to their masters , rather than their lords : by the possession of so much power , these barons or freeholders ( for theword signifi'd no more ) did what they pleas'd with their vassals , became very terrible to the conqueror and his successors : to curb whose extravagance , tho all were willing , king iohn was the first that made the attempt ; but by his over hastiness , he gave birth to the lasting broyles of the barons wars . he with desine to suppress the too great power of the lords in the sixth year of his reign , about a war with france , call'd for the commons advice and council with the lords ; which had bin don above one hundred years before by henry the first , who in his reign summon'd them twice , at his coronation , and in his eighteenth year . the next time after king iohn that we find them summoned , was in the forty ninth year of henry the thirds reign ; whose summons appears upon record : so that he may be said to have perfected , what henry the first , and king iohn desin'd , making the commons a part of that great iudicature , which they have ever since continu'd , and for some time after , in one and the same house . it was usual in those days to mention in the writ , the cause of assembling this council ; in a summons of edward the first a wise , just , and therefore a fortunate prince , concerning a war with france , in the seventh year of his reign , these words are observable , lex justissima providâ circumspectione stabilita , ut quod omnes tangit ab omnibus approbetur , much better sense than ` latin. succeding kings have bin pleased to consult in i arliament , of all the high and great concerns of the state , of what nature or kind soever . the consulting thus with the wholebody of the people , was first the grace & pollicy of kings , & the practise was always succesful to those that us'd it , as the contrary prov'd destructive : for the kings having by this course gaind their subjects hearts , found it easy , to command their purses , and their hands . this great representative of the commonwealth , the parliament , consisting of three estates , viz. the lords , spiritual and temporal , and commons with the king at head , you wil with me easily conclude , may do any thing , within the reach of human power . you must pardon me , if i wave anatomizing the distinct powers of the several parts of this great body ; whosoever first attempted that , desin'd the overthrow , of the best constituted goverment in the world , where the king wants no ensines of monarchy or majesty ; where the people have not only al the freedom , liberty and power , that in reason can be wished , but more than any of their neighbors enjoy , even than those , in the so much more cry'd up , but little understood commonwealth of holland , where they have liberty in name , but in reality are very slaves , and beasts of burden . now , whether the way of convening parliaments , might not be alter'd into the this following ( or , som other more equal than the present seems to be ) i leave to themselves to determin , viz. that every parish , freeholders and others , if they please , shoud meet and choose two honest knowing men , on whom their power of electing members shoud be devolved ; this don in every parish , the several two's to meet and choose two for the hundred ; that agreed , the respective two's of every hundred , at the time and place appointed to choose the members , out of such , as are resident in the country , both knights and burgesses : nor does it seem very reasonable , that the later shoud exceed the former , especially considering that many of the antient burrow's are decay'd , and yet the number rays'd by the additions of new ones , beyond what it was before : but by this manner of election that inconvenience , if any , will not be considerable . to every two members a sides-man to be chosen , who shoud duly attend , at the place of sessions ; and that he might be prepar'd in the absence of both , or either of the members , they shoud make him master of al that pass'd from time to time in the house . and that every person elected , might serve the public without privat consideration , the electors , or a iustice of peace in their presence , to administer an oath fram'd to this effect , that in al proceedings , they endeavor to inform themselves , fully of the state of the matter , and therein act according to conscience , without particular interest or desine ; that directly , or indirectly , on the account of their vote or serving , they shal not receive by themselves , or others , any reward , or gratuity whatsoever . on breach of this oath to be lyable to al the penalties of perjury . it is not to be doubted , but the honor of promoting their countries good ( that giving a sort of immortality which al men covet ) wil invite gentlemen enow sufficiently qualified , to undertake this work on these conditions , how hard soever they appear . 't is not reasonable , that parliament men shoud be maintained , or rewarded ( unless in praise and statues ) at the countries charge : to do it gratis is al the real good they do the commonwealth , in which as privat men , their interest , and consequently their gain is greater , than that , of the meaner sort . the elections to be by the ballotting box , to avoid heat , and secret grudges . nor woud it be useless to ad , that al things be carried , fairly and openly in the house ; that the debate of any thing proposed , be adjourned to the next days meeting ; for in the time of rest upon our bed , our nights sleep does change our knowledge , and qualify the effect or cause of passion , inconsideration : that every member by himself , or sides-man , be constantly present , under severe penalties to the public : that nothing be put to the vote , but in a ful house , not of forty ( who cannot be the major part of above four hundred , and therefore at first was sure a trick ) but of al the members ; nor then carried by majority , til the reasons of every single dissenter be examined , the dissenting person convinc'd , and in case of obstinacy after conviction ( of which in so wise an assembly , none can be suppos'd guilty ) expell'd the house ; the question not to be reassum'd , til after the election of a new member , unless his sides-man be of a contrary opinion in the debate . 't is possible the swaying argument , was at first , but one man 's , whose credit and authority might prevail upon the rest , without examining his reasons , which makes it prudent , to weigh the force of what is offered against it : by the contrary course , they may , by this they cannot suffer ; since reason or truth is always one and the same , and however disguis'd , by the sophistry of wit , it must at last overcom . thus by proving al things , and holding fast that which is best , they wil acquit themselves to the present and succeeding ages . such manner of proceeding woud silence al murmurings and clamors , that the parliament is divided into factions ; a court and a country party ; tho the interest of the one , be not directly opposit , to that of the other , yet the members , for ends of their own , honor or rewards , do make them so ; of this they are convinc'd , by seeing som turn cat in pan , appearing strongly , in one session , for that which in a former , they as vigorously oppos'd . and by observing others to compass elections by faction and interest , by purchase or covinous freeholds : that , contrary to several acts of parliament , members living in the south are chosen for the north ; and therefore are , to the injury of the people , as much strangers to the affairs of the places , for which they serve , as those two points , are distant from each other : that they pass laws , witness that against irish cattel , &c. not for the common good , but to shew their interest and power , to mischief a man they hate , or to revenge som receiv'd , or supposed injuries or affronts : that therefore , it is necessary to dissolve this , as not being a free parliament , and to cal a new one ; that to do so frequently , is most agreeable to reason , and to former statutes ; and to that end several causes are prepared to put a difference between the two houses , in point of iurisdiction , &c. but such as more seriously weigh things , may i hope be convinc'd , these are the groundless surmises of som , and false suggestions of others , discontented and il dispos'd persons , the old disturbers of our israel's peace , who delighting , to fish in troubled waters , endeavour once more , to put al into a flame of tyranny and confusion , to see what fish they may , by that treacherous light , bring to their own nets . that it is idle to imagin , the court , the best refiner of wit and languag , shoud not have as piercing a fore-sight , as the country ; that being allow'd , they must be sensible of the fatal consequence of a divided hous or kingdom ; their loss is at least as great as any others , their al is at stake : 't is therefore contrary to their interest , which never lies , consequently to their practice , to endeavor parties . 't is irrational , no less than scandalous , to conclud , because som mens sense , by second thoughts , and fuller consideration of things , is alter'd , that therefore they are brib'd ; as if personages , of so much honor , wisdom , and public spiritedness , coud be induc'd , by any sinister practices , or by-respects , to betray their country , and intail upon themselves , and their posterities , more lastingly , than they can their estates , great and inexpressible calamities . and can it be supposed , the ministers have so little understanding , as not to foresee , that the taking off violent members , any other way , than by conviction of their errors , were endlesly to encrease their numbers , and hydra-like , by cutting off one head , to give occasion , to the sprouting up of many . nor is it less absur'd , to beleive , the parliament , when they find the conveniences , the reason of statutes ceased , wil not repeal them : 't is no affront to their iudgments , nor to their-loyalties , so to alter with the times ; an obstinacy in the contrary resolution , woud indeed be a disparagement , to their understandings . that it is to be hop'd , the wisdom of the parliament is such , as not to quarrel for trifles , after the manner of women or children ; that they wil lay aside al partial regards , and without heats , or personal reflections , intend the great work , the common safety ; recollecting that they were the home - bred divisions , more than the conqueror's forces , that occasion'd harold's overthrow , and england's intire subjection to the french ; even those very men , who invited william , suffer'd in the ruin ; so just and natural it is , to love the treason , and hate the traytor . does not every man know , that the power of whol france is greater , than that of a part , that of normandy , could be ? that william can't be suppos'd , to have been more watchful , to seize the prey , than lewis is ? who perhaps has set those very men , at least their leaders on work , that openly pretend most , to oppose his desines ; while , in the mean time , by sowing underhand , discords and fears , among the people , they best promote his purposes . 't is no unheard-of practice , for politicians , as well as water-men , to look one way , and row another : but i hope , no cunning achithophel will be able to divert the parliament , from the great business of this conjuncture . when they have don that ; i wish they woud think it worth their labor , to look into the laws , and observe what of them , are fit to be repeal'd and what continued . the happiness of a state , consists in a regular form of goverment , by just and equal laws , few and plain , fitted to the most ordinary capacities : these qualifications , are as necessary to the well-being of the people , as that of promulgation was ever accounted to the essence of a law. but such is the fate of england , that the laws are almost numberless , which makes them unpossible to be remembred ; and what is worse , are so very intricat , that they may more reasonably be looked upon , as the devices of cunning men , to entrap the simple , than as the rule , by which al are to square their actions and their lives : and what is yet worse , they were never promulgated , tho provided for , by those statutes , that enact the reading of som of them in cathedrals at least once a year , and of others four times . is it fit or just , men shoud be punished by laws they neither know , nor can remember ? there is no one intire body of laws ; that of the statutes is so tedious ( and som yet remain in the parliament rolls not printed ) that it can hardly be read over in a months time ; tho an hundred times reading , wil not enable a man , to remember them , and yet he may suffer , for not observing what he has not , or if he had , coud not remember : but what is the greatest evil , if they coud remember , they coud not understand ; since the very iudges , who have not only been bred at the feet , but are themselves the gamaliels of the law , and much more , are wont to spend whol terms in the reconciling and expounding of particular statutes . and it often happens , that after these long advisements , they being divided , in their opinions , the parties concern'd , wearied in those toyles , endeavor after all their cost and labor , to quit their right , or impatiently expect the making of new , and more intelligible laws . these great disorders have bin occasion'd by several conspiring accidents , length and warping of time , crooked interests of some lawyers , and the continual wars , forreine or domestick , with which this country has bin harassed , i might say , since the invasion of the romans , &c. but to com nearer our own times , since the conquest , since the first making of these acts , england has not enjoyed , one half century , an intire peace : to which unhappiness , i know not whether , the vexation of the law , or bigottre of religion , have contributed most . i do not doubt but in other ages , they were as sensible of the evil , as we are in this , but the same accidents continuing , rendered it remediless . edward the confessor regulated the saxon laws , but his care prov'd of little advantage after the coming in of the conqueror ; who desining to set up a new form more agreeable to the customs of normandy , or his own will , made himself deaf to the peoples desires , of being govern'd by the rules of that holy prince , who was deservedly sainted , no less for his zeal , and love of iustice , in matters of law , than for his strictness of life , in those of religion . from the conquerors time downwards , there have bin attempts of this kind , almost in every kings reign ; but the wars , and divisions ( and consequently dissolutions ) that often happend between the kings & their parliaments , somtimes lords , somtimes commons , about the liberty of the subject , or , prerogative of the crown , ( not without good reason concluded to have bin set on foot by the crafty lawyers , by this time grown considerable ) prevented bringing to pass , the intended reformation of the law. i wil not insist upon al the kings reigns , where this was desin'd , nor go farther back than henry the eight's time , when ingenious sir thomas more , was by him set on work , to fram a model : but the succeeding accidents frustrated that attempt : the troubles and revolutions that continued , during the reigns of edward the sixth , queen mary and queen elizabeth , hindred this work , which at wise burleigh's advise was resolved on , by the later queen . the learned king iames , determined to finish it ; and the knowing sir francis bacon was pitched upon , to fram a schem of new laws , or model the old ; but the discontents about religion , with the greater artifice of the lawyers , then more numerous , diverted that glorious enterprize . some living were actors , others spectators , of the troubles that have since happen'd , which gave way not to a reformation , but confusion of the laws ; and yet the long - parliament ( or rather conventicle ) knowing their great , and good master purpos'd it , resolv'd upon a new method of laws . but the idol themselves , had set up , as a just reward of their treason , prevented this , by turning them out of doors , with their beloved magna charta , calling it in contempt magna f — . too many in other countries , no less than this , have wholly lost their freedom , by endeavoring to enlarge it , beyond law and reason ; as it has also somtimes befallen ambitious princes , who , striving to augment their power , and dominions , beyond the boundaries of iustice , have , instead of new acquists , forfeited their antient and lawful possessions . the gardiners ass in the apologue desining to mend himself by changing masters , found at a dear-bought experience , none so kind as the first ; the observation of the evil of those days has given us reason , to believe , that wisdom best , which is learnt at the cost of others , and to remember the wise mans advice , meddle not with those who are given to change . this i speak as to the fundamental of the government , which can never be alter'd by the wit of man , but for the worse : but the superstructures of hay and stubble are grown so cumbersom and rotten , that they are fit for nothing but the fire . though i am far from giving credit , to any prediction , or prophecy , but those of holy writ , yet i can't but remember you , of that old latin one , rex albus , &c. on which you know , our wishes taught us , to fix a pleasing interpretation . this hint wil bring to your mind , what perhaps has not been there almost these thirty years , that both for his innocence , and the accidental snow , that fel on his herse , the late king charles was that white king , who for some time , was to be the last in england : that afterwards his son , shoud from beyond the seas , return to the possession of his crown , and that in his dayes , religion and laws shoud be reform'd , and setl'd , upon the eternal foundations of truth and iustice. the fulfilling of this prophesie now , wil seem as miraculous an effect of providence , as that of our soverain's restauration , and wil as much eternize the wisdom of the parliament , as the other their loyalty . what remains of this undon , we might hope to see finisht , as old as we are , if they woud be pleas'd to espouse it heartily , and defend themselves against the noyse , wranglings , and opposition of the lawyers and clergy , who are no more to be consulted in this case , than merchants concerning exchange , &c. because , as the wise syracides observ'd , their interest woud byass them : there is ( saith he ) that counselleth for himself ; beware therefore of a counsellor ; and know before what need he hath , for he wil counsel for himself . there was law before lawyers ; there was a time when the common customs of the land were sufficient to secure meum and tuum ; what has made it since so difficult ? nothing but the comments of lawyers , confounding the text , and writhing the laws like a nose of wax , to what figure best serves their purpose . thus the great cook , bribed perhaps by interest , or ambition , pronounced that in the interpretation of laws , the iudges are to be believed before the parliament : but others , and with better reason , affirm , that 't is one of the great ends of the parliaments assembling , to determin such causes , as ordinary courts of iustice coud not decide . the laws of england , are divided into common and s●●ate law ; the common are antient customes , which by the unanimous and continued usage of this kingdom , have worn themselves into law ; statutes are the positive laws of the land , founded on particular accidents and conveniences not provided for by the common law ; civil and canon law , are of no force , but as they are incorporated , into the body of one or other of these laws , if either may be call'd a body which has neither head nor foot ; for they lye scatter'd in som few books , bracton , littleton , glanvil , fleta , cook , plouden , dier , crook , &c. their commentaries or reports ; or rather in the arbitrary opinion of the iudges , or som celebrated lawyers ; for nothing is in this trade certain or regular ; what one gives under his hand for law , another gives the direct contrary ; iudgments and decrees reverst , as if that coud be just one day , that is unjust another : and why in england must law and equity be two things ? since reason & conscience in all other parts of the world are one and the same ; and why cannot laws be so plainly worded , as that men of common sence , may without an interpreter , discover the meaning ? if they be not so order'd , speedy and exact justice wil at best be retarded . but you 'l tel me there woud be no need to complain , if men woud follow christ's advice , if any man wil sue thee at the law , and take away thy coat , let him have thy cloak also ; the reason was so plain , that it was needless to express it , viz. least the lawyer , shoud com between , and strip you naked , even of your shirt . this you see is prudence as wel as religion , as indeed al christs precepts are in the very affairs of this world. whatsoever was true of the iewish lawyers , the present practise of some of ours , renders them obnoxious , to the censures of the sober , & the curses of the passionate ; most men agreeing , that to go to law , is like a lottery , or playing at dice , where if the game be obstinatly pursu'd , the box-keeper is commonly the greatest winner . but since som men wil be fools or knaves , why shoud not the few honest be as much secured as possible ? when the parliament have setled the laws , i wish they woud think of som more fitting restraint of offences , than what the penal statutes direct almost for every crime , the loss of life . if we examin the severity of this practice , we shall find it contrary to the law of nature , the positive law of god , thou shalt not kil , and ineffective of the intent of laws , amendment . self preservation is the chief design of nature ; to better which , and not to destroy it , was the ground and end of goverment and laws ; which makes it contrary to reason , that any means shoud be made or declared such , which were destructive of the end , for which they were made . if then the loss of life , as it most certainly do's , puts an end , to al earthly happiness , 't is evident , that it never was , nor ever coud be , judg'd an instrument productive of that end ; perhaps it may be said , that this may be true , of every single man , as such ; and yet may be false , when consider'd , with respect to the whole , as a member of the society : i answer , it can't be true , in the later , if false in the former ; because we must believe , that at first , every man consider'd what was absolutely best for himself , without any respect to another , on whom , he cannot be suppos'd otherwise to look , then as he was , or might be subservient , to his own particular and immediate happiness . and since the whole is made up but of several individuals , it must be granted , that every of them had the same considerations : and since it was not in the power of any , to transfer that right to another , which nature had deny'd to himself , we may then safely conclude , it is against the law of nature i. e. against reason , to believe , that the power , of life or death ' by consent of al , without which there was no law , coud at first be vested in any supreme power ; and that the useing of it , does naturally put us into a state of war , the evil because directly destructive of happiness , design'd to be avoided . this is a truth imply'd in the law of england , not only by binding the criminals to restrain their warring , but also by the punishment inflicted on felo's de se , which supposes no man to have power over his own life , as certainly he must have had if he coud have given it to another . nor wil the difficulty be remov'd whether we derive goverment either of the other two ways , paternal right , or the immediat gift of god ; for parents had no such power by nature , in the state whereof we are al equal . we are little more oblig'd to them for our being , than to the influence of the sun , both as to us are involuntary causes ; that which binds children to an indispensable duty of gratitude , is the parents care in providing for their wel-being , when they are unable to shift for themselves , and their giving them virtuous education , ( that which is of al , the truest obligation , ) than which nothing is among us more neglected ; which has made som at the gallows , not without cause , take up the advice of iobs wife against god , first curse their parents , and then dye ; children may indeed be ungrateful , which is the worst , or the al of crimes , but parents cannot revenge this by death without being unjust ; because there ought to be a proportion between the crime , and the punishment , and a warrantable authority in him that inflicts it , which in this case are al wanting ; for ingratitude , theft , rapin , and what ever else is practis'd by the wicked , are in themselves repairable , and the sufferer may in an equal measure be compensated for his loss , for bona fortunae or the goods of fortune are exterior to us , and consequently accidental , and when we are despoil'd of them by any , we have ful satisfaction by a restitution in specie , or in value ; this cours is the measure and square of al civil contracts ; for if i detain wrongfuly the mony you lent me , i am compellable but to repay you . why then shoud it be capital , to take your horse without consent , when either restitution , or a punishment more commensurate to the offence may be had ? as for the authority of the punisher which must be warrantable , it is plain the father has no such over the children who in the state of nature are equal with him ; for since he gave not the being , he cannot legally take it away , and for the act destroy the agent ; punishment being design'd , not only for the terror of others , but for the amendment of the offender : to destroy then the last , that such as are guiltless may continue so , is to my apprehension , a piece of the highest injustice . besides , no prince claims a right over the subjects life , what ever he does to his crown , otherwise than by the positive laws of the land , which suppose the man himself to have given that power by his consent , which is already prov'd impossible ; therefore we may conclude , the inflicting of death is against the positive law of god , who has reserv'd this to himself , as a peculier prerogative , and altho he has allow'd the rulers of the earth to share in his titles , yet least they shoud intrench on his honor ( of which he is very jealous ) by exceeding the bounds of reason , he immediatly subjoyns , but ye shal dy like men , to put them in mind that they were to act as such . it cannot then be suppos'd , that human constitution can make that just which the almighty declares unlawful . he that does so , sets himself up above al that is called god , destroys moral good and evil , makes vertue and vice but only names , which if allow'd , we may bid farwel to the people and princes security ; for this , roots up the very foundations of peace on earth , as wel as joy in heaven . nor will it serve to say , this was practised in the iewish common-wealth ; that was god's own peculiar province ; and he that was sole author of life , might dispose on 't at his pleasure ; and tho every part of that oeconomy be not accountable , yet 't is not without good grounds suppos'd , because the iews happiness or misery seems to have consisted in the enjoyment or want of temporal blessings , that the taking away life here , was in lieu of that punishment , which sinners under the gospel , are to receive in another life : and unless human laws might as immediatly be call'd his , and that every magistrat were a moses , i coud not believe it lawful for them to follow that example ; especially considering , that they do not write after this copy , in the punishment of al crimes : i will not make comparison in many , yet i can't but take notice , that idolaters , and inciters to it , were there punisht with death , while among us atheism and irreligion do not only go free , but the professors of those admirable good qualities , pass for wits and virtuoso's : drunkenness , and gluttony , are esteem'd as marks of good breeding ; computing the abilities of our brains , by the number of bottles our stomacs can hold : this vice , among the iews , was accounted so ridiculously silly , that they coud not believe , it was possible for men grown to the ordinary years of understanding to be guilty of it ; and therfore we find no punishment allotted , but for children , viz. that if drunken or gluttonous children did not by the parent 's admonition and correction learn more wit , that then their parents were oblig'd to bring them forth , and testify their folly , and with the congregation stone them to death . but this abominable childish crime , the mother of al imaginable wickedness , has among us no punishment , or what is the same , if not worse , none inflicted . as to the third part of the assertion , viz. that the loss of life is ineffencive of the intent of the law , amendment ; this will appear tru , by observing , that men , whose loose education has made it their interest , to wish there were no other life , by often wishing , and never considering , come at last to be fools ; and with them , to say in their hearts , there is no god : we have no way to live , thanks to our good parents , or our country , but to rob , or steal ; as for the next life , if there be any such thing , let that look to it self ; let us provide for this ; a short one , and a merry ; who knows , but we may escape seven years ? and that 's the age of a man : if we are taken , and can't get a pardon , 't is but a few minutes pain , and there 's an end : thus these foolish wretches discourse themselves to the gallows ; on which , did you but know , the vast numbers hang'd , for som years last past , you woud quicly believe , that sort of punishment rather makes more , than frightens any , from being thieves , robbers , or other criminals . in the eastern monarchies , the greatest emperors , the turk himself tho always in war , fancy some kind of art or trade ; and by this do not only divert themselves , but by their examples more powerful than any precept , oblige the people to so necessary a practice . the ladies , even the greatest , of al other countries , have callings too , and spend not their whole dayes , in making and receiving visits , or in preparations for them , exquisit dressings . if by such a course , or any other , people were induc'd not to live in idleness , none woud be under a necessity of starving , or breaking the laws , as many now are . and if afterwards , any were stil found guilty , a punishment likely to prevent others , and do a farther good to the public , woud be to take away the names of al criminals , that they may be no more had in remembrance ; put them into a common livery , a fools-coat , red and yellow ; keep their heads continually shav'd , their fore-heads stigmatiz'd with marks distinguishing their crimes , and their estates forfeited to increase the princes revenu ; condemn them to public work - houses , mines , or galleys : the labor and toyl , the hard fare , and the disgrace , woud deter more than death ; and , as som believe , be more agreeable to the dictates of nature , to the law of god , and to the profit of the common-wealth . in cases of murther , the public loses too much by the slain ; it wil not fetch him back , to send another after him : why then , shoud they think themselves satisfy'd for one loss , to have it doubled upon them by another ? but supposing ( which i never can allow ) that reason requires life for life , can it think it equal , to set the life of a man but at a shilling ? is a horse , or a cow , a sheep or a deer , or a less thing , a cock or a hen , an equal price for a man's life ? and yet for perjury , he suffers but a pecuniary mulct , or loss of ears . why shoud not he that swears falsly at least have his tongue cut out ? in the iewish law , the perjurer was to suffer the same kind of evil , that he brought upon his neighbor ; and at this day among the persians and indians , a lyer is not only depriv'd of honor , but of al further speech : had it bin thus enacted among christians , the false tongue , and the lying lips , woud not have destroy'd so many mens lives and fortunes . but if we wil not , after the iewish , and roman manner , bring in reparation or the lex talionis , which with them was practis'd in other cases besides that of felony ; let us at least , make some further provision for the security of mans life , let it be put out of the power of one witness , observing that great law that said , at the mouth of two witnesses or three , shal he that is worthy of death , be put to death , but at the mouth of one witness , he shal not be put to death . what i seem to say paradoxically on this subject , i woud have you understand , as i intend it , of the first societies of mankind ; and you may likewise further observe , that tho custom and the positive laws have made punishment by death , the practise of al nations , yet with humble submission to my superiours , i perswade my self , it was introduc'd by absolute power among the heathens , and since continued among christians , because they did not fully consider , that a better way might be found for correcting and avoiding crimes . having now provided against death , upon the account of any crime , it may wel enuff consist with the kings mercy and goodness ( which invite him to be tender of the lives of his subjects ) to determin positively , never to grant a pardon or remittal of the punishment to any criminal , tho never so great a person . in edward the thirds time it was enacted that no pardon shoud be granted out of parliament ; i wish it might graciously please his majesty with his parliament , to enact further , that no pardon shoud at any time be granted ; then which i am sure nothing woud more contribute to the perfect observance of the laws . tho our laws cannot , yet an intire execution of them in their utmost severity , may be as unalterable , as those of the meads and persians ; which cours woud prevent the many il effects the hope of pardon does now daily occasion , tho there never were fewer granted , yet so long as there is any ground of hope , the debauchee is incouraged to go on in his folly , and none being particularly excluded , he reckons himself not incapable of that grace . but now admitting , that the laws were never so good , if they be not duly and equally administred by the several courts of iudicature , the evils do stil remain . to prevent which great inconvenience , such has been the happy contrivance of england's constitutions , that the same power that gives the law , cannot only pronounce it ( in spite of cok's assertion to the contray ) but has also determined , that it shoud be a part of its own power , to cal al inferior courts , and officers , iustices of the peace , and others , to a strict examination , how they have squared their actions and proceedings , to the rule they have given them ; from which , when they are found to deviat , it woud be for the advantage of al , that the parliament woud exert its antient power . in regulating the many abuses crept into inferior courts : into which if there was ever need of looking , there is now at this day , when the complaints are loud ; by which , tho perhaps mole-hills may be made mountains , yet al this smoak cannot be without som fire . this i have bin told for certain , that their iudgments are founded as much upon rules or interpretations of statutes of their own pleasure , introduc'd by the intrest of lawyers , and officers , as upon the strict letter of the lawes , in which your education , tho not your practice , and your long observation , has made it superfluous for me , to particularise the many irregularities in the administration of iustice , which woud fil a larg volum . but to begin with the courts , i think it were convenient that each of the four at westminster shoud be reduced to their antient practice , and not suffered to encroah upon one another , to the subjects great vexation , who often quits his cause rather than follow it thro al the mazes of the several courts , where at last after som years tossing by writs of error , &c. from post to pillar , if his mony does but hold out , to make the lawyers that sport , he may sit down by his loss , or have recours to the arbitriment of two honest neighbors , which at first had bin the speediest , and cheapest way of justice . in antient days , the kings bench intermedled only , with the pleas of the crown ; but now an ac etiam , ushered in by a feignd assertion of force and arms , and by supposing the defendant to be in custodia marescalli , or the plaintiffe privileg'd som other way in that court , robbs the common bench , whose jurisdiction even by magna charta is of al common pleas between party and party . the common bench , by practice of atturneys not to be behind hand , has likwise of late days introduced an ac etiam , and several debts or promises are suppos'd , with intent to bind the subject to special bail , wheras i am confident , it cannot either by common or statute law be evinced , that antiently special bail or a capias , before summons was in any action required ; and that therfore it is a meer invention to get mony , and to vex and impoverish the subject . the exchequer was only to hold plea , of such actions , where the plaintiff was really indebted to the king , ( and perhaps too , not able otherwise to pay it ) or where the parties were by their priviledg to plead or to be impleaded in that court. but now , by falsly suggesting , they are indebted to the king , and not able to pay him but out of the thing in demand , they are suffered to su in that court , alleadging a quo minus , &c. in their declaration : but before such irregularities were introduced , it was not so much law , as honesty , prudence , and skil in arithmetick , that were the necessary qualifications of the barons : in which court , a chancery was erected , to moderate the rigor of the fines and amerciaments estreated into that court , and to extend to the kings debtors , those favors which the barons coud not shew . the causes then remaining for the high court of chancery , were the penalties and forfeitures between man and man , which at common law were du , and al other causes , that for want of evidence were no where els tryable . but such have bin the mighty contrivance of the practisers in that court , that they have found out a way for the trial of al causes there , where notwithstanding a mans pretence in his bil , that he wants witnesses ( tho that be but a tric to intitle the court to the action ) after he has obliged the defendant to swear against himself , contrary to the common law , that of nature nemo tenetur prodere seipsum , which seems to be the possitive intent of magna charta , he takes out a commission to examin witnesses . in the civil law the complainant , if required , is obliged , as wel as the defendant , to swear the truth of the bill ; and sure , that is as fitting to be don , in the king 's great court of equity and conscience , as in the ordinary courts of iustice in other nations . nor woud it be amiss , that al witnesses shoud in that court , as wel as others , give their testimony , viva voce , and that there shoud be som unalterable rules both for the officers of the court , and the clients ; since conscience , and right reason , are alwayes the same and unalterable ; which woud prevent the reversing of decrees , ( a tacit confession they were unjust ) and other inconveniences , too many to be recounted ; only one is so notorious , i cannot pass it by , the assuming a power of impeaching iudgements at common-law , which the statute declares to be premunire . another practice as inconvenient as any , is , the iudges giving too great an authority to a former iudges report or opinion : it were to be wish'd , that in the rest of the courts , the present practice of the wise lord chancellor finch were observed ; who considering that a report is founded upon such reasons , as are not with the report convey'd to us , that only stating in brief the matter of fact ; and that the case is alterable by any one accident , rightly infers , that no report , but the reason of the present case squared to the rules of the law , ought to guide his iudgment . to this may be added , that in every court there shoud be a setled number of clerks , attorneys , & lawyers as wel as iudges : that these how just soever , shoud not continu above three years in any one court. whatever the sherifs power was formerly , sure i am , that exercised by the iudges exceeds what now they are possest of ; and yet the wisdom , of former ages , thought not fit , to intrust the former two years together . that they shoud be oblig'd to give an account in public of al their proceedings , at the expiration of the said time . that they be under a pecuniary mulct , besides an oath , to administer justice impartially , in imitation of god , who to mind them of their great duty , graces them with his own title , saying , ye are al. gods , and therfore must do as i do , ye shal not regard in judgment the power of the mighty , nor the distress of the poor . that the iudges , lawyers , atturneys and clarks , shoud have out of the public revenu , sufficient establisht salaries ; to take no fees , or gratuity whatsoever directly or indirectly ; it not seeming reasonable that the people shoud pay any thing for iustice , but as that charge may be included in the public taxes ; that no offices whatsoever be sold , and nothing but merit to intitle any man ; for if offices be purchased by the interest of friends , or mony , it is unreasonable , to expect , that iustice too , may not be bought and sold ; and for this reason , it is as fit to make laws , against this practice in others , as against simony in the clergy . no man to have two offices , or to act by deputy , but on extraordinary occasions . that al causes be determin'd , at farthest in six months ; and that such , as thro difficulty , or other accidents , can't be determin'd within that time , the parliament at next sessions shoud decide them . to oblige the iudges to proceed exactly according to the strict rules of the law made by parliaments : for notwithstanding what the lord coke says , 't is their duty , only legem dicere , not legem dare ; and therfore , where ever any thing comes to be disputed , of the meaning of the statutes , or that any cause happens , for which there is not exact and sufficient provision made , they are to have recourse to the parliament , whose power is not only legem dare , but dicere : for it appears , that in antient times , when iustice was more speedy , and statutes fewer , or rather none at al , the great business of the parliament , was to give sentence in al difficult causes , and to correct the miscarriages , or sinister practise of al inferior courts and officers , and therfore was commonly known by the name of curia magna . before the conquerors time , there was no such thing , as courts at westminster-hal ; the manner then , of distributing iustice , was both speedy and cheap : the county being divided into several portions , there was in every manner a court , where al the causes , arriving within that precinct , were determined by the thane and his assistants ; but if too hard , they were removed by appeal to the higher court of the hundred , where al the chief and wise men within that territory with the hundreder or aldermannus gave iudgment ; and if any cause proved too difficult for this court , then they appeal'd to the county court , where al the several thanes and hundreders with the chief of the county call'd comes , and somtimes vicecomes , judged it : but such causes as were too intricat for them , were remov'd to the great court or parliament , then known by several other names : which jurisdiction was exercized , some ages after the conquest ; whence sir edward coke may be wel suspected a greater lawyer than an antiquary ; or els the liberty they took , was the occasion of his exalting the iudges power , in expounding statutes , above that of the parliament . having now made it plain that the parliament has this power , and always had , it were to be wished , they woud make use of it , in strictly regulating the disorders of al inferior courts , as wel ecclesiastical as civil : which perhaps can never be better don , than after the manner of the famous venetian commonwealth , by erecting a new magistracy , or court of inspection , public censors , men of great candor and integrity , whose power shoud extend , to the cognizance of al manner of actions in courts great and smal ; of the demeanor of al officers of the state of what degree or quality soever , who taking care thus of the execution of the laws , shoud be oblig'd from time to time , to give a ful and impartial information to the parliament , in whose power alone it shoud be , upon conviction of the criminal , to suspend , degrade , or otherwise punish , according to the provisions they themselves make in such cases . that it may be lawful for all persons to address themselves immediately to these censors , whose information shall by them be fully examined , and neither their informers , nor themselves , lyable to any actions or sutes , upon account of their proceedings ; to be accountable , to the grand and supreme court of iudicature : that their number be such , as may serve to go circuits round the kingdom . these , as the other iudges to be altered , every years . and because nothing does more conduce , to the good of man-kind , next to wholsom laws , and the practice of piety , than the knowledge of things past : not any thing being truer , then that what is , has bin , and there 's nothing new under the sun ; a perfect relation of which begets a great understanding and deep iudgment ; the sence whereof made a wise king say , none were so faithful counsellors , as the dead : that therefore the parliament woud appoint two of the most learned of those censors ( acquainted with al the most secret affairs of state ; which if not as counsellors , yet as hearers , under the same obligation of secrecy , as secretaries or clarks of the counsel , they may understand ) to write especially the matters of fact of al affairs and occurrences . the annals not to be made public , til the writers , and al concern'd , were gon off the stage . the fear of offending , and the advantage of flattery , being remov'd , future ages woud in the truth of history find that great rule of iudgment and prudence , the world has hitherto been deprived of : there being ( a man may safely say ) no tru profane history in the world , save that of the wise chineses , who have observ'd this practice , for several thousands of years ; keeping the records , as an arcanum for their princes , who by these means , have gain'd a steddy judgment , in their own state-affairs ; which is the reason given , for the long and prosperous continuance of that great monarchy . when the laws , and execution of them , are thus established , every man will be sufficiently secur'd in the enjoyment of his liberty and property ; which , tho commonly taken for two , are in reality one and the same thing . i understand by the first , that power , man has reserv'd to himself when he enter'd into society ; that is , a liberty of doing any thing , except what the law forbids ; or of living conformably to the laws ; not of speaking contemptuously , of the rulers of the people , nor of doing what he please , tho the law restrain it . by property , i conceive meant , the right of enjoying peaceably privat possessions as bounded by law : liberty then respects the person , and property the estate . these two , i perceive , you have joyn'd with religion , as the three great abstracts of human concerns ; for , i presume , you consider religion as it is part of that policy , by which the state is govern'd , and as such i shal chiefly take notice of it ; leaving it , as it refers to the soul , and a future life , to divines , whose proper office it is . taking it then for granted , that every wise man will study that which neerest concerns him ; and , that the interest of the soul , and eternal life , do's far exceed the valu of this our transitory being ; that all human laws , are therefore binding , because agreeable to nature or reason , that is , to the signatures of the divine will : that true religion was the law of god , and its end , the happiness of man in this life , as well as in that which is to come : that it was divided into two parts , duty to god , and to one another ; which later to the thinking man resolves into love of himself , who must find , that his happiness consisting in the enjoyment of himself , cannot be without the mutual offices and endearments of love ; which obliges him , in spite of all his passions , when he fully considers things , to do to all men , as he would be don unto : this then being human happiness , and the end and foundation of the laws of god and man , it was wisdom to annex this great motive of obedience , religion , or the consideration of future rewards and punishments , to invite us the more powerfully , to the obedience of laws ; without which , even in this life , we coud not be happy , they being subbordinat to one another ; that as our duty in one , makes us happy here , so that of the other superadds a farther blessing , and makes us happy hereafter ; which later in the connexion of things , thus ordered by providence , was not attainable without the other : and which indeed do's declare religion not to be a part of policy , but tru policy to be a part of it ; or , in plainer words , that human laws are so much better , that is , so much more binding , as they com nearer to the laws of religion ; contrary to which nothing in any human institution , can be obligatory ; that is , no society of men can make that just , which the law of religion , or reason , has made unjust : if then the interest of state , and religion , be so intermixt , it is no wonder , that men shoud be very sollicitous not to be mistaken , in that which comprehends both , the human , and the divine , or among us , the christian law : and because it is as natural for men , to have different understandings , consequently different opinions ( which are the necessary effects of the former , or of education , and both equally out of our power ) as 't is to have different complexions : it is impossible , that all men should exactly agree , in the meaning of any difficult matter . if then the meaning of the law be not to be had , 't is not our fault if we do not obey it , which we must do , or be miserable . now , because many evil consequences , if not prevented , woud issu from hence , we must consider farther , that al wise law - givers impose nothing beyond the power of the person under the law ; for , law being the rule of actions , if i do not or cannot know it , 't is no rule to me . therefore , to understand this great affair aright , let us examin , whether these following positions , and their consequences , be not natural truths . that god did really purpose the happiness of al mankind : that therefore , the way , or means , by which that was to be attained , was to be plain and easy , no matter of doubt or dispute : that this way , is no where delivered unerringly , but in the scriptures , which al christians allow , to be the word of god : that al the disputes , are pretended to be proved by scripture , that is , by consequences from thence : and since al the parts of that holy writing must agree with one another , 't is plain , that the consequences are not natural , because contradictory , of which , both parts can't be tru ; and therefore , the matter in dispute concerns us not : that , since al our duty is compriz'd in scripture , the rule for the ignorant , as wel as the learned , comments do amuse , and confound , rather than expound the text : that disputes , begetting heat and passion , are not only impertinent to our duty , but uncharitable and destructive of christianity : that only the fundamentals can be tru , or necessary , because in them alone al agree . that christ has told us , the sum of al is , to love one another , a pleasing and a natural command : that he is the way , the truth , and the life : that whosoever believeth in him , shall never perish : that happiness is not attainable here , nor hereafter , but by following his example , and believing his doctrine , viz. what is positively affirm'd in scripture , without examining , how or why ; if those had bin necessary , he woud not have left them to the uncertain disputes of after ages . that al ceremonies are in themselves indifferent , but when commanded , are necessary in their use and practice ; but alterable , at the pleasure of the imposers : that no man can be a christian , that hates his brother , i. e. he obeys not christ's command , gives not up himself to the new commandment , that of loving one another : that no man can avoid differences in opinion ; and since they are not the effects of our choyce , they are not sinful ; therefore , he that condems another , for not being of his opinion , after he has endeavour'd , without prejudice or interest , to examin and hold fast that which is best , considers not what he says , or if he do , he is proud and foolish , because he says , by an implicit consequence , none is wise but himself : that faith is the gift of god , but considered in man , 't is a necessary act ; for when a man is convinc'd , that is , has no doubts of the credibility of the proposition , its conformity to reason , nor of the person that he can neither deceive , as having no interest , nor be deceiv'd , as wanting no knowledg , 't is impossible for him , not to give up his assent , whether morality or christianity be ( which is much doubted ) really different , they can never be asunder ; for the man that is not honest , is not , nor cannot be if he continues so , a christian ; that what is tru in philosophy , can't be false in divinity ; and both affirm , he that does al he can do , is not to be blam'd , he has don his duty . that different opinions not being avoidable , are in themselves , as harmless and tolerable in a society , as men can be ; because , til the man be convinced , his sense of things can't possibly be alter'd , after conviction , he that continues in an error , i. e. that perseveres , in spreading such opinions , as are destructive of good life , and of public peace , is a lyer or a mad man ; the first , if he do not repent , ought to be expell'd the commonwealth ; the other , if he will not grow sober , must be sent to bedlam . from al which , it plainly follows , that our opinions are not free , that no man has liberty of opinion , and that he who desires liberty of speaking what he pleases , is unreasonable , if he intends to say any thing , that shal disturb the peace , and quiet of his country ; if he may be restrain'd from that , his errors can mischief no other than himself : if the case then be thus , how comes it to pass , that men fal out , and wrangle about nothing ? seek knots in bulrushes , make difficulties where god and nature never made any , puzzle themselves and others ? let them fool on that have nothing else to do , and follow the heathens advice , 't is better to do nothing than be idle . this i confess woud not be very tragical , if they woud be content to be idle themselves , and not make work , and sad work too , for others : but , alas , they rob their master of his power ; and dogmatically pronounce , we must believe more than christ tels us is required , or else we cannot be sav'd in the next life , nor happy in this ; and many of us are such silly fools , that we believe them ; and acting accordingly , too great a number , i fear , make their assertions good , as those ignorant people do , who giving credit to astrologers , by squaring their actings to the predictions , and therefore somtimes finding these things com to pass , are not only deluded themselves , but incourage others to be so by such nonsensical impostors . but since al men have not understanding , you 'l ask , how the evil shal be cur'd ? the remedies are only two : first , a right education ; and next , a removal of al interest : for , since the foundations of religion are eternal truths , were men rightly instructed , of which al are capable , because al desin'd for happiness , and men got nothing by lying ; we shoud have as much truth , and as little disputing in matters of christianity , as in the mathematical sciences : or , at least , if men defin'd nothing really but the tru ends of it , eternal happiness , it might be lawful for every man , even in the way which another cals heresie , to worship the god of his fathers ; for , tho one thinks his a clearer or a shorter way , than that of another , so long as he stil goes on ; that is , treads in the paths of a sober and virtuous life ; tho he may be more dabbl'd , or longer on the road , what 's that to him ? he that finds fault , may miss his own way , by looking towards his brother ; his particular duty requires al his care : besides , every man stands or fals to his own master . but you wil say , 't is charity to teach my brother , and not to suffer sin upon him : 't is very tru ; but first , 't is not prov'd , that difference in opinion is a sin , but the contrary ; next , charity is not express'd in thunder and lightning , sending him head-long to the devil , because he wil not be presently , whether he can or no , of your opinion ; which , perhaps , is not truer than his own , tho your greater confidence assert it : but charity is express'd by meekness , gentleness , and love ; by instruction and pity , not by hatred and revilings ; nay , not by death , the too often consequence of differences in opinions : from which considerations , 't is plain , that 't is not reason nor charity , that divides us ; but interest and policy . how far it wil consist with the safety of the public , to suffer such dangerous causes of fatal effects , as are brought in by these clashes of religionists , not religion , i leave to the wisdom of the parliament : only , to satisfy that part of your question , i wil give you som short account , how these tares have so sprung up , as to choak almost wholly , al the good seed sown ; afterwards , you may judg if they may not now the harvest is com , be cut down gather'd a-part , and thrown into the fire . and surely if these quarrels were only design'd for the good of the soul , ( which yet if they were the promoters , must be men of wrong understanding or notions , forgetting that faith is the gift of god ) they would not hate and dam one another for different , tho false opinions : nothing can have that effect , but the committal of sins ; of which holy scripture pronounces death , the wages , or necessary consequence : but these we see past over silently , few excommunicated for whoredom , adulteries , atheism , and profaness ; many other crimes are openly committed without punishment , which ( perhaps ) was the end of instituting ecclesiastical courts . the great desine of christianity , was in a higher and more refin'd way the same with that which hierocles tels us of philosophy , the perfection of human life : therfore , the primitive christians knowing the end of their doctrin was to make men good , to fil their hearts with purity of intention productive of good works , not to make them wife ( if stuffing their heads with empty and idle notions may be call'd so ) avoided al such with great care , pressing only upon men the reformation of their lives , by the plainess of their practise and their agreeableness to reason ; being wel assur'd , the contrary precepts coud bring forth nothing , but endless ianglings , and frivolous disputes , which woud ( at last ) not only loosen , but destroy religion , by taking away charity , the bond and cement of that and al perfections . but when the piety of succeeding ages had endowed the church with temporalities , and with rich possessions , the church-men altered their doctrin , with their way of living ; for now , ( kicking like the calfs of iesseron grown fat ) the former practised severity was turn'd into wantonness ; the plainess of the precepts , into intricat niceties ; this , they judged necessary ; for , if according to the promise , the gospel was to be so plain , i. e. so agreeable to nature , and reason , that a man might running see to read , i. e. a man that made never so little use of his reason , that did but keep his eyes open against the false alurements of sense , coud not but perceive the lines of his duty written in very larg and plain characters : perceiving every man thus enabled to teach his brother , and that miracles were ceas'd , they found themselves under a necessity to make godliness a mystery , that it might becom gain to 'um in an il sense , and that they might secure to themselves that veneration and respect , which otherwise were now like to fail . religion , by this means degenerating from its innocence and simplicity , into a trade of policy and subtilty , an art to live by , tent-makers and fisher-men became too dul and ignorant ; the preaching of christ crucified was fit only for the witty , and the learned : no wonder then , that being now so much taken up in refining the cobweb inventions of their heads , they wanted leisure to look to their feet , to order their steps aright , and therfore went astray , not only from the precepts of the gospel , but the imitation of the life of the holy iesus , which was the greater duty of the two ; as the end , for which his doctrin , the means was given . and to make themselves the more admired , they mix'd that with the vain philosophy of the greeks , especially platonism , with an addition of many absur'd heathenish , and obsolete iewish rites and ceremonies . when the bishops became princes , the number of candidats increascing faster than preferments coud fal , the ambitious were induc'd to court them by indirect ways , the pretence of an extraordinary knowledg or piety , to gain the interest , and the favor of great men , and by those steps to mount the spiritual throne of carnal pride . thus when arius faild of a bishopric , enraged that a less learned man shoud deprive him of the miter , he resolv'd upon a malicious revenge ; and to make himself more famous , then the crosier coud , under pretence of discovering the falsities crept into religion , he alleagd one of the great mysteries to have more of platoes fancy , than of christs truth in it ; this mother-heresie by him introduc'd brought forth many others , and ( which was the greater evil ) has been the parent of uncharitable disputes , the certain occasions of much confusion in life and doctrin , of assassinations and massacres , of wars and desolations . the christians now , contrary to christs positive command , cal no man on earth master , i. e. if an angel from heaven , ( much less , a man ) shoud preach any other doctrin to you , than what i ( your only lord and master ) who am now ascending thither injoyn you to obey , viz. to love one another , hearken not to him , for , he is a murderer and a lyar , a cheat and an impostor . neglecting this , and having the persons of men in honor , they readily imbraced their opinions ; and changing the name of christians , took up that of the fathers of their sects , as of arians , &c. these divisions and factions , and the consequent bloody wars woud perswade us , that christ came not indeed , to send peace on earth , but a sword ; for , these ring-leaders imposed upon the credulous multitude , that al those superinduced new fangles , diabolical inventions , unreasonable whimsies , and childish fopperies were the great pillars and truths of religion ; and therefore , to be contended for unto death ; while in the mean time , they themselves were conscious , that they disputed not for truth , but victory , for the sensual gratifications of ambition and vain glory , of pride and interest : and , if you wil but give your self leisure to look into the controversies of former heretics , or into those of later date , between the reformed , and the church of rome , &c. you wil find them al on one and the same bottom . the church of rome has good reason , as to this world , not to yield to any truth in the point of transsubstantiation ; of which , certainly , 't is enuff to believe simply christ's own words , this is my body , because no more is warranted , and therefore not necessary , and that indeed none of the expositions are free from unanswerable objections , tho none appear so opposit to sense , and absur'd , as that of the romanists and lutherans : for if this power , of working miracles be taken from the priest , it may be thought he has nothing left to make him iure divino ; which if allowed , he is quick enuff to foresee that other princes may follow the example of henry the eight . those mistaken , on wilful apprehensions have involved the several kingdoms of europe , in blood and confusion , intestine commotions , and wars ; and wil imbroil them yet further , if the causes be not remov'd : this has long been the wishes of some , and the endeavors of others ; but by the success seeing the disease is not cur'd , but that its venom does daily spred more and more , we may safely conclude , tha● disputing is as incompetent a way to resettle the truth of religion , as the sword is to propagate it . every man naturally hates to be accounted a fool , or a lyar ; and therefore , when worsted by the force of arguments , ( which may be to him unanswerable , tho not convincing ) , he fals into heat and passion , which the other returning with equal warmth , at length both lose the question , and fal from words to blows , from disputing to fighting ; and not satisfy'd pedanticly ( for most commonly the contention is only about words ) to lash one another , they further make parties and factions . these hurried on with the fury of a perverse zeal , the effect of ignorance , espouse the quarrel , and pursu the folly , and the malice to the fatal destruction of thousands , of millions ; as if there was no getting to the heavenly - canaan , the new - ierusalem , but by wading , or rather by swimming thro the red-sea of christian blood ; while , in the meantime , the first disputants stand looking on , or like sneaking cowards steal away from the rencounter as soon as they have ingag'd others more genrous , but withal more foolish than themselves . this england has to its cost experimented , and , 't is to be fear'd , if not timely prevented , wil agen . others , finding the way of dispute insufficient , believed that the allowance of a toleration to the several contending sects woud do the work ; and that in truth , the denyal of it so far as it might consist with the peace of the common-wealth , seem'd to be a kind of persecution not unequal to that of the heathen emperors in the beginning of christianity : this opinion being by the ring - leaders infused into the peoples minds , who being apt to pitty al in distress , from pitty are induced to liking , and from liking to love , they at length espouse the party , and with so much the more violence , by how much the more it is oppos'd ; nothing being more natural , than to resist force , and covet earnestly those things we are forbid . the consideration of this , and his own observation , that the more the christians were put to death , the more they increased , made the wise pliny write to the emperor trajan to forbear persecution ; telling him , that sheading christians blood , was sowing the seed of the church ; every man's death giving to the multitude a sufficient proof of the truth of his profession , and gaining more proselites than preaching coud . by the emperor's following this good advice the christians gain'd their liberty , and he an accession to his army ; and the great increase of converts was thereby much restrained . the sense of this great prudence joyn'd with his majesties great natural clemency , has with good reason prevail'd upon his ministers rarely to execute the severity of the sanguinary and penal laws upon dissenters ; and i am wel assur'd , that did they not believe by those statutes remaining stil in force , that they are under persecution or the dread of it ; instead of increasing much within these few years , they woud certainly have decreased : i am therefore perswaded , that toleration with convenient restrictions woud lessen the evil , and remove most of its inconveniencies ; tho al can never be taken away without another sort of education . and if the parliament that give it , find it hereafter inconvenient , they may alter or annul it , how they please . in this toleration al opinions are to be provided against that are destructive of good life , together with the consequences rather than occasions , atheism and irreligion . as the venetians once excluded , so must we for ever prohibit the iesuits and other regulars : the number of secular priests , and non-conforming ministers or teachers are to be limited ; they with their flocks registred , and to be incapable of any office in the commonwealth , and the teacher to be maintain'd by themselves ; the richest of the congregations to be security for their preachers , that they shal preach no sedition , nor have privat conventicles . that , besides the state may send two to hear al taught ; that the use of al controversial catechismes , and polemical discourses as wel out as in the pulpit under strict penalties be forbid : such things , no less in their natures , than their names signifying and begetting distractions , rebellions , and wars . tho it be as impossible by laws or penalties to alter mens opinions , from what either their temper , or their education has occasion'd , as it is to change their complections ; yet if men pursu'd nothing but godliness and honesty , they woud find their differences in opinion , are no more hurtful than restrainable : and to make them less so , all names of hatred and division are to be taken away , and the parable of christs seamless coat to be really fulfil'd again . that al , whatever their single opinions be , be call'd by no other name than that of christians , for indeed as such they al agree , that is , in the fundamentals of religion ; ( as for the disputed things they are already shewn not certain , therfore not necessary , consequently ( to us ) impertinent which of the assertions be true , ) and only differ by the considerations of pride , or interest , as they are trinitarians or antitrinitarians , arians , socinians , papists or protestants , remonstrants or antiremonstrants , iansenists or molinists , franciscans or dominicans , lutherans or calvinists , presbyterians or independants , &c. but for my own part i am of opinion , that we shal never arrive at the tru state of christianity either by disputing without toleration , or by toleration with disputing i. e. we shal not come to live righteously , soberly , and godly in this present world : for , disputing destroys al , and toleration alone wil not take away those wrong notions , with which the present age is prepossess'd ; tho some of the prejudices may be lessen'd by softness and gentleness , by love and perswasions ; this iconfess wil not do in al , because al have not understanding , and such as want it must inevitably run into error ; for , whatever the philsophers dispute whether the wil and the understanding be distinct faculties , or distinct operations of the same soul , it plainly appears in al our actions , that we wil or nil things according to our understandings , which as wel or il inform'd make us do things good or evil ; so that , til our notions are rectifi'd , we are to be pityed and instructed , not hated or condemned . when by an excellent education and a good example we are taught not only to know , but to practise our duty , it wil then be almost morally impossible for us to offend ; wheras , on the contrary while both are now neglected , 't is a wonder we are not worse : pursuant to this , salomon gives a wise direction , train up a child in the way thou woud'st have him to go , and when he is old , he wil not depart from it . the great business , then , not only to asswage the pain , ( which in the present circumstances cannot be don without toleration ) but wholly to remove the distemper , is to introduce such a fixt method of education , as may imprint on our minds , tru and early notions of virtu and religion . the parliament have lately begun to look into the practice of piety , and to prevent or lessen prophanation and debaucheries have enacted , that hackney-coaches ( it had bin more equal if al had bin under the penalty , ) shal after the iewish manner of sabbath , rest from labor : i wish , they woud now be pleased , to take care the people keep the christian-sabbath as they ought ; not so much in a rest from bodily labor , as from sin , the greater toyl of the soul ; to which , they are oblig'd by every days duty ; the use of the seventh , above the rest , seeming to be set apart for returning thanks for blessings , and for exhortations effective of holiness and a good life : the duty of that day is not fulfil●d , by hearing a quaint-man preach himself , not christ ; policy , not morality ; confute the pope , the calvinist , or the arminian , the presbyterian or the episcopal — such discourses engender nothing but strife , and tend not to edification ; they are the vain traditions of men , in which we shoud quicly find , did we but seriously consider , that there was nothing of that faith , without which we cannot please , nor of that holyness , without which no man shal see god : and , since the parliament by that last mention'd act , have begun to tythe mint and commin ; t is to be hoped , they wil go on , and not leave the weightier things of the law undon ; that their wisdoms and their zeal wil be more imploy'd about the power , than the form of godliness , which may for ever be establisht by the following method , or such other as they shal think more agreeable , viz. to make new divisions of parishes , which may with more convenience to the people be don , than as at present they stand , by limiting every parish to the compass of about three miles square , and building a church in the central - place , to hold about a thousand ; and to apportion the parishes in cities at least to the like number of people : this wil reduce the parishes from about ten to a little more than four thousand . to erect schools in every parish , where al the children shal be instructed , in reading , writing , and the first elements of arithmetic and geometry without charge to the parents : whence to the greater schools , to be erected in the dioceses , counties , or hundreds , after the manner of westminster , eaton , or winchester , so many of the ripest and best capacitated as shal suffice for the supply of al callings that make learning a trade ( as divinity , physic , and law ) may be yearly elected , to be train'd up in the further necessary parts of learning , and from thence yearly sent to the universities ; from the universities upon al vacancies , schoolmasters and ministers to be chosen ; the first , not under five and twenty years ; the later , not under thirty ( the age allow'd among the iews for doctors or teachers , and at which our savior began to preach ) ; and both , to be masters of art , before the one be licensed , or the other ordain'd by the bishop ; and none to be ordain'd , before they are secur'd of being noble mens chaplains , or elected to parishes . that the bishoprics be also divided according to convenience and the number of parishes ; that the ministers and school-masters be celibats , not under a vow ( as in the church of rome ) but on condition of quitting their benefices upon marriage , and returning to a lay-life ; for , that of the priests being jure divino being disputed , is therefore ( to say no more ) to our salvation not necessary to be believed ; for , unless they demonstrat the contrary by scripture , the sufficient rule of faith , or by miracles , men wil be apt to believe the story of an indelible character , to be a relic of popery , invented to aggrandize the honor and power of the church , turn'd into a court of rome ; but be it what it wil , 't is plain they can't be greater than st paul , who did not only for convenience of the church , avoid leading about a wife , or a sister , but wrought at his trade after he had received the holy-ghost ; of which it were to be wisht al divines shew'd themselves possest , by a life conformable to that of the holy iesus . but without doubt there wil be enuff found to undertake this calling , on these terms , tho seemingly difficult . by this course , there is a provision made for the incontinency of such of the priests as find themselves flesh and blood ; which if don in the church of rome , woud free it from great scandal . that a book of homilies be compil'd ; for varietie four for every sunday , and two for each festival or holy day . that nothing be inserted , but dehortations from vice and exhortations to virtu , neither controversies nor state affairs so much as oblicly glanc'd upon . that a catechism adapted to the meanest capacity be composed , shewing the duty of christians according to the express words of the text of scripture , without straining or misapplying any one , ( as is don in two many of those now extant ) , and without touching upon any one disputed point . that , al the books of controversial divinity , as wel those in privat hands , as in booksellers , be bought up by the state , and plac'd in the kings-library , or burnt . that , al the commentaries on the bible be reviewed by sober , moderate and learned men ; and as many of them as contain more than what directly tends to the illustration of the text , by recounting the language , customs and ceremonies of the times and places it was writ in , follow the fate of the others . and because it is reasonable to believe , there is no such intire work extant , in imitation of the septuagint translation , there may be seventy appointed for this to be in latin , and for the homilies and catechism in english : which being don , let al the present expositions be sent to the library , or the fire . that the same persons or others be ordered to pick out of the scripture al such passages as tend to the encouragement of a holy life , and to put them into one piece in english for common use . i have heard som sober men wish , that english bibles were not so common , that the ignorant and unwary might not wrest the hard texts to their own destruction , nor to that of the public peace : but you know , i have often told you , i look'd upon the variety of translations out of the original into the vulgar languages , as the best comment . these things being don , to take the printing of books into the state ; it is as necessary as the mint ; false coynage of books has don england more mischief , than ever that of mony did , or wil do ; the licensing of printing , or importing from beyond-sea , wil not otherwise prevent great evil to church and state. that there be but a convenient number of book - sellers permitted ; those to be under obligation , to vend no other books , then such as are printed in this allow'd printing-house , where forrein books with advantage to the public may be reprinted . the hindering forrein coyn from being current , is not so useful and advantageous , as the care in this wil prove , to the kingdom . when things are thus far settled , the bishops ( who are not to be chosen under forty ) are to see , that al ministers , school-masters and church-wardens , do their respective duties ; going about , and visiting parish by parish , as was the antient practice , confirming , after examination , and exhorting al to continu obedient to the laws of god and man ; reprehending and suspending such as they find faulty without favor or affection , the ministers and school-masters , from office and benifice ; the people from the sacraments ( which is every where monthly at least to be administred ) til after repentance express'd in the reformation of their lives . as for the iurisdiction of ecclesiastical courts , because it is a kind of imperium in imperio , and that thro the greatness of the bishops other charge , they cannot officiat in this , to take away and prevent abuses it is to be laid aside ; and other , or the same punishments for the crimes there usually tryable , inflicted in the ordinary courts , upon the bishops , or the minister and church-wardens certificate of the matter of fact ; in whom alone the power of examination shoud reside : and , because the office of bishops , ministers , and school-masters wil be of great labor , none shoud continu in them beyond sixty , nor so long unless they are found fitting : after that age , al of 'um to have a handsom decent retreat in colleges purposely built ; where the superannuated of each province , the emeriti in the christian warfare , may spend the remnant of their days without care , in quiet and devotion . to assist and ease the bishop , there shou'd be , as formerly , rural deans over every ten or twenty parishes . part of the ministers business shou'd be to instruct the boys every saturday in the schools , in al the duties of religion ; to catechize and read the prayers and homilies on sundays in public ; the rest of the week , between the times of prayer to be celebrated twice a-day , to go from house to house , exhorting and dehorting , as occasion requires , visiting the sick , and examining the needs of the poor , reconciling differences between the neighbors , and taking care , that in every family the children , such as are found fit , by the electors appointed , not by the parents blind fondness , be constantly sent to school . after the continued practice of this course , christianity wil again flourish ; the years of the minister wil make him sober and grave , fit to give counsel , which from young men is now despis'd . there wil then be no need of spending time in writing controversies , or studying sermons , which as now preach'd are rarely understandable or useful to the people ; of whom it may be said , the one is always teaching to no purpose , and the other ever learning , and never coming to the knowledg of the truth . the school-masters are not only to be learned , but sober and discreet men ; to be oblig'd never to whip , or beat the boys ; whose faults are to be punished by exercises , by standing mute or kneeling for certain spaces , or by fasting from their victuals , &c. those that are good , to be incouraged by priority of places , by commendatory verses made by the higher forms , &c. the boyes that need beating , are as unfit to be taught , as the man is to teach who uses that tyrannical way , which too much debases the meek-spirited , and makes the sullen more stubborn and il-natur'd . that whatever any persons bestow on the masters be converted to publick charitable uses . the method of teaching to be drawn up by som of the members , ( who , 't is presum'd , wil mix things with words ) and approv'd by the whole royal society ; that confirm'd and al others prohibited by law. that in the universities , none be suffer'd to continu beyond the age of forty-five , nor above two in any one house or colledg after thirty-five . that a new method be likewise fram'd by the same persons for al the liberal arts and sciences ; and that new academies be built for training up young noblemen and gentlemen in those exercises , which to the shame and loss of england are now learnt in france . that handsom and sufficient salaries be fixt , and paid out of the public revenu , according to every mans quality : bishops equal to one another , deans to deans , ministers and school-masters to each other : and these to be chosen gradually , as the pure consideration of merit shall invite the electors . and to inable the public as wel in paying these salaries , as in building of schools , churches , colledges and hospitals , the whole revenues of the church , free-schools , universities , and hospitals shoud at the highest valu be annex'd to the crown , or sould to others that wil give more ; the overplus sav'd by this new model , and the mony they woud yield beyond any other land of england , in regard the annual rent is not a fourth of the real valu , and yet may be ordered equally advantageous to the tenants , as the fines now make them , woud complete this work. thus converting the patrimony of the church woud be no sacriledg , the pious use is carryed on to the good of al ; and perhaps as first desin'd by the donors , when provision for wives and children , not in being , coud not be thought of ; the care of whom distract many from their duty , and dis-able them from keeping in decent repair the antient monuments of piety built by our ancestors . but all these things to be don , without the least prejudice to the present incumbents . when education is thus setled , the duty and interest of church-men , and their care of wives and children removed , plurality of livings , and simony prevented , as wel that of friendship , of the smock , marrying of cousens neeces , crooked sisters , or ladie 's women , as that of the purse ; al which in themselves are equally criminous , none but good men wil undertake the charge : and then the objections wil vanish which loose education has infused into the wild and foolish , viz. that religion is a cheat , a tric of state ; that the parson follows christ for the loaves ; speaks as does the lawyer in his trade , not that there 's any truth in 't , but because he has bosin lingua , &c. to do this , is neither so strange , nor so difficult , as was the greater alteration made by henry the eighth ; who had not in story bin so infamous tho he had seized on the whole temporalities of the church , had he but thus disposed of som part . and by the way you may take notice , that the house of commons in this point had been cromwels in the sixth and eleventh years of henry the fourth , who upon their advice had seized the churches patrimony , had they not by friends and mony prevented the blow ; and that de facto , several bishoprics and livings were injoy'd by som of his predecessors , which appears not onely from history , but from printed acts of parliament . that it wil be no hard matter , from graunts observations , and the bils of mortality , to make a computation of the numbers necessary to be sent yearly to the universities , for divinity , law , and physic : the last of which ought so to be regulated , as not to suffer any to kil ( rather than cure , ) which is daily don in london , and other parts of the kingdom , to the prejudice and scandal of that honorable and somtimes useful profession , to the loss of the peoples mony and lives , to the maintaining of many idle , and ignorant mountebancs , and impostors , who to the greater advantage of the common-wealth , might be employed , in more safe and beneficial trades or ways of living . this course wil also prevent such evil consequences in church and state , as formerly attended the superfaetations of the clergy , and the breeding up of servitors and poor scholars ( as they wel cal them ) in the universities ; who being generally of mean birth , and no less mean parts , and the attendance upon their masters not suffering them so wel to attend their studies ; and their subsistance by service failing them after they had staied at the university , no longer than to incapacitat and unfit them for any other way of living , and yet not to qualify them for turning preachers , however , having chopt a little logic and disputed of ens rationis , and so fancying they coud build castles in the aire , they assume the confidence to conclude , they cannot miss of habitations on the earth , and so from the lowest of the people , getting to be put into the priests office for a peece of bread , they becom a great cause of , as wel as they are in effect , the contempt of the clergy . and those for want of knowledg , lay their foundations in erroneous doctrines , in which nevertheless they coud not succeed , but by pretending an extraordinary mesure of saint-ship or holiness , railing at the sins and abuses of the times , which themselves have occasion'd . thus they creep into houses , and first lead silly women , and then their husbands captive , as adam by eves perswasion eating the forbidden fruit til he surfited and died , so these ignorant zelots not content in king iames his time and the beginning of king charles the first , to rob the kingdom of many families , til at last , they made themselves the boutefeus of the late horrid rebellion ; which tho it may be said , to have been principally occasion'd , by such as these , yet not without som episcopal mens having a finger in the pie : for , to say truth , i know not whether the too great stifness in the one , for their old , or in the other , against those formes , was most blameable . but this i know that by the collision of both parties , as of flints , a fire was kindled not unlike that in the tayles of samsons foxes , which proved as destructive of the expectations of profit each had of their own crop , as the other did to the philistines corn ; yet had the evil of that , not extended to any others , but those of the pulpit , we might now have talk'd on 't without much regret . what ever such violent disputes , have formerly been able to do , 't is my duty to wish , and yours to endeavor , that england be no more the stage of such tragedies . refraine not counsel when it may do good , and be not backward in advising that toleration is the first step , and education the next that perfectly leads the way to peace and happiness . this cours being taken , we shal have no cause to dispair , but that religion wil again resume its naked truth , that the doctrines of men wil be judged better or worse , as they more or less incline to holiness of living ; and thus being reduced to a calmness within our selves , we need not fear the designes of forrainers . of whom none , but france , can be supposed to have any upon england ; and if that be granted , why may it not be prevented , by observing stil the same rules of policy , which this crown formerly practised ; that was , so holding the ballance between the then two contending powers of spain and france , that neither shoud be able to obtain their aims , the universal monarchy of the west ? but now the case is alter'd , in that spain being much weakned by the accession of the west-indies , and grasping more than it coud wel hold in other countries , has quitted the field , and left france without a rival : so that the present interest of england seems to be the same with that of al europe , viz. to oppose by al possible means the growing greatness of france ; and reduce that crown to such a condition , as may not leave it in his power to hurt his neighbors . by what they have already compassed , one may guess they wil ere long bring about , if not timely stopt , their long design'd ambitious purposes : in the prosecution of which , they were in the late times of usurpation , the under-hand instrument of the war with holland , as they were of the two following , in sixty-five and seventy-one , blowing up the feuds on both sides , pretending to take part with each , but not really purposing it with either . having the same desine of weakning both parties , as the brittains formerly had , in throwing a bone of contention between the picts and scots , that they might in the end be the better able to overcom both ; in the mean time the french king gain'd an opportunity of building ships of war , and training up seamen , of which he was before destitute ; so that had not these quarrels , and our late civil wars given him a pretence of increasing his maritin power , we might stil , even by threats of burning the ships upon the stocks , or in the harbors , as did queen elizabeth , have kept that people under , and our selves from fear : but since by unavoidable accidents , the dice are so thrown , as that the fore is lost , let 's use the best of our art and skill , to retreive an after-game . there is no need to attempt the proof of what is as evident as the sun at noon-day , that the french king has a power great enuff , considering the present circumstances of europe , to make him hope , and al others dread his effecting that old define , which has bin the end of al actions of that crown for many years past ; which before he coud put in execution , his great obstacle and rival the spaniard was to be removed out of the way ; in order to which he judg'd necessary to fortify himself with some allyes , and engage others newters ; but foreseeing it was the interest of england and holland to oppose the one and assist the other , and therfore despairing to prevail upon either , he contriv'd to make both fall out ; not long after he took the advantage of unexpectedly invading the spanish netherlands , even while his agent then in spain was perswading that crown of his masters good intentions to continue in intire peace and amity with them . the consequence of which we wisely foreseeing , occasion'd our setting on foot the tripple league in the year . by which a stop was put to his further progress . and now perceiving himself disapointed , he makes various attempts in the years and , to invite england to break that alliance ; but finding his fineness vain , he oblicly endeavors it , by renewing the old , and inventing new grounds of quarrels , by such agents and pensioners in the state of holland , as his wealth had purchas'd ; which at last made them commit such insolence , against the honor of this crown , and the interest of the people in point of trade , as brought upon 'um the last fatal war , into which he no sooner drew the hollanders , than he rush'd into the very heart of their country . this sudden event made them confess their error , and our king the sooner to conclude a peace . the parliament was then and since very desirous his majesty shoud ingage with the dutch and spaniards against france ; and without doubt he knew it woud be his interest so to do ; but not at that time ; for tho the undoubted prerogative of the kings of england intitle them to make war and peace , he did not wave the former , because the parliament urged it , as the malicious suggest , but because he saw it not convenient . 't is tru the kings of england have bin pleas'd , to advise in such matters with their parliaments ; but that was an act of grace , and condescension , and ought not now ( if at al ) to be insisted on , so as to deny the king that liberty , which as a man he cannot want , that of examining and approving or disapproving what his great council shoud advise : for no man in his wits wil dream , the lords and commons have a power of imposing what they please upon the king , when without his assent , they have neither power nor right to make any act. the king considered , that peace is the happiness of a kingdom ; that war being a real evil , is never to be undertaken , but to avoid a greater ; that his treasures were exhausted by the war just finisht ; that his people had not recover'd their losses , by the plague , fire , and wars , and therfore were unable to bear the burden of heavy taxes , which of necessity must have bin imposed , to carry on a new one ; for which great preparations ought to be made , both of men , mony and shipping ; the former were no less wanting , than the last much impaired and diminish't . he consider'd , that the french king had not only bin amassing great treasure for many , but had also bin three years training up an army in al the disciplines of war , that it was necessary , before one king entred into a war , to compare his own and the others strength , whether with ten he were able to meet him with twenty thousand : that he ought to make alliances , and to have cautionary towns , before we declared our selves enemies ; that so great a desine was not to be made public , before things were ripe , least the dutch and french might clap up a peace , and that potent king turn against us the fury of his arms , for whom certainly in those circumstances , we shoud have bin a very unequal match . i am perswaded , that these , with other much wiser considerations not obvious to every man , convinced the king a war was on no score at that time seasonable : and to this opinion i am mov'd , by my sense , that the king coud not but reflect , that when the french king had subjected al the rest of europe , he woud not fail to ad england to his conquests , in which our kings losse must needs be greater than his subjects ; for it is unreasonable to think , that tru policy woud let the french king suffer any of the royal family , especially the king of england and france ( at whose title and arms-bearing he is not a little offended ) to outlive the loss of the crown ; since he coud not but believe , they woud be perpetually endeavouring , the regaining their own right : for tho subjection be unequal to al , 't is not so intolerable to any , as to those us'd to govern : and therfore t is an idle and and senseless inconsiderat fancy , to imagin the king and duke coud forget their own interest , or be frenchifi'd upon any promise or bargain , as is maliciously insinuated , that they might be more absolute , which can't possibly be in their thoughts or wishes . who know that , between kings or states , covenants are binding no longer than convenient ; that the french king has ever shewn , that his interest only or his wil is the rule of convenience . that he that makes war for his glory , has more ambition to put his chains upon princes , than on the people : his thoughts are as large as any of the roman emperors , and they esteemd it a greater glory to lead one king in triumph , than many thousands subjects of several kingdoms . and it is not to be suppos'd that the natural strength and situation of england , can be a sufficient defence against the power of france , when to that he has already , is added that of all the rest of europe , unless you can dream they may have a fleet greater than all , and may at once resist , by those walls , the invasion of others , and defend their merchant-men at sea ; which if not don , without an invasion , by spoiling the trade , england will be destroy'd , or which is altogether as bad , be render'd very poor and inconsiderable . and that this has bin his majestyes sense , may be guess'd by the progress he has made since the war , mediating a peace as best became a good king , and giveing his subjects an opportunity of enriching themselves , and inabling them to bear the necessary taxes , by ingrossing most of the trade of europe , and at length finding his endeavours ineffective , he prepar'd himself to resist the french desines by force , by providing a fleet , and knowing that he that fights with another must have skil at the same weapons , he suffer'd such of his subjects as were willing ( but on capitulations to return when he pleased ) to serve either the confederates or the french , not only to be fitted to lead others , but also to understand the new arts of fighting , which are greatly alter'd from what they were in former times . the king having thus prepared things , i hear he is so far from being backward to declare war with france , that he wil gladly do it , if his parliament wil but find out a sufficient means for carrying it on effectually : which i apprehend must not be ordinary , for that the war , if undertaken , is like to be of long continuance , and you wil guess that 't is no longer to be delay'd , if you wil but bring before your eyes , the danger we and all europe are expos'd to , by comparing the present power of france with what it was in the days of francis the first , and observing what he was then able to do , when assaulted by charles the fifth , who was not only emperor , but had all the power of spain , the seventeen provinces , of naples , sicily , sardinia , the dukedom of milan , and the riches of the west-indies , who was as wise , couragious , and fortunat a captain , as most ages of the world have known ; one who manag'd his own councils , & like alexander in every action appear'd at the head of his army ; who had above a hundred thousand wel disciplin'd men , led by many great and experienc'd commanders ; who was able , by a mighty naval power , to begirt france on both sides , from flanders and from spain . yet at that time france courting the same mistriss , the universal monarchy , was so powerful a rival , that he durst not attempt his removal out of the way of his ambition , without the aid and assistance of henry the eighth , the pope , and several princes of italy ; nor even then did he think himself secure , til he had drawn to a defection , charles duke of bourbon , the most considerable prince of france . and yet after all , he was forc'd to clap up an accommodation , on terms sufficiently advantageous to that crown . if so mighty a power , and so united , coud not prevail against francis the first , how unlikly is it to resist lewis the fourteenth , a much greater prince , when that power is now so much lessen'd , by being broken and divided into several hands ? when the emperor gives himself up more to devotion , than martial or state-affairs ? when the king of spain is a youth of sixteen , and when the seventeen provinces are canton'd between the spaniard and the states general ? when these several divisions and interests occasion long debates , different opinions , and slowness in preparation and action ? when all that was formerly manag'd by one single head , is by these accidents brought under the conduct of several governors , of whom , it 's possible , som may prefer their privat advantages to the interests of their masters ? this has made som conjecture , the french king has open'd more gates with silver keys , than by force of arms ; and has induc'd others to conclude , that the confederates wil hardly be able to defend the remainder of the spanish netherlands , another campagne , if not assisted by the joynt power of the rest of europe : this you wil easily believe , not to be ill grounded , if you consider the present greatness of france ; lewis has about four times the revenu francis had , and at least four times the army : nay rather , all his people are now in a manner souldiers ; 't is not only scandalous , but a vain attempt , for any gentleman there to make court for a wife , before he has serv'd a campaign or two , nor are any of the nobless sufferd to live at ease in the country , that do not go , or send som of their sons to the war. these practises enabl'd him last summer , in fifteen days to send forty-five thousand gentlemen , with their servants , at their own charge to raise the siege of charleroy . and to make the monarchy more absolute , matters have bin so order'd , that their parliaments are become ordinary courts of iustice , and have no other laws than the edicts of the prince's wil ; and if at any time , he condescends in formality to assemble the three estates ( who had in francis the first 's time the power of parliaments ) 't is but to tel them by his chancellor , the king wils you do thus or thus , you are not to advise or dispute , but immediatly ratify his commands , which accordingly are obey'd , as the effects of a despotic power . in the beginning of the year , he was not able to man out twenty ships of war , and now he has about two hundred ; he has not only vast treasures heaped together , but the strings of all the purses of his slaves rather than subjects in his own hands . if without any assistance he has already gain'd lorrain , franche comte , a great part of flanders , and no inconsiderable footing in germany and sicily , and in the beginning of the last campaigne three such strong holds , as valenciennes , st. omer , and cambray ; the weakest of which , most men thought , woud at least have made him whole a summers work , what wil he not be able to compass , against the rest of europe , when he has got the accession of germany , and all the low-countryes , to that already too boundless power by which he has fetter'd his own people , and subjected them to an absolute vassalage ? wil other nations expect better terms , than he has given his own ? 't is wel if he wil allow them even canvas and sabows . but above all , what can england hope , having for many years forc'd him to check the reins of his ambition , and is , i presume at this time ready to put on the caveson . books have already bin printed shewing his pretentions to this country , which , tho weak and silly , may help to spur him on in the pursuit of his glory . nor can less be expected from those , who by a confederacy with the late usurpers , gave an opportunity of taking away the life of the first charles , and of pursuing that of the second , to whom his own cousin german unhospitably deny'd the continuance of a retreat , when the vicissitudes of human affairs , to make him afterwards appear more glorious , vail'd him in clouds of misfortunes . what can be hop'd from him who contriv'd that never to be forgotten affront of burning our ships at chattam , and who is said to have had no smal hand in the firing of london : who tho stil'd the most christian , declares as an unalterable maxim , no treaty binding longer than it consists with his interest , not founded on religion , or reason , but on glory ? the very heathens were anciently , and the turks at this day are more punctual to their oaths and promises , the falsifying of any thing confirm'd by the adiuration of their gods , or mahomet , was , and is accounted infamous . but what treaties , or capitulations can be reckon'd which the french ministers have not violated ? have they not broken the famous pyrenean treaty , confirmd by oaths and sacraments ? and contrary to a solemn renunciation and the double ties of blood and marriage , before a breach complain'd of , or a war declar'd , invaded the territoryes of an infant king ? have not they by address , and cunning , by bribes and rewards , endeavored to corrupt most of the ministers of europe ? such practises amongst privat christians woud be abominable , and much more so , between any kings not stil'd the most christian. do they not publicly abet the proceedings of the rebels in hungary against their lawful prince ? and whatever the pope may be induc'd to beleive , not for the propagation of the romish religion ( for they are protestants ) but to serve his own ambitious purposes of enslaving the world ; of which , rather than fail , he has decreed to bring in the turk , in whose courts also he has found arts to make his coyn current . nor is the infallible man whom he has already pillard to scape him , at least as to the temporal part of his power , for not thinking that affront great enuff , and concluding , he has not as he ought , imploy'd it for the french interest , he is said to have privatly vow'd not only the lessening , but the abrogating of that great authority , in which his predecessors pepin and charlemain's charity had vested him . nor is his countenanceing the iansenists , a sect more dangerous to the see of rome , than that of luther or calvin , a smal argument , that he intends to pul down his spiritual grandeur , by fixing it in a gallican patriarch . but to com nearer home , have not the french had a main hand in our civil wars , and were they not since the secret instruments of spilling the blood of many thousands of our fellow subjects ? to som of whom , tho now they pretend civility , 't is not to give them a share in their glory , so much as to hazard their lives , making them steps to the throne of an unjust empire ; in order to which , they have expos'd them on all occasions , in hopes by weakning us , to remove out of their way the greatest block which has already given them check , and wil now i hope stop their carreir and mate them . and is it not time think you , that all the princes in christendom , for their common safety , shoud unite , not only to chase the french king out of his new conquests , but confine him to his ancient dominion and manner of government ? if this be not speedily put in execution , i may without the spirit of prophecy foretel , som of the princes of germany and italy who now seem unconcern'd , wil when 't is too late repent the oversight : the fire is already kindled in their neighborhood , and if they do not help to quench the flame , they wil quicly see their own dwellings laid in dust and ashes . every new acquist and accession of power inlarges our desires , and makes the ambitious man think , that which before seem'd not only difficult , but impossible , to be very plain and feasible ; the success of the french has already made them think no enterprise too hard , and and stil prompts them to push on their good fortune , which nothing can withstand but a general opposition of other princes . you see then , 't is not so much honor nor friendship , nor a desire of succorring the injur'd and oppressed , that invites the rest of europe , to the assistance of the netherlands , but the care and preservation of their laws and liberties , their glory , and their fortunes : and tho i am apt to believe on englands entring into the league , the french king woud gladly conclude a peace : yet i can't but think the doing so , woud be against the common interest , on any other terms , than quitting all his new acquisitions , and even then the confederats wil be out in policy , if they do not stil continue in a posture of defence , both by sea and land. the dutch paid dear for the contrary practise , and their sufferings in wil convince them and others , that so long as lewis the fourteenth lives , his neighbors must not expect to sleep in quiet ; they cannot prudently hope , his future practises wil be more just , than his former ; he that has already broke thro so many obligations of oaths and treatyes , is likely to do so agen ; whoever cannot be kept within bounds by the sense of reason and iustice , wil despise the weaker tyes of forced oaths ; for he that avows power to be the rule , and strength the law of iustice , wil not stick to say , this peace was an imposition , an unjust restraint of the lawful pursuit of his greatness . and therefore as soon as he gives his wearyed armies a breathing time , and sees the confederates dispers'd , and their troops disbanded , he wil like an unexpected torrent break-in upon som of his neighbors . the common inscription of his cannons ratio ultima regum , is by him inverted to a contrary sense , and made a public warning to mankind , that he desines , as god did of old , to give law to the world in thunder and lightening , to scatter by the flames of his artillery al those clouds of the confederat forces that intercept and eclipse the rayes of his glory . he makes the power of his arms his first and last reason : he do's not only pursu , but commonly wounds his adversary before he declares him such , or gives him leisure to draw . first invades a prince's territories , and after sets up his title and cause of the war ; is not concern'd that all the world observes the pretence is false and trifling , vain and unjust , warranted by no other reason than that of absolute and unbounded wil , that he wil do so , because he wil ; which is the foundation and conclusion of all his actions and wars abroad , as wel as of his laws and edicts at home , express'd in these imperious words , tel est nostre plaisir . he do's not only tread in the steps , but out-go one of his predecessors , who in a quarrel with his holiness , sent him word , that what he coud not justify by cannon-law , he woud by the law of the cannon . his device the sun in its meridian with his motto non pluribus impar , sufficiently shews his intentions for the universal monarchy , and the haughty opinion he conceives , of his being the only person qualify'd for the goverment of more worlds than one , declares his resolutions of admitting no rivals in soverainty , looking upon all other princes but as so many smaller stars , or wandering planets compar'd with him the sun ; from whom after the antiquated and justly exploded opinion of som philosophers , they are to receive their borrowed light or power , as it shal please his mightiness to dispense : so that crowned heads , princes and republics , as wel as their subjects , are to expect the same meat that of slavery ; and tho that be not sweet , yet the sawce wil be sorer , poinant to all , tho perhaps a little differenc'd ; the former may be allow'd golden , while the later are to be manacled with iron-chains . in order hereunto , his ambition has made him resolve the conquering of the world after the example of alexander , whose title of great as an earnest of his future hopes , he has already assum'd . he has vow'd to make himself as famous to posterity , by his sword , tho not by his pen , as caesar has don : that paris shal give law to the universe , as rome once did , and that the ocean shal yield no less to the sene , than formerly it did to tyber . now if england , which alone is able to do it , prevents the execution of these vast purposes , what can we expect , but that one time or other , he wil seek a revenge ; and notwithstanding his promises and solem confirmations of peace , try against us the success of his arms , and by numbers endeavour for this mighty insolence , to chastise those , for whom even their own histories wil convince them , they are man to man a very unequal match . the dis-banding his forces for the present , is far from being a security , since he may raise them again at his pleasure . nor indeed do i imagin , he wil discharge his armies , since that were to give them an opportunity of rebelling , for which he is sensible , his people are sufficiently prepar'd , and only want either domestic heads and partisans , or forrein assistance , to rescu themselves from tyranny and oppression . and is it fit , while so potent and so near a monarch is in arms , that we sh●ud stand with our hands in our pockets ? no , i am perswaded , tho a present peace shoud be concluded , that the king and his ministers , wil think it for the common safety , and the particular interest of england , not only to enter with the confederats into a strict allyance offensive and defensive , but also , to put themselves into a posture of war both at sea and land. the end of war is peace , but a peace with france seems to me to be the beginning of war , or ( at least ) a preparation for one ; and i must ingenuously profess , tho war be a great evil , yet from all appearances , i dread the consequences of a peace more , for that without great care , it wil be of the two , the most fatal to england : but this consideration , as most fit , i leave to my superiors , and wil only ask you , whether before we engage in a war abroad , it be not fit , to secure a peace at home ? to reconcile by toleration , our differences in point of religion , that the french emissaries , or others , may not be able to strike fire into the tinder already prepared for the least spark . it must not be forgot , that , to divert or disable queen elizabeth from assisting france , or def●nding holland , phillip the second of spain incouraged and assisted tyrone , to rebel in ireland ; that in the long war between us and france , it was the frequent practice of that crown to incite the scots to make incursions upon us ; and i presume , it wil be consider'd , whether some ambitious men of that kingdom may not influence the people to favor or side with a prince who maintains great numbers of their nation , by the considerations that they are now but a province , that england denyes them an equal freedom in traffic ; that they may have better terms from the french in that and religion , in which by denyal of liberty they seem dis-satisfy'd . tho such persons can't possibly work on the wise , the considerative of the people , yet sure it were not improper to study a course , to prevent the unthinking croud , the rabbles being deluded by such fals and groundless pretensions ; which in my opinion are with more care to be provided against in ireland , where 't is said those and other motives may be urged : for there are computed to be in that kingdom about eleven hundred thousand persons , of which are irish , and of them above , born to estates , dispossest ; these for their losses , and others for restraint in matters of religion , are discontented , not considering their own rebellion occasion'd their ruin : ( by their murmurings i perceive let the sentence be never so just , it wil not hinder the condemn'd from railing against the judg : ) that , besides their suffering in estate and religion , they are yet further beyond the scots renderd uncapable of injoying any office or power military , or civil , either in their native , or any other , of their princes countryes ; their folly having thus reduced them to a condition more like that of slaves than subjects , many of the gentry go frequently into other kingdoms , but most into france , who may possibly be incouraged to return to move the people to a new sedition , especially if they can give them assurance of forrein assistance . the king wisely foreseeing this , directed in . his late vigilant and prudent vicegerent the earl of essex , to disarm the irish papists , and netwithstanding the exact execution of that command , it s said that his majesty intends to put himself to the further charge of increasing his army in that kingdom , beyond what now it is , and to appoint a considerable squadron of ships to guard and defend its coasts from any attempts of invasion , without which there is not the least fear of any intestine commotions . this , with the charge he has bin at in erecting a new fort in the harbor of kinsale , the most likely place to prevent the entring of any forrein power into that country , shews he has bin watchful to secure himself and people against the french desines . and now i touch upon ireland , i have heard som say , that it is not only convenient but necessary , to unite that kingdom to this , to make a new division of shires , to send only so many members to parliament , as coud no more join to out-vote us , than cornwal and devonshire with two or three other countyes : but i see not if they were thus made one , wherein their interest woud be different from ours ; many rather think they woud be losers by the bargain . others fancy pointings act shoud be repeal'd , that at first , tho a trick , it was necessary ; but now is not , all the power and almost all the land , being devolved upon such as are mediatly or immediatly english , and protestants ; and that by an easy contrivance , they might be still oblig'd to a dependence on the crown of england ; by which , it s said , if they are always so kept under , as to be no more than hewers of wood and drawers of water , they may in future ages be incouraged to a defection , and either set up a power of their own , or invite a forreiner , which might prove of ill consequence to england ; for the harbours and situation of ireland lying more convenient for trade , makes it that way , or otherwise , a ready inlet to the conquest of england . the people there , stomach the prejudice , in point of commerce , desined , tho not effected , by the acts against their cattle , navigation , and plantation trade ; by the first they are said to have gaind vastly , by an increase in woollen and linnen manufactures , in shipping and forrain traffic , to the great prejudice of england : and i have bin credibly inform'd , by a person who examin'd it , that they have gaind communibus annis , forty thousand pounds sterling yearly , by the exported commodities of beef , tallow , hides , butter , and wool , yeelding so much more , after the passing that act , than they and the cattle did before , when transported together . and if the irish , of which there are few pure families left , have som pretence to the kings favour , as he is lineally descended from fergutius , second son of the then reigning king of ireland , and first of scotland , which was anciently peopled from thence , the english there claim greater share in his majesties grace , and say of right , they ought to be accounted but the younger brothers of england . i coud wish with all my heart , the story were tru , i had from an irish gentleman in france , that his countrey-men were so pleased , that they were at last govern'd by a king descended from their own blood royal , that they had resolved , to pay his majesty and the successors of his line , the allegiance due from natural born subjects , not from a conquer'd people , which they now no more esteem themselves , nor desire to be accounted by others : how much of this may be tru you and i know not , but this i think , if all the natives were oblig'd to speak english , and all call'd by the name of the english of , ireland , and allow'd equal privileges in trade , the same usages and customs , begetting a harmony in humor , that rancor might in time be remov'd , which from a sense of being conquer'd renders them now troublesom and chargeable to this kingdom . this was design'd in part by queen elizabeth , and king iames , and perhaps had bin effected for the whole , but that the irish coud not be said to have bin fully conqer'd before the tenth year of his reign , which was after the making of those statutes . it woud be , i confess , an advantage to england , to be freed from the charge and necessity of keeping that kingdom under by a constant army ; and considering the inconveniences this nation has suffer'd , by their frequent wars and rebellions , their gain woud be more , if they had never conquer'd the countrey , in which the losses of the english coud perhaps be never better compensated , than by sinking it , if possible under water . the accession of so much people unto england , might make som reparation , for the greater number which to our own impoverishment we have sent thither . i have dwelt the longer , upon the considerations of scotland and ireland , to shew the frenchman may be mistaken , who , about ten or twelve years since , publisht a book of politics , chalking out the way for the french kings gaining the universal monarchy ( in immitation of campanella to philip the second on the same subject ) wherein , after several insufferable slights and indignities , intolerable base , false and malicious characters thrown and fixt upon the english , he tells it will be an easy task to overcome them ( but in the last place ) by sowing divisions among the king of englands subjects , especially those of scotland and ireland ; by false insinuations , jealousies and fears of popery and arbitrary government , &c. the prevention wherof wil be his majestyes particular care , and the parliaments , to inable him to carry on this great work of our common safety , against the common enemy the disturber of the peace of christendom by finding out an easy and sufficient fond , which naturally brings me to the consideration of taxes , allow'd by all understanding men , as absolutly necessary for the support of the body politic , as meat and drink for the natural : but what kinds are best , has been much disputed : before i descend to particulars , it is not amiss to observe in general , that no taxes can be just or safe , which are not equal . all subjects , as wel the meanest , as the greatest , are alike concern'd in the common safety ; and therefore shoud , according to their respective interests of riches or enjoyments , bear the charge in equal proportions : the contrary practice must of necessity beget murmurings and discontents , which seldom ending in words , proceed higher to blows , dividing the oppressed against the others , which wil certainly disquiet and disturb , and may probably ruin both . that all taxes shoud be proportion'd to the necessities of state ; that in computing these , the error , if any must be , is safer on the right hand , than in defect ; because the overplus may be order'd to other good public uses . that when taxes are made equal to the people , and proportionat to the charges of the public , 't is much more for the subjects ease , and the common safety , that they be made perpetual , than temporary : for , if the means of securing our selves against all the dangers to which we are expos'd , be not sufficient , we must undoubtedly yield our selves up to the mercy of our enemies , or suffer much vexation , in parting with further supplies from time to time , out of that substance , which nature or our own almost equally binding customes , have made but just enuff for the support of our selves and families ; either of which is very grievous : and because the event is uncertain , 't is hard to determin , which of the two is most destructive to the pleasures of life ; for he that says , the choice is easy , in that your enemies may take away your life , the other course does but render it miserable ; is in my opinion much mistaken , it being more eligible to have no sense at all , than to have it only to endure pain : for life is in it self a thing indifferent , neither good nor bad , but as it is the subject of pleasing or unpleasing perceptions ; and is then better or worse , as it has more or less of the one or the other : so that the proper question is not , whether it be better to live or not to live ? but , whether misery be preferable to no misery ? to which , not only reason but sense is able to give a satisfactory answer . you see then , that if the taxes fal short of their end , we are expos'd to great miseries ; and therfore to exceed is fafer , especially when things may be so order'd , that after the occasions are supply'd , the surplusage may be refunded , or imploy'd in the way of a banc or lombard , or public trade , as fishing or cloathing , &c. the first as an unexpected gift , wil be very grateful to the people , and the other wil not be less benificial because it must encrease their riches , and be a fond without new taxes for any future emergencies . that perpetuating the revenu is most easy for the people , and most convenient for public ends , wil farther appear from these following considerations ; that an equal tax tho greater than is needful , so the money be not hoarded up to hinder trade , but issued as fast as it comes in , for necessaries within the country , however it may for the present make som alterations in particular families , do's not impoverish the whole : for riches , as power , consisting in comparison , all , equally retrenching som part of their expences , remain as rich as they were before . this retrenchment may at first seem unpleasant and stomacful to those who think what they have little enuff for their privat expence ; but such ought to consider , if they refuse to part with som , they wil infallibly lose all ; that instead of being a free people , they may becom slaves , and wil not then have it in their power to keep ought of what they cal their own ; have no liberty or property , but at the pleasure of their conquering tryumphant lord and master : that then they wil be dealt with like beasts , now they have the liberty of rational men , i. e. of choosing with the wise merchant in a storm , to throw som of his goods over-board , to secure his life , and the rest of his fortune . when by prudent rules of oeconomy and temperance , they have par'd off those great extravagancies men are now given to , in cloaths , in meat and drink , &c. to the decay of their healths , and shortning of their lives , and have proportion'd their layings-out to their comings-in , what for the present seems so hard , wil becom very easy , and be hereafter no more felt , than the payment of tythes now ; which without doubt wrought the same effect at first , as this may be suppos'd to do . but what is yet much better , they wil make us rich ; for i am convinced , that the great taxes in the united netherlands have bin the chiefest cause of their great wealth ; and tho this be no smal paradox , and perhaps a new one , i am fully perswaded it contains a great truth ; for their great taxes necessitated great industry and frugality , and these becoming habitual , coud not but produce wealth ; especially considering that the product of labor is more valuable to the kingdom than the land , and all other personal estate , which i wil shew under the particular of trade . when the taxes are less than serve , or to last but for a time , those who do not make their expences short of their in-comes , but think they may without prejudice make both ends meet ; or if they exceed so soon as that proportion which now goes to the public comes in , it wil make things even again ; do not consider , how difficult it is to fal , and that in the mean time an accident may happen , that not only requires the continuance of the temporary , but also of imposing new and greater taxes : then , when perhaps it 's too late , they cry out , they are ruin'd , and undon ; and indeed , the case seems hard , yet can't be avoided . therefore to answer our present needs , and prevent for the future such great evils , the taxes are to be made perpetual ; so we being under a necessity of adjusting our privat affairs accordingly , a little time wil make them habitual to us , and insensible to our posterity : for , that if they be not perpetual , but to determin at certain or uncertain periods of time , they do not only becom uneasy to the subject , but inconvenient for the publick security , which may suffer much at home and abroad in the interval , before new supplies can be legally rais'd . i do not doubt , but you and your fellow-members , have it in yout thoughts , that all the customs and half the excise cease upon the death of our soverain , for whose long life every good subject is bound by interest no less than duty , heartily to pray ; but is it not to be remembred , that the period of humane life is uncertain , tho that of our evil which may thereupon insue , be not ; the occasions of our expence continuing , tho the means of supporting them fail ; that before a parliament can be conven'd , those others may be increas'd , because in the mean time the merchants wil fil the kingdom with goods , and sel them at the same rates they now do , reckoning that a lucky hit , and so anticipate the markets for two three or more years , with all manner of staple commodities , linnen , silk , salt , &c. which they have near at hand ; and with what perishable commodityes , they can procure , for as long a term as they wil last , and perhaps covetously and foolishly for a longer ; thus the people wil pay and lose , and yet the state grow poor , as wel for the present , as future , while the merchants only , the overhasty and immature , wil have the profit : and tho they talk loudest , the consumptioner stil pays the duty , and that with interest . in proportioning of taxes , we must have recourse to the necessities of the charge , which in my sence of things ought to extend to all that relate to us as single persons , in matters of right or wrong , as law , &c. as wel as to what concerns us , with reference to the whole in our public occasions , as of peace or war , forrein or domestic ; for i hold it altogether as reasonable , that the public shoud pay all those officers who promote and distribute iustice , as wel as those others now paid by the state ; in proportion to which , i hope our governors wil consider what wil suffice , for the management of all affairs that any way conduce to the joynt good of the whole body politic , and when that is known and fixt , leave the rest to our own particular disposal . but in this proportioning of taxes , we must rather look forward than backward . our home occasions are easily judged , but those abroad must be taken by other measures , the former use of mony compar'd with its present , the ancient demeans of the crown with what they are now , and the strength and power of our neighbours , especially the french ; concerning whom we are not to forget , that that crown is much more potent than it was heretofore , by the accession of large territories , which , when englands , gave it great aid and assistance in their war : that the expence of one years war in this age , is greater than of twenty in former times ; that then two pence a day woud go further than twenty pence now ; that six or ten thousand men were as considerable an army , as forty or fifty thousand now ; then a smal castle , moat , or ordinary ditch , was a good fortification ; but mighty bastians , large curteines doubly fortified with faussbrais , counterscarps , half moons , redoubts and great variety of other out-works , according to the nature and situation of places , with exquisite skil , and vast expence made and defended , together with the strongest cittadills , are now taken : then the charges of arms & amunition , bows and arrows serving insteed of fire arms , were inconsiderable : that now france has in constant pay above a hundred and twenty som say above two hundred thousand fighting men , whose standing army in former times exceeded not ten thousand , nor so many but on particular occasions ; then a single battle , or at most a summers expedition put an end to a war , no long nor formal sieges to spin out the quarrel . now the whole seene is changed , from what in those days it consisted in ; courage and strength of body , into that where patience in fatigue , dexterity in wit , and mony in purse shal make the coward and the weak an equal match at least , for sinewy and gigantic force . there is no doubt but as many of the english , as luxury and idleness have not softned into effeminacy , have stil as great valour and resolution : but they are to consider , that their old enemys , the french are not the same they formerly were : that they finding their first sa sa , or brisk onset woud not do the feat , and wanting courage to rally , nature having deny'd them bodily strength , but to supply that defect , having given them wit to use stratagems , have quite changed the scene of war , and taken their leave of the old way of venturing body to body . that in queen elizabeth's time , thirty ships , such as perhaps exceeded not our third and fourth rate frigats , were the fleet which gave law to the biggest part of the world , the sea ; and without the help of storms , doubted not to have overcom the too arrogantly styl'd invincible armada . that in those days few besides the kingdom of spain , and state of venice , had any ships of war : that france and holland were then very weak , and all four unable to contend with us : that now the swedes , danes , hamburghers , ostenders , and algerines , &c. have considerable fleets . that the states of the united provinces have much more shipping than the french king , who yet has upwards of two-hundred men of war , and many larger than most in europe , and is every day building more ; and lest he shoud yet have further need , i have an account , he has lately countermanded about fifty sail of st. maloes and haven de grace , merchant-men , of considerable force , bound to new-found-land . if then his power be so vastly increas'd , that as he gives out , he has cash for five years charge , and provisions and forrage for two . that his ordinary revenu in france , not to speak of his new acquisitions , amounts by the most modest computation to above nine millions sterling per annum ; and his country being rich , and the power in his own hands , he may at any time raise what more he pleases : is it not then necessary to consider our own strength , and by sufficient supplies at home , as wel as allies abroad , secure our necks against that yoke with which he threatens to inslave all europe ? nor wil it be amiss for the subject to observe , that the french by fomenting our quarrels forein and domestic , have bin the main occasions of the great taxes and impositions ( necessary appendages of the former ) under which the english nation has groand for these last forty years , even the ship-mony had its rise from the affronts their pride and insolence threw up on us , and they wil yet oblige us to suffer more , unless by the joynt force of our arms and mony in a round and larg supply for the war , we speedily inable our selve's , to revenge our past injuries and their present desines , and so put it out of their power , either by this or any other of their crafty practises , to disturb or hurt us for the future . and 't is to be consider'd , that as the expences abroad are much greater , so they are likewise at home ; that an hundred pound before the eighteenth of edward the third , was equivalent in intrinsic valu to three hundred pound of our now current mony ; their groat being rais'd to our shilling . that our expences are not only far greater than they were in those days , but that our necessary uses require ten times as much as they coud be then suply'd for ; perhaps no less occasion'd by the discovery of the west indy mines ( the plenty of every commodity making it cheap ) than by our own much greater extravagance : whence it is plain , that the present re-venu of the state , even for necessary occasions , ought to exceed the ancient , as thirty does one . and since our great intrest , no less than honor , lies in securing the dominion of the seas , and by that our trade ; our fleet must be answerable to that of our neighbours ; it wil then , allowing the english , man to man , to be a third stronger than the french , seem reasonable , to have an hundred and fifty ships of war in constant readiness . and comparing the charge of the admiralty , by taking an estimat of what it was in queen elizabeths time , and in the beginning of king iames's . , with what it has bin since this kings raign , which if i mistake not , i have bin told by more than your self , was offerd to be made out in parliament , to have bin per annum . but granting it was but , it must follow , that our fleet has bin ten times bigger , than that of king iames , or that the charge is now ten times more ; that if it be yet necessary to inlarge it treble , to make it strong enuff , that wil increase the ordinary annual charge by the first account to , by the last to . and if the building of thirty ships require near p. how much more wil be wanting to compleat the fleet sail , and to continu building every year , with an allowance of one third less , in proportion to the french kings ? by which we can not yet reckon our selves secure from the common foe , without a strict alliance with the germans , dutch and spaniards . if then the ordinary occasions of our fleet require thus much , and the extraordinary a vast addition , the common expenses in every particular above thirty for one , more than in edward the thirds time , when the crown had a large revenu in lands , what wil all need in the extraordinary accidents of war , &c. now when these are almost dwindled into nothing ? but these considerations i leave to the proper persons ; yet , by the by , give me leave to tel you , they were never thought of , by those mal-contents , who have talk'd loud of the great supplies this king has had : this alone cancels the obligation ; he that brags of having don another good turns , pays himself , and does not only free but disoblige the recever : it woud have argued more ingenuity , not to have compared the subsidies of this kings raign , with those of his predecessors , without taking notice , that perhaps his occasions required more , than all theirs did . that dureing the eighteen years he and his father were kept out of their rights , he must have contracted vast debts , for the support of himself , his army and his followers ; that the great revenu of the crown was in a manner gon ; that other kings had squees'd vast sums from their subjects , by loanes , monopolies , &c. of which no mention was made in the computation ; that the building of ships and above four years of such war at sea consum'd more , than any one hundred years war at land , since the conquest . that the consideration of the vast charge dunkirk put the crown to , at least three times more than it yeilded , occasiond the advise of its sale. that tangier has stood the king in very great sums . that til of late , the supporting the charge of irelana helped to drein the exchequer of england ; that the intrinsic valu of one million formerly , was equal to that of three millions now , and in real use to thirty millions ; for the tru intrinsic valu , or worth of mony , is no otherwise to be computed , than according to what it wil purchase for our present consumptions ; which i have reckond to exceed those of old but by ten , tho i have heard others say much more . but that which has made these complaints so loud , has not bin only inconsideration , or perhaps malice , but the inequallity of imposeing the taxes ; those great inconveniencies may be easily obviated for the future , by maki●g and applying to particular uses , such sufficient and equal fonds as are necessary to be setled : i wil only instance in one , that of the customes , which seems originally to have had its rise for that end , & therefore ought to be appropriated to the use of the navy ; i wish it were great enuff , for such as our safety requires . and if this course be taken in apportioning the revenu , the public and privat expences are to be generously computed ; the doing so , wil remove iealousies and distrusts on all sides , the king wil be under no necessity of straining his prerogative , by hearkning to the devices of projectors , the people wil be quiet and at ease ; and then every man may safely sit under his own vine , and his own fig-tree , and enjoy with pleasure the fruits of his labor . if you look into the histories of past ages , you wil find the disputes of the prerogative on one hand , and of liberty on the other , were alwayes founded on the want of mony ; and he that considers the evils that have ensued , wil soon believe it very necessary , to prevent the like for the future , by applying to every use of the crown or state , ( i do not say to the person of the king , whose greatest share is the trouble , while the subjects is security and ease ) a sufficient and perpetual revenu . this act wil beget an intire confidence and love , and so unite us to one another , as wil make it impossible for any storms without , or commotions within , to shake this kingdom , so founded on a rock ; against which , all , who make any attempts , must needs split themselves and fortunes . i have , according to my wonted freedom , given you my thoughts , why i think it more convenient , both for public and privat , that the revenu were sufficient and perpetual : against which , i never met but with one objection , to wit , that if that were don , the king woud not so frequently , if at all , call his parliament : as if there were no use for this great council , but raising of mony : the altering or repealing the old , and making new laws ; the reforming of errors and abuses , in inferior courts of iustice ; the deciding the controversies , those courts coud not , and many other things woud make their meeting necessary ; the king woud see 't were his advantage to cal them often , since besides that there is safety in the multitude of counsellors , all that happens to be severe and harsh , woud light on them , and yet none coud be offended , because the act of the whole : nor coud his majesty but be sensible that all innovations are dangerous in a state ; for it is like a watch , out of which , any one peece lost woud disorder the whole ; that the parliament is the great spring or heart , without which , the body of the common-wealth , coud enjoy neither health nor vigor , life nor motion , that while they mind their duty , in proposeing and advising what is best for king and people , without privat respect , leaving him the undoubted prerogative of kings , of nature and reason , of assenting or dissenting , as he is convinc'd in his conscience , is best for the common good , which is to be his measure in all actions , as the laws are to be the subjects rule ; i see not why it shoud not be his interest , to cal them frequently . that none can be suppos'd to advise the contrary , unless som few great men , to avoid , not so much perhaps the iustice , as the passion , envy and prejudice of som , in that iudicature , to whom they may think themselves obnoxious : but granting this , 't is unreasonable to think , so wise and so good a prince , wil prefer the privat interest , of any single man , tho never so great , before the general good and satisfaction of his people : i shoud rather think , he wil in the words of his royal father , in a speech to his parliament , give in this , a ful assurance , i must conclude , that i seek my peoples happiness , for their slourishing is my greatest glory , and their affection my greatest strength . his majesty wel knows , with what tenderness and love his subjects are to be treated ; that 't is more safe , more pleasing and more easy , to erect his throne over their hearts , than their heads , to be obey'd for love rather than fear ; the dominion , founded on the later , often meets the same fate , with a house built upon the sands ; while that establish'd on the former , continues firm and immovable as a rock : he is not ignorant , that as the multitude of the wise is the welfare of the world , so does the being and wel-being of the english nation , consist in the frequent counsels , deliberations and acts of king and parliament ; in which providence has so blended the king and people's interests , that , like husband and wife , they can never be sunder'd , without mutual inconvenience and unhappiness . the sense and observation of this , makes our king's reign prosperous , and gives him a more glorious title than that of king , viz. the father of the country , and the great god-like preserver of his children's rights and liberties , who , out of a deep sense of duty and gratitude , must own and remember who tels them , that a wise king is the upholding of his people ; and therefore , cannot but pay him even for their own interest , all imaginable loyalty , deference , and respect , giving up their lives and fortunes for his ( or which is all one , their own ) safety , who studies nothing so much as their good and wel-fare . besides , the king has already past an act , that a parliament shal sit at least once in three years , and in several speeches he has declar'd himself ready to do what further we shal desire , for the better security of our liberties , properties , and religion ; why then shoud any think , he woud not esteem it his own , as wel as people's interest , to consult often , and upon all suddain occasions , with his parliament ? for my own part , i shoud rather believe , by continuing this so long , that he woud not be against their assembling thrice a year , as , by the grace of former kings , was accustom'd , for many years , before and after the conquest . but to put all iealousies to silence , the parliament , in settling and appropriating the revenu , to particular uses , may ( as they have already begun to do , in the act for building thirty ships ) grant it under a kind of condition , or proviso , viz. that the respective officers , give a ful account , of the employment thereof , unto the parliament , at least , once in every three years ; otherwise , all farther leavies of the same to cease , &c. having said thus much , in general of taxes , i com now to the partic●lar branches ; i have already shew'd the inconvenience of the customs , &c. determining with the king's life ; i wil further add , that the book of rates ought to be reviewed , and in the new one , a greater consideration had of the usefulness and necessity of the commodities , in placing the imposition on them ; viz. rating all the allow'd commodities of france , much higher than they are , raising the duty of their wines , to be at least equal , with that , on those of spain : i never yet coud be satisfy'd , what induc'd the compilers of that book , to rate spanish wines higher , than those of france ; since the height of duty is a sort of prohibition , which ought to be more taken care of , in the trade with france , by which we are vast loosers ; than in that with spain , which is a gainful one : the best reason i could find , is , that they did it inconsideratly , taking it as they found it left , by the long parliament , who by the sense of revenge for the war , were induced so to treat the spaniard . one might have thought the last impost on french wines , woud have lessen'd their importation : which colbert the financer observing it had not don ( i was assur'd at my return in august by fontainbleau , that ) in his measures for the next years charge , he valued his master on that account , not doubting but the parliament woud take off that duty of wine , which woud give him opportunity to put so much on ; that at this , the french king smil'd and said , for such a kindn●ss he shoud be oblig'd , and woud no more cal them petite maison ; but i hope notwithstanding his scornful quibble , he wil find such sober resolutions in that house , as wil set him a madding , and that , instead of taking off that duty , he may perceive more put on ; which is indeed the only effectual way to prohibit the importation , of these vast quantities of french goods , by which england is greatly impoverisht . to lessen the trafic of his people , is the first step to lower him ; which i am perswaded is best don , by imposing an excessive high duty , upon all the commodities , and contriving the act so , that nothing shoud pass duty free ; this course woud be a better restraint , than absolute prohibition : and 't is the method he himself has taken in the trade with us , which he had long since wholly forbid , but that upon examination , he found , it was driven to above l. advantage to his subjects , and loss to those of england ; this , rather yearly increasing , than decreasing , wil at length quite ruin us , if not prevented ; and yet notwithstanding , he imposes upon our cloaths four shillings an ell , as a sumptuary law , to oblige his subjects , to the use of their own manufactures . the next is the excise , which , if equaly imposed , were the best and easiest of all taxes ; to make it so , after the manner of holland , it ought to be laid upon all things ready to be consum'd . this puts it into the power , of every man to pay more or less , as he resolves to live loosely or thriftily ; by this course no man pays but according to his enjoyment or actual riches , of which none can be said to have more , than what he spends ; tru riches consisting only in the use . but the present excise is grievous , because heavyer on the poor laborers and meaner sort of people , than on the rich and great ; who do not pay above a tenth , of what the others do ; and considering , that most of the noble and privat families , out of london , brew their own drink , it falls yet heavier on the poorer sort , and wil at last on the state ; for , the common brewers do already complain , that they dayly lose their trade , many of their customers , even in london , brewing for themselves , to save the imposition . to speak the truth , in good conscience , this branch ought to have been imposed on the nobles and estated-men , rather than on the artificer and laborers , who were very slenderly concern'd in the grounds of it , viz. the taking away the wardships and purveyance , which was so great an advantage to the public , especially the richer , that that act of grace and condescension in his majesty , which freed us and our posterity , from great inconveniences and greater sines of subjection , ought never to be forgotten . this act gave us a greater propriety and liberty , than ever we had before ; and must the poor chiefly pay , for the benefit of the rich ? let it not be told to the generations to com , that an act so unequal was contriv'd by those who study only the public interest ; let it then be review'd , and either made general , on all public and privat brewers , by which the rich wil stil have advantage of the poor , according to the difference between strong and smal beer , ( for to allow public brewers , and prohibit all privat ones , as is practis'd in the low countries , woud never be endur'd in england ; ) or rather let it be plac'd on malt , or taken quite off , and laid on the land as a perpetual crown rent ; or let there be a general excise ( the most equal tax that possibly can be devis'd ) on all consum'd commodities of our own growth , or imported : which ought to be managed by proper officers ; the farming of any part of the revenu being of evil consequence , as i coud shew at large , both to the state and people . the hearth - mony is a sort of excise , but a very unequal one too ; the smoak on 't has offended the eyes of many , and it were to be wisht , that it were quite taken away , and somthing in lieu thereof given to the crown less offensive to the peoples senses ; i have heard many say , that an imposition on licenses for selling of ale , strong waters , coffee , syder , mum , and all other liquors , and for victualling-houses , might be as beneficial to the crown , and so order'd as might prevent or discover high-way-men , &c. i have read among the irish statutes one to this purpose , obliging among other things the inn-keepers , &c. to make good all horses stolen out of their stables or pastures . an imposition on all stage-coaches , carts , waggons , and carriers , set aside for the wel ordering the roads , woud be of general advantage ; as woud a tax upon periwigs , forving in part as a sumptuary law. a year , or half a years rent charg'd upon all the new buildings since , woud not only much oblige the city of london , enabling them by the difference of rents to let those many wast houses , which now to the ruin of trade remains un-tenanted , & also gratify the kingdom , by easing them from the common thredbare , land-tax . i do not question but , in this conjuncture , the wit of men wil be contriving new ways to supply the present occasions of a war ; for that a land-tax is slow and unequal ; and i am apt to fancy , that of the poll-mony wil be pitcht upon , as the most speedy levy , but must not be too great . as to my self , i am not sollicitous what course they take , but wish it such as may be equal , and so wil be pleasing to most : but be it great or smal , the king , as formerly , wil be agen defrauded , unless there be special care taken ; the way i apprehend is , that for twenty-one years to com , neither plaintif nor defendant be allow'd the benefit of the law , without producing an authentic acquittance or discharge , that they have paid this pol-mony , and averring the same in their actions or pleas. that the ministers be forbid to marry within that space any , who do not , women as wel as men , produce such certificats . that none be admitted to any office or command , civil or military , administration or executorship , freedom or privilege in town , city , or corporation , or receiv'd into any of the public schools , inns , or universities , if of the age limited by the act , except they make out the said payment ; which in three months after ought to be registred , with the persons names and qualities . now , in regard that england is already very much under-peopled , and wil be more so if there be a war : to provide against those evils , and to obviat in som measure the loosness and debauchery of the present age , i have thought of a sort of tax , which i believe is perfectly new to all the world , and under which 't is probable , if it takes , i have made provision for my own paying the crown no inconsiderable sum , during my life . 't is a tax upon caelibat , or upon unmarryed people , viz. that the eldest sons of gentlemen and other degrees of nobility upwards , shoud marry by twenty-two compleat , all their daughters by eighteen , and yonger sons by twenty-five : all citizen's eldest sons ( not gentlemen ) by twenty-three ; all other men by twenty-five . all the daughters ( not servants ) of all men under the degree of gentlemen , to marry by nineteen ; all maid-servants by twenty . that all widdowers under fifty marry within twelve months after the death of their wives ; all widdows under thirty-five , within two years after their husband's decease , unless the widdowers or widdows have children alive . i allow the women , as the softer and better natur'd , more time to lament their loss . that no man marry after seventy , nor widdow after forty-five . that all men cohabit with their wives . that the eldest sons of gentlemen , and all other degrees of nobility upward , and all other persons not married by the times limited , as afore-said , shal pay per annum a peece these following rates , viz. dukes , marquesses , and their eldest sons forty pound , other lords and their eldest sons twenty pound , knights , barronets , ten pound , esquires eight pound , gentlemen five pound , citizens three pound , all other retailing trades-men two pound . the yonger brothers or sons of all the fore-going persons ( respectively ) half so much ; and likewise the maiden daughters , or rather their fathers or gardians for them . all servants , laborers , and others six shillings eight pence . all the above-said widdowers or widdows , not marrying again under the age afore-said half ; but marrying again after the ages above limited , double according to their qualities respectively ; and all marryed men not cohabiting with their wives to pay quadruple . you may perceive i do not forget , in this scheme , to practice som of the courtesy of england towards the women ; that in regard it is not fashionable for them to court ( an hardship custom and their own pride has foolishly brought upon them ) they are tax'd but at half what their elder brothers are . these things i do not set down with a design of giving people a liberty of playing the fool as now , in matters of fornication under those penalties . for all single persons that do so , i woud have oblig'd under an indispensible necessity , to marry one another : and coud wish a further severity of punishment were inflicted upon adultery by the state , since 't is so much neglected by the church . it woud also be of great and public advantage , that all marriages were celebrated openly in the church , according to the canon or rubric , and the banes three several sundays or holy-days first published ; but if this must be stil dispensed with , that then all dukes and marquesses , and their eldest sons shoud pay twenty pound , all noblemen and their eldest sons fifteen pound , every knight and his eldest son seven pound ten shillings , every gentleman or others five pound , to the king as a public tax for such license , over and above the present establisht fee in the consistory court. that if all children may not be baptized openly in the church , the births of all even of the non-conformists , may be duly registred ; the knowing the exact numbers of the people woud be of great advantage to the public-weal , and conduce to many good and noble purposes , which ( for brevity sake ) i omit to mention . this course may perhaps prevent many inconveniences that young men and women bring upon themselves and the public : and since the concubitus vagus is acknowledged to hinder procreation , the restraint thereof wil be one means of advancing trade , by adding more people to the common-wealth , which perhaps in the following particulars you wil find to be the greatest occasion of its decay : an inconvenience by all possible means to be removed ; for that trade is the support of any kingdom , especially an island , enabling the subjects to bear the taxes , and shewing them wayes of living more agreeable than those of the savage indians in america , whose condition is but few degrees distant from that of brutes . since then it is so necessary , it deserves the parliaments best care , to restore it to what it has been , or make it what it shoud be . the first thing to be don is , the erecting a council or committee of trade , whose work shoud be to observe all manner of things relating thereunto , to receive informations of all trades-men , artificers and others ; and thereupon make their observations ; to consider all the statutes already made , and out of them form such bil or bils as shal be more convenient , and present them to the parliament to be enacted . there are already many discourses publisht● som of them woud be worth their view , and did they sit constantly , many would bring their remarks , and i my self shoud be able to give som notions on this subject , which for want of time i cannot now give you . the two great principles of riches are land and labor ; as the later increases , the other grows dear ; which is no otherwise don , than by a greater confluence of industrious people : for where many are coop'd into a narrow spot of ground , they are under a necessity of laboring ; because in such circumstances they cannot live upon the products of nature , and having so many eyes upon them they are not suffer'd to steal ; whatever they save of the effects of their labor , over and above their consumption , is call'd riches ; and the bartering or commuting those products with others is call'd trade : whence it follows , that not only the greatness of trade or riches depends upon the numbers of people , but also the deerness or cheapness of land , upon their labor and thrift . now , if trade be driven so , that the imports exceed in valu the exports , the people must of necessity grow poor , i. e. consume the fundamental stock , viz. land and labor , both falling in their price . the contrary course makes a kingdom rich. the consequence is , that , to better the trade of england , the people ( which wil force labor ) must be increas'd , and thrift incouraged : for , to hope for a vast trade where people are wanting , is not only to expect bric can be made without straw , but without hands . the great advantage a country gains by being fully peopled , you may find by the following observation , viz. that the valu of the labor is more than the rent of the land , and the profit of all the personal estates of the kingdom , which thus appears . suppose the people of england to be six millions , their annual expence at twenty nobles , or six pound thirteen and four pence a head , at a medium for rich and poor , young and old , wil amount to forty millions ; and , if wel consider'd , cannot be estimated much less . the land of england and wales contain about twenty four millions of acres , worth one with another , about six and eight pence per acre , or third part of a pound ; consequently the rent of the land is eight millions per annum . the yearly profit of all the peoples personal estate is not computed above eight millions more ; both together make sixteen millions per annum ; this taken out of the forty millions yearly expence , there wil remain twenty-four millions , to be supply'd by the labor of the people ; whence follows , that each person , man , woman and child must earn four pound a year ; and an adult laboring person double that sum ; because a third part or millions are children , and earn nothing ; and a sixth part or one million , by reason of their estates , qualities , callings or idleness , earn little ; so that not above half the people working , must gain one with another , eight pound per annum a peece ; and at twenty years purchase , wil be worth eighty ponnd per head. for , tho an individuum of mankind be recon'd , but about eight years purchase , the species is as valuable as land , being in its own nature perhaps as durable , and as improveable too , if not more , increasing stil faster by generation , than decaying by death ; it being very evident , that there are much more yearly born than dye . whence you may plainly perceive , how much it is the interest of the state , and therefore ought to be their care and study , to fil the country with people ; the profit woud not be greater in point of riches , than in strength and power ; for 't is too obvious to be insisted on , that a city of one miles circumference and ten thousand men , is four times stronger and easier defended , than one of four miles with double the number . now , there are but two ordinary wayes of increasing the people ; that of generation , and that of drawing them from other countries : the first is a work of time , and tho it wil not presently do our business , yet is not to be neglected ; i have shewn how it may be hasten'd by obliging to marriage , and more might be added , by erecting hospitals for foundlings , after the manner now used in other countries , and practised with great advantage in paris , by the name of l'hostel pour les enfants trouves ; where there are now reckon'd no less than four thousand . this in all parts of england , especially london , woud prevent the many murders and contrived abortions now used , not only to the prejudice of their souls health , but that of their bodies also , and to the general dammage of the public ; this woud likewise be an encouragment to the poorer sort to marry , who now abstain to prevent the charge of children . strangers are no otherwise to be invited , than by allowing greater advantages than they have at home ; and this they may with more ease , receive in england than in any part of europe , where natural riches do much abound , viz. corn , flesh , fish , wool , mines , &c. and which nature has bless'd with a temporature of heathful air , exceeding al northern , and not inferior to most southern countries ; has given it commodious ports , fair rivers and safe channels , with possibilities of more , for water carriage ; these , with what follows , woud soon make england the richest and most powerful country of the world. naturalization without charge , plain laws , and speedy iustice , freedom in all corporations , immunities from taxes and tols for seven years , and lastly , liberty of conscience ; the restraint of which has been the greatest cause at first of unpeopling england , and of it s not being since repeopled ; this drove shoals away in queen maries , king iames , and king charles the first 's dayes ; it has lost the wealth of england many millions , and bin the occasion of spilling the blood of many thousands of its people . 't is a sad consideration , that christians shoud be thus fool'd by obstinat religionists , in whom too much stiffness on one side , and folly and perversness on the other , shoud have bin equally condem'd , being indeed the effects of pride , passion or privat interest , and altogether forrein to the bus'ness of religion ; which , as i have already told you , consists not in a belief of disputable things ( of which if either part be tru , neither are to us necessary ) , but in the plain practice of piety , which is not incompatible with errors in iudgment . i see not therefore , why the clergy shoud be wholly heark'nd to in this affair , since 't is really impertinent to the truth of religion ; and i dare appeal to all the sober understanding and considerative men of the church of england , whether the opposition of this be not wholy founded upon interest , which being but of particular men , ought not nor wil not ( i hope ) weigh more with the parliament , than that of the public , which is so highly concern'd in this matter . and tho it may be objected , that as affairs of religion now stand , none need leave england for want of toleration ; yet certain i am , without it none wil return or com in a-new . and if our neighbors thrive , and increase in people , trade and wealth , we continuing at a stay , or growing stil poorer and poorer , by that means rendred unable to resist a forrein power , are like to fal into such hands , as wil force us to worship god after the way which almost all of us now cal heresy , and many idolatry . which induces me to conclude , that nothing , but inconsideration , can move even the clergy to oppose this thing , on which their own as wel as the safety of all others do's so very much depend . but in regard the defects of trade can't presently be supply'd by bringing in more people , because a work of time , it is necessary to make those we have useful , by obliging the idle and unwilling to a necessity of working , and by giving the poor that want it a ful imployment : this wil in effect be a great increasing of the people , and may be easily compass'd if work - houses be erected , in several parts of the kingdom , and all persons forc'd into 'um , who cannot give a satisfactory account of their way of living ; this woud prevent robbing , burglary , and the cheats of gaming , counterfeiting of hands , mony clipping , &c. by which our lives and fortunes woud be much better secur'd ; this woud put men's wits upon the rack , hunger which eats thro stone-wals , woud make them in getting their livings by the sweat of their brows , masters of arts ; a degree perhaps more useful to the common - wealth , than those of the university . this woud put them upon the invention of engines , whereby their labor woud not only becom more easy , but more productive of real advantages to the whole ; rendring the poet's fable of briareus his hundred hands , a certain truth ; one man doing more by an instrument , than fifty or a hundred without it . wit wil , thus in som measure , make amends for the want of people ; yet so dul and ignorant , so insensible of their own good are the vulgar , that generally instead of being pleas'd , they are at first almost implacably offended at such profitable inventions . but it appears , the parliament had another sense of things , in that they allow'd the advantage of fourteen years to the inventor : which law , with submission , might be alter'd to better purpose , if instead of a fourteen years monopoly , som reward out of the public stock were given to the ingenious . that the many supernumeraries in divinity , law and physic with which the kingdom ( especially london ) swarms ; all mountebancs and pretenders to astrology , together with the supernumeraries in all manner of retailing trades ( even the trade of merchandizing has too many hands ) especially all pedlers or wanderers , that carry their shops on their backs , lap-women , &c. who contribute little or nothing to the charge of the state ; be par'd off and made useful to the public ; to which , by the vast increase of these , and the great number of idlers and beggars , not above two thirds even of the ordinary sort can be lookt upon as bringing in any real advantage ; the other third , but like droans , living on the labor of the rest . and to speak more freely , 't is unreasonable and impolitic , especially in a great and over-grown city , to suffer any retail-trades to be manag'd by men , when women , with the help of a few porters , about the most cumbersom things , may do it much better ; they wil invite customers more powerfully than men can , and having nothing to do in the way of their shop-trades , wil not be idle , their needles employing them ; while the men perhaps , from two , three or four , to seven lusty young fellows , sit idle most part of their time , with their hands in their pockets , or blowing their fingers ; few of these sort of trades finding one with another , above two hours work in the whole day : the men woud study som more beneficial employments ; and the women having by this means somthing to do , woud not as now , induc'd by idleness , more than want , be occasions of so much wickedness and debaucheries , to the general prejudice of the common-wealth , and the particular ruin of many good families . to set on foot the fishing trade , and to allow to all such as wil undertake it , strangers or natives , the same benefits and priviledges i have mention'd for the bringing in of the former ; and i think , if beyond that , houses were built for them in linn , or yarmouth , &c , at the public charge , rent-free for seven years , every man woud say , it were for the general good , who considers that this trade is the only basis of the grandeur and power , that the states of holland are no less lords of , in europe , than in the east-indies ; to which it has rais'd 'um in less than an hundred years , from the poor and distressed states , to be one of the richest and mightiest of the known world : this i coud at large make appear , but that it having bin don already , with the want of time , hinders me . i wil only say , that holland has not the tenth part of those natural conveniences for effecting this , england , scotland or ireland have . that the same encouragements be given to all such , whether natives or forreiners , that shal joyntly carry on the particular manufactures of iron , tinn , earthen-ware , and linnen , &c. in the last , at three shillings four pence an ell one with another , is reckon'd consum'd by us above six hundred thousand pound ; all which might be sav'd and the poor set at work , by promoting that trade within our selves . to restore the woolen manufactures almost decay'd , and to take the same care in that , and all other , as the dutch have don in that of the herrings ; the neglect in this has been a main reason , that our cloathing-trade is much lessen'd ; reputation in commodities is as necessary , as in the venders : which makes the dutch , even at this day , put on english marks , and thereby for the antient credit ( now in a manner lost ) ours were in , they have gain'd for their own manufactures the markets we want . the decay of our cloathing-traffic has been occasion'd by several accidents ; one , and no final one , is that of companies , which indeed are as much monopolies , as if in one single person ; they ruin industry and trade , and only to enrich themselves , have a liberty , by which they impoverish the rest of the common-wealth . whatever reason there was for first erecting them , viz. to begin or carry on som great undertaking , which exceeded the power of particular men , there appears less or none now for their continuance . the enjoyment of liberty and property requires that all subjects have equal benefit in safety and commerce ; and if all subjects pay taxes equally , i see no reason why they should not have equal privileges . and if part of those taxes be impos'd for guarding the seas , i do really believe it woud be more advantage to the king , to send convoys to the east-indies and to guinea , with any of his subjects trading thither , than to allow these two companies the sole benefit of ingrossing those trades ; tho i think no others , but they , being at considerable charge and expence , ought to be continu'd . and since the east-india and african companies , especially the first , impose what rates they please upon their commodities , why shoud not they pay , for that power of taxing the subject , a considerable present proportion for carrying on the war , and a yearly round sum to the state , to ease the rest of the people , who are debar'd those advantages ? in my opinion , gratitude to the king , as wel as iustice to the subject , shou'd invite them to give a considerable standing yearly revenu to the crown . this may be policy too ; for then perhaps , they need never fear their dissolution , notwithstanding the clamors and many mouths now open against them . but if it shal be not thought fit , to take away all companies , why shoud it not be lawful once a year for any one , that pleas'd , to be made a member , paying in his quota ? this , i confess , woud make it useful to the public , because the trade woud be manag'd by fewer hands , consequently to more profit , and every one being concern'd , there coud be no complaint . but whatever is don in point of trade , particular corporations of artificers ought to be broke ; they , as now manag'd , are incouragements to idleness , impositions upon the rest of the people , and an unreasonable enslaving of apprentices , who in three years , for the most part , may be as wel masters of their trade , as in seven : but the advantage is , that when they com to set up for themselves , they commonly turn gentlemen , and cannot afford to sel a cabinet under fifteen pound , because they must eat wel and drink wine ; tho they own a dutch-man or a frenchman , that does not so , may afford as good a one for twelve pound : this of the cabinet is a late and a true story , and to my own experience , 't is the same in most , if not all other trades . the fish-monger's company is of all others , the greatest nusance to the public , to the most useful part thereof , the poor artificers and laborers ; i was credibly inform'd at my last being in london , by two substantial citizens , that they throw part of their fish away , to inhaunse the valu and price of the remainder . that for these , and many more reasons i coud give , it were convenient , that every city and town corporate consisted but of one company , into which , without charge or formalities of freedom , every man native or alien , ought to be admitted , that payes his propotion of taxes and assessments . and in order to the bringing in forreiners , our native unmanufactur'd commodities ought to be strictly prohibited to other countries ; more particularly that the exportation of wool from england and ireland be restrain'd ; which wil be better don by imposing a vast duty upon it , as of thirty or forty shillings a stone or tod , than by making it felony ; adding over and above great pecuniary mulcts , if shipt without payment of duty ; if this were enacted , many woud turn informers , who now out of tenderness of mens lives , forbear the discovering this injurious practice ; for prevention whereof , great care ought to be taken ; since the vast quantities of wool exported from england and ireland into france and holland , have in a manner destroy'd the great staple of england , the woolen-manufacture , lower'd the rents of land , and beggar'd thousands of people . by this the dutch and french are inabled to make useful both their own and spanish wools , which woud otherwise be insignificant and ineffective of any considerable purposes ; one being too fine , the other too course , without mixtures of english or irish wool. those , by greater labor and frugality , who heretofore were furnisht by us , do now not only supply themselves , but also undersel us abroad ; and as if that injury were too little , we are content , by wearing their stuffs , to give them an opportunity of undermining us at home . if you consider these things seriously , you wil with me be perswaded , 't is not the great increase of wool , in england and ireland , that makes it a drug , but the practise of carrying it abroad ; and our not being satisfi'd to ape and mimic the french modes , but further to wear their stuffs , tho far inferior to our own . i have heard it demonstrated , by knowing men , that it woud be englands great interest , to work up all their own and irish wool , tho they shoud afterwards burn it when in stuffs and cloth ; and i am convinc'd their doing so one year , woud not only maintain the poor and habituat them to labor , but be as great an advantage in the sale of that manufacture , both at home and abroad , for the future , as the burning part of their spices , is to the dutch. but i am of opinion there woud be no need to burn any , for that which is now useful in wool , woud not be less so in cloth. i have seen a computation by which it appears the working up all our own and irish wool , which england can do to better purposes than a part , while the remainder is transported to other countries , woud be many millions in the wealth of the people , and as many hundred thousand pounds sterling in the kings coffers . for if we kept this commodity at home , we shoud not only give a ful employment to our people , but necessitat those who now in france and holland maintain themselves by this manufacture , so soon as their stocks were spent , to find new arts of living , or else convey themselves hither , which of the two , is certainly the most probable . thus we shoud doubly increase our wealth and our people ; the latter by consequence raising the rents and valu of lands , in duplicat proportion ( as i coud demonstrat ) to what they now yield . for a short instance observe , that if there be a thousand people in a country , the land whereof is worth a thousand pound per annum ; and at twenty years purchase twenty thousand pound . if they be encreas'd half as many more , or to one thousand five hundred people , the rent of the land wil likewise be half as much more viz. one thousand five hundred pound , and the number of years purchas not only twenty , but half as many more , viz. in all thirty ; which makes the valu of the inheritance amount to thirty times one thousand five hundred or forty five thousand pound . the reason of which is founded on this undeniable maxim , that land is more or less valuable , as it is more or less peopl'd . when heretofore all the wool of england was manufactur'd in flanders , it yielded but six pence a pound ; but soon after the restraint of it in edward the thirds time , the manufacturing all at home , rais'd it to eighteen pence a pound , and brought in to the kingdom great numbers of flemmings and walloons . to incourage this further , all persons whatsoever shoud wear nothing but stuff and cloath of our own make ; the ladies to have liberty to wear silk but in summer . i am told that within these six months , to encourage a woollen manufacture newly set up in portugal , no man , native or stranger , is suffered to appear at court in any other . that useful neglected act , of burying in woollen , shoud be strictly put in execution ; not prohibiting the people , if they wil be so foolish ( but probably a little time wil make them wiser , than ) to throw away linnen too , which if they woud make at home , might be the more tolerable : the way i conceive by which it may be easily don , is , to injoyn the minister under penalty of deprivation , with allowance of mony to the informers , not to bury any one , whose corps or coffin , they do not see cover'd with flannel . and since death is said to be the sister of sleep , or rather since sleep is the representation of death as our beds are of our grave , or indeed , that death is but a very long night , if we shoud not only bury , but ly in flannel sheets , at least the long cold winter nights , i have bin assur'd by our old friend — that this practise , after a little use , woud be found no less for the health , if not som voluptuousness of our natural bodies , than the other woud prove for the body politic ; and i am the more induc'd to believe this assertion , because physitians prescribe flannel shirts to som persons for their health ; i am certain the more ways are found for the consumption of this manufacture , the richer our country woud grow , by lessning the use of forrein linnen , so greatly advantageous to our neighbors of france ; whom we love so dearly , that we study how to serve and enrich them , tho to our own impoverishment and ruin. besides this course , not a lock of wool shoud be permitted into the islands of iersy , guernsey , aldarney or sark ; under colour of what is allow'd , they are enabled , to supply their own occasions , and carry much more ( of which i am wel assur'd ) to france ; which reaps the benefit of the great industry of those populous islands ; to make them beneficial , at least not hurtful , to england , is to deny them wool ; if that woud bring the people thence into this country , it wil prove a double advantage . and lastly , i think the only certainty of keeping our wool from forreiners , is to erect a company by the name of state merchants , or oblige the east-india company , whose stock and credit wil enable them with ease , to buy up at good rates yearly , all the wool of england and ireland which manufactur'd at home , woud bring them in a little time , as profitable returns , as those from bantam , &c be many millions in the riches of the people , by raising the rents , &c. an● hundred thousands in the kings ex●chequer , employ thousands of our poo● now starving , and invite in many o● other nations to the great encrease of our strength and wealth , and so prove no less a particular than an universal good . that all forestallers , regrators and higlers be prevented , who now doe as much mischief to the city of london , as formerly purveiance did the kingdom . that the present confus'd business of weights and measures , which appears by many statutes to have bin the care of our ancestors , be fully ascertain'd and adjusted . and because this does greatly tend to the regulation of trade and administration of iustice , it were convenient particular persons were impower'd , who shoud receive complaints and correct abuses , in those and all other penal statutes referring to trade , by some more speedy course than that of information or indictment , &c. that no particular person or incorporations have any places priviledg'd against the kings writs . that the parliament woud be pleas'd to redress the great obstruction of iustice by protections , of which no less than sixteen thousand are said to be given in and about london . i am perswaded that either the report is a mistake , or that the member's hands are counterfeited ; for 't is very unreasonable to believe , the makers of our laws woud prevent their execution ; but be the case one way or other , the evil may be easily remedyed by the members registring the names of their servants in the house , at the beginning of the sessions and upon the alteration of any . that all manner of courts in corporations , whether by grant or prescription , be taken away , because of the many abuses dayly committed : and in every corporation a court of merchants erected , for the quic dispatch and determination of all controversies relating to trade and commerce ; every man to be oblig'd to tel his own story , without charge or the assistance of atturneys or lawyers . the iudges to be annually chosen five in number , together with two registers , one for the plaintif , the other for the defendant , out of the most experienced and best reputed citizens , or tradesmen ; no salary or fee to be paid to iudge or officer . to retrench , by sumptuary laws , the excessive wearing forrein silks , embroideries and laces ; to prohibit absolutly the use of silver and gold-lace , gilding or lackering coaches , &c. when riches are thus not so much us'd as abus'd , 't is no wonder they do not only moulder into dust , but take wing ( in solomon's phrase ) and fly away : our wiser neighbors in france and holland prevent this evil : the first make a shew , but at an easy and cheap rate ; the later leave off their cloaths , because they are worn out , not that they are out of fashion : our contrary practice in imported commodities make us complain , that trade is decaying ; in which our folly has made us a by-word among the french , as a people that consume our all on the back and the belly ; and if none spent more , the mischief were but particular ; but many are not contented to run out their own estates , but resolve to have the pleasure of undoing others for company . so long as we indulge our selves in this vanity , we may indeed have the satisfaction ( if it be any ) to talk of mending trade : but in spight of our chat , it wil stil decay , we shal buy and sel more and more , and yet live by the loss , til at last we are wholy broke . how long that wil be a doing , we may guess by the fal of the rents and valu of lands , not to be avoided while the ballance of trade is so much greater on the imported side than the exported . the way to make us rich , is to manage our trade in the same manner it was don in edward the thirds time ; to make the proportion of our exports , exceed our imports , as much as they then did ; by an account taken in the seven and twentyeth year of that king ( as cotton sayes ) our exported commodities amounted to pound , the imported but pound ; so that , the kingdom got clear in that year pound : by which it appears , that our present trade is about thirty times greater than it was then , tho we complain of its fal : 't is our own fault , we are so imprudent as to consume more of forrein goods , than we sel of our own ; this i am convinc'd we do in our french trade , 't is wel if we do not likewise play the fool in others . by the way , you may observe , that if we woud but moderate our expences , we might very wel bear our taxes , tho they were near thirty times greater than in that kings reign , even with allowance for the alteration of coyn. that the exportation of mony in specie , is so far from being a loss to the kingdom , that it may be gainful , as it is to legorn and other places : that tho we did not export any coyn , yet we shoud not be the richer ; since the over-ballance woud stil lye as a debt upon our trade , which it must somtime or other pay in that or another commodity , or otherwise break. and that the council or committee of trade may find out the wealth of the kingdom , which woud serve to many good purposes , by making a yearly account of the goods imported and exported ( best known by the customs , and has been calculated by a friend of mine in another country ) these ought at least every seven years to be reviewd , ( supposing the life of commodities not longer than that of man ) . and , according to their alterations of usefulness or necessity , to our selves or others , the impositions to be chang'd . and here i must take leave to assert , that all imported commodities are better restrain'd by the height of imposition , than by an absolute prohibition , if sufficient care be taken to oblige the importers to a ful and strict payment ; for this woud be a kind of sumptuary law , putting a necessity upon the consumer , by labor to enlarge his purse , or by thrist to lessen his expence . and i am the more induc'd to this , by my observation , that notwithstanding the several acts , prohibiting the importation of many forrein commodities ; yet nothing is more worn or us'd , especially the french , in which trade , if the over-ballance ( which is said to be above pound ) were loaded with the charge of eight shillings in the pound , it woud make the consumption of those commodities pound dearer ; and if that woud not restrain our folly , it woud help to ease us in the public taxes ; whereas now they are all imported without any other charge , than what is paid for smuckling , to tye up the seamen's tongues , and shut officers eyes . to prevent this , it were fit , that men were undeceiv'd of the notion they have taken up , that the law do's allow 'um their choice , either to pay the duty , or the penalty if taken ; which sure cannot be the end of any law , which designes obedience and active compliance with what it injoins , not a disobedience or breaking what it positively commands . if penal statutes be only conditional , then the traitor , the murderer or the thief , when he suffers the punishment of disobedience , may be cal'd an honest man , and in another signification than that of the scotch phrase , a justify'd person . but the idle and unwarrantable distinction of active and passive obedience has don england greater mischiefs . the revenu acts give not the same liberty , that those acts do , which oblige the people to go to church , or to watch and ward under pecuniary mulcts . in these a power of choosing was designedly left , which by many circumstances appears otherwise intended by the other . and indeed , the practice is not only unjust , but abusive to the whole body of the people , who pay as dear for what they buy , as if the duty had bin paid to the king , not put up in a few privat mens pockets . it may likewise hinder trade ; for if the smuckler please , he may undersel his neighbor , who honestly thinks , 't is a cheat and a sin , not to give caesar his du : therefore , a seal or som privat mark shoud be contriv'd , for all sorts of commodities , and power given to seize them when and where-ever met , in merchants , retailers or consumptioners hands . and to prevent the passing forrein commodities , as if made at home , for which lest any of these last shoud pass , they shoud in the town where they are made , or expos'd to sale , be first mark'd or seal'd , in an office purposely erected , without any delay or charge to the people . that , that part of the act of navigation be repeal'd , which appoints three fourths of the mariners to be english : why not scots , irish or any of the kings subjects , or even forreiners , so the ships do really belong to owners resident in england ? we want people , therefore ought to invite more , not restrain any . this act is a copy of that made by the long parliament and their general , the usurper , who being in war with scotland and ireland in rebellion , thought fit to deny them equal privileges in commerce . but this loyal parliament wil , i hope , consider , that the three kingdoms are not to be thus divided in interests , while under one monarch . that his naval power , their joint strength , is increas'd by the growth of shipping in any of ' um . if the sence of this wil not prevail upon them , to allow 'um the same freedoms , yet sure i am , they must from thence perceive , england wil have a great advantage by suffering all the kings subjects of ireland and scotland , to enjoy the benefit of this act. that there be two free ports appointed ; one in the south , another in the north , with convenient rules and limitations that the duty impos'd upon any of our exportations , whether of our own growth or manufacture of forrein materials , be not so high as may either wholy restrain those abroad from buying , or enable others to furnish them cheaper . that education of children in forrein parts in colleges or academies be prohibited , and provision found or made at home for teaching languages and the exercises of rideing , fencing , &c. that banks and lombards be speedily erected ; this in a little time woud make a hundred pound to be as useful to the public , as two hundred real cash is now . but in order thereunto , let there be a voluntary registry of land , &c. which in a few years wil raise their valu considerably . by this way no man indebted or whose estate is incumbred is obliged to make discoveries . yet if he has but half free , the registring of that , wil the better enable him to discharge the other part . if a registry must not be obtain'd , that , at least , the selling or morgaging over and over , secret conveyances , deeds of trust or any other trics , by which the lender or purchaser is defrauded and abus'd , be made felony , without benefit of clergy ; and the cheating person oblig'd to pay the sufferer treble dammage , and as much more to the public . this , which certainly , all honest men judg as reasonable , as what is practis'd for far smaller evils or offences , wil , without any innovation in the laws , or other alleg'd inconveniences to the people , secure us in our rights , and perhaps answer al the ends of a registry ; of which , tho very convenient , i am not so fond , as to think or believe , it wil so suddenly , or to that height , as is said , raise the rents and valu of lands ; to this it can contribute but by accident , as it invites strangers into the kingdom ( for i have already told you , that the greater or smaller number of people is the only tru cause of the dearness or cheapness of land and of labor or trade ) yet even this it cannot do , without abolishing the law , disabling aliens to purchase and hold before naturalization , necessary without dispute to be immediatly taken away . nor woud it a little contribute to the general good , that all merchants and tradesmen breaking shoud be made guilty of felony , their goods to the creditors , if they did not plainly make appear , by their true books , their losses and discover what ever they have left , and without the unjust and cunning artifices of composition , give way for an equal divident among the creditors . and that the many abuses of the kings bench prison be reform'd , which , as now manag'd , is made a santuary and place of refuge and privilege , for all knaves that desine their own privat interest , to the ruin of others , whose confinement is no narrower than from the east to the west indies . that all bonds and bills obligatory , statute merchants and of the staple , recognisances , iudgments , &c. be enacted transferable and by indorsement to pass as current as bills of exchange , and made recoverable by a shorter course of of law , than now practis'd . that is to say , that upon actual proof of the perfecting and last assigning of the deed , iudgment and execution be obtaind . this wou'd wonderfully enliven trade , make a new species of coyn , lower interest , secure in a great measure dealers from breaking , and find mony to carry on the trades of fishing , linnen , woollen , &c. that til the propos'd regulation of the laws can be effected , to avoid the trouble and charge of iuries in many cases and other unjust vexations , the meets and bounds of the denominations of all lands , mannors , parishes , commons , hundreds and countyes , all prescriptions , usages and customs , and the iurisdictions of all inferiour courts be fully inquir'd into , and truely registred in one book or books ; copies to be printed and the original to be and remain of record , as the doomsday book in the exchequer : by which all disputes concerning the premises may be speedily and cheaply decided . there are but two objections against this public good , and were they unanswerable , yet since they are but particular and selfish considerations , they ought not to take place ; the first is , that the useful and laudable calling of the lawyers , wil be prejudic'd . the next , that , the many , who now live upon credit , wil be undon . as to the first , by this work the present lawyers wil be so far from suffering , that for ten years to com rather than lessen , it wil increase their business ; which according to the ordinary computation of mens lives , or their hopes of being promoted , wil be a greater advantage to them , than if things continu'd as they are : and for those , who propose to themselves this way of living , there wil be stil grounds enuff for the practtise of som and many new imployments for others . so that if these gentlemens present great practise woud give them leave to look forwards , they woud find they are more scar'd than hurt . as to the second sort , who likewise believe they may be damnifi'd , that fancy wil also vanish , if it be consider'd , that it wil enlarge rather than destroy credit . for we wil suppose , that a young merchant or tradesman , who has . pound stock , does not trade for less than . pound , the merchant that sells him the commoditys upon the belief of his being honest , industrions , prudent and sober , gives him credit , and takes his bond payable at a certain day ; this person , that he may be able duly to discharge his obligation , in like manner , trusts another , whom he supposes able and honest ; for all receive credit as they really are or appear such ; as soon as his bond becomes du , he takes up his own , and gives that he receav'd to his creditor , who perhaps gives it to another to whom he is indebted ; at last the mony is call'd for , from the country gentleman ; the country gentleman gives him an assignment on his tenant , who either is or is not indebted ; if the tenant owes the mony , he payes it in specie , or assignes him upon som merchant , for the valu of commodities sold him , the fond enabling him to pay his land-lords rent ; and thus perhaps by a circulation of traffic , for all men from the highest to the lowest are one way or other merchants or traders , the first man is pay'd with his own paper : if the tenant does not ow the land-lord the mony , and therefore wil not pay , the land-lord is immediately necessitated to sel or morgage som part of his estate ; which if he refuse , the law forces him , and the credits of the rest are secur'd . the consequences are plainly these ; that men must be careful , with whom they deal ; that they must be punctual & thrifty , lest they first lose their credit , and afterwards becom beggars : for , he that rightly considers , wil be convinc'd , that every man in a society or common-wealth , even from the king to the pesant , is a merchant , and therefore under a necessity of taking care of his reputation , not seldom a better patrimony , than what descends to us from our parent 's care. that by this practice , the kingdom wil gain an inexhaustible treasure ; and tho there were not a hundredth part of the mony , be able to drive ten times a greater trade , than now it does . a man thus enabl'd , to live and trade without mony , wil be in no need of running-out his principal in interest , by which too many for want of consideration , are insensibly undon , involving many more in their ruin. without these , or som other new courses , you may be assur'd , that our trade , consequently our power , wil every day decay , and in a few years com to nothing . but som imagin , that we need not trouble our selves in this matter , it wil shortly fal in of course to our country ; for that as learning took its circuit thro several parts of the world , beginning at the east , so must trade too : but who-ever believes this wil com to pass without human means , labor and art , entertains wrong notions of providence . i do believe the great wheel is always in motion ; and tho there be a constant circumgyration of things , yet 't is idle to fancy , that any thing , but troubles or war , oppression or injustice , wit or industry makes trade or learning shift their places in the same country , or alter their abode from that to any other . if we look into histories , we shal find these have bin the causes of their migration ; and that trade and learning , usually go hand in hand together . having already asserted , that trade and commerce are to be improv'd and carry'd on , the more vigorously , by how much the more labor and thrist are increas'd ; and that the making idlers work , is in effect , an increasing the people : and that all such shoud be forc'd into several work-houses , which tho the parliament has taken into consideration , yet for want of stock , is not hitherto put in any forwardness , i wil now give you my thoughts , how this may probably be brought about , with little or no charge , but to such only , as upon prospect of advantage , do change the scenes of their lives , as by marriage , imployments , callings , &c. or by assuming new titles and degrees of honor ; and consequently as their respective proportions , or payments are here propos'd , they cannot account them burdensom or grievous . to perfect this , i think it necessary , that all hospitals , alms-houses and lands for charitable uses , be sold , & more stately and convenient ones erected ; into which , none but diseased persons , or others perfectly unable to earn their living , shoud be receiv'd . and to the end they might the sooner be restor'd to health , a convenient number of physitians , nurses and tenders ought to be appointed , and sufficient salaries establish'd ; england , to her great shame , is in this instance , much behind her neighbors of france and holland ; in the practice of which , i know not whether there be more of charity , or of policy , of heavenly or of earthly interest . that the several directions of the act , for raising a stock , be strictly put in execution . that all fines for swearing , drunkenness , breaches of the peace , felons goods , deodands , &c. for a certain number of years be converted to this use ; this woud bring in twenty times more than is now receiv'd on these accounts and may perhaps prevent the late much practis'd trick of finding all felo's de se mad . that all contributions for maintenance of the poor ( which are so considerable , that i have bin told , in som single parishes in london , they amount communibus annis , to five thousand pound a year ) be added to this stock . and that it be further enacted , that every man at his admission to freedom , pay one shilling ; upon marriage , what he thinks fit above one shilling . every clergy-man at ordination , ten shillings , at instalment into any dignity , twenty shillings ; arch-deacons , three pound ; deans , five pound ; bishops , ten pound ; arch-bishops , twenty pound . gentlemen upon admittance into the inns of court , ten shillings ; upon their being call'd to the bar forty shillings ; when made serjeants , or king's council , five pound . every man upon admission into the inns of chancery , three shillings four pence ; when sworn attorney , ten shillings . lord high chancellor , keeper , lord high treasurer , and lord privy seal , twenty pound . chief iustice , chief baron , chancellor of the exchequer , master of the rolls and atturney general , twelve pound a piece . every of the other iudges and barons , the sollicitor-general and the six clerks , ten pound a piece . the masters of chancery and other officers not nam'd in that or other courts , any sum not exceeding six pound a man , as shal be thought convenient , by the respective iudges . all knights , five pound ; baronets , ten pound ; barons , vice counts , earls , twenty pound ; dukes and marquesses , fifty pound . all aldermen of london , twenty pound ; of other cities and corporations , three pound . mayors , ten pound . all masters of arts in universities , twenty shillings . doctors of law and physic , forty shillings ; of divinity , four pound . heads and masters of colleges , five pound . all executors and administrators , that undertake the charge , two shillings . all persons entring into estates , either by descent or purchase , one shilling , over and above one shilling , for every hundred pounds per annum of such estate . that every sunday , there be collections in all churches of the kingdom , which with what shal be receiv'd at the communion , are to be thus appropriated : and that all street , door , and other charitable doles , in broken meat or mony , as the great encouragements and chief occasions of idleness and vice , be forbid under severe penalties ; that briefs be issued thro the kingdom , for voluntary contributions ; that the names of such as shal be eminently bountiful , be convey'd to posterity , by placeing their coats of arms , and registring their munificence in the respective work-houses of the city , corporation or county , where they live . i do not doubt , but in a very short time , a stock woud be thus rais'd , sufficient to imploy all the idle hands in england . and tho i believe , that after a little while , there woud be no need of using art , or severity in bringing people into these nurseries of labor and industry : the sweets of gain and trouble of idleness , which certainly is not the least of toyls to such as have bin inur'd to labor or business , being of themselves strong allurements ; yet to lay the first foundation with success , i conceive it necessary , that both men and women , who have no visible ways of maintenance , criminals of what quality soever , punish'd as before in the discourse of laws , the children taken out of the foundlings hospital , as soon as able to do any thing , be all sent to these work-houses . that the great numbers of people going out of this kingdom , scotland and ireland , to other parts of europe , be restrain'd , and none be spirited into the west-indies , or suffer'd to go abroad , unless to trade . that such as by infirmity or age are absolutely disabled , among which neither the lame nor the blind are to be reckon'd , be maintain'd and confin'd within the public hospitals . that every constable , in whose ward or precinct any beggar is found , forfeit twenty pound ; and the person or persons entertaining or lodging any , five pound , to the use of the work - house . that those who are commonly sent to the house of correction , or bridewel , and those found guilty of petty larceny , be sent to the work-house ; for that indeed whipping , the punishment intended for their amendment , does but take away the sense of shame and honor , rendring them impudent and incorrigible in their iniquities . but granting its operation so forcible , as to be able to reclaim them , yet certain it is , that its best effect is , but to hinder them from doing further mischief ; whereas by this course , not only that will be avoided , but a considerable profit redound to the public . to these also shoud be added all prisoners for criminal matters tho acquitted , if by circumstances they appear suspicious ; it being reasonable to conclude som , rogues and vagabonds , tho the evidence required by strictness of law , be not strong enuf to convict them . hither likewise are all to be sent , who for trivial inconsiderable causes , and somtimes out of pure malice , are thrown into prisons , and there forc'd to spend the remainder of their miserable lives ; the exorbitant extortion of fees , and the merciless rage of their enemies , swelling their debts beyond the power , or hopes of satisfaction ; whereby they becom not only useless , but a burden to the common-wealth . and because the benefit of clergy was introduc'd , for the advancement of learning in the ruder dayes of our ancestors , and that there is now no such need , the kingdom being so far from wanting , that it is rather overstockt in every faculty , with such as make learning a trade : and the intercourse of our affairs almost necessitating all others to read and write , i hold it convenient to take it quite away ; not only because useless , but because it is an encouragement to many , to trangress the bounds of the law. that all of what degree or condition soever , men or women , literat or illiterat , convicted of any of the crimes for which clergy is now allow'd , be condem'd to the work-houses for seven years , or pay to its use sixty pounds or more , according to their qualities . by what i have already said , you see i am no friend to pardons ; but if any must still be granted , that then any not a gentleman obtaining one , pay twenty pound , a gentleman forty pound , an esquire sixty pound , a knight-batchellor eighty pound , a baronet or other knight one hundred pound , a lord two hundred pound , a marquess or duke four hundred pound . the eldest sons of every of these to pay equal with the fathers . and in case after all this people shoud be wanting , ireland may furnish yearly , hundreds or thousands of its children ; which will prove not only advantageous for encreasing the wealth of england , but also for securing the peace and quiet of that kingdom ; by making so many of the natives one and the same people with us , which they will soon be , if taken away so young , as that they may forget their fathers house and language . and if , after seven , eight or nine years , when masters of their trade , return'd into their own , or suffer'd to abide in this country . i will not trouble you with recounting in particular , the many advantages that wou'd soon flow thro all the tracts of this land , from this source of industry , if thus supply'd with mony and hands . all trades and useful manufactures of silks , linnen , canvass , lace , paper , cordage for ships , iron , tin , &c. may be there set on foot , and carryed on to a far greater profit , than single men can drive them . in this work-house shoud be taught , the knowledg of arms , and the arts of war , on all festivals and holy dayes ; and the lusty young fellows sent by turns to sea , for a year or two of the time of this their state-apprentiship . by this means the king woud be enabled at any time without pressing , to draw out of this great seminary a sufficient army , either for land or sea-service . the wayes , methods and orders for regulating the several work-houses i coud fully demonstrat , did i not think it needless at present . 't is enuf that i here promise to do it at any time when the great council shall think fit to take this matter into consideration , or when you please to impose your further commands . but give me leave to say , that laying aside all other reformations of the state , this alone woud secure our lives and fortunes , from violence and depredation , not only increase our wealth and power beyond what now it is , but make them far exceed , whatever any of our neighbors are possest of ; and consequently establish a firm and lasting peace at home , and make us terrible to the nations abroad . this great happiness is the wish of every tru english-man , but can only be effected , by the care and wisdom of the king and parliament ; to whom i most passionatly recommend and humbly submit it . i have now at length run thro all the parts , of my uneasy task ; you wil say , i doubt not , very slubberingly ; to be before hand with you , i do confess it ; i never undertook any thing more unwillingly , & therefore have perform'd it , not only il , but carelesly , studying nothing so much , as to com quicly to an end ; which indeed was my greatest labor ; the fields you commanded me to take a turn in , were so spacious , that being once enter'd , considering how short a while you oblig'd me to stay , i coud not easily find my way out again ; which put me to a necessity of running , and the hast not giving me leave to see the rubbs in my way , forc'd me to stumble : what i have don can serve to no other purpose , than for hints to enlarge your better thoughts upon . had these papers bin worthy , i woud have presented them by way of new-years gift ; but that was not my fault ; most of what you meet with here , we have often discoursed with our — you must not read them to any other : for i am perswaded they woud tel you the man was mad : perhaps i was so for writing , but i am sure i have yet madder thoughts , for i do seriously believe all i have here said is tru ; and this to boot , that , the world is a great cheat ; that an honest man , or a good christian is a greater wonder , than any of those strange ones , with which sir h. b. has often entertain'd us . this you are sure of , i have spoken nothing for interest ; i am but a bare stander by , no better , and therefore neither win nor loose , let the game go how it wil. but to trifle no more , i am not concern'd what any think ; i live to my self , not others , and build not my satisfaction , upon the empty and uncertain vogue , or opinion of men ; if i did , i should put into their power , to make me unhappy , when ever they please . to conclude , the result of all i have here said is , that england might be the happiest country in the world , if the people woud be content to make a right use of their power ; that is , to act by the rules of reason , on which their own constitutions are founded : for since they have the power of reforming the old and enacting new laws , in which every man ( the poorest that is worth but forty shillings per annum ) has his vote , no man can be offended , with his own act ; but if he be , the remedy is at hand . so that here every one living according to reason , and that making every man a iudge , all must see to their great comfort , that the interest of the king and people is really one and the same ; that the common good is every single mans ; and that who ever disturbs the public , injures himself ; which is to the whole the greatest security imaginable , and to every privat man a lasting happiness . that the laws are not exact , because the parliament harken to the counsel that , not the lawyers , but their interest dictates ; neglecting to follow that advice , which they may have for nothing , viz. let the counsel of thine own heart stand , for there is no man more faithful unto thee than it : for , a mans mind is wont to tell him more , than seven watch-men , that sit above in an high tower. that is , consult with no man who advises with regard to himself ; which is plain from these words . every counsellor extolleth counsel ; but there is that counselleth for himself ; beware therefore of a counsellor , and know before what need he hath , for he wil counsel for himself ; lest he cast the lot upon thee and sar unto thee thy way is good , and afterwards he stand on the other side to see what shal befal thee . whether this be a prophecy of what the lawyers will do ; or a bare narration of matter of fact , what they daily practise , i leave to every discerning mans iudgment . the short of this , is to advise , that in making of new laws , or in altering or repealing the old , the members trust not the gentlemen of the long robe , unless they promise to joyn the law and the gospel ; to give their advice without mony , or the hopes of gain : and yet if their charity or generosity shoud perswade them to undertake the cause thus in forma pauperis , that they give sufficient security , not to starve it ; that is , not to be back-ward in their giving advice according to conscience , not interest . when this is don , we are not secur'd unless the parliament provide that no infringer of the laws be pardon'd ; that is to say , that equal iustice be distributed , making no distinction between the persons of the highest and the lowest , when their crimes have made them equal . which can't probably be otherwise effected , than by constituting , as is don in venice , a new magistracy of public censors , who shal have inspection into the actions of all the courts of iudicature , and public offices whatsoever ; whose account shal by the parliament be receiv'd as authentic , and make the offenders obnoxious to degradations and pecuniary mulcts , to the satisfaction of the injur'd and a farther overplus to the public , unless in their judgments the accused fairly acquit themselves . that religion , as now manag'd , is made an art or trade to live by , and to enable the professors to abuse the credulous and unwary . that if intrest be not remov'd , and not opinions , but a good life be the character to distinguish real christians , from those who pretend themselves such , we shal never have peace here , nor assurance of happiness hereafter . that in granting liberty of conscience clergy mens advice is not to be harkn'd to , unless they wil resine their livings and dispute only for truth . that toleration is at this time , more especially , for three great reasons absolutely convenient ; first , to unite us at home ; next to enable us now and hereafter to resist the power of france ; this certainly requires all our strength which without union we cannot have : the third and great reason , to advance our trade . that the french are to be stopt in their career ; that to do so , it is necessary , a large and sufficient revenu , for ever ( if it be don wisely ) be fixt and setl'd on the crown , on the state ; i do not say , on the person of the king , for he is indeed , if rightly consider'd , but god's steward , and has so great a share in the trouble , that it is an unresolved question , notwithstanding all his glory and power , whether the roses of the crown make amends for its thornes , and , whether the softness of any lining can ease the weight of the burden he undergoes ; whose nights and dayes are made restless , by the pressures of that mighty care , to which , by the safety of three kingdoms , he is continually sollicited . if half a loaf ( as they say ) be better than no bread , 't is more eligible to part with som , than to expose all to the mercy of an enemy and conqueror ; from whom the greatest favor we can expect , is to becom , not a subordinat kingdom , but an enslaved province . that trade , is to be promoted , by all possible care and diligence , because by that we must be enabled to pay our taxes ; without which , we cannot withstand forrein violence . that trade is to be better'd , by inviting more people into the kingdom and employing all the idle hands we already have : that this is to be effected , by proposing advantages and rewards to strangers ; fit employments , threats and punishments to natives , by ascertaining all , ease and security in their persons , estates and purchases , by an uninterrupted and speedy course of iustice , firmly establishing the three great satisfactory desirables , liberty , property and religion . salus populi suprema lex . from — this th . of ianuary , / . sir , i am , &c. finis . errata . the reader is desir'd , before he runs thro this discourse , to mend with his pen , these few errata's , which are all that alter the sense . in the title page for ( member in ) read member of . p. . to the reader l. . r. unfashionable rigid vertu . p. . l. . r. destructive . p. , l. . r. grace or policy . p. . l. . r. actual summons . p. . l. . r. arising . p. . l. . r. a red sea p. . l. . r. finess . p. . l. . for ( unequal ) r. uneasy . p. . l. . r. claim a greater . p. last line , for ( make ) r. may . p. . l. . r. many many . notes, typically marginal, from the original text notes for div a -e de trinitate lib. . circa finem . epist. isaac . casaub . epist. . pag. . tertull. ad scap. cap. . lactant. lib. . c. . chrysost. homil. . in matth. sulpit. sever. lib. . c. , , &c. athanas. epist. ad solitarios . cod. iust. l. . tit . . de haereticis &c. cod. theod. . . sulpit. sever. lib. . c. . optat. cont. parmen . l. . c. . aug. contra epist. c. , . de gubernet . dei , lib. . pag. . notes for div a -e of the rise and power of parliaments . origin of government . of laws . of the courts of iudicature . of liberty and property . of religion . the interest of england , in refrence to france of taxes . of trade . magister artis ingeniqque largitor venter — a second return to the letter of a noble peer, concerning the addresses approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; 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(eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a second return to the letter of a noble peer, concerning the addresses halifax, george savile, marquis of, - . p. printed for ralph stamp, [london] : . a reply to the addresses importing an abhorrence of an association. "a reply to the second return" suggests that the marquis of halifax is the author of the present piece; sir walter scott in the nd ed. of the somers tracts concurs, but foxcroft in his ed. of halifax's collected works denies the possibility. caption title. imprint from colophon. place of publication from wing. reproduction of original in british library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng addresses importing an abhorrence of an association. great britain -- history -- restoration, - . great britain -- politics and government -- - . - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion a second return to the letter of a noble peer , concerning the addresses . my lord , the favour you conferred upon me , to permit me to write to your honour , with a condescending invitation , occasioned that of march the th . directed to your hand ; in which , my thoughts of the numerous addresses seemed to me so plainly set down , that no mistake could ensue : yet it hath otherwise happened , and your answer , although not altogether differing from my expectation , is not wholly such , nor so ingenious , as i expected . i could have wish'd , that as you printed the answer , you had with it published my letter , which gave the occasion , that if any knowledge of the persons between whom this intercourse is used , should give the world occasion to repeat our names , and descant upon our judgments , i might not appear , after so much resolute constancy , now dotish and fluctuating . but for your whole discourse , noble peer , i must be plain in telling you , that not i , but the likeness of it to that speech you made in the house , which being published , the hangman committed to the flames , hath publish'd you the author : and you do so mince this association , and turn and wind it so tenderly , that it seems your own projection , and a brat so taking in your affections , that every abhorrence of it is a daggers point at your heart . you are much in labour to have it believed never to have a being , thinking that way to secure it from the zealous abhorrors , and yet at every other turn , your fondness of it makes you break out into commendations of it's pretty features and usefulness . indeed , your shiftings shew you have something of a debauch'd modesty left , and that you are ashamed of what you so much love ; my willingness to excuse what will bear it , saith this of you : but the generality cry out upon your impudence , in saying , an association pretended to have been seized in the e. of s's closet , when nothing was ever more exactly proved , nothing more unquestionable and free from dispute , nothing more defended by that lord's clientage , and even owned in the court by two of his compurgators , ( for they acted such more than jury-men ) who looking upon it , said , this is the same with that which we saw produced , and promoted in the house of commons . and by the way , you may take notice what justice was like to be done the king , when his cause was in the hand of persons guilty of the same conspiracy ; for , should they have found the bill , they had directed the attorney general to draw up one against themselves ; as truly it is to be lamented , that they and all others should escape free from punishment , who in the house saw and promoted this damnable plot of association , and did not so discover it , as to have the projectors and forwarders rewarded with their merited rope . the authors of such parliamentary proceedings ought to have their heads advanced to the house-top , to admonish their successors of modesty and allegiance . but to return ; your title , at the first sight , made me merry with the remembrance of your lordship's and that religious party's , you so diligently served , accustomed activity , that out-run their sagacity , laying open dangerous plots and designs before they were detected . as your lordship hath been frequently termed a catt , from your noted skill in falling safely , so you further merit it from the apology of the catt changed into a beautiful woman , receiving a change only in form not in conditions . you are by the exceeding greatness of royal favour , raised to very great riches and honour , not only out of a mean fortune , but ( pray pardon my plainness and necessary freedom ) an ill state ( as you are too conscious ) that merited severity : yet all indulgences , all immerited additions of lustre and fortune , cannot alter you , but you must be catting , still playing your old tricks , laying open before detecting . your wit hath , like galba's , very unseemly lodgings , and is no other than what may be conjectured to proceed out of so ill contrived a frame , mischievous and unlucky : it serveth to no eminent counsel , but to impose upon the silly and credulous multitude , who adore you as some idolaters are said to choose and worship their god , for it 's excellent deformity . no man who makes a just and serious inspection into these addresses , seeth any thing but what becomes generous and loyal subjects , whom the sense of their own duty , and the odious practises of men of your principles , stir up to these expressions of fidelity on their own part , and a most reasonable abhorrence and detestation of the others . and now , because it is an answer to my letter , you lay upon me the task of enquiring what this monster which you have rip'd up and laid open , is . you begin to tell me , that the fermentation which the nation is put into , must be cherish'd by the ways that first occasioned it , and that the romish designs against the protestant religion and liberties of england , would miscarry , if the heats and animosities between protestants were not artificially fomented . here the tale you tell of the romish designs is so exceedingly stale , that it stinks abominably , and is rejected by most of the apprehensive dissenters and factious party , who see it in vain to talk any more at that rate , the generality of the nation being cured of those fits which the affrightful noise of popery put it into . for , as soon as honest and quiet men hear any begin to blutter those fusty discourses , they leave them as men tainted and rusty , tools ( as you call them ) to your trade of protestant joynery . and the truth is , you all so torment and saw what you take in hand to polish , that it 's great pity the masters of the company are not hanged for company , with the journey-man . it 's time indeed some end were put to the lunacy the kingdom hath been afflicted with , and i hope we may conclude it wrought , or near effecting , seeing the greatest part of what you stile distracted are recovered , and you are found not lords of the ascendent predominant over affections , but witches and juglers that have held men under some short surprizal , but are delivered by divine providence , president at the council-table . even they who commend you do not believe you , and the rest will never trust you : neither have you shot your bolt any thing near the mark , in saying , the operation of the declaration against the two last parliaments being wholly spent , this against the association is slipt in , and managed to perpetuate rancours ; for your self ( i fear to your grief ) find the contrary , both that the efficacy of the declaration is not spent , but hath produced this brisk and genuine off-spring , the natural issue of so incomparable a conjunction as the peoples affections , answering their prince's condescension and love ; and that it is so far from fostering animosities , that it is the most certain bond of union that could ever have been framed ; a league indced offensive and defensive , not as your squinting loyalty and unmannerly comparison would make it seem , between the prince and a faction , but between the king and all his subjects , who conscientiously respect their own duty , and the general welfare . we never think or call that a faction , which , compelled by the fear of god , honoureth the king ; but you , who of all men living , have the greatest provocations to admire and love regal clemency and bounty , do most wretchedly , after all the strictest engagements to loyalty , turn back like a dog to his vomit , and are pleased no otherwise , but during your respect to that vile excrescence of government , which hath been spued out and abhorred , as your beloved association is now , chiefly for it's tendency toward the same . after you have made a citation of a loyal gentleman's words , you will needs insinuate from them , a parity of his most excellent majestie 's , and that basest of usurper's oliver's cause , and do in effect deride all that out of devotion worship the true god , because some , out of fear or illusion , have worship'd the devil . usurpers , conscious to themselves what hatred their ambitious and tyrannical invasions merit , study popularity , and are forc'd to fawn upon the worst of men , whom they interest to impose upon others , and always rule by arts contrary to the prescriptions of legal and just monarchy ; they either affright or corrupt men to obsequious acknowledgments ; these , with majestical , but gracious countenance , receive the due tributes of voluntary obedience , and encourage fidelity , to the shame and terrour of such as associate and consult by their kings to disturb the publick peace . because some unduely flattered oliver , ( once your master ) therefore you will allow none to give our lawful king those proper eulogies and thanks which his wise and excellent government challenges from all , whom god hath blessed with judgment to see and rejoyce in their happiness by and under him . but this , with your lordship , is a base and destructive design : a strong affirmation , which you would have received , although you have forgotten to tell us the reason . and so in truth you have the sense which should direct us to what you mean , in saying , it would have been some argument of the addressors candour , and sincerity of their intentions , in what they did before , if they had forborn their late applications , till they had found that they were not mistaken in the grounds upon which they think to vindicate themselves for what they then did . something your lordship did here conceive , but being ill midwiv'd , is spoil'd in the production . as to what you said a little before , you are as unfortunate in your expressions and reasoning . for these addressors are not sick of your lordships megrims and distempers of brain , that giddily rave and anticipate the fruits of royal counsels before maturity . they , as all brave spirits , are blessed with humility , and meddle not with the king's prerogative , neither take upon them to instruct him when a parliament will be most seasonably called , but leave it to his wisdom , from which , by god's blessing upon it , they hope to reap the satisfactory effects of these and their former addresses , while your lordship and your factious adherents shall sit in melancholick postures , and enviously assist your tormenting angels in your own vexation . how you call mr. groyn's oath a bare suggestion , i understand not ; neither what credit you gain by saying this association was , for what appears , only feigned and imaginary . those few words upon this account before spoken , may ( i think ) suffice ; for all your scrupulous artifice will neither cover nor colour that villany . you may as well call in question , whether that noble and loyal peer was accused and indicted , as whether that paper was seized in his closet , or any where promoted by associators ; you may as well question , whether that lord ever was lord chancellor , and afterward made good his own words in his speech to l. treasurer , and found his majesty a prince under whom the unfortunate fall gently ; whether afterward in the house of peers he made any speeches in opposition to a certain strict test for the discovery of popery , promoted in that house ; whether he was since at oxford , and afterward committed to the tower ? your lordship thinks it congruous , that the addressors testifie their detestation of the many sham-plots , whereby loyal and innocent protestants have been endeavoured to be destroyed ; and what is more evident , than that they do this , abhorring both the real and sham-plots , which bold and bloody-minded factions , under the name ( forsooth ) of protestants , were engaged in , to the destruction of the king , religion , and government ? this you are fierce and zealous to have done , yet being done , you dislike and complain of it ; and what 's the reason , but because while you cry out of popish plots , and popish sham-plots onely , these addressors , the true friends of the protestant religion , and peace of these kingdoms , see you involved in the same plots which you cry out against , — and engage to defend the king and establish'd religion against all conspirators whatsoever , whether popishly , scismatically , or heretically affected ? but when all of you make such a dinn about protestants , and name the protestant religion , why do you not set forth what this protestant religion is , that we may know it before we engage to defend it ? the religion establish'd in the church of england we are sure you would destroy , not preserve ; for this the addressors promise and desire to preserve , which promises onely give you these galls and disturbances . neither will you own the presbyterian to be the onely protestant , nor with the presbyterian the independent , for then the other younger brethren , anabaptist , brownist , quaker , fifth monarchy man , and all the rest of this large family , will take it very ill to be rejected as spurious , and unprovided of protestant portions . if you take all into your politick ark , whether feathered or naked , cloven-footed , clawed , or hoofed , this conjunction will make england in the next generation , surpass any part of africa for monstrous issue , when those of baxter's , vincent's and jacomb's holy protestant herds , shall mingle with protestant muggletons , protestant quakers , protestant ranters ; and your honour 's , which is protestant atheists . considering then , the impossibility of such pretended union in different opinions , knit together in one band of religion , and yet , that if any one or more part or opinion be rejected , the project is that way inconsistent with what it throws out , and would seem , because there 's a rupture made with the muggletonian or ranter , or whomsoever this holy league receives not , who yet hath as good a title to that vocabulum of protestant , as jack presbyter , jack of leyden , george of munster , or hugh peters , when he came from new england . so that in time i find the league hits not upon the score of religion , but all these are protestants , as protesting against monarchy , and the whole present frame of government , and that can no otherwise come under one name of protestant , than by joyning with it the word rebell ; and then protestant rebell speaks all the parties together , presbyterian , muggletonian , anabaptist , &c. being as the colours of yellow , tawny , green , &c. by which the several regiments are to be distinguished . and these , you think meet , the city of london should lead the way to address for their protection , until they may conveniently be ( as is aforesaid ) united and formed into a body that can defend and set up for it self . but your lordship is still unfortunate , advising impertinently ; for the city , seeing the design , hath , in the lord mayor and lieutenancy , taken a truly safe , commendable , and contrary way to your prescription , and so have bid your honour good night , wishing you to sleep for more wit. and when parliaments shall , in stead of endeavours to perfect the important matters of the kingdom , sit down and spin out more time in doing nothing , than other parliaments have taken to dispatch multitudes of affairs , or rather , in doing nothing but chalking out unwarrantable rules for the subject to grow licentious , and act as in an authorized disobedience , what reason is there , that good and peaceable men should not make to their prince grateful addresses , for his care of them , in dissolving such parliaments , and scattering the impending mischiefs which threatned ruine to our universe ? as an anniversary day of thansgiving for our deliverance from the ineffable calamities we sustained by that trayterous convention , called a parliament assembled under k. charles the first , whom they devilishly persecuted , unking'd and murthered , is appointed upon the day of his sacred majesty now reigning his birth , and happy return ; it seems to me as reasonable , that those days , whereon his majesty secured the liberty of the subject , by dissolving the last parliaments , be kept festival , in commemoration of our deliverance from those great and apparent dangers , wherewith we were compassed , while they were in session . neither are all associations , ( as either your nine eyed perusal reads , or your distorted and grieved fancy interprets them ) abhorred in any of these addresses , which detest only those two diabolical ones , the first , of the sole●n league and covenant , and this seized in the e. of s.'s closet , but are themselves pious and loyal associations , excellently adapted ( to use your words ) for the preservation of his majesties person and dignity , and the protestant religion , now by law establish'd . but for your so justly abhorred association , which you would insinuate , was to have had the royal stamp , pray tell me where and when those audacious russians ( who would not allow their king in the management of his setled revenues , the priviledge which the meanest owner of a chattel lease hath , in the disposal of it ) did agree and consent more than in the taking the covenant to ask the king's leave and liking ? or rather , tell me whether you would not first have taken it , and have afterward , upon the point of a spear , tendered it to him for his approbation and stamp , at holmby house , the isle of wight , or hurst castle ? how strangely ( you say ) it looks , that the mayor of gl. who is recorded to have done service against ch. stewart , at worcester , should now be hugged for advancing these addresses ! from a person of good credit i am assured , that this gentleman , now mayor of gl. was in those times , with all the family , 〈…〉 pelled that city , because persons of known loyalty . but if it be as you say , it is not so strange to see deceived men undeceived ; which happening , none are wont to be more zealous maintainers of the cause , which they once opposed . but it may be , you reflect on him , and the eminent magistrate in the city of london , by reason of the opinion received by many , ●●at rebellion is never truly repented of : but 't is a mistake ; for although it be rare , yet we have seen divers eminent person , great in the rebellious times , far greater in the king 's ; as col. j. b. and d. l. h. one of the five members , yet since a privy counsellor , and ambassador , entrusted with the weightiest affairs of the realm ; and above all , the e. of s. whose ri●●es , honours , and trusts , were almost unaccountable : yet , to say these were not men of principles acting uniformly , but sway●ed by interest , & ready to engage with the same heat in every thing that lieth in subserviency to their gain : what is this , but to upbraid those pious , great , and wise ministers of state with insincerity , which must be an inlet to all villany and corruption ; which for you to think , or me to say , were a crime never to be expiated . therefore , if nothing in mens actions and manners doth appear , but what speaks them obedient , all good men will rejoyce at their conversion , notwithstanding the affrightful blackness of their former transactions . as for your brethren and fathers of your protestant corporation and interest , discourse them as you please at your own leisure . but while your zeal to the former times transport you , no wonder you mistake men and business , and dream all things transacted after the usurper's mode , as if the country-gentlemen , grand-jurors , and chief burgers of corporations in these days are like your upstarts , who were indeed mere tools , and must be managed like puppets , ere they could squeek a partiful address to those bables of authority . and then , you , mentioning the different opinions of the papists in our days , from those in queen elizabeth's reign , in the cause of succession , make we wonder at your either error or imposing conscience , if you either believe or would persuade others to believe the whirling zealots have not a papistical rule and method for all they do and say ; and change sense and language as they are taught from rome . you now all along say expresly the same which they then ; but the doctrine introduced under the title of the whole clergy , nobility , gentry , and courtiers arguments , concerning the succession of mary queen of scots , is wholly false : for , whereas some of the puritan gang ( which then began to be somewhat in esteem with religious time-servers ) did preach up , and throw forth such discourses as you mention , yet was it far from the sense of the clergy or sincere states-man , who would not alter from the pattern of loyalty set before them , and sealed with the blood and sufferings of those who drew it , in the case of queen mary's and the lady jane grey's title to the crown . tho' they saw the danger , yet they had learned to believe in , and relye upon the divine providence , which takes care for the safety of the church and blesseth it chiefly , when the governours thereof renounce the refuge of indirect politicks . and then , what a story you tell of associations in queen elizabeth's time ? which had they been entred into , without her consent , and of such a draught as this abhorred one , which you so much dandle , no ignoramus jury should have rescued the abettors and concealers from the gallows . and yet you presently destroy your own rare tale in the following paragraph , by pratling where the king should reign , even in the hearts of his people , which you would suppose he doth only of those who subscribe these addresses , an inconsiderable parcel of men ( you say ) if compared with the bulk of nation . pray my lord , tell me , whether the subscribers in queen elizabeth's time were a tenth part of the number ? yet were they a joyful guard to her , who having their hands , was assured of the rest of inseriour ranks , who were under the subscribers command . and whereas you pretend these addresses do proclaim the weakness of the government , you are out in that note upon the text ; for , they most certainly magnifie it , rendring it glorious abroad and at home , in the eyes of all , who wish the prosperity of it , being also a disheartening to it's enemies , whether forreign or domestick . nothing can be imagined more to encrease the honours of esteem towards him in our neighbours affections , than to see the readiness of the king of great brittain's subjects throughout the whole kingdom to assert the royal prerogatives , and give such hearty engagements to defend his majesties sacred person , crown and dignities , the religion by law established , and the right of succession : which last , is no less reputation abroad and at home , than the former , because all disputes and heart-burnings concerning his successor , disturbing his peoples affections make him uneasie , and frequently proves of as ill consequence to any prince , as if his own title were in controversie ; but that , setled and undubitable , strengthens his power , and blunts the sharpest edge of malice against that prince that hath such a revenger of any his reproaches or injuries . and when the heads and principal members of all counties , cities , towns , and other corporations , do with so filial a respect purge themselves of all sinister designs or intentions towards the crown , either in the present fruition or future inheritance , and out of the ardency of honest affections , abhorr all such vitiated and rotten members as you and others , who are , and have been versed in indirect and disloyal practises , not only forreign malignity , but yours is hereby shattered in pieces , and you , who pretend you tremble at others , are in an agony with the thoughts of this and the cooperating stings of conscience . what your lordship mentions concerning the portugal king , is forreign to the matter discours'd , and more ridiculously introduced , than i should a petition that your honour as a reward for your oratory and manners should be sent to the house of correction . to conclude , seeing your lordship so great a counsellor and fortunate states-man , as never to be believed or loved , never to attain to what you seek , because your mind 's more changling than your unsightly body gives us to suppose , and alway knowing , that you never speak truth but as the devil did scripture , to corrupt the holy to apostacy ; our own searchings having caused us strongly to confide in the d. of york's loyalty , and unparalelled love of his prince , his untainted candor and sincerity towards all who faithfully respect their duty and allegiance , your forming such terrible dangers to the king and kingdom by his authority and succession doth sufficiently secure us from fear : for , were there any real danger imminent , you would never discover it , it being impossible but you should have an hand in it . and this giant popery , as it is magnified by your opticks to us , is but a dwarfe : how much properer he may appear to some , when shewn from off your munkey shoulders , i cannot tell , and leave you to the tryal ; whom i desire to pardon for any thing harshly expressed , because i hope it may prove beneficial to your honour , and if so , it is the same to your lordships very friend and servant . &c. from newmarket march th . printed for ralph stamp . . by the king. a proclamation concerning the due and orderly proceedings in the court of wards and liveries. england and wales. sovereign ( - : charles i) this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing c thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) by the king. a proclamation concerning the due and orderly proceedings in the court of wards and liveries. england and wales. sovereign ( - : charles i) charles i, king of england, - . sheet ([ ] p.) by leonard lichfield, printer to the university, printed at oxford : [ ] publication date from wing. dated at end: given at our court at oxford, the eleventh of november, in the nineteenth year of our raigne. . with engraving of royal seal at head of document. reproduction of the original in the british library. eng england and wales. -- parliament -- early works to . england and wales. -- court of wards and liveries -- early works to . great britain -- history -- civil war, - -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no by the king. a proclamation concerning the due and orderly proceedings in the court of wards and liveries. england and wales. sovereign f the rate of defects per , words puts this text in the f category of texts with or more defects per , words. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion royal blazon or coat of arms c r honi soit qvi mal y pense by the king . ¶ a proclamation concerning the due and orderly proceedings in the court of wards and liveries . his majesty having by his royall proclamation , setled the court of wards and liveries to be ke●● and held in his city of oxford , untill he shall otherwise ordaine the same ; to which place and 〈◊〉 the maister and councell of that court , there all his subjects who have affaires in that court m●●● and ought during that time make their resort . but his majesty finding a great neglect in those w●● should finde and returne offices after the death of the kings tenants , and thereupon make their co●●positions for wardships , and pay their monyes compounded for , pay the rents reserved and in 〈◊〉 time prosecute their liveries in that court , wheron a great part of his majestyes just revenue ●●●pends ; and his majesty being very willing and resolved to hold himselfe to such regular cou●●● as for many yeares past he hath prescribed to himselfe , for the good and safety of his good subjects , and of their estate● 〈◊〉 the case of granting of wardships ; yet least any of them should be misled and apply themselves to any other place o●●●ny other persons , and so by their negligence or error should incurre that danger or prejudice which they would o●●●●●wise willingly have avoided , or else his majestie to suffer in his just revenue through their default ; his majestie h●● therefore thought fit to give notice , & doth by this his proclamation give notice to all those whom it may any waies c●●●cerne , that as he on his part is , and will be constant to his rules of grace in the granting of wardships and preserving 〈◊〉 protecting their estates , if those to whom the same is so gratiously offered do not wilfully neglect it ; so his majesty d●●● hereby declare , that if those who do pretend , or might regularly pretend to become suitors for any wardship , or to h●●●● compounded for the same , or to sue out liverye of any lands , shall neglect within convenient time after the death of 〈◊〉 auncestor to finde an office and to returne the same into the petty bagge in chauncery , and to transcript the same into 〈◊〉 said court of wards and liveries at oxford , according as shall be ordered by that court , or shall neglect within conve●●●ent time to make their composition with his majesty , or with the councell of the said court now residing at oxf●●● on his majesties behalfe , or shall neglect to pay the monyes compounded and agreed for to his majessties recei●●● there , or shall neglect to pay the rents due and payable for the wards lands , or the meane rates paya●●● where meane rates shall be due , or shall neglect to sue out their liveries , when and where by law and by the cou●● of that court they ought , that in all those cases upon such neglect his majesty must be , and will be at his own liberty 〈◊〉 make his best advantage by granting such wardships to such others who will compound-for the same and pay the ●●●neys compounded for and not payd , and shall and will take his best remedy and advantage which by the s ; trictness● 〈◊〉 law in justice he can for the recovery of the rents and other dutyes due and payable to his majesty in those cases . 〈◊〉 that he will severely punish all those escheators , feodaries and other ministers of the said court , who shall in their ●●●spective place neglect their dutyes , to his majesties disservice . given at our court at oxford , the eleventh day of ●●●vember , in the nineteenth year of our raigne . . god save the king . printed at oxford , by leonard lichfield , printer to the university . a letter from the right honourable sir thomas rovve, extraordinary embassadour for his majestie at vienna to edmond vvaller esquier one of the members of the house of commons. which letter was read in the said house, iuly . . roe, thomas, sir, ?- . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing r thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) a letter from the right honourable sir thomas rovve, extraordinary embassadour for his majestie at vienna to edmond vvaller esquier one of the members of the house of commons. which letter was read in the said house, iuly . . roe, thomas, sir, ?- . waller, edmund, - , recipient. england and wales. parliament. house of commons. sheet ([ ] p.) printed for abell roper, london : [ ] publication date from wing. dated at end: july . . rebutting a charge of his having offered the king of hungary an offensive and defensive alliance in the name of the king of england. reproduction of the original in the british library. eng great britain -- history -- civil war, - -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no a letter from the right honourable sir thomas rovve, extraordinary embassadour for his majestie at vienna. to edmund vvaller esquier one of roe, thomas, sir d the rate of defects per , words puts this text in the d category of texts with between and defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion a letter from the right honourable sir thomas rovv , extraordinary embassadour for his majestie at vienna . to edmond vvaller esquier one of the members of the house of commons . which letter was read in the said house , iuly . . i vvas confident that the whole course of my life , and the warinesse i have learnt by long experience , would have prevented any necessity of making an apologie , especially to the honourable house of commons ( whereof i am an humble member ) either of my intentions , or actions . but having understood , that i have beene accused by the french embassadour , to have offered to the king of hungary , in the name of his majestie , my master , a league offensive , and defensive against all men ; upon conditions of restitution , and reintegration of the second elector palatine to his lands , and dignities : which being in contravention of the league betweene his majesty , the french king , and the united states , was offensively taken , and therefore reparation required : i have thought it my duty both to his majesty , and for the justification of my fidelity , and the tender care of my reputation , wounded in the high court of parliament , to desire this office of frie●dship from you , to represent my answer . first , that i never re●eived any such power , or instruction , from his majestie my master , nor that any respect could so farre decline me from my duty , to undertake of my selfe to transgresse both my orders , and against my owne judgment ▪ therefore i must protest , with all reverence to the thrice christian king , and due respect to his emdassador , as his representant , and without relation to the command of the one , or obedience of the other : the whole accusation in form , and matter , in substance , and circumstances , is unjust , and in the first inventor false ; and against innocency , truth , and faithfull service scandalous . jt is very easie to blot , and staine the purest innocency : but i am confident in the equity , and wisdom of the house of commons , that they will not only give credit to my assertion : but that they will so far regard the reputation of one of their members , as to blot out , and expunge all record , or memory of this imputation , and that they will please to believe , that i both understand my duty , and the present state of the troubled world ; and that all my negotiations have principally respected the honour , and conveniency of my king , and country , of which i shall render such account , as every accusation shall turne to my advantage . i will not reflect upon the scope of this complaint against me , knowing well , their wisdome will easily penetrate , that there may lye hid other designes , then to disgrace a private man ; but humbly desiring , they will be pleased as far and wide to publish my integrity , as it hath beene defamed , i will no further trouble them , nor you , but rest , vienna . june . your most affectionate friend kinsman , and humble servant , thomas row . london printed for abell roper . to the parliament of the common-wealth of england. the humble petition of samuel vassall esq; vassall, samuel, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing v thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) to the parliament of the common-wealth of england. the humble petition of samuel vassall esq; vassall, samuel, - . england and wales. parliament. sheet ([ ] p.) s.n., [london : ] imprint from wing. "claiming payment of money due for the service of his ship the mayflower, and of compensation for imprisonment and losses under the late king, voted by parliament but never paid" -- thomason catalogue. includes parliament's resolutions dated: january [i.e. ] and . may . annotation on thomason copy: "september ". reproduction of the original in the british library. eng mayflower (ship) -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no to the parliament of the common-wealth of england. the humble petition of samuel vassall esq; vassall, samuel a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion to the parliament of the common-wealth of england . the humble petition of samuel vassall esq sheweth , that for his opposing the illegall taxes laid by the late king as the royall loan kinghthood money , coat and conduct money and costomes ; your petitioner endured severall imprisonments and commitments into custody of many messengers , and to the marshalseys , fleet , and gatehouse for about years : untill the parliament was to be called , your petitioner could not be freed out of the gatehouse , and your petitioners goods being taken away from him , were never restored to this day . all which losses and sufferings he endured for the liberty of the subject , still living in hope of a parliament wherein your petitioner should be relieved , and accordingly the parliament referred the consideration of his losses to a committee , upon whose report this honourable house was pleased to vote him l. s. d. for his dammages ; and also voted they would take him into their further consideration for his imprisonment and charges in suits of law ; of all which your petitioner hath never had one penny . besides there is due to your petitioner l. s. d. for moneys lent the parliament in ireland in their great straights ( as by the votes of parliament appears ) placed upon the excise with interest , which hath been stopped without any cause known to your petitioner . there is also due for one of his ships service called the may flower , l. s. d. as appears by the books of the treasurers of the navy . also he hath part of three ships which were in the service , and are yet unpaid . your petitioner therefore humbly prayeth , that this honourable parliament will appoint him the money already placed on the excise , as also his money due for the service of his ship may flower , that he and his posterity be not ruinated by their hands , for whose sakes , and in obedience to whose commands he ventured his life , and utter ruine of his posterity ; and for that the parliament was pleased to vote him , that your honours will be pleased to give him leave to bring in so many french wines as the custome and excise may pay him , or any other way that your honours shall thinke fit . die lunae . january . resolved upon the question by the lords and commons assembled in parliament , that mr. samuel vassall shall have the summe of l. s. d. paid him for his losses sustained for denying to pay tonnage and poundage , not granted by act of parliament , in pursuance and obedience to a declaration of this honourable house . resolved upon the question , that this house doth declare , that they will in due time take mr. vassall into their further consideration for his imprisonment and personall sufferings . die jovis . may . resolved upon the question by the lords and commons assembled in parliament , that the summe of l. s. d. due to mr. vassall for moneys and commodities taken in ireland for the service of the parliaments forces , there be charged upon the excise in course with interest for the same , from this day payable every six monthes , and that the acquittance of the said mr. vassall or his assignees for the said summe of l. s. d. shall be a sufficient discharge to the commissioners of excise . jo. browne cler. parlmen . hen. elsynge cler. parliam . d. com. your petitioner hopeth , that this honourable house will take him into their further consideration for his great charges and expences in suits in law and imprisonments , besides his personall sufferings , and losse of trade , which to him was at least l. per annum ; which hath been utterly lost to your petitioner and this common-wealth ever since for at least . yeares .   l. s. d. due from the excise , and lent the lord inchiqueen in ireland for interest of the same l. received for one years interest l. rest due for the service of the may flower for interest of the same for that the parliament was pleased to vote him for his losses besides a good summe due for the service of two other ships   note that the l. s. d. abovesaid , was ready money and victuals furnished out of my ships to supply the souldiers under command of the lord inchiqueen , when they were ready to mutiny , which your petitioner was forced to supply from this place to his great losse . also his ship may flower was taken from him when she was ready to set sail from blackwall on a merchants voyage , being loaden , victualled and manned with men for the straights , by order of the committee of the safety , was presently carried away to intercept some vessels bound for ireland with provisions to the rebels , which she performed , but to the overthrow of his voyage , to his great dammage . and after she was returned she was fitted for another merchants voyage , and ready to set sail as before , she was again taken from him to prevent some designe of the enemy , to the overthrow of his voyage , and his great losse . satyr on the adulterate coyn inscribed the common-wealth, &c. bold, henry, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing b wing s a estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : or : ) satyr on the adulterate coyn inscribed the common-wealth, &c. bold, henry, - . sheet ([ ] p.) : coat of arms. and are to be sold in little-britain., london printed, : . signed: hen: bold. in verse. item at : identified as wing s a (entry cancelled). item at : is a reproduction of original in the harvard university library. item at : is a reproduction of original in the bodleian library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng great britain -- politics and government -- - -- poetry. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - jonathan blaney sampled and proofread - jonathan blaney text and markup reviewed and edited - pfs batch review (qc) and xml conversion these armes disarm'd us , and rebellion nurs'd ; t is not for nothing they are no● revers'd . satyr on the adulterate coyn inscribed the common-wealth , &c. that common-wealth which was our common-woe , did stamp for currant , that , which must not goe : yet it was well to passe , till heaven thought meet to shew both this , and that were counterfeit . our crosses were their coyn ! their god our hell ! till saviour charles became emanuel . but now — the devill take their god! avaunt thou molten image of the covenant ! thou lewd impostor ! state 's , and traffique's sin ! a brazen bulk , fac'd with a silver skin ! badge of their saints-pretences , without doubt ! a wolfe within , and innocence without ! like to their masqu'd designs ! rebellion film'd with the tinsell of religion ! metall on metall , here , we may disclose ; like sear-cloth stript from cromwell's copper nose . thou bastard relique of the trayterous crew ! a mere invent , to give the devill 's due ! or ( as a learned modern author sayth ) in their own coyn , to pay the publique faith ! heavens ! i thank you ! that , in mine extreme , i never lov'd their mony more than them ! curs'd be those wights ! whose godlinesse was gain , spoyling gods image in their soveraign ! they made our angell's evill ! and 't is known , their crosse and harp were scandall to the crown . had , 'mongst the iewes , their thirty pence been us'd when iudas truckt for 's lord , 't had bin refus'd . worse than that coyn which our boyes , fibbs do call ! a scottish twenty-pence is worth them all ! to their eternal shame , be 't brought to th' mint ! cast into medalls : and their names stampt in 't ! that charon ( when they come for waftage ore ) may doubt his fare , and make them wait on shore : for , if repentance ransome any thence , know ! — charles his coyn must pay their peter-pence . prima peregrinos obscaena pecunia mores intulit : juv. hen : bold olim è n. c. oxon. london printed , and are to be sold in little-britain . . the declaration of thomas lord fairfax, and the rest of the lords, knights, esquires, citizens, ministers and freeholders of the county and city of york. fairfax, thomas fairfax, baron, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing f thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) the declaration of thomas lord fairfax, and the rest of the lords, knights, esquires, citizens, ministers and freeholders of the county and city of york. fairfax, thomas fairfax, baron, - . sheet ([ ] p.) printed for james williamson, london : [ ] dated at end: leeds febr. . . praying for a free parliament. annotation on thomason copy: "feb: . ". reproductions of the originals in the british library (thomason tracts), and the harvard university library (early english books, - ). eng england and wales. -- parliament -- early works to . york (england) -- history -- th century -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no the declaration of thomas lord fairfax, and the rest of the lords, knights, esquires, citizens, ministers and freeholders of the county and fairfax, thomas fairfax, baron a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - elspeth healey sampled and proofread - elspeth healey text and markup reviewed and edited - pfs batch review (qc) and xml conversion the declaration of thomas lord fairfax , and the rest of the lords , knights , esquires , citizens , ministers and freeholders of the county and city of york . whereas this famous county , honoured formerly for its puissance and strength by which they have always been taken for the bulwork of this nation , are now reputed so inconsiderable that they have not at this time a representative in parliament : and being deeply sensible of the confusions and distractions of the nation , the particular decay and ruine of the cloathing-trade of this county , which necessarily bears an influence upon the publick : as also the future evils that will attend this vacancy of government during the imperfection and incompleatness of our parliaments , whose entireness , and full number hath been in all times ( as to a right english constitution ) the only conservative of our liberties . we the lords , knights , esquires , gentlemen , ministers and citizens aforesaid do declare , that we finde a corrupt intrest in the present government , abetted by factious parties , and carried on with an irreconciliable violence against our peace : predominant , and sitting at the helm , whereby the freedom and liberty of the subject is so far endangered , that we judge it past application , or any other wording remedy to retrive it . and as this is not only our own opinion , but the general sense of the nation , fruitlesly hitherto made known to the world : we will therfore allow our selves the precedency of asserting and defending the justice of this our common right by open armes , if no other present temperament and expedient can be adjusted or fitted for our grievances . we do therefore require a free and full parliament to be straitwith convened , according to the directions and provisions made in the act for the triennial parliament ; the intent and design whereof , after such a bloody contest we may not see eluded and frustrated with strange votes and qualifications : therefore we desire a free parliament , or else the return of the secluded members by the force of the army in . ( to which his lordship protests he was unwittingly and unwarily accessory ) to the remaining discharge of their trust , they having given singular and superlative evidence of their capacity and fitness for it , by their wise and judicious moderation . we shall in their wisdom and counsels acquiesce , and otherwise shall not be satisfied , for that our pressing calamities will give no rest to the kingdom , till these our desires are accomplished . to which purpose , we have at this our general meeting or rendevouz signed this our declaration to be forthwith communicated to the nation . signed leeds febr. . . thomas fairfax , &c. london , printed for iames williamson . a charge given at the general quarter sessions of the peace for the county of surrey holden at dorking on tuesday the th day of april , and in the fourth year of their majesties reign / by hugh hare. hare, hugh, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing h estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a charge given at the general quarter sessions of the peace for the county of surrey holden at dorking on tuesday the th day of april , and in the fourth year of their majesties reign / by hugh hare. hare, hugh, - . england and wales. court of quarter sessions of the peace (surrey) [ ], p. printed for john newton, london : . reproduction of original in the bodleian library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng great britain -- politics and government -- - . - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - john pas sampled and proofread - john pas text and markup reviewed and edited - pfs batch review (qc) and xml conversion a charge given at the general quarter sessions of the peace for the county of surrey holden at dorking on tuesday the th day of april , . and in the fourth year of their majesties reign . by the honourable hugh hare esq one of their majesties justices of the peace for that county . london , printed for john newton at the three pidgeons over against the inner-temple-gate in fleet-street , . to the right honourable george earl of berkeley , &c. custos rotulorum of the country of surrey . my lord , when i petitioned your lordship to appoint the easter sessions , at dorking , i little expected the honour the gentlemen on the bench were pleased to do me in chusing me for their chair-man ; but when i was forc'd to submit to their commands , in accepting an office for which i was so ill qualified , i was extremely surprized at the unusual compliment the grand jury first , and then the court , made me , in desiring me to publish the charge i gave them . all the importunities i could use , proved insufficient to excuse me from appearing thus in publick ; and i was forc'd out of deference to their judgments , and obedience to their orders , though with the greatest reluctance , to execute on my self a sentence so severe . for though there is nothing in these papers that an honest man need be ashamed of ; yet the world will be apt to judge of them , not according to the sincerity of the author , but the exactness of the performance and there ought to be wit , and eloquence , sense , and judgement , as well as a good intention in those that appear in print . i am sensible , my lord , how deficient i am in the first mentioned qualifications , and therefore i thought it necessary to beg your lordship's protection for this discourse . and indeed , whether i consider your lordship as a zealous patron of religion and vertae , or as a true friend to the interests of your country , and , by consequence , entirely devoted to their majesties service ; or whether i consider the high office your lordship so deservedly enjoys in this county , and the obligations i owe your lordship for honouring me with your friendship ; in all these respects , my lord , there can be no person so fit as your lordship , to defend the following sheets from the censures of atheistical libertines , and seditious male-contents . if we were to judge of the strength of these two parties by their clamour , and their positiveness in what they assert , then religion , vertue , and loyalty might justly be apprehensive of them as dangerous and formidable enemies . but those arguments had need be irrefragable that can perswade a man of sense , either that wickedness and goodness are of the same intrinseck value , and equally eligible ; or that a despotick monarchy is preferable to the excellent model of our english government . and though they were masters of as much wit and art as the epicurean poet , or the malmsbury philosopher , ( whose dictates they for the most part copy after ) yet principles that are in themselves false , and , besides that , undermine the publick security , and destroy the private happiness of mankind must never hope to be generally entertained , unless they have better recommendations than superficial sophistry , and smooth language . but , my lord , 't is the proper business of a dedication to be on the defensive : and therefore i shall not engage my self any farther in this quarrel . — i have only this to say in behalf of my self , that whoever thinks i have prostituted my pen either to revenge , covetousness , or ambition , is very much mistaken ; for as i never received any personal affront or injury from the last government , so neither do i expect or hope for any profitable employments , or great places under the present : but am as free on the one hand from malice , as i am on the other from flattery . by this the world may see i have no private aims , but have sincerely and freely declared the genuine and vnbyast dictates of my reason . and these i presume to shelter under your lordship's patronage ; and since i have been , as it were , forc'd to print these papers , it is no small comfort to me that i have thereby an opportunity publickly to own your lordship's kindness in appointing , at my request , the last sessions at dorking , and in giving me reason to hope that that place shall now and then , by your lordships grant , share an advantage from which it hath for some time been excluded , and which , i assure my self , they will for the future deserve better by prevailing with the justices to fill the chair with a person fitter for that employment , then , my lord , your lordship 's most obliged , obedient , and humble servant , hugh hare . betchworth apr. . . sur ' ss . ad. general ' quarterial ' session . pacis domini regis & dominae reginae com' sur ' tent ' in & pro comitatu praedicto apud dorking in eodem cmitatu die martis in septimand proxima post clausum pasch ' scilicet , quinto die aprilis , anno regni dom. will ' & dom. mar. dei gratia angliae , scotiae , franciae , & hiberniae , regis & reginae , sidei desensorum , &c. quarto coram justiciariis ibid assignatis , &c. on reading the address of the grand inquest , for the body of this county at the general quarter sessions of the peace , now held for this county at dorking ; whereby it is desired that the honourable hugh hare esq would please to permit his religious learned , and loyal charge now given to the said grand inquest to be printed . the justices now present in court , do concurr and agree with the said grand inquest in their address , and do desire that the said mr. hare would please to permit his said charge to be printed . per cur. exr. per will. smith cler. pacis com. sur. praed . sur'ss . vvee whose names are subscribed , being the grand jury for the said country , do , present our humble thanks to the honourable hugh hare esq chairman at the general quarter sessions held at dorking , in the said county , the th . of april , . for his religious , learned and loyal charge ; and do hombly desire , that for the advantage of this county , for whose benefit it was intended , he would permit the same to be printed . tho. baker tho. vincent valentine hayward john isted john goldhawke thomas francis will. luck john hill miles dudley john woodman john stilwell john rowod tho. harther john knight tho. spong walter lonhurst tho. cannell john page michael greene will. wood will. wood jo. gardiner joseph bignold charles king richard hubbard a charge given at the general quarter sessions of the peace for the county of surrey holden at dorking on tuesday the th . day of april , . gentlemen of the jury , as the necessity of government flows from the corruption of humane nature , so the strength , the glory , and the honour of it consist in the regular administration of justice ; and as without the one , societies cannot be upheld , so without the other , all communities would be but little better than well modelled combinations to oppress , cheat , and ruin the weaker and submitting part of mankind . not , but that the advantages of a political union are so considerable , that it may be doubted whether tyranny it self , though as execrable as that formerly practised by the roman , nero , and in these our days , revived with many additions by the french louis , be not rather to be chosen than a wild and confused anarchy . this state , exposes men to the frauds and violence of all their neighbours , and the extravagant caprices of the mobile ; and the other , subjects whole nations to the mad frolicks and brutal passions of a slattered and abused tyrant . both extremes are very dreadfull , and as much to be deprecated as a raging pestilence , or any other common calamity : while the mean between them , from which they both so far deviate , is a copy well drawn from that great , and not to be parallelled original of god's government of the world , whose onely end is to promote the happiness of his creatures , as the peace , safety and publick good of the people , ought to be no less the aim of all rulers , than it is the reason why government was at first instituted . how happy therefore , and how much to be valued are the constitutions and laws of england , whereby we are delivered from both extremes ? we neither lie under the terror of an arbitrary power , nor are we cast loose to the wildness of ungoverned multitudes ; we neither groan under the tyranny of a french army , nor the madness of the lawless rabble . our laws are writ neither on sand , nor with blood , for they are neither easie to be defaced , nor cruel in their execution ; but are known and establisht rule , whereby we are taught how to administer justice , and whereby as mens rights are limited , so their passions are restrained , and the publick peace is settled on a secure foundation . prerogative and property which are so much abused as pretences for oppression on the one hand , and sedition on the other , are by our laws so well disposed and regulated , that being twisted together in a mutual defence , they afford our island a safer protection than the ocean that surrounds it ; and having crusht all the domestick enemies that secretly project our ruine , strike a terrour on those foreigners , that would invade our repose . the subject i am upon is so copious and so pleasant , that should i follow my own inclinations , i should wast that time in speaking which may be much better spent in acting for the good of our country . therefore i shall make my charge as short as conveniently i may , being fully sensible that you all know , as well as i , the business for which we are here met together . and i am sure they serve the government best , who though they may want eloquence to give it its due praises , yet have courage enough to defend and preserve it when disturbed by any enemies . in which number are to be reckoned , not only that ambitious , bloody and perfidious prince ( that ishmael of our age , whose hand is against every man , and every man's hand against him ) with whom we are at this time necessarily engaged in a just and honourable war , for the common safety , liberty , and repose of europe ; but also those more dangerous enemies , our domestick ones : i mean all prophane , lewd , debauched , traiterous , seditious , lawless and disorderly persons , who blaspheme god , and dishonour themselves ; who conspire the ruin of the government , under whose protection they live , and censure all its proceedings ; who rob , murther and oppress the innocent , and , in a word , disturb the publick peace . of all which sorts of people i may truly say , that as they are a scandal and reproach to humane nature , so do they naturally weaken the foundations of any constitution , and must in time , if not duly repress'd and punish'd occasion its overthrow . therefore the laws of england have several ways wisely provided remedies for so great an evil , and preservatives against so dangerous a distemper . among which , i may reckon the chiefest to be the court of quarter sessions , which is four times in a year held in every county . a court so honourable , that it receives its authority by a special commission from their majesties , in which the highest subjects of england think it an additional dignity and privilege to act for the publick good , and in relation whereunto the king himself is by our laws stiled the principal conservator of the peace : a title , glorious without pomp , and clearly expressive of the weighty burthen annexed to royalty ! and as our office is honourable , so is it likewise very ancient ; for besides , the reasons we have to believe that this , or something very like it , was contemporary with the original of our own , and most other governments ; besides , this ( i say ) our chronicles inform us that william the first , commonly called the conquerour , about the fourth year of his reign , which is above six hundred years ago , ordained justices of the peace . though the first particular statute we meet with concerning it , is of a younger date , viz. the first year of edward the third's reign . how generally useful and serviceable to the country this our authority hath been found to be , needs no other proof , than the considerable enlargements it hath since that time received . whereas the high commission court , the star chamber , the court of wards and liveries , and several other courts , being found to deviate from their original institution , and instead of giving ease , relief , and security , to become burthensome and oppressive to the subjects , have been suppress'd by authority of parliament . but the wisdom of the nation instead of vacating our power , hath in several particulars extended the limits of it ; for they could not but be sensible of the vast advantages that every man receives by so frequent and so regular , so cheap and so easie an administration of justice , whereby all violences are checkt , and the infringers and disturbers of the publick peace , are hindred from triumphing in their unpunish'd villainies . that peace is in its self the greatest temporal blessing that either nations or private men can enjoy , is not only evident from the unavoidable miseries and calamities that attend the contrary state , and cloud the glories of the most successfull conquerours ; but also from the high encomium the holy spirit gives of it throughout the blessed scriptures . it was all along promised to the jews , who then were god's peculiar people , as the greatest reward that he could bestow on those who were obedient to his laws ; and whenever they notoriously swerved from this divine rule , how severely did they feel the prophet isaiah's denunciation executed upon them , there is no peace , saith my god , to the wicked : which is literally verified as to all mankind , whether we consider them united into several political societies , or under the character of private persons ; in both stations peace and security , quiet and comfort , are at as vast a distance from them , as they are from innocence and integrity . one of the characters under which our blessed saviour's birth was foretold , and his extraordinary qualifications described , is this , he shall be called — the prince of peace . when this prophecy was fulfilled by our saviour's mysterious incarnation , the whole world was at peace , the gates of the temple of janus which had so long stood open , were then shut , and when the joyfull tidings of our lord's birth were proclaimed by angels to the shepherds , men of an innocent life , and a meek and sedate temper , this seraphick hymn concluded the gracious message on which they came ; glory to god in the highest , on earth peace , good will towards men. how noble a title does our saviour in his first sermon on the mount , bestow on the peace makers , whom he not only declares blessed , but also promiseth that they shall be called the children of god : that god of love and peace , who by the gospel of peace , which his eternal son promulgated to the world , hath made all mankind capable of everlasting salvation . it would be vain presumptioh in me to enlarge any farther on the blessings of this happy state , whose praises have been so fully celebrated by the voice of god and the tongues of angels ; and after all that can be said of the strength , the beauty , the pleasure , and all the other desirable consequences of peace , tranquility , and freedom , ( for peace is not to be wisht for , when it wants those main ingredients in its composition ) the advantages and the delights of it , are rather to be felt than express'd . but as necessary as it is for the well being of mankind , and the cementing of societies , we must look upon it , not only as the reward , but as the natural product of justice ; which being a vertue whereby we are always ready to yield to every one their due , how can that be called a state of peace , wherein god , to whom , as he is our creator , we owe the greatest honour and reverence , is daily blasphemed and affronted by the prophane and licentious ; and wherein mens reciprocal duties to each other are so little regarded , that treasons and murthers , robberies and oppressions , frauds and rapines , and the worst sort of rapine , extortion , are daily committed with impunity ? this is no more a state of true peace and well grounded security , than a lethargy , is a state of bodily health , or a conscience seered and stupified with the daily perpetration of the greatest villainies , is a state of grace and salvation . but i hope it is not our misfortune to be in these circumstances , at a time when we are particularly order'd by their majesties , ( who are themselves admirable examples of piety and vertue ) to see all our good laws against vice and debauchery , and all manner of disorderly and irregular actions , duly and impartially put in execution , therefore that we may , if it be possible , see those days the psalmist speaks of , when righteousness , and peace shall kiss each other , i shall recommend to you ( gentlemen of the jury ) and to all others concerned in it , to search and enquire after , to present , inform against and prosecute according to law , all offenders against the rules of justice ; which as it relates to different objects , i shall distinguish under these two general heads , of moral and civil justice . under the former is comprehended all prophaneness , vice and immorality ; and under the latter , all treasons , murthers , felonies , and breaches of the publick peace , and all other crimes which you are sworn to inquire into , and present , according to the best of your skill and knowledge ; and i doubt not but you will acquit your selves of this your duty , with all honesty , diligence , and impartiality , remembring the solemn obligation you have laid upon your souls , and the strict account that you must at the last day give of your actions , before the great tribunal . gentlemen , the offenders against moral justice are those who are guilty of profane cursing and swearing , of perjury and subornation , of the profanation of the lord's day , of drunkenness , adultery , fornication , and all other dissolute and disorderly practices , which do still abound in this kingdom , notwithstanding the many good laws in force against these crimes ; which laws if they were duly and impartially executed , vice and debauchery would be much less impudent , scandalous , and contagious , than now they are ; and consequently the guilt of national impiety , would not so loudly call for vengeance . gentlemen , we neither want good laws , nor due incouragement from our superiors , nor yet good . magistrates of the higher rank ; but the constables , headboroughs , and other under officers , have so little religion or honesty in them , that their negligence in informing and prosecuting , renders our pains as it were , ineffectual for the promoting a general reformation of manners . therefore i must give it you particularly in charge , to make a strict enquiry into the defaults and neglects of all petty constables , headboroughs and tythingmen , in the execution of their office ; but more especially you are to enquire whether they have duly executed the order of the quarter sessions holden for this county at kingston in october last ; printed copies whereof have been affixt to the doors of parish churches , and in other publick places ; that as the officers of some particular hundreds have been minded of this their duty , by a monthly petty sessions kept for the same purpose by the neighbouring justices ; so the whole county should , by this more publick act of the quarter sessions , know that it is the unanimous resolution of us all to do our parts towards the punishing and repressing these vices so justly hatefull to god and to all good men. and gentlemen , let me once more tell you , it is your business to enquire into , and make due presentment of the neglect or connivance of all officers of justice concerned in the execution of these laws ; for since we find by experience , that they have so little regard either to the glory of god , the good of their countrey , or the performance of their own oaths , it is highly conducive both to their own good , and to the better demeanour of their successors , that they fhould be made publick examples of , and suffer fine and imprisonment as the bench shall think fit . gentlemen , i am sorry the prevailing wickedness of the age has made this digression of mine so necessary ; i shall now proceed to discourse farther to you on the several parts of moral justice , and after i have represented to you the nature of those vices which are contrary to it , and the penalties our laws annex to such vices ; i shall just hint to you some weighty and indispensible obligations , which you , as well as other officers of justice lie under , diligently , zealously and impartially to joyn in the promoting so good a work. and first , gentlemen , the daily increase of profane cursing and swearing is a thing seriously and sadly to be considered . men are now grown so hardned and riveted in this blasphemous custom , that one may justly wonder at the mercifull forbearance of almighty god , in not punishing those impious wretches by an immediate stroke of his almighty vengeance ; in not consigning them , in the very instant of their wickedness , to that devil whose protection they so often invoke , in not sinking them quick into that irrecoverable state of damnation they so zealously imprecate upon themselves , for the confirmation of some trifling matter , not worthy a wise man's notice , and perhaps sometimes of a downright falshood ! this is an immorality so unworthy of any one who professeth himself a christian , that even an honest heathen would have blusht to be surprized in it ; for though their religion was false , and their gods were fictitious , yet they were rather guilty of an immoderate superstition , than of any thing that so much as bordered upon prophaneness , which , of the two errors in worshipping the deity , is far the more inexcusable . and as this sin is very dishonourable to god , so is it in this particular extremely dangerous to humane societies ; in that it makes men careless and inconsiderate of what they assert or promise , though they confirm it with the most solemn oaths . for ( as a wise heathen excellently observes ) from a common custom of swearing , men easily slide into perjury ; therefore ( says he ) if thou wouldst not be perjured , do not use to swear . and how can it be consistent with reason , that a man , who hourly provokes god by rash and vain swearing , should boggle at a false oath , whenever his lust , his covetousness , his revenge , or his ambition prompt him to it , and importunately demand to be gratified , though at so vast a price ? besides this , at how low a rate do they value their immortal souls , who expose them to the wrath of god and eternal damnation , by a sin from which they cannot reap the least profit or pleasure ? for , whereas the covetous , the revengefull , the voluptuous , the ambitious ; nay , the apostate himself , may at the day of judgment plead , ( though even their plea will be rejected as frivolous and insufficient ) the strength of temptation , and the irresistible violence of fear , anger , or desire ; the common swearer will have no pretence or excuse to alledge in his behalf , but that which will heinously aggravate his guilt , the inveteracy of an ill habit , and the prevalency of atheistical examples . since therefore every single act of this sin , much more a daily repeated custom of it , is a direct contempt of the third commandment ; ( thou shalt not take the name of the lord thy god in vain , ) and of the dreadfull penalty annexed to it ; as likewise of that expression of our saviour , ( by thy words thou shalt at the last day be justified , and by thy words thou shalt be condemned . ) we may reasonably conclude , without exceeding the limits of charity ; that none who are habitually guilty of this prophaneness , can seriously believe and lay to heart the principles of the christian , or even of natural religion , which so strictly and positively forbids it . but there is no need at present to enlarge any farther on this argument ; for i hope , gentlemen , i have said enough to disswade you from conniving at the negligence of the under officers , in punishing so enormous a crime ; for which the land too justly mourns , and to which our laws have affixed the following penalty ; namely , twelve pence for every profane oath and curse . the forfeitures fall to the poor of the parish where the offence is committed , and the offender is to be prosecuted within twenty days after ; if the oaths or curses are uttered in the hearing of any justice of the peace , there needs no farther proof , but otherwise the offence must be proved before any one justice of the peace , by the oaths of two witnesses , or the confession of the party offending . in either of which cases , if the penalty cannot be satisfied , by a distress and sale of the offenders goods , then every such offender , if above the age of twelve years , must be set in the publick stocks for the space of three whole hours , and all under that age must be whipped by the constable , or the parent , or the master , in his presence . this statute is ordered to be read twice a year in all parish churches , by the respective ministers on sunday after evening service : therefore , gentlemen , you are to enquire whether this act hath been so read , and to present all ministers that have neglected it : for such neglect , though there is no penalty annexed to it , is yet a high contempt of their majesties laws , and punishable in this court. . next to profane swearing and cursing , we must consider the sin of perjury and subornation , which , as i before observed , does in a great measure deduce its original from , and owe its increase to the impious custom men have taken up of interlarding their careless talk , and even the common civilities of conversation with rash and vain oaths . but , gentlemen , as the sin of this is much greater , so are the consequences of it much more pernicious to private persons , families and societies , than those of the other . it is an offence both against moral and civil justice ; being a willful and deliberate breach not only of the third commandment , ( thou shalt not take the name of the lord thy god in vain , ) but also of the ninth : ( thou shalt not bear false witness against thy neighbour ; ) and the certain consequences of it are , the oppression , and ruine of innocent persons , who too often lose their lives , their estates , and their good names , and have infamy and beggary entailed on their posterity by the false attestations of perjured rascals . by these naboth fell a sacrifice to the covetousness of ahab , and the pride and cruelty of jezabel ; and our blessed saviour himself who had done nothing amiss , was numbred with the transgressors ; the innocence and the usefulness of his life being too weak a defence to preserve him from the malice of his enemies , and from being condemned by a partial judge upon the incoherent evidence of his perjured accusers . nor can we , i hope , so soon forget , that among the many blessings of the late reign , we daily saw this villainy boldly and triumphantly perpetrated . no man who wisht well either to the church or the laws of england , was safe from the informations of mercenary wretches : fictitious conspiracies were every day hatched , and judges and juries were so corrupted , that the one gave their opinions , and the other their verdicts according to the directions they received from court ; no man was safe in his innocence , nor secure in his property ; and tryals and proceedings which should have been exactly consonant to law and reason , to justice and mercy , were become only a more solemn and ceremonious method of compleating our ruine . it hath been thought an offence against the very law of nations , to poison a fountain of which even an enemy was to drink . how great a crime then must it be , and how near a kin to sacrilege , to corrupt the laws which are the very fountains and springs of political life ? and to make those the instruments of oppression and wrong , which should be our greatest security and relief ? and yet this was done by a prince , to whom his flatterers with a folly and impudence equalty egregious , ascribed the sacred epithete of just ; for whose return , several unnatural englishmen so ardently pray , though the certain consequences of it must be the involving the nation in blood , and the entailing upon us popery and slavery , and giving a free inlet to all manner of vice , profaneness , and immorality . but providence hath been so mercifull , as to reject these inconsiderate petitions ; and to bless us with a continuance of the happiest government that ever nation enjoyed , and the best governours that ever swayed a scepter ; whose reign is as glorious a reverse to the last , as trajan's to domitian's constantine's to dioclesian's , that of our virgin queen to the tyranny and persecution of her bloody sister . under their present majesties , the publick perjury i have been speaking of , is generously discountenanced , and when discovered , never fails of being punished as severely as our laws will allow . but however , i am afraid , in private causes , perjury and subornation do still too much prevail to the utter ruine of whole families ; therefore for the preventing the deplorable consequences of so great a villainy , and for the punishing all those that shall be convicted of it , our law declares , that whosoever shall procure any witness or witnesses , by letters , rewards , promises , or by any other sinister means , ( which , the law calls subornation ) to commit willfull and corrupt perjury in any court , or before any judge of record , shall for every such offence forfeit the summ of forty pounds , and for ever after be disabled from being admitted as a witness in any case whatsoever . and as for the person who is suborned , or , without subornation , perjures himself as aforesaid , he forfeits the summ of twenty pounds , and is to suffer fix months imprisonment without bail , and to be for ever after discredited as a witness : one moiety of penalties on this act belong to the king and queen , and the other is given to the persons aggrieved , as a small reprizal for the losses they sustain by the perjury . but in case the suborner be not able to pay the forfeiture , he is to be imprisoned without bail for six months , and to stand upon the pillory : and the person who is suborned , or perjured , is in case of the like disability to have his ears nailed to the pillory . too small a punishment for so flagitious a crime , and ( as our experience shews us ) very insufficent to restrain the practice of it ; while petty larcenies have a more infamous brand set upon them , and several small robberies are punishable with death ; the perjured person and the suborner after all the mischiefs he hath done , pays but a small fine out of his ill gotten store , suffers a short imprisonment , and a slight disgrace , and loses only , what we cannot suppose he ever much valued , his reputation ; at least any farther , than it may prove serviceable to his villainous designs . but till our representatives shall think fit to provide a more effectual remedy for this growing evil , i must particularly recommend it to you , gentlemen of the jury , and earnestly press you to put this act in execution , as far as in you lies ; that is , by inquiring , presenting and indicting all persons who fall under the censures of it : for , unless you do so , ( as far as shall any ways come to your knowledge ) you break your own promissory oath ; i mean , the solemn appeal you lately made to the god of truth , who will not fail to avenge it on your selves and your families , and also involve your selves in the dreadfull guilt of conniving at the perjuries of others , and of abetting all the injuries and oppressions , that shall fall upon the innocent , and which might have been prevented by a vigorous and timely prosecution . but , gentlemen , i hope you do not think i mistrust your integrity , or your diligence , while i mind you of your duty , and use the most perswasive arguments that occurr , to press you to it , especially in a point so absolutely necessary as this is . for , gentlemen , you are to look upon all such perjured wretches not only as robbers and destroyers of private persons and their families , but also as traiterous conspirators against humane society . for what methods can the wisdom of men invent for the ending of strife , and the decision of doubtfull matters , if the sacred obligation of oaths , to which even the heathens had so tender a regard , proves ineffectual for this purpose ? and when matters are come to this pass , what can preserve the world from falling into confusion ? what can hinder mankind ( who are naturally so suspicious of one another ) from being reduced to that state of war , in which a late philosopher erroneously affirmed them to be originally created , but an immediate interposition of the divine providence ? for amongst all the instruments of ruine and mischief that ever were devised , none is of more pernicious consequence to humane society , than perjury and breach of faith : according to the observation of the wisest of men. a false witness against his neighbour is a maul , and a sword and a sharp arrow , a pestilence that usually walketh in darkness , and a secret stab and blow against which many times there is no possibility of defence . the serious consideration whereof made the psalmist cry out with so great earnestness , as ( god knows ) we also have at this day very much reason to do ; help , lord , for the righteous man ceaseth , and the faithful fail from among the children of men. . the third immorality which is to be corrected , is the profanation of the lord's day ; and this is as notorious a breach of the fourth commandment , as rash and vain oaths and curses are of the third , and as perjury and subornation are both of that and of the ninth ; yet how generally this sin also is practised , i am ashamed to think . remember thou keep holy the sabbath day , were it not ( as it most certainly is ) a divine command ; yet it is one of the most : prudent and usefull constitutions that ever was made . for ( to speak in the words of an eminent prelate of our church ) to the keeping up the religion of this day , we owe in a great measure that the very face of christianity hath hitherto been preserved among us . and were it not for this , for any thing i know , most of us in a very few years would become little better then heathens and barbarians . and so great an influence towards the making men better , or at least keeping them from growing worse , hath this practice always had ; that , you may observe , the most profligate men among us , who for their wickedness come to an untimely end , do generally impute their falling into those sins which caused their death , to their breaking the sabbath , as they commonly express it . — thus far that eminent prelate . — 't is true , gentlemen , there , is a wide difference between the jewish and the christian sabbath ; for though the law of moses prohibited all manner of work to be done on that day , under the penalty of death to the children of israel ; ( which was executed on the man who gather'd sticks on the sabbath day , for the supply of his necessities ; ) yet our blessed saviour who was the lord of the sabbath , wholly abolished the ceremonial part of this law , ( that being peculiarly appropriated to the jewish nation ) and continued the moral part of it in its full force : allowing , both by his example , and by verbal permission , any work of necessity or charity to be done on that day . thus scripture , and reason teach us , and this likewise do the laws of england permit ; though at the same time , they are very strict against all those profanations of the lord's day , which proceed either from mens covetousness , or their licentiousness . thus all carriers , waggoners , carters , wain-men and drovers are prohibited to travel with any horse , waggons , carts , or cattell on the lord's day , under the penalty of forfeiting twenty shillings to the poor of the parish where the offence shall be committed : all butchers that kill or sell , or cause to be killed or sold , any meat on the lord's day , or are privy or consenting to such slaughter or sale , forfeit in like manner six shillings and eight pence for every offence . the offence must be proved before any one justice of the peace , by the oaths of two witnesses , or by the confession of the party , unless the fact were done in the view of a justice of the peace , and then the law requires no farther proof . the offenders must be prosecuted within six months after the offence is committed ; and the forfeitures are recoverable , either by distress and sale of the offender's goods , or by bill , plaint , or information prosecuted at the quarter sessions for the county . and where any parish shall rather chuse this last method for recovering their money , you must be ready , gentlemen , on your parts , as we shall be on ours , to give all possible incouragement to these prosecutions , unless they shall plainly appear to be malicious . nor , gentlemen , are these the only profanations of the lord's day , that our laws take cognizance of , but by a statute of a later date : all persons that shall on the lord's day , or any part thereof , sell or expose any thing to sale , shall forfeit the goods so sold , or exposed to sale , to the poor of the parish where the offence is committed . thus also , whosoever being of the age of fourteen years or upwards , shall on the lord's day , or any part thereof , exercise any worldy labour , business , or work of his ordinary calling , shall in like manner forfeit for every offence , the summ of five shillings : — thus all drovers , horse-coursers , waggoners , butchers , higlers , or any of their servants , who shall travel or come into their inn on the lord's day , or any part thereof , shall in like manner forfeit for every offence the summ of twenty shillings . the offences against this act must be prosecuted within ten days after , and the view of a justice of the peace , the oath of one witness , or the confession of the party offending , made before any one justice of the peace , is a sufficient proof : and in cafe ( as it may sometimes happen ) the offender hath no goods to be distrained and sold , and is not able to pay these forfeitures , he is then to be set publickly in , the stocks by the space of two hours . and besides these penalties , this statue exempts the hundreds from answering the losses which may happen by robbery , to those who travel on the lord's day ; since such journeys are not supposed to be undertaken out of necessity , but choice . — thus far our laws restrain and punish those profanations of the lord's day , which a covetous desire of gain is apt to induce men to . nor is the penal prohibition of those disorders which proceed from an irreligious licentiousness , less severe : for to the end that these profanations of the lord's day , and the ill consequences attending them , may be prevented , our laws strictly prohibit all meetings and assemblies of people out of their own parishes , and all concourse of them within their own parishes , for all unlawfull sports and pastimes , under the penalty of three shillings and four pence for every offence , to be forfeited to the poor of the parish , where the offence is committed ; the penalty is leviable by distress and sale of the offenders goods , and in default of sufficient distress , the offender is to be set publickly in the stocks by the space of three hours . the prosecution must be within a month after the offence , and the oath of one witness , or the confession of the party , before any justice of the peace , or the view of any one justice of the peace , is a sufficient proof to convict the offender . — this was a good law , but yet too liable to many evasions and abuses ; therefore a farther provision hath since been made by a later act : that all persons shall , on every lord's day , exercise the duties of piety and true religion , under the penalty of five shillings , in like manner forfeited to the poor of the parish for every offence , which is to be prosecuted within ten days after , and proveable , as aforesaid , by one witness upon oath ; and if the offender be not able to satisfie the penalty , then he must be set publickiy in the stocks , by the space of two hours . and nothing can exempt any man from falling under the censures of this act , but works of necessity and charity , which as i observed before , both reason and scripture allow of : for sports , and pastimes , revellings and disorders , are certainly inconsistent with the duty of the day , as buying , and selling , or exercising any trade or calling . the fourth immorality which our laws endeavour to suppress , is drunkenness : a vice on which one of our statutes fixes this infamous character ; that it is odious and loathsom , that it is the root and foundation of blood-shed , stabbing , murther , swearing , fornication , adultery and such like enormous sins , to the dishonour of god , and of our nation , the overthrow of many good arts , and manual trades , the disabling of divers workmen , and the general impoverishment of many good subjects , abusively wasting the good creatures of god. this charge , though it may seem severe , yet is it , as our experience informs us , a very true and lively description of the sad consequences and fatal effects of this brutish immorality . therefore for the repressing this vice , our laws have provided a punishment , not only for the drunkards , but also for the inn-keepers and victuallers , that harbour , entertain and encourage them . for , as the preamble to one of the statutes relating to this matter informs us , the ancient , true and principal use of inns , ale-houses , and victualling-houses is for the receit , relief and lodging of travellers , and for supply of the wants of those who are not able to buy in their provisions of meat and drink by greater quantities ; but was never meant for entertainment and harbouring of lewd and idle people , to spend and consume their money and their time in a lewd and drunken manner . therefore for the restraining these abuses , and for the better repressing the vice of drunkenness , every taverner , inn-keeper , ale-house keeper , or victualler who shall suffer any person to continue tipling in his house , and shall be thereof convicted before any justice of the peace , by the oath of one witness , or by his own confession , or by the view of any justice of the peace , shall for every offence forfeit ten shillings to the poor of the parish where the offence is committed ; the penalty to be levied by distress and sale of the offender's goods , and if there be not a sufficient distress to be found , then the offender is to be committed to the common gaol , till the forfeitures be truly paid . and if the constables or church-wardens ( to whom the warrant is directed ) shall neglect their duty in levying these penalties by distress and sale as aforesaid , or in default of such distress , shall not within twenty days next ensuing , certifie it to some justice of the peace , they shall severally forfeit for every offence the summ of fourty shillings , recoverable in like manner as is before mentioned . besides this penalty of ten shillings , the ale-house-keeper who shall be lawfully convicted of the aforesaid offence , is disabled to keep an ale-house for three years after such conviction ; and if he does , he falls under the penalties of keeping an unlicensed ale-house . and as this restraint is laid on inn-keepers and victuallers , so likewise there is a punishment appointed for tbose that shall be guilty of the sin of drunkenness ; who being thereof convicted as is above mentioned by the oath of one witness , shall for every such offence pay s. to the poor of the parish , where the offence is committed ; and if there is no distress to be found , and they are not able to pay , then they must be set publickly in the stocks by the space of hours . and if the constable , or other inferior officer shall be found to be remiss in executing this law , then he is to forfeit s. in the like manner , and to the like uses . — there is also the penalty of s. and d. for every offence , or ( in case there be no distress to be had ) hours sitting in the stocks is imposed on every one who shall be found or can be proved ( in the manner of proof abovementioned ) to continue tipling in any publick-house : and so highly does our law detest this immorality , that whosoever shall be a second time convicted of drunkenness , is to be bound to their majesties ( with two sufficient sureties ) in a recognizance of pounds penalty for his good behaviour . those who are guilty of drunkenness or tipling , are not punishable , unless they are prosecuted within six months after the offence is committed ; but as to inn-keepers , ale-house-keepers and victuallers , who incurr the penalties of these laws , there is no time limitted for their prosecution . gentlemen , the offences against these statutes concerning drunkenness and disorders in ale-houses , are to be diligently enquired into , and duly presented at every quarter sessions ; as likewise are all defaults of under-officers , in conniving at them , and neglecting to bring them to condign punishment : i doubt not but you will do your parts in it , and you may assure your selves , we shall deal with them as severely as the law will allow us . you are likewise to enquire and present all persons who presume to keep ale-houses without a license from the justices of the peace , that they may undergo the pains and penalties appointed by law. gentlemen , in the next place , all notorious adulterers , and fornicators , bawds , and whores , and all masters , and mistresses of those infamous houses , that harbour and incourage them , fall under the cognizance and censure of the law. and since i cannot say there is already so sufficient a provition made for the punishing and preventing the increase of so scandalous a debauchery , which is a ( deliberate and presumptuous violation of the th . commandment ) as all good men wish to see ; yet ( besides the censures of the spiritual courts , which are very seldom exerted on these occasions , unless they have the prospect of a tedious and expensive suit ) we can inflict some punishments upon them . for bawdery is an offence temporal , as well as spiritual , and is against the peace of the land ; therefore , gentlemen , you are to take care to enquire and present all such persons , who being duly convicted before us , shall suffer the utmost severities the law will allow of . and i think i shall not strain the sense of the statute , if i comprehend all the above-mentioned offenders under the notion of idle and disorderly persons ; to whom any two or more justices of the peace ( but most properly the majority of them in their quarter sessions ) may assign a severe punishment and hard labour in the house of correction , for so long time as shall be thought necessary for their chastisement and reformation ; and for deterring others from following such pernicious examples . and as for those keepers of publick houses , who , contrary to their licences , maintain , harbour , and abett these disorders , ( whereby the youth of the nation are corrupted , and rendred unfit to serve their country ; ) upon your presentment of them , we will take care not only to punish them as severely as we may by fine and imprisonment , but also to suppress them , and to have the forfeitures of their recognizances estreated into the exchequer ; as shall likewise be done to those who suffer in their houses irregularities of any other nature , as drunkenness , the profanation of the lord's day , and the like , of which i have before spoken . and gentlemen , to sum up all that i have to say upon this head , you are to consider , that adultery and fornication are sins so abominable in the eyes of god , that as a punishment for it , of the israelites , who were seduced into these impurities by the daughters of moab , fell in one day of a plague inflicted on them by an immediate vengeance from heaven . therefore , gentlemen , for the averting god's wrath from us , we are all concerned in our several stations , to punish and repress these vices as phinehas did , without respect of persons ; such only , i mean , as are liable to our censure . besides , these crimes which are so frequently and so impudently perpetrated , there are some others also which may not improperly be ranked among the offences against moral justice . but , gentlemen , the proof of some of them is so difficult , and they are so seldom practised , that i shall but just put you in mind of them , and that you are to enquire and present all persons that have invocated , entertained or employed any wicked spirit , or have used any witchcraft , charm , or sorcery ; this is a sin of a very deep die , being dirctly against the first commandment , and is punished with death both by the law of god , and by a statute made in the first year of king james the first ; but it is so hard a matter to have full proof brought of it , that no jury can be too cautious and tender in a prosecution of this nature . however , where the evidence is clear and undeniable , you must proceed according to your oaths . you are also to enquire and present all persons that have depraved the sacrament of the body and blood of our blessed lord and saviour , either by word of mouth , or otherwise ; who being convicted shall suffer imprisonment , and make fine and ransom at the king's will and pleasure if they be prosecuted within three months after the offence is committed . you are also to enquire if any person hath depraved , despised , or derogated from the book of common prayer , by any enterludes , plays , songs , rhimes or other open words ; or hath compelled any minister to use any other form of worship ; for in this case the oftender that is guilty of so great an irreverence to god , and disrespect to the government , both in church and state , shall for the first offence forfeit to their majesties marks , for the second offence marks , and for the third offence , all his goods and chattels , and shall suffer imprisonment during life . you are also to enquire if any restor or vicar ( who keeps a curate ) hath neglected once in a month to read the common-prayer in his parish church ; for all incumbents guilty of this neglect , shall upon complaint made on oath , by two credible witnesses , before two justices of the peace of the said county , forfeit to the poor of that parish pounds a month ; and if the penalty be not paid in ten days after fuch conviction , then his goods are to be distrained and sold for that purpose , by a warrant from the said justices . lastly , you are to enquire , if any person have maliciously struck , or drawn any weapon in any church or church-yard , to the intent to strike another , the offender who is convicted hereof , shall have one of his ears cut off ; and if he have no ear , then he shall be markt in the cheek with the letter f , in token of a fray-maker ; and the law reputes it to be so ungodly and irreligious an action , that all persons guilty of it , are declared to be ipso facto excommunicated , which is the highest censure and penalty the christian church can inflict . i have now , gentlemen , gone through the first part of my charge , i have not knowingly omitted any point that is material , and as for smaller defects , i doubt not but your experience in the proceedings of this court will fully supply them . if the time would allow me , i should in the next place urge you to exert your utmost vigour and diligence in punishing and putting a stop to those violations of moral justice , which are so notoriously prevalent among us , and which ( unless they are speddily reformed by a due severity ) seem to threaten us with extraordinary punishments from heaven , by representing to you at large the weighty and indispensible obligations that lie upon you to do your parts towards the promoting so good a work. but i hope it will be sufficient to hint to you these three considerations , viz. . that you are men and christians . . that you are englishmen , and ( i hope ) all of you well wishers to the present government . . that you have bound your selves by a solemn oath , impartially to enquire and present those who are guilty of these scandalous debaucheries ; and those petty constables , headboroughs and other under-officers , who by their neglect and connivance , without any regard to their duty , or their oaths , have encouraged these vices ; or have made defaults in any other things that relate to their respective offices . gentlemen , if i had time , i should enlarge on every one of these three particulars . — but i assure my self , your own conscience will press these thoughts home to you ; and i doubt not but we shall find by your presentments , that you have a well grounded zeal for the glory and honour of god , a true love to your country , and a sincere and affectionate loyalty to their present majesties king william and queen mary , ( upon whom next under god , our safety wholly depends ) and a tender and conscientious regard to the sacred obligation of an oath ; which being a solemn appeal to the almighty and all knowing judge , and avenger of all falshood and unrighteousness , will , if not faithfully performed , entail god's curse on your selves and your families ; according to that of the prophet zachary , a curse shall enter into the house of him that sweareth falsly by the name of god. gentlemen , i shall now proceed to the second part of my charge ; which comprehends all offences against civil justice . this is a subject so copious , that ( having detained you so long in the former part of my charge ) the time will not permit me fully to declare to you , every particular offence , within the compass of our commission and of your cognizance . therefore , gentlemen , you are to expect only a short summary , of the most material points of your duty ; in drawing up of which if i am less exact than is usual , i hope you will impute it to my want of skill in these affairs ; and to my disability ( which makes it self every way too apparent ) worthily to execute this important office , with which my brethren , who are all of them much fitter for it , have been pleased to honour me . civil justice is a vertue of a very large extent ; for thereby we are obliged even by natural religion to deal with all men as we would be willing , were we in their circumstances , and they in ours , they should deal with us . and if this is a debt we owe to all men , then certainly our own countrymen , who enjoy the same common benefits of security and protection , may much more expect it from us . and to this end that the rich and the poor may be equally safe in what is their own , the laws have not only declared what that is , but have also appointed punishments for those that shall transgress these limits and invade any other man's property . now , gentlemen , those persons who may legally claim this justice at our hands , or in case it be refused them , may appeal to the law for satisfaction for the injury , are either our superiors or our fellow subjects . to the former , namely our parents , whether political or natural , we are obliged by the fifth , commandment to pay obedience , tribute , reverence and honour ; to the latter , namely our fellow subjects , we are obliged by the eighth commandment to render whatsoever is by law due unto them ; and when by force or fraud we take or detain from them any of their legal rights , we are guilty of theft . but to proceed : of governours and magistrates , there are two sorts , — supreme and subordinate . — by the supreme magistrate , you know , none can be meant besides our sovereign lord and lady the king and queen ; against whom the offences which you are to enquire of , and present , are high-treasons , praemunire's , and misprisions of treason . high-treason is a crime punishable with death ; and whoever compasseth or imagineth the death of the king or queen , and declares it by some overt act , whoever levyeth war against the king , whoever shall counterfeit the king , or queen regnants , great seal , sign manual , privy segnet , or privy seal ; whoever shall counterfeit the coyn of this realm , or any other coyn permitted by the king's consent to be current in this kingdom ; or whoever shall bring over from beyond the seas any counterfeit coyn , knowing it to be false , and shall make payment thereof , in deceit of the king and his people , or shall clip , impair , or falsifie any such coin as aforesaid ; or whoever shall obtain or receive from the bishop of rome , or any authority of that see , any bull , writing , or instrument written or printed , or shall use , publish , or put it in ure , or shall be reconciled to the bishop or see of rome , by virtue of any such bull , or shall perswade any person to be reconciled by vertue of such bull ; or shall abett , or conceal such offenders , and offences ; or whoever shall by any other ways or means withdraw , or endeavour to withdraw , any to the romish religion , or whoever shall be so withdrawn , or whoever being a jesuit , seminary priest , or any other priest , deacon , religious or ecclesiastical person of the church of rome , and being a native of this realm , shall come hither , or into any of their majesties dominions ; or lastly , whosoever during the present war with the french king , shall send , load , transport , or deliver , or cause to be sent , laden , transported , or delivered , for the use of the said french king , or any of his subjects residing in any part of his dominions , or in any place in his possession , any arms , ordnance , powder , bullets , pitch , tarr , hemp , masts , cordage , iron , coals , lead , or salt-peter ; or whoever of their majesties subjects shall without license from their majesties voluntarily go or repair , or imbark in any vessel with an intent to go into france , or any dominions of the french king. whosoever gentlemen , commits any of the facts abovementioned , and all their aiders , abetters , counsellors , and maintainers are guilty of high-treason . and by the statute of the th of edw. the d. it is likewise high-treason to kill the chancellor , treasurer , or any of the justices assigned to hear and determine , being in their places doing their offices . all these facts , gentlemen , are high-treason , and you are to enquire and present them . in the next place gentlemen , you are to enquire of such offences against the king and queen , which fall within the statutes of praemunire's . this law was made to preserve the crown of england , from the papal incroachments and usurpations , and to prevent foreign appeals in cases determinable in the king's courts . so jealous were our wise ancestors of the freedom and independancy of the regal power , and of their own liberties , that near two hundred years before the reformation , in the darkest times of popery , there was no less a penalty than being put out of the king's protection , being fined at the king's pleasure , and being imprisoned without bail till that fine should be paid , and their lands , goods , and possessions forfeited to the king , unless they should come in and receive their tryal within two months after summons ; no less a penalty ( i say ) than this was provided for all such as should sue to any foreign court , or to any spiritual court within this realm , to defeat or impeach the judgment given in the king's court ; as also for all such as should on this account , purchase or pursue ( in the court of rome or elsewhere ) any excommunication , bull , or other instrument against the king , his crown , or realm ; or should bring , receive , notifie , or execute them here in england ; and for all their procurers , maintainers , abettors , and counsellors . for in treasons , murthers , and praemunire's ; all the offenders are principals , and are so punishable . it would be too tedious , gentlemen , to receite to you the several statutes that have been made ( especially since the reformation ) concerning praemunire's . it is enough to inform you in the general , that they are mostly levell'd at popish recusants , and at such as by word of mouth or writing , shall defend the authority the pope or any foreign prince may pretend to have over the king , and people of england . and gentlemen , i must not omit taking notice to you , that an act made in the last sessions of parliament , entituled , an act against corresponding with their majesties enemies , declares , that if any person during the present war with the french king , shall send , load , transport , or deliver , or cause to be sent , laden , transported , or delivered for the use of the said french king , or any of his subjects residing in any part of his dominions , or in any place in his possession , any goods , merchandizes , wares , or commodities , shall incurr the pain and forfeiture of a praemunire . this act is so exceeding useful for the nation in this present juncture , that i must particularly recommend it to you diligently to enquire and present all offenders against it . in the next place , gentlemen , you are to enquire and present all misprisions of treason ; which word signifieth in our law , negligence , or oversight , in not revealing to the king , his council , or some magistrate , a treason which any man knows to be committed , or about to be committed ; for it is a high crime , and the consequences may be very dangerous , for any one though not consenting to it , ( for that comes within the statutes of treasons ) to conceal so capital an offence . therefore , for misprision of treason , the offender shall forfeit to the king his goods , and chattels for ever , and the profits of his lands , during his life , and also shall be imprisoned during his life . and ( gentlemen ) now i am discoursing to you concerning such offences as do most immediately strike at the persons and government of the king and queen ; i must take notice to you of three sorts of men , of whom we have at this time no small reason to be apprehensive , and they are these , popish recusants , protestant recusants , and protestants who though they have taken the oaths to their present majesties , and enjoy the benefit of their protection , do yet make it their business to libel and censure the government , and in their words and daily behaviour , shew themselves disaffected , and to give them their due character , are but one degree from traytors . by popish recusants , i mean those subjects of england , who divide their allegiance between the king and the bishop of rome , whom they look upon as christ's vicar on earth , and of whose church and communion they are . on this account they refuse to take the oath of supremacy ( which excludes the pope's power in spiritual matters ) to any prince , though of their perswasion , and if the pope interposes his authority in excommunicating or deposing any protestant prince , ( whom out of their catholick charity they are pleased to call hereticks , ) they fail not when an opportunity offers to rise in rebellion against them , and ( as they did in queen elizabeth's time ) to joyn with any foreigner , whom the pope commissions to invade their native countrey , and reduce it to an italian , a spanish , or which is worst of all , a french slavery . how much their loyalty is to be relyed on , their principles and their practices ; especially in the reigns of that glorious queen , and her peaceful successor , do abundantly testifie ; and i hope while the spanish invasion , and the gun-power-treason , continue recorded in our history as undeniable matters of fact , while papists deservedly lie under an exclusion from all offices of trust and profit , and even from the privilege of voting in parliament as peers , which some mercenary time servers in the late reign were pleased to call their natural birth-right , and inseparable from their persons , while , i say , these things remain as they are , and while we remember ( as i hope we allways shall ) the great dangers the church and nation were lately in by the bigotted zeal of a popish prince , and the inveterate malice of the roman catholicks then armed with power , i hope we shall not fail on all occasions but especially at this time , to have a watchfull eye over their conduct . all the mercies our present king hath extended to them both here and in ireland , ( mercies to be paralleled by none but those of the almighty ! ) cannot yet unhinge them from their dependance upon france , and their subjection to rome , nor put an end to their vain expectations of seeing our present happy settlement wholly unravelled , and their own religion again establish'd , and ours utterly extirpated by the the victorious return ( which they with for , and we all deprecate of the late king , and his pretended son. therefore since nothing will make them friends to this government , prudence directs us to use the best caution we can against their hellish designs ; and since there are many good laws in force against them , there is great reason that they suffer those penalties , ( especially such of them as stand out in defyance to the government ) that are provided for them . and gentlemen , it is your business to enquire and present all popish recusants , and i doubt not but you will express your affection to the government , by doing your duty in this particular . by protestant recusants , i mean those protestant subjects of england , who refuse to take the oaths of allegiance and supremacy to the present king and queen . it may , i confess , seem a paradox that notwithstanding the many calamities we felt in the late reign and those more grievous ones we daily expected , when the making and repealing of laws , should have been in the power of a pack'd parliament , and when the protection of our religion , the defence of our rights , the disposal of our lives , liberties and estates ; and in a word , the administration of justice should have been entirely commmited to a french and irish army , and to a cabinet council of jesuits ; notwithstanding this gloomy prospect , which reduced us even to the brink of despair ; notwithstanding the miraculous deliverance out of these extremities , that the divine providence afforded us at the critical instant , notwithstanding those returns of gratitude which we owe to god the author , and to our present king , the successful instrument of so great a mercy ; notwithstanding , the late king's refusal to do his subjects that justice which his coronation oath obliged him to , and which the prince , out of great kindness to this nation , at a vast expence , and an inexpressible hazard to his own person , came over to demand , notwithstanding the late king 's voluntary desertion , his throwing up the reins of government , and leaving us in a state of anarchy and confusion , notwithstanding the calm , deliberate and free proceedings in calling , chusing , and convening our representatives , notwithstanding the regular and considerate methods that wise assembly follow'd ; in determining the great point of the abdication , and placing their present sacred majesty's in the vacant throne , notwithstanding the manifest reason all private men have in such cases to submit their own opinions to the publick decision of so august a body , notwithstanding the many dangers and difficulties , fatigues and hazards , the indefatigable labour and incessant diligence and anxious cares which have ever since that time denyed his majesty that ease , repose and comfort , which the meanest man here enjoys ; notwithstanding all this was undertaken meerly for our benifit and safety , peace and preservation , ( for excepting our saviour , and the bl. martyr k. charles the st . never did any prince wear a crown so full of thorns ) notwithstanding , ( i say ) the king 's personal merits which ( without flattery i speak it ) deserve an universal empire upon earth , and doubtless will be rewarded hereafter with one of the brightest crowns in heaven , notwithstanding all this , and much more which i could add , would the time permit me , it may ( i say ) seem paradox , but yet , 't is too notorious that there are some protestant recusants , who will not be perswaded they owe any allegiance or duty to this prince . his royal endowments and accomplishments shine so bright , that as much his enemies as they are , they are forc'd to acknowledge that he possesses them in the highest degree , and though they cannot love , they must admire him for them . but all this while they think him an intruder on the rights of another , and some of them are so bold as to call his glorious reign a prosperous usurpation , and not a whit more to be justified then that execrable one of cromwell . i have not time , nor is it my business at present , nor indeed is there any need of it after so many excellent treatises have been written upon the subject ; to argue in defence of the revolution and the present settlement of the nation . those that are its friends require no farther satisfaction , and those that are its enemies , are resolved to continue so , though its advocates had the energy and eloquence of angels . some of them indeed ( but how few are they ! ) i am so charitable as to believe cannot comply with this government out of an error of their understandings , rather than a perverse obstinacy of their will , and those who are so unhappy as to be under this mistake , form no cabals against the government , encourage no seditious conventicles , send no traiterous embassies to france , offer no incense of flattery to that proud tyrant , make no publick assignations for rioting and debauchery on such days as their majesties appoint for a national humiliation ; nor in a word , make it more their business to incense the people against the present government , and to involve us in the calamities of a civil-war , that we may be the easier prey to the great leviathan of europe , than to keep a conscience void of offence , towards god and towards men. this ( gentlemen ) is the character of such a jacobite , ( for in that title the whole party pride themselves ) as is not dangerous ; he considers himself as an english-man and a christian , and though his conscience ( being misinformed ) will not permit him to be actively serviceable for the government ; yet he looks on this scene of affairs to be much more eligible than the last , and thinks it an unpardonable ingratitude to a protestant prince and princess , whom he cannot but highly esteem ( as the only refuge for all the reformed churches ) to sacrifice not only them , and his own country , but also all europe to an opinion which nineteen parts in twenty of the most learned and pious men in the nation reject , and allmost all the princes and states in christendom disallow , and which if it could universally prevail , would only make his ruine the more tolerable , because he should have so many millions of companions in his misfortune . to such a man as this , ( if any such can be found ) i can truly say as the roman orator did of himself upon another occasion , me natura misericordem , patria severum ; crudelem nec patria nec natura esse voluit . my nature inclines me to be compassionate ; a hearty zeal for our religion , and concernment for the publick welfare of my country may perhaps have made me a little severe , but neither my natural disposition , nor the temper of the english nation , nor the genius of the protestant , that is the true christian religion , will allow me to be cruel . and indeed if the honour and safety of the government would allow it , for my own part , the most impudent and inveterate of the factious crew should be quietly permitted to spit their venom , and to ruine their own cause ( as they will at last ) by their foolish and indiscreet management . but a government legally established and regularly administred ( as ours is ) must not tamely suffer the insults of a few pedants and mechanicks ; such as those whom neither prudence nor modesty will restrain within the limits of their duty , must be taught it by the severe discipline of the law. therefore , gentlemen , it is your business diligently to enquire and duly to present all such disaffected and seditious persons , and we will take care to see them punish'd according to the utmost rigour of the law. but , gentlemen , after all that i have said of the popish recusants , and of the protestants who are disaffected to this government , and will not take the oaths ; both these we may look upon as our friends and adherents , if we compare their character with that of those protestant , who swear allegiance to their majesty's , only that they may worm themselves into places of trust and power , and so have the better opportunity to betray us when an enemy declares he will seek our ruine : self preservation prompts us to be upon our guard , and to make preparations for our own defence : but what way is there to keep our selves from being destroyed , when the plausible disguise of friendship , hides the snare from our sight , till our experience tells us , it is impossible to recover our fall ? it would seem a high degree of ill nature to suspect those of treachery , who confirm all their protestations of sincerity by the sacred bond of an oath ; and indeed in such a case one ought not to be too ready to suspect , for christian charity thinketh no evil , but yet when men's discourse , actions , and behaviour , shew the secret inclinations of their hearts , we may then judge of the tree by its fruits . when men who have taken the oaths to the present king and queen , and perhaps by that means enjoy some office of trust under the government , nay perhaps , when they stand in competition with a man more truly and sincerely loyal , and carry their point against him , either by force , or fraud , bribery , or some other artifices , too mean for the spirit of an english gentleman , to stoop to : when i say , such men as these , shall take ( nay seek ) all occasions to magnifie the grandeur , and the power , the courage , the justice and the policy of the french monarch , to envy the happiness of his subject , and to applaud the vast extent of his conquests , to rejoyce at every small advantage he gains over us , to wish every merchant ship that is outward or homewards bound may fall into his hands , to aggravate our losses and detract from our victories , as if the one were irreparable and the other not worth taking notice of , to repine at our plenty , and to mourn at our taxes , which are light burthens in comparison of those our neighbours about this time bear , to censure the most justifiable proceedings of this reign , and to palliate the most enormous excesses of the last , to triumph at tourville's burning a small village on the western coast , and doing some small damage to our fleet , and to be struck with melancholy at king william's victory at the boyne . when i say , men's actions are so contrary to their professions ; what can we think of them but that they are the most egregious hypocrites in nature , a scandal to mankind , and a reproach to the religion they profess ! and such as these certainly deserve to be uncased , that the world may see them in their proper colours , and stamp upon them that brand of infamy they so well deserve . for whatever mercy the government may be so generous as to extend to its declared enemies , these certainly can't be so impudent as to put in for a share . the jews openly preferred barrabas to our saviour , and it is not improbable that some of those very men who so loudly cryed out , crucifie him , came in afterwards , and proving converts to the christian faith , received their pardon . but judas that son of perdition , who betrayed his lord with a kiss , and the smooth complement of hail master , found no place for repentance , but being over-whelmed with despair , became his own executioner . and if the men i have been speaking of did but seriously consider the guilt of breaking so solemn an oath , they would either heartily repent of it as the jews did of their malice to our saviour , or else follow the steps ( in his end as well as in his treachery ) of their great apostle judas . in the mean time ( gentlemen ) it is the duty of all those who wish well to the government , to discover such villains and bring them to punishment ; for else if they go on still in their seditious practices , and pervert the trusts they have committed to them to the ruine of our present settlement , we shall too late be sensible by sad experience that thô they have the voice of jacob , yet their hands are the hands of esau : hands full of treachery and rapine , fraud , deceit , and blood ! therefore , gentlemen , i hope you will not fail to enquire and present such men , who , tho they have sworn allegiance to the government , yet boldly express their disaffection to it by seditious speeches and malevolent reflections . i have now , gentlemen , declared to you at large , in relation to your inquiries and presentments , the duties you owe to god and to the king ; to the former , fear and reverence ; to the latter , honour and allegiance . i now proceed to discourse to you of the duties owing to subordinate magistrates , which are these : a respect to them on the account of the character they bear , and a due submission to their legal orders , for our laws are so careful to preserve the chain of subordinate government entire , that 't is murther to kill the meanest officer in the execution of his office , and to abuse him in it , or for it , is a high contempt and punishable in this court ; as are also all contempts of the under officers towards us their superiors , in neglecting to obey our orders and execute our warrants , and likewise all disobedient , sawcy , and unmannerly behaviour of any other person that is brought before us . these things gentlemen , you are to enquire and present . in the next place , gentlemen , you are to enquire and present all offences against that civil justice we owe to our fellow subjects , and they are these , . petty-treason , of which all those are guilty who being wives , children , servants , or private clergy-men , murther their husbands , parents , masters , mistrisses , diocesans or ordinaries . for all these offenders owe faith , duty , and private obedience to the party murthered . after petty-treason , the next felony you are to present ( for these and several other crimes come under the general denomination of felony ) is murther . this when it is committed upon malice prepense , is called willful murther , and the offender hath no benefit of his clergy , and within this comes also malice implyed , where a person suddenly kills another without any provocation given , or stabs a man who hath no weapon drawn . manslaughter is where a person kills another upon present heat or a sudden passion , in this case the offender is allowed his clergy . the next crimes to be enquired and presented ( as ' felonies ) are rapes , burnings of houses , burglary , and all sorts of robberies , whether on the road or in houses open or shut , stealing of horses or other cattel abroad , or elsewhere . thefts , petty larcenaries , and the return of any dangerous rogue into this realm , without license , after he hath been banished , is felony , and enquirable in this coutt , as are likewise all manner of felonies whatsoever . you are likewise to enquire and present all trespasses against the peace ; and these are assaults , batteries , blood-sheds , maihems , forcible entries , forcible detainers , riots , routs and unlawfull assemblies . what these are , i doubt not but you all very well know , and therefore i shall not spend time in defining them to you , but only tell you again , that it is your duty to enquire and present them . in the next place , gentlemen , you are to enquire and present all libellers , barretors , extortioners , frauds , and deceits , the neglect of all constables , headboroughs , and tything-men , in doing their duties , ( especially as to , all matters relating to the punishing and repressing of vice and debauchery , concerning which i have already discoursed to you at large ; ) as likewise the neglect of all overseers of the poor , and surveighers of the high ways , in relation to whom i desire you to take notice of the two acts of parliament pass'd this last session , concerning the poor and the high ways ; of which i would give you the heads if the time would allow me . you are also to enquire and present all disorder between masters and servants ; all fore-stallers , ingrossers , regrators , destroyers of the game , and disordered victuallers , and you are to enquire and present all annoyances , as disorderly ale-house-keepers , cottagers , receivers of inmates ; the defaults of high-ways and bridges , and the permission of free passage to rogues and vagabonds , who ought to be severely punish'd , and sent back to the places of their legal settlement . gentlemen , i am sensible i may have omitted several particulars of your duty , but since you cannot ( as i suppose ) be ignorant of them , that will not excuse you from presenting these and all other offences that come to your knowledge . as to those points that i have so largely insisted on , i must tell you plainly , that i expect you use your utmost diligence ; i had almost forgot to hint to you one reason , as strong as any that can be drawn from interest , why you should punish all immoralities with the utmost rigour of law , and that is , the daily increase of the poor in almost every parish , so that in some places the rates for the poor exceed the publick taxes assessed by parliament , for c●rrying on the war. whereas i dare boldly affirm , that if common swearers , prophaners of the lord's day ; drunkards , tiplers , and those inn-keepers , ale-house-keepers , and victuallers , who suffer disorders in their houses , duly paid the penalties appointed by law , almost every parish would be eased of half their charge , or if that continued , it would be a light burthen and a very tolerable grievance , in comparison of the immoralities and disorders that have over-spread the nation , you are also to consider that all these forfeitures do of right belong to die poor ; they have as good a title to them as any man hath to his estate , and certainly to rob and defraud the poor is a crime above the common level ; and those who connive at it are undeniably accessaries to it . to conclude , gentlemen , let me once more desire you to remember your oaths , and in order to the discharging your duty with the greater sincerity and diligence ; let me advise you to fix in your minds a strong idea of the general appearance we must all one day make before the great tribunal , in comparison of which the most solemn and august court of judicature here upon earth , ( though it may in some small measure represent it to our thoughts ) is but a piece of formal and vain pageantry . and now , gentlemen , without detaining you any longer , i dismiss you all to your several inquiries . finis . advertisement . lately publish'd a discourse of natural and revealed religion , in several essays . or a light of nature , a guide to divine truth , by mr. tim. nourse , and sold by john newton in fleet-street . notes, typically marginal, from the original text notes for div a -e gen. . . hollinsh . . stat. . e. . c. . isai . c. . v. . isai . c. . . . luk. c. . v. . mat. c. . v. . psal . . v. . hierocles . exod. c. . v. . st. mat c. . v. . stat. . jac. . c. . exod. c. . v. . v. . kings . v. . st. mark. c. . v. . stat. . eliz. c. . prov. c. . v. . psal . c. . v. . exod. . , , , . v. . v. . arch-bip . sharp's sermon june . . p. , . exod. . v. , . num. c. . v. st. markc . . v. . stat. . car. . c. . stat. . car. . c. . stat. car. . c. . stat. . car. . c. . stat. . jac. . c. . stat. . jac. . c. . stat. . jac. . c. . stat. . car. . c. . stat. . jac. . c. . stat. . jac. . c. . stat. . car. . c. . exod. c. . v. . dalton c. . s. . st. . jac. . c. . cor. c. . v. . exod. c. . v. . stat. . jac. . c. . stat. . ed. . c. . stat. . eliz. c. . stat. . car. . c. . stat. . and . ed. . c. . zach. c. . v. . st. mat. c. . v. . exod. . v. . v. . stat. . ed. . stat. . mar. c. . stat. . and . p. and m. c. . stat. . eliz. c. . stat. . eliz. c. . stat. . eliz. c. . stat. . jac. . c. . stat. . and . guil. and mar. stat. . eliz . c. . stat. . r. . c. . stat. . and . guil. and mar. dalton c. . act . v. . . cor. c. . v. . st. matth. c. . v. . st. matth. c. . v. . st. mark. c. . v. . st. matth. c. . v. . c. . v. . genes . c. . v. . by the protector. a proclamation prohibiting delinquents to bear office, or to have any voice or vote in election of any publique officer. england and wales. lord protector ( - : o. cromwell) this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) by the protector. a proclamation prohibiting delinquents to bear office, or to have any voice or vote in election of any publique officer. england and wales. lord protector ( - : o. cromwell) sheet ([ ] p.) printed by henry hills and john field, printers to his highness, london : mdclv. [ ] dated at end: given at white-hall the one and twentieth day of september, in the year of our lord god, one thousand six hundred fifty and five. reproduction of the original in the british library. eng debtor and creditor -- great britain -- early works to . great britain -- history -- commonwealth and protectorate, - -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no by the protector. a proclamation prohibiting delinquents to bear office, or to have any voice or vote in election of any publique officer. england and wales. lord protector a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - john pas sampled and proofread - john pas text and markup reviewed and edited - pfs batch review (qc) and xml conversion ❧ by the protector . a proclamation prohibiting delinquents to bear office , or to have any voice or vote in election of any publique officer . whereas by act of parliament made , and published the eighth day of october , in the year of our lord one thousand six hundred fifty and two ; it is ( amongst other things ) enacted and ordained , that no person or persons whatsoever that had his estate sequestred , or his person imprisoned for delinquency , or did subscribe , or abet the treasonable engagement in the year one thousand six hundred fourty and seven , or had been aiding , or assisting to the late king , or any other enemies of the parliament , should be capable to elect , or be elected , to any office , or place of trust , or power within this commonwealth ; or to hold , or execute any office or place of trust , or power within the same ; his highness the lord protector in his great care and wisdom , considering the premisses , and foreseeing the dangers this commonwealth must necessarily be exposed unto , if such malignant and disaffected persons should be in offices of trust and power in the commonwealth ; and calling to mind the late horrid treason and rebellion , contrived and carried on by the inveterate and restless malice of that party to involve these nations in blood and confusion ; who have avowedly , and with open face professed their end was , and still is ( though in the utter ruin and desolation of these nations ) to set up that power and interest which almighty god hath so eminently appeared against ; his highness therefore , in order to the peace and welfare of these nations , committed to his charge , and to prevent the dangerous consequence of permitting such persons to hold , or exercise any place or office of trust or power in this commonwealth , hath , by and with the advice and consent of his council , thought fit to publish and declare , and doth hereby signify his will and pleasure to be , that especiall care be taken , that the magistrates , officers , and ministers of iustice elected and chosen within the several places of this commonwealth , shall be such as are of pious and good conversation , and well qualified with discretion , fitness and ability to discharge the trust committed to them . and that no person or persons of what quality or condition soever , whose estates have at any time heretofore been duly sequestred , or their persons imprisoned for their delinquency , or who did subscribe , or abet the said treasonable engagement , or have been in any wise aiding , assisting , or abetting the late king , or his family , or allies , or any other the enemies of this state and commonwealth , shall be elected , or give his or their voice or vote , in the election of any person or persons to any office or offices , place or places of trust , power or government , within this commonwealth ; or shall hold , exercise , or execute by him , or themselves , or his or their deputies or assigns , any such office or offices , place or places within the same , untill his highness command be further known , on pain of his highness displeasure , and such penalties , and punishments as may and shall be severely inflicted on them as disturbers of the publique peace , and contemners of his highnesse just commands herein : and for the better and more effectual execution of the premisses , his highness doth hereby straightly charge and command all sheriffs , mayors , bayliffs , constables , head-boroughs , and other officers and ministers both civil and military in their several places , to take especial care , that this his highness pleasure , and express commandment , be from time to time in every thing duly performed , as they and every of them will answer the neglect of their duties herein , whereof his highness will expect a strict and due accompt from them . given at white-hall the one and twentieth day of september , in the year of our lord god , one thousand six hundred fifty and five . london , printed by henry hills and john field , printers to his highness , mdclv . an act declaring and constituting the people of england to be a commonwealth and free-state. laws, etc. england and wales. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) an act declaring and constituting the people of england to be a commonwealth and free-state. laws, etc. england and wales. sheet ([ ] p.) printed for edward husband, printer to the honorable house of commons, and are to be sold at his shop in fleetstreet, at the sign of the golden-dragon, near the inner-temple, london : may . . steele notation: and be or. also issued as part of a through-paged folio set with a table for the entire set added and as part of "an act prohibiting the proclaiming of any person to be king" london, printed by john field for edward husband, . ornament at head; initial letter; text in black letter. order to print dated may . reproductions of the originals in the british library (thomason tracts) and the harvard university library (early english books). eng great britain -- history -- commonwealth and protectorate, - -- early works to . great britain -- politics and government -- - -- early works to . great britain -- constitutional history -- th century -- early works to . a r (thomason e _ ). civilwar no an act declaring and constituting the people of england to be a commonwealth and free-state.: england and wales. a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - elspeth healey sampled and proofread - elspeth healey text and markup reviewed and edited - pfs batch review (qc) and xml conversion an act declaring and constituting the people of england to be a commonwealth and free-state . be it declared and enacted by this present parliament , and by the authority of the same , that the people of england , and of all the dominions and territories thereunto belonging , are and shall be , and are hereby constituted , made , established and confirmed , to be a common-wealth and free-state : and shall from henceforth be governed as a commonwealth and free-state , by the supreme authority of this nation , the representatives of the people in parliament , and by such as they shall appoint and constitute as officers and ministers under them for the good of the people , and that without any king or house of lords . die sabbathi , maii , . ordered by the commons assembled in parliament , that this act be forthwith printed and published . hen : scobell , cleric . parliamenti . london , printed for edward husband , printer to the honorable house of commons , and are to be sold at his ship in fleetstreet , at the sign of the golden-dragon , near the inner-temple , may . . his majesties gracious message to the house of commons england and wales. sovereign ( - : charles ii) this text is an enriched version of the tcp digital transcription b of text r in the english short title catalog (wing c aa). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo b wing c aa estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. b ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) his majesties gracious message to the house of commons england and wales. sovereign ( - : charles ii) charles ii, king of england, - . england and wales. parliament. house of commons. sheet ([ ] p.) by a society of stationers, re-printed at edinburgh : . caption title. royal arms at head of text; initial letter. dated: june . . concerning the bill of indemnity, june . reproduction of the original in the national library of scotland. eng amnesty -- great britain -- early works to . great britain -- politics and government -- - -- sources. broadsides -- scotland -- th century. b r (wing c aa). civilwar no his majesties gracious message to the house of commons england and wales. sovereign a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion c r honi soit qvi mal y pense royal blazon or coat of arms his majesties gracious message to the house of commons . charles r. we have had too ample a manifestation of your affection and duty towards us , the good effect whereof is notorious to the world , to make the least doubt of the continuance and improvement thereof , or in the least degree to dislike what you have done , 〈◊〉 to complain of what you have left undone . we know well the weight of those affairs which depend upon your counsels , and the time that must unavoidably be spent in debates , where there must naturally be difference of opinion and judgement , amongst those whose desires of the puplique peace and safety , are the same ; and neither we nor you must be over much troubled , if we find our good intentions , and the unwearied paines we take to reduce those good intentions into reall acts , for the quiet and security of the nation , misrepresented and mis-interpreted , by those who are in truth , afflicted to see the publique distractions , by gods blessing , so near an end ; and , by others upon whose weaknesse , fears and jealousies , the activity , and cunning of those ill men , have too great an influence . how wonderfull , and miraculous soever the great harmony of affections between us and our good subjects is , and that it is so visible and manifest to the world , that there scarce appears the view of any clould to overshadow or disturb it ; yet , we must not think that god almighty hath wrought the miracle to that degree , that a nation , so miserably divided for so many years , is so soon , and entirely united in their affections and endeavours as were to be wished ; but that the evil consciences of many men continue so awake for mischief , that they are not willing to take rest themselves , or to suffer others to take it : and we have all had too sad experience of the unhappy effects of fears and jealousies , how groundlesse and unreasonable soever , not to think it very necessary to apply all timely and proper remedies to those distempers , and to prevent the inconveniencies and mischiefs , which too naturally flow from thence : we well foresaw , that the great violation which the laws of the land had for so many years sustained , had filled the hearts of the people , with a terrible apprehension of insecurity to themselves , if all they had said and done should be lyable to be examined and punished by those laws , which had been so violated ; and that nothing could establish the security of king and people , but a full provision , that the returning to the reverence and obedience of the law , ( which is good for us all ) should not turn to the ruine of any , who are willing and fit to receive that protection hereafter from the law , and to pay that subjection to it , that is just and necessary , and therefore we made that free offer of a general pardon , in such a manner as is expressed in our declaration , and how ready and desirous we are to make good the same , appears by our proclamation , which we have issued out upon , and according to your desire . however it is evident , that all we have , or do offer , doth not enough compose the minds of our people , nor in their opinions can their security be provided for , till the act of indemnity and oblivion be passed ; and we find great industry is used by those , ( who do not wish that peace to the kingdome they ought to do ) to perswade our good subjects , that we have no mind to make good our promises , which in truth we desire to perform for our own sake as well as theirs : and we do therefore very earnestly recommend it to you , that all possible expedition be used in the passing that most necessary act , whereby our good subjects generally will be satisfied , that their security is in their own hands , and depends upon their future actions , and that they are free for all that is past ; and so all the endeavours of ill men will be disappointed , which would perswade them not to do well now , because they have heretofore done amisse . and we are the more engaged to this our recommendation , because upon the reflection of your eminent zeal and affection for our service , and hearty concurrence with us in all we have desired from you , men are apt to perswade others ( though they do not believe it themselves ) that the passing this act is therefore deserred , because we do not enough presse the dispatch of it ; which we do desire from our heart , and are confident you will the sooner do , upon this our earnest recommendation . wednesday , june . . ordered , that his majesties gracious message to the house , delivered by mr. secratary morris , the . of june instant , and then read , be forthwith printed and published . will. jessop clerk of the commons house of parliament . re-printed at edinburgh by a society of stationers , . by the king, a proclamation proclaimedin [sic] london the ninth of iune england and wales. sovereign ( - : charles i) this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing c a). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing c a estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) by the king, a proclamation proclaimedin [sic] london the ninth of iune england and wales. sovereign ( - : charles i) charles i, king of england, - . broadside. s.n., [london : ] imprint suggested by wing. "given at our court at yorke the day of may, ." reproduction of original in the harvard university library. eng great britain -- history -- civil war, - . great britain -- politics and government -- - . a r (wing c a). civilwar no by the king, a proclamation proclaimedin [sic] london the ninth of iune england and wales. sovereign a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion c r diev et mon droit honi soit qvi mal y pense royal blazon or coat of arms by the king . a proclamation proclaimed in london the ninth of iune wheras by the statute made the seventh yeare of king edward the first , the prelats earles , barons , and ommonalty of the realme , affirmed in parliament , that to the king it belongeth , and his part it is by royal seigniority straitly to defend wearing of armour , and all other force against the peace , at all times when it shall please him , and to punish them which shall doe contrary , according to the lawes and usages of the realme ; and hereunto all subjects are bound to aide the king as their soveraign lord at all seasons , when need shall be . and whereas we understand , that expresly contrary to the said statute , and other good lawes of this our kingdome under colour and pretence of an ordinance of parliament , without our consent , or any commission or warrant from vs ; the trained bands , and militia , of this kingdome have been lately , and are intenbed to be put in arms , and drawne into companies in a warlike manner , whereby the peace and quiet of our subjects is , or may be disturded : wee being desirous by all gracious and faire admonitions to prevent , that some malignant persons in this our kingdome , do not by degrees seduce our good subiects from their due obedience to vs , and the lawes of this our kingdome , subtilly endeavouring by a generall combustion or confusion , to hide their mischievous designes and intentions against the peace of this our kingdome , and under a specious pretence of putting our trained bands into a posture , draw and engage our good subjects in a warlike opposition against vs , as our towne of hull is already , by the treason of sir iohn hotham , who at first pretended to put a garrison into the same , onely for our security and service . we doe therefore by this our proclamation expresly charge and command all our sheriffs , and all colonels , lieutenant-colonels , serjeant-majors , captains , officers , and souldiers belonging to the trained bands of this our kingdome , and likewise all high and petty constables , and other our officers and subjects whatsoever , upon their allegiance & as they tender the peace of this our kingdome , not to muster , leavy , raise or march , or to summon or warne upon any warrant , order , or ordinance from one or both houses of parliament ( whereto we have not , or shall not give our expresse consent ) any of our trained bands , or other forces , to rise , muster , march , or exercise , without expresse warrant under our hand , or warrant from our sheriffe of the county , grounded upon a particular writ to that purpose , under our great seale . and in case any of our trained bands shall rise , or gather together , contrary to this our command , we shall then call them in due time to a strict account and proceed legally against them as violators of the lawes , and disturbers of the peace of the kingdome . given at our court at yorke the day of may , . fides-anglicana, or, a plea for the publick-faith of these nations lately pawned, forfeited and violated by some of their former trustees to the rendering it as infamous as fides-punica was heretofore : it is humbly offered to consideration in a petitionary remonstrance to all in authority on the behalf of many thousands to whom securities were given upon the said public-faith and was prepared to have been put forth during the sitting of the last parliament ... / by the author george wither. wither, george, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing w ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing w estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) fides-anglicana, or, a plea for the publick-faith of these nations lately pawned, forfeited and violated by some of their former trustees to the rendering it as infamous as fides-punica was heretofore : it is humbly offered to consideration in a petitionary remonstrance to all in authority on the behalf of many thousands to whom securities were given upon the said public-faith and was prepared to have been put forth during the sitting of the last parliament ... / by the author george wither. wither, george, - . p. [s.n.], london : . reproduction of original in the harvard university library. eng great britain -- politics and government -- - . a r (wing w ). civilwar no fides-anglicana. or, a plea for the publick-faith of these nations, lately pawned, forfeited and violated by some of their former trustees, wither, george b the rate of defects per , words puts this text in the b category of texts with fewer than defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - jonathan blaney sampled and proofread - jonathan blaney text and markup reviewed and edited - pfs batch review (qc) and xml conversion fides-anglicana . or , a plea for the publick-faith of these nations , lately pawned , forfeited and violated by some of their former trustees , to the rendring it as infamous , as fides-punica was heretofore . it is humbly offered to consideration , in a petitionary remonstrance to all in authority , on the behalf of many thousands , to whom securities were given upon the said publick-faith ; and was prepared to have been put forth during the sitting of the last parliament . by the author george wither . it comprehends likewise , an expedient , whereby the honour of the king and nations may be preserved in redeeming the same , without oppressing private persons , or overburthening the publick : and thereto are added two or three examplary narratives out of antiquity , evidencing that neglect of justice is dangerous ; and that the freedom of expression assumed by the author , is neither needless in such cases , nor unjustifiable by warrantable precedents . veritas non quaerit angulos . london , printed in the year mdclx . fides-anglicana . or , a plea by way of remonstrance , for the publick-faith of these brittish nations , humbly offered to all in power and authority , joyntly and individually , by whatsoever title or name they are lawfully active ; and to whom a care of preserving the peace and honour of these kingdoms doth appertain . psalm . v. , , , , &c. god standeth in the congregation of the mighty , he judgeth among the gods : how long will ye judge unjustly , and accept the persons of the wicked ? defend the poor and fatherless , do justice to the afflicted , preserve the poor and needy out of the hands of the ungodly , &c. whereas in the hopes entertained rationally by this remonstrant and others , upon his majesties late voluntary and gracious condescentions ( without any care taken for our indempnity , at his restauration , by the trustees of these nations ) they rested thankfully therewith contented ; being much comforted in the kings prudent and tender respect vouchsafed to their sad condition ; and have ever since , ( though it be now about eight or nine moneths ) waited in a patient expectation of some timely settlement , according to his royal declaration , speeches , references and commission ; notwithstanding many of them have in the mean time been almost quite destroyed in their estates and credits , and some utterly ruined by the impatience of their creditors ; by the violence of untimely intruders upon their possessions ; by vexatious suits commenced against them ; and by paying great taxes and other duties , for those lands by them purchased , which are intruded upon contrary to an order of parliament , and other prohibitions ; as also , because some of the said purchasers have been so impoverished by former oppressions , that ( to the publick damage , as well as to their own ) much of the said lands lyeth waste , in regard they have neither wherewith to stock those which came lately into possession , nor means to demise them to tenants , whilest their titles are disparaged . which with other destructive grievances daily multiplying , have constrained this remonstrant ( who in his own person , is made sensible of other mens afflictions , well near in every kind ) both for preventing the utter undoing of himself with his relations , and of many thousands more , together with their creditors and relations , humbly to remonstrate as follows . that the long delayed , and justly expected relief of the said purchasers and lenders ( of which this remonstrant is one ) seems to him prolonged by the sinister endeavours or neglects of some from whom they hoped better things , occasioning no less dishonour and hazard to the king and nation , then injury to their patience , whose dammages are multiplyed thereby : for instead of what was rationally hoped for , this remonstrant and many more , are among other frequent upbraidings and provocations , jeered with this untimely and unsavoury caution , caveat emptor ; which hath obliquely , a worse reflection upon venders then buyers in their condition ; implying rather caveant venditores , in regard it is a caveat to be given before-hand ; and to those only , who contract with persons justly suspected to be either cheaters or beggars , and ought not to be applyed to them who were purchasers from states or parliaments , who have engaged the publick faith of a whole nation to confirm their sales and securities : for they should with reverence be confided in , by all under their authority , lest such become guilty of exposing it to contempt ; and therefore , the said purchasers and lenders , were not ( till really damnified ) to suspect or question , whether the grants and securities to them offered , would be valid or invalid ; or whether the estates exposed to sale by the parliament , were justly or unjustly bargained and sold ; because it was to be presumed that states and parliaments , are not only at all times able to make good their bargains and securities , or to give full recompence to those who shall be thereby damnified , if it prove otherwise ; but that ( being thereto obliged both in honour and justice ) they will also punctually perform the one or the other , without receding from their bargains , or hagling like broken debtors : and therefore by one of these wayes , the said purchasers and lenders presume they shall accordingly be saved harmless . and , it is their humble desire , it may be timely and effectually done , in respect of those destructive necessities afore-mentioned , whereinto many of them are plunged ; and that they may not be listened unto , who seek to perswade those who should relieve them , that ( as affairs now stand ) there is no obligation upon the supream power , or upon the representatives of this nation , to take cognizance of those engagements ; for , whatsoever they think , the publick peace , and the honour of the whole nation , together with their kings and parliaments , will therein be much concerned , whether their power who granted those estates and securities , were justly or unjustly constituted , or exercised ; considering it was then the sole visible power in being , assented and submitted unto as an authentick authority , by the greatest number of the people of every degree and qualification , in these three nations , without any open contradiction ( which implies an universall assent , or what is so equivalent thereto , that a factious or rebellious combination could not be justly thereto imputed . ) it was acknowledged to be then the supream power , not only by popular voices in the air , but by voluntary subscriptions also , under the hands of well near all the magistrates , knights , citizens and burgers of all counties , cities and corporations in these dominions , without any open protest made against it ; and , de non apparentibus & non existentibus eadem est ratio : those things , which when they should appear , appear not , reputed are , among the things that are not . moreover , it was actually owned and obeyed by the nobility , as the supream authority , and by the reverend judges of our land in every court of record ; by the pastors of parochial churches , and congregations of each several judgement , to be by divine precepts , and the examplary practise of christ and his apostles , that power ( being then the power which had sole visible being ) whereto obedience was due : such also it was generally reputed and acknowledged by the publick ministers of all neighbouring nations , kings , princes , and republicks ; wiser then whom , it could not be expected , that this remonstrant , or any of the said purchasers and lenders should have been . therefore , if they were deceived , the examples of such considerable persons , and so much reason deceived them , that no man living can be certain , wherein he is not deceived ; or that he may not be as much deceived now , or hereafter , as he , and others were heretofore . but , without question , the powers in being , whether by gods grace or permission , all power being given by him , ( even that which pontius pilate had to crucifie his son ) are to be the object of our obedience while they continue , whatsoever they seem ; and no man can be justly blamed for submitting actively thereunto in meer civil things , or with a passive obedience , in matters relating to god and conscience ; nor can this principle be disadvantagious to the power for the time being , but will be a great strengthening and security thereunto , if well understood : even as a man , whether he were lawfully or unlawfully begotten , is truly and essentially a man , and so reputed , as long as the soul and body continue together , ( howsoever he shall be dismembred by others , or by his own default . ) so , that power and parliament , by which the said securities and sales were given and made , were a valid power , and a true parliament , to all intents and purposes , so long as they retained that which was essential to supream powers and parliaments , how surreptiously soever that power was acquired , or whatsoever was but accidentally defective : or else perhaps , the lawfulness of most powers and parliaments , ( yea , and of most humane authorities and constitutions ) would be otherwise found defective enough to be questioned , and to have all their transactions rendred invalid : and so likewise , they may de facto ( how just soever they be de jure ) when a power shall be permitted to raign , which is strong enough to make will and pleasure the supream law : for ( to speak truth in plain english , which this remonstrant heartily loves to do , when just occasion is offered ) a prevailing power , in the hands of tyrants , ( howsoever acquired ) is while it hath being , paramount to all laws and rational arguments ; and will be obeyed in every thing as it pleaseth , right or wrong ; or else break or destroy all that opposeth it , till god extraordinarily restrains it , or breaks it into pieces . blessed be his name for it , we are not yet subjected to such a tyrannie as our sins have deserved ; but , to a king from whom we have received an earnest , making us hopeful that justice and mercy will equally flow from the throne , either when he shall be fully and rightly informed of such particulars as are pertinent to his cognizance and care ; or when god's time is come : and therefore , this remonstrant , doth in order thereunto , hereby signifie on behalf of himself and such other purchasers and lenders as aforesaid ; that , when they engaged with and for the the said parliament ( lent their moneys , and purchased the forementioned estates ) they did it not upon any factious principle ; nor meerly to get satisfaction for what they had disbursed , or to have recompence for services formerly done ; but , for supply also of publick necessities , and to dis-engage the said parliament and nation from those debts , which were originally contracted for the service of the late king ; by which debts , other engagements were ( in part at least ) occasioned ; and for discharge whereof , that parliament was impowered to continue undissolved , till the said debts and engagements were paid and discharged : and this remonstrant then believed , and still believes , that the said parliament was fully authorised , both to raise money by what lawfull means they could , to supply publick wants , and to make such sales and securities as they proposed , to repay and satisfie for what was lent , bought , or acted by their commands , for the publick honour or safety : and he so believes , because parliaments were that supream council of the kingdom , to whose orders , acts , and ordinances , the people had ever heretofore been obedient , without scruple or blame ; yea , whereto no less obedience was required , then to the kings personal commands ; nay , much more , as it was then thought , when empson and dudley , two eminent persons , ( and as this remonstrant remembers ) of the kings privy council , were condemned by judgement in parliament , and executed for their officious obedience , in executing the kings illegal commission under the great seal of england ; which was more obliging , then his personal mandates . a popular supream power , whilest it is actually in being , cannot be properly impeached of treason , nor any who acts by the commands or authority thereof : because , it was then our duty to be obedient thereto . and though a single person , or few , or many , yea though cities , counties , provinces , and whole armies may be traytors , it is not reasonably supposed the representatives of whole nations can so be , and if possibly they might , there is no competent judge thereof but god himself , who usually determineth such differences ( as he is lord of hosts ) by the sword , as he did lately upon a joynt appeal , and afterward , by reversing again that judgement for the sins of these nations , hath righteously executed his dooms on both parties , for their mutual failings in their reciprocal relations ; and which dooms were reciprocally inflicted on both the said parties for their treasons against his divine majesty , for their gross hypocrisies , apostasies , prophaneness , unmercifulness and injustice , in which many imitate each other to this day . for even many of those actions which ought not to have been done , lay obligations upon their actors and their successors , when they are done . children should not be unlawfully begotten ; yet when mis-begotten , the parents are obliged in all duties by them to be performed to their children . the israelites were not to have made a league with the gibeonites ; but when it was made , they were bound to observe it ; and for the breach thereof , the whole nation was punished many years after , and seven of their kings sons hanged also for that transgression . moreover , it is further considerable , that the parliament which made the said sales , and granted the said securities , were both the kings and peoples trustees , summoned by the late kings writ , to consult about the most weighty affairs of the kingdom , and delegated by a popular election , to dispose of the peoples interest , as they should find cause , for the common good . and thereupon , this remonstrant conceived , he might reasonably have confided as much in that parliament , as in this now sitting ; and doth suppose , that they who make question of the former , may as rationally be doubtful , both of this , and of all future parliaments ; especially , if the successors of that power and parliament shall not , ( or ought not in equity ) to confirm their sales and securities , nor give recompence to those who are damnified , out of the estates of those who trusted them with the publick faith , whose estates , as long as they shall be a people , will in conscience , be liable thereunto . and , it seems to this remonstrant , by matter of fact , since the sitting of this present parliament , that even in their judgement , the sales and securities , granted and given by the long parliament , should be made good according to their intention . for , they caused or ordered payment to be made of very great summs to the now lord maior of london , and to major general massey ; persons who heretofore were of the same judgement with other men , now called phanatiques ; and who then opposed the kings armed power , both in field and garrison , as vigorously as any , in the beginning of the late war ; and were instrumental in that , which enabled others to prosecute him to death : these had no other , but the very same security , which the remonstrant , and the rest afore-mentioned , had for money lent , lands bought , and services done by the commands of that representative of this nation , and which to make good the said securities , was by a peculiar positive law , to have been continued as aforesaid , to that purpose , till they were dissolved by an act of parliament , with their own consent . the loss of which power , whether occasioned by their own default , or other mens , or by god's immediate justice upon them , is no bar in equity , to the purchases claimed , securities or debts aforesaid ; in regard the nation in whose name they were made and contracted , to whose use the said money was raised , by the said sales , loans , and condescentions ; ( and upon whose credit also they were granted by their own acts , personated by their trustees ) is the same nation by whom all this was transacted , and to whom the injustice and dishonour of violating those securities will be imputed : and if the representative thereof now in being , or some other hereafter impowered , provide not an expedient whereby to disoblige it from the said securities , it will be a blot upon it ( yea worse ) whilest it is a nation . for , it will be liable to the judgements which are due to such a failing , in what ought to be performed . also , if those securities be rendred void , ( for whose confirmation such extraordinary provision was made ) nothing will hereafter be reputed a good security , which can be thereby given : for , in probability , states and parliaments will so lose their credit , that they will not only be reputed the greatest cheaters in the world ; and the most cruel and most foolish destroyers of their own honour and relations ; but also , in whatsoever necessity they shall be , will never more be confided in , notwithstanding all their specious pretences , plausible speeches , declarations , protestations , and engagements ; and then their magisterial slighting , contemning , and condemning , just and reasonable proposals , cautions , and humble requests of oppressed supplicants , will have evil consequents , though they may serve their ends for a while . the remonstrant fears this result , and that there are some endeavouring to make invalid the said securities , together with the kings gracious condescentions , if it be possible , both to the remonstrant and others , who can hardly walk the streets without abusive affronts and provocations ; in which considerations it is presumed he is allowed by the law of nature , ( and shall be permitted by your humanity ) to plead and insinuate in a peaceable manner , such motives as reasonably tend to their timely relief ; especially , when they are made almost careless of their lives by being totally deprived of that , whereupon life dependeth , through their neglect of justice to whom they conscientiously adhered . but much more weight may be laid upon the argument drawn from that tender respect , that ought to be had to the honour of the king and his parliament , which this remonstrant cannot chuse but frequently touch upon , as being of very high concernment . a gentleman of the lowest rank , who hath any sense of his true honour , is no less careful to keep his word and promise , then to perform what he is obliged unto by an instrument confirmed with hand and seal ; yea more , because he to whom he stands engaged by the latter , confided less in him , and hath a legal security , whereby he may probably be saved harmless , howsoever he be inclined to make performance , who gave him credit . and it ought to be remembred , that by his majesties declaration from breda , concerning sales ; by a declaration made in this parliament the . of may last ; by his majesties proclamation the . of june last ; by an order in parliament last august , restraining ecclesiasticks from granting leases of any of the said lands by them claimed ; by his majesties speech at the end of the first session of this parliament ; and by the l. chancellours speech seconding the same ; ( which gave hope that som good proceed should be made toward the relief promised , before the members of this parliament were arrived at their countrey-houses . ) it seemed to be the intent both of the king , and of this parliament , that the said purchases should , and ought , to have been confirmed to the late purchasers ; and that in the mean time , their possessions should be quieted , and their rents and arrears paid unto them by their tenants : nevertheless , to the dishonour both of the king and parliament , the prelates not only slight the orders and acts of the commons alone , and the ordinances of the lords and commons joyntly , with that which was declared by the king , as aforesaid ; but , do many other wayes , act so violently and arbitrarily repugnant to these condescentions , as if they would make the people believe , that they knew the king and this parliament intended not what they declared , except only in things relating to the benefit of them the said prelates : for , the first votes of this house of commons , for restoring them to their mansion-houses , and the votes of the grand committee , excluding persons , under several qualifications , ( not excepted in the act of oblivion ) from the benefit of the intended act for confirmation of sales , they observe , and impose as laws upon the people ; but , on the contrary , the votes of the same house , for prohibiting them the said ecclesiasticks to grant any leases , until the intended act of sales was passed ; as also , for the augmentation of vicaredges , and the votes of the said grand committee , for satisfying the purchasers their money and interest , before they did part with their possessions , they reject as of no force , the parliament being dissolved ; and regard the said ordinances of the lords and commons , and the said acts and orders of the commons alone , much less . moreover , if in any thing his majesties commissioners encline to give the least satisfaction to any purchaser , the said ecclesiasticks cry out against it as an arbitrary prerogative commission ; though in cases relating to their advantage , they cry up the prerogative against the laws . also upon petitions of some of the purchasers ( as the remonstrant is informed ) orders are made , seeming to enable them to receive all arrears due before the . of june last ; when it is well known ( perhaps to themselves ) that by the act of oblivion , arrears to that day are generally pardoned , and that the tenants who ought to have paid them , lay hold on that act , and disobey those orders ; by which means , officers are only benefited , and the suiters more damnified by expences , instead of getting relief ; so that , whereas purchasers are invited to bring in their deeds to be cancelled , upon promising that they should receive all rents due at and before michaelmas last , it would be plainer dealing to tell them , they should have a quarters rent , to relinquish their purchases ; for in truth it amounts to no more , from june to michaelmas next following . furthermore , there being nothing promised by king or parliament , as aforesaid , in their declarations , in relation to the old tenants of prelates lands , ( the said tenants having had pre-emption before all other , when the said lands were sold ; enjoying also their full term without interruption , during their respective leases ; and being no otherwise displaced , then they usually were formerly when the said prelates pleased by concurrent leases or otherwise , to take these farms into their own hands , or for the benefit of their children and relations , at the expiration of their terms ) it had been more candid usage , to have absolutely signified to the purchasers , that the said old tenants should be preferred before them , rather then to permit the said purchasers ( deluded by a vain hope ) to consume money and time in seeking for a composition , and to suffer the said prelates in the mean time , to receive their whole rents , to eject the purchasers by force , when they had paid all taxes , with other duties , not without great expence bestowed in fencing , soyling , plowing and sowing the said lands ; and also to grant leases , as they have done , to the vacating of all the cost and labour of the said purchasers , in pursuing what seemed graciously intended both by king and parliament on their behalf . these and many other passages , which this remonstrant hath observed , makes it appear unto him , that there is not that care yet taken to preserve the honour of the king and of this parliament , in giving satisfaction to purchasers , as might be wished ; and that there is not that respect had to justice and good conscience , in satisfying them , as hath been heretofore vouchsafed by princes , states , and parliaments in the like cases . in true reason , ( which distinguisheth men from beasts , as justice and mercy differences them from devils ) this remonstrant conceives , that the whole matter in fact and judgement , concerning the said sales and securities , must unavoidably be brought to this dilemma ; ( to wit ) either the long parliament had power to make such sales , and grant such securities as aforesaid , or else they had not : if they had such a power , then their sales and securities must be allowed and confirmed ; or , at least , ( if in law or equity , restitution of what was by them sold , ought to be made to the former possessors ) then recompence must be given another way ; else injustice is commited , god , and the nation are dishonoured , and many thousand families and innocent persons will be unmercifully exposed to ruine ; and that severity and want of compassion , for which they were visited in wrath , who last abused their power , will be more then doubled . god is the same he was ; and if private men , for not performing their covenants made to and with each other , ( though to their own hindrance ) shall be excluded from his tabernacle ; doubtless an equivalent judgement will be extended to states and parliaments , or those whom they represent . then , on the other part it 〈◊〉 should be granted that the foresaid parliament 〈◊〉 , and exercised wilfully a power , not thereto belonging , to the damnifying of those who confided in them ; that parliaments successors ought then in justice , to award satisfaction out of their estates , who arrogated such an unwarrantable power , as far as they will extend , if they can be distinguished from those among them , who were guiltless : and if that distinction cannot be made , or , the damages exceed their abilities ; then , condign satisfaction should be made out of their common purse , who intrusted those with the publick-faith : for , the greatest part of the people have often been too careless upon whom they impose that confidence , and perhaps , will be more wary , when they have well paid for it , what persons they chuse ; and be so wise , as to consider , that they who have not wit enough to govern their private estates , or they who consume many thousands of pounds , in ale houses , inns and taverns , ( whose reckonings , as this remonstrant hears , are not yet paid ) to procure themselves to be elected by feastings and drunkenness , had probably some worse ends in being so prodigal , then a sincere intention , to serve god , the king , and their countrey . yet , neither this remonstrant , nor as he believeth , many of the said purchasers and lenders , do expect satisfaction should be made them at full for all their damages , ( though in justice it ought so to be ) but considering the publick wants , and other private mens necessities , as well as their own ; with how much it may tend at this time to the settlement of peace and amity , that every man should enjoy a comfortable subsistence , they would rest contented with so much only toward a repair , as might discharge them from their engagements occasioned by the said loans and purchases , to the redeeming the loss of their liberties , and to preserve a competency proportionable to their several degrees , and the condition of their nearest relations ; which might be raised without overburthening any , if such expedients might be speedily taken into consideration , and vigorously prosecuted , as may be hereafter proposed ; whereas the course which is yet pursued , will neither be a means of relieving many , nor of so reconciling disagreeing parties , but that the breaches will daily grow wider , and encrease animosities till they become irreconcileable ; and kindle such an universal flame by private fewds and vexatious suits , that it will never perhaps be quenched , whilest ought is left unconsumed , or whilest any considerable number of them , or of their posterities , are living , who were unhappily engaged against each other in the late war : and for prevention whereof , there will be no possibility in nature , but by a general forgiveness on all sides , mediated by a moderate course , to preserve in some indifferent measure , that interest by which each man may be comfortably maintained : for , until that be sincerely endeavoured , prosecuting the rigour of the laws , by imprisoning , suing , hanging , beheading and quartering will terrisie few of those who have neither estates to lose , nor an outward condition of life worth preserveing : nor in such cases will preaching the principles of morality , or evangelical precepts prevail much , but with men , naturally meek , ( or perhaps cowardly ) or such as are of so true a christian and sanctified a temper , that , according to the doctrine and example of christ , they can freely forgive their enemies , and submit to any thing , wherewith it shall please god to permit the supream power to exercise their faith and patience ; which number is so small in respect of the rest of those who are at this time exasperated , in relation to their estates , credits and consciences , ( as they will pretend at least ) that the publick charge , which the present government may be constrained yearly to continue , will amount to more , then that which would suffice to calm their spirits , by a repair of their destructive damages : and yet their suppression by violence , may paradventure also , be prolonged , until some advantage be gotten by the changeableness of humane affairs , to let their fury break forth in such a time as may destroy or endanger that peace , which they desire to preserve : for , an army is a security which hath in it , neither certainty nor safety . it being therefore this remonstrants principle , not only to seek the preservation of that visible power whereto god subjects him , out of prudence and moral gratitude , because it protects him ; but even for conscience sake also , ( though it should oppress him , as the last did ) he thinks it his duty to give a caveat , whereby they whom it shall concern , may take it into consideration , whether both parties which have opposed each other , are not in some respect so equally guilty of the sins occasioning the judgements under which they have lain together , or by turns ; and whether it will not be their next and safest way to a general peace , to divide the burthen which now lies destructively upon many , to be born by the whole nation , and to make it as easie , as justice and prudence will permit , by an impartial respect to the interest of all parties concerned : to which end , somewhat shall be proposed before the conclusion of this remonstrance ; not magisterially , to be strictly so or so prosecuted ; but rather , to be a hint of something to that purpose , to be deliberately determined by wiser men . it will be pertinent to common peace , to take notice how many hundred thousands are at this time exasperated , by being nigh totally destroy'd or much impoverished by the loss of their livelihoods & liberties , with little hope of remedy : some , by imprisonment upon malicious suggestions only , without any cause of offence given ; some by being deprived of their monies exacted , lent or contributed upon the publick faith , to that power whereto they heretofore submitted conscientiously , or by compulsion ; some by being ejected forcibly out of lands , offices , or other estates by them purchased , and formerly belonging to the king , queen , prince , prelates , and such as were then reputed delinquents ; some by taking up , on valuable considerations , those lands or offices from the first or second purchasers and possessors , in satisfaction , or in relation to debts , jointures , childrens portions , or other collateral contracts , securities , or engagements ; and some by great summs expended in buildings or other improvements , borrowed from many who are quite undone by their disability to repay it ; occasioning suits and quarrels no less destructive to them , then to the original purchasers and lenders . and not a few thousands are as much discontented upon other civil and conscientious accounts , whom to provoke altogether , may be of dangerous consequence , though the kings indulgence hath much qualified and settled the minds and estates of some : for little advantaged will they be by a pardon for life , who needed it , or for ought else criminal , who are put into a worse condition by living , then to be executed ten times by the hang-man . the natural temper of this nation , is for these respects much to be regarded , and they are accordingly to be dealt withall ; as it was prudently counselled by king henry the fourth , upon his death-bed to his son , whose words i will here insert as not impertinent . i charge thee ( said he ) before god , to minister the law indifferently to all , to ease the oppressed , to beware of flatterers , not to deferr justice , nor yet to be sparing of mercy ; punish the oppressors of thy people , so shalt thou obtain favour of god , and love and fear of thy subjects , who whilest they have wealth , so long shalt thou have their obedience ; but , made poor by oppressions , will be ready to make insurrections ; rejoyce not so much in the glory of thy crown , as meditate on the burthenous care which accompanies it . mingle love with fear ; so thou , as the heart , shalt be defended in the midst of the body ; but know , that neither the heart without the members , nor king without the subjects help , is of any force . speed , pag. . this remonstrant conceives , he might have procured many thousand hands subscribed to attest the reasonableness of this caution , and of what else is in this remonstrance expressed or desired ; but he endeavoured it not , because , he thinks it will be needless to wise men , who very well know , that common cheat signifies little or nothing , as hands are usually procured . when reason prevails not more then voices , there is small hope of justice . and , as it was said to dives , they who will not believe moses and the prophets , will not believe one sent from the dead . so , may this remonstrant say , they , who will not be moved to do conscionable and righteous things , for the sake of justice and mercy , will little regard remonstrances or petitions , subscribed with many thousand hands , till they feel them about their ears ; or , until the vengeance of god seizes on them , as it lately did on those who neglected good cautions , until they had not power to put them in execution . misconster not this , as a secret threat to any in authority ; for it is humbly and soberly intended , to be only a memorandum , useful at this time , wherein all have not the patience of saints , who are grieved or oppressed . that , which hath been , may be again hereafter ; and there be among those who are now depressed , some of those anointed-ones of the lord , whom he will not permit to be harmfully touched without vengeance : for , he hath other anointed-ones beside kings , whom he often reproves for their sakes ; and verily he will not forget the poor for ever , though to humble them for their transgressions , he hideth his face from them for a season ; at least , his everlasting mercies , he will not take from them . god preserve us from seditious and mutinous repinings ; and give us all grace , from the lowest to the highest , joyntly and severally , to endeavour that which prevents desperate activities , and take away every occasion of temptations thereunto : for , though meek and conscientious men , will , as they ought to do , wait patiently upon god in all their sufferings ; yet meer natural men , ( of which sort , the greatest number of those many thousands consist , who are made almost desperately careless of their lives ) will not easily conform to evangelical principles , ( as is before implyed ) but , perhaps , when their personal wants are aggravated with the importunings and upbraidings of creditors , the neglects of friends , and the scorn of enemies , the jears of neighbours , and the cries of perishing wives and children , it may so provoke them , that in such extremities , they will have as a little regard to reason , religion and civil duties , as they had to their sad petitions from whom they expected justice or compassion ; and then like provoked english mastives , ( the true hieroglyphicks of english mens temper ) fly upon bulls , bears or lyons , without fear of their inequality in strength and number , or into any dangerous attempts . take it not therefore offensively , that you are in this extraordinary manner forewarned thereof . many things have been this year permitted by way of premonition , more then at other times . the waters , which are the peoples hieroglyphick , have had several prodigeous motions ; the air , not a few portentuous impressions ; yea , the fire and earth also ; and many other of god's creatures have contributed symptoms pertinent to our instruction , which ought to be well heeded ; and are no such non significants , as they would seem to think them , who do what they can to becloud them . it may be , the late insurrection of those few , called fifth-monarchy-men , hath somewhat in it which tends to premonition : for , god and nature never act or permit any thing in vain ( no not the falling of a sparrow to the ground , or the numbring of hairs ) and , this remonstrant , therefore , conceiving himself obliged to declare his sense thereupon , will make bold here to insert it , that it may not be altogether fruitless . he truly professeth he knew not one of those persons , so much as by name , and is as far from justifying that , or any such attempt , as they who either martially or legally prosecuted them to their destruction in the flesh . for , though moses slew the aegyptian which oppressed an israelite , being then but a private person , rahab confederated with forraign spies , to the destruction of her native city ; jael infringed both a league and the law of hospitality , in killing sisera ; and ehud , under colour of presenting a gift , and of being a messenger from god , slew king eglon , to whom he was a tributary subject ; and these had no doubt , secret warrants from god for those irregular actings , by a divine impulse upon their spirits , making them content to hazard the destruction of their bodies to a temporal condemnation in those services ; but no such secret ever entred into the soul of this remonstrant , nor doth he find his heart enclinable to act any thing not warrantable by the revealed will of god ; because , he finds , as well by what hath within his own experience befaln to some , as by the example of simeon and levi , that , men may be so deluded , by their own fancies and corruptions , as to think the most barbarous cruelties are acts of justice . therefore he leaves the judgement of those persons , and of such attempts , to those unto whom they appertain , and to god , who only knows their hearts , their purposes and warrants , if they had any ; and whose mercies being infinite , and his judgements past searching out , doth sometime permit external judgements to seize upon a few , to make way for many to escape them ; and otherwhile exposeth men to temporal cruelties , without mercy here , that an everlasting mercy may be enjoyed hereafter . but , whatever those persons were in themselves ; or whatsoever that attempt was in its own nature ; this remonstrant is very certain that it was a providential permission , for their sins and ours , hinting unto this generation , things very pertinent thereto ; and foreshewing somewhat to come , ( if not prevented by repentance and amendment ) which it will concern us to search after , with as much diligence as we can . what it particularly points at , he hath a dark view by a contemplative vision , like an imperfect apparition in the air , which is not visible enough to be ascertained in words to other men ; yet sufficient he thereby discovereth to make it evident to himself , that such previous considerations as these that follow , will be very needfull . first , forasmuch ( as aforesaid ) god and nature act or permit nothing in vain ; it is to be considered , that the suddain rising and desperate attempt before-mentioned , tends to more then such a vanity seems to be in it self ; and that the circumstances of the fact , and the qualifications of the persons , may have much in them tending to the disquisition of what providence intended . secondly , it is to be considered , that if moral and religious men , being left to themselves , may be transported into such dangerous extravagancies , what they may possibly be hurried into , who have neither honesty nor religion to restrain them , if god should be then provoaked , to give way to their corruptions , when they are tempted by their lusts , or exasperated by sufferings , which they conceive injuriously inflicted . thirdly , if upon a mistaken principle , a few persons , seduced to take up carnal weapons to prosecute a spiritual warfare , might be so encouraged , and elevated in their spirits , as to out-dare the whole power of one of the greatest and most populous cities in the world ; even when her citizens were in arms , in readiness upon their guards , and the militia of the whole kingdom without her walls , in a defensive and an offensive posture , to assist if need were : it is very considerable , what the effect thereof might be , if the whole body of god's elect in these nations , spirited by an unquestionable belief , grounded upon his promises , should engage all together as one man in his cause , armed with all the spiritual weapons offensive and defensive . fourthly , it is observable , that those impulses which are termed phanaticall , and those persons who are agitated by them , are neither to be slighted , nor inconsiderately treated withall : because , if they be moved by divine instinct , ( which may be discernable ) as jonathan and his armour-bearer were , two of them will be able to rout a whole garrison , ten to chase an hundred , and an hundred to put a thousand to flight . if they be stirred up , but by a meer phanatique delusion , they may accidentally , be sufficiently spirited , thereby to vanquish a power , much superiour to themselves in strength and number , as it hath often happened , when unequal armies have joyned battle , and the superstitious vulgar were prepossessed by some ominous conceit or presage divulged among them : as for instance , at the battle of agencourt , ( if the remonstrants remembrance fails him not ) when the english , over-powered by their numerous adversaries , ten ( nay twenty to one ) as some writers affirm , ( when their strength was spent , by sickness and weariness , and they quite surrounded , and seeming without hope of escaping an utter defeat ) a prediction being divulged among them , which had long before presaged , that the stones of the field should rise up for them against the french : god , who is the giver of victories , permitted that despicable means , to be instrumental thereto ; for , weapons failing , and the english thereby encouraged , took up stones , and obtained the most signal victory , that ever was gotten in these parts of the world . and the most famous captains among the antients , made use of auguries , predictions , and such like mediums , to stir in their souldiery such impulses , as we call phanatique , and very frequently thereby prevailed . fifthly , if a handful of men ( as it were ) upon a conscientious account only , built upon a false ground , without being moved with respect to their personal damages or interests , could be so desperately and obstinately resolved : it is considerable , what the desperation of so many hundred thousands may amount unto ; who are or may be exasperated through unsufferable insolencies and oppressions , making them careless of their lives , by defect of all things pertinent to a comfortable life ; they having therewith no sense of morality , piety , or conscience to restrain them , proposed nothing but vengeance ; and god should then also , therewith let loose the fury of others , whose malevolence and discontents are not yet much heeded , to make them instrumental for the deliverance of those from oppression , have meekly submitted their cause to him only . for know , that they who are eminent for nothing so much , as for their prodigality , whoreing , roaring , drinking or swearing ; and valiant only in baudy-houses and taverns , will run away like sheep before resolute assaylants , made desperate as aforesaid . know also , that the lord of hosts , who is the god of nature , as well as of grace , is general of a two-fold militia , furnished with distinct weapons according to the several services whereby they are to glorifie him ; the one natural , and the other spiritual ; and that he makes use of both to correct his children , and destroy the enemies of his kingdom , as occasion is given . the first he employeth in shedding the blood of his malicious opposers , or of incorrigible servants , sometime , with hazzard or loss of their own ; and the other , ( if need be ) he engageth in sufferings , and by contributing their own blood also in his cause ; managing to that end , those offensive and defensive weapons only , which are proper to a spiritual warfare . these last , are those followers of the lamb whither soever he goeth , who are saints and souldiers , in the most super-eminent degree ; to whom the other usually make way by the violence of natural faculties and passions , to those conquests over prophaneness and injustice , which must be compleated by patience , meekness , love , constancy in faith and prayer . and many of the former may be saints also , who when their natural corruptions have been soaked in their own blood , or sufferings , and the stains washed out , by being rinsed in the blood of the lamb , shall have a share both in his victories and triumphs . permit , i pray you , this remonstrant , with patience and candor , to pursue this plain-dealing a little further , and to add somewhat for vindication of himself , from those mis-interpretations which may be made of his honest and peaceable intentions , in these free expressions : for , when he calls to mind , that christ and his apostles were charged with sedition , for innocently preaching the peaceable glad-tidings of the gospel , for their safety to whom they preached them ; and that some of the prophets were imprisoned and persecuted as seditious persons , when they declared god's judgements , and what ought to have been performed for preservation of their common safety ; he thinks it not unlikely , in this froward generation , that some objections of that kind may be made against him , by their pride , malice , or ignorance , who prosecute their selfends ; and he being neither insensible , nor totally careless of those disadvantages which may befall thereby , nor ignorant how easie it is to find wherewith to beat a dog ; will now ( lest he may be restrained from that liberty hereafter ) preoccupate as much as he can , whilest he may , to prevent prejudicacy ( if it be possible ) by giving reasons for his remonstrating to the purposes afore-mentioned , and in this unusual mode . he knows how far the just bounds of a free expression extends by the laws of god and nature ; and though his body may be enslaved , and kept from the exercise thereof by the cruelty of others , his mind cannot be inthralled , but by his own baseness or pusillanity ; and if he must perish , he is resolved to perish like a man , not like a beast , or like one who cuts his own throat for fear of death . he will not whine like a curdog , or snarl at him , when he is beaten or kickt by his master ; nor cry like a swine , when he is to be slain by the butcher , or ringed for his rooting ; nor doth he think himself obliged at this time , to be as dumb before his shearers , as christ was ; nor until a time comes ( as it did to him ) wherein words will either be wholly in vain , or may tend to prevent that suffering , whereunto he shall believe he was pre-ordained by providence , for his masters glory , or for the welfare of other men ; and then he will leave scribling , and bear his cross in silence . but it is yet , seasonable for him to write and speak , and if he now do it not , he may for ever hereafter hold his peace ; for it will be to no purpose . he writes and speaks , with the more boldness , because it is not for his own interest ; but as it lies wrapt up with the publick honour , peace , and welfare , and is preservable , without injury to other private persons . he acknowledgeth himself subject to the natural desires , fears , frailties and infirmities of the weakest men ; yet , god , by his grace , hath ( as he hopeth ) so habituated him to the principles , which will preserve him in a warrantable sobriety , that he shall dread nothing , but god and himself ; or lest by ignorance he may offend against his own conscience ; in which case he is one of the veriest cowards in the world . he neither doth nor can willingly intend hereby the just offence of any : for he hates nothing , that god hath made , loves him above all things ; his neighbour as himself ; and his countrey ( if his heart deceive him not ) much better . he honours the king , and is , and will be , as faithful unto him , as he was to those who lately exercised supream authority ; to whom , he was conscientiously faithful to the last hour , wherein god permitted them to retain it ; never dissembling , jugling , or halting between two parties ; yea , though he was neglected and oppressed by those to whom he was obedient . he that hath no self-love , is as blameable , as he which hath too much , because he wants that rule whereby he ought to regulate a love to his neighbour ; and he who to his power , provides not for his family , is worse then an infidel . therefore , no malevolent repining or discontent , but a christian regard to his duty , and to those many who are oppressed ( which is enough to make a dumb man speak ) hath extracted this remonstrance , quickned with a little more salt , sulphur , and mercury , then usual , that ( if he should live so long ) he might not solicit in vain for justice twenty years longer , but have a speedy dispatch one way or other . for , qui rogat timidè , docet negare , he , who sneakingly demands justice , as if he were begging an alms , encourages his oppressors the more impudently to oppress him . and yet , perhaps , he had not adventured to express himself in this mode , if an unresistible impulse had not made impressions on his heart , more for the sakes of others , then for his own . for , though this remonstrant hath had many provocations thereunto , by the loss of his most precious time , with the ruine of his estate and credit ; thousands perhaps , have suffered as much as he that way , whom patience , fear , or stupidity have kept silent ; and it would be a shame to him not to suffer as mutely as other men ; also he is reduced to a subsistence by charity ; but , that hath brought with it such experimental evidences , of gods merciful supplying a competency from day to day hitherto , that the damage is not only made thereby supportable , but comfortable also : and in this kind , he hath suffered no more then the king , and many persons of honour have been exercised withal . this remonstrant hath likewise been made the scorn and derision of his enemies , neighbours and acquaintance , and is frequently persecuted with uncivil upbraidings ; but , he can pass them over with as little regard , as the barkings of dogs , when he considers what shimeies they are , who set them on , why , and to what purpose : that , which above all this afflicts him , are the sufferings which have suddenly befaln to some of his needy creditors , and most near and beloved relations ; who , not accustomed to the want of food , rayment , and such other necessaries or conveniencies as they formerly enjoyed , look otherwhile so sadly upon him , that it makes his bowels yern : yet , it may be , neither had that been moving enough to embolden him hereunto : but , when to all these inducements , there seemed to be added , in his apprehension , a likelihood of multiplying those confusions , oppressions , and innovations , which will be a dishonour to god , the king , and these nations ; ( and as well hazzardous to the common peace , as destructive to him and others in their private capacities ) this remonstrant thought it better to adventure the tranquility of one man , then to let so many be in danger of perishing , by continuing sheepishly silent : and he confesses there is somewhat of selfness , even in that also ; because , he is afraid his own conscience would accuse him for neglect of his duty , and bring greater distempers upon him , for his being silent at such a time , then those evils which he might hope thereby to escape : for , god having carried him , a long time through many vicissitudes and dangers , giving him frequent experiments what the events of his own and other mens transactions were , and will be , ( with an ability in some measure more then ordinary , to illustrate to vulgar capacities , those things which are considerable ) he dares not presume to displease and inrage his conscience , to avoid the displeasure of men , whatsoever outward disadvantages may happen . these things considered , with those priviledges which are due by the law of nature , he conceives neither any digression or expression herein contained is needless , or can be justly questionable ; and that , he is not obliged ( his present condition being weighed ) to make answer unto ought objected , which may tend to the accusing of himself , though he were as blameable as he is innocent . for , he intends nothing to the iniury of publick or private interests ; nor seeks for ought but his own according to justice , that he may do justice to his creditors and relations . they who live at ease in plenty ; because , they see some appearances of a progress toward the relief of this remonstrant and other sufferers , do condemn them as over hasty , and more importunate then they need to be : yea , are pleased to say , that much more is done for them already , then they deserve ; and that whatsoever shall be done for them , they will never be contented ; which asseverations are better evidences of their dis-affection to the sufferers , and of their want of true charity , then of the truth of that which they affirm : and , it is the very same which was imputed to this remonstrant , at several times , during his almost twenty years solicitation , by some who were formerly in power , when he petitioned to be relieved for his sufferings in their service ; and how justly they did it , may be collected from the literal sense , of this metaphorical illustration thereof : he complained of a consuming fire , whereinto they permitted him to be thrown by their neglects ; and after he had long complained , they for a remedy , tost him into a boyling caldron ; that , not contenting him , they threw him into a frying-pan ; therewith he being no more eased , renewed his complaint , and then , they laid him upon a gridiron ; that being as painful , they turned him upon his other side ; that , proving as uneasie , he petitioned again , and was only basted with a few oylie words , or had orders pin'd on him , like papers to keep roast-beef from burning ; he then once again , made an humble address for more effectual means of relief ; whereto some of them angrily replyed , nothing will satisfie this fellow : and seeing none of the former condescentions , would give satisfaction , they at last cast him into a freezing lake , wherein he yet remains ; and , but that the charity of others , did otherwhile a little thaw him , he ere this time had been frozen to death , and laid where such remonstrances as these are needless . these are the favours which this remonstrant obtained , from those whom he served faithfully and conscientiously heretofore , though he were personally known well near to all of them , and though most of them were his familiar acquaintance , and some of them his professed friends : which when he seriously considers , and how he hath nevertheless been from time to time , so many years together , neglected and abused ; he can hardly discern whether hath been more injurious unto him , neighbours , or strangers ; hypocrites , or prophane persons ; seeming friends , or open enemies ; his countrey-men , or some of his own kindred . but , now he hopes better ; for , worse they cannot use him , whom he opposed for their sakes , when they were in power . and , if that obedience which he now professeth unfeignedly to his majestie , shall procure so much respect to his present condition , as to allow out of what he thought his own , wherewith to dis-engage him from his creditors , and redeem his family from that poverty , which now oppresseth it , he shall not only be therewith contented , but thankfully acknowledge also , to the honour of the king and state , that he finds them , whom he had made his enemies , to be much more just and merciful unto him , then his professed friends , of whom he had best deserved : and it may be possible , that their generositie , whatsoever he hath heretofore done ( or here , or elsewhere expressed ) will make them as confident of his allegiance , as they are of the most faithful of those , who profess obedience and conformity to the government , and in the most usual mode . let it not seem unsavoury to any reader , that this remonstrant , insists so much upon his personal sad condition and grievances : for , by them he became sensible of other mens oppressions : by the reality of his own wrongs , he perceived what just cause others might have to complain : also , without particularizing his sufferings , they could not probably be redressed ; and no reasonable or conscientious man , will grudge him the liberty of inserting a leaf or two into that discourse , which was for the relief of many , together with himself ; composed solely at his cost and labour , without the least contribution thereunto vouchsafed , either by them or any other : for he may say on his own behalf , as ulisses did , when he pleaded for the armour of achilles before the grecians . — meaque haec facundia siqua est quae nunc pro domino , pro vobis saepe locuta est , invidia careat , bona nec sua quisque recuset . — do not envy my pen , which often for the weal of other men hath been employed , if that otherwhile , i , make use of it for mine own availe . but , the means hitherto provided for the relief of this remonstrant , and other purchasers and lenders , doth not yet appear likely to have that gracious effect , which was by them expected , and intended by his majesty . therefore , he prayes it may not be offensively taken , if he declares plainly , what the effects thereof hitherto are , and may probably be hereafter , according to his understanding : for , his purpose being to express nothing but in order to the preservation of himself and others from destruction , ( nor to be more bold in language , then the heedlesness of this generation shall constrain ) it cannot be justly conceived that he would wilfully insert any word or clause , which might by giving just offence , deprive him of that benefit which he desireth to attain ; unless it be thought his oppressions have made him mad ; ( as many wiser men have been , who suffered less ) and if so , he is rather an object of pitty , then of displeasure . he is thankful to his majestie , for not taking those advantages at large , which were providentially put into his hands ; and gratefully acknowledgeth the indulgence vouchsafed to purchasers by his commission , for mediating on their behalf , manifest his compassion to be more then their own trustees have expressed ; especially his often hastening the act of general pardon , and desiring the parliament to make the plaister as large as the soares ; nevertheless , the instrument drawn up to those purposes , seems not to have passed through their hands , who are so sensible of his peoples grievances , as he himself was , nor is it possible that he can in so short a time have that full cognizance , which he may have hereafter , of the true state of those many differing causes , which are to come under consideration , in relation to purchasers ; and therefore the means by him intended may be so defective without his default , that many will be more damnified , then relieved thereby . this is found and felt by experience already . the work imposed is too heavy for so few work-men , in regard the commissioners are persons of honour , who have other weighty affairs which will divert them , and take up so much time , that not a few being already quite ruined by delay ; many more will be destroyed before their causes can be heard and determined . some of them have so little whereby to subsist , that they cannot spare out of it , so much as the charge of solicitation will require . and it is feared , most of those who are yet able , will be wheeled round in such perpetual motions , as they were at worcester and drury-houses , to their impoverishing also , by the long contests which will arise from several interfering securities , interests , and claims , still multiplying debates and expences ; when so many thousands as are engaged by original purchases and subcontracts , shall from all parts betwixt saint michaels-mount and barwick ( some of them two or three hundred miles from their habitations ) flock together , with witnesses , counsel and sollicitours , to their great cost here , and neglect of their businesses at home . such a multitude cannot but so obstruct each others proceedings , that many who are best able to bear the burthen , may be sore straitened and depressed , by losses in one place , and expences in another ; by seeing officers and making friends , for that which will amount to little or nothing at the last : for , of much of those lands which were purchased , as aforesaid , the prelates have not power to make leases for longer term , then during their own lives ; and there being no rule setled by parliament , whereby final agreements may be made ( in that , and some other cases , without dispute ) the purchasers will have as questionable titles hereafter , as they have now ; and be perhaps all dead or beggared , before any satisfaction shall be enjoyed . as for the lands claimed by the prelates , there is little hope the late purchasers will have any considerable redress in lieu of them , if the said prelates be permitted to proceed as they begin ; for ( except two or three of them only , as this remonstrant hath heard , who perhaps desire the episcopal function should be reduced to the pristine constitution ) so ambitious are they of preheminence , and so greedily hunt after immoderate riches in their old age , that regarding neither the tears of the oppressed , nor orders of parliament , nor the kings gracious condescentions published on the behalf of purchasers ; they following the dictates of their own avarice , take up the whole rents , make forcible entries , grant leases to them who will give most , and arbitrarily seize the estates of the purchasers , before the times limited are expired , or the kings commissioners can have time to take their causes into consideration ; and before many can have means to present them , or be in a capacity to treat . this remonstrant in particular , having now lost about eight years . l. per an. in a purchase of their lands who were hererofore called delinquents , which lands cost him as good as almost twenty years purchase in ready money . also . l. . s. . d. charged by ordinance upon the excise in course , which , with the interest thereof , hath been eighteen years almost , unpaid . and now he is in danger to lose totally between five and six hundred pounds per . an. more , in prelates lands , in possession and reversion ; part whereof coming into possession the last year , being unstockt , and not demisable , by reason the title is disparaged , hath cost him in taxes , with other duties and necessary disbursments therein dispended , more then twice so much as he could raise out of them , by occasion of the said prelates forcible intrusions : the remainder of this remonstrants stock and goods , were by attachments out of the said prelates own court , ( without arrest , or any cause formerly made known , according to equity , or the common-law of this land ) illegally ( and some of them , as he thinks , feloniously ) taken in the night , and carried away , by the said prelates officers or agents , being strangers , without any known lawful officer . and , the said remonstrant neither being at home , nor having the liberty of his person , or any other means left to defend himself against such outrages , or to maintain his family , but by charity , is by this usage , and that which hath been thereby occasioned , deprived of as much of his estate , as being sold to the value , and proportionably distributed , might have satisfied most of his personal debts , had it not been so torn from him by some unconscionable creditors , and the said officers maliciously confederating together , to the taking away , at the third part of the value , the remainder of his houshold-stuff , wearing apparrel , victuals , and the beds whereon his wife , children , and servants lay ; as also the wood in his yard , without any other authority , but will and pleasure ; for the use of the prelates now tenant , who being reputed ( perhaps because a papist ) a true son of the church , is now seated upon that farm , which he hath forcibly seized ; some of his said agents being so shameless , as to make answer , when the illegality of their proceedings was objected , that this remonstrant should not be left able to prosecute his remedy at law , or words to that effect , which they have made good : insomuch , that this remonstrant , is compelled in his old age , to shut up himself in a lone room , without a servant , night and day , both in sickness and health ; his wife necessitated , above fifty miles distant , to keep possession , with her maide in a naked house , standing far from neighbours , ( and much farther from honest men ) and his children and servants being scattered , to seek harbour and livelihood where they can get it . this , and much worse , is the remonstrants present outward condition ; by delay of the relief hoped for , and by his being thereby disabled to prosecute means of redressing his grievances any further : in the like condition ( as he believeth ) many thousands are at this day among the said purchasers , lenders , and such as fall under them , by the ruine of those who are impoverished by their wants . for , the hopes which they had eight or nine moneths past , of a timely settlement , hath had so slow a progress , that many who had fair expectations , and best means to improve them , begin to be afraid , it may succeed at last , as in an old tale , it is said , befell to him , who brought a large piece of cloth to his taylor , to make him such garments as it would extend unto ; who at first , told him , it would make a very good sute , cloak , and coat ; but after it had been in his custody awhile , he said to his customer , it would make but a sute and a cloak ; after that , it would make but a cloak ; being kept a little longer , he could make but a sute of it ; after a few dayes more , but a short coat only ; and at last , no more but a very fair cloth-button : and perhaps , with such a result some of the purchasers may button up their baggs of papers and evidences ( if the king take not their causes into his special consideration ) and go home three times more damnified , then by losing all at first , without more cost and trouble : for , when they have summed up the money , paid for their purchases at first ; for passing their conveyances and concomitant charges ; interest and brockage for money borrowed ; expences in suites at common law and chancery thereby occasioned ; as also in contests many years before committees and commissioners for removing obstructions ; and thereto added what it will cost now , before there will be a final settlement , it may possibly amount to so much , that the recompence will be less worthy of thanks , then a peremptory denyal would have been at the beginning ; as this remonstrant hath found by experience ; who verily believeth , that after his demands and receipts had been stated by the committee of accounts for the kingdom , examined again by the committee of the navy ; re-examined by a select committee of parliament , and upon that three-fold examination , had . l. reported to be due unto him , and payment then ordered ; if he had totally quitted the said debt , and hoped no more for it , he had been at least . l. richer , then he is at this day : for , if delayes occasioning expences with the loss of eighteen years time , and the money mispent , and so long forborn , had been avoided , and other wayes employed , he might in that space have turned it to more considerable profit . the proverb saith , he that gives quickly , gives twice . a benefit vouchsafed speedily , and seasonably , may be doubled , yea tripled thereby , ( as opportunities may occur ) whereas , by being long delayed , suites , forfeitures , interest , or such like , may so augment damages , that twice so much afterward , will not be so beneficial , as a quarter thereof might have been at the first ; and to destroy men under a colour of doing justice , and shewing mercy , is like the cats playing with the mouse , ( a making sport at other mens miseries ) and one of the greatest cruelties in the world . in brief , by what is afore-expressed , this remonstrant hath neither the liberty of his person to attend the commissioners , nor wherewith , but by charity , to subsist , much less to bear the charge of prosecution , so long as his cause may possibly be undetermined ; yea , it will be little better then putting him all that while upon the rack , yet peradventure be no more available at last , then meat set before a dead man . but , all this remonstrating is to little purpose , except somewhat may be proposed , out of which an expedient shall be raised , whereby the publick-faith may be redeemed , and the grants and securities afore-mentioned be made good , or else a satisfaction given in such manner , that particular animosities may be allayed , without overburthening , or enseebling the whole body-politick ; which this remonstrant thinking possible , will contribute his conceptions thereunto , though perhaps he may have little or no thanks , ( but a jear ) for his labour . and , though he be so broken in his estate , and overcharged with musings in his mind , that he can hardly compose himself for such a serious contrivement , yet he may stammer out such notions , that wiser men less disturbed , may either make more practicall , or at least , thereby take hints to discover and prosecute a better expedient of their own : for , the most prudent men sometimes oversee , what a fool takes notice of . the only way to settle an universal peace and concord , is to satisfie all interests , as much as may be ; especially in things necessary to a competent subsistence , even to the answering of their expectations , who are most carnal , so far forth as they are just ; in regard they are likely to be most troublesom . venter non habet aures , and there are now so many laying claim to that interest , as will make it dangerous , to exasperate them all at once ; and will be injustice to leave any of them unsatisfied , as touching reasonable demands . they whose grievances are most considerable , are such as have lent or contributed upon the publick-faith ; souldiers , who adventured their lives in the service of the parliament ; purchasers of lands or estates belonging to the king , queen , prince , prelates , or those who heretofore adhered to the king against the parliament , and such as had either grants of estates , or parliamentary securities , for payment of debts declared to be due unto them . it cannot be now expected , that the lands of the king , queen , prince , or such as were heretofore reputed delinquents , should be enjoyed by the said purchasers , except so far forth only , as in consideration of improvements , the former owners will freely , of their own nobleness , give way thereunto , if we look for a perfect concord on their part . and then , how the purchasers of those lands , and the parliaments other creditors may be satisfied , a course must be other wayes provided ; which will be the more easily effected , and the less burthensom , if the purchasers of prelates estates , may have satisfaction out of the same lands ; as this remonstrant conceives , in equity and prudence , they ought to have , and also may have , to their reasonable contentment , with an addition of honour and advantage , both to the king and nation , without wrong to the episcopal function , being constituted and confirmed according to primitive ordination , derived from the canon of god's word ; such an episcopacy never being intended ( as this remonstrant believeth ) to be exploded out of the church of england by the solemn league and covenant ; or to be barred out of scotland , if the persons were regulated and qualified , as they are charactered by saint paul . those temporalities which they claim as prelates , belonged not to them by divine right as bishops : but , were conferred in time of popery , to support them as barons , when they were authorized to sit in parliament : which priviledge , being taken away by act of parliament , assented unto by the late king , that work is at an end : and work and wages being relatives , cease both together . temporal and spiritual lords in a parliament , resemble plowing with oxen and asses in one teeme , and by weaving ( as it were ) linnen and wollen together , may make that linsey-woolsey , both in civil and spiritual things , as will be pleasing neither to god nor men . the services whereto the bishops were chiefly ordained , may be best performed , ( and with least obstruction to civil transactions ) in synods , or national councils and conventions , where no lordly titles or usurpations are to be claimed or allowed : nor any precedencies , but for orders sake only , lest precedencies , and temporal dignities , may over-awe their fellow-members , and disadvantage the truth . bishops being regulated , as aforesaid , and exercising only a primacy of order , as speakers in parliaments , prolocutors in synods , and presidents in councils , ought to be restored ; and a competent and an honourable maintenance might be provided for them out of those legal perquisites , which heretofore belonged unto them quatenus bishops , ( and consist with an evangelical discipline ) none of which are sold from them : and out of those impropriations , which they formerly leased for fines and yearly rents , giving a plow-mans wages to their poor curates . these impropriations , if they might be timely reserved from being again so misdisposed of by their avarice , would amount to a sufficiency : yea , and to a far larger revenue , then many bishops formerly had , if they were prudently distributed ; and would be likewise a quieter subsistance , and somewhat more proper to their calling ; because a maintenance settled upon the ministry by the laws of the land . moreover , to enlarge that maintenance , convenient places of residence , with demeasnes and annual rents enabling them to be hospitable , and incouragers of others to piety and vertue , might and would be afforded , by the said purchasers , out of what was sold unto them . and such a portion , being settled on them , and their successors , by king and parliament , as the donations of nursing fathers of the church , ( and not derived from heathenish or other superstitious beginnings dishonourable to god , and scandalous to religion ) would redound more to their honour , then their baronies and lordships ; be more comfortable to their consciences , when they must resign their bishopricks ; make their ministry more effectual to their particular flocks , and to the preserving of unity in fundamentals , between those congregations which are of differing judgements ; render their posterities more prosperous , and their persons more beloved both of god and men . the worst this remonstrant wisheth , even to those prelates , who do but pretend to be the bishops of christ , is , that they truly were so ; and that they had humility enough to accept of such an offer , on condition he wholly left his hope of repossessing his said purchase , though he thinks it more possible for him to be restored thereto , then for them long to enjoy that wherewith they seem absolutely invested . let this be well considered ; for though the prelates and their favourers , term him a scribling fool ; the tatlings of children and fools , are sometimes to be listned unto by wise and grave men , who know they often speak truth , when others either will not , or dare not . when the king shall by experience know , how useless the prelacy is , both to him , and to the church of god ; and how serviceable such as are called bishops may be , when reduced to the canon of the word , it is hoped , he may perswade them to submit thereto , and that some of them , will be so convinced in conscience , as to perceive it will be more honour to god and them , then disparagement to their persons , to evidence the power of truth upon themselves in an humble conformity , and restrain them from unmercifully seeking to enrich themselves by the destruction of so many families as are now in danger of perishing by their immoderate avarice . as for the rest of the hierarchie , this remonstrant cannot imagine to what good end they may be continued , which will be equivalent to the preventing the thousandth part of that mischief , which will ensue the dispossessing of those who have purchased their estates . deans and chapters , with their appendants , are a whimsey of a late invention , as now constituted , which the primitive ages neither knew , nor perhaps thought of : a plant which our heavenly father never planted in his church ; nor are they necessarily pertinent to the service of god , or to the edifying of mankind in piety or morality ; but rather burthensom and scandalous . most of those vast revenues which they claim as sacred , ( if not all ) are no more worthy to be reputed holy things then the price of dogs , or wages of strumpets , as i have elsewhere said , in regard much of them were obtained by merchandizing for the souls of men , and were sacrifices to the devil , worse then sacriledge , given ( or exacted ) by their cunning brokers , in derogation from christs meritorious passion , for expiating of adulteries , murthers , and other hainous crimes : which if they could make evident to be sacred offerings , and accepted of god as truly such , they might hope ere long to make men believe , that their houses of office , their very dunghills , yea , their sins , or any thing they pleased so to term , were also sacred . but , what reasonable man can imagine , why such an impertinency should be preserved , when the state is so necessitated , though it were some way useful , and when so many thousands of serviceable and innocent persons may be destroyed by the re-admission thereof ? whereto are they necessary ? if you suppose it be to elect bishops , when they shall be reduced to what they originally were and ought to be ; that constitution , will admit of no such election : such as now are , may be as well chosen by the king himself , as by vertue of his letters directed to the deans and chapters ; or more properly , by his conge deslere to the pastors of the respective diocesses ; which presbyters may likewise officiate , ( if need be ) at their cathedrals by turns ( having provision made for them at such times ) more to the edifying of the people then heretofore : and their cathedrals which , ( to speak truth ) are more pertinent to the civil honour and magnificence of the nation , then essential to the worship of god ; ( and being built , ought rather to be upheld , for decency and conveniency , then wholly neglected ) and may so be , without any great burthen to the purchasers , by contributing toward their repair a yearly rent to that purpose , if the old fabrick lands be not sufficient , and unsold : these may also , be of use for pious exercises and devout meetings , more to the glory of god , and the edifying of his people , then at present they are , by those irreverent persons , who serve their own selves only , under a pretence of serving god , with empty ounds , tautologies , vain repetitions , and loud vociferations , mingled with abominable prophaneness : for , this remonstrant heard it lately credibly averred , that one of those , who is to oversee and direct those who sing in the quire , hearing a discord in their musick , was so serious in his musicall devotion , that moved to indignation , he passionately swore aloud in these words , by god , a snarle : and that another , angrily calling upon the boyes to raise their voices higher , cursed them with four several great curses within a little space , whilest they were chanting out their divine service , ( as they call it ) because they answered not his expectation . oh! abominable zeal . but , should it be granted , that god required their will-worship , that , they were conscientiously devout therein ; that , their prelaticall constitution , at least were not scandalous , & that their large possessions were the real charitable donatives of truely devout benefactors , irrevocably set apart from common use ( not one of which particulars can be proved ) yet , little or nothing considerable , is or ever was performed , to such pious uses as are pretended , or were intended . for , by their own canons ( or , by such as they approve of , and will be conformable unto , when it may be for their personal advantages ) there is but a third part of their yearly profits due to them . one third is by those canons to be employed in maintaining their cathedral-churches and dwelling-houses , with the services and necessaries to them belonging : another third , is to be for relief of the poor and strangers ; and a charitable bishop of york , ( as the remonstrant remembers ) was so far from the mind of our prelates in these dayes , that to relieve the poor in a time of famine , he sold away most part of the utensils and ornaments of the churches in his diocess . a third part only , of the revenues of the cathedrals and prelates , was to have been made use of for themselves and their families , which hath nigh quite swallowed up the other two parts : for , it is well enough remembred , how ruinous many of their edifices were , before the beginning of the late war , and how slovenly kept in some places : it is also well known , that the poor were usually relieved with little more then the scraps of their superfluities ; and that the strangers by them entertained , during the dayes of their residency , were but their fellow prebends , their kindred , their familiars , and now and then a bold guest , who had no need of their hospitality ; and why should many honest men , more serviceable then they , be starved or beggared , by being deprived of what they bought of the nations representative ; that such large revenues might be shared by a few , and consumed to so little purpose ? with what confusion of face , will these pretenders to piety and hospitality appear , when christ jesus , personated in this life by their conscience ; or , when he shall hereafter in his own person , say unto such , depart from me ye workers of iniquity : for , having large patrimonies intrusted with you , to supply the wants of the members of his mystical body , they neither fed him , when he was hungry , except with stones and scorpions , instead of bread and fish ; nor gave him drink when thirsty , except mingled with vinegar and gall ; nor cloathed him when naked , but only with superstitious raggs , or else robes impurpled with his own blood ; nor housed him when harbourless , except in a prison , because he approved not of their vanities , avarice and ambition . this remonstrant , is not so cruel to beasts nourished out of curiosity , and for mens pleasures only , as to starve them when they are bred ; much less that men unprofitably employed at the publick cost , should be left destitute of a competent subsistence , when that abuse is reformed ; nor ought such in his judgement to enjoy more then a just competency , much less ten times more then better deserving persons . all the whole hierarchy of this nation ( as this remonstrant is informed ) doth not consist of a much greater number , then those prophets of whom jezebel fed four hundred every day from her table ; if so many of those now in being , shall enjoy a plurality of prebendaries , parsonages , vicaridges and spiritual promotions , as did heretofore : for , some had two or three dignitaries , some more ; and it the hexameter of this well known distich be a true memorial of it , one of them had five beside his income by usury ; ( for the pentameter concerned him not . ) usury , st. dunstans , pauls , windsor , salsbury , christ-church , bristol , westchester , banbury , bangor , asaph . the impropriations only , formerly belonging to the prelates , ( which are all nigh out of lease ) are worth yearly ( as this remonstrant is credibly informed ) an hundred forty and two thousand pounds . the parsonages and vicaridges , which beside their cathedral dignitaries , the deans , prebends , archdeacons , and some of the bishops had in commendam , being no parsonages or vicaridges of the least value , ( if they have pluralities as formerly ) may be worth to each individual person , between two and three hundred pounds per an. at least , one with another ; to which being added the profits of their spirtual functions and jurisdictions , and their temporalities now repossessed with vast improvements , will probably amount to above a thousand pound yearly , for every individual prelate . and what a barbarous cruelty were it , under colour of a mock-piety , to destroy many families , for the superfluous enriching of every one of these ? to starve a whole hive of bees , to feed a single drone ? and peradventure , to the occasioning of that , which may draw after it a worse consequent . for , these ( as the remonstrant believeth ) are one kind of those locusts which came out of the smoak of the bottomless pit , and were in part driven hence about the end of the last hundredth year , as a noysom pest . therefore , this remonstrant hopes , that you whom it concerns , will consider how imprudent an act it will be thought by unbyassed men , in this and future generations , needlesly to hazzard the confusions , despairations , exasperations , and destruction of so many thousands of families as may be impoverished , to the impoverishing of as many thousands more by their poverty , if the sale of cathedral lands should be made void to the said purchasers , for the superfluous enriching of an inconsiderable number of useless persons ; and for the pleasing of a few , whose claim and interest dies with their persons , to the discontent of many whose right will never die , but still revive , and continue for ever in their heirs ; yea , and to do it contrary to laws and presidents , for confirmation of the like sales , judged agreeable to justice and equity , by princes , parliaments , and other grave councils , upon mature deliberation : and it is hoped also , if ( as report goes ) the prelates intend out of their vast fines and rents , to raise and maintain two regiments of horse in the kings service , to be continued by his favour in that which they repossess ; it will be perceived , that they would but stick him down a feather , in lieu of the goose which they have gotten : for , the incomes of two of their cathedral revenues , will yearly defray that expence , and leave those proprietors of them , more then ever they heretofore possessed : and perhaps the king will take notice also , that ( if it tend not to the beginning of another prelatical war ) it is at best offered but to make such a diversion for the present , as antiently succeeded , when to prevent the intention that former parliaments had to take away their large possessions for publick use ; they then offered to their kings a contribution , toward the recovering their right in france , or toward regaining of the holy-land , ( as they called it ) which tended only to their own advantage , though respect to them was thereby pretended . this remonstrant could alleadge much more , which is of publick concernment , both in reference to what is last mentioned , and to the publick-faith ; but , the times will not bear it : much reason , as well as much learning , would make some to grow mad ; and it were imprudence to express more then can be born , to the rendring of that less effectual which is expressed . he had lived . years , when the last great pestilence broke in , whereof he was a remembrance to this nation ; and having survived since that time . years more , hath seen enough to give him cause to fear , that a worse infection is beginning ; which if god's extraordinary mercy prevents it not ( by shortning those dayes for his elects sake ) may continue at least . years together ; even a spiritual pestilence , intermixed with many natural plagues and distempers : for , some have begun to make way for it , by endeavouring how they may divert us , from heeding the true antichrist , and to draw this generation , to look after a new antichrist , by ridiculously confining him , and the two witnesses , to persons , fraternities and places , which neither consist with those terms , qualifications , transactions , powers , civil death and reviving , which do manifest them , according to what is revealed in god's word ; nor with that universal relation which they have to the catholick church , and to the overthrow of the enemies thereof ; as will appear when that impudence is more evident ; and when to see her delusions , and to hate and prosecute the whore , god shall put it into the heart of that king , with whom the tenth part of the mysterious babylon shall fall from her . as for that scare-crow of a pretended sacriledge , wherewith fools only are affrighted , and with which the prelates ignorantly ( if not impudently ) charged as well many preceding kings , parliamenes , and persons of honour and integrity , as the late purchasers of cathedral lands , it will shortly appear so ridiculous a bug-bear , that the publishers of that fancy , will be ashamed ( if they have any shame ) to hope they shall be able to perswade his majesty , and this nation , that alienating of their prelatical possessions from the church ( as they call their corporations ) is the sin of sacriledge . for , this remonstrant is so confident on his part , of the contrary , that if the prelate who claims that which he hath purchased , will thereupon hazzard but half the value in other lands , and allow him but as competent and wise judges in the case , as the parliament of england , and the pope of rome were in queen maries dayes ( when the like sales were questioned ) the said remonstrant , if judgement pass against him , will resign all that he hath purchased of the said lands for a farthing : or if that all the prelates be able to prove his said purchase sacriledge ; or if he be not able to prove that many prelates who now or heretofore possessed such lands , as aforesaid , by colour of a divine right , did not more sacrilegiously get them , enjoy them , and dispose of them , then the late purchasers , ( to wit ) when they alienated them for . years , to bribe themselves into a deanary or bishoprick , or when they conferred them in fee , or by lease to their kindred , minions or concubines . much more might be added to evidence these things , and to vindicate those from aspersion , who have bought the said prelates lands , or alienated them by publick authority ; but since i had written that which precedes , i had view of a printed sheet , composed by a learned and judicious author , and entituled , an apology for purchasers of lands , late of bishops , deans and chapters , wherein so much is alleadged to justifie the alienation of sales , and purchases of lands belonging to ecclesiastical persons , and that estates granted by parliament , as aforesaid , ought by reason , law and presidents to be made valid : that i might have spared this remonstrance , if i had not known by long experience , that men who are sleepy , ( or very busie in serious prosecutions tending to their own profit or pleasure ) will seldom heed or hear reason , until awakened by some unusual noise . it appears then by the premises , that the purchasers of lands belonging heretofore to the prelates , may have a satisfactory proportion of the said lands , and yet leave enough to be an honourable maintenance for bishops , regulated according to their primitive institution : and that they who had debts secured by ordinances or orders of parliament upon the publick-faith , and such as purchased the estates of the king , queen , prince , or of them whose estates were sold to pay publick debts , for adhering to the king , must be satisfied by some other expedient , to prevent those mischiefs which may else befall to the disturbance of common peace , by discontenting the one party or the other : for indeed , till there be a mutual forgiveness , as aforesaid , and such a contrivement , that every man may possess his own , we in vain shall otherwise endeavour , for a settled peace . now , to compleat the satisfaction desired , there are many hundred thousand acres in this kingdom , in forrests , chases , and other waste grounds , which being divided betwixt lords and tenants , reserving a portion out of their proportions , would amount ( with a little contribution out of their estates , who have no interest in those lands , that all might help to bear the burthen ) not only sufficiently to discharge all publick debts aforementioned , and to give a competent allowance to the remaining purchasers ; but advance such an improvement also , in corn , grass , cattle , wood , and timber , for fireing , building of ships , and houses , in time to come , ( as provision may be made in parliament ) that might yearly feed a million more of people , encrease trade , supply other defects , produce many conveniencies , and prevent not a few mischiefs : for , that land which is not worth six-pence by the acre yearly , would be improved to five shillings per annum , that of five shillings to ten , that of ten to twenty , and some to much more ; and , by that means , likewise , one of those previous signs of that righteous government , specified in the remonstrants britains-genius long since published , might perhaps be thereby eminently fulfilled ( to wit ) that , — oxen of the largest northern breed should fatted be , where sheep now scarcely feed . this expedient would be justly offensive to none ( as our case now stands ) but , to men of corrupt principles , and such as neither know nor understand the true interest which publick or private persons have in such lands ; or , who are not willing to lose those opportunities , which they have by the near scituation of their dwellings , to take wholly to their own use , what belongs in a larger measure to other men , living at a farther distance : or , it may be some poor people unlawfully intruding upon those wastes , having erected cottages upon them , to the wrong of their neighbours , will complain thereof : but , it will be without just cause , since they may be better provided for by such a division , both for their own and the publick wellfare , out of those lands . for , the most part of those poor people who have so intrenched upon the right of other men , to the impoverishing of many parishes , are very wicked and dissolute persons , living upon pillfering and stealing , or keeping unlicensed ale-houses in blind corners , wherein is more idleness , drunkenness , and prophaneness , by night and by day , ( especially on the lords day ) then can be imagined by those who have not seen it . also , a small starvling breed of jades , and of other unserviceable and improveable cattle , eats up yearly many large commons , without any advantage comparatively considerable , with that which might be raised by their improvement . the making of barren lands fruitful is a temporal blessing , which may be preparatory for a spiritual mercy , and a cure of that curse which is imposed , by making a fruitful land barren , for the sins of the people that dwell therein . the forrests and chases , ( though many have now almost forgotten it ) were heretofore one of the greatest oppressions in this kingdom ; and being settled , either by laws , or by customs equivalent to law , may quickly be revived . beasts and beastlike men ( such as professed hunters , falkners and keepers have been for the most part ) had well near the sole benefit of those forrests and chases , which were replenished with game . the king received no profit by them , and not much pleasure for which he paid not yearly , more then it was worth ; and his subjects were so misused and tyrannized over by his officers , that many gentlemen and others were inforced to forsake their habitations in and about those forrests and chases , to prevent undoing , or avoid their unsufferable insolencies : and it would be a double mercy , if by now sacrificing them to justice , occasion of the like tyrannie for the future might be taken away , and the publick-faith vindicated from scandall and violation , by satisfying for the remainder of lands sold as aforesaid , & for those debts whereunto this nation is liable both in justice and conscience . and the remonstrant humbly prayeth , that by your mediation who are in authority , it may speedily be endeavoured , unless the wisdom of this generation can find out a better expedient : for , as it was said heretofore , jerem. . v. . to the house of the king of judah , so , saith this remonstrant , hear the word of the lord , oh king and people of england , thus saith the lord , execute judgement in the morning , ( that is , assoon as the cry of oppression comes to your ears , and power into your hands ) and deliver him that is spoyled out of the hand of the oppressor , lest my fury go out like fire , and burn that none can quench it , because of the evil of your doings . do justice , that you may find mercy , and do not frustrate the prayers of distressed suppliants , as did they whom god hath made exemplary for their failings ; nor let all the fore-warnings of your remembrancer be still in vain , but give ear oh regardless generation , to what is timely hereby expressed relating to your welfare . this remonstrant , will now add for a corollary , to what hath been hereby offered to consideration , two exemplary executions of god's judgements , for oppression and injustice ; and one pattern of righteousness in an ethnick prince in times of old , with two or three presidents out of antiquity , warranting that freedom which he hath assumed to express his mind so plainly at this time , and then conclude . one of those monitory examples , shall be that prodigious judgement recorded in holy scripture , to have been executed upon sodom and gomorrah , whose sins were pride , idleness , fulness of bread , and not strengthening the hand of the needy , for which god having visited them with a war , as these nations have been , and delivered them by the hand of abraham for lots sake , whom he providentially sent to dwell among them , to be both by his counsel and life , a means to bring them to repentance : they neglecting to improve those mercies , and continuing in their sins , god in a fair sun-shining morning , after they had spent the preceding night in prosecuting their abominable lusts , suddenly destroyed them by a most prodigious sulphurous fire descending from heaven , to be an everlasting memorial of his wrath against obstinate impenitent sinners ; which is so well known , that it needs no further illustration . the other shall be an example no less prodigious , commemorated in ethnick history , which the author declared in words to this effect . in the year of rome , . and in the . year of the age of marcus aurelius , upon the twentieth day of august , about sun-set , at palermo a sea-port in the isle of sicily , there chanced a thing perilous to them who then saw it , and no less dreadful to those who heard of it afterward . whilest they of palermo were celebrating a great feast with much joy , for the great spoyls which they had taken at sea from the numidians , & which the pirates purposed to divide among them , they were partly prevented by the magistrates and partly by the said accident : for , when the people were returned to their houses , there appeared in the city a dreadful monster in this form ; he seemed to be of the length of three cubits , his head was bald , so that his skull did appear ; he had no ears , but two holes in his neck , whereby it was supposed , he heard ; he had two wreathen horns like a goat , his right arm was longer then his left , and his hands were like the hoofs of horses , his shoulders and his head were both of one height , his shoulders shined like the scales of a fish , his breast was hairie , his face in all things like unto a man , save that he had but one eye in the midst of his fore-head , and but one nostril ; from the middle downward , nothing could be seen , because he sate in a chariot which concealed it ; the chariot was in fashion like other chariots then used , and drawn with four beasts ; two lions before , and two bears behinde . within the chariot stood a great caldron with ears , wherein this monster sate : it wandred a great space through the city , from one gate to another , casting out sparks of fire ; which caused so great a fear throughout the city , that women with child miscarried , and some died out-right with fear : men and women , great and small , ran to the temples of jupiter , mars , and februa , makeing importunate prayers , with sad cries . at the same time the pirates were in the governours palace , whose name was solyno , born at copua , and in that palace the spoyls being kept , thither the monster came , after it had wandred through the city , and cutting off one of the lyons ears , wrote with the blood thereof , upon the palace gate , these letters , r. a. s. v. p. i. p. p. these letters were diversly interpreted , so that the interpretations were more then the letters . but in the end , a prophetess greatly esteemed for her science , opened the true meaning of the letters , saying , r. signifieth reddite , a. aliena , s. si , v. vultis , p. propria , i. in , p. pace , p. possidere , which words altogether , make up this sense , reddite aliena si vultis propria possidere in pace render to other men that which belongs to them , if you will possess in peace that which is your own . the pirates were wonderfully afraid of this command , and the woman highly commended for her exposition ( but the injunction was not obeyed . ) the monster went the same night out of the city , unto an high hill named jamicia , and there continued three dayes within sight of the city , the lions and bears terribly roaring , and the monster casting forth flames ; during all which time , there was neither bird seen in the air , nor beast in the field near that place , and the people offered great sacrifices to the gods , yea their own blood , to appease their wrath . three dayes being passed , there appeared in the element a marvellous dark cloud , seeming to darken the whole earth , and then it began to thunder and lighten so terribly , that many men died , and divers houses fell to the ground ; and at last there came such a flame of fire from the monster , that it burnt both the palace where the pirates were , and all that was therein , consuming the very stones thereof ; yea the tempest was so great , that there fell above two thousand houses , and more then ten thousand persons died in the tempest . in that place where the monster stood upon the said hill , the emperour built a sumptuous temple to jupiter in memorial thereof , of which temple alexander the emperour made afterward a strong castle . this is taken out of the epistles of marcus aurelius the emperour . thus you have an evidence of two witnesses , one of divine credit , and the other recorded by one of greatest fame among heathen philosophers and emperours , to shew how dangerous it is to neglect justice , and not to render unto every man his own , when god requires it to be done . also , how honourable it is for kings and states to do righteous things , and how necessary and warrantable it is , both for men oppressed , and others thereto conscientiously moved , in such times and cases as many are in at this present , to speak truth plainly and boldly , even to the highest powers on earth , this that follows may illustrate . a testimonial of the first , tending to stir up princes and states to be ambitious of the like glorious vertues , is taken out of an epistle of the same emperour , written to antigonus . in the twentieth year of my age , i lay ( saith he ) during the winter season , in the isle of cheten , which now is called cyprus , where in former time lived a king , greatly renowned for clemency and other heroick vertues , and who lay there buried under four pillars within a tomb , whereon was engraven in greek letters , without the addition of his name , ( which indeed ( saith my author ) i could not learn from any one ) an epitaph to this effect , whilest , by the permission of the gods , i here lived and reigned , my endeavour was to nourish peace , and prevent discord . i desired nothing , but what might be vertuously obtained , without any vitious practises , and what i could acquire by a peaceable means , i never sought to obtain by war and force ; or to procure that by rigour , which might possibly be gotten by mildness : i never openly reprooved any man , before i had first admonished him in secret ; neither delighted in flatterers , but hated and abhorred lying , both in my self and others : i coveted nothing that was another mans ; but , was content with what was justly mine own ; spent not prodigally , nor spared nigardly ; nor ever deserted any friend in his adversity . i delighted more to forgive , then to revenge ; and punished not the greatest offendors , but with compassion , and much sorrow in mine own heart . being born of a woman , i was to be subject to the condition of mortals , and dying , was laid here , to be meat for worms as other men are ; and having endeavoured to live a vertuous life , did willingly resign my soveraignty to death , and my spirit to the gods who gave it . how thinkest thou antigonus ? ( said the author ) what an epitaph was this ? how glorious was his life , how eternall deserves his memory to be ? i swear unto thee by the law of a good man , and as the gods may prosper me , i took not so much pleasure in pompey with his jerusalem , in semeramis with her india , in king cyrus with his babylon , in cajus caesar with his gaules , nor in scipio with his africa , as i do with this king of cyprus in his grave : for more glory bath that king there in that sharp mountain being dead , then all these , and all those in proud rome , who are now alive . now , out of many approved presidents justifying , by the acceptation they had , the just freedom which men oppressed may challenge , in plainly and boldly declaring their grievances and oppressions to the greatest potentates of the world , i have chosen two , the first of a jew , and the other of a german , both which came to rome , to complain unto the senate there , on the behalf of themselves and country-men , oppressed by the romans . their speeches being long , i will here epitomize ; and first , that of the jew , spoken to the roman senate , the third year after pompey sacked jerusalem , and whilest valerius gracchus governed judea . fathers conscript , your good fortune permitting it , or to say better , we for saking god , jerusalem which was lady of all the cities in asia , and mother of all the hebrews in palestine ▪ is now servant and tributary to rome : whereat we jews need not to marvel , nor ye romans to be proud thereof ; for the highest trees are soonest blown down by violent winds . great were those armies whereby pompey vanquished us , but greater have our offences been , for which we were forsaken of god . i would have you to hear by words , but rather to know it by experience , that we have a merciful god , who can do more alone , then all your gods together , and who sheweth compassion , though among fifty thousand there be but ten good men : they are our great offences only , which have made you to be lords over us ; and not your power or vertues . for , whilest we agreed in the unity of faith in one only god , he prospered us ; and so long as the wrath of god is upon us for our sins , so long shall you be lords over us , and no longer . then shall we recover what we have lost , and ye shall lose what you have won : and as we are now commanded , so shall we be then obeyed ; but at present , and whilest we are swayed one way , and ye another , neither can you encline me to the worship of your gods , neither shall i be able to draw you to believe only in in that one god , the creator of all things , to whom i refer the disposing of all things . touching that which i have chiefly to say , know you , that in times past , rome had peace with judea , and judea with rome ; and being friends , preserved each other in peace ; but now it is otherwise , and whilest we sigh for peace , we see , you make preparations for war ; whereas , if you would expell those who bear us evil will , and we could know and take heed of them who provoke us to rebell , neither should rome so much oppress judea , nor judea hate rome . friendship is lost , not so much for the interest of the one or other , as by their indiscretion who pretend to be mediators ; for if they who take upon them that office , be greater enemies then those between whom a war is begun , they do but cast wood into that fire , which they should quench with water . since the banishment of archelaus from judea , in whose place you sent unto us , pomponius , marcus , rufus , and valerius , we have had four plagues , the least wherof was sufficient to poyson all rome . what greater calamity could happen unto us , then to have judges sent from rome , who took up all the evil , customs of wicked men , and were themselves inventors of new vices ? and when they , who ought to punish the lightness of youth , are the ringleaders of levity ? it is openly said in asia , that the thieves of rome , do hang the thieves of jewry : and i must plainly tell you , we fear not the thieves which rob us in the woods , so much as those judges who spoyl us in our houses . we dread not robbers on the high-way , nor those who make open war upon us , nor the plague of pestilence half so much , as your corrupt judges . to that , which is here heard in the senate , and not seen with us , you give more credit , though reported by one who hath been but three moneths in the province , then to that which is reported by many who have governed thirty years . consider ye senators , that if ye were advanced to this dignity because you were the wisest , the most honest , and moderate among the people , it would appear in your being so just and vertuous , as not to believe all you hear since you have to do with many of divers nations , whose ends and intentions are variable . i speak the truth unto you , your judges have done so much injustice , and shown such ill examples , that they have taught the youth of judea , those vices which our fathers never heard of , nor we ever saw or read of before : and ye being mighty , and reputed noble , disdain to take counsel of men that be poor , as if to know much , and to have little wealth or esteem , were never found together . as ye have given counsel to us , so be pleased to take counsel from us , and know , that though your captains have won many realms by shedding blood , the way to keep them , is by clemency and mildness , without bloodshed ; and therefore pray and advise your judges , whom ye send to govern strange provinces , that they be more diligent to preserve the common peace , then to employ themselves in taking fines and forfeitures , lest else , they slander you who send them , and destroy those whom they should govern and protect : for the reason , why they are not justly obeyed , is , because they command unjust things : righteous impositions and just commands make men humble and obedient , whereas unrighteous commands , make meek and humble men obstinate and froward ; and the more evil things are commanded , the less good things are obeyed , when such persons enjoyn them . believe this , oh ye romans , that from the levity of those in authority , springs the shamelesness and disobedience of the people . the prince , who imposeth government upon those whom he knoweth not to be qualified for such a trust , intendeth not so much that they should do justice to his people , as that they should increase his treasure and serve his lusts ; but let him be well assured , that when he least thinketh of it , his honour and credit will be turned into infamy , his treasure consumed , and some notable vengeance fall upon him or his posterity . i having other matters to speak of in secret , will here conclude , with this advice , that ye keep us and our countrey in safety ; ( for which you have hazzarded your selves ) and that ye do justice impartially , for then we shall reverence your commands . be mercifull , and we shall be meek ; be not cruel in punishing our weakness , and we shall willingly obey your just commands ; command not with proud severity , and you shall find in us the love which fathers may expect from children , and not that treason , which oppressive lords usually find in their servants . these words , though bold and sharp , were ( as the author saith ) heard with admiration and approbation of all the roman senate . the other speech which i will here make use of , was reported by marcus aurelius to have been spoken in the senate of rome , in the first year of his consulship , by a poor countrey-man , living near the river danubius , who came to ask justice of the said senate , against a censor who sorely oppressed the germans : this rustick was in outward appearance , in some respects , more contemptible then this remonstrant : for , he is described to have been a man who had a small face , great lips , hollow eyes , of a sun-burnt complexion , having curled hair on his head , and a long thick beard ; his rayment and coat was of beasts skins , his shooes of porcupine-leather , his girdle of bull-rushes , his head bare , and a club in his hand : in this equippage he entred the senate , whereon though many persons were there attending to have their affairs dispatched , this poor man was admitted before all others , and spake in this manner . oh fathers conscript , i mileno a plow-man , dwelling near the river danubius , salute you worthy senators of rome , beseeching the immortal gods so to govern my tongue this day , that i may speak that which may be for the welfare of my countrey , and encline you to do that which may be for the publick honour of this empire , for without the help of god , we can neither obtain that which is good , nor avoid what is evil . by divine permission , and our wrathful god's forsaking us , such was our evil , and your good hap , that your proud captains of rome , took our countrey of germany by force of arms ; of which ye had been prevented , if we had timely appeased the wrath of god . great is the glory you have atchieved by your conquests ; but greater will be your infamy , by the cruelties which you have committed : for you shall know , ( if you know it not ) that when the wicked victors went before the triumphant chariots crying , live , live , invincible rome ; the poor captives walked after , saying in their hearts , justice , justice . give me leave to speak plainly , your covetousness , oh ye romans , in taking away other mens goods , hath been so extream , and your commands in strange countries have been so extravagant , that neither the depths of the seas can suffice you , nor the wideness of the earth secure us ; and there is no other consolation left us in our troubles , but our hope that the gods who are just , will execute justice on those who are unjust ; which assurance being wanting , we should with our own hands destroy our selves , to avoid the inhumanity of our enemies : but , i hope in the just gods , that you , who without just cause , have cast us out of our houses and possessions , shall by them be cast out , both of italy and rome . in my country , we take it for an infallible rule , that he who taketh from another man his right , ought in reason to lose his own ; and i trust , that what we have for a proverb in germany , you shall have here by experience . by my blunt language , and by the homely apparrel that i wear , you may well imagine me some rude and barbarous groom : yet , i want not reason to know who is righteous in keeping his own , and who a tyrant in possessing what is another mans : for though we plain country-men cannot speak eloquently , we are not ignorant of the difference between good and evil , or that the gods will take away in one hour , what tyrants have been gathering many dayes , and restore in one minute , that which good men have lost many years . believe me , ob romans , goods unlawfully gotten by the fathers , are the undoing of their children ; and it is impossible , that a wise man should find any contentment , in that which is gained unlawfully , and with an ill conscience . i wonder how he that keepeth another mans goods , can sleep or rest one hour , knowing he hath done injury to the gods , scandalized his neighbour , pleased his enemies , lost his friends , and put his person in peril , by endamaging those whom he hath robbed . he that taketh away my goods unjustly , will the same day take away my life if he can . i say and affirm ( not caring whether he be greek , barbarian , roman , present or absent , who shall be offended thereat ) that he is and shall be accursed of the gods , and hated of men ; who will turn a good fame to an infamy , justice into wrong , rule into tyrannie , truth into lyes , certainties into things doubtful , and destroy his own happiness , by depriving other men of their contentment . you romans are naturally proud , and your pride blinds you , or else you would perceive , that being lords of great provinces , you are slaves to your own riches ; and that they both deprive you of your honour , contentment and rest . hearken to what i shall say , and i beseech the gods to make you so understand it , that i lose not my labour . i hear all the world exclaim against pride , and yet none embrace humility ; every man condemns adultery , yet i see few who live chastly ; most men curse excess , yet i perceive not any who is temprate ; all men praise patience , yet none will patiently suffer ; they blame sloth , yet spend their time in idleness ; all exclaim against avarice , nevertheless every one robbeth his neighbour ; and i speak it here openly in the senate , not without grief , every mans tongue extolleth vertue , yet they enslave all their members to vice ; and this i object not against those romans which are in iliria alone , but against those also which i see here in this senate . in your houses , and about your arms , you have this motto , romanorum est debellare superbos , & parcere subjectis ; but , you might more truly have written , romanorum est spoliare innocentes , & reddere subjectos . what just occasion brought you from the banks of tiber , to invade us who lived peaceably nigh the river of danuby ? were we friends to your foes , or enemies to you ? did we go to conquer other counrites , or were disobedient to our own lords ? did we either despise your friendship , or defy you as adversaries ? did any of our deceased princes bequeath our lands unto you as their heirs , thereby entituling you to a rightful claiming us for your subjects ? have we destroyed your armies , wasted your fields , spoyled your people , or done any outrage or injury , which might provoke you to revenge ? of a truth , none of these , or of any such occurences have happened , as usually give occasion of controversies betwixt neighbours ; but meer covetousness and ambition were sole causes of your intrusions : for , in germany , we felt your tyrannie , as soon as we heard of your fame . if you be offended with what i have said ; be pleased with what i will say ; which is this , that the name of romans , and the cruelties of tyrants , arrived together in one day upon our people . they who have much , do oppress them who have little ; covetousness produceth malice , and malice makes way to open robbery . i conjure you romans , by the immortal gods , to heed what i say , and consider what you have done : for either the words of the gods are not true , or else men with their oppressions , and the world , must come to an end : fortune must fix a pin in her wheel , or else that which you have gotten in eight years , will possibly be lost in eight dayes ; since nothing is more just , then that the gods should make you slaves , who have made your selves tyrants . do not think , though you have subdued germany , and are lords thereof , that it was by your warlike prowess : for , you are no more warlike , nor more couragious , nor more able to endure hardship , then we germans : but , we , as is aforesaid , provoked the gods to wrath , and they to punish our sins , have ordained that you should be a scourge to our persons . you are not so strong , nor we so weak , that you had enjoyed the spoyl of our country , if the gods had favoured us as much as they did you : therefore you obtained not the victories by the weapons which you brought from rome , but by the vices you found in germany : we were not over-run for being cowards , but for being wicked ; and when your vices are at full , and the gods as angry with you , as they are now with us , things will succeed better on our behalf . think not to be the more prosperous or victorious by your great armies or vast treasures , or for that you have more potent gods to assist you , or because you build greater temples , or offer larger sacrifices : for know , if you know it not , that none are more favoured of the gods , then they who execute justice and shew mercy . the triumphs of conquerours are not atchieved by politick generals , experienced captains , valiant souldiers , and numerous armies : for we have found by experience , that with all these concurring , they can but begin a battle , and that then , the gods themselves dispose of the victory : and if i am not deceived , the wrath of the gods towards us , is so much appeased since our sufferings , and so incensed against you for your cruelties to us , and your unthankfulness to them ; that , you who now esteem us to be your slaves , may possibly hereafter acknowledge us to be your lords . in my travails hither , i have seen high mountains , large provinces , several nations , and barbarous people ; and finding rome to be so many miles distant from germany , i wonder what fond toy came into your heads , to send to conquer it . if it were for desire of treasure , i believe , ye spent more in subduing it , then the revenue of all our country will amount to in many years , and yet may perhaps also lose it , before you re-imburse what it cost . if it were glory , that you aimed at , great is your vanity ; for , little honour is it to have forts and towns , where you have not the hearts of the people . if you did it to enlarge your bounds ; it became neither wise nor valiant men , to enlarge their dominions , and diminish their honour . if you say , it was done , that we should not be barbarous , but civilized according to your mode , i should be therewith well contented : but , how can you give good laws to strangers , who neglect and break the best laws made by your own predecessors ? with what credit can they correct others , who deserve as much correction ? how can the blind lead the lame ? why should the proud romans subdue the innocent germans ? and since every man is so corrupt , and so alienated from the love of god and goodness , that each taketh what he can , and killeth whom he listeth , what remedy is like to succeed , when neither they who govern will endeavour it , nor they who are oppressed dare complain ? rulers are so hard to be entreated , and so little regard poor mens grievances , that it is not more grievous to endure their oppressions at home , then to come and exhibit their complaints here ; because , in their own country , they have but one persecutor , and in this place very many ; they being rich , and the complainants poor . rome , if she be the mistress of germany , ought in equity to preserve us in peace by her justice ; whereas they who go from hence thither , despoyl us of our estates there , and they who are here , rob us of our good name , saying , we are a people without laws , without reason , without a king , and may as barbarians be made your slaves : but , in these slanders you are injurious , since we being as we are , and as the gods created us , remain peaceably in our own countries , without desiring to invade others , might more justly and rationally say , that you are men without law or reason , in that not being contented with the sweetness and fertility of italy , you seek to conquer all the world by bloodshed . if you say , we deserve to be slaves , because we have no prince to command us , nor senate to govern us , nor army to defend us ; i thereto answer , that having no enemies , we need no armies ; that , being contented with our lots , we wanted not a proud senate to govern us ; and being all equals , had no necessity to be subjected to the humours of a prince , whose office duly executed , being to suppress tyrants , and maintain the people in peace , we wanted not a person to be kept among us to either of these ends ; and , if you therefore say , we have in our country no common-wealth nor politie , but live as brute beasts in the mountains ; therein also you slander as : for , in our country , we suffer no liers , nor rebels , nor thieves , nor seditious persons , nor men who bring us fantastical apparrel , or strange customs from other clymates : but , are modest in our rayment , temperate in our meats and feeding , and needed no better behaviour then our own . though we have not the merchandizes of carthage , nor oyls of mauritania , nor wares of tire , nor steel of calabria , nor odours of asia , nor the gold of spain , nor the silver of britan , amber of sydonia , silk of damascus , corn of sicilia , wine of candy , or purple of arabia : yet , we have a common-wealth , and are not brutish : for , these , and such like things , yield more provocations to vice , then helps toward a vertuous life . blessed is that common-wealth and nation , not where riches abound , but where vertues are commanded , practised , and improved ; not where light , proud , and froward persons inhabit and domineer , but where sober , serious , prudent , and meek men reside ; and therefore you may have cause to envy our poverty , and we to pity your condition in being rich. would god , you were as well contented with your wealth , as we could have been with our poverty before your invasions ; for then you had not robbed our country , nor had we been forced hither to complain , where our tears and complaints are not so much regarded , as to effect a diminishment either of your pleasures , or of our grievances . you may think perhaps , i have no more to say ; but it is not so ; there yet remains that to be spoken , which may astonish you ; and i will not be afraid to speak it , though you have not been ashamed to do it ; for , open offences , merit not secret reproofs . i marvail , romans , what ye mean , to send over unto us such ignorant governours , who ( i swear by the immortal gods ) neither seem to know your laws , nor to understand ours ! ye send not those who are best able to defend us by executing justice , but , those who are best befriended in rome ; as perhaps , you give to those of the senate the office of censors , more for favour or importunity , then for desert . i can say little here , in respect of what they do with us . what you authorize them to do , i know not , but what they do , is too well known unto me . all bribes that are brought unto them , they take openly , and share and poll us all in secret , to the utmost of their power . they punish the faults of poor men , and connive at rich mens transgressions , that they may take occasion and encouragement to commit greater ; and whereas they should use means to diminish reproach and slanders , they encrease them . to demand justice without a bribe , is the certain course not to obtain it . will your tyrannie and avarice never have an end ? though you wrong us in words , oppress us not also in deeds . our bodies are able to bear those irons with which you load us ; but the tributes and taxes which you impose , are greater then we can sustain . if nothing will content you , but all that we have in germany , go thither and take it , for we affect not , as you do , to live poorly , that we may die rich , and to deprive our selves of contentment during life , that others may squander away our superfluities when we are dead . if our service content you not , strike off our heads : for your swords are not so dreadful to our eyes , as your tyrannies are abominable to our hearts . do ye know , oh romans , what you have done ? if not , i will tell you : verily , you have caused many of us to swear , that we will forbear to cohabit with our wives , and slay our children as soon as born , rather then leave them in the hands of such wicked and inhumane tyrants as ye are : yea , we determine as desperate men , to resist the natural motions of the flesh all our life time , rather then get our wives with child : thinking it better to restrain our lusting twenty or thirty years , then to leave our posterity to be your perpetual slaves . but , to what end is this complaining ? perhaps you will sometimes hear us , as now you hear me ; but when you have heard us , you will be still slow in relieving . i will tell you some of those things which i have observed , that you may reform them . if a poor man come to complain and demand justice , if he hath no money to give , nor wine or oyl to promise , nor a revenue to maintain his expences nor friends to mediate for him ; then after he hath declared his grievances ; you , for awhile , give him fair words , seem to pity his sufferings , and promise him speedy relief . but in the mean time make him totally spend that little which he had , and wast the best part of his life in vain hopes and tedious prosecutions , without any effect at all to his profit : yea , on the contrary , they who at first promised him favours , do at last joyn hands with his oppressors , and quite undo him . most say in the beginning , his cause is good , yet though upon his tryal they find it so proved , they give sentence against him at the last ; so that he who came at first hither to complain against one , returns home complaining against many , yea against all , and crying out to the immortal gods for vengeance . i will declare unto you my life , oh romans , that ye may understand , how we now live and subsist in my country : i get my livelihood by gathering acorns in the winter , by fruits in the summer , and reaping corn : sometimes i fish , both for pleasure , and to supply necessaries , spending most part of my time alone in woods , fields and mountains , because i would not behold the outrages which are perpetrated by your officers in our country ; whose oppressions , if i could fully declare them , would appear so many and so hainous , that either they would be deprived of their employments , or my punishment would certainly ensue . but what good success can i hope for ? when i consider the things which i have seen within these fifteen dayes now passed away since my arrival in rome ; where such things have been committed , that if they had been done in germany , the gallows and gibbets had worthily hung as thick with malefactors , as vines with clusters of grapes ? for , i have observed , ( beside other things observable ) such immodesty in apparrel , such intemperance in your feeding , and such disorder in your lives and affairs , that having beheld as much as i desired : and my heart being at rest , by spitting out that poyson which was in it , i am ready to make recompence for it with my head , if i have offended , &c. this , and somewhat more , which for brevity sake i omitted , was spoken in this bold manner , by a person as contemptible as this remonstrant ( to a greater and a more absolute power then we live under ) on the behalf of himself and country-men , who were thereby oppressed , and , who , though reputed the greatest tyrants of the world , were not so tyrannous , as to be enraged by his upbraidings & bold expressions , whom oppression had exasperated : for , we find it attested by that famous emperour , who occasionally related this speech , that it was highly approved , both by the whole senate and by him , as well becoming the speaker , in such a case ; yea , notwithstanding the tartness thereof . his testimoniall after he had said much in praise of this oration , to those unto whom he declared it , was delivered in words to this effect : by the faith of a good man ( said he ) i saw this german stand boldly on his feet , and undismayed a whole hour , whilest all we in the senate sate beholding the earth with shame , not able to answer him one word ; because indeed he had astonished us , to see the little regard he had of his life . but , the senate agreed altogether , ( said he ) the next day to send new governours and judges into germany ; commanded him to deliver unto us in writing all that he had said , to be registred among the good sayings of strangers ; made him a free-man of rome ; chose him to be a senator , and appointed him a maintenance out of the common treasury . by this , it appears , that there is a way , whereby a prudent senate , or supream authority , may advance their honour , if they please , by hearing with patience and good acceptation , those bold and free speakings , tending to the execution of justice , which fools mis-interpret as scandalous , and tending to their dishonour or disadvantage . and the remonstrant hath made use of these ethnick precedents and testimonies , that they who profess christianity , may be the more ashamed , to hear that heathens and meer natural men should surpass them in generousness , in zeal to justice , and in compassionately permitting grieved supplicants boldly , plainly and openly , to signifie their grievances , and particularize their oppressors , if need be , not only without blame , but also , with approbation , remedy and reward . here , this remonstrant , purposed to conclude : but , as many times , he knows neither when he shall begin to write , nor what he shall write untill he hath begun : so , be knows not sometimes when he shall make an end , untill he hath done . whilest he was transcribing what is last added , providence offered to his view an epistle written by marcus aurelius , then censor , to his friend catullus , concerning the news which was at that time in rome : which comprehendeth so many particulars pertinent to our consideration at this present , & which have such resemblances to occurrences in this our generation , that he could not omit it : therefore , it is here epitomized in these words , preserving the true genuine sense of that epistle . marcus the new censor , to catullus now aged , sendeth greeting . ten dayes past i received thy letter in the temple of janus , whom i take to witness , that i had rather have seen thy person . thou desirest my letters may be long , but shortness of time , compells me to make them shorter then i would . to answer thy expectation of knowing what news is now here , i shall not be so able as i could have been , if thou hadst desired to be informed , whether any thing that was good and old , is yet remaining here amongst us in rome or italy : for , by our evil destiny , all that was good and old is ended , and new things which are evil , do now begin to abound . the emperour , the consuls , the tribunes , the senators , the aediles , the flamins , the praetors , the centurions , and almost all things are new save the vertues , which are grown obsolet . we pass the time in making new officers , in devising new projects and counsels , in raising new taxes , with such like ; and there have been more novelties within four years , then in four hundred heretofore . we now assemble three hundred to counsel in the capitol , and there we brag and boast , swear and promise , that we will extoll the vertuous , subdue the vitious , favour the right , not wink at wrongs , punish the evil , reward the good , repair the old , edifie new , pluck vices up by the roots , plant vertues , follow that which is good , reprove tyrants , and relieve the poor and oppressed : but , when we are gone from thence , they who speak the best words , commit the worst deeds . the senators pass away their time in saying , we will do , we will do ; but , every man seeks his own profit , and forgets both private mens injuries , and the weal-publick . i often hear in the senate , much eloquence in words , fair shews of zeal to justice , and much spoken by many in justification of themselves ; and when i come abroad , am ashamed to see their evil works , with their cruel extortions , and find it to be very frequent for them who commit the greatest crimes , to be most severe in giving sentence against others for the same offences . we behold our own faults in mirrours which make them seem less , and other mens in multiplying-glasses , making them appear greater . oh! how many have i seen condemned by the senate for one fault committed but once in all their life-time , when they themselves commit the same fault , or worse , every hour ! i read , that in the time of alexander the great , there was a famous pirate called dionides , who robbing all ships he could meet withall , alexander set forth a great navy to apprehend him , which having taken him , and presented him to alexander , that king said unto him , why dionides , dost thou spoyl so on the seas , that no ship can sale in safety for thee ? the pirate answered , if i spoyl by sea , why dost thou spoyl both by sea and land ? oh alexander , because i fight with one single ship at sea , i am called a pirate , and because thou robbest with two hundred ships at sea , and troublest all the world with two hundred thousand men by land , thou art called an emperour . i swear unto thee alexander , if the gods were so favourable to me , as they are to thee , and so adverse to thee , as now they are to me , and would give me thine empire , and bestow on thee my little ship , peradventure i should be a better emperour then thou art , and thou wouldst be a worse pirate then i. this bold speech pleased alexander so well , that he made him general of a great army ; and he became more vertuous by land , then he was vicious by sea . now , in italy , they who rob openly , are called lords , and they who rob privately , are called thieves . i read in the annals of livy , that there came an embassador from spain to rome , to treat of a peace with the romans , which embassador proved before the senate , that he had been robbed ten times of his goods , whilest he was at rome , and that he had seen one of those who robbed him , hang another who defended him ; and that seeing so wicked a deed , he took a coal , and wrote upon the gibbet these words . oh gibbet , thou art planted among thieves , art made by thieves , and hanged full of innocents . the whole history wherein these words are found , was written with black ink , and these words in vermilion letters . i cannot tell what other news to send thee ; but every thing here is so new and tender , and joyned with such ill cement , that i fear all will shortly fall suddenly in pieces . some , are so hastily and so highly promoted , that i dare assure thee rather of their fall , then of their lives and firm standing . we have already seen many , at whose rising we wondered , and as much marvelled at their sudden fall . we have seen cincius fulvius , in one year made consul , his children tribunes , his wife matron to the virgins , as also keepress of the capitol , and after that , not in one year , but the same day , saw cincius beheaded in the place , his children drowned in tiber , his wife banished , his house rased to the ground , and all his goods confiscate to the common treasury ; and this rigorous example we have not read of in a book , but seen with our eyes , that we might the better mind it . sith i have begun , and thou art in a strange country , i will write all the news which is here . this year , the . of may , an embassador came out of asia , who considering it would be dangerous sayling home in winter ; and seeing after long stay his business was not dispatched , ( being a man of a good courage , and zealous of his countries affairs ) coming one day to the senate , and seeing the senators enter the capitol unarmed , as the custom is , laying aside their arms , he spake thus , in presence of all the senators . fathers conscript , i am come to rome from a far country , & have found rome without rome . the fame of the place brought me not hither , but the renown of them who govern it . i came not to see that exchequer wherein the wealth of all realms is treasured up , but the sacred senate , out of which should issue counsel for all men : i came not to see you , because you were conquerors of other nations , but , because i thought you were more vertuous then all other . but , i dare say , except the gods have made me blind , or taken away my understanding , either you are not romans of rome , or this is not rome of the romans your predecessors . we have heard that the kingdoms conquered by their valour , were conserved by the wisdom of this senate ; but methinks you are more likely to lose , then to keep what your fathers got ; for their exercise was in realities , and you consume your time in complements and vain ceremonies : i have almost killed my self with laughing at you , to see with what punctualities you leave off those arms at the senate gate , with which your ancestors defended the empire . what profit is it to your suppliants , that you lay off those arms which may hurt one , and put on those which destroy all the world ? what avails it us , that you enter the senate without sword or dagger , whilest you are armed with malice in your hearts ? know , ye romans , we dread you not , as armed captains , but , as malitious senators ; we fear not your swords and d●ggers , but your hearts and tongues . it were less injury , if going armed into the senate , you took away our lives , then to suffer innocents to be destroyed , by not dispatching their affairs . i neither understand what ye intend , nor can suffer with patience what i see you do . in my country we disarm fools : now , whether your arms be taken from you as fools or mad-men , i know not : if it be done because ye are fools ; surely it is not the law of the gods , that three hundred fools should govern three hundred thousand wise men . i have tarried here for my answer a long season , and by your delayes , i am further from a dispatch , then i was the first day . we bring you hither , hony , oyl , saffron , wood , salt , silver , and you send us away to seek justice elsewhere . you have one law whereby to gather your tributes , and another whereby to determine justice : for , we must pay our tributes in one day , but you will not discharge our arrands in a whole year . either take away our lives , that our businesses may have an end , or hear our complaints , that we may live to serve you . if you think my words extravagant , and find them offensive , so you will do justice to my country , take my life ; and so i make an end . these were his words , catullus , which i got in writing , and may now say , that the same boldness and high spirit , which romans exercised heretofore in other countries , strangers now dare to express in rome . for this speech some would have had him punished ; but god forbid that any man should suffer for saying truth in my presence ; seeing that is more then enough which men suffer , though we then persecute them not , when they boldly inform us of their grievances . the sheep cannot be preserved from wolves , if the shepherds dogs bark not ; and there is no law of gods or mans which awardeth punishment for liars , that will permit any one should be punished for speaking truth : yet now , men are chastised more for murmuring against one senator , then for blaspheming all the gods at once . we need not seek to the gods in our temples : for , the senators take upon them to be gods ; but there is great difference betwixt them : for , the gods do nothing that is evil , and the senators nothing that is good : the gods never lie , and the senators never speak truth : the gods pardon often , and they never forgive : the gods are content to be honoured five times in a year , and the senators would be honoured ten times in a day : the gods are constant in every thing , and fail in nothing , the senators are stedfast in nothing , and fail in all things ; and when they intend not to amend their faults , they cannot endure their suppliants should inform them of the truth . but , be it as it may be ; this i am sure of , that it is impossible for them to be just , or sincerely to apply themselves to any vertue , who withdraw their ears from listning to the truth : and no mortal man , be he orator , or consul , or censor , or emperour , how well soever he takes heed to his wayes , and orders his desires , but he shall other while have need of some reproof and counsel . now i have written concerning others , i will inform thee of somewhat concerning my self , because thou desirest it . know that in the kalends of january , i was made censor in the senate , which i neither desired nor deserve . no wise man will spontaneously take upon himself the burthen and charge of looking to other mens affairs ; for it is an hard task to please every man in such an office ; and he who undertakes it , must often make shew in countenance , of that which is not in his heart . good men only ought to be put into office , and in the eighth table of our antient laws , it is enjoyned , that charge of justice be never given to him who seeks or desires it , but that men be chosen to such places with great deliberation , because few men are so vertuous and loving to their country , as to take offices upon themselves , so much for the benefit of other men , as for their own utility . unhappy is rome , if i be one of those who best deserveth such an office . i had no need of it , but accepted thereof to fulfill the command of antonius my grandfather , and to be obedient to the senate , who had thereto elected me of their own accord , &c. this remonstrant leaves it to your grave wisdoms , who are in authority , and to all other prudent readers , to make that use and application of these preceding fragments of antiquity , as they shall find cause ; and to consider whether these be not exemplary precedents , which may excuse at least ( if not justifie ) those plain and free expressions , which both his private necessities , and the constitution of publick affairs do require at this present , in relation to the common peace , to the preservation of publick honour , and to himself . howsoever , he will now conclude , adding only an humble prayer to all you who are in power , and one reasonable request to them , on whose behalf he was chiefly induced and emboldened , to draw up this pleading . his prayer to you in authority , is , that by your mediation and endeavours in your several capacities , means may be prosecuted , whereby , to the honour of god , those covenants , contracts and securities , made and granted by this nations representative , may be preserved without infringement , according to the tenour of his divine law ; that the honour and priviledges of the humane nature , may be duely tendred , by acting according to the law of reason ; and that the credit of the english nation may be kept from being violated and disparaged , by making good what their elected representative engaged to perform , either in specie , or , by a recompence nobly and generously vouchsafed ; and not by that irrational way of discount , which is by some proposed : for it is not only impossible , after so many years , and so many transactions , of which no memorials were kept , in expectation of a future accompt ; but it will be very injurious also , unless the said purchasers and lenders may be allowed to demand and receive satisfaction upon account and discount , for all their losses , their hindrances by expences in time , and their suits , solicitations , and forbearances occasioned ( without their default ) by those engagements which necessitated them to be purchasers or lenders ; as also , for all improvements , by them made at their proper cost , together with the charges of prosecuting a composition before the commissioners lately authorised to mediate the same ; and for dammages sustained by interest of money , and loss of the profits of those lands , which are intruded upon , and left unoccupied the mean while . these particulars being omitted , it will be as unconscionable a proposition , as it would be to merchant-adventurers , ( who must ballance their losses at one time , with what they gain at another ) to compell them to make sale of their wares , brought home at their last voyage , according to the disbursments only at that return , without any respect had , to what they lost formerly , or may possibly lose hereafter . nay , it is far more unconscionable , in regard that whereas merchants do usually gain sufficiently , at one time or other , to make them both savers and gainers , toward the advance of their estates ; many of the said purchasers and lenders , have been by casualities , by having that which was due unto them detained many years , and otherwise by gross injustice , very great losers , ( without their own default ) in every purchase , loan and contract , made to and with them , who were intrusted with publick concernments , and exercised the supream power , without contradiction ; and whereto , being conscientiously obedient , they ought in equity to have their obedience rewarded , as it was said , their piety and charity should be , who administred to his necessities as a disciple of christs , who came in the name of his disciple , though peradventure he was an impostor . and it is more then probable , that many of the said purchasers and lenders , if they have gotten ought , or been savers by the said parliaments grants in one particular , have lost more then the whole interest and principal of their disbursments in the rest of their contracts , expences and debts , pretended to have been secured unto them by the said parliament , as it hath happened unto this remonstrant in his own particular . his single request , before-mentioned , to his fellow-purchasers and lenders , shall be but this , that , they would be more just and respective unto him , then some of them have been ( as he hears ) in their censures passed upon this remonstrance , when it was perused in private : for , though it were voluntarily by him composed , with as much regard unto their good , as unto his own oppressive sufferings , without putting them to any cost or pains , ( though also , none or few of them had more just cause to complain ; though he is more certain of the reality of his own oppressions , then of all theirs , and though the common grievances may thereby be more illustrated , then by many of their sufferings . ) they , nevertheless , not considering ( as usually they do in their own cases ) that egomet mihi proximus , do grudge this remonstrant the mentioning his personal wrongs ; and ( as if they who suffered most , had least right to complain ) misconster his insisting upon his own oppressions , as not comely in their judgement , or else , as likely to make his arguments the less effectual on their behalf ; which want of prudence , justice and charity , he cannot well approve of ; and therefore desires them to be more thankful to their friends , lest they discourage every man from apologizing for them , when they cannot , or dare not speak for themselves . though this remonstrant intends well to all , he hath no such ill meaning to himself , as in the prosecution of the common interest , sottishly to neglect his own well being , when it is therewith involved . he might have inserted much more in relation both to the puhlick interest , and to his own , but he confesseth he hath omitted in prudence , not a few arguments of more strength then any yet alleadged ; because , he knows they may at this time , be more mischievous to him , then available to that cause for which he pleadeth ; and that it would have been rather madness then discretion , to produce them out of season . that , which he hath offered to consideration , is expressed with a good conscience toward god , his prince , his countrey , and to each individual person therein : and he desires no otherwise to prosper in this world , then as he is an enemy to no mans person , whatsoever his judgement be , but only to his errours and vices ; and as he unfeignedly desires rather their conversion , then their impoverishment , shame and confusion . he doth but hereby endeavour , ( as he hath often done heretofore ) to discharge the office of a remembrancer to these nations , & in barking like a true english mastive , when he thinks his masters house or flocks are endangered by thieves or wolves ; and therefore , though his name be herein already aenigmatically inscribed , and was thought by him at first , to have been a sufficient attestation hereof : he doth now upon more deliberation , openly subscribe what he hath remonstrated with this name george wither . a brief advertisement , not unreasonably hazzarded . this remonstrant , being desirous that the honour and well-being both of the king and people , may be preserved by a timely supply of all their necessities ; and hearing since the conclusion of this remonstrance , that his majestie hath present use of a very great summ of money , an expedient , came suddenly into thought , whereby in his judgement , he may not only be supplyed , but thereby prevent also a great mischief which is already felt , and whereof we shall every day grow more and more sensible , by that diligence which is now practised to draw a considerable part of the kingdoms treasure into private hands . for , the ecclesiasticks , by being repossessed of about an hundred forty and two thousand pounds per annum , ( as this remonstraant is credibly informed ) by impropriations , now well near all out of lease , besides parsonages and vicaridges , with other vast revenues lately so much improved , that their annual worth is greatly enlarged , have already raised so many hundred thousands of pounds by fines and rents , that it hath exhausted the treasure of this kingdom out of the peoples purses , into their secret hoords ; even so much , that there is not sufficient for men to follow their trades and callings , pay taxes , and sustain their families , without great penury : and the said ecclesiasticks , ( as it is famed also ) are so suspitious of the securities of these times , and ( perhaps , justly so fearful lest the king and his council , or the king and the next parliament , may take their uselesness , avarice and ambition , into such serious consideration ) that , to provide for what may possibly succeed , they will either hide their money in the earth , where much of it may be quite lost ; or else keep it so close , that little of it will be employed , for advance of traffick & negotiations betwixt man and man , & trade thereby obstructed , much more then at present ; especially , by that time they have fleeced every sheep within their jurisdictions . therefore , the king and his council , ( upon a view taken of what they have received ) may if they need it for publick-uses , get speedy supply of money , ( as legally as they repossess those lands ) by requiring a benevolence from all the prelates , now enriched to excess , meerly by the kings favour ; and who , being ( for the most part ) old men , with one foot and a half in the grave ( and some of them childless ) shall not only have more left then is necessary ; yea , much more ( though nothing be left them but their yearly rents ) then either their predecessors had , or then they will deserve , as now they are constituted : but , by this means also , much money which is , or which probably would else be hoorded up , to the publick dammage , will be dispersed to the advance of trading , and to the employing of many thousands , who now want bread for their families , because there is not wherewith to set them on work : or else , ( which will be a far better expedient , if the king were so pleased ) he may be supplyed more to his honour , by the purchasers of the said prelates lands , if by his favour they were thereto enabled , as they might justly be : for , this remonstrant is perswaded , if they might have their bargains and sales confirmed by parliament , with his royal assent , they would contribute a more bountiful supply then the prelates ; and would be possessors and occupiers of those estates for the future , more to the glory of god , more for his , with the publick honour and welfare , and more for the lawful benefit and advantage of private persons : and , this remonstrant can not forbear openly to profess , that he thinks in his conscience , the prelates are neither consistent with an orthodox christian discipline , nor with the lawful interests of king or people : and , that he wonders at the madness of this generation , seeing so many thousands within their knowledge undone by trusting to the bargains , sales and securities of their parliaments , which were thought the best security in the world ; that , they will now adventure their money upon so slender a security , as the hand and seal only , of old doting men , who are tenants but for life , ( perhaps , but during pleasure ) without a general warranty , by some good collateral security . but , let those adventrous contractors do as they please ; the remonstrant having played the fool himself in trusting to such securities , hath no reason to grudge other men the liberty to buy wit with their own money ; and though in charity , he would prevent their dammage , yet , knowing he shall never be able to make such men wiser by examples or counsel , until they have as well paid for it as he hath done , he will scrible no more to that purpose ; but conclude all with this prayer , god bless the king and people , and encline those who can better vindicate the publick faith of this nation , to contribute their endeavours in due season . finis . though this authors writings have been contemned , and disgracefully termed scriblings by some ; yet , because by them the constitution of the generation wherin he liveth , may be partly known ; very many have importuned him , to publish a catalogue of those poems and discourses which have been heretofore by him composed and imprinted , together with those which are not yet published ; that , they who are desirous to collect them for their private use , may know by what names to enquire for them . therefore to fulfill their desire , the said author hath here set down the titles of so many of them as he remembers at this time , ( not in order as they were written , but as they came to mind ) whereby , if any of those manuscripts which were lost when his house was plundred , or by other casualities , shall be brought again to his hand , he will be very thankful to the bringer , and give him a copy thereof , if he desire it , or what other satisfaction he shall reasonably demand . those books which were composed in his minority , and may therefore be called his juvenilia , are these . . iter hibernicum , or , his irish voyage . verse . . iter boreale , a northern journey . ver. . patricks purgatory . ver. . philaretes complaint . ver. these four last mentioned were lost in manuscript . . fidelia . ver. . eglogs . ver. . an epithalamium . . a funeral elegie on p. h. . abuses stript and whipt ; two books . . the shepherds hunting . . the shepherds pipe , composed joyntly by him and mr. w. brown . . the scourge . . the mistress of philarete . these books following were composed when he was of riper years . . withers motto , ( videl. ) nec habeo , nec careo , nec curo . . an apology to the lords of the council , in justification of the reproof of vices in his poems . . a satyre to the king . . a treatise of antient hieroglyphicks , with their various significations ; a manuscr . lost . . emblems , in folio . . a preparation to the psalter , in folio . . exercises on the first psalm , in prose and ver. . exercises on the nine psalms next following , in pro . and ver. all lost . . a metricall translation of davids psalms . . a translation of nemesius , de natura hominis . pro . . a metricall translation of the canonical hymns and songs . . three books , of hymns and spiritual songs , for several occasions . . the scholars purgatory . pro . . the pursuit of happiness , being a character of the extravagancy of the authors affections and passions in his youth . prose , not printed . . riddles , songs and epigrams ; not printed . . a discourse concerning the plantations of ulster in ireland , with preconjectures of what consequents would probably ensue . pro . . the dutchess . ver. not printed . . domestick devotions . pro . not printed . . another funeral elegie : not printed . . a tract of usury , wherein , that lending for increase , which is forbidden in scripture , is distinguished from that which is lawful : not printed . . meditations upon the x. commandments , with sculptures . ver. , familiar epistles . prose , lost . . the authors confession of his faith , both in fundamentals , and in relation to most points controverted by men of several judgements in religion : not printed . . a precatory meditation and soliloquy with god , on the behalf of his children and their posterity , if they have any : not printed . a discourse to a friend , touching the consolations in close imprisonment : not printed . . britains remembrancer . these that follow , were written since the beginning of the long parliament . . campomusae . ver. . vox pacifica . ver. . vaticinium poeticum . ver. . caveat emptor . pro . . se defendendo . pro . . justiciarius justificatus . pro . . letter of advice touching chusing members of parliament . pro . . mercurius rusticus . pro . . britains genius . . a petition and narrative to the parliament . pro . . opobalsamum anglicanum . ver. . carmen expostulatorum . ver. . a single si quis . ver. . carmen terrarium semicynicum . ver . a thankful retribution . ver. . the tired petitioner . ver. . what peace to the wicked ? ver. . the speech without door . pro . . withers disclaimer . pro . . the dark lantern and perpetual parliament . ver. . boni ominis votum . ver. . know thy self . ver. . the true state of the cause betwixt the king and parliament . pro . mis-laid or lost . . the delinquents purgation . pro . . west-row revived . ver. . the sinners confession . ver. . a cordial confection , &c. pro . . verses to the individual members of parliament . . epistolium-vagum-prosau●metricum . . furor poeticus . ver. . a suddain flash . ver. . salt upon salt . ver. . amigdala britannica , or , almonds for parrets . ver. . the british appeal . ver. . there grains of frankincense . ver. . the protector . ver. . carmen eucharisticon , or a private oblation , &c. ver. . speculum speculativum , or a considering-glass . ver. . fides anglicana , or a plea for the publick faith of these nations . . a declaration in the person of oliver cromwell , given into his own hand , and tending to the settling of such a government as he never intended . pro . . a private address to the said oliver , in prose and verse , offering things pertinent to his consideration , into his hand sealed up . . another address for the third day of sept. . given to his own hands likewise . . another address given to r. cromwells own hands . neither of these four last-mentioned were imprinted ; for they were private remembrances both of their duties and failings ; with forewarnings of what is since come to pass . these and some other scriblings , whose titles this author cannot now remember , are here set down , not for ostentation , but to satisfie the requests of his friends . by these it may appear , how ( for about . years together ) he hath employed himself , and that though he be none of the wisest , and hath failed in many other things , he hath been alwayes well affected to his country ; and so desirous to be serviceable to his generation , that perhaps he hath not merited to be thereby totally destroyed , though to god he hath been an unprofitable servant . be it considered that some of these books were composed in his unripe age ; some , when wiser men then he erred ; and that in regard there is in all of them , somewhat savouring of a natural spirit , and somewhat dictated by a better spirit then his own , it will concern every man to try the spirits , and to adhere to that only which is agreeable to the touch stone of truth , which is left us by the father of spirits ; to be the test of all mens writings . the third part of a seasonable, legal, and historical vindication of the good old fundamental liberties, franchises, rights, laws, government of all english freemen; with a chronological collection of their strenuous defenses, by wars, and otherwise: of all great parliamentary councills, synods, and chief laws, charters, proceedings in them; of the publike revolutions of state, with the sins and vices occasioning them; and the exemplary judgements of god upon tyrants, oppressors, perjured perfidious traitors, rebels, regicides, usurpers, during the reigns o [sic] four saxon and danish kings, from the year of our lord . till the coronation of william the norman, anno . collected out of our antientest, and best historians, with brief usefull observations on and from them. / by william prynne esq; a bencher of lincolns inne. seasonable, legall, and historicall vindication and chronologicall collection of the good, old, fundamentall, liberties, franchises, rights, laws of all english freemen. part prynne, william, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing p thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) the third part of a seasonable, legal, and historical vindication of the good old fundamental liberties, franchises, rights, laws, government of all english freemen; with a chronological collection of their strenuous defenses, by wars, and otherwise: of all great parliamentary councills, synods, and chief laws, charters, proceedings in them; of the publike revolutions of state, with the sins and vices occasioning them; and the exemplary judgements of god upon tyrants, oppressors, perjured perfidious traitors, rebels, regicides, usurpers, during the reigns o [sic] four saxon and danish kings, from the year of our lord . till the coronation of william the norman, anno . collected out of our antientest, and best historians, with brief usefull observations on and from them. / by william prynne esq; a bencher of lincolns inne. seasonable, legall, and historicall vindication and chronologicall collection of the good, old, fundamentall, liberties, franchises, rights, laws of all english freemen. part prynne, william, - . [ ], , - , - , - , [ ] p. printed by francis leach., london, : . text continuous despite pagination. with a final errata leaf. annotation on thomason copy: "march"; the in imprint date has been crossed out and date altered to . reproduction of the original in the british library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng great britain -- constitutional history -- early works to . great britain -- politics and government -- - -- early works to . - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - john latta sampled and proofread - john latta text and markup reviewed and edited - pfs batch review (qc) and xml conversion the third part of a seasonable , legal , and historical vindication of the good old fundamental liberties , franchises , rights , properties , laws , government of all english freemen ; with a chronological collection of their strenuous defences , by wars , and otherwise : of all great parliamentary councills , synods , and chief laws , charters , proceedings in them ; of the publike revolutions of state , with the sins and vices occasioning them ; and the exemplary judgements of god upon tyrants , oppressors , perjured perfidious traitors , rebels , regicides , usurpers , during the reigns of our saxon and danish kings , from the year of our lord . till the coronation of william the norman , anno . collected out of our antientest , and best historians , with brief usefull observations on and from them . by william prynne esq a bencher of lincolns inne . jer. . . &c. shalt thou reign because thou closest thy self in cedar ? did not thy father eat and drink , and do judgement and justice , and then it was well with him ? but thine eyes and thine heart are not but for thy covetousness , and for to shed innocent blood , and for oppression , and for violence to do it . therefore thus saith the lord concerning j●hoiakim king of judah ; they shall not lament for him , saying , ah my brother , or ah his glory . he shall be buried with the burial of an asse , drawn and cast forth beyond the gates of jerusalem . write ye this man childless , for noman of his seed shall prosper sitting on the throne of david , and ruling any more in judah . xenophon memorabilium , l. . p. . quid autem vis & legum eversio ? an non cum fortior imbecilliorem non persuadendo , sed vim inferendo cogit ? ergo quaecunque tyrannus non persuasis civibus praescribit , atque ut illi faciant , cogit , aliena sunt a lege . quaecunque verò pauci , multitudine non persuasa , sed rerum potentes scribunt , illa omnia videntur vis potius esse quam lex . london , printed by francis leach . . to the ingenuous unprejudiced reader . i here present thee with the third part of a seasonable , legal , and historical vindication of the good old fundamental liberties , franchises , rights , properties , laws , government of all english freemen ; with a chronological collection of their strenuous defences by wars , and otherwise ; of all the great parliamentary councils , synods , chief laws , charters , and other proceedings , in them ; the great fatal publick revolutions , invasions , wars , national sinnes , occasioning them ; and the exemplary judgements of god upon tyrants , oppressors , perjured persons , rebells , traytors , regicides , usurpers , under our saxon and danish kings , since the year of christ . till the coronation of king william the norman , anno . with some short observations of mine own here and there subjoined , for the readers benefit , and instruction . a work neither unseasonable for , nor unsutable , unserviceable to our present times , worthy the serious perusal of all who profess themselvs trons of the publique fundamental , rights , liber-paties , laws , properties , government of the english nation : or studious of our old parliamentary councils acts , laws , charters proceedings or of our english history . from which intelligent wise christian readers , by observing the providences , judgements , proceedings of god towards our ancestors , and others , for their national , personal crying bloody sins in former ages , may probably conjecture what tragical judgements , events , our whole nation in general , many transcendent delinquents in particular , have now just cause to fear and expect , for their exorbitant iniquities , ( equalling or exceeding any in those former ages ) unless their speedy , real , sincere repentance , reformation , and gods infinite mercy , ward them off . true it is , that the infallible certainty of future contingent judgements , and events , national or personal , are a known only to god himself , b who changeth the times , seasons , removeth kings , and setteth up kings ; pulleth down one and setteth up another : roots up , pulls down , destroyes , builds , plants nations , kingdomes , cities , families , persons , at his pleasure ; doing whatsoever pleaseth him , both in heaven , earth , the sea , all deep places , and amongst all the inhabitants of the earth ; and none can stay his hands , nor say unto him , what dost thou ? yet notwithstanding wise intelligent christians by a serious trutination , and comparing of the judgements of god , expresly threatned against , and usually inflicted upon nations or persons , for such and such transgressions , in precedent generations ; c may probably conjecture & predict , what severe exemplary punishments our late present transcendent wickednesses , & outragious crimes , are like to draw down upon our impenitent , secure perjured sinfull nation , and the hairy scalps of all those grand offenders , who go on still in their exorbitant trespasses , though they deem themselves d advanced above the reach of any powers or tribunalls which may pull them down , and execute justice on them , answerable to their bloody crimes , and violences , there e being an higher than the highest , who is both able and resolved , to execute vengeance on them in his due season , as well as on all notorious grand offenders in former ages , though never so many , if their repentance prevent it not . it was davids profession to god ( though a victorious king , general , and man of war ) f my flesh trembleth for fear of thee , and i am afraid of thy judgements . o that this were the present temper of our secure nation , and all the sinners , warriours , and grandees in it , in this fearless stupid age ; wherein though g we commit wickedness with both hands , h our tongues & doings are against the lord , to provoke the eyes of his glory : and we all proclaim our sins like sodome , and hide them not , i yet gods judgements are far above out of our sight , and we all say in our hearts ( like those secure atheists mentioned in the psalmist ) we shall never be moved , we shall never be in adversity : god hath forgotten , he hideth his face , he will never see nor require it : yea , notwithstanding all gods threats , curses against , his late severe punishments of our national , personal sins : k we blesse our selves , and say in our hearts , we shall have peace , though we walk in the imaginations of own hearts , to add drunkennesse to thirst : quite forgetting what follows thereupon , the lord will not spare such men , but the anger of the lord , and his jealously shall smoke against them , and all the curses that are written in his book shall lie upon them , & the lord shall blot out their names from lunder heaven . let therefore the contemplation of the national , personal judgements of god upon our ancestors here recorded , for those crimes of w ch we are now as deeply guilty as they were then , awaken us from our present let hargy , lest we be l sodainly destroyed , and that without remedy ; and teach us all this gospel lesson , rom. . , . be not high minded but fear : for if god spared not the naturall branches ( heretofore , or of late ) take heed lest he also spare not thee . * rumor de v●teri faciet futura timeri . the fourth section of the third chapter ( which begins this third part ) should have been printed with the second part , as a branch thereof , above two years since , but that the stationer then kept it back for fear it should swell that part overbigg for his present sal● ; whereby th● bulk of this third part , is now augm●nted beyond its first intended proportion ; which all readers may do well to binde up with the two former parts , to which it hath special relation , more particularly to the ten propositions in the first part , to which the proposition figures in the margin refer . the most of that large tract ( of . years space ) i have here chronologically run through , was spent either in bloody intestine wars between our saxon kings themselves , or the welsh buitons , warring upon and against each other : or else in defensive wars both by land and sea , against the invading , bloody , p●●●dening danes , norwegians , scots , normans , and other foreign nations . during which military seasons religion , devotion , piety , law , iustice , parliamentary councills , synods , and just government , are usually cast a side , and quite trampled under foot ; yet it is very observabl● ( for the perpetual honour of our kingdom and kings ) that , as during the reign of our antient british kings , ( before the saxon race here seated , our kingdome of brittain produced m lucius the first christian king , helena the first christian queen , and constantine the great , her son , the first christian emperour in the world , who publickly imbraced , professed , countenanced , propagated the faith and gospel of iesus christ , and abolished pagan idolatry in their dominions : and of later times as our english realm brought forth n king henry the th , the first christian king in the world , who by acts of parliament , abolished the popes usurped power and jurisdiction out of his dominions ; king edward the sixth his son , the first christian king , and queen elizabeth the first christian queen we read of in the world ; who totally abolished , suppressed popery , banished it their kingdoms , and established the publike profession of the protestant religion , by publike statutes made in their parliaments : so during the reigns of our saxon kings , after they turned christians , this realm of england procreated o more devout , holy , pious , just and righteous kings , eminent for their piety , justice , excellent ecclesiastical and civil laws , transcendent bounty to the church , clergy , and martyrdom for the defence of religion , and their country against pagan invaders , than any one kingdom throughout the world. there being p no less then or of our saxon kings , and queens within years space , who out of piety , devotion , and contempt of the world ( according to the piety of that age , ●ut of date in this ) voluntarily renounced their earthly crowns , and kingdoms , and became professed monks , nuns , to obtain an incorruptible crown and kingdom in heaven ; & kings crowned with martyrdom , being slain by pagan invaders , of them being canonized for transcendent saints , and enrolled for such in all martyrologies , liturgies of the church ; which i doubt few of our new republican saints will he : yea the piety of our kings in that age was generally so surpassing , ut mirum tunc fuerat regem non sanctum videre , as q john capgrave informs us . whence wernerus ( a forein chronologer ) in his fasciculus temporum , records ; plures se invenisse sanctos reges in anglia , quam in alia mundi provincia quantumcunque populosa . and r abbot ailred long before him , gives this memorable testimony of the sanctity , martyrdom , justice and study of the peoples publike we al before the private , shining forth in our saxon kings , more than in any other kings throughout the world . verum prae cunctis civitatibus regnisve terrarum , de sanctitate regum suorum anglia gloriatur : quorum alii coronati martyrio , de terreno ad caeleste regnum migraverunt : alii exilium patriae praeferentes , mori pro christo peregre deligerunt ; nonnulli posito diademate , disciplicinis se monasticis subdederunt : quidam in justitia et sanctitate regnantes , prodesse subditis quam praeesse maluerunt ( whose footsteps i wish the pretending self-denying antimonarchical domineering saints over us would now imitate ) inter quos istud sydus eximium , gloriosus rex edwardus , emicuit , quem cernimus & in divitiis egenum , & in deliciis sobrium , in purpura humilem , & sub corona aurea se●uli contemptorem : so as the prophesies of psal . , , . isay . , , , . c. . , . c. , . c. , , , . c. . . seem to be principally intended and verified of our kings & isle above all others in the world . no wonder then that these ages of theirs afford us ( not withstanding all the wars , tumults , combustions therein ) sundry memorable presidents of great parliamentary councils , synods , civil and ecclesiastical excellent laws and canons made in , & royal charters confirmed by them , with divers memorable mouuments both of our parliamentary councils , kings , princes , nobles , peoples constant care , diligence , prudence , fortitude , in defending , preserving , vindicating , and perpetuating to posterity the good old laws , liberties , franchises , rights , customs , government , publike justice and propriety of the nation ; to suppress , abolish all ill law , tyrannical , unjust proceedings , oppressions , exactions , imposts , grievances , taxes , repugnant thereunto ; & to advance religion , pi●ty , learning , the free course of iustice , and the peoples welfare . which i have here in a chronological method ( for the most part ) faithfully collected out of our antientest best historians and antiquaries of all sorts ; where they ly confused , scattered , and many of them being almost quite buried in oblivion , and so far forgotten , that they were never so much as once remembred , or insisted on , either in our late parliaments and great courts of iustice , in any late publike arguments or debates , touching the violation or preservation of the fundamental laws , liberties , properties , rights , franchises of the nation , now almost quite forgotten , and trampled under foot , after all our late contests for their defence . i have throughout these collections strictly confined my self to the very words and expressions of those historians i cite , coupling their relations together where they accord in one , citing them severally where they vary , and could not aptly be conjoyned , transcribing their most pertinent passages in the language they penned them ( omitted by our vulgar english chronologers ) and annexing some brief observations to them for explanation or information , where there is occasion . the whole undertaking i here humbly submit to the favourable acceptation and censure of every judicious reader ; who if upon his perusal thereof , shall esteem it worthy of such an encomium , as ſ william thorne ( a monk of canterbury ) hath by way of prologue praefixed to his own chronicle ; valens labor & laude dignus , per quem ignota noscuntur , occulta ad noticiam patescunt ; praeterita in lucem , praesentia in experientiam , & futura temporibus non omittantur ; & quia labilis est humana memoria , necesse constat scriptis inseri memoranda , ne humanae fragilitatis contingens oblivio , fieret posteris inopinata confusio . it will somewhat incourage me to proceed from these remote , obscure times , to ages next ensuing , in the like , or some other chronological method . but if any out of disaffection to the work , or diversity from me in opinion , shall deem these collections useless or superfluous , i hope they will give me leave to make the selfsame apology for my self and them , as our most judidicus historian ( t ) william of malmesbury long since made for himself and his historical collections . et quidem erunt multi fortassis in diversis regionibus angliae , qui quaedam aliter ac ego dixi , se dicant audisse vel legisse . veruntamen si recto aguntur judicio , non ideo me censorio expungent stilo . ego enim veram legem secutus historiae , nihil unquam po●ui , nisi quod à sidelibus relatoribus , vel scriptoribus addidici . porro , quoquo modo haec se habeant , privatim ipse mihi sub ope christi gratulor , quod continuam anglorum historiam ordinaveram , vel solus , vel primus , ( at least wise in this kind ) si quis igitur post me scribendi de talibus munus attentaverit , mihi debeat collectionis gratiam , sibi habeat electionis materiam . quod superest , munus meum dignanter suscipite , ut gaudeam grato cognitoris arbitrio , qui non erravi eligendi judicio . thus craving the benefit of thy prayers for gods blessing on these my publications , for the common liberty , weale and benefit of the nation , i commend both them and thee to gods tuition and benediction . william prynne . lincolns inne december . . a seasonable , legal and historical vindication of the good old fundamental liberties , rights and laws of england . chapter . section . comprehending a brief collection of all the most observable parliamentary councils , synods , conventions , publique contests , debates , wars , historical proceedings , passages , records , relating to the fundamental liberties , franchises , rights , customs , and government of the people under our english saxon kings , from the year of our lord , till the death of king edmund ironside , and reign of cnute the danish king , anno dom. . with some brief observations on and from the same . in the former section i have presented you with a general brief account of our first english saxon christian kings limited power and prerogative , being obliged to govern their english-saxon subjects , not arbitrarily , but justly , according to their known laws , and totally disabled , to alter , repeal any old , or enact any new laws ; to impose any publique taxes , tallages , imposts , customs whatsoever , on their people , upon any real or pretended necessity ; to make any war , peace ; or to alienate the lands or ancient revenues of their crowns , to any pious , publique or private uses whatsoever , without the common consent of their nobles and wisemen in general parliamentary councils ; together with a summary of the laws of ethelbert , the first christian saxon king , wholly pretermitting the names , acts , kingdoms , of our first pagan saxon usurpers , rather than lawfull kings : who , though many and great in their generations , were very speedily brought to nothing their * kingdoms begun , erected by blood , conquest , and meer power of the sword , standing not long unshaken by civil wars among themselves , each king envying his equals greatness , and seeking to inlarge his own dominions upon the next . in which combustions few or none of them came to the grave in due time , but were either slain in war , or treacherously murdered in peace , or expelled their realms by , or forced to resign their crowns to others , after all their former prosperous successes and reigns wholly spent in wars , troubles , seditions , rebellions , rapines , affording nothing worthy memory for their peoples good , the kingdoms settlement , or imitation of posterity . whence henry huntindon in the close of the book of his histories , p. , hath this observation concerning them , very seasonable for our present times ; vide igitur lector , & perpende , quanta nomina quam cito ad nihilum devenerint ; attende quaeso & stude , cum nihil hic duret , ut adquiras tibi regnum , & substantiamillam , quae non deficiet , nomen illud & honorem qui non pertransibit , monimentum illud & claritatem quae nullis saeculis veterascet . hoc praemeditare , summae prudentiae est , acquirere summae caliditatis , adipisci summae faelicitatis . i shall now in this section proceed in my intended chonological method , to their next succeeding christian saxon kings reigns in england , till the reign of king cnute the dane , anno domini , . it is recorded of aethelbert a the first christian saxon king of kent , that keeping the feast of our saviours nativity at canterbury , with his queen , eadbald his son , arch-bishop augustine , and the nobles of the land ; he there held a parliamantary council with them , on the . of january , in the year of our lord . which thomas sprot thus expresseth ( in the language of his age rather than of that ) convocato ibidem communi concilio tam cleri quam populi , dic quinto januarii , he did then and there , omnium & singulorum approbatione , & consensu , as he relates ; or cum consensu venerabilis archie ●iscopi augustini ac principum meorum , & cum aedbaldi filii mei , aliorumque nobilium optimatum meorum consilio , as his charters recite , give , grant and confirm to the church of st. peter and paul in canterbury for ever , sundry lands , pretious utensils , privileges and immunities by his charters , made and ratified in this council . in which ( it is most probable ) he likewise made those judicial decrees and laws , with the advice of his wise men , for the benefit of his people in his own country saxon language , which our venerable b beda , c william of malmesbury , d huntindon , e bromton , and f others mention only in the general , and bishop g enulph hath registred to posterity in his famous manuscript , intituled textus roffensis , of which i have given you some account before . section . p. , , . on which you may reflect . in the year of christ h paulinus perswading edwin king of northumberland to become a christian , to avod eternal torments , and to be made a partaker of the kongdom of heaven ; the king answered , that he was both willing , and ought to receive the faith which he taught , but he ought first to confer with his friends , princes , and counsellors concerning it , that so , if they concurred in judgement with him , they might all be baptized together . assembling therefore his wisemen , and advising with them , he demanded severally of them all , what that doctrine , which they never heard of till then , and that new worship of god which was preached by paulinus , seemed to them ? to whom coyfi the chief of the priests presently answered : do thou consider , o king , what that religion is which is now preached to us ; i profess unto thee , that which i have most certainly learned , that the religion we have hitherto imbraced , hath no virtue at all in it ; whereupon it remains , that if those new things which are now preached unto us , shall appear to thee upon examination , to be better and stronger than our religion , let us hasten to embrace them without any delay . to whose wise perswasions and words , another of the kings nobles giving his assent , spake something concerning the brevity and incertainty of this life , and of their ignorance and incertainty of that life which is to come , concluding , that if this new doctrine brought any thing to them more certain , than that they formerly imbraced , it ought to be deservedly followed : the rest of the elders and kings counsellors prosecuting the like things , by divine admoni●ion , coyfi added ; that he desired to hear paulinus preaching concerning god , more diligently than before ; which when he had done , by the kings command ; he cryed out ( having heard his preaching ) i heretofore understood , that what we worshipped was nothing , because by how much the more diligently i sought the truth in that worship , the less i found it . but now i openly professe , that in this preaching , the truth shines forth , which is able to give unto us the gifts of eternal life , salvation , and happiness ; whereupon , o king , i advise thee , that the temples , and altars we have consecrated without any fruit or benefit , we should now presently execrate and burn . upon this , without more debate , the king openly gave his assent to the preaching of paulinus , & renouncing idolatry , confessed that he did imbrace the faith of christ. and when the king demanded of coyfi his priest , who ought first to prophane and destroy the altars & temples of the idols , with the rails & and bounds wherewith they were inclosed ? he answered , i , who have worshipped them through foolishness . and presently renouncing his superstition , he demanded arms and an horse of the king , ( * which by their old law priests might no● use : ) which being granted him , he mounted the horse , with a sword and lance in his hand , and riding to the idols thus armed ( the people deeming him to be mad ) prophaned the temple , and commanded his companions to destroy and burn it , with the idols , and all the hedges about it , which they did . whereupon the king , with his nobles , and very many of the people , embraced the christian religion , and were baptized by paulinus , in the church of st. peter at york ; ( which the king there speedily commanded to be built of wood , and afterwards enlarged ) ordaining paulinus bishop of that place , who converted , baptized him and his people ; as beda and others more largely record the history . from which memorable president we may observe these particulars . . that the king himself could not then alter the established laws or received religion of this realm , though falfe ; nor introduce new laws , or set up the true religion , without the concurrent assent of his nobles and wisemen in a general parliamentary council . that the princes , chief priests , nobles , an● aeldermen of the realm , were the parliament members in that age. . that every one of them in these councils had freedom of vote and debate ; and gave their voices severally , for the bringing in of christianity , and destruction of idolatry . i william of malmesbury gives this character of this kings government , after he became a christian , and of the vicissitude of humane affairs , worthy our present observation , he being suddenly slain in battle , together with his son , after all his former conquests and felicity . nullus tunc praedo publicus , nullus latro domesticus , insidiator conjugalis pudoris procul ; expilator alienae haereditatis exul : magnum id in ejus laudibus , & nostra aetate splendidum . itaque imperii sui , ad eos limites incrementa perducta sunt , ut justitia & pax libentèr in mutuos amplexus concurrerent osculorum , gratiam grata vicissitudine libantes ; & faeliciter tunc anglorum respublica procedere potuisset , nisi mors immatura , temporalis be atitudinis noverca , turpi fortunae ludo , virum abstulislet patriae . aetatis enim . regni . rebellantibus regulis , quos sub jugum miferat , ceadwalla britonum , & penda merciorum , cum filio interemptus , miserabile varietatis humanae fuit exemplum : nulli prudentiâ inferior , qui nè christianam fidem , nisi diligentissimè inspectatâ ra●ione , voluit suscipere , susceptaeque nihil existimare comparabile , anno k theodor archbishop of canterbury , held a great council at hertford ; presentibus episcopis angliae , ac regibus , & magnatibus universis ; the bishops of england , and kings ( to wit , king lotharius and easwine ) and all the nobles being present at it . in this council , they made ten canons or laws , which they all subscribed and ra●ified with their hands ; the th . whereof was , that a synod ( or parliamentary assembly ) should be assembled twice , or ( because divers causes hindred ) placuit omnibus in commune , they all agreed in common , that in the calends of august , in a place called cloveshoon , a synod should be congregated , at least once every year . the rest of them you may peruse in the marginal authors at leisure , being meerly ecclesiastical , and not so pertinent to my discourse . l ceadwalla king of the west-saxons , in the year of our lord . granted to bishop wilfrid certain lands , with their appurtenances , called pagaliam ; cum consensu & devotâ confirmatione omnium optimatum meorum ; with the consent and devout confirmation of all his nobles ( assembled in a parliamentary council ) the grant of his crown lands to him , being not valid to bind his successours without his nobles concurrent confirmation . m william of malmesbury writes of him ; that though before his conversion unto christianity , he addicted himself to wars , and to plunder and spoil his neighbouring kings ; yet he conscientiously dedicated the tenth of all his spoils to god. inter haec arduum memoratu est , quantum etiam ante baptismum inservierit pietati , ut omnes manubias quas jure praedatorio , in suos usus transcripserat , deo decimaret . in quo , et si approbamus , affectum , improbamus exemplum ; juxta illud ; qui offert sacrificium de substantia pauperis , quasi qui immolat filium in conspectu patris . if all the plundering , warring saints of this age would imitate his example , in giving the tenths of all their spoils and plunders to god & his ministers , instead of spoiling them of their tithes and antient church-revenues , men would deem them as good saints as this plundering conquering saxon king ; of whom it is likewise storied , that n before he turned christian , intending to invade the isle of wight , and unite it to his kingdom ; he vowed to give the th . part of the iland , and prey , to christ , if he should vanquish it : whereupon he conquering the isle , slew the natives in it , being pagans , with a tragical slaughter ; and in performance of his vow , gave to bishop wilfrid and his clerks ( for their maintenance and encouragement ) the possession of i - hides of land , being the fourth part thereof . when our new conquerours shall be so bountifull in bestowing the fourth ( or but the tenth ) part of all the pretended conquered lands they have gotten on christs church and ministers , instead of invading and purchasing the churches antient lands , glebes , tithes and inheritance , they may demerit the name and praise of saints , as well as ceadwalla ; who , before he came to the crown , as he was unjustly banished from his country , through the envy of others , only for his vertues and worthiness , which first caused him to take up armes and invade the south-saxons , two of whose kings he slew successively in the field , after which he twice invaded , and afflicted kent with grievous wars ( taking advantage of their civil discords ) wherein he shed abundance of christian blood : so when he had reigned but two years space , after all his victories , out of meer devotion , he voluntarily left his crown , kingdom , conquests , and went in pilgrimage to rome ( where he was baptized ) to be wail and expiate the guilt of all his former wars , bloodshed , plunders , rapines , perplexing his conscience , and there died . the first charter and grant i find extant of any lands given to the church , after those of ethelbert king of kent , forecited , is that of o king eadbaldus his son and successour , anno dom. , who being by gods mercy , through the admonition of archbishop lawrence converted from the pravity of his life , for the salvation of his soul , and hope of a future reward , gave to christ-church in canterbury , and to the family serving god in that church , his lands called edesham , with the fields , woods , pastures , and all things thereunto of right appertaining , free from all secular services , & fiscal tributes ; except these three ; expedition , building of castle and bridge . the next in time , is the p grant of lotharius king of kent , anno . of certain lands in the isle of thannet , to the monastery of raculph , free from all secular services , except these three , expedition , building of bridge and castle : to which i might annex these ensuing grants and charters , which i shall only name ; the grant of king egfrid , and his queen etheldrida , of hestodesham to bishop wilfrid , anno . the charter and grant of ceadwalla aforesaid , and kendritha his wife ( of plough-lands to archbishop theodor , and the family of christ-church in canterbury , free from all secular services , but those forementioned ) an. . of withrid king of kent , anno. , of king offa , an. . of king edmund , an. . of king kenewlfe , an. , , , . of king wilof , an. . of king athulfus , an. , , . of king ethelstan , an. , . of king edred , an. , , . of king egered , an. , . and of king cnute , an. dom. . to pretermit others of this kind . all which grants being for the most part , only of their own private lands gotten by purchase , or conquest , not of the lands , or demesnes of their crowns , passed by their own charters alone , without any confirmation or assent of their nobles in a parliamentary council , not mentioned at all in them . but no grants of any lands , rents or revenues of their crowns , to pious or other uses , were then either valid in law , or obligatory to their successors , without common consent and ratifications of their nobles in parliamentary councils , which for this reason is still mentioned in all their charters and donations of such lands and rents to pious uses . neither could they exempt those lands from any of these three forenamed publick charges ( for the common defence and benefit of their realms ) by their own royal charters alone , unless ratified by the nobles in their great councils . whereupon in all these forecited charters , and other grants of lands by particular persons , ratified by these kings , they exempted them only from all secular services , exceptis expeditione , pontis & arcis constructione , which they could not discharge them from , but by special grants in general parliamentary assemblies , as subsequent presidents will more fully demonstrate . q theodor archbishop of canterbury , anno . held a council at twyford , in the presence of egfrid king or northumberland , who going in person to st. cutbert ( when as he neither by letters nor messengers could be drawn out of his iland lindesfarne to the synod ) brought him to it much against his will : where ; by the command of all the synod , he was constrained to take upon him the office of a bishop : whereupon king egfrid by the advice of archbishop theodor , bishop trumwin , & totius concilii , and of the whole council , for the salvation of his and his successors souls , by his charter gave to st. cutbert and all his successors , the village called creic , and mile in circuit round about it , together with the city called lugabadia , and miles circuit round about it , to have to him and his successors , for the service of god for ever , as freely and quietly as he himself enjoyed them , and to dispose thereof at his pleasure ; which charter the arch-bishop and bishops present in the conncil , confirmed with their subscriptions . what other councils and synods were held under this arch-bishop theodor at hartford , clovesho , * heathfield , ( or hatfeild ) and what canons were made in them , for the confirmation of the christian faith , the first general councils , &c. you may read at leisure in gervasius , doroberniensis , matthew parker , and godwin in his life , where they are recorded ; and in matthew westminster , an. . chronicon johannis bromton , col. , , , . radul . de diceto abbreviationes chronic. col. . chronica wil. thorne , col . , henry huntindon , historiarum lib. . p. , spelmanni concilia , p. . beda ecclesiasticae historiae , l. . c. , , . mr. fox acts and monuments vol. . p. , . to which i shall refer you . about the year of christ . r ina king of the west-saxons , who succeeded ceadwalla , by the exhortation and advice of cenred his father , hedda and erkenwald his bishops , and of all his aldermen ( or senators ) and of all the elders and wisemen of his realm , in a great assembly of the servants of god , for the salvation of his peoples souls , and the common conservation of his realm , enacted sundry ecclesiastical and civil wholsom laws , that by them just judgements might be founded and established , throughout his dominions , and that from thenceforth it might be lawfull for no alderman , senator , or other person living within his realm , to abolish these his laws ; tending all to advance piety , justice , peace , and preserve his people from violence , rapine , oppression , and all punishments , taxes , fines , but such only as were imposed , ascertained by his laws and parliamentary councils , as you may read at large in the laws themselves , especially lex , , , , , , , , , , , . in the year s withred king of kent summoned brithwald archbishop of canterbury , toby bishop of rochester , with the other abbots , abbesses , priests , deacone , dukes and earls to a great council at beccanceld ( or baccanceld , as others , write it : ) where consulting all together concerning the state of the churches of god , within that realm , how they might establish and perpetuate to them to the end of the world , those lands and revenues which their pious kings and ancestors had granted and appropriated to god and his church , as their perpetual inheritance , without substraction or diminution , they thereupon enacted , decreed , and in the name of god almighty commanded , that all their successours , both kings and princes , with all other laymen whatsoever , should not invade the rights , lands or dominions of the churches , which they then confirmed ; nor presume to violate the privileges granted to them , and specially by king withreds charter , which they ratified in this council with all their subscriptions ; wherein he and they exempted churches from all secular services and tributes , but such as they should voluntarily and freely render without compulsion , which should not be drawn into custom to their prejudice ; witnesse this clause of the charter , and exemption then confirmed ; & ab omni debito vel pulsatione regalium tributorum , nisi suâ spontaneâ voluntate , ex largitate beneficiorum quid facere velint ; tamen hoc imposterum non servetur , nec habeatur in malam consuetudinem . the same t king withred , in the parliamentary council of berghamsteed , anno . by the advice and common consent of his bishops , and other ecclesiastical orders , cum viris quibusdam militaribus ; enacted sundry ecclesiastical and civil laws , to be added to the former laws and customs of kent : the first whereof is this , that the church shall be free , and enjoy her judgements , rents , and pensions . and u anno dom. . this king withred , unâ cum consensu principum meorum , together with the consent of his nobles and bishops ( who subscribed their names to his charter ) granted to the churches of god in kent . that they should be perpetually freed ab omni exactione publica tributi , atque dispendio vel laesione ; à praesenti die & tempore , &c. from all publick exaltion of tribute , and from all dammage and harm : rendring to him & his posterity , such honour and obedience as they had yeelded to the kings his antecessors ; under whom justice and liberty was kept towards them . about the year of our lord . x wilfrid archbishop of york being in a council unjustly deprived of his bishoprick by theodor archbishop of canterbury , who envied the greatness of his wealth , power , and diocess , which he would and did against wilfrids will , in that council divide into more bishopricks , was after that time exiled the realm , through the malice of egfrid king of nortbumberland , and emburga his queen , ( whom he would have perswaded to become a nun , and desert her husband , as some authors write , and others deny in his favour ) without any just and lawfull cause ; and after that about the year . being again deprived of his bishoprick and right by the judgement and sentence of another council held under aldrid king of northumberland , and bertuald archbishop of canterbury ; he thereupon made two successive appeals to rome against their two unjust sentences , as he conceived them : the first to pope agatho , and a council of bishops , held under him ; who decreed , he should be restored to his bishoprick and make such bishops under him ( by advice of a council to be held by him ) as he should deem meet ; with which decree against his first sentence , he returning from rome to king egfrid , to whom he delivered it , sealed with the popes seal ; the king upon sight and reading thereof , in the presence of some of his bishops , tantùm à reverentiâ romanae sedis abfuit , was so far from obeying this decree of the roman see , that he spoiled wilfrid of all his goods and possessions , and committed him prisoner to a barbarous and cruel governour ; who thrust him into a dark dungeon for many days ; and after that committed him to another more cruel gaoler than he , called tumber , who endeavoured to put him into fetters by the kings command ; which he could no ways fasten upon his legs , but they presently fell off again , through a miracle . whereupon wickedness giving place to religion , he was loosed from his bonds , detained in free custody , and afterwards released , but not restored . after which , about the year . he appealed again to pope john , against the proceedings of the second council , which refused to re-admit him to his archbishoprick , unless he would submit to the decrees of archbishop theodore , and brithwald his successor ; which he refused to do , unless they were such as were consonant to the decrees of the holy canons , which he conceived theirs not to be , because they would order him to condemn himself without any crime objected to him . upon which appeal , this pope , with his bishops , pronounced wilfrid , free from all crime , and ordered him to return to his a●chbishoprick ; writing letters to ethelred king of mercians , and alfrid king of northumberland to restore him thereunto . alfrid receiving the popes letters by wilfrids messengers , altogether refused to obey the popes commands in this case ; saying , quod esset contra rationem , homini jam bis à toto anglorum concilio damnato , propter quaelibet apostolica scripta communicare : that it was against reason , to communicate with a man already twice condemned by the whole council of the english nation for any writings of the pope ( so little were the popes authoritie and decrees then regarded in england , contradicting the kings and english councils proceedings ) neither would he restore him all his life . after his death edulfe usurping the crown by tyranny , wilfrid repaired to him to restore him to his archbishoprick , upon this account of the popes letters ; whereupon he was so inraged with him for it , though formerly his great friend , that he presently commanded him to depart the realm forthwith , unless he would be spoiled of all his goods , and cast out of it with disgrace . but this usuper being deprived both of his realm , crown , and life , in little more than months space , and osred son of king alfrid , being restored to the crown by the nobles , as right heir thereunto ; at last wilfrid was re-invested in his bishoprick by the decree of a council held under him in northumberland , at a place called nidden , an. . not so much in obedience to the popes command , as king alfrids , attested by elfleda his sister , then abbess of streneshash ; witness these words of berfride , ego jussionibus papae obediendum censeo , praesertim cum eorum robori , accedat regis nostri jussio & nostrae necessitatis sponsio , &c. puer in regem levatus , hostis abactus , tyrannus extinctus ; est igitur regiae voluntatis ut episcopus wilfridus revestiatur . upon which he was accordingly restored : whereupon all the bishops embraced him , and reconciled themselves to him . this bishop wilfrid procured to the church of hagustald , which he founded , and was bishop thereof , many privileges , and that for one miles circuit round about , none should be arrested going or coming , but injoy inviolable peace . quod institutum authoritate & privilegiis romanae sedis apostolicorum , & archiepiscoporum , & episcoporum , & regum & principum tam scotiae quam angliae confirmatum est . quod si aliquis y temerarius infringere audebit , & magnae pecuniae damno obnoxius erit , & perpetuo anathematis gladio ab ecclesiâ seperabitur ; as richard prior of hagustald records . anno domini z egwin bishop of worcester , procured king kenred and offa by their charters , to grant and confirm many lands and privileges to the abbey of evesham ; which pope constantine likewise ratified by his subscription at rome , as well as these kings , in the presence of many archbishops , bishops , princes and nobles of divers provinces , who commended and approved their charters and liberality . in pursuance whereof , pope constantine writ a letter to brithwald archbishop of canterbury , to summon concilium totius angliae , a council of all england , to wit , of the kings , bishops , religious persons of holy orders , optimatesque regni cum proceribus suis , with the nobles and great men of the realm ; who being all assembled together in the name of the lord ; the archbishop should in their presence , read the charters of these kings and the popes confirmation of them , that they might be confirmed by the favour and assent of the clergy and the people , and consecrated with their benediction . whereupon king kenred and offa , after their return from rome , assembled a general council in a place called alne , where both the archbishops brithwald and wilfrid , with the rest of the bishops , nobles , and these two kings were present : wherein , donationes omnes confirmatae sunt , all these their donations and charters were confirmed ; and likewise in another synod at london , an. . a most pregnant evidence , that these kings charters and donations , though ratified by the pope himself , were not valid nor obligatory to their successors or people , without their common consent to , and confirmation of them in a general parliamentary council of the prelates , nobles , clergy and laity , even by the popes and these kings own confessions and practice in that age . in the year of our lord . a ethelbald king of mercians , by his charter gave to god , the blessed virgin , saint bartholomew & kenulphus , the whole isle of croyland , to build a monastery ; and confirmed it to them for ever , free from all rent and secular services ; & inde chartam suam in praesentia episcoporum , procerumque regni sui securam statuit ; all his bishops and nobles of his realm assenting to , and ratifying this charter of his , both with the subscriptions of their names , and sign of the cross , as well as the king ; that so it might be firm and irrevocable , being his demesne lands , which charter is at large recorded in the history of ingulphus . about the year of christ . b some ( fabulously ) write , that king ina took guala daughter of cadwallader , last king of the britons to wife , with whom he received wales and cornwal , and the blessed crown of britain . whereupon , all the english that then were , took them wives of the britons race , and all the britons took them wives of the illustrious blood of the english and saxons , which was done , per commune concilium et assensum omnium episcoporum ac principum , procerum , comitum , et omnium sapientum , seniorum , et populorum totius regni , ( a●●embled together in a 〈◊〉 parliamentary council ) et per praeceptum regis inae ; whereby they became one nation and peopl● . af●er which , they all called that , the realm of england , which before was called , the realm of britain , and they all ever after stood together , united in one , for common profit of the crown of the realm , and with a unanimous consent most fiercely fought against the danes and norwegians , and waged most cruel wars with them , for the preservation of their country , lands and liberties . an. . king c ina by his royal charter , granted and confirmed many lands to the abbey of glastonbury , endowing that abbey and the lands thereto belonging , with many large and great privileges , exempting them from all episcopal jurisdiction , and from all regal exactions and services , which are accustomed to be excepted and reserved ; to wit , from expedition and building and repairing of castles or bridges ; from which they should inviolably remain free and exempted , and from all the promulgations and perturbations of arch-bishops and bishops : which privileges were formerly granted and confirmed by the ancient charters of his predecessors kenewalcus , kentwin , ceadwalla and baldred . this charter of his was made and ratified by the consent and subscription , not only of king ina himself ; but also of queen edelburga , king baldred ad●lard , the queens brother , consentientibus etiam omnibus britanniae regibus , archiepiscopis , episcopis , ducibus , atgue abbatibus , all the kings , archbisho●s , bishops , dukes , and abbots of britain , consenting likewise thereunto ; many of which subscribed their names unto it , being assembled in a parliamentary council for that end . king d ina , in the year . travelling to rome , built there a school , for the english to be instructed in the faith ; granting towards the maintenance of the english scholars there , a penny out of every house within his realm , called romescot , or peterpence ; to be paid towards it every year . all which things and tax ; that they might continue firm for perpetuity , statutum est genera●l decreco , &c. were confirmed by a general decree of a parliamentary council of his realm ; then held for that purpose ; of which e before more largely . in the year of our lord . there was f a great parliamentary council held at clovesho ( or clyffe ) where ethelbald king of mercia sate president , with cuthbert archbishop of canterbury ; the rest of the bishops sitting together with them , diligently examined things necessary concerning religion , and studiously searched out of the antient creeds and institutions of the holy fathers , how things were ordered according to the rule of equity in the beginning of the churches birth in england ; whiles they were inquiring after these things , and the antient privileges of the church , at last there came to their hands , the liberty and privileges which king withred had granted to the chu●ches in kent : which being read before all , by king ethelbalds command ; they were all very well pleased therewith , and said unanimously , that there could not be found any so noble and so prudent a decree as this , formerly made , touching ecclesiastical discipline ; and therefore , hoc ab omnibus firmari sanxerunt , decreed that it should be confirmed by them all . whereupon king ethelbald for the salvation of his soul and stability of his kingdom , confirmed and subscribed with his own munificent hand , that the liberty , honour , authority , and security of christs church in all things , should be denied by no person , but that it should be free from all secular services , with all the lands pertaining thereunto , except expedition and building of bridge and castle . and like as the said king withred himself ordained , those privileges should be observed by him and his , so he and this council commanded , they shall continue irrefragably and immutably in all things . and if any of our successors , kings , bishops , or princes shall attempt to infringe this wholsom decree , let him render an account to almighty god in that terrible day ; but if any earl , priests , clerk , deacon or monk shall resist this decree , let him be deprived of his degree , and sequestred from the participation of the body & blood of the lord and alienated from the kingdom of god , unless he shall amend with due satisfaction , what he hath unjustly done , through the evil of pride . g anno . there was another parliamentary council held at clovesho , or clyffe , under king ethelbald , where the king himself , with cumbert , archbishop of canterbury , eleven other bishops , cum principibus et dutibus , with the princes and dukes , were present . in this council were some ecclesiastical laws and canons made , the last whereof was , for prayers to be publikely made for kings and princes incessantly ; that the people might live a godly and peaceable life under their pious protection . in this council king ethelbald renewed and enlarged his former grant of privileges to the churches , recited at large in the marginal authors , the sum whereof is this , plerumque contingere solet , pro incertâ futurotum temporum vicissitudine , ut ea quae prius multorum fidelium personarum testimonio consilioque roborata fuissent , ut fraudulenter per contumaciam plurimorum & machinamentis simulationis , sine ullâ consideratione rationis , periculose dissipata essent , nisi auctoritate literarum , & testimonio cyrographorum aeternae memoriae inserta sint . quapropter ego ethelbaldus rex merciorum , pro amore caelestis patriae , hanc donation em me vivente concedo ; ut omnia monasteria & ecclesiae regni mei , a publicis vectigalibus , & ab omnibus operibus , oneribusque absolvantur , nisi in instructionibus arcium vel pontium , quae nulli unquam possint laxari , ( as ingulph . renders it , or as other copies ; ' nisi sola quae communiter fruenda sint , omnique populo edicto regis , facienda jubentur , id . est , instructionibus pontium , vel necessariis defensionibus arcium contra ●ostes , non sunt renuenda● ) sed nec hoc praetermittendum est , cum necessarium constat ecclesiis dei. praeterea habeant famuli dei propriam libertatem in proficuis sylvarum , in fructu agrorum , in captura piscium ; nec munuscula praebeant regi , vel principibus , nisi voluntaria , sed liberi domino serviant , in contemplatione pacificâ , per totum regnum meum usque in aevum . sed cunctas rribulationes quae nocere vel impedire possint in domo dei , omnibus principibus sub meâ potestate degentibus , demittere & auferre praecipio ; quatenus sublimitas regni mei prosperis successibus polleat in terris , & meritorum manipuli multipliciter maturescant in coelis . qui vero haec benigna mentis intentione atque in-laesâ cogitatione custodierit , aeternâ claritate coronetur , ornetur , glorificetur ; si quis hoc , quod absit , cujuslibet personae tyrannica cupiditate instinctus , contrà hanc donationis chartulam saeculari potentiâ fretus venire nititur , sit sub anathemate judae proditoris domini nostri jesu christi . ad confirmandum verò hoc nostrae beneficentiae munus , hi testes adfuerunt , & nostri magistrarus , optimates , et duces , fidelissimique amici concesserunt et scripserunt : then follow the subscriptions of the king , bishops and nobles , with , ego his statutis consentiens subscripsi , confirmandoque signum crucis aravi . in this h council , amongst other synodal decrees subscribed by the bishops , it was decreed , that the feasts of st. gregory the pope , and st. augustine the english apostle , should be perpetually observed with greatest solemnity , king ethelbald , with his nobles , being there present , and approving it . in the year of grace . cuthred king of the west-saxons being unable to endure the proud exactions and insolencies of king ethelbald , for vindica●ion of his own and his peoples liberty from his oppressions , raised an army , and fought a bloody battel with him at beorford ; where through gods assistance ( who giveth grace to the humble , and resisteth the proud ) he routed him and his whole army , and after , an. . slew him in a second battel ( he disdaining to fly ) by the treachery of bernred , his captain , the chief author of his death . king i cuthred deceasing , sigibert his kinsman who succeeded him , growing insolent and proud by his predecessors great successes , became intollerable to his subjects , treating them very ill in every kind , depraving or altering the laws of his ancestors , for his own private lucre , and exercising exactions and cruelties upon his subjects , setting aside all laws . whereupon his faithfull counsellor earl cumbra , ovingly admonishing him to govern his people more mildly and justly , that so he might become amiable to god and men ; he was so incensed with him , that he commanded him most wickedly to be stain , and became more cruel and tyrannical to his people than before . the peers and commons hereupon seeing their laws and liberties thus violated , and their estates and lives every day in danger , being incensed into fury , assembling themselves together , did all unamimously rise up in arms against him and upon mature prudent deliberation , by the unanimous consent of all , expelled him the kingdom for his tyranny and mis-government . upon which sigebert flying into the woods for shelter , like a forlorn person , was there slain by cumbra his swine-herd , in revenge of his masters murder . florentius wigorniensis relates , that after his expulsion from the realm by the noble● , for the multitude of his unjust deeds ; kenulphus allotted him the county of hampshire for his maintenance , until he slew earl cumbra ( such was the charity and humanity of those times , even to an expelled , deposed tyrannical king , now quite out of date ) with whom ethelwerdus , hist . l. . c. . and polychronicon , l. . c. . accord . some of our historians ( especially ethelwerdus and wigorniensis ) relate ; that kenulphus usurped the crown by meer force of arms , first drawing the nobles and people to rise up against , and expell sigebert for his exorbitant actions , and the multi●ude of his unjust deeds , and then usurping the throne , being not of the blood royal ( as malmesbury relates ) though of a noble family : but they all l unanimously record , that he came to a miserable end upon this occasion . when he had reigned years with honour and good success , being puffed up therewith , and fearing lest kineardus ( sigiberts brother ) who began to be potent , should revenge his brothers death upon him , and dispossess him or his posterity of the crown , he banished and compelled him to depart his kingdom . who thereupon giving way to the time , voluntarily fled out of his dominions . but soon after secretly drawing together ( through private conventicles ) a band of desperate men , he found an opportunity to fall upon kenulphus , when he went with a few followers to visit his paramore at merton , where he besetting the house round , slew the king , with all his followers . the fame of which act coming to his nobles and souldiers not far from the place , they upon exhortation of esric , the chiefest of them , not to let pass the death of their lord unrevenged , to their notorious and perpetual infamy , furiously encountred keneardus and his complices , and notwithstanding all their fair promises of mony , & preferments to them , and all intreaties , after a sharp bloody incounter , put them all to the sword , with the loss of some of their own lives . ecce quomodo dei iustitia , non solum futuro saeculo , verum etiam in isto , digna meritis manifesto judicio recompensat , &c. add henry huntindon , roger hoveden , john bromton , malmesbury , and others , as a corollary to this history of sigibert ; and kenulphus . which all traitors , tyrants and usurpers treading in their exorbitant footsteps , may do well advisedly to consider . in the year of our lord . m the people of the realm of mercia rising up against their king bernred , because he governed them not by just laws , but by tyranny ; assembled all together in one , as well noble as ignoble ; and offa being their captain , they expelled him out of the kingdom , and then , by the unanimous consent of all , as well clergy as people , they crowned offa king. this bernred , ( as malmesbury , speed , and simeon dunelmensis write ) treacherously murthered king ethelbald his soveraign , whose general he was , and thereupon usurping his throne , and turning a tyrant , ( as most usurpers do ) was in the very first year of his usurped reign , expelled the realm , and soon after slain by offa ; and so dignum finem insidiarum tulit , being author necis of his sovereign , king ethelbald , à suis tutoribus fraudulentèr interfectus , as our historians observe . a good memento for other traitors and usurpers treading in his footsteps ; qui regnum tyrannus invasit , & per modicum tempus in parvâ laeritiâ & jocunditate tenens , regnum cum vitâ perdidit , as wigorniensis writes of him . the n english complaining to king offa , in the year . of the great exactions in forein parts under charls the emperour , they being then at variance , so as their trading and merchandize was every where prohibited in both their realms , thereupon king offa , by gifts sent to the emperour , obtained this grant and privilege from him for his subjects . that all pilgrims passing through his dominions to rome for piety and devotion sake alone , should have free and peaceable passage without any molestation or tribute . that all merchants and others in the company of pilgrims passing only for gain , not devotion , should pay only a certain established tribute in fitting places . that all english merchants and traders should have lawfull protection , by his command , within his realm , and if in any place they were vexed with unjust oppression , that upon complaint to him or his judges , they should have full justice done unto them . in the year . aeth●●red , or adelred , king of northumberland , was deposed by his subjects after he had reigned years , and quite driven out of his realm by his nobles ; who the next year after assaulted and burnt a certain consull ( or earl ) being their justice in his own house , plus aequo saevientem , for tyrannizing beyond the bounds of law and right . i shall not insist upon the manifold insurrections of these northumberlanders against their kings , nor their disloyal depositions , expulsions , murders of most of them , upon pretended oppressions and exorbitancies in government , rather than ●eal : nor on the strange , general , bloody , frequent depredations , wars , devastations , plagues , judgements , invasions by danes , normans , scots , and others , inflicted justly on them for the same by divine justice , more than on all other parts of this iland , since i have touched some of them p before , and shall glance at more of them hereafter ; all which the studious may read at leisure , in maslmesbury , huntindon , hoveden , aethelwerdus , matthew westminster , bromton , florentius wigorniensis , simeon dunelmensis , radulphus de diceto , polychronicon , holinshed , speed , and others : only i shall give you the sum of them about this age in the words of simeon dunelmensis , and richardus hagulstaldensis q crudelis exinde barbarorum manus innumeris navibus in angliam transvecta , omnia quaqua versum depopulans , northunhymbrorum autem provincias atrocius devastans , omnes ecclesias , omnia monasteria ferro , & incendio delevit , adeo ut nullum pene christianitatis signum post se discedens reliquerit . monachi qui loci reverentia confidentes remanserunt de ecclesiâ extracti , alii in mare sub hostibus submersi , alii captivi abducti , alii detruncati , alii aliis tormentis miserabiliter affecti , omnes simul interiêrunt . et indè prosiliens flammâ et ferro , in exterminium omnia duxit , &c. after which sad successive devastations for sundry years by the danes , they were so totally depopulated , and extirpated by famine , sword , and pestilence by the normans , an. . that the whole country was reduced into a desolate wilderness , without an inhabitant , and lay untilled for nine years space ; bestiarum tantum & latronum latibula ; being only dens of beasts and theeves . and how many times it hath been wasted , depopulated with fire and sword since this , by the scots , and what barbarous cruelties they have exercised therein , you may read in the continuation of simeon dunelmensis by the prior of hagustald , col . . in historia ricardi prioris hagustaldensis de gestis regis stephani & bello standardi , col . , . and other chronicles since that time . the lord in mercy divert the like judgements from that northern part , and the whole kingdom now , for the like transgressions of a later date . in the year of christ . ( as most account ) r pope adrian sent legates into england , to confirm the faith which augustine had preached : who being honourably received both by the kings , clergy , and people : thereupon held a great parliamentary council at calchut , chalchuthe , or cealtide ( as henry huntindon stiles it . ) in this council offa king of mercians , and kenulphus king of west-saxons , with all their ecclesiastical and secular princes , nobles , elders , bishops , abbots , were present ; who all subscribed and consented to the ecclesiaestical and temporal laws and canons therein made and published , being in number ; the principle whereof relating to my theam , i have formerly recited . in this parliamentary council king offa caused egfrid his eldest son , to be solemnly crowned king , who from thenceforth reigned with him , and in it jambertus ( or lambert ) archbishop of canterbury , much against his will , resigned part of his arch-bishoprick to the arch-bishop of litchfield , by the command and power of king offa ; who envying the power and pride of the archbishop of canterb. deprived him in this council ( notwithstanding all jamberts appeals to pope adrian ) of all lands and jurisdiction within his realm of mercia , erecting a new arch-bishoprick at litchfield , to which he subjected all the bishops of mercia , ( being then six in number ) ill by another council they were reunited of canterbuny , after the decease of offa. s about the year . ( there being some difference amongst historians in the year ) there was a great council held at ade , and after that ano●her council kept at wincenhale or pincanhale in northumberland , now called finkely . sir henry spelman conceives , that these councils were principally summoned to prevent the incursions of the d●nes , who in the year . came into britain with ships ; to discover the coasts and prey upon it , slew king bricticus his provost , and after that many thousand thousands of the english at sundry times . after this there was another parliamentary council or synod held at aclea , or aclith , ; at which time duke sigga by wicked treason slew his sovereign alfwold , king of northumberland , and was , not long afterwards , slain himself by the danes , ( who miserably wasted and destroyed that rebellious kingdom of northumberland with fire and sword ) as a condigu punishment for their treasons , rebellions and regicides of their kings . t anno . there was a council held at a place called fincale , where the archbishop with his suffragan bishops , and many others were present : what the occasion of it was , appears not : only our historians relate , that osred king of northumberland , was this year chased out of his kingdom by his rebellious subjects , when he had reigned but one year , and ethelred , son of mollo substituted king in his place . whereupon osred gathering forces together to expel ethelred , which had expulsed him out of his realm , was in his march into it again taken prisoner and slain by this usurper at tymmouth . upon occasion of which insurrections and wars , i conceive this council was most probably summoned . soon after this usurping regicide ethelred , was slain himself , even by those seditious subjects who expelled and slew osred , to advance him to the throne . the common fate of bloody usurpers , especially in this kingdom of northumberland , as our historians observe . u king offa , in the year . called a provincial parliamentary council , where archbishop humbert , and his suffragans , with all the primates and nobles were present ; wherein he treated with them about founding the monastery of st. albane , the first martyr , in the place where his corps was found ; endowing it with lands and privileges . placuit omnibus regis propositum . whereupon they concluded , the king should go to rome in person , and procure from the pope the canonization of st. albane , and a confirmation of privileges to the abbey he intended to build . he repairing to rome accordingly , the pope commending his devotion , gave him his full as●ent , both to found a monastery , and endow it with all such privileges as he desired : enjoyning him , that returning to his country , ex consilio episcoporum , & optimatum suorum , by advice of his bishops and nobles , he should confer to the monastery of st. albane , what possessions or privileges he would ; which he should grant or confirm to it by his special charter first , and afterwards he would confirm his original with his privilege and bull. the king hereupon receiving the popes benediction , returned home , and held two great councils for the setling of the lands , privileges and liberties of st. albanes : the one at celcyth , where were present , kings , bishops , and dukes ( as john stow relates in his chronicle ) who all subscribed and ratified his charter of lands and privileges granted to st. albane . the other council was held at verolam , which matthew westminster thus expresseth . congregato apud verolamium episcoporum & optimatum concilio , unanimi omnium consensu & voluntate , beato , albano amplas contulit terras , & possessiones innumeras , quas multiplici libertatum privilegio insignivit . monachorum vero conventum ex domibus bene religiosis ad tumbam martyris congregavit , & abbatem eis nomine willegodum praefecit , cui cum ipso monasterio , jura regalia concessit . this king then reigning over shires , at the same time ( by the unanimous assent of the bishops and nobles ) ( z ) gave out of all those counties to the english school at rome , peter-pence , in english called romescot . yet he privileged the church of st. albane with so great liberty , that this church alone should be quit of the apostolical custom and tribute called romescot , when as neither the king nor archbishop , nor any bishop , abbot , or prior , or any other in the realm was exempted frow this payment . and likewise granted , that the church of st. albane should faithfully collect the said romescot , from all the county of hertford , wherein the said church is situated , and receive the money collected to that churches own use . and that the abbot thereof , or a monk constituted his archdeacon under him , should exercise episcopal authority over all the priests & laymen within the possessions belonging to the abbey , and that he should make subjection to no archbishop , bishop , or legate , but only to the pope himself . so as that church hath omnia jura regalia ; and the abbot thereof for the time being ; pontificalia ornamenta . and that by the great charter of this king then made , with the unanimous consent of all his bishops and nobles in this great council . what lands he gave to the monastery of st. augustines and christ-church in canterbury , and the archbishops there , you may read at large in the chronicles of william thorne , col . . and evidentiae ecclesiae christi cantuariensis , col . , . y king offa deceasing an. . his son egfrid , so soon as he was settled in his fathers kingdom , imitating the pious footsteps of his father , devoutly conferred many lands and possessions on the church of st. albanes , and confirmed them by his charter and privilege ; with all those other lands , privileges and royal liberties which his father had conferred on the said church , to enjoy them in the freest manner . et ejus donatio , ut perpetuae firmitatis robur obtineret , juxta morem romanae ecclesiae , omnium episcoporum comitum et baronum totius imperii sui ( ●ssembled in a general council of the realm ) subscriptionem , & signum crucis apposuit , causing all his blshops , earls , and barons of his whole realm to subscribe and ratifie his charter and donation with the sign of the cross , after the manner of the roman church , that it might be of perpetual force and validity . moreover declining his fathers covetousness in all things , whatever he for the exaltation of his kingdom , had diminished out of the possessions of divers monasteries , he , out of a pious devotion , restored and confirmed with his privilege ( or charter ) to all who desired it . this pious king egfrid , ( as our historians observe ) and let others note it who gain their kingdoms , powers , possessions by bloodshed and treason ( was taken away by sudden death on the day after his fathers decease ( which gave great cause of grief to all the people of his realm ) not for his own sins , which is not to be supposed ; but because his father ( pro regni sui confirmatione sanguinem 〈…〉 ●ffudit ) for the confirmation of his kingdom shed much blood . for ne z came to the crown by the slaughter of king bernred , forementioned ; deposed and slain by him for his usurpation , tyranny , and mis-government , then he invaded and slew with his own hand alrick king of kent , routed his forces , and reduced that kingdom under his own : after this , marching from south to north , even beyond humber , he made havock of all that stood in his way : whence returning in triumph , he set upon the west-saxons , and vanquished them , forced their king kenwolf to fly into wales to the britons for aid ; then en●red into wales , routed their king marmodius , for breaking his truce ; made a great slaughter of the britons & after ten years prosperous wars to conquer others , returned victoriously into his own territories . after his return thither , to compleat his bloody tragedies , ethelbert king of east-angles coming upon solemn invitation to his court in great state , to marry his daughter , was there treacherously murdered by his wife quendreda's solicitation and practice , with his privity and consent , who caused a deep pit to be digged in his bed chamber , under his chair of state , or bed , into which he falling was there treacherously murdered , and his head cut off by gaymbertus , who presented it all bloody to king offa ; who ( to colour the business ) seeming to be sorrowfull for this murder , shut himself up in his chamber , and there fasted days space , but then , sending a great army into the kingdom of this murtherea prince , seised on & united it to his own empire . but gods exemplary vengeance pursued this hainous bloody treachery ( notwithstanding all his feigned magnified saintship , and works of charity and piety ) for , within one year after this bloody fact committed , both queendreda , offa , and their son egfrid ( the only joy and pride of his parents ) all died , and his very kingdom it self was translated from the mercians to the west-saxons , whom he had conquered and oppressed . o that all men of blood , and unjust invaders of others crowns , realms , possessions by war , bloodshed and treachery , would seriously consider this president , with all others of this nature both at home and abroad , collected to their hands by sir walter raughly , in his excellent preface , before his famous history of the world. about the year of christ . a cynwolfe ( or kenulph ) king of west-saxons held a council , wherein he with his bishops , unacum caterva satraparum , and likewise with a great company of his nobles , there assembled , writ a letter to lullus bishop of mentz touching some matters of religion then in debate . in the b year . ( the third of king kenulph his proposit . , . reign ) there was a great parliamentary synod assemat anno. . pinchamhalch , wherein eanbaldus , or embaldus , archbishop of yorksate president , with very many wise and great men ; by whose wisdom and justice the kingdom of northumberland was then much advanced and renowned : who after they had debated many things concerning the benefit of holy church , and profit of all the provinces of the people of northumberland ; the observation of easter , and of divine and secular laws , the increase of gode service , and the honours and necessities of the servants of god , rehearsed and ratified the faith of the first general councils , concerning the trinity , in brief and pithy expressions , fit now to be revived in these times of heresie and blasphemy . the c same year , there was another great council held at bacancold , wherein kenulph king of mercians sate president , athelardus archbishop of canterbury , other bishops , sundry abbots , arch-deacons , and other fit persons being there likewise present ; wherein , by the command of pope leo , it was decreed ; that from thenceforth no laymen should exercise , dominion over the lords inheritance and churches ; but that they should be governed by holy canons , and the rules of their first founders and possessors , under pain of excommunication : and that christ-church in canterbury , should be restored to its antient metropolitan jurisdiction . which all the prelates and abbots confirmed with their subscriptions . and this year this king consecrated the church of winchelcumbe , endowing it with great gifts and possessions , in a kind of parliamentary assembly of bishops , and dukes , where he manumitted and set free at the high altar , edhert king of kent , surnamed pren , whom he had taken prisoner in battel . moreover eanbaldus archbishop of york , this year assembled a synod at fin●hale ; most likely for the assistance of eardulfus king of northumberland against duke wadus , and other conspirators , who rose up against him , whom he vanquished and utterly routed , after a long and bloody battle at bilingeho , where many were slain on both sides ; which history matthew westminster couples with this synod , an. . d king kenulph in the year . by the consent of his bishops and princes , at the request of athelardus archbishop of canterbury , restored to christ-church in canterbury , four parcels of land which king offa had formerly taken from it , and gave to his servants , free from all secular service and regal tribute : ratifying this restitution by his charter , signed with the cross , that it might remain inviolable by their concurrent assent . there was a provincial council held at clovesho ( or clyffe ) in the year of our lord . by kenulf king of e mercians , athelwerdus archbishop of canterbury , and all the bishops , dukes , abbots , & cujuscunque dignitatis viros , and men of all sorts of aignity ; where after some inquiry , how the catholique faith was kept , and christian religion practiced amongst them ? the lands which king offa and king kenulph had forcibly taken away from christ-church , with the nunnery of cotham , and the hides of land called burnam , were synodali judicio , by the judgement of the council , restored to christ-church . et omnium voce decretum est , and , it was decreed by the voice of all the council , upon sight of the books and deeds there produced before them by the archbishop , that it was just cotham should be restored to christ-church ( being given to it by king aethelbald , by his charter ) of which it had , for a long time unjustly been spoiled , notwithstanding the frequent complaints made by archbishop bregwin and iambert in every of their synods . in hoc concilio annuente ipso rege , athelardus recuper avit dignitates & possessiones quas offa rex merciorum abstuler at iamberto : writes gervasius . after which the archbishop in this council made this exchange with cynedritha , then abbess of cotham ; that she and her successors should enjoy all the lands , and nunnery of cotham , in lieu whereof she should give to him one hundred and ten hydes of land in kent , lying in fleot , tenaham , and creges , together with all the writings thereto belonging , which exchange was made before , confirmed and attested by this noble synod ; that so no controversie might arise between them , their heirs and successors , or king offa 's , in future times concerning the same , but that they might peaceably injoy them without interruption , for ever . and moreover the archbishop gave unto cynedrytha the monastery called pretanege , which king egfrid gave to him & his heirs . which proves the great counc●ls and synods in that age to be parliaments ; and that they judicially restored lands unjustly taken away by kings , upon complaint , examination and due proof made thereof , as well as inquired of errors and abuses in religion , in this councill conceive i● was , that f kenulph , with his bishops , dukes , et omni sub nostra ditione dignatis gradu , compi●ed and sent a letter to pope leo the third ; promising obedience to his commands ; requesting , that the ancient canons might be observed , and the jurisdiction and power of the see of canterbury ( which king osta and pope adrian had diminished and divided into two provinces or archbishopricks ) might be restored and united again thereto , to avoid scisms : and craving the popes answer to these their requests : which he returned in a special letter to the king , restoring to athelardus and his successors the bishopricks substracted from his province , with the metropolitan jurisdiction over them , as amply as before . g hereupon , in the year . or thereabouts , there was another parliamentary council assembled at clovesho ; wherein the archbishoprick of litchfield was dissolved , the see of canterbury restored to its former plenary metropolitical jurisdiction ( according to pope leo his decree ) by the advice and decree of the whole council : which commanded in the name of god ; that no kings , nor bishops , nor princes , neque ullius tyrannicae potestat is homines , should diminish the honour of the metropolitical see , or presume to divide it in any particle whatsoever , under pain of an anathema maranatha ; which decree the archbishop , with other bishops , subscribed and ratified with the sign of the cross ( as they formerly did in the council of bechanceld , an. . ) and in this council divers controversies concerning the lands , limits and jurisdictions of other bishops & bishopricks were likewise decided and setled ; as you may therein read at large . h eadburga daughter to king offa married brithric king of the west-saxons : proud of her parentage and match , she grew so ambitious , insolent , and tyrannical , that she became odious , not only to all the prelates , nobles , and courtiers , but to the people likewise . for being incited with malice and tyranny , she usually accused and execrated to the king all the nobles of the realm , ordinaries , bishops , and religious persons , and so overcame him by her flatteries , that those whom she began to accuse , aut vitâ aut regno privaret , she would either deprive of life , or banish them the realm ; and if she could not obtain this from the king against them , she accustomed to destroy them privily with poison . at last , an. . she preparing poison , to destroy a rich and noble favourite of the kings , whom he extra ordinarily lov'd ; so as she could not banish or destroy him by her false accusations ; the king casually drinking of the poison ( contrary to her intention ) as well as his favourite , they were both therewith suddenly poisoned and destroyed . wherewith this wicked woman being tetrified , fled with all her invaluable treasures beyond the seas to charles the great : who for her lasciviousness , in making choice of his son for her husband before himself , ( though much inamoured with her transcendent beauty ) thrust her into a monastery , where soon after , she abusing her body by uncleaness , in lying with a lewd man , was expelled thence , forced to beg her bread , and ended her days in extreme misery . a just judgement of god , both upon a tyrannical queen , and unrighteous king , seduced to banish and condemn his nobles and subjects unjustly by her solicitations . for this her most hainous crime the west-saxons ordained a law , to the grand prejudice of all their succeeding queens : that none of them should have either title , majesty , or place of royalty or queen : non enim west-saxones reginam , vel juxta regem sedere , vel reginae appellatione insigniri patiuntur , propter malitiram eadburgae , quae virum suum brithicum veneno perdidit , & juxta regem sedens , omnes regni nobiles accusare solebat , & quos accusare non potuit , potu eos venenifero necare consuevit . itaque pro reginae maleficio omnes conjuraverunt , quod nunquam se regnare permitterent , qui in praedictis culpabilis inveniretur : as william of malmesbury , asserius menevensis , matthew westminster , florentius wigorniensis , and others out of them relate , i there was a parliamentary synod , or council , held at celichith , in the year . at which , not only wulfred archbishop of canterbury , with all his suffragan bishops , but likewise kenulf king of mercians , with his princes , dukes , and nobles , and sundry abbots , priests , deacons , and other sacred orders were present , wherein they enacted constitutions , the th . whereof was this in substance . that the judgements and decrees of bishops made in synods should not be infringed , but remain firm and irrefragable , being ratified with the sign of the holy cross ( by the kings and nobles subscriptions ) unless perchance the king or princes deemed the subscriptions of their antecessors of no force , and feared not to reform , or cease from this error , which shall rest and bring a curse on them and their heirs . the th . that no bishops , abbots or abbesses shall alienate or part with the lands , writings and evidences of their churches and monasteries , which they are intrusted to keep , nisi rationabilis causa poposcit adjuvari , contra invasionem famis , & depraedationem exercitus , & ad libertatem obtinendam : which causes they reputed reasonable . in the year of our lord . there was a parliamentary council assembled at clovesho , wherein beornulph king of mercians sate president , at which wulfred archbishop of canterbury , with the rest of the bishops , abbots , omniumque dignitatum optimatibus , ecclesiasticarum scilicet & saecularium personarum , were present , debating things both concerning the benefit and regulation of the church , and defence and safety of the realm ( the proper subjects of our present english parliaments ) as these words import , utilitatem & necessitatem ecclesiarum , monasterialisque vitae regulam et observantiam , stabilitatem quoque regni pertractanter . in this parliamentary council , the proceedings in precedent councils , touching the complaints of the archbishops of canterbury , of the injuries done unto them , in taking away the lands of the church by their kings and officers , with the proceedings thereupon are at large recited , which i shall here transcribe , because generally unknown to most , and best difcovering the proceedings of our antient parliamentary councils in cases of this nature ; of any council i have met with in that age , and those which next proceeded , or succeeded it . all the said persons in the said council sitting down quietly together , it was inquired by them ; quomodo quis cum justitia sit tractatus , seu quis injustè sit spoliatus ? in what manner any one had been handled with justice ? or if any one had been unjustly spoiled ? whereupon , amids other things there acted and spoken , it was shewed , that archbishop wulfred by the mis-information , and enmity , and violence and avarice of king kenulph , had suffered many injuries , and was most unjustly deprived of his just dominations , as well by those things which were done unto him amongst us here in england , as by those things which were brought against him to the see apostolick , by the procurement of the foresaid king kenulph : by which accusations and discords , not only the fore-named archbishop , but also the whole english nation , for almost six years space , was deprived of its primordial authority , and of the ministry of sacred baptism . above all these things , the said king kenulph at a certain time with his council , coming to the city of london , appointed a day ( with great indignation ) wherein the archbishop should come unto him ▪ whither when he came , the king commanded , that relinquishing all his goods , he should speedily depart out of england , without hopes of returning any more , neither by the command of our lord the pope , neither by the intreaties of the emperour , nor of any other person , unless he would consent to his will , in demising to him a farm of hides of land , called leogenesham , and moreover would give to the said king one hundred and twenty pounds in money ; this reconciliation the said wulfred refusing , long contradicted ; and when the friends of the man of god , and nobles of the king , who loved him very much , perceived the rapacity and violence of the king , they importuned the archbishop , that he would consent to the kings will , upon this condition ; that the king should relinquish the difference which he had raised between the pope and archbishop , by his messengers , and should restore to the said father all the power and dignity which belonged to the said primates see , according to the authority which his predecessors most amply enjoyed in former time . but if the king could not do this , that he should then restore the mony and land , which he exacted of the arohbishop to him again . upon this condition therefore , the said reverend father gave his assent : but nothing of the aforesaid condition was performed : for three whole years after the said agreement , he remained deprived of the power which his predecessors and himself had before that difference over suthmenstre , as well in pasture , mony , vestments , as obedience , which belonged to the metrapolitical see. but after the death of king kenulf , when beornulf reigned ; the said archbishop wulfred invited abbess kenedrytha , heir and daughter of king kenulf , to the foresaid council ; whither when she came , the archbishop complained in the audience of all the council , of the injuries and troubles offered and done to him , and to christs church , by her father ; and required reparation from her , if it were just : then all the council found it to be iustice , et hoc unanimi consenm decrevit , and decreed it by a unanimous consent , that all those things which her father had taken away from the archbishop , she ought justly to restore unto him , and to give him so much again for reparation . and moreover should restore all the use ( or profit ) the foresaid father had lost in so long a space : which she humbly promised to do . it seemed good therefore to king beornulf , with his wisemen , for friendship sake , most diligently to make a reconciliation and amends for the said lands , between the heirs of king kenulf and thc archbishop ; and because this pleased the king , and he humbly intreated it ; out of love and friendship to the king the archbishop consented thereto ; for the heirs of the said king kenulf often desired to have the said father to be their patron and intercessor ; and they intreated him with humble devotion , that for a full reconciliation , he would receive in four places one hundred hides of land ; to wit herges , and herfording land , wamdelea , and gedding . then the archbishop for the love of god , and the amiable friendship of beornulf , consenred to this accord , upon this condition ; that the foresaid abbess should deliver to the said archbishop , the foresaid lands of one hundred hides , with the books which the english ●all landbor , and with the same liberty which he had before , for a perpetual inheritnace : whereupon king beornulf , with the testimony of the whole council , proclaimed it to be altogether free . but this agreement was not all this time ratified , because after these things , the promise remained unfulfilled for moneths : for three hides ( or tenements ) of the foresaid lands , were detained ; and the books of tenements ; to wit , the book of bockland , the book of wambelea , and also the book of herfocdingland , but in the year following she the said ahbess desired a conference with the foresaid archbishop , who at that time was in the country of the wicii , at a place called ostaveshlen , where he held a council : where , when she had found the man of god , she confessed her folly in delaying her former agreement : upon which the archbishop with great sweetness shewed ; that he was altogether free from the foresaid agreement , and that of her part there were many things wanting which she ought to have restored ; but she being brought before the councill , greatly blushing ; humbly promised , that she would restore all those things that were wanting , and with a willing mind restored to the archbishop the books of certain lands , which before she had not promised , with the lands ( adjudged to him , as sir henry spelmans margent supplies the defect ) in the same council . she likewise added thereto a farm of tenements in hevgam for his favour ; likewise she gave to the archbishop hide land ( or tenements ) in cumbe ; with a book of the said lands , that a firm and stable friendship and accord might remain between all the heirs of king kenul●f and the archbishop . to all which things the archbishop gave his consent , upon this condition , that the names of the aforesaid lands should be rased quite out of the ancient privileges which belong to wincelcumbe , lest in after times some controversie should be raised , de hoc quod synodali authoritate decretum est , et signo crucis firmatum : concerning this which was ended by authority of the council , and confirmed with the sign of the ctoss ▪ by this , and the precedent councils of clovesho , it is apdarent ; first , that the injustice , rapine , and oppression of our saxon kings themselves , was then examined and redressed in and by our parliamentary councils : ly . that tittles to lands , jurisdictions , privileges unjustly taken from the church and other men , by our kings , or other great persons and complaints touching the same , were usually heard , determined and redressed in the great parliamentary councils of that age , upon complaints made thereof , and that to and before the whole council , not to any private committees , not then in use . ly . that restitution , reparations and damages in such cases , were usually awarded in such parliamentary councils , not only against the kings & parties that did the wrong , but likewise against their heirs ; as here against abbess cenedritha , daugher and heir to king kenulph , after the decease of her father the tort feasor . ly . that the same cause and complaint was revived , continued , ended in succeeding , that rested undecided , and unrecompensed in former councils . ly . that agreements , exchanges , and judgements given upon complaints in parliamentary councils , were conclusive and final to the parties and their heirs . ly . that injuries done by the power of our kings or great men in one parliamentary council ( as in dividing the archbishoprick of canterbury , &c. ) were examined , & redressed by another subsequent council . ly . that parliamentary councils in that age , were very frequently held , at least once or twice a year ( if not interrupted by wars ) and that usually at clovesho , according to the l decree of the council of heartford under archbishop theodor , that the bishops once a year should assemble together in a council at clovesho ; as gervasius doroberniensis records ; there being councils there , and elsewhere , held in king beornulfs years reign . i find ( m ) another council held at clovesho , in the year the . of the calends of november , under beornulf king of mercians and wulfred archbishop of canterbury , where this king , which all his bishops and abbots , and all the princes , nobles , and many most wise men we●e assembled together . amongst other businesses debated therein , there was a sute between heabere bishop of worcester , and the nuns of berclea concerning the inheritance of aethelfrick son of aethelmund , to wit the monasterie called west-burgh , the lands whereof , with the books , the bishop then had , as aethelfrick had before commanded , that they should be restored to the church of worcester . this bishop , with mass priests , and other priests , deacons , monks and abbots ( whose names are recorded in the manuscript ) swore , that this land and monastery were impropriated to his possession and church ; which oath with all these fellow swearers , he was ordered to take at westminster , and did it accordingly , after nights respire . whereupon , it was ordained and decreed by the archbishop , & all the council consenting with him ; that the bishop should enjoy the monastery , lands , and books to him and his church ; and so that sute was ended , and this decree pronounced thereupon . quapropter , si quis hunc agrum ab illâ ecclesiâ in ceastre nititur evellere , contra decreta sanctorum canonum sciat se facere ; quia sancti canones decernunt , quicquid sancta synodus universalls cum catholico archiepiscopo suo adjudicaverit , nullo modo fractum vel irritum esse faciendum . haec autem gesta sunt . hi sunt testes & confirmatores , hujus rei , quorum nomina hic infrà notantur , à die tertio calend . novembrium . ego beornulf rex merciorum hanc chartulam synodalis decreti signo sanctae christi crucis confirmavi . then follows the archbishops subscription and confirmation in like words ; with the subscriptions of sundry bishops , abbots , dukes and nobles , being in number , all ratifying this decree . an. . n egbert , king of west-saxons , athelwulfe his son , witlasius king of mercians , both the archbishops , abbots , cum proceribus majoribus totius angliae , with the greatest nobles of all england , were all assembled together at london ( in a national parliamentary council ) pro consilio capiendo contra danicos piratas littora angliae assidne infestantes : to take counsel what to do against the danish pirates , dayly infesting the sea-coasts of england . in this council the charter of witlasius king of mercians , to the abbey of croyland ( where he was hid and secured from his enemies ) was made and ratified ; wherein he granted them many rich gifts of plate , gold , silver , land , and the privilege of a sanctuary , for all offenders flying to it for shelter ; which grant could not be valid without a parliamentary confirmation ; for he being elected king , omnium consensu , after the slaughters of bernulf and ludican ( two invading tyrants cut off in a short time ; qui contra fas purpuram induerent , & regno vehementet oppresso , totam militiam ejus , quae quondam plurima extiterat , & victoriosissima , sua imprudentia perdiderant , as ingulphus writes ) was enforced to hold his kingdom from egbert king of west-sax●ns under a tribute . and thereupon conferring divers lands by his charter to this abbey for ever , to be held of him , his heirs and successors , kings of mercia , in perpetual and pure frankalmoigne , quietae & solutae ab omnibus oneribus secularibus , exactionibus , & vectigalibus universis quocunque nomine censeantur . that his grant might be sound and valid , he was necessitated to have it confirmed in this parliamentary council , by the consent of king egbert and his son and of all the bishops , abbots . et proceribus majoribus angliae , and the greater nobles of england there present ; most of them subscribing and ratifying this charter with the sign of the cross , and their names . about the year of grace . there was a parliamentary council held at o kingston , in which egbert king of the west-saxons , and his son aethelwulfe , ceolnoth archbishop of canterbury , with the rest of the bishops and nobles of england were present . amongst many things there acted and spoken , archbishop ceolnoth shewed before the whole council , that the foresaid kings egbert and aerhelwulfe had given to christchurch , the mannor called malinges in sussex , free from all secular service and regal tributes , excepting only these three , expedition , building of bridge and castle : which foresaid mannor and lands king baldred gave to christchurch ; sed quia ille rex cunctis principibus non placuit , noluerunt donum ejus permanere ratum ; but because this king pleased not all his nobles , they would not that this his gift should continue firm : ( to which sir henry spelman adds this marginal note , rex non potuit distrahere patrimonium regni , sine assensu procerum ) wherefore the foresaid kings ( in this parliamentary council , with their nobles assent ) at the request of the said archbishop , regranted and confirmed it to christchurch ; with this anathema annexed against the infringers of this grant , if any shall presume to violate it , on the behalf of god , and of us kings , bishops , abbots , and all christians , let him be separated from god , and let his portion be with the devil and his angols . o polydor virgil , records , that king athelwulfe , in the year . going in pilgrimage to rome , repaired the english school ( there lately burned down ) and in imitation of king ina , made that part of his kingdom which eghert his father had added , tributary towards it ; legeque sancibit , and enacted by a law ( made in a parliamentary council ) that those who received pence rent every year out of their possessions , or had more houses , should pay for those houses they inhabited , every of them a penny a peece to the pope ( for the maintenance of this school ) at the feast of peter and paul , or at least of st. peters bonds ; which law some ( writes he ) though falsely , ascribr to his son alfred ; which act others refer to the years , or , and that more truly . p abbot ingulphus in his hist . of the abby of croyland , records ; that bertulf usurping the crown , by the treacherous murder of his cosen st. westan ( tantâ ferebatur ad regnandum ambitione ) passing by the abbey of croyland , most wiskedly and violently took away all the jewels , plate and ornaments of the church , which his brother withlasius and other kings had given to it ; together with all the mony he could find in the monastery ; and hiring souldiers therewith against the danes , then wasting the country about london , he was vanquished and put to flight by the pagans ; whereupon this king soon after , holding a great council at benningdon , an. . with the prelates and nobles of his whole realm of mercia there assembled ( about the danes invasions , how to raise forces and monies to resist them , as is most probable by our historians . ) abbot siward , and the monks of croyland therein complained before them all , by askillus their fellow monk , of certain injuries malitiously done unto them by their adversaries , who lying in wait in the uttermost banks of their rivers , did seise upon their servants ( being such as fled thither for sanctuary ) in case at any time they went out of their precincts never so little way ( either to fish , or bring back their stragling sheep , oxen , or other cattle ) as infringers of their sanctuary , and subjected them to the publick laws , to their condemnation and destruction ; to the great dammage of the abbey , by the loss of their service ; of which complaint , the king and all the council being very sensible , and desirous to provide for the peace and quiet of the abbey , and to declate and enlarge their privileges ; the king thereupon commanded radbott sheriff of lincoln , and the rest of his officers in those parts , to go round about , describe and set forth the bounds of their i sle of croyland , and of the marishes thereunto belonging , and faithfully and clearly to demonstrate them to him and his council , wherever they should be , the last day of easter next ensuing ; who fulfilling his command , openly presented an exact description of their boundaries to the king and his council , ( which bounds are recited at large in ingulphus , ) keeping their easter at kingsbury . anno . whereupon the king in this parliamentary council at kingsbury , in hebdomada pascha , pro regni negotiis congregati ; in recompensationem tamen aliquam pecuniae direptae ; to make some kind of recompence of the mony he had formerly taken from the abbey , by the common council of his whole realm , by his charter made and ratified in this council ( wherein he makes this recital touching this money , as if they had freely lent it to him in his necessities ; though the historian relates , he took it away by force : gratias debit as vobis omnibus dignissimè reddo pro pecuniâ quâ me per vos dudum praetere untem , in me â maximâ indigentiâ contra paganorum violentiam gratissimo & liberalissimo animo defovistis ) granted unto them , that the bounds of their sanctuary and liberties should extend foot in breadth beyond the farthest banks of their grounds compassing their iland ; and foot from the water it self ; where ever their fugitive servants should ascend , to draw their nets , or do their other necessary businesses ; and that this sanctuary for fugitives should extend to all the marishes where they had common for their cattle ; and that if their cattel through tempest , thefe , or other misfortune , strayed beyond these limits into the fields adjoyning , their fugitive servants might pursue and fetch them back thence , without any seisure or danger ; sub mutilatione membri magis dilecti , si quis i●●ud privilegium meum in aliquo temerè violaret . after which , he confirmed all the lands and privileges formerly granted to this abbey , by kings , earls , or other persons , particularly recited in this charter ; which was made & granted by the common consent , sent and advice of this whole parl. council , & of the bishops and nobles of the realm , as these clauses in the charter abundantly attest . cum communi concilio totius regni mei concedo . consentientibus omnibus praelatis & proceribus me is concedo ; cum communi concilio , gratuitoque consensu omnium magnatum regni mei concedo ; complacuit unanimiter mihi , ac universo concilio vestra omnia loca mei authoritate regii chirograpi confirmare . unanimo consensu totius presentis concilii , hic apud kingsbury , anno incarnationis christi dom. . seria sexta in hebdomada paschae , pro regni negotiis congregati , istud meum regium chirographum sanctae crucis signo stabiliter & immutabiliter confirmavi . after which the archbishop of canterbury , with other bishops , abbots , dukes , earls , with oflat ambassadour of king ethelwulf and his sons , in their names , and the name of the west-saxons , subscribed and ratified this chart●r , affixing the sign of the cross , and their names thereto , as you may read at large in ingulphus . that this parliamentary council , and the former at beningdon were principally summoned for the defence of the realm against the invading danes , who r then incessantly molested it ; and that this was the chief of those regni nagotiis for which they were assembled , is evident by this publick prayer of the kings , then subscribed under this charter . ego bertulphus rex merciorum palam omnibus praelatis & proceribus regni mei , divinam deprecor majestatem , quatenus per intercessionem sanctissimi confessoris sui sancti guthlaci , omniumque sanctorum suorum , dimittat mihi , & omni populo meo , peccata nostra , & sicut per aperta miracula sua oignatus est misericordiam suam ; sic super paganos hostes suos dare nobis dignetur omni certamine victoriam & post praesentis vitae fragilem cursum in consortio sanctorum suorum gloriam sempiternam , amen . after which ſ ingulphus subjoyns this monkish miracle , relating the order of the proceedings in this council , the sole end for which i cite it . god wrought in this council to the honour of his most holy confessor guthlac , a most famous miracle , whereby the devotion of the whole land , now more lukewarm than ordinary , to goe in pilgrimage to croyland , might thenceforth become more frequent , and by all ways , through all counties might dayly be revived , for whereas a certain disease like to a palsie , this year afflicted all england ; the nerves of men , women , and children , being smitten with a sudden and excessive cold ( their veins swelling and growing harder , the which no remedy of cloathes could prevent ) and especially the arms and hands of men being made useless , and altogether withred ; in which disease , like a fore-running most certain messenger thereof , an intollerable pain pre-occupated the member so growing ill . it hapned in this council , that many , as well of the greater as lesser ranck , were sick of this malady , & cum regni negotia proponerentur , and when as the businesses of the realm were to be proposed , lord celnoth archbishop of cant●rbury , who was vexed with this disease , openly counselled ; divina negotia deberi primitus proponi , & sic humana negotia christi suffragante gratia , finem prosperum posse sortiri ; assentientibus universis , &c. that dtvine businesses ought first of all to be proposed , and so humane business , through the suffrage of christs grace , might obtain a prosperous end . all assenting thereunto , when lord siward , then abbot of croyland was inquired for ; because in councils and synods for his great eloquence and holy religion , he had been , as it were , a divine interpreter for many years , and the most gratious expositor and promotor of innumerable businesses of the whole clergy ; who by reason of his great old age , was not present ; but by frier askillus , his fellow monk , he excused his absence with a most humble letter , by the burden of his long old age ; king. bertulph himself remembring the former complaint of the church of croyland , openly related before the council , the injuries frequently done to the lord abbot siward , and to his monastery of croyland , by the foolish fury of their adversaries ; and commanded that remedy should be provided and decreed by common advice . when as therefore this business was in agitation amongst them , & petitio domini siwardi , ( the first petition i meet with of this nature to and in our parliamentary councils ) and the petition of the lord abbot siward concerning the same , delivered by the foresaid frier askillus , had run from hand to hand of the prelates and nobles of the whole council , and one advised one thing , another another : lord ceolnoth archbishop of canterbury cried out with a loud voice , that he was healed of his disease , and perfectly recovered by the merits of the most holy confessor of christ , most blessed guthlac , whose businesses were then handling in their hands : likewise many other most potent men in the said council cryed out , as well prelates as nobles , that they had been sick of that disease , but now by gods grace , and the merits of most holy guthlac , they felt no pain in any of their members , through the said malady : and all of them presently bound their consciences with a most strict vow , to visit the most sacred tomb of most holy guthlac at croyland with devout pilgrimage , so soon as they could . wherefore our lord king bertulf , commanded the bishop of london ( who was then accounted the best notary , and most eloquent speaker , who being moreover touched with the same disease , now predicated , with greatest joy , that he was healed ) to take the privileges of croyland into his hands , and that he should insist to honour his physicitian s. guthlac with his hand writing , prout consilium statueret , as the council should ordain ; which also was done ; therefore in the subscriptions of the kings charter ( afore-mentioned ) the archbishop of canterbury , ceolnoth , confesseth himself whole and sound : st. swithin bishop of winchester , rejoyceth concerning the lords miracles . alstan bishop of sherburn , and orkenwald of lichenfeld , give thanks for the successes of the church ; and rethunus bishop of leicester , professeth himself a servant to st. guthlac so long as he lived : unniversique concilii optimates . and all the nobles of the council , with a most ardent affection , yeelded obedience to the kings benevolent affection towards st. guthlac in all things . from all which precedent passages in these two councils , it is apparent . first , that the parliamentary councils of that age , consisted only of the king , spiritual and temporal lords and peers , without any knights of shires , or burgesses , of which we find no mention in this , or any other former or succeeding councils , in the saxons times ; though sometimes wise-men of inferior quality , both of the clergie and laity , were particularly summoned to them , without any popular election , by the kings special direction , for their advice . ly . that all divine and ecclesiastical matters , touching god , religion , and the church , and all affairs of the realm of publique concernment , relating to war or peace , were debated , consulted of , & setled in parliamentary councils . ly . that the businesses of god and the church , were therein usually first debated and setled , before the affairs of the kingdom , of which they ought to have precedency . ly . that all private grievances , injuries and oppressions done by the king , his officers , or other private persons , to the church , or other men , were usually complained of , and redressed in parliamentary councils , by the advice and judgement of the king and peers ; and that either upon the parties petition , setting forth his grievances , or a relation made thereof by the king , or some other prelate or nobleman , before the whole council . ly . that what could not be redressed in one great council , was in the next succeeding council revived and redressed , according to the merits of the cause . ly . that no peer nor member of the great council might absent himself in those times , but upon just and lawfull excuse , which he ought humbly to signifie to the king and council by a special messenger , and letter , as abbot siward did here . ly . that all members of the council had free liberty of debate and vote , in all businesses complained of , or proposed to them ; and a negative , as well as an affirmative voice . ly . that all businesses then were propounded and debated before all the council , and resolved by them all , not in private committees . ly . that our kings in those days , in cases of necessity , could not lawfully seise their subjects monies and plate against their wills , to raise soldiers to resist invading fore in enemies , but only borrow them by their free consents , and held themselves bound to restore or recompence the monies lent or taken by them in such exigencies , with thankfull acknowledgment . . that our kings in that age , could not grant away their crown lands , create or inlarge sanctuaries , or exempt any abbies from taxes and publique payments , or impose any publique taxes on their subjects , but by charters , or grants made and ratified in and by their great councils . anno . t king aethelulf gave the tenth part of his realm to god and his saints , free from all secular services , exactions and tributes , by this charter , made and confirmed , by the advice and free assent of all the bishops and nobles throughout the realm then assembled in a great council , to oppose the invading plundering danes . regnante in perpetuum domino nostro jesu christo , in nostris temporibus bellorum incendia , & direptiones opum nostrarum , & vastantium crudelissimas hostium barbarorum paganorumque gentium multiplices tribulationes , asfligentium usque ad internecionem cernimus , tempota incumbere periculosa ; quamobrem ego aethelulfus , rex occidentalium saxonum , cum consilio episcoporum , ac principum meorum , consilium salubre arque uniforme reme iam assirmavi , ut aliquam portionem terrae meae deo & beatae mariae & omnibus sanctis , iure perpetuo possidendam concedam , decimam scilicet partem terrae meae , ut sit tuta mu●eribus , et libera ab omnibus servitiis secularibus , nec non regalibus tributis majoribus et minoribus , seu taxationibus , quae nos * w●tereaden appellamus , sitque omnium rerum libera , pro remissione animarum & peccatorum meorum ; ad serviendum soli deo , sine expeditione , et pontis constructione , arcis munitione , ut eo diligentius pro nobis preces ad deum sine cessatione fundant , quo eorum servitutem in aliquo levigamus . the copies in our historians vary in some expressions , and in the date of this charter , some placing it in anno . others anno . this charter ; as ingulphus records , was made at winchester , novemb. . anno. . praesentibus & subscribentibus archiepiscopis angliae universis , nec non burredo , merciae , & edmundi east-anglorum rege , abbatum , & abbatissarum ducum , comitum , procerumque totius terrae , aliorumque fidelium infinita multitudine . dignitates vero sua nomina subscripserunt . after which , for a greater confirmation the king offered the written charter up to god upon the altar of st. peter , where the bishops received it , and after sent it into all their diocesses to be published : and hereupon the bishops of sherburne and winchester , with the abbots and religious persons , on whom the said benefits were bestowed , decreed , that on every wednesday , in every church , all the friers and nuns should sing psalms , and every priest masses ; one for the king , and an other for his captains . it is observable , first , that the parliamentary council wherein this charter was made and ratified by common consent , and this exemption and tenth granted , was principally called to resist the invading plundering danes . ly . that this king and council , in those times of invasion and necessity , were so far from taking away the lands and tithes of the church , for defence of the realm , or from imposing new unusual taxes and contributions on the clergy for that end , that they granted them more lands and tithes than formerly , and exempted them from all former ordinary taxes and contributions , that they might more cheerfully and frequently pour forth prayers to god for them , as the best means of defence and security , against these forein invading enemies . u mr. selden recites another charter of this king of the same year ( different from it in month and place ) out of the chartularies of abbington abbey , to the same effect , made by parliamentary consent of that time , & per consilium salubre cum episcopis , comitibus , ac cunctis optimatibus meis , which charter is subscribed by this king and his two sons , with some bishops and abbots ; ratified with their signs of the cross , and this annexed curse , si quis ver ò minuere vel mutare nostram donationem praesumpserit , noscat se ante tribunal christi redditurum rationem , nisi prius satisfactione emendaverit , usual in such charters . aftet x which , this king going to rome , carried alfred his youngest son thither with him ( whom he most loved ) to be educated by pope leo ; where continuing a year , he caused him to be crowned king by the pope , and returning into his country married judith , the king of france his daughter , bringing alfred and her with him into england . in the kings absence in forein parts , alstan bishop of sherburne , eandulfe earl of somerset , and certain other nobles making a conspiracie with ethelbald the kings eldest son , concluded , he should never be received into the kingdom , upon his return from rome , for two causes : one , for that he had caused his youngest son alfred , to be crowned king at rome , excluding thereby , as it were , his eldest son , and others from the right of the kingdom . another , for that contemning all the women of england , he had married the daughter of the king of france , an alien et contra morem et statuta regum west-saxonum , and against the use and statutes of the kings of the west-saxons , called ju●ith , ( the king of france his daughter , whom he lately espoused ) queen , and caused her to sit by his side at the table , as he east●d ; for the west-saxons permitted not the kingswife to sit by the king at the table , nor yet to be caled queen , but the kings wife : y which infamy arose from eadburga , daughter of king offa , queen of the same nation , who destroyed her husband king brithr●ic with poison , and sitting by the king , was wont to accuse all the nobles of the realm to him , who thereupon deprived them of l●fe or banished them the realm ; & whom she could not accuse● she used to kill with poison : therefore , for this mis-doing of the queen ; they all conjured and swore , that they would never permit a king to reign over them who should be guilty in the premises : whereupon king aethelulfe returning peaceably from rome , his son aethelbald , with his complices , attempted to bring their conceived wickedness to effect , in excluding him from his own realm and crown . but almighty god would not permit it ; for lest peradventure a more than civil war should arise between the father and the son , the conspiracie of all the bishops and nobles ceased , though the king clemency , who divided the kingdom of the west-saxons ( formerly undivided ) with his son , so that the east part of the realm should go to his son ethelbald , and the west-part remain to the father . and when tota regni nobiliras , all the nobility of the realm , and the whole nation of the west-saxons , would have fought for the king , thrust his son ( ethelbald ) from the right of the kingdom , and ba●ished him and his complices out of the realm , qui tantum facinus perpetrare ausi sunt , & regem à regno proprio repellerent ( which wigorniensis , anno . ●iles facinus , et inauditum omnibus saeculis ante infortunium ) if the father would have permitted them to do it . he out of the nobleness of his mind , satisfied his sons desire ; so that where the father ought to have reigned by the just judgement of god , there the obstinate and wicked son reigned . this king z aethelulfe before the death of egbert his father , was ordained bishop of winchester , but his father dying , he was made king by the prelates . nobles , and people , much against his will , cum non esset alius de regio genere qui regnare debuisset , because there was none other of the royal race who ought to reign : haeredibus aliis deficientibus , postmodum necessitate compulsus , gubernacula regni in se suscepit , as bromton and others expresse it . at his death ( anno . ) he did by his will ( lest his sons should fall out between themselves after his decease ) give the kingdom of kent , with sussex and essex , to ethelbert his second son , and left the kingdom of the west-saxons to his eldest son aethelbald ; then he devised certain sums of money to his daughter , kindred , nobles , and a constant annuity for ever , for meat , d●ink , and cloths to one poor man or pilgrim , out of every hides of his land , & marks of mony to be sent yearly to rome , to be spent there in oyl for lamps , & almes : which sums i never find paid by his successors , as he prescribed by his will and charter too , because not confirmed by his great parliamentary councils , of prelates and nobles , as his forcited charter , and a peter-pence ( likewise granted by him ) were ; upon this occasion ( as some record ) that he being in rome , and seeing there outlawed men doing penance in bonds of iron , purchased of the pope , that englishmen after that time should never out of their country , do penance in bonds . about the year of our lord . b osbrith king of northumberland ( as bromton records ) residing at york , as he returned from hunting , went into the house of one of his nobles called bruern bocard ; to eat ; who was then gone to the sea-coasts , to defend it & the ports against theeves and pirates , as he was accustomed ; his lady being extraordinarily beautifull , entertained him very honorably at dinner ; the k. enamored with her beauty , after dinner taking her by the hand , leads her into her chamber , saying he would speak with her in private ; and there violently ravished her against her will : which done he presently returned to york , but the lady abode at her house , weeping and lamenting the deeds of the king ; whereby she lost her former colour and beauty . her husband returning , and finding her in this sad condition , inquired the cause thereof ; wherewith she fully acquainting him ; he thereupon cheered her up with comfortable words , saying , that he would not love her the lesse for it , since her weakness was unable to resist the kings power ; and vowed by gods assistance , speedily to avenge himself & her of the king , for this indignity . where upon , being a noble and very potent man , of great parentage , he called all his kinsmen , and the chief nobles of his familie to him , with all speed , and acquainted them with this dishonour done to him by the king , saying , he would by all means be avenged thereof ; and by their counsel and consent , they went all together to york , to the king , who when he saw bruern called him courteously to him ; but he , guarded with his kinred and friends , presently defying the king , resigned up to him his homage ; fealty , lands , and what ever he held of him , saying , that he would never hold any thing of him hereafter as of his lord : and so without more words , or greater stay , instantly departed , and taking leave of his friends , went speedily into denmark , and complained to codrinus king thereof , of the indignity done by king osbrith to him and his lady , imploring his aid and assistance , speedily to revenge it , he being extracted out of his royal blood . the king and danes hereupon , being exceeding glad that they had this inducing cause to invade england , presently gathered together a great army to revenge this injury done to bruern , being of his blood , appointing his two brothers , inguar and hubba most valiant souldiers , to be their generals ; who providing ships and other necessaries , transported an innumerable army into england , and landed them in the nothern parts ; this being the true cause why the danes at this time invaded england in this manner . in the mean time , the parents , kindred , and friends of bruern , expelled and rejected king osbrith , for this injury done to him and his lady , r●fusing to hold their lands of , or to obey him any longer as their soveraign , and advanced one ella to be king , though none of the royal bloud . our other c historians , who mention not this fact of osbrith , and occasion of these danes arival to revenge it , write , that the danes upon their landing marched to the city of york , wasting all the country before them with fire and sword unto tinmouth . at that time ( they write ) by the devilsinstinct , there was a very great discord raised between the northumberlanders , sicut semper populo qui odium incurrerit evenire solet : for the northumberlanders at that time had expelled their lawfull king osbrith out of the realm , and advanced one ella , a tyrant , not of the royal bloud , to the regal soveraignty of the kingdom : by reason of which division , the danes taking york , ran up and down the country filling all places with bloud and grief , wasting and burning all the churches and monasteries far and near , leaving nothing standing but the walls and ruines of them , pillaging , depopulating , and laying waste the whole country . in which great necessity and distress the northumberlanders reconciling their two kings , osbrith and ella , one to another , gathered a great army together against the danes ; which their two kings and eight earls marched with to york ; where after a long fight , with various success , both the said kings with most of the northumberlanders were all slain , april . anno. . the city of york consumed with fire , and the whole kingdom made tributarie to the danes : d simeon dunelmensis relates , that both these kings had violently & sacrilegiously taken away certain lands from s. cuthberts church in durham for osbrit had by a sacrilegious attempt taken away wirce wood and tillemouth ; and ella , billingham , heclif and wigeclif & creca from s. cuthbert : tandem cum maximâ parte suorum ambo praefati reges occubuerunt , & injurias quas ecclesiae sancti cuthberti aliquando irrogaverant , vitâ privati , & regno persolverurt ; which the author of the history of st. cuthbert , observes and records more largely , as a punishment of their sacrilegious rapine : the danes hereupon made egbert king of northumberland , as a tributary and viceroy under them : sic northumbria bellico jure obtenta barbarorum dominium multo post tempore pro conscientiâ libertatis ingemuit , writes malmesbury de gestis regum angliae , l. . c. . p. . these rebellious northumberlanders about years after , uno conspirantes consilio , expelled egbert the realm by unanimous consent , together with archbishop wilfer , making one richius king in his place ; the danes both then and long after possessing and wasting their country , and slaughtering them with fire and sword ( as the * marginal historians record ) more then any other parts of the iland , by a just divine punishment for their manifold treasons , seditions , factions , rebellions against , and murders of their soveraigns . in the year e . a great army of these victorious plundering danes , marched out of the kingdome of northumberland to nottingham , which they took , and there wintered ; whereupon beorred ( or brithred ) king of mercians , onmesque ejusdem gentis optimates , and all the nobles of that nation assembled together , where the king , consilium habuit cum suis comitibus , & comilitonibus , & omni populo sibi subjecto , quasitèr inimicos bellicâ virtute exuperaret , sive de regno expelleret ; held a council with his earls and fellow souldiers , and all the people subject to him , how he might vanquish these enemies with military power , or drive them out of the realm : by whose advice , he sent messengers to ethelred king of the west-saxons , and to his brother elfrid , humbly requesting them , that they would assist and joyn with him against the danish army ; which they easily condescening to , gathered a very great army together out of all parts , and joyning all together with beorred and his forces , marched to nottingham , unanimously , with a a resolution to give the danes battel ; who sheltering themselves under the works of the castle and town , refused to fight with them ; whereupon they besieged them in the town , but being unable to break the walls , they concluded a peace at last with the danes , upon condition , that they should relinquish the town , and march back again into northumberland , which they did ; where their army continued the whole year following , in & about york , debacchans & insaniens , occidens & perdons perplurimos viras & muli●res . f abbot ingulphus records ; that during the siege of nottingham , king beorred , ( as he stiles him ) at the request of earl algar the younger ( who was very gracious with him and the other kings causâ suae nobilis militiae ) granted a charter of confirmation , not only of all the lands , advowsons , possessions , which this earl , with other particular persons and kings had given to the abby of croyland , but likewise of all their former privileges , confirming all their ilands , marishes , churches , chapels , mannors , mansions , cottages , woods , lands , meadows , ( therein specified ) to god and saint guthlae for ever , libera & soluta , & emancipata ab omni onere terreno , & servitio seculari , in eleemofynam aeternam perpetuo possidendam . which charter hath this memorable exordium , expressing the motives inducing this king to grant it . beorredus largiente dei gratiâ rex merc●orum , omnibus provinciis , & populis earum universam merciam inhabitantibus , & fidem catholicam conservantibus salutem sempiternam , in domino nostro . jesu christo . quoniam peccatis nostris exigentibus , manum domini super nos extensum , quotidiè cum virgâ ferreâ cernimus cervicibus nostris imminere , necessarium nobis & salubre arbitror , piis sanctae matris ecclesiae precibus eleemosynarumque liberis largitionibus iratum dominum placatum reddere , et dignis devotionibus ejus gratiam in nostris necessitatibus auxiliariam implorare , ideoque et ad petitionem strenui comitis , mihi meritoque dilectissimi , concessi regio chirographo meo theodoro abbati croyland , tam donum dicti comitis algari , quam dona aliorum fidelium praeterit orum ac praesentium , &c. and it concludes thus . istud regium chirographum meum , anno incarnationis domini nostri jesu christi , . calendis augusti apud snothingham coram fratribus , & amicis , & omni populo meo in obsidione paganorum congregatis , sanctae crucis munimine confirmavi , then follow the subscriptions and confirmations of ceolnoth archbishop of canterbury , . bishops , . abbots , ethelred king of west-saxons , and alfred his brother , edmund kingof east-angle , dukes , and twelve earls , who all ratified this charter . after which charter confirmed , this king beorred renders special thanks to all his army , for their assistance against the danes , especially to the bishops , abbots , and other inferior ecclesiastical persons , for their voluntary assistance of him in those wars against these enemies , norwithstanding his fathers exemption of them by his charter from all military expeditions and secular services : thus recorded by g ingulphus , and most worthy observation . ego beorredus rex merciorum , intimo animi affectu , totisque praecordiis gratias exolvo speciales , omni exercitui meo ; maximè tamen viris ecclesiasticis , episcopis & abbatibus , aliis etiam inferioribus status & dignitatis . qui licèt piissimae memoriae , rex quondam ethelwulfus pater mens , per sacratissimam chartam suam , ab omni expeditione militari vos liberos reddiderit , & ab omni servitio saeculari penitus absolutos● ; dignissimâ tamen miseratione super oppressiones christianae plebis ecclesiarumque , & monasteriorum destructicnes luctuosas , benignissimè compassi , contra nefandissimos paganos in exercitum domini prompti & spontanei convenistis , ut tanquam martyres , christi cultus sanguine vestro augeatur , & barbarorum superstitiosa crudelitas effugetur . from these last passages , it is apparent : first , that in those days our saxon kings made war and peace by the advice and consent of their nobles and parliamentary great councils . ly . that in cases of common invasion and danger by forein enemies , all the forces raised , and ways and means to resist them , were concluded on by advice and consent of these great councils , and not by the kings absolute power . ly . that all , or most church-men and their church-lands , in those days , were absolutely freed and discharged from all military , expeditions , contributions , aids and assistance against enemies , by express charters , but only such as themselves voluntarily and freely contributed in cases of incumbent great danger and necessity , without compulsion ; for which their kings rendred them special and hearty thanks ; acknowledging and confirming these their immunities , not violating them upon such necessities , as this notable passage of ingulphus attests , together with that of h mat. west . an. . concerning alstan bishop of sherborne , a man of very great power and counsel in the realm : contra danos quoque quitunc primò insulam infestabam , regis aethelulfi saevitiam exacuit ; ipse ex fisco pecuniam accipiens , ipse excercitum componens , martiis felix eventibus contra hostes bella plurima constanter peregit : receiving mony out of the kings exchequer ( not the peoples purses or conrributions ) to manage these wars and not warring on his own expences . ly . that the nobles , gentry , and people of the realm , were the only standing militia in that age , to defend it against forein enemies in times of danger or actual invasion ; when they marched out of their own counties against them , voluntarily and freely adventuring their lives for defence of their king , country , religion , liberties , properties ; as they did at this siege of nottingham , and during all the long-lasting danish wars , invasions , and depredations both by land and sea. ly . that our christian kings , nobles , and great councils of those days , in times of greatest danger , invasion and wars , held it most seasonable and necessary to confirm and enlarge the churches patrimony , liberties , and privileges , thereby to stir up their clergy-men more earnestly to assist them with their prayers ; not to diminish , invade or infringe them , under pretext of real inevitable necessity and danger ( the practice of late and present times ) whereupon they granted and , confirmed this forecited charter in the very armi● during the siege of notingham , before all the kings , princes , prelates , dukes , earls , and people there present . l in the year . inguar and hubba , with the rest of the danes comming into kesteven in lineoln-shire , wasting and slaying all the country with fire and sword , thereupon earl algarus , osgot sheriff of lincoln , and all the gentry and people in those parts , with the band of the abby of croyland ( ●nder the command of 〈◊〉 a monk , formerly a souldier ) consisting of stout men , ( most of them fugitives thither for sanctuary ) uniting all their forces together in kesteven , on the feast of st. maurice , fought with the danes , and slew of their kings , with a great multitude of their forces . that night the other danish kings ( dispersed abroad to pillage the country ) wirh a great booty & many captains , coming to the tents of their routed companions , with a numerous army , were inraged with the slaughter of their confederates , in their absence : whereupon most of the english secretly fled away from the earl and their captains in the night through fear : who early in the morning having heard divine offices , and receiving the sacrament , resolved not to retreat , but manfully to fight with the danes ( though not above to their many thousands ) being most ready to die for the defence of the faith of christ and of their country : whereupon the danes assailing them with great multitudes and fury , they all standing and fighting close together , valiantly susteined their assaults from morning till evening , without giving ground . upon which the danes to sever them , purposely feigned a flight , and began to leave the field : hereupon the english , contrary to the commands of their captains , dissolving their ranks , and dispersing themselves to pursue the danes , they suddenly returned and slew most of the english , who fought gallantly with them to the last gasp , some few of them only escaping ; after which the danes marching to the abby of croyland , put the abbot with all the monks and persons they there found ( one child excepted ) to the sword , after they had extremely tortured them to discover where their treasures were ; broke up all the tombs , pillaged and burnt the abby , with all the edifices thereof , leaving it a mee● ruinous heap ; then marching on , laying all the country waste before them with fire and sword , sparing neither person , age , nor sex , they cast down , burnt , destroyed , and levelled to the ground the goodly monasteries of bradney , peterborough , huntingaon , ely , with sundry others , murthering as well all the monks as nuns therein , which their merciless swords , after they had first polluted them . to avoid whose barbarous rape , m ebba abbess of coldingham and her nuns ( by her example and perswasion ) cut off their upper lips , and noses , to deform themselves to their lascivious eyes ; which bloody spectable preserved their chastity from their lust ; but not their monasterie or bodies from their cruelty , they burning them and their nunnery to ashes . after which , the same year inguar and hubba marched against st. edmund , who in the year . was chosen king of the east saxons ab omnibus regionis illius magnatibus et ( populis , by all the nobles and people of that realm ( being sprung from the antient royal blood of the saxons ) and compelled to take the government on him much against his will , being then but years old , and consecrated king by bishop humbert in the royal town called bury . the reason of their malice to this king , ( as some of our historians write ) was this , that he was maliciously accused to have murthered their father lothbroc , driven by a sudden storm in a small boat into england as he was hawking at fowl , by this kings faulkoner : who having murthered himself out of meer malice , was by judgement of the knights and lawyers banished the realm , and put alone into lothbrocs boat , without oare or sails for murthering him , and so sent to sea ; being driven in it into denmark , to excuse himself , he maliciouslie accused the king of this murther , to these his sons ; who thereupon invaded england with an army to revenge their fathers death . and the reason why they at this time so extraordinarily prevailed , aud over-run the land , was the civil discords , wars , and emutations amongst the saxon kings ; who either out of malice or ambition to advance their own dominion , or base unworthy fears , would rather induce these common enemies to over-run them , than assist one another against them ; which n william of malmesburie thus expresseth . meminerit interea lector , quod interim reges merciorum et northanimbrorum , captata occasione adventus danorum , quorum bellis ethelredus insudabat , a servitio west-saxonum respirantes , domina●ionem suam penè asseruerant . ardebant ergo cunctae saevis popularibus provinciae , unusquisque regum inimicos magis in suis sedibus sustinere , quam compatriotis laborantibus opem porrigere curabat : ita dum maluit ivindicare , quam praevenire injuriam , socordiâ suâ exanguem reddiderunt patriam . dani sine obstaculo succressere ; dum et provincialibus timor incresceret , et proxima quaeque victoria per additamentum capti●orum , instrumentum sequentis fieret , &c. northanimbri jamdudum civilibus dissentionibus fluctuantes , adventante hoste correxerunt discordiam . itaque osbirthum regem quem expulerant , in solium reformantes , magnosque moliti paratus , obviam procedunt ; sed facilè pulsi , infra urbem eboracum se includunt : quâ mox à victoribus succensâ , cum laxos crines effusior flamma produceret , tota depascens maenia , ipsi quoque conflagrati , patriam ossibus texêre suis , mercii non semel obtriti , obsidatu miserias suas levaverunt . at vero ethelredus multis laboribus infractus obiit : orientalium anglorum pagi , cum urbibus et vicis à praedonibus possessi ; rex eorum sanctus edmundus , ab eisdem interemptust anno dominicae incarnationis . calendas decembris , temporaneae mortis compendio regnum emit aeternum . the manner of king edmunds martyrdom o historians thus relate . an. . hinguar king of the danes invading king edmunds realm with a great power sent a messenger to king edmund to demand the half of his treasure and wealth , and that he should hold his realm under him ; threatning otherwise to waste his kingdom and extirpate him and his people . sed nimis fraudulentèr hinguar thesauros exigebat , qui clementissimi regis caput potius quam pecunias sitiebat , writes q matthew westminster . whereupon bishop humbert advising him to fly from the danes ( who approached with their forces towards him ) to save his life , the king wished ; would to god that i might preserve the lives of my subjects , for whom i desire to lay down my life ; for this is my chiefest wish , that i may not survive my faithfull subjects , and most dear friends , which this cruel pirate hath theevishly slain ; neither will i stain my glory by fl●ght , who never yet sustained the reproaches of wa●re . the heavenly king also is my witness , that no fear of the barbarians shall separate me from the love of christ , whether living or dead . then turning to the messenger of hinguar , he said , thou art worthy to suffer the punishment of death , being wet with the blood of my people ; but imitating the example of my christ , if it should so happen , i am not afraid willingly to die for them ; return therefore speedily to thy master , and carry my answers to him : although thou takest away my treasures and riches which the divine clemency hath given me , by thy power ; yet thou shalt never subject me to thy infidelity : for it is an honest thing to defend perpetual liberty , together with purity of religion fo● which also , if there be need , we think it not unprofitable to die : therefore , as thy proud cruelty hath begun , after the servants slaughter cut thou the kings throat ; because the king of kings seeing these things , will translate me into heaven , there to reign eternally . the messenger departing , the king commanded his souldiers to run to their arms , affirming , that it was a worthy thing to fight both for their faith and country ●est they should prove deserters of their realm , and betrayers of the people . and being incouraged by bishop humbert , his nobles , and fellow souldiers , he marched against the enemy , and near thedford fought a bloody battel with the danes , from morning to night , the place being all dyed red with the blood of the slain . at which grievous sight king edmund was much grieved , not only for the great slaughter of his own souldiers fighting for their country & native liberty , & the faith of jesus christ , & so already crouned with martyrdome : but likewise for the death of the barbarous infidels , sent down to hell in great numbers ; which he overmuch lamented . after which battel , retiring to hegelsdun with his forces that were left , he immutably resolved in his mind , never to fight battel w●th the enemies more , saying only this ; that it was necessary that he alone should die for the people , and not the whole nation perish . soon after hinguars army being recruted by the access of hubba to him , with ten thousand men , he marched to hegelsdun , and surrounded it , that none might escape thence ; whereupon king edmund flying to the church , and casting down his temporal armes , humbly prayed the father , son , and holy ghost to give him constancy in his passion : then the danish souldiers seising on him , brought him from the church before hinguar , by whose command he was tyed to a tree hard by , cruelly whipped a long time , then shot through with darts , wherewith his body was stuck full ; after which , being taken from the tree , his head was cut off from his body , with a bloody sword by the barbarous executioner appointed for that purpose ; and so he died a most glorious martyr for his kingdom , country , subjects , and religion : to whose memory a famous monastery was after built ; of which william of malmesbury de gestis regum , l. . c. . p. . gives this relation ; quibus artibus edmundus ita sibi omnis britanniae devinxit incolas , ut beatum se in primis astruat , qui coenobium illius , vel nummo vel valenti illustraret . ipsi quoque reges aliorum domini , servos se illius gloriantur , & coronam ei regiam missitant , magno si uti volunt redimentes commercio . exactores vectigalium qui alibi bacchantur fas nefasque juxta metientes ibi supplices , citra ●ossa um sancti e●mundi , litigationes sistunt , experti multorum paenam , qui perseverandum putarunt ; which i wish our tax-exactors , and excisers would now remember . whiles the danes were thus wasting the kingdoms of northumberland and the east-saxons with fier and sword , and martyring king edmund [ x ] beorred king of mercians was busied in warring against the britains , who infested the western parts of his realm : but hearing the danes had invaded the eastern part of his kingdom , he came to london , and gathering a great army together , marching with it through the eastern quarters of his realm , he applyed the whole isle of ely to his exchequor , taking into his hands all the lands formerly belonging to the monastery of medehamsted , lying between stamford , huntindon and wisebeck , assigning the lands more remote , lying scattered through the country , to his souldiers . the like he did with the lands of the monastery of st. pega of rikirk ; retaining certain of them to himself , and giving some of them to his souldiers . and the like did he with the lands of all other monasteries , destroyed totally by the danes : whose lands by law * esch●ated to the crown , and those lords , whose predecestors founde● and endowed them , by the slaughter and chasing away of all the monks & nuns & burning of the monasteries ; whose lands thereupon were resumed and confiscated to the kings exchequer : et cum caetera monasteria per danorum ferocitatem funditus destructa , regali fisco fuerant ascripta , denuo et assumpta , omnibus monachis eorum necatis , perditis , seu penitus fugatis , as ingulphus informs us of the reason ; yet many of the monks of croyland escaping the danes fury , and returning soon after thither again , electing a new abbot , and repairing their monastery by degrees , as well as that exigency would permit , thereupon they enjoyed the sight of the whole abby , and the isle of croyland , with the self same liberties and privileges they had from the beginning , dischardged from all secular services , during all the time of this their desolation , & the danish wars , till the time of its restoration ; & after that till ingulphus time , as he records . notwithstanding , because many of the monks were slain , and the abby burnt down & demolished by the danes , king beorred thereupon seised some of their lands into his own hands , & gave other of their lands more remote from the abby to his stipendiary soldiers . and although venerable abbot godric , took very much paines , frequently demanding restitution of them both from king beorred & his souldiers , and very often shewed the charters of the donors , & the confirmations of former kings , together with , his own proper charter , to this kings , yet he received always nothing but empty words , from & him them : whereupon he at last utterly despaired of their restitution . perceiving therefore the overmuch malice of the times , et militiam * regis terrarum cupidissimam , and the kings militia , and soldiers most covetous of lands , he resolved with himself in conclusion to passe by these royal donations surdo tempore , in a deaf time ; being over-glad & rejoycing , that the kings grace had granted the whole island lying round about the monastery unto it , free and discharged from all regal exactions , much more specially to him then at that time , which had not happened to many other monasteries . there departed therefore at that time from the monastery of croyland these possessions which never returned to this present day : the mannor of spalding given to earl adelwulfe , with all its appurtinances : the mannor of deeping given to langfer a knight , ( or souldier ) and the kings baker , with all its appurtenances ; the mannor of croxton given to fernod a knight ( or souldier ) the kings ensign-bearer , with all its appurtenances ; the mannors of kerketon and kimerby in lindesy , with all their appurtenances , given to earl turgot ; but bukenhale and halington , then appropriated to the exchequer , were afterwards restored to the said monastery by the industry of turketulus abbot of croyland ; and the gift of most pious king edred , the restorer of them with other mannors ( named by ingulf . ) belonging to croyland ; quas rex beorredus fisco suo assumserat , which king beorred had then assumed in his exchequor . after which k. beorred passing with his army into lindesey , latissimas terras monisterio bardney ( totally ruined by the danes ) dudum pertinentes fisco suo accepit , remotas vero in diversis patriis divisas jacentes , militibus suis dedit . but mark the issue . at last ſ the danes returning into mercia anno . wasting and spoiling all the country with fire and sword , and destroying all churches and monasteries , king beorred , when he beheld all the land of england , in every corner thereof , wasted with the slaughters and rapines of these barbarians , vel de victoriâ desperans , vel tot laborum labyrinthum fastidiens , either despairing of victory , or loathing the labyrinth of so many troubles , left the kingdom , and went to rome , where he died few days after , and was there buried in the english school , and his wife following after him , died in her way to rome ; some write , he was driven out of his kingdom by the danes . hereupon the t danes , anno . substituted in his place in the realm of mercia , one ceolwulfus , a servant of king beorreds , an eglishman by nation , sed barbarus impietate ; but a barbarian in impiety . for he swore fealty , and gave pledges to the danes , quod tributa imposita eis fidelitèr persolveret , that he would faithfully pay unto them the tributes they imposed , and that whensoever they would redemand the kingdom committed to him , he would resign it without any resistance , under pain of losing his head. whereupon he ( as ingulphus records ) going round about the land , paucos rusticos relictos excoriavit , mercatores absorbuit , viduas & orphanos oppressit , religiosos omnes tanquam conscios thesaurorum innumeris tormentis afflixit ; plucked off the skins of the few countrymen that were left ; swallowed up the merchants , oppressed the widows and orphans , and afflicted all religious persons , as conscious of hidden treasures , with innumerable torments : whence amongst very many evils he did , impoposing a ttibute of a thousand pounds upon godric , the venerable abbot of croyland , and his miserable freers , he almost undid the monastery of croyland . for no man after that , by reason of the overmuch poverty of the place , would come to conversion ; yea abbot godric being unable to sustain his professed monks , dispersed many of the monks amongst their parents and other friends of the monastery through all the country , very few remaining with him in the monastery , and protracting their life in greatest want . then all the chalices of the said monastery except . and all the silver vessels , besides the crucible of king withlasius , and other jewels very precious , being changed into mony , or sold for mony , were scarce able to satisfie the unsatiable covetousness of ceolwulfe , the vice-roy : who at last , by his lords the danes , most just in this , ( after all his rapines and oppressions of the people by unjust taxes and imposts ) was deposed and stripped naked of all his ill-gotten treasure , even to his very privities , and so ended his life most miserably . and the kingdom also of the mercians at this very time , ( king alfred prevailing against the danes ) was united to the kingdom of the west-saxons , and remained so united ever after , when it had continued a kingdom from the first year of penda ( the first king thereof ) to the last times of this miserable viceroy ceolwulph , about years : of which kingdom a william of malmesbury thus concludes ; ita principatus merciorum , qui per tumidam gentilis viri insaniam subitó effloruit , tunc per miseram semiviri ignaviam omninó emarcuit , anno dom. . though speed post-dates its period in the year . whence it is observable , that unjust rapines , taxes , oppressions speedily & suddenly destroy both kings and kingdoms . the next year following anno . b halden king of the danes , seising upon the seditious kingdom of northumberland , sibi eam , suisque ministris distribuit , illamque ab exercitu suo coli fecit auobus annis ; totally dispossessing the seditious , murtherous northumberlanders thereof ; who but a little before had expelled both their king and archbishop out of their realm . this halden and his souldiers miserably wasted and destroyed the churches of god in those parts , for which the wrath of god suddenly f●ll upon halden ; who was not only struck with madnesse of mind , but with such a most loathsome disease in his body , which much tormented him , that the intollerable stink thereof made him so odious & loathsome to his whole army , that being contemned and cast out by them all , he fled away from tine , only with three ships , and soon after perished with all his plundering , sacrilegious followers ; the danes elected guthred king in his stead , possessing this seditious realm of northumberland till dispossessed of it by king edmund an. . who then annexed it to his kingdom . our noble saxon king c alfred the first anointed king of england , ( as glorious for his most excellent laws , transcendent justice and civil government , as for his martial exploits , victories ; and for his incomparable piety and extraordinary bounty to the clergy and learned men ) comming to the crown anno dom. , in the years , , and sundry years following , by common consent of his wise men , commanded long ships and gallies to be built , throughout the realm , and furnished with mariners , to guard the seas and encounter the danish ships and pirates , which then infested and wasted the realm , from time to time : whose forces he often encountred , as well by sea as by land , with various success . at last having obtained the monarchy of all england , and received their homages and oaths of fealty to him , he appointed special guardians to guard the seas and sea-costs in all places ; whereby he very much freed the land from the danes devastations . about the year . ( even in the midst of his wars , when laws use to be silent ) he compiled a body of ecclesiastical and canon laws out of the sacred scriptures , and the laws which his pious predecessors , ina , offa , and ethelbert had religiously made and observed ; antiquating some of them , retaining , reforming others of them , and adding some new laws of his own , by the advice and counsel of his wisemen & of the most prudent of his subjects ; the observation of which laws was enjoyned by the consent of them all . wherein certain fines and penalties were prescribed for most particular offences , which might not be altered or exceeded : amongst other laws , ( as d ) andrew horn , and others record ) this king and his wisemen ordained : that a parliament twice every year , and oftner in time of peace , should be called together at london , that therein they might make laws and ordinances to keep the people of god from sin , that they might live in peace , and receive right and justice by certain customs and holy judgements ; and not be ruled in an arbitrary manner , but by stable known laws . and it was then agreed , that the king should have the soveraignty of all the land unto the midst of the sea invironing the land , as belonging of right to the soveraign jurisdiction of the crown . this king , e by appointing hundreds and tithings throughout the realm , with constables and tithing men , who were to take sureties , or pledges for the good behaviour of all within their jurisdictions , or else the hundred to answer all offences & injuries therein committed , both to the party and king , caused such a general peace throughout the realm ; and such security from robbers and plunderers even in those times of war , that he would hang up golden bracelets in the high-ways , and none durst touch them , and a ●ir● might have travelled safely , laden with gold , from one end of the realm to the other , without any violence , f matthew westminster , and florence of worcester record , that he spent a great part of his time in compositione legum , quibus milvorum rapacitatem reprimeretur , & simplex ●●denum de otio firmaretur ; and amongst many other m●morable acts of his justice , as he frequently examined the judgements and proceedings of his judges and justices , severely checking them when they gave any illegal judgement against law and right , meerly out of ignorance , of which they were to purge themselves by oath , that they could judge no better : so he severely punished them when they thus offended out of corruption , partiality and malice . g andrew horn in his mirrour of justices records , that he hanged up no less than of his judges and justices in one year , as murtherers and capital offenders , princicipally , for their false judgements in condemning and executing sundry of his people against law , without any lawfull tryal by their peeres , or verdict and iudgement by a sworn iury ; or upon in sufficient evidence , or for crimes not capital by the laws . the names of these judges with their several offe●ces , you may read at large in horn. had those pretended judges of a new edition , who of late arraigned , condemned , executed the king , nobles , gentlemen and freemen of england in strange new arbitrary courts of high iustice , without any legal indictment and tryal by a sworn jury of their peers ; and many of them , for offences not capital by any known lawes or statutes of the realm , and upon very slender evidence , lived in this just kings reign , they might justly fear he would have hanged them all up , as murtherers and capital malefactors , as well as these judges , not altogether so peccant in this kind as they : this form of tryal by sworn juries of their peers then in use , being since confirmed by the great charters of king john and king henry the , some hundreds of subsequent statutes , and the petition of right not known in alfreds days . i find in the preface to king alfreds laws ( of which laws abbot ethelred gives this true encomium , leges * christianissimas & scripsit , & promulgavit , in quibus fides ejus et devotio in deum , sollicitudo in subditos , h misericordia in pauperes , iusticia ci●ca omnes cunctis legentibus pate● ) this observable passage : that the apostles & elders assembled in a synod at jerusalem , acts . in their epistle to the churches of the gentiles , to abstain from things offered unto idols ; added this summary of all laws : and what ye would not to be done to your selves , that doe ye not to others : from which one precept it sufficiently appeareth , unicuique ex aequo jus esse reddendum ; that right or law is of justice to be rendred to every one ; neither will there be need of any other law or law-book whatsoever , if he who sits judge upon others , shall only remember this , that he would not himself should pronounce any other sentence against others than what he would should be passed against himself in their case . but when the gospel was propagated , many nations , and amongst them the english , embraced the faith of gods word , there were then held some assemblies and councils of bishops , and other most illustrious wise men , throughout the world , and likewise in england : and these being throughly instructed by gods mercy , did now first of all , impose a pecuniary mulct upon offenders ; and without any divine offence , delegated the office of exacting it to magistrates , leave being first granted : only on a traitor and deserter of his lord ( or king ) they decreed , that this milder punishment ( by pecuniary mulcts ) was not to be inflicted : because they thought just , that such a man was not at all to be spared ; both because god would have contemners of him unworthy of all mercy , and likewise because christ did not at all compassionate them who put him to death , but appointed the king to be honoured above all others : these therefore in many councils , singulorum scelerum paenas constituerum , ordained the punishments of every kind of offences , and commit●ea them to writing . from whence it is apparent , first , that all capital , coporal , and pecuniary mulcts and penalties for any civil or ecclesiastical offences whatsoever , inflicted on the subjects of this realm , in that and all former ages since they embraced the gospel , were only such as were particularly defined and prescribed by their parliamentary councils , and the laws therein enacted , and not left arbitrary to the king , judges , or magistrates , as it appears by the forecited passages of beda , malmesbury , huntindon and bromton concerning king ethelberts laws , part . p. . by the laws of king ina , lex , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , . & more specially by the laws of king alfred himself , lex , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , . with the laws of our other saxon kings , prescribing particular fines , pecuniary , corporal and capital punishments for all sorts of offences and injuries , to avoid all arbitrary proceedings and censures in such cases . ly . that no imprisonment corporal , capital , or pecuniary mulcts , or punishments whatsoever , justly might , or legally ought to be then inflicted upon any malefactors or trespassers whatsoever , but when , where , and for such offences only , as the known parliamentary and common laws then in force , particularly warranted and prescribed : which penalties and laws could not be altered nor abrogated , but by parliamentary councils only . ly . that common right and justice , were then to be equally dispensed to all men , by our kings , judges , and other magisttates , according to the laws then established , in such sort as they would have them administred to themselves in the like cases . ly . that wilfull traitors and deserters of their lawfull lords & soveraigns , were not to be spared or pardoned by the laws of god or men , nor yet punished only with sines , but put to death without mercy : wherce this law was then enacted by king alfred and his wisemen . i lex . si quis vel ger se ve● susceptam vel suspectam ●ersonam . de morte regis tradet , vitae suae reus sit , et omnium quae habebit , and if any fought or drew any weapon in the kings house , and was apprehended , sit in arbitrio regis , sit vita , sit mors , sicut ei condonate voluerit , lex . because it might endanger the kings person . this king alfred made two special laws for securing even leets , and inferiour courts of iustice from armed violence and disturbances by fighting , which i shall recite . k lex . si quis coram alderma●no regis pugnet . in publico , emendet weram & witam sicut rectum sit , & supra hoc cxx s. ad witam . lex . si quis folemot id est populi placitum . armorum exercitione turbabit , emendet aldermanno cxx s. witae , id est foris factu●ae . what fines and punishments then do they deserve , who not only fight before , and disturb aldermen and leets with their armes , but even disturb , fight , and use their armes against our aldermen themselves , yea , all the aldermen , peers , and great men of the realm , assembled in the highest greatest parliamentary councils , and over-awe , imprison , secure , seclude , and forcibly dissolve them at their pleasures ? as some of late times have done , beyond all former presidents . during the reign of this noble king alfred , gythro the dane , ( sometimes stiled godrin , or guthurn ) l anno . with an invincible army running over all the coasts of england , wasiing the country , and depopulating all sacred places wheresoever he came , quicquid in auro et argento rapere potest , militibus erogavit ; and seising upon loca quaeque munita , forced king alfred ( being so distressed that he knew not what to do , nor whither to turn himself ) to retire and save himself in the isle aethelingie , for a season ; till recollecting his scattered subjects and forces together , he vanquished githro and his army in a set battel at ethendune , and then besieging him and his remaining forces dayes in a castle , to which they fled , compelled them by famine and the sword , to make peace with him upon this condition : ut regni et regis infestationem perpetuo abjurarent ; that they should perpetually abjure the infesting of the king and realm , and that they should turn christians : which they accordingly performed , githro , with of the choicest men in his army being baptized at alve , days after , king alfred being their godfather , and giving him the name of aethelstane . after which alfred feasting him and his captains days in his court , gave githro eastengland to inhabit , wherein king edmund reigned , to be held of and under him : whereupon githro and his danes an. . leaving cirencenster marched into the east parts of england , which he divided amongst his souldiers , who then began to inhabit it by alfreds donation . upon this accord , or some time after , king alfre and gythro , by the common consent of their great councils and wise men , made and enacted certain civil and ecclesiastical laws , for the government of their people and realms , recorded in bromton , lambert , and spelman , where those who please may peruse them : the prologue and first laws whereof , i shall only recite , as both pertinent to my purpose , and seasonable for our times , much opposing the magistrates coercive power in matters relating to god and religion . m hoc est consili●m quod alredus rex et godrinus rex eligerunt , et condixerunt , quando angli et dani ad pacem et concordiam plenè convenerunt , et sapientes , et qui posteà successerunt , saepiùs hoc est assid●è renovantes , in bonum semper adduxerunt . cap. . inprimis est , ut unum deum diligere velint , et omni paganismo sedulo renunciare : et instituerunt secularem iustitiam , pro eo quod sciebant , quod non poterant multos alitèr castigare : plures verò nolebant ad dei cultum sicut deberent ali●è . inclinari ; et secularem emendationem instituerunt , communem christo , et regi , ubicunque recusabitur lex dei justè servari secundum dictionem epis●opi . et hoc est primum edictum ecclesiae , pax intra parietes suos , ut regis handgrith , semper inconvulsa permaneat . cap. . siquis christanitatem suam malè mutat , vel paganismum veneretur verbis vel operibus , reddat sic weram , sic witam , sic lashlyte , secundum quod factum sit ▪ that is , let him be fined , and ransomed according to the quality of his offence . this noble king alfred ( who fought no lesse than bloody battels with the danes by land and sea for his countries liberties ) although he was involved in perpetual wars and troubles with the danish invaders all his daies , as our historians and this his n epitaph demonstrates , nobilitas innata tibi , probitatis honorem armipotens alurede dedit , probitasque laborem ; perpetuumque labor nomen ; cui mixta dolori gandia semper erant , spes semper mixta timori ; si modò victus er at , ad crastina bella parabat : si modò victor erat , ad crastina bella pavebat . cui vestes sudore jugi , cui sica cruore tincta jugi , quantum sit onus regnare probarunt . non fuit immensi quisquam per climata mundi cui tot in adversis vel respirare liceret . nec tamen aut ferro contritus ponere ferrum aut gladio potuit vitae fiuisse labores . i am post transactos regni vitaeque labores christus ei fit vera quies sceptrumque perenne . yet o these things are remarkable in him . . that he most exactly and justly governed his people by and according to his and his predecessors known laws , in the midst of all his wars ; not by the harsh laws of conquest and the largest sword. . that he advanced learning and all sorts of learned men , erecting schools of learning , and the famous university of oxford ; which he founded , or at least refounded when decayed , in the heat of all his wars and troubles . . that he was so far from spoyling the church and churchmen , or any other his subjects of their lan●s , tithes or revenues to maintain his perpetual wars against the impious pagan danes , who destroyed all churches and religious , as well as other houses , where ever they came ; that he not only prepared , adorned , endowed many old deoayed churches and monasteries , but likewise in the year , he built two new monasteries of his own , at ethelingei and shaff●esbury , and endowed them with ample riches and possessions ; and by sundry charters gave several lands to the churches of durham , worcester , and canterbury . moreover he not only duly paid tithes and other duties to the church himself , but also by his laws , enjoyned all his subjects under sundry mulcts , justly to pay tithes and churchels to their priests and ministers , with all other duites and oblations belonging to the church for the maintenance of the ministers and gods worship : together with peterpence for the maintenance of the english school at rome ; prohibiting all men to invade the churches rights and possessions under severe penalties . . that he equally divided all his annual revenues into two equal parts : the first moity was for pious uses , which he subdivided into three parts . the first parcel he bestowed in almes , to relieve the poor both at home and in forein parts ; the second , he bestowed on religious houses and persons ; the third , he gave towards the maintenance of schools , scholars , doctors , and learned men of all sorts , resorting to and liberally rewarded by him according to their merits . the other moity was for civil uses , which he likewise divided into equal portions . the first he gave unto his souldiers ; whom he divided into squadrons : the first squadron , which were horse , waited one month on him at his court , ( as his life-guard ) whiles the other two were imployed in military expeditions in the field : and when their month expired , they all returned from the wars , and then another new company succeeded them ; and when their month was ended , they returning to their houses , the other company succeeded them . and so they successively kept their monthly courses during all his reign , being one month in actual service , and two months at home about their own affairs . the second part he gave to his workmen and artificers of all sorts , skilfull in all worldly affairs . the third part he gave to strangers in royal gifts and presents , and that as well to the rich as poor . besides , he had a very great care ne à vicecomitibus et ministris pauperes opprimere●tur , et indebitis exactionibos gravarentur ; that the poor people should not be oppressed by sheriffs and other officers , nor burthened with unjust exactions or contributions ; yea by his large almes and gifrs he sent to rome , he procured the english school to be fréed from all taxes and tributes by the popes special bull. and we never read he imposed the least publick tax upon his subjects during all his wars and exigences , by his own regal power , upon any pretext of publick necessity , danger , defence or safety of the realm against the numerous invading , plundering danish forces both by sea and land ; which our late and present aegyptian tax-masters may do well to consider . in the year of our lord . this king alfred and guthurn the dane , gave to the church of st. cutbert in durham , all the lands between weor and tyne , for a perpetual succession , free from all custome and secular services , with all customes , saca , and socua , and infaugtheof thereunto belonging , with sundry other privileges , which they ordained to be perpetually observed , non solum anglorum sed et danorum consentiente et collaudante exercitu ; by the consent and approbation of the army , not only of the english but danes also : has leges & haec statuta ( which proves that it was done by a parliamentary counsell then held in both their armies , ) quicunqu● quolibet nisu infringere praesumpserint , eos in perpetuum , nisi emendaverint , gehennae ignibus puniendos , anathematizando , sententia omnium contradidit . i pretermit the q welsh synods held under the bishops of landaff during king alfreds reign ( as sir henry spelman conjecture● , in whom the reader may peruse them ) where in the bishop of landaff and his clergy excommunicated some of their petty welsh kings for murder , perjury , violating the churches patrimony ; and injuring the bishops family ; who upon their repentance and reconciliation gave all of them some parcels of land to the church of landaff . the rather because i conceive them fabulous , there being no such form of excommunication used in those daies , as r sir henry spelman proves , nor any such episcopal synods held in england under king alfred himself . the barbarous danes having throughout all england with fire and sword utterly wasted and destroyed all cities , towns , castles , monasteries , churches , put most of the bishops , abbots , clergy to the sword , and almost quite deleted the knowledge of learning and religion out of the whole nation ; insomuch that there were very few spiritual persons on this side humber , who could either understand the common prayers in the english tongue , or translate anywriting out of latine into english ; yea so few , that there was not so much as one man on the south-side of the thames that could do it , till king alfred after his conquest of the danes in the latter part of his reign ) restored learning and religion again by degrees ; as this king himself records in expresse terms , in his epistle to bishop wulsug , by way of preface to his own translation of gregories pastorals into the english saxons language . king alfred deceasing , his son edward surnamed the elder , s succeeding his father in the year of christ , thereupon prince aethelwald his uncles son , aspiring to the crown without the consent of the king and nobles of the realm , seised upon oxlie and winburne : whereupon king edward marching with his armie against him to bath , he fled from winburne to the danes in northumberland for assistance : who being glad thereof , they all make him king and prince over all their kings and captains : whereupon they invading essex and mercia , king ed. raised a great army , chased them into northumberland , and harrowed the whole country to the lakes of northumberland ; where the kentishmen remaining ( contrary to the kings command , and messengers sent to them ) after the retreat of the rest of the army ; the danish army upon this advantage setting upon them , they gallantly defending themselves , slew their new king aethelwald , with king eorit , and sundry of their chief commanders , and many of their souldiers , though they lost the field . this king and edelfled his sister , queen of mercians , to prevent the frequent eruptions , plunders the danes , repaired many old ruinated towns , and built many new ones in convenient places , which they replenished with souldiers , to protect the inhabitants and repell the enemies , whereby the common people we●e so incouraged , and became such good souldiers , that if they heard of the enemies approach , they would fight and rout them , rege etiam & ducibus inconsultis in certamen ruerent , eisque semper numero & scientia praeliandi praestarent , ita hostes contemptui milit●bus , regi risui erant , as malmesbury writes . the country people themselves fighting with the danes at ligetune , put them to flight , recovered all the prey they had taken , and likewise the danes horses , as they likewise did in some other parts . amongst other places , this king repaired the walls of colchester , put warlike men in it , & certum eis stipendium assignavit ; and assigned them a certain stipend , as mat , westm . records , neither he , nor other our historians making mention of assigned wages , to any other garrisons or souldiers in that age ; at last the danes in most places throughout england , perceiving king edwards power and wisdom , submitted themselves unto him , elected him for their king and patron , and swore homage and fealty to him ; as likewise did the kings of scotland , northumberland , and wales . in the year of grace . this t king edward assembled a synod of the senators of the english nation , as malmesbury , or a great council of bishops , abbots , and faithfull people ( as matthew westminster , and others stile it ) in the province of the gewisii ; which by reason of the enemies incursions had been destitute of a bishop for years space . whereupon the king and bishops in this council , taking good advice , made this wholsom constitution ; that instead of bishops , whereof one had his sea at winchester , the other at schireburn , bishops should be created ; ne grex domini , absque cura pastorali , luporum incursionibus quateretur : whereupon they in this council elected bishops ; to wit frithstan , for winchester ; athelin for schireburn ; aedulfe for wells ; werstan for crideton , and herstan for cornwal ; assigning them their several sees and diocess ; and two other bishops for dorchester and cirencester , all consecrated by archbishop plegmond at canterbury in one day . wil. of malmesb. and some others write , that this council was summoned upon the letter of pope formosus , who excommunicated king edward with all his subjects , for suffering the bishopricks of winton and scireburn to be void for years space together : but this must needs be a great mistake , since pope formosus was dead ten years before this council , and before these bishopricks became void , and his pretended epistle to the bishops of england makes no mention at all of the king , as sir henry spelman well observes . in the year . u king edward made a peace and firm agreement with the danes of northumberland , and east-england , at intingford , when ( as some think ) he and guthurn the dane reconfirmed the civil and ecclesiastical laws formerly made and ratified by his father king alfred and guthurn . but guthurn dying in the year , full eleven years before this edward was king , could not-possibly ratifie these laws at the time of this accord , being years after his decease , as the title and prologue to those laws in mr. lambard and spelman erroneously affirm ; wherefore , i conceive , that this confirmation of these laws was rather made in the year . when all our historians record ; that after king edward ( anno . had sent an army into northumberland , against the perfidious and rebellious danes , slain and taken many of them prisoners , and miserably wasted their country for days space , for breaking their former agreement with him : after his sister aegelfled , an. . had forced the danes at york to agree , and swear , that they would submit to her and her brothers pleasure in all things ; and after edward had vanquished the other danes , scotch and welsh in many battles ; thereupon , in the yeat . the king of scots , with all his nation , stredded king of wales , with all his people , et regnaldus ( or reginaldus ) reginald king of the danes , with all the english and danes inhabiting northumberland ( of which reginald then was king ) comming to king edward , an. . submitted themselves unto him , elected him for their father and lord , and made a firm covenant with him ; and therefore i conjecture that guthurnus in the title and preface of these laws , is either mistaken , or else mis-written for reginaldus then king of these northern danes , who had no king in the year , that i can read of in our historians . x abbot ethelred , gives this encomium of this kings transcendent modesty and justice , rex edwardus , vir mansuetus et pius , omnibus am abilis et affabilis , adeò omnium in se provocabat affectum , ut scotti , cumbri , walenses , northumbri , et qui remanserant daci , eum non tàm in dominum ac regem , quam in patrem eum omni devotione eligerent . tanta dehinc modestia regebat subditos , tanta justitia inter proximum et proximum judicabat , ut contra veritatem non dico nihil velle , sed nec posse videretur ; unde fertur quibusdam iratus dixisse ; dico vobis , si possem vicem vobis redidissem , quid non posset rex in subditos , dominus in servos , potens in infirmos , dux in milites ? sed quicquid non dictabat aequitas , quicquid veritati repugnabat , quicquid non permittebat justitia , quicquid regiam mansuetudinem non decebat , sibi credebat impossibile . i wish all our modern domineering grandees would imitate his presidential royal example . yet i read of one injurious act done by him , y after the decease of his renowned sister elfleda , queen of mercia , anno . he dis-inherited her only daughter alfwen ( or elwyn ▪ his own neece ) of the dominion of all mercia , who held that kingdom after her mother , seising and garrisoning tamesworth , and nottingham first , and then disseising her of all mercia , uniting it to his own realms , and removing her thence into west-sex . magis ●urans an utili●èr vel in utilitèr , quan an juste vel injustè : writes henry humingdon . which innrious action , si violanda sit fides regni causâ violanda , will not excuse . the chronicle of bromton records , that king edward as he inlarged the bounds of his kingdom more than his father ; so leges condidit , he likewise made laws to govetn it : which are there registred to posterity in two parcels , as made at several times , but in what year of his reign this was , it informs us not , the first of these laws , declaring his zeal to publick justice , according to the laws then in force , is this . edwardus rex mandat et praecipit omnibus praefectis et amicis suis , ut justa judicia judicent , quam rectiora possint , et in judiciali libro stant ; nec parcant nec dissimulent pro aliqua re populi rectum et jus publicum recitare ; et unum quodque placitum terminum habeat quando peragatur , quod tunc recitabitur . the first chapter of the second part of his laws intimates , that they were made by his wtse men assembled in a parliamentary council at exeter ; witness the contents thereof . edwardus rex admonuit omnes sapientes quando fuerunt exoniae , ut investigarent simul et quaererent ; quomodo pax eo rum melior esse possit quàm anteà fuit ; quia visumest ei , quod hoc impletum sit aliter quam deceret , et quam aute à praecepisset , inquisivit it aque qui ad emendationem velint redire , et in societate permanere quâ ipse sit , et amare quod amat , et nolle quod nolit , in mari & in terrâ . hoc est tunc , ne quisquam rectum difforceat alicui . siquis hoc faciat , emendet sicut supra dictum est ( in his first laws then either made or rehearsed ) prima vice s. secundâ similitèr , ad tertiam vicem s. regi . the last chapter , being the viii in bromtons translation , ( but the xi . in the saxon coppy ) is this . volo ut omnis praepositus habeat gemotum ( an hundred court ) semper ad quatuor hebdomadas ; et efficiat ut omnis homo rectum habeat , et omne placitum capiat terminum quando perveniat ad finem ; siquis hoc excipiat , emendet , sicut antè dictum est . king edward deceasing , a aethelstan his eldest son ( designed by his fathers will to succeed him ) was elected king at winchester in the year . magno optimatum consensu et omnium favore ; and solemnly crowned at kingston , only one alfred , and some factious ones opposed his election , pretending he was illegitimate and born of a concubine , whereupon they would have set up his brother edwin being legitimate and next heir as they pretended ; whom the generality of the nobles rejected , nondum ad regnandum propter teneros annos idoneo . aethelstan after his coronation knowing his brother to be born in lawfull matrimony , and fearing ne per ipsum quandoque regni solio privaretur , lest he should be some time or other deprived of his kingdom by him , hated him extremely ; and at the sollicitation of some parasites , whereof his cup bearer was the chief , to be rid of him and this his fear , he caused young edwin , attended only with one page , to be put into an old broken boat in the midst of the sea , without sail , oare , or pilate , that so his death might be imputed to the waves ; out off which boat the young prince in discontent cast himself head-long into the sea ( or rather the page threw him head-long over-board , ) and so was he drowned : but the page recovering his body , by rowing with his hands and feet , brought it to land where it was interred . the king was hereat so troubed with a real ( or feigned ) contrition for this barbarous bloudy fact , that he did seven years voluntary penance for this his fratricide , and adjudged his cup-bearer to a cruel death , who gave him this ill advice ; and to pacifie his brothers ghost and his own conscience , built two new monasteries at middleton and michelresse , and there was scarce any old monastery in england which he adorned not either with buildings or ornaments , or books or lands , to expiate this his bloody crime . in this king aethelstans reign in the year . there were fiery beams and meteors seen throughout all the northern parts of england ; soon after which athelstan resolved utterly to extirpate the perfidious nation of the danes , and treacherous scots , which had violated their agreement made with his father , whereupon he marched with a great army by land , and navy by sea into northumberland and scotland , wasted and harrowed the country without resistance , forced guithfrith king of northumberland out of his kingdom , uniting it to his own realm , vanquished and overcame howel king of wales , constantine king of scots , anlafe the dane , and others in a set battel , drove them out of their realms , and forced them to submit to him : who upon their submission , knowing the chance of war to be variable , and pitying the cases of these down-cast princes , restor'd them presently to their former estates , with this princely speech that it was more honour to make a king , than to be a king : yet these petty kings , princes rebelling afterwards , & siding with anlafe against him , were all rou●ed by athelstane , king constantine of scotland , with five more of these kings , dukes , and most of their army slain in one battel , principally by the valor of turketulus , and the londoners , an. : whereupon the petty kings of wales , contracted to pay him a yearly tribute of pound weight of gold , and of silver , and head of cattel , with a certain number of hawks and hounds , which no king of england ever exacted or received from them before . b william of malmeshury ( who exceeds in his praises ) writes , that it was truly reported of him amongst the english , quod nemo legalius vel literatius rempublicam administraverit ; that no king governed the commonwealth more legally or learnedly than he , being as c ingulphus records , guided and directed by turketulus , his chancellour , a man of great integrity , honesty , and piety , of prof●und judgement , whose decrees upon debate were irrefrag●ble . this king athelstan , for the better administration of justice , enacted sundry excellent , civil , and ecclesiastical laws , recorded in bromt. lamb. & spelm. the first of these his laws , were made and enacted in the famous d couneil of grately , about the year , in which the king himself , wulfehelm archbishop of came bury , and the rest of the bishops , and all the nobles and wisemen which king ethelstan could assemble , were present , who all ordained and confirmed these laws in this great council , as the last chapter 〈◊〉 of informs us in these words . totum hoc institutum est et confirmatum , in magno synodo apud grateleyam , cui archi piscopus 〈…〉 et omnes dptimates , et sapientes , quos adelstanus rer potuit congregare : or , cum. dptimates et sapientes ab aethelstano evocati frequentissimi , as another copy renders it : which proves , that all the members of this council were summoned to it by this kings writ , and not elected by the peoples suffrages . and although the archbishops , bishops , and other clergy men were the chief advisers of the ecclesiastical laws , made in this council , as this prologue to them attests : ego aethelstanus rex ex prudenti u●fhelmae archiepiscopi , aliorumque episcoporum et servorum dei consilio mando ; yet they were all enacted and confirmed by all the nobles and wisemen in the council , as the premises evidence . in this council , the king commanded by his laws , all his officers , that they should demand and exact from his subjects such things and duties only as they might justly and lawfully receive , adding this memorable reason for it ; nunquam enim erit populo bene consultum , nec digne deo conservabitur , ubt lucrum impium et magis falsum diligitur , ideo debent omnes amici dei quod iniquum est , enervare , quod justum est elevare ; non pati ut propter falsum , et pecuniae quaestum , se forisfaciant homines , ergà ●ere ●ap●entem deum cui displicet omnis injustitia : which i wish all our unrighteous covetous tax-masters , excisers and exacters would now seriously consider : after which it follows , christianis autem omnibus necessarium est , ut rectum diligant , ut iniqua condemnent , et saltem sacris ordinibus erecti justum semper erigant et prava deponant : hinc debent episcopi cum saeculi judicibus interesse judiciis , ne permittant , si possint , ut illinc aliqua pravitatum germina pullulaverint . and to avoid all arbitrary proceedings , oppressions , and injustice in all things , this council by positive laws ascertains all fines , amerciaments , imprisonments , and corporal punishments for criminal offences , from which the judges might not vary . and withall defines , what armes every man should find in those times of war , against the danes and other enemies by his positive law , lex . ( sax. . ) omnis homo habebit duos homines cum bonis equis de omni carucâ . king ethelstane after this council at grately ( what years is not expressed ) assembled several other parliamentary councils at exeter , fevresham , and thunderfeld ; wherein he and his wisemen , by common consent , confirmed the laws made at grately , altering some of them in certain particulars , and adding some new laws unto them , as you may read at large in bromton , and as the first chapter , and this prologue to those laws assure us . e haec sunt judicia quae sapientes exoniae consilio adelstani regis instituerunt , & iterum apud fevresham et tertia vice apud thundresfeldiam ubi hoc definitum simul et confitmatum est ; et hoc imprimis est , ut observentur omnia judicia quae apud grateleyam imposita fuerint , praeter mercatum civitatis , et diei dominicae . the cause of making these new laws , and confirming the old , was , a complaint to the king in the council at exeter , that the peace and laws made at grateley , were not so well kept as they should be ; and that theives and malefactors abounded ; as this prologue manifests , f ego adelstanus rex notifico vobis , sicut dictum est michi , quod pax nostra pejus observata est quam michi placet , vel apud grateleyam fuerit institutum : et sapientes michi dicunt , quod hocdiutius pertuli quàm debueram ; nunc inveni cum illis sapientibus , qui apud exoniam fuerint mecum in sancto natali domini , quod parati sunt omninò quando velim , cum seipsis & uxoribus , & pecunia , & omni re suâ ire quo tunc voluero , nisi malefactores requiescant eo tenore quo nunquam deinceps in patriam istam redeant , &c. in the council of fevresham in kent , the king by some of his wise-counsellors sent thither to it , propounded some things for the weal and peace of the country , together with his pardon for fore-past offences ; which they upon debate assenting to , and drawing up into sundry heads , returned to the king for his royal assent , with this memorable gratulatory prologue ; which most truly representing unto us the proceedings in the great councils of that age , i thought meet entirely to transcribe . g karissime , episcopi tui de kent , & omnis kentescire , thayni , comites , & villani , tibi domino dilectissimo suo gratias agunt , quod nobis de pace nostra praecipere voluisti , & de commodo nostro perquirere & consulere , quia magnum opus est inde nobis divitibus & egenis . et hoc incepimus quanta diligentia potuimus , consilio horum sapientum quos ad nos misisti , unde karissime domine , primum est , de nostra decima , ad quam valdè cupidi sumus & voluntarii , & tibi supplices gra●ias agimus admonitionis tuae . secundum est , de pace nostrá quam omnis populus teneri desiderat , sicut apud grateleyam sapientes tui posuerunt , et sicut etiam nunc dictum est in concilio apud fefresham . tertium est , quod gratiant omnes misericorditur hermerum dominum suum , de dono quod forisfactis hominibus concessi●ti ; hoc est , quod pardonatur omnibus forisfactura de quocunque furto quod antè concilium de fefresham factum fuit , eo tenore quo semper deinceps ab omni malo quiescant , et omne latrocinium confiteantur , et emendent hinc ad augustum . quartum , ne aliquis recipiat hominem alterius sine licentia ipsius , cui prius folgavit , nec intra marcam , nec extra , et etiam ne dominus libero homini hlasocnam interdicat , si rectè custodierit eum quintum , qui ex hoc discedat sit dignus eorum quae iin scripto pacis habentur , quod apud grateleyam institutum est . sextum , si aliquis homo fit adeo dives , vel tantae parentelae quod castigari non possit , vel illud cessare nolit , ut efficias qualiter abstrahatur in aliam partem regni tui , sicut dictum est in occiduis partibus , sit alterutrum quod sit , sit comitum , sit villanorum . septimum est , ut omnis homo teneat homines suos in fide jussione suâ , contrà omne furtum . si tunc sit aliquis qui tot homines habea● quod non sufficiat omnes custodire , praepositum talem praeponat sibi singulis villis qui credibilis ei sit , & qui concredat hominibus . et si praepositis alicui eorum hominum concredere non audeat , inveniat xii plegios cognationis suae qui ei stent in fide jussione , et si dominus vel praepositus , vel aliquis hoc infringat , vel abhinc exeat , sit dignus eorum , quae apud grateleyam dicta sunt , nisi regi magis place at alia justitia . octavum , quod omnibus plac●it de scutorum opere , sicut dixisti . precamur domine misericordiam tuam , sit in hoc , sit in alterutrum , velnimis , velminus , ut hoc emendare jubeas juxta velletuum . et nos , devotè parati sumus ad omnia quae nobis praecipere velis , quae unquam aliquatenus implere valeamus . after this there was another kind of parliamentary council held at london , & not long after that , another at thithamberig wherein many consultations were had , & propositions made for suppression & punishment of theeves and keeping of the peace , which the justices , commissioners , and others appointed to keep the peace , and to take sureties of all men to the keeping thereof , concluded upon at london , and after submitted to the kings council , to enlarge or alter , as he should see cause ; who thereupon made some alteration and mitigation at thithamberig , of what the king thought over-severe , in putting to dea●h those who were above years of age , for d . value , as these passages attest , declaring the proceedings of that parliamentary council . ( h ) hoc consultum est , quod episcopi et praepositi qui londoniensi curiae pertinent , edixerunt , & jurejurando confirmavernnt in suo fridgildo ; comites & villani in adjectione judiciorum , quae apud grateleyam & exoniam instituta sunt , & iterum apud thundresfeldam . cap. . et est imprimis haec , non parcatur alicui latroni supra annos et supra d. de quo verè fuerit inquisitum quod reus sit , quin occidatnr , & capiatur omne quod habet , &c. cap , . nec tacendum est vel praerereundum , si dominus noster vel praepositorum nostrorum aliquis ullum augmentum excogitare possit , ad nostrum fridgildum ; ut hoc gratanter excipiamus , sicut nobis omnibus convenit , & nostrum necesse sit , & in deo confidimus , et regni nostri domino . cap. . si totum hoc ita complere volumus , res totius populi meliorabitur contra fures quam antea fuit , & si remissius egerimus de pace & vadiis quae simul dedimus , & quam rex nobis praecipit , timere possumus , vel magis scire quod fures isti regnabunt , plus quam antè fec erunt , si fidem teneamus , et pacem sicut domino nostro placeat , quia magnum opus est ut insistamus et peragamns quod ipse velit , et si amplius praecipiat cum omni jocunditate et de votione parati sumus . cap. . item quod sapientes omnes dederunt vadium suum , insimul archiepiscopo apud thundresfeldam quando ealpheagus , scyb , et brithnodus odonis filius veneruut ad concilium ex ore regis , ut omnis praepositus vadium capiat in suo comitatu de pace servandâ sicut adelstanus rex apud fefresham , et quartâ vice apud thundresfeldam coram archiepiscopo , et episcopis , et sapientibus , quas ipse rex nominavit qui interfuerunt et judicia conservaverunt quae in hoc concilio fuerunt instituta , &c. cap. . item quod adelstanus rex praecepit episcopis suis et praepositis omnibus in toto regno suo , ut pacem it a custodiant sicut recitavit , et sapientes sui . cap. . item rex dixit nunc iterum apud thitlan birig sapientibus suis , et praecepit ostendi atchiepiscopo et caeteris episcopis , quod ei miserabile videtur , quod aliquis tàm juvenis occidatur , vel protàm parvâ re sicut innotuit ei quod ubique fiebat ; dixit itaque , quod ei videbatur et eis cum quibus hoc egerat , ne aliquis occidatur junior quam quindecim annorum , nisise defendere velit , vel aufugere , et in manus ire velit , ut tunc deducatur , sir major sit minor , qualiscunque sit , si se dederit ponatur in carcere , sicut apud greateleyam dictum est , et per idem redimatur &c. praecepit rex ne aliquis occidatur pro minori precio quam d. nisi fugiat vel repugnet , ne dubitetur tunc licet minus . si haec ita conservemus , in domino deo confidimus quod pax nostra melior erit quam antea fuit . as these passages demonstrate the proceedings of the parliamenrary councils in that age , ( unknown to most , for which end i have transcribed them at large ) so they clearly prove , that theeves or felons ( much lesse other english freemen ) could not be imprisoned , killed , put to death , fined or ransommed , but by special acts , and laws made in general parliamentary councils , nor any laws made , enacted , or altered in such councils , but by the kings royal assent thereto , who then frequently summoned them , and all the members ofthem , by writ and nomination , without the peoples election . henry de knyghton , de eventibus angliae l. . c. . and i some other fabulous authors relate , that in the eighth year of king aethelstans reign , olaus king of denmark , golanus king of norwey , and the duke of normandy , with dukes and hundred thousand souldiers , arived in england , bringing with them out of africa , a giant called colybrand , the strongest and most famous at that time throughout the world ; whereupon king aethelstan hearing of their comming , congregavit magnates , assembled his noblemen at winchester , to advice with them , how they might resist the enemies and fight with them in battel ; thar whiles king aethelstan vacaret tali concilio et congregatione populi sui in wintonia , the foresaid kings came upon him with their army , and besieged him cum baronia sua with his batons , in that city for two years space . neither durst the english fight with them by reason of their multitude and power . in the mean time they made this agreement , that king aethelstan , should find out one champion to fight a single duel with colybrand ; that in all future times the realm of england should be held of the king of denmark under a tribute , and if colybrand were conquered by aethelstans cham●ion , then olaus should forfeit and disclaim the realm of england for him and his heirs for ever , and no king of denmark should afterwards lay claim to the realm of england , nor yet molest it . that the king in near one whole years space , could not find out a champion to encounter colybrand ; whereupon he and his nobles were very much troubled . at last , god by an angel from heaven , directed the king to find out guy of warwick , comming thither as a pilgrim , who undertook to encounter colybrand ; and after a sharp battel with him in the view of both kings and their armies , cut off one of his hands , and after that his head . by which victory the whole land of england enjoyed the unviolated privilege of rest and liberty from the danish king , untill cnute king of denmark gained the realm of england from edmund ironside . but this relation being contrary to the truth of history , and the stream of all our historiographers , i shall repute it meerly fabulous ; though i could not well omit it , for that relation it hath to this my theame an● precedent propositions . k william of malmesbury and others out of him record , that elfrid ( a noble man ) who opposed aethelstans title to the crown , though in vain , intended to have seized on him at winchester , and put out his eyes ; but his treason being discovered before it came to the accomplishment , he was taken and sent to rome to purge himself by oath ; where before the altar of st. peter and pope iohn the th , he adjured the fact , and thereupon fell suddainly down dead to the earth , and being carried from before the altar by his servants to the english school , he there died within three daies after . upon this the pope sent to the king , to advise what he should do with him , and whether he should allow him burial with other christia● corps ? the king hereupon assembling a council of his nobles , to advise about it ; optimates regionis the nobles of the realm with a great company of elfrids kindred , earnestly requested of the king with great humility , that his body might be committed to christian burial the king consenting to their request , acquainted the pope therewith ; who granted him christian burial , though unworthy . hereupon the nobles adjudged all his lands and possessions great and small , to the king ; who by their consent , granted and confirmed them all to the abby of malmesbury by his charter , wherin he recites ; sciant sapientes regionis nostrae , non has praefatas terr as me injustè rapuisse , rapinamque deo dedicasse , sed sic eas accepi quemadmodum judicaverunt omnes optimates regni anglorum . insuper et apostolicus papa romanae ecclesiae johannes ; after which , reciting the treachery , perjury and death of elfred , with his condescention to his nobles and friends request aforesaid , he concludes thus . et sic adjudicata est mihi tota possessio ejus in magnis et modicis . sed et haec apicibus praenotamus literarum , ne quamdi● christianitas regnat , aboleatur ; unde mihi praefata possessio , quam deo et sancto petro dedi , donatur ; nec justius novi quam deo et sancto petro hanc possessionem dare , qui aemulum meum in conspectu omnium cadere fecerunt , et mihi prosperitatem regni largiti sunt . to which malmesbury subjoyns . in his verbis regis sapientiam , et pietatem ejus in dei rebus suspicere par est : sapientiam , eo quod animadverterat , juvenis presertim , non esse dei gratiosum de rapinâ holocaustum . pietatem , eo quod munus ultione divin● collatum , deo potissimum non ingratus rependeret . from whence i shall only observe , that elfrid being a peer of the realm , dying perjured as asoresaid , was adjudged to forfeir all his lands for treason after his death only by his peers in a parliamentary council , and that if the king had seized on them without their judgement , it had been an unjust rapine , by his own confession ; but being legally confiscated to him by their judgement , it was no rapine , but justice for him to seize , and piety to dispose of them at his pleasure to this church . what churches and m●nasteries he built and repaired throughout the realm ; what lands he restored to st. augustines church at canterbury on the day of his coronation ( by the assent of his bishops and nobles ) though long detained from it ; and how he gave the lands of folcastan , in kent , escheated by the danes destruction of the nunnery there , to christ-church in canterbury , you may read in the l marginal authors . m william of malmesbury informs us , that baldwin earl of flanders , sent embassadour by hugh king of france , to king ethelstan , to demand his sister for his wife , brought over with him divers rich presents ; and reliques ( amongst others , the sword of constantine the great , the lance of charls the great , and one of the nails that pierced our saviours body , set in plates of gold ; a piece of our saviours cross inclosed in a christal case &c. all which he presented to the king and lady ) cum in conventu procerum , apud abindonium proci postulata exhibuisset : which intimates , that this king consulted with an assembly of his nobles about his sisters marriage to the king of france , as a mater of parliamentary consideration . ingulphus hist . p. , , . records , that turketulus was his chancellor and chief counsellour , who affected not honors and riches , refused many bishopricks offered him by the king , tanquam tendiculas satanae ad animas evertendas ; and would never accept of any bishishoprick all his life , being content only with his own lands and wages : that all his decrees were so just and legal , that they remained irrevocable , when once made : that he was a great souldier , and fought most valiantly against the danes , and often gloried and said , he was most happy in this , that he had never murdered nor maimed any one , cum pugnare ●ro patria , & maximè contra paganos licite quisque possit ; he esteeming the slaughter of such pagan enemies in defence ef his country , lawfull , and no murther nor maim . king aethelstan , deceasing without i●●ue , his brother edmund succeeded him an. . who upon the false suggestions of some of his souldiers and courtiers , dedeprived dunstan ( whom he had made his chancellour , and one of his privy council , yea ranked amongst the royal palatines and princes of his realm ) of all his dignities and offices . the very next day after , being like to break his neck as he rod a hunting over a steep rock , had not his horse miraculously stopped at the rocks brink in his full carier , he immediatly sent for dunstan , and to repair the injury done him , rod presently to glastonbury , and made him abbot thereof . presently after , anlaffe king of norwey , whom aethelstan had driven out of the kingdom of northumberland , came with a great navy and army to york , being called in by the perfidious and rebellious northumberlanders , who instantly revolted to him , and elected him for their king. whereupon he marching southward with a puissant army , purposing to subjugate the realm of england to himself , king edmund gathering his forces together , encountred him , and after a bloody battel fought a whole day between them at leicester , with great loss on both sides , odo archbishop of canterbury and welstan archbishop of york perceiving the danger on both parts , and the destruction of the realm , made this agreement between them ; that anlaffe should quietly enjoy the whole northeast part of england , lying north of watlingstreet ; and edmund all the southern part thereof , during their joynt lives , and the survivor of them enjoy the whole realm after the others decease : but anlaffe soon after wasting the church of st. balter , and burning tivinagham with fire , was presently seised on by gods avenging judgement , and miserably ended his life . about the year . o hoel dha , prince of all wales , sent for six laymen , eminent for authority and knowledge , out of every kemut , or hundred of his realm , and all the archbishops , bishops , abbots , & priors of his realm , dignified with a pastoral staff ; who continuing all together , in prayer , fasting and consultation all the lent , did in this welsh patliament , make and enact many civil and ecclesiastical laws , which they divided into parts and books , for the better government of the realm and church ; which you may read in spelman . in the law whereof they thus determine : tres autem sunt homines quorum nullus potest per legem impignorare contra aliquod iudicium : primus est rex , ubi non poterit secundum legem in lite stare coram judice suo agendo vel respondendo , per dignitatem naturalem , vel per dignitatem terrae , ut optimas , vel alius . so that by the laws of those times , not only the kings of england , but even the petty kings of wales were by their very natural and royal dignities , exempted from all personall tryals and judgements against them in any courts of justice , seeing they had no peers to be tryed by . in the year p reingwald ( or reginald ) the dane comming with a great navy into northumberland , slew most of the best inhabitants of that realm , or drove them out of it . he likewise seized upon all the lands of st. cutbert , and gave his lands to two of his souldiers ; one of them called scula , who afflicted the miserable inhabitants with grtevous and intollerable tributes ; whence even unto this day , the yorkshire-men as often at they are compelled to pay tributum regale , a royal tribute , endeavour to impose a pecuniary mulct on the land which this scula possessed , for the easing of themselves . scilicet legem deputant , quod paganus per tyrannidem fecerat , qui non legitimo regi anglorum , sed barbaro et aliegenae et regis anglorum hosti militabat . nec tamen quamvis multum in hoc laboraverint , pravam consuetudinem huc usque sancto cuthberto resistente introducere potuerunt ; writes simeon dunelmensis . the other part of those lands one onlasbald seised upon ; who was much more cruel and oppressive to all men than scula ; extraordinarily vexing the bishop , congregation , and people of saint cutbert , and particularly seising upon the land belonging to the bishoprick ; whereupon the bishopoft endeavouring by perswasion to draw him to god , and entreating him to lay aside the obstinate rigor of his mind , and refrain himself from the unlawfull invasion of the churches lands , else if he contemned his admonitions , god and st. cutbert would severely avenge the injuries done by him to them , and others . he with a diabolical mind contemning his admonitions and threats , swore by his heathen gods , that he would from thenceforth be a more bitter enemie towards st. cuthbert and them all , than ever he was before ; whereupon the bishop with all his monks falling prostrare on the earth , earnestly prayed to god and his holy confessor , to annul those proud tyrants threats ; who was then comming into the place where they were praying , having one foot within the door , and the other without ; in which posture he stood there immovably fixed , as if both his feet had been nayled , being able neither to go out nor come in , but standing immovable , till being long thus tortured , he there gave up his miserable soul in the place : with which example all others being terrified , would no further presume by any means to invade the land , nor any thing else belonging of right to the church . q anno . the rebellious o northumberlanders preferring disloyalty before the fealty which they owed unto magnificent edmund king of england , elected anlaff ( king of the norwegians ) for their king , son to the former anlaff ; who perishing suddenly for his sacrilege ( as aforesaid ) he and reginald , the son of garthfrith , after their baptism , breaking their faith and agreement with king edmund , by invading his dominions . edmund thereupon by force of armes expelled them both out of the realm of northumberland , and united it to his own kingdom ; and wrested lincoln , nottingham , derby , leicester , and stamford out of the hands of the usurping , insolent , oppressing danes , with all mercia ; subduing and reducing the monarchy of all england unto himself ; extirpating all the pagan danes with their infidelity ; restoring christianity to its lustre , and the english to their possessions and liberties . the year following he wasted and subdued all cumberland , and pillaged the people of all their goods : and because the people of that country were perfidam & legibus insolitam , perfidious and unaccustomed to laws , so that he could not totally subdue and civilize them , having harrowed it with his army , and put out the eyes of the two sons of dummail , king thereof , he gave the country to malcolm king of scots , to be held of himself , upon this condition , that he should assist him , and defend the northern parts of england by land and sea from the incursions of invading enemies . this king edmund after the conquest and expulsion of his enemies , by the advise of dunston and his chancellour turketulus , r made good lawes , and ordinances , ecclesiastical and civil , for the government of his realm ; for which purpose , about the year of our lord , he assembled a parliamentary council of the clergy & laity at london , to consult and advise with them in the making of his lawes . which the proems to them , thus expresse . edmundus rex ipso solenni pascatis festo frequentem londini tam ecclesiasticorum quam laicorum caetum celebravit , as one version out of the saxon ; or , congregavit magnam synodum dei ordinis et saeculi ; as another translation renders it ; cui interfuit , odo , et vvulstanus archiepiscopi , et alii plures episcopi , ut animorum suorum , et corum omnium , qui eis curae sunt , consuleretur saluti ; and this proem of king edmund , himself thus seconds , ſ ego edmundus rex omnibus qui in ditione ac potestate meâ sunt , senibus & juvenibus , clare significo , me à scientissimis regni mei in celebri ecclesiasticorum quam laicorum frequentiâ , studiose requisivi●●e , quo tandem pacto christiana proveheretur fides , &c. or , mando , & praecipio omni populo seniorum & juniorum qui in regione mea sunt , ea quae investigans investigavi cum sapientibus clericis & laicis : in this council there were three parcels of laws made ; the one , meerly ecclesiastical ; the other , meerly civil ; the third , mixt of bo●h . and in this council , i conceive , the constitutions of archbishop odo were read and ratified . the greatest part of the civil laws there made , were against murder , bloodshed , fighting , breach of peace , theft and perjury : in the last parcel of these laws , cap. . the king gives god and them thanks , for assisting him in making these laws , in these words ; maximas autem & deo & vobis omnibus ago gratias , qui me auxilio vestro in hac pacis quam nunc ad profligandos sures sancivimus , le ge adjuvistis ; ac vehementèr confido , eo vos propensius nobis in posterum opitulaturo● , quo hujus decreti observatio magis videbitur necessaria . about the same year , . t this king assembled another parliamentary council of his bishops and wisemen at culinton , where they enacted other laws , principally against theeves , together with an oath of allegiance to king edmund , thus prefaced . haec est institutio quam edmunds rex , & episcopi sui , cum sapientibus suis instituerunt apud culintoniam de pace & juramento faciendo . the two first of these laws i shall transcribe as pertinent to my theam . cap. . imprimis , ut omnes jurent in nomine domini , pro quo sanctum illud sanctum est , fidelitatem edmundo regi , sicut homo debet esse fidelis domino suo , sine omni controversiâ & seditione , in manifesto , in occulto , in amando quod amabit , nolendo quod nol uit ; et̄ antequam iuramentum hoc dabitur , ut nemo concelet hoc in fratre vel proximo suo plus quam in extraneo . cap. . vult etiam , ut ubi fur pro certo cognoscetur twelfhindi et twifhindi ( that is meu of or s. land by the year ) consocientur et exuperent eum vivum , vel mortuum , alterutrum quod pot●runt ; et qui aliquem eorum infaidiabit , qui in eâ quaestione fuerint , sit inimicus regis et omnium amicorum ipsius . et si quis adire negaverit , et coadjuvare nolit , emendat regi cxx s. vel secundum hoc pernegat quod nescivit , et hundredo xxx s. from whence it is apparent , that all oaths of allegance ; and laws against theeves and other malefactors , were then made and enacted in parliamentary councils assembled for that purpose , and all fines , for offences imposed , and reduced to a certainty only by parliament . and by the last parcel of king edmunds laws in bromton , it seems , the manner of contracting marriage was then prescribed and setled by a parliamentary council . this king u edmund , as he gave and restored by his charters to christ-church and st. augustines in canterbury several lands unjustly taken away from them by his predecessors , free from all secular services , except expedition and building of bridge and castle ; and ratified the laws and privileges of st. cutberts church at durham , by consent of his bishops and nobles ; so likewise , x anno . he granted by his charter , ( written in golden characters ) sundry large liberties , together with ●he mannor of glastonbury to the abbey of glustonbury , consilio et cons●n●u op imat●m meorum ( then assembled in a parliamentary council at london ) ratifying the privileges gr●nted to the monastery by king edmund his father , e●frid , ce●twine , ina and cuthred ; et nè quisquam mortalium ; seu episcopus , vel dux aut princeps , aut quilibet ministrorum eorum audeat eam omnino intrare causa placitandi , vel capiendi , vel quidquam faciendi , quod contrarium fore possit intbi deo servientibus , dei indictone prohibuit . y in the year . this king edmund gave many lands and privileges tothe monastery of st. edmundsbury , by his charters ; quam subscriptione . episcorum , comitum et baronum pia devotione roboravit , ( most probably in the parliamentary council , of london , at culington where they were all assembled . ) z king edmund , in the year . celebrating with great solemnity the feast of st. augustine ( which the english accustomed to celebrate every year ) at canterbury , as some ; or at pulcherkirke ( now at puckel-church in glostershire ) as others , or michelesberith , as matthew westminster stiles it ) as he was sitting at dinner in the hall amidst his nobles and courtiers espyed a notable thief called leoff ( whom he formerly banished for his theft ) stand in the hall : whereupon he not enduring his sight , commanded his butler to thrust that thief presently out of the palace : who refusing to depart upon the kings command and resisting the butler , the king therupon in a rage rising suddenly from the table , took the thief by the hair , and threw him to the ground : whereupon the traitor feeling himself hurt , and the king iying upon him , presently drew out his knife ; which he carried secretly about him , ript up the kings bowels and slew him with it ; which the knights and souldiers perceiving , rushed all upon the thief , and with their swords and knives chopped all his flesh and bones into small pieces . some historians write , that he slew some of the kings followers likewise , and wounded more of them , and so escaped in the midst of the tumult , sicque clarum regalis convivii principium , nebulosus rerum gestarum exitus terminavit . communi ergo decretum concilio : it was thereupon decreed by a common council , that his body should be interred in glastonbury abby . abbot ethelred gives this encomium of him . erat autem patris edwardi in omnibus imitabitor , homo simplex & rectus , et timens deum , et usque ad finem vitae suae permanens in innocentiâ suâ . ( b ) edred his brother , succeeded him the same year in the throne , and was crowned king at kingston by odo b archbishop of canterbury ; edwin and edgar king edmunds sons , being put by , because of their infancy ; quia tepugnante legitimâ aetate patri succedere non valebant , as matthew westminster renders the reason . no sooner was he crowned , but entring it to northumberland , with a great army , he subdued the rebellious northumberlanders , who refused to bear the yoak of his government , reducing them all under his obedience . wherupon wulstan arcbbishop of york , and all the nobles of the northumberlanders swore fealty to king edred , which they did not long observe . after which king edred entred with banners displayed into scotland , whereupon the scots , strucken with a fear , without any resistance , or war , swore homage and fealty to him as to their true lord , as well as the northumberlanders ; which oath they soon violated : for no sooner was edred returned with his army into the southern parts , but anlaff who was chased out of northumberland , returning thither again with a great flee● , was joyfully received by the northumberlanders , andrestored by them to the throne of the kingdom , which he kept by force near four years . but in the fourth year the northumberlanders using their accustomed treachery and disloyalty , chased away their king anlaff , and received hirc or e●icus son of harald , for their king , who held the kingdom but a short time ; for the people of the conntry , not long enduring any king as they had lightly received hirc for their king , so in the third year of his reign , they as lightly rejected him , and calling king edred to them of their own accord , received him again for their soveraign , and set him in the throne , as huntinton records . but malmesbuty , roger hoveden , and , others relate ; that king edred anno was soincensed with the northumberlanders for their treachery towards him , in chusing hirc for their king , against their oath of allegiance sworn to him ; that he wasted all norshumberland with fire and sword and famine , et penè ex hominibus delevit ; but some of the northumberlanders in his return from thence , sallying out of york with their forces , cut off some of the rear of his army ar cesterford ; wherwith king edred was so enraged , that he resolved presently to return , et totam illam terram penitus desere , and ututterly to destroy all that country . which the northumberlanders hearing , they were so terrified , that they rejected their new king hirc , and received edred for their soveraign , satisfying the king with honors , and the damages and wrongs they had done unto him , with gifts , and no small sums of mony. these treacherous rebellious northumberlanders after edred and hirc , had no particular king at all to rule over them , but only dukes , whose names and successions ( with their treachery towards and rebellions against them ) you may read at leisure in roger hoveden , who subjoyns the history of them immediately to this relation . this king edred ( about the year . c close imprisoned wulstan archbishop of york in withaubrig , and suspended him from his archbishoprick , near a whole year , for certain causes of which he had been frequently accused to him ; but especially for countenancing and harbouring the rebellious perjured northumberlanders and the danes , a heathen people , who not only sought to destroy his native country , but also to root out christian religion , for which he deserved a thousand deaths : and exciting them both against his soveraign king edred , contrary to their oath ; and for killing the citizens of thatford in a tumultuous manner in revenge of the death of abbot adelm , whom they had causelesly murdered . norwithstanding all which , about a year after he was enlarged and restored to his bishoprick ; malmesbury and abbot ethelred , record of king edred , that he made his palace altogether a school of virtues , obeying dunstans counsels in all things , et justissimis legibus subditos regens , and governed his subjects by most just laws . i read only of one great parliamentary council held under king edred , and that was at d london , in the year . in the feast of the virgin maries nativity ; cui universi magnates regni , per regium edictum summoniti , tam archiepiscopi , & episcopi , & abbates , quam caeteri totius regni proceres & optimates , londini convenissent , ad tractandum de negotiis publicis totius regni ; as ingulphus and others record . in which parliamentary council , when all the publike affairs were finished ( which as it seems concerned the making and carrying on of that war against the rebellious , treacherous northumberlanders , who brake their faith with king edred , and set up a king of the danish race , as aforesaid , ) the king in the presence , and by the consent of them all , restored , granted and re-confirmed by his charter ( dictated by abbot turketulus heretofore his chancellour ) all the lands and liberties formerly granted by kings and others to the abbey of croyland , with sundry mannors then given to it by turketulus himself : wherein ( amongst other liberties ) he granted to the monks ; quod sint quieti & soluti ab omni scotto , geldo , auxiliis vicecomitum , hydagio , & ab secta in schiris , wapuntakis , hundredis , thrichingis & omnibus omnibus aliis curis & saeculi oneribus universis . this charter was subscribed and ratified with the sign of the cross , by all the archbishops , bishops , abbots a●d nobles , who gave both their counsels and assents thereto , as their subscriptiens testifie , that so it might be firm and perpetual . in the beginning of which charter , this king , to shew , that he held his crown only from and under god , thus stiles himself . ego edredus rex terrenus sub imperiali potentia regis saeculorum aeternique principis , magnae britanniae gerens imperium , &c. about the year of christ , e nogui a welsh king , being overmuch incensed with one arcoit , wasted his lands , and with too much fury , violared the sanctuary , to which he fled . whereupon pater bishop of landaffe assembled all the clerks of his diocess in a synod , to punish this sacrilege and breach of sanctuary : which the king hearing of , desired pardon of the bishop and whole synod , for these offences in the church of mainnon , restoring all the things of the church he had taken away , with satisfaction , and effusion of tears . whereupon , to obtain pardon and absolution for the penance they enjoyned him , he gave the parish of guidcon , with all the lands , liberties and commons appertaining thereunto , to god , and the bishops of landaffe for ever , to be held in frankalmoighne . some five years after ( anno . ) ily a deacon , slaying one merduter , and flying into a church for sanctuary ; thereupon his kinsfolk , and some of king nogui his family , forcibly entring into the church , flew ili before the altar , sprinkling his blood both upon the altar and walls of the church ; whereupon pater bishop of landaffe , assembled a synod of all the priests , deacons , and ecclesiastical persons within his diocess , to excommunicate the delinquents ; which king nogui and his nobles hearing of , fearing the malediction of the church , the weight whereof they durst not undergoe , sent for the bishop , and upon consultation , by advice of the doctors of both sides , delivered up the murderers into the bishops hands , who sent them to the monastery of st. teliavi , where they were kept moneths in iron chains . after which they were excommunicated . synodo quoque judican●e defini●um est , unusquisque eorum suum agrum , suamque totam substantiam , insuper & pretium animae suae ( id est ) septem libras argenti , redderet ecclesiae quam maculaverat , determinantibus omnibus divino judicio , &c. the bishop rising up in the midst of them , holding the gospel in his hand , said to nogui , lay thy hand upon this gospel : whereupon nogui laying his hand upon it , said ; sit haec terra cum incolis suis , in sempiterna consecra●ione deo , &c. & patri episcopo , & omnibus episcopis landaviae , libera ab omni laicali servitio , nisi tantum in oratione quotidianâ in perpetuo . it seems the petty welsh kings , and their courtiers , were all subject in those dayes to the censures and excommunications of their synods , for their sacrilege , and other unrighteous actions infringing the churches liberties . that their synods had a judiciary power , and that they could not convey lands to the church , but by the consent and judgement of their synods , which attested and ratified the same , as you may read in spelman . who likewise informs us , of another welsh synod held at landaffe , about the year . wherein arithmail son of nogui , king of guenti , slaying his brother elised , was for this execrable fratricide excommunicated by gucan , bishop of landaffe , and all the synod , who thereupon submitting to the penance therein enjoyned him , gave certain lands for ever in frankalmoighne to god and all the bishops of landaffe , to purehase his absolution . king f edred deceasing to the great grief of all his sub●ects , his nephew edwin ( formerly put by the crown for his nonage ) was there upon ( though young ) crowned king at kingston by archbishop odo , an. . but in the second year of his reign . the mercians and northumberians wholly cast off their obedience to him , and conspiring alltogether by unanimous consent , rejecting him from being their king , elected his brother edgar for their sovereign lord , deo dictante & annuente populo : vvhereupon the kingdom was divided between them by the bounds of the river of thames . vvhat was the true cause of this deposition and rejection of edwin is very doubtfull : william of malmesbury , hovedeu , matthew westminster , dunelmensis , bromton , henry de knighton , abbot ethelred , hygden , florence of worcester , and most of our old historians being monks , and over-much devoted to their arch-patron dunstan , record : that the true causes thereof were , first , his ill lascivious life and incontinency with alfgiva his concubine ( as they write ) and near kinswoman , from whom archbishop odo divorced him ; and likewise with sundry other concubines which he entertained in his court , whom odo excommunicated and banished thence . . his indiscret and tyrannical gvernment contrary to his laws . i. in slighting , depressing and destroying the nobles and wisemen of the realm , who disgusted his lascivious courses , and in favouring ignorant , unjust , vicious persons , and following their most wicked counsels . . in banishing abbot dunstan , and seising upon all his goods , only for justice sake , because he reprehended him for his exorbitant vicious courses ( being then the chief swaying grandee , and head of the monkish faction . ) . in forcibly thrusting out by armed souldiers all the regular monks throughout england , and casting them forth of the monasteries , ( there being then no regular monks in any monasteries , but only in glastonbury and malmesbury as the chronicles of winchester , and others record : ) then seizing upon all their wealth , and bestowing their lands and monasteries on secular and maried priests , and afflicting these monks in sundry other kinds . but g henry arch-deacon of huntington , an antient , judicious , impartial old historian , flourishing in the year . mentions none of these particulars , in his life , but gives this honorable testimony of his government , that it was both prosperous , flourishing and laudable . rex edwi non illaudabiliter regni infulam tenuit ; anno regni sui quiuto , cum in principio regnum ejus decentissimè floreret , prospera et laet a bunda exordia mors immatur a perrupit . and therefore archbibishop h parker , i bishop godwin , k speed , and l others conceive , that the true cause why the mercians and northumbrians , ( & those only , not the rest of his subjects and kingdom ) rejected him , and set up his brother edgar ( whose lasciviousness was more excessive , and vices more extorbitant in some degrees than edwins , which yet our former monkish historians blanch or excuse ) was the malice of dunstan , and odo ( the pillars and oracles of the monkish clergy ; ) who stirred up the merciaus and seditious rebellious northumbrians , against him , to set up edgar in his stead , who was totally devoted to them and dunstan , by whose counsels he was afterwards wholy guided , and built no less than new monasteries for the monks , besides all those he repaired , intending to build three more had he lived , to make them compleat ; , and likewise cast out the secular and maried priests out of all monasteries and churches unless they would become monks , replenishing all monasteries & churches with monks alone . they likewise inform us , that the true causes of kings edwins banishing dunstan , ejecting the monks , and seising their lands and treasures was , that dunstan had so bewitched edmund , edward , athelstan , and aedred his predecessors , with the love of monkery , as that they not only took violently from maried priests their livings to erect monasteries , but also lavishly wasted much of their own royal treasures , lands and revenues upon them , which they should have rather employed in resisting the common enemies of god and their country , the danes : whereupon edwin percei●ing that all the wealth of the land was crept into monasteries , not only refrained to bestow more on them , but recalled divers of those prodigal gifts his predecessors had granted them , which the monks refusing to render upon demand , he seized upon them by armed officers , as having indeed cheated his predecessors and defrauded the kingdom of them . they adde hereunto , that king edrid had committed all his chief houshold-stuft , plate , records , and the treasures of all the realm , with all the magazines he had gotten , to dunstans custody , and ●aid them up in the monastery at glastonbury ; yea , he committed his kingdom , body and soul unto him , so as all was wholly in dunstans power , who alone managed all the publick affairs of the realm , and exercised regal authority . and when king edred in his sicknesse demanded all his housholdstuff , jewels , monies and treasures from him , dunstan pretending to fetch them , before he returned with them , dustan heard a voice ( as our monkish writers fable ) that edred was dead in the lord ; and thereupon detained them in his and his monks custody , being unwilling to part with them to young king edwin his successor , whereupon he seised on them by force , as of right belonging to him , and expelled dunstan with his monks . and so much the rather , because dunstan presumed most impudently and violently , to rush into his bed-chamber , and pull him out forcibly thence on the very day of his coronation ( contrary to all christian and princely modesty ) from the embraces of his beautifull and beloved alfgina , which some monks and these historians report , to be his lawfull wife not his concubine , and not content therewith , he excited odo archbishop of canterbury , publickly to divorce her from him ; some say , for consanguinity only , and others for other reasons . whereupon the king betaking himself to his concubines , odo suspended him from the church , excommunicated all his concubines , caused one of them whom the king best affected , to be violently fetched out of the court with armed men , branded her in the forehead with an hot iron , and then banished her into ireland . after which she returning into england , odo apprehended her the second time , and cut off her sinews at the hock-bone . all which intollerable affronts so incensed edwin , that he banished and spoyled dunstan with his monks as aforesaid , and threatned odo with severe punishments ; none others in the realm but these daring then to oppose him : hereupon they formerly and then bearing the greatest sway , by way of revenge , and to prevent edwins further fury against them , stirred up the mercians and northumbrians to reject him , and that in a tumultuous manner , by force of arme , in which uproar edgar gained possession of half his kingdom . m matthew parker and sir henry spelman out of him , subjoyns , that by these civil dissentions raised between king edwin and his brother edgar , they much weakned the forces of the realm in many set battels fought between them ; till at last edgar getting the better ; convocato ad branfordiam regni concilio , fratris edwini acta et decreta rescendit . assemblong a council at brandford , he repealed all the acts and decrees of his brother king edwin , restored to the churches and monasteries the treasures he had taken from them , recalled dunstan from his former banishment , and made him first bishop of worcester , then of london , and last of all of canterbury . n henry de knyghton , a canon of the abbey of leicester , relates , out of the history of leicester abbey ; that edwin being expulsed and shamefully thrust out of his kingdom , for his evil life , and exoroitant actions done against the church , the monarchy of england continued void above a year . whereupon , many murders and wickednesses were committed , and infinite mischiefs happened amonst the people for want of government , until holy men , both of the clergy and people deeply affected therewith , humbled themselves , and uncessantly repented of their sins , and prayed day and night to god , that he would hear them , and mercifully relieve them in so great necessity , giving them such a king who might govern the realm of england in such fort , as might redound to the honour of god , and profit of the realm . that god beholding their prayers from on high , in the night silence , this voice was heard from god ; that they should crown edgar king , though but then a youth ; who rejoyced with this divine oracle , ( most likely by the monks and dunstans legerdemain , the divine oracle that uttered it ) speedily advanced edgar to be king , being but years old ; and so he was elected and crowned king by a divine oracle , which never hapned to any king of england in former times . upon edgars coronation o and dunstans restitution , an. . k. edwin reigning in a decayed estate , living in little esteem , and without being desired , for very grie● thereof ( as some write ) he died , after he had for years space , libidinosè simul & tyrannicè , lustfully , and also tyrannically depressed the realm of england : others affirm , that he was deprived both of his life and kingdom , by the rebellion of his subjects : but his monkish opposites record , that he was taken away by an untimely death by gods just judgement , in the year of our lord . whereupon his brother edgar , ab omni populo electus , being elected king by all the people , united the kingdom into one , and obtained the intire monarchy of the realm , the kings of cumberland , scotland , and wales , voluntarily submitting , and doing homage to him , without any effusion of blood , or war. king edgar p about the year of our lord . contrived the death of earl ethelwald , who ( as some authors aver ) against his trust , had cheated him of elfrida , only daughter of ordgarus , duke of devonshire , the paragon of her sex , by disparaging her beauty to the king , and marrying her to himself . after which the king being extraordinarily ravished with the true reporr and sight of her transcendent beauty , thereupon ( as bromtons chronicle relates ) statim post octo dies , rexparliamentum suum apud sarisberiam convocavit , ubi cunctis suis proceribus congregatis , de custodia terrae northumbriae qualiter contra ingressum danorum melius posset custodiri , tractaverunt ; inter quos ethelwolfus ad custodiam eboraci & patriae adjacentis , in illo erat concilio deputatus . a clear evidence , that matters of defence against common enemies , and guardians of the sea-coasts against the danes invasions , were then debated and setled by the king and his nobles in parl. then usually summoned by our kings for that end . hereupon earl ethelwolfe travelling through the forrest of werewell towards his new vvardship , was there cruelly assaulted and murdered by some unknown armed persons , there placed in ambuscado by the king , as was commonly reported , and as some relate by king edgar himself , who shot him through with an arrow , as they were there hunting together . the slain earls bastard-son being there present , beholding his dead corps , the king demanded of him , how such a hunting pleased him ? who answered , very well my lord and king ; for that which pleaseth you ought not to displease me : which answer so pacified this kings swelling mind , that he loved no person more entirely all his life than this young man. tyrannici facti offensam in patrem sedulitate regiâ in filium allevans , writes malmesbury . this being done , the king with great joy bringing alfrida to london , there espoused her , and the same day both of them wore a golden crown , adorned with pretious pearls , on their heads . hereupon archbishop dunstan , the next morning , boldly rushing into the kings bedchamber , whiles they were both in bed together , demanded of the king , what woman he hadlying in bed with him ? who answered , that it was his queen ; dunstan by way of rebuke replyed ; that he could not marry or retain her as his wife , without offending god , and the laws of the church , because he had been godfather to her son , often admonishing the king , that he would put her away , and be divorced from her : vvhich he by reason of his ardent love towards her , and unsatiable lust with her , would by no means hearken to . anno . king edgar heating of a nun of incomparable beauty in the monastery of wilton , named wilfrida , a dukes daughter , took her out of the nunnery , and frequently admitted her to his bed : vvich being commonly blazed abroad , arch-bishop dunstan understanding of it , with great passion , and indignation of mind came to the king ; who seeing the archbishop , arose from the royal throne to take him by the hand , and give him place . but dunstan refused to take him by the hand , and with a stern countenance , bending his browes , spake thus unto him . thou that hast not feared to corrupt a virgin , espoused to christ , presumest thou to touch the consecrated hands of a bishop ? thou hast defiled the spouse of thy maker , and thinkest thou by flattering service to pacifie the friend of the bridegroom ? no sir , his friend will not i be , who hath christ for his enemy , &c. the king terrified with these and other thundering words of dunstan , and compuncted with inward repentance for his perpetrated sin , fell down at dunstans feet weeping : who raising him up again from the ground , began to relate unto him the hainousness of the fact : and finding the king ready to undergoe what ever satisfaction he should lay upon him , injoyned him this following penance for years space . that during these seven years he should wear no ctown ; that he should fast twice every vveek ; that he should liberally distribute the treasures left him by his ancestors to the poor ; that he should build a monastery of nuns at shastesbury ; that as he had robbed god of one virgin , through his transgression , so should he again restore many to him in time to come . moreover , that he should expel clerks of evil lives , ( meaning secular priests who had vvives and children ) out of churches , and place covents of monks in their room : that he should enact just laws , & such as were acceptable to god : and command the people to observe them through all parts of the realm . vvhich the king promising effectually to perform , was thereupon absolved , and vigorously set himself to execute what he had promised . hereupon , in the year . ſ king edgar founded the monastery of hyde near winchester , filled it with monks , endowed them with large privileges and possessions , exempting them from all secular services whatsoever , but these ; ●rata expeditione , pontis arcisve constructione ; praescribed several laws and canons for the monks thereof to observe , made by advice and consent of his bishops and nobles , and ratified by his royal charcer , subscribed by himself , his two sons prince edmund and edward , his queen , grandmother , both the archbishops , bishops , abbots , dukes , and sundry others , with the sign of the cross annexed to their names . in which charter there is this solemn curse donounced against all the infringers and perverters thereof . si quis autem hanc nostram donationem in aliud quam constituimus transferre voluerit , privatus consortio sanctae dei ecclesiae , aeternis barathri incendiis lugubris jugiter cum juda christi proditore , ejusque complicibus puniatur , si non satisfactione emendaverit congrua , quod contra nostrum deliquit decretum . the same year king edgar by his regal charter ( recorded at large by t abbot ingulphus ) confirmed all the lands and privileges of the abby of croyland , formerly granted and confirmed to them by king edred and his nobles , in the presence of both the archbishops , a● the bishops , and nobles assembled in a council at london : who ratified it with their fubscriptions , the sign of the cross , and a solemn excommunication ( denounced by the two archbishops and three bishops more in pauls church london , in the presence of king edgar his prelates and nobles , in octavis pentecostes ] against all infringers of this charter and of their liberties . about the year as some , or . as others compute , king edgar in a great senate or council , by advise of his wisemen , enacted divers civil & ecclesiastical laws and canons , for the government of the state and church , thus presaced . leges quas ( or , hoc est institutum quod ) edgarus rex , freqenti senatu , consilio sapientum snorum , ad dei gloriam , regiae majestatis ornam●●tum , et reipublicae utilitatem sancivit , or constituit . the and of his secular laws in the latin , but , , . in the saxon copy , i shall only transcribe . hoc est institutio secularis quam volo per omnia teneri . volo ut omnis homo sit dignus juris publici , ●auper et dives quicunque sit ; et eis justa judicia judicentur . et sit in emendationibus remissio venialis apud deum . et apud seculum tolerabilis . et nemo requiret regem pro aliqua causa , nisi domi negatur ei omne dignum recti , vel rectum impetrare non possit . et de nulla emendabili re foris faciat homo plusquam weram suam ( agreeable to our kings coronation oath , and magna charta ) et judex qui injustum judicium judicabit alicui , det regi cxx s. nisi jurare audeat , quod rectius judicare nescivit . et qui aliquem injuste superdicere praesumat , unde vita vel commodo pejor sit , linguae suae reus erit , &c. anno . there was x a general council assembled at london by king edgar , at the instigation of pope iohn , and archbishop dunstan ; wherein ( as i conceive ) the king made that elegant oration , against the vicious lives of the clergy ; thus expressing his own duty and supremacy over all persons and causes both civill and ecclesiastical . justum proinde est , ut qui omnia subjecit sub pedibus nostri● , subjiciamus illi et nos et animas nostra● ; et ut hi , quos nobis subdidit ejus subdantur legibus , non segniter el●●oremus et meae quidem interes● laicos cum aequitatis jure tractare ; inter virum et proximum suum justum judicium facere , punire sacrilegos , rebel●es supprimere , eripere inopem de manufortiorum ejus , egenum et pauperem à deripientibus eum . sed et meae sollicitudinis est , ecclesiarum ministris , &c. et necessaria procurare , et paci eorum et quieti consulere . de quorum omnium moribus ad nos spectat examen : si vivunt continenter , si honeste se habent ad eos qui foris sunt ; si in divinis officiis solliciti , si in docendo populo assidui , si victu sobrii si moderati habitu● , si in judiciis sunt discreti , &c. ego constantini , vos petri gladium habetis in manibus ; jungamus dextras , gladium gladio copulemus ut ejiciantur iextra castra leprosi , ut purgetur sanctuarium domini , et ministrent in templo filii levi , &c. after which directing his speech to dunstan , aethelwald , and oswald , he concludes thus . vobis istud committo negotium , ut episcopali censura et authoritate regia turpiteriviventes de ecclesiis ejiciamur , & ordinatè viventes introducantur . herupon there was a decree made in this general council , that all canons , priests , deacons , and sub-deacons should live chastly ( that is , put away their lawfull wives , vow chastity , and become monks ) or relinquish the churches they then held : the execution whereof was committed to oswald and ethelwald ; who thereupon compelled the clergy in worcester , winchester , and other churche ; to become monks , renuentes verò ab omni beneficio spoliarunt , depriving those who refused of all their benefices , and putting monks into them , qui novo quidem splendore vniversam insulam illustrarunt , as our monkish writers record : or rather novo foetore contaminarunt , as others write y john bromton informs us , that after the slaughter of the nuns of ely by inguar and hubba , the secular priests enjoyed that monastery one hundred years space ; whom king edgar de concilio beati dunstani archiepiscopi , & dicti ethe●wa●di , a● m●gnatum regni in the forementioned general council ) expulit & fugavit for their dishonest conversation . bishop oswald having ejected the married secular priests out of his church at worcester , and introduced monks in their places , did this year . as i conjecture from the premises ( not . as sir henry s●●lman computes it ) ( z 〈◊〉 king 〈◊〉 by the counsel and assent of his princes , nobles and bishops ( most probably in the ●o●ementioned general council , or that of london next ensuing ) to ratifie this their ejection , and confirm the church of worcester , with all the lands , goods , ecclesiastical & secular things thereto belonging to the monks of that church for ever , free from all secular services and exactions , hard or easie , and from all fiscal duties great and small , known or unknown , as well of the king of prince , as of their officers , exceptis arcis , & pontis extructione , et expeditione ●dntra hostem . and that by the special charter , called oswald law , subscribed by the king , queen , both the archbishops , and dukes . a king edgar , anno . or . in the year of his reign held another parliamentary council at london , where himself , his mother alfgina , prince edward his son , kined king of scots , mascusius his admiral both the ahchbishops , with the rest of the bishops , and all the nobles and great men of the realm were present , by his charters made in and ratified by this council , this king granted and confirmed many and very magnificent privileges to the monastery of glastonbury communi episcoporum , abbatum , principumque concilio . et generali , assensu , pontificum , abbatum , dptimatumque suorum , exempting the monastery and monks thereof , not only from all episcopal jurisdiction , but likewise all their lands from all tributes and exchequer businesses for ever , granting them socam & sacam &c. toll & teame italibere et quiete , sicut ego habeo in regno meo : eandem quoque libertatem & potestatem quam ego in curia mea habeo , tam in demittendo , quam in puniendo , & in quibuslibet omnino negotiis abbas & monachi praefati monasterii in curia sua habeant . and which is a privilege beyond all president , si autem abbas , vel quilibet monachus loci illius latronem , qui ad suspendium vel quodlibet mortis periculum ducitnr in itinere obvium habuerit , potestatem habeat eri●iendi eum ab imminen i periculo in toto regno meo . the old charter begins thus . in nomine domini nostri jesu christi . qnamvis decreta pontificum , & verba sacerdotum inconvulsis ligaminibus , velut fundamenta montium fixa sunt , tamen plerumque tempestatibus & turbinibus saecularium rerum religio sanctae ecclesiae maculis reproborum dissipatur ac ●ū●itur ●ccirco profu●● ū●●ucceden●ibus posteris esse decrevimus ut ea quae salubri consilio et communi assensu definiuntur , nostris literis roborata firmentur , &c. hoc itaque dunstano doroberniensi , atque oswaldo eboracensi episcopo adhortantibus , consentiente etiam er annuente brithelmo fontanensi episcopo , caeterisque episcopis , abbatibus et primatibus : ego eagar divina dispositione rex anglorum , &c. and it concludes thus , acta est haec privilegii pagina , & confirmata apud londonium communi concilio amnium primatum meorum : then follow the subscriptions of king egar , alfgina his mother , prince edward , kinred king of scots , mascusius the chief admiral , both the archbishops , bishops , abbots , dukes , and other officers : which charter and privileges at the kings request were ratified by pope john the in a general council at rome , anno dom. . by a special bull , that they might remain inviolable : yet both the abbey it self , lands , privileges are long since demolished , dissipated , annihilated , such is the mutabiliunity of all sublunary things . the self same year ( anno . ) [ b ] king edgar by his charter granted and confirmed sundry lands and privileges to the monastery of medeshamsted formerly demolished by the danes , which bishop aethelwold had repaired , and named burgh , perpetually exempting it from all episcopal jurisdiction , yoak , and exaction ; quatenus nec rex , nec comes , nec episcopus , praeter christianitatem attinentium parochiarum - nec vicecomes , nec ulla alia major minorve persona , ulla dominatione occupari praesum at , excepta moderata expeditione , & pontis arcisve constructione . vvhich charter was ratified by the kings own subscription , both the archbishops , sundry bishops , abbots , dukes , and other chief officers , and the sign of the cross after each of their names . in the year . c king edgar after his seven years penance expired , on the feast of pentecost in the th year of his age , was solemnly crowned , and consecrated king , and wore his crown with great glory at akemancester , alias bath , both the archbishops dunstan and oswald , with all the rest of the bishops of england , ac magnatibus universis , and all the nobles being there present at his coronation , and received the accustomed gifts usually given to the nobles being at such inaugurations . soon after the same year this king with a very great fleet and army sayling round about the northern parts of england came to westchester , where his eight tributary kings or vice-royes , ( namely kyneth king of scots , malcome king of cumberland , marcus king of man , and many other ilands , and the other kings of wales , dufnall , siferth , howel , iames , and iuchill ) met him as he had commanded them , and swore allegi●nce to him in these words : that they would be faithfull and assisting to him both by land and sea. which done , he on a certain day entred with them into a barge , and placing them at the oares , himself took the helm , and steered the barge very skilfully whiles they rowed it down the river of dec from his palace to the monastery of st. john bapist , on the other side , all his dukes and nobles following and accompanying him in other barges : where having made his prayers , they all rowed him thence back again in like pompe to his royal palace ; which when he had entred he said to his nobles : that any of his successors might then say he was king of england , when with so many kings following and subject to him , he should enjoy the prerogative of the like pompe and power . but mr. fox subjoyns ; in my mind this king had said much better : god forbid that i should glory in any thing but in the cross of our lord jesus christ . e the year following an. . certain merchants comming from york , arived in the islle of thanet in kent , where they were presently taken by the ilanders and spoyled of all their goods ; which king edgar being informed of , was so far incensed against these plunderers , that he spoyled them of all their goods , and deprived some of them of their lives ; which huntingdon and bromton thus record . rex edgarus undecimo anno regri sui jussit praedari insulam tenet , quia jure regalia spreverant : non ut hostis insaniens , sed ut rex ma●o mala puniens . the same year as f malmesbu●y , g ingulphus and h others write , king edgar , by his regal charter , caused the secular priests to be removed out of the monastery of malmesbury and introducing monks in their places , restored to them the lands and possessions of the monastery , which the secular priests formerly enjoyed and had lea●ed 〈◊〉 ; & that upon a full hearing before the wise-men , bishops & others in his presence , most likely in a parliamentary council , as this clause in his charter intimates . haec a praedictis accommodata clericis , a comensioso possessa est edehnot● : sed superstitiosa , sub●il que ejus discept●tione a sapientibns meis audita , et conflictatione illius mendosa ab eisdem me praesente convicta , monasteriali a me rea● . ta est usui . if the council of winchester ( hereafter cited anno . ) was held in king edgars life time , as h some affirm , most probably this debate here mentioned touching these lands , was held in and before that council , and this charter therein made and ratified with the subscriptions of the kings , arch-bishops , bishops , abbo●s and dukes thereto annexed , according , to the custome of that age . although king i edgar in his younger daies was subject to many vices , and committed some injurious tyrannic●● acts , recorded by malmesbury , fox , speed , and others ; yet repenting of these his youthfull , lustfull vices , he proved such a just and prudent king , that i our historians of elder and later ages give these large encomiums of his justice , prudence , piety ▪ vertues , and politique government : wor hy perpetual memory and immitation . so excellent was he in iustice , so sharp was he in correction of vices , as well in his magistrates , officers , and other subjects ; that never before his days was less felony by robbers , nor less extortion or bribery by false officers ; such as were wicked he kept under , them that were rebels he repulsed , the godly he maintained , and the just and modest he loved ▪ the learned and vi●tuous he encouraged : he would suffer no m●n of what degree or quality soever he were to elude or violate his laws without condigne punishment . in his time there was neither any private pilferer , nor publ●ke theef , but he that in stealing other mens goods , would venture and suffer ( as he was sure ) the loss of his own goods , and life . he was no respecter of persons in judgement ; but judged every man according to the quantity of his offence , and quality of his person . he united all the nations under him , which were divers , by the covenan● and obligation of one law : governing them all with such iustice , equity , integrity and peace , that he wastile● rex , or edgarus pacificus , t●e p●aceable king edgar . in his days , not ●orments , not gibbe●s , not ex le , not banishment were so much feared , as the offending of so good and gracious a king. he built and endowed no lesse than monasteries , and restored many more , endowing them with large possessions , privileges , ( out of piety and devotion , ●s these times reputed it ) & was a great honourer , lover , promoter of the vertuous and learned clergy , and suppressor of the vicious and scandalous . there was scarce one year throughout all his reign wherein he did not some great and memorable necessary thing for the good of his country and people , the honour of god , and advancement of religiòn . all which made him so honoured and beloved by his subjects at home , so far dreaded by his enemies abroad ; that nullas domesticorum insidias , nullum exterminium alienorum sensit : he never felt any homebred treachery , or forein invasion , but reigned peaceably all his days , without war or bloodshed , which none of his predecessors ever did . he was so far from tollerating any violence or rapine in men towards each other , that he commanded all the wolves and ravenous beasts , greedy of blood , to be destroyed throughout his dominions : and such an enemy was he to drunkenness ( the mother of vices , murders quarrels , thefts , ) wherewith the danes had much infected the english , that to prevent and redress it , he caused pins to be set in every cup , prohibiting by severe laws and penalties , that none should force others to drink , nor yet drink below those pins , in that moderate proportion which he prescribed them . among other his politick deeds , for the peace and safeguard of his realm against pillaging pirates , and forein invaders , he had always in readiness ( as most ) or strong ships of war ( as others record ) to secure the seas in the summer season , which he divided into three squadrons or fleets : whereof he placed in the east seas to guard them ; in the south seas ; in the west seas , ( and in the north seas , as some write ) to prevent piracies , and repulse the invasion of forein enemies . these ships immediatly after easter met together every year at their several places of rendezvous , wherewith the king sailed round about the island and sea-coasts , with a great force , to the terror of foreiners , and exercising of his own subjects , sayling with the eastern navy to the western parts of the iland , and then sending them back with the western fleet to the northern coasts , and then sayling with the northern fleet to the south ; pius scilicet explorator , ne quid piratae turbarent . after his return from the sea , in the winter and spring , he used to ride in progress through all the counties of the realm , diligently to search and inquire how his laws , statutes , ordinances were kept and observed by his princes , great men , and dificers , lest the poorer sort of people should suffer presudice , or be oppressed by the greater & richer ; and whether his judges or justices judged uprightly , according to the laws , or injured any through brivery malice , or partiality , violati juris severus ultor ; being a severe revenger of his violated laws , sparing neither rich nor poor , but judging him justly according to the quality of his transgression . in hoc justitiae in il●o fortitudinis , in utrcque reipublicae & regni utilitatibus consulens , as wiliam of malmesbury , and flor. of worcester report of him . et ideo tempore suo latrones nulli fuerunt , nec aliquis qui guerram vel turbationem in regno movere audebat . merito ergo non infirma inter anglos fama est ; nullum nec ejus , nec superior is aetatis regem in anglia recto & aequabili judicio edgaro comparandum : he being flos et decus antecessorum regum , non minus memorabils anglis , quam romulus romanis , cyrus persis , alex. macedoniis arsaces parthis , carolus magnus francis ; as malmesbury , abbot ethelred , florentius vvigorniensis , simeon dunelmensis , henry huntindon , matthew vvestminster , and * others record of him , who are much more copious in his prayses . k mr. fox closeth up his encomiums of him with this speech : as i see many things in this worthy prince to be commended ; so this one thing in him i cannot but lament , to see him like a phoenix to fly alone , that of all his posterity so few there be that seek to keep him company . towards the end of his reign the l welchmen moving some rebellior , he thereupon assembled a mighty army to suppress and prevent it ; wherewith he entring into the country of glamorgan , sharply punished the ringleaders thereof : but his souldiers doing great harm in plundering the country , lading themselves with spoyls ; the king out of his bounty , commanded them to restore to the people all the spoyls they had gotten ; and more especially ▪ st. ellutus bell , that was hanged about an horses neck ; whereby he purchased singular love and honor from the inhabitants . at length after he had reigned thus , years and two months in great tranquillity and honor . totum regnum sanctis legibus st●enue gubernantem , as m eadmerus relates of him , he died happily o● tuesday the of july , anno . nec potuit malè mori qui benè vixerat , qui tot ecclesias deo fundaverat , qui tot bona perennia brevi tempore statuerat , as n henry arch-deacon of huntingdon observes , who bestowed this honourable epitaph on him , remembred also by o others . auctor opum , vindex scelerum , largitor honorum , sceptifer edgarus regna supe●na petit . hic alter solomon , legum pater orbita pacis ; quod caruit bellis , claruit inde magis . tem●la deo 〈…〉 dedit agros ; nequitiae lapsum , justiciaeque locum . novit enim r●gno verum perqu●rere falso , immensum modico , perpetuumque brevi . immediately after his death , res et spes anglorum retro sublapsae sunt , totius regni status est perturbatus ; et post tempus laetitiae quod illius tempore vigebat pacificè , caepit tribulatio undique advenire , as malmesbury , wigorniensis , hoveden , simeon dunelmensis , and bromton observe : such an incomparable loss was the death of so just , pious , and prudent a king to the whole nation , qui juventutis vitia , posteamagni● virtutibus delevit , when most others do quite contrary . p king edgar at the time of his decease leaving behind him two sons by two venters , edward his eldest son by queen ethelfleda his first wife , then but . years old , and ethelred his second son by his second queen elfreda , then not much above . years of age ▪ there arose a great contention amongst the nobles of the realm about choosing of a new king. for queen elfreda , with alferus duke of mercia and many other nobles , fiding with the maried secular priests against the monkish clergy , combined to advance young ethelred , electing him unanimoufly for their king , disavowing edward as illegitimate , and begotten of an harlot before mariage ; as malmesbury de gestis regum , l. . c. . osburn in the life of dunstan , nicholas trivet , johannis parisiensis , vincentius , antoninus , matthew parker in the life of archbishop dunstan , mr. fox and others repute him : though ingulphus , huntindon , hoveden , mat : westminster , florentius wigornensis , bromton , abbot ethelred , simeon dunelmensis , radulphus cistrensis , and the generality of our modern historians , repute him edgars lawfull son , and right heir to the crown : whereupon the most of the nobles elected him to succeed unto his father : the two archbishops , dunstan , and oswald , with all the bishops , abbots , and clergy of the monkish faction , holding their new-gotten states dangerous , and their footing unsure , if in the nonage of the king , their opposites should rule all under him , as they imagined they would , if ethlred were elected by them ; thereupon abetted the title of edward , as altogether wrought to their mould and treading in his fathers footsteps , lawfully begotten in the nuptial bed of queen ethelfleda , right heir to his father , and by him designed to succeed him . their claimes thus banded amongst the nobles , duustan and oswald foreseeing the danger , prudently assembl●d all the bishops , abbots , and nobles together in a great council , to debate their rights and settle the title ; where archbishop dunstan ( as some write ) comming in with his cross and banner , dum consecrationis ejus ●empore nonnulli patriae optimates resistere voluissent ; not staying for further debating de jure , presented prince edward in the midst of them de facto , for their lawfull king , as his father had declared him at his death . upon which , the major part of the council , being clergymen , elected , anointed and consecrated edward for their king quibusdam optimatum murmurantibus , some of the nobles o● the contrary party murmuring at it , especially queen elfrida , who thought to advance her young son to the throne , that so she might rule all things , and reign under the colour of his name , as dunstan and the monkish clergy did under the colour of king edwards , whose counsels and admonitions he diligently followed in all things , and judgements acted by him . during the interregnum , and banding of these two parties about the right of the crown , and immediately after edwards coronation , q there arose great controversies , tumults and civil warrs between the monkish clergy , and maried secular priests , and the nobles siding with both parties . the marie● priests presently upon edgars death , complained to queen elfrida , elfere , and the nobles , that they were unjustly expelled out of their churches by the monks and their prevailing party ; alleging , that it would be a very great and miserable dishonour to the nation , and shame to them ; ut novus advena veteres colonos migrare compelleret : hoc nec deo gratum putari , qui veterum habitationem concessi●set . nec alicui probo homini , qui sibi idem timere possit quod aliis praejudicio accedisse cerneret . hereupon many clamours and tumults arising among the people , they went to archbishop dunstan ; praecipue proceribus , ut laicorum est , succlamantibus praejudicium , &c. but especially to the nobles , as the manner of laymen is , crying out unto them ; that the secular clergy were prejudged , and suffered unjustly , being eaepelled their antient posessions without cause : that they ought to be more mildly dealt with , and restored to their rights . dunstan giving a deaf ear to these their just complaints , many of the princes and nobles thereupon , in a tumultuous manner , expulsed the abbots and monks out of the monasteries wherein king edgar had placed them , and brought in the maried clerks with their wives in their places , as at first . among others , alfere earl of mercia , gathering great forces , and using much insolence , overturned almost all the monasteries king edgar and bishop ethelwold had built in the province of mercia ; quorundam potentum assensu et factione , placing maried priests in them . this they did magnis occaecati muneribus by the maried clergy , as hoveden , simeon dunelmensis , florentius wigorniensis , and our monkish historians assert . to which r abbot ingulphus subjoyns . cujus ( regis edwardi ) sancta simplicitate et innocentia tàm abusa est factio tyrannorum , per reginae favorem et potentiam praecipue roborata , quod per merciam monachis de quibusdam monasteriis ejectis , clerici sunt inducti : qui statim monasteriorum maneria ducibus terrae distribuebant , ut sic in suas partes obligati eos contra monachos defensarent . tunc de monasterio eveshamensi monachis expulsis , clerici fuerunt introducti ; terraeque tyranni de terris ecclesiae praemiati sunt : quibus regina cum novercali nequitia stans cum clericis , in regis opprobrium favebat . cum monachis rex et sancti episcopi persistebant : sed tyranni fulti reginae favore et potentia super monachos triumphabant . the monks on the contrary to secure their interest ( by like bribes and means as is most probable , though our monkish historians conceal it ) stirred up ethelwin duke of the east-english , and brithnorth earl of essex , ( men of great dread and power ) to appear in their quarrel and resist rhe opposite party . qui in synodo constituti ; who assembled together in a synod or council for that end , protested , that they would never indure the monks should be cast out of the realm , who held up all religion in the kingdom . after which , they raised a mighty army , defending with great valour the monasteries of the eastern english , keeping the monks in possession of them . this fire between the monks and maried priests thus blown from a spark to a flame , was feared to mount higher , if not timely quenched . wherefore by mediation of wise men , arms being laid aside , the cause was referred to be heard and decided between them in a great council of the whole kingdom . for which end there was a famous council summoned and held at winchester ; ( which some historians antedate in edgars life , others place in the interregnum , after his death ; but the series of story , and most judicious antiquaries , evince it to be after edwards coronation , anno . ) in this great council , the king and archbishop dunstan sitting in their thrones , as chief judges of the controversie , in the east-end of the hall of the refectory of winchester abby near the wall , ( wherein there was a crucifix immured just behind them , ) duces cum torius regni magnatibus ; the dukes with all the nobles of the realm , and the expulsed maried clerks standing on the left side of the refectory , and pleading for themselves , that they might be restored ; and oswald archbishop of york , athelwold bishop of winchester , with the monks standing all together on the right side of the hall , pleading for their continuance in their churches ( as the author of the old manuscript chronicle of winchester abby relates , though he misdates the time of this council , as held anno . ) after much debate , the nobles of the realm fearing they should be overcome by dispute ( say the monks ) promising reformation of life on the clergies behalf , most humbly intreated the king and archbishop . that they might be readmitted into monasteries , out of which they had been ejected . with whose prayers , tears & sighs the most merciful king being much moved , was in a great streight , ruminating in his min● , what he should doe in this business . at last purposing , and being about to grant pardon to the clerks , upon hope of their amendment , and to give them leave to return to the monasteries and churches whence they had been expelled ; when he was ready to pronounce this his definitive sentence ; there was this divine voice uttered , by the crucifix in the wall. cum plurium jam suffragiis de presbyteris restituendis decernebatur , as matthew parker relates it ; absit ut hoc fi●● , &c. god forbid that this should be done ; god forbid it should be done ; you have judged well once , you would change again not well . which articulate voice only the king and archbishop who were the judges of the cause , heard , if the chronicle of winchester may be credited , when as another monk relates , it was heard by all present ; at which voice they being both astonied , fell to the ground on their faces ; but all the rest hearing only the sound of the voice as of a great thunder , fell down flat to the earth very much affrighted . some write , that both sides by dunstans policy appealed to the resolution of the crucifix in this case , in which dunstan had placed a man with a trunk in the wall behind the image , who uttered this voice in and by the mouth of the rood : which is most probable . soon after , he king and dunstan heard this second voice from the crucifix , arise , be not afraid , because this day righteousnesse and peace have kissed each other in the monks . in memory of this chearing oracle and monkish fable , ( of which huntindon , hoveden , wigorniensis , ranul●us cistrensis , fabian , and other old monastical ●istorians make no mention , and malmsbury slightly relates it as an hear-say ) the monks of winchester ingraved these verses over the head of this crucifix in their refectory . humano more crux praesens edidit ore ; coelitus effata quae prospicis hic subarata . writing the words forcited under this distick , as then uttered by the crucifix , which asserted before all , that dunstans way was true . where with the clerks and their abettors were quite confounded , and put to silence . sed adhuc non sedatis animis , &c. but the nobles and clerks minds being not as yet quieted by this oracle ( a clear evidence they suspected it as counterfeit ) our historians inform us , there were three more great councils soon after held to settle this controversie between the married priests and monks . the first at kerling , kerding , or cerding , or kirking , as it is variously stiled , anno . which ſ wigorn. and hoveden stile magna synodus , without recording what was done therein . sir henry spelman out of an old saxon note , calls it a great council , affirmes it was held after easter , and that sideman bishop of devonshire died in it . that king edward and the archbishop therein ordained ; that every man should goe in pilgrimage to the church of st. mary at abendune out of devotion . and matthew parker archbishop of canterbury , in the life of dunstan , superaddes : dunstanus ibi cum monachorum labenti conditioni succurrere voluit , nihil profecit , itaque hoc dissoluto concilio , aliud in regia villa wilteria quae calne vulgo appellatur coegir . this great council held at t calne ( some stile it cleve ) was purposely called the same year , . to end the long continued controversie between the monks and married priests , which the feigned oracle of the crucifix at winchester , and the council of kerding could not determine . all the senators and nobles of england sitting together at this council in an upper room ( the king being absent by reason of his tender age or sickness ) the business being debated with great conflict and controvetsie ; and the strongest wall of the monkish church , archbishop dunstan , being assaulted with the darts of many revilings , remained unshaken . the disputants of both parties and orders defending their sides with greatest industry , in the midst of the dispute , the whole floor , with the rafters and beams of the room wherein they disputed suddenly brake in peeces , and fell to the ground , with all the people in it , except dunstan , who escaped without any harm , standing firm on a beam that remained , of which he took hold-fast ; the rest being either slain outright , or very much hurt and bruised with the fall , so as they languished ever after , hardly escaping present death . this miracle ( as our monkish authors stile it ) gave peace to archbishop dunstan from the assaults of the english clerks , and others , who thereupon from thenceforth submitted to his sentence and judgement , if william of malmesbury , and mat. westminster may be credited ; whereas florentius wigorniensis , john bromton , and others out of them , assure us ; that there was not long after another parliamentary synod or assembly held at ambresbery , upon the same occasion , without recording the proceedings or event thereof . some conjecture that this fall was only a fiction of the monkish vvriters , to adde reputation to their languishing cause , as well as that of the crucifix speech forecited . others conceive , it was wrought by duustans sorcery , or policy . others , that it was casual , by reason of the weight of the people . but henry huntindon hist . l. . p. . bromton , col . . and sir henry spelman out of them , p. . record , that this fall of the nobles at calne , was ( not a divine judgement on them for their opposition against , and injury to the monks as some interpreted it , but ) signum videlicet dei excelsi fuit , quod proditione et interfeatone regis sui , ab amore dei casuri essent , et diverus gentibus digna contritione conterendi ; as they were soon after broke in pieces by the invading conquering danes and normans : and whether the late violent falls and ruptures of our parliaments and nobles portend not the like fate to england , by some other forein invasions for the like treachery , apostacy , regicide , or far worse , let those who are guiltiest of it , and others determine at their leisures . king u edward imitating the footsteps of his fathers religion and piety , was so circumvented by the flattering speeches of his mother-in-law queen elfrida , that although she opposed his title , election , coronation , all she could , to advance her own son to the crown : yet retaining only the name of a king to himself , he soon after permitted her and his brother ethelred , his competitor , to order all affairs of the realm as they pleased . vvhereupon ( as the chronicle of bromton relates ) she began to plot how to dethrone this man of god king edward , and advance her own son ethelred to the throne ; which when she had a long time meditated upon , she opened the secrets of her heart to some of her chief counsellours , advising with them concerning it , and earnestly intreating , yea conjuring them to assent to her therein , and to find out some means to effect it ; cui protenus in necem illius omnes conseuserunt , who all forthwith consented to his murder , and contrived how they might most speedily accomplish it by some fraudulent device , which they soon after executed in this manner . king edward hunting for his disport in the forest near vvarham , hearing that his brother ethelred whom he intirely loved ) was near that place , residing then with his morher at corph-castle , ) some stile it cornesgare ) rode thither to visit him with very few attendants , who either casually , or of set purpose lingring behind him , sporting in the way , he came alone to the castle gate . queen elfrida who had a long time waited for such an opportunity , being informed thereof , went presently to weet him with her bloody assassinate , s and welcoming him with flattering speeches , and a pleasant countenance , importuned him to lodge there that night , which offer he with thanks refused , saying he desired only to see and speak with his btother , but would not alight from his horse : whereupon she commanded a cup of wine to be speedily brought him to drink , appointing one of her boldest souldiers to kill him whiles he was drinking : vvho kissing the king , like another judas , under a pretext of love , to take away all suspition , so soon as the cup was at his mouth , slabbed him presently into the bowels with a knife . king edward feeling himself wounded , set spurs to his horse , thinking to escape to his own faithfull followers ; but the wound being mortal , he fell from his horse dead , and one of his feet hanging in the stirrop , he was dragged up and down through the mire and fields , and at last left there dead near cerf gate . vvhich his wicked stepmother hearing of , commanded her most wicked servant to drag him by the heels like a beast , and throw him into a little cottage hard by , that the fact might not be discovered . aster which she commanded his corps to be privily taken from thence , left this her most execrable work of darkuess should be discovered , and buried in an obscure bushy morish place , where it should no more be found by any . most of our historians write , that he was obscurely buried at vvearham , without any royal state ; ac sicum corporc paritèr & memoriam sepellissent , invidentes ei sespidem , cui vivo inviderunt decus regium ; so malmsbury ; or as matthew westminster descants on it , invidebant enim mortuo ecclesiasticam concedere sepulturam cni videnti decus regium auferebant . and not content herewith , they made an edict ▪ than which nothing could be more cruel ; that no man should lament or speak of his death , thinking thereby utt●rly to aelete his memory . but contrary to their expectation , god by a supernatural light from heaven shining on the place , and sundry miracles there wrought ( if our monkish historians may bee credited ) frustrated this ▪ design . for though the queen and her complices out of their transcendent malice ( which o that some of late times had not overmuch imitated , ) inimicitias quas viventi ingesserunt in mortuum p●otelantes , sepelierunt ●um fine regio honore apud warham ▪ ut sicut vitam ejus extinxerant ita et nomen ejus extinguerent : hic vero compertum est contra divinam providentiam non sufficere pravum cor hominis et inscrutabile : quem enim perfidi terris abjicerant , deus coelo gloriosè suscepit , et memoriae aeternae insignivit eum dominus cujus mentionem proditores obnubulare studuerant . but mark the sad sequel of this prodigious regicide , proditione gentis suae perfidae , thus registred by x henry huntindon , an impartial historian . inde dominus iterum ad iram provocatus est , et plus solito irritatus , genti pessimae malum inextricabile conferre cogitavit , et quod facere paraverat non distulit . veneruntque dani , et operuerunt angliam quasinubes coeli . to which y william of malmsbury subjoyns . creditumque et celebritèr vulgatum , quod propter elfridae in edwardum insolentiam multo post tempore tota patria servitutem infremuisset barbaricam . take the summ of his reign , murther , saintship in these words of * abbot ethelred . translato ad coelestia regna rege fadgaro . in reono terreno filius ejus edwardus successit : qui injuste ab implis interfectus , tum 〈◊〉 sanctitatem , tum ob mortis 〈…〉 sancti nomen et meritum deo donante promeruit : being afterward translated to shaftsbury , and there honourably enshrined . king edward being thus treacherously murdered on the th day of april , anno . when he had reigned only . years and . moneths by hereditary succession , thereupon on the . of may . his half-brother z ethelred was crowned king at kingston , by both the archbishops , dunstan and oswald , and ten bishops more , in the presence of the nobles , much against dunstans will. and although ethelred so much lamented his brothers murder , being then but a child of ten years old , not active to promote this treacherous plot , and so detesting it , that his mother elfrida in a rage whipped him for it with candles for want of a rod , which made him abhor candles all his life ; yet dunstan full of a propheticall spirit , at the very time of his coronation told him , that he and his posterity , together with the whole kingdom , should suffer grievous tribulation all his reign , using these words then unto him ; because thou hast aspired to the kingdom by the death of thy brother , whom thy mother murdered ; therefore hear the word of the lord ; thus saith the lord : the sword and bloud shall not depart from thy house , nor from the nation , but shall rage against thee all the days of thy life , slaying thy séed , uutil thy kingdom shall be translated to another realm and nation , whose customs and language that nation over which thou reignest knoweth not ; 〈…〉 in ulti●um red gat serv●tutem , who shal● reduce them into the ertremet bondage , for conspiring with thy ignominious mother against the bloud of thy brother . neither sh● thy fin , nor the sin of thy mother , nor the sin of those who were privy to her wicked counsell , that they mi●ht stretch ●ut an hand against the lords anointed to slay him , be expiated , but by a long revenge , and much effusion of bloud . which accordingly came to pass ; and let all others whom it concerns most nearly , with our whole english nation now seriously reminde it . this prophecie was presently after seconded , with a prodigious cloud , spread and seen over all england sundry nights , which appeared sometimes bloudy , other times fiery , and then changing it self into divers sorts of flashings and colours , vanished about the morning . the very next year following the barbarous danes invaded england , burnt southampton , killing and carrying away prisoners almost all the inhabitants thereof ; after which they infested and wasted the isle of teneth , and city of west-chester , invading england every year with new forces , til they had laid the whole kingdom desolate , expelled king ethelred , with his queen and children , into foreign patts , and possessed themselves both of the crown and realm , as absolute soveraigns . and here , before i proceed further , i cannot but take special notice of gods admirable retaliating justice inflicted upon some of our saxon usurping regicides and their posterities , worthy our saddest contemplation . * king edgar ( as i touched before ) injuriously usurped upon his elder brother king edwyn ; and by force of arms deprived him of half his crown and kingdom at first , and of his whole realm , if not life too , at last . but within few years after by gods avenging hand , his best beloved eldest son and heir , king edward , to whom he bequeathed the crown at his death , was first opposed in his succession , and soon after most treacherously butchered by his own queen and younger son , who invaded the crown by his slaughter . king edgar treacherously slew earl ethelwold , ( as you have read ) to espouse his wife elfreda , & crown her for his best beloved queen ; who ( no doubt ) was consenting to , if not the contriver of his murder , as he was hunting in worel forest . and she to requite this murder , kills his own son and heir king edward , as he came from hunting in a forest , not very far distant from the same place . elfere earl of mercia , the queens chief counseller and instrument to murther and dethrone king edward , ( whom he stabbed to death with his own hands , as malmesbury records , ) though to expiate this crime , he soon after honourably translated his corps from warham to shaftsbury-minster ; yet by gods avenging wrath , about a year after his whole body was eaten up of lice and worms , so that he died most miserably . queen alfrida the chief plotter of this murder , soon after the fact , was struck with such horror of conscience for this bloudy regicide , that to pacifie the pangs thereof , and expiate the guilt of his crying bloud , she built two monasteries at almesbury and warwel , and casting off her royal robes and state , entred into the later of them , where she afflicted her self with sackcloth , fasting , weeping , and severe penance unto the day of her death , bewailing this bloudy crime all the remainder of her life . the whole english nation , who were either consenters to , or overgreat connivers at their soveraigns murther ( which they never publikely questioned nor revenged ) were not only stricken , consumed with all sorts of plagues and strange diseases , but uncessantly invaded , oppressed , spoiled , captivated , conquered , murderated , and almost quite extirpated by the barbarous danes , who usurped the soveraignty over them for three generations , being made a spectacle of divine justice both to angels and man. as for king ethelred himself , though then an infant , he purchased nothing else by his brothers blood , but a crown of thorns and cares , living in perpetual warrs , cares , fears , wants , distresses , being crossed in all his designs , warrs by land and sea , contemned , deserted , and frequently betrayed by his own counsellers , nobles , commanders , souldiers , subjects ; forced out of the realm with his queen , children , by the conquering danes , all living like exiles in forein parts ; dying at last neither lamented nor desired ; some of his sons after his death were treacherously murthered , ( as edmund ironside by his own brother-in-law , and eth●lred his son-in-law , duke edert ) all his posterity renounced by the english , and the danes preferred before them , banished , betrayed , devoted to ruine by the usurping danes , and his own temporizing english prelates and nobles . of which more fully hereafter . take but this brief character of his unhappy reign out of a william of malmsbury , and b henry de knyghton ; ethelred us post occisionem fratris sui edwardi in regem levatus . annis reguum potius obsidit , quam rexit . nam vitae suae cursus saevus et infanstus fuit ; in principio , miser ; in medio et fine , turpis et reprobus , . iste tenuit regnum in magna angustia : nec mirum , quia sic felonice et injuste intrusus est in regnum , rex suorum perfidia ducum avito ex te●ris solio , et opis egens alienae , in cujus manu aliorum solebat salus pendere . e normannia accercitus londoniae agebat propter proditores , nunquam procedens , ubi animam laboribus et miseriis natam efflavit . post cujus mortem proceres regni , cum clero stirpem ejus abhorrentes , canutum recognoverunt regem suum fore . all which calamities fell upon these regicides , traytors , and the whole english nation , as our historians observe , for the murder of their lawfull soveraign . and have we not all now just cause to fear the very like , or some sorer judgements for the selfsame crying sin , and other transcendent , bloudy , traiterous violences , oppressions of all kinds , farr exceeding this , and all others in former ages ? but to proceed from these generals , to the most observable particulars during his reign . anno dom. . being the second year of king ethelreds reign , the c danes began their invasion and persecution of the english , wasting , depopulating with fire and sword southampton , chester , the isle of teneth , cornwall , devonshire , and other places , continuing their depredations sundry years after , till they became lords and masters both of the crown and realm . all our historians record , that the sins of the english nation , ( especially their treason and treachery against their innocent murdered soveraign ) were the original cause of this danish invasion , and most fatal judgement : to which bishop d lupus in his oration , subjoyns these other sins , pertinent to my theam , of which i fear our nation is now farr more guilty than their ancestors in that age : ecelesiae vastantur , ordo clericalis ludibrio habetur et contemp●ui ; ima plebs proditorie è regno sumpto pretio venundatur , infantes ab ipsis incunabilis ad miseram servitutem sumpti et redacti sunt , omnisque benignitas et eleemosyna perit . ipsi denique liberi avita libertate frui , et in serbili conditione constituti , bonis magnis partis laboribus aut aliundè concessi● , uti prohibentur . et quia haec gens perjurlis , mendaciis juramenti , fidei , faederum atque pignorum fractionibus crebris , homicidio , furto , et quae ad rempublicam labefactandam summae sunt proditione , falso atque technis baferrimis in ipsos domiuos atque heros multifariam deliquit , ●ujus fuit indicium , edwardi regis ipsis hostibus traditio , &c. the external causes principally inviting , incouraging the danes to this invasion , as e matthew parker , and f mr. fox conjecture , were these : quod à segnibus et torpentibus monachis regni facultates essent absorptae ; auctaque indies dacorum vis ab anglorum sub monachis redactorum ignaviam , et civilia orta multa discrimina ; quae dacos efferarunt victores . and that the danes perceiving the discords that were then in the realm , and the hearts of the subject to be withdrawn from , and set against their soberaign , they thought it a sufficient occasion and advantage to forward their intendments , and omitting no time , arived on the coasts of kent , and spoiled the country as aforesaid . about the year of our lord . one lefsi bought lands in the isle of ily of adelwold bishop of winchester , and not only denied to pay for them , but likewise forcibly disseised the bishop of . manors , burch , undeles , and kateringes , which the bishop recovered by judgement of the earldermen , and thames in the witenagemote ( wittagemiot ) or parliamentary assembly of that age , thus reported by the antient g book of ely , and by h mr. selden , out of it . edicitur placitum apud londoniam , quo cum duces , principes , satrapae , rethores et causidici ex omni parte confluxerant , beat us aedelwoldus praefatum lefsium in jus protraxit , et coram cunctis suam causam et injuriam , ac rapinam quam ipse leofsius intulerat sanctae ecclesiae ex ordine patefecit . qua re benè ac apertè ab omnibus discussa , omnes deo et beato aethelwaldo per judicium reddiderunt burch , et undeles , et kateringes . judica verunt etiam ut leofsius episcopo totum damnum suum suppleret , et * mundam suam redderet , de rapina vero regis forisfacturam emendaret , dato pretio genealogiae suae . post haec infra octavum diem convenerunt iterum ad northamtune et congregata ibi tota provincia , sive vicecomitatu , coram cunctis iterum causam supradictam patefecerunt . qua patefacta ac declarata , ut praejudicata erat apud londoniam , judicaverunt et isti apud northamtune . quo facto omnis populus cum jure jurando in christi cru●e reddiderunt episcopo quae sua erant , scilicet , burch , et undeles , et kateringes . by which president it is apparent , . that parliamentary councils in that age held pleas , and gave judgements of disseisins and titles of lands . . that they had lawvers to assist them , and plead such cases before them . . that the judgement given in the great council at london , was confirmed ; recited , and executed in the county-court held at northampton , and possession of the lands accordingly restored to the bishop . king i ethelred being incensed against the bishop of rochester , anno . as some , or . as others compute it , besieged the city of rochester for a long space ; vvhereupon archbishop dunstan commanded him to give over the siege , lest he should provoke st. andrew , patron of that city , against him . the king not withstanding continued his siege till he extorted one hundred pounds from the bishop . vvhere upon dunstan admiring at his covetousness , sent him this message . because thou bast preferred silver before god , mony before an apostle , covetousness before me , the evils which the lord hath denounced shall violently come upon thee . upon which matthew westminster makes this observation . anno . rex anglorum aethelredus qui prohibente beato dunstano ce●tum libras ab episcopo roffensi extorserat , pro pace brevissima pensionem millium librarum persolvere compulsus est . vvhich fell not out till the year . as himself and others record . malmesbury referrs it to the tax of thousand pounds , paid by him to the danes . anno . in this year . alfric duke of mercians , son of duke alfere was banished england crudeliter , cruelly , without just cause , as bromton recites , which made him afterwards prove treacherous to the king , he being one of those english , quos nullis causis extantibus exhaeredabat rex , et affecto crimine , opibus emugebat ; which malmesbury taxeth him for . his oppression and injustice , being the chief causes of his miscarriage and expulsion by the danes . anno . the danes invading vvecedport , thereupon goda earl of devonshire , strenwild , a most valiant knight , and many others in defence of their native country and liberties , fought with them , and were slain by them . and anno . brithnoth the most valiant duke of the east english , and his forces , fought a set battle with the invading danes , who wasted ipswich and the parts adjoyning : in which battel an innumerable multitude were slain on both sides , and this valiant duke with many thousands of the english , in defence of their country against these invaders . after which , by the counsel of l syricius archbishop of canterbury , duke aethelward , alfric , and other nobles ( assembled no doubt in a parliamentary 〈◊〉 , as malmesbury his duces et proceres si quando in concilium venissent , pars hic , 〈◊〉 illud el●g●runt . &c. and henry de knyghton his proceres regni , si quando ad concilium congregati , &c. import ) a tribute of ten thousand pounds was given to the danes , that they might desist from their frequenr rapines , and slaughters of men , which they frequently exercised about the sea-coasts , pacemque firmam cumiis tenerent , and might hold a firm peace with them . some of our historians stile this m infaustum concilium , an unlucky council . eadmerus n gives this verdict of it . regis desidia circum circa innotuit , et ideo extevorum cupiditas opes anglorum quam mortes affectans , hac & illac , per mare , terram invadere : & primo propinquas mari villas & urbes , deinde remotiores , ac demum totam provinciam miserabili depopulatione devastare . quibus cum ille nimio pavore perculsus , non armis occurrere , sed data pecunia pacem ab eis petere non erubuisset , ipsi suscepto pretio in sua revertebantur , ut , numero suorum adaucto fortiores redirent , ac praemia iteratae irruptionis multiplicata reciperent ; unde modo decem millia , modo sedecim millia , modo viginti quatuor millia , modo triginta millia librarum argenti consecuti sunt : omnia illis largiente praefato rege edelredo . et gravi exactione totum regnum opprimente . o vvilliam of malmesbury passeth this censure on it , and the unhappy consequence of it . danis omnes portus infestantibus , & levitate piratica ubique infestanribus , dum nesciretur , ubi eis occurrere debent decretum à syriaco archiepiepiscopo . &c. ut repellerentur argento qui non po●erunt ferro . ita decem millia librarum soluta cupiditatem danorum exple●ete . exemplum infamiae et viris indignnm , libertatem pecunia redimere , quam ab invicto animo nulla violentia poseit excutere . et tunc quidem palisper ab incur●bus cessarunt , mox ubi vires otio resumpserunt , ad superiora re●itum . tantus timor anglos invaserat , ut nihil de resistendo cogitarent . si qui antiquae glorlae memores obviare ; & signa colligere tentassent , hostium multitudine , & sociorum defectione destitue bantur whereby they became vassals and tributaries to the insulting danes . cujus siricii consilio in gestis regum dixi ethelredum regem animi libertatem danis pretio vendicasse . ut eorum pacem argento redimerent , quod ferro repellere posset , nisi corde car●ret . unde importabilis tributi pensio imposita angliae , fortunas provincialium ad solum usque destruxit . q henry huntindon , and the r chronicle of bromton pass this verdict against , and deduce this memorable observation from this tribute . edelredi regis , anno . primo statuerunt angli ( which intimates it to be decreed in a parliamentary council ) concilio infausto siricii archiepiscopi , quod ipsi censum dacis persolverent , quatenus à rapinis & caede ce●●arent , & dederunt eis decem mille libras . hoc autem malum usque in hodiernum diem duravit , et diu , nisi dei pietas subveniat , durabit : regibus namque nostris modo persolvimus , ex consuetudine quod dacis persolvebatnr ex ineffabili terrore . to which bromton , ſ ranulphus censtrensis , and t henry de knyghton immediately subjoyn . dacis tributum annuum solvunt . primo anno milia librarum , secundo anno millia librarum , tertio anno millia librarum , quarto anno millia , quinto anno . millia librarum , donee tandem pecunia deficiente iterum tenderent ad rapinas . et tunc northimb●ia 〈◊〉 de●●aedantes ▪ et londoniam obsidente● , coegerunt regem tributum dare . u mat. parker archbishop of canterbury , thus censures this ill advice of his predecessor ; siricius pacem christianis ab infidelibus dacis . librarum millibus redemit , ad ignominiam sane , peneque pernicient totius regni . x mr. john fox informs us , that king ethelred being glad to grant the danes great sums of money for peace , gave himself to polling of his subjects , and disinheriting them of their possessions ; and caused them to redeem the same again with grea● sums of money ; for that he paid great tributes to the danes yearly , which was called danegelt . which tribute so increased , that from the first tribute of l. it was brought at last in processe of . or . years , to l. the which yearly tribute ( until the coming of st. edward and after ) was levied of the people of the land : moreover , for lack of ●ustice , many theeves , rioters , and bribers , were in the land , with much misery and mischief . to which sorrow moreover was joyned hunger and penury ( besides a bloudy flux , feavers , mortality , murrain amongst cattel , &c. ) amongst the commons , insomuch that every one of them was constrained to pick and steal from others . so that what for the pillage of the danes , and what by inward theeves and bribers , this land was brought into great affliction : albeit the greatest cause of this affliction ( as it seemeth to me ) is not so much to be imputed to the king , as to the dissention among the lords themselves , who did not agrée one with another ; but when they assembled in consultation together , either they did draw divers wayes , or if any thing were agreed upon any matter of peace between the parties , soon it was broken again ; or else if any good thing were devised for the prejudice of the enemy , even the danes were warned thereof by some of the same council . y john speed , in his hist : of great britain relates , that king ethelred could not redness the evils occasioned by the prosperous danes successes ▪ who lay in the land like unto grashoppers , his strengths being small and his subjects affections less . therefor calling to counsell the statesmen and peers , demanded their advic● , what was best to be done ▪ some few of these profe●ed the king their assistance , but more of them perswaded to a composition , whereof siricius archbishop of canterbury was chief ; and in fine , ten thousand pounds paid to the danes for their departure . this golden mine once entred , was more eagerly digged into by those still-thirsting danes , who finding the branch so beneficial at first , hoped the vein in following would prove farr more beneficial ; and therefore , regardless of promise , the next year prepared themselves again for england , and with a great fleet dispatched to sea. the news whereof struck such terror into the english hearts , that despairing of hope ▪ they accounted themselves the bondslaves of misery , and were enforced to compound a peace with them , with the payment of pounds , which they at last mounted to ( or ) pounds . till it emptied the land of all her coin , the kingdom of her glory , the nobility of their courage , the commons of their content , and the soveraign of his wonted respect and observation . ( a pattern of our age and times . ) z samuel daniel gives us this censure of this first unworthy heavy tax : ethelred in the end was fain , seeing he could not prevail with the sword , to assail them with money , and bought a peace for pounds , which god wot , proved after a very dear penny-worth to the commonwealth : shewing the seller thereof , how much was in his power , and the buyer , at how bad a rate , his necessity was to be served , and yet not sure of his bargain , longer than the contractor would . who having found the benefit of this market , raised the price therof almost every year . and yet had not ethelred what he paid for , the land in one part or other being never free from spoil and invasion , but rather , were more oppressed both by the dane , and by this taxation , which was the first we find in our annals laid upon the kingdom , and with heavy grievance raised in a poor distressed state , continuing many ages after the occasion was extinct ; and in the end ( though in ●no her name ) became the usual supplement in the dangers of the kingdom , and the occasions of princes . and hereby ethelred enlarged the means and desires of the enemy , so that at length came swaine king of denmark , and anlafe king of norwey in person , as if likewise to receive him for committing outrage , and were both returned with great summs . and many years it was not ere swaine returned again to raise new summs by new afflictions , and tormenting here this poor turmoiled people more than ever , receives a fee for bloudshed , to the summ of l. granted in the general assembly of the states at london ; and a peace , or rather paction of servitude concluded . from these passages of our historians it is most evident . . that this tax of ten thousand pounds to the danes , was the very first we find imposed on the english nation , an. domini , being never subject to any publike civil tax til then , for ought appears by history . . that this tax was then imposed , and after reimposed , augmented on the nation , only by common advice , grant , and consent of the king , prelates , and nobles assembled in a publike and parliamentary council . . that the original ground of granting it was base degenerous cowardise , or unmanly fear , and sluggishness , both in the king , nobles , and people , and that by the very unlucky , imprudent , ill council and advice , of an archprelate , siricius archbishop of canterbury being the ptinciple adviser of it . ly . that it was originally paid , not to a lawfull native soveraign king , for defence of the nation , but to a forein invading prevailing , victorious danish enemy , to purchase peace , and be quit of future troubles and invasions . ly , that when this was first imposed , it was with a belief and resolution never to reiterate or draw it again into custom or president in succeeding ages : and that only to satisfie a covetous invading enemy for the present , without any thoughts that it would but strengthen or encourage their enemies to new invafions and tributes of this nature , doubled and trebled on the nation afterwards . yet loe the contrary sad effects of this ill president & advice . . it is within few years after , several times drawn into use and custom again . . it is every time increased , augmented more than other , till it amounted to times as much as it was at first . . it did but impoverish , weaken the english themselves , and much strengthen , encourage their danish enemies , and keep them still under their vassalage . whereas so much mony or less raised and spent for their own defence against the danes , would probably have expulsed and beaten them home to their own country with losse , and so have prevented their future invasion . ly after the danes were quite expelled , and the occasion of this tax quite extinct , yet it then became a usual constant suppliment to our kings for sundry ages after , upon all occasions , and was the only ground-work , pattern , of all the heavy publike shipmony , taxes , aids , impositions , payments , under which the people have suffered in all succeeding ages , till this present . it is very dangerous therefore for parliaments , or statesmen , upon any extraordinary pressing necessity , to lay any new taxes , tributes , or imposts on the people , and most perillous for the people voluntarily to submit unto their payment ; fot being but once or twice granted , imposed , paid , and made a president , they are hardly ever abolished or conjured down again , but kept still on foot upon some pretext or other ; yea oft doubled , trebled , and quadrupled by degrees , to the peoples grand oppression and undoing , as we may see by this old president of danegelt ; and the late sad presidents of our new imposed excises , imposts , monethly contributio●s , raised from to , , , , , and thousand pounds , amonth , and the excise from thousands to millions ; and so continued for sundry years , without hope of end , or ease : the only blessed lib●rty which we have hitherto purchased with all our prayers , tears , easts , counsels , treasures , wars and whole oceans of christian blood . i shall therfore desire our late and present tax-masters , excisers , if they be not now past all shame , sadly to consider , how much more burthensome and injurious they have been , & are now to their native christian english brethren , than the barbarous pagan , fore in invading danes were then to their predecessors ; in that they by their own authority , without any lawfull grant , or act by a free parliament , impose on their brethrens exhausted purses and estates , no less than or thousand pounds every moneth , besides excises , imposts , customes , amounting to much more ; when as the barbarous , forein danes exacted of them , only by their own common consent in free parliamentary councils , only ten thousand pounds in one year at first , and then , , , , or l. at the utmost for several whole years tribute , without any excise , imposts , or other customs . which meditation me thinks should now induce them to mitigate , release , cease , our long continued uncessant taxes , excises , imposts , or at least to reduce them to the danes highest annual proportion , of thousand pounds , lest the whole nation and posterity repute them more oppressive , barbarous , tyrannical to their christian countrymen now ; than the worst of the forein pagan danish invaders were heretofore , and greater present enemies to their native country , than the danes then were to our progenitors . the self same year a there being some difference between king ethelred and richard marquess of normardy , he thereupon slew and pillaged all the english passing through his country , and affronted king ethelred with frequent injuries . pope john the . hereupon sent leo his legate , with exhortatory letters to make peace between them : who coming with them to king ethelred on christmass day , anno . the king , upon receit of the popes letters . accersitis cunctis sui regni fidelibus , utriusque ordinis sapientioribus , assembling all the wisest men of his realm of both orders , for the love and fear of almighty god , and st. peter the prince of the apostles , granted and estabished a most firm peace with all his sons a●d daughters , present , and to come , and with all his lieges , without guile . in pursuance whereof , the king sent edelfinus bishop of sherburn , with two other persons of quality into normandy to the marquess : who , upon receit of the popes admonitions , and hearing of the kings decree , with a willing mind , confirwed the said peace with his sons and daughters present and to come , and with all his subjects , upon this reasonable condition , that if any os them , or they themselves should perpetrate any unjust thing against the other , it should be expiated with eondign reparation . which peace that it might remain perpetually firm , was ratified by the oaths of the commissioners of both parts , at rhoan , in march following . here we have a peace advised , ratified by the direction of a parliamentary great council : recorded at large by malmsbury : the last clause whereof was this , et de hominibus regis , vel de inimicis suis , nullum richardus recipiat , nec rex de suis , sine sigillo eorum . king b ethelred in the year . hearing that the danes intended a new invasion of england , and that they had sent a great fleet to sea , contrary to their former agreement the year before , assembled a council of his nobles to consult how to resist them . what the result of their consultation was , florence of worcester thus record . consilio jussuque regis anglorum etheiredi , procerumque suorum , de tota anglia robustiores , londoniae congregatae sunt naves . by the counsel and command of ethelbert king of england , and of his nobles , all the strongest ships were assembled together at london , out of all england ; which the king furnishing with choice souldiers , made duke alfric , duke thorold ; alstan and aes●win ( two bishops ) admirals over them ; commanding them , if by any means they could , to take the danish army , and fleet by invironing them in some part . but duke alfric ( formerly banished , forgiven , and now made chief admiral ) turning traytor , both to his king and country , first sends a secret messenger to the danes , to acquaint them with the designs against them , intreating them to prevent the ambushes prepared to surprize them , whereby they escaped the hands of the english . after which , when the english and danes were ready to encounter each other in a sea-fight , alfric fled secretly to the danish fleet the night before , and by reason of the instant danger , fled away shamefully with them . the kings navy pursuing them , took and pillaged one of the danish ships , slaying all the men therein . but the london ships meeting with the other danish pirates , as they were flying , fought with them , slew many thousands of the danes ; and took duke alfric his ship , with the souldiers and armes , himself hardly escaping , as wigorniensis and matthew westminster relate . but huntind . & bromton , write , that the danes recruiting their navy , met and fought with the kings navy , slew many of the londoners , triumphantly took whole armed ships , and duke alfric who was in them ; whom the king should not have trusted , according to the antient saying : quem semel gravitèr laeseris , non facile tibi fidelem credideris . for this treason of alfric , the king caused the eyes of his son algar to be put out , unde odium & infamia ejus crudelitatis adaucta est , as hunti●don and others observe . the next year . the c danish fleet entring humber , wasted the country of northumberland and lindesey , burning the villages , slaying the people , and pillaging their goods . whereupon great multitudes of the people of that country , assembling together , resolved and hastned to fight with them : but when they were ready to give them battel , frena , frithgist and godwin their captains , being of danish progeny , proving treacherous to their followers , perswaded them to fly , and fled first themselves . notwithstanding the country ( as malmesbury , speed , and others write ) being unable to digest their intollerable insolence and plunders , fell upon the danes , slew many of them , and chased away the rest to defend their lives , liberties , and estates . anno . swane king of denmark and anlafe king of norwey with ships sailed up to london , besieged and fiercely assaulted the city , thinking to take it ; but the citizens so manfully defended it , that they repulsed the danes thence with great loss . who thereupon turning their fury upon the counties of essex , kent , sussex , and southampton , so greivously wasted them with fire and sword , burning the villages , and slaying the inhabitants , that king ethelred , concilio procerum suorum , by the council of his nobles ( assembled together for that end , as wigorniensis matthew westminster , hoveden , simeon dunelmensis and others write ) sent embassadours to them , promising to give them tribute and wages , and money , upon this condition , that they should desist from their cruelty . who thereupon condescending to the kings request , returned to their ships , and drawing all their army together unto southampton , wintered there : to whom a tribute of sixteen thousand pounds , was given and paid out of all england , that they should cease from their rapines and ●laughters of innocent persons . after this agreement king anlaf tepaired to andover , to king ethelred , where he received baptism , ethelred being his godfather : and bestowing great gifts upon him ; heteupon anlaf entred into a league with him , promising , to return into his own countrey , and never after to return into england with an army ; which promise he faithfully observed . the articles of the agreement between king ethelred and him , are at large recorded in the chronicle of bromton , col. , . being made by advice of all his wisemen assembled in a parliamentary council , a● this title to them intimates . haec sunt verba pacis et prolocutionis , quas ethelredus rex et omnes sapientes ejus cum exercitu firmaverunt , qui cum ana●an● , ●t justino , et gudermundo stegiari filio venit . the articles of the peace between them are x. in the saxon , but xi . in the latin copy . the perfidious e danes violating their former agreement , anno . came with a great fleet and army into the mouth of severn , wasted and laid waste and desolate northwales , and most of the west and south parts of england , no man resisting them , gaining an extraordinary great booty and wintring about tavestock . the next year . they entring the river of frome , wasted and spoiled dorsetshire , the isle of wight , and sussex over and over , living upon their spoils : whereupon the english many times assembled an army to resist and expell them ; but so often as they were about to give them battel , angli aut insidiis , aut aliquo infortunio impediti , terga verterunt , et hostibus victoriam dederunt ; most of the nobles of england secretly favouring the danes , and not loving ethelred , quia alfrida mater sua pro ipso liberius in regno substituendo , sanctum edwardum fratrem suum dolosè extinxerat , as bromton and others attest . anno . the danish fleet entring the river of medway , besieged rochester , and wasted kent . the kentish men uniting their forces fought a sharp battel with them , wherein many were slain on both sides , but the danes winning the field , horsed their foot on the horses they gained , and miserably wasted all the west part of kent . which king ethelred being informe● of , suorum primatum consilio et classem et pedestrem congregavit exercitum ; by the advice of his nobles , he assembled a navy and foot army to encounter them . but whiles the ships were preparing , the captains of the army delaying from day to day their begun levyes and undertakings , grievously vexed the people . in conclusion , neither the navy nor army did any thing at all for the peoples benefit or defence , praeter populi laborem , pecuniae pe●ditionem , hostium incitationem , as florentius wigorniensis , roger hoveden , and others observe . hereupon f king ethelred , anno . for the better defence of his realm , resolved to take to wife emma daughter of richard earl of normandy , who was then most valiant , and formidable to the whole realm of france : for he saw himself and his subjects very much weakned , and did not a little fear their future overthrow . hoc autem dei nutu factum esse constat , ut veniret contra improbos malum . genti enim anglorum quam sceleribus suis exigentibus disterminare proposuer at , sicut et ipsi brittones peccatis accusantibus humiliaverant , dominus omnipotens duplicem contritionem proposuit , et quasi militares insidias adhibuit . scilicet , ut hinc dacorum persecutione saeviente , illinc normannorum conjunctione accrescente , si ab dacorum manifesta fulminatione evaderent , normannorum improvisam cum fortitudine cautelam non evaderent . quod in sequentibus apparuit , cum ex hac conjunctione regis anglorum , et filiae ducis normannorum , angliam , juste , secundum jus gentium normanni et calumniati sunt , et adepti sunt . praedixit etiam eis quidam vir dei , quod ex scelerum suorum immanitate , non solum quia semper caedi et proditioni studuebant , verum etiam quia semper ebrietati et negligentiae domus domini dediti erant , eis insperatum à francia adventurum dominium ; quod et eorum excellentiam in aeternum deprimeret , et honorem sine termino restitutionis eventila●et . praedixit etiam , quod non ea gens solum , verum et scottorum , quos vilissimos habebant els ad emeritam confusionem dominaretur . praedixit nihilominus varium adeò seculum creandum , ut varietas quae in mentibus hominum latebat , et in actibus patebat , multimo da variatione vestium et indumentorum designaretur . hac igitur providentia cum legatoriis ad ducem normannorum missis , rex anglorum suae petitionis concessionem obtinuisset , statuto tempore tanto digno ministerio ad dominam suam recipiendam et adducendam proceres anglorum mittuntur in normanniam , quae longo et digno regibus apparatu dirigentur in angliam . thus henry archdeacon of huntindon , radulphus cistrensis , bromton , and others out of them , vrite of this norman match , as the ground-work of translating the government in succeeding times from the saxons to the normans , for the saxons sinnes forenamed . this same year , the danish fleet sailing into normandy and pillaging it , king ethelred hearing of it , marched with a great army into cumberland and the northern parrs , which had revolted to the danes , and where their greatest colony was ; where he vanquished the danes in a great battel , and wasted , pillaged most of all the country . which done , he commandcd his navy to sail round about the north parts of wales , and to meet him at an appointed place , which by reason of cross winds they could not doe : yet they wasted and took the isle of man ; which success somewhat raised and encouraged the dejected spirits of the english , and encreased the kings reputation with them . in the years . h the danish fleet returning from normandy , entred the river of ex , and besieged exceter : which the citizens manfully defending , repulsed them with great loss from their walls . wherewith they being extremely enraged , marched through all devonshire , burning the villages , wasting the fields , and slaying the people , without distinction of age or sex , after their usual manner . whereupon the inhabitants of devon , somerset , and dorsetshires , uniting their forces in a body in a place called penho , gave them battel : but being overpowred by the multitude of the danes , who farr exceeded them both in number and military skill , they were forced to flie , and many of them slain . the danes thereupon getting their horses , harrowed devonshire farr worse than before , and returned with a great booty to their ships : whence steering their course to the isle of wight , they preyed sometimes upon it , sometimes upon hampshire , other times upon dorsetshire , no man resisting them . destroying the men with the sword , and the villages and towns with fire , in such sort , ut cum illis nec classica manus navali , nec pedestris exercitus certare audeat praello terrestri : for which cause the king and people were overwhelmed with unspeakable grief and sadness . in this sad perplexity , king ethelred , anno . habito consilio cum regni sui primatibus ( as florentius wigorniensis , simeon dunelmensis , radulphus de diceto , roger hoveden , and others express it ; or consilio primatum suorum , as mat. westminster and his followers relate it : ) by the counsel of the nobles of his realm , ( assembled together for this purpose at london ) reputed it beneficial for him and his people to make an agreement with the danes , and to give them a stipend , and pacifying tribute , that so they might cease from their mischiefs . for which end duke leofsi was sent to the danes , who coming to them , importuned them , that they would accept of a stipend and tribute . they gladly embracing his embassy , condescended to his request , and determined how much tribute should be paid them for to keep the peace . whereupon soon after a tribute of pounds was paid them , pro bono pacis , for the good of peace . in this assembly and council , ( as i conjecture ) i king ethelred informed his counsellers , who instructed him both in divine and humane things , with the sloathfulness , negligence , and vicious lives of the secular priests throughout england , and by their advice thought meet to thrust them out , and put monks in their places , to pour forth prayers and praises to god for him and his people in a due manner . whereupon he confirmed by his charter , the ejection of the secular priests out of christs-church in canterbury , and the introduction of monks in their places ; and ratified all the lands and privileges formerly granted them ; exempting the monastery and lands thereof from all secular services , except expeditione , pontium operatione , et arcium reparatione . beseeching and conjuring all his lawfull successors , kings , bishops , earls , and people , that they should not be , ecclesiae christi praedones , sed sitis patrimonii christi defensores seduli , ut vita et gaudio aeternis cum omnibus dei sanctis in aeternum fruamini . which charter was ratified by the subscriptions of the king , archbishop , bishops , a●b●ts , and of several aeldermen , nobles , and officers , and the sign of the cross . this year * duke leofsi slaying esric a nobleman , the kings chief provost , was judicially banished the realm by the king for this offence . after this peace made with the danes , anno . emma ariving in england , received both the diadem and name of a queen ; whereupon king ethelred puffed up with pride , seeing he could not drive out the danes by force of arms , contrived how to murder and destroy them all in one day by treachery at unawares , either by the sword or by fire ; because they endeavoured to deprive him and his nobles both of their lives and the realm , and to subject all england to their own dominion : the occasion , time , and manner of whose sudden universal massacre is thus related by mat. westminster , an. . ( though acted an. . as all accord ) and by mr. fox and others . huna general of king ethelreds militia , a valiant warlike man , who had taken upon him the managing of the affaris of the realm under the king , observing the insolency of the danes , who now after the peace made with them , did so proudly lord it through all england , that they presumed to ravish the wives and daughters of noblemen , and every where to expose them to scorn ; by strength caused the english husbandmen to soyl and sow their land , and doe all vile labor belonging to the house , whiles they would sit idely at home , holding their wives , daughters , and servants at their pleasure ; and when the husbandmen came home , they should scarcely have of their own , as his servants had : so that the dane had all at his will and fill , faring of the best , when the owner scarcely had his fill of the worst . thus the common people being of them oppressed , were in such fear and dread , that not only they were constrained to suffer them in their doings , but also glad to please them , and called every one of them in the house where they had rule , lord dane , &c. hereupon huna goeth to the king much perplexed , and makes a lamentable complaint to him concerning these things . upon which the king being not a little moved , by the counsel of the same huna , sent letters ( or commissions ) unto all the coasts of the realm , commanding all and every of the nation , that on one day after , to wit , on the feast of st. brice the bishop , all the danes throughout england should be put to death by a secret massacre , that ●o the whole nation of the english might all jointly and at one time be freed from the danish oppression . and so the danes , who by a firm covenant , sworn unto by both sides a little before , ought to have dwelt peaceably with the english , were too opprobriously slain , and the women with their children being dashed against the posts of the houses , miserably powred out their souls . when therefore the sentence of this decree was executed at the city of london without mercy , many of the danes fled to a certain church in the city , where all of them were slain without pity , standing by the very altars themselves . moreover , that which aggravated the rage of this persecution , was the death of guimild , sister of king swain , slain in this manner in england : she was lawfully maried to count palingers , a noble man of great power , who going into england with her husband , they both there received the faith of christ and sacrament of baptism : this most prudent virago being the mediatrix of the peace between the english and danes , gave her self with her husband and only son , as hostages to king ethelred for the security of the peace , she being delivered by the king to that most wicked duke edric to keep , that traytor within few days after commanded her husband , with her son , to be slain before her face with four spears , and last of all commanded her to be beheaded . she underwent death with a magnanimous minde , without fear or change of countenance ; but yet confidently pronounced as she was dying , that the shedding of her bloud would bring great detriment to england . l henry huntindon thus relates the story of this massacre . in the year . emma the jewel of the normans came into england , and received both the diadem and name of a queen ; with which match king ethelred being puffed up with pride , bringing forth perfidiousness , caused all the danes who were with peace in england , to be slain by clandestine treason , on one and the same day , to wit on the feast of st. brice , concerning which wickedness we have heard , in our infancy some honest old men say ; that the said king sent secret letters into every city , according to which the english on the same day and hour destroyed all the danes , either cutting off their heads , without giving them warning , with swords , or taking and burning them suddenly together with fire . vbi fuit videre miseriam , dum quisque charissimos hospites , quos etiam arctissima necessitudo dulc●ores effecerat , cogeretur prodere , et amplexus gladio deturbare , writes m malmsbury . the news of this bloudy massacre of the danes , being brought into denmark to king swain by some youths of the danish nation who escaped and fled out of england in a ship , moved him to tears , n vocatisque cunctis regni principibus , who calling all the princes of his realm together , and relating the whole series of what was acted to them ; he diligently enquired of them , what they would advise him to do ? who all crying out together , as with one mouth , decreed , that the bloud of their neighbours and friends was to be revenged . whereupon swain , a cruel man , prone to shed bloud , animated to revenge , by his messengers and letters commanded all the warriers of his kingdom , and charged all the souldiers in forein regions , greedy of gain , to assist him in this expedition against the english , which they cheerfully did , he having now a fairer shew to do foully than ever , wrong having now made him a right of invasion , who had none before . anno . king swain ariving with a great navy and army in england , by the negligence and treachery of one hugh a norman , whom queen emma had made earl of devonshire , took and spoyled the city of exeter , rased the wall thereof to the ground , and burnt the city to ashes , returning with a great prey to his ships , leaving nothing behind them but the ashes . after which wasting the province of wiltshire : a strong army congregated out of hamshire and wiltshire , went with a resolution manfully and constantly to fight with the enemy ; but when both armies were in view of each other , ready to joyn battel , earl edric their general ( a constant traytor to his country , and secret friend to the danes ) feigned himself to be very sick , and began to vomit , so that he could not possibly fight . whereupon the army seeing his slothfulness and fearfullness , departed most sorrowfull from their enemies , without fighting , being disheartned by the cowardise of their captain : which swane perceiving , he marched to wilton and sarisbery , which he took , pillaged , and burnt to the ground , returning with the spoil to his ships in triumph . the next year swane ( to whom god had designed the kingdom of england , as some old p historians write ) sailing with his fleet to norwich , pillaged and burnt it to the ground . whereupon ulfketel , duke of east-england , a man of great valour seeing himself surprized , and wanting time to raise an army to resist the danes , cum majoribus east-angliae habito consilio , taking counsel with the great men of east-england , made peace with swane ; which he treacherously breaking within three weeks after , suddenly issuing out of his ships , surprized , pillaged , and burnt thetford to the ground ; and covering the c●untry like locusts , spoyled all things , and slaughtered the country-men without resistance . which duke ulfketel being informed of , commanded some of his country-men to break his ships in pieces , in his absence from them , which they not dared , or neglected to do , and he in the mean time raising an army with as much speed as he could , boldly marched against the enemy , retu●ning with great booties to their ships ; where after a long and sharp incounter on both sides , the english being over-powered by the multitude of the danes , were totally routed , and all the nobles of east-england there slain in their countries defence , who fought so valiantly , that the danes confessed they had never an harder or sharper battel in e●gland than this . the great loss the danes sustained in it , though they got the field , and an extraordinary famine in england the year following , greater than any in the memory of man , caused swane to return into denmark to refresh and recruit his army . king ethelred quit of these enemies , anno , deprived wulfgate the son of leonne , whom he had loved more than all men , of his possessions and all his honours , propter injusta judicia , for his unjust judgements and proud works ; and likewise commanded the eyes of the two sons of that arch-traitor edric streona to be put out at cocham , where he kept his court , because edric had treacherously inticed a bloody butcher , godwin porthound ( whom he corrupted with great gifts ) to murder the noble duke althelin at scoborbyrig , as he was hunting , whom edric purposely invited to a feast , that he might thus treacherously murder him . while these things were acting , in the month of july , the danes returning with an innumerable navy into england , landing at x sandwich , consumed all things with fire and sword , taking great booties , sometimes in sussex , sometimes in kent : whereupon king ethelred gathered a great army out of mercia and the west-parts of england , re●o●●ing valiantly to fight with the 〈◊〉 ▪ who declining any open fight , and returning to their ships , landed sometimes in one place , sometimes in another , and so pillaging the country , returned with the booty to the ships before the english army could encounter them , which they vexed all the autumn in marching after them from place to place to no purpose : the english army returning home when wintet began to approach , the danes with an extraordinary booty sayled to the isle of wight , where they continued till the feast of christs nativity , which feast they turned into sorrow . for then they marching into hampshire and berkeshire , pillaged , and burnt down reading , wallingford , colesey , essington , and very many villages , quocunque enim peragebant , quae parata erant hilariter comedentes , cum discederent in retributionem procurationis reddebant hospiti caedem , hospitio flammam , as huntindon , bromton , and others story . as they were returning another way to their ships with their booty , they found the inhabitants ready to give them battel at kenet ; whom the danes presently fighting with , and routing , returned with triumph to their ships , enriched with the new spoils of the routed english . king ethelred lying all this time in shropshire , unable to resist the danes , anno . cum consilio primatum suorum ( as florentius wigorniensis , simeon dunelmensis , polychronicon , and others express it ) by the counsel of his nobles , sent messengers to the danes , commanding them to tell them , quod sumptus et tributum illis dare vellent , that they would give them costs and tribute , upon this condition ; that they should desist from napines , and hold a firm peace with them ; to which request they consented , and from that time costs were given them , and a tribute paid them of thirty six thousand pounds out of all england , y henry humindon , & bromton , thus relate the business . rex et senatus anglorum , dub●i quid agerent , quid omitterent , communi deliberatione , gravem conventionē cum exercitu fecerunt , & ad pacis observationē mil. librar . ei dederunt . a clear evidence that this agreement and peace was made , and money granted and raised in england , by common advice & consent in parliament ( or council ) infr●●duit anglia tota velut arundinem zephiro vibrante collisum . unde rex ethelredus confusione magna consternatus , pecunia pacem ad tempus , quam armis non potuit , adquisivit , writes z matthew westminster . rex anglorum ethelredus , pro bono pacis tributum mil. librarum persolvit dacis , as a radulphus de diceto words it . after which the king this year made edric , ( aforementioned ) duke of mercia ; and that by the providence of god , to the destruction of the english , a man of base parentage , but extraordinary crafty , eloquent , witty , and unconstant , surpassing all of that age in envy , perfidiousness , pride , cruelty and treason , who soon after maried the kings daughter edith : whereby he had the better opportunity to betray the king and kingdom , with less suspition . b king ethelred , though often vexed with the wars and invasions of these forein enemies , yet he had a care to make good laws for the benefit , peace and safety of his people ; whereupon , having thus made peace with the danes , an. . he summoned and held a great parliamentary council at aenham , on the feast of easter , at the exhortation of aelfeag archbishop of canterbury , and wulstan archbishop of yorke , who together with the rest of the bishops , and all the nobles of england were present at it . regis aethelredi edicto concrepante acciti sunt convenire . where they all ●●●embling together , de catholicae cultu religionis reparando deque etiam rei statu publicae reparando vel consulendo , plura et non pauca , utpote divinitus inspirat● , ratiocinando sermocinabantur . in this council they debated , resolved on divers things , and enacted many wholesom laws and edicts for the reformation and setling of religion , and churchmen , the advancement of gods worship ; the government of the church and state , the advancement of civil justice and honesty , and defence of the realm by land and sea , beginning with the things of god and the church in the first place ; which you may read at large in sir henry spelman . some laws where of i shall here transcribe , being very pertinent to my subject . cap. . sapientes decernunt , ut leges quique coram deo et hominibus aequas statuant et tueantur : iniquas autem omnino deleant : justitiam pauperi atque diviti , pari exhibentes lance : et pacem insuper et concordiam piè in hoc seculo coram deo et hominibus retinentes . cap. . sapientes etiam decernunt , ut nemo christianum et insontem pretio tradat extra patriam , praesertim in pagani alicujus servitium . cap. . sapientes etiam decernunt , ut pro delicto modico nemo christianum morti adjudicet , sed in misericordia potius leges administret ad utilitatem populi ; et non pro modico eum perdat , qui est opus manuum dei , et mercimonium ejus magno comparatum pretio . de quolibet autem crimine acuratius decernito , sententiam praebens juxta factum , mercedem juxta meritum , ita scilicet , ut secundum divinam clementiam levis sit poena , et secund um humanam fragilitatem tolerabilis . cap. . nemo dehinc in posterum ecclesiae servitium imponat , nec clientelam ecclesiae injuriis afficiat , nec ministrum ecclesiae 〈…〉 episcopo . cap. . verba et opera rectè quisque dispona● , et jusjurandum pactamque fidem cautè toneas . omnem etiam injustitiam è patriae finibus quâ poterit industriâ quisque ejiciat , et perjuria formidanda . cap. . urbium , oppidorum , arcium atque pontium instauratio sedulo fiat , prout opus fuerit , restaurentur , renoventur ; vallis et fossis muniantur , et circumvallentur ; militaris etiam et navalis profectio , uti imperatum est , ob universalem utique necessitatem . cap. . de navali expeditione sub paschate . cavendum etiam est , ut celerius post paschatis festum navalis expeditio annuo sit parata . si quis navem in reipublicae expeditionem designatum vitiaverit , damnum integrè restituito , et pacem regis violatam compensato . si verò eam ita prorsus corruperit , ut deinceps nihili habeatur , plenam luito injuriam et laesam praeterea majestatem . so one translation out of the saxon copy reads it : but another thus . naves per singulos annos ob patriae defensionem et munitionem praeparentur : po●ique sacrosanctum pascha cum cunctis ut ensilibus competentibus simul congregentur . qua etiam poena digni sunt qui navium detrimentum in aliquibus perficiunt , notum cunctis esse cupimus . quicunque aliquam ex navibus per quampiam inertiam , vel per incuriam , vel negligentiam corruperit , et tamen recuperabilis sit ; is , navis corruptelam vel fracturam ejusdem , per solidam prius recuperet , regique deinde , ea quae pro ejusdem munitionis fractura , sibimet pertinet , ritè persolvat . cap. . de militiam dotractante . si quis de profectione militari cui rex intererit , sine licentia se substraxerit , in detrimentum currat omnium fortunarum . these three last lawes most clearly demonstrate , that the militia and military affairs of this age , with all their provisions of arms , ships for defence of the realm by land and sea , against the invading danes , and other enemies , with their military laws , and all other apurtenances thereto belonging , were ordered and setled in their general councils by common consent . cap. . si quis vitae regis insidiabitur , sui ipsius vitae dispendio , et quas habet , rebus omnibus poenas luito : sin negaverit , et purgatione qua licuerit , expetierit , solemniori eam faciat juramento , vel ordalio triplici , juxta legem anglorum , et in danorum lege , prout ipsa statuit . cap. . si quis christi legibus , sive regis se nefariè opposuerit , capitis plectitor aestimatione , vel mulctâ aliâ , pro delicti qualitate . et si is contrarius rebellare armis nititur , et sic occiditur , inultus jac eat . cap. . scrutari oportet diligentius unumquemque modis omnibus , quonam pacto illud ante omnia efferatur consilium , quod populo habeat utilissimum , et , ut recta christi re●igio maxime provehatur , injustumque quodlibet funditus extirpetur . haec enim in rem fuerint totius patriae , ut injustitia conculcetur , et iustitia coram deo et hominibus diligatur . cap. . ut quisquis fuerit potentior in hoc seculo , vel per scelera evectus in altiorem gradum , ita gravius emendabit peccata sua , et pro singulis malefactis poenas luet graviores . haec itaque legalia statuta vel decreta in nostro conventu synodali , à rege nostro magnopere edicta , cuncti tunc temporis optimates , se observaturos fideliter spondebant . the invasions and oppressions of the danes , excited both the king , his prelates and nobles , in this great general council , not only to provide for their necessary defence against them by land and sea , but likewise to enact good laws for the advancement of gods worship and service , the good government of the republick , the advancement of justice , and righteousnesse , the suppression of all oppressions , injustice , wickedness , and preservation of the just rights and liberties both of the church and people ; as the most effectual means to unite and preserve them against the common enemy , and to remove gods wrath and judgements from them , as the other statutes and decrees of this council more fully resolve , which you may peruse at leisure . about the same year , ( as i conjecture ) or not long after c king ethelred having some breathing time from wars by his peace concluded with the perfidious danes , held three other great parliamentary councils , the first at vvoodstock , the second at venetyngum , the third at haba , wherein he and his wisemen made and published many excellent civil and ecclesiastical laws , for the good government , peace , vvelfare and happiness of his people , recorded at large in bromton , lambard , and spelman , where you may read them . i shall insert only of them made at venetingum ( vvantige , as some take it . ) cap. . habeantur placita in singulis vvapentakis , ut exeant seniores thayni & praepositus cum eis , & jurent super sanctuarium quod eis dabitur in manus , quod neminem innocentem velint accusare , vel noxiunt . concelare . cap. . ad bilynggesgate si advenisset una navicula , unus obolus thelonii dabatur : si major & habet siglas , d. si adveniat ceol , vel ulcus , & ibi jaceat d. ad thelonium dentur . de navi plena lignorum , unum lignum ad theloneum detur . in ebdomada panum theloneum detur diebus , die dominica , die martis , & die jovis . qui ad pontem veniat cum bato ubi piscis inest , unus ob : dabatur in theloueum , & de majori nave . d. homines de rothomago qui veniebant cum vino vel craspisce , flandrenses & pontrienses , & normannia & francia monstrabant res suas , & extolneabant . hogge , & leodium , & nivella , qui per terras ibant , ostentionem dabant et theoloneum . et homines imperatoris qui veniebant cum navibus suis bonarum legum digni tenebantur , sicut & nos emere in suas naves : et non licebat eis aliquod forcheapum facere burhmannis , & dare theoloneum suum . et in sancto natali domini duos grisingos pannos , & unum brunum , & libras piperis , & cirotecas hominum , et duos cabillinos , colennos aceto plenos , & totidem in pasca : de dosseris cum gallinis , una gallina thelon . & de uno dosseto cum ovis , ova theolon . si veniat ad mercatum , mongestre , sinere qui mangonant in caseo & butiro diebus ant● natale domini , . d. & diebus post natale domini , unam alium denarium ad theloneum . cap. . si portireu vel tungravia , vel alius praepositus compellat aliquem quod theolon , supertenuerit , & homo respondeat , quod nullum theloneum concelaverit quod juste debuit , juret hoc se sexto , & sit quietus . si app●llet quod theolonium dederit , inveniat cui dedit , & qu●etus sit . si tunc hominem invenire non posset cui dedit , reddat ipsum theloneum , et persolvat . regi . si cacepollum advocet , quod ●i theoloneum dedit , & ille neget , perneget ad dei ●ud●cium , et in nulla alia lada . these are the first laws ▪ ( to my remembrance ) wherein there is any mention of toll , tribute , or custom , paid by any natives or foreiners for goods or merchandise imported or sold ; or any forfeitures or penalty imposed for concealing o● non-payment thereof , which it seems were imposed about this time by common consent in a parliamentary council , for the better maintenance of the navy , and defence of the realm against the danes , the end for which i cite them . the king having thus in the great councils of aenham and wantige , by consent of his nobles and wisemen , provided a navy to be annually set out for the defence of the realm , in pursuance thereof the self-same year ( as our d historians joyntly attest ) commanded one ship to be built , and furnished out of every hides , or ploughlands , and a buckl●r & helm●t out of every ploughlands , throughout his realm . the ships being accordingly provided , the king victualled and placed chosen . souldiers in them , and assembled them all together to the port of sandwich , that they might defend the coasts of the kingdom from the irruptions of foreiners . an. . puppes praedictae congregatae sunt apud sandwic , & viri optime armati , nec fuit tantus numerus navium tempore alicujus in britannia , writes henry huntindon . but yet god frustrated and blasted all their designs , beyond expectation : for about , or a little before this time , brithtricus a slippery ambitious proud man , brother to perfidious duke edric , injuriously accused wulnoth , a noble young man of southsex to the king , whose servant he was ; who thereupon banished him . wulnoth upon this fled away , lest he should be apprehended , and having gotten ships , exercised frequent piracies upon the sea coasts . the kings navy being thereof informed , and that any man who would might easily take him , brithtric hereupon , to get praise to himself , took of the kings ships with him , and promised to bring wulnoth alive or dead to the king. vvhen he had prosperously sailed a long time in pursute of him , a most violent tempest suddenly arising , shattered and bruised all the ships , driving them one against another , and forced them to run ashore upon the dry land , with great loss , where wulnoth presently coming upon them , fired and burnt them all . the rest of the navy discontented with this sad news , returned to london : the army likewise then raised was dispersed , et sic omnis labor anglorum cassatus est , writes huntindon : or , as wigorniensis and others express it , sicque totius populi maximus labor periit , to their great grief and disappointment . upon this disaster , in the time of harvest , earl turkel a dane arived with a great new fleet of danes , and an innumerable army at sandwich , whom another great navy of dan●s under the command of hemmingus , erglafe , & tenetland followed in the moneth of august . these all joyning together marched to canterbury , assaulted , made a breach therein , and were likely to take it . whereupon the citizens and inhabitants of east-kent were inforced to purchase a firm peace with them , a● the sum of pounds ; which being paid , they returning to their ships pillaged the isle of wight ; with the counties of sussex and southampton , near the sea-coasts , burning the villages , and carrying away great booties thence . king ethelred upon this , raised and collected a great army out of all england , placing forces in all counties near the sea , to hinder the danes landing and plundring . notwithstanding they desisted not , but exercised rapines in all places where they could conveniently land . at last , when they had straggled further off from their ships than they accustomed , and thought to have returned laden with spoils , the king with many thousands of souldiers intercepting their passage , resolved to die , or to conquer them . but perfidious duke edric , by his treacherous and perplexed orations , endeavored to perswade the king and souldiers , not then to give the enemies battel , but to suffer them to escape at that time . suasit & persuasit . and thus , ( like a traitor to his country , as he ever had been ) he then delivered the danes out of the englishmens hands , and suffered them to depart with their booty , without resistance . the danes after this taking up their vvinter quarters in the river of thames , maintained themselves with the spoils they took out of essex , kent , and other places on both sides of the river , and oft times assaulting the city of london , attempted to take it by assault , but were still valiantly repulsed by the citizens with great loss . in jan. . the e danes sallying out of their ships , marched through chiltern forest to oxford , which they pillaged and burnt , wasting the country on both sides the thames in their return . being then informed that there was a great army raised and assembled against them in london , ready to give them battel ; thereupon that part of the danish army on thc north-side of the thames , passed the river at stanes , and there joyning with those on the south-side , marched in one body to their ships through surrey , laden with spoils , refreshing themselves in kent all the lent. after easter they went into the east parts of england , marching to ringmere near ipswich , where duke ulfketel resided . on the first of may they fought a set battel with him , where , in the heat of the battel the east-english turned their backs on turketel a dane , beginning the fight : but the cambridgeshire men fighting manfully for their country and liberty , resisted the danes a long time , but at last being over-powred with multitudes , they likewise fled ; many nobles and officers of the king , and an innumerable multitude of people were slain in the fight . the danes gaining the victory , and thereby east-england , turned all horsemen , and running through the country for three months space , burnt cambridge , thetford , with all the towns and villages in those parts , slew all the people they met with , as well women and children , as men ; tossing their very infants on the tops of their pikes , wasted , pillaged all places , killing the cattel they could not eat , and with an infinite rich booty their footmen returned to their ships . but their horsemen marching to the river of thames , went first into oxfordshire , and from thence into buckingham , her●ford and bedford shires , burning villages , and killing both men and beasts , and wholly depopulated the country ; then they retired laden with very great booties to their ships . after this , about the feast of st. andrew they rambled through northamptonshire , burning and wasting all the country , together with northampton it self ; then marching westward into wiltshire , they burnt , pillaged , depopulated the country , leaving all those counties like a desolate wilderness , there being none to resist or encounter them after their great victory at ringmere . the danes having thus wasted and depopulated east-england , essex , middlesex , hertford , buckhingham , oxford , cambridge shires , half huntindonshire , most of northamptonshire , kent , surrey , sussex , southampton , wiltshire , and barkshire , with fire and sword. king ethelred , et regni sui magnates , and the nobles of his realm , thereupon sent ambassadors to the danes , desiring peace from them , and promising them wages and tribute , so as they would desist from depopulating the realm . which they upon hearing the embassadors consented to , yet not without fraud and dissimulation , as the event proved . for although provisions and expences were plentifully provided for them , and tribute paid them by the english according to their desires , yer they desisted not from their rapines , but marched in troops through the provinces , wasting the villages every where , fpoiling most of the miserable people of their goods , and some of their lives . at last , not satisfied with rapine and bloodshed , between the feasts of st. mary and st. michael , they besieged canterbury , ( contrary to their dear bought peace ) and by the treachery of archdeacon almear took the city , which they pillaged and burnt to the ground , together with the churches therein , burning some of the citizens in the fire , slaying others of them , casting many of them headlong over the walls , dragging the vvomen by the hair about the streets , and ravishing , and murdering them . after which they decimated the men , vvomen , monks , and little children that remained , leaving only the tenth of them alive , and murdering the rest , slaying no less than religious persons , and above others in this manner , as some of our historians relate . mr. f lambard in his perambulation of kent , computeth , that ther were massacred thousand and two hundred persons in this decimation , there being only monks , and lay-people saved alive . the archbishop g alfege they took prisoner , bound in chains , buffeted , grievously wounded , and then carried to their fleet , where they kept him prisoner moneths . at last they propounded to him , that if he would enjoy his life and liberty , he should pay them pounds for his ransom : which he refusing to do week after week ; prohibiting any others to give them any thing for his ransom , they were so inraged with him , that bringing him forth publikely to their council at greenwich , they struck him down to the ground with their battel axes , stones , and the bones and heads of oxen , and at last one thrum , ( whom he had confitmed but the day before ) moved with an impious piety , cleft his head with an axe , and so martyred him . the londoners hearing of it , purchased his dead corps with a great sum of money , and honourably interred it : but above of these bloody villains were in short time after destroyed with grievous diseases . vvhiles these things were acted by the danes in kent . anno . perfidious duke edric ( h et omnes cujuscunque ordinis et dignitatis primates congregati , and all the nobles of every order and dignity a●●embled together at the city of london , continuing there til they had levied and paid to the danes a tibute of forty ( as some ) or forty eight thousand pounds ( as others write ) upon this condition ; that all the danes within the realm should have every where a peaceable habitation with the english , and that thero should be , as it were , one heart , and one soul of both people ( as matthew westminster , daniel , and some others record the agreement . ) which accord being ratified on both sides with pledges and oaths ( as matthew westminster and others relate , ) king swain ( as some historians write , though others mention not his being here in person , but only by his commanders ) returned into his own land , and so the rage of the danish persecution ceased for a short space . upon this agreement of the danish ships under the command of turkill the danish general , submitted themselves to king ethelred , promising , that they would defend england against strangers and forein invasions , upon this condition , that the english should find them victuals and cloaths . henry huntindon censures this accord , with the danes , as made overlate . tunc vero rex nimis serò pacem feci● cum dacorum exercitu , dans eis ( misprinted for ) librarum ; nunquam enim tempore oportuno pax fiebat , donec nimia contritione terra langueret . to what extremities king ethelred was put to raise this and the other forementioned tributes to the d●nes , and to pay his own captains besides ; and how much the monasteries were taxed , oppressed , exhausted of all their moneys , plate , wealth by the king , his officers and the danes , during these wars , by force and menaces , this memorable passage of abbot ingulphus will best inform us , not mentioned by any other historians , which i purposely reserved , as properest for this place . k in tempore i● aque domini o●ketuli abbatis croylandiae , cum sic dani totam terram inquietarent , indigenae de villis & vicis ad civitates & castella , & plurimi ad paludes , et lacum , loca invia refugientes , danorum transitum et discursum pro anima praecàvebant . coeperunt tunc omnia terrae monasteria a rege ethelredo , et ducibus ejus ac ministris gravissimis exactionibus subjici , et ad satisfaciendum danicis tributis pro immensis pecuniarum summis sibi impositis , supra modum affligi : ●t direptis thesauris , ac monasteriorum tam sacris calicibus , quam aliis jocalibus , etiam sanctorum scrinia jubent ab exactoribus spoliari . venerabilis ergo pater dominus osketulus abbas croilandiae . marcas pro talibus tributis variis vicibus exolverat : et tandem . annis in officio pastorali sanctè ac strenuè consummatis , mortis sacrae compendio regias exactiones , universosque seculi 〈◊〉 cum carnis depositione finaliter exuebat . . cal. novemb. anno scil . domini . cui successit ad abbatis officium venerabilis pater abbas godricus , electus et effectus abbas in diebus angustiae , tribulationis et miseriae ; laboriosissimeque rexit monasterium . annis , sub praedicto rege ethelredo : hujus abbatis tempore cum dani totius terrae ferè obtinerent dominium , et ●àm per ethelredum regem et ejus duces edricum , alfricum , godwinum et alios ●l●res importabiles impositiones pro danorum tributis persolvendis , ac aliae exactiones gravissimae ad eorundem ducum expensas plurimas restaurandas , quam per analafum e● swanum , ac eorum exerci●us depraedationes , despoliation●s et destructiones assidue fierent ▪ saepe multa monasteria de omni denario emuncta sunt . non tamen exact r●s ultimam quadrantem se extorsisse credere voluerunt . ita hinc religiosi , quo magis premebantur magis putabantur habentes , magis putabantur abundantes . hinc venerabilis pater abbas god●icus solvit primo anno regi ethelredo , marcas : ducesque sui pro suis expensis similiter ducentas marcas extorquebant , praeter minores sumptus , qui quotidie regis ministris irru●ntibus continue fiebant . secundo , tertio ac quarto anno similiter actum est . tertio enim anno pro triremibus per omnes portus fabricandis , et navali militia cum victualibus , et aliis necessariis exhibenda , ducentae librae exactae sunt . quarto etiam anno cum ●urketulus , danicus comes cum fortissima classe applleuisset . pro centum libris missum ▪ et ad solutionem per exactores crudelissimos commissum est . di currentesque dani tunc per provincias , omnia mobilia diripientes , immobilia cremantes , d●ait●● , 〈◊〉 , et h●ke●on maneria croylandiae , cum toto comitatu cantabrigiae direpta , ignibus tradiderunt . sed haec nuntia sunt malorum . quippe cum quolibet anno sequente quater centum marcae regiis exactionibus et ducum suorum sumptibus communiter solverent , rex swanus veniens cum classe recenti exercitu ferocissimo tunc omnia depopulatur . irruens enim de lindesia , vicos cremat , rusticos eviscerat , religiosos omnes variis tormentis necat : tunc baston et langtoft flammis donat . is erat annus domini . tunc monasterium sanctae pegae omniaque sua contigua maneria , scilicet slinton , northumburtham , makesey , etton , badington , & bernake , omnia una vice combusta , tota familia caesa , vel in captivitatem ducta . abbas cum toto comitatu nocte fugiens et navigio in croylandiam veniens , salvatus est . similiter monasterium burgi , villaeque vicinae ac maneria sua , ege , thorp , walton , witherington , paston , dodifthorp , et castre , prius omnia direpta , postea slammis tradita sunt . abbas cum majore parte conventus sui assumptis secum sacris reliquiis sanctarum virginum , kineburgae , kineswithae ac tibbae thorniam adiit . prior autem cum nonnullis fratribus , assumpto secum brachio sancti oswaldi regis , ad insulam de hely aufugit . subprior vero cum . fratribus ad croylandiam venit faelicitèr . illo anno ex frequentibus fluviis inundationes excreverunt , et vicinas paludes , circumque jacentes mariscos immeabiles reddebant . ideo totus mundus advenit , populus infinitus affluxit , chorus et claustrum replebantur monachis , caetera ecclesia sacerdotibus et clericis , abbatia tota laicis , caemeteriumque nocte ac die subtentoriis mulieribus et pueris : fortiores quicunque inter eos ac juvenes in ulnis et alnetis ora fluminum observabant : erantque tunc quotidie ( ut caetera onera taceantur ) monachi in mensa . super haec omnia , per nuncium rex swanus monasterio croylandsae mille marcas imposuit , et sub poena combustionis totius monasterii solutionem dictae pecuniae certo die apud lincoln assignavit ; infraque tertium mensem post solutionem hujus pecuniae , iterum pro victualibus suo exercitui providendis exactores nequissimi mill● marcas minis maximis extorquebant . ventilatum est tunc et ubique vulgatum crudele martyrium s. elphegi archiepiscopi doroberniae , qui quia summam pecuniae excessivam sibi impositam pro sua redemptione solvere detrectavit , belluina dacorum ferocitas eum acerbissimo tormento crudeliter interemit . omnes fera tempora flebant , foelices qui quocunque modo in fata processerant . abbas godricus maximè , cui cura tanti populi incumbebat et quem rex ethelredus cumulos argenti habere existimabat . danicus vero swanus , suusque totus exercitus ei , tanquam domino de manibus eorum refugientium , juges insidias et minas semper maximas ingerebat . demum expensis internis et exactionibus externis totus thesaurus domini turketuli abbatis distractus est , horrea amborum egelricorum d●m●lita sunt , cum adhuc regii exactores pro pecuniis quotidie irruerent . et eum tanquam patriae proditorem , et danorum provisorem regi in proximo cum dignis compedibus deducendum , et suppliciis tradendum pro suis demeritis affirmarent . perculsus ergo venerabilis pater abbas godricus dolore cordis intrinsecus pro tot minis terribilibus , convocat totum suum conventum ; et nuncians nummos monasterio deficere , orat et exorat , quatenus doceant et decernant in medio , quid contra nequam seculum magis expediat faciendum ? tandem longo tractatu placet haec sententia cunctis , aliquem ministrorum seu satellitum edrici ducis merciorum conducere , et cum pecuniae deficeren● , terris et tenementis ad terminum vitae concedendis , in suum defensorem contra imminentia pericula obligare . erat enim ille edricus potentissimus post regem in terra , et cum rege ethelredo , et cum swano rege danorum familiarissimus , et postea cum cnuto filio suo . conductus est ergo quidam maximus satellitum dicti ducis edrici nomine normannus , sanguine summe clarus , filius , videlicet comitis lefwini , et frater leofrici nobilis comitis leicestriae , dato sibi ( prout postulabat ) manerio de badby , ad 〈…〉 . ille ●ictum manerium acceptans , tenere de sancto guthlaco per firmam in grano piperis per annum in festo s. bartholomaei singulis annis persolvendo , fideliter promittebat , et se futurum procuratorem ac protectorem monasterii contra omnes adversarios confecto inde chirographo obligabat . valuit illud monasterio aliquanto tempore , scilicet omnibus diebus vitae suae . by which passages it is apparent , what taxes , exaction● , pressures the monasteries and others suffered both from king ethelred his captains and officers on the one side , and from the danes on the other side ; and how they were enforced to hire and b●ibe great souldiers and courtiers , by leases and mo●●es , to protect them from 〈…〉 . l john speed affirms , that the clergy 〈…〉 any , denied to king ethelred their assistance , pleading their exemp●ions from warr , and privileges of the church , when the land lay bleeding and deploring for help , and scandalized all his other proceedings for demanding their aydes . but this passage of abbot ingulphus so neat that age , out of the register books of croyland ( whereof he was abbot not long after ) proves they paid great annual contributions to the king and his officers , which consumed all their money , plate , jewels , chalices , and the very shrines of their saints , notwithstanding all charters and exemptions . and as for the laity , m william of malmsbury , radulphus cistrensis , mr. fox , and others write . that king ethelred had such a condition , that he would lightly dis-inherit englishmen of their lands and possessions , and caused them to redeem the same with great sums of money , and that he gave himself to polling of his subjects , and framed trespasses for to gain their money and goods , for that he paid great tribute to the daneslyearly . whereby h● lost the affections of the people , who at last deserted him , and submitted themselves to the danish invaders , who usurped the soveraign power , and forced him out of england with his queen and children . these unrighteous oppressions , dis-inherisons , and exactions of his were specially provided against by his nobles , prelates , and vvisemen in the n councils of aenham and habam forecited , by special laws , and special excellent prayers and humiliations prescribed to be made to god to protect them from his judgements and the invading , oppressing , bloody danes , worthy perusal ; yet pretended necessities and vvar , laid all those laws asleep . in the year of christ . ( the very next after the englishmens dearest purchased peace , which the perfidious gold-thirsty danes never really intended to observe ) king swain , by the secret instigation of turkel the dane ( whom king ethelred unadvisedly hired to guard him with his danish ships from forein invasions ) who sent him this message , o angliam praeclaram esse patriam & opimam , sed regem stertere illum vencre vino que studentem , nihil minus quàm bellum cogitare : quapropter odiosum suis , ridiculum alienis , duces invidos , provinciales infirmos , primo stridore lituorum proelio cessuros , p arrived at sandwich with a great fleet and army of danes , in the moneth of july ; where resting themselves a few days , he sailed round the east part of england , to the mouth of humber , and from thence into the river of trent , to gainsborough , where he quitted his ships , intending to waste the country . hereupon , first of all earl uhtred , & the northumbrians , with those of lindesey , presently without delay , and after them the freelingers with all the people in the northern parts of watlingstreet , having no man to de fend them , yeelded themselves up to swain without striking one stroke : and establishing a peace with him , they gave him hostages for their loyalty , and swore fealty to him as their soveraign . whereupon he commanded them to provide horses and victuals for his army , which they did . william malmesbury observes , that the northumbrians thus unworthily submitted to swane his government ; non quod in eorum mentibus genuinus ille calor , & dominorum impations refriguerie , sed quod princeps eorum uthredus primus exemplum defectionis dederit . whose example drew on all other parts . illis sub jugum missis coeteri quoque omnes populi , qui angliam ab aquilone inhabitant vectigal et obsides dederunt . a very strange and sudden change , conquest , without a blow . swain committing his navy and hostages to his son cnute , raised chosen auxiliaries out of the english , who submitted to him , and then marched against the southern mercians . having passed watling street , he by a publike proclamation commanded his soldiers , to wast the fields , burn the villages , cut down the woods and orchards , spoil the churches , kill all the males that should come into their hands , old and young , without shewing them any mercy , reserving only the females to satisfie their lusts , and to do all the mischiefs that possibly they could act . which they accordingly executed , raging with beastly cruelty . marching to oxford , he gained it sooner than he imagined by surrender : taking hostages of them , he posted thence to winchester : where the citizens extraordinarily terrified with the excessiveness of his cruelty , immediately yeelded , and made their peace with him ; they and the whole country giving him such and so many hostages as he desired , for his security , and likewise swearing allegiance to him . only the londoners defending their lawfull king within their walls , shut the gates against him . from winchester swain marched with great glory and triumph to london , endeavouring by all means , either to take it by force , or surprize it by fraud . at his first arrival he lost many of his souldiers , who were drowned in the river of thames through overmuch rashness , because they would neither seek for bridge nor ford to pass over it . king ethelred being then within the city , and having no other refuge , the citizens closing their gates manfully defended their lawfull king and city against the assailants . who encouraged with the hope of glory , and great booty , fiercely assaulted the city on all sides , but were all most valiantly repulsed by the citizens , through the assistance of valiant earl turkel , then within it ; the danes sustaining great loss of men , who were partly slain , and partly drowned , the citizens not only repulsing them from the walls ; but likewise sallying forth , and slaying them by heaps , so that swain himself was in danger to be slain , had he not desperately ran through the midst of his enemies , and by flight escaped their swords . q malmesbury thus writes of the citizens , oppidani in mortem pro libertate ruebant , nullam sibi veniam futuram arbitrantes , si regem desererent , quibus ipse vitam suam commiserat . it aque cum ut inque acriter certaretur , iustior causa victoriam habuit , civibus magna ope conantibus , dum unusquisque sudores suos , principi ostentare , et pro eo pulchrum putaret emori : hostium pars prostrata , pars in flumine thamesi necata . hereupon swain despairing to take the city , marched with his torn shattered army , first to wallingford , plundering and demolishing all things they met with in their way , after their wonted manner , and at last they came to bath ; where ethelmere earl of the west country , with all his people came and submitted to him , giving him hostages for their loyalty . having thus finished all things according to his desire , he returned with his hostages to his navy , being both called and reputed king by all the people of england ( london excepted si rex jure queat vocari , qui fere cuncta tyrannice faciebat , vrite florence of worcester , & simeon dunelmensis very cautelously , nec adhuc flecterentur londinenses tota jam anglia in clientelant ejus inclinata , nisi ethelredus praesentia eos destitueret sua : as malmesbury observes . king ethelred being a man given to sloathfullness , and through consciousness of his own demerits , very fearful ( deeming no man faithfull to him , r by reason of the tragical death of his brother edward , for which he felt this divine revenge , not daring to raise an army , nor fight the enemy with it when raised , ne nobiles regni quos injuste exhaeredaberat , lest the nob●es of the rea●m , whom he had unjustly dis-inherited , should desert and deliver him up to the enemy ; ) declining the necessity of war , and of a new siege , most unworthily deserted the londoners ( his faithfull valiant subjects and protectors in the midst of their dangers & enemies , flying away secretly frō them to hamshire , by secret journies , from wbence he sailed to the isle of wight . hereupon the londoners , ſ laudandi prorsus vi●i & quos mars ipse collata non sperneret hasta , si ducem habuissent , cujus dum vel sola umbra protegerentur totius pugnae aleam , ipsam obsidionem etiam non paucis mensibus luserunt ) seeing themselves thus unworthily deserted by their soveraign in their extremities , moved by the example of the rest of their countrymen , submitted themselves likewise to king swain , sending hostages to , and making their peace with him ; the rather , for that they feared swains fury was so much incensed against them , for his former shamefull repulses by them , that if they submitted not to him of their own accords , he would not only spoil them of all their goods , but likewise command either all their eyes to be pulled out , or their hands and feet to be cut off , if he subdued them by force . t john speed ( against the current of other historians ) informs us , that swain after his repulse from london , having received a certain sum of money , went back into denmark , for want of victuals , and to recruit his shattered army , whence returning soon after , he was immediatly met by the english , where betwixt them was struck a sore battel , which had been with good , success , had not the treason of some hindred it , in turning to the danes . king ethelred therefore seeing himself and the land betrayed on this manner , to those few true english that were left , used this speech as followeth . if there wanted in me a fatherly care , either for the defence of the kingdom , or administration of justice in the commonwealth , or in you , the carriage of souldiers for defence of your native country , then truly silent would i be for ever , and bear those calamities with a more dejected mind : but as the case stands ( be it as it is ) i for my part am resolved , to rush into the midst of the enemy , and to lose my life for my kingdom and crown . and you ( i am sure ) hold it a worthy death , that is purchased for the liberties of your selves and kinred ; and therein i pray you , let us all die ; for i see both god and destiny against us , and the name of the english nation brought almost to the last period : for we are overcome , not by weapons and hostile warr , but by treason and domestick falshood : our navy betrayed into the danes hands , our battel weakned by the revolt of our captains , our designs betrayed to them by our own counsellers , and they also inforcing composition of dishonourable peace : i my self disesteemed , and in scorn termed , ethelred the unready : your valour and loyalty betrayed by your own leaders , and all our poverty yearly augmented by the payment of their danegelt ; which how to redress god only knoweth , and we are to seek . for if we pay money for peace , and that confirmed by oath , these enemies soon break it , as a people that neither regard god nor man , contrary to equity and the laws of war , and of nations ; and so far off is all hope of better success , as we have cause to fear the losse of our kingdom , & you the extinction of the english nations revenue . therefore seeing our enemies are at hand , and their hands at our throats , let us by fore-sight and counsel save our own lives , or else by courage sheath our swords in their bowels , either of which i am willing to enter into , to secure our estate and nation from an irrecoverable ruine . after which speech he and his army retreated , and gave way to the prevailing enemy . swain herepon setling all things according to his own will , when as he knew , that no man durst resist him , commanded himself to be called king of england , dum non fuit alius qui pro jure regni decertare , vel se regem confiteri ausus fuisset , as u matt. westminster , and others write . such a strange fear and stupidity was then fallen upon ethelred and the whole english nation . after this ethelred privily departed from london to hampton , and from thence to the isle of weight as aforesaid , where advising with the abbots , and bishops there assembled in council , what course was best to steer , he spake thus unto them , the history whereof i shall fully relate in x william of malmesbury his words . ' ibi abbates et episcopos ▪ qui nec in tali necessitate dominum suum deserendum putarent , in hanc convenit sententiam . viderent quam in angusto res essent suae , et suorum se perfidia ducum avito extorrem solio , et opis egentem alienae , in cujus manu aliorum solebat salus pendere : quondam monarcham et potentem , modo miserum et exulem : dolendum sibi hanc commutationem , quia facilius toleres o●es non habuisse , quam habitas amisisse . pudendam anglis eo magis , quod deserti ducis exemplum processurum sit in orbem terrarum . i●los amore sui sine sumptibus voluntariam subeuntes fugam , domos et facultates suas praedonibus exposuisse , in arcto esse victum omnibus , vestitum deesse pluribus : probare se fidem illdrum ▪ sed non reperire salutem , adeo jam subjugata terra , observari littora , ut nusquam sine periculo sit exitus . quapropter considerent in medium , quid censerent faciendum . si maneant , plus a civibus cavendum quam ab hostibus ; forsitan enim crucibus suis novi domini gratiam mercarentur ; et certe occidi ab hoste titulatur fortunae , prodia a cive addicetur ignaviae . si ad exteras gentes fugiunt gloriae fore dispendium ; si ad notas , metuendum ne cum fortuna colerent animum . plaerosque enim probos et illustres viros hac occasione caesos , experiendum tamen sortem et tentandum pectus richardi ducis normannorum , qui si sororem et nepotes non ingrato animo susceperit , se quoque non aspernanter protecturum . vadabitur enim mihi meam salutem conjugi et liberis impensus favor . quod si ille adversum pedem contulerit , non deerit mihi animus , planè non deerit , hic gloriosè occumbere , quàm illic ignominiosè vivere . hereupon he sends emma his queen and her children in the moneth of august into normandy , accompanied with the bishop of durham , and abbot of burgh , where they are joyfully received by duke richard , who invites ethelred himself to honour his court with his presence ; who thereupon in january following passeth over into normandy and there solaceth his miseries with the curteous entertainment he there found . y king swane in the mean time provokes invaded england with ruines and slaughters , playes the absolute tyrant , commands provisions to be abundantly provided for his army and navy , et tributum fere importabile solvi praecepit , and like wise commanded an insupportable tribute to be paid : and the like in all things earl turkell the dane , commanded to be paid to his navy lying at greenwich , hired by king ethelred to defend the english from foreiners ; yet both of them as often as they pleased preyed upon and pillaged the country besides , first polling the inhabitants of their goods , and then banishing them . provincialium substantiae prius abreptae , mox proscriptiones factae . in this sad oppressed condition under their new soveraign , to whom they had submitted themselves , both nobles and people knew not what to do . haesitabatur totis urbibus quid fieret : si par aretur rebellio , assertorem non haberent ; si eligeretur subjectio , placido rectore carerent . ita privatae et publicae opes ad naves cum sidibus deportabantur . quo evidenter apparet swanum naturalem et legitimum non esse dominum , sed atrocissimum tyrannum , as malmesbury , mattbew westminster , and otners record . but god who is propitious to people in their greatest extremities , suffered not england to lye long sluctuating in so many calamities . for this barbarous tyrant swane , after innumerable evils and cruelties perpetrated in england and elsewhere , added this to the heap of his further damnation , that he exacted a great tribute out of the town of st. edmondsbury , anno . which none ever before presumed to doe , since it was given to the church wherein the body of the precious martyr st. edmond lieth intombed , all the lands thereof being exempted from tributes . beginning to vex the possessions of the church , and threatning to burn the town and destroy all the monks unless they speedily paid him the tribute he exacted , and using reproachfull speeches against st. edmond , as having no holiness in him , he was suddenly struck dead and ended his life on the feast of the purification of the blessed virgin , anno . our monkish historians record ; that on the evening of the day whereon he held a general court at geignesburgh , reiterating his menaces against the town , and ready to put them in execution , for not paying the tribute demanded , he saw st. edmond comming alone armed against him , whiles he was invironed in the midst of his danish troops ; whereupon he presently cried out with great affright and a lowd voice ; help o fellow souldiers , help , behold st. edmond comes to slay me : and whiles he was thus speaking , being grievously wounded with a spear by the saint , he fell off from his horse , and continued in great torment till night , and so ended his life , with a miserable death . z swane being dead , the whole navy and nation of the danes , elected and made ●nute his son their king and lord : b. * majores natu totius angliae ; the nobles and senators of all england liking nothing ●ess than bondage , especially under such new tyrannizing forein intruders , thinking it now or never the time to shake off their new yoak , pronounced their natural lord , to be dearer to them than any foreiner , si regaiius se quam consueverat ageret . whereupon with unanimous consent , and great joy and speed they sent messengers into normandy to ethelred to inform him ; nullum eo libentius se in regem recepturos , si ipse vel rectius gubernare , vel mitius eos tractare vellet quam prius tractaverat : and to hasten his return unto them . who thereupon presently sent over his son edward , qui fidem principum , favoremque vulgi praesens specularetur : who together with his embassadors , assured both the nobles and commons of the english nation ; that he would for time to come be their mild and devout lord , consent to their wills in all things , acquiesce in their counsels , and if he had offended in any kinde , he would reform it according as they should think fit , and with a ready mind pardon whatsoever had been contemptuously or disgracefully spoken or acted by them , agai●st him or his , if they would all unanimously receive him again as their king into the kingdom . to which they all gave a favourable and satisfactory answer : whereupon a plenary reconciliation was ratified between them on both sides , both by words and compact . moreover a the nobles unanimously and fréely agreed and voted , that they would never more admit a danish king into england to reign over them . these things concluded , king ethelred speedily returns into england , where he was honourably and joyfully received by the english . and that he might seem to cast off his former sloathfulness , he hastned to raise an army against cnute , who remaining with his navy in lindesey , made an agreement with the inhabitants , exacting men and horses from them , that he might surprise ethelred at unawares , and threatning grievously to punish all such as revolted from him . but cnute being taken in his own craft , ( ethelred marching thither with a strong army before he was provided to receive him ) fled from thence with his hostages , army and navy to sandwich ; whereupon ethelred depopulated all lindesey , wasting the country with fire and sword , slaying all the inhabitants ( as traitors to him and their native country ; ) cnute , by way of revenge , humano et divino iure contempto in insontes grassatus , cuts off the hands and ears , and slits the noses of all the most noble and beautiful hostages throughout england , given to his father , and so dismissing them , sailed into denmark to settle his affairs and augment his forces , resolving to return the year following . after his departure , b king ethelred this very year , super haec omnia mala classi quae apud greenwic jacuit tributum quod erat . millia librarum , pendi mandavit ; to wit , to the fleet under turkell the dane , who instead of defending , did but help to pillage and oppress the english : huntindon writes , it was but thousand pounds ; and bromton avers , that it was cnute , not ethelred , who commanded it to be paid to his navy . soon after which , the sea rising higher than it was accustomed , drowned an innumerable company of villages , people , and cattel . after cnutes departure , c king ethelred summoned a parliamentaty council at oxford , anno . both of the danes and english . malmsbury expressly stiles it , magnum concilium ; wigorniensis , hoveden , sim. dunelmensis , magnum placitum : matthew westminster and others , magnvm colloquium ; our later english historians , a great council and parliament . the king by the ill advise of that arch traytor duke edric at this great council , commanded some nobles of the danes to be sodenly and secretly slain , quasi de regia proditione notatos ac perfidiae apud se insimulatos , the chiefest of them were sygeforth and morcar , whom edric , treacherously invited to his chamber , and there making them drunk , caused his armed guards there placed secretly to murder them , which they did . hereupon their servants endeavouring to revenge their lords deaths ( being digniores et potentiores ex seovengensibus ) they were repulsed with arms , and forced to flye into the tower of st. frideswides church for safety ; whence when they could not be forcibly expelled , they were all there burnt together . the king presently seised upon their lands and goods ( the chief cause of their murder , as some conceived ) and sent the relict of sygeforth ( a very noble , beautifull and vertuous lady ) prisoner to malmsbury : whither edmond ( the kings base son , as some affirm , ) posted without his fathers privity , and being enamored with her beauty , first carnally abused , then afterward maried her ; and by her advice forcibly invaded and seised upon the lands of her husband and morcar , which were very great , and the earldom of northumberland , which his father denied him upon his request : whereupon all the inhabitants of that county readily submitted to him . whiles these things were acting , ( d ) cnute having setled his affairs in denmark , and made a league with his neighbour kings , recruired his army and navy , and returned into england , with a resolution , either to win it , or to lose his life in the attempt . ariving first at sandwich , and sailing thence to the west , he pillaged dorsetshire , somersetshire , and wiltshire , filling all places with slaughters and plunders . king ethelred lying then sick at cosham , his son edmond ironside , and duke edric , raised an army against cnute ; but when both their forces were united to fight him , the old perfidious traytor edric endeavoured by all means to betray edmond to the danes , or treacherously to slay him ; which being discovered to edmond , thereupon they severed their forces from each other , and gave place to the enemies without giving them battel . not long after edric inticing to him of the kings ships furnished with danish mariners and souldiers , openly revolted , and went with them to cnute , subjecting himself to his dominion as his soveraign : by whose example all west-sex submitted to him as their kihg , delivering him hostages for their fidelity , resigning up all their arms to him , and providing both horse and arms for his danish army . the mercians offred themselves alone to resist the danes , but through the kings sloathfulness , the business of war received delay , and the enemies proceeded in their rapines without opposition . in the year . king cnute , and treacherous duke edric , came with sail of ships into the river of thames , whence they marched by land with a great army of horse and foot , and invaded mercia in an hostile manner , burning all the towns and villages , and slaying all the men they met with in warwickshire and other places ; whereupon king ethelred ( as huntindon , wigorniensis , and others record ) made an edict , ut quicunque anglorum sanus esset , secum in bello procederet , that every englishman who was in health , should go with him in battel against the danes . an innumerable multitude of people upon this assembled together to asist him : but when his and his son edmonds forces were conjoyned in one body , the king was informed , that some of his auxiliaries were ready to betray and deliver him up to the enemies , unless he took care to prevent it and save himself : and as some write , the mercians refused to fight with the vvest-saxons and danes ; whereupon the expedition was given over , and every man returned to his own home . after this edmund ironside raised a greater army than before against cnute , and sent messengers to king ethelred to london , to raise as many men as possible he could , and speedily to come and joyn with him against the danes ; but he , for fear of being betrayed to the enemy , presently dismissed the army without fighting , and returned to london . hereupon ed. ironside went into northumberland , where some imagined he would raise a greater army against cnute the dane ; but he and vhtred earl of northumberland , instead of incountring cnute , wasted the counties of stafford , shrewsbury and leicester , because they would not go forth to fight against the danes army , in defence of their country and king. cnute , on the other side wasting with fire and sword the counties of buckinghan , bedford , huntindon , northampton , lincoln , nottinghaem , and after that northumberland : which edmond being informed of , returned to london to his father , and earl uhtred returning home , being compelled by necessity , repaired to cnute , and submitted himself to him , with all the northumbrians , making a peace with him , and giving him hostages for performance thereof , and for his and their fidelity . not long after uhtred and turketel , earls of northumberland , were both treacherously slain by turebrand a dane , by cnutes command or commission . which done , cnute made one hirc ( some stile him egric ) earl of northumberland in his place ; and then returned with all his army to his ships in triumph , a little before the feast of easter , with a very great booty . not long after , king ethelred ( born to troubles and mischief , ) after manifold labours , vexations , treacheries , and incessant tribulations , ended his wretched life in london , where he died may th . anno . being there buried in st-pauls church , finding rest in his grave by death , which he could never find in his throne all his life , having attained it by treachery , and his brothers , soveraigns murder * whose ghost ( as malmesbury and others write ) did perpetually vex and haunt him all his reign , and made him so subject to , and fearfull of plots and treacheries , that he knew not whom to trust , nor ever deemed himself secure , even in the midst of his oft raised armies , nobles , people , though ready to adventure their lives for his defence . i have related these passages of the danish wars , and invasions during ethelreds reign , more largely than i intended . . because on the englishmens parts , they were meerly defensive of their native country , king , laws , liberties , properties , estates , lives against forein invaders and u●urpers . ly . because they more or less relate to my forementioned propositions , touch-the fundamental rights , liberties , properties , of the english nation . ly . because they shew forth unto us the true original grounds , causes , motives , necessities , and manner of granting the very first civil tax and tribute mentioned in our histories , by the king and his nobles , in their general councils , to the danish invaders , to purchase peace , and the true nature , use of our antient danegelt , and rectifie some mistakes in our common late english historians . immediately after king ethelreds decease e episcopi , abbates , duces , et quique nobiliores angliae in unum congregati ( as wigorniensis , hoveden , sim●●n dunelmensis , radulphus de diceto , bromton ) or , maxima pars regni , tam clericorum quam laicorum in unum congregati ( as matthew vvestminster ) or , proceres regni cum clero , ( as kny●ht●n expresses it ) pari consensu in dominum et regem canntum eligere : all the bishops , abbots , dukes and nobles of england , and the greatest part of the chief clergy and laity , assembled together ( in a kind of parliamentary council ) by unanimous consent elected cnute for their lord and king ( notwithstanding their solemn vow and engagement but the year before , never to suffer a danish king to reign over them . ) whereupon thev all repaired to cnute to southampton f omnemque progeniem regis ethelredi , coram illo abhorrentes , et abnegando repudiantes ( as wigorniensis , huntindon , knyghton , and others record ) and there in his presence abhorring and utterly renouncing and abjuring all the progeny of king ethelred , they submitted themselves , and swore fealty to him , as to their only king and soveraign , he reciprocally then swearing unto them , that he would be a faithfull lord unto them , both in things appertaining to god and the world , which our historians thus express . quibus ille jurav●t , quod & secundum deum , & secundum seculum fidelis illis foret dominus . only the city of london , and part of the nobles then in it , unanimously chose and cryed up ed. ironside , king ethelreds . son , by elgina his first wife , daughter to duke thored , as speed and others relate , though matthew westminster , and others register his birth , non ex emma regina , sed ex quadam ignobili foemina generatus , qui utique matris suae ignobilitatem generis mentis ingenuitate & corporis streuuit te redintegrando redemit . after edmonds election , he was crowned king by liuing archbishop of canterbury , at kingston upon thames ( where our kings in that age were usually crowned . ) no sooner was he thus advanced to the regal dignity , but he presently marched undauntedly into vvest-sex , and being there received by all the people , with great gratulation and joy , he most speedily subjected it to his dominion . which being divulg'd in other parts , many counties of england , deserting cnute , voluntarily submitted themselves unto him , such is the fickleness of the people , & unconstancy of worldly power and affairs . g cnute in the mean time to be revenged of the londoners for making edmond king , marched to london with his whole army and fleet , besieged and blocked up the city with his ships , drawn up the thames on the west-side of the bridge , and then drew a large and deep trench round about the city , from the southside of the river ; whereby he intercepted all ingress and egress to the citizens and others , whom he shut up so close , that none could go in or out of the city , and endeavoured by many strong assaults to force it : but being still repulsed by the citizens , who valiantly defended the walls , he left off the siege with great confusion and loss , as well as dishonor . thence he marched with his army into dorsetshire , to subdue it : where king edmond meeting him with such forces as he could suddenly raise , gave him battel at penham near gillingham ; where after a bloudy and cruel encounter , he put cnute and his army to flight , and slew many of them . not long after , they recruiting their forces , both armies meeting at steorstan , king edmond resolving there to give cnute battel , placed the most expert and valiantest of his souldiers in the front ; and the rest of the english who came flocking in to him , he kept for a reserve in the rear . then calling upon every of them by name , he exhorted and informed them , that they now fought for their country , for their children , for their wives , for their houses and liberties , inflaming the minds of his souldiers with his excellent speeches ; in this battel with the enemy , he exercised the offices of a valiant soldier , and good general , charging very couragiously ; but because that most persidious duke edric , almar , and algar , and others of the great men , who ought to have assisted him with the inhabitants of southampton , vviltshire , and innumetable other english , joyned with the danes , the battel continued all day , from morning to night , with equal fortune , till both sides being tired out , and many of each party slain , the night constrained them to march one from another . but their bloud not being cold , the next day they buckled together again , with no less courage than before ; till at last , in the very heat of the battel , the most perfidious duke edric perceiving the danes like to be totally routed , and the english in great forwardness of victory , cut off the head of a souldier named osmeranus , very like to king edmund both in hair and countenance , and shaking his bloody sword , with the half gasping head in his hand , which he lifted up on high , cryed out to the english army : oye dorsetshire men , devonshire men , and other english , flee and get away , for your head is lost ; behold here is the head of your king edmund , which i hold in my hand , therefore hasten hence with all speed , and save your lives . which when the english heard and saw , they were more affrighted with the atrocity of the thing , than with the belief of the speaker : whereupon all the more unconstant of the army were ready to fly away . but edmond having present notice of this treacherous stratagem , and seeing his men ready to give over the fight , hasted where he might be best seen , and posting from rank to rank , encouraged them to fight like englishmen : who thereupon resuming their courage , charged the danes more fiercely than before ; and bending their force against the traytor , had shot him to death , but that he retreated presently to the enemy , the english reviving , and manfully continuing the battel again till the darkness of the night caused both armies voluntarily to retreat , from each other into their tents . when much of the night was spent , cnute commanded his men in great silence to break up their camp , and marched to his ships , and soon after , whiles king edmond was recruiting his army in west-sex , besieged london again : whereupon edmond marching to london with a select company of souldiers , chased cnute and his army to their ships , removed the siege , and entred the city in manner of triumph . cnute and edric perceiving the valour and good success of edmond , conspired together , to overcome him by treason , whom they could not vanquish by armes ; for which end , edric , before king edmonds march to london ( as some ) or soon after , as others relate , feignedly revolted from cnute , and submitted himself again to edmond , as his natural lord : and renewing his peace with him , fraudently swore that he would eontinue faithfull to him , only that he might betray him . edmond , two days after he had chased the danes from the siege of london , pursuing his victory , passed over the thames at brentford , where , though many of the english were drowned in passing ove● the river , through their carelesness , yet he there fought with the danes the fourth ( or tather fifth ) time , routed them , and won the field . after which , edmond , by the advice of edric , marched again into west-sex , to raise a more numerous army , to supply those who were drowned and slain in this last battel : upon which advantage , the danes again returned to the siege at london , invironing , and fiercely assaulting it on every side ; but being valiantly repulsed by the citizens , they retired from thence to their ships , and sailed into the river of arewe ; where leaping out of their ships , they went about pillaging in mercia , killing all they met , and burning the villages , returning to their ships with a great booty : another company of their foot sailing up the river of meadway , pillaged kent , their horse marching thither by land to meet them , doing the like , wasting all places with fire and sword . king edmond having in the mean time raised a strong army out of all england , passed over with them again at brentford , to fight the danes , and giving them battel near oteford , routed the whole danish army , not able to endure his fierce charge , and pursued them as far as ilesford , slaying many thousands of them in the pursute ; and had he followed the pursute futther , it was conceived that day had put an end to the war and danes for ever . but perfidious duke edric by his most wicked counsel ( the worst ever given in england ) caused him to give over the chace . whereupon the flying danes escaped into the isle of shepy . edmond returning into vvest-sex to observe cnutes motion , he thereupon transported his forces into kent , who began to plunder and wast mercia far worse than ever they had done before : vvhereupon king edmond marching with his army against them , gave them battel the sixt time , at esesdune , ( or assendune ) now ashdune in essex ; where after a long and bloody fight , with equall valour , and great loss on both sides : king edmond seeing the danes to fight more valiantly than ever before , leaving his place ( which usually was between the dragon and standard ) ran into the very front of the battel , and breaking in like thunder upon the enemy , brake their ranks , pierced into the very midst of them , and made way for others to follow him , forcing the danes to give back ; vvhich the ever traiterous edric perceiving , fled with the whole squadron of souldiers which he commanded , unto cnute , as was formerly agreed between them ; whereupon the danes becoming the stronger , made an extraordinary slaughter of the e●glish ; as matthew vvestminster and his followers story . henry huntindon relates , that edric seeing the danes going to ruine , cryed out to the english army , fly o englishmen , fly englishmen , for edmond is dead ( being not seen in his wonted place ) and crying out thus , he and his brigade first began the flight ; whereupon the whole army of the english following them , fled likewise . vvigorniensis informs us ; that king edmond before this battel , riding about to every company , admonished and commanded them , that being mindfull of their pristin● valour and victory , they should defend themselves and the realm from the avarice of the danes , being now to fight with those they had formerly conquered . that perfidious duke edric seeing the danish army inclining to slight , and the english about to gain the victory , began to fly with the vvagesetensians , and that part of the army which he commanded , as he formerly promised to cnute , that circumventing his lord king edmond and the english army with deceits , he gave the victorie to the danes by his treacherie ; and by the consent of all our vvriters , he here gave the greatest wound to the english nobility and nation that ever they received in any former battel , duke alfric , duke godwin , duke ulfketel , duke aethelward , ailward son of duke alke , and all the flower of the english nobility , together with eadnoth bishop of lincoln , and abbot vvulfius , ( qui ad exorandum deum pro milite bellum agente convenerunt ) with an infinite number of common souldiers being there slain in this fight and slight : qui nunquam ante in uno praelio tantam cladem ab hostibus acceperunt . ibi cnuto regnum expugnavit , ibi omne decus anglorum occubuit , ibi fl●s patriae totus emarcuit , vvrites malmesbury , cnute likewise on his side sustained an irre perable loss , both of his dukes and nobles . after this lamentable loss , wherein so many nobles fell , cnute marching to london in triumph , took the royal scepters ; whence departing into glocestershire , in pursute of edmond ( who retreated almost alone to glocester , and there recruited his broken forces ) he wasted and pillaged the country in his march . king edmond resolved to give him another battel in a place called dierhurst ; where edmond with his army being on the vvest-part of the river severn , and cnute on the eastside with his army , both set in battel array , ready manfully to encounter each other , wicked duke edric , magnatibus convocatis , calling the nobles of both parties together , spake unto them as followeth , as matthew vvestminster , and others accord , before any incounter ; but abbot eth●lred records , that both armies then fought a most bloudy battel for one whole day from morning to night , an innumerable company being slain on both sides , without any victory ; the night only causing them to retire , ad similem ludum eundemque exitum die craestina reversuri . both armies being wearied with this bloudy sport , when they saw king edmonds forces daily increasing , and cnutes company likewise augmented out of foreign parts , by constant recruits , which he caused to be sent from thence , vterque exercitus proceres ad colloquium cogunt , both a●mies compelled their nobles to a conference ; where one of them , being elder than the rest ( which others affirm to be duke edric ) requiring silence , spake thus unto them , as h abbot ethelred records his words . i desire , o wise men , in these our dangers to give advice ; who verily am inferiour to you in wisdom , but superiour to you in age , as these gray hairs testify ▪ and peradventure what wisdom hath not , use hath taught me , and what science hath denied , experience hath conferred . many things verily we have seen and known , many things moreover our fathers have told us , and not without cause we require audience , that we may utter no doubtful sentence of things certain and apparent . a perillous thing is acted ; we suffer evil things , we discern worser , we fear the worst of all . we fight daily , neither do we overcom , nor yet are we vanquished ; yea● we are overcome , and yet no man vanquisheth . for how are we not overcome , who are wounded , who are oppressed , who are wearied , who are distressed by forces , who are spoiled by arms ? neither flie we , since there is none who may assault us ; neither do we assault , since courage fails on both sides . how long shall it be , ere we see an end of these wonderfull things ? when shall there be rest from this labour , tranquillity from this storm , security from this fear ? certainly edmond is invincible by reason of his wonderful fortitude ; and cnute also is invincible by reason of fortunes favour . we are broken in pieces , we are slain , we are dissipated , we lose our dearest pledges , we expose our sweet friends and alliances to death . but of this labour what fruit ? what end ? what price ? what emolument ? what i pray , but that the souldiers being slain on both sides , the captains at last compelled by necessity , may compound ? or verily fight alone , without a souldier ? why then not now ? truly while we live , while we breath , whiles the army remains this might be done more profitably , honestly , securely . i demand , what insolence yea violence , yea madness is this ? england heretofore when subjected to many kings , both flourished in glory , and abounded in riches . o ambition ! how blind is it alwaies , which coveting the whole , loseth the whole ? why i pray , doth not that now suffice two , which heretofore was sufficient for five kings ? but if there be in them so great a iust of domineering , that edmond disdains a peer , cnute a superiour , pugnent , quaeso , soli , qui soli cupiunt dominari : certent procorona soli , qui soli cupiunt insigniri ; let them fight , i beseech you , alone , who desire to domineer alone ; let them contend for the crown alone , who desire to be crowned alone . let the generals themselves enter into the hazard of a duel , that even by this means one of them may be vanquished ; lest if the army should fight more often , all being slain , there should be no souldiers for them to rule over , nor any who may defend the realm against foreiners . whiles he was about to speak more , all the people , shut up his speech in the midst of his jaws , if i may so speak , crying out and saying , aut pugnent ipsi aut component , let them fight themselves , or let them compound . his speech recorded in bromton , hen. de knyghton , speed , and others , is much to the same effect , though different in some expressions . ( i ) matthew westmininster brings in edric speaking only , thus to the nobles . o insensati nobiles , et armis potentes cur toties morimur in bello pro regibus , cum ipsi nobis morientibus , nec regnum obtineant , nec avaritiae suae finem imponant . pugnent consulto , singulariter , qui singulariter regnare contendunt , quae est ista regnandi libido , quod anglia modo duobus non sufficit , quae olim octo regibus satisfuit ? itaque vel soli componant , vel soli pro regno decertent . placuit autem haec sententia omnibus , et ad reges procerum delatum arbitrium , illi consentiendo approbant . hereupon all the nobles concurring in this opinion , both kings approving their determination , fought a royal single duel , first on horseback , then on foot , in the isle of olerenge , or olney , ( near glocester ) in the midst of severn , in the view of both their armies , with extraordinary courage , and equall success , till they were both quite tyred , but neither of them vanquished : at last upon cnutes motion they began to parly in a friendly manner ; cnute speaking thus to edmond . hitherto i have been covetous of thy realm , now most valiant of men , i am verily more desirous of thy self , whom i see , art to be preferred , i say , not before the realm of england , but the whole world it self . denmark hath yielded to me , norwey hath subjected it self to me , the king of swedes hath given me his hand , and thy admirable valour hath more than once fructrated the force of my assaults , which i believed no mortal man could have been able to sustain . wherefore although fortune hath promised that i should be every where a conquerer , yet thy admirable valour hath so allured me to favour , that i above measure desire thee both for a friend and consort of my kingdome : would to god that thou also maist be as desirous of me , that i may reign with thee in england , and thou maist reign with me in denmark . truly , if thy valour shall be united to my fortune , norway will fear , and sweden will quake : france it self , accustomed to warrs , will tremble . in brief , edmond and cnute both consent to divide the kingdom : edmond yielding to words , who had not yielded to swords , being overcome with this oration , who could not be overcome with arms ; whereupon , laying aside their arms , they run and mutually imbrace and kiss each other , both armies rejoycing , and the clergy singing te deum laudamus , with a lowd voice . afterwards in testimony of agreement , they change clothes and arms with each other , and returning to their armies , prescribed the manner of the agreement and peace . wigorniensis , simeon dunelmensis , and * roger hoveden add , that they ratified the agreement with oaths , tributoque quod classicae manvi penderetur statuto ; and appointed a tribute which should be paid to the sea forces , and then departed from each other . the daues returned with the great booty they had gotten to their ships , with whom the citizens of london having made a peace , dato precio , which they paid a price for , they permitted them there to winter . the realm was divided between them both , but the crown remained to edmond , with the city of london , essex , east-england , and all the land on the southside the river of thames , and cnute enjoyed the north parts of england , by mutual consent and agreement of all the nobles ; and so this bloudy warr between them ( after . or . battels , within so many moneths space ) ceased . soon after this fatal agreement and partition of the realm , which made edmond but half a king , and england half denmark , that ever trayterous duke edric , to ingratiate himself the more with cnute , treacherously murdered king edmond at oxford , of which there are . different relations in our historians . l some say that he corrupted the kings chamberlains with gifts to murder him in his bed : and that king cnute , in the first year of his coronation , caused all of them who had conspired his death by edric's exhortation to come before him , where they declared to the king the treason they had committed against king edmond , expecting a large reward for it . whereupon the king sent for the great men and nobles of the realm , and made the traitors to acknowledge their treason before them , and a great assembly of people ; fearing lest otherwise it should be believed that he had foreplotted the treason aforelaid , and suborned them to execute it . after their publick confession thereof , he caused them all to be first drawn , and then hanged for it . ( l ) others write , that edric himself , or his son by his command , murdered him at oxford on st. andrews night as he was easing nature in an house of office , stabbing him into the bowels with a two-edged knife through the hole of the privy , ( in which one of them lay in wait to murder him ) leaving the knife sticking in his bowels , and him dead in the place : and some write , that he placed an image in his chamber with a bow and arrow ready bent ; which edmond admiring at , touching the spring which held the bow thus bent , the arrow thereupon pierced & slew him in the place . that before his death was known , edric went to edmonds wife , and taking away her two young sons from her , brought and delivered them to cnute ; and then saluted him , saying ; god save thee sole king of england . whereupon cnute demanding , why he saluted him in this manner ? he then informed him of king edmo●ds death , and how he had murdered him of purpose to make him sole king of england . speed adds , that he cut off his soveraigns head , presenting it to cnute with these fawning salutations , all hail thou sole monarch of england , for here behold the head of thy copartner , which for thy sake i have adventured to cut off : which no antient historian mentions . upon this , cnute , though ambitious enough in soveraignty , yet out of a princely disposition , sore grieved at such a disloyal treacherous act , presently replyed to him , i for reward of so great and meritorious a service done for me , will this day advance thee above all the nobles of the realm ; after which he caused his head to be cut off , then fixed on an high poll , and placed on the highest tower of london , for the birds to prey upon . m others more agreeable to the truth , relate ; that cnute in the first year of his reign depriving this arch-traitor edric of the dukedom of mercia , which he had many years enjoyed ; thereupon edric in the feast of christs nativity , repaired to cnute at his palace in london , to expostulate with him about it : where checking the king over-harshly , he upbraided him with the many benefits he had received from him , amongst which he mentioned two , wherewith he specially provoked him to anger ; saying , most dear king , you ought not to speak harshly to me , nor suffer any evil ▪ to be done unto me ; for you had never enjoyed the realm of england , but by my means . for out of love to thee , i have first betrayed king ethelred ; after that i deserted edmond my proper and natural lord ; and afterwards i foreplotted his death , and murdered my just and true liege lord , out of my fidelity towards thee , to bring the whole kingdom unto thee : and dost thou so lightly vilify so great love conferred on thee , for which i never received any benefit or profit from thee ? at which speeches , cnute changing his countenance , expressing his fury by its redness , presently pronounced this sentence against him , saying : and thou shalt deservedly die , thou most perfidious traitor , seeing by thy own confession thou art guilty of treason both against god and me , who hast slain thine own soveraign and natural king , and my dear confederate brother . his bloud be upon thy head , because thou hast stretched out thy hand against the lords anointed . and lest a tumult should be raised among the people , he commanded him to be there presently strangled in his palace , and his body to be cast through a window into the river of thames , to be devoured of the fishes , as some , or hanged upon london walls unburied , to be devoured by birds , as others story . at which time n duke norman , son of duke leofwin , ( captain of edrics guard ) aethelward son of duke agelmar , and brihtricus son of alphege earl of devonshire , with many others of edrics followers were likewise slain without offence , together with edric ; because cnute feared he should one time or other be circumvented by the treacheries of this old perfidious traitor , hearing his former natural lords ethelred , and edmond had frequently been betrayed by him , quorum diutina proditione alterum vexavit , alterum interfecit ; there being no trust to be reposed in such a traytor to his soveraigns . thus this inveterate arch-traitor to his natural country , kings , and bloudy regicide , by gods divine justice received the just punishment of all his treasons at the last , instead of expected great rewards , from that hand he least suspected . whence ( p ) matthew westminster relating both the histories of the manner of edrics death , concludes thus , sed sive sic , sive aliter vitam finierit proditor edricus , non multum ad rem pertinet ; quia hoc liquido constat , quod ille qui multos circumvenerat , tandem est justo dei iudicio circumventus , et proditionis suae meruit subire talionem : and let all those who have or shall imitare him in his treasons against his native country , kings , and regicide , seriously meditate on his tragical end , and expect the self same retribution in conclusion , though they escape as many years as he then did before final execution . a third sort of authors , as marianus scotus , wigorniensis , roger hoveden , and simeon dunelmensis , make no mention of king edmonds murder by edric his subordination , but only that he died at london , ( not oxford ) about the feast of st. andrew ; as if he had died of a naturall death ; but the generality of writers agree , he was murdered at oxford , ambiguum quo casu extinctus , writes p malmesbury ; the common fame being he was murdered , by edric as aforesaid . and bromton , who recites all three opinions , concludes thus , sed primus modus , videlice● , quod rex edmundus , ad requiem naturae sedens , proditione dicti edrici occisus fuit , ver●or allis et autenticior habetur . the author of the encomium of emma , concurring with marianus , subjoynes this observation touching his short reign and speedy death : that god , &c. minding his own doctrine , that a kingdom divided in it self cannot long stand , and pitying the english , took away edmond , lest if the kings had continued long together , they should have both lived in danger , and the realm in continual trouble . his reign continued onely seven moneths , in which time he fought seven or eight battels in defence of his country , people , and their liberties , besides his single duel with cnute : and by his untimely death , the english - saxon monarchy was devolved to the danes , who by treachery and the sword for three descents , depri●ed the english saxons of the crown and kingdom , through divine retaliation , as they had unjustly by treachery and the sword dispossess'd and disinherited the britons thereof , about yeares before , as q henry huntindon , r bromton , ſ radulphus cistrensis , t mr. fox , u speed , and others observe . the sinnes of the saxons grown now to the full , ( writes speed ) and their dreggs as it were sunk to the bottom , they were emptied by the danes from their own vessels , and their bottles broken , that had vented their red and bloudy wines ; in lieu whereof the lord gave them the cup of wrath , whose dreggs he had formerly ( by their own hands ) wrung out upon other nations . for the saxons , that had enlarged their kingdomes by the bloud of the britons , and built their nests high upon the cedars of others , ( as the prophet speaketh , habbak . . ) committed an evil covetousness to their own habitations , and were stricken by the same measure that they had measured to others , when as the danes often attempting the lands invasion , and the subversion of the e●glish estate , made way with their swords through all the provinces of the realm , and lastly , advanced the crown upon their own helmets , which they wore only for three successions . chap. iv. comprising a summary collection of all the parliamentary great councils , synods , historical passages , proceedings , lawes , relating to the fundamental liberties , franchises , rights , government of the people , and other remarkables , under our danish kings , cnute , harold , and harde-cnute ; from the year of our lord . till the first year of king edward the confessor , anno . with some brief observations on the same . immediately after the murder of king edmond ironside , king cnute the dane , anno . taking possession of the whole realm of england , was solemnly a crowned king at london , by living archbishop of canterbury , succeeding in the realm of england , non successione haereditaria , sed armorum violentia , as b william thorne observes : injuste quidem regnum ingressus , sed magna civilitate et fortitudine vitam componens , writes c william of malmsbury . whereupon , the better to fortifie his military title , with a seeming publick election , by the nobles and nation in a parliamentary council , and their open disclaimer and renunciation of any right or title either in king edmonds sons or brethren , to the english crown , to settle it in perpetuity on himself and his posterity ; he d commanded all the bishops , dukes , princes and nobles of the english nation to be assembled together at london in a parliamentary council : where when they were all met together in his presence , he most craftily demanded of them , as if he were ignorant , who were the witnesses between him and edmond ironside when they made their agreement , and division of the kingdom between them ? what manner of conference there then was between him and edmond , concerning his brethren and sons ? whether it was agreed , that it should be lawfull for edmonds brethren or children to reign in the kingdom of the west-saxons after his death , by any special reservation or agreement between them , in case edmond should die in his life-time ? whom he had designed to be his heir ? whom he had appointed to be guardians to his sons during their infancy ? and what he had commanded concerning his brothers alfred and edward ? to which they all answering both falsly and slatteringly , said , that they did most certai●ly know , king edmond neither living nor dying had commended or given no part of his kingdom to his brethren ; and they did likewise know , that it was king edmonds will , that cnute should be the gardian and protector of his sons and of the realm , untill they were of age to reign , calling god himself to witnesse the truth hereof . ( o the strange temporizing falsity , treachery , perjury of men in all ages ! ) but though they thus called god to witness , yet they gave a false testimony , and fraudulently lyed , preferring a lye before the truth , being forgetfull of justice , unmindfull of nature , unjust witnesses , rising up against innocency , and betrayers of their own bloud and country : when as they all well knew , that edmond had designed his brethren to be his heirs , and appointed them to be guardians of his children ; thinking by this their false testimony to please king cnute , to make him more mild and gracious to them , and that they should receive great rewards from him for the same . after their answers to those interrogatories , to ingratiate themselves further with cnute , though they were sworn before to edmond and his heirs , and were native englishmen , yet they there all took a solemn oath of allegiance to cnute , swearing to him , that they would and did chuse him for their king , & humbly obey him , et exercitui uectigalia dare ; and would give tributes to his army . and having received a pledge from cnutes naked hands , with oathes from the princes and nobles of the danes , & cnute reciprocal oaths from them and all the people , they ratified a mutual covenant and league of peace with reciprocal oaths between both nations , reconciling and abandoning all publick enmities between them . they likewise swore , that they would cast off , banish , and wholly reject king edmonds brothers , sons , and family . in pursuance whereof they there presently , fratres et filios edmondi regis omnino despexerunt , cosque reges esse negaverum ; unum autem ex ipsis praedictis clitonibus , edwinum , egregium et reverendissimum edmundi regis germanum , ividem cum consilio pessimo , exulem esse debere coustituerunt , as roger de hoveden , abbot ethelred , wigorniensis and others at large record the story . the discord , treacherous falshood , disloyal proceedings of the english nation then towards one another , & the english royal line , is thus elegantly set forth by * abbot ailred ; ( a lively character of our age ) externisque malis accessit civilis discordia , adeò ut quis cui crederet , quis cui mentis suae secreta commit●eret nesciretur . plena erat proditoribus insula , nusquam tuta fides , nusquam sine suspitione amor , sermo sine simulatione . tandem cousque proditio civilis , et astutia processit hostilis , ut ac functo rege magna pars insulae legitimis abdicatis haeredibus , cnutoni qui regnum invaserat , manus darent ; peremptoque invictissimo rege edmundo paterni honoris simul et laboris haerede , etiam filios ejus , ad●uc in cunis agentes , barbaris mitterent occidendos . king cnute , hearing this their palpable flattery , and contemptuous rejection of edwin , and the saxon regal line , went joyfully into his chamber , and calling perfidious duke edric to him , demanded of him , how he might deceive prince edwin , so as to have him murthered ? who thereupon informed him , how and by whom his murder might be accomplished by promised rewards of money and preferments , which was accordingly effected soon after by cnutes procurement and command . this edric likewise perswaded cnute , to slay prince edward and edmond , king edmonds sons . whereupon statuit cnuto mirabiliter in animo suo , omne genus gentis regni anglorum perdere , vel exilio perenni eliminare , ut regnum angliae filiis suis jure haer●ditario reservare curaret , writes matthew westminster , p. . but because it might seem a great disgrace to him , to murder these infant princes in england , he afterwards sent them over sea to king swane to slay them in denmark ; who abhorring the fact , instead thereof sent them to solomon king of hungary to be preserved and educated . cnute having thus through the flattery , perjury and treachery of the english prelates and nobles gained the intire monarchy of england , flew or banished all those perfidious english sycophants , temporizers who had the chiefest hand in this false testimony , abjuration & treacherous bloudy advice , against the saxon royal family : by whose counsel he slew or banishe● all the blood-royal of the realm of england , that so he might iure haereditario , reserve and perpetuate the kingdom to his own posterity by an hereditary right . duke edric the principal of them , for this and his other treasons forementioned , was deprived of his dukedom of mercia , and exemplarily executed as a most perfidious traytor by cnutes command the first year of his reign , and many of his captains and followers were slain with him , ( of which at large before . ) mort●m proditoris pro demeritis accepit laqueo suspensus , et in tamesin fluvium projectus . cum quo plurimis sattellitum suorum similiter occisis , e●iam inter eos praecipuus et primus normannus occisus est , writes abbot e ingulphus . turkell duke of east-england , and hirc duke of northumberland , were both banished the realm ▪ duke norman and bridric slain , and a heavy tax of thousand pounds ( besides pounds imposed on london alone ) imposed and levied on the whole nation . quomam igitur proprii sanguinis proditores adulantes regi mentiti sunt in caput suum 〈…〉 eorum intra ▪ it in cor eorum , et à cnutho quem naturalibus dominis praetulerunt , confractus e●● arcus eorum . cum 〈…〉 insulae fa●en●ibus illis obtin●isset . omnes qui primi in illo fuere consilio exterminavit , ●t quo●quo● de regi● 〈◊〉 super●●ites reperit , vel regno repulit , vel occidit , as f abbot ethelred records to posterity . to which g henry huntindon , and h henry de knyghton subjoyn ▪ posteà vero rex justo dei judicio dignant retributionem nequitiae anglis reddidit : ipse namque rex cnute edricum occidit , ( quia timebat ab insidiis ab eo aliquando circumveniri , sicut domini sui priores ethelredus & edmondus frequenter sunt circumventi , quorum diutina proditione alterum vexavit , alterum interfecit , add ●lorentius wigorniensis , simeon dunelmensis , roger de hoveden , and radulphus de diceto : ) turkellum exulavit , hirc fugere compulit . praeterea summos procerum aggressus , normannum ducem interfecit . edwi adeling exterminavit , adelwoldum detruncavit , edwi churleging exulavit : birdric ferro vita privavit . i aethelwardus filius agelmari ducis , et brihtricus filius alphegi domnaniensis satrapae , sine culpa interfecti sunt . fecit quoque per angliam mirabilem censum reddi , scilicet . ( some write . ) mille librarum , praeter undecies mille libri , quas londinensis reddiderunt . dignum igitur exactorem dominus iustus anglis imposuit ( for rejecting their own hereditary soveraign line . ) k radulphus cestrensis ( englished by trevisa , ) fabian and l grafton , thus second them . also they swore , that they would in all wise put off edmonds kinn . they trowed thereby to be great with the king afterward , but it fared farr otherwise . for many or the more part of them , specially such as canutus perceived were sworn before to edmond and his heirs , he mistrusted and disdained ever after . therefore some of them were slain by gods rightfull dome , and some banished , and exiled and put out of the land , and some by gods punishment died suddenly , and came to a miserable end ; which other of our historians likewise register : i shall desire all such who are guilty of the like treachery , flattery , practice or advice against their lawfull sovereigns royal posterity , advisedly to ponder this sad domestick president in their most retired meditations , for fear they incur the like divine retaliation by gods rightful doom , when and by whom they least suspect or fear it . king cnute thus quit of all king edmonds sons , brethren , kinred , and likewise of the greatest english dukes and nobles who might endanger his life , crown , and new-acquired monarchy , in the next place contrived , how to secure his empire against prince alfred and edward , edmonds brothers , then in normandy with queen emma their mother , and their uncle richard duke of normandy , a person of great valour , power , and interest ; the only person likely to attempt their restitution to the kingdom and crown of england . for which end he by gifts , ambassies , and fair promises , m procures earl richards consent , to bestow his sister queen emma upon him for his wife , who ariving in england in july . was presently maried to this invader of her former husbands kingdom , his sons royal throne , and murderer , banisher , dishinheriter of his and her royal posterity , whereby her brother duke richards thoughts were wholly diverted from ayding his nephews to recover their right in england . * ex hinc cum cnutoni omnia pro voto cessissent , timens ne haetes legitimus regnum quod sibi de iure debebatur , aliquando normanica fretus vir●ute reposceret , ●t ducis sibi arctius colligaret affectum , emmam defuncti regis relictam duxit uxorem . whereupon de illorum ( elfredi & edwardi ) restitutione richardū avunculum nihilegisse comperimus , quia et sororem suam emmam hosti et invasori nuptam collocavit : ignores majori illius dedecore qui dederit , an foeminae quae conse●serat , ut thalamo illius caleret , qui virum infestaverit filios effugaverit ; is n malmesbury his observation and censure thereupon . only their uncle robert attempted their testitution , congregatis navibus , et impositis militibus profectionem paravit , subinde jactitans ▪ se pronepotes suos coronaturum : et proculdudio fidem dictis explesset , nisi quia ( ut à majoribus accepimus ) semper ●i ventus adversabatur eontrarius , per occultum scilicet dei judicium , in cujus voluntate sunt potestates omnium regnorum . reliquiae navium multo tempore dissolutarum rothomagi adhuc nostra aetate visebantur , writes malmsbury . by this match with queen emma , as cnute took off duke richard from yielding any assistance to his nephews , in hopes his sister might have issue by him to inherit the crown of england ( it being agreed between them on the marriage , that the issue of cnute begotten on her should inherit the crown ; ) so it much obliged the english to him , and made them more willing to submit to his government , o ut dum consuetae dominae deferrent obsequium , minus danorum suspirarent imperium : the rather , because they much honoured and affected her for her manifold vertues , of which they had long former experience : and likewise because they hoped it might be a meanes to restore ethelreds issue by her to the crown again , in case she had no issue by cnute to inherit it ; which in truth it effected by gods providence , contrary to cnutes design . after this mariage this politick forein intruder , to establish his monarchy over england , endeavoured to reconcile the english to him by all other publick means he could devise , and that by emmaes advice . . by advancing some of the english nobility to places of honour and trust , as p leoffric ; whom he made duke , in the place of his brother norman whom he had slain ; with some others , and loving them very dearly . . q by granting to the english equal rights , and privileges with his danes , in consessu , in consilio , in praelio ; and favouring and advancing them both alike . . r by favouring and enriching the english clergy and church-men , and manifesting extraordinaty piety , devotion , bounty in repairing , building , endowing monasteries and churches throughout the realm , which had been partly decayed , partly demolished and prophaned by his and his fathers former wars and excursions : and by erecting new churches in all places where he had fought any battel , especially at asehendune , and placing priests in them , perpetually to pray for the souls of those that were there slain . ita omnia quae ipse , et antecessores sui deliquerunt , corrigere satagens , prioris injustitiae naevum apud deum fortassis , apud homines certè abstulit ; as ſ malmsbury relates . . t by easing them of his danish forces , and constant heavy taxes for their maintenance : for by the advice of emma , he sent back all his danish stipendiary souldiers to their native country , and all his ships but , which he retained to transport him into denmarke the next year . to return , pay off , and disband which forein forces , the english paid him a tribute of . as some , or thousand pounds as other historians record , collected out of all england , and the londoners thousand or marks more . which tribute i conceive was granted him in the council of london the year before ; wherein all the prelates and nobles took an oath , u suo exercitui vectigal dare ; according to their former agreement at glocester , upon the partition of the kingdom between edmond and cnute ; wherein king edmond and all the english nobles and army ordained , that a tribute should be paid to the danish fleet , tributo quod classicae manui penderetur statuto . so that i conjecture , it was not imposed on the people by cnutes absolute power , but by common grant and consent of a great parliamentary council . . y by ratifying all their former good old fundamental laws , rights , liberties , privileges , which they used , enjoyed under their saxon kings , by enacting other good wholesom laws , repealing all unjust laws , and redressing all exactions and grievances . by which means he so obliged the english to him , that they cordially assisted him in his danish wars , chearfully obeyed him , and never raised any insurrection or rebellion against him , though frequently absent out of the realm , all his reign , albeit he had no army nor garrisons to over-aw them . in the second year of his reign , z anno . king cnute assembled a parliamentary council both of the english and danes at oxford , wherein they both accorded , that king edgars lawes should be observed . angli et daci apud oxonefordiam , de lege regis edgari concordes sunt effecti ; as florentius wigorniensis , sim. dunelmensis , and others express it : but the chronicle of bromton thus . posthaec apud oxoniam parliamentum tenuit , ubi angli , simul & dani , de legibus edgari regis observandis concordes facti sunt : which fabian , grafton , speed , and others thus express in english . he called a parliament at oxford , where among other things it was enacted , that englishmen and danes should hold and firmly keep the laws of edgar , late king ; which parliament ▪ they misplace some in the . others in the . year of his reign , when it was in the second . a king cnute sailing into daenmark in the third year of his reign , having there setled his affairs , returned into england , anno . about the feast of easter . apud orencestriam concilio congregato , as matthew westminster ; or , apud cirenceastram , magnum concilium habuit , as plorentius wigorniensis , hoveden , and simeon dunelmensis , record it . and then held a great parliamentary council at orencester ( or cirencester ) wherein he banished duke ethelward . and this year as radulphus de diceto informs us , rex canutus consilio cleri et procerum ; by the counsel of his clergy and nobles ( most likely assembled in this council at cirencester ) and especially of his queen emma , he placed monks in the monastery of badricesworth , wherein the bodie of king edmond the martyr resteth , removing the secular priests from thence . matthew westminster thus relates it . consilio emmae reginae , et episcoporum , simul et baronum angliae monachos in eo constituit , &c. caenobium quoque beati regis et martyris edmundi tot praediis et bonis aliis ampliavit , ut omnibus ferè angliae monasteriis , in rebus temporalibus merito praeferatur . sir edward cook in his preface to his . reports , out of an antient manuscript of the abbey of st. edmonds , which he said , was in his custody , gives us this account of a parliament held at winchester , in the . year of king cnute his reign , ( anno . ) b haec sunt statuta canuti regis anglorum , danorum , norwegiarum , venerando sapientum ejus consilio , ad laudem et gloriam dei , et sui regalitatem , et commune commodum , habito in sancto natali domini apud winton , &c. rex canutus anno regni sui . viz. per centum et triginta annos ante compilationem decretorum , quae anno. dom. . fuerunt compilata anno septimo pontificatus papae eugen●i ●ertii , et ante compilationem aliorum canonum quorumcunque , cunctos regni sui praelatos , proceresque ac magnates ad suum convocans parliamentum , in suo publico parliamento , persisten●●bus personalite● in eodem wu●●tano et adelnodo archiepiscopis et ailwino episcopo elmhamense , et aliis episcopis , ipsorum suffraganeis , septem ducibus , cum totidem comitibus , necnon diversorum monasteriorum nonnullis abbatibus , cum quamplurimis gregariis militibus , ac cum populi multitudine copiosa , ac omnibus tunc in eodem parliamento personalitur existentibus , votis regiis unanimiter consentientibus , praeceptum et decretum fuit , quod monasterium sancti edmondi , &c. sit ab omni jurisdictione episcoporum comitatus illius , ex tunc in perpetuum funditus liberum et exemptum , &c. illustris rex hardicanutus , praedicti regis canuti filius , haeres et successor , ac sui patris vestigiorum devotus imitator , &c. cum laude et favore aegelnodi doroberniensis , nunc catuariensis , et alfrici eborac . episcoporum , aliorumque episcoporum suffraganeis , necnon cunctorum regni sui mundanorum principum , descriptum constituit , roboravitque praeceptum . that ( which this manuscript stiles so often a parliament , held at winchester , in the th year of king c●ute ( of which there is not one syllable in any of our historians ) is as i conceive , that which matthew westminster , wigorniensis , hoveden , and simeon dunelmensis stile concilium , et magnum concilium , &c. held at cir●ncester or orencester , not winchester , the th year of his reign : wherin by the counsel of queen emma , and of his bishops and barons , he placed monks in the monasterie of bederichesiorthe , where st. edmund was interred ; and endowed the monastery of st. edmond with so many farmes and other goods , as made it one of the richest in all england , as those historians witness ; whose name and date the ignorant compiler of this manuscript mistook ; whose antiquitie and reputation is very suspitious , as ( c ) sir henry spelman informs us . first , because sir henry could never gain the sight of it from sir edward cook , though he oft-times promised to lend it him to peruse for his satisfaction . and that which dares not abide the sight and test of such a judicious learned antiquary , when desired , may justly be deemed an imposture . ly . sir henry spelman conceives the author of this manuscript , writ not before the end of king henry the d , if so soon , seeing he calls the great council of the realm , so frequently a parliament , which title was not given it in manuscripts or historians , till the end of king henry the d. or after his reign ; and wigorniensis , matthew westminster , hoveden , and simeon dunelmensis , all stile it onely concilium , not parliamentum . ly . because he certainly mistakes in his chronology in making aegelnoth archbishop of canterbury in the reign of king hardecnute , when as he died and eadsi was made archbishop thereof two years before hardicnutes reign , which eadsi crown'd him king , as matt. westminster , an. . together with matthew parker and godwin , attest . and therefore he might as grosly mistake in other things . ly , it appears by the recital it self , that it was writ above years at least after this council under cnute , because it recites , it preceeded the decrees made so long after , under pope eugenius , an. . ly . the form of the prologue , haec sunt statuta , &c. coupled with , ad suum convocans parliamentum in suo publico parliamento : and , aliis episcopis ipsorum suffraganeis , prove it not to be written before king edward the first his reign ; when such phrases came first in vse : sir edward cooke himself informing us in his epistle , that in cnute his reign , such state-assemblies were stiled venerandum concilium sapientum , & sic enim apud majores parliamentum illud latine redditur . ly , became it ●ubjoins , cum quamplurimis gregariis militibus , ac cum populi multitudine copiosa , as if they had been personally present in this parliamentary council , as well as the archbishops , bishops , abbots , dukes and nobles ; of which there is not one syllable in our four antient historians , which mention this council at cirencester . neither can these gregarii milites be intended knights of shires ; nor populi multitudine copiosa , commoners or burgesses elected to serve in parliament by and for the people , ( as sir edward cooke and others fancy ) there being no mention of any such chosen knigh●s of counties , citizens , burgesses or commons in that or succeeding ages , till about the reign of king h●nry the d. but only , ordinary souldiers , and the vulgar sort of people , admitted to be present in the council at the reading and passing of the charter to st. edmond , as they are now admitted into the lords house , together with the knights and burgesses at the beginnings and ending of our parliaments , and upon publike trials , conferences and occasions ; at which times there are more common people ten to one usually present to see and hear what is acted , who are no members , then there are members of the commons house , which never sate together with the lords for ought appears , much less in this parliament , as some confidently inferr from this spurious antiquity ; which sir edward cooke ( little versed in antiquities , and oft mistaken in them ) so much magnifies and insists on . in the year of christ . d king cnute , uppon occasions and offences taken by him , banished duke turkell ( to whom he had formerly committed east-england ) with edgitha his wife ; and hire duke of northumberland , out of england . turkell no sooner arived in denmark , but he was there slain by the dukes of the country , by divine vengeance , he being a chief inciter of the death of st. 〈◊〉 e the english & danes , an. . in colloquio apud dxoniam celebrato , de legibus regi edwardi pr●mi tenendis couoordes facti sunt . unde eisdem legibus , jubente rege cnutone , ab anglica lingua in latinam translatis : tàm in dania quàm in anglia ▪ propter earum aequitatem à rege praefato observari jubentur , as mat. westminster relates , anno . so as he imposed no new laws on them , nor revived old , but only by common consent in a parliamentary council both of english and danes . f king cnute in the year . did so carefully endeavour to reform all things wherein himself or his ancestors had offended , as he seemed to wipe away prioris injustitiae naevum , the blot of his former injustice , as well with god as with men . and by the exhortation of queen emma studying to reconcile all the english to himself he bestowed many gifts upon them , et insuper bonas leges omnibus et placentes promisit : and moreover promised good and pleasing lawes to all . the best means to win and knit the peoples hearts . ( g ) anno . cnute leading an army of english and danes against the swedes , whereof he lost many in the first battel , the next day , when he appointed again to fight with them , earl godwin , general of the enlish militia , without king cnutes privity , resolved with his english forces alone to invade the swedish enemies in the night . whereupon using this speech to his souldiers , ut pristinae gloriae memores , robur suum oculis novi domini assererent , &c. they all valiantly assaulted the enemies at unawares , put them all to flight , slew an innumerable multitude of them , and compelled the kings of that nation , ulf and eglaf , to yield to terms of peace . cnute preparing to fight very early the next morning , thought the english had been either fled away , or revolted to the enemies ; but marching to the enemies tents , and finding nothing but the bloud and carcasses of those the english had slain ; he thereupon ever after had the english in great esteem ; who by this their victory comitatum duci , sibi laudem paraverunt , writes malmsbury ; cnute returning joyfull of this victory into england , and bestowing an● earldom on godwin for this service . in the year . cnute hearing that the norwegians disesteemed olaus their king by reason of his simplicity , bribed his nobles with great sums of gold and silver to reject olaus , and elect him for their king ; which they promising to do , the next year he sailed into norwey with ships ' , thrust olaus out of his kingdom , by consent of his nobles , and subdued his realm to himself : whence returning into england , an. . h●conem danicum comisem , quasi legationis causa , in . exilium misit , because he had maried gunilda a noble matron , daughter of the king of vandals , unde metuebat , ab illo vel à vitâ privari , vel à regno expelli : who was after drowned in the sea , or slain in the orcades , anno . in which year robert duke of no●mandy going to hierusalem , apud fischamium proceres ad collo quium vocavit ; ibique gulielmum filium suum , haeredem sibi constituens , fecit omnes ei fidelitatem jurare . and the same year the norwegians cruelly murdered olaus their king , doctor ▪ preacher and apostle with an ax . indignabatur enim gens illa pagana et cruentissima , quod primas leges ▪ et superstitiosas idem sanctus rex olaus praedicando , docendo , evangelizando , statuendo evacuaret . but cnutes gold was the prime cause thereof , to get his crown as he had done his realm and edmond ironsides ; for whose soul he prayed , and offered a rich embroydered pale on his tomb at glastonbury , anno . hoc autem fecisse creditur , ne in mortem ejus , cui in certamine singulari confoeder atus fuerat , consenssisse vider etur , writes i mat. westminster . k king cnute , anno , ( to palliate his usurpations of other mens crowns with the shew of devotion ) travelled to rome in very great pomp , where he offered very great gifts in gold , silver , rich vestments , and pretious stones ; and obtained from pope john , that the english school shduld be frée from tribute . in his going and returning he not only gave large alms to the poor , but likewise removed and deleted many unjust tolls and taxes , exacted from such who travelled to rome , giving a great price to abolish them . he solemnly vowed to god before the sepulcher of the apostle peter , a reformation both of his life and manners . in pursuance whereof , he writ a letter from rome to the archhishops of canterbury and yorke , all the bishops , nobles , and rulers , and to the whole english nation , as well nobles as plebeans ; wherein he certified them , that he had procured from the emp. of germany , king rodolphus , the pope , and other princes , a release of all unjust tolls and taxes exacted of his people as they travelled out of devotion towards rome , and of the vast sums of money which the archbishops paid to the pope for their palls . after which he in forms them , that he had vowed to justify his life to god himself in all things ; to govern the kingdoms and nations under his subjection justly and piously ; to observe just judgement in all things ; and if through the intemperance or negligence of his youth he had hitherto done any things besides that which was jvst , that he promised by gods assistance to reform it all . therefore i obtest and command all my counsellors , to whom i have committed the counsels and justice of my realm , that by no means , either for fear of me , or through favour to any potent person , they should from henceforth doe any injustice , or cause it to sprout up in all my kingdom . likewise i command all the sheriffs and officers throughout my realm , as they desire to enjoy my favour or their own safety , that they do no unjust violence to any man , neither to rich nor poor ; but it shall be lawfull for all , as well noble as ignoble to enjoy justice and right : from which they might not deviate in any manner , neither for regal favour , nor for the person of any potent man , nec propter mihi congerendam pecuniam , quia nulla mihi necessitas est , ut iniqua exactione pecunia mihi congeratur ; nor yet for raising 〈◊〉 ●eaping up money to me : because there is no necessity for me ( and let those who now plead necessity both for their own illegal imposing , levying of unjust uncessant heavy taxes , imposts , excises on our nations , without grant and common consent in parliam●nt● consider it ) that money should be raised and collected for my use by an injust exaction . after this he en●oyns them by thi● letter ; to pay all debts and duties due by the antient law ; as tithes of their corn and cattel , peter pence , and first fruits at the feasts appointed , under pain of the penalties inflicted by the laws , which he would strictly exact without pardon : neither was he worse than his word , writes l malmsbury ) for he commanded all the laws made by antient kings , and especially by his predecessor king ethelred , to be for ever observed , under pain of a regal mulct . to the custody of all which ancient laws , even now ( writes he ) our kings are sworn , under the name of king edwards lawes , non quod illa statuerit , sed observaverit . and m matthew westminster records further ; vicecomitibus regni angliae et praepositis , districtè mandavit , ut nulli hominum vim inferant , nec propter pecuniam fisco reponendam in aliquo a iustitia deviant , dum non habeat necessitatem de peccato pecuniam adaugere . if this forein danish conqueror and usurper of the crown of england quod bellico iure obtinebat , et armorum violentia ; as n william thorne records , was at last so just and equal to the english , as to reform all his former extravagant acts of injustice , exactions , oppressions , to release all unjust taxes , exactions , oppressions , and not to exact or raise any monies unjustly on the people , upon any real or pretended necessity , without their common consent in parliament , by any of his officers , should not our own english conquerors , & domineering grandees , now much more imitate this his laudable example , who pretend not only to equal but exceed him in saintship , justice , devo●ion , & no longer to oppress the griev'd people with their arbitrary tyrannical taxes , excises , imposts , extravaganr violent poceedings in new wayes of highest injustice , as hitherto they have done , against all their oaths , covenants , declarations , promises , and engagements to the nation . king cnute returning from rome into england , anno . treated the english very justly and civilly , confessed redressed his own former and his ancestors extortions , oppressions , rapines , endowed many monasteries with lands and priviledges , and ratified them with his charters . hereupon brithmerus abbot of croyland . cum cnutonem regem super angliam stabilitum cerneret , universos anglios civiliter & satis amicabiliter tractare , insuper sanctam ecclesiam speciali devotione deligere , ac filiali subjectione honorare , monaste riis multisque sanctorum locis benè facere , quaedam verò monasteria ad summam gloriam promovere , thereupon resolved to go to the king , & procure his charter of confirmation of the abbey , lands & liberties of croyland , quorundam adversariorum , qui tempore guerrae multum creverant , vim formidans . which charter he readily obtained in these memorable words , wherein he acknowlegeth his rapines and bloodshed to posterity . cnutus rex totius angliae & danmarchiae , & norwagiae , & magnae partis swavorum , omnibus provinciis , nationibus & populis meae potestati subjectis , tam minoribus quam majoribus salutem . cum terram angliae , progenitores mei & parentes duris extortionibus , & diris depraedationibus saepius oppresserunt , et ( fateor ) innocentem sanguinem frequenter in ea effvdervnt , studium meum â principio regni mei fuit , & semper erit in futurum , tam penes caelum quam penes seculum , propter haec mea peccata , et parentvm meo rvm satisf acere , & statum totius sanctae matris ecclesiae , & uniuscujusque monasterii sub imperio meo constituti , cum in aliquo meo patrocinio indiguerint , devotione debita emendare , omnesque sanctos dei per haec , & alia bona opera mihi in meis necessitatibus reddere benignos , ac deprecationibus meis favorabiles & placatos . ideo in arras hujus meae satisfactionis , offero sancto guthlaco de croyland , & caeteris sanctis ejusdem loci de substantia mea unum calicem ; confirmans brithmero abbati , & monachis suis totum monasterium suum croylandiae , cum insula circumjacente , & duobus mariscis adjacentibus , scilicet , arderlound , & goggislound eisdem terminis & limitibus , quibus in chirographo inclyti , quondam regis edredi restauratoris sui dicta insula , dictique duo marisci satis apertè describuntur . confirmo etiam omnes ecclesias & capellas , terras & tenementa , libertates & privilegia in ejusdem regis chirographo contenta , cum quibus omnibus dictus rex edredus dictum monasterium croylandiae ad honorem dei , & s. guthlaci confessoris sui corporaliter in ea requiescentis dotavit , donavit , ditavit , & suo chirographo confirmavit . nullusque hominum meorum audeat à modo dictos monachos inquietare , vel in aliquo conturbare proprae dictis . quod si quis facere praesumserit , vel tentaverit usurpare , vel gladii mei sentiet aciem , vel gladii paenam sacrilegis debitam subibitabsque omni remissione , & redemptione puniendus , juxta modum et mensuram injuriae dictis monachis irrogatae . ego cnutus rex anno dominicae incarnationis ▪ . londoniis istud meum chirographum signo sanctae crucis confirmavi . ✚ then follow the subscriptions of both the archbishops , sundry bishops , abbots , earls and others . the same year . king cnute granted and confirmed to the abbot of glastonbury , the conusance of all ecclesiastical and secular causes within the island of glastonbury , by a special charter , cum consilio & decreto archipraesulis nostri ed●lnothi , ●●mulque cunctorum dei sacerdotum , & consensu optimatum meorum ; as the words of the charter atte● , to the end it might be valid in law. and the self same year king cnute commanded elstan , abbot of s● . augustines in canterbury to repair to him at the feast of pentecost , concerning the translation of the corps of st. mildretha to that monastery , ut translationem faciendam , ipse rex , per concessionem procerum , & per literas suas firmius confirmaret , as q william thorn in his chronicle relates . king cnute in the year . on the feast of christs nativity , held a parliamentary council at winchester , where , venerando sapientum ejus consilio , by the venerable counsel of his wisemen , he made and published sundry excellent ecclesiastical and civil laws for the good government of the church and realm , to the praise of god , the honour of his regality , and common good of the people , being in the saxon and in the latine copies . his ecclesiastical law thus resolves , against the anti-magistratical opinion of this licentious age , christiano regi ●ure pertinet , ut injurias deo factas vindicet , secundum quod acciderit . his civil laws begin thus . haec est institutio legum secularium , quam communi sapientum meorum consilio , per totam angliam t●n ri praecipio . imp●imis volo , ut iustae leges erigantur , et injustae sub vertantur , et omnis injustitia modis omnibus sarculetur , & a modo omnis homo dignus publica rectitudine reputetur , pauper & dives quicunque sit , & eis justa judicia judicentur . i shall transcribe only some few of his laws pertinent to my theam . lex . prohibemus ne christianus aliquis penitus pro parva re saltem ad mortem deducatur . sed justitia pacificans pro necessitate populi exquiratur , ne pro levi re , opus manuum dei , & sui ipsius pretium , quod profundè redemit desperet lex . praecipimus nè christiani passim in exilio vendantur , vel in gentilitatem , nè forte pereant animae quas propria vita sua mercatus est dominus noster ihesus christus . lex . omnis injustitia deinceps opprimatur , burgbotam & brigbotam , & scipsorthunga & frothunga , qui navigii vel expeditionis sonant apparatum , sedulo procuremus , cum necesse fuerit ad commune regni nostri commodum . et perquiramus simul modis omnibus quo modo praecipuum possit consilium ad profectum populi obtineri , rectaque christianitas propensius erigi , & quicquid in●ustum est solertius enervari . lex . si quis deinceps vnlage , i. e. non legem erigat , vel injustum judicium judicet , pro laesione , vel aliqua pecuniae susceptione , sit erga regem , cxx s. reus in anglorum laga , nisi cum juramento audeat inveritare , quod rectius nescivit judicare , & dignitatem suae legalitatis semper amittat si non eam redimat erga regem , sicut ei permittetur . in denelaga lathslithes , reus sit si non juret quod melius nescivit . lex . qui aliquem accusare praesumat , unde pecunia vel commodo pejor sit , & denique mendacium pernoscatur , linguam suam perdat , vel weregildo redimatur . lex . nemo regem requiret de justitia facienda dum ei rectum offertur in hundredo suo , & requiratur hundredum secundum witam , sicut justum est . lex . et habeatur in anno ter burgimotus , & scyremotus bis , nisi saepius sit necesse . et inter sit episcopus et aldermannus ; et doceant ibi dei rectum et seculi . lex . non est in aliquo tempore concessa injustitia , et tamen injustitia est festis diebus et sanctificatis locis propensius interdicta . semperque sicui homo potentior est , vel majoris ordinis , sic debet solertius pro deo et seculo quod justum est emenda●e . et ideo gratam emendationem sedulo per quiramus de scripturis sanctis , et secularem juxta legem seculi . lex . si quis de morte regis vel domini sui quoquo modo traectaverit , vitae suae reus sit , et omnium quae habebit , nisi triplici judicio se purget . lex . si quis burgbotam , vel brigbotam . burgi vel pontis refectionem , vel firdfare , . in exercitum ire supersedeat , emendet hoc erga regem c. xx . s. in anglorum laga ; in denelaga sicut lex stetit antea , vel ita se adlegiet , nominentur ei . et acquirat ex eis . lex . haec est alleviatio quam omni populo meo praevidere volo , in quibus nimis omnino fuerant aggravati . praecipio praepositis meis omnibus ut in proprio meo lucrentur , et inde mihi serviant . et nemo cogatur ad firmae adjutorium aliquid dare , nisi sponte sua velit . et si quis aliquem inde gravabit , werae suae reus sit erga regem . lex . si quis ex hac vita decedat sine distributione rerum suarum , vel per incustodiam vel per mortem improvisam , non usurpet dominus ejus de pecunia ( nisi quantum ad justam relevationem pertinet , quae anglicè vocatur hereget ) sed sit secundum dictionem ejus ipsa pecunia recte divisa , uxori , pueris et propinquis , unicuique secundum modum qui ad eum pertinet . et sint relevationes ità minutae sicut modus est . comitis , sicut ad eum pertinet , hoc est , octo 〈◊〉 ▪ quatuor sellati , quatuor insellati , et galeae quatuor , et loricae quatuor , cum octo lanceis et totidem scutis , et gladii quatuor , et cc. marcae auri . postea thayni regis qui ei proximus sit , quatuor equi , duo sellati , et duo insellati ; et duo gladii , et quatuor lanceae , et totidem scuta , et galea cum loricasua , et . marcae auri . et mediocris thayni , equus cum apparatu suo , et arma sua , vel suum halsfang . in westsaxia , in mircenis ij l. in estanglia , ij . l. et si notus sit regi , equi duo , unus cum sella et alius sine sella , et unus gladius , et duae lanceae , et totidem scuta , et marcae auri . et qui minus potest , det duas libras . lex . et qui fugiat à domino vel socio suo pro timiditate in expeditione navali vel terrestri , perdat omne quod suum est , et suam ipsius vitam , et manus mittat dominus ad terram quam ei antea dederat . et si terram haereditariam habeat , ipsa in manum regis transeat . lex . et qui in bello ante dominum suum ceciderit , s●t hoc in terra , sit alibi , sint relevatitones condonatae : et habeant haeredes ejus terram sicut et pecuniam suam , et rectè dividant inter se . lex . et volo ut omnis homo pacem habeat eundo ad gemotum , vel rediens de gemoto , id est placito , nisi sit fur probatus . lex . qui leges istas apostabit quas rex modo nobis omnibus indulsit , sit dacus , sit anglus , werae suae reus sit erga regem . et si secundo faciat , reddat bis weram suam . si quis addat tertio , reus sit omnium quae habebit . in the rest of his lawes all corporal and pecuniary penalties and fines for all sorts of offences and crimes , are reduced to a certainty , and none left arbitrary ; and by lex , . it is evident , that the military laws , as wel as the civil & ecclesiastical , were made in and by advice and direction of the great councils . the ſ chronicle of bromton informs us , that king cnute , per chartam suam à se et haeredibus suis dedit , quàm cito post in parliamento suo apud wintoniam ( when and where those laws were made ) coram omnibus regni sui magnatibus confirmavit , gave and confirmed the manors of hornyng , ludham and netershede to the monastery of cowholm in northfolke : and that one maynard riding towards this parliamentary council , brake his neck , who had so incensed the king against wulfric and the monks of this monastery , that he threatned to put them to death . what lands and privileges he gave by his charters to st. cuthberts church in durham , christs-church in canterbury , and other monasteries , the ( t ) marginal authors will inform us . about the year . u king cnute having obtained the soveraign dominion of england , scotland , norwey , a great part of sweden , and of all denmarke principally by the sword , through the flattery of his followers , who stiled him , a king of all kings , most mighty soveraign , and the like , who had under his subjection & dominion not only the people and land but the sea likewise ; & also by reason of his great dominions , was so much elevated with pride of heart , that he once commanded the royal throne of his empire to be placed on the sea shore near the water , as the sea was flowing in upon it : and then stepping up into his throne & sitting in it , he spake thus to the sea in an imperious manner , as if he were absolute sovereign of it . tu meae ditionis es , &c. thou art under my dominion and part of my empire , and the land on which i sit is mine , neither is there any one in it who dares resist my command , without punishment . therefore i now command thee , that thou ascend and come not up upon my land , nor yet presume to wet my royal robes , nor the feet or members of thy soveraign . but the sea , notwithstanding this inhibition , ascending after its accustomed manner and nature , and no wayes obeying his commands , wet both his feet , legs and royal robes , without any revernce . whereupon the king leaping hastily out of his throne , almost over-late , and retiring from the waves ; used these words : ltt all the inhabitants of the world know , that the power of kings is but vain and ●rivolous , and that no man is worthy the name of a king , but he alone , to whose b●ck both heaven , earth and the sea obey by everlasting laws . henry de knyghton superaddes thereto as part of his speech , which most others omit . i am a wretch and a captive able to do nothing , possessing nothing without his gift ; i commend ; i recommend my self to him , and let him be the gardian of debility , amen . after which king cnute never wore his crown upon his head , but put it upon the head of the crucifix at winchester ( as most accord ) to the praise of the great king , thereby giving a great example of humility to kings and conquerors ; who in the height of all their power , can not command the sea or least wave not to flow or wash them . henry de knyghton conceives this to be before his pilgrimage to rome ; others expresly record it was after his return from thence , whose computation i here follow , and therefore place it in this year . in the year of our lord . king cnute , a little before his death , made this partition of his kingdoms amongst his sons . swane his son by q. algiva ( or as some affirm of a priests wife suborned by algiva as her own ) he made king of norwey ; his son harde-cnute by queen emma , he caused to be crowned king of denmark ; as wigorniensis , hoveden , and others write , yet some gainsay it , that he made his son harold king of england , and soon after died at shaftesbury , november , . . and was buried at winchester , immediatly after his decease the nobles met at oxford about the election of a new king , which our historians thus express . convenerunt apud dxoniam ad colloquium ( as mat. westm . ) or placitum magnum ( as huntindon and others stile it ) proceres regni , vt de novo rege creando tractatent ibidem . all the nobles of the realm assembled in a great parliamentary council or court at oxford , that they might consult about the electiction of a new king ( which they would not have done had harold been made king of england before by cnute in his life time . ) leofric , earl of chester , and the rest of the nobles on the northside of the thames , with all the danish princes and londoners ( who by conversing with the danes amongst them , were corrupted with their vices , and addicted to their party ) elected harold son of cnute by his concubine algiva , ( whom some aver to be the son of a tayler ) for their king ; but godwin earl of kent , with the princes of the western part of england , contradicting them , would rather have elected harde-cnute , son of cnute by queen emma , or one of the sons of king ethelred and emma , then in normandy . after great strife and debate between the nobles about the election , because harold was there personally present ; but harde-cnute then in denmark , and alfred and edward in normandy , harolds party prevailed against earl godwins , qui tandem vi & numero minor , ●essit violentiae . whereupon harold was presently crowned king at oxford by elnothus archbishop of canterbury , though at first he was very unwilling to perform that service . for it is x reported of him , that he having the regal scepter and crown in his custody , refused with an oath to consecrate any other for king , so long as queen emma her children were living ; for ( said she ) cnute committed them to my trust and assurance , and to them will i give my faith and allegiance . this scepter and crown therefore i here lay down upon the altar , neither do i deny nor deliver them to you ; but i require by the apostolick authority , all bishops , that none of them presume to take the same away , neither that they consecrate him king therewith ; as for your self , if you dare , you may usurp that which i have committed to god on this table . notwithstanding this great thunderclap being allayed with the showers of golden promises of his just , good , and religious government intended ( though present experience manifested the contrary ) he was crowned by him anno anno. . henry huntindon and others write , that they elected him king , only to keep the kingdom for his brother harde-cnute then in denmark : harold and the nobles of west-sex , who opposed his election , upon advice taken , resolved , that queen emma wife of the deceased king , should keep west-sex and winchester for the use of her son harde cnute , and that earl godwin should be their captain in military affairs . roger hoveden , and others record , that harold being elected king by the consent of the major part of the nobles of england , obtained the royal dignity , and began to reign , quia justus haeres , because he was a lawfull heir ; yet he reigned not so powerfully as cnute , quia justior haeres expectabatur harde cnutus , because a juster heir harde cnute was expected : by reason of this disagreement amongst the nobles , to please both parties ; the kingdom of england was therupon divided by lot ; harold enjoying the northern part thereof , and harde-cnutes friends retaining the southern part of it for his use . no sooner was harold crowned king , but to secure himself the better in his throne , he presently posted to winchester with his forces , where tyrannically and forcibly taking away all the treasures and goods which cnute had left to queen emma his mother-in-law , he banished her out of england into flanders ; ( some write , she was thus banished by the secret counsel and treachery of earl godwin , whom she had made general of her forces for her preservation , who proved unconstant , and a traytor to her and her children ) where in this her distresse she was honourably entertained by earl baldwin . in the year . alfred eldest son of king ethelred comming over to claim his right in the crown , was with his norman associates , betrayed , and murdered by the treachery of earl godwin , of which i finde these several different relations in our historians . y matthew westminster , ranulphus cistrensis , and others out of them record ; that alfred being in normandy , and hearing of the death of cnute , came into england with . chosen ships full of souldiers , ut paternum regnum de jure sibi debitum , vel pacificè , vel si necessitas cogeret , armatorum praesidio obtineret ; that he might obtain his fathers kingdom , of right due unto him , either peaceably , or if necessity compelled , by force of arms . who ariving with his forces at sandwich port , came as far as canterbury : when godwin earl of kent knew of his comming , he went to meet him , and receiving him in his fidelity , the very next night following compleated the part of the traytor judas upon him and his fellow-souldiers . for after kisses of peace given , and joyful banquets , in the silence of the midnight , when as alfred and his companions had given their members to sleep , they were all taken unarmed in their beds , suspecting no harm , by a multitude of armed men rushing in upon them , and their hands being tyed behind their backs , they were compelled to sit down in order one by another : where sitting in this manner , nine of them were always beheaded , but the tenth dismissed , and his life reserved for a time : these things were acted at gildeford , a royal town . but when it seemed to the traitor godwin , that there were more yet remaining alive of them , than was profitable , he cōmanded them to be tithed over again , as before , and so very few of them remained alive . but young alfred , every way worthy of royal honour , he sent bound to the city of london , to king harold , ( that therby he might find greater favor with him ) with those few of his followers who remained undecimated . so soon as the king saw young alfred , he caused him to be sent to the isle of ely , and there to have his eyes pulled out ; of the pain whereof he soon after died ; but he slew all his souldiers too perniciously . florentius wigorni●nsis , roger de hoveden , simeou dunelmensis , radulphus de diceto , mr. fox , and others relate , that the innocent princes alfred and edward , sons of king ethelred , came out of normandy ( where they had long resided with their uncle richard ) into england , accompanied with many norman souldiers , transported in a few ships , to conferr with their mother emma , then residing at winchester . which some potent men , especially earl godwin ( as was reported ) took very unworthily and grievously , because ( licet injustum esset ) although it were unjust , they were more devoted to harold than to alfred . whereupon harold perswaded king harde-cnute and the lords , not to suffer those normans to be within the realm for jeopardy , but rather to punish them for example ; by which means he got authority to order the matter himself ; wherefore he met them on guild-down , and there seised upon prince alfred , and retained him in close prison when he was hastning towards london to conferr with king harold , as he had commanded : and apprehending all his followers , he ransacked some of them , others of them he put in chains , and afterwards put out their eyes ; some of them he tormented and punished , by pulling off the skin from their heads , and cutting off their hands and feet ; many of them he likewise commanded to be sold ; and slew men of them at gildeford , with various and cruel deaths ; whose souls are believed now to rejoyce with the saints in paradice , seeing their bodies were so cruelly slain in the fields without any fault ; which queen emma hearing of , sent back her son edward , who remained with her , with greatest haste into normandy . after which , by the command of earl godwin and some others , prince alfred being bound most straitly in chains , was carried prisoner to the isle of ely by ship ; where he no sooner arived , but his eyes were most cruelly pulled out , and so being led to the monastery , was delivered to the monks to be kept ; where he soon after died , and was there interred . z some add , that after alfreds eyes were put out , his belly was opened , and one end of his bowels drawn out and fastened to a stake , and his body pricked with sharp needles or poyneyards forced about , till all his intrails were extracted : in which most savage torture he ended his innocent life . ranulphus cistrensis in his polychronicon , l. . c. . relates , that godwin used this strange cruelty towards those normans that came over with alfred , whom he twice decimated at gildeford ; that he ripped up their bellies , and fastned the ends of their guts to stakes , that were reared and pyght in the ground , and laid the bodies about the stakes till the last end of the guts came out . the author of the book called encomium emmae , and a speed out of him , writes , that harold was no sooner established king , but that he sought meanes how to rid queen emma secretly out of the way ; and maliciously purposing took counsel , how he might train into his hay the sons of queen emma , that so all occasions of danger against him , might at once for all be cut off . many projects propounded , this lastly took effect ; that a letter should be counterfeited in queen emma's name unto her sons edward and alfred , to instigate them to attempt the crown usurped by harold against their right . the tenor of which letter you may read in speed. this letter being cunningly carried , & digested by alfred as savoring of no falshood , he returned answer , he would come shortly over to attend his mothers designs : which harold being informed of , forelayes the coasts to apprehand him . upon his comming on shore in england , earl godwin met him , and binding his assurance with his corporal oath , became his leige-man and guide to queen emma ; but being wrought firm for harold , treacherously led these strangers a contrary way , and lodging them at guildford in several companies , there tithed and murthered them as aforesaid . b henry huntindon , the c chronicle of bromton , william caxton in his chronicle , and another historian mentioned by d mr. fox , record , that this murther was after the death of king harde-cnute . when the earls and barons of england by common assent and counsel sent into normandy for these two brethren alfred and edward , intending to crown alfred the elder brother , and to make him king of england ; and to this the earls and barons made their oath . but earl godwin of west-sax sought to slay these two brethren so soon as they came into england , to the intent he might make harold ( his own son by cnutes daughter , or sister maried to him ) king ; as some of these affirm ; others of them relate , that he intended only to destroy alfred , being an englishman by the father , but a norman by the mother , whom he foresaw to be a person of such honour and courage , that he would disdain to mary his daughter , or to be swayed by him ; and then to mary his daughter godith to edward the younger brother , and to make him king , as being of a more milde and simple disposition , apt to be ruled by him . hereupon godwin went to southampton to meet with the two brothers at their landing . it fell out , that the messengers sent into normandy , found only alfred there , edward being then gone into hungarie to speak with his cosen edward the outlaw , ironsides son . when alfred heard these messengers tydings , he thanked god , and in all hast sped him to england , ariving at southampton with some of his mothers kinred , and many of his fellow-souldiers of like age , who were normans . whereupon godwin intimated to the nobles of england , that alfred had brought over too great a company of normans with him , and had likewise promised the lands of the englishmen to them , and therefore it would not be safe to instirpate such a valiant and crafty nation amongst them . that these ought to undergoe exemplary . punishment , lest others by reason of their alliance to the king , should presume to intrude themselves amongst the english . and then posting to southampton , welcomed and received alfred with much joy , pretending to conduct him safe to london , where the barons waited for to make him king , and expected his comming ; and so they passed forth together towards london . but when they came to guild-down , godwin said to alfred , look round about thee on thy right hand and left , and behold what a kingdom shall be subjugated to thy dominion . upon which alfred giving thanks to god , presently promised , that if it happened he should be crowned king he would constitute such laws as should be pleasing and acceptable both to god and man. which words were no sooner uttered , but the traytor godwin commanded all his men to apprehend alfred , and to slay all the normans that came with him in his company : and after that to carry alfred into the isle of ely , and there to put out both his eys , and to pull out his bowels ; which they accordingly executed as aforesaid . and so died this innocent alfred , right heir to the crown , through the treason of wicked godwin . e when the lords of england heard thereof , and how alfred that should have been their king , was put to death , through the false treason of godwin , against their wills , they were wonderfull sorrowfull and wroth , and swore before god and man , that he should die a worser death than did edric , which destroyed his lord edmond ironside : and would immediately have put him to death , but that the traytor fled , and escaped into denmark , and there continued . yeares and more , and lost all his lands , rents , goods and chattels in england , confiscated in the mean time for this his treason . these historians , though they somewhat vary in the time and occasion of prince alfreds death , yet they all agree in the substance of his and of his norman souldiers and campanions treacherous , barbarous murders , by the joynt or separate treacherie of earl godwin , and his son harold : which how fatal it proved to them both , by gods avenging justice , you shall hear in its due place , and what divine vengeance it drew at last on the whole english nation , religious and judicious f mr. john fox informes us in these words . this cruel fact of godwin , and his men against the innocent normans ; whether it came of himself , or of the kings setting on , seemeth to me to be the cause why the justice of god did shortly after avenge the quarrel of these normans , in conquering and subduing the english nation , by william the conquerour and the normans which came wi●h him . for so just and right it was , that as the normans coming with a natural english prince , were murdered of english men ; so afterwards the englishmen should be slain and conquered by the normans , coming with a forein king , being none of their natural country . after the banishment of queen emma out of , and murder of prince alfred in england g harde-cnute delaying the time in denmark , and deferring his coming in o england ; thereupon harold , ( formerly king only of the mercians , and northumbrians , ) that he might reign over all england , in the year . a principibns et omni populo rex eligitnr , was elected king by all the nobles and people . harde-cnutus verò , quia in denmarchia manscrat , et ad anglian , ut rogabatur , venire distulit , penitus abjicitur , as florentius wigorniensis , simeon dunelmensis , hoveden , bromton , radulphus de diceto , and others inform us . after which king harold degenerating from cnute his father in all things , took no care at all either of military or civil affairs , nor of his own courtly honour , doing only his own will , and contrary to his royal estate , going more willingly on foot , ( of which he was so swift , that he was named harefoot ) than riding on horseback . in his dayes there were rendred and paid to ships from every port ( not in-land towns ) . marks of silver , as in the time of his father ; as h henry huntindon records : to which i john speed subjoynes ; this dane seeing his hazards prevented , sought to secure himself , and w●th ships of the danish fleet kept the seas , which continued ever in a readiness and wafted from port to port : to the maintenance whereof , he charged the english with great payments , to their no little grudge and reviling ; whereby he lost the love of his subjects before it had taken root in their hearts . neither held he long those disloyal courses , for that his speedy death did cut off the infamy of a longer life , he dying at oxford , where he was elected king , without wife or children to survive his person , or revive his name , when he had reigned only . years , and as many moneths , anno . upon the de●th of [ h ] harold . proceres tam anglorum , quam danorum in unum concordantes sententiam ; the nobles both of the english and danes ( assembling together in a parliamentary council ) and concording in one opinion , sent embassadours to harde-cnute , then at bruges in flanders , visiting queen emma his mother ( where he had made great preparation of ships and land-forces , to recover the crown of england , which belonged to him both by birth and compact , from his brother harold ) beseeching him , to make hast into england , and to take possession of the crown thereof . whereupon he immediately consenting to the counsel of the nobles , came speedily into england with , as some , or ships , as others write , furnished with danish souldiers and mariners ; where he was received with great joy , elected king both by the english and danes , and solemnly crowned ar london by elnothus archbishop of canterbury . soon after he commanded alfric archbishop of yorke , earl godwin , and others , to digg up the interred corps of his brother king harold out of his grave in london , and his head to be cut off by the hangman , and then both head and corps to be thrown into the common sink , and after that into the thames . and that partly in revenge of the injuries done by him to his mother queen emma , in banishing and spoiling her of her money and jewels , against all right and justice : and partly for his unjust invasion of the crown of england ; but in truth , as a just retaliation of his barba●ous cruelty to prince alfred and his normans . for whose treacherous inhumane slaughter , king harde-cnute deprived alfred bishop of worcester of his bishoprick , whose hands were said to have been in alfreds bloud . and for which murder he likewise looked with an evil eye upon earl godwin , compelling him to an oath of purgation touching the same . whereupon godwin by his own oath , and the oaths os most of the nobles of the realm his compurgators swore , ( though most falsly ) that prince alfreds eyes were not put out , nor he murdered ( as aforesaid ) by his counsel or consent , but what was done therein , was only by the command of king harold , which he durst not resist . notwithstanding which oath , to purchase his peace with harde-cnute , he presented him with a most rich and royal present , to wit , with a ship , whose stern was of gold , with souldiers placed therein , all uniformly and richly suited , having on their heads gilt burgonets , on their armes bracelets of gold , on their bodies , habergeons , swords , battel-axes , targets , and other arms after the danish fashion , all richly gilt , with gilt bosses and darts in their hands . which present , though it pacified ▪ the kings indignation , yet it prevented not gods avenging justice on him afterwards for alfreds bloud ; thus partly avenged on harolds carcasse , which was cast into the thames , and mangled according to hard-cnutes command , and lay floting on the water sundry dayes , till a fisherman in compassion took up his corps , and buried it privately in st. clements danes . soon after harde-cnute in the second year of his reign , commanded . marks to be paid to every mariner ; some write ● . others . marks , to every shipwright of his danish navy ; besides a vast sum of money to his land-army : hujus anno secundo redditus est census exercitui dacorum , scilicet lib. & lib. et posteà sunt redditae . puppibus , lib. & . lib. writes l henry huntindon : tributum inexorabile et importabile angliae imposuit , ut classiariis suis per singulas naves viginti ac triginti marcas ex pollicito pensitaret . quod dum importune per angliam exigitur , duo infestius hoc munus exequentes , a wigorniae civibus extincti sunt ; as * will : of malmsbury expresseth it . hic etiam contra omnem spem octo marc●s unicuique remigi classis suae de importabili tributo angliae solvi fecit , so m bromton ; which ●lorentius wigorniensis , hoveden , simeon dunelmensis , matthew westminster , polychronicon , caxton , fabian , holinshed , grafton and speed , thus more at large relate . anno . octo marcas unicuique suae classis remigi , et . unicuique gubernatori de tota anglia praecepit dependi , tributum videlicet tam grave , ut vix aliquis id possit persolvere . quapropter omnibus qui prius adventum ejus desiderabant magnopere , factus est exosus summopere . anno . harde-cnute king of england , huscarlas missit per omnes regni sui provincias : or , ministros suos per omnes fines regni destinavit ; sent his officers through all the counties & parts of the realm , to exact and collect the tribute which he had imposed , without sparing any , and to furnish his mariners with all necessaries from thence . two of which officers faeder and turstin exacting this importable tribute with great rigour and cruelty from the inhabitants of the county and city of worcester , were thereupon tumultuously slain by them in a monastery , whither they fled for sanctuary , on the th day of may. the king being very much incensed therewith , sent godwin with all the rest of the earls of england , and almost all his officers and whole army thither , to avenge their deaths , commanding them to slay all the men if they could , & to pillage and burn the whole city and county ; who coming thither the . of november , wasted the city and county for . dayes space , but took or slew few of the city or county , because they having notice of their coming , fled all away to an iland in the midst of severn called beverage , which they fortified , and so long manfully defended against their enemies , til they had recovered their peace , and obtained leave quietly to return to their homes . whereupon on the fifth day they burnt the city , every one returning with great booties ; and thereupon the kings wrath was pacified , but his reputation much ecclipsed , and the affections of the people lost by that cruelty and tax ; which it seems was imposed by his own arbitrary power , without any grant or common consent in a parliamentary council . vnde cunctis qui prius ejus adventum optaverant in angliam exosus effectus est , writes n mat. westminster : contumeliam famae & amori suo detrimentum ingessit , adds o malmsbury . this whole tribute amounted but to l. which came not to the moity of one moneths contribution , or excise in our dayes . p john speed and some others write , that earl godwin devising how the crown might be worn by him or his , to separate the hearts of the subjects from the prince , ( thaen which there can be no greater wound unto both ) caused the king to impose heavy tributes upon the english , only to pay the danes in his fléet , appointing every common souldier and mariner to receive . marks in money , and every officer and master . amounting to the summ of l. for the payment whereof there was so great a grudge , that two of his collectors were slain by the citizens of worcester ; which caused their city to be burnt , and part of the county to be spoiled by the kings command , and their bishop alfred expulsed the see , til with money he had purchased his peace . but observe gods justice on this exactor and tax-imposing king , soon after his cruelty at worcester , as he was revelling and carrouzing amidst his cups at lambheth at a solemn mariage-feast between a danish lord , and gotha an english lady , he suddenly fell down dead to the ground without speech or breath , not being lamented nor desired , by reason of his unwonted taxes , excesse and riot . yea , so far were all sorts from bewailing him , q that in regard of their freedom from the danish yoak , which they attained , ever since among the common people , the . of june ( the very day of his death ) is annually celebrated with open pastimes in the street ( as the old romans kept their fugalia for chasing out their king , ) which time is now called hoc-tide , or herextide , signifying a time of scorning or contempt , which fell upon the danes by his death , when he had voluptuously and oppressingly reigned over the english not full two years , wanting ten dayes thereof . now here take special notice of gods exemplary justice upon king cnute , the danish usurper and invader of other mens crowns and kingdoms , by treachery , bloud , war , treason , the murders of edmund ironside , pr. edwin , and alfred , and exile of the royal posterity . his base son harold dispossessed his legitimate son harde-cnute of the crown of england , contrary to his will and contract , banished and spoiled his own queen emma of her treasure and jewels , oppressed the people with taxes , and was soon cut off by death , without any issue . harde-cnute after his death digs up his brother harolds corps , beheads , and then throws it into the common sink & thames , incurs gods and his peoples hatred by his oppressions , taxes , luxurie ; and is taken away suddenly in the midst of his age , without issue , before he had reigned two years . his son r swan● to whom he bequeathed the kingdom of norwey ( which he got by treachery , bribery , force , and the expulsion , murder ol their rightfull pious king olaus ) was expelled both out of norwey and denmark too by magnus the sonne of olaus ; the english army sent by harde-cnute , to re-establish him in the kingdom of norwey , routed in the field , and so forced home thence with dishonour , leaving magnus in possession , not only of norwey but denmark , which he conquered , and made tributary to him . thus were all his three sons , within years space after cnutes death , quite stript of all their three kingdoms , acquired by war , blood , conquest , treachery , and the english and norwegian royal lines restored to their rights and crowns again . what persons then in their right sences would impiously spend much treasure levied on the oppressed people by violence , rapin , uncessant taxes , excises , or shed much human christian blood , to purchase other mens crowns , kingdoms , which are not only full of cares and troubles , but so unstable , short and momentary in their fruition , as is most evident by the danish intruders ? chap. v. containing a brief historicall collection of all the parliamentary councils , state-assemblies , historicall passages , and proceedings that concern the fundamentall liberties , priviledges , rights , properties , laws , and government of the nation , under the reign of king edward the confessor , from the year of our lord . to . wherein he died . king harde-cnute being sodainly taken out of this world without issue by divine justice on the day of iune anno . thereupon the earls and barons of england , immediately after his death , assembled together in a great council , about the election of a new king : wherein a omnes anglorum magnates ad invicem tractantes , de commvni concilio et juramento statuerunt , quod nunquam temporibus futuris aliquis dacus super eos in anglia regnaret ; & hoc maxim● pro contemptibus quos angli à danis saepiu● acceperunt , &c. as the chronicle of bromton & others informe us : all the nobles of the english treating together decreed by common advice , which they ratified with an oath ; that in times to come never any dane ( or person of the danish blood ) should reign or be king over them in england any more ; disclaiming all danish subjection ; & that especially for the contempts which the english had very often received from the danes . for if a dane had met an englishm●n upon any bridge , the englishman must not be so hardy to move a foot , but stand st●ll till the dane was passed quite ever it . and moreover , if the englishmen had not bowed down their heads to doe reverence to the danes , they should presently have undergo●e great punishments and stripes . whereupon king harde-cnute being dead , the english rising up against them , drove all the danes , being then without a king and captaine , out of the realm of england , who speedily qu●tting the land , never returned into it afterwards . and here we may justly stand still a while , and contemplate the admirable retaliating justice of god upon our danish usurping kings and their posterity : king cnute as you heard before , caused the temporizing english bishops , nobles and barons assembled in a parliamentary council , against their oaths of allegiance to king ethelred , edmund ironside and their heirs no less then twice one after another , to renounce , cast off , and abjure their regall posterity , to make them incapable of the crowne of england , and settle the inheritance● of it upon him and his danish blood . anno . and . and now in little more then twenty years after , all the english prelates and nobles assembled in council , of their own accords , by a solemn decree and oath , abjure , ren●unce , and eternally disinherit all the danish blood-royall of the crown of england , and restore the saxon english royall line to that soveraignty , which they had formerly disclaimed : such are the vicif●itudes of divine justice and providence , worthy our observation in these wheeling times wherein we live , when no man knoweth what changes of like nature c one day or year may bring forth . the english putting their decree for cashiering all the danes in execution , d turned the mout of all the castles , forts , garrisons , cities , villages th●oughout england , as well those of the royall and noble blood , as the vulgar sort , and forced them to depart the realm , as they had formerly banished the english princes and nobles . e proc●re● igitur anglorum ●am dacorum dominio liberati , the nobles therefore of engl. being thus freed from the danes dominion ; for so much of god of his mercy and providence ( who is the maker of heirs ) thought good after the wofull captivity of the english nation , to grant them some respite of deliverance in taking away the danish kings without any issue left behinde them , who reigning here in england kept the english people in miserable subjection about the space of years , and from their first landing in the time of king brict●icus , wasted and vexed this land for the space of years : their tyranny now coming to an end by the death of harde cnute ; they thereupon assembling together in a great council , with a generall consent , elected prince edward ( surnamed the confessor , the youngest and onely surviving son of king ethelred ) for their king ; who annuente clero et populo londoniis in regem eligitur , as f mat. westminster relates ; whereupon edward being then in normandy , where he had long lived in exile , being a man of a gentle and soft spirit , more appliable to other mens counsels then able to trust his own , & naturally so averse from all war & bloodshed , that he wished rather to continue all his life long in a private exiled estate , then by war or blood to aspire to the crown ) the lords sent messengers to him , to come over and take peaceable possession of the kingdome of england , they having chosen him for their king , advising him to bring with him as few normans as he could , and they would most faithfully establish him in the throne . edward , though at first he much doubted what course to stear , somewhat mistrusting the treachery and inconstancy of the fickle headed english , yet at last upon the importunity of the messengers , who informed him g melius esse ut vivat gloriosus in imperio , quàm ignominiosus moria●ur in exili● . jure ei competere regnum , aevo maturo laboribus defaecato , sci●●ti administrare principatum per aetatem severè , miserias provinci●lium pro pristina aequitate temperare , &c. and upon putting in sufficient pledges , and an oath given for his security , he came into england with a small train of normans , where he was joyfully received by the nobles and people . nec mora , gilingeam ( or rather londoniam ) congregato concilio , rationibus suis explicitis regem effecit , dominio palam ab omnibus dato , as malmsbury ; or electus ●st in regem ab omni populo , as h huntindon and others expresse it . after which on easter day , apr . . he was solemnly crowned king at winchester , with great pomp , by e●dsi arch-bishop of canterbury , by the unanimou● consent of the archbishops , bishops , nobles , clergie and people of england , to their great joy and content , without the least opposition , war or blood-shed , after yeares seclusion from the crown by the danish usurpers . our i historians generally record , that bryghtwold a monk of glastenbury ( afterwards first bishop of wilton ) when king cnute had banished , and almost extinguished the whole royal issue of the english race , almost past any possibility or probability of their restitution to the crown , which he had forcibly invaded by the sword ; on a certian night fell into a sad deep contemplation of the forlorn condition of the royall progeny of the english nation , then almost quite deleted by the danes , and of the miserable condition of england under these forraign usurpers . after which falling into a deep sleep , he saw in a vision the apostle s. peter himself , holding prince edward ( then an exile in normandy ) by the hand , and anointing him king in his sight : who declared to him at large how holy this edward should be , that his reign should be peaceable , and that it should continue for years . after which bryghtwold being yet unsatisfied who should succed him , and doubting of edwards off-spring , demanded of s. peter , who should succeed him ? whereunto s. peter returned him this answer , regnum angliae est regnum dei , et ipse sibi reges ( or regem as some render it ) providebit . the realm of england is gods ki●gdome , and he himself shall provide kings , or a king for himself , according to his good pleasur● . yea the golden legend of king edwards life informs us , that he was chosen king of england by consent of parliament whiles he was yet in his mothers w●mb , as well as after harde-cnute's death . take the relation of it in k abbot ailreds words ; and of brightwolds vision likewise . cum igitur gloriosus rex ethelredus ex filia praeclarissimi comitis thoreti filium suscepisset eadmundum , cognomento ferreumlatus , ex regina autem emma , aluredum ; beatus edvardus inter viscera mat●rna conclusus utrique praefertur agente eo qui omnia operatur secundum concilium voluntatis suae , qui dominatur in regno hominum , & cui voluerit dat illud . fit magnus coram rege episcoporum procerumque conventus , magnus plebis vulgique concursus , & quia jam futurae cladis indicia saeva praecesserant , agitur inter eos de regni statu tractatus . deinde rex successorem sibi designare desiderans , quid singulis , quidve omnibus videretur explorat . pro diversorum diversa senentia res pendebat in dubio . alii enim e●dmundum ob invictissimum robur corporis , cae●eris aestimant praefere●du●● alii ob virtutem normannici generis aluredum , promovendum tutiùs arbitrantur . sed futurorum omnium praescius , prioris brevissimam vitam , alterius mortem immaturam prospiciens , in puerū nec dum natū universorum vota convertit . vtero adhuc clauditur , & in regem eligitur , non natus natis praefertur , & quem nec dum terra susceperat , terrae dominus designatur . praebet electioni rex consensum , laeti praebent proceres sacramentum , & inusitato miraculo in ejus fidelitate jurarunt , qui utrum nasceretur ignorarun● . tua haec sunt opera , christe jesu , qui o●nia operaris in omnibus , qui electum & dilectum tibi an●e mundi constitutionem plebis tui recto●em hiis indiciis declarasti ; quem li è● per illos , non tamen illi , s●d tu potius elegisti . quis enim non videat ●ec aptum usui , nec convenient tempo●i , nec consonum rationi , nec humano ferendum fuisse sensui , ut omissis fili●● l●gi●imis & adultis , hostili gladio imminente , parvulus , nec dum natus eligeretur in regem quem in tali n●cessitate n●c hostes m●tuerent , nec ci●es revererentur . sed omnipotens deus spiritum prophesiae voci simul & affectui plebis infudit . praesentia mala spe futurae conselationis temperans , ut sciant omnes in totius regni consolationem regem futurum , quem ab ipso deo , plebe nesciente quid fecerit , nullus dubitaret electum . saevibat interim gladius hostilis in anglia ; caedibus & rapinis omnia replebantur , ubique luctus , ubique clamer , ubique desolatio . incenduntur ecclesiae , monasteria devastantur , & ut verbis propheticis utar , effuderunt sanguinem sanctorum in circuitu jerusalem , & non erat qui sepeliret . sacerdotes suis fugati sedibus , sicubi pax & quies aliqua in monasteriis vel locis desertis inveniebatur , communem miseriam deplorantes delitescebant . inter quos vene●abilis bryghtwaldus wintoniensis episcopus , caenobium glastoniense maerens & tristis ingressus , orationibus vacabat & psalmis . qui cum aliquando pro regis , plebisque liberatione preces lacrymasque profunderet , quasi in haec verba prorumpens . et tu , inquit , domine usque quo ? usque quo avertis faciem tuam , obliviscens inopiae nostrae & tribulationis nostrae ? sanctos tuos occiderunt , altaria tua suffoderunt , & non est qui redimat , neque qui salvum faciat . scio domine , scio , quia omnia quae fecisti nobis , in vero judicio fecisti : sed nunquid in aeternum projiciet deus , & non opponet & complacitus sit adhuc ? erit ne domine deus mens , erit ne finis horum mirabilium ? aut in aeternum tuus in nos mucro desaeviet , & percutias usque ad internecionem ? inter pr●ces tandem & lachrimas fatigatum soper suavis excepit ; viditque per somnium cael●stem chorum cum lumine , beatissimumque petrum in ●minenti loco constitutum , dignum taentae majestati habi●um praeferentem . vid●batur ante eum vir pyaeclari vult●s in forma decenti regalibus amictus insigniis , qu●m cum p●opriis manibus apostolus censecrasset & unxisset in regem , monita salutis adj●cit , praecipu●que caelibem vitam commendans , quot esset annos regnatu●us aperuit . obstupefactus praesul tanti novitate miraculi , petit sibi à sancto visionis hujus mysterium revelari : de statu insuper regni & instantis sine periculi apostolicum exegit ●raculum . tunc factus vultis placido in tuens intuentem . domini , inqu●t , o praesul , domini est regnum , ipse dominatur in filiis hominum . ipse transfert r●gna , & mutat imperia , & propter peccata populi regnare facit hypocritam . peccatum peccav●t populus tuns domino , & tradidit eos in manus gentium , & dominati sunt etiam qui oderunt eos . sed non obliviscitur misereri deus , nec continebit in ira su● misericordias suas , erit enim , cum dormis cum patribus tuis sepultus in senectute bona , visitabit dominus populū suū , & faciet redemtionem ple bis suae eliget enim fibi vi●ū secundum cor suum qui faciet omnes voluntates suas ; qui me opitulante regnū adeptus , anglorum danico furori finem imponet . erit enim acceptus deo & gratus hominibus , amabilis civibus , terribilis hostibus , utilis ecclesiae . qui cum praescriptum terminū regnandi in justitia & pace compleverit , laudabilem vitam sancto fine concludet . quae omnia in beato edwardo completa rei exitus comprobavit ; expergefactus pontifex rursùs ad p●eces lacrimasqu● convertitur , & licet faelicitat●m suae gentis non esset ipse visurus , de malorum tamen fine c●rtus eff●ctus , gratias ag●ns deo plurimum gratulabatur : factus igitur animaequior , populis poenitentiam praedicabat , quibus d●us mileric●rdi●m non defuturam constantissime pollic●ba●u● . from these passages whether reall , as man● , as fictitions as some repute them , i shall onely observe these reall truths . . that in king e●h●lreds reign , great parliamentary councils were usually assembled , to consult of the weighty affairs , state , if not succession of the realm of england . . that godly men in all ages have been deeply affected with the misery , exile , disinheriting , and extirpation of the royal issue and posterity , by invading forreign usurpers , and with the oppressions of their native countrey under their usu ped power ; and have poured forth frequent and fervent prayers unto god in secret , for their restitution and relief . . that the nobility , clergy and people of england have ever had a propense naturall inclination and affection to the true royall blood and posterity of the nation , though forcibly constrained to a●jure and renounce them for a season by prevailing intruders ; electing them for their kings , and preferring them before all others upon the very next opportunity to vindicate their rights and liberties , and rejecting the usurpers and their race . that though the kings of england were usually reputed hereditary , yet in truth they were for the most part actually elected by the prelates and nobles in parliamentary councils , and appointed by the generality of the clergy and people , and had oaths of allegiance given to them by their subjects . . that god doth many times beyond all probability and expectation , restore disinherited princes to their crowns , of which they have been forcibly deprived , after many years dispossession , and without any wars or effusion of blood , even by the nobles and peoples own voluntary choice and act , without their seeking : as he did here restore prince edward after years interruption , and aurelius ambrosius long before to the british crown , to omit all others . . that crowns invaded , ravished by force of armes and bloodshed , are seldome long or peaceably enjoyed by the usurpers themselves or their posterity , that of curtius being an experimentall truth , l non est diuturna possessio in quam gladio inducimur . all which we find experimentally verified in this history of king edward his election and restitution to the crown of england , worthy our special observation . king edw. coming to the crown , was not onely very charitable to the poor , humble , mercifull and just towards all men , but also plures leges bonas in anglia statuit , quae pro majore parte adhuc in regno tenerentur . whereupon about the year . ( as the chronecle of brompton , m william caxton , in his chronicle , and mr. selden inform us ) earl godwin , a sugitive in denmark for the murther of prince alfred , hearing of his piety and mercy , resolved to return into england , humbly to implore his mercy and grace , that he might have his lands again that were confiscated : having provided all things for his voyage , he put to sea and arrived in england , and then posted to london , ubi rex et omnes magnates ad parliamentum tum fuerunt , where the king and all the nobles were then at a parliament : here he beseeched & intreated his friends & kindred , who were the greatest lords of the land after the king , that they would study to procure to him the kings grace and friendship , who having thereupon taken deliberate counsel among themselves , led him with them before the king to seek his grace : but so soon as the king saw him he presently appealed him of treason , & of the death of alfred his brother , and using these words unto him , said ; thou traitour godvvin , i thee appeal for the death of alfred my brother whom thou hast traiterously slain . to whom godwin excusing himself , answered , my lord and king , saving your reverenes , and grace , peace , & lordship , i never betrayed , nor yet slew your brother : unde super hoc pono me in consideratione curiae vestrae ; whence i put my self upon the consideration and judgement of your court concerning this matter . then said the king karissimi domini , comites et barones terrae , &c. most dear lords , earls and barons of the land , who are my liege men now here assembled , you have heard both my appeale and godwins answer , volo quod inter nos in ista appeslatione , rectum judicium decernatis , et debitam justitiam faciatis : i will that between us in this appeale you award right iudgement and do due iustice . comitibus vero et baronibus super hoc ad invicem tractantibus . hereupon the earls and barons debating upon this businesse among themselves , some among them were different in their opinions from others in doing just judgement herein . for some said , that godwin was never obliged to the king , ( so bromton , to alfred writes cax●on ) by homage , service , or fealty ; and therefore he was not his traitour , and that he had not slain alfred with his own hands . but others said , quod comes , nec baro , nec aliquis regi subditus , bellum contra reoem in appellatione sua de lege potest vadiare : that neither the earl nor any baron , nor any subject to the king , could by the law wage battel against the king in his appeal , but ought wholy to put himself in his mercy , and to offer him competent amends . then leofric earl of chester ( or coventry , as caxton ) a good man towards god and the world , spake and said : the earl godwin , after the king , is a man of the best parentage of all england ; and he cannot deny but that by his councel alfred the kings brother was slain ; wherefore i award as touching my part , that himself and his son , and every of us , duodecim comites , the twelve earls who are his friends and kinsmen should go humbly before the king laden with as much gold and silver as every of us can carry between his arms , offering that to him for his trespasse , and submissively deprecating , that he would pardon all his rancour and ill-will to the earle , and receiving his homage and fealty , he would restore and redeliver his lands intirely to him : vnto which award they all according , they all laded themselves with treasure in the manner aforesaid , and going to the king , declared unto him the order and manner of their judgement , or avvard . quorum considerationi rex contradicere nolens , qui cquid judicaverant per omnia ratif●cavit . the king not willing to contradict them in any thing they had judged , ratified the same in all things . an agreement therefore being made between them in this manner , the earl presently regained all his lands . the generality of our historians ( as bromton confesseth ) deny that godwin ever fled into denmark , or left england for the murder of alfred ; they generally affirming , p that he purged himself thereof ( though falsly ) coram proceribus , before the nobles in the reign of harde-cnute ; swearing with his compurgators that he never consented to his death . nisi regia vi coactus , but through compulsion by royall violence . recording likewise , that after the death of king harde-cnute , prince edward was called out of normandy , and elected king , principally by the help and counsel of earle godwin himself , who ( as malmesbury and others write ) perswaded him to accept the crown , and precontracted with him before h● came into england : paciscatur ergo sibi amicitiam solidam , filiis honores integros , filiae matrimonium ; q brevi futurum ut se regem videat , qui nunc vitae naufragus , exul spei , alterius opem implorat . utrinque fide data , quicquid petebatur sacramento firmavit . if there were then any such parliament as this then held at london , and such proceedings in it concerning godwin , it was most probably in the year . as i here place it . and from these memorable proceedings in it , we may observe , . that there is mention onely of the king , earls and barons present in this parliament as members of it , not of any knights of shires , citizens or burgesses elected by the people , of which there is not one syllable . . that the earls and barons in parliament were the onely judges in that age in parliament between the king and his nobles , subjects , both in criminal and other causes there decided . . that peers in that age were onely tryed and judged by their peers , for treason and capitall offences . . that appeals of treason were then tryed in parliament , and the earls and barons the sole judges of them , and of what offences were treason and what not . . that the bishops and clergy in that age had no votes in matters of treason and capitall offences . . that the judgement of parliament then rested properly in the earls and barons , not the king : and that their judgement was not repealable by , but obligatory to the king himself . . that no subject could then by law wage battel against the king in an appeal . . that the murther of prince alfred , then heir to the crown , in the time of harold an actuall king by usurpation without any good title , by his command , was reputed a treasonable offence in earl godwin , for which he forfeited his lands , and was forced to purchase his pardon and lands restitution with a great fine and summe to the king. . that though the author of the chronicle of bromton ( & caxton out of him ) stile this assembly parliamentum , a parliament , not a council , yet it is onely according to the style of the age wherein he writ ( being in the reign of king edward the third ) as r mr. selden proves , not according to the dialect of the age wherein it was held ; to which the term parliamentum was a meer stranger , and concilium magnum , &c. the usual name expressing such assemblies . s king edward , anno . immediately after his coronation came suddenly from glocester to winchester , attended with earl godwin , siward and leofric , and by their advice forcibly took from his mother queen emma , all her gold , silver , jewels , and precious stones , and whatever rich things else she possessed , commanding onely necessaries to be administred to her there . the cause of which unjust act , some affirm to be godwins malice towards her ; others affirm it to be , her unnaturalnesse to king ethelred her first husband , and her own sons by him , alfred and edward ; in loving and marrying cnute their enemy and supplanter , when living , and applauding him when dead , more then ethelred . in advancing harde-cnute her son by him to the crown , and endeavouring to deprive alfred & edward thereof . in refusing to give any thing toward prince edw : his maintenance whiles in exile and distresse , although he oft requested her to supply his necessities . in having some hand in the murther of prince alfred , and endeavouring to poyson king edward himself , as the chronicle of bromton relates . after which , by the instigation of robert archbishop of canterbury , a norman born , he againe spoiled her of all she had , and shut her up prisoner in the abbey of werwel , upon suspition of incontinency with alwin bishop of winchester , from which false imputation she purged her self and the bishop , by passing barefoot over nine red hot ploughshares without any harm . whereupon the king craved mercy and pardon from her for the infamy and injury done unto her ; for which he was disciplined and whipped by his mother , and all the bishops there present . anno . t there was generale concilium celebratun , a general council held at london , wherein wolmar was elected abbot of evesham . and this year king edward de communi concilio procerum suorum , as bromton and others write ( most likely when assembled in the council at london ) married edith daughter of earl godwin in patrocinium regni sui , he being the most potent man in all the realm ; there being in her breast a magazine of all liberall vertues . and this same year ( most probable by this same councils edict ) gunilda , a noble matron , king cnute's sisters daughter , with her two sons hemming and thurkell , were banished out of england into flanders , from whence after a little stay they departed into denmark : ( v ) king edward in the year . assembled together to the port of sandwich a very numerous and strong navy , against magnus king of norway , purposing to invade engl. but swane king of denmark then warring upon him , hindered his voyage for england . the next year . osgodus clapa was banished out of england . x swane king of denmark anno . sent ambassadours to king edward , desiring him to send a navy to him against magnus king of norway . hereupon earl godwin counselled the king , to send him at least fifty ships furnished with souldiers : sed quia leofrico comiti , et omni populo id non videbatur consilium , & caeteri proceres dissuaserunt , nullum ei mittere voluit . but because that council seemed not good to earl leofric and all the people , and the rest of the nobles disswaded him from it , he would send no ships to him . magnus furnished with a great navy fought with swane , and after a great slaughter on both sides , expelled him out of denmark , reigned in it , and compelled the danes to pay him a great tribute : y harold harvager king of norwey , anno . sent ambassadours to king edward , offering peace and friendship to him , which he embraced . also swane king of denmark sent other ambassadours to him this year , requesting a naval assistance of ships from him . but although earl godwin was willing , that at least fifty ships should be sent him , yet none were sent , because earl leofric , omnisque populus uno ore contradixerunt , and all the people contradicted it with one voice . z abbot ingulphus records , that wulgat abbot of s. pega , whose abbey was quite destroyed and burnt to the ground by the danes , had a long suit in the kings court with three abbots of burgh , concerning the seat of his abbey , especially with abbot leofric , with whom he most strongly contended : sed regis curia nimium fav ●nte potentiori , & contra pauperem sententiante , tandem sedem monasterii sui perdidit . tanta fuit abbatis leofrici pecunia : tanta comitis godwini potentia , which he thus repeats . illo in tempore venerabilis pater wulgatus abbas pegelandiae diuti●simam calumniam passus ab abbatibus burgi , elfrico , arwino & leofrico , abbatiae suae sedem amittens tandem succubuit , & ( proh nefas ! ) totum situm monasterii sui judicio regalis curiae perdidit . tantum tunc potuit super iustitiam pecunia , contra veritatem versutia , & in curia regis hardecnuti godwini potentia . after which he addes , that in the year . when the said abbot wulgat having lost the site of his monastery , had laid the foundation of a new monastery in his manor of northburt , next adjoyning to the old , intending to translate his abbey thither , and diligently laboured to reedifie a church , dormitory , with other claustral offices there , being assisted with the alms of many believers , ferno●us , a kt. ld. of bosworth , openly shewd out of the abbots own writings , that the said manour of northburt was given by his progenitors to the monastery of s. pega and to the monks there serving god , whence by consequence he al●edged , that seeing abbot wulgat and his monks did not serve god and s. pega from th●t time forwards in that place ( where the old monastery stood ) that they ought not from henceforth to enjoy the said manour . acceptatum est hoc a regis justitiario , et confestim adjudicatum est dictum manerium de northburt cum omnibus suis pertinentiis praedicto militi fernoto , & tanquam jus suum haereditariū , de monachis ecclesiae sanctae pegae , alienatū perpetuo & sublatum . quod tum per universum regnum citius fuisset cognitum , scilicet abbatum de peikirk , prius amisisse monast●rium suum , & consequenter man●rium ad monasterium quondam pertinens ; similiter edmerus miles & dominus de holbrok calumniam mov●t contra eundem abbatem & monachos suos de manerio suo de maksey ; & horsingus de wathe calumniatus est , & pro manerio suo de bading●ō , & siwardus comes de manerio suo de bernack , & hugolonus thesaurarius de manerio de helieston , & alii plures de aliis mane iis dicto monasterio dudum pertinentibu ; & omnes eadem ratione in dicta causa contra monachos obtinuerunt , & tam de maneriis , quam de monasteri● suo dictus abbas de peibec ac monachi sui nequiter & crud●liter ejecti sunt , ut nunquam alicui veniat damnum solum . cum itaque abbas wulgatus & conventus suus , monachi scilicet , &c sic de monasterio destituti , vagabundi & in proximo dispergendi in omnem ventum pro extrema miseria fluctuarent , misertus eorum piissimus r●x edwardus , omnes in suam curiam suscepit , & usquequo ei● provideret , suam capellam , ac aulam quotidie frequentare imperavit . the abbot of croyland dying soon after , and his pastorall staff by which he was invested , being presented by the prior and two monks to king edward , the king thereupon immediately invested wulgatus in the regiment of the monastery of croyland by the delivery of the pastorall staff unto him , seconded with his charter of donation , without any election by the covent . inter praecipua monasteria tunc magno nomine praedicabatur croilandia , tot & tanta in tempore danicae tribulationis in regis curiam semper manu promptissima effuderat donaria et tributa . a multis itaque annis retroactis , nulla electio praelatorum erat mere libera et canonica , sed omnes dignitates tam episcoporum quam abbatum per annulum et baculum regis curia pro sua complacentia conferebat . these proceedings and judgements against the abbot & monks of s. pega and peikirk , were the occasion ( as i conceive ) of this passage in william of malmesb. touching king edwards reign . fuerunt tam●n nonnulla quae gloriam temporum deturbarent . monasteria tunc monachis viduata ; prava judicia a pravis hominibus commissa , &c. sed harum rerum invidiam amatores ipsum ita extenuare conantur : monasteriorum destructio , perversitas judiciorum , non ejus scientia , sed per godwini filiorumque ejus sunt commissa violentiam , qui regis indulgentiam videbant ; postea tamen ad eum delata , acriter eorum exilio vindicata . to which may be referred that story of walter mapaeus , in mr. cambdens britannia , p. . . of earl godwins thrusting the abbesse of berkley and her nunnes out of the monastery of berkley ( which he begged of king edward ) by this wile ; he caused a young nephew of his feigning himself sick , to lie so long in the nunnery till he left the abbesse and all her nunnes great with child : and then complaining of , & proving this their incontinency before the king , ejected the abbesse and nunnes , and gained the nunnery and manour of berkley to himself , worth l . revenue . together with this b godwins cheating the archbishop of canterbury of his manour of boseam in sussex , by a wily word-trap and equivocation , recorded by the same authors . king edward , anno . was so deeply affected and ravished with gods extraordinary mercy towards him , in preserving him like another ioash from the cruelty of the bloody danes , and restoring him beyond expectation to the crown of england , without his seeking , or the least effusion of blood , after sundry years dispossession by the danish intruders , that thereupon , he vowed a solemn pilgrimage to rome , there to render humble thanks and gifts to god for this signall mercy . for diligently having prepared great summes of money to defray his expences , with many rich presents , he assembled all the nobles and prelates of the realm in a parliamentary council , acquainting them with this his vow and intended pilgrimage , and craving their advice , how the realme might be justly governed , preserved in peace , and defended in his absence , till his returne from rome . upon which the nobles after serious consultation , considering the great inconveniences and perils that might be●all the kingdome by his absence , being but newly setled ; and the manifold dangers that might happen to him in so long a journey ; and what new troubles and mishaps might befall the realm , if he should miscarry in the way , having no issue ; would by n● meanes permit him to undertake this pilgrimage , but disswaded him from it ; and by common consent at last agreed to send solemn ambassadours from the king and them to the pope , to represent the inc●nveniences and perils that might b●fall the realm by his absence from it , and thereupon to procure a dispensation from this his vow and pilgrimage . which the ambassadours accordingly representing , the pope thereupon dispensed with the kings vow , upon this condition and firme injunction , that the king should distribute to the poore all the expences he had provided for his journey , and should either build a new , or repaire an old monastery , in honour of s. peter , the prince of the apostles , and endow it with sufficient revenues to maintain the monks ; confirming by his apostolicall authority all the lands or revenues which the king or any other should conferre upon that monastery , and whatever privilidges he would think fit to grant thereunto , pertaining to the honour of god and denouncing an eternall malediction against the infring●rs of them . the ambassadours returning with this dispensation , st. peter revealed to one vlsin a monk and anchorite , that his will was , that the place called westminster ( then lying ruinous ) should be restored : which vision when he had related to the king and his council , rex totius regni consilio , the king by the advice of the whole realme ( assembled in a parliamentary council ) rebuilt the foresaid place , and endowed and enlarged it with very ample possessions , rents and liberties . the passages of this story being very memorable , and pertinent to my discourse , i shall present you with them at large in the words of abbot ailred , who thus records them . d succedentibus prosperis , rex beatus nequaquam sui sponsionis est oblitus , nec in die bonorum , immemor fuit malorum . sed cogitans & recogitans quanta sibi fecerit dominus , qui ditavit egenum , sublimavit humilem , inglorium coronavit , parat reddere vota quae distrinxerunt labia ejus . parat-sumptus , separat donaria , vocatisqu● totius regni primatibus , habuit cum eis hujusmodi , vel de statu regni , vel de sua peregrinatione sermonem . benedictus deus qui magnificavit miseric●rdiam suam facere nobiscum , qui visitavit in virga iniquitates nostras , & in verberibus peccata nostra , pietatem suam non amovit à nobis . ecce quomodo deposuit potentes , & exaltavit humiles ; quom●do esurientes implevit bonis , & divites dimisit inanes . per mo reges regnant , ait ipse , & principes justa discernunt . non excidit â nobis quomodo intrantibus in haereditatem ncstram barbaris , facti sumus opprobrium vicinis nostris , subsannatio & illusio hiis qui in circuitu nostro sunt . aliis namque interfectis , aliis fugatis , aliis jugo ignominiosae servitutis oppressis , ferè nikil honoris , nihil gloriae generi nostro reliquerunt . tandem defuncto patre meo , patribus peremptis , actis in exilium nepotibus cum hostibus nostris in omnibus fortuna faveret , mihi profectò nikil sp●i superesse videbatur . ego verò contra spem in spem credens , & domini misericordiae me totum dedens , peregrinationem meam ad sanctorum apostolorum limina vovi , & d●inceps divinae me protectioni dispositionique commisi . ille autem respexit in orationem mea , & non sprevit precem meam , & abstulit obprobrium meum , & restituit me in regnū patris mei : insuper cumulavit divitiis , auxit gloriâ , donis coelestibus illustravit ; sine sanguine rebelles subegit , hostes subvertit & omnia nostra amabili quadam composuit pace . absit , absit ut tot & tantis ejus ben●ficiis inveniamur ingrati , quin potius de manu inimicorum nostrorum liberati , serviamus illi in justitia & veritate . faci amusque quod ait propheta ; vovete & reddite domino deo vestro . decernite er go me cum , quomodo me peregrinante regnum subsistat anglorum ; qua lege , quapace , quo judice omnia disponantur : quis cui praeferatur regioni , quis castra , quis urbes , quis privata , quis publica negotia procuret . erit enim unus omnibus custos & protector deus , & pacem quam dedit , ipse servabit , nobiscum proficiscens , & vobiscum rimanens , qui & vos custodiat , & me reduca● . ad hanc vocem tota illa multitudo contremuit , & interiorem produnt lachrymis suspiriisque dolorem . jam jamque manus danica timebatur quam ejus meritis evaserant , jamjamque deletum iri totam patriam formidabant . erupit sermo in populum , & ecce clamor , ecce tumultus , & quasi jam saevirent incendia , plena lacrimis insula videbatur . videres pauperes nunc manus extendere ad coelum , nunc rursus in terram ruere , & quasi morituros fame si rex discederet , de sepultura tantum & tumulo cogitare . tunc omnes in commune voci-ferantes in regem , se non deserendos , se non exponendos gladiis , patriam hostibus non prodendam , nec demittendū paces obsidē quim dio dante receperant , nec pro uno , ut putabatur , bone tot admittenda pericula allegabant . imperant pontifices , rogant proceres , plebs extorquet , ut si non omittendū iter istud censuerit , censeat vel dieferendum . tunc ille tot lacrimis , tot vocibus , tot precibus se urgeri sentiens , diu inter pietatem & desiderium fluctuabat ; quia & voto supersedere periculosum , & tantorum precibus fletibusque non cedere , inhumanum arbitrabatur . tandem quod aptius esset deo scire desiderans , peregrinationem non quidem dimittendam sed differendam interim consultius aestimabat , donec apostolicae auctoritatis consilio & voluntate consulta , ex ejus sententia , aut votum redimeret aut impleret . his auditis , tanta fuit omnibus divitibus pauperibusque laetitia , ut edwardum suum rursus sibi redditum , rursus revocatum exilio aestimarent . agit unusquisque pro gradu suo , pro officio suo , pro facultate sua , ut regem dilationis non toedeat , aliis orationes , elemosinas aliis , suam etiam pro eo peregrinationem nonnullis promittentibus . dirigendi mox ad sedem apostolicam eliguntur legati , archi●piscopus eh●racensis a●lredus , episcopus wint●●iensis hermannus , abbates praeterea duo spectatae religionis , cum pluribus aliis tam clericis quam laicis . parantur interim necessaria , sucseptoque à rege mandato ad urbē proficiscuntur . credendum dei actum providentiâ ut regii responsales congregatam ibi synodum maximam reperirent , in qua praesidente beatae recordationis papa leone , de negotiis ecclesiasticis tractabatur . gaudet in eorum adventu illa sanctorum praeclara societas , & quasi sibi missum de caelo solatium tantorum patrum praesentiam susceperunt ; magnum dei munus judicantes , quod à finibus terrae tales viri tali tempore tali conventui occurrissent . igitur patre beatissimo praecipiente nuncii causam pro qua venerant dicturi procedūt in mediū , patribus qui assidebant praebentibus cum summa devotione silentium . exponunt desiderium regis , et regni periculum , dispendium pacis , clamorem pauperum , lacrimas orphanorum ; o●ductam etiam necdum recentis plagae cicatricem asserebant , quae danica rab●e anglis inflicta , si rex decederet , acrior timebatur . silentibus nunciis sonuit in ore omnium gratiarum actio & vox laudis . praedicatur circa deum regis , circa regem plebis devotio , mirantur mansuetudinem david , prudentiam joseph , divitias solomonis in tali principe convenisse . tandem summo pontifice dictante sententiam , omnes in commune decernunt , pro pace regni , pro utilitate ecclesiae , pro necessitate pauperum , & quiete monasteriorum , regem auctoritate dei & beati petri , praesentis etiam sacratissimae synodi , à voti hujus vinculo solempniter absolvendum , expensas paratas itineri pa●peribus erogandas ; in voti recompensatione construendū in honorē beati petri regiis copiis monasterium , vel aliquod destructum à barbaris reparandum . exhinc legatarii oblatis muneribus quae sanctorum eccles●is rex sanctus direxerat , accepta benedictione pontif●cis cum literis a postolicis laeti repatriant : transvectique in insulam in conspectu concilii , quod propter hoc ipsum regia potestas coegerat ; epistolam tradiderunt . leo episcopus servus servorum d●i , dilecto filio edwardo anglorum regi salutem & apostolicam benedictionem . quoniam voluntatem tuam laudabilem & deo gratam agnovimus , gratias agimus & ei per quem reges regnant , & principes justa odecernunt . sed quia prope est dominus in omni loco omnibus invocantibus eum in veritate , & sancti apostoli cum suo capite conjuncti unus spiritus sunt , & pias preces aequaliter audiunt ; el quia constat periclitari regionem anglicanam ex tua discessione qui fraeno justitiae tuae seditiosos ejus motus cohibes . ex auctoritate dei & sanctorum apostolorum & sanctae synodi absolvimus te à peccato illius voti pro quo dei offensam times , & ab omnibus negligentiis & iniquitatibus tuis ; ●a nimirum potestate usi quam deminus in beato petro concessit nobis , dicens , quaecunque solveritis super terram , soluta erant in coelis . deinde praecipimus tibi sub nomine sancta obedientiae & poenitentiae , ut expensas quas ad iter istud paravaras , pauperibus eroges & coenobium monachorū in hono●e sancti petri apostolorū principis aut novum construas , aut vetustum augeas & emendes , & sufficientiā victualium fratribus de tuis redditibus constituas , quatenus dum illi assidue inibi deum laudaverint , & sanctis augeatur gloria , & tibi indulgentia : cui loco quicquid contul●ris vel collatum est , vel conferetur , ut ratum sit apostolica authoritate praecipimus , & ut semper habitatio monachorum sit , & nulli laitae personae nisi regi subdatur . et quaecunque privilegia ibi constituere volueris ad honorem dei pertinentia , concedimus , & robustissima auctoritate confirmamus , & infractores corum aeterna maledictione dampnamus . after which abbot ailred at large relates the vision of the anchorite in worcester-shire , and s. peters command to him therein , to eminent king edward in discharge of his vow , to repaire and endow the abbey of westminster , which he signified in a letter sent by him to the king , delivered and read in the council the very same day the popes letter was read . ea igitur die , loco co●ē , ineodemconcilio quo legati redeuntes ab urb● , apostolicum retulere mandatum , epistola etiam viri dei regi praesentata profertur in medium . lectoque sancti papae leonis rescripto , loco sequenti beati senis apices recitantur , &c. tunc rex laetus & alacer , ut ei fuerat constitutum , pecuniam quam in poregrinationis suae solatium procuraverat , dispersit & dedit pauperibus , operique injuncto intendens animum thesauros ●ffudit . when he had fully rebuilt and finished this monastery , he sent aeldred archb. of york , guiso bishop of wells , and walter bish . of herefo●d again to rome to pope nicholas , with a letter and peter pence , and royall presents , desiring his absolution from his former vow , and confirmation of the liberties and priviledges of the abby of westminster , and the lands conferred on it ; who thereupon granted to this abbey . vt amplius in perpetuum regiae constitutionis & consecrationis locus sit , atque repositorium regalium insignium , & habitatio perpetua monachorum , qui nulli omnino personae nisi regi subdantur , habeantque potestatem secundum regulam sancti benedicti per successores eligere idoneos abbates , &c. absolving and exempting the abby from all episcopal service , exaction , dominion & jurisdictior , ratifying all their lands and liberties , d●nouncing a perpetuall anathema against the invaders , diminishers , dispersers , or sellers of them , with judas the traytor . closing his bull and letter thus ; vebis vero , & poste●is vestris regibus committimus advocationem & tuiti●nem ejusdem loci , & omnium totius angliae ecclesiarum , ut vice nostra cum concilio episcoporum et abbatum , constituas ubique quae just a sunt . scientes per hoc vos recepturos dignam merced●m ab eo , cujus regnum & imperium non desinet nec minuetur in seculum . the kings and popes letters are at large recorded by ailred , who addes , lectis igitur a●ostolicae majestatis apicibus , exultavit in gaudio rex beatissimus , omnique solicitudine quam ex voti obligatione contrax●rat exuitur , cunctaque regni negotia ducibus proceribus que committens , totum se divinis mancipabat obsequiis . f k. edw : after these two embassiies to rome , by three severall charters ( wherein he recites these embassies , the popes letters in answer to them , and the vision aforesaid ) cum totius regni electione : & cum consilio et decreto archiepiscoporum , episcoporum , comitum , aliorumque meorum optimatum prospiciens ( assembled in a great parliamentary council for that purpose ) granted and confirmed sundry lands and priviledges to this abby of westm . which all the prelates confirmed , not onely with their subscriptions and the sign of the crosse , but likewise with a solemn excommunication : in the first of which charters there is this memorable recital agreeing with abbot ailreds relation . g edwardus dei gratia anglorum rex , &c. scire vos volo , quoniam tempore avorum meorum , patrisque mei , multa & gravia bellorum pericula afflixerunt gentem anglorum , & ipsos tam â suis , quàm ab extraneis concitata ; adeo ut penè periclitata sit haereditaria regum successio , magnumque interstitium inter fratrem meum edmundum , qui patri meo mortuo successit , meque habitum sit , invadentibus regnum swegeno & cnutho filio ejus , regibus danorum , ac filiis ipsius cnuthi , haroldo & harde-cnutho ; à quibus & alter meus frater alfredus crudeliter est occisus , solusque , sicut joas occisionem otholiae , sic ego crudelitatem eorum evasi . tandem respectu misericordiae dei , post plures annos ego edwardus ad paternum solum reaccessi , et eo potitus sine ullo bellorum labore , sicut amabilis deo solomon , tantâ pace & rerum opulentiâ abundavi , ut nullus antecedentium regum similis mei fuerit in gloria & divitiis . sed gratia dei , non me , ut assolet , ex opulentia & superbia contemptus invasit ; immo coepi cogitare cujus dono & auxilio ad regni culmen evasi , quoniam dei est regnum , & cui vult dare illud ; & quia mundus transit & concupiscentia ejus , qui autem totum se subdit deo , feliciter regnat , & perpetualiter dives est : itaque deliberavi me ire ad lumina subliminum apostolorum petri & pauli , & ibi gratias agere pro collatis beneficiis , & exorare ut eam pacem firmaret deus perpetuam mihi & posteris meis . praeparevi ergo & denumeravi expensas necessarias itineri ; & honorabilia dona quae ferrem sanctis apostolis . sed gravius super re maeror habebat optimates meos , utpote memores malorū quae sub aliis regibus pertulerant , ne tanto domino , et pro patriae rege absente regnū noviter sedatum aliqua turbaretur hostilitate , & metuentes id quod sanctus ezechias , ne si forte in via aut aegritudine , aut alio incommodo deficerem , haereditariis rrgibus carerent , maxime quia nullum habebam filium . itaque communi habito concilio , rogabant me ut ab intentione desisterem , pollicentes se satisfactur●s deo pro voto meo , tam in missarum & orationū oblatione , quā in larga eleemosynarū distributione . sed cum obnixè contradicerem , tanden utrisque placuit , ut mitterentur legati duo ab utraque patre , eldredus & hereman●us episcopi , & abbates wulfricus & eswynus , qui apostolo meā voluntatē & votum , & illorum petitionem indicarent , & secundum ejus sententiam quam mihi mandaret promisi me omnia facturum . factum est ergo quod volumus , & venientes romam legati nostri ex voluntate dei , invenerunt collectam synodum in eadem urbe ; cumque exposuissent meam voluntasem & suam petitionem coram ducentis & quinquaginta episcopis & alia multitudine sanctorum patrum , tunc apostolicus ex consilio sanctae synodi hanc epistolam scripsit . leo , &c. haec & alia apostolica mandata cum referrent nobis legati , interea revelavit beatus petrus , &c , voluntatem suam esse , ut restituerem locum , qui dcitur westmonasterium , &c. cumque mihi hanc visionem meisque retulisset , & apostolicae literae aequalia praecepta detul●ssent ; contuli voluntatem meam cum voluntate dei & totius regni electione , dedi me ad restructionē ejusdem loci . itaque decimari praecepi omnem substantiam meam , tam in auro & argento quàm in pecudibus & omni genere possessionum , & destruens veterem , novam à fundamento basilicam construxi . from which passages and charters ( which i have coupled all together for their coherence in matter , though differing somewhat in time ) i shall observe , . that parliamentary great councils in that age , were summoned by the king upon all extraordinary occasions . . that the prelates , nobles , and barons of the realm were the onely members of the great parliamentary councils ( summoned onely by the kings writs ) without any knights or burgesses that we read of elected by the people . . that the kings of engl. in that age could not depart out of the realm ( no not to pay their solemn vows to god ) nor appoint vice-royes , guardians , officers , judges , commanders , to govern or defend the realm in their absence , without the advice and consent of their nobles , in parliamentary councils : nor yet endow monasteries with any crown-lands , or royal priviledges by their charters , unless by consent and confirmation of their nobles and themselves in parliament . . that the nobles and grand councils of engl. had then a negative voyce , not onely to conclude against the king in his resolutions and intentions , but even in his sacred and religious vows , when prejudicial , dangerous & mischievous to the realm , the publick peace & safety . . that kings ought to submit to the just petitions , advice & desires of their nobles , councils and people , in all things which concern their safety & tranquil●ity , though contrary not only to their private resolutions , but vows . . that the nobles and subjects of that age were very zealous both of the safety of their kings persons , the kingdoms peace and security , and the hereditary succession of the crown . . that the kings absence out of the realm , or death , without any hereditary issue or heir , is exceeding perillous and mischievous to the realm , yea the cause of many seditions , tumults , perturbations and ruins . . that the sacred vows of kings prejudicial to the realm may and ought to be violated and dispensed with ; and that by the resolution of two popes , three roman synods , and two parliamentary councils . . that god doth many times not onely preserve the right heirs to the crown from the hands of bloody tyrants and usurpers who seek their life , but likewise miraculously and unexpectedly restore them to the crown again without war or bloodshed , after many years seclusion from it by intruding armed usurpers , as he did k. edw. here after years invasion of his right , aurelius ambrosius after years long before . . that right heirs to the crown , when so miraculously restored and reinthroned in their kingdomes , ought to be extraordinarily affected with , and thankful , bountiful and devout to god for it , and their subjects likewise , both in words and deeds ; as king edward his nobles and subjects were . h king henry the emperour , an. . ( when the forementioned parliamentary council was held about the kings pilgrimage and embassy to rome ) warring upon baldwin earl of flanders , for burning his palace , sent to king edward , intreating him not to suffer baldwin to escape , in case he should flie to sea . whereupon the king went with a great fleet to sandwich , which he there continued so long till the emperour received from baldwin whatever he desired . henry huntindon and the chronicle of bromton relate , that two princes of the danes , lothin and hirling the yeare before , having there taken an inestimable booty , and great store of gold and silver , they sailed by sea about the coast of essex . pillaged it , and sailing thence into flanders , there sold their prizes , and returned from whence they came . which probably occasioned the kings drawing his fleet this year unto sandwich , for defence of the coast , as well as the emperours embassy . whiles the kings fleet lay at sandwich , swane earl godwins son ( who formerly fled into denmark , because he could not marry abbesse elgina , whom he had defloured ) teturning into england with eight ships , gave out in speeches , that he would from henceforth faithfully remain with the king. whereupon earl beorn promised him to procure from the king that his earldome should be restored to him . the emperour and earl baldwin being agreed , earl godwin and beorne by the kings license sailed to pemeuse with ships , the rest of the navy the king discharged and sent home , retaining onely a few ships with him . but being soon after informed , that osgad clapa ( whom he had banished ) lay in vlve with . ships , he recalled as many of the dismissed ships as he could , to encounter him . osgad having received his wife , sailed with of his ships into denmark , the other ships sailed towards essex , having taken a great booty about the promontory of edelfe , they were all cast away in a great storm , but two , w ch were taken in the parts beyond the sea , & all the men in them put to the sword . in the mean time swane dealt very deceitfully with earle beorne , intreating him to go with him to sandwich to make his peace with the king ; who considering his consanguinity , went to him attended onely with three men . swane treacherously sending him to bosenham where his ships rode at anchor , carried him on ship-board , bound him in chains , and at last slew and cast him into a pit . after which two of his ships being taken by those of hastings and brought to the king at sandwich , and more of his ships being dismissed , he sailed with two ships onely into ireland , till ailred bish . of worcest . reduced and reconciled him unto the king. the same year in the moneth of aug. the irish pirats with ships arriving in the mouth of severn by the help of griffin king of southwales , burnt and pillaged many villages , and put the inhabitants to the sword ; against whom ailred bish . of worcest . with few of the inhabitants of worcester and hereford speedily marched ; but the welshmen amongst them , who had promised fidelity to them , sending presently to their k. griffin , & intreating him with all possible speed to fall upon the english ; thereupon he and the irish pirats assaulting the english unexpectedly early in the morning , slew many of them , and routed the rest . king edward in the year . released the english , from the heavy tribute or danegeld , which florentius wigorniensis , and simeon dunelmensis , thus expresse . rex edvardus absolvit anglos a gravi vectigali . . anno , ex quo pater ejus rex athelredus danicos solidarios solvi mandavit &c. quod eis pater suus propter danicos solidarios imposuerat , as i brompton renders it in another place ; roger de hunedon annalium pars . p. . rodolphus de d●ceto abbreviatione chronicorum . col . . use the same words . ailredus abbas rievallis , de vita & miraculis edwardi confessoris col. . thus relates it . insuper & tributum illud gravissimum , quod tempore patris sui pr●mo classi danicae pendebatur postmodum vero fisco regio annis singulis inferebatur , regia liberalitate remisit , et ab onere hoc importabilt in perpe●uum angliam absolvit . vnde sancto huic regi non inconvenienter aptatur quod scriptum est ; beatus vir qui inventus sine macula , & qui post aurum non abiit , nec speravit in pecuniae thesauris . post aurum non abiit , quod potius dispersit , nec speravit in thesauris , quos in dei opere non tam minuit quam consumpsit . t matthew westminster records it in these words , anno gratiae . rex edwardus , a vectigali gravissimo angl●s absolvit , quod patre vivente , danicis stipendiariis , triginto octo millia librarum solvi consuevit . henry de knighton , de eventibus angliae . l. . c. . fol. . . and higden in his polychronicon . lib. . c. . f. . thus relate it : rex edvardus absolvit anglos a gravi tributo quod patur ejus ethelredus danicis solidariis solvi fecerat , & jam per . annos duraverat ; which fabian in his cronicle , part . c. . p. . graston in his cronicle . p. . speed in his history . p. . holinshead and others thus expresse . this king enward discharged english men of the great and most heavy tribute called danegeld , which his father ethelred had made them pay to the souldiers of denmark , and had then dured . years , so that after that day it was no more gathered . abbot iuguphus . historiae pag. . thus records it more at large . eodem etiam anno . cum terra non daret solitâ fertilitate fructus suos , sed fames plurimos habitatores devoraret , in tantum ut bladuum carentia , & panis inopia multa hominum millia morierentur , miserecordiâ motus super populum pi●ssimus rex edwardus , tribufum , gravis●mum , quod danigelo dicebafur omni angliae in perpetuum relaxavit , ferunt quidam , regem sanctissimum , cum dictum danigeld cublcularii sui collectum in regis cameram infudissent , & ad videndum tanti thesauri cumulum ipsum adduxissent , ad primum aspectum exhorruisse , protestantem , se daemonem super acervum pecuniae saltantem & nimio gaudio exultantem prospexisse ; unde pristinis possessoribus jussit statim reddere , & de tam fera exactione ne jota unum voluit retinere , quin in perpetuum remisit , anno scilicet . ex quo tempore regis ethelredi , patris sui suanus , rex danorum suo exercitui illud solvi singulis annis imperavit . this history of the devils dancing upon this mony , is thus more fully related by roger de honeden : annalinm pars prior pag. . item de eodem rege edvardo quadam die contigit quod cum praedistus rex anglorum edwardus ( regninâ & comite haraldo deducentibus ) aerarium suum intravit ut pecuniam videret magnam , quam regina & comes haraldus , rege ipso ●nesciente , colligissent ad opus regis ( scilicet per singulos comitatus totius angliae : de unaquaque hida terrae quatuor , denarios , ut rex inde , contra natale domini pannos emeret ad opus militum & , servientium suorum ) cumque rex intrasset aerarium suum , comitantibus regnia , & comite haraldo , videt diabolum sedentem inter denarios illos : & ait illi rex , quid hic facis ? cui daemon respondit : custodio hic pecuniam meam ; & dixit rex , conjuro te per patrem & filium & spiritum sanctum , ut indices mihi , quamobrem pecunia ista iua est ? & respondens dixit ei daemon , quia injuste accquisita est de substantia pauperum . illi autem qui illum comitabantur stabant stupefacti , audientes quidem illos loquentes , neminem autem videntes praeter solum regem : & ait illis rex , reddite denarios istos illis a quibus capti sunt , & fecerunt sicut praecepit illis rex : which is likewise remembred by capgrave , surius , ribadeniera , and others in the life of king edward the confessor . from all which relations compared together , it is apparent . first , that dangeld was a great , most heavy , and intolerable tribute , first imposed in king ethelreds reign , to pay the danish navy , and souldiers then invading england , to keep them from plundering , and spoiling the people . . that king swane the invading and usurping dane , after he had gotten the power of this realm , imposed it annualy on the english , and made it any early tribute to pay his army . . that the danish succeding kings continued , and made it a kind of annual revenue to cloath , and pay their souldiers and marriners , for sundry years together . . that it was yearly paid unto the kings exchequer , and reduced to a certainty , to wit , four pence a year , out of every hide , or plough land , thorowout england , or else twelve pence or two shilings a year ; as the laws of edward the confessor : the black book of the exchequ●r ; and sir henry spelman in his glossary ▪ title danegold , affirms . . that king edwards officers after the danish kings expired reignes , did collect it of the english subjects , without his privitie , to cloath , and pay his souldiers and followers . . that he out of mercy , piety , conscience and justice to his people ; not only restored it to them , when collected , and brought into his exchequer , without retaining one farthing of it , but likewife for ever released it to them , so that it was no more collected , during his reign . . that taxes unjustly leavied upon the poor oppressed people , are very pleasing and acceptable to the devill himself , who claimes the money so collected for his own ; and that the collectors , and exacters of such taxes , ( though for the payment of armies and souldiers ) are really , but the devils agents , and instruments , who will one day pay them their deserved wages . . that heavy oppressions and taxes ( though for pretended publike necessities ) continued for many years together , ought not onely to be eternally remitted , but restored , when collected , by all conscientious , pious , righteous , mercifull , saintlike kings , and governours . . that illegall heavy taxes imposed by , or for invading usurpers , if once submitted to , and not strongly opposed by the generality of the people , wil soon be claymed , & leavied as a customary , early legall revennue ; both by the imposors , and their successors , and hardly be laid down and discontinued again for the peoples ease . . that this tax of danegeld amounting but to thirty eight or fourty thousand pounds in one whole year , was in truth , an heavy , and intolerable burden , and grievous oppression to the whole nation , fit to be abolished , and released especially in times of dearth and scarcity ; therefore certainly our late illegal taxes , without authority of a free and legall parliament , amounting to . . or . li. monthly , when lowest ; besids excises , customes , imposts , amounting to twice as much more , must certainly be far more grievous & intollerable to the nation , and so not onely to be remitted , abandoned , excluded , but accounted for , and restored to our exhausted , oppressed nation , by all those governours , who pretend themselves saints of the highest forme , and men ruling in the fear of god ; against whom this st. edward the confessor , will rise up in judgement , if they imitate not his just and saintlike president therein . all which considerations i recommend , to their own , and their collecters , excisers sadest considerations to meditate seriously upon for the peoples ease . x william of malmsburies records of this king edward , that he was in exactionibus vectigalium parcus , quippe qui & exactores execraretur . till we may be able really to record the like of our new governours , and princes over us , we shall never be either a free , a peaceable , or happy people , nor they worthy of the name of saints or confessors in any english annals , or kalenders . m he addes , that king edward with the touch of his hand , did miraculously cure sundry persons of the luxuriant humours and swellings about the neck , ( commonly called the kings evill ) wh●ch cure in after ages some falsly ascribed , non ex sanctitate , sed ex regalis prosapiae haereditate fluxisse , not to have issued from his sanctitie , but from his hereditary royall bloud . if his sanctity in releasing ▪ and restoring the formentioned insupportable tributes of danegeld , shall now cure the hereditary kings , and our new republiques long continued evill , and malady of intolerable tributes , contributions , and excises in this age , we shall register it to posterity for as great a miracle , as his first care of the evill kings only , by his touching of it with his royall sacred hand . n king edward about the year . calling out of normandy , certain normans , qui olim pauoislis beneficiis inopiam exulis suppleverant , who had there releived , and supplied his want , during his exile , to reward them for their benefits , advanced them to places of extraordinary honour and trust about him ; amongst others , he promoted robert gemeticensis a monk to the bishoprick of london , & then to the archbishoprick of canterbury , william to be his chaplain first , and afterwards bishop of london , and another to the bishoprick of dorchester , which jugulphus thus expresseth . rex autem edwardus natus in anglia , sed nutritus in normania , & diutissime immoratus penè in gallicum transierat ; adducens & attrahens de normānia plurimos , quos variis dignitatibus promotos in immensum exaltabat . proecipuus inter eos erat , robertus monachus &c. coepit ergò totâ terrâ sub rege & sub aliis normannis introductis , anglicos ritus diminui , & francorū mores in mult is imitari : gallicum idioma omnes magnates in suis curiis tanquam magnam gentilitium loquiz chartas & chyrographa sua more francium confici , & propriam consuetudinem in his , & in aliis multis erubescere . thereupon earle godwin and his sons being men of high spirits , & auctores , & tutores regni edvardi , were very angry , and discontented , quod novos homines & advenas sibi preferri viderent , because they saw these new upstarts and strangers preferred before them ; yet they never uttered a high word against the king , whom they had once advanced . upon this occasion , anno . there arose great discords between the english , and these normans , quod angli aspernantèr ferant superiorem , normani nequeant pati parem . * henry huntingdon records : that these normnans accused godwin , and swaine and harold his sonnes to the king , that they went about to betray him ; wherupon the king calling them into question for it , they refused to appear without hostages for their safety , upon which the king banished them . but william of malmsbury , roger de hoveden , matthew westminster , florentius wigorniensis , simeon dunelmensis , bromton , hygden , henry de knighton , fabram , graston , holmshed , speed , and the o general stream of our historians , relating the businesse more fully , make this the originall cause of the difference between them , and of the exile of godwin and his sons . eustace earle of boloyn , who had wedded king edwards sister ariving at dover in the moneth of september , . one of his knights seeking lodging , unjustly slew one of the townsmen , whereupon the townsmen slew him . the earle and his followers being enraged thereat , slew divers men and women of the town , and trode their children under their own , & horses feet . the burgesses upon this assembling togetherto resist them , after a fe●rce encounter , put the earle and his followers to flight , slew eighteen or twenty of them in the pursute , and wounded many more ; so that the earle escaped only with one of his followers to the king , then at glocester ; where he grievously incensed the king against the englishmen , by reason of this tumult , which he and his followers occasioned . whereupon earle godwin being much incensed at the slaughter of his men , in the burrowgh of dover , he and his sons assembled a great armie out of all the towns and countries subject to them . the king sending for godwin to the court , charged him with his host , to avenge the wrong done to eustace , and to punish the insolency of the men of dover , which the king exceedingly aggravated . but godwin , a man of sharp wit , and wel understanding , that sentence ought not to be pronounced upon the hearing of the allegations of one part only without hearing the other , refused to march with his army against the burgesses of dover , although the king commanded him ; both because he envied , that all aliens should find such extraordinary favour with the king , and because he would shew friendship to his own countreymen . whereupon he answered , it were reasonable and just , that before any execution done , the the wardeins of dover castle , should be summoned into that kings court , in a fair manner , to answer this tumult ; and if they could excuse themselves , that then they should be dismissed without harms ; or if not , that then they should satisfy the king , whose peace they had broken , and the earl whom they had offended , with money , or the forfeiture of their bodies and goods . iniquum videri , ut quos tutari debeas , eos ipse potissimum inauditos adjudices . and so godwin depa●ted at that time , little regarding the kings fury , as being but momentany . quocirca , totius regni proceres fussi glocestriam conventre uf ibi magno conventu res ventilaretur . therefore all the lords of the land were commanded to assemble together at glocester , that this matter might be there debated in a great parliamentary assembly . thither came the most famous earle syward of northumberland , and leofric earle of mercia , omnibus anglorum nobiles , and all the english nobility at that time ; only godwin and his sonnes , who knew themselves suspected , thought it not safe for them to come thither without an armed guard : whereupon they encamped at breverstone with a great host , and there stayed ; giving out a report among the people , that they had therefore gathered an army together out of kent , surry , yorkshire , oxfordshire , glocestershire , somersetshire , herfordshire , essex , notinghamshire and other parts , that they might curbe the welshmen , who meditating tyranny , and rebellion against the king , had fortified a town in herefordshire , where swane , one of the earl godwins sonnes then pretended to keep watch and ward against them . the king hearing that godwin and his sonnes had raised a great army of men out of all these counties upon this false pretext , presently sent messengers to syward , earle of northumberland , and leofric , earle of mercia , to hasten to him , being in great danger , with all the forces they could raise . who repairing to him at the first with small forces , so soon as they knew how the matter went , sending their officers through their countries , together with earle ralph in his countrey , speedily assembled a great army , to assist the king , ready to encounter these enemies , if there were a necessity . in the mean time godwin marching with his army into glocestershire , sent messengers to the king ( as matthew vvestminster , and some others story ) commanding him to deliver up earle eustace , with his companions , & the normans & bonomans , who then held the castls of dover , to him , else he should denounce war against him . to whom the king , being sufficiently furnished with military forces , sent this answer , that he would not deliver up earl eustace , to him ; commanding moreover ; ut qui erercitum contra ipsum collegerat , & sine ejus licentia pacem regni perturbaverat , veniret ad eum die statuta , super hac injuria sibi resonsurus , & juri pariturus ; godwin and his sonnes being accused of a conspiracy against the king , and made odious to the whole court by the vvelshmen and normans ; so that a rumor was spread abroad , that the kings army would assault them in the same place , where they quartered , and were unanimously resolved , and ready to fight with godwins army , ( being much incensed against him , ) if the king would have permitted them . quo accepto godwinus ad conjuratos classicum cecinit , ut ultro domino regi non resisterent ; sed si conuenti fuissent , quin se ulciscerentur loco non cederent , & profecto facinus miserabile , & plus quam civile bellum fuisset , nisi maturiora consilia interessent , writes malmsbury ; but because the best and greatest men of all england , were engaged on the one side and other , it seemed a great unadvisednesse to earl leofric and others , that they should fight a battle , and wage war with their own countrymen : and thereupon they advised , that hostages being given on both sides , the king and godwin should meet at london on a certain day , to plead together ; which counsel being approved of , and meslengers running to and fro between them , hostages being given and received ; and some small agreement made between them at the present ; thereupon the earle returned into vvest-sax , and the king increasing his army , both out of mercia and northumberland , returned with them to london , by agreement between both parties . iterumque ; praeceptum ut londini concilium coageretur : and it was again commanded by the king , that a covncel or parliament , as trevisa , speed and others render it , should be assembled at london . swane the son of godwin was commanded to mitigate the kings anger by his flight ; godwin and harold were ordered to come to this councel , with twelve men only in their company ; and that they should resigne up to the king , the services of all the knights and souldiers which they had thoroughout england . but godwin and his sonnes , as they durst not wage war against the king : so , ad curiam ejus venire juriparituri negabant , they would not come to his court , to put themselves upon a legal tryall ; alleadging , that they would not goe to a conventicle of factious persons , without pledges and hostages ; that they would obey their lord in the surrender of all their knights services , and in all things else , without the perill of their honour and safety . that if they came thither unarmed , they might fear the losse of life ; if with a few followers , it would be a reproach to their honour . but the king being so resolute in his minde , that he would not recede from what he had resolved by , their intreaties , upon their refusal to come unto his court to justify themselves , her in suo concilio communi curiae suae judicio , by the common judgement of his court , in this parliamentary councel , et omnis exercitus unanimi consensu , and by the unanimous consent of his whole army ( as flo-rence of vvorcester , and his followers subjoyne ) banished godwin himself and his five sons out of england : whereupon prolatum edictum est . a decree & proolamation was then published , that within five dayes they should depart out of england , godwin perceving that his souldiers deserted him some & some for fear of the kings army and displeasure , thereupon he and his wife giva , and his three sonnes , swane , gurth and tosti , with his wife iudith daughter to the earle of flanders , departed presently out of england , by the isle of thanet , into flanders to earle baldwin , with much treasure ; but his other two sonnes , harold and leofric failed by bristol into ireland . moreover the king put away his queen editha for her father godwins sake , thrust her into the abbie of warwel ( or redwel ) without worship , with one maid only to attend her , committing her to the custody of the abbess , his own sister , taking away all her substance , without leaving her so much as one penny , ne scilicet omnibus suis parentibus patriam suspirant bus , sola sterteret in pluma , harolds earldom , and county w●a bestowed on algarus who ruled it nobly , and he with good will resigned it up to harold upon his returne . these things being done , william duke of normandy came to visit the king with a great multitude of normans and souldiers , whom king edward honorably received , and magnificently entertained for a season , carrying him about to all his royal castles and cities , and at last sent back into normandy , with many and great presents bestowed on him and his followers , de successione autem regni spes adhuc aut ment io nulla facta inter eos fuit writes , r iugulphus . king edward ( in parliamento pleno , having in plain or full parliament , as radulphus cestrensis knighton de eventibus angliae . l. . c. . trevisa and others relate , thus banished and outlawed godwin and his sons in which in condition ( as some write ) they continued two ful years . thereupon in the year . harold and leofric by way of reveng , coming out of ireland with such ships and forces as they could there raise , pillaged the western parts of england . infesting the shores with continual robberies , carrying away rich booties , and slaying such as resisted them . then marching from severn into the confines of somsetshire and dorsetshire , they plundered many towns and villages in those parts : against whom a great multitude assembled out of these two counties making head , were incountred and routed by harold , many of their chief officers and others being slain . after which they returning to their ships with great booties , sailed round about by the shore to plimouth . upon this , king edward speedily sent forth forty ships well victualed , and furnished with choice souldiers , commanding them to watch for , and resist the coming and landing of earle godwin , who without their privity coming with a few ships undescerned out of flanders , practised pyracy and pillaged the sea-coasts of kent and sussex , and at last came to the isle of weight , where his two sonnes , harold and leofric , joyning their ships and forces with his , they studiously plotted how they might aveng themselves upon king edward by sea , griffin king of vvales in the mean time ( by their instigation ) de populating herefordshire by land , & slaying many of the countrey people , who resisted him . on the kings part there were about sixty ships assembled together to oppose harold , riding at anchor ; the admirals of which navy were the earls , odo and ralph , the kings kinsmen : neither was the king himself sloathfull in this necessity , lying all night on shipboard , and diligently observing the excursions of these pyrates , executing that by sage counsel , which by reason of age he could not act with his hand . when both navies were drawn near together , and ready to grapple with and encounter each other , a thick fogge and cloud sodainly arising , blinded the eyes of these furiou persons , and restrained the wretched audacity of these mortals , so that they could not encounter each other , godwin with his companions being forced by the winds to returne from whence they came . after which godwin and his sonnes by secret messengers , drew unto their party an innumerable company of the inhabitants of kent , essex , sussex , and surry , and all the mariners of hastings , with many souldiers , and having drawn together a very great army out of those parts , who all promised with one voice , to live and dye with godwin : forbearing all plunder , and depopulation , after they met together , taking only victuals for their army when occasion and necessity required , and alluring all they could to their party , they marched with their forces first to sandwich . which the king hearing of , being then at london , speedily sent messengers to all who had not revolted from him , to come with all speed to his assistance ; who delaying overlong , came not at the time appointed . in the mean while godwin comes up the thames with his navy and army toward london , and pitched his tents in southwark , near the city . king edward , who was then at london , had assembled a great company of armed men together , and no small navy , to pursue godwin and his sonnes , both by sea and land. but because very few with the king or godwin had courage to fight with each other , and the english , whose sonnes , nephews , kinsmen and friends were with godwin and harold , refused to fight against their own parents & kinred of the kings party , thereupon some wise men on both parts , diligently endeavored to make a firme peace and reconciliation between the king and godwin , and commanded the armies and navies to forbear fighting . godwin being aged , and potent both with his favour and tongue to bow the mindes of his auditors , very well purged himself from all the things objected against him . the next morning rex habens cum primaribus suis concilio , the king taking counsel with his nobles , restored godwin , and all his sonnes , ( except swane , who went on pilgrimage barefoot to jerusalem , to expiate the murder of beorne ) together with the queen , his daughter to their former honours ; godwin giving his sonne vv●lnoth , and hake the son of swane , his hostages to the king , for his keeping of the peace and future loyaltie to him ; whom the king immediatly sent into normandy to be kept there . a concord and peace being thus made and ratified , the king and nobles omni populo bonas leges & rectam justitiam promiserunt , promised good laws , and r●ght justice to all the people ; then they banished robert arch-bishop o canterbury , will●am b●shop of london , vlfe bishop of dorchester , and all the other normans , who incensed and gave the king evill counsel against earle godwin , and the english , and had invented unjust laws , and pr●nounced unjust judgements against them , permitting only some few normans ( nominated in our historians ) whom the king loved more than the rest , and who had been faithfull to him , and all the people , to remain in england . not long after , vvilliam bishop of london was for his goodnesse recalled and restored to his bishoprick , but stigand was made archbishop of canterbury , in the place of robert , and osburne , and hugh two normans by birth , leaving their castles here , went to the king of scots , who entertained them , and so the land was freed from these forreign incendiaries . normannos omnes ignominâ notatos prolata sententia in robertum archiepis . ejusque complices quod statum regni conturbarant , animum regis in provinciales agitantes : upon this sentence denounced , robert and others of them presently fled the realme of their own accord , without expecting any actual violence to banish and expell them . from all these memorable historical passages , as we may observe the great unconstancy , vicissitude and changes of earthly princes favours , worldly honours , preferments , and popular favour ; with the great inconveniencies of admitting or advancing forreigners to any places of trust or power under the king or court ; so we may likewise conclude that by the law of that age. . that no engl●sh man ought to be condemned , executed , imprisoned or put to death upon any great mans bare suggestion , no not by the kings own speciall command ( which if given ought to be disobeyed in such cases ) but only by , and after a legall hearing , tryall and conviction of the offence . . that the kings of england were then sworn and obliged , to govern their people by good , just , and wholesome laws , and customes , not by their arbitrary pleasures , powers , or commands . . that the parliamentary councels and nobles in that age , were very carefull to defend and maintain the liberties , rights , good laws and customs of the people , and to prevent , and abolish all unjust laws and encroachments repugnant to them . . that parliamentary councels were then frequently summoned by the king upon all publique emergent occasions , and differences , and to make war and peace , either at home , or in forreign parts . . that the parliamentary councels of that time consisted of the earles , barons , nobles and praelates of the realme , duly summoned to them ; without any mention of knights or burgesses , elected and sent to them by the people , of which there are no presidents in this kings reign . enough to prove modus tenendi parliamentum ( supposed to be made and observed in this age ) a meere cheating imposture of later daies , as in truth it is . . that all delinquents , of what quality soever , justly or unjustly accused , ought to appear and justify themselves before the king and his nobles in their parliamentary councels , without armed guards , forces , tergiversation , or resistance , upon due sūmons to appear before them , by the laws of that time . . that kings and great mens coming to parliamentary councels with armies , strong armed guards , and holding them with power , or under armies , is inconsistent with their liberty & priviledges , and are an occasion of civill wars , disturbances , muchmischief to the nation , as then they proved . . that english peers then were and ought to be tried , banished , judged by their peers , both in parliamentary councels and other courts . . that no english peer ' or freeman could then be lawfully , and judically banished the realme , but in and by sentence and judgement of a parliamentary councel ; for some contempt or offence demeriting such a punishment . . that peers and great men obstinately refusing to submit themselves to the triall and judgement of parliamentary councels , or to appear in them , or the kings courts to justify themselves , without hostages fist given for their securiy ; may justly be sentenced and banished by our parliaments , for such contempts , and affronts to justice . . that the subjects were bound to ayd and assist their kings , as wel against traitors , rebels , pyrates , as against forreign enemies , under our saxon kings . . that forreigners are usually the greatest occasioners , and fomenters of civil wars . that such incendiaries , deserve justly to be banished the nation : and that civill wars between king and subjects , english and english , and their shedding of one anothers blood in such wars , was then deemed most unnatural , odious , execrable ; by all prudent means and councels to be timely and carefully prevented : and not to be begun or undertaken , but by good advice and common consent in great parliamentary councels , upon weighty , urgent , inevitable necessities . . that the abolishing of ill , and enacting of good laws , the removing of ill counsellors and instruments about kings , ordering matters of war and defence by land and sea , and setling of peace , were the antient proper works , businesses , imployments of our saxon parliaments . . that the english freemen have been always apt , forwards , cordially to joyn with such nobles and great men , who are most cordial and active to defend their just liberties , laws , rights , against foreiners , and others who invade them . soon after the forementioned agreement between the king and godwin v king edward ( according to his forementioned promises , to make good laws for all his people ) out of all the former british and saxon laws , by order of his wisemen , compiled an universal common law , for all the people throughout the whole realm , which were called king edwards laws , being so just and equal , and so securing the profit and wealth of all estates , that the people long after , ( as mr : fox and others record ) did rebel against their lords and rulers , to have the same laws again , when suspended , or taken from them , or dis-used : and prescribed this oath to x william the conquerour himself , and every of our kings since , to be solemnly taken at the time of his coronation , for the further ratification , and better inviolable observation of these laws , and perpetuating them to all posterity . y sir , will you grant and keep , and by your oath confirm to the people of england , the laws and customs granted to them by antient kings of england , rightfull men , and devout towards god , & namely the laws and customs , and franchises granted to the clergy , and to the people by the glorious king edward , to your power ? to which the king must answer , i will doe it , before he be anointed or crowned king. now because these laws of king edward ( made by his wisemens counsel and advice ; as this clause , * sapientes caeperunt super hos habere consilium , et constituerunt , in the chapter , de illis qui has leges despexerent , implyes ) are so famous and fundamental , most of our common old laws being founded on , or resulting from them , i shall give you this brief account of them , out of our historians , as most pertinent to my subject matter , and usefull for those of my profession to be informed of ( being generally not so well versed in antiquity , history , and records , as were to be wished , for the honour and lustre of their honourable publike calling , ) pretermiting the grosse forgery and imposture of modus tenendi parliamentum , so much cryed up by * sir edward cooke for its antiquity and authority , as made and observed in edward the confessors reign , when as it is a meer counterfeit treatise , and spurious antiquity , scarce antienter than king richard the . as i have proved in my levellers levelled ; and mr. selden manifests in his titles of honour pars . p. , , to ; yea it s own mentioning the bishop of carlisle ( which bishoprick was not erected til the * year , or . ) the mayors of london , ( which had no * mayor til the year ) and of other cities , with knights and burgesses usual wages , all instituted long after the conquerours reign ; the not mentioning of this modus in any of our records , histories , or judicious antiquaries , and its difference from all the modes and forms of parliaments , and great councils , of that or later ages held in england or ireland , with the many falshoods and absurdities in it , will sufficiently evidence it to every intelligent peruser , to be a late bastard treatise , and no such antient record , as sir edward cooke most confidently averrs it , upon groundless reasons , and bold , false averments , void of truth . which modus , if really made and observed in his reign , and after ages , no doubt our historians would have mentioned it , as well as his laws , of which they give us this following account . y henry de knyghton records ; that king edward after his coronation , consilio baronum , et caeterorum regni , received , established , and confirmed the good laws , which for years lay as it were asleep , among the sleepers , and buried in oblivion these laws are called , the laws of st. edward , not because he had first invented them , but because they being as it were put under a bushel , and laid in oblivion from the time of his grandfather king edgar , he put to his hand , first to sind them out , and then to establish them . z wil. of malmesbury thus writes of these laws : omnes leges ab antiquis regibus , & maximè ab antecessore suo ethelred● , latas sub interminatione regiae mulctae perpetuis temporibus observari praecepit , in quarum custodia , etiam nunc tempore bonorum sub nomine regis edwardi iuratur , non quod ille statuerit , sed observaverit . the author of the antient manuscript chronicle of litchfield , and a mr. selden , out of him , together with b roger hoveden , and c bishop usher , inform us concerning these laws . ex illo die magna autoritate veneratae , et per universum regnum corroboratae & consecratae sunt prae caeteris regni legibus leges regis edwardi ; quae quidem prius inventae & constitutae fuerunt tempore regis edgari , avi sui . veruntatem post mortem ipsius regis edgari , usque ad coronationem s. regis edw. quodcontinet annos predictae leges sopitae sunt , et penitus praetermissae . sed postquam rex edwardus in regno fuit sublimatus , consilio baronum angliae , legem annis sopitam excitavit , excitatam reparavit , reparatam decoravit , decoratam confirmavit , & confirmata vocata est , lex sancti regis edwardi , non quod prius ipse invenisset eam , sed cum praetermissa fuisset , & oblivioni penitus dedita à morte avi sui regis edgari , qui prius inventor ejus fuisse dicitur , usque ad sua tempora , videlicet annis the chronicle of bromton , col . , . gives us this large account of these and our other ancient laws . this holy king edward the confessor , leges communes anglorum genti tempore suo ordinavit , ordained common laws in his time for the english nation , because the laws promulged in former times were over-partial : for dunwallo molmucius first of all set forth laws in britain , whose laws were called molmucine ; sufficiently famous , until the times of king edward ; amongst which he ordained , that the cities and temples of the gods , and the ways leading to them , and the ploughs of husbandmen , should enjoy the privilege of sanctuary . after which marcia queen of the britons , wife of guithelin ( from whom the provinces of the mercians is thought to be denouated ) publish●d a law full of discretion and justice , which is called mercian law. these two laws the historian gildas translated out of the british into the latine tongue ; and so it was afterwards commonly called merchenelaga , that is , the law of the mercians , by which law counties were formerly judged , namely gloucestershire , worcestershire , herefordshire , shropshire , chesshire , staffordshire , warwickshire , and oxfordshire . after these there was superadded a law , written in the saxon or english tongue , by ina king of west-saxons , to which alfred king of the west-saxons afterwards superadded the law , which was stiled west-saxenelega , that is , the law of the west-saxons . by which law in antient times , the southern counties , divided by the river of thames from the rest of england , were judged ; namely kent , sussex , surrey , berkeshire , wiltshire , southampton , somersetshire , dorset and devonshire . at length the danes dominering in the land , a third law sprang up , which was called danelega , that is , the law of the danes ; by which law heretofore the eastern and northern counties were judged , to wit , middlesex , suthfolk , northfolk , herthfordshire , cambridgeshire , huntingdonshire , lincolnshire , nottinghamshire , derbyshire , northamptonshire , leicestershire , buckinghamshire , beddefordshire , and yorkshire , which county of york heretofore contained all northumberland , from the water of humber , to the river of twede , which is the beginning of scotland , and is now divided into six shires . now out of the foresaid three laws , merchenelega , west-saxenelega , and danelega , this king edward set forth one common law , which even to this day is called the law of edward . the like is recorded by hygden in his polychronicon , l. . c. . mr. john fox in his acts and monuments , vol. . p. , . samuel daniel his collection of the history of england , p. . john speed his history of great britain , p. . fabian , h●linshed , caxton , grafton , and others , almost in the self-same words . these laws are no where extant in any manuscripts , or printed authors , as they were originally compiled and digested into one body by him and his barons , but as they were presented upon oath to , and confirmed by king william the conqueror , in the th . year of his reign , of which d ingulphus abbot of croyland , in the close of his history ( to which they are e annexed in some manuscripts ) gives us this account , flourishing in that age . attuli eadem vice mecum de london●is in meum monasterium , leges aequissimi regis edwardi , quas dominus meus inclytus rex willielmus autenticas esse , et perpetuas per totum regnum angliae inviolabiliter tenendas sub paenis , gravissimis proclamarat , et suis insticiariis commendarat , eodem idiomate quo editae ●unt ; ne per ignorantiam contingat , nos vel nostros aliquando in nostrum grave periculum , contraire & offendere ausu temerario , regiam majestatem , ne in ejus censuras rigidissimas improvidum pedem ferre , contentas saepius in eisdem , hoc modo . these laws are partly ecclesiastical , partly civil , recorded by roger de hoveden annalium pars posterior , p. . to , by mr. lambaerd in his archaion , henry de knyghton de eventibus angliae , l. . c. . spelmanni concili . p. . mr. iohn selden , ad eadmerum & notae , & spicelegium , p. . to . mr. iohn fox his acts and monuments , vol. . p. . wherein those who please may peruse them . in these laws it is observable : . that all capital , corporal , pecuniary punishments , fines for criminal offences , and all reliefs , services , and duties to the king , are f reduced to a certainty , not left arbitrary to the king , his lustices , or other officers , for the subjects greater liberty , ease and security . . g that they protect , preserve the possessions , privileges , persons of the church and clergy from all invasion , injury , violence , disturbance , and specially enact , that not only all clerks and clergy men , but all other persons shall enjoy the peace of god and the church , free from all assaults , arrests , and other disturbances whatsoever , both on lords-days , solemn festivals , and other times of publike church meetings , eundo , & subsistendo , & redeundo ; both in going to , continuing at , and returning from the church , and publike duties of gods worship ; or to synods , and chapters , to which they are either summoned , or where they have any business requiring their personal presence ( wherewith the statute of h. . c. . concurs , as to the later clause ) therefore all quakers , anabaptists , and others , who disturb , affront and revile , assault , or abuse our ministers , or their people , ( as many now doe ) in going to , or returning from the church , or whiles they continue in it , as well before or after , as during divine service , sermons , or sacraments there administred , may and ought by the common law o● england , ( confirmed both by confessor and conquerour in their parliamentary councils ) to be duly punished , as breakers of the peace , by all our kings , justices , and ministers of publike iustice , being ratified by magna charta , c. . and the h coronation oaths of all our kings , ( which all our judges , and justices are bound to observe ; ) to keep to god and holy church , to the clergy , and to the people peace and concord entirely , according to their power , ( especially during the publike worship of god in the church , and in going to , tarrying at , and returning from the duties which they owe unto him , both as his creatures and servants ) and to grant , keep , and confirm the laws , customs , and franchises granted by the glorious king edward . . that they i prescribe the due payment of tithes to god and his ministers , as well personal as praedial , under ecclesiastical and temporal penalties , being granted and consented unto a rege , et baronibus et populo . . that the k causes and pleas of the church ought first to be heard & ended in courts and councils before any other , iustitia enim est , ut deus ubique prae cateris honoretur . . that they thus define danegild : danegaldi redditio propter piratas primitus statuta est . patriam enim infestantes vastationi ejus , pro posse suo insistebant . ad eorum quidem insolentiam reprimendam , statutum est danegaldum annuatim reddi , scilicet , duodecim denarios de unaquaque nida totius patriae , ad conducendos eos qui piratarum eruptioni resistendo obviarent . ( to which hoveden , knyghton , lambard , and others subjoyn . ) de hoc quoque danegaldo , omnis ecclesia libera est & quieta , & omnis texra quae in proprio dominico ecclesiae erat , ubicunque jacebat , nihil prorsus in tali redemptione persolvens , quia magis in ecclesiae confidebant orationibus , quam in armorum defensionibus , usque tempora willielmi junioris , qui ruffus vocabatur , donec eodem a baronibus angliae auxilium requirente ad normanniam requirendam & retinendam , de roberto suo fratre cognomine cortehose ierusalem proficiscente , concessum est ei , nonlege sancitum , neque confirmatum , sed hac necessitatis causa , ex unaquaque hida sibi dari quatuor solidos ecclesia non excepta . dum vero collectio census fieret , proclamabat ecclesia , suam reposcens libertatem , sed nil profecit . by which it is apparent , . that this grievous tax of danegeld , was first granted and appointed by a publike law in a parliamentary council , to hire men to resist the eruption of the pyrates and enemies . that it amounted but to d. a year , upon every ploughland . that the church and demesne lands of the church , where ever they lay , were exempted from it , till william rufus his time , who first exacted it from the clergy upon a pretended necessity , and raised it , from d. to s. a ploughland , by grant of the barons , without any law to enact or confirm it , for fear of drawing it into consequence . ly , that these laws thus describe the duty and office of a king ; m the king , because he is the vicar of the highest king , is constituted for this end , that he may rule the earthly kingdom and the lords people , and above all things , that he may reverence his holy church , and defend it from injuries , pluck away evil doers from it , and utterly to destroy and disperse them ; which unless he shall doe , the name of a king agreeth not unto him , the prophet ( pope ) john witnessing , nomen regis perdit , qui quod regis est non faciat ; he loseth the name of a king , who dischargeth not the duty of a king. pepin and charls his son , being not yet kings , but princes under the french king , hearing this definitive sentence , as well truly as prudently pronouneed concerning the name of a king , by william the bastard king of england , foolishly writ to pope john , demanding this question of him ; whether the kings of france ought so to continue , being content only with the name of a king ? who answered ; that it is convenient to call them kings , who do watch over , defend , and govern the church of god and his people , imitating king david the psalmograph saying , he shall not dwell in my house which worketh pride , &c. ( after which it followeth in n mr. fox , and some others , but not in hoveden , and knyghton , ) moreover , the king by his right and by his office , ought to defend and conserve fully and wholly in all ampleness , without diminution , all the lands , honours , dignities , rights and liberties of the crown of his kingdom . and further , to reduce into their pristine state , all such things as have been dispersed , wasted and lost , which appertain to his kingdom . also the whole and universal land , with all i lands about the same in norwey and denmark , be appertaining to the crown of his kingdom , and be of the appurtenances and dignity of the king , making one monarchy , and one kingdom ; which sometimes was called the kingdom of britain , and now the kingdom of england : such bounds and limits as is above said , be appointed and limited to the name of this kingdom , a king , above all things , ought to fear god , to love and observe his commandements , and cause them to be observed through his whole kingdom . he ought also to keep , cherish , maintain and govern the holy church within his kingdom with all integrity and liberty , according to the constitution of his ancestors and predecessors , and to defend the same against all enemies , so that god above all things be honoured , and ever before his eyes . he ought also to set up good laws and customs , such as be wholesom and approved : such as be otherwise , to repeal them , and thrust them out of his kingdom . item , he ought to doe judgement and justice in his kingdom , by the counsel of his realm . all these things ought a king in his own person to do , taking his oath upon the evangelist , swearing in the presence of the whole state of the realm ( as well of the temporalty as of the spiritualty ) before he be crowned of the archbishops and bishops . three servants the king ought to have under his feet as vassals , fleshly lust , avarice , and greedy desire ; whom if he keep under as his seruants and slaves , he shall reign well and honourably in his kingdom . all things are to be done with good advisement and premeditation : and that properly belongeth to a king. for hasty rashness bringeth all things to ruine , according to the saying of the gospel : every kingdom divided in it self shall be desolate , &c. ( a clear evidence that our saxon kings had no arbitrary nor tyrannical power to condemn , banish , imprison , oppresse or tax their subjects in any kinde , against their laws , liberties , properties . ) and thus much touching king edwards laws , qui ob vitae integritatem , regnandi iustitiam & clementiam , legumque sive à se latarum , sive ex veteribus sumptarum , & equitatem , inter sanctos relatus est , as o matthew parker records of him . in the year of christ , . as many , or . as others compute it , that old perjured traytor earl godwin , came to a most soddein , shamefull exemplary death by divine justice , which the p marginal historians thus relate ; and abbot ailred thus prefaceth . inserendum arbitror quomodo godwinum proditionum suarum donatum stipendiis , divini judicii ultrix ira consumpserit , detestandique facinoris quod in regem fratremque ejus cō miserat , populo spectante , ipsam quam meruerat poenam exolverat . this godwin being the kings father-in-law , abusing his simplicity , multa in regno contra jus et fas pro potestate faciebat , did many things in the realm , against law and right , by his power ; and often attempted to incline the kings minde to his injustice . at last his subtilty proceeded so farr , that by fraud , deceit and circumvention , he banished out of the land almost all the kings kinred and friends , whom he had either brought with him , or called out of normandy , as well bishops as clerks , and laymen of other dignities : believing that all things would succeed according to his desires , if the king deprived of all his friends , should make use only of his counsels . but edward dissembling all things , in regard of time , place , and out of religion , addicted himself wholly to divine duties , sometimes predicting , that divine justice would at some time or other revenge so great malice of the earl , and telling godwin himself so much . whereupon on a certain day when the king was celebrating the feast of easter at winchester ( as most , ) or at windsor , ( as some , ) or hodiam ( as others ) relate ; which feast was famous among the people ; the king sitting at his royal table at dinner , the kings cup-bearer ( harold , godwins own son as some record ) bringing the kings cup filled with wine towards the table , striking one of his feet very hard against a stumbling block on the pavement , fell almost to the ground , but his other foot going straight on recovered him again , and set him upright , so that he had no harm , nor shed any of the wine . upon which many discoursing touching this event , and rejoycing that one foot helped the other , earl godwin ( who customarily sate next to the king at table , being his father-in-law ) laughing thereat , said by way of merriment ; here a brother helped a brother , as some ; or , so is a brother helping to a brother , and one assisting another in necessity , as others report his words : to whom the king upon this occasion ironically answering , said ; thus my brother ( alfred ) might have assisted me , had it not been for godwins treachery , who would not permit him . which speech of the kings godwin taking over-grievously , was sore afraid , and with a very pale and sad countenance , replied ; i know o king , i know , it hath been often reported to thee , that i have sought to betray thee ; and that thou o king dost as yet accuse and suspect me concerning the death of thy brother alfred ; neither yet doest thou think that those are to be discredited , who call me either his or thy traytor , or betrayer . but let thy god who is true and just , and knoweth all secrets , judge between us ; and let him never suffer this piece of bread i now hold in my hand , to pass down my throat without ch●aking me , if i be guilty of any treason at all against thee , or had ever so much as a thought to betray thee ; or , if i be guilty of thy brothers death ; or if ever thy brother by me , or my counsel , was nearer to death , or remoter from life . and so may i safely swallow down this morsel of bread in my hand , as i am guiltlesse of these facts . when he had thus spoken , the king blessed the piece of bread ; whereupon godwin putting it into his mouth , swallowed it down to the midst of his throat , where it stuck so fast , that he could neither get it down nor cast it up by any means , till through the cooperation of divine vengeance , he was so choaked with it , that his breath was quite stopped , his eyes turned upside down , his arms grew stiff , being conscious to himself of what he thus abjured , and so he fell down dead under the table : deus autem justus et verax audivit vocem proditoris , et mox eodem pane strangulatus , mortem praegustavit aeternam ; writes q radulphus de diceto . the king seeing him pale and dead , and that divine judgement and vengeance had thus passed upon him , said to those who stood by , dragg out of this dog , this traytor , and bury him in the high way , for he is unworthy of christian burial . whereupon his sonnes there present beholding this spectacle , drew him from under the table into a bedchamber , ubi debitum proditoris fortitus est finem ; and immediately after they buried him privily in the old monastery at winchester , without hononr or solemnity . abbot r ingulphus thus briefly relates the story of this his death . anno domini . cum godwinus comes in mensa regis de nece sui fratris impeteretur , ille post multa sacramenta tandem per buccellam deglutiendam abjurabit , & buccella gustata continuo suffocatus interiit . as this judgement of god upon earl godwin for murdering prince alfred right heir to the crown , and the normans who accompanied him , ( years after the fact ) was most exemplary : so gods justice upon his posterity is remarkable , which ( to omit their forementioned exiles troubles ) are thus epitomized by ſ will. malmsb. godwin in his younger years had the sister of , cnute for his wife , on whom he begat a son ; who having passed the first years of his childhood , whiles he was riding on a horse given to him by his grandfather , in a proud childish bravado giving him the spurr and rains , the horse carried him into the swift stream of the river of thames , where he was drowned . his mother also was slain with the stroke of a thunderbolt , receiving the punishment of her cruelty ; who was reported to buy whole droves of slaves , especially beautifull maides in england , and to send them into denmark , that she might heap up riches by their deformed sale . after her death he maried another wife , on whom he begot harold , swane , wulnoth , tosti , girth , and leofwin . harold , after edward , was king for some moneths , and being conquered by william at hastings , lost both his life and kingdom , with his two younger brothers , ( there slain in battel : ) wulnoth sent into normandy by king edward , because his father had given him for an hostage , was there detained a prisoner without any release , during all king edwards life , and being sent back into england in williams reign , continued in bonds at sarisbury till his old age . swane of a perverse wit , treacherous against his king , revolted oftentimes both from his father and his brother harold , and becomming a pyrate , polluted the vertues of his ancestors with his maritime robberies and murder . at last going barefoot to jerusalem in pilgrimage , ( out of conscience , to expiate the wilfull murder of his cosen breun● , and as some say his brother ) in his return thence , he was circumvented and slain by the saracens . tosti being advanced by king edward to the earldom of northumberland after the death of earl syward , ruled the county near two years , which being expired , he stirred up the northumbrians to a rebellion with the asperity of his manners : for finding him solitary , they chased him out of the country , not thinking fit to slay him , by reason of his dukedom ; but they beheaded all his men both english and danes , and spoiled him of all his horses , arms and houshold-stuff ; whereupon being deprived of his earldom , he went with his wife and children into flanders , and at last invading northumberland , and joyning with the danes against his own brother king harold , was there slain by him in battel , ( with all his forces ; ) his daughter queen egitha , ( besides her forementioned repudiation by king edward , ) and the imprisonment and disgraces put upon her by him for her fathers sake , was never carnally known by him as his wife , out of a detestation to her father godwin , because he would not ingender heirs to succeed him in the royal throne , out of the race and séed of such a traytor , as many historians assert : even so let all other such like perfidious traytors & their posterities perish , who imitate him , and them in their treasons , perjuries , rebellions , and will not be warned nor reclaimed by his , or their sad examples . the same year earl godwin thus perished , o rheese brother of griffin king of southwales , was slain by king edwards command , and his head brought to glocester to the king on the vigil of epiphany , for his manifold treasons , rebellions , and frequent depredations upon his english subjects . king edward anno . commanded p sywara the valiant duke of northumberland , to invade scotland with an army of horse and a strong navy , to remove mackbeoth k. of scots ( to whom he had formerly given the realm of scotland to hold it of him ) and make malcolm ( the king of cumberlands son ) king in his place ; who thereupon entring scotland with a puissant army , fought a set battle with mackbeoth , slew many thousands of the scots , and all the normans who went to him out of england , chased him out of scotland ( then totally wasted and subdued by syward ) and deprived him both of his life and realm . which being effected , king edward gave the realm of scotland to malcolm , to be held from and under himself . not long after duke syward being likely to die of a flux , when he saw death approaching , said ; what a shame is it , that i who could not die in so many battels and warrs , should be reserved to die with disgrace , like a cow ? wherefore put upon me my impenetrable coat of male , gird me with my sword , set my helmet upon my head , put my buckler in my left hand , and my gilt battel-ax in my right hand , that being the strongest of all souldiers , i may die like a souldier . whereupon being thus armed as he commanded , he said ; thus it becomes a souldier to die , and not lying down in his bed like an ox ; and so he most honourably gave up the ghost . but because waltcof his son was then but an insant , his earldom was given by the king to tosti , son of earl godwin , whose earldom after godwins sudden death , was bestowed on harold , and harolds earldom given to algarus earl of chester : earldoms in that age being only for life , not hereditary . in the year . q king edward , habito londoniae concilto , holding a parliamentary councill at london , banished algarus , son of earl leofric , quia de proditione regis in concilio convictus fuerat , because he had been convicted in the council of treason against the king , as henry huntindon , bromtons chronicle , and hygden record : yet florentius wigorniensis ; simeon dunelmensis , hoveden , henry de knyghton , and others write , he was banished sine culpa , without any crime . whereupon passing over into ireland , he soon after repaired with . piratical ships to griffin king of wales , requesting him to give him aid against king edward . who thereupon forthwith assembling a very great army out of all his realm , commanded algarus , to meet him and his army with all his forces at a certain place ; where uniting their forces together , they entred into herefordshire to spoil and depopulate it . against whom timorous earl ralph , king edwards sisters son , raising an army , and meeting them two miles from the city of hereford , commanded the english to fight on horseback contrary to their custom : but when they were about to joyn battel , the earl with his french and normans , fled away first of all ; which the english perceiving , followed their captain in flying ; whom the enemies pursuing , slew four or five hundred of them , and wounded many more ; and having gained the victory , took the city of he●ford , slew some of the citizens , carried away many of them captives , annd having burnt and pillaged the city , returned enriched with great booties . the king being infotmed of it , commanded an army to be presently assembled out of all england , which meeting together at gloucester , he made valiant earl harold their general ; who devoutly obeying his commands , diligently pursued griffin and algarus , and boldly entring into the coasts of wales , encamped at straddle . but they knowing him to be a valiant man , not daring to fight with him , fled into south-wales . upon which , harold leaving the greatest part of his army there , commanded them manfully to resist the enemies if there were cause , and returning with the rest of the multitude to hereford , he enviroued it with a broad and deep trench , and fortified it with gates and barrs . at last messengers passing between them and harold , they made a firm peace between them . whereupon earl algarus his navy returning to chester , there exacted the wages he had promised them ; but he repairing to the king , received his earldom from him again . this same year r herman bishop of salisbury requested of the king , and almost obtained leave to remove his see from ramesberg to the monastery of malmsbury : sed rege jnxta consilium procerum id nolente , he thereupon resigned his bishoprick , went beyond the seas , and took upon him the habit of a monk ; but repenting of his rashness , he returned into england , three years after , and held the bishopricks of salisbury and sherborne united together , till the th year of king william the conqueror . in the year . ſ prince edward , son of edmond ironside , came out of hungary ( where he had long lived an exile ) into england , being sent for thence by his unkle king edward , who had decreed to make him heir to the crown after himself ; but he died at london soon after his return , leaving onely edgar athelin his son , very young , and two daughters margaret , and christiana , under the kings custody and tuition . this same year , earl leofric , at the request of his devout noble countess godina , freed the city of coventry from a most grievous dishonest servitude , and heavy tribute , wherewith he had formerly oppressed the citizens , being very much offended with them ; which ( though frequently importuned by her ) he would remit upon no other condition but this ; that his lady godina should ride naked through the street of the city from the one end of the market to the other , when the people were there assembled ; which she , to obtain their liberties from this servitude and tribute , performed , covering her self so with her long fair hair , that she was seen and discerned by no body . whereupon the earl her husband by his charter , exempted the citizens of coventry for ever from many payments , which he formerly imposed and exacted from them ; the wisdom of which earl much benefited the king and people whiles he lived . ( t ) algarus his son succeeding him in the earldom of mercia in the year . was banished the second time by kiag edward ; but by the assistance of griffin king of wales , and help of the norwey fleet , which beyond expectation came to assist him , he suddenly recovered his earldom again by force , of which he conceived himself unjustly deprived against law. griffin king of wales having ( contrary to his former league and agreement ) invaded , infested england , slain the bishop of hereford , burnt the city , harrowed the country , and twice assisted earl algarus against king edward ; thereupon anno . u duke harold by king edwards command marched hostilely into wales , with his forces to infest griffin : who having notice of his comming , took ship , and hardly escaped his hands . hereupon harold raised a greater army , and likewise provided ships and furniture ; after this his brother tosti and he , joyning their forces together , by the kings command , began to depopulate wales , and invaded it both by sea and land : whereupon the welshmen compelled by necessity , gave them hostages , and promised , that they would thenceforth pay a tribute to k. edward , as their soveraign , and banish their king griffin : whom they expelled accordingly that year : and an. . they cut off their king griffins head , and sent it unto harold , who presently transmitted it to k. edward : whereupon the king made griffins brothers blethagent and redwallo , kings over the welshmen , to whom he gave that land , who sware fealty to king edward and harold ; et ad imperium illorum mari terraque se fore paratos , ac omnia quae prius de terra illa regibus anterioribus fuerant pensa obedienter se pensur●s responderunt , as wigorniensis , hoveden , simeon dunelmensis , and others record their oath . the next year x tosti earl of northumberland , moved with envy against his brother harold , in the kings own presence at winsore , took harold by the hair as he was drinking wine to the king , and violently struck the cup out of his hand , using him most dishonourably , all the kings houshold admiring at it . upon which harold provoked to revenge , taking tosti between his arms , and lifting him up on high , threw and dashed him violently against the pavement . at which sight the souldiers round about ran in on all sides , and parting the began fray perforce between these brothers and stout warriers , severed them one from the other . but the king upon this predicted , that the destruction of these two brothers was now near at hand , and that their deadly f●ud was not long to be deferred . for all the sons of the traytor earl godwin were so ungracious , covetous , oppreffive , and so extremely unjust , that if they had seen any fair mannor or mansion place , they would procure the owner thereof to be slain in the night , withall his posterity and kinred , that so they might get possession thereof for themselves . who notwithstanding which their soft and honied speeches , ( although they were but swords ) did so circumvent the over-credulous simplicity of king edward , that after many enormous wickednesses committed by them , he made them regni iusticiarios , regni rectores & dispositores ; both justices , rulers and disposers of the kingdom ; and likewise generals and admirals of his forces both by land and sea. the many acts of injustice committed by the sway of power and passion by earl godwin and his sons proportionate greatness and the kings weakness , did much blacken that bright time of peace , and made a good man ( not by acting , but induring ill ) held to be a bad king. tosti after this contest and quarrel with his brother harold , departing in a rage from the kings court , and comming to the city of hereford , where his brother harold had provided a great intertainment for the king , slew and cut all his servants in piece● , and put either a legg , arm , or some other member of their bodies thus mangled , into every vessel of wine , meade , bear , and other sorts of liquors he there found , wherin they lay steeping , stopping up the vessels again : which done , he sent word to the king , that when he came to his farm at hereford , he should find his flesh well powdered , and that he would provide him sweetmeats . the king being informed of this his barbarous villany and scoff , commanded that he should be banished for this detestable wickedness , which he abhorred . soon after tosti departing into northumberland , about the . of october , divers gentlemen and others of that country assembling together , came with about armed men to york , where tosti then resided , both to revenge the execrable murder of some noble northumberlanders , servants to gospatric , whom queen egitha , in the cause of her brother tosti , had commanded treacherously to be slain on the th day of the precedent christmass , and of gamel the son of orne , and ulfe son of delfin , whom tosti the year before had commanded to be treacherously murdered in his chamber at york , under pretext of making a peace with them ; necnon pro immanitate tributi quod de tota northimbria injuste acceperat ; as also for the excessiveness of the tribute which he had unjustly received out of all northumberland , without their common consent and grant . these chasing the earl himself out of the country ( pro contuitu ducatus occidendum non rati ) slew and cut off the heads of all his servants , and courtiers , as well english as danes , being above . on the north part of the river of humber ; then breaking up his treasury , they took away all his treasures , horses , armes , houshold-stuff , and all things that were his . the rumor whereof being brought to the king , and the country in an uproar , almost all the nortkumberlanders met together , and elected , constituted morchar , earl algarus , son for their earl in the place of tosti ; who marched with them into lincolnshire , nottinghamshire , and derbyshire , wasted and pillaged those counties , slew many of the inhabitants , and carryed many thousands of them away captive , leaving those counties much impoverished many years after . hereupon harold was sent against them to revenge those injuries , to prevent further mischiefs , and to mediate a reconciliation between them and tosti . upon this the northumberlanders met harold , first at northampton , and afterwards at oxford , and although they were more in number than he , yet being desirous of quietness and peace , they excused the fact unto him , saying : se homines liberè natos , liberè educatos , nullius ducis ferociam pati posse : a majoribus didicisse ; aut libertatem , aut mortem , &c. that they being men freely born , freely educated , could not suffer the cruelty of any duke . that they had learned of their ancestors , either to enjoy liberty , or death . therefore if the king would have them his subjects , he must set another earl over them ; even morehar , who had had experience how sweetly they knew to obey , if they were sweetly handled . but all of them unanimously refused any reconciliation at all with tosti , whom they dutlawed , together with all those who had incited him to make an unjust law , and impose an illegal tribute upon them . harold hearing these things , and minding more the peace of the country , than his brothers profit , recalled his army ; and the king having heard their answer , confirmed morchar for their duke . tosti hateful to all men , by the assistance of earl edwin , was expelled out of england by the northumberlanders , and driven with his wife and children into flanders , whence returning about two years after , and joyning with the danes , he entred with the danes into northumberland , miserably harrowed the whole country , slaughtered the inhabitants ; and at last was there slain with most of his souldiers by his own brother king harold , anno . king edward , ( as abbot r ingulphus living in that age , records , ) anno . being burdened with old age , perceiving prince edgar atheling ( his cosen edwards son , lately dead ) to be unfit for the royal throne , tamcorde , quam corpore , as well in respect of minde as body , and that earl godwins many and wicked progeny did daily increase upon the earth , set his mind upon his cosen william duke of normandy , et enm sibi succedere in regnum angliae voce stabili sancivit ; and decreed , by a stable vote , that he should succeed him in the realm of england : for duke william was then superiour in every battel , and a triumpher against the king of france ; and his fame was publickly blazed abroad amongst all the earls of normandy who were next him , being invincible in the exercise of arms , iuder justissimus in causarum judicie , a most just judge in the judging of causes , and most religious and most devout in the service of god. hereupon king edward sent robert archbishop of canterbury to him , as his legate a latere , or special embassador , illumque designatum sui regni successorem tam debito cognationis , quam merito virtutis suae archipraesulis relatu insinuavit ; and intimated unto him by the relation of his archbishop , that he had designed him to be the successor of his realm , as well by the debt of kinred , as by the merit of virtue . moreover harold , the major of the kings court , comming into normandy , not only swore , that he would conserve the kingdom of england for duke william after the kings death ; but likewise promised upon oath , that he would take the daughter of duke william for his wife ; and upon these promises returned home magnificently rewarded : after which he subjoins , edwardi piissimi regis , cujus cognatione et consanguinitate inclytus rex noster willelmus fundat conscientiam suam regnum angliae invadendi , caeteris regibus de danorum sanguine , quasi nullius authoritatis ad allegandum , interim intermissis . ſ william of malmsbury ( who flourished in or near that very age ) thus seconds him . after the death of edward , his son edgar was , neque promptus manu , neque probus ingenio . rex itaque defuncto cognate , quia spes prioris erat soluta suffragii , willielmo comiti normanniae successionem angliae dedit . erat ille hoc munere dignus , praestans animi juvenis , & qui in supremum fastigium alacri labere excreverat . praetere● proxime consanguineus , filius roberti , filius richardi secundi , quem fratrem fuisse emmae matris edwardi , non s●mel est quod diximus . ferunt quidam ipsum haroldum a rege in h●c normanniam missum : alii secretioris consilii conscii invitum venti violentia illuc actum , quose tueretur invenisse commentum ; quod , quia propius vero videtur , exponam . harold comming to his farm at boseam , going for his recreation into a fisher-boat , and putting forth into the sea in sport , was by asudden contrary storm arising , driven with his companions into the village of ponthieu in france , where he was stripped and bound hand and foot by the rude country people , and carried prisoner to guido their earl , who detained him in prison to gain a ransom from him . whereupon harold being of a subtil wit , studying how to relieve himself , by large promises procured a messenger to inform duke william , that he was sent by the king into normandy , that what lesser messengers had but muttered ( touching his succession to the crow● of england ) he might perform by his presence ; especially that he was detained in bonds by earl guido , wherby he was hindered to deliver his message , notwithstanding his appeal to him , which was a great diminution to his honor : and if his captivity were to be redeemed with monie , he would willingly give it to him and not to guido ; upon which , he was by duke williams command released , brought by guido into normandy ; and there nobly feasted by the duke : where by his valour and policy he gained great reputation with duke william ; and that he might more indear himself in his favour , he there voluntarily of his own accord , confirmed to him the castle of dover , which belonged to him of right , and the kingdom of england after king edwards decease : whereupon the duke espoused him to his daughter ( adeliza ) then a child , and bestowed her whole ample portion upon harold , and then honourably dismissed him . t matthew westminster anno . relating this story of harolds driving into ponthieu by storm against his will , as hapning in that year ; and that to ingratia●e himself with duke william : post mortem regis edwardi ei regnum angliae sacramento firmavit ▪ subjoyns thereto : tradunt autem aliter alii , quod videlicet haroldus a rege edwardo fuerat ad hoc in normanniam missus , ut ducem gulihelmum in angliam conduceret , quem idem rex edwardus haeredem sibi constituere cogitavit . roger de hoved. annal. pars prior . p. . radulph . de diceto abbr. chron. col . , . eadmerus hist . novorum , l. . p. , . sim. dunel . hist . col . . jo. bromton in his chronicle , col . . hygden in his polychron . l. . c. . with others , record the matter somewhat different from our other historians . that harold after his fathers death craving leave of king edward to goe into normandy , to free and bring into england his brother wulnoth , & nephew hake , there detained hostages ; the king would not permit him to goe as sent by him , but yet left him free to do what he pleased of himself therein : adding , praesentio tamen te ad nihil aliud tendere , nisi in detrimentum totius anglioi regni , et opprobrium tui ; nec enim ita novi comitem mentis expertem ut eos aliquatenus velit concedere tibi , si non praescierit in hoc magnum proficuum sui . harold notwithstanding taking ship to go into normandy upon this occasion , was driven by storm into ponthieu , and there imprisoned as aforesaid , and by duke williams means and threats , after two denials , released : who honourably entertaining him for some dayes , to advance his own designs by him ; at last opened his minde thus to him . dicebat itaque regem edwardum quando secum invene olim juvenis in normanni● demoraretur , sibi interposita fide sua , pollicitum fuisse , quod si rex angliae foret , jus regni in illum jure haereditario transferret ; & subdens ait ; tu quoque si mihi te in hoc ipso adminiculaturum sposponderis , et insuper castellum dofri● , cum put●● aquae , ad opus meum te facturum , s●roremque tuam , uni de principibus m● is dederis in ux●rem , te ad me temp●r● , qu● nobis conveniet , destinaturum , nec non filiam means in conjugem accepturum , promiseris ; tunc et modo nepotem tuum : et cum in angliam vener● regnaturus fratrem tuum incolumem recipies : in quo regno , si tuo favore confirmatus fuero , spondeo , quod omne quod à me rationabiliter tibi postulaveris obtinebis . hereupon harold perceiving danger on every side , and not knowing how to escape , unless he condescended to williams will in all things , he thereupon consented to his requests . but he , that all things might be ratified , bringing forth the reliques of saints , brought harold to this , that he should swear upon them , that he would actually perform all things which they had agreed between them . these things thus done , harold receiving his nephew , returned into his country , where he related to the king , upon his demand , what had happened , and what hee had done ; who said , did i not tell thee i knew william , and that many mischiefs might happen to this kingdom in thy journey ; i foresee in this thy deed , that great calamities will come upon our nation , which i beseech god of his infinite mercy to grant , that they may not happen in my dayes . u mr. fox relating this story more briefly , concludes thus . whereby it may be ●athered that king edward was right willing that duke william should reign after him ; and also in seemeth not unlike , but that he had given him his promise thereunto before . the same hoveden , annalium pars posterior , p. , , . reciting the laws of king edward confirmed by king william after he got the crown ; records these passages intermixed with them . that king edward retained his cosen edwards son , edgar , with him , and nourished him for his son , and because he thought to make him his heir , he named him ad●ling , which we call a little lord. but king edward so soon as he knew the wickednesse of his nation , and especially the pride of the sons of godwin , of harold , ( who after invaded the kingdom ) estigurt , lefwin , and others of his brothers ; imagining that what he had purposed concerning edgar , could not possibly be stable ; adoptavit willielmum ducem normannorum in regnum : adopted william duke of normandy to succeed him in the realm ; william , i say , the bastard , the son of robert his uncle , a valiant , warlike , and stout man : who afterwards by gods assistance , by vanquishing the foresaid harold son of godwin , victoriously obtained the realm of england . to which he subjoyns , that edward wanting issue , sent robert archbishop of canterbury to his cosen william duke of normandy , & de regno cum constituit haeredem ; and made him heir of the kingdom : yea after him he sent earl har●ld ; and he invaded the realm ; he further records ; that when king william would have altered the laws of england presented to him upon oath in the th year of his reign but in one point . universi compatriotae , qui leges edixerant tristes effecti , &c. tandem eum prosecuti sunt deprecantes , quatenus pro anima regis edwardi qui ei post diem suum concesserat coronam et regnum , et cujus erant leges , that he would not alter the laws herein , whereupon he consented to their request . x thomas of walsingham thus registers the fact . edwardus rex anglorum , prolis successione carens , olim miserat duci robertum archiepiscopum cantuar. statuens illum haeredem regni a deo sibi attributi . sed et haroldum ipse postmodum destinavit , qui fuit maximus comitum regni sui in honore , dominatione et divitiis , ut ei de corona sua fidelitatem faceret ; ac christiano more sacramentis confirmaret ; qui dum ob hoc negotii venire contenderet , velificato freto , porti pontnium appulit , ubi in manus widonis abbatis villae s. abvile comitis incidit , quem idem comes captum , cum suis confestim in custodiam trusit . quod ut dux comperit missis legatis violenter illum extorsit , quem aliquandiu secum morat● facto fidelitate de regno pluribus sacramentis , cum muneribus multis regi remisit . denique rex edwardus , completo termino foelicis vitae , &c. migravit a saeculo : cujus regnum har●ldus continuo invasit , ex fidelitate pejuratus quam duci iuraverat . ad quem legatos direxit protinus , hortans ut ab hac vesania resipisceret , fidem quam iuramento sposponderat , cum digna subjectione servarer . sed ille hoc non solum audire contempsit , verum omnem ab illo anglorum gentem infideliter avertit , &c. chronicon johannis bromton , col. . relates , that king edward purposed to make edgar ( whom he had nourished as his son ) heir of england : sed ut quidam aiunt , rex gentis suae malitiam , et praecipuè superbiam haroldi , filii godwini , et aliorum divina demonstratione praevidens , percepit , quod propositum suum , quoad ipsum edgarum cognatum suum , de regno post eum obtinendo , minime potuit adimplere , unde willielmo cognato suo normannorum duci , regnum post eum optinendum per solennes nuncios assignavit . and col. . he adds , some say that king edward before his death had appointed william to succeed him , according to the promise which the said king had made him when he was a young man living in normandy , that he should succeed him in the kingdom ; concerning which , as some write , he had sent solemn messengers to him into normandy . the like is affirmed almost in the same words by henry de knyghton de eventibus angliae , l. . c . col . . and by fabian , caxton , cambden , holinshed , grafton , speed , daniel , stow , vestegan , and other modern historians . y matthew paris in the beginning of his history of england , p. . relates harolds driving into pountoise by storm , as he was taking his pleasure at sea , his presenting to duke william , his espousals to his daughter under age , which he ratified by oath taken upon the reliques of saints ; adding , juravit insuper , se post mortem regis edwardi , qui jam senuit sine liberis , regnum angliae duci , qui in regnum jus habuit , fideliter conservaturum . consummatis igitur aliquot diebus cum summa laetitia , amplis muneribus ditatus , in angliam reversus est haroldus . sed cum in tuto constitueretur , jactabat se laqueos evasiss● h●stiles , perjurii crimen eligendo . and * anno . writing of the lay peers of france , whereof the duke of normandy is first , he hath this passage . rex angliae , dux est de jure normanniae , sanguinis deriva●ione geneali : rex ex conquestu : dicitur tamen quod beatus edwardus , ●o quod haerede caruit , regnum legavit willielmo bastardo duci normannorum . sed hoc robore asseruitur caruisse ; quia hoc fecit in lecto lethali , et sine baronagii sui commnni consensu . by all which testimonies , as likewise by the express relations of mr. cambden in his britannia , p. , . richard verstegan his restitution of decayed antiquities . matthew parker , his antiquitates ecclesiae b●itanniae , p. . mr. seldens review of his history of tithes ; p. , . it is apparent , that king edward whiles he was in normandy , before he was king ; upon duke williams repairing into england to him after he was king , by several messengers , and hostages sent to him in his old age , and in his very death-bed , appointed duke william to be both his successor and heir to the crown of england , and that harold , either voluntarily , as purposely sent by king edward , or craftily , upon pretence he was sent by him , to work his own enlargement and his nephews ; or upon williams motion to him ; voluntarily swore , that he would faithfully preserve the crown and realm of england for him after king edwards death , who had appointed him to succeed him , as his heir & next kinsman by the mothers side , and that he intended to dishinherit his cosen edgar atheling of it , though next heir to it , by reason of his minority , unfitness , and indisposition both of body and minde , to sway the scepter of the realm . king edward , having finished his abby of westminster , and endowed it with ample lands and privileges by three several charters , by the advice and assent of all his bishops and nobles as z aforesaid , anno , caused it to be solemnly consecrated on innocents day , with great solemnity ; but falling sick in the midst of these festival solemnities of its dedication , he betook himself to his bed ; where continuing speechlesse for two days space together , on the third day , giving a great groan , and arising as it were from the dead , he related to those then about him , a vision he had seen touching the state of england ; namely , that two religious monks he had formerly known in normandy , dead many years before , were sent unto him with this message , declaring the corruptions and vices both of the clergy , nobility , gentry , and people of england , and the judgements ready to fall upon them for the same : which a matthew westminster thus relates . quoniam primores angliae , duces , episcopi & abbates , non sunt ministri dei , sed diaboli , tradidit deus hoc regnum uno anno , et die uno , in manu inimici ; daemonesque terram hanc totam pervagabunt : b abbot ailred thus records it , impletum dicunt anglorum nequitiam , & iniquitas consummata iram provocat , accelerat vind●ctam . sacerdotes praevaricati sunt pactum domini , polluto pectore & manibus iniquitatis sancta contrectant , & non pastores , sed mercenarii exponunt lupis oves , non protegunt , lac & lanam quaerunt , non oves , ut detrusos ad inferos , mors & pastores depascat et oves . sed et principes terrae infideles , sociae surum praedones patriae , quibus nec deus timori est , nec lex honori , quibus veritas oneri , jus contemptui , crudelitas delectationi . itaque nec servant praelati justitiam , nec subditi disciplinam . et ecce dominus gladium suum vibravit , arcum suum tetendit , et paravit illum ; ostendet deinceps populo hinc iram & indignationē , immissiones insuper per angelos malos , quibus traditi sunt anno uno & die uno , igne simul et gladio puniendi . the king groaning and sighing for this calamity that was ready to fall upon his people , demanded of the monks : whether if they repented of their sins upon his admonition to them , god would not pardon them , and remove his judgements , as he did from the ninivites ? they replied , that god would by no means receive them into his favour , because the heart of this people was hardned , and their eyes blinded , and their ears deafned , that they would not hear reproof , nor understand admonition , nor be terrified with threatnings , nor provoked with his late benefits . the king thereupon demanded , whether god would be angry for ever ? whether he would be any more intreated ? and when they might hope for a release of so great calamities ? to which they replyed ; that if a green tree cut in the midst , and carried a great space from the stock , could without any help reunite it self to the root , and grow again , and bring forth fruit , then might the remission of such evils be hoped for . the veritie of which prophecy ( add our historians ) the englishmen experimentally felt , namely , that england should be an habitation of strangers , and a domination of foreiners , because a little space after , scarce any englishman was either a king , a duke , bishop , or abbot , neither was there any hope also of the end of this misety . king edward after his relation of this vision to the nobles and prelates then about him , yielded up the ghost and died without issue on epiphany eve , an. . and was solemnly interred the next day in westminster abbey , the royal line of the saxon kings ending in him , which had continued from cerdic the first king of the west-saxons for . years , without interruption , except by some danish usurpers , who for the sins of the english reigned for some years over them , with rigour , and were soon cut off by death . chapter . comprising the historical passages relating to the parliamentary councils , lawes , liberties , properties , rights , government of england , anno . under the short reign of the usurper king harold , till the coronation of king william the first , falsly surnamed , the conquerour , though never claiming the crown by conquest , but title . king edward deceasing without any issue of his body to succeed him , refusing all carnal copulation with his queen , either out of a vowed virginity , as most historians conclude ; or , out of a detestation of earl godwins trayterous race , quod rex religiosus de genere proditoris , haeredes qui sibi succederent , corrupto semine regio noluerit procreari , as a ingulphus , b matthew westminster , and others record ; thereby exposed the kingdom for a prey to the ambitious pretenders aspiring after it . upon which consideration , praesentiebant plures in ejus morte , desolationem patriae , plebis exterminium , totius anglia nobilitatis excidium , finem libertatis , honoris ruinam , ( as c abbot ailred informs us . ) the english prelates and nobles being then all assembled at westminster to the solemn consecration of the abbey , were much perplexed , and the generality of the people exceedingly grieved at his death . for although he were , d vir propter morum simplicitatem parum imperio idoneus , yet he was deo devotus , ideoque ab eo directus . denique eo regnante ; nullus tumultus domesticus , qui non cito comprimeretur , nullum bellum forinsecus , omnia domi forisque quieta , omnia tranquilla ; quod eo magis stupendum , quia ita se mansuete ageret , ut nec viles homunculos verbo laedere noscet . nam dum quadam vice venatum isset , et agrest is quidem stabulata illa , quibus in casses cervi urgentur , confudisset , ille sua nobili percitus ira , per deum inquit et matrem ejus , tantundem tibi nocebo , si potero . egregius animus quise regem in talibus non meminisset , nec abjectae conditionis homini se posse nocere putaret . erat interea ejus apud domesticos reverentia vehemens , apud exteros metus ingens : fovebat profecto ejus simplicitatem deus , ut posset timeri , qui nesciret irasci ; no wonder then if his death were much lamented by all his subjects , e cum omnes et in rege cernerent unde gauderent , et in se sentirent unde dolerent . the english nobility were much troubled and divided in their minds and affections , which were wavering , touching the election of a fit person to succeed him ; f fluctuabant proceres regni quem sibi regem praeficerent et rectorem . many of them favoured william duke of normandy , as specially designed by king edward to succeed him ; others of them inclined to prince edgar atheling , as the next and right heir to the crown , cui de iure debebatur : others of them favored harold , earl godwins son , as being a person then of greatest power and valour in the realm , g anglia dubio favore nutabat cui se rectori committeret incerta , an haraldo , an willielmo , an edgaro . nam & illum pro genere proximum regno , proceribus rex commendaverat . harold being a crafty subtil man , knowing that delayes were hurtfull to those who were prepared , on the very day of epiphany , whereon king edward was buried , having the command of all the militia and forces of the realm , as general and vice-roy to the deceased king , by the strength of himself and his kinred and friends , invaded and seized upon the royal crown , and then presently set it upon his own head , crowning himself king without any title , right , or due election by the nobles , or coronation by the bishops , ( whereby he incurred the hatred both of the english prelates and pope ; ) and then extorted allegeance from the nobles ; as william of malmsbury , matthew paris , ing●lphus , henry huntindon , matthew westminster , the chronicle of bromton , knyghton , caxton , mr. fox , speed , and some others attest . but marianus scotus , florent . wigorniensis , roger de hoveden , sim. dunelm . radulfus de diceto , eadmerus , hygden , fabian , grafton , with others , write in favour of harold , that king edward before his death , made him not only his general , but vice-roy ; and ordained , that he should be king after him . whereupon , a totius angliae primatibus ad regale culmen electus , he was elected to be king by all the nobles of england ▪ and solemnly consecrated and crowned king by aldred archbishop of yorke . and so , juxta quod ante mortem ( edwardus ) statuerat , in regnum ei successit haroldus , writes [ l ] eadmerus . that king edward designed him for his successor in the crown , seems very improbable , because harold himself never alleged nor pretended it in any of his answers to duke williams embassadors to him , who claimed the crown by his speciall bequest and designation in his life-time ; and because king edwards hatred to godwin and his posterity , seems inconsistent with it . i william of malmsbury an impartial disingaged author living in , or near that time , gives us this determination of these diffrent relations . recenti adhuc regalis funeris luctu , haroldus ipso theophaniae die , extorta a principibus fide , arripuit diadema , quamvis angli dicant , a rege concessum : quod tamen magis benevolentia , quam judicio allegari existimo , ut illi haereditatem transfunderet suam , cujus semper suspectam habuerat potentiam . quamvis , ut non celetur veritas , pro persona quam gerebat , regnum prudentiae & fortitudine gubernaret , si legitime suscepiscet . abbot k ingulphus living at that time , thus relates his intrusion into the throne against his oath . in crastino regii funeris comes haroldus , contrasuum statum & jusjurandum , contempt●r praestilae fidei , ac nequiter oblitus sui sacramenti , throno regio se intrusit : yet adds ; per archiepiscopum eboracae aldredum solenniter coronatus : l henry huntindon thus records it , quidem anglorum edgar adeling promovere v●lebant in regem : haroldus vero , viribus et genere fretus regni diadema invasit . the m chronicle of bromton , and n knyghton , thus give us the story of it . sancte edwardo rege et confessore mortuo , quidam anglorum magnates edgarum adelynge , filium edwardi , filii regis edmondi ironside in regem promovere moliebantur ; sed quia puer erat , et tanto oneri minus idon●us , et in bursa minus refertus , haroldus comes viribus et genere fretus , cui erat mens astutior , crumena fecundior , et miles copiosior , et pompis gloriosior , sinistro omine regnum occupavit , et contra sacramentum quod willielmo duci normanniae praestiterat , regni diadema sinistro omine illico invasit , et sic perjurus sancto edwardo successit : juxta quod idem edwardus , ut quidam aiunt , ante mortem suam statuerat promissione quam idem rex dum juvenis in normannia extitit , dicto willielmo de succedendo post cum in regnum fecerat , & sibi super hoc postea secundum quosdam solemnes nuncios , ut praemittitur , destinaverat , non obstante . o abbot ailred , thus registers harolds usurpation , and the sad events thereof . interea haroldus , godwini filius , regnum angliae quod secundum fidem sacramenti debuerat servasse willielmo regis edmundi consobrino , sibi nec iure debitum , nec natura , irreverenter usurpans , malum quod angliae secundum sancti regis oraculum dominus praeparaverat transgressione pacti et fidei acceleravit laesione . ut autem attenuati viribus , facilius ab hiis qu●s injustè provocaverat hostibus vinceretur , suscitavit ei a parte aquilonis inimicos , haroldum cognomento harfar , norwagenorum regem , et tostium fratrem s●um , quem de anglia ipse expulerat &c. ( p ) tho. walsingham thus stories it . cujus regnum haroldus continuo y invasit , ex fidelitate pejuratus quam duci juraverat . ad quem legatos direxit protinus , hortans us ab hac vesania resipisceret , et fidem quam juramento sposponderat , cum digna subjectione servaret . sed ille hoc non solum audire contempsit , verum omnem ab illo anglorum gentem infideliter avertit . hygden in his polychronicon , l. . c. . mr john fox , acts and monuments vol. . p. . mr. cambden in his britannia , p. , . holinshed , sir john hayward , sir richard baker , affirm the like , and incline to this opinion . that harold , by his might , power , craft , policy usurped , and invaded the crown , without any right , against his oath . i shall summ up all their opinions in the words of q iohn speed. after king edwards death , the statesmen perplexed for choice of a new , edgar athelings title was worthy more respect than it found , for him they held too young for government : besides a stranger born , scarce speaking english , and withall the prophecies of edward , touching the alienation of the crown , the interest of the danes , and the claim of duke william , made , ( both by gift and consanguinity ) bred great distractions of desires and opinions , but nothing concluded for setling the state ; no man assuming or possessing the diadem , because none had the power or right to adorn therewith his own head . in this calm conference a sudden gale arose , which blew all the sails spred for that wind into one port . harold , son to earl godwin , a man ( duly prizing his many worthy parts ) not unmeet for a kingdom , next edward ( his brorher-in-law , ) in the kingdom , courteous in speech and behaviour , in martial prowesse the only man , ( qui vivente edwardo quaecunque contra eum bella incensa sunt , virtute sua compressit , cupiens se p●ovincialibns ostentare , in regnum scilicet spe prurienti anhelans , as r malmsbury writes of him ) friended by affinity of many of the nobles , expected to be both sided and assisted , if his cause came either to trial or voice , seeing the time well fitted his entrance . swane king of denmark ( most dreaded by the english ) being then intangled with the sweden wars ; william the norman ( that made claim from king edward ) then absent , and at variance with philip the french king ; the friends of edgar in hungary , and himself a stranger , over young for to rule : all which concurrent made harold , without deliberation , or order from the states , to set the crown on his own head , regardlesse of all ceremony , and solemn celebration : for which act , as a violater of holy rites , he too too much offended the clergy , none either greatly applauding or disapproving his presumption , except only for the omission of manner and form . harold having gotten actual possession of the crown , marianus scotus , florentius wigorniensis , huntindon , hoveden , sim. dunelmensis , radulphus de diceto , hygden , fabian , graston , holinshed , cambden , and speed , record ; that to ingratiate himself with the clergy & people , he began to destroy evil laws and customs before used : and stablished just and good laws ; especially such as were for the defence of holy church : he likewise became a patron of churches and monasteries , respected and reverenced bishops , abbots , monks and clergymen ; shewed himself pious , humble , affable to all good men , and hatefull to all malefactors ; publickly commanding all his dukes , earls , sheriffs , and other officers , to apprehend all thieves , robbers , and disturbers of the realm ; himself likewise taking extraordinary paines and care for the defence and guarding of the realm , both by land and sea whereunto john speed superadds , he remitted or diminished the grievous customs and tribute which his predecessors had raised ; a course ever powerfull to win the hearts of the commons : to churchmen he was very munificent , and carefull of their advancement ; and to grow more deeply in their venerable esteem , he repaired their monasteries , especially that at waltham , which he sumptuously new built , and richly endowed . moreover , to satisfie such nobles as affected young edgar , he created him earl of oxford , and held him in special favour . in brief , unto the poor his hand was ever open , unto the oppressed , he administred justice ; and all to hold that crown upright which he had set on his own head with an unsure hand , and deprived him of unto whom he was protector . but these encomiums of his justice and government , seem to me , to be rather forged than real . for how could he r●form ill laws and customs , and enact good laws , when king edward had so newly and exactly done it before him , that there was no need of such a reformation ; neither finde we the least mention of any laws made by harold ? or how could he remit , or diminish those grievous customs and tributes , which king edward had totally remitted before him , unless himself first revived them ? or how could he court the prelates and clergy , when as he refused to be consecrated by them , for which he incurred their disfavour ? i rather therefore incline to the quite contrary characters which other historians give of him and his government , as most consonant to truth . ſ henry de knyghton , though he recites what some forementioned write in his favour , yet gives us this account of his proceedings himself : iste devenit nimis elatus et cupidus in collectione auri et argenti et thesaurorum , nec aliquam uxorem ducere voluit , & vi oppressit filias baronum & procerum , atque militum de reguo : quod ipsi aegrè ferebant ; et de forestis suis tantam ferecitatē & severitatem erga adjacentes nobiliores exercuit , quod quamplures adnihilavit , et multos depauperavit . nec mirum quamvis ex hiis et aliis nimis odiosus devenit populis suis . et ideo pars comitum et baronum ad invicem conferebant , dicentes , ipsum non esse fortunae deditum , nec verum esse regem , sed per intrusionem erectum , et ideo infauste regere populum suum . et mandaverunt willielmo duci normanniae , ut in angliam veniret eorum consilio et auxilio ius regni prosecuturus , feceruntque ei fidelem securitatem veniendi , et consensit . and matthew westminster gives us this character of him : superbia elatus jam factus de rege tyrannus , rex haroldus in multis patrisans temerarius suit , et indiscretus , in praesumptione ancipiti nimis suae invictae confidens fortitudini , laudis cupidus et thesauri , promiss●rum immemor arridente prosperitate . unde ipsis anglis quibus praeerat , etiam consanguineis se praebuerat odiosum ; victoriamque cum illi dominus exercituum et deus ultionum concesserat , non deo sed sibi , suaeque ascripsit strenuitati . quod recenti experientia fuerat comprobatum , cum a noricis evictis superbus spoliisque omnium retentis , quae aliis promissa debebantur , ad normannorum praelia praecipitanter et inconsultè festinavit . unde ducis gulihelmi , maguanimi in negotiis bellicis peragendis , et circumspecti , fidelis in pollicitis , in pace socialis & jucundi , in conviviis dapsilis et sereni , omnibus fere , tam anglis quam conterminis , maxime tamen noricis acceptabatur . recipientes eum benevole dic●bant ; benedictus qui venit in nomine domini , rex pacificus , bellator victoriosus , pater & protector desolatorum . dominus autem papa , simulque fratres cardinales universi , cum tota curia romana , regem haroldum semper exosum habentes , pro eo quod sibimet diadema regni , sine eorum convenientia , et ecclesiastica solemnitate , consensuque pralatorum , praesumpserat , injuriam dissimularunt . et videntes , quo fine ausa praesumptio terminaretur , cum fortuna adversasunt adversati , potentiorique manu atque victrici ▪ more cupidorum , vel potius arundinis exagitatae ventorum turbine , quantocius inclinaverunt . such was the popes & clergies temper then . u duke william being certainly informed , that harold contrary to his oath and promise to him , had without right or title invaded the crown , and being secretly invited by some of the english nobles to challenge his own right thereunto by kings edwards designation ; sent messengers to harold , who mildly reprehending him for his breach of covenant , added by way of menace , that he would before the year expired exact his due from him by force of arms , in case he refused voluntarily to yield up the kingdom to him . but harold growing secure , contemning his threats , ( as never likely to be put in execution , both because the dukes daughter , to whom he was espoused , was dead , and himself involved in wars with his neighbour princes ) returned his messengers to him with this answer , x harold king of england sends you this answer , that true it is , when he espoused your daughter in normandy , being compelled by necessity , he sware that the realm of england should belong to thee . but against this he asserts , that a forced oath is not to be kept : for if a vow or oath which a virgin had knowingly made concerning her body , in the house of her father , without her parents consent , was revocable and void : much more the oath which he , being under the scepter of the king , had made without his knowledge , by compulsion , ought to be nulled and made voyd , as he asserted . moreover he affirmed , nimis praesumptuosum fuisse , quod absque generali consensu regni haereditatem vobis juraverat alienandam . addidit etiam injustum esse petere , ut e regno discedat , quod tanto principum favore , susceperat gubernandum . that it was overmuch presumption in him , that without the general consent of the realm , he had sworn the inheritance thereof should be alienated to him : that king edward being then living , he could neither give away the kingdoms succession to him , non grant it to any other without his consent ; et sine popull consensu , senatus decreto , et nesciente omni anglia , de toto regno , necessitate temporis coactus impegerit : and without the consent of the people , and decree of the senate , ( or parliament ) he could not promise to him the whole realm of england , without the knowledg of all england , being compelld therto only by the necessity of the time . adding moreover , that it was unjust to demand , that he should depart from that kingdom , which he had undertaken to govern with so great favour of the nobles ; y eadmerus , z radulphus de diceto , and some others , record this to be his answer then returned to duke william . soror mea , quam juxta condictum expetis , mortua e●● . quod si corpus ejus quale nunc est vult comes habere , mittam , ne judicer sacramentum violasse quod feci . castellum dofris , et in eo puteum aquae , licet nesciam cui , ut vobis convenit , explevi regnum quod necdum fuit meum , quo iure potui dare vel promittere ? si de filia sua quam debui in uxorem , ut asserit , ducere agit ; super regnum angliae mulierem extraneam , inconsultis principivus me nec debere , nec sine grandi injuria posse adducere noverit . a the norman , who till then , thought england sure to be his , and had devoted his hopes from a duke to a king , stormed to see himself thus frustrated on a sudden , and instead of a crown to have such scorns heaped on his head ; therefore , nothing content with this slight and scornfull answer , returnd his ambassadors again to harold , by whom he laid his claim more at large ; as that king edward in the court of france , had faithfully promised the succession unto him , and again ratified the same unto him , at his being in england ; and that not done without consent of the state , but confirmed by stigand ( it should be robert ) archarchbishop of canterbury , the earls godwin and siward , yea and by harold himself , and that so firmly assured , that his brother and nephew were delivered for pledges , and for that end sent to him into normandy : that he being no way constrained to swear ( as he pretended ) he appealed to harolds own conscience , who besides his voluntary offer to swear the succession of the crown unto him , contracted himself to adeliza his daughter , then but young , upon which foundation the oath was willingly taken . but harold who thought his own head as fit for a crown as any others , meant nothing less than to lay it down upon parly ; and therefore told williams embassadours plainly ; that however edward and he had tampered for the kingdom , yet edward himself coming in by election , and not by any title of inheritance , his promise was of no validity , for how could he give that wherein he was not interested , nor in the danes time was likely to be ? and tell yout duke , that our kingdom is now brought to a setled estate , and with such love and liking of the english , as that they will never admit any more a stranger to rule over them . that the duke himself well knew , that the oath he made him was only for fear of death or imprisonment , and that an oath so extorted in time of extremity , cannot bind the maker in conscience to perform it , for that were to joyn one sin with another . with which and the like speeches he shifted off the dukes embassadours , without any princely entertainment , or courteous regard : who returned home without reply , b vel veris vel veresimilibus argumentis perstricti . c some of our historians record ; that the dukes messengers upon their second embassy , admonishing him how religiously he had bound himself by oath , and that perjured persons should be sure to find perdition from gods hands , and reproachfull shame with men , waived all other demands of the crown , and insisted only upon this ; that harold should marry his daughter , which he had espoused , according to his promise , else he should certainly know he would by force of armes challenge the succession of the kingdom promised to him . but this seems improbable , because our other historians conclude , that his espoused daughter was dead before this embassie ; and williams preparations and future messages claiming the crown , resolve the contrary . d abbot ingulphus flourishing at that time , gives us this sum of their negotiation , and harolds answer thereunto . willielmus autem comes normanniae legatos mittit , foedera facta dicit , pacta patefecit , promissa petit , & aliquod justum medium confici requirit . at rex haroldus legatos vix auscultat , foedera fracta negat , pacta recusat , promissa excusat , & omnia justàmedia oblata sufflat , & subsannat ; cumque haec intermedia quorldie agerentur , ac solum nunciorum cursus ac recursus tota aestate sine fructis consumerarentur ; the embassadours returned empty , bringing only harolds unsatisfactory and scornfull answers with them . e wherewith duke william being much inraged , cast about how to recover that by right of armes which he could not gain by treaty ; providing ships , souldiers , mariners , and all things necessary for an invasive war , making choice of the tallest , skilfullest and goodliest souldiers he could select , and of such captains and commanders , as both in the army and elsewhere , seemed all of them to be rather kings than nobles . and to set the better colour upon his pretended enterprise , he sent to pope alexander , acquainting him with the justice of his cause , and the war he had undertaken , his embassadours setting them forth with all the strength of eloquence , which harold neglected to doe , either through sloathfullness , or diffidence of his title , or for fear william ( who strictly watched at ports ) should intercept his messengers . the pope having weighed the title of both parties , sent a consecrated banner to william , as an omen of his right to the kingdom , and good success taken in the enterprise . which having received , conventum magnum procerum apud lislibonam , fecit , super negotium singulorum sententias scissitatus : duke william called a great council of nobles at lillebon , demanding every one of their opinions concerning this business : cumque omnes ejus voluntatem plausibus excipientes , magnificis promissis animassent , commeatum navium omnibus ; pro quantitate possessionum indixit . henry huntindon , hygden , radulphus de diceto , speed , daniel , and others relate , that the lords of normandie in this great parliamentary assembly , taking counsel amongst themselves , what was best to be done in this expedition , vvilliam fitz-osbert counselled , to leave and forsake the war , both for scarcity of fighting men , and by reason of the strength , valour , fierceness and cruelty of the enemies . whereof the other lords being glad , put their answer into his mouth , resolving they would all consent to what he should say : who comming before the king said ; that he and all his men were ready and devoted to assist him in that enterprise , and so were all the other lords . whereupon all the nobles of normandy being thus unexpectedly surprized and bound by his words and promise , provided themselves for the expedition . in this assembly of the norman states , f a subsidy being propounded , as the sinews to carry on this great undertaking : it was answered , that a former war with the french had impoverished much of their wealth ; that if new wars were now raised , and therein their substance spent to gain other parts , it would be there so missed , as it would hardly be sufficient to defend their own ; that they thought it more safe for him to hold what he had , than with hazard of their own to invade the territories of others : that though the war intended were just , yet it was not necessary , but exceeding dangerous . besides , by their allegiance they were not bound to military services in forein parts , and therefore no payments could be assessed upon them . whereupon the wealthiest of all the people were sent for by the duke , and severally , one by one conferred with ; shewing them his right and hopes of england , where preferments lay even for the meanest of them : only money was the want , which they might spare , neither should that be given , but lent upon a plentifull increase . with which words he drew them so on , that they strove who should give most , and by this means he gathered such a masse of money as was sufficient to defray the war. besides , fitz osburne promised to furnish ships at his own charge , the bishop of bayon , the bishop of maus . and so others accordingly , beyond their abilities : and divers neighbour princes , upon promises of fair possessions in england , assisted him both with ships and souldiers . on the other side harold to prevent his and the danes invasions , who likewise laid title to the crown , provided ships and forces , to oppose them both by sea and land , and repairing to the port of sandwich , appointed his navy to meet him there ; which being there assembled , he sailed with it to the isle of vvight , and there watched the coming of vvilliam into england with his army all the summer and autumn , placing likewise his land forces of foot in fitting places about the sea coasts . but at last the victuals of the navy and land army being spent , they both returned home about the feast of sr. mary . g soon after divine providence , to make the easier and speedier way for harolds overthrow , stirred up his own brother tosti , the banished earl of northumberland , to recover his earldom , and avenge himself of harold ( who exiled him ) some think by duke vvilliams advice , they marrying two sisters : who coming with ( some write ) ships , out of flanders , forced taxes and tribute out of the isle of vvight , took booties and mariners to serve in his navy on the sea coasts of kent , whence he hoising sail , fell foul on lincolnshire , where morcar and edwin , earls of chester and yorkeshire incountring him with their forces by land , and harolds navy by sea , with some loss of their men , routed , and drove him from thence into scotland . where after some stay harold harfager , king of denmark , after his conquest of the orcades , by tosti his solicitation came into the river of tine with . ( others write ) ships , where they both united their forces , intending to subdue and conquer england : then landing their souldiers in northumberland , they wasted and spoiled the country where ever they came . whereupon earl morcar , and earl edwin , with the inhabitants of the country , raised all the forces they could against them , and giving them battel in a tumultuous manner , were routed by them , many of them being slain in the field , and the rest inforced to fly into york for shelter , which the enemies besieging , was presently surrendred up to them , and hostages delivered them after the slaughter of many citizens , nobles , and clergy-men . upon this king harold recollecting his disband●d army and navy , marched with all speed towards york against the danes , norwegeans , and his brother tosti , but coming to hamford bridge , one valiant dane , with his battle axe slew of his men , and made good the bridge against the whole army , for a long space , till at last some going under the bridge in a boat , slew him with a spear . both armies joyning battel , after a long and bloudy fight , harfager and tosti , with may other of note were slain , their whole army routed , all their ships taken , with the loss of many of the bravest english souldiers , and of their ships only permitted to depart into denmark with their wounded men , and olaus harfagers son , who to save his life , took an oath , never from thenceforth to attempt any hostility or invasion against the english . h this victory abbot ailred aascribes to the merits of edward the confessor , who promised to be the captain and protector of the english nation , against those enemies who invaded the realm contrary to right and law , and promised them the victory over them : but harold , ascribing it to his own valour , instead of rewarding his souldiers with the spoils of the vanquished enemies , as the price of their bloud , out of a base unworthy a varice , converted all the spoils and booty to his own private use , giving no part of them to any other : wherewith many of the nobles and common souldiers were so incensed , that detesting the covetousness of their prince , they unanimously departed from his service , and refused to march with him against the normans . this triumphant victory so puffed up harold , that he thought himself secure in the throne , beyond the fear or reach of any adversity , and instead of a king became a tyrant . whilst harold with all his land and sea forces were thus busied in the north of england , duke vvilliam in august assembled all his land army and navy , consisting of ships , at the port of s. valerie , to invade england in the south , then wholly destitute of all guards by land , and navy by sea , to resist his landing . and to satissie his souldiers , and all others of the justice of his undertaking , i he alleged these three causes thereof , which henry de knyghton devides into four . the first was , to revenge the cruel murther of his cousin prince alfred , king edmunds brother , and of the normans who came with him to assist him to recover the crown of england , to which he was right heir , whom godwin and his sons had shamefully dishonoured , treacherously betrayed , and barbarously murdered ; which fact he ascribed principally to harold . the second was , because godwin and his sons by their cunning , had injuriously banished robert archbishop of canterbury , earl odo , and all the french and normans out of england , which wrong he would revenge on harold , as done principally by his means and labour . the third and chief ground was ; because harold falling headlong into perjury , had without any right usurped the crown and realm of england , which of due belonged unto him , both by right of kinred to , and gift by king edward his nephew , and by harolds own solemn oath and promise , made to him in normandy , to preserve the kingdom for his use after king edwards death without children , according to king edwards command . while duke william with his ships and army lay many days together at s. valerie , expecting a fair gale for england , the winds being cross k many of the common souldiers there lying in tents , thus muttered one to another : that the man was mad who would by force invade and make another mans country and realm his own ; that god did fight against them in withdrawing the winds : that his father attempted the same thing in the same manner , and was hindered and inhibited therein . that it was fatal to his family , that aspiring to things above their power , they should find god opposite to them . these speeches bruted abroad , which might enfeeble the strength , and ahate the courage even of valiant men ; the duke thereupon taking counsel with his senators , caused the corps of st. valerie to be brought forth to procure a wind ; & presently a prosperous gale filling their sayles , the duke himself first took ship , and launched forth , and all the rest after him , then casting anchor till the fleet came round about him , they all sailing with a gentle course landed at hastings and pevemsy . the duke stepping forth of the ship upon the shore , one of his feet slipped , so that he fell down into the mud , one of his hands being filled with sand , whch he interpreted as an ill omen , and sinister event . but one of his souldiers who stood next him , lifting him up from his fall , whiles he held the mud in his hand , changed this event into a better interpretation , saying ; most happy duke , thou already possessest england and plowest it up ; behold the land is in thy hand , lift up thy self with good hope , thou shalt be king of england ere long . no sooner was the army landed , ( m ) but the king strictly charged them to forbear plundering , and take no booties , seeing they ought to spare the things that should be his own , nor to wrong any of their persons , who should ere long become his subjects . n richard vestegan records out of a french historian , that duke vvilliam the same day he landed in england , caused divers of his chief officers and friends to dine with him , and chancing at dinner to talk of an astrologer , who by the conjunction of the planets , had assured him at st. valerie , that harold should never withstand him , but submit himself unto him , and yeeld him faith and homage ; willed now that the said astrologer should be brought unto him , whom he had caused to be imbarqued for that voyage : but it was told him , that the ship where in the said astrologer sailed , was cast away at sea , and he drowned in it . whereunto the duke replyed ; that man was not wise , who had more regard to the good or ill fortune of another , than unto his own . i am now , thanks be to god , come over , i know not how the rest will succeed . how false this star-gazers prediction proved , the sequel will manifest . o duke vvilliam after his arrival , rested quietly . days without acting any thing , as if he minded nothing less than war. after which to cut off all occasion or hopes of return from his souldiets , he fired all his ships , or ( as some write ) drew them all a shore and intrenched them , as others : erecting only a castle on the shore for a retiring place for his souldiers , if need were . from pevensy he marched to hastings , where he built another fort. p henry de knyghton records , that the first night he lodged in england in his pavillion , there came a voice unto him , saying : william , william , be thou a good man , because thou shalt obtain the crown of the realm , and shalt be king of england ; and when thou shalt vanquish the enemy , cause a church to be built in the same place in my name , so many hundred foot in length , as in number of years the seed of thy bloud shall possess the government of the realm of england , and reign in england , an . years . but ( q ) matthew westminster writes , this voice was after the battel with harold , not before it , and the subsequent words in knyghton , ( touching his march to london , ) import as much . r harold residing in the north after his great victory there , when he deemed all his enemies totally broken in pieces , received certain intelligence , that duke william was safely arived at pevensey with his fleet , and an innnmerable company of valiant horsemen , slingers , archers , and footmen , whom he had hired out of all france . whereupon he presently marched with his army in great haste towards london ; and although he well knew , that most of the valiant men in all england were slain in the two late battels against tosti and the danes ; that many of the nobility and common souldiers had quite deserted him , refusing to march with him , in that necssity , because he permitted them not to share with him in the great booties they had won with their bloud ; and that half his army were not come together ▪ yet he resolved forthwith to march into sussex against the enemy and fight them , with those small forces tired he then had , being most of them mercenaries and stipendiaries , except those english noblemen , gentlemen and freemen , who enflamed with the love and liberty of their native country , voluntarily engaged themselves with him in the defence thereof , against the common , dangerous , invading enemy , rather than to support his usurped diadem and royalty over them : of which number there were very few . ( f ) immo vero panoi , et manu promptissimi fuere , qui charitati corporum renunciantes propatria animas posuerunt . nampraeter s●ipendiarios et mercinario● milites , paucos admodum ex comprovincialibus habuit . praecipitabant eum nimium fata , ut nec auxilia convocari vellet ; nec si vellet , multos parituros invenerat . ita omnes ei erant infensi , quod solus manubiis borealibus incubuerat : unde cum suis quos ductabat astutia gulielmi ●ircumventus , fusus est levi videlicet belli negoti● , sed occulto et stupendo dei consilio , quod nunquam posteà angli communi praelio in libertatem spiraverint , quasi cum haraldo omne robur deciderit angliae , quae certe potuit et debuit ( etiam per inertissimos ) solvere paenas perfidiae . yet t thomas of walsingham and some others write , that harold had gathered together an innumerable company of englishmen against duke william ; and the multitudes of the nobility , gentry , and commons of england slain in the battel , besides those who fled from it , and could not come to fight ; manifest his army not to be so small , as these authors would make it , u only to augment the englishmens valour , and ecclipse the normans , as overcomming them more by stratagem and multitude than true fortitude . whiles harold was in his march towards william within miles of his fort in sussex , he sent out scouts before him , to discover the forces and numbers of the enemy , who being intercepted and brought to william , he caused them to be led about his tents , that they might well view his army , and then being bountisully feasted , he commanded them to be sent back to their master without any harm . who returning to harold , commending the dukes magnificence , martial prowess and clemency , seriously affirmed , that all his souldiers seemed to be priests , because their faces and both their lips were shaven ; which kind of shaving none of the english then used , but their priests only . upon which harold smiling at the scouts simplicity ; replied , they were not effeminate priests , but souldiers of great and valourous minds , invincible in arms . whereupon x girth , harolds younger brother , a man of great knowledge and valour beyond his years , taking the speech out of his mouth , said ; seeing you commend the valour of the normans to be so great , i hold it unadvised rashnesse for you to fight with them , to whom you may be reputed inferiour , both in merit and valour . neither are you able to gainsay , but that you took an oath to william ( to reserve the crown to his use ) voluntarily or unvoluntarily . wherefore you shall doe more advisedly to withdraw your self out of the field in this instant necessity , ne si perjurus decertans , vel fugam vel mortem incurras , lest fighting perjured , you incurre either flight or death , and the whole army perish for your sin of perjury , seeing there is no fighting against god. therefore expect the issue of the battel without danger : for we are altogether free from any oath , justum suscipimus bellum pro patria pugnaturi , and have undertaken a just warr , to fight for our country . if we fight alone without thee , thy cause shall prosper better , and thou shalt be more safe , whatever befallius ; for if we fly , thou maist be able to succour and restore us ; and if we be slain , thou maist revenge us . but such was harolds unbridled rashness , that he would not give a pleasing ear to this admonition , esteeming it inglorious , and a great dishonour to his former life and valour , to turn his back to any enemy or danger . whiles these discourses passed between them : in comes a monk sent by duke william , claiming the kingdom as his , because king edward had granted it to him by advice of archbishop stigand , and of the earls godwin and siward , and had sent the son and nephew of godwin hostages thereof into normandy . but to avoid effusion of christian bloud , the monk brought him these three profers . either to depart with the realm to william , according to his oath and agreement . or , to hold the kingdom from , and reign under him . or finally to determine the controversie between them two by a single duc● , in the view of both their 〈◊〉 ▪ but harold out of a strange imp●udence , impudence & pride of heart , as one whom the heavens would depresse , accepting neither domestick counsel , nor the normans offer , would neither vouchsafe to look upon the messenger with a good countenance , nor discourse with him in milde terms , but sending him away with indignation , prayed only thus , that god would judge between him and his master william . to whom the monk boldly replying ; required , that if he would deny the right of william , he should either reserr it to the judgement of the s●e ap●stolick , or else to battel , if he had rather ; by which he asserted , that william was ready to trie his title . but harold answering nothing to those his proposals , but what he had done before , went within little of laying violent hands upon the embassador , commanding william with violent terms and menaces to depart his kingdom . by which he whetted the minds of the normans to fight , and gave them hopes of victory by his injustice . after which both armies provided to give battel the next morning , being harolds birth-day , october . his souldiers ( as men whose heads were sure to be crowned with lawrels of victory ) spent the whole night in licentious revels , riot , drunkennesse , clamours , shouts ; but the normans more christianly and seriously demeaning themselves , spent it in confessions of their sins , prayers , and vowes to god for victorious successe . no sooner did the morning appear , but the norman army was prepared for battel . then y duke william making an elegant oration to them , minded them , of the extraordinary valour , the manifold victories and conquests of their ancestors and themselves , which he exhorted them now to second , concluding his speech with this exhortation , to avenge the tinjury of harold , and the treachery of him and the english in murdering prince alfred , and the noble normans who accompanyed him . nonne pudet regem haroldam , contra me in praesentia vestri perjuram faciem suam vobis ostendere ausum fuisse ? mihi tamen stupor est , quod eos quiparentes vestros , cum alftido cognato meo proditione nefanda excapitaverunt , oculis vestris vidistis ; et eorum capita adhuc humeris eorum supersint . erigite vexilla viri , nec sit irae promeritae modus vel modestia . ab oriente ad occidente videatur fulmen gloriae vestrae , audiatur tonitrum impetus vestri , vindicesque generosissimi sanguinis . at which words all the normans were so incensed against the english , that they left their duke alone speaking to himself , before he had ended his speech ; and presently charged the english with unspeakable violence , before the third part of their army could be set in battel array ( as wigorniensis , sim. dunelmensis , radulphus de diceto , hoveden , bromton , and others write . ) one taillefer , running before the rest , slew three english ensigns one after another , and then was slain himself , before the rest of the souldiers encountred . the english , by reason of the narrownesse of the place , were unable to bring up above one third part of their men to fight in an orderly manner ; for which cause , and out of hatred to harold , many of them deserted both the field and him , and very few continued with him with a constant heart . yet the battel was so manfully fought by harold , and the english remaining with him , with various successe ( sometimes one side prevailing , sometimes the other ) that it continued from the third hour of the day , even till dark night . the english stood so thick and close together , and fought so valiantly , that the norman assailants could no waies break their array , and were upon the point to recoyl : which william perceiving , politickly sounded a retreat ; the normans retiring in good order , the english supposing them to flie , and themselves to be masters of the field , thereupon began disorderly to pursue them , breaking their ranks and files ; but on a sudden the normans having their wished opportunity charged them afresh , being scattered and disordered , so as they were not able to recover their battel , and so were beaten down and slain on every side ; none of them by flight seeking to escape the field , but to maintain their honour in arms , chusing rather manfully to dye fighting in the cause and defence of their country , than to fo●sake their kings standard . who performing the office both of an expert commander and valiant souldier all the day , after many wounds received , and fighting very manfully was at last slain with an arrow , shot through his brain in at his left eye , and falling dead from his horse to the ground , was slain under his own standard , ( when he had reigned only . moneths and s. dayes ; ) and his two brothers , girth and le●fwin , with most of the english nobility & gentry there present were slain together with him . upon harolds death , most of the common mercenary souldiers fled , being without that head for whom they fought , and were pursued and slain by the normans till night , z sed generosi malentes mori quam probrose fugere , videntes exhaeredationem suam imminere et jugum int●lerabile , donec nox certamen divideret , in certamine immota pectora praebentes prestiterunt , pulchram mortem pro patria ultione meruere . a some of our historians write , that there were slain of the english in this battel no lesse than sixty thousand nine hundred twenty four men ; which could not be , if harolds army were so small , as some report it ; the normans losing not above six thousand in the fight . b eadmerus , roger de hoveden , simeon dunelmensis , radulphus de diceto , bromton , and others , ascribe this victory only to a divine miracle , and gods justice upon harold for his detestable perjury , from the testimony of the french who were present in it . de hoc praelio testantur adhuc franci qui interfuerunt , quoniam licet varius casus hinc inde extiterit , tamen tanta strages et fuga normannorum fuit , ut victoria , quâ p●titi sunt , vero et absque dubio soli miraculo dei ascribenda sit , qui puniendo , per hanc iniquum perjurii scelus haroldi , ostendit , se non dominum esse volentem iniquitatem . which c abbot ailred thus seconds . gulielmus dei judicio ( to which harold appealed ) ipsum haroldum regno simul et vita privavit , for invading the crown against right and his oath , belonging to william , jure consanguinit at is & antiquae inter ipsum et edwardum conventionis . the most of our historians do the like . d thomas of walsingham , imputes the great slaughter of the english in this battel by the normans , as a just judgement of god upon them for their treacherous murder of prince alfred and the normans that came with him . referuntur illo conflictu pugnae multa millia anglorum corruisse , christo illis vicem reddente ob aluredi fratris edwardi regis necem , ab eis injuste perpetratus : with whom mr. e john fox concurrs in his forecited passage ; and duke williams speech to his souldiers before the battel implies as much , he making it the chief ground of his invading england . this battel , writes f abbot ailred , anglicae libertati finem dedit , initium servituti : to which g malmsbury subjoyns . i lla dies fuit fatalis anglis , funestum excidium dulcis patriae , pro novorum dominorum commutatione . h hanc autem regni subversionem , & sanguinis redundantis effusionem , cometa ingens & sanguinea at que crinita , in exordio illius anni apparens , minaci fulgore praesignavit , unde quidam : anno millesimo sexageno quoque seno anglorum metae flammas sensère cometae . quod regni mutationem magnam , populi stragem , & multam ter●e miseriam portendit . ut enim philosophi dicunt , quo dirigit crinem , illic diriget et discrimen● ; as abbot ingulpbus , mat. westminster , matthew paris , huntindon , hoveden , wigorniensis , simeon dunelmensis , hygden , knyghton and others observe . in this battel duke william had three horses slain under him , and often acknowledged , that gods divine hand did more protect him , than mans , seeing his enemy , amidst so many showers of darts and arrows which they shot against him , could not draw so much as one drop of his bloud , though they frequently hit him with them . i morcar and edwin earls of yorkeshire and cheshire , harolds brother-in-laws , withdrawing themselves and their forces from their battel , ( either for want of room to fight , as was pretended , or rather for former discontents ) retreated to london : where consulting with alfred archbishop of york , and other pee●s , and with the citizens and mariners of london , they all resolved to crown and set up edgar atheling the true heir , for their king : promising , to march under him with all their forces against duke william , and to try another field ; for which end they posted abroad messengers to levy new forces , and raise up the hearts of the dejected english from a despairing fear . but before edgars coronation , whiles many were preparing themselves for a new battel , morcar and edwyn ( whom this fearful estate of their native country would not disswade or restrain from disloyalty and ambition , to gain the crown to themselves , ( as some record ) secretly hindered that noble and prudent design , by withdrawing themselves from edgar , and marched home with all their forces and their sister algitha , or agatha , ( harolds wife ) into northumberland ; conjecturing out of their simplicity , that duke william would never come so farr . upon their departure , though the rest of the nobles would still have elected and crowned edgar king , if the bishops would have assented thereunto ; yet the prelates , struck with the fear of the popes thunderbolt from abroad , and with the consideration of the divisions , distractions of the nobility and people , and the imminent danger at home , would no wayes concurr with the nobles , londoners , sea-captains and others , to crown edgar , but resolved to go forth and submit themselves to the victorious duke , and elect and crown him for their soveraign . k the nobility discerning this wavering inconstancy of the bishops ; and considering , that they were nobly born , and must have a king ; that not to take him ( who was of power to make himself king ) would shew more of passion than discretion , distrusting each others faith , began to strive and runn headlong , who should be the first to preoccupate the grace of servitude , and intrude them into forein subjection . the commons ( like a strong vessel , that might have been for good use ) were hereby left without a stern , and could not move irregularly without apparent shipwrack . so that all estates in generall , either transported with sordid fear , or corrupted with new hopes , forsook edgar , themselves , and their distressed country , resolving all to become williams sworn vassals , without any further contest . l ita angli qui in unam coeuntes sententiam potuissent patriae reformare ruinam , dum nullum ex suis volebant , induxerunt alienum . during this their consultation at london , m duke william after his victory marched with his army through oxfordshire , buckinghamshire and hartfordshire , towards london , so farr as berkhamsted , without the least opposition ; wasting the country , burning the villages , and slaying the people ( as hoveden , cambden , and others write ) notwithstanding his former inhibition of plunder , to force them more readily to submit unto him . hereupon aldred archbishop of york , wulstanc bishop of worcester , walter bishop of hereford , yea prince edgar himself , all the english nobility , the chiefest of the londoners , and many others repaired to the victorious duke at berkhamsteed ; where giving him hostages for their fidelity , they resigned themselves up unto him as his subjects , and swore allegiance to him : with whom he reciprocally made a covenant of peace ; & nihilominus exercitui suo villas cremare , & rapinas agere permisit , adds hoveden . when the feast of christs nativity approached , duke william resolved to march to london , with all his army , and there to be crowned king ; n but being on his way , he found all the pass●ges blocked up with many great trees , which frederick abbot of st. albans ( descended from the saxons noble bloud ) had caused to be cut down and cast in the waies , to secure his monastery from the destruction of the normans ; whereat the duke both wondering and fretting , sent for the abbot , under assurance of his safe return ; and demanding the cause , why his woods were thus felled , and the wayes blocked up ? he returned him this stout answer : i have done ( saith he ) both the duty of my birth and profession ; and if others of my rank had performed the like , ( as they well might and ought to doe ) it had not been in thy power to have pierced the land thus farr . william hearing his bold answer , and knowing it was now a fitter time to pacifie , than exulcerate the english spirits , gave way to the present necessity , and marched to london with his army ; where he was joyfully received , by the prelates , nobles , and generality of the people , and by them all elected and crowned king on the day of christs nativity , anno . ( o ) in magna exultatione a clero et populo susceptus , et ab omnibus rex acclamatus . p thomas of walsingham records , that williams vantguard marching into london before him , found many rebels against him in the streets of the city , with whom they encountring forthwith , brought no small grief and lamentation to the city , by reason of the many funerals of the citizens and their sons whom they slew . at last , the citizens perceiving they could no longer resist them , put in hostages , subjecting themselves with all theirs to their conqueror and hereditary lord. after which ( writes he ) the duke on christmass day was elected king by all the nobles , as well of the normans as english , and anoynted with sacred oyl , and crowned with the royal crown by the bishops of the realm at westminster ; he receiving the crown from the hands of aldred archbishop of york , refusing to be crowned by stigand archbishop of canterbury , by reason of the many evils and horrible crimes reported of him , and because he had unlawfully invaded that see , during the life of robert , for which he was suspended by the pope : ne maledictionem videretur induere pro benedictione , as most of our historians accord : though the r chronicle of bromton , and ſ mat. parker assert , that stigand peremptorily re●used to crown him , being a man of bloud , and an invader of anothers right . cumque willielmus dux normanniae , conquestor angliae tyranni nomen exhor resceret , et nomen legitimi principis induere vellet , à stigando cantuariensi archiepiscopo in regno peti●t consecrari . ille vero , ut quidam dicunt , cruenti viro , et alieni iuris invasori , manus imponere formidans nullatenus adquievit . unde licet ipse willielmus eundem stigandum ut noverat multis modis blandè honoravit , ip●um tamen nunquam cordialiter amavit . t thomas sprot , william thorne , and out of them u matthew parker , x mr. lambard , y mr. cambden , z godwin , stow , and a speed record this story , which none of our other antient historians mention , that after duke william had slain harold , and the city of london with the generality of england had submitted to his power , being struck with the fear and terror of harolds death , and the englishmens great slaughter ) except kent alone ; william marched with his forces towards dover castle , ( the lock and key of the realm ) the better to command the seas , and awe the kentishmen , to subject it , and the other parts of the county to his power . archbishop stigand then lylying close in that county , either to renew the warr , or to obtain more honourable and just conditions of subjection for his kentishmen than any others , effected for his kentish people that which none in his country did besides . for perswading all his kentish men to keep at home , and not stirr out of their confines , when he heard of williams appro●ch , advising with eglesine abbot of st. augustinet ( they two being the chiefest lords and gover●●urs of kent ) and the principal men of kent ; they considered , that the whole realm was in a very sad and ill condition ; for whereas before the comming of the said william , none of the english was a servant , that now all indiffe●ently , as well noble as ignoble , were subjected to the perpetual servitude of the normans . and out of the dangers of their neighbours , assuming matter for their own and their counties preservation , they assembled all the commons of kent to canterbury ; where they represented to them , the imminent dangers of the country , the misery of their neighbours , the insolency of the normans , and the calamity of a servile condition ; all which now were too apparently seen . the english till then were frée-born , and the name of bondage never heard among them , and they amongst the rest ; but now nothing but servitude attended them , in case they unworthily yielded ( as others had done ) to the insolency of this griping enemy . whereupon by common advice , all the people decreed and declared to meet duke william , et cum eo pro patriis legibus certare ; and to fight with him for the lawes of their country ; chusing rather to end an unhappy life by fighting for them in the field , than to undergoe the unaccustomed yoak of bondage , or to be reduced from their accustomed liberty to an unknown and unsure slavery . the archbishop and abbot chusing rather to die in battel , than to behold the miseries of their nation , after the example of the holy maccabees , became the captains of the kentish army , resolving to die in defence of their country and laws , whereupon they all resolved to meet together at swanscomb , ( two miles from graves●nd ) at a set time . where assembling accordingly , they secretly kept together in the woods , watching the dukes approach , all joyntly agreeing to block up his passage on all sides , and to surround the duke and his army on a sudden , that they might not escape them , every one of the horse and footmen carrying a green bough in his hand , that they might not be discovered , and wherewith , if need were , they might impeach and hedge up the normans passage . the duke marching the next day through the fields near swanscomb , the whole multitude of the kentishmen , like a moveable wood , surrounded him , approaching nearer and nearer to him with a loft pace . which stratagem so daunted the duke , even with the very sight of their approach , ( who being , as he thought , free from all enemies , was now suddenly beset on all sides with these moving woods ) that he knew not but all the other vast woods he saw , might be of the like nature ; neither had he time to avoid the danger . the kentishmen having thus enclosed him round about , casting down their boughs , bended their bowes , drew out their swords , shaked their pikes , held forth their other arms , displayed their banners , and sounded their trumpets in token of battel . the duke and his army being herewith astonished , ( though so puffed up with their former late victory , that they had even now , to their seeming , the whole realm of england in their hand ) were so extraordinarily terrified herewith , that they stood in danger not only of the losse of the victory and army , but he even of his own life . whereupon he desired a parley with the kentish before the battel was joyned . upon this stigand and egelsine , their generals , were sent embassadors to the duke , on the behalf of the rest , who spake thus to him in their kentishmens names . most noble duke , behold the people of kent , are come forth to meet thee as thy friends , and are ready to receive and obey thee as their liege lord , if thou shalt grant their most just requests , demanding only such things as make for peace , and such as only tend to retain the liberty received from their ancestors , and preserve the laws and customs of their country , neither will they be reduced under bondage never yet felt by them , nor tolerate any new lawes ; for they can bear royal authority , but not lordly tyranny . wherefore receive the kentishmen , not as thy servants , but as thy loyal , loving and affectionate subjects . yet upon this condition , that all the people of kent may for ever enjoy their antient liberty , without diminution , and use the laws and liberties of their country . but if thou endeavourest to take away their liberty , and the immunity of their laws , thou shalt likewise take away their lives together with them : they being all ready at present to give thee and thine battel , and to try the uncertain chance of warr ; being fully resolved rather to die in the field , than in any sort to depart with their countries laws and customs , or to live under strange laws or servile bondage ; the name and nature whereof is and ever shall be strange unto us . for although the rest of the english can submit themselves to slavery , yet liberty is the proper badge of kentish men . the duke aston●shed with this oration and his new troubles , with a perplexed troubled mind , advised hereupon with his counsellors ; and wisely considering , that the event of the battel would be very doubtfull , that if he should depart without accomplishing his designe , or if he should suffer any repulse or inconvenience from this warlike people , that it would not onely redound to his great infamy , but that it would endanger the loss of his new-acquired kingdom ; undo what ever he had hitherto effected , and turn all his hopes and security into danger , if he should not joyne kent , the key of the whole realm to the rest of the kingdom , and retain it more by friendship and compact , ( thus offered to him ) than by force . and considering likewise that their demands were not unreasonable ; he thereupon , not so willingly as wisely , rather out of necessity , than voluntarily , granted to the kentish men , that they should live freely according to their antient laws and customes . whereupon there being a league made between william and the kentishmen , and hostages given on both sides for performance of it , they thereupon laid down their arms , and the joyful kentish men conducted the joyous normans to rochester , where they resigned up to duke william both the cou●ty of kent , and noble castle of dover . and thus the antient liberty , laws , usage , and custom of the english ( called gavelkind in the municipal english laws ) which was frequently and equally used throughout the whole realm of england , before the comming of duke william , afterward taken from others , continued more inviolable even till these our dayes in kent alone , by the industry , courage , intercession and earnest vehemency of stigand and egelsine . which thing is sufficiently proved out of antient writings concerning the customs of kent , wherein it is thus recorded , dicit comitatus , quod in comitatu isto de jure debet de ejusmodi gravamine esse liber ; quia dicit , quod com●tatus iste , ut residuum angliae nunquam fuit conquestus , sed per pacem factam se reddidit conquestioris dominationi salvis sibi omnibus libertatibus suis , et liberis consuetudibus primo habitis et usitatis . and from this valour and prowesse of the kentishmen in standing thus manfully for the laws , customs and liberties of their country both against duke william , and the danes before him , when as the other english basely submitted their necks to their vassalage , they b first obtained , and for many years after claimed , enjoyed this special priviledge , that in all armies and battaliaes of the english , they had the honour of the van , and foreward , and were worthily placed in the front , in all conflicts with the enemy ; they above all other englishmen , retaining still the badges of their antieut worthinesse and liberty . duke william having thus rather reconciled , than subdued kent to himself ( of which he was most careful , because therin were the most commodious ports for any ●o pass into or out of the realm ) hasted to london to his coronation ; ( which matthew parker , godwin , and others , make subsequent to his agreement with the kentish men , though speed erroneously makes it precedent ) where he conceived so profound a displeasure against archbishop stigand , for his forecited speech and stratagem to preserve the liberties , laws and customs of his kentishmen , that he would not suffer him to crown him , according to the duty of his place , though he alleged other reasons for it , and never ceased his rancor towards him , till he had revenged it ; c first by carrying him over with him into normandy soon after in the nature of a prisoner at large , under a pretext of honour : next , by depriving him of his archbishoprick , upon his return from thence ; and finally , by shutting him up presently after a prisoner in winchester castle , where he had scarce enough allowed him to keep life and soul together , and soon after there died of grief or famine . when duke william was crowned at westminster by archbishop aldred , before he set the crown upon his head , he caused him before the altar of st. peter in westminster , to promise upon oath in the presence of the clergy , nobles and people , se velle sanctas dei ecclesias , ac rectores earum defendere ; necnon & cunctum populum sibi subjectum iuste & regali providentiae regere ; rectam legem statuere et tenere : rapinas injustaque judicia penitus interdicere : as florentius wigorniensis , simeon dunelmensis , roger de hoveden , and radulphus de diceto , record his oath : which the chronicle of bromton , col . . thus expresseth . ipsum regem willielmum ad jura ecclesiae anglicanae ●uendae et confirmanda , populumque suum recte regendum et leges rectas statuendum sacramento solemniter astrixit . which john speed thus renders in english , at his coronation he took a corporal oath , before the high altar , according to the accustomed form . to defend the holy church of god and the rectors of the same . to govern the universal people subject to him justly ; to establish equal laws , and to sée them duly executed as became a good king. after which oath taken , the bishops and barons of the realm there publikely made him homage , and took an oath to him , to be his true and loyal subjects . thus ( writes d matthew westminster , ) the kingdom of the english was translated to the dominion of the normans by the most orderly disposition of god , who disposeth and dissipateth kingdoms , and disappointing the councils of princes , gives them to whom he will , and so long as he pleaseth , neither is there any that can say , why d●st thou thus ? what the chief sins of the englishmen then were , which brought them under the norman yoak , i have mentioned in part ; take this addition to them , out of the chronicle of bromton , col . , . cur autem tanto furore dei justitia in anglos exarsit , causa , ut creditur haec est . in primitiva angliae ecclesia religio clarissime splenduit , &c. processis vero temporis adeo omnis virtus in ●is emarcuit , ut gentem nullam in proditione et nequitia sibi parem esse permitterent . immisit ergo dominus omnipotens , velut examina apum , gentes crudelissimas , quae ab initio ethelwolfi regis , usque adventum normannorum per ccxxx . annos terram jugiter , protriverunt , et potissimum normanni , quando omnes fere angli ( ut inferius aliqualiter patebit ) in servitutem sunt redacti , et approbrium erat anglicus appellari : to whom i shall subjoyn this passage of e william of malmsbury more fully setting out the sins and vices of the generality of the english in that age , which brought gods judgements on them , and enslaved them to the normans by one single battel . illa fuit dies fatalis anglis funestum , excidium dulcis patriae , pro novorum dominorum commutatione . jam enim pridem moribus anglorum insueverat , qui varii admodum pro temporibus fuere . nam primis adventus sui annis vultu & gestu barbarico , usu bellico , ri●u fanatico vivebant : sed postmodum christi fide suscepta , paulatim & per incrementa temporis , pro ocio quod actitabant exercitium armorum in secundis ponentes , omnem in religione operam insumpsere . taceo de pauperibus quos fortunae tenuitas plerumque continet , ne cancellos justitiae transgrediantur : praetermitto graduum ecclesiasticorum viros , quos nonnunquam professionis contuitus , sed & infamiae metus à vero deviare non sinit . de regibus dico , qui pro amplitudine suae potestatis licenter indulgere voluntatibus possent : quorum quidam in patria , quidam romae , mutato habitu coeleste luc rati sunt regnum , beatum nacti commercium . multi specie tenus tota vita mundum amplexi , ut thesauros egenis effunderent , monasteriis dividerent . quid dicam de tot episcopis , hermitis , abbatibus : nonne tota insula indigenarum tantis reliquiis fulgurat , ut vix aliquem vicum insignem praetereas , ubi novi sancti nomen non audias ? quam multorum etiam periit memeria , proscriptorum inopia . veruntamen literarum et religionis studia aetate procedente absoleverunt , non pau●is ante adventum normannorum annis . clerici literatura tumultuaria contenti , vix sacramentorum verba balbuti●bant : stupori et miraculo erat caeteris , qui grammaticam noscet . monachi subtilibus indumentis et indifferenti genere ciborum regulam ludificabant , optimates gulae & venerii dediti ecclesiam more christiano mane non adibant , sed in cubiculo , et inter uxorios amplexus , matutinorum solemni● et missarum a festinante presbytero auribus tantum libabant ▪ vulgus in medio expositum , praeda erat potentioribus , ut vel eorum substantiis exhaustis , vel etiam corporibus in longinquas terras distractis acervos thesaurorum congererent , quamvis magis ingenitum sit illi genti commessationibus , quam operibus inhiare . illud erat a natura abhorrens , quod multi ancillas suas ex se gravidas , ubi libidini satisfecissent , aut ad publicum prostibulum , aut ad aeternum obsequium vendicabant . potabatur in commune ab omnibus , in hoc studio noctes perinde ut dies perpetuantibus , parvis & abjectis domibus totos sumptus absumebant : francis & normannis absimiles , qui amplis & superbis aedificiis modicas expensas agunt . sequebantur vitia ebrietatis socia , quae virorum animos effaeminant . hinc factum est , ut magis temeritate et furore praecipiti , quam scientia militari willielmo congressi , uno praelio , & ipso perfacili , servituti se patriamque pessundederint . ad summam , tuno erant angli vestibus ad medium genu expediti , crines tonsi , barbas rasi , armillis aureis brachia onerati , picturatis stigmatibus , ●utem insigniti : in cibis urgentes crapulum , in potibus irritantes vomica . et haec quidē extrema victoribus suis participarunt , de caeter is in eorum mores transeuntes . sed haec mala de omnibus generaliter anglis dicta intelligi nolim . scio clericos multos tunc temporis simplici via semitam sanctitatis trivisse ; scio multos laicos omnis generis & conditionis in hae eadem gente deo placuisse : facessat ab hac relatione invidia , non cunctos pariter haec involvat calumnia . verum sicut in tranquillitate malos cum bonis fovet plaerumque dei serenitas , ita in captivitate bon●s cum malis nonnunquam ejusdem constringit severitas . i have insisted more largely upon the historical part of harolds usurpation , perjury , short and troublesom reign , tragical death , duke williams claims to , and manner of acquiring the crown of england , for this reason especially ; to refute the common received error of some ignorant historians , of many illiterate statists and swordmen of this age , and of sundry temporizing ignoramusses of my own robe ; who publickly averr in their pamphlets , speeches , charges , and discourses ; that duke william claimed and obtained the crown of england only as a conqueror ; and thereupon altered the antient laws , customs of the realm , and gave new laws unto it by his own absolute power , as a conqueror thereof . upon which false ground they inferre ; that those in late and present power , coming in by the same title of conquest , may lawfully give new laws to , & impose what taxes , government they please upon the english ( as well as scotish and irish ) as a meer conquered nation , by their own inherent authority ; seeing by the * laws of warr , regularly all rights and laws of the place and nation conquered be wholly subject to the conquerors will. and hereby they justifie all their late impositions , taxes , excises , sequestration , seisures , sales of all the publike revenues of the nation , and many thousand private mens estates , by their westminster , and white-hall ordinances , edicts , with the changes of our government , new-modellings of our parliaments ; and all other irregular proceedings , destructive to our fundamental rights , laws , liberties , government , ( which they formerly covenanted inviolably to maintain ) without grant or consent , by any free , full , lawfull english parliaments . now to demolish all these their superstructures , by subverting their false foundation of d. williams pretended title to the crown of england only by conquest ; it is most apparent by the premised historical authorities . . that king william alwayes claimed the crown of england , both before , at , and after his coronation , as of right belonging to him , by the promise , gift , contract , gift and bequest of edward the confessor , and as his heir and next kinsman by the mothers side . . that he alleged , this gift and grant of the crown to him , to be made with the consent of the archbishops of canterbury , earls godwin , syward , and other nobles of the realm ; ratified by special messengers sent unto , and hostages delivered him for its performance , and by harolds own solemn agreement and oath , sent to him by king edward for that purpose , as himself at least suggested to him : which designation and grant of king edward to william , was no fiction ; but a truth confessed by all our historians , and harold himself , who by his answers never denyed , but only endeavoured to evade it , and voluntarily acknowledged by all the nobles of england , both at his coronation , and in parliament it self in the . year of his reign . . that after king edwards decease , divers of the nobles would have elected william king , in pursuance hereof , but that harold perjuriously usurped the crown by meer force and power , without the least right unto it , or any election by the lords or people ; setting the crown on his own head the very day king edward was interred , and thereby prevented williams election to it . . that hereupon divers of the nobles , prelates , and other english , sent private messengers to william into normandy to come and demand his right to the crown , as due unto him ; promising hostages and their assistance to recover it . . that thereupon he sent embassadors twice or thrice to harold , one after another , before his landing , insisting on his meer right and title to the crown , to gain it by parly without effusion of bloud . . that upon harolds obstinacy , he appealed to the pope , and to all his nobles assembled in a parliamentary council , for the justice of his title and right to the crown , who declared his title lawfull and just ; and thereupon encouraged , assisted him all they could to regain it by force of arms from the usurper harold , who would not otherwise depart from it . . that immediately after his landing he made claim unto it only by the foresaid right , title , and thereupon prohibited his souldiers to plunder the country or hurt any of the inhabitants , as being his by right . . that very few of the english nobility or nation , would march or engage with harold , against william , and sundry withdrew themselves from the battel , as conscious of harolds usurpation , perjury , and williams just cause against him , ( however other causes were then pretended ) and amongst the rest , his own brother-in-laws , the greatest peers of the realm , earl morcar and edwin , deserted him in the fight . . that after the first battel won and harold slain , all the prelates and clergy generally ( except abbot frederick ) appeared for him , and would not consent to set up edgar , though right heir . . that after good deliberation , all the nobles , prelates , londoners , and others who first appeared for edgar , with the greatest part of the clergy , people of the english nation , without the least fight or resistance , or before any siege or summons from him , together with prince edgar himself , voluntarily went out , and submitted themselves , sware faith and allegeance to him as their soveraign , at berkhamsted , and after that joyfully received him with highest acclamations as their lawfull king , at his entry into london . . that all the prelates , clergy and nobility soon after , without any coercion , upon his foresaid right and title , freely elected , and solemnly crowned him as their lawfull king , in a due and accustomed manner and then did homage , and swore new allegiance afresh unto him , as their rightful soveraign . . that he took the ordinary coronation oath of all lawfull kings ; to mainitan and defend the rights , persons of all his people , to govern them justly , &c. as became a good king ; which a king claiming by meer conquest , would never do . all these particulars are undeniable evidences , that duke william never made the least pretence , claim , or title to the crown and realm of england , only as an absolute conqueror of the nation , but meerly by title , as their true and lawfull king , by designation , adoption , and cognation , seconded with the nobles , prelates , clergy , and peoples unanimous election : and although it be true , that this duke ejected harold and got actual possession of the throne and kingdom from him by the sword , as did aurelius ambrosius and others before , and king henry the . edward the . henry the . with others since his reign ; yet that neither did , nor could make him , a king by conquest only , no more than these other princes , seeing the end of this warr was not against the whoie english nation , the greatest part where of secretly abbetted his interest ; but only against the unjust usurper and intruder king harold , and his adherents ; not to create a title to the realm , by his and their conquest , but to remove a usurper , who invaded it without and against all right , and to gain the actual possession thereof by arms from which he was unjustly withheld by force , against those pretended lawfull titles which he made . so that he got not the right , title , but only the actual possession of the crown by his sword , not as a universal conqueror of the realm without right or title , but as if he had been immediate heir , and lawfull successour to the confessor , who designed him to succeed him . for fuller confirmation whereof , i shall here subjoin these ensuing proofs . . king william himself at his very coronation in london ( as mr cambden informs us ) said ; that the kingdom was by gods providence appointed , and by vertue of a gift from his lord and cosen king edward the glorious , granted unto him ; and that this most bounteous king edward had by adoption ordained him his heir in the kingdom of england . ly , in his f charter to the church of westminster , he resolves us much in direct terms , where he recites , in ore gladii regnum adeptus sum anglorum , devict● haroldo rege cum suis complicibus , qui mihi regnum cum providentia dei destinatum , & beneficio concessionis domini & cognati mei , gloriosi edwardi concessum , conati sunt auferre , &c. so that his title was from edward , though his possession by the sword . ly . in the very g title of his laws , ( published in the th year of his reign , ( which he was so far from altering , that he both by oath and act of parliament , ratified , confirmed all the laws and customs of the realm used in the confessors time and before , presented by a grand enquest unto him out of every county of england upon oath , without any alteration , praevarication , or diminution ) he stiles himself , ( or is stiled by the collector of these laws ) heir and cosen to edward the confessor , even in the ancient manuscript which sir henry spelman hath published incipiunt leges s. edwardi regis , quas in anglia tenuit ; & quas willielmus haeres & cognatus suus postea confirmavit . to which i shall likewise subjoyn the words of the charter of his sonn h king henry the . anno . translating the abbey of ely into a bishoprick , wherein he gives his father william the self-same title . ego henricus providente divina clementia rex anglorum & normannorum dux , willielmi magni regis filius , qui edwardo regi haereditar●o jure succescit in regnum : renouncing all title by conquest , and claiming only as heir to king edward by hereditary right . ly . earl william himself in none of his charters , writs , speeches , writings , ever stiled himself a conquerour of england , nor laid claim to the crown and realm of england by conquest , after his inauguration ; which title of conqueror was afterwards ( out of the flattery or ignorance of the times ) given unto him by others . therefore the words which the i history of st. stephens in caen in normandy , reports he used at his last breath : the regal diadem which none of my predecessors ever wore , i got and gained by the grace of god only . i ordain no man heir of the kingdom of england , ( which all our historians unanimously contradict , affirming , that he ordained vvilliam rufus his second son particularly to succeed him in it , at his death , upon which title only he enjoyed it ) but i commend the same to the eternal creator , whose i am , in whose hands are all things . for i became not possessor of so great honour by any hereditary right , but by an humble conflict , and with much effusion of blood i took it from the perjured king harold , and after i had either slain or put to flight his favourits and servants , i subdued the kingdom to my self , must either be reputed false and fabulous , as most esteem them ; or else have this construction , that he gained the actuall possession of it against harold , and his adherents only by the sword , and that he had not an hereditary right thereto , as next heir by descent to the crown , but only by adoption from , and as heir by donation to king edward ; as next of kin by the mothers side ; which he made his only title . ly . those antient english historians , who first gave him the name of conquerour , did it not in a strict proper sence , as if he were a meer universal conquerour of the nation , disposing of all mens estates , persons , and the laws of the realm at his pleasure , for that he never did : but only as one who gained the actual possession thereof from a perjured usurper and his forces by strength of arms , conquering them by open battel in the field ; but still claiming it by gift , contract , and designation from king edward , as his kinsman ; as an heir who forcibly outs a disseisor and intruder , comes in by title and inheritance only , though he gains the possession by force . this is evident by the forecited words of k mathew paris , and this passage of henry de knyghton ( not extant in hygden , out of whom he seems to tansoribe it . ) et sic quia normannus iure haereditatis tenuit normanniae ducatum , ideo dux , regnum vero angliae mero conquestu . ( in respect of actual possession ) et clameo subscripto , ( in respect of title , & by claim by gift from king edward ) ideo rex : which claim and title being backed by the unanimous election of the prelates , clergy , nobility , people , and right heir to the crown himself , ( who all submitted and sware homage , fealty , and allegiance to him as their lawfull king ) infallibly demonstrate him to be no conquerour in respect of title ▪ in a strict , legal military sense , even in the judgement of those antient and modern historians , who give him that title , but only in regard of harold and his party , and the actual possession which he got by conquest . and in this sense alone is that distick in the m chronicle of bromton to be understood . dux normannorum willielmus vi validorum rex est anglorum , bello conquestor eorum . ly . our great antiquary richard vestegan in his restitutions of decayed antiquities , learned mr. john selden in his review of the hist . of tithes p. , . sir john ▪ hayward in the life of king vvilliam the first mr. nathaniel bacon , in his first part of his historical discourse , of the uniformity of the government of england , chap. , , , , . ( to omit others ) most fully prove and assert ; that the entry of william the first into the royal government of england , neither was nor properly could be by conquest , but by title , and by the free election of the nobles , clergy , and people . that although the several titles he pretended were perhaps , if curiously examined , not sufficient to give him a true , legal title and right to the crown of england , à parte ante , because not agreed unto and confirmed by the general consent of the nobles , kingdom , and nation in a parliamentary great council ; but only by the king , and some particular prelates and 〈◊〉 out of parliament ( as har●ld in his answers alleged ) yet being ratified , ex parte post , both by the subsequent consent , agreement , submission , election , oath , homage , and fealty of all the people , nobles , clergy , by their legal free crowning of him at first , by edgar atheling his own submission , fealty and resignation of his royal right and title thereby unto him , and ratified by succeeding parliamentary councils , it became an indubitable right and title , both in law and justice , to him and his posterity , against all others , who could lay no legaller title thereunto : he continuing , confirming all the antient fundamental laws , liberties , customs , and government of the english nation , without any alteration , both by oaths and edicts . i shal therefore conclude this point with the words of n shard ( a learned lawyer in king edward the third his reign ; ) who when the kings counsel in a quo warranto against the abbot of peterborough , would have made a charter of king edgar void , because they alleged , all franchises were devolved to the crown by the conquest ; replyed thereto , the conquerour came not at all to put any who had lawfull possession out of their rights ; but to dispossess those who by their wrong had soised upon any land in dis-inherison of the king and his crown , and with the words of our judicious historian sa. daniel o concerning this king vvilliam . neither did he ever claim any power by conquest , but as a regular prince submitted himself to the orders of the kingdom : desiring to have his testamentary title , ( howsoever weak ) to make good his succession ▪ rather than his sword . and though the stile of conqueror , by the flattery of the time was after given him , he shewed by all the course of his government he assumed it not : introducing none of those alterations ( which followed ) by violence , but by a mild gathering upon the disposition of the state , and the occasions offered ; and that by way of reformation . and although * sir hen. vvotton gives this verdist of them . vve do commonly and justly stile him the conquerour : for he made a general conquest of the wh●le kingdom and people , either by composition or armes , &c. yet he addes , he was crowned on christmas day , . at which time he would fain have compounded a civil title of , i know not what alliance or adoption , or rather donation from edward the confessor . as if hereditarie kingdoms did pass like newyears gifts . the truth is , he was the heir of his sword. yet from these pretences howsoever , there sprang this good , that he was thereby in a sorting aged to cast his government into a middle or mixed nature , as it were , between a lawfull successor , and an invader : though generally ( as all new empires do savour much of their beginning ) it had more of the violent than of the legal . if any domineering souldiers , or others , upon this false surmise , of duke vvilliams right to the crown and realm of england by meer conquest ; shall henceforth presume to claim and exercise a meer arbitrary , absolute , tyrannical and despotical power over our english nation , laws , liberties , parliaments , estates , persons , as over a meer conquered nation , against all commissions , trusts , oaths , engagements , declarations , and the rules both of law and war it self , being raised , waged , commissioned only to defend and preserve us from conquest by the opposite party , let them know , that they are far greater , worser enemies to their own native country , than this norman duke , or any of our former british , saxon , danish , norman or english kings ; who never claimed the crown by meer conquest in any age , but only by some real or pretended title of inheritance ; or at least by a free and general election both of the nobility , clergy , and people , as this king william did . from the former historical passages concerning harold , tosti , duke william , and the kentishmen , i shall deduce these legal observations . . that no tax , subsidie , or imposition whatsoever could in that age be imposed on the english or norman subjects by their kings or dukes , but by their common consent in their parliamentary councils ; where they were denied , when inconvenient to the publike ; as well as granted , when convenient . . that no english or norman subjects were then obliged to aid and assist their soveraigns , with their persons , arms , estates , or subsidies granted , in any foreign invasive war , but only left free to contribute what private assistance they thought fit in such cases . . that no publike wars in that age were ever undertaken , but by common advice and consent in great parliamentary councils . . that the kings of england in that age , however they came to the crown , by right or wrong , held it both their bounden duty , interest , safety , to defend and preserve the laws , rights , liberties of the church and people ; to enact and maintain good laws , and abolish all evill laws , rapines , exactions , tributes , and to govern them justly , according to their coronation oaths , and not arbitrarily or tyrannically according to their pleasures . . that no freemen in that age , could be justly imprisoned , banished , or put to death , but for some hainous misdemeanors , and that by a legal trial and conviction . . that the subjects of england then held it their bounden duties , in times of forein invasion , to defend the realm , their lives , liberties , properties both by land and sea against forein enemies ; yet they held themselves dis-obliged , and were generally averse to defend the person or title of any usurper of the crown , against any forein prince , or other person , who had a better right and title to it . . that our english ancestors in that age , esteemed their hereditary liberties , good antient laws and customs , more dear and pretious to them than their very lives , and would rather die fighting for their laws and liberties like freemen , than live under slavery or bondage to any soveraign whatsoever . . that the kings of england in that age could neither give away , nor legally dispose of their crowns , kingdoms , or crown lands to others , without the privity and free consent of their nobles , and kingdom in general parliamentary council ; as is evident by harolds answers to vvilliams embassadours ; the recited passage of * matthew paris upon that occasion , and this of samuel daniel , p. . so much was done either by king edward or harold , ( though neither act , if any such were , was of power to prejudice the state , or alter the course of right succession ) as gave the duke a colour to claim the crown by a donation made by testament : which being against the law and custom of the kingdom , could be of no validity at all . for the crown of england , being held , not as patrimonial , but in succession by remotion ( which is a succeeding to anothers place ) it was not in the power of king edward to collate the same by any dispositive and testamentary will , the right descending to the next of blood only , by the laws and custom of the kingdom . for the successor is not said to be the heir of the king , but of the kingdom which makes him so , and * cannot be put from it by any act of his predecessors . . that the nobilities , clergies , and peoples free-election , hath been usually most endeavoured and sought after by our kings especially * intruders ) as their best and surest title . to these legal i shall only subjoyn some political and theological observations , naturally flowing from the premised histories of king edward , harold , and william , not unsuitable to , nor unseasonable for the most serious thoughts , and saddest contemplations of the present age , considering the revolutions and postures of our publike affairs . . that it is very unsafe and perillous for princes or states to intrust the military and civil power of the realm in the hands of any one potent ; ambitious , or covetous person : who will be apt to abuse them to the peoples oppression , the kingdoms perturbation , and his sovereigns affront or danger ; as is evident by earl godwin and his sons . . that devout , pious , soft-natured princes are aptest to be abused , and their people to be oppressed by evil officers . . that it is very dangerous and pernicious to heditary kingdoms , for their king to die without any certain , known , and declared right heirs or successors to their crowns , yea an occasion of many wars and revolutions ; as is evident by king edwards death without issue , or declared right heir . . that right heirs to crowns , who are of tender years , weak judgement , or impotent in friends and purse , are easily and frequently put by their rights , by bold , active , and powerfull intruders , as edgar atheling was both by haroid and william successively . yet this is remarkable in both these invaders of his royal right . . that a harold , who first dethroned him , to make him some kind of recompence , and please the nobles of his party , created edgar earl of oxford , and held him in special favour . ly . that king willam the first , ( to whom b he submitted himself , and did homage and fealty ) used him very honourably and entertained him in his court , not only at first , but even after he had twice taken up armes against him c joyning first with the english nobilitie , then with the danes and scots against his interest . for edgar coming to him into normandy , anno . out of scotland , where he lived some years , where nihil ad praesens commodi , nihil ad futurum spei ; praeter quotidianam stipem nactus esset : he not only pardoned his fore-past offences ; but magno donativo donatus est , pluribusque annis in curia manens libram argenti quotidie in stipendio accipiebat , writes d malmesb. receiving a great donative from him , and a pound of silver for a stipend every day , and continuing many years in his court. after which , anno . he went into e apulia to the holy wars by king williams licence , with souldiers , and many ships ; whence returning after the death of robert son of godwin , and the loss of his best souldiers , he received many benefits from the emperours both of greece and germany , who endeavoured to retain him in their courts for the greatness of his birth : but he contemning all their proffers , out of a desire to enjoy his native country , returned into england , and there lived all kings williams reign . f in the year . wil. rufus going into normandy to take it by force from his brother robert , deprived edgar of the honour which his brother ( with whom he sided ) had conferred upon him , and banished him out of normandy ; whereupon he went into scotland ; where by his means a peace being made between vvilliam rufus and malcholm king of scots , he was again reconciled to edgar by earl roberts means , & returned into england , being in so great favour with the king , that in the g year . he sent him into scotland with an army , ut in ea consobrinum suum eadgarum malcholmi regis filium , ( patruo suo dufenoldo , qui regnum invaserat expulso ) regem constitueret . whence returning into england , he lived there till after the reign of king henry the first , betaking himself in his old age to a retired life in the country , as h malmesbury thus records ; angliam rediit , ubi diverso fortunae ludioro rotatus , nunc remotus & tacitus , canos suo in agro consumit . where most probably he died in peace , since i find no mention of his death : no less than successive kings , permitting this right heir to their crowns to live both in their courts and kingdom of england in peace and security ( such was the christian generosity , charity , and piety of that age ) without reputing it high treason for any to relieve or converse with him , as the charity of some saints in this iron age would have adjudged it , had they lived in those times , who have quite forgotten this gospel lesson of our savior they then practised : i but i say unto you love your enemies , do good to those that hate you , &c. wherefore if thine enemy hunger give him meat , if he thirst , give him drink , &c. be not overcome of evil , but overcome evil with goodness . . that base carnal fears and cowardize , oft cause both prelates , nobles and people to desert their own best interest , and lawfull princes , and to act , vote , and submit to meer unrighteous usurpers , against their primitive resolutions , judgements , consciences ; as here in the case of edgar , and rich. . since . . that generals puffed up with victorious successes , and having the command of the land and sea forces in their power , are apt to aspire after the royal crown and soveraignty , and forcibly to usurp it upon the next occasion , even with the disinheriting of the right heir , and hazard of the whole realm ; of which harold is a most pregnant example . . that ambitious aspirers after the royal crown and throne , will make no conscience to violate all sacred and civil oathes , obligations , contracts , and find out any evasions to elude them , rather than goe without them , or part with them when injuriously usurped by them ; and will adventure to crown themselves with their own hands , than not wear the diadem : witnesse harold . that usurpers of crowns without right , though they court the people with coronation oaths and fair promises of good laws , liberty , immunity from all taxes and grievances ; yet usually prove the greatest tyrants and oppressors to them of all others ; as harold , and william in some sort did . . that invaders of crowns and soveraign power , without any right , title , or colour of justice , being once in possession , will never part with them to those who have better right , upon any verbal treaties , but rather adventure their lives , bodies , souls , and their whole kingdoms utter ruine , than part with their usurped supremacy . . that the most unrighteous usurpers of the royal throne by apparent perjury , fraud , force , treachery , will feign , forge , publish some specious pretext or other of title , or popular election , to palliate , or extenuate their intrusions ; to avoid the infamy of tyrants and usurpers ; and take off the odium of their most unrighteous intrusions ; of which we see footsteps , both in harold , william then , and rich. . of late . . that unjust invaders of crowns for the most part bring many miseries , troubles , warrs , and ruins , not only on themselves and their posterities , but likewise on their kingdoms and people ; as harold did . . that royal usurpers when they are most successfull , insolent and secure ( as harold after his victory in the north ) are nearest greatest dangers and ruine . . that such usurpers are commonly very vigilant and industrious to preserve their own interest and power , under pretext of the common defence and safety of the nation : yet more rely on their mercinary forces , than the unmercinary militia of the nation . . that usurpers , though they may have many flatterers and seeming friends , to write , and act for them whiles in prosperity ; yet are commonly generally deserted both by nobles , people , yea their own indeared friends and kinred in their greatest dangers , when they need them most ; as harold was . . that few english nobles , gentry or commons , will readily adventure their lives in a vsurpers quarrel , when and where his title stands in competition with a better and clearer right ; as most of them deserted harold . . that the reign of perjured invaders of others thrones , is commonly * very short , full of wars , troubles , fears , jealousies , and their ends , for the most part , bloudy , tragical ; as was harolds , and rich. . . that the sordid covetousnesse of kings and generals in oppressing their people , and depriving their subjects and souldiers of their just and lawfull spoils after victory over the enemies , is a ready means to alienate their affections , and cause a defection from them to their opposites . . that when god hath designed a perjured vsurpers or nations ruine for their crying sins , he suddenly stirs up unexpected enemies and instruments to effect , occasions to facilitate it ; and so infatuates them , that they become altogether uncapable of any good advice , and reject all propositions and accommodations , that might prevent the same ; as harold obstinately did . . that none are more forward publikely to appeal to god himself , for to judge and decide the justice of their cause and proceedings , than the most perjurious and unrighteous vsurpers . that when such presumptuously and atheistically dare openly appeal to god himself for justice against their opposites or competitors , he usually cuts them off by exemplary deaths and fatal overthrows , as he did harold ; both to manifest his severe justice and indignation against such atheistical and hypocritical apellants and appeals ; and to deterr all others from such practices . . that all sacred oathes and sworn contracts solemnly made to others in things lawfull or indifferent , be it through fear , or voluntarily upon premeditation , ought religiously and inviolably to be observed , and not wilfully infringed , or eluded by shifts and pretences , as here , by harold . . that god sooner or later doth usually avenge in an exemplary manner the perjurious wilfull breach of solemn oathes , even in kings themselves and the greatest persons : whose detestable perjury oft brings sudden destruction both upon themselves , their kinred , posterity , and whole armies and kingdoms too ; as in the case of harold . . that perjured persons fighting in a cause directly against their corporal oaths , can expect no other successe in battel , but either flight , or death . and that one battel may both lose and win a whole kingdom ; so unstable are even kingdoms themselves . . that the barbarous murders , the cruel oppressions of innocent people , are apt to stirr up a universal insurrection against their governors and instruments ; and usually end in the dethroning , expulsion , death and destruction of the authors of them ; of which tosti yields us a notable president : and that people when once justly enraged against such bloudy tyrannical oppressors , become altogether implacable , and will never brook their future government over them . . that base carnal fears in times of imminent danger , usually dis-joynt , those persons , councels , forces whom the common danger should more unite , and make them desert the probablest means of their publike preservation , liberty , peace , settlement , by setting up the right heir of the crown ( as edgar here ) against the intrusions and pretences of all usurping invaders of the soveraign power . . that a few timorous counsellors , great persons or clergy-men , in times of danger , are apt to disappoint the magnanimous resolutions , and daunt the heroical spirits of such who are most cordially affected both to their native countries lawes , liberties , and right heir to the crown and to draw them to unworthy compliances with them against both . . that stout resolute real patrons of their native countries laws and liberties , will then appear most cordially zealous to protect , own , and fight for them , when they are in greatest danger to be lost , and most disowned , deserted , betrayed by other timorous and time-serving persons : witnesse the example of abbot frederick , stigand , egelsine and the kentish men . . that true heroick english freemen , preferr their old native liberties , laws , customs before their lives ; and would rather die fighting for them in the field , than depart with them upon any terms to a victorious soveraign ; or subject themselves to the least publike servitude , the name whereof hath been ever odious to them , much more the thing it self . . that the best means to preserve our publike laws , liberties , customs against all invaders of them , is manfully , resolutely , and unanimously to stand up in their defence , both by words and deeds , when they are most indangered : that such persons , counties , places who have appeared most stout and resolute in their defence , when others have generally deserted , surrendered or betrayed them ; have thereby preserved , secured , perpetuated them to themselves and their posterities , when all else have lost and been deprived of them ; yea gained immortal honour , and precedency of all others to boot : witnesse the kentish-men . . that the stoutest maintainers of their countries laws and liberties are commonly most odious to , most injured , oppressed by tyrannical soveraigns , though upon other pretences ; witnesse archbishop stigand , abbot frederick , and egelsine . yet this must not deterr them from their duties . . that no age or person ever yet reputed conquest a just , safe , prudent title or pretext to the crown of england , but ever disclaimed it , as most absurd and dangerous to their interests . . that the murdering , or disinheriting of the right heir to the crown , hath been the principal occasion and ground-work of all the great , sad revolutions of government in this island ; and of the translations of the crown and kingdom from the * britons to the saxons ; from the saxons to the danes , and since from both of them to the normans , by the murther of prince alfred , and rejection of prince edgar . . that when treachery , perjury , oppression , murder , violence , and other sins forementioned have generally overspread the kingdom , and infected all sorts and degrees of men , then national judgments , forein invasions , publike revolutions of governours and government , yea all sorts of calamities , warrs , troubles , may be justly feared , expected , inflicted , as the fruits , punishments of these epidemical crying transgressions . . that p crowns and kingdoms have their periods and revolutions , as well as private possessions , families , and that by the secret justice , and wise disposing providence of god ; who disposeth , translateth , dissipateth , dissolveth kingdoms at his pleasure , and giveth them to whomsoever he pleaseth . . from the whole , we may observe , with the q chronicle of bromton , and r mr. fox , that as the english-saxons had most unjustly , against their oathes and trusts , formerly subdued and expelled the britons by the just judgement of god upon them for their sins , out of the possession of the throne and kingdom of britain , by the power of the sword : so god himself , by divine retaliation , for the like sinnes of the english-saxons , after many years bloudy intestine warrs between themselves , ( wherein many of their kings , multitudes of their nobles , and millions of the common souldiers , and people were slain and lost their lives ) first plagued , infested them for many years , and at last totally subdued , and dispossessed them of the crown and kingdom for some years space by the bloudy danes , & after that subjected them to the normans yoke , who possessed themselves of the crown and realm of england instrumentally by the sword , and put by both the saxon invader harold and his posterity , with edgar the saxon heir , in such sort as here you have read . the lord sanctifie all these collections and observations to the greatest publike good and settlement of our unsetled distracted english nation , and the private benefit of all who shall peruse them , that they may aim only * at that kingdom which cannot be shaken , and that crown of glory which fadeth not away : not at temporal crowns , and kingdoms , which are so fading , transitory , full of thorns , crosses , cares , fears , vexations , tortures , perils , deaths . finis . omissions and errataes . kinde reader , i present thee with some historical passages , casually omitted in their due places ; and such errors as have hapned at the press , which i desire thee to correct . page . line . one a thunder maliciously accused aethelbert , and aethelred , two kinsmen of egbert king of kent , educated and brought up in his court , that they intended some time or other to take away his kingdom from him ; and thereupon advised the king , either to banish them both into some farr country , or to deliver them unto him to destroy and murder , without any legal trial , or conviction of their guilt . which thunder often instigating the king to doe , and he but coldly prohibiting , or disliking ; thereupon thunder , in the kings absence rashly presumed ignominiously to murder them in the kings palace , and then buried them under his royal chair , in a village called estria . the king returning to his court , in the dead of the night there appeared a bright pillar sent from heaven , which filled his whole royal palace with an unspeakable brightnesse : which the kings servants beholding , were so terrified , that they fell down to the ground , and became almost distracted . the king being awaked , with the tumult of his guard , and being ignorant of the cause thereof , arose , that he might go and hear mattens as he was accustomed : and going out of his house , he saw the city shining with the beams of the new splendor . upon which missing his kinsmen , he sent for thunder , and demanded of him where they were ? who answered him like cain ; am i thy kinsmens keeper ? to which the king replied , thou hast always sinisterly accused them unto me , and therefore , most wicked wretch , thou oughtest to shew me where they are : whereupon he informed him of their murder and burial ; whereat the king was very angry with him ; but returning at last to himself , he refunded the crime & whole wickednesse on himself , and being confounded beyond measure , spent the residue of the night in tears . when the day appeared , he sent for the archbishop adeo-datus , et magnates quos habere potuit convocari praecepit , and causing the nobles to be called together , related the whole businesse to them . the archbishop gave counsel , that the bodies of these innocents should be removed to the cathedral church , and there interred in a royal manner . thereupon putting their bodies with saints reliques into coffins and carts , they intended to carry them to christs church , in canterbury , but in vain , because they could not stirre their corps , nor remove them out of the place , although they attempted it with much endeavour and force . vpon this , changing their counsel , they intended to remove them to st. augustines church , neither yet could they effect it . at last they resolved they should be removed to the most famous monastery of waermen , upon which the carts presently removed with ease , as if they had no burden ; and they were buried by the high altar in this monastery . b kinewalchus king of the west-saxons , deceasing anno . regni arbitrium uxori sexburgae delegandum putavit : nec deerat mulieri spiritus ad obeunda regia munia : ipsa nov●s exercitus moliri , veteres tenere in officio , ipsa subjectos clementer moderari , hostibus minaciter infremere , prorsus omnia facere , ut nihil praeter sexum discerneres : veruntamen plus quam animos foemineos anhelantem vitae destituit , vic annua potestate perfunctam . when she had reigned thus one year indignantibus regni magnatibus ( assembled most likely in a parliamentary council ) expulsa est a regno , nolentes sub sexu foemineo militare ; the nobles thereupon made eschwin king in her place , being regali prosapia proximus , next of the royal bloud : quo decedente vel morte sua , vel vi aliena , vacantem aulam successione legitima implevit kentianus ; he being the next right heir . page . l. . about the year , c kenulph king of mercia , cum episcopis , ducibus , et omni sub nostra ditione dignitatis gradu , with the bishops , dukes , and nobles of every degrée of honor under his dominion , ( assembled in a parliamentary council ) writ a letter to pope leo the d. to reunite those bishopricks to the metropolitical see of canterbury , which king offa , ( out of his hatred to archbishop living ) had severed from it , and united to a new-erected archbishoprick at lichefield , alleging in the letter ; visum est cunctis gentis nostrae sapientibus , quatenus in illa civitate metropolitanus honor haberetur ubi corpus beatae recordationis augustini ( qui verbum dei imperante beato gregorio , anglorum genti remonstrabat , et gloriosissime ecclesiae praefuit saxoniae ) pansat , qui his partibus fidei veritatem inseruit . this letter , with pope leo his answer thereunto ( worth the reading ) are at large registred in malmsbury and mathew parker : hereupon the new archbishoprick of lichfield was dissolved , and the antient metropolitical iurisdiction of the see of d canterbury restored . anno . by the iudgement and decree of the council of bacanceld , and advice of pope leo ; who being advanced to the papacy , and saying his first masse , a certain woman to whom he formerly had accesse , as was reported , coming up to offer , wringing him sweetly by the hand and kissing it ; thereby stirred up an incentive of lust in the pope ; who after the masse ended , sitting in his chamber and reprehending himself , sodenly cut off his hand , according to that gospel-saying : * if thy foot or hand shall offend , cut it off and cast it from thee , &c. after which , concealing the fact , and retiring to a solitary place , he prayed to the blessed virgin to restore his hand cut off from his arm ; which she miraculously did . and thereupon it was then decreed : statutum est tunc quod nunquam ex tunc manus papae ab offerentibus deoscularetur , sed pes ; that never from thenceforth the popes hand should be kissed by such who offered ( or resorted to him , but his foot : ) as e matthew westminster , and others record : the original ground of kissing the popes foot instead of his hand ever since f some write , this popes tongue and eyes were once or twice cut off , and pulled out by the citizens of rome , and yet again miraculously restored to him , as well as his hand : which the blind papists may credit , though few else believe to be a truth , but a ridiculous lying romish legend for the whetstone . errata . page . line . r. malitiam , p. . l. . r. preceeded , p. . l. . heabert , p. . l. . dele sent , p. . l. . r. him himse●f , p. . l. . him and them , p. . l. . largest , r. longest , l. . churchets , p. . l. . of the , p. . l. . this , p. . l. . at , or , p. . l. . imitator , p. . l. . king , p. . l. . hoc , haec . p. . l. . jura , l. . edelnato , p. . l. . again , p. . l. . r. edric , p. . l. . ely , p. . l. . affecto , p. . l. . exterorum , p. . l. . cariage , r. courage , p. . l. . regis , p. . l. . r. . p. . l. . dele as , p. . l. harold , harde-cnute . godwin , harold . p. . l. . of , as , p. . l. . fact us , sanctis , p. . l. . abbatem , p. . l. . erunt , p. . l. . solium , l. . limina p. . l. . hoveden , l. . pater , l. . edward , p. . l. . hoveden , l. . regina , p. . l. . . one hundred thousand , p. . l. . cure of the kings evil . p. . l. . gentilitium , l. . francorum , l. . king , l. . fabian , p. . l. . harm . p. . l. . beverston , p. . l. . bononians , castle , p. . l. . dele in , p. . l. . ignominia , p. . l. . denominated , p. . l. . hereford , p. . l. . which , with , p. . l. . impletam , l. . socii , l. . huic , p. . l. . king , duke , p. . l. . may , many , p. . l. . tired forces , p. . l. . occidentem , p. . l. . their , the. p. . l. . them , him . p. . l. . . margin . p. . l. . r. . p. . l. . & p. . r. antoninus , p. . l. . brit. p. . l. . propos . l. . , r. . p. . l. . regum , p. l. . epistle , l. . scriptor , p. . l. . miraculis , p. . l. . & . notes, typically marginal, from the original text notes for div a -e a isay . . , , . acts . . deut. . . dan. . , , . b dan. . , c. . , . psal . . , . psal . . . jer. . . is . . , . c prov . . c. . . isay . . , . amos . , . rev. . . see the the life dr. james usher p. , . ● . . d isay . . . to . obad. . . jer. , . e eccles . . . deut. . , psal . , . f psal . . . g mich. , . h isay . , , . i psai . . , . . k deut. . , . l prov. . . 〈◊〉 . , . * mat paris hist . angl. p. . m see part . p. . . antiqu. eccles . brit. spelmanni concilia , fox , speed , holinshed in their lives , usserius , de ecclesrit . primordiis , c. , . godwins conversion of britain , n fox acts and m●num●nts , hall , hayward , speed , holinshed , and others in their lives . rastal , rome , crown , monasteries , first-fruits , mass , service , and sacraments . o capgrave in his chronic. sir henry spelman in his epistle dedicato●y before his councils . p see mat. westm . capgraves chronicle , sir henry sp●lman his epistle to his councils . q presace to his chroicle . r de vita & miraculis edwardi confessoris , col . , . ſ historia anglicana . scriptores , cal . . de gestis r●g angl. l. . p. , . notes for div a -e * see mat. westminst . an. , &c. malmesbury , de gest . regum anglorum . l. . hen. huntindon hist . lib. . ethelwerdi hist . lib. . . fox acts and monum . vol. . p. . speeds hist . of great britain , p. , &c. a ch●onic . wil. thorne : col . , , . spelman concil . p. . to . chronicon johan . bromton , col . . an. dom. proposition . , . b ecclesiast . hist . lib. . c. . c de gestis reg. angl. l. . c. . d hist . l. . p. . e chron. col . . f mr. seldens titles of honour , part . . c. . p. . g spelman . concil . p. . h beda eccles . hist . gentis anglorum l. . c. , , . see mat. westm . an. , . malmesb. de gest . reg . l. . c. . hen. huntindon , hist . l. . p. , . chron. johannis bromton , col . , . simeon dunelmensis epist . de archiepiscopis eborum , p. . radulphus de diceto , abbreviationes chron. col . . gervasius acta pontificum cantuar. col . . godwin in the life of paulinus , polychronicon , fahian , grafton , holinshed , speed , fox in the life of edwin . seldens titles of honour , part . . c. . sect. . p. . proposition , . * fox acts and mon. vol. . p. . i de gestis regum anglor . l. . c. . p. . see fox acts and mon. vol. . p. . proposition . k beda eccles . hist. l. . c. . mat. westminst . & florentius wigorniensis an. . gervasius doroberniensis . actus pontif. cantuar . col . . matthew parker antiq. eccles . bxit . p. . spelmani concil . p. , . fox acts and mon. vol. . p. . anno . proposit . , . l evidentiae ecclesiae christi . cantuar. col . . anno . propos . . m de gestis regum angl. l. . c. . p. . mr. seldens history of tithes , c. . sect . . p. . n beda eccles . historiae l. . c. . camdens britannia . p. . thomas stubs actus pontif. eboracensium col . . & malmesbury de gestis pontificum angliae . l. . in wilfrido . chron. johan . bromton , col . . . spelman . concil . p. . speeds hist . p. . an. dom. . o evidentiae ecclesiae christi cantuar. col . . propos . . . p see chr●nica vvil. thorne , & evidentiae ecclesiae christi cantuar. col . . . where all these grants and charters are recorded : & monasticon anglicanum , published by mr. doddeswel , &c. since this was penned . an. . proposit . ● . q simeon dunelmensis historia dunel . ecclesiae , l. . col . , . gervasius doroberniensis , actus pontif. cant. col . . florentius wigorn . an. . p. . godwins catalogue of bishops in the life of cutbert . anno . proposit . . * ethelwerdus hist . l. . c. . calls it lethlege . r chron. iohannis bromton col . . to . lambardi archaion . spelmanni concil . tom. . p. . to . mr. seldens titles of ho - p. . fox acts and monuments , vol. . p. . anno . proposit . , , , . s vvilliam thorne evidentiae ecclesiae christi cantuar. col . . spelm. concil . p. . to . anno . proposit . , , . t spelm. concil . p. . anno . proposit . . u spelm. concil . p. . evidentiae eccles . christi , cant. col . , . antiqu. eccles . but. p. , . anno . proposit . . . anno . to . x vvill. malmes . de gest. pontif. angl. l. . p. . to . chron. ioh. brompt . col . , , , . sim. dunelm . de archiepis . ebor. col . . spelman . concil . p. . to . mat. parker , tho. stubs , godwin in the lives of archbishop theodor , vvilfrid , and brithwald . mat. vvestm . anno , . hist . anglicanae scriptores antiq . an. , col . , , , , , , , . fox acts and monunments , vol. . p. , , propos . , , , proposit . . anno . proposit . . y de stat. & episcopis hagustaldensis ecclesiae , l. x. c. . col . . an. , , . z antiqu. ecclesiae brit. p. . balaeus script . brit. centur. . c. , , . centur. magdeb. . c. . spelm. concil . p. . to . proposit . , , . a ingulph . hist . p. , . an. . proposit . . b leges ed. confessoris c. . spelmanni concil . p. . see polychronicon , l. . c. . mat. vvestminst . an. . an. . proposit . , . c spelman . concil . p , , , . &c. chron. johan . bromton . col . . & monasticon angl. anno . proposition , . d matthew westminst . an. . p. . an. . proposit . , , . e part. . p. . f evidentiae eccles . christi cantu . col . . spelmanni concil . p. , . antiqu. eccles . brit. p. . an. . proposit . . g ingulph . histor . p. . will. malmsb. de gest reg. l. . c. . p. . antiqu. eccl. bri. p. . spel. conc. p. . to . mat. westm . an. . malmesb. de gestis pont. l. . in cuth . p. . an. . proposit . , , . h chron. w. thorne , c. . sect . . col . . proposition , anno . i matthew westm . p. . chron. johannis bromton , col , , huntindon . hist . l. . p. . see holinshed , speed , grafton in their lives , vvil. malmesbury de gest . reg . l. . c. . p. . proposit . , , . anno . [ k ] matthew west minst . an. . p. . chron. johan . bromton , col . , . wil. malmesb. de gest . reg. l. . c. . p. . hen. huntindon , hist . l. . p. , , florent . wigorn. an. . p. . polychron , l. . c. . capgrave , fahian holinshed , speed , graston in his life , and the life of kenulphus , hoveden , annal . pars prior . p. . propos . , , . l malmesb. de gestis reg. l. . c. . p. . ethelwerdus hist . l. . c. , . hen. huntindon , hist . l. . p. . mat. westm . 〈◊〉 ● . sim. dunelm . hist . col . . chron. johan . bromt. col . . hoveden annal. pars prior , p. , . polychron . l. . c. . fabian , capgrave , grafton , holinshed , and speed in his life . florentius wigorn. p. . . proposition . proposit . . m mat. west . an. . p. . vvil. malmesb. de gest . reg . l. . c. . p. . sim. dunelm . hist . col . . chron . jo. bromt. col . , , hen. huntind . hist . l. . p. , . hovedon . annal. pars . p. . speeds chron. p. , . see polyc. fabian , graft . holinshed in his and offa his life , vvigorn . an. , p. . an. . prop. , , , . n mat. west . p. , , . vvil. malmesb. de gest . reg . l. . c. . p. . spel. concil . p. . an. . proposit . , . an. , [ o ] mat. west . p. . hen. huntind . hist . l. . p. , . malmesh . do gest . reg . l. . c. . hoved●n annal. pars prior , p. . polychr . l. . c. . propos . , , . p part. . p. to . q in historia de exordio christianitatis & religionis totius northumbriae , & richardus hagustaldensis , de stat. & episcopis haegustaldensis , ecclesiae , col . . see antiqu. ecclesiae brit. p. , , . sim. dunelmensis hist . de gestis regum angliae , col . . chron. joh. bromton , col . . tho. stubs acta . pontif. eboracensium , col . . hen. de knyghton de event . angl. l. . c. . vvil. malmesb. de gest . reg . l. . p. . hen. huntind . hist . l. . p. , rog. hoveden , annal. pars prior , p. . r hen. huntindon hist . l. . p. . matthew westminster an. . p. . antiqu. eccles . brit. p. . cent. ●●●deburg . cent. . c. . hoveden annal. pars prior , p. . florentius vvigorn●●●sis , an. . spelmanni concil . p. , to . malmesbury de gestis regum , 〈◊〉 c. . & de gestis pontif. l. . p. , . matthew parker , and godwin in 〈◊〉 life of jambert . chronica vvil. thorne , col . . gervasius dorobern . actus p●●tif . cant. col . . radulphus de diceto abbrevi . chron. col . . polychron . 〈◊〉 c. . anno . proposit . , . proposit . , . s hen huntinaon , hist. l. . p. . hoveden annalium , pars prior , p. . . florentius vvigorniensis , anno , , , . spetman . concil . p. , . simeon dunelm . hist . . mat vvestm . anno , . richardus prior. hagustald . de stat. & episc . hagust . eccl. l. . c. . col . . anno . proposit . , . t matihew vvest . p. . mamesbury de gest . reg . l. . c. . huntind . hist . l. . p. , . hoveden annal . pars prior , p. . florent . vvigorn . an. . ethelredi hist . l. . anno . proposit . , ● . u matthew vvestm . an. . p. , , . spel. concil . p. . to . chron. ioh. bromt. col . , to . polychron . ● l. . c. . anno . proposit . . . proposit . , . ( x ) see radol . de diceto abbrev . chron. col . , & spelm. concil . p. . to . proposit . . ▪ y mat. west . anno , p. , . alcuini epist . osbert . speeds history p. . chron. iohan ▪ brom. col . , , . anno . proposit . . z see mat. vvestm , malmesbury , huntindon , hoved. radulph . castrensis , ethelwerdus , vvigorn . speed , grafton , holinshed , fab. in his life . ch. . brom. col . . , . radulph . de diceto abbreviat . chron. col . , . polichron . col . l. . c. , . an. . a bonif. mogunt . ep. . mr. seldens titles of honour , part . c. . p. . b tho. stubs , actus pontis . ebo . col . . . simcon dumelm . hist. col . , . rog. de hoveden , annal. pars prior . p. . c evidentiae eccl. christi cantuar. col . , . spelm. concil . p. . mat. vvest . anno . propos . , , . . d evid . eccles . christi cant. col . . an. . proposit . , . an. . e spelmanni concil . p. , , . evident . eccl. christi cant. col . , gervasius dorobern . actus pontif. cantu ▪ col . . and godwin in the life of atbelardus . propos . , , . f will , malmsbury de gest . reg. l , . c. . spel. conc. p. . to . antiq. eccles . brit. p. , , , . mat. west . an. . g spelman . council . p. , , . see mat. westm . an. , to . an. . proposit . , . h matthew west . an. , . asserius mene. de gest . alfredi regis , wil. malmesb. de gestis reg. l. . c. . p. . florentius wigorn . an. . polychron . l. . c. . speeds hist . p. . mr. seldens titles of honour , part . c. . p. . sim : dunelm . hist . de gest . reg. angl. col . . fox acts and monuments , vol. . p. , . anno . proposit . , . i spelman . concil . p. , , . anno proposit . , , . anno . ( k ) evident . eccles . christi cant. col . , . spelm. concil . p. , , . florentius wigorn. anno . p. . ethelwerdi hist . l. . c. . proposit . , . proposit . ; . nota. nota. l actus pontif . cantu . col . . spelm. concil . p. . anno. . spelm. concil . p. , . proposit . , . n ingulphi hist . p. , . see mat. westm . anno , , . spelm. concil . p. , , . an. dom. . proposit . , , . anno. . o evident . eccl. cbristi cantuar. col . , . spelm. concil . p. . proposit . , , . o hist . angl. l. . spelman . concil . p. . anno . propos●t . . p ingulf . hist . p. , . spelm. concil . p. . mat. westm . an. , ● , anno . prop. , , , . . anno . [ q ] ingulphi histor . p. . to . spelm. concil . p. , &c. proposit . , . nota. prop. , , . r see ingulf . p. , , , , . mat. westm . florent . wigorn . ethelwerdus , radulf . de diceto , huntingdon , hoveden . brom. an. . proposit . . ſ hist . p. , . nota. prop. , . propos . . t mat west . an. , . mr. seldens hist . of tithes ch . . p. , . malmsbury de gest . reg. angl. l. . c. . florentius wigorniensis anno . ingulphi hist . p. . polychronicon , l. . c. . hen. huntindon , hist . l. . p. , ethelwerdi hist . l. . c. , p. , roger hoveden annal. pars prior , p. . chronicon johannis bromton , col . . ethelredus abbas , de genealogiâ regum anglie , col . . simeon dunelm . de gest. reg. angl. col . . radulfus de diceto . abbrev. chron. col . . speeds . hist . p. . spelmanni concil . p. . to . an. . proposit . , , , . . * or winterden as ingulsus hath it . u history of tithes . ch . . p. , . x see malmesbury , huntindon , hoveden , matthew westm . ethelwerdus , simeon dunelmensis , wigorniensis , speed , polychron . fabian , holinshed , grafton , and others in his life . y mat. west . an. , . huntindon , hoveden , bromton , speed , holinsh●d , asser . flor. wigorn. raduls . de diceto . simeon dunelm . polycbronicon , fabian , mr. seldens titles of honour , part . . c. . p. , , . see here p. . proposit . , , , , . z matthew vvestm . an. . speeds hist . p. , . chron. jo. bromton , col . . and the rest ●orecited . anno . a radulph . de diceto abbreviationes chron. col . . chron. johan . brom. col . , . polychron . l. ● . c. . b chron. jo. bromton , col . . speeds history . anno . proposition . c florent . wigorn. mat. westm . anno sim. dunelm . hist . de dunelm . eccl. c. . huntingd. hist . l. . p. . roger , hovenden , an. pars prior , p. . ethelwerdi hist . l. . c. z. p. . polychron . l. . c. . hist . de sancto cuthberto col . . sim. dunelm . de gest . reg. ang. col . , . tho. stubs . actus pontif. ebor. col . speeds hist . p. . see hollinshed , fabian and grafton . d hist . de dunelm . eccles . c. . col . . & hist . de sancto cuthberto col . . proposit . , . proposit . . * see [ c ] before p. . e sim. dunel . hist . de gest. reg. ang. cal . , , . mat. vvestm . & florentius vvigorn . an. , . hthelwerdi hist . l. . c. . huntingd. hist . l. . p. . hoveden annal. pars . p. . ingulph . hist . p. , . chron. job . bromtom . col . . palych . l. . . . fabi● , holinshed , grafton , speed in the life of be●rced and ●thelred . anno . proposit . , , , f hist . p. . . proposit . , . g hist . p. , . proposit . , , . h pag. . & malmesb. de gestis regum . l. . c. . p. . proposit . . . an. . l ingulphi hist . p. to , mat. westm . wigorn. huntingd. hoveden , brom. radulf . de diceto . sim. dunel . polychron . fabian , graft●n , holinshed , speed , ethelwerdus in the life of etholred and an . . m mat. vvestm . an. . p. . speeds hist . p. . anno . ( n ) mat. vvestm . anno . . vvil. malm , de gest . reg. l. . c. . v. . hunt. hist . l. . p. . hov. annal. pars . p. . ethel . hist. l. . c. . chron. jo. bromton . col . , . , , . sim. dunelm . hist . de eccl. dunelm . l. . c. . et de gest . reg. ang. col . , . polychron . l. . c. . fab. grast . hollinshed , caxton , spced in the life of st. edmund . fox acts and munuments vol. . p. . proposit . . . n de gest . reg. l. . c. . p. . o see those forecited at ( m ) and catgrave , su●ius , and ribadeniera , antonius in the life of st. edmund , malm. de gestis reg. l. . c. . q an. . p. . proposit . . nota. proposit . . anno . [ r ] ingul phi hi●t . p. , , . proposit . , . * e. . , . brook escheat . * are not the souldiers now sick of the same disease . propos . . ſ mattew westm . floren. vvigorn . an. . p. . chron. joh. bromt. col . , . sim. dunelm . hist . de gest . reg. ang. col . . vvil. malm. de gest . reg. l. . c. . p. . huntin . hist . l. . p. . hoveden annal. pars prior , p. . speeds hist . p. . t ingulphi hist . p. , . florent . vvigorn . an. . p. . chron. joh. bromt. col . . simeon dunelm . de gest . reg. ang. col . . vvil. malmesbury de gest . reg. l. . c. . p. . huntind . hist . l. . p. . hoveden annal. pars prior p. . anno . proposit . . . a de gest . reg. l. . c. . b an. . mat. vvestm . & vvigorn . an. . huntingd . hist . l. . p. . hoveden , annal. pars prior p. . ethel . hist . l. . c. . p. . sim. dunel . hist . de dunel . eccles . col . , , . hist . de sancto cuthherto col . . & de gest. reg. col . . proposition . c florentins wigarn . & mat. westm . an. to . see malmes . huntingd , asser . fab , holinshed , speed , and others in his life . lamb. arch. spelman concil . p. , . ingulph , histor . p. , . chron. . brom. col . to . anno . proposit . , , , , . anno . propos . , . d mirrour of justices , c. . sect . . p. . c. . sect . . cooks preface to his reports institutes , f. . see spel. concil . p. . proposit . , . e see mat. vvestm : an. ingulphi hist . p. . . chron. iohan. brompton col . chron. vvill. thorn cap. . sect. col. . f mat. vvestma . an. florent . vvigorn . an. p. . . g mirrour of iust . cap. . sect. . p. . to . proposit . . * de gen. reg. ang. col . . h i ambar di archaion spelmanni concil p. . proposit . . . . i chron. iohan bromion , col . , and i. mbard . archaton . k chron. ioh bromt. col . , & lambardi archai . spelmanni concil . p. . which somewhat deprives the sense of it in the translation , and make it lex . anno . l see mat , westm . f●orent . vvigorn . simeon dunelm . bromt. huntindon , hoveden , polychronicon , fabian , h●linshed , speed , asser . ethelwerd , fox and others , an. , . proposit . . m chron. io. brom. col . . spelman . conc . p. . , , . proposition . n huntingd. hist . l. . p. asser . aelercedi r●g . gest . chron. io. br. col . . camb. britan. p. . o mat west . wig. as . men. an. , . ae●hel . abbas de gen. reg. ang. col . . chron. . brom col . , . sim. dunel● . hist . de gest . reg. col . , . wil. mal. de gest . reg. l. . c. . ingulph . hist . p. , . hov. annal. pars . p. , . ethelwerdi hist . l. . c . polychron . fab. caxton , hollinshed , grafton , speed in the life alfred . of camd. brit. p. , . spelman concil . p. to . antiq. eccl. but. p. . propos . . anno . sim. dunelm . hist . de dunel . eccl. c. , . col . , . propos . . q spelman concil . p. to . r spelman ▪ concil , p. , , . s ethel . hist . l. . c. . mal. de gest . reg. l. . c. . matth. westm . florent . wigorn. sim. dunelm . hunting d. hov. ethel . bromt. polychon . ethelr . abbas . fab. holinshed , grafton , speed in the life of ed. the elder and an. to . a nno . proposit . . t vvil. malmesb. de gest . reg. l. . c. . p. , & . mat. vvestm . an. . antiq . eccles . brit. p. . gervasius dorobern . act. pont. cant. col . . godwin in the life of plegmund , spelm. concil . p. , . ingulphi hist . p. . an. . opo●●t . . propos . , . u lambardi archaion . spel. concil . p. , to . mat. westminster , wigorn. huut. hoveden , sim. dunelm . brom. and others . an. dom. , , , . an. , . propos . . x de genealogia reg. ang. col . . y huntingd. hist . l. . p. hov. an. pars posterior . p , . mat. vvestm . vvigorn . sim. dunel . anno . chron. . bromton col . . propos . . ( z ) col. , , , . proposit . . a wil. mal. de gest . reg. l. . c. . mat. vvestm . vvig . an. to , hunting . hist. l. . p. . hov. annal. pars prior , p. . ing. hist. p. , . chron. johan . brom. col . . sim. dunelm . hist . reg. ang. col . . to . ethelw . hist . l. . c. . aelr , abbas de geneologia reg. ang. pol. l. . c. . henry de knighton , de en. ang. l. . c. . speeds hist . p. , . fab. holinshed , grafton , caxton in his life . anno . propos . . b de gest . reg. l. . c. . p. . c ingulphi hist . p. . anno . d chron. jo. bromt. col . , to . spelman . concil . p. , , , . lambardi archaion . proposit . . . ●●oposit . . proposit . , ● . proposit . . e chron. joh. brome . col . . proposit . , . f chron. joh. brom. col . . proposit . , . g chronicon ioh. bromt. col . , . ( k ) chron. ● ioh bromt. col . , , . propos . , , , . i see the history of guy of warwick . anno . propos . , , , . k de gest . reg. ang. l. . c. . p. . spelman . conc . p. , . speeds hist . p. . see ingulph . hist. p. . proposit . : , , . opos . , , , , . l ingulphi historia . p. . chronic●● vvill. thorn , col. . evidentiae eclesiae christi , cant. col. . &c. m de gest : r. ang. l. . c. . p. . see ingulp . hist . p. , . anno . ( n ) malmesb. de gest . reg. angl. l. . c. . hoveden annal . pars prior , p. . ingulp . hist . p. . huntindon hist . l. . p. . ethelwerdi hist . l. . c. . chron. iohan . bromton , col. , , . mat. vvestm . et wigorn . an. . to . proposit . . . o spelman . concil . p. , . &c. anno. . propos . . . p simeon dunelm . hist . de dunel . eccl. c. . col . . c. . propos . , . q mat. west . et wigorn. an. . to . huntingd. hist . l. . p. , hov. annal. pars prior p. . ethelw . hist . l. . c. . vvilliam malmesbury , de gest . reg. l. . c. . simeon dunelm . hist . de dunelm ▪ eccl. c. . col . . et de gest . reg. angl. col . , , . ethelr . a●bas de gen ▪ reg. ang. col . . pol. l. ● , c. . fab. caxt. grast . holinsh . speed in the life of king edm ▪ anno . proposit . , . an. . r chron. ioh. bromt. col . . to . spelm. concil . p. . to . lambardi archaion , polychron . l. . c. . malmesb. de gest . reg. l. . c. . ingulphi hist . p. . proposit . . ſ bromt. spel. lamb. quo supra . oposit . . t chron. johan . bromt. col . . proposit . , , . proposit . . u chron. vvil. thorn. col . . c. . evid . eccles . christ . cant. col . . sim. dunelm , hist . de eccles . dunelm . l. . . col . . x m●lm . de gest . reg. l. . c. . sp●lman concil . p. . . y mat. west . an. . p. . chron. ioh●n . brom. col . ● . an. . proposition . z mat. west . wig. malm. hunt. hov. ingulph . sim. dunelm . brom. wil. thorn. polch . aclredus , fab. graft . caxton , holinsh . speed , an. . and in the life of edmund . proposit , , . anno . &c. b mat. west . vvig . sim. dunelm . hunt. hov. malm. brom. aclred . polyc. fab. hol speed an. . and in the life edred , ethelw . hist . l. . c. . propos . . anno . c mat. west . an. . p. . malm. de gest . reg. l. . c. . sim. dunelm . hist . col . . flor. vvig . an. , roger hov. annal pars prior , p. , thomas stubs . acta pontif. ebor. c. . godw. catalogue of bishops , p. . antiq. eccles . brit. p. . propos . . . d ingulphi hist . p. , , . hoveden annal . pars prior . p. . mat. westm . an. spelm. concil . p. . mr. seldens titles of honour , part . ch . . p. . anno . propos . , , . proposit . . e spelman . concil . p. , , , . an. , . proposit . , , , . f wil. malmesbury de gest . reg. l. . c. . de gestie pontificum , l. . p. . mat. westminster , & vvigorn . an. , , , &c. hoveden annal. pars prior , p. . ethelredus abbas de genealogia reg. angl. col . , . chronicon johannis bromton , col . , . simeon dnelmensis de gestis regum angliae , col . , . hygden polychron . l. . c. . fabian , caxton , holinshed , grafton , speed in the life of edwin , osburn , gervasius dorobern . capgrave , mat. parker , and godwin in the lives of odo and dunstan , fox acts and mon. vol. . p. . antonini chron , pars . tit. . c. . anno . proposit . , . g histor . . , p. . h antiq. eccles . brit. p. . to . i catologue of bishops in the lives of odo & dunst . p. , , , . k history of great brittain . p. , . l spelm. concil . p. , . m antiq ▪ eccl. brit. p. , p. . spelm. concil , p. . ●ntonius in his life . propos . . n de eventibus angliae , l. . c. . col . , . o mat. westminst . wigorn . et sim. duuelm , anno . vvil. malmesb. de gest. regum angl. l . c. . ethelredus abbas de genealogid regnum angl. col . , . graft . chron. ● . ● . anno . p chron. johan . bromton , col . . malmesb. de gest . reg. angl. l. . c. . osburn . capgrave , mal. parker , & godwin in the life of archbishop dunstan , fox acts and mon. vol. . p. , . speeds history , p. , . anno . proposit . , , . anno . [ r ] malmesb. de gest . reg. l. c. . osburn , capgrave , surius , matthew parker , and godwin in the life of dunstan , fox acts and mon. vol. . p. , . speeds chron. p. , . spelm. concil . p. ▪ . anno . ſ spelmanni concil . p. , to . mat. vvestm . & vvigorn . an. , , & monasticon . anglic. proposit . , . t histor . p. , , . proposit . , . anno . [ u ] chron. io. brom. col . , . lambardi a●chaion spelman concil . p. ● to . proposit . . propos . , , . x ethelredus abbas de gen. reg. ang. col . , . sim. dun●lm . de gest . reg. ang. col . . chron. io. brom. col . . mat. vvestm . vvig . hov. an. , . polych . l. . c. . osh. ger. surius . mat. parker , godwin in the life of dunstan , oswald , & ethelwald . fox acts and mon. vol. . p. to . spelm. conc . p. . &c. baron . anno . anno . proposit . . y chron. col . . propos . . z spelman . concil . p. to . see mat. westm . vvigorn . and hoveden , anno . sim. dunelm . hist . de gestis reg. angl. col . . proposit . , , a mol●nesb . de gestis reg. angl. l. . c. . p. , . spelman . concil . p. , to . monast . anglic. anno . proposit . , . [ h ] ingulphi historia . p. , . c matthew vvestm . vvigorn . stm. dunelm , hoveden , bromt. and others , ●n . . malmesb. de gest . reg. l. . c. , p. . hen. huntind . hist. c. . l. . hoved. annal . pars prior , p. , anno . malm. de gest . reg. l. . c. . p. . huntingd. hist . l . p. . hov. annal pars prior . p. . mat. westm . flor. wigorn. simeon dunel . an. , . chron. . brom. col . . ethel●edus . geneal . reg. ang. col . . polychron . l. . c. . f. . hen. de knyghton , de eventibus ang. l. . c. . vvalsing . hist . ang. p. . fox acts and mon. vol. . p. . caxton , graston , fab. holinsh . spred , baker , and others in the life of edgar . mr. seldens mare clausum . l. . c. , anno . e mat west . an. . , . hen. huntingd . hist . l. . p. . chron. . brom. col . , de gest . aug , l. c. . p. . lugulphus , histor . p. . propos . , . f de gest . reg. l. , c. . p. . g histor . p. . &c. h spelman . concil . p. , . propos . , , h chron. of vvinton spelman concil . p. . i malm. de gest . reg. l. . c. . athelredus . de genealog . reg. ang. col . , &c. polychron . l. . c. , , . henry knyghton de eventibus ang. l. . c. . mat. vvestm . vvigorn . ingulphus , huntingdon , hoveden , brom. sim. dunelm . wil. thorn , fah . caxt. holinsh . graft . speed , baker in his life . osburn , capgrave , surius in the life of dunstan . spelman . concil . mr. seldens mare clausum . l. . c. , . and others . i malmesb. de gest . reg. l. . c. . ethelredus de genealogia reg. angl. col . . &c. polich●on . l. . c. , , , hen. knighton de eventibus angliae , l. . c. c. . mat. westm . wigorn. ingulphus , huntindon , hoveden , bromton , simeon dunetm . wil. thorn , fabian , ●axton , holinshed , grafton , speed , baker in his life , osburn , capgrave . snrius in the life of dunitan . spelmanni concil . mr. s●lden . mart. clausum , l. , c. . . antonini ch●on . p. . and others . proposit . , . * polychron . l. . c. . k acts and mon. vol. . p. . l polych . l. . c. . f. . chron. joh. bromt. col . . speeds history , p. . m histor novo●um . l. . p. . n histor . l. . p. . o io. brom. chron. col . . fox acts and monuments vol. . p. . p ingulphi historia , p. . will : malmsb. do gestis regum , l. . c. . mat. vvestm . vvigorniensis , simeon dunelmensis , huntindon , hoveden , anno , . chron iohan : bromton , col . , . henry de knyghton de eventibus angliae , l. . c. . col. . eadmerus hist . novorum , l. . p. . polychronicon , l. . c. . fabian , caxton , grafton , holinshed , speed , in the lives of edga● and edward . fox acts and monuments , vol. . p. . . mat. parker , in archbishop dunstans life . antonini chron. pars . tit. . anno . proposit . , , . q malmsbur . de gestis regum . l. . c. . p. . mat. westmin . wigorniensis , ingulphus , simeon dunelmensis , huntindon , hoveden , bromton , ann. . osburne , capgrav● , mat. parker , godwin in the life of dunstan , baronius & spondanus , annal. eccl. an. . n. . surius concil . tom. . fox acts and monuments , vol. . p. , , , . proposit . . . r historia , p. p. . see fox acts and mon. vol. . p. , . proposit . . proposit . , . ſ wigorn. an , . p. . roger hoveden annal . pars prior , p. . joh. bromt. chron. col . . sim. duuelm . hist . de gest . reg. col . . antiqu . eccles . brit. p. . spelm. concil . p. . anno . t malmesh . de gest. reg. angl. l. . c. . mat. westmin . an. . vvigorniensis , simeon dunelmensis , hntindon , hoveden , bromt. anno . gervasins , osburn , capgrave , matthew parker , godwin in the life of dunstan , polychronicon , l. . c. . fabian , caxton , holinshed , grafton , baker in the life of king edward , fox acts and monuments , vol. . p. , . speeds history ▪ p. , . baronius , & spondanus an. . n. . spelm. concil . p. , . camdens britannia . p. . proposit ▪ . proposit . . u matt. vvestm . vvigorn . simeon dunelm . huntind . hoveden , radul . de dice . ethelr . bromt. an. , . malmes bury de gest . reg. l. . c. . polych . l. . c. . antonius chron. pars . fabian , caxton , holinshed , grafton , speed , fox and others in the life of king edward . anno . proposit . . x histor . l. . p. . y de gestis regum ang. l. . c. . p. . * de genealog . reg. anglor . p. . anno . z ingulphi historia p. , . mat. vvestm : vvig . & sim. dun●l . an , , &c. . cbron. inhannis bromton , col . , . will : malmsbur . de gestis regum . l. c. . eadmerus hist . novorum , l. . p. . hoveden annal . pars prior . p. . & c. hen. de knyghton de eventibus angliae , l. . c. . polychron . l. . c. , . caxton , fabian , holinshed , grafton , speed , stow & others in the lise os k. ethelred . radulphus de ●●ceto abbrev. chron. col . ● . proposit . . * see i mat. westm . malmsb. huntindon , hoveden , ethelwerdus , ingulphus , wigorniensis , simeon dunelmensis , bromton , polychronicon , hen. de knyghton , fabian , speed , holinshed , grafton , daniel in their lives . a de gestis regum , l. . c. . b de eventibus angliae , l. . c. . anno . c mat. west . malmsbury , ingulphus , hnntindon , hoveden , simeon dunelm . bromton , wigorn. radulphus de diceto , polychron . antiqu. eccles . brit. fox , holinshed , grafton , speed. d mat. parker , antiqu. eccl. brit. p. , . proposit . . . . e antiqu. eccl ▪ brit. p. . f acts and monuments , vol. . p. . speeds history . anno . g ms. de operibus b. edelwoldi . episcopi . h titles of honor , second part . c. . sect . . p. . * munda , saxonice pax dicitur : sed et satisdatio , ut hic , ni sallor , interpretatur . proposit . , , i matthew westminst . an. , . vvigorn . and sim. dunelm . an. . ingulphi hist . p. . wil. malmesb . de gestis reg. l. . c. . hoveden , annal . pars prior , p. . huntindon hist . l. . p. . chron. jo , bromton , col . . henry de knyghton de eventibus ang. l. . c. . col . . fox acts and monuments vol. . p. . antiq. eccles . brit. p. . godwins catalogue of bishops p. . speed ▪ p. . anno . propos . , . an. , . [ k ] mat. vvestm . vvigorn . huntindon , hoveden , bromt. speed , holinsh . fox , graston . l gervasius antiq. ecclef . brit. and godwin in the life of spricius . proposit . . m huntind . hist . l. . p. . chron. iohan . bromton , col . . n hist . novoruml . . p. . propos . , , , . o de gestis reg. angl. l. . c. . p. . [ p ] de gestis pontif. l. . p . q histor . l. . p . r col . . proposit . , , . ſ polychr . l. . c. . t de eventibus angliae , l. . c. . u antiqu. eccles . brit. p. . x acts and mon. vol. . . proposit . . . y page , . proposit . , , . z a collection of the history of england . london . p. . propoposition , , . a william malmsbur . de gestis regum , l. . c. . p. . spelman . concil . p. ▪ anno . proposit ▪ . . b florentius wigorniensis , mat. westm . simeon dunelmensis , hoveden , huntindon , hist . l. . p. . chron. johan . bromton . col . . . speed , holinshed , grafton , fox . anno . proposit . , . c vvigormensis , bromt. huntindon , hoveden , mat. vvestminst . malmes bury simeon danelm . radulphus cestrensis , fabian , holinshed , speed , anno . anno . [ d ] florent . vvigorn . sim. dunelm . mat. westm . anno . william malmes , de gest , reg. l. . c. . huntindon hist . l. . p. . hoveden , annal. pars prior , p. . chron. joh. bromt. col . , polych . l. . c. . henry de knyghton de event . angl. l. . c. . fabian , grafton , holinshed , stow , speed , spelm. glossarium , tit. danegelt , radulph . de diceto abbrevi , chron. . proposit . , , . e wigorniensis , mat. vves . huntindon , rad. de diceto , simeon dunelmensis , polychron . bromton , hen. knyghton , malmsbury , hoveden , fab●on , holinshed , speed , grafton , and others . an. , , . proposit . , , . f hen. huntindon , histor . l. . p. . chro. johau . bromton col. , , polych●onicon , l. . c. . anno . mat. westm . hoveden , wigorniensis , sim. dunelmensis , holinshed , speed , and others . anno . h wigorniens . hnntindon , hoved. ethelwerdus , ingulphus , malmsb. radulphus de diceto , radulphus cistrensis , simeon dunelm . bromton , mat. vvestmin . hen : de knyghton , mat. parker , fox , fabian , holinshed , grafton , speed , daniel . anno. . . proposit . , , , . i chron. vvil. thorn , col . spelmanni concil . p. ▪ to . proposit . , . proposition . * wigorni●nsis . and others . anno . ( k ) huntindon , hoveden , malmsb. mat. vvestm . radijlphus de diceto , simeon dunelm . vvigorn . bromton , hen. de knyghton , fox acts & monuments , vol. . p. . polychron . fabian , holinshed , grafton , speed , dani●l . proposit . . l historiarum , l. . p. . proposit . . m de gest . regum , l. . c. . p. . n mat westmin . an. , p. , . anno . [ o ] malmsbury , huntindon , hoveden , vvigorniensis , simeon dunelmensis , [ radulphu● de diceto , bromton , henry de knyghton , polychronicon , ingulphus , mat. westm ▪ fabian , fox , holinshed , grafton , speed , d●niel ▪ p vvigorn . hoved●n , huntind . hist . l. . speed , & others . anno . proposit . , . anno . florentius wigorniensis , mat. westm . propos . , . x huntind . hoveden , malmesbury , sim. dnnelmensis , vvigorn . mat. vvestm . ingulphus , bromton , radulph . de diceto , knyghton , polych . fabian , holinshed , grafton , fox , speed , daniel , anno . proposit . , , . y historiarum l. . p. . z anno . p. . anno . . a abbrev. chron. col . ● . b spelmanne concil . p. . to . malmsb. l. . c. . anno . proposit . , . proposit . , , , . proposit . , , , . proposit . ● . proposit . , , , . c chron. jo bromt. col . . to . lambardi archaion , spelm. concil . p. , , , . proposit . , . proposit . , . proposit . . anno , . d florentius wigorn. sim. dunelm . mat. westm . huntin . hoved. malmesb . ingulph . radulph . de diceto , bromt. polychron . fab. grafton , for , holinsh . speed , daniel , antiq. eccles . brit. knyghton . proposit . , , , . e malmesb. ingulph . flor. wigorn. sim. dunelm . huntind . hoveden , mat. westmin . bromt. radulphus de diceto . polychronicon , knighton , fab. holinsh . speed , fox , grafton , daniel , antiq. eccles . brit. anno , , . propos . , , . f see speeds history , p. . g see antiq. eccles . ●rit . gervasius , malmesb. and godwin in his life . huntind . hist . l. . p. . mat. vvestm . hoveden , bromt. wigorn. sim. dunelm . polychron . grafton , holinsh . fab. speed , daniel , vvil ▪ thorn , col . . radulph . de diceto abbrev. chron , col . , . anno . h simeon dunelm . hist . col . . hoveden annal. pars . p. . florent . wigorn . p. . mat westm . an. . polychron . graft . fabian , speed , daniel . propos . , , . ( i ) historiarum l. . p. . chron. johan . bromton . col . . k ingulphi histor . p. , , . proposit . , . l history of great britain , p. . m de gestis reg. l. . c. . proposit . , . n spelm. concil . p. , . chron. joh. bromt. col . , , . anno . o malmesb. de gestis reg. l. , . . p. . p malmesh . wigorn . mat. westm . sim. dunelm . radulphus de diceto . huntind . hoveden , ingulphus , polychron . fabian , grofton , holinshed , speed , daniel , fox . q de gestis regum l. . c ▪ . p. . proposit . . r matthew w●stmin●t , an. . p. . malmesbury , l. . c. . huntind . p. . sim. dunelm . p. . ſ malmesb. de gestis reg. l. . c. . t history of great britain , p. , . & edit . . p. , . proposit . . u ann. . p. . huntindon , p. . x de gestis regum , l. . c. . p. , . proposit . . y wigorn. sim. dunelm . huntindon , hoveden , radul . de diceto , polychronicon , malmesb. l. . c. . p. . mat. westm . p. . bromton , knyghton , fabian , grafton , holinshed , speed , daniel . propos . , . proposit . . z malmesb. huntind . hoveden , wigorn. sim. dunelm . radulphus de diccto , mat. westmin . polychron . bromton , fabian , grafton , speed , daniel , knighton , anno . proposit . , , , . a ad haec principes , se non amplius danicum regem admissuro : in angliam unanimiter sposponderunt . florentius wigorniensis , p. . henry huntindon , p. . simeon dunelmensis , hist . col . . b sim. dunelmensis , florent . wigorn. p. . proposit . . c malmsbury l. . c. . p. . wigorn. p. . mat. westminster , p. . hoveden , p. . polychronicon , fabian , grafton , holinshed , speed. anno . ( c ) malmsbury , wigorn. sim. dunelm . radulphus de diceto , huntindon , hoveden , bromton , polychronicon , fabian , holinshed , grafton , speed , daniel . anno . proposit . , . proposit . . * exagitabant illum umbrae sraternae , diras exigentes inferias , &c. malmesbury de gestis reg. l. . c. ▪ e florentius wigorn. p. . huntind . pars . p. . sim. dunclm . hist . col . . radulph . de diceto abbrev. chron. col . . chron. jo. bromton , col . . henry de knyghton de e●●nti● . angl. l. . c. . polychron . malm●b . ma● . westm . fabian , speed , spelm. anno . f wigorn. c. . hoved. annal. pars . p. . sim. dunelm , col . . bromt. col . . henry de knyght . de eventib. augl . l. . c. . col . . ailredus de vita & mirac ▪ edward . col . . see po'yc . fab. holinshed . graft . speed. proposit . ● . g malmesb. huntind . vvigorn . sim. dunelm . mat. vvestm . radulph . de diceto . bromt. polychron . fab. caxton , grafton , holinsh . speed , daniel , and others in the life of edmond ironside & cnute , h ethelredus abbas , de geneal . regum angl. coll . , . polychronicon , l. . c. . anno ▪ p. . * annal. pars prior , p. . proposit . , . l william malmsbury , de gestis regum , l. . c. , . hen. de knyghton , de eventibus angliae . ( m ) hen. huntindon , hist . l. . p. . radulphus de diceto ▪ ymagines hist . & mat. westm . flores histor . anno . polychron . l. . c. , . chronicon johan . bromton , col . , , . m ingulphi hist . p. . florent . w●gorn . mat●restmin . simeon dunelm , hoveden , anno , . chron. iohan. bromton col . , . hen. de knyghton de evenlib . angliae , l. . c. , . radulphus de diceto abbreviationes chronicorum . proposit . . n ingulphi historia , p. ▪ . ( o ) anno . p. . p de gestis regum , l. . c. . p. . chron. johan . bromton col . , . q histor . l. . p. . r chron. col . . ſ polychron . l. . c. . f. . t acts and monum●nts , vol. ● . p 〈◊〉 . . u history of great britain , p. . to . a holinshed , grafton , speed , and others in his life , radul . de diceto , abbrev . chron. col . . chron. jo. bromton , col . . anno . b chronica , col . . c de gestis regum angl. l. . c ▪ . p. . d athelredus abbas , de genealog . regum angl. col . , . flor●ntius wigorniensis , p. , . sim. du●elmensis , col . , . hoveden annal . pars . p. . radulph . de diceto , abbrev . chron. col . . hen ▪ de knyghton , de eventibus angliae , l. . c. . polychronicon , l. . c. . see fabian , grafton , holinshed , speed , daniel , in the life of cnute . proposit . , , . proposit . , . nota. * de vita & miraculis edwardi confessoris , col . . e historia , p. . proposit . , . f de genealogia regum anglorum , col . , . g histo●iar . l. . p. . h de eventib . angliae , l. . c. . i florentius wigorn . anno . p. . k polychron . l. . c. . fabian part . . c. . l chronicle● p. . nota. anno . m malmesh de gestis reg. l. . c. . mat. westm . hoveden , huntindon wigorniensis , simeon dunelm●nsis , radul . de dic●to , bromton , polychron . fabian , holinshed , grafton , speed , and others . * ailredus abas , de vita & miraculis edwardi confessoris , col . . n de gestis regum l. . c. . p. . o malmsb. de gestis reg. l. . c. . p. . p florentius wigorn. sim●on dunelm . hoveden , speed & others . q malmsb. de gestis regum , l. . c. . wigorniensis , speed. r malmsb. de gestis regum , l. . c. . mat. westm . huntindon , hoveden , wigorniensis , sim. dunelm . radulphus de diceto , bromton , polychron . fabian , grafton , holinshed , speed. ſ de gestis regum , l. . c. . t mat. westm . vvigorn . sim. dunelm . radul . de diceto , knyghton , fabian , graston , holinshed , speed , huntindon , vvigorniensis . u wigornien . sim. dunelm . hoveden and others . [ x ] vvigorn . p. . sim. dunelm . col . . y wigornien . bromton , sim. dunelm . hoveden , holinshed , speed , malmsb , and others . z florentius vvigorniensis , sim. dunelm . radulphus de diceto , roger hoved , chron. ioh. bromton , col . . hen. de knyghton de eventib. angl. l. . c. . grafton , p. . speed , holinshed , fabian , part . . cap. . f. . anno . proposit . , . a mat. westm . p. . vvigorn . p. . hoveden , p. . sim. dunelm . col . . radulph . de diceto abbrev . chron. col . . anno . proposit . , , , . anno . b spelmanni concilia , p. . proposit . , , . [ b ] concilia , p. . d mat. west : florent . wigorn. sim. dunelm . huntindon , and hoveden . anno . proposit . . e mat. westm . flores hist . p. . anno . proposit . . f mat. vvest . p. . malmsbury , de gestis regum , l. . c. anno . proposit . . anno . [ e ] mat. vvest . p. . huntindon , hist . l. . p. . malmsbury de gestis reg. l. . c. . proposit . . anno . to . [ h ] florentius vvigorniensis , simeon dunelm . hoveden , mat. westmin . anno , , , . radulf . de diceto , bromton , huntindon , and others . proposit . . , . i flores hist . p. . k ingulphi hist . p. , . vvill. malmsbury de gestis regum , l. . c. . p. . mat. vvestm . p. , . hoveden , annal . pars . p. . flor. vvigorn , p. , . radulph . de diceto , abbrev . chron. col . . bromton , col . . polych●on . l. . c. . sim. dunelm . p. . fabian , holinshed , grafton , speed , and others . anno . proposit . , , . nota. l de geslis regum , l. . c. m flores h●stor . p. . n chronica , col . . anno . ( o ) ingulphi historia , p. , . proposit . , , . ( p ) malmesh . de gest . reg. l. . c. . spelman . concil . p. . proposit . . q col. , . anno . [ r ] chron. joh. bromt. col . . to . lambardi archaion , spelm. concil . p. . to . fox acts and mon. vol. . p. , . proposit . , , , , . proposit . . proposit . . proposit . , . ſ col. . proposit . , . ( m ) malmesh de gestis reg l. . c. . sim dunelmensis , hist . de eccl. dunelm . l. . c. . evidentiae eccles . christi cantuar col . . , &c. chron. will. thorne , col . . , , . u mat. westm . anno . p. . hen. huntindon , hist . l. . p. . radulphus de diceto , abbrev. chron. col . , . chron. iohann . bromton , col . , . polychron . l. . c. . hen. de knyghton de eventib. angl. l. . c. . fox acts and mon. vol. . p. . speeds history , p. . mr. seldens mare clausum , l. . c. c. . fabian , part . . c. . polydor virgil , holinshed , and others in his life ▪ anno . anno . ( u ) malmesb. mat. vvestm . vvigorn . sim. dunelmensis , bromton , huntindon , hoveden , knygbton , polychroniton , fabian , holinshed , graston , speed , radulphus de diceto , fox , and others . proposit . . x holinshed , hist . l. . c. . p. . speed. hist . p. . see antiqu. eccles . brit. & godwin in his life . proposit . . y an. . p. . z will. caxton , fox acts & monuments , vol. . p. , . a speeds history , p. . b historiarum , l. . p. . c col. , . d acts and monuments , vol. . p. , . grafton , p. , . e chronicon iohan. bromton col. , . vvilliam caxtons chronicle , part . . fox acts and monuments vol. . p. . proposit . . f acts & monuments , vol. . p. . proposit . . g florentius wigorn. sim. dunelm . radul . de diceto , hoved. bromton , malmesb. huntindon , polychronicon , fabian , caxton , holinshed , grafton , speed. anno . proposit . . h hist . l. . p. . i history of great britain , p. . proposit . . anno . ( k ) malmesb. de gestis reg. l. . c. . ingulphus . mat. westm . flor. wigorniensis , sim. dunelm . radulphus de diceto , bromton , huntindon , hoveden , knyghton , polychron , caxton fabian , holinshed , grafton , speed. anno . . proposit . . l histor . l. . p. . * de gest . r●g . l. . c. . p. . m chronicon , col . . proposit . . n flores hist . p. . o de gestis reg , l. . c. . p history of great britain , p. . q speed , ibidem . r florentius wigorniensis , sim. dnnelm . hoveden , brompt . r●dulph . de diceto , and mat. westm . an. , to ▪ anno . a chro. joh. bromton col . . fox acts and monum . vol. . p. . . speeds hist . p. . wigorniensis . sim. dunelmensis rad. de diceto . mat. westminster . huntindon , hovedon , polychronicon . fabian , caxton , holinshed , grafton . ( b ) page . . . c prov. . . d bromton col . . hoveden , huntindon , malmesb. math. westm . fox , speed , caxtons chro. pars . . e huntindon hist . l. . p. brom●on col . . fox vol. . p. . . speed p. . propos . . . . f flores hist . p. . g malmsbur . de gestis reg. l. . c. . h hist . l. . p. . i malmesb. d● gestis reg. l. . c. . de gest . pontis . a●gl . l. . c. . p. . mat. westm . an. . p. . hen. huntind . hist . l. . sim. dunelmensis hist . col . . polychronicon l. . c. . alredus ahbas de vita & miraculis edwardi confessoris col . . chron. joh. bromton col . . . h. de knyghton . de en●ribus angl. l. . c. . antiq●itates eccl. brit. p. , . speeds hist . p. . ribadenira and capgrave in the life of king edward . k de vita & miraculis edw : confessoris . col . . . propos . . . . l hist . l. . p. . m col. . . ( n ) chron. pars . ( o ) titles of honour . part . . ch . . sect . . prop. . . . . p malmesh . de g●st . regum . l. . c. . mat. westm . sim. dunelmens . wigorn. huntind . hoved. polichron . fab. speed , holinsh . graft . q de gest . regem l. . c. . p. . anno . r in his epistles to historiae . anglica . scriptur . p. . s malmesbur . de . gest . reg. l. . c. . flor. wigorniens . mat. westm . sim. dunelmens . ann. . . bromton . col . . . hoved . annal. pars . p. . polychronicon . l. . c. . faban , caxt. holinsh . grafton , speed. propos . . . t flor. wigogoriens . sim. dunelmens . hovedon , mat. westm . malmsb. de gest . reg . l. . c. . holinsh . grafton . anno . propos . . . anno . ( u ) flor. wigorneas . m. w●stm . sim. dunelm . huntind . bromt. polychronic . fabian , speed. x wigorniens . sim. d●nelm . hovedo● , mat. westmister , malmesb. bromton , & others . propos . . . anno . propos . . . y the authors in ( x. ) anno . proposit . . . z historiae p. . . proposit . . . ( a ) de gest . reg . l. . c. . p. . . b camdens britan. suss . p. . anno . ( c ) mat. westm . an. . p. . propos . . . . d de vita & mucanilis edwardi confes . col . . . . &c. prop. . . . propos . . . . prayers then by th●s popes d●cree are as effectuall and acceptable to god in any other place as in rome it self . popes in that age determined no weighty matters , even in rome it self , but by the major part or unanimous vote of a synod . ( e ) ailredus abbas rivallis , de vita ▪ & miraculis edw. confess . col . . . . f spelmant concil . p. . to . propos . . . g spelm●n . concil . p. . prop. . . . h wigorniens . huntind . hove . radul . de diceto . sim. dunelm . bromt. speeds hist . p . holinsh . graft . and others . anno . propos . . . anno . proposition . i ●hronicon . c●l . . t flores hist . p. . proposition . . x degestis regum l. . p. p. . m see ailredus abbas de vita & miraculis edwardi consessoris c. l. . n malmsbury de gestis regum angliae l. . c. . iohn bromton cronicon vol. . ingulphus historia p. . * histor . . . p. . o see fox acts and monuments . vol. x. p. . speed history p. . . daniels history p. ● . proposition . . . . propisition . . proposition . prop●sition . proposition . . ( q ) malmsturi . de gestis regnum . l. . c. . p. . r histor . p. . ( s ) florent . wigorniensis sim dunelmensis , ●olichronicon , brompton hoveden , huntindon , rad. de diceto , malmsbury , her. de knighton westminster , caxton fabian , graston , holins-bead , speed , daniel , fox , eadiner hist . nov. l. . p. . proposition . proposition . v polychr . ll . c. . fox acts and monuments , vol. . p. . speeds history , p. , . x florentius wigornieusis , sim. dunelm . hoveden , dan. speed. p. . y see totles magna charta , , p. . r. . rot . parl. num . . my soveraign power of parliaments , pars . p. , to . exact . collect. p. . , , . * hoveden , p. . * epistle to his th . report . . institutes , p. p. , . instit . p. , . . instit . p. . . . * mat. westm . and mat. paris an. . hov●den an , ▪ p. . * grafions catalogue of the mayors of london . y de event . angl. l. . c. . proposit . , . z de gestis reg. l. . c. . p. . s●e spelm. concil . p. . a ad eadmerum & notae , & spicel●gium . p. . b annalium pars posterior , p. . c de brit. ecclesia●um p●imord●is , p. . d historiae p. . e io. seldeni ad eadmerum notae , p. , . f lex , , , , , , , , , , , , , , , , , , . , , , , , , , . in mr. seld n. g lex , , , , . in hoveden and spelman . h toiles mag. cha●t . r. . rot . claus . m. . rot . parl. h. . n. . exact . col●ect . p. , , . i lex , . in hoveden , lambard , and knyghton . k lex . in hoveden , lambard , knyghton . [ l ] lex . in hoved. lamb. knyghton . proposit . , . m cap. , & . in hoved●n , knyghton , lambard . n acts and monuments , vol. . p. . proposit . . proposit . , . o antiqu. eccles . brit. p. . p ailredus abbas , de vita & mirac . edwardi consessoris , col . ▪ . malmsb. de gestis reg. angl. l. . c. . p. . hen. huntindon , hist . l. . p. . ingulphi hist . p. . mat. westm . an. p. . radulphus de diceto abbrev. chron. col . . chronicon . bromton , col . . hen. de knyghton , de eventib. angl. l. . c. . hygden . polychron . l. . c. . eadmerus hist . novorum , l. . p. . fox acts & monuments , vol. . p. . anno . proposit . . q abbrev. chron. col . . r historia , p. . ſ de gestis regum , l. . c. p. , . see speeds history , p. . o mat. westminster , wigoun . sim. dunelmen . hoveden , bromton , anno . fabian , holinshed , and others . anno . p marianus scotus , wigoun . mat. westminst . sim. dunetm . huntindon , hoveden , knyghton , bromton , radulphus de diceto , col . . vvalsingham , hist . angl. p. . . anno . q huntindon , hist . l. p. . marianus scotus , mat. westminster , vvigorniensts , sim. dunelm , and bromton , ann. . hen. de knyghton , de event . angl. l. . c. . polychron . l. . c. . vvill. malmsb. de gestis reg. l. . c. . ingulphi hist . p. , holinshed , speed , and others . a●no . proposit . , , , , . proposit . . r malmsbury de gestis reg. l. . c. . see godwin in the life of bishop herman . anno . ſ wigorniensis , hoveden , huntindon , sim. dunelm . mat. westminster , bromton , hygden , fabian , holinshed , fox acts & monuments , vol. . p. ▪ cambdens britannia , p. . proposit . . anno . ( e ) wigorniensis , hoveden , sim. dunelm . anno . ingul . historia p. . speed , and others . proposit . . anno . u mat westm . hoveden , wigorn . sim. dunelm . bromton , an. , . malmsbur . de gests reg. l. . c. . hen. de knyghton , de event . angl. l. . c. . ingulphi hist . p. . holinshed , fabian , grafton , speed. proposit . , , anno . x ailredus abbas , de vita & mirac . edwardi confessoris , col . . malmsbur . de gest . reg. l. . c. . mat. west . huntindon , hoveden , wigorniensis , sim. dunelm . rad. dediceto , bromton , polychron . l. . c. , . fox acts and monuments , vol. . p. . speeds history . p. . daniel . p. . fabian , caxton , holinshed , grafton . proposit . , . proposit . , . proposit . , , r historia , p. , , . ſ de gestis regum , l. . ● . p. . t flores hist . p. . u acts and monnments , vol. . p. . x ypodigma n●ustria , p. . y hist . ang. ● . . * hist . angl. p. . proposit . . anno . z mat. west florentius wigorn . hoveden , ailredus , bromton , polych●on . fabian , caxton , grafton , holinsh●d , fox , spelman , speed. a flores hist . p. . b de vita & miraculis ●dwardi confessoris , col . , . anno . a historia , p. , . b flo●es hist . p. . malmsb●ry de gestis regum , l. . c. . c de vita & miraculis edwardi confessoris , col . . d malmsbury de gestis reg. l. . c. . p. . e ailredus de vit● , et mirac●lis edwardi . confessoris , col . col . . f mat. westminster , anno . p. . g malmsb , de gest . regum , l. . p. . [ h ] historia , novorum , l. . p. . i de gestis regum , l. . c. . p. . k historia , p. . l historiarum l. . p. . m col. . n de ●vent●bus angeliae , l. . c. . col . . o de vita & miraculis edwardi confessoris , col . . y ypodigma neustriae , p. . q history of great britain , p. , . r de gestis regum , l. . c. p. , . proposit . , , ● , ſ de eventibus angliae , l. . c. . col . . ( l ) flores hist . p. , ● . u ingulphus , malmsh . wigorn . huntinden , hov●den , mat. paris , mat. westminst . vvalsingham , ypodigma neustri● , s●m . dun●●m . ●adulphus de dice●o , bromton , hygden , knyghton , fabian , caxton , grafton , holinshed , speed , 〈◊〉 , ●aker , s. j. haywa●d , and others . x ma● westm . p. . proposit . , . y hist . novo●um , l. . p. . z abbreviat chron. col . proposit . , . a speeds history , p. . s●e sir iohn h●yward in vvill. . b malmesb. de gest . reg. l. . p. , . c eadmerus hist . nov. l. . p. . radulph . de diceto abbrev . chron. col . . cambdens brit. p. ● . d historia p. . e mat. paris mat. westmin . wigorniensis , sim. dunelm . rad. de diceto , bromton , huntind . hoveden , hygden . malmsbur . de gest . reg. l. . p. , . henry de knyghton , de eventib. angl. l. . c. . ingulphi hist . p. . cambdens brittan . p. . speeds hist . p. . grafton , fabian , holinshed , caxton , daniel , baker , fox , sir io , haywood . proposit . , f cambdens brit. p. . speeds hist . p. . daniel hist . p. , ▪ proposit . , . proposit . . g malmsb. mat. paris , mat. westm . huntindon , hoveden , sim. dunelmen . bromton , radulph . de diceto , hygden , knyghton , walsingham , fabian , caxt. holinshed , graft . speed , daniel , baker , ailredus abba . sir iohn haywood . h de vita & miraculis edwardi confessoris . i hen. huntind in hist . l. . p. . polychron . l. . c. . chron. . brompt . col . . hen. de knyghton , de eventibus angliae , l. . c. . speeds history , p. . fox acts and monuments , vol. . p. . cambdens britannia , p. . sir iohn haywood . k malmsbury de gest is regum , l. . p. . [ l ] mat. westminst . p. . mat. paris hist . angl. p. . henry de knyght . de event . angl. l. . c. . fabian part . c. . grafton , holinsh . speed , caxton , haywood , and others . . malmesb. de gest . reg. l. . p. . fabian , part . c. . and others . n restitution of decayed antiquities , p , proposit . , , ● o malmsb. mat. paris , wigorn. hoveden , bromton , hygden , fabian , knyghton , walsingham , holinsh . speed , daniel & others . p de event . angl. l. . c. . [ b ] flores h●st . p. , . r malmsbur . huntindon , hoveden , trigorn . sim. dunelm . mat. paris , mat. westminst . vvalsingham , badulphus de diceto , knyghton , polychron . bromton , fabian , caxton , graston , holinshed , speed , daniel , baker , sir john hayward . [ s ] malmsb. de 〈◊〉 reg. l. . p. . l. . p. . see mat. w●stm . p. . fabian , part . c. . sir . hoyward in vvill. . t ypodigma neustria , p. . u see malmsde gestis reg. angl. l. . p. . x mat. west . p. . malmsoury de gestis reg. l. . p. . mat. paris hist . angl. p. . holinshed , speed , sir iohn hayward and others . notae . y hen. huntindon hist . l. . p. . chron. iohan : bromton col . , . z mat. west . p. , . malmsbury , de gestis regum , l. . p. . a speed , heylyns microcosm . b hist . novorum , l. . p. p. , . c de genealog . reg. angl. col . , . & de vita & mir culis edwardi confessoris , col . . d ypodigma neustriae , p. . e acts and monnments , vol. . p. . here p. . f de vita & miraculis edwardi confessor●s , col . . g de g●stis reg. l. . p. . h ingulphi hist . p. . mat. westminst . mat. paris , p. . wigo●n . p. . hoveden , p. . sim. dunelm . col . . radulphus de diceto abbrev. cbron. col. . knyghton de event . angliae ▪ l. . c. . polychron . l. . c. . walsingham ypodigma ▪ p. . fabian , caxton , grafton , holinshed , speed , stow , baker , sir iohn hayward . i malmsb. de gestis regum , l. . p. , . cambden , speed , daniel , fabian , part . . c. . sir . hayward in william the . k daniels history . l de gestis reg. l. . p . m marianus , vvigorniensis , hoveden , sim. dunelm . speed , holinshed , daniel , cambden , and others . fabian , part . . c. . sir iohn heyward in vvill , the . n m●● . paris ▪ in the life of a●b●t f●ed●●ick , speeds history , p. . iohn stow , sir iohn h●●wa●d ▪ in william the . ( ● ) matthew vvestm . p. . mat. paris , p. , . malmsb. de gestis reg. l. . p. . bromton , knyghton , grafton , speed , daniel and others . p ypodigma neustriae , p. . [ q ] 〈…〉 , l. . p. . malmsb. mat. paris , mat. westm . w●go●n . s●m . dun●lm . radul . de diceto , hov●d●n , bromton , knyghton , hygden , mat. parker , godwin , & g●rv●sius do●ob●rn . in the lives of stigand , and alfred , chron. will. thorne , col . . r chron. io ▪ bromton , col . . ſ mat. parker , ●ntiq . ●ccles . brit. p. , . t chronica ●vill . thorne , col . . u antiq. ecc●es . brit. p. , . x perambulation of kent . y britannia , p. . z catalogue of ●ishops , p a history , p , . sir iohn hayward in vvill. the . proposit . , . b camb●●ns b●itan●ia , p. . iohn s●lisbury in his polycraticon . c mat. paris , mat. westm . vvigorniensis , huntindon , hoveden , malmsb. de gestis reg. & de vitis pontificum in stigando , sim. dun●lmensis , bromton , h●gden , chronicon vvill. tho●ne , col . . hen. de knyghton , de eventibus angliae , l. . c. . matthew parker , and godwin in his life . sir iohn hayward in vvill. . proposit . , , , , d flores hist . p. . e de gestis regum , l. . p. , . * see grotius , de iure bell , l. . c. , , , , . ( e ) b●ittannia in english , p. . f in inspex ▪ par . . e. . membr . . mr. seldens review of his history of tithes , p. . g spelmanni concil . p. . ●oveden , p. . h . seldeni ad eadmerum 〈◊〉 , p. . i cambdens britannia , p. . speeds history , p. , . k here p. . [ l ] de event . angl , l. . c. ● . col . . m col. . n in itinere temps . e. . f. . mr. seldens review p. . o in the life of willam the first , p. , . * reliquiae wo tontanae , p. , , , . proposit . . proposit . . proposit . ▪ proposit . , , . proposit . . proposit . , . proposit . . * here p. . * see rot. parl. h. . n. . to . e. . ● . . to . * see r. . rot. parl , and speed in his life . a speeds history , cambdens britan. and others . here p. . b vvigorn . sim. dunelm . bromt. hovden . an. . here p. . c mat. vvestminster , mat. paris , p. . vvigorniensis , huntindon , hoveden , simeon dunelmensis . bromton , malmsbur . holinsh . speed , knyghton de event . angliae . l. . c. . ●ol . . d de gestis regum , l. . p. . e malmsb. ib. p. . sim. dunelm . de gestis reg. angl ▪ col . . chron. ioh. bromt. col . . f florent . wigorniensis , p. . simeon dunelm . de gest . reg. anglor . col . , . g florent . vvigorn . p. . sim. dunelm . col . . hoveden an. pars . p. . h de gest . reg. l. . p. . i mat. . , ▪ , rom. , , , . * job . , , . psal . . . , . * see part . . p. , to . p prov. . . dan. . . . . . q col. . r acts and monuments , vol. . p. . * heb. . . pet. . . c. , . notes for div a -e a mat. westm . anno . p. , . anno . proposit . , . b malmsb●●y , de gestis r●g . l. . c. . p. . mat. west . an. . anno . proposit . ▪ , . c ●ill . malms . de gest . reg. ● . . c. p. , , . mat. parker antiqu. eccl. brit. p. . , mat. west . anno , , . g●●vasius acta pontif. cant. col . . anno . proposit . , . d see here , p. . * mat. , . e anno . p. . see onuphrius , baleus , and others in his life . f sim. dunelm . de gest . reg. angl. col. . radulph . de 〈◊〉 , col. . see platina , onuphrius , baronius , hermannus schedel . balaeus , opmeerus , and others in his 〈◊〉 . dr. hammond's brief resolution of that grand case of conscience (necessary for these times) concerning the allegiance due to a prince ejected by force out of his kingdoms; and how far the subjects may comply with a present usurped power. brief resolution of that grand case of conscience. hammond, henry, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing h estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) dr. hammond's brief resolution of that grand case of conscience (necessary for these times) concerning the allegiance due to a prince ejected by force out of his kingdoms; and how far the subjects may comply with a present usurped power. brief resolution of that grand case of conscience. hammond, henry, - . p. s.n., [london : ?] caption title. place and date of publication from wing. attributed by wing to henry hammond, however the text apparently refers to king james ii and king william iii, while henry hammond, d.d., died in . reproduction of the original in the john rylands university library, manchester university, manchester, england. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng allegiance -- early works to . great britain -- history -- revolution of -- early works to . great britain -- politics and government -- - -- early works to . - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion dr. hammond's brief resolution of that grand case of conscience , ( necessary for these times ) concerning the allegiance due to a prince ejected by force out of his kingdoms ; and how far the subjects may comply with a present usurped power . question . doth not victory give a right to the conquercur ? and doth it not thence follow , that he which is ejected out of his kingdom , by force of a prevailing party , hath thereby lost his right of allegiance from his former subjects ? and is not then that right devolved on the conquerour , by the force of these words of god , when he saith , dan. . . and . . that he ruleth in the kingdoms of men , and giveth it to whomsoever he will , and setteth up over it the basest of men ? and of ecclus. . . because of unrighteousness the kingdom is translated from one people to another ? and when he doth so , are not all members of such a kingdom obliged ( as the israelites in their deportation to babylon ) to yield obedience to the conquerour ? answer . this objection consists of divers branches , and i shall answer it by degr●es . . that all victory doth not give a right to the conquerour , but onely when the war being founded on a just cause , that just cause hath 〈…〉 with victory . and when that is , depends wholly on the truth of that quetion , concerning the lawfulness of any war. now 〈◊〉 there can never be just war on the subjects part against their 〈…〉 they want the warrart of supr●me authority , without which ( though the cause should be never so just , and the end never so good , ) all the blood that is shed , is no better than murther : therefore though the subjects in such a war should prevail against their sovereign , yet neither is he hereby divested of his just right , nor they invested therewith , because the war was wholly unjust on their part , for want of authority . . therefore if that party whose cause is unjust , shall yet prevail , and prove successfull , then in answer to the second branch , i say , that there is no right acquired by this : for , 't is a mistake to think that this is the meaning of jus victoriae , the right of victory , which the civil lawyers speak of , as if god had by this lottery testified his judgment of the right , and pronounced that just now , which was unjust before ; or that the present force is always to be looked on as the higher powers , and allowed the obedience required by the apostle , as due to them , which is the mistaking of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , power , for 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , authority , and agrees with that speech of the atheists , wis . . our strength is the law of justice , and that which is feeble is found to be nothing worth . and we know 't is gods ordinary dispensation now under the gospel to permit violence to oppress the godly , which sure is no argument that those prosperous ungodly , have the sole right to the possessions of the world , or that the opprest godly man , shall no longer be thought to be opprest , when the prosperous oppressour , is arrived at the height of his oppression . . the question then being removed from the title of force , ( which being itself unjust , cannot confer right on any , ) it must next be consider'd , what dedition ( that is , yielding or resigning up of one's right ) can doe . that will be of two sorts ; either of the prince , or the people ; and again , either voluntary or involuntary . a voluntary dedition , or yielding up , of the rightfull possessor , if he be a private man , transfers a right : but a prince , being a publick person , and having an obligation of protection to his subjects , cannot without some breach of that obligation , abdicate his kingdom , nor consequently voluntarily yield up his power ; or if he do , he cannot transfer the right to any , ( save to the lawful heir or successor , ) without the tacit or express consent of the people also . but in case they consent also , then will his right ( in kingdoms elective ) be transferred by the joint yielding of the king and his subjects . as for kingdoms hereditary , the subjects consent is not necessary ; but the king 's yielding up of his right alone , is sufficient to transfer the right to the next heir . neither can the joint act both of king and people , transfer this right , from the next heir , to any other . the king 's yielding is an absolution of the subjects from the allegiance formerly due to him by them , and so makes it lawfull for them to yield the same to another ; and when 't is thus free and lawfull to them , the intervention of their own act also becomes obligation on them to submit to that person so yielded to . and when this is done ( in kingdoms elective ) and withall when no heir is left to make claim , or the claim is relinquish'd by the right heir , ( in kingdoms hereditary , ) then is the kingdom removed , ( and given by god , who now rules not immediately among us , as he did in the time of the theocracy among the jews , but is then said to remove a kingdom , when his providence so disposes , that by the laws , and right among men , it is removed , ) to another . but till this be done , i. e. till he , or they , in whom the right both of present possession , and future claim by inheritance , is truly vested , do voluntarily yield up that right , and when that is done , till they which by their yielding , are freed from their former bands , do now by their own act enter , into new , what force soever there be , and how successfull soever the force be , there is not thereby any such victory compleated , as shall be able to confer right on the victor , nor remove it from him that hath , and still protests his right , though as yet he be not strong enough to vindicate it . . but then in the next place , if there be a dedition , or yielding up by the king , and that dedition involuntary ; that is , such as nothing but the present success of the force hath inclined him to , then certainly doth it not so divest him of his right , as that it shall be unlawfull for him when he can , to make claim , and recover it again . as he that by a violent invader is made to swear to pay such a summ of money , it is acknowledged lawfull for him to implead that thief , and recover from him , what in performance of that involuntary oath he hath paid him . in this case the difficulty is , what condition those subjects are lest in for that time , betwixt the involuntary dedition of the king , and his renewing of his claim ; and the solution must be , that a proportion be observed between the act of the king , and the subjects consequent act : the act of the king is but a present dedition , and doth not oblige him never to make any farther claim again ; and consequently this gives not any such absolution to the subjects , as that they may doe any thing which shall prejudice that after-claim , or blemish his royalty , such as are taking new oaths of allegiance , abjurations of him and his issue , engagements to the usurped power , &c. all that it can doe , is to make it free for them to submit to such other things , of an inferiour nature , ( which includes not any such blemishment of rights of the lawfull prince , ) provided that they acknowledge not the lawfulness of the present usurped power , nor act as ministers or instruments thereof . this is the utmost that seems possible to determine in this matter . . as for that power which tract of time may be thought to have in this business , that is not considerable , where the claim is continued , ( for that argues the dedition involuntary , ) and much less , when there is no dedition at all ; for there 't was before supposed , that force cannot conser right . . and if by this stating of the case it follow , that the lot of the faithfull subjects must be very unhappy at this time , and that great disorder must necessarily continue in such a broken kingdom , as long as the contention between the violent usurper and the just owner thus remains undecided . i answer : that this is oft the lot of the most pious men under the gospel , who have their good things here mixt with tribulations , and must content themselves in the solaces of a good concience , in performing those duties which cost them dearest , and expect their full payment of joys without hardships , to be paid them in another world. the end . the lord maior of londons letter to the king at yorke, iune, . in behalfe of the aldermen sheriffes, the master and wardens of each severall company in answer to his maiesites letter. the parliaments resolution, concerning the kings most excellent maiestie, and the lords and commons which have absented themselues from the said houses, and are now at yorke attending on his maiesty. like wise the grounds and reasons why they are enforceed [sic] to take arms, with the severall reasons to prove that every man is bound to uphold the parliament against all opposers whatsoever. gurney, richard, sir, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing g thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) the lord maior of londons letter to the king at yorke, iune, . in behalfe of the aldermen sheriffes, the master and wardens of each severall company in answer to his maiesites letter. the parliaments resolution, concerning the kings most excellent maiestie, and the lords and commons which have absented themselues from the said houses, and are now at yorke attending on his maiesty. like wise the grounds and reasons why they are enforceed [sic] to take arms, with the severall reasons to prove that every man is bound to uphold the parliament against all opposers whatsoever. gurney, richard, sir, - . charles i, king of england, - . england and wales. parliament. sheet ([ ] p.) s.n., [london : ] place and date of publication from wing. "ordered by the lords and commons that this be printed and published. ic. bro. cler. par. hen. elsing cler. parl." reproduction of the original in the british library. eng charles -- i, -- king of england, - -- early works to . england and wales. -- parliament -- early works to . great britain -- history -- civil war, - -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no the lord maior of londons letter to the king at yorke, iune, . in behalfe of the aldermen sheriffes, the master and wardens of each severa gurney, richard, sir a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion the lord maior of londons letter to the king at yorke , iune , . in behalfe of the aldermen sheriffes , the masters and wardens of each severall company in answer to his maiesties letter . the parliaments resolution , concerning the kings most excellent maiestie , and the lords and commons which have absented themselues from the said houses , and are now at yorke attending on his maiesty . like wise the grounds and reasons why they are enforced to take arms , with the severall reasons to prove that every man is bound to uphold the parliament against all opposers whatsoever . ordered by the lords and commons that this be printed and published . ic. bro. cler. par . hen. elsing cler. parl. as no greater fidility can be presented to me , then a loyall obedience to your maiesties command , so no greater unhappinesse can befall me , then in conceiving my solicitous indeavours to imbecill and invailid , and not able to incline to myaffections ; for my condiscentious mind is so dubiously ballanced , depending on a double authority , that it is an unexpressible difficulty to my thoughts , how to weigh my resolution with an unquestionable action . if i should not obey your maiesties command in an equitable cause , i might meritoriously bee suspended from that place of honour conferred on mee , undeserving to be your maiesties subiect , muchlesse your personable servant , and liable to your maiesties displeasure and indignation ; yet if i should obey your maiesties command without consent of parliament , i should bee neverthelesse liable to the censure of parliament , so that in various and severall commands a conformity of obedience is very difficult . whereas your maiesty hath received true information of great sums of money endeavoured to be borrowed of your city of london , by directions proceeding from both houses of parliament , with additionall perswasions to your good subiects for the raising of horse and furnishing your parliament with necessary moneyes , ( i your maiesties faithfull subiect ) doe conceive , and dare asseverate , that it is intended upon no other pretence then for the honour and defence of your maiesty , together with both houses of parliament , and for the vniversal security of your kingdomes . and since your maiesties manifold protestations taken in the presence of almighty god , and by your severall oathes taken by the faith of a prince , are ample testimonies of your maiesties iust desires for the publike peace , and sufficient manifestations , of your reall intentions , not to levie war against your parliament , i cannot entertaine such a sinister conceit in my thoughts , that your maiestie will violate those severall oathes by raising any forces , which consequently would ruinate the prosperitie of your maiesties kingdome by a civill discord and i am so confident on the other side , that whatsoever moneys shall be collected , or forces levied by your parliament , they will not derogate any thing from your maiesties prerogative , but to the preservation of the publike peace , and the advancement both of your maiisties honour , and your kingdomes happinesse . so that whatsover mony , plate , horse , arms shall be contributed by your maiesties willing and leyall , subiects of the city of london , being disposed by the prudent dispensation of your parliament , chiefly to maintaine the protestant religion , your maiestis authority , and person in royall dignity the free course of iustice , the lawes of the land , the peace of the kingdome , and priviledge of parliament , and partly to the necessary use of ireland ; as also the payment of the scottish subiects . i hope your maiesty will take it as an acceptable service at their hands , and not looke upon it as the raising forces against your maiesty , or to be done either in malice , or contempt of your , or of your authority . thus i , and the severall companies having herein punctually , observed the direction of both houses of parliament , nothing contradictory to your maiesties commands , we hope your maiesty shall have no cause to proceed against the severall companies , in obeying the trust reposed in them both by your maiestys authority , and by both houses of parliament : or against any particular persons , either as contemners or opposers of your maiesties commands and authoritys , or her law of the land ; doing nothing , but what your parliament wisdome , truth , and equitie have prescribed unto them , as well for the intended safetie of your maiestees person , as the securitie of the kingdom . and that your maiestie shall hereby have no iust occasion to be compelled to question the charter of this your city , which as your maiestie is yet willing to believe , so you may be confident both in a high and low degree will continue loyall to your maiesties sacred person , and authoritie . these ample testimonies of my loyaltie ( sir ) i hope will give your maiestie a satisfactorie contentation , since your maiesties commands are iusty presormed , and obeyed by your maiesties faithfull humble and loyall subject and servant . e. g the reason why the subject is bound to obey the command of the parliament , voted , that if in case of necessity , his majesty shall deny his assent , the ordinance agreed on by both houses of parliament , doth oblige the people , and ought to bee obeyed , being warranted by the fundamentall laws of the kingdome , both houses of parliament hath took into their serious consideration the occasion and reason why the members of the said houses should absent themselves upon their summoning in wherupon they hath drawn up a charge against them , and are resolv'd that they shall pay . l a man , and to be examined by the committee before the next fitting . ordered by the lords and commons in parliament , that this be printed and published . an act with instructions to the commissioners of the respective militia's. england and wales. parliament. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) an act with instructions to the commissioners of the respective militia's. england and wales. parliament. sheet ([ ] p.) printed by john field, printer to the parliament of england, london : . order to print dated: wednesday the th of august, . signed: hen: scobell, cleric. parliamenti. with parliamentary seal at head of document. reproduction of the original in the british library. eng great britain -- politics and government -- - -- early works to . great britain -- militia -- early works to . a r (thomason .f. [ ]). civilwar no an act with instructions to the commissioners of the respective militia's. england and wales. parliament. c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion blazon or coat of arms an act with instructions to the commissioners of the respective militia's . be it enacted by this present parliament , that every person inhabiting or lodging within the late lines of communication , being now within the said late lines , do on or before monday the eighteenth day of august , one thousand six hundred fifty one ; and such as inhabit or lodge within the said late lines , not being now in town , do within three days after their coming to town , exhibit and give in a particular in writing under their hands , of what ordnance , arms or ammunition he or they have in their possession , or which any other person hath for their use within the said late lines , and where and in whose custody the same is , unto the committees for the militia of those parts where he inhabits or lodgeth as aforesaid , or unto such person or persons , and at such places as shall be by them respectively appointed , upon the penalty of forfeiting all such arms as shall not be so discovered , and the double value of them : and that no person aforesaid , do dispose of any such ordnance , arms or ammunition , until the three and twentieth day of august , one thousand six hundred fifty one , without the leave of the respective militia's , or any two of them under their hands , under the like penalty as is aforesaid . and be it further enacted by the authority aforesaid , that no person or persons whatsoever , who have been sequestred , or have been in arms against the parliament , or that have not taken the engagement , or that have appeared in any action or design against the parliament , not being in the parliaments service , shall wear about them any arms whatsoever , from and after the publication hereof , until the first day of october , one thousand six hundred fifty one ▪ without special and particular license from the commissioners of the respective militia's within the respective counties , or any three or more of them , under penalty of forfeiting such arms and the sum of twenty shillings , the one moyety thereof to the poor of that parish where such persons shall be apprehended , and the other moyety to the informer . and it is further ordained , that all housholders within the said late lines of communication , that hath or keepeth any lodgers with them , shall by the sixteenth day of august , one thousand six hundred fifty one , give in a list of the names , surname and conditions of their said lodgers unto the committee of the militia of the places where they inhabit , or unto such as shall be by them appointed to receive the same . and it is further enacted and ordained , that all masters of families within the limits of the late lines of communication , do keep their sons and men-servants within their houses or other where at their several imployments in quiet and peacable order , without tumultuous meetings together , or any disorderly actions ; and if any of their said sons or servants shall depart from their parents or masters , and shall continue so withdrawn for the space of twelve hours or above , their parents or masters shall declare the said departure of their said sons or men-servants , to the committee of the militia of the place where they do inhabit , and give in to them in writing their names and age , under penalty of sequestration : and for the better putting in execution of the premises , the commissioners of the militia of the several counties , cities and places of this commonwealth in their several and respective iurisdictions , are hereby authorized and required to take care to see this act put in execution accordingly ; and are hereby impowered to examine and make search concerning all and every the premises ; and if any person shall appear to them by proof upon oath ( which oath the said commissioners or any three of them , have hereby power to administer ) or confession of the party , to be an offender against this act , they are to levy all and every the penalties herein contained against the said offender , according to this present act : and are further authorized to recompence any person or persons who shall make discoveries to them concerning the premises , out of the said forfeitures , as they shall think fit . provided , that no person shall be prosecuted or impeached upon this act , unless he shall be so impeached within one moneth after the offence committed . provided also , that this act shall continue until the first day of october , one thousand six hundred fifty and one , and no longer . wednesday the th of august , . ordered by the parliament , that this act be forthwith printed and published . hen : scobell , cleric . parliamenti . london : printed by john field , printer to the parliament of england . . a cordial for the cavaliers howell, james, ?- . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing h a estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a cordial for the cavaliers howell, james, ?- . broadside. sold by henry marsh ..., [london?] : . dated and signed at end: julii . j. h. [i.e. james howell]. reproduction of original in the harvard university library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng great britain -- history -- charles ii, - . great britain -- politics and government -- - . - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion a cordial for the cavaliers . worthy , and deserving gentlemen , in the affairs and traverses of this life , it is a tru rule ( and 't is a comfortable one ) that he who dischargeth a good conscience , hath enough of his own wherewith to reward himself , though he receive no compensation from any where else : the world knowes , and envie it self doth acknowledge , that in the late confusions , ( which were of that length that might have shaken the firmest spirits in their loyalty ) you have discharg'd a good conscience three wayes , towards your creator , towards your country , and towards your king ; your religion bound you to the one , nature to the other , and your alleageance to to the third ; and although many of you have not yet receiv'd what you expected for the two last , yet touching the first ( whereunto the other also conduce ) you are sure to have such a reward one day , that will not only be above all merit , but beyond all imagination in the kingdom of eternitie . adde hereunto that i hold your condition to be farr from being desperat , but that you may receive rewards , at least som consideration from the other two , viz from your king and country ; for the present parliament , which represents your whole country , being compos'd of so many wise , and well-weighed gentlemen ( whereof divers have been co-sufferers with you ) will , as it is well hoped , out of a sense thereof , have such reflections upon your sufferings and services , both active and passive , that they will enable his majestie , whom the law stiles , the fountain of honour and bounty , and whereof indeed no other power should partake with him , i say it may well be hoped , that this parliament , before their recesse , will put his majestie in a capacity , and humbly advise him , if not to reward you , yet to relieve your present wants in such a measure , that the steed may not starve while the grasse growes . you know well that the king hath been among us but a little more then the compasse of one year , and his grandfather henry the great of france , was above seven years ( which is an age in our law ) before he could requite those who stuck to him not much above twenty months , in making him master of the flowerdeluces ; you know the vast debts his majestie hath payed both by sea and land , which yet were not his own , nor his kingdoms , but of that accursed usurping commonwealth , which exhausted more of the publick treasure , then all the kings of this land , since gold and silver were first coind in it ; you know he is so shortned , that he hath not yet provided bread for all of his own house ; he is in such a condition , that he cannot give his royal aunt that treatment which might be expected ; he hath not wherewith to go his progresse : consider what vast expences his fleets at sea , his lifeguard , with other garrisons do stand him in ; as also what debts he drew upon himself so many years beyond the seas , for his necessary subsistence , &c. now , whereas some object he hath rewarded roundheads , truly i believe if a catalogue were made of those upon whom he hath conferr'd honour or office since his return , there will be found above twenty cavaliers for one of any other upon whom he hath set any marks of favour . 't is true , albeit he came not in by the presbyterian , yet he could not have come in without him so peaceably , though some alledge that what the presbyterian did , was not as much out of a love to the king , as out of a hatred he bore to the independent , who may be said to have us'd the presbyterian as the fox useth to deal with the badger , who having found out his chamber in the earth , he so berayeth it , that the badger comes thither no more , and so the fox makes himself master of the hole . whereas som except against his majesties lenity , and indulgence , let them know that mercy is the inseparable inmate of a magnanimous breast , and that the noblest way of revenge is to forget , and scorn injuries ; i have read in storie , that one thing which made lewis the twelf of france most famous was a speech which drop'd from him , when being advis'd by som of his counsell to punish such and such as were profess'd enemies unto him while he was duke of orleans , he answer'd , that the king of france doth not use to revenge the injuries of the duke of orleans ; no more ( with most humble submission be it spoken ) doth king charles resent much the wrongs that were done to charles stuart . therefore , noble cavaliers , possess your souls with patience , we have a most gracious king who is in the meridian of his yeers , and will live to revvard all in time . in the confus'd medley of mundane affairs , the proverb often is verified , some have the happ , but some stick still in the gapp , some have the fortune of preferment , some not , and 't will be so to the worlds end . the author hereof though during the many yeers that he was in prison for his loyaltie , had . sworn over his head in an office of credit that hee shold have had de jure , yet it nothing discomposeth him , being more then in hope of a compensation some other vvay . and as vve have a gracious , so have vve a glorious king , the most glorious that ever vvore these three crovvns , for all the eyes of christendom are fix'd upon him vvith a kind of astonishment and admiration ▪ and not only of christendom , but of all the world besides , for 't is vvritten that the great turk should say , if he were to change his religion , he would fall to worship the god of king charles of england , who hath done such miracles for him , such miracles that no story can parallel : and certainly , god almighty must needs love him for whom he doth miracles : vvhich that his divine majestie may continue to do , are the incessant prayers of iulii . i. h. sold by ●enry marsh at the princes armes in chancery-lane , . mr. speakers letter to the kings most excellent majestie, febr. , concerning the great affayres, and state of the kingdome. lenthall, william, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing l ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing l estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) mr. speakers letter to the kings most excellent majestie, febr. , concerning the great affayres, and state of the kingdome. lenthall, william, - . [ ] p. printed for john thomas, london : [i.e. ] attributed to lenthall by wing and nuc pre- imprints. caption title dated "... february the . " [i.e. ]. imperfect: stained, with loss of print. reproduction of original in the bodleian library. eng constitutional history -- great britain. great britain -- politics and government -- - . great britain -- history -- charles i, - . a r (wing l ). civilwar no mr. speakers letter to the kings most excellent majestie, febr. . . concerning the great affayres, and state of the kingdome. lenthall, william d the rate of defects per , words puts this text in the d category of texts with between and defects per , words. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion mr. speakers letter to the kings most excellent majestie , febr. . . concerning the great affayres , and state of the kingdome . honi soit qvi mal l y pense cr royal blazon or coat of arms london , printed for iohn thomas , . the speakers letter of the house of commons to the kings most excellent majestie , february the . . sir , besides my sorrowes ( which pressed me very sore , and remaineth still upon me ) the troubles and griefe that fell upon me for the lamentable breaches in church and state , and for your sacred majesty & hopefull offspring , filled up my sorrowes , and in my thoughts j was grieved that those feares and desolations fell out in your dayes , i confesse , charity suspects not , and the best minds thinkes the least hurt , and the freer a man is , from vice in himselfe , the more charitable he is of others , and this is that which hath proved ( formerly prejudiciall to your majesty , but had your majesty been the first , or the best , that had bin instead , misinformed , or ill rewarded it would be an hard thing to command patience , but griefe is asswaged either by presiden●s , or examples . jt is true of late dayes your majesty being misinformed against some of your best subjects , your majesty thought to have dealt with them , as ioseph thought to have dealt with marie , and so put them away farre from you , but with marie they travailing as it were with child , and that that which they travailed withall might not appeare an illegitimate the onely wise god , sent as it were an angell unto you , to let you see , that like marie they being contracted unto you in love , they have not as yet defiled their marriage bed , but remaine like marie faithfull to their head and soveraigne , and your majesty having beene formerly seduced by false opinions from others against them , j hope you will now be reduced unto them ( and by them ) by true perswasions , and that you may be so the onely wise god that gave your majesty your being , and so knew you better then your selfe , hath dealt with your majesty , as he did with adam in paradise , and so hath provided you a meet helper , when with adam you thought no need of it , now desired it , and your majesty yeelding as adam did , ( in sparing a superfluous rib for to make him a meet helper ) will become a great gainer , for your majesty shall not onely loose those who may very well be spared , but you will gaine to your selfe and your posterity a meete helper , that will endeavour by all meanes that may be lawfull to ease you of many burthens that otherwise might have layne heavie upon you , and this helper is many members of that body , whereof your majesty is become the head ▪ and considering their paines and labour in love , you should doe them iniustice if you should suffer any for to accuse them , j hope there is none ( or will be none ) neere you ( if neere you , yet dares not ) so ingrosse your favours any more to their owne advantage whereby your good subject● may be bereaved of those benefits that ought to be common to all , as for your commons , they goe not about to steale your favours , but to purchase them them legally , and are become unto you as abrahams servant was to his master , who would not either eate , or drinke , untill he had done his masters busines , and i dare say if your commons ( as your late monopolists , and others ) had or did seeke themselves , or their owne advantages , ( more then the good of king and kingdome ) they would have beene wearied after so much labour before now , but mee thinkes j heare your commons say as adam said , let us be but one , and that it may be so , they are willing , not onely for a time to be seperated from their domesticke imployments , but to forsake all , and runne many hazards , to cleave only to your maiesty in a solemne contract , wherefore to make up the contract , you must with isaacke part with something that was formerly neare unto you , and who would no● spare a part , to save the rest , being done it will prove to your maiesty as comfortable and welcome , as rebecca was into isaacks tent . this happy match being made , it would not onely refresh your people , but make glad your heart in time of feares & dangers , it is true , there is many that have brought your majesty into troubles , and feared dangers ( and the more too blame they , for leaving your majesty , having brought you into them ) it is true , there are many with orpha , seeing your troubles , have left you , but your commons like ruth are resolved to stick close unto you , and will endeavour to helpe you , if with david you will be advised by them ( who blessed god for the seasonable councell of a woman , when he was upon a desperate designe ) judge then of their loves & affections to your majesty , by yours to them ; and then tell me , whether they doe not love you ▪ doubtlesse , yes ; accounting their lives not deare unto them , so that they may but finish their worke with ●oy ▪ and accomplish their good ends concerning you , and i doubt not , but that j speake it in the name of many & in truth by your late yeelding and free expression ; you have stollen me from my selfe , yea , and am now wounded within me , and like moses , who was wounded within himselfe , and could hardly endure to looke upon god 〈◊〉 he discended in mercy . jt is true , there is nothing engageth a soule to god , or a subject to a king , as the appearance of love , this made moses to say : how dreadfull is thy place o god , and this is that which hath stollen me from my selfe , so that j am no more mine owne , but yours ; yea , by this returne of yours to your people , you will winne them to obedience with kindnesse , and by doing so ; you will make good that which you were sent for , whose eares ought to be imployed for the good of your subjects ; knowing that their love is your greatest safety , and their prosperity your greatest honour and ●elicity ; & this is that which will make your bed easie ; when you shall possesse the just title to the crowne with the love of your people , and the continuance of it with the willing applause of the subject , is the ●ighest way to a blessing , and the hopes of this is that which hath brought me to renue and confirme the covenant that your majesty made with me from your first entrance to the crowne , and because you could not sweare by no greater , swore by the eternall god , that you would defend mee , and at the first of our contract we made but one , your power and all that you had was mine to defend me , & to do me good , but there have bin some of late , that have set your majesty against mee . ( j speake it in the name of many ) and have perswaded you to beate me , and to force me to obedience , though of my selfe willing to obey , being of a nature sooner wonne , then compelled , and this is that which hath sore troubled me , yet this is not all , but when an oath , ( with an et coetera ) was put upon me , it wounded me ▪ for by the oath that i had taken already ▪ i was bound fast enough , but the truth is when these things befell me , j was affraid that some evill minded men like to potiphers wife , seing mine innocencie , and more faithfull to you ▪ my husband , then themselves , had complained against me without cause , and this i could hardly beare , for by this meanes our great adversaries , the divill and pope , laboured to sowe contentions , and jealousies betweene us and this is that which will be a meanes to undoe us both when your majesty ( which is become my head , and husband ) speaks kindly unto me , and is ruled by those that love us both my heart is inflamed , with a love unto you , but when your ministers abuse yo●●●ajesties kindnesse , and become tirants to their fellow ser●●nts , yea when they shall goe about to justifie themselves , and lay all their villany upon your majestie , this j can hardly beare , for by this meanes j am deprived of my mariage bed , and of my wonted society , and am troubled within my selfe , when i see your majesty ( which is become my head and husband ) strange unto me , but i hope every former breach will unite love the stronger wher●fore being now reconciled to your commons , feast , live love , and dye together , and be more firme in your neare vnion , then ever divided in your heartie unkindnesse , so shall you meete in the end and never part , but be like rachell and leah , which two ▪ built up the house of israell , you are now in the way , and it is sayd ▪ genesis , . that whilst the servant of abraham was in the way , god blessed him , the same god blesse you , and for your comfort , and incouragement ▪ know , by so much shall you grow to perfection , by how much you draw neare to vnitie , i confesse had the balaacs and baalams of our times beene so evill as they would have beene , the world had beene overrunne with evill , but such is the wisdome of god , that ofttimes he hides from evill men those times and seasons , that might prove prejudiciall to his people , so when saul sought for david , it is true the good god might have destroyed the baalams and wicked sauls of our times , but many times he will not , for god hath something more for them to doe , and it is not so much glory to god to take away wicked men , as to vse their evill to his owne holy purposes , and gaineth many times more glory by working good by evill instruments , then by destroying of them presently in their wicked purposes , for it is a true maxime , that it sufficeth a good man ▪ that here resisteth the evill actions of the wicked , whilest they love their persons . j confesse , our balaams and our sauls , had gone very farre , but in some things god permits in indignation , not for that hee gives leave to the act , but that he gives a man over to the sinne in the act , and yet this sufferance imployes not favour but judgement , and god is contented the devill should winne himselfe credit ( sometimes ) where he means to judge , i confesse our sauls and our baalams like cisera , trusted in their strength , but like cisera many of them runne away , yet in spight of them all , the lord hath made a seasonable and hopefull provision for his people . jt is too true by the meanes of our sauls , your majesty became to your people and commons , as the angell was unto gydeon , and so made them affrayd , but like the angell that made gydeon affrayd , your majesty hath returned to their comfort , and as god he useth , where he loues ▪ he imployes , and like christ himselfe you are now willing to enjoy them b● a willing contract , and not by 〈◊〉 , and by this meanes you appeare now unto your people like moses , who had more glory by his vale , then by his face , and i doe no● doubt but when all things shall be made manifest , but that one faithfull david will be in more 〈◊〉 with your majesty ; then either the sauls or baalams 〈…〉 is true , by the meanes of our sauls the crowne 〈◊〉 become full of cares , and your majesty 〈◊〉 almost beene wearied by them , would faine now take some rest , and that your majesty may rest , j will with iacob give god no rest untill he have blessed you , wherefore being now reconciled unto your commons , you will become as sweet and pleasant to the church , and the three kingdomes , as the tree that god shewed to moses , which when he cast into the waters , the waters were made sweet ( which formerly were bitter ) j know that thankefulnesse and love , can doe more with good men , then merit or necessity , and me thinkes i see you like our saviour who thirsted after the salvation of mankind , and j beleeve it was not so much out of drynesse as out of love , goe you and doe so likewise , knowing that modest beginnings , and hopefull proceedings makes happy endings , and for your comfort know , that god whose battels you fight , will provide a due reward , and so j commend the saying of salomon unto you , eccles. . . whatsoever thy hand findeth to doe , doe it with thy might , for there is no worke nor device , nor knowledge , nor wisedome in the graue whither thou goest . finis . an act for further impowring the commissioners for removing obstructions to determine claims. england and wales. parliament. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) an act for further impowring the commissioners for removing obstructions to determine claims. england and wales. parliament. sheet ([ ] p.) printed by john field, printer to the parliament of england, london : . order to print dated: tuesday the twelfth of october, . signed: hen: scobell, cleric. parliamenti. with parliamentary seal at head of text. reproduction of the original in the british library. eng attachment and garnishment -- england -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no an act for further impowring the commissioners for removing obstructions to determine claims. england and wales. parliament. a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion blazon or coat of arms an act for further impowring the commissioners for removing obstructions to determine claims . be it enacted by this present parliament , and by the authority thereof , that the commissioners named in one act of parliament , ( entituled , an act for transferring the powers of the committees for obstructions ) or any four of them , be hereby authorized and required to hear and determine all claims and causes ( as yet not fully determined ) upon petitions formerly made to the said commissioners , or to the late committee of parliament for removing of obstructions in the sale of any manors , lands , tenements or hereditaments , by any act or ordinance of this present parliament directed to be sold . provided always , that the said petitions were presented in time , according to the respective times by the several acts , ordinances or orders of parliament in such cases limited and appointed . and be it further enacted , that all such reports of particular cases as by the late committees of parliament for obstructions were ordered to be made to the parliament , together with the depositions and papers concerning the same , be transferred to the said commissioners , who are hereby authorized and impowred to hear and determine the same ; as also to hear and determine all such cases as by the said commissioners have been ordered , or as are appointed to be reported to the parliament . tuesday the twelfth of october , . ordered by the parliament , that this act be forthwith printed and published . hen : scobell , cleric . parliamenti . london , printed by john field , printer to the parliament of england . . reasons for abrogating the test imposed upon all members of parliament, anno , octob. in these words, i a.b. do solemnly and sincerely, in the presence of god, profess, testifie, and declare, that i do believe that in the sacrament of the lord's supper there is not any transubstantiation of the elements of bread and wine into the body and blood of christ, at, or after the consecration thereof by any person whatsoever, and that the invocation or adoration of the virgin mary, or any other saint, and the sacrifice of the mass, as they are now used in the church of rome, are superstitious and idolatrous : first written for the author's own satisfaction, and now published for the benefit of all others whom it may concern. parker, samuel, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing p estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) reasons for abrogating the test imposed upon all members of parliament, anno , octob. in these words, i a.b. do solemnly and sincerely, in the presence of god, profess, testifie, and declare, that i do believe that in the sacrament of the lord's supper there is not any transubstantiation of the elements of bread and wine into the body and blood of christ, at, or after the consecration thereof by any person whatsoever, and that the invocation or adoration of the virgin mary, or any other saint, and the sacrifice of the mass, as they are now used in the church of rome, are superstitious and idolatrous : first written for the author's own satisfaction, and now published for the benefit of all others whom it may concern. parker, samuel, - . [ ], p. printed for henry bonwicke ..., london : . marginal notes. signed: sa. oxon. reproduction of original in huntington library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- parliament. test act ( ) great britain -- politics and government -- - . - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - rina kor sampled and proofread - rina kor text and markup reviewed and edited - pfs batch review (qc) and xml conversion let this be printed , whitehall , decemb. . . sunderland p. reasons for abrogating the test , imposed upon all members of parliament anno . octob. . in these words , i a. b. do solemnly and sincerely , in the presence of god , profess , testifie , and declare , that i do believe that in the sacrament of the lord's supper there is not any transubstantiation of the elements of bread and wine into the body and blood of christ , at , or after the consecration thereof by any person whatsoever ; and that the invocation or adoration of the uirgin mary , or any other saint , and the sacrifice of the mass , as they are now used in the church of rome , are superstitious and idolatrous . first written for the author 's own satisfaction ; and now published for the benefit of all others whom it may concern . london : printed for henry bonwicke at the red lyon in st. paul's church-yard , mdclxxxviii . reasons for abrogating the test . the test imposed upon all members of parliament , october . . ought ( i humbly conceive ) to be repeal'd for these reasons ; first , because it doth not only diminish , but utterly destroy the natural rights of peerage , and turns the birth-right of the english nobility into a precarious title : so that what was in all former ages only forfeited by treason , is now at the mercy of every faction or every passion in parliament . and therefore how useful soever the test might have been in its season , it some time must prove a very ill precedent against the rights of peerage ; for if it may be allow'd in any case , there is no case in which it may not be imposed . and therefore i remember that in the first transubstantiation-test , anno dom. , the rights of peerage are [ indeed according to constant custom ] secur'd by proviso . provided always , that neither this act , nor anything therein contained , shall extend , be judged , or interpreted any ways to hurt or prejudice the peérage of any péer of this realm , or to take away any right , power , privilege or profit , which any person [ being a péer of this realm ] hath or ought to enjoy by reason of his péerage , either in time of parliament or otherwise . and in the year . when this test or oath of loyalty was brought into the house of peers , that it is not lawful upon any pretence whatsoever to take up arms against the king , and by his authority against his person , it was vehemently protested against as a breach of privilege . no body could except against the matter of the test it self , much less the nobility , who had generally taken it upon the account of their several trusts in the militia . so that the only debate was , whether the very proposal of it , as a qualification for a right to sit in parliament , were not a breach of the fundamental right of peerage ? and after some debates upon the point of peerage it was , without ever entring into the merits of the cause it self , thrown out by an unanimous vote of the house , april . . before the putting of the question , this protestation is entred . a bill to prevent the dangers which may arise from persons disaffected to the government . the house resolv'd into a committee to consider of it , and being resum'd , the question was put , whether this bill does so far intrench upon the privileges of this house , as it ought therefore to be cast out ? it was at first resolved in the negative with this memorandum , that before the putting the abovesaid question , these lords following desired leave to enter their dissents , if the question was carried in the negative , and accordingly did enter their dissents , as followeth . we , whose names are underwritten , being peers of this realm , do according to our rights , and the ancient usage of parliaments , declare , that the question having been put , whether the bill , entituled an act to prevent the dangers which may arise from persons disaffected to the government , does so far entrench upon the privileges of this house , that it ought therefore to be cast out , it being resolved in the negative , we do humbly conceive , that any bill which imposeth an oath upon the peers with a penalty , as this doth , that upon the refusal of that oath they shall be made uncapable of sitting and voting in this house : as it is a thing unpresidented in former times , so is it in our humble opinion the highest invasion of the liberties and privileges of the peerage that possibly may be , and most destructive of the freedom which they ought to enjoy as members of parliament . because the privilege of sitting and voting in parliament is an honour they have by birth ; and a right so inherent in 'em , and inseparable from 'em , as that nothing can take it away , but what by the law of the land must withal take away their lives , and corrupt their blood ; upon which ground , we do here enter our dissent from that vote and our protestation against it . qvaere , how many of those noble lords voted for the test in . and then , whether if they have preserved their rights of peerage , they have preserv'd its honour too ? but the debate was kept up many days , till at last , april . . it came to this issue . it was at last resolved , that no oath shall by this bill be imposed ; and pass'd into a general order by the whole house , nemine contradicente , as followeth . order'd by the lords spiritual and temporal in parliament assembled , that no oath shall be imposed by any bill or otherwise , upon the peers with a penalty in case of refusal to lose their places and votes in parliament , or liberty of debates therein ; and that this order be added to the standing orders of this house . secondly , it ought to be repealed , because of its dishonourable birth and original ; it being the first-born of oats's plot , and brought forth on purpose to give credit and reputation to the perjury . now i should think that when the villainy of that is so fully laid open to the world , it should not a little concern the honour of the nation , but very much concern the honour and wisdom of the house of peers , to deface so great a monument erected by themselves in honour of so gross an imposture . it is shame enough to the present age to have given any publick credit to so enormous a cheat , and the greatest kindness it can do it self , is to destroy , as much as may be , all the records of acts done by the government to abett it . what will posterity judge of the present nobility , to see such an unpresidented law , not only enacted upon so foul an occasion ; but after the discovery of the cheat , asserted with heat and zeal , though to the subversion of their own fundamental rights and privileges ? besides , the roman catholick peers have suffered severely enough already by their own honourable house's giving credit to so dull an imposture : and i think it is the least compensation that they can in honour make them , only to restore 'em to their natural rights . what will foreign nations and future ages think of the injustice and barbarity of the present peerage , to suffer english noblemen to be stript of the greatest privilege of their birth-right by so unheard of a villainy ? and when it is in their power to see their injur'd peers redressed , that they should not only suffer 'em to be so basely robb'd of their peerage , but should for ever establish and ratify the fraud by authority and force of law. this wou'd be an eternal national reproach , and such a blot upon the house of peers , that no length of time cou'd wear away ; nothing but the universal conflagration could destroy . thirdly , it ought to be repealed , because of the incompetent authority by which the law was enacted : it is a law of an ecclesiastical nature , made without the authority of the church , contrary to the practice of the christian world in all ages , and indeed to our saviours own commission , who setled all power of government , and especially the legislative ( which is the highest act of it ) upon the officers of his own kingdom ; so that for any other order of men , to assume the exercise of any such authority to themselves , is no less than to depose him from his throne , by disowning , neglecting , and affronting his commission to his catholick church . this power of making decrees concerning divine verities , is the very foundation upon which the whole fabrick of the christian church hath hitherto stood , and is to stand to the end of the world. for if it be once taken away , as here it is , there is no peculiar government left to the church it self , and without government there can be no society , or band of union ; and without that , there remains nothing but confusion : so dangerous a trespass is it for the temporal powers to entrench upon this sacred prerogative of the holy catholick church . the civil power may restrain the exercise of it , as they shall judge meet for the ends of peace , and the interest of the common-wealth , and punish it too , at their own discretion , if it shall any way presume to entrench upon the power of the state. but tho' it may prevent or correct abuses , yet it cannot usurp the power it self without manifest sacrilege and blasphemy ; in short , this is such a daring invasion of our saviour's own kingdom , that nothing more imports christian kings and governours , than to be wary and cautious how they lay hands upon it . neither can it be pleaded this law was consented to by the bishops ( to their shame ) in the house of lords . for first , it being an ecclesiastical law , it ought to have been antecedently enacted by them , without any lay-concurrence ; and when they had first decreed it by their own proper authority , then , and not before then , was it lawful for the parliament to take it into their consideration , and as they judged fit , to abett it with temporal penalties . which practice ( as i have before mentioned ) was ever most religiously observed by all christian kings and princes , and never before violated , but by apostates and rebel parliaments . but then secondly , the bishops sit not in the house of lords as bishops , but as temporal barons , and so act not there by virtue of any power derived from our blessed saviour , but from the meer grace and favour of the king ; and if they themselves should pretend to exercise any ecclesiastical authority in that place , they would most scandalously betray , and as much as in 'em lyes , destroy the very being of a christian church , and profanely pawn the bishop to the lord : besides , that lastly by the law of england the ecclesiastical power is setled in convocation ; so that to enact any thing of that nature without their consent , is to betray the rights of the church of england as by law established in particular , as well as of the church catholick in general . fourthly , it ought to be repealed because of the uncertainty and falshood of the matters contained in the declaration it self ; as , first , that there is no transubstantiation in the sacrament of our saviour's body and blood. and secondly , that the invocation of saints and the mother of god is idolatry : both which propositions are by this law to be solemnly and sincerely in the presence of god professed , testifyed , and declared , which in conscience is the same thing with a formal oath , whatever it is in law. now to oblige the whole nobility of a nation , to swear to the truth of such abstruse and uncertain propositions , which they neither do nor can , nor indeed ought to understand , and this upon penalty of forfeiting the privileges of their birth-right , is such a monstrous and inhumane piece of barbarity as could never have enter'd into the thoughts of any man , but the infamous author of it , neither into his ( as malicious as his nature was ) but in his fierce pursuit of princely blood ; for that was the only design of all his actions after the starting of the otesian villainy ( of which this test was the first sacrament ) to pursue and hunt down the heir of the crown , which all the world knows , and is now satisfied , he sought by numberless perjuries , tho' by nothing more than this test , by which he stript his royal highness of the guards of his most faithful friends ; and when he was left alone , it was an easy matter to come to his person , and in him to the monarchy ; so that the very next thing that followed immediately upon it , was the black bill of exclusion : and next to that it was the very master-piece of little achitophel's wickedness . but to return to my argument . what is meant by transubstantiation is a thing altogether unknown and uncertain , especially to the persons chiefly concerned , the nobility and gentry of the kingdom : it is a word and a notion chiefly handled by the schoolmen and metaphysicians skill , in whose writings is the least part of a gentlemans education , their learning is more polite and practicable in the civil affairs of humane life , to understand the rules of honour and the laws of their country , the practice of martial discipline , and the examples of great men in former ages , and by them to square their own actions in their respective stations , and the like ; but for the wars between scotus and thomas aquinas , the nominalists and the realists , and the several common-wealths in the metaphysical world , they are not more beyond than they are below their knowledge , and yet these numberless sects of disputers do not quarrel and differ more about any one thing , than the notion of transubstantiation . how unreasonable a thing then is it , to impose it upon the nobility and gentry of a whole nation under forfeiture of all their share in the government , to abjure a thing that is morally impossible for them to understand ? this seems too bold and profane an affront to almighty god , in whose presence the protestation is made ; and only declares that men will swear any thing , they know not what , before the great searcher of hearts , rather than lose any worldly interest : and i dare appeal to the honourable members of both houses , if ( when they consider seriously with themselves ) they have any distinct idea or notion in their minds of the thing they here so solemnly renounce . i fansie if every man were obliged to give his own account of it , whatever transubstantiation may be , it would certainly be babel . the two fathers or rather mid-wifes of the first transubstantiation test , in the year . were the two famous burgesses of oxon , who brought it forth without so much as consulting their learned vniversity . how much the gentleman burgess understood , i can only guess ; but i am very apt to believe , that his brother , the alderman , ( if the tryal were made ) cannot so much as pronounce the word , much less hammer out the notion . in short , there seems to be but a prophane levity in the whole matter , and a shameless abuse put upon god and religion , to carry on the wicked designs of a rebel faction , as the event hath proved . but for the true state of this matter , i find my self obliged to give a brief historical account of the rise and progress of this controversie of transubstantiation ; which when i have done , the result and summ of the account will be , that there is no one thing in which christendom more both agrees and disagrees . all parties consent in the thing , and differ in the manner . and here the history will branch it self into two parts : i. as the matter is stated in the church of rome . ii. as it hath been determined in the protestant churches . where the first part will sub-divide it self into two other branches . st . the ecclesiastical account of the thing ; that is , the authoritative definitions and determinations of the church about it . and , ly . the scholastical account , or the various disputes of the school-men among themselves in their cells and cloysters , none of which were ever vouched by the authority of the church : and when i have represented the whole matter of fact , i may safely leave it to the honour and wisdom of the nation to judge , whether of all things in the world transubstantiation be not the unfittest thing in it to set up for a state test ? in the first place then it is evident to all men , that are but ordinarily conversant in ecclesiastical learning , that the ancient fathers , from age to age asserted the real and substantial presence in very high and expressive terms . the greeks stiled it , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . and the latins agreeable with the greeks , conversion , transmutation , transformation , transfiguration , transelementation , and at length , transubstantiation : by all which they expressed nothing more nor less than the real and substantial presence in the eucharist . but to represent their assertions at large , would require much too long a discourse for this short essay . and therefore i shall only give an account of it from the time that it first became a controversie . and the first man that made it a publick dispute , was berengarius , archdeacon of anger 's , in the eleventh century , about the year , who pleaded in his own behalf , the authority of a learned man , iohannes scotus erigena , who passed without censure in the ninth century ; but , to pass him by , it is certain , that berengarius publickly denyed the doctrine of the real and substantial presence of the body and blood of christ , and resolved the whole mystery into a mere type and figure ; for this he is condemned of heresie in the year , in a council at rome , under leo the ninth ; and in the same year , in a synod at verselles , and another at paris ; and afterwards by victor the second , in the year . upon which berengarius , in a council held at tours , in the same year , submitted , and solemnly recanted his opinion . but soon relapsing , pope nicholas the second , summons a council at rome , of bishops , in the year , where berengarius abjures his opinion in this form , viz. that he anathematizes that opinion , that asserts , that the bread and wine , after the consecration upon the altar , is only a sacrament , and not the true body and blood of our lord iesus christ ; and that it is not sensibly handled , and broke by the priest's hands , and so eaten by the communicants . and this declaration he seals with an oath to the blessed trinity upon the evangelists . but upon the death of pope nicholas , or rather of king henry the first of france , a vehement enemy of berengarius his doctrine , ( who therefore had summoned the fore-mentioned several french councils against him ) berengarius returns to his old principles , and publickly justifies them , in writing , to the world. for which he is censured by several provincial councils . but then gregory the seventh , succeeding in the apostolick see , calls a council at rome in the year , in which berengarius abjures again , much after the same form with the former abjuration . but pope gregory ( not satisfied with the same general confession , of the substantial presence , that he had already eluded ) in a second council , held the year following , he imposes this from of recantation upon him . i berengarius believe in my heart , and confess with my mouth , that the things upon the altar , by virtue of prayer and consecration , are changed into the true and proper flesh and blood of christ , and are the true body of christ , that was born of a virgin , and sacrificed upon the cross , for the salvation of the world , and that sits at the right hand of the father ; and the true blood of christ that was shed out of his side , not only as a sacramental sign , but in propriety of nature , and reality of substance . this is indeed a pretty bold assertion of the substantial presence ; but as to the modus of it , it is evident , that he durst not venture to desine it , as himself declares in his commentaries upon the gospels , where after having recited several opinions about it , he concludes , but these several surmises i shall not pursue , it is enough that the substance of the bread and wine are converted into the substance of the body and blood of christ ; but as to the modus of the conversion , i am not ashamed to confess my ignorance . and so ended this controversie at that time ; berengarius ever after living peaceably ; and about eight years after dying in the communion of the church . but about this time aristotle's philosophy was brought into europe , out of arabia , as it was translated into the arabick tongue by averroes , avicenna and others , and out of them translated into latin ; for the greek language was at that time utterly lost in those western parts of the world. this being then a mighty novelty , the school-men , that were the only pretenders to learning at that time , embraced it with a greedy and implicit faith , supposing it the very gospel of all philosophick knowledge ; and therefore set themselves to mix and blend it with the doctrines of the christian schools ; and by its rules and maxims to explain all the articles of the christian faith. among the rest , he had one very odd notion , singular to himself , from all the other philosophers of greece , viz. that every substance was compounded of matter and form ; and that these two were really distinct from one another ; and then that the quantity of every body was really distinct from the substance of it , and so distinct as to be separable from it : and lastly , that all other qualities , accidents , and predicaments were founded not in the substance , but in the quantity ; and therefore in all change of affairs ever fol'owed its fortunes . now the catholick church having in all ages asserted the real and substantial presence ; oh , say they ( to shew their deep new learning ) that is to be understood in the aristotelian way , by separating the form of the bread from the matter ; but chiefly by separating the inward substance of bread , from its outward quantity , and its retinue of qualities . this was the rise of philosophick or scholastick transubstantiation , that the quantity and accidents of the bread are pared off from all the substance , and shaped and moulded a-new , so as to cover an humane body : and after this they run into an infinite variety of disputes and hypotheses among themselves ; so that till the last age , it hath been the chief entertainment of all pretenders to philosophy in christendom . rupertus abbot of dentsch , a village upon the rhine , lying on the other side of the river , against the city of cologne , a man of great reputation for learning in that age , makes out the philosophy of the thing , by the vnion of the word , or divine nature , that is omnipresent with the bread and wine ; and it is that vnity ( he says ) that makes it one body with that in heaven : and withal , that it is as easie for our saviour to assume , or unite himself to one as the other ; and when that is done , they are both one body ; because they are both his body . this was fine and curious , but not aristotelian enough for that age ; in which that philosophy was set up as the standard of humane wisdom , by the beaux esprits : among these , petrus abelardus gain'd a mighty name and reputation for his skill in these new found philosophick curiosities , tho' otherwise a man versed ( much beyond the genius of that age ) in polite learning ; but being of a proud and assuming nature , he soon drew upon himself the envy of the less learned monks ; which cost him a long scene of troubles , as he hath elegantly described them , in his book of his own persecutions . but among many other singularities to maintain the separation of the matter from the form , and the substance from the accidents in the sacrament of the altar he is forced to make use of this shift , that upon the separation of the substance , the accidents that cannot subsist of themselves , are supported by the air. but then comes peter lombard , anno . grand master of the sentences , and father of the next race of school-men , who indeed proves the real and substantial presence out of the ancients ; particularly st. austin and st. ambrose ; but when he comes to explain the manner of it , whether it be a formal or material change ; whether the substance of the bread and wine be reduced into its first matter , or into nothing , and the like , his conclusion is , definire non sufficio : i presume not to determine ; and therefore quitting these uncertain things , this i certainly know from authorities , viz. that the substance of the bread and wine , are converted into the substance of the body and blood of christ ; but as for the manner of the conversion , we are not ashamed to confess our ignorance . but if you inquire in what subject the accidents subsist , he answers problematically ( mihi videtur ) that they subsist without any subject at all . but it was agreed in all schools , that whatever became of the substance the accidents remained : and that all outward operations terminated there ; and that only they were broken and eaten . but as for the substance of the bread and wine , some were for its permanency with the substance of the body and blood , some for its annihilation , some for physical conversion . but then these curiosites were kept in the schools , where witty men , for want of more useful imployment entertained and amused themselves , with these fine subtleties of thought : but then they were confined within the schools and never admitted so much as to ask the authority of the church . in the next age comes that young and active pope , innocent the third , who succeeded to the see , anno . in the thirty seventh year of of his age , having been made cardinal in the twenty ninth . in the eighteenth year of his reign he summoned the famous fourth , or great council of lateran , at which were present above bishops , metropolitans and patriarchs , besides embassadors from all princes in christendom , for recovery of the holy land , extirpation of heresies , and for reformation of the church . in this council the word transubstantiate is first used in a decree of the church , to express the real or substantial presence of the body and blood of christ in the sacrament , under the species of bread and wine : where , in the decree against the heresie of the albigenses , who denied the real presence , it is enacted , that the body and blood of christ , are really contained under the species of bread and wine : the bread being transubstantiated into the body , and the wine into the blood , by the power of god. but though the council used the word to express the mystery , they did not so much as define its signification , much less the nature of the thing . it was a word that at that time ( it seems ) was in fashion , having been made use of by some of the more polite writers of the age. some give the honour of the invention to paschasius radbertus , some to petrus blesensis , and some to others ; but being a word in vogue among learned men , the council made use of it as a term of art , instead of the old word , transelementation , that had hitherto kept its possession among both greeks and latins . it is pity the greek copy of this canon is lost , whereas all the rest are preserved : for if we had the greek word that answered to the latin , it might have given us some more light into the thing . however , this was all that was defined by innocent the third , or by the council of lateran ; for it is much disputed by learned men , who was the author of those canons , many contending that they were drawn up after the council , because they often quote , and appeal to its decrees . this is the chief argument of the learned and the loyal william barclay , and others against them . but if these learned men had considered a little further , and looked back to the third council of lateran , they would have found all the canons cited in this extant in that : so that only some canons of the third council , are revived and ratified in this fourth : and after the clearing of this objection , i can see no other material exception against them . but to proceed ; this word having gain'd the authority of so great a council , and being put into the decretals of the church , by gregory the ninth , in honor of his uncle innocent the third , it soon gained universal usage among the latins , and was adopted into the catalogue of school terms ; and was there hammer'd into a thousand shapes and forms , by those masters of subtlety : and upon it st. thomas of aquin erects a new kingdom of his own , against the old lombardian empire ; but long he had not reigned , when scotus , our subtle country-man , set up against him . and whatever st. thomas of aquin asserted , for that reason only , he contradicted him ; so that they two became the very caesar and pompey of the schools , almost all the great masters of disputation from that time , fighting under one of their commands ; and what intelligible philosophy both parties vented about the substantial o● transubstantial presence , upon supposition of the real difference between matter and form , substance and accidents , would be both too nice and too tedious to recite ; only in general the thomists maintain the transmutation of the elements ; the scotists , the annihilation ; and they proceed to abstract so long , till they could not only separate the matter and form , and accidents of the bread from one another , but the paneity or breadishness it self from them all , and founded a new vtopian world of metaphysick and specifick entities and abstracts . thus far i have , as briefly as i can , represented the scholastick history of this argument ; in which the authority of the church is not at all concerned ; having gone no farther than to assign or appropriate a word to signifie such a thing ; but all along declaring the thing it self to be beyond the compass of a definition . i know 't is commonly said , that the council of trent hath presumed to define the modus ; and learned men ( i know not by what fatal over-sight ) take it up on trust one from another ; and the definition is generally given in these terms : that , transubstantiation is wrought by the annihilation of the substance of the bread and wine , the accidents remaining : to the which annihilation succeeds the body and blood of christ , under the accidents of bread and wine . so the bishops of durham and winchester represent it ; so mr. alix , and the writers of his church , and not only so but contrary to the sence of all other churches , they confound the real presence with transubstantiation , as this learned man hath done through his whole disputation upon it , using the very words promiscuously ( as indeed all the modern followers of calvin do ) and charging the same absurdities upon both , and imputing the first invention of the real presence to nicolas the second , and gregory the seventh , in their decrees against berengarius . but i cannot but wonder how so many learned men should with so much assurance fansie to themselves such a definition in the trent council , of the modus of transubstantiation , by the annihilation of the substance , and the permanency of the accidents , when the fathers of that council were so far from any such design , that they design'd nothing more carefully , than to avoid all scholastick definitions . the subtil disputes about the modus existendi ( as they termed it ) between the dominicans and franciscans in that council are described at large by father paolo himself in the fourth book of his history . but withal , he says , they were extreamly displeasing and offensive to the fathers , but most of all to the nuncio himself ; and therefore it was resolved in a general congregation to determine the matter in as few and general terms as possible , to offend neither party , and avoid contentions ; and when , notwithstanding this decree , they fell into new disputes , they are check'd by the famous bishop of bitunto , who was one of the chief compilers of the canons , telling them they came thither to condemn heresies , not to define scholastick niceties . and accordingly in the very first chapter of the th . session , in which this article was defined , when they determined the real presence ; they at the same time declare the existendi ratio to be ineffable ; and in the th . chapter , where transubstantiation is decreed , the canon runs thus : that , by the consecration of the bread and wine , there is a conversion of the whole substance of the bread into the substance of the body of christ , and of the whole substance of the wine into the substance of his blood , which conversion is fitly and properly called by the holy catholick church ; transubstantiation . in all which the council only appropriates the word transubstantiation to express the real presence , which it had before determined in the first chapter , not to be after a natural way of existence , as christ sits at the right hand of god , but sacramental , after an ineffable manner . tho here some peevishly object , the inconsistence of the council with it self , when it declares , that the thing is inexpressible and yet appropriates a word to express it : whereas all christendom knows that the procession of the eternal word from the father is ineffable , and yet is expressed by the word generation ; and that the vnion of the divine and humane nature is ineffable , and yet is called the hypostatical vnion ; and that the vnity in the trinity is ineffable , and yet is expressed by the word consubstantial : so that this council seems to have defin'd no more than the council of nice did in the doctrine of the blessed trinity , in expressing the unity of the three persons by the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , and the distinction , by the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , which amounted to no more than this , that as it is certain from the holy scriptures that in the unity of the god-head there is a trinity , so the holy fathers to avoid the niceties of contentious men , such as arius was , determine that for the time to come the mystery shall be expressed by the terms 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ; but as for any philosophical notion of the mystery , the church never presum'd to define it , and this is the definition of the council of trent , of the real presence , that there is a conversion of the substances under the species or appearances of bread and wine , which the church hath thought convenient to express by the word transubstantiation . and yet tho the council approve the word , yet it does not impose it , it only declares it to be convenient , but no where says 't is necessary . and as for the term conversion , it is much older than the word transubstantiation , familiarly used by the ancient fathers ; and so is the word species : i know indeed it is usual with school-men and protestant writers to translate the words under species of bread and wine , by these words , under the accidents of bread and wine , as particularly the late bishops of durham and winchester have done . but this is to impose philosophick niceties upon the decrees of the church . and tho perhaps all the fathers of the council believed the reality of the new substantial presence under the old accidents , yet they had more temper and discretion than to authorise it by conciliar determination , and therefore use only the word species ( and no other word is used by nicolas ii , gregory vii , and innocent iii , that are thought the three great innovators in the argument of the real presence ) that properly signifies appearance , but nothing of physical or natural reality , so that tho the presence under the species be real , yet as the council hath defined it , it is not natural but sacramental , which sacramental real presence they express by the word transubstantiation , and recommend the propriety of the word to the acceptance of christendom . this is the short history of the real presence in the church of rome , where , as far as i can discern , the thing it self hath been owned in all ages of the church , the modus of it never defined , but in the schools , and tho they have fansied thousand definitions to themselves , their metaphysicks were never admitted into the church . and so i proceed to give an account of it , as it hath been defin'd in the protestant churches , where we shall find much the same harmony of faith and discord of philosophy as in the church of rome . and first we must begin with the famous confession of ausburg , that was drawn up by melancthon , and in the year presented to charles the fifth , by several princes of germany , as a declaration of the faith of the first reformers , and as the only true standard of the ancient protestant religion . the confesion consists of two parts . i. what doctrines themselves taught . ii. what abuses they desired to be reformed . as to the later , the emperor undertook to procure a general council . as to the former , particularly this article of the presence in the sacrament , they have published it in two several forms : in the latin edition it is worded thus : concerning the lords supper , we teach , that the body and blood of christ are there present indeed , and are distributed to the receivers at the lords supper ; and condemn those that teach otherwise . in the german edition it is worded thus : concerning the lords supper we teach , that the true body and blood of christ are truly present in the supper , under the species of bread and wine , and are there distributed and received . and in an apology written by the same hand , and published the year following , it is thus expressed : we believe , that in the supper of our lord , the body and blood of christ are really and substantially present , and are exhibited indeed with those things , that are seen , the bread and wine . this belief our divines constantly maintain , and we find , not only the church of rome hath asserted the corporeal presence , but that the greek church hath anciently , as well as at this time , asserted the same ; as appears by their canon missae . the same author explains himself more at large in his epistle to fredericus myconius . i send you ( says he ) the passages out of the ancients , concerning the lord's supper , to prove , that they held the same with us ; namely , that the body and blood of our lord are there present indeed . and after divers citations he concludes , that seeing this is the express doctrine of the scriptures , and constant tradition of the church , i cannot conceive how , by the name of the body of christ , should only be understood the sign of an absent body ; for though the word of god frequently makes use of metaphors , yet there is a great difference to be made between historical relations , and divine institutions . in the first , matters transacted among men , and visible to the sence are related ; and here we are allow'd , and often forced to speak figuratively : but if in divine precepts , or revelations , concerning the nature or the will of god , we should take the same liberty , wise men cannot but fore-see the mischiefs that would unavoidably follow . there would be no certainty of any article of faith. and he gives an instance in the precept of circumcision to abraham : that upon those terms the good patriarch might have argued with himself , that god never intended to impose a thing so seemingly absurd , as the words sound ; and that therefore the precept is to be understood only of a figurative or metaphorical circumcision ; the circumcision of our lusts. so far this learned reformer . now the authority of melancthon weighs more with us of the church of england , ( as the learned dr. st. very well observes ) that in the settlement of our reformation , there was no such regard had to luther or calvin , as to erasmus and melancthon , whose learning and moderation were in greater esteem here , than the fiery spirits of the other ; and yet few writers have asserted the substantial and corporeal presence in higher terms than this moderate reformer ; and though he may sometimes have varied in forms of speech , he continued constant and immovable in the substance of the same doctrine . for in the confession of the saxon churches ( at the compiling of which he was chief assistant ) drawn up in the year , to have been presented to the council of trent ; a true and substantial presence is asserted , during the time of ministration . we teach ( say they ) that sacraments are divine institutions ; and that the things themselves out of the use desing'd are no sacraments ; but in the use , christ is verily and substantially present ; and the body and blood of christ are indeed taken by the receivers . there seems to have been one singular notion in this confession , that the real and substantial presence lasts no longer than the ministration ; but that is nothing to our argument , as long as a substantial presence is asserted . in the year an assembly of the divines of the ausburg confession on one side , and the divines of vpper germany on the other , conven'd at wirtemberg , by the procurement and mediation of bucer , who undertook to moderate between both parties ; where they agreed in this form of confession . we believe according to the words of irenaeus , that the eucharist consists of two things , one earthly the other heavenly ; and therefore believe and teach , that the body and blood of christ are truly and substantially exhibited and received with the bread and wine . this is subscribed by the chief divines of both parties , and approved by the helvetian ministers themselves . the bohemian waldenses in their confession of faith presented to ferdinand , king of the romans and bohemia , declare expressly , that the bread and wine , are the very body and blood of christ ; and that christ is in the sacrament with his natural body , but by another way of existence than at the right-hand of god. in the greek form of consecration , this prayer was used : make this bread the precious body of thy christ ; and that which is in this cup , the precious blood of thy christ , changing them by thy holy spirit ; which words are taken out of the liturgies of st. chrysostom and st. basil. and ieremias the learned patriarch of constantinople , in his declaration of the faith of the greek church in answer to the lutheran divines , affirms that the catholick church believes , that after the consecration the bread is changed into the very body of christ , and the wine into the very blood , by the holy spirit . in the year . was held a council in poland of the divines of the ausburg , the helvetian , and the bohemian confessions , in which they agreed in this declaration . as to that unhappy controversie of the supper of our lord , we agree in the sence of the words , as they are rightly understood by the fathers , particularly by irenaeus , who affirms that the mystery consists of two things , one earthly , and another heavenly . neither do we affirm , that the elements and signs are meer naked and empty things signified to believers . but to speak more clearly and distinctly , we agree that we believe and confess the substantial presence of christ is not only signified to believers , but is really held forth , distributed and exhibited , the symbols being joined with the thing it self , and not meerly naked , according to the nature of sacraments . this confession was confirmed at several times , by several following synods in the same kingdom , at cracow . at peterkaw . at walhoff . the first man that opposed the real and substantial presence was carolostadius , archdeacon of wirtenberg , of whom the candid and ingenious melancthon gives this character : that he was a furious man , void both of wit , learning , and common sence , not capable of any act of civility or good manners ; so far from any appearances of piety , that there are most manifest footsteps of his wickedness . he condemns all the civil laws of the heathen nations , as unlawful , and would now have all nations governed by the judicial law of moses , and embrac'd the whole doctrine of the anabaptists . he sets up the controversie about the sacraments against luther , meerly out of envy and emulation , not out of any sence of religion , and much more to the same purpose : the truth of all which ( he says ) a great part of germany both can and will attest . tho the greatest proof of his levity is his own writing , when all that disorder and schism that he made in the church , of which he profess'd himself a member , was founded upon no better bottom than this slender nicety , that when our saviour said this is my body , he pointed not to the bread but to himself . but in this he is vehemently opposed by his master luther , in behalf of a true corporeal presence , especially in his book contra coelestes prophetas seu fanaticos ; wherein he lays down this assertion , that by the demonstrative pronoun hoc , christ is declared to be truly and carnally present with his body in the supper , and that the communication of the body of christ , of which st. paul speaks , is to eat the body of christ in the bread , neither is that communication spiritual only but corporeal , as it is in the personal vnion of christ : so we are to conceive of the sacrament , in which the bread and the body make up one thing , and after an incomprehensible manner , which no reason can fathom , become one essence or mass , from whence , as man becomes god , so the bread becomes the body . and in a sermon preached by him the same year at wirtemberg , against the sacramentarian hereticks , as he calls them : the devil opposes us by his fanatick emissaries in the blaspheming the supper of our lord , that dream the bread and wine are there only given as a sign or symbol of our christian profession , nor will allow that the body and blood of christ are there present themselves , tho the words are express and perspicuous : take , eat , this is my body . in this controversie he was engaged all his life , against carolostadius , and other apostates from the ausburg confession , giving them no better titles than of fanaticks , hereticks , betrayers of christ , blasphemers of the holy ghost , and seducers of the world. and in his last book against the divines of lovain in the year , the year before his death , he makes this solemn declaration . we seriously believe the zuinglians , and all sacramentarians , that deny the body and blood of christ to be received ore carnali , in the blessed sacrament , to be hereticks , and no members of the church of christ : so that hitherto it is evident , that the whole body of the true old protestants , both in their publick confessions and private writings , unanimously asserted the corporeal and substantial presence , as they use the words promiscuously . as for the calvinian churches , grotius hath observed very truly , that the calvinists express themselves in a quite different language , in their confessions , from what they do in their disputations , where they declare themselves more frankly . in their confessions they tell you , that the body and blood of christ , are taken really , substantially , essentially ; but when you come to discourse'em closer , the whole business is spiritual , without substance , only with a signifying mystery ; and all the reality is turned into a receiving by faith ; which , says he , is a perfect contradiction to the doctrine of the whole catholick church . so they declare in the conference at presburg with the lutherans , that in the sacrament , christ indeed gives the substance of his body and blood by the working of the holy ghost . and when luther signify'd to bucer , his jealously of the divines of strasburgh and bazil , as if they believed nothing to be present in the sacrament , but the bread and wine . bucer returns this answer , in the name , and with the consent of all his brethren ; this is their faith and doctrine concerning the sacrament , that in it , by the institution and power of our ▪ lord , his true body and his true blood are indeed exhibited , given and taken , together with the visible signs of bread and wine ( as his own words declare . ) this is the doctrine not only of zuinglius , and oecolampadius , but the divines of upper germany have declared the same , in their publick confessions and writings . so that the difference is rather about the manner of the absence and presence , than about the presence or absence themselves . and the reformed french church in the year . declare themselves much after the same manner , to a synod of reform'd german divines , held at wormes . we confess that in the supper of our lord , not only all the benefits of christ , but the very substance of the son of man , the very flesh , and the very blood that he shed for us , to be there not meerly signify'd , or symbolically , typically , or figuratively , as a memorial of a thing absent , but truly held forth , exhibited and offered to be received , together with the symbols , that are by no means to be thought naked , which by virtue of god's promise , always have the thing it self truly and certainly conjoin'd with them , whether they are given to the good or to the bad . but what need of more witnesses , when calvin himself , the very vrim and thummim of the calvinian churches , declares his sence in these express words . i affirm that christ is indeed given by the symbols of bread and wine , and by consequence his body and blood , in which he fulfilled all righteousness for our iustification , and as by that , we were ingrafted into his body , so by this are we made partakers of his substance , by virtue of it we feel the communication of all good things to our selves . but as to the modus , if any man inquire of me , i am not ashamed to confess that the mystery is too sublime for my wit to comprehend , or to express ; and to speak freely , i rather feel than understand it , and therefore here without controversie i embrace the truth of god , in which i am sure i may safely acquisce . he affirms that his flesh is the food of my soul , and his blood the drink . it is to these aliments that i offer my soul to be nourished . he commands me in his holy supper , under the symbols of bread and wine to take , eat , and drink , his body and blood , and therefore i doubt not but he gives it . here , besides the express words themselves , if there be so much mystery in the thing as he affirms , there is much more than meer figure . and in another passage he thus expresses himself . that god doth not trifle in vain signs , but does in good earnest perform what is represented by the symbols , viz. the communication of his body and blood , and that the figure conjoined with the reality , is represented by the bread , and the body of christ is offered and exhibited with it , the true substance is given us , the reality conjoined with the sign , so that we are made partakers of the substance of the body and blood. this is express enough . but yet in his book de coena domini , he declares his sence much more fully . if notwithstanding ( saith he ) it be enquired whether the bread be the body , and the wine the blood of christ ; i answer , that the bread and wine are the visible signs that represent the body and blood , and that the name of the body and blood is given to them , because they are the instruments by which our lord iesus christ is given to us . this form of speech is very agreeable to the thing it self , for seeing the communion that we have in the body of christ is not to be seen with our eyes , nor comprehended by our vnderstandings , yet 't is there manifestly exposed to our eye-sight ; of which we have a very proper example in the same case : when it pleased god that the holy ghost should appear at the baptism of christ he was pleased to represent it under the appearance of a dove ; and john the baptist , giving an account of the transaction , only relates that he saw the holy ghost descending ; so that if we consider rightly we shall find that he saw nothing but the dove , for the essence of the holy ghost is invisible : but he knowing the vision not to be a vain apparition , but a certain sign of the presence of the holy ghost represented to him in that manner , that he was able to bear the representation . the same thing is to be said in the communion of our saviour's body and blood , that it is a spiritual mystery , neither to be beheld with eyes , nor comprehended with humane understanding , and therefore is represented by figures and sings , that ( as the weakness of our nature requires ) fall under our senses , so as 't is not a bare and simple figure , but conjoin'd with its reality and substance : therefore the bread is properly called the body , when it doth not only represent it , but also brings it to us . and therefore we will readily grant , that the name of the body of christ may be transferr'd to the bread , because it is the sacrament and emblem of it ; but then we must add , that the sacrament is by no means to be separated from the substance and reality . and that they might not be confounded , it is not only convenient , but altogether necessary , to distinguish between them , but intolerably absurd to divide one from the other . wherefore when we see the visible sign what it represents , we ought to reflect from whom it is given us , for the bread is given as a representation of the body of christ , and we are commanded to eat it . it is given , i say , by god , who is infallible truth , and then if god cannot deceive nor lye , it follows that he in reality gives whatever is there represented : and therefore it is necessary that we really receive the body and blood of christ , seeing the communion of both is represented to us . for to what purpose should he command us to eat the bread and drink the wine , as signifying his body and blood , if without some spiritual reality we only received the bread and wine ? would he not vainly and absurdly have instituted this mystery , and as we frenchmen say , by false representations ? therefore we must acknowledge that if god gives us a true representation in the supper , that the invisible substance of the sacrament is joined with the visible signs , and as the bread is distributed by hand , so the body of christ is communicated to us to be partakers of it . this certainly , if there were nothing else , ought abundantly to satisfy us , when by it we understand , that in the supper of our lord , christ gives us the true and proper substance of his body and blood. thus far calvin : and i think it is as high a declaration of the real and substantial presence , as i have met with in any author whatsoever . and if in any other passages the great dictator may have been pleased to contradict himself , that is , the old dictatorian prerogative of that sect , as well as the old romans , that whatever decrees they made , however inconsistent , they were always authentick . neither doth beza at all fall short of his adored master in the point of substantial presence : in his book against westfalus a sacramentarian , de coena domini . he declares freely that the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , or grammatical sence of our saviour's words , this is my body , cannot be preserved without transubstantiation , and that there is no medium between transubstantiantion and a meer figure : and yet the whole design of the book is to prove the real presence in the sacrament , in opposition to the figurative . and in the year , the protestant churches of france held a synod at rochel , and the year following at nimes , in both which beza sat as president , where the substantial presence was maintain'd , and defin'd with great vehemence against the innovators ( as they were then esteemed ; ) for when morellus mov'd to have the word substance taken out of their confession of faith , beza and the synod , not without some indignation , decree against them . this decree beza declares in his epistle to the ministers of zurick , dated may the th . , to extend to the protestants of france only , least they who were zuinglians should take offence at it as a censure particularly designed against themselves . but the highest declaration of the french protestants is that sent by their embassadors to the german divines assembled at wormes anno . in which business beza was chief manager . we confess , say they , that in the supper of our lord , not only all the benefits of christ , but the very substance of the son of man , the very real flesh , the very blood that he shed for us , not only to be signified or symbolically , typically , or figuratively to be proposed as the memorial of a thing absent , but to be truly represented , exhibited and offered to be received ; the symbols by no means to be thought naked , being annexed , which because of the promise and engagement of god , always have the thing it self truly and certainly conjoin'd , whether given to the good or to the bad. but these civilities and condescentions were made in their low ebbs of fortune : for whenever they could flatter themselves with any advantage of interest , no accommodations would serve their turn . thus at the famous conference at poissy , before charles the ninth , anno , where they supposed themselves warm , and powerful enough , by the favour of the queen-mother ( who supported them for her own ends of state ) and some great ministers of state , who ( by the way ) soon after proved rebels , i mean coligny and his faction ; beza , who was the chief manager in behalf of the protestants , runs high in his demands . as to the eucharist , says he , the body of christ is as far distant from it , as the highest heaven from the earth : for our selves and the sacraments are upon the earth , but christ's flesh is in heaven so glorified , that it hath not lost the nature , but the infirmity of a body . so that we are partakers of his body and blood only after a spiritual way , or by faith. this boldness highly offended the queen ; and therefore he afterwards endeavoured to excuse himself by palliations and softning expressions , but after all , to avoid farther equivocation , he is hardly pressed to it by the cardinal of lorrain , whether they would stand to the confession of ausburg . beza demurs and consults calvin ; calvin defies it , and commands him to protest against it . upon which occasion osiander , a plain protestant , in his history makes this remark upon the calvinian honesty . heretofore ( says he ) when peace was granted to the protestants in germany , the calvinists put in their claim to their share in it , because they own'd the ausburg confession ( and it was subscrib'd by calvin himself ) notwithstanding that at the same time they held contradictory opinions . but in the conference at poissy , when they presumed that they had strength and force enough to defend their own doctrines , they openly rejected the ausburg confession , when it was offered them by the cardinal of lorrain , to subscribe as the only article of pacification . and yet after this , when they had not obtained their ends , they again in affront to their own consciences , cry up the ausburg confession as their only standard of faith , not that they approved it , but under that false guise to impose calvinism upon the plain meaning lutherans . so far the historian , though the matter of fact is its own best proof . this is the short account of this controversie in all foreign churches . all parties of christendom agree in the substance of the doctrine , even the calvinists themselves , who , tho they sometimes attempted to deny it , had not confidence enought to be steady to their own opinion , but were often forced to submit it to the consent of christendom . from all these premises it is evident , that no one thing in the world is more unfit to be set up for a test than transubstantiation , seeing all parties agree in the thing , tho not in the word , and yet tho they do , they again disagree in numberless speculations about it , and when they have done , all parties unanimously agree that the modus is a thing utterly unknown and incomprehensible . so that take it one way ( i. e. ) as to the thing it self , or the real presence , the test is a defiance to all christendom ; take it the other way , as to the modus , it is nothing at all but only imposing an unintelligible thing upon the wisdom and honour of a nation under the severest penalties . as for the church of england , she agrees with the tradition of the catholick church both roman and reformed , in asserting the certainty of the real presence , and the vncertainty of the manner of it ; tho the true account of it hath been miserably perplexed , and disturbed by the oblique practices of the sacramentarians . the first account we have of it is in our celebrated church-historian out of dr. stillingfleet's famous invisible manuscript , whereby as he had before made archibishop cranmer a meer erastian as to discipline , so now here he makes him a meer sacramentarian as to doctrine . a committee of selected bishops and divines being appointed in the first year of king edward , for examining and reforming the offices of the church . the first , because most material point , was the eucharist , concerning which all things were put into certain quaeries , to which every commissioner gave in his answer in writing . and to the question concerning the eucharist , what is the oblation and sacrifice of christ in the mass ? cranmer's answer is , the oblation and sacrifice of christ in the mass is not so called , because christ indeed is there offered and sacrificed by the priest and the people , ( for that was done but once by himself upon the cross ) but it so call'd , because it is a memory and representation of that very true sacrifice and immolation , which before was made upon the cross. this is pure zuinglianism , and in opposition to it , it is asserted by six bishops in a body . i think it is the presentation of the very body and blood of christ , being really present in the sacrament , which presentation the priest makes at the mass in the name of the church , unto god the father , and in memory of christ's passion , and death upon the cross , with thanksgiving therefore , and devout prayer , that all christian people , and namely they who spiritually join with the priest in the said oblation , and of whom he makes special remembrance , may attain the benefit of the said passion . and to these agree the several answers of carlisle , and coventry , and litchfield , by which ( as the historian well observes ) the reader will perceive how generally the bishops were addicted to the old superstition , and how few did agree in all things with cranmer . now this old superstition that he finds in this passage , is nothing but the true old protestant doctrine of the real presence , in opposition to meer figure and representation , which is all that is here asserted by the bishops . but this is the bold practice of this bold writer , to make cranmer the standard of the reformation ; and this unknown manuscript the standard of cranmer's opinions ; and these two grand forgeries concerning no church government ; and the meer commemorative presence in the eucharist , are the two grand singularities of his history ; and the main things that gave it popular vogue and reputation with his party ; and were these two blind stories , and the reasons depending upon them retrench'd , it would be like the shaving of samson's hair , and destroy all the strength peculiar to the history . the design was apparently laid before the work was undertaken , that industriously warps all things into irenical and erastian principles , and the vain man seems to have been flattered by his patrons into all that pains to give reputation to their errors . and here lay the fondness for the stillingsteetian manuscript , that it so frankly and openly asserted erastian and sacramentarian principles as the bottom of the reformation . but if such an unprov'd and unwarrantable piece of paper , without any certain conveyance or tradition , without any notice of so publick a transaction in any contemporary writer , without any other evidence of its being genuine , than that it was put providentially into the hands of dr. st. when he wrote his irenicum , must be set up for undoubted record , against all the records of the churches , our great historian would be well advis'd to employ his pains in writing lampoons upon the present princes of christendom ( especially his own ) which he delights in most , because it is the worst thing that himself can do , than collecting the records of former times . for the first will require time and postage to pursue his malice , but the second is easily trac'd in the chimney corner . and therefore i would desire these gentlemen either to give a better account of the descent and genealogy of the paper , than that it came to dr. st. by miracle ; or else to give it less authority . but to proceed , a new office for the communion-service was drawn up in the same year by the bishops , in compiling of which cranmer had the chief hand , and by his great power over-ruled the rest at pleasure ; in this service he retains the old form of words used in the ancient missals , when there was no zuinglianism or doctrine of figurative presence in the christian world , and the real presence was universally believed as appears by the very words of distribution . the body of our lord iesus christ which was given for thée , preserve thy body and soul unto everlasting life . and the blood of our lord iesus christ which was shed for thée , &c. this was the form prescribed in the first liturgy of edward the th . and agreeable to this are the king 's own injunctions published at the same time , where the eucharist is call'd the communion of the very body and blood of christ , by which form of words they then expressed the real presence as oppos'd to zuinglianism . this liturgy being thus established , and withal abetted by act of parliament , for some time kept up its authority in the church against all opposition ; though it was soon encountred with enemies enough both at home and abroad out of the calvinian quarters . at the end of the year ensuing peter martyr , a rank sacramentarian , came over , and after much conversation with cranmer , he was plac'd regius professor in oxford , where he soon raised tumults about the zuinglian and sacramentarian doctrines . but bucer , that prudent and moderate reformer , came not till some time after , though invited at the same time : and so either came too late or departed too soon ; for as he came over in iune so he dy'd in ianuary , so that tho he were a great assertor of the real presence ( as our church-historian himself often observes ) he had not a season to sow his doctrine , and martyr reigning alone , and being a furious bigott in his principles , it is no wonder if zuinglianism spread with so much authority . but the most fatal blow to the reformation of the church of england was given by calvin's correspondence with the protector , and afterwards with dudley , taking upon him to censure , expunge , reform , impose , at his own pleasure ; the malignity of whose influence first discovered it self in the ceremonial war against a cap and a tippet , but soon wrought into the vitals of the reformation , especially , as to the liturgy and the eucharist ; both which must be removed to give way to the zuinglian errors . this alteration was made in the th . year of the kings reign , tho precisely when , and by what persons , is utterly unknown , only it is remark'd by our church-historian to have followed immediately after the consecration of hooper . when ( as he observes ) the bishops being generally addicted to the purity of religion , spent most of this year in preparing articles which should contain the doctrine of the church of england . among which the th . condemns the real presence , as the new liturgy , to which they are annexed , had before almost run it up to the charge of idolatry . for they were not content to abolish the old missal form of distribution . the body of our lord iesus christ which was given for thee , preserve thy body and soul unto everlasting life . take and eat this , &c. but instead of it appoint this zuinglian form , take and eat this ( without any mention of the body and blood of christ ) in remembrance that christ died for thée . &c. neither were these innovators ( whoever they were ) satisfied with the alteration of the old form ; but add a fierce declaration to bar the doctrine of real and essential presence . whereas it is ordered in this office of the administration of the lord's supper , that the communicants should receive the same kneeling ( which order is well meant for a signification of our humble and grateful acknowledgment of the benefits of christ therein , given to all worthy receivers , and for avoiding such prophanation and disorder in the holy communion , as might otherwise ensue . ) yet least the same kneeling should by any persons , either out of ignorance and infirmity , or out of malice and obstinacy be misconstrued and deprav'd , it is here declared that no adoration is intended , or ought to be done unto any real or essential presence of christ's natural flesh and blood , for the sacramental bread and wine remain still in their very natural substances , and therefore may not be ador'd , ( for that were idolatry to be abhorr'd by all faithful christians ) and the natural body and blood of our saviour christ are in heaven , and not here . it being against the truth of christ's natural body , to be at one time in more places than one . and whereas a body of articles was composed at the same time , it is declared in the th . article , that since the very being of humane nature doth require , that the body of one and the same man , cannot be at one and the same time in many places , but of necessity must be in some certain and determinate place ; therefore the body of christ cannot be present in many different places at the same time . and since as the holy scriptures testifie christ hath been taken up into heaven , and there is to abide till the end of the world , it becomes not any of the faithful to believe or profess , that there is a real or corporeal presence ( as they phrase it ) of the body and blood of christ in the holy eucharist . this declaration , though it seem'd to be aim'd with a particular malice against the lutherans , and their peculiar manner of asserting and explaining the real presence , yet it strikes at the general doctrine it self , held in all churches . and as these were the great alterations made at that time ; so who were the authors and contrivers of 'em is so utterly unknown to historians , that they are not so much as able to conjecture . doctor heylin would ascribe it either to the convocation it self , or some committee appointed by it . but this is the officious kindness of the good man to help out the poor oppressed church at that time , at a dead lift , having no record or authority for his assertion . doctor burnet has often heard it said , that the articles were fram'd by cranmer and ridley . but whoever told him so , knew no more than himself ; i am sure it is the meanest trade in an historian to stoop to hear-says . all that can be conjectured of it , is , that it was done at that unhappy time when dudley governed all , who when he form'd his great and ambitious designs , first ( as the historian remarks ) endeavoured to make himself popular ; and to this end , among other arts , he made himself head and patron of the calvinian faction , and entertain'd the establish'd church with neglect and contempt ; and therefore i find not ecclesiastical matters referr'd to the advice of the regular ecclesiastical order , but were either transacted by himself , and his agents in private , or some incompetent lay-authority . as to this matter of the new liturgy and articles , there is no record but an act of parliament , by which they are impos'd and authoriz'd . whereas there hath been a very godly order set forth by the authority of parliament for common-prayer , and administration of the holy sacraments , to be used in the mother tongue within this church of england , agreeable to the word of god , and the primitive church , very comfortable to all good people , desiring to live in christian conversation , and most profitable to the estate of this realm ; upon the which , the mercy , favour , and blessing of almighty god is in no wise so readily and plenteously pour'd , as by common-prayers , due using of the sacraments , and often preaching of the gospel with the devotion of the hearers ; and yet this notwithstanding a great number of people in divers parts of this realm , following their own sensuality , and living either without knowledge , or due fear of god , do willfully and damnation before almighty god , abstain and refuse to come to their parish churches , and other places where common-prayer , and administration of the sacraments , and preaching of the word of god , is used upon sundays and other days , ordain'd to be holy-days . ii. for reformation hereof be it enacted by the king our sovereign lord , with the assent of the lords and commons in this present parliament assembled , and by the authority of the same , that from and after the feast of all-saints next coming , all and every person and persons inhabiting within this realm , or any other the king's majesty's dommions , shall diligently and faithfully ( having no lawful or reasonable excuse to be absent ) endeavour themselves to resort to their parish church or chapel accustomed , or upon reasonable let thereof , to some usual place , where common-prayer , and such service of god shall be used in such time of let , upon every sunday , and other days ordained and used to be kept as holy-days , and then and there to abide orderly and soberly during the time of the common-prayer , preachings , or other service of god there to be us'd and ministred , upon pain of punishment by the censures of the church . iii. and for the due execution hereof , the king 's most excellent majesty , the lords temporal , and all the commons in this present parliament assembled , doth in god's name earnestly require and charge all archbishops , bishops , and their ordinaries , that they shall endeavour themselves to the uttermost of their knowledges , that the due and true execution thereof may be had throughout their diocesses and charges , as they will answer before god for such evils and plagues , wherewith almighty god may justly punish his people , for neglecting this good and wholesom law. iv. and for their authority in this behalf , be it further likewise enacted by the authority aforesaid , that all and singular the same archbishops , bishops , and all other their officers , exercising ecclesiastical iurisdiction , as well in place exempt , as not exempt , within their diocesses , shall have full power and authority by this act , to reform , correct , and punish by censures of the church all and singular persons which shall offend within any their iurisdictions or diocesses , after the said feast of all-saints next coming , against this act and statute ; any other law , statute , privilege , liberty , or provision heretofore made , had , or suffered to the contrary notwithstanding . v. and because there is risen in the use and exercise of the aforesaid common service in the church , heretofore set forth , divers doubts for the fashion or manner of the ministration of the same , rather by the curiosity of the minister and mistakers , than of any other worthy cause ; therefore , as well for the more plain and manifest explanation thereof , as for the more perfection of the said order or common service , in some places , where it is necessary to make the same prayer and fashion of service , more earnest and fit to stir christian people to the true honouring of almighty god , the king 's most excellent majesty , with the assent of the lords and commons of this present parliament assembled , and by the authority of the same , hath caused the aforesaid order , or common service , intituled , the book of common-prayer , to be faithfully and godly perused , explained , and made fully perfect , and by the aforesaid authority hath annexed and joined it , so explained and perfected , to this present statute , &c. in this new office , beside the forementioned alterations in the liturgy it self , there was order'd in the rubrick , the abolition of copes and hoods ; neither is it altogether unobservable , that at this time hopkins his psalms broke in upon the service of the church . but in the beginning of queen elizabeth's reign , when the reformation was setled in that state , in which it ever after continued , that new declaration of the second liturgy of king edward was rejected , together with the th . article , and the first old form of distribution was restored . and that 's a clear declaration of the sence of this church for a real and essential presence , when it was so particularly concern'd to have all bars against it remov'd . and from that time forward , the most eminent divines in it , were successively from age to age the most assertors of it . it were in vain to recite the numberless passages to that purpose , it having been so often done by other hands . a list of the names of the principal authors may be seen in the late bishop of durham's historia transubstantiationis , iohn poinet , bishop of winchester , who wrote a very learned book upon the argument , entituled diallacticon , to explain the sence of the church of england about it ; iohn iewel , bishop of salisbury , the learned bishops andrews and bilson , isaac casaubon in the name and by the command of king iames the first , in his answer to cardinal perron ; mr. hooker ; iohn , bishop of rochester ; montague , bishop of norwich ; iames , primate of armagh ; francis , bishop of ely ; archbishop laud ; bishop overal , and the archbishop of spalato . to this catalogue variety of other writers might be added , but either here are witnesses enough , or there never can be . neither need i produce their testimonies , when they are so vugarly known , and have been so frequently recited . i shall content my self with the two principal , the most learned and reverend prelates poinet and andrews . the first wrote his diallacticon concerning the truth , nature and substance of the body and blood of christ in the eucharist . a book much approved and often commended by grotius , ( tho he knew not the author ) as the best discourse upon the argument , and the most proper method to restore the peace of the christian church in that point , which he further says was for that purpose translated into french by a reformed divine , by the advice of his brethren . i have not the book by me , but the design and fundamental assertion is to prove ( as dr. cosins recites it ) that the eucharist is not only a figure of the body of our lord , but contains in it the verity , nature and substance ; and therefore that these terms ought not to be exploded , because the ancients generally used them in their discourses upon this argument . but bishop andrews his passage , though grown vulgar and thread-bare , by being so continually quoted , best deserves our observation , because by that means it is made not only a declaration of his own sence , but of all that followed him in it , and that is of almost all the learned men of the church of england , that have succeeded from that time . the passage is in his answer to bellarmine in these words . the cardinal is not ignorant , except wilfully , that christ hath said , this is my body . now about the object we are both agreed ; all the controversy is about the modus . we firmly believe that it is the body of christ , but after what manner it is made to be so , there is not a word extant in the gospel , and therefore we reject it from being a matter of faith. we will , if you please , place it among the decrees of the schools ; but by no means among the articles of religion . what durandus said of old , we approve of . we hear the word , feel the effect , know not the manner , believe the presence . and so we believe the presence too , and that real no less than your selves : only we define nothing rashly of its modus , neither do we curiously inquire into it ; no more than how the blood of christ cleanseth us in our baptism ; no more than how in the incarnation of christ the humane nature is united to the divine . we rank it in the order of mysteries ( and indeed the whole eucharist it self is nothing but mystery ) what remains beside , ought to be consumed by fire , that is as the fathers elegantly express it , to be ador'd by faith , not examined by reason . this was his state of the controversie , that was then perus'd and approv'd of by king iames , and ever after retained by the divines of the church of england down to the rebellion and subversion of church and state , and then it was carried into banishment with its confessors . for whilst his late majesty resided at cologn , it was there commonly objected , in his own presence , by the roman divines against the church of england , that all its members were meer zuinglians and sacramentarians , that believed only an imaginary presence . upon this dr. cosins , who was then dean of the chapel royal , by his majesties command writes a discourse to vindicate the church of england from that calumny , and to give an account of its sence concerning the true and real presence ; in which he declares himself to the same purpose with all the forementioned authors , all along vehemently asserting the true reality of the presence , and still declaring the modus to be ineffable , unsearchable , above our senses , and above our reason . so that still all parties are agreed in the thing it self , were it not for that one mistaken supposition , that the church of rome hath not only defin'd the matter , but the manner , which she is so far from pretending to attempt , that before she proceeded to decree any thing about it , she declar'd that it was so incomprehensible , that it was not capable of being defin'd , as we see all christendom hath done beside . now after all this i leave it to the common sence and ingenuity of mankind , whether any thing can be more barbarous and profane than to make the renouncing of a mystery , so unanimously receiv'd , a state test . and that is my present concernment about it , not as a point of divinity , but as turned into a point of state. thus far proceeded the old church of england , which as it was banished , so it was restored with the crown . but by reason of the long interval of twenty years between the rebellion and restitution , there arose a new generation of divines that knew not joseph . these men underhand deserted and undermined the old church , as it stood upon divine right , and catholick principles , and instead of it crected a new church of their own contrivance , consisting partly of independency , partly of erastianism , with the independent , leaving no standing authority in the christian church over private christians , but leaving every man to the arbitrary choice of his own communion ; with erastus allowing no jurisdiction to the christian church , but what is derived from the civil magistrate . these principles being pleasing to the wantonness of the people , these men soon grew popular , and soon had the confidence to call themselves the church of england : but the principal object of their zeal was the destruction of popery , and the only measure of truth , with them , was opposition to the church of rome . and therefore they assum'd to themselves the management of that great and glorious war. and as they managed it upon new principles , or indeed , none at all ( never writing for our church , but only against that church ) so they advanced new arguments to represent the church of rome as odious as possible , to the people . among these the two most frightful topicks , were transubstantiation and idolatry . one was a very hard word , and the other a very ugly one . these two words , they made the two great kettle-drums to the protestant guards . they were continually beating upon them with all their force , and whenever they found themselves at any disadvantage with an enemy ( as they often were by pressing too far , for they never thought they did enough in the cause ) by making a noise upon these two loud engines , they could at pleasure drown the dispute . now , ever since this alteration of the state of the war between the two churches , we hear little or nothing at all of the real presence in the cause , but it is become as great a stranger to the ( i.e. their ) church of england as transubstantiation it self , but the whole matter is resolved into a meer sacramental figure and representation , and a participation only of the benefits of the body and blood of christ by faith. i know not any one writer of that party of men that hath ever own'd any higher mystery , but on the contrary they state all the disputes about the eucharist upon sacramentarian principles , and with them to assert the true reality of the presence of our saviour's body and blood in the sacrament , as naturally resolves it self into transubstantiation , as that does into idolatry . and the main argument insisted upon by them , is the natural impossibility of the thing it self to the divine omnipotence , which beside the prophane boldness of prescribing measures to god's attributes in a mystery that they do not comprehend ; 't is , as appears by the premises , a defiance to the practice of all churches , who have ever acknowledged an incomprehensible mystery , not subject to the examination of humane reason , but to be imbraced purely upon the authority of a divine revelation . and therefore that ought to be the only matter of dispute . for if it be a divine revelation ( as all christendom hath hitherto believed ) that determines the case without any further enquiry ; and if any man will not be satisfied with that authority , he makes very bold with his maker . and men of those principles would no doubt , make admirable work with the definitions of articles of faith by the four first general councils . but to let their new way of arguing pass , it is these men that first set up sacramentarian principles in this church , and then blew them into the parliament house , raising there , every session , continual tumults about religion , and it is to their caballing with the members that we owe these new and unpresidented tests . perhaps to have their own decrees and writings established by law , and imposed upon the whole nation as gospel . in short , if they own a real presence , we see from the premises how little the controversie is between that and transubstantiation , as it is truly and ingeniously understood by all reformed churches . if they do not , they disown the doctrine both of the church of england and the church catholick , and then if they own only a figurative presence ▪ ( and it is plain they own no other ) they stand condemned of heresie by almost all churches in the christian world ; and if this be the thing intended to be set up ( as it certainly is by the authors and contrivers of it ) by renouncing transubstantiation , then the result and bottom of the law is under this pretence to bring a new heresy by law into the church of england . and yet upon this foot i find the controversie stands at this present day between the bishop of rome , or the bishop of condom on one part , and little iulian in the back-shop with his dragoons on the other part : the bishop establishes the real presence in opposition to the figurative ; his answerer turns the whole mystery into meer type and figure , by seting up a figurative interpretation of the words of institution , and yet confesses it at the same time to be somewhat more than a figure . to this it is reply'd , i would gladly know what that is , which is not the thing it self , but yet is more than a meer figure of it : to this it is answered , that the presence is spiritual , but yet real ; but how a corporeal substance should have a real spiritual presence , is a thing that requires more philosophy to clear it up than transubstantiation , or in the words of the author himself : we suppose it to be a plain contradiction that body should have any existence , but what alone is proper to a body that is corporeal . this is their last resolution of this controversie , that a true real presence is a contradiction ; and so i think is a real spiritual presence of a bodily substance . this scent the whole chace follows , and unanimously agree in this cry , that there is no presence , but either meerly figurative , and that shuts out all reality , and is universally condemned by all the reformation ; or meerly spiritual , ( i.e. ) the present effects and benefits of the absent body and blood of christ , which hath been all along equally cashiered by all other reformed churches , as the other grand scandal of zuinglianism . thus the london answerer to the oxford discourses : there can be no real presence , but either figuratively in the elements , or spiritually in the souls of those who worthily receive them . so dr. st. all which the doctrine of our church implies by this phrase , is only a real presence of christ's invisible power and grace , so in and with the elements , as by the faithful receiving of them to convey real and spiritual effects to the souls of men. the oxford answerer to the oxford discourses allows no other real presence but the virtual presence , that is the meer effect . so the popular author of the discourse against transubstantiation , makes no medium between the meer figurative presence and transubstantiation , so that all other presence , that is not meerly figurative , comes under the notion of transubstantiation . now the gentlest character he is pleased to give of this monsieur , is this , that the business of transubstantiation is not a controversie of scripture against scripture , or of reason against reason , but of downright impudence against the plain meaning of the scripture , and all the sence and reason of all mankind . but besides the intolerable rudeness of the charge against all the learned men of the church of rome , as the worst of sots and ideots , if there be no middle real presence between transubstantiation and the figure , he hath cast all the protestant churches into the same condemnation of sots and fools . but howsoever rash and preposterous it may be for presons that believe the real presence to abjure the word transubstantiation , ye to determine any part of divine worship in the christian church to be in its own nature idolatry , is inhumane and barbarous . idolatry is a stabbing and cut-throat word , its least punishment is the greatest that can be , both death and damnation ; and good reason too , when the crime is no less than renouncing the true god that made heaven and earth . thus exod. . . he that sacrificeth unto any god , save unto the lord or iehovah only , he shall be utterly destroyed . deut. . . if thy brother the son of thy mother , or thy son , or thy daughter , or the wife of thy bosom , or thy friend which is as thine own soul , entice thee secretly , saying , let us go and serve other gods ( which thou hast not known , thou nor thy fathers ) namely of the gods of the people which are round about you , nigh unto thee , or far off from thee , from the one end of the earth unto the other : thou shalt not consent unto him , nor hearken unto him : neither shall thine eye pity him , neither shalt thou spare , neither shalt thou conceal him . but thou shalt surely kill him ; thine hand shall be first upon him to put him to death , and afterward the hand of all the people . and thou shalt stone him with stones , that he die : because he hath sought to thrust thee away from the lord thy god which brought thee out of the land of egypt , from the house of bondage . this was the crime , and this the punishment of idolatry , and the sentence was so severely executed , that for the setting up the golden calf , or symbol of the sun , that the aegyptians worship'd , as the supreme deity , as will appear in its proper place , three thousand of the ring-leaders , were put to the sword by the command of moses , exod. . . and for this reason it pleased god to destroy the canaanites from off the face of the earth , ( i.e. ) for giving divine worship to false and created deities in defiance to the eternal creator of it . so black a crime as this , that is no less than renouncing god is not lightly to be charged upon any party of christians , not only because of the foulness of the calumny , but the barbarous consequences that may follow upon it , to invite and warrant the rabble , when ever opportunity favours , to destroy the roman catholicks and their images , as the israelites were commanded to destroy the canaanites and their idols . but before so bloody an indictment be preferr'd against the greatest part of christendom , the nature of the thing ought to be very well understood . the charge is too big for a scolding word . and how inconsistent soever idolatry may be with salvation , i fear so uncharitable a calumny ( if it prove one ) can be of no less damnable consequence . it is a piece of inhumanity , that out-does the salvageness of the canibals themselves , and damns at once both body and soul. and yet after all , we have no other ground for the bold conceit , than the crude and rash assertions of some popular divines , who have no other measures of truth or zeal , but hatred to popery ; and therefore never spare for hard words against that church , and run up all objections against it into nothing less than atheism and blasphemy , of which idolatry is the greatest instance . but if they would lay aside their indecent heats , and soberly enquire into the nature and original of idolatry ; they would be as much ashamed of the ignorance of their accusations , as they ought to be of its malice . and therefore i shall set down a plain and brief account of that argument , that when we understand the easie , obvious , and natural notion of idolatry , it will for ever expose the vanity of these men's fanatique pretences . i pray god there be nothing worse at bottom , seeing it has ever been set up as the standard against monarchy . it is a subject that hath entertained the most able pens in the world , but i shall not presume or pretend to be so learned , but shall confine all my knowledge to the word of god , chiefly to the mosaick writings , for there it is fully and clearly stated , the mosaick law being enacted purely in opposition to idolatry . now nothing can be more obvious , than that the notion of it there is neither more nor less than this : the worship of the heavenly bodies , the sun , the moon , and the stars , or any other visible and corporeal deity , as the supreme god , so as to exclude all sense and apprehension of a spiritual and invisible godhead . this evidently appears both by the almighties several revelations that he made of himself to the children of israel to preserve them from it , and from the several characters and descriptions , that himself hath upon numberless occasions made of it . most learned men would trace its original from before the flood , but they follow their chase without any scent , as generally all antiquaries do , when they pursue into the first source and original of things . the iewish robbies ( that are of too late a standing to pretend to any authority in such antient matters ; for as they lived not above six ages before us , so they had no other records than what we have , the writings of moses and the prophets ) derive its original from the age of enos ; but as their conjecture is founded upon an ambiguous word , so it is contradicted by the state of the world at that time ; for by reason of the long lives of the patriarchs from the creation to the flood , it is not easie to conceive , that the memory and tradition of the late creation of the world should be worn out in so short a time , enos being adams's granchild , and living in the same age with him for some hundred years . but the plain demonstration that there was no such impiety before the flood , is , that moses , when he reckons up the causes that provok'd god to bring that judgment upon the world , makes no mention of the sin of idolatry , of which , if they had been guilty , as it is a sin of the first magnitude , so it would have held the first place in the indictment . others make cham the father of this monster , as they do of all other crimes , but for no other reason beside his ill name . others derive it from the tower of babel , which they will have to have been built for an altar to the sun , after the custom of after-times , when they worshiped him upon high towers for altars . maimonides , and his followers , find deep footsteps in the time of abraham , who was born in ur of the chaldees that is , say they , the country of the antient zabii , the founders of idolatry ; and for that reason he was commanded out of his own country to the worship of the true god. but this dream of the zabii is so modern , and so void of the authority of any antient record , that it proves it self a fond imposture . tho in abraham's time ( and that was many centuries after the flood ) we meet with the first traces of this apostacy : for that extraordinary discovery that god was pleased to make of himself as supreme lord of all things , was made to abraham in opposition to the idolatry of his own country , i.e. chaldea , who seemed to have been the first founders of it , and for that reason god commanded him to leave his country , his kindred , and his fathers house , and sojourn in the land of canaan , where the tradition of the knowledge of the true god seems to have been much better preserved . so that tho there were some decays from the true old religion , yet they were as yet very far from an universal apostacy . that the plague was then broke out in chaldea , is evident from the words of ioshua , ( . . ) your fathers dwelt on the other side the river in old time , even terah the father of abraham , and the father of nachor , and they serv'd strange gods. but when abraham came into canaan ; i find no records that the customs of his country had pass'd the river , but on the contrary evident instances of their knowledge of the true god , as creator of heaven and earth . what can be more plain than the story of melchisedeck , priest of the most high god ( a term appropriate in scripture to the supreme deity ) in his blessing abraham . blessed be abraham of the most high god , creator of heaven and earth . and when god consumed sodom and gomorrah with fire from heaven , idolatry is no where reckoned among the causes and provocations of that severe and unusual judgment ; and had it been one of their crying sins , it would have been the loudest , and so never have been omitted by the sacred historian . and when isaac was forced by famine into the country of the philistines , abimelech their king entred into a solemn and religious covenant with him of mutual defence and offence , upon this inducement , that he was the blessed of the lord , or the peculiar favourite of iehovah ; so that as long as himself and isaac were of a side , the supreme gods immediate mediate providence would be engaged in his protection . the first plain intimation we find of it in palestine is in the history of iacob , after his conversation with the shechemites , where , upon his departure from that city by god's especial command , he builds an altar at bethel to god , and commands his family to put away their 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or strange gods. and from this time we read of nothing of this nature till the deliverance of the children of israel out of egypt , after they had been deteined there four hundred and thirty years , according to the hebrew , or two hundred and fifteen according to the seventy , the greatest part of which time was spent in slavery and bondage . but at , and after their deliverance , we hear of nothing else but cautions against idolatry or worship of strange gods , as if in that long tract of time and misery , they had lost the tradition of the god of their ancestors , and by long conversation with the egyptians , had taken up their masters religion together with their burdens ; and it was scarce possible to be otherwise for men in their poor condition , after so long a tract of time , than to take up the religion in publick practice . long custom and conversation naturally inures men to the manners of the country , but slavery breaks men to them : and what could be expected from miserable people , who spent all their days in carrying of clay , gathering straw , making bricks , and all offices of servility , than that they should serve their masters gods , as well as their masters themselves ? and that this was their case , is evident from the whole series of the story . the first discovery that the almighty made of himself , was to moses , in the burning bush , where he tells us , i am the god of thy fathers , the god of abraham , the god of isaac , and the god of jacob : but this seems to be a new language to moses ; for he replys , when i come unto the children of israel , and shall say unto them , the god of your fathers hath sent me unto you , and they shall say to me , what is his name ( or what god is he ) what shall i say unto them ? to this he is commanded to answer , i am that i am hath sent you ; that is , the only self existent being , that is , the only supreme deity , and god of your fathers : and for the truth and demonstration of this , he refers both him and them to the following miracles . and when moses was discouraged by the complaints of the people , because of their severe usage , the almighty gives him encouragement upon this powerful motive , i am jehovah , or i am the lord , who will deliver you with a strong hand , or stretched out arm , i.e. i am that omnipotent , self-existent being ; and that shall be the proof of it , the great miracles that i will work for your delivery . and at the time of their deliveranee he immediately institutes the passover , not only as a memorial of the thing , but as i shall prove afterwards , the strongest bar against idolatry . but as soon as they sat down at the foot of mount sinah , which was their first place of rest , god's first care was to make further provision against idolatry , where after a fearful and glorious representation of his presence , he gives the ten commandments , whereof the four first are directly levell'd against idolatry . first , he enjoyns the worship of himself , who by his almighty power had delivered them from their egyptian bondage . in the next place , he forbids them the worship of all idols , i. e. as himself describes them , the likeness , or similitude , of any thing that is in heaven above , or in the earth beneath , or in the water under the earth . a plain and indeed logical definition this , that idolatry is giving the worship of the supreme god , to any created corporeal or visible deity , or any thing that can be represented by an image , which nothing but coporeal beings can , and to suppose such a being the supreme deity , is the only true and proper idolatry . and tho there may seem to be two sorts of it : first , either to worship a material and created being as the supreme deity : or secondly , to ascribe any corporeal form or shape to the divine nature ; yet in the result , both are but one ; for to ascribe unto the supreme god any corporeal form , is the same thing as to worship a created being , for so is every corporeal substance . this is , i say , the true and only notion of idolatry : and all the strange gods mentioned in the scripture , are only some most glorious pieces of the visible creation , as i shall prove at large from undeniable testimonies . and for this reason it was , that the very angels , by whom this affair was immediately transacted , never made any appearance in any visible shape , but only in a cloud , or in a glory , to prevent the very peril of idolatry ; and therefore moses in his dying and farewel speech , reminds them over and over , that at horeb they heard the voice of god , but saw no similitude , with this application to them , lest you corrupt your selves , i. e. by believing that there can be any similitude of the supreme godhead . and as this is the literal and plain sense of the two first commandments , so it seems to be the only design of the third and fourth : for the english of the third , if it were rightly translated , runs thus ; thou shalt not give the name of the lord thy god to a vanity or idol ; and so the septuagint ▪ render it : for the word vanity and idol are synonomous in scripture , because an idol is a vain and empty thing that represents nothing ; for when it is set up as the symbol and image of a deity that is no deity , it is the image of nothing , as st. paul defines it . so that it is not the meer image it self that is the idol , but the image as representing a false god , tho it be only a symbol , and not a picture of him , as most of the heathen images were , of the sun , as the calf , and the ram. these are the vanities or representations of false gods in use , at that time , among the neighbour nations , that seem to be here properly interdicted in this commandment . as for the fourth commandment , it is the very sacrament of the worship of the true god , the creator of heaven and earth , in opposition to idolatry , or the worship of his creatures , and therefore is prescribed , as it were , as the holy day of the creation , continually to mind the iews , that the god that they worship , was the god that made the world , and all the gods that their neighbours worshiped , particularly the sun , moon , and stars , his creatures . this then being set up as the great festival , of the creator of heaven and earth , from hence it was that the precept of not worshiping of idols , and keeping the sabbath , are so frequently coupled together in scripture ; and that the breach of the sabbath is punished in the same manner as idolatry it self . but i shall treat of this more largely when i come to a review . at present i have only given a narrow prospect of the whole matter , but upon a full and open view of the mosaick history , it will appear in full and undeniable evidence , by these two considerations . first , if we consider the great propensity of the israelites to renounce the worship of the one true invisible god , and to return to their accustomed worship of idol gods. secondly , if we consider that these gods were nothing else but the heavenly bodies , and that the sun was worshiped as the supreme deity . as to the first , their continual revolts , and rebellions against that almighty god , of whose power they had had so much experience , could proceed from nothing less than the most inveterate and invincible prejudices . their whole history from their first deliverance to their last captivity , is nothing but a perpetual series of disloyalty against the god of israel , to play the harlot ( as the scripture expresses it ) or commit fornication with the idols of the gentiles . psal. . we have an acurate epitome of this whole history , the miracles that god wrought for them in egypt , in the wilderness , in the land of canaan , notwithstanding all which , as they made continual attempts of rebellion , so they at last sunk into an universal apostacy , v. . provoking him to anger with their high places , and moving him to iealousie with their graven images ; so that at length he gave them up into the hands of their enemies : and first the ten tribes were lead away captive , and not long after the tribe of iudah , as it immediately follows in the same psalm , god was wroth , and greatly abhorred israel , so that he forsook the tabernacle of shiloh , the tent which he placed among men , and delivered his strength into captivity , and his glory ( that was the symbol of his divine presence ) into the enemies hand . but to trace a few particulars . the first opportunity they could gain in the wilderness , after the miraculous deliverance out of egypt , by the absence of moses , they set up and worshiped the golden calf , a form of worship they were accustomed to in egypt : what this idol was , is variously disputed by learned men ; some will have it to have been made in imitation of the cherubin , when as yet god had made no description of them . others , and almost all the learn'd , will have it to have been the idol of apis , or serapis , or osyris , whom the egyptians worshiped by that symbol ; and that it was the same idol , is certain ; but i take it to be much more antient , for as yet we find not any footsteps of divine worship given to men and women . that folly is of a much younger date , and seems to have been brought in purely by the grecian vanity , to derive the originals of all nations from themselves , and to people heaven with their own country-men . thus they tell us , that this apis was king of the argives , natural son to king iupiter by niobe , who marrying isis , left his kingdom , and went into egypt , who teaching the barbarous people civility , and the art of dressing vines and agriculture , he was by common consent chosen their king ; and after he had reign'd with extraordinary wisdom and mercy , to the great improvement of the nation , when he dyed , they deify'd him , and worshiped him under the image of a calf or ox , all which is pure grecian fable . for egypt had been a famous nation many hundred ages , before any of the grecian deities were born : it was a flourishing kingdom in the days of abraham : i am sure they knew how to dress their vines , and plow their fields , before there was any such nation as greece , or any of its cantons known by any records : there was no news of them till the trojan war , and that is the thing objected by all writers to the greeks both before and since christianity , that their remotest antiquity is meer novelty in comparison of the egyptians , and is confest , by their own best and most antient writers ; at least in these antient times , there were no men nor women deities , gods or goddesses . but when the greeks had stollen their religion from the eastern nations , in requital they furnished them with gods of their own , and clapt the heads of one of their own country-men upon every antient idol , thereby gaining reputation of antiquity , both to their nation and religion , as if they had been as antient as the egyptian and oriental idolatry . thus they fasten this old idol of the golden calf upon king apis , whereas if there ever were any such man ( for the greeks have neither faith nor knowledge enough to be believ'd one word in any matter of antiquity , either of their own , or other nations ) he was born many ages after this idol had been famous in the world : and in that unknown interval of which there are no historical records , and therefore the whole story of him , as well as of all the other grecian gods , is nothing but fable . and much more probable it is , that the greeks were so far from bringing a god apis into egypt , that they carried the very word thence : apis being the hebrew and egyptian word to signifie a calf , or a bullock , and so it is rendred by the septuagint . ieremiah . . in the prophetick burthen against egypt , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . why did your apis fly , or that your beloved calf desert you , because the lord did drive him ? tho we render it in the english translation , why are thy valiant men swept away ? so that the calf can be nothing else than an old egyptian idol , or symbol of some deity , that they had been accustomed to worship . and therefore thinking themselves betray'd or deserted by moses after forty days absence , ( as for this moses , the man that brought us up out of the land of egypt , we wot not what is become of him ) they force aaron to restore to them the symbols of their old gods to go before them , instead of this new god , that now seem'd to have deserted them , and to those they ascribe their deliverance out of egypt ; and this is the first chearful act of devotion , that they seem to have perform'd since their deliverance . for as for all their worship of the true god , especially at the delivery of the law , it seems to be forc'd and uneasie , to which they were rather over-aw'd by dreadful appearances , than inclin'd by their own choice . and the solemn sacrifice that was made immediately after , was the act of moses , rather than the people , who rather seem'd spectators , than actors ; and therefore as soon as they thought themselves quit of him ( which was immediately after ) they set up their idol , and were transported in their devotions towards it , to a degree of madness they rose up early in the morning , and offered burnt-offerings , and brought peace-offerings , and the people sat down to eat and drink , and rose up to play . this solemnity had been endear'd to them by custom and education , and there could be no other ground of their great joy , than that they were restored to the exercise of their former religion , and the worship of their old gods , of which the calf was one of the most eminent symbols , so that when they say that was the god that deliver'd them out of egypt , their meaning is , the god of which that was the symbol or representation , according to the language of those times , and indeed of the whole old testament , to give the name of the deity to the idol . now at that time we find no other mention of any other deities , than the sun and heavenly bodies ; so that this calf could be the symbol of no other gods than the sun , and therefore was ever reckoned among their 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , their holy animals , as the egyptian priest and antiquary manetho informs us , of which aries and taurus were the chiefest , and both of them consecrated in honour of the sun , being the two first signs in the heavens ; but the festival of aries was the most solemn , when the sun entring into that sign , began the joyful new year . in opposition to which the israelites were commanded to cut the throat of the paschal ram upon that very day , with all the ceremonies of contempt , as shall appear more afterward . this invincible obstinacy in their old religion , notwithstanding the mighty works god had wrought for their deliverance , is severely upbraided to them long after by god himself to his prophet amos , have ye offered unto me sacrifices and offerings in the wilderness forty years , o house of israel ? but ye have born the tabernacle of your moloch , and the star of your god remphan , and their images which ye made to your selves . this is a plain description of their great averseness to the worship of the true god in the wilderness , when god declares , that in reality they never worshiped him at all , but stuck close to their old god moloch , which is but a synonymous word for the god baal , i. e. the sun , and therefore they are promiscuously us'd in scripture to express one and the same deity . thus ieremy , . . they have built the high places of baal to burn their sons in the fire for burnt offerings unto baal . but chapter the . v. . the same crime is thus express , they built the high places of baal to cause their sons and daughters to pass through the fire unto moloch ; by which it is undeniably evident , that they were but synonymous terms for one and the same god ; and indeed they are words of the same signification , denoting supreme or kingly power , and so were appropriated by them to the sun , as sovereign lord of the universe . this strange inclination of the israelites to idolatry , or the worship of baal and moloch , is so vehemently upbraided to them in the scripture , as shews it to have been inveterate and impetuous beyond example : so god himself upbraids it to them , that when he did such mighty things for them in their deliverance from egypt , and only required them to renounce the idols of egypt , yet they rebelled against me , and would not hearken to me ; they cast not away the abomination of their eyes , nor the idols of egypt . and when ioshua had setled them in the holy land , he forewarns them to serve the true god sincerely , and to put away the gods which their fathers served on the other side the flood , and in egypt . by which it appears , they had not yet parted with their old gods : but the next generation made a total revolt ; and the children of israel did evil in the sight of the lord , and served baalim , and they forsook the lord god of their fathers , which brought them out of the land of egypt , and followed other gods , of the gods of the people that are round about them , and bowed themselves unto them , and provoked the lord to anger , and they forsook the lord , and serv'd baal and ashteroth . this whole book is nothing else but a narrative of their sin by idolatry , their punishment by captivity , their repentance by imploring of the mercy of the god of israel , till at last after so many relapses , they are thus answered by god in their addresses and supplications unto him : and the children of israel cryed unto the lord , saying ; we have sinned against thee , both because we have forsaken our god , and also served baalim : and the lord said unto the children of israel , did not i deliver you from the egyptians , from the ammorites , from the children of ammon , from the philistins ? also the zidonians and the amalekites and maonites did oppress you , and you cry'd to me , and i delivered you out of their hand , yet you have forsaken me , and served other gods , wherefore i will deliver you no more : go and cry unto the gods that ye have chosen , let them deliver you in the time of your tribulations . but upon their reformation they are delivered , and as soon relapse , of which a train of instances are to be seen in that book . here it may be observ'd all along that the scripture notion of idolatry is renouncing and forsaking the true god , to worship other gods , or baalim , that is , idols of the sun , whom they commonly call'd the king of heaven . and so they sin on , till god suffered his own ark ( the symbol of his own presence ) to be carried into captivity : they apply themselves to samuel to intercede for them ; samuel returns them the old answer that god himself had often made , if ye return unto the lord with all your hearts , then put away the strange gods , and ashteroth from among you , and prepare your hearts unto the lord , and serve him only , and he will deliver you out of the hands of the philistins : then the children of israel put away baal and ashteroth , and served the lord only . and samuel at the resigning of his government , upon the election of saul , upbraids them with their continual ingratitude against the lord their god , from their first deliverance out of egypt to that very day , in for saking the lord to serve baalim . so plain is the practical notion of idolatry through the whole sacred history . under the pious reigns of david and solomon the sin of idolatry was competently well retrench'd , till the dotage of solomon , when his wives and concubines turn'd away his heart after other gods , so that solomon went after ashteroth the goddess of the zidonians , and after milcom the abomination of the ammonites . but the great revolt was made by ieroboam , upon the division of the kingdom , tho rather upon a political than religious account . ieroboam said in his heart , now shall the kingdom return to the house of david , if this people go up to do sacrifice in the house of the lord at ierusalem ; whereupon he makes two calves of gold , and said to the people , it is too much for you to go up to ierusalem , behold thy gods , o israel , which brought thee up out of the land of egypt . it was only an artifice to oblige the people to himself by restoring to them their old egyptian idolatry . some will have these calves to have been set up in imitation of solomon 's cherubin , but this is fully confuted by the learned visorius . if ieroboam , saith he , by his calves design'd to imitate the establish'd religion of his country , i pray you when he took these counterfeit cherubs , why not also the ark , the propitiatory , the seat of god , where the divine majesty appear'd most conspicuously in giving of oracles , the tabernacle and the temple ? why if they were made only in imitation of the cherubs , why did he not call them by their own name , by which they were known to the people , when that would have been a more easie way to deceive them ? why did he not take the priests of the family of aaron , why did he banish them out of his kingdom , why did not the people comply for three whole years , if it had been an imitation of their old religion under david and solomon ? why if they were nothing but cherubins , are they so often in scripture styled other gods ? why should he sacrifice to them , when in the law of moses no sacrifices were offered to the cherubim ? so that it is plain that these calves were set up by him as idols or symbols of a new or separate religion from the tribe of iudah ; and tho he took up the old egyptian idol for his foundation , yet he seem'd to have erected a motley religion upon it , like that of the samaritans of old , partly to invite the people of all nations into his kingdom , where every man worshiped his own god ; and partly by diversity of religion , more effectually to divide his own kingdom from that of the line of solomon . tho not long after rehoboam and the tribe of iudah revolt from the worship of the true god ( as the scripture aggravates it ) above all that their fathers had done . and from this time idolatry , or the worship of baal , was the prevailing religion in both kingdoms , tho sometimes check'd by the piety of reforming princes . but it spread so fast , that elijah thought himself left alone , tho for his comfort god informed him , that he had the small remainder of in israel , all the knees which have not bowed unto baal . but the infection soon became universal , and tho god almighty sent his prophets from time to time to reclaim them , yet all in vain , they still continued to worship the host of heaven , and serve baal , till finding them irreclaimable , he first delivered the ten tribes into the hands of shalmaneser , king of assyria , where they continue in captivity to this day , and are a lost nation . but the piety of hezekiah at that time for a while repriev'd the tribe of iudah : but his son manasseh built up again the high places , which hezekiah his father had destroyed , and he rear'd up altars for baal , and worshiped all the host of heaven , and served them : upon this god by his prophets denounces their destruction . because , saith he , they have ever done that which was evil in my sight , and have provoked me to anger since the day their fathers came forth out of egypt , unto this day ; or because they have forsaken me , and burnt incense unto other gods , that they might provoke me to anger with all the work of their hands ; therefore my wrath shall be kindled against them , and shall not be quenched . but the execution of the sentence is suspended during the pious reign of his son iosiah ; but as soon as he is gathered to his fathers , ierusalem and the temple are destroyed by nebuchadnezzar , and king zedekiah with all his people are carried captive into babylon . this is a compendious history of the old jewish idolatry , and i think a sufficient proof both of their strange inclination to it , to the highest degree of madness , and wherein it plainly consisted , their forsaking the true invisible god , to worship created deities ; than which nothing is more evident through the whole series of scripture . to this evidence i might add a more ample proof out of the writings of the prophets , that are almost wholly imployed upon this subject . but i must not be too tedious , and therefore i shall only observe , that they generally express the greatness of this folly under the figure of ungovernable lust. thus ezekiel the d . god describes it to the prophet under this scheme . son of man , there were two women , the daughters of one mother , and they committed whoredoms in egypt , they committed whoredoms in their youth ; there were their breasts pressed , and there they bruised the teats of their virginity ; and the names of them were ahola the elder , and aholibah her sister , and they were mine , and they bare sons and daughters ; samaria is ahola , and jerusalem aholibah ; and ahola played the harlot when she was mine , and she doted ( or run mad ) for her lovers , the assyrians her neighbours , with all their idols she defiled her self , neither left she her whoredoms brought from egypt ; for in her youth ( 't is in the hebrew ) before she was ripe of age , they lay with her , and they bruis'd the breasts of her virginity , and poured their whoredom upon her ; wherefore i have delivered her into the hand of her lovers , into the hand of the assyrians , upon whom she doted , and after whom she ran mad . the same is repeated of her sister aholibah , who for her incorrigible adulteries is delivered into the hands of the babylonians ; nothing can be expressed with greater vehemence than this , that is compared to the utmost lewdness of female lust ; and nothing more evident , than that this lewdness consisted in deserting the true invisible god , to worship the false deities of their neighbours , particularly the gods of the egyptians , assyrians and chaldeans . and that is my second head of discourse , that the gods that they worshiped at that time were nothing but the heavenly bodies , or the sun , as the supreme deity . this is evident enough from what hath already been discoursed , idolatry in general being every where described in scripture by the worship of the host of heaven , or heavenly bodies . thus deut. . . lest thou lift up thine eyes to heaven , and when thou seest the sun and the moon , and the stars , even all the host of heaven , shouldst be driven ( tempted ) to worship them , which the lord thy god created for the use and benefit of all nations under the whole heaven . so chap. . v. , . if there be found any among you that have wrought wickedness in the sight of the lord your god in transgressing his covenant , and hath gone and served other gods , and worshiped them , either the sun , or moon , or any of the host of heaven , ye shall stone him to death , king. . . they left all the commandments of the lord their god , and made them molten images , two calves , and made a grove , and worshiped all the host of heaven , and served baal . so manasseh erected altars to ball , and worshiped the host of heaven , chap. . . so iosiah , when he destroyed idolatry , brought out the vessels of the host of heaven . and the jews , when after their return from captivity , they would enter their solemn protestation against idolatry , they do it in this form — thou even thou art lord alone , thou hast made heaven , the heaven of heavens , with all their host , &c. nehemiah . . so jeremiah . . ierusalem and iudah shall be destroyed because they have burned incense unto all the host of heaven , and have poured out drink offerings unto other gods. so zephaniah . . god threatens to destroy the worshipers of baal , and of the host of heaven : and lastly , st. stephen in his last speech upbraiding the jews with their idolatry , says , that god gave them up to worship the host of heaven . so evident is the practical notion of idolatry , through the whole series of scripture , that it was the worshiping the heavenly bodies as the supreme deities , or as iob emphatically expresses it , chap. . ver . . if i beheld the sun when it shin'd , or the moon walking in brightness , and my heart hath been secretly enticed , or my mouth hath kissed my hand , this also were an iniquity to be punished by the iudge , for i should have denyed the most high god. what can be more plain than this definition of idolatry , that it is the worship of the sun and moon , because it would have excluded the worship due only to the most high god ? and the very word , that we commonly translate images in general , signifies properly images of the sun. thus leviticus . . god threatens them i will destroy your images , as we translate it ; but in the hebrew your chamanim , i.e. images of the sun. so the second of chronicles , chap. . v. . and so it is set sometimes in the margent even in the english translation [ or sun images ] as isaiah . . ezek. . . and so all learned men of all nations , all religions , ever understood the old notion of idolatry , till this last age , when folly and passion cast it at any thing that peevish men were angry with . so rabbi maimon , the most learned and judicious of the jewish doctors , discourses at large , that the antient idolatry was nothing but the religion of the eastern nations , who acnowledge no other deities but the stars , among whom the sun was supreme , in opposition to which false principle , he says , god enacted the law of moses . this was the sense of all the other old heathen nations , as may be seen at large in eusebius's collections of their several opinions in his first and third book of the preparation of the gospel , where he proves , that the antient heathens worshiped only the stars , without any notion of heroes and demons . the same is attested by all the historians ; by diodorus siculus of the egyptians , by herodotus of the persians and chaldeans , by strabo and iustin of the arabians , by caesar of the germans ; so macrobius , in his first book saturnal , proves it of all the antient idolaters , that it was the worship of the sun as the supreme deity . so in the antient hymn to iupiter ascribed to orpheus , it is the sun only that is all along adored . in short , so all learned men interpret all the several idols that we read of in the holy scriptures ; particularly those two learned protestants , mr. selden , in his learned book de diis syris ; and gerard vossius , de idololatria , proves all the idols mentioned in scripture to have been only so many several appellations of the sun , whom the antient idolaters believ'd to have been the supreme god and creator of the world , as baal , baal peor , bel , moloch , dagon , baalzebub mythras , &c. in a word , the whole nation of the critiques , that agree in nothing else , are unanimous here ; tho indeed the thing is so evident in all the accounts , histories and descriptions of the antient idolatry , that it is to me the greatest astonishment in the world , that men should apply it to any other purpose . i know there was another sort of idolatry introduced afterward , the worship of men and women , but i find no such practice in the scriptures , but take it to have been much more modern , and a meer invention of the vain and lying greeks ; but whensoever it came in , it was grafted upon the old stock , of giving the worship of the supreme god , not only to created , but to mortal beings . here it were easie to wander into a large field of mythologick mystery ; but besides that , i take all mythology to be much more fable than the literal fable it self : i have resolved to confine my self to the information of the holy scriptures , from whence , as we have the most infallible testimony that can be had , so in this case we can have no other , all other writings whatsoever being by some thousands of years too modern to give any account from their own knowledge of those antient times . and for a more acurate account of this , i shall refer the reader to that admirable book of dr. spencers , concerning the jewish laws and the reasons of them , in which he proves every minute circumstance of the ritual and ceremonial law to have been enacted only for the prevention of idolatry or sun-worship . there any gentleman that delights in antient learning , may have his glut of pleasure and satisfaction ; for beside the great compass and variety of polite literature , he hath brought wit , sense , reason and ingenuity into the synagogue . i will only exemplifie the thing in some few particulars . the first is the institution of some rites peculiar to god's own worship , both as a bar to preserve them from any other worship , in which those rites were not us'd , and as an obligation to bind them the faster to their duty to himself ; among these the chiefest are circumcision and the sabbath , which he instituted , as it were , the two sacraments of the jewish religion , or the worship of the creator of heaven and earth , to distinguish them from their neighbour nations , who worship only his creatures . with circumcision god sign'd his covenant with abraham , which was the first revelation of himself against idolatry , and the foundation of the whole mosaick law , which was seal'd to , by this sacred rite of circumcision ; so that without it , they were esteemed no better than idolaters , and an uncircumcised man signifies no less than an heathen . this reason is expresly given by god himself at the first institution of it in his covenant with abraham : i will establish my covenant between thee and me , and thy seed after thee in their generations for an everlasting covenant , to be a god unto thee , and to thy seed after thee . this is my covenant which ye shall keep between me and you , and thy seed after thee , every male child among you shall be circumcised . and you shall circumcise the flesh of your fore-skin , and it shall be a token of the covenant betwixt you and me ; and therefore the uncircumcised shall be cut off from his people , as having broken my covenant , i.e. renounced the true religion , which is , as grotius observes , not reasonably to be understood of infants , but of men grown to years of understanding , whose parents had neglected that office in their infancy , and therefore if they did not supply that defect , when they came to age , it was looked upon as renouncing the worship of the true god , of which this was the first sacrament or ceremony of admission into the jewish church , which alone profess'd it , and that is the reason of st. paul's assertion , every man that is circumcised , is a debtor to do the whole law , i.e. he that willingly and knowingly undergoes this initiating ceremony , by vertue of that he obliges himself to the observation of the whole mosaick law , and all things commanded in it . and for this reason no proselyte was admitted to the paschal festival , the most sacred solemnity of the jewish religion , without circumcision . when a stranger shall sojourn with thee , and will keep the passover to the lord , let all his males be circumcised , and then let him come near , and keep it , and he shall be as one that is born in the land ; for no uncircumcised person shall eat thereof . this seems to be the meaning of that passage , ioshua . . when god commanded ioshua to circumcise all the people , that were born in the wilderness , and that indeed is all then living ; for those that came out of egypt were dead , and when ioshua had done it , god tells him , this day have i rolled away the reproach of egypt from off you ; the reproach of egypt was their idolatry , which they had now renounced by the sacrament of circumcision . and accordingly in the persecution of antiochus epiphanes to abolish the jewish religion , and establish idolatry , the jews are commanded to leave their children uncircumcis'd ; and the apostates endeavoured to blot out the marks of their circumcisioni ; and certain women that had taken care to circumcise their children , were put to death , and the infants hanged about their necks . that was the distinctive mark through all ages between a worshiper of the true god and an idolater . so that it was the same thing , not to be circumcised , and to apostatise to idolatry . the second , and indeed the greatest bar of all against idolatry , was the institution of the sabbath in memory of gods creation of the whole visible world , and for that reason this doctrine of the sabbath , was reputed as fundamental an article in the jewish church , as the doctrine of the cross in the christian , because all other articles of their religion depended upon the belief of their god's creation of the world. and therefore when god had given moses a compleat body of laws for his own worship , he ratifies , and as it were comprises them all in a vehement and reiterated pressing that one law of the sabbath , exod. . v. . to the end of the chapter . and after the children of israel had committed idolatry in worshiping the golden calf , for which god had for some time cast them off , he is at last prevailed upon by moses to renew his covenant with them upon a new contract . first , that they worship none of the gods of the heathen nations , nor ever use any of their rites and ceremonies . and then that they be more careful to observe the passover and the sabbath , exod. . . and the observation of the sabbath is again enforced in the very beginning of the next chapter , as the bond and epitome of the whole law , and moses gathered all the congregation of the children of israel together , and said unto them , these are the words which the lord hath commanded that ye should do them , six days shall work be done , but on the seventh day , there shall be to you a holy day , a sabbath of rest to the lord , whosoever doth work therein shall be put to death ; as if the sabbath alone were the whole law , according to that saying of the talmud , whosoever denies the sabbath , denies the whole law. because that 's an acknowledgment of the creator of the world , as the author of the mosaick law. and for that reason the almighty upon all occasions styles himself in scripture , creator of heaven and earth , which we ( improperly enough ) translate possessor of heaven and earth ; and indeed the history of the creation it self , and the whole pentateuch , seem to have been written on purpose to prevent idolatry , or the worship of created beings ; and therefore moses doth not set down the creation of the universe in gross , but of every part by it self , particularly of the sun , moon , and stars . and that is in it self a sufficient security against giving them that were meer creatures , the worship that is only due to the creator . and this seems to be the reason of the particular form of words in the fourth commandment , remember the sabbath day to keep it holy , for in six days the lord made heaven and earth , and rested the seventh day ; as if he had said , be sure that you be particularly mindful of this commandment of the sabbath above all others , for it is a day dedicated to the eternal memory of the creation , and therefore enjoyn'd to be observ'd every seventh day , that it may continually bring to mind that great work , and never suffer it to decay out of thy memory . and from hence it is that the precepts of not worshiping idols , and observing the sabbath , are so frequently coupled together in the scriptures , as if they were inseparable . exod. . , . six days thou shalt do thy work , and on the seventh day thou shalt rest , and make no mention of the names of other gods , neither let them be heard out of thy mouth . levit. . . ye shall keep my sabbaths , i am iehovah your god ; turn ye not unto idols , nor make to your selves molten gods : i am the lord your god. levit. . , . ye shall make ye no idols , ye shall keep my sabbaths . ezek. . , . walk ye not in the statutes of your fathers , nor defile your selves with your idols , and hollow my sabbaths that are for a sign between you and me , that you may know that i am iehovah your god ; for their hearts went after their idols : so v. . they polluted my sabbaths . and as these commands are so frequently joyned together , so is the violation of them , as if they could not be parted , ezek. . . they polluted my sabbaths , and their eyes were after their fathers idols . and king ahaz , when he set up idolatry , he in contempt turn'd the covert for the sabbath out of the house of the lord. mac. . . and many of the people consented to the command of the king , and sacrificed to idols , and prophaned the sabbath . so necessary was it for the observation of the sabbath , and the worship of the true god , to run the same fate , or stand and fall together ; because the sabbath was instituted in memory of the creation of the world by the true god ; and therefore the belief and observation of it , was an open defyance to all idolatry , as the psalmist joyns them together , all the gods of the heathens are idols : but the lord made the heavens . and this is the distinctive character that god hath given between himself , the only true god , and the heathen idols or vanities ; the gods that have not made the heavens and the earth shall perish from the earth , and from under the heavens . the lord hath made the earth by his power , he hath framed the universe by his wisdom , and hath stretched out the heavens by his discretion . now the observation of the sabbath , as instituted in honour of the invisible creator of the visible or material world , being the fundamental article of faith in the jewish church , in opposition to idolatry , or giving the worship of the supreme deity to created beings , it is for that reason more frequently recited than any other law , and its breach as severely punished as idolatry it self ; the recital of this command is almost half of the law and the prophets , and the violation of it certain death , as a crime of the same nature with idolatry it self . so evident is it through the whole series of sacred history that the sabbath was instituted in opposition to idolatry , and that the idolatry it was opposed to , was the worship of created beings as the supreme uncreated deity . to conclude this argument , tho i designed to confine my self to the testimony of holy scripture , that is the only competent witness in the case ; yet i find such a pregnant passage cited out of st. cyril of alexandria to the same purpose with the premises , from his own observation of the train of scripture history , that it were great pity to rob the reader of so fair an authority , after the israelites , ( says he ) left their own country to sojourn in egypt , in process of time they lost all memory of their ancestors , and descent from the line of abraham ; so that their antient customs being worn out by degrees , and the religion of their forefathers disus'd , they were at length debauched by conversation with the egyptians to idolatry , and gave the worship of the supreme god to the sun , and under him to the heavens , earth , moon , stars . and therefore when god delivered them out of their egyptian bondage , to bring them to the promised land , he peremptorily commands them to discard all their egyptian errors ; but because there was need of an evident sign , by which they should , as it were , be forced to confess , that heaven was made by his almighty power ; and that the sun , moon , and stars , and all other beings , were the works of his hands , he commands the festival of the sabbath as a memorial and imitation of himself and his work ; and therefore they that devote themselves to rest as their creator rested , by that acknowledge , that all other things were the product of his power ; and that is the natural design of the sabbath rest , to affect them with a sense of the supreme deity , or creator of all things . in the second place , a very great and considerable part of the mosaick law was enacted , purely in opposition to the old heathen rites and customs . here i omit the idolatry of the zabii , so much of late insisted upon by learned men , because i find no antient footsteps of any such people in the world. the mahometan arabic writers are the first that make any mention of them , and their divinity ( as the arabians describe it ) is a meer fanatick rhapsody of chaldaism , or astrologick idolatry , iudaism , or the history of the patriarchs turned into fables ; gnosticism , or the worship of demons and angels ; pythagorism , or turning all things into allegories , and therefore must be of a much younger date than christianity . the first time we read of them , is in the alchoran , and mahomet gives them that name of zabii , because they lay eastward from arabia , for so the word signifies easterlings : or more probably from a fanatick imitation of the old testament , that frequently and commonly styles the heathen idolaters by the title of the men of the east , i.e. the chaldeans , who were situated eastward of iudea . after him we have no account of any such nation as the zabii , till about eight hundred years since . for the prophet and his barbarous followers , as they conquered , destroyed all monuments of learning , till being setled in peace and empire , ( as is the manner of all barbarians ) they betook themselves to the humour of learning , and translated books out of other languages , not only greek and latin , but of their neighbour nations into their own tongue . this is the most antient account , after all the noise that has been made of their extreme antiquity , that we have of any zabian writers ; so that setting that modern nation aside , the mosaick rites were instituted in opposition to the more antient idolatry of their neighbour nations , particularly the egyptians and the canaanites , of whom there was most danger by reason of their late conversation with the one , and their new conversation with the other . and therefore against these god arms them with a special caution , after the doings of the land of egypt , wherein ye dwelt shall ye not do ; and after the doings of the land of canaan , whether i bring you , shall ye not do ; neither shall ye walk in their ordinances . this contrariety of the jews to the laws and customs of all other nations is made use of by haman to king ahasuerus to procure their destruction ; esther . . and haman said unto king ahasuerus , there is a certain people scattered abroad , and dispersed among the people in all the provinces of thy kingdom , and their laws are divers from all people , neither keep they the kings laws ; and therefore it is not for the king's interest to suffer them . if it please the king , let it be written that they may be destroyed . this is perpetually objected by manetho the egyptian priest against the jews , that they aimed at nothing so much in the rites of their religion , as to affront and reflect defiance upon the egyptian devotion . and so tacitus his account of them is this ; moses ut sibi in posterum iudaeorum gentem firmaret , novos ritus contrariosque caeteris mortalibus indidit ; prophana illis omnia , quae apud nos sacra ; rursum concessa apud illos , quae nobis incesta . moses , that he might the better confirm the iewish nation to himself , instituted new rites , contrary to the customs of the rest of mankind ; what is most sacred with us , is most prophane with them ; and what with us is esteemed most abominable , is allowed to them as lawful and innocent . this is the certain ground of that known universal contempt and hatred of all other nations against the jews : and so that passage in ieremiah , cap. . ver . . is applyed by grotius to the jews , mine heritage is unto me as a speckled bird ; the birds round about her are against her : mine inheritance is become like a strange bird , and is pursued by all the birds of the field ; as when a bird of a strange colour , happens to consort with other birds , it is natural for them all to set upon it ; and this was the case of the jews in reference to all their neighbour nations . it were an endless work to recite all the rites peculiar to the jews , and instituted in contradiction to the customs of their neighbours , when it is the only reason that runs through almost all their law , even to the boiling of a kid or lamb in its dams milk ; to the sowing of divers seeds together ; plowing with an ox and an ass ; wearing linsey woolsey , &c. and therefore i shall only instance in two remarkable particulars . the institution of the passover ; and the law against sacrificing in high places , both which are enjoyn'd as most effectual remedies against idolatry . the passover was the first law instituted by god , at , or upon their deliverance out of egypt . in the tenth day of this month , they shall take to them every man a lamb , a male of the first year , according to the house of their fathers . in the observation of this great solemnity , as it is there prescribed , every the most minute circumstance is an express defiance to the egyptian follies . first , the paschal lamb must be a male a year old , that is , a young ram ; and that was the greatest affront that could be put upon the egyptians , that held a ram not only in religious esteem , but the most sacred of all their holy animals in more antient times , as the symbol of the sun entring the sign aries , and beginning the new year : and afterwards of iupiter ammon , whom the greeks planted upon the stock of the old egyptian idol of the sun. now upon the account of the sacredness of these animals , they never offered any of their species in sacrifice . and hence when pharoah bid moses go sacrifice to the lord in the land of egypt , moses answers , that they dare not , because it would be an abomination to the egyptians , so that they would stone them ; that is , it would be a prophaneness and open affront to the religion of the egyptians if they should offer in sacrifice ( according to the custom of their fore-fathers ) those very animals that the egyptians had consecrated to the honour of their gods. and for the same reason they are commanded to sacrifice the passover with a young bullock , as well as a young ram , out of the flock , or out of the herd , as the scripture expresses it . and when king iosiah kept , after a long intermission , a most solemn passover , besides lambs and kids , he gave to the people bullocks . now next to a ram the bullock was the most sacred of all the holy animals , and therefore made the second sign in the zodiack . and therefore when the greeks , or later egyptians , gave the first symbol to iupiter ammon , their supreme god , they gave the second to osyris , by them commonly called apis ( not understanding that that word only signifyed the image , not the deity ) so that here tacitus his malice is not much in the wrong ; caeso ariete velut in contumeliam ammonis , bos quoque immolatur , quem egyptii apim vocant . they sacrifice a ram in affront to ammon , and a bullock in affront to osyris . beside , it must be a male , not a female , because the egyptians and heathens ( who indeed generally followed the egyptian customs , especially the greeks ) used only females in their sacrifices . but the most observable circumstance in this whole solemnity , is the time of its celebration ; the lamb was to be solemnly set apart for the sacrifice on the tenth day of the month , till the fourteenth , because on the tenth day , on which the sun entred the sign aries , began the great festival of aries , or the new year ; so that beginning the jewish passover at the same time , it was a manifest triumph over the egyptian deity , by cutting the throat of the poor beast , with as much solemnity as the egyptians at that very time worship'd it . and for the same reason a cow that was sacred to isis , or rather to some more antient deity , i suppose the moon , was commanded to be driven out of the camp , and burnt as an unclean beast ; and so because the egyptians addressed their worship to a goat , as the symbol of some deity , probably the sun in that sign , god commanded the jews to make use chiefly of goats in their expiatory sacrifices , and particularly the scape goat , laden with all the sins , and all the curses of the people ; and hence the israelites were strictly forbidden to sacrifice to goats , which we translate devils : and they shall no more offer sacrifice to devils , ( 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ) to goats , after whom they have gone a whoring . this shall be a statute for ever unto them throughout their generations . but to return to the paschal ram , all the circumstances of the institution carry a remarkable significancy in them : thus when they are commanded to besmear the side-posts , and upper door-posts or lintal of every house : what could have been a more publick contempt of the egyptian religion , when by it they declared , that the almighty power that had prov'd it self by so many miracles and judgments , especially this last in the death of the first-born , commanded to put all manner of contempt upon those creatures that were consecrated to the worship of their gods , and to leave those bloody posts to the egyptians , as monuments of their baffled deities ? and tho i have no reverence to the authority of the jewish rabbies in the account of antient times , being not only very trifling , but very modern writers ; yet there is cited an excellent passage out of r. abraham seba , that i cannot omit to recite , not for its authors sake , but it s own . the egyptians began the computation of their months from the time that the sun entred aries ; and this whole month was celebrated with extraordinary festival solemnity , and was more sacred than all the months of the year beside . god therefore designing to set his people at as great a distance as could be from the customs of the heathens , commanded them to begin the year , not from the full moon , as the egyptians did , but from the first day of the month ; and whereas the egyptians spared their cattle , and durst not so much as eat rams flesh , therefore they are commanded to kill , roast , and eat it ; so that whereas they offer incense to it , and perform their solemn devotions before it , these are commanded in contempt to sprinkle the blood of this most holy animal upon the very threshold of their houses . so far the doctor . so again they are commanded not to eat the paschal ram raw , in opposition to the customs of the antient and barbarous heathen nations , who eat all their sacrifices raw , especially at their signing of covenants and treaties of peace ; and that is the original reason of the command to abstain from blood. then it is to be eaten in one house , not to be eaten abroad in solemn pomp and procession , as the heathen priests did their raw sacrifices . nor a bone of it to be broken , because the heathen priests in their pretended holy rage were wont to tear their sacrifices in pieces with their teeth . the head with the legs and purtenance to be eaten , because the heathens only eat the viscera , or inwards , nothing of it to remain till the morning , lest it should be abus'd to superstitious uses , as the heathens did the relicks of their sacrifices , who sold them to the people as a charm against diseases and ill luck . all which circumstances are most particularly remarkable in the bacchanalia , or great festival of bacchus , that the greeks stole out of egypt , as well as all their other superstitions , as the most learned of them confess : and concerning the bacchanalia in particular , herodotus tells us by whom they were first brought out of egypt into greece , viz. the famous physitian melampus . lastly , the passover was not to be sodden in water , becaue the egyptians and syrians always boil their sacrifices , especially to horus or the sun ; and for that reason it is , that this little circumstance is so often urged , and so strictly observ'd . and this is particularly objected by manetho the egyptian against the jews , that they were not content only to destroy their 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , their consecrated animals , but consumed them by fire , as it were burning their gods in effigie . these are the great reasons , why the divine law-giver laid so much stress upon this solemnity , and all the circumstances belonging to it , when it was the grand diagnostick , or distinguishing character between the worshipers of the true god , and of created deities . and therefore upon all apostasies of the people from their religion , it was the custom of their pious princes to recall them , by reviewing and renewing the laws of the paschal festival . so iosiah , when he set himself to abolish all relicks of idolatry , and establish the worship of the true god for ever : he commanded all the people , saying , keep the passover unto the lord your god , as it is written in the book of the covenant . surely there was not holden such a passover from the days of the iudges that iudged israel , nor of the kings of iudea . that was an undenyable proof of their complete reformation . the second law enjoyn'd in opposition to egyptian idolatry , is that against sacrificing upon high places , which were egyptian altars built in the form of high towers , that they might make nearer approaches to the sun in their devotions . and therefore god , on the contrary , commands the israelites to sacrifice to himself upon a low altar of earth , exod. . , . without steps or stairs ; which laws were given either with , or immediately after the ten commandments , as it seems of equal weight with them . so that to offer sacrifices upon high places , is always represented in scripture as a very high act of idolatry ; and to destroy the high places in scripture as an eminent act of reformation , which must be understood of towers , not of mountains , that are not so easily demolished . so levit. . . i will destroy your high places , and cut down your images , [ or chamanim ] and cast your carcases upon the carcases of your idols , and my soul shall abhor you . so numbers . . balack took balaam and brought him up into the high places , or pillars , as the septuagint always render it by 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , of baal , that thence he might see the utmost part of the people . so numb . . . ye shall drive out all the inhabitants of the land before you , destroy all their pictures and molten images , and pluck down all their high places . in the historical and prophetick writings , idolatry is almost every where exprest by sacrificing or worshiping in high places . the idol priests are styled priests of the high places . this , says herodotus , was the received custom of the antient nations , and of this nature were the egyptian pyramids ; and that which is still standing is built in the form of an altar , i.e. a four square plane , ten cubits broad on every side , ( not as it is vulgarly suppos'd , a point or spire ) to which the priest advanced by ascents , which herodotus , that viewed them above years ago , says , were so many lesser altars . but that the pyramids were supposed in the more polite times , to have been antient altars , is evident from that known verse of luca● . votaque pyramidum celsas solvuntur ad aras. there are monuments of this antient custom still remaining in the west indies . gage in his survey , describes such a tower in the middle of the great temple at mexico , of an ascents , where their priests offered all their sacrifices . in short , the people of israel were so fond of these high altars , that some princes , who would have demolisht them as pieces of idolatry , were forced to persist for fear of popular tumults and seditions . so asa in his reformation , when he burnt their idols , could not remove their high places . so iehoash could do every thing , but remove the high places . so amaziah was forced to leave them behind him : so his son azariah : and when they were demolished by hezekiah , and some of the more pious princes , they were ever first restored at the peoples return to idolatry . and agreeable to what is here represented is the reason annexed to the divine law , lest ye discover your nakedness ; which words , tho they may be literally taken , yet according to the language of scripture in this matter , they have a much higher meaning , i.e. lest you commit idolatry or adultery with other gods , and expose your shame and nakedness by playing the harlot upon your high places : these two things , idolatry and adultery being so frequently joyned together in scripture , as the same crime . thus far , to mention no more , it pleased god to provide against idolatry , by enacting special laws in direct opposition to the heathen rites . when god had casher'd the more rank and notorious acts of heathen worship , he retained some of their more innocent rites , especially those that were derived from the antient patriarchs , before the later corruptions were crept in , lest if god had given a law altogether new , and abolished all their old customs , people that are always fond of the usages of their fore-fathers , should rather have revolted to the heathen idolatry , than submit themselves to such a new and uncouth religion ; and therefore out of condescention to their rudeness and weakness , god permitted them to retain several of their former rites and ceremonies in his new worship , that by that indulgence he might win them more easily to embrace his new institution . and this seems to be the grammatical sense of st. paul's expression , that god suffered their manners in the wilderness forty years , where the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 suffered , is taken from the use or language of mothers or nurses , that are forced to humour and comply with the little follies of their children by any way to please them . in allusion to this word , god was pleased to express his treatment of the children of israel , who knowing the weakness of their rude and childish understandings , permitted and indulged them to enjoy not a few of their former conceits together with his own divine law. and so moses lets them know in his farewel speech , that the lord had all along born with them , as a father doth with his child . and so grotius paraphrases that passage of st. paul , when we were children , we were in bondage under the elements of the world , i. e. says he , we were under subjection to those rites and usages that were common to us with the rest of the world , as temples , altars , sacrifices , new moons , to which he might have added , oblations of first fruits , purifications , festival solemnities , tabernacles , dedication of tenths , the ark ; the cherubim or teraphim ( for they are promiscuously used in scripture , and are of very antient use : ) these , and the like old customs were enjoyned the people of israel , lest for want of them they should relapse to idolatry . and because these customs were common to the jews with the rest of the world , therefore they are call'd the elements of the world , and weak and beggarly elements , and carnal ordinances , that were impos'd and born with till the time of reformation , in the apostolical writings , when they would beat down the value of the mosaick law. but to omit the rest , i shall only insist upon the cherubim , that god commanded to be placed over the ark , and all divine worship to be directed towards them , and thou shalt make two cherubims of gold , of beaten work shalt thou make them , in the two ends of the mercy seat , &c. that they were statues or images is out of doubt by their description , but of what particular form is matter of controversie among learned men ; tho what ever they were , i am not concerned ; it is enough that they were images used in the worship of god , and then the use of images is not in it self idolatry . that the word originally and properly signifies an ox , is evident from ezekiel , who uses the words promiscuously , chap. . . as for the likeness of their faces , they four had the face of a man , and the face of a lyon on the right side , and they four had the face of an ox on the left side , they four also had the face of an eagle : but chap. . . the same things are thus described , and every one had four faces ; the first face was the face of a cherub , the second the face of a man , the third of a lyon , and the fourth of an eagle and as an ox or a cherub was used by the antients as a symbol of strength or power , so thence came they to signifie the thing it self ; so god tells the king of tyre , that he was his anointed cherub , i. e. that he had made him great and powerful . hence whenever god in scripture is said to sit upon , or dwell between the cherubims , it is when his power particularly is represented . thus when the israelites were defeated by the philistins , they agree at a council of war to send for the ark of god to save them out of the hands of their enemies . so the people sent to shiloh , that they might bring from thence the ark of the covenant of the lord of hosts , who dwelleth between the cherubims . so king hezekiah in his distress calling upon the divine protection and deliverance from his enemy ; and hezekiah prayed before the lord , and said , o lord god of israel , that dwellest between the cherubims , thou alone art god of all the kingdoms of the earth . so psal. . . the lord reigneth , let the people tremble ; he sitteth between the cherubims , let the earth be moved . and for this reason were these sacred images placed over the ark , as the symbols or hieroglyphicks , to represent the presence of the divine majesty ; so that as the ark is styled god's footstool , the cherubims are called his throne : and so when the ark and cherubims were brought into the temple , this anthem was sung : lift up your heads , o ye gates , and be ye lifted up , ye everlasting doors , and the king of glory shall come in : who is this king of glory ? the lord of hosts , the lord strong and mighty , the lord mighty in battle . in short , these images were the most sacred things in all the jewish religion ; what they were , i will not determine ; some will have them to have been statues of beautiful youths ( as they are now vulgarly represented : ) others , the statue of a young bullock , from the synonymous signification of the words : but the * most learned conclude them , as they suppose with good authority from the scriptures , not to have been any one certain form , but mixt of several forms , in which that of a bullock had the biggest share ; but compounded of these four shapes , a man's face , an eagles wings , a lyons back , an oxes or bullocks thighs and feet . as they are described in the fore cited chapters of ezekiel , . & . and to this no doubt st. iohn alludes in his vision of the four beasts , rev. . , . round about the throne were four beasts ; and the first beast was like a lyon , and the second like a calf , and the third had a face as a man , and the fourth was like a flying eagle . and they rest not day and night , saying , holy , holy , holy , lord god almighty , which was , and is , and is to come . in allusion , 't is no doubt , to the representation of the immediate divine presence in the ark by the cherubims , that were made up of these four beasts , that were probably pitcht upon , because of that great preheminence that they hold above all other orders of creatures . a man for understanding , an eagle for swiftness , a lyon and a bull for strength . but what ever they were , they were sacred , images set up by god himself in the place of his own worship ; and he was so far from forbidding the use of images in it , that he would not be worshiped without them . this is the true account of idolatry , as it is stated in the scripture from the grand design of the mosaick law , to restore the worship of the true invisible god , the creator of heaven and earth , in opposition to the idols , or created deities of the heathen world , and by all wise arts and methods to keep them loyal to himself : and this gives us the true rationale of the mosaick law , in which every particular rite had some regard to idolatry . so that the breach of any one ceremonial law was a degree of it ; and to boil a kid in its mothers milk was idolatry , as well as to offer sacrifice to the sun , because the heathens used that form of ceremony in the worship of that god. god did not think it sufficient for their security to forbid them the worship of this false god , but every minute circumstance that belonged to it , lest by degrees they might be reconciled to it . and therefore god calls himself upon all occasions a jealous god , and oftentimes a jealous husband , to let them know , that they must not only avoid idolatry it self , but all the least appearances and suspicions of it by heathen compliances . now if we compare this antient idolatry of the jews , with that of late charged by some men upon all christians of the roman communion , i know not which will appear greatest , the malice or the folly of the charge . it consists of these three heads . i. the worship of images . ii. adoration of the host. iii. invocation of saints . all which are represented to the people as crimes of the same nature with the old egyptian idolatry . but as to the first , the use of images in the worship of god , i cannot but admire at the confidence of these men , to make so bold a charge against them in general , when the images of the cherubim were commanded by god himself . they were the most solemn and sacred part of the jewish religion ; and therefore , tho images , so far from idolatry , that god made them the seat of his presence , and from between them delivered his oracles ; so that something more is required to make idolatry , than the use of images . this instance is so plain and obvious to every reader , there being nothing more remarkable in all the old testament , than the honour done to the cherubim , that 't is a much greater wonder to me , that those men , who advance the objection of idolatry so groundlesly , can so slightly rid themselves of so pregnant a proof against it . it is objected , i remember , by a learned adversary , to the great founder of this , and all other anticatholique , and antichristian , and uncharitable principles among us ; but he turns it off so carelesly , as if it were not worth his notice . first , that they only directed their worship towards the images . yea , they did so , as the symbols of god's presence , and that is to worship god by images , or to give the same signs of reverence to his representations , as to himself . and therefore when david exhorts the people to give honour to the ark , he says , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , bow down to , or worship his footstool , for it , or he , is holy . and if so much outward worship may be given to images , as symbols of the divine presence , it is enough to justifie it . but however the thing stands , the case of all images is the same , and a roman catholique may make the same plea for his church , as this author does for the jews ; and if he accept it in one case , he cannot refuse it in another ; or if he does , he will give but little proof of his integrity . at least god was not so nice and metaphysical in enacting his laws , by distinguishing between bowing to , and towards ; or if these gentlemen say , he was , they must shew us where : but what authority do these men assume to themselves , when by the precarious use of these two little particles , they think to make the same act the whitest , and the blackest thing in the world , towards an image , 't is innocent ; to it , idolatry ? but let them take which they please ( for they are their own carvers in all their own controversies ) if it be no idolatry to worship towards an image , after all their frights , they fairly give up the cause to the church of rome , that requires no more . but the second reply is much more curious and metaphysical , that the cherubims were not seen by the people , and adored but once a year by the high priest : here then we distinguish between the idolatry of the sight and the mind ; an image seen is idolatry , but if covered , 't is none . so that to adore the host exposed , is idolatry ; but in a pix , 't is none . what rubbish is here to stuff out so weighty an argument ! but if they did not see their images in the ark , they knew them to be there , and of what form they were , being described to them by god himself in their law. upon these terms it seems a blind man can never be an idolater ; and if all the romanists would shut their eyes at convenient times , they would quit themselves of this black accusation . but the high priest used this solemnity only once a year . if it were idolatry , it was as unlawful once a year , as if done every day ; and if lawfully done but once a year , it was no idolatry : it s being seldom or frequent , makes no difference ; it is either always idolatry , or it is never so . and yet these little pretences are the last result of this great argument ; and when we have loaded the greatest part of christendom with the foulest crime in the world , we think to make good the accusation by such shameless shifts and pretences as these ; for in these trifles , the dispute , as to the cherubim images , ended ; and yet the clamour of idolatry is kept up as high as ever to this very day . but what images do the roman catholiques worship ? do they worship any image or symbols of false gods , as the supreuse deities ? if they do not , then they are innocent of the worst part of idolatry . or do they attempt to make a similitude of the true god , or uncreated divine nature ? that is the other part of idolatry , and the scripture knows no more ; therefore however superstitious they may be in their use of images , yet they cannot be guilty of idolatry , but upon one of these two accounts , which no man was ever yet so hardy as to charge upon that church . till therefore it be proved that they worship images of false gods as the supreme deities , or that they worship the true god by corporeal images and representations of his divine nature , there is no footing for idolatry in christendom . as for the adoration of the host , when they can prove 't is given to it either as a symbol of a false god , or the picture of the true one , howsoever faulty it may be otherwise , it can be no idolatry . and as for the invocation of saints , unless they worship them as the supreme god , the charge of idolatry is an idle word , and the adoration it self that is given to them as saints , is a direct protestation against idolatry , because it supposes a superiour deity , and that supposition cuts off the very being of idolatry . but to give an account of their precarious notions of idolatry , and their more precarious ways of proving it , would swell to volumes ; and therefore at present i shall dismiss the argument , and shall only observe what a barbarous thing it is to make the lives , fortunes and liberties of the english nobility and gentry to depend upon such trifles and crudities , by remarking the unheard of and unparallel'd penalties that are annexed to so slender a law , viz. that every offender shall be deemed and adjudged a popish recusant convict to all intents and purposes whatsoever , and shall forfeit and suffer as a popish recusant convict , and shall be disabled to hold and office or place of trust or profit , civil or military , in any of his majesties realms or foreign plantations ; and shall be disabled from thenceforth to sit or uote in either house of parliament , or make a proxy in the house of peers , or to sue , or use any action , bill , plaint or information in course of law ; or to prosecute any suit in any court of equity , or to be guardian of any child , or executor or administrator of any person , or capable of any legacy or deed of gift ; and lastly , shall forfeit for every wilful offence the sum of five hundred pounds . here are all the punishments that can be inflicted upon a living man. convict recusancy it self , one would think , is punishment more than enough for any one crime : abjuration of the realm ; returning without leave , felony without clergy ; upon refusing to abjure , forfeiture of all goods , chattels and lands for liofe . forfeiture of sixty pounds per annum , banishment from the kings court under forfeiture of an hundred pounds , and from london on the same penalty , forfeiture of right of patronage , disabled from any practice or office in law , and finally disabled to be guardian , executor or administrator , and legatee . this was thought the utmost severity in the zealous days of queen elizabeth ; but alass ! our modern zeal will not be confined to the gentle moderation of our fore-fathers ; but now we must suffer all those , with many more , to the loss of our birth-rights , and all benefits of law , for no higher act of recusancy , than not swearing to the truth of dr. st's unlearned and fanatique notion of idolatry ; for that in reality is the bottom of all this mischief and madness . and as it is advanced among us into so bloody a charge ; i cannot but declare my utter abhorrence both of that , and its abetters , as sworn enemies to the peace of christendom ; and in the result of all , i find , that idolatry made the plot , and that the plot made idolatry , and that the same persons made both . thus begging allowance for humane infirmities , lesser errors and mistakes , which in so much variety of argument and citation will escape the greatest care , i have declared my present judgment of this unhappy law , as i will answer for my integrity to god and the world. sa . oxon . notes, typically marginal, from the original text notes for div a -e the names of the protesting peers to the number of . are to be seen in the journal book . lib. . dist . . conference , p. . institut . book . cap. . sect. . sect. . pag. . anno to . & to . edw. ti . animad . cass. artic. . in animad . riveti . votum pro pace art. . rivet . apol ▪ dicuss . answer to t. c. dialogue , p. . gen. . . exod. . . ver. . chap. . bochart . dr. hammond . dr. spencer . kircher . exod. . . gen. . . chap. , . ezek. . , . josh. . . judg. . . ch. . . sam. . , . cap. . king. . , . king. . . vide dr. spencer , p. . king. . . king. . , . king. . ver. . cap. . . king. . more nevoch . lib. . gen. . , . gal. . . exod. . . mac. . v. , , . king. . . psal. . . jer. . , . hom. . de fest . pasch. lev. . . hist. l. . exod. . . exod. . . deut. . . chron. . . exod. . num. . levit. . . king. . . king. . . king. . . chap. . . chap. . . act. . . deut. . . gal. . . exod. . . ezek. . . sam. . , . king. . . psal. . . * grotius . dr. spencer . villalpandus bochartus . exod. . . dr. st. of the idolatry of the church of rome . eliz. ca. . jacob. ca. . a declaration of the lords and commons assembled in parliament with additions to a former declaration, dated july , : for the protecting of those who are imployed by the authority of both or either house of parliament, in the execution of the ordinance for the militia, or, in advancing the propositions for raising of horse, moneys, or plate, according to the instructions of both houses of parliament. england and wales. parliament. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing e ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a declaration of the lords and commons assembled in parliament with additions to a former declaration, dated july , : for the protecting of those who are imployed by the authority of both or either house of parliament, in the execution of the ordinance for the militia, or, in advancing the propositions for raising of horse, moneys, or plate, according to the instructions of both houses of parliament. england and wales. parliament. broadside. printed by e.g. for e. husbands and j. frank ..., london : . at head of title: die martis, julii, . "ordered that this be forthwith printed. h. elsynge, cler. parl. d. com." reproduction of original in the harvard university library. eng great britain -- history -- civil war, - . great britain -- politics and government -- - . a r (wing e ). civilwar no a declaration of the lords and commons assembled in parliament with additions to a former declaration, dated july , : for the protect england and wales. parliament a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion die martis , julii , . a declaration of the lords and commons assembled in parliament , with additions to a former declaration , dated july . . for the protecting of those who are imployed by the authority of both or either house of parliament , in the execution of the ordinance for the militia : or in advancing the propositions for raising of horse , moneys , or plate , according to the instructions of both houses of parliament . the lords and commons in parliament do declare , that it is against the laws and liberties of the kingdom , that any of the subjects thereof should be commanded by the king to attend him at his pleasure , but such as are bound thereto by speciall service ; and if any messengers or officers shall by colour of any command from his maiesty , or warrant under his maiesties hand , arrest , take , or carry away any of his maiesties subiects to any place whatsoever contrary to their wils ; that it is both against the laws of the land , the liberty of the subjects , and is to the disturbance of the publique peace of the kingdom : and any of his maiesties subiects so arrested , may lawfully refuse to obey such arrests and commands . and it is further declared , that whosoever is imployed by both or either house of parliament , concerning the ordinance for the militia , or in advancing the propositions , for raising of horse , money , or plate , according to the instructions of both houses , or in furthering the subscriptions for jreland , or in any other service of both or either house of parliament , shall not depart that service , or attend his majestie upon any summons or commands , signified by letter , proclamation or otherwise , except such persons shall be compelled to such departure or attendance by authority of law . and in so doing , both houses of parliament will extend the utmost of their power for their indempnity . ordered that this be forthwith printed . h. elsynge , cler. parl. d. com. london , printed by e.g. for e. husbands , and j. frank , and are to be sold at the kings head in fleetstreet , . a letter from the king to f.m. charles ii, king of england, - . this text is an enriched version of the tcp digital transcription b of text r in the english short title catalog (wing c ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo b wing c estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. b ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a letter from the king to f.m. charles ii, king of england, - . f. m. england and wales. sovereign ( - : charles ii) sheet ([ ] p.) s.n., [london : ] caption title. dated at end: bruxels . april. . imperfect: torn, tightly bound with some loss of text. reproduction of the original in the lincoln's inn library. eng charles -- ii, -- king of england, - -- correspondence. great britain -- politics and government -- - -- sources. broadsides -- england -- th century. b r (wing c ). civilwar no a letter from the king to f.m. charles ii, king of england f the rate of defects per , words puts this text in the f category of texts with or more defects per , words. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion a letter from the king to f. m. when we daily perceive how many loyal subjects we have in england and how zealous the most moderate of them are to redeem their religion and liberties from prophaneness and oppression , and therby 〈◊〉 restore our kingdoms to peace , and our self to the just government of them , it will be no great danger to one of them to own his intelligence to us of their affections , and to be instrumental to assure them , how ready we shall be to grant , and faithful to perform , whatsoever shall be most conducing to establish a just and lasting peace . and because by a part of your last , we discover that there are some so irreconcileable to our person , and the nations settlement , that the● continue by an industrious malice , to represent us by false and odious lights so our people , and being by a long experience become perfect artists in their trade , 〈◊〉 so exactly fit their designs with proper instruments to accomplish them , as 〈◊〉 they hoped by their forgeries to deceive other mens reasons , and to blast our innocence and honor : sometimes perswading the credulous sort of their own party that we are popish , revengeful , debauch'd , and what not ? that may bring our person and honor into contempt , and them into despair : at another time , setting up the looser sort of those who have been , or pretend to be , engaged so 〈◊〉 , 〈◊〉 threaten all with fire and sword who are not of their own wild opinions , ●●●scribe men by names , confiscate their estates , dispose of offices , and endeavou● 〈◊〉 perswade the world we have authoriz'd them , to be the sole directors and go nors of our and the kingdoms affairs ; thus the phanatiques of both parties made use of to work a bad understanding between us and our people there b●ing no other difference between those two extremes , than that the first wo … 〈◊〉 have a king , because they would still keep , the nation in distraction ; the othe●●●deed wish a king ( but with no less confusion ) whose authority might be pro●●●tuted to their wicked ambitious ends : nor do they want their creatures to b … these exorbitanies ( of their own inventing ) through magnifying glasses to 〈◊〉 wel-affected in present power , who being altogether strangers to our conversation , may thereby be stagger'd in their duties , and become jealous of our integri●● and their own safeties . we therefore think fit to assure you by this our lette● ( which you may publish if you think fit ) that we dare cast our selves upon 〈◊〉 jury of sober and judicious men , whether we have exercised or willingly tolerate● debauching and swearing : and for our religion , both our self and our dea● brothers have given a sufficient testimony to all the world of our steddiness therein , and our late celebrating of the lords supper ( according to the institution o● the reformed churches ) may clearly vindicate us from so groundless an aspersion , to which holy duty , we came in such a christian temper , as did not onely overcome all desires of revenge , but sincerely forgive our greatest enemies : an● we are so far from approving those insolencies of your hectors ( as you cal them that we abhor and detest their words and actions , and whensoever it shall pleas● god to put an opportunity into our hands , shall further manifest our dislike thereof . we doubt not but we have said enough to convince the folly and madness of those idle persons , and to satisfie all knowing and conscientious men of the integrity of your loving friend , c. r. bruxels . april . . by the king, a proclamation for further proroguing the parliament england and wales. sovereign ( - : charles ii) approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing c estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) by the king, a proclamation for further proroguing the parliament england and wales. sovereign ( - : charles ii) charles ii, king of england, - . broadside. printed by john bill and christopher barker ..., london : . "given at our court at whitehall, the twenty fourth day of may, , in the seventeenth year of our reign." reproduction of original in the cambridge university library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng proclamations -- great britain. great britain -- history -- charles ii, - . great britain -- politics and government -- - . - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion c r diev et mon droit honi soit qvi mal y pense royal blazon or coat of arms by the king. a proclamation for further proroguing the parliament . charles r. whereas at our last session of parliament , we prorogued the same until the one and twentieth day of june then next coming , and now near at hand ; we by the advice of our privy council , for divers weighty reasons vs especially moving , do hereby publish and declare our royal will and pleasure , that the same parliament shall be again prorogued from the said one and twentieth day of june , unto a further time , which shall be by vs prefixed and appointed at the actual prorogation thereof ; whereof the lords spiritual and temporal , knights , citizens and burgesses , and all others whom it may concern , may hereby take notice , and order their affairs accordingly . given at our court at whitehall the twenty fourth day of may , . in the seventeenth year of our reign . god save the king. london , printed by john bill and christopher barker , printers to the kings most excellent majesty , . to the king's most excellent majesty, the humble address of the presbyterian ministers in his majesties kingdom of scotland proceedings. - - . church of scotland. general assembly. approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing t estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) to the king's most excellent majesty, the humble address of the presbyterian ministers in his majesties kingdom of scotland proceedings. - - . church of scotland. general assembly. james ii, king of england, - . sheet ([ ] p.) printed by james watson, printer to his most excellent majesties royal family and houshold, holy-rood-house [edinburgh] : . at head of text: at edinburgh the twenty first day of july, in the year . a petition thanking king james ii for the declaration of indulgence issued in february . copy annotated above text in ms.: "this is printed by the papist watson of the abbey". reproduction of the original in the harvard university library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- sovereign ( - : james ii). religious tolerance -- scotland -- early works to . great britain -- politics and government -- - -- early works to . - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - elspeth healey sampled and proofread - elspeth healey text and markup reviewed and edited - pfs batch review (qc) and xml conversion to the king's most excellent majesty . the humble address of the prebyterian ministers in his majesties kingdom of scotland . at edinburgh the twenty first day of july , in the year . may it please your majesty , we your majesties most loyal subjects , the ministers of the presbyterian perswasion in your ancient kingdom of scotland , from the deep sense we have of your majesties gracious and surprizing favour , in not onely putting a stop to our long sad sufferings for nonconformity , but granting us the liberty of the publick and peaceable exercise or our ministerial function , without any hazard ; as we bless the great god who hath put this in your royal heart , do withal find our selves bound in duty to offer our most humble and hearty thanks to your sacred majesty ; the favour bestowed being to us , and all the people of our perswasion , valuable above all our earthly comforts : especially since we have ground from your majesty to believe , that our loyalty is not to be questioned upon the account of our being presbyterians ; who , as we have amidst all former temptations endeavoured , so are firmly resolved still to preserve an entire loyalty in our doctrine and practice , ( consonant to our known principles , which according to the holy scriptures , are contained in the confession of faith generally owned by presbyterians in all your majesties dominions : ) and by the help of god , so to demean our selves , as your majesty may find cause rather to enlarge , than to diminish your favours towards us : throughly perswading ourselves , from your majesties justice and goodness . that if we shall at any time be otherwise represented , your majesty will not give credit to such information , until you take due cognition thereof : and humbly beseeching that those who promote any disloyal principles and practices , ( as we do disown them ) may be look'd upon as none of ours , whatsoever name they may assume to themselves . may it please your most excellent majesty , graciously to accept this our humble address , as proceeding from the plainness and sincerity of loyal and thankful hearts , much engaged by this your royal favour , to continue our fervent prayers to the king of kings , for divine illumination and conduct , with all other blessings spiritual and temporal , ever to attend your royal person and government ; which is the greatest duty can be rendred to your majesty , by your majesties most humble , most faithful , and most obedient subjects . subscribed in our own names , and in the name of the rest of the brethren of our perswasion , at their desire . holy-rood-house : printed by james watson , printer to his most excellent majesties royal family and houshold . . an account of the growth of popery and arbitrary government in england more particularly, from the long prorogation of november, , ending the th of february, , till the last meeting of parliament, the th of july, . marvell, andrew, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing m estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) an account of the growth of popery and arbitrary government in england more particularly, from the long prorogation of november, , ending the th of february, , till the last meeting of parliament, the th of july, . marvell, andrew, - . p. [s.n.], amsterdam : . attributed to a. marvell. cf. wing. errata: p. . reproduction of original in british library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng church and state -- england -- th century. great britain -- politics and government -- - . - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - rina kor sampled and proofread - rina kor text and markup reviewed and edited - pfs batch review (qc) and xml conversion an account of the growth of popery , and arbitrary government in england . more particularly , from the long prorogation , of november , , ending the th . of february , till the last meeting of parliament , the th . of july . amsterdam , printed in the year . an account of the growth of popery , and arbitrary government in england , &c. there has now for diverse years , a design been carried on , to change the lawfull government of england into an absolute tyranny , and to convert the established protestant religion into down-right popery : than both which , nothing can be more destructive or contrary to the interest and happinesse , to the constitution and being of the king and kingdom . for if first we consider the state , the kings of england rule not upon the same terms with those of our neighbour nations , who , having by force or by adresse usurped that due share which their people had in the government , are now for some ages in possession of an arbitrary power ( which yet no presciption can make legall ) and exercise it over their persons and estates in a most tyrannical manner . but here the subjects retain their proportion in the legislature ; the very meanest commoner of england is represented in parliament , and is a party to those laws by which the prince is sworn to govern himself and his people . no mony is to be levied but by the common consent . no than is for life , limb , goods , or liberty at the soveraigns discretion : but we have the same right ( modestly understood ) in our propriety that the prince hath in his regality ; and in all cases where the king is concerned , we have our just remedy as against any private person of the neighbourhood , in the courts of westminster hall or in the high court of parliament . his very prerogative is no more then what the law has determined . his broad seal , which is the legitimate stamp of his pleasure , yet is no longer currant , than upon the trial it is found to be legal . he cannot commit any person by his particular warrant . he cannot himself be witnesse in any cause : the ballance of publick justice being so dellicate , that not the hand only but even the breath of the prince would turn the scale . nothing is left to the kings will , but all is subjected to his authority : by which means it follows that he can do no wrong , nor can he receive wrong ; and a king of england , keeping to these measures , may without arrogance be said to remain the onely intelligent ruler over a rational people . in recompense therefore and acknowledgment of so good a government under his influence , his person is most sacred and inviolable ; and whatsoever excesses are committed against so high a trust , nothing of them is imputed to him , as being free from the necessity or temptation , but his ministers only are accountable for all and must answer it at their perills . he hath a vast revenue constantly arising from the hearth of the housholder , the sweat of the laboures , the rent of the farmer , the industry of the merchant , and consequently out of the estate of the gentleman : a larg competence to defray the ordinary expense of the crown , and maintain its lustre . and if any extraordinary occasion happen , or be but with any probable decency pretended , the whole land at whatsoever season of the year does yield him a plentifull harvest . so forward are his peoples affections to give even to superfluity , that a forainer ( or english man that hath been long abroad ) would think they could neither will nor chuse , but that the asking of a supply , were a meer formality , it is so readily granted . he is the fountain of all honours , and has moreover the distribution of so many profitable offices of the houshold , of the revenue , of state , of law , of religion , of the navy ( and , since his persent majesties time , of the army ) that it seems as if the nation could scarse furnish honest men enow to supply all those imployments . so that the kings of england are in nothing inferiour to other princes , save in being more abridged from injuring their own subjects : but have as large a field as any of external felicity , wherein to exercise their own virtue and so reward and incourage it in others . in short , there is nothing that comes nearer in government to the divine perfection , then where the monarch , as with us , injoys a capacity of doing all the good imaginable to mankind , under a disability to all that is evil . and as we are thus happy in the constitution of our state , so are we yet more blessed in that of our church ; being free from that romish yoak , which so great a part of christendome do yet draw and labour under , that popery is such a thing as cannot , but for want of a word to express it , be called a religion : nor is it to be mentioned with that civility which is otherwise decent to be used , in speaking of the differences of humane opinion about divine matters . were it either open judaisine , or plain turkery , or honest paganisme , there is yet a certain bona fides in the most extravagant belief , and the sincerity of an erroneous profession may render it more pardonable : but this is a compound of all the three , an extract of whatsoever is most ridiculous and impious in them , incorporated with more peculiar absurdityes of its own , in which those were deficient ; and all this deliberately contrived , knowingly carried on by the bold imposture of priests under the name of christianity . the wisdom of this fifth religion , this last and insolentest attempt uppon the credulity of mankind seems to me ( though not ignorant otherwise of the times , degrees and methods of its progresse ) principally to have consisted in their owning the scriptures to be the word of god , and the rule of faith and manners , but in prohibiting of the same time their common use , or the reading of them in publick churches but in a latine translation to the vulgar : there being no better or more rational way to frustrate the very design of the great institutor of christianity , who first planted it by the extraordinary gift of tongues , then to forbid the use even of the ordinary languages . for having thus a book which is universally avowed to be of divine authority , but sequestring it only into such hands as were intrusted in the cheat , they had the opportunity to vitiate , suppresse , or interpret to their own profit those records by which the poor people hold their salvation . and this necessary point being once gained , there was thence forward nothing so monstrous to reason , so abhorring from morality , or so contrary to scripture which they might not in prudence adventure on . the idolatry ( for alas it is neither better nor worse ) of adoring and praying to saints and angels , of worshipping pictures , images and reliques , incredible miracles and plapable fables to promote that veneration . the whole liturgy and worship of the blessed virgin. the saying of pater nosters and creeds , to the honour of saints , and of ave mary's too , not to her honour , but of others . the publick service , which they can spare to god among so many competitors , in an unknown tongue ; and intangled with such vestments , consecrations , exorcismes , whisperings , sprinklings , censings , and phantasticall rites , gesticulations , and removals , so unbeseeming a christian office , that it represents rather the pranks and ceremonyes of juglers and conjurers . the refusal of the cup to the laity . the necessity of the priests intention to make any of their sacraments effectual . debarring their clergy from marriage . interdicting of meats . auricular confession and absolution , as with them practised . penances , pilgrimages , purgatory , and prayer for the dead . but above all their other devices , that transubstantiall solacisme , whereby that glorified body , which at the same time they allow to be in heaven , is sold again and crucifyed daily upon all the altars of their communion . for god indeed may now and then do a miracle , but a romish priest can , it seems , work in one moment a thousand impossibilityes . thus by a new and antiscriptural belief , compiled of terrours to the phansy , contradictions to sense , and impositions on the understanding , their laity have turned tenants for their souls , and in consequence tributary for their estates to a more then omnipotent priesthood . i must indeed do them that right to avow that , out of an equitable consideration and recompense of so faithfull a slavery , they have discharged the people from all other services and dependance , infranchised them from all duty to god or man ; insomuch that their severer and more learned divines , their governors of conscience , have so wel instructed them in all the arts of circumventing their neighbour , and of colluding with heaven , that , wear the scholars as apt as their teachers , their would have been long since an end of all either true piety , or common honesty ; and nothing left among them but authorized hypocrisy , licentiousnesse and knavery ; had not the naturall worth of the better sort , and the good simplicity of the meaner , in great measure preferved them . for nothing indeed but an extraordinary temper and ingenuity of spirit , and that too assisted by a diviner influence , could possibly restrain those within any the termes or laws of humanity , who at the same time own the doctrine of their casuists or the authority of the pope , as it is by him claimed and exercised . he by his indulgences delivers soules out of the paines of the other world : so that who would refuse to be vicious here , upon so good security . he by his dispensation annuls contracts betwixt man and man , dissoves oaths between princes , or betwixt them and their people , and gives allowance in cases which god and nature prohibits . he , as clerk of the spirituall market , hath set a rate upon all crimes : the more flagitious they are and abominable , the better commodities , and men pay onely an higher price as for greater rarityes . so that it seemes as if the commands of god had been invented meerly to erect an office for the pope ; the worse christians men are , the better customers ; and this rome does by the same policy people its church , as the pagan rome did the city , by opening a sanctuary to all malefactors . and why not , if his power be indeed of such virtue and extent as is by him chalenged ? that he is the ruler over angels , purgatory and hell. that his tribunal and gods are all one . that all that god , he can do , clave non errant , and what he does is as god and not as man. that he is the universall head of the church , the sole interpreter of scripture , and judge of controversy . that 〈◊〉 is above generall councils . that his power is absolute , and his decrees infallible . that he can change the very nature of things , making what is just to be unjust , and what is vice to be virtue . that all laws are in the cabinet of his breast . that he can dispence with the new testment to the great injury of the divels . that he is still monarch of this world , and that he can dispose of kingdoms and empires as he pleases . which things being granted , that stile of optimum , maximum & supremum numen in terris , or that of dominus , deus noster , papa , was no such extraordinary stroke of courtship as we reckoned : but it was rather a great clownishness in him that treated so mighty a prince under the simple title of vice-deus . the exercise of his dominion is in all points suitable to this his pretence . he antiquates the precepts of christ as things only of good advice , not commanded : but makes it a mortall seu even to doubt of any part of his own religion , and demands under paine of damnation the subjection of all christians to his papal authority : the denying of two things so reasonable as blind obedience to this power , and an implicite faith to his doctrine , being the most unpardonable crime , under his dispensation . he has indeed of late been somewhat more retentive then formerly as to his faculty of disposing of kingdomes , the thing not having succeeded well with him in some instances : but he layes the same claim still , continues the same inclination , and though velvet headed hath the more itch to be pushing . and however in order to any occasion he keeps himself in breath always by cursing one prince or other upon every maunday thusday : nor is their any , whether prince or nation , that dissents from his usurpations , but are marked out under the notion of hereticks to ruine and destruction whensover he shall give the signal . that word of heresy misapplyed , hath served him for so many ages to justify all the executions , assassinations , warrs , massacres , and devastations , whereby his faith hath been propagated ; of which our times also have not wanted examples , and more is to be expected for the future . for by how much any thing is more false and unreasonble , it requires more cruelty to establish it : and to introduce that which is absurd , there must be somwhat done that is barbarous . but nothing of any sect in religion can be more recommended by all these qualityes then the papacy . the pagans are excusable by their natural darkness , without revelation . the jevvs are tolerable , who see not beyond the old testament . mahomet was so honest as to own what he would be at , that he himself was the greatest prophet , and that his was a religion of the sword. so that these were all , as i may say , of another allegiance and if enemys , yet not traytors : but the pope avowing christianity by profession doth in doctrine and practise renonce it : and presuming to be the only catholick , does persecute those to the death who dare worship the author of their religion instead of his pretended vicegerent . and yet there is nothing more evident , notwithstanding his most notorious forgeries and falsification of all writers , then that the pope was for severall hundred of years an honest bishop as other men are , and never so much as dreamed upon the seven hills of that universal power which he is now come to : nay was the first that opposed any such pretension . but some of them at last , growing wiser , by foisting a counterfeit donation of constantine , and wresting another donation from our saviour , advanced themselves in a weak , ignorant , and credulous age , to that temporal and spiritual principality that they are now seised of . tues petrus , & super hanc petram , adificabo ecclesiam meam . never was a bishop-prick and a verse of scripture so improved by good management . thus , by exercising in the quality of christs uicar the publick function under an invisible prince , the pope , like the maires of the palace , hath set his master aside and delivered the government over to a new line of papal succession . but who can , unlesse wilfully , be ignorant what wretched doings , what bribery , what ambition there are , how long the church is without an head upon every vacancy , till among the crew of bandying cardinalls the holy ghost have declared for a pope of the french or spanish faction . it is a sucession like that of the egyptian ox ( the living idol of that country ) who dying or being made away by the priests , there was a solemn and general mourning for want of a deity ; until in their conclave they had found out another beast with the very same marks as the former , whom then they themselvs adored and with great jubilee brought forth to the people to worship . nor was that election a grosser reproach to human reason then this is also to christianity . surely it is the greatest miracle of the romish church that it should still continue , and that in all this time the gates of heaven should not prevaile against it . it is almost unconceivable how princes can yet suffer a power so pernicious , and doctrine so destructive to all government . that so great a part of the land should be alienated and condemned to , as they call it , pious uses . that such millions of their people as the clergy , should , by remaining unmarryed , either frustrate humane nature if they live chastly , or , if otherwise , adulterate it . that they should be priviledged from all labour , all publick service , and exempt from the power of all secular jurisdiction . that they , being all bound , by strict oaths and vows of obedience to the pope , should evacuate the fealty due to the soveraign . nay , that not only the clergy but their whole people , if of the romish preswasion , should be obliged to rebel at any time upon the popes pleasure . and yet how many of the neighbouring princes are content , or do chuse to reign , upon those conditions ; which being so dishonorable and dangerous , surely some great and more weighty reason does cause them submit to . whether it be out of personal fear , having heard perhaps of several attempts which the blind obedience of popish zelotes hath executed against their princes . or , whether aiming at a more absolute and tyrannical government , they think it still to be the case of boniface and phocas ( an usurping emperour and an usurping bishop ) and that , as other cheats , this also is best to be managed by confederacy . but , as farre as i can apprehend , there is more of sloth then policy on the princes side in this whole matter : and all that pretense of inslaving men by the assistance of religion more easily , is neither more nor lesse then when the bramine , by having the first night of the bride assures himself of her devotion for the future , and makes her more fit for the husband . this reflection upon the state of our neighbours , in aspect to religion , doth sufficiently illustrate our happinesse , and spare me the labour of describing it further , then by the rule of contraryes : our church standing upon all points in a direct opposition to all the forementioned errours . our doctrine being true to the principles of the first christian institution , and episcopacy being formed upon the primitive model , and no ecclesiastical power jostling the civil , but all concurring in common obedience to the soveraign . nor therefore is their any , whether prince or nation , that can with less probability be reduced back to the romish perswasion , than ours of england . for , if first we respect our obedience to god , what appearance is there that , after so durable and general an enlightning of our minds with the sacred truth , we should again put out our own eyes , to wander thorow the palpable darkness of that gross superstition ? but forasmuch as most men are less concern'd for their interest in heaven than on earth , this seeming the nearer and more certain , on this account also our alteration from the protestant religion is the more impossible . when beside the common ill examples and consequences of popery observable abroad , whereby . we might grow wise at the expense of our neighbours , we cannot but reflect upon our own experiments at home , which would make even fools docible . the whole reign of queen mary , in which the papists made fewel of the protestants . the excommunicating and deprivation of queen elizabeth by the pope , pursued with so many treasons and attempts upon her person , by her own subjects , and the invasion in eighty-eight by the spanish . the two breves of the pope , in order to exclude king james from the succession to the crown , seconded by the gunpovvder-treason . in the time of his late majesty , king charles the first , ( besides what they contributed to the civil war in england ) the rebellion and horrid massacre in ireland , and , which was even worse than that , their pretending that it was done by the kings commission , and vouching the broad seal for their authority . the popes nuncio assuming nevertheless and exercising there the temporal as well as spiritual power , granting out commissions under his own hand , breaking the treatys of peace between the king , and , as they then styled themselves , the confederate catholicks ; heading two armies against the marquess of ormond , then lord lieutenant , and forcing him at last to quit the kingdom : all which ended in the ruine of his majesties reputation , government , and person ; which but upon occasion of that rebellion , could never have happened . so that we may reckon the reigns of our late princes , by a succession of the popish treasons against them . and , if under his present majesty we have as yet seen no more visible effects of the same spirit than the firing of london ( acted by hubert , hired by pieddelou two french-men ) which remains a controverfie , it is not to be attributed to the good nature or better principles of that sect , but to the wisdom of his holyness ; who observes that we are not of late so dangerous protestants as to deserve any special mark of his indignation , but that we may be made better use of to the weakning of those that are of our own religion , and that if he do not disturbe us , there are those among our selves , that are leading us into a fair way of reconciliation with him . but those continued fresh instances , in relation to the crown , together with the popes claim of the temporal and immediate dominion of the kingdoms of england and ireland , which he does so challenge , are a sufficient caution to the kings of england , and of the people , there is as little hopes to seduce them , the protestant religion being so interwoven as it is with their secular interest . for the lands that were formerly given to superstitious uses , having first been applyed to the publick revenue , and afterwards by severall alienations and contracts distributed into private possession , the alteration of religion would necessarily introduce a change of property . nullum tempus occurrit ecelesiae , it would make a general earth-quake over the nation , and even now the romish clergy on the other side of the water , snuffe up the savoury odour of so many rich abbies and monasteries that belonged to their predecessors . hereby no considerably estate in england but must have a piece torn out of it upon the titile of piety , and the rest subject to be wholly forfeited upon the account of heresy . another chimny mony of the old peter pence must again be payed . as tribute to the pope , beside that which is established on his majesty : and the people , instead of those moderate tithes that are with too much difficulty payed to their protestant pastors , will be exposed to all the exactions , of the court of rome , and a thousand artifices by which in former times they were used to draine away the wealth of ours more then any other nation . so that in conclusion , there is no english-man that hath a soul , a body , or an estate to save , that loves either god , his king , or his country , but is by all those tenures bound , to the best of his power and knowledge , to maintaine the established protestant religion . and yet , all this notwithstanding , there are those men among us , who have undertaken , and do make it their businesse , under so legal and perfect a government , to introduce a french slavery , and instead of so pure a religion , to establish the roman idolatry : both and either of which are crimes of the highest nature . for , as to matter of government , if to murther the king be , as certainly it is , a fact so , horred , how much more hainous is it to assassinate the kingdome ? and as none will deny , that to alter our monarchy into a commonvvealth were treason , so by the same fundamenttal rule , the crime is no lesse to make that monarchy absolute . what is thus true in regard of the state , holds as well in reference to our religion . former parliaments have made it treason in whosoever shall attempt to seduce any one , the meanest of the kings subjects , to the church of rome : and this parliament hath , to all penalties by the common or statute law , added incapacity for any man who shall presume to say that the king is a papist or an introducer of popery . but what lawless and incapable miscreants then , what wicked traytors are those wretched men , who endevour to pervert our whole church , and to bring that about in effect , which even to mention is penal , at one italian stroke attempting to subvert the government and religion , to kill the body and damn the soul of our nation . yet were these men honest old cavaliers that had suffered in his late majesties service , it were allowable in them , as oft as their wounds brake out at spring or fall , to think of a more arbitrary government , as a soveraign balsom for their aches , or to imagine that no weapon-salve but of the moss that grows on an enemies skul could cure them . should they mistake this long parliament also for rebells , and that , although all circumstances be altered , there were still the same necessity to fight it all over again in pure loyalty , yet their age and the times they have lived in , might excuse them . but those worthy gentlemen are too generous , too good christians and subjects , too affectionate to the good english government , to be capable of such an impression . whereas these conspiratours are such as have not one drop of cavalier blood , or no bovvels at least of a cavalier in them ; but have starved them , to revel and surfet upon their calamities , making their persons , and the very cause , by pretending to it themselves , almost ridiculous . or , were these conspiratours on the other side but avowed papists , they were the more honest , the less dangerous , and the religion were answerable for the errours they might commit in order to promote it . who is there but must acknowledge , if he do not commend the ingenuity ( or by what better name i may call it ) of sir thomas strickland , lord bellassis , the late lord clifford and others , eminent in their several stations ? these , having so long appeared the most zealous sons of our church , yet , as soon as the late test against popery was inacted , tooke up the crosse , quitted their present imployments and all hopes of the future , rather then falsify their opinion : though otherwise men for quality , estate and abilityes whether in warre or peace , as capable and well deserving ( without disparagement ) as others that have the art to continue in offices . and above all his royal highnesse is to be admired for his unparallelled magnanimity on the same account : there being in all history perhaps no record of any prince that ever changed his religion in his circumstances . but these persons , that have since taken the worke in hand , are such as ly under no temptation of religion : secure men , that are above either honour or consciencs ; but obliged by all the most sacred tyes of malice and ambition to advance the ruine of the king and kingdome , and qualified much better then others , under the name of good protestants , to effect it . and because it was yet difficult to find complices enough at home , that were ripe for so black a desing , but they wanted a back for their edge ; therefore they applyed themselves to france , that king being indowed with all those qualityes , which in a prince , may passe for virtues ; but in any private man , would be capital ; and moreover so abounding in wealth that no man else could go to the price of their wickednesse : to which considerations , adding that he is the master of absolute dominion , the presumptive monarch of christendom , the declared champion of popery , and the hereditary , natural , inveterate enemy of our king and nation , he was in all respects the most likely ( of all earthly powers ) to reward and support them in a project every way suitable to his one inclination and interest . and now , should i enter into a particular retaile of all former and latter transactions , relating to this affaire , there would be sufficient for a just volume of history . but my intention is onely to write a naked narrative of some the most considerable passages in the meeting of parliament the of febr. . such as have come to my notice which may serve for matter to some stronger pen and to such as have more leisure and further opportunity to discover and communicate to the publick . this in the mean time will by the progresse made in so few weeks , demonstrate at what rate these men drive over the necks of king and people , of religion and government ; and how near they are in all humane probability to arrive triumphant at the end of their journey . yet , that i may not be too abrupt , and leave the reader wholly destitute of a thread to guide himself by thorow so intriguing a labyrinth , i shall summarily as short , as so copious and redundant a matter will admit , deduce the order of affaires both at home and abroad , as it led into this session . it is well known , were it as well remembred , what the provocation was , and what the successe of the warre begun by the english i●… the year . against holland : what vast supplyes were furnished by the subject for defraying it , and yet after all . no fleet set out , but the flower of all the royal navy burnt or taken in port to save charges . how the french , during that war , joyned themselves in assistance of holland against us , and yet , by the credit he had with the queen mother , so farre deluded his majesty , that upon assurance the dutch neither would have any fleet out that year , he forbore to make ready , and so incurred that notable losse , and disgrace at chatham . how ( after this fatall conclusion of all our sea - champaynes ) as we had been obliged to the french for that warre , so we were glad to receive the peace from his favour which was agreed at breda betwixt england , france , and holland . his majesty was hereby now at leisure to remarke how the french had in the year . taken the time of us and while we were imbroled and weakned had in violation of all the most solemn and sacred oaths and treatyes invaded and taken a great part of the spanish nether-land , which had alwayes been considered as the natural frontier of england . and hereupon he judged it necessary to interpose , before the flame that consumed his next neighbour should throw its sparkles over the water . and therefore , generously slighting all punctilious of ceremony or peeks of animosity , where the safty of his people and the repose of christendom were concerned , he sent first into holland , inviting them to a nearer alliance , and to enter into such further counsells as were most proper to quiet this publick disturbance which the french had raised . this was a work wholy of his majestys designing and ( according to that felicity which hath allways attended him , when excluding the corrupt politicks of others he hath followed the dictates of his own royal wisdom ) so well it succeeded . it is a thing searse credible , though true , that two treatyes of such weight , intricacy , and so various aspect as that of the defensive league with holland , and the other for repressing the further progresse of the french in the spanish netherland , should in five days time , in the year . be concluded . such was the expedition and secrecy then used in prosecuting his majesty particuler instructions , and so easy a thing is it for princes , when they have a mind to it , to be well served . the svvede too shortly after made the third in this concert ; whether wisely judging that in the minority of their king reigning over several late acquired dominions , it was their true intrest to have an hand in all the counsells that tended to pease and undisturbed possession , or , whether indeed those ministers , like ours , did even then project in so glorious an alliance to betray it afterward to their own greater advantage . from their joyning in it was called the triple alliance , his majesty with great sincerity continued to solicite other princes according to the seventh article to come into the guaranty of this treaty , and delighted himself in cultivating by all good means what he had planted . but in a very short time these counsells , which had taken effect with so great satisfaction to the nation and to his majestyes eternal honour , were all changed and it seemed that treatyes , as soon as the wax is cold , do lose their virtue . the king in june went down to dover to meet after a long absence . madam , his onely remaining sister : where the days were the more pleasant , by how much it seldomer happens to princes then private persons to injoy their relations , and when they do , yet their kind interviews are usually solemnized with some fatlity and disaster , nothing of which here appeared . but upon her first return into france she was dead , the marquess of belfonds was immediately sent hither , a person , of great honour dispatched thither ? and , before ever the inquiry and grumbling at her death could be abated , in a trice there was an invisible leagle , in prejudice of the triple one , struck up with france , to all the height of dearnesse and affection . as if upon discecting the princess there had some state philtre been found in her bowells , or the reconciliation wiah france were not to be celebrated with a lesse sacrifice then of the blood royall of england . the sequel will be suitable to so ominous a beginning . but , as this treaty was a work of darknesse and which could never yet be understood or discovered but by the effects , so before those appeared it was necessary that the parliament should after the old wont be gulld to the giving of mony . they met the th oct. . and it is not without much labour that i have been able to recover a written copy of the lord bridgmans speech , none being printed , but forbidden , doubtlesse lest so notorious a practise as certainly was never before , though there have indeed been many , put upon the nation , might remain publick . although that honourable person cannot be persumed to have been accessory to what was then intended , but was in due time , when the project ripened and grew hopeful , discharged from his office , and he , the duke of ormond , the late secretary trevor , with the prince rupert , discarded together out of the committee for the forraign affaires , he spoke thus . my lords , and you the knights , citizens and burgesses of the house of commons . when the two houses were last adjourned , this day , as you well know , was perfixed for your meeting again . the proclamation since issued requiring all your attendances at the same time shewed not only his majesties belief that his business will thrive best when the houses are fullest , but the importance also of the affaires for which you are so called : and important they are . you cannot be ignorant of the great forces both for land and sea-service which our neighbours of france and the low-countries have raised , and have now in actual pay ; nor of the great preparations which they continue to make in levying of men , building of ships , filling their magazines and stores with immense quantities of all sorts of warlike provisions . since the beginning of the last dutch war , the french have increased the greatness and number of their ships so much , that their strength by sea is thrice as much as it was before . and since the end of it , the dutch have been very diligent also in augmenting their fleets . in this conjuncture , when our neighbours arm so potently , even common prudence requires that his majesty should make some suitable preparations ; that he may at least keep pace with his neighbours , if not out-go them in number and strength of shipping . for this being an island , both our safety , our trade , our being , and our well-being depend upon our forces at sea. his majesty therefore , of his princely care for the good of his people , hath given order for the fitting out of fifty sayl of his greatest ships , against the spring , besides those which are to be for security of our merchants in the mediterranean : as foreseeing , if he should not have a considerable fleet , whilst his neighbours have such forces both at land and sea , temptation might be given to those who seem not now to intend it , to give us an affront , at least , if not to do us a mifchief . to which may be added , that his majesty , by the leagues which he hath made , for the common peace of christendom , and the good of his kingdoms , is obliged to a certain number of forces in case of infraction thereof , as also for the assistance of some of his neighbours , in case of invasion . and his majesty would be in a very ill condition to perform his part of the leagues ( if whilst the clouds are gathering so thick about us ) he should , in hopes that the wind will disperse them , omit to provide against the storm . my lords and gentlemen , having named the leagues made by his majesty , i think it necessary to put you in mind , that since the close of the late war , his majesty hath made several leagues , to his own great honour , and infinite advantage to the nation . one known by the name of the tripple alliance , wherein his majesty , the crown of sweden and the states of the united provinces are ingaged to preserve the treaty of aix la capelle , concerning a peace between the two warring princes , which peace produced that effect , that it quenched the fire which was ready to have set all christendom in a flame . and besides other great benefits by it , which she still enjoyes , gave opportunity to transmit those forces against the infidels , which would otherwise have been imbrued in christian blood. another between his majesty and the said states for a mutual assistance with a certain number of men and ships in case of invasion by any others . another between his maiesty and the duke of savoy , establishing a free trade for his majesties subjects at villa franca , a port of his own upon the mediterranean , and through the dominions of that prince ; and thereby opening a passage to a rich part of italy , and part of germany , which will be of a very great advantage for the vending of cloth and other our home commodities , bringing back silk and other materials for manifactures than here . another between his majesty and the king of denmark , whereby those other impositions that were lately laid upon our trade there , are taken off , and as great priviledges granted to our merchants , as ever they had in former times , or as the subjects of any other prince or state do now enjoy . and another league upon a treaty of commerce with spain , whereby there is not only a cessation and giving up to his majesty of all their pretensions to jamaica , and other islands and countries in the west indies , in the possession of his majesty or his subjects , but with all , free liberty is given to his majesties subjects , to enter their ports for victuals and water , and safety of harbour and return , if storm or other accidents bring them thither ; priviledges which were never before granted by them to the english or any others . not to mention the leagues formerly made with sweden and portugal , and the advantages which we enjoy thereby ; nor those treaties now depending between his majesty and france , or his majesty and the states of tbe united provinces touching commerce , wherein his majesty will have a singular regard to the honour of this nation , and also to the trade of it , which never was greater than now it is . in a word , almost all the princes in europe do seek his majesties friendship , as acknowledging they cannot secure , much less improve their present condition without it . his majesty is confident that you will not be contented to see him deprived of all the advantages which he might procure hereby to his own kingdoms , nay even to all christendom , in the repose and quiet of it . that you will not be content abroad to see your neighbours strengthening themselves in shipping , so much more than they were before , and at home to see the government strugling every year with difficulties ; and not able to keep up our navies equal with theirs . he findes that by his accounts from the year to the late war , the ordinary charge of the fleet communibus annis , came to about l. a year , and it cannot be supported with less . if that particular alone take up so much , add to it the other constant charges of the government , and the revenue ( although the commissioners of the treasury have mannag'd it with all imaginable thrift ) will in no degree suffice to take of the debts due upon interest , much less give him a fonds for the fitting out of this fleet , which by common estimation thereof cannot cost less than l. his majesty in his most gracious speech , hath expressed the great sence he hath of your zeal and affection for him , and as he will ever retain a grateful memory of your former readiness to supply him in all exigencies , so he doth with particular thanks acknowledge your frank and chearfull gift of the new duty upon wines , at your last meeting : but the same is likely to fall very short in value of what it was conceived to be worth , and should it have answered expectation , yet far too short to ease and help him upon these occasions . and therefore such a supply as may enable him to take off his debts upon interest , and to set out this fleet against the spring , is that which he desires from you , and recommends it to you , as that which concerns the honour and support of the government , and the wellfare and safety of your selves and the whole kingdome . my lords and gentlemen , you may perceive by what his majesty hath already said , that he holds it requisite that an end be put to this meeting before christmas . it is so not only in reference to the preparation for his fleet , which must be in readiness in the spring , but also to the season of the year . it is a time when you would be willing to be in your countries , and your neighbours would be glad to see you there , and partake of your hospitality and charity , and you thereby endear your selves to them , and keep up that interest and power among them , which is necessary for the service of your king and country , and a recesse at that time , leaving your business unfinished till your return , cannot either be convenient for you , or suitable to the condition of his majesties affaires , which requires your speedy , as well as affectionate consideration . there needed not so larg a catalogue of pass , present and future leagues and treaties , for even villa franca sounded so well ( being besides so considerable a port , and that too upon the mediterranean ( another remote word of much efficacie ) and opeing moreover a passage to a rich part of italy , and a part of germany , &c. ) that it alone would have sufficed to charm the more ready votes of the commons into a supply , and to justifie the necessity of it in the noise of the country . but indeed the making of that tripple league , was a thing of so good a report and so generally acceptable to the nation , as being a hook in the french nostrils , that this parliament ( who are used , whether it be war or peace , to make us pay for it ) could not have desired a fairer pretence to colour their liberality . and therefore after all the immense summs lavished in the former war with holland , they had but in april last , ●… , given the additional duty upon wines for years ; amounting to and confirmed the sale of the fee farm rents , which was no lesse their gift , being a part of the publick revenue , to the value of l . yet upon the telling of this storie by the lord keeper , they could no longer hold but gave with both hands now again a subsidy of s . in the pound to the real value of all lands , and other estates proportionably , with several more beneficial clauses into the bargaine , to begin the of june , and expire the of june . together with this , they granted the additional excise upon beer , ale , &c. for six years , to reckon from the same th of june . and lastly , the lavv bill commencing from the first of may , and at nine yeares end to determine . these three bills summed up therefore cannot be estimated at lesse than two millions and an half . so that for the tripple league , here was , also tripple-supply , and the subject had now all reason to beleive that this alliance , which had been fixed at first by the publick interest , safety and honour ( yet , should any of those give way ) was by these three grants , as with three golden nailes , sufficiently clenched and reivetted . but now therefore was the most proper time and occasion for the conspirators , i have before described , to give demonstration of their fidelitie to the french king and by the forfeiture of all these obligations to their king and countrey , and other princes , and at the expense of all this treasure given to contrarie uses , to recommend themselves more meritoriously to his patronage . the parliament having once given this mony , were in consequence prorogued , and met not again till the th of february , that there might be a competent scope for so great a work as was desined , and the architects of our ruine might be so long free from their busie and odious inspection till it were finished . henceforward , all the former applications made by his majesty to induce forraine princes into the guaranty of the treaty of aix la chapelle ceased , and on the contrary , those who desired to be admitted into it , were here refused . the duke of loraine , who had alwaies been a true freind to his majesty , and by his affection to the tripple league had incurred the french kings displeasure , with the losse of his whole territorie , seised in the year , against all laws not only of peace but hostility , yet was by means of these men rejected , that he might have no intrest in the alliance , for which he was sacrificed . nay even the emperour , though he did his majesty the honour to address voluntarily to him , that himself might be received into that tripple league , yet could not so great a prince prevail but was turned off with blind reason , and most srivolous excuses . so farre was it now from fortifying the alliance by the accession of other princes , that mr. henry goventry went now to svveden expresly , as he affirmed at his departure hence , to dissolve the tripple league . and he did so much towards it , cooperating in that court with the french ministers , that svveden never ( after it came to a rupture ) did assist or prosecute effectually the ends of the alliance , but only arming it self at the expence of the leagues did first , under a disguised mediation , act the french interest , and at last threw off the vizard , and drew the sword in their quarrel . which is a matter of sad reflexion , that he , who in his embassy at breda , had been so happy an instrument to end the first unfortunate war with holland , should now be made the toole of a second , and of breaking that threefold cord , by which the interest of england and all christendom was fastned . and , what renders it more wretched , is , that no man better than he understood both the theory and practick of honour ; and yet , cold in so eminent an instance , forget it . all which can be said in his excuse , is , that upon his return he was for this service made secretary of state ( as if to have remained the same honest gentleman , had not been more necessary and lesse dishonourable ) sir william lockyard and several others were dispatched to other courts upon the like errand . all things were thus farre well disposed here toward a war with holland : only all this while there wanted a quarrel , and to pick one required much invention . for the ducth although there was a si quis to find out complaints , and our east india company was summoned to know whether they had any thing to object against them , had so punctually complyed with all the conditions of the peace at breda , and observed his majesty with such respect ( and in paying the due honour of the flagg particulary as it was agreed in the th . article ) that nothing could be alleadged : and as to the tripple league , their fleet was then out , riding near their own coasts , in prosecuting of the ends of that treaty . therefore , to try a new experiment and to make a case which had never before happened or been imagined , a sorry yatch , but bearing the english jack , in august . sailes into the midst of their fleet , singled out the admyral , shooting twice , as they call it , sharpe upon him . which must sure have appeared as ridiculous , and unnatural as for a larke to dare the hobby . neverthelesse their commander in chief , in diference to his majestys colours , and in consideration of the amity betwixt the two nations , payed our admiral of the yatch a visit , to know the reason ; and learning that it was because he and his whole fleet had failed to strike saile to his small-craft , the dutch commander civilly excused it as a matter of the first instance , and in which he could have no instructions , therefore proper to be referred to their masters , and so they parted . the yatch having thus acquitted it self , returned , fraught with the quarrel she was sent for , which yet was for several months passed over here in silence without any complaint or demand of satisfaction , but to be improved afterwards when occasion grew riper . forthere was yet one thing more to be done at home to make us more capable of what was shortly after to be executed on our neighbours . the exohequer had now for some years by excessive gain decoy'd in the wealthy goldsmiths , and they the rest of the nation by due payment of interest , till the king was run ( upon what account i know not ) into debt of above two millions : which served for one of the pretences in my lord keepers speech above recited , to demand and grant the late supplies , and might have sufficed for that work , with peace and any tolerable good husbandry . but as if it had been perfidious to apply them to any one of the purposes declared ) it was instead of payment privately resolved to shut up the exchequer , least any part of the money should be legally expended , but that all might be appropriate to the holy war in project , and those further pious uses to which the conspirators had dedicated it . this affair was carried on with all the secresy of so great statesmen , that they might not by venting it unseasonably spoile the wit and malice of the business . so that all on the suddain , upon the first of january , to the great astonishment , ruine and despaire of so many interested persons , and to the terrour of the whole nation , by so arbitrary a fact , the proclamation issued whereby the crown , amid'st the confluence of so vast aides and revenue , published it self bankrupt , made prize of the subject , and broke all faith and contract at home in order to the breaking of them abroad with more advantage . there remained nothing now but that the conspirators , after this exploit upon our own countrymen , should manifest their impartiallity to forainers , and avoid on both sides the reproach of injustice by their equality in the distribution . they had now started the dispute about the flag upon occasion of the yatch , and begun the discourse of surinam , and somwhat of pictures and medalls , but they handled these matters so nicely as men not lesse afraid of receiving all satisfaction therein from the hollanders , then of giving them any umbrage of arming against them upon those pretenses . the dutch therefore , not being conscious to themselves of any provocation given to england , but of their readinesse , if there had been any , to repair it , and relying upon that faith of treatyes and alliances with us , which hath been thought sufficient security , not only amongst christians but even with infidels , pursued their traffick and navigation thorow our seas without the least suspicion . and accordingly a great and rich fleet of merchantmen from smyrna and spain , were on their voyage homeward near the isle of wight , under a small convoy of five or six of their men of war. this was the fleet in contemplation of which the ( conspirators had so long deferred the war to plunder them in peace ; the wealth of this was that which by its weight turned the ballance of all publick justice and honour ; with this treasure they imagined themselves in stock for all the wickednesse of which they were capable , and that they should never , after this addition , stand in need again or fear of a parliament . therefore they had with great stilnesse and expidition equipped early in the year , so many of the kings ships as might without jealousy of the number , yet be of competent strength for the intended action , but if any thing should chance to be wanting , they thought it abundantly supplyed by virtue of the commander . for sir robert holmes had with the like number of ships in the year , even so timely , commenced the first hostility against holand , in time of peace ; seizing upon cape verde , and other of the dutch-forts on the coast of guiny , and the whole nevv nether-lands , with great success : in defence of which conquests , the english undertook , , the first war against holand . and in that same war , he with a proportionable squadron signalized himself by burning the dutch ships and village of brandaris at schelling , which was unfortunately revenged upon us at chatham . so that he was pitched upon as the person for understanding , experience and courage , fittest for a design of this or any higher nature ; and upon the th . of march , . as they sailed on , to the number of vessells in all , whereof six the convoy ; near our coast , he fell in upon them with his accustomed bravery , and could not have failed of giving a good account of them , would he but have joyned fortunes , sr. edvvard spraggs asistance to his own conduct : for sr. edvvard was in sight at the same time with his squadron , and captaine legg making saile towards him , to acquaint him with the design , till called back by a gun from his admirall , of which severall persons have had their conjectures . possibly sr. robert holmes , considering that sr. edvvard had sailed all along in consort with the ducth in their voyage , and did but now return from bringing the pirates of algier to reason , thought him not so proper to ingage in this enterprise before he understood it better . but it is rather beleived to have proceeded partly from that jealousy ( which is usuall to marshal spirits , like sr. roberts ) of admitting a companion to share with him in the spoile of honour or profit ; and partly out of too strict a regard to preserve the secret of his commission . however , by this meanes the whole affair miscarried . for the merchant men themselves , and their little convoy did so bestir them , that sir robert , although he shifted his ship , fell foul on his best friends , and did all that was possible , unless he could have multiplied himself , and been every where , was forced to give it over , and all the prize that was gotten , sufficed not to pay the chirurgeons and carpenters . to descend to the very bottom of their hellish conspiracy , there was yet one step more ; that of religion . for so pious and just an action as sir robert holmes was imployed upon , could not be better accompanied than by the declaration of liberty of conscience ( unless they should have expected till he had found that pretious commodity in plundering the hoale of some amsterdam fly-boat ) accordingly , while he was trying his fortune in battle with the smyrna merchant-men , on the thirteenth and fourteenth of marcb , one thousand six hundred seventy tvvo , the indulgence was printing off here in all haste , and was published on the fifteenth , as a more proper means than fasting and prayer for propitiating heaven to give success to his enterprise , and to the war that must second it . hereby , all the penal lavvs against papists , for which former parliaments had given so many supplies , and against nonconformists , for which this parliament had payd more largly , were at one instant suspended , in order to defraud the nation of all that religion which they had so dearly purchased , and for which they ought at least , the bargain being broke , to have been re-imbursed . there is , i confess , a measure to be taken in those things , and it is indeed to the great reproach of humane wisdom , that no man has for so many ages been able or willing to find out the due temper of government in divine matters . for it appears at the first sight , that men ought to enjoy the same propriety and protection in their consciences , which they have in their lives , liberties , and estates : but that to take away these in penalty for the other , is meerly a more legal and gentile way of padding upon the road of heaven , and that it is only for want of money and for want of religion that men take those desperate courses . nor can it be denied that the original lavv upon which christianity at the first was founded , does indeed expresly provide against all such severity . and it was by the humility , meekness , love , forbearance and patience which were part of that excellent doctrine , that it became at last the universal religion , and can no more by any other meanes be preserved , than it is possible for another soul to animate the same body . but , with shame be it spoken , the spartans obliging themselves to lycargus his laws , till he should come back again , continued under his most rigid discipline , above twice as long as the christians did endure under the gentelest of all institutions , though with far more certainty expecting the return of their divine legislater insomuch that it is no great adventure to say , that the world was better ordered under the antient monarchies and commonvvealths , that the number of virtuous men was then greater , and that the christians found fairer quarter under those , than among themselves , nor hath there any advantage acrued unto mankind from that most perfect and practical moddel of humane society , except the speculation of a better way to future happiness , concerning which the very guides disagree , and of those few that follow , it will suffer no man to pass without paying at their turn-pikes . all which had proceeded from no other reason , but that men in stead of squaring their governments by the rule of christianity , have shaped christianity by the measures of their government , have reduced that streight line by the crooked , and bungling divine and humane things together , have been alwayes hacking and hewing one another , to frame an irregular figure of political incongruity . for wheresoever either the magistrate , or the clergy , or the people could gratify their ambition , their profit , or their phanfie by a text improved or misapplied , that they made use of though against the consent sense and immutable precepts of scipture , and because obedience for conscience sake was there prescribed , the lesse conscience did men make in commanding ; so that several nations have little else to shew for their christiainity ( which requires instruction only and example ) but a pracell of sever laws concerning opinion or about the modes of worship , not so much in order to the power of religion as over it . neverthelesse because mankind must be governed some way and be held up to one law or other , either of christs or their own making , the vigour of such humane constitutions is to be preserved untill the same authority shall upon better reason revoke them ; and as in the mean time no private man may without the guilt of sedition or rebellion resist , so neither by the nature of the english foundation can any publick person suspend them without committing an errour which is not the lesse for wanting a legall name to expresse it . but it was the master-peice therefore of boldnesse and contrivance in these conspiratours to issue this declaration , and it is hard to say wherein they took the greater felicity , whither in suspending hereby all the statutes against popery , that it might thence forward passe like current money over the nation , and no man dare to refuse it , or whether gaining by this a president to suspend as well all other laws that respect the subjects propriety , and by the same power to abrogate and at last inact what they pleased , till there should be no further use for the consent of the people in parliament . having been thus true to their great designe and made so considerable a progresse , they advanced with all expedition . it was now high time to declare the war , after they had begun it ; and therefore by a manifesto of the seventeenth of march , the pretended causes were made publich which were , the not having vailed bonnet to the english yatch : though the duch had all along , both at home and here as carefully endevoured to give , as the english minestrs to avoid the receiving of all satisfaction , or letting them understand what would do it , and the council clock was on purpose set forward lest , their utmost compliance in the flag at the hour appointed , should prevent the declaration of war by some minuts . the detaining of some few english families ( by their own consent ) in surynam after the dominion of it was by treaty surrendred up to the hollander , in which they had likewise constantly yielded to the unreasonable demands that were from one time to another extended from hence to make the thing impracticable , till even banister himself , that had been imployed as the agent and contriver of this misunderstanding , could not at the last forbear to cry shame of it . and moreover to fill up the measure of the dutch iniquity , they are accused of pillars , medalls , and pictures : a poet indeed , by a dash of his pen , having once been the cause of a warre against poland ; but this certainely was the first time that ever a painter could by a stroke of his pencill occasion the breach of a treaty . but considering the weaknesse and invalidity of those other allegations , these indeed were not unnecessary , the pillars to adde strength , the meddalls weight , and the pictures colour to their reasons . but herein they had however observed faith with france though on all other sides broken , having capitulated to be the first that should do it . which as it was no small peice of french courtesey in so important an action to yield the english the precedence , so was it on the english part as great a bravery in accepting to be the formost to discompose the state of all christendom , and make themselves principal to all the horrid destruction , devastation , ravage and slaughter , which from that fatal seventeenth of march , one thousand six hundred seventy tvvo , has to this very day continued . but that which was most admirable in the winding up of this declaration , was to behold these words , and vvhereas vve are engaged by a treaty to support the peace made at aix la chapelle ; we do finally declare , that , notvvithstanding thé prosecution of this war , we vvill maintain the true intent and scope of the said treaty , and that , in all alliances , vvhich we have , or shall make in the progress of this war , vve have , and vvill take care , to preserve the ends thereof inviolable , unless provoked to the contrary . and yet it is as clear as the sun , that the french had by that treaty of aix la chapelle , agreed to acquiess in their former conquests in flanders , and that the english , svvede and hollander , were reciprocally bound to be aiding against whomsoever should disturbe that regulation , ( besides the league offensive and defensive , which his majesty had entered into with the states general of the united provinces ) all which was by this conjunction with france to be broken in pieces . so that what is here declared , if it were reconcileable to truth , yet could not consist with possibility ( which two do seldom break company ) unless by one only expedient , that the english , who by this new league with france , were to be the infractors and aggressors of the peace of aix la chapelle ( and with holland ) should to fulfill their obligations to both parties , have sheathed the sword in our own bowels . but such was the zeal of the conspirators , that it might easily transport them either to say what was untrue , or undertake what was impossible , for the french service . that king having seen the english thus engaged beyond a retreat , comes now into the war according to agreement . but he was more generous and monarchal than to assign cause , true or false , for his actions . he therefore , on the th . of march , publishes a declaration of war without any reasons . only , the ill satisfaction vvhich his majesty hath of the behaviour of the states general tovvards him , being risen to that degree , that he can no longer , vvithout diminution to his glory dissemble his indignation against them , &c. therefore he hath resolved to make war against them both by sea and land , &c. and commands all his subjects , courir sus , upon the hollauders , ( a metaphor which , out of respect to his own nation , might have been spared ) for such is our pleasure . was ever in any age or nation of the world , the sword drawn upon no better allegation ? a stile so far from being most christian , that nothing but some vain french romance can parallel or justify the expression . how happy were it could we once arrive at the same pitch , and how much credit and labour had been saved , had the compilers of our declaration , in stead of the mean english way of giving reasons , contented themselves with that of the diminution of the english honour , as the french of his glory ! but nevertheless , by his embassador to the pope , he gave afterwards a more clear account of his conjunction with the english , and that he had not undertaken this war , against the hollanders , but for extirpating of heresie . to the emperour , that the hollanders were a people who had forsaken god , were hereticks , and that all good christians were in duty bound to associate for their extiapation , and ought to pray to god for a blessing upon so pious an enterprise . and to other popish princes , that it was a war of religion and in order to the propagation of the catholick faith. and in the second article of his demands afterward from the hollanders , it is in express words contained , that from thenceforvvard there shall be not only an intire liberty , but a publick exercise of the catholick apostolick romane religion throughout all the united provinces . so that vvheresoever there shall be more than one-church , another shall be given to the catholicks . that vvhere there is none , they shall be permitted to build one : and till that be finished , to exercise their divine service publickly in such houses as they shall buy , or hire for that purpose . that the states general , or each province in particular , shall appoint a reasonable salary for a curate or priest in each of the said churches , out of such revenues as have formerly appertained to the church , or othervvise . which was conformable to what he published now abroad , that he had entered into the war only for gods glory ; and that he would lay down armes streightwayes , would the hollanders but restore the true worship in their dominions . but he made indeed twelve demands more , and notwithstanding all this devotion , the article of commerce , and for revoking their placaets against wine , brandy , and french manufactures was the first , and tooke place of the catholick apostolick romane religion , whether all these were therefore onely words of course , and to be held or let lose according to his occasions , will better appeare when we shall have heard that he still insists upon the same at nimegen , and that , although deprived of our assistance , he will not yet agree with the dutch but upon the termes of restoring the true worship . but , whatever he were , it is evident that the english were sincere and in good earnest in the design of popery ; both by that declaration above mentioned of indulgence to the recusants , and by the negotiation of those of the english plenipotentiaryes ( whom for their honour i name not ) that being in that year sent into holland pressed that article among the rest upon them , as without which they could have no hope of peace with england . and the whole processe of affaires will manifest further that booth here and there it was all of a piece , as to the project of religion and the same threed ran throw the web of the english and french counsells , no lesse in relation to that , then unto government . although the issuing of the french kings declaration and the sending of our english plenipotentiaries into holland be involved together in this last period , yet the difference of time was so small that the anticipation is inconsiderable . for having declared the vvarre but on the th of march , . he struck so home and followed his blow so close , that by july following , it seemed that holland could no longer stand him , but that the swiftnesse and force of his motion was something supernatural . and it was thought necessary to send over those plenipotentiaries , if not for interest yet at least for curiosity . but it is easier to find the markes than reasons of some mens actions , and he that does only know what happened before , and what after , might perhaps wrong them by searching for further intelligence . so it was , that the english and french navies being joyned , were upon the tvventieighth of may , one thousand six hundred seventy tvvo , attaqued in soule bay by de ruyter , with too great advantage . for while his royal highness , then admiral , did all that could be expected , but monsieur d' estree , that commanded the french , did all that he was sent for , our english vice-admiral , mountague , was sacrificed ; and the rest of our fleet so mangled , that there was no occasion to boast of victory . so that being here still on the losing hand , 't was fit some body should look to the betts on the other side of the water ; least that great and lucky gamster , when he had won all there , and stood no longer in need of the conspirators , should pay them with a quarrel for his mony , and their ill fortune . yet were they not conscious to themselves of having given him by any behaviour of theirs , any cause of dissatisfaction , but that they had dealt with him in all things most frankly , that , notwithstanding all the expressions in my lord keeper bridgmans speech , of the treaty betvveen france and his majesty concerning commerce , vvherein his majesty vvill have a singular regard to the honour and also to the trade of this nation , and notwithstanding the intollerable oppressions upon the english traffick in france ever since the kings restauration , they had not in all that time made one step towards a treaty of commerce or navigation with him ; no not even now when the english were so necessary to him , that he could not have begun this war without them , and might probably therefore in this conjuncture have condescended to some equality . but they knew how tender that king was on that point , and to preserve and encrease the trade of his subjects , and that it was by the diminution of that beam of his glory , that the hollanders had raised his indignation . the conspirators had therefore , the more to gratify him , made it their constant maxime , to burden the english merchant here with one hand , while the french should load them no less with the other , in his teritories ; which was a parity of trade indeed , though something an extravagant one , but the best that could be hoped from the prudence and integrity of our states-men ; insomuch , that when the merchants have at any time come down from london to represent their grievances from the french , to seek redress , or offer their humble advi●…e , they were hector'd , brow-beaten , ridiculed , and might have found fairer audience even from monsieur colbert . they knew moreover , that as in the matter of commerce , so they had more obliged him in this war. that except the irresistable bounties of so great a prince in their own particular , and a frugal subsistance-money for the fleet , they had put him to no charges , but the english navy royal serv'd him , like so many privateers , no purchase , no pay. that in all things they had acted with him upon the most abstracted principles of generosity . they had tyed him to no terms , had demanded no partition of conquests , had made no humane condition ; but had sold all to him for those two pearls of price , the true worship , and the true government : which disinteressed proceeding of theirs , though suited to forraine magnanimity , yet , should we still lose at sea , as we had hitherto , and the french conquer all at land , as it was in prospect , might at one time or other breed some difficulty in answering for it to the king and kingdom : however this were , it had so hapned before the arrival of the plenipotentiaries , that , whereas here in england , all that brought applycations from holland were treated as spies and enemies , till the french king should signify his pleasure ; he on the contrary , without any communication here , had received addresses from the dutch plenipotentiaries , and given in to them the sum of his demands ( not once mentioning his majesty or his interest , which indeed he could not have done unless for mockery , having demanded all for himself , so that there was no place left to have made the english any satisfaction ) and the french ministers therefore did very candidly acquaint those of holland , that , upon their accepting those articles , there should be a firm peace , and amity restored : but as for england , the states , their masters , might use their discretion , for that france was not obliged by any treaty to procure their advantage . this manner of dealing might probably have animated , as it did warrant the english plenipotentiaries , had they been as full of resolution as of power , to have closed with the dutch , who , out of aversion to the french , and their intollerable demands , were ready to have thrown themselves into his majesties armes , or at his feet , upon any reasonable conditions ; but it wrought clean otherwise : for , those of the english plenipotentiaries , who were , it seems , intrusted with a fuller authority , and the deeper secret , gave in also the english demands to the hollanders , consisting in eight articles , but at last the ninth saith , although his majesty contents himself vvith the foregoing conditions , so that they be accepted vvithin ten dayes , after vvhich his majesty understands himself to be no further obliged by them . he declares nevertheless precisely , that albeit they should all of them be granted by the said states , yet they shall be of no force , nor vvill his majesty ma●…e any treaty of peace or truce , unless the most christian king shall have received satisfastion from the said states in his particular . and by this means they made it impossible for the dutch , however desirous , to comply with england , excluded us from more advantagious terms , than we could at any other time hope for , and deprived us of an honest , and honourable evasion out of so pernicious a war , and from a more dangerous alliance . so that now it appeared by what was done that the conspirtors securing their own fears at the price of the publick interest , and safety , had bound us up more strait then ever , by a new treaty , to the french project . the rest of this year passed with great successe to the french , but none to the english. and therefore the hopes upon which the war was begun , of the smyrna and spanish fleet , and dutch prizes , being vanished , the slender allowance from the french not sufficing to defray it , and the ordinary revenue of the king , with all the former aides being ( as was fit to be believed ) in lesse then one years time exhausted , the parliament by the conspirators good leave , was admitted again to sit at the day appointed , the th . of february . the warr was then first communicated to them , and the causes , the necessity , the danger , so well painted out , that the dutch abusive historical pictures , and false medalls ( which were not forgot to be mentioned ) could not be better imitated or revenged , onely , there was one great omission of their false pillars , which upheld the whole fabrick of the england declarations ; upon this signification , the house of commons ( who had never failed the crown hitherto upon any occosion of mutual gratuity ) did now also , though in a warre contrary to former usuage , begun without their advice , readily vote , no less a summe than l. but for better colour , and least they should own in words , what they did in effect , they would not say it was for the warre , but for the kings extraordinary occasions . and because the nation began now to be aware of the more true causes , for which the warre had been undertaken , they prepared an act before the money-bill slipt thorrow their fingers , by which the papists were obliged , to pass thorow a new state purgatory , to be capable of any publick imployment ; whereby the house of commons , who seem to have all the great offices of the kingdom in reversion , could not but expect some wind-falls . upon this occasion it was , that the earl of shaftsbury , though then lord chancellour of england , yet , engaged so far in defence of that act , and of the protestant religion , that in due time it cost him his place , and was the first moving cause of all those misadventures , and obloquy , which since he lyes ( above , not ) under . the declaration also of indulgence was questioned , which , though his majesty had out of his princely , and gracious inclination , and the memory of some former obligations , granted , yet upon their representation of the inconveniencies , and at their humble request , he was pleased to cancel , and declare , that it should be no president for the future : for otherwise some succeeding governour , by his single power suspending penal laws , in a favourable matter , as that is of religion , might become more dangerous to the government , than either papists or fanaticks , and make us either , when he pleased : so legal was it in this session to distinguish between the king of englands personal , and his parliamentary authority . but therefore the further sitting being grown very uneasie to those , who had undertaken for the change of religion , and government , they procured the recess so much sooner , and a bill sent up by the commons in favour of dissenting protestants , not having passed thorow the lords preparation , the bill concerning papists , was enacted in exchange for the money , by which the conspiraiors , when it came into their management , hoped to frustrate , yet , the effect of the former . so the parliament was dismissed till the tvventy seventh of october , one thousand six hundred seventy three . in the mean time therefore they strove with all their might to regain by the vvar , that part of their design , which they had lost by parliament ; and though several honourably forsook their places rather than their consciences , yet there was never wanting some double-dyed son of our church , some protestant in grain , to succeed upon the same conditions . and the difference was no more , but that their offices , or however their counsels , were now to be administred by their deputies , such as they could confide in . the business of the land army was vigourously carried on , in appearance to have made some descent in holland , but though the regiments were compleated and kept imbodyed , it wanted effect , and therefore gave cause of sufpition : the rather , because no englishman , among so many well-disposed , and qualified for the work , had been thought capable , or fit to be trusted with chief command of those forces , but that monsieur schomberg a french protestant , had been made general , and collonel fitsgerald , an irish papist , major general , as more proper for the secret ; the first of advancing the french government , the second of promoting the irish religion . and therefore the dark hovering of that army so long at black-hearth , might not improbably seem the gatherings of a storm to fall upon london ; but the ill successes which our fleet met withall this year , also , at sea , were sufficient , had there been any such design at home to have quasht it : for such gallantries are not to be attempted , but in the highest raptures of fortune . there were three several engagements of ours against the dutch navy in this one summer , but while nothing was tenable at land , against the french , it seem'd that to us at sea every thing was impregnable ; which is not to be attributed to the want of courage or conduct , either the former year under the command of his royal highness , so great a souldier , or this year under the prince , robert ; but is rather to be imputed to our unlucky conjunction with the french , like the disasters that happen to men by being in ill company . but besides it was manifest that in all these wars , the french ment nothing less than really to assist us : he had first practised the same art at sea , when he was in league with the hollander against us , his navy never having done them any service , for his business was only to see us batter one another . and now he was on the english side , he only studied to sound our seas , to spy our ports , to learn our building , to contemplate our way of fight , to consume ours , and preserve his own navy , to encrease his commerce , and to order all so , that the two great naval powers of europe , being crushed together , he might remain sole arbitrator of the ocean , and by consequence master of all the isles and continent . to which purposes the conspirators furnished him all possible opportunities . therefore it was that monsieur d' estree , though a person otherwise of tryed courage and prudence , yet never did worse than in the third and last engagement ; and because brave monsieur d' martel did better , and could not endure a thing that looked like cowardise or treachery , though for the service of his monarch , commanded him in , rated him , and at his return home he was , as then was reported , discountenanced and dismissed from his command , for no other crime , but his breaking of the french measures , by adventuring one of those sacred shipps in the english , or , rather his own masters quarrel . his royal highnesse ( by whose having quitted the admiralty , the sea service thrived not the better ) was now intent upon his marrige , at the same time the parliament was to reassemble the th of october . the princesse of modena , his consort , being upon the way for england , and that businesse seemed to have passed all impediment . nor were the conspirators who ( to use the french phrase ) made a considerable figure in the government , wholly averse to the parliaments meeting : for if the house of commons had after one years unfortunate war , made so vast a present to his majesty of l. but the last february , it seemed the argument would now be more pressing upon them , that by how much the ill sucesses , of this year had been greater , they ought therefore to give a yet more liberal donative . and the conspirators as to their own particular reckoned , that while the nation was under the more distresse and hurry they were themselves safer from parliament , by the publick calamity . a supply therefore was demanded with much more importunity , and assurance then ever before , and that it should be a large one and a speedy : they were told that it was now pro aris & focis , all was at stake , and yet besides all this , the payment of the debt to the banckers upon shutting the exchequer was very civilly recommended to them . and they were assured that his majesty would be constantly ready to give them all proofes of his zeal for the true religion and the laws of the realm , upon all occasions : but the house of commons not having been sufficiently prepared for such demands , nor well satisfied in several matters of fact , which appeared contrary to what was represented , took check ; and first interposed in that tender point of his royall highuesse's match , although she was of his own religion , which is a redoubled sort of marriage , or the more spiritual part of its happynesse . besides , that she had been already solemnly married by the dukes proxcy , so that unlesse the parliament had been pope and calmed a power of dispensation , it was now too late to avoide it . his majesty by a short prorogation of six days , when he understood their intention , gave them opportunity to have disisted : but it seems they judged the national jnterest of religion so farre concerned in this matter , that they no sooner meet again , but they drew up a second request by way of addresse to his majesty with their reasons against it . that for his royal highnesse to marry the princesse of modena , or any other of that religion , had very dangerous consequences : that the mindes of his majesties protestant subjects will be much disquieted , thereby filled with infinite discontents , and jealousies . that his majesty would thereby be linked into such a foraine alliance , which will be of great disadvantage and possibly to the ruine of the protestant religion . that they have found by sad experience how such mariages have always increased popery , and incorraged priests and jesuits to prevert his majesties subjects : that the popish party already lift up their heads in hopes of his marriage : that they fear it may diminish the affection of the people toward his royal highnesse , who is by blood so near related to the crown : that it is now more then one age , that the subjects have lived in continual apprehensions of the increase of popery , and the decay of the protestant religion : finally that she having many kindred and relations in the court of rome , by this means their enterprises here might be facilitated , they might pierce into the most secret counsells of his majesty , and discover the state of the realm . that the most learned men are of opinion , that marriages no further proceeded in , may lawfully be dissolved : and therefore they beseech his majesty to annul the consummation of it , and the rather , because they have not yet the happiness to see any of his majestyes own lineage to succeed in his kingdomes . these reasons , which were extended more amply against his royal highnesses marriage , obtained more weight , because most men are apt to judge of things by circumstances , and to attribute what happens by the conjuncture of times , to the effect of contrivance . so that it was not difficult to interpret what was in his royal highness , an ingagement only of honour , and affection , as proceeding from the conspirators counsels , seeing it made so much to their purpose . but the business was too far advanced to retreat , as his majesty with great reason had replyed , to their former address , the marriage having been celebrated already , and confirmed by his royal authority , and the house of commons though sitting when the duke was in a treaty for the arch dutchess of inspruck , one of the same religion , yet having taken no notice of it . therefore while they pursued the matter thus , by a second address , it seemed an easier thing , and more decent , to prorogue the parliament , than to dissolve the marriage . and , which might more incline his majesty to this resolution , the house of commons had now bound themselves up by a vote that having considered the present state of the nation , they would not take into deliberation , nor have any further debate upon any other proposals of aide , or any surcharge upon the subject , before the payment of the tvvelve hundred and fifty thousand pounds , in eighteen months , which was last granted , were expired , or at least till they should evidently see that the obstinacy of the hollanders should oblige them to the contrary , nor till after the kingdom should be effectually secured against the dangers of popery , and popish counsellours , and that order be taken against other present misdemeanours . there was yet another thing , the land-army , which appearing to them expensive , needless , and terrible to the people , they addressed to his majesty also , that they might be disbanded . all which things put together , his majesty was induced to prorogue the parliament again for a short time , till the seventh of january , one thousand six hundred seventy three : that in the mean while the princess of modena arriving , the marriage might be consummated without further interruption . that session was opened with a large deduction also , by the new lord keeper , this being his first experiment , in the lords house of his eloquence and veracity , of the hollanders averseness to peace or reason , and their uncivil and indirect dealing in all overtures of treaty with his majesty , and a demand was made therefore and re-inforced as formerly , of a proportionable and speedy supply . but the hollanders that had found themselves obstructed alwayes hitherto , and in a manner excluded from all applications , and that whatever means they had used was still mis-interpreted , and ill represented , were so industrious , as by this time ( which was perhaps the greatest part of their crime ) to have undeceived the generallity of the nation in those particulars . the house of commons therefore not doubting , but that if they held their hands in matter of money , a peace would in due time follow , grew troublesome rather to several of the great ministers of state , whom they suspected to have been principal in the late pernicious counsels . but instead of the way of impeachment , whereby the crimes might have been brought to examination , proof and judgment , they proceeded summarily within themselves , noting them only with an ill character , and requesting his majesty to remove them from his counsels , his presence , and their publick imployments . neither in that way of handling were they impartial . of the three which were questioned , the duke of buckingham seemed to have muoh the more favourable cause , but had the severest fortune . and this whole matter not having been mannaged in the solemn methods of national justice , but transmitted to his majesty , it was easily changed into a court intrigue , where though it be a modern maxime , that no state minister ought to be punished , but , especially not upon parliamentary applications . yet other offenders thought it of security to themselves , in a time of publick discontent , to have one man sacrisiced , and so the duke of buckingham having worse enemies , and as it chanced worse friends , than the rest , was after all his services abandoned , they having only heard the sound , while he felt all the smart of that lash from the house of commons . but he was so far a gainer , that with the loss of his offices , and dependance , he was restored to the freedom of his own spirit , to give thence-forward those admirable 〈◊〉 〈◊〉 the vigour , and vivacity of his better judgment , 〈◊〉 〈◊〉 , though to his own imprisonment , the due li●… of the english nation . 〈◊〉 manner of proceeding in the house of commons , 〈◊〉 a new way of negotiating the peace with holland , but the ●…ost effectual ; the conspirators living all the while under continual apprensions of being called to further account for their actions , and no mony appearing , which would either have prepetuated the war , or might , in case of a pea●…e , be misapplied , to other uses , then the building of ships , insinuated by the lord keeper . the hollanders proposalls , by this means , therefore , began to be thought more reasonable , and the marquis del fresno , the spanish minister in this court , labourd so well , that his majesty thought fit to communicate the overture to both houses , and though their advice had not been asked to the war , yet not to make the peace without it . there was not much difficulty in their resolutions . for the generall bent of the nation was against the war , the french now had by their ill behaviour at sea , in all the engagements , raised also the english indignation , their pernicious counsels were visible in their book of the politique francoise , tending by frequent levyes of men , and mony , to exhaust , and weaken our kingdome , and by their conjuction with us , on set purpose , to raise , betwixt the king and his people , a rationall jealousy of popery , and french government , till we should insensibly devolve into them by inclination or necessity : as men of ill conversation , pin themselves maliciously on persons more sober , that if they can no otherwise debauch them , they may blast their reputation by their society , and so oblige them to theirs ; being suspected by better company . besides all which the very reason of traffick which hath been so long neglected by our greater statesmen was now of some consideration , for as much as by a peace with the hollander the greatest part of the trade and navigation of europe as long as the french king disturbed it , would of course fall into the english management . the houses therefore gave their humble advice to his majesty for a just and honorable peace with the states generall , which when it could be no longer resisted , was concluded . in the seventh article of this treaty it is said . that the treaty vvhich vvas made at breda in the yeare , as also all the others vvhich are by this present treaty confirmed , shall by the present be renevved , and shall continue in their full force and vigour , as far as they shall not be contrary unto this said present treaty . which words are the more to be taken notice of , that they may be compared afterwards with the effects that follow , to see how well on the english part that agreement hath been observed . the businesse of the peace thus being once over , and this parliament still lowring upon the ministers of state , or bogling at the land forces ( whereof the eight new raised regiments were upon the request of the commons at last disbanded ) or imployed in further bills against popery , and for the education , and protestant marriage henceforward of those of the royal family ; the necessity of their further sitting seemed not so urgent , but that they might have a repose till the tenth of november . following . the conspirators had hitherto failed of the accomplishing their design , by prepetual disappointments , and which was most grievous to them , foresaw , that the want of mony would still necessitate the frequent sitting of parliament , which danger they had hop'd long ere this to have conquer'd in this state of their affaires the french king therefore was by no meanes to be further disobliged , he being the master of their secret , and the only person which if they helped him at this plunge , might yet carry them thorow . they were therefore very diligent to profit themselves of all the advantages to this purpose that their present posture could afford them . they knew that his majesty being now disengaged from war , would of his royall prudence interpose for peace by his mediation , it being the most glorious character that any prince can assume ; and for which he was the more proper , as being the most potent , thereby to give the sway , and the most disintressed whereby to give the equity requisite to such a negotiation ; and the most obliged in honour , as having been the occasion by an unforeseen consequence of drawing the sword of all this part of europe . but if they feared any propension in his majesty to one party it was toward spaine , as knowing how that crowne ( as it is at large recited , and acknowledged , in the preamble of the last treaty between england and holland had been the only instrument of the happy peace which after that pernicious war we now injoyed . therefore they were resolved by all their influence , and industry ( though the profit of the war did now wholly , redown to the english nation , and however in case of peace it was our interest , that if any , france should be depressed to any equality , to labour that by this mediation france might be the onely gainer , and having all quiet about him , might be at perfect leisure to attend their project upon england . and one of these our statesmen being pressed , solved all arguments to the contrary with an oraculous french question faut il que tout se fasse par politique , rien par amitie ? must all things be done by maxims or reasons of state ; nothing for affection ? therefore that such an absurdity as the ordering of affairs abroad , according to the interest of our nation might be avoided , the english , sbotch and irish regiments , that were already in the french service , were not only to be kept in their full complement , but new numbers of souldiers daily transported thither , making up in all , as is related , at least a constant body of ten thousand men , of his majesties subjects , and which oftentimes turned the fortune of battle on the french side by their valour . how far this either consisted with the office of a mediatour , or how consonant it was to the seventh article above mentioned , of the last treaty with holland ; it is for them to demonstrate who were the authors . but it was indeed a good way to train up an army , under the french discipline and principles , who might be ready seasoned upon occasion in england , to be called back and execute the same counsels . in the mean time , they would be trying yet what they could do at home . for the late proceedings of parliament , in quashing the indulgence , in questioning ministers of state , in bills against popery , in not granting money whensoever asked , were crimes not to be forgiven , nor ( however the conspirators had provided for themselves ) named in the act of general pardon . they began therefore after fifteen years to remember that there were such a sort of men in england as the old cavalier party ; and reckoned , that by how much the more generous , they were more credulous than others , and so more fit to be a gain abused . these were told , that all was at stake , church and state ( how truly said ! but meant , how falsly ! ) that the nation was running again into fourty one , that this was the time to refresh their antient merit , and receive the recompence double of all their loyalty , and that hence-forward the cavaliers should have the lottery of all the great or small offices in the kingdom , and not so much as sir joseph williamson to have a share in it . by this meanes they indeed designed to have raised a civil war , for which they had all along provided , by new forts , and standing forces , and to which they had on purpose both in england and scotland given all provocation if it would have been taken , that so they might have a rase campagne of religion , government , and propriety : or they hoped at least by this means to fright the one party , and incourage the other , to give hence forward money at pleasure , and that money on what title soever granted , with what stamp coyned , might be melted down for any other service or uses . but there could not have been a greater affront and indignity offerred to those gentlemen ( and the best did so resent it ) then whether these hopes were reall , to think them men that might be hired to any base action , or whether as hitherto but imaginary , that by erecting the late kings statue that whole party might be rewarded in effigie . while these things were upon the anvill the tenth of november was come for the parliaments sitting , but that was put of till the th . of april . and in the mean time , which fell out most opportune for the conspirators , these counsells were matured , and something further to be contrived , that was yet wanting : the parliament accordingly meeting , and the house of lords , as well as that of the commons , being in deliberation of severall wholesome bills , such as the , present state of the nation required the great design came out in a bill unexpectedly offered one morning in the house of lords , whereby all such as injoyed any beneficiall office , or imployment , ecclesiastical , civill , or military , to which was added , privy counsellours , justices of the peace , and members of parliament , were under a penalty to take the oath , and make the declaration , and abhorrence , insuing , i a. b. do declare , that it is not lavvful upon any pretence vvhatsoever to take up armes against the king , and that i do abhorre that traiterous position , of taking armes by his authority against his person , or against those that are commissioned by him in pursuance of such commission . and i do svvear , that i vvill not at any time indeavour the alteration of the government either in church or state. so help me god. this same oath had been brought into the house of commons in the plague year at oxford , to have been imposed upon the nation , but there , by the assistance of those very same persons , that now introduce it , t was thrown out , for fear of a general infection of the vitales of this kingdome : and though it passed then in a particular bill , known by the name of the five-mile act , because it only concerned the non-conformist preachers , yet even in that , it was throughly opposed by the late earle of southampton , whose judgement might well have been reckoned for the standard of prudence and loyalty . it was indeed happily said , by the lord keeper , in the opening of this session , no influences of the starrs , no configuration of the heavens , are to be feared , so long as these tvvo houses stand in a good disposition to each other , and both of them in a happy conjunction , vvith their lord and soveraign . but if he had so early this act in his prospect , the same astrology might have taught him , that there is nothing more portentous , and of worse omen , then when such an oath hangs over a nation , like a new comet forboding the alteration of religion , or government : such was the holy league in france in the reigne of henry the third . such in the time of philip the second , the oath in the netherlands . and so the oaths in our late kings time taught the fanaticks , because they could not swear , yet to covenant . such things therefore are , if ever , not needlessely thought for good fortune sake only to be attempted , and when was there any thing lesse necessary ? no king of england had ever so great a treasure of this peoples affections except what those ill men have , as they have , done , all the rest , consumed ; whom but out of an excesse of love to his person , the kingdome would never ( for it never did formerly ) so long have suffered : the old acts of allegiance , and supremacy , were still in their full vigour , unlesse against the papists , and even against them too of late , whensoever the way was to be smoothed for a liberall session of parliament . and moreover to put the crown in full security , this parliament had by an act of theirs determined a question which the wisdome of their ancestors had never decided , that the king hath the sole power of the militia . and therefore my lord keeper did by his patronizing this oath , too grossely prevaricate , against two very good state maximes , in his harangue to the parliament , for which he had consulted not the astrologer , but the historian , advising them first , that they should not quieta movere , that is , said he , vvhen men stirre those things or questions vvhich are , and ought to be in peace . and secondly , that they should not res parvas magnis motibus agere : that is , saith he againe , vvhen as much vveight is laid upon a nevv and not alvvays necessary proposition as if the vvhole summe of affaires depended upon it . and this oath , it seems , was the little thing he meant of , being forsooth but a moderate security to the church and crovvn , as he called it , but which he and his party layd so much vveight on , as if the vvhole sum of affaires did depend upon it . but as to the quieta movere , or stirring of those things or questions which are and ought to be in peace , was not this so , of taking armes against the king upon any pretence whatsoever ? and was not that also in peace , of the trayterous position of taking armes by his authority against his person ? had not the three acts of corporations , of militia , and the five miles , sufficiently quieted it ? why was it further stirred ? but being stirred , it raises in mens thoughts many things more ; some les , others more to the purpose . sir walter tirrells arrow grazed upon the deer it was shot at , but by that chance kill'd king william rufus ; yet so far was it that sir walter should for that chance shot be adjudged of treason , that we do not perceive he underwent any other tryal like that of manslaughter : but which is more to the point , it were difficult to instance a law either in this or other country , but that a private man , if any king in christendom assault him , may , having retreated to the wall , stand upon his guard ; and therefore , if this matter as to a particular man be dubious , it was not so prudent to stirre it in the general , being so well setled . and as to all other things , though since lord chancellour , he havein his speech of the of feb. one thousand six hundred seveny six , said ( to testify his own abhorrency ) avvay vvith that ill meant distinstion betvveen the natural and the politique capacity . he is too well read to be ignorant that without that distinction there would be no law nor reason of law left in england ; to which end it was , and to put all out of doubt , that it is also required in this test , to declare mens abhorrency as of a traitorous position , to take armes against those that are commissioned by him , in pursuance of such commission ; and yet neither is the tenour , or rule , of any such commission specified , nor the qualification of those that shall be armed with such commissions , expressed or limited . never was so much sence contained in so few words . no conveyancer could ever in more compendious or binding terms have drawn a dissettlement of the whole birth-right of england . for as to the commission , if it be to take away any mans estate , or his life by force , yet it is the kings commission : or if the person commissionate , be under never so many dissabilities by acts of parliament , yet his taking this oath , removes all those incapacities , or his commission makes it not disputable . but if a man stand upon his defence , a good judge for the purpose , finding that the position is traitorous , will declare that by this law , he is to be executed for treason . these things are no nicetyes , or remote considerations ( though in making of laws , and which must come afterwards under construction of judges , durante bene-placito , all cases are to be put and imagined ) but there being an act in scotland for tvventy thousand men to march into england upon call , and so great a body of english souldery in france , within summons , besides what forainers may be obliged by treaty to furnish , and it being so fresh in memory , what sort of persons had lately been in commission among us , to which add the many bookes , then printed by licence , writ , some by men of the black , one of the green cloath , wherein the absoluteness of the english monarchy is against all law asserted . all these considerations put together , were sufficient to make any honest and well-advised man , to conceive indeed , that upon the passing of this oath and declaration , the vvhole sum of affaires depended . it grew therefore to the greatest contest , that has perhaps ever been in parliament , wherein those lords , that were against this oath , being assured of their own loyalty and merit , stood up now for the english liberties with the same genius , virtue and courage , that their noble ancestors had formerly defended the great charter of england , but with so much greater commendation , in that they had here a fairer field , and the more civil way of decision : they fought it out under all the disadvantages imaginable : they were overlaid by numbers , the noise of the house , like the vvind was against them , and if not the sun , the fire-side was allwayes in their faces ; nor being so few , could they , as their adversaries , withdraw to refresh themselves in a whole days ingagement : yet never was there a clearer demonstration how dull a thing is humane eloquence , and greatness , how little , when the bright truth discovers all things in their proper colours and dimensions , and shining shoots its beams thorow all their fallacies , it might be injurious where all of them did so excellently well , to attribute more to any one of those lords than another , unless because the duke of buckingham , and the earl of shaftsbury , have been the more reproached for this brave action , it be requisite by a double proportion of praise to set them two on equal terms with the rest of their companions in honour . the particular relation of this debate , which lasted many dayes with great eagerness on both sides , and the reasons but on one , was in the next session burnt by order of the lords , but the sparkes of it will eterually fly in their adversaries faces . now before this test could in so vigorous an opposition passe the house of peers , there arose unexpectedly a great controversy betwixt the two houses , concerning their priviledges on this occasion , the lords according to their undoubted right , being the supream court of judicature in the nation , had upon petition of doctor shirley , taken cognizance of a cause between him and sir john fagg , a member of the house of commons , and of other appeales from the court of chancery , which the commons , whether in good earnest , which i can hardly believe , or rather some crafty parliament men among them , having an eye upon the test , and to prevent the hazard of its coming among them , presently took hold of , and blew the coales to such a degree , that there was no quenching them . in the house of peers both partyes , as in a point of their own privilege , easily united , and were no lesse inflamed against the commons , and to uphold their own ancient jurisdiction ; wherein neverthelesse both the lords for the test , and those against it , had their own particular reasons , and might have accused each-other perhaps of some artifice ; the matter in conclusion was so husbanded on all sides , that any longer converse betwixt the two houses grew impracticable , and his majesty prorogued them therefore till the th of october , following : and in this manner that fatall test which had given so great disturbance to the mindes of our nation , dyed the second death which in the language of the divines , is as much as to say , it was damned . the house of commons had not in that session been wanting to vote l. towards the building of ships , and to draw a bill for appropriating the ancient tunnage and poundage , amounting to l. yearly to the use of the navy , as it ought in law already , and had been granted formerly upon that special trust and confidence , but neither did that l. although competent at present , and but an earnest for future meeting , seem considerable , and had it been more , yet that bill of appropriating any thing to its true use , was a sufficient cause to make them both miscarry , but upon pretense of the quarrel between the lords and commons in which the session thus ended . the conspirators had this interval to reflect upon their own affaires . they saw that the king of france ( as they called him ) was so busy abroad , that he could not be of farther use , yet , to them here , then by his directions , while his armyes were by assistance of the english forces , severall times saved from ruines . they considered that the test was defeated , by which the papists hoped to have had reprisalls for that of transubstantiation , and the conspirators to have gained commission , as extensive and arbitrary , as the malice of their own hearts could dictate : that herewith they had missed of a legality to have raised mony without consent of parliament , or to imprison or execute whosoever should oppose them in pursuance of such their commission . they knew it was in vaine to expect that his majesty in that want , or rather opinion of want , which they had reduced him to , should be diverted from holding this session of parliament : nor were they themselves for this once wholy averse to it , for they presumed either way to find their own account , that if mony were granted it should be attributed to their influence , and remaine much within their disposal , but if not granted , that by joyning this with other accidents of parliament , they might so represent things to his majesty as to incense him against them , and distrusting all parliamentary advice to take counsel from themselves , from france , and from necessity . and in the meane time they fomented all the jealousies which they caused . they continued to inculcate forty and one in court , and country . those that refused all the mony they demanded , were to be the onely recusants , and all that asserted the libertyes of the nation , were to be reckoned in the classis of presbyterians . the th . of october came , and his majesty now asked not only a supply for his building of ships , as formerly , but further , to take off the anticipation upon his revenue . the house of commons took up again such publick bills as they had on foot in their former sitting , and others that might either remedy present , or prevent future mischiefs . the bill for habeas corpus . that against sending men prisoners beyond sea. that against raising mony without consent of parliament ; that against papists sitting in either house . another act for speedier convicting of papists . that for recalling his mejestys subjects out of the french service , &c : and as to his majestys supply , they proceeded in their former method of the two bills , one for raising l. and the other for appropriating the tunnage and poundage to the use of the navy . and in the lords house there was a good disposition toward things of publick interest : but l. was so insipid a thing , to those who had been continually regaled with millions , and that act of appropriation , with some others , went so much against stomack that there wanted only an opportunity to reject them , and that which was readiest at hand was the late quarrel betwixt the house of lords and the commons . the house of commons did now more peremptorily then ever , oppose the lords jurisdiction in appeals : the lords on the otherside were resolved not to depart from so essentiall a priviledge and authority , but to proceed in the exercise of it : so that this dispute was raised to a greater ardure and contention then ever , and there appeared no way of accomodation . hereupon the lords were in consultation for an addresse to his majesty conteining many weighty reasons for his majestyes dissolving this parliament , deduced from the nature and behaviour of the present house of commons : but his majesty , although the transaction between the two houses was at present become impracticable , judging that this house might at some other time be of use to him , chose only to prorogue the parliament ; the blame of it was not onely laid , but aggravated , upon those in both houses , but especially on the lords-house , who had most vigorously opposed the french and popish-jnterest . but those who were present at the lords , and observed the conduct of the great ministers there , conceived of it otherwise ; and as to the house of commons , who in the heat of the contest , had voted , that vvhosoever shall sollicity or prosecute any appeal against any commoner of england , from any court of equity before the house of lords , shall be deemed and taken abetrayer of the rights and liberties of the commons of england , and shall be proceeded against accordingly . their speaker , going thorow vvestminster hall to the house , and looking down upon some of those lawyers , commanded his mace to seize them and led them up prisoners with him , which it is presumed , that he being of his majesties privie councill , would not have done , but for what some men call his majesties service ; and yet it was the highest , this , of all the provocations which the lords had received in this controversie . but however , this fault ought to be divided , there was a greater committed in proroguing the parliament , from the th . of november , unto the th , of february . and holding it after that dismission , there being no record of any such thing done since the being of parliaments in england , and the whole reason of law no lesse then the practise and custome holding contrary . this vast space betwixt the meetings of parliament cannot more properly be filled up , then with the coherence of those things abroad and at home , that those that are intelligent may observe whether the conspirators found any interruption , or did not rather sute this event also to the continuance of their counsells . the earl of northampton is not to be esteemed as one engaged in those counsells , being a person of too great honour , though the advanceing of him to be constable of the tovver , was the first of our domestick occurrents . but if they could have any hand in it , 't is more probable that lest he might perceive their contrivances , they apparelled him in so much wall to have made him insensible . however men conjectured even then by the quality of the keeper , that he was not to be disparaged with any mean and vulgar prisoners . but another thing was all along very remarkable , that during this inter-parliament , there were five judges places either fell , or were made vacant , ( for it was some while before that sir. francis north had been created lord cheif justice of the common pleas ) the five that succeeded , were sir richard rainsford , lord chief justice of the kings bench. mountagne , lord chief baron of the exchequer . vere bartie , barrister at law , one of the barrons of the exchequer . sir william scroggs , one of the justices of the common pleas. and sir thomas jones , one of the justices of the kings bench. concerning all whom there it somthing too much to be said ; and it is not out of a figure of speech , but for meer reverence of their profession that i thus passe it over , considering also humane infirmity , and that they are all by their pattens , durante bene placito , bound as it were to the good behaviour . and it is a shame to think what triviall , and to say the best of them , obscure persons have and do stand next in prospect , to come and sit by them . justice atknis also by warping too far towards the laws , was in danger upon another pretense to have made way for some of them , but upon true repentance and contrition , with some almes deeds , was admitted to mercy ; and all the rest of the benches will doubtlesse have profited much by his , and some other example . alas the wisdom and probity of the law went of for the most part with good sir mathevv hales , and justice is made a meere property . this poysonous arrow strikes to the very heart of government , and could come from no quiver but that of the conspirators . what french counsell , what standing forces , what parliamentary bribes , what national oaths , and all the other machinations of wicked men have not yet been able to effect , may be more compendiously acted by twelve judges in scarlet . the next thing considerable that appeared preparatory for the next session , was a book that came out by publick authority , intitled , considerations touching the true vvay to suppresse popery , &c. a very good design , and writ , i beleive , by a very good man , but under some mistakes , which are not to be passed over . one in the preface , wherein he saith , the favour here proposed in behalf of the romanists , is not more than they injoy among protestants abroad at this day . this i take not to be true either in denmark , or svveden and some other countrys were popery is wholly suppressed ; and therefore if that have been effected there , in ways of prudence and consisting with christianity , it ought not to have been in so general words misrepresented . another is , p. , and . a thing ill and dangerously said , concluding ; i knovv but one instance , that of david in gath , of a man that vvas put to all these straits , and yet not corrupted in his principles . when there was a more illustrious example near him , and more obious . what else i have to say in passing , is , as to the ground-work of his whole design ; which is to bring men nearer , as by a distinction betwixt the church and court of rome , a thing long attempted , but ineffectually , it being the same thing as to distinguish betwixt the church of england , and the english bishops , which cannot be seperated . but the intention of the author , was doubtlesse very honest , and the english of that profession , are certainly of all papiest the most sincere and most worthy of favour ; but this seemed no proper time to negotiate further then the publick convenience . there was another book likewise that came out by authority , towards the approach of the session , intitled , a packet of advise to the men of shaftsbury , &c. but the name of the author was concealed , not out of any sparke of momodesty , but that he might with more security excercise his impudence , not so much against those noble lords , as against all publick truth and honesty . the whole composition is nothing else but an infusion of malice , in the froath of the town , and the scum of the university , by the prescription of the conspirators . nor , therefore did the book deserve naming , no more then the author , but that they should rot together in their own infamy , had not the first events of the following session made it remarkable , that the wizard dealt with some superior intelligence . and on the other side , some scattering papers straggled out in print , as is usuall for the information of parliament men , in the matter of law concerning prorogation , which all of them , it is to be presumed , understood not , but was like to prove therefore a great question . as to matters abroad from the year , that the peace was concluded betwixt england and holland ; the french king , as a mark of his displeasure , and to humble the english nation , let loose his privateers among our merchant men : there was thenceforth no security of commerce or navigation notwithstanding the publick amity betwixt the two crowns , but at sea they murthered plundred , made prize and confiscated those they met with . their picaroons laid before the mouth of our rivers , hoverd all along the coast , took our ships in the very ports , that we were in a manner blocked up by water . and if any made application at his soveraign port for justice , they were insolently bassled , except some sew , that by sir , ellis leightous interest , who made a second prize of them , were redeemed upon easier composition . in this manner it continued from , till the latter end of without remedy , even till the time of the parliaments sitting : so that men doubted whether even the conspirators were not complices also in the matter , and sound partly their own account in it . for evidence of what is said , formerly , the paper at the end of this treatise annexed may serve , returned by some members of the privy council to his majesties order , to which was also adjoyned a register of so many of the english ships as then came to notice which the french had taken , ( and to this day cease not to treat our merchants at the same rate . ) and yet all this while that they made these intolerable and barbarous piracyes , and depredations upon his majestyes subjects , from hence they were more deligently then ever supplied with recruits , and those that would go voluntarily into the french service were incouraged , others that would not , pressed , imprisoned , and carried over by maine force , and constraint , even as the parliament here was ready to sit down ; notwithstanding all their former frequent applications to the contrary . and his majesties magazins were daily emptied , to furnish the french with all sorts of ammunition , of which the following note containes but a small parcell , in comparison of what was daily conveyed away , under colour of cockets for jarsy , and other places . a short account of some amunition , &c. exported from the port of london to france , from june , . to june . granadoes without number , shipt off under the colour of unwroght iron . lead shot tuns . gunpovvder barrels . iron shot tun , weight . matcb tun , weight . iorn ordinance , . quantity , tuns , weight . carriages , bandileirs , pikes , &c. uncertain . thus was the french king , to be gratified for undoing us by sea with contributing all that we could rap and rend of men , or amunition at land , to make him more potent against us , and more formidable . thus are we at length arrived at this much controverted , and as much expected session . and though the way to it hath proved much longer then was intended in the entry of this discourse , yet is it very short of what the matter would have afforded , but is past over to keep within bounds of this volumn . the th of february came , and that very same day , the french king appointed his march for flanders . it seemed that his motions were in just cadence , and that as in a grand balet , he kept time with those that were tuned here to his measure . and he thought it a becoming galanttrie , to take the rest of flanders our natural out work in the very face of the king of england and his petites maisons of parliament . his majesty demanded of the parliament in his speech at the opening of the sessions , a supply for building of ships , and the further continuance of the additional excise upon beer and ale , which was to expire the th . of june , and recommended earnestly a good correspondence betvveen the tvvo houses , representing their last differences as the reason of so long a prorogation , to allay them . the lord chancellor , as is usuall with him , spoiled all , which the king had said so well , with straining to do it better ; for indeed the mischances of all the sessions since he had the seales , may in great part be ascribed to his indiscreet and unlucky eloquence . and had not the lord treasure a farre more effectual way of perswasion with the commons , there had been the same danger of the ill successe of this meeting , as of those formerly . each house being now seated , the case of this long prorogation had taken place so farre without doores , and was of that consequence to the constitution of all parliaments , and the ualidity of all proceedings in this session , that even the commons , though sore against their inclination , could not passe it over . but they handled it so tenderly , as if they were afraid to touch it . the first day , insteed of the question , whether the parliament were by this unpresidented prorogation indeed dissolved ; it was proposed , something ridiculously , whether this prorogation were not an adjournment ? and this debate too , they adjourned till the next day , and from thence they put it off till the munday morning . then those that had proposed it , yet before they would enter upon the debate , asked , whether they might have liberty ? as if that had not been more then implied before , by adjourning the debate , and as if freedome of speech , were not a concession of right , which the king grants at the first opening of all parliaments . but by this faintnesse , and halfe-counsell , they taught the house to deny them it . and so all that matter was wrapped up in a cleanly question , whether their grand committees should sit , which involving the legitimacy of the houses sitting , was carried in the affirmative , as well as their own hearts could wish : but in the lords house it went otherwise . for the first day , as soon as the houses were seperate , the duke of buckingham , who usually saith what he thinks , argued by all the laws of parliament , and with great strength of reason , that this prorogation was null and this parliament consequently dissolved , offering moreover to maintaine it to all the judges , and desiring as had been usuall in such cases , but would not here be admitted , that even they might give their opinions . but my lord frechvvell as a better judge of so weighty a point in law , did of his great courtship move , that the duke of buckingham might be called to the barre , which being opposed by the lord salisbury , as an extravagant motion , but the duke of buckinghams proposal asserted , with all the cecilian height of courage and reason , the lord arundell of trerise a peere of no lesse consideration , and authority , then my lord frechvvell , and as much out of order , as if the salt had been thrown down , or an hare had crossed his way , opening , renewed the motion for calling the duke to the barre ; but there were yet too many lords between , and the couriers of the honse of commons brought up advice every moment , that the matter was yet in agitation among them , so that the earl of shaftsbury , had opportunity to appear with such extraordinary vigour , in what concerned both the duke of buckingham's person and his proposal , that as the duke of buckingham might have stood single in any rational contest , so the earl of shaftsbury was more properly another principal , than his second . the lord chancellour therefore in answer undertook , on the contrary , to make the prorogation look very formal , laying the best colours upon it , after his manner when advocate , that the cause would bear ( and the worst upon his opponents ) but such as could never yet endure the day-light . thus for five or six hours it grew a fixed debate , many arguing it in the regular method , till the expected news came , that the commons were rose without doing any thing ; whereupon the greater number called for the question , and had it in the affirmative , that the debate should be laid aside . and being thus flushed , but not satisfied with their victory , they fell upon their adversaries in cool blood , questioning such as they thought fit , that same night , and the morrow after , sentencing them , the duke of buckingham , the earl of salisbury , the earl of shaftsbury , and the lord wharton to be committed to the tower , under the notion of contempt , during his majestyes , and the houses pleasure . that contempt , was their refusing to recant their opinion , and aske pardon , of the king , and the house of lords . thus a prorogation without president , was to be warranted by an imprisonment without example . a sad instance and whereby the dignity of parliamens , and especially of the house of peers , did at present much suffer , and may probably more for the future ; for nothing but parliament can destroy parliament , if a house shall once be felon of it selfe and stop its own breath , taking away that liberty of speech , which the king verbally , and of course , allows them , ( as now they had done in both houses ) to what purpose is it comming thither ? but it was now over , and by the weaknesse , in the house of commons , and the force in the house of lords , this presumptuous session , was thus farre settled , and confirmed ; so that henceforward men begun to wipe their mouths , as if nothing had been , and to enter upon the publick businesse . and yet it is remarkable that shortly after , upon occasion of a discourse among the commons concerning libells and pamphlets , first one member of them stood up , and in the face of their house , said , that it vvas affirmed to him , by a person that might be spoke vvith , that there vvere among them , thirty , forty , fifty , god knovvs hovv many , outlavved . another thereupon rose , and told them , it vvas reported too , that there vvere diverse of the members papists ; a third , that a multitude of them vvere bribed , and pensioners . and yet all this was patiently hushed up by their house , and digessed , being it seems , a thing of that nature , which there is no reply to ; which may very well administer , and deserve a serious reflexion , how great an opportunity this house of commons lost , of ingratiating themselves , with the nation , by acknowledging in this convention their invalidity to proceed in parliament , and by addressing to his majesty as being dissolved , for a dismission . for were it so , that all the laws of england require , and the very constitution of our government , as well as experience , teaches the necessity of the frequent meeting , and change of parliaments , and suppose that the question concerning this prorogation , were by the custom of parliaments to be justified , ( which hath not been done hitherto ) yet who that desires to maintaine the reputation of an honest man , would not have layed hold upon so plausible an occasion , to breake company when it was grown so scandalous . for it is too notorious to be concealed , that near a third part of the house have beneficiall offices under his majesty , in the privy councill , the army , the navy , the law , the houshold , the revenue both in england and ireland , or in attendance on his majesties person . these are all of them indeed to be esteemed gentlemen of honor , but more or lesse according to the quality of their severall imployments under his majesty , and it is to be presumed that they brought along with them some honour of their own into his service at first to set up with . nor is it sit that such an assembly should be destitute of them to informe the commons of his majesties affaires , and communicate his counsells , so that they do not by irregular procureing of elections in place where they have no proper interest , thrust out the gentelmen that have , and thereby disturbe the severall countreys ; nor that they croude into the house in numbers beyond modesty , and which instead of giving a temper to their deliberations , may seem to affect the predominance . for although the house of peers , besides their supream and sole judicature , have an equal power in the legislature with the house of commons , and at the second thoughts in the government have often corrected their errours : yet it is to be confessed , that the knights , citizens and burgesses there assembled , are the representers of the people of england , and are more peculiarly impowred by them to transact concerning the religion , lives , liberties , and the propriety of the nation . and therefore no honorable person , related to his majesties more particular service , but will in that place and opportunity suspect himself , least his gratitude to his master , with his self-interest should tempt him beyond his obligation there to the publick . the same excludes him that may next inherit from being guardian to an infant , not but there may the same affection and integritie be found in those of the fathers side as those on the mothers , but out of decent and humane caution , and in like manner however his majesties officers may be of as , sound and untainted reputation , as the best , yet common discretion would teach them not to seek after and ingrosse such different trusts in those bordering intrests of the king and contrey , where from the people they have no legall advantage , but so much may be gained by betraying them . how improper would it seem for a privy counsellour if in the house of commons he should not justify the most arbytrary proceedings of the councill table , represent affaires of state with another face , defend any misgovernment , patronize the greatest offenders against the kingdome , even though they were too his own particular enemies , and extend the supposed prerogative on all occasions , to the detriment of the subjects certaine and due libertyes ! what self denyall were it in the learned counsell at law , did they not vindicate the misdemeanours of the judges , perplex all remedies against the corruptions and incroachment of courts of judicature , word all acts towards the advantage of their own profession , palliate unlawfull elections , extenuate and advocate publick crimes , where the criminall may prove considerable ; step into the chaire of a money bill ' and pen the clauses so dubiously , that they may be interpret●… in westminister-hall beyond the houses intention , mislead the house , not only in point of law , but even in matter of fact , without any respect to veracity , but all to his own further promotion ! what soldier in pay , but might think himself sit to be cashiered , should he oppose the increase of standing forces , the depression of civill authority , or the levying of mony by whatsoever means or in what quantity ? or who of them ought not to abhorre that traiterous position , of taking armes by the kings authority against those that are commissionated by him in pursuance of such commission ? what officer of the navy , but takes himself under obligation to magnify the expence , extoll the mannagment , conceal the neglect , increase the debts and presse the necessity , ringging and unringging it to the house in the same moment , and representing it all at once in a good and a bad condition ? should any member of parliament and of the exchequer omit to transform the accounts , conceal the issues , highten the anticipations , and in despight of himself oblidge whosoever chance to be the lord treasurer ; might not his reversioner justly expect to be put into present posession of the office ? who that is either concerned in the customes , or of their brethren of the excise , can with any decency refuse , if they do not invent , all further impositions upon merchandise , navigation , or our own domestick growth and consumption ; and if the charge be but temporary , to perpetuate it ? hence it shall come that insteed of relieving the crown by the good old and certain way of subsidyes , wherein nothing was to be got by the house of commons , they devised this foraine course of revenue , to the great greivance and double charg of the people , that so many of the members might be gratified in the farmes or commissions . but to conclude this digression whatsoever other offices have been set up for the use of the members , or have been extinguished upon occasion , should they have failed at a question , did not they deserve to be turned out ? were not all the votes as it were in fee farme , of those that were intrusted with the sale ? must not surinam be a sufficient cause of quarrel with holland , to any commissioner of the plantations ? or who would have denyed mony to continue the war with holland , when he were a commissioner of prizes , of sick and wounded , of transporting the english , or of starving the dutch prisoners ? how much greater then would the hardship be for those of his majesties houshold , or who attend upon his royall person , to forget by any chance vote , or in being absent from the house , that they are his domestick servants ? or that all those of the capacity abovementioned are to be look upon as a distinct body under another discipline ; and whatsoever they may commit in the house of commons against the national interest , they take themselves to be justified by their circumstances , their hearts indeed are , they say , with the country , and one of them had the boldness to tell his majesty , that he was come from voting in the house against his conscience . and yet these gentlemen being full , and already in imployment , are more good natured and less dangerous to the publick , than those that are hungry and out of office , who may by probable computation , make another third part of this house of commons . those are such as having observed by what steps , or rather leaps and strides , others of their house have ascended into the highest places of the kingdom , do upon measuring their own birth , estates , parts , and merit , think themselves as well and better qualified in all respects as their former companions . they are generally men , who by speaking against the french ; inveighing against the debauches of court , talking of the ill management of the revenue , and such popular flourishes , have cheated the countrys into electing them , and when they come up , if they can speak in the house , they make a faint attaque or two upon some great minister of state , and perhaps relieve some other that is in danger of parliament , to make themselves either way considerable . in matters of money they seem at first difficult , but having been discourst with in private , they are set right , and begin to understand it better themselves , and to convert their brethren : for they are all of them to be bought and sold , only their number makes them cheaper , and each of them doth so overvalue himself ; that sometimes they outstand or let slip their own market . it is not to be imagined , how small things in this case , even members of great estates will stoop at , and most of them will do as much for hopes , as others for fruition , but if their patience be tired out , they grow at last mutinous , and revolt to the country , till some better occasion offer . among these are somemen of the best understanding , were they of equal integrity , who affect to ingrosse all businesse , to be able to quash any good motion by parliamentary skill , unlesse themselves be the authors , and to be the leading men of the house , and for their naturall lives to continue so . but these are men that have been once fooled , most of them , and discovered , and slighted at court , so that till some turn of state shall set them in their adversaryes place , in the mean time they look sullen , make big motions , and contrive specious bills for the subject , yet onely wait the opportunity to be the instruments of the same counsells , which they oppose in others . there is a third part still remaining , but as contrary in themselves as light and darknesse ; those are either the worst , or the best of men ; the first are most profligate persons , that have neither estates , consciences , nor good manners , yet are therefore picked out as the necessary men , and whose votes will go furthest ; the charges of their elections are defraied , whatever they amount to , tables are kept for them at white hall , and through westminster , that they may be ready at hand , within call of a question : all of them are received into pension , and know their pay-day , which they never faile of : insomuch that a great officer was pleased to say , that they came about him like so many jack davvs for cheese , at the end of every session . if they be not in parliament , they must be in prison , and as they are protected themselves , by priviledge , so they sell their protections to others , to the obstrnction so many years together of the law of the land , and the publick justice ; for these it is , that the long and frequent adjournments are calculated , but all whether the court , or the monopolizers of the country party , or these that profane the title of old cavaliers , do equally , though upon differing reasons , like death apprehend a dissolution . but notwithstanding these , there is an hanfull of salt , a sparkle of soul , that hath hitherto preserved this grosse body from putrefaction , some gentlemen that are constant , invariable , indeed english men , such as are above hopes , or fears , or dissimulation , that can neither flatter , nor betray their king , or country : but being conscious of their own loyalty , and integrity , proceed throw good and bad report , to acquit themselves in their duty to god , their prince , and their nation ; although so small a scantling in number , that men can scarse reckon of them more then a quorum ; insomuch that it is lesse difficult to conceive , how fire was first brought to light in the world then how any good thing could ever be produced out of an house of commons so constituted , unlesse as that is imagined to have come from the rushing of trees , or batterring of rocks together , by accident , so these by their clashing with one another , have struck out , an usefull effect from so unlikely causes . but whatsoever casuall good hath been wrought at any time by the assimilation of ambitious , factious , and disappointed members , to the little , but solid , and unbyassed party , the more frequent ill effects , and consequences of so unequall a mixture , so long continued , are demonstrable and apparent . for while scarse any man comes thither with respect to the publick service , but in design to make , and raiso his fortune , it is not to be exprest , the debauchery , and lewdnesse , which upon occasion of election to parliaments , are now grown habitual thorow the nation . so that the vice , and the expence , are risen to such a prodigious height , that few sober men can indure to stand to be chosen on such conditious . from whence also arise feuids , and perpetuall animosityes , over most of the countyes , and corporations , while gentlemen of worth , spirit , and ancient estates , and dependances , see themselves overpowered in their own neighbourhood by the drunknesse , and bribery , of their competitors . but if neverthelesse any worthy person chance to carry the election , some mercenary or corrupt sheriffe makes a double return , and so the cause is handed to the committee of elections , who aske no better , but are ready to adopt his adversary into the house if he be not legitimate . and if the gentleman agrieved seek his remedy against the sheriffe in westminster-hall , and the proofes be so palpable , that the kings bench cannot invent how to do him injustice , yet the major part of the twelve judges , shall upon better consideration vacate the sheriffs fine , and reverse the judgement ; but those of them that dare dissent from their brethren are in danger to be turned off the bench without any cause assigned . while men therefore care not thus , how they get into the house of commons , neither can it be expected that they should make any conscience of what they do there , but they are onely intent how to reimburse themselves ( if their elections were at their own charge ) or how to bargine their votes for a place , or a pension . they list themselves streightways into some court faction , and it is as well known among them , to what lord each of them retaine , as when formerly they wore coates , and badges . by this long haunting so together they are grown too so familiar among themselves , that all reverence of their own assembly is lost , that they live together not like parliament men , but like so many good felows , met together in a publick house to make merry . and which is yet worse , by being so throughly acquainted , they understand their number and party , so that the use of so publick a counsel is frustrated , there is no place for deliberation , no perswading by reason , but they can see one anothers votes through both throats and cravats before they hear them . where the cards are so well known , they are only fit for a cheat and no fair gamster , but would throw them under the table . hereby it is that their house hath lost all the antient weight and authority , and being conscious of their own guilt and weakness , dare not adventure , as heretofore , the impeaching of any man before the lords , for the most hainous crimes of state , and the most publick misdemeanours ; upon which confidence it is , that the conspirators have so long presumed , and gone unpunished . for although the conspirators have sometimes ( that this house might appear still necessary to the people , and to make the money more glib ) yeelded that even their own names should be tossed among them , and grievances be talked of , yet at the same time they have been so prevalent as to hinder any effect , and if the house has emancipated itself beyond instructions , then by chastizing them with prorogations , frighting them with dissolution , comforting them with long , frequent , and seasonable adjournments , now by suspending , or diminishing their pensions , then again by increasing them , sometimes by a scorn , and otherwhiles by a favour , there hath a way been found to reduce them again under discipline . all these things and more being considered and how doubtful a foot this long parliament now stood upon by this long prorogation , there could not have been a more legal , or however no more wise and honest a thing done , then for both the lords and commons to have separated themselves , or have besought his majesty to that purpose , left the conspirators should any longer shelter and carry on their design against the government and religion , under this shadow of parliamentary authority . but it was otherwise ordered , of which it is now time to relate the consequences . the four lords having thus been committed , it cannot properly be said that the house of peers was thence forward under the government of the lord frechvvel , and the lord arundel of trerise but those two noble peers had of necessity no small influence upon the counsels of that house , ( having hoped ere this to have made their way also into his majesties privy council ) and all things fell out as they could have wished , if under their own direction . for most of them , who had been the most active formerly in the publick interest , sate mute in the house , whether , as is probable out of reverence to their two persons , and confidence in their wisdom , they left all to their conduct , and gave them a general proxy , or whether , as some would have it , they were sullen at the commitment of of the four lords , and by reason of that , or the prorogation , began now to think the parliament , or their house to be non compos . but now therefore doctor cary , a commner , was brought to the barre before them , and questioned concerning a written book which it seems he had carried to be printed , treating of the illegality of this prorogation , and because he satisfyed them not in some interrogatories , which no man would in common honour to others , or in self preservation , as neither was he in law bound to have answered , they therefore fined him a thousand pounds , under that new notion of contempt , when no other crime would do it , and sentenced him to continue close prisoner in the tovver until payment . yet the commons were in so admirable good temper ( having been conjured by the charming eloquence of the lord chancellor , to avoid all misunderstanding between the two houses ) that their could no member , or time , be found in all the session , to offer their house his petition ; much lesse would that breach upon the whole parliament ; by imprisoning the lords , for using their liberty of speech , be entertained by them upon motion , for fear of entrenching upon the priviledge of the house of peers , which it had been well for them if they had been as tender of formerly . one further instance of the completion of their house , at that season , may be sufficient . one master harrington , had before the session been committed close prisoner ( for that was now the mode , as though the earl of norhampton , would not otherwise have kept him close enough ) by order of the king and councill , the warrant bearing for subornation of perjury , tending to the defamation of his majesty , and his government , and for contemptuously declaring , he vvould not ansvver his majesty any question , vvhich his majesty , or his privy councill should aske him . as this gentleman was hurried along to the tovver , he was so dexterous as to convey into a friends hand passing by , a blanke paper onely with his name , that a petition might be written above it , to be presented to the house of commons , without rejecting for want of his own hand in the subscription . his case notwithstanding the warrant was thus . he had met with two scotch souldiers in town returned from flanders , who complained that many of their countrey men had in scotland been seised by force , to be carried over into the french service , had been detained in the publick prisons till an oportunity to transport them : were heaved on board fast tyed and bound like malefactors , some of them struggling and contesting it , were cast into the sea , or maimed , in conclusion an intolerable violence and barbarity used to compell them and this near the present session of parliament . hereupon this gentleman considering how oft the house of commons had addressed to his majesty and framed an act for recalling his majesties subjects out of the french service , as also that his majesty had i●…ued his proclamation to the same purpose , thought he might do a good and acceptable thing in giving information of it to the house as time served , but withall knowing how witnesses might possibly be taken off , he for his own greater security took them before a master of chancery , where they comfirmed by oath the same things they had told him . but hereupon he was brought before his majesty , and the privy councill , where he declared this matter but being here asked by the lord chancellour some insnaring and improper questions , he modestly , as those that were by affirmed , desired to be ex●…ised from answering him further , but after this , answered 〈◊〉 majesty with great humility and respect to divers quest●…us . this was the subornation of perjury , and this the contempt to his majesty , for which he was made close prisoner . ●…pon his petition to the house of commons he was sent for , and called in , where he is reported to have given a very clear account of the whole matter , and of his behaviour at the council board . but of the two scotch soldiers the one made himself perjured without being suborned by harrington , denying or misrepresenting to the house what he had sworn formerly . and the other , the honester fellow it ●…ms of the two , only was absented . but however divers honourable members of that house attested voluntarily , that the soldiers had affirmed the same thing to them , and in●…ed the truth of that matter is notorious , by several other 〈◊〉 that since came over , and by further account from 〈◊〉 . master harrington also carryed himself towards 〈◊〉 ●…ouse with that modesty , that it seemed inseparable 〈◊〉 him , and much more in his majesties presence , so that 〈◊〉 house was inclined , and ready to have concerned themselves for his liberty . but master secretary williamson stood 〈◊〉 having been a principal instrument in commiting him , and because the other crimes rather deserved thanks and commendation , and the warrant would not justify it self , he insisted upon his strange demeanour toward his majesty , decipherd his very looks , how truly it matters not , and but that his majesty and the house remained still living flesh and blood , it might have been imagined by his discourse that master harrington had the head of a gorgon . but this story so wrought with , and amazed the commons , that mr. harrington found no redresse ; but might thank god that he escaped again into close prison . it was thought notwithstanding by most men that his looks might have past any where but with a man of sir josephs delicacy . for neither indeed had master harrington ever the same oportunities that others of practiting the hocus pocus of the face , of playing the french scaramuccie or of living abroad to learn how to make the plenipotentiary grimass for his majestys service . and now to proceed , rather according to the coherence of the matters , then to the particular date of every days action . by this good humour , and the house being so free of the liberty of their fellow commoners , it might be guessed that they would not be lesse liberal of their monythis session . the bill therefore for l. tax for eighteen month towards the building and furnishing of ships easily passed without once dreaming any more of appropriating the customes . for the nation being generally possessed by the members with the defects of the navy , and not considering at all from what neglect it proceeded , the house of commons were very willing , and glad to take this occasion , of confirming the authority of their sitting , and to pay double the summe that in the former sessions they had thought necessary towards the fleet ; hereby to hedg in , and purchase their own continuance . and for the same purpose they ingrossed the act with so numerous a list of commissioners , that it seemed rather a register or muster-roll of the nation , and that they raised the whole kingdom to raise the mony . for who could doubt that they were still a lawful parliament , when they saw so many gentlemens names ( though by the clerks hand onely ) subscribed to an act of their making ? onely mr. seymour the speaker , would have diminished the number in his own country . for he had entred into a combination , that none should serve the king or their country thorow devonshire , in any capacity but under his approbation , and therefore he highly inveighed against many gentlemen of the best rank there , that ought him no homage , as persons disaffected , oppossing their names at a committe of the whole house , before he heard them . but being checked in his careere , he let fall the contest , with as much judgment and modesty , as he had begun it with boldnesse and indescretion . this bill was not enough , but though the nation had hoped to be relieved from the additionall excise upon beer and ale , which the tripple league had foold them into , but was now of course to expire the th of june , . yet a bill for the continuing of it for three years more passed them likewise with little difficulty . for the late fear of dissolution was still so fresh upon them , that they would continue any thing to buy their own continuance ; and this bill might considering their present want of legality , have been properly intituled , an act for the extraor dinary occasion of the house of commons . but that they might seem within this tendernesse to themselvs not to have cast of all toward the people , they sunk all former grievances into a bill of chancery , knowing well that a sute in that court would be sooner ended , then a reformation of it be effected ; and that thereby they might gain work enough to direct the whole session . and of their usuall bills for the liberty of the subjects , they sent up only that of habeas corpus ; pretending , and perhaps truly , that they durst not adventure them either in their own or the lords house as they were now governed , lest they should be further ensnared by struging for freedome . but least they should trouble themselves too much with religion , the lords presented them with two bills of a very good name , but of a strange and unheard of nature . the one intituled an ast for securing the protestant religion by educating the children of the royall family , and providing for the continuance of a protestant clergy . the other , an act for the more effectuall conviction and prosecution of popish recusants . and with these they sent down another for the further regulation of the presses and suppressing all unlicensed books , with clauses most severe and generall upon the subject , whereof one for breaking all houses whatsoever on suspicion of any such pamphlet where by master l' estranges authority was much amplifyed to search any other house with the same liberty as he had sir thomas dolemans . but as to those two bills of religion , although they were of the highest consequence that ever were offered in parliament since protestancy came in ( and went out of fashion ) yet it is not to be imagined , how indisputable and easy a passage they found thorow the house of peers , to the house of commons ; which must be ascribed to the great unanimity among them , after the committing of the four lords , and to the power of those two noble peers , their adversaries , which was now so established , that their sense being once declared , the rest seemed to yeild them an implicite faith and obedience ; and they were now in such vogue , that whatsoever was spoken or done any where abroad in perfection , with great weight and judgement , men said it was a la fraischeville . but if gentily and acutely , a la trerise . that intituled , an act for the more effectual conviction and prosecution of popish recusants , is too long to be here inserted , and the fate it met with , makes it unnecessary , for as soon as it was first read a gentle-man of great worth and apprehension spake short but roundly and thorow against it . a second immediately moved that it might not onely be thrown out , but with a particular mark of infamy . and it being without any more ado ready to be put to the question , a third demanded that they should stay a while to see whether there were any one so hardy as to speak a word for it . which no man offerring at , it was forthwith rejected with this censure added to the journal . and because the body of the bill was contrary to the title , this unusual sentence of the house of commons , though excusable by the crimes of the bill , yet was not to be justified by the rules of entercourse between the two houses . but because all men have hence taken occasion to accuse the lords spiritual , as the authours both of this bill and the other , it is necessary to insert here the true fact in their just vindication . it was above two years ago that a select caball of great ministers , had been consulting about church matters , tho it seldom happens ( nor did it in this instance ) that the statesmen are more fortunate in meddling with religion , then the churchmen with government , but each marrs them with tampering out of their provinces . this only difference , that what ecclesiastical persons may do by chance or consequence , that harm the others commit on set purpose . for it was by these politicians , that these two cockatrice eggs were layd & by their assiduous incubation hatched . it is true indeed afterwards they took some few of the bishops into communication , and as it were for advice , upon what was before resolved . and to make this bill go the better down , they flatterd them with the other , as wholy calculated forsooth to the churches interest . and by this means possibly they prevailed so far , that the bishops both there and in the house , lesse vigorously opposed . but that the bishopes were either the contrivers or promoters of the bill , is a scandalous falshood , and devised by the authors to throw the odium off from themselvs upon the clergy and ( the bills that aimed at the ruine of the church of england having miscarried ) to compasse the same end by this defamation . a sufficient warning to the clargy , how to be intrigued with the statesmen for the future . the second bill follows . an act for further securing the protestant religion , by educating the children of the royal family therein ; and for the providing for the continuance of a protestant clergy . to the intent that the protestant religion , which through the blessing of god hath been happily established in this realm , and is at present sufficiently secured by his majestys known piety and zeal for the preservation thereof , may remain secure in all future times . be it enacted by the kings most excellent majesty , by and with the advice and consent of the lords spirituall and temporall , and commons in this parliament assembled , and by the authority of the same , that upon the demise of his majesty that now is , to whom god grant a long and prosperous reign , and upon the demise of any other king or queen regnant , that shall hereafter bear the imperial crown of this realme , the arch-bishops , and all and every the bishops of england and wales , for the time being , as shall not be disabled by sicknesse or other infirmity , shall within fourty dayes next after such demise , repaire to lambeth house , and being there assembled , to the number of nine at least , shall cause to be fairely ingrosed in parchment the oath and declaration following . . 〈◊〉 king or queen of england , do declare and svvear , that i do beleive that there is not any transubstantiation in the sacrament of the lords supper , or in the elements of bread and wine , at or after the consecration , thereof by any person vvhatsoever . so help me god. which blanck shall be filled up with the christian name of such king or queen , and thereupon the prelates so bled , shall without delay repaire to the persons of such succeeding king or queen regnant , and in humble manner tender 〈◊〉 said oath or declaraiton , to be taken by such succeeding king or queen regnant , which they are hereby authorised to administer , and shall abide in or near the court by the space of fourteen dayes , and at convenient 〈◊〉 , as often as conveniently they may , they shall appear in the presence of such king and queen ready to receive commands for administring the said oath and declaration , which if such succeeding king and queen shall make and subscribe in presence of them , or any nine or more of them , they shall attest the doing thereof , by subscribing their names to a certificate , indorsed upon the said indorsment , and carry the same into the high court of chancery there to be safely deposited amongst the records of the said court. and if such king or queen regnant , shall refuse or omit to make and subscribe the said oath , and decalration , for the space of fourteen dayes after such humble tender made in manner aforesaid , the said prelates may depart from the court without any further attendance on this occasion . but if at any time afterward such king or queen shall be pleased to take and subcribe the said oath , and declaration , and shall signifie such pleasure to the arch-bishops and bishops or any nine or more of them , the said arch-bishops and bishops , or such nine or more of them , are hereby authorised and required forthwith to administer the same , and to attest and certify the same in manner aforesaid . and be it further enacted by the authority aforesaid , that if any succeeding king or queen regnant , shall refuse or omit to make such oath and declaration , within the time therefore limitted , the same having been tendered in manner aforesaid , or there shall be any let , obstruction , or hindrance whatsoever , to their making the said tender in manner aforesaid , they are hereby enjoyned and required to endorse upon the said engrosement such refusall or omission , or any obstruction , let or hinderance , that shall happen to them , whereby they are not able to make the said tender , according to the act , and attest the same by subscribing their names thereunto , and carry the same into the high court of chancery , there to be safely deposited in manner aforesaid . and if any the said persons , hereby appointed to make the said tender , shall neglect or refuse to do the same , or in case of any refusal , or omission of making the said oath and declaration , or in case of any obstruction or hindrance to the making of the said tender , shall refuse or neglect to make certificate thereof in manner aforesaid , that the arch-bishoprick or bishoprick of the person or persons so refusing , shall be ipso facto , voide , as if he or they were naturally dead , and the said person or persons shall be incapable , during his or their life or lifes , of that , or any other ecclesiastical perferment . and be it further enacted , that if any king or queen regnant , at the time when the imprial crown of this realme shall devolve , shall he under the age of fourteen years , and that upon his or her attaining the said age of fourteen years , the arch-bishops and bishops shall , and are upon the like penalties hereby enjoyned , within fourteen dayes next after such attaining to the said age , to assemble at the said place , and thereupon to do and perform all things in proparing and tendring the said oath and declaration , and making certificate of the taking or omission thereof , that are required by this act to be done , upon the demise of any king or queen regnant . and be it further enacted by the authority aforesaid , that untill any succeeding king or queen regnant shall make the said oath and declaration , in manner aforesaid , such respective king or queen shall not grant , confer , or dispose of any arch-bishoprick or any bishoprick , in england or wales , otherwise than in manner following , that is to say , within seven dayes after the vacancy of any biship-prick or see , shall be known to the arch-bishop of canterbury for the time being , he shall and is hereby required to send forth a summons in writing to all the prelates in england and wales , requiring them to meet at a certain convenient time and place , to be appointed by the summons , to consult concerning the nomination of sit persons for the supply of that vacancy . and in case of vacancy of the arch bishop-prick of canterbury , the arch bishop of york , for the time being . and if that see shall be also vacant , such prelate of the realm , as by the statute of h. . ought to have place before the rest in parliament , shall and are hereby required to issue forth the said summons , and at the said time and place , so appointed , in manner aforesaid , the prelates then assembled , being seven at the least , or the major part of them , shall by writing under their hands and seals , nominate three persons , natural born subjects of the king , and in holy orders , for the supplying of the said vacancy , and to be placed in such order as the said prelates so assembled or the major part of them shall think fit , without regard to dignity , antiquity , or any other form , which writing shall be presented to the king who may thereupon appoint one of the three persous so to be named , to succeed in the said vacancy . and the person so appointed or chosen , shall by due form of law , according to the course now used , be made bishop of that see. but if in days after such presentment , of such names , the king or queen regnant shall not elect or appoint , which of the said three persons shall succeed in the said vacant see ; or if after such election or appointment there shall be any obstruction in pressing of the usual instruments and formalities of law , in order to his consecration , then such person , whose name shall be first written in the said instrument of nomination , if there be no election or appointment made by the king , within the time aforesaid , shal be the bishop of the vacant see. and if there be an election or appointment made , then the person so appointed shall be the bishop of the vacant see. and the arch-bishop of the province wherein the said vacancy shall be , or such other person or persons , who ought by his majesties ecclesiastical laws to consecrate the said bishop , shall upon reasonable demand , and are hereby required to make consecration accordingly upon pain of forfeiting trebble damages and costs to the party grieved , to be recovered in any of his majesties courts at westminster . and immediately after such consecration , the person so consecrated , shall be , and is hereby enacted to be compleat bishop of the said vacant see , and is hereby vested in the temporalties of the said bishop-prick and in actual possession thereof , to all intents and purposes , and shall have a seat and place in parliament , as if he had by due forms of law been made bishop , and had the temporalities restored unto him ; and in case the person so first named in the said instrument of nomination , or the person so elected by the king or queen regnant , shall then be a bishop , so that no consecration be requisite , then immediately after default of election or appointment by the king , or immediately after such election or appointment , if any shall be made within the said time , and any obstructions in pressing the instruments and formalities in law , in such cases used , the bishop so first named or elected and appointed , shall thereupon , ipso facto , be translated , and become bishop of that see , to which he was so nominated and appointed , and shall be , and is hereby vested in the temporalties and actual possession thereof to all intents and purposes , and shall have his seat and place in parliament accordingly , and his former see shall become vacant , as if he had been by due forms of law chosen and confirmed into the same , and had the temporalities restored unto him . and be it further enacted , that until the making the said oath and declaration in manner aforesaid , the respective succeeding kings and queens that shall not have made and subscribed the same , shall not grant or dispose of any denary , or arch-deconary , prebendary , mastership of any colledge , parsonage , viccarage or any ecclesiastical benefice or promotion whatsoever , to any other person , but such person as shall be nominated for the same , unto the said king or queen regnant , by the arch-bishop of canterbury , or guardians of the spiritualities of the said arch-bishop-prick , for the time being , if the same be within the province of canterbury , and by the arch-bishop-prick of york , or guardians of the spiritualities of the said arch-bishop-prick for the time being , if the same be within the province of york , by writing under their respective hands and seals , and in case any such as shall be accordingly nominated , shall not be able to obtein presentation or grant thereof within dayes , next after such nomination , then the said person shall and may , and is hereby enabled , by force of the said nomination , to require institution and induction from such person and persons unto whom it shall belong to grant the same , who shall accordingly make institution and induction , as if the said person were lawfully presented by the said king or queen regnant , upon pain to forfeit to the party grieved , trebble damages and costs , to be recovered in any of his majesties courts at vvestminster ; and in cases where no institution or induction is requisite the said person so nominated , from and after the end of the said dayes , shall be and is hereby actually vested in the possession of such denary , arch-deaconary , prebendary , mastership , rectory , parsonage or , vicarage , donative , or other ecclefiastical benefice or promotion and shall be full and absolute proprietor and incumbent thereof , to all intents and purposes as if he had obteyned possession therof upon a legall grant by the said king or queen regnant , and proceeding thereupon in due form of law. provided always and be it enacted by the authority aforesaid , that it shall and may be lawful for the lord high chancellor of england , or the lord keeper of the great seal of england , for the time being , to pass presentations or grants , to any ecclesiastical benefice , under value in the kings gift , in such manner as hath been accustomed , any thing in this present act to the contrary notwithstanding . and be it further enacted , that during such time as any king or queen regnant , shall be under the said fourteen yeares , no person that shall be lord protector , or regent of this realme , during such minority , shall in any wise , either in the name of the king or queen regnant , or in his own name grant , confer or dispose , of any arch-bishop-prick , bishoprik , deanary , prebendary , master-ship of any colledge , personage , vicarage , or other ecclesiastical benefice or promotion whatsoever , but the same shall be disposed of in manner above mentioned , during such miniority , untill such lord protector or regent , shall make and subscribe the said oath and declaration , ( mutatis mutandis ) before such nine or more of the said prelates , as he shall call to administer the same unto him , which oath and declaration they are hereby authorized and required to administer , under the penaltyes aforesaid , when they shall be called thereunto , by such lord protector or regent , for the time being . and be it further enacted , that the children of such succeeding king or queen regnant , that shall not have made and subscribed the oath and declaration in manner aforsaid , shall from their respective ages of seven years , untill the respective ages of fourteen yeares , to be under the care and goverment of the arch-bishops of canterbury and york , and bishop of london , durham and vvinchester , for the time being , who are hereby enjoyned and required to take care , that they be well instructed and educated in the true protestant religion , as it is now established by law , and to the intent that the arch-bishops and bishops , for the time being , may effectally have the care and government of such children , according to the true intent of this law ; be it enected , that after any such children shall have attained their respective ages of fourteen years , no person shall have enjoy , bear and execute any office , service , imployment or place of attendment relateing to their persons , but such as shall be approved of in writing under the hands and seals of the said arch-bishops and bishops in being , or the major part of such of them as are there in being . and if any person shall take upon him to execute any such office , service , imployment or place of attendance , contrary to the true intent and meaning of this act , he shall forfeit the sum of l. for every moneth he shall so execute the same , to be recovered by any person that will sue for the same , in any action of debt , bill , plaint or information ' in any of his majesties courts at vvestminister , shall also suffer imprisonment for the space of six months without bayle or manieprize . and be it further enacted by the authority aforesaid , that no person born within this realme or any other of his majesties dominions , being a popish preist , deacon or ecclesiiastical person , made , or deemed , or professed by any authority or jurisdiction derived , challenged , or pretended from the see of rome , or any jesuite whatsoever shall be allowed to attend the person of the queens majesty that now is , or any quen consort , or queen dowager , that shall be hereafter , whilst they are within this realme , ●…or by pretence of such service , or any other matter , shall be exempted from the penall laws already made against such persons coming into being or remaining in this kingdom , but shall be , and are hereby lyable to the utmost severity thereof . provided alwayes , that it shall and may be lawfull for master john huddleston being one of the queens majesties domestique servant , to attend her said majesties service , any thing in this act or any other law to the contrary notwithstanding . and be it further enacted , that after the death of the queens majesty , to whom god grant a long and happy life , all lay persons whatsoever , born within this realme , or any other of his majesties dominions , that shall be of the houshold , or in the service or employment of any succeeding queen consort , or queen dowager , shall do and performe all things , in a late act of this parliament , entituled , an act for preventing dangers vvhich may happen from popish recusants : required to be done and performed by any person , that shall be admitted into the service or employment of his majesty , or his royal highnesse the duke of york , which if they shall neglect or refuse to do and perform , and neverthelesse , after such refusall and execute any office , service , or employment under any succeeding queen consort , or queen dowager , every person so offending , shall be lyable to the same penalties and disabilities , as by the said act are may be inflicted upon the breakers of that law provided alwayes , that all and every person or persons , that shallby vertue of this act , have or claym any arch-bishoprick , bishoprick , deanry , prebendary , parsonage , vicarage , or other ecclesiastical benefits , with cure or without cure , shall be and is hereby , enjoyned , under the like penalties and disabilitys , to do and perform all things whatsoever , which by law they ought to have done if they had obteyned the same , and by the usuall course and form of law , without the help and benefit of this act. and be it further enacted , that all and every arch-bishops , bishops , appointed by this act to assemble upon the demise of his majesty , or any other king or queen regnant , in order to repaire and make humble tender of the oath and declaration aforementioned , to any succeeding king or queen , be bound by this act to administer the same , shall before such tender and administration thereof , and are hereby required to administer the same oath and declaration , to one another , with such of the arch-bishops and bishops , at any time assembled as by the statute . h. . ought to have precedence of all the rest of them , that shall be so assembled , is hereby authorized and required , to administer to the rest of them , and the next in order to such prelates , is hereby authorized and required to administer the same to him , and the same oath and declaration being engrossed in other peice of parchment , they and every of them are hereby enjoyned to subscribe their names to the same , and to return the same into the high court of chancery , hereafter with their certificate , which they are before by this act appointed to make . and if any of the said arch-bishops or bishops , shall be under 〈◊〉 same penalties , forfeiture , and disabilities , as are hereby , ●…ointed for such arch-bishops and bishops , as neglect or refuse to make any tender of the said oath and declaration , to any succeeding king or queen regnant . and be it further enacted , that the arch-bishop of canterbury , or arch-bishop of york , or such other bishop to whom it shall belong to issue forth summons to all the bishops of england and wales , requiring to meet and consult concerning the nomination of fit persons , for the supply of any arch-bishopprick , or bishopprick , according to this act , shall make the said summons in such manner that the time therein mentioned for the meeting the said arch-bishops and bishops , shall not be more then forty days , distinct from the time of the date , and issuing out of the said summons . and be it further enacted , that in case any person intituled by this act , doth demand consecration , in order to make him bishop of any vacant see , in manner aforesaid , shall demand the same of the arch-bishop of the province , and such arch bishop that shall neglect or refuse to do the same , either by himself or by others commissioned by him , by the space of thirty days , that then such arch bishop shall over and besides the trebble dammages , to the party before appointed , forfeit the summe of l. to any person that will sue for the same , in any of his majesties courts at westminster by action of debt , bill , plaint , or information , wherein no essoyn , protection , or wager of law , shall be allowed . and being thereof lawfully convicted , his arch-bishopprick shall thereby become , ipso facto , voyd as if he were naturally dead , and he shall be and is hereby made uncapable and disabled to hold , have , receive the same , or any other bishopprick , or ecclesiastical benefice whatsoever . and be it further enacted that after such neglect or refusall by the space of thirty dayes after demand , to make such consecration , or in case of the vacancy of the arch-bishopprick , such bishop of the said province , for time being , who by the statute of . h. . ought to have presidents of all the rest , calling to his assistance , a sufficient number of bishops , who are likewise required to assist , at such time and place , as he shall thereunto appoint , shall and is hereby required , upon reasonable demands , to make such consecration which shall be good and effectual in law , as if the said bishops were thereunto authorized , and empowred by commission from such arch-bishop , or any other person , or persons , having authority to grant commission for the doing the same . and be it further enacted , that the said bishops and every of them , are hereby enjoyned and required to perform the same , upon pain of forfeiting , upon any neglect or refusal , trebble dammages to the party grieved , to be recovered with costs , in any of his majesties courts of record , at westminster , as also the sum of l. to any person that will sue for the same , in any of his majesties courts at westminster , by any action of debt , bill , plaint or information , wherein no essoyn , protection , or wager of law shall be allowed ; and being lawfully convicted of any such neglect or refusal , his or their bishopprick that shall be so convicted , shall become , ipso facto , void , as if he or they were naturally dead , and he or they are hereby made incapable , and disabled to have , hold , or receive the same , or any other bishopprick or any other ecclesiastical benefice whatsoever . yet this notorious bill had not the same accident with the first , but was read a second time , and committed ; wherein their houses curiousity seemes to have led them , rather than any satisfaction they had in the matter , or hope of amending it , for it died away , the committee disdaining , or not daring publickly to enter upon it , some indeed having , as is said , once attempted it in private , and provided r , s. a fit lawyer for the chairman , but were discovered . and thus let these two bills perish like unseasonable and monstrous births , but the legitimate issue of the conspirators , and upon the hopes of whose growth they had built the succession of their projects . hence-forward another scene opens : the house of commons thorow the whole remainder of this session , falling in with some unanimity , and great vigor against the french counsels . of which their proceedings it were easy to assigne the more intimate causes ; but they having therein also acted according to the publick interest , we will be glad to suppose it to have been their only motive . that business having occasioned many weighty debates in their house , and frequent addresses to his majesty , deserves a more particular account , nor hath it been difficult to recever it , most of them being unwilling to forget any thing they have said to the purpose , but rather seeking to divulge what they think was bravely spoken ; and that they may be thought some-body , often arrogating where they cannot be disproved , another mans conception to their own honour . march the th . , the house being resolved into a committee of the whole house to consider of grievances , resolved . that a commitee be appointed to prepare an addrsse , to represent unto his majesty the danger of the povver of france , and to desire that his majesty by such alliances as he shall think fit , do secure his kingdomes , and quiet the feares of his people , and for preservation of the spanish netherlands . may it please your majesty . we your majesties most loyal subjects , the knights , citizens and burgesses , in parliament assembled , find our selves obliged in duty and faithfulnesse to your majesty , and in discharge of the trust reposed in us , by those vvhomvve represent , most bumbly to offer to your majesties consideration , that the mindes of your people are much disquieted , vvith the manifest dangers arising to your majesty , by the grovvth and povver of the french king ; especially by the acquisition already made and the further progresse like to be made by him , in the spanish nether-lands , in the preservation and security vvhereof , vve humbly conceive the intrest of your majesty , and the safety of your people , are highly concerned ; and therefore vve most humbly beseech your majesty , to take the same into your royall care , and to strengthen your selfe vvith such strictter alliances , as may secure your majesties kingdomes and secure and preserve the said spanish nether-lands and thereby quiet the mindes of your majesties people . this addresse was presented to his majesty the . of march , and his majesties answer was reported to the house of commons , by mr. speaker , the , of march , which was thus . that his majesty was of the opinion of his two houses of parliament ; that the preservation of flanders was of great consequence ; and that he would use all meanes in his power for the safety of his kingdoms . a motion was therefore made for a second address upon the same subject , on monday march , th . which here followeth . may it please your majesty , we your majesties most loyal subjects , the knights , citizens , and burgesses in parliament assembled , do vvith unspeakable joy and comfort , present our humble thanks to your majesty , for your majesties gratious acceptance of our late address , and that your majesty vvas pleased in your princely wisdom to express your concurrance and opinion vvith your tvvo houses in reference to the preservation of the spanish netherlands . and vve do vvith most carnest and repeated desires implore your majesty , that you vvould be pleased to take timely care to prevent those dangers that may arise to these kingdoms by the great povver of the french king , and the progress he daily makes in those netherlands and other places . and therefore that your majesty vvould not defer the entring into such allyances as may obtain those ends , and in case it shall happen , that in pursuance of such alliances , your majesty should be engaged in a war vvith the french king , vve do hold our solves obliged , and do vvith all humility and chearfulness assure your majesty , that vve your most loyal subject , shall alvvayes be ready upon your signification thereof in parliament , fully , and from time to time , to assist your majesty vvith such aydes and supplies as ; by the divine assillance , may enable your majesty to prosecute the same vvith success . all vvhich vve do most humbly offer to your majesty as the unanimous sence and desire of the vvhole kingdom . march th . . it was alledged against this address , that to press the king to make further alliances with the confederates against the french king , was in effect to press him to a war , that being the direct and unavoidable consequence thereof . that the consideration of war was most proper for the king , who had the intelligence of forraine affaires , and knew the arcana imperii . that it was a dangerous thing hastily to incite the king to a war. that our merchant-ships and effects would be presently seised by the french king within his dominions , and thereby he would acquire the value of , it may be near , a million to enable him to maintain the war against us . that he would fall upon our plantations and take plunder and annoy them . that he would send out abundance of capers , and take and disturbe all our trading ships in these seas , and the mediterranean . that we had not so many ships of war as he , and those thirty which were to be built with the l. now given , could not be finished in two years . that we had not naval stores and ammunition , &c. sufficient for such a purpose , and if we had , yet the season of the year was too far advanced to set out a considerable fleet : and we could not now lay in beef , pork , &c. that when we were ingaged in a war , the dutch would likely slip collar , leave us in the war , and so gain to themselves the singular advantage of sole trading in peace , which is the priviledge we now injoy , and should not be weary of . that it was next to impossible , to make alliances with the several parties as might be expected , such and so various were the severall interests , and crosse-biasses , of and amongst the emperour , the spaniard , the dane , the dutch , the brandenburgh , and the severall lesser princes of germany , and others . that we might easily enter into a war , but it would be hard to find the way out of it , and a long war would be destructive to us ; for though the emperour , french , spaniard , &c. use to maintain war for many years , yet a trading nation as england is , could not endure a long-winded war. on the other side , it vvas said ; that they did not addresse for making war but making leagues , which might be a means ro prevent war. that the best way to preserve peace , was to be in a prepration for war that admitting a war should ensue thereupon , as was not unlikely , yet that would tend to our peace , and safety in conclusion ; for it must be agreeded , that if the power of france were not reduced , and brought to a more equal ballance with its neighbours , we must fight or submit , first or last . that it was commonly the fate of those that kept themselves neutral , when their neighbours were at vvar , to become a prey to the conquerour . that now or never was the crititall season to make vvar upon the french , whilst we may haveso great auxiliary conjunction ; and if it were a dangerous and formidable thing to encounter him now , how much more would it be so when this opportunity was lost , the consederacy disbanded , a peace made on the otherside the water , and we left alone to withstand him single . that as to his seizing our merchants effects , the case was 〈◊〉 the same and ) no other now than it would be three years hence , or at any time when ever the war should commence . that as to our plantations and our traders , we must consider , though the french was powerful , he was not omnipotent , and we might as well defend them as the dutch do theirs by guards , convoys , &c. and chiefly when the french have so many enemies , and we shall have so many friends , as no other time is like to afford . that they were sorry to hear we had not ships , stores , &c. equal to the french , and to our occasions , and hoped it would appear to be otherwise . that the season was not so far spent , but that a competent fleet might be set out this summer , and that however deficient we might be in this kind , the dutch were forward and ready to make an effectuall supplement in that behalf . that howsoever ill and false some men might esteem the dutch , yet interest vvill not lie , and it is so much their interest to confine and bring down the french , that it is not to be apprehended , but they will steadily adhere to every friend and every alliance they shall joyn with for that purpose . that however cross and divers the several confederates and their interests were , yet a common alliance may be made with them against the french , and aswell as they have allyed themselves together , aswell may the allyance be extended to another , to be added to them , viz. the king of england . that a numerous and vigorous conjunction against him is the way to shorten the work , whereas if he should hereafter attaque us singly , he would continue the war on us as long as he pleased , till he pleased to make an end of it and us together , by our final destruction . that if now we should neglect to make alliances , we had no cause to expect to have one friend , when the french should make peace beyond sea , and single us out for conquest ; for all that are conjoyned against the french , are provoked and disobliged , by reason of the great number of english , scotch and irish , which have served , and do still serve the french , and it was proved at the bar of this house within this fortnight , that men were levyed in scotland , and sent to the french service in january last , and some of them by force and pressing . also that it was understood and resented , that we had mainely contributed to this over grown greatnesse of the french , by selling dunkirk , that speciall key and inlet of flanders , by making war on the dutch , in . whereupon the french joyned with the dutch , under which shelter , and opportunity , the french lying layd the foundation of this great fleet he now hath , buying then many great ships of the dutch , and obuilding many others : as to which , but for that occasion , the dutch would have denyed and hindred him , by not observing the tripple league , and by our making a joynt war with the french against the dutch , in which , the french yet proceeds and tryumphs . so that in this respect we have much to redeem and retreive . that enmnity against the french , was the thing wherein this divided nation did unite , and this occasion was to be laid hold on , as an opportunity of moment amongst our selves . that the bent and weight of the nation , did lean this way , and that was a strong inducement and argument to incline their representatives . that it had been made appear , and that in parliament , that upon the ballance of the french trade , this nation was detrimented yearly , l. or a million , the value of the goods imported from france , annually so much exceeding that of the goods exported hence thither , whereby it is evident , that such a sum of the treasure and money of the nation was yearly exhausted and carryed into france , and all this by unnecessary wines , silks , ribbons , feathers , &c. the saving and retrenching of which expence , and exhaustion , will in a great degree serve to maintaine the charg of a war. that the present , was the best time for the purpose , and that this would give reputation to the confederates , and comfort and courradge to our bestfriends imediately , and safety to our selves in futurity , against the old perpetuall enemy of england . the second addresse was presented to his majesty , march the . and till the of aprill they received no answer . insomuch that it became doubtfull , whether the mony bill , would be accepted or and if the commons made any difficulty in passing them , unlesse they were first secured against the frenuh intrest , it seemed that the supply would be rejected , by the conspirators good will ; and that even the building of ships , how necessary soever , might rather have been respited again , as it had in former sessions , and for the whole long prorogation . but their house was farr from such obstinacy . and the news being come of the taking both of valenciennes and st. omar , with the defeate of the prince of orange at mont-cassel , so that now there was no further danger of preventing or interrupting the successes of the french-king , this campagn , at last therefore upon the , of aprill , this following answer was offerred to their house , from his majesty by master secretary coventry . c. r. his majesty having considered your last , addresse , and finding some late alteration in affaires abroad , thinks it necessary to put you in mind , that the only vvay to prevent the dangers vvhich may arise to these kingdoms , must be by putting his majesty timely in a condition to make such fitting preparation , as may enable him to do vvhat may be most for the security of them ▪ and if for this reason you shall desire to fit any longer time , his majesty is content you may adjourn novv before easter , and meet again suddenly after , to ripen this matter , and to perfect some of the most necessary bills novv depending . given at our court at white-hall , the . of april . . somewhat was said on both these matters , but the greater debate of them , was adjorned till next day , and then reassumed . then it was moved that the house should adjorn till after easter , and then meet again , with a resolution to enable the king to make such preprations as should be thought necessary , and also passe some necessary bills for the kingdome , which if they did not , the blame of the neglect , must rest upon themselves , and it would be observed , they had not sat to any effect this four yeares ; and that now they had a session , and had given a million , they did take little care to redresse greviances , or passe good laws , for the people , and that they should not be able to give any account of themselves to their neighbours in the country , unlesse they should face them down , that there was no greviance or mischeife in the nation to be redressed , and that the king had stopped their mouths , and laid it to them by offering to them to sit longer . others said , they should perfect the two money bills , and give the king ease , and take another time to consider further of religion , liberty , and property , especially seeing all bills now depending , would be kept on foot , the intended recesse , being to be but an adjournment , that they had very good laws already , and would give their shares in any new ones , they were making , to be in the country at the present time , that it was necessary for them to be there the th . of may , to execute the act for l. &c. and some time was to be allowed for their journyes , and rest after it , that the passing some necessary bills , came in the end of the kings message , and by the by ; for his majesty saith , that if for this reason , that is , for making of preparations , &c , they should desire to sit longer , and if so , then also take the opportunity of passing such bills . so the sence and inclination of the house was to rise before easter , as had been before intimated and expected . then they fell upon the main consideration of the message , and to make a present answer . the secretary and other ministers of state , said , that the alteration of affaires which his majesty took notice of , was the successe of the french against the prince of orange , in the battel , and their proceeding to take cambray , and st. omars . thus by inches or rather great measures they were taking in flanders , which was reckoned the out-work of england , as well as holland ) and they said plainely , nothing could put his majesty in a condition to make fitting preparations to preserve the kingdom , but ready money . to this it was answered , that it was not proper nor usuall to aske money at the end of a session , and it was fit that alliances should be first made , and that they should adjourn rather till that were done , for they ought not to give money till they knew for what , and it was clearely spoken and made out to them , that if there were no summers war , there was money enough given already . it was replyed , that they had not direction from his majesty as to what he had resolved , and it might be not convenient to discover and publish such things , but they would offer their guesse and ayme at some things , if there were any approaches towards war , though they ought to consider and compute like him in the gospel , whether with such a force they could encounter a king that came against them with such a force , they should think of providing a guard for the isle of wight , sersey , carnsey and ireland , and secure our coasts , and be in a defensive posture on the land , we might be attaqued in a night . also there would be a necessity of an extraordinary summer guard at sea , his majesty did use to apply l. vearly out of the customes upon his fleets , ( the very harbour expence ) which in anchorage , mooring , docks , and repaires , &c. was l. per annum , and he was now setting forth ships for the summer gard , but if there were a disposition towards war , there must be more shipps or at least those must be more fully manned , and more strongly appoynted , and furnished the more , especially if the breach were sudden , for otherwise , our trading ships at sea , as well as those ships and goods in the french ports , would be exposed . now it is reasonable that the remander which was above and beyond the kings ordinary allowance , should be supplyed by the parliament , and the extraordinary preparations of this kind for the present , could not amount to lesse than l. it was answered , that it was a mealancholy thing to think jersey , &c. were not well enough secured , at least as well as in the year , when we alone had war with the french and dutch too , and yet the kings revenue was lesse then than now : that the revenue of ireland was l. per annum , beyond the establishment ( that is , the civill , military ; and all payments of the government ) which if not sent over hither , but disposed there , would suffice to defend that kingdom , and they remember that about a moneth ago , they were told by some of these gentlemen , that the french king would not take more townes in flanders if he might have them , but was drawing off to meet the germans , who would be in the field in may , and therefore it was strang , he should be represented now as ready to invade us , and that we must have an army raised and kept on our islands and land. no they would not have that , it would be a great matter in the ballance , if the kings subjects were withdrawn from the french service , and applyed on the other side , and tell that were done , that we did continue to be contributary to the greatnesse of france . but a fleet would protect our whole . ships are the defence of an island and thereby we may hope to keep at a distance , and not apprehend , or prepare to meet him at our dores , he learns by sicily what it is to invade an island , he is not like to attempt an invasion of us , till he hath some masterie at sea , which is impossible for him to have so long as he is diverted and imployed at land in the mediterranean , and in the west indies , as he is . and as to our merchants ships and goods , they are in no more danger now then they were in any war whensoever . nay , there was more expectation of this , then there was of the last vvar , for the first notice we or the dutch had of that breach , was the attempt upon their smyrna fleet. also it is observed , that what was said a fortnight ago ( that the season was too far advanced to lay in be●…f , and it would stink ) was admitted to be a mistake , for that now it was urged , that a greater and better appointed fleet must be furnished out , but still it was insisted on , that they were in the dark , his majesty did not speak out , that he would make the desired alliances against the growth of france , and resolve with his parliament to maintain them , and so long as there was any coldness or reservedness of this kind , they had no clear grounds to grant money for preparations . his majesty was a prince of that goodness and ●…are , towards his people , that none did distrust him , but there was a distrust of some of his ministers , and a jealousie that they were under french influences ; and complaints and addresses had been made against them ; and upon the discourse of providing for the safety of the nation , it being said we might be secured by the guarranty of the general peace , it was reflected on as a thing most pernitious to us , and that our money and endeavours could not be worse applied , than to procure that peace . articles are not to be relied on . all that they desired was , that his majesty and his people unanimously , truly , sincerely and throughly declare and engage in this business , with a mutual confidence speaking out on both sides , and this , and nothing but this , would discharge and extinguish all jealousies . but it was objected , it was not convenient to discover his majesties secret purposes in a publick assembly , it might be too soon known abroad , and there was no reason to distrust his majesty , but that being enabled , he would prepare and do all things expedient for the kingdom . it was answered , that it was usual for forraine ministers to get notice of the councils of princes , as the earl of bristol ambassador in spain , in the last part of king james's reign , procured coppies , and often the sight of the originals of of dispatches , and cabinet papers of the king of spain . but acknowledging that his majesties councels cannot be penetrated by the french , yet the things would in a short time discover themselves : besides they said , they did not much desire secresy , for let the king take a great resolution , and put himself at the head of his parliament and people in this weighty and worthy cause of england , and let a flying post carry the news to paris , and let the french king do his worst . his majesty never had nor never will have cause to distrust his people . in , in confidence of our aid , he made a league without advice of parliament ( commonly called the tripple league ) which was for the interest of england , and whereby his majesty became the arbiter of cristendom , and in the name and upon the account of that , the parliament gave him several supplies . in , he made war without the advice , of parliament , whith war the parliament thought not for the interest of england to continue , yet even therein they would not leave him , but gave him l. to carry himself on & out of it . how much more are they concerned and obliged to supply and assist him in these alliances ( and war if it ensue ) which are so much for the interest of england , and entered into by the pressing advice of parliament . we hope his majesty will declare himself in earnest , and we are in earnest , having his majesties heart with us , let his hand rot off that is not stretcht out for this affair , we will not stick at this or that sum or thing , but we will go with his majesty to all extremities . we are now affraid of the french king , because he has great force , and extraordinary thinking men about him , which mannage his affaires to a wonder , but we trust his majesty will have his business mannaged by thinking men , that will be provident and careful of his interest , and not suffer him to pay , cent. per cent. more than the things are worth , that are taken up and used , and if the work be entred upon in this manner , we hope england will have english success with france , as it is in bowling , if your bowl be well set out , you may think , and it will go to the mark. were the thing clear and throughly undertaken , there would be less reason to dispute of time ; there never was a council but would sit on sunday , or any day for such publick work. in fine , they said , the business must lye at one door or another , and they would not for any thing , that it should flat in their hands . and although they should hope in an exigence his majesty would lend to his people , who had given so much to him , yet they said they could not leave him without providing him a sum of money , as much as he could use between this and some convenient time after easter , when he might , if he please command their full attendance , by some publick notification , and this was the mentioned sum of l. the expedient they provided for doing this , was adding a borrowing clause to the bill for almost l. ( such an one as was in the poll bill ) the effect of which is to enable his majesty presently to take up , on the credit of this bill l. ready money at l. per cent. per annum interest . and this they said might now be done , though the bill were passed by them , and also ( save that they had made the above mentioned amendment ) by the lords , for that poll bill was explained by another act passed a few days after , in the same session . but in hackvvells modus tenendi parli . pag. , was a more remarkable president , and exact in the point . but after some discourse of setting loose part of this l. &c. they reflected that this l. &c. was appropriate for the building of ships , and they would not have this appropriation unhinged by any means , and thereupon resolved to annex the borrowing clause to the bill for continuing the additional duty of excise , for three years , which was not yet passed ; against which it was objected , that it was given for other purposes , viz. to give the king ease to pay interest for his debts , &c. but on the contrary it was answered , that the preamble speakes not of his debts , but his extraordinary occasions ; but besides , they did not intend to withdraw so much of their gift , but did resolve to re-emburse his majesty the l. so much of it as he should lay out in extraordinary preparations . but then it was objected , that this would be a kind of denouncing of war , and that l. was a miserable , mean and incompetent sum to defend us against those whom we should provoke . but it was answered , that it was but an earnest of what they intended , and that they were willing to meet again and give further supplies ; besides the french king was not formidable for any great hurt that he could do us during the confederacy , there were several princes of germany , as the arch-bishop of metz and triers , the palsgrave , the duke of nevvburgh , &c. which are at war with him and are safe ; and yet they are much more weak and inconsiderable than we ; but they are defended not by their own strength , but by the whole confederacy . the debate concluded in voting the following answer , which was presented to his majesty by the speaker of the whole house , friday april the th . may it please your majesty . we your majesties most dutifull and loyall subjects the commons in this present parliament assembled , do vvith , great satisfaction of mind , observe the regard your majestie is pleased to expresse to our former addresses , by intimating to us the late alterations of affaires abroad , and do return our most humble thanks , for your majesties most gratious offer made to us thereupon in your late message : and having taken a serious deliberation of the same , and of the preparation your majesty hath therein intimated to us vvere fitting to be made , in order to those publick ends , vve have for the present provided a security in a bill for the additional duty of excise , upon vvhich your majesty may raise the sum of l. and if your majesty shall think fit to call us together again for this purpose , in some short time after easter , by any publick signification of your pleasure , commanding our attendance ; vve shall at our next meetting not only be ready to re-imburse your majesty vvhat sums of money shall be expended upon such extraordinary preparations as shall be made in pursuance of our former addresses ; but shall likevvise vvith thankfull hearts proceed then , and at all other times , to furnish your majesty vvith so large proportion of assistance and supplyes upon this occasion , as may give your majesty and the vvhole vvorld , an ample testimony of our loyalty ' and affection to your majesties service and as may enable your majesty by the help of almighty god , to maintain sucbstricter alliances as you shall have entred into against all opposition vvhatsoever . easter mondy , aprill th . another message in writing from his majesty , was delivered by secreatary vvilliamson to the house of commons ( viz. ) c. r. his majesty having considered the answer of this house to the last message about enabling him to make fitting preparations for the security of these kingdoms , finds by it that they have only enabled him to borrow l. upon a fond given him for other uses . his majesty desires therefore this house should know , and he hopes they will alwayes believe of him , that not only that fond , but any other within his power shall be engaged to the utmost of his power for the preservation of his kingdoms ; but as his majesties condition is ( which his majesty doubts not but is as well known to this house as himself ) he must tell them plainly , that without the summe six hundred thousand pounds , or credit for such a summe , upon new fonds , it will not be possible for him to speak or act those things which should answer the ends of their severall addresses , without exposing the kingdom to much grearer danger : his majstyes doth further acquaint you that having done his part , and laid the true state of things before you , he will not be wanting to use the best meanes for the safety of his people , which his presen condition is capable off . given at our court at white-hall , april . . . there upon the house fell into present consideration of an answer , and in the first place , it was agreed to return great thanks to his majesty for his zeal for the safety of the kingdome , and the hopes he had given them that he was convinced and satisfied , so as he would speak and act according to what they had desired , and they resolved to give him the utmost assurance , that they would stand by him and said no man could be unwilling to give a fourth or third part to save the residue . but they said they ought to consider that now they were a very thine house , many of their members being gone home , and that upon such a ground as they could not well blame them ; for it was upon a presumption that the parliament should rise before easter , as had been intimated from his majesty within this fortnight , and universally expected since , and it would be un-parliamentary , and very ill taken by their fellow-members , if in this their absence they should steal the priviledge of granting money , and the thanks which are given for it ; that this was a national business if ever any were , and therefore fit to be handled in a full national representative , and if it had hitherto seemed to go up-hill , there was a greater cause to put the whole shoulder to it , and this would be assuring , animating , and satisfactory to the whole nation . but they said it was not their mind to give or suffer any delay , they would desire a recess but for three weeks or a moneth at most . and the l. which they had provided for present use , was as much as could be laid out in the mean time , tho his majesty had l. more ready told upon the table . and therefore they thought it most reasonable and advisable that his majesty should suffer them to adjorn for such a time ; in the interim of which his majesty might if he pleased , make use of the l. and might also compleat the desired alliances , and give notice by proclamation to all members to attend at the time appointed . the answer is as followeth . may it please your majesty . we your majesties most loyal subjects the commons in this present parliament assembled , having considered your majesties last message , and the gratious expressions there●…n contained , for imploying your majesties vvhole revenue at any time to raise money for the preservation of your majesties kingdoms ; find great cause to return our most humble thanks to your majesty for the same , and to desire your majesty to rest assured , that you shall find as much duty and affection in us , as can be expected from a most loyal people , to their most gratious soveraign , and vvhereas your majesty is pleased to signify to us , that the sum of l. is not sufficient vvithout a further supply , to enable your majesty to speak or act those things vvhich are desired by your people ; we humbly take leave to acquaint your majesty , that many of our members ( being upon an expectation of an adjournment before easter ) are gone into their several countries , vve cannot think it parliamentary in their absence to take upon us the granting of money , but do therefore desire your majesty to be pleased that this house may adjourn it self for such short time , before the sum of l. can be expended , as your majesty shall think sit , and by your royal proclamation to command the attendance of all our members at the day of meeting ; by vvhich time vve hope your majesty may have so formed your affaires , and fixed your alliances , in pursuance of our former addresses , that your majesty may be gratiously pleased to impart them to us in parliament ; and vve no vvayes doubt but at our next assembling , your majesty vvill not only meet vvith a complyance in the supply your majesty desires , but vvithall such farther assistance as the posture of your majesties affaires shall require ; in confidence vvhereof vve hope your majesty vvill be encouraged in the mean time to speak and act such things as your majesty shall judge necessary for attaining those great ends , as ye have formerly represented to your majesty . and now the money bill being passed both houses , and the french having by the surrender of cambray also to them , perfected the conquest of this campagne , as was projected , and the mony for further preparations having been asked , onely to gain a pretence for refusing their addresses , the houses were adjourned april the th , till the of may next . and the rather , becuase at the same moment of their rising , a grand french ambassador was coming over . for all things betwixt france and england moved with that punctual regularity , that it was like the harmony of the spheres , so consonant with themselves , although we cannot hear the musick . there landed immediately after the recesse , the duke of crequy , the arch-bishop of rheims , monsieur barrillon , and a traine of three or four hundred persons of all qualities , so that the lords spirituall and temporall of france , with so many of their commons , meeting the king at nevv-market , it looked like another parliament , and that the english had been adjourned , in order to their better reception . but what addresse they made to his majesty , or what acts they passed , hath not yet been published . but those that have been in discourse were , an act for continuing his majesties subjests in the service of france . an act of abolition of all claymes and demandes from the subjests of france , on account of all prizes made of the english at sea , since the year till that day , and for the future . an act for marring the children of the royal family to protestants princes . an act for a further supply of french mony . but because it appears not that all these , and many others of more secret nature , passed the royall assent , it sufficeth thus far to have mentioned them . onely it is most certain , that although the english parliament was kept aloofe from the businesse of war , peace , and alliance , as improper for their intermedling , & presumptuous . yet with these estates of france all these things were negotiated and transacted in the greatest confidence . and so they were adjourned from nevv-market to london , and there continued till the return of the english parliament , when they were dismissed home with all the signes and demonstrations of mutuall 〈◊〉 . and for better preparations at home , before the parliament met , there was printed a second packet of advice to the men of shaftsbury , the first had been sold up and down the nation , and transmitted to scotland , where of them were printed at edenburgh : and copyes sent from thence to england fariely bound up and guilded , to shew in what great estmiation it was in that kingdome ; but this , the sale growing heavy , was dispersed as a donative all over england , and it was an incivilty to have enquired from whence they had it , but it was a book though it came from hell , that seemed as if it dropped from heaven , among men , some imagined by the weight and the wit of it , that it proceeded from the two lords , the black and the white , who when their care of the late sitting was over , had given themselves caviere , and after the triumphs of the tongue , had establish those trophes of the pen , over their imprisoned adversaries . but that had been a thing unworthy of the frechvvellian generosity , or trerisian magnanimity ; and rather besits the mean malice of the same vulgar scribler , hired by the conspirators at so much a sh●…t , or for day wages ; and when that is spent , he shall for lesse mony blaspheme his god , revile his prince , and belye his country , if his former books have omitted any thing of those arguments ; and shall curse his own father into the bargain . monday , may . . the parliament met according to their late adjornment , on , and from april th . to may , , . there was no speech from the king to the parliament , but in the house of commons . this meeting was opened with a verball message from his majesty , delivered by secretary coventry , wherein his majesty acquainted the house , that having according to their desire in their answer to his late message april th . driected their adjournment to this time , because they did alledge it to be unparliamentary to grant supplyes when the house was so thin , in expectation of a speedy adjournment ; and having also issued out his proclamation of summons to the end there might be a full house , he did now expect they would forthwith enter upon the consideration of his last message , and the rather , because he did intend there should be a recesse very quickly . upon this it was moved , that the kings last message ( of april . ) and the answer thereto should be read and they were read accordingly . thereupon , after a long silence , a discourse began about their expectation , and necessity of alliances . and particularly , it was intimated that an alliance with holland was most expedient , for that we should deceive our selves if we thought we could be defended otherwise , we alone could not withstand the french , his purse and power was too great . nor could the dutch withstand him . but both together might . the general discourse was , that they came with an expectation to have allyances declared , and if they were not made so as to be imparted , they were not called or come to that purpose they desired , and hoped to meet upon , and if some few dayes might ripen them , they would be content to adjorn for the mean time . the secretary and others said , these allyances were things of great weight , and 〈◊〉 , and the time had been short , but if they were finisht , yet it was not convenient to publish them , till the king was in a readinesse and posture to prosecute and maintain them , till when his majesty could not so much as speak out , insisting on his words , that vvithout l. it vvould not be possible for him to speak or act those things vvhich should ansvver the ends of their several addresses , vvithout exposing the kingdom to much greater dangers . by others it was observed and said , that they met now upon a publick notice by proclamation , which proclamation was in pursuance of their last addresse , in which addresse they desire the king they may adjourn for such time , as with in which ( they hoped ) allyances might be fixed , so as to be imparted , they mentioned not any particular day , if his majesty had not thought this time long enough for the purpose , he might have appointed the adjournment for a longer time ; or he might have given notice by proclamation that upon this account they should re-adjourn to a yet longer time . but surely , the time has been sufficient , especially considering the readiness of the parties to be allyed with ; it is five weeks since our 〈◊〉 . he that was a minister chiefly imployed in making the tripple ●…ague , has since published in print that , that league was made in sive dayes , and yet that might well be thought a matter more tedious and long then this ; for when people are in profound peace ( as the dutch then were ) it was not easy to embark them presently into leagues . they had time and might take it for greater deliberation . but here the people are in the distresse of war , and need our allyance , and therefore it might be contracted with ease and expidition , were we as forward as they . neither is five weeks the limit of the time , that has been for this purpose , for it is about ten weeks since we first addressed for these allyances . and as to the objection , that it was not fit to make them known before preparation were made , they said , the force of that lay in this , that the french would be allarmed . but they answered that the asking and giving money for this purpose would be no lesse an allarm . for the french could not be ignorant of what addresses and answers have passed ; and if mony be granted to make warlike preperations , for the end therein specified , it is rather a greater discovery and denouncing of what we intended against the french. grot●…us ( de jure belli & pacis ) saies , if a prince make extraordinary preparations , a neighbour prince who may be affected by them may expostulate , and demand an account of the purpose for which they are intended , and if he receive not satisfaction , that they are not to be used against him , it is a cause of war on his part , so as that neighbour may begin if he think fit , and is not bound to stay till the first preparer first begin actuall hostility , and this is agreeable to reason , and the nature of government . now the french king , is a vigilant prince , and has wise ministers about him , upon which general account ( tho we had not as we have seen an extraordinary french embassy here dureing our recesse ) we should suppose that the french king has demanded an account of our kings purpose , and whether the extraordinary preparations that are begun and to be made are designed against him or not . in which case his majesty could give but one of three answers . . to say , they are not designed against him , and then his majesty may acquaint us with the same , and then there is no occasion of our giving money , . to say , they are designed against him , in which case his majesty may very well impart the same to us . for it were in vain to conceal it from us , to the end that the french might not be allarmd , when it is before expresly told the french , that the design was against him . . to give a doubtfull answer . but that resolves into the second . for when a prince out of an apprehension that extraordinary preparations may be used against him , desires a clear categoricall and satifactory answer concerning the matter ( as the manner of princes is ) a dubious answer does not at all satisfie his inquiry , nor allay his jealousy ; but , in that case it is , and is used , to be taken and understood , that the forces are desined against him . and if his majesty have given no answer at all ( which is not probable ) it is the same with the last . so that this being so , by one meanes or other the french have the knowledge of the kings purpose , and if it be known to , or but guessed at by hem , why is it concealed from his parliament ? why this darknesse towards us ? besides we expect not so much good as we would , so long as we are afraid the french should know what we are a doing . in this state of uncertainty , and un●…ipeness the house adjourned to wednesday morning nine a clo●…k , 〈◊〉 first ordred the committe for the bill for recalling his majesties subjects out of the service of the french king , to sit this after-noon , which did sit accordingly , and went thorough the bill , wednesday , may d . . his majesty sent a message for the house to attend him presently at the banqueting house in white-hall , where he made the following speech to them . gentlemen , i have sent for you hither , that i might prevent those mistakes and distrusts vvhich i find some are ready to make , as if i had called you together , only to get money from you , for other uses than you vvould have it imployed . i do assure you on the word of a king , that you shall not repent any trust you repose in me , for the safety of my kingdoms ; and i desire you to believe i vvould not break my credit vvith you , but as i have already told you , that it vvill not be possible for me to speak or act those things vvhich should ansvver the ends of your several addresses , vvithout exposing my kingdoms to much greater dangers , so i declare to you again , i vvill neither hazard my ovvn safety , nor yours , until i be in a better condition than i am able to put my self , both to defend my subjects and offend my enemies . i do further assure you , i have not lost one day since your last meeting , in doing all i could for your desence ; and i tell you plainly , it shall be your fault and not mine if your security be not sufficiently provided for . the commons returning to their house , and the speech being there read , they presently resolved to consider it , and after a little while resolved into a committee of the whole house , for the more full , free , and regular debate the secretary and others propounded the supplying the king , wherein they said they did not press the house , but they might do as they pleased . but if it be expected that allyances be made , and made known , there must be l ▪ raised to make preperation before , for the king had declared that without it , it could not be possible for him to speak or act ; he could not safely move a step further . the king had the right of making peace , war , and leagues , as this house has of giving money , he could not have money without them , nor they allyance without him . the king had considered this matter , and this was his judgment , that he ought by such a summe to be put into a posture to maintain and prosecute his allyance , before they could or should be declared , and truely otherwise our nakednesse and weaknesse would be exposed . t is true as has been objected , the asking and giving money for this purpose , would allarm as much as the declaring alliance , but then it would defend too . a whip will allarm a wild beast , but it will not defend the man , a sword will allarm the beast too , but then it will also defend the man. we know the king would strip himself to his shirt rather then hazard the nation . he has done much already , he has set out , and made ready to set out , ships , but they must be distributed to several places for convoys , &c. their would need , it may be more in a body . and it is difficult to get seamen , many are gon into the service of the french , dutch , &c , the king is fain to presse now . the king has not had any fruit of the l. credit provided him upon the three years excise , he has tryed the city to borrow money of them , thereupon , and my lord mayor returned answer , that he had endeavoured but could not encourage his majesty to depend upon the city for it . several others , somewhat different , spake to this effect . we should consider in this case , as in the case of the kings letters , pattents , proclamations , &c. if any thing in them be against law and reason , lawyers and courts , judge is void , and reckon it not to be said or doneby the king. for the king can do no vvrong , tho his counsel may . so we must look upon the kings speeches and messages as the product of counsel , and therefore if any mistake be therein , it must be imputed to the error of his counsel , and it must be taken that the king never said it . now to apply certainly the treating and concluding of alliances , requirs , not a previous summe of mony , however the kings counsel may misinform . they may be propounded and accepted , by the meanes of the forraign ministers , even without an embassy to be sent hence , and yet if that were requisite , it were not an extraordinary charg . allyances may be made forthwith , and then mony would be granted forthwith ; if they were declared to day , the l. should be given to morrow , and as occasion should require . and there is no fear but money would be found for this purpose , our own extravagancies would maintaine a war. the mony which has been provided the king already this session , is sufficient for all preparations that can possibly be made before these allyances may be made . forty ships of ours with the help of the dutch , are a good defence against the french at sea , now he is so entangled with 〈◊〉 , the west indies , &c , in the tripple league , it was stipulated , that forty of our ships , and forty of the dutch , should be provided , and they were thought sufficient for the purpose . if it were required that more ships should be s●…t out , l is enough to maintain and pay a whole year clear for the carpenters work , and such like as should presently be required , for the fitting them to go out a little money will serve . and surely this is the only preparation that can be meant , for if it should be meant , that we ●…ould fortisie the land with 〈◊〉 , garrisons , 〈◊〉 towns , &c. it is not millions will do it . but our strength , force and defence , is our ships , for the debate of this day it is as great and weighty as ever was any in england it concerns our very being , and includes our religion , liberty and property ; the doore tovvards france must be shut and garded , for so long as it is open our treasure and trade vvill creep out and their religon creep in at it , and this time is ou●… season , some mischief will be done us , and so there will at any time when the war is begun , but now the least . the french is not very dangerous to us , no●… to be much feared by us at this present , but we ought to advise and act so now , as we may not fear or despair hereafter when the french shall make peace beyond sea , and likely he will make allyances with those people with whom we deferr to make them ; how ripe and great is ou●… misery then ? the power and policy of the french is extraordinary , and his money influences round about him . we are glad to observe upon what is said by & of the king , that his majesty agrees with us in the end , and we hope he will be convinced of the reasonableness of the means , which is to make and follow these allyances , without which plainly we can give no account to our selves , or those we represent , of giving money . we have made severall addresses about some of the kings ministers , their management , &c. of which we have seen little fruit , their have continually almost to this hour gone out of england succours to france , of men , powder , ammunition , ordnance , &c. not to take into the matter , how far the ministers have been active or passive in this , nor to mention any other particulars , we must say that unless the ministers , or their minds are altred , we have no reason to trust money in their hands , though we declare we have no purpose to arrign or attempt upon them , but would rather propose to them an easy way how they might have oblivion , nay , and the thanks of the people viz. that they should endeavour and contend , who could do most to dispose the king to comply with this advice of his parliament . we think the prosecuting these alliances , the only good use for which our money can be imployed , and therefore before we give , we would be secure it should be applyed to this purpose , and not by 〈◊〉 ●…lls be diverted to others . this 〈◊〉 〈◊〉 〈◊〉 counsel of the parliament , and no cros●… other counsel is to be 〈◊〉 or trusted , for attaining these great advices which the king and parliament are 〈◊〉 〈◊〉 . to part with money before allyances are made , is needlesse and to no purpose , at best it would be the way to spend that money before hand , in vaine , which we shall need hereafter , when we shal be forced to enter into this defence against france . it would be like an errour committed in the late kings time , and which lookes as if men had given counsel on purpose to destroy that good king , he had by the care and faithfullnesse of bishop juxton and others , collected and preserved a good summe of mony before the scottish rebellion , in one thousand six hundred thirty nine , upon that rebellion he was advised to raise an army at land , which indeed was necessary , but he was likewise advised to set out severall of his great rate 〈◊〉 , this appeared in the papers of sir robert 〈◊〉 office , and may there be seen still , if the papers are not 〈◊〉 . a ma●… 〈◊〉 not tell to what end this advise was given , unlesse to spend the kings money , for the admiralty of scotland is not now , and much lesse then was so considerable , as to require any such force against it . and if the design were to hinder thei●… co●…erce and succours by sea , the charg of one of those great ships might have been divided and applied to the setting out five or six lesse ships , each of which was capable of doing as much for that service , as such a great one , and could keep out at sea longer . it is a plain case , unless the power of france be lowred we cannot be safe , without conjunction with other confederates , it cannot be done . the question is , whether the present be the proper time for th●… work . certainly it is , there is a happy confederation against the french , which we cannot so well hope to have continued without our coming into it , much less can we hope to recover or recruite it , if once broken . the very season of the year favours the businesse . it is proper and safe to begin with the french in the summer , now he is engaged and not at leisure , whereas in winter when the armies are ●…wn out of the field he will be able to apply himself to us . as to the citizens not advancing mony upon the late cerdit , we are informed they were never regularly or effectually asked , my lord major indeed was spoken to , and perhaps some of the aldermen , but all they are not the city , he sent about curiously to some of the citizens , to know if they would lend , of which they took little or no notice , it being not agreeable to their way and usage , for the custom in such cases has always been , that some lord of the council did go down 〈◊〉 ●…he common counsell , which is the representative body of the city , and there propound the matter . besides in this particular case the citizens generally asked the same question we do : are the alliances made , and said if they were made they would lend money , but if not , they saw no cause for it . philip the second of spaine made an observation in his will , or some last memorial , and 't is since published in print by monsieur , he observes the vanity of any princes aspiring at the universal monarchy , for that it naturally made the rest of the world joyntly his enemies , but ambition blinds men , suffers them not to look back on such experiences . but this observation shews what is natural for others to do in such a case , and that the way to repell and break such a design , is by their universall confederation . philip the second was most capable of making this observation , for in his hands p●…ed the spanish design of the universal monarchy , and that chiefly by reason of the conjunction of the english and dutch against him . in the process of this debate , gentlemen did more particularly explain themselves , and propound to address their design to the king , for a league offensive and defensive , with the dutch against the french power . against which a specious objection was made , that the dutch , were already treating with the french , and 't was like they would slip collar , make a separate peace for themselves and leave us engaged in a war with france . to which was answered , that there was no just fear of that , the dutch were interessed in repressing the power of france as well as we , and they knew their interest ; it was reasonable for them to say , if england , which is as much concerned in this danger , will not assist us , we will make the best terms we can for our selves , there is yet a seam of land between the french and us , we may trade by or under them , &c. but if england will joyn with the dutch , they cannot find one syllable of reason to desert the common cause . they have observed a propensity in the people of england to help them , but not in the couurt of england . if they can find that the court does heartily joyn , it will above all things oblige and confirm them . in one thousand six hundred sixty seven , when the dutch were in peace and plenty , when flanders was a greater bullwork to them , for the french had not pierced so far into it , and when the direction of their affaires was in a hand of in●… enmity to the crown of england ( john de witt ) yet 〈◊〉 th●… interest did so far govern him and them , as to en●… 〈◊〉 tripple league , against the growth and power of 〈◊〉 〈◊〉 more , and most certainly therefore now 〈◊〉 〈◊〉 and weakened by a war , and stand in need of our help , now the french have approached nearer the b●…ink of their country , and are encreased in naval force to the danger of their trade and navigation , and now their affaires are chiefly directed by a kinsman of the crown of england , the prince of orange , they cannot deflect or start from a league they make with us against our common enemy . it was moved , that there might be a league offensive and defensive with spain and the dutch , and other convenient allyances with the rest of the confederates , but the particular concerning spain , was retracted and laid aside by the general discourse of the members to this purpose , we do covet an allyance with spain above others , for that they are owners of the netherlands , for whose preservation we have addressed , that it is with spain that we have the most , if not the only profitable trade , and the spaniards are good , gallant and sure friends . but they are remote , and we know not whether there are full powers here or at brussels for this matter , and to wait for their coming from madrid would make church-work , whereas we need the swiftest expedition . therefore they voted their address to be particular and expresly for such a league with the dutch , and as to the spaniards together with the other confederates in general . this passed with very general consent , there was an extraordinary full house , and upon putting the question , there were but two negative voices to it . there were more ordinary particulars appointed to be in the address , but no contest or debate about them . the vote was as followeth ; resolved that an addresse be made to the king , that his majesty vvould be pleased to enter into a league , offensive and defensive , vvith the sates general of the vinited provinces , and to make such other alliances vvith others of the confederates , as his majesty shall think ●…it , against the grovvth and povver of the french king , and for the preservation of the spanish nether-lands , and that a committe be appointed to dravv up the addresse , vvith reasons vvhy this house cannot comply vvith his majestics speech , until such alliances be 〈◊〉 into , and further shevving the necessity of the speedy making such alliances , and vvhen such alliances are made , giving his majesty assurance of speedy and chearfull supplyes , from time to time , for supporting and maintaining such alliances . to which ( the speaker re-assuming the chair , and this being reported ) the house agreed , and appointed the committee . and adjourned over as●…nsion day till friday , in the interim , the committee appointed , met and drew the address according to the above mentioned order , a true coppy of which is here annexed . may it please your most excellent majesty . your majesties most loyal and dutiful subjects , 〈◊〉 commons in parliament assembled , have taken into their serious consideration , your majesties gracious speech and do beseech your majesty , to believe it is a great affliction to them , to find themselves obleiged ( at present ) to decline the granting your majesty the supply your majesty is pleased to demand , conceiving it is not agreeable to the usage of parliament , to grant supplyes for mainteance of wars , and alliances , before they are signified in parliament ( which the too wars against the states of the vnited provinces , since your majesties happy restoration , and the league made in january , for preservation of the spanish nether lands , sufficiently proved , without ling your majesty with instances of greater antiquity ) from which usage if we might depart , the president might be of dangerous consequence in future times , though your majesties goodnesse gives us great security during your majesties raign , which we beseech god long to continue this consideration prompted us in our last addresse to your majesty , before our last recesse , humbly to mention to your majesty , our hopes , that before our meeting again your majesties alliances might be so fixed , as that your majesty might begraciously pleased to impart them to us in parliament , that so our earnest desires of supplying your majesty , for prosecuting those great ends , we had humbly laid before your majesty , might meet with no impediment or obstruction ; being highly sensible of the necessity of supporting , as well as making the alliances , humbly desired in our former addresses , and which we still conceive so important to the safety of your majesty , and your kingdomes , that we cannot ( without unfaithfulnesse to your majesty and those we represent ) omit upon all occasions , humbly to beseech your majesty , as we now do , to enter into a league offensive and defensive vvith the states general of the united provinces , against the grovvth and povver of the french king , and for the preservation of the spanish nether-lands , and to make such other alliances , vvith such other of the confiderates , as your majesty shall think fit and usefull to that end ; in doing which ( that no time may be lost ) we humbly offer to his majesty these reasons for the expediting of it . . that if the entering into such alliances , should draw on a war with the french king , it would be lest detrimental to your majesties subjects at this time of the year , they having now fewest effects , within the dominion of that king. . that though we have great reason to believe the power of the french king to be dangerous , to your majesty and your 〈◊〉 , when he shall be at more leisure to molest us ; yet we conceive the many enemies he has to deal with at present , together with the scituation of your majesties kingdoms , the unanimity of the people in the cause , the care your majesty hath been pleased to take of your ordinary guards of the sea , together with the credit provided by the late act for an additional excise for three years make the entering into , and declaring alliances very safe , until we may in a regular way give your majesty such further supplies , as may enable your majesty to support your allyances , and defend your kingdoms . and because of the great danger and charge which must necessarily fall upon your majesties kingdomes , if through want of that timely encouragement and assistance , which your majesties joyning with the states general of the united provinces , and other the confederates would give them , the said states or any other considerable part of the confederates , should this next winter , or sooner , make a peace or truce with the french king ( the prevention vvhereof must 〈◊〉 be acknovvledged a singular effect of gods goodness to us ) which if it should happen , your majesty would be afterwards necessitated with fewer , perhaps with no alliances or assistance to withstand the power of the french king , which hath so long and so succesfully contended with so many , and so potent adversaries , and whilest he continues his over-ballancing greatness , must alwayes be dangerous to his neighbours , since he would be able to oppress any one confederate , before the rest could get together , and be in so good a posture of offending him as they novv are , being joyntly engaged in a war. and if he should be so successful as to make a peace , or 〈◊〉 the present confederation against him , it is much to be feared , whether 〈◊〉 would be possible ever to reunite it , at least it would be work of so much time and difficulty , as would leave your majesties kingdomes exposed to much misery and danger . having thus discharged our duty , in laying before your majesty the dangers threatning your majesty , and your kingdomes , and the onely remedyes we can think of , for the preventing , securing , and queting the minds of your majesties people , with some few of those reasons which have moved us to this , and our former addresses . on these subjects ; we most humbly beseech your majesty to take the matter to your serious consideration , and to take such resolutions , as may not leave it in the power of any neighbouring prince , to rob your people of that happinesse which they enjoy , under your majesties gracious governement ; beseeching your majesty to ●…fident and assured , that when your majesty shall be 〈◊〉 to declare such alliances in parliament , we shall hold our selves obliged , not only by our promises , and assurances given , and now which great unaninity revived in a full house , but by the zeal and desires of those whom we represent , and by the interests of all our safetyes , most chearfully to give your majesty from time to time such speedy supplyes , and assistances , as may fully and plentifully answer the occasions , and by gods blessing preserve your majesty honour , and the safty of the people . all which is most humbly submitted to your majesties great wisdome . friday may th . sir john trevor reported from the said committee the addresse , as 't was drawn by them , which was read . whereupon it was moved to agree with the committee , but before it was agreed to , there was a debate and division of the house . it was observed and objected that there was but one reson given herein for declining the granting money and that is the unpresidentednesse , and as to one of the instances to this purpose mentioned , viz. the kings first dutch war , it was said to be mistaken for that the l. was voted before the war declared . but it was answred , that if the declaration was not before the grant of the money ( which quaere ) yet 't was certain that the war it self , and great hostilites were before the money , and some said there might be other reasons assigned against giving money before the alliances , but they rather desired to spare them , onely in general said , t was not resonable to grant money before there was a change ( they 〈◊〉 not say of counsellors but of counsells ) and an har●…●…dertaking these alliances would be the best demonstration of that change. for the swerving from this interest and part , was the step by which we went awry , and the returning thereto would restore us to our right place and way . and a gentleman produced and read the kings speech made monday the th . of february . wherein he speak chiefly of the league which afterwards when the svvede came into it , was called the tripple league . my lords and gentlemen , i am glad to see you hear again to tell you what i have done in this intervall , which i am consident you will be pleased with , since it is so much to the honour and security of the nation . i have made a league offensive and defensive with the states of the united provinces , and likewise a league for an efficacious mediation of peace between the two crowns , into which league that of svveden by its ambassador hath offered to enter as a principal , i did not at our last meeting move you for any aid , though i lye under great debts contracted by the last war but now the posture of our neighbours abroad , and the consequence of this new alliance will oblige me for our security to set out a considerable fleet to sea this summer , and besides i must build more great ships , and t is as necessary that i do something in order to the fortifying some of our ports . i have begun my self in order to these ends , but if i have not your speedy assistance , i shall not be able to go thorow with it , wherefore i do earnestly desire you to take it into your speedy consideration , &c. which shews the proper course and practice , that kings first communicate their alliances made , before they demand supplies upon the account of them . so the exception was let fall . but the grand objection mannaged against it , was upon the main point of the address , wherein they desired his majesty to make a league offensive and defensive with the dutch , and such other alliances with the rest as he should think sit . those who were against this particular ( or particularizeing ) in the address , spoke to this effect . this is an invasion upon his majesties prerogative of making peace , war and leagues , and it is the worse for the distinction that is used ; in respect of the dutch and the rest ; by which you giving him express directions as to the dutch , and referring to his discretion as to the others , it looks and gives an umbrage as if what he was to do was by your leave . the antient land-mark , the boundaries between king and people must not be removed ; this power is one of the few things reserved entirely to the crown . parliaments are summoned to treat de arduis , but he , de quibusdam arduis , this is unpresidented . the marriages of the royal family is such a peculiar thing reserved to the king , and the matter of the lady arrabella is an instance . queen elizabeth resented it high , that the parliament should propound her marrying , and she said that however it is well they did not name the person , if they had named the person , it had been intolerable , now here you name the person whom you would have the king ally . if you may go so far , you may come to draw a treaty , and propose to the king to sign it , by this you would put a great indecorum upon the king , he is now concerned as a mediator at nimmegen , and it would be an indecent thing for him at the same time to declare himself a party . it is believed the house of austria ( though they sent full powers to nimmegen , for the purpose , yet ) never intended to conclude a peace . but it was an absurd thing for them to declare so in publick ; there must be publick decorum . this is the way for the king to have the worse bargain with the confederates , for they observing how he is importuned , and as it were driven to make these alliances , will slacken and lessen those advantagious offers , which other wise they would be forced to make . and again and again , they said his majesty did agree with this house in the end , and they did not doubt but he would prosecute it by the same means as was desired . but his prerogative was not to be incroacht upon . this manner of proceeding would never obtain with the king , nay , it would make the address miscarry with the king. on the other side , several spoke to this effect . we ought to consider , we are upon the question of agreeing an address drawn by our committee , by our order . if they have not in matter and manner corresponded with our direction or intention , we have cause to disagree . but here the exception taken , and cause pressed why we should not agree with them is , because they have observed the very words and substance of our order , which exactly justifieth this draught . this passed on wednesday , upon a full debate , in a very full house , two only contradicting , but not one speaking or thinking the kings prerogative was toucht : and therefore its strange it should be made the great objection and question of this day . but the prerogative is not at all intrenc●…d upon , we do not , nor do pretend to treat or make alliances , we only offer our advice about them , and leave it with the king he may do as he pleaseth , either make or not make them . it is no more than other persons may do to the king , or doubtless the privy council may advise him in this particular , and why not his great council ? this rate of discourse would make the kings prerogative consist meerly in not being advised by his parliament ( of all people . ) there are manifold presidents of such advices : leagues have been made by advice of parliament , and have been ratified in parliament : in edvv. . r●…ch . . and especially in henry the fifths time , and particularly with 〈◊〉 the emperour and king of the romans , and henry the fifth was a magnanimous prince and not to be ●…mposed upon . . jac. the parliament advised the king about making and mannaging a war , rushvv . coll. , , , , . and we may well remember our own advising the first dutch war ; and making leagues is less than war. but if there was no president in this particular case , it was no objection ; for matter of advice is not to be circums●…ribed by president . if there be a 〈◊〉 case that a prince should joyn in a war , together with another prince , when that prince was too potent before and that when this was discerned , and a peace made , yet succors should continually go out of the first princes dominions to the service of the other prince ( and that notwithstanding several addresses and advices to the contrary . t is true ( as objected ) that the commons have sometimes declined advising in the matter of war , &c. proposed to them . but that shews not their want of right to meddle therewith , but rather the contrary . the very truth is , it has been the desire and endeavour of kings in all ages , to engage their parliaments in advising war , &c. that so they might be obliged to supply the king to the utmost for and through it , but they out of a prudent caution have some times waved the matter , lest they should engage further or deeper than they were aware or willing . since his majesty is treating as mediator at nimmegen , about the general peace , it is a great reason why he should specifi●… the alliances desired as we have done , that we might make it known , we are far from desiring such alliances as might be made by and with a general peace ; but on the contrary coveting such as might prevent and secure us against that dangerous and formidable peace . doubtless the confederates will offer honourable and worthy terms ; their necessity is too great to boggle or take advantages , nor will they think this league the less worth because we advise it , but rather value it the more , because it is done unanimously by the king with the advise and applause of his people in parliament . we cannot suppose that our proceeding thus to his majesty will pejudice our address or endanger its miscarriage since it is for his majesties advantage , in that it obliges us to supply him to all degrees through this affaire , and the more particular it is , the more still for the kings advantage , for if it had been more general , and the king thereupon had made alliances , whatever they were , men might have thought and said they were not the alliances intended , and it might be used as an excuse or reason for their not giving money to supply his majesty hereafter , but this as it is now , doth most expresly , strictly and particularly bind us up . we reflect that a great deal of time ( and precious time ) has been spent since and in our addresse on this subject , and finding no effectual fruit , especially of our last addresse , we have cause to apprehend we are not clearly understood in what we mean. now it is the ordinary way of pursuing discourse in such case , and it is proper and naturall for us to speak ( out ) more explicitely and particularly , and tell 〈◊〉 majesty , that what we have meant is a league offensive and defensive , and to perswad us again to addresse on , in more general terms , as before , is to perswade us , that as we have done nothing this ten weeks , so we should do nothing still . and said his majesty in his late message and last speech , has been pleased to demand l. for answering the purpose of our addresses , and assures us that the money shall not be imployed to other uses than we would have it imployed , it is most seasonable for us to declare plainly the use and purpose we intend , that so it may be concerted and clearly understood of all hands , and therefore it is well done to mention to his majesty these express alliances , we thinking no other alliances , worth the said sum , and we withal promising and undertaking that his majesty shall have this and and more for these ends . nor have we any cause to apprehend that his majesty will take amisse our advising leagues in this manner . we have presented more than one addresse for alliances against the growth and power of the french king , and his majesty has received , admitted and answered them without any exception , and if we may addresse for alliances against a particular prince or state , why not for alliances with a particular prince or state ? it cannot be lesse regular or parliamentary then the former . and moreover ( though we know that punctuall presidents are on our side , besides our commissions by our writts . to treat de arduis , & urgentibus regem , statum , & defensionem reg●… , & 〈◊〉 anglicanae , concernentibus . and besides the kings general intimations in his printed speech , yet ) if it ●…e said to be a decent and proper thing to have his majestys 〈◊〉 and consent , before we proceed on such a matter , in such a manner , as we now do , we say , that that in effect is with us too ; for consider all our former addresses , and his majestyes answers , and messages thereupon , and it will appear that his majesty has engaged and encouraged us to upon this subject ; and that which he expects and would have , is not to limit or check our advise , but to open and en●… our 〈◊〉 . his majesty appears content to be throughly advised , provided he be proportionably furnished and enabled with money , which we being now ready to do , we clearly and conclusively present him our advice , for the application of it . to prevent those mistakes and distrusts vvhich his majesty sayes he findes some are so ready to make , as if he had called us together only to get money from us , for other uses then vve vvould have it imployed . and truly the advising these allyances , together with assuring his majesty thereupon to assist and supply him presently , and plentifully to prosecute the same , is our only way of complying and corresponding with his last speech : for those leagues followed and supported by these supplyes are the only means and methodes to put his majestie in the best condition , both to defend his subjects , and offend his enemies : and so there will be no sault in his majesty nor us , but his and our security vvill sufficiently provide for . besides it will be worse , it will be a very bad thing indeed not to make the addresse for this particular league , now , since we have resolved it already . our intention being to have the dutch , &c. comforted , encouraged and assured , we did order this on wednesday , and there is publick notice taken of it abroad , and beyond sea. if we should now up-upon solemn debate set the same aside , it would beget a great doubt , discomfort , and discouragment to them ; it is one thing never to have ordered it ; another , to retract it . also it was said , that this was necessary , but was not all that was necessary , for suppose ( which was not credible ) that france should be prevailed with to deliver up all lorraine , flanders , alsatia , and other conquered places ; are we safe ? no , he has too many hands , too much money , and this money is in great measure ( a million sterling yearly at least ) supplyed him from hence . we must depress him by force as far as may be , but further we must have leagues and laws to impoverish him , we must destroy the french trade . this would quiet and secure us , this would make our lands rise , and this would enable us to set the king at ease . after this long debate the house came to the question , whether this particular of a league offensive and defensive vvith the dutch should be left out of the address , upon which question , the house divided , yeas , noes . so that it was carried by forty that it should stand . then the main question was put for agreeing , with their committee , this address : which passed in the affirmative without division of the house . then it was ordered , that those members of the house who were of his majestys privy counsel , should move his majesty to know his pleasure , when the house might wait upon him with their address . mr. povvle reported from the committee , amendments to the bill for recalling his majestys subjects out of the french kings service , which were read and agreed to by the house and the bill with the amendments ordered to be ingrossed . and then the house adjourned to the morrow . saturday , may , in the morn . the house being sate had notice by secretary coventry that the king would receive their address at three in the afternoon . the bill for recalling his majesties subjects , &c. being then ingrossed , was read the third time and passed ; the effect of the bill in short was this . that all and every of the natural born subjects of his majesty who should continue or be , after the first of august next , in the military service of the french king , should be disabled to inherit any lands , tenements or hereditaments , and be uncapable of any gift , grant or legacy , or to be executor or administrator , and being convicted , should be adjudged guilty of felony , without benefit of the clergy , and not pardonable by his majesty , his heirs or successors , except only by act of parliament , wherein such offenders should be particularly named . the like appointment for such as should continue in the sea-service , of the french king , after the first of may , . this act as to the prohibiting the offence , and incurring the penalties , to continue but for two years , but the executeing and proceeding upon it for offences against the act , might be at any time , aswell after as within the two years . then it was ordered , that mr. povvle should carry up this bill to the lords , and withall should put the lords in mind , of a bill for the better suppressing the grovvth of popery , which they had sent up to their lordships before easter , which was forth with done accordingly . as soon as this was ordered , several other bills were moved for to be read , &c. but the members generally said , no. they vvould proceed on nothing but the french and popery . so they adjourned to the afternoon , when they attended the king with their address , at the banqueting house in white-hall . which being presented , the king answered , that it was long and of great importance , that he would consider of it , and give them an answer as soon as he could . the house did nothing else but adjourn till monday morn . monday , may , . the house being sate , they received notice by secretary coventry , that the king expected them immediately at the banqueting-house . whether being come , the king made a speech to them on the subject of their address . which speech to prevent mistakes , his majesty read out of his paper , and then delivered the same to the speaker . and his majesty added a few words about their adjournment . the kings speech is as followeth ; gentlemen , could i have been silent , i vvould rather have chosen to be so then to call to mind things so unfit for you to meddle vvith , as are contained in some parts of your last addresses , vvherein you have entrenched upon so undoubted a right of the crovvn , that i am confident it vvill appear in no age ( vvhen the svvord vvas not dravvn ) that the prerogative of making peace and war hath been so dangerously invaded . you do not content your selves vvith desiring me to enter into such leagues , as may be for the safety of the kingdome , but you tell me vvhat sort of leagues they must be , and vvith vvhom , ( and as your addresse is vvorded ) it is more liable to be understood to be by your leave , then at your request , that i should make such other alliances , as i please vvith other of the confederates . should i suffer this fundamental povver of making peace and war to be so far invaded ( though but once ) as to have the manner and circumstances of leagues prescribed to me by parliament it 's plain that no prince or state vvould any longer believe that the soveraignty of england rests in the crovvn , nor could i think my self to signifie any more to foreign princes , then the empty sound of a king. wherefore you may rest assured , that no condition shall make me depart from , or lessen so essential a part of the monarchy . and i am vvilling to believe so vvell of this house of commons , that i am confident these ill consequences are not intended by you . these are in short the reasons , vvhy i can by no means approve of your address ; and yet though you have declined to grans me that supply vvhich is necessary to the ends of it , i do again declare to you , that as i have done all that lay in my povver since your last meeting , so i vvill still apply my self by all the means i ●…an , to let the world see my care both for the security and satisfaction of my people , although it may not be vvith those advantages to them , vvhich by your assistances i might have procured . and having said this , he signified to them that they should adjourn till the th . of july . upon hearing of this speech read , their house is said to have been greatly appalled , both in that they were so severely checked in his majesties name , from whom they had been used to receive so constant testimones of his royal bounty and affection , which they thought they had deserved , as also , because there are so many old and fresh presidents , of the same nature ; and if there had not , yet they were led into this by all the stepps of necessity , in duty to his majesty and the nation . and several of them offering therefore modestly to have spoken , they were interrupted continually by the speaker , contesting that after the kings pleasure signified for adjornment , there was no further liberty of speaking . and yet it is certain , that at the same time in the lords house , the adjournment was in the 〈◊〉 forme , and upon the question first propounded to that house , and allowed by them ; all adjournments ( unlesse made by speciall commission under his majesties broad seal ) being and having alwaies been so , an act of the houses by their own authority . neverthelesse , several of their members requiring to be heard , the speaker had the confidence , without any question put , and of his own motion , to pronounce the house adjourned till the th . of july , and s●…pt down in the middle of the floor , all the house being astonished at so unheard of a violation of their inherent priviledge and constitution . and that which more amazed them afterwards was , that while none of their own transactions or addresses for the publick good are suffered to be printed , but even all written coppies of them with the same care as libells suppressed ; yet they found this severe speech published in 〈◊〉 next days news book , to mark them out to their own , and all other nations , as refractory disobedient persons , that had lost all respect to his majesty . thus were they well rewarded for their itch of perpetual sitting , and of acting ; the parliament being grown to that height of contempt , as to be gazetted among run-away servants , lost doggs , strayed horses , and high-way robbers . in this manner was the second meeting of this , whether convention or parliament , concluded ; but by what name soever it is lawfull to call them , or how irregular they were in other things , yet it must be confessed , that this house or barn of commons , deserved commendations for haveing so far prevented the establishment of popery , by rejecting the conspiratours two bills ; intituled . . an act for further securing the protestant religion by educating the children of the royal family therein ; and for the providing for the continuance of a protestant clergy . . an act for the more effectual conviction and prosecution of popish recusants . and for having in so many addresses applyed against the french power and 〈◊〉 . and their debates before recited upon this latter subject , do sufficently show , that there are men of great parts among them , who understand the intrest of the nation , and as long as it is for their purpose , can prosecute it . for who would not commend chastity , and raile against whoreing , while his rival injoyes their mistresse ? but on the other side , that poor desire of perpetuating themselves those advantages which they have swallowed , or do yet gape for , renders them so ●…bject , that they are become a meer property to the conspiratours , and must , in order to their continuance , do and suffer such things , so much below and contrary to the spirit of the nation , that any honest man would swear that they were no more an english house of parliament . and by this weaknesse of theirs it was , that the house of peers also ( as it is in contiguous buildings ) yeelded and gave way so far even to the shaking of the government . for had the commons stood firme , it had been impossible that ever two men , such as the black and white lords , trerise and frechvvel , though of so vast fortunes , extraordinary understanding , and so proportionable courage , should but for speaking against their sense have committed the four lords ( not much their inferiours ) and thereby brought the whole peerage of england under their vassalage . they met again at the day appointed , the of july , the supposed house of commons were so well appayed , and found themselves at such ease , under the protection of these frequent adjournments , which seemed also further to confirme their title to parliament , that they quite forgot how they had been out-lawed in the gazette , or if any sense or it remaind , there was no opportunity to discover it . for his majesty having signified by mr. secretary coventry his pleasure ; that there should be a further adjournment , their mr. seymour ( the speaker deceased ) would not suffer any man to proceed , but an honourable member requiring modestly to have the order read , by which they were before adjourned , he interrupted him and the seconder of that motion . for he had at the last meeting gained one president of his own making for adjourning the house without question , by his own authority , and was loath to have it discontinued , so that without more ado , like an infallible judge , and who had the power over counsels , he declared , ex cathedra , that they were adjourned till the third of december next . and in the same moment stampt down on the floor , and went forth ( trampling upon , and treading under foot , i had almost said , the priviledges and usage of parliament , but however ) without shewing that decent respect which is due to a multitude in order , and to whom he was a menial servant . in the mean time the four lords lay all this while in the tower , looking perhaps to have been set free , at least of course by prorogation . and there was the more reason to have expected one , because the corn clause which deducted communibus annis , i. out of the kings customes , was by the act of parliament to have expired . but those frequent adjournments left no place for divination , but that they must rather have been calculated to give the french more scope for perfecting their conquests , or to keep the lords closer , till the conspirators designes were accomplished ; and it is less probable that one of these was false , than that both were the true causes so that the lords , if they had been taken in war , might have been ransomed cheaper than they were imprisoned . when therefore after so long patience , they saw no end of their captivity , they began to think that the procuring of their liberty deserved almost the same care which others took to continue them in durance ; and each of them chose the method he thought most advisable . the earl of shaftsbury having addressed in vain for his majesties favour resorted by habeas corpus to the kings bench , the constant residence of his justice . but the judges were more true to their pattents then their jurisdiction and remanded him , sir thomas jones having done him double justice , answering both for himself and his brother tvvisden , that was absent and had never hard any argument in the case . the duke of buckingham , the earle of salisbury , and the lord wharton , had better fortune then he in recurring to his majesty by a petition , upon which they were enlarged , making use of an honorable evasion , where no legal reparation could be hoped for . ingratefull persons may censure them for enduring no more , not considering how much they had suffered . but it is honour enough for them to have been confessors , nor as yet is the earl of shaftsbury a martyr , for the english liberties and the protestant religion , but may still live to the envy of those that maligne him for his constancy . there remaines now only to relate that before the meeting appointed for the third of december , his majesties proclamation was issued , signifying that he expected not the members attendance , but that those of them about town may adjourn themselves till the fourth of april . wherein it seemed not so strange , because often done before , as unfortunate that the french should still have so much further leisure allowed him to compleat his design upon flanders , before the nation should have the last opportunity of interposing their counsells with his majesty ( it cannot now be said ) to prevent it . but these words that the house may adjourn themselves were very well received by those of the commons who imagined themselves thereby restored to their right , after master seymours invasion ; when in reversal of this , he probably desiring to retain a jurisdiction , that he had twice usurped , and to adde this flower to the crown , of his own planting , mr. secretary coventry delivered a written message from his majesty on the d. of december , of a contrary effect , though not of the same validity with the proclamation , to wit , that the houses should be adjourned only to the . of january . which as soon as read , mr. seymour would not give leave to a worthy member offerring to speak , but abruptly , now the third time of his own authority , adjourned them , without putting the question , although sr. j. finch , for once doing so in tertio charoli , was accused of high treason ; this only can be said , perhaps in his excuse , that whereas that in tertio car. was a parliament legally constituted , mr. seymour did here do as a sheriff that disperses a riotous assembly . in this manner they were kickt from adjourment to adjournment , as from one stair down to another , and when they were at the bottom kickt up again , having no mind yet to go out of doors . and here it is time to fix a period , if not to them , yet to this narrative . but if neither one prorogation , against all the laws in being , nor three vitious adjournments , against all presidents , can dissolve them , this parliament then is immortal , they can subsist without his majesties authority , and it is less dangerous to say with captain elsdon , so lately , si rebellio evenerit in regno , & non accideret fore , contra omnes tres status , non est rebellio . thus far hath the conspiracy against our religion and government been laid open , which if true , it was more than time that it should be discovered , but if any thing therein have been falsly suggested the disproving of it in any particular will be a courtesy both to the publick and to the relator ; who would be glad to have the world convinced of the contrary , tho to the prejudice of his own reputation . but so far is it from this , that it is rather impossible for any observing man to read without making his own farther remarkes of the same nature , and adding a supplement of most passages which are here but imperfectly toucht . yet some perhaps may object , as if the assistance given to france were all along invidiously aggravated , whereas there have been and are , considerable numbers likewise of his majesties subjects in the service of holland , which hath not been mentioned . but in answer to that , it is well known through what difficulty and hardship they passed thither , escaping hence over , like so many malefactors ; and since they are there , such care hath been taken to make them as serviceable as others to the design , that of those three regiments , two , if not the third also , have been new modelled under popish officers , and the protestants displaced . yet had the relator made that voluntary omission in partiality to his argument , he hath abundantly recompenced in sparing so many instances on the otherside which made to his purpose ; the abandoning his majesties own nephevv for so many years in compliance with his and our nations enemies , the further particulars of the french depradations and cruelties exercised at sea upon his majesties subjects , and to this day continued and tollerated without reparation ; their notorious treacheries and insolencies , more especially relating to his majesties affairs . these things abroad , which were capable of being illustrated by many former and fresh examples . at home , the constant irregularities and injustice from term to term , of those that administer the judicature betwixt his majesty and his people . the scrutiny all over the kingdom , to find out men of arbitrary principles , that will bovv the knee to baal , in order to their promotion to all publick commissions and imployments ; and the disgracing on the contrary and displacing of such as yet dare in so universal a depravation be honest and faithful in their trust and offices . the defection of considerable persons both male and female to the popish religion , as if they entred by couples clean and unclean into the ark of that church , not more in order to their salvation , than for their temporal safety . the state of the kingdom of ireland , which would require a whole volume to represent it . the tendency of all affairs and counsels in this nation towards a revolution . and ( by the great civility and foresight of his holyness ) an english cardinal now for several years prepared like cardinal poole to give us absolution , benediction , and receive us into apostolical obedience . it is now come to the fourth act , and the next scene that opens may be rome or paris , yet men sit by , like idle spectators , and still give money towards their own tragedy . it is true , that by his majesty and the churches care , under gods speciall providence , the conspiracy hath received frequent disappointments . but it is here as in gaming , where , tho the cheat may lose for a while , to the skill or good fortune of a fairer player , and sometimes on purpose to draw him in deeper , yet the false dice must at the long run carry it , unless discovered , and when it comes once to a great stake , will infallibly sweep the table . if the relator had extended all these articles in their particular instances , with severall other heads , which out of respect he forbore to enumerate , it is evident there was matter sufficient to have further accused his subjects . and nevertheless , he foresees that he shall on both hands be blamed for pursuing this method . some on the one side will expect , that the very persons should have been named , whereas he onely gives evidence to the fact , and leaves the malefactors to those who have the power of inquiry . it was his design indeed to give information , but not to turn ●…ormer . that these to whom he hath onely a puplick enmity , no private animosity , might have the priviledige of statesmen , to repent at the last hour , and by one signall action to expiate all their former misdemeanours . but if any one delight in the chase , he is an ill woodman that knows not the size of the beast by the proportion of his excrement . on the other hand , some will represent this discourse ( as they do all books that tend to detect their conspiracy ) against his majesty and the kingdome , as if it too were written against the government . for now of late , as soon as any man is gotten into publick imployment by ill acts and by worse continues it , he , if it please the fates , is thence forward the government , and by being criminal , pretends to be sacred . these are , themselves , the men who are the living libells against the government , and who ( whereas the law discharges the prince upon his ministers ) do if in danger of being questioned , plead or rather impeach his authority in their own justification . yea , so impudent is their ingratitude , that as they intitle him to their crimes , so they arrogate to themselves his virtues , chalenging whatsoever is well done , and is the pure emanation of his royal goodness , to have proceeded from their influence . objecting thereby his majesty , if it were possible , to the hatred and interposing as far as in them lies , betwixt the love of his people . for being conscious to themselves how inconsiderable they would be under any good government , but for their notorious wickedness , they have no other way of subsisting , but by nourishing suspitions betwixt a most loyal people , and most gracious soveraign . but this book , though of an extra●…dinary nature , as the case required , and however it may 〈◊〉 calu●…iated by interessed persons , was written with no 〈◊〉 intent than of meer fidelity and service to his majesty , 〈◊〉 god forbid that it should have any other effect , than 〈◊〉 the mouth of all iniquity and of flatterers may be stopped , and that his majesty having discerned the disease , may with his healing touch apply the remedy . for so far is the relator himself from any sinister surmise of his majesty , or from suggesting it to others , that he acknowledges , if it were fit for caesars wife to be free , much more is caesar himself from all crime and suspition . let us therefore conclude with our own common devotions , from all privy conspiracy , &c. good lord deliver us . errata . pag. line read , at the same time . p. l r. clave non erranie . p. l. dele still . p. l. 〈◊〉 r. feb. . . p. l. . r. . p. l. r. deference . p. l. r. eng. declaration p. l. 〈◊〉 r. claimed a povver . p. l. r. obvious . p. l. r. as . p. l. ; r. rigging and unrigging . p. l. r. these . p. l. 〈◊〉 〈◊〉 that others had of practising . p. l. r. vvink . p. l. , r. and the vvhole house . p. l. r. french embassade . p. ●… l. . 〈◊〉 car●…re . p. l. r. more then ordinary . finis . notes, typically marginal, from the original text notes for div a -e rush coll. . , , . the sale of esau's birth-right, or, the new buckingham ballad to the tune of the london gentlewoman, or little peggey ramsey. approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing b estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the sale of esau's birth-right, or, the new buckingham ballad to the tune of the london gentlewoman, or little peggey ramsey. blount, charles, - . broadside. s.n., [s.l. ] imprint supplied by wing. sometimes attributed to charles blount. reproduction of original in the bodleian library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng great britain -- politics and government -- - -- poetry. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - john latta sampled and proofread - john latta text and markup reviewed and edited - pfs batch review (qc) and xml conversion the sale of esau's birth-right ; or , the new buckingham ballad , to the tune of the london gentlewoman , or little peggey ramsey . a wondrous tale i will relate , the like was never told you , of english men that england hate , the town of bucks has sold you . to serve in parliament they chose two men i fear to name them ; for if i did , you would suppose i told a lye to shame them . that beef and ale should yet prevail you need no longer wonder ; for men of wit , must still submit to fools of greater number . the d — , the pope , and tyranny , need never fear a down-fall , for tiege and wakeman both would be elected for a town-hall . these loyal men of buckingham , ( true only to their purses , ) would sell the crown t' inrich the town , and laugh at all your curses . when they have sin'd , and damn'd their souls , or to the devil gave them ; their friend the pope in him they hope , vvell knowing he can save them . if sc — s would take off oats's head , he need not fear succeeding ; but send him down unto this town , he soon might see him bleeding . of thirteen men there are but six vvho do not merit hemp-well , the other seven play their tricks for l — and t — the father is a reprobate , and yet the son 's elected : the gawdy youth comes down in state , and must not be rejected . our prating knight doth owe his call to timber , and his lady , though one goes longer with town-hall , then t'other with her baby . these men do to their choosing trudge with all the speed that can be , and make the son the father's judge , to save great tom of d — the bailiff is so mad a spark ( though lives by tanning leather ) that for a load of temple's bark , he 'd sacrifice his father . his horns do shine , his wife kept fine , all men would blame him had he not made him stand , whose helping hand must make him be a daddy . he huffs and rants , and calls to hall , but will not give men warning : when drunk o're night , he takes delight to play the rogue i' th' morning . next comes the barber , who will do whatever you desire him ; he for a groat , will cut your throat , a lowsie , perjur'd hireling . god damn and rot his arm , he cries , and swears like any lover , for to be true , to three in two , poor iudas younger brother . of late he huff'd and drank with lords , but since a sad disaster hath summon'd him to wash and trim , a rev'rend owl his master . another he hath kiss'd a hand , which puts him in a rapture ; so have i known a miss o' th' town , adore the fopp that clapt her . since kissing hands can so prevail , there 's no man need want riches ; if they 'l be kind , and come behind , they 're welcome to our breeches . thus buckingham hath led the way to popery and sorrow ; those seven knaves who make us slaves , would sell their god to morrow . a list of those who voted for their king and country , protestant religion , and sir p. — t — mr. rogers draper , mr. brown gent. mr. mason apothecary , mr. eversay draper , mr. robinson laceman , mr. walter arnot ironmonger . honest men and true , be not weary of well-doing . mr. william hartly was absent at the election , nor was there any need of his company . those who voted for the l — d. l — . for the e. of d — , for popery , and for their town-hall . george dincer tanner and bayliff , thomas sheen farmer , pellam sandwell maulster , henry hayward knight of the post , and shaver in ordinary to her excellency madgl owlet , — stevens maulster , george carter baker , good lord deliver us from . those who voted for sir r. t. his timber , chimny-mony and court , were the same with the l. l s. not worth — ☞ the charter of this town was given them by queen mary for their good service in the propagation of popery ; therefore ( to give the devil his due ) they are but true to the old cause . die mercurii, julii, . resolved upon the question by the commons assembled in parliament, that the tenants of sequestred estates who are to retain their rents in their hands till the first of august next, shall continue their rents for such estate in their hands till the first of september, ... england and wales. parliament. house of commons. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e b thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) die mercurii, julii, . resolved upon the question by the commons assembled in parliament, that the tenants of sequestred estates who are to retain their rents in their hands till the first of august next, shall continue their rents for such estate in their hands till the first of september, ... england and wales. parliament. house of commons. sheet ([ ] p.) printed for edward husband, printer to the parliament of england, london : july . . title from caption title and opening lines of text. signed: hen: scobell, cleric. parliamenti. reproduction of the original in the british library. eng attachment and garnishment -- england -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no die mercurii, julii, . resolved upon the question by the commons assembled in parliament, that the tenants of sequestred estates who england and wales. parliament. a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion die mercurii , julii , . resolved upon the question by the commons assembled in parliament , that the tenants of sequestred estates who are to retain their rents in their hands till the first of august next , shall continue their rents for such estate in their hands till the first of september , except the parliament shall otherwise order . resolved , &c. that it be referred to the committee of goldsmiths-hall , to consider how and by what means the rents so staid in the hands of the said tenants may be gotten in , for the best advantage of the state , and report it to the house . hen : scobell , cleric . parliamenti . london , printed for edward husband , printer to the parliament of england . july . . conscientious, serious theological and legal quæres, propounded to the twice-dissipated, self-created anti-parliamentary westminster juncto, and its members... by william prynne ... prynne, william, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing p ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing p estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) conscientious, serious theological and legal quæres, propounded to the twice-dissipated, self-created anti-parliamentary westminster juncto, and its members... by william prynne ... prynne, william, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing p ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread [ ], p. printed and are to be sold by edward thomas ..., london : . reproduction of original in huntington library. eng great britain -- politics and government -- - . a r (wing p ). civilwar no conscientious, serious theological and legal quæres, propounded to the twice-dissipated, self-created anti-parliamentary westminster juncto, prynne, william f the rate of defects per , words puts this text in the f category of texts with or more defects per , words. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - judith siefring sampled and proofread - judith siefring text and markup reviewed and edited - pfs batch review (qc) and xml conversion conscientious , serious theological and legal quaeres , propounded to the twice-dissipated , self-created anti-parliamentary westminster iuncto , and its members . to convince them of , humble them for , convert them from their transcendent treasons , rebellions , perjuries , violences , oppressive illegal taxes , excises , militiaes , imposts ; destructive councils , proceedings against their lawfull protestant hereditarie kings , the old dissolved parliament , the whole house of lords , the majoritie of their old secured , secluded , imprisoned fellow members , the counties , cities , boroughs , freemen , commons , church , clergie of england , their protestant brethren , allies ; contrary to all their oathes , protestations , vowes , leagues , covenants , allegiance , remonstrances , declarations , ordinances , promises , obligations to them , the fundamental laws , liberties of the land ; and principles of the true protestant religion ; and to perswade them now at last to hearken to and embrace such counsels , as tend to publike unitie , safetie , peace , settlement , and their own salvation . by william prynne esq a bencher of lincolns inne . the second edition , corrected and enlarged . levit. . . thou shalt not hate thy brother in thy heart , thou shalt in any wise rebuke thy neighbour , and not suffer sin upon him ; or bear not sin for him . tim. . . them that sinne openly , rebuke before all , that others may fear . prov. . , . rebuke a wise man , and he will love thee ; give instruction to a wise man , and he will yet be wiser . jude , . wo to them , for they have gone in the way of kain , and perished in the gainsaying of core . they are trees whose fruit is withered , twice dead , plucked up by the roots . london printed , and are to be sold by edward thomas at the adam and eve in little britain , . conscientious , serious theological and legal quaerés , &c. the wisest of men , and god only wise , informs all sons of wisdom capable of instruction ; that a open rebuke , is better than secret love ; because faithfull are the wounds of a friend , but the kisses of an enemy are deceitfull : whence b he that rebuketh a man , for his exorbitant transgressions , af●erwards shall finde more favour , than he that flattereth with the tongue ; by extenuating , excusing or justifying his offences . upon ●his consideration , i reputed it both a seasonable and christian duty incumbent on me in this day of the late anti-parliamentary iunctoes dissipation , humiliation , confusion , and army-officers division amongst themselves , to reminde them fully of , and * rebuke them plainly , sharply , for their manifold treasons , perjuries , and other exorbitant offences against their lawfull protestant kings , kingdom , the late dissolved parliament , the whole house of lords , the majoritie of their fellow-members , the whole english nation , church , ministrie , their protestant brethren , and allies , against all their sacred and civil obligations to them , in a serious , impartial , convincing , least-offensive manner , by way of q●aeres drawn from gods word , and plain sacred scripture-texts , and our known laws , which they have most presumptuously trodden under foot , and c would not hearken to , in the daies of their late self-exaltation and prosperity , like their predecessors of old among the jews : when i minded and reminded them over and over , not only in my speech , memento , collections of our antient parliaments , and other publications in the years , . in my epistle to , and first part of my historical collections , and legal vindication , . my republicans spurious good old cause briefly and truly anatomized ; my true and perfect narrative , and concordia discors in may , and iune last , and brief necessa●y vindication of the old and n●w secluded members , in s●ptember●ollowing ; ( wherein i truly predict●d their former and present dissolutions by those very army officers with whom they confederated ) which they would n●t cr●dit , till dissolved by them ; being in good hopes , that they ●ill now at last hear counsel and receive instruction , tha● they may be wise in their latter end , as god himself adviseth them , prov. . . . wheth●r their speaker mr. lenthall and those confederate members of the commons house , who against their duties , upon pretext of the unarmed london appren●ices tumult at the house in iuly . ( though they secured , secluded no m●mber● , but only kept them in the house , till they had read , answered their petitio● , and then quietly depa●ted ) went away privily to the army , by the invitation , instigation of some swaying a●my officers , without the leave or privity of the house ; brought up the whole army to westminster and london to conduct them in triumph to the hous● , caused them to * impeach , declare against , suspend , imprison sundry members of both houses ; nulled all votes , orders , ordinances , proceedings in their absence , by reason of a pretended force upon the house by the apprentices during that space , and declared them meerly void to all int●nts , by the speakers declaration , and an ordinance of ● . aug. when as there was no force at all upon the houses during that time , and these members might have freely , safely returned to the house alone , had they listed , without the army , or any one troop to guard them : and afterwards mutinied and brought up part of the army again to westminster , to * force the houses to passe the vo●es for no more addresses to the king , ( contrived in a general council of army-officers , and seconded with their declaration when passed by force and surprize in an emptie house . ) after that most traiterously and perfidiously f confederated with the army officers to break off the last treatie with the king in the isle of wight ; to seise the kings person by a party of the armie , & remove him thence against both houses orders , notwithstanding his large concessions & consent to their propositions : to secure , seclude all the members of the commons house , who after many daies and one whole nights debate , passed this vote according to their judgements , consciences , duties ( carried without dividing the house , notwi●hstanding the a●mies march to westminster , and menaces to prevent it ) that the answers of the king to the propositions of both houses , were a ground for the house to proceed upon for the settlement of the peace of the kingdom : which vote of the whole house , when there were above members present , about of them only soon after repealed , expunged , ( the manner of carrying on of which design against the king & members , was concluded by a committee at windsor consisting of . a●my offi●ers , wherof col. harrison ( their chair-man , and a member ) and col. rich were two ; . members of the commons house , wherof cornelius holland yet living was one , the . others since dead , . independents , and . anabaptists of london : wherein a list was made by them what members should be secluded , secured , and who admitted to sit ; this committee resolving to dissolve both houses by force , and to try , condemn , execute the king by a council of war , g if they could not get of the commons house to sit and bring him to justice , as iohn lilburn one of that committee hath published in print ; ) approved , abbetted the armies forcible , treasonable securing of many members , secluded the majoritie of the house by their vote of ian. . . upon the armie-officers false and scandalous printed answer to them , ian. . touching the grounds of their securing and secluding them , contrary to their protestation , covenant , the privileges , rights of parliament , the great charter , the fundamental laws and liberties of the nation ; and not content therewith , by their own anti-parliamentary , anti-christian usurpation , to out act the old g●npowder traytors many degrees , by the armies assistance , and opposing , advancing themselves against all that is called god and worshiped , they most traiterously set aside , voted down , suppressed the whole house of lords , as dangerous , uselesse , tyrannical , unnecessary ; usurped , engrossed the ●●ile , power o●the parliament of england , and supreme authority of the nation , to themselves alone , without king , lords , or majo●ity of their fellow secluded members ; created a new monstrous high court of iustice , ( destructive to all our fundamental laws , liberties and justice it self ) wherein ( beyond all presidents since the creation ) they most presumptuously condemned , murdered , beheaded their own lawfull hereditarie protestant king ( against all their former oathes , protestations , vows , covenants , remonstrances , declarations , obligations , allegiance , the laws of the land , the principl●s of the protestant religion , and dissenting votes , protestations , disswasions of the secluded lords , commons , scots , commissioners , london ministers ; the intercessions of forein states and our . whole kingdoms , ) together with . protestant peers soon after : after that , close imprisoned my self , sir william waller , sir william lewes , major general brown , with sundry other members divers years in remote castles , without any hearing , examination , cause expressed , or the least reparation for this unjust oppression ; exercising far greater tyranny over the peers , their old fellow members , and all english freemen , during the time of their regality in every kind , than the beheaded king or the worst of his predecessors ; were not by a most just , divine retaliation a●d providence ( when they deemed themselves most secure and established ) even for these their transcendent treasons , perjuries , tyrannies , violations of the rights , privileget of parliament , their own sacred oaths , protestation , league , covenant , suddenly dissolved , dissipated , thrust out of doors , apr. . . by cromwel and the army officers in a forcible shamefull manner , with whom they confederated all along , though they received new commissions from , & engaged to be true & ●aithful to thē without ● king or house of lords , and branded by them to posterity in their printed declaration , b apr. . . as the curruptest , and worst of men ; intollerably oppressing the people , carrying on their own ambitious designes , to perpetu●te themselves in the parliamentarie and supreme authoritie , the archest trust breakers , apostates , never answering the ends which god , his people , and the whole nation expected from them , &c. col. harrison himself ( the chairman at windsor committee to secure us ) being the very person imploied by cromwell to pull their speaker lenthall out of the chair , and turn him with his companions out of doors ; cromwell himself then stigmatizing sir henry vanes , henry martyn , tom ch●lloner and others of them by name , with the titles of knave , whoremaster , drunkard , &c. and not long after to requite his good services , he suddenly turned col. harri●on , rich , and their party out of the commons house by force , dissolved their anti-parliamentary conventicle ( elected only by the army ) de● . . . whiles they were seeking god for direction ; and soon after cashiered both these * collonels , ( his former greatest instruments ) out of the army , sent them close prisoners to remote castles garded with army troops ; and as they and their troops when they seized major general brown , with other members besides , and conducting them to windsor castle , & other prisons , refused to acquaint them whether they were to be sent : so mr. iess●p the clerk of their council of state , ( who brought these colonels to the coach at whitehall garden door , when they were conveyed to remote castles ) and their conductors , denied to inform them to what places they w●re committed ; whereupon they cried out to the troopers which garded them ; gentlemen , is this the liberty you and we have fought for , to be sent close prisoners to rem●te garrisons from our wives and families , they will not tell us whether ? will you suffer your own collonels , officers , who have fought for laws , liberties , & have been members of parl● to be thus used● to which they answered , as themselves did in the like case to other secured members , conducted by them : we are commanded , and must obey , not dispute our orders ; and so were hurried away : a● an eye and ear-witnes● of the old parliament , related to me within one hour af●er . yea young sir hen. va● himself ( the bold prejudger of our deba●es and vote in the house touching the kings concessions , if not a promoter of our unjust seclusion ●or it ) was unexpectedly & suddenly , not only thrust ou● from all his imployments , as well a● out of the h●use , bu● sent close prisoner by cromwel to cari●brook ●astle in the isl● of wight , the very place where he betrayed his trust to the king and parli●ment at the treaty , to gratify cromwel , who by an extraordinary strange providence , sent him clo●e prisoner thither for sundry months , to * medi●ate upon this divine retaliation . whether may not all this dissolved iuncto and it● members , from these wonder●ul judgement● , providence● , now conclude and cry out with that h●athen cruel tyrant adonibezeck . judg. . . a● i have done● so god hath requited me ? and acknowledge the truth of gods comminations against all treacherous betrayers & potent oppressor● of their brethren , obad. . as thou hast ●one , it shall be don● unto thee , thy r●ward shall return upon thine own head . ps. . , . he made a pit and digged it , and is fallen into the ditch which be made ; his mischief shall return upon his own ●ead , and his violent dealing upon his ow● pa●e . rev. . , ●if any man ha●e an ear to ●ear , let him hea● ; he that leadeth into cap●ivity , shall go into captivity : he that killeth with the sword shall be killed with the sword . here is the patience , and faith of the s●ints . o that all real and pretended saint● in the dissolved juncto and army would now consider and believe it : as ● l●tely pressed them to do , in the cloze of my good old cause truly sta●ed , and the false vncased ; yet they would not regard it . whether their illegal forcible wresting the militia of the kingdom totally out of the king● hands into their own ; as their only security to sit in safety ; and perjurious engaging all officer● , soldiers of the armie in england , scotland , and ireland , to be true , faithful and constant is them without a king , or house of lords ( by subscription● in parchmen● roll● r●turned to them under all their hand● ) contrary to their former votes , declarati●ns● remonstrances , protestations , oath● , vows , covenants , trust● , yea the very writs , returns which made them members , their own souldier● , army-officers first commission● , declaration● , r●monstrance● , propos●l● ; and depending on thi● g arme of fles● , or broken h reed of aegypt , as a most sure invine●ble gu●rd , security , from all forces , and enemies wha●soever that might assault , dishouse , dethrone them from their usurped supreme regal and parliamental authority over the three nations , and their hereditary king● , * whom they would not have to reign over them ; hath not been most ●xemplarily and eminently requited by god● avenging providence , in making the very self-same army most treacherou● and perfidious to themselves , to rise up , rebel against them several times , and turn them out of hous● , power on a sudden when they deemed them●elves most secur● ; to make themselves more than kings and lord● over th●m and our whole kingdom● ; and i an host of the high ones that are on high upon the earth : reviving that att●xie , which solomon complained of as a great error in government , and a divine judgement upon the author● of state innovation● . eccles. . , , , . folly is se● in great dignity , and t●e ri●h sit in l●w place● i have see● servants ●n ●orseback , and princes walking ●s servants upon the earth . he that diggeth a pit shall fall into it , and who so breaketh a beged a serpent shall bite him : whosoe●er removeth stones shall be hurt therewith , ●nd ●e that cle●veth wood shall be endangered t●ereby● whether that curse and judge●●nt , jer. . ● thus , saith the lord , cursed ●e the man that tru●teth i● man , and maketh flesh his arm , and whose heart departet● from the lord ; for he shall be like the heath in the desar● , and shall not see when good cometh ; but shall inherit the parc●ed places in the wild●rnesse , a salt land , and not inh●bited● hath not justly b●f●ll●n them & our nation , ●or relying on & trusting to an ●rm of flesh , an army & * assembly of tr●acherous men , whom themselves t●ught , encouraged to be treacherou● , per●urious to the king , parl. lords , their fellow●memb●r●● and k thereby to themselves ; yet voted , cried them up for their fait●full army , savi●u●● , delivere●● , pro●ect●●● , shields , and ●o●ly safegua●d , after they had dealt ●rea●●erously with themselves , and all their other sup●rior● ; and proved like l aegypt to the israelites who trusted on them : when they ●ook ●old of thee by the hand , thou didd●st break and pierce throug● the hand● and rent all their shoulders , and when they leaned upon thee , th●u breakest and madest all their loins to be at a stand ; ye● , dissolved , and m broke them in pieces like a po●ters ves●el , so that there shall not be found in the bursting of it , a s●eard to take fire from the hearth , or water ou● o● the pit . and may we not then t●ke up thi● song of the lamb ? rev. . , . great and marvellous are thy work● lord god almighty ; iust and true are thy wayes thou king of saints ; who shall not fear thee , ô lord , and glorifie thy name , for thy iudgements are made manifest ? whether their clandestine , sudden , indirect stealing into the commons house again , may . . upon the army-officer● invitation and declaration , ( who formerly tu●ned them ●ut of it with high●st infamie , contempt and defam●tion april . . ) after about . year● dissolu●●on , ●nd . intervenient vnparliamentary conventicle● , ( wherein many of them sat as members , and acted as in parliament● ) by pretext of their old wri●● and elections as m●mber● of the long parliament , ●ctually and legally dissolved by their traiterou● beheading of the king near . years before , as i have * elsewhere proved ; without any new writs of summon● , resum●ons , electio●s , or the privitie of their ●or●er ele●tors or fellow members : their forcible s●cluding of my self , sir george ●ooth , mr. ansly , all formerly s●cluded member●● and others not fitting with them from . till april . . by army-officers and guards of souldiers placed at the door ●or that end , and their justifi●●tion , and ●ontinuing of this new seclu●ion as w●ll ●s t●e old : their usurping to themselves the title , power of the parliament of the 〈◊〉 of england , scotland a●d●●eland , and supreme authority of the nation . their ex●rcisin● both the highest regal , parliamental , legislative , tax-imposing authority over our nation● , ( the worst , highest of all other treas●●●s ) their ●r●ating new unheard of treas●●● , exile● by thei● 〈◊〉 proclamations , imposing n●w intollerable tax●●● excises , mill●●a●● on the whole nation , against all laws , and our fundamental liberties , franchis●● . their mo●t injurious , illegal , unpresidented proclaming of sir george booth , sir thomas middleton , with other old and new ●ecluded members of the long parliament , and all their adherents , traytors , enemies to the common-wealth , and apostates , not only i● all counties and corporation● , bu● churches and chapels too throughout the nation , to abuse both god and men , only for raising forces by virtue of ordinances and commissions granted ●hem by the long parliament ( which themselves pretended to b● still continuing ) to defend the rights and privilege● of parliament , to call in all the surviving members of both houses to sit with them , or procure a free and full parl. duly summoned , according to the protestation , vow , league , covenant , and laws of the land , being their own and the whole nations birthright , for defence whereof the army it sel● was both raised , continued , and themselves in their proclamation of may . . and declaration of march . promised inviolably to maintain ; which their own consciences knew to be no crime nor treason at all , but an honest , legal , honorable , necessary undertaking , justified by all their former votes , orders , ordinances , commissions for raising force● against the king● party for the self-same end : and themselves greater traitors , enemies to the kingdom and republike , than strafford , canterbu●y , or the beheaded king , in proclaiming their defence of this undo●bted inheritance of all english freemen against their tyrannical usurpations thereo● , to be treason and apostacy : their sending out of major gen. lambert , ( who invited them into the house may . conducted them into it , but secluded sir g. booth & other members out of it , may . took a new commission from them afterward● in the house , and promised with many large expressions , ●o be true , faithfull , constant , and yield his u●most assistance to them , to set in safety and support their power ) with great forces against sir george booth and all his adherents in this cause , being the majority of the old parl. and of the people of the nation , & the true old parliament if continuing , ●o levie actual war against them ; declared * high treason by sundrie votes and former declarations , and so resolved by themselves in their impeachments against the beheaded king , the e. of holland , l. capel , other● , and late pamphlets against the army ; who accordingly levied war against them● routed their forces , reduced their garison● , imprisoned their persons , sequestred , confiscated their estates as traitors ; secured , disarmed sir will. waller , mr. holles , with sundrie other old members , promised rewards for bringing in the persons or heads of others they endeavoured to secure , against all rules of law , and christianitie ; kept a publike humiliation for their good successe against sir george booth and his adherents , and after their defeat a publike thanksgiving through westminster and london , to mock god himself ( * who will not be mocked ) to his very face , and ordained a publike thansgiving throughout the whole nation , to abuse both god and them , for their great deliverance from the most dangerous plot and treason of sir george booth , and his party ; ( to bring in all the old members to sit with them , without turning those then sitting out , or to procure a free parliament , ) that so their anti-parliamentary conventicle , by this pretext , might exercise a perpetual tyrannie , and parliamental authority over them ; and none thenceforth dare demand a full and free parliament for the future , under pain of highest treason , apostacie , and the losse of their very heads and estates . whether all these their transcendent high treasons , with their former . against the k. secluded members , lords , parliament , people , were not by a most signal miraculous providence and justice of god himself recompenced immediately after upon their own , lamber●s , and other armie-officers head● , by making their rou●iing of sir george booth and his party , after their first thanksgiving for it , before the next day of general thanksgiving came , the very occasion of their sudden unexpected dissolution : . [ by over-elevating lamberts , his officers and brigades spirits , ( notwithstanding the signal marks and rewards of their favours towards them , for the present , and future promises of advancement for their fidelity to them in this service ) to enter into contestations with them by their petition and representations . ly . by raising the differences and jealousies between them to such a height and open enmitie , notwithstanding all their large votes & compliances to satisfie them , all means , mediations of friends , and the londoners publike feast on their thanksgiving day , to reconcile them ; as to incense the juncto to vote major harrison ( a chief agent , chairman for the old members first seclusion ) uncapable of any publike trust or office : a to vote lambert , disbrow , creed , and . more field officers out of their commands , null their commissions , and dispose of their regiments to the next officers , without any hearing or examination ; if not threatning to commit lambert to the tower as a traytor ; to repeal fleetwoods commission and knack to be lieutenant general of their forces in england and scotland ; and put the command of the army and new militia under . commissioners , to wrest the power of them both into their own hands . ly . by exasperating lambert and his confederates by these votes so far against them , & giving them such favour with the armie , as to draw up the greatest part of the forces about london in battel array against them ; and notwithstanding their partie in the armie , whereof they had made many of themselves colonels , their interest in the militia of westminster , london , southwark , and sir henry vanes two regiments of gathered churches ( who were disgregated and kept their chambers all that day , not one of them appearing in the field , because their valiant collonel took a clyster pipe into his fundament , instead of a lance into his hand in the day of battel , and durst not hazard a broken pate in the quarrel ; ) and then in a hostile warlike manner to besiege many of them in whitehall , block up all passages to the house , seise upon their old speaker with his coach , mace , and new general ( without a sword , armie , troop or company ) from whose hands they had freshly received their commissions , turning him back from whence he came ; to charm all the junctoes forces so , as to march away without drawing one sword , or shooting one bullet in their defence , so true , faithful , were they to their good old cause , as well as to their new protectors , as to deem neither of them worth one bloodie nose . . by engaging lamber● and his party , notwithstanding all endeavoured and seeming accommodations be●ween them , to seise upon their house , and their provisions of ammunition and victuals in it : to lock up the doors , and keep constant guards upon the stairs to seclude all these their new lords and masters , as they did on may , . & afterwards seclude their fellow-members ; and not content herewith , by a printed plea for the army , and declaration of the ge●eral council of the army , sitting at wallingford house , which called them in , and thus shamefully not long after turned them out of doors , ( usurping to themselves both a regal authority to call and dissolve parliaments , ( as they ●epute and stile them ) and a parliamental too , in making and repealing acts of parliament ( as they deem them ) at their pleasure ; ) they not only justi●ie this their forcible ejectment , seclusion to all the world by lex talionis , even their own abetting , approving , justifying , the armies former seclusion of the major part of thei● fellow members , who were the house , and the whole house of lords , and securing the leading members , when over powred by them , and appealing to the armies judgements therein : but also put a period to their assemblie : branded , ●●lled , repealed , declared their last votes , acts● proceedings void to all intents & purposes whatsoever , ●s if they had never been made ; censured them as imperfect , ineffectual , irregular , ●nparliamentary , illegal , pernicious , r●sh , inconsiderate ; branding each other in several printed papers , for traytors , trust-breakers , treacherous , perfidious , f●ithless , vurighteous , ambitious , self-seeking usurpers of the soverain power , oppr●ssors of the free people of england , & invaders , betrayers of their liberties & birthrights : the●eby declaring the old secluded member , the only honest , faithful , constant , consciencious men , adhering to their good old ●ause , oaths , covenant , principles , and the publique interest ; & sir george booth himself to be no traytor , but truer patriot of his country than any of themselve● , as dying pure●oy , openly acknowledged before his death , and others of them confesse in private , since even lambert himself hath done and exceeded that work , they feared he would doe , by dissolving their conventicle , and turning them out of house and power , which sir george did not design . whether all these strange , unparalleld , sudden , unexpected animosities , divisions between themselves ; their uncommissioning , dissolving , cashiering , disofficing one another , ( which i truly predicted to them from scriptures , and former providences , in my good old cause truly stated ; my true and perfect narrative , p. . . and vindication of the old and new secluded members , p. , . ) be not the very finger of god himself , a the lords own doing , truly marvellous in all our eyes ; yea the very particular judgement menaced by god himself against all such traitors and innovators , as most audaciously and professedly violate with the highest hand this divine precept , prov. . ● . my son fear thou the lord and the king , and meddle not with those that are given to change ; for their calamity shall suddenly arise , and who knoweth the ruine of them both : and a verification of prov. . ? if not a divine infliction of the very confusion and punishment denounced by god himself against aegyp● of old for their crying sins , isay . , , &c. i will set the aegyptians against the aegyptians , and they shall fight every one against his brother , and every one against his neighbour , city against city , and kingdom against kingdom : a●d the spirit of aegypt shall fail in the midst thereof , and i will destroy the counsel thereof . surely the princes of zoan ( the juncto and armies general council ) are become fools , the princes of noph are deceived ; they have also seduced egypt , even they that are the stay of the tribes thereof . the lord hath mingled a spirit of ●ervers●ties amongst them , & they have caused egypt ( yea england ) to erre in every work thereof , as a drunken man staggereth in his vomit● neither shall there be any work ●or aegypt , which the head or toyl , branch or root may do● to defend or establish themselves or their pretended yet un●●●med free-state . and may not they all then and others 〈◊〉 the consideration of all the promises , justly cry 〈◊〉 with the apostle in an holy admiration . rom. . . o the depth of the riches b●●● of the wisdom and knowledge of god● how unsearcheable are his iudgements , and his wayes part finding out . . whether the juncto and their high court of inj●stice-men , who had any hand , vote in the traiterous , perfidious beheading of their late protestant king , the head of the parliament ; dissolving and blowing up the whole house of lords , the majority of the commons house , the whole old parl●●ment , kingdom , kingsh●p ; the prince of wales next heir and successor to the crow● ; the rights , privileges , freedom of parliament , the fundamental laws , liberties , government of the nation , and our established protestant religion , against all their oathes , allegiances , trusts , duties , votes , declarations , remonstrances , protestations , vows , solemn leagues , covenants obliging them to the contrary ; can with any faith , boldness , confidence , piety , or real devotion appear before the presence of god , angels , men in any of our congregations on the . of november , the * joyful day of our deliverance , from the popist● gunpowder treason● publikely celebrated every year ; to render publike thanks to almighty god , and ascribe all honour , glory and praise to his name , for hi● great and infinite mercy in delivering the king , queen , prince , lords spiritual and temporal when assembled in the lords house , nov. . an. . ( from this plot of malicious , devillish papists , iesuites & seminary priests , who maligning the happiness and prosperity of our realm , church and religion under a protestant king , and its promising contin●ance to all posterity , in his most hopeful , royal , plentiful progeny , intend●d to blow them all up suddenly with gunpowder , but were ●hrough gods great mercy miraculously delivered from this suddain bo●rid treason , by a wo●derful discovery thereof some few hours before it was to be executed● ) when as themselves have outstripped them by many degrees in executing , accomplishing far more than what they only intended , but could not effect ; yet repute themselves protestants , and the emineniest of all saints ? whether they can without the 〈◊〉 est horror of conscience , confusion of face , spirit , ●●●●sternation of mind , and grief of heare , henceforth ●●●sume to appear before the presence of god , or any english protestant●●t any time , especially on this day , before they have publickly lamented , confessed , repented , and made some open eminent satisfaction , for those transcend●nt new gunpowder-treasons , far worse than the old of the iesuits and papists , by whom they were acted in this ; especially if they consider gods expostulation with such sinners . ps. . , . what hast thou to do to declare my statutes , or that thou shouldest take my covenant in thy mouth ? seeing thou hatest instruction , and hast cast my words behind thee . when thou s●west these powder traytors , thou consentest with them , and hast been partaker with these murderers , and adulterers . and that of rom. . , , . therefore thou art inexcusable , o man , whoever thou art that judgest : for wherein thou judgest another , thou condemnest thy self : for thou that judgest , dost the same things . but we know that the judgement of god is according to tru●h against th●se who commit such things . and thinkest thou this , o man , that judgest them which do such things , and dost the same , ( nay worse ) that thou shalt escape the judgement of god , & c ? . whether those turn coat peace-abhorring , self-seeking , shameless members , and lawyer● , who ( though not fifty in number ) sitting under a force a●ter the seclusion of the majority of their ●ellow-members , decemb. . . resolved , that the vote passed in a full house iuly . that a treaty should be had in the isle of wight , with the king in person , by a committee appointed by both houses , upon the propositions presented to him at hampton court : was highly dishonorable to the procéedings of parliament , and destructive to the peace of the kingdom . and that the vote of . d●cemb . . ( passed without dividing the house when there were members in it ) that the answers of the king ●o the proposition of both houses , are a sufficient g●●und for the house to proceed upon , * for the settlement of the peace of the kingdom : is highly dishonorable to the parliament , and destructive to the peace of the kingdom , and tending to the breach of the publick faith of the kingdom . and in their declaration of . ianuary . expressing their reasons for annulling and vac●ting these votes in this manner ; declared them to be ●ig●ly repugnant to the glory of god , greatly dishonorable to the proceedings of parliamen● , and apparently destructive to the good of this kingdom : ( adding ) yet we are resolved , and that speedily , so to settle the peace of the kingdom by the authority of parliament● in a more happy way than can be expected from the best of kings ; which they never since performed in the least degree , but the direct contrarie , embroiling us in endless wars , seditions , tumults , successions , revolutions of new-modelled governments , & oppressing , destructive anti-parliame●tary conventicles ever sithence . after that suppressed our kings and kingly government , as the instruments , occasions of tyranny , i●justice , oppression , luxury , prodigality and slavery to the commons under them ; together with the whole house of lords , as dangerous , uselesse , dilatory t● the procéedings of parliament , &c. in their votes of febr. . and * declaration of martii . expressing the grounds of their lute proceedings , and se●ling the government in way of a free state● next , prescribed , subscribed an ingagement to be true and faithfull to the commonwealth established by ●hem without a king or house of lords . yet afterwards in their new modelled parliament ( a● they reputed it ) april . by their petition and advice , ( as first penned , passed and presented to cromwell for his assent● ) declared the revival of kingship and kingly government , absolutely necessary for composing the distractions , and setling the peace and tranquillity of our nations ; advised , pe●i●ioned , and pressed hi● to accept the name , title , power and soveraign authority of a king , over our three kingdoms , and the dominions thereunto annexed ; voted him to be king thereof● with a constant revenue of no lesse than . twelve hundred thousand pounds a year in perpetuity , and five hundred thousand pounds more for . years space , out of the peoples exhausted purse● , after most of the antient crown-lands and revenues sold , when as they them●elves affirmed and published in their decl. of march . . p. . that the justi●iable , legal revenue of the crown under king charls ( be●●des the customs and some other p●●quis●●es , cha●●ed with the maintenance of the nav●e and forts ) fell shors of ●n● hundred thousand pounds yet 〈◊〉 . this new-augmented revenue for their new king olivers support being above . times more than any of our lawful kings ever enjoyed . and when cromwell pretended dissatisfaction in point of conscience , to receive the kingship and kingly government on him ; the ●ery * lawyers , members , officers , who drew the declarations and reasons for abolishing kingship , kingly government and house of lords , were the committee appointed to confer with him . several times , & draw up reasons to satis●ie him , why he might and ought in reason , law , policie , conscience to accept the kingship and kingly title , for his own and the publike safety● which he r●●using ( ●gainst hi● * desire ) they voted him their royal protector , took an oath to be true and faithfull to him , and to his son ri●hard after him , and to act nothing against their persons or power ; created themselves ano●her house● assumed to themselves the title of lords , and the house of lords , notwithstanding their engagements against it under all their hands . yet soon after dethroned their young protector , nulled all his conventions wherein they sate , with all lordships , knightships , and offices granted by their protectors , as illegal ; revived their anti-parliamentary iuncto , after it had layen buried in oblivion above years space , in may last ; and in iuly following prescribed a new oath and ingagement to all officers , & others who would enjoy the benefit of their knack of indemnity ; to be true , faithful and constant to their common-wealth ( though yet unborn ) without a single person , kingship , or house of lords ? whether such treacherous , perjured double-minded men , unstable in all their wayes , jam. . . can ever be deemed chosen instruments ordained of god , to settle the peace , or government of our nations ? whether the proph●t isay c. . and the apostle paul , rom. . . . &c. have not truly characterized them : there is none righteous , no not one ; there is none that understandeth , there is none that seeketh after god ; they are all gone out of the way , they are all together become unprofitable , there is none that doth good , no not one : their threat is an open sepulcher , with their tongues ( yea oathes , protestations , declarations , covenants ) they have ●sed deceit , the poyson of asps is under their li●s : their feet are swift to shed bloud , ( the bloud of their protestant king , peers , brethren , alli●s , fellow-subjects , by land and sea , at home and abroad , in the field , and in new butcheries of highest injustice , ) destruction and misery are in their wayes , and the way of peace they have not known ; there is no fear of god before their eyes : they have made them crooked pathes , whosoever goeth therein shall not know peace . therefore is judgement far from us , neither doth iustice overtake us ; we wait for light , but behold obscurity ; for brightness , but we walk in darkness : we grope for the wall like the blind , as if we had no eyes , we stumble at noon-day , as in the night ; we are in desolate places like dead men : we roar all like bears , and mou●n sore like doves ; we look for judgement , but there is none , for salvation , but it is farr off from us . . whether god himself hath not given the anti-parliamentary iuncto , and general council of army officers hitherto , in their iesuitical project of bringing forth a mis-shapen monstrous commonwealth , and whymfical freest●t● , to establish thing● amongst us , a miscarrying womb , and dry brests ; so as we may justly say of them as the prophet did of ephraim ; hos. . , . , . ephraim is smitten , their r●●t it dryed up , it shall bear no fruit ; yea , though they bring forth , yet will i even slay the beloved fruit of their womb : their glory shall fly away like a bird , from the birth , and from the w●mb , and from the conception ; as their commonwealth whimfie● have done ? whether gods signal over-●urning , and forcible dissolving the iuncto by the army-officers , twice on●●ft●r another in the very generation of this iesuitical brat , before it was formed in the womb , to disinherit our antient hereditarie legitimate kings and kingship , and their turning of all things upside down ( our kings , kingdom● , parliaments , lords house , lawes , liberties , oathes , church , religion , to make way for its production ) hath not been like the potters clay , ( a rude deformed chao● , without any lineaments , or shape at all ; ) so as the work yet saith of h●m that made it , he made me not ; and the thing formed saith of him that formed it , he hath no understanding , isa. . ? wh●ther these new ba●e●-builders , whiles th●y have been building this new city and tower , to keep them from being scattered upon the face of the whole earth , * have not like the old babel-builders , been confounded in their language by god himself , that they might not understand one anothers speech , and scattred abroad thence upon the face of the earth , though guarded by their faithfull army , on whom they relyed for protection , so that they left off to build their babel , like them ? their city of confusiō is broken down , & every house ( yea their own parl. house ) shut up ; in the city is left desolation , and the gate is smitten with destruction . isay . , . it shall lie waste from generation to generation , none shall passe through it for ever and ever ; but the cormorant & the bittern shall possess it ; the owl also & the raven shall dwell in it , and he shall stretch out upon it the line of confusion , and the stones of emptiness ? whether their and the armies endeavours to set up an vtopian commonwealth , instead of our old hereditarie kingship , is not a * direct fighting against god , and the express precepts , ordinances of god himself , prov. . , . c. . . c. . , . rom. . , . tim. . , , . tit. . . pet. . . ● yea against the good providence , mercie , favour of god towards our kingdoms and nations for their establishment ; the want of a lawfull , hereditary king , to reign over a kingdom and nation , and a multiplicity of governors , kings , ( especially of inferiour rank ) and reducing the people to such a confused sad condition ; that they shall call the nobles thereof to the kingdom , but none shall be there , and all her princes shall be nothing ; * so that she hath no strong rod left to rule , being a matter of present and future lamentation , a severe judgment of god for their sins , and wickednes , yea an occasion of all wickedness , licentiousness , villanies , confusion , and an immediat forerunner or concomitant of the kingdoms and nations desolation , ruine by gods own resolution , hos. . . c. . . . ezech . , . , isa. . , , . judges . &c. c. . . &c. c. . . prov. . . c. , . hab. . . , . and is it not so now of ours ? . whether the late petition and advice . to reduce us again to a kingdom and kingship , to which w. lenthal , speaker , whitlock , and many others of the dissolved iuncto assented , as it was first penned , voted , passed by them and many army-officers , as the only means to settle us in peace , honor , safety , prosperitie ; be not a convincing argument , that in their own judgements ; consciences ; kings & kingly government , are englands only true interest , to end our wars , oppressions , distractions , prevent our ruine , and restore our pristine uni●ie , peace , honor , safety , prosperitie , trade , glorie ? and whether it be not a worse than bedlam madness , yea grosse error both in policie and expeperience in our republican juncto and army-officers , to endeavour to erect an utopian , jesuitical republike among us , ( which hath produced so many sad publique change● , confusions , and made us a meer floating island , tossed about with every winde of giddy-brain innovators ) as the only means of our firm , lasting happinesse ; and to prevent all future relapses to monarchie after king charls hi● beheading ; which this notable censure of the incomparable philosopher * seneca passed against that great republic●n and anti-royallist , m. brutus , will abundantly refute . cum vir magnus fuerit in aliis , m. brutus , mihi videtur in hâc re vehementer errare , qui aut regis nomen extimuit , cum optimus civitatis status sub rege justo sit : aut ibi speravit libertatem futuram ubi tàm magnum praemium erat , et imperandi et serviendi ; futuramque ibi aequalitatem civilis juris , et staturas suo loco leges , ubi viderat tot millia hominum pugnantia , non ne serviret , fed 〈◊〉 : ( our present condition between the ambitious , usurping antiparliamentary juncto , and divided army-commander● , all contending which * of them shall be the greatest , and who shall most oppress , enslave our n●tions to their tyrannie , farr more exorbitant than the very worst of all our kings ) quantum verò illum , aut rerum natura , aut vrbis suae tenuit oblivio qui uno interempto ( rege ) defuturum credidit alium qui idem vellet ; cum tarquinius esse● inventus post tot reges ferro et fulmine occisos ; even in rome it self , and we in england since the beheading of king charles , and voting down kings , kingship , with the old house of lords , and ingagemen●s against them , have soon after found , a more than royal protector oliver , usurping the wardship of our poor infan● common-wealth , aspiring af●er a kingship and crown whiles living ; and crowned in his statue , herse , scu●●heons as both king and * conqueror of our three kingdomes after his death ; bearing three crowns upon his sword , as an emblem of it : a momentanie protect●r richard after him ; a new self-created other house , assuming to themselves the title of lords & the house of lords ; after an old lords house suppressed ; since that , a charles fleetwood , and iohn lambert , aspiring after the soveraign power , as their late and present actions , declarations more than intimate , and dissolved juncto affirm : and an exiled hereditarie king charles , with a numerous royal posteritie after him , claiming the crown and kingship by lawfull indubitable right , declared , ratified by the vnrepealed statutes of iacobi , c. . iacobi , c , , , iacobi c. . the * oathes of supremacy , allegiance , feal●y ; of all mayor● , recorders , freemen of every corporation and fraternity , of all iustices , iudges , sheriffs , officers of iustice , graduates in vniversities or innes of court , ministers , incumbents , all members of the commons house of parliament , and all other freemen sworn in our leet● ; who by the powerfull assistance of their forein friend● and allies , and domestick , oppressed , discontented , divided , ruined subject● , will in all probabilitie be restored to the crown , sooner or later , ( as aurelius ambros●us after the murder of his father and brother by the vsurper vor●igerne , ) was called in , restored and crowned king by his own british subjects , to deliver them from vortigerns and his invading saxons tyranny , after years usurpation ; and edward the confessor , called in and crowned king by his nobles and subjects , after years dispossession of his right by the dani●h vsurpers , and all the danes expelled , without any effusion of blood ; as i have * elsewhere evidenced at large out of our best historians . whether gods extraordinarie sudden tr●ble miraculous overturning . of the juncto when best established an● mo●t secure , after ●heir victorious successes against the irish , scots , hollanders , worcester-fight , and league with spain by their own gen. cromwel apr. . . . of pr●t . * richard ( & his brother hen. too deputy of irel. ) by his brother fleew . unkle disbrow , & other army-officers , after all their oaths , and addresses to him from them and all the officers , soldiers , navy , most counties , corporations in england , scotland , ireland , to be true , faithful , loyal , ob●dient to , and live and die with him , in the midst of hi●parliament , declaring , voting for , and complying with him ; when most men though● it impossible to over●urn or depose him . ly , of the revived antiparliamentary juncto , after sir george booths , and all their visible opposites total rout and disappointment , when * themselves and others esteemed them so well rooted , guarded , that there was no hopes nor possibility left of dissipating● dissolving them , or abolishing their usurped regal and parliamental power , even by the very instruments that called them in , and routed their enemies ; all ●● of them without any one drawn sword or drop of bloud , & that in a moment , be not a real , experimental verific●tion of ezech. . , . by way of allusion to our own governours and kingdom , thus saith the lord god ; remove the diadem , and take off the crown , this shall not be the same● exalt him that is low , and abase him tha● is high : i will overturn , overturn , overturn it , till he shall come whose right it is , and i will give it him ? . whether the late iunctoes and a●my-officer● doubling , trebling , quadrupling of our nations monthly taxes , excises , militiaes , grievances , oppressions of all kinds by their usurped power ; their consumption , devastation of all the crown-lands , rents , and standing revenues of the kingdom ; of bishops , dean and chapters lands , and many thousands of delinquents real and personal estates , and greatest part of most ●ens privat estates , only to make them greater bondslaves to them than ever they were to any king● ; without benefiting or easing them in any kind ; and to murder one another by intestin● , unchristian warr● , butcheries : and their monstrous giddiness , intoxication in all their premised councils , new models , and rotations of government , ever since they turned the head of ●●r kingdoms ( which should r●le , direct the whole body ) downwards , and the heels uppermost , to animate and steer it , against the course of nature , that rules of law , policie , christianitie : and gods * hedging up all their new by-wayes with thorns , and making a wall cross them , that the people are not able to find their pathes : nor to overtake , nor finde their new lovers they have hitherto followed and sought after ; and those mad new whymsies the jesuites infuse into their pates from time to time , to make them and ou● nation ridiculous to all the world till utterly destroyed : may not justly engage our three distracted nations , and themselves too now , at a total loss ; to ●esolve and say with the israelites , ( when revol●ed from their rightfull kings of the house of david in the like case ) hos. . . i will go and return to my first husband for then was it better with me than now ? and to imitate the israelites in the case of king david when expelled his realm by his usurping son absoloms rebellion , after his rout and slaughter , sam. . , &c. and all the people were at strife throughout all the tribes of israel● saying ; the king saved us out of the hands of our enemies , and he delivered us out of the hands of the philistins ; and now he is fled out of the land for absolom , and absolom whom we anointed king over us , is dead in battel ( as their pro. oliver , richard and dissolved juncto are in a moment ) now therefore why are ye silent , and speak not a word of bringing back the king to his house : and zadok and abiathar the priests , spake unto the elders of judah saying ; why are ye the last to bring the king back to his house ; seeing ye are his brethren , of his bone and his flesh ? and amasa bowed the heart of all the men of iudah , even as one man , so that they sent this word unto the king ; return thou and all thy servants . so the king returned to iordan ; where all the people of judah , and half the men of israel met him , and conducted him safe to gilgal ; and the men of judah clave unto their king from jordan even to ierusalem ; and re-established him in his kingdom . whether this be not the only safe , true , legal , prudential , christian , speedy and ready high-way to their present and future peace , ease , safety , settlement , wealth , prosperity , both as men and christians , without any further effu●ion of christian bloud , expence of treasure ; not other new vertiginous models , army councils , treaties , tending to further confusions ; ( out of which the nobility , gentry , ministry , freeholders , citizens , burgesses , merchants , commons , sea men , parliaments of our . nations are totally secluded , like meer cyphers , by the iuncto and army-usurpers , as if they were meer aliens , and wholly unconcerned in their own government , settlement , who will never acquiesce in any thing , but what themselves in a free parliament shall resolve on . ) * consider of it , take advice , and speak your minds , without fear , hypocrisy , or partiality . and whether we be not a people marked out and fitted for inevitable destruction ( having all the symptoms , fore-runners of it and sins that hasten it now lying upon us ) if we * brutishly reject this only means of our preservation , and follow the destructive whymsies of those giddy-pated usurping raw stears-men ? of whom we may justly say with the prophet isai. . . , . behold the lord of hosts doth take away from jerusalem and judah the stay and the staff , the honourable man and the counsellor : and i will give children ( in state-affairs and understanding ) to be their princes , and babes shall rule over them . and the people shall be oppressed every one by another , and every one by his neighbour : the child shall behave himself proudly against the ancient ; and the base against the honourable ( as now they do ; ) o my people , they which lead thee , cause thee to erre , and destroy the way of thy pathes , and they that are led of them ( in their new jesuitical by-wayes ) are destroyed , by intestine divisions and forein invasions , as in isai. . . to . a sad emblem of our present condition , and approaching destruction , worthy our saddest meditations . whether the twice dissolved anti-parliamentary juncto by their own knack of the . of october , and paper printed by their special permission and command since their dissolution ; intituled , the parliaments plea ; declaring resolving , p. , , . that the people of england are of right , a free people , to be governed by their own elected deputies and trustees in parliament ; it being owned on all hands , both by parliament and army , and all the good people engaged with them . that the people under god are the original of all just authority ; and other original and foundation no man may lay . that to deprive or deny the people of this inheritance , is treason , rebellion and apostacy from the good old cause of the english nation , for as much as a people free by birth , by laws , and by their own prowess , are thereby rendred and made most absolute vassals & slaves , at will & power ; and greater treason than this no man can commit . that to levy mony upon the people without their consent in parliament is treason , for which every man that so assesses , collects , or gathers it , is to be indicted for his life , and must dye as a traytor ; not only by their knack , but by the fundamental good old laws of the land , against which no by-law is to be made : this being a fundamental law , and one of the main birth-rights of england ; that no tax or levy is to be laid upon the people but by their consent in parliament ; be not guilty of the greatest , highest treason , rebellion , and apostacy , from the good old cause of the english nation , ( and the army-officers too confederating with them ) by depriving and denying the free people to be governed by their own elected representatives and trustees in a full & free parl. by secluding four parts of five of the knights , citizens , burgesses , & barons of ports out of the long parl. whiles in being dec. . with armed power by usurping to themselves the royal , parliamentary legislative supream authority over the people , & laying , assessing , levying , intollerable excessive taxes , excises , militiaes upon them , without , yea against their consents & protestations ; and without the consent of the farr greater part of the commons house , the king or house of lords , which they forcibly secluded , suppressed , destroyed , against their fundamental laws , liberties , privileges , birth-rights , protestations , declarations and solemn league and covenant , by making them most absolute slaves , vassals from . till their dissolution in april . . and invading , inslaving , destroying their protestant brethren of scotland , and allies of holland by land and sea , to the undermining , endangering of the protestant religion ; by imposing new oaths and engagements on them diametrically contrary to the oathes of supremacy and allegiance ( which they all solemnly took as members before they entred the house ) and disabling all to sue in any court , or enjoy the benefit or protection of the laws for which they fought , and to which they were born heirs , who refused to take their treasonable , perfidious ingagements ; by securing , imprisoning thousands of freemen , close imprisoning sundry members of the old parliament , ( my self amongst others ) divers years in remote castles , and keeping us from gods publike ordinances , without any accusation , hearing , trial , or legal cause of commitment , expressed in their warrants . by presuming upon the army and officers sodain invitation after the old parliaments dissolution by the kings death , and their above . years dissipation by the army , without the election or privity of the people , to sit and act as the parl. and supream power of the nation ; to seclude at least . parts of . of the old surviving members by force , a●d proclaiming sir george booth , sir thomas middleton and other members and freemen of england traytors , and levying war against them , only for raising forces to induce them to call in all the old secluded members , or to summon a new free parliament , and for opposing their new illegal taxes , excises , militiaes , imposed and levyed on the people , without their common consent in parl. deserve not to be all indicted , executed , and their estates confiscated as traytors , for these their successive reiterated high treasons by their own resolutions , & sir george and his adherents totally acquitted from the least imputation or guilt of treason , & by consequence from all ●mprisonments , sequestrations under which they now suffer . whether their branding , sequestring them for traytors , apostates , enemies to the publike , against law and conscience too , hath not justly brought that wo & judgment upon their conventicle . isa. . , , . wo unto them that call evil good , and good evil ; that put darkness for light , and light for darkness ; that put bitter for sweet , and sweet for bitter ; and take away the righteousness of the righteous from him . therefore as the fire devoureth the stubble , and the flame consumeth the cha●s , so their root shall be rottenness , and their blossom shall go up as dust ; because they have cast away the law of the lord , ( and of the land too ) and despised the name of the holy one of israel . for all this his wrath is not turned away , but his hand is streched out still . whether the anti-parliamentary junctoes and army-officers beheading of their late protestant king , against the vote● , protestations , of the generality of the parliament and his . protestant kingdoms , & mediations of all foreign protestant agents then in england ; their banishing , ●xpelling his royal protestant heir , successor to the crown , with all the rest of his children ( professing the reformed r●ligion ) out of all their protestant realms & dominions ; their invading of their protestant brethren in ir●land and scotland , in a hostile manner with potent armies , & waging war against them in their own countries , and after that against their own protestant brethren in england , as professed enemies , traytors , apostates ; slaying divers thousands of then in the f●eld ; imprisoning , banishing , disinheriting , fequestring many thousands more of them , only for owning , crowning , assisting their own hereditary protestant king ( according to their oathes , covenants , laws , homage , allegeance , duties , and principles of the protestant religion ) to regain and retain his royal autho●ity and kingdoms . their waging of a most bloudy 〈◊〉 wa● with our antient protestant allies of holland above . years space together , to the slaughter of many thousands of their & our gallantest protestant seaman , admirals , sea-captains , of purpose to banish their own exiled protestant king , his brethren and followers out of the netherlands from the societie and charitable relief of the●r protestan● friends , where they lived as exiles , enjoying the free profession of the reformed religion , and communion , prayers , contributions of the protestant churches ; on purpose to drive them into popish quarters amongst seducing iesuits , priests , papists , to cast them wholly upon their alms , mercy , benevolence , and by these high indignities , and their pressing necessities , to inforce them ( if they can ) to renounce the protestant-religion and turn professed papists : their most inhuman , unchristian barbarism , in depriving them totally of all means of subsistance , by seising all their revenues , without allowing them one farthing out of them towards their necessary relief ; yet enacting i● high treason for any of their protestant subjects , friends , allies within their realm● or dominions , to contribute any thing toward their support , to hold the lea●● correspondency with , or make any publique prayers unto god for them : as if they were worse than turk● , iews , infidels , and most professed enemies : for whom we are not only commanded to pray , but also to love , feed , clo●h , relieve , harbour them in their necessities , overcomming their evil with goodness , by christs own example and express precepts , under pain of everlasting damnation ; be a conscientious saint-like performanc● of , and obedience to , or not rather an atheistical obstinate , presumptuous rebellion against the tim. . , , . mat. . , . c. ● . . c. . , to . luke . . to . c. . to . c. . acts . . rom. , ● , , . c. . , to . c. . , . cor. . , . jam. , . and other sacred texts ? a religious , zealous observation of their * sacred solemn protestations , vows , covenant , remonstrances , declarations , oathes for the maintenance , defe●ce & propagation of the true reformed protestant religion , the profession and 〈…〉 , against the bloudy plo●s , conspiracies , attempts , practices of the iesuits , and other prof●ssed popish ene●ies and ●nderminers of them● or not rather a mo●● perfidious v●olation , ●bjuration , betraying of & confederating with the iesuits & papists against them ? a loving of the●● protestant brethren , with a true heart , fervently , and laying down their lives for them , and being pitiful , merciful , compassionate towards them , according to these gospel-precepts , eph. . . c. . , . pet. . . c. . . c. . . john . . . . c. . , , , , . john . . c. . . . or not rather a shutting up their bowels of compassion towards them ; a grieving , offending persecuting , murdering of their bodies & souls too ; & an infallible evidence , that they are yet no real saints or children of god , but the very children of the devil abiding in death , having no true love of god , nor eternal life abiding in them , by christs own resolution , john . , . john . . to ? a professed antichristian contradiction to the reiterated command and voice of god from heaven , isay . . cor. . . rev. . , , , &c. depart ye , depart ye , come ye out of ( mystical romish babylon , ( the mother of whoredoms , the habitation of devils , and of every foul spirit , and the cage of every unclean and hateful bird ) o my people that ye be not partakers of her sinnes , and that ye receive not of her plagues : by their forcible driving of their own protestant king , brethren into babylon , and keeping them therein , to have their habitation among devils , foul spirits , & unclean birds of every kind , that so they may participate both in her sins and plagues ; instead of calling them out from thence into their own protestant dominions and churches ? * certainly , if the righteous shall scarcely be saved , where shall these most transcendent , unpresidented , unrighteons , ungodly sinners ( who obey not , but coutradict all these gospel texts ) appear ? and what shall their end be ? verily the gospel it self resolves : ( and o that they would with fear & amazement of spirit now seriously consider it ) when the lord iesus shall be revealed from heaven with his mighty angels in flaming fire to take venge●nce on them , they shall be punished with everlasting destruction from the presence of the lord , and from the glory of his power , thess. . , , . * and shall receive judgement without mercy , because they have shewed no mercy , but the utmost extremity of malice and cruelty to the souls and bodies of their protestant king and brethren ? whether the junctoes and armies late proceedings against the king and kingship , were not the direct plot of the spa●i●lized priests and jesuit● , ( as well in france as england , spain , and elsewhere ) who contrived and promoted it to their power ; as i evidenced in my speech , memento , epistle to my historical collection ; my true a●● perfect narrative , and vindication of the old and new secluded members at large , and shall f●rther clear by this ensuing letter , the original whereof i have twice read ●ound by mr. sherley a book-seller in little britain , ( in whose hands ●t is ) amongst the books of mr. patricke ●arre ( priest to don alonso de gardenas the spanish ambassador ) which he bought of him at this ambassadors house , when he was departing hence upon the breach with spain , . within a year after this letters date , which he soon after shewed to divers gentlemen , one of them ( who took a copy thereof ) promising to shew it to cromwel himself . the superscription of it is in spanish directed ( as is conceived and the letter imports ) to this patricke carre ( an irish priest and iesuit ) under the name of * don pedro garsia : the letter it self is in english , written it seems by some english or irish priest or jesuit , sent as an intelligencer , by the spanish ambassador into holland and france , ( with whom the english were then in hostility ) but the direction for letters to him is in french . in the cloze whereof the jesuitical and spanish party in paris , expected our anti-parliamentary iuncto ( whom they stile , our brave parliament , as set up by and acting for them ) should espouse their quarrel and act their pa●ts against the french ; and joyn with the prince of condee , to c●t off the king of france his head , and all kings else , as they did the king of englands , by their instigation , such antimonarchists , traytors are these jesuits , irish and spanish freers to all kings and monarchy . paris , . of ianuary , . sir , i was no so ner in holland , then i writ to you , but hearing nothing from you i concluded , either you were very sick , or that you received not my letter ; i came hither in an ill time , for the kingdom is in great disorder , upon the kings recalling the cardinal , against all his declarations . this town ready to declare in favor of the prince and the duke of orleance , who is now treating with the duke of lorrain for his army . if your dull * archduke make no more advantage of this , than of the disorders of the last summer , it 's pity but he were sent to keep sheep . we expect here our brave parliament " will not let the game be soon played out : i could wish gallant cromwell and all his army were with the * prince : for i begin to wish all kings had the * same the king of england had : i le say no more untill i hear from you , but that i am your unfeigned friend , t. danielle . i pray remember me to both my cozens . direct your letters a monsieur monsieur canell demurant chez mons-marchant a la rue de pulle . the superscription is thus , viz. a don pedro garsia en casa de embaxador de espanna que * dios garde . en londres d . there were many papers and notes written in irish , some concerning the affairs & transactions of the late wars in ireland , found amongst these books , whence i conceive this patrick carre was an irish priest and jesuite ; and that the * spaniard had a great hand in that horrid rebellion . from the cloze of this letter let all consider . whether it can be safe for any popish , as well as protestant kings to harbour such jesuitical antimonarchists and regicides in their kingdoms , courts , who thus wish all kings beheaded and brought to iustice , as well as the late king of england , by cromwell and his army , or their own subjects ? and how much all kings ought to detest his president ( of the jesuits contriving ) let them now cordially and timely advise for their own securitie . whether the great swarms of jesuites and popish freers in and about london , by the iunctoes , and army-officers tolleration and connivence ( whose jesuitical antimonarchical plots , counsels they have vigorously pursued ) be not the principal contrivers , fomentors of all our changes of government , new sects , opinions , mutinies in and usurpations of the army , ( in whose councils most intelligent protestants have just cause to fear they have been and still are predominant ) there being multitudes of them in and about london , under several masks ; some of them saying masse in their pontificalibus in popish ladies chambers one day ; and speaking to and praying with their soldiers in the army , or in anabaptistical or quaking conventicles the next day , of which there are some late particular instances ; i shall relate one only more general and worthy knowledge . two english gentlemen of quality ( one of them of mine acquaintance ) travelling out of england into france in may . and hiring a vessel for their passage , three strangers ( who came from london ) desired leave to passe over with them ; which they condescending to , suspected one of them at least , to be a jes●it , by his discourse ; and during their stay at paris , saw all three of them there walking often in the streets in their iesuits habits . in august following , they being at angiers in france , there repaired to their lodging an englishman , in his friers weeds , who informed them , that he was an englishman by birth , but a dominican fréer by profession , newly come from salamanca in spain , and bound for england ; that he had been at rome , where he had left some goods with an irish iesuit , who promised to return monies on them in france , but had failed to doe it ; whereupon he was in present distress for mony to transport him to england , desiring their favour to furnish him with monies , which he would faithfully repay in london , and if they had any letters to send to their friends in england , he would see them safely delivered . the gentlemen finding him to be an excellent scholar of very good parts and edu●●tion entertained him . or . daies at their lodging , till they could furnish him with monies , and upon his account as a freer , had a very good intertainment in the monastery at angiers by the freers thereof : during his stay there they had much discourse with him : he told them he had been formerly a student in kings college in cambridge ; after that at salamanoa in spain , for . years . being demanded by them , whether there were not many iesuites and freers then in england ? he assured them upon his own knowledge , they had then above five hundred iesuites in london and the suburbs ; and that they had at least four or five iesuites and popish priests in and about london , to every minister we had there . whereupon they demanding of him ; how so many iesuites and priests were there maintained ? he answered , that the iesuites and every order of fréers had their several treasurers in london , who by orders from their provincials furnished them with what ever monies they wanted by bills of exchange returned to them ; that all the iesuites and priests in england were maintained according to their respective qualities ; a lords son , like a lord , and a knights son like a knight ; and if they chanced to meet him in london at their return , though he were now in a poor weed , they should find him in scarlet , or plush , & a better equipage than what he was in . he would not discover his true name to them , but upon discourse on a sudden , he mentioned his cozen howard in england , which made them suspect he was of that family . he told them further ; that though we were very cunning in england , yet the iesuites and priests there were too crafty for us , lurking under so many disguises that they could hardly be discovered : that there was but one way to detect them ; which they being inquisitive to know . he said , it was for those who suspected them to be priests to feign themselves roman catholicks , and upon that account to desire the sacrament from them , which they could not deny to give them ( after confession to them ) being bound thereto by oath , by which means some of them had been betrayed . he further informed them : that himself had been at all the several gathered churches , congregations & sects in london , and that none of them came so near the * papists in their opinions and tenents as the quakers , among whom himself had spoken . this relation one of the gentlemen ( a person of honor and reputation , the other being dead ) hath lately made to me three several times with his own mouth , and will attest it for truth , having related it to sundry others since his return into england . which considered , whether it be not the very high-way to our churches , religions , ministers , nations ruine and destruction to list so many quakers , anabaptists , sectaries , in the army and new militiaes in most counties , where they bear the greatest sway ; and to disarm the presbyterians and orthodox protestants , as the only dangerous persons , and put all their arms into quakers , anabaptists , and sectaries hands ( headed , steered by iesuits , popish priests and freers ) as they have done in glocester , colchester , cheshire , lancashire , and endeavour to doe in other parts , to cut all true protestants throats , and set up popery by the army ( which hath so much advanced it of late years ) before we are aware ? let all true zealous protestants in london and else where timely , seriously consider , and endeavour speedily to prevent ( and the council of army-officers , with their new commit● of safety too , if they have any care of their native country , or protestant religion ) before it be over-late . whether we may not justly fear , that god himself in his retaliating justice , for the iunctoes and armies unparalleld exile of their protestant king and royal posterity into popish territories ; and yet permitting such swarms of jesuits , monks and romish vermin to creep in and reside amongst us ; may not give up the dissolved juncto , army , council of officers , soldiers , and their posterities , with our whole three nations , as a prey and spoil to these seducing , dividing , ravening , all-devouring wolves ; yea to the combined forces of our spanish and french popish adversaries , to the utter desolation , extirpation , ruine of our protestant religion , in the midst of our present divisions and distractions , under a just pretext of restoring the exiled royal issue to their hereditary rights , and avenging the manifold indignities to them and their relations , unless timely and wisely prevented by a prudent , voluntary closing with , & loyal , christian restoring them , by common consent our selves , in a full and free parl. upon just , safe , honourable terms , becoming us both as men , christians , & professors of the reformed religion ? and whether we be not ripe for such a universal desolating judgement as this , if we consider , is. . , , . c. . , . c. . , to . chr. . . , to . mich. . , , , . ezech. . , . joel . , , . or the late and present sufferings of most other protestant churches abroad , not half so treacherous , perfidious , wicked , execrable as we , who are now become the very monsters of men , the scandal , shame , reproach of christianity , and humanity in the repute of all the world ? whether the iuncto and army-officers who have ( like the a hypocritical israelites ) very frequently ordered , celebrated many hypocritical irreligious mock-facts from time to time , to fast for strife , and debate , and to smite with the fist of wickednesse ; never yet observing , practising that fast which god himself requireth , to loose the bands of wickednesse , to undo the heavy burthens , to let the oppressed go free , to break every yoke , to deal their bread to the hungry , to bring the poor ( exiled protestant royal issue and their english followers ) that are cast out ( by them ) to their houses , to cover the naked , and not hide their selves from their own flesh : who have hitherto made their publike and private dayes of humiliation , a constant prologue to their ambition , pride , b and rebellious self-exaltation ; their dayes of praying to god , a preface to their preying upon their brethren ; their seeking of god for direction and assistance in their designs , a means to colour and promote the very c works of their father the devil ; their pretended following the secret impulses of the spirit of god , the sol● justification of d walking according to the prince of the air , the spirit that now worketh in the children of disobedience : their making , taking of solemn oathes , vowes , protestations , covenants , engagements to be true , faithfull , oonstant , loyal , obedient to their lawfull kings their heirs , successors , superiors , the privileges , rights of parliament our fundamental laws , liberties , religion , &c. a meer engin and diabolical stratagem , more cunningly , boldly , audaciously , perfidiously to betray , undermine , supplant , subve●t them ; have not now just cause upon consideration of isaiah . , to . and chap. . to keep many publike , private fasts , and dayes of humiliation , to confesse , bewaile , repent , renounce , and reform these their transcendent-crying , wrath-provoking sins and abominations : together with their e building up of zion ( their new republike , free-state , churches , kingdom of jesus christ ) with blood , and ●stablishing ierusalem with iniquity , f their devising iniquity and working evil upon their beds , and practising it when the morning is light , because it is in the power of their hand , and swords : their coveting ( other mens ) fields , houses , and taking them away by violence ; so they oppr●sse a man ( yea their protestant king , and thousands more of their protestant brethern ) and his house ; yea a man and his inheritance : for fear they incurre the fatal inevitable woes , evills , iudgements , denounced by god , against such crying sinnes , oppressions , violences , to the utter desolation , extirpation of them , their families , yea of our english zion and ierusalem , mic. . , to . is. . , . c. , throughout : with that of hab. . , . shall they not rise up suddenly that shall bite thee , and awake that shall vex thee , and thou shalt be for booties unto them ? because thou hast spoyled many nations , all the remnant of the people shall spoyl thee : because of mens blood , and for the violence of the land , of the city , ( army ) and all that dwell therein ? whether the junctoes and army councils utter subversion of all our fundamental laws ( especially magna charta , c. , . the petition of right and all other lawes , statutes w●ich concern the preservation of the lives , free-holds , liberties , properties , franchises of the subjects , the inheritance and succession of the crown , the rights and privileges of parliament ) their ending the last easter term , with very little law , and no conscience at all ; their beginning trinity term with very little conscience ( monopolized in their conscientious speakers brest alone ) without any law at all ; and their holding part only of michaelmas term without any chancery or conscience ( voted by some to be both useless and dangerous ) or any real law in the judgement of understanding lawyers , and breaking it off , without any law or conscience , to the undoing of many poor oppressed clients left without relief ; with their manifold transcendent obstructions , subversions both of law , equity , justice , conscience , property , liberty , in their most arbitrary lawlesse committees of indemnity , and courts of high injustice ; be not a transcendent violation of all their former remonstrances , declarations , votes , protestations , league , covenant ; inviolably to defend these lawes , and a meer iesuitical design ( as i have * elsewhere evidenced ) to work our utter dissolution ( the lawes being the onely ligaments to unite , and pillar to sup●ort our state and kingdom ; whereby not only the regal and parliamental authority , but the peoples security of lands , livings , lives , privileges both in general & particular are preserved , maintained , by the abolishing or alteration whereof , it is impossible but that present confusion will fall upon the whole state , frame of this kingdom and nation : as the statute of . iac. c. . resolves , and we finde by woful experience ? whether the army council of officers , have not most exemplarily and satisfactorily performed this part of their last printed declaration , octob. . p. . we earnestly desire and shall endeavour , that a full and through reformation of the law may be effected ; by their new committee of safeties imperious order sent to mr. dudley short ( a citizen of london ) whom mr. thurlo ( whiles secretary ) committing close prisoner to a m●ssenger several weeks , so as neither his wife nor friends could ●ave any access unto him , upon a meer trepan , and supposed matter of account between him and a scotsman with whom he traded , & enforcing him at last ere released to enter into a bond of l. with sufficient security for appearing before the council of state , & to go in person into scotl. when ever he should be required , & ordering him to go into scotland soon after ( under pain of for●●iting his l. bond ) upon his own expence , where after many weeks attendance , and frequent examinations before the council there , touching this account , the scotsman appeared to be indebted to him above l. whereupon he was dismissed thence . for which most unjust vexation , oppression and false imprisonment against the great charter , c. . the petition of right , with other acts , and the late statute of caroli , c. . for regulating the privy council , ( to mr. shorts great expence , losse of trade , reputation , and his damage of ten thousand pounds , as he declared ) he brought his action at law in the common pleas court , which was set down to be tried at guildhall , the . of this november . whereupon mr. thurlo procured an express order from the new committee of safety , wherein they presume to indemnifie him ( by their exorbitant arbitrary power ) against this action of false imprisonment , and to enjoyn the plaintiff both to surc●ase and release his sute , and never to prosecute it more ; and command his counsel , attorney , sollicitor , the iudge himself , and all other officers , not to proceed therein at their utmost peril , upon this ground ; because if this trial should proceed , any others of the late and present council of state might have actions brought against them for illegal commitments and imprisonments : upon this the officers of the court refused to seal his record for the triall , and his attorney and counsel durst not proceed for fear of being layd by the heels . whereupon he complained against this abu●e , and moved for a triall in open court , urged these statutes● with the statutes of e. . c. . e. . c. , ● and the judges oath , that it shall not be commanded by the g●eat seal , nor little seal , to disturb or delay common right ; and though such commandements do come , the iustices shall not therefore cease to do right in any point : and that the i●stices shall not deny nor delay to no man common right by the kings letters , nor none other mans , nor for none other cause . and in case any letters come to them contrary to law they shall ●o nothing by such letters , and go forth to do the law , notwithstanding such letters : and pressing the judge to doe him right accordingly , and to give him an answer in open court ; yet their order countermanded these statutes and judges oath : so that no man , though never so unjustly committed , oppressed , grieved by the old and new council of state , to his ruine ; shall have any remedy at all against them : since they may thus indemnify each other against all actions commenced . and if they bring an habeas corpus for their enlargement , and be bayled according to law by the judges ; the new gardians of our liberties , preservers of our safety , and thorough reformers of our lawes , ( by extirpating them root and branch ) will even in the very face of the court , as soon as they have put in bayl , in contempt of law and justice command soldiers and their serjeant at arms , by new orders to arrest and carry them to other prison● , and forein islands , as they did mr. nuport and mr. halsey on the . of this instant nov. notwithstanding they had put in bail of . l. a piece for their peaceable deportment : yea if any henceforth move for habeas corporaes they will remove them unto new prisons , or gards of souldiers , or send them into forein parts to prevent their returns and enlargement by our laws ; as some have been newly dealt with , by these new full & through r●formers of the laws , whether these very first-fruits of their full and through pretended reformation of our laws , proving so bitter , trampling all law and justice under foot , with greater scorn , contempt , impudence than ever any kings , old council table lords , stra●●ord or canterbury were guilty of : and their leaving not so much as one judge or justice to act under them in any one court of justice at westminster , nor no face of any real or pretended legal authority in england or ireland to execute justice between man and man : and dismounting all those judges , grandees of the law who formerly complyed with them , and acted under them in all their innovations , ( a just reward for their temporizing against their judgements , law and conscience ) their future harvest of our lawes reformation will not probably prove so lawlesse and exorbitant , that the whole english nation ( and army too , if they have not abandonned all humanity , christianity , charity , justice ) will revive this prayer in our antient liturgy , against such a full and through deformation and deformers of our lawes . from all evil and mischief ; from all blindness of heart , from pride , vainglory and hypocrisie , from envy , hatred , and all uncharitablenesse , from all deceits of the world , the flesh and devil good lord deliver us . and exhort their fellow brethren of scotland and ireland in the apostles words , thess. . , . finally , brethren , pray for us , that the word of the lord ( and good old laws of the land ) may run and have free course , and be glorified ; and that we may be delivered from absurd , or unreasonable & wicked men , ( who thus reform and purge out the laws very bowels ) for all men ( and such reforming saints especially ) have not faith : whatever they professe , who under pretext of a most transcendent reformation and purgation of the gospel and law , would reduce us into the condition of the israelites , chron. . . now for a long season israel had been without the true god , and without a teaching priest , and without law ? and why so ? the apostle resolves us in direct terms , tim. . . &c. the end of the law is charity out of a pure heart , and of a good conscience , and of faith unfeined : from which some having swerved have turned aside to vain jangling : desiring to be teachers , ( yea reformers ) of the law , understanding neither what they say , nor what they affirm . but we know that the law is good , if a man use it lawfully ; knowing also that the law is not made for a righteous man ; but for the lawless and disobedient , for the ungodly and for sinners . for murderers of fathers and murtherers of mothers , for man-slayers , &c. for men stealers for lyars , for periured persons , & every other thing that is contrary to sound doctrin : and our army-grandees , juncto , and new reformers being such ; would abrogate all lawes , and lawyers too , least they should restrain and punish them for these their capital crimes : forgetting this lesson , that though they null all the laws and courts of justice in westminster-hall , and elsewhere ; yet they shall never abrogate nor escape the law , iudgement , execution , iustice and vengeance of * god himself● who will render indignation and wrath , tribula●ion and anguish to every soul of man that doth evil● whether iew or gentile . for as many who have sinned without l●w● shall also perish without law , and as many as have sinned in the law , shall be judged by the law . enough to disswade them from their intended reformation , to reform their own and the armies l●wless exorbitances , before they reform our laws , or others far better than themselves . whether all the old conscientious , faithfull , publike spirited , secured , excluded , and re-excluded member's , who to the uttermost of their powers opposed , voted , protested against all the late dismal jesuitical powder-treasons , violences , innovations , ex●rbi●ances of the dissolved iuncto and army , and have h vexed their righteous souls , from day to day , yea i shed rivers of te●rs from their mournfull eyes , because of these their heinous transgressions against the laws of god and the land , may not with much comfort apply this promise of god to themselves , and their uncharitable brethren , who secluded all , & imprisoned sundry of them . isa. . , . &c. . , , . hear the word of the lord , ye that tremble at his word : your brethren that hated you , that cast you out for my name sake , said , let the lord be ( thereby ) glorified , but he shall appear to your joy , and they shall be ashamed . ( by reason of their own double ejection , dissolution in a strange unexpected manner ) a voice of noise from the city ; a voice from the temple ; a voice of the lord that rendreth recompence to his enemies . lord , when thy hand is lifted up , they will not see ; but they shall see , and be ashamed for their envy towards the people ; yea the fire of their enemies ( their very fierie guards and powder-men ) shall devour them . o lord our god , other lords besides thee ( our new supr●me lords , powers , protectors of the dissolved junctoes , counsel , and tother house ) have had dominion over us , but by thee only will we make mention of thy name : they ●●e dead , they shall not live ; they are deceased , they shall not rise : therfore hast thou visited and destroyed them , and made all their memory to perish : even k so let all thine enemies ( and the publike impenitent , malicious en●mies of our churches , kings , kingdoms , parliaments , peoples liberties ) fall and perish , o lord : but let th●m that love thee ( and the publike peace , welfare , settlement , prosperity of our churches , kings kingdoms , nations ) be a● the sun w●en he goeth forth in his might ; that so the land may have rest forty years together : as the land of israel had , after l the lord had discomfited sisera , and all his chariots , and all his host with the edge of the sword , before barak and deborah , amen . whether the general council of officers and army-saints former and late slandering , false accusing , forcible secluding , the members of the long parliament , as trust-breakers , and the whole house of lords , for whose defence they were raised , waged , commissioned ; and their subsequent dissolving , dissipating with high scorne , their own anti-parliamentary iunctoes from whom they received their new commissions , end engaged several times , to yeeld their utmost assistance to them to sit in safety , to be true , faithfull and constant to them , and to live and die in their defence : be a conscientious saint-like performance . . of iohn baptists evangelical injunction to all souldiers , luke . . do violence to no man , neither accus● any falsly , and be content with your allowance . ly . of st. pauls description of a good souldier of iesus christ tim. . , . thou therefor● endure hardness : no man that warreth , intangleth himself with the affairs of this life , that he may please him who hath chosen him to be a souldier . ( not disobey , betray , supplant or destroy him ) ly . of pauls and peters expresse commands to all officers , souldiers whatsoever , as well as others , rom. . , , &c. let every soul be subject to the higher powers : for there is no power but of god : the powers that be , are ordained of god . whosoever therefore resisteth the power resisteth the ordinance of god : and they that resist , shall receive to themselves damnation , &c. wherefore ye must needs be subject , not only for wrath , but also for conscience sake . tit. . , . put them in mind to be subject to principalities and powers ; to obey magistrates , to be ready to every good work : to speak evil of no man ; to be gentle , shewing all meekness unto all men . ephes. ● . , , . col. . , , . servants ( & such are all mercen●ry officers , soldiers , under pay to the old parliament and kingdom ) obey in all things , your masters according to the flesh , in fear and trembling , in singleness of heart , as unto christ , not with ey● service , as men-pleasers ; but as the servants of christ doing the will of god from the heart . with good will doing service , as to the lord , and not to men ; for ye serve the lord christ . pet. . , to . submit your selves to every ordinance of man for the lord sake , whether it be to the king as supreme , or unto governors , as unto those who are sent by him for the punishment of evil doers , and for the praise of them that do well ; for so is the will of god , that with well-doing ye put to silence t●e ignorance of foolish men . as free , and not using your liberty , as a cloak of maliciousn●sse , but as the servants of god . honour all men , ( in lawfull authority ) fear god , honour the king . servants , be subject to your masters with all fear , not only to the good and gentle , but also to the froward . for this is thank-worthy , if a man for conscience toward god endure grief , suffering wrongfully . whether by their former & late rebellions against the king , parl. & all their lawful superiors , and exalting themselves above all the●r former lords and masters , they have not given christ himself the lye , and falsified his reiterated asseveration , resolution . mat. . . john . . c. . . verily , verily i say unto you , the disciple is not above his master , nor the servant above , or groater than his lord ; neither he that is sent , greater than he that sent him . if ye know these things , happy are ye if ye do them ! whether they will not prove bitternesse , damnation , ruin to them in the latter end , and teach , engage all common souldiers under them to be treacherous , rebellious , disobedient unto them , and thrust them out of all their commands , now they have neither legal commissions nor a●thority to rule them , nor monies to pay or quarter them , nor imployment under them for the peoples welfare , but only for their own ambitious ends and self-preservation , for which they were never raised , since their own presidents and principles of treachery and disobedience to all their former superiours animate them thereunto . whether the ●unc●o ●nd army council , upon seriou● co●sideration of all the premis●s ●●d their form●r misca●●iages , h●v● not all cause with penitent hea●ts a●d bleed●ing spirits to cry out and make this old publik● confe●●io● in the book of common prayer . almighty and m●st m●rcifull father , we have erred and stray●d from thy ●aye● li●● los● sheep . we have followed too much the de●ices and desires of our own hearts ; we have offended against thy holy laws ; we have le●t ●ndone those things which we ●ught to h●ve done , and we have done those things which we ought not to ha●e done , and there is no health nor truth in ●s . but thou o lord have mercy upon us miserable offen●●●● . and grant that we may hereafter live a godly , righteous , & sober life , to the glory of thy holy name . amen . which if these workers of iniquity shall still refuse to do , as if the lord did neither see nor regard it ; and therby provoke our . nations to cry out with united prayers to god against thē ; * help lord , for the godly man ceaseth , for the faithfull fail from among the children of men . with flattering lips , and with a double heart do they ●pake , every one to his neighbor . o lord god of revenges , o lord god to whom vengeance belongeth , shew thy self ; lift up thy self thou iudge of the earth , render a reward to the proud : lord , how long shall the wicked , how long shall the wicked triumph : how long shall they utter hard things , and all the workers of iniquity bo●st themselves ? they break in pieces thy people , o lord , & afflict thine heritage ; they slay the widow and murder the fatherless ; they gather themselves together against the soul of the right●ous , and condemn the innocent bloud . whether they must not then expect that inevitable doom of god himself , ensuing after such practises and prayers , psa. . . and the lord shall bring upon them their own iniquity , and shall cut them off in their own wickednesse ; yea the lord our god shall cut them off ? * the transgr●ssors shall be destroyed together , the end of the wicked shall be cut off : but the salvation of the righteous is of the lord , he is their strength in the time of troble . and the lord shall help them , and deliver them , he shall deliv●r them from the wicked , and save them b●cause they trust in him . jer. . , . it may be they will ( now ) present their supplications bef●re the lord , and r●turn every one from his evil way , that god may forgive their iniquity and their sin ; for great is the anger and the fury that the l●rd hath pronou●ced against this people . an exact alphabe●ical li●t of the old and n●w secluded memb●r● of the comm●ns house in the long parliament , surviving may . . when the dissolved juncto began their new session . baronets , knights and viscoun●s . lord ancram , sir ralph ashton , sir john barring●on , sir thoma● barn●rdiston , sir robert benloe●sir george booth , sir humphry bridges , sir ambrose brown , sir john burgo●n , sir roger burgoin , sir henry ●h●lmley , sir john clotworthy , sir john corbet , sir john curson , sir thomas d●cre● , sir franci● dr●ke , sir william drake , sir walter earl , sir c●arles egerton , sir john evelin of surry , sir john evelin of wilres , sir john fenwick , sir edmund fowel , sir gilb●rt gerard , sir ha●botle grimston , sir ri●hard h●nghton , sir john holland , sir anthony ●●by , sir mar●in knatchbull , sir john leigh , sir william l●w●● , sir william li●●●r , sir william lit●on , sir sam●el luke , sir nichol●● martyn , sir thomas middl●ton , sir robert nappirr , sir rober● ne●h●m , sir dudly north , sir john no●thcot , sir richard onslow , sir hug● owen , sir john p●lgrave , sir philip parker , si● thoma● parker , sir edward partridge , sir john pellam , sir william pl●ter● , sir nevil poole , sir j●●n po●● , sir robert pye , sir f●an●is russel , sir 〈◊〉 sain●● john , sir john s●ymo● , sir thoma● so●e , sir william stri●kl●nd , ●ir john temple , sir thom●● trever , sir humph. tu●ton , sir william waller , th●m●● viscount wenman , sir henry wo●sly , sir ri●hard wynne , sir john young . in all . esquiers , g●ntlemen and lawyers . joh● alford , arthur ansley , mr. andrews , william ardington , john arundle , mr. a●cough , francis bacon , nathaniel bacon , edward bainton , ●ol . john barker , maurice barro , mr. bell , james bence , col. john birch , edward bis● , john bowyer , john boyes , major brooks , major general brown , samuel brown , serjant at law , francis buller , john bunkly , hugh buscoen , mr. bu●ton , mr. camble , william carren● , col. ceely , jame● chaloner , mr. clive , commiss. copley , john crew , thomas crompton , mr. crowder , thoma● dacre , john dormer , john doyle , mr. drake , robert ellison , mr. eri●●y , mr. evelin , edward fowel , william foxwi●t , john francis , james fyennis , nathaniel fyennis , samuel gardiner , francis gerard , thomas gewen , william glan●il , john glynne serjant at law , samuel gott , thomas grove , elias grymes , brampton gurdon , edward harby , col. edward harley , major harley , john hatcher , john ha●don , james herbert , john herbert , mr. hobby , thoma● hodges , denzel hollis , franci● hollis , george horner , edmund ho●kin● , john hungerford , col hunt , mr. jennings , william jones , george keckwich , richard knighly , col. lassel● , h●nry l●urence , col , lee , mr. lewis , col. walter long , mr. low●y , col. john loyde , mr. lucas , mr. lu●kin , john mainard , christopher martin , major gen. edward massey , thomas middleton , thoma● moor● , william morrice , george mountague , mr. nash , james nelthrop , alder●an nixon , mr. north , col. norton , mr. onslow , arthur owen , henry oxinden , mr. packer , mr. peck , henry pellam , william peirpoint , jervase pigot , mr. potter , mr. poole , col. alexander popham , mr. povy , m● . pri●ty , william prynne , alexander pym , charles pym , mr. rainscraft , mr. ratcliffe , charle● rich● col. edward rossiter , mr. scowen , mr. scut , col. robert sh●peot , col. shuttleworth , mr. spelman , mr. springat● , henry stapleton , robert stanton , edward stephen● , john steph●ns , nathaniel stephens , mr. stockfield , john swinfen , mr. temple , mr. terwit , mr. thistlethwait , mr. thomas , isaac thomas , mr. thynne , mr. t●lson , j●hn t●ever , thomas twisden serjeant at law , mr. vassal , mr. vaugha● , thomas waller , mr. west , he●ry weston , william wheeler , col. whitehead , henry wilkes , capt●in wingate , mr. winwood , thomas wogan , mr. wray , richard wynne . the total number , . besides the house of lords . an alph●betical list of all members of the late dissolved iuncto . james ash , alderman atkins , william ayre , mr. baker , col. bennet , col. bingham , daniel blagrave , mr. br●wster , willi●m cawly , thomas chaloner , mr. cecil the self-degraded earl of sali●bury , robert cecil his son , john corbet , henry darley , richard darley , mr. dixwell , john dove , mr. downe● , serj. earl , will . ellys , mr. feilder , mr. fell , col. charls fleetwood , augustin garland , mr. gold , john goodwin , robert goodwin , john g●rdon , mr. h●llowes , sir james h●rrington , col. harvy , sir arthur hasilrig , mr. hayes , mr. herbert the self-degraded earl of pembrook , roger hill , cornelius holland , col. hut●hi●son , col. ingol●by , philip jones , mr. leachmore , william lenthall speaker , john lenthall his son , john lisle , philip viscont lisle , thomas lister , nicholas love , col. ludlow , henry martyn a prisoner in execution , mr. mayne , sir henry mildmay , gilbert millington , col. herbert morley , lord viscont munson , a prisoner in execution , henry nevil , robert nicholas , michael oldsworth , dr. palmer , alderman pennington , sir gilbert pi●kering , john pine , edmond prideaux , william puresoy , thomas pury , robert reynolds , col. rich , luke robinso● , oliver saint-john , major saloway , mr. say , thomas scot , major general skippon , augustin skinner , mr. smith , walter strickland , col. sydenham , james temple , col. temple , col. thompson , serjant thorpe , john trencher , sir john trevor , sir henry vane , col. waite , mr. wallop , sir thomas walsing●am , col. walton , sir peter wentworth , edmond weaver , mr. white , serjeant wilde , sir thomas witherington , sir thomas wroth. the totall sum , — . ¶ note , that of these members ( whereof two are since dead ) there entred only . into the house at first ; that the rest came in to them by degrees , either to keep their old preferments , gain new , or regain the places they had formerly lost ( ●specially the lawyers , who notwithstanding their former complyances , are turned quite out of office , and dis-judged ; ) that . or more of them , came in by new writs issued in the name of the keepers of the liberties of england , after the kings beh●ading , and were no members of the long parliament ; that there were never . of them together in the house at once whiles they sate : and but . on the . and . of october last upon the great debate between them and the army officers : and some that sate formerly with them ( as the lord fairfax , john ●ary , and others ) refused to sit with them now , as having not the least colour of law , to sit or act as a parliament . yea , their speaker mr. lenthal , told the officers of the army and members , who came to invite him to sit again , may . that he had a soul to save ; and that he was not satisfied in point of law , conscience or prudence that they could sit again : b●t at last when he considered , he had an estate to ●ave ( as he told another friend ) that over-ballanced all his former objections : and made him , and other m●mbers act against their judgements , consciences , and to forg●t our savio●rs sad q●aeres , mat. . . what is a man profited if he should gain the whole world and lose his own soul ? o● , what shall a man give in exchange for his soul ? with that of jer. . . . shall i not visit for these things ? shall not my soul be avenged on such a nation as this ? and what will ye do in the end thereof ? to fill up the vacant pages of this sheet , i shall propose . quaeres more to this late dissipated rump , to which i expect their satisfactory answer , ere they presume to sit again , as many of them endeavour . . whether they could with any colour of law , truth , reason , justice , co●scien●e heretofore , or can hereafter by virtue of their first writs and electio●s , intitle themselves , the parliament of the commonwealth of england , scotland , & ireland ; when by their writs , elections and indentures , by which they pretended to sit , they were only a small inconsiderable fragment , of the parliament of the late king and realm of england , but never of the realm of scotland or ireland , which have their * distinct parliaments from england , and no legal parliament of england , scotland or ireland : ever hitherto was or can be held without a king and house of lords , and a full house of commons , of which they are not the fift part ? . whether those interloping members elected since the kings beheading , and old parliaments dissolution by his death , by writs only in the name of the gaolers of the liberties of england , can fit , act , or joyne with the tayl of the old commons house , elected only by the beheaded kings writs , and so owning his royal authority in deeds , though abjuring it & kingship , by their declarations , votes , knacks , ingagements and new-coined oathes ? whether such a strange model as this , be not a violation of deut. . , , . thou shalt not sow thy vineyard with divers seeds , lest the fruit of thy seed and vineyard be defiled . thou shalt not plow with an ox and an asse together . thou shalt not wear a garment of divers sorts , as of wollen and linnen together ? and as great an absurdity as that in horace , humano capiti cervicem jungere equinam ? ly . whether it will not be the extremity of folly and frenzy for this twice dissolved anti-parliamentary iuncto to conceit , that lambert and those army-officers , who have twice turned them out of doors with greatest infamy , and branded them with so many deserved marks of treachery , injustice , vsurpation , rashnesse , oppression , self-seeking , or the surviving numerous members of the ou● long parliament , or the counties , cities , boroughs , ports for which they served , the old house of peers , or our three kingdoms , will ever patiently permit them to sit or act as a lawfull parliament of england , scotland and ireland ; or submit to any of their anti-parliamentary knacks , taxes , excises , imposts , militia●s , orders , or usurped regal p●rliamental soveraign legislative authority ; without rising up unanimously against them , as the worst , impudentest , sottishest of trayt●rs , vsurpers , enemies to the peace and settlement , of our . kingdoms , ( as their last knack of octob. . their plea , and other late publications of their own , proclaim them to all the world ) which they have so miserably oppressed , impoverished , rent in pieces by their forementioned treasons , innovations , and complying with those ambitious , covetous army-officers , and jesuitical emissaries , whose designs , and their own self-ends they have only pursued , to the publike desolation of our kingdoms and churches ? and whether their re-secluding of the lords house , and their old surviving fellow-members will not be a justification , and ground for their own third ejec●ment & dissolution , by the army or others , if they presume to sit and act again without them ? . whether there be any probability or possibility , ( considering all the premises ) that any common souldiers , mariners , or other inferior officers in the army or navy , can expect any real payment of their arrears , or future pay , or the people of our . nations any trade , peace , ease , settlement in the least degree , but inevitable speedy desolation , confusion , destruction , unless they all cordially unite their endeavours , counsels , forces for the speedy convening , and secure un-interrupted fitting of a full , free and legal english parliament , according to the act of caroli cap. . and declaring all such members of the twice-dis●ipated juncto , and army-grandees traitors and enemies to the publike , who shall openly and wilfully oppose this their just and necessary only probable means of their tranquility , safety , prosperity ? which they pretend to aim at in words and declaration● , but diametrically contradict by their proc●edings , as experience manifests , past all contradiction . . whether our protestant king , his brethren and follow●rs expelled out of their protestant realms , and forein allies territories , into popish idolatrous forein quarters , where they sojourn , to the hazard of their religion , souls bodie● , by the malice of the dissolved iuncto , army , republican saints ; may not now justly use that speech of ●nnocent persecuted , exiled david to king saul in the like case and condition , sam. . . if the lord hath stirred thee up against me , let him accept an offring : but if they be the children of men , cursed be they before the lord , for they have driven me out this day from abiding in the inheritanc● of the lord , saying , on serve other gods ? and whether god by way of requital for this their transcendent impietie , and other premised crimes , treasons of all sorts , wherein they impeni●ently persevere , may not justly inflict on the iunc●o , army-grandees● and their posterities , that severe judgement threatned to the israelites , jer. . . deutr. . , . c. . , , . therefore will i cast you out of this land , into a land that ye know not , neither ye nor your fathers ; and the lord shall scatter you among the nations , and ye shall be left few in number among the heathen whither the lord shall lead you ; and there you shall serve gods day and night , the work of mens hands , wood and stone , which neither see , nor hear , nor eat , nor smell ; where i will not shew you favour . and amongst these nations thou shalt find no ease neither shall the sole of thy feet ●ave rest , but the lord shall give thee there a trembling heart , and fa●ling of eyes , and sorrow of mind ; and thy life shall hang in doubt before thee day and night , and thou shalt have non● as●uranc● of thy life : in the morning thou shalt say , would god it were even ; and at even tho● shalt say , would god it were morning , for t●e fear of thine hea●t , and for the sight of thine eyes which thou shalt see : and there shall ye be sold unto your en●mies for bondmen and bondwomen , and no man shall buy you ? o tremble at the serious thoughts thereof , and be no more stiff-necked . . whether the memorable example of gods divine iustice upon lockier , an active agitator and leveller in the army , who had a principle hand in seising , & bringing the king to his death , cried out iustice , iustice , iustice openly against him , and spit in the kings face in westminster hall , when going to his trial , before his condemnation ; conducted him to the block ; and was within . moneths after condemned in a council of war by some of the kings own iudges , and shot to death as a m●tineer , in london , april ● the tragical self-execution of thomas hoyle , alderman and knight for the city of yorke , one of the juncto , and high court of iustice , ( though he signed not the kings sentence ) and one who consented to , and subscribed the new engagement , against a king and house of lords , against his conscience , fo●mer oaths , covenant , and protestation he had taken● the horror whereof so terrified his conscience , that on the . of ianuary . ( the very day● twelvemoneth of the kings execution ) he hanged himself with a cord in his chamber at westminster , about the very time of the day the king was there executed the year before . the execution of sundry levellers at burford that year , with iohn lilburnes double trial for his life soon after by cromwels own prosecution : his proceedings against saxbey , syndercombe , and other levellers , though his chief instruments to bring the king to justice , to seclude the majority of the members , and suppress the whole house of lords . the sudden and fearfull deaths of col. ven , rigby , and others of the kings judges ; the cashiering , close imprisonments , suff●ings of m.g. harrison , col. rich , col. overton , col. okey , lord grey of grooby , and others of the kings condemners by cromwell himself who engaged them therein ; the removal of iohn bradshaw , from his presidentship , and feudes between cromwell and him , who secluded him ou● of his f●●st instrumental parliament , in . and after that threatned to imprison and question him for his life ; with the la●e pangs of conscience which col. william purefoye sustained before his death in september last , for having a hand in the kings bloud , which lay heavy on his heart , ( as he told some friends . ) to say nothing of oliver cromwels own death , septemb. . on which day he shed much protestant christian bloud in the battels of dunbar , and worcester , against the present king and his adherents : and his two sonnes sudden dismounting : may not justly awaken the stupid , seared consciences of all the dissolved juncto , and army-officers now living , who had any hand in the tragedies and powde●-plot against the late king and parliament ; to bring them to speedy , sincere , real publike repentance for them , before they sink down quick into hell ; or fall into like exemplary terrors , judgments , and self-executions ; and likewise deterr all others from treading in their nnwarrantable pathes : ( ) all these thing● hapning to them for their examples , to the intent th●y should not lust after nor act those evil things , which they attempted , accomplished to their own prejudice , as well as the publike desolation : it being ( ) better for such men never to have been born , than to become traytors to their own christian kings , parl. country , and to be registred to posterity amongst such who were born only for publike mischief , & happier never to have or enjoy the least power or strength , than to abuse it to the publike nusance of others . ( ) p●stifera vis est valere ad nocendum . such a power , force as this , which some in late and present power have exerci●ed , if ( ) st. augustin mistake not ; non sanitatis est , sed insaniae . nam & phreneticis nihil fortius , valentiores sunt sanis ; sed q●anto majores vires , tanto mors vicinior : avertat ergo de●● ab imitatione nostra fortes istos . . whether if the twice dissolved rump shall audaciously presume to sit and act again as a parliament , notwithstanding all out-goings of gods former signal providences , judgements , and the people , armie● general indignation against them ; we may not justly apply s. peters sentence concerning apostates to them , pet. . , . w●iles they promise themselves ( and others ) liberty , themselves are servants of corruption ( and of the army too that turned them twice out of doors ) for of wh●m a man is overcome , of the same is he brought into bondage : but it is happened unto them according to the old prouerb ; the dog is returned to his own vomit again , and she sow that was washed , to her wallowing in the mire ; and the latter ●nd 〈◊〉 ( and will be ) worse with them than the beginning . with that parable of our saviour , mat. . , , . lu. . , , . when the unclean spirit is gone out of a man , h● walketh through dry places seeking rest , and findeth none ; the●● saith he , i will return to my house from whence i came ( and was cast ) out , and when he is come , he findeth it empty , swept and garnished : then goeth ●e and taketh with himself seven other spirits more wicked than himself , and they ●●ter in and dwell there : and the l●st state of that man ( yea of our kingdom , church , nation through their usurpations , whym●ies , pressures , ) is worse than the first : even so shall it be also unto this wicked generation , * extrema captivitas vestra gravior erit quàm prima ; as i told sir arthur haslerigg in westminster hall may the . . two dayes before their las● session , when the commons house was sweeping and garnishing for the iunctoes return into it ; which they and we have found true by experience , and shall do so again if they presume to return in●o i● . finis . ●rrata . p● . l. . james , r. iohn nelthrop . notes, typically marginal, from the original text notes for div a e- a prov. . , ● b prov. . ● * tit. . . c jer. . . c. . . ezech. . . * see a collection of the armies engagements , remonstrances , &c. p. , ●o . * animadversions upon the armies remonstrance , nov. . . p. , , . f see the . part of the history of independency . g see the republicans spurious good old cause briefly and truly anatomised , p. . to . thess. . . b see their declarations and papers of april . and august . ● and true state of the commonweal●h of england p. , to . * as he did col. overton , okey , and sundry others . * see his re●ired ma●s ( unintelligible ) meditation● . g jer. . . h isay . . * lu. . . i isay . . * jer. . , &c. k is●y . . jer. ● , to . l isay . . ezeck. . , . m isay . . * in prynne the member recon●iled to prynne the barrester . a legal vindication against illegal taxes , a true and perfect narrative , p. , to . a brief necessary vindication of the old and new secl●ded members●● . . * exact coll. p. , . a collection of ordinances , p. . , . * gal. , . a see the armies plea and declaration , october . the printed votes , diurnals , and parliaments plea . a exod. . . psa. . . * jac. c. , , * these voters certainly intended to make an endless trade of warr , and never to have any peace . * penned by mr. whitlock . * lenthall , whitlock , &c. * through fear of some army officers . * gen. . , to . * acts . . c. . . * see my true and perfect narrative , p. , . * de beneficiis , l. . c. . * mark . . luke . . c. . . * the sexton● boy at westminster , who shewed his herse , at first said , here is the herse of oliver late protector ; the conqueror of england , scotland & ireland , whose crowns he ●ears upon his sword : and said he had order to say so . * see my concordia discor● * see my legal historical vindication , &c. * isay. . . the seed of evil doers shall never be renowned . * ps. . , . * hos. . , . * judges . . * understand ye brutish among the people : o ye fools , when will ye be wise ? ps. . . as the new committee of safety have 〈…〉 impose a new tax of , and quarter sold●e●● on the d●niers of it . * see my concordia discors . * pet. . , . * jam. . . * had he writ ●t to a spaniard , no doubt the letter would have been in spanish , ( not english ) as well as the suprescription . * leopold . * condi● . * execution he means . * this intimates he was a priest or jesuit who writ it . * see my hidden works of darknesse , brought to publike light . * see mr. smiths . new books against the quakers , and dell , proving them to be papists . a is. c . to . b psa. . . c john . , . ephes. . , , . d ephes. . , . e micah . hab. . , f micah ● . , , , , . * my true and perfect narrative , p , to . * rom. . , , , , . h pet. . , . i psal. . ● k judges . . l judges . . * psal. . ● , . ●sal . . . * ps. . , ● . * cookes . instit , c. . , . nota. ( ) cor. . . . ( ) mat. , ( ) seneca de cleme●●ia● l. . ( ) enarratio in psal. . * theophylacti enar. in mat. c. ●● . see opus imperfectu● in mat. hom. . munday, january . . resolved by the parliament, that all officers who were in commission on the eleventh of october . ... england and wales. parliament. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) munday, january . . resolved by the parliament, that all officers who were in commission on the eleventh of october . ... england and wales. parliament. sheet ([ ] p.) printed by john streater, and john macock, printers to the parliament, london : . [i.e. ] title from caption and first lines of text. a resolution of parliament that all officers who were in the late rebellion (of george booth) submitting themselves to parliament before january be pardoned. annotation on thomason copy: "january. ." reproduction of the original in the british library. eng delamer, george booth, -- baron, - -- early works to . pardon -- england -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no munday, january . . resolved by the parliament, that all officers who were in commission on the eleventh of october . ... england and wales. parliament. a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion blazon or coat of arms munday , january . . resolved by the parliament , that all officers who were in commission on the eleventh of october . and all other officers and souldiers in the late defection and rebellion who have already submitted , and such as shall hereafter submit themselves , and have returned , or shall return to their duty and obedience to the parliament before the ninth day of this instant january , shall be and are hereby pardoned and indemnified for life and estate ; provided that this vote shall not extend to the pardoning of wilfull murder . and it is ordered that all such of the said officers and souldiers who shall so return to their duty and obedience to the parliament , shall be disposed of by the councill of state , commissioners for management of the army , or generall monck . resolved , that john lambert esq shall be included in this vote . ordered , that it be referred to the councill of state to see that this vote be put in execution . resolved , that this vote be forthwith printed and published . thomas st nicholas , clerk of the parliament . london , printed by john streater , and john macock , printers to the parliament , . a letter from scotland written occasionally upon the speech made by a noble peer of this realm by a better protestant than the author of it (though a servant to his r.h). roscommon, wentworth dillon, earl of, ?- . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing l _cancelled wing r b estc r estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a letter from scotland written occasionally upon the speech made by a noble peer of this realm by a better protestant than the author of it (though a servant to his r.h). roscommon, wentworth dillon, earl of, ?- . sheet ( p.) s.n., [london : ?] caption title. imprint suggested by wing. imperfect: print show-through. this item appears as wing l . in wing ( nd ed.) this number is cancelled and reassigned as wing r b. reproduction of original in the huntington library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng great britain -- history -- charles ii, - . great britain -- kings and rulers -- succession. great britain -- politics and government -- - . - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion a letter from scotland : written occasionally upon the speech made by a noble peer of this realm . by a better protestant than the author of it , ( though a servant to his r. h. ) i have heard much of the sad state and condition we are in , and i am convinced of it , since i see such reflections made with impunity upon the kings person and government . i shall say little to the president of our henry the iv , unbridled violence , and mean condescensions , are the unhappy necessities of an usurper ; but a good and a lawful king is obliged to maintain his own prerogative , as well as the rights of his subjects . but is it possible , that the supposed author of the printed speech , should already forget , how lately the king ( after a great retrenchment of his family ) did at once , and ( as it is said ) by his lordships advice , change almost his whole council ? and yet the people ( or those that still make use of their names ) never were , nor will yet be satisfied . i will not put his lordship in mind of the court ladies , since he doth not remember he spoke of them : but unless he make himself a samuel , i do not know what authority he has to examine saul , about the bleating of the cattel ? i cannot believe his lordship could have the heart , to sacrifice the fairest of them ; his lordship may read in the same place , that obedience is better than sacrifice ; but if a sacrifice must be made , it is not to the people , but to god and iustice. i would fain understand what is meant by the people ? for now every man calls himself the people ▪ and when one man calls for one thing , and another for something , directly opposite , both cry out , that if this , or that be not done , the people is betray'd ; that is to say , they will endeavour to perswade them so . but the people in this speech , hath a strange dialect , such as i hope no englishman understands ; must , was never the language of a good subject , nor submission the part of a king ; ( we must , &c. and no new converts , ) i am sorry , that with all our zeal , we are so unkind to proselytes , we had a greater value for them not long since ; for though l. b. was accused of the plot , his conversion secured him without a pardon , though either his lordship was deeply guilty , or the kings evidence grosly perjured . till the author discover who he means by sempronia , i shall not tell him who i believe to be as bad as catiline . but it is prodigious , that while we are frighted with bug-bears of invisible dispensations from the pope , his lordship with his arbitrary must , should dispence at once , with the law of god , as to the queen ; with the law of nations , as to foreign ministers ; with the laws of hospitality , as to strangers , and all that part of the oath of allegiance , that concerns the heir of the crown , which is equally binding with the rest , to all whose suspected honesty cannot accept of such an arbitrary dispensation . his lordship seems much concerned to hear of a bargain between the king and the house of commons ; and so am i , for things are too ripe for mischief , when subjects are permitted to capitulate with their soveraign . the kings subjects ( by his permission ) have made capitulations with foreign princes ; but his lordship would not have the king so far trusted , as that his own subjects may capitulate with him , because as his lordship says , he has so often deceived ( that hard word ) the people . and i beg leave to use the same expression of his majesties patience , which his lordship uses of his little care of his person , that no story affords a parallel of him . the actings of the duke are indeed admirable to all , but incomprehensible to such as have not the true principles of loyalty rooted in them . but his lordship ( who in cromwell's time was much better acquainted with what pass'd at london , then at bruxels ) avers , that the duke had an early aim at the crown , before the kings restauration ; this is a high charge , and ought to be better proved than by a bare assertion : hath his lordship any letters to produce from his royal highness to himself , or any other chief minister of the vsurpers ? or to what crown could the duke pretend , when they had robbed the king of his own ? the duke can shew undeniable proofs of his allegiance , even in those days ; for what could an exiled prince do more , than leave the great commands , and pensions that he had abroad , and all the advantages that his birth , his courage and his reputation promised him , to follow the fortune , and the wants of his majesty ? but how will his lordship make out , that after the match with a portugal lady , ( for that is the only title his lordship allows the queen ) the duke and his party made proclamation to the world , that we were like to have no children , and he must be the certain heir : where is the world ? and where is the proclamation ? he says the duke took his seat in parliament , as prince of wales ; but his lordship knows , that the seat on the right hand of the state , was , and is reserved for the prince of wales , the duke took that on the left hand ; the printed pictures of the house of peers , sitting upon the tryal of the earl of strafford , shew , that this is no innovation ; and his royal highness had the same seat , when the king his father called the parliament at oxford . he urges , that the duke had his guards about him , upon the same floor with the king , and so the king was every night in his power : it was a timerous ambition that lost so many opportunities . but what an impudence is this ? the duke never had guards ; they are the kings , the king pays them , they wait in their turn upon the king , and have but the name of the duke , as the foot-regiments have of colonel russel , and my lord craven ; so the duke was every night in the kings power . next he fires his greatest guns , the duke is plainly the head of the plot ; by whose evidence ? long before the duke was named , mr. oates declared to the lords , that he had no more to accuse ; if he accuse him now , and oates be divided against oates , how can his testimony stand good ? bedloe said as much ; and here appears no evidence , where the greatest would be little enough i say nothing of a presbyterian plot ; but ( with his lordships leave ) what has been , may be . the calling , the proroguing , and the dissolving of parliaments , are so absolutely in the king , that they ought to be riddles to a subject . when the duke was commanded to leave the kingdom , i appeal to all the world , how readily , how submissively he obeyed ; and comparing his immediate obedience , with the obstinate refusal of others , who still stay in opposition to the kings command , let any impartial man of sense decide , which has shewed most loyalty and duty . his lordship and his party ( for he says , we ) expect every hour , that the court should joyn with the duke , against them ; but i find , the court is as hard a word , as the people , and as boldly , and as odly used ; if by that word , he means the king , all his lordships rhetorick will scarce perswade us , that the king should conspire with the duke , against his own crown , and his own life ; if not , what can the court do without the king , and against the nation ? besides , his lordship has too many friends among the courtiers , to suspect them ; and the duke has met with too much ingratitude , to trust them . his lordship avers as truly ▪ that the king has declared the duke to be dangerous ; as , that his royal highness is now raising men in scotland , that whole council , that whole kingdom , will disprove him ; and by the apparent falshood of his assertion , let all men judge of the truth of the rest . if the arms , the garrisons , &c. be in such hands as the king thinks safe , we are safe too ; but if not , it concerns his mujesty to secure them , since his lordship declares , the king is to be trusted with nothing , till he has resigned himself himself to his lordship , and his party , and is wholly theirs ; and yet then too , he must trust their good nature , and surrender upon discretion ; they will allow him no other terms , no , not to be himself , and have his senses , unless they can fright him out of them . i will yet charitably hope , that the pretended author is abused ; it concerns him to vindicate himself , by wishing , as i do , that the true author may have the same fate , that his speech had , by order of the house of peers . finis . to the honourable, the knights, citizens and burgesses of the commons house in parliament now assembled, ianuary, , the humble petition of the lay-catholiques recusants of england. this text is an enriched version of the tcp digital transcription a of text in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a thomason .f. [ ] ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) to the honourable, the knights, citizens and burgesses of the commons house in parliament now assembled, ianuary, , the humble petition of the lay-catholiques recusants of england. england and wales. parliament. house of commons. sheet ([ ] p.) printed for geo. baily, london : . caption title. reproduction of the original in the british library. eng catholics -- england -- th century -- early works to . great britain -- politics and government -- - -- early works to . great britain -- history -- civil war, - -- early works to . a (thomason .f. [ ]). civilwar no to the honourable, the knights, citizens and burgesses of the commons house in parliament now assembled, ianuary, , : the humble peti england and wales. parliament. a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - john pas sampled and proofread - john pas text and markup reviewed and edited - pfs batch review (qc) and xml conversion to the honourable , the knights , citizens and burgesses of the commons hovse in parliament now assembled . ianuary , . . the humble petition of the lay-catholiques recusants of england . sheweth , that the chiefest and most glorious attribute of power , being mercy , the safest addresse thereto must be submission , which makes us in all humility offer unto the consideration of this honourable assembly , the great and heavy burthen under which we grone , and though to lawe ; we humbly shall submit , yet such is the weight of some that lye upon us , that nothing lesse then linity can let us live , nor can we any way find our reliefe , but by applying our selves unto this high court , whereas fathers and supreame judges , you reside , retaining still full power to frame , or change , according to the exigency of times , and occasions , and being prudent and mercifull , can afford us patience , and favour in this short petition , wherein we shall yeeld our selves fit subjects for your mercy , or obedient submittees to your wills and resolutions . the many penall lawes in force-against your humblest petitioners are to this honourable assembly knowne , as is the ground on which they first were made not out of memory , haveing had their birth but under queen elizabeth , when partly extraordinary proceedings from the see of rome against her person , and partly the claime our dread soveraigns grandmother , wholly devoted to that religion , layd to the immediate succession of the crowne . occasioned severall destractions , and even cast jealousies and suspitions upon all , that in religion had relation to that see . whereupon from emergent reason of state . and by way of prudent cautions , and preventing future disobedience ( and not to put restraint upon the conscience of the subject or to punish contrariety of opinion or beliefe ) these lawes as we conceive were made , and afterward much aggravated and made more heavie to us all , by occasion of that ever most detestable plot of those few decayed , turbulent , and desperately discontented persons , indeed professors of the same religion , but quite neglecting and transgressing , and most inhumanely therein forgetting all duty and obligation . if thus ( right noble gentlemen ) these lawes originally were oppropriated to these times , and no such reason now ( we hope ) appeares , and stil these lawes overwhelmes us , it is either for the personal offences of other men , whose wicked facts we ( are no way guilty of ) with all good christians utterly abhorre , or for supposed errors of our understanding and beliefe , which as in it selfe ( according to all divines ) is an effect immediate of grace , and therefore not to be enforced : so in its tenents , there is not any thing forbids , invites , or hinders the professors of it , from their due obedience to their prince , and faithfull preservation of their countries liberties . in prosecution of which truth , wee here objure as false and most erronious , both assasination of princes , and faith is not to be kept with all sorts of people , and do detest them both , as most oppugnant to humanity , and not to be allowed by any religion whatsoever . we also shall and will be ever ready to maintaine and defend with all our power , lives , and fortunes , all our countries liberties , the right and priviledges of the parliaments , the subjects lawfull rights , liberty and propriety , the peace and unity of his majesties three kingdomes of england , scotland and ireland , and in all just and honourable waies , endeavour the punishment of all that seeke to worke the contrary : as dutifull , obedient , and loyall subjects are obliged , and as true borne lovers of their countries good are bound ; all which ( under favour ) as the lawes now stand we no waies are permitted , as having neither freedome , or fortunes of our own , for strictly are our actions , judgements , and our tongues tyed up . but the approaching storme that seemes to threaten her , moves us to take shelter under your mercies wings , most freely spread to comfort all agrieved , where we doe hope for shadow and protection . and humbly are petitioners , that you will be pleased to ease our sufferings , by mitigating the rigor of those penall lawes , that either ruine us and our posterity , or cast a thraledome on our consciences , so as we meekly walking in our forefathers steps , aspiring unto nothing but possessing our selve in peace , as people that seeke ease , not honours , and that the crime of catholiques before this horourable assembly now appeares , but onely different waies in serving the same god you serve , the same christ which you beleeve ( for whosoever in any other sort offends , qui peccaverit ipse moriatur ) we most humbly in your prudence and your goodnesse trust , in this publique jubilee ( when all 's intended to be joy and consolation ) we shall not be the onely subject of sorrow and desolation , nor that the lawes made for offenders in one time , should lay upon the innocent in another . and therefore humbly beg , you will cast your eye upon the schedule of these lawes annexed and then your mercifull repeale of what your wisedomes and mercy finde , shall give the conscience reliefe that is afflicted , and not the minde content that is ambitious , and a thing we thirst not after . and for so great a charity your humble petitioners shall ever ( as in duty bound ) pray for your continuall prosperity and eternall happinesse . london , printed for geo. baily , . an act for the observation of a day of publique fasting and humiliation. england and wales. parliament. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) an act for the observation of a day of publique fasting and humiliation. england and wales. parliament. sheet ([ ] p.) printed by iohn field, printer to the parliament of england, london : . order to print dated: friday the fourth of june, . signed: hen: scobell, cleric. parliamenti. with parliamentary seal at head of text. reproduction of the original in the british library. eng fasts and feasts -- england -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no an act for the observation of a day of publique fasting and humiliation. england and wales. parliament. a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion blazon or coat of arms an act for the observation of a day of publique fasting and humiliation . the parliament acknowledging from the bottom of their hearts the abundant mercies of their good god continually heaped upon this nation , notwithstanding their great vnworthiness and unproportionable returns of thanks in their lives and actions ; and being sensible withal of those new dangers which this nation seems to be threatned with , and hath most justly deserved , have thought fit to have recourse to the same god by publique humiliation and prayer , for averting his iudgements , and removing those sins which otherwise may call for those iudgements , and for obtaining a blessing upon the councels and forces of this commonwealth both by sea and land : be it therefore enacted by this present parliament , and by authority thereof , that a day of solemn fasting and humiliation be set apart to be observed on wednesday the ninth of june , one thousand six hundred fifty two , in the cities of london and westminster , and within the late lines of communication and weekly bills of mortality ; and upon wednesday the thirtieth of june following , in all other cities , towns and places within england , wales , and the town of berwick upon tweed : and that the ministers of the respective parishes and places aforesaid , be and hereby are required and enjoyned to give notice hereof on the lords-day next preceding the day so to be observed : to the end the people may more diligently attend the publique exercises of gods worship and service on that day ; and for the better observation thereof , the parliament doth inhibit and forbid the holding or use of all fairs , markets , and servile works of mens ordinary callings on the respective days aforesaid : and all majors , sheriffs , iustices of peace , constables , and other officers , be and are hereby enjoyned to take special care of the due observation of the said day accordingly . friday the fourth of june , . ordered by the parliament , that this act be forthwith printed and published . hen : scobell , cleric . parliamenti . london , printed by iohn field , printer to the parliament of england . . a briefe discourse, concerning the power of the peeres and comons of parliament, in point of judicature written by a learned antiquerie, at the request of a peere, of this realme. selden, john, - . this text is an enriched version of the tcp digital transcription a of text s in the english short title catalog (stc ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a stc estc s ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : or : ) a briefe discourse, concerning the power of the peeres and comons of parliament, in point of judicature written by a learned antiquerie, at the request of a peere, of this realme. selden, john, - . cotton, robert, sir, - . [ ], p. t. paine], [london : . attributed to selden by stc ( nd ed.) and nuc pre- imprints. sometimes attributed to sir r. cotton.--cf. stc ( nd ed.). place of publication and name of publisher suggested by stc ( nd ed.). signatures: a⁴(-a ) b³. pages and misnumbered as and respectively. this item can be found at reel : and at reel : . reproduction of originals in the henry e. huntington library and art gallery and the harvard university library. includes bibliographical references. eng england and wales. -- parliament. great britain -- politics and government -- - . a s (stc ). civilwar no a briefe discourse, concerning the povver of the peeres and comons of parliament, in point of judicature. vvritten by a learned antiquerie, cotton, robert d the rate of defects per , words puts this text in the d category of texts with between and defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - judith siefring sampled and proofread - judith siefring text and markup reviewed and edited - pfs batch review (qc) and xml conversion a briefe discovrse , concerning the povver of the peeres and comons of parliament , in point of judicature . vvritten by a learned antiquerie , at the request of a peere of this realme . printed in the yeare , . a briefe discovrse , concerning the power of the peeres and commons of parliament in point of judicature . sir , to give you as short an account of your desires as i can , i must crave leave to lay you as a ground , the frame or first modell of this state . when after the period of the saxon time , harold had lifted himselfe into the royall seat ; the great men , to whom but lately hee was no more then equall either in fortune or power , disdaining this act , of arrogancy , called in william then duke of normandy , a prince more active then any in these westerne parts , and renowned for many victories he had fortunately atchieved against the french king , then the most potent monarch in europe . this duke led along with him to this worke of glory , many of the younger sons of the best families of normandy , picardy and flanders , who as undertakers , accompanied the undertaking of this fortunate man . the usurper slaine , and the crowne by warre gained , to secure certaine to his posterity , what he had so suddenly gotten , he shared out his purchase retaining in each county a portion to support the dignity soveraigne , which was stiled demenia regni ; now the ancient demeanes , and assigning to others his adventurers such portions as suited to their quality and expence , retaining to himselfe dependancy of their personall seruice , except such lands as in free almes were the portion of the church , these were stiled barones regis , the kings immediate freeholders , for the word baro imported then no more . as the king to these , so these to their followers subdivided part of their shares into knights fees , and their tennants were called barones comites , or the like ; for we finde , as in the kings writ in their writs baronibus suis & francois & anglois , the soveraigne gifts , for the most part extending to whole counties or hundreds , an earle being lord of the one , and a baron of the inferiour donations to lords of towne-ships or mannors . as thus the land , so was all course of judicature divided even from the meanest to the highest portion , each severall had his court of law , preserving still the mannor of our ancestours the saxons , who jura per pages reddebant ; and these are still tearmed court-barons , or the freeholders court , twelue usually in number , who with the thame or chiefe lord were judges . the hundred was next , where the hundredus or aldermanus lord of the hundred , with the cheife lord of each townshippe within their lymits judged ; gods people observed this forme in the publike centureonis & decam judicabant plebem omni tempore . the county or generale placitum was the next , this was so to supply the defect , or remedy the corruption of the inferior , vbi curiae dominorum probantur defecisse , pertinet ad vice comitem provinciarum ; the iudges here were comites , vice comites & barones comitatus qui liberas in hoterras habeant . the last & supreme , & proper to our questiō , was generale placitum aupud london universalis synodus in charters of the conquerour , capitalis curia by glanvile , magnum & commune consilium coram rege et magnatibus suis . in the rolles of henry the . it is not stative , but summoned by proclamation , edicitur generale placitum apud london , saith the booke of abingdon , whether epium duces principes , satrapae rectores , & causidici ex omni parte confluxerunt ad istam curiam , saith glanvile : causes were referred , propter aliquam dubitationem quae emergit in comitatu , cum comitatus nescit dijudicare . thus did ethelweld bishop of winchester transferre his suit against leostine , from the county ad generale placitum , in the time of king etheldred , queene edgine against goda ; from the county appealed to king etheldred at london . congregatis principibus & sapaientibus angliae , a suit between the bishops of winchester and durham in the time of saint edward . coram episcopis & principibus regni in presentia regis ventilate & finita . in the tenth yeere of the conquerour , episcopi , comites & barones regni potestate adversis provinciis ad universalem synodum pro causis audiendis & tractandis convocati , saith the book of westminster . and this continued all along in the succeeding kings raigne , untill towards the end of henry the third . as this great court or councell consisting of the king and barons , ruled the great affaires of state and controlled all inferiour courts , so were there certaine officers , whose transcendent power seemed to bee set to bound in the execution of princes wills , as the steward , constable , and marshall fixed upon families in fee for many ages : they as tribunes of the people , or ex plori among the athenians , growne by unmanly courage fearefull to monarchy , fell at the feete and mercy of the king , when the daring earle of leicester was slaine at evesham . this chance and the deare experience hen. the . himselfe had made at the parliament at oxford in the . yeare of his raigne , and the memory of the many straights his father was driven unto , especially at rumny-mead neare stanes , brought this king wisely to beginne what his successour fortunately finished , in lessoning the strength and power of his great lords ; and this was wrought by searching into the regality they had usurped over their peculiar soveraignes , wherby they were ( as the booke of saint albans termeth them . ) quot dominum tot tiranni . ) and by the weakning that hand of power which they carried in the parliaments by commanding the service of many knights , citizens , and burgesses to that great councell . now began the frequent sending of writs to the commons , their assent not onely used in money , charge , and making lawes , for before all ordinances passed by the king and peeres , but their consent in judgements of all natures whether civill or criminall : in proofe whereof i will produce some few succeeding presidents out of record . when adamor that proud prelate of winchester the kings halfe brother had grieved the state by his daring power , he was exiled by joynt sentence of the king , the lords & commons , and this appeareth expressely by the letter sent to pope alexander the fourth , expostulating a revocation of him from banishment , because he was a church-man , and so not subject to any censure , in this the answer is , si dominus rex & regni majores hoc vellent , meaning his revocation , communitas tamen ipsius ingressū in angliā iam nullatemus sustineret . the peeres subsigne this answer with their names and petrus de mountford vice totius communitatis , as speaker or proctor of the cōmons . for by that stile sir john tiptofe , prolocutor , affirmeth under his armes the deed of intaile of the crowne by king henry the . in the . year of his raigne for all the commons . the banishment of the two spencers in the . of edward the second , prelati comites & barones et les autres peeres de la terre & communes de roialme give consent and sentence to the revocation and reversement of the former sentence the lords and commons accord , and so it is expressed in the roll. in the first of edw. the . when elizabeth the widdow of sir john de burgo complained in parliament , that hugh spencer the yonger , robert boldock and william cliffe his instruments had by duresse forced her to make a writing to the king , whereby shee was despoiled of all her inheritance , sentence is given for her in these words , pur ceo que avis est al evesques counts & barones & autres grandes & a tout cominalte de la terre , que le dit escript est fait contre ley , & tout manere de raison si fuist le dit escript per agard del parliam . dampue elloques al livre a la dit eliz. in an. . edw. . it appeareth by a letter to the pope , that to the sentence given against the earle of kent , the commons were parties aswell as well as the lords & peeres , for the king directed their proceedings in these words , comitibus , magnatibus , baronibus , & aliis de communitate dicti regni ad parliamentum illud congregatis injunximus ut super his discernerent & judicarent quod rationi et justitiae , conveniret , habere prae oculis , solum deum qui eum concordi unanimi sententia tanquam reum criminis laesoe majestatis morti adjudicarent ejus sententia , &c. when in the . yeere of ed. . the lords had pronounced the sentence against richard lions , otherwise then the commons agreed they appealed to the king , and had redresse , and the sentence entred to their desires . when in the first yeere of richard the second , william weston and john jennings were arraigned in parliament for surrendring certaine forts of the kings , the commons were parties to the sentence against them given , as appeareth by a memorandum ānexed to that record . in the first of hen. the . although the commons referre by protestation , the pronouncing of the sentence of deposition against king rich. the . unto the lords , yet are they equally interessed in it , as it appeareth by the record , for there are made proctors or commissioners for the whole parliament , one b. one abbot , one e. one baron , & . knights , gray and erpingham for the commons , and to inferre that because the lords pronounced the sentence , the point of judgement should be onely theirs , were as absurd as to conclude , that no authority was best in any other commissioner of oyer and terminer then in the person of that man solely that speaketh the sentence . in . hen. . the petition of the commons importeth no lesse then a right they had to act and assent to all things in parliament , and so it is answered by the king ; and had not the adjournall roll of the higher house beene left to the sole entry of the clarke of the upper house , who , either out of the neglect to observe due forme , or out of purpose to obscure the commons right & to flatter the power of those he immediately served , there would have bin frequent examples of al times to cleer this doubt , and to preserve a just interest to the cōmon-wealth , and how conveniently it suites with monarchy to maintaine this forme , lest others of that well framed body knit under one head , should swell too great and monstrous . it may be easily thought for ; monarchy againe may sooner groane under the weight of an aristocracie as it once did , then under democracie which it never yet either felt or fear'd . finis . notes, typically marginal, from the original text notes for div a e- liber s. alban ▪ fo. . ● ▪ an. . h. . 〈◊〉 orig. sub ●igil ▪ a●●h . ● rot. parl ▪ ●● e. . vel . ● . prelation●● parliam . . ed. . rot . 〈…〉 〈…〉 〈…〉 a letter sent by general monck to vice admiral goodson to be communicated to the rest of the officers of the fleet, in answer to a letter with some proposals lately sent to him from them. albemarle, george monck, duke of, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing a thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) a letter sent by general monck to vice admiral goodson to be communicated to the rest of the officers of the fleet, in answer to a letter with some proposals lately sent to him from them. albemarle, george monck, duke of, - . goodsonn, william. sheet ([ ] p.) printed by john johnson, london : [ ] dated and signed at end: edenburgh, novemb. . . g.m. (i.e., george monck, duke of albemarle). annotation on thomason copy: "xber [i.e. december] ". reproductions of the originals in the british library (thomason tracts) and the harvard university library (early english books). eng albemarle, george monck, -- duke of, - . great britain -- politics and government -- - -- early works to . great britain -- history, naval -- th century -- early works to . a r (thomason .f. [ ]). civilwar no a letter sent by general monck to vice admiral goodson to be communicated to the rest of the officers of the fleet, in answer to a letter wi albemarle, george monck, duke of a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion a letter sent by general monck to vice admiral goodson to be communicated to the rest of the officers of the fleet , in answer to a letter with some proposals lately sent to him from them . dear countrey-men and comrades , i am glad that you have not forgotten your old friend , and that by this occasion , i have such advantage to hear of your hearty affections to me , and kind remembrance of me , and that you have such a deep sense of the divisions amongst us , and the miserable consequence thereof ; but i am very much faded that you have entertained such mistakes and misapprehensions of of our proceedings . these enclosed papers will fully certefie you , that we have just grounds of dissatisfaction , and that we cannot comply with such violent and unwarrantable undertakings , both against our reason as men , and against our consciences as christians , that you and we should take our commissions and pay from the parliament and yet to violate their authority , after such solemn assurances of obedience and faithfulness , contrary to the expressed word of god , and our own late addresses , i hope i am so well known to some of you , that i am none of those that seek great things to my self , or delight in the sheding the bloud of english men , much lesse of christian brethren , but to preserve the name of god from blasphemy and reproach , which our actings ( i wish i could not call them ) treacherousness and perfidiousness have occasioned ; whereby jesus christ and his truth have been evil spoken of , which makes our very lives bitter to us , and to assert the integrity and honour of this army , which is very dear to me , i have been forced with the parliaments army under my command , ( though with much grief of heart ) to bear our testimony against the late violence of the army ; and the reasons thereof you will find in our printed papers , & our endeavours to perswade them in england to remove that force which they have put upon the parliament . as to your proposals , i beseech you seriously to consider and lay to heart these following answers . . to the first , you are pleased to intimate the joy of the cavaliers that they see us stand to our declaration , but i believe , that this violent interruption of the parliament was the greatest courtesie to gratifie that family and interest that could be imagined in the world , ( and i could wish it were not designed ) . i should be very sad to strengthen and hands of of the wicked , but let me assure you , this ariseth from the slanders and calumnies which men cast upon us in england , as if we that assert the authority of those that brought the late king to the block , are for introducing that family , which i take god to witnesse , we in our very thoughts abhorr , and shall spend our blood in opposition to any single person whatsoever . . you are pleased to compaire our present differences to that of the israelites , with the two tribes of reuben , gad , and half the tribe of manasses ) and i earnestly pray that there may be the same issue , for if they will restore these persons to their lawfull authority which have been established by many successes , and for the difference of which they so lately hazarded to blood , we shall quietly sit down and waite upon the providences of god in our places and stations , and to this end we have sent commissioners into england , men faithfull and approved , what you are pleased to instance concerning my satisfaction in the year . when this parliament was interrupted formerly , i shall answer you to that , it was never in my conscience to go out of gods way under the pretence of doing gods work , and you know the variety of times doth much vary the nature of affaires , and what might then patiently be submitted unto , we being engaged with a forraine enemy in a bloody warre cannot be drawn into a president at this time ; after our repentance and assurance of loyalty and constancy ; you may be pleased to remember that the consequence of the former interruptions was the introduction of a single person , and a manifest breach of all our promises and engagements , so that if god blessed me with success , then i do much more through mercy expect it now , when i put all to hazard for the glory of god and the good of his people . . i do acknowledge that the army hath been in the hand of god and instruments of good to these nations , yet if they shall apostate from the cause of god and his people in exposing them to arbitrary power , and the wills of men , in taking upon them to abollish lawes , raise money without consent of the people , destroy ministery and property , and force parliaments , i cannot but witness against such proceedings as unwarrantable not suted to any rule either from god or man . . i have taken care by garrisons in this country , and assurance from the whole body of the nation , that they will not own the interest of charls stewart , and that they will preserve the peace of the commonwealth in obedience to the parliament ; so that if that part of the army in england will set up a distinct interest in the nation , in deserting that cause that hath been so precious to us , and cost so much blood and treasure for to establish their own interest and greatness . i do declare in the presence of the great god i cannot own you , nor joyne with them ; now having opened my heart to you , and as you know my plainness and sincerety , that i am none of those that dare assert any thing against my conscience , from that experience ye have had of me , i heartily begg your belief and credit , that i shall keep in the way of duty and endeavour to do the lords work in my generation , and shall not own any corrupt interest whatsoever , and do desire of god his blessing according to my integrity in this undertaking , having this good testimony in my own spirit , that i have nothing but publick and righteous ends upon my heart , and by all these respects and kindnesses that i have received from you , i desire you will joyne with us in your desires that this parliament may be restored to the execution of their duties and trust , with freedome and honour ; i have no more but my hearty love and service to you all , desiring god to bless you all , and make you happy instruments for the good of these nations in your severall places which shall be alwayes the prayer of dear friends . edenburgh , novemb. . . your humble servant and fellow soldier , g. m. to the right honourable vice admiral goodson , to be communicated to the rest of the officers of the fleet , in answer to the letter that was sent to me from them . london printed by john johnson . the long parliament dissolved holles, denzil holles, baron, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing h estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the long parliament dissolved holles, denzil holles, baron, - . , [ ] p. s.n.], [london : . attributed to lord holles. cf. bm, dnb, halkett & laing. place of publication from wing. reproduction of original in duke university library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- parliament. great britain -- politics and government -- - . - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - andrew kuster sampled and proofread - andrew kuster text and markup reviewed and edited - pfs batch review (qc) and xml conversion the long parliament dissolved . deut. . . cursed be he that removeth his neighbours land-mark : and all the people shall say , amen . printed in the year , . the long parliament dissolved . wisdom saith , there is as vvell a time to speak , as a time to be silent ; and though wise men are often hardly put to it , to know the proper seasons of the one or the other : yet where necessity hath left no choice , but absolutely imposeth one upon us , there can be no srait upon the judgment . and would to god it could not be made most demonstrable that such a necessity we are under at this time . for no less than the lavvs , and with them the lives , liberties and properties of every english-man is at stake ; and we , with all other our fellow english-men , are under the highest obligation to break our guilty silence , or with our tongues in our mouthes , see all our antient rights raped from us and our posterity for ever ; and our living child of liberty and property , slily stolen from our sides , and a dead one of vassalage and misery laid in its room . wherefore on our own behalf , and the behalfes of all other the people of england , we crave leave to speak . as reason differenceth men from bruits , so lavvs ( which are but the results of reason ) doth difference free-men from slaves : for it is lavv only which makes and secures our liberties and properties , that neither they nor we , are governed as beasts by will and pleasure ; but lays such a restrant upon the government , as that it cannot do to us , or any thing that is ours , ad libitum , but must govern as the lavv directs . hence was it that the wisdom of our ancestors laid out itself more , to legally secure our lives , liberties and fortunes from all wrongs from the government , than from the private injuries of one man to another : for they knew that occasional and temporary lavvs would easily be made to restrain these , if they did ; but to secure the other , make sure provision of frequent parliaments : for they had so glorious a value of , and kindness for our english liberty , that they would not trust the guardianship thereof to any under heaven , but to the people themselves . and therefore that they might have a continued assurance and a perpetual satisfaction that their liberties should continue in statu quo , it was ordained , that for the maintenance of the said liberties , and remedy of mischiefs and grievances that daily happen , a parliament should be held once every year , . edw. . cap. 't is true , some of our kings have omitted the holding of parliaments for a longer time than a year , and the people have silently waited , and born that omission . and in like manner so have we , notwithstanding his majesties coronation oath , and his many most solemn and oft repeated promises for the keeping of the lavvs ; and yet continuing a parliament of the prodigious length of or years , till they were not the representatives of the one half of the people of england : yet , we say , we held our peace . and though we know , that all the people of england have equal right to be represented , and could make it demonstrable , that a parliament of that length can never be the representative of half the people ; for all from years of age to , which are the major part of the people of england , both in number and vigor , and the flower and strength of the kingdom , and that are only able to defend it from any enemies or invasions , were never represented in this parliament ; and that the major part of those that were represented , never so much as thought or intended that the trust they gave , should be continued to such a monstrous duration for the gentry of england , who think themselves born to have their share in ruling as well as being ruled , judge it a very hard thing upon them , that they should be secluded from their hopes of having the honour to serve their king and country in parliament ( the greatest schole of knovvledge and improvement in the kingdom ) be bound to walk in the hall , or like laquies , wait in the lobby all their lives long , and see persons hold the seats , as if they had each of them a pattent for his place ; whereas if we had annual parliaments according to law , there might gentlemen have served in parliament since the kings restoration , which had been a great accomplishment to the kingdom ; and that there being at least gentlemen in the kingdom , and many of them of as good brains , families and fortunes as any in the house , should be debarr'd from that highest trust and honour , and should be forced to dance attendance all their dayes on only , would have provoked any nation in the world to have spoke but we . and yet for all this we were silent and resolved to wait with patience : for we considered , though we had not what we ought to have , yet it was but still a sin of omission , and did think with our selves , that some circumstances of affairs abroad , and the poverty and discontent of the people at home , would at last reduce things into their old and proper order , and that we should at length see parliaments in their antient legal channel again , and both king and people reaping the fruits and blessings , that would flow from thence . but in stead thereof , to our great amazement , all on the suddain , we found our selves plunged into a far greater extremity than ever ; for whereas before parliaments were only omitted or continued longer than the law intended , but now by the last prorogation , the king hath positively ordered that a parliament shall not be held within the time appointed by law : so that the matter is come to this narrow issue , that either this prorogation is null , and the parliament as an end , or , all our laws are of no effect . and therefore we appeal to mankind in general , and more particularly to every member of the late parliament , whether we are not reduced to an unavoidable necessity of breaking our silence . for , our law ( viz. ) . edvv. . cap. . . ed. . cap. . . edvv. . no. . . ed. . no. — . rich. . no. . do positively appoint the meeting of a parliament once vvithin a year . but directly contrary to all these statutes , this last prorogation doth order the parliament not to meet within a year , but some months after . and therefore either this prorogation is null and void in law , and consequently the sitting and acting as a parliament is at an end , or else by your sitting and acting , you will admit and justify , that a particular order of the king is to be obeyed , tho contrary to an act of parliament , of what importance soever ; and thereby at once subvert the whole government of england by law. the dreadful consequences whereof would fill any true english-man with indignation to consider . for if a particular order of the king is to be obeyed contrary to all those laws , made for holding parliaments for the maintenance of all the laws of the kingdom , and remedy of mischiefs and grievances which daily happen , then another particular order of the kings , contrary to magna charta ; and another order of the kings , contrary to the petition of right ; and another particular order of the kings , contrary to the statute de tallagio non concedendo , must also be obeyed . so that then the king may by his particular order take away any mans life , liberty or estate , when ever he pleaseth : and our condition is changed from that of freemen , to be worse than that of villaines : for tho the lord had the power over his villaines goods and liberty , yet he had not a power over the life of his villaine , that the law secured to him . but of the kings particular order contrary to law , must be obeyed , we have nothing to secure our very lives unto us . for if our lives , liberties and estates have their security from the lavvs only , and the lavvs have their maintenance from parliaments , then if a particular order of the kings , concerning the sitting of parliaments must be obeyed contrary to all these acts , made for holding of parliaments , the king when ever he pleaseth may take away both the laws which should secure us , and parliaments which should secure our laws , and then in what a condition we shall be left , ( we conceive ) both you and we may easily judge ; for now if any threatens to take away our lives arbitrarily , and without the legal judgement of our peers , or our liberties without shewing cause in law , we can answer magna charta will not suffer you . if any threaten to violate our properties , we can now answer the petition of right will not suffer you . if any attempt to raise money without consent in parliament , we can yet say no , the law de tallagio non concedendo will not permit you . but if the kings particular order contrary to these laws must give supercedias to them , and be obeyed by us , what have we to answer then ? for you throw the whole people of england on their knees to beg for their lives , and for what part of their liberties and propeties will and pleasure will please to spare them . the lavvs are the banks and fence of our lives , and all that we can call ours , so that no man can wrong us , neither in our persons nor our properties , but we can strait run to them for right , but if contrary to lavv , an order of the kings , that breaks down these banks and bounds , and like an inundation overflows all our freedom , must be obeyed , what end will there be of our miseries ? where will it stop ? or who , or what can stop it ? now t is injustice in any person whilest our lavvs govern us , to take any thing that is ours illegally from us , but if the kings order against our lavvs must be obeyed , 't will be mercy that any thing of ours is left us . nay to say truth , then all is his , and we have nothing that we can call ours , for 't is lavv alone that makes property . nor are our written lavvs and statutes only subverted , but the common lavv may also by the same rule : for if an order of the king must be obeyed , against acts of parliament of the highest importance , and most universal concern , then also may his order be obeyed against the common lavv ; and then whereas by the common lavv every member of parliament is to have days summons before the meeting of parliament , that he may have time sufficient to prepare himself to come up and attend the discharge of his duty , that there may be a full assembly , and nothing done upon the catch , nor by a party ; the kings order contrary to this law may restrain the dayes to , , , days , nay hours if he please ; and it may be easily supposed , he cannot want a quorum of each house of his own servants and officers who may dispatch what lavvs soever he pleaseth , though to the total alteration of the government , before any from the country can come up to hinder it . and not only the statute and common lavv , but lex & consuetudo parliamenti , the laws and customs of parliament , is likewise subverted . for whereas by that law and custom of parliament members and a speaker makes a house , this or any succeeding kings , may be the same power , order that , nay , or any less number shall make a house , and then a parliament may be packt with ease at pleasure . and the law and custom of parliament allowes freedom of debate , and indemnisies every member that speaks his mind , from any other judgement but that of their own bar ( from which freedom it hath the denomination of parliament ) but if a private order of the king or his successors must be obeyed , the members of either house may be brought to answer for their freedom of speech at the kings-bench-bar and from thence at a worse place , and they have no law left nor custom of parliament to relieve them . we might instance in many other laws and customs of parliament , by which extraordinary priviledges are given to the whole parliament , and to every member thereof in particular , but that would rather be sit a volumn than such a discourse : wherefore we will shut up this point with this conclusion : that if you do admit that the kings order , contrary to lavv , must be obeyed , you do admit , that the king and his successors , may hold parliaments only vvhen they please , and when they do hold them , may make them do vvhat they please ▪ nay , that they may vvith or vvithout parliaments make lavvs , or make their particular orders and proclamations go for lavvs ▪ raise money , and do to parliaments , and all the people of england , to their lives , to their liberties , in to their estates , vvhatsoever either the kings themselves , their ministers , or the vvorst of evil counsellors can desire . an admission so impudent that the french tyranny came in more modestly than this . for the french king introduced his absolute rule by courtship , he pray'd a lavv to order him to raise money but till their next meeting , and that neither but if there vvere occasion . which the parliament by inadvertency granted and have never met since . but he did not issue out an order contrary to the laws , and bare-fac'd impose his will upon them : for tho they were french-men they could never endure that : and shall english-men ▪ not by inadvertency , but upon deliberation patiently suffer the self same yoak to be put upon them , on worser tearms ? this we say not , gentlemen , by way of acknowledgement that you are in a legal capacity now , to do us either good or hurt , for your day is done , and your power-expired , but that you may not like a snuffe , smell ill after you are out . for the only reason why we more particularly direct our selves to you , is , because of the character you have born , that therefore you should not so much as seem to give prerogative the upper hand of the law , that however you lived , yet all may say and witness for you , that you dyec . well and made a worthy end. for , it is now no time to flatter you , and therefore we deal truly with you ; things are at their issue , and either you are dead or our laws are so : but our laws , we are sure are living , and we trust will live to all generations , though there are some gentlemen of your assembly , so desirous of longer life , that they labour mightily to perswade the world , that the laws we mention for annual parliaments , are repealed : but if they are , 't is this prorogation hath repealed them : forthey were declared to be in force when the triennal act was made , in caroli primi ; and so they are in the statute for repealing that triennal act , in caroli secundi , in these notable words . and because by the ancient lavvs and statutes of this reals made in the reign of king edw. . parliaments are to be held very often , &c. and how this act should title the● the antient lavvs and statues of this realm , and say , that by them parliaments are to be held very often , if they were repealed and were no laws and statutes of the realm , is wondrous strange . for if they were no laws and statutes , then certainly parliaments are not to be held very often , nor at all by them ; but that law affirms , they are the antient laws and statutes of the realm , and such laws and statutes that parliaments are to be held by them : so that you see these laws were declared in force , even by your se●ves in the sixteenth year of his majesties reign , and we are sure there hath been no new parliament since to repeal them , however we hope the whole nation will strictly observe every man among you ▪ that to sit a little longer yet , would sacrifice to this prorogation , the very best laws ( and in there all the laws and liberties ) of england . therefore let not any delude you with such little pittiful objections , that you your selves are ashamed to acknowledge for your own ; and urge them only as other mens opinions for these sorry doses will never do , no nor the highest cordial they can propose , your voting your selves alive : for miracles are ceased , and if they were not , raising a dead parliament to life again , is beyond the power of any mortal , and one of those works that ceaseth for ever . 't is very strange to see how these gentlemen wriggle about , and like drowning persons catch at every straw to save them . yesterday they urged these laws were repealed , and now they see they can do no good there , to day they acknowledge that they are in force , and apply all their wit to prove that the laws may stand , and this prorogation too : for say they , those laws do appoint , we shall have a parliament once a year , and so we shall have for all this prorogation ; for we had a parliament in , and we shall have a parliament in ; this is a very fine account : but according to this computation there may be , , or months as well as in a year : but he is a very novice in our law , that knows not , that whereever a year , every year , vvithin a year , yearly , or once a year , is mentioned in any statute , it is to be understood tvvelve months only , and not one day more or less : as may be seen in the statutes of usury , recusancy , conformity , appeals for murder , and all other statutes , wherein a year is expressed . and it is more repugnant to reason to understand by a year in these statutes more than tvvelve months , than in any of the former ; for the following words , and more often , if need be . and the urging the reason of their frequency ; for the maintenance of the lavvs , and the remedying of grievances and mischiefs vvhich daily happen , do plainly shew , that the laws do not intend that parliaments should alwayes be intermitted for so long as tvvelve months , but never longer . but these gentlemen would rather alter out very language , and the common acceptation of words , than cease to be a parliament . and therefore this last prorogations is null in law , in ordering a parliaments shall not be held till fifteen months , contrary to the laws that order , a parliament shall be held once every year , and if the prorogation be null , you are null'd therewith . now do not think to salve your authority by your own vote , for we and all men must tell you , that no parliament that is not an●ocedently so , can make it self a parliament by vote , and nothing can be the cause of it self . vvell but now since neither the laws are recealed to make room for this prorogation , nor the prorogation and the laws are able to stand both together , these gentlemen hunt to find out a third expedient , and say , that if the prorogation be null , because of its illegal length of time , yet they are not thereby dissolved but only dismissed sine die , and to be recalled by the kings proclamation ; a subterfuge as vain as either of the former , and altogether as unable to answer the ends of those that urge it ; for if the kings prorogation was null in law , because it ordered the meeting of the parliament at a day of such an undue length as was contrary to the law , then how can a proclamation , ordering their meeting on the same day , make it good in law ? for the only thing illegal in the prorogation was the length of time ( for it s not to be doubted but his majesty may prorogue parliaments , so it be not contrary to law ) and to think that a proclamation for meeting at the same time ( or indeed at any time ) can cure the illegality of the prorogation , is but an absurd opinion , et uno absurd dato , mille sequuntur . and therefore we affirm , that a prorogation or dismission sine die , was one of the antient forms of dissolving parliaments , for a parliament so dismissed , never sat again , nor was it ever done in any other case . and good reason , for otherwise all our laws would be utterly eluded : for if the laws appoint a parliament shall be holden once even year , and a prorogation comes and sayes no ; a parliament shall not be held till a year and a quarter , and after you see this prorogation null and void in law , you can slide your selves from under the proroga●ion ( and are content that there should be a nullity ) and shelter your selves under a sine die , and urge that on your behalf : we say ▪ could you do this . our laws were of no avail but meer cyphers only . and therefore we say first , that it is not really so ▪ for you were prorogued to a certain day , and not sine die ; and if the law make that day ( to which you are prorogued ) as impossible ever to come , as the thirtieth of february , we cannot help that ; but it is the only day upon which your being stands , and if by the law that day can never come , then by the same law you can never come . but were it so , yet still it were but as broad as long , for a prorogation sine die , is nothing but a dissolution neither , for there is no other sine die in nature but that : so that look which way you will , whether on the prorogation of the fifteenth of february , or a dismission sine die , the law shews you nothing but death ; and you love to be members of parliament a great deal better than we , if you will adventure your lives and fortunes , to sit after the lavv hath put a dissolution on you . edvvard the fourth held a parliament the eighth day of april , in the thirteenth year of his reign , which he prorogued to the sixth of october following , but being desirous to call them sooner , if the urgency of his affaires should require it , no other expedient could be found to enable the king to do it , but by a special act of parliament to adjorn them to that time , and yet if occasion did require to summon them sooner , which act was made with that caution and legal formality , that in the very record of that prorogation there is a salvo for the act of parliament , and the act it self recited , in haec verba , an the record . rot ▪ parl. ▪ edw. . cap. item , codem octavo die ap●ilis , post gratiasreditas ex parte dicto , domini regis , & ejus mandato per venerabilem p●●re , willm . bathon . & wellen , episcopum cancellarium praefact is dominis & omnibus tunc ibidem presentibus , de eorum bonis diligentiis & laboribus circa ea quo sibi ex parte regis injunct a fuerunt exhibitis & oftend . idem cancellarius ex mandato ejusdem dom. regis ulterius declaravit qualiter idem dominus rex , sacrum tempus quadragesimate tunc instans & fere praeteritum , ad sacrum festum paschae , tune quasi in proxinie existens , quamque , necessarium atque placabile esset , tam dominis quam communibus , dicto parliament to intendentibus ad suas libertates existere , aliasque causas urgentes , ipsum dominum regem & regnum suum angliae concernentes , debitae discussionis libramine , ponderans parliamentum suum predictum , usque sextum diem octobris tunc proximum futurum , ad idem palatium apud westminster , quo tunc erat tentam , tunc ibide●●te●end . ●ensuit prorogand . & adjornand . & illud realiter sic prorogavit & adjornavit , omnibus & singulis quorum intersuir firmiter injungendo quod ad dictum sextum diem octobris apud dict palacium westmin . excusation quaerunque , cessante personaliter convenient in negotiis dicti parliamenti processurus . — salva semper praefato domino regi conditione in quodam actu authoritate dicti parliamenti super hujusmodi prorogatione & adjornatione edito contenta : cujus quidem actus tenor de vero in verbum hic subsequenter inseritur , viz. formsmuch as the king intendeth to prorogue and adjourn this his present parliament to this his palace of westminster , unto the sixth day of october next coming , then , there to be holden . it is ordained by the authority of this present parliament , that all-be-it any such prorogation and adjournment be had , yet if for any urgent cause moving his highness , it shall be thought to the same behoveful , to reasume , reassemble , and have appearance of this his said parliament , at any time or place , within this his kingdom , asore the said fixth day of october , that then at his pleasure he may direct his several writs to the sheriffe or sheriffes of every shire of this his realm to make open proclamation in every shire-town , that all lords spirituall and temporal , being lords of parliament , and all knights of shires , citizens of cities , and burgesses of broughs returned in this present parliament , personally appear at such day and place , as in the same writs of proclamation shall be specified : so alwayes that every of the said writs be made out twenty days or more before the said day of appearance limited by the same : and that such appearance at that day and place , to be limited by the said writs , be taken and had of like force and effect , as if the same king had prorogued and adjourned this his said parliament unto the same day and place . and that then the said prorogation and adjournment to be had to the said palace of westminister unto the said sixth day of october to be void and of none effect . and in this instance , there are these two things observable . first , how careful our ancestors were in all their concessious to their king ; that they did no : damage their laws ▪ and thereby hurt the people , who had entrusted them . and next . that that was a very learned age and had the assistance of littleton and hussey two as great lawyers as any one time hath produced . and certainly all this trouble , care and pains , both to king and parliament might have been saved , if either that age or those learned men could have found out the expedient of a parliament prorogued or adjourned , sine die , but there was none . and t is well that there is not ; for if the king by prorogation , sine die , may hold a parliament but in fifteen months , then by a prorogation sine die , he may not hold them if he please but in fifteen year , nay not hold them ( if he please ) but in fifteen year , nay but in twice or thrice fifteen if he will. and on the other hand . if the king by a prorogation sine die , may hold a parliament , then he may call them in together again in or dayes , when all the country members are returned to their homes , and none can attend by reason of the suddennesse thereof , but such as the king may hope for any thing from ( as we have already intimated ) : so infinite are the mischiefs that would attend a sine die prorogation , that , god be thanked , our laws and ancestors would never abide it ( in any other sencethan we have said ) and therefore do not think the people of england will ever do that indignity to their lavvs ! that dishonour to the finger of god , which by so stupendious and over-ruling a providence hath dissolved you ! or that dis-service to their own interest , as ever to acknowledge you any more for their representative . sine die , being thus unable to help in this matter , these gentlemen are forced to return again to the prorogation , as seeing a uecessity to stand or fall by it , and either to make that good , or to be totally routed , and therefore their last labour spends it self in tumbling the records , to find out presidents , as if presidents could prevail against law , and 't is boasted by them ( with mighty joy ) that they have at last found out one president in q. eliz reign , wherein a parliament was prorogued for three dayes more than a year . but we say , this is no president at all , but only one illegal fact , and that there is but one in nigh years : and prorogations make very little for the honour of those that urge it . but if this were a president , what would it avail , since it is directly contrary to so many known lavvs ▪ for if a president can make an illegal thing lawful , there is no wickedness under the sun , but may bring a president to warrant it . and therefore the greatest sages of the law have alwayes asserted , that the lavv is the met-vvand and standard of presidents ; and that all presidents against the lavv , vvere to be rejected as vvicked and unvvarantable , or else you give presidents the mastery over the lavv ; nay null the lavv , and set up a new rule of our practice . we have presidents , and very an●ient presidents to that that this kingdom was of the romish profession ; what is it therefore warrantable for us to follow those presidents contrary to law and turn papists ▪ we have a president that king john , contrary to law , resign'd the realm of england to the pope , is it therefore lawful for any other king of england to do the same ? vve have also a president that queen eliz. ( from whence your president is fetch'd ) contrary to law ▪ imprisoned some members of the house of commons for speaking their mind in parliament , is it therefore ever the more lawful for the king and his successors to violate your priviledges ? vvherefore unless the presidents be lawful , it is not lawful to follow your presidents , unless you your selves would be made presidents to future ages . and therefore it was well said by the lord chief justice brampston , we are not to stand upon presidents , but upon the lavvs , and the presidents look either the one vvay or the other , they are to be brought back unto she lavv. and the lord justice vaughan tells you thus ; though presidents have been so often that they may be called by the name of usuage , yet that , if usuage hath been against the obvious meaning of an act of parliament , in the vulgar and common acceptation of the word , then is it rather an oppression of those concerned , than an exposition of the act. vvherefore unless you will stand upon record as the oppressors of all the people of england ( for no less than all the people of england are concerned herein ) you can never admit of any president against the obvious meaning of not one act alone , but so many acts of parliament , and that not in a wrested sence , but in the plain vulgar and common acceptation of the word . your duty lying thus manifestly before you , there is nothing worthy a man that can obstruct you . for it is only the single fear , that the people will not choose you again , that canmake you deny it , and to deceive any , in thetrusts they have given you , because you doubt they will credit you no more , is but an odd kind of honesty , neither does the policy thereof look over strong , for to be sure your betraying your trusts , in opposing the laws and the interest of the people , is never the way to be chosen again . but on the contrary , your stout and faithful standing for , and defending them , is an infallible way to have your trusts renewed . and to think to keep it against the peoples will , is a weakness too great for any man , that would be reckoned more than once removed . — pray remember your elder brother , the former long parliament , they would sit against the peoples desire , and yet , though they had a special act of parliament for their sitting , and an army to back that act , yet you see when the peoples minds were turned against them , do they and their army what they could , the people never left till they had unroosted them ; they took such vengeance on them , as cost many of them their lives , their , liberties , and the fortunes of almost all of them : all which it is possible might have been saved , had they observed their season , and instead of imposing themselves , let the people have had their yearly representatives ; for lack of which , the dissatisfaction and revenge of the people was engaged against them , so that it was engaged against them , so that it was themselves that first pull'd dowin ruine upon their own heads . for by their long sitting , they wearied the roundhead , as you have done the cavalire , and the worst omen that befa●ls a government , is , when its friend falls from it , and look what was the reason that turned the gentlemen that were on the parliament side against them ▪ and you will find the self-fame reason turneth your old friend against you ; for as they stomack'd it then , to see a few of themselves , perpetuating their own rule to the exclusion of all others so do we now . and if the nation would not endure that parliament ( though they had a law for their sitting , because of their strange and unwonted length , can you think the same people will abide your longer sitting in express and utter defiance of all the laws of the kingdom ? and shall it be told to future generations , that england chose a parliament in sixty one , who after they had sate fifteen years , and were by an illegal prorogation , legally dissolved , yet out of a wretched unconscionable desire to sit yet longer ; betrayed the people that chose them ▪ and sate upon a prerogative account , contrary to the knovvn laws of the kingdom . nor let any man think it strange that we account it treason for you to sit and act contrary to our laws : for if in the first parliament of richard the second , grimes and weston , for lack of courage only , were adjudged guilty of treason for suarendring the places committed to their trust ; how much more you ? if you turn renegadoes to the people that entrusted you ? and as much as in you lies surrender , not a little pittifull castle or two , but all the legal defence the people of england have for their lives , liberties and properties at once . ne●ther let the vain perswasion delude you that no president can be found that one english parliament hath hang'd up another , ( though peradventure even that may be proved a mistake ) for an unpresidented crime calls for an unpresidented punishment , and if you shall be so wicked to do the one ( or rather endeavour to do , for now you are no longer a parliament ) what ground of confidence you can have that none will be found so worthy to do the other , we cannot understand , and do faithfully promise ( if your unworthyness do provoke us to it ) that we will use our honest and uttermost endeavours whenever a new parliament shall be called ) to choose such as may convince you of your mistake . the old and infallible observation , that parliaments are the pulse of the people , shall loose its esteem , or you will find that this your presumption was overfond , however it argues but a bad mind to 〈◊〉 because it believes it shall not be punished . but all grand offenders against the law ever were of that belief , but it hath faild them very oft , for andrevv horn in his mirror of justice , tell us , that alfred hanged darling . segnor , cadvvine , cole and judges more for judging contrary to law : and yet all those false judgements were but in particular and private cases and concernments , not upon the laws themselves . and our histories of later times say , that sir w. thorp , chief justice of the kings bench , in the reign of edvv. . for receiving but one poor hundred pounds in bribes , was for that alone , adjudged to be hang'd , and all his lands and goods forfeited , and this reason rendred for his condemnation , becruse thereby , as much as in him lay , he had broken the kings oath made unto the people , vvhich the king had entrusted him vvithall . and in the th year of richard the second , the lord chief justice trisilian was hanged drawn end quartered , for giving his judgement that the king might act contrary to one particular statute . and black the kings council , and uske the unde-sheriff of middlesex , with more persons of quality were also hagng'd for but assisting in that case . and in the first year of hen. . empson and dadley ( notwithstanding they were two of the kings privy council ) were hang'd for procuring and executing an act of parliament , contrary to the fundamental laws of the kingdom , and to the great vexation of the people . and in the of hen. . cardinal woolsey was accounted guilty of high treasor . for endeavouring to sublert the common laws of the land and to introduce the civil law in its stead . divers later instances might be given , but that it is not prudence to follow truth too close at the heels , neither will it be necessary to name more , if these are well considered ; for if the lord chief justice thorp , for receiving the bribery of a hundred pounds was adjudged to be hanged , as one that had made the king break his oath to the people , how much more guilty are they of making the king break his coronation oath , that perswad him to actagainst al the laws for holding parliaments which he is sworn to maintain ? and if the lord chief justice tresilian was hanged , drawn and quartered , for advising the king to act contrary to one statute only , what do they deserve that advise the king to act not only against one statute , but against all thess antient laws and statutes of the realm ! and if blake the kings council , but for assisting in the matter , and drawing up inditements by the kings command , contrary to law , though it is likely he pleaded the kings order for it , his duty to do it , and that it was but pro forma , what he did , yet if he was hang'd , drawn and quarterd for that , what justice is due to them that assist in the total destruction of all the laws of the nation ▪ and if uske ( the under-sheriffe , whose office t is to execute the laws ) for but in deavouring to aid tresilian , blake and their accomplices , against one single statute , was also with more hang'd drawn and quartered , what punishment do they deserve , that ayd and endeavour the subversion of no less than all the laws of the kingdom ? nay , if empson and dudley tho they had an act of parliament on their side , yet that act being against the known laws of the land , were hang'd as traitors for putting that statute in execution , and if woolsey was accounted guilty of high treason for endeavouring to exchange the laws of england for the civil laws ? how great must be your condemnation , and of how much sorer punishment must you be judged worthy if you shall but endeavour to sit and act as a parliament upon this prorogation ? for you have not only no law to plead , as dudley and empson had , but are directly contrary to all our laws , of every kind : and you will thereby not onely atempt to exchange our lawes , as woolsey did , but to put us into a state of no law at all . having thus faithfully discharged our duty , and layd yours before you , that through no inadvertency you may be surprised we have done . not at all doubting the issue thereof ; for , if it be his majesties honour and true intrest to keep the lawes , he hath so solemnly sworn and protested to do , as assuredly it is ; we have no reason to doubt him , and if those worthy patriots in the lords house whose names can never be mentioned , with that honor , they deserve from the people did desire to addrese to his majesty fifteen months agoe for the parliaments dissolution , and since , all the resons that moved them thereto at that time , do still continue , and that this main reason is now also added that this parliament can sit and act no more as a parliament without the total subversion of the laws , and the very constitution of the government of england we have no reason to doubt the lords . and if the commons shall but consider from whence and for what end they received their trust we have no cause at all to doubt them neither , for certainely among them as well as among the lords , are a greater number of persons of honor wisdom and fortune , then of those that are indigent of all , and that will think with themselves , that if not above halfe the people of england are represented by them , and that two thirds of that halfe that are represented are weary of their siting and desirous of their dissolution , and that . parts of do believe they can never more legaly sit as a parliament , and that sixth seem doubtful ; and since that worthy part of the commons , can get nothing to themselves in particular by sitting , and that if , , or years hence , they should by another parliament be found to have usurped the legislative power of england , to the ruine of our lawes , and the destructon of the people , they would be sure to answer it , with no less then their lives and fortunes ; and since if they should presume to fit so many person of quality , are resolved not to pay any taxes , or obey any other of their acts without first trying their validity by due process of law. and what pleasure or aduantage his majesty can take , or they themselvs can have , in their sitting as a perliament , when their very jurisdiction is like to be questioned in all the courts of england ? and whether it be likely that english juries should find against their neighbours and therin against themselves , to uphold a parliament that hath so many yeares imposed it self upon them , contrary to their desire , and that novv is legally dissovled , we leave to themselves to judge . finis . notes, typically marginal, from the original text notes for div a -e rot. parl. . edv. . no ▪ . most curious mercurius brittanicus, alias sathanicus, answer'd, cuff'd, cudgell'd, and clapper-claude ... taylor, john, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing t b). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing t b estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) most curious mercurius brittanicus, alias sathanicus, answer'd, cuff'd, cudgell'd, and clapper-claude ... taylor, john, - . p. s.n., [london? : between and ] author refers to himself by name (john taylor) in first sentence of text. caption title. imprint suggested by wing. reproduction of original in the huntington library. eng wharton, george, -- sir, - . -- mercurio-coelico mastix. booker, john, - . great britain -- politics and government -- - . a r (wing t b). civilwar no most curious mercurius brittanicus, alias sathanicus, answer'd, cuff'd, cudgell'd, and clapper-claude. han gupak navem ercu rius, quar terat taylor, john a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - tcp staff (michigan) sampled and proofread - tcp staff (michigan) text and markup reviewed and edited - pfs batch review (qc) and xml conversion most curious mercurius brittanicus , alias , sathanicus , answer'd , cuff'd , cudgell'd , and clapper-claude . han gupak navem ercu rius , quar teratray torb ritan nicus . by interpretation . hang up a knave mercurius , quarter a traytor britannicus . brittanicus , have at thee , look to thy selfe , for good faith i am iohn taylor , and let it not make thee proud , that i am pleased to descend so low as to write either to thee or of thee . your prophetick writings , ( with bookers conjunction ) and delicate foysted declarations , and relations ( being all nothings ) of their worthy orders , acts , and votes , with their don quixotticall , amadis de galldicall battles and ayery victories , which being with judgement and discretion weighed and considered are nothing , nor ever will be any thing to any purpose . and if the round iobbernoll of brittanicus were but capable of the capacity of owley-glasse , he might see that all the great something 's which he so dignifies , falsifies and magnifies , are nothing , have done nothing ( but mischiefe ) which is worse then nothing . you are merrily pleased to call aulicus the scripe , or register to the junto , whereby i perceive that you can breake iests better then make them , and that you have a foolish rogueish desire to jeere your betters , but that your plentifull want of wit is your great impediment . then you fall a scoffing the nobility here ( which is no newes as you promised a relation of newes in your lying title ) but sure it is no new thing ( though worth nothing ) it is your weekly custome to promise the people newes , and pay them with nonsence , your infamous works have titles of relations , and the froathy substance within is nothing , but your own inventions , fopperies , and fictions , for what knowledge of the affaires of great britaine can the people pick out of your ignorant and ridiculous rayling and revileing his majesty , his royall queen , honourable counsellors , and all our nobility , gentry or others , with the reverend clergy , calling them papists , iesuits , priests ; are these things new intelligences , no , all the world knowes those damnable designes to be no newes from you . but it were newes worth the hearing , to heare any truth at all from you , and it is supposed that you writ purposely to make your selfe merry , and for some other trencher respects , to delight as wise men as your selfe in reading and laughing at your fooleries . what knowledge of intelligence , or what profit have the people for their money and time spent , in buying and reading your scoffing scandalls & calumnies , you are pleased to bestow fine epithites upon them , as fantasticall heads and hydes , and the grave and reverend iudges your wickednesse is pleas'd to trench upon rastalls abridgements , and to call them rascalls , neither can the serjeant at lawes quoyfe , or iudges night-cap scape the flowt of your fooles cap , the quoyfes ( you say ) are quoifes of injustice , and the night-caps of false judgement ; then you boast of your ( and none but yours ) parliaments late successe , and your scottish brethrens advance , it is well known , that your parliament hath the art to create , make , forme , fashion and frame successe into what shape they please , and be it either good , bad , or indifferent , they can metamorphose it into feares , jealousies , publique thanksgivings , and these ingredients being melted with zeale in the secret chrusible of the publique-faith , and so with hey passe and repasse legerdemaine it is transformed into money , and that money into rebellion . for your brethren ( the scots ) advance , i will give you leave to bragge of their successe . then you seem to be displeased at aulicus , for speaking truth when he called you rebells , i doe heartily wish that you might truly give him the lye , but if you be not rebells , i shall suppose faux , and ravilltack to be honest men , and that wat tyler , iack cade , hackett , penrye , iohn a leiden , and knipperdolling dyed true martyrs . britanicus saies , the ensigne is yet unhanged , that said he would kill the king , t is very likely , for i am sure you have hang'd , imprisoned , murdred , plundred or beggered as many as you could lay hold on , of such as were either ecclesiasticall or temporall protestants , as would spend their livelihoods and deerest blood in defence of their true religion , and service of their soveraigne . but your evasion is , that your trayterous ensigne did not meane king charles , but generall king is the man he meant to kill , in this you are a iesuited equivocater in generall , and a lying knave in particular ; you bragge what a brave cornelius burgesse you have , he is a very wholsome purified and repurified man , for the records of the spirituall court doth keep an account , that he hath been twice purg'd in that court , for two female servants of his , who by his joyning of jyblets were both great with child in his own house . but these spirituall court purgings , was to weak physick to work upon him , so that he ( relapsing ) fell to the old trade againe , for which he was to be let blood , purg'd , dieted , and disciplin'd in the high-commission ; but that he and his friends so labour'd the dissolution of that court , that it was abollished , and cornelius ( by that means ) was left uncur'd , and i doubt uncurable , and i have heard of cornelius his tub , which is the fittest pulpit for him and his rebellious doctrine , he is no cornelius tacitus , ( as you say ) but it were better for the peace of the church and state , if he were tacitus , with all the rabble of his tribe of sectaries ; tacitus was a roman historian , and wrote the lives of some wicked heathen emperours , but your loquatious burges ( whose discretion had more appeared had he bin tacitus ) hath with the vollubillity of his seditious verbosity , omitted suetonius and destroyed tranquillius ; in a word , he hath talk'd so much strife and mischiefe , that thereby our former blessed peace and tranquillity is as rare to be found as truth and loyalty is either in him , or in his imposture scribe mercurius britanicus . next ; he pursues the bishops ( in the old beaten way of rayling ) which is as common as the barking of doggs , and therefore i hold him not worthy of an answer . his ridiculous scoffs of the earle of bristol , the lord cottiugton , and sir francis windebank , calling them spanish figgs and reisins , is such poor silly rogish stuffe , that the folly of will summers , or iohn dorye were profound wisdome in respect of it . then sir , ( to shew your love to learning ( like the rest of your sweet maisters magnificoes , clarissimoes committee and common-councell men ) you jeere at the schooles , which is a place renowned for a famous librarie through more kingdoms provinces and nations , then are in the christian world , and the ever renowned founder ( sir tho. bodley , will for ever stand in the records of fame , when the memory of the calumniators of that magnificent fabrick shall rot , stink , and be justly held odious to god and man . the arch-bishop of armaugh falls next into the roleing streame or railing straine of your aspersions , and indeed your commendations and approbation either of him , or any other man , is one of the greatest disparagements to blur and blemish a good reputation , on the other side , the ridiculous and mallicious scandalls which you are pleas'd to bluster against . virtue , doth illustrate the brightnesse of it , and make it shine more gloriously perspicuous , ( for mine own part i had rather brittanicus , and all his friends were hang'd then that either he or they should be at the charges to bestow a good report on me , for every honest man would take me to be a brownist or anuabaptist , a rascall , a rebell and a traytor . the profound learning , the sincerity of the protestant religion , the loyalty to his soveraigne , the extraordinary pains of his studdying , the manner , method , and elegancy of his frequent preaching , his charity , affability and carriage of his exemplary life and conversation ; all these vertues , being the unquestionable practise of this most reverend bishop , cannot escape the snapping and snarling of brittanicus , whereby the danger of a knaves good report is most plainly manifested . brittanicus , you doe amplify , and seem to stellify the rebellious lord denbigh , and some others , with the attainted and outlawed say and seale , and if there were no other proofs of their delinquency , your justification were sufficient testimony . deare-ring ( you bragge is come to you , i pray you make much of him , he is an excellent jewell to hang in the eare of a gallowes , at which time a turn'd shirt of holland may serve him for a winding sheet ( if the crowes be not couzned . ) you say you look for hopton next , ( you may look for him , but i think you dare neither look or see him where he is , if you look for him in imitation of deereing , you may look your eyes out , and if you and your maisters and members had the grace to be good subjects till hopton turne rebell , the miseries of this kingdom would quickly have a happy period ; in the mean space look to hopton , for hopton looks for you . you extoll the lord gray of warke and your speaker ( nine yards london measure above ursa minor , ) prophecying that they with the common-counsell-men shall fill chronicles ; in this you are believ'd , for there are many men cronicled for disloyalty to their princes , and setting of kingdoms in combustious contention , and why not they . and then you ( victoriously ) doe jeere our victories , you say we took certain prisoners , one was a trooper with five shllings d in his pocket , three men in scarlet breeches , and one dragoon in an old plush doublet , in this you keep your promise with your chapmen , in letting them have some newes for their money , and no doubt but some of them have so much wit as to believe you . but you prize your generalls blood at an inestimable valew , that every drop af it is a ruby or an emerauld , it is wonder that his exceeding excellency doth not beat thee for thy grosse flattery , for he knowes himselfe to be scarcely worth a peble , and his loyalty to his king were overvalued at the rate of a saint martins pearle . you taxe us that all our letters are falsities , and we know that though they be written with all grounds of reall truths , yet you have the art to falsify them , either by new transcribing , misinterpreted and prejudicate constructions , or forged counterfeit letters of your own devising and writing , which letters have been often interpreted by your selves , sometimes at sea , out of a catch or an oysterboate , by your victorious and unmatchable , admirable admirall , and others have been secretly conveyed to your generalls and commanders , who have easily taken the poore papers , and sent them to london , by speedy order they have been printed , ( as full of your own lyes , as your malice and the divell could thrust into so small roomes ) then they have been dispersed as dangerous plots and conspiracies , plotted by papists , royalists , and cavaliers ; and publique thanksgivings commanded to be given in all churches for greate and extraordinary deliverances from fabulous dangers of your own devising . prinne you are pleased to entitle , your protomartyr , in the worst times , and a champion in the best , prinne hath heard of me lately in a larger tract , in my answer to his traiterous pamphlet of the power of parliaments ; and vindication of the new counterfeit great-seale , pennrye and prinne are somewhat neare in an annagram , they are nearer in their treasons , and no doubt they will be nearest , when prinne suffers as pennry did at tyburne ( for lesse treason ) in queen elizabeths time . the truth is , you doe make bold with the names of some , who have been so bold to beat you squarely , and made you run away roundly , for which causes i will tollerate you to be angry , and revenge your maisters cause and your own with railing and playing the foole , that 's another full poynt . it is your profitable and safest way to keep your distance in staying at london or westminister , & abuse his majesty , and as many as doe love serve and honour him at oxford , but your lyes are not limited only hither , for their universality flees all over great britaine , by the false name of newes : and because the gentleman is so exquisite and exact in taxing names in stead of newes , the name of mercurius britanicus , ( as i am certified ) is james hudson , which in an annagram is the sphinx , which the oedipus of my pericranion makes a true signification , of , for it opens the riddle of the matter , the marrow , and the very intrincicall secrets of your name and pamphlets . as thus , iames hvdson , annagram , o , his mad nves , thus your very name includes the nature of your weekly relations , the mad nues of iames hudson , hath made abundance of fooles , and knaves as mad as himselfe , he is mad in writing , and they are out of their wits , with countenancing , buying , reading , and believing his madnesse , which doth blow the coles that inflames this mad rebellion . but himselfe and his damnable lyes and labours , are more really described in another annagram , of mercurius brittanicus , with his own name mixt with it ; as thus . mercvrivs brittanicvs , iames hvdsonne , annagramma , bvrn mi nonsense , whi , it is acvrst dreams . you see sir , that your own name , with your accurst pamphlets title , doth most plainly demonstrate the lewdnesse , badnesse , and madnesse of your pestiferous newes , and the reason is , you acknowledge it worthy to be burnt , as being your nonsence , the question why it should be burnt is , because it is acurst dreams . thus you see that taylor the waterman ( whose name you abused and scoft amongst his betters ) hath fidled a little with your name for this once . i could play with some of your maisters memberships such as have gotten too good estates in being bad servants to his majesty , as , henry vane senior , annagram , ruines anye honer , henry vane iunior , annagram , i honer vaine ruyn , or , william fines , annagram , i am sinful evil . i could fool with the quondam grooms name , and tell him , there was a time when he was rich and very poor at once , till by his majesties grace , he was rich in honour and estate , and now by his ingratitude , he is turn'd poor again , scarce worth a clout or ragge of holland . then you tell us that denmarke and france are puzled by the sweadish designe ; indeed it behooves all the kings of the earth , to take it into serious consideration how dangerous it is for monarchie , to be assaulted by a rebellious anarchie . and ( arrogantly ) you spend your iudgement , that nothing can help but spain , and the pawne of ireland , yes sir , there is one that you know not , ( or scarcely ever think on ) that both can and will help , without the help of man or forreign nations , or pawn of a kingdom . if you would but take god in your mind , you would quickly guesse who it is that will help , but your cause is so bad , that you are faine to buy and begge help of your brethren , ( some rebellious scots ) for the payment of whom , you have pawn'd more then kingdoms , for you have morgaged your soules to the divell , by your execrable perjury , oathes , vowes , protestations and covenants . you heare that holland is about to set forth some declaration at this time , if it be of his own writing , i shall doe him the honour to laugh at it . you call warwick , your unmatchable admirall , a brave man by sea and land , it is true that he is unmatchable in this rebellion , and his markes of a brave man , is his wicked constancy in an accurst cause . sir tho. fairfax , and sir william brereton are to high ( you say ) for any title that you can give them , they are not so high as they deserve , by tenne steps at least . then you tell us , that you had forgot one peice of newes , you may doe well , to let us have some small peice for our mony , for you have told us of no newes yet , but what is your piece of newes , some good stuffe no doubt , like the rest before ; but stand a side and be uncover'd , this newes is an humble wish , that ( for the edification of the ignorant people ) their two thinne howses of lower uppermost , and vpper lowermost ( which he calls the estates ) would be pleased , beneath and above , to annex to their commands , for the reading them in all churches , for the citty knowes enough already , and the country to little , and is it not fit that seeing all order , decency , and doctrine of christianity is ( irreligiously ) and blasphemously thrust out of the churches with you , that in the room thereof , the railings and revilings of this weekly rabshekah may be brought in , which may in future ages make mercurius brittanicus , as famous for his madnewes and accurst nonsence dreams , as mahomet is for his alcaron . then you say , that the parliament were in the worst condition , if it could not command all other courts in punishing delinquents , but if your thing at westminster , were a parliament , they would have punished you for traiterous libells , against the sacred majesties of the king and queene , the royall posterity , the reverend clergy , the faithfull nobility and gentry , the true hearted commonalty , and finally , against the peace of all his majesties kingdoms , these are such delinquencies , that they deserve lesse then to be dream'd a parliament , that gives them encouragement and rewards , these are no acts , or symptoms of a parliament . lastly your words are , that you doe not take armes against the king , but against those about him , cod is about him , and i hope ever will be , and environ him with his all saving protection , the blessed successe he hath had in being still preserved from dangers , might make you believe that god is about him , if you mean his trusty servants that are about him , that 's no newes , it is their honour to be hated for their maisters sake . and if he will needs involve himselfe into their ruine ( then belike you mean utterly to ruine them and the king together ) you can but only pray and sigh for the misfortune of the king , with a publique thansgiving , doing still our duty to the king . we thank you for your manners , i know none you have . thus mounster mercurius brittanicus , i have trac'd , track'd and truely answerd all your madnesse for one week , which is as much as if i had confuted all that you have done , can , or will doe , but if you meddle with me again . i shall make so bold , to bung up your chaps with a gravesend toast . finis . the character of a trimmer his opinion of i. the laws and government, ii. protestant religion, iii. the papists, iv. foreign affairs / by ... sir w.c. halifax, george savile, marquis of, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; 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(eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the character of a trimmer his opinion of i. the laws and government, ii. protestant religion, iii. the papists, iv. foreign affairs / by ... sir w.c. halifax, george savile, marquis of, - . coventry, william, sir, ?- . [ ], p. [s.n.], london printed : mdclxxxviii [ ] although pub. under coventry's name, the authorship of the work was acknowledged by lord halifax to whom it is generally ascribed. cf. dnb and bm. imperfect: page bd. out of order; preface bd. between pp. and . reproduction of original in the cambridge university library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng great britain -- history -- restoration, - . great britain -- politics and government -- - . - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - tcp staff (michigan) sampled and proofread - tcp staff (michigan) text and markup reviewed and edited - pfs batch review (qc) and xml conversion the character of a trimmer . his opinion of i. the laws and government . ii. protestant religion . iii. the papists . iv. foreign affairs . by the honourable sir w. c. london , printed in the year , m dc lxxxviii the preface . it must be more than an ordinary provocation that can tempt a man to write in an age over-run with scriblers , as egypt was with flyes and locusts : that worst vermin of swall authours hath given the world such a surfeit , that instead of desiring to write , a man would be more inclin'd to wish , for his own ease , that he could not read ; but there are some things which do so raise our passions , that our reason can make no resistance ; and when madmen , in the two extreams , shall agree to make common sense treason , and joyn to fix an ill character upon the only men in the nation who deserve a good one ; i am no longer master of my better resolution to let the world alone , and must break loose from my more reasonalble thoughts , to expose these false coyners , who would make their copper wares pass upon us for good payment . amongst all the engines of dissention , there hath been none more powerful in all times , than the fixing names upon one another of contumely and reproach , and the reason is plain , in respect of the people , who are generally uncapable of making a syllogism or forming an argument , yet they can pronounce a word ; and that serves their turn to throw it with their due malice at the head of those they do not like ; such things ever begin in just , and end in blood , and the same word that maketh the company merry , grows in time to a military signal to cut one anothers throats . these mistakes are to be lamented , tho' not easily cured , being suitable enough to the corrupted nature of mankind ; but 't is hard that men will not only invent ill names , but they will wrest and misinterpret good ones , so afraid some are even of a reconciling sound , that they raise another noise to keep it from being heard , lest it should set up and encourage a dangerous sorts of men , who prefer peace and agreement , before violence and confusion . were it not for this , why , after we have play'd the fool with throwing whig and tory at one another , as boys do snow balls , do we grow angry at a new name , which by its true signification might do as much to put us into our wits , as the other hath done to put us out of them ? this innocent word trimmer signifies no more than this , that if men are together in a boat , and one part of the company would weigh it down on one side , another would make it lean as much to the contrary , it happens there is a third opinion of those who conceive it would do as well , if the boat went even , without endangering the passengers ; now 't is hard to imagine by what figure in language , or by what rule in sense this cometh to be a fault , and it is much more a wonder it should become a heresy . but so it happens , that the poor trimmer hath all the powder spent upon him alone , while the whig is forgotten , or at least a neglected enemy ; there is no danger now to the state ( if some men be believ'd ) but from the beast called a trimmer , take heed of him , he is the instrument that must destory church and state ; a strong kind of monster , whose deformity is so expos'd , that , were it a true picture that is made of him , it would be enough to fright children , and make women miscarry at the sight of it . but it may be worth the examining , whether he is such a beast as he is painted . i am not of that opinion , and am so far from thinking him an infidel either in church or state , that i am neither afraid to expose the articles of his faith in relation to government , nor to say i prefer them before any other political creed , that either our angry dons , or our refined states-men would impose upon us . i have therefore in the following discourse endeavour'd to explain the trimmer's principles and opinions , and then leave it to all discerning and impartial judges , whether he can with justice be so arraign'd , and whether those who deliberately pervert a good name , do not very justly deserve the worst that can be put upon themselves . the trimmer's opinion of the laws and government . our trimmer hath a great veneration for laws in general , as he hath more particularly for his own , he looketh upon them as the chains that tye up our unruly passions , which else , like wild beasts let loose , would reduce the world into its first state of barbarism and hostility ; all the good things we enjoy , we owe to them ; and all the ill things we are freed from by their protection . god himself thought it not enough to be a creator , without being a law-giver , and his goodness had been defective towards mankind in making them , if he had not prescrib'd rules to make them happy . all laws flow from that of nature , and where that is not the foundation , they may be legally impos'd , but they will be lamely obey'd : by this nature is not meant that which fools and madmen would misquote to justify their excesses ; it is innocent and uncorrupted nature , that which disposeth men to chuse vertue , without its being prescrib'd , and which is so far from inspiring ill thoughts into us , that we take pains to suppress the good ones it infuseth . the civil world has ever paid a willing subjection to laws , even conquerours have done homage to them ; as the romans who took patterns of good laws , even from those they had subdued ; and at the same time they triumph'd over an enssav'd people , the same laws of that place did not only remain safe , but became victorious ; their new masters , instead of suppressing them , paid them more respect than they had from those who first made them : and by this wise method they arriv'd to such an admirable constitution of laws , that to this day they reign by them ; the excellency of them triumpheth still , and the world payeth now an acknowledgment of their obedience to that mighty empire , tho' so many ages after it is dissolved ; and by a better instance , the kings of france , who , in practice use their laws pretty familiarly , yet think their picture is drawn with most advantage upon their seals , when they are plac'd upon the seat of justice ; and tho' the hieroglyphick is not there of so much use to the people as they would wish , yet it shews that no prince is so great , as to think fit , for his own credit at least , to givean outward , when he refuseth a real worship to the laws . they are to mankind that which the sun is to the plants , as it cherisheth and preserveth them , so where they have their force , and are not clouded , every thing smileth and slourisheth ; but where they are darkned , and are not suffered to shine out , it maketh every thing to wither and decay . they serve men not only against one another , but against themselves too ; they are a sanct●●ry to which the crown hath occasion to resort as often as the people , ●o that it hath an interest as well as a duty to preserve them . there would be no end of making a panegyrick of laws ; let it be enough to add , that without laws the world would become a wilderness and men little less than beasts ; but with all this , the best things may come to be the worst , if they are not in good hands ; and if it be true that the wisest men generally make the laws , it is as true , that the strongest do often misinterpret them : and as river belong as much to the chanel where they run , as to the spring from whence they first rise , so the laws depend as much upon the pipes , thro' which they are to pass , as upon the fountain from whence they flow . the authority of a king who is head of the law , as well as the dignity of publick justice , is debased , when the clear stream of the law is puddled and distrub'd by bunglers , or convey'd by unclean instruments to the people . our trimmer would have them appear in their full lustre , and would be grieved to see the day , when , instead of speaking with authority from the seats of justice , they should speak out of a grate , with a lamenting voice , like prisoners that desire to be rescu'd . he wisheth that the bench may have a natural as well as a legal superiority to the bar ; he thinketh mens abilities much misplac'd , when the reasons of those that plead is visibly too strong for those who judge and give sentence . when those from the bar seem to dictate to their superious upon the bench , their furrs will look scurvily about them , and the respect of the world will leave the bare character of a judge , to follow the essential knowledge of a lawyer , who may be greater in himself , than others can be with all their trappings . an uncontested superiority in any calling , will have the better of any distinct name that authority can put upon it , and therefore if ever such an unnatural method should be produc'd , it is then that westminster-hall might be said to stand upon its head , and though justice it self can never be so , yet the administration of it would be rendered ridiculous . a judge hath such a power lodg'd in him , that the king will never be thought to have chosen well , where the voice of mankind hath not before-hand recommended the man to his election ; when men are made judges of what they do not understand , the world censures such a choice , not out of ill-will to the men , but fear to themselves . if the king had sole power of chusing physicians , men would tremble to see bunglers preferred , yet the necessity of taking physick from a doctor , is generally not so great as that of receiving justice from a judge ; the inferences will be very severe in such cases , for either it will be thought that such men bought what they were not able to deserve , or which is as bad , that obedience shall be look'd upon as a better qualification in a judge , than skill or integrity , when such sacred things as the laws are not only touch'd , but guided by prophane hands ; men will fear that out of the tree of the law , from whence we expect shade and shelter , such workmen will make us cudgels to beat us with , or rather that they will turn the canon upon our properties , that were intrusted with them for their defence . to see the laws mangled , disguised , speak quite another language than their own , to see them thrown from the dignity of protecting mankind , to the disgraceful office of destroying them ; and , notwithstanding their innocence in themselves , to be made the worst instruments that the most refined villany can make use of , will raise mens anger above the power of laying it down again , and tempt them to follow the evil examples given them of judging without hearing , when so provoked by their desire of revenge . our trimmer therefore as he thinketh the laws are jewels , so he believeth they are no better set , than in the constitution of our english government , if rightly understood , and carefully preserved . it would be too great partiality to say it is perfect or liable to no objection ; such things are not of the world ; but if it hath more excellencies and sewer faults than any other we know , it is enough to recommend it to our esteem . the dispute , which is a greater beauty , a monarchy or a common-wealth , hath lasted long between their contending lovers , and ( they have behav'd themselves so like , who in good manners must be out of their wits , ) who used such figures to exalt their own idols on either side , and such angry aggravations , to reproach one another in the contest , that moderate men have at all times smil'd upon this eagerness , and thonght it differ'd very little from a downright frenzy : we in england , by a happy use of the controversie , conclude them both in the wrong , and reject them from being our pattern , taking the words in the utmost extent , which is a thing that monarchy leaveth them no liberty , and a common-wealth such a one , as allows them no quiet . we think that a wise mean , between these two barbarous extreams , is that which self-preservation ought to dictate to our wishes ; and we may say we have attained this mean in a greater measure , than any nation now in being , or perhaps any we have read of ; tho' never so much celebrated for the wisdom or plenty of their constitutions ; we take from one the too great power of doing hurt , and yet leave enough to govern and protect us ; we take from the other , the corfusion , the parity , the animosities , and the license , and yet reserve a due care of such liberty , as may consist with mens allegiance ; but it being hard , if not impossible , to be exactly even , our government has much the stronger biass towards monarchy , which by the more general consent and practice of mankind , seemeth to have the advantage in dispute against a commonwealth : the rules of a commonwealth are too hard for the bulk of mankind to come up to , that form of government requireth such a spirit to carry it on , as doth not dwel in great numbers , but is restrain'd to so very few , especially in this age , that let the methods appear never so much reasonable in paper , they must fail in practice , which will ever be suited more to mens nature , as it is , than as it should be . monarchy is lik'd by the people , for the bells and the tinsel , the outward pomp and the gilding , and there must be milk for babes , since the greatest part of mankind are , and ever will be included in that list ; and it is approv'd by wise and thinking men , ( circumstances and objections impartially consider'd ) that it hath so great an advantage above all other forms , when the administration of that power fal eth in good hands , that all other governments look out of countenance , when they are set in competition with it . lycurgus might have sav'd himself the trouble of making laws , if either he had been lmmortal , or that he could have secur'd to posterity , a succeeding care of princes like himself ; his own example was a better law , than he could with all his skill tell how to make ; such a prince is a living law , that dictates to his subjects , whose thoughts in that case never rise above their obedience , the confidence they have in the vertue and knowledge of the master , preventing the scruples and apprehensions to which men are naturally inclin'd , in relation to those that govern them ; such a magistrate is the life and soul of justice , whereas the law is but a body , and a dead one too , without his influence to give it warmth and vigour , and by the irresistible power of his vertue , he doth so reconcile dominion and allegiance , that all disputes between them are silenced and subdued , and indeed no monarchy can be perfect and absolute without exception , but when the prince is superiour by his vertue , as well as by his character and his power , so that to serve out presidents of unlimited power , is a plain diminution to a prince that nature hath made great , and who had better make himself a glorious example to posterity , than borrow an authority from dark records , raised out of the grave , which besides their non-usage have always in them matter of controversie and debate , and it may be affirm'd , that the instances are very rare of princes having the worst in dispute with their people ; if they were eminent for justice in time of peace , and conduct in time of war , such advantage the crown giveth to those who adorn and confirm it by their own personal vertues . but since for the greater honour of good and wise princes , and the better to set off their character by the comparison , heaven hath decreed there must be a mixture , and that such as are perverse and insufficient , or both , are perhaps to have their equal turns in the government of the world , and besides that the will of a man is so various , and so unbounded a thing , and so fatal too when joined with power unsupply'd ; it is no wonder if those who are to be govern'd , are unwilling to have so dangerous as well as so uncertain a standard of their obedience . there must be therefore rules and laws , for want of which , or at least the observation of them , it was as capital for a man to say that nero did not play well upon the lute , as to commit treason , or blaspheme the gods. and even vespasian himself had like to have lost himself , for sleeping whilst he should have attended and admir'd that emperours impertinence upon the stage ; there is a wantonness in the too great power that men are generally too apt to be corrupted with , and for that reason , a wise prince , to prevent the temptation arising from common frailty , would choose to govern by rules for his own sake , as well as for the peoples , since it only seoureth him from errors , and doth not lessen the real authority that a good magistrate would come to be possess'd of ; for if the will of a prince is contrary either to reason it self , or to the universal opinion of his subjects , the law by a kind restraint rescues him from a disease that would undo him ; if his will on the other side is reasonable and well directed , that will immediately becomes a law , and he is arbitrary by an easie and natural consequence , without taking pains , or overturning the world for it . if princes consider laws as things impos'd on them , they have the appearance of fetters of iron , but to such as would make them their choice as well as their practice , they are chains of gold ; and in that respect are ornaments , as in others they are a defence to them , and by a comparison , not improper for god's vicegerents upon earth ; as our maker never commandeth our obedience to any thing , that as unreasonable creatures we ought not to make our own election ; so a good and wise governour , tho' all laws were abolish'd , would by the voluntary direction of his own reason , do without restraint the very same things that they would have enjoyned . our trimmer thinketh that the king and kingdom ought to be one creature , not to be separated in their political capacity ; and when any of them undertake to act a-part , it is like the crawling of worms after they are cut in pieces , which cannot be a lasting nation , the whole creature not stirring at a time ; if the body have a dead palsie , the head cannot make it move ; and god hath not yet delegated such a healing power to princes , as that they can in moment say to a languishing people oppress'd in despair , take up your beds and walk . the figure of a king , is so comprehensive and exalted a thing , that it is a kind of degrading of him to lodge that power separately in his own natural person , which can never be truly or naturally great , but where the people are so united to him as to be flesh of his flesh , and bone of his bone ; for when he is reduc'd to the single definition of a man , he sinketh into so low a character , that he is a temptation under mens allegiance , and an impairing that veneration which is necessary to preserve their duty to him ; whereas a prince that is so joyned to his people that they seem to be his limbs , rather than his subjects , cloathed with mercy and justice rightly apply'd in their several places , his throne supported by love as well as by power , and the warm wishes of his devoted subjects , like never-failing incense still ascending towards him , looks so like the best image we can frame to our selves of god almighty , that men would have much ado not to fall down and worship him , and would be much more tempted to the sin of idolatry , than that of disobedience . our trimmer is of opinion , that there must be so much dignity inseparably annex'd to the royal function , as may be sufficient to secure it from violence and contempt ; and contempt ; and there must be condescensions from the throne , like showers from heaven , that the prince may look so much the more like god almighty'd deputy upon earth ; for power without love hath a terrifying aspect , and the worship which is paid to it is like that which the indians give out of fear to wild beasts and devils : he that feareth god only because there is an hell , must wish there were no god ; and he who feareth the king , only because he can punish , must wish there were no king ; so that without a principle of love , there can be no true allegiance , and there must remain perpetual seeds of resistance against a power that is built upon such an unnatural foundation , as that of fear and terrour . all force is a kind of foul play , and whosoever aimeth at it himself , doth by implication allow it to those he plays with ; so that there will be ever matter prepared in the minds of people when they are provok'd , and the prince , to secure himself , must live in the midst of his own subjects , as if he were in a conquer'd country , raise arms as if he were immediately to meet or resist an invasion , and all this while sleep as unquietly from the fear of remedies , as he did before from that of the disease ; it being hard for him to forget , that more princes have been destroy'd by their guards than by their people ; and that even at the time when the rule was quod principi placuit lex esto : the armies and praetorian bands which were the instruments of that unruly power , were frequently the means made use of to destroy them who had it . there will ever be this difference between god and his vicegerents , that god is still above the instruments he useth , and out of the danger of receiving hurt from them ; but princes can never lodge power in any hands , which may not at some time turn it back upon them ; for tho' it is possible enough for a king to have power enough to satisfy his ambition ; yet no kingdom hath money enough to satisfie the avarice of under-workmen , who learn from that prince who will exact more than belongeth to him , to expect from him much more than they deserve ; and growing angry upon the first disappointment , they are the devils which grow terrible to the conjurers themselves who brought them up , and can't send them down again ; and besides that , there can be no lasting radical security , but where the governed are satisfied with the governours ; it must be a dominion very unpleasant to a prince of an clevated mind , to impose an abject and sordid servility , instead of receiving the willing sacrisice of duty and obedience . the bravest priuces in all times , who were uncapable of any other kind of fear , have fear'd to grieve their own people ; such a fear is a glory , and in this sense 't is an insamy not to be a coward : so that the mistaken heroes who are void of this generous kind of fear , need no other aggravation to compleat their ill characters . when a despotick prince hath bruised all his subjects with a slavish obedience , all the force he can use cannot subdue his own fears , enemies of his own creation , to which he can never be reconciled , it being impossible to do injustice , and not to fear revenge : there is no cure for this fear , but the not deserving to be hurt , and therefore a prince who doth not allow his thoughts to stray beyond the rules of justice , has always the blessing of an inward quiet and assurance , as a natural effect of his good meaning to his people , and tho' he will not neglect due precautions to secure himself in all events , yet he is uncapable of entertaining vain and remote suspicions of those of whom he resolves never to deserve ill . it is very hard for a prince to fear a rebellion , who neither doth , nor intendeth to do any thing to provoke it ; therefore so great a diligence in the governours , to raise and improve dangers and fears from the people , is no very good symptom , and naturally begets an influence , that they have thoughts of putting their subjects allegiance to a tryal ; and therefore not without some reason fear before hand , that the irregularities they intend , may raise men to a resistance . our trimmer thinketh it no advantage to government , to endeavour the suppressing all kind of right which may remain in the body of the people , or to employ small authors in it , whose officiousness or want of mony may encourage them to write , tho' it is not very easie to have abilities equal to such a subject ; they forget that in their too high strain'd arguments for the rights of princes , they very often plead against known nature , which will always give a biass to those reasons which seem of her side ; it is the people that readeth those books , and its the people must judge of them , and therefore no maxims should be laid down for the right of government , to which there can be any reasonable objection ; for the world hath an interest , and for that reason is more than ordinary discerning , to find out the weak sides of such arguments as are intended to do them hurt ; and it is a diminution to a government , to promote or countenance such well affected mistakes , which are turned upon it with disadvantage , whenever they are detected or expos'd ; and naturally the too earnest endeavours to take from men the right they have , tempt them , by the example , to claim that which they have not . and in power , as in all other things , the way for princes to keep it is , not to grasp more than their arms can well hold ; nice and unnecessary enquiring into these things , or the licensing some books , and forbidding others , without sufficient reason to justifie the doing either , is so far from being an advantage to a government , that it exposeth it to the censure of being partial , and to the suspicion , of having some suddain designs to be carried on by these unusual methods . when all is said , there is natural reason of state , an undesinable thing , grounded upon the common good of mankind , which is immortal , and in all changes and revolutions , still preserveth its original right of saving a nation , when a letter of the law perhaps would destroy it ; and by whatsoever means it moveth , carrieth a power with it , that admitteth of no opposition , being supported by nature , which inspireth an immediate consent at some critical times into every individual member , to that which visibly tendeth to the preservation of the whole ; and this being so , a wise prince instead of controverting the right of this reason of state , will by all means endeavour it may be of his side , and then he will be secure . our trimmer cannot conceive that the power of any prince can be lasting , but where 't is built upon the foundation of his own unborrow'd vertue , he must not only be the first mover and the fountain , from whence the great acts of state originally flow , but he must be thought so by his people , that they may preserve their veneration to him ; he must be jealous of his power , and not impart so much of it to any about him , as that he may suffer an eclipse by it . he cannot take too much care to keep himself up , for when a prince is thought to be led by those , with whom he should onely advise , and that the commands he giveth are transmitted through him , and are not of his own growth ; the world will look upon him as a bird adorn'd with feathers that are not his own , or consider him rather as an engine than a living creature ; besides , 't would be a contradiction for a prince to fear a common-wealth , and at the same time create one himself , by delegating such a power to any number of men near him , as is inconsistant with the true figure of a monarch ; it is the worst kind of co-ordination the crown can submit too ; for it is the exercise of power that draweth the respect along with it , and when that is parted with , the bare character of a king is not sufficient to keep it up ; but tho' it is a diminution to a prince , to parcel out so liberally his power amongst his favourites , it 's yet worse to divide with any other man , and to bring himself in competition with a single rival ; a partner in government is so unnatural a thing , that it is a squint-ey'd allegiance that must be paid to such a double bottom'd monarchy . the caesars are an example that the more civiliz'd part of the world will not be proud to follow , and whatsover gloss may be put upon this method , by those to whom it may be some use , the prince will do well to remember , and reflect upon the story of certain men who had set up a statue in honour to the sua , yet in a very little time they turned their backs to the sun , and their faces to the statue . these mystical unions are better plac'd in the other world , than they are in this , and we shall have much ado to find , that in a monarchy gods vicegerency is delegated to more heads than that which is anointed . princes may lend some of their light to make another shine , but they must still preserve the superiority of being the brighter planet ; and when it happens the reversion is in mens eyes , there is more care to keep up the dignity of possessions , that men may not forget who is king , either out of their hopes or fears who shall be . if the sun shall part with all his light , the indians would not know where to find their god , after he had so deposed himself , and would make the light ( wherever it went ) the object of their worship . all usurpation is alike upon soveraignty , it s no matter from what hand it cometh ; and crowned heads are to be the more circumspect , in respect mens thoughts are naturally apt to ramble beyond what is present , they love to work at a distance , and in their greedy expectations ; their minds may be fill'd with a new . master , the old one may be left to look a little out of countenance . our trimmer owneth a passion for liberty , yet so restrain'd , that it doth not in the least impair or taint his allegiance , he thinketh it hard for a soul that doth not love liberty , ever to raise it self to another world , he taketh it to be the foundation of all vertue , and the only seasoning that giveth a relish to life , and tho' the laziness of a slavish subjection , hath its charms for the more gross and earthly part of mankind , yet to men made of a better sort of clay , all that the world can give without liberty hath no taste ; it 's true , nothing is sold so cheap by unthinking men , but that doth no more lessen the real value of it , than a country fellow's ignorance doth that of a diamond , in selling it for a pot of ale ; liberty is the mistress of mankind , she hath powerful charms that do so dazzle , that we find beauties in her which perhaps are not there , as we do in other mistresses ; yet if she was not a beauty , the world would not run mad for her ; therefore since the reasonable desire of it ought not to be restrain'd , and that even the unreasonable desire of it cannot be intirely suppress'd , those who would take is away from a people possessed of it , are likely to fail in the attempting , or be very unquiet in the keeping of it . our trimmer admireth our blessed constitutions , in which dominion and liberty are reconcil'd ; it giveth to the prince the glorious power of commanding free-men , and to the subject , the satisfaction of seeing the power so lodged ; as that their liberties are secure ; it doth not al●ow the crown such a ruining power , as that no grass may grow where e'er it treadeth , but a cherishing and protecting power ; such a one as hath a grim aspect only to the offending subjects , but is the joy and the pride of all the good ones ; their own interest being so bound up in it , as to engage them to defend and support it ; and the king is in some circumstances restrain'd , so as nothing in the government can move without him ; our laws make a true distinction between vassalage and obedience , between devouring prerogatives , and a licentious ungovernable freedom : and as of all the orders of building , the composite is the best , so ours by a happy mixture and a wise choice of what is best in others , is brought into a form ; that is our felicity who live under it , and the envy of our neighbours that cannot imitate it . the crown hath power sufficient to protect our liberties . the people have so much liberty as is necessary to make them useful to the crown . our government is in a just proportion , no tympany , no natural swelling either of power or liberty ; and whereas in all overgrown monarchies , reason , learning and enquiry are banished in effigy for mutineers ; here they are encourag'd and cherish'd as the surest friends to a government establish'd upon the foundation of law and justice : when all is done , those who look for perfection in this world , may look as long as the jews have for their messias , and therefore our trimmer is not so unreasonably partial as to free our government ; no doubt there have been fatal instances of its sickness , and more than that , of its mortality , for sometime , tho' by a miracle , it hath been reviv'd again : but till we have another mankind , in all constitutions that are bounded , there will ever be some matter of strife , and contention , and rather than want pretensions , mens passions and interest will raise them from the most inconsiderable causes . our government is like our climate , there are winds which are sometimes loud and unquiet , and yet with all the trouble they give us , we owe great part of our health unto them , they clear the air , which else would be like a standing pool , and instead of refreshment would be a disease unto us . there may be fresh gales of asserting liberty , without turning into such storms of hurricane , as that the state should run any hazard of being cast away by them ; these struglings which are natural to all mixed governments , while they are kept from growing into convulsions , do by a natural agitation from the several parts , rather support and strengthen , than weaken or mame the constitution ; and the whole frame , instead of being torn or disjointed , cometh to be the better and closer knit by being thus exercised ; but what ever faults our government may have , or a discerning critick may find in it , when he looketh upon it alone ; let any one be set against it , and then it shews its comparative beauty ; let us look upon the glittering outside of unbounded authority , and upon a nearer enquiry , we shall find nothing but poor and miserable deformity within ; let us imagine a prince living in this kingdom , as if he were a great gally , his subjects tugging at the oar , laden with chains , and reduc'd to real rags ; to give him imaginary lawrels , let us present him gazing among his flatterers , like a child never contradicted and therefore always cozen'd , or like a lady complemented only to be abus'd , condemn'd never to hear truth , and consequently never to do justice , wallowing in the soft bed of wanton and unbridled greatness , not less odious to the instruments themselves , than to the objects of his tyranny , blown up to an ambitious dropsy , never to be satisfied by the conquest of other people , or by the oppression of his own ; by aiming to be more than a man , he becomes a beast , a mistaken creature , swell'd with panegyricks , and slatter'd out of his senses , and not onely an incumbrance , but a common nuisance to mankind , a harden'd and unrelenting soul , and like some creatures that grow fat with poisons , he grows great by other mens miseries ; an ambitious ape of the divine greatness , an unruly gyant that would storm even heaven it self , but that his scaling ladders are not long enough ; in short , a wild beast in rich trappings , and with all his pride no more than a whip in god almighty's hand , to be thrown into the fire when the world has been sufficiently scourged with it : this picture laid in right colours would not incite mer to wish for such a government , but rather to acknowledge the happiness of our own , under which we enjoy all the priviledges reasonable men can desire , and avoid all the miseries others are subject too ; so that our trimmer would keep it with all its faults , and doth as little forgive those who give the occasion of breaking it , as he doth those that take it . our trimmer is a friend to parliaments , notwithstanding all their faults , and excesses , which of late have given such matter of objection to them , he thinks that tho' they may at sometimes be troublesome to authority , yet they add the greatest strength to it under a wise administration , to believe no government is perfect , except omnipotence recide in it , to be exercis'd upon great occasions : now this cannot be obtain'd by force upon the people , let it be never so great , there must be their consent too , or else a nation moveth only by being driven , a sluggish and restrained motion , void of that life and vigour which is necessary to produce great things , whereas the virtual consent of the whole being inclnded in their representatives , and the king giving the faction of the united sense of the people , every act done by such an authority , seemeth to be an effect of their choice as well as part of their duty ; and they do with an eagerness , of which men are uncapable whilst under a force , execute whatsoever is so enjoined as their own wills , better explained by parliament , rather than from the terrour of incurring the penalty of the law for omitting it , and by means of this political omnipotence , what ever sap or juice there is in a nation , may be to the last drop produc'd , whilst it rises naturally from the root ; whereas all power exercis'd without consent , is the giving wounds and gashes , and tapping a tree at unseasonable times , for the present occasion , which in a very little time must needs destroy it . our trimmer believes , that by the advantage of our scituation , there can hardly any such disease come upon us , but that the king may have time enough to consult with physitians in parliament ; pretences indeed may be made , but a real necessity so pressing , that no delay is to be admitted , is hardly to be imagined , and it will be neither easie to give an instance of any such thing for the time past , or reasonable to presume it will ever happen for the time to come ; but if that strange thing should fall out , our trimmer is not so strait-lac'd , as to let a nation dye , or be stifled , rather than it should be help'd by the proper officers . the cases themselves will bring a remedy along with them ; and he is not afraid to allow that in order to its preservation , there is a hidden power in government , which would be lost if it was designed , a certain mystery , by which a nation may at some critical times secur'd from ruine , but then it must be kept as a mistery ; it is rendred useless , when touch'd by unlucky hands ; and no government ever had or deserv'd to have that power , which was so unwary as to anticipate their claim to it : our trimmer cannot help thinking it had been better , if the triennial act had been observ'd ; first , because 't is the law , and he would not have the crown , by such an example , teach the nation to break it ; all irregularity is catching , it hath a contagion in it , especially in an age , so much more enclin'd to follow ill patterns than good ones . he would have a parliament , because 't is an essential part of the constitution , even without the law , it being the only provision in extraordinary cases , in which there would be otherwise no remedy , and there can be no greater solecisme in government , than a failure of justice . he would have one , because nothing else can unite and heal us , all other means are meer shifts and projects , houses of cards , and blown down with the least breath , and cannot resist the difficulties which are ever presum'd in things of this kind ; and he would have had one , because it might have done the king good , and could not possibly have done him hurt , without his consent , which in that case is not to be supposed , and therefore for him to fear it , is so strange and so little to be comprehended , that the reasons can never be presum'd to grow in our soyl , or to thrive in it when transplanted from any other country ; and no doubt there are such irresistable arguments for calling a parliament , that tho' it may be deny'd to the unmannerly threatning petitions of men that are malicious and disaffected , it will be granted to the obsequious murmurs of his majesties best subjects , and there will be such a rhetorick it their silent grief , that it will at last prevail against the artifices of those . who either out of guilt or interest are afraid to throw themselves upon their country , knowing how scurvily they have used it ; that day of judgment will come , tho' we know not the day nor the hour . and our trimmer would live so as to be prepared for it , with full assurance in the mean time , that a lamenting voice of a nation cannot long be resisted , and that a prince , who could so easily forgive his people when they had been in the wrong , cannot fail to hear them when they are in the right . the trimmer's opinion concerning protestant religion . religion hath such a superiority above other things , and that indispensable influence upon all mankind , that it is as nece tary to our living happy in this world , as it is to our being sav'd in the next , without it man is an abandon'd creature , one of the worst beasts nature hath produc'd , and fit only for the society of wolves and bears ; therefore in all ages it hath been the foundation of government , and tho' false gods have been impos'd upon the credulous part of the world , yet they were gods still in their opinion , and the awe and reverence men had to them and their oracles , kept them within bounds towards one another , which the laws with all their authority could never have effected without the help of religion ; the laws would not be able to subdue the perverseness of mens wills , which are wild beasts , and require a double chain to keep them down ; for this reason'tis said , that it is not a sufficient ground to make war upon a-neighbouring state , because they are of another religion , let it be never so differing ; yet if they worship'd nor acknowledg'd no deity , they may be invaded as publick enemies of mankind , because they reject the only thing that can bind them to live well with one another ; the consideration of religion is so interessed with that of government , that it is never to be separated , and the foundations of it are to be suited to the several climates and constitutions , so that they may keep men in a willing acquiescence unto them , without discomposing the world by nice disputes , which can never be of equal moment with the publick peace . our religion here in england seems to be distinguish'd by a peculiar effect of god almighty's goodness , in permitting it to be introduc'd , or more properly restor'd , by a more regular method than the circumstances of more other reformed churches would allow them to do , in relation to the government ; and the dignity with which it hath supported it self since , and the great men our church hath produc'd , ought to recommend it to the esteem of all protestants at least : our trimmer is very partial to it , for these reasons , and many more , and desiring that it may preserve its due jurisdiction and authority , so far he is from wishing it oppressed by the unreasonable and malicious cavils of those who take pains to raise objections against it . the question will then be , how and by what methods the church shall best support it self ( the present circumstances consider'd ) in relation to dissenters of all sorts : i will first lay it for a ground , that as there can be no true religion without charity , so there can be no true humaneprudence without bearing and condescension : this principle doth not extend to oblige the church always to yield to those who are disposed to molest it , the expediency of doing it is to be considered and determined according to the occasion , and this leadeth me to lay open the thoughts of our trimmer , in reference , first , to the protestants , and then to the popish recusants . what hath lately hapned among us , makes an apology necessary for saying any thing that looketh like favour towards a sort of men who have brought themselves under such a disadvantage . the lateconspiracy hath such broad symptoms of the disaffection of the whole party , that upon the first reflections , while our thoughts are warm , it would almost perswade us to put them out of the protection of our good nature , and to think that the christian indulgence which our compassion for other mens sufferings cannot easily deny , seemeth not only to be forfeited by the ill appearances that are against them , but even becometh a crime when it is so misapply'd ; yet for all this , upon second and cooler thoughts , moderate men will not be so ready to involve a whole party in the guilt of a few , and to admit inferences and presumptions to be evidence in a case , where the sentence must be so heavy , as it ought not to be against all those who have a fixed resolution against the government established ; besides , men who act by a principle grounded upon moral vertue , can never let it be clearly extinghish'd by the most repeated provocations ; if a right thing agreeable to nature and good sence taketh root in the heart of a man , that is impartial and unbyass'd , no outward circumstances can ever destroy it ; it 's true , the degrees of a mans zeal for the prosecution of it may be differing , the faults of other men , the consideration of the publick , and the seasonable prudence by which wise men will ever be directed , may give great delays , they may lessen and for a time perhaps suppress the exercise of that , which in a general prosecution may be reasonable , but whether be , so will inevitably grow and spring up again , having a foundation in nature , which is never to be destroy'd . our trimmer therefore endeavoureth to separate the detestation of those who had either a hand or a thought in the late plot , from the principle of prudential as well as christian charity towards mankind , and for that reason , would fain use the means of retaining such of the dissenters as are not injurable , and even to bearing to a degree those that are , as far as may consist with the publick interest and security ; he is far from justifying an affected separation from the communion of the church , and even in those that mean well , and are mistaken ; he looketh upon it as a disease that hath seized upon their minds , very troublesome as well as dangerous , by the confequence it may produce : he doth not go about to excuse their making it an indispensable duty , to meet in numbers to say their prayers , such meetings may prove misch evous to the state at least ; the laws which are the best judges , have determin'd that there is danger in them : he hath good nature enough to lament that the perversness of a part should have drawn rigorous laws upon the body of the dissenters , but when they are once made , no private opinion must stand in opposition to them ; if they are in themselves reasonable , they are in that respect to be regarded , even without being enjoyned , if by the change of laws and circumstances they should become less reasonable than when they were first made , even then they are to be obey'd too , because they are laws , 'till they are mended or repealed by the same authority that enacted them . he hath too much deference to the constitution of our government ; to wish any more prerogative declarations in favour of scrupulous men , or to dispence with penal laws in such manner , and to such an end , that suspecting men might with some reason pretend , that so hated a thing as persectuion could never make way for it self with any hopes of success , otherwise than by preparing the deluded world by a false prospect of liberty and indulgence ; the inward springs and wheels whereby the engine mov'd , are now so fully laid open and expos'd , that it is not supposable that such a baffled experiment should ever be tryed again , the effect it had at the time , and the spirit it raised , will not easily be forgotten , and it may be presum'd the remembrance of it may secure us from any more attempts of that nature for the future ; we must no more break a law to give men ease , than we are to rob an house with a devout intention of giving plunder to the poor ; in this case , our compassion would be as ill directed as our charity in the other . in that the veneration due to the laws is never to be thrown off , let the pretences be never so specious ; yet with all this he cannot bring himself to think , that an extraordinary diligence to take the uttermost penalyt of the laws upon the poor offending neighbour , is of it self such an all-sufficient vertue , that without something else to recommend men , it should entitle them to all kind of preferments and rewards ; he would not detract from the merits of those who execute the laws , yet he cannot think such a piece of service can entirely change the man , or either make him a better divine , or a more knowing magistrate than he was before , especially if it be done with a partial and unequal hand , in reference to greater and more dangerous offenders . our trimmer would have those mistaken men ready to throw themselves into the arms of the church , and he would have those arms as ready to receive them ; he would have no supercilious look to fright those strayed sheep from coming into the fold again ; no ill-natur'd maxims of an eternal suspicion , or a belief that those who have once been in the wrong can never be in the right again ; but a visible preparation of mind to receive with joy all the proselites that come amongst us , and much greater earnestness to reclaim than punish them : it is to be confess'd , there is a great deal to forgive , a hard task enough for a church so provoked ; but that must not cut off all hopes of being reconciled , yet if there must be some anger left still , let it break out into a christian revenge , and by being kinder to the children of disobedience than they deserve , let the injur'd church triumph , by throwing shame and confusion of face upon them ; there should not always be storms and thunder , a clear sky would sometime make the church more like heaven , and would be more towards the reclaiming those wanderers , than a perpetual terrour , which seemeth to have no intermission , for there is in many , and particularly in english man , a mistaken pleasure , in resisting the dictates of rigorous authority ; a stomach that riseth against a hard imposition , nay , in some , raise even a lust in suffering from a wrong point of honour , which doth not want her greater applause , from the greater part of mankind , who have not learnt to distinguish ; constancy will be thought a vertue even where it is a mistake ; and the ill judging world will be apt to think that opinion in thought which produceth the greatest number of those who are willing to suffer for it ; all this is prevented , and falleth to the ground , by using well-timed indulgence ; and the stubborn adversary who values himself upon his resistance whilst he is oppress'd , yieldeth insensibly to kind methods , when they are apply'd to him , and the same man naturally melteth into conformity , who perhaps would never have been beaten into it . we may be taught by the compassion that attendeth the most criminal men when they are condemned , that faults are more natural things than punishments , and that even the most necessary acts of severity do some kind of violence to our nature , whose indulgence will not be confin'd within the strait bounds of inexorable justice ; so that this should be an argument for gentleness , besides that it is the likeliest way to make men asham'd of their separation , whilst the pressing them too hard , tendeth rather to make them proud of it . our trimmer would have the clergy supported in their lawful rights , and in all the power and dignity that belongeth to them , and yet he thinketh possibly there may be in some of them a too great eagerness to extend the ecclesiastical jurisdiction ; which tho' it may be well intended , yet the straining of it too high hath an appearance of ambition , that causeth many objections to it , and it is very unlike the apostolick zeal , which was quite otherwise employ'd , that the world draweth inferences from it , which do the church no service . he is troubled to see men of all sides sick of a calenture of a mistaken devotion , and it seemeth to him that the devout fire of mutual charity , with which the primitive christians were inflam'd , is long since extinguish'd , and instead of it a devouring fire of anger and persecution breaketh out in the world ; we wrangle now one with another about religion 'till the cloud cometh , whilst the ten commandments have no more authority with us , than if they were so many obsolete laws or proclamations out of date ; he thinks that a nation will hardly be mended by principles of religion , where morality is made a heresy ; and therefore as he believeth devotion misplac'd where it getteth into a conventicle , he concludeth that loyalty is so , when lodg'd in a drunken club , those vertues deserve a better seat of empire , and they are degraded , when such men undertake their defence , as have so great need for an apology themselves . our trimmer wisheth that some knowledge may go along with the zeal on the right side , and that those who are in possession of the pulpit , would quote at least so often the authority of the scriptures as they do that of the state ; there are many who borrow too often arguments from the government , to use against their adversaries , and neglect those that are more proper , and would be more powerful ; a divine grows less , and putteth a diminution on his own character , when he quoteth any law but that of god almighty , to get the better of those who contest with him ; and it is a sign of a decay'd constitution , when nature with good diet cannot expel noxious humours without calling foreign drugs to her assistance ; so it looketh like want of health in a church , when instead of depending upon that truth which it holdeth , and the good examples of them that teach it , to support it self , and to suppress errors , it should have perpetual recourse to the secular authority , and even upon the slightest occasions . our trimmer hath his objections to the too hasty diligence , and to the overdoing of some of the dissenting clergy , and he doth as little approve of those of our church , who wear god almighty's liveries , as some old warders in the tower do the kings , who do nothing in their place but receive their wages for it ; he thinketh that the liberty of the late times gave men so much light , and diffused it so universally amongst the people , that they are not now to be dealt with , as they might have been of less enquiry ; and therefore tho' in some well chosen and dearly beloved auditories , good resolute nonsence back'd with authority may prevail , yet generally men are become so good judges of what they hear , that the clergy ought to be very wary how they go about to impose upon their understandings , which are grown less humble than in former times , when the men in black had made learning such a sin in the laity , that for fear of offending , they made a conscience of being able to read ; but now the world is grown sawcy , and do expect reasons , and good ones too , before they give up their own opinions to other mens dictates , tho' never so magisterially deliver'd to them . our trimmer is far from approving the hypocrisie which seemeth to be the reigning voice amongst some of the dissenting clergy , he thinketh it the most provoking sin men can be guilty of , in relation to heaven , and yet ( which may seem strange ) that very sin which shall destroy the soul of the man who preaches , may help to save those of the company that hear him , and even those who are cheated by the false ostentation of his strictness of life , may by that pattern be encouraged to the real practice of those christian vertues which he doth so deceitfully profess ; so that the detestation of this fault may possibly be carry'd on too far by our own orthodox divines , if they think it cannot be enough expres'd without bending the stick another way ; a dangerous method , and a worse extream for men of that character , who by going to the outward line of christian liberty , will certainly encourage others to go beyond it : no man doth less approve the ill-bred methods of some of the dissenters , in rebuking authority , who behave themselves as if they thought ill manners necessary to salvation , yet he cannot but distinguish and desire a mean between the sawcyness of some of the scotch apostles , and the undecent courtship of some of the silken divines , who , one would think , do practice to bow at the altar , only to learn to make the better legs at court. our trimmer approveth the principles of our church , that dominion is not founded in grace , and that our obedience is to be given to a popish king in other things , at the same time that our compliance with him in his religion is to be deny'd , yet he cannot but think it an extraordinary thing if a protestant church should by a voluntary election chuse a papist for their guardian , and receive directions for supporting our religion from one who must believe it a mortal sin not to endeavout to destroy it ; such a refined piece of breeding would not seem to be very well plac'd in the clergy , who will hardly find presidents to justify such an extravagant piece of courtship , and which is so unlike the primitive methods , which ought to be our pattern ; he hath nc such unreasonable tenderness for any sorts of men , as to expect their faults should not be impartially laid open as often as they give occasion for it ; and yet he cannot but smile to see the same man , who setteth up all the sails of his rhetorick , to fall upon dissenters ; when popery is to be handled , he doth it so gingerly , that he looketh like an ass mumbling of thistles , so afraid he is of letting himself loose upon a subject , where he may be in danger of letting his duty get she better of his discretion . our trimmer is far from relishing the impertinent wandrings of those who pour out long prayers upon the congregation , and all from their own stock , which god knows , for the most part , is a barren soil , which produceth weeds instead of flowers , and by this means they expose religion it self , rather than promote mens devotions : on the other side , there may be too great restraint put upon men , whom god and nature hath distinguished from their fellow-labourers , by blessing them with a happier talent , and by giving them not only good sense , but a powerful utteranee too , hath enabled them to gust out upon the attentive auditory with a mighty stream of devout and unaffected eloquence ; when a man qualified , endued with learning too , and above that , adorn'd with a good life , breaks out into a warm and well-deliver'd prayer before his sermon , it hath the appearance of a divine rapture , he raiseth and leadeth the hearts of the assembly in another manner than the most compos'd or best studied form of set words can ever do ; and the pray-wees , who serve up all the sermon with the same garnishing , would look like so many statues , or men of scraw in the pulpit , compar'd with those who speak with such a powerful zeal , that men are tempted at the moment to believe heaven it self hath directed their words to them . our trimmer is not so unreasonably indulgent to the dissenters , as to excuse the irregularities of their complaints , and to approve their threatning stiles , which is so ill-suited to their circumstances as well as to their duty ; he would have them to shew their grief , and not their anger to the government , and by such a submission to authority , as becomes them , if they cannot acquiesce in what is imposed ; let them deserve a legislative remedy to their sufferings , there being no other way to give them perfect redress ; and either to seek it , or pretend to give it by any other method , would not only be vain but criminal too in those that go about it ; yet with all this , there may in the mean time be a prudential latitude left , as to the manner of preventing the laws now in force against them : the government is in some degree answerable for such an administration of them , as may be free from the censure of impartial judges ; and in order to that , it would be necessary that one of these methods be pursued , either to let loose the laws to their utmost extent , without any moderation or restraint , in which at least the equality of the government would be without objection , the penalties being exacted without remission from the dissenters of all kinds ; or if that will not be done ( and indeed there is no reason it should ) there is a necessity of some connivance to the protestant dissenters to execute that which in humanity must be allowed to the papists , even without any leaning towards them , which must be supposed in those who are or shall be in the administration of publick business ; and it will follow that , according to our circumstances , the distinction of such connivance must be made in such manner , that the greatest part of it may fall on the protestant side , or else the objections will be so strong , and the inferences so clear , that the friends , as well as the enemies of the crown , will be sure to take hold of them . it will not be sufficient to say , the papists may be conniv'd at , because they be good subjects , but not the protestant dissenters , because they are ill ones ; these general maxims will not convince discerning men , neither will any late instances make them forget what hath passed at other times in the world ; both sides have had their turns of being good and ill subjects , therefore 't is easie to imagine what suspicions would arise in the present conjuncture , if such a partial argument as this should be impos'd upon us ; the truth is , the matter speaketh so much of it self , that it is not only unnecessary , but it may be unmannerly to say any more of it . our trimmer therefore wisheth , that since notwithstanding the laws which deny churches to say mass in ; not only the exercise , but also the ostentation of popery is as well or better performed in the chappels of so many foreign ministers , where the english openly resort in spight of proclamations and orders of council , which are grown to be as harmless things to them , as the popes bulls and excommunications are to hereticks who are out of his reach ; i say he could wish that by a seasonable as well as an equal piece of justice , there might be so much consideration had of the protestant dissenters , as that there might be at sometimes , and at some places , a veil thrown over an innocent and retired conventicle , and that such an indulgence might be practic'd with less prejudice to the church , or diminution to the laws , it might be done so as to look rather like a kind omission to enqu●re too strictly , than an allow'd toleration of that which is against the rule established . such a skilful hand as this is very necessary in our circumstances , and the government by making men entirely desperate , doth not only secure it self from danger of any wild or villianous attempts , but layeth such a foundation for healing and uniting laws , when ever a parliament shall meet , that the seeds of differences and animosities between the contending sides may ( heaven consenting ) be for ever destroy'd . the trimmer's opinion concerning the papists . to speak of popery leadeth me into such a sea of matter , that it is not easie to forbear launching into it , being invited by such a fruitful stream , and by a variety never to be exhausted ; but to confine it to the present subject , i will only say a short word of the religion it self ; of its influences here at this time ; and of trimmer's opinion in relation to our living with them . if a man would speak maliciously of this religion , one might say it is like diseases , where as long as one drop of the infection remains , there is still danger of having the whole mass of blood corrupted by it . in swedeland there was an absolute cure , and nothing of popery heard of , till queen christiana ( whether mov'd with arguments of this or the other world , may not be good manners to enquire ) thought fit to change her religion and country , and to live at rome where she might find better judges of her vertues , and less ungentle censures of those princely liberties she was sometimes disposed to , than she left at stockholme , where the good breeding is much inferior to that of rome , as well as the civility of the religion : the cardinals having rescued the church from those clownish methods the fisher-men had first introduc'd , and mended that pattern so effectually , that a man of that age , if he should now come into the world , would not possibly know it . in denmark the reformation was entire , in some states of germany , as well as geneva , the cure was universal ; but in the rest of the world where the protestant religion took place , the popish humour was too high to be totally expell'd , and so it was in england , tho' the change was made with all the advantage imaginable to the reformation , it being countenanc'd and introduc'd by legal authority , and by that means might have been perhaps as perfect as in any other place , if the short reign of edward the th and the succession of a popish queen had not given such advantage to that religion , that it hath subsisted ever since under all the hardships that have been put upon it ; it hath been a strong compact body , and made the more so by these sufferings ; it was not strong enough to prevail , but it was able with the help of rome , to carry on an interest which gave the crown trouble , and to make a considerable ( not to say dangerous ) figure in the nation ; so much as this could not have been done without some hopes , nor these hopes kept up without some reasonable grounds : in queen elizabeth's time , the spanish zeal for their religion , and the revenge for gave warmth for the papists here , and above all the sight of the queen of scots to succed , while she lived , sufficient to give a better prospect of their affairs : in king jame's time the spanish match and his gentleness towards them , which they were ready to interpret more in their own favour , than was either reasonable or became them , so little tenderness they have , even where it is most due , if the interest of their religion cometh in competition with it . as for the late king , tho' he gave the most glorious evidence that ever man did of his being a protestant , yet , by the more than ordinary influence the queen was thought to have over him , and it so happening that the greatest part of his anger was directed against the puritans , there was such an advantage to men to suspect , that they were ready to interpret it a leaning towards popery , without which handle it was morally impossible that the ill-affected part of the nation could ever have seduc'd the rest into a rebellion . that which help'd to confirm many well meaning men in their misapprehensions of the king , was the long and unusual intermission of parliaments , so that every year that passed without one , made up a new argument to increase their suspicion , and made them presume that the papists had a principal hand in keeping them off : this raised such heats in mens minds , to think that men who are obnoxious to the laws , instead of being punished , should have credit enough to serve themselves , even at the price of destroying the fundamental constitution ; that it broke out into a flame , which , before it could be quenched , had almost reduc'd the nation to ashes . amongst the miserable effects of that unnatural war , none hath been more fatal to us , than the forcing our princes to breathe in another air , and to receive the early impressions of a foreign education : the barbarity of the english towards the king and the royal family , might very well tempt him to think the better of every thing he found abroad , and might naturally produce more gentleness , at least , towards a religion by which he was hospitably receiv'd , and the same time he was thrown off and persecuted by the protestants ( tho' his own subjects ) to aggravate the offence . the queen mother ( as generally ladies do with age ) grew most devout and earnest in her religion ; and besides the temporal rewards of getting larger subsidies from the french clergy , she had motives of another kind , to perswade her to shew her zeal : and since by the roman dispensatory , a soul converted to the church is a soveraign remedy , and layeth up a mighty stock of merit ; she was solicitous to secure her self in all events , and therefore first set upon the duke of gloucester , who depended so much upon her good will , that she might for that reason believe the conquest would not be difficult ; but it so fell out that he , either from his own constancy , or that he had those near him by whom he was otherways advis'd , chose rather to run away from her importunity , than by staying to bear the continual weight of it : it is believ'd this had better success with another of her sons , who , if he was not quite brought off from our religion , at least , such beginnings were made , as made them very easie to be finish'd ; his being of a generous and aspiring nature , and in that respect , less patient in the drudgery of arguing , might possibly help to recommend a church to him , that exempteth the laity from the vexation of enquiring ; perhaps he might ( tho' by mistake ) look upon that religiou as more favourable to the enlarged power of kings , a consideration which might have its weight with a young prince in his warm blood , and that was brought up in arms. i cannot hinder my self from a small digression , to consider with admiration the old lady of rome , with all her wrinkles , should yet have charms to subdue great princes , so painted , and yet so pretending , after having abus'd , depos'd , and murther'd so many of her lovers , she still findeth others glad and proud of their new chains ; a thing so strange , to indifferent judges , that those who will allow no other miracles in the church of rome , must needs grant that this is one not to be contested ; she setteth in her shop , and selleth at dear rates her rattles and her hobby-horses , whilst the deluded world still continues to furnish her with customers . but whither am i carried with this contemplation ? it is high time to return to my text , and to consider the wonderful manner of the kings coming home again , led by the hand of heaven , and called by the voice of his own people , who receiv'd him , if possible , with joys equal to the blessing of peace and union which his restauration brought along with it ; by this there was an end put to the hopes some might have abroad , of making use of his less happy circumstances , to throw him into foreign interests and opinions , which had been wholly inconsistent with our religion , our laws , and all other things that are dear to us ; yet for all this , some of those tinctures and impressions might so far remain , as tho' they were very innocent in him , yet they might have ill effects , by softning the animosity which seems necessary to the defender of the protestant faith , in opposition to such a powerful and irreconcilable an enemy . you may be sure , that among all the sorts of men who apply'd themselves to the king at his first coming , for his protection ; the papists were not the last , nor , as they fain would have flatter'd themselves , the least welcome , having their past sufferings , as well as their present professions to recommend them ; and there was something that look'd like a considerable consideration of them , since so it happened , that the indulgence promised to dissenters at breda , was carried on in such a manner , that the papists were to divide with them , and tho' the parliament , notwithstanding its resignation to the crown in all other things , rejected with scorn and anger a declaration fram'd for this purpose , yet the birth and steps of it gave such an alarm , that mens suspicions once raised , were not easily laid asleep again . to omit other things , the breach of the tripple league , and the dutch war with its appurtenances , carried jealousies to the highest pitch imaginable , and fed the hopes of one party , and the fears of the oth●● to such a degree , that some critical resolutions were generally expected when the ill success of that war , and the sacrifice , fame thought sit to make of the papists here , to their own interest abroad , gave another check ; and the act of enjoyning the test on all officers , was thought to be no ill bargain to the nation , tho' bought at the price of pound , and the money apply'd to continue the war against the dutch , than which nothing could be more unpopular or less approv'd ; not withstanding those discouragements , popery is a plant that may be mowed down , but the root will still remain , and in spite of the laws , it will sprout up and grow again ; especially if it should happen that there should be men in power , who instead of weeding it out of our garden , will take care to cherish and keep it alive ; and tho' the law of excluding them from places was tolerably kept as to their outward form , yet here were many , circumstances , which being improv'd by the quick-sighted malice of ill-affected men , did help to keep up the world in their suspicions , and to blow up jealousies to such a height both in and out of parliament , that the remembrance of them is very unpleasant , and the example so extravagant , that it is to be hop'd nothing in our age like it will be attempted ; but to come closer to the case in question , in this condition we stand with the papists , what shall now be done according to our trin. mer's opinion , inorder to the better clearing of this grievance , since as i have said before , there is no hopes of being entirely free from it ; papists we must have among us , and if their religion keep them from bringing honey to the hive , let the government try at least by gentle and not by violent means to take away the sting from them ; the first foundation to be laid is , that a distinct consideration is to be had of the papists clergy , who have such an essential interest against all accommodation , that it is a hopeless thing to propose any thing to them less than all ; their stomachs have been fit for it ever since the reformation , they have pinn'd themselves to a principle that admits no mean , they believe protestants will be damn'd , and therefore by an extraordinary effect of christian charity , they would destroy one half of england that the other might be saved ; then for the world , they must be in possession for god almighty , to receive his rents for him , not to accompt till the day of judgment , which is a good kind of tenure , and ye cannot well blame the good men , that will stir up the laity to run any hazard in order to the getting them restor'd : what is it to the priest , if the deluded zealot undoes himself in the attempt , he singeth masses as joyfully , and with as good a voice at rome or st. omers as ever he did ; is a single man , and can have no wants but such as may be easily supply'd yet that he may not seem altogether insensible , or ungratesul to those that are his martyrs , he is ready to assure their executors , and if they please , will procure a grant sub anulo piscatoris , that the good man by being changed , hath got a good bargain , and sav'd the singing of some hundred of years , which he would else have had in purgatory ; there 's no cure for those sorts of men , no expedient to be propos'd , so that tho' the utmost severity of the laws against them , may in some sort be mittigated , yet no treaty can be made with men who in this case have no free will , but are so muffled by zeal , tyed by vows , and kept up by such unchangeable maxims of the priesthood , that they are to be left as desperate patients , and look'd upon as men that will continue in an eternal state of hostility , till the nation is entirely subdued to them ; it is then only the lay papists that are capable of being treated with , and we are to examine of what temper they are , and what arguments are the most likely to prevail upon them , and how 't is adviseable for the government to be indulgent unto them ; the lay papists generally keep their religion , rather because they will not break company with those of their party , than out of any setled zeal that hath root in them ; most of them do by the mediation of the priests marry one another , and by keeping up an ignorant opinion by hearing only one side ; others look upon it as the escutcheons , the more antient religion of the two ; and as some men of a good pedigree , will despise meaner men , tho' never so much superior to them by nature , so these undervalue reformation as an upstart , and think there is more honour in supporting an old errour , than in embracing what see meth to be a new truth ; the laws have made them men of pleasure , by excluding them from publick business , and it happens well they are so , since they will the more easily be perswaded by arguments of ease and conveniency to them ; they have not put off the man in general , nor the englishman in particular ; those who in the late storm against them went into other countries , tho' they had all the advantage that might recommend them to a good reception , yet in a little time they chose to steal over again , and live here with hazard , rather than abroad with security ; there is a smell in our natural earth better than all the perfumes in the east ; there is something in a mother , tho' never so angry , that the children will more naturally trust sooner , than the studied civilities of strangers , let them be never so hospitable ; therefore 't is not adviseable , nor agreeing with the rules of governing prudence , to provoke men by hardships to forget that nature , which else is sure to be of our side . when these men by fair usage are put again into their right senses , they will have quite differing reflections from those which rigour and persecution had raised in them : a lay-papist will first consider his abby-lands , which notwithstanding whatever hath or can be alledged ; must sink considerably in the value , the moment that popery prevaileth ; and it being a disputable matter whether zeal might not in a little time get the better of the law in that case , a considering man will admit that as an argument to perswade him , to be content with things as they are , rather than run this or any other hazard by change , in which perhaps he may have no other advantage , than that his new humble confessour may be rais'd to a bishoprick , and from thence look down superciliously upon his patron , or which is worse , run to take possession for god almighty of his abby , in such manner as the usurping landlord ( as he will then be called ) shall hardly be admitted to be so much as a tenant to his own lands , lest his title should prejudice that of the church , which will then be the language ; he will think what disadvantage 't is to be look'd upon as a separate creature , depending upon foreign interest and authority , and for that reason , expos'd to the jealousie and suspicion of his countrymen ; he will reflect what an incumbrance it is to have his house a pasture for hungry priests to grow in , which have such a never-failing influence upon the foolish , which is the greatest part of every man's family , that a man's dominion , even over his own children , is mangled and divided , if not totally undermin'd by them ; then to be subject to what arbitrary taxes the popish convocations shall impose upon them for the carrying on the common interest of that religion , under penalty of being mark'd out for half hereticks by the rest of the laity , to have no share in business , no opportunity of shewing his own value to the world ; to live at the best an useless , and by others to be thought a dangerous member of the nation where he is born , is a burden to a generous mind that cannot be taken off by all the pleasure of an easie unmanly life , or by the nauseous enjoyment of a dull plenty , that produceth no good for the mind , which will ever be consider'd in the first place by a man that hath a soul ; when he should think , that if his religion , after his wading through a sea of blood , come at last to prevail , it would infinitely lessen , if not entirely destroy the glory , riches , strength and liberty of his own country ; and what a sacrifice is this to make to rome , where they are wise enough to wonder there should be such fools in the world , as to venture , struggle , and contend , nay , even to die martyres for that which , should it succeed , would prove a judgment instead of a blessing to them ; he will conclude that the advantages of throwing some of their children back again to god almighty when they have too many of them , are not equal to the inconveniences they may either feel or fear , by continuing their separation from the religion established . moral things will have their weight in the world , and tho' zeal may prevail for a time , and get the better in a skirmish , yet the war endeth generally on the side of flesh and blood , and will do so till mankind is another thing than it is at present : and therefore a wise papist in cold blood , considering these and many other circumstances , 't will be worth his pains to see if he can unmuffle himself from the mask of infallibility , will think it reasonable to set his imprison'd senses at liberty , and that he hath a right to see with his own eyes , hear with his own ears , and judge by his own reason ; the consequence of which must probably be , that weighing things in a right scale , and seeing them in their true colours , he would distinguish between the merit of suffering for good cause , and the foolish ostentation of drawing inconveniences upon himself , and therefore would not be unwilling to be convinc'd that our protestant creed may make him happy in the other world , and the easier in this ; a few of such wise proselytes would by their example draw so many after them , that the party would insensibly melt away , and in a little time , without any angry word , we should come to an union , that all good men would have reason to rejoyce at ; but we are not to presume upon these conversions , without preparing men for them by kind and reconciling arguments ; nothing is so against our nature , as to believe those can be in the right who are too hard upon us ; there is a deformity in every thing that doth us hurt , it will look scurvily in our eye while the smart continues , and a man must have an extraordinary measure of grace , to think well of a religion that reduceth him and his family to misery ; in this respectour trimmer would consent to the mitigation of such laws as were made , ( as it 's said king henry viii . got queen elizabeth ) in heat against rome : it may be said that even states as well as private men are subject to passion ; a just indignation of a villainous attempt produceth at the time such remedies , as perhaps are not without some mixture of revenge , and therefore tho' time cannot repeal a law , it may by a natural effect soften the execution of it ; there is less danger to rouse a lyon when at rest , than to wake laws , that intended to have their time of sleeping , nay more than that , in some cases their natural periods of life , dying of themselves without the solemnity of being revok'd , any otherwise than by the common consent of mankind , who do cease to execute , when the reasons in great measure fail that first created and satisfyed the rigour of unusual penalties . our trimmer is not eager to pick out some places in history against this or any other party ; quite contrary , is very sollicitous to find out any thing that may be healing , and tend to an agreement ; but to prescribe the means of this gentleness so as to make it effectual , must come from the only place that can furnish remedies for this cure , viz. a parliament ; in the mean time , it is to be wished there may be such a mutual calmness of mind , as that the protestants might not be so jealous , as still to smell the match that was to blow up the king , and both houses in the gunpowder treason , or to start at every appearance of popery , as if it were just taking possession . on the other side , that the papists may not suffer themselves to be led by any hopes , tho' never so flattering , to a confidence or ostentation which must provoke men to be less kind to them ; that they may use modesty on their sides , and the protestants indulgence on theirs ; by this means there will be an over-looking of all venial faults , atacit connivance at all things that do not carry scandal with it , and it would amount to a kind of natural dispensation with the severe laws , since there would be no more accusers to be found , were the occasions of anger and animosity once remov'd ; let the papists in the mean time remember , that there is a respect due from all lesser numbers to greater , a deference to be paid by an opinion that is exploded , to one that is established ; such things well digested will have an influence upon their behaviour , and produce such a temper as must win the most eager adversaries out of their ill humour to them , and give them a title to all the favour that may be consistent with the publick peace and security . the trimmer's opinion in relation to things abroad . the world is so compos'd , that it is hard , if not impossible , for a nation not to be a great deal involv'd in the fate of their neighbours ; and tho'by the felicity of our scituation , we are more independent than any other people , yet we have in all ages been concern'd for our own selves in the revolutions abroad . there was a time when england was the over-ballancing power of christendom , and that eitherby inheritance or conquest , the better part of france receiv'd laws from us ; after that we being reduc'd into our own limits , france and spain became the rivals for the universal monarchy , and our third power , tho' in it self less than either of the other , hapned to be superiour to any of them , by that choice we had of throwing the scales on that side to which we gave our friendship . i do not know whether this figure did not make us as great as our formal conquest , to be a perpetual umpire between the two great contending powers , who gave us all their courtship , and offer'd all their incense at our altar , whilst the fate of either prince seemed to depend upon the otacles we delivered , for the king of england to sit on his throne , as in the supream court of justice , which the two last appeal , the two great monarchs pleading their cause , and expecting their sentence ; declaring which side was in the right , or at least if we pleas'd which side should have the better of it , was a piece of greatness which was peculiar to us , and no wonder if we endeavour to preserve it , as we did for a considerable time , it being our safety , as well as glory , to maintain it ; but by a fatality upon our councils , or by the refin'd policy of this latter age , we have thought fit to use industry to destroy this mighty power , which we have so long enjoyed ; and that equality between the two monarchs , which we might for ever have preserved , hath been chiefly broken by us , whose interest it was above all others to maintain it ; when one of them , like the overflowing of the sea , had gained more upon the other than our conveniency , or indeed our safety , would allow , instead of mending the banks , or making new ones , we our selves helpt to cut them , to invite and make way for a farther inundation . france and spain have had their several turns in making use of our mistakes , and we have been formerly as deaf to the instances of the then weaker part of the world to help them against the house of austria , as we can now be to the earnestness of spain , that we would assist them against the power of france . gondamar was as sawcy , and as powerful too in king james his court , as any french ambassadour can have been at any time since , when men talkt as wrong then on the spanish side , and made their court by it , as any can have done since by talking as much for the french ; so that from that time , instead of weighing in a wise balance the power of either crown , it looketh as if we had meant only to weigh the pensions , and take the heaviest . it would be tedious , as well as unwelcome , to recapitulate all our wrong steps , so that i will go no farther than the king's restauration , at which time the balance was on the side of france , and that by the means of cromwell , who for a separate interest of his own , had sacrificed that of the nation , by joyning with the stronger side , to suppress the power of spain , which he ought to have supported . such a method was natural enough to an usurper , and shew'd he was not the father of the people , by his having so little care for them ; and the example coming from that hand , one would think should , for that reason , be less likely to be soliow'd . but to go on , here cometh the king , follow'd with courtships of all nations abroad , of which some did it not only to forget how familiarly they had us'd him when he was in other circumstances , but to bespeak the friendship of a prince , who , besides his other greatness , was more considerable by being re-establisht by the love of his people ; france had an interest either to dispose us to so much good will , or at least to put us in such a condition , that we might give no opposition to their designs ; and flanders being a perpetual object in their eye , a las●ing beauty for which they have an incurable passion , and not being kind enough to consent to them , they meditated to commit a rape upon her , which they thought would not be easie to do , whilst england and holland were agreed to rescue her , when-ever they should hear her cry out for help to them ; to this end they put in practice seasonable and artificial whispers , to widen things between us and the states , amboyna and the fishery must be talk'd of here ; the freedom of the seas and the preservation of trade must be talk'd of and insinuated there ; and there being combustible matter on both sides , in a little time it took fire , which gave those that kindled it , sufficient cause to smile and hug themselves , to see us both fall into the net they had laid for us ; and it is observable and of good example to us , if we will take it , that their design being to set us together at cuffs to weaken us , they kept themselves indifferent till our victories began to break the balance ; then the king of france , like a wise prince , was resolved to support the beaten side , and would no more let the power of the sea , than we ought to suffer the monarchy of europe , to fall into one hand : in pursuance to this , he took part with the dutch , and in a little time made himself umpire of the peace between us ; some time after , upon pretence of his queen's title to part of flanders , by right of devolution , he falleth into it with a mighty force , for which the spaniards were so little prepared , that he made a very swift progress , and had such a torrent of undisputed victory , that england and holland , tho' the wounds they had given one another were yet green , being struck with the apprehension of so near a danger to them , thought it necessary , for their own defence , to make up a sudden league , into which sweden was taken to interpose for a peace between the two crowns . this had so good an effect , that france was stopt in its career , and the peace of aix le chapelle was a little after concluded . 't was a forc'd putt ; and tho' france wisely dissembled their inward dissatisfaction , yet from the very moment they resolv'd to unty the triple knot , whatever it cost them ; for his christian majesty , after his conquering meals , ever riseth with a stomach , and he lik'd the pattern so well , that it gave him a longing desire to have the whole piece . amongst the other means used for the attaining this end , the sending over the dutchess of orleans , was not the least powerful , she was a very welcome guest here , and her own charms and dexterity joined with other advantages , that might help her perswasions , gave her such an ascendent , that she could hardly fail of success . one of the preliminaries of her treaty , tho' a trivial thing in it self , yet was considerable in the consequence , as very small circumstances often are in relation to the government of the world about this time a general humour , in opposition to france , had made us throw off their fashion , and put on vests , that we might look more like a distinct people , and not be under the servility of imitation , which ever payeth a greater deference to the original , than is consistent with the equality all independent nations should pretend to ; france did not like this small beginning of ill humours , and least of emulation , and wisely considering that it is a natural introduction first to make the world their apes , that they may be afterwards their slaves . it was thought that one of the instructions madam brought along with her , was to laugh us out of these vests , which she performed so effectually , that in a moment , like so many footmen who had quitted their masters livery , we all took it again , and return'd to her service ; so that the very time of doing it gave a very critical advantage to france , since it lookt like an evidence of our returning to their interest , as well as to their fashion , and would give such a distrust of us to our new allies , that it might facilitate the dissolution of the knot , which tied them so within their bounds , that they were very impatient till they were freed from the restraint . and the lady had a more extended commission than this , and we double-laid the foundation for a new strict alliance , quite contrary to the other , in which we had been so lately engag'd . and of this there were such early appearances , that the world began to look upon us as falling into apostacy from the common interest . notwithstanding all this , france did not neglect at the same time to give good words to the dutch , and even to feed them with hopes of supporting them against us , when on a sudden , that never to be forgotten declaration of war against them cometh out , only to vindicate his own glory , and to revenge the injuries done to his brother of england , by which he came out second in this duel ; so humble can this prince be , when at the same time he doth more honour than we deserve , he layeth a greater share of the blame upon our shoulders , than did naturally belong to us ; the particulars of that war , our part in it while we staid in , and when we were out of breath , our leaving the french to make an end to fight , are things too well known to make it necessary , and too unwelcome in themselves to incite me to repeat them ; only the wisdom of france is in this to be observ'd , that when we had made a separate peace , which left them single to oppose the united force of the confederates , they were so far from being angry , that they would not shew so much as the least coldness , hoping to get as much by our mediation for a peace , as they would have expected from our assistance in the war , our circumstances at that time consider'd . this seasonable piece of indulgence in not reproaching us , but rather allowing those necessities of state which we gave for our excuse , was such an engaging method , that it went a great way to keep us still in his chains , when , to the eye of the world , we had absolutely broke loose from him : and what pass'd afterwards at nimeguen , tho' the king's neutrality gave him the outward figure of a mediator , it appear'd that his interposition was extremely suspected of partiality by the confederates , who upon that ground did both at and before the conclusion of the treaty , treat his ministers there with a great deal of neglect . in this peace , as well as that in the pirenean and aix le chapelle , the king of france , at the moment of making it , had the thought of breaking it ; for a very little time after he broach'd his intentions upon a cost , or things that if they had been offer'd by a less formidable hand , would have been smiled at ; but ill arguments being seconded by good armies , carry such a power with them , that naked sense is a very unequal adversary . it was thought that these aiery claims were chiefly rais'd with the prospect of getting lunenburgh for the equivalent ; and this opinion was confirm'd by the blocking it up afterwards , pretending to the country of china , that it might be entirely surrounded by the french dominions , it was so pressed that it might have fallen in a little time , if the king of france had not sent orders to his troops to retire , and his christian generosity which was assign'd for the reason of it , made the world smile , since it hath been seen how differently his devout zeal worketh in hungary : that specious reason was in many respects ill tun'd , and france it self gave it so faintly , that at the very time it look'd out of countenance ; the true ground of his retiring is worth our observation ; for at the instance of the confederates , offices were done , and the memorials given , but all ineffectual till the word parliament was put into them ; that powerful word had such an effect , that even at that distance it rais'd the siege , which may convince us of what efficacy the king's words are , when he will give them their full weight , and threaten with his parliament ; it is then that he appears that great figure we ought to represent him in our minds , the nation his body , he the head , and joined with that harmony , that every word he pronounceth is the word of a kingdom : such words , even by this example , are as effectual as fleets and armies , because they can create them , and without this his word founds abroad like a faint whisper , that is either not heard ( or which is worse ) not minded . but tho' france had made this step of forced compliance , it did not leave off the pursuit of their pretensions ; and therefore immediately proposed the arbitration to the king ; but it appear'd , that notwithstanding his merit towards the confederates , in saving luxenburgh , the remembrances of what had passed before , left such an ill taste in their mouths , they could not without being put into a condition to dispose of their interests , and therefore declin'd it by insifting upon a general treaty , to which france hath ever since continued to be averse ; our great earnestness to perswade the confederates to consent to it , was so unusual , and so suspicious a method , that it might naturally make them believe , that france spake to them by our mouth , and for that reason , if there hath been no other , might hinder the accepting it ; and so little care hath been taken to cure this , and other jealousies the confederates may have entertain'd , that quite contrary , their ministers here every day take fresh alarms , from what they observe in small as well as greter circumstances ; and they being apt both to take and improve apprehensions of this kind , draw such inferences from them , as make them entirely despari of us . thus we uow stand , far from being innocent spectators of our neighbours ruine , and by a fatal mistake foregetting what a certain forerunner it is to our own ; and now it 's time our trimmer should tell something of his opinion , upon this present state of things abroad ; he first professeth to have no biass , either for or against france , and that his thoughts are wholly directed by the interest of his own country ; he alloweth , and hath read that spain used the same methods , when it was in its height , as france doth now , and therefore 't is not partiality that moveth him ; but the just fear which all reasonable men must be possess'd with , of an overgrowing power ; ambition is a devouring beast , when it hath swallow'd one prince , instead of being cloyed , it hath so much the greater stomach to another , and being fed , becometh still the more hungry ; so that for the confederates to expect a security from any thing but their own strength , is a most miserable fallacy ; and if they cannot resist the incroachments of france by their arms , it is in vain for them to dream of any other means of preservation , it will have the better grace , besides the saving so much blood and ruine , to give all up at once ; make a present of themselves , to appease this hungry stomach , rather than be whipser'd , flatter'd , or cozened out of their liberties ; nothing is so soft as the first applications of a greater prince , to engage a weaker , but that pleasing countenance is but a vizard , it is not the true face , for as soon as their turn is serv'd , the courtship flyeth to some other prince or state , where the same part is to be acted , leaveth the old mistaken friend , to neglect and contempt , and like an insolent lover to a cast off mistress , reproacheth even with that infamy , of which he himself was the author . sweden , bavaria , ●alatine , &c. may by their fresh examples , teach other princes what they are reasonably to expect , and what snakes are hid under the flowers the crown of france so liberally throws upon them , whist they can be useful : the various methods and deep riddles , with the differing notes in several countries , do not only give suspicion , but assurance that every thing is put in practice , by which the universal monarchy may be obtained : who can reconcile the withdrawing of his troops from luxenburgh , in consideration of the war in hungary , which was not then declar'd , and presently after encouraging the turk to take vienna , and consequently to destroy the empire . or who can think that the prosecution of the poor protestants of france , will be accepted of god , as an attonement for hazarding the loss of the whole christian faith ? can he be thought in earnest , when he seen'd afraid of the spaniards , and for that reason must have luxenburgh , and that he cannot be fafe from germany , unless he is in possession of strasburgh ? all injustice and violence must in it self be grievous , but the aggravations of supporting them by false arguments , and insulting reasons , hath something in it yet more provoking , than the injuries themselves ; and the world hath ground enough to apprehend , from such a method of arguing , that even their senses are to be subdu'd as well as their liberties . then the variety of arguments used by france , in several countries is very observable : in england and denmark , nothing instill'd , but the greatness and authority of the crown ; on the other side , the great men in poland are commended , who differ in opinion with the king , and they argue like friends to the priviledge of the dyet , against the separate power of the crown : in sweden they are troubled that the king should have chang'd something there of late , by his single authority , from the ancient and settled authority and constitutions ; at ratisbone , the most christian majesty taketh the liberties of all the electors , and their estates , into his immediate protection , and telleth them the emperour is a dangerous man , an aspiring hero , that would infallibly devour them , if they were not at hand to resist him on their behalf ; but above all in holland , he hath the most obliging tenderness for the common-wealth , and is in such disquiets , lest it should be invaded by the prince of orange , that they can do no less in gratitude , than destroy themselves when he biddeth them , to see how sensible they are of his excessive good nature ; yet in spight of all these contradictions , there are in the world such refin'd states-men , as will upon their credit affirm the following paradoxes to be real truth ; first that france alone is sincere and keepeth its faith , and consequently that it is the only friend we can rely upon ; the king of france , of all men living , hath the least mind to be a conquerour ; that he is a sleepy , tame creature , void of all ambition , a poor kind of a man , that hath no farther thoughts than quiet ; that he is charm'd by his friendship to us , that it is impossible he-should ever do us hurt , and therefore tho' flanders was lost , it would not in the least concern us ; that he would fain help the crown of england to be absolute , which would be to take pains to put it into a condition to oppose him , as it is , and must be our interest , as long as he continueth in such an overballancing power and greatness . such a creed as this once receiv'd , might prepare our belief for greater things , and as he that taught men to eat a dagger , began first with a penknife ; so that if we can be prevail'd with to digest the smaller mistakes , we may at last make our stomachs strong enough for that of transubstantiation : our trimmer cannot easily be converted out of his senses by these state sophistries , and yet he hath no such peevish obstinacy to reject all correspondence with france , because we ought to be apprehensive of the too great power of it ; he would not have the kings friendship to the confederates extended to the involving him in any unreasonable or dangerous engagements , neither would he have him lay aside the consideration of his better establishment at home , and of his excessive zeal to serve his allies abroad ; but sure there might be a mean between these two opposite extreams , and it may be wish'd that our friendship with france may be so bounded , that it may consist with the humour as well as the interest of england . there is no woman but hath the fears of contracting too near an intimacy with a much greater beauty , because it exposeth her too often to a comparison that is not advantagious to her ; and sure it may become a prince to be as jealous of his dignity , as a lady can be of her good looks , and to be as much out of countenance , to be thought an humble comparison to so much a greater power ; to be always seen in an ill light , to be so darkned by the brightness of a greater star , is somewhat mortifying ; and when england might ride admiral at the head of the confederates , to look like the kitchinyatch to the grand louis , is but a scurvy figure for us to make in the map of christendom ; it would rise upon our trimmer's stomach , if ever ( which god forbid ) the power of calling and intermitting parliaments here , should be transferred to the crown of france , and that all the opportunities of our own settlements at home should give way to their designs abroad ; and that our interest should be so far sacrific'd to our compliance , that all the omnipotence of france can never make us full amends for it . in the mean time , he shrinketh at the dismal prospect he can by no means drive away from his thoughts , that when france hath gather'd all the fruit arising from our mistakes , and that we can bear no more with them , they will cut down the tree and throw it into the fire ; all this while , some superfine states-men , to comfort us , would fain perswade the world that this or that accident may save us , and for all that is or ought to be dear to us , would have us to rely wholly upon chance , not considering that fortune is wisdoms creature , and that god almighty loveth to be on the wisest as well as the strongest side ; therefore this is such a miserable shift , such a shameful evasion , that they would be laught to death fot it , if the ruining consequence of this mistake did not more dispose men to rage , and a detestation of it . our trimmer is far from idolatry in other things , in one thing only he cometh near it , his country is in some degree his idol ; he doth not worship the sun , becanse 't is not peculiar to us , it rambleth about the world , and is less kind to us than others ; but for the earth of england , tho' perhaps inferiour to that of many places abroad , to him there is divinity in it , and he would rather dye , than see a piece of english grass trampled on by a foreign trespasser : he thinks there are a great many of his mind , for all plants are apt to taste of the soyle in which they grow , and we that grow here , have a root that produceth in us a stalk of english juice , which is not to be changed by grasting or foreign infusion ; and i do not know whether any thing less wilp prevail , than the modern experiment , by which the blood of one creature is transmitted to another , according to which , before the french be let into our bodies , every drop of our own must be drawn out of them . our trimmer cannot but lament , that by a sacrifice too great for one nation to make another , we should be like a rich mine , made useless only for want of being wrought , and that the life and vigour which should move us against our enemies is miserably apply'd to tear our own bowels , that being made by our scituation , not only safer , but if we please greater too , than countries which far exceed us in extent ; that having courage by nature , learning by industry , riches by trade , we should corrupt all these advantages so as to make them insignificant , and by a satality which seemeth peculiar to us , misplace our active rage one against another , whilst we are turn'd into statues on that fide where iyeth out greatest danger ; to be unconcern'd not only in our neighbours ruim ; but our own , and let our island lye like a great hulk in the sea , without rudder or sail , all the men cast away in her , or as if we were all children in a great cradle , and rockt asleep to a foreign tune . i say our trimmer representeth to his mind , our roses blasted and discolour'd , whilst the lillies triumph and grow insolent , upon the comparison ; when he considereth our own flourishing harvest now withered and dying , and nothing left us but a remembrance of a butter part in history , than we shall make in the next age ; which will be no more to us than an escutcheon hung upon our door when we are dead ; when he foreseeth from hence , growing infamy from abroad , confusion at home , and all this without the possibility of a cure , in respect of the voluntary fetters good men put upon themselves by their allegiance , without a good measure of preventing grace , he would be tempted to go out of the world like a roman philosopher , rather than endure the burthen of life under such a discouraging prospect : but mistakes , as all other things , have their periods , and many times the nearest way to cure , is not to oppose them , but stay till they are crusht with their own weight , for nature will not let any thing to continue long that is violent ; violence is a wound , and as a wound , must be curable in a little time , or else 't is mortal ; but a nation cometh near to be immortal , therefore the wound will one time or another be cured , tho' perhaps by such wrong methods , if too long forborn , as may even make the best remedies we can prepare , to be at the same time a melancholly contemplation to us ; there is but one thing ( god almighties providence excepted ) to support a man from sinking under these afflicting thoughts , and that is the hopes we draw singly from the king himself , without mixture of any other consideration . tho' the nation was lavish of their kindness to him at his first coming , yet there remaineth still a stock of warmth in mens hearts for him . besides the good influences of his happy planet are not yet all spent , and tho' the stars of men past their youth are generally declining , and have less force , like the eyes of decaying beauties , yet by a blessing peculiar to himself , we may yet hope to be sav'd by his autumnal fortune : he hath something about him that will drawdown a healing miracle for his and our deliverance ; a prince which seemeth fitting for such an offending age , in which mens crimes have been so general , that the not forgiving his people hath been the destroying of them , whose gentleness gives him a natural dominion that hath no bounds , with such a noble mixture of greatn●ss and condeseention , an engaging look , that disarmeth men of their ill humours , and their resentments , something in him that wanteth a name , and can be no more defin'd than it can be resisted ; a gift of heaven , of its last finishing , where it will be peculiarly kind ; the only prince in the world that dares be familiar , or that hath right to triumph over those forms which were first invented to give awe to those who could not judge , and to hide defects from those that could ; a prince that hath exhausted himself by his liberality , and endanger'd himself by his mercy ; who out-shineth by his own light and natural virtues all the varnish of studied acquisitions ; his faults are like shades to a good picture , or like allay to gold , to make it the more useful , he may have some , but for any man to see them through so many reconciling virtues , is a sacrilegious piece of ill nature , of which no generous mind can be guilty ; a prince that deserveth to be lov'd for his own sake , even without the help of a comparison ; our love , our duty , and our danger , all join to cement our obedience to him ; in short , whatever he can do , it is no more possible for us to be angry with him , than with a bank that securesh us from the raging sea , the kind shade that hideth us from the scorching sun , the welcome hand that reacheth us a reprieve , or with the angel , that rescueth our souls from the devouring jaws of wretched eternity conclusion . to conclude , our trimmer is so fully satisfy'd with the truth of these principles , by which he is directed , in reference to the publick , that he will neither be pall'd and threatned , laught , nor drunk out of them ; and instead of being converted by the arguments of his adversaries to their opinions , he is very much confirm'd in his own by them ; he professeth solemnly that were it in his power to chuse , he would rather have his ambition bounded by the commands of a great and wise master , than let it range with a popular license , tho' crown'd with success ; yet he cannot commit such a sin against the glorious thing call'd liberty , nor let his soul stoop so much below it self , as to be content without repining to have his reason wholly subdu'd , or , the priviledge of acting like a sensible creature , torn from him by the imperious dictates of unlimited authority , in what hand soever it happens to be plac'd ; what is there in this that is so criminal , as to deserve that penalty of that most singular apothegme , a trimmer is worse than a rebel ? what do angry men ail to rail so against moderation , doth it not look as if they were going to some very scurvy extreme , that is too strong to be digested by the more considering part of mankind ? these arbitrary methods , besides the injustice of them , are ( god be thanked ) very unskilful too , for they fright the birds by talking so loud from coming into the nets that are laid for them ; and when men agree to rifle a house , they seldom give warning , or blow a trumpet ; but there are some small states-men , who are so full charg'd with their own expectations , that they cannot contain . a kind heaven sending such a seasonable curse upon their undertakings , hath made their ignorance an antidote against their malice ; some of these cannot treat peacebly , yielding will not satisfy them , they will have men by storm ; there are others , that must have plots , to make their service more necessary , and have an interest to keep them alive , since they are to live upon them ; these men will perswade the king to retrench his own greatness , so as to shrink into the head of a party , which is the betraying him into such an unprincely mistake , and to such a wilful diminution of himself , that they are the last enemies he ought to allow himself to forgive ; such men if they could , would prevail with the sun to shine only upon them and their friends , and to leave all the rest of the world in the dark ; this is a very unusual monopoly , and may come within the equity of the law , which maketh it treason to imprison the king , when such unfitting bounds are put to his favour , and confin'd to the narrow limits of a particular set of men , that would inclose him ; these honest and only loyal gentlemen , if they may be allow'd to bear witness for themselves , make a king their engine , and degrade him into a property at the very time that their flattery would make him believe they paid down worship to him ; besides these there is a flying squadron on both sides , that are afraid the world will agree , small dablers in conjuring , that raise apparitions to keep men from being reconcil'd , like wasps that fly up and down , buz and sting to keep men unquiet ; but these infects are commonly short-liv'd creatures , and no doubt in a little time mankind will be rid of them ; they were gyants at least who fought once against heaven , but for such pigmies as these to contend against it , is such a provoking folly , that the insolent bunglers ought to be laught and hist out of the world for it ; they should consider there is a soul in that great body of the people , which may for a time be drowzy and unactive , but when the leviathan is rouz'd , it moveth like an angry monster , and will neither be convinc'd nor resisted ; the people can never agree to shew their united powers , till they are extreamly tempted and provoked to it , so that to apply cupping glasses to a great beast dispos'd to sleep , and to force that same thing whether it will or no to be valiant , must be learnt out of some other book than machiavil , who would never have prescrib'd such a preposterous method ; it is to be remembred , that if princes have law and authority on their sides , the people on theirs may have nature which is a formidable adversary ; duty , justice , religion , nay , even humane prudence too biddeth the people suffer any thing rather than resist ; but uncorrected nature , where e're it feeleth the smart will come to the nearest remedy , mens passions in this case are to be consider'd as much as their duty , let it be never so strongly enforc'd , for if their passions are provoked , they being so much a part of us as our limbs , they lead men into a short way of arguing , that admitteth no distinction , and from the foundation of self defence , they will draw inferences , that will have inseparable effects upon the quiet of a government . our trimmer therefore dreadeth a general discontent , because he thinks it differs from a rebellion , only as a spotted fever does from the plague , the same species under a lower degree of malignity ; is worketh several ways , sometimes like a slow poyson that hath its effects a great distance from the time it is given , sometimes like dry flax prepated to catch at the first fire , or like seed in the ground ready to sprout upon the first shower ; in every shape 't is fatal , and our trimmer thinketh no pains or precaution can be so great as to prevent it . in short , he thinketh himself in the right , grounding his opinion upon the truth , which equally hateth to be under the oppressions of wrangling sophistry of the one hand , or the short dictates of mistaken authority on the other . our trimmer adoreth the goddess truth , tho' in all ages she hath been scurvily used , as well as those that worshipped her ; 't is of late become such a cozening vertue , that mankind seems to be agreed to shun and avoid it ; yet the want of practice which repealeth the other laws , hath no influence upon the law of truth , because it hath root in heaver , and an intrinsick value in it self , that can never be impaired ; she sheweth her greatness in this , that her enemies when they are successful are asham'd to own it ; nothing but power full of truth hath the prerogative of triumphing , not only after victories , but in spite of them , and to put conquest her self out of countenance ; she may be kept under and supperst , but her dignity still remaineth with her , even when she is in chains ; falsehood with all her impudence , hath not enough to speak ill of her before her face , such majesty she carrieth about her , that her most prosperous enemies are fain to whisper their treason ; all the power upon earth can never extinguish her , she hath lived in all ages ; and let the mistaken zeal of prevailing authority , christen any opposition to it , with what name they please , she makes it not only an ugly and unmannerly , but a daugerous thing to persist ; she hath lived very retired indeed , nay sometime so buried , that only some sew of the discerning part of mankind could have a glimpse of her ; with all that she hath eternity in her , she knows not how to dye , and from the darkest clouds that shade and cover her , she breaketh from time to time with triumph for her friends , and terrour for her enemies . our trimmer therefore inspired by this divine vertue , thinks fit to conclude with these assertions , that our climate is a trimmer , between that part of the world where men are roasted , and the other where they are frozen ; that our church is a trimmer , between phrenzy of platonick visions , and the lethargick ignorance of popish dreams ; that our laws are trimmers , between the excess of unbounded power , and the extravagance of liberty not enough restrained : that true vertue hath ever been thought a trimmer , and to have its dwelling in the middle between the two extreams ; that even god almighty is divided between his two great attributes , his mercy and his justice . in such company , our trimmer is not asham'd of his name , and willingly lea veth to the bold champions of either extream , the honour of contending with no less adversaries , than nature , religion , liberty , prudence , humanity , and common sense . finis . by the king, a proclamation requiring the members of both houses of parliament to attend at the time prefixed by the prorogation, being the fourteenth day of february next england and wales. sovereign ( - : charles ii) approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing c estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) by the king, a proclamation requiring the members of both houses of parliament to attend at the time prefixed by the prorogation, being the fourteenth day of february next england and wales. sovereign ( - : charles ii) charles ii, king of england, - . broadside. printed by the assigns of john bill and christopher barker ..., in the savoy [i.e. london] : . "given at our court at whitehall the d day of december, ." reproduction of original in the guildhall, london library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng great britain -- history -- charles ii, - . great britain -- politics and government -- - . - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion c r diev et mon droit honi soit qvi mal y pense royal blazon or coat of arms by the king. a proclamation requiring the members of both houses of parliament to attend at the time prefixed by the prorogation , being the fourteenth day of february next . charles r. the kings most excellent majesty having prorogued the parliament to the fourteenth day of february now next coming , with a full purpose and resolution to keep to that time , and being desirous also for weighty considerations , to have then a full assembly of the members of parliament : his majesty therefore ( with the advice of his privy council ) hath thought fit to declare and publish , and doth hereby declare and publish his said resolution , and also by this his proclamation doth require all and every the peers of this realm , and all and every the knights , citizens and burgesses of the house of commons , to give their attendance at westminster on the said fourteenth day of february next precisely : wherein his majesty doth expect a ready conformity to this his royal will and pleasure . given at our court at whitehall the d day of december , . god save the king. in the savoy , printed by the assigns of john bill and christopher barker , printers to the kings most excellent majesty . . an answer of a minister of the church of england to a seasonable and important question, proposed to him by a ... member of the present house of commons viz. what respect ought the true sons of the church of england ... to bear to the religion of that church, whereof the king is a member? cartwright, thomas, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing c estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) an answer of a minister of the church of england to a seasonable and important question, proposed to him by a ... member of the present house of commons viz. what respect ought the true sons of the church of england ... to bear to the religion of that church, whereof the king is a member? cartwright, thomas, - . a. b. p. printed for j.l. and are to be sold by most booksellers in london and westminster, london : . attributed to thomas cartwright. cf. nuc pre- . signed: a.b. reproduction of original in huntington library. marginal notes. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng church and state -- england. great britain -- politics and government -- - . - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - john pas sampled and proofread - john pas text and markup reviewed and edited - pfs batch review (qc) and xml conversion an answer of a minister of the church of england , to a seasonable and important question , proposed to him by a loyal and religious member of the present house of commons : viz. what respect ought the true sons of the church of england , in point of conscience and christian prudence , to bear to the religion of that church , whereof the king is a member ? if it be possible , and as much as in you lies , live peaceably with all men. rom. xii . . london , printed for j. l. and are to be sold by most booksellers in london and westminster . . answer of a minister of the church of england , to a seasonable and important question , propos'd to him by a loyal and religious member of the present house of commons . sir , the support and security of the government , as now by law establish'd , both in church and state , is so publick a good , that all good christians and subjects , within these kingdoms , are oblig'd to open their veins and purses for it ; and , à fortiori , to open their mouths , and put their pens to paper for it , in a time of trial. and since you are pleas'd to condescend so far , as to ask my poor private judgment , as if you meant to rely upon it , in a case of such publick importance , i will save you and my self the trouble of any apology , and trust to your candor , and my own good intentions , in setting down what i judge to be your's , and my duty in all sincerity , ( which god knows i have done ; ) and leave to him and you the pardoning of my errors ; which i hope you will at least cover from being any common nuisance to others , or any private damage to my self . you are alwaies pleas'd to allow me as much freedom in writing as in thinking ; and therefore i do the more freely pour my indigested thoughts into your bosom , as well to ease my own mind , as to understand what your's will be of the whole matter ; for i am sensible , that the commands you have laid upon me , are rather directed to try my obedience , than to supply want of information in any point , which concerns your duty to god or the king : and therefore i must rather expose my own real desects , than not endeavour to supply your imaginary ones ; who will be alwaies , as much as i can , though not so much as i ought to be , your servant . they , who least consider hazzard in the doing of their duty fare best still : mens tongues are their own ; nor is it in your power or mine , to prescribe what shall be spoken for or against us , by them who make all men papists , who are not schismaticks ; nor will they ever believe us far enough from rome , unless we will bear them company to geneva . but we have not so learned christ : we have been taught how to govern our selves , both towards papal and popular supremacy , and to give unto caesar the things which are caesar's , and to god the things that are gods. what i now speak , in this paper , is , i am sure , to a wise man ; judge you what i say . now , first , sir , give me leave to premise , that a case of conscience , and a case of prudence , are not alwaies the same case ; and therefore would require more than one resolution ; they seem to differ just as much , as what is lawful and what is expedient . terms that often meet together , may eidem competere , but are not convertible , and very often cannot de eodem affirmari . some things that are lawful may not be expedient ; and some things have of late years ( as you well remember ) been thought expedient ( as the black-bill of exclusion ) which you , and i knew to be unlawful ; and tho the calling it christian prudence do distinguish it from that , and such-like vnchristian projects of some state-politicians , and suppose it only conversant about things lawful ; yet still there is a difference between what i ought , and must , as bound in conscience to do , that i may approve my self an honest man , and a good subject ; and what i may or should do at this juncture , to prove my self a discreet and prudent man : if i do not the former , i sin both against god and the king ; if not the latter , i do not sin mortally , though i act foolishly ; which will prove the case of very many , whom it will be hard for you or me to make so wise as they should be , because they conceit themselves to be wise enough already . prudence is not only a moral but a christian vertue , and such as is necessary to the constituting of all others , nec religio ulla sine sapientia suscipienda est , nec ulla sine religione probanda sapientia : without prudence our very zeal for the church of england , would prove but a kind of pious phrenesy : for though our intentions to preserve it , were never so justifiable , or commendable ; yet if we did not prudently choose appropriate means for the attainment of that good end , we should undermine the thing , which we would have established , and defeat our own aims ; for a good intention will never alter the nature of an ill action : we must therefore have our eyes in our heads , that we be not practis'd upon , to our own , or the churches ruine ; and be sure to judge of the things in question , according to truth and charity : non ex eo quod est fallimur , sed ex eo quod non est ; we are not cheated with realities , but with disguises and appearances of things ; with those counterfeit shapes which our selves or others have given them : sapiens est , cui res sapiunt , ut sunt , he is a prudent man to whom things savour , and relish as they are . who can abstract the ill that may be , from the good that appears to be , and sever the colour from the thing . wise men cannot be content to be abus'd with vmbrages ; they will consider first , what is just and honest , and then what is sit , decent and advantageous ; they will first argue the matter , in point of conscience , what is lawful ; both for the church's interest and their own ; and then in point of prudence , what is advisable ; that so in the conclusion they may please both god and the king. and accordingly , i suppose the meaning of your inquiry to be , what respect the true sons of the church of england may , salvâ conscientiâ , ( and therefore , as things now stand , must , and ought ) in prudence to bear to the religion , of that church , whereof the king is a member ? towards the stating and resolving of which question , 't will , perhaps , not be impertinent to mention what is meant by the king's religion , and who , by the true sons of the church of england , and what sort of respect or honour it may justly challenge from them , at this time especially . for when there is any , though but little difficulty or ambiguity in the terms , it is sit they should be explained ; nor may one presume , that they are generally understood aright , because they are , by some . the roman catholick religion is capable of magis and minus ; has degrees of better and worse : there is a court , as well as churh of rome ; and 't will not be impertinent to ask , of which it is we speak in this case ? because the determining that , will very much influence the respect here inquir'd of ; and we see that the most , the best , and the truest sons of the church of england , have more kindness and respect for one sort than another . 't is fit , likewise , that the meaning of the true sons of the church of england should be adjusted ; and that the rather , because the world was very lately so shamefully impos'd on by the equivocal signification of true protestants ; and we know not , but there may be still some of that illegitimate and spurious off-spring maintain'd under the disguise of the true sons of the church of england ; of whom both the father of our country , and our mother-church have reason to be ashamed . by a true son of the church of england , i mean one , who gives his assent and consent unfeignedly to the doctrines of the church , contained in the thirty nine articles and homilies , as they were received and expounded in the time of king charles the martyr , and in the book of common-prayer ; and who is truly conformable to the worship and discipline of the same , ( as far as he is or may be concern'd , ) contained in her injunctions , canons and rubricks ; one who as strictly observes the fasts and festivals of the church , as they are solemnly bid , and the lawful commands of the ordinary . which sons of the church , may be also consider'd as clergy or lay-men ; and these again as private-men , or magistrates , and members of parliament , ( as you your self are ; ) whom though i am not sit to advise or instruct when you sit on that bench ; yet whilst you are yet at your country house , you have given me no reason to question , but that my counsel , as mean as it is , will challenge its welcome . non tantus ego sum ut vos alloquar ; veruntamen & gladiatores persectissimos , non tantum magistri , sed etiam idiotae adhortantur de longinquo , ut saepe de ipso populo dictata suggesto profuerint ; ) for according to these differences of orders and degrees , a different respect will be expected from them , in the present case of our debate . lastly , we must consider what it is , to respect and honour the king and his religion , and in what this honour consists . and this is either internal or external ; the former consists in a due esteem of the person and thing so honoured and respected ; and the latter in a suitable external behaviour towards them ; and both the one and the other are to be paid to the king ; both the internal , by maintaining an high esteem of him in our hearts ; and the external , by behaving our selves so , as may best express that i●ward esteem we have of him , and propagate it in others , with whom we converse : for our most gracious prince may justly require of us , as saul did of samuel , that we should honour him before the people ; for as kings are gods by deputation , so are they in some sense to be honoured as god ; and accordingly , as we are to honour god , whether we eat or drink or whatsoever we do , by doing all to his glory ; that is , so as to beget in others the highest esteem of him , and such as becomes his transcendent glory ; so must we honour his vicegerent , by doing all things , which we lawfully may , without intrenching upon god's honour , for the king's glory , whereby we may beget and propagate in others , such an high esteem of him , both as a christian and prince ; such a due veneration of his royalty and religion , as becomes his supreme dignity and his christian vertues . the terms of the question being thus distinguish'd and explain'd , i proceed to give a distinct answer to the same , in these following conclusions . st . every man , of what rank or order soever , is bound in conscience to keep close to the religion which he verily believes to be true , which the question it self supposes . there always have been , there are , and there ever will be differences in our judgments , till there be none in the faces of men ; only let them be sincere , innocent and inoffensive ; which they will then be , when our conversations are all of a piece , and we delight to serve the will of god entirely and sincerely , and to attend upon his providence without any reluctancy or disturbance , so as to bring our wills and all our actions , ends and designs into a compliance with it , duly considering that we came into this world by god's appointment , not to do our own wills , but the will of him that sent us . when we devote our selves to the will of god , as far as he has reveal'd it to us , to serve it faithfully and entirely , and rest well satisfied with the wisdom of his proceedings , who determines all things by an eternal rule of goodness , we enroll our selves in eternity : for as gods kingdom is set up , so may the devil's kingdom be pull'd down , without the noise of axe and hammers . we may then attain to the greatest atchievements against the gates of death and hell , when we most of all possess our own souls in patience , and collect our minds into the most peaceable compos'd and united temper . the motions of true practical religion are like that of the heavens , as silent as they are swift : though the motions of grace are perpetual , yet are they soft and gentle , and it acts most powerfully in them , in whom it acts most peaceably . every person who owns any , pretends it to be the true religion , like brutus and cassius , vbicunque ipsi essent , praetexebant esse rempublicam ; they will allow none to be the true church , but that of which they are members ; and they will have the gates of heaven to be open'd to none but themselves ; and allow no wedding garment , but such as is of their own spinning : ma●unt nullam habere quam non suam , they had rather there should be no religion professed in the world , than that their own should not take place ; and therefore a man had need count doctrines and opinions as well as money after his father ; and if he do so , he will find many of these ( though never so fair without ) to be counterfeit within : and that whilst one is of paul , and another of apollo , and a third of cephas , there are but few of christ : that these distractions in religion are the destruction of it , and that the conscionable part , which is the life of all true religion , is lost in the controversies of it . when there is no mind of yielding on either side , there will be no end of disputes , but galling one another , of which the apostle justly complains , and perswades us rather to forbear , and forgive one another , as becomes the disciples of the prince of peace . why should we shew so much violence in these points , of which we can have no certain evidence ? they are not christians of a sound constitution , who labour under such fits of unnatural zeal ; nor have they their conversation in heaven : for this is not to follow peace with all men , and holiness ; without which none shall see god ; who searches the secrets of the hearts , and loves weak sincerity better than strong hypocrisy ; which is the original of all such vnchristian heats . every man , as well the prince as the subject , is bound to stand up in his own way , for the defence of that religion , which he verily believes to be true. and when the foundations of faith are shaken , either by superstition or prosaneness , he who puts not out his hand , as firmly as he can ( with justice and charity ) to support it , is too wary , and may come to be condemn'd at the last day , for his neutrality , and for having more care of himself than of the cause of christ ; and it may prove a wariness , which , in the end , will bring more danger than it shuns . we think our selves therefore oblig'd to lay aside the rule of a late philosopher of our own country ; that every prince is god's interpreter , ( and so consequently , that his religion ought to be ours : ) for except contradictions could at the same time be true , it would make god the author of all the religions in the world , of which there are many so called , which are neither pure nor vndesiled : but the enquiry is , saving our own integrity , and walking humbly and vprightly with god , who hates juggling , and playing fast and loose , concerning a sort of brotherly forbearance and good manners ; ( to which christ was never thought to be an enemy . ) let us seriously consider , what shall be done to that religion , which the king desires to honour , and which he embraces , as the best in his judgment . to which i answer , dly . that the true sons of the church of england , of what quality or degree soever , ought not to have a less respect for the king , for being of another church or religion ; because , as dominion is not founded in grace , so neither is our duty grounded upon having a religion common , both to the king and his subjects . neither will it suffice to say , that though we cannot pay him the same high respect that we would , if he were of our church and faith ; yet we will still be loyal : for this high respect is a main part of the thing ; and as fast as this lessens and cools , the remainder of loyalty will proportionably grow fainter , as to its outward exercise . and if religion be once set up against loyalty , they will both be spoil'd . though the prince be of one religion , and the people of another , yet he will be gracious if they are loyal ; and they may live very quietly together , if they do their duty to god and him. the elector of brandenburgh is himself a strict calvinist , and most of his subjects lutherans ; and a late duke of zell was a papist , and his subjects of the reform'd religion ; and yet liv'd in all love and concord , as we may do , i am sure , in this kingdom , better than any people in the world , if we are not wanting to our selves . and therefore he is neither a good christian nor subject ; who does not do all things that are lawful and honest , which his sovereign expects or requires , with all alacrity and respect , without murmuring , disputing or repining : or who would limit his prince's pleasure where god hath not done it ? 't is no good religion , whose principles destroy any duty of religion , or give any disturbance to the government , or alienate the hearts of his subjects from the supreme governor . ours , i am sure , will not suffer it ; nor matters it , what religion any man is of , that is a rebel . the opinion of his sect will neither satisfie the state , nor save his soul. whatsoever is peevish , disrespectful , vnthankful , or dispising of dignities , is against the form of sound doctrine , which christ and his apostles have taught us . lex christiana neminem suo jure aut dominio privat , non eripit mortalia , qui regna dat coelestia . and our law is as clear as god's in this point ; nemo de factis suis praesumat disquirere , multò minus contra sactum suum venire , saith the learned bracton , who was lord-chief-justice twenty years under henry iii. and therefore 't is no new law of new judges , of a popish prince's putting in , but the old law of england . nullus est qui ab eo factorum aut rationes exigere possit , aut poenas . 't is not tyranny , infidelity , heresy , or apostacy , that can discharge the subject's duty to his prince ; as we are truly instructed in that excellent book , which was formerly , and ought still to be read in our publick schools , called deus & rex . neither priest nor people must lessen their respects to the king , upon these , or any other pretences whatsoever . the deportment of the saints of god towards the persons of princes , was always humble , and their behaviour respectful . nathan the prophet bow'd his face to the ground before david ; the mitre always stoop'd to the crown : and when the prince sits on his throne , the prophet himself must lie at his footstool : nay when princes were themselves vnholy , the saints of god shew'd them all respects imaginable ; not as sinners , but as sovereigns . saul was none of the best of princes to any , especially to david , ( to whom he could never afford a good word ) and yet david calls him my lord the king : and that not out of flattery and courtship , but of loyalty and duty : nor had he behav'd himself like a saint , nor a man after god's own heart , if not like a subject , and been afraid to speak evil of dignities ; the worst of which , even pharaoh himself , was of god's raising up , and ought to be to his subjects as an angel of god , in mephibosheth's judgment : nay the immortal king calls them mortal gods. i have said ye are gods ( tho devils in practice ; ) they are fountains and objects of honour ; nero as well as augustus , julian as well as constantine ; not as holy ( for dominion is not founded in grace ) but as supreme ; not for their goodness , but for their greatness ; for they are at worst more worth than ten thousand of us : they are the lord-treasurers of heaven , put in places of more trust and honour than other men ; they arc intrusted with our estates , liberties and lives , with our religion and souls ; they are the churches nursing-fathers , and god's vicegerents , his prime ministers : and who may say to them , what do'st thou ? 't is not who dares say , but who may lawfully or ought to do it , with impunity ? for so elihu interprets it . is it sit to say to a king , thou art wicked , and to princes , ye are vngodly ? it is not only unsafe , in respect of the danger , but it is an unsanctified and sinful saying ; it is damnable and next to blasphemy ; 't is a wickedness against god , and a wound to our own souls . let the powers set over us be what they will , we must suffer them , and not attempt to right our selves . and therefore tertullian boasts with confidence , that when pescenius niger in syria , and clodius albinus in france and brittany , rebell'd against septimius severus ( a bloody and cruel emperor , ) and pretended piety and publick good , yet none of the christians joyn'd with either . the thebaean legion , in the eighteenth year of dioclesian , suffered themselves to be cut in pieces every man , . in number , by maximianus the emperor : no man in that great advantage of number , order and provocation , listing up their hands except it were in prayers : and the christians under julian ( tho an apostate from his religion ) had arms for him , but none against him ; though he brought the commonwealth it self , as well as the church in danger . the only diversion they gave to his damnable counsels , and deligns , was their prayers and tears ; which as it was st. paul's , faith , is still an article of the christian religion , to which great truth and duty none hath born , or ever will bear , g●●●●●● ●●st●mony than the church of england . no man of any learning or religion , in her communion , will ever say or do any thing against the honour or interest of his prince ; for it is god's power in the supreme magistrate , be it good or bad : and therefore whosoever rebels against him , rebels against the power and dispensation of god ; if he use the power for destruction , which was given him for edification , i have nothing to do , but something to suffer ; let god take care , if he please : we had better suffer inconveniencies from one , than from every one . religion without mixaures of ambition and interest , works no violent effects on the state ; and therefore , when the jewish empire was destroyed , and they were carried captive into babylon , god commanded them to seek the peace of the city , whither he had caused them to be carried captives , and to pray unto the lord forit , for in the peace thereof shall ye have peace ; i. e. they were to minister to the publick , peace as subjects and servants , by paying a chearful obedience to the commands of the king of babylon , and observing his laws , though contrary to their own . there was no law of the romans by which christ could have been put to death , and yet he suffered patiently and threatned not , leaving us an example that we should follow his steps : and accordingly the primitive christians took their lives in their hands , to fight the battles of pagan and tyrannical emperors , and patiently laid them down at last , rather than make or countenance any resistance against them ; and if ever we learn purity of doctrine or innocency of life , it must be from them , and from the councils of the church , who for twelve hundred years , taught no other doctrine . tertullian prayed for domitian , as great a tyrant as he was , that god would give him a long life , secure empire , stout armies , faithful senators , and all that his heart could wish . they were subject to their temporal lords , and honoured them for his sake , who was their eternal . and he who hath read cardamus's encomium neronis will find , that the worst of princes do much more good than harm ; and that none of them ever endeavoured the destruction of their own subjects ; and yet if they did , and the people should be vex'd into the sin of rebellion , by such a temptation bigger than their strength , it may be , god would cut him off , and yet punish the people for their rebellion too . as the prince does not get his authority over us by his vertue , so neither can he lose it by his vice ; he does not rule precariously over us , but by the gift und grace of god. god alone is the supreme lord and governor of our consciences , in all cases ; and to pretend his authority for disobeying our governors , when we have it not , is like counterfeiting the king 's broad seal to justifie a rebellion : nor is it any sign of a good conscience to censure others , especially our superiors , for a bad one . but alas we have too much reason to complain , that christian religion is fallen from this its primitive purity , and made to favour that , which it formerly look'd upon as capital , and to deserve no better wages , than death ; its sacred name is now applyed to every humour , is not to every sin , which will be a crime more unpardonable in us , than in any people under the sun ; for god hath given our king an imperial crown , and a head sit to wear it ; a sword and scepter , and an hand sit to manage them ; and which is the greatest blessing of all , a gracious heart , inclinable to do his subjects all the good they will suffer him to do ; his piety and pity are equal to his power , and his throne is established in righteonsuess : he hath been long afflicted himself , and is not now to learn how to pity his afflicted subjects ; he know what it was to bear the cross before ever he came to wear the crown ; he hath selt the smart of the rod upon his own back , and the more he hath been injured and oppressed himself , the readier is he to pardon others , and the more unwilling to punish them with severities , whom he judges to be of truly tender consciences ; and why should we like his throne the worse , for being the seat of mercy ? god , to his own glory , and our comfort hath miraculously preserv'd him from his and our enemies ; let him not complain , that he is wounded in his honour , even in the house of his friends . it will not legitimate an ill word or action , though it should happen to be spoken or committed in defence of the truth , christ would not suffer st. peter to violate the magistrate's authority , in wounding one of his officers , no not to guard him , who was truth it self ; he applauds not his zeal , but reprehends his rashness . god needs not our sins to serve his concerns . i wish those who profess themselves the churches greatest votaries , would frequent her prayers daily , and study her articles and doctrines , as much as some of your fellow members do the journals of their house , and then they would soon be satisfied , that though the king should invade our rights ( of which he hath given us no jealousie ) yet would it be no ground for us to invade his , in whom the publick happiness of these his kingdoms does consist ; let us therefore never dispense with our loyalty to serve our worldly ends ; for if honesty and integrity be the best policy , ( as all good men believe it ) our best and most christian course will be , to prefer our duty and conscience before any earthly advantage what soever , in prospect or possession . let the roman catholick religion be represented to you under any frightful circumstances whatsoever ; let me request you to consider nevertheless , that it is not impossible for a good , conscienious and well-meaning man to turn papist . men of good understanding and of great integrity , may as well be deceived as mr. chilling worth was , who once thought that our religion , of the church of england , was not a safe way to salvation , though he died of another and better judgment : and why may not others , as prudent , pious and consciencious men as he , be deceived and misled into popery , by men better skill'd and instructed in the controversies than they are ? they are christians still , though crring ones , and members of the catholick church as well as we ; and can their errors in judgment , which are injurious to none but themselves , forfeit their civil rights ? or those in practice , except they be such as are destructive of humane society ? would not the primitive christians , do you think , have been well contented that their emperors ( if they had been of the same communion of rome ) should , with all of the same communion , have injoyed an uncensur'd use of their religion , and been ready to make addresses of thanks for the peaceable enjoyment of their own ? let the same mind be in you as was in them , and that will adorn your christian profession . we cannot but bewail it as our great calamity , and a just punishment of the last age's disloyalty , which most horridly murder'd the best of kings , at noon-day , before the gates of his own royal palace , and banish'd his royal progeny , and drove them into foreign parts , to seek for that safety from others , which their own unnatural and blood-thirsty subjects would not afford them . that our gracious king was then tempted above measure , and hath since joyn'd himself to the roman church , and lives in the practice of a different worship from us . but since god , in his infinite wisdom , hath permitted it to be so , it is our duty to acquiesce therein , and behave our selves towards him so , as may be most consistent with his honour and our duty , in the present circumstances ; and that the rather , because we may be well assured , that our gracious sovereign had no design nor interest to serve in the changing of his religion , but an eternal one in the saving of his soul. to embrace a religion , when it was decry'd , and kept down by penal laws , is , in the judgment of charity , a great argument of sincerity and christian resolution ; when it was s●culi reatus , the greatest national crime of which he could have been guilty : to embrace a religion when it was every where spoken against , out of fashion , and decry'd : when a man follows christ to hierusalem in triumph , he may be an hypocrite ; but certainly if he follow him to golgotha , as he is going to the cross , you have reason to believe him a sincere disciple . our gracious sovereign's joyning himself at such a time to the church of rome , when it brought his very tule to the crown in question , and made his life insecure and uneasie , was an instance of his , gallant and great soul , and much resembled on the part of the person , the courage of the first christians , who were well aware , that in the very prosession thereof , they bid adieu to worldly interest and tranquillity . this be●ing apparently done out of no lower principle , than the glory of god , and the salvation of his own soul ; though not the deed , yet inslead of it , the sincere will is favourably accepted with god , and should be so with all good men. seeing it is an observation of lactantius and st. augustin concerning a religion infinitely worse , that almighty god was pleased to take kind notice of the honest meanings of those grosly mistaken worshippers ; for though an erroneous conscience could not bind to the act , yet if after all possible due enquiry , it act erroneously , it doth not certainly bind to punishment , god winked at the days of ignorance , especially when accompanied with that integrity of heart , of which god gives such an acquitting character in the case of king abimelech ; and if this were not so , it would go ill with the men of the highest intellectual and moral vertues , who confess themselves to be as truly short of being perfectly free from all sins of ignorance , as they are from those of frailty . when thus much hath been said , concerning his majesty's religion , it may be added , that his change proceeded , not meerly from an easie well-meaning , but from arguments , however they be less weighty to us , which had prevail'd with many wise and good men , and had an advantage , perhaps , in his case , from some early doubts , hardly to be avoided in that conversation , into which the rebels ( who had impudence enough to call themselves english protestants ) had driven him , as i before told you , against whom , and not against our gracious sovereign , should the disrespects of all the true sons of the church of england be turn'd . the king thinks us in the wrong and so pities and prays for us , that god would bring us into the right way ; and 't is a groundless and uncharitable jealousie , that he will ever hurt us , because it would neither be for his honour nor happiness , to make them miserable who have always been his best fric●ds ; such mischiefs may be fear'd by some , but will never be felt by any . let us rather depend upon god's wise and gracious providence , in the use of lawful means , and put our trust and confidence in his power and goodness , not doubting but : he ●areth for us , rather than be jealous of our king without cause ; and so far as god sees it conduce to his glory and our good , he will deliver us from all our fears : let us commit the care of our religion , lives and estates to him . and , indeed , where is our faith , if we will not trust him , with the defence of it , but seek to prop it up , and support it by base and unwarrantable arts , as if every thing were lawful that tends to keep out popery ? this will cast such a reproach and insamy upon our religion , as can never be wip'd off ; it will open the mouths and sharpen the pens of our enemies , shall we take more liberty to our selves than we will allow the king ? what safety can our sovereign expect , if he cannot be allow'd the free exercise of his own religion without his subjects repining ? what reputation can he have abroad , or what reverence at home ? is this to provide things honest in the sight of all men ? will this put to silence the ignorance of foolish men , to turn our religion into a cloak of maliciousness , to prove our selves wolves in sheeps clothing ? cannot we abhor idols , without flying into his face , who is the image of god upon earth ? is this to keep innocence , and to take heed to the thing that that is right ? is not this rather the ready course to create in him , and all the world besides , an ill opinion of us and our religion ? we may be just and dutiful to the king , without being unfaithful to god ; and if we be so , our religion will not only keep its ground , but make new conquest , and spread it self further in the world ; nor shall any policy of men or devils be able to root it out ; there will then be no tnchantment against jacob , nor divination against israel . the king thinks his own to be the true religion , and that god requires him indispensibly to believe and profess it , and to indeavour the propagation of it too , by all lawful means among his subjects , but not to make sacrifices of them that refuse it ; because the using of such cruel and unlawful means to that purpose , were apparently destructive of that salvation , which he hopes to obtain by embracing the roman catholick religion ; to which , if he can win men by arguments and perswasions , or any other allurements of his own promotions , he does that religion all the right and service he can , without wronging ours , ( to which his priests may modestly tempt him ) without any the least violation of his own sacred ingagements to us , which his innate clemency and goodness abhors in so high a degree , that he is found to be temptation proof against it : to conclude this point therefore , i say , the common lay-man , whose education , assection and practice may denominate him a true son of the church of england , as he hath learn'd in his catechism , to honour and obey the king , and all that are put in authority under him ; so he has been taught by the ministers of this church , that this is his duty , what soever religion the king be of : and though he hears his present majesty be of another communion , he thanks god and the king , for the liberty he hath to communicate with the church of england . he takes care of himself and his family , that they may serve god after this way , which some call heresie : but he is , it seems , well assured and satisfied of the truth and safety of it : he pities and prays for them that are in error , but will not revile , affront or abuse them ; nor will he assist in riots or tumults , to disturb even the publick exercise of any religion , where-ever his majesty things sit to appoint it . where the king's religion is publickly exercis'd , he has neither wit nor religion , who does not abstain from all rude and ind●cent disturbance or assronts . i am no apologist for the roman worship . but since the king is pleas'd , in some places , to protect those of his communion , in the publick excercise of it ( as he justly may ) for any private persons to disturb them , is a piece of rudeness to him , inconsistent with that honour , which upon so many accompts we are to pay him . besides that , it is a piece of prophaneness , for any , without authority , to interrupt men , whilst they are worshiping god , after that manner which they think the best : nor can his zeal against a false worship , justifie him in any such unwarrantable attempts , whilst he hath no authority to reform or correct them ; that being the work of publick power and not of private spirits . whilst therefore the king is so gracious as to protect us in our churches and offices of worship , let us not be so rude and ungrateful , as to assault or disturb those of his communion , in their private oratories , least we provoke him to deprive us of our greater privileges , for envying him and those of his communion . alass , no true son of the church of england will be guilty of this ; he will neither be so unthankful nor so unholy ; nor will he go about with lyes and frightful stories , and false news , to disquiet his neighbours or disturb the government , nor make scandalous reflections upon those that are in authority . he will leave the government of the world to god and the king , and be careful to do his duty to both , in that state of life to which he is call'd . and if more respect than this be requir'd of them , that : have more and better breeding , and are of an higher quality . i do not think that the roman catholicks themselves , will complain for want of it ; but will rather gratefully acknowledge the respect and kindness shew'd them in worse times than these , by the gentlemen of the church of england , even in the late bloody days of trial ; which has been so visible and observable , that another sort of men ( if it be not a scandal of humanity to give them the name of men ) have objected it to them as a crime ; and , for that reason , reckon'd them papists ( at least ) in masquerade ( as they were then wont to speak . ) this respect , indeed , has been , and is shew'd , rather to their persons and conditions , &c. than to their religion ; and it is a respect much becoming those , who would shew themselves true sons of the church of england : for their religion , as well as their breeding , teaches them , to maintain a civil and amicable conversation with those of the king's religion . i know no reason to be angry with any man , because he sees not with my eyes , or determines not with my judgment , and so consequently cannot be altogether of my opinion ; especially , since as they differ from us , so we differ as much from them . sure i am , our religion obliges us to a catholick charity as well as faith , and an vniversal civility to distinguish between the person and his errors or vices ; so as to love and behave our selves civilly towards him , where we cannot affectionately embrace his opinion . christianity is , doubtless , the best natur'd institution in the world. at its first appearance it taught the most barbarous nations to depose their fe●ity , and become tractable and courteous ; and where it was once heartily entertain'd , the world admir'd to see how civil and obliging those men were become , who before their conversion were morose and inhospitable pagans or jews . it was a great fault of tho jews , for which they are severely branded by juvenal and tacitus , that they were peevish and inhospitable to all that were not of their own religion , so as to refuse them the most common courtesies of telling them their way , or directing them to the refreshment of a common spring . nec monstare vias , ●adem nisi sacra colenti : we ought then to make it appear to the world , that ours is a better religion , by being better natur'd our selves ; and that we are the best catholicks , by expressing and practising a catholick charity , which of all other is the surest note of a true church . we ought to shew our selves quiet and obliging neighbours to those romanists , who dwell among us ; especially since both the honour of our religion and of our king requires it from us : incivility , upon the account of their differing from us in religion , being inconsistent with the obligations of christianity or gentility , and a rudeness to the king's majesty , of whose communion they are , and whom we are so far to honour , as to pay all the respects him , and to all such as he esteems , that our religion will indeed permit ; much more all that it so strictly injoyns . to speak next of the cergy-men , as concerned in this case , to whom indeed it is so much a case of conscience , that it leaves them less room than other men , for the exercise even of their christian prudence : for , they , who are priests , promis'd at their ordination , all faithful diligence to banish and drive away all erroneous and strange doctrines , contrary to god's word ; and the bishops at their consecration in like manner : and farther , that they will call upon and encourage others to do the same ; among which our articles have reckon'd many doctrines , now taught in the roman church , and every clergy-man licens'd to preach , has ( as the th . canon requires ) acknowledged , by subscription , under his own hand , that every thing contained in the . articles is agreeable to the word of god ; and consequently , he must acknowledge , that many romish doctrines are erroneous and strange doctrines , repugnant to the word of god , as being so declar'd in those articles ; those therefore are evidently such doctrines , as he promised at his ordination , to be ready with all faithful diligence , to banish and drive away : and is he not then bound in conscience to do this , in his publick sermons and private discourses , as he has a good occasion and opportunity ? is he not bound in conscience , at convenient seasons , to shew the error and danger of such doctrines , without so much as naming those who think more favourably of them , saving all respect due to the king , when he has not only liberty granted him , but is required and directed by his majesty himself so to do ? for in his majesty's directions for preachers ( which was sent us by his command , ) and we accept with all thankfulness , dir. . he bids us assert the doctrine and discipline of the church of england , from the cavils and objections of such as are adversaries to either . this resolves the case of conscience ; and as to christian prudence , his majesty hath been graciously pleased to give excellent directions as to that case too , bidding preachers thus to vindicate the church of england , when they arc occasion'd by invitation from the text they preach upon ; or that in regard of the auditory they preach to , it may seem requisite and expedient so to do . thus to preach , that the pope or church of rome is not infallible , and that the pope has no authority or jurisdiction within these realms , is expresly determined by the church of england , art. . — . and our parliaments have in all ages , as well before the reformation as since , expressed their just detestation of the pope's pretensions to it , as appears by the stat. of carlisle , and by that of provisoes made . edv. iii. and by many more in king henry viii's reign , who was both parliamentarily and synodically invested with the supremacy , in all canses , spiritual as well as temporal , ( not that he had power of mission or ordination , but of permission and ordering men , so sent by the church , to preach the gospel in his dominions , ) which was legally and essentially inherent in the crown before , the kings of england being supreme ordinaries , by the ancient common law of this land , of which those statutes were not introductory but declarative . and the very first canon of our church does require , that all ecclesiastical persons , preachers , &c. shall several times every year , to the utmost of their wit , knowledge and learning , sincerely , without any colour or dissimulation , teach in their sermons , &c. that no manner of obedience and subjection , within his majesty's realms and dominions , is due to any vsurp'd or foreign power ; but that the king's power , within his realms , is the highest under god , to whom all his subjects do , by god's laws , owe most loyalty and obedience , before and above all other powers and potentates on earth . now , if a preacher , whilst he is doing the duty of this canon , shall call the pope vsurper , for claiming or exercising that jurisdiction here , which belongs not to him ; and should be thought for that reason , not to bear respect enough to the king's religion , he would indeed but shew so much the more respect to his royal person , and regal just power ( as he is obliged to do by the oaths of allegiance and supremacy , ) and could be censur'd only for his fidelity and loyalty to the king , such as becomes a true son of the church of england . but in points wherein we are not determined by authority , or other obligations , but at perfect liberty to declare , or not to declare our opinions ; in these we have the sairest , if not the only opportunities for the exercise of our christian prudence : and therefore , for a preacher of the church of england to affirm positively , or go about to prove in a publick auditory or assembly , that st. peter was never at rome ; or that the pope is antichrist ; or that no man , in his right wit , can turn papist ; must necessarily , under our circumstances , be reckon'd imprudent , if not impudent . these and such like matters of private opinion , which when published , are like to give offence to our superiors , and if forborn could give no scandal to any ; christian prudence will unquestionably direct , such should now be forborn out of respect to the king , and the roman catholick religion , because 't is his : the daily decay of solid and substantial piety , is the most unhappy effect of christians foolishly fighting in a mist , and scuffling in the dark among themselves , against the interest of peace and charity ; and scrambling so eagerly and so childishly as they do , for nuts and cherry stones ; or things fit to be put into the same bag with them , as being of no value with men of judgment : and therefore a prudent man will always take care to avoid , as much as is possible , unnecessary controversies ; and in handling such as he thinks necessary , i know not how he can give better proof of his prudence , as well as obedience , than by observing his majesty's directions to preachers , which give a full resolution to the case in hand ; viz. by doing it with all modesty , gravity and candor , without bitterness , railing , j●ering , or other unnecessary and unseemly provocation ; and he who shall transgress these his royal and religious directions , will those of the new testament too . he that shsll use the liberty granted him by his majesty , for a cloak of maliciousness , and upon such occasions , or indeed any other , act the merry andrew in the pulpit , deserves not only the fools coat , but the rod too upon his back : from whence i inser in the next place ; ly . that those of our communion , especially the clergy , ought neither to rail nor rally upon the religion which the king owns . religion with a man of sense and affections , is a tender point , and the affronts done it , do as doily touch him , and wound him more feelingly , than any offer'd to his dearest relations , or to his own honour , as a gentleman ; and howsoever the one part resents , and the other takes it , 't is a diseas'd heat of the mind , and not christian zeal , to make any fort of religion the sport of our wits , and the triumph of our drollery : they who are guilty of it , may have espous'd the fortune , but have not the faith of the church of england . in a good cause , the fairest language is most advantageous ; a modest and friendly stile suits best with the truth ; which like its author usually resides , not in the blustering wind , the shaking earthquake , or the rangeing fire , but in a soft and still voice . iii language is doubtless a very preposterous method of perswasion , being likely to raise such clouds of passion , as will obs●ure the clearest arguments , and render their force unperceptible to the provoked reader or hearer ; on which account i cannot but appland that saying of the jews , that we ought not to blaspheme any thing , which others venerate for a god. railing therefore against popery cannot produce any good effect , and at this time it may easily produce many bad ones ; among which none can be worse , than the contempt which it will throw upon the king himself , on whom all iii language against his religion , does ultimately redound to the debasing of him in the esteem of his subjects . when the powers of the world were heathen , the christians in their apologies , do not presume to cxpose the religion of their emperors to contempt ; but only with great modesty and deference , to vindicate their own from the unjust criminations of their adversaries , as may be seen in both the apologies of justin martyr , and of tertullian . and , as i think , it would be a comandly deserting of a very good cause , if the learned men of our church should suffer the busie romanists to charge her with schism , heresie , or other misrepresentation , without appearing in her just and necessary vindication , and cannot but applaud some of the late modest and strenuous apologies , which their provocations have extorted from the press : so i must confess , that i cannot see any present necessity of troubling our pulpits with these controversies , the mysteries of our faith would be best held in a pure conseience , which is peaceable ; and by practical discourses we may best preserve our people from those vices , which only can provoke god to give them up to strong delusions . and if we perceive any of them warping towards popery , there will be more hopes of reducing and confirming than by personal conferences , applyed to their particular scruples , than by shooting at random at so great a distance in general harangues , which tends not so much to arm the hearers against popery , as to possess them with an hatred of their sovereign for professing it . since then we are bound in duty to ab●●ain from every thing ( which without a sin may be omitted ) that tends to the dishonour and contempt of him , whom god and our religion oblige us to honour , i doubt not to conclude , that as railing against popery was never lawful ; so preaching against it farther than by the canons , and his majesty 's own gracious directions , we are obliged to do , is at this time unseasonable ; and so far as it is prejudical to the government , utterly unlawful too : we least of all fear the seduction of those members of our church , who practise strictly that excellent religion , which they and we profess : the best service then we can do to prevent the growth of popery , will be to perswade men all we . can to become better livers and better subjects ; upon which account , practical preachers will do the church more service than polemical , and the government no disservice , nor the king no dishonour . 't is below them , who think themselves in the highest form of christians , to sit down in the seat of the scornful ; they are of their father the devil , wheresoever such changelings are found . 'pray' tell me , and tell me no more nor no less , than your own consciences will tell you ; is this fooling the effect of that faith which was once deliver'd to the saints ? or is it not rather a wounding of christianity it self to the very heart ? who of this rank , if he were at constantinople , would make it his business to tell the great turk , that his prophet mahomet were an impostor ; or , as some oppressed greeks think him , antichrist ; or to ridicule the alcoran ? and why will they make more bold with a christian prince , and their lawful sovereign , than with an insided ? this certainly is a foul offence , and as much against a good conscience , as christian prudence . why are men more inrag'd against those who agree with them in most things , than with them who different from them in all ? christ will not give his spouse a bill of divorce upon every error and mistake , much less should we deny her to be our mother , because she is not of our mind , this will justly bring our christianity as well as our prudence in question . these are not the sons of the church of england , but the standard-bearers of sedition , who take no care to govern their tongues nor pens , who have no regard to the king or his ministers , to truth or charity , justice or honesty ; which whether they intend it or not , hath a derect tendency to the defaming of our yet untainted religion . they who will not offer up a peace-offering to the magistrate , are none of our communion ; and 't is to be hoped , that the fathers of our church will correct those ill nurtur'd children , who are of such surly , peevish and insolent tempers , that others may not grow immodest by their uncontrol'd extravagancies . authority must at any rate be redeemed from contempt , since the very life of government is reputation ; and if you teach the rabble to scorn the religion of the supreme magistrate , they will not continue long to reverence his person or authority . if you will prove him to be an idolater , they will soon reply , that st. john reckons such with murderers , dogs , sorcerers and whoremongers , which love and make lyes , rev. . . and st. paul ranks them with sodomites and thieves , cor. , , . that they hate god , exod. . . desile the sanctuary , ezekiel . . commit adultery with stocks and stones , jer. . . isa . . . worship devils , rev. . . and that as they shall not inherit the kingdom of heaven , cor . . so we are not to come among them , josh . . . but they are to be utterly destroy'd by commission from god , exod. , . that they are sons of belial whom we are to smite with the edge of the sword till they be utterly destroy'd , deut. . , , . what is all this , but sedition under disguise of zeal ? let the men look never so honestly , they drive on an interest against peace and charity , and though truth may be justified of her children ; so it be done with moderation and judgment , when necessity compels us , or authority calls us to it ; yet they who can find no better treatment for their auditors , than to prove all papists to be idolaters , ( as if they had no saving truths to preach them , but such as are full of disgraceful , sawcy and insolent reflections upon their prince ( which hath already cost this nation so many millions of money , and such rivers of blood , to the shame of christianity it self ) would be as ready ( if they durst ) to joyn with some of their own spirit in the prayers , which were justly made treason , anno . & . q. mar. cap. . that god would turn her heart from idolatry to the true faith , or else shorten her days , and take her quickly out of the way . and the act says , that never such a prayer was heard , or read to have been used by any good christian , against any prince , though he were a pagan : and therefore in abhorrence of the crime , it condemns the authors of such libellous and malicious prayers , together with the procurators and abetters of them , to be guilty of high-treason : and so they are before god , who takes every injury done to his vicegerents as done to himself ; satyrs are bad every where , but worst in the pulpit , be it in prayers or sermons ; where men are to speak the words of truth and soberness , as becomes the embassadors of christ , and not to use any petulant girding or reflections upon any , much less upon the father of their country ; nor to dress up any of his perswasion in such indecent forms , or to make them appear far worse than they are ; for this is as great a sin as to make widows more desolate : we are in conscience and prudence oblig'd calmly and modestly to inlighten the minds of our hearers , though they count us heavy men for our pains , rather than by expressing more heat than light , to thunder in their ears such dreadful apprehensions of the religion of our prince , as may claw their itching ears , and raise their humours and passions into such a violent ferment , as to transport them into the pangs of some furious zeal against him , and all of the same perswasion with him . our religion obliges us to be jealous of every thing or motion which tends to the disunion , either of subjects from their sovereign , or of the people among themselves ; which that it may be permanent . and cordial , which is the only thing that can disappoint the designs and counsels of our enemies , nothing can conduce more to our present or future safety , than the deposing of all animosities , rancor , and ill will against one another ; upon the account of differences in religion , and the going on chearfully in the narrow path that leads to eternal life , without fighting with every one that does not keep the same way , though he be also travelling to the same place ; which has such a spirit of opposition , contradiction , and pertinacy in it , as speaks men to be of distemper'd brains , turbulent passions , and corrupt hearts , rather than of tender conseiences . that there should be so many pretended admirers and profest lovers of peace , and so few followers of it in this kingdom ; so much noise of religion , and so little charity ; and especially that christianity which is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , a quiet and gentle institution , intended to soften mens natural asperities , should spend it self in those quarrels , which are the greatest diminution to its interest imaginable : that the holy spirit should bring the gospel down from heaven in the shape of a dove ; and that yet there should be no more stinging serpents than the professors of it one to another ; and that after more than sixteen hundred years preaching the glad tidings of peace , there should still be such distractions and wranglings in the church , such seditions and convulsions in the body politick , such sidings and divisions in every town , and such jarring and dissention as we see and lament in private families ; and that the warmest zealots should , by enormities of this kind , run farther on the score of divine vengeance , than turks and infidels do , upon the bare single security of being christians , are such prodigies in manners as may justly startle the wisest of men , and force them to conclude , that the best religion has the worst professors of it , and pretenders to it in the world. might not the pagan , turk and atheist , upon the sight of our manifold heats , violences and intemperances , which are too visible in christendom , reasonably cry out , where is now their god ? and where is their religion ? are these the men that pray for peace , or do they ever mean to purchase it ? are not their practices the great shame and confutation of their professions ? and is not the name of god blasphem'd through their miscarriages ? is christianity become an enemy to humanity , and turn'd incendiary ? is zeal grown such a cormorant as to eat up charity ? and are the elect of god , who should put on bowels of kindness , humbleness of mind , and above all , charity , which is the bond of perfectness , grown so fierce , as to fly upon every thing which custom and education hath not rendred familiar to them ? are they impatient with all who do not see with their eyes ? and will they set themselves in battle array against all who are not wise enough to be of their judgments , and damn all who are not of their opinions ? could there be such needless and endless contentions among them , if they were not carnal ? is this to sight under christ's banner , who was the prince of peace ? does not this incontinency of disputing make rents in the seamless garment , rather than reformation ? if they were as sollicitous to save their own and their peoples souls , as they are to propagate their opinions ; they would not trifle away and lavish that time and pains in needless controversies , in which they might make their peace with god and men ; nor take more pains to prove the pope to be antichrist , than they do to prove themselves to be christians , or make others so ; nor tread true piety under foot in scrambling for that which hath nothing of it , nor like it , but the name . would not their congregations be more edified by the church-catechism than a controversie ? or how many have you seen heal'd by being lead into these troubled waters , though mov'd by the best angels of the church ? no doubt but it is a truth which the mufti told his grand seignior , that where the publick exercise of religion is allow'd , 't is judg'd that a liberty is granted to defend all the distinguishing points of it , without reflecting on that of the prince , ( which would be more unpardonable in us than in any men in the world , because he is graciously pleased to act with us upon the square , and forbids his own preachers to make any tart reflections on ours . ) now the fault too common is the intemperance of most warm disputers for religion ; who if once they begin to declaim or write against any thing , think they can never make it odious enough ; and that they may defame it the more effectually , they will hale and force consequences as on a rack , to confess what the principle never meant , and to catch greedily at some violent mans over-shooting both the cause and the communion , and to lay this to the charge of the whole church , though it professes never so solemnly against that private doctor 's opinion ; whereas as great champions as they would be thought to be for the church of england , they ought not , in point of honour , to take every advantage against her enemies , nor to put every thrust so home as they do , but restore them in the spirit of meekness , nor to throw dirt in their faces to disgrace them ; ( which as the purity of our church abhors ) so the more they handle , the more it will defile them . this is not to walk in wisdom to them that are without , nor to keep the vnity of the spirit in the bond of peace . there is yet another thing worse than barely calumniating the king's religion , and that is disturbing of the solemn exercise of it , by routs and riots ; which would be so high an indecency , and so opposite to the gentleness of christian religion , that about the time of the first general council of nice , under constantine the great , it was made a canon in the council of illiberis , that if any one should , out of any immoderate transports of zeal , deface , demolish or break down idols or images , and be thereupon slain ( because it is not commanded in the gospel nor practis'd by the apostles ) that they should not be reckon'd in the number of martyrs : nor need i remind you , that the idols were of the heathens , and that christian religion was not only the private religion of the emperor , but publickly established by him throughout the empire ; and yet while the other had but a bare toleration from the emperor , and christianity had the law of the land on its side , yet the holy church discouraged her sons from injuring it by violence . the prevention of railing against the emperor's religion by the lutherans , was the wise care of the diet of ratisbone , anno dom. . which was in part made up of protestants , electors , free-princes and hans-towns ; 't was their final accord , that the ausburg confession should be allow'd , so that nothing was taught or written but what was contained in that confession . as to raillery upon the religion professed by our prince ; as it is bad manners and worse religion , so it can never be good wit ; which though it be allowed its seasons , yet this is none of them , 't is as much as a man can well bear , to see it practis'd upon virgil the prince of poets . ly . the church of england men ought not to grudge the privileges allowed by the king to those of his own communion ; he does not desire that they should stand upon equal terms of publick privileges and advantages of the tasting of the sweet of the church revenues , but only that they should lift up their heads above the danger of the laws , and he be able to make life of their services in the state. he neither takes away our rights , nor with-holds his favours from any men of our perswasion , who cannot pretend to deserve them without blushing . none ever found discouragement from our gracious sovereign upon the score of their religion , but have been advanc'd and esteem'd according to their several capacities and qualifications , so long as he found charity and vnity maintain'd amongst them ; and why then should our eye be evil , because he is also good to some of his own ? a christian magistrate owes something more than protection to the religion which he sincerely professes , and to them that profess it with him ; they may reasonably expect his countenance and fair quarter , if not hope to enjoy some provision under him ; for certainly he may and ought to do all that he is able and hath opportunity to do , on this side of force and injustice to help them ; a nursing-father he is to them as well as us , and oblig'd to the protection and tuition of all his children , and not to suffer them to fare the worse for their zeal , either toward god or himself : and methinks we should have more wit , honesty and charity , more modesty , equity , honour and justice , more good breeding and ingenuous education , if not more religion than to repine at it ; for this implies such a want of them all , as any ingenuous man must needs be ashamed of . is it not as fit the king should choose his ministers , as we our servants ? whatsoever a prince does , he is to be presum'd to do it with great reason ; his actions are manifest , but his thoughts secret ; and 't is our duty to tolerate the one , and not murmur against the other . the results of his councils are like the current of a great river , we see their streams but not the fountain from whence they flow ; reason of state is reason of law , though we see but the plain side of that great watch , within which all the springs and wheels are inclos'd and hid , yet we find their motions regular . the king is our law-giver , and his conscience is his ; and if it dictate these things to be necessary , though he be deceiv'd , they are become so to him , and by no means to be declin'd by him , but he must follow his own conscience ; and if he mean it for good , he has no reason to doubt but god will take it so , and all good subjects will pay him an obedience of acqutescence , if not of conformity ; we have reason to believe he will do nothing beneath his own honour , and the just interest of his people . and therefore st. augustine in his book against faustus the manichee says , that a christian souldier , fighting under an heathen prince , may lawfully pursue the war , or execute the commands of his immediate or superior officers , in the course of his service , though he be not absolutely ●assured of the justice of the one , or the the expediency of the other . and in the case in question 't is no less evident , for sovereign princes have power to change the external regiment of the church . a christian magistrate as such , is a governor in the church . the prerogatives and preheminencies of power and greatness , which are involv'd in the fundamental conception of sovereignty , are the essential rights , and inseparably annexed to the sovereign , for which he is accountable to god alone ; and all bishops are subject to the imperial power , who is to determine what doctrines are to be preached and what not , least any should be licens'd to barangue to the people in seditious libels . his power is by the law of god , and so can have no inferior power to limit it . the father of the family governs , not by the law and will of his sons or servants , but by god's and his own ; nor were the best kings of judah or israel tyed to any laws ; nor is it the municipal law of the land , but the natural law of a father , which binds him to preserve the lives and fortunes of his sons or subjects . the church is always a minor and vnder-age , and the king its guardian ; how then can she expect to be back'd or countenanc'd any longer ( as she has hitherto been , thanks be to god and the king ) by his civil authority , or enjoy the revenues and privileges she has any longer , if the king's courtesie be so soon forgotten , to deny him or his the free exercise of their own religion , whilst we are so warm in ours , under his gracious protection and royal bounty and provisions , is beyond all shame and reason ? princes have an happy time of it , to serve such humours , as if he reign'd over us by courtesie , and had no more but the name of a king. does this express our duty or gratitude to god or him ? we need not debauch the present generation , who are too bad already , by teaching them to make spightful and peevish reflections on our prince's actions . shall the privileges which he and his royal predecessors have granted us , be us'd as weapons to fight and rebel against him ? shall we deprive him of his prerogative , which the law of god , as well as of the land , has given him ? is not the church of rome a true church , both in it self and in our judgment too ? and why should you deny your own prince , who is a member of it , the same liberty which you daily see , without murmuring , granted to the embassadors of foreign princes and their followers ? is it not by his piety and juftice that we have the free exercise of our own religion , as by law establish'd , and the advantages of publick assemblies , and the encouragement of such liberal maintenance ? and have not the ministers of religion always obey'd the imperial laws , even when they liked them not , not upon prudential considerations and necessity , but by divine appointment , declaring with the sixth council of toledo , that it was impiety to call in question his power , to whom the government of all things was certainly deputed by the divine judgment , and that , as well bishops as curates , and ecclesiasticks as laicks , must be subject to them ; and that the supreme power may determine whatsoever is left undetermined by god : nay , that he can derogate by his power from an ordinary right , by changing his will , and making , the contrary law , that he has the judgment of discretion and knows best , when 't is fittest for him , to govern himself by zeal , and when by gentler counsels . is he not head of the church ? and must his members teach him how to govern it ? it is by the tyes of religion , and not of power , that he is bound to keep the churches laws , ; and the very con●●ssions and privileges made to them by him and his royal predecessors , are as revocable as their duty is alterable ; for princes are so far from being oblig'd to perpetuate such rights that themselves have indulg'd , that 't is a rul'd case among the greek fathers , that a king may recal his gift , in case the beneficiary prove ungrateful . i wish our brethren , who are now so stubbornly resolv'd not to join with their respective bishops , in an address of thanks to his majesty , for his morgaging of his honour under the broad-seal of england , in his late royal declaration , in the first place , to protect and maintain them , in the free exercise of their religion , as by law established ; and in the quiet and full enjoyment of all their possessions , without any molestation or disturbance whatsoever , would study this case a little better , than they seem to have done ; and then they would highly approve it , as some of our fathers have done , as prudently penn'd ; and such an acknowledgment of his majesty's signal favours to the church of england , and all her members , as our gratitude and duty indispensibly oblige us to pay . can you have any better precedents than those of the kings of judah ? look throughout the sacred history of the old testament , and you will every where find , that the king's religion , though often heathenish , had the privilege to be publickly us'd ; and though the high-priest and sanhedrim had a power , which moses called the judgment of god ; yet these did not think it either their duty or right to suppress the exercise of idolatry , whilst the king was contented with it , though it was so manifestly contrary to god's own law given them by moses ; and when a king , who worshipped according to moses's prescriptions , succeeded , neither the great council nor people desired the false worship to be suppressed , till the king himself self commanded it ; which is an argument , that it proceeded from his high prerogative , which the kings of judah laid equal claim to with the eastern monarchs , as the israelues desired a king , according to the nations round about them ; upon which samuel recites a large rightful power , which would belong to their sovereign . did not solomon put ab●a●her from the priesthood and put zadock in his room ; and though the high-priesthood came to be put out of its due channel of primogeniture , establish'd by moses , and was sold in our saviour's time ; ( so that sometimes the high-priest was but annual ) yet christ acknowledged caiphas to be high-priest ; and for the inferior priests , david divided them into twenty four orders ; so that the applying of the priestly power to such a time , was wholly the act of the civil government . jehosophat named a president for the sanhedrim , as well for matters of the lord as for those of the king ; and both ezra , though not the high-priest , and nehemiah , though not at all a priest , acted by a commission from artaxerxes , to execute the laws ' of god and the king ; by which authority nehemiah turned out one of the priests : so that though the priestly office was a divine institution , yet the applying and suspending that authority was a part of the civil power . christian emperors made also penal laws with relation to church-men , the pains of which were suspension or deprivation , of which there are so many instances , both in the old roman laws and in the capitulars , that it is needless to insist on the proof of it , to justifie his majesty's late proceedings by his high commissioners for ecclesiastical affairs , against an eminent prelate of our church , which proves them lawful without committing sacrilege , or incroaching on the spiritual power of the church . i need not tell you that it was declared in the convocation of the prelates and clergy of this kingdom ( which make the representative body of the church of england ) art. . anno dom. . that whereas they have attributed to the queen's majesty , the chief government of all the estates of this realm , whether ecclesiastical or civil ; in all cases , they did not give unto their princes the ministring of either god's word or sacraments , but that only prerogative , which was known to have been given always to all godly princes , in holy scripture , by god himself ; that is to say , that they should rule all estates and degrees committed to their charge by god , whether they be ecclesiastical or temporal , and restrain with the civil sword the stubborn and evil-doers . less power than this as good subjects could not give unto their kings , so more than this there has not been exercis'd ; nor , i believe , ever will be by our gracious sovereign . such power as was vouchsafed by god to the godly kings and princes in holy scripture , may serve abundantly to satisfie the unlimited desires of the greatest monarch in christendom ; and therefore how unpardonable are we to deny our king that power which is inseparably annext to his royal diadem , and without which he would be no king , but a royal slave in golden chains ; for the king 's , the church's , and our own , if not for the cause's sake , let us not grudge men of his own perswasion in religion , the free enjoyment of any favours which he is graciously pleased to afford them ; and that especially considering that the occasion upon which such privileges were formerly denied them , viz. the jealousie the government had of their sincerity and obedience , now ceases ; and this brings me to say something more particularly , ly . to your self and your fellow members of this loyal parliament ( whom i find to be concern'd in this case also . ) 't would be presumption in me to offer to direct your votes , otherwise than as a divine , by reciting the advice of our blessed saviour , whatsoever ye would that men should do to you , do ye even so to them , and be ye wise as serpents , but harmless as doves ; and such like general sentences , the particular application of which , i must in good manners leave to your own christian discretion ; nor can they fail of making a good application of them , who consider that our blessed saviour by these hicroglyphicks taught his disciples innocence as well as prudence , in times of greatest danger , that they may be able to say with st. paul , that they are pure from the blood of all men ; and that the church of england , by appointing the former sentence to be read at the offertory , on the th . of november and th . of january , does thereby teach us , whether we have escaped a danger or suffered affliction , not to be revengeful , but be rather ready to return good for evil. that some severe laws , which might have reason when they were made , should by common consent of all any ways interested , cease , when the reason does universally cease , was , i think , never denied by good casuists or good statesmen . now the chief reason alledged , and the only justifiable one for these severe laws against romanists , was the jealousie the government conceived of their affections , and the apprehensions that their private zeal for their catholick religion would make them cool in their services to the publick , which their imployments would oft require should be against their principles ; and that they , relying on an external power , were incapable of duty and true allegiance to their natural sovereign , and rightful monarchs : kings proclamation th . of fevruary , / . but who now can plausibly suspect their faithfulness to the present king , or that they will be backward in his service ? and whilst the case stands thus , what need will there be of sanguinary laws for imprisonment during life , or consiscation of goods ? or for those tests which exclude the peers of the romish religion from sitting in the house of lords according to their birth-right ? especially seeing these latter were made upon a mistake of matur of fact , whereas it has since appeared to all discreet men of the most unquestionable loyalty , that the popish plot was of that perjur'd villain oates and other subtiler heads making , to serve their faction and revenge against the government : and as it is the noblest ingenuity to own any sort of mistake , so methinks it touches a man's reputation but softly , to retract what he had formerly believed and acted , upon a charitable perswasion that men would not be perjur'd , who after were legally convicted for being notoriously such ; and besides this , 't is no safe matter to alter the foundations of government , and deface the original of a right , which in the case of all privileges of peerage hath been taken to be either writt or patent ; for if these must give place in any one instance , no man knows where it will end , or whose course to turn , or be turned out of that highest court of national justice , may next come . in the parliament of . when the old loyal assurances were laid aside , and instead of the former , the presbyterians tested men , with their covenant , they were not aware , that they made a president against themselves for an ingagement ; and the ingag●rs did not longè prospicere neither ; they little thought that they furnished their masters of the army with a countenancing example to break them all in pieces , and to vote them all vseless . and therefore 't is a rule of wisdom as well as of justice , a point of prudence as well as consience , not to remove the ancient land-marks ; and 't is , as useful to the state as to the church , what the first general council decreed , let the old vsages prevail ; suitable to which was the establishing saying of the peers long ago , nolumnus matare leges angliae , we will not that the laws of england be changed : and certainly , pursuant to this resolution , if by any cross chance or accident a change have surpriz'd the government , a restitution to the former fettlement should soon be made , and that the rather , because we may say of those sanguinary laws , as his majesty in his royal proclamation in scotland does th . february / of the like made in the minority of his royal grandfather , that they have been continued of course without any design of executing them or any of them , ad terrorem only ; and sure we are , that our severest laws did not proceed from ill-nature , any otherwise than the best do ex malis moribus : and 't is obvious to remark , that the true sons of the church of england , have always been better natur'd , than to press or countenance the execution of them in cases of meer religion ; and they have accordingly ( blessed be god ) been very sparingly executed , unless when the byt-blows of a powerful faction , and no true sons of the church of england , or some violent attempt of the enemies thereof , have forc'd it ; so sparingly have they been executed , that 't is an old proverb of reproach upon the legislators , that their laws were only made in terrorem , for mormoes and scare-crows : and if they will serve for that purpose , and to preserve the good seed , or hinder the enemies of our church and state from sowing rebellious and treasonable tares among us whilst we are asleep , we desire no more . the holy church , which so passionately desires the saving of mens souls , never thirsts after the destruction of their bodies . some laws indeed there are , made since our reformation from popery , which threaten death to the romish clergy , who are natives of it , if they be found in this kingdom . but though the wisdom of the nation thought fit to enact them at that time , for the security of those protestant princes , to whom the romish deposing doctrine is not propitious , yet was it treason and not heresie which those laws made capital . and since there is no question but that a prince of their communion , dare trust himself in their hands , and neither desires nor needs such security from them ; there seems now no need at all of their continuance . and as it would shew a great respect to the king to repeal them , so it would be a seasonable vindication of us from that cruelty , which the romanists have charg'd us with upon the account of them . it hath been , i am perswaded , a real grief to all tender hearted protestants , whenever the exigency of state affairs hath occasioned the execution of those sanguinary laws ; and it would be the best evidence we could bring to convince the world , that it was not the religion but treason of romish priests that we detested , if we take speedy care that their religion be no longer capital , now that it may so easily be separated from treason . perhaps some inciters to rebellion , do buz in your ears , that the king has no more business for parliaments , and intends to govern by a standing army of his own perswasion ; but you and i know the king loves and honours parliaments , as the best means for the kingdoms safety , and his own satisfaction : and i know this , of which you are a member , hath so many active and loyal subjects in it , as will oblige him by all that can be desired , for acknowledging and the establishing of his just prerogative , and for his own ease and satisfaction , and the quiet of his friends , of his religion ; and that his majesty will be as ready to secure our national religion , liberties and properties . the present parliament men , who are most of them true sons of the church of england , are so far from envying the romancatholicks , the advantages they now receive as rewards of their loyalty , that they would with a most respectful , humble and dutiful emulation , even strive with his majesty who should reward them most : he having published it to the world in his late scotch proclamation , that of his own certain knowledge and long experience , he knows the catholicks , that as it is their principle to be good christians , so it is to be dutiful subjects , hazzarding , and many of them actually losing their lives in the defence of a prince , though of another religion , ( ours he means ) and maintenance of the king's authority , against all violences and treasons . it were the highest impudence to deny but that there were a great many noble , brave , loyal spirits of the romish perswasion , who did with the greatest integrity , and without any other design than satisfying their consciences , adventure their lives in the war , and leave their bodies in the field for the king's service . there were a great many generous souls among them , whom the greatest temptations in the world could not have perverted , or made to desert their king in the height of all his and their miseries . among the rest , sr. arthur ashion , a romanist , being turned out of the king's army , with most , if not all , of that communion , to please the rebellious parliament , who charged him for having so many papists about him . this noble royalist as well as romanist , was sollicited by the parliament to take a commission for a colonel of horse , and to put in what officers he pleas'd of his own perswasion ; he accepted their commission : but to mapifest their villainous hypocrisie , as well as his own intire loyalty , he immediately went upon his knees , and delivered it up to the king ; upon which he and the rest of that religion were readmitted into the royal army . whence it is evident , that they wanted not an opportunity of joining with the rebels , to their own advantage , had not their innate principle of loyalty kept them steady in their allegiance ; so that they can have nothing laid to their charge worthy of death or bonds . why then should they not have room in his kingdoms ? security for their persons and estates , and rewards wards for their services ? why should we grudge his majesty's mercy to others , which we reckon so great a blessing to our selves ? were they not our fellow souldiers and sufferers too ? and what have they done since to incense the king or the government , or their fellow subjects against them ? you wish they were of our religion , and so do i too ; but men cannot easily wear off the prejudices of their education , and most of them have suck'd in their religion with their milk. it were very unjust and unnatural to attempt by force to reduce them to our way of serving god , who are in a co-ordination to us ; this being to assume the prerogative of the civil power ; and against justice , which must be an ingredient even into the best religion , because it would be a contradiction to build religion upon the ruins of that which founds all religion , as tertullian argues . it were unjust for us , who are co-ordinate , to impose upon others their faith or worship . our prince is not to be reduced to the rule of our consciences . into what shameless straits will this immodesty of ours reduce us ? can we have so little wit and loyalty who pretend to so much of both ? it is worse than barbarous , to attack any people meerly upon the account of religion , not repugnant to the light of nature ; for otherwise , religion , whose chief end is to preserve mankind in peace and justice , would turn the world upside down , and fill it with incessant combustions and massacres ; for it will be as reasonable that the insidels and indians should invade the christians upon that score as the christians them , and then where will depredations end ? to enforce and drag others to the true religion , who are absolutely at their own difposal , neither is , nor can seem decent nor expedient : you will find , lactant. . . c. . st. ambrose in luc. . . and st. hillary and all the ancient fathers of that judgment , against compulsion in point of religion ; and what have we to do to judge them that are without , says st. paul ? julian would not suffer christians to be forc'd to his gentile altars , epist . . what if they are displeased for not enjoying as much of the benefit of the king's restauration as we do ? the liberty of repining , is a charitable allowance to be indulged them of course , whom providence hath denied what we enjoy . 't is an unmerciful thing not to give lofers leave to speak , and the world will talk of them and us too at their own rate . what if some few of them shew more heat than becomes them , and grasp at things not sit for their enjoyment ? is it not the same case with us too ? why should the indiscretion of a few incense us against the rest ? if they do not all of them , at all times , carry th● selves prudently , let not their allegiance be buried in oblivion . if we either love the king or the peace of the kingdom , we must behave our selves as becomes men of conscience and prudence in this tender point . bishop bramhall in his replication to the bishop of chalcedon , says , that in eight tearstime , in which he had the government of ireland , committed to him by the earl of strafford , there was not one roman catholick who suffered death or imprisonment , or so much as a pecuniary mulct of twelve pence , for his religion , upon any penal statute ; and yet he was as true a son of the church of england and as wise ; and the lord lieutenant as great a martyr for his religion and loyalty ; and both of them as sit to be our guides , in this point , as the best men now living . stay till they have offended and done things worthy of punishment , and then spare them not . men as wise and as good as we , thought we might be safe without their king in danger ; and it seems highly reasonable that their having done amiss , and not our fears and jealousus of it , that they will do so , should make them punishable . the laws made against roman catholicks , are either as rebels or papists : if as rebels , what need of particular laws for them more than others ? why not the same law to punish them and others guilty of the same treason ? if any papist be found guilty , let that law act against him which is thought sufficient , not only to punish but to prevent treason in all men of antimonarchical principles ; and therefore they cannot be made against them in that sence , viz. as rebels : nor as papists ; for then it will follow , that he is liable to most severer punishments , who acts according to his conscience , which is the rule and internal law which god obliges us to follow and observe , under pain of sin , right or wrong ; if our conscience , after a serious examination , dictates so ; therefore all hu● ane laws , which punish a sincere obedience to this internal law , viz. conference , are hard , in case ( that is ) of an invincible error . besides , we must acknowledge them to be a true church , though infected with some errors , and to have things necessary to salvation ; why then such a severe animadversion upon them ? do not turks and jews and some sectaries , who are worse than either , live quietly among us ; and why then must our brethren of rome be molested ? and why may not either church or state alter many things concerning their own constitutions , upon prudent consideration , as the reason and circumstance of thing● very , upon new and better reasons ? no law , purely humane , can be made perpetual ; and when it is made , it must be interpreted according to the mind of the lawgiver ; and when he interprets his own law he does not take off but suspends the obligation ; and he may intervene between the equity and strictness ; for the intention more than the letter of the law , is to be ragarded : and certainly , mens stiffness in keeping what they have got ( though not upon such grounds as themselves now approve of ) is rather a point of mistaken honour than of conscience ; a contention of spirit rather than a debate of truth and equity . and if this be the case , i am sure all wise and good men will censure your obstinacy and frowardness if you persist ; though the mobile , perhaps , may reproach you with levity and cowardice , if you retreat . to change our minds upon mature deliberation and better experience , and the evidence of new and better reason , is a great piece of christian generosity and such as will speak you honest , though not crafty men. and if the honour of your religion be of equal value to you with that of your personal reputation , 't were well you studied , how much that were concern'd , in the peaceable and obedient temper of such as pretend to have espous'd it , as becomes the true sons of the church of england . nothing can stain the reputation of the glorious religion we profess , more than your turbulent , stiff and ungovernable tempers , who are the chief patriots and professors of it . shall we , who have hitherto endeavoured to strengthen the hands of the magistrate , now strive to weaken them ? shall we , who pretend to inact his laws in the very consciences of his subjects , now endeavour to put other limitations and conditions upon them than god has done ; or pretend the revocation of the broad-seal of the king 's civil authority , by the privy-signet of religion ? where-ever this is done , that prince or magistrate had need be a very devout man indeed , who casts a benign aspect upon the profession of that religion , which has so malignant an influence upon his government : and all considering men will with great reason doubt , whether that religion be of god which gives such disturbance and trouble to his vicegerent ; and whether that will carry men to heaven hereafter , which makes such tumults and confusions as will be an hell upon earth . i hope 't is no th . article of your creed or mine , that whatsoever a parliament does is rightly done for that were to bring rome home to our own doors , by giving them that infallibility which they give the pope : men are not bound to build their consciences upon acts of parliament . i have heard , that to dissolve a parliament in discontent , is to pick a quarrel with the whole nation ; and i am of opinion , that for them to fly in the face of the king's religion , would be the ready way to pick a quarrel with him ; and whether it be a conscientious or prudent thing so to do ; or that a design to prevent a remote and contingent inconvenience can atone for a disobedience at present , which may possibly dissolve the frame of government , i leave to you to j●dge of there may arise a pharaoh who knew not joseph , and then you may come to be whip'd with your own rods. these violent opposers of the regal prerogative , know not what spirit they are of : do they meet the same measure they would have meeted to themselves again ? is this their brotherly kindness , meekness , or good manners ? does not the prince of peace oblige his disciples , if it be possible , and as much as in them lies , to live peaceably with all men ? the wisdom which is from above , is pure and peaceable ; it consults the publick good ; and 't is a true testimony of a religious and generous mind , in his most retired thoughts , to look out of himself , and be mindful of the publick welfare of the whole in all his private meditations ; 't was this made the fabii and fabricii and other roman worthies , so renown'd in those times , that they were content to expose themselves to the greatest dangers , and to venture the losing of the good opinion of the mobile , for the prosperity and safety of the commonwealth . lord , how rare a thing is it , in out age , to find a private man , who cordially devotes himself to the good of the community , which is of so much the nearer concernment than the privete , as it is of larger extension ? consider before it be too late , that the religion you are so justly inamoured with , will rather be prejudic'd than promoted by this peevishness of her professors : hast thou the faith of the chruch of england , have it to thy self , and take the kingdome of heaven by an holy violence , but do not attempt by any wicked violence to impose it upon other ? will you neither be obedient for wrath nor yet for conscience sake ? did ever christ and his apostles , who were arm'd and instructed with a greater power , for the vinidicating of the truth , than ever any persons since , either civil or ecclesiastical , were , behave themselves so unseemly ? did not st. paul become all thing to all men , that he might by all means gain some ? and shall not we interchangably use the duties of common humanity to them of the roman religion ? not shew them the way ( but out of the land of the living ) who are going towards the land of promise , as well as we , and yet think we do god and the king good service does not st. paul command every soul to be subject to the higher powers , upon pain of damnation ? if they are in errors , you may warn them of their danger , as he did , night and day with tears ; but you must by no means draw blood of them , not tempt other to dispise them : let your moderation be known unto all men ; christ came not to destroy but save alive ; we had better be persecuted our selves than become persecutors of other ; nothing that in violent or injurious can have any thing religion in it ; and why should we tempt the romanists to combine togather ( as they will do , if they have not more religion than we shew in this stubborness ) to revenge the injuries that have been offer'd them , the wounds that have been given them in the house of their friends ? of which we are as guilty , by being the unconcern'd and silent spectators , as if we were the principal assassins ; and whosoever is afraid of being reproach'd for a papist by pleading their cause as far as justice and charity favours it ; or consults his ease and reputation more than his religion at this juncture ; when such assaults are made upon the principles of the church of england , even by them who pretend most kindness to it , deserves the punishment either of a coward in his religion , or a traytor to it . no man , who loves his king or country , can wish for more liberty or encouragement than the church of england men enjoy ; and for any of them to grudge the king immunity for them of his own religion , is such a composition of indiscretion , popularity , ingratitude and insolence , as is little deserv'd by so good and gracious a prince . peace is not the thing we pursue , but popularity , which may be the fool 's paradise , but it is the wise man's scorn : he never attempts to keep up a party against authority with a spirit of contradiction ; not to make differences more or wider than they are to please the people , who love to hear well of themselves and ill of their princes , as you cannot but have heard some degraded courtiers do , who being outed of their employments , or disappointed and defeated of their secular aims , never cease to harangue against what they have lost or miss'd , to satisfie , not their reason , but their revenge . these are the great champions for the church , whom the populacy admires . popularity makes these hectors bold as lyons now , who would fly as fast from danger as any hunted stag , if a blood-bound were at their heels , according to tertullian's observation , novi & pastores eorum in pace leones , in praelio cervos : he was a wise man that told us , that to sawn on the people , is the lowest degree of flattery , and i think he might have added , and the highest degree of folly ; for nothing can be more foolish than to esteem their good opinion , whose judgments we approve not ; for a man to stand in the king's light , on purpose to draw the rowling eyes of the crowd upon himself ; to be look'd at , and to be talk'd of , as a man that would sain be thought considerable by being trouble●ome ; this is indeed the poison of hypocrisie , which destroys many souls as well as disturbs many states ; and therefore when you hear men , so zealous in standing up for goa's glory ; take heed that they prove not chapmen for their own . popularis aurae , vilia mancipia ; that they may be town talk for opposing the king , and attempting to eat them without salt whom the king honours ; to which i am sure it is not the spirit of christi●●ity that provokes them , but a much worse principle . i hope there are but a few of these amongst your fellow members , and that most of you are sincerely resolv'd to go on in the peaceable way which you know to be right , as counting it your glory to have the testimony of your own consciences , bearing witness with you of your ingegrity . if the rest of your brethren will bear you company , in gratifying his maj●sty in his just and reasonable expectation , i know you will be the better pleas'd ; if not i doubt not , but you have courage enough to act vertuously by your self , rather than to do ill for company ; and that you will rather be singular in a loyal vote , than so●iable in the contrary . i am better acquainted with your courage and consience , than to be jealous of this ; not is it to hearten you , but other men upon this occasion , that i say so much on this subject , as becomes every man in my station , who am one of them that watch for your souls , and therefore dare not betray them by my silence , and coolness in god's or the king's cause : my crime would be as deep as my silence ; and my not proclaiming , next to my procuring , the danger you run your selves into , for want of a timely foresight ; the not discovering any net in which you may be unhappily ensnared , and not breaking it too , if we can , would be next to the spreding of it if we could . and i know full well , that cowardice in a minister is worse than in a souldier , by how much our warsare is more hono●●able than theirs ; and i reckon them the most prostigate con●●ards in the world , who are asraid of opening their mo●ths for the king , for fear the people sould open their mouths against them . the fear of offending a private brother is a thing not considerable in comparison of the duty we owe to the publick magistrate ; for this would cut the sin●ws of all authority , and bring the king and his laws into contempt , by gratifying some mens causeless scruples , and others groundless . jealousies : do not therefore so consider roman catholicks , as to forget they are englishmen and good christians ; let anabaptists or prosbyterians act . this part , rather than any true son of the church of england : her 's in which you are embarqued is not a fire-ship designed for destruction , but for edification ; she is for winning men over to her self , with mildness and the spirit of me●knes● , and not for inraging them with violen●e and bitternej● ; and therefore never seck for a loop-hole to creep out of , but stand to her principles ; trouble not your self to enquire whether the thing , which the king expcts , be expedi●nt or not , being well satisfied of its legality ; let the king answer for that● ; god will never lay it to your charge . god guides all princes actions to his own just and wise ends , who can cause the wrath of man to turn to his praise ; his providence and protection , and our prince's conscience and honour , are as good security to our church , as any we can desire ; and she has taught us to reft satisfied with it ; and told us , that religion never prosper'd by any undue practices to advance it . meekness , patience anti humility are those graces of the spirit which convince and convert . i hope time , and a right vnderstanding of our princes exemplary justice , the scredness of his royal word , and the most obliging temper of his person , will allay those dangerous democratical furies , which wheresoever they prevail or enter , possess men with principles of vsurpation , upon the fundamental prerogatives of their sovereign , and design to dives him of the loyal and sincere affections of his peoples hearts : he has done all that any prince can possibly do , to convince the world of his merciful inclinations , to make his moderation known unto all men , whom he can safely trust , as well as to his roman catholick subjects ; and how far he is from incroaching upon any man's conscience himself , or suffering others to do it ; he has made it his business night and day , ever since he sate upon the throne , to allay all heats and animosities , arising from different perswasions in religion , and to unite the hearts and affections of all his subjects to god in religion , to his vicegerent in loyalty , and to their neighbours in charity ; he longs to see us ●t peace with our selves and all the world ; besides he hates to see us forward to do such bloody offices one to another , as turks and jews would be ashamed of ; nothing is so displeasing to him , as to see fellow christians and fellow subjects reviling and libeiling one another , as once constantine did , in the council of nice , killing and treading one another under foot , as in the council of ephesus , and as in the schism of damasus and vrsicinus ; as if christ , the prince of p●●ce , were not yet come into the world , or at least not reveal'd in this part of it . if there be any incendiaries amongst us , religion does not inflame them ; if there be any such feuds religion does not kindle them ; she cannot do that upon earth which she damns to the pit of hell : that which makes grievous to our selves or others cannot be religion ; she teaches us to love our brethren as our selves , and to dwell together in vnity ; and if our practices be accordingly , our principles will easily defend themselves . now is the time for us of the church of england , to remember our doctrine of sincere obedience to the supreme power , a doctrine pleasing to almighty god , and of good report among all princes ; and let us not shew now , when we think our selves touch'd that we were only political and mercenary in our loyalty ; and that as the devil said of job's serving god , it was not for nought ; it may be said of our serving the king too , becausc we had all along the chief countenance and protection of the laws which he made ; and as the phrase there is , had a hedge , made about us , and about all that we had on every side ; but in the case under debate , if any of our communion provoke the king to anger ( who is not , nor will not be angry with us for cleaving to our religion ) let him be his own casuist , whether he pays an intire christian obedience , seeing he would conclude in lessr instances , that the first provocation begins a quarrel ; 't would now be but bantring , to endeavour to commend the king out of resentment of a repulse ; when as indeed , setting aside home reasons , he would appear less considerable in foreign negotiations for the publick good ; when foreign princes shall hear by their ministers , how small influence he can have upon his own subjects at home . 't is too well known , that in the reign of our late gracious sovereign , the like exceptions have been made abroad , upon some ●●●dutiful carriages of his people to him at home , to the dishonour and damage of these three kingdoms . i wis●● w● did all well consider that all penal laws imply a power of relaxation in the legislator , and that the king's government con●sts in imperial as well as political laws ; and therefore is not to be restrain'd upon any pretence whatsoever . constantius setled the arrian , and after him , julian the pagan religion , by their own imperial power and edicts , yet the christians did not controll them ; nor have we any more power to rise up against our king , or to disobey him because he is a catholick , than the romanists had to rebel against queen elizabeth ( besides the question of her right of succession : ) for it is not the law that makes the king , but the king that makes the law ; and though both for his own and the publick interest , which are inseparable , he ought to act according to those laws , which do the more powerfully oblige him , by being his voluntary establishment and the effects of his royal will ; yet justice is not against charity ; and both the interpretation and execution of those laws are in him . in him is acknowledg'd the sole power of raising forces , of granting commissions both by land and sea ; of calling , adjourning , proroguing ana dissolving parliaments , when and where he judges it most expedient ; and in his power it is to remit the severities of penal laws , whereby he may manifest his goodness and clemency , as well as his greatness and justice ; by graciously pardoning both the smaller breaches of his laws , and the more capital offences which he might most justly punish . from him all places of highest trust derive their authority . it is his commission they act by , when they put his commands and laws in execution ; and without , or against his will and consent nothing can be legally acted or done . his parliaments concurrence with his desires is always kind and convenient , though not always absolutely necessary . and i do , with ●●hmission offer to those of your illustrious and loyal assemby , whether in this affair , of which i am seaking , it be not consistent with your wisdoms , to follow a course used in many cases , by a court as politick as any in the world , that of r●me , who when they are advertis'd of something passing by a prince , which formerly came from them , do immediately dispatch away the grant to the same effect , to save their pretensions of right to do it . before king james the first 's time , you will hardly find , that the sovereign's proposa● were ever rejected by parliaments , and yet their petitions have oft , with good reason , been denied in queen elizabeth's time the publick bills were drawn by the privy-council , and underwent afterwards very calm , gentle and short debates in parliament . but that which may stick still with some of you , in the present case , is , your answering the king's expectation , will look like a giving away your religion : it may look so to some pur-blind people , who see but little before them , and then the reason is no better than popularity , which is now adays grown amongst persons of quality as common and great a fault as oppression was formerly . but how is our religion given away by your consent to that , which your dissent cannot hinder ? it is our interest as well as our duty , not to be wanting to them whom the king esteems and honours in any acts of friendship which are consistent with a good conscience ; and to susser our city gates to stand wide open for them , that they may go in and out at pleasure , and partake of all the benefits and privileges which we enjoy . no man ever did a good turn of friendship to another , but at one time or other he himself eat the fruits of it . let it be remembred , in what good condition the protestant religion is in many government within the german empire , by allowing privileges to those of the church of rome : how well assured the governments are of their containing entirely faithful , when these people have equal assurances with other subjects of their remaining safe . waving , many instances which that empire affords , let us look into that of brandenburg the religion of which country is lutheranism , and is so preserv'd by the elector , though he many years ago became a calvinist ; nor will this change seem small to those who are acquainted with the mutual slender amities of those two perswasions the men of ink and gall , on both sides , blackning one another , and interchangably representing the opposite opinions to be sowler than popery it self in their eyes : but yet in this electorate , such was the wisdom of his highness , that he freely gave in assurance to keep the publick rel●gion as he found it ; and such has been his faith and honour , that he has been sacred to his ingagements . on the other part , these graces have been suitably received by his subjects , that as he makes them happy , so they , and his own prince-like vertues , have rendred him the most glorious prince that ever brandenburgh enjoyed ; and , if we do our part like them , ve have no occsion to question his majesty's doing his. though he keeps many calvinist ministers about him , and make use of the laity who worship in his way ; yet the others do not repine at it ; much less ought we to grudge them he fruits of the king's favour , who were as loyal actors , in the late times of rebellion , and g●eater sufferes than we ; they who suffer'd with and for him , might modestly have expected to have been restored to their privilegs of true english subjects before now , and to have been rais'd above contempt and danger . i speak not this to teach our senators wisdom but shall pray to god who stands in the congregation of princes , and observes , not only all their ways , acting and proceedings , but even the most secret designs and intentions of the hearts of every one of them from whom alone cometh all council , wisdom and vnderstanding ; that when by the authority of our sovereign lord the king , you shall be lawfully gather'd in his name , to consder , debate and determine this , and other weighty matters , both of church and state , he would send down his heavenly wisdom from above , to direct and guide you in all your consultations : that having his fear always before your eyes , and endeavouring to lay aside , so far as humane frailty will permit , all private interests , prejudices and partial affections , the result of your councils , may tend to the glory of his blessed name , the maintenance of true religion and justice , the sa●ety , honour and happiness of the king , the publick wealth , peace and tran●uillity of this realm , and the uniting and knitting together of the hearts of all estates and persons , within the same , in true christian love and charity one towards another : which will be your greatest honour here , and the way to eternal glory hereafter . but if any in your high station should say , such i mean who sit upon the same bench with you , we are so far from grudging papists the power into which his majesty has been pleas'd to put them , that we will leave all to them , and we will be ever loyal , but we will not act in the same commission with them , either civil or military . these men , who are such ne●er-passive loyalists , may do well to consider , that this their peevish resolution is disagreeable to their allegiance at large , to their duty by law , and to the interest they espouse . their principle is wholly destructive of loyalty ; for to be loyal and not to serve the king when requir'd , is a plain contradiction ; since loyalty is not like a civil ceremony , but , an obligation laid upon us by the highest law , to obey those placed over us ; against whom he does passively rebel , who is unactive in their service . and therefore the primitive christians obey'd their emperors , though heathens , with the hazard of their lives and fortunes ; and shall we , that are the sons of the charch of england , resuse the lawful services of a most christian and gracious king ? whom we are obliged to serve without ifs and and 's , as well when he frowns upon us as when he favours us , for this is the only way to be god's favourites as well as his , and to prove our selves members of christ as well as of the commonwealth . 't is a known maxim in the civil law , that subjects ought not only to obey the government , but to be instruments of it too ; without which the government could not be carried on , and the greatest princes would have less effectual authority than a centuriom has , who says to one go and he goes , to another , come and he comes , and to a third , souldier do this , and he does it : and our common law has therefore establish'd this sudalternacy of obeying and bearing part in the government , of which sr. thoma● overbury's case and imprisonment is a pregnant instance 〈…〉 n it be justly said , that it was an over-stretching of 〈◊〉 prerogative , for the like was after practi●'d upon sr peter h●●●●n , who for behaving himself ●●ke some other muti●●●● 〈◊〉 ●ons , in one of the last parliaments of king cha●●● 〈…〉 , was sent , against his ●iking , on ●r e 〈…〉 tinate ; and though the w 〈…〉 ce in the parliament of f●ay 〈…〉 at that or any other t 〈…〉 him an illegal . no prince could 〈◊〉 a k 〈…〉 ou● this right of compel●ing his subjects to m 〈…〉 respective offices under him and as to acting in the commission of peace , the great chancellor , in the late king's time , in the case of an irish noble man seated in england , and refusing to take the oath of a justice of peace , declared , that he ought to do it , and every man else nam'd in the king's commission : and therefore they are unpardonable to dispute it now , who have already taken their oaths and acted many years accordingly . nor is it less against your interest than your duty , to withdraw your services ; for if you quick-sighted men , who sit higher than your neighbours , spy more damages and mischiefs coming on the country , than we can see , from those who are newly put into commission , you have the more reason not to desert your station . there were many gentlemen in the rebellious age before the king's restauration , who , acting under the usurper's commission , told their confiding friends , they indur'd it only in order to the serving the king and the loyal party ; how much rather should men now serve the king , and subalternately those that serve him , when they are called to do it by a lawful authority ? let them also consult their honour as gentlemen , and shew a courage besitting their quality , like that brave roman , who did not , like other mean spirits , sneak out and quit his post , but generously profest he did not despair of the commonwealth , nor would he desert its service : if they to whom this is urg'd , say , no more do we ; we acquiesce in the kin'gs pleasure , but we care not for acting ; their laying down thus , is an impeachment of their loyalty ; for hereby do they raise or increase the groundless fears and jealousies of the people , who will be over-apt to conclude , that if those leading men in the country , upon whose conduct they safely relyed , withdraw themselves , all is lost ; religion and property are vanish'd ; whereas you are the only men who can and should take them off these mistakes , by giving them to understand , that the current of the law is as clear as ever , and that the king does no more for his own religion , than every prince in the world does for his ; nor less for ours , than will suffice to make us happy , if we had but wit enough , to know when we were so . that , as to the mixture of popish and protestant justices , ireland has been long so govern'd and with good success ; and as the greatest number of our present statute laws were made by their ancestors council and consent , then of the same religion they now are of ; so we have no reason to question but they will be as forward to execute , as the others were to get them inacted . and if , after all , they confess , as all ingenuous and considering men must , that they could consent to the repealing and taking off the capital , penal , and disabling laws against the roman catholicks , but they could not answer it to their counties for which they serve ; they need not be told ( who were such apt scholars in the tender point of privileges . of parliament ) that their power is more than that of the states general of the united provinces , for they may not only consult but consent without those who sent them ; and if they dare deny it , send a serjeant at arms for them ( as you know they lately did , how legally i dispute not . ) and since those states , in the late king's time , concluded with him a point of mutual benefit , without ever sending to their principals , and were afterward thanked by them for it ; with more right and with as good success , may they concur with the king's motion , if it be consider'd , that they were not chosen by men of that antimonarchical spirit , who generally prevail'd in the three elections before this . and as to those of the opposite party , who can think their thoughts are likely to be like lycurgus his defence of his laws , that though they were not the best , they were as good as then could be made ; and seeing they surmize that some men endeavour to bring parliaments into disesteem , as stulborn and intractable , and therefore useless ; in prospect of this and what may probably ensue , it will undoubtedly be prudent , to give up many points formerly contended for , with too much eagerness and too little justice ; by which compli●●ces with the royal power and goodness , they may have fresh and larger assurances of saving the main sta●● thus have i honestly esiay'd to give you the best resol●uic● i can of the case in q●j●ion , whether the thoughts which were to my satisfaction , will prove so to your's or others more fearful and jealous in the commun●●● , of our church , i know not ; but i hope they will , and wish they 〈◊〉 not only for the king's service and satisfaction , but for their own and peace sake . he was a sound politicia● , who told us , that for the maintenance of a religion long in being , it is necessary oft times to reduce it to its first grounds ; nor do i think it would argue want of policy or piety in the sons of the church of england , to study the primitive constitutions of the same , and to re●ect upon the peaceable temper of the first reformers , and to con●●der what one of our best casuists , our church ever bred , tests us , in the case of one of our church marrying with a recusant , that in points , wherein the substance of christianity consists , the fundamental articles of the christian religion , we both agree . and that he who rightly understands those catholick truths , taught in the catechisms of both churches ; and concerning which all christendom , in a manner , are at a present accord ; and will also suffer himself farther to consider , that the church of england does not impose upon the judgments and consciences of her members , any thing to be believ'd or receiv'd as of necessity to salvation , but what is truly catholick , and confessed by her adversaries so to be ; and consequently , that the differences between her and the romish party , is wholly about those additionals or superstructures , may easily rest ; satisfied in his judgment and conscience , that the thing desir'd is not simply evil , and ●o●ogenere , unlawful , but expedient ; and as the exigencies and the conjunction of our present circumstances , and the probability of the good and evil consequences of it , prudently laid together and weigh'd one against another require , are little less than necessary . and in truth , did we live up to the rules and canons of the church , the differences between them and us would not appear so many and so great , but that we might hope under so gracious a prince , who has a kindness for both , to become at last , if not men of one judgment , yet at least of one heart . i will allow such a casuist as ferguson to repute the terms of union with rome , impossible and absurd , for so they must needs be , to such an arch-schismatick and traytor as he is : but if we consider , that there are a great many truths of so little value , that a wise and good man would part with them all for a grain of charity ; and how dangerous it is and damnable , to rend the peace of the catholick c●●●●h , we shall not be so stiff and inflexible , so tenacious and unyielding , even in matters of so small moment , as we too familiarly are to so shameful a degree of obstinacy , that we will not stir an hairs breadth to win a brother , no not to gratifie a prince : intreat , perswade or convince them ( non persuadebis , etiamsi persuaseris ) still they hold their principle , which is none of the best ; obtain all , yield nothing ; so far are they from being arm'd with epaminondas his brave heroick resolution , totius orbis ●●●itias despicere prae patriae charitate ; to despise private interests for love of the publick peace of church and state. this were such a self-dental , as would adorn a christian , and speak him truly catholick ; and if distempers in the body natural and political are reduc'd by physicians and politicians , not to what they should be , but what they can be ; then let us not strive to advance our christian liberty , above the laws of sobriety , charity and government , nor endeavour to serue any peg so high in the church as to make a discord in the state , but endeavour calmly to perswade and convince men by the scriptures and reason ; for though the ministry and service be ours , yet the dominion is his who bears the sword , and whose friends must be ours , or else we are not chrict's nor our own . we may keep our consciences tender , but not so raw as to kick and wince at all which touches us , or which we understand not . remember that of lactantius , quae , ubi , aut qualis est pietas ? n●mirum apud eos qui bella nesciunt , qui concordiam cum omnibus servant , qui omnes homines pro sratribus diligunt , qui ●ohibere iram sciunt , omnemque animi furorem tranquillâ moderatione lenire : such an evangelium armatum as some warm disputants would make our religion favour , would better become john goodwin to publish , who was better skill'd in the methods of embroiling three kingdoms , than any true sons of the church of england , whose laws are not like draco's the athenian , written in blood : her heart is not so petresied as to rejoyce in evil ; she abhors all living bonefires ; she prays for the conversion of her's and god's enemies , and delights in their reformation , but not in their ruine ; her commands are like her saviour's with the sceptre and not with the sword , unless it be of the spirit , which she never suffers to make way to mens consciences by cutting through their flesh . let my soul never come into such bloody councils at these . the greek church approves not to this day , the putting hereticks to death ; and we have great reason to bless god and the king , that our writt , de haeretico comburendo , is taken away by act of parliament ; and may all other sanguinary laws perish and be abolish'd as well as that , made in this or any christian state , against men upon the score of christian religion , if the most notorious offenders against it be punished with a civil death here , and an eternal hereafter , 't is sufficient : defendenda est religio non occidendo sed moriendo . aut hoc non est evangelium , aut nos non sumus evangelici ; fraterna necessitudine cohaeremus , quam qui non agnoscit injustus est : christianity binds us to purchase peace at interest , rather than keep up a party against it ; for there is such variety of education , interest , and custom in the world , that he who resolves to yield to no body can agree with no body . christ comply'd with the rites and customs he found in the world , and condeseended to the very humours of stubborn people , to ingratiate himself and his doctrine : and erasmus hated discord so much , that he lov'd not any truth that might occasion it , mihi sane adeo invisa est discordia , ut veritas e●iam displiceat seditiosa : nor can any desire to keep the wounds of the church or kingdom open , but such as would he better pleas'd to suck the blood of both ; and peaceable princes have a happy time of it , to serve the humours of such men , and receive such encouragements as they daily give them . there was to be no destructive beast in all god's holy mountain ; the beasts of prey came down from mount seir , and not from mount sion . if the counsels of any of the enemies of our church be of men or devils , it will come to nought ; but if it be of god , we cannot overthrow if , least happily we be sound fighters against god ; and if ever we hope upon good grounds to ride on and prosper , it must be because of our truth , and right ●ousness , and meekness , not of humour and petulancy ; for this is a time of healing , and not of troubling the waters . there is nothing wanting to make us live quietly one by another , though of several judgments , whilst we agree in the fundamentals of religion and loyalty , but the subduing of our own inordinate affections . did we take up the cross to lay it upon other mens shoulders ? or do we fellow christ : , as the jews did , to crucisie him ? this is to love christ and the king as men do one another , till they be brought to the tryal : goodness is the best note of the true church , and i hope will prove the inseparable character of ours ; for , i am sure , none are so affable to their brethren on earth , as they that have their conversation in heaven . if we will suffer it , our religion is ready to tye the gordian-knot of kindness between us , and all who deserve the name of christians ; it will breed an harmony in the affections of all the king's subjects who receive it ; it will sublimate and spiritualize their humanity , and draw it off from all the dreggs of malice and uncharitableness , and teaches us to love the king for his goodness , as well as others to fear him for his resolution . the samaritans held it an abomination to come near a man of a different religion or perswasion from them , but we have not so learned christ ; may there never any s●●i●e be heard amongst us , but who shall strive first and most to serve god and the king ; unless you loath your present manna , and long for your old aegyptian leeks and garlicks , you will not make others look like devils , that you may look the more like saints , but you will join with the church and the meanest of her children , and say a hearty amen to this prayer , domine da pacem in diebus nostris ; and spend your time in prayers to the god of peace , that you may prevail to stisle and put out those dissentions which the divel has kindled among us ; and in tears if you cannot , so shall ye be sound in peace by the prince of peace at his coming , without spot and blameless , and our hierusalem be built up as a city at unity in it self . sir , i have not martial'd my thoughts into such a method as i should and would have done , if my time and other accomplishments had born any proportion to your expectations , and the duty of such an undertaking ; but i hope i have said enough to make it plain to all the true and well-meaning sons of the church of england ; that what i have press'd you and them to do , and resolve , by god's assistance , to practise my self , is st . a duty we owe to almighty god , by whom all kings reign ( who are not the peoples creatures but his vicegerents ) not intrusted with theirs , but invested with his authority . the powers that be are ordain'd of god , and as he that resists them , resists the ordinance of god ; so he that dishonours them , dishonours god's ordinance , and by consequence god himself . and as respect for the king's sake , is to be paid to all such persons as he deputes to sustain his authority and represent his person ; so much more for god's sake , is honour to be paid to the king , whom god hath commission'd to be his deputy on earth , and invested with the largest share of his authority . besides , god hath expresly commanded us to honour the king , and twice joyn'd it with a precept to fear him , to denote that none can deny the king honour , but such as have no fear of god before their eyes ; and that without disobedience to god we cannot refuse to honour the king , both as a christian and a king : and here , once for all , let it be observ'd , that when st. peter wrote his first epistle , and therein gave christians that precept of honouring the king ; he , who then govern'd them , was none of the best , but perhaps one of the worst in the world who ever wore an imperial grown ; a profest enemy , not to christianity alone , but to morality too . nero was at that time the roman emperor , who was not only an heathen , and of a different religion from them ; but also as tertullian stiles him , dictator damnationis●nostrae , the first persecutor of the christian religion , which shews him to be of none at all . and yet such a king they are commanded to honour , which may assure us , that 't is the king's authority , abstracted from his personal qualifications , which we are to honour ; be his religion what it will , be it any or none at all ; if he be our king , god requires us to consult his honour in all things ; and without disobedience to god , i hope i have sufficiently prov'd that we cannot do otherwise . every true son , therefore , of the church of england , who acknowledges his majesty's title to the imperial crown of these kingdoms to be unquestionable , must conclude it to be an indispensible duty , which he owes to almighty god , to say and do all that he lawfully may for the king's honour . dly . 't is a duty which we owe to the king , and that not only because god hath by the divine law given him a right thereunto , but also because the benefits which we enjoy under his government deserve if . do we not enjoy publick peace and preferments , and the free and publick exercise of our religion , which is a blessing infinitely more valuable than any of which we can be ambitious , on this side heaven ? he hath not only indulg'd that to us , but by many most gracious , solemn and reiterated promises , engaged his honour and fidelity to protect us in it ; which we must honour for the church's magnâ chartâ , the more transcendent act of grace , because not extorted by rebellion , and a security more firm than any law , which cannot tye a king ( who is declared the supreme judge of the law and above it ) so fast as the obligations of his own royal word and honour do it . and is there nothing due for so high a favour ? are not we to be extreamly ●ender of his honour , who is so under of our happiness , as that he may justly be stiled the defender of our faith , as well by desert as by inheritance ; as not only to protect it from real dangers , but also to protect the professors of it from their own fears ? if a nero be to be honoured , much more a titus or vespasian : if a tyrant ( who was a disgrace to humanity , ) much more an indulgent father of our church and country ; one whose clemency makes him the delight of mankind , and one whole royal word gives his subjects the belt security of which they are capable . dly . 't is a duty we owe to our country : the king is the light of our israel , as david is stil'd ; and the more bright and resplendant this light , the more bright , powerful and benign rays and influences will it diffuse among us . he is the breath of our nostrils ; and if our undutiful and indecent behaviour towards him do eclipse his honour , by interposing any thick body between him and his peoples hearts , or taint the nations breath with an ill savour , it would be a sad symptom of the decay of its vitals . who knows not , that the usual methods of treason and rebellion have been first to blacken the prince , and make him seem vile to the people , and then to tempt them to oppose and resist him ? first to represent him in some soul shape ( as the heathen persecutors did the primitive christians , when they cloathed them in beasts skins ) and then expose them first to be derided , and at last to be devoure'd ? and what did any nation ever get by rebellion , but expence of treasure and blood , rapine , misery and ruine ? in which point , if we are yet unsatisfied , let us lit down and cast up the accounts of ours from forty to sixty , the summa totalis of which will be found to be nothing on the balance , but the loss of our liberties , properties and religion , with the additional interest of slavery , intailed upon us and ours for so many years . can we then better consult the kingdoms good at this time , than by maintaining the kings honour , or take a better course to keep it in peace and plenty , than by keeping up a good opinion of our most gracious prince among his subjects ; or shew our selves greater patriots , or better friends of our country , than by being zealous for our prince's honour , and jealo● of all those words or actions , which may secretly undermine it ? thly . lastly , this is a duty we owe to our dear mother the church of england , from whose breasts we have suck'd an untainted loyalty , and by whom we have been trained up to a most tender zeal for the honour and service of our king , without any relation had to his religion . it is well known , that no church under heaven ever taught her children more loyal principles , or more constantly than she has done ; and therefore no children on this side hell , would be more unpardonable for acting distoyally than hers . she never allow'd any pretence whatsoever to dising age us from our loyalty ; nor did she ever absolve us when we appear'd to want it , but upon sound and sincere repentance . the more inexcusable then were we , if we should disgrace our breeding and education under her most excellent instructions with any contrary practices : and the more indispensibly are we oblig'd to lay hold of those opportunities , which the providence of god does now offer us , to give the world such a convincing testimony of our loyalty , as unless the true genuine sons of the church of england shew , i question whether it will ever see . catholick loyalty i mean , not only bearing patiently , but dearly loving , and devoutly honouring our prince , though of a different religion , and not speaking ill of any thing , of which he hath himself entertain'd a sacred , or would have us have a good opinion . and thus far have i , in obedience to your commands , expressed as plainly as i could , the judgment of my own mind , about this important and seasonable duty . i am so sensible of my own unfitness for an undertaking of this nature , that nothing but your's or a greater command , could have drawn me to make such an essay ; least so good a cause should suffer more by my weakness than gain by my zeal : however , such as it is , i humbly submit it to your better judgment ; not doubting but that whatever you judge to be said amiss , will be , by your charity , as if it had never been said by me , and corrected by your christian prudence : and if any thing be said that may be capable of doing his majesty any service , you will conceal the author , least his obscurity prove an obstacle to the efficacy of his arguments . who will live and die a true son of the church of england , a loyal subject to his majesty , and your humble servant , a. b. finis . notes, typically marginal, from the original text notes for div a -e cor. . . la●ant . ● . tertul. ad ment. sam. . cor. . . smith's select disc . . ibid. . ephes . . . heb. . . sedulius hymn bract. de leg & cons . l. ● . . n. . ibid. p. ● . v. , . & . ad . kings . . sam. . . sam. . ps . . . sam. . . eccl. . . job . . j●r . . . pet. . , , . sherlock of relig. asserts p. prov. . . num. . . juvenal . joh. . . kings . , . josephus aniq. . . t●n . ● . & . q. mar. cap . col . , . can. c. . bramhall repl. . jer. . ductor dub . , ; . can. bp. taylor 's case of conf. . . . ductor dub . . . p. joh. . . cron. . . cron. . . ezra . neh. . . samar . revis'd , . p. . cor. . . ductor dub . p . ● . . ● . r. . jam. . . acts . . luke . . ma●hia . vel p ● bp. sanderson's . cas . p . fergus . inter. of reas . . p. . ifa . . . ●● . p● . . prov. . pet. ● . . sam. . . jer. . his majesties two gracious letters, viz. one sent to the house of peers, by sir john grenville knight, from breda. the other, to the lord mayor, aldermen, and common council of the city of london. charles ii, king of england, - . this text is an enriched version of the tcp digital transcription b of text r in the english short title catalog (wing c ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo b wing c estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. b ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) his majesties two gracious letters, viz. one sent to the house of peers, by sir john grenville knight, from breda. the other, to the lord mayor, aldermen, and common council of the city of london. charles ii, king of england, - . sadler, anthony, b. . city of london (england). court of common council. sheet ([ ] p.) re-printed by christopher higgins in harts close, over against the trone-church, edinburgh : . caption title. with royal coat of arms and initial letters. also includes response from the common council, "holden the first of may, ," expressing "most humble and hearty thanks to his majesty ...". reproduction of the original in the national library of scotland. eng great britain -- politics and government -- - -- early works to . great britain -- history -- restoration, - -- early works to . broadsides -- scotland -- th century. b r (wing c ). civilwar no his majesties two gracious letters, viz. one sent to the house of peers, by sir john grenville knight, from breda. the other, to the lord ma charles ii, king of england a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion c r honi soit qvi mal y pense royal blazon or coat of arms his majestie's two gracious letters , viz. one sent to the house of peers , by sir john greenvile knight , from breda . the other , to the lord mayor , aldermen , and common council of the city of london . charles r. right trusty and right well-beloved cosins , and right trusty and well-beloved cosins , and trusty and right well-beloved , we greet you well : we cannot have a better reason to promise our self an end of our common sufferings and calamities , and that our own just power and authority , will with gods blessing be restored to us , than that we hear you are again acknowledged to have that authority and jurisdiction , which hath alwayes belonged to you , by your birth , and the fundamentall laws of the land : and we have thought it very fit and safe for us , to call to you for your help in composing the confounding distempers and distractions of the kingdom , in which your sufferings are next to those we have undergon our self ; and therefore you cannot but be the most proper counsellors for removing those mischiefs , and for preventing the like for the future : how great a trust we repose in you for the procuring and establishing a blessed peace and security for the kingdom , will appear to you by our enclosed declaration ; which trust , we are most confident you will discharge with that justice and wisdom , that becomes you , and must alwayes be expected from you ; and that upon your experience , how one violation succeeds another , when the known relations , and rules of justice , are once transgressed , you will be as jealous for the rights of the crown , and for the honour of your king , as for your selves : and then you cannot but discharge your trust with good success , and provide for , and establish the peace , happiness , and honour of king , lords , and commons , upon that foundation which can only support it , and vve shall be all happy in each other : and as the whole kingdom will bless god for you all , so vve shall hold our self obliged in an especiall manner to thank you in particular , according to the affection you shall express towards us . vve need the less enlarge to you upon this subject , because vve have likewise writ to the house of commons , which vve suppose they will communicate to you : and vve pray god to bless your joynt endeavours for the good of us all ; and so vve bid you very heartily farewel . given at our court at breda , this _____ day of april , . in the twelfth year of our reign . charles r. trusty and wel-beloved , we greet you well . in these great revolutions which of late have happened in that our kingdom , to the wonder and amazement of all the world , there is none that we have looked upon with more comfort , than the so frequent and publick manifestations of their affections to us in the city of london , which hath exceedingly raised our spirits , and which , no doubt , hath proceeded from the spirit of god , and his extraordinary mercy to the nation , which hath been encouraged by you , and your good example , to assert that government under which it hath so many hundred years enjoyed as great felicity as any nation in europe , and to discountenance the imaginations of those , who would subject our subjects to a government they have not yet devised ; and to satisfie the pride and ambition of a few ill men , would introduce the most arbitrary and tyrannical power that was ever yet heard of : how long we have all suffered under those and the like devices , all the world takes notice , to the no small reproach of the english nation , which we hope is now providing for its own security and redemption , and will be no longer bewitched by those inventions : how desirous we are to contribute to the obtaining the peace and happinesse of our subjects , without further effusion of blood ; and how far we are from desiring to recover what belongs to us by a war , if it can be otherwayes done , will appear to you by the enclosed declaration , which , together with this our letter , we have entrusted our right trusty and welbeloved cosin the lord viscount mordant , and our trusty and welbeloved servant , sir john greenvile knight , one of the gentlemen of our bed-chamber , to deliver to you ; to the end that you , and all the rest of our good subjects of that our city of london ( to whom we desire it should be published ) may know how far we are from the desire of revenge , or that the peace , happinesse , and security of the kingdom should be raised upon any other foundation than the affection and hearts of our subjects , and their own consents : we have not the least doubt of your just sense of those our condescentions , or of your zeal to advance and promote the same good end , by disposing all men to meet us with the same affection and tendernesse , in restoring the fundamental laws to that reverence that is due to them , and upon the preservation whereof all our happinesse depends : and you will have no reason to doubt of enjoying your full share in that happinesse , and of the improving it by our particular affection to you . it is very naturall for all men to do all the good they can for their native country , and to advance the honour of it . and as we have that full affection for the kingdom in general , so we would not be thought to be without some extraordinary kindnesse for our native city in particular , which we shall manifest on all occasions , not only by renewing their charter , and confirming all those priviledges which they have received from our predecessors , but by adding and granting any new favours which may advance the trade , wealth and honour of that our native city , for which we will be so solicitous , that we doubt not but that it will in due time receive some benefit and advantage in all those respects , even from our own observation and experience abroad ; and we are most confident we shall never be disappointed in our expectation of all possible service from your affections . and so we bid you farewell . given at our court at breda , the _____ day of april , . in the twelfth year of our reign . to our trusty and wel-beloved , the lord mayor , aldermen , and common council of our city of london . at a common council , holden the first of may , . ordered by this court , that the right honourable the lord mayor do acquaint the lord viscount mordant and sir john greenvile ( who brought the said letter and declaration ) that this court do return most humble and hearty thanks to his majesty for his gracious condescentions to , and owning this court and city , expressed in his majesties said letter and declaration : and do likewise return hearty thanks to the said honourable persons that brought the said gracious message : and do declare this courts ready submission to his majesties government : and that in testimony thereof , they had now taken down the commonwealths arms , and ordered his majesties arms to be set up . and further , that this court do beg the favour of the lord mordant to return with an answer in writing to his majesty from this court . and also , that this court do intend very speedily to send members of their own to wait on his majestie . sadler . edinbvrgh , re-printed by christopher higgins , in harts close , over against the trone-church , . a letter from sir george booth to a friend of his shewing the reasons of his present engagement in defence of his countries liberties, &c. delamer, george booth, baron, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing d thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) a letter from sir george booth to a friend of his shewing the reasons of his present engagement in defence of his countries liberties, &c. delamer, george booth, baron, - . sheet ([ ] p.) s.n., [london : ] sir george booth = baron delamer. in support of a free parliament. signed and dated at end: george booth. chester aug. . . imprint from wing. annotation on thomason copy: "august .". british library copy cropped at head, with some loss of print. reproduction of the original in the british library. eng england and wales. -- parliament -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no a letter from sir george booth to a friend of his; shewing the reasons of his present engagement in defence of his countries liberties, &c. delamer, george booth, baron c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion 〈…〉 present engagement in defence of his countries liberties , &c. ●ir , i think my self , and the gentlemen and others you know to be now engaged with me , have no hopes by new troubles to better our present condition ; with thankfulness we may say it , god hath made our lot larger than our desires in that kind ; and we suppose by that blessing , put an obligation upon us , as we are considerable members of our countrey , to have more sober and couragious thoughts in time of extremity than other men have : and though the indifference that lies upon other mens spirits might flat ours , yet we tannot think , but if it were represented to them , how the present power doth obliege us to put out our right eyes , when they require us to acknowledge them as a parliament , and lay upon us such heavy and grievous burthens , and such deceitful ones , as a years tax in three moneths , besides the many other impositions of excise , &c. and by raising among us a militia , they cut off our right hand , by subjecting us under the meanest and most fanatick spirits of the nation , under pretence of protection ; their spirits would be warmed into the same zeal and indignation that ours are kindled with . now consider what it is we ask , and consider whether it be not the same thing we have asserted with our lives and fortunes ? a free parliament : and what a slavery it is to our understandings , that these men that now call themselves a parliament , should declare it an act of illegality and violence in the late aspiring general cromwell , to dissolve their body in . and not make it the like in the garbling the whole body of the parliament from to , in . what is this , but to act what they condemne in others ? why do they associate themselves to the present army , or indeed to the present commanders in chief , and keep out their numerous and fellow-members , if committing violence on a parliament be so notorious a crime ? and how do they teach the souldiers boldly to do that , which themselves practise , and make them instruments of ? what is this , but under another shape to act the condemned acts of usurpation and tyranny in their old general ? what is this , but to necessitate men to complain ? and upon complaints , to be invaded by their power , so to raise ( if the english spirits be not dissolved into baseness and aptitude for slavery ) a civil war , and to endevour to water their owne root with the blood of many thousands of their countrey-men ; or to gape after those confiscations , which by a victory , upon presumption of the unity of their army , they hope to gain over all those that dare with danger assert their liberties , ( which presumption yet may fail them ; for the souldier hath , and may declare himself , no mercenary but an english freeman ; which indeed , thought it be now contrary to his actions , may return into his thoughts again : ) and what will be the issue of all this ? a mean and schismatical party must depress the nobility and understanding commons ; the land must waste it self , and forainers , or others , must take the advantage of all . i dare say , i profess for my self , and the greatest part with me , we have no aspect but this singly , that we be not possest , as waste ground is , only by the title of occupancy , or that the next that gets into the saddle ride us . let the nation freely choose their representatives , and they as freely sit without awe or force of souldiery ; and whatever in such an assembly is determined , shall be by us freely and cheerfully submitted unto . if this satisfie you , i am glad of it , for you are my noble friend . i use it not as an artifice either to engage you , or to make other counties follow our example . which if they doe not , let their posterity judge their action and ours : for we were born for our countrey ; and our countrey , our religion and laws are in danger , and we will not be unconcerned : but we are faithful and peaceful in the land , and if they in authority will decline hostility , and agree of a means to admit the old members of both houses , or to call a new free parliament , let him be ( and he only is truly ) a traitor , that resolves not his judgement and obedience into their determinations . i am ( sir ) chester aug. . . your humble servant george booth . to the kings most excellent majesty the humble petition of the gentry, citizens, and others, your majesties loyall subjects of the county and citie of york. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing t ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing t estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) to the kings most excellent majesty the humble petition of the gentry, citizens, and others, your majesties loyall subjects of the county and citie of york. charles i, king of england, - . broadside. printed for joseph hunscott, london : [i.e. ] reproduction of original in the harvard university library. eng yorkshire (england) -- politics and government. yorkshire (england) -- history. great britain -- politics and government -- - . a r (wing t ). civilwar no to the kings most excellent majesty the humble petition of the gentry, citizens, and others, your majesties loyall subjects of the county an [no entry] a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - elspeth healey sampled and proofread - spi global rekeyed and resubmitted - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion honi soit qvi mal y pense royal blazon or coat of arms ❧ to the kings most excellent majesty . the humble petition of the gentry , citizens , and others your majesties loyall subjects of the county and citie of york . most gratious soveraign , we your majesties faithfull subjects and petitioners , do in all humility acknowledge your majesties aboundant grace in calling this present parliament , to consult with , and advise your majestie touching the redresse of the oppressions , and other grievances of your subjects , both in the church , and civill state of this your kingdom of england : and we do with like humble thankfulnesse , acknowledge your majesties forwardnesse and fatherly care to relieve them , declared by sundry most just and excellent laws already enacted , for the re-estating of your subjects in their antient rights and priviledges , and for taking away part of those pressures that lay upon them . and amongst the rest , we have more particular cause to be thankfull for your majesties gratious care , in part securing this county , by putting a garrison into hull , commanded by such persons , in whom we have just cause to confide : which princely proceedings of your majesty hath infused a strong confidence into your petitioners , that your majesty inclined to ease your subjects in all whatsoever grievances ; whereof they have complained to your majesty in parliament , as well touching reformation of church government , and ceremonies in religion , as touching the civill government , and administration of justice , yet so it is most gratious soveraign , that now of late the rights , and liberties of parliament , being the representative body of the whole kingdom , and the rights and liberties of every subject involved therein , have been in a most dangerous and unusuall manner invaded and violated : whereof we , with the rest of your majesties loyall subjects ( to our unspeakable grief ) are most senseable ; and to enlarge the cause of our sorrows , we do now understand that your majesty hath withdrawn your royall presence , from your great councell , who wanting the comfort of it , are not able to proceed with such effect , as is requisite in those great affairs of church and state , that are daily presented to them ; which characters of displeasure , we humbly presume , have been engraven in your majesties most gratious disposition , by the subtile work and councell of those disaffected persons , who study nothing more , then to beget differences and jealousies between your majesty , and your more loyall subjects of the reformed religion , with intention to hinder and disturb the perfect reformation in matters of religion , and sending over succours to your distressed protestant subjects in ireland , where the papists do most inhumanely destroy all that will not renounce the reformed religion , and embrace popery . your majesties petitioners therefore most humbly pray , that your majesty will be pleased henceforward to shut your sacred ears against such malignant councells , and in all affairs to repose your confidence wholly upon the wisedome and fidelity of your great councell now assembled in parliament , and by their advice to settle and dispose such places of trust , as may conduce to the safety of your majesties dominions ; not doubting but their care will equally tender your majesties honour with the publike interests and welfare of your kingdomes . and that those members of parliament lately accused of treason may have a fair and speedy tryall , according to the priviledge of the house , that so they may either receive condigne punishment . if they have offended , or being acquite , may cheerfully attend those weighty affairs , appertaining to their charge . and lastly , that your majesty will not hereafter suffer to be enterprised any thing tending to the violation or breach of priviledges of parliament . and your petitioners shall pray for your majesties long and prosperous raign , &c. this is the perfect copy which was presented to his majestie this instant february . febr. . london , printed for joseph hunscott . . an order of the lords spiritual and temporal, assembled at westminster, in the house of lords, december . . england and wales. parliament. house of lords. approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing e a estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) an order of the lords spiritual and temporal, assembled at westminster, in the house of lords, december . . england and wales. parliament. house of lords. sheet ([ ] p.). printed for awnsham and william churchill, london, : m dc lxxxviii [i.e. ] orders all papists to leave the city of london. reproduction of original in the henry e. huntington library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng anti-catholicism -- england -- london great britain -- politics and government -- revolution of . london (england) -- history -- th century. broadsides -- england -- th century. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - elspeth healey sampled and proofread - elspeth healey text and markup reviewed and edited - pfs batch review (qc) and xml conversion an order of the lords spiritual and temporal , assembled at west minster , in the house of lords , december . . present , lord archbishop of york . duke of norfolk . duke of somerset . duke of grafton . duke of ormonde . duke of beaufort . marquess of hallifax . earl of oxford . earl of shrewsbury . earl of kent . earl of bedford . earl of pembroke . earl of dorset . earl of northampton . earl of devonshire . earl of bolingbrooke . earl of manchester . earl of mulgrave . earl of rivers . earl of stamford . earl of winchelsea . earl of thanet . earl of scarsdale . earl of clarendon . earl of craven . earl of burlington . earl of sussex . earl of maclesfield . earl of radnor . earl of yarmouth . earl of berkeley . earl of nottingham . earl of rochester . earl of abington . lord visc . fauconberg . lord viscount mordaunt . lord viscount newport . lord viscount weymouth . lord viscount hatton . lord bishop of london . lord bishop of duresme . lord bp of winchester . lord bishop of st. asaph . lord bishop of ely. lord bishop of rochester . lord delawarr . lord grey of ruthen . lord eure. lord wharton . lord paget . lord north and grey . lord chandos . lord montague . lord grey of warke . lord maynard . lord howard of escrick . lord jermyn . lord vaughan carbery . lord culpeper . lord lucas . lord delamere . lord crew . lord lumley . lord carteret . lord ossulstone . lord godolphin . lord churchill . the lords spiritual and temporal assembled in this extraordinary conjuncture , considering the great mischiefs that have happened unto , and do still threaten this kingdom , by the evil designs and practices of the papists , in great numbers restoring unto , and abiding in the city of london , and places adjacent to the said city ; for the better preservation of the peace and common safety , have thought fit , and do order and require , that all papists , and reputed papists do , and shall , within five days after the date hereof , depart from the said city , unto their respective habitations ; from which they are not to remove above five miles distance . except such as now are in the actual service of the queen dowager ; and except all ambassadors , and foreign ministers , with their domestick servants , being foreigners ; and all other foreigners , being merchants or factors , or who are come into , or do reside in this kingdom upon the account of trade only . except also all such persons as have been housholders , or have exercised any trade within the said city of london , or within ten miles of the same , by the space of three years last past ( other than such as do sell arms , ) so as such housholders shall , within eight days from the date hereof , leave an account in writing with the lord mayor , the recorder , or some alderman , being a justice of peace within the said city , or other justice of peace , of their respective names , and places of their habitations . except also all such popish officers as shall within six days from the date hereof , give good and sufficient bail before the lord mayor , the recorder , or some alderman , being a justice of peace within the said city , for their appearance in the court of king's bench , the first day of the next term , to answer such things as shall be there objected to them ; and in the mean time for the keeping of the peace . and it is hereby ordered , that such popish officers as shall not within the said eight days give such bail as aforesaid , shall be committed into custody ; and be detained and kept in some publick inns , by the trained bands or militia of the said city or counties adjacent respectively , until further order . signed by their lordships order . francis gwyn . we , the lords spiritual and temporal assembled in this extraordinary conjuncture , do appoint francis gwyn , esquire , for vs , and in our names , to sign and subscribe such orders as shall be from time to time by vs made . dated at the house of lords in westminster the day of december , . tho. ebor. norfolk . somerset . grafton . ormond . beaufort . northumberland . hallifax . oxford . kent . bedford . pembrooke . dorset . devonshire . bolingbrooke . manchester . rivers . stamford . thanet . scarsdale . clarendon . burlington . sussex . maclesfield . radnor . berkeley . nottingham . rochester . fauconberg . mordaunt . newport . weymouth . hatton . w. asaph . fran. ely. la-warr . r. eure. p. wharton . paget . north and grey . chandos . montague . grey . maynard . t. jermyn . vaughan carbery . tho. culpeper . lucas . delamere . crew . lumley . carteret . ossulstone . london , printed for awnsham and william churchill , m dc lxxxviii . an account of several new inventions and improvements now necessary for england, in a discourse by way of letter to the earl of marlborough, relating to building of our english shipping, planting of oaken timber in the forrests, apportioning of publick taxes, the conservacy of all our royal rivers, in particular that of the thames, the surveys of the thames, &c. : herewith is also published at large the proceedings relating to mill'd-lead-sheathing, and the excellency and cheapness of mill'd-lead in preference to cast sheet-lead for all other purposes whatsoever. : also a treatise of naval philosophy, / written by sir will. petty. ; the whole is submitted to the consideration of our english patriots in parliament assembled. t. h. (thomas hale) approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a cudgc -b wing h estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : or : a) an account of several new inventions and improvements now necessary for england, in a discourse by way of letter to the earl of marlborough, relating to building of our english shipping, planting of oaken timber in the forrests, apportioning of publick taxes, the conservacy of all our royal rivers, in particular that of the thames, the surveys of the thames, &c. : herewith is also published at large the proceedings relating to mill'd-lead-sheathing, and the excellency and cheapness of mill'd-lead in preference to cast sheet-lead for all other purposes whatsoever. : also a treatise of naval philosophy, / written by sir will. petty. ; the whole is submitted to the consideration of our english patriots in parliament assembled. t. h. (thomas hale) petty, william, sir, - . a treatise of naval philosophy. [ ], cxxv, [ ], p. printed for james astwood, and are to be sold by ralph simpson at the harp in st. paul's churchyard., london, : mdcxci [ ]. "an account of several new inventions" signed at end: t.h. "a treatise of naval philosophy" has separate pagination. : a lacks "a table of some of the principal matters contained in the following letter to the earl of marlborough" (p. [ - ] of : ). "a survey of the encroachments of the river thames" follows p. of : . it follows p. [ ] of : a. : is a reproduction of original in the university of illinois (urbana-champaign campus). library. : a is a reproduction of original in the bodleian library. : a bound with: advertisem[ent] to all who have occasion to make use of sheet-lead. london : printed for t.h. ..., [ ]. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng great britain -- economic conditions -- th century. great britain -- politics and government -- - . - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion an account of several new inventions and improvements now necessary for england , in a discourse by way of letter to the earl of marlbourgh , relating to building of our english shipping , planting of oaken timber in the forrests , apportioning of publick taxes , the conservacy of all our royal rivers , in particular that of the thames , the surveys of the thames , &c. herewith is also published at large the proceedings relating to the mill'd-lead-sheathing , and the excellency and cheapness of mill'd-lead in preference to cast sheet-lead for all other purposes whatsoever . also a treatise of naval philosophy , written by sir will. petty . the whole is submitted to the consideration of our english patriots in parliament assembled . london , printed for iames astwood , and are to be sold by ralph simpson at the harp in st. pauls church-yard . mdcxci . licensed , march th . . rob. midgley . a table of some of the principal matters contained in the following letter to the earl of marlbourgh . t 〈…〉 etian ambassador's complaint of the 〈…〉 an t of publick-spirited men in england , page , . few or no inventions come into the world perfect , p. . reason not believed against interest , p. . the illumination of every new art stands in some mens light , p. . the invention of the sea-compass , printing , and of the circulation of the blood , maligned , p. , . the knowledge of anatomy advanced a third part in this last century , p. . the invention of an ayr-chamber , p. . the old lost invention of malleable glass , and the fate of the inventor , p. , . inventors honoured by kings , p. . charles the th . visited the tomb of william b●ckeld , which recorded his being the inventor of pickling herrings , p. . the dutch states erecting a monument for ludovicus a culen , on which was engraven his discovery , ib. peter pett esq the first inventor of our english frigats , p. . the constant warwick the first frigat , and built by him in the year . ib. sir phineas pett built capital ships of the navy-royal , besides many of lesser rates , ib. much admirable invention in the kings-fisher , by him built in the year . ib. & p. . k. charles the second observed the invention of frigats in danger to be lost , p. . the britannia , built by sir phineas pett , the best ship in the world , p. . the proud inscription on the st. lewis of france , ib. the verses in latine and english under the draught of the britannia , p. , . sir william temple quoted about the strength of our shipping , making us an over-match for our enemies , p. . he is again quoted about the strength of our oak , and the art of our shiprights awing our enemies , p. . our shipwrights bound by their charter not to communicate their art to forreign princes or states , ib. the contracts at the navy-board 'till of late restrained builders of ships , to build only with english timber , ib. the word [ english ] now left out in contracts , ib. shortly after the restauration of king charles the second , the corporation of shipwrights presented him proposals in writing for the preservation and encrease of oaken-timber , p. . his majesty referred those proposals to the then attorney general , ib. mr. attorney referred it to the navy-board to consider . ib. a report from sir will. coventry , sir will. batten , mr. pepys , and the rest of the navy-board , how a sufficient number of oaken trees might be planted in his majesty●s forrests , ib. acorns sown have in years born a stem of a foot diameter , ib. timber of a foot and a half so , will be sufficiently useful in building ships , ib. the scarcity of timber in the forrests , makes for the necessity of promoting the mill'd-lead invention for sheathing , especially in time of war , p. . the mill'd-lead invention of age to speak for it self . ib. king charles the second highly approved of the invention , p. . the phoenix sheathed therewith at portsmouth , and the good success thereof after divers voyages , ib. his majesty's reason why several shipwrights opposed the invention , p. . his majesty's master-shipwrights approved thereof , p. . a superstitious fancy of an impossibility made use of against it , p. . several excellent inventions have been run down by superstition , ib. what ensued upon the mill'd-lead company 's reply to the navy-board before the commissioners of the admiralty , p. , , , . the company 's large reply , drawn by the excellent pen of mr. pepys , p. . tycho brahe appealed from the judgment of the age he lived in , to that of posterity , p. . the verses writ by tycho brahe under the pictures of the old famous astronomers in his study , and under his own picture there , p. , . an account of the fate of galilaeus , p. . of peiresk's letter to him , ib. he confuted pope urban's idle comment upon aristotle de coelo , ib. the pope got his book condemned as heretical by the consistory , ib. dr. robert wood's learned and excellent invention , drawn by himself , in latine and english , for the fixlng of easter for ever , from p. , to p. . the author of the happy future state of england referred to for celebrating the royal society , p. . that author referred to as the first discoverer of the numbers of the people of england from records , ib. an an̄imadversion on such fops as ridicule the royal society , ib. mynheere van beuninghen made the people of england and wales but two millions , p. . dr. isaac vossius made the people of england , scotland and ireland but two millions , ib. the observator on the bills of mortality with excellent fine spun notions made them about six millions , ib. the author of the happy future state of england , doth from the returns on the late poll acts , and the bishops survey in the year . make them about millions , p. . he hath given accounts of the numbers of the people of france , spain , holland , ib. he hath given directions about the apportioning taxes with equality , p. . the want thereof is the only grievance in taxes , ib. sir will. petty's judgment how a million should be raised in england , p. . half as much more now paid by the land-tax alone , than in the million , as distributed by sir will. petty's proposal , ib. by the rule of sir will. petty's calculation of a tax of one million , above six millions may be raised , and no man feel it much , if equally laid , and yet according to it no man will pay above a tenth part of his yearly expence , p. . princes and their ministers to be steered in their apprehensions of the danger of civil war , by the rule of dulce bellum inexpertis , p. . an account of the french king's expences and receipts in the year . out of thuanus . p. . the yearly expences and receipts of the present french king , more than quadrupled since that time , ib. sir will. petty's naval philosophy herewith published , p. . that work of his justly extoll'd , ib. the earl of marlbourgh's courage and conduct in the taking of cork and kingsale referred to with honour , p. . an account of the invention of gunns in the year . i● . that invention maligned by polydore virgil , cardan and melancton , ib. king alfred the first inventor of lanthorns , p. . of our new invented glasses and lamps , p. . of the scarlet or bow-dye , p. . of the new-river-water , p. . an account of the new engine for taking away obstructions and shelfes in the thames , and other royal rivers , p. , . how much the river of thames is shallower before the king's yard at deptford , since king charles the second 's restoration , p. . of the city of london's applications to the former commissioners of the admiralty for the preservation of the river of thames , p. . of the city of london's reasons in writing , presented to that board against letters patents for licensing encroachments , p. . if that river were spoil'd , the great trade of england would be transplanted , not to other sea-port towns in england , but to forreign parts , p. . a lease made of a great part of the soil of the river , and by which the conservatorship thereof may accrue by survivorship to a colour-man in the strand . ib. those commissioners of the admiralty took much pains in preserving that river , ib. the report from the judge of the admiralty of the admiral 's being conservator of all the royal rivers , and having a concurrency with the lord mayor in the conservacy of the thames , p. . the wisdom of our ancestors in making them both conservators of it , p. . of the conservators of the great rivers among the romans , ib. & p. . the river ▪ of thames now labouring under its most critical state , p. . the great ill effect that the fire of london had on the thames , p. . the stream of the thames more clear and gentle than that of severn , and the cause thereof , ib. & p. . why the tide flows up so high into the heart of this river , p. . the cause of the shifting of the tides there , ib. the three constituent parts of a river , p. . of the destruction of several great rivers by sullage , ib. the administration of the banks of great rivers is a part of the regalia , p. . the conservatorship of such rivers is a part of the regalia , ib. of the conservators of such rivers , and their banks among the romans , p. . this branch of the regalia granted to our admirals in their patents , ib. the vice-admirals of counties are in their patents from the admiral , appointed conservators of the royal rivers there . ib. of those vice-admirals non-user of the power to demolish nusances , p. . of the agreement of the common-law and civil-law judges an. . that the admiral may redress all obstructions in rivers between the first bridges and the sea. p. . licenses granted by the admiral for enlarging wharfs , &c. p. . the illegality of granting forfeitures before conviction , p. . sir george treby , the attorney general , mention'd with honour , ib. the benefit the people now find by being freed from illegal grants of forfeitures before conviction doth much outweigh all the taxes they pay to their majesties , p. . the passage concerning the alderman who ask'd king iames the first , if he would remove the river of thames , ib. & p. . of the survey of that river by sir ionas m●or , p. . of the survey of that river by the navy-board and trinity-house , with the assistance of captain collins , ib. & p. . captain collins his draught of that river commended , ib. the only way possible for preventing future encroachments on that river , ib. the nature of the office of a conservator , as defined by the writers of the regalia , p. . the same agrees with the measures of our law-books , ib. granting things to the low-water-mark vexatious , p. . the course taken by the council-board an. . to preserve the river of tyne , p. , . an order of council for demolishing a nusance to navigation in the port of bristol , an. . p. . more of the conservacy of the royal rivers , ib. & p. , . that care be taken against the sea-mens being molested , ib. & p. . in a little more than years after the year . our seamen were decay'd about a third part , p. . in the act of eliz. for restraining new buildings , a tender regard was had to the sea-men , ib. & p. . a necessary document to be thought of by the conservators of our rivers , p. . the wardmote inquest referr'd to for the preservation of the river of thames , p. , . a fifth part of the river of thames in our memory taken in by encroachers , p. . the profit accruing from the river of thames to the admiral and lord mayor , ib. & p. . of the charge incident to the lord mayors in the conservacy of that river , ib. of the charge born by the city in the obtaining patents to be vacated , that prejudiced that conservacy , ib. & p. . of the city's applying to king edward the th . for a scire facias to vacate a patent of that nature , and of the lord mayor's obtaining and prosecuting that scire facias to effect , p. . the diligence of several late lord mayors in thus shewing their zeal for the conservacy of the thames , ib. the present lord mayor referr'd to with honour on the same account , p. . courage in magistrates commended , ib. the city of london apply'd to the government in henry the eighth's reign for a proclamation , and obtain'd one , for the better enabling the lord mayor and his deputies to promote the conservacy of the river of thames , p. . of the late king iames rejecting a proposition for building on the shore above bridge , p. . more of the present state of encroachments on that river below bridge , and the only way to prevent future ones there and in the other royal rivers , from p. , to the end . to the right honourable iohn lord churchill , baron churchill of sandridge , viscount churchill of aymouth in the kingdom of scotland , earl of marlborough , and one of their majesties most honourable privy council . my most honoured lord , it hath been observed by several of our late ingenious writers , that an eminent venetian embassador , after a long residence in england , sayling homeward , did cast his eye back on this land , and said in his own language , o isola felicissima , &c. the happiest countrey on the face of the earth , did it not want publick spirits among them : nor do i think that the pudet haec opprobria nobis , &c. was in any age so justly applicable to england on this account as in the present one , wherein men generally depraved by a selfish inhospitable temper , do like the hedge hog , wrap themselves up in their own warm down , and shew forth nothing but bristles to the rest of the world , and cry out 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ! when they have found a stone to throw at an inventor of any thing beneficial to mankind , instead of giving a tender helping hand to the inventions themselves , and which might with iustiee be expected , since few or none come into the world with all the perfection they are capable of . but , my lord , thô this invention of mill'd-lead ( how much or little soever i contributed to its first conception , it matters not , i being at its birth concerned in a greater share and interest therein , and the transactions relating thereto , than any one else , although 〈◊〉 willingly then admitted the use of other names more considerable to give countenance and credit to the work , and to avoid envy ) hath been accompanyed with tho fate of all inventions , namely , a peevish ●ndeavour of some narrow-soul'd men to run it down , yet according to the saying , unus dum tibi propitius est jupiter , tu hosce mi●utos deos , flocci feceris : your lordship with your great heroical genius , and your incomparable penetrating vnderstanding , having surveyed all the circumstances relating to this invention , and the past transactions about it , and your having afterward been pleased to patronize the inventors and invention , i can easily be unconcerned at the censures of smaller people who are concerned against it . my lord , i have been long since taught by a great philosopher of the age , that when reason is against men , they will be against reason , and have sufficiently observed , that the way that most men take to be cryed up for masters of reason , is to make reas●n serve them , that is , to serve their ●urn . i am not now to learn , that whoever attempts the settlement of any question , which would be the unsettlement of any mens interest , may be suspected to have either an unsettled fortune , and that like a new●comer to the coast of such a question , he comes to settle himself thereby , or to have an unsettled head , and to be one who knows not that against any thing by which men get their living they would not own to believe any that came from the dead . thô the proofs for any thing are as clear as the meridian light , yet where men are antipodes to each other in interest , at the same time 't is noon-day with the one , and midnight with the other . and moreover , reason as it resembles gold in being the most valued , so ( as one saith ) it doth too , in being the most ductile thing in nature . we know how much mechanicks depend on the rule of rectum est index ●ui & obliqui ; and here it comes into my mind to entertain your lordship with no unpleasant or vulgar sp●culation in geometry , that maximus angulus est recta linea , & minimus angulus est recta linea , the greatest angle and the least are both the same with a right line . but if it were for the general profit or pleasure of men to deny that there is any right or strait line , or that any right line can be made so much as for use , many would be found to deny it strenuously , and who perhaps either would argue , that there is not in nature any right line , and that all lines are artificially made by the ducture of some point , or the meeting of two superficies , making the edge of any thing , or the contact of a cylinder with a plain , and that neither of these wayes can produce a right line , because there is no true strait superficies , but what has inequality or hollowness in it , and that consequently the motion of any point upon any uneven superficies , or the mutual concurrence of two uneven superficies can never produce an even or right line , or who else would , if not cut off , yet jogg the hands of those they found making right lines , or if they found any made , would either oblitterate them , or apply microscopes to them , whereby some inequality or raggedness in them would be discovered , or they would pervert witnesses to swear , or iudges to decree , that they were not right lines , or perhaps they would turn the making of right lines into ridicule , according to the humour of this age , or according to the humour of an old barbarous former one , maliciously call it the black art. we know that according to the sea-phrase one ship is said to wrong another , that excels it in swiftness of sailing : and thus the shipwrights and plumbers may if they please think the mill'd-lead invention hath wrong'd them in doing so much right to shipping and navigation in particular . nor is it indeed possible for any new invention , how profitable soever to mankind , to appear in the world , but that such new illumination must stand in some mens light , and obstruct their pratique in those arts of life wherein they were expert . thus there is no doubt but the invention of the sea-compass was maligned by the old dull coasters , and that of printing by the hackney writers , and the excellent notion of the circulation of the blood , by the old mump●imus doctors , who being sufficiently at ease by the circulation of money and trade in the realm ▪ knew how to stuff their hollow teeth with their patient's bread , without studying anatomy ; the knowledge whereof hath been enriched by a full third part at least within this last century , as the learned dr. henshaw tells us , in his very ingenious book called a register for the air , printed an. . and wherein he hath published an excellent invention of a domicil or air chamber ▪ and by means whereof in any part of our native soyl we may have the air as pure as on the top of the pike of teneriffe , and made so pure as is not to be found on the face of the habitable earth . and thus no doubt but the gold-smiths and silver-smiths would think themselves injured by any who could revive the art of making glass malleable , which one in tiberius's time had found out a way to do , and withall so yielding , and such as would rather bow than break ; for he bringing a glass vial to the emperour to shew his art , he threw the vessel against the stone-pavement , with which blow it was not broken but dented , and then taking his hammer , be again beat out the dent : but he was secretly made away for his pains , as likewise several inventors have been by the dullards who only had the wit to do that , and the assassinates have thought they might dispatch them as justly as souldiers think they may deal so with those who come to beat up their quarters . yet however the fate of some inventors hath been to fall at the feet of envious plebeian mechanicks , others of them have had that reward of their diligence in all ages and countreys , to stand before kings ; and the vicegerents of the god of nature have with peculiar respect treated such as the king of kings delighted to honour , by imparting the secrets of nature to them . and such respect hath been shewn to the memory of useful inventors by the greatest princes , that several historians have mentioned it , that charles the th . with a great parade of his attendants , went out of his way to see the tomb of william buckeld , who ( as it was recorded in his epitaph ) was the inventor of the dutch way of pickling of herrings , which is so beneficial to those states , that may make it be said that amsterdam is founded upon herring bones : his countrey-men it seems were so just to him , as to perpetuate the fame of the invention as well as the name of the inventor by a grateful inscription . and thus too was the memory of ludovicus a culen , professor of geometry at leyden , honoured by those states , by their taking care that on his tomb should be engraven his attempt to find out the proportion between a diameter and a circle , dividing the circle into more parts than sand would constitute the whole earth , and yet an uni●e was too much , and a null too little . i am here minded of mentioning how the tomb of peter pet , esq the master-builder of england ( and whose ancestors for upwards of two hundred years have been master-builders and principal officers of the navy royal ) records his being the first inventor of our english frigats , and of which the constant warwick , built by him in the year . was the first , and which sort of shipping is variously the most excellent and useful in the known world. and it having been the fortune of all the master builders of that family gradually to excel each other in their art , i cannot here omit to take notice how sir phineas pett , the son of that great artist , having built fifteen capital ships for the royal navy , besides many more of the lesser rate , hath obliged his countrey with a great deal of admirable invention in the fabrick of the kings fisher , a fourth rate , built by him in the year . for whereas all ships before , since the first use of navigation , were built by rising lines , which made not so regular a figure in the water , he built that by horizontal ones , and so contrived the port holes therein , that most of her guns might point to one center , and thereby cause such breaches in the sides of the ship she fought with , that could not be stopp'd with pluggs , and that brought her safe off from her being taken by seven algerine men of war , according to the relation of it in the gazets i have been informed of , and which could not have happened but by her guns so pointing , making such great breaches in their sides as forced them to draw off . and so much hath the new invention of the building her by such lines , contributed to the excellency of her sayling , that i have read it in a relation of the engagement between her and the golden rose of algiers , so much famed for her sailing , printed in london in the year . that the kings-fisher much out sail'd that ship , and having taken her , found so much water in her hold , occasioned by the great breaches in her sides , which made her to sink down within an hour after her capture . what the great effects of such an invention may hereafter be throughout the maritime world , i know not , capital ships being now liable to be sunk by bullets which before they were not , by reason of the multitude of pluggs and hands to apply them , always in readiness , unless a shot had lighted in the powder-room , as was supposed to have happened in admiral opdam's ship. but he having done so much impartial iustice to the invention of the mill'd-lead-sheathing , i am very well contented that it comes in my way here to retaliate to him by the just mention of the matters of fact whereby he hath obliged this age and succeeding ones , to account him a benefactor to his countrey . and , my lord , i do think my self the more obliged out of my love to my native countrey , to present your lordship with this glancing view of these two great inventions , because they are very likely in a short time to come among panciroll's res deperditae , without care taken to prevent it ; for king charles the second , who had very great skill in the mystery of the shipwrights calling , hath been heard to observe it , that the fabricks of our english ships did for several years more and more degenerate from the friga● way in wh●ch the constant warwick was built , to the way of our sluggish old built ships , and not at all adapted for swiftness of sailing , and insomuch that the constant warwick it self being after the death of the inventor repaired by another artist , was in its repairing spoiled of the excellency of its sailing . nor have i heard of any other ship built by the kings-fisher's lines , except the katherine yatcht . and therefore it is of great importance to the nation that the draughts of those three vessels particularly should be transmitted with great care to posterity . i must not here forget to mention , that among the many capital ships built by sir phinehas pett , the britannia is by the concordant voice of all the curious iudges of naval architecture allowed to be the best ship in the world , and far exceeding in excellency of building and strength the great first rate of france , call'd the st. lewis , on the which is engraven this proud inscription , je ●uis l'unique de l' onde , & mon roy du monde . an admirable draught or sculpture of this ship britannia , in four large sheets of dutch ●aper , will sh●rtly be published , with more modest but just encomiastick verses in latine , english , french and dutch under it , which i thinking fit to copy out on my sight of the draught , shall here entertain your lordship with those of them that are in latine and english , viz. ad navem britanniam . nomine digna tuo navis , cui vela britanii , imperii titulo jure superba tument ; quid tormenta vehis ? patrium pro fulmine nomen , fluctibus & terris quo modereris habes . tum caesar tibi numen adest dextraque refulgent , majora aequorei sceptra tridente dei. quod natura potest , potuitve ars praestitit in te. ingenio artificis , robora tuto tuo es . to the ship britannia . hail mighty ship : none hath so just a claim to swell her sails with great britannia's name . thou need'st no guns , that name o're sea and land thunders aloud , and gives thee full command . thy prince's hand a triple scepter wields , to which great neptune's trident homage yields . the builder's skill equals thy strength ; in thee what nature could , what art can do , we see . i have the rather thought fit to mention the just celebration of this ship , because some impudent scriblers of the coffee-house news-letters presumed last summer to scandalize her , as if she were rotten , and disabled for sea-service , whereas in truth she was then only put into the dock for such necessary . repairs as most of the thirty capital ships required , which were built pursuant to the order of parliament , but from thence she will be lanched out perfectly good , and as strong as ●ver . it was a proverbial saying among the ●●mans , moenia sancta : and the profane vulgar , who write their despicable lyes for bread , ought not to be suffered to pollute the walls of our nation with their vile pens ; and such epistolae obscurorum virorum should meddle , with the gally-●oists of my lord mayor's show , and not first rate ships : and i believe had any such pauvres diables in france so belyed the sh●p st. lewis , they would have been pillory'd , or keel-hauled under her . our excellent statesman sir william temple ( who truly deserves the name of a publick spirited man , for the excellent writings he hath published ) in his su●vey of the constitutions and in-interests of the empire and other countries , with their relation to his majesty in the year . mentions the strength of our shipping , as having for many ages past ( and still for ought we know ) made us an over-match for the strongest of our neighbours at sea ; and speaks of the dutch having been awed by the strength of our oak , and the art of our shipwrights , &c. it is therefore not without reason , that the charter of the corporation of our shipwrights hath obliged them not to communicate their art to any forreign prince or state. but yet when i consider that whereas the contracts of the navy-board for building of ships did 'till within these few years past oblige the builders to build with good substantial english oaken timber and plank , and that such not being now to be had , that word [ english ] is left out , and liberty given to build with forreign ; and further consider , that application was made to the ministers of king charles the second by the cnrporation of shipwrights , shortly after his restoration , with their proposals in writing for the preservation and encrease of oaken timber ( and copies of which i have seen under the hand of sir phinehas pett , and many others of the most eminent of that corporation , and that those proposals being referred to the then attorney general , he referring their consideration to the navy-board , sir william coventry , mr. pepys , sir william batten , and the rest of the commissioners of the navy , did with great iudgment report in writing how and where a sufficient number of oaken trees might be planted in his majesty's forrests , and that the judicious report from that board carryed with it self-evidence of the practicableness of th● thing with ease , and that had not so great a proposition then evaporated , but on the contrary have been vigorously pursued , the oaken timber sufficient for the use of the navy royal had now been in a forward way to its sufficient growth : for it having been known that acorns sown , have in the space of thirty years born a stemme of a foot diameter , 't is obvious how soon they will bear a stemme of a foot and a half diameter , and that such timber so of a foot and a half , will be sufficiently serviceable in the building of ships . i say , when i consider these things , and fear how few else consider them here , and how many observe and consider them abroad , i think there is too much occasion to bewail our soils not being fertile with men of publick spirits . whether we shall at this rate come to build with english oak again before plato's great year , i know not : but , my lord , this that i have said doth speak , ( or as i may say ) cry it aloud to us , that while we have the mill'd●lead sheathing for ships , without fear of losing it , that he will scarce deserve to be thought a patriot , who at this time of day , when the crown hath so little timber in its forrests serviceable for shipping , and hath lead of our own for sheathing , would have it unnecessarily send a great deal of money for eastland ●irr for that purpose , of which the arrival here will be so uncertain , and indeed hazardous in time of war. my lord , i intend not to entertain your lordship with rhetorical flourishes and harangues of the usefulness of the invention of the mill'd-lead sheathing : it is of age in the world to speak for it self , and it hath had the honour not only to have great unbyass'd artists for its encomiasts , but a great prince , who had a profound iudgment in the shipwrights mystery , i mean king charles the second : for as soon as sir francis watson had acquainted him with the invention of milling lead for sheathing , his majesty was very impatient 'till he had made experiment thereof , whereupon lead was prepared by a small engine , wherewith the phoenix , a fourth rate was sheathed by sir anthony dean at portsmouth , which he saw done with care , the bolt-heads , &c. being fairly parcelled , as they ought to be in any sheathing ; and after divers voyages to the straits , guinea , and the west indies , she had her sheathing strip'd at seven years end to repair the plank , but not for any defect in the sheathing it self . nor could those of the navy-board , when at their attendance on the council with their complaints of eight ships in twenty , make the least objection ( though they were fairly challenged to it ) against the rudder-irons , bolts , or other iron work of the phoenix ; the which made that judicious peer , the then earl of hallifax declare , that if of twenty ships they complained of nineteen , and had nothing to say against the twentieth , he must conclude it to be the workmens fault , for if they had done the other nineteen as that twentieth ship was done , they must have proved all as well as she : the king also at the same time , when they objecting that the merchants did not use it , which they would do if it was so good a sheathing as was pretended , replyed , that the shipwrights ( whose best friend the worm was ) wanted not skill to discourage them ; yet that their decrying it must soon be discerned to proceed from their interest . and indeed it is obvious how the shipwrights do influence the merchants and owners in the sheathing and other repairs of ships , by their being generally part-owners in all the new ships they build . nor is it to be wondred at that the king from the beginning gave all the encouragement he could to this invention ; for when he considered of the thing upon sir francis wat●on's first laying it before him , his majesty pressed him to make effectual preparation for the work , saying , it would save him at least l. a year in his navy , the which was not improbable , if it had met with that due encouragement , use and application for sheathing , scuppers , bread rooms , and all other purposes it was capable of , with regard had to the charge and damage that a wood-sheathing brings to the plank by the great nail-holes , which they use to spile up at stripping , and other inconveniences that attend wood-sheathing . and here it occurrs to my thoughts , that his majesty being occasionally in dep●ford yard , as the workmen were bringing on an ordinary straits-sheathing with wood upon one of his small ships , he asked them why they did not sheath her with mill'd-lead , and answer was made , she was a weak ship , and required strengthning . the king thereupon replyed , they had as good have sheathed her with sar●enet , as such a sheathing to strengthen her , and saying , lord have mercy on the men who depend on that sheathing , if the ship be not strong enough her self without it . one would think now , my lord , that after so great a king , so judicious in all naval mechanicks had approved the great usefulness of this invention , and after all his eminent master-builders ( and who were the only shiprights disinterested from opposing it , in regard their subsistence depended only on their salaries from the crown ) had done so too , it should be some potent and weighty objection that should be a remora to ●●s progress . but according to the idle conceit of the fish remora , which mens so●tishness hath made a vulgar one , namely that it can stop the motion of a ship under sail , ( and some vain authors have essayed in print to give reasons for such energy of that fish ; and other authors have attributed the cause of that fish's power to that mighty nothing of occult qualities , whereas the true cause of that vulgar error was what an old famous naturalist said of that● fish , flent venti , saeviant procellae , semper navem immobiliter tenet ; which implies no more , but that notwithstanding ●ny violent tempests , it always did stick to the ship immoveably ) a superstitious vain imagination of an impossibility , namely , of the mill'd lead corroding the iron-work , through some occult quality , hath been made use of as the remora that hath hindred the progress of this invention , when it was so fairly under sail , and had made so good a voyage for the crown , as to bring it above cent. per cent. profit , besides the great advantage in sailing . but it is no matter of raillery , to observe that many excellent and most useful inventions have been run down in the world by superstitious fancies and imaginations , and fortifying impossibilities with occult qualities ; insomuch that our late act for burying in flannel , that was of such benefit to the publick , was once in danger of being run down by an idle notion of an impossibility that intoxicated the beliefs of the mob , namely , that the air was likely to receive putrefaction by flannels making the dead to sweat ; and as reasonably may the populace here imagine , that the new-river-water conveyed to dress their meat through pipes of lead , will corrode their entrails , if lead hath such an occult quality to corrode iron : and as well may we be afraid to take the venice treacle , because of its being long kept in boxes of lead . but your lordships iudgment is so excellent , that it cannot be imposed on by a non causa pro causa , or any other fallacy ; and that i might totally avoid the least suspicion of one who would impose either on your lordship , or on any of mankind , while under the shelter of your lordships name i write to the world , i have here fairly and candidly set forth the matters of fact in the transactions the settlement of this invention hath occasioned on the stage of the world. my lord , i know it is fit for your lordships entire satisfaction , and that of others , that i should mention what ensued upon the company 's reply to the navy-board before the lords commissioners of the admiralty . in short , one of those lords , who was likewise a member of the privy council , was by that admiralty-board desired to carry both that report and reply to the council-board : and upon reading the report , his majesty in council was pleas'd to referr the whole matter back again to those commissioners of the admiralty ; and whereupon the company addressed themselves by the memorial herewith also published , desiring that for the greater clearness of the matters complained of , that what the navy-board or the company had further to say , might be laid down before them in writing . it is fit i should here acquaint your lordship that the companys reply was drawn by the excellent pen of mr. pepys , and whom the author of that most elaborate book , the happy future state of england , doth deservedly call the great treasurer of naval and maritime knowledge , and of the great variety of the learning which we call recondita eruditio . and it is no reflection on the integrity of those gentlemen of the navy-board , who made the complaining report against this invention , when i shall say that mr. pepys his character justly renders him aequiponderous to them in moral , and much superiour in philosophical and political knowledge , and the universal knowledge of the oeconomy of the navy . but before there was any further proceeding , his majesty thought fit to supersede that commission for executing the office of the lord high admiral : and the king then taking the admiralty into his own hands , and the company having thoughts to petition his majesty to hear the whole matter himself , they were by some persons newly put into the navy-board , ( who had for several years shewed their approbation of the mill'd-lead sheathing ) advised to offer to that board a new proposal to sheath at a rate certain by the yard ●qu●re , and with an intimation that the navy-board would take it more kindly , and that they were by this time satisfied that their former complaint was by misinformation . this advice was approved , and a new proposal laid before the board , the th . of december , . which was much approved by mr. pepys , saying , that he doubted not but they would comply with it ; and declaring that on his part when it came into his way , he would promote it , as he had a full conviction ( to use his own words ) that it was a great service to the king ; and whether for that there was no occasion for a good while to sheath any of the kings ships , or by reason of a great deal of peremptory business calling for the time of that board , or by the company 's happening to be slack in their application , i know not ; but it seems that after a years time that board was pleased to referr to two of their own members , sir phinehas pett and sir anthony dean ( who had both of them been master-builders ) the consideration of the company 's new proposal . nor could the company wish for more equal iudges of the mill'd-lead sheathing , than those two worthy persons , who so well understood it , and had formerly done so much right to it upon all occasions , as judging it so much for the king's service : but the kings service calling them from the navy-board to a long stay at chatham , to which place it stood not with the company 's convenience to repair , and there press them to make their report ; and a long sickness seizing on sir phinehas pett at his return from chatham , and he being shortly after his recovery , employed in a iourney about the king's service in some other of his majesty's remote yards ; or what else being the true cause thereof , as your lordship may judge , so it is that the said proposal , which is herewith also printed lies still before that board without any further proceedings thereon ever since . my lord , i have now let your lordship see how i have been damnatus ad metallum in the progress of this invention : and considering the course of corrupt and degenerate humane nature , no inventers can promise themselves a nobler fate , thô the scene of their invention lay in a nobler mettal . for as sir william petty well observes in his observations on the bills of mortality , that if the art of making gold were known to one person , such single adeptus could not , nay durst not enjoy it , but must be either a prisoner to some prince , and slave to some voluptuary , or else sculk obscurely up and down for his privacy and concealment . and so churlish hath the generality of men been to inventers , whose discoveries have only salved the phoenomena , that they have been unwilling to give those a good word who have taught the age great things , yet such where the brightness of their knowledge would not have the operation of the sun-beams , in putting out any mans kitchin fire . and this made the great tycho brahe , as to his famed discovery console himself , by appealing from the judgment of the age he lived in to that of posterity . i shall here divert your lordship , by entertaining you in his study which he had in an island in denmark by the munificence of his patron king frederick , and where ( removing the cover of the room ) he could as he lay with his face upward in the night time exercise his speculation with beholding the stars . and there he had all the famous astronomers painted , and the following verses were added , each to the picture to which they belonged . salvete heroes , vetus o timochare salve : aetheris ante alios ause subire polos . tu quoque demensus solis , lunaeque recursus , hipparche , & quotquot sydera olympus habet . anriquos superare volens , ptolomaee , labores , orbibus innumeris promptius astra locas . emendare aliquid satis albategne studebas , sydera conatus posthabuere tuos . quod labor & studium reliquis tibi contulit aurum , alphonse ut tantis annumerere viris . curriculis tritis diffise copernice terram invitam , astriferum flectere cogis iter . in the best place tycho brahe had set his own picture with the following verses , quaesitis veterum & propriis normae astra subegi , quanti id , judicium posteritatis erit . your lordship who knows so many things , can be no stranger to the fate of galilaeus , who after he had placed the earth among the heavens , found so much ingratitude on it as to be made a prisoner in it for so doing , by no meaner a man than pope urban the th . gassendus tells us of this in his life of peiresk , and how peiresk wrote a letter to him , to condole with him during his confinement , and employ'd his interest in a great cardinal to procure his enlargement . pope urban , it seems , had wrote an idle comment upon aristotle de coelo , and galilaeus thought fit to confute him , giving him the name of simplicius : but the pope got his book condemned by the consistory as heretical ; ab arte suâ non recedens , thô very unnatural . thus dangerous a thing is it for a man to over-oblige the world. and here it comes in my way to observe how dr. robert wood , a person very famous for all mathematical knowledge , lately trying to salve the credit of this age from being thought barbarous on the account of easter-day being so ill fixt in our liturgy , hath not been by any author i have met with , except one , so much as quoted for his illuminating us . the only person who quotes him for it , is , the author of the happy future state of england , and he there in p. . like a careful observer of the age , hath these following passages , viz. the great controversie about easter , that heretofore put all the world in a rattle , and almost shook it to pieces , what a toy is it self now reputed , insomuch that our latest ascertainers here of the time of its celebration , seem'd not to think it tanti to awake when they were about it ; and thô onr lately having in our almanacks two easters in one year , easily awaken'd the non-conformists to take notice of it , and to say , that therefore they could not give their unfeigned assent and consent to all and every thing contained in , and prescribed by the book entituled the book of common-prayer , &c. and thô thereupon a person of the royal society , very profoundly knowing in all the mathematical sciences , hath publish'd an infallible way of fixing easter for ever , ( and that it may be no longer a fugitive from the rule of its practice , as it often is at present , nor dance away from it self , as i may say in allusion to the vulgar error of the suns dancing on easter-day ) and fixing it so as perhaps none else could have done , nor possibly himself any other way , yet hath this great right done to that great day , been by the generality of people not so much regarded as would an advice to a painter , or such like composure have been . but however , the doctor having publish'd it but in a quarter of a sheet of loose paper , and that may be likely to come among the res deperditae , i shall here record that his invention in his own words , that it may the better be transmitted to the judicium posteritatis , the present world being not only a kind of areopagus that sits in the dark , but is also asleep . novus annus luni-solaris , sive ratio temporis emendata : ita ut mensis quilibet initium sumat a novi-lunio , intra unum plus minus diem ; & quilibet annus , intra semi-mensem ab equinoxio verno . i. incipiat calculus cum / martii , . ii. distribuatur inde tempus in periodos , continentes annos ; viz. ordinarios , ( mensium duodecim ) and extraordinarios , mensium tredecim . iii. anni cujuscunque , communes & priores duodecim menses constent è diebus , alternatim , , , &c. hoc est , primus mensis , è diebus ; secundus , ; tertius , , &c. viz. impar luna pari , par fiet in impare mense . iv. in periodi cujuscunque annis , , , , , , , , , , , , , , hoc est , in extraordinariis annis , intercaletur mensis decimus tertius , dierum , , &c. alternè etiam numerandorum : viz. in periodi anno secundo , mensis us intercalaris habeat dies ; anno quinto , dies ; septimo , , &c. v. singulis ( periodis ) annis , inserantur dies : hoc est , dies singulis ● / annis ; vel potius , in annis , dies singulis annis ; & in , dies singulis , alternatim interponatur . quo facto , aequabitur temporis ratio in secula seculorum . r. w. mensura mensis medii synodici & communis secundum astronomos , viz.     d. h. i ii iii iiii hipparch . ptolom . lansberg . vendelin .   kepler . copernic . reinold . vieta . clav.   r. w.   dechales .   ricciol .   bulliald .   tyc●o . a rectified account of time , by a new luni-solar year ; so as the beginning of every month shall be within about a day of the new moon ; and of every year , within half a month of the vernal equinox . i. let the account begin with march , . from thence — ii. let time be divided into periods , of years each ; viz. ordinary years , of twelue months ; and extraordinary , of thirteen months . iii. in every year , let the twelve first common months consist of days , , &c. alternately ; viz. the first month , of days ; the second , of ; the third of , &c. that is , the od months , of even days ; and the even months , of od days : iv. but in the years , , , , , , , , , , , , , , of every period , viz. in the extraordinary years , let a th month be intercalated , having days , , &c , alternately also : viz. the intercalar th month of the second year of the period , to have days ; of the th year , days ; of the th , , &c. v. let additional days be inserted every ( periods ) years ; that is , day every years and / of a year ; or rather , day every years , for ; and for , day every years , interchangeably . the which being done , will adjust the account of time for ever . r. w. the author in that book mentions his having chosen in the conjuncture in which he writ , to build his fabricks of numbers and calculations on the course soil of popery and the papal usurpations , and that finding that mens fancies at that time relished no subject grateful but popery , he made that the vehicle of the notions he meant as phyfic to cure their understandings : and he there hits a blot in the papal teners that was never hit before by any protestant writer , namely the rendring it to be one of those ten●ts , that it is lawful to burn a whole city , in which the major part are hereticks , expecting such a discovery should be very welcome to the populace in that conjuncture . his so much and so often celebrating the royal society throughout his work , was too a stemming of the tide of humour that prevailed with a great part of the age , who knowing little either of the old or new philosophy , or real learning and experimental philosophy , value themselves on the ridiculing and crying down those who advance the same . and having thus again referred to this book of the happy future state of england , and to which i do but common iustice in representing it full of most useful inventions and new discoveries in politicks , must too refer to the common fate of discoverers it hath met with , namely , in finding the world an unteachable animal . i do not account the author 's great notion in p. . new , namely , that the knowledge of the numbers of the people is the substratum of all political measures : for that thesis those words of the captain of our salvation have long since taught the world , namely , what king going to make war against another king , siteth not down first and consulteth whether he be able with ten thousand to meet him that cometh against him with twenty thousand ? or else while the other is yet a great way of , he sendeth an embassage , and desireth conditions of peace ? but after so great a minister of state as myn heer van beuninghen had ( as de leti hath mention'd it in print ) made the people of england and wales to be but two millions : and after so illustrious a writer as dr. isaac vossius in his variarum observationum liber , dedicated to king charles the d . had made the people in england , scotland and ireland , to be but two millions , ( thô both of them probably had read the observations on the bills of mortality wherein excellent fine-spun notions had made the people about six millions ) his so largely instructing us out of records , ( and against which there is no averment ) and particularly out of the returns of all the counties of england and wales upon several late pole acts ; and out of the numbers of the conformists and nonconformists upon the bishops survey made in the year . that the people of england and wales are above eight millions ( and indeed that we may probably conclude them to be about ten millions ) may be said to be an happy new discovery for us in politicks , he being the first who evinced it out of records , and wherein his benefactorship to his countrey in the doing it at his own charge , might in the paying of fees to clerks and registers well be thought to surpass the charge of the impression of that voluminous work ; without reckoning in the great charge he must have been at in having accounts of various importations taken by officers of the custome-house out of their books , as particularly in p. . the author gives well-grounded accounts of the numbers of the people in france , spain , flanders and holland : but if he had took the pains to calculate the numbers of the people in china , aethiopia , or tartaria , it had been as acceptable to many of our continuando-talkers of politicks , and to some who would take it ill not to be vogued for first-rate politicians , though they never spent a thought about reducing politicks ad firmam , by number , weight and measure , as this author hath done . i shall commend to your lordship a frequent conversation with this book , as containing in it more variety of political calculations than you will find in all printed books in all languages : and it is the rather worthy your serious perusal in this warlike conjuncture of time , because the author hath in so nervous 〈◊〉 manner given our english world so many new directions about the modus of our being furnish'd with the sinews of war , and in apportioning great taxes with great equality , the want where●● is in effect the only grievance in publick supplies . and this your lordship wil● find if you consult what he hath in p. and out of sir william petty's verbu● sapienti , in manuscript , viz. if a million of money were to be raised in england , there should be levyed on the   m. lib. lands — viz. / of the rent . cattel — — / personal estate — — / housing — viz d. a chimney in london , d. without the liberties , d. in cities and towns , and d. elsewhere . people — at s. d. per head , or rather a poll of d. and d. excise , which is not full / part of the mean expence .   m. lib. total a million — there is half as much more paid now ●y the land-tax alone than in the million distributed on the several fonds ●s above . and by the rule of sir w. p's . calculation of a tax of one million , above six millions may be raised , and no man feel it much , if equally laid ▪ and thô it falls heaviest upon persons ▪ yet according to it no man will pay ● tenth of his yearly expence . it is certainly now the opus diei , and a propos what he had said before in tha● page , viz. that he believed that the suture state of christendom will necessa●●rily prompt all patriots instead of stu●dying to make men unwilling to promote publick supplies , to bend thei● brains in the way of calculation t● shew what the kingdom is able to con●tribute to its defence , and how to d● it with equality . your lordship will find this book sol● at the shop of william rogers , book●seller , at the sun over against st. du●stans church in fleetstreet , as i find 〈◊〉 in an advertisement thereof in one 〈◊〉 the new almanacks for the yea● . i must frankly own that i should no have repented of my expence in the purchase of this book , had there been 〈◊〉 calculation in it but that in p. ▪ and . where the author calculates the number of the now living here , who were born since the year in which our civil war ended , or were then children , viz. of such years as not to have experienced or been sensible of the miseries and inconveniencies of the war , and a calculation of what numbers of those who lived in . are now dead , and what proportion of those now living who lived in the time of the war did gain by the war , and of the number ●f such in ireland and scotland . the au●hor giveth a very momentous reason ●or the finding out those things by calcu●●tion , and the which might well seem ●mpossible to be perform'd . for that ●rinces and their ministers being ratio●ally to be steer'd in their apprehensions 〈◊〉 the danger of civil war by the great ●ule of dulce bellum inexpertis , ought ●arefully to have their eye on the num●ers of such inexperti in any long time 〈◊〉 peace . so little regard hath been had by our ●eat political writers to matters of ●alculations and accounts of the re●enues of princes , that i have in the great thuanus observ'd but one passage relating to the same , and which by this author is cited , p. . viz. as to the receipts and expences of lewis the th . for the year . ( and in p. , out of his own observation he makes the expences and receipts of the present french king more than quadrupled since , as to what they were in the year . ) and in the so much cry'd up political treatise call'd nouveaux interests des princes de l'europe , and commended by the author of la republique des lettres , there is little or nothing of such political calculations contained . but tho at present in the many such curious calculations presented to the age by that author of the happy future state of england , he doth as to the rabble of readers , vinum raris praeministrare , whereas water would have served their turns as well , yet i believe its impression on men of refined thought and sense will be such as to make the way of writing of politicks hereafter without calculations , grow as much out of fashion as the garb of trunk-breeches . my lord , i have herewith for your lordships farther entertainment thought fit to publish sir william petty's rough draught of naval philosophy . the filings of gold are precious , and a schytz or hasty piece of painting done by a great hand is of great value . to have drawn so great an historical picture of that philosophy , as he had the idea of in his mind , would have took up his whole life : and he therefore considering the little value the age hath for such curiosities , thought it only worth his while to finish this piece up at one sitting , and to shew posterity what he could have done . but in this as it is , the judicious few will find many a coup de maitre , and may instruct themselves thereby in some very considerable principles relating to naval and maritine knowledge . my lord , i know that providence hath so disposed of the course of your lordships life , as to call you to do things that are to be written of , rather than to read things by others already written . your lordships great and successful courage and conduct , lately so conspicuous to the world in the taking of cork and kin●ale , will employ the writers of the annals of our nation , and adde a further lustre to the name of marlborough , which was so much ennobled by your lordships predecessor , that the great poets of the age crown'd him with their just laurels , when they said , marlborough who knew , and durst do more than all . there is one noble invention that was there tributary to your lordships success , i mean that of guns : but as great and noble as this invention is , ( and which was found out by a german in the year . and whereby the lives of men , if we reckon by wholesale , are better preserved in the defence of cities , and by the fate of victory being sooner decided in camps , that hinders armies from so much butchering one another as formerly ) it hath been by snarling writers of great name maligned ; and because by it some men were killed by retale , it hath been render'd execrable and diabolical ; and that not only by polydore virgil , but by cardan and melancton . nor need it be told your lordship how much this invention hath been improved since its first use . the manner of contriving and applying them hath not been less improved than the way of preserving light for the passengers in our streets , since the finding out of lanthorns hath : the only author i know , who hath recorded the original of lanthorns is our learned antiquary mr. gregory , in his learned notes on ridley's view , &c. he there tells us , p. . that the inventor of lanthorns was our king alured , in whose dayes the churches were of so poor and mean a structure , that when the candles were set before the relicks , they were often blown ou● by the wind which got in , not only per ostia ecclesiarum , but per frequent●s parietum rimulas ; insomuch that the ingenious prince was put to the practice of his dexterity , and by occasion of this lanternam ex lignis & bovinis cornibus pul●herrime construere imperavit ; by an apt composure of thin horns in wood , he taught us the mystery of making lanthorns . but our new invented glasses and lamps , that casting out so powerful and extensive , and withal so durable and chearful an illumination , as to make mens passing about their affairs in the night not only tolerable but pleasant , have much outdone the lanthorns invented by our monarch , in diebus illis . yet on the publishing of a paper containing the various uses this invention might be of to the nation , and wherein it was mention'd inter alia , that these lights might for the publick good be employed at the light-houses , which give directions to sea-faring people in dark and stormy nights ; and that these lights being so clear and strong , and continued with so much certainty as might probably save many from shipwrack , where the usual coal-fires or candles often fail , by either not giving sufficient light , or by the uncertainty of these lights , subject to so many acciden●s as doth often occasion the great losses both of men , merchandize and vessels : the patentees of these new lights being invited to discourse with those that have the charge , and receive the profits of the light-houses , they said , they thought they came to save their candles , but since the oyl necessary to maintain these lights ( though a pint , which would cost about a groat , they were told would serve one lamp burning twelve hours ) was dearer than candles , they declined the use of these lamps ; whereupon the patentees telling them , they thought the saving of men● lives and goods to be of more importance than the saving a few candles , desisted from further application . i might here too instance in the invention of the scarlet or bow-dye , the exportation whereof hath brought us in return so much treasure , was put to it to make its way into the world through much opposition . and thus is , and was , and always will the birth of every new art and science be of difficult parturition , and the inventors be enforced to cry , fer opem lucina , i mean , to crave aid and patronage from such generous and heroical and publick spirited men as your lordship . my lord , about eighty years agoe the invention of the new-river-water was much labour'd , and it was a kind of partus elephantinus , about ten years in bringing to perfection by sir hugh middleton ; but stow tells us of the great danger , difficulty , detraction , scorn , envy and malevolent interpositions it first encountered with . and indeed it may be said , that after the six days work and adam's fall the world was yet a kind of chaos as to the use and service of man , till necessity and humane industry set his reason to work , and by degrees to invent and contrive how to apply and dispose the things he found therein best for his ease and service ; and teeming nature goes still big with new inventions to improve the things we have , and is ready to bring them forth , whenever philosophical and industrious men lend her their midwivery : and for this purpose i am thinking , it was a noble and ingenious saying of seneca , pusilla res mundus est , nisi in illo quod quaerat omnis mundus habeat , senec. nat. qu. l. . par . . i. e. the world were a poor little thing , but for its affording ample matter of research and enquiry to all succeeding ages . my lord , there is another incomparable invention that was found out not many years since , and which without some such patriotly hero as your lordship awakening the age about it , is likely to fill up the number of lost things ; and it is the new engine that so much exceeds all formerly used for the eternal preservation of our royal rivers , by deepening them , and making them every where navigable , and taking away all obstructions and shelfs in a very short time . sir martin beckman , the chief engineer of england , and as i am informed the ingenious sir christopher wren , their majesties surveyor general , have given their approbation thereof ; and as likewise did king charles the second , who was highly pleas'd therewith , and declared after he had seen the working of the engine , which in his majesty's presence took up about a tun and an half in little more than a minutes time , that he was perfectly satisfy'd it would answer the end proposed ; and that by means of its working horizontally , it made no holes , but rather fill'd such as lay in the way of its working , and left the bottom of the river level as it wrought , whereby such inconveniencies would be avoided , as had happened from the common ballast-lighters making such great holes in the river of thames , and in which several of the kings as well as merchants ships coming to an anchor , had broke their backs . and his majesty having been made acquainted that this engine being sent down below bridge to berking-shelfe , where is nothing but hard shingle , and that after half an hours breaking ground , it took up at foot deep , about two tuns in a minute and a half , during the whole time it wrought , he said thereupon , that he thought there was no way practicable for the deepening the river of thames , and removing shelfes therein , but by this engine . this engine was invented by mr. bayly , an excellent engineer , and much cultivated and improved to its perfection by the great expence of mr. joseph cotinge . king charles the d . so often going down that river in his barges and yachts , took occasion thereby often to consider the state thereof , insomuch that upon a publick hearing in council , that the lord mayor and aldermen had upon their complaint against patents that straiten'd the river , and licenced encroachments on it , he took occasion to speak it openly , that the river was shallower before his yard at deptford by three foot since his restauration , and that if it should be but a foot shallower there , his ships that did ride at anchor there would be spoiled . but i have heard mr. shishe , the master-builder there , and likewise sir phinehas pett , who was formerly master-builder there , and afterward at chatham , averr , that the river is there very near four foot , if not altogether , shallower than it was at that king's restauration ; insomuch that their majesties ships there ( as likewise in the river of medway at chatham ) do ground about four foot before they have water enough to wind up with the tide of flood , the which doth very much strain and wring them to their great prejudice , and that if there be not a speedy course taken to remove some encroachments , and prevent all future ones , and the farther stopping up those rivers with sullage , those two royal rivers will be spoiled , and in a short time useless for capital ships riding therein , and the crown be put to immense charge in purchasing of ground for other ship-yards , and in making of docks and store houses , and building new dwelling-houses for the officers of the yards . i remember , visiting my worthy friend mr. brisband , who was secretary to the former lords commissioners for the admiralty , he entertain'd me with the fight of many papers in his office that related to the applications that had been made by the city of london to that board , for the preservation of the river of thames , and one of them was a paper of the city's reasons against the patents for licensing encroachments , and straitning that river , and which seem'd to me very weighty , and drawn with such great care and pains , that what councellor soever drew them , i am sure he deserved a very large fee from the city ; and out of which i noted down this passage , namely , that if that river were spoiled , the great trade of england would be transplanted , not to other sea-port-towns in england , but to forreign parts . those reasons mentioning patents of the soil to the low-water-mark on both sides the river , inferr , that without speedy care taken , the river will be so straiten'd as to become thereby not only useless , but even hurtful to shipping , by a violent and rapid course of the tide that will then necessarily ensue : and the city therein complains of a lease made of a great part of the soil of the river , and that the right of the disposal of the shoar of the river , or the conservatorship thereof , may by survivorship accrue to a colour-man in the strand . mr. brisband informed me , that those commissioners of the admiralty as well as the lord mayor had taken a great deal of pains in the preserving of the river , and that it was incumbent on both their offices so to do ; for which purpose he shew'd me a most judicious and learned report made by the judge of the admiralty , wherein it was said , that the admiral is by his office and patent not only custos maritimarum partium , but custos portuum & conservator fluminum infra fluxum & refluuum maris ; and that he is by his patent empowered to make sub-conservators , and hath by the statute of primo elizabethae a concurrency with the lord mayor of london in the conservatorship of the river of thames , and that the shoar of the river is a part of the river , and ought not to be held by private persons , as of their own right , but by those conservators in trust for the government . and in fine , that secretary acquainted me , that there was to be a survey of the river and the encroachments on it , to be made by trinity-house and navy-board , with the assistance of captain collins the king's hydrographer : and i have since seen a copy of that survey made accordingly , and great pains was therein taken . the great pleasure i have taken in going down that river in boats and barges , made me always wish well to the state of it ; but the sight of the papers before mention'd , inclined me to account it a patriotly thing to promote its preservation by all the means i could , and gave me occasion to reflect on the great wisdom and care of the publick that appear'd in our ancestors , when they made the admiral and lord mayor the conservators of it ; after the example of the old romans , as gryphiander in his learned book de insulis , p. . quotes several places out of the civil law , to shew , that they appointed their hydrophylacas , or conservators of their great rivers , and deliverers of them from being choaked up with annoyances and shelfes ; and he there p. . cites a. gellius for the ratio retandi flumina , id est , purgandi à virgultis , arboribusque in alveo natis , ne impedimento sint navibus , practised by them : and he saith , that simili verbo returandi usus est nonius quod est obturando contrarium , turneb . l. . advers . . and then speaking of the engines they used to that end , he saith , in quem usum instrumenta hydrautica deducendis , hauriendisque aquis inventa sunt , de quibus vitruvius , l. . quem explicat turnebus , l. . advers . . gothof . in l. . c de excus . mun. l. . dalacamp . ad plin. l. . c. . those engines are long since gone among lost things : nor do i think we need wish any other engine for the purging the river of thames from obstructions , than this i have referred to : and according to the common observation of providence taking care to send both new diseases and remedies into the world in the same conjuncture , and often from the same place , ( as for example the lues venerea and guacum , and sassafras from the west indies ) it was worthy of its care for england , that at this time , when this our river , on which depends the fate of our nation is labouring under the most critical state it ever kn●w , and is ready to be destroy'd , to offer us such an engine for its being restored to such a good condition of being navigable , as its conservators can wish . my lord , there is one thing that hath caused most horrible ill effects to this river , and which i have met with no man who hath observ'd , and therefore it is fit it should be known ; and that is the fire of london : for every five yards of pavement a load of gravel is used , and a great part of this gravel lyes so loose , that by the force of the rain it is frequently driven into the sewers and the thames : and every pavement raiseth the street paved two inches at least ; but the burn'd part of london is at a medium four foot higher : and so i account that by the fire and rebuilding of london , more gravel and soyl hath gone into the thames than perhaps will again in the next three hundred years . some who are interested in this engine , have said , that by it the bar of dublin might be taken away ; but i have heard that that is a rocky barr ; and if so , such effect of the engine is not to be expected : but that such shelfes arising in our river from the gravel and sullage that are wash'd into it , may with ease be removed by it , is not to be doubted . this river glides along with a much more clear and gentle stream than the river of severn ; and the cause of the clearness of its water , is its running in a gravelly valley , and over a clear ground : and the great winding of the river , which locks in the water that it cannot make that haste down to the sea that it would , and the low-lying of the head-springs of it , from whence there is but an easie descent to the sea , are the two chief causes of the gentleness of its current : it may be here remark'd , that this easie descent of the waters to the sea-ward , is another reason why the tide flows up so high into the heart of this river ; for the more steep the river is , the less able is the tide to force its way up into it . swift rivers have always their heads lying high , or their course direct , or both . since i have been ( as i may say ) a student of this river , i have took occasion to pitty those who look on the strange shifting of tides in this river as a great prodigy , because happening seldom : but i think the cause of the shifting of the tides , is only the over-bearing of their course , when they are at their slackest , by a northwest wind , which is the most powerful adversary they can have on our coasts : for if a slow ebb be encounter'd full in the teeth with a hard storm , what can follow but a return of the tide back again ? and if the northwest wind either abate its fierceness , or shift into some other quarters , as the south-west or north-east for some short time , and then either return to its former place , or resume its former force , and do this once , twice , and again ( which we know is not inconsistent with the nature and custom of the wind off at sea , thô at land its wanderings are not altogether so sensible ) we may easily believe ( seeing so plain a reason for it ) that there will be a playing of the tide too and fro , and several floods and ebbs succeeding one another in a few hours space . my sentiments in this place are those of the author of britannia baconica . it was the praediction of campanella , that venice should at last be destroy'd by oblimation , that is , by the sullage of its waters that should spoil their being navigable . and gryphiander in his book before mention'd , hath a great deal of curious learning , to shew what famous rivers in the world had been destroy'd by obstructions : he in p. . cites ovid for his — vidi factas ex aequore ●erras . he in p. . making the three constituent parts of a river to be water , the banks and channel , considers the mutations incident to them all , and in p. . saith , ravenna italiae urbs ab augusto caesare portu manufacto aucta , nunc pro flumine spaciosissimos hortos ostendit , malis plena , sed de quibus non pendeant vela sed poma . ita patavij , aquileiae , & alibi latissima nunc jugera sunt , ubi olim classium stationes fuerunt , &c. leowerdia , bosswerdia , aliaeque frisiae urbes olim maritimae , nunc integro milliari a mari recesserunt : and then speaks of other excellent harbours there destroy'd by oblimation or sullage . and in p. . he hath a great deal of excellent learning much to this purpose , and saith , quod si perpetua sit fluminum mutatio , viderur ipse deus imperij & provinciae terminos mutaros velle , qui ob hanc cau●am moabitis minatur , fluvium ipsorum nimrim exsiccatum iri , ierem. . v. . psal. . v. . atque hoc experientia confirmat . de qu● lucian in charon . atque urbes tanquam homines , & quod magis est admirabile , etiam universi fluvii evanescunt . inachi enim nullum argis extat vestigium . seneca in hercul . oetheo . mutetur orbis , vallibus currat novis ister , novasque tanais accipiat vias . inde factum cum ex fluminum insolitis mutationibus praesagia sumerentur de mutationibus imperiorum , ut flumina ipsa ab ethnicis pro diis colerentur . v. natal . comit. lib. . mythol . . ita nilus in aegypto pro deo cultus . de cujus presagiis , seneca l. . nat. quest . . and there afterward speaks of the changes of the channel in the rhine . he doth often inculcate that notion , that the administration of the banks of rivers is a part of the regalia ; and he in p. . quotes a great writer of the regalia , to shew that the work of the inspection and conservacy of them is among the regalia : sicuti etiam jus retardandi fl●mina , ripas muniendi , alveumque purgandi : and there saith , hinc semper potestas statuendi de aggeribus ad ●uperiores pertinuit . ita romae remedium coercendo tyberi ex senatus consulto ate●o capitoni & l. aruntio mandatum , tacit. . annal. & constitutus est in eum usum certus magistratus ab augusto caesare , sueton. cap. . nempe curator riparum , & alvei tyberis ut inscriptiones veteres habent , lips. in comment . ad annal. tacit. tyberius etiam quinqueviros constituit , dio cass. lib. . quos titulos usurpare ne principes quidem puduit . this great part of the regalia , namely , the conservation of all the royal rivers of england , hath been always by our kings deposited in the hands of the lord high admiral of england and ireland ; and the trust thereof is both granted to our admirals in all their pattents , and is inherent in their office ; and in all the patents of the viceadmirals of the maritime countyes in both realms , the viceadmirals are expresly constituted conservators of all the royal rivers and ports belonging to those counties , as mr. brisband inform'd me upon his having perused the draughts of many vice-admirals patents ; i thereupon asking him whether those viceadmirals did put their power of being conservators of the royal rivers in execution ; he told me that upon his having consulted some of the offices and officers in the high court of admiralty about this very thing , he could find no foot-steps of their having minded the power of such conservacy : that he observ'd them diligent enough in that part of their office that enabled them to receive several admiralty perquisites and droits , of the which they were collectors for the use of the admiral , and to whom they often gave their accounts about the same ; but that he never found in the accounts of their disbursments any thing inserted of a penny charge they ever were at in the demolishing any nusances , or removing any shelfs in the royal rivers ; and that the doing this being a thing of great charge , and they having no allowance of any sallary to support their office , this work was never expected from them . thus then have eneroachers took what liberty they pleas'd , to make purprestures on the royal rivers in the countrey , and to build houses thereon as seem'd good in their own eyes ; and it hath there been , as gryphiander saith , p. . in corcyraeos propter impunitatem maleficiorum jocus est apud eustat . in dionys. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . i. e. libera corcyra , caca ubi velis . but the secretary shewed me how that in the finalis concordia of the th . of february , . before the king in council , between the common-law iudges and the iudge of the admiralty concerning prohibitions , one article agreed to , was , that the admiral may enquire of and redress all annoyances and obstructions in all navigable rivers beneath the first bridges , that are any impediments to navigation , or passage to or from the sea , &c. and no prohibition to be granted in such case : and from the foremen●ion'd report of the judge of the admiralty to the late commissioners of the admiralty , it is plain that the lord high admiral in his high court of admiralty here , under the eye of the government , hath variously acted in the conservacy of the river of thames ; for thence i noted down what follows , viz. it can be made appear by records in the court of admiralty , that licenses have been given by the lord admiral for the enlargement of wharfs , and that the said court hath punish'd persons for not keeping them in repair , and orders have been made from time to time for the regular lying of ships , by appointing how many shall ride a breast , &c. and the report mentions , that one was treated with by persons concern'd in a late patent , that he might be permitted to take in some part of the shoar to the low water-mark , and that another had de facto agreed with them for the summe of l. for taking in foot deep , and foot long of the shoar . i have been by my council at law inform'd , that he hath seen various late patents for granting away the soil of the shoar to private persons , not only in middlesex and surrey , but in the counties of kent , and southampton , and norfolk ; and that he saw a deed under the hand and seal of the colour-man befor● named in the city's reasons , the which deed was dated the d . of january , in the second year of the late king james ; and in which he covenants with some sea-faring people , inhabitants by the thames-side in wapping , that neither he nor his heirs and assigns will build any house or wharf on the soil between their houses and ground and the low-water-mark ; which necessarily shews that he claim'd a power of so doing if he would . but at the admirals granting licenses for the enlargement of wharfs i do not wonder , tho' yet there is no doubt but that both the admiral and lord mayor as conservators of the river of thames , have administred that branch of the regalia candidè & castè , and with great precaution , with reports after references to sworn surveyors , that the river would not be damnify'd by such enlargement of wharfs , causing any jettys to obstruct the course of the tide in carrying away the sullage ; a thing that generally happens by the encroachments that private persons have presumed to make on the river . and here i shall take occasion to observe , that it is not only possible in some cases to take in some part of the river without prejudice to it , but it is also probable that the taking in some places of the river would tend to the good of it . the general rule is , that we may with safety to the river gain upon the hollow shore , but not on the convex shore , or where there are head-lands ; for then it would change the channel and turn the stream into eddys ; as for example , if the custome-house-key should be carry'd further , which is already brought to the channel , it would be fatally mischievous . it hath been by several skilful surveyors told me , that after the fire of london , they upon the digging the foundation of the present custome-house , found that it was all such as we call made earth , and had been gain'd out of the thames , and therefore it was ( i account ) with great prudence , that the conservators of the river consented , that 'till they came to deep water , it should be gain'd in for the better convenience of navigation , that vessels might float at ebb as they now do at the custome-house . the same surveyors assured me that under st. magnus church they after the fire met with an old campshot and wharfing , gain'd from the thames , and that at the same time they were inform'd that there were found campshots much further from the thames in digging of cellars ; and whence it may be inferr'd probably , that all thames-street from queenhithe downward to the custome-house , was gain'd out of the thames . i give no hint of this , that any projector may take occasion from hence to begg thames-street . god be thanked , the illegality of granting forfeitures before conviction is now out of fashion . all vexatious or prolling patents are now in the state of damnati antequam nati : and it must be acknowledged to the immortal praise of that true english-man , sir george treby , the attorney general , that he finding their majesties names surreptitiously used in the prosecution of such a patent , did that great iustiee to the honour of the government , and to his own character , as to cause a cesset processus to be enter'd in the case . when i consider the many patents , both illegal and vexatious that passed in the reign of king charles the second , i call to mind that maxime , that the king can do no wrong ; that is , he can in no grant cum effectu , injure his people , but by some of his ministers in the law passing it , and who in so doing may be said , violare sacramentum domini regis . i believe that that excellent prince did in his nature wish well to the ease of his people as well as his own , while by the fault of some of his ministers so many grants surreptitiously did pass of the same conceal'd lands , and of purprestures , and of lands derelicted , &c. and when after composition paid by the people to one court-beggar , he sent another to their doors ; and when the suffering populace , whose pretended forfeitures were granted before conviction , were so often tempted to cry out , quem das ●inem rex magne laborum . it was in that reign excellently well said by the earl of shaftsbury , in his speech in the exchequer , at serjeant thurland ' s being sworn a baron there , viz. let me recommend to you , so to manage the king's justice and revenue , as the king may have most profit , and the subject least vexation : raking for old debts , the number of informations , projects upon concealments , i could not find in the eleven years experience i have had in this court , ever to advantage the crown : but such proceedings have for the most part deliver'd up the kings good subjects into the hands of the worst of men. and sir william petty in a manuscript i have seen of his , of the trade of ireland , for this purpose , taking notice of the several trades by which people there subsist , speaks of many there driving the trade of projectors , and of such who make use of the king ' s name , and the process of the exchequer , about concealed lands , to spunge composition out of such as are willing to buy their peace ; and he having shew'd how much the king is damnified by those traders , he saith very judiciously in the end , that this trade doth not add any thing more to the common-wealth than gamesters , and even such of them as play with fal●e dice , do to the common stock of the whole number . it is here therefore but just to take notice of the prudence of the trinity-house , in that after they had on the th . of august , in the th . year of that king's reign , pass●d letters patents , not only of the ballast of the river of thames , but also of all the wast ground , purprestures and encroachments , and soil to it belonging ; they soon found that it would engage them in controversies with the city of london , and seamen and sea-saring people , and therefore surrender'd it , and the surrender was enroll'd in chancery the th . of december , in the th . year of that king ; and on the th . of june , in the following year , they took out letters patents for the ballast alone . but there were patents passed of the same encroachments prior to the patent of trinity-house as well as after it ; and it may be said , that on those after it , the patentees came a gleaning , not only after the reapers , but after the beggars , since whatever trinity-house receives , is only for the use of the poor : however , the trinity-house in taking out that patent for encroachments on the thames , was made use of afterward as an example or president in that reign , for other c●urtiers petitioning for a grant of the encroachments on the rivers royal in the out●ports through all england ; and the petition referr'd found a favourable report from one of the king's council at law , but was stopp'd on the letters from all the sea-port towns in england to oppose it , as likely to be troublesome and vexatious to the people , and of which letters i have seen the abstracts . i thank god for his inclining me to ▪ value that habit of ●ind , namely , of not giving any man the least offence to get the greatest profit to my self , equal with my life ; and as those divine words of tully shew he did with his , viz. non enim mihi est vita mea utilior , quam animi mei talis affectio , neminem ut violem commodi mei gratiâ , lib. . offic. and were i commanded to write the history of the reign of any prince , and therein in proper colours to delineate any of the ministers at law to him who violated the ease of his fellow subjects , by the illegal passing of grants of forfeitures before conviction , i should transmit his character to posterity , in the words of vir natus ad corruptissimum istius saeculi genium : but the genius of the age is now for the making it self easie by its spewing up such patents : and the benefit the people find thereby , doth in a modest computation outweigh all the taxes they pay to the government . the magistrates of our metropolis are now eased from the labour of going in their formalities , and with a parade of city-officers attending them to whitehall , to seek relief as formerly in the reign of that prince . and i may for the edification of the citizens of our metropolis in loyalty , fairly take occasion here to mind them , that when ( as the story is in howel's londinopolis , p. . ) king james the first , being displeas'd with the city of london for their refusing to lend him money , told the mayor and aldermen attending him , that he would remove his court , and the tower records , and courts of westminster-hall to some other remote place ; and an alderman then ask'd him , if he would remove the river of thames ? that if the alderman thought that an impossibility , he was certainly ●ar gone in capon●brot● . for upon a discourse i had with a most sk●lful surveyor , on the occasion of my ●elling h●m that i thought whoever b●rgain'd away that part of the shoar that was before mention'd , viz. foot deep , and foot long , for l. sold robin hood's penny worths of it , his measures agreeing with mine therein , and that many a man would have given l. for the same ; i found on the result of our conference how the crown might grant away but a moity of the river of thames , namely , the shore to the low-water-mark on both sides , ( and which would in effect destroy the whole river as aforesaid ) and gain the value of four aldermens estates by it . for thus his calculation was , viz. to sh●w that whoever gave l. for it , would gain l. by the bargain . to go into the thames foot long below bridge , will cost a man l. with the slighter sort of wharfing . if he goes foot deep , he hath it fill'd for nothing with rubbish ; so then he gives l. and giveth l. more for the charge of his whar● : and he may gain l. by the bargain by the ground●rents , thus , viz. he may build forward and backward on the premises , and may compute the ground rent by or s. the front houses per foot , and s. d. per foot the back houses ; so then there being in a mile above foot , he will gain in one mile times , that is , l. and the like on the other side ; and so proportionably for another mile on both sides ; quod erat demonstrandum . there were by the appointment of king charles the second two surveys made of the river of thames , the one of the several depths of the river in its parts below bridge , perform'd with great care and skill by that excellent mathematical person , sir jonas moor , and a copy of which i can direct the conservators of the river where to obtain for an inconsiderable charge . the other was a survey of the encroachments i before referred to , perform'd by the navy-board and trinity-house , with the assistance of captain collins , his majesties hydrographer , and wherein i said great pains was taken ; and a copy whereof is herewith publish'd for the use of the conservators of the river , and i can direct them to captain collins his most accurate draught of the river , and most necessary to be had by them : and he in my judgment deserves to be well rewarded with some acknowledgment by the city for the great pains taken , and skill by him shewn in that draught , tending to the preservation of their river : for he hath thereby laid an everlasting foundation for the easie and certain prevention of all future encroachments on the thames , and which may be this way , and i believe cannot possibly be effected by any other ; namely , if the lords commissioners for executing the office of the lord high admiral shall appoint the marshal of the admiralty , or some other person , and the lord mayor appoint his water-bailiff at the mending or repairing of any wharf upon the thames , to see a stake stuck down , beyond which the repairers of the wharf shall not proceed ; and both of these officers shall be order'd to demolish immediately whatever shall be added beyond such stake . captain collins his draught doth sufficiently set forth how far the encroachments went that were made before the month of october , . the month in or about which he gave in his draught , and to which this printed survey referrs . vpon my consulting the authors that write of the regalia , to know their sense of the office of a conservator , i found this definition of it there , viz. conservator est qui sine judiciali examine jus aliquod publicum tuetur . nor is there any moot-point in our law that need divert our conservators of the royal rivers from the immediate demolishing of nusances , sine judiciali examine . for as little as i have convers'd with law-books , i find * that a nusance once erected may be abated by any body , and that before prejudice receiv'd , and that it cannot be granted by the king , nor continued by the king's grant or pardon . and therefore when any one buyes a nusance , say i , caveat emptor : i wish that all mercy may be shewn to those who have formerly encroached , and even to their old encroachments , as may be without cruelty to the river . but i am inform'd that that merciful prince , king charles the d . gave order to the lord mayor for the demolishing some particular new encroachments that were very prejudicial to the river of thames . he w●ll kn●w that two parts of three of the customs come to the crown from the port of london : and no doubt but the consideration of that , as well as the national concern of his subjects , inclined him to endeavour th● preservation of that river by the most effectual means ; and he being so of●en upon the river , knew well that it would bear no more en●roachments , it 〈…〉 in the pool so full of 〈…〉 in of the 〈…〉 that a b●ar can hardly pass . he 〈◊〉 that the great strai●ness of the 〈…〉 the conserva●o●s 〈…〉 more ships to 〈…〉 been formerly 〈…〉 might produce ●he danger of 〈…〉 . his majesty and a●l his people , both representative and diffusive , had been long sufficiently acquainted with the doctrine of nusa●ces , since the passing of the act against irish cattel , and that a patent for a nusance was not worth its weight in burnt silk : and he hath been often heard to say , that he would damn all patents that damned the river ; and that the granting of things to the low-water-mark must needs be vexatious ; for that the neap tides and spring-tides being so various at different times of the month , and different times of the year , beside all variety of wind and weather from abroad , the great uncertainty of such grants must make perpetual disturbances among his subjects ; and that if any presumed to take in the river to what may seem the low-water-mark , that then ships lying by the walls would encrease the mudd there , and add to the dirt thrown in , and that that might be built on too , and so the river be annihilated . and he being inform'd that the person who had made that encroachment so prejudicial to the river , and which he purchased for l. was only fined by my lord mayor's court of conservacy l. for it , was resolved to have it demolish'd , b●th for the good of the river , and to terrifie encroachers for the future ; for that he well knew the demolishing of that one encroachment would spoil the market of selling nusances for ever . nor is it to be wonder'd at , that his majesty was so thoughtful and resolv'd about the preservation of his river of the thames , since the care of some royal rivers , not so considerable as that , hath been known to take up so much of the time of the council-board , when they were much endanger'd by obstructions and annoyances . i shall here take occasion to mention what i find in sir julius caesar 's manuscript collections of matters of state , that after king james had granted the conservacy of the river of tyne to the mayor and burgesses of new-castle , complaints were brought to the council-board , of the great decay of that river ; whereupon on the th . of january , an. . certain articles were order'd to be put in execution for the remedying the abuses complained of : and it appearing that that river was in such eminent danger of being destroy'd , if a very speedy course were not taken concerning it , the council order'd that sir iulius caesar , and sir daniel denne , one of the judges of the admiralty , with the assistance of the trinity-masters of london , should draw up additional articles to be joyn'd with the former , for the effectual conservation of that river : and one of them was , that some truly trusty substantial men , burgesses of new-castle , be appointed to view the river every week , and to make oath of the abuses done to the same ; two of them to be masters of the trinity-house of new-castle , and they to have no coles , nor mines , nor ballast-shores , and who might be thought not concern'd for their own profit in casting sullage into that river . the government then thought not fit to make any men guardians of the soil of that river , who had a pretence by patents to inherit it . in short , when the sun is just come into its winter - tropic , the dayes begin to lengthen , and not 'till then ; and when things were at the worst with the river of tyne , they did then begin to mend : and the wisdom of the government shew'd its dominion over all the starrs , whose influences threatned that royal river : dictum , factum ; and that river is preserv'd to this day , and so i hope with gods help will the river of thames , and all our royal rivers be for ever . it was the saying of maximilian the first , deus aeterne nisi vigilares quam male esset mundo , quem regimus ego miser venator & ebriosus ille julius . the viceadmiral of the county , and the mayor of newcastle were in that conjuncture drowsie conservators of that river ; but divine providence was then awake to preserve that great useful river , and to awaken the government to take those measures for its preservation that were necessary , and suitably to which a fac simile might easily be taken on occasion for any other of our royal rivers . there is another of the royal rivers where the great concern of navigation did so wo●thily employ the time of the council-board in the reign of king charles the first : for one morgan having built a house at crockyern●●ill , in the port of bristol , ( and in which place posts had formerly b●●n er●ct●d , for ships and barks being fasten'd to them ) the lords of his majesties council upon a complaint of that hindrance to navigation , made an order that morgan should demolish and pull down that house , that so posts might remain there as formerly , for the fastening of ships ; as may appear by two several orders made at council-board , the one bearing date the th . of june , an. . and the other the th . of october . and if any private person may abate a nusance , even before prejudice receiv'd , none need make it a question whether the king or his privy council may , or persons by them commission'd so to do . because ( as we say ) that which is every body's work is no body's , for that reason the law hath entrusted that power of abating nusances in the royal rivers to the lord high admiral , as their conservator , ex officio ; and here for the doing that in the river of thames , the lord mayor hath been admitted to that trust ; and it is vested in both of their offices , both by grant and prescription , according to that distinction so often used among the writers of the regalia , cumulativè but not privativè ; that is to say , by the accumulating the power of conservacy both to the lord admiral and the lord mayor , neither of them is deprived of it . neither would either be deprived of the exercise of their power of demolishing nusances , if the king should grant a commission to many other particular persons so to do : nor yet would the commissionating of many other such persons deprive the rest of their fellow subjects of their right so to do . and here it is obvious to be said by the way , that thô a patent that pretends to grant encroachments or nusances is void , yet a patent or commission to throw them down is most certainly very legal . but yet if any man were so publick-spirited as without a patent to attempt a thing so beneficial to his countrey , he would be able to effect it with as much readiness as that honourable person , who hath on many accounts deserv'd so well from his countrey , the earl of craven , without patent or commission , or a parade of officers and gilded maces going before him , hath been long obey'd in the quenching of fires . my lord , i believe the english nation is doubled in populousness , since the ancient methods were first used of trusting the care of conservacy of the royal rivers in the countrey to our vice-admirals , whose so long non-user of their power relating to the encroachments on them , hath sufficiently appear'd by the many patents of those encroachments in the several countreys granted in the reign of king charles the second , and the which hath beside the inconvenience of the straitning those rivers , produced another to our navigation , namely , the creating much trouble by innumerable law-suits to our navigators , who generally inhabit by the sides of those rivers , and where their ships use to lye : and it is pitty but that some clauses should have been inserted in those patents , to direct a different way of prosecution in their case from that of other subjects , and that unless very enormous prejudice had come by their encroachments to the royal rivers , the seamen might not have been put to it to give compositson-money for the licensing their nusances . it hath been truly observ'd by a late writer , that seamen are easily tempted to seek good entertainment in other countreys , if they find it not in their own , and that they are apt to change their own quarters , and embarque in forreign service , sometimes upon a capricio of their reputing themselves disobliged at home , and at other times on their expectance of being better used abroad . and in a remonstrance from trinity-house to the earl of nottingham , lord high admiral , it was certify'd by them to his lordship , that in a little more than years after . the shipping and number of our seamen were decay'd about a third part . it seems by the wise conduct of the government then , our sea-men and their numbers were carefully enroll'd . but so indulgent was queen elizabeth to the seamen in her reign , that we find in the act of parliament , eliz. c. . an act for restraining of new buildings , a particular tender regard is had to the seamen ; for there it is said , provided also notwithstanding any thing in this act , it shall and may be lawful for every such mariner , sailor , &c. as shall be allow'd by the lord admiral , a●d the masters and company of the trinity-house for the time being , in writing under their hands and seals to continue in his habitation in any house that hath been built sithence the said proclamation , near to the thames-side , serving only for the habitation of such mariner , and not to be used for any victualling-house , nor for any house for any merchandize , &c. and likewise that any mariner may hereafter build any house for such purpose , and for no other , on or near the thames-side , so as it may be distant from the very wharf or bank thirty foot , so as people may pass between the said houses , and the said bank and the thames , &c. i speak not this as if i would have any mariners make any new encroachments on any of our royal rivers , especially on the thames , which is already so much straiten'd : but i urge it to shew how the wisdom of the government then did make it ( as i may say ) a fundamental rule for the preservation of the river of thames , that even while encouragement was providing for the sea-men , ( the walls of the kingdom ) yet houses by the thames should not be permitted , but by the allowance of the admiral , the great conservator of all the royal rivers , and the trinity-house , first had under their hands and seals . several of the members of the trinity-house dwelling by the thames-side below bridge , cannot but as they go up and down by water , take notice of the encroachments as they are making , and which of them will eminently prejudice the river , and which not , and so are the more proper to be consulted in the case . and from hence we may collect this great document , and so necessary to be thought of again and again , by the conservators of our publick rivers , namely , that whatever alteration is made in them , by building on them , thô never so little , ought to be with great care , and with the use of the consilium peritorum , and not by the arbitrage of private patentees and their executors , but by the publick conservators , to whose personal circumspection and skill that great trust was always committed by the government ; the office of the admiral having never been granted by inheritance , as some great offices , viz. the earl marshal and lord great chamberlain have been . and there is another instance of the ancient care of the government over the river of thames , that is very memorable , namely , the excellent institution of the wardmote inquest , the which thing hath worthily made the government of the city of london so famous all over the world. i have read the articles of the charge of the wardmote inquest , that were in print in queen elizabeth 's time , whereof the th . article is , ye shall swear that ye shall enquire and truly present all the offences and defaults done by any person or persons in the river of thames , according to the intent and purport of an act made by our late sovereign lord king edward the th . in his high court of parliament , and also of divers other things , ordain'd by act of common council of this city , for the redress and amendment of the said river , which as now is in great decay and ruine , and will be in short time past all remedy , if high and substantial provision and help be not had with all speed and diligence possible , as more plainly appeareth in the said act of parliament , and the said act of common-council of this city . here the most grave and substantial citizens , are put to it by a promissory oath to stake their eternities , and in effect to invocate god , both as witness and revenger , about their doing right to that river in their presentments ; and i am sure the present state of it being conformable to the words , in that article relating to its great decay and ruine , &c. is what they may safely swear in an oath assertory . howel in his londinopolis , p. . speaks of this article still continuing in presentments in the wardmote inquest . when the government did anciently order the lord high admiral and the lord mayor to espouse the interest of this river , our monarchs did not present to them , as one did who told a roman emperor , he offer'd him a lady , who was vidua & indotata . as much as it hath been ( as i may say ) widdowed , and bereaved of that care it should have found , while many now living remember at least a fifth part of it to have been taken in by encroachers , it brings in still a very fair and plentiful dower to the lord admiral and lord mayor . the lord admiral hath been by it enabled to support the trinity-house by the ballast-office ; and i in my conscience think it well bestow'd on them , that is to say , on the poor seamen whom that excellent corporation relieves thereby . the chainage of ships belongs to the admiral , and the right of the ferriage over all rivers between the first bridges and the sea is a perquisite of admiralty , and the right thereof is inherent in the office of the admiral ; and 't is notorious that the right of the ballastage in all the other royal rivers of england belongs to the admiral , as well as in the river of thames . there is the perquisite of anchorage in the thames , as well as elsewhere , belonging to the admiral , as are likewise many other perquisites , and that are enumerated in the admiral 's patent . nor can any right belonging to the admiral be pass'd by the crown under the great seal to any one but by the admiral 's warrant to the attorney or solicitor general . to the lord mayor as water-bayly and conservator of the river of thames , several fees and profits belong : and to that office of conservator belongs the office of measuring coals , grain , fruit , in the port of london , with the fees belonging to it ; and the fines imposed in his court of conservacy , or by the commissioners of sewers for misdemeanors that concern the river ; and other perquisites , and in the which the admirals have long ceased to intermeddle ; and not without cause , because of the great charge incident to the lord mayor's conservacy of the river , and particularly in matters relating to the fishery , and the charge that attends the traversing indictments , and removing them to the kings-bench , as likewise the charge of suing out scire facias ' es to vacate the grants of particular persons that entrench on the rights of the lord mayor's conservacy , and which charge they have often supported without being therein assisted by the lord admirals . i might instance in many passages in the reigns of our kings long ago , concerning the lord mayor's applying to the government , when private courtiers had surreptitiously obtain'd patents that interloped in the conservacy of the river ; as for example , edward the th . having made a grant to the earl of pembroke for setting up a weare in the river of thames , and the lord mayor applying to the king about it , obtain'd a scire facias to vacate that grant , and vigorously prosecuted the vacating thereof to effect . and how in the two last reigns several lord mayors with great industry and charge prosecuted the vacating of patents that they judged entrenching on the conservacy , that both by charter and prescription belong'd to them , is known to every one : nor will the unwearied diligence of those patriotly lord mayors , sir william pritchard , sir henry tulse , sir james smith , sir robert jefferys , sir john peak , in thus shewing their zeal for the conservacy of the river , be ever forgot , while that city keeps records . and they are strangers to the character of the present lord mayor , both for integrity and prudence in political conduct , and his zeal for maintaining the known rights of the city , who shall think that if he had been at the helm of them government of the city when they were , he would not have steer'd the same course as the most active of them did , and that with such a courage as is worthy the high sphere of magistracy he moves in . a coward ( saith one ) cannot be a good christian , much less a good magistrate . solomon 's throne of ivory was supported by lyons . innocency and integrity cannot be preserved in magistracy without courage . magistrates are great blessings , modo audeant , quae sentiunt , if they dare do their conscience . me quae te peperi ne cesses thorna tueri , was the ancient inscription of the bridge-house seal , and which may give an occasional hint to any citizen of london , advanced to authority and opulency therein , to wish well to the defence of that river that hath so long bred and preserv'd the riches of that city . i am here led to observe , how that river being pester'd by various annoyances in the reign of henry the th . and the lord mayor's offices being made uneasie , and hinder'd in the conservacy of the river ; the city apply'd to the king for a proclamation , who accordingly issued out one in the th . year of his reign , strictly requiring , that none should presume to resist , or deny , or impugne the lord mayor or his deputies , in doing or executing any thing that might conduce to the conservacy of the river , &c. and methinks the customary yearly solemnity of the new lord mayor's attended with all the city companies in their barges on the thames , and there on that river above bridge having their first scene of triumph , as they are going to westminster-hall to be sworn , should give them occasion to think often of that rivers preservation in the following part of the year . i am here led to call to mind a fatal danger that that river above bridge escaped in the reign of the late king , when some were so hardy as to offer him a proposition , and in the way of a project to enlarge his revenue by straitning the river , and by building another street , between the high and low-water-mark , from the bridge to white-hall . but thô so great a straitning of the river there would not have been so prejudicial to the publick as lesser straitnings of it below bridge , where the great scene of navigation lyes , yet his majesty with great judgment gave a peremptory denyal to the proposition , for this particular reason , namely , that such an alteration in the river might perhaps produce an alteration in the tide of flood , and be the cause of its not flowing so many hours as it doth , and which effect too he thought the building of a bridge at lambeth ( a project that some offer'd to his consideration ) might produce , it being obvious that the obstacle the course of the tide meets with by london bridge , doth much occasion the tide of flood being the shorter . and if great care had not been taken by the trinity-house , in the government of their ballast-lighters , and ordering them not to draw up ballast too near the banks of the river , there would have been great danger of another accident that might have curtail'd the tide of flood ; i mean by their coming nearer to the shoar than the safety of the great level by limehouse will admit . in the same time that they can draw up one tun of ballast in deep water , they may draw up three near the shoar . a breach in that level did within these few years cost the proprietors l. a third part of the value of the land : and if a new greater breach came , perhaps it would not be repairable , and possibly cause the thames not to flow up so far as it did , and yet doth . but any thing of this nature we may well hope will be prevented by the excellent management of the ballast-office , by the industry of that virtuous and prudent lady , the lady brooks , who hath the lease thereof from the trinity-house , and hath taken much more care of its being managed for the good of the river , than was took formerly . i forgot when i was just now considering the affair of the annoyances and streightning of the river above bridge , to mention it , that a gentleman of the temple , who has not been many years a barrester , told me , he remembers that since he was of that society , the river at low-water came up so far as to touch the garden-wall ; and every one knows at what great distance it is now from the wall at low-water . my lord , i have here given your great active thoughts the best entertainment i could upon our royal rivers , and particularly on the thames . great men are like the heavenly bodies that find much veneration but no rest , unless we find a salvo for their having the latter , by saying what the philosophers do of the heavens , that movendo quiescunt . and whoever will be just to your lordship , must acknowledge that you have esteem'd your self most at your ease and rest , while in the high orb fate hath placed you in , you have been most active and busie in blessing the world with your i●fluences . your lordship need not be directed to that moral remark , that your private good is included in the publick , tanquam trigonum in tetragono . and as in nature we see that all bodies do by their own proper center tend to the center of the universe , so they that know your lordship , know it is natural to you by your tendency to your own welfare and happiness to endeavour to promote the bliss of your countrey in all the wayes you can . your lordship is no stranger to what the roman poet saith of caesar , — media inter praelia caesar , astrorum coelique plagis , superisque vacabat . and therefore if his great mind could in the heat of battel find leisure to employ it self about the imaginary circles in the heavens , and which only salve the appearances , i believe if presently after you had charged in a battel , i had hinted to you some of the great matters before mentioned , that are as real as th●se three great foundations of real learning can make any thing , i mean , number , weight , and local motion , and matters on which the salus populi doth absolutely depend , your lordship would have given me the hearing . and having said this , i shall not doubt but that now you are by providence brought to support the crown and your countrey , by the great figure you make in the council and parliament , and in the peaceable administration of the civil government , your lordship will therein be as vigilant for the publick as ever you were in war. nor to a soul so refined as your lordships could any war but what is in order to peace seem eligible ; and when in the case of any degenerate stupid members of mankind , who are deaf to all reasons for their being happy , or suffering others to be so , you are call'd to awaken the world out of its lethargy with the sound of drums and trumpets . but it is an easier and gentler way of awakening any of our magistrates , whom you may judge to be sometimes drousie in the administration of those great trusts reposed in them by the government , that i here most humbly offer to your lordships thoughts , and particularly as to the publick concern in the con●ervacy of the publick rivers , and the care of which in this growth of the populousness of our countrey , and overgrowth of the abuses done to those rivers , may well call for the supervisorship of some particular person or persons , who either being commission'd for their conservacy under the crown , or the commissioners of the admiralty may really conserve them . nor need the vice-admirals commissions on this occasion be alter'd . let them be nominal conservators still , and real ones too as far as they please . nor need any the least deduction be made from , or intrenchment on any fees taken by the lord mayor's deputy water-bayly or sub-conservators for the river of thames , as i find him styled in that book of howel , where he p. . treating of the state of the lord mayor , saith , he hath a sword-bearer , common-hunt , and common cryer , and four water-bayliffs , esquires by their places ; whether he there makes three too many , i know not , i have formerly heard of one too many . but thô neither mayor nor admiral can erect a new court of justice without an act of parliament , or letters patents from the crown , yet common reason tells us they may make as many sub-conservators or deputies for the ministerial work in the conservacy of the river as they please . and if any one publick spirited man were either by the crown or admiral entrusted with the conservacy of the other royal rivers , he might for each of them employ what hands he pleas'd . quod quis per alium facit per se facere videtur . according to the vigilance and prudence of the former commissioners of admiralty , in effecting the before mention'd survey of the encroachments on the river of thames , and likewise the draught of the river by captain collins , the like surveys and draughts of all the other publick rivers beneath the first bridges , may in a years time or thereabout be prepared , the which draughts of the respective rivers being fairly set out in frames , may usefully be hung up as ornaments in a gallery in the house of such general conservator for the time being , and be left to his successors to have the custody of . and to such draughts recourse may easily be had by any of their majesties ministers of state , or officers in the admiralty court or navy , or by the trinity house , upon occasion . such surveys and draughts being skilfully and accurately prepared , and some elbows of wharfs and jettys being taken away , whereby the sides of the rivers may as much as is needful come toward the shape of a right line , the course of the rivers themselves will begin to cure them of their sullage ; and such eddys as caus'd the water to settle with the mud formerly be prevented : and these draughts of the rivers serving as the standards by which all future enlargements or diminutions of wharfs or banks may be guided , will make it appear as absurd for encroachers to break in upon them thus reform'd and regulated , as it doth to clippers to incroach on our curious new mill'd moneys and the letters about their edges , and as absurd for any to begg patents from the crown to take in the lines of our publick rivers , as the letters of our coyn. and thus after a little diligence and resolution employ'd in the first setling of this work , the constant conservacy of all our royal rivers , would be comparatively easie , the populace seeing that the government was in earnest in the thing , and as it appear'd to be in the conjuncture before mention'd , when the magistracy did rouze it self for the preservatio● of the river of tyne . who would have thought that after the survey of the encroachments on the river of thames , and the draught of that river by captain collins , they should be no more minded than if such a survey had been made of the annoyances of the rhine or texel ? would any one think that after the vast pains taken by the trinity-house in going down the river to perfect its survey so many times , in the extremity of winter-weather , and many of them being veteran seamen , thereby contracting dangerous colds , coughs and catarrhs , because the government required the survey to be made with all expedition ; and after that excellent seaman and hydrographer , captain collins , had in order to the making his draught of the river exact , made so many weary steps in the mud of the shore , yet many summers after summers should pass without any thing brought to effect for the good of the river , or the abatement of one causway or other nusance , and both survey and draught be no more regarded than an old almanack calculated for the meridian of paris or madrid ? nay , which is more , can it be imagin'd that captain collins , a person of great integrity , should relate it to another such person , that he within this year or thereabouts , going to see the sides of the river formerly survey'd , and to find what effects the survey and his draught had there produced , that he there found stone-wharfs built into the thames for three or four hundred foot in length , and from ten to thirty foot in breadth ; and that he found a great many other smaller encroachments on both sides of the water , and several new causeways , which in time would raise the mud equal to the superficies of the causways ; and that he acquainting the city-officer entrusted with the care of the concerns of the river therewith , had from him instead of thanks a ruffianly answer ? yet these very words of the captains speaking were noted down from his mouth by the person to whom he spake them . thus is the case of the rivers survey and abatements of its nusances , like that in the epigrammatist , eutrapelus tonsor dum circuit ora luperci arraditque genas , altera barba subit . his dilatory shaving occasion'd a new beards forth coming . but that the watermen may have no cause to complain that they cannot land nor take in their fare , if they may not have that use of the causways that the survey mentions as prejudicial , i shall here say , that both their fare and they may be accomodated as well below bridge as above , by the vse of a truck or board with wheels at the end next the water , to move too and fro as the tide comes in or goes out , which may answer their purpose . and if those to whose care the conservacies of the rivers are entrusted as depositories , may happen to tell your lordship that they are not at leisure to mind the vigorous discharge of this trust , a reply may be had from the trite passage of king philip's telling a complaining woman that he had no leisure to do her justice , and on which occasion she said , that then he should have no leisure to be king. most certainly he who receives a depositum , obligeth himself to be at leisure to preserve it : and i never knew any iudge but who would find leisure to ampliate and enlarge his iurisdiction , especially when he saw any men find leisure to try to diminish it . there was one thing that seem'd to be of some moment for the discouraging any one from a belief of the likelyhood of any of the encroachments on the royal rivers being shortly removed , or of the event of any person of honour or quality's being likely to undertake to serve his countrey therein ; namely , the want of any fonds to support the charge of such office. but as to which , it is obvious to consider that the law is open to compel encroachers to be at the charge of abating their own encroachments , if able to do it , and wherein such especially who after the survey made encroachments on the thames , will deserve little favour . and in the case of insolvents , the encroachments of solvent persons that shall by the conservators be permitted to continue , as consistent with the safety of the rivers , may easily be made to bear that charge . i remember a person employ'd by some of the late kings ministers to discourse sir robert jefferys , when lord mayor , about this matter , acquainted me that sir robert then moved it to the court of aldermen , that a committee thereof might be appointed to meet at his house with that person , and he there offering it to their coasideration , as the sense of those ministers , that commissioners should be appointed by his majesty to make moderate compositions with the owners of such encroachments as were not very prejudicial to the river , and were to be continued , and the charge of the demolishing the prejudicial ones might be defray'd out of such composition , and that he desired to know whether they had any thing to object against it . the lord mayor and the rest of the committee unanimously declared that they were very well pleas'd with the proposition , and did thankfully embrace it . and no doubt but if the like way of compositions were order'd for such encroachments as are to continue in the royal rivers in the countrey , the charge of the demolishing some there , and of the regulation of those rivers , might not only be thence defray'd , but a considerable summe of money might be thence brought in to support the charge of the government , and that without any gainsaying or reluctance from the people , provided that they might be deliver'd from the vexatious prosecutions of the many patents to private persons for such encroachments ; to whom they have been in a manner forced to give money to redeem their vexation , rather than out of hopes that they could buy a good title for the continuance of their nusances . and certainly the condition of the french subjects being so ill on the account of their being forced to buy salt ' any mens being harrass'd into the buying such ins●pid things ( or as i may rather say noxious ) as nusances , is a more compassionable case . this is humbly offer'd to the consideration of the lords commissioners of the admiralty , in order to their offering it to the considerations of their majesties , or of the house of commons , ( who are the grand inquest of the kingdom ) or of the house of lords , as they shall see occasion . and perhaps if by their application , a clause may be inserted in some new act of parliament , for the continuance of peoples enchroachments that shall be compounded for by commissioners in the respective counties named in the act , or by their majesties , they being by the legislative power secured in their titles to such encroachments , will no doubt be chearfully ready to pay near the full value thereof . the common observation , that prerogative in the hand of the prince is a scepter of gold , but in the hand of the subject a rod of iron , is apparently applicable to the case of the jubile such people will have , when freed from the vexations by colour of law given them by the proling litigious instruments employ'd under such patents , who are usually the faex populi , and may well bring to our minds the saying of solomon , a poor man that oppresseth the poor , is like a sweeping rain which leaveth no food . i have been inform'd from mr. l. j. a worthy bencher of the temple , that the poor people were so miserably harras'd by the agents employ'd in the lady s — ll's patent for derelict lands , about twenty years since , that the court of exchequer , burden'd with complaints about it , order'd , that no process of the court should be further issued out ●pon it . i do studiously avoid the naming of other patents or the patentees , or any of their instruments or agents , and do not desire to give our admirals any trouble with reflections on such , however yet in the course of my little reading in parliament-records , i find that many persons have been censured in parliament for taking out and procuring illegal and vexatious letters patents from the crown . the case of sir francis mitchel for his pro●uring a patent of forfeited recognizances before conviction , is fresh in memory . nor shall i here mention the names of those patentees particularly , who gave multitudes of the seamen so much trouble at law by their patents for encroachments , while they knew there were prior patents in being for the same encroachments , and that therefore no action was then maintainable by the latter patentees , and that they could have no design by bringing their innumerable actions against the seamen , but to get composition out of them . nor shall i mention the name of a waterbailiff , who was reflected on in council in the two last reigns , for having the encroachers on the thames for his tenants , and whom a late lord mayor reproved very worthily on that account . nor shall i name a later lord mayor , who instead of being a conservator of the river , appear'd as a patron of encroachers , by effecting it that a ring-leader of the encroachers should be fined only a noble for an encroachment , that in the survey of the navy-board and trinity-house is particularly branded with its dimensions as prejudicial to the thames , and his being suffer'd to continue that encroachment ; and the which favour his lordship was known to shew him at the request of a person who was by name reflected on in the city reasons before mention'd , as an encroacher of their conservacy . the words of the wise are heard in quietness ; and i therefore desire not to ruffle the cares of any of our magistrates , from whom the redress of these evils may be hoped , by the noise of the names of persons . i desire that they may please to look forward , not backward , and that at things rather than persons , & nequid detrimenti capiat publicorum fluminum conservatio . and here it falls in my way to observe , that supposing the conservators should not think it necessary in hast to abate any nusances , or to effect the raising of any revenue for the crown , or fond for this office on the encroachments , yet may the charge of the office before mention'd be competently supported out of admiralty perquisites , either as they are already vacant , or as they shall be ; and such perquisites as to common reason may seem most proper to be apply'd to a publick use , and as i before mention'd how the ballast was . the truth is , considering how little the standing fees of the judge and other officers of the high court of admiralty are proportion'd to the great pains by them taken , and trust in them reposed , and for how much a greater income than yet belongs to trinity-house , that is so useful a receptacle as to the charities to be bestow'd on decay'd seamen , and their widdows and orphans , and where they are to such with so much exact care apply'd , i have been much troubled when i have heard of admiralty perquisites bestow'd formerly on courtiers and voluptuaries , by whom the admiralty office and jurisdiction , and the moral offices incumbent on the same , have not been promoted one jot . but since the nature of things doth call so loud for the speedy settlement of this office , by which means only the trust in the admiral 's office can be discharged for the prevention of future encroachments on the royal rivers , and for that frustra differtur remedium quod est unicum , it may be worthy the care of those honourable persons who administer that office , to see some support provided for that office as soon as may be , and to apply to the crown or the legislative power , as they shall find occasion , for any thing to be done , necessary to the settlement and support thereof . both because the river of thames is the most principal of the royal rivers , and for that the countrey is naturally in all things influenced by the example of london , the effectual conservacy of its river may well seem to require the priority of their care. and here after the example of the government , that as was before mention'd provided a. . for the preservation of the river of tyne , that the persons who were appointed to view that river , should every week make oath of its state , and the abuses done to it , perhaps it may appear necessary , both to the commissioners of the admiralty and the lord mayor , to apply to the parliament that a new form of oaths may be enjoyn'd to all persons ministerially concern'd in the care of the river of thames , and the which kind of oaths may likewise be enjoyn'd to persons employ'd in the conservacy of the royal rivers in the countrey . this is here mention'd , because 't is conceiv'd , that a new oath cannot be imposed but by authority of parliament . i suppose the lord mayor's deputy water-bailiff was never upon his oath not to connive at encroachments on the river : but the very common fame about the water-bailiff's tenants , may make either a promissory oath to that effect necessary in the beginning of every mayor's year , or at the end of it an assertory one that he hath not done it . i know a gentleman , who charging a late water-bailiff with taking of money from encroachers , was answer'd , that he did no such thing , but would not deny but that some of his followers might do so . good god! what unsafe anchoring do all our great trusts in this world find , while we trust our bodies to apothecaries boyes , our estates to lawyers clarks or the apprentices of scriveners , our souls to poor curates , and our principal royal river to a water-baily's followers ! when i consider that mighty spirit of industry that appear'd in france with success , for joyning the two seas , a work that heretofore abash'd the roman empire , and was attempted and given over in foregoing reigns , and yet notwithstanding the remoteness of the two seas , the mountains , the boggy-lands , the scarcity of water in a countrey where there was hardly enough to supply the gardens , and many other difficulties , that it was in a few years brought to its perfection , while the crown there was in war against the most powerful states of europe united together , i shall wonder much if we have not a stock of brains and industry enough going to keep our river of thames . what great pains and charge the work of meliorating that river cost our ancestors , the chronicles tell us , and how useful for the preservations of it the pains taken in a late conjuncture , ( when the cities charter was in its low estate ) by the former commissioners of the admiralty , proved , is obvious ; and therefore the wisdom of our ancestors in complicating the office of the lord admiral with the lord mayors in its conservacy , was very profound ; for the admiral 's office being during pleasure , we are sure that whoever have that office , are the actual favourites of the government ; and by being so , they have with the better success signalized their diligence in the preserving that river . it must here in iustice be acknowledged , that the late king james , while the admiralty was in his hands , was not by all the cares and business incumbent on the crown , diverted from the conservacy of the river . and if all the particulars of the vast pains taken by mr. pepys therein , while he was secretary of the admiralty , were enumerated , they would fill a much larger volume than what i here send your lordship . his concerning himself so much and so often in the behalf of petitioning seamen who conceiv'd themselves injured by the agents of patentees requiring money of them for their ships lying on the shoar , and his frank interceding with the king as admiral for them , and effecting their being speedily righted , and that without any fee of office expected or paid , are things fresh in the memories of those who live by the thames-side below bridge . and the truth is , to a person so knowing in the office of the admiral , it must needs be known , that seamen being more than other subjects compell'd to serve the crown in times of peace and war , and at the crowns own rates both at home and abroad , are entituled to a more tender protection from the crown than other subjects are : and that the seamen being call'd to such service by the admiral 's warrant , will in the case of any general pressure happening to them wherein the king's name is used , expect that the admiral shall apply to the crown in their behalf , as knowing that no admiral ever refused or delay'd in such case to take the trouble of patronizing them . my lord , i have now almost done troubling you for the present ; and yet according to a jewish proverb , that molestus ubi se molestum agnoscit , no● est molestus , shall hope i have not done it at all . but i shall chiefly fortifie my hopes of my not having so done , by the consideration of its being no trouble to you , but an obligation for any one to furnish your great thoughts with any useful materials for the promoting the service of your prince and countrey , in such a critical season as this , that calls so loud for that old heathenish virtue of the pietas in patriam to awaken it self among english christians . we may well believe our chronicles , that tell us of a porter who slept fourteen dayes and nights together , when we have seen so great a part of a whole nation asleep four or five years , and much longer . the last reign save one was a time wherein men made pleasure their business , and when the nation suffer'd more by lethargy than the plague . but as nature doth now call upon us to make business our pleasure , and to build work-houses as well as play-houses , so it may be supposed that our world is as weary of sleeping as ever it was of waking , and that reasons for mens being publick spirited and nobly active in all the publick spheres in magistracy to which they are call'd , may be patiently heard , and that it may seem a reasonable request , since we see in things natural , some inanimate things to serve the nature of the universe do sometimes forgo and quit their particular nature ( and as for example , water to prevent a vacuum which nature abhorrs , doth ascend , ) that magistrates would go on in their own natural course to what lyes in the plain way of their duty , and what is incumbent on them by moral obligations . faxit : and that he may neither be a shame to , nor ashamed of his countrey , who hath the honour of being my lord , your lordships most humble and most devoted servant , t. h. errata in the foregoing letter to the earl of marlbourgh . page . for 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ! read 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . p. . for britannij r. britanni . ib. for robora r. robore . p. . l. . after the word corporation close the parenthesis . p. . for moral r. morals . p. . for raris r. ranis . p. . for mr. ioseph coting r. mr. ioseph colinge . p. . for hydrautica r. hydraulica . p. . l. penult . instead of a point of interrogation make a comma . p. . for the year . r. . p. . for patriotly r. particular . p. . for thorna r. thoma . p. . l. . for sub-conservators r. subconservator . p. . l. . for making r. speaking . p. . l. ult . for are r. is . p. . l. . dele perhaps . the new invention of mill'd-lead , for sheathing of ships against the worm , better for sailing , and cheaper above cent. per cent. than the old way with boards . as also for bread-rooms , scuppers , furnaces , &c. the objections , answers , proofs and proceedings , between the officers of the navy and the mill'd-lead company , before the late lords of the admiralty and council-board , submitted to consideration . also the said mill'd-lead from many years experience , as well as the reason of the thing it self , proved to be much better and cheaper , for covering of houses , gutters , pipes , furnaces for dyers , copperas-works , lining of cisterns , and other vessels for brewers , dairies , and all purposes whatsoever , where sheet-lead is used , than cast-lead can be , and the plumbers suggestions decrying the same , proved to be idle , scandalous and false . london , printed in the year . a table of the principal matters in the following discourse of the new invention of mill'd-lead . the substance of the navy-officers report to the lords of the admiralty , october . . giving their opinion against any further use of lead-sheathing , p. . the companies reply thereto , together with their whole interest and right in this affair , entirely submitted by them to his majesty and their lordships , p. . an accompt of the company 's first becoming masters of this invention , and their submitting it to the censure of his majesty in parliament , anno . p. . the parliaments strict inquisition into , and most ample approval of the said invention , in an act passed in favour of the same . p. . the first essay made thereof by the company upon the phoenix , in march , / . and successively on other of his majesties ships , p. . the studyed obstructions nevertheless raised and long continued against it , from persons interested in the opposing it , p. . the final removal of those obstructions by the express order of his majesty and the lords of the admiralty in the year . upon three years proof of the efficacy of the said invention , and the king 's personal observation of its success upon the phoenix , p. . the navy-officers contracting with this company for the use of this their invention , ( after five years tryal of it ) in march , / . in terms expresly declaring their sufficient experience thereof , both as to lead and nails , p. . the first breaking forth ( after this five years proof ) of a complaint from the streights of an extraordinary decay discovered in ships rudder-irons , from their being sheathed with lead , p. . the care of his majesty and the lords of the admiralty by their several orders to the navy-officers for the finding out the true grounds of that complaint , and improving ( in order thereto ) a suggestion and proposal of this company 's , touching their iron-work , p. . the particular instances of complaints , upon which the navy-officers do found this their iudgment against lead-sheathing , with the companies solutions thereto , and observation of a greater number of ships resting uncomplained of , than those they have instanced in , were their complaints true , p. . the companies remarks upon the philosophical reasoning of the said officers upon the lead it self , as a mettal , p. . the companies opinion and argument , that the sheathing ships with lead , neither is , nor can be the true cause of this decay of iron-work , p. . their iudgment and reasons , what alone this mischief ought rightly to be imputed to , p. . the only certain and effectual expedient of arriving at the knowledge of the truth in this matter . p. . instances of the discouragements and obstructions wherewith this company has ever hitherto been prevented by the officers of the navy , in their endeavours of serving his majesty herein , p. . their fresh offer nevertheless of the proposing of an effectual remedy to the evil complained of , after premising the three following reflections , viz. p. . . that sheathing with wood ( the only security before this of lead , for sheathing ships against the worm ) is , and has always been owned to be attended with circumstances greatly detrimental to his majesty , with respect both to his ships and to his service , p. . . that the only expedient besides this of lead , for obviating those evils in wood-sheathing , has hitherto been the exposing his majesty's ships to the worm unsheathed , p. . . that the only third method yet extant of serving his majesty herein , is this of lead sheathing ; against which none of the evils in the former two , nor any other are at this day so much as suggested by the officers of the navy themselves , after near twelve years experience of it , saving this relating to the iron-work , p. . the company 's final proposal of an obvious , easie and chargeless remedy to the said evil , to whichsoever of the supposed causes the same should be found imputable , p. . a particular of the navy-officers complaints , with reference to the company 's particular answers thereto in the reply , p. . the navy-officers report , and the companys reply , laid before the king and council by one of the lords of the admiralty , p. . the council-boards order upon hearing , referring it back to the commissioners of the admiralty , throughly to examine the matter , and report the fact upon each article , with their opinion , p. . the company 's memorial presented to the commissioners of the admiralty upon the council-boards reference , p. . the determination of the admiralty commission before any report , p. . the company 's new proposal to the navy-board , decemb . . to sheath the kings ships per yard square , and to keep them in constant repair at a rate certain , above cent. per cent. cheaper than the present charge , p. . letters and certificates from master-builders , carpenters , &c. in behalf of the lead-sheathing , p. . pursers certificates how the sheathing lead proved in the lyning their bread-rooms , p. . a brief of the controversie between the officers of the navy and the mill'd-lead company , p. . the excellency and cheapness of mill'd-lead for covering of houses , &c. p. . an advertisement lately printed and published , to all that have occasion to make use of sheet-lead , abundantly proving mill'd sheet-lead to be much cheaper , as well as better than cast sheet-lead , for any use whatsoever , p. . a paper presented by the plumbers , to prevent the company 's contract with the navy-board , wonderfully decrying the mill'd-lead , and commending their own , naming half a score houses that they say were amongst many others covered with mill'd-lead , which being defective , were strip'd , and their cast-lead laid in the room , p. . letters and certificates from the owners or inhabitants of those houses , proving the plumbers said paper to be scandalous and false , p. . also their idle suggestion therein about their solder answered , p. . a memorial given in to the navy-board by the mill'd-lead company , proving that by two tryals purposely made with the plumber in jan. and febr. / . the mill'd-lead scuppers were according to the order given , which the plumber could not obey , and above l. per cent. in both those tryals cheaper to the king than theirs , p. . a treatise of naval philosophy , written by the ingenious sir william petty , p. . a survey of the buildings and encroachments on the river of thames , on both sides , from london-bridge eastwards , to the lower end of lyme-house , taken by ●he principal officers and commissioners of his majesty's navy , with the assistance of the elder brethren of trinity-house , in pursuance of an order of the lords commissioners for executing the office of lord high admiral of england , dated the first of march , / . wherein is also particularly expressed which of the said buildings and encroachments are old , and which are new , and likewise which of them are judged most prejudicial to navigation and the river , together with references to each of them by numbers in the draught of the river lately made by captain collins . to the right honourable , the lords commissoners for executing the office of lord high admiral of england . the humble reply of sir philip howard , sir francis watson , k t s . and comp. interested in the manufacture and invention of milled-lead , to the late report to your lordships from the officers of the navy , touching the method of lead-sheathing , used upon his majesties ships : wherein they shew to your lordships , that from every ship of his majesties that has been so sheathed , they have had complaints of the extraordinary eating and corroding of their rudder-irons and bolts , beyond whatever was found upon any ship not so sheathed , and annexed a transcript of several complaints by them received from several commanders and others to that effect : and that therefore upon due sideration had thereof , and of the many experiences had of the great damages arising from this sort of sheathing ; they give it as their opinion , that it will not be for his majesties service , that the same be longer used upon his ships : but that the ships so sheathed , may have their sheathing stripped off , and new iron-work supplied where defective , as well to prevent any further damage from the longer continuance of the said sheahing upon them , as that they may be in a condition of service whenever on a sudden occasion , the same may be called for . to which report , and the matters of complaint wheron the same is grounded , importing a vehement suggestion of ruine likely to attend the ships and service of his majesty , in case this method of lead-sheathing should be continued : the said sir ph. howard and compa. do make this plain return , viz. that as their first interesting themselves in this undertaking , was wholly founded upon the hopes they had of being enabled to contribute somewhat thereby to the service of the royal navy , and those hopes confirmed by as ample instances of publick approbation as were ever given to any precedent invention ; so do they still give his majesties service the same entire preference to all considerations of private advantage that either has or can arise to them from the same undertaking ; and therefore are not only contented , but desirous , that in case your lordships shall ( after perusal of this paper ) hold the reasonableness of the said officers advice , for suppressing the further use of lead-sheathing , sufficiently demonstrated by what they have offered as the grounds thereof in that collection of complaints : no considerations relating to the interest or right of this company , may stand in the way of whatever his majesty and your lordships shall think most for his service to determine concerning it . a deduction of the whole matter relating to the lead-sheathing of his majesty's ships , with what this company do in their duty hold themselves bound on this occasion to offer of their own reflections and sentiments thereon . it was in the year . when this company becoming masters of this invention of milled-lead , they soon met with encouragement , not only from sundry officers and builders of the navy , but from his majesty himself , and his royal highness then lord high admiral of england , to an immediate exposing the same to practice . but such was their backwardness to presume upon falling into the exercise of an invention , ( though never so self-convinced of its efficacy and safety ) whose first experiments , and future use , were principally to be made upon a subject of so high consideration , as that of the royal navy of england , without passing the most strict and solemn probation a matter of that kind could , and ought to have in a government like this subsisting by navigation , namely , that of his majesty 's in parliament , that they in the same year brought this their invention into the parliament then sitting : where , after all the severities of scrutiny capable of being exercised in each of the houses successively , and publick conferences had with all persons qualified for giving advice therein , and those attended not only with the prejudice all new propositions ordinarily meet with , but from opposition of the persons interested in the preservation of the old ones , ( whereof more hereafter , ) it not only received full approbation by being passed then into an act , but had the same done in terms the most expressive of the conviction and satisfaction wherewith his majesty and parliament passed the said act with regard both to the invention and inventors ; as by part thereof following appears , viz. an act for granting unto sir philip howard , knight , and francis watson esquire , the sole use of a manufacture , art , or invention for the benefit of shipping . whereas it appears upon examination that sir philip howard , knight , and francis watson , esquire , by their great charge and industry have found out a new manufacture , art , or invention to preserve ships , and other uessels under water , with certain commodities chiefly of the growth of his majesties dominons , which is much cheaper , and more smooth , and dureable than any way by deals for sheathing , or pitch , tarr , rozin , brimstone , or any graving hitherto used : now for the encouragement of ingenuity and industry in the like cases ; and to the intent that the said sir philip howard , and francis watson , may be protected in the use of the said manufacture , art , or invention , and have encouragement to make the same publick , for the benefit of his majesties dominions in general , &c. this being done , and the said company not only invited , but by his majesty commanded to apply themselves forthwith to the putting in use this invention upon some of his own ships , they by his order , and on terms adjusted with the officers of the navy , proceeded to the making the first experiment thereof at portsmouth upon the phoenix , in the month of march , , and not long after did the like upon several others , of which these following were part , viz. dreadnought . henrietta . mary . lyon. bristol . foresight . vulture . rose . hunter . harwich . &c. but your lordships may be pleased here to be informed , that ( however upon the stamp given it by parliament ) this company were so let in by the officers of the navy to the exercise of their said invention ; yet was it not without fresh assaults from some who were interested in the benefit arising from the labour , and the materials employed in the bringing on , and stripping off the wood-sheathing , in whose place this was to succeed : and by their arts and industry , were sir philip howard , and company in a restless manner urged to give answers ( all over again ) to the objections formerly raised against them , and their invention in parliament , namely , its excess in charge above the ancient method , its rough lying on ships sides to the prejudice of their sailing . it s liableness to galling from the cables , and cracking when brought on ground . it s tediousness in bringing on and off . aptness to foul , and difficult in cleansing . lastly , its undurableness and doubtful efficacy in what was chiefly expected from it against the worm . but so convincing were the solutions brought ( as before ) to every particular , and the same so confirmed by a three years proof by this time made of the whole , and more especially by a personal view had by the king himself of the phoenix , then come in and careened at sheerness , in the year . after two voyages to the streights : that his majesty to put an end to the unreasonable importunities till then continued upon himself and them on this subject , was pleased by his then commissioners of the admiralty , to give a final declaration of his opinion and pleasure concerning it , in an order from those lords to the officers of the navy , bearing date the th . of december . as followeth , viz. after our hearty commendations , in pursuance of his majesties pleasure signified to us by himself at this board ; that in regard of the many and good proofs which had been given of the usefulness of sir philip howard , and major watson's invention of sheathing his majesties ships with lead , in preference to the doing of it with the materials , and in the manner anciently used , ( with respect had no less to the charge thereof , than the effectual securing the hulls of his majesties ships against the worm ) his majesties ships may for the time to come be sheathed in no other manner than that of lead , without especial order given for the same from this board : these are to authorize you to cause this his majesties pleasure herein to be duly complyed with . and so we remain , your loving friends , anglesey . ormond . g. carteret . notwithstanding which , such was the reluctancy ( or caution ) wherewith the officers of the navy did yet think fit to proceed in the adventuring to give any encouragement to this invention , that not adjudging a three years proof available in this case , they thought expedient to take two years more , and the benefit of what observations they could either make or collect from the several lead-sheathed ships employed on southern service within that time , the better to enable themselves without mistake to determine concerning the execution of his majesties said order ; which indeed ( after the five years end ) they did comply with , by entering into a solemn contract with sir philip howard , and company , for the future sheathing his majesties ships with lead , and this with such alacrity and fulness of seeming conviction concerning it's advantageousness to the king , that ( besides their voluntary exchanging many and good proofs , &c. the terms of his majesties said order , into sufficient proof and experience of the goodness and usefulness of the invention of milled-lead , and nails for the sheathing and preserving ships against the worm ) they would not permit the said company to reserve to themselves any part , but would secure to the king in the said contract a title to the whole term then remaining of the time for which they were by the act of parliament invested in the sole benefit of their invention , and whereof there was then twenty years yet to come . and thus stood this matter at the close of the year . when it might reasonably have been thought , that it had come to such , and so deliberate a settlement , as no new scruples could have been raised about it , on the part of the navy officers , or any occasion of fresh disquiet created to this company . but so it was ordered , or at lest fell out , that no sooner were all things thus seemingly satisfied , and established at home , but a new cry , and of a quite new kind , breaks out from abroad , of a quality discovered in our lead-sheathing , tending ( if not timely prevented ) to the utter destruction of his majesties ships , namely , that of the eating into , and wasting their rudder-irons and bolts under water , to such a degree , and in so short a space of time , as had never been observed upon any unsheathed or wood-sheathed ships . nor lay this long unseconded by concurrent advices from portsmouth , in reference to some of them that were sheathed with lead , and then in that harbour , and the accompts thereof circumstanced with such particularities as seemed to obtain credit not only with the navy officers , but his majesty , and the lords of the admiralty , and even this company too , at least so far , as to excite in all a desire of enquiry into the true grounds of it . in order to which ( leaving it to the navy officers to give your lordships an accompt of theirs , as we shall ( by and by ) of our own endeavours therein ) it pleased his malesty , and my lords of the admiralty , not only by several orders to recommend to the said officers the general matter of this enquiry , but ( upon a suggestion made to them by this company , of their apprehending this evil to arise from some defectiveness in the iron-work it self , with a tender of their service , towards finding out the full truth thereof ) to direct the officers of the navy by no less than four several orders within the months of april and may , . to receive from the said company what rudder-irons should be so provided by them , and employ no other upon any ships to be thenceforward sheathed with lead , than what were so provided , since which ( being full four years and an half ) this company has nevertheless been so far from having any opportunities given them by the said officers of doing his majesty the service by these orders expected , that the first and only sight or knowledge we had of what progress they in all that time made towards the decision of this matter , is what your lordships were pleased so lately to surprize us with in this their report ; wherein the whole supposed consumption of the iron-work of his majesties ships , and all the ruinous consequences apprehended therefrom to the navy , are expresly laid on lead-sheathing , and that only ; and grounded this their sentence upon no other inducements ( for ought appears ) than the particulars of complaint accompanying the said report : the truth , consistences , and conclusiveness of which complaints for proving the chargeableness of this evil on lead-sheathing , your lordships will ( we doubt not ) see through , upon a bare review of the said complaints , joyned with this their reasoning therefrom , as follows . . from sir iohn norbrough's saying , that in iuly , the plymouth's rudder-irons began to be much eaten , doubting his being forced thereby to send her home that winter , from the incapacity he was in , of getting her recruited abroad , and sir r. b's adding in september . that had she not been supplyed with new rudder-irons before her coming out of the streights , she had been in the same ill condition with another ship he had then newly spoken of ; whereas we are under no doubts of sir i. narbrough's owning to your lordships what he has lately done to some of us , that she had no supply of fresh rudder-irons abroad , but came home with her old ones , and those ( it seems ) in so good case , that sir r. b. could not distinguish them from irons of a new supply . . from sir r. b's descripition of the ill condition of the harwich's iron-works discovered at her cleaning in . in their being eaten away to nothing , so as to make it matter of wonder that she sunk not in the sea ; whereas ( besides her said iron-works having been fastened in her five years and an half , without any complaint heard of concerning them all her voyage , or at her coming home in iuly , . sir r. b. must be thought subject to some mistake ; or both he , and the surveyor of the navy made accountable for a breach ( much less easily answered for ) both of the general laws of the said navy , and their particular instruction therein , by suffering a ship of her value , and coming home in so sinking a condition , to lye afterwards above three years in harbour unsearched . . from sir iohn kempthornes complaint in iune . of the dreadnought's rudder-irons being within a year and an half ( and that in harbour ) so eaten , as not to be fit for her being adventured to sea again with them , for more than a small tripp ; and that followed by a later , from sir r. b. in october . wherein ( after her having been abroad ) he makes the condition of her iron-works so miserable , as to be under the same wonder he was before , that she also had not sunk at sea ; whereas it appears even from their own calculations , that her first set of rudder-irons lasted her four years and an half , ( which were it a common standand for their duration , and then to be renewed , would yet leave lead-sheathing greatly cheaper than that of wood , ) and her second ( for ought that appears of any supplies ) six years and three quarters . . from a certificate of the officers in portsmouth-yard , in october . declaring the condition of the lyon's iron-works under water , to be such as they never saw in any ship they ever had to do with , not sheathed with lead , though droven twice as long : whereas that certificate it self does not only expresly confess her bolts having been all in her five years ; but will here furnish your lordships with one instance ( besides the many you may hereafter meet with ) of what this company is owing for , to the sincerity as well as thoughtfulness of its accusers , if your lordships shall please to have their last assertion examined by the books of the navy officers , with whom it carries so much weight , this company being well assured , that instead of no ship , not sheathed with lead , being ever found perished in their iron-work under water in twice five years , variety of instances will be met with , within much a shorter time . . from sir iohn narbrough's saying in february . that he had found the condition of the henrietta's iron-works no other than that of the forementioned harwich : whereas your lordships may be pleased ( here ) to take notice , that the lords your predecessors in the admiralty did by their order of the th of april . ( upon some complaints touching the iron-works of this ship , ) recommend to the officers of the navy , the making a strict enquiry into the general and natural reasons of this great evil , directing them twice in the same order to the particular case of this ship : for execution whereof the said officers contented themselves , with answering the lords not with any effects of their own inquisitions , but with a bare transcript only of sir r. b's conceptions thereon from chatham ; when ( had they so thought good ) they could as well have given their lorships something of their own , by communicating to them the result of an occular survey by them had in their publick office ( this company being present ) of the rudder-irons themselves , sent from chatham for that purpose ; where ( upon the outward coat of the said irons being eaten off with rust ) the inside of their pintells , ( as never having had their due welding ) discovered themselves in three several arms or branches , like the stalks of so many tobacco-pipes , not only to the removing the wonder of this ships condition , but confirming the suggestion this company had before made to his majesty and the lords touching the smiths neglects , and contributing not a little towards the making a right judgment in the matters in question , of which more in its due place . . from sir r. b's observing in september . the eating off of two of the lower pintells and gudgeons wholly , and a third in part of the rose , which will not ( as this company conceives ) be thought very extraordinary when it shall be understood that this is the first and only complaint heard of her , not only after two voyages to sea , and one of them three years long , and her having lain now three years more in salt water in harbour ; but after her having worn those irons eight years , and the complaint it self ( when all is done ) amounting only to three pintells and gudgeons , without any thing objected to the rest of her iron-works . . from sir iohn narbrough's information in iuly . touching some defectiveness then discovered in the iames and charles gallies , which he fears would force him to send them home that winter , as not being repairable in the streights : whereas the iames being sheathed , and sent forth in october . continued there three years , when making a tripp for england , she within two months after returned thither , and has there remained to this day ( being in all six years ) without ought said by the officers of the navy , of her having any recruits of her rudder-irons in all that time either at home or abroad . and for the charles , which accompanyed the iames to sea in october , ( instead of being driven home , as sir iohn narbrough apprehended in . ) she continued there till about august . ( being four years ) and has now remained at home above two years more , ( in all six years ) without any such repairs alledged to have been given her either in the streights or here . . lastly , from these particulars of eight ships , thus circumstanced , the officers of the navy have held it reasonable to assert to your lordships their having received complaints of the extraordinary corrosion of the iron-works of every of his majesties ships sheathed with lead : whereas these make but eight of twenty so sheathed , without any thing either offered now , or heretofore appearing to this company in exception to the other twelve , viz. mary , defiance , woolwich , bristol , hampshire , foresight , phoenix , assistance , kingsfisher , hunter , vulture , norwich . but on the contrary many instances might be drawn from them , in advantage to the credit of lead-sheathing , of much more force ( were that the business of this paper ) than any thing of what has been before offered to its diminution : but this company humbly referrs your lordships for that to the navy officers , contenting themselves with an appeal only to the phoenix , and norwich , the first and last of all the twenty : the former of which coming home after two voyages , and three years spent therein , happened ( as has been already mentioned ) to carreene at sheerness , where his majesty receiving full satisfaction in her having answered all that was aimed at in this sheathing , she from thence proceeded to guiny , and after return in . was sent to iamaica , ( voyages all calculated for the proving her against the worm , ) and coming back , was in . stripp'd of her sheathing , and then sent abroad unsheathed , without having one bolt under water shifted from her being so sheathed to that day , being seven years . and for the norwich , we are well informed , that not one word of advice , much less of complaint has ever been received either from her commanders , or any other hand , of the least defect discovered in any of her iron-work under water during the whole four years time of her service in the west-indies , from her first sheathing to the day of her miscarriage . nor does this company ( after having thus opened the matters of fact reported in these complaints ) conceive it will appear to your lordships less allowable for them in this place , to make one remark upon what the officers of the navy have offered in the same paper of suggestions philosophical , in support of their present sentence against lead-sheathing , which is , that they were suggestions , which seem rather calculated for the giving countenance to an opinion already espoused , than for the raising an opinion upon that , is yet in seeking ; one being that of sir iohn kempthornes , who with some of his officers lighting upon a piece of milled-lead , ( which seemed to them to have taken some wet ) they conceived it presently to look of a cancarous and corroding substance , and venomous to iron , ( qualities not usuaily judged of by the eye ) promising the sending up a sample of it to the officers of the navy for their inspection ; which if they did , the said officers would not have needed any other evidence against lead-sheathing , than their experiments upon this one piece , had sir iohn kempthornes conceptions of it , met with any confirmation therefrom ; wherein your lordships will easily receive full satisfaction from the said officers . another , that of sir r. b's , who in his declaration upon this matter chargeth this eating of the lead-to the mixture it is prepared with for the making it run thin , by which it is rendred of a more blew colour than lead ordinarily is , and with salt-water creates a kind of coperas that consumes the iron-works under water ; whereas whoever is conversant in the method of this company in the manufacturing part of their invention , know that the only mystery thereof lies in the application of lead to rollers , by which it is reduced without any inequalities to what degree of thickness or thinness is demanded , without the least other preparation or mixture exercised upon the metal it self , but is pressed , and brought upon the ships sides as simple , and unaltered as ever it flowed from the pig. the last , that of sir iohn narbrough 's opinion of its being the copper covering the rudder-irons , and the copper nailes the sheathing is fastened with , that destroys the iron-work : whereto we hold it unnecessary here to return any thing in opposition more , than what the said officers at the same time present you with of a quite contrary principle , though in maintenance of the same position , from sir r. b. who expresly declares his having found by experience , that it is not the irons covered with copper , and nailed even with iron nails , that suffer from the rust ; but only those which the lead together with the salt water drains and falls upon . and this , my lords , having been said in reference to all that the navy officers have in their report thought fit to give for the grounds of this their so positive determination against lead-sheathing : and wherein this company have only this to ask , that they may not from ought they have already , or may yet further say upon this occasion , be misunderstood by your lordships , as if they were under any disbelief themselves , or aimed at the getting any in others , touching the truth of fact now discoursed upon , there being none more sensible than themselves , both of the reality of this wast of iron-work by rust , and the ill importance of it , in its consequences ; they now proceed to the giving your lordships the best assistance they can towards the discovery of what is the true sourse of this evil , and that in the plainness of this following method , viz. . by submitting to your lordships their opinion , and its reasons , that the sheathing of ships with lead , neither is , nor can ( as such ) be the true cause of this decay of iron-work . . by doing the like in reference to the evils ( for they are more than one ) whereto this matter under enquiry ought rightfully to be imputed . . by conducting your lordships to that , which they take to be the only , certain , speedy , and effectual expedient of arriving at the truth in this matter . for the first , against the charging this mischief upon sheathing with lead , be pleased to receive the measures of this companies judging therein , in the following considerations . ( . ) that without taking upon us to discourse as philosophers of the different structures , consistences , sweetnesses and acidities of bodies , and other difficulties wherewith they have been frequently entertained , in their enquiries on this subject , they have made it their endeavours to gather the best information they can , by resorting to that purpose , to persons of most allowed name in natural phylosophy and chymistry , without being able hitherto to meet with one that will admit any thing to lye within the whole natur●● of lead , that either singly , or from any alteration that can be begotten by its meeting with salt-water , can contribute ought to the decay of iron by corrosion , as being a mettal so void of any disposition that way , as to subdue that very quality of corroding in other bodies the most acid and sour , of which , as we have had the honour more than once of hearing his majesty himself discourse in confirmation , so do we readily and humbly referr your lordships not only to the same royal advice , but to the honourable and learned gentleman , and most eminently so , for his researches into those abstruser parts of natural knowledge , mr. boyle , or whoever you shall please to consult with herein , taking with you the like confideration about the nails , to which some ( as has been already shewn ) seem more inclinable to impute this evil , than to the lead , our daily experience shewing them at seven years end , as free from rust , as at their first driving , and being so rust-proof in themselves , will not any more be admitted with those we have discoursed with , as capable of infecting with rust any other adjacent , or even continguous metal . ( . ) that from beyond the memory of man , and therefore before the being of this invention , ( at least within these dominions ) universal practice both in his majesties yards , and merchants buildings , has and does at this day make lead the common security of iron-work against rust , not only by covering therewith ( upon all ships unsheathed , and designed on long voyages ) the iron-work about the rudder , but by capping the heads of their bolts under water with pieces of lead sized to , and nailed over the said bolts . nor is this all , for at this day whatever merchant-man , or man of war is appointed for a voyage where the worm eats , the back of her stern-post , and beard of her rudder , are sheathed with copper or lead , and this even where the ships also are sheathed with wood , the east-india company it self , ( upon whom we may best depend for cautions , wherever preservation of ships is in question ) not omitting in that very case , to sheath their rudders with lead or copper . which practice could certainly never have prevailed with our fathers , and been followed with so continued a consent to this day by us , if the vicinity of either of these metals assisted ( as is by some imagined ) by salt-water , had been ever found of so pernicious and certain effect upon the very matter they are imployed to secure . ( . ) nor does what is thus approved of in the general , and universal practice of england , want its confirmation , by the like of several forreign nations , to wit , the dutch , portuguese and spaniard ; the first of which are equally observant with us , in the sheathing their rudder irons , and the back of their posts with lead or copper upon all ships bound in the way of the worm ; and for the two latter , not only the rudders but the whole bodies of their ships under water , even of their gallions themselves , have of long time been , and are well known at this day to be entirely sheathed with lead ; which concurrence of these two latter nations , seems in this cause so much more considerable than that of any other , by how much not only their voyages are the longest , their hazards therein from the worm the greatest , and cargoes the most valuable of all that navigation knows , but for that the hulls of their ships abound the most with iron-work , as having all that in the fastening of our plank we perform with wooden trunnels , done by them with large spikes of iron . ( . ) lastly , were this spoil of iron-work chargeable with nothing but what is contained in the lead and nails , these pretended effects of theirs would be constant and uniform in all ships alike sheathed ; whereas nothing is more frequent than the instances of their inequality , as will enough appear from a bare observation of what lies before your lordships in this very report of the navy-officers : forasmuch as this company dare put the whole credit of their cause upon that one issue , viz. of your lordships ever finding an equal consumption of iron-work under water , whether upon the same , or different ships at any one time , or equal distances of time ; the account now before you of the twenty ships that have passed this method of sheathing , affording a most ample proof of this inequality , by having eight of them loaden with complaints , ( and every one of them different from the rest , and at different times from it self ) while we are yet to be told , whether the other twelve were not , ( as we are sure some of them were ) free from all ground of complaint . to our second undertaking , we conceive the real causes of this evil , ( that is to say , so much thereof as is extraordinary ) to be these three . . the perfunctory performance of the smiths part in this affair , by some deficiency either in the choice , mixture or temper of his metal , or failure to give it its due welding or working : forasmuch as by this alone can be reconciled the forementioned disparities in the duration of iron-work ; whence otherwise can it be , that all other circumstances ( whereto that disparity can be referred ) being the same , but the matter , one particular piece of iron shall remain undiminished three times as long as that next to it ; and this not only in sheathed ships ( as in the case of those before you ) but unsheathed too ; as ( to give but one instance , in a cause where every ship is another ) appears in the swiftures first voyage to the streights with sir rich. rooth , where two of her rudder-irons were eaten entirely in pieces , and shifted at her return in portsmouth-dock ; while at the same time the rest ( though all put on together several years before ) were found as firm and unwasted as at their first fastening . the consideration and thorough conviction of which led this company in the year . ( when these complaints were most active , and the lords of the admiralty's inquisitions into the reasons of it , the more pressing ) not only to communicate to them , and the navy-officers their opinions therein , but at their own hazards and the ordinary price , to become undertakers themselves for what further rudder-irons should be from thence called for ( whether at home or abroad ) by any lead-sheathed ships : which proposition was not only approved of , but the officers of the navy ( as has been already said ) by orders upon orders from their lordships directed , to see the same instantly put and continued in practice . but whence it was that those orders me● with no better complyance , or how it came to pass , that so certain , speedy and chargeless an expedient of coming by the truth in a matter of this importance ( and after a provocation too , so publick and seasonable , as that of the henrietta's rudder-irons above mentioned ) could be so disregarded as never once to be set on tryal , your lordships will be best informed from them themselves , by whom variety indeed of ships were sent to sea , subsequent to the said orders , but without any call or notice given thereof to this company , that his majesty might have the proof and benefit of the service so much expected from them , and required from the said officers both by the king and lords on this occasion . . the manifest and knowing omission of the persons charged in seeing the said sheathing brought on , to do in this case what the practice of all times , and at this very day , both in the kings and merchants service , has made a s●anding and necessary piece of care to be exercised in the fitting forth of all ships ( sheathed and unsheathed ) bound on forraign voyages , namely , the parcelling , or laying with tarr and hair all the iron-work under water , before the sheathing , ( in case of the former ) or the forementioned capps ( in case of the latter ) be brought over them . in which as we are ready to appeal to the surveyor of the navy , or whoever else is conversant in the rules and methods of ship-building , for the truth of what is here asserted , and what is owned in some of the navy officers own evidences , and particularly in a letter of sir r. b's ; so do we willingly referr our selves to the same surveyor for the truth of this suggestion of ours , touching the under officers omitting the performance of this their known duty of laying the iron-work under water , at their bringing on the sheathing of the said ships . and if so , and that this companies pretensions in this method of sheathing never extended further , than to answering the efficacy , cheapness , and other circumstances of advantage appertaining to the prevention of the worm , ( as the act of parliament , and their contract with the king abundantly prove ) what more reason is there for their being held accountable for the consequences of this omission in the kings officers , than for that of starting of a but-head in a ships side , that never had its due fastening ? it being no part of their undertaking to answer for the tightness of their sheathing when laid on , and droven with nails , further than for its unpassableness , not to the water , but to the worm : and that being allowed , what can be more demonstrable , than that the neglect of ordinary cautions , must be attended with the ordinary evils , those cautions were provided against . of which , that this of giving the iron-work of these lead-sheathed ships , their ordinary defence against the salt-water by parcelling , or laying them with tarr and hair under their sheathing , is one , we shall not need to confirm to your lordships by more than the single instance of the phoenix , which having had her sheathing performed by sir ant. dean at portsmouth , with this common right done to her , appears not to have had one bolt shifted within the whole seven years of carrying the same : nor are your lordships without an eminent proof of your own , touching the constancy and universality of this practice of laying the iron-work of all sheathed ships with tarr , and hair , or parcelling , and the acknowledged importance of it , for the securing the said iron-works from the salt-water , ( which alone can perform upon that metal , all that is here laid upon the lead ) in the happy retnrn , sheathed but very few dayes since with wood at woolwich , where your builder will be found in the ordinary course of his trade to have laid with tarr and hair all her bolt-heads under water , and fastened caps of lead over them , notwithstanding this sheathing with wood was to be brought on over all . . the unaccountable continuance of these ships for nine , ten , and eleven years together in their sheathing , without their being in all that time unstripp'd , for the necessary searching of their bottoms , and timely supplying the decayes , ( whether in iron-work , or otherwise , ) which are of course to be expected within their proper distances of time ; which as it contradicts all ancient practice both of the royal navy , and that of merchants , especially in the case of ships of value , and under careful owners , so seems it in this of ours , to be designed only to render that very vertue for which ( amongst others ) lead-sheathing exceeds all that ever went before it , namely , its durableness , a vice of much worse consequence to the health of a ship , than all it pretends to do , and does against the worm , can make amends for . your lordships might otherwise be pleased to inform your selves from the officers of the navy , whence it comes to pass , that after such complaints received from abroad , as they have handed to your lordships , touching the dreadful decays of those ships iron-work under water , they should suffer them , when come home , to continue for two , three , and four years together in harbour , without any thing more done in all that time , towards their relief against the growing mischiefs they are yet daily exposed to , than a declaration of wonder at the three or four years end that they had not before sunk in the sea. very dissonant is this method of proceeding ( my lords ) from the primitive and present institution of the navy , that provides so carefully both in its joynt and separate instructions to the officers thereof , and more particularly to the surveyor , not only for the general good government and preservation of his majesties ships , but a more strict and annual state to be had of all their respective hulls , masts , and yards , in order to your lordships taking such course for their ransackings , groundings , dockings , and repairings , as by you shall be thought most for his majesty's benefit . nor are those instructions a little inforced upon the said officers by that standing article in the ordinary estimate of the navy , wherein they annually make demands of a particular summ of money towards their execution thereof , nor were ever denyed the allowance of it by his majesty , as duties owned on each side necessary to be performed . which , how far it has been done in reference to those unhappy ships , which of all others have the least reason to suffer under this neglect ; for that by the terms upon which their sheathing is performed by this company for the benefit of the king , they are well able to bear the charge of their having it done twice within the time , some of them ( to the hazard of their ruine ) are suffered to remain under its being done but once . we humbly submit to your lordships , and ( with our full concurrence to that part of their report , wherein they have at length bethought themselves of advising your lordships to order the doing of that now , which the practice of the navy , and the acknowledged condition of those ships would have expected their having done long since ) proceed to the third and last branch of our undertaking , and to that humbly say , viz. . that in order to our leading your lordships the more satisfactorily to what we take to be the only true and competent method of rightly determining of the different validities of what has been severally offered and asserted by the officers of the navy , and this company , in maintenance of their different conceptions touching the evil now enquired into : your lordships may in the first place be pleased to take notice , ( and therein to have the opinion of the said officers ) that no ship however sheathed or unsheathed , did ever make a voyage to sea , where her iron-works came not home in a greater or less degree seized on , and impaired by rust. next , that this company does voluntarily take upon it self ( beyond what by any thing in their contract they are obliged to ) an accountableness for this their method's being as secure on behalf of the king , in reference to this very point of the iron-work , as wood-sheathing , or any other hitherto known , can be shewn to have been . which being premised : and forasmuch as nothing is more true in fact , or more legible in the records of the navy , than the constant charge the crown has been always at for the shifting and supplying the defects of iron-works , besides what is to be read in the heaps of decayed bolts , rudder-irons , &c. rarely missing in his majesty's yards , but after a sale : and whereas it is no less manifest , that among the other instances already spoken of , of the unequal decay of iron-works , this is one , viz. that is has not been seldom noted to exceed in the same ship while unsheathed , what it has at another time been , even while in a lead-sheathing ; witness the forenamed phoenix , which being furnished with a new sett of rudder-irons , at the stripping of that sheathing in ian. . and soon after sent so stripp'd to the streights , was forced in the very same year , about christmas , to shift every one of them , but one brace , and much of her bolts , and other iron-works , while ( as has been already noted ) she appears not to have shifted so much as one bolt , or received any considerable recruit of other iron-work within the whole seven years of her being sheathed with lead , with which concurrs the case of the foresight , whose new sett of rudder-irons , put on in ian. . when unsheathed , were shifted in little more than a year and an half , viz. in aug. . when being sheathed with lead , she continued without any supply of rudder-irons till : nor do we think it would conduce a little to the satisfaction of your lordships , upon this very head to require a just account of what has been lately observed in the ransacking even of a sheathed ( that is to say a wood-sheathed ) ship of his majesty's , where under the protection of such sheathing , ships iron-work has been reckoned the best secured against corrosion ; yet even in this case will your lordships find upon the forenamed happy return , the greatest part of her iron-work eaten to pieces , and particularly her bolts from stem to stern . this company therefore being in no kind desirous that his majesty should be under any obligation , of serving himself with their invention , longer than it shall appear as safe to his service and ships in this particular of iron-work , as it has proved it self superiour to that of wood in every other circumstance , and they being to that purpose most willing to have the same determined by the difference that shall be found between the charge his majesty has been at for iron-work for any number of years backward upon unsheathed , or wood-sheathed ships , and those sheathed with lead , where the work thereof in their sheathing and fitting forth has in other respects been performed , but with the same ordinary care , and observation of the common practice of the navy . they come now to offer to your lordships that which ( and which only ) can give you a full , easie , and uncontrollable account of the truth in this matter , namely , your order to the officers of the navy , for their directing a thorough and impartial inspection to be made into the books of the several yards , with a particular account drawn thereout , of what new rudder-irons , bolts , &c. have been for ten or twelve years last past furnished to any of his majesty's ships , mentioning the names of the said ships , and distinct times of such their supplies , distinguishing also between such thereof as were wholly , and that were but in part supplied with new rudder-irons , and mentioning ( in the latter case ) how many , and which of the said irons they were ; with a report of the result thereof to be made to your lordships as soon as it shall be prepared , and mutually accorded to ( for its truth ) between the said officers , and this company , who have nothing more now to add on this subject , than the observing to your lordships , that had it pleased the officers of the navy to have contributed their furtherance to the searching out the truth in this cause , with a zeal equal to what this company have , to the best of their understandings ever endeavoured to express towards it , this work ( no more than that relating to the smith's ) had been at this day to do , they having made the same overture to the lords and them , touching this very expedient of examining their books , at the same time with the other in . and prevailed at length with the said officers to issue orders to the several yards suitable to this proposal ; but with what success , we humbly crave your lordships to receive your satisfaction from themselves , whose producing the returns thereof from the yards , ( if made ) would at one view have helped your lordships to what must be owned by the officers of the navy , for the only , secure , clear and effectual means of determining this controversie , without either creating to your lordships , or continuing upon themselves and us , the trouble attending this tedious method of dispute . but , my lords , that while we speak of tedious , we may render what we are now doing , as little so to your lordships , as the matter put into our hands , and our desires after his majesty's and your lordships satisfaction will permit ; we shall now betake our selves to the last article of our purpose in this paper , namely , the opening so to your lordships a no less certain view of a cure , than we hope to have now done of the true means of right discovering the disease : for , my lords , however astonishing the gentlemen of the navy seem to make it , that ships abandoned to all the above mentioned neglects , and even arts of ruine , should in length of time arrive at such a state of weakness , as to be suspected in their being able to support themselves above water ; we cannot but hold it a subject much more fit for wonder , that they who under the lord high admiral , are by the crown made the first and principal curators of the health and safety of its ships , should not only content themselves for several years together , in joyning with the cry against an evil , they describe in terms so frightful , without making in all that time any one offer , or seeming step towards its remedy , but publish to all the world a neglect , contempt , and endeavour of discouraging , and even direct withstanding whatever was proposed to that purpose by any others , as may appear , ( . ) from their open patronizing every of the objections and difficulties that this invention has from the beginning had to contend with , though so groundless , that not one of them is now thought fit to be remembred in this their report to your lordships inquisition , after the complaints made against it . ( . ) from the manifest industry wherewith ( when time was ) they laboured to expose it , by an application of it upon the eagle , and serving themselves at her return , with the success of their so doing , towards verifying their former declaiming against its sufficiencies , viz. the condition it now came home in upon this ship all cracked , and rent from stem to stern ; whereas the ingenuity of their dealing with us in this particular , had the misfortune of being first discovered by the king himself , upon a personal view he was pleased to take thereof , and his therein observing the said ships being by age become so decrepit , as to be brought home by her company with her whole body woulded about with hawsers for preventing her very sides falling out , and bottom dropping into the sea. ( . ) from their violation of every of the orders heretofore mentioned of his majesty , and lords of the admiralty relating to this affair , one forbidding ( above nine years since ) the use of any other method of sheathing , than this of lead , without special order ; whereas the contrary has been practised by them in many instances . another , for their sheathing two ships , one with lead , the other with wood , in express order to a proof to be made ( upon some difference in opinion between themselves and one of their own number ) touching the good quality of their rudder-irons : a third for doing the like to the norwich , with directions to imploy such rudder-irons thereon , as should be provided by this company : and a fourth ( inculcated within few dayes by a fifth ) forbidding the whole use of any other rudder-irons upon lead-sheathed ships , than of this company 's furnishing : but with so little regard ever paid to the same , that rather than any order , or even the most essential rules of the navy should stand in the way of their prejudice to this invention , they have taken upon themselves the sending into the mouth of the worm no small number both of men of war , and others of his majesty's ships naked in their hulls , without any security against the worst effects thereof ; which , what they have been , your lordships will more properly be informed in , upon their return home and ransacking from the officers of the navy , than from this company ; some of whose experience nevertheless , and what present advice they have received from abroad , will justifie their saying thus much before hand , that those effects will be found of many times more charge to the king than all that the complaint now before your lordships concerning rudder-irons can be made to amount to . but , ( my lords , ) as these proceedings have not heretofore , neither shall they now discourage this company from a free discharge of their duty , by opening whatever conceptions of theirs they think reasonably grounded towards the remedying as well as right understanding the original of the evil laboured under , and a remedy both obvious , easie , effectual , and next to being of no charge , we take our selves to be masters of , and shall lead your lordships to the concurring with us in it , by the few steps , or reflections following , viz. first , that the only competent and allowed defence of ships against the worm , before this of lead-sheathing , was the paying the hulls from the waters edge downwards with stuff , and laying the inside of a sheathing-board ( from inch and quarter to three quarters thick ) all over with tarr and hair , to be brought over the forementioned stuff , and being well nailed , graving or paying the outside of the said board all over with another composition of brimstone , oyl , and other ingredients , which is called wood-sheathing . concerning which , however united the opinion of us . english men may be thought to have been touching the same , it seems to this company grounded not so much upon the real perfection thereof , as the profit that attends it to the builders interested in the working of it , and consequently , leaving them under no temptation , either to look out for a better themselves , or give encouragement to any discoveries made towards it by others . and that indeed the so universal reception given to wood-sheathing , is rather due to this , than its own real sufficiency , your lordships will be judges of , from the following notes . . that if not the most , at least the most essential of all the ingredients employed in that method of sheathing , are of forreign growth ; which we make use of not so much for the sake of the nationality of its argument , ( though yet that is such as the parliaments of england have ever laid great weight upon in all their deliberations upon trade , and particularly in the act relating to this very invention , ) but from a consideration which the books of the navy sufficiently confirm the force of , viz. that being forraign , such has sometimes been the scarcity thereof here , ( even when their use has been most wanted , ) that they have been either not to be had at all , or at prizes much exceeding the ordinary market . . that the said wood-sheathing hath been always observed and confessed to be very apt to gather filth , and of no less uneasieness when fouled to be thoroughly cleansed again . . that from its roughness and the multitude of nail-heads standing out from the ships sides or otherwise , ships sheathed with wood have ever been complained of , as lessened thereby in that only quality upon which our friggats most value themselves , and have their service in preference to others calculated from , namely , that of their sailing ; for proof of which , your lordships have not only the evidence lately mentioned of the navy officers , choosing to send naked ships to the streights , when with as little violence to practice and order , they might have sent them so sheathed ; but that general application , which was heretofore made to his royal highness , then lord high admiral of england , by the flag-officers and commanders of the fleet , designed under sir thomas allen ( as we remember ) against the turks , advising , that as his majesty would expect any success of the said fleet against that people , he would let his ships go with all their virtue of sailing about them undiminished by sheathing , as being ( from former experience of the turks out-doing us that way ) taught , that without this , nothing was to be hoped for of advantage to be gained upon them ; which advice of theirs was urged so pressingly , and justified so fully , that both his royal highness , and the then officers of the navy concurred with those of the fleet , ( in the council thereupon given his majesty , and afterwards pursued ) rather of exposing the hulls of his ships to the worst effects of the worm , than hazard the loss both of their whole service , and his own honour by sheathing , and thereby disabling them in this their best quality of sailing . secondly , which being so , and that therefore ( besides these plain and important imperfections in wood-sheathing ) the only remedy hitherto thought on , has been to deliver up his majesty's ships to the mercy of the worm , by sending them abroad wholly unprovided of any fence against them : this company takes leave in the next place humbly to recommend to your lordships the requiring from the officers of the navy an impartial account of the condition wherein the ships of that fleet of sir thomas allen's brought home their hulls notwithstanding all the mighty professions then made by their commanders of the care that should be taken in the frequent turning up of their bottoms , and use of the long scrubbing-brushes , then first devised and introduced into the navy for the easier reaching towards their keeles in the making of them clean . and for whatever issue your lordships are to expect from the late liberty taken by these gentlemen of doing the like on other ships at this day , though it be yet too soon for your lordships to expect any certain account thereof , as being a matter not to be done before they are brought in and searched ; yet we cannot think it will be reckoned any ill measure for your lordships to frame your expectations by therein , to consider the single case of the rupert in her last voyage to the streights , under captain herbert , which ship in lieu of being according to the kings order sheathed with lead , was by the said officers advice , and the undertaking of her commander for the frequency of her cleaning , sent away naked ( saving in her keel , which was leaded ) with this success , that besides the apprehensions captain herbert was under concerning her , even while in the streights , upon what was then discovered relating to the worm , putting him upon thoughts ( had it been practicable ) of shifting her garble-strake there ; the officers of the navy are well able to inform your lordships , that ( notwithstanding all that promised care of captain herbert , and their own presumptions thereon ) it will be no small charge to his majesty to make good the damage she brought home by worm-eating . what then remains after this that has been said , and lies so easily within your lordships proving , touching the imperfections of both these methods of sheathing ships with wood , and exposing them to sea without any sheathing at all , but the waiting for some fourth , not yet heard of , or continuing this third under debate , of sheathing with lead , to which nothing is so much as pretended to , in objection by the officers of the navy themselves , but this of its supposed influence upon iron-work , as very well knowing , that no room is left for the least such pretenc● upon any one head of what has been ever suggested to the contrary , especially in those particular points of imperfections , wherein that of wood-sheathing , and sending of ships abroad unsheathed , appears ( as before ) to remain yet chargeable ; england being never to be supposed unfurnished with lead , as bearing it within its own bowels ; nor any complaint hitherto heard of , either of its being in any degree so apt to foul , or difficult to clean as wood , nor lastly , so much as one suggestion ever made of its injuring ships in their quality of sailing ; but so much the contrary , that we are ready in all humility to make our appeal to his majesty himself , whether the harwich sent in her lead-sheathing , anno . under captain killigrew to the streights , and hurried out from chatham under the disadvantage of not being so much as tallowed , suffered any thing from her said sheathing , in her virtue of sailing ; or did not outgo all ( both ships and yatchs ) that were then attending the king with her , in his passage to the westward . but of what satisfaction can this ( say the officers of the navy ) be , if one evil superiour to all those good qualities ( for so they understand this about the iron-work to be ) remains unremoved ? to which , ( my lords ) we come now to answer , and in so doing to open to your lordships what this company takes to be the most natural , easie , and thorough remedy thereto , even though it were possible ( as they believe , and doubt not upon proof of what is here said of your lordships believing also , that it is not ) that this suggestion of the noxiousness of lead to iron-work were true . and this your lordships may please to take from us in these few following considerations . . that after all the noise that has been made of the damage sustained by the king from this untimely consumption of his ships rudder-irons , his full charge for a whole set of them for a ship of each of those rates upon which sheathing is ordinarily used , viz. from a third rate downwards , will not one with another exceed the values following , viz.   rate . first cost . value of returns . clear charge . for a ship of the . . . . . . . . . that according to the report of the navy officers themselves , with the schedule of complaints attending it , and what has been ●bserved by us therein , it is evident that the shortest time to be supposed for the ordinary ▪ duration of rudder-irons in lead-sheathed ships , is two years and an half , or three years , within which time no ship of his majesty's was ever known , or can be supposed to want an opportunity of grounding or docking . . that ( besides the other great advantage of cheapness which lead-sheathing must be owned to have above that of wood ) the prices in this table ( were they of ten times the value ) would not bring the charge of rudder-irons to any equality of consideration with the evils lately recounted in both the other methods of sheathing with wood , or not sheathing at all . . and that therefore in the last place , forasmuch as universal consent and practice allows the laying them with tarr and hair under lead , to be a certain security to ships iron-works under water against rust , at least for so much as concerns their bolts : and that therefore the only thing we seem now to be in care for , is the supplying the consumption that may happen during the voyage in their rudder-irons , which ( were fresh ones in the way ) no ship ( as is already shewn , ) can at her grounding or docking want opportunities of doing by shifting them ; what then ( in one word ) can be more demonstrable than that a spare set thereof sent to sea with every lead-sheathed ship ( answerable to what is daily done in materials of much greater charge , and for uses of less consequence ) is a no less easie than ready and effectual remedy to all the damage that can be apprehended incident to a ship upon this head of rudder-irons in any voyage not exceeding five or six years continuance . nor ( may it please your lordships ) do we offer this as a new resort whereto this report of the navy officers may be thought to have driven us at this day ; forasmuch as it is no more than what in the same terms this company proposed in the year , to the then lords of the admiralty , and the officers of the navy , when upon the like considerations then urged , their lordships were pleased not only to approve it , but by their express order of the th of april in that year , to require the said officers ( amongst other things ) to receive from this company such rudder-irons as should be by them provided , upon a proposition they had then made of furnishing his majesty's lead-sheathed ships with that commodity , not only for their present use at the time of their sheathing , but for a reserve to answer accidents during their voyages . which order ( if executed ) must have long agoe with little charge , and less trouble , put an end to this clamorous evil , ( wherever the cause of it should at length have been found to lye ) and would ( by preventing the great damages his majesty is supposed to have sustained from it , ) have furnished the said officers with a much better expedient of testifying their regards to the king , and his service : their duty to your lordships , and the lords your predecessors ; their heedfulness to the established methods of the navy , and their own parts declared therein : and lastly , their good will to these the humble endeavours and early proposals of this company for the service of his majesty on this occasion , than thus by their own failures , first not to prevent these damages , next to prolong them , and then to complain of them . complaints . an account of the defects of his majesties ships which have been sheathed with lead . dreadnought , sheathed , tallowed at portsmouth , iune , and the pintels and gudgeons of her rudder-irons ( which were all new about a year and an half before , and the ship not out of harbour since ) very much eaten and consumed , and not to be trusted at sea , unless for a short tripp , and the swiftsures that was graved at the same time , her rudder-irons firm and sound , and not in the least consumed , though much longer on . see sir iohn kempthorns letter , iune . she was again haled on shore to clean , october , . and her bolts found totally eaten away , as well as the spikes and iron-works of the rudder , so that they were forced to plugg up the bolt-holes , and spile the spike-holes , there being nothing left in them but dirt , and new iron-work must be drove before she can go to sea. see sir r●b's letter oct. . lyon , sheathed . in october . the greatest number of her bolts under water ( under the lead sheathing ) found very much corroded and eaten , insomuch that some of them were gotten out by the caulkers with their spike-irons . the spikes and nails also under water under the lead-sheathing almost eaten to pieces , the like whereof the officers at portsmouth say , they never found in any ship not sheathed with lead , although their iron-work had been drove twice as long . all her bolts drove new about five years before . see the officers certificate , octob. . rose , sheathed . in haling her on shore to clean in . the' two lower pintells and gudgeons of the rudder-irons quite eaten off and the third almost off , so that the rudder was found to be unhung . see sir r. b's . letter september , . harwich sheathed . upon the careening abroad in february . & . the iron-work found much eaten with rust about the stern , especially the rudder-irons , imputed to the copper nails that fasten the lead-sheathing . see sir iohn narbrough's letter . of february . when in the dock , anno ▪ . her rudder-irons stirrups , staples , &c. found very much corroded and consumed , and rendred unserviceable , and the nonsuch's rudder-irons , &c. ( being at the same time in the dock ) very good and firm , although she had them on several years before the herwich . see sir iohn kempthorns letter , april , upon her cleaning september . all the heads of the bolts found eaten away on both sides , and as well those as the ragg-bolts eaten away to nothing , and so also the rudder irons , so that she must have bolts drove on both sides before she can go to sea , and have new rudder-irons . see sir r. b's letter , september . james gally . sheathed in october . her bottom was viewed in february . in livorne mould , and the lead found all cracked in every seam from one end to the other , as bad or worse than the eagle , when she came from guinny , and her rudder-irons eaten clear asunder , her rudder-irons were there mended , and in october following her rudder new hung at tangier , the irons being all again eaten in pieces . see sir iohn wyburns letter and account : she was repaired at woolwich in december . and her lead-sheathing stript off , the same being crackt in several places , and the rudder-irons being eaten by the rust , were forced to be shifted . see mr. shishes letter december . . charles galley , sheathed . sir iohn narbrough in iuly , writes , that the rudder-irons were defective , so that he must send her home the ensuing winter . see his letter iuly . . upon stripping off her lead-sheathieg , anno , her rudder-irons under water found so much decayed , that she was supplyed with new ones , likewise all the bolt-heads under water , in the but-ends of her planks quite eaten off , and most part of the heads of the ryder-bolts , and the bolts in the scarfs of her keel and stern . see mr. shishes letter december . . plymouth . sheathed . sir io. narbrough being in her in iuly , . writes , that her rudder-irons begun to be much eaten with rust , so that he believes he must be forced to send her home that winter . see his letter , iuly . . foresight . sheathed . upon stripping her sheathing off , all her rudder-irons under water so much decayed , that she was supplyed with new ones , likewise all the bolt-heads under water in the but-ends of her plank quite eaten off , and most part of the heads of the ryder-bolts , and the bolts in the scarfs of the keel and stern . king-fisher , sheathed . stript off in nov. . and her rudder-irons under water found so much decayed , that she was supplyed with new ones ; likewise all the bolt-heads under water in the but-ends of the plank were quite eaten off , and most part of the heads of the ryder-bolts , and the bolts in the scarfs of the keel and stem , all the rings that were clenched on the ends of her bolts were eaten off , and the ends , and the reaching of the ship crackt every seam of her from the rung-heads upwards , so that upon a survey of the shipwrights , the sheathing was ordred to be taken off . see mr. io. shishes letter , decemb. . woolwich . sheathed . repaired in iuly . and the sheathing taken off , by reason the plank was defective under water , and the rudder-irons so much eaten with rust , they were forced to unhang the rudder , and new hang it again . assistance . sheathed , octob. . she had a new set of rudder-irons months after the former , being very much eaten , and the lead was forced to be cut away in many places , for the seams being crackt , she is now in want of another sett of rudder-irons . see mr. jo. and tho. shishes letters , decemb. . henrietta . sheathed in . in her voyage from tunis to tripoly , her rudder wrought it self out of the irons , hanging only by the uppermost pintell , the irons were very much decayed , and the ends of the pintels eaten away , they made a shift to hang it again , flemish fashion , securing it with a top-chain ; after that , when she was at martha , her rudder was unhung again , and the irons shifted , and when she came to leghorn to carreen , the rudder was had on shoar , and fixt with new irons , and or new stirrups put to secure the false keel : upon the ships being in the dock at chatham , . the rudder-irons under water were found ▪ very bad and much eaten , and wasted away , but the braces and gudgeons very † good and serviceable , most of her bolts under water also found in a very bad condition , being likewise very much eaten and wasted . see certificate from the officers at chatham , apr. . . mary . sheathed . in . her stirrups both afore and abaft of the false keel found quite eaten and unserviceable , as also the staples are quite decayed , the pintells much eaten with rust , and too small for the gudgeons . see officers at portsm . certificate , apr. . . note . there were only eight of these ships complained of by the navy-officers , when they made their report octob. . but they having afterward given in this scheam of complaints to the commissioners of the admiralty dec. following , to do them right , this last is printed : to some of which no answer is given , as wanting opportunity ▪ to enquire , or not thinking it necessary , the answers to the rest , with what is hereafter said in the certificates , sufficiently proving the constant inequality of the iron-works duration on all ships , ( some of the lead-sheathed ships iron-work lasting much longer than others , and also than others sheathed with wood ) so that the lead-sheathing can be no ways chargeable with the decays in the iron-work . the lords commissioners of the admiralty having read the foregoing reply to the officers of the navy's report , thought fit by one of them , a member of the privy council , to lay the same before that board , who being attended by both sides , upon hearing were pleased to make the order following , viz. at the court at white-hall , decemb. . . present , the king 's most excellent majesty in council . it is this day ordered by his majesty in council , that the whole matter contained in the report of the officers of the navy to the right honourable the commissioners of the admiralty , this day read at the board , and the answer thereto from sir philip howard and company , relating to the sheathing his majesty's ships with lead , together with the other paper then also delivered and read , from the officers of the navy ; and what new matter was further mentioned by them in discourse upon the same subject , be referred to the said commissioners for executing the office of lord high admiral of england ; who upon the full and distinct examination of the same , and hearing of all persons concerned therein , are to make their report upon each article thereof in writing to this board ; with particular regard had therein to the shewing the differences of charge that has attended his majesty , whether in iron-work or otherwise upon the hulls and rudders of the several ships that have been sheathed with lead , and those that within the same time have been either sheathed with wood , or sent to sea vnsheathed . and if upon examination it shall appear that lead-sheathed●ships do sustain greater damage in their iron-works , than those sheathed with wood , or not sheathed at all , what the same is truly to be imputed to ; whether to their lead , nails , or what other cause . in all which the said commissioners are to report to this board the truth of the fact , as the same shall upon examination appear to them , with their opinion touching the same , and what upon the whole matter may be most for his majesty's service to be done therein , with relation to the ceasing or continuing the said method of sheathing . francis gwyn . hereupon sir philip howard and company further applyed themselves to the lords commissioners of the admiralty in their humble memorial following , viz. to the right honourable , the lords , his majesty's commissioners , for executing the office of lord high admiral of england ▪ the humble memorial of sir philip howard and company , interested in the manufacture and invention of milled-lead . shewing , that his majesty and my lords of the council having ( out of the same consideration of its importance to the king , which led your lordships first to the laying it before them ) been pleased by their order of decemb. last , to referr back to your lordships the business in controversie between the officers of the navy and this company touching lead-sheathing : these are humbly to acquaint your lordships that as we are , and shall at all times be ready to answer any commands which you shall think fit to direct to this company in relation thereto ; so do we hold our selves bound , in right no less to his majesty and your lordships than our selves , to remove a prejudice which the said officers did lately offer at the raising ( before his majesty in council ) against what we had then , and may yet have further occasion of saying in this debate , by a suggestion of our being governed by considerations of self-interest , while themselves would be thought removed above all suspicion of any other end herein than that of his majesties service . in answer whereto we shall only crave leave to say , that as to that uninterestedness so pretended to by them , it is too manifest , that their obtaining from your lordships a suddain condemnation of this method of lead-sheathing , is the only expedient they have for preventing the effects of that enquiry ( which the wisdom of his majesty and the lords of the council have been so pleased to recommend to your lordships ) into the particulars of our answer , leading your lordships to the several failures in duty and breach of orders reflected on them by us in relation to this affair , and the prejudices sustained therefrom by his majesty . and for what concerns the self-interest suggested to lye on our side , we shall only note , . that under all the discouragements and oppositions our invention has for twelve years together been treated with by them , we never have given them nor our selves the trouble of making one complaint to his majesty or your lordships concerning them , saving what has been extorted from us in our necessary reply to their late report to your honourable board on this subject ; nor in the whole four years last past ( wherein they have for ought appears both without , and contratrary to order , taken upon them the exercising , even that , which is the very matter of the present controversie , namely the adviseableness of laying aside the use of lead-sheathing ) have we ever made one application to them for removing or so much as enquiring into the rea●on on their so doing . . that had there been the least sollicitude on our parts after our private benefit , it would have easily prompted us to a much greater reservedness of style than your lordships find us using on this occasion towards the said officers , upon whose good-will alone the success of ours , and all other contracts with the navy , is well known wholly to depend : nor does this company need to appeal to any other evidence than your selves for the fidelity of their proceeding in this matter towards his majesty , in preference to any thoughts of private advantage , after that declaration under our hands , wherewith we prefaced our very first paper to your lordships on this occasion ; not only of our consent but desires , that no considerations relating to the interest or right of this company , might stand in the way of whatsoever his majesty and your lordships should think most for his service to determine concerning it . . that ( besides the many other advantages arising to his majesty from this invention ) the saving of his treasure will we doubt not in your enquiry be found concerned in a no less degree than that † of l. or a much greater summe per cent. through the whole of his expence of lead-sheathing compared with that of wood , or sending ships to sea unsheathed : upon which consideration , and of the good husbandry the present state of his majesty's treasure , seems in so particular a measure at this time to call for ; as also for our fuller discharge against the consequences of any mistake that may attend the issue of a debate of such importance to the royal navy of england , we do on his majesty's-behalf humbly pray , and must take leave to insist upon with your lordships , not only that the contents of our late reply in this cause may receive your due construction and examination with respect to what we have therein , and do still assert touching the true causes and remedy of the evil in controversie about ships iron-works : but that whatsoever your lordships shall in order to his majesty's service ( which alone we again desire your having any regard to ) find cause of requiring further from the said officers on this subject , may be mutually transacted between us in writing , and not otherwise : in which we shall endeavour to acquit our selves with all faithfulness and duty to his majesty , and no less submission to your lordships , as becomes my lords , your lordships , &c. the lords of the admiralty's commission being determined , before they had proceeded to make any report herein , and king charles the second taking in to himself the office of lord high admiral of england , which was transacted by his brother , mr. pepys being secretary , and sir anth. dean and mr. hewer ( the one always a professed friend to the thing , and the other not only so , but to that time a partner also for a twelfth share in the work ) being made commissioners of the navy , the mill'd-lead company could not but expect their lead-sheathing would soon be restored by the power of these gentlemen , they having throughly examined the matter , and informed themselves of the great benefit and advantage this sheathing had and might bring to his majesty's service , as hath been shewn , and by the post they were in , it now becoming their duty also , so that they did not much press their work , waiting only to be called for , as soon as it should be thought convenient ; but much time being lost under these expectations , at length complaining of this delay to their late partner , mr. hewer , he advised them ( not to petition the king as they intended , but ) to present a new proposal to the board to do the work per yard square , without any reflection or notice of the former proceedings , saying ▪ they that had been against it , must needs be convinced of their mis-information which had caused the prejudices they had formerly conceived against lead-sheathing , the whole matter ●eing so clearly stated , and this sheathing so well vindicated in the company 's reply which they had had so much time better to examine and consider of , and that they would take this way of application to them well , and we needed not to doubt the better and speedier success . wherefore the decemb. . the company presented the proposal following , which they leave still before the navy-board , in hopes at one time or other they will find reason and leisure to take the same into further consideration . to the honourable the principal officers and commissioners of his majesty's navy . a proposal of mr. kent and partners concerned in the work of mill'd-lead , to sheath his majesty's ships with the said lead , for preservation of their plank against the worm , which way of sheathing is plainly much better for sayling , cheaper and more durable than any other way hitherto used . it is humbly offered to your consideration , that when this way of milling lead for sheathing of ships was first invented , it was immediately communicaed to the late king , and his present majesty then lord high admiral of england , and the usefulness of the invention by them well weighed and considered , and thought to be of such consequence , that his majesty gave the inventors encouragement and advice to lay the same before the parliament , where , a●ter a most strict scrutiny into the matter in both houses , they obtained in the year . an act of parliament , with terms in it highly expressing the good opinion they had conceived of this invention . after which by his majesty's particular direction it was first tryed upon several of his own ships ; but the interest several persons ( trading in the materials formerly used in sheathing ) had to oppose this invention , did make them very iudustrious to raise objections against it , all which being throughly examined by his late majesty , and a view by him in person made of the ship phoenix after two voyages to the streights with the same sheathing , it pleased his majesty by his order of th . decemb. . to signifie his pleasure that for the future this way of sheathing and no other should be used upon his majesty's ships , by the then lords of the admiralty , in these words , viz. after our hearty commendations ; in pursuance of his majesty's pleasure signified to us by himself , at this board ; that in regard of the many and good proofs which had been given of the usefulness of sir philip howard and major watson's invention of sheathing his majesty's ships with lead , in preference to the doing of it with the materials , and in the manner anciently used , and with respect had no less to the charge thereof , than the effectual securing the hulls of his majesty's ships against the worms , his majesty's ships may for the time to come be sheathed in no other manner than that of lead , without special order given for the same from this board : these are to authorize you to cause this his majesty's pleasure ●erein to be duely complyed with . and so we remain your loving friends , anglesey . ormond . g. carteret . and after two years further experience , the then navy-board thought it for his majesty's service to contract with the mill'd-lead partners for the materials to sheath his ships at the rates expressed in their articles of agreement during their whole term of their act of parliament . and thus stood the matter 'till the close of the year . at which time ( as we humbly conceive , by the artifice of the interested traders ) was raised a clamour never heard of before , as if this way of sheathing did occasion a more than ordinary decay of the rudder-irons . this immediately put the partners upon a strict enquiry into the truth and validity of these objections , and it was not long e're they fully discovered that this decay in the iron-work proceeded not from the contrariety of the nature of lead with the matter of iron , but that the iron-work lasted or decayed , as it was better or worse mixt and wrought by the smith , for such different decays as are charged could never proceed from one common cause : his late majesty himself was convinced that there was not such corrosive quality in lead , having consulted the person in england , the most skilful in those matters . furthermore , universal practice both in his majesties yards , and merchant builders has and does at this day make lead the common security of iron-work against rust , not only by covering therewith ( upon all ships unsheathed , and designed for long voyages ) the iron-work about the rudder , but by capping the heads of their bolts under water with pieces of lead sized to and nailed over the said bolts . nor is this all , for at this day whatever merchant man , or man of war is appointed for a voyage , where the worm eats , the back of her stem-post and beard of her rudder are sheathed with copper or lead , and this even where the ships also are sheathed with wood , the east : india company it self , ( upon whom we may best depend for cautions wherever preservation of ships is in question ) not omitting in that very case to sheath their rudders with lead or copper , which practice certainly could never have prevailed with our fathers , and been followed with so continued a consent to this very day by us , of the vicinity of either of these metals , assisted ( as is by some imagined , ) by salt-water , had been ever found of so pernicious and certain ill effect upon the very matter they are employed to secure . nor does what is thus approved of in the general and universal practice of england want its confirmation by the like of forraign nations , to wit , the dutch , portuguese's , spaniard ; the first of which like us do generally sheath their rudder-irons , and the back of their posts with lead or copper , upon all ships bound in the way of the worm ; and for the two latter , not only the rudders , but the whole bodies of their ships under water , even of the gallions themselves , have of long time been , and are well known at this day to be entirely sheathed with lead , which concurrence of these two latter nations , seems in this case so much more considerable than any other , by how much not only their voyages are the longest , their hazards therein from the worm the greatest , and cargoes the most valuable of all that navigation knows , but for that the hulls of their ships abound the most with iron-work , as having all which in the fastening of our plank is performed with wooden trunnels , done by them with large spikes of iron . in fine , were this spoil of iron-work chargeable with nothing but what is contained in the lead and nails , these pretended effects of theirs would be constant and uniform in all ships alike sheathed ; whereas nothing is more frequent than the instances of their inequality , and this company dare put the whole credit of their cause upon that one issue , viz. of ever finding an equal consumption of the iron-work under water , whether upon the same or different ships at any one time , or equal distances of time : the complaint of ships that have passed this way of sheathing affording a most ample proof of this inequality , by having some of them loaden with complaints , and every one different from the rest , and at different times from it self , whilst we are yet to be told whether the rest are not ( as we are sure by the long lasting of the iron-work some of them were ) free from all ground of this complaint , and upon information of several masters of ships and other sea-faring men , even upon ships that were sheathed with lead , or not sheathed at all , they have found the rudder-irons of some to decay much sooner than others , which they alwayes imputed to the smiths different mixture , welding and working of the iron . to justifie therefore the goodness and usefulness of this their invention , the partners in the year . made a proposal to the then navy board , to furnish the rudder-irons for the ships they should sheath , in which they would take care themselves of the good mixture , welding and working thereof , which proposal was thought so reasonable that upon it several repeated orders to that board were made by the lords of the admiralty . thus stood the matter in the year . about which time some differences arose amongst the partners themselves , which gave an interruption to their proceedings , and an opportunity to those whose interest it was ( by reason of their respective trades ) to decry this invention , though it was apparently of so great advantage to the kings service ; but at present all differences being reconciled , and the interest in the act of parliament fallen into such hands as are both willing and able to set it on foot , they thought it their duty to lay a new proposal before your honourable board , which they do the more gladly , for that they know you all to be persons throughly acquainted with , and skilful in these matters , and most zealous in the profits and interests of his majesty . they crave leave to begin with reminding you of some arguments , which no doubt have formerly lain before some of you , of the advantage that will accrue by the use of this way of sheathing above that of wood. first , that the only competent and allowed defence of ships against the worm , before this of lead-sheathing , was the paying the hulls from the waters edge downwards with stuff , and laying the inside of a sheathing board ( from inch and quarter to three quarters thick ) all over with tarr and hair to be brought over the forementioned stuff ; and ( being well nailed ) graving or paying the outside of the said board all over with another composition of brimstone , oyl , and other ingredients , which is called wood-sheathing . secondly , concerning which , however united the opinions of us english men may be thought to have been touching the same , it seems to this company grounded not so much upon the real perfection thereof , as the profit that attends it to the builders interested in the working of it , and consequently leaving them under no temptation either to look out for a better themselves , or give encouragement to any discoveries made towards it by others . and that indeed the so universal reception given to wood-sheathing is rather due to this , than its own real sufficiency , you will be judges of from the following notes . . that if not the most , at least the most essential of all the ingredients , employed in that method of sheathing are of forraign growth , which they make use of not so much for the sake of the nationality of its argument , ( though yet that is such as the parliaments of england have ever laid great weight upon in all their deliberations upon trade , and particularly in the act relating to this very invention ) but from a consideration , which the books of the navy sufficiently confirm the force of , viz , that being forraign , such has sometimes been the scarcity thereof here , ( even when their use has been the most wanted , ) that they have been either not to be had at all , or at prices much exceeding the ordinary market ; whereas the materials used by the cop●rtners are of the product of england , and so can never be wanting . . that the wood-sheathing hath been alwayes observed and confessed to be very apt to gather filth , and of no less uneasiness when foul'd to be throughly cleansed again . . that from its roughness , and the multitude of nail-heads standing out from the ships side , or otherwise , and the thickness of the sheathing it self , ships sheathed with wood have ever been complained of as lessened thereby in that only quality , upon which our friggats most value themselves , and have their service in preference to others calculated from , namely , their sailing . all these arguments they humbly hope have given you full satisfaction of the preference this way of sheathing ought to have , and likewise hope they have answered all objections to it . they crave leave therefore to begin their new proposal with these assertions . . that this sheathing with lead , at the first hanging on , is , if at all , very inconsiderably dearer than a good streights sheathing with wood. . that the wood-sheathing never lasts above a voyage or two , and when stript the old sheathing is worth little or nothing . . that this lead-sheathing with some small repairs will preserve the plank from the worm , ( which is the true intent of sheathing ships ) till it shall be required to be stript off for calking , or other reparation of the hull when that shall be necessary , but will never need stripping for any defect in the sheathing it self ; and when it shall be stript , the old sheathing being metal , will yield its value to melt down again . to reduce this work to a certainty of great and undeniable benefit and advantage to his majesty , they offer as followeth . . that the ships sides being prepared ( and the bolt-heads and braces parcelled or capt as they ought ) to bring the sheathing on , they will sheath the same with their lead and nails according to the pattern now produced , which is near . l. to the foot square , in any of his majesties yards ( convenient room being assigned them to store their goods ) and defray all charge of materials , carriage , workmanship , and wast at the rate of . s. . d. per yard square , which upon due enquiry will appear to be very little more than a good streights sheathing , and not above half so much as an east-india sheathing . . to keep the same in constant repair , they offer to deliver on board convenient stores of lead and nails to supply accidents if any happen in a voyage , for which the carpenter may be answerable , and as often as any of the ships they shall sheath shall return home from their voyages , any wise damaged in their sheathing , they will be obliged ▪ upon notice given when they are dockt , to repair the same , and so from time to time to keep the said sheathing in good and constant repair at the rate of . l. per cent. per annum . according to each ships first charge of sheathing , as long time as they shall desire to have the said sheathing continued on to the time of stripping , and then to allow for the old lead . s. per hundred weight , whereas the wood-sheathing , which seldom lasts above a voyage , when stript yields nothing . if any doubt yet remains , that this sheathing is the cause of a more than ordinary decay in the rudder-irons , they do offer , if they may have the making the rudder-irons themselves for such ships they shall sheath , they will undertake the same at the kings rates ; and to prevent all suspicion of hazard , while ships are in their voyages , they will at first sheathing provide two setts of rudder-irons to each ship , one to be in store alwayes on board to shift if occasion requires , and those not to be paid for till it shall appear that the first have lasted as long as the rudder-irons of other ships usually do ; and when the lead-sheathing is thereby sufficiently vindicated from the fear of being any wise destructive to the rudder-irons , they may be made by the same hands they now are , again . all which is humbly submitted to your consideration . . december . letters and certificates from the king's master-builders , carpenters , &c. on behalf of the lead-sheathing . sir anthony dean's letter to sir francis watson . ianuary . . sir , the patterns of lead you shewed me of l. to the foot square , is absolutely of great advantage to his majesty , being very fit for the uses of the navy , and will serve for furnaces , sea-store , caps for bolts , heads of masts , and the like : and the pattern of l. and under is very fit to nail under knees , standards , carved-work and double-work , and would not do amiss for sheathing , if nails can be found to last , which i thought convenient to be particular in mentioning as well the size and weight as its uses , to satisfie those who may be concerned . anthony dean , master-builder at portsmouth . portsmouth . these are to certifie whom it may concern , that the mary and lyon having been both on ground at portsmouth , we did view the sheathing upon the said ships , which was done at chatham in the year . and do find it 〈◊〉 on exceeding well , the salt-water having not eaten either the lead or the nails in the least as we can discern . dan. furzer , master-builder . rog. eastwood , assistant . feb. . / ; . chatham . these may certifie whom it may concrrn , that the ships whose names are mentioned in the margent , were sheathed with thin lead at his majesty's yard at chatham , prepared and made after the new invention , the mary having been here in the dock since she was sheathed , her sheathing lay all very firm , smooth , and good as when first put on , and very clean ; and i am of opinion that the lead made after this new inveution , being so close pressed , smooth , and equal in all parts , it is much more useful for shipping , and cheaper than the lead cast after the usual manner , this lead after this new invention being fit for all uses about a ship , it being made to weigh , , or l. to the foot square . phin. pett , master-builder at chatham . chatham-dock , feb. . / . woolwich . whereas his majesties ships the phoenix and dreadnought were above three years since sheathed by major watsons new invention with thin lead , and at their returns after several forreign voyages being ordered into his majesties dock at woolwich , and committed to my care to search the condition of their hulls ; upon view thereof i do hereby certifie , ( notwithstanding the fears the said sheathings might have been prejudiced by the cables , lying on ground , or some other accident ) that their sheathings did continue very firm and fast , without the least damage from the first doing thereof , the phoenix particularly having then made two voyages into the streights , was since sent a voyage into guinny without any amendment . furthermore , his majesties ship the bristol being in the beginning of april last ordered under my charge to be sheathed , i sheathed her with the same sort of lead and nails in less than three days time , and the whole charge thereof upon the exactest computation i could make , did amount to . l. . s. which is as little as she could possibly cost for an ordinary sheathing of boards of . inch , well nailed . this i could no less than certifie under my hand . phin. pett , master-builder at woolwich . iuly . . sheerness . these are to certifie , that about nine or ten dayes since his majesties ships the henrietta and phoenix , which are sheathed with lead , were haled on shore at his majesties yard at sheerness , the said ships coming in thither from cruising in the channel , the latter having made her voyage into the streights ; and that i found the sheathing of the said ships very firm and good , not at all damnified by the ranging of the cables along the side , or by rubbing on the ground , or otherwise . iohn shish , master-builder . octob. . . these are to certifie , that i was carpenter of his majesties ship the phoenix , in her voyage from the west-indies , or barbadoes , in the year . captain atkins commander , as we were coming home in a storm of wind , reeving our fore course the rudder snapt off , the waters edge being worm eaten quite through , the lower part tore away all the eyes of the braces under water excepting one , and so sunk , the upper part hung fast , which i hung over-board , and took off , unto which i fastened planks to make a rudder as well as i could ; the reason of the rudder being lost , was by the worm eating it in pieces . edward ledger , carpenter . these are to certifie , that i edw. wright was entred cooper on board the kingsfisher , about four months before she was sheathed with lead , and that her rudder irons ( as i was informed ) was put on her at woodbridge about a year before , the ship having afterwards lain in chatham river till i entred , and i was on board her above two years and a half , at least two years in the streights , captain trotter commander . that she had none of her rudder-irons shifted all that time except one pintel , which was broke , and amended at legorne , and at her new voyage when he left her about a year and a half agoe , she shifted none of her said rudder-irons . that in the said voyage they did many times clean the said ship as there was ccoasion , which kept clean much better than a wood-sheathing : and when they had occasion in three or four months time or thereabouts , as they had opportunity , they used to careen her with her guns , and in half the time and trouble , with bristle brushes , provided for that purpose , they used to clean her as they had formerly done their board-sheathing , with which jo. ward her carpenter , and robert bodenham her boatswain , now in the streights , were so much pleased , that they would often fall into commendation of that new way of sheathing , and the easiness of keeping it clean , and the great advantage thereby to the ship in its sailing . edward wright . novemb. . . we , whose names are underwritten , carpenters , employed about the stripping the mill'd lead-sheathing of the assistance , at her coming into mr. castles dock at deptford , to be repaired in september . do hereby certifie the said sheathing lay on very very well and whole , from any galling by the cables or rubbing off on ground , preserved its plank smooth and sound , from any worm eating as at first laying on , which was about ten years since . will. bowerman . john rumney . octob. . . a letter from the master-builders assistant at deptford , formerly master-caulker at portsmouth . sir , after my hearty service presented to you , these are to acquaint you that i had answered your letter e're this time , only i did think it convenient to see how the mary's bolts proved at woolwich , which i now understand are very bad ; these bolts have been drove or years , which could not be expected any better than they be , but the plank is very good , and so was the plymouth's and dreadnought's , and not the worse for the worm except where the lead was off , and that not worth speaking of , but all ships ( as far as i see ) the plank proved as good as those which were sheathed with board : as to the bolts and braces , i dare engage they may be secured in parcelling of them , and the ships which were sheathed with lead very tight , when the work was very open under the sheathing . zach. medbury . iuly . . a letter from the master-builder of portsmouth to the lord churchil . my lord , in answer to your lordships letter , my opinion of lead-sheathing is , that it is the finest and cleanest sheathing in the world , and as for the destruction of the bolts ; i say when well parcelled , no defect can come from the lead-sheathing ; for i have made it my observation , that where the bolt heads are carefully parcelled ( as they are or ought to be in a wood-sheathing ) no defect is found , but where that is neglected , the water getting between the bolt-head and the lead , there both the lead and iron are usually decayed : but i find that his majesties ships in ten or twelve years are generally iron-sick , whether sheathed either way or not sheathed at all , by reason of the builg water . and as to the rudder-irons , i find that the pintells decay soonest , but that an unconstant and unequal decay in the said iron are in all ships , is most certain , sheathed or not , and according to the goodness and well working of the iron , some prove of longer durance than other , the soon decay i cannot impute to the lead-sheathing , but if such decay were , hanging the rudder flemish fashion , 't is easie to unhang the same , and upon such decay to hang on new ones , the braces being much more durable than the pintells : and as wood-sheathing requires to be stript once in three years , where the worm eats , so my opinion is , that a lead-sheathing ought to be stript once in seven years , by reason of the ochams decaying in the seams ; ( the which would lye on much longer , and be firm , were it not for such decay ) and as to its fouling , it fouls nothing near so soon as a wood-sheathing , and when foul is easily cleaned with brushes , or scrapers if barnicled , with very little trouble , it will also endure a handsome fire to dry the same if occasion requires ; and when this sheathing is stript , the plank is no wise damaged by the worm as we ever found : this i hope gives your lordship full satisfaction from your lordships , &c. isaac betts . iuly . . a letter from sir phineas pet , commissioner at chatham , to my lord churchil . my lord , in answer to your lordships letter , desiring my opinion of the lead-sheathing , and the complaints that some have made against the rudder-irons and bolts of several of the lead-sheathed ships , i return your lordship this general account following , which i suppose will give your lordship full satisfaction . while i was his majesties master builder here at chatham , it fell into my way to sheath and strip divers of those ships , by which i had opportunity enough to make full observations , as well in respect of the iron-work as sheathing ; and i must confess after i had seen some of those ships return from their voyages , as the lyon , henrietta and mary , with their sheathing firm and sound , free from the worm , and very clean , i look'd upon this sheathing as a very happy invention for his majesties service , to have his friggats thus secured from the worm , without hinderance to their sailing , which a thick wood-sheathing must needs be ; and by reason of its duration , the charge that was saved in graving , and the value of the old sheathing ( being mettal ) when stript must needs be considerably cheaper to the king , and i am of the same opinion still , though i have heard divers commanders and others say , this sheathing is an extraordinary decayer of the iron-work , which they may fancy by taking notice only of some particular ships that perhaps may have had their rudder-irons last a shorter time with a lead-sheathing , than they have observed some other ships that have been sheathed with wood , being not acquainted with the searching and repairs of iron-work in ships of all kinds as shipwrights are ; for this great inequality we constantly find in the lasting of the rudder-irons , and other iron-work in all ships , whether sheathed either way , or not at all , may not be known to them , which we always look upon to come from the smith , in the better or worse mixing , welding , and working his iron : nor can i imagine how the lead-sheathing should be any cause of the great decay in iron-work , for we use in wood-sheathing to capp the bolt-heads with lead , and many times to sheath the rudder-post , and beard of the rudder with lead . and for the nails , their heads are so thin and small , that i do not see how they should continue so long in the sides of a ship , ( as some of these ships have been sheathed , ) and at stripping appear not at all to be diminished in their substance , and yet communicate such a corroding mischief to the iron-work as some would have it ; but if such a thing were , well parcelling the bolts would secure them , and the rudder-irons can decay in no voyage so fast , but by having a fresh set always on board , opportunity may be found time enough to shift them , which would very well be contrived , rather than to lose so many other great benefits that lead-sheathing brings with it to his majesties service as well as to the publick . this is i think the substance of what your lordship would be satisfied in ; and if you desire any thing more particularly , you may command your lordships most , &c. phin. pett . april . . pursers certificates for the goodness of sheathing-lead to line the bread-rooms . these certifie , that the bread-rooms of his majesties ship royal catherine being lined with lead , did very well preserve the bisquet , insomuch that during the term of her voyage and . there was not any bisquet damaged . jacob bryan . these are to certifie , that his majesties ship the fairfax bread-rooms were lined with lead about two years since , and that the said bread-rooms was bread for nine or ten years , which during the said time was not removed , or stirred , and was at the expiration of the said time as good as when it was first put in , and received no damage by wet or damp to the prejudice of the bread. william rivers . ian. . . sir , you having a desire to hear how the leading of the bread room of the st. david , was a preservation of the bread , i do assure you , that if it had not been for the leading of it , it would not have lasted half so long ; for i was two years in the said ship , and the very last of our bread did hold out to be as good as the first . ian. . / wilm . new. these do certifie whom it may concern , that the bread-room belonging to his majesty's ship the happy return are lined with lead , which lead hath for eight months together preserved the bread from any damage without being stirred , and it was in as good condition as at first putting in . feb. . / maur. linch . these are to certifie , that the bread-room of his majesty's ship royal prince being lined with lead , did very well preserve the bisquet , insomuch that during the last voyage betwixt may , . and . octob. following , there was not in the term of the said voyage any bisquet damaged . triamer pickstock . these are to certifie , that the bread-room of his majesty's ship st. george , being seeled with lead , did preserve and keep our bread in very good condition the whole time that she was at sea. sept. . . david willis . perhaps it may be acceptable to some readers , to have a glancing and shorter view of the company 's answer to the officers of the navy's report and complaints to the lords commissioners of the admiralty against the lead-sheathing ; and therefore it is thought fit that the reader be entertained therewith , as the same was also drawn by the pen of that ingenious person mr. pepys , viz. a brief of the controversie depending between the officers of the navy , and sir philip howard and company , touching the late invention and practice of sheathing his majesty's ships with lead . sir philip howard and company , interested in the manufacture of mill'd-lead , and contraction for the same with the officers of the navy for the use of his majesty , being surprized with a late report to the lords of the admiralty from the said officers in prejudice of this invention , did ( in right to hi● majesty and his service , no less than to it and themselves ) present their lordships this day with a reply to that report , containing an ample deduction and state of the whole matter , whereof the following is an abstract : shewing , that this company becoming masters of the said invention , anno ▪ , they in the same year submitted it ( as a matter of publick import ) to the examination and censure of parliament . where after passing the most solemn and strict methods of inquisition in both houses , it received their approval and confirmation , by an act granted to that effect , in terms most expressive of their satisfaction in it , and intentions of encouragement to its inventors . after which , it was by his majesties command immediately put in execution , first upon the phoenix , and then successively upon other of his ships . but not without continued industry and combinations employed against it , by persons interested so to do , until by a three years proof of its efficacy , in contradiction to all that had been objected against it , and more particularly from the satisfaction his majesty received concerning it , in his personal view and observation o● its success upon the phoenix ; he was pleased to put an end to the same in the year . by an order from the then lords of the admiralty , solemnly establishing this method of sheathing , in exclusion to all that had been till then used in the navy . notwithstanding which , the said officers thought fit to take yet two years more for its probation , ( in all five years ) before they would make it the king 's , by entering into any contract for it with this company : which then ( viz. in the year . ) they did , and that not only with a condition of securing the benefit of it to his majesty for twenty years to come , ( which was the whole term the company had then remaining in it ) but an express declaration of their entering into this contract , upon sufficient experience had of the goodness and usefulness of this invention , both as to the lead and nails . all this neverthesess not sufficing against the private interests concern'd to expose it ; a new exception was soon after rais'd , upon the score of a pretended discovery made of some occult quality in the lead , by which the rudder-irons , and other iron-works of his majesties ships under water were said to be in an unusual degree eaten and corroded with rust. upon which his majesty and the lords of the admiralty did by several and repeated orders in the months of april and may . not only recommend and press upon the officers●of the navy , the making a strict enquiry into the general truth , and natural ground of the evil so complain'd of ; but upon a reasonable suggection then made by this company , of its being rather chargeable upon some defect in the iron-work it self , than ought to be apprehended from the lead , they were pleased to direct several ships to be expresly fitted , and other things done by the said officers in conjunction with this company , in order to the better discovery of the truth in that particular ; but without any regard shewn either to those orders , or to the importance of their contents to his majesty , by any thing that appears to have been done towards it by the said officers , from that very day to the date of this report in october last , wherein ( upon the single score of its suppos'd influence upon iron , ) they take upon them peremptorily to advise against the further use of lead-sheathing , without any other evidence of the truth or ground of that their supposal , than what is to be inferred from a particular thereto annex'd , of the decays of iron-work observ'd upon some of the lead-sheathed ships . the invalidity of which instances being severally opened by this company , with respect no less to their truth , consistencies , and cogency , than to their disproportion in number to those of the like sheathing , against which nothing of complaint has been suggested by them ; the company proceeds to shew , i. that the sheathing of ships with lead , neither is nor can ( as such ) be the cause of any decay in iron : and this , . from the universal consent of persons of the most allowed knowledge in the theory and operation of metals . . from the universal practice ( both ancient and modern ) of the shipwrights of england , in their special application of lead to the preserving of iron-work . . from the like practice in forraign nations . . from their observations touching the unequal growth of rust upon iron-work , within the same or different spaces of time , and on the same or different ships , however sheathed or unsheathed . ii. that the real causes to which alone this extraordinary decay of the iron-work is of right to be imputed , are , . the want of due inspection to the performance of the smiths work. . an industrious omission ( in the particular case of these ships ) of the principal point of care used both in his majesties and merchants service , in the preparing of all ships designed for sheathing . . an unaccountable continuance of the sheathing upon the bodies of these ships , beyond what the practice and rules of the navy , in the case of any such neglects can justifie . iii. lastly , that an enquiry into the books of iron-work in his majesties yards , is the only , and would long e're now ( had this company 's advice been pursued ) have been found an effectual and certain expedient for the coming to a right decision of this question . which being said , and an account given of the several obstructions and discouragements , which both his majesties service , and this company have met with from the officers of the navy , in all its endeavours of bringing this matter to a satisfactory issue to his majesty : the company concludes with shewing these three things , . that sheathing with wood ( the only security for ships against the worm , before this of lead ) is , and has always been owned to be , attended with several circumstances greatly detrimental to his majesty , both in his ships and service . . that the only expedient also , besides this of lead , for obviating those evils in wood-sheathing , has been the flying to another evil , no less fit to be avoided than they , viz. that of sending the kings ships into the worms way unsheathed . . lastly , that therefore the only method in reserve ( yet known ) for the serving of his majesty herein , is this of lead . against which , none of the evils in either of the former , or any other , are ( after near twelve years experience of it ) so much as suggested by the officers of the navy themselves at this day , saving this under dispute concerning iron-work ; to which , ( after all ) the company closes with proposing a most obvious , easie , next to chargeable , and effectual remedy . for the particulars of which , and each of the foregoing matters , reference is to be had to their original paper , lying before his ma●esty and the lords of the admiralty ; whereof this is only an abstract . having in the foregoing part of this discourse entertained the reader with the transactions that have passed concerning the mill'd lead used upon the sheathing , &c. of about twenty ships of the navy royal , i shall now set forth the great benefit and advantage accrewing from the use of this sort of lead for the covering all manner of buildings , and other purposes where sheet-lead is employed , which the mill'd lead company some time ●ince also proposed to their majesties officers for buildings and ordnance , at rates greatly cheaper than what was or is paid ( with respect to the work done ) for cast-lead , which they had demonstrated to be much better as well as much cheaper , in a sheet of paper printed and published some years ago , for general satisfaction , but could not prevail with those officers by all their printing , proofs , or proposals , it being against the inclinations or profit of the plumbers and their friends , who had power or interest enough to hinder the admittance thereof into the kings works , which being further proved by fresh instances of experience from coverings of houses , &c. both wayes done since the rebuilding of london , lately also published , the same here follows in terminis , for the better satisfaction of those who have the disposal of their own money . an advertisement to all who have occasion to make use of sheet-lead . all new inventions ( being proposed ( as better and cheaper ) to lay aside something before used for the same purpose ) must expect to meet with great opposition ; for some particular persons , and some trades which consist of many persons being concern'd in point of interest , right or wrong , they will decry that which is against their profit , and procure as many others as they can to do so too ; this being the case o● the plumbers with those concerned in the milled-lead , whoever has occasion to make use of sheet-lead ought not to regard what interested persons say on either side , but to weigh and consider with himself the reasons offered , and to examine the truth of what 's said on both sides : the mill'd-lead company have printed many of their reasons some time since , in a paper at large : amongst which , to say nothing of its solidity , smoothness , &c. the equality of mill'd lead alone is sufficient to prove it much better , and ( at the companys rates in proportion to the least inequality that can be granted in cast-lead ) much cheaper , which also may further appear from the considerations following . . it is agreed by all , that if the plumber could cast his lead exactly equal to the thinnest part thereof , it would be better than to be thicker in one place than another , so that the excess of thickness is not only unnecessarily paid for , but it makes the sheet worse , and helps to crack and cockle the thinner parts , by its stronger resisting the sun-beams , and other accidents of weather , which falling equally on all parts alike , draws the thinner parts , when the thicker stay behind , which causes that cockling and cracking therein : wherefore , if mill'd lead be thicker than the thinnest part of a cast sheet , it must be allowed to be better , and to last longer , and a less quantity of lead being employed , it may be cheaper to what degree in proportion to cast lead the customer shall judge it convenient and sufficient for the purpose designed to have the thickness of his mill'd-lead to be of . . the wasting and decay of sheet-lead being chiefly beneath by the heat and moisture contracted between it and the plain it lyes on ( turning it into white-lead , ) that accident which the thinner as well as the thicker parts are alike liable to , shews the great mischief that attends a cast-lead covering in this respect also . . these particulars as well as the plumbers vain pretence to near equality , and endeavour to cast as equal as he can , shews the excellency of equality in sheet-lead , and consequently that it is so much the worse , by how much it deviates from equalily , and this inequality in a sheet of lead being an object of sense , any man that has but his eyes in his head may be as good a judge thereof as the best architect , surveyor or plumber in england ; and if he please but to give himself the trouble of viewing indifferently the coverings upon houses in london , since the rebuilding , and cut a snip from the thickest and thinnest part of the edge of any sheet he can come at , he will generally find cast-lead to be a third , or at least a fourth part thicker , nay , many times above twice as thick in some places as in others , and the coverings for the most part crackt , cockled and patcht with solder , if they have not been new laid , as many have been since the fire , particularly the royal exchange and cordwaners-hall new covered four or five years ago ; the kings head , a confectioners by ludgate , part new covered about seven years since , and the new as well as the old crack'd , cockled , and patcht with solder ; the eagle and child in tower-street , stript and new laid in . mr. clark's house , next the bell in fryday-street , and abundance more new covered , too long here to mention ; and where the old ones lye , this decay and patching generally appears : whereas such coverings as have been laid with mill'd-lead , some not above . l. to the foot , ten or twelve years ago , lye as well as at first laying , and in all probability will so continue many years , as to instance in a few : at mr. wdgstaffe's , next the hand and pen in rood-lane , a covering about foot square , with sheets the full length ; mr. miners's buildings in the inner temple , with sheets foot long , where a covering of cast-lead by , at the same time laid , being compared , the defects complained of will plainly appear , in this , while that continues as well as at first , at mr. graydon's house in the pell-mell , and divers others too long also here to mention ; besides many more in town , and some great houses in the countrey done since , as esq. sanders's at tooting , some sheets foot long ; esq. tilney's new house near rotherwick in bark-shire ; sir iames hayes's at bedgbury , and esq. vane's at fairlaune in kent , &c. of different kinds , worth viewing for beauty and imitation . . there are besides the inequality , certain defects in cast-lead that lye concealed within the sheet , not appearing on the superficies , called by the plumber blow-holes and sand-holes , which often happens in casting , and must help forward the decay of those coverings , which the mill discovers , such holes being enlarged as the sheet lengthens in milling , ( and not closed up as they falsely suggest ) and where these holes or breaks are met with , the sheet is cut , if long enough for use ; if not , all 's returned again to be new cast , so that none but sound sheets can pass the mill twenty or thirty times , as every sheet does before it is finished . . let us suppose then the present price of mill'd-lead to be s. a hund . and cast-lead s. which is an eighth part less , whatever the inequality of a cast-sheet shall appear to be above an eighth part , which is not easily discerned , so much must it be granted that mill'd lead is cheaper ; but if mill'd lead of lib. to the foot be admitted but to be as good as the plumbers pretended . l. it is cheaper at . s. a hundred than his at s. d. . wherefore since lib. to the foot may very well be allowed , to remove all objections at once which the plumbers and their friends falsly charge the mill'd-lead with , any person ( using the plumber the company shall recommend or approve ) that shall lay a covering with their lead of lib. to the foot square , they will undertake ( and secure him by good covenants as council shall advise ) to keep such covering , not exceeding a l. value , in good and constant repair for a term of years ( to mention a time certain and sufficient ) for s. a year , and proportionably for a greater ; and if any sheet or sheets shall crack , or any wise prove defective in respect of the lead it self , they will be obliged at their own charge ( carriage only paid for ) to lay new sheets in their room , without that patching and botching with solder that appears upon all the cast-lead coverings in town , that have not lain half so long , at a very great charge in work and solder , besides the damage the house must have sustained thereby . ☞ but because some plumbers , and others their friends , do pretend greater care and improvement in their casting of late , and have offered to lay wagers that they can cast a sheet of their full length equal within one pound in ten quite through ; mr. hale , a partner and manager of the work , is ready to take any such wager ; nay , he will give them a pound and an half in ten , and lay them the price of a fodder of lead , that all the plumbers in town , and their friends joyned to their assistance , in the way they have hitherto used of casting upon sand , they cannot do 't ; and is ready to enter into fair articles with any one that shall make the wager ; though if some should be found so dexterous as to cast one or two such sheets perhaps in half a dozen , it would not mend the matter for general use : moreover , if this could be done , even at the rate of a pound and an half in ten , mill'd-lead is yet cheaper about three per cent. for ten bundaed weight of cast lead would cost . l. and eight hundred and an half of mill'd lead but l. . s. as to the plumbers pretence of casting broader , that 's not yet ( according to the proverb ) as broad as long ; for the mill'd lead size of three foot and an half being broad enough , and perhaps better than broader for general use , and they able to make their sheets above twice as long as the plumber can cast , if need require , to save drips , and comply with the length of coverings , this disadvantage is not made good by any pretence of breadth soever ; which if greater breadths are necessary , as for coperas-works , &c. may be supplyed with mill'd lead , by burning a seam joyning two sheets together . this mill'd lead being to be had of any thickness , even from one pound in the foot to twenty , or more if desired , must for the reasons aforesaid be cheaper and better than cast lead , and will serve for all uses that cast sheets are fit for , and the thinner sorts for many more , any one may be supplyed with able workmen to lay the same on churches or other buildings , or work it into cisterns , fountains , pipes , vessels for brewers , dyers , coperas-works , dairies , &c. and solder at d. a pound ; also where nailing is required there sheathing nails , made of a mettal that will not rust , corrode or decay the lead , as iron does , may be had for d. a hundred , at the mill'd-lead-shop , * the sign of the mallard on the west-side of fleet-channel , near holborn-brigde , or by a note left for mr. hale al the temple coffee-house , that he may know where to speak with the parties , or send his plumber to undertake their work. there 's nothing said herein relating to the mill'd-lead-sheathing ; that having been discontinued in the navy ( after about twenty ships sheathed ) requiring a more large and particular account what may have been the cause thereof , the objections , answers , proofs , and whole proceedings in that matter , are intended shortly to be printed , which will suficiently satisfie the unprejudiced , and justifie the preference of lead-sheathing before that of wood in many particulars , besides cheapness ; which with regard to its duration , and the value of the old sheathing when stript , will save the owner above cent. per cent. and all the noise that has been about the rudder-irons decay , charged on that sheathing , proved to be frivolous , vain and groundless . all merchants or others that shall buy any considerable quantity , above a tun at least , upon discourse with the said mr. hale , may have some abatement even from the present prices , suitable to the quantity and payment . london , printed for t. h. and are to be had at garraway's coffee-house , the temple coffee-house , and the mill'd-lead shop above-mentioned . . notwithstanding which , the plumbers ( to prevent a contract with the commissioners of the navy , for which this company had then a proposal lying before them to furnish their mill'd-lead of all sizes of thickness and thinness , as well for sheet-lead as scuppers , &c. into their majesty's yards ) gave in to them the paper following : the vanity and falshood of which paper will plainly appear to the reader from the testimonies given even by the owners or inhabitants themselves of those houses from whence they raise their instances of commending their cast and decrying the mill'd-lead , divers of which are here also printed at the foot of their said paper , others being houses never covered with mill'd-lead at all , as the lord preston's , or with mill'd-lead , as the lord crew 's , against which no ground for complaint of the lead , in which houses servant-women only living , they could not give proper certificates herein . the plumber's proposal to the navy-board . right honourable , understanding that the persons concerned in the mill'd-lead have put out printed papers in vindication of the service of the said lead , and have also lately made proposals to your honours to serve their majesty's therewith , or any private persons for covering of houses , gutters , pipes , cisterns , scuppers , liquor-backs , or such like work , which they pretend will be cheaper and better than cast-lead : may it please your honours , the mill'd lead is no ways so serviceable and cheap as the same is represented , nor indeed scarce fit for any service , as is evidently proved by daily experience in most places where the same has been used ; that after it hath lain a few years , it hath crack'd , flaw'd , and rose in ridges , so that the persons concerned , after having been at a considerable charge in the daily patching and mending of it , have at last been forced to take it up , and lay cast-lead in the room of it , before such time as the houses or places could be made tight : of the truth of which , several examples can be given your honours upon oath , if required . that on the other side , the cast-lead doth plainly make appear its durance and service , for in several old buildings about this city and westminster , where this lead hath been laid for a great term of years , yet remaineth as firm and right as when first laid : and besides , the same is cheaper and better to their majesty , or any private person , by l. per cent. than the mill'd-lead is , according to the rates it is now sold , which together with the strength and service is very considerable . also the solder made and used by them of the mill'd lead , is not fit for service , whereas all solder used by the plumbers is by essay sealed according to the standing rules of the company . by what is here offered , is humbly desired may be taken by your honours , as proceeding from duty , and not in prejudice to the persons concerned in the mill'd-lead , for notwithstanding the plausible pretences of the usefulness and service of the said lead , and the disparagement of the cast-lead , yet the plumbers have not made any like returns to discredit the mill'd-lead , not for want of reasons , but being assured that a short time would sufficiently make appear the service and firmness of the cast-lead , and the sleightness and the charge of the other , which is now sufficiently evidenced , and is humbly submitted to your honours considerations . places where the mill'd-lead hath been used . his majesty's horse-guard houses at white-hall . the lord preston's house . the countess of portland's . the lord crew 's in soho-square . mr. fox's in arundel-street . * mr. harris's in norfolk-street . sir iohn iames's in pell-mell . dr. chamberlain's in essex-buildings . esq sanders at tooting . sir ant. deane's . these and several others which have been covered with mill'd-lead , have been taken up and laid with cast-lead in a very short time ▪ as may be made appear . ex. per w. dale , aug. . copies of letters and certificates , proving the plumber's foregoing paper to be scandalous and false . mr. saunders's letter . mr. hale , i have thought upon the paper you shewed me , which you said the plumbers presented to the navy-board , complaining of mighty defects in your mill'd-lead , and mentioning a great many places where they say they have been forced to strip it off , and new cover with their cast-lead , and amongst the rest my house at tooting : i wonder much at their confidence and folly , to say such things that may be so easily contradicted : i assure you my covering at tooting lyes very well , and i do not doubt but it will so continue ; indeed i am very proud of it , and i do not think there 's a finer and better covering in england , at least not of cast-lead , for i have sheets thereon about twice as long as i ever heard the plumber pretended to cast , being foot long , and i was very well satisfied after a great deal of discourse with the plumber before i began , that your mill'd lead was cheaper in the whole work , and would prove much better , and being exactly equal ( which theirs is far from ) would last longer than theirs , and i see no cause yet to alter my opinion . upon your request to have something from me in writing on this occasion , i could say no less , and suppose this may suffice from aug. . sir , your humble sevant , robert sanders . dr. chamberlain's letter . mr. hale , when i last saw you , you shewed me a paper addressed by the plumbers to the navy-board , wonderfully decrying your milld-lead , commending their own , and because that amongst several other places , which they ●ay were covered with mill'd-lead , that in a short time ( being very defective ) were taken up , and new laid with cast-lead , they mention mine in essex-buildings to have been one ; you then desired me to give two or three lines in writing of the truth thereof , which i could not reasonably deny you ; and i do here assure you that the same mill'd-lead which was first laid on about twelve years since upon two platforms at my house there , remains on still very well , free from any such cracks or flaws and ridges they complain of , which i have reason to believe would not have continued so well , if they had been covered with cast-lead ; for that the cast-sheets which were laid upon the cornish next the street before i came to the house , were afterward in many places so crack'd and cockled , that about eight years ago , as i remember , the plumber took it up , or great part of it , and new laid it again : i considered also of the charge of both wayes , before i made use of the mill'd-lead , and was then satisfied that the whole was cheaper to me , and would prove better than if i had laid it with cast-lead of the size the plumber proposed , and i continue of the same mind still ; all which i thought fit to say upon this occasion , and leave it to you to make use thereof as you please , and am aug. . sir , your humble servant , hugh chamberlain . mr. hoy's letter about mr. fox's lead-covering . mr. hale , according to your desire i waited upon my friend mr. fox , and acquainted him that the plumbers in a memorial by them presented to the navy-board , had alleadged that several houses ( amongst which his house in surry-street was mentioned to be one ) formerly covered with mill'd-lead , had been since strip'd and covered with cast-lead ; and desiring to know the truth of it , he did assure me that their allegation was absolutely false ▪ for that the mill'd-lead formerly laid on by you , still remains there not stirred , which he would have shewn me , but was then a little indisposed , being but newly return'd from tunbridge ; and the access to it being by an engine , which would have required his company , i was unwilling to trouble him , but will wait upon him again whenever you desire : sept. . . sir , your servant , clement hoy. mr. letchmere's letter . mr. hale , you shewed me a paper which the plumbers gave in to the navy-board , wherein they much complain of the defects of the mill'd-lead ( boasting of the excellency and durableness of their cast-lead ) and say , that where the mill'd-lead has lain a few years , it hath so crack'd , flaw'd , and rose in ridges , that after the owners have been at great charge in the daily patching and mending of it , they have at last been forced to take it up , and lay cast-lead in its room : but i doubt these plumbers mistake the one for the other , for i know very well their cast-lead had all these ill qualities they complain of ; for upon a house of mine , where mr. clark now lives , next door to the bell in fryday-street , which was covered with cast-lead at the first building after the fire : i do averr that after such rising and cockling , and its being patch'd almost all over , about eight years since the tenant was forc'd to strip it , and new lay it ; and i well remember i allowed l. towards the charge , and i fear in a few years it will be in as bad a condition as ever , for it is already patch'd in divers places ; and had i had the good fortune to have known time enough of your mill'd-lead , i am very well satisfied from my own observation of such places where i have since known it laid , and the reason of the thing it self , and the charge thereof ( a man paying for no superfluous lead , as in the other you do ) that i might have saved money , and have had a far better and more durable covering on my house than now i have . sir , i am so well satisfied of the excellency of your mill'd-lead , and of the greatness of its worth for all uses beyond cast ( which is notwithstanding all the care that can be used in the casting of it full of great unevenness and other defects ) that i could say much more than i have on this subject , but i always thought it a very impertinent thing to spend too much time in arguing against transubstantiation , it being maintained by the impudence of a party that resolve they will not be convinc'd , and i take the only reason why the plumbers oppose your mill'd-lead to be this , because their interest is concerned , and i think they are as much in the right in so doing as those persons are in the wrong , that make use of their cast-lead when the other may be had . aug. . sir , your humble servant , tho. lechmere . mr. lightfoot , the lady portland's steward's certificate . whereas mr. hale did this day shew me a paper from the company of plumbers , directed to the honourable commissioners of the navy , wheriin they had preferred cast-lead far before mill'd-lead , and withall had there inserted several persons of quality and others , among whom was my lady , the countess of portland's name , that her house had formerly been covered with mill'd-lead , and since with cast-lead : now these are to certifie , that my lady , the countess of portland's house neither was nor is covered with mill'd-lead , but upon altering the form of the building , and making some additions thereto about eleven years since , she covered the back part with cast-lead , which still remains , but not without yearly repairing , of late occasioned by cockling and rising of the lead into a ridge , which afterwards cracks , and so are obliged to patch it with soldar , as in several places we have since 't was laid on . as witness my hand this th . day of august . . robert lightfoot . mr. martin's letter . you told me that some plumber had lately informed the navy-board that the mill'd-lead covering upon a house of mine in rood-lane was very much cockled and crack'd , and that they had taken off some part of it , and laid cast-lead in its room ; of the truth of which , you desiring a line or two from me in writing : i do assure you 't is no such thing , for the same mill'd-lead sheets , near foot long , that was first laid on about eleven years agoe , lyes very well still , without any ground or cause for such complaint ; and i am so well satisfied with it , that if i had the like , or any other occasion for sheet-lead , i should preferr the use of your mill'd-lead much before that which is only cast. josh. martin . sept. . . as to the plumbers skill and conscience they pretend about their solder , notwithstanding their hard words and hard mettal they usually talk of therein to make it a mystery ; all that are any wise conversant in mettals know , that their solder is only a composition of lead and tyn in such proportions that the same never stands them in above four-pence-half-penny a pound , and therefore well may be afforded at their highest essay for six pence , so that the mill'd-lead company are under no temptation of making it courser than they ; which however would be no damage to the customer , but an injury to themselves that work it , a due proportion of tin being only necessary to make their solder work and run the better before their iron . the mill'd-lead company after their new proposal to the navy-board , presented also the memorial following , to shew the preference of their mill'd-lead for scuppers , &c. to the right honourable , the principal officers and commissioners of their majesties navy . memorial , humbly offered by the mill'd-lead company , proving that their mill'd-lead scuppers are better than cast-lead , and at least per cent. cheaper . this company having in ianuary , . made a proposal to this board to make their scuppers of mill'd-lead , one mr. parsons a plumber they then usually employed , opposed it ; pretending , that altho their lead was not exactly equal , yet the inequality was so inconsiderable , that mill'd-lead scuppers being then ● ▪ in a hundred more than theirs , they would be much dearer to the king ; whereupon the board was pleased to appoint a time for hearing both sides ; when the plumber to make his pretences good , undertook his scuppers should not be above half a pound in ten heavier than the size the board should order ; they thereupon , ian. . ordered each to make scuppers of three several sizes and thicknesses , viz. l. l. and l. to the foot square ; both sides soon after sent in their scuppers to deptford , where being received into the stores and weighed , the mill'd-lead scuppers appeared to be conformable to the order , and to weigh but c. q. l. whereas the cast-lead scuppers weighed c. q. l. above one third more ; which appearing so gross a difference from what the plumber undertook , and he pretending excuses and servants carelesness : the board indulged him another tryal upon scuppers , when he took to his assistance one mr. whitehall , another plumber that usually also made scuppers for the navy , and it cannot be imagined but that these plumbers now used all their skill and care , which notwithstanding all , though in many places they appeared to be thinner than the milled-lead of the sizes given , the weight of the whole came to c. q. l. whereof parsons made , weighing c. q. l. and whitehall , weighing c. q. l. whereas the mill'd-lead scuppers weighed but c. q. l. about the same proportion the former were , which at the then prizes of s. for the cast , and s. per hund . for the mill'd-lead scuppers , was per cent. loss to the king ; after which the company made many more ; however demands have been discontinued since . this being a matter of fact , the truth of which may appear from the store-keepers books at deptford , this company hopes when you shall thus be put in mind of the great and certain loss their majesties have and must sustain in this particular , demonstrated by tryals that have been so fairly and fully made , your honours will make no great difficulty of restoring this part of their work at least to their service . may . . all which they humbly lay before this honourable board , for their consideration upon the new contract proposed . after all ( and upon the surveyors producing to the board a piece of lead indifferently cut out of a cast-sheet of l. in the foot square , one with another , in deptford-yard , which they owned to be not above in some places ) they thought fit in septemb. . to contract with the company to supply their majesties yards with their mill'd sheet-lead , of all sizes , of thickness and thinness , at rates agreed ; but as to the scuppers , they were pleased to suspend any contract for them , 'till they should upon a further tryal ( shortly to be made ) be satisfied that they also were better for their majesties service than scuppers made of cast-lead , saying they had had no account of the success of the former tryals . a treatise of naval philosophy . in three parts . i. a phisico-mathematical discourse of ships and sailing . ii. of naval policy . iii. of naval oeconomy or husbandry . the first part , contains the several sorts and closes of experiments under-mentioned , viz. . the specifical weight of water , and timber , and irons , as also the several materials whereof shipping is composed . . the absolute and comparative strength of wood , metals , and ropes , in their several dimensions , figures and quantities , and how much the strength of the same is diminished by notches , holes , and other excavations , or increased by the texture and grain of the said materials . . the motions , strength , and matter of the wind. . the motion , strength , course , and figure of waters , upon the surface thereof in rivers , tide-ways , currants , and edies ; as also in the ocean , whether the same be spontaneous , or by agitation of the wind. . of the tractive and pulsive forces upon swimming bodies , in respect of strength , time , proportional increase of swiftness , lines of direction , superficies of ressistance , magnitude of the movent bodies , and impression of force in various angles of incidence and reflection . . several hydrostatical experiments relating to pumps , and leakage , according to several parts of the ship , and depth under water , wherein the same may happen . . experiment of spinning , twisting and wearing , with reference to sail-cloath , cables , and all other sorts of cordage . . experiments upon pitch , tarr , rosin , oyl , brimstone , tallow , ocum-leather , &c. relating to the sheathing , caulking , and preserving of vessels , and their appurtenances from the injuries of water , weather , worms and weeds , and of their weight , extention , duration , &c. . of the choice seasoning and preparing of timber and plank , knees , and trenails , as also of iron , hemp , and other materials used in shipping . . of the particular power of oars , wheels , poles , draught of men , and horses , with reference to their actions upon vessels , and of reducing them all to one and the same calculation and principal . . of founding and measuring the depth of water , and of discovering the nature of ground as to the hold-fast of anchors , wear and tear of ground-tackle , with what else belongs to the artificial moving and riding of ships upon all occasions . . magnetical , hoxometrical , and optical instruments and experiments . . nautical geography and astronomy . . nautical staticks , and mechanicks , relating to pullies and crows , handspecks , screws , hances , kildwedges , nippets , capsterns , windlesses , slings , &c. in order to the landing , masting , leading , careening , and weighing up of a ship. . of gun-powder , the several sorts of metals for guns and shot ; their several figures and proportions , in order to the several effects of penetration , battering and direct shooting . . of several observations upon loading of a ship with lead , wood , cotton , liquor in cask , corn , salt , frail and timber : and the accidents which usually fall out in each of the said sorts of loading , with reference to the safety and well sailing of a vessel . the said first part containing also the definition and division of a ship in its several parts , together with a selection and description of the principal things and notions which are to be considered in framing and fitting of a ship for the several uses unto which the same is designed , in manner following . . a ship is understood to be all from the keel to the vane , and from the extremity of the boulsprit to the lanthorn . . the said ship is divided into hull , sails , and her burthen . . the hull is considered but as one piece of timber , and carved out of one logg , and is divided into what is under the upper deck , out of which all waters is to be excluded . and what is above the same , as cabins , round-house , cuddie , fore-castle , coaches , &c. which may be rather esteemed as part of the burthen of a ship , than essential part of the same . . the hull under the said upper deck is divided into the cavity or hold , whether the same shall be subdivided by other decks and bulk-heads or not , as also into the shell of the said cavity : and thereby into the additaments affixed to the outside of the said shell . such are the false stemm , gripe , keel , stern-post , and dead-rising up the tuck , excluding the rudder . . upon the shell of the ship , or rather of the said cavity , there are to be considered the several lines under-mentioned , to be drawn parrallel to the keel , ( viz. ) . the line unto which the hull of the ship sinks upon her launching . . the line unto which the whole ship sinks when she is rigged , balasted , and fitted for the best advantage of sailing , and mann'd with a sufficient complement for that purpose , victualled with three months victuals , and furnisht with defensive arms. . the line unto which she sinks loaden as a merchant man. . the line unto which she stoops upon a wind of either side . . the line of horizontal-section where the gun deck , and all other decks and orlop ought to be placed , and the lines to which the ports between each deck ought to be made . in the next place is to be considered the three perpendicular length-way sections following , viz. . the section of splitting the whole ship , cabbin , and all other superstructures included between the plank-sheering , and the keels , the upper line of which section is called the sheer of the ship. . upon the general and most comprehensive section i propound , that all the horizontal lines before mentioned may be mark'd together with the bottom line of the interval cavity or hold before mentioned . lastly , let there be a transverse section of the hull at the main bend , within which let two other parallel sections be described arising from each extremity of the keel . next to the several lines and sections before mentioned , it will be necessary to take notice of the center of gravity and magnitude , as well of the whole ship comprehended between the keel and the vane , as of the several parts thereof , viz. the centers of gravity and magnitude of that part which is under the water ; as also of that which is above the water in the air and wind. . the same also to be observed when the ship swims upon an uneven and unlevel keel drooping forwards , or sending aft . . consideration is to be had of that line which by a spindle passing and fixed into the ground , the ship lying cross a current when no wind at all is stirring , would be in equilibrio ; also the like line passing through the supernatant part of the ship would also be in equilibrio , its broad side lying to the wind in dead water . in the next place there ought to be considered the proportion between the way of the ship cut off at its greatest transverse section , and the way of the same shaped from the same section forward in the usual manner , or to his best advantage . . the proportion between the resistance , between the perpendicular length-way section , and outside of the hull shaped as is usual . . between the horizontal section at the water line , and the bottom of a ship in its usual shape . chap. ii. being thus furnished with the sixteen sorts of experiments above mentioned , and with the clear and definite understanding of the several parts of the ship , and of all the several sections , lines , centers , and proportions of resistance above mentioned : we then proceed upon the third branch of the first general part as followeth . ( viz. ) suppose we have before us a piece of timber , of equal substance , of an indefinite length , and square at both ends , we are now to consider by what process to carve out of the same the hull of a ship , which work will contain the several considerations following . ( . ) of what length to cut the said timber , which at first we will suppose to be the length of four sides of the square , intending hereafter to debate whether the same ought at all to be longer or shorter , and in what cases . ( . ) suppose the said square be divided into twelve parts , and that seven of them shall be under water when the ship is loaden . ( . ) dividing the length line into twelve parts , and at three of them let the two sides converge into an angle , whose sides let be portions of circles unto which the remaining strait part may be a contingent line , which angle is the first means of facilitating the ships way through the water . ( . ) at four parts let the bottom superficies converge into an angle , with the horizontal section above mentioned , viz. at the ships greatest draught of water . ( . ) at the said section let the sides downwards converge into an angle , consisting also of circular lines . this last angle is made for the ships ease of falling into the sea , as the two first were for its easier passing through it . in the next place we must provide for the coming of water to the rudder , which is to be performed by two other angulations , viz. from fifteen parts aft , let the sides of the ship converge into an angle from the horizontal saction downwards , where the ship draweth least water at her launching , which will be the height of the tuck , let the bottom superficies be bent in a circular line . and thus we have in gross set down the five incurvations of the bottom and sides of our logg , and how the butt-ends thereof have been as it were abolished forward on for the easie passage of the vessel through the water , and aft for the quick and effectual pulse of the water upon the rudder . in the next place we come to the like shaping of the remaining part of the logg , which we intend shall swim above the water , which is performed as followeth . let it be supposed that the ship upon a wind , is to stoop upon a certain angle , let the supernatant sides of a ship so much tumble ( as they call it ) as that the said sides may remain perpendicular when the ship stoops , which being done quite round the upper surface , the remainder will be the shape and section of the upper deck . memorandum , that all the forementioned incurvations are to be trimmed and repaired by reconciled lines . in the next place we come to ●ollowing or excavating of our logg , which suppose ( beginning at the middle ) we do ( leaving equal thickness ) every where until the logg become so light that it swims at the line representing the launching line , and consequently we have now acquired the model of a ship as it appeareth in her launching , except the cabbins and what is usually superstructed ●pon the upper deck . in the next place we are to consider how far ballast and weight of rigging , &c. will sink the said ship : and secondly , how much deep the weight that must be added to fit out a man of war will depress her , for till then we cannot rationally determine the place of the gun-deck , wherefore the next enquiry must be , what extent of sail our vessel must carry , and consequently the length of the masts and yards , and then of their thickness and weight ; and from thence the size of the rigging , and from thence the wind-loft , and from thence the cables and anohors , and from thence all the capsterns and windless boats , bitts , catheads and davits . in the next place we are to consider the quality , quantity and weight of our ballast , so as the ship may stoop but according to our intention , and according to the strength of our masts and shrowds . having thus found out our second water-line , which i call the sailing-line , as the first was called the launching-line : now we come to the third which is the line of war. and this is to be discovered by computing the weight first of the ordnance , which suppose to be in a man of war , one th . part of what is between the sailing-line , and the line of burthen , or fourth line . secondly , the weight of men with three months victuals ; in order thereunto we must determine the number of men for sailing from the spread of canvas , and the number of men for fighting from the amplitude of the deck , and weight of the ordnance . having found out the said line , and considered the distance of trunnions of the guns from the gun-deck , and the distance of the muzzels of the guns levelled from the surface of the water , we come at length to determine the place of the gun-deck , and consequently of the other deck . memorandum , that the superstructions upon the upper deck are not only for the accommodation of men , but also fortifications of the ship ; forasmuch as the guns in the fore-castle and steerage clear the deck , as those of the round house do the quarter deck . having found the dimensions of the masts , we next come to the place of them , viz. by what points of the gun-deck they must pass , and here we must consider the reasons of their raking ast , as also of the steeving of the boulsprit , and withal the reasons of placing the top-mast before or behind the main-mast , and of dividing each mast into three parts , and the proportion of the round tops , main stays , the place and fitting of the shrowd so as to make way for the gibbing of the yards , and setting of the shrowds loose or tort as the condition of sailing of the vessel requires . chap. iii. . the reason of ships going against the wind , and in what proportion she maketh way between her being right afore the wind , and lying within five points of the wind . . the whole doctrine of steering and rudders . . the whole doctrine of mooring and anchors . . of the lee-boards , their use , dimension and place . . what sails , masts , yards , and rigging is fittest for every size and sorts of vessels , according to the seas and service whereunto it is to be applyed . . of the shape , cutting , sowing , and setting in of sails into the headropes and boltropes ; of the several substance and thickness of sails , and of the effect and welling them , easing of shrowds , looseness of masts , and upper masts . . of the effects of true trim , shutting up the ports , general quietness , firing of stern-pieces , and the best course upon a chase. . how top-sails , stooping , weather , or leeward helm ; as also how the keel , gripe , and mizen sail , may be fitted to promote or hinder the sailing upon occasion . . what makes a ship roll and laboursome in the sea ; what makes her wear and stay well ; and what makes her ride hard or easie at an anchor : what makes her pitch and scend too much : what makes her fall easie or hard into the sea ; what makes her leeward or keep a good wind. . of the just proportion of sails with more or less , that which will make the ship go worse ; of equations between the spread of sails , and the velocity of the wind : of the utmost velocity of a ship with wind and tide : of the proportion of the counter-resistance of winds or tides ; why some ships sail better with much , and some with less proportionably . . how to compute the impediment which foulness and weeds do make in a ships way , and in what proportion smoothness , sope and tallow doth quicken it . . how a ship is to be fitted with decks , to beat it up to windward in foul weather , why the fore-sail must be less than the main-sail . chap. iv. we have hitherto supposed the ship to be exactly shaped inside and outside of one simple logg of wood , which being impossible to do otherwise in speculation , it is necessary to come at length to the practical part of ship-carpentry , which is the art of imitating the moddel afore-mentioned , and of composing a ship , not out of one but several thousand pieces of wood and iron : wherefore this chapter shall comprehend as followeth . . the history of the practice of the best shipwrights in england , holland , and portugal , in their building ships as aforesaid . . supposing that a ship commonly reckoned tun , be a fit size to sail in round the world : and that the just strength of every part of the same were certainly known and determined , 't is desired to know of what size and scantling each correspondent timber must be of , to make a greater or lesser vessel of equal strength , and to compute the difference of strength between greater and smaller vessels of the common built . . how to make practical equations between the strength of timber and irons , and between trenailes and bolts , &c. . out of what data arises the knowledge of the strength of knees , bolts and nails . . that vast ships of tuns , do require a different way of carpentry of masts and yards than what is used , and particularly in no case a mast above inches through and above ¾ the present length , is requisite . chap. v. . what alterations in shipping , the use of the compass and guns have produced , and consequently how to conjecture what was the shipping of the ancients in these countreys . . how the difference of the materials for building , the difference of trades and commodities , and the differences of defensive and offensive warfare , doth occasion differences of shipping in the several parts of the present world. . the history of the improvement of shipping , sailing upon a wind , and advance of the shipping trade for the last twenty years , by the portugals , genoveses , english , netherlands , and the inhabitants of baltick . . a description of several attempts which have been made the●e last twenty years for the improvement of shipping , with the respective success and sailers of each . the second part , being of naval policy . chap. i. that the king of england , being not only by right and custom soveraign of the narrow seas , but having also the best means and most concernment to be more considerable at sea , than any other prince or state ; it is therefore his interest to know and discover as followeth . . how many tunn of shipping there be in the whole comercial world , from to tunns , as are able to cross the seas , and how many ships there be of each century of times , with the said centuries . . how many ordnance belong to them , and of what weight . . how many seamen there are in all , and particularly of such as have served three years at sea. . to have lists of all the ships and seamen belonging to any ports or places within his own dominions ; and a ready method to know where they are at all times , at home , or at sea. . what harbours and ports there are in the whole commercial world ; unto which shipping does belong , and what ships they are able to receive , what are the special advantages and inconveniences of each . . what is the wages and rate of victuals for seamen in each state . . to have intelligence of all privateers , pickeroons , and pirates which are abroad at all times , and in a forwardness to go forth . from hence only his majesty can know how to proportion his navy , ( that is to say ) his navy cannot or need not consist of more tunns of shipping than are seamen of his subjects , and one quarter more ; i say , greater it cannot well be , and it need not be much bigger than of so many tunns of shipping ; than any two of his neighbour states have man to man with preservation of their trade : and the intelligence last mentioned determins the number and sorts of ships which are to be always in readiness . moreover , the kings navy must be of ships above tunns , but need not have half so many lesser as will suffice in time of exigence , for such may be hired from merchants . chap. ii. . of the advantages scituate upon the sea and navigable water . . of the benefit of a shipping trade in general . . of the fishing trade , and how far the subjects of the king of england are able to mannage it , and what have hitherto been the impediments thereof . . whether it were for the benefit of the common-wealth , that coals were found near london : and that good tobacco and sugars would grow in england , for as much as a parcel of proper fitting ground of twelve mile square , would bear as much of these commodities as do now come from america . . of what benefit to the world is the discovery of new countries , new passages , new mines of gold , of silver , and of the longitude it self . . what increase of trade doth really signifie and import . . the effect of depending upon forraign countries for hemps , tarr , masts , rozin , and sail-cloath . . of the whole expence of a fleet , how much of that from forraign countries , and how much is the domesticks in value . . the same english men who now work upon exported commodities , as woollen manufactures , lead , tinn , &c. did go to sea in men of war. quer. whether they would not take as much commodities by way of prize , as they now receive in exchange for their said exportations . . of the decay of timber in england , scotland , and ireland , with the causes and consequences , and remedies thereof . chap. iii. . whether landmen and not seamen bred , be fitter to command at sea. . of all the men in a fleet of war , how many ought to be perfect seamen , how many of five lower degrees , and how many may be landmen . . how , in what time land soldiers , and other tradesmen of labour may be made auxiliary seamen , and how many such may be requisite in cases ordinary and extraordinary , and how the said men may be encouraged and employed at land to the publick benefit . . of allowing encouragement to impotent seamen , with the number of them , and how to assist such seamen as are low of employment . of naval oeconomy or husbandry . the third part . having determined the number of the tuns of shipping of which the whole navy is to consist , and how many ships in number they ought to be ; as also how many of each size and rate , and in what and how ma●● harbou● they are to be kept , so as to be ready to put to sea upon any occasion : it remains to set forth how the same may be done wtth the least charge , and with the least expence of forreign commodities , to which purpose the following particulars are to be considered . . forasmuch as a ship doth commonly reign about thirty years , it follows , that the th . part of tunns 〈◊〉 shipping , of which the whole navy consists , must be 〈◊〉 built every year , the which may probably cost l. 〈◊〉 ann. with gunners , boatswains , and carpenters stores . . the charge of the english navy in ordinary has by experience amounted to s. per tunn , per annum . . for charge of maintaining a man of warr at sea , compleatly fitted , victualled , and manned , with the expence , wear , and tear of all manner of stores , doth amount to l. per ann. . there are estimates by which money must be provided for the use of the navy , but by good husbandry the charge may be defrayed at a more easie rate ; wherefore we shall in the next place describe historically the present way of managing his majesties navy in england , and afterwards make some animadversions upon each of the three great branches of that expence , which is wages , victuals , and stores , subdividing each of them again into several other branches as the nature of the thing and custom requires . finis . notes, typically marginal, from the original text notes for div a -e * crook ▪ . james and haywards case . coke th . report . . penruddock's case ; and th . report . . bettons case , cum-multis aliis . notes for div a -e octob. . . this is a mistake , for she was neglected to be sheathed with 〈◊〉 , thô order'd . navy office . dec. . vide answ. pag. . obs. this sheathing had continued on eleven years . v. answ. pag. . v. answ. pag. . obs. this different decay cannot happen from the same cause , viz. the lead . sheathing . v. answ. pag. . but it seems not so as that any worm entred , against which sheathing is only intended . v. ans. p. v. answ. pag. . vid. answ. pag. . vid. answ. pag. . vide answ. pag. . stript . † all must be equally decayed , if the lead-sheathing were the cause . v. mr. medbury's letter . p. . notes for div a -e † per cent. was thought fit as encouragement enough to be mentioned , though mr. pepys who also penned this memorial with sir ant. dean and mr. hewer , found by their calculations the king had and might save by the use of this sheathing above per cent. besides the great benefit of securing the hulls of his ships against the worm , without hinderance to their sailing : their calculations the publisher hath in mr. hewer's hand-writing by him . mr. boyle . notes for div a -e mary . ly●● lyon. henrietta . mary . phoenix . march . / . dreadnought . iune . bristol . apr. . henrietta . phoenix . phoenix . the rudder not being sheathed high enough , no fault in the rudder irons nor lead-sheathing . kings-fisher , assistance . mary . plymouth . dreadnought . notes for div a -e r. catherine . fairfax . st. david . happy return . ● . prince . st. george notes for div a -e novem. . . notes for div a -e since the r●building of the city , and the first notice of mill'd lead , the plumbers to make their coverings seem cheaper , have generally cast much thinner than formerly , which hath produced these ill effects in so short a time , tho in more ancient coverings the same inequalities and defects proportionably may be seen . * the mill'd-lead-shop is since removed to the mill'd-lead-sign in orange-street by red-lyon-square , near holborn , where mr. hale himself also now lives . * no such house to be found . master strovvd his speech in parliament on tuesday the third of january in reply to the articles of high treason against himselfe, the lord kimbolton, master pym, sir arthur haselrigg, master hambden and master hollis exhibited by his majestie wherein he cleareth himselfe concerning the same, . speech in parliament on tuesday the third of january, in reply to the articles of high treason against himselfe strode, william, or - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing s ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing s estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; :e , no ) master strovvd his speech in parliament on tuesday the third of january in reply to the articles of high treason against himselfe, the lord kimbolton, master pym, sir arthur haselrigg, master hambden and master hollis exhibited by his majestie wherein he cleareth himselfe concerning the same, . speech in parliament on tuesday the third of january, in reply to the articles of high treason against himselfe strode, william, or - . [ ], p. printed for f. c. and t. b., london : . reproduction of original in thomason collection, british library. eng hampden, john, - , -- defendant. hesilrige, arthur, -- sir, d. , -- defendant. holles, denzil holles, -- baron, - , -- defendant. manchester, edward montagu, -- earl of, - , -- defendant. pym, john, - , -- defendant. trials (treason) -- england -- th century. great britain -- politics and government -- - -- sources. a r (wing s ). civilwar no master strovvd his speech in parliament, on tuesday the third of january, in reply to the articles of high treason against himselfe, the lor strode, william d the rate of defects per , words puts this text in the d category of texts with between and defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - john latta sampled and proofread - john latta text and markup reviewed and edited - pfs batch review (qc) and xml conversion master strovvd his speech in parliament , on tuesday the third of ianuary , in reply to the articles of high treason against himselfe , the lord kimbolton , master pym , sir arthur haselrigg , master hambden , and master hollis , exhibited by his majestie , wherein he cleareth himselfe concerning the same . . london , printd for pc and , tb . master strowd his speech in parliament on tuesday the third of ianuary . master speaker . it is the saying of the wise man even of a king , solomon the wisest of all kings that ever raigned in this earth , that in the countenance of the king is life and death , like to the sonne which by the sending forth of his glorious beames upon the fruits of the earth nourisheth , and causeth the same to fructifie and grow , gives vigor and strength to all the creatures that lives in and upon the same , and by withdrawing his light being over shaddowed with clouds keepes back the growing and flourishing of the creature , yea and by continuance in that his hidden motion procureth at last the utter withering and perishing thereof . his gracious majesty , who is our sonne and comforter at such time as his glorious beames of grace and favour reflect upon hi good subjects , they increase & grow intire & tender affection towards his majesty , that no distempers or troubles whatsoever can separate betweene him and them . but this our sonne being over-shadowed with clouds , and mists of discontent and disfavour towards his people , causeth them to wander in obscurity and darknesse , even ready to faint and dispaire of any designe they take in hand , for the safety and security of his majesty and his kingdomes , yea and strikes them as it were with death and utter distruction . master speaker . i perswade my selfe our gracious soveraigne in his owne naturall disposition , is altogether bright and comfortable , and that never causeth or retracts to himselfe any discontent towards his loving subjects , but by suggestion information , and instigation , of malignant and disaffected spirrits , both to the tranquillity and peace of his majesty and the whole state of this kingdome . it is master speaker the onely pollicy of desparate and evill minded persons , that have beene the onely troublers of our israell finding themselves in danger ( by calling of them to an accompt for their misdeeds and misdemeanours ) to be brought to punishment for the same , to cast aspersions upon those faithfull councellours of the king and state , which strive to prevent their malicious and wicked designes , to overthrow and destroy the same . it cannot sir enter into my thoughts that ever his maiest●e of him selfe could haue gone about to interrupt and hinder , the happie proseedings of th●s his greate and wise counsells whose endeaveours are altogether to maintaine the honour and , dignitie , the peace and saftie of his royall maiestie and his kingdomes , by removeing such impediments and hinderances as have hitherto letted the same and the establishing of true religion in this church congruent to the doctrine of christ and his apostles sett downe and manifested in sacred writt , by accuseing and impeaching the members thereof of high treason as if they whose hearts are united to their lawfull soveraigne , and by nature bound to the defence and securitie of their contrie by covenant with god tyed to the maintenance of his true religion should be the betrayers and destroyers of all together . these articles master speaker exhibited against my selfe and the other gentelmen are i conceive not really intended against vs as if we were actually guiltie of the same but onely to procure our absence from this honourable house that wee may not haue our free votes in the triall of the . bishops accused by whom i verily beleiue were these artickles drawne and onely by their aduice and such as favour their cause were exhibited and i perswade my selfe , may we be apprehended and taken from this house upon the same our tryall , will be by force immediatly , to cutt us of although his majestie no other-wise conceives and is really minded we should legally be proceeded against , of such powerfullnes , are those persons that were the authors of them . master speaker the articles if actually guiltie of are many of them , i confesse ●igh treason as to endeavour to subuert the fundamentall lawes to introduce an arbitrary forme of government to the state actually to levi warr against the king to procure forraigne aide to inuade this land and the like is treason i need not speake much to cleare my selfe of these crimes i hope this honourable house will make such a favorable construction of all my actions since i have had the honour to sitt in the same , that it will be manifest to all the world that they have been far with out the compasse of treason either against my king or country . and master speaker if it shall be conceived by this honourable assembly , as learnedly it hath already been delivered by that w●●thy gentleman that last spake , that as members of a parliament , to agree with the same in all their votes , for the punishment of delinquents , setling of religion , securing of their owne persons by a guard desiring assistance of our brethren in scotland , to suppresse the rebellion in ireland be treason , then i thinke we are all guilty of these articles , otherwise are wee cle●re and innocent of the same . master speaker , i humbly desire of this honourable house , that i may have a speedy tryall upon the same , that as i shall bee found guilty by the iudgement of this high court , i may know my sentence , which i shall willingly submit unto ; be it to my condemnation , or preservation , wishing and praying with all my heart , that none of these evill and malicious designes in agitation against the parliament , by any malignant persons whatsoever may take effect to hinder the blessed proceedings thereof , but that you may goe one with courage and cheerfulnes , to settle all things aright , both in church and state , for the government thereof in perpetuall peace & tranquillity . finis . an ansvver of a letter from an agitator in the city to an agitator in the army agitator in the city. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing a ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing a estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) an ansvver of a letter from an agitator in the city to an agitator in the army agitator in the city. p. [s.n.], london : . an attack on various members of the parliamentary party. reproduction of original in huntington library. eng great britain -- politics and government -- - . a r (wing a ). civilwar no an ansvver of a letter, from an agitator in the city, to an agitator in the army. agitator in the city c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion an ansvver of a letter , from an agitator in the city , to an agitator in the army . london , printed . an ansvver of a letter , from an agitator in the city , to an agitator in the army . in answer to yours of the , instant . our friends in the common-councell are brave and especially our best ingineers , the two aldermen , the one for logicke and solid reason , the other for sweete rhetoricke excels all the city , and gaines many a flegmatick common-councell man to his party . vpon mr. allines and colonell v●ns message from the house of commons ( which they performed with great vigour and hight of spirit ) the common councell began to sink and were at a lowe eb : and i could have wished our friends had forborne to send the second time those weake aldermen , as pennington who is rather peevish then sprightfull , ( besides the house remitting the l . his kinsman the great delinquents iohn pennington lest in his hands which he concealed , and so became a delinquent himselfe ) he was by the ordinance to pay it double : and the house gave him over and above l . this was so partiall and gross : , that our very friends cry shame of it : and it is a great scandall to our party : for alderman atkins , he is ridiculous and the scorn and by word , and cliped alderman . we have discovered that the apprentices have their severall agitators , so have the saylors , watermen , carmen , porters , butchers : and the ringleaders of all these are the reformadoes . i could here wish our friends in the army had not so often insisted to the parliament to have them put out of london by ordinance : for some of them said openly , the army are affraid of us , therefore we will continue in the city : besides for our obedience to the parliament , and relinquishing the rebellious mutineers , we are called desertors of the army , and are voted to be disbanded ; and one day ( say they ) the house was ready to vote down sir thoma's commission and declaration , and the rest of those officers traitors which summoned the city : and afterwards the case was altered , and the same traytors accused the members . the reformadoes laugh at our charge against the . members , for ( say they ) it is against law for an army to accuse any man , because they cannot make reparation in case their accusation prove false . but we have intelligence that the reformadoes and some others will bring in a charge against . lords , and comminers : and that they wil not proceed in generals , but in particulars , and the prosecutors intend to proceed legally and set their names to the charge ; some they will accuse of high treason , others of high crimes : and the least crimes are that they have given the publike treasure to themselves being feoffees in trust for the publike , contrary to the fundamentall lawes of the realme : whereby the souldery is unpaid , and the publike faith unsatisfied , contrary to their severall declarations and ordinances ; and no doubt but this will pay all the arrears of the commanders and souldiers about the towne . they resolve never to leave the houses , till some be sequestred as soone as prooffe is made : and they are for purging the house as well as we , and will put out many ( as they brag ) by the same votes they will make it serve as a trap to catch our own party . i confesse i like not their oth ex officio ▪ for it is against our principles the liberty of the subject . they are resolved to inforce the house to revoake sir thoma's commission , and to send immediately for the king ( otherwise we suspect from some extraordinary intelligencer we have ) that they will get some of our best friends of both houses into the tower of london , and to guard it with reformadoes , apprentices , seamen , watermen , porters , &c. and for certaine they are all linck'd together by a damnable covenant . they say wee are all for our selves , and to that end keep up an army to inslave the kingdome , and have forced both houses the l . a moneth , which was intended for ireland , and converted to their own use , and will make the king as duke of venice , and and make . of themselves grandies and conservators of the peace . i am sorry our friends have issued their designes so fast , and they scorne at our colonells , and say all the army can make is not l . land per annum . and that each regiment , will be worth l . per annum . as pride the dray-man , huson the poore shomaker , okey the brewers clark , whaley not worth a groat before these times . harrison , an atturnies boy the other day , rich a coward , fleetwood a coward , l. g. hamond a notorious coward . these are great scandals , and i pray get them amended . they say also that colonell tho. hammond , rainsburough lilburn , sir hardres waller , were poore , and turned jndependents and anabaptists to please crumwell ; ireton they say was a parsons son , that he is proud , wilfull , and revengfull . for our atlas , brave crum . they say he was a brewers son at ely , and called the town bull , and he is much talked of for colo. lamberts wife : i would our freind lilburn would leave his scurrility and personating , it becomes not our profession which is sanctity and gravity , and his freedome of writing , causes all these aspertions . and now the presbiterians are vext , they spit and skratch like somany gib cats . we heare there are divers lawyers of their counsell , and that the presbiterian citizens makes a generall purse to carry on the forenamed charge with gravity . they intend to fall foule one my lord say for the losse at oxford , and leaving the plate there , and sending mony to the king , and correspondency at oxford with cottington and some others . they will revive the businesse of the losse of bristow and banbury by nathaniel and john fines . in a word , either they will force the parliament to rise confusedly , then where are we ? or it they adjourne , they are but a committee that can conclude nothing . we heare the soliceter , our wise l. g. crumwell , jreton , and young sr. henry vaine , eveling of wilts , and lords are for joyning with the king . and some great ones of the kings party have undertaken it ; but we fear the queen , the french embassador , and the scots . and wee have intelligence some citizens meet often with them , and that they promise if they will make good london , they have an army of foote . horses , and dragones which are ready , and that montrosse , kilketto , the stewards , the gurdons , and all the kings party will rise as one man , and will bee content ( so they be pardoned for what is past , which is granted ) that they will take and fight for the endes of the covenant especially to establish the king on his throne , according to the apprentices petition . wee find the kings party generally falls from us , because ( say they ) you do nothing for the king but carry him up and down like a vagabond farther from us , and they suspect you will imprison him in pomfret castle : you must do some popular thing speedily , offer the king his own conditions , i meane such as are for safety . we heare the agitators grow peremtory , and clash with the counsell of war . that they are all for parity and a republick , and that they give out the counsell of war is above them . take heed you intertain not too many souldiers from london , nor of the kings party , for they will deceave you : and beware of that beggerly scot , master walter steward , and my lord oradiell carnewayh , they will sell you at the last to those which will bid most , and if the scots comes , they will bee as so many spies upon you . the scotts are very iocuand , and t is thought ( by some who have good intelligence ) that the king hath signed a declaration under hand , wherein he declares himselfe a prisoner , and that his parliament is in the like condition : that the army is the gaoler , that he will declare the first opportunity that is offered , for a free parliament . in a word we are in a straight : for at present i was certainly informed that the presbyterian faction will secure the principall members of both houses and of our best friends in the tower , and there they shall remaine as hostiges untill the king be at safety at his house at white-hall , and that sir thomas fairfax commission shall be voted downe , and if he doe not obey , that a declaration be set forth to the kingdome , to proclaime him and his officers which shall not obey traytors : and that the severall counties give no free quarter , nor pay no taxes . and that they resolve to pay the common souldiers all there arreares both horse and foot , and ease the kingdom of all burdens , especially committees . that the five members of the army shall bee proclaimed traytors , and have articles drawne up by all against them . t is whispered the lawyers will make all those which connived at ioyoes plundering the king traitors . we heare that the city hath agitators in all the counties to associate with them , and that they send to all their friends , the leaders of the declaration : kent are much troubled their committee is going down , it will be a great blow to out party . you must be couragious and storme london presently , otherwise we are all undone : and threaten to plunder the rich , which will worke more upon them then reason . all my hope is they dare not defend their owne , nor run such a hassard : and in your declaration set forth , that all that are neutrall shall not be plundered , hope and feare are the predominent passions of the rich . what you doe you must doe speedily , and give out you are bringing the king to london : and counterfeit the kings hand to a declaration . dolus and vertus quis in hoste requiret , young sir henry vaine hath more tricks in his buget , i feare witty henry martin , and deep will . wallin soment this humour too much in the agitators : and there are many of our friends in parliament , some are more against ▪ the person of the king then monarchy , as old sir henry vaine , who hates the king , but loves tyranny with his soule : for he was ever of the spanish faction , so doth sir henry mildmay , sir arthur haselericke ( but hee is taken off , for hee shall bee governour to the prince of wales ) master gurdon , master denis bond , they have prayed publikely , that all the bloudshed in england and ireland may light upon the king and his posterity . master wever , master scot , mr. challiner , master miles corbet master renoldes , mr. cornelius holland , master john blackestone alderman hoyle , and sir william allansan , are all antimonanchicall , so is master westrow , sir gilbert pickering . sir henry hamon , and . more at the least , for this is our strongest party in number : though not for wisdome and power , for one of our richest and best friends , master william perpoint ( who hath carryed on the great designe , with as much secresie , industry and gravity as any of our party is for closing with the king : my advise is to joyn with the king only to save stakes , for he grows daily in the affection of the people , and there are pestilent books daily writ , especially in law points , which are not for our turne : if we prosper , we must reform the lawyers as well as the parliament or devines , for they grow sawcy , i feare you have too many of the kings party in the army , trust not to them , for they look through our designes , and incourages their party in london to joyne in the last petition : for your army drawing up neer london , i feare you have lost your time , for they are able to draw . men on the workes , and the reformadoes are grownd to an edge against you and will put you to intollerable duty , or else hazard the beating up of your quarters . if you get a repulse at london , you will sinke daily in your reputations , and the counties will rise upon you , if the city plyes you with sallyes ; besides look to your reare , for a friend tells me for certaine that the scottish commissioners , some leading citizens and the leaders of the reformadoes are ingaged in a secret oath . i heare sir william belfore and dolbeere are very active , and have shrewd pates and knowes the constitution of our army . they jeere and give out that all our commanders will preserve their sacred persons , especially crumwell and jreton , they are wise and fitter for direction , the brave hardy generall must fight himselfe as he did at naseby , and crumwell must direct , and look to the reare , and the last reserve . we want brave ressiter , i heare he is too much of the presbyterian faction . our religion is the best , and that cannot but make our cause good : but wee are much scandolised with covetousnesse , ambition and lying , but these are but the infirmities of perticular men , not of the godly party of the army . we are much murmured at by the people , that wee send not reliefe for ireland , being in such extremity : i wish well to ireland , but i love the welth of england better , we have been very neere to have all england in our possession . this base irreligious city hath been a rub in our way : but i hope they shall pay for it with interest : for i hope you will inrich the poore saints ( which is there proper inheritance ) with the treasure of vserors and cheating citizens . let mee heare at large and often from you , and twise a week you shall have an answer . farewell deare brother . you must prosper , for you have the prayers of the communion of saints . finis . newes from leicester being the copie of a letter sent from thence the of iune, to mr. vvilliam iones inhabitant in covent garden, wherein is declared how the earle of stamford being sent thither by the parliament to see the militia ordered ... met with another nobleman sent thither by his majesty for the same purpose ... another letter sent to mr. speaker from the commissioners in the county of essex concerning the militia. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing j a). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing j a estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : or : ) newes from leicester being the copie of a letter sent from thence the of iune, to mr. vvilliam iones inhabitant in covent garden, wherein is declared how the earle of stamford being sent thither by the parliament to see the militia ordered ... met with another nobleman sent thither by his majesty for the same purpose ... another letter sent to mr. speaker from the commissioners in the county of essex concerning the militia. jones, adam, th cent. barrington, thomas, sir. [ ] p. printed for i. horton, london : iune , . first letter signed: thomas barrington [and others]; second letter signed: adam iones. "june , . ordered to be forthwith published and printed. henry elsing, cler. parl. d. comm." imperfect: print show-through. this item appears at reel : as wing n a (number cancelled in nd ed.), and at reel : as wing j a. reproduction of original in the harvard university library. eng great britain -- history -- civil war, - . great britain -- politics and government -- - . a r (wing j a). civilwar no newes from leicester being the copie of a letter sent from thence the of iune, to mr. vvilliam iones inhabitant in covent garden, wherein [no entry] d the rate of defects per , words puts this text in the d category of texts with between and defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion newes from leicester . being the copie of a letter sent from thence the . of iune , to mr. vvilliam iones inhabitant in covent garden . wherein is declared how the earle of stamford being sent thither by the parliament to see the militia ordered , comming to the angell , at leicester , met with another nobleman sent thither by his majesty for the same purpose . likewise a true relation of a combate fought between the earle of stamford and the said nobleman , the . of june , . also the resolution of the gentry and commonalty of leicestershire , presented to the said earle of stamford by the major and aldermen of the said city . another letter sent to mr. speaker , from the commissioners in the county of essex concerning the militia . june . . ordered to be forthwith published and printed . henry elsing , cler. parl. d. com. london , printed for i. horton . iune . . a letter sent to mr ▪ speaker ▪ mr. speaker . having in obedience to the order of both houses attended the lord-lieutenant of the county of essex this day to brent-wood , for the putting of the ordinance of the militia of this county in execution ; his lordship hath directed us to give you an accompt of the service , so farre as it could be yet prosecuted , as hee hath himselfe done to the house of lords . there were five companies of the ordinary traine bond , this day drawne into the field , being about a th part of the trained bonds of this county , and all that were directed to meet at this place , their numbers were full , and their armes compleat , a supply being made by voluntiers of those armes that were carried forth of the county , upon the late expedition for scorland , and one of the said companies ( being under the charge ●f captain massam ) was doubled to the usuall proportion , a sixth company did appeare at this place , consisting of about voluntiers , under command of captain barrington , youngest son of sir thomas barrington , the declaration of both houses touching their indempnity , was read in the head of each company , and the captaines , officers and souldiers being required by the lord lievtenant ; to observe such further directions as in pursuance of the said ordinance should be hereafter given them in charge by his lordship , or us his deputy-lievtenants , for the service of his majesty , and the parliament , in defence of the kingdome , they did unanimously expresse resolution so to doe , and in the same cheerfully to spend their lives and fortunes . brent wood . of june , . thomas barrington william masham william hicks mart. loomley thomas cheek . henry mildmay . har. grimston . ric. everard . john barrington . another letter from leicester . brother , it is no● unknown unto you and all men what great care and labour the houses of parliament hath bestowed in ordering of the militia and putting the kingdome into a posture of defence . likewise 't is not unknown what plots and stratagems the malignant party have used to prevent their religious designes , leaving no way unattempted that might either conduce to the furtherance of their owne designes , or hindring the perfecting of the other , such hath beene their practized in all ages but at this time especially at court , wherewith their flattering and dissembling words , they worke more mischiefe betwixt king and parliament , then even their lives can make amends for . a true example i will give you of the same which happened lately at leicester . vpon the day of this present moneth the earle of stamford , arrived at leicester , being s●●t thither by the high court of parliament to dispose and order the militia , but comming to the angell where ●e intended to l●●e , there met him a lord sent from the kings majesty with commission under the br●●d seale for the same businesse , which noble man seeing the earle demanded the occasion of his comming thither , withall told him he heard he came to seduce the kings liege-people , withall charging him in his majesties name to depart , as for the militia he had authority from his majesty to order it , and he conceived that they were bound rather to obey him according to his majesties command , then the parliament , many other sharpe and uncivill words he gave the said earle , which so incenst him , he drew his sword and wisht him to depart or he would make that place too hot for him , the lord and his ser●nts 〈…〉 w , so did the other , betwixt whom there grew a desperate combate , but it being market day the multitude of people rushing in took the earle of stamfords part , and made the other leave the town with shame , the people hissing , and calling him popish lord , and many opprobrious words , in which time the maior and aldermen were assembled , and came to the angell , where after a large expression of sorrow for that sad accident , they presented to him a paper wherein was writ their resolution , the contents whereof was to this purpose . . they resolved in all lawfull obedience to fullfill his majesties just commands . . they resolved to maintaine as farre as in them lay , the true protestant profession , and according to his maiesties command , to execute the lawes against recusants . . they resolved in all obedience to submit themselves to the commands of the high court of parliament , knowing it to be most expedient both for his majesties safetie , and the kingdomes future security , withall manifesting such hearty obedience and earnest zeale to the said earle , both concerning the militia , that the said earle hardly knew how to give them so great thanks as he conceived was due for such large expression of their love . neverthelesse he with a deale of courtesie thanked them and animated them on to a hasty performance of what they had promised , and withall tould them that he would make knowne to the high court of parliament , from whom they should receive a gratefull acknowledgement as a just reward for all their service at which the people gave a generall shout crying a stamford a stamford with such ioy , that the good earle was forced to withdraw , tears of ioy standing in his eies , to see his countrys love and obedience . this is all that at this time happened onely there is great expectation that on tha● generall training day our numbers will be full , the manner of which meeting , in my next letter i will give you notice of till which time i rest . your loving brother adam iones . from leicester , june . . finis . the earl of essex his speech, at the delivering the following petition to his most sacred majesty, jan. , [i.e. ] essex, arthur capel, earl of, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing e estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the earl of essex his speech, at the delivering the following petition to his most sacred majesty, jan. , [i.e. ] essex, arthur capel, earl of, - . p. printed for benj. harris ..., london : . caption title. imprint from colophon. includes also the petition against holding the parliament at oxford, signed: monmouth, kent, hunting [and others]. reproduction of original in the huntington library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng great britain -- politics and government -- - . - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion the earl of essex his speech , at the delivering the following petition to his most sacred majesty , jan. . . may it please your majesty , the lords here present , together with divers other peers of the realm , taking notice that by your late proclamation , your majesty has declared an intention of calling a parliament , at oxford ; and observing from history and records how unfortunate many such assemblies have bin , when called at a place remote from the capital city ; as particularly the congress in henry the seconds time at clarindon ; three several parliaments at oxford in henry the thirds time ; and at coventry in henry the sixths time ; with divers others which have proved very fatal to those kings , and have been followed with great mischief on the whole kingdom : and considering the present posture of affairs , the many jealousies and discontents , which are amongst the people , we have great cause to apprehend that the consequences of the sitting of a parliament now at oxford may be as fatal to your majesty and the nation , as those others mentioned have bin to the then reigning kings ; and therefore we do conceive that we cannot answer it to god , to your majesty , or to the people , if we , being peers of the realm , should not on so important an occasion humbly offer our advice to your majesty ; that if possible . your majesty may be prevailed with , to alter this ( as we apprehend ) unseasonable resolution . the grounds and reasons of our opinion , are contained in this our petition , which we humbly present to your majesty . to the king 's most excellent majesty . the humble petition and advice of the lords under-named , peers of the realm . humbly sheweth , that whereas your majesty hath been pleased , by divers speeches , and messages to your houses of parliament , rightly to represent to them the dangers that threatned your majesties person , and the whole kingdom , from the mischievous , and wicked plots of the papists , and the suddain growth of a forreign-power , unto which , no stop or remedy could be provided , unless it were by parliament , and an union of your majesties protestant subjects , in one mind , and one interest . and the lord chancellor , in pursuance of your majesties commands , having more at large demonstrated the said dangers to be as great , as we in the midst of our fears could imagine them : and so pressing , that our liberties , religion , lives , and the whole kingdom would be certainly lost , if a speedy provision were not made against them . and your majesty , on the . of april , , having called unto your council , many honorable and worthy persons , and declared to them and the whole kingdom , that being sensible of the evil effects of a single ministry , or private advice , or forreign committee , for the general direction of your affaires ; your majesty would for the future refer all things unto that council , and by the constant advice of them , together with the frequent use of your great council , the parliament , your majesty was hereafter resolved to govern the kingdoms ; we began to hope we should see an end of our miseryes . but to our unspeakable grief and sorrow , we soon found our expectations frustrated . the parliament , then subsisting , was prorogued and dissolved before it could perfect what was intended for our relief and security : and though another was thereupon called , yet by many prorogations it was put off , till the . of octob. past ; and notwithstanding your majesty was then again pleased to acknowledge , that neither your person , nor your kingdom could be safe , till the matter of the plot was gone thorow , it was unexpectedly prorogued on the th . of this month , before any sufficient order could be taken therein : all their just and pious endeavors to save the nation were overthrown ; the good bills they had been industriously preparing to unite all your majesties protestant subjects brought to nought ; the discovery of the irish plot stifled ; the witnesses that came in frequently more fully to declare that , both of england and ireland , discouraged ▪ those forreign kingdoms and states , who by a happy conjunction ▪ with us might give a check to the french powers , disheartned , even to such a despair of their own security against the growing greatness of that monarch , as we fear may induce them to take new resolutions , and perhaps such as may be fatal to us : the strength and courage of our enemyes both at home and abroad increased ▪ and our selves left in the utmost danger of seeing our countrey brought into utter desolation . in these extremities , we had nothing under god to comfort us , but the hopes ▪ that your majesty ( being touched with the groans of your perishing people ) would have suffered your parliament to meet at the day unto which it was prorogued : and that no further interruption should have been given to their proceedings , in order to their saving of the nation . but that failed us too ; so then we heard that your majesty , by the private suggestion of some wicked persons , favourers of popery , promoters of french designs , and enemies to your m●jesty and the kingdom ( without the advice , and as we have good reason to believe , against the opinion , even of your privy-councel ) had been prevailed with to dissolve it , & to call another to meet at oxford , where neither lords nor commons can be in safety ; but will be dayly exposed to the swords of the papists , and their adherents of whom too many are crept into your majesties guards . the liberty of speaking according to their consciences , will be thereby destroyed , and the validity of all their acts , and proceedings consisting in it , left disputable . the straitness of the place , no way admits of such a concourse of persons , as now follows every parliament ; the witnesses which are necessary to give evidence against the popish lords ; such judges , or others whom the commons have impeached , or had resolved to impeach , can neither bear the charge of going thither , nor trust themselves under the protection of a parliament , that is it self evidently under the power of guards and souldiers . the premises considered , we your majesties petitioners , out of a just abhorrence of such a dangerous and pernicious council ( which the authors have not dared to avow ) and the direful apprehensions of the calamities & miseries , that may ensue thereupon ; do make it our most humble prayer , and advice , that the parliament may not sit at a place , where it will not be able to act with that freedom ▪ which is necessary ; and especially , to give unto their acts and proceedings , that authority which they ought to have amongst the people , and have ever had , unless impaired by some awe upon them , ( of which there wants not precedents ) and that your majesty would be graciously pleased , to order it to sit at westminster , ( it being the usual place , and where they may consult and act with safety and freedom ) and your petitioners shall ever pray , &c. monmouth , kent , huntington , bedford , salisbury , clara , standford , essex ▪ shaftsbury , mordant , evers , paget , grey , herbert , howard , delamer . london , printed for benj. harris ▪ at the stationers-arms , in the piazza under the royal-exchange , . his majesties order for taking off the chimney-money, in his gracious message to the parliament, for the ease of his loving subjects. with some observations thereupon england and wales. sovereign ( - : william and mary) approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing w estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) his majesties order for taking off the chimney-money, in his gracious message to the parliament, for the ease of his loving subjects. with some observations thereupon england and wales. sovereign ( - : william and mary) william iii, king of england, - . sheet ([ ] p.) printed by george larkin, at the two swans without bishopgate, london : . printed in two columns. reproduction of original in the bodleian library, oxford, england. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng money -- england -- early works to . great britain -- history -- william and mary, - -- early works to . great britain -- politics and government -- - -- early works to . - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - jason colman sampled and proofread - jason colman text and markup reviewed and edited - pfs batch review (qc) and xml conversion his majesties order for taking off the chimney-money , in his gracious message to the parliament , for the ease of his loving subjects . with some observations thereupon . as the almighty by so wonderful a series of success , has placed our present soveraign on the throne , so he has singled out for that sacred trust , and the reception of those wonderous providences , the person ( if man can merit from heaven ) the most deserving of them . a most peculiar instance of royal grace perhaps was never more conspicuous , then in his late message to the parliament . friday march the first . . mr. wh●rton delivered a message from the king viz. that his majesty found the act for chimney-money , was grievous to the subject , and therefore left it to the consideration of his parliament to take off the same , &c. in answer to which , was made an address to the effect following . we your majesty's most dutiful and loyal subjects , the knights , citizens , and burgesses in parliament 〈…〉 , 〈…〉 taken into consideration your majesty's gracious message , wherein your majesty is pleased to express your great kindness and sense of your peoples condition , by your tender consideration , that the revenue of the hearth-money is very grievous , and are pleased to agree either to the regulation of it , or taking it wholly away . and as your majesty is pleased in this , to consider the ease of your people , we acknowledge our selves obliged to declare that your majesty has fill'd our hearts with an entire satisfaction and gratitude , by this your most gracious and vnprecedented offer . and we humbly crave leave to present this assurance to your majesty , that we will make such grateful and affectionate returns , and be so careful for the support of the crown , that the world may see , to the discouraging of your enemies , and the satisfaction of all good men , that your majesty reigns in the hearts of your people , which god grant long to continue . how infinitely does this glorious goodness and condescention to his people outshine his predecessors ! to instance no farther back then the two last reigns , time has been when the national eas● has been so little the consideration of the crown , that our very meeting of parliaments have dwindled into little other use , than , give us more of your money , and less of your counsels ; and scarce one good act for the benefit of the subject obtain'd without the tacking of a money-bill at the end of it . nay , and when the english purses would not drain fast enough , we have wretchedly truck'd to france to help out the count . but not to rake into the ashes of one , or the misfortune of the other , what between the effeminacy of one reign , and the bigotry of the other , what unaccountable summs , and as unaccountably consumed , have been expended , and preverted directly contrary to the intent of the original donation , the great end they were given for ? but this long soveraign fault amended , ( not to mention all the other long blemishes in the imperial scutcheon , washt off in the person of our present truly gracious king , ) as vast a revenue as the chimney-money may be , yet considering the iniquity and partiality of it , together with the cryes against it , ( for never so uneven a tax was formed . ) he considers the delight of disburthening his people above the gratification of filling his exchequer : and as weighty a crown jewel as it is , he thinks his diadem ( on that only store ) shines brighter , though not richer , without it . and undoubtedly this one unprecedented act of royal grace , attended with all the circumstances of such a voluntary tender , ( even singly and separate from that unbounded goodness , and those accumulated glories we have so large a future prospect of , from so promising a reign , ) is sufficient of it self alone to stand a regal monument . and now my friends and neighbours , after a hearty farewel to your chimney-money , listen to some few comforts in store for you . the poor country wife may now boyl her childs milk , or her husbands gruel , without endangering the consiscation of her skillet or crock , for the use of a chimney to warm it in . the poor labourer , that out of his weeks wages can arrive to a sabbath ▪ days-joint of meat , need not fear the loss of his spit on monday , for eating of roast-meat on sunday ; with the hearty wish too , perhaps at the tail on 't , that the chimney-money-statute-makers were spitted and roasted after it . the furnishing his hearth now , shall not cost him the unrigging of his kitchin. nor shall the great and ( before ) glorious name of a king , be longer debased to so vile and wretched a voice of authority , as the rifling of cottages , and plundering of poverty . the painted staff shall now make no more havock amongst their dishes and platters , with the untuneable comfort of the cries of the poor to make up the harmony ▪ and that original peace-keeper , the constable , ●● vertue of a hard letter'd statute , shall now no more be put to the office of a french ▪ dragoon , in breaking open of doors , and making military execution on the goods and chattels even of indigence and begga●● . those hard-look'd guests the collectors , a sort of visitants as troublesome as a cat in a glass-box , ( thanks to heaven and our good king ) are like to have their reign but short . for that egypt-plague , those house locusts ( god and great william be prais●● ) are now departing your dwelling● ; and you and your race for the future may live in hopes of making your fires burn clear , without melting down your porridge-pots into the bargain . a long and everlasting a●ien to that crown grind-stone , the hearth-statute . the face of the poor shall now be ground no more . and so god save king william and queen mary . london , printed by george larkin , at the two s●ans without bishopsgate . . mr. maynards speech before both houses in parliament upon wednesday the xxiiijth of march in reply upon the earle of straffords answer to his articles at the barre. speech before both houses in parliament upon wednesday the xxiiii th of march, maynard, john, sir, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing m estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; :e , no ) mr. maynards speech before both houses in parliament upon wednesday the xxiiijth of march in reply upon the earle of straffords answer to his articles at the barre. speech before both houses in parliament upon wednesday the xxiiii th of march, maynard, john, sir, - . [ ], p. s.n.] [london? : . reproduction of original in thomason collection, british library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng strafford, thomas wentworth, -- earl of, - . great britain -- politics and government -- - . - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion mr. maynards speech before both houses in parliament , upon wednesday the xxiiij th . of march , in reply upon the earle of straffords answer to his articles at the barre . printed in the yeare , . m r. mainards speech before both houses in parliament , on wednesday the xxiiij . of march , in reply upon the earle of straffords answer to his articles at the barre . my lords : i shall repeat little of that which hath bin said , onely this : that whereas my lord of strafford , did answer to many particulars ; yet he did not answer to that which was particularly objected against him ; that is , you were to heare the complaints of the whole kingdome : now the particular of our ayme , is to take off the vizard , which my lord hath put on ; wherein the truth and honour which is due to his majesty , he would attribute to himselfe . my lords , there is one thing which i desire your lordships to remember , it being the maine of our complaints . the alteration of the face of government , and traduceing of his owne lawes ; and this is the burthen upon all the lords and commons of ireland . concerning the breach of parliament , he would put it on sir george ratcliffe ; but i 'me sure , he cannot put off himselfe : for sir george ratcliffe was not the man alone , but others joyned with him in that assembly , and i am sure my lord of strafford moved it for the breach of parliament . i shall addresse my selfe to the body of his answer : now give me leave my lords , that j may open the nature of this great offence . my lords , it is a charge of treason , which is a treason not ended , or expired by one single act ; but a trade envied by this lord of strafford , ever since the kings favour hath bin bestowed upon him . my lords , it hath two parts to deprive us that which was good . and secondly , to bring in a tyrannicall government , it takes away the lawes of the land , and it hath an arbbitrary government , bounded by no law , but what my lord of strafford pleaseth . it is the law , my lords , which we reverence , and cheerfully render to our gracious soveraigne : the law as it is the ground of our liberty , so it is the distribution of iustice. my lords , in all this ; my lord of strafford hath endeavoured to make them uncapable of any benefit : it is true , my lords ; that treason against the person of a prince is high treason , and the highest treason that can be to man ; but it falls short of this treason against the state. when blessed king iames was taken to heaven , he commended the lawes to his sonne , our gratious soveraigne . but my lords , if such a designe as this should take effect , that the law of justice should be taken from the throne , we are without hope of ever seeing happy dayes , power is not so easily laid downe , unlesse it bee by so good and just a prince as we have . my lord of straffords accusation is conveyed into twenty eight articles , and j shall but touch the heads , that wee shall insist upon , and i thinke the best way to this , is to consider what he did before he went into ireland , what then , and what since . he hath encroached jurisdiction , where none was , taking upon him a power to repell the lawes , and to make new lawes , and in domineering over the lives and goods , and what ever else was the subjects . my lords , this hee hath notdone onely upone the meaner sort but upon the peeres and auntient nobilitie and what may your lordships expect , but the same measure at his hands , here as they have found there when hee committed any to prison , if a habeas corpus were granted the oficers must not obey , and if any fine were put upon the officer , for refusing them , there was a command that he should bee discharged : so that he did not onely take power to himselfe , but the scepter of iustice out of the kings hand . when he was a member of the house of commons , it was his owne motion , all ministers of state should serve the king , according to the lawes which hee hath broken himselfe . he doth as much as say , that fines shall not bee payed by officers , if in this they fulfill his commands , but those that release a prisoner upon a habeas corpus shall finde his displeasure . my lords , if this had beene a single act , we should not have accused him of high treason , but this hath been his common course , and this we present to your lordships consideration . the next thing is , that in the north the people attending for justice , you shall see what a dishonor he flung vpon the sacred majestie of the king , that did advance him : some of the iustices ( saith he ) are all for law but they shall find that the kings little finger is heavier then the loynes of the law. my lords , what a sad speech was this , and what sad accidents happened upon it , you all know , and he said in a solemne speech ; that ireland was a conqaered nation , and that the king might doe with them what he would , their charters were nothing worth , they did bind the king no longer then he pleased . surely you may see what he would doe if he had power , but we hope never such counsell shall have acceptation in so gracious an eare as our soveraignes , and be doth not stay in words but proceeds to actions , when a peere of the kingdome was expelled the kingdome for suing at law for recovering of his right , he saith , hee would-have ireland know that neither law nor lawyers should question any thing that hee ordered . my lords , hee goes higher , for when there was an occasion to speake of an act of state , he said it shoutd be as binding as an act of parliament . my lords , he cannot goe higher then this he tels them in parliament ; they were a conquered nation , and they must expect the vsage of a counquered nation . the lord mountnorr is for a few words that fell from his mouth spoken privatly at his table , had a counsell of warre called against him and was judged to death . my lords , it is no marvaile that hee saie ; that the kings little finger should be so heavy , when his little toe was so heavy to tread downe a peere vnder his foote . my lords , hee makes lawes of himselfe , and hee makes a difference in matters of justice betweene the poore and the rich , but when hee hath executed his power upon the poore , he will fall upon the rich . my lords , he hath made that which was worth but five shillings to be valued at twenty , and my lords , by this he doth in effect take away what ere this commodity is worth , he saith he doth it for the kings gaine , but we shall make it appeare , that the crowne hath lost , and hee hath gained . and for the commodity of flax my lords , it is but a womans commodity , but yet it is the staple commodity of ireland . now my lords , this commodity he hath gotten wholly into his owne hands , for he made such a proclamation , that it should be used in such wayes as the women could not doe it , and if it were not vsed in such wayes that it should be seized vpon , no he doth not onely put impositious upon the subject , but take away the goods too , and thus he hath levyed warre against the kings subjects , and this is his course that if a decree were made by him and not obeyed , there issued a warrant to souldiers , that they should make garrison , and that they should goe to the houses of those that were pretended to be disobedient . my lords , they have killed their sheep and their oxen , and bound their horses and tooke them captives till they have rendered obedience , which is expressely contrary to law , for it saith ; if any man set horse or foote upon the kings subjects in a military way , it is high treason . my lords , it doth not onely oppresse them in their estates , but provoke and incite his majestie to lay downe his mercy and goodnesse , and to fall into an offensive warre against his subjects , and say they are rebels and traytors . hee tels his counsell that the parliament having forsaken the king , and the king having tryed the parliament , hee might vse other wayes to procure money to supply his necessities . my lords , the same day that the parliament was broken , he tels the king , he had foote and horse , to reduce this kingdome to obedience . my lords , consider in what a sad time this man tooke to infuse this sad counsell into the kings eare . my lords , he doth advise the king that he was absolved from all rules of government , but if no rule of government , what rule of obedience ; surely he meant to reduce us to a chaos and confusion , &c. would have us without all rule of government or obedience . my lords , those that he would have brought to reduce us were papists , enemies of our religion . this strikes us neere , my lords , and is the griefe of our hearts ; that an irish army should be brought into england to reduce vs. my lords , i hope wee were nere so far gone , as to need an army to reduce us to obedience . my lords , he had raised this army , and if such counsell should have taken effect in his majesties eare , he , like proud haman , would have thought to have been generall of the army . and thus my lords , you see this lord of strafford fals upon a counsell , which might make an irreconciliable difference to subdue us by his power . finis . a declaration of the gentlemen and inhabitants of the county of brecknock, concerning their firm resolutions for the parliament, in adhering to the judgement and determination thereof, as to the supream court of judicature of the kingdom. ordered by the commons assembled in parliament, that the declaration of the gentlemen and inhabitants of the county of brecknock, of nov. . . be forthwith printed and published. h: elsynge, cler. parl. d. com. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing d thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) a declaration of the gentlemen and inhabitants of the county of brecknock, concerning their firm resolutions for the parliament, in adhering to the judgement and determination thereof, as to the supream court of judicature of the kingdom. ordered by the commons assembled in parliament, that the declaration of the gentlemen and inhabitants of the county of brecknock, of nov. . . be forthwith printed and published. h: elsynge, cler. parl. d. com. gwyn, h. england and wales. parliament. house of commons. , [ ] p. printed for edw. husband, printer to the honorable house of commons, and are to be sold at his shop at the sign of the golden dragon in fleetstreet, neer the inner-temple, london, : december . . signed at end: h: gwyn [and others]. reproduction of the original in the british library. eng england and wales. -- parliament -- early works to . breconshire (wales) -- history -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason e _ ). civilwar no a declaration of the gentlemen and inhabitants of the county of brecknock,: concerning their firm resolutions for the parliament, in adheri gwyn, h. c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion a declaration of the gentlemen and inhabitants of the county of brecknock , concerning their firm resolutions for the parliament , in adhering to the judgement and determination thereof , as to the supream court of judicature of the kingdom . ordered by the commons assembled in parliament , that the declaration of the gentlemen and inhabitants of the county of brecknock , of nov. . . be forthwith printed and published ▪ h : elsynge , cler. parl. d. com. london , printed for edw. husband , printer to the honorable house of commons , and are to be sold at his shop at the sign of the golden dragon in fleetstreet , neer the inner-temple , december . . novemb. . . a declaration of the gentlemen and inhabitants of the county of brecknock . wee the gentry and inhabitants of the county of brecknock , whose names are subscribed , do declare and professe , that we are fully satisfied in conscience , that the two houses of parliament now sitting at westminster , are the true and undoubted lawfull parliament of england , and the supreme court of iudicature of the kingdom ; to whose iudgement and determination we do and will , in conscience of our loyalty , and not by terror or constraint , submit our selves , our lives and fortunes . vve are also perswaded and confesse , that the arms taken up and continued by authority of parliament in this defensive war , are raised and continued in their own just defence , and for the just defence of the protestant religion , the person and honour of the kings majesty , the priviledges of parliament , and the liberty of the subject ; and that the forces raised or to be raised within the kingdom of england , or dominion of wales , without their consent , are raised and imployed for destruction of parliaments , fomenting and establishing of popery , prelacy , and an illegall and arbitrary government . in apprehension whereof , we do unanimously resolve , and firmly ingage and undertake , that we , with all persons under our power and command , will from hence forward , to the extreamest hazard of our lives and fortunes , adhere to and assist the forces raised or to be raised by authority of parliament , against all other forces raised or to be raised against them , or without their consent ; and we shall willingly and cheerfully joyn with major generall laughorn , and those three associated counties wherof he is major generall , and with the county of glamorgan , with whom we are already associated ; and contribute our utmost assistance , and endeavours proportionably to the said respective counties , in such way as major generall laughorn shall think fit , and meetest for the service of the parliament . and from this resolution and engagement we shall not swerve or receade , by adhering to the contrary party , or imbracing a detestable neutrality , either by perswasion , dread , or any other motive whatsoever . h : gwyn , vic. com. brec . edward rumsey . john williams . lewis lloyde . edw : williams . roger vaughan . william morgan . john gwyn . thomas gunter . edward gwyn . richard games . will : walbiefth . will : vaughan . tho : walbief . meredith lenys . lewis ienkins . william herbert . edward games . tho : williams . william watkins . thomas lloyde . william iones . thomas roberts . daniel winter . william haynes . thomas bowen . walter lloyde· henry iones . iohn thomas . iohn win. hu : meredith . ieffery lewys . iohn lewys . edward aubrey . finis . die mercurii, maii, . an order of the commons assembled in parliament, for the removall out of the cities of london and westminster, and line of communcation, all recusants, wives of recusants, and the wives of such persons as are in arms against the parliament: together with all suspitious persons, or such as have lately come from oxford, or any of the kings quarters. england and wales. parliament. house of commons. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing e a). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e a estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) die mercurii, maii, . an order of the commons assembled in parliament, for the removall out of the cities of london and westminster, and line of communcation, all recusants, wives of recusants, and the wives of such persons as are in arms against the parliament: together with all suspitious persons, or such as have lately come from oxford, or any of the kings quarters. england and wales. parliament. house of commons. sheet ([ ] p.). printed for edward husbands., london: : may . . reproduction of original in the henry e. huntington library. eng great britain -- history -- civil war, - . great britain -- politics and government -- - . london (england) -- history -- th century. broadsides -- england -- th century. a r (wing e a). civilwar no die mercurii, maii, . an order of the commons assembled in parliament, for the removall out of the cities of london and vvestminster, england and wales. parliament. house of commons a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion die mercurii , maii , . an order of the commons assembled in parliament , for the removall out of the cities of london and westminster , and line of communication , all recusants , wives of recusants , and the wives of such persons as are in arms against the parliament : together with all suspitious persons , or such as have lately come from oxford , or any of the kings quarters . it is this day ordered by the commons assembled in parliament , that directions be given to the lord major , court of aldermen , common-councell , and the committee of the militia , to take some speciall and strict course for the removall of all suspitious persons , all such as have lately come from oxford , or any other of the kings quarters , recusants , the wives of recusants , and the wives of such persons as are in arms against the parliament , out of the cities of london and westminster , the suburbs , the innes of court , and chancery , and all other places within the line of communication , and to take some course to prevent the return of them , or the coming in of any other ; and likewise to take order , that all the forces of the cities of london and westminster , suburbs , and line of communication , may be put in a posture ready to march at two hours warning ; and that they will give order , that good vvatches , by faithfull and good men may be kept at all the guards , and upon all the avenues to the city . the like directions mutatis mutandis to be sent to the severall and respective committees of the severall and respective counties . they are further required , that if upon the search after suspitious persons , they shall meet with any souldiers , that they take course that they may be sent to their colours , to be proceeded with according to their demerits , and the usuall course of vvar. h : elsynge , cler. parl. d. com. london : printed for edward husbands . may . . a legall vindication of the liberties of england, against illegall taxes and pretended acts of parliament lately enforced on the people: or, reasons assigned by william prynne of swainswick in the county of sommerset, esquire, why he can neither in conscience, law, nor prudence submit to the new illegall tax or contribution of ninety thousand pounds the month; lately imposed on the kingdom, by a pretended act of some commons in (or rather out of) parliament prynne, william, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing p a). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing p a estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a legall vindication of the liberties of england, against illegall taxes and pretended acts of parliament lately enforced on the people: or, reasons assigned by william prynne of swainswick in the county of sommerset, esquire, why he can neither in conscience, law, nor prudence submit to the new illegall tax or contribution of ninety thousand pounds the month; lately imposed on the kingdom, by a pretended act of some commons in (or rather out of) parliament prynne, william, - . [ ], , [ ] p. printed for robert hodges, and are to be sold by him, london : . caption title on p. reads: reasons assigned by william prynne, &c. with postcript, a reply to: lilburne, john. the legall fundamentall liberties of the people of england revived, asserted, and vindicated. p. correctly numbered. no errata on p. . reproduction of the original in the british library. eng lilburne, john, ?- . -- legall fundamentall liberties of the people of england revived, asserted, and vindicated -- early works to . england and wales. -- public general acts. - - -- controversial literature -- early works to . taxation -- england -- early works to . great britain -- history -- commonwealth and protectorate, - -- early works to . great britain -- politics and government -- - -- early works to . a r (wing p a). civilwar no a legall vindication of the liberties of england, against illegall taxes and pretended acts of parliament lately enforced on the people: or, prynne, william d the rate of defects per , words puts this text in the d category of texts with between and defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - tcp staff (michigan) sampled and proofread - john latta text and markup reviewed and edited - pfs batch review (qc) and xml conversion a legall uindication of the liberties of england , against illegall taxes and pretended acts of parliament lately enforced on the people : or , reasons assigned by william prynne of swainswick in the county of sommerset , esquire , why he can neither in conscience , law , nor prudence submit to the new illegall tax or contribution of ninety thousand pounds the month ; lately imposed on the kingdom , by a pretended act of some commons in ( or rather out of ) pa●liament . esay . . he looked for judgment , but behold oppression ; for righteousness , but behold a cry . psal. . . for the oppression of the poor , for the sighing of the needy ; now will i arise ( saith the lord ) and will set him in safety from him that would ensnare him . exod. . , . i have also heard the groaing of the children of israel , whom the aegyptians keep in bondage ; and i have remembred my covenant . wherefore say unto the children of israel , i am the lord , and i will bring you out from under the burdens of the aegyptians ; and i will rid you out of their bondage : and i will redeem you with a stretched out arm , and with great judgments . eccles. . , . so i returned and considered all the oppressions that are done under the sun , and beheld the te●rs of such as were oppressed , and they had no comforter ; and in the hand of their oppressors there was power , but they had no comforter : wherfore i praised the dead which are already dead , more then the living which are yet alive . london , printed for robert hodges , and are to be sold by him . . reasons assigned by william prynne , &c. being on the th of this instant june informed by the assessors of the parish of 〈◊〉 , that i was assessed at l. s. for three months contribution , by vertue of a ( pretended ) act of the commons 〈◊〉 in parliament , bearing date the seventh of april last , assessing the kingdom at ninty thousand pounds monthly , beginning from the of march last , and continuing for six months next ensuing , towards the maintenance of the forces to be continued in england and ireland , and the paying of such as are thought fit to be disbanded , that so free-quarter may be taken off ; whereof l. s. d. ob . is monthly imposed on the county , and l. s. d. on the small poor parish where i live ; and being since , on the fifteenth of june required to pay in l. s. for my proportion : i returned the collector this answer , that i could neither in conscience , law nor prudence in the least measure submit to the voluntary payment of this illegall tax , and unreasonable contribution , ( after all my unrepaired losses and sufferings for the publick libertie ) amounting to six times more then ship-money , ( the times considered ) or any other illegall tax of the late beheaded king , so much declaimed against in our three last parliaments , by some of those who imposed this . and that i would rather submit to the painfullest death and severest punishment the imposers or exactors of it could inflict upon me by their arbitrary power ( for legall they had none ) then voluntarily pay , or net oppose it in my place and , calling to the uttermost , upon the same , if not better reasons , as i oppugned ( a ) ship-money , knight-hood , and other unlawfull impositions of the late king and his councell heretofore . and that they and all the world might bear witnesse , i did it not from meer obstinacy or sullennesse ; but out of folid rea●…l grounds of conscience , law , prudence , and publick affection to the weal and liberty of my native country ( now in danger of being enslaved under a new vassallage , more grievous then the worst it ever yet sustained under the late , or any other of our worst kings ) i promised to draw up the reasons of this my ref●…sall in writing , and to publish them , so soon as possible , to the kingdom for my own vindication , and the better information and satisfaction of all such as are any wayes concerned in the imposing , collecting , levying or paying of this strange kinde of contribution . in pursuance whereof , i immediatly penned these ensuing reasons ; which i humbly submit to the impart●…all censure of all ●…nscientious and judicious englishmen ; desiring either their in●…enuous refutation , if erroneous ; or candid approbation , if substantiall and irrefr●…gable , as my conscience and judgement perswade me they are , and that they will appear so to all impartial perusers , after full examination . first , by the fundamental laws , and known statutes of this realm , no tax , tallage , ayd , imposition , contribution , loan or assessement whatsoever , may or ought to be opposed or levied on the free men and people of this realm of england , but by the will and common assent of the earls , barons , knights , burgesses , commons , and whole realm in a free and full parliament , by act of parliament : all taxes , &c. not so imposed , levied ( though for the common defence and profit of the realm ) being unjust , oppr●…ssive , inconsistent with the liberty and property of the subject , laws and statutes of the realm ; as is undenyably evident by the expresse statutes of magna charta , cap. , . . e. . c. . . . e. . de tallagio non concedendo , cap. . . e. . rot. parl. n. . . e. . c. . . e. . rot. parl. n. . . e. . rot. parl. n. . . h. . rot. parl. n. . . r. . c. . the petition of right , and resolutions of both houses against loans , caroli : the votes and acts against ship-money , knighthood , tonnage and poundage , and the star-chamber this last parliament , . & . caroli . and fully argued and demonstrated by mr. william hackwell in his argument against impositions ; judg hutton and judg crook in their arguments , and mr. st. john in his argument and speech against ship money , with other arguments and discourses of that subject : sir edward cook in his instit. ( published by order of the commons house ) ●…ag . . &c , , , , &c. with sundry other r●…cords and law-books cited by those great rab●…ies of the law , and patriots of the peoples liberties . but the present tax of ninety thousand pounds a month , now exacted of me , was not thus imposed . therefore it ought not to be demanded of , nor levied on me ; and i ought in conscience , law and prud●…nce to withstand it as unjust , oppr●…ssive , inconsistent with the liberty and property of the subject , laws and statutes of the realm . to make good the assumption , which is only questionable . first , this tax was not imposed in , but out of parliament , the late parliament being actually dissolved above two months before this pretended act by these tax-imposers taking away the king by a violent death , as is expresly resolved by the parliament of h. . rot. parl. n. . by the parliament of h. . and h. . rot. parliam . n. . cook institutes p. . and . e. . b. for the king being both the head , beginning , end and foundation of the parliament ( as modus tenendi parliamentum : and sir edward cooks . instit. p. . resolve ) which wa●… summoned and constituted only by his writ now ( b ) actually abated by his death : and the parliament ( as it is evident by the clauses of the severall writs of summons to ( c ) the lords , and for the election of knights and burgesses , and levying of their wages ) being onely parliamentum nostrun , the kings parliament that is dead not his h●…irs and succ●…ssors ; and the lords and commons being all summoned and authorized by it to come to his parliament , there to be present , and conferre with him ( nobiscum , not his heirs and successors ) of the weighty urgent aff●…ires that concerned ( nos ) him and his kingdome of england ; and the k●…ights and burgesses receiving their wages for , nuper ad nos ad parliamentum nostrum veniendo , &c. quod sommoneri fecimus , ad tracta●…dum ibidem super diversis & arduis negotiis nos & sta●…um regninostri tangentibus , as the tenor of the ( d ) writs for their wages determines . the king being dead , and his writ and authority by which they are summoned , with the ends for which they were called ( to confer with him , about hi●… , and his kingdoms affairs , &c. being thereby absolutely determined , without any hopes of revivall ; the parliament it self must thereupon absolutely be determined likewise ( especially to those who have dis-inherited his heirs and successors , and voted down our monarchy it self ) and these with all other members of parliament , cease to be any longer members of it , being made such only by the kings abated writ ; even as all judges , justices of peace , and sheriffs made only by the kings writ or commission , not by letters patents , cease to be judges , justices , and sheriffs by the kings death , for this very reason , because they are constituted justiciarios & vicecomites nostros ad pacem nostram , &c. custodiendam ; and he being dead , and his writs and commissions expired by his death , they can be his judges , justices , and sheriffs no longer to preserve his peace , &c. ( no more then a wife can be her deceased husbands wife , and bound to his obedience , from which she was loosed by his death , rom. . , . ) and his heirs and successors they cannot be , unlesse he please to make them so by his new writs or commissions , as all our ( e ) law-books and judges have frequently resolved upon this very reason , which equally exnends to members of parliament , as to judges , justices and sheriffs , as is agreed in e. . , . and brooke , office and officer , . therefore this tax being clearly imposed not in , but out of , and after the parliament ended by the kings decapitation , and that by such who were then no lawfull knights , citizens , burgesses or members of parliament , but onely private men , their parliamentary authority expiring with the king , it must needs be illegall , and contrary to all the fore-cited statutes ; as the convocations and clergies tax and benevolence granted after the parliament dissolved in the year . was resolved to be by both houses of parliament , and those adjudged high delinquents who had any hand in promoting it . . admit the late parliament still in being , yet the house of peers , earls and barons of the realm were no ways privie nor consenting to this tax , imposed without , yea , against their consents in direct afsront of their most ancient undubitable parliamentary right and priviledges , ( these tax-masters having presumed to vote down and null their very house , by their new encroached transcendent power ) as appears by the title and body of this pretended act , entituled by them , an act of the commons assembled in parliament : whereas the hou●…e of commons alone , though full and free , have no more lawfull authority to impose any tax upon the people , or make any act of parliament or binding law without the kings or lords concurrence , then the man in the moon , or the convocation , anno . after the parliament dissolved ( as is evident by the e●…press words of the fore-cited acts , the petition of right it self ; 〈◊〉 , for the trienniall parliament ; and against the proroguing or di●…olving this parliament , . caroli : with all our printed statutes , (f) parliament-rolls , and (g) law-books : ) they neither having nor challenging the sole legislative power in any age ; and being not so much as summoned to , nor constituting m●…mbers of our (h) ancient parliaments , ( which co●…sisted of the king and spirituall and temporall lords , without any knights , citizens or burgesses , as all our histories and records attest ) till h. . at soonest ; they having not so much as a speaker or commons house , til after the beginning of king ed. the third's reign , and seldom or never presuming to make or tender any bills or acts to the king or lords , but petitions only for them to redress their grievances and enact new laws , til long after rich. the seconds time , as our parliament rols , and the printed prologues to the statutes of . . . . . . . . . and . e●… . . rich. . . . . . . . . . hen. . . . . . . . he●… . . . . . . . . . . . . . . . . hen. . ●… . . . . . . ed. . and rich. . evidence ( which run all in this form , at the parliament holden , &c. by the advice and assent of the lords spirituall and temporall and at the speciall instance and request of the commons of the realm , ( by their petitions put in the said parliame●… , as some prologues have it . ) our lord the king hath cau●…ed to be ordaine●… , or ordained certain statutes , &c. ) where the advising and assenting to lawes is appropriated to the lords ; the ordaining of them to the king ; and nothing but the reque●…ting of , and petitioning for them to the commons , both from king and lords , in whom the legislative power principally , if not sose●…y resided ; as is manifest by the printed prologue to the statute of merton . . hen. . the statute of mortemain ed. . . ed. . de asportatis religiosorum , the statute of sheriffs , . e. . and of the templers , e. . to cite no more . therefore this tax imposed by the commons alone without king or lords , must needs be void , illegall , and no ways obligatory to the subjects . . admit the whole house of commons in a full and free parliament had power to impose a tax , and make an act of parliament for levying it without king or lords ; ( which they never did , nor pretended to in any age ) yet this act and tax can be no ways obliging , because not made and imposed by a full and free house of commons , but by an empty house , packed , swayed , over-awed by the chief officers of the army , who have presumed by meer force and armed power , against law and without president , to seclude the major part of the house ( at least parts of ) who by law and custom are the house it self , from sitting or voting with them , contrary to the freedom and priviledges of parliament ; readmitting none but upon their own terms . an usurpation not to be paraleld in any age , destructive to the very being of parliaments ; (i) where all members ex debito justiciae , should with equal freedom meet and speak their minds : injurious to all those counties , cities , boroughs , whose knights , citizens and burgesses are secluded , and to the whole kingdom ; yea , contrary to all rules of reason , justice , policy , conscience , and their own , agreement of the people , which inhibit the far lesser part of any councel , court , or committee , to oversway , seclude or fore-judg the major number of their assessors and fellow-members , over whom they can no ways pretend the least jurisdiction , it being the high-way to usher tyranny and confusion into all councels & realms , to their utter dissolution , since the king alone without lords and commons , or the lords alone without king or commons , may by this new device make themselves an absolute parliament to impose taxes and enact laws without the commons , or any other forty or fifty commoners meeting together without their companions do the like , as well as this remnant of the commons make themselves a compleat parliament without king , lords , or their fellow-members , if they can but now or hereafter raise an army to back them in it , as the army doth those now sitting . . suppose this tax should binde these counties , cities , and burroughs , whose knights , citizens and burgesses sate and consented to it when imposed , ( though i dare swear imposed against the minds and wils of all or most of those they represent ; ( who by the (k) armies new doctrine , may justly question and revoke their authority for this high breach of trust ; the rather , because the knights and burgesses assembled in the first parliament of . e. . rot. parl. n . did all refuse to grant a great extraordinary subsidie then demanded of them ( though not comparable to this ) for the necessary defence of the kingdom against foraign enemies , till they had conferred with the counties and burroughs for which they served , and gained their assents : ) yet there is no shadow of reason , law or equity , it should oblige any of the secluded members themselves , whereof i am one ; or those counties , cities or burroughs , whose knights , citizens and burgesses have been secluded or scared thence by the armies violence , or setling members illegall votes for their seclusion ; who absolutely disavow this tax and act as un-parliamentary , illegall , and never assented to by them in the least degree ; since the onely (l) reason in law , or equity , why taxes or acts of parliament oblige any member , county , burrough or subject , is , because they are parties and consenting thereunto either in proper person ; or by their chosen representatives in parliament ; it being a received maxime in all laws , quod tangit omnes , ab omnibus debet approbari . upon which reason it is judged in our (m) law-books , that by-laws oblige onely those who are parties , and consent unto them , but not strangers , or such who assented not thereto . and ( whiich comes fully to the present case ) in . h. . . . h. . . brook ancient demesne . & parl. . . it is resolved , that ancient demesne is a good plea in a writ of waste upon the statutes of waste , because those in ancient demesne were not parties to the making of them , for that they had no knights nor burgesses in parliament , nor contributed to their expences . and judge brook parliament . hath this observable note , it is most frequently found , that wales and county palatines , which came not to the parliament ( in former times , which now they do ) shall not be bound by the parliament of england : for ancient demesne is a good plea in an action of waste and yet ancient demesne is not excepted : and it is enacted , . ed. . cap . that fines and proclamation shall be in chester , for that the former st●…tutes did not extend to it : and it is 〈◊〉 , th●… a fine and proclamation shall be in lancaster . . & . ed. . c. . and in a pro●…lamation upon an exigent is given by the statute in chester a●…d wales , . e. . c. . and by anot●…er act to lancaster , . & . e. . c. . and the statutes of justices of peace extended not to wales and the county palatine ; and therefore an act was made for wales and chester , . h. . c. . who had knights and burgesses appointed by that parliament for that and future parliaments by act of parliament , . hen. . cap. . since which they have continued their wages being to be levied by the statute of . h. . c. . now , if acts of parliament bound not wales and counties . palatines , which had anciently no knights not burgesses in parliament to represent them , because they neither personally nor representatively were parties and consenters to them ; much lesse then can or ought this heavie tax , and illegall act to binde those knights , citizens and burgesses , or those counties , cities and burroughs they represented , who were forcibly secluded , or driven away from the parliament by the confederacy , practice , or connivance at least , of those now sitting , who imposed this tax , and passed this strange act ; especially , being for the support and continuance of those offcers , and that army who traiterously seised and secluded them from the house , and yet detain some of them prisoners , against all law and justice . the rather , because they are the far major part ( above six times as many as those that sate and shut them out ) and would no wayes have consented to this illegall tax , or undue manner of imposing it , without the lords concurrence , had they been present . and , i my self , being both an unjustly imprisonsd and secluded member , and neither of the knights of the county of somerset , where i live , present or consenting to this tax or act , one or both of them being forced thence by the army , i conceive neither my self , nor the county where i live , nor the borough for which i served , in the least measure bound by this act or tax , but cleerly exempted from them , and obliged with all our might and power effectually to oppose them . if any here object , that by the custom of parliament forty members onely are sufficient to make a commons house of parliament and there were at least so many present when this tax was imposed : therefore it is valid and obligatory both to the secluded absent members and the kingdom . i answer , first , that though regularly it be true , that forty members are sufficient to make a commons house to begin prayers , and businesses of lesser moment in the beginning of the day , till the other members come , and the house be full ; yet were never in any parliament reputed a compe●…ent number to grant subsidies , passe , or read bills , or debate or conclude matters of greatest moment ; which by the constant rules & usage of parliament , were never debated , concluded , passed , but in a free and full house , when all or most of the members were present , as the parliament rolls , journals , modus te●…ndi parliamentum , sir edward cooks institu●…s , p. . . . . cromptons jurisdiction of courts , f. &c. . e. . . brook parliament . . . jac. c. . and the many records i have cited to this purpose in my levellers levelled , my plea for the 〈◊〉 , and memento , p. . abundantly prove beyond contradiction●… ; for which cause the members ought to be fined , and lose their ●…ges , if absent without sp●…cial li●…nce , as . modus t●…nexdi parliamentum , r. . par. . c. . . h. . c. . and a co●…ection of all orders , &c. of the late parliament , pa. . . with their frequent summoning and fining absent members , evidence . secondly , though fo●…ty members onely may peradventur●… make an house in cas●… of absolu●…e nece●…y , when ●…he r●…st through sicknes , & publick or private occasions , are volu●…rily or negligently absent ; and might freely repair thither to sit or give their votes if they pleased : yet forty members nev●…r yet made a common●… house by custome of parliament ( ●…here being never any such case til now ) when the rest ( being above ●…our hundred ) were forcibly secluded , or driven thence by an army , through the practice or connivance of those forty sitting , o●… purpose that they should not over nor counte●…-vote them ; much lesse an house to sequester or expell the other members , or impose any tax upon them . till they shew me such a l●…w , custom or president of parliament ( not to be found in any age ) all they pretend is nothing to purpo●…e , or the present case . thirdly , neither forty members , nor a whole house of commons were ever enough in any age , by the custome of parliament or law of england , or impose a tax , or make any act of parliament , without the king and lords , as i have n already proved ; much l●…sse after they ceased to be members by the parliaments dissolution through the kings beheading ; neither w●…re they ever invested with any legall power to seclude or exp●…l any of their felow members ( especially , if duly elected ) for any vote wherein the majority of the house concurred with them , or differing in their consciences and judgements from them ; nor for any other cause , without the kings and lords concurrence ( in whom the ordinary judiciall power of the parliament resides ) as i have undeniably proved by presidents and reasons in my plea for the lords , p. . to . and ardua regni , which is further evident by claus. dors. . r. . m. . & mr. seldens titles of honor , p. . banneret camoys case , discharged from being knight of the shire by the kings writ and judgment alone , without the commons vote , because a peer of the realm ; the practice of s●…questring and expelling commons by their fellow-commons only , being a late dangerous , unparliamentary usurpation ( unknown to our ancestors ) destructive to the priviledges and freedom of parliaments , and injurious to those counties , cities , boroughs , whose trustees are secluded ; the house of commons it self being no court of justice to give either an oath or finall sentence , and having no more authority to dismember their fellow-members , then any judges justices of peace , or committees have to disjudg , disjustice , or discommittee their fellow . judges , justices , or committee-men , being all of equall authority , and made members only by the kings writ and peoples election , not by the houses , or o●…her members votes ; who yet now presume both to make and unmake , seclude and recal , expel and restore their fellow-members at their pleasure , contrary to the practice and resolution of former ages , to patch up a factious conventicle , instead of an english parliament . therefore this objection no waye●… invalids this first reason ; why i neither can nor dare submit to this illegal tax in conscience , law , or prudence , which engage me to oppose it in all these respects . if any object , that true it is , the parliament by the common law and custome of the realm determines by the kings death ; but by the statute of caroli , which enacts , that this present parliament now assembled shall not be dissolved unlesse it be by act of parliament to be passed for that purpose ; continues this parliament still in being , notwithstanding the kings beheading , since no act of parliament is passed for its dissolution . the only pretext for to support the continuance of the parliament since the kings violent death . to this i answer , that it is a maxime in law , that every statute ought to be expounded according to the intent of those that made it , and the mischiefs it intended onely to prevent , as is resolved in . edw. . . . edw. . . . h. . plowd . com fol. . and cooks . instit. p. , . now the intent of the makers of this act , and the end of enacting it , was not to prevent the dissolution of this parliament by the kings death ( no ways intimated or insinuated in any clause thereof , being a cleer unavoydable dissolution of it to all intents not provided for by this law , ) but by any writ or proclamation of the king , by his regal power , without consent of both houses ; which i shall manifest by these ensuing reasons . first , from the principal occasion of making this act. the king ( as the commons in their * rem●…nstrance of the state of the kingdom , decemb. , complain ) had dissolved all former parliaments during his reign without and against both houses approbation , to their great discontent and the kingdoms prejudice , as his father king james had dissolved others in his reign : and during their continuance adjourned and prorogued them at their pleasure . now the fear of preventing of the like dissolution , prorogation , or adjournment of this parliament after the scotish armies disbanding , before the things mentioned in the preamble were effected by the kings absolute power , was the only ground & occasion of this law ( not any fear or thoughts of its dissolution by the king untimely death ) then not so much as imagined , being before the warrs or irish rebellion brake forth ) the king very healthy , not ancient , and likely then to survive this parliament , and many others , in both houses judgment , as appears by the bill for trienniall parliaments . this undeniable truth is expresly declared by the commons themselves in their foresaid romonstrance ; exact collection p. . . . . compared together ; where in direct terms they affirm , the abbrupt dissolution of this parliament is prevented by another bil , by which it is provided it shall not be dissolved or adjourned without the consent of both houses : in the bill for continuance of this present parliament , there seems to be some restraint of the royal power in d ssolving of parliaments ; not to take it out of the crown , but to suspend the execution of it for this time and occasion only ; which was so necessary for the kings own security , and the publick peace , that without it we could not have undertaken any of these great charges , but must have left both the armies to disorder and confusion , and the whole kingdom to blood and rapine . in which passages we have a clear resolution of the commons themselves , immediately after the passing of this act ; that the scope and intention of it was only to provide against the kings abrupt dissolution of the parliament by the meer royall power in suspending the execution of it for this ti●…e and occasion only ; and that for the kings own security , ( not his heirs and successors ) as well as his peoples peace and safety . therefore not against any dissolutions of it by his natural ( much lesse his violent ) death ; which can no ways be interpreted , an act of his royall power , which they intended hereby , not to take out of the crown , but only to suspend the execution of it for this time and occasion , and that for his security : but a naturall impotency , or unnaturall disloyalty , which not only suspends the execution of the kings power for a time , but utterly destroies and takes away him and it without hopes of revival for ev●…r . secondly , the very title of this act ( an act to prevent inconveniences which may happen by the untimely adjourning , proroguing or dissolution of this present parliament ) intimates as much , compared with the body of it , which provides , as wel against the adjourning and proroguing of both or either houses without an actof parliament , as against the dissolution of the parliament without an act. now the parliament cannot possibly be said to be adjourned or pr●…gued in any way or sence , much less untimely , by the kings death , ( which never adjourned or prorog●…d any parliament , ) but only by his proclamation , writ , or royal command , to the houses or their speaker , executed during his life ; as all our journals , ‖ parliament rolls and * law-books resolve , though it may be dissolved by his death , as wel as by his proclamation , writ , or royal command . and therefore this title and act coupling adjourning , proroguing and dissolving this parliament together without consent of both houses , by act of parliament , intended only a dissolution of this parliament by such prerogative wayes and meanes by which parliaments had formerly been untimely adjourned and prorog●…ed as well as dissolved by the kings meer will without their assents ; not of a dissolution of it by the kings death which never adjourned nor prorogued any parliament , nor dissolved any formerly sitting parliament in this kings reign , or his ancestors since the deathof king henry the th ; the only parliament we read of dissolved by death of the king since the conquest ; and so a mischief not intended nor remedied by act . thirdly , the prologue of the act implies as much ; whereas great sums of money must of necessity be speedily advanced & procured for the relief of his majesties army and people ( not his heirs or successors ) in the northern parts : &c. and for supply of other his majesties present and urgent occasions ( not his heirs or successors future occasions ) which cannot be so timely effected as is requisite , without credit for raising the said monies ; which credit cannot be attained , until such obstacles be first removed as are occasioned by fear , jealousies and apprehensions of divers of his majesties loyal subjects that the parliament may be adjourned , prorogued or dissolued ( not by the kings sodain or untimely death , of which there was then no fear , jealousy or apprehension in any his majesties loyal subjects , but by his royal prerogative and advice of ill councellors ) before justice shall be duly executed upon delinquents ; ( then in being , nor sprung up since ) publique grievances ( then complained of ) r●…dressed , a firm peace betwixt the two nations of england and scotland concluded , and before sufficient provisions be made for the repayment of the said moneys ( not others since ) so to be raised : all which the commons in this present parliament assembled having duely considered , do therefore humbly beseech your majesty , ●…at it may be declared and enacted , &c. ●…ll which expressions , relate●… onely to his late majesty only , not his heirs and successours ; and the principal scope of this 〈◊〉 , to gain present credit to raise moneys to disband the scotish and english armies then lying upon the kingdom , being many yeers since accomplished ; yea and justice being since executed upon strafford , canterbury , and other delinquents then complained of ; the publick grievances then complained of ( as star-chamber , high-commission , ship-money , tonnage and poundage , fines for knighthood , bishops votes in parliament , with their courts and jurisdictions and the like ) redressed by acts soon after passed , and a firm peace between both nations concluded before the wars began ; and this preamble's pretentions for this act fully satisfied divers years before the king's beheading ; it must of necessity be granted , that this statute never intended to continue this parliament on foot after the kings decease ; especially after the ends for which it was made were accomplished : and so it must necessarily be dissolved by his death . fourthly , this is most clear by the body of the act it self : and be it declared and enacted by the king our soveraign lord , with the assent of the lords & commons in this present parliament assembled , & by the authority of the same , that this present parliament now assembled , shall not be dissolved , unlesse it be by act of parliament to be passed for that purpose ; nor shall any time or times during the continuance there of be prorogued or adjourned , unlesse it be by act of parliament to be likewise passed for that purpose . and that the house of peers shall not at any time or times during this present parliament be adjourned , unlesse it be by themselves ; or by their own order . and in like manner that the house of commons shall not at any time or times during this present parliament be adjourned unless it be by themselves , or by their own order . whence it is undeniable , . that this act was only for the prevention of the untimely dissolving , proroguing and adjourning of that present parliame nt then assembled , and no other . . that the king himself was the principal member of his parliament , yea , our soveraign lord , and the sole declarer and enacter of this law , by the lords and commons assent . . that neither this act for continuing , nor any other for dissolving , adjourning or proroguing this parliament could be made without , but only by and with the kings royal assent thereto ; which the lords and commons assembled in parliament in their * remonstrance of the . of may : oft in termin●… acknowledge , together with his negative voice to bils . . that it was neither the kings intention in passing this act to shut himself out of parliament , or create members of a parliament without a king , as he professed in his {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . c. . p. . nor the lords nor commons intendment to dismember him from his parliament , or make themselves a parliament without him ; as their foresaid remonstrance testifies , and the words of the act import : neither was it the kings , lords or commons meaning by this act to set up a parliament onely of commons ( much lesse of a remnant of a commons house selected by colonel pride , and his confederates of the army to serve their turns , and vote what they prescribed ) without either king or house of peers , much le●…se to give them any super-transcendent authority to vote down and abolish the king and house of lords , and make them no members of this present or any future parliaments , without their own order or a●…sent , against which so great usurpation and late dangerous unparliamentary encroachments this very act expresly provides in this clause , that the house of peers ( wherein the king sits as soveraign when he pleaseth ) shall not at any time or times during this present parliament be adjourned ( much less then dissolved , excluded , or suspended from sitting or voting , which is the greater , and that by their inferiours in all kindes , a fragment of the commons house , who can pretend no colour of jurisdiction over them , before whom they alwayes stood bare-headed , like so many grand-jury-men before the judges , and attended at their doors and bar to know their pleasures : ) unlesse it be by themselves , or by their own order . . that neither the king , lords nor commons intended to set up a perpetuall parliament , and intail it upon them , their heirs and successors for ever , by this act , which would cross and repeal the act for 〈◊〉 parliame●…ts made at the same time , and on the same * day in law ; but to make provision only against the untimely dissolving of this , till the things mentioned in the prèamble were accomplished and setled ; as the preamble , and those oft repeated words , any time or times during the continuance of this present parliament , conclude ; and that during his majesties reign and life , not after his death ; as these words coupled with the relief of his majesties army and people ; and for supply of his maj●…sties pre●…ent ●…nd urgent occasions in the preamble manifest . therefore this act can no wayes continue it a parliament after the kings beheading ; much lesse after the exclusion both of the king and lords house out of parliament by those now si●…ting , contrary to the very letter and provision of this act ; by which dev●…ce the king alone , had he conquered and cut off , or secluded by his forces the lords and commons house from sitting , might with much more colour have made himself an absolute parliament , to impose what taxes and laws he pleased , without lords or commons , on the people , by vertue of this act , then those few commons now sitting since his tryall and death doe . . the last clause of this act , and that all and every thing or t●…ings whatsoever done or to be done ( to wit , by the king or his authority ) for the adjournment , proroguing or dissolving of this present parliament , contrary to this present act , shall be utterly void and of none effect : now death , and a dissolution of this parliament by the kings death , cannot ( as to the king ) be properly s●…iled , a thing done , or to be done ( by him ) for the adjournment , proroguing or dissolving of this parliament , contrary to this present act ; which cannot make the kings death utterly voi●… and of none effect , by restoring him to his life again . therefore the dissolution of the parliament by the kings death , is cleerly out of the words and intentions of this act , especially so many yeers after its enacting . . this present parliament and every member thereof , being specially summoned by the kings w●…it , only to be his parliament and councell , and to conferre with him of the great and urgent affaires concerning him and his kingdom ; and these writs and elections of them , returned unto him and his court by indenture , and the persons summoned and chosen by vertue of them appearing only in his parliament , for no other ends but those expressed in his writs ; it would be both an absu●…dity and absolute impossibility to assert , that the houses intended by this act to continue this parliament in being after the kings beheading or death : unless they that maintain this paradox be able to inform me and those now sitting , how they can conferr and advise with a dead king of things concerning him and his kingdom ; and that even after they have extirpated monarchy it self , and made it treason to assert or revive it ; and how they can continue still his parliament and councell whose head they have cut off : and that without reviving or raising him from his grave , or enstalling his right heir and successor in his throne to represent his person ; neither of which they dare to doe , for fear of losing their own heads and quarters too , for beheading him . this tax therefore being imposed on the kingdom long after the kings beheading , and the parliaments dissolution by it , must needs be illegall and meerly void in law to all intents ; because not granted nor imposed in , but out of parliament ; by those who were then no commons nor members of a parliament , and had no more authority to impose any tax upon the kingdom , then any other forty or fifty commoners whatsoever out of parliament , who may usurp the like authority by this president to tax the kingdom or any county what they please , and then levy it by an army or force of armes , to the peoples infinite , endless oppression and undoing : this is my first and principall exception against the legality of this tax , which i desire the imposers and levyers of it most seriously to consider ; and that upon these important considerations from their own late declarations . first , themselves in their own declaration of the th february , . have protested to the whole kingdom : that they a●…e fully resolved to maintain ; and shall and will uphold , preserve , and ●…ep the fundamentall lawes of this nation , for , and concerning the preservation of the lives , properties and liberties of the peo●…le , with all things incid●…nt thereunto : which how it will stand with this tax imposed by them out of parliament , or their act concer●…ing new treasons ; i desire they would satisfie me and the kingdom , before they levy the one , or proceed upon the other against any of their follow-subjects , by meer arbitrary armed power against law and right . secondly , themselves in their declaration , expressing the grounds of their late proceedings , and setling the present government in way of a free-state , dated . martii , . engage themselves : to prooure the well-being of those ●…hom the●… serve : to renounce oppression , arbitrary power , and all opposition to the peace and freedome of the nation : and to prevent to their power , the reviving of tyrannie , injustice , and all former evils ( the only end and duty of all their labors ) to the satisfaction of all concerned in it . . they charge the late king for exceeding all his predecessors in the destruction of those whom he was bound to preserve ; to manifest which they instance in the loanes , unlawfull imprisonments , and other oppressions which produced that excellent law of the petition of right ; which were most of them again acted , presently after the law made against them , which was most palpa●… broken by him almost in every part of it , very soon after his solemn consent given unto it . ( ) his imprisoning and prosecuting members of parliament , for opposing his unlawfull will : and of divers ( ) worthy merchants for refusing to pay tonnage and poundage , because not granted by parliament ; yet ( ) exacted by him expresly against law ; and punishment of many ( ) good patriots , for not submitting to whatsoever ●…e pleased to demand , though never so much in breach of the known law . the multitude of projects and monopolies established by him . his designe and charge to bring in ( ) germane-horse , to awe us into slavery : and his hopes of compleating all by his grand project of ( ) ship-money , to subject every mans estate to whatsoever proportion he pleased to impose upon them . but above all the english army was laboured by the king to be engaged against the english parliament . a th●…ng of that ( ) strange impiety and unnaturalness for the king of england , to sheath their swords in one anothers bowels , that nothing can answer it but his owne being a foraigner : neither could it easily have purchased belief , but by his succ●…eding visible actions in ful pursu●…ance of the same . as the kings coming in person to the ( ) house of commons to seise the five members , whether he was followed with ( ) some hundreds of unworthy d●…baunched persons , a●…med with swords and pistols , and other armes ; and th●…y attending at the doore of the house , ready to 〈◊〉 whatsoever their leader should command them . the oppr●…ssions of the councell-table , star-chamber , high-commission , court-martiall , wardships , purveyances , afforestations , and many others of like nature , ( equalled , if not farr exceeded now by sundry arbitrary committees and sub-committees , to name no others in all manner of oppressions and injustice ) concluding thus : upon all these and many other unparalleld offences , upon his breach of faith , of oaths and protestations ; upon the cry of the blood of england and ireland : upon the tears of widows and orphans , and childless parents , and millions of persons undone by him , let all the world of indifferent men judg , whether the parliament ( you mean your selves only which made this declaration ) had not sufficient cause to bring the king to justice : and much more you if you imitate or exceed him in all or any of these , even by your own verdit ? . themselves charge the king with profuse donations of salaries and pensions to such as were found , or might be made fit instruments and promoters of tyranny : which were supplied not by the legal justifiable revenue of the crown , but by projects and illegal ways of draining the peoples purses ; all which mischief and grievance they say wil be prevented in their free state ; though the quite contrary way ; as appears by the late large donation of some thousands to mr. henry martin , the lord lisle , commissary general ireton and others of their members and instruments , upon pretence of arrears , or service , some of them out of the moneys now imposed for the releife of ireland . and must we pay taxes to be thus prodigally expended ? fourthly , they therein promise and engage , that the good old laws and customs of england the badges of our freedom ( the benefit whereof our ancesters enjoyed long before the conquest , and spent much of their blood to have confirmed by the gre●…t charter of the liberties ) and other excellent laws which have continued in all former changes , and being duly executed , are the most just , free and equal of any other laws in the world ; shall be duly continued and maintained by them ; the liberty , property and peace of the subject being so fully preserved by them , and the common interest of those whom they serve . and if those lawes should be taken away , all industry must cease ; all misery blood and confusion would follow , and greater calamities , if possible , then fel upon us by the late kings misgovernment , would certainly involve all persons , under which they must inevitably perish . . they therein expresly promise . p. . to order the revenue in such a way , that the publick charges may be defrayed ; the souldiers pay justly and duly setled : that free-quarter may be wholy taken away and the people be eased in their burthens and taxes : and is this now all the ease we feel ; to have all burthens and taxes , thus augmented ; and that against law by pretended acts made out of parliament , against all these good old lawes and statutes , our liberties and properties , which these new tax-masters have so newly and deeply engaged themselves to maintain and preserve without the least diminution ? thirdly , both houses of parliament joyntly , and the house of commons severally in the late parliament , with the approbation of all & consent of most now sitting , did in sundry ‖ remonstrances and declarations published to the kingdom , not only tax the king and his evil counsellors for imposing illegal taxes on the subjects , contrary to the forecited acts ; the maintenance whereof against all future violations and invasions of the peoples liberties and properties they made one principal ground of our late bloody expensive wars ; but likewise professed ; * that they were specially chosen and intrusted by the kingdom in parliament and owned it as their duty to hazzard their own lives and estates for preservation of those laws and liberties , and use their best endeavours that the meanest of the commonalty might enjoy them as their birthrights , as well as the greatest subject . that every honest man ( especially those who have taken the late protestation , and solemn league and covenant since ) is bound to defend the laws and liberties of the kingdom against wil and power , which imposed what payments they thought fit to drain the subjects purses , and supply those necessities ( which theiril counsel had brought upon the king and kingdom ) and that they would be ready to live and dye with those worthy and true-hearted patriots of the gentry of this nation and others , who were ready to lay down their lives and fortunes for the maintenance of their laws and liberties : with many such like heroick expressions . which must needs engage me ( a member of that parliament , and patriot of my country ) with all my strength and power to oppose this injurious tax , imposed out of parliament , though with the hazard of my life and fortunes ; wherein all those late members who have joyned in these remonstrances are engaged by them to second me ; under paine of being adjudged unworthy for ever hereafter to sit in any parliament or to be trusted by th●…ir counties and those for whom they served . and so much the rather to vindicate the late houses honour and reputation from those predictions and printed aspersions of the beheaded king ; (‖) that the maintenance of the laws , liberties , properties of the people , were but only guilded dissimulations and specious pretences to get power into their own hands , thereby to enable them to destroy and subvert both lawes , liberties , and properties at last . and not any thing like them , to introduce anarchy , democracy , parity , tyranny in the highest degree , and new formes of arbitrary government , and leave neither king nor gentleman : all which the people should too late discover to their costs and that they had obtained nothing by adhering to and compliance with them , but to enslave and undoe themselves , and to be last destroyed . which royal predictions many complaine we finde too truely verified by those who now bear rule , under the name and visour of the parliament of england , since its dissolution by the kings decapitation , and the armies imprisoning and seclusion of the members who above all others are obliged to disprove them by their answers as wel as declarations to the people , who regard not words but reall performances from these new keepers of their liberties ; especially in this first year of englands freedom engraven on all their publick seals , which else will but seal their selfdamnation and proclaim them the archest impostors under heaven . secondly , should i voluntarily submit to pay this tax , and that by vertue of an act of parliament made by those now sitting , ( some of whose elections have been voted void ; others of them elected by * new illegall writs under a new kind of seal , without the kings authority , stile , or seal , and that since the kings beheading , as the earl of pembroke , and lord edward howard , uncapable of being knights or burgesses by the common law and custome of parliament , being peers of the realm ( if now worthy such a title ) as was adjudged long since in the lord camoyes case , claus. dors. . r. . m. . and asserted by master selden in his titles of honor , part . . c. . p. . seconded by sir edward cook in his institut . p. , , , , , . ) as i should admit these to be lawfull members , and these unlawfull void writs to be good in law ; so i should thereby tacitly admit , & ex post facto assent to some particulars against my knowledg , judgment , conscience , oaths of supremacy , allegiance , protestation , and solemn league and covenant , taken in the presence of god himself , with a sincere he●…rt and reall intention to perform the same , and 〈◊〉 therein al the days of my life , without suffering my self directly or indirectly , by whatsoever combination , perswasion or terror to be withdrawn therefrom . as first , that there may be and now is a lawfull parliament of england actually in being , and legally continuing after the kings death , consisting only of a few late members of the commons house , without either king , lords , or most of their fellow-commons : which the very consciences and judgments of all now sitting , that know anything of parliaments , and the whole kingdom if they durst speak their knowledg , know & beleeve to be false , yea against their oaths and covenant . secondly , that this parliament ( so unduly constituted and packed by power of an army combining with them ) hath a just and lawful authority to violate the priviledges , rights , freedomes , customs , and alter the constitution of our parliaments themselves ; imprison , seclude , expel most of their fellow-members for voting according to their consciences ; to repeal what votes , ordinances and acts of parliament they please , ere●…t new arbitrury courts of war and justice 〈◊〉 a●…aign , condemn , execute the king himself , with the peers & commons of this realm by a new kind of martial law contrary to magna charta , the petition of right , and law of the land : dis-inherit the kings poste●…ty of the crown , extirpat monarchy , & the whole house of peers , change and subvert the ancient government , seals , law●… , writs ; legal proceedings , courts , and coin of the kingdom ; ●…ell and dispose of all the lands , revenues , jewels , goods of the crowne , with the lands of deans and chapters , as they think meet ; absolve themselves ( like so many antichristian popes ) with all the subjects of england and ireland , from all the oaths and engagements they have made to the kings majesty , his heirs and successors : yea , from their very oath of allegiance , notwithstanding this express clause in it ( which i de●…ire may be ●…riously and conscienciously considered by all who have sworne it ) i do ●…eleeve and in conscien●… am r●…olved , that neither the pope . norany person whatsoever hath power to absolve me of this oath , or any part thereof , which i acknowledge by good and ●…ull authority to be lawfully ministred unto me and do renounce all pardons and dispensations to the contrary : dispense with our protestations , solemn league and covenant , so lately * zealously u●…ged and injoyned by both houses on members , officers , ministers , and all sorts of p●…ople throughout the realm : dispose of all the forts , ships , forces , offices and places of honour , power , trust or profit within the kingdom to whom they please ; to displace and remove whom they will from their offices , trusts , pensions , callings , at their pleasures without any legall cause or tryall : to make what new acts , lawes , and reverse what old ones they think meet , to insnare , inthral our consciences , estates , liberties , lives : to create new monstrous treasons never heard of in the world before ; and declare r●…ll treasons against king , kingdome , parliament , to be no tr●…asons , and loyalty , allegi●…nce , due obedience to our knowne lawes , and consciencious observing of our oaths and covenant ( the breach whereof would render us actuall traytors and perjurious persons ) to be no lesse then high treason , for which they may justly imprison , dismember , disfranchise , displace and fine us at their wills ( as they have done some of late ) and confiscate our persons , liv●…s to the gallowes , and our estates to their new exchequer ; ( a tyranny beyond all tyrannies ever heard of in our nation , repealing magna charta , c. . . e. . c. . . edw. . cap. . . ed. . c. . . e. c. . . e. . cap. . . ed. . cap. . . r. . c. . . h. . c. . . h. . rot. par. n. . . e. . c. . mar. c. . the petition of right , caro●… , and laying all our * laws , liberties , estates , lives in the very dust after so many bloody and costly years wars to defend them against the kings invasions ) rayse and keep up what forces they will by sea and land , impose what heavy taxes they please , and renew , increase , multiply and perpetuate them on us as often and as long as they please , to support their own encroached , more then regall , parliamentall , super-transcendent arbitrary power over us , and all that is ours or the kingdoms , at our private and the publique charge against our wils , judgments , consciences , to our absolute enslaving , and our three kingdom●… r●…ine , by engaging them one against another in new civill wars , and exposing us for a prey to our forraign enemies . all which , with other particulars , lately acted and avowed by the imposers of this tax , by colour of that pretended parliamentary authority by which they have imposed it , i must necessarily admit , acknowledg to be just and legall by my voluntary payment of it , of purpose to maintain an army , to justifie and make good all this by the meer power of the sword , which they can no waye●… justifie and defend by the lawes of god or the realm , before any tribunall of god or men , when legally arraigned , as they shal one day be . neither of which i can or dare acknowledg , wi●…hout incurring the guilt of most detestable perjury , and highest treason , against king , kingdom , parliament , laws and liberties of the people ; and therfore cannot yeeld to this assessment . thirdly , the principal ends and uses proposed in the pretended act and warrants thereupon for payment of this tax , are strong obligations to me , in point of conscience , law , prudence , to withstand it ; which i shall particularly discuss . the ●…irst is , the maintenance and contiuuance of the present army and forces in england under the lord fairfax . to which i say , first , as i shall with all readiness , gratitude and due respect , acknowledg their former gallantry , good and faithfull services to the parliament and kingdom , whiles they continued dutifull and constant to their first engagements , and the ends for which they were raised by both houses , as far forth as any man ; so in regard of their late monstrous defections , and dangerous apostacies from their primitive obedience , faithfulness , and engagements in disobeying the commands , and levying open war against both houses of parliament , keeping an horrid force upon them at their very doors ; seising , imprisoning , secluding , abusing , and forcing away their members , printing and publishing many high and treasonable declarations against the institution , priviledges , members and proceedings of the late , and being of all future parliaments ; imprisoning , abusing , arraigning , condemning and executing our late king , against the votes , faith , and engagements of both houses , and dis-inheriting his posterity , usurping the regall , parliamentall , magistraticall , and ecclesiasticall power of the kingdom to their generall-councell of officers of the army , as the supreme swaying authority of the kingdom , and a●…empting to alter and subvert the ancient government , parliaments , laws , and customs of our realm : and upon serious consideration of the ordinary , unsufferable assertions of their officers and souldiers uttered in most places where they quarter , and to my self in particular , sundry times , * that the whole kingdom , with all our lands , houses , goods , and whatsoever we have , is theirs , and that by right of conquest , they having twice conquered the kingdom : that we are but their conquered slaves and vassals , and they the lords and heads of the kingdom : that our very lives are at their mercy and courtesie . that when they have got ten all we have from us by taxes and free-quarter , and we have nothing left to pay them , then themselves will sei●…e ●…pon our lands as their own , and turn us and our families out of doors : that there is now no law in england ( nor never was , i●… we beleeve their lying oracle peters ) but the sword ; with many such like vapouring speeches and discourses , of which there are thousands of witnesses : i can neither in conscience , law , nor prudence assent unto , much less contribute in the least degree for their present maintenance , or future continuance , thus to insult , inslave , and tyrannize over king , kingdom , parliament , people at their pleasure , like their conquered vassals . and for me in particular to contribute to the maintenance of those , who against the law of the land , the priviledges of parliament , and liberty of the subject , pulled me forcibly from the commons house , and kept me prisoner about two months space under their martiall , to my great expence and prejudice , without any particular cause pretended or assigned , only for discharging my duty to the kingdom , and those for whom i served in the house , without giving me the least reparation for this unparallell'd injustice , or acknowledging their offence ( and yet detain some of my then fellow-members under custodie by the meer power of the sword , without bringing them to triall ) would be , not only absurd , unreasonable , and a tacit justification of this their horrid violence , and breach of priviledg , but monstrous , unnaturall , perfidious , against my oath and covenant . . no tax ought to be imposed on the kingdom in parliament it self , but in case of necessity , for the common good , as is clear by the stat. of e. . c. . & cooks instit. p. . now it is evident to me , that there is no necessity of keeping up this army for the kingdoms common good , but rather a necessity of disbanding it , or the greatest part of it , for these reasons : . because the kingdom is generally exhausted with the late years wars , plunders and heavy taxes ; there being more moneyes levied on it by both sides , during these eight last yeares , then in all the kings reigns since the conquest , as will appear upon a just computation : all counties being thereby utterly unable to pay it . . in regard of the great decay of trade , the extraordinary dearth of cattell , corn , and provisions of all sorts ; the charge of relieving a multitude of poor people , who starve with famine in many places , the richer sort eaten out by taxes and free-quarter , being utterly unable to relieve them . to which i might adde the multitude of maimed souldiers , with the widows and children of those who have lost their lives in the wars , which is very costly . . this heavie contribution to support the army , destroies all trade , by fore-stalling and engrossing most of the monies of the kingdom , the sinews and life of trade ; wasting the provisions of the kingdom , and enhancing their prices , keeping many thousands of able men and horses idle , only to consume other labouring mens provisions , estates , and the publick treasure of the kingdom , when as their employment in their trades and callings , might much advance trading , and enrich the kingdom . . there is now no visible enemy in the field or garrisons , and the sitting members boast there is no fear from any abroad , their navie being so victorious . and why such a vast army should be still continued in the kingdom to increase its debts and payments , when charged with so many great arrears and debts already , eat up the country with taxes and free-quarter , only to play , drink , whore , steale , rob , murther , quarrell , fight with , impeach and shoot one another to death as traitors , rebels , and enemies to the kingdom and peoples liberties , as now the levellers and cromwellists doe , for want of other imployments , and this for the publick good , transcends my understanding . . when the king had two great armies in the field , and many garisons in the kingdom , this whole army by its primitive establishment , consisted but of twenty two thousand horse , dragoons and foot , and had an establishment only of about fortie five thousand pounds a month for their pay ; which both houses then thought sufficient , as is evident by their (o) ordinances of febr. . . and april . . and when the army was much increased without their order , sixty thousand pounds a month was thought abundantly sufficient by the officers and army themselves , to disband and reduce all super-numeraries , maintain the established army and garisons , and ease the country of all free-quarter ; which tax hath been constantly paid in all counties . why then this tax to the army should now be raised above the first establishment , when reduced to twenty thousand , whereof sundry regiments are designed for ireland , ( for which there is thirty thousand pounds a month now exacted , besides the sixty for the army ) and this for the common good of the realm , is a riddle unto me , or rather , a mystery of iniquity , for some mens private lucre , rather then the publick weal . . the militia of every ●…ounty ( for which there was so great contest in parliament with the late king ) and those persons of livelihood and estates in every shire or corporation who have been cordiall to the parliament and kingdom heretofore , put into a posture of defence under gentlemen of quality and known integrity , would be a far agreater guard to secure the kingdom against forreign invasions or domestick insurrections , then a mercenary army of persons and souldiers of no fortunes , and that with more generall content , and the tenth part of that charge the kingdom is now at to maintain this armie , and prevent all danger of the undoing pest of free-quarter . therefore there is no necessity to keep up this army , or impose any new tax for their maintenance , or defraying their pretended arrears , which i dare averr , the free-quarter they have taken in kinde , and levied in money , if brought to a just account , as it ought , will double , if not treble most of their arrears , and make them much indebted to the country . and no reason they should have full pay and free-quarter too , and the country bear the burthen of both , without full allowance of all the quarters levied or taken on them against law , out of their pretended arrears . and if any of the sitting tax-makers here object , that they dare not trust the militia of the cities and counties of the realm with their own or the kingdoms defence : therefore there is a necessity for them to keep up the army , to prevent all dangers from abroad , and insurrections at home . i answer , . that upon these pretences these new lords may intail and enforce an army , and taxes to support them , on the kingdom till dooms-day . . if they be real members who make this objection , elected by the counties , cities and boroughs for which they serve , and deriving their parliamentall authority only from the people , ( the onely n●…w fountain of all power and authority , as themselves now dogmatize ) then they are but their servants and trustees , who are to allow them wages , and give them commission for what they act . and if they dare not now trust the people , and those persons of quality , fidelity , and estate , who both elected , intrusted and impowred them , and are the primitive and supreme power ; it is high time for their electors and masters [ the people ] to revoke their authority , trusts , and call them to a speedy account for all their late exorbitant proceedings , and mispence of the kingdoms treasure ; and no longer to trust those with their purses liberties , safety , who dare not now to confide in them , and would rather commit the safeguard of the kingdom to mercenary , indigent souldiers , then to those gentlemen , free-holders , citizens , burgesses , and persons of estate who elected them , whose trustees and attourneys onely they profess themselves , and who have greatest interest both in them and the kingdoms weal , and are those who must pay these mercenaries , if continued . . the gentlemen and free-men of england have very little reason any longer to trust the army with the kingdoms , parliaments , or their own liberties , laws , and priviledges safeguard , which they have so oft invaded ; professing now , that they did not fight to preserve the kingdom , king , parliament , laws , liberties and properties of the subject ; but to conquer and pull them down , and make us conquered slaves in stead of free-men : averring , that all is theirs by conquest ( which is as much as the king and his cavaliers , or any forreign enemy could or durst have affirmed , had they conquered us by battel : ) and if so , then this army is not , cannot be upheld and maintained for the kingdoms and peoples common good and safety , but their enslaving , destruction , and the meer support of the usurped power , authority , offices , wealth and absolute domination only of those who have exalted themselves for the present , above king , parliament , kingdom , laws , liberties , and those that did intrust them , by the help of this trust-breaking army , who have * lost and stained all the glory of their former noble victories and heroick actions , by their late degenerous unworthy practices , and are become a reproach to the english nation in all christian kingdoms and churches . the second end of this heavie tax , is the support and maintenance of the forces in i●…land , for which there was only twenty thousand pounds a month formerly allowed , now mounted unto●… thirty thousand . to which i answer in the first place , that it is apparent by the printed statutes of . e. . c. . e. c. . . . ed. . c. . . ed. . c. . h. . c. . c●…oks institutes●… p. . and the protestation of all the commons of england in the parliaments of hen. . num . . and . h. . num . . that no free-man of england ought to be compelled to go in person●…●…r to finde souldiers , arms , conduct mone●… , wages , or pay any tax for or towards the maintenance of a●…y forreign war in ireland , or any other parts beyond the sea , without their free consents in full parliament . and therefore this tax to maintain souldiers and the warr in i●…eland ( neither imposed in parliament , much lesse in a full and free one , as i have proved ) must needs be illegall , and no ways obligatory to me , or any other . . most of the ancient forces in irel nd ( as the brittish army , scots and inchiqueen's , towards whose support the twenty thousand pounds a month was designed ) have been long since declared rebels , t●…aytors , revolters , and are not to share in this contribution : and those now pretending for ireland , being members of the present army , and to be paid out of that establishment , there is no ground at all to augment , but to decrease this former monthly tax for ireland , over what it was before . . many of those now pretending for ireland , have been the greatest obstructers of its relief heretofore : and many of those designed for this service by lot , have in words , writing and print protested they never intend to go thither , and disswade others from going , yet take free-quarter on the country and pay too under that pretext . and to force the country to pay contribution and give free quarter to such cheaters and impostors , who never intend this service , is both unjust and dishonourable . . if the relief of ireland be now really intended , it is not upon the first , just and pious grounds , to preserve the protestant party there from the forces of the bloody , popish , irish rebels , with whom ( if report be true ) these sitting anti-monarchists seek and hold correspondence , and are now actually accorded with owen roe-oneal , and his pary of bloudiest papists ; but to oppose the kings interest and title to that kingdom ( * setled on him , his heirs & successors for ever by an express act of parliament made in ireland , . h. . c. . and by the stat. of jac. c. . made in england , yet unrepealed , ) and the protestant remaining party there , adhering to , and proclaiming , acknowledging him for their soveraign ; lest his gaining of ir●…land should prove fatall to their usurped soveraignty in england , or conduce to his enthroning here : and by what authority these now sitting can impose , or with what conscience any loyal subject who hath tagen the oaths of supremacy , allegeance , and cov●…nt , can voluntarily pay any contribution to deprive the king of his hereditary right , and undoubted title to the kingdoms & crowns of england & ireland , and alter the frame of the ancient government and parliaments of our kingdoms , p remo●…strated so often against by both houses , and adjudged high treason in canterburies and straffords cases , for which they were beheaded ; and by themselves in the kings own case , whom they decolled likewise ( without incurring the guilt of perjury and danger of high treason , to the loss of his life & estate , by the very laws and statutes yet in force transcends my understanding to conceive : wherfore i neither can , nor dare , in conscience , law or prudence , submit to this contribution . fourrhly , the coercive power , and manner of levying this contribution , expressed in the act , is against the law of the land , and liberty of the subject , which is threefold . first , distresse and sale of the goods of those who refuse to pay it ; with power to break open their houses ( which are their castles ) doors , chests , &c. to distrain ; which is against magna charta c. . the petition of right ; the votes of both houses in the case of ship-mony , r. . c. . and the resolution of our judges and law-books . . ed. . . . e. . . cook report , f. , . semains case , and . inst. p. . . secondly , imprisonment of the body of the party till he pay the contribution , being contrary to magna charta , the petition of right , the resolution of both houses in the parliament of caroli , in the case of loans ; and caroli , in the case of ship-mony , the judgment of our judges and law-books , collected by sir edward cook . in his inst. p. . &c. and the statute of . h. . rot. parl. n. . unprinted , but most expresse in point . thirdly , levying of the contribution by souldiers and force of arms , in case of resistance , and imprisoning the person by like force : adjudged high treason in the case of the earl of strafford , and a levying of war within the statute of . ed. . by the late parliament , for which he lost his head : and so proved to be at large by master st. iohn in his argument at law at the passing the bill for his attainder , printed by order of the commons house . fourthly , ( which heightens the illegality of these illegall means of levying it ) if any person whose goods are destrained , or person imprisoned for this illegall tax , shall bring his action at law , or an habeas corpus for his relief , the committee of indempnity will stay his legall proceedings , award costs against him , and commit him anew till he pay them , and release his suits at law , and upon an habeas corpus , their own sworn judges ( created by them , without any oath to do equal justice , &c. to all : but only to be true and faithfull to their new-erected state : ) dare not bayl but remaund him against law ; an oppression and tyranny , far exceeding the worst of the beheaded kings ; under whom the subjects had free-liberty to sue and proceed at law both in the cases of loanes , shipmony and knighthood , without any councel 〈◊〉 , committee of indempnity to stop their suits , or inforce them to release them ; and therefore in all these respects ( so repugnant to the laws and liberty of the subject ) i cannot submit to this illegall tax , but oppugn it to the utetrmost , as the most invasive on laws and liberties , that ever was . fifthly , the time of imposing this illegall tax , with these unlawfull ways of levying it , is very considerable and sticks much with me ; it is ( as the imposers of it declare and publish in many of their new kind of acts and devices ) in the first yeare of englands liberty , and redemption from thraldom . and if this unsupportable tax , thus illegally to be levied , be the first fruits of our first years freedom , and redemption from thraldom , as they stile it ; how great may we expect our next years thraldome will be , when this little finger of theirs is heavier by far then the kings whole loyns , whom they beheaded for tyranny and oppression ? sixthly , the order of this tax ( if i may so term a disorder ) or rather newnesse of it , engageth me , and all lovers of their countries liberty , unanimously to withstand the same . it is the first , i finde , that was ever imposed by any who had been members of the commons house after a parliament dissolved ; the lords house voted down , and most of their fellow . commoners secured or secluded by their con●…ivance or confederacy with an undutifull army . which if submitted to , and not opposed as illegall , not only the king or lords alone without the commons , bu●… any forty or fifty commoners , who have been members of a parliament , gaining forces to assist and countenance them , may out of parliament now , or any time hereafter , do the like , and impose what taxes and laws they please upon the kingdom , and the secluded lords and com●…ons that once sate with them , being encouraged thereto by such an unopposed precedent . which being of so dangerous consequence and eximple to the constitution and priviledges of parliament , and liberties of the people , we ought all to endeavour the crushing of this new cockatrice in the shell , lest it grow to a fiery serpent , to consume and sting us to death , and induce the imposers of it , to lade us with new and heavier taxes of this kinde , when this expires ( which we must expect , when all the kings , b shops , deans and chapters lands are shared amongst them , sold and spent ) as they will quickly be if we patiently submit to this leading decoy ; since (q) bonus actus inducit consuetudinem , as our ancestors resolved , anno . in case of an unusuall tax demanded by the pope ; whereupon they all unanimously opposed it at first ; (r) opprime dum nova sunt subiti mala semina morbi : principiis obsta ; serò medecina paratur cum mala per longas invaluere moras , being the safestrule of state-physick we can follow in such new desperate diseases , which endanger the whole body-politick . upon which grounds the most consciencious gentlemen and best patriots of their country opposed loans , ship-money , tonnage , poundage , knighthood , and the late illegall impositions of the king and his councell in the very beginnings of them , and thought themselves bound in conscience , law , prudence so to do , though there were some colourable reasons and precedents of former times pretended to countenance them . and if these worthies conceived themselves thus obliged to oppose those illegall impositions of the king and his councel , though countenanced by some judges opinions as legall , to their immortal honour , and high esteem both in country and parliament , who applauded them as the (*) principal maintainers of their countries liberties ; then much more ought i , and all other tenderers of their own and countries freedom , to oppose this illegal dangerous contribution imposed on us by a few fellow-subjects only , without yea against all law or president to countenance it , being of greater consequence , and worser example to the kingdom , then all or any of the kings illegal projects or taxes . seventhly , the excessivenesse of this tax , much raised and encreased , when we are so exhausted , and were promised and expected ease from taxes , both by the army in their remonstrance , november . . and by the (*) imposers of it●… amounting to a sixt part , if not a moyety of most mens estates , is a deep engagement for me to oppose it ; since taxes , as well as (s) fines and amerciaments ought to be reasonable ; so as men may support themselves and their families , and not be undone , as many wil be by this , if forced to pay it by distresse or imprisonment . upon this ground , in the parliament records , of and ed. the third , we find divers freed from payment of tenths , and other taxes lawfully imposed by parliament , because the people were impoverished and undone by the warres , who ought to pay them . and in the printed . statutes of henr. . c. . mariae c. . to omit others , we find subsid●…es mitigated and released by subsequent acts of parliament , though granted by precedent , by reason of the peoples poverty any inability to pay them . yea somtimes we read of something granted them by the king , by way of aid to help pay their subsidies , as in . edward . rastal , tax . . and . ed. . c. . and for a direct president in point : when (t) peter rubie the pope's legat in the yeer . exacted an excessive unusual tax from the english clergie ; the whole clergy of berk-sbire ( and others ) did all and every of them unanimously withstand it , tendring him divers reasons in writing of their refusal , pertinent to our time and present tax ; whereof this was one , that the revenues of their churches scarce sufficed to find them daily food , both in regard of their smalness , and of the present dearth of corns ; and because there were such multitudes of poore people to relieve , some of which dyed of famin , so as they had not enough to suffice themselves and the poore . whereupon they ought not to be com●…elled to any such contribution : which many of our clergie may now likewise plead most truly , whose livings are small , and their tithes detained ; and divers people of all ranks and callings , who must sell their stocks , beds , and all their houshold-stuffe , or rot in prison , if forced to pay it . eighthly , the principal inducement to bring on the paiment of this tax , is a promise of taking off the all-devouring and undoing grievance of free-quarter : which hath ruined many countreys and families , and yet they must pay this heavy tax to be eased of it for the future , instead of being paid and allowed for what is already past , according to (u) former engagements . against which i have these just exceptions . . that the taking of free-quarter by soldiers in mens houses , is a grievance against the very common-law it self , which defines every mans house to be his castle and sanctuary , into which none ought forcibly to enter against his will ; and which with his goods therein he may lawfully (x) fortifie and defend against all intruders whatsoever , and kill them without any danger of law : against all the statutes concerning (y) purveyers , which prohibit the taking of any mens goods or provisions against their wills , or payment for them under pain of felony , though by commission under the great seal of england . against the expresse letter and provision of the petition of right , . caroli . condemned by the commons house in their (z) declaration of the state of the kingdom of the . december , . and charged as an article against king richard the second when deposed , in the parliament of h. . nu . . yea , it is such a grievance , as exposeth the houses , goods , provisions , moneys , servants , children , wives , lives , and all other earthly comforts we enjoy , to the lusts and pleasure of every domineering officer , and unruly common souldier . therefore absolutely to be abolished without any compensation : and to impose an unjust , heavy tax , and induce people to pay it upon hopes of freeing them from free-quarter , but to impose one grievance upon pretext to remove another . . there have been many promises , declarations and orders of both houses and the generall , for taking off free quarter heretofore , upon the peoples paying in their contributions before land , now ; and then none should free quarter on them , under pain of death : yet no sooner have they pay'd in their contribution , but they have been freequartered on as much or more then formerly : the souldiers , when we tell them of any orders against free-quarter , slighting them as so many wast papers , and carrying themselves more unruly : and when complaint thereof hath been made to the officers , members , or the committee for the army , or in the house ; answer hath still been made , that as long as there is an army on foot , there will be freequarter taken , and there can be no prevention of it , there being a nec●…y of it : and when any have craved allowance of it , they have ●…ound so many put-offs and delayes , and such difficulties in obtaining it , that their expences have equalled their allowance ; and after allowances made , the moneys allowed have been called for again . so as few have had any allowance for quarters , and most have given over suing for them , being put to play an after-game to sue for them after all their contributions first paid , and not permitted to deduct them out of their contributions , as in justice and reason they ought , which they are still enforced to pay without deduction . this pretext therefore of taking a way free-quarter , is but a shoo-horn to draw on the payment of this tax , and a fair pretext to delude the people , as they finde by sad experience every-where , and in the county and hundred where i reside . for , not to look back to the last yeers free-quarter taken on us ( though we duly paid our contributions , ) in april and may last past , since this very tax imposed for taking away free-quarter , colonel harrisons troopers under the command of captain spencer , ( who quartered six days together in a place , and exacted and received most of them s. others s. d. and the least s. d. a day for their quarters , telling their landlords , that their lands , and the whole kingdom was theirs ) have put bathwick , bathford , claverton , combe , hampton , soustock , walcot and widcombe , small parishes in our hundred and liberty , as they will prove upon oath , and given it me under their hands , to li. s. d. charge ; beside their quarters in other parishes of the hundred , sir hardresse wallers souldiers upon pretext of collecting arrears of contribution not due from the hundred , put it to at least l. charge more for free-quarter , they being very rude and disorderly ; and no sooner were we quit of them , but on the and of may last , col. hunks his foot under the conduct of captain flower and captain eliot pretending for ireland , but pro●…essing they never intended to go thither , marching from minehead and dunster ( the next westerne ports to i●…eland further from it to oppresse the country , put bathwich , l●…idge , wolly , b●…theastan , katherin and ford to l. s. and s●…swick ( where i live ) to about l. expences for two dayes free-quarter ( by colour of the generals order dated the first of may●… being the rudest and deboistest in all kinds , that ever quartered since the warrs , and far worse then the worst of goring's men , whereof some of them were the dreggs , and their captain flower , a cavalier heretofore in arms ( as is reported ) against the parliament . their carriage in all places was very rude , to extort money from the people , drawing out their swords , ransacking their houses , beating and threatning to kill them , if they would not give them two shillings six pence , three shillings , three shillings six pence , or at least two shillings a day for their quarters , which when extorted from some , they took free-quarter upon others , taking two , three , and some four quarters a man : at my house they were most exorbitant , having ( as their quarter-master told me , who affirmed to me they had twice conquered the kingdom , and all was theirs ) directions from some great ones above , from some others in the country ( intimating some of the committee , ) and their own officers ( who absented themselves purposely , that the souldiers might have none to controll them ) to abuse m●… . in pursuance whereof , some thirty of them coming to my house , shouting and hollowing in a rude manner on may , when their billet was but for twenty , not shewing any authority , but onely a ticket , [ mr. prynne — ] climbed over my walls , forced my doors , beat my servants and workmen without any provocation , drew their swords upon me , ( who demanded whose souldiers they were , by what authority they demanded free-quarter , my house being neither inne , nor ale-house ; and free-quarter against law and orders of parliament , and the generals ) using many high provoking speeches , brake some of my windows , forced my strong-beer cellar-door , and took the key from my servant , ransacked some of my chambers under pretext to search for arm●… , taking away my servants clothes , shirts , stockings , bands , cu●…s , handkerchiefs , and picking the money out of one of their pockets ; hallowed , roared , stamped , beat the tables with their swords and muskets like so many bedlams , swearing , cursing , and blaspheming at every word ; brake the tankards , bottles , cups , dishes wherein they fetched strongb●…er , against the ground , abused my maid servants , throwing bee●… & other good provisions at their heads , and casting it to the dogs , as no fit meat for souldiers , and the heads and conquerors of the kingdom , as they called themselves ; searched the out-houses for turkies , which they took for their eggs and young ones , v●…al and mutton being not good enough for them : they continued drinking and roaring before , at and after supper , till most of them were mad , drunk , and some of them dead drunk under the table . then they must have beds provided for them ( for they would lye but two in a bed ) and all their linnen washed : my sister answering them , that there were not so many beds in the house , and that they must be content as other souldiers had been , with such beds as could be spared ; they thereupon threatned to force open her camber door , and to pull her and her children out of their beds , unlesse she would give them three shillings a peece for their beds , and next dayes quarters ; and at last forced her for feare of their violence ( being all drunk ) to give them eighteen pence a peece , assoon as they were forth of doors , and six pence a peece the next day , if they marched not ; whereupon they promised to trouble the house no more . upon this agreement all but eight ( who were gone to bed ) departed that night , and the rest the next morning . but i going to the lecture at the bath , some thirty of them in my absence came about ten of the clock , notwithstanding the moneys received of my sister for their quarters , re-entred the house , and would have quarters again , unlesse she would give them three shillings a peece ; which she refusing , they thereupon abused and beat the servants and workemen , forced them to drink with them all that day and night , swearing , cursing , roaring like so many furies and devils , brake open my parlour , milk-house , and garden-doors , abused my pictures and brake an hole in one of them ; and hacked my table-boards with their swords from one end to the other , threw the chairs , stools , meat , drink about the house ; assaulted my sister , and her little children , and maid-servants with their naked swords , threatning to kill them , and kick them to gelly , shot at them with their musquets , forced them out of the house to save their lives : which i hearing of , repaired to my house , and finding them all so bedlam mad , and that they would not hearken to any reason , nor be quieted , i thereupon rode to seek their captain and officers at bath , who purposely absented themselves : and not finding them till the next morning , i acquainted the captain then ( as i had done the first night by letter ) with all these unsufferable outrages of the souldiers ( contrary to the generals order to carry themselves civilly in their quarters , and abuse none in word or deed ) which would render him and them odious , not onely to the country and kingdom , but all officers and souldiers who had any civility in them , and be a disparagement to the generall , by whose proclamation he ought to be present with his company , to keep them in good order , under pain of cashiering : and therefore i expected and required justice and reparations at his hands ; the rather , because i was informed by some of his own souldiers and others , that they had not been so barbarously rude , but by his incouragement : which if he refused , i should complain of him to his superiours , and right my self the best way i might . after some expostulations , he promised to make them examples , and cashier them , and remove them forthwith from my house : but the onely right i had , was , that more of his company repaired thither , making all the spoil they could , and taking away some brasse and pewter , continuing there till neer four of the clock ; and then marched away onely out of fear i would raise the country upon them ; many of whom profered me their assistance : but i desired them to forbear till i saw what their officers would do ; who in stead of punishing any of them , permitted them to play the like rex almost in other places where they quartered since , marching but three or four miles a day , and extorting what money they could from the country by their violence and disorders . now , for me , or any other to give moneys to maintain such deboist bedlams and beasts as these ( who boasted of their villanies , and that they had done me at least twenty pounds spoil in beer and provisions , drinking out five barrels of good strong beer , and wasting as much meat as would have served an hundred civill persons ) to be masters of our houses , goods , servants , lives , and all we have , to ride over our heads like our lords and conquer●urs , and take free-quarter on us , amounting to at least a full yeers contribution , without any allowance for it , and that since the last orders against free-quarter , and warrants for paying in this tax to prevent it for the future , issued ; is so far against my reason , judgment and conscience , that i would rather give all away to suppresse discard them , or cast it into the fire , then maintain such graceless wretches with it to dishonour god , enslave , consume , ruine the country and kingdom ; who every where complain of the like insolencies ; and of taking free-quarter since the ninth of june , as above two hundred of colonel cox his men did in bath the last lords day ; who drew up in a body about the majors house , and threatned to seise and carry him away prisoner for denying to give them free-quarter , contrary to the new act for abolishing it . lastly , this pretended act implies , that those who refuse to pay this contribution without distresse or imprisonment shall be still oppressed with free-quarter : and what an height of oppression and injustice this wil prove , not only to distrain and imprison those who cannot in conscience , law or prudence submit to this illegall tax , but likewise to undo them , by exposing them to free-quarter , which themselves condemn as the highest pest and oppression , let all sober men men consider : and what reason i and others have to oppose such a dangerous , destructive president in its first appearing to the world . in few words ; as long as we keep an army on foot , we must never expect to be exempted from free-quarter or wars , or to enjoy any peace or setlement : and as long as we wil submit to pay contributions to support an army , we shall be certain our new lords and governors will continue an army to over-aw and enslave us to their wils . therefore the onely way to avoid free-quarter , and the cost and trouble of an army , and settle peace , is to deny all future contributions . ninthly , the principal end of imposing this tax to maintain the army and forces now raised , is not the defence and safety of our ancient and first christian kingdom of england , its parliaments , laws , liberties and religion , as at first ; but to disinherit the king of the crown of england , scotland , and ireland , ( to which he hath an undoubted right by common and statute law ; as the parliament of jacobi ch. . resolves ) and to levie war against him , to deprive him of it : to subvert the ancient monarchical government of this realm , under which our ancesters have always lived and flourished , to set up a new-republick , the oppressions and grievances whereof we have already felt ( by increasing our taxes , setting up arbitrary courts and proceedings to the taking away the lives of the late king , peers , and other subjects , against the fundamental laws of the land , creating new monstrous treasons never heard of in the world before , and the like ; ) but cannot yet enjoy or discern the least ease or advantage by it : to overthrow the ancient constitution of the parliament of england , consisting of king , lords , and commons , and the rights and priviledges thereof : to alter the fundamental laws , seals , courts of justice of the realm , and introduce an arbitrary government at least , if not tyrannical , contrary to our laws , oaths , covenant , protestation , (a) publick remonstrances and engagements to the kingdom and forreign states , not to change the government , or attempt any of the premises . all which being no less then high treason by the laws and statutes of the realm ( as sir edward cook in his . institutes ch. . and mr. st john in his argument at law , upon passing the bill of attainder of the earl of strafford ( both printed by the commons special order ) have proved at large by many precedents , reasons , records ; and so adjudged by the last parliament in the cases of strafford and canterbury , who were condemned and executed as traitors by judgment of parliament , and some of these now sitting , but for some of those treasons upon obscurer evidences of guilt , then are now visible in other : i cannot submit thereto , without incurring the crime and guilt of thefe severall high tre●…sons , and the eternal , if not temporal punishments incident thereunto , if i should volutarily contribute so much as one penny or farthing towards such treasonable and disloyal ends as these , against my conscience , law , loyalty and duty , and all my oaths and obligations to the contrary . tenthly , the payment of this tax for the premised purposes , will ( in my poor judgment and conscience ) be offensive to god and all good men , scandalous to the protestant religion , dishonourable to our english nation , and difadvantagious and destructive to our whole kingdom , hindering the speedy settlement of our peace , the re-establishment of our laws and government , abolishing of our taxes , disbanding of our forces , revivall of our decayed trade , by the renewing and perpetuating our bloody uncivill warrs ; engaging scotland , ireland , and all forreign princes and kingdoms in a just war against us , to avenge the death of our late beheaded king the dis-inherit●…ng of his posterity , and restore his lawfull heirs and successors to their just , undoubted rights , from which they are now forcibly secluded ; who will undoubtedly molest us with continuall warrs ( what-ever some may fondly conceit to the contrary ) till they be setled in the throne in peace upon just and honorable terms , and invested in their just possessions . which were far more safe , honorable , just , prudent , and christian for our whole kingdom voluntarily and speedily to do themselves , then to be forced to it at last by any forraign forces ; the sad consequences whereof we may easily conj●…cture , and have cause enough to fear , if we now delay it , or still contribute to maintain armies to oppose their titles , and protect the invaders of them from publick justice . and therefore i can neither in conscience , piety nor prudence , ensnare my self in the guilt of all these dangerous consequences , by any submission to this illegall tax . upon all these weighty reasons , and serious grounds of conscience , law , prudence , ( which i humbly submit to the consciences and judgments of all conscientious and judicious persons , whom they do or shall concern ) i am resolved by the assistance and strength of that omnipotent god ( who hath miraculously supported me under , and carried me through all my former sufferings for the peoples publick liberties with exceeding joy , comfort , and the ruine of my greatest enemies and opposers ) to oppugne this unlawfull contrbution , and the payment of it to the uttermost , in all just and lawfull wayes , i may ; and if any will forcibly levie it by distresse or otherwise , without law or right ( as theeves and robbers take mens goods and purses ) let them doe it at their own utmost perill . i trust god and men will in due season do me justice upon them , and award me recompence for all their injuries in this kinde , or any sufferings for my countries liberties . how ever , fall back , fall edge , i would ten thousand times rather lo●…e life , and all i have , to keep a good conscience , and preserve my native liberty , then part with one farthing , or gain the whole world with the losse of either of them ; and rather die a martyr for our ancient kingdom , then live a slave under any new republick , or remnant o●… a broken , dismembred , strange parliament of commons , without king , lords , or the major part of the knights , citizens and burgesses of the realme , in being subject to their illegal taxes , and what they call acts of parliament , which in reality are no acts at all to binde me , or any other subject , to obedience , or just punishment for non obedience thereunto , or non-conformity to what they stile the present government of the armies modeling , and i fear , the jesuites suggesting , to effect our kingdoms and religions ruine . william prynne . swainswick , june , . psal. . , . i have not sate with vain persons , neither will i go in with dissemblers : i have hated the congregation of evill doers , and will not sit with the wicked . finis . a postcsript . since the drawing up of the precedent reasons , i have met with a printed pamphlet , intituled , an epistle written the th day of june , by lieutenant colonel john lilburn , to master william lenthal speaker to the remainder of those few knights , citizens and burg●…es that col. thomas pride at his late purge thought convenient to leave sitting at westminster , ( as most fit for his and his masters designes , to serve their ambitious and tyrannicall ends , to destroy the good old laws , liberties and customs of england , the badges of our freedom , as the declaration against the king , of the th of march , . p. . calls them ) and by force of arms to rob the people of their lives , estates and properties ; and subject them to perfect vassallage and slavery , &c. who ( and in truth no otherwise ) pretendedly stile themselves , the conservators of the peace of england , or the parliament of england , intrusted and authorized by the consent of all the people thereof , whose representatives by election ( in their declaration last mentioned , p. . they say ) they are ; although they are never able to produce one bit of law , or any piece of a commission to prove , that all the people of england , or one quarter , tenth , hundred or thousand part of them authorized thomas pride , with his regiment of souldiers , to chuse them a parliament , as indeed it hath de facto done by this pretended mock-parliament : and therefore it cannot properly be called the nations or peoples parliament : but col. prides and his associates , whose really it is : who , although they have beheaded the king for a tyrant , yet walk in his oppressingest steps , if not worse and higher . in this epistle , this late great champi●…n of the house of commons , and fitting ●…cto's supremacy , both before and since the kings beheading , who with his brother a overton and their confederates , first cryed them up as , and gave them the title of the supreme authority of the nation : the onely supreme judicatory of the land : the onely formall and legall supreme power of the parliament of england , in whom alone the power of binding the whole nation by making , altering , or abrogating laws , without either king or lords , resides , &c. and first engaged them by their pamphlets and petitions , against the king , lords , and personall treaty , ( as he and they print and boast in b this epistle , and other late papers ) doth in his own and his parties behalf ( who of late so much adored them , as the onely earthly deities and saviours of the nation ) now positively assert and prove first , that c commissary general ireton , colonel harrison , with other members of the house , and the general councel of officers of the army , did in several meetings and debates at windsor , immediatly before their late march to london to purge the house , and after at white-hall , commonly stile themselves the pretended parliament ( even before the kings beheading ) a mock parliament , a mock power , a pretended parliament ; & no parliament at all : and that they were absolutely resolved and determined to pull up this their own parliament by the roots , and not so much as to leave a shadow of it ; yea , and had done it , if we ( say they ) and some of our then friends in the house , had not been the principal instruments to hinder them : we judging it then of two evils the least , to chuse rather to be governed by the shadow of a parliament , till we could get a reall and a true one ( which with the greatest protestations in the world they then promised and engaged with all their might speedily to effect ) then simply , solely and onely by the will of sword-men , whom we had already found to be men of no very tender consciences . if then these leading , swaying members of the new pretended purged commons parliament and army , deemed the parliament even before the kings beheading , a mock-parliament , a mock-power , a pretended parliament , yea , no parliament at all ; and absolutely resolved to pull it up by the roots as such , then it necessarily follows , first , that they are much more so after the kings death , and their suppression of the lords house , and purging of the commons house to the very dregs , in the opinions and consciences of those now sitting , and all other rationall men . and no wayes enabled by law to impose this or any other new tax or act upon the kingdom , creating new treasons and●…penalties . secondly , that these grand saints of the army and stearsmen of the pretended parliament knowingly sit , vote and act there against their own judgements and consciences , for their own private , pernicious ends . thirdly , that it is a baseness , cowardize , and degeneracy beyond all expression , for any of their fellow-members now acting , to suffer these grandees in their assembly & army , to sit or vote together with them , or to enjoy any office or command in the army , or to impose any tax upon the people to maintain such officers , members , souldiers , who have thus villified , affronted their pretended parliamentary authority , and thereby induced others to contemn and question it : and as great a baseness in others for to pay it upon any terms . secondly he there affirms that (d) oliver crumwel by the help of the army at their first rebellion against the parliament , was no sooner up , but like a perfidious , base , unworthy man , &c. the house of peers were his only white boys , and who but oliver ( who before to me had called them in effect both tyrants and usurpers ) became their proctor , where ever he came ; yea and set his son ireton at work for them also ; insomuch that at some meetings , with some of my friends at the lord wh●…rtons lodgings , he clapt his hand upon his breast , and to this purpose , professed in the sight of god upon his conscience , that the lords had as true a right to their legislative & jurisdictive power over the commons as he had to the coat upon his back , and he would procure a friend , viz. master nathaniel fiennes , should argue and plead their just right with any friend i had in england . and not only so , but did he not get the general and councel of war at winsor ( about the time that the votes of no more addresses were to pass ) to make a declaration to the whole world , declaring , the legal right of the lords house , & their fixed resolution to maintain & uphold it ? which was sent by the general to the lords by sir , hardresse waller : and to inde●…r himself the more unto the lords in whose house without all doubt he intended to have sate himself , he requited me evil for good ; and became my enemy to keep me in prison , out of which i must not stirre , unless i would stoop and acknowledge the lords jurisdiction over commoners ; and for that end he sets his agents and instruments at work to get me to do●… it : yet now they have suppressed them . whence it is most apparent , . that the general , lieutenant generall cromwel , ireton , harrison , and other officers of the army now sitting as members , and over-ruling all the rest , have wittingly acted against their own knowledges , declarations , judgments , consciences in suppressing the lords hou●…e ; and depriving them of ther legislative and jurisdictive right and power , by presuming to make acts , passe sentences , and impose taxes without them , or their assents in parliament . . that this tax enforced upon the commons and kingdom , for their own particular advantage , pay and enrichment , is in their own judgment and conscience , both unjust and directly contrary to the laws of the realm , being not assented to by the lords : and therefore to be unanimously and strenuously opposed by all who love their own or countries liberties , or have any nobility , or generosity in them . thirdly , he (e) there asserts in positive terms in his own behalf , and his confederates ; that the purged parliament now sitting , is but a pretended parliament , a mock-parliament ; yea , and in plaine english , no parliament at all , but the shadow of a parliament . that those company of men at westminster , that gave commission to the high court of justice to try and behead the king , &c. were no more a parliament by law or representatives of the people , by the rules of justice and reason , then such a company of men are a parliament or representative of the people , that a company of armed theeves choose and set apart to try , judge , condemne , hang or behead any man that they please , or can prevaile over by the power of their swords , to bring before them by force of arms , to have their lives taken away by pretence of justice , grounded upon rules meerly flowing from their wills and swords . that no law in england authoriseth a company of servants to punish and correct their masters , or to give a law unto them , or to throw them at their pleasure out of their power , and set themselves downe in it ; which is the armies case with the parliament , especially at thomas pride's late purge , which was an absolute dissolution of the very essence and being of the house of commons : to set up indeed a mock-power , and a mock-parliament ; by purging out all those , that they were any way jealous of , would not vote as they would have them ; and suffering and permitting none to sit but ( for the major part of them ) a company of absolute school-boys , that will , like good boys , say their lessons after them their lords and masters , and vote what they would have them : and so be a skreen betwixt them and the people , with the name of parliament , and the shadow and imperfect image of legal and just authority to pick their pockets for them by assessments and taxations ; and by their arbitrary and tyrannical courts and committees ( the best of which is now become a perfect star-chamber , high-commission , and councel-board ) make them their perfect slaves and vassals . with much more to this purpose . if then their principal admirers , who confederated with the army , and those now sitting , in all their late proceedings ; and cryed them up most of any , as the parliament and supreme authority of england before , at , and since the late force upon the house , and its violent purgation , do thus in print professedly disclaim them , for being any real parliament or house of commons , to make acts or impose taxes upon the people ; the secluded members , presbyterians , royallists , and all others , have much more cause and ground to disavow and oppose their usurped parliamentary authority and illegal taxes , acts , as not made by any true english parliament , but a mock-parliament only . fourthly , he therein futher avers : (f) that the death of the king , in law indisputably dissolves this parliament , ipso facto , though it had been all the time before never so intire and unquestionable to that very hour . that no necessity can be pretended for the continuance of it ; the rather , because the men that would have it continue so long as they please , are those who have created these necessities on purpose , that by the colour thereof they may make themselves great and potent . that the main end wherefore the members of the commons house were chosen and sent thither , was , to treat and conferr with king charles and the house of peers , about the great affairs of the nation , &c. and therefore are but a third part , or third estate of that parliament , to which they were to come and ●…yn with , and who were legally to make permanent and binding laws for the people of the nation . and therefore having taken away two of the three estates that they were chosen on purpose to joyn with to make laws , the end both in reason and law of the peoples trust is ceased : for a minor joyned with a major for one and the same end , cannot play lord paramount over the major , and then do what it please ; no more can the minor of a major ; viz. one estate of three , legally or justly destroy two of three , without their own assent , &c. that the house of commons sitting freely within it 's limited time , in all its splendor of glory , without the awe of armed m●…n , neither in law , nor in the intention of their choosers were a parliament ; and therefore of themselves alone have no pretence in law to alter the constitution of parliaments , &c. concluding thus : for shame let no man be so audaciously or sottishly void of reason , as to call tho. prides pittifull junto a parliament , especially those that call●… , avowed , protested and declared again and again those to be none that sate at westminster , the , - &c. of july . when a few of their members were scared away to the army , by a few hours t●…mult of a company of a few disorderly apprentices . and being no representative of the people , much lesse a parliament , what pretence of law , reason , justice or nature can there be for you to alter the constitution of parliaments , and force upon the people the shew of their own wills , lusts and pleasures for lawes and rules of government , made by a pretended everlasting , nulled parliament , a councel of state , or star-chamber and a councel of war , or rather by fairfax , cromwell and ireton . now if their own late confederates and creatures argue thus ●…n print against their continuing a parliament , jurisdiction , proceedings , taxes , and arbitrary pleasures , should not all others much more doe it , and oppose them to the utmost upon the 〈◊〉 - same ends ? fifthly , he there likewise affirmes , (g) that those now fitting at westminster have perverted the ends of their trusts then ●…ver strafford did : . in not easing the people of , ( bu●…encreasing ) their greivances . , in exhausting their estates to maintain and promote pernicious designes to the peoples destruction . the king did it by a little ship-mony & monopolies ; but since they began , they have raised and exto●…ted more mony from the people and nation then half the kings since the conquest ever did ; as particularly : . by excise , contributions . sequestrations of lands to an infinite value . . fift part . twentyeth parts . meal-mony . sale of plundered goods . loanes . benevolencies . . collections upon their fast days . new impositions or customs upon merchandize , guards maintained upon the charge of private men . fi●…ty subsidies at one time . compositions with delinquents to an infinite value . sale of bishops lands . sale of dean and chapters lands : and now after the wars are done . sale of king , queen , prince , duke and the rest of the childrens revenues . sale of their rich goods which cost an infinite sum . to conclude all , a taxation of ninety thousand pounds a month : and when they have gathered it pretendingly for the common-wealths use , divide it by thousands and tenn thousands a peece amongst themselves , and wipe their mouthes after it , like the impudent harlot , as though they had done no evill ; and then purchase with it publick lands at smal or trivial values : o brave trustees ! that have protested before god and the world , again and again in the day of their straits they would never seek themselves , and yet besides all this divide all the choicest and profitabl●…st places of the kingdom among themselves . therefore when i seriously consider , how many men in parliament and elsewhere of their associates ( that ●…udge themselves the onely saints and godly men upon the earth ) that have considerable ( and some of them vast ) estates of their own inheritance , and yet take five hundred , one , two , three , four●… five thousand pounds per annum salaries , and other comings in by their places , and that out of the too much exhausted treasury of the nation , when thousands not only of the people of the world , as they call them , but also of the precious redeemed lambs of christ , are ready to starve for want of bread . i cannot but wonder with my self , whether they have any conscience at all within them or no ; and what they think of that saying of the spirit of god , that whoso hath this worlds goods , and seeth his brother hath need , and shutteth up his bowels of compassion from 〈◊〉 ( which he absolutely doth that any way takes a little of his little from him ) how dwelleth the love of god in him ) iohn . . these actions and practices are so far from being like the true and reall children of the most high , that they are the highest oppression , theft and murther in the wo●…ld , to rob the poor in the day of their great distresse by excise , taxations , &c. to maintain their pomp , superfluities and deb●…ry , when many of those from whom they take it , do perish and starve with want & hunger in the mean time , and be deaf and adamant-hearted to all their teares , cryes , lamentations , mournful howlings , groanes . without all doubt , these pretended , godly religious men , have got a degree beyond those atheists o●…fools , that say in their hearts , there is no god . psal. . . and . . . in quite destroying the peoples essentiall liberties laws and freedoms , & in leaving them no law at all ( as m. peters their grand teacher aver●…ed lately to my face we had none ) but their meer will and pleasures ; saving fellons laws , or martiall law , where new butchers are both informers . parties , jury men and judges , who have had their hands imbrewed in blood for above seven these years together , having served an apprentiship to killing of men for nothing but money , and so are more bloo●… then butchers that kill sheep and calves for their own livelihood ; who yet by the law of england , are not permitted to be of any jury for life and death : because they are conversant in sheddidg of blood of beasts , and thereby through a habit of it may not be so tender of the blood of men , as the law of england , reason and justice would ha●…e them to be . yea , do not these men by their swords , being but servants , give what laws they please to their masters the pretended law-makers of your house , now constituted by as good and legall a power as he that robs and kills a man upon the highway . and if this be the verdict of their own complices & partiza●…s concerning them & their proceedings , especially touching their exhausting our estates by taxes , and sharing them among themselves in the time of famine and penury ( is the great officers of the army and treasurers who are members now doe , who both impose what taxes they please , and dispose of them to themselves and their creatures as they please , contrary to the practice of all former ages , and the rules of rea●…on and justice too ) are not all others bound by all bonds of conscience , law , prudence to withstand their impositions and edicts unto death , rather then yeild the least submission to them ? sixthly , he there avers , proves and offers legally to make good , before any indifferent tribunal , that the (h) grandees and over-ruling members of the house and army are not only , a pack of dissembling , jugling knaves and machevillians , amongst whom in consultation hereafter he would ever scorn to come , for that there was neither faith , truth nor common honesty amongst them : but likewise murtherers ; who had shed mens blood against law , as well as the king , whom they beheaded ; and therefore by the same texts and arguments they used against the king , their blood ought to be shed by man , and they to be surely put to death without any satisfaction taken for their lives , as traytors , enemies , rebels to , and (i) conspirators against the late king ( whom they absolutely resolved to destroy though they did it by martial law ) parliament , kingdome and the peoples majesty and soveraignity ; that the pretended house and army are guilty of all the late crimes in kinde , though under a new name and notion , of which they charge the king in their declaration of the . of march . that some of them more legally deserve death , then ever the king did : and considering their many oathes , covenants , promises , declarations , and remonstrances to the contrary ( with the highest promises and pretences of good for the people and their declared liberties that ever were made by men ) the most perjured , pernicious , false , faith and trust-breakers , and tyrants that ever lived in the world : and ought by all rationall and honest men to be the most detested and abhorred of all men that ever breathed , by how much more under the pretence of friendship and brotherly kindness they have done all the mischiefe they have done in destroying our lawes and liberties ; there being no treason like judas his treason , who betrayed his lord and master with a kisse , &c. and shall we then submit to their taxes and new acts , or trust them with our estates , lives , liberties , and the supreme power , if such now in their own late adorers eyes ? seventhly , he there asserts , (k) that whosoever st●…ps to their new change of government and tyranny , and supports it , is as absolute a traytor both by law and reason , as evèr was in the world ; if not against the king , prince charles , ( heir apparent to his fathers●… cro●…n and throne ) yet against the peoples majesty and sover●… . and if this be true , as it is , that this purg'd parliament is no parliament at all ; then there is neither legal judges nor justices of peace in england . and if so ; then all those that are executed at tiburn &c. by their sentence of condemnation are meerly murthered , and the judges and justices that condemned them are liaeble in time to be hanged●… ( and that justly ) therefore for acting without a just and legal commission : either from true regal or true parliamentary power : ( except in corporations only where they proceed by ancient charters in the ancient legal form ) . and if this be law and (l) gospel ( as no doubt it is ) then by the same reason , not only all legal proceedings , indictments , judgments , verdicts , writs , tryals , fines , recoveries , recognisances , and the like before any of our new created judges and justices since the kings beheading in any courts at westminster , or in their circuits , assisses , or quarter sessions , held by new commissions , with all commissions and proceedings of sheriffs , are not only meerly void , illegal , & coram non judice to all intents , with all bills , decrees , and proceedings in chancery , or the rolls ; and all judges , justices sheriffs , now acting , and lawyers practising before them in apparent danger of high-treason both against king , kingdom , they neither taking the oathes of judges , supremacy or allegiance as they ought by law ; but only to be true and faithful to the new erected state ; but likewise all votes and proceedings before the pretended house or any of their committees , or sub-committees in the country , with all their grants and offi●…es , moneys●… salaries , sequestrations , sales of lands or goods , compositions &c. meer nullities and illegal acts , and the proceedings of all active commissioners , assessors , coll●…ctors , treasurers , &c. and all other officers imployed to levy and to collect this illegal tax to support that usurped parliamentary authority , and army , which have beheaded the late king , dis-inherited his undoubted●…h●… , levyed war against and dissolved the late houses of parliament , subverted the ancient government of this realm , the constitution and liberties of our parliaments , the lawes of the kingdom , with the liberty and property of the people of england , no less then high treason in all these respects , as is fully proved by sir edward cook in his . institutes , ch. . . and by mr. st. john in his argument at law at the attainder of the earl of strafford , both published by the late commons house order ; which i desire all who are thus imployed , to consider ; especially such commissioners who take upon them to administer a new unlawful ex-officio oath to any to survey their neighbours and their own estates in every parish , and return the true values thereof to them upon the new prov'd rate for the last months contribution , and to fine those who refuse to do it ( a meer diabolical invention to multiply perjuries to damne mens souls , invented by cardinal woolsy , much enveighed against by father latimer in his sermons , condemned by the expresse words of the petition of right providing against such oathes ; and a s●…are to enthrall the wealchier sort of people by discovering their estates , to subject them to what future taxes they think fit ) when as the whole house of commons in no age had any power to administer an oath in any case whatsoever , much l●…sse then to conferre any authority on others to give such illegall oathes , and fine those who refuse them , the highest kind of arbitrary tyranny both over mens consciences , properties , liberties ; to which those who voluntarily submit deserve not only the name of traytors to their country , but to be (m) boared through the ear , and they and their posterities to be made slaves for ever to these new tax-masters and their successors ; and those who are any wayes active in imposing or administring such oathes , and levying illegall taxes by distresse or otherwise , may and will undoubtedly smart for it at last ; not only by actions of trespasse , false imprisonment , accompt , &c. brought against them at the common law , when there will be no committee of indempnity to protect them from such suits , but likewise by inditements of high treason , to the deserved losse of their estates , lives , and ruine of their families when there wil be no parliament of purged commoners , nor army to secure , nor lega●… plea to acquit them from the guilt and punishment of traytors both to their king and country ; pretended present sordid fear of loss of liberty , estate , or the like , being no (n) excuse in such a case and time as this , but an higher aggravation of their crime : the (o) fearful being the first in that dismall list of malefactors , who shall have part in the lake which burneth with fire and brimstome , which is the second death ; even by christs own sentence . john . . to this end was i born , and for this cause came i into the world , that i should bear witnesse unto the truth . finis . notes, typically marginal, from the original text notes for div a e- a see my humble rem●…st . 〈◊〉 against ship-money . b see e. . cap. . cook . report . , . dyer . ed . , . e. . . brook commission . . . c cromptens ju●…isdiction of courts . fol. . cook . insti●… p. . . d . ed. . m. . part . . dors. claus. regist. f. . . e ed. . e. . . brook commissions . . . & officer , . dyer . . cook . report . , . 〈◊〉 e. . c. . daltons justice of peace , c. p lambert . p. (f) . r. . . . 〈◊〉 . h . n. 〈◊〉 . h. . n. 〈◊〉 . (g) . h. . . b. . h . . . . h . . for●… c. f. . dyer . . brook parliament . . . cooks insti●…es , p. . (h) s●…e the 〈◊〉 〈◊〉 〈◊〉 , and my 〈◊〉 for 〈◊〉 〈◊〉 . (i) cooks . institutes p. . (k) declarat . nov. & . . (l) . ed. . . ● . h. . . brook parl. . . cook . instit. p. . , . jac. cap . (m) . e. . , . . h. . . brook customs . . object . answ. n see my plea for the lords , and levellers levelled . answ. * exact collect. p. . . ‖ . e. . parl. . rot. parl . r. . n. , . r . n. . ●… . . h. . n. , , . h. . n. . h. . n , , , . h. . n. , . . h. . n. . , . * cooks . institut p. , dyer . f . * exact collect p. . . . . . * book parliament . . relation . dyer . ( ) is not this the armies & their own late and present practise ? ( ) alderman chambers the eminentest of them , is yet since this declaration discharged by you for his loyalty and conscience only . ( ) and is it not so by you now , and transmitted unto the exchequer to be levyed ? ( ) and do not you now the same , yea , some of those very good patrio●…s ? ( ) are not the generals and armies horse and foot too , kept up and continued among us for that very purpose , being some of them germans too ? ( ) not one quarter so grievous as the present tax imposed by you for the like purpose . ( ) and is it not more unnaturall in those now sitting , to engage the english army , raised by the parliament of england , and covenanting to detend it from violence against the very parliament of england and its members , and that successively twice after one another , and yet to own and support this army without righting those members ? ( ) was not pride's and the armies comming thither to seise , and actually seising above forty , and secluding above two hundred members , with thousands of armed horse and foot , a thousand times a greater offence , especially after so many declarations of the houses against this of the kings ? ( ) was not humphrey edwards now sitting , an unduly elected member , one of them thus armed ? hen. ma●…tin is accomptable to the state for abvoe l. which the committee of accounts in two years time could never bring him to account for , and yet hath l. voted him lately for moneys pretended to be disbursed ; to whom and for what , quere . nota. ‖ exact . collect p. . . . . . ●… * exact collect. p. . . . . . , . . . (‖) exact col lect. p. . . . . . . . . . . . &c. . . . . &c. . . &c a collect. &c. p. . . &c. . * see cooks instit. p. . * a collect . &c. pag. , , , , , , , &c. , , , , , &c , , . * see cooks inst. p. , , , . * can or will the king himself say more , or so much as these , if he invade and conquer us b●… f●…r raign forces ? and were it not better for us then to submit to our lawful king , then so many thousand perfidious usurping pretended conquerors of us , who of late pretend they were no other but our servants ? (o) collect. &c. pag. . . object . 〈◊〉 see their declaration , march , . pag. . . * ezek. . . * see seldens titles of honor . p. . p see a col●… lect. p . . . . . . (q) matt. paris , . (r) ovid de remed. amoris . (*) exact collection p. . and their own declarations . mar. . p. . &c. (*) in their declarations march . . . p. . (s) mag. chart. c. . e. . c. . cook . . instit. p. . . . . (t) matt. paris , p. . (u) a collection , &c. pag. . (x) see cook , . report . f. , . semans case , rep. sendels case . lambert f. . daltons justice of peace , . h. . c. . (y) see rastal title parveyers . (z) an exact collect. p . (a) see an exact collection : and a collection of publick orders , &c. p. . . . . . notes for div a e- a his petition and appeal , & his arrow of defiance . see mr. edwards ga●…grena , pa. pag. . f. . b pag. , . c pag. , . (d) pag. , (e) pag. . , . , . (f) pag. . . . . . . (g) pag. , . . . (h) pag. . . . . . . . . , , , . . . (i) see pag. . . (k) p. . . (l) luk. . . . c. . . (m) exod. . . . (n) see . h. . rot. par. n . (o) rev. . . by the lord protector. a proclamation about dissolving the parliament. england and wales. lord protector ( - : r. cromwell) this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing c a thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) by the lord protector. a proclamation about dissolving the parliament. england and wales. lord protector ( - : r. cromwell) cromwell, richard, - . sheet ([ ] p.) printed by henry hills and john field, printers to his highness, and are to be sold at the seven stars in fleetstreet over against dunstans church, london : [ ] dated at end: given at white-hall the twenty second of april in the year of our lord, . annotation on thomason copy: "april. ." reproduction of the original in the british library. eng england and wales. -- parliament -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no by the lord protector. a proclamation about dissolving the parliament. england and wales. lord protector a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion pax qvaeritvr bello olivarivs dei ◆ gra ◆ reipvb ◆ angliae ◆ scotiae ◆ et hiberniae , &c protector ◆ rp blazon or coat of arms by the lord protector . a proclamation about dissolving the parliament . whereas we summoned our high court of parliament to assemble and meet together at our city of westminster the twenty seventh day of january last , which hath continued until this present day ; and whereas we did by our commission under our great seal of england , bearing date at westminster this present twenty second day of april , for divers weighty reasons , declare our pleasure and resolution to dissolve the said parliament : and to that end did thereby constitute and appoint our right trusty and right welbeloved counsellor nathanael lord fiennes , one of the lords keepers of our great seal of england , and others our commissioners in our name , this said present twenty second day of april to dissolve our said parliament , which was by them done according to the tenor of the said commission in the usual place , and by virtue thereof our said parliament is absolutely dissolved . nevertheless we have thought it necessary , with the advice of our privy councel , by this our proclamation to publish and make known the same , to the end all persons whom it may concern may take notice thereof . given at white-hall the twenty second of april in the year of our lord , . london , printed by henry hills and john field , printers to his highness , and are to be sold at the seven stars in fleetstreet over against dunstans church . die martis novemb. . resolved, &c. that the committee of sequestrations in the severall counties, do returne to the committee at goldsmiths-hall, all the names of papists and delinquents which are, or have been sequestered by them respectively in their severall counties; ... england and wales. parliament. house of commons. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) die martis novemb. . resolved, &c. that the committee of sequestrations in the severall counties, do returne to the committee at goldsmiths-hall, all the names of papists and delinquents which are, or have been sequestered by them respectively in their severall counties; ... england and wales. parliament. house of commons. sheet ([ ] p.) s.n., [london? : ] title from heading and first lines of text. various resolutions respecting the committee of sequestration of delinquents' estates and its dealings with the estates of papists and delinquents. imprint conjectured from wing ( nd ed., ) e , of which this appears to be an edition. reproduction of the original in the british library. eng england and wales. -- parliament. -- committee for sequestration of delinquents' estates -- early works to . great britain -- history -- civil war, - -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no die martis novemb. . resolved, &c. that the committee of sequestrations in the severall counties, doe returne to the committee at gol england and wales. parliament. a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - judith siefring sampled and proofread - judith siefring text and markup reviewed and edited - pfs batch review (qc) and xml conversion die martis novemb. . resolved , &c. that the committee of sequestrations in the severall counties , doe returne to the committee at goldsmiths-hall , all the names of papists and delinquents which are , or have been sequestred by them respectively in their severall counties ; and a particular list of all the estates of such persons , and to whom they have been let during the sequestration thereof , and what the values thereof were before the warre . resolved , &c. that the estates reall and personall of all papists and delinquents within the ordinances of sequestrations , not yet sequestred , and not compounded for at goldsmiths-hall , bee speedily sequestred , and the names of such delinquents sent up to the committee at goldsmiths-hall . resolved , &c. that the lands and estates of such persons as are excepted in the first three qualifications of the propositions , or any part thereof , shall not be let or demised to the owners thereof , or to their bailiffs or servants , or to any person or persons in trust for them , or to their use or behoof . resolved , &c. that the lands and estates of other delinquents capable to be admitted to composition , sequestred , or which shall bee sequestred in the severall respective counties , or any part thereof , shall not in any case bee let or demised unto the owners thereof , or to their bayliffes or servants , or to any other persons in trust for them , or to their use or behoofe , unlesse such delinquents shall by certificate from the committee at goldsmiths-hall make it appeare , that they are in their actuall prosecution of their compositions and do proceed therein without delay on their parts . by the king, a proclamation commanding the due execution and observance of certaine orders lately published concerning contributions england and wales. sovereign ( - : charles i) this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing c ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing c estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) by the king, a proclamation commanding the due execution and observance of certaine orders lately published concerning contributions england and wales. sovereign ( - : charles i) charles i, king of england, - . broadside. by leonard lichfield ..., printed at oxford : . "given at our court at oxford, the eight day of may, in the twentieth yeare of our reigne. ." reproduction of original in the bodleian library. eng great britain -- history -- civil war, - . great britain -- politics and government -- - . a r (wing c ). civilwar no by the king, a proclamation commanding the due execution and observance of certaine orders lately published concerning contributions england and wales. sovereign a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - paul schaffner sampled and proofread - paul schaffner text and markup reviewed and edited - pfs batch review (qc) and xml conversion royal blazon or coat of arms c r honi soit qvi mal y pense by the king . ¶ a proclamation commanding the due execution and observance of certaine orders lately published concerning contributions . whereas certaine contributions or weekly rates and payments have been agreed to be answered to us by the inhabitants of divers counties in this our kingdome of england , for and towards the support of our armies , raised for the just and necessary defence of us and our good subjects in the time of this rebellion : in the assessing of which contributions and payments , as also in the demeanour of our souldiers towards those who pay the same , divers abuses and injuries have been discovered to the great disheartening of our good subjects in their undertakings for us , and the manifest prejudice of our affaires . for the removing and remedy whereof , certaine orders have been framed and composed by the advice of the lords and commons of parliament assembled at oxford , and presented to us , which we doe well approve , and have caused the said orders to be published in print , in a book intituled , orders presented to his majesty by the advice of the lords and commons assembled at oxford , for the more indifferent rating and levying of moneys to be raised by way of contribution , and to prevent the disorders of the souldiers of his majesties armies and oppression of other his good subjects . we doe therefore by this our proclamation declare and publish our will and pleasure to be , that the said orders shall be strictly observed by all persons whatsoever , and be duely put in execution . and we doe hereby charge and require all our commissioners intrusted or authorized by us touching the said contributions and payments within the severall and respective limits of their commissions ; and all majors , sheriffes , bayliffes , constables , and other our officers , and all other our subjects whatsoever , whom it may concerne , that they conforme themselves thereunto . and we doe hereby likewise straitly charge and command all officers and souldiers of our armies , that they submit and yeeld obedience to the said orders , and that they presume not in any sort to act or doe any thing contrary to the same , as they will answer their contempt therein at their perills . given at our court at oxford , the eight day of may , in the twentieth years of our reigne . . god save the king . ¶ printed at oxford , by leonard lichfield , printer to the vniversity , . the charge given by sr. william smith, brt. at the quarter-sessions of the peace held for the county of middlesex, at westminster, on monday the th of april, . england and wales. court of quarter sessions of the peace (middlesex) approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing s a estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the charge given by sr. william smith, brt. at the quarter-sessions of the peace held for the county of middlesex, at westminster, on monday the th of april, . england and wales. court of quarter sessions of the peace (middlesex) smith, william, sir, or - . p. printed by tho. hodgkin, london : . reproduction of original in library of congress. caption title. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng great britain -- politics and government. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - judith siefring sampled and proofread - judith siefring text and markup reviewed and edited - pfs batch review (qc) and xml conversion the charge given by s r william smith , b rt . at the quarter-sessions of the peace held for the county of middlesex , at westminster , on monday the th of april , . gentlemen , i have had the honour to discourse to the country from this bench several times , and the advice which i gave them , was to seek peace , and study unity . advice i thought very necessary , and that which would contribute most to the welfare and happiness not only of this county , but of the whole kingdom . this is a trading country , and nothing can encourage and advance trade more than peace , nor can any thing procure wealth sooner than trade , nor will any thing secure it better than unity . the king by his wisdom and care hath hitherto preserved peace without the help of unity ; for certainly no nation can be more divided than this is ; it is high time for every honest man , especially magistrates , and those in authority , to speak plain english : and since this honourable bench hath thought fit to command me to this service , i shall endeavour to discharge my duty and conscience in that particular . it troubles me to say it , but it is true , that this is a divided nation , divided into two opposite parties , the church-party , i mean the church of england as by law established , and the anti-church , for i know not by what other name or denomination to stile the dissenters ( i mean dissenters of all sorts ) unless i should use the scripture-word legion , for they are many ; and although they are divided amongst themselves toto caelo , yet they agree in this tertiò , to torment the government . i will give you a short character of these two parties ; the church-party are those who worship and serve god in the place appointed for it ; the church , they honour and obey the king , and submit to the laws ; the dissenters do none of these , they do not approach the church , and to some of them it is an abomination ; they are so far from honouring the king , that both his person and government are defamed by those pamphlets which go about the town , neither do they obey him , or submit to the laws ; for very lately the king out of his great concern for the publick peace , thought fit by the advice of his majesties privy council , to command that conventicles should be suppressed according to law , the dissenters have been so far from obeying his majesties command , that they have contended for the conventicles , as if they had been their inheritance , and have abused and reviled those officers and others , who in obedience to this command have endeavoured to put the laws in execution : now i would ask any sober-thinking person , to which of these two parties his prudence would invite him to adhere , whether to that party where he may be safe under the kings protection , and where his liberty and property may be well secured by the laws ? liberty and property so much talkt of , and by some very unduly sought ; or to that party which will lead him into a wilderness of briars and thorns , where he shall never know his way , or into slippery places ; where he shall never be able to stand his ground , or shall , as it were , make him walk upon the edge of a knife , and always be in danger . self-preservation is natural to every creature , and methinks men who have reason should seek it much more than others . the king and the laws have long fingers , and sometime or other they will reach the tallest malefactor . it is true the king is a gracious and merciful prince , and that perhaps may be an incouragement to some mens disobedience ; but patience may be provoked too long , and too far , and then laesa patientia sit furor , when the lion rouseth all the beasts of the forest tremble . notwithstanding all these provocations , the king ( by the divine assistance ) hath hitherto preserved peace , peace at home and peace abroad ; for we have peace with all the christian world ; when at the same time most of the neighbour-nations are in wars and troubles . the king hath taken care of places related to england . a terrible rebellion broke out lately in virginia , which had almost destroy'd that country , the king at a great charge sent ships and souldiers thither , reduced that rebellion , and settled the country in peace . tangier was lately attakt by a numerous and formidable enemy , and most of us here gave it for lost ; some were so impudent to say it would be sold , the king sent a timely relief thither of men , money , and all other necessary provisions , and did preserve that place , so that it is neither lost or sold , and hath now made a lasting peace with the emperour of that country ; and it is to be hoped that place will prove very advantagious for the trade of england : but this hath cost the king a great sum of money . the trade of turkey hath been of late years very much disturbed by the pyrats of algiers , and his majesty hath received notice that many of his subjects have been carried captive thither ; the king to prevent those mischiefs for the future , hath at a great charge , for several years together , maintain'd a considerable number of ships in the streights , by which the algerines have received so great losses , that they are ready to beg peace . the king hath taken care of the walls and bulwarks of this kingdom , the shipping : you know the parliament appointed thirty capital ships to be built , and gave six hundred thousand pound for the building of them ; but when shipwrights and others came to consult about them , they found that sum of money would not do it , to make them so strong and serviceable as they ought to be ; the king was forced to advance a hundred thousand pound and more , out of his own purse , to perfect that work , and i have heard these several charges and disbursments do amount to near eight hundred thousand pound . these are all accidental charges , and if the established revenue will not ballance the necessary and common charge of the government , ( as i have heard it said in the house of commons by those who should well understand it , that it will not ) where then shall these accidental charges be born ? the king cannot do it , the people then must . why then the king hath lent this great sum of money to his subjects , and certainly it ought to be repaid with interest and with thanks , and doubtless had been long since , if the dissentions and differences which are amongst us had not prevented it . is it not therefore high time that all possible endeavours should be used to put an end to these divisions and differences , that the kingdom may be no longer exposed to those dangers which at present it lyes under ? and this , very wise men are of opinion , will never be , until the conventicles ( which continually blow the coals ) are suppressed . the learned tell us , that the plague is spread by the effluviums of the mouth , the attomes of an infected person are infected , and when they are sent out by the breath , and received by those in the company of the infected , they thereby become infected ; and we are told , the infected person hath a strong appetite and desire to infect others . faction is thus communicated ; the venome of it , by the mouths of the preachers and teachers in conventicles , is transmitted into the ears of the auditors , who thereby become infected ; and when they are so , they infect others . and until these effluviums , these mouths are stopped , it is not probable this plague will cease ; and there is a ready way to do it , the putting the statute of . of the king in due execution . and do you not think this is very necessary ? for if the numbers of these dissenters should be suffered to increase , in time they might be formidable to the government ; for we see although they are divided in opinion , yet they agree and joyn together for their common interest . i have seen in a fallow field a great herd of swine , the hogs of a whole parish , the hogs of several farmers , and others , and if the herdsman chastiseth any one of them for a fault , the whole herd run together in a body , to condole with their companion for his misfortune , and as much as in them lyes to endeavour his rescue ; and these are a very untractable creature , which will neither lead or drive . do not the dissenters do the same ? if any one of them is touched by the hands of the law , they lay their heads and purses together for his relief : i would not be mistaken , i do not compare beasts to men , comparisons are odious , similes are to illustrate a proposition , not to make a parallel , sic parvis componere magna solebam ; but if i had done so , i have a good president for it ; st. paul tells us , he fought with beasts at ephesus , and those were no other but unreasonable men ; and if the apostle had sought ephesus , and all the parts about it , i am perswaded he could not have found more unreasonable men , than some we have in england . i have heretofore had an indifferent good opinion of some of the dissenters , i thought they had been ( as they pretended ) a peaceable , quiet , and sober sort of persons , and that they had desired nothing but connivence or indulgence ; they had an unruly conscience to deal with , and that they had only desired some toleration for it ; but i find the crafty had a farther aim : you know there is a lord mayor's day , and that consists of a shew in the streets , and a feast at guild-hall ; the shew in the streets is the pageants , they draw the vulgar , the mobile together , which gives them opportunity to make a noise , and throw about their squibs ; and when they have spent some time in that , and gazing upon the pageants , they go home very well satisfied ; but the wiser and better sort of citizens are entertained with a feast at guild-hall . this toleration seems to me to be a kind of pageant , held sorth to entertain the vulgar and unthinking crowd with some speculations which may please them ; there is something in it very taking to some people who look not far , liberty of conscience , and ease of tender consciences : but the wiser and designing sort look farther ; i am afraid they aim at dominion over the lives and liberties of their fellow-subjects , and to feast themselves upon their estates : this hath been , and therefore may be . this word feast , puts me in mind of a pamphlet i read the other day , where i found an invitation ( by ticket ) to a feast at haberdashers and goldsmiths halls : those names made me call to remembrance the severe discipline some of the chiefest nobility and gentry heretofore had at those places ; i am sure i feel the smart of those strokes to this day : i was afraid that meeting might be to view those halls , to see since they are new built , if they were fit for the old uses . this associating by tickets is an odd way , it looks like blowing the trumpet , and making proclamation , who is on my side , who ? what the law may make of it , i cannot tell , but methinks these persons adventure very far ; all rebellions are not actual arms ; in god's sence the rebellion of corah and his company , ( which went no farther than to associate and murmure against the governours ) was such a rebellion that he thought fit to punish with death . but the same pamphlet says , there was a feast of the artillery company , ( which is an anniversary feast ) at which there was but . but at this feast there would have been of nobility , gentry and ministers . so to me this seems to be a tryal of skill ; which puts me in mind of moses and the magicians : god commanded moses to cast down his rod , and that should become a serpent ; the magicians tryed their skill , and threw down their rods , and they became serpents ; but moses his rod , ( which was but one ) devoured their rods which were many . the king he hath his rod too , which is his scepter , which i hope will be able to break the rods of these unquiet people , that they may not again scourge and whip the nation . but what became of these magicians ? why , when they could shew no more tricks , god set a mark upon them , botches and blains ; and if the law cannot reach these subtil men , divine justice may . the word magi signifies wise men , and our saviour tells us , that the children of this world are wiser in their generation than the children of light : and it appears so , for they confederate for the mutual assistance of each other upon all occasions ; they will spare no pains nor cost for the advancement of each others interest ; they trade for the most part with no other but themselves ; they will have no manner of commerce ( if they can avoid it ) with any of the church-party ; so that they do not make a separation only in religion , but in all other dealings whatsoever , which is , to set up a common-wealth in a kingdom , a most dangerous thing ! the church-party , the children of light , they trust a good cause , put out their own eyes , and will neither see their danger or interest : most of them endeavour to build upon their own ground , and raise to themselves pyramids of honour and riches , and have not much minded those of the same party , who are forced to shift for themselves as well as they can ; but if they should still be neglected , they must , like snails , shrink into their shells ; what will be the consequence of that ? the enemy when he finds his strength will quash them to pieces with his foot ; what then will become of the great man estate ? it must be put into handycap with the cobler's last , and if the cards be again shuffled , it is probable the cobler will draw the estate , and the late rich man will have the last , and perhaps may need it to help make him a pair of shoes ; what hath been , i say again may be : i have seen in the last rebellion , noblemen and gentlemen not have a horse to ride upon , or scarce a shoe to their feet . methinks the natural body should instruct the body politick : in the natural body , if the head be assaulted , the hands are presently lifted up to defend it ; if any limb be in pain , the head and heart are sensible of it ; if there be but a small excressence upon a toe , the hands are immediately at work to relieve and ease it ; and thus every member gives mutual assistance to each other , by which the whole is kept in health and vigor . should not the body politick do the like ? ought not all the members defend and support the head , ( where is the seat of wisdom and direction ? ) ought not the head , and the nobler parts of that great body , encourage and succour the inferior , that so all the parts with consent and pleasure may stick close together for their common defence ? which if they did , they were invincible , vis unita fortior . rewards and punishments ever did and ever will govern the world , it is the method of heaven : 't is true , there are many generous spirits , who are contented with their own vertue for their reward , but prudence should not trust to that . quis enim virtutem amplectitur ipsam praemia si tollas ? vertue is like a choice plant , or a tree which bears excellent fruit , but the gardiner must nourish and cherish this plant and tree , or else the plant will dwindle , and the tree in time bear sowr fruit . i have heard it esteemed policy to make a golden bridge for an enemy to pass over , but it was , that he might be gone , and trouble us no more , but i could never think it advisable to purchase enemies , and put them into ones bosome , to give them places of trust and profit , this is to make them more potent enemies than they were before . i hope , for the honour of the king , and safety of the government , no man for the future shall be imployed , until he be first sifted and winnowed , and if one grain of faction be found in him , that he shall be laid aside . this is reasonable , and therefore just , and justice , gentlemen , is one of god almighty his chiefest attributes : when there was a contention between that and his mercy , nothing but the precious blood of the son of god could reconcile them ; of that esteem is justice in heaven . this justice god hath sent into the world for the use of men , and expects it should be esteemed here ; he hath not sent it by a common envoy , but by his vicegerent , not only to be distributed , but to be inforced , where it will not be kindly received . god tells us , by me princes decree justice ; deeree signifies power and authority : god hath not intrusted the prince to decree justice only , but to govern the people committed to his charge , to preserve them from themselves , and from their enemies . god says , by me kings raign , and princes decree justice , and surely he is to be believed . i wonder therefore at the strange opinion which some men have of late spread abroad , that the people make the king , and give him his authority : a strange opinion , and as presumptuous as false . is not god the ens entium ? is not man and all other creatures emanations from that fountain ? doth he not give us our day bread , the former and the latter rain , and all things else whatsoever ? if all things are his , power and authority more ; the people then cannot give it : nemo dat quod non habet , and quicquid effecit tale est magis tale . the king hath his authority from god , and to him alone is to be accountable ; ipse sub nullo nisi tantum sub deo. but i believe the mistake came from this : some men might take the law for the authority ; the law it is true is the rule by which the king is to administer ; but the best law , and most useful that ever was made , would lye still for ever , if it was not acted and quickned by some authority . this authority is the king 's , which he had from god , and his majesty transmits it to us and others , who act by his commission to put the laws in execution . god fashioned adam into the shape of a man , but he was a useless creature , until god was pleased to give him life and motion by his breath . the laws are likewise to be quickned by that which must move and quicken them . the king , i told you , is to be accountable to god , and must render an exact account of the power god hath put into his hands , and how it hath been administred for the good and welfare of the people committed to his charge : the king therefore ought not to be importuned by the people , to do any thing which he knows is contrary to his duty and trust , for he alone must answer for it , not they . joshua made peace with the gibeonites , which they obtained from him by fraud , pretending they were strangers , came from far , and none of the canaanites ; but in two or three days the israelites came to the knowledge that they were of the race of the amorites , ( who god commanded to be destroyed ) and did urge joshua to break the peace ; but he refused them , and would not be unjust at their importunity , and they were satisfied : princes must be just , even against the importunities of their subjects . the king , i have heard , was pressed to exclude the duke of york , pray examine the justice of that : can it be just to punish a man in praesenti , for a fault to be committed in futuro ? if a bill had been presented to you gentlemen of the grand jury against any man , upon presumption he would commit such or such a crime a year hence , surely you would not find that bill . this of the duke is of that nature ; this could not be a fault until he was to succeed to the crown , and that is uncertain whether ever or never . it is true , god hath given this crown of england to this royal family , who have enjoyed it in succession many hundred of years , but he hath reserved to himself to determine the person of that family from time to time to the government ; and when god hath made his election , is it for us to say , nolumus hunc regnare ? would not this be to question the divine wisdom , and to usurp upon god's prerogative , in whose hands are the issues of life and death , and all other events , to which all men in prudence ought to submit , because they know they must do it whether they will or no ? men ought not to pry into the arcana of heaven ; god is a jealous god : the bethshemites were smitten for looking into the ark , and so was uzzah for touching it , although 't was done with a good intent . this act of wisdom and piety will make the king's name be celebrated in story : fears and jealousies ought not to transport subjects to the desire of unreasonable things of their prince , for he must answer for them , not they . i will teach you an experiment ( without a crime ) that you shall never fail of a good king : it is to be a good people ; for god ( who is infinite goodness ) gives an ill king for the punishment of an ill people , and you cannot displease and provoke him more , than when he hath given you a good king , if you do not treat and esteem him as you ought . the king which he hath been pleased to bless us with at this time , is , i may say , with great truth , the best prince in the world , ( whom god long preserve ) and if we honour and obey him as god expects , and our duty requires , god will not fail to send a good successor . the peace of the kingdom is and ought to be the king's care , and it could not be expected that the duke should have sate still under such an indignity ; and if he had , the princes of christendom to whom he is allied , ( and he is allied to many , and the greatest ) would have taken up the quarrel , and then our fields of peace would have been turned to fields of blood. those who read history , may find what miserie 's this kingdom for many years suffered , when the dispute was between the two houses of york and lancaster , how many noble families were destroyed , and many thousand of men lost their lives , and if god had not had compassion of this kingdom , and provided an expedient to unite them , the misery of war , for ought i know , might have continued to this day . wars are not so soon or so easily ended as begun ; and it is very observable , that the neighbour-princes made it their business to continue that difference ; some prince or other always took part with him who was conquered , and so vicissim with him who was down , not out of any other consideration than their own interest , that they might keep england imbroiled at home , which they knew was the true way to keep wars and troubles from their own doors : i hope england for the future will never be so unwise , as to give them the like advantage . gentlemen , the proper business of a charge is to acquaint you with the laws and statutes of this kingdom , their usefulness and penalties ; that i have done heretofore to former grand juries , but it hath not had so good effect as i could have wished : amongst others i did acquaint them with the statute of . of the king , which was made for the preservation of his majesties person and government ; it did provide against treason , against seditious preaching and printing , and against setting up votes of one or both houses of parliament to be effectual as laws . but notwithstanding that and other statutes , we find that persons have been lately accused for treason , defamatory pamphlets and libels are sold about the streets as good merchantable wares , and votes of the house of commons printed to give check to laws . men are grown to a strange boldness , and out-do pasquil in rome ; he tells bold truths , but these here wicked and impudent lyes . the sin of cham , and that which clave to his posterity , was , that he uncovered his father's nakedness ; and the greatest crime of that tyrant nero , was , that he ript up the belly of his mother . gentlemen , the king is pater patriae , and the common-wealth is our mother , and he who rips up her bowels and shews her weakness or deformity , or abuseth his father , forfeits his very nature , and is more wicked then either cham , or nero ; until men come to have a sense of religion , and obey for conscience-sake , i shall be hopeless that laws will prevail ; and yet i shall adventure to recommend one statute to you more , a statute not made by kings , lords , and commons , but by their king , the king of kings , and it is this , statutum est omnibus semel mori , a statute , gentlemen , which was never repealed , or ever will be ; and those who shall be indicted upon this statute , no ignoramus can prevent their tryal , nor shall the credit of the evidence be questioned , and the sentence will have speedy execution : those who shall be found innocent , their sentence will be venite beati , but those who will be found guilty , ite maledicti , a dreadful sentence that , not like the sentence we have here , go to the place from whence you came , and so to the place of execution , and there hang by the neck until you are dead : or as we have it by tradition , to be hanged in chains alive until you are starved to death . these are easy sentences , because a little time determines the pain ; but this dreadful sentence of ite maledicti , sends the criminal to a place of horrour , and darkness , where his meat and drink will be fire and brimstone , his companions such who he durst not look upon when he was in the world , devils , and furies , not to make him sport and pastime , but to torment him ; and that which aggravates this punishment is , that it is attended with despair , never to come out of that place of torment . if this was well considered and laid to heart , could a reasonable man be invited by any temptation whatsoever to gratify his ambition or other appetites with those things ( which will be enjoyed but for a very short time , and adventure this sentence of ite maledicti ? but pray let us consider what to do to avoid this fearful sentence . the psalmist instructs us , he who will ascend the holy mountain must have clean hands , a pure heart , must not lift up his mind to vanity , and must not be sworn to deceive his neighbour ; he must have clean hands , not subject to bribery or corruption , a pure heart ; he must design nothing injurious to god , his king , or his country ; he must not lift up his mind to vanity , but must lay aside all ambitious thoughts , and be contented with the station where god almighty hath placed him ; he must not be sworn to deceive his neighbour ; this last is part of the law of nature , and one of the precepts of the moral law , thou shalt not bear false witness against thy neighbour ; under this head comes all perjury , subornation of perjury , lying , deceit , treachery and falshood ; the psalmist lays before us our duty at this time , and if we perform it justly , we may avoid this sentence of ite maledicti . gentlemen , we have all sworn you , the juries of constables , to present without favour or affection , hatred or malice , and you ought to present all those crimes which are committed within your several parishes and precincts , against the laws and statutes of this kingdom ; and you gentlemen of the grand jury , are likewise sworn to present without favour or affection , hatred or malice , and we upon the bench are sworn to do justice according to the best of our skill and knowledge ; we are not only sworn , but we have likewise made a covenant with god to be just according to our oaths ; at the end of our oaths we say , so help me god , which is as much as to say , we desire no help from god in our needs , if we do not do that which is just , according to our oaths . now i would advise all men to consider , that humane nature is lyable to many infirmities and accidents : to sickness , past the help of a physitian ; to oppression , above the help of law and lawyers ; to poverty , and have no friends to afford relief . in all these cases , when humane helps fail , nature points out the ways to address to god : but with what confidence can we do it , when we call to mind we broke covenant with him at such and such a time ? which we cannot fail to do , for conscience is a most certain remembrancer : is not a man a most silly creature , who shall adventure to break this covenant to gratify any appetite , and please any party , and by it put himself out of gods protection , and from under his care in this world , and without gods infinite mercies to come under that severe sentence of ite maledicti in the next ? gentlemen , grand-juries have always been esteemed the honour of the government , and the great security of the lives and liberties of the subject ; they are to be probos & legales homines , and so is a golden chain as well for ornament as security : if they should prove otherwise , this chain of gold would be turned into gives and fetters of iron and brass , and we should be greater slaves here in england than they are in algiers ; our ancestors have taken great care that the grand-juries should be such as they ought to be , and as you may see the statutes made in that case , provide ; but for all that , it is happy for the people , that the king hath the nomination of the sheriffs , by whom the juries are to be returned : it is a prerogative of great consequence , and not to be intrusted in the hands of any subject or subjects whatsoever ; the king sits aloft above all , and looks down upon all his subjects , and like the sun , sends forth his beams upon all alike ; his spirit is as high as his place : when god intended to remove moses , and had appointed joshua to succeed him , he commanded moses to put some of his honour upon him , and that the text explains to be the spirit of wisdom , which is the spirit of government , and that no subject hath : he is not therefore to be equipped with too large a sayl for his bottom , for fear it should overset ; the kings prerogative , ( if it was well understood ) is the subjects chiefest safety , and ought not to be in a subjects hand , for the subjects sake , and it is to be hoped no man for the future will presume to advise the king to part with any of it . every thing is most natural when it is in its proper place ; the king is to govern , the people to obey ; this is harmonious , and no wise or good man will make discord ; he who is for the king is for people , and he who is truly for the people , is as truly for the king : they cannot be divided but they must be in danger to be destroyed ; it is therefore folly , as well as mutiny to say , i am for the king , or i am for the country , except in conjunction ; he who is not a friend to both , is not a friend to either : i have ever esteemed monarchy as the best of governments , ( it is the government of heaven ) and ours the best of monarchies , and if it be possible , i now esteem it much more than ever ; i am not afraid of the king , i am sure he will do me no hurt , if i keep the law , but , i must confess , i am afraid of some of my fellow-subjects . story will tell you , there was a great faction in italy between the guelfes and the gibelines ; the great and rich city of florence was almost destroyed by it , sometimes one got the upper hand , sometimes the other ; but god was pleased to put an end to the miseries of that city by a monarchy , under which it hath been happy ever since . pray gentlemen , let us make it our business , as it is our interest , to preserve our monarchy from being shaken : this is to be done by universal justice , that is the chiefest pillar which supports monarchies , and if any man shall by fraud undermine that pillar , or by force shake it , he will like sampson , pull the whole fabrick upon his own head , and destroy himself : but they will differ in this ; sampson had great provocation , his eyes were put out by the philistines , and they made him their sport and pastime ; but whosoever shall shake this pillar here , do it from the force of a wicked inclination to destroy the government , under which he may live happily and safely if he will , and so adds the sin of ingratitude to that of disobedience . gentlemen , i have troubled you too long , but what i have said , i hope will not be wholly useless ; god , who is the searcher of all hearts , knows , i have not spoke from the spirit of bitterness , to blow the coals , or rub the old sore ; i have no animosity against any man living ; my design was to lay before you the danger of divisions , and making parties , and so exhort you to peace and unity , and not throw away the blessings we enjoy , and make our selves ridiculous to all the world. the matter of a charge , as it respects the laws and statues , i have caused for your ease and help to be contrived into articles , which shall be read to you . mr. clerk of the peace pray read them . articles to be presented by the high and petty constables to the grand jury , and to be inquired into by the said grand jury . . imprimis , you are to present all petty treason , misprisions of treason ; all priests , and jesuits , and others , that have received any orders from the church or see of rome . . all murders , manslaughters , robberies , burglaries , breaking of houses in the day time , fellonies , petty-larcenies , and the accessories thereunto . committed and done within your several hundreds and precincts . . you are to present all popish and other recusants that do not come to their several parish churches within your divisions . . you are to present all unlicensed alehouse-keepers , and what disorderly alehouses you have within your divisions . . you are to present the neglect of hughs and cryes of and in whose default . . you are to present all high-ways and bridges unrepaired , within your hundreds and parishes , and who are to repair them . . you are to present all that erect cottages , or that continue cottages , not having four acres of land to be occupied by the inhabitants , of the said cottages within your divisions . . you are to present all profane swearers and cursers within your hundred and liberties . . you are to present all common barretors , common disturbers , libellers , and others , that break the kings peace , all outcrys and bloud-sheds that happen within your liberties and precincts . . you are to present all forestallers , regrators , and ingrossers , all embracers of juries , that you know of within your hundreds and precincts . gentlemen , it is your duty to present what shall come in proof before you upon these articles ; and first you must take care of religion , to enquire after priests , jesuits , popish recusants , and all other dissenters from the church ; you must enquire after all treasons , which although they cannot be tryed here by vertue of our commission , yet they ought to be presented ; you are to inquire after and present all murthers , burglaries , robberies , felonies , and all other crimes against the laws and statutes of this kingdom . i wind up all with this advice , that you will serve god , honour the king , love one another , and take heed to those who are given to change . the court observing that the charge was taken in writing , commanded it should be delivered to the clerk of the peace , that it might not be published without their direction ; but finding in a printed pamphlet published by r. janeway , that their chairman is very unworthily reflected upon , and some part of the charge misrepresented : they have thought fit to order it , to be printed , to the intent the whole kingdom may see their opinion , ( which this charge unanimously is ) with hopes that all his majesties good and peaceable minded subjects will be of the same . ordered by this court , that the charge given in sessions by sir william smith be printed ; and that the thanks of this bench be given to sir william smith for his prudent care , and constant endeavour in the management of affairs , for the preservation of the publick peace , and his majesties government : and this court doth declare , they will adhere to sir william smith and stand by him . per cur. adderley . london , printed by tho. hodgkin . . six new queries this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing s thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) six new queries thomason, george, d. , attributed name. sheet ([ ] p.) s.n., [london : ] imprint from wing. relating to the army and parliament and questioning whether the parliament will be free from control by the army. possible authorship of thomason from thomason catalogue. annotation on thomason copy: "xber [i.e., december] . "; "nb. g.t. [i.e. george thomason?]". reproduction of the original in the british library. eng england and wales. -- army -- early works to . england and wales. -- parliament -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no six new queries. [thomason, george] a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion six new queries . i. whether or no , any rational man of england , can or may expect any good from a parliament , when an army is in power at the same time in the nation ? ii. whether or no , a parliament constituted as the last was ( before the soldiers dissolved it ) deserves any other name , title , or appellation , than the rump ; and whether any one will , or dare presume to call that parliament ( entirely assembled ) by any other name , title , or appellation , but a free parliament of england ? iii. whether or no this nation may expect any good , by , or from a parliament , that hath any soldiers to sit , act , or vote in that house , or for it , that have any command derived from such a parliament ? iv. whether or no the persons now sitting , intend any other thing than to lord it over their brethren in this nation , whilest they take such courses as they have done , and fill not up the house with their fellow members of the same call with themselves ? v. whether or no it be a free parliament of england , if there be any limitation or restriction put upon them that are to choose , such persons to sit and act for them in that assembly , as they are willing to repose trust in ? vi . whether or no we have had any peace in this nation , ever since the military man hath had any power in it , or ever shall expect any whilest a parliament commissionates them ? a needful corrective or ballance in popular government expressed in a letter to james harrington, esquire, upon occasion of a late treatise of his, and published as seasonable in the present juncture of affaires vane, henry, sir, ?- . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing v ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing v estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a needful corrective or ballance in popular government expressed in a letter to james harrington, esquire, upon occasion of a late treatise of his, and published as seasonable in the present juncture of affaires vane, henry, sir, ?- . harrington, james, - . , [ ] p. s.n. , [s.l. : ?] reproduction of original in huntington library. caption title. attributed to henry vane. cf. nuc. eng great britain -- politics and government -- early works to . a r (wing v ). civilwar no a needful corrective or ballance in popular government, expressed in a letter to iames harrington, esquire, upon occasion of a late treatise vane, henry, sir b the rate of defects per , words puts this text in the b category of texts with fewer than defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - john latta sampled and proofread - john latta text and markup reviewed and edited - pfs batch review (qc) and xml conversion a needful corrective or ballance in popular government , expressed in a letter to iames harrington , esquire , upon occasion of a late treatise of his ; and published as seasonable in the present juncture of affaires . sir , the high esteem and reverence you bear ( and that deservedly ) unto humane prudence , ( which the more ancient the date is that you set to it , is doubtless the better , as most partaking of its primitive purity ) does nevertheless , i fear , out-weigh with you , beyond what it ought , to the derogation and prejudice of that pattern for magistracy it self , which was shewn unto moses in the mount , during the forty dayes in which the body of that godly man was nourished , without the help of secondary meanes , and yet lived not upon the air , but upon every word that proceeded out of the mouth of god : in the wisdom of which word he was then taught to see the most excellent platforme of civil government ; as having its root and inward principles , as well as its outward administration flowing from divine institution & revelation : of which we may well suppose , that the abilities in jethro a heathen ( that appeared in the advice he gave touching the outward order to be observed for the administration of justice in the common-wealth of israel ) did fall very short , although there be nothing contained in the one , which may not have witness and justification given unto it by the other , as was the case between jethro and moses ; yet moses was he , that by conversing face to face with god , and receiving the lively oracles , was much better qualified to lay down the rules of a perfect common-wealth government then jethro was , that by the help only of tradition , acquired gifts and experience , might arive to that skill in the rules of ancient prudence , as to make him a very knowing and able politician , and yet not to stand in competition with moses . and since you have thought fit , in your treatise shewing the prerogative of popular government , and very worthily asserting that cause , with great advantage on your part , against all adversaries that are entred into the list with you , to annex to it certain queries with this inscription , to the godly man : be pleased to take in good part this general return that is made thereunto , not with any intent to oppose , but rather conntenance the essentials of that government you plead for , and perfect the principles of true freedom , which are taught by ancient prudence , to the rendring us a holy as well as a free people : in which spirit of holiness you may become invinsible against the very clergy themselves , that have begun to undertake you ; as you also , in requital , have not a little unmasked them in their pretended ordination , which they , as the presbytery , would fain ingross and usurp to themselves , without the free consent of the congregation . nor will it be much material in this , to know from whom this comes to you , under any other notion , then the advocate for the godly man , to whom your queries are directed ; it being indeed from one that cannot be wrought off from a sincere and hearty friendship and value of true godliness ; how shameful soever the miscarriage hath been in these our dayes , of those that having had only the form of it , have served themselves thereof to advance their worldly interests , to the making that very name to stink amongst the heathens and great leviathans of the world ; and therefore is desirous to receive a clear information and resolution from your self , unto some queries that you will find in the close of this paper , directed to you , on the behalf of the godly man ; after some little discanting upon the nature of government , in the general , and joyning in witness with you unto those principles of common right and freedome , that must be provided for , in whatsoever frame of government it be , which does pretend to a perfection in its kind . by government or rule in general is to be understood that power which , de facto , comes to be set up as supreme , and is exercised over nations or people by way of oversight and command for the good of the whole body , in either of the three conditions of men you mention , whether of servants , subjects , or citizens . the rise and being which is given to ruling power amongst nations and kingdomes , is not by chance , nor meerly through the will of man , but hath its place found in gods ordinance and institution ; for there is no power but is of god , and the powers that are sprung either from his authority and commission , or from his tolleration and permission . so as upon one account or the other , we may truly say , they are so limited and ordered by him , whether it respect the form of their constitution , the force of their operation , or the time of their continuance , as well as the use and end which they serve unto , that when all is done , power only belongs to god , who kils and makes alive , and puls down one and sets up another , that it may be kuown , that the pillars of the earth are his , and he hath set the world upon them , upholding all things by the word of his power ; so as neither promotion nor abasement does come from the east or from the west , but from him alone , in order to bring to passe the work which he hath to do in the world , for the good of his church and people . however government , considered as well in reference to the right as to the actual exercise of it , is seated also in the will of man , where it hath , next under god , its rise and being . and the access unto it is usually had upon pretence of one of these three rights . first the right of consent and free gift by the common vote of the whole body , which is the right door to enter into the exercise of supreme power , and is genuine , natural , righteous , consonant to those pure principles of mans nature , wherein he was at first created , and does declare the governed to be in the state of free citizens , who as brethren partaking of the spirit of right reason , common to them as men made in the image of god , are equally intituled to their own oversight and government , and do therefore see cause voluntarily to associate themselves together , and on the grounds of common right and freedome , to agree to be subject and yeild obedience to the laws , that are from time to time made amongst them by their own free and common consent . so as this sort of empire or government is that of laws , and not of men , and is of a nature better agreeing with the many then the few , and least of all with the single person . the second is the right of conquest , which is also through the will of man usurping and imposing upon his brethren , by force of armes , that which could not be obtained ( as it ought ) by free consent , and is therefore held upon the same terms of force and violence , to the proclaiming the governed to be fallen into a state of servants , if not of slaves , who hold all they have at the will of the lord , and are in a condition most agreeing with the principles of absolute monarchy , as in practise began with nimrod , and is yet to be seen in the government of turkey , and other nations of the world . thirdly , there is a mixed right that is made up of both the former , to the rendring that tollerable , and , in some sort , satisfying , in process of time , which was at first most wickedly & unduly acquired : and is their case , who not being able to be free men , are resolved to do their utmost not to be slaves ; and so are brought to consent to walk in the middle way , between both ; agreeing to be subjects , or yeild subjection to their ruler , upon condition of enjoying certain known rights and priviledges belonging to them as men , and which may distinguish them from meer slaves , and be laid as fundamental laws of that constitution of government . this way of obtaining the exercise of supreme power , carrying in it the temper and mixture of the other two , is neither very good , nor stark nought ; but is the worse for this , that such as are under it do seldome care to be better , they are so afraid , that by attempting to mend themselves , they shall make themselves irrecoverably worse . this kind of government agrees not with the principles of absolute monarchy , nor perfect popular freedome , but sorts with aristocracy , that is , the mixture of them both , and with regulated monarchy , as that of kings , lords and commons . the difficulty at first view appeares not to be great in introducing and settling a government , where the people are conquered by force of armes , no more then ( under the fright and apprehension of the fate of those that come to be reduced by the sword ) to compound up the business in the middle way before mentioned , as this nation hath often and dearly experienced in the changes of governors , if not governments , which they have been subject unto ; so as the great clamour and objection lyes only against the first ; that is , as to the practicableness of introducing and settling the exercise of the supreme power , by the free and common consent of the citizens , whose equality in power is apt to make their tempers luxuriant and immoderate , and keeps them from coming rightly to agree in a matter of such consequence . wherein first consideration is to be had by them , whether this high trust of the chief magistracy shall be placed in one single person , or in a collective body of elders , or a senate , consisting of more or fewer persons ? and then , secondly , whether this power shall be transferred absolutely to the person or persons so chosen , or with limitation and condition ? to transferre it absolutely yeilds up with it the legislative power , and sixes it as well as the executive , in one and the same hand ) admit it be to a single person , or a senate ) and leaves nothing afterward unto the people but slavery and bondage , by putting forth all the acts of rule and power without their consent . but to conferre this power rationally , and agreeably to the principles of ancient prudence , is to reserve , by way of limitation , that which may so qualifie and regulate the supreme executive power , in and by whatsoever hand it be exercised , as is able to preserve it within its due bounds as it is executive , and keeps the result of that wherein it is legislative within the power and consent of the people . this is easily done , by the help of a second order of men , ordained and constituted by the peoples suffrage ; who , in the capacity of their deputies and representative body , are from time to time to make up one general assembly with the senate , by yertue of their summons and call , and there to give the consent of the people to all acts and decrees that are legislative and binding to the common-wealth . the third thing to be done , in order to the right introducing and settling of magistracy in a free state of citizens , is to dispose themselves , or suffer themselves to be disposed into that order , which is requisite , and may best conduce to the choice of meet and fit persons into either of the two assemblies , whether that of the senate , or of the peoples representative . but the great difficulty remains yet to receive its solution , which is to shew how the depraved , corrupted , and self-interested will of man , in the great body , which we call the people , being once left to its own free motion , shall be prevailed with to espouse their true publiick interest , and closely adhere to it , under the many tryals and discouragements they must be sure to meet with , before they obtain what they pursue . which objection being so experimental as it is , carries with it the greater force , and is obvious to most men ; by reason whereof they rather choose the bondage whereinto they fall under the power of the sword moderately used , then to commit themselves to the boundless power of the peoples will unbridled , and unsubjected unto any rules from inward principles , or outward order and command . however , in way of answer , there is that to be said , which whether it will weigh in the judgements of others i know not , but it is considerable with me . and first , it may be but needful to enquire whence this is , and also what is that which is wanting to ballance and compleat the motion of mans will , in the exercise of its own freedome , that it is so little to be trusted and relyed on , in the pursuit of that which is the common interest of mankind , and the publick good of humane societies . and if in this we search to the bottom , we have it declared in that scripture , which sayes , it is not in man to order his own steps . man , at his best , stands in need of the ballancing and ruling motion of gods spirit to keep him stedfast ; let his nature be made , as it was at first , holy and righteous , when his will was morally bounded within the excellent limits that were set unto it by the law of god , unto which he did bear a naturall and willing conformity in the spirit of his mind , and was under the dictates of a pure enlightened reason . and how much therefore more does his nature and will want this ruling and moving influence now , from the spirit of god , when it is at its worst , not only to heal and restore what is lost , but to add , by way of supply , that more grace that may preserve from the danger of future relapse . and this remedy is not alwayes at hand , nor in mans power to take up at his pleasure . for as the wind bloweth where it listeth , and none know whence it comes , and whither it goes ; so is every one that is born of the spirit of god . and though it be easie with god to cause such a nation to be born at once , and to make the earth bring forth in a day , by the extraordinary effusion of his spirit upon all flesh , yet this is extraordinary , and very remote , as to the redress of the evil now in question . nevertheless , the consideration of this takes so farre impression with me , as to conclude no nation truly free that is in bondage to corruption , and alienated from the life of god by wicked works , how much soever it be set at liberty in other respects , to use the power of its own will in providing for its own government : but the people of it ought to be as sensible of their great want and misery , in this respect , as they are forward to complain , and with great justice also , of the force of the sword , which god permits very frequently to be kept up over them , till holy and righteous principles be of more power and better reception with them . but secondly , until such times of refreshing and healing shall come , from the presence of the lord , upon the nations of the world , as is promised in the last of dayes ; we are to take care in the use of the ordinary meanes , daily afforded by gods providence , that are most conducing to guide and regulate the will of the people , unto their making a good choice of the senate and their own deputies , in order to meet together in one general assembly , by them acknowledged the free and compleat representation of the whole nation . and then , this being once done , and thereby the first great wheel of the common-wealth set upon its right hinges , all the other inferior wheeles would quickly be set to keep motion and harmony with that , to the bringing in , with great facility , a well composed order of government throughout the whole state . and this without difficulty may be done , if this one rule be held unto and observed ; which is , that in the time of the common-wealths constituting , and in a nation much di●ided in affection and interest about their own government , none be admitted to the exercise of the right and priviledge of a free citizen , for a season , but either such as are free born , in respect of their holy and righteous principles , flowing from the birth of the spirit of god in them , ( restoring man in measure and degree , as at the first by creation ) unto the right of rule and dominion ) or else who , by their tryed good affection and faithfulness to common right and publick freedome , have deserved to be trusted with the keeping or bearing their own armes in the publick defence . and if unto this selected number of citizens , the liberty of exercising the choice of the magistrates for the whole body , should be for a season restrained ; and they cast into a military order and discipline ( as the israelites of old , when they once had turned their backs upon egypt , the house of bondage ) and shall become distributed in distinct tribes and divisions , within the borders of their several habitations or precincts where they dwell ; it could be no sooner said unto them , as moses did to the children of israel , take and choose you able and wise men , such as fear god , men of truth and hating covetousness , that they may be made heads over the people , of thousands , of hundreds , of fifties , and of tens ; but the thing would carry that self-evidence in it to the minds of the people , how good and possible it is for them so to doe , that they would most cheerfully set about , and accordingly effect it . as to what then hath been said in this matter , pointing out some dissatisfaction that rests with me , in reference to the definition you make of an equal common-wealth , and the way you find requisite to place the ballance in it , by an agrarian and law for equal interesting the people in the soyl , and an universal liberty unto election of the magistrates , through the help of the rotation and use of the b●llot , the result of all amounts to this ; that whilst holiness in principles , by way of spiritual birth , is wanting amongst the people , as one chief ingredient to qualifie them to the exercise of the right of free citizens , and a tryed good affection and faithfulness to common right and publick freedome remaines undiscovered , the way by you proposed , for the well constituting a common-wealth , may bring it to a state and degree of freedome very desirable , and which being attained we may be in the fairer and nearer way to the other . but where ( as you all along most deservedly have regard unto ) the foundations of government shall be laid so firm and deep as in the word of god , bottomed upon that corner-stone the lord jesus , there is a heavenly ballance to be met with , which keeps all even . for upon this stone there are seven eyes ; god himself is he that engraves the graving thereof , and gives forth , according to that pattern , the order and constitution of magistracy , in its primitive purity and perfection ; where the authority and proposing power , by which to move and keep the will of the people in its right course of obedience , is first originally in god and christ himself , as their political king and civil legislator ; and next under christ , the ruling senate , whose office it is ; and as you yourself well say , from the excellency of their debate and deliberation , providently and faithfully unfolded to the people , they do frequently cause and necessitate the will and the deed in them . so much may one man , for the excellency of his aid , be as in the place and power of god unto another . this sort of government is contained in these following queries . quer. . whether in the restitution of all things , so assuredly promised , and so often foretold , since the world began , acts . man himself shall not be restored to the gift and exercise of righteousness in his natural judgement and will , in the perfection , as to kind , wherein he was at first created ; ( as in the type , in a good degree , did befall nebuchadnezzar in the exercise of government , dan. . , . ) to the enabling of whole nations , in this day of gods power , in such manner to obey gods voyce and keep his covenant , as shall render them unto god a kingdome and holy nation , in the relation of his subjects ; and he shall be to them a king or supreme legislator , accepted and voted by the peoples free and common consent , as exod. . quer. . whether such a restored people and holy nation , made after this manner gods peculiar treasure , and he their chief magistrate , and directed by the spirit of their head , to put themselves in the best capacity they can ( first to hear what god hath to propose to them , as the rule of their obedience to him : secondly , to exercise that which they agree to bear the stamp and authority of the wisdom of the nation , in matters that appertain to the oversight of the whole body , in the hands of a senate or council of elders , for the executive part of the supreme power : and thirdly , to give the publick vote and suffrage of the whole people , in a way of assent or dissent , upon all matters proposed by the senate , to passe into laws amongst them , by their own chosen deputies and representative body , for that purpose constituted by them from time to time , as need shall require , to joyn with the senate ) be not that righteous and faithful city spoken of , isai. . . to whom her judges are restored , as at the first , and her counsellors as at the beginning , by whose decrees that law goes forth , wherein christ himself shall appear judging amongst the nations , and rebuking many people , until he settle peace and righteousness in the earth ? quer. . whether such a ruling senate , consisting of a competent number of fit and meet persons to be made heads of the people , and by their free suffrage elected and designed to the office of executing the supreme power , ( as the work singly appertaining to this chief council of elders ) and also to the exercise of the legislative power , in association with the representative body of the people , to be by them from time to time summoned and called together for that purpose , in which general and great assembly to propose all such matters whatsoever as are to passe into laws , and to receive the distinct and publick vote of the peoples consent to them , before they be of the force of laws or binding , be not the most exact platforme of the purest kind of popular government , and that which hath its foundation and first pattern in the word of god , in the practise of israels common-wealth , and so plainly of divine creation and institution ? quer. . lastly , whether the beginnings of such a government as this , as small as they may be at first , and accompanied with the mixture of humane frailties and infirmities , may not however , through the mighty and universal pouring out of the spirit upon all flesh , so grow and increase , as at last to come up unto a perfect day ; in such sort as the publick sentence and judgement of such a restored people and holy nation , in their assemblies of judicature , may not so much be the judgement of man , as of the lord himself , their king and law-giver , and be owned by him to be the same here on earth , with his which is in heaven , and therefore to be ratified and made stable , by the word of his heavenly power , executed by his mighty angels , as well as by their earthly forces and strength of mens bodies , against all opposers and rebellious gain-sayers , to the setting up of christ as king throughout the whole earth , and causing the nations and kingdomes of this world to become the kingdomes of our lord , and of his christ , in a visible manner here below , for the space of a thousand yeares ; in which time the moon shall be confounded , and the sun ashamed , when the lord of hoasts shall raign in mount sion and in jerusalem , before his ancients gloriously , shewing himself king in jeshurum , when the heads of the people and tribes of israel are gathered together before the lord in the day of their assembly ? by this time , i suppose , i have well nigh tyred out your patience , having drawn out my letter to a greater length then becomes this way of address . but since my aim in setting these things before your consideration is ( as i said at first ) not to put lead on your chariot wheels , to cause them to drive heavily , but rather to be an occasion to carry on the work in a straight line unto its perfection ; you will , i hope , the more willingly bear with me , and not be offended at this small glimpse , which , duly improved , may at length lead unto a fuller and clearer prospect into the new heavens and new earth , wherein dwels righteousness , and may in some sort provide us against the time when the fashion of the old ones shall wear off , and passe away with great noise and fervent heat , which is the faith and assured expectation of him , who is your true honourer , and reall servant . finis . the kings message to both houses january . . england and wales. sovereign ( - : charles i) this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing c thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) the kings message to both houses january . . england and wales. sovereign ( - : charles i) charles i, king of england, - . england and wales. parliament. sheet ([ ] p.) by robert barker, printer to the kings most excellent majesty: and by the assignes of john bill, imprinted at london : [i.e. ] "his majesties profession and addition to his last message to the parliament" is dated: january , [i.e. ]. with engraving of royal seal of charles i at head of document. reproductions of the originals in the british library and the harvard university library. eng england and wales. -- parliament -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no the kings message to both houses january . . england and wales. sovereign a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - john pas sampled and proofread - john pas text and markup reviewed and edited - pfs batch review (qc) and xml conversion ❧ the kings message to both houses . january . . hhis majestie taking notice that some conceive it disputable whether his proceedings against my lord kymbolton , master hollis , sir arthur haslerig , master pym , master hampden , and master strode , be legall and agreeable to the priviledges of parliament , and being very desirous to give satisfaction to all men in all matters that may seem to have relation to priviledge , is pleased to wave his former proceedings : and all doubts by this means being setled , when the mindes of men are composed , his majestie will proceed thereupon in an unquestionable way : and assures his parliament that upon all occasions he will be as carefull of their priviledges , as of his life or his crown . ❧ his majesties profession and addition to his last message to the parliament . jan. . . hhs majestie being no lesse tender of the priviledges of parliament , and thinking himself no lesse concerned , that they be not broken , and that they be asserted and vindicated whensoever they are so , then the parliament it self , hath thought fit to adde to his last message , this profession , that in all his proceedings against the lord kymbolton , mr hollis , sir arthur haslerig , mr pym , mr hampden , and mr strode , he had never the least intention of violating the least priviledge of parliament ; and in case any doubt of breach of priviledges remain , will be willing to clear that , and assert those , by any reasonable way that his parliament shall advise him to . vpon confidence of which , he no way doubts his parliament will forthwith lay by all iealousies , and apply themselves to the publike and pressing affairs , and especially to those of ireland , wherein the good of this kingdom , and the true religion ( which shall ever be his majesties first care ) are so highly and so neerly concerned : and his majestie assures himself , that his care of their priviledges will increase their tendernesse of his lawfull prerogative , which are so necessary to the mutuall defence of each other ; and both which will be the foundation of a perpetuall perfect intelligence between his majestie and parliaments , and of the happinesse and prosperity of his people . ¶ imprinted at london by robert barker , printer to the kings most excellent majesty : and by the assignes of john bill . . the whitby case. approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing w b estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the whitby case. whitby, daniel, - . england and wales. parliament. sheet ([ ] p.). s.n., [s.l. : ] attributed to daniel whitby by wing. date of publication suggested by wing. reproduction of original in the sutro library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng piers -- england -- whitby. whitby (england) -- history. great britain -- politics and government -- - . broadsides -- england -- th century. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - robyn anspach sampled and proofread - robyn anspach text and markup reviewed and edited - pfs batch review (qc) and xml conversion the whitby case . whitby , in the north-riding of the county of york , is a sea-port , commodiously situated near the mid-way between humber , and the river of tine ; in which distance , being one hundred miles , there is not so safe and convenient a harbour , were the peeres repaired ; it being capable of harbouring above five hundred sale of ships at once : and whereas it is now much choaked up with sands , were the peeres repaired , the forceable floods of the river esk , coming from the hills about , would keep it open , so as to be of great service and benefit to the northern navigation , both from storms and enemies , the inhabitants of that town being as forward as any to assist in all cases of danger : and is now , one of the principal nursery of sea-men and fisher-men on these coasts , having at this time , one hundred and twenty sail of ships and vessels , of three hundred and fifty tuns burthen , and downward : yet so it is , that they having no fund , nor are of ability to repair the said peeres of themselves , do therefore humbly beg of this present parliament , to grant them such relief as in their wisdoms shall seem meet . a plea for sr george booth, and the cheshire gentlemen briefly stated in a letter to sir arthur hesillrigge. / by an unbiassed friend of truth and peace. prynne, william, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing p thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) a plea for sr george booth, and the cheshire gentlemen briefly stated in a letter to sir arthur hesillrigge. / by an unbiassed friend of truth and peace. prynne, william, - . hesilrige, arthur, sir, d. . sheet ([ ] p.) s.n., [london : ] signed at end: w.p., i.e., william prynne. imprint from wing. sr george booth = george booth, baron delamer. annotation on thomason copy: "jan: . ."; "honest" before 'w.p.'; "rin" following 'w.p.' reproduction of the original in the british library. eng delamer, george booth, -- baron, - -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no a plea for sr george booth, and the cheshire gentlemen. briefly stated in a letter to sir arthur hesillrigge. by an unbiassed friend of trut prynne, william c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - judith siefring sampled and proofread - judith siefring text and markup reviewed and edited - pfs batch review (qc) and xml conversion a plea for sr george booth , and the cheshire gentlemen . briefly stated in a letter to sir arthvr hesillrigge . by an unbiassed friend of truth and peace . sir , to drive furiously without fear or wit will never render you a good statesman , and partially to distribut● your acts of justice and of mercy cannot recommend you to the world as a good christian : if in both you would approve your self , you ought seriously to weigh , and as one saith , deliberately taste your words and designes before you can digest and prepare them for action . and to let you know that the countrey hath observed your precipitation in the one , and partiality in the other ; these lines do now salute you . the act of indemnity to the officers of the army , and your rigorous proceeding with sir george booth , and his party , do most visibly demonstrate , that you and your fellow-members , have banished all thoughts of justice or consideration in all your resolutions ; and how you will answer it , either at the court of heaven , or of the next ensuing parliament , is past my weak imaginations to conceive ; and therefore give me leave ( according to my usuall plaineness ) to present you with my thoughts , in relation to this so unparalleld diversity of your proceedings . and in the first place let me reflect upon sir george booth and his party , and in your language admit them rebels against you ; and were not fleetwood , lambert , desborough , and the rest of the army officers so too ? and what logical or rational statesman can include those within the predicament of passion , and exclude these ? 't is said that the fear of them , was the over-hasty wombe , that gave birth unto their indemnity , and therefore your power over the other hath made you so severe against them ; but how unsuitable is this to a true roman spirit , which delights to make chaines and fetters , rather then open and unconquered rebellion , the subject of its mercy . this is the effect of a timorous cowardly soul , the other the most certain product of every truly generous and noble nature . but all this i hint supposing the equality of their crimes , then which nothing can be a more gross and palpable mistake ; wherefore sir if you would deliberate upon these two actions in their authours , and in their ends , and in the circumstances of both , you will finde the one a gnat , the other a camel , and how you should swallow this and stumble at that , i know no reason , unlesse it be that of our saviours to the pharisees . however now let 's compare them , and take a short view of their differences . sir george booth and his party but endeavoured and affected to fill up your house with its own ( supposed most legal ) members ; the army-officers have attempted and effected the subversion of you ; or if you will , the one would destroy the part of the body to preserve the major part sound , the other would destroy the part , that we should never hereafter have a whole or part of a parliament ; the one would have perfected you , and made you compleat in all your integrall parts , the other would not have the least part of a parliament : in a word , one would have a parliament but not the minor part thereof , the other ( from their hatred of the peoples power ) abhorred the very name of both ; the one were acted by their oathes and covenants to assert , and defend the freedome and priviledges of parliaments ; and so their actions may seem to be at most the result of an erring conscience ; the other had no visible impulsive cause , but their own boundless ambition , and insatiable lust after domination ; the one would have defended and confirmed , the other would have confounded and subverted all our laws , liberties , and religion ; the one were gentlemen of ancient and considerable families , and could not better themselves by a warre ; the other upstarted mushroms , and could not have risen but by a warre ; the estates of the one are the bitter-sweet fruites of cruelty and bloud ; the lands of the other the gifts of peaceable laws and justice ; the one you had provoked by a forcible secluding their members from their priviledges in parliament , the other ( after your resurrection in may last ) you had lately pardoned and after preferred ; these were your slaves and servants , commissionated by your authority , paid by your treasuries , and therefore obliged at all times , both day and night to be at your absolute command and obedience , the other free from all such severe obligation , and strict inducements to subjection ; the one did rise miles distant from you , hoping that you would consider of a mediation , by a present restoring of them to their most undoubted rights in parliament , and so have prevented any further mischief ; but the other immediately flew at your very faces , and had the confidence of some saucy and rebellious servants , to take you by the head or throat , and most insolently drag'd you out of your own house , and shut your own doores against you , their soveraigne lords and masters : lastly , the one were and ( i dare say ) still are most universally beloved and esteemed the true ( though unfortunate ) patriots , of their countries , laws , and liberties ; the other the very butt or mark against which all true english men do direct and level the arrowes of their hatred and most just deserved indignation . sir , weigh seriously all these but hinted considerations , and inlarge them in your own more judicious thoughts ; and then let me ask you , whether any prudence , reason , or conscience , can honourably perswade you , to affront the whole interest of this english nation , by ruining their friends and pardoning their enemies : and how shall the people believe , that you will ever trust the governement in them by succeeding parliaments , if thus you heighten and inrage their spirits against you . sir , be you confident that never any kept his interest from sinking by swimming against the streame ; nor was there any that advantag'd himself by a diametricall opposition to the generall humour or genious of the people : and therefore it hath been the prudence of antiquity , even in full parliaments themselves , to sedate and compose the spirits of the nation , rather by a favourable compliance with them , then by an express and open contradiction unto them : hence it is you have a parliament roll stiled rotulum contrarientium , the reason whereof was , because thomas earl of lancaster ( a man singularly beloved ) taking part with the barons against king edward the second , in hatred of the spencers : it was not thought safe for the king , in respect of their power and interest in the affections of the people , to name them rebels and traitors but contrarientes . true it is , he that despiseth the peoples power knowes not his own weakness , and therefore by the neglect of the one and ignorance of the other , suddenly makes himself obnoxious to the miseries of a popular rage and confusion . to conclude then , if it be impossible to have any succeeding parliaments ( though the royalist be excluded therefrom ) that will approve and confirme this your late act concerning sir george booth and his party ( the possibility or impossibility whereof i leave to your own thoughts . ) is it not prudence to look before you leap ? and to ground your actions upon the popular interest , and not upon any particular faction ; which ( like an ignis fatuus ) the contrary windes of private parties , will easily tumble and tosse with a perpetual agitation and inconstancy : whereas the brightnesse of a true publick interest , will keep its native splendour and glory , maugre all those clouds and storms of opposition , which the blustering spirits of private and partiall concernments can raise either to eclipse or weaken it ; the undoubted experience whereof , the revolution of a few monthes , will i hope demonstrate unto as well your self as unto your humble servant w. ● . england's confusion, or, a true and impartial relation of the late traverses of state in england with the counsels leading thereunto : together with a description of the present power ruling there by the name of a parliament, under the mask of the good old cause / written by one of the few english men that are left in england ... anglesey, arthur annesley, earl of, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing a a). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing a a estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : or : ) england's confusion, or, a true and impartial relation of the late traverses of state in england with the counsels leading thereunto : together with a description of the present power ruling there by the name of a parliament, under the mask of the good old cause / written by one of the few english men that are left in england ... anglesey, arthur annesley, earl of, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing a a). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread p. ; cm. [s.n.], london : printed in the year of our lord, . this item appears at reel : incorrectly identified as wing a . imperfect: cropped, stained and with print show-through. reproduction of originals in union theological seminary library (new york), and william andrews clark memorial library, university of california, los angeles. eng great britain -- social conditions -- th century. great britain -- politics and government -- - . a r (wing a a). civilwar no englands confusion: or a true and impartial relation of the late traverses of the state in england; with the counsels leading thereunto. tog anglesey, arthur annesley, earl of d the rate of defects per , words puts this text in the d category of texts with between and defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - ali jakobson sampled and proofread - ali jakobson text and markup reviewed and edited - pfs batch review (qc) and xml conversion englands confvsion : or a true and impartial relation of the late traverses of the state in england ; with the counsels leading thereunto . together with a description of the present power ruling there by the name of a parliament , under the mask of the good old cause . written by one of the few english men that are left in england . judg. . . and it was so , that all that saw it said , there was no such deed done nor seen from the day that the children of israel came up out of the land of egypt unto this day : consider of i● , take advice , and speak your mind . rom. . , &c. therefore thou art inexcusable , o man ! whosoever thou art that judgest , for wherein thou judgest another , thou condemnest thy self : for thou that judgest dost the same things . tim. . , , , , . this know also , that in the last dayes perillous times shall come . for men shall be lovers of their own selves , covetous , boasters , proud , blasphemers , disobedient to parents , unthankful , unholy . without natural affection , truce-breakers , false accusers , incontinent , fierce , despisers of those that are good . traitors , heady , high-minded , lovers of pleasures more than lovers of god . having a form of godliness , but denying the power thereof ; from such turn away . gal. . . if i build again the things which i destroyed , i make my self a transgressor . the third impression with new additions . london , printed in the year of our lord , . a true and impartial relation of the present actings at westminster ; under the mask of the good old cause . it is not unknown to any that have not been wilfully blind , wi●h what a high hand of arbitrary power the late protector oliver cromwell swayed the scepter of these three nations for the space of five years , and laid the best foundations his short and troublesome reign would give leave to have continued his posterity in the same unlimited dominion ; declaring , when death summoned him to account ( if we may credit the greatest of our present rulers ) h●s eldest son richard his successor in his usurped dominion , and leaving his son henry lord lieutenant or viceroy of ireland , and his daughter fleetwood married to the commander in chief under him of the army , ( which they had very far new modelled for their turn ) and the most probable competitor for succession in the protectorship . now that subtle lambert was upon discovery , his active undermining spirit removed from all places of trust and opportunities of doing mischief . in this posture of affairs was england and the dominions thereof , when the lyon was forced to quit his prey ; of whom i will say no more , because he is gone to his own place , and where i can speak no good of the dead , i hold it almost a duty to say no evil . the protector being interred among the kings and queens at westminster , ( at a vaster charge than had been used upon like occasions in the richest times ) death giving him that honour which he had aspired to , but durst not embrace in his life time , his son richard , an honest private gentleman well beloved in hampshire , the country where he lived , ascended the throne by the invitation and incouragement of fleetwood , d. shorough , syd●nham , the two jones's , thurloe , and others the relations and confidents of his father , and by the contrivance of the court received congratulations ( prepated at vvhite●all ) from most of the counties , cities and chief townes of england , and from the armies of england , scotland , and ireland , with ingagements to live and die with him ▪ addresses from the independent churches by doctor goodwill and nye their metropolitans , and was indeed worshipped by many as the rising sun in our horizon . this introduction being made to the transferring the government of these nations from the stewarts to the cromwells , it was conceived by those who had proceeded thus far , that a general convention or 〈…〉 ●isely chosen by influences from court ; would easily swallow what had been so well prepared to their hands . and accordingly it 〈…〉 by the junio before mentioned , that a par●●●ment should be called to meet the twenty seventh of january last , and ( by pretence of resto●ing the people to their ancient way of elections , but really ) that the court might command the more votes , the burroughs had writs also sent to them , and the elections were all made in the antient way , only thirty members were called by w●i●s from scotland , and as many from ireland , according to the late combination of the three nations into one commonwealth . this new kind of parliament being met at the time and place appointed , god had so well ordered the elections , notwithstanding the practices of men , that their english spirit quickly appeared both against impositions from court and army . and though their counsels were at first interrupted with an act of recognition of the protector , prepared and brought in by the court , which took up the first fortnight of their time upon the very point of recognition , ye● they were at length extricated from that difficulty by the expedient of an honest gentleman , in passing these votes on monday the fourteenth of february ● . without any division or negative . resolved , that it be part of this bill to recognize and declare his hignesse richard lord protector and chief magistrate of the commonwealth of england , scotland , and ireland , and the dominions and territories thereunto belonging . resolved , that before this bill be committed , the house do declare such additional clauses to be part of this bill , as may bound the power of the chief magistrate ; and fully secure the rights and privileges of parliament , and the liberties and rights of the people : and that neither this , nor any other previous vote , that is , or shall be passed in order to this bill , shall be of force or binding to the people , untill the whole bill be passed . their next work was to appoint a committee for inspection into the accounts and revenue of the commonwealth , which had been lamentably squandred and wasted ever since , ( when the major part of the parliament , called in caroli , was forceably imprisoned and secluded by the army and their follow-members ) and twelve members versed in matters of account , whereof mr. scowen was in the chair , were selected for this work , and fully impowered for the work they had in hand , in order to the retrenching and lessening the charge of the common-wealth . on saturday the nineteenth of february they proceeded in the act of recognition , and resolved , that it shall be part of this bill to declare the parliament to consist of two houses . and had afterwards several dayes debate by order concerning the bounding of the chief magistrates power , and the bounds and powers of another house in relation to the former votes , but could come to no resolution thereupon , the court party stickling hard for the powers given them by the petition and advice , and the honest patriots of the house ( whose weighty reasons then convinced the common-wealth party now ruling to go along with them ) denying it to be a law , being obtained by force and exclusion of above a hundred members in the year , by which force also the purse was taken from the commons by setling a revenue of thirteen hundred thousand pounds a year in perpetuity of the command of the single person , and the ruling members of the other house being most of them officers of the army and courtiers ; which being allowed for law , the people would have been absolute slaves to their power , and purse , stollen from the commons as aforesaid , whilest the temper of the house was thus tryed , and they appeared sufficiently to be english men , divers of the members of scotland and ireland joyning with them in the same resolutions , by the joynt advice of the court and army party , the question of transacting with the persons sitting in the other house , as an house of parliament , was set before them , upon pretended grounds of law and necessity , and by arguments of force and interposition from the army , and of impossibility to proceed in any thing without the said other house . this attempt was as stoutly opposed for fourteen dayes by the moderate honest patriots of the house as the former ; the undoubted right of the antient peers asserted , and all the said grounds and arguments confuted , except that of force , which was not to take place with any thing like a free parliament of english men : but in the close of the fourteen dayes debate , wherein much of the honesty , ingenuity and courage of the english nation did appear , ( seeing all affairs at a stand till something were resolved in this point ) they came in a very fall house to this well qualified resolution . resolved , that this house will transact with the persons now sitting in the other house , as an house of parliament , during his present parliament : and that it is not hereby intended to exclude such peers as have been faithful to the parliament , from their privilege of being duely summoned to be members of that house . the house of commons ( between the protector , the other house , and the general council of of●icers now summoned to meet at wailingford house ) may well be conceived at this time to have had a wolf by the ears , and ( having shewed themselves english men and not slaves ) had reason to entertain wary counsels , having some of their own members undermining them without dores ; and foreseeing a disolution , though not knowing whether they should die a violent or natural death , or have a mint kind of decease , as it fell out afterwards : and therefore they resolved not to own them in the other house as lords , but called them , the persons now sitting in the other house as a house of parliament ; neither would they treat & confer with them , in the usual way as with the house of peers , and therefore found out the new word of transacting ; and not intending to have to do with them , but for a tryal , they limited the time to be during this present parliament , which they foresaw would not be long ; and to muzzle the new inconsiderable upstarts sufficiently ( if they should take too much upon them ) they asserted the privilege of the antient peers as a good reserve , if the parliament should by the protector and army be suffered upon second thoughts to sit longer than was at first intended . and resolved also , that they would receive no message from those persons sitting in the other house , but by some of their own number . the house of commons by this time had also by a saving in a vote concerning the fleet asserted their interest in the mil●tia , and had under consideration an act for taking away all laws , statutes and ordinances concerning the excise and new impost , and concerning customes , tunnage and poundage , after th●ee years . and had vindicated the peoples liberties , by setting major general overton and mr. portman , and divers others ( illegally committed by the late protector ) at liberty without paying fees , and declaring their imprisonments and detention illegal and unjust ; and had their new lord jailor ●arkstead & others at their bar under question for the same . and had also a high resentment of the illegal sending freeborn english men against their wills to the barbadoes and other forein plantations , & to the isles of guernsay and jersey , out of the reach of the writ of habeas corpus , and had appointed a strict bill to be prepared for remedy thereof . and had examined and discovered many other grievances brought upon the people by the officers and farmers of excise and others ; and by major generals , amongst which butler was for his insolent actings and high alfronts to the law and courts of justice , put out of the commission of the peace , and a committee appointed to draw up an impeachment against him . the committee also for inspection , before mentioned , had brought in and reported to the house the state of the accounts and publick , and of the martial and civil lists in the three nations , by which it did appear , that the yearly incomes of england , scotland and ireland , came to eighteen hundred sixty eight thousand seven hundred and seventeen pounds : and the yearly issues to , two millions two hundred and one thousand five hundred and forty pounds : so that three hundred thirty two thousand eight hundred twenty three pounds of debt incurred yearly by the ill management of double the revenue that ever king of england enjoyed : and to maintain the unjust conquest of scotland , cost us yearly one hundred sixty three thousand six hundred and nineteen pounds more than the revenue it yields . many other particulars were under their consideration , as to the religion and civil rights of the people , too long now to be mentioned : but in short , to give them their due , they did some good whilest they sate , both to the publick and particulars , and intended much more , and did no hurt , gave no offices nor gratuities to themselves out of the publick treasure , nor granted any money from the people , which is more than can be said of any parliament in our memory . proceeding thus successfully and hopefully to the general satisfaction of the people in the three nations , who chose them ; the protector and chief officers of the army , who were jealous of one another before , and competitors for government , grew now jealous of the house of commons also , who being the representatives of the people , were become also their m●nions and favourites . it was therefore now thought seasonable to contend among themselves for the power , before the people should recover it from them both : in order to which , the general council of officers kept their constant meetings at wallingford-house , and the protector with his party countermined them at whitehall . the result of the officers assembling was a representation to the pr●●●ctor , which was published by the officers own order , the seventh of april ; and the day after a copy thereof sent inclosed by the protector in a letter to the speaker of the house . this representation was like lightning before thunder , both to the protector and the house ; for though it hath some seeming fair professions intermixed , it is written in such a canting aequivocating language , whereof the sword was like to be interpreter , that the sting was easily visible through the honey , and their former actions and suitable continuing honesty better credited than their words . hereupon the protector begins too late to think of securing himself from being surprized with their complements , and stands upon his guard . and the commons house , as became englishmen , wisely and couragiously resolved to let the officers know that they took them still to be their servants , though they had for too many years ill deserved their wages , rebelling and usurping the government at their pleasure ; and intending to try what they meant by the good old cause , which , as they seemed to represent it , smelt of gunpowder and ball , and whether the repentance held forth in their said representation were real or military , passed these votes on monday april the . resolved . that during the sitting of the parliament there shall be no general council or meeting of the officers of the army , without direction , leave , and authority of his hignesse the lord protector , and both houses of parliament . resolved , that no person shall have or continue any command or trust in any of the armies or navies of england , scotland , or ireland , or any the dominions and territories thereto belonging , who shall refuse to subscribe , that he will not disturb or interrupt the free-meetings in parliament of any , the members of either house of parliament , or their freedom in their debates and counsels . and the same time to shew their care of the army , and to prevent jealousies , they passed the following votes . resolved , that the house do presently take into consideration the wayes and means for satisfaction of the arrears of the armies , and providing present pay for them . resolved , that serjeant maynard the attorney general , and sollicitor general , do forthwith prepare an act of indemprity for all such as have acted under the parliament and common-wealth . whilest the house spent the rest of their time in considering how to provide money , without laying new burthens on the people , great contests grew between the protector and the opposite officers of the army , both sides keeping guards night and day against one another , the protector having in pursuance of the votes of the house forbidden the meetings of the officers . in this divided posture , affairs continued till friday the . of april , on which morning early , fleetwood the protectors brother , desborough his uncle , and the rest of the mutinous officers , carrying the greater part of the army after them , and the protectors party flinching , the conquest was made without one drop of blood , ( which was strange in so antient , hereditary , just , and undoubted a title ) and the protector forced to consent to a commission and proclamation ready prepared , giving desborough and others power to disolve the parliament , contrary to the best advice , and his own interess and promise . and accordingly the same day , the black rod was sent twice to the house of commons ( from fi●nnes speaker of the other house ) for them to come thither , but they admitted him not in , and much scorned the motion , having ever looked upon that mushrum house as the lower house and their own creature , the language being to send down to the other house , when they sent the declaration for a fast , for a trial of transacting with them : and therefore understanding there were guards of horse and foot in the pallaceyard , after some motions made by mr. knightly , sir arthur haslerigge and others , wherein sir arthur exceeding , that the house should first declare it treason for any persons whatsoever to put force upon any members of the house ; and next , that all votes , acts , and resolutions , passed by any members of parliament , when the rest were detained from , or taken out of the house by force , should be null and void , and other motions becoming englishmen to that end , judging themselves under a force ; and finding they were very unanimous , though near four hundred in the house , in the things proposed , they resolved no question , but adjourned till monday morning the twenty fifth of april , and attended the speaker in order through westminster-hall to his coach in face of the souldiery . now the court ( according to the guise of the world in like accidents ) shrunk out of whit●hall into wallingford house : and fleetwood , d shorow , & the rest of the officers , great and small , took the government into their own hands , the house of commons being shut up , and entrance denied to the members when they came on monday ( even to sir henry vane and sir artbur haslerig themselves ) according to adjournment , the court of requests and all avenues being full of souldiers , who told the members they must sit no more . after the officers had new model'd themselves , cashiering whaley , ingolsby , goffe , and divers others of the protectors party , and restoring lambert , haslerig , okey , and others displaced by protector oliver , and played with the government for a few dayes , & grew weary of it ( the inferior officers and the pamphlets ( that now flew about daily without controul ) carrying things beyond the intention of the chief officers , who would have left the protector a duke of venice , for his fathers sake who raised them , and their relation to him which they had forgotten till now they sent to some of their old hackney drudges of the long parliament then in london , who they knew would do any thing so they might be suffered to sit , and on the fifth and sixth days of may had conference with them , the last of which was at their never failing speaker , the master of the rolles house in chancery-lane , where both officers , viz. lambert , who had already gotten his old place , and others with him , and members , viz. sir henry vane , sir arthur haslerigge , ludlow , john jones , mr. chaloner , mr. scot , and others , to the number of twenty , solicited william lenthal esquire to sit speaker again , but be objected scruples in judgement and conscience , ( which are not yet answered , nor never will : ) nevertheless fifteen articles between the officers and some of the members ( who it seems over-confidently undertook for the rest ) being first agreed on at some of their meetings they resolved to meet in the house on saturday the of may ; yet that they might do it by surprise , they gave out that they would not sit till tuesday the tenth of may : but the itch of ambition and lording it over the people , giving them no quiet , on saturday the seventh of may early they met , in the painted chamber at westminster , and to make up their number , sent for the two chast cock-sparrows , the lord manson , and mr. henry martin out of prison , where they were in execution for debt , and honest whitlock , and lisle of the chancery bench , and with this addition being two and forty in number , the chancery mace for hast being carried before them . william l●nthall esquire , their tender conscienced speaker , together with the said lord munson . henry martin . mr. whitlock . mr. lisle . temperate mr. chaloner . wise alderman atkin . rich alderman pennington . pedantick thomas scot . hastily rich cornelius holland . single hearted , preaching sir henry vane , now become old sir harry . prideaux attorney general to all governments . smiling sir james harrington . levelling ludlow . pembrochian oldsworth that made the earl his masters wise speeches vain-glorious , hair-brained haslerigge , with repentance like the armies in his conscience , and the bishoprick of durham at his back . sir thomas middletons man jones . doting purefoy , without purity or faith . coll. white the lord fairfax's secretary got before his master . relig●ous harry nevil . mr. say , the famous lawyer . mr. blagrave , better known at reading then here . coll. bennet , sir . henry vane's little second at preaching . mr. brewster , a cypher to make up the number . serjeant wilde , best known by the name of the wilde serjeant . john goodwin , alias herbe john . mr. lechmore , the attorney generals second at all governments . augustin skinner , a kentish christian . mr. downes another cypher . mr. dove , a brewer of salisbury , come to help in this new brewing . mr. john lenthal , william lenthal's own son . saloway , a smart prating apprentice newly set up for himself . m. john corbet , such another lawyer as miles , and of his own colour m. valton , that will never forget his son furnished blacks for the protectors funeral . gilbert millington , the church snuffers , who desires no better trade then scandalous ministers . mr. gold newly married to get more , the common-wealth being poor . coll. sydenham a dorset shire couple in at all governments , who rather talk then fight , & yet will venture to doe any thing , being backt with an army , against the naked people . coll. ayre , whose name fills his head . mr , smith a six clerk , that wishes he could write and read . coll. ing●lshy ; that fought so well lately for the protector against fleetwood : and , fleetwood , that holy man , who so smoothly supplanted the protector , that he perswaded him three crowns were not worthy a drawn sword . stole on the sudden into the house , the invitation of the army for the sitting of the long parliament ( as they call it ) being first published in vvestm. hall . upon notice of their sitting , there being double their number members of the same parliament in town , and many of them in the hall , to prevent the mischiefs of a sureptitious packt parliament , they agreed among themselves in the hall ( though they were doubtful that parliament was disloved ) that about a dozen or fourteen of them should immediately goe to the house : and the persons that did so were these , viz. mr. ansley sir george booth mr. iames harbert mr. prynne mr. geo. monntague sir iohn eveling mr. iohn harbert mr. gewen mr. eveling mr. knightley mr. clive mr. hungerford mr. harley mr. peck vvho though with much ado , they got into the lobby , they were not suffered by the officers of the army to go into the house , though they disputed their priviledge of sitting ( if the parliament were yet in being ; ) but reason , as well as the laws , must be silent amongst men of vvar ; and therefore after they had fairly made their claim , and found the house under force , they retired , and resolved by letter to acquaint the speaker , and those gentlemen assembled with him , what usage they had received . and according'y on monday the . of may , they went to westminst. where understanding that there were no guards upon the house , mr. ansley , mr. prynne and mr. hungerford went up to the house , and had free admittance , receiving the declaration of the . of may at the door , which were published this day ; but m. ansley walking afterwards into the hall ( the house not being ready to sit ) to let the members know , that though they were repulsed by force on saturday , the house was open for honest men this day ; at his return , capt. lewson of goffe's regiment ( as he confessed himself ) and other officers denied him entrance ; he asking them whether they were a committee to judge of members without doors : they said no ; but they were commanded by their superiour officers to let none in , that had not sate till apr. . after some reasoning the case with them , the capt. told mr. ansley , that if he would give his paroll to return without sitting , he might go in and speak with whom he pleased ; so upon his paroll passed to the captain , he was permitted to go in the second time , and soon after returned , telling the captain as he came out , that he had kept his paroll , and wished he and his souldiers would do the like . mr. prynne continued still there , and resolved so to do , since he saw there was force again upon the house . the discourse mr. prynne had within dores , and how he made them lose that morning , and adjourn by reason of his presence without the speakers taking the chair , you may expect from another pen . and how he attempted to sit again in the afternoon , but found there a troop of horse , and two companies of red coats , keepers of the liberties of england , and so bid them farrewel ; immediately after which , to prevent further inturruption in their works of darkness from honest men , they barred the door against three parts of four of the members of the house by the following votes . ordered , that such persons heretofore members of this parliament , as have not sate in this parliament since the year . and have not subscribed the engagement in the roll of engagement of this house , shall not sit in this house till further order of the parliament . whereupon , sir george booth , mr. ansley , mr. knightly , mr. prynne , and the rest , who had agreed on a letter to be sent to them , finding them in their old temper of trampling the priviledges of parliament under foot , and judging without hearing , resolved to make no application to them . but a coppy of a letter coming to my hands , i judge it so worthy of the persons that subscribed it , and of the publick view , that i have here inserted it . it was directed to william lenthall , esquire , speaker to the members of the house of commons now sitting at westminster . sir , we the persons subscribing and others , members of the house , coming to westminster-hall on saturday the th of this moneth , understood that the officers of the army had by their declaration dated the day before , invited the members of parliament to return to the exercise and discharge of their trust , by virtue of an act of parliament passed caroli , wherein are these words : and be it declared and enacted by the king our soveraign lord with the assent of the lords and commons in this present parliament assembled and by the authority of the same that this present parliament now assembled shall not be dissolved unless it be by act of parliament to be passed for that purpose nor shall be at any time or times during the continuance thereof , prorogued or adjourned , unless it be by act of parliament to be likewise passed for that purpose ; and the house of peers shall not at any time or times during this present parliament be adjourned , unless it be by themselves or their own order . and in like manner , that the house of commons shall not at any time or times during this present parliament be adjourned , unlesse it be by themselves or their own order : and that all and every thing or things whatsoever done or to be done for the adjournment prorog●ing or dissolving of this present parliament , contrary to this act shall be utterly void and of none effect . and having casual notice immediately after , that yourself together with the lord munson , mr. henry martin , mr. chaloner , mr. henningham , sir peter wentworth , alderman arkin , sir arthur haselrig , mr. blagrave , sir henry vane , mr. purefoy , and others to the number of forty or thereabouts , were privily met together in the painted chamber , and seen to pass thence with a mace before you into the house , we did not only out of sense of duty to our countries , if that parliament be not dissolved , but by the perswasion of multitudes of honest faithful , & well-affected people , minding us of our trust , & that you wanted number in the house for the publick service , resolve that ( in regard of the great croud ) only about fourteen of us ( there being many more in the hall ) should presently go to the house , where if they found free admittance , the rest might follow ; but getting with much difficulty up the stairs , we found the outward door shut , and strictly kept , yet by degrees we got into the lobby , where we found the inner door of the house guarded by lieutenant coll. allen , and other unknown persons , officers as it was said of the army , who though we pressed hard to get into the house , and urged their incompetibility to judge of the members without doors which by the priviledge of parliament was proper onely for the house , and how they were all oblieged to preserve the freedome , rights , and liberties of parliament , the former interruption and forcing whereof they had seemingly repented & by your present sitting by virtue of the said act of car. have published to the world the injustice of their late dispersing us ; yet by no earnestness nor arguments could we prevail , but were forcibly hindred by them from going into the house ; and when some of us acquainted major general lambert , whom we met in the lobby as we returned , of our usage by the officers , though he give us civil words yet the force was not removed , whereupon we withdrew our selves , resolving to give you this account thereof , that you may know that though to your selves you may seem to sit free , there is the same force as we conceive continued at your doors , which excluded , interrupted , and forced the major part of the house in . and now having laid before you the matter of fact , and not being conscious to our selves of having done any thing in breach of our trust , or which may merit an exclusion from publick counsels , and duly weighing the sad condition of these three nations , and that in the multitude of counsellors there is safety & that of the said house there are yet living at least three hundred members , besides those that sate that day , not being admitted to discharge our trust , and to give our faithfull counsel for the good of these distracted and divided nations in the house , and to assert and vindicate our innocence and faithful adhering to the good old cause , as it was held forth by the parliaments votes , declarations and oaths , till we were forcibly excluded : we have thought it a duty incumbent on us for our selves ; and the respective counties , places , and all the people for which we serve in this way , to claim our own and the peoples right of having their representatives freed from force , and admitted to the house , unlesse it be legally dissolved , and unless in a parliamentary way ( by a full and free house and not by any without dores ) any thing can be charged against them to disable them , which we are ready as members in our places to answer and quit our selves of . and having no more at present to say , but to desire that this our claim may be communicated to the house , we remain westminster may . . your loving friends . thus you see ( to the grief of all that fear god ) the same pretended parliament was sitting in . ( till the protector oliver , by the be●● act of his life ; pull'd them out of the house ) sitting again upon a declaration of the army ( whose slaves they are ) to doe what they please , as time will discover : and that you may see they can trust few but themselves , and are not changed ( for all their feigned repentance ) they are already return'd into the good old cause of preferring one another , and their friends to good offices and commands , and counsellors places , as appears by their vote of the . of may , viz. the parliament doth declare , that all such as shall be imployed in any place of trust or power in the common wealth , be able for the discharge of such trust , and that they be persons fearing god and that have given testimony to all the people of god , of their faithfulness to this common-wealth , according to the declaration of parliament of the . of may . and their proceedings thereupon , whereby they have chosen of their own members for a councel of state , . viz. sir arthur haselrig sir henry vane ludlow jo. jones sydenham scot saloway fleetwood sir james harrington coll. wal●on nevil chaloner downes whitlock . whose several characters you have before . hab. morley squib-maker of the county of sussex . sidney who hath nothing of sir phillip but the name . coll. thompson as wood a head as leg. coll. dixwel better know in kent then trusted . mr. reynolds half bishop of winchester , and whole solicitor to the infant common-wealth . oliver st. johns , late sollicitor to the king , now sollicitor to the common-wealth , to be chief justice again ; but they hold him to be sanctus nomine non re , and too great a patron of the law . haselrig remembers his and collingwoods case . mr. wallop a silent hampshire gentleman , much in debt , fit indeed to be councellor , if he could advise the common-wealth how to get out of debt . of persons without the house ten , viz. bradshaw , president at the formal murder of the king . lambert a york-shire gentleman , not born to wimbleton house , but too crafty for them all , now old oliver is gone . d●sborough , a country clown , without fear or wit . lord fairfax , an allay for lamberts brittle mettle . berry the worst of the major generals , except butler . sir anthony ashley cooper , a gentleman too wise and honest to sit in such company . sir horatio townsend , a gentleman of too good an estate to be hazzarded with such a crew . sir robert honnywood , sir henry vane's brother in law . sir archibald johnson , never advanced before the marquess of argile till he came for england . josiah barners fool of the play . their next work must be to vote money answerable to the dignities bewowed on themselves ; they discontinued the term ( to the great damage and discontent of the people ) because many suits were depending against vane and hazilrig ; and if they rule on as well as they did when oliver turned them out of doors with the braod of knaves , whoremasters and drunkards , to the general rejoycing of the people , no doubt we shall be a happy nation ; and what esteem the people had of them appears by the elections to the last parliament , wherein though none but persons well affected to parliaments had votes , and the persons now sitting laboured hard to be chosen , very few of them were elected , the people generally looking upon them as apostares from the good old cause ; and therefore no wonder they would have that parliament to which only they were chosen never dissolved . i have now little more to do at present ( honest and learned mr. pryane having saved much of my labour ) but to let the world see how they go about by the example of the army , whose apes they are , to cozen the people of their religion , laws , liberties , parliaments and money , with a ra●●le , called the good old cause , which is a very cheat as you may see by the ensuing penitential letter of one better skilled in their cheats than i am . mr. hugh peters letter written to a chief officer of the army . sir , vvhereas the late transactions of the army , have very sore afflicted me ; and with heman , psal. . ver. . have exceed ugly troubled me , because of my love to my native countrey , and the concernments thereof , i thought it my duty , being under much bodily weaknesse , to desire you to take and give notice unto others , of these my apprehensions ensuing . . though call'd to speak to the officers , i knew not their further intentions . . when i heard of his highnesse distasting their meetings , i went to three of the chief , and beg'd as for a penny , that they would not proceed in any meeting , and did the same to other officers i met withall . the dangers i conceive are these , because the protector and the two houses as they were set , was the hopefullest way in the whole world to settle these nations , and the crossing thereof most dangerous , as now it appears both in the sin and sorrow of it , as . all the armies addresses to his highness to live and die with him , are broken , and their proclaiming of him everywhere slighted . . his family , himself and lady , being truly godly ; yea , such a family of godlinesse and sobriety , not known in the christian world , now broken , and the son of jerubaal not regarded . . the authority of the best parliament , and most freely chosen ; trampled upon ; yea , such a sort of men gathered together as would have been a defence and establishment against all evils . . nothing set up in their place , an enemy at the door , a pe●u●ious souldiery , thousands of poor perishing , that by this time might have been paid , widows and orphants already dying in the streets . trade gone , private souldiers grown masters , law and gospel dying , the whole protestant cause in the whole world over●ottering , how much animosity , discontent , and self ends have prevailed herein i know not ; but if the least encouragement was taken , by any word of mine , who was a stranger to any design , i do here professe my sorrow and grief for the least occasion of it , and look upon the whole businesse as very sinful , and ruining , of which the child unborn and after ages will be sensible ; and this i write from the saddest spirit of a sick man , and your loving friend , hugh peters . i know but one expedient , which is , that his highnesse may be in the same condition with his house and family ; and that he be desired to call in as many of the late parliament as are at hand to make up a house , and councel , and indemp●ity to passe , and so forthwith to settle things . and for that which they call the good old cause , ( i look upon it as a cheat by the jesuits put upon the army , ) the which we enjoyed , it being liberty and peace . vvhitehall may . . thus far mr. peters . but for a further discovery of the cheat ob●●uled upon the people by putting of the good old cause , i shall to avoid large recicals of remonstrances , votes and declarations of parliament , state the true good old cause in the house of commons own words briefly out of their declaration of the th . of april . at the end of the war when they were full and free which they caused to be affixed in all the churches of england , to call god and man to witnesse their sincerity therein . and because the title of it is very significant and comprehensive take that at large . viz. die veneris april . . a declaration of the commons of england assembled in parliament of their true intentions concerning the antient and fundamental government of the realm ; the goverment of the church , the present peace , securing the people against all arbitrary government , and maintaining a right understanding between the two kingdomes of england and scotland , according to the covenant and treaties . the preamble recites how their good intentions had been misrepresented by divers declarations and suggestions of the king , and thereby and by other practices the minds of many possessed with a belief that there was no just cause of the war , and that now they had succeeded in the war they desired to exceed or swarve from their first aims and principles in the undertaking the war , and to recede from the solemn league and covenant and treaties between the two kingdoms , and that they would prolong these uncomfortable troubles and bleeding distractions in order to alter the fundamental constitution and frame of this kingdom , to leave all government in the church loose and unsetled , and themselves to exercise the same arbitrary power over the persons and estates of the subjects which that parliament had thought fit to abolish by taking away the star chamber , high commission , and other arbitrary courts , and the exorbitant power of the councel table . then they declare in general that they will settle religion in purity , according to the covenant maintain the antient and fundamental government of this kingdom , preserve the rights and liberties of the subject , lay hold on the first opportunity of procuring a safe and well grounded peace in the three kingdomes , and to keep a good understanding between the two kingdoms of england and scotland according to the covenant and treaties . then to give fuller satisfaction they declare particularly concerning church government , that they are for the presbiterial government with a due regard that tender consciences which differ not in any fundamentals of religion may be so provided for , as may stand with the word of god and the peace of the kingdom . then they declare , that there was nothing they had more earnestly desired , nor more constantly laboured after , than a safe and good peace ( with the king ) which is the just end of a just war , and ●here they assert the fundamental constitution and government of this kingdome to be by king , lords and commons , which they will not alter . then they conclude that the first and chiefest grounds of the parliaments taking up armes in this cause was to suppress attempts of introducing an arbitrary government over this nation , and protecting delinquents , enemies of our religion and liberties , by force from the justice of parliament , and declare that they will not interrupt the ordinary course of justice in the several courts and judicatories of this kingdome . this is the good old cause the parliament owned . and therefore let all that fear god in the three nations consider whence they are fallen , even from the good old cause held forth in the votes ▪ remonstrances ▪ declarations , protestations , vows and oaths of the parliament published in maintenance of our ancient and well tempered setled government by king , lords and commons , to a sneaking oligarchical tyranny under the bare name of the good old cause , which is as changeable as the addle heads that contrive it , as oppressive as the corrupt w●●ls of licentious men can make it , must be as arbitrary as the army will have it , and shall be more fully deciphered if they persist in it , which they never dare do , if the people who yet seem to be in a lethargy remember their first works , and be as resolute to assert their religion , lawes and liberties , as these despera●e men of lost fortunes and reputations are bold to trample them under foot , and make this great people ( once famous is through the world for valour , wisdom and religion ) a scorn and derision to all that are round about us , and themselves monsters of men by their a●heism , apostacy and inconstancy . i shall conclude with some advice ( now it 's seasonable ) to the army , to the people of all sorts and degrees , and to the members sitting at westminster . . faithful aduice to the army . first , remember the ends for which you were raised , for defence of king , parliament , religion and liberties , that you were servants to them and received their wages , and were 〈◊〉 by oathes to them . . remember how in you were fi●st by some of your ambitious officers , most whereof are since dead , seduced to rebel against and betray your masters ( whom you accused falsely ) and to refuse to disband when the war was ended , whereby you are become oppressers and robbers ever since , and meer 〈…〉 . . remember how in december . you rebelled the second time against your masters , and forceably and trait●rously as well as perjuriously b●oak the parliament , imprisoning and driving away most of the faithful members , keeping only a few that prostituted themselves and the rights and liberties of the kingdome with the lives of the king , nobles and commons to their own ambition , and to your lusts and wills , as your pentioners in the house till april . when you rebelled against them and for their self seeking and notorious crimes and miscarriages ( printed then at large in your declaration ) you absolutely dissolved them to the general satisfaction of the people . . remember how giddily and impiously your ambitious wicked officers have lead you through horrid murders , treasons , and breach of oathes from a happy settled government under a king and parliament . first to a ridiculous commonwealth , thence to a new kind of protector , thence to prayse god bare-bones little parliament , thence to a protector with an instrument of lamberts making , but never in tune , thence to tyrannical major generals , thence to a new crochet called the petition and advice , thence to a new protector and two houses of parliament , whereof one was still-born , thence to build up the things which you destroyed , whereby you have made your selves transgressors . gal. . . thus have you marched so fast from one government to another ' that the poor people wearied out , are fain to return home and sit still in a maze , abhorring your unstable ungodly ways , and crying to god in secret that he will at length restore unto england our kings and nobles as at the first , and our judges as at the beginning , making it a quiet habitation , which by your ungodly courses hath been so long a howling wildernesse full of birds of prey and beasts that do devoure . i have no mo●e to say to you , but that if your mist●ading officers can reconcile your actings since , to the scripture rule , which you find luke . . by which all christian souldiers much more then heathen are to walk , viz. do violence to no man , neither accuse any falsly and be content with your wages ; then le● them go for honest men and count me mistaken . but if this discourse of mine by god's blessing becomes instrumental for the awakening your drowzie consciences to see your long course of sins and provocations , and to repent , then let me tell you your work is short to make your selves and the kingdome happy ; for as you have lately gone six yeares backward at one step , viz. from this time to april . so if your officers and you will but make one step more , viz. from april , to december , to our ancient long-experienced and fundamental constitution of government by king , lords and commons , you will justifie your repentance to be sincere , and render it famous to all the world , and deserve and have rewards from your countrey instead of indempnity which you now beg from every power that sits . . advise to the people of all sorts and degrees . delirant reges plectuntur achivi , your rulers do●e and go astray but you suffer by it as well as they . therefore strive to set them right ; & though they forget their oaths and promises , do you remember yours : have you ever seen quiet or settlement since the king was inhumanely murd●ed this own gate , and our ancient government by king , lords and commons changed ? since our covenant was counted an almenack out of date ? this was one in . shall i perswade you to return whence you are fallen ? i need not , i know you are ready for it , and watch your opportunity . let me only tell you the time is now come ; for having tryed all other ways , insomuch that we are going round again where we first turned aside ; you see no foundation to build upon but our ancient one , strive therefore for the restoring of king , lords and commons , that you may enjoy them and be happy : remember how the ministers and others of london , essex , suffolk , northamptonshire , lancashire , and other counties gave their testimony against the king's death in : and repent for that bloud with which the land is defiled : let those who so boldly in their late mutinous representation to the protector moved for a justification of the kings death and all acts done in pursuance thereof know , that they may as soon pull the stars out of god's right hand , as make those that fear his name in england justifie such a horrid impiety for which god hath made us an unsetled people ever since , and hath given them and the kingdome no rest ever since ; nor will till they repent and do their first works , and call all the members of the long-parliament together to sit free , that they or a new parliament called by their advice may upon the secure terms offered at the isle of wight by the king , and such further reasonable additions as the times may require , restore us to our antient government , and put an end to our giddinesse and confusion , which destroys trade , encreaseth poor , and threatens ruine to our religion and laws . and let none be any longer deluded with the bastard good old cause now cryed up by some , which is but the setting a self-seeking generation of unstable bloody men in supreme authority ; who as zealous as some of them seemed lately in the new dissolved parliament for the liberties of the people , think , now that by their hypocrisie and falshood as well as force they have advanced themselves upon the ruine of their countrey , that the work is done : and though they have cryed down a single person , and another house , think you such fools or slaves that you will not take notice that an armed general is a worse single person , and such a coordinate senate as they intend by the proposals of the army ( which now are come to the house by way of petition as if they had not been agreed on before ) a worse other house than the last , which was the worst that england ever saw : and this rump of a cashiered house of commons , taken into service again at mercy , and new dressed by sir henry vane ( another single person amongst them ) worse than the late house of commons which was full and free ; or than the long parliament restored to its freedom , or than any other that may be chosen by the free votes of your selves and legally summoned to sit and decree our settlement . i shall say no more to you , but desire you to consider what i have said to the army , with hearts ready to forgive them and pay them their arrears with additional rewards , if now at length they repent and restore our violated government , and obediently submit to what they and the king shall ordain for the settlement of these distracted , and no otherways to be cured nations : for we see by experience than one faction devoures another , and will at length devoure the people and their liberties in the ways of sin and guilt that we are in . let all of you therefore insist on this , that the members of the long parliament who have been unjustly imprisoned and secluded , may be restored to discharge the trust you have put in them , and then we may hope for settlement , which we have tryed almost eleven yeares that we cannot have without them . and if the army shall again interpose and interrupt you in your sober and honest endeavours for settlement , let them find by your vigorous appearing against them , that you know them to be the meanest of the people ; and so few in number that they are not one in every parish in england , and many single parishes have ten times their number of people . . advice to the members sitting at westminster . first remember the volumes of remonstrances , declarations , votes , ordinances , protestations , oa hs and covenants wherein you as members of that house with others , have held forth to god and the world the good old cause you ingaged in to be for the defence of the king , parliament , protestant religion , priviledges and liberties of the people , and that you renounced all other causes wherewith you were aspersed and never owned any other till that in march . after you had injuriously joyned with the army in forcing away the majority of the house of commons and the whole house of lords , you perjuriously apostatized from the good old cause and set up another of a common wealth or free state opposite to it , and which you had ever formerly disowned as a scandal cast on you when you were charged but with an intention that way . . remember and be ashamed that you have stuck at no oaths but have taken the oaths of allegiance and supremacy , the protestation , the vow and covenant , the solemn league and covenant , the engagement , the recognition of protector oliver , the oath to be true and faithful to protector richard , and have kept these contrary oaths and engagements all alike , and now do set men of the same stamp in offices and places of trust instead of men of courage fearing god and hating covetousnesse . but do not think all is well when you have advanced your selves and friends , rather believe that though returning to what you have so often sworn to maintain , you cannot so many of you be councellers of state iudges and officers military or civil , yet you may become honest men and christians which will better become you , and bring you more comfort and peace at the last . . remember that though by lyes & subterfuges men may be deceived and abused for a while , god is not mocked , gal. , . but will though he bear long , at length wound the hairy scalp of such as go on still in their wickednesse , psal. . . and pierce you thorow with many forrows . . consider how god hath emptied us from vessel to vessel and led us through a wildernesse of changes these eleven yeares of apostacy , and gives no settlement , return therefore to december . where you forsook settlement when it was offered by the king and accepted by the parliament , and in doing your first works for king and parliament in a full and free house , god will blesse you and this kingdome as at the first , and the present protector cannot but rejoyce also to part with his power upon those termes which both he and his brother the lord lieutenant of ireland must needs grudge to have wrested from him by you and his treacherous relations . i intended a word also of justification of mr. prynne , but that his learned and seasonable writings praise him in the gates , and carry such evidence of undeniable truth with them , and so clear a testimony ( from a martyr for the people ) against the abominable iniquity and horrid impieties of this iron age , that the railing rabsh kahs of the time in what they belch out against him do but as dogs that bark against the moon , and therefore i shall leave him to the cure prescribed by god himself for such tongues in the psal. v. . . what shall be given unto thee ? or what shall be done unto thee thou false tongue ? sharp arrowes of the mighty with coals of juniper . and do depend as i believe mr. prynne do●h also upon that scripture word , that in due time the mouth of al● iniquity shall be stopt . finis . whereas it hath pleased the most wise god, in his providence, to take out of this world the most serene and renowned, oliver late lord protector of this commonwealth; ... england and wales. privy council. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) whereas it hath pleased the most wise god, in his providence, to take out of this world the most serene and renowned, oliver late lord protector of this commonwealth; ... england and wales. privy council. sheet ([ ] p.) printed by henry hills and iohn field, printers to his highness the lord protector, london : . title from first lines of text. a proclamation by the privy council, the lord mayor, aldermen, and citizens of london, declaring richard cromwell lord protector. annotation on thomason copy: " th ber [i.e. september] ". reproductions of the originals in the british library (thomason tracts) and the henry e. huntington library and art gallery (early english books). eng cromwell, richard, - -- early works to . england and wales. -- lord protector ( - : r. cromwell) -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no whereas it hath pleased the most wise god, in his providence, to take out of this world the most serene and renowned, oliver late lord prote england and wales. privy council. c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion whereas it hath pleased the most wise god , in his providence , to take out of this world the most serene and renowned , oliver late lord protector of this commonwealth ; and his said highness having in his life-time , according to the humble petition and advice , declared , and appointed the most noble , and illustrious , the lord richard , eldest son of his said late highness , to succeed him in the government of these nations ; we therefore of the privy council , together with the lord mayor , aldermen , and citizens of london , the officers of the army , and numbers of other principal gentlemen , do now hereby , with one full voice , and consent of tongue , and heart , publish , and declare the said noble , and illustrious lord richard to be rightfully protector of this commonwealth of england , scotland and ireland , and the dominions and territories thereto belonging ; to whom we do acknowledge all fidelity , and constant obedience , according to law , and the said humble petition and advice , with all hearty and humble affections ; beseeching the lord , by whom princes rule , to bless him with long life , and these nations with peace , and happiness , under his government . richard chiverton , mayor . he. lawrence , president . nathaniel fiennes , c. s. john lisle , c. s. c. fleetwood . p. lisle . jo. disbrowe . e. montagu . gil. pickering . cha. wolseley . philip skippon . wm. sydenham . wal. strickland . phi. jones . jo. thurloe . fauconberg . edw. whalley . w. goffe . tho. cooper . oliver flemming . john clerk . tho. pride . edm. prideaux . tobias bridge . ed. salmon . j. biscoe . waldin● lagoe . john mill . e. grosvenor , &c. god save his highness richard , lord protector . london printed by henry hills and iohn field , printers to his highness the lord protector , . an act for continuing the high court of justice. england and wales. parliament. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) an act for continuing the high court of justice. england and wales. parliament. sheet ([ ] p.) printed by john field, printer to the parliament of england, london : . order to print dated: thursday the five and twentieth of september, . signed: hen: scobell, cleric. parliamenti. with engraving of parliamentary seal at head of text. reproduction of the original in the british library. eng courts -- england -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no an act for continuing the high court of justice. england and wales. parliament. a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion blazon or coat of arms incorporating the commonwealth flag ( - ) an act for continuing the high court of justice . be it enacted by this present parliament , and the authority thereof , that all and every the respective commissioners of the high court of iustice , constituted and appointed by several acts of this present parliament , and now members of that court ; and all and every the powers and authorities of the said high court , with their several limitations and restrictions , shall continue in force until the last day of december next ensuing . thursday the five and twentieth of september , . ordered by the parliament , that this act be forthwith printed and published . hen : scobell , cleric . parliamenti . london , printed by john field , printer to the parliament of england . . the declaration of his excellencie the lord generall fairfax, and his generall councell of officers shewing the grounds of the armies advance towards the city of london. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing d ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing d estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : or reel : ) the declaration of his excellencie the lord generall fairfax, and his generall councell of officers shewing the grounds of the armies advance towards the city of london. fairfax, thomas fairfax, baron, - . england and wales. army. council. p. printed for john partridge, london : . "by the appointment of his excellency the lord fairfax lord generall, and his generall councell of officers held at windsor, november , , signed, john rushworth, secretary." this item is identified as wing d variant at reel : and as wing f a (number cancelled in wing cd-rom, ) at reel : as wing f a (number cancelled in wing (cd-rom, )). reproduction of original in huntington library. eng great britain -- history -- civil war, - . great britain -- politics and government -- - . a r (wing d ). civilwar no the declaration of his excellencie the lord generall fairfax, and his generall councell of officers: shewing the grounds of the armies advan england and wales. army. council c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion the declaration of his excellencie the lord generall fairfax , and his generall councell of officers : shewing the grounds of the armies advance towards the city of london . by the appointment of his excellency the lord fairfax lord generall , and his generall councell of officers held at windsor , november . . signed , john rushworth , secretary . london , printed for john partridge . . the declaration of his excellency the lord general fairfax , and his general councel of officers , shewing the grounds of the armies advance towards the city of london . being full of sad apprehensions concerning the danger and evil of the treaty with the king , and of any accommodation with him , or restitution of him thereupon , we did by our late remonstrance , upon the reasons and grounds therein expressed , make our application thereby , unto the present house of commons , that the dangerous evil of that way might be avoyded , and the peace of the kingdom setled upon more righteous , safe , and hopeful grounds , viz. a more equal dispensing of justice and mercy in relation to things done or suffered in the late wars , and the establishing of the future government of this kingdom upon a safe succession and equal constitution of parliaments , and that ( for the ending of present , and avoyding of future differences ) to be ratified by an agreement and subscription of the people thereunto . this course we took , out of our tender care and earnest desire , that all ways of extremity might be avoyded , and that those matters of highest concernment , to the publique interest of this nation , might be pursued , and provided for , ( if possible ) by those whose proper work and trust it was . and herein we were willing to hope that the persons so trusted , or the majority of them , might possibly have been either driven into that destructive way , by forcible impulsions , or lapsed thereinto through some inconsideration , or misapprehensions and conceived jealousies : and therefore we did carefully decline the insisting upon any thing that might continue or renew any former jealousies or animosities , and kept only to such things as were of necessity or advantage to the common cause , and of common and equal concernment to those that have engaged in it : which things we pressed in the way of reason and perswasion only , that they might be duly and timely considered . but to our grief we find , in stead of any satisfaction or a reasonable reasonable answer thereto , they are wholly rejected , without any consideration of what ever reason or justice might be in the things set forth or propounded therein ; for what less can be understood , when the things propounded were mainly for the avoydance of evils appearing in the treaty with the king : and yet they put off the consideration of them , till there should be no place left for any consideration at all : first , laying it aside till monday last , by which time the treaty ( as then supposed ) would have been concluded ; but that failing , and two days more being added to the treaty , the consideration of our remonstrance , on the day appointed , was waved and layd aside ; the treaty , the mean while , going on in the former way and terms , and like to be concluded the very next day . now , though we are far from that presumption , that the things should therefore be answered or considered , because propounded by us , save for the reason , justice , or publique concernment therein ; yet , having no answer , or any thing shewed us to the contrary , we cannot but upon the grounds remonstrated ( and many more which might be added ) remain confident in our former apprehensions concerning them . and seeing the prevailing part of those , to whom we did apply , to have , as it we , their eyes wilfully shut , and ears stopt , against any thing of light or reason offered to them , we find no place left for our former charitable or hopeful apprehensions , concerning their error in such evil ways ; but remainng fully assured of the danger and destructiveness thereof , as to all those publique ends for which they were intrusted , and also of the just advantage and necessity which lye in the things we have popounded and insist on , we now see nothing left , to which their engaging and persisting in such ways and rejection of these better things propounded , can rationally be attributed less then a treacherous or corrupt neglect of , and apostacy from the publique trust-reposed in them ; although we could wish from our sons , we might yet finde the contrary . nevertheless , we do not in these things assume a standing power of judgement ( as of right or trust ) to conclude others thereby , acknowledging that to lye most properly in those whom the people duly choose and trust to judge for them : but considering that such power , where it is , is committed but in trust , and that neither this , nor any other people , did ever give up their natural capacities of common sence or reason , as to the ends and fundamentals of that trust , and that as to the breach of such trust , there is no higher formal power of man in being to appeal unto for judgement , in such case ( as all others concerned in such breaches of trust will ) so as we cannot but exercise that common judgement which in our natural capacity is left to us : and though in smaller failers of such trust , which might be born , without hazard of destruction to that interest , and those people , for which especially the trust is , or where the trustees were of an indifferent equal constitution , in reference to the whole , or where we had an orderly and open way left for a just succession of another formall and proper judicature to be appealed unto in due time ; we should not oppose or hold forth our private judgments to the least disturbance of that orderly and peaceable course of judgment so establisht ; yet in our present case we are so fully convinced of the greatness and distructiveness of those evils we have declared against , and of the necesito and esentiallity of those better things we have desired and propounded , and how inconsistent it is with the publique trust , and fundamental ends of it , still to pursue the one , and reject the other , as that we dare with confidence appeal therein to the common judgments of indifferent and uncorrupted men , and to the more righteous judgment of god above all . and as the incompetency of this parliament , in its present constitution to give an absolute and conclusive judgment for the whole , ( especially to be the sole judges of their own performance , or breach of trust , ) doth make the juster way for such an appeal , so indeed we see no other way left for remedy , in regard the present unlimitted , continuance of this parliament doth exclude the orderly succession of any other more equal , formal judicature of men , to which we might hope in due time other ways to appeal . thus then we appreehend our selves in the present case , both necessitated to , and justified in an appeal in this parliament , in the present constitution as it stands , unto the extraordinary judgment of god , and good people ; and yet in the prosecution of this appeal , as we shall drive it on , but to the speedy obtaining of a more orderly and equal judicature of men , in a just representive , according to our remonstance , ( wherein to acquiesce , ) so in the present procuring of justice with the peoples ease and quiet , and in the settling of the kingdom upon a due , safe and hopeful succession of parliaments : it is our hearts desire , and shall be our indeavor , that so much , both of the matter and form of the present parliamentary authority may be preserved , as can be safe , or will be useful to these ends , until a just and full constitution thereof , both for matter and form ( suitable to the publique ends it serves for ) can be introduced . and therefore ▪ first , it should be our great rejoycing , ( if god saw it good , ) that the majority of the present house of commons were become sensible of the evil and destructiveness of their late way , and would resolvedly and vigorously apply themselves to the speedy execution of justice , with the righting and easing of the oppressed people , and to a just and safe settlement of the kingdom upon such foundations as have been propounded by us , and others , for that purpose , and would for the speedier and surer prosecution of these things exclude from communication in their councels all such corrupt and apostatized members as have appeared hitherto , but to obstruct and hinder such matter of justice , safety , and publique interest , and to pervert their conncels a contrary way , and have therein so shamefully both falsified and forfeited their trust . but how ever ( if god shall not see it good to vouchsafe that mercy to them and the kingdom , ) we shall , secondly , desire , that so many of them as god hath kept upright , and shall touch with a just sence of those things , would by protestation , or otherwise , acquit themselves from such breach of trust , and approve their faithfulness by withdrawing from those that persist in the guilt thereof , and would apply themselves to such a posture , whereby they may speedily and effectually ▪ prosecute those necessary and publique ends , without such interruptions , diversions , or depravations of their councels from the rest , to their endless trouble , oppression and hazard of the kingdom as formerly , and for so many of them , whose hearts god shall stir up thus to do ; we shall therein , in this case of extremity , look upon them as persons having materially the chief trust of the kingdom remaining in them , and though not a formal standing power to be continued in them , or drawn into ordinary presidents ; yet the best and most rightful that can be had , as the present state and exigence of affairs now stand ; and we shall accordingly own them , adhere to them , and be guided by them in their faithful prosecution of that trust , in order unto , and until the introducing of a more full and formal power in a just repressntative to be speedily endeavored . now yet farther to take away all jealousies in relation to our selves , which might withhold or discourage any honest members from this course , as we have the witness of god in our hearts , that in these proceedings we do not seek , but even resolve we will nor take advantages to our selves , either in point of profit or power ; and that if god did open to us a way , wherein with honesty and faithfulness to the publique interest , and good people engaged for us , we might presently be discharged , so as we might not in our present employments look on , and be accessory to , yea supporters of the parliament , in the present corrupt , oppressive and destructive proceedings , we should with rejoycing , and without more ado , embrace such a discharge , rather then interpose in these things to our own vast trouble and hazard ; so if we could but obtain a rational assurance for the effectual prosecution of these things , we shall give any proportionable assurance on our parts , concerning , our laying down of arms , when , and as we should be required : but for the present , as the case stands , we apprehend our selves obliged in duty to god , this kingdom , and good men therein , to improve our utmost abilities in all honest ways , for the avoiding of these great evils we have remonstrated , and for prosecution of the good things we have propounded , and also that such persons who were the inviters of the late invasion from scotland , the instigaters and incouragers of the late insurrections within this kingdom , and ( those forcible ways failing ) have still pursued the same wicked designs by treacherous and corrupt councels , may be brought to publique justice , according to their several demerits . for all these ends we are now drawing up with the army to london , there to follow providence as god shall clear our way . by the appointment of his excellency , the lord fairfax , lord general , and his general councel of officers held at windsor , nov. . . signed , john rushvvorth secr ' . for the right honorable ▪ the lord major , aldermen , and common-councel of the city of london . my lord and gentlemen , being upon an immediate advance with the army towards london , we thought good hereby to give you notice thereof . for the ground , and necessitie leading us hereunto we refer you to our late remonstrance , and to our later declaration concerning the same . we have only this further to adde , that as we are far from the least thought of plunder or other wrong to your city , or any the places adjoyning ( which we hope your former experiences of us will give you cause enough to credit us in ) so for the better prevention of any disorder in the souldiery , or of any abuse or inconvenience to the inhabitants in the quartering of the souldiery at private houses : we earnestly desire , that you would take a present course for the supply of money to pay these forces while we shall be necessitated to stay there : upon which we assure you we shall so dispose of them into great and voide houses about the city as much as may be possible as that few or none of th' inhabitants shall be troubled with quartering of any souldiers at all . and for this purpose , we desire that forty thousand pound may be forthwith provided upon the security of your arrears to be ready to be paid out to the forces to morrow night if possible . and we shall be ready to receive from you any intimations for the further prevention of hurt or inconvenience to the city in this insinesse , i remain , your most assured friend and servant , t. fairfax . windsor , nov. . finis . vindiciæ juris regii, or remarques upon a paper, entitled, an enquiry into the measures of submission to the supream authority collier, jeremy, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing c estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) vindiciæ juris regii, or remarques upon a paper, entitled, an enquiry into the measures of submission to the supream authority collier, jeremy, - . [ ], p. [s.n.], london : . reproduction of original in huntington library. attributed to jeremy collier. cf. bm. errata: p. [ ]. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng burnet, gilbert, - . -- enquiry into the measures of submission. government, resistance to. church and state -- church of england. great britain -- politics and government -- - - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - jonathan blaney sampled and proofread - jonathan blaney text and markup reviewed and edited - pfs batch review (qc) and xml conversion vindiciae iuris regii : or , remarques upon a paper , entituled , an enquiry into the measures of submission to the supream authority . london , printed in the year mdclxxxix . errata . page . line . after ingulphus , add hist. croyl . p. . l. . for liberty read liberties . p. . l. . for liberties r. liberty . ibid. l. . for canquered r. conquered . p. . l. . f. felo r. felo's . p. . l. . f. distracted r. disgusted . p. . l. . f. parts r. starts . p. . l. . f. salves r. salvo's . ibid. l. ult . f. into experience r. in experience . p. . l. f. those r. these . p. . l. . after of , add that . pag. . l. . for unjustifybale r. unjustifyable . p. . l. . f. strow'd r. allow'd . p. . l. . f. as in r. is in . p. . l. . after from , add the. ibid. l. . f. ahainst r. against . p. . l. . f. purose r. purpose . ibid. l. . f. character r. charter . p. . l. . f. as its r. it s as . p. . l. ult . f. penalty r. penaltys . p. . l. . after more add of . ibid. l. . f. th● charge r. their charge . vindiciae iuris regii : or remarques upon a paper , entituled , an enquiry into the measures of submission to the supream authority . one reason why i did not answer this extraordinary enquiry any sooner , was because the generality of the nation , at the first publishing it , had their imaginations so much disturbed with lies and imposture ; that till the strength of the charm was a little spent , there was no dealing with them : but now since they are come to themselves , and the eclipse of their understandings is pretty well over ; i will venture to shew them the false and dangerous reasonings of this paper if i can . our author laies it down for certain , that the law of nature has put no difference , or subordination among men , except it be that of children to parents , or of wives to their husbands ; so that with relation to the law of nature , all men are born free. what ? born free , and in subordination to their parents too ! that is somewhat hard : this priviledge , according to his own reasoning , has been out of doors long since , and could never be claimed by any but those who immediately descended from lucratius's bladders . if he means , that we are naturally subject to none but our parents and husbands ; this , i believe , will not hold neither . for it seems pretty plain from scripture , that the younger children are all born under the jurisdiction of their elder brother . i shall only mention two texts in proof of this proposition : the first is , gen. . . where god gives cain a superiority over his younger brother abel , in the same words in which he had before granted it to adam over eve. now it is generally acknowledged , that adam was her king , as well as her husband . the enquirer himself owns thus much , by saying , that matrimony naturally puts a woman into a state of subjection . now this authority which was given to cain , seems to be a standing priviledge of primogeniture , for the better government of families : for cain's behaviour was not so meritorious as to deserve an extraordinary favour ; neither had abel done any thing to forfeit his natural liberty . if it is objected , that this priviledge of cain , thus interpreted , destroys adam's patriarchal authority , sets up two concurrent jurisdictions , and makes the younger children subject to two independent princes , their father and elder brother . to this i answer , that this inconvenience will not follow , provided this reasonable supposition be but allowed , viz. that the exercise of this prerogative of birth-right , was not to commence immediately upon the grant , but to lie dormant till adam's decease , as being no more than a reversion of power . the other text is , gen. . . where reuben , according to the hebrew way of speaking , is called the excellency of dignity , and the excellency of power : that is , he was to have been by virtue of his primogeniture , a person of the greatest quality and authority in the family . for though god deprived him of this honor upon the account of his incest ; yet the manner of his father's reproof does sufficiently discover his natural right . and therefore the learned grotius observes upon this place , and upon deut. . . that elder brothers , as such , had not only the advantage of a double portion of inheritance , but were likewise priests and princes in their families . now if the younger children ought always to be governed either by their father , their elder brother , or those who claim under him ; then certainly the state of nature is not such a state of liberty , as the enquirer supposes . but this patriarchal nation , being not much material to the present dispute , i shall insist no farther upon it . his second section continues us in our original liberty , and therefore , i suppose , it 's design'd to inform independent governors , of the right the law of nature allows them to defend themselves , and how far they may proceed for reparation of injuries . his assertion is , that the duty of self-preservation exerts it self in instances of two sorts ; either in resisting violent aggressors , or in taking iust revenges of those who have invaded us so secretly , that we could not prevent them ; and so violently , that we could not resist them : in which cases , self-preservation warrants us , both to recover what is our own , with iust damages , and also to put such unjust persons out of a capacity of doing the like injuries any more , either to our selves or others . but here we may observe , first , that the case is very generally , and consequently obsourely stated : for we are not at all enlightned about the measures of those iust revenges and damages : but this point is prudently left to the ignorance , ambition , and ill-nature of every man , to interpret as he pleases . and least we should not revenge our selves deep enough , the enquirer gives us this encouragement , that self-preservation warrants us to put such unjust persons out of a capacity , &c. that is , if we were in the state of nature , we ought to kill , dismember , or lay every man in chains , who has done us any injury , great or small , ( for our author makes no exceptions for mercy ) it being impossible to disable him without proceeding to this rigour ; for as long as he has life , limbs , or liberty , he may do the world a mischief with them , if he has a mind to it . but , secondly , i do not understand what advantage the enquirer can make of this terrible denuntiation against aggressors and invaders ; i much question whether he has fortified his own security by this way of reasoning . but possibly this battery is raised against the french king , for the service of the empire : for he has seemed to wish , some years since , that the grand louis might be reduced to an humbler figure . indeed that monarch ( if he be not misrepresented ) is considerably to blame for sending an army against the empire , without giving notice of it first , or demanding satisfaction in a publick and peaceable way . these unproclaimed expeditions have been always thought unjustifiable , and contrary to the law of nature and nations . for those who have a just tenderness for the lives of men ; who have any regard to justice , or the repose of christendom , will try all other arguments before they dispute the cause at the swords point . for , besides the roughness of such a method , if princes should make a practise of invading each other without warning , men would be almost obliged to sleep in armour , and the world must be always kept up in a posture of defence , for fear of being surprized : now this would be a very troublesome and expensive way of living ; and make all neighbouring kingdoms especially , very distrustful of , and disaffected towards each other . i know his most christian majesty complains in his memorial , that he has been ill used by the court of vienna ; but then he might have pleased to have told the emperor so , before the siege of philipsburgh . and the action was still more unaccountable , if he went ( as who knows but he might ) upon the bare presumption of an injury , and relyed upon the intelligence of a few sceptical , obnoxious , and discontented germans , who lay under the imperial bann . and to mention nothing further , if this very disputable right was only an expectancy which would have admitted of slow forms , and kept cold well enough till had fallen ; as any one might fairly conclude from the numbers , and inclinations of his friends in the empire ; this was a further aggravation of the unreasonableness of his war. i confess , if all these hard things are true of the french king , i don't wonder if the enquirer has levelled a whole paragraph against him ; and i wish the emperor may recover just damages for so secret and violent an invasion . all this while we have been kings and emperors , but now we must reign over our selves no longer , but descend into the melancholy state of subjection . however , to do the author right , he has put the yoak on so favourably , that whenever we find it galls us we may throw it off again , and return to our former independency . for he gives us to to understand , sect. . that the true and original notion of civil society and government , is , that is a com-promise made by such a body of men , by which they resign up the right of demanding reparations either in the way of iustice against one another ; or in the way of war against their neighbours ; to such a single person ; or to such a body of men as they think fit to trust with this . now not to examine how our author comes to know that the original notion of society was the true one . it 's pretty apparent his notion of it is neither original , nor true ; not original , because it does not comprehend the most antient beginning of government , viz. paternal authority and conquest ; in which cases men have not the liberty of articling for priviledges , but must submit to their parents , and conquerors , whether they think fit to trust them or not . secondly , his notion is defective in point of truth ; for he has only restrained his men from acting arbitrarily upon one another , or from fighting a foreign state without commission ; but as for their governours , they may resist them , for all his diffinition , when they please ; for having resigned nothing but their right of demanding reparations , either in the way of justice or war , against their fellow subjects , or neighbouring states ; it follows that one branch of their natural liberty is reserved to them , to fight their prince with upon occasion . this conclusion , if we had nothing else to infer it , follows evidently from his own principle ; for since government is only a trust committed by the people to a single person , &c. and all trusts , as he affirms in this section , by their nature import , that those to whom they are given , are accountable . nothing is more plain , then that they may discharge themselves from subjection whenever they shall think fit to say , their governours have not kept touch with them . he proceeds to tell us , that the executive power , when separated from the legislative , is a plain trust , and no more than a subordinate authority . from hence we may observe , first , that by this authors concessions , the people have not the legislative authority , for he owns part of it is in the king ; from whence it follows , that the whole body of the people is not the supream authority , nor consequently can call their prince to account , without his own consent . secondly , that part of the legislative authority , which is lodged in the people , is not given them at large , to be exerted at their pleasure , but depends upon stated rules and limitations , and can only be exercised by their representatives in parliament . nay , it 's so precarious a privilege , that without the king's leave , they can never make use of it ; for it 's neither lawful for them to convene themselves , nor yet to sit any longer than the king pleases : for though there is an act for a triennial parliament , yet if the king omits the calling of them within that time , there is no provision made to assemble themselves ; which is an evidence this power was never conveyed to them by this act : for if it had , the methods of putting it in execution would have been adjusted ; and if the king should refuse to issue out writs , the chancellor would have been authorized to do it : which power upon the suppositition of intermediate failures , would have been handed down as low as the petty constables , as it was proposed by the parliament assembled in to charles the first . now if the people have no share in making of laws , but by representation in parliament , and the being of this assembly depends upon the prince's pleasure , then either the king is the supream authority in the intervals of parliament ( which may be as long as the crown thinks fit ) or else there is no such thing as a supream authority in the nation , and consequently no government . further , when the two houses are actually convened , when they are dictating law and justice to the nation , and cloathed with all the advantages of solemnity and power , they are then no more than subjects , they are lyable to the highest penalties , if they are proved guilty of those crimes which deserve them , for felony and treason are expresly excepted out of their privileges . but to consute the author's notion of government more fully , and especially to make his application of it unserviceable , i shall endeavour to prove two things against him . first , that a trust does not always imply the person accountable to whom it 's made . secondly , that the kings of england hold their crown by right of conquest and succession ; and consequently are no trustees of the people . . a trust does not always imply the person accountable to whom it 's made , which i shall briefly make good these three ways . first , from the common notion of a trust. secondly , from the enquirers concessions . thirdly , from a considerable instance in our own government . first , from the common notion of a trust : for what is more generally understood by trusting another , than that we lodge our concerns with him , and put them out of our own disposal ? when i trust a man with my life or fortune , all people agree , that i put it in his power to deprive me of both . for to deliver any property to another with a power of revocation , is to trust him , as we say , no farther than we can throw him . he that can recover a sum of money he has deposited when he pleases , to speak properly , has it still in his custody , and trusts his friend no more than he does his own coffers . and therefore if we consult our thoughts , we shall find , that a trust naturally implies an entire reliance upon the conduct and integrity of another , which makes us resign up our liberty or estate to his management , imagining them safer in his hands than in our own . in short , a trust where there is no third person to judg of the performance , as in these pacts between subjects and soveraign there is not . in this case a trust includes a translation of right , and in respect of the irrevocableness of it , is of the nature of a gift ; so that there seems to be only this difference between them , that a gift ought to respect the benefit of the receiver , whereas a trust is generally made for the advantage of him who conveys it . secondly , by our author 's own concessions a trustee is sometimes unaccountable , for he grants a man may sell himself to be a slave . ( p. . ) and when he has once put himself into this condition , his master has an absolute soveraignty over him , and an indefeasable right to his service ; so that notwithstanding all the unreasonable usage he may meet with , he can never come into his freedom again without the consent of his lord. this i take to be an uncontested truth , and if it was not , st. peter's authority ought to over-rule the dispute ; who charges those who were in this state of servitude , to be subject to their masters with all fear , not only to the good and gentle , but also to the froward , ep. . . thirdly , i shall prove the unaccountableness of a trust from a considerable instance in our own government . the house of commons v. g. are certainly trustees for the towns and counties who choose them ; the people resign up the disposal of their rights and properties into their hands , in hopes of a good management . but suppose they prevaricate in their employment , and betray their electors , does this impower the people to lay their representatives by the heels when they come into the country , or to punish them farther as their wisdoms shall think convenient ? if so , then the last resort of justice must lie in the sovereign multitude , who have neither capacity to understand the reasons of government , nor temper and tenderness to manage it . 't is pitty the mobile in henry the th . his reign had not this discovery , when the right of choosing members was limitted to forty shillings per annum free-hold ; whereas before all tenures , if not all persons , had the liberty to elect , without exception ; but this act in all likelihood barr'd no less then a fifth of the nation from this principal post in the government . and if columbus had not given them a lift by finding out the west-indies , and abating the value of money , their grievance had continued to this day as heavy as ever . we see therefore that the author's notion of a trust will not hold water , and if it would , it can do him no service , for i shall prove in the second place , that the kings of england hold their crown by right of conquest and succession , and consequently are no trustees of the people . i shall begin with the point of succession , which because it's generally received , i shall only mention an act of parliament or two for the proof of it . in the first of edward the fourth , ( rot. parl. ) where the proceedings against richard the second are repealed ; it 's said , that henry earl of derby , afterwards henry the fourth ; temerously against rightwiseness and iustice , by force and arms , against his faith and ligeance , rered werre at flint in wales , against king richard the second , him took and imprisoned in the tower of london , in great violence ; and usurped and intruded upon the royal power , estate , and dignity . and a little after they add , that the commons being of this present parliament , having sufficient and evident knowledge of the said unright-wise usurpation and intrusion , by the said henry late earl of derby , upon the said crown of england ; knowing also certainly without doubt and ambiguity , the right and title of our said soveraign lord thereunto true ; and that by god's law , man's law , and the law of nature , he and none other , is and ought to be their true , right-wise , and natural leige and soveraign lord ; and that he was in right from the death of the said noble and famous prince his father , ( richard duke of york ) very just king of the said realms of england , do take and repute , and will for ever take and repute the said edward the fourth , their soveraign and leige lord , and him and his heirs to be kings of england , and none other , according to his said right and title . in the first of richard the third , there is another statute very full to this purpose , which begins , the three estates , &c. but i shall pass over this , and proceed to the act of recognition , made upon king iames the first , his coming to the crown : wherein it 's declared , that he was lineally , rightfully and lawfully , descended of the body of the most excellent lady margaret , eldest daughter of the most renowned king henry the seventh , and the high and noble princess , queen elizabeth his wife , eldest daughter of king edward the fourth . the said lady margaret being eldest sister of king henry the eighth , father of the high and mighty princess of famous memory , elizabeth , late queen of england . in consideration whereof , the parliament doth acknowledge king iames their only lawful and rightful leige lord and soveraign . and as being bound thereunto , both by the laws of god and man , they do recognize and acknowledge , that immediately upon the dissolution and decease of elizabeth , late queen of england , the imperial crown of the realm of england , and all the kingdoms , dominions , and rights belonging to the same ; did by inherent birth-right , and lawful and undoubted succession , descend and come to his most excellent majesty , as being lineally , iustly and lawfully , next and sole heir of the blood royal of this realm , as it is aforesaid . and thereunto they do most humbly and faithfully submit and oblige themselves , they heirs and posterities for ever , until the last drop of their bloods be spent . so much concerning the succession , where by the way , we may observe the deposing doctrine is directly pronounced unlawful , as appears from the first of edward the fou●h , which act continues still unrepealed . i shall proceed to prove the norman conquest , ( for i need go no higher ) which i shall make good from the best historians , who lived either in , or near that time ; from doomeseday book , and acts of parliament . . from historians , &c. eadmer ( hist. nov. fol. . ) a monk of canterbury at the time of the conquest , and very intimate with arch-bishop lanfrank , and with him when news came of the conqueror's death ; writes , that william designing to establish those laws and usages in england , which his ancestors and himself observed in normandy ; made such persons bishops , abbots , and other principal men , who could not be thought so unworthy , as to be guilty of any incompliance with his new model , knowing by whom , and to what station they were raised . all religious and secular affairs he managed at his pleasure . and after the historian had related in what points he disallowed the authority of the pope , and archbishop , he concludes thus . but what he did in secular matters i forbear to write , because it 's not to my purpose , and likewise because any one may guess by what has been delivered already , at what rate he ordered the state. the next testimony shall be fetched out of ingulph abbot of croyland , an english man born , secretary to william when duke of normandy , and made abbot by him . this author informs us , that by hard usage he made the english submit , that he gave the earldems , baronies , bishopricks , and prelacies of the whole nation to his normans ; and scarce permitted any english man to enjoy any place of honour , dominion , or power hist. croyl . f. . but gervace of tilbury ( a considerable officer in the exchequer in the time of henry the second , and who received his information from henry of blois , bishop of winchester , and grand-child to the conquerour ) is more full to this purpose ; which he thus delivers . after the conquest of the kingdom , and the just subversion of rebels , when the king himself , and his great men , had viewed and surveyed their new acquests , there was a strict enquiry made who there were which had fought against the king , and secured themselves by flight . from these , and the heirs of such as were slain in the field , all hopes of possessing ei●er lands or rents were cut off ; for they counted it a great favour to have their lives given them . but such as were called and solicited to fight against king william , and did not , if by an humble submission they could gain the favour of their lords and masters , they then had the liberty of possessing somewhat in their own persons , but without any right of leaving it to their posterity . their children enjoying it only at the will of their lords : to whom , when they became unacceptable , they were every where outed of their estates ; neither would any restore what they had taken away . and when the miserable natives represented their grievances publickly to the king , informing him how they were spoiled of their fortunes , and that without redress , they must be forced to pass into other countries . at length upon consultation it was ordered , that what they could obtain of their lords by way of desert , or lawful bargain , they should hold by unquestionable right ; but should not claim any thing from the time the nation was conquered , under the title of succession , or descent . upon what great consideration this was done is manifest , says gervace : for they being obliged to compliance and obedience , to purchase their lords favour ; therefore , whoever of the conquered nation possessed lands , &c. obtained them not as if they were their right by succession , or inheritance ; but as a reward of their service , or by some intervening agreement . gervase of tilbury , or the black book in the exchequer , lib. . cap. de murdro . de necessar . observ . the next testimony i shall produce , is out of gulielmus pictaviensis ( who lived about the time of ingulph , ) this writer speaking of king william's coronation , adds ; cujus liberi atque nepotes , &c. i. e. whose children and posterity shall govern england by a just succession , which he possessed by an hereditary bequest ; confirmed by the oaths of the english , and by the right of his sword , gul. pict . fol. . farther , ordericus vitalis , who lived in the reign of william the second , tells us , how william the first circumvented the two great earls of mercia , and that after edwin was slain , and morcar imprisoned , then king william began to show himself , and gave his assistants the best , and most considerable counties in england , and made rich colonels , and captains of very mean normans , oder . vital . fol. . the same author relates , that after the norman arms overcame england , and king william had reduced it under the government of his own laws ; he made fulcard , a monk of st. omers , abbot of thorney , ibid. fol. . henry arch-deacon of huntington , who lived in the reign of king stephen , is full to the same purpose . anno gratiae . perfecit dominus dominator , &c. i. e. in the year , &c. the great ruler of kingdoms brought that to pass , which he had long intended against the english ; for he delivered them over to be destroyed by the rough , and politick nation of the normans , fol. . and in another place more particularly . when the normans had executed the just decree of god upon the english , and there was not any person of quality of english extraction remaining , but all were reduced to servitude and distress , insomuch that it was scandalous to be called an english man , william the author of this iudgment dyed in the twenty first year of his reign , ibid. fol. . matthew paris , who wrote towards the end of the reign of henry the third , agrees with the forementioned testimonies , his words are these , fol. . dux normannorum willielmus , &c. i. e. duke william having fortified the cities and castles , and garrisoned them with his own men ; sailed into normandy with english hostages , and abundance of treasure , whom , when he had imprisoned and secured , he hastened back into england , that he might liberally distribute the lands of the english ( who were forcibly disseized of their estates ) amongst his norman soldiers , who had helped him at the battle of hastings to subdue the country ; and that little that was left , he put under the yoak of perpetual servitude . and in another place he tells us , that king william brought bishopricks and abbys under military service , which before that time had been free from all secular servitude ; but then every bishoprick and abby was enrolled according to his pleasure ; and charged how many knights or horse-men , they should find for him and his successors , in times of war , fol. . i might add many more authorities of antient historians , but these i suppose are sufficient . as for modern writers , i shall only cite mr. cambden , who thus delivers his sence of this matter , britan. p. . victor gulielmus , &c. i. e. william the conqueror , as it were to make his victory the more remarkable , abrogated the greatest part of the english laws , brought in the customs of normandy , and ordered the pleadings to be in french : and outing the english of their antient inheritances , assigned their lands and mannors to his soldiers ; yet so as he reserved the paramount lordship to himself , and his successors by homage ; that is , that they all should hold their estates by the feudal laws ; and that none but the king should be independent proprietors , but rather a sort of limited trustees , and occupants in tenancy . from these citations we have all imaginable marks of an entire conquest . the laws , and tenures , and in some measure the language of the country , were changed : the saxons were transplanted into normandy and dispossed of their estates , as appears not only from the forementioned historians , but from doomse-day book , where we find , that almost all the great proprietors were normans . now this survey was made at the latter end of the conqueror's reign , many years after his taking the oath , which is by some so much insisted upon , as appears from ingulphus . if it 's objected that william the first granted king edward's laws . to this i answer . . that most of king edward's laws were only penal , and respected criminals , as we may learn from ingulph , hist. croyland in fine . secondly , these laws of king edward were not granted by the conqueror without his own amendments , and refinings upon them , as is evident from the charter of henry the first , as it stands in matthew paris , fol. . lagam regis edvardi , vobis reddo cum eis emendationibus quibus pater eam emendavit consilio baronum suorum , i. e. i grant you king edward ' s laws with those amendments which my father made in them , by the advice of his barons . and that these last words may not be thought to weaken the testimony , it 's not improper to observe , that these alterations are said to be made only by the advise , not by the authority of the barons ; and yet these barons were normans too , as is sufficiently plain from what has been discoursed already . but , to conclude , the proofs of this argument , several of our parliaments acknowledge william the first a conqueror . the acts ( all of which it would be very tedious to name ) run thus in the preamble , edward v. g. by the grace of god , the fourth after the conquest , &c. now this is a plain concession , that the rights of the subjects were derived from the crown ; and in all likelihood was intended to hint as much . and therefore , unless the norman conquest had been evident and unquestionable , the lords and commons , who were always very tender of their liberties , would never have consented , that the statutes should have been penned in such a submissive style . if it be objected , that the conqueror took an oath to observe the laws of the realm . in answer to this i observe . . that we have seen already in some measure what sort of laws these were , and how they were managed by him secondly , neither pictaviensis , eadmerus , ordericus , vitalis , henry of huntington , or matth. paris , write of any oath taken by the conqueror . florence of worcester , is the first that mentions it . flor. wigorn. fol. . the words of the oath are these , se velle sanctas dei ecclesias , ac rectores earum defendere , nec non & cunctum populum sibi subjectum justa & regali providentia regere , rectam legem statuere & tenere rapinas injustaque iudicia penitus interdicere , i. e. that he would protect holy church , and the hierarchy ; that he would govern all his subjects fairly , and take a royal care of their welfare . that he would make equitable laws , and observe them , and wholy prohibit rapine , and perverting of iustice. from this i observe two things . first , that the legislative power was all of it lodged in the conqueror ; why else did he swear to make equitable laws ? for if the constitution had been settled as it is at present , the parliament could have hindred him from making any other . secondly , the oath is couched in very general terms , and admits of a great latitude of exposition , so that the conqueror was in a manner left at his liberty , to interpret the obligation , as he thought fit . thirdly , this oath was voluntarily taken by the king some years after he had forced the whole nation to swear allegiance to him . we are therefore , if it were only for this reason , to interpret the oath to his advantage : and to suppose , that he would not swear himself out of his conquest , and reign at the discretion of those he had so entirely subdued ; so that it should be in their power to unking him , either upon a real or pretended breach of his oath . fourthly , we may observe , that the kings of england are in full possession of the crown , immediately upon the death of their predecessors , and therefore king iohn , edward the first , and henry the fifth , had allegiance sworn to them before their coronation . from whence it follows , that as swearing does not make them kings ; so neither can perjury , though truly objected un-make them again , which will appear more evidently if we consider , fifthly , that perjury in it self , does not imply a forfeiture of any natural or civil right ; indeed , the dread of it ties up a man's conscience faster , and if he proves guilty , makes him lyable to a severer vengance from god almighty than simple unfaithfulness ; upon which account an oath is counted a considerable security for the performance of a promise . and therefore , for the greater satisfaction of their subjects , princes usually swear to observe those stated measures of justice , which were either fixed by themselves , or their predecessors . and if they happen to fail in the performance ; though they forfeit their honor , and the divine protection ; yet there accrues no right from thence to the people , to re-enter upon their fancied original liberty . for the duty of those under authority , ( except where it 's expresly conditional ) is not cancelled and discharged , by the mis-behaviour of their superiors . for example ; supposing a father swears to remit some part of his authority in the family , and that he will govern only by such a prescribed rule ; his forgeting his oath afterwards , does not void or lessen his power , nor excuse the children in their disobedience . and to make the instance more direct , if possible . the kings of persia were soveraign monarchs , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , as plutarch calls them , and were worshiped as the images of god , and could never be set aside , but by death . yet , these princes took an oath at their inauguration ; as grotius observes from xenophon , and diodorus siculus . neither was it lawful for them to alter certain laws , as appears from daniel and iosephus . the kings of aegypt likewise , as grotius relates from diodorus sic. had a full , and unaccountable authority , they did as he speaks summo imperio uti ; yet they were bound to the observance of a great many things , which if they neglected to perform , they could not be charged with these failures while they were living ; but after they were dead the custom was to arraign their memories , and deny them the honor of a funeral solemnity : which punishment was likewise inflicted upon the iewish kings , who had been very irregular , and oppressive in their government , chron. , , and . . from all which it appears , that a king 's swearing at his coronation does not make his crown forfeitable , or subject him to the censure of the people . and since the breach of an oath does not imply a forfeiture of right ; since the kings of england claim their authority by conquest and succession , from hence these two corollaries naturally follow . first , that with us power always proves it self , unless it appears that it 's given up or limited , by any special agreement . secondly , that the liberties of the subjects are not founded upon the reservations of an original contract . for a conquered people must not pretend to make their own terms . and therefore , their priviledges are not of their own creating , but acts of royal favour , and condescentions of soveraignty . indeed , when the people are not forced into submission , but freely elect their monarch ; there all remote inferences , and doubtful cases , ought to be interpreted in favour of the subject ; because the form of the government had its beginning from them ; and in this case only it is , that liberty proves it self . but where the limitations of a monarchy , are the condescentions of a conqueror , or his successors , there we are not to stretch the priviledge of the subject , beyond express grant. so that whatever rights , or branches of government , are not plainly conveyed away , must be supposed to be still lodged in the crown . for since the prince was once vested with absolute power , and has afterwards bounded himself by his own voluntary act , the abatements of his authority are to be measured by his own evident declarations , and not by any conjectural and consequential arguings . and here that celebrated maxim takes undoubted place , that all acts which are made in destruction of common law , or antecedent right , are to be construed strictly , and not drawn out into corollaries , and parallel cases . from whence it follows , that if it was unlawful at first for the subjects to resist their soveraign , it must still continue so , unless they can prove he has relinquished this part of his prerogative , and given them an express liberty to take up arms when they think it convenient ; which , i believe , will be hard to find in our constitution . i confess , there is a resistance charter granted by king iohn , but such a one as is no ways serviceable to our author : for , first , it 's a plain concession from the crown , and consequently far from the nature of a mutual and original contract . secondly , here is no deposing power given in case the articles were broken : but on the contrary , upon the supposition of a rupture there is an express proviso for the security of the king's person and royalty ; for a little after the clause of salva persona nostra , we have these remarkable words ; et cum fuerit emendatum intendent nobis sicut prius fecerunt ; that is , if the king should fail in his promise , and constrain them to make use of force , when their grievances were redressed , and they had put themselves in possession of their rights ; they should then be obliged to obey him as formerly , matth. par. p. . thirdly , this charter was extorted from the king in a menacing and military manner . the barons were up in arms , the city of london declared for them , and received them , and the king was deserted by his own army ; whereas before this grant , the subjects had no colour of authority to levy arms against the king. now rebellion is a very ill bottom to found our liberties upon : the advantages which are gained by such monstrous violences as these , are no more to be insisted on than the acquisitions of piracy ; and therefore , fourthly , this charter being obtain'd in such an undutiful and illegal way , is without doubt one great reason among others , why it has been always counted a nullity ; for that it 's no part of our law , i shall fully evince . first , from the transactions in the reign of henry the third , for first in this king's charter there is no notice taken of any grant made by king iohn ; whereas in the confirmation of magna charta by edward the first , the granting it by henry the third is expresly mentioned , and the liberty recited at large : which is a plain evidence , that the one was not looked upon to have the same authority with the other . secondly , that the magna charta of henry the third was a pure act of grace to the subject , and no confirmation of an antecedent right , appears from the instrument it self , where in the preamble the king declares , that out of our meer and free will we have given , &c. and towards the end , that for this our gift and grant of these liberties , our arch-bishops , earls , &c. have given us the fifteenth part of their moveables . now besides the wording of the act , which runs as clear for a voluntary concession as is possible ; the very consideration which was given the crown , is a sufficient argument , that the subjects had no title to these liberties before : for who can imagine they would have purchased that which was their own already , at so dear a rate . thirdly , this charter of henry the third , though it contains much the same liberties with the former , yet it has none of the same ratification , there are no proviso's for resistance in it ; but instead of distraining and taking of castles , &c. there was a solemn excommunication denounced by the bishops against all violators of this law. so that now the subjects were evidently returned to their former state of passive obedience . and therefore those barons , who , towards the latter end of this king's reign , took up arms in defence of their privileges , as matth. paris relates , were disinherited by a parliament at winchester ; which was soon after confirmed in another parliament at westminster . ( sir w. raleigh priv. of parl. ap. . ) more to the same purpose may be seen in the law called , dictum de kenilworth : for though this order was made by no more than a committee of twelve peers ; yet they having an absolute delegation as to this point from the king and the members of parliament , what they agreed upon has the full validity of a law. fourthly , that king iohn's charter , which warrants resistance ( though within a rule ) had never any legal authority , is evident from the militia act ( car. . ) where the parliament declares , that the militia was ever the undoubted right of his majesty , and his predecessors but this was a great mistake , if king iohn's grant had been law : for by vertue of that charter , provided the king receded from his articles , the militia was lodged in the barons , and the people were obliged by oath to assist them against the crown . now , if the case had been doubtful , the judgment of a parliament ought to have put an end to the controversie . this legislative council has a power to interpret , as well as to alter , or enlarge the constitution ; an authority to tell us what has been , as well as what shall be law. such publick determinations are as it were first and self-evident principles in our government ; they have a kind of practical infallibility in them , and ought not to be disputed , except where they plainly contradict the laws of god. fifthly , and lastly , if this singular charter had ever been part of our constitution , as it 's plain it never was , yet now it can have no manner of force , because the forementioned statute concerning the militia , not only declares it to have been , but likewise to make the case more incontestable , enacts it unlawful , to levy war , offensive or defensive , against the king. but of this more hereafter . if it 's objected , that unless we are allowed to assert our rights by force when they are invaded , the laws which secure them to us are insignificant ; because the king may break down these fences when he pleases . to this i answer , that these laws upon this supposition are far f●om being insignificant ; because , first , they are the boundaries of right : they clearly distinguish the property of the subjects from the prerogative , so that the prince can seldom encroach upon them in any considerable measure , without being conscious of the injustice . secondly , by vertue of the laws we are better assured of the prince's protection against the injuries of all our fellow subjects ; which is no small advantage . thirdly , we have the prince's honour , and conscience , and interest , to secure us : i say his interest ; for notwithstanding the subjects were never so well convinced , that resistance is utterly unlawful ; yet it is by no means adviseable , for princes to try their patience too far : for religion has a very slender influence upon the world now a days . nothing is more frequent than to see men live in those practices which they know to be immoral . now oppression is apt to make wise men mad. nothing touches them so much to the quick , as the breaking in upon their properties , and the undermining the publick securities . and therefore when the government sits thus uneasy upon them , they will be apt to fly out into disorders , notwithstanding all the restraints of law and conscience to the contrary . now since princes are supposed to be acquainted with the frailty and degeneracy of mankind . this consideration of danger will generally keep them within compass , and check their arbitrary designs , though the principles of honour and integrity should happen to prove insignificant . this one would think a sufficient security ; and more than this , is neither allowed by our government , neither can it be by any other . first , we have no reason to believe our government permits us to maintain our rights by arming against our prince , not only because our laws plainly declare against all resistance , ( as i shall shew afterwards ) but because the libertys of the subject were acts of grace from the crown ; and since they had no right to demand them by force , they must take them upon such conditions as they are offer'd . now things standing thus , we have no imaginable reason to conclude our kings had any intention to forego their irresistable authority , except they had signed it away in so many words ; we are not to suppose they would part with such an inestimable jewel , and be so prodigal of their favours , without the plainest evidence . indeed the granting this liberty would be equally prejudicial to prince and people , and render all government impracticable . for , secondly , the ignorance and partiality of the greatest part of mankind is such , that to make it lawful to resist our governors , whenever we think it necessary , is an infallible expedient to keep a nation almost always embroyl'd , and to banish peace and happiness out of the world. such an allowance as this , does in reality dissolve all government , and throw us back into a state of nature . for when a man may make use of all the force he can get to redress his grievances , to carve out his satisfaction , and to possess himself of all those rights he fancies he has a title to ; his owning authority is but a complement ; for he is certainly under no government but his own . he is bound to do no injury 't is true , but this does not hinder his being independent of society . for his obligation to justice results from the law of nature , which binds him to abstain from fraud and violence , whether it 's enforced by any municipal constitution or not . if it 's objected , that this liberty of resistance is not to be allowed , but in cases of extream necessity , when the government is in danger of being wounded in its vitals , and the fundamental laws are struck at . to this i answer , that since the people must be judges of the exegencies of state , this restraining of resistance to cases of necessity , is no security to the common welfare . for by this principle whenever a man , either through mistake , or design , believes or pretends to believe , that the fundamental laws are broken , he has a warrant to take up arms and form a party to dispossess his governor ; and if he can discharge himself of his allegiance when he pleases , he is actually free , because his will is in his own power . farther , except the people are barred from uniting their forces against their governors , there can be no determination of civil controversies . for in regard most people are apt to say , they are wronged as often as they lose a tryal , if they have the liberty of appealing from the bench to the neighbourhood , and may raise all their friends and dependents to oppose the execution of the judges sentence ; then right must be resolved into force , and justice will be all sword without any ballance . now that the doctrine of resistance gives this dangerous allowance is plain . for though our author will not permit us the freedom of raising a civil war , upon the account of male administration in the execution of the laws ; yet he has not given us any assurance that other men will be of his mind . for may they not object that the prospect of having justice observed , was the principal reason of combining in society . for all laws how fundamental soever , are designed only as means for the distinction , and security of property , for the punishing of violence and circumvention , and therefore they ought not to be valued above the end. for if the prince has an unlimitted priviledge of corrupting judges , suborning witness , and forcing the execution of unjust sentences ; all other provisions for liberty are to little purpose . if we are to submit to all this hardship , because it falls within the compass of male administration , what do our fundamental laws signify ? when at this rate , may some men say , we can neither have life , liberty , nor estate secured to us : so that if resistance was allowable in any case , oppression and violence in the administration of iustice would warrant the use of such a remedy . and if every one who imagined himself injured might beat up for volunteers toredress his grievances ; the judges and laws would be the only criminals in a short time ; and all disputes would be decided by blows and blood. besides supposing men were generally agreed , that nothing but the breach of fundamental laws would justify resistance ; since the people are made the judges of this distinction , they need only be at the expence of a hard name for their enlargement ; for it 's but calling any disgust , or petty injury a breach of fundamentals , and the work is done . if it be said , that the people are always quiet when they are well used ; and never attempt to displace their governours , but upon just occasions . to this i answer , that if the generallity of mankind were masters of so much sense and honesty , as this comes to , why did they not continue in that state of nature some men fancy them in at first ? if they had been wise enough to have understood their true interest , what need they have brought themselves under the guidance , and obligation of laws ? if they are so vertuously enclined , why did they submit their wills and powers to a publick regulation ? why should men so well qualified for the use of their freedom , be bound to their good behaviour , and come under the restraints of pacts and subjection ? all authority and law is a great reflection upon mankind ; it plainly supposes the generallity of us are weak , deceitful and turbulent creatures . but if we are so full of understanding and conscience , as some men would make us believe ; all governments ought to be broken up , and every man have his original charter of liberty return'd him . for if we are so fit to be trusted , and to dispose of our own actions ; it 's highly unreasonable to keep us in a state of ignominy , and bondage any longer : but english-men of all others , have the least reason to make panegyricks upon the discretion , and governableness of the people . for not to mention the barons wars , how many tylers and cades , and kets and flammocks , have we had within the compass of four hundred years ? what formidable bodies did those massianelos bring into the field ; and how near was the state being overturn'd by the rebellious levity , and madness of the multitude ? and after all these instances of confusion , we have certainly little reason to think that vox populi and vox dei , are the same ; or that right and wrong depends upon numbers . from what has been said it's apparent , that there must be an irresistable power in all governments : but our two houses ( whose authority is nearest to the kings ) have no share in this inviolable priviledge . for least their legislative office should make them forget their duty to his majesty , they are obliged to take the oaths of allegiance and subjection to him , before they are capable of transacting any business in parliament , iac. . cap. . sect. . car. . cap. . from whence it follows ; that with us the king , and only he , is the irresistable power . neither must this prerogative be restrained to his person ; but extend to his authority . for a king cannot be every where himself , neither is he able to punish offenders by his own single strength : he must govern by his ministers , and sometimes by his armies . therefore if those who are employed by him , may be opposed , and hindered in the execution of their ch●rg● he is as much disabled from pursuing the ends of government ▪ as i● violence had been offered to himself . of this consequence those who made the late act of uniformity , were well aware ; and therefore in the declaration , which they obliged a considerable part of the kingdom to make , the subscriber does not only declare , that it 's not lawful to take up arms against the king upon any pretence whatever , but likewise , that he abhors that trayterous position of taking arms by his authority against those commissionated by him . therefore that objection which is usually made , does not come up to the point , viz. that it 's lawful for a private person to resist an illegal commissioner of the kings , when he comes to dispossess him of his property , or to outrage him in any other respect . for though a man has the liberty of defending himself from encroachments in a private way ; yet if he calls in hundreds and thousands to his assistance , without the king's authority , he falls under the censure of the law. now the reason why the constitution permits the use of force in one case , and not in the other , is because private defence , though never so unjustifiably managed , cannot bring any publick mischief along with it . but if men were allowed to arm towns and countries when they thought fit to complain ; this would be of dangerous consequence to the state , and make it lyable to perpetual convulsions ; so that we should always either feel or fear the miseries of a civil war. but to proceed with our author . in his fourth section we are told , that no consideration of religion binds us to pay more than we owe , not to extend our allegiance farther than the law carrys it . which though it 's true , yet it 's foreign to the argument . for i shall make it appear farther afterwards , that the laws extend our submission , which is one part of our allegiance , to all cases whatsoever . i suppose this advice was intended for a preservative against over dutyfulness , and that his reader might not be misled by the church of englands doctrine of passive obedience . now how proper soever such hints as these may be to some flegmatick climates and constitutions of liberties , i shall not dispute ; yet certainly the enquirer could not have thought them over-seasonable directions for our conduct ; if he had pleased to consider either the legal advantages of the crown , the temper of the english nation , or the time of his own writing : but his generous zeal for the freedom of mankind , makes him think he can never say , nor do enough . his fifth paragraph supposes an original contract , and that the measures of obedience are to be taken from thence , i. e. once upon a time , when every man was weary of governing himself any longer ; they agreed by ●●●eral consent to set one of their own countrym● 〈…〉 ●ome stranger they had a fancy for , upon whom 〈…〉 〈◊〉 term of king , sovereign , or supream , i. e. 〈…〉 glorious titles without conveying the power 〈…〉 , ●ther to make the royal pageant ridiculous , 〈…〉 him ●n occasion to over-rate his authority , which 〈…〉 make him stretch it into a forfeiture , in a short time : 〈…〉 the people forfe●●ing that they should quickly be out 〈◊〉 with being governed might over title their monarch , and ●e the principles of the con●tution weak on purpose , that so 〈…〉 ●pse to them the sooner . but that neither willlim 〈…〉 or his 〈◊〉 succe●ors received their crowns by way 〈…〉 i●●vident to every one , who has seen any thing of our h●stories ; so that this notion of t●e enquirers is perfectly chimer●al as to us . for granting , as mr. hunton observes , ( treatise of monarchy , pag. . ) that subjection is not immediately founded in conquest , but in cons●rt ; yet consent in such a case is forced , necessary and unavoidable ▪ and includes an entire submission to the conquerors pleasure . 〈◊〉 when a king has his enemies ( for a canquered people are no 〈◊〉 at first ) 〈◊〉 such an advantage , he will scarcely be pers●●ded to put any conditions of forfeiture into his title , and reig●●●● their courtesy . for how frank soever he or his successors m●y be in other respects , it 's unimaginable to suppose they will 〈◊〉 them any dethroning power in their charter . and 〈◊〉 t●e case stands thus , we may fairly conclude , that that magnificency of style , with which our kings are always mentioned , has a suitable authority belonging to it ; that those august names of imperial crown , sovereign , supream , &c. which we meet with so often in our courts of justice , conveyances , and acts of parliament , are no empty insignificant sounds , nor ever designed to describe a precarious prince , who may be resisted or deposed at pleasure . in his sixth section he will allow no prince to have a divine authority , unless he can prove his delegation by prophets , &c. and yet st. paul calls the roman emperor the minister of god ; and i believe the enquirer will grant that neither claudius , or any of his family were proclaimed by bath . coll. or crowned by an angel from heaven . i somewhat wonder that our author should advance such propositions as these ; who grants ( sect. . ) that the submission of the people together with a long prescription makes a prince a legal governor , and when his power is once settled by law , he has a good a right to it as any private person can have to his property . and immediately after he affirms , that though a man has acquired his property by humane means , such as succession , &c. yet he has a security for the enjoyment of it from a divine right . now if prescription and succession gives a prince a good humane title , and this title is confirmed by the rules of natural and revealed religion . one would think since he is thus secured in his government by a divine right , he had a divine right to govern . but after all i freely yield the enquirer , that we cannot reasonably conclude from bare possession , that it is the will of god such persons should be our governors ; for the most part we ought to conclude the contrary , because , as he well observes , this argument from possession iustifies all usurpers when they are successful . by his seventh paragraph we are to take our measures of power , and by consequence of obedience , from the express laws of the state , from the oaths which are sworn by the subject , &c. to make this reasoning applicable to the case in hand , i shall only observe at present , that by his own concessions ( sect. . ) there are many express laws made which lodge the militia singly in the king , that make it plainly unlawful upon any pretence whatever , to take up arms against his majesty , or any commissionated by him , and that these laws have been put into the form of an oath , and sworn by all those who have born any employment in church or state. how well he reconciles the doctrine of resistance with these remarques , will be seen afterwards . the eigth section brings us from natural religion , to the scriptures of the old testament , but it 's only to shew that they are not to be made use of in this matter . now under favour , i conceive , these scriptures are not so foreign to the point , as the enquirer supposes . for though the jewish government was particularly designed for that people , yet being settled by divine appointment , it ought to be highly esteem'd and imitated in its standing and general maxims , by the rest of the world. god perfectly understands the tempers , weaknesses , and passions of mankind ; which makes him infinitely more able to judge what sort of polity best answers the ends of society . so that whatever is not of a peculiar and temporary nature in his establishment , should be the model of their government . and to apply this observation ; since there were no allowances of resistance in the jewish government : but certain death was the ordained consequence of disobedience to the civil power , deut. . . we ought to conclude that such a general submission is most rational , and advantageous for the publick good , and therefore are to take it for granted , that all christian states especially are settled upon this passive principle , where there are not express proofs of the contrary . for it 's no honour to the memory of our forefathers , to infer by remote and strained implications , that they thought themselves wiser than god almighty . to the former part of his ninth section i have nothing to object , but am ready to joyn issue with him upon his notion . as to what he mentions concerning the state of the primitive christians , i shall have occasion to touch upon it afterwards . i shall pass over his tenth section , as being in a manner comprehended in his ninth , and proceed to the eleventh which brings us home to our english government . where as a corollary from his former discourse , he concludes , that the question in debate must be determined by the fixt laws and regulations of the kingdom . which is some comfort ; for then we ought not to be over-rul'd by any general considerations from speculations about original liberty , or arbitrary constructions of salus populi : nor yet by the authorities of civilians , especially those foreign ones , who have had a republican byass clap'd upon their education . in this paragraph he informs his reader , that the king's prerogative is bounded , and that it's injustice to carry it beyond it's legal extent , which no one denies . as for his instance , i cannot well imagine what he brought it for ; i hope it was not to try if he could make some people believe that his majesty had levy'd money by his army , for this he knows is not true. but when any of this violence happens , he tells us the principle of self-preservation seems to take place , and to warrant as violent a resistance . it seems to take place , i. e. he is not sure on 't . but by his own concessions he may be sure of the contrary ; if the exercise of this , which he calls self-preservation , be restrained by the constitution , whether it is , or not , besides what has been said already , will appear farther afterwards . there is nothing more certain than that as he observes , sect. . the english have their liberties and properties secured to them by the constitution . but an allowance of fighting their prince in defence of these liberties , &c. is so far from being reserved to them , that it 's plainly forbidden by many possitive and express laws . indeed how is it possible such a liberty should be reserved in our government , which as the enquirer acknowledges , lodges the militia ( i. e. the power of the sword ) singly in the king. so that without his order , none of his subjects can form themselves into troops , or carry the face of an army , without being lyable to the highest penalties . and whereas he urges , that if we have a right to our property , we must likewise be supposed to have a right to preserve it . he means by force . to this i answer , first , that a man may have an unquestionable right to some things , which he has no warrant to recover vi & armis , but must rest the enjoyment of them , with the conscience and prudence of another . e. g. if the father of a wealthy person falls into deep poverty , he has an undoubted right to a maintenance out of his sons estate , and yet he cannot fairly recover it by force , without a legal provision for this purpose . to bring the instance nearer home : the right of making war and peace , is an indisputable branch of the king's prerogative ; yet unless his subjects assist him , this authority can seldom be exerted to any successful effect , because his majesty cannot levy money ( which is the sinews of war ) without the consent of parliament . farther , every one who is injured in his property , and endeavours the regaining of it by course of law , has without doubt a right to have justice done him . but if the court , where the cause is depending , happens to be mistaken , or corrupted , i desire to know whether it 's lawful for him to raise his arrier ban upon such a disappointment ? our author is obliged by his principle to say no ; and therefore he must either answer , . that the party aggreived ought to appeal to a higher court ; to which it may be replyed , that it 's possible for him to meet with the same misfortune thēre ; for our constitution does not pretend to any insallible , or impecable judges . . his second answer , must be that this is a private case , and therefore a man is bound to submit to ill usage , rather than disturb the publick peace . but to this i return , that we may suppose a general failure of justice through subornation , bribery , &c. and then the oppression will be of a publick and extensive nature ; and yet if a grievance of this magnitude should continue unredress'd after complains , our author will not allow us the benefit of any rougher methods ; for he frankly tells us , that it 's not lawful to resist the king upon any pretence of ill administration in the execution of the law. pag. . so that by his own argument , we may have some very considerable rights , which it 's not justifiable to demand of the government with a drawn sword. secondly , this liberty of resistance dissolves all government ▪ for as i have already observ'd , when every man is the judge of his own priviledges , i. e. when he is made the authentick interpreter of the laws , and may use all the force he can get , at his discretion against the state ; he is then most certainly to be govern'd by no body but himself . and therefore , thirdly , this liberty must be the worst security for peace and property imaginable , as i shall shew more at large by and by . as for his limiting resistance , to plain and visible invasions . this is a very feeble remedy against confusion . for since every one is made judge of the evidence , and the generality are naturally over credulous , and apt to believe ill of their governours , when designing men have once impos'd upon their understandings , and almost har'd them out of their sences , then every thing will be plain to them but their duty . thus it was plain that charles the first intended to introduce popery ; though possibly never any person since the reformation gave ●etter proof of his adherence to the church of england than that ●rince . thus likewise at the beginning of this present revolution , it was plain to the greatest part of the nation , that his majesty had made a league with the french king to extirpate the protestants and their religion . though now the world sees there never was a more malicious , and unreasonable calumny invented : but though reports of this nature are never so monstrous and nonsensical , yet at this rate we shall never want a demonstration for a rebellion ; as long as such loose principles , as the enquirer advances , are allowed . his thirteenth section contains nothing but objections , which to do him justice , are fairly put , considering the small compass they are drawn into . how well he gets clear of the difficulties he was sensible of , the reader must judge ; for now we are coming to his fourteenth and dead doing paragraph , in which he offers to take off all the arguments , which are made for non-resistance . now before i reply distinctly to his answers , i shall endeavour to offer something more than i have urged already in consutation of his main principle . and here it 's not amiss to observe , that the enquirer in his ninth section , makes the measures of our submission much shorter , than those of the ancient christians , because our religion is established by law. by vertue of which distinction , he makes our faith fall under the consideration of property , and from thence concludes by implication , that we may resist our prince in defence of it . but we are to consider though our religion has a legal settlement , yet we have no authority to maintain it by force . nay our laws are express as it 's possible against all manner of resistance ( as himself acknowledges . ) now the law is certainly the measure of all civil right , and therefore to carve out our selves a greater security than the law allows , is destructive of all government . if the mobile get this hint , it 's to be feared they will give him no occasion in their second expedition , to admire them for burning and plundering with so much temper and moderation . further he grants , by consequence , that the roman emperours were irresistable . for i don't find that he allows the primitive christians a liberty of resistance , though they were invaded in their lives and properties , as well us in their religion . now if these emperours were irresistable , i desire to know what made them so ; if he answers the laws , i reply , that the english constitution is as full against taking arms to oppose the king as is possible . if he replies , that it was unlawful to resist the roman emperours , because the making of laws was wholy in their own power ; but where the legative authority is partly in the king , and partly in the people , the case is otherwise . to this i answer , that the division of the legislative power does not weaken the obligation of a law , when all the distinct authorities concur to the making of it . e. g. i question not but our author will grant that the english laws , though the people have a share in enacting them , are as perfect , and ought to be as inviolable , as those in turkey , where all depends upon the princes will : therefore if the authority of the kingdom declares their prince irresistible , this makes him as much so , as if he had given himself this power by conquest , and had been the most absolute monarch in the world. and as this priviledge is clear , so he may make it immortal if he pleases , provided he has a negative upon the remainder of the legislative power ( as the king has upon the two houses ) so that the constitution cannot be alter'd without his own consent . nay if the people have given up their rights of resistance by their own voluntary motion , they are bound in honour as well as justice to maintain their own act. so that it seems more unaccountable not to acquiesce in this case , than if they had been forc'd into such a submission . though it 's not improper to observe , that the act which i have now in view ( viz. car. ) which tells us , it 's unlawfull to levy war offensive , or defensive against the king. does not so much pretend to vest the king with any new authority , as to acknowledg his antecedent right , where it 's likewise declar'd that the militia has ever been the undoubted right of his majesty and his predecessors . which is as plain a concession as can be , that this parliament did not believe our government began upon hobs his pacts , or that the king had his power originally from the people . but supposing the government was founded in the voluntary consent of the people ( the contrary of which has been proved ; ) yet after they have once by the most solemn and deliberate act bound up their hands , and made it unlawful under the highest penalties , to use force against the magistrate ; in this case it 's unreasonable to suppose they can resume their antient liberty at pleasure . for that which a man has alienated by his own free grant , is as much out of his power , as if he had never been possess'd of it at all . so that it 's as great injustice to wrest back that , which i have once given away , as to invade my neighbour in his original property . if it 's objected , that such laws of non-resistance as this are to be understood with a tacit exception . viz. provided the magistrate does not press too hard upon the constitution , and violate the most fundamental parts of it . to this i answer , first , if a law which is so absolutely against all resistance , as appears both by the clear and comprehensive stile it 's pen'd in , and by the time in which it was enacted , which was immediately after we were emerged out of the miseries of a long rebellion , so that we have all imaginable reason to believe the wisdom of the nation design'd to make the most effectual provision to secure us from the like calamity . if i say a law thus remarkquibly worded , and circumstantiated , may be eluded by distinctions , and reservations ; then the statute book is little better than wast paper ; for at this rate there is nothing so plain , but may be glossed away into insignificancy . if he objects , that the natural right we have to preserve and protect our selves , will justify the defence of our lives and liberties against all invaders whasoever , notwithstanding any positive municipal prohibitions to the contrary . to this i answer , that to object thus is to argue against himself , as well as against reason . for he grants by undenyable consequence , ( sect. . ) that the primitive christians were obliged to non-resistance , because they lived under a constitution in which paganism was established by law. he should have said , in which christianity was prohibited , for it was possible for both religions to have been established , as they were in the time of constantine : now if a municipal law ought to be over-ruled by the law of nature when they happen to clash ; then the christians who lived under the heathen emperors might lawfully have taken up arms against the government , because they were deprived of their lives and fortunes against all equity and humanity . for to persecute men so remarquibly regular and peaceable , both in their principles and practices , is as manifest a violation of the law of nature as is possible . and if it was lawful for them to resist , then they seem bound in conscience to do it , whenever they had a probability of prevailing . for without doubt it 's a great fault for a man to throw away his life , impoverish his family , and encourage tyranny , when he has a fair remedy in his hand . but our author has not yet been so severe , as to bring ▪ in the martyrs felo de se. but , secondly , the law of nature obliges all men to stand to their contracts , though they have made them to their disadvantage . they must not , as the scripture spea●● , change , though they have sworn to their own hurt , psal. . except the matter of the contract be malum in se. but for men to bar themselves the use of some liberties ( though never so unquestionable ) with respect to some particular persons , and to tye up their hands in reference to their governors , is no malum in se , for in such a case they dispose of nothing , but what is their own , and that upon a valuable consideration . thus much is acknowledged by our author ( sect. . ) for he tells us , that by the law of nature a man may bind himself to be a servant , or sell himself to be a slave , by which he becomes in the power of another , so far as it was provided by the contract . so that where the contract is clear , it ought to be punctually observed . from whence it follows , that when a nation shall deliberately , and authoritatively declare , either that it always was unlawful for them to take up arms against their king ; or at least that it should be so for the future . after they have thus solemnly disclaim'd all manner of right , or pretence to resistance , to defend themselves by force , is a notorious infraction of their promise , and as much a breach of the moral law , as of the statute book . thirdly , because the authority of the constitution must be weakned , and the ends of government lost , by allowing the subject a latitude of exposition , therefore the wisdom of the nation has thought fit to stick by the letter , when it 's plain and unquestionable , though it is apparently against the intention of the law. of this practice i shall give a considerable instance . in the reign of henry the sixth there was an act made ( which i have already cited to another purpose ) in which all persons not possessed of forty shillings per annum free-hold , are declared uncapable of electing knights for the county . the design of which act was to strike the mobile out of the government , and that none but persons of presum'd discretion might have a share in choosing their representatives . but the value of money being so prodigiously altered since that time , fifteen shillings now , probably being not more than one then ; this alteration has thrown the elections upon multitudes of people , who are apparently excluded by the intention of that law. yet to preserve the majesty of these publick provisions inviolable , this act has always been religiously observed in the literal construction , though it 's manifestly against the meaning of those who made it . fourthly , the government , and consequently the publick liberties , are best secured by adhering to the utmost extent of the words of this act , i. e. by perpetual non-resistance , and therefore if we had nothing else to determine us , we may be well assured , it was the intention of the legislators to oblige us to the letter . in order to the proving this more at large , we are to consider , that the world was never yet so happy , as to be wise , nor i am afraid honest in the greatest part of its numbers . now as long as the gross body of mankind are thus unfortunate in their understandings and morals , the peace of society would be very indifferently secured , if it might be disturb'd by a civil war , as often as weak , or designing men should alledge their grievances would warrant them in resistance . which will appear further if we consider , that in all governments though never so unexceptionably managed , there will be always abundance of male contents . some are distructed because they think they are not sufficiently taken notice of , which makes them endeavour to subvert the present establishment , in hopes of being better considered in another revolution . others are angry because they are removed from places of profit , and reputation , though possibly they have lost their post by their own misbehavior , or at most the prince shews no more arbitrariness in this case , than is allowed every private man , who has the liberty of changing his servants at his pleasure . a third sort happen to have some private dispute with the ministers , whom because they cannot displace , they are resolved to revenge their quarrel upon the king , as if a man should murther the master of the family , or blow up his house , only because he is fallen out with some of the servants . this man has debauch'd away his fortune , and if he cannot plunder upon another , he is under a necessity of starving his vice ; which makes him lay hold of every opportunity to embroil the state. in short , some translate their allegiance out of indigence , and some out of spite . some conspiracies are strengthned by compliance , because a man won't be so morose , as to be loyal , when his friends and acquaintance are on the other side . some engage out of curiosity to satisfie their restless humor , and that they may try something that is new. and some revolt to shew their parts , that the world may see what an admirable scheme of rebellion they can contrive , and how powerful they are to harangue the people out of their senses and loyalty . which is far from being an impossible task , for the multitude are as unstable as the wind , always too inclinable of themselves to envy , and censure their governors , which makes them so easily debauched by every seditious impostor . they have not capacity enough to discover the designs of these pretended patriots , nor to foresee the miseries , which are consequent to intestine commotions , nor yet the compassion and good nature to make allowances for the necessary miscarriages of state ▪ they are naturally uneasie , jealous , and over-credulous , which makes them apt to swallow the most extravagant and impossible relations . tell them that one man will attempt the assaulting of two or three hundered , though he knows they have all as strong arms , and as little passive obedience as himself . tell them that their prince intends to massacre all his subjects , and to reign over nothing but carcases , and desarts : that he intends to sell them to a foreign nation , though he necessarily make himself a slave by the bargain ; yet all these absurdities go down currently with them , when they are confidenly reported : though in reality to suppose that princes will resign their authority , and throw away their crowns , is the most improper , and impracticable thought , we can possibly fix upon them . those who are born and bred to empire and great expectations , and accustomed to the charms of sovereignty and power , who are remarkable for a noble and magnanimous spirit , for sedateness and freedom from passion , such persons don 't usually fall into those excesses of mortification and bigottry , as to throw away their kingdoms , either out of zeal , or contempt : but the populace seldom consider these things ; nay , though it 's apparent that it 's nothing but the conscientiousness , the religious integrety , and great affection the prince has to promote the happiness of his subjects , which makes his conduct unacceptable to them in some cases ; though his mistakes proceed from no worse cause than misinformation , or some uneven parts of his virtues ; yet they want either the apprehension or candour , to make just abatements for so harmless , and generous a principle : but are as violent in their censures , and disobedience , as if he had fetch'd his design from hell , and been the most imperious and ill-natured tyrant in the world. and since men are generally such untoward and ungovernable creatures ; since the great vulgar ▪ and the small , are lyable to such fatal miscarriages , and so apt to deceive and pervert each other : since ambition and caprice , and covetousness have the ascendant over the generality , and shams and stories are oftner believed than truth ; in such a state of degeneracy and weakness as this , the government must be built upon a very sandy foundation , if every one is made a judge of the case of resistance , and all the fools and knaves in a kingdom may rebel when they please . such a scheme of politicks we may imagine would fill all places with tumults , blood , and ▪ confusion , and in a short time almost depopulate the world. but i understand some persons object , that popery and arbitrary power were breaking in like a torrent upon us , that our lives , and libertys , and religion , were just upon the point of being ravished . and when such important interests lye at stake , and we are in danger of losing two worlds at once , 't is time to look about us . in such cases of extremity singular methods are allowable , for necessity justifies whatever it forces us upon . all oaths of allegience all provisions against resistance , though never so peremtory and strict , are to be understood with such exceptions as these : for laws were made to preserve , and not to destroy us . i shall endeavour to give an answer to all the parts of this objection , excepting what relates to arbitrary power , which shall be considered afterwards . and , first , as for our religion which is the main concern , we could not have lost that without our own faults ; no man can rifle our thoughts , or rob us of our understandings . there is no storming of a creed , if it 's not betray'd by cowardice , or treachery , it 's impregnable . to which i may add , that adversity is the best tryal of mens sincerity , and gives them opportunity for the exercise of the noblest vertues . christianity is far from being endamaged by the patience and constancy of its professors . to speak properly , a church can never flourish so much , as when we have frequent instances of fortitude , resignation , and contempt of the world , and all other unquestionable marks of an heroick and invincible honesty . secondly , by our religion , therefore can only be meant , the free , and unmolested profession of it , which though it 's a very desirable priviledge , yet we must not contend for it in opposition to the laws of god and our country . to repel a persecution by the assistance of perjury and treason , is a most unjustifiable and fatal remedy . 't is a cure far above the malignity of the distemper , and conveys plague and poyson in the operation ; it makes us destroy the very life and essence of that which we are so zealous to maintain , and damn our selves to secure our religion . the primitive christians were perfect strangers to these salves for ease and self-preservation , and yet their laws could not be plainer against all manner of resistance than ours . besides , no state can subsist upon such reserves of interpretation as these . for , as has been observed already , if resistance is warrantable in any case ; then every individual person must be made a judge of his prince's conduct , and determine what sort of provocations , and opportunities are sufficient to justify a revolt . now if such a liberty was granted , the foundations of the earth would quickly be out of course : such lose maxims as these do no less than proclaim an indulgence for anarchy and licentiousness , and tear up the very principles of society by the roots . for granting the people were generally honest ( though this i am afraid is a supposition , which has much more of charity than judgment in it , ) yet in regard of distance , into experience , credulity , and shortness of thought ; they are neither fit to pronounce upon the administration of their governors , nor capable of distinguishing imposture from truth ; nor discerning enough to foresee , what plunderings and rapes , what faction and atheism , what extensive ruin and desolation are the inevitable consequences of a civil war. now what can we expect but frequent returns of such a scene of misery , if every man may hang out the flag of defiance against his prince , whenever his weakness or his wickedness shall promt him to it . when the subtle and ambitious can practise without controul upon the unstable , and unthinking multitude , and play their spleen and their rhetorick against the government . when men of turbulent and tempestuous spirits , who love to live in a storm , that they may gratify their malice with the wreck and their avarice with the booty . when such men are allowed to blow up the simple , and over-credulous into jealousie and discontent ; and all the seditious incendiaries may throw their flambeaus , and their wild-fire about a nation . when such dangerous freedoms as these ( which yet are no more than the natural consequences of the doctrine of resistance ) are given ; and varnished over with the specious titles of the laws of nature and self-preservation : we may then easily imagine that justice and peace would soon take their leaves of this world , and mankind would need no other judgment , but the effects of their own vice and folly to destroy them . but , thirdly , supposing extremity of rigour in governours would absolve us from our allegiance ( which we see it will not ; ) yet this was none of our case . indeed if we were to form an idea of his majesties government , by the tragycal harangues of some men , we could not imagine any thing less than the ten persecutions had been amongst us ; and that a great part of the nation had been massacred ; and yet , god be thanked , we lived in great prosperity , free from the exactions , and tributary burthens of other reigns , and if nothing but his majesties severity could have taken us off , we might , for ought appears , have been all immortal . well , say they , though we were not actually swallowed up , yet we were upon the brink of destruction ; and if our deliverers had not timely interposed , the king's dragoons were just going to make their fire upon the bible , and the statute book ; and we must either have been converted to popery , or ashes . but ▪ first , i would gladly know of these men , why they always twist popery and slavery together . for this i can imagine no other reason , except it be to make their monster more frightful to the people . for it 's certain there is no such inseparable connexion between these two things , as is pretended . for had our forefathers nothing which they could call their own till the reformation ? is not magna charta a popish law ? and are there not many liberal concessions from the crown before edward the sixth ? and as their argument has notoriously failed for the time past , so i hope it will never be tryed for the future . secondly , this supposal of severity has as little reason , as duty and decency in it . the clemency and goodness of his majesty's temper ( which character his enemies are so just to allow him . ) the generous protection , and assistance he gave the hugonots ; his employing the protestants in his court and camp , and trusting them with the most important places and secrets , those are mighty evidences that nothing of this horrid nature was intended . besides what force was there to perform this extraordinary exploit ? i suppose few people are so far over-grown with the spleen , as to fancy the protestants would have helped to destroy one another . now before the certainty of the invasion , i believe i may safely say , there was not above papists in arms in the three kingdoms , and probably not much more than the tenth part of those in england . oh , but the irish came over ! not above a regiment or two till the dutch were ready to make a descent upon us ; and when they were most numerous , the english roman catholicks , and themselves scarcely held the propotion of one to two hundred protestants : and , i believe , they did not perceive we were so charmed with the spirit of loyalty , or religion , as to let them cut our throats without opposition : for we protestants , at that time , gave broad signs , that though our principles were passive , yet our hands upon a provocation would be as active as our neighbours . therefore as to those irish who were last sent over , the kingdom was then threatned with such a powerful enemy , and the necessity of affairs was such , that there needs no manner of apology for their coming ; and as for the others who were transported before , their numbers were very inconsiderable ; and though we did not foresee the dutch storm , it 's likely his majesty did . this is certain the preparations in holland were visible long before their design was owned , and therefore his majesty had reason to be upon his guard. besides at that time the english were under apparent discontents , for then the mistery of iniquity began to work , and those hellish stories , which drove his majesty out of his dominions , were reported with great confidence ; and a man was not counted a good protestant , who would not believe them . how well they have been proved since the world knows . and here i cannot omit taking notice what a frantick , and ruinous maxim it is to assert , that it 's lawful for the people to set their kings aside upon a bare jealousie , and apprehension of rigour . give them but this liberty , and an impostor will easily fright them into a state of nature , and carry them whether he pleases . if we may renounce the government as often as any bold pretence is made against it , and translate our allegiance upon conjecture and report , the contests about dominion would be so frequent and terrible , yet we had better disband into solitude , than live any longer together ▪ if calumnies and aspersions ( and all undemonstrated reports ought to go for no more ) are sufficient to cancel our obedience , then no prince can have any title as long as there is either knavery , or folly in the world. this principle lays a foundation for a rebellion every week , and renders all government impracticable . by acting in this manner we put it in the power of slander and perjury to determine the weightiest points of justice ; and make it an easie task to over-turn a kingdom with a lye. if it be urged that it is needless to search after farther proof that the subversion of protestancy was intended , because a prince of his majesties perswasion and zeal must necessarily think himself obliged to pursue a design of this nature . before i return an answer , i shall just observe that religious zeal , though it acts upon misinformation is really a commendable quality : for it 's an infallible sign of a good intention , it argues great charity to the souls of men , and a generous desire to propagate truth , and to promote the glory of god. to speak freely , i cannot be heartily angry with a man ( though his methods of discipline are never so unacceptable ) who , i am perswaded , has no other design than to carry me to heaven ; though i had much rather he would permit me to go thither my own way , because it 's almost impossible i should go any other . for rigour is usually very unfortunate both to the proselyter , and proselyted ; it creates prejudice and aversion to the one , and makes no more than a hypocrite of the other . but to proceed to the objection , in order to the confuting of which , i shall endeavour to prove these two things . first , that his majesty is not obliged by the principles of his church to attempt the converting his subjects by severity . secondly , that in all humane probability such a method would prove unsuccessful . first , that his majesty is not obliged by the principles of his church to attempt the converting his subjects by severity . the doctrine of the church of rome , i conceive , is to be collected these four ways , either from her eminent divines , the bulls of popes , the decrees of councils , or the usual practice ; which when a case is doubtful , ought to be taken for the sense of a communion . to begin with their divines ; cassander , a person of great learning and judgment , and whose writings were never censured , insists upon gentle methods for the propagation of religion , disapproves of severity , and tells us it has been a miserable occasion of the spreading of schisme , ( de offic. pii viri , pag. . . ) but because it may be objected this author was more gentle in his censure , and allowed a greater latitude than the generallity of communion ; i shall subjoyn the testimonies of others of a straiter principle ; and who are well known to carry up popery to the height . . thomas aquinas yields ae . q. . art. . c. that unlawful worship , ritus infidelium ( under which words he comprehends an heretical religion , as appears both from this conclusion , and from his next question , ae . q. . . ) may be tolerated in some cases . which he proves , . because the church ought to take her measures of government from the administrations of providence . now god permits many ill practises in the world , least a forcible restraint should prevent a greater good , or prove the occasion of a greater evil. therefore infidels and hereticks have been sometimes tolerated by the church , when their numbers were great , and discipline could not take place without the hazard of giving great offence ; without occasioning a commotion ( or civil disturbance ) and hindring the salvation of those who by fair means might by degrees be won over to the catholick faith. these arguments for toleration are much stronger now , than they were either in aquinas his time , or before it : and therefore if he had lived since the reformation , we have reason to believe he would have pressed them more at large . which probably is the reason why cardinal lugo , who wrote since the counsel of trent , is more full and particular in the point . for though he won't allow a tolleration but upon a very great occasion , yet in such a case he acknowledges , that a catholick prince may give liberty of conscience to his heretical subjects . for this opinion he quotes acquinas , and says he , was followed by the rest of the divines , particularly naming suarez , coninch and hurtado . he adds , that this practice has been used by many of the most pious christian princes , who tolerated open heresie when they could not oppose it without the danger of a greater inconvenience . for this urgent occasion ( causa gravissima ) is then supposed to happen ( as he proves from hurtado , ) when religion is likely to be more damnified by the denial than by the grant of such an indulgence , when the people are in danger of growing mutinous and diserderly by strict usage . and therefore in an heretical country such a liberty of conscience may be granted without any difficulty : and in a catholick one too when things are desperate . he proceeds farther , and tells us , that such an allowance to hereticks is a thing lawful in its self ; and therefore when a prince has passed his promise , he ought punctually to keep it . lugo . de virt. div . fid. disp. . sect. . numb . . . . . we see therefore , that in the opinion of these schoolmen ( though none of the kindest ) we are not to be roughly managed till the major part of us are gained by dint of argument , which is so improbable a supposition in england , that i think we need not trouble our selves about the consequences of it . it 's true bellarmine ( de laicis lib. . cap. . ) pretends to prove by scripture , the fathers , and reason , that kings ought not to permit a liberty of belief , but then he supposes their authority to be absolute ; as appears from his instances of the jewish kings , and roman emperors . therefore his doctrine does not oblige princes , who have only a part ( though a principal one ) in the legislative power , especially when a different communion is established by the laws of the realm , which cannot be repealed but by consent of parliament . a king when he exceeds his prerorogative , is in some measure out of the sphere of royalty : for though his subjects are not to resist him , when he persecutes against law , yet his actions , having no warrant from the constitution , are altogether private and unjustifybale . secondly , and thirdly , the application of this remark will give the decrees of popes and counsels , relating to this matter , a fair interpretation : for neither the bulls of paul the fourth , nor pius the fifth , against hereticks , nor the bulla caenae of urban the eighth , nor the third canon of the great counsel of lateran , in which places , if any where , we have reason to expect this severity of doctrine , i say it 's neither openly asserted , nor can it be collected from any of these authorities , that a limitted prince is obliged to break through the establishment of his country , and act arbitrarily for the sake of religion ; or ( which is all one ) that a private man ought to propagate the orthodox faith vi & armis , though he violates the laws of civil justice , as well as humauity by so doing . fourthly , if the point was dubious , the practice of the roman church ought to determine the controversie . now matter of fact carries it clearly for the favourable side . to begin with france ; it is certain that from the time of henry the fourth till within these few years , the hugonots have had little or no disturbance about their religion , notwithstanding the absoluteness of that monarchy , and the vast majority of roman catholicks amongst them , and yet this indulgence of their kings has never been condemn'd as a prevarication of their duty . to proceed , in the cantons of switzerland the protestants at this day enjoy their perswasion with ease and security enough ( dr. burnet's travels . ) the same liberty is allowed the reformed in germany by several princes of the roman communion ; viz. by the duke of newburgh , the bishop of montz , the prince of salzback , and the bishop of hildershem , &c. and having shew'd that his majesty is not obliged either by the doctrine , or practice of his church to push things to extremity ; i shall prove in the second place , that in all humane probability such a method must prove unsuccessful , and consequently the use of it is apparently against his majesty's interest . he that considers the present circumstances we are in , and takes a full view of the state and complexion of our affairs , must conclude it a romantick enterprize to endeavour the establishing the romish faith in this kingdom . this religion is not only against the conscience , but the grain of the english nation . many things they are firmly perswaded are erroneous and unaccountable , and others they can very hardly reconcile their temper to , though they thought them true. in short , there can be no danger that popery should become the religion of the kingdom , since the abby lands are possessed by the layety , and most of the clergy , by having families , are engaged in the same interest : besides some believe the church of rome too indulgent , and some too strict a mother . for we have enough among us who will neither stoop to the submissions of consession , nor bear the over-grown grandeur of that church : so that if they had no other arguments ( as they have the best imaginable ) their spirit would secure their protestancy . now when a people have such strong convictions to keep them where they are , and such an unconquerable aversion to the roman communion . when argument and inclination lies the same way . when there is sense and reason , scripture and antiquity , numbers , humor and interest , ( all the motives that heaven and earth can suggest ) against a religion , there is little likelihood of its prevailing . besides , the circumstance of time would be no small obstacle to a design of this nature . for the controversie between us has not only been lately handled at large , and drawn down to every vulgar capacity ; but the victory has fallen indisputably , and entirely on the church of englands side . and though the roman catholicks may think otherwise , yet as long as the protestants are of this opinion , the effect will be the same . insomuch that if we had another advantage , the fresh sense of success and triumph would almost make us impregnable . and when things stand in this posture , as every one that has but half an eye must now see they doe . how well soever a man may be assured of the truth of his religion , he is no more bound to drive against all these difficulties and oppositions , than he is to stand in a sea breach . those spiritual directors are fit for bedlam , who will run princes upon such dangerous impossibilities , where there is so much hazard without the least glimpse of success . since therefore his majestys communion does not force him upon such rigorous and impracticable designs , as his enemies would make us believe ; since he has neither duty to oblige , nor hopes to succeed , nor ( for ought appears ) inclination to execute . it seems uneasonable as well as uncharitable , to suppose he will disquiet his age , and disgust his subjects , and hazard his kingdoms any more about disputes of this nature . can we imagine any prince will venture upon an expedient , which is demonstratively feeble and insufficient , and which to speak softly , has proved so unfortunate upon the bare ▪ presumption of a tryal ? will he stand a course , where he knows there are nothing but rocks and shallows , without any prospect of advantage by the voyage ? no ; self-preservation and common-instinct will keep a man from such attemps as these . but to return more directly to our author ( though , i hope , this has been no unseasonable digression . ) having shewn therefore what an insecure distracted condition a state must be in , if subjects were permitted to take up arms , as often as they were abused , or ill disposed : i shall proceed to shew how much safer their liberties are under the protection of that unreputable , as well as unpractis'd vertue of passive obedience . and here ( as has been already hinted ) we have the honour , and conscience , and interest of princes to secure us ; and how defective soever the two former principles may be , the latter must certainly take a firm and universal hold of mankind . few people in their senses will pursue those methods , in which the hazard is so apparently over-proportioned to the probability of success . now every one knows that rigour and oppression is apt to make the subjects run riot , though they are under never such strict obligations to submission . and therefore princes who have more to lose than others , will be more cautious of giving a colourable provocation : besides when they find their subjects under peaceable principles , and aknowledging themselves bound never to disturb their governours upon any pretence whatever . this will make them have the less temptation to oppress them . this will encourage them to enlarge the freedom of their people , when they are so well assured their favours will not be abused . but when maxims of resistance are strow'd , and the whole multitude authorised to determine when this extraordinary priviledge is to be used , which must be allowed , otherwise it s perfectly insignificant ; for i suppose the prince will scarcely tell them when they are to rebel . when such singular positions as these are advanc'd , governours must needs be alarmed , and uneasie , and take the first opportunity to crush their subjects , and disarm them of that dangerous power which is so likely to be turned against themselves ; which design if not actually compassed , would be often attempted ; and consequently the people must be either enslaved , or embroyled . these are the natural effects of such licentious tenets ; they either prove the inlets of arbitrary power , or else keep us in perpetual commotions , and deprive us of all the advantages of society . farther , though the supream magistarte is unaccountable , yet his ministers are not . those who execute his illegal commands may be punished for their complyance . and if the present authority should protect them from tryal , and stop the course of justice . they have the uncertainty of their princes humour , the fears of his understanding their false conduct , but especially the vengeance of another revolution to keep them in awe . now the conjuction of all these arguments for passive obedience , are found both in reason and upon experiment , to be a much better fence for the prop●●●y o● the subject than to authorise resistance upon any account whatever . for this cannot be done without making every individual person a proper interpreter of so dangerous a law ; and giving the people leave to discharge themselves of their allegiance whenever they please . now to give pride , and poverty , and revenge , a general liberty to disturb the publick peace , to allow the subjects to fire upon the crown , as often as they are either ambitiously enclined , or unreasonably frighted and imposed upon ; as in effect to let loose the principles of ruin upon a nation ; and to arm all the wild and ungovernable passions of mankind to its own destruction . and since non-resistance has so many advantages above the contrary tenent , we ought to interpret the law i have been speaking of to this sense ; since not only the plain words , but the common . interest and safety , require such an interpretation : for the design of all laws being to provide for the general convenience , they are by no means to be set aside , though the keeping of them should prove uneasie to some particular times and persons . there is no absolute security in this world , and therefore we ought to stick to those measures which afford us the best ; especially when they are legally established , so that we have no liberty to change them though they were less commodious . and though the doctrine of non-resistance may sometimes press hard upon the subject , yet this very rarely happens , for generally speaking the most arbitrary rigors of the prince are more tollerable than the miseries of disobedience , and civil distractions . i shall give a very gentle instance ; viz. the late expedition of the mobile , who besides the terror and barbarity of their irruption , have in a few days violated more property than probably has suffered by the stretch of the prerogative in an hundred years . therefore since unconditional submission is the best expedient to prevent perpetual broyls and insurrections , and the only solid foundation to fix the government upon ; we ought in duty to god , and our country to adhere unalterably to this doctrine . and if we happen to fall upon a less fortunate age , we must take our chance contentedly , and rest the event with providence , and not fly of from those principles which carry so vast an odds of advantage in them ; by the practice of which our fore-fathers have been , and our posterity is likely to be happy . and now having shewn the unsoundness of his main principle , a little trouble will answer the rest of his arguments . first , he tells us , that all general words are supposed to have a tacit reserve in them , where the matter seems to require it . to this i answer , that in this case the matter does not seem to require any reserve , because such an exception would frustrate the intent of the law , and undermine government . as for his instances in children and wives , they come very much short of his point : for though children ( notwithstanding the general words in scripture ) are not to do every thing their parents may command them , yet certainly they are not to enter into confederacies against them , to fight them , and turn them out of their houses upon any provocation whatever ; and therefore much less is the father of their country to be used in that manner . his instance in marriage is as unlucky as the former . where the parties swear unconditionally to cohabit together till death , and yet as he observes , it 's not doubted but that adultery disengages them from their contract . but the reason why the universality of the terms are limitted in this case is , because we have an express determination of our saviour to warrant it ( matt. . . ) let him produce any such authority for resistance , either from gospel , or law , and we will yield the point . in return to his saying , odious things are not to be suspected , and therefore not to be named . i desire to know of him what is more odious than knavery , yet all securities in law are plain suspicions of such scandalous dealing , and make express provisions against it , though the quality of the persons contracting are never so unequal . so that if there had been any such contract between our kings and people , as some men fancy , the terms of forfeiture would no doubt have been as plainly express'd , as they are in private concerns . and that this is more than a conjecture , is evident from practice of flanders and poland , where such express allowances of resistance have been actually made , ( how politickly i shall not determine ) as appears from meierus , and chytraeus , as they are cited by grotius , ( de iure belli , &c. annot. ad cap. . lib. . sect. . ) nay himself vindicates the dutch from the charge of rebellion ahainst philip the second upon this ground , viz. because it 's confest by historians on all sides that there was an express proviso in the constitution of their government ; that if their prince broke such and such limits , they were no more bound to obey him , but might resist him , which original contract was notoriously broken by the duke of alva their governour . reflections upon parliam . pacif. p. . i shall give another instance out of thuanus to this purpose , relating to hungary . this historian ( lib. . ) informs us , that the protestant nobility of that kingdom , wrote to the states of bohemia , siesila , and moravia ; in which letters they complained very much of the hard usage they had received from the emperors ministers , &c. and after a recital of their grievances , ( which were of the most provoking nature imaginable ) they add , that amongst their other priviledges , ( which ought to be confirm'd in every convention ) they have this remarkable one , granted in the reign of king andrew the second , an. dom. . the tenour of which is as follows , viz. that if his majesty , or any of his successors should happen at any time hereafter to act contrary to those provisions , by which the privileges and liberties of the kingdom were established , that from thenceforth it should be for ever lawfull for the subjects without the least blemish of disloyalty to resist and oppose their prince . this was a decree to purose , by vertue of which ( as thuanus observes ) the protestant hungarians justified their arms against their king : and we may take notice in contradiction to what our author affirms ; that such odious things , and their remedies too , where they are allowed , are particularly named , and provided for . therefore we may fairly conclude , that where none of this plain dealing is to be seen , the constitution does not admit of any such singular reservations . indeed to talk of a character for resistance in a country which has been conquered so often , and all along monarchically governed , seems to be a romantick supposition . for can we imagine that when our kings had sought themselves into victory and power , and forc'd a nation to swear homage and submission to them , that they should be so easie as to article away their dominions , make their government precarious , and give their subjects leave to disposess them , as often as they should be pleased to say they had broken their agreement : but the silence of our laws and history as to any such compact , is a sufficient disproof of it ; for if there had been any such enfranchising instrument , how prejudicial soever it might have been in its consequence . yet the natural desire of liberty would have occasioned the preserving it with all imaginable vigilance : and as it would not have miscarried through negligence , so if violence had wrested such a pretended palladium from us , the calamity would have got into the almanack before this time , and been as certainly recorded as the destruction of troy. since therefore we have no evidence either for the possession , or so much as for the loss of this supposed privilege , we may certainly conclude we never had it , or at least must grant that no claim can be grounded upon such an improbable conjecture , for idem est non esse & non apparere . secondly , our author urges , that when there seems to be a contradiction between two articles in the constitution , the interpretation ought to be given in favour of that article , which is most evident and important . from whence he proceeds to assert , that there is a seeming contradiction between the provisions for the publick liberty , and the renouncing all resistance . and therefore the constitution ought to be expounded in behalf of the former , as being most advantageous to government : now one who had never read the statute book , would imagine by this authors argument , that we had some laws for the taking up arms against the king , as well as others which forbid it , and both equally plain , than which nothing is more false . and upon supposition there was any such clash in our acts of parliament , the law for non-resistance being last enacted must necessarily take place , and repeal whatever was before established to the contrary . but , secondly , i answer , that i have already proved that the rights of the subject are best secured by non-resistance , and therefore they are no ways inconsistent , or contradictory , to each other . so that our liberties had much better lye at the discretion of kings , who have much greater motives than others to do justice , and give general satisfaction , than to depend upon the management and mercy of the people , and be liable to such fatal convulsions which must happen as often as discontent , and ambition can impose upon the weakness and inconstancy of the multitude . thirdly , his third argument is the same with his second , which he has given us in different words , that what we want in weight , may be made up in number . it begins somewhat remarkably , since it is by law that resistance is condemned , we ought not to understand it in such a sense , as that it does destroy all other laws . first , now one would have thought that the condemning resistance , or any other action by a law , had been the only way of doing it to any purpose . but this author seems to draw a consequence of abatement upon this doctrine from its authority , as if it was to be less observed because it is established by law. but , secondly , to give him rather more advantage than the construction of his period will allow . i answer , that i have already made it appear , that to wrest the laws from their plainest and most obvious sense , is to make them perfectly useless ; and that non-resistance is the best expedient to preserve the laws and every thing else that is valuable : and therefore though its plain that the law did not design to lodge the wole legislative power in the king ; yet as its plain that it intended to forbid resistance in case he should set about it : for the law-makers declare in in as full intelligible words , as can be conceived , that the militia , the posse regni , was always the undoubted right of his majesty and his predecessors , and that its unlawful to take up arms against him upon any pretence whatever . now if its possible for a law to make , or declare a monarch irresistible , which i suppose no man will deny ; i desire to know whether it can be drawn up in more significant , and demonstrative terms , than this act before us ? if it cannot , then our author has no imaginable reason to dispute this part of the king's prerogative . as for his instance , that the legislative power is invaded , and the constitution of parliaments dissolved . this charge is aggravated beyond all decency and matter of fact : for it s well known , that the king did not pretend to make his proclamations equivalent to an act of parliament ; and what his majesty acted by way of dispensation , was not only directed by the present judges , but grounded upon a solemn resolution of all the twelve in hen. th . reign , in a case seemingly parralell , which sentence has been followed by eminent lawyers since , and never reversed by act of parliament . as to the regulation of corporations , that was a method begun by charles the second , a protestant prince , and applauded by all the loyal party of the nation : besides the burroughs were not so prodigiously altered , but that we might have had a good protestant parliament out of them , as appears from the elections made upon the writs issued out in august last , where those who were against repealing the penal laws and tests , carried it with great odds against the other party : and since we know his majesty has returned the charters to the state of . and here it may not be improper to observe , that prerogative has been as remarkably misunderstood at court in former ages ; of which several instances might be given , but i shall consine my self to the reign of one , who on all hands is accounted a most excellent prince : i mean king charles the first . now the lords and commons in their petition to the king complain , that his majesties subjects had been charged with aids , loans , and benevolences contrary to law , and imprisoned , confined , and sundry ways molested for non payment . that the subjects had been detained in prison without certifying the cause , contrary to law. that they had been compelled to quarter soldiers and marriners contrary to law. that notwithstanding several statutes to the contrary , divers commissions had been issued out under the great seal of england to try soldiers and marriners by martial law ( quarto car. . rushworth's coll. ) to this i might add the levying ship money , coat and conduct money , &c. but i am not willing to enlarge upon so unacceptable a subject , non to discover the misfortunes of the father any further than justice and duty to the son obliges me ; i say the misfortunes , which we see the best princes through misinformation , or improper advice may sometimes fall into : however i must crave leave to take notice , that these were other manner of grievances than the dispencing with penal laws , both in respect of the evidence and consequences of them ; and , yet i am sure , the war which was made by the subjects upon this score , is by our laws declared an horrid and notorious rebellion . this i mention not to justifie the conduct of the ministers , but to shew that under these circumstances a mistake in his majesty ought rather to be lamented than exposed , and magnified at such an enflaming hyperbolical rate . and to this modesty of behaviour we are now more especially obliged , since his majesty has promised to redress past errors , * which is a plain argument that some of his former measures are unacceptable to himself , as well as to his subjects , and that he will not pursue them for the future . fourthly , our author proceeds to argue , that the law mentioning the king , or those commissionated by him , shews plainly that it designed only to secure him in the executive power , for the word commission necessarily imports this : since if it is not according to law it 's no commission . from whence , i suppose , he infers that those who have it may be resisted . now that this inference is wide of the mark appears , first , because when this law was made , the king was not restrained from commissionating any person whatever in the field , and therefore the legislators could have no such design in their view as the enquirer supposes . secondly , the test act which was made several years after the former , though it bars the king from granting military commands to those ▪ who refused to give the prescribed satisfaction , that they were no papists ; yet this statute only declares their commissions void , and subjects them to some other penalty ; but it does by no means authorise the people to rise up in arms and suppress them , and therefore by undeniable consequence it leaves the other law of non-resistance in full force . thirdly , this law which declares it unlawful to take up arms against those who are commissionated by the king , was designed ( as may reasonably be collected from the time ) to combat that pernicious distinction between the king's person and his authority , which has been always too prevalent ; though in reality it 's nothing but the king's authority which makes his person sacred , and therefore the same inviolable priviledge ought to extend to all those who act under him : yet notwithstanding this , it has often happened that those who pretend a great reverence for his person , make no scruple to seize his forts , sight his armies , and destroy those who adhere to him , under the pretence of taking him out of the hands of evil counselors , which has been the most usual , and plausible colour of subverting the government . this act therefore which was made soon after the restauration , we may fairly conclude , was particularly levelled against this dangerous maxim , which had so fatal an influence upon the late distractions . fourthly and lastly , the enquirer urges , that the king imports a prince clothed by law with the regal prerogative , but if he goes about to subvert the whole foundation of the government , he subverts that by which he has his power , and by consequence he annuls his own power , &c. first , to this it may be reply'd , that bare endeavouring to do an action , though the signs of executing may be pretty broad , is not doing it in the construction of humane laws , e. g. drawing a sword upon a man is not murther . the intention of the mind is often impossible to be known ; for when we imagine a man is going to do one thing , he may be going to do another , for ought we can tell to the contrary ; or , at least , he may intend to stop far short of the injury we are afraid of . and supposing we had an authority to punish him , there is no reason that conjecture , and meer presumption should make him forfeit a right , which is grounded upon clear and unquestionable law. but , secondly , if with reference to the present case , our author means that the government is actually subverted , as he seems plainly to affirm pag. . then i grant the king's authority is destroy'd , and so is the property of the subject too . for if the government is dissolv'd , no man has any right to title or estate , because the laws upon which their right is founded , are no longer in being . but if the government be so lucky as not to be dissolv'd , then the king's authority remains entire by his own argument , because it 's supported by the same constitution which secures the property of the subject . in his sixteenth paragraph we have a mighty stress lay'd upon the difference between male administration and striking at fundamentals , as if it was lawful to resist the prince in the latter case , though not in the former . but if this distinction had been own'd by our constitution , we may be assured we should have had a plain list of fundamentals set down in the body of our laws ; particularly we have all imaginable reason to believe that these fundamentals would have been mentioned , and saved by express clauses and provisoes in those statutes which forbid resistance . for without such a direction it would be impossible for the subject to know how far his submission was to extend , and when it was lawful to make use of force . such an unregulated liberty would put it into the power of all popular , and aspiring male contents to corrupt the loyalty of the unwary multitude , as often as they thought fit to cry out breach of fundamentals . and at this rate it is easy to foresee what a tottering and unsettled condition the state must be in . and therefore according to the old maxim , ( for which there was never more occasion ) ubi lex non distinguit , non est distinguendum . i have now gon through his principles , and i think sufficiently shewn the weakness , and danger of them . and if so , his catalogue of grievances signify nothing to his purpose , though there was much more aggravation , and truth in them than there is . but time has now expounded the great mystery , and made it evident to most mens understandings that our authors party has fail'd remarkably in matters of fact , as well as in point of right . for they have not so much as attempted to make good the main and most invidious part of the charge against his majesty ; though ( to omit justice ) honour and interest has so loudly called upon them to do it . their giving no proof after such importunity of their own affairs , is a demonstration they never had any : for how defective soever they may be in other respects ; we must be so just as to allow them common sence . the end . notes, typically marginal, from the original text notes for div a -e * letter to the convent . no parliament but the old, or, a new-years gift for the late interrupted parliament, now restored to the exercise of their trust ovvned by the army, expected by the people, and performed by god : wherein is shewed by divers reasons, that the commonwealth can receive at present no good, but much detriment in the fundamental liberties of the nation, and the good old cause, if any other parliament sit but the late interrupted parliament. w. r., doctor in physick. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing r a). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing r a estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) no parliament but the old, or, a new-years gift for the late interrupted parliament, now restored to the exercise of their trust ovvned by the army, expected by the people, and performed by god : wherein is shewed by divers reasons, that the commonwealth can receive at present no good, but much detriment in the fundamental liberties of the nation, and the good old cause, if any other parliament sit but the late interrupted parliament. w. r., doctor in physick. sheet ([ ] p.) printed by john clowes, london : . broadside. caption title. signed: w.r. doctor in physick. reproduction of original in huntington library. eng england and wales. -- parliament. great britain -- politics and government -- - . broadsides -- england -- london -- th century a r (wing r a). civilwar no no parliament but the old: or, a nevv-years gift for the late interrupted parliament, now restored to the exercise of their trust: ovvned by w. r., doctor in physick c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion no parliament but the old : or , a nevv-years gift for the late interrupted parliament , now restored to the exercise of their trust : ovvned by the army , expected by the people , and performed by god . wherein is shewed by divers reasons , that the common-wealth can receive at present no good , but much detriment in the fundamenral liberties of the nation , and the good old cause , if any other parliament sit but the late interrupted parliament . . no men in the nation are equally engaged , or so higly concerned to carry on the good old cause as the present parliament , who were violently hindered from sitting . they only are thoroughly engaged against kingship , and the stewarts family : and it is extream weaknesse to think they can do ortherwise then establish the government so as to keep out the one and the other for ever , as much as in them shall lye . whereas we see the pretended parliaments , formerly called by these officers of the army were so little concerned in the good old cause , that they voted a single person and house of lords , and would have made mr. oliver crumwell king , if he had thought sit to accept of their kindness that time . . this late interrupted parliament , being the only true parliament , and the only true authority of the nation , no other parliament can be called or chosen , and if it be , it is de facto nul and void , and all that they shall do is invallid ; for there can be but one parliament in england : and the present parliament is that parliament of england , which cannot be dissolved , but by its own consent or act . . this present parliament , having been legally called , and not by the sword-men , is only legally above their reach , and which they cannot disturbe without high presumption ; whereas a parliament called by their lusts and pleasures , will be necessarily subject to be turned out by their lusts . . ●o choose a parliament at the revolted officers appointment , and to own such a parliament , is destructive to our liberti●● ; for in so doing , we acknowledge the sword-men to be supream , and to have regal authority to call , and consequently to dissolve parliaments , which they will do king-like , as soon as they have raised them money , and served their ambitious ends , or refuse so to do . . the sacred and to all generations venerable authority of parliaments , is so weakened by the force put upon the present parliament to hinder their sitting , that parliamentary authority will be for ever invallid , and unable to secure the interest of the nations ; unlesse it be vindicated by readmission of this present parliament to exercise of their just authority ; for these or any other strong party will be upon all occasions encouraged to endeavour to do the like . . all legal and just authority , being to be conveighed in a legal way from persons in authority , there is no other way way to set any future authority on foot in this nation , but by the present parliament , which was legally called , and can legally give order for the calling of future parliaments . if the revolted officers should be allowed to call parliaments the nation falls from the government of the laws , to be governed by the sword , which how sad a condition that must needs prove , let all sober men judge . yea , let the present ambitious sword-men consider , what will become of their posterity in such a condition ; for they have no assurance , that their children and childrens children , shall be sword-men ; but rather they are like to be vassals to the arbitrary wills and laws of souldiers . . let the revolted officers , and all their adherents , lay their hands upon their hearts and seriously consider , that if they shall at last see their errour , and before they are compelled ( which will be no thanks to them ) permit the parliament to return to the exercise of their just authority ; thus accident all and great good will redound to the nation by their miscarriages ( as the saving of jacobs family did arise from the selling of joseph ) that parliamentary authority , will be thereby exceedingly established and strengthened . for the generaticusto come ‑ will the more admire , and honour the sacred dignity and majesty of parliamentary assemblies ; and all ambitious persons how powerful soever , will fear and dread to violate their authority , when it shall be recorded and reported that a king of england , otherwise a virtuous person , being seduced by evil councel to make war against a parliament , was vanquished with all his great forces , and a general of their conquering army , having through ambition , offered violence to the said parliament , he had no happiness after , it but shortened his daies with cares , fears , and sorrows ; and his son could not stand after him ; and the officers of his army were fain to recall the same parliament ; and when , being seduced , they had again interrupted them , there was no way to satisfie the english nation , but to readmit them again to the exercie of their authority , and to transmit the same to succeeding parliaments . this i say will be a great establishment of parlianentary authority , and consequently a great good , accidentally flowing from their miscarriages , if they will be yet so wise before it be too late , to lay it to heart , which god grant they may . and let all true englishmen that love the libertie of this common-wealth , themselves and posterity ; take heed how they neddle to choose parliament men to sit by power of the sword & consequently to be subject to the lust of sword-men ; and how they contribute to the weakening of all parliamentary authority for the time to come , by hindring any waies the restauration of this present parliament , without which , we must for ever be governed by the sword , or reduced again under the fimily of the stewarts : and which will be the better condition of the two , god all wise only can tell - by w. r. doctor in physick . the printer to the reader . cgurteous reader , i thought it convenient to inform thee , that this paper should have been published the . of decemb. last , but was amongst other papers taken out of my hands when ready for the presse . this paper was pen'd upon the divulging that paper for choosing a mock-parliament by order of the revolted officers , london , printed by john clowes , . whereas by an order of the house of commons, bearing the date d. of october, . silvanus taylor, william hickcockes, maurice gethin, and george cooper, are appointed and authorized to state the principall and interest due to such poore persons within the cities of london and westminster. ... england and wales. parliament. house of commons. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) whereas by an order of the house of commons, bearing the date d. of october, . silvanus taylor, william hickcockes, maurice gethin, and george cooper, are appointed and authorized to state the principall and interest due to such poore persons within the cities of london and westminster. ... england and wales. parliament. house of commons. sheet ([ ] p.) s.n., [london : ] title from caption and first lines of text. imprint from wing. annotation on thomason copy: "octob: ". reproduction of the original in the british library. eng poor -- england -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no whereas by an order of the house of commons, bearing the date d. of october, . silvanus taylor, william hickcockes, maurice gethin, and england and wales. parliament. a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion whereas by an order of the house of commons , bearing date the d. day of october , . silvanus taylor , william hickcockes , maurice gethin , and george cooper , are appointed and authorized to state the principall and interest due to such poore persons within the cities of london and westminster , and the late lines of communication , who did in the yeare . contribute any money , plate , and horse with their furniture and armes upon the prepositions in the foresaid year , not exceeding the summe of ten pounds , and are not able to double , and also of such as are now in prison , and have contributed upon the foresaid propositions . these are therefore to give notice to all such poor , and prisoners , to bring in their publique-faith bills to the said committee sitting in grocers-hall , to be considered of according to the order of parliament , at the times hereunder mentioned , viz. for the city of london , and the liberties thereof , upon friday , saturday , and munday , being the th . th . and th . of this instant october , by eight of the clock in the forenoone . for the city of westminster , within the late lines of communication , and the parts within the power of the militia thereof , upon tuesday and wednesday the d. and th . of october , by of the clocke in the forenoone . for the hamblets of the tower , within the late lines of communication , and the parts within the power of the militia thereof , upon thursday and friday , the th . and th . of this instant october , by of the clocke in the forenoone . for the burrough of southwarke within the late lines of communication , and the parts within the power of the militia thereof , upon munday and tuesday the th . and th . of this instant october , by of the clock in the forenoone . reasons against agreement with a late printed paper, intituled, foundations of freedome, or, the agreement of the people vvhereby it doth appear, that the particulars proposed in the said paper are not foundations of freedome, but of tyrannie and slaverie to the people, being destructive to religion, laws, liberty, and government, against our covenant and protestations, and very dangerous and unsafe for the kingdom / by william ashhurst ... ashhurst, william, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing a ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing a estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) reasons against agreement with a late printed paper, intituled, foundations of freedome, or, the agreement of the people vvhereby it doth appear, that the particulars proposed in the said paper are not foundations of freedome, but of tyrannie and slaverie to the people, being destructive to religion, laws, liberty, and government, against our covenant and protestations, and very dangerous and unsafe for the kingdom / by william ashhurst ... ashhurst, william, - . [ ], p. printed for tho. underhill, london : . reproduction of original in huntington library. eng lilburne, john, ?- . foundations of freedom. great britain -- politics and government -- - . a r (wing a ). civilwar no reasons against agreement with a late printed paper, intituled, foundations of freedome: or, the agreement of the people. vvhereby it doth a ashhurst, william b the rate of defects per , words puts this text in the b category of texts with fewer than defects per , words. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - olivia bottum sampled and proofread - olivia bottum text and markup reviewed and edited - pfs batch review (qc) and xml conversion reasons against agreement with a late printed paper , intituled , foundations of freedome : or , the agreement of the people . vvhereby it doth appear , that the particulars proposed in the said paper are not foundations of freedome , but of tyrannie and slaverie to the people being destructive to religion , laws , liberty , and government ; against our covenant and protestations , and very dangerous and unsafe for the kingdom . by william ashhurst esquire . london : printed for tho : underhill . . to the reader . i have no more to say to the reader , but that when i had considered the printed paper , intitled , foundations of freedome , or an agreement of the people ; i was very much unsatisfied with it , and so were others i met with : and finding that the differences upon it would fall out amongst those who are obliged to friendship and agreement both for the good of the kingdom and their own good , i thought it unchristian and unsafe , to let so great dis-satisfactions lye privately heating together , untill they might kindle into an hotter flame of discontent , especially it having ever been ( as it is still ) my opinion ( which i have not hid ) that differences in this case should be ended by reason , not by opposition : and seeing the publisher of the paper calls upon every man for his reasons against it , i have here brought him mine under my hand , wherein although i am sensible that i may discover my own weaknesse and folly , yet i ever hating all private contrivances , or to do any thing of publick concernment in a corner , have judged it more honest ( and that shall ever go for wisdom with me ) to use plain dealing , which if it be ( according to the proverb ) a jewell , i am sure was never more precious then at this time . w. a. reasons against agreement with a late printed paper , intituled , an agreement of the people . the publisher of this paper called , an agreement of the people , tells us , that it was tendered to the consideration of the generall , and counsell of the army ; but before it was approved by them ( which i hope it never will ) he held it just to be published , that men might offer their reasons against it : wherein he is so ingenious , that however both the epistle and paper might give occasion to some personall reflections , yet i will onely give him fairly my reasons why i cannot agree to this paper ; having for the more clear proceeding first layed down the most principall parts of this agreement , which ( as i take it ) is briefly , that the people who shall subscribe this paper shall agree , to take away this parliament , and to choose an equall representative consisting of . men , who shall have full power without the consent or concurrence of any other person or persons , ( either king or house of peers ) to make , repeal , alter , and declare laws : and that none do resist their laws or orders upon pain of death , except such representatives expresly violate this agreement , and they shall have power to choose a councell of state for the managing of publick affairs : but that they shall not have power to continue in force , or make any laws , oaths and covenants , whereby to compell by penalties or otherwise any person to any thing in or about matters of faiths , religion , or gods worship , or to restrain any person from the professing his faiths , or exercise of religion , according to his conscience in any house or place , except such as are or shall be set apart for the publick worship , neverthelesse the instruction or directing of the nation in a publick way for the matters of faith , worship , or discipline , so it be not compulsive , or expresse popery , is referred to their discretion : with like restriction in other matters of lesse consequence . i am very much unsatisfied with this paper , both for the manner and matter of it , for these reasons . reason . first , because it proposeth , that the people ( or rather some small part of them ) without any colour of law or right , should agree together to alter the present government , and to take away a legall right from burroughs to choose members to the parliament ; which admitted , they may with as much justice and right agree to take away any law , or any mans life or estate , by which rule we should injoy nothing but at the will or any number of men that would call themselves the people . and upon the same ground that those who shall subscribe this agreement may call themselves the people , might those who shall refuse to subscribe it , and those who are not admitted to subscribe it , both call themselves the people , and at any time hereafter pretend like right to do the same , or like things ; which must lay a foundation of certain confusions . neither can there be assurance of any settlement whatsoever in this way for what those who call themselves the people agree upon now , they may alter within a moneth , or sooner if they please . reason . because if there were a right by this way to alter the government ( as there is not ) yet it is not reasonable to attempt so great a matter , the consequences whereof must be of so vast concernment to the kingdome before the inconveniencies of the present government have been plainly discovered , and solemnly debated : and being found out , tryall had been made whether by the present unquestionable power there might not have been found a remedy either by some additions , or smaller alterations , without putting things to so great an hazard as an attempt to make a totall alteration in the supreame power , must bring , and that without offering any reason for it . neither is there onely these generall reasons against the whole paper , but if the subject matter of it , and the proceedings intended thereupon were lawfull , yet there are many reasons against the particulars in it , which i shall proceed with . reason . because it doth propose to take away ( not onely this king ) but all kings , and the house of peers one of the supreame judicatorie of this kingdom , and that for ever , without shewing any necessitie of it ; which the papists , delinquents , and ill-affected persons amongst us ( well perceiving how great a distraction it would bring ) did frequently charge upon this parliament as their designe , whereupon to vindicate themselves from such aspersions , they have made and published severall declarations , that they would not alter the government of the kingdome by king , lords and commons ; and this kingdome having had so many hundred yeers experience of this present government , in the most part of which time they having lived in peace and plenty ; and when any warres have heretofore happened between the king and the people , no such alterations being ever desired or attempted . it is not imaginable that they will now desire to change it for they know not what , for so are all alterations of government untill the conveniencies or inconveniencies be found out by experience . all i will further adde upon this reason is , that this poore wasted kingdome doth not stand in need of so great a division and distraction in the course of all proceedings at home , and to incur such dangers from abroad , as would in reason be the consequences of this alteration . reason . because this paper proposeth the absolute taking away of the power and priviledges of the parliaments of england , which we are bound to preserve and maintain , not only as englishmen but as christians ; most part of the kingdom having solemnly sworn it to the most high god , and one to another in the vow and protestation of the th . of may , . wherein we further vow and protest , to oppose . and by all good wayes and means endeavour to bring unto condigne punishment all such as shall either by force , practise , or counsels , plots , conspiracies , or otherwise do any thing to the contrary . and likewise in the solemn league and covenant of th of septemb. . not onely we in this kingdom , but the most part of the kingdom of scotland have sworn to preserve the rights and priviledges of the parliaments in both kingdoms . now the paper doth not onely propose , to take away the rights and priviledges , but the parliaments of england themselves , as they were constituted when these oaths were taken , to which the words according to the literall sense of them ( which is the rule of oaths ) must relate , for we could not swear to that which was not , or to something that was only like a parliament : therfore no man ( as i conceive ) who hath taken either the vow and protestation , or the solemn league and covenant , can agree to this agreement , unlesse he dare make himself guilty of most palpable & notorious perjury . reason . because it proposeth the taking away this unquestionable legall parliament onely by a forceable agreement , without any authority : and in the room of it to settle a representative which hath not so much as a colour of legall right : by which means , although force and power may hinder this parliament from acting , yet the being of it cannot be taken away , but by the like law that made it . so as we shall have a representative that will pretend to a legislative power , and a parliament who ought to have it both in being at once , which may leade the kingdom into miserable uncertainties and distractions , when any number that will make an house of commons , and any number that will make an house of peers assembled in any place within westminster , will have more power to make and repeal laws then these representatives , although all were done that the paper desires . reason . because there is such a desperate encroachment upon the liberties of the people of england proposed in the election of this representative ; it being a known maxime in law , that no power could lawfully impose upon the liberties or properties of the people of this kingdom , but either by their particular consent , or generall assent in parliament where every man is represented . but by this paper , as well all those who have been most faithfull to the parliament and kingdom , and hazarded their lives and estates in this cause ( if in conscience they cannot subscribe this agreement ) as the delinquents and papists that are most of all obnoxious to the law , shall be debarred from electing or being elected , yet they shall have laws and taxes imposed upon them , and by them who for number are the least partie in the kingdom , and by those to whom they give no consent nor trust ; which is as perfect slavery , as any tyrant could impose upon them . reason . because the declaring of agreement with this paper by subscription , will not onely be a means more to draw , but also to keep those who have adhered to the parliament in this cause in parties , factions and divisions ▪ for after they are once all distinguished by subscribers or non-subscribers , it will make them more strange one to another , and to withdraw that affection and confidence from each other that is necessary for them as christians , and as wise men ; who should rather studie how to finde out wayes of union for their mutuall preservation against the common enemie , then take this course which i fear may prove a way of great danger to us , because it will increase jealousies in those who must be non-subscribers ; that though they are now only made uncapable of publick trust and imployment , yet they are not secure , but they may be proceeded against further afterwards by the new representative unto high ( if not the highest ) punishments : which doubts and fears will increase , if the supreame power be wholly put into the hand of a party who differ from them in principles of religion and civill government , and they have no visible security before-hand to enjoy religion and their liberties ; the want of securing whereof , as it made many of them refuse to agree with the king , so will it binde them from agreement with any power on earth ; upon which ground it is to be feared they cannot but look upon themselves as under oppression , both in their liberties , properties , and consciences : wherein i speak the more freely , that every man might labour and endeavour to prevent such breaches , especially amongst those which fear god , and that none of them might adhere to this paper , wherein it is especially to be noted , that all the distractions , divisions , evils and inconveniences that shall happen upon either subscribing or not subscribing , is onely to those who have been united in this cause , the common enemy being thereby strengthened , united , and kept from the rest of this subscription . reason . because this will tend to the utter subverting and taking away magistracie and government out of the kingdom , not onely by placing such a supreame power ( under whom all subordinate do act ) as at least will be disputed ; and thereby that distance and reverence that god hath put upon his ordinance of magistracie being removed , it is like to fall into contempt ; but by this paper the laws and orders of this representative shall not binde , or be of any force even to those who agree and subscribe to the paper . for although it seems to put the penalty of death upon the resisters of their orders , yet there is one little exception that makes it lawfull for all men ( especially that have power ) to resist and disobey them , the words are these : except such representative shall expresly violate this agreement ; which leaves every man to be a judge of it , there being by this paper no other power intended to be above this representative to judge it ; nor doth it appoint either how , or by whom , this judgement shall be made : therefore every man that will but say they have broken this agreement , and hath power to make it good , shall not offend , but justifie his disobedience , or opposing of their laws or orders by force ; and where there is this principle that judgement is out of the legall judges , there can be no magistracie , authoritie , or government . it is true that ( there being no perfection in any thing here belowe ) all judges and supreame authorities may erre , and do evill ; but if upon that ground any multitudes should be their judges , is not the reason as good , and much more strong , that those multitudes ( who cannot be judged ) may erre , and do evill , by how much they are acted by fancy , and as they are possessed by others , and according to their sudden and present apprehensions , rather then by principles , reason , or judgement ; neither are they bound by those considerable interests to seek the good and tranquilitie of the kingdom , that usually those have who are called to be judges ; and especially they are not so obliged in duty to god , because the magistrates are called by god to be judges , therefore they must judge righteously , as they will answer it to him upon highest penaltie , the losse of their souls . i might further shew , that by the morall law , the law of nature , and the positive laws of god , judgement doth wholly rest in the magistrate . but this point being only for the more abundant clearing , yet not of absolute necessity to this reason , i will insist no further upon it , there being enough to demonstrate , that if no man ought to be punisht for opposing any law or order of this representative , if they break this agreement , and that every man may be his own judge whether they have broken this agreement or no ; then although there may be a colour , yet there is really no authority in this representative : and if not in this , which is to be made the supream , then much lesse have any inferiour judicatories that shall act under them ; and so that great ordinance of god , magistracy , whereby he preserves humane society , shall be taken out of this kingdom . reason . because this paper allows a toleration of popery , only with a restriction to the magistrate , that he shall not instruct or direct it publikely ; but both he , and all the people that will , may professe , and practise it in their houses , which is a large step to introduce the publike profession of it ; especially seeing that by gaining thus much , this just plea will lie for the freedome of it : that there is no reason to except popery , when those that are guilty of atheisme , the denyers of god , or any person in the trinity , the greatest blasphemers , and cursers of god , with those that professe any heresie or errour have their liberty , and are not excepted , and therefore by these principles ( in justice ) popery must likewise go out free , although it may be judged no policy to speak it out at this time . when i consider this , together with the other parts of this paper , which only tends to divide those who have adhered to the parliament and kingdome in this cause , and see what care is taken ( to the end we might be the better destroyed ) that nothing be proposed which might divide the common enemy amongst themselves , but they must remain intire , and united ( which i did intend for a distinct reason against the paper . ) this is a plain discovery to me , that the whole was made and contrived by some jesuite , with the advice of some of the kings old counsellors , although it is possible that some honest men may be coosened into the acting of it for them . but to return to the point , here we have a magistrate that hath neither compulsive nor restrictive power in matters of religion , but both he and the people are freely left to be of any religion that they please , or of no religion if they please ; yet the magistrate ( if it stand with his discretion ) shall have a toleration to instruct and direct in a publike way ( all that will be instructed and directed by him ( for all are left to their liberty ) in matters of faith , worship , or discipline , whereby he is at liberty to instruct according to truth , or in an error , so that for the present it be not popery , yet in truth the best contrivance to build up popery at last upon the ruines of religion by atheism and prophanenesse ; which the more it is considered , the more it will be abhorred by all honest and godly men in the kingdome . if i had more patience i might say much more upon this reason , but i think this is enough . reason . because it will leave ireland to the rebls : and the protestant party and forces there , to misery and ruine : not only by our distractions , but because the managing of the war of ireland is in this parliament , wherein the new representative will have no authoritie . reason . because it tends to divide us from scotland : the particulars held forth in this agreement being directly contrary to the declared principles both of that state and church , and destructive to all the faithfull in that kingdom both ministers and people , that have adhered to us in this cause . reason . because it destroies the cause for which we have fought , wherein so many noble and gallant gentlemen , and others , have not only hazarded , but lost their lives . the quarrell first beginning upon the kings imposing on the power and priviledges of parliament , and interrupting their proceedings . afterwards those that joined with the king in this warre ( although it was so foul an act destructive to the liberties of the kingdome , that they professed the contrary , yet it was apparent that they ) did fight to destroy this parliament ; therefore to join with others to take away this parliament by a forcible agreement , is to do the enemies work , and give them the cause . and is against the great trust which hath been , and is given by the parliament to all the souldiers that have had , or have commissions from them , wherein they are specially intrusted to fight for the preservation of this parliament . and when all souldiers do well consider , that without the authority of this parliament their taking up arms were treason , and their killing of men were murther ; and that it is the authority by which they have endemnity and present pay , and security for their arrears , and that as the change of authority would make many questions in other things , so would it do in these . it being also evident , that as the parliament cannot well be without their forces , so they cannot be without the parliaments authority . upon all these considerations , the souldiers have reason to be against this paper , which proposeth by agreement to take away the cause they have fought for . reason . because although there were a quiet possession of all that is desired in this paper , yet it were not like to stand long , the interests of all that are most considerable , obliging them to be against the keeping of this agreement . for instance . in reason all kings will be against it , for they , and their heirs , and successors are utterly excluded out of this government . the peers will be against it , there being likewise an exclusion of the house of peers . the souldiers will be against it , because it offers forcibly to take away the parliament they have fought for , whose authoritie gave them a being as souldiers , and under whose authoritie they act . the magistrates or people of that quality capeable of government will be against it , because it leaves at the best but the colour of a magistrate , with no power but such as is alterable , and revokeable at the pleasure of any multitude . the faithfull and conscientious ministers will be against it , for as it gives them no protection , countenance , incouragement , or assistance by the magistrate ; so it leaves all their people to the practise and profession of blasphemy , atheisme , heresie , errour and prophanenesse without controll . and it is like that most of the religious and discreet people will be against it , because it neither provides for increase of piety , nor give security for the injoyment of liberty or property , nor hopes of union , which might bring a settlement and peace . and what sorts of people are left whose interest it would be to preserve this agreement , i leave any one to consider , whether they will not be only such who because they cannot bring themselves within the protection of the laws establisht and present government , will possibly sign this agreement , that so they may bring the law and government to their wils and corrupt interests ; for so indeed they do that subscribe this agreement . no obedience being to be given to this representative , but in their keeping this agreement ; and there being no other judges thereof but the subscribers , who in the result of all have the law in their own wils : upon all which grounds , there is no hope that this agreement if it were made ( as is desired ) would either preserve it self , or that any who were most considerable , could be obliged to keep it , so as nothing could be expected from it but to be a foundation for new confusion . i will close these reasons with this profession , that i am far from arguing that this parliament should not ( in this manner ) be taken away out of any base or low end , that i might still continue a member of it , for i dare and do appeal to god , who is the searcher of all hearts , that i know no outward thing to befall me , that i should account my self more happy in , then to be legally discharged from that service . but in this way to tear up the very foundations of all government , and to rear up so miserable a thing in the room , it behooves every true hearted englishman that sees it to be sensible , not for his own , but for the kingdoms sake : and that really set me on work at this time . i shall now onely adde some short generall observations upon severall particulars i finde at the end of this paper prepared already for this new representative ; wherein are desires to this purpose . that no mans life be taken away but for murther . that no man be imprisoned for debt : that no tythes be paid : that there be no restriction ( which is no regulation ) of trade . that there be no lawyers , nor law , but new rules in english , to be made by the new representative ; and twelve men in every hundred , to be judges of all causes ; who are likewise intended to supply the offices of all mayors , sheriffes , justices of peace , deputies , &c. these are the desires of them who labour for a new representative instead of parliaments . and it seems they hope to choose such a representative as will grant them all . indeed if these must be had , i agree there is a necessity ( by some means or other ) to take away this parliament ; for i beleeve that they would never grant such things , as the making of laws in the favour of treasons , burglaries , felonies , sodemy , buggery , rapes , and such like abominations , from which the punishments of death is ( by these men ) desired to be taken off , especially considering that the many good laws which have been made under highest penalties ( as now they stand ) do not hinder nor deterre men from those foule offences which are daily and frequently committed in all parts of the kingdom ; and therefore there rather appears need of stricter provision against them . but when the new representative shall take these things into consideration , they may finde that there will be no need to take away any penalties from malefactor , by a law to keep them from justice , if they do but grant the hundred courts as is desired ( who can but sit seldome ) and thereupon all mayors , sheriffes , justices or peace , &c. who are officers ever ready , and by whose authority the malefactors are apprehended , examined , committed , and brought to justice ; being taken away , the offendors are like to go free without any such law . especially when these hundred courts act the parts not onely of all the lawyers , but of all the judges in the kingdome ; and all this justice to be done , and lye in the brests of twelve men in every hundred , who may be chosen of men that can neither write reade , nor have any estates responsable , if they should be found guilty of briberie , or any other high misdemeanors : by this means we are like to have justice at all adventure , be it right or wrong . if i should go over the rest of the afore-mentioned particulars , i should not keep my word , for there is so much to be said against every of them , that i could not be short , nor is it very necessary to be done : for in the bare reading of them it doth too much appear , that they are working to a universall licentiousnesse , as well in the civil state , as in matters of religion ; by which liberty , all truth , and every mans property , with the government which is the band of humane society , will be destroied . i had thought to have closed here , but i cannot conclude without a word upon that particular proposed , that no tythes be paied ; because i beleeve that taking away the ministers of the gospel with their maintenance , lies at the bottome of it : i say so upon this ground : because i did yet never speak with any man who was for the taking away tythes from ministers , without as good maintenance first provided in a-setled and certain way ( which i could never yet hear propounded ) but he was for the taking away the ministers themselves ; and therefore they will not allow that the ministery is an office ordained by god ( although nothing be more clear in his word ) but call them state ministers , or ( as this paper ) publick ministers , as though they were onely by some politique or civill constitution , and might be taken away at pleasure : then which , nothing can be more contrary to the truth ; neither is it onely clear , that there are those in the church of christ , whose office it is to be ministers of the gospel , but likewise that by an ordinance of christ , they that preach the gospel should live of the gospel : and however it be of a divine right , that ministers should have a maintenance , yet the proportion , distribution , use , and enjoiment of it is from , and by a civill right , whereupon they hold and possesse their tythes by the laws of the kingdome ; and have as legall a freehold in their tythes , as any man hath to his land . and the law doth provide full as good a remedy to the minister for recovering his right of the tythes , as to an impropriator , or other man in the kingdom , for any thing he injoies . but the paper saith , it is a grievance and oppression . i beleeve it is a grievance to those men that ministers live , or have any thing ; but how comes it to be an oppression ? is it oppression to pay to others what is legally due to them ? these men may consider , that if tythes be taken from the ministers , or impropriators , yet there is neither right nor justice , that they by whom they are payable should have them to their own use , for they have nothing that might make or derive a right or title to them . they never payed any consideration for them , they did not purchase , nor were they conveighed to them : when their land was bought , it was under this charge , that tythes should be paied out of it . in a word , there may as much be said in justice , reason or equity , why they should not pay any quit rents , rent charges , annuities , or other charges that lies upon their land , as why they should not pay tythes : and doe but give them tythes upon their crying out that it is a grievance and oppression , and they will in a short time ( i am confident ) upon the same grounds , cry out upon all other payments and charges out of their land ; and it is like the rent to the landlord will not be paied long after , for they will be all alike a grievance and oppression . i do observe that there are two notable peeces of justice in the consequence of this particular of theirs . first , that the impropriator shall be satisfied ( yet i know not how , where , or by whom ) before his tythes be taken away . yet the poor minister that holds his by as good a law and right , shall have his first taken from him , and play an after-game for his maintenance which might gain their point ; when by that means they might be driven from their churches to go abroad to beg , because they cannot work . and the other is , that they would have this new representative to take tythes from the ministers , to whom they belong in justice and right , and to give them unto other people who have no right at all to them . and when they have got the ministers tythes , then they propose that they may have maintenance . provided alwaies , that ( it being against their consciences ) they may pay them nothing : nor others pay any thing , all payments being oppressive , and they are to have nothing but in an unoppressive way . by all which it appears , that they intend to take away the ministers , and get their means to themselves for their pains . i do not in this plead my own case , for i do and shall willingly pay tythes , but i receive none . i have thus lookt into these foundations of freedome , and told you in part what i have seen , wherein i must leave every reader to his own judgement : i shall only upon the whole matter give you mine . that under the colour of laying new foundations , all the old foundations of religion , parliaments , laws , liberties , and propertie : are strongly endeavoured to be undermined , pluckt up , and destroied . and all the materials i finde brought to this new new building are such ( in my judgement ) as only tend to licentiousnesse ; therefore it shall be against my will it i live in it , or neer it , because it hath no ground work . for here is a government without authority , a magistrate without power ; if a minister , yet without maintenance . a people left to be of any religion , or of all religions , or of no religion as they please . it is therefore ( in my judgement ) altogether unsutable to any who desire to live soberly righteously , and godly in this present world . yet not withstanding i would not be so angry with those that should offer it , as to resolve presently to fall out with them . i would remember that it hath still been our enemies work to divide us , england from scotland , and one from another : let it still be our work to unite , and not be so wicked and unwise , as to ruine a righteous cause , and our selves with it . but let us lay aside this paper , and all dividing and party projects , and make it our study how to satisfie and secure one another , that we may live in love and peace ; which as it hath ever been my hearty desire , so it shall ever be my faithfull endeavour , and most earnest praier to that god , who out of all these shakings is only able to bring a good settlement to this poor distracted kingdome . finis . an order of his excellency the lord general cromvvell, and the council of state, for continuing the powers of the commissioners for indempnity. england and wales. council of state. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e g thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) an order of his excellency the lord general cromvvell, and the council of state, for continuing the powers of the commissioners for indempnity. england and wales. council of state. england and wales. lord protector ( - : o. cromwell) sheet ([ ] p.) printed for giles calvert, thomas brewster, and by and for henry hills, london : mdcliii. [ ] order to print dated: july . . signed: john thurloe secr. reproduction of the original in the british library. eng indemnity against liability -- england -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no an order of his excellency the lord general cromvvell, and the council of state, for continuing the powers of the commissioners for indempni england and wales. council of state. a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion blazon or coat of arms an order of his excellency the lord general cromvvell , and the council of state , for continuing the powers of the commissioners for indempnity . whereas by an act of this present parliament , entituled , an act for transferring the powers of the committee for indempnity , the powers and authorities which any committee or committees of parliament had to give indempnity to , or to save harmless and indempnified , any person or persons whatsoever who have acted by authority , or for the service of the parliament , were transferred unto , and were vested and settled in and upon samuel moyer , iames russel , edward winslowe , iosias berners , william molins , arthur squibb , and richard moor , with several other powers and authorities mentioned and contained in the said act , which said act was to continue and be in full force until the first of iuly . and no longer , it is ordered and declared , by his excellency the lord general cromwell , and the council of state , that all the powers and authorities given by the said act unto the said commissioners named therein , or to any former committee or committees of parliament for indempnity , be and are hereby vested and settled in and upon the said samuel moyer , iosias berners , arthur squibb , and richard moor , and upon edward cary and george foxcroft esqs vvho by the authority hereof , or any three or more of them , are impowred to do and execute all and every the powers and authorities granted , limitted , or appointed by the said act , or by any other act , ordinance or order of parliament for indempnitie . provided that this order and authority shall continue and be in force until the first day of november . july . . at the council of state at white-hall , ordered , that this order be forthwith printed and published . john thurloe secr. london , printed for giles calvert , thomas brewster , and by and for henry hills , mdcliii . the lawes subversion: or, sir john maynards case truly stated being a perfect relation of the manner of his imprisonment upon pleasure, for the space of five moneths by the house of commons, and of the impeachment of high treason exhibited against him before the lords, together with all the passages between him and the lords, in messages to them, and speeches at their barre, as they were taken from his own mouth. vvherein also is contained a cleare discovery of the dangerous and destructive infringement of our native liberties, and of the arbitrary government now introduced by an aspiring faction over-awing the parliament. also that groundlesse false report concerning sir iohn maynards submitting to the lords jurisdiction refuted, to the shame of the reporters. by j. howldin, gent. wildman, john, sir, ?- . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing w a). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing w a estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the lawes subversion: or, sir john maynards case truly stated being a perfect relation of the manner of his imprisonment upon pleasure, for the space of five moneths by the house of commons, and of the impeachment of high treason exhibited against him before the lords, together with all the passages between him and the lords, in messages to them, and speeches at their barre, as they were taken from his own mouth. vvherein also is contained a cleare discovery of the dangerous and destructive infringement of our native liberties, and of the arbitrary government now introduced by an aspiring faction over-awing the parliament. also that groundlesse false report concerning sir iohn maynards submitting to the lords jurisdiction refuted, to the shame of the reporters. by j. howldin, gent. wildman, john, sir, ?- . [ ], p. printed for ja. hornish, [london] : . j. howldin = sir john wildman. place of publication from wing. annotation on thomason copy: "march th "; the in imprint date is crossed out and replaced with a . reproduction of the originals in the british library and the bodleian library. eng maynard, john, -- sir, - -- imprisonment -- early works to . civil rights -- england -- sources -- early works to . detention of persons -- england -- early works to . great britain -- history -- civil war, - -- early works to . great britain -- politics and government -- - -- early works to . a r (wing w a). civilwar no the lawes subversion: or, sir john maynards case truly stated. being a perfect relation of the manner of his imprisonment upon pleasure, for wildman, john, sir f the rate of defects per , words puts this text in the f category of texts with or more defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - john latta sampled and proofread - john latta text and markup reviewed and edited - pfs batch review (qc) and xml conversion the lawes subversion or , sir john maynards case truly stated . being a perfect relation of the man 〈…〉 s imprisonment upon pleasure , for the space of 〈◊〉 moneths by the house of commons , and of the impeachment of high treason exhibited against him before the lords , together with all the passages between him and the lords , in messages to them , and speeches at their barre , as they were taken from his own mouth . vvherein also is contained a cleare discovery of the dangerous and destructive infringement of our native liberties , and of the arbitrary government now introduced by an aspiring faction over-awing the parliament . also that groundlesse false report concerning sir iohn maynards submitting to the lords jurisdiction refuted , to the shame of the reporters . by j. howldin , gent. printed for ja. hornish . . sir john maynards case truly stated . much admired aristotle ( tutor to the greatest emperour alexander the great ) was of opinion , that the lawes , a not kings , princes , or magistrates , be they one or more or never so good ▪ ought to be sole ●ords or rulurs of the common-wealth , and that princes and governours ought to governe by the lawes , and can●ot co●mand what the lawes do not command , and ●n his judgement those who command that the law should rule , command th●t god should rule but he that commands a man to be a prince , i. e. to be an absolute ruler , commands that ●●th a man and beast should be prince● ▪ for 〈…〉 and the lust of the mind are br●tish affect●ons 〈…〉 b●th mag●strates and the very best of me● , out the law●● a constant a●d quiet mind , and reason , ●o●d of all 〈…〉 and desire : answerable to this opinion have 〈…〉 proceeded in their first constitution of their governm●●●● ▪ pelitius saith , that kingdomes b were first erected and 〈◊〉 on the worthiest men by the free voluntary joynt ●●●sent of the people , and founded a●d co●fi●med be customes and lawes of each country , a●d th●●efo●e they o●l●ged their king to conforme their government unto the law●s established ; so dioderus si●ulus testifies of the egyptians , that their kings c were bound to conforme the regiment of their kingdomes and their lives and families to the lawes establ●shed , and were obnoxious to sensures in case of defaults , and zeneph●● testifies the same of the lacedemontans , and d licurgu● being little lesse then an oracle in his time , took an oath every moneth to govern the kingdome according to the lawes ●nacted , and m. t. cicero informes us of the famous romane state , that the people gave lawes to all their magistrates , by which they should order their government , thus much may be deduced from these words , imperium in magistratibus , authoritatem in s●●at● , e potestatent in plebe , majestatem in populo , command was in the magistrates , authority in the senate , power in the men●all people , and majesty in the people in generall , so livy hath these words frequently , 〈◊〉 decre●●● , populus jussit , the senate hath decreed the people commanded , and whoever hath leisure to read purc●● pilgrimage and voyages , peter martyrs jud. hist. boemus de m●ribus gentium , strabo , and such other histories , shall find that the athenians , persians , corinthians , medes , and germanes , swe●es , d●nes , &c. prescribed to all their governours , lawes and rules whereb● to govern and reserved to themselves soveraigne power to prescribe farther lawes and limits to their kings and m●gistrates , and to call them to a publike accompt for their off●●ces and misgovernment , and thus a●drew horne f an ancient lawyer informes us , that when the forty saxon princes , which for some time r●led this nation , chose to themselves a king , they made him sweare at his ●n●●garation , that he should govern the people by rules of law without regard to the person of any , and that he should be obedient to suffer right as well as any of the people , and at the coronation of kings unto this day there is an oath appointed wherein they s●eare g to keep the lawes and customes then established , and to grant and defend all such rightfull lawes as the commons of the realme shall choose . and without controversie this concurrent practise of the nations in obliging all magistrates to govern by lawes only , was founded upon impreg●●ble reason and equity . every nation is but a rude ind●gested , chaos a deformed lump untill lawes or rules of government be established , lawes are the vi● plistica or formatrix that formes the principall vitalls , the heart , the bra●ne , the liver of the common-wealth , as it is such the law●s of every people puts the difference ( as to them ) between things judicial● , just and unju●● , good and evill , the lawes are the only measure and boundary of every mans right , interest and property , without such rules of government every mans right to any thing is equall , and every mans t●tle to magistracy or rule r●ns parallel with other , therefore when the lawes of a people are destroyed , and magistrates exercise dominion over them , as being loose and absolved from all lawes or rules of government , and obnoxious to no censures , then all things returne to confusion , and every mans depraved will become● a law to himselfe , and as many as he can subdue by his sword , then iust , envy , malice , covetousnesse and ambition supply the place of law , and most men must be subject to their dictates and decisions , th●● faction , and private interest , exalt and abase , destroy and save alive at their pleasures , then distractions , commotions and bloody massacres overspead the face of a people , and no security remaines to the estates , liberties or lives of the people , more then to the wild beasts of the forrest . now what pu●blind eye cannot discerne englands fa●e in this glasse , are not our lawes subverted and turned into arbitrary decrees and resolutions , every day rising and every day withering like m●shromes , and are we not governed by those who conceive themselves absolved from all lawes or rules of government , ●●a are we not governed jure vago & inc●●●● , by a leaden 〈◊〉 rule , to which we cannot square our obedience , but in●st writ untill the grandees that guide the legislative power , measure our actions for us , or apply the rule , m●● we not complaine with the french-men in lewis the eleventh ▪ tim●s that will is law , and law is will , what is now more common then a transgression without a law , an accusation without an accuser , and imprisonment without a cause rendered , a sentence without a legall judge , and ● condemnation without a legall hearing or triall ; who can promise himse●fe the least safety either in his life o●● liberty , unles●e h●s mind and conscience be ta●quam 〈…〉 ? as a pure table wherein the prevailing faction may freely engrave the determinations of their wills . i shall not for present endanger the readers ey●s with an uncessant e●●iux of brinish tea●●s by relating many of the do●efull tragedies really acted upon our libert●s ; i shall ooe●● give you an impartiall narrative of sir iohn maynards ca●e , and of the wounds which our liberties have received there●● . and least any shou●d view his case with an e●● whose pure christal line humour is vi●●at●● with prejud●●● , i. ●●me give you a character of the gentleman . . sir iohn was bred a courtier , and had ●● least the favourable aspect , to say no more , of king iames and the present king charles ▪ yet his priv●te ingagements to the court and his interest there , was to more to h●m when the interest of his countrey stood in comp●tition with the courts , then the 〈◊〉 wyths sampson ▪ he appeared with undaunted courage with the first that arose to vindicate the parliaments and the peoples cause , be lent ● . pound upon the first propositions . . as he began with the first , so he persevered without w●vering when the parliament was in its most despicable condition , and their army at the lowest ebbe , when the army was new moulded , and sir thomas fairfax elected general● his endeavours to promote that designe were eminent , he lent . l. and procured . l. more by his influence upon his friends towards that . l. which necessity then required . ● . for his demea● our in parliament , there is a cloud of witnesses , that according to the dictates of his cons●●ence , his endeavours for common justice were eminent , but above all he was exemplary in opposing the members mutuall gifts each to other out of the publike treasury , be often inculcated that it was illegall that f●ofees in trust for the people as the● were , should dispose of the publike treasury amongst themselves , and that it was contrary to their declarations , and destr●ctive to the souldiery and the desol●te widdowes and orphans , and that it rendered them infamous , a reproach and scorne amongst all the people and to the adjacent countreyes ▪ if i did not much affect mode●●y in parties which are competitors , i would in large this character . but that which kind led the indignation of l. g. cromwell and commissary gen. iret●n against sir iohn , was his declaiming against the partiality , ambition , covetousnesse and injustice of the grande●● of the army , he testified his dislike of that notable peece of injustice that l. g. cromwells son ireton being the puny colonell in the army should upon the day of naseby battell be advanced above all the colonells to be commissary generall , and he imputed it to this injustice that commissary generall iretons regiment , first turned their backs in that battell , and likewise he testified with some bitternesse his abhorrency of the unworthinesse of some genera●l officers in the army which lurked in a wind mill a● nafeby battell , viz. l. g. ha●●mond , sco●t-master gen. wa●sen , muster m. generall stanes , and he was a constant sharp antagonist to the independent party , wherein he only followed the dictates of his cons●●ence . this without con●toversie was the reason , that sir john was one of the . members impeached by the army , for l. g. cromwell confessed at colebrook that they had nothing against him , this will be proved by witnesses , but whosoever shall observe the armies impeachment of the . members will discerne that there is nothing against sir iohn in any of the articles , unlesse it be where they mingle his name with others , to c●lour over their conspiracie against him ; but sir iohn being an active man in the opposite party , there was a necessity to remove such an obstructer of their empire . and for the articles of treason now against him for levying war , i only desire to acquaint the reader ▪ that sir john offered to produce two members of parliament , and other witnesses , to prove that he was at his house in su●rey five miles from london , when the london-ingagement , voted by the parliament to be treason , was prosecuted , and likewise when the ●●●ult happened which offered force and violence to the parliament , neither had he set in parliament during the absence of those members which fled to the army , had he not ●een commanded to attend the house , and by ordinance of parliament appointed to be of the committee of safety . now to the stating of his case . first , about the●● of septemb. last a warrant issued forth by order of the house under the speakers hand , to bring the body of sir john maynard to answer to such things as should be objected against him . in the first s●ep of their pro●eedings , to q●estion and prosecute sir iohn , they deviated totally from the paths of law and justice ; and it 's no wonder all the progresse towards his 〈◊〉 is so irregular , the foundation of their proceedings against him is hid upon will , pleasure , or a supposition of an absolute unlimited dominion , if the law should be acknowledged to be the measure of their proceedings , it 's beyond dispute , that the body of no englishman can be legally arrested , 〈◊〉 by vertue of any warrant , wherein some cause is not expressed , ●●d that with 〈◊〉 certainty and particularity , that it may appeare judicially that the arrest is ●●●st : these are the expresse words of ma●●● chart● , that no man shall be t●k●n , that i● arrested ▪ or attached , or restrained of his libert● , unl●sse it be b● i●●●ctment or presentment , &c. and therefore sir edward c●●● ▪ f●ith , . part. instit. ●●l . . that a warrant to restraine any person of his liberty , to answer to such things as sh●ll be objected against him , is utterly illegall ▪ and that very legall warrant must have a lawfull cause of the persons restra●nt con●●●ned in it ; and if the law had not thus provided , we we●● absolute vass●l●s to the wilis of magistrates , they might at their pleasure i●u● forth a warrant to command the person of any man , . or . 〈◊〉 distan● from ●hem to be brought before them , to answer such things as shall be objected against him , and when he appeares there may be nothing materiall against him , or no crime p●rtaining to the cognizance of that person or court that issued out the w●●rant , and yet again the same person through private malice might be 〈◊〉 by the like warrant , and again also 〈◊〉 his estate be conf●●med , or his ●●ad● destroyed by such molestations and expences incident 〈◊〉 , and upon the like warrant every justice of the peace might vexe and m●iest whom they please : therefore the law permits ●or the h●●hest 〈◊〉 in england to command 〈…〉 despicable englishman to attend him , or be arrested or brought before him without a legall cause , and his office or authority specified in the warrant or processe , and upon this accompt the parliament declared , july . . that it 's against the lawes and liberties of england , that any of the subjects should be commanded by the king to attend him at his pleasure , first booke tarl . decl. p. ●● . now who can distinguish between an absolute command to attend a court , or magistrate , and a warrant to appear before them , without a lawfull cause specified ? but though the axe is laid to the root of englands liberties , by this first warrant to appeare before them , yet i wish this first stroake had been con●ound●d with the last , b●t they proceeded to cut in sunder the p●●me roots of ●reedome . secondly , sir iohn maynard obeying m. speakers illegall warrant , and att●nding the hous● , m. miles corbet made his report concerning him from the committee , and produced some papers , pretending they were written by sir john , and thereupon m. corbet examined sir j●hn upon interrogatories , as whether those papers were written or subscribed by him , and this interrogatory they doubled and redoubled : observe reader how they wander in the devious crooked wa●es of injustice , when they have fors●●en the paths of righteousnesse ; see the deformity and obliquity of their actions , when they refuse to measure them by the rules of the lawes established . was it possible . years since to have possessed any ingenious man , that this parliament would have deviated so far from the rules of law and justice , yea the common light of nature , as to examine any man upon interrogatories against himself in a criminall case ? would any have believed that this parliament should have degenerated so far , as to indeavour to compell a man to destroy himself ? is it not a ●●ddle surpassing all , that this monstro●s age hath produced , that this parliament , that hath deemed the starre-chamber and the councell table● names worthy to be a curse and a by-word ●o posterity , because of their cruelty in censuring men for refusing to answer interrogatories , that this parl. i say , s●ould urgently presse sir io. maynard to answer interrogatories against himself in this criminall case ? is it credi●le that this parl. who complained in their first remonstrance of the state of the kingdome ( . part book dec. p. . ) 〈…〉 upon the people ? or that th●s 〈…〉 ●ct of 〈…〉 ▪ is ●●●redible ▪ i say , that they 〈…〉 ●ands have destro●ed , who c●n 〈…〉 rather ●mpute these proceedings to the 〈…〉 ●ohn it seems , resented 〈…〉 to answer m. corbe●● redoubled que●es , ave●ring 〈…〉 had better taught him then to ●●st 〈…〉 own destruction . i with sir iohn had kept his ground , 〈…〉 defia●ce to the in●ade●s of englands liberties in this particular , with as muc● 〈…〉 hath since manifested in some other particulars of 〈◊〉 importance : but by 〈◊〉 estooped beneath h●mse●fe ; f●rb● their importunity ●ee ans●●red their interrogatories negetively , that ne●●●er ●●e papers pr●●●c●d , nor th●●●me sub●… sir iohn maynard humbly moved for a copy of the charge brought into the h●use against ●i● b● mr. corbet , and time and lib●rty to exam●●● his own w●t●●ss●s by whom ●e ●ffered to p●●v● the falsity of the most m●●●ria●l things obj●cted against him . but such was the rigour of the prosecute●s and ju●●e ( for they went one and the same ) that magna charta , p●●i●●n of right , the stattute o● . ●dw : . . and the statute . edw : . and the . edw : . not one , ●o●all of these , could either by their glittering bea●es of justice a●lu●● them , or by an awfu●l majesty constraine them , to preserve inviolate this na●ive liber●y , though the recited sta●ute say expresly , that no man shal● be taken &c. nor disfrienged of his free-h●uld ; but by the lawfull judgement of his peers , or by the law of the land : that is , by being brought to answer by due proces●e of comm●n law : now who is ignorant that it 's contrary to all the p●●●●edings at common law , to have a charge in an english court , a●d yet to be denied a copy , whereupon to returne answer , or to be denied councell in th● 〈◊〉 of law ? was it ever known , that the m●st infam●●s se●●n was denyed cou●cell at the kings be●ch barre , if ●● pleaded the insuffi●cenc●y of the indictment in law ? and 〈…〉 more u● a●swerable reason that sir iohn should have had a copy of the house of commons charge , being it is an english court , and c●u●cell also assigned him upon his pica , that the charge against him was not leg●ll . notwithstanding all these ir●eguler arbitrary proceedings , the house being reduced to about ●● . pas●●d judgement upon sir iohn maynord , t●●t he should be expelled the house . observe how the foundation of englands freedom is subverted , this gentleman , a commo●er of england , is dis●eized of his c●o●sest franchises , or liberties , the place of highest trust , contrary to the established lawes . this censure is passed upon him wit●o●● one witnesse being heard in op●n court , either pr● or co● , a●d the gentleman that made the report from the committee onely named one witnesse ( which he said he could produce ) as to any particular objected against him : now by the statute of . edw : . c. . it is provided that no man should thenceforth be indicted for any tre●so● that then was , or from that time should b● , from iune then next ensuing , perpetrated , committed , or done , unlesse the offender be thereof accused by two lawfull accusers , except the party shall without violence conlesse the same , yet here you see a judgement in parliament passed against s●r iohn for the pret●nded c●ym●s which they stile t●●ason , although there was a pretence but of one acc●●er , or witnesse to any 〈…〉 . this judgement is passed against this gentleman , before his pica to the legali●y of the charge was freely a●gued by councell , and j●stly determi●ed ; whereas comm●n reason dictates that the matter of ●●ct come● not in question untill the charge or accasation , be it as it ●ught ●o be , by perscentment or indictment , un●il i see the legality of that be determined . now if the c●mmone●s of england may be disleized of their ch●isest freedoms and priviledges , contrary to the known law , yet to the universall commands of nature ; what basis or foundation of freedom remaines firme ? what security to the life of any commoner of england , more then the good will of the prevailing party . but a further progresse was made towards subversion , of our liberties . a further judgement was passed against sir iohn maynard . viz. that he 〈…〉 to the tower , to remaine a prisener there , during the pleasu●e of the h●n●● . there was no cause specified of this censure , either in the clarkes book , or in the warrant , or mittimus directed to the lieutenant of the tower . by vertue of an order of the house of commons , these are to require you to receive from the serjant at armes , or his deputy , the body of sir john maynard , knight of the bath , into the tower of london , and him there to detaine in safe custody : as your prisoner , untill the pleasure of the house be signified to you to the contrary : and for so doing , this shall be your warrant . to the lieutenant of the tower in london . dated . sept. . william lenthall speaker . here is the impoysoned arrow shot through the principall vitall of englands liberty , here is equity , law , and justice de●hroned , and absolute will , or blind lust challenging the proper imperiall seat of england . this commitment drawes the black line over the name of english fredom , yea the line of confusion upon the k●ngdom . if the supreame authority shall thus actually a●ow , that they are to governe , ●●ose and dis●olve all laws of government ▪ * to di●pose of the persons of the people at their pleasure ; then all mutuall relations and dependency of a kingdome , and all the tearmes of destinction between rulers and ruled , may be 〈…〉 the foundations of property are overturned , and no man 〈…〉 thing his own : but himself , and what ever he injoyes is at the pleasure of others . this mannes of imprisoning this gentlman is a two edged sword , whereby our liberties are mortally wounded . . here is an imprisonment without a cause expressed , and what 's such a commitment lesse th●n a virtuall publicke declaration , that you shall be destroyed in your liberties , reputes , estates , and your lives ind●ngered because we will . though their should be a just legall cause of imprisoning any man ; yet if it be not expressed in the order or warrant : our liberty is no lesse sub●erted , then if their were no c●l●ur , o● pretence of a crime in the least punctilio ; the rule of the law is , inter ●on apparentia ●t non existentia eadem est ratio , there ●s no difference between things that are not , and things that appeare not ; it s invincib●y avident , that our persons are absolute vassals to the wills of governors , if a warrant for the imprisoning any man without a cause specified therein should be allowed as just or legall . sir edward cooke in the , part 〈…〉 , fo. . averrs , that its the speciall thing required to make a mi●ti●●s legall , that the cause be expressed with such convenient certainty , and may appeare iudicially , that the offence requires such a iudgment as imprisonment ; therefore the crime of a supposed off●nder imprisoned , must be in some sort particularized in the mittimus , according to that of festus , act. . . . h●●ought for some certaine crime to insert into pauls mittimus , whereby he should be sent to cesar ; for saith he , it seems unreasonable to send a prisoner and not witha●l to signifie the crimes laid against him . and this is the true intent of magna carta , c. . wherein it saith , that no man shall be taken , or imprisoned without persentment , or indictment &c. i could multiply reasons in this particular . as . from the indictment of an offendo● which ought to rehearse the effect of the mittimus , and therein the particular crime , must be expressed . a second taken from the forms of the habeas corpus , which ought not to be denyed to any offendor out of the kings-bench , or out of the chancery , the words are these . precimus vobis quod corpus a. b. &c. vna cum causa dect●ntionis su● , & habeatis coram nobis & c. ad subijciendum et reci●ien●m ea quae curia nostra &c. this writ is to be directed to the goaler , or sheriffe detaining the prisoner , wherein he is commanded to bring the body of a. b. with the cause of his detention to receive , and suffer what the court shall order according to the law . now the goaler is to returne his warrant to the court , by vertue whereof he keeps any men prisoner , and if there be not a legall cause and authority expressed , its false imprisonment , and the goaler may be indicted * for it , upon the 〈◊〉 . of magna charta , or an action of false imprisonment lyes against him : and let it be observed that a generall criminall head , as treason , felony , &c. is no legall cause to be incerced into the mittimus , it s no sufficient return by the goaler of the cause of his detaining a prisoner ; for the court can passe no judgement upon an offendor , neither can any indictment be grounded upon such a mittimus , wherin the crime is expressed only i● such a generallity . the second wound which out liberties have received by this gentlemans imprisonm●nt , is by this order to detain him during pleasure , o this ! this . i say strikes the fatall stroke to freedom and justice : this overturns , overturns , overturns the foundations of the kingdom ; this one act , if approved or drawn into presiden , hath a seminall vertu● wherby it contai●ed in it ; self all the distinct species of injustice whereof the s●● was ever ye● spectatours . . t●is imprisoning without c●use specified , during pleasure , if ●t shall be av●w●d by parliam●nt , doth ipso fa●t● enervate yea evacuate , & null a●l established laws of the la●d ; it renders all rol●s and records , no better then wa●te papers to l●ght tobacco ; to what purpose serves magna ch●rta , the pet●tion of right and other wholsome laws , which say no man shall be imprisoned passed upon &c. or any way●s destroyed ; but by the iudgement of his equals or by due pr●cesse ●t law . again , i● we shall be destroyed of our liberies at the ple●sures & during the pleasures of corrup● men , and if any englishman may be detained a prisoner , during the pleasures of others , of what use are those lawes that provide a habeas corpus , should be granted out of the kings bench , or chancery ; whereby the goalers commanded , that the person of any complaining of injust imprisonment , be brought before the judges , with the cause of his restraint , that as sir edw. cooke saith , if he be imprisoned * contrary to the law of the land , they may by vertue of magna charta deliver him , and if it be doubtfull and under consideration , he may be bayled . this was also resolved by all the iudges of england , that upon complaint of any prisoner they ought to send the kings writs ●or his body , and * to be cert●fied of the particular c●use , and that in case they shall find no legall cause of his imprisonment , they ought and are bound by oath to deliver him ; but of what use are these lawes , and d●clarations of law , if persons may be detained in prison , be it justly or u●justly , during the pleasures of any number of men whatsoever ? i must prof●sse , i know no other use of the lawes then to sh●w the bouldnesse and presumption of injustice , that dare tram●le upon the lawes and l●berties of the people , when they are most solemnly and eviden●ly declared . . this commitmen● during pleasure , establisheth the wills or lusts of men : as the rule whereby to punish transgressours : suppose they be reall ●ffendors that are imprisoned , yet if they must be disseized of their liberties , trade● , and other imployments , during the pleasures of men , then their punishment is measured by the rule of their p●easure : and if men shall be censured in case of supposed or reall offences according to the pleasures of others , then those mens wills or pleasures , must necessarily also be the rule wher●by the ●ffences must be measured , as to the degrees , ye● , whereby all the actions of men shall be tryed , whether they be just , or u●just , good , or evill , and in case . shall assume and arrogate to thems●lve● , the abs●lu●e dominion ever us , that it may be england shall have . di●●●nct lusts , unto which they must conforme their actions . . this commitment during pleasure , supposeth the perso●s exercising that authority , to be unaccountable and ob●●●ious to ●o censures , for any possible ab●se of their power ; if their pl●a●u●e be the supreame rule , whereby they shall judge of the peoples actions , and ce●su●e them to the losse of their liberties and dearest injoyments , then there is no rule whereby to measure the recti●●de or obliquity , ●ustice , or injustice of their government , and by cons●q●ence they are under an imp●ssibility to render an accompt of their wayes : this the parliament ab●●orred in the king , as appeares by their last declaration , shewing the reason of their votes , not to make nor receive any addresses to , or from the king , p. . they say the king hath layd a fit foundation for all tyranny , by that most distructive maxime , viz. that he o●es an acc●mpt of his 〈◊〉 , to none but to god alone ; but whether this principle be esteemed by the present grande●s that over-awe the parliament , too sweet a morsell for any pallate , except their own : i will not determine . . this impriso●ing during pleasure expeseth the liberties . estates , ( if not the lives ) and all the people to perpetuall uncertain●y ; who can perfect● , soresee what construction the ruling gen●lemen shal please to put upon the most innoc●nt actions , and inten●i●ns of any which are not blessed with the●r graci●us aspect ? ●ow plausibly and with what facility may they at least question their actions ▪ and upon what faire pretences may they commit them to p●●s●●ns ? and if this shall remaine during their pleasures , they solely depend upon the uncertain , inconstent wills of a ●ew g●andees ; for the enjoyment of their liberties , trades , and 〈◊〉 : o● howev●r upon the least pretence of a transgression , any man sha●l be imprisoned during pleasure ▪ by the heads of the present faction or by their i●fl●●●ce upon the parliament , and th●n his liberty is lost for ever , and it may be his family there by utterly ruined , being under an impossibility of regai●ing his freedom , unles●e he can please and satisfi● , either by c●eeping and cringing , or otherwise , the ambitious ●umours or corrupt wills of those sta●ists . i might here also oportu●ely discover the abhorancy of perpetuall imprisenment , or during the pleasure of any man manifested in the statute and common law , and likewise what exquisite care the law hath taken for the liberties of mens persons , by the law of the land , be●ore the ●●●que●t : as app●ares by the lawes of ethel●ed , a man was ba●leable for any offerce ▪ untill he was co●victed , and sir ●●ward c●●ke saith , that by t●e common law , a man accused or indicted of treason , or of any f●lony whatsoever , was bayleable upon 〈◊〉 surety ; for the goale was only his pledge that could ●i●d none , and though some sta●u●es have since ab●●dged that liberty ; yet the writs deodio & atia , still in force to helps such to bayle , as are accused of fe●●ny , and the care taken , that every man may have an habeas corpus , by imposing an oath upon the judges , and providing remedies , in case any should refuse to obey the writ of habeas corpus , those things i say manifest the tendernesse of the law , to every mans liberty , and it 's a obhorency of long tedious or perpatuall imprisonment at pleasure , and the law never intended , neither doth allow imprisonment to be a punishment ; but only a safe custody * untill the ordirary appointed times of tryall . but i find it objected by some , that the parliament is above lawes , and statutes , yea , magna charta it selfe , and cannot be confined within their bounds ▪ in their imprisoning supposed off●●ders and there●ore may imprison anyn an during pleasure : this i confeste is the opinion of the faithful & valiant sufferour mr. prin in his soveraign power of parliaments . . part p. . answ. i concelve this to be a grosse mistake , confounding the legislative power with the power judiciall , and executive of the lawes : its unquestio●able , that the law-giving power of the parliament is suptean●e to all the statutes enacted by ●ormer parliament● , ●h●y may at pleasure alter and rep●ale them , either totally or in part●●ct this law-giving power is not absolutely supreame to magna charta , who'ly at their pleasure ; this great charter hath 〈◊〉 consideration , either as it is in part a statut● law , and so it is subject to the pleasure of the parliament , to be altered , repealed , or confi●med , or as it is a declar●●ion of ●●e common law , or of comm●n reason and equity , and thus t●s not pr●st●●●e at the secte of the parliaments will . in the trust comm●t●ed by the people to the parliament , to be legis●a●or ; it is ●aturally ▪ and necessarily implyed and supposed ; that common reason ●nd equity should be a law to their ; a●d thence it is received as ●n und●●b●e maxim that comm●● 〈◊〉 may annull an act o● p●rli●ment ; but whilst sta●u●e ●●ws , are not ●epealed by v●r●ue of the legislitive power , i supp●●● they are as obligatory t● the parliament ; either joy●●ly , or i●parately considered as to the meanest c●●m●n●r in england . and for their judiciall power in declari●g the law in particular cases before them , i conceive they are not , even in that , purely unlimitted , or absolut● : they a●e li●i●t●d , as to the laws wherein that judicia●l power is to b● ex●●c●sed ; the pe●all laws being in their own nature declara●ive , 〈◊〉 not the object of that powe● ; ●uch laws ought to be taken in the letter o●ely , not by consequence or const●uction , otherwise they should ●●pl●y a contradiction to themselves ; for b●ing who●ly declarative as they are p●nall , they should yet not be declarative , and its ●n undoubted maxime , that d●us non potest c●ntradictoria ▪ god himself cannot do things contradict●●y , and i hope parliaments are more mode●t then to challenge a power supreame to his . . the parliament is limited in their judiciall power , in declaring the law where laws may be taken by way of consequence , eq●ity or construction : therein common reason is also a law to these judges of the law . and for the parliaments power in executing the law , which is their power of imprisoning and censuring ●ffendors ; either they are to●ally subjected to the law , and ob●●eged to proceed according to law , or else they cannot judge men as transgressors . it s only then that men can be ju●ged transgress●r● , when by a measuring their actions by the laws , they are found to have walked contrary to , or swerved from the law ; but let it be observ●d , if the parliament cla●ms a power to imprison , as being ●●●r●sted to be executors of the law , then it implyes a contradiction , to say that power of theirs is above the law , or that they are not oblieged to proceed in every pun●ilio , according to the declared law ; for if there be the least abberration from the law in their censuring or imprisoning any man , they do not put the the law in execution , but execute their lawlesse wills . b●t i would inquire whether the parliaments imprisoning ●y m●● , be an act of their jurisdiction ●ver hi● ? if so , the●●● the name of that power be weighed 〈◊〉 , a declaration of the law ; n●w ●● implies another contradiction , to say that the parliament have ex●●cised 〈◊〉 ●●●●sdiction ●ver 〈…〉 imprisoning him above , ●nd 〈◊〉 unto law ▪ ●●ither can i● be he●e said that the particular order ●● parliament for imprisoning a●y man is a law , and so is 〈…〉 , ● declaring the ●aw for it is u●terly 〈◊〉 with ●●e nature ●● the legisl●tive power to be judge of what hath been do●● , and should it be admit●●● , that actions pa●● might be judged otherwise , then by the rules of distributive justice est●blished in a society of people o● kingdom , the very foundations of the society or kingdom were over turned ; for the compact or agreement of the people to in habit together upon such and such tearmes , and to be oblieged to deale each with other according to such rules ; this compact i say were ●ull , and the people were no more ● body politick , but a confused ga●hering together of people , every one without obligation to other ; and therefore the parliament reputed it a most unworthy scandall , when the king accused them , that they disposed of the subjects lives , and fortunes by 〈◊〉 own votes , ●●ntrary to the known laws of the land . * upon these grounds i shall presume to conclude , that a name is wanting to that aut●●●ity of parliament , whereby they imprison , o● censure any man , contrary to the laws in f●rce when his ●ffence is 〈◊〉 . and ●ow having helped you to the fi●st s●●a●e in the tra●gedy , ● could 〈◊〉 to withdraw , and secretly ●ff●r ●●era●e to the memory of englands freedome . however courte us r●ader ) let thy thoughts 〈◊〉 , and imagine si● . ioh● ma●●●●d lying ●●●mant in the ●ower ● weeks , 〈◊〉 wi●h th●chaines of ●●●●enant generall ●●omwels ●lea●u●e , but behold t●y ●a●ive liberties 〈◊〉 with him , and i b●seech the vi●w 〈…〉 s●me 〈◊〉 ; ●lse th●● 〈◊〉 speedily 〈…〉 . 〈…〉 c●s● , should be made a 〈…〉 may b● 〈…〉 of the ruling faction , 〈…〉 not what to answer the objections of you know not wh●● . . you may be 〈…〉 of y●ur own sword , i. ● . to 〈…〉 ●●rpasely to in 〈◊〉 you to 〈…〉 y●u ●ay be ●●● by 〈…〉 a 〈…〉 to a● oa●● fx● 〈◊〉 . . by th●● 〈…〉 you may be cha●●ed 〈…〉 a pretended 〈…〉 be st●pp●d ● as 〈◊〉 o ave liberty to 〈…〉 he best ▪ that p●●a sh●ll mee● wi●●deafe ea●e 〈…〉 your judges , and throu●● 〈…〉 lawyers brains , shall be ex●racted to compose 〈◊〉 , a●d 〈◊〉 with the name of a charge ; yet you shall not be admitted to have coun●el to open , and plead the 〈◊〉 and insufficiency of ●●e charge ; bu● judgment shall be pas●ed against you , without ●●gning , ●●b●ting ▪ or kea●ing the plea . . by this precedent you may be sentenced to the losse of your best f●anchises and freehold● ; your places of trust , upon a● affidavit that a single witnesse can be produced to accuse you o● a pretended crime● the very light of nature , which averts one man● dentall to be of as much validity , as one 〈◊〉 accusation . that light i say , shall be extinguished at the pleasure of the ruling faction , to make you an ●ffender , and bring you under their lash : and thus your lives shall be exposed to hazzard , at the pleasure of every malitious informer , though suborned thereunto by others . . by this precedent , your liberty and lives may be re●● from you at the pleasure of every person in power , a paper wherein no c●ime , ●er suspition of a crime shall be specified : shall be a warrant sufficien● for your imprisonment ; it shall be sufficient to say its 〈◊〉 will , that the body of such a one be detained in prison , and you shall scarce dare to aske for what offence . . by this p●ecedent , your imprisonment be it never so unjust , so 〈…〉 may be everlasting ; you may be a prisoner to the pleasure , or during the pleasure of those in power ▪ you may be aspersed or scandalized , and colourably committed into prison , and that must be your perpetnall mansion ; there your names and reputations must perish , and ●o doore of possibility shall be open to come to a legall tryall for your first vi●dication ▪ or d●liverance ; and this shall be the reason viz. ten are committed during pleasure : thus by the ma●●c● of the ruling faction , you may in a m●ment be dispoyled of a●● your comfort● by being a prisoner without hope unlesse you can please your enemies . o that every englishman would hea●ken to the groues of our dying liberties ! if the prevailing-faction be suffered to make much further p●ogresse in these paths of injustice and a●bittarinesse , there will be no ●●treat : they post on in their j●urney towards an obsclu●e d●minion , 〈◊〉 ●acilis cescensus averni , sed 〈◊〉 re●● ce●e●gradum hic laber hoc opus ●st ; who shall bring them back or obstruct their way , if we sit still untill their journey be ●ea● finished ? o that the daily subversion of our lawes might be discerned before all those hands of union and s●●i●●y be dissolved ! those measures and ●●●nctions of right and prop●rty be con●e●nded , and this quondum beautifull nation , become a rude deformed 〈◊〉 ! bel●●ve it reader , if sir iohn maynard peresh , or suffer in this illegall 〈◊〉 man●er ( suppose him the greatest ●ff●nder ) no man shortly shall have better evidence for his life , la●ds , or liberties , then the fav●urable aspect of the present aspi●●g faction . but if the impoding danger to your liberties a●d your in●ended v●●●age be not sufficient 〈…〉 . i shall give you a further acc●mp● , how near the 〈◊〉 is complea●ng , wherein the wils of 〈◊〉 mighty sword men , sha●l ●it as our supreame lords , makin● the 〈◊〉 of whom they please their 〈…〉 . l. g. 〈◊〉 a●d ●is adherents , seemed 〈…〉 for twenty w●●ks , with 〈◊〉 destruction of sir iohn mayra●d in his 〈…〉 , and 〈◊〉 , but then their ●●di nation boyled 〈…〉 strength against him , and his life must become a 〈◊〉 to their pl●a●u●es ; therefore a cabinet counse●l must be called , to adv●se the most expedient way to execute those 〈◊〉 , but it be●●g the result of the consultation , that no 〈…〉 , they resolved to preceed with ●●m ●s they ●ad be●●● ▪ according ●● their w●ls a●d pleasures : and therefore an accusation must be framed against him , whereof the law is ignnoant , they call it articles of impeachment of high treason agai●st sir iohn maynard and to convince the world that the strongest bands of law , cannot stand the edge of our champions swords , they appointed iudges of sir iohn maynard , as il●egall as the accusation , they transmitted his case to the lords barre . hereupon the lords directed a paper to the lieuetenant of the tower , commanding him to b●ing in sir iohn maynard on feb. . last past , the coppy whereof here followeth . febr. . . it is this day ordered by the lords in parliament assembled , that the lieuetenant of the tower of london , do bring sr. iohn maynard knight of the bath up to the barre of this house , on satturday the . of feb. to receive a charge of high treason , exhibited against him by the house of commons . and for so doing this shall be a sufficient warrant . to the gentleman vsher of this house , or his deputy &c. ioh. brown . cleric . parl. but it seems this gentleman was t●●ght by his sufferings to understand his ●wn a●d his count●ies freed●me 〈…〉 , ●hen ●t the fi●st encounter with his e●●mies : he was satisfied t●at the lords ●ad no 〈…〉 over the commone●s of e●gla●● , and therefore reputed himself ●bliged to give them a modest humble caution , not to subvert the fundamentall lawes of the kingdom , by ●s●●mi●g a power of judicature over him being a commo●●● , and for this purpose , upon ●●b . the th ▪ ●e d●●patched 〈◊〉 ensui●● letters . to the right honourable my singular good lord , edward earl of manchester , speaker of the house of peeres . my lord , i received an order in the name of this honourable house , whereby i am appointed to appear before you , to receive a charge of articles of high treason , and other crimes , &c. u●on which accompt , i have made bold to write these e●c●os●d lines , humbly desiring that they may be communicated to your house . sir , i am your lordships most humble servant , john maynard . from the tower of london , this . feb. . my lords , i am for monarchy , and upon all occasions i have pleaded for the preservation of the interest of this honourable house : but my lords , i being now summoned to app●ar ●ef●●e your lordships , for no lesse ( as i conceive ) then my l●fe , upon an impeachment of high treason , i am ( being a 〈◊〉 ) necessi●ated to challenge the benefit of mag●a c●a●t● , a●d the 〈◊〉 of right , which is , to be tried by a 〈◊〉 of my 〈…〉 of my own condition , by an indictm●nt , before the iudges in the ●rd●nary courts of iustice in westminster hall , who by the law of this kingdome , are appointed to be the administrators thereof ▪ a●d by the expresse lawes of the kingdome , i am not to be proceeded against ( for any crime whatsoever , that ca● be laid 〈◊〉 my charge ) any other way then by the declared and expressed rules of the known and est●blished lawes of the land , as is 〈◊〉 ●●●ly evident by the expresse words of the petition of right ( which being an englishman ) i chal●enge as my birth-right and in●eritance , and i rather presume to make this addresse unto this 〈…〉 h●●se , because i f●●de upon ●●cord , that in the case of sir sim●n de be●isf●rd , this honourable house have engaged never ●o judge a ●ommoner aga●n ; because it s against the law of the land , ●e not being their 〈…〉 . this i ●umb●y ●eave to the consideration of this honourable house , and take leave to rest . your lordships most humble servant . john maynard . toke● february . . but those lords whereof the house is now 〈◊〉 , not 〈…〉 deny ●●edience to the commands of the sword men and their c●mplices : pe●sisted in their order to the ●●cutenant of the tower , and sir ●ohn maynard was on feb brought to their ●atte , but a command was given , that the * door of their h●●se should be shut , and that no man should be 〈◊〉 accesse to hear : and though sir iohn maynards lady , children , and friends , pressed hard at the door , yet mr. f●●e gent●eman 〈◊〉 of the black rod , repelled them by violence ; hereupon sir iohn maynard●u●bly moved , that according to the practice of a ● cou●ts of justice , the d●●rs might be open , and all might have free accesse to hear the proceedings . but the speaker delivered the sense of the house , that ●● company m●st come in , before sir iohn maynard● charge was read . thereupon sir iohn maynard with reverence and respe●t ▪ bes●ught their lordships , that in respect to their own honour , the 〈◊〉 of the house , and that which was of more value then both , 〈◊〉 ▪ the preservation of the law , their lordships would permit all whatsoever to hear : it s a cause ( said he ) of ●igh 〈◊〉 ●t , for it involves the liberty of all the free-born people of england . and i beleeve your lorships cannot be ignorant what bookes , 〈◊〉 speeches are dayly uttered against you , as invaders of the peoples 〈◊〉 rights and freedomes : you are traduced to be a 〈◊〉 ▪ a councel-table , ●● worse : even a spanish inquisition , and that all things are carried by faction : al● the orders and commo● rules of just●ce bei●g dayly broken : ●ea it s said you exercised a higher● t● 〈◊〉 and more arbit●●ry power at present , then was practis●d by any others in the worst of 〈◊〉 ; but ( saith hee ) i have 〈…〉 severall occ●sion● to vindicate the hon●●ur of this house ; 〈…〉 lordships will pr●f●●●t your selves a court of 〈…〉 ; yet keep your doores shut whereas i hav● q●●shed such reports ) your lordships will ●●ake them truth and ●●●dent to a● the people . but as the lords had no ●u●idiction over him , so they wou●d 〈…〉 it to all men they would excercise no iurisdiction : t●●y would not declare the law concerning him , but their wil● : & so they kept dores shut , it may be they esteem themselves supreame to the stat ▪ of ma●●bridge h. . ●● : . which expresly saith , it s provided that all persons of all degrees should receive justice in the kings courts . i. ● . the c●uses of all persons shall be heard ordered , and determined openly in the kings court before the judges , ●here no man ought to be excluded or denyed free accesse , & the reason of this is imp●e , nable . first , all proceedings are only particular declarations of the law , it s intended that the law should be understood by every man and therefore it was ordained that magna chatta should be publikely read . times or twice at the least in every cathed●●ll &c. and of ould the kings writ issued out at the end of every parliament to the sh●e●ffe of every countie commanding him to proclaim and publish all the acts made by the 〈◊〉 . in all places throughout his bayliwick : and to this purpose records are kept of the proceedings of the courts of iustice , that they might be visible to al men ; for laws not promulgated or declared are no lawes . therefore the deniall of free accesse of people to any court of justice subverts the very being of the lawes as much as is possible to such a court . . the just and prime rationall ●nd of proceedings against offenders is subverted , when theire proceedings are not as publike & open as possib●● ; he punishment which the law ordain to be executed upon offenders is not the end of the penall lawes , but for the peoples profit ● that they by the cogniz●●ce of the matter and manner of their offences might more clearly distinguish between good and ev●l● , and know how to order their wayes without occasion of off●●ce to t●e sta●e ; a●● als● , that the j●st 〈…〉 their transgressi●ns may 〈…〉 inclinatio●s of ot●●ers to the 〈…〉 that of sene●a ad vindictu●● 〈…〉 and that 〈…〉 ren●●●●i en●m 〈…〉 . w●●ug●t not to co●● to t●e 〈…〉 as to matter ●f d●●●g●t , but 〈…〉 man pu●●sh 〈◊〉 beca●se the law is tran●g●●●●●d , 〈…〉 not be transgressed , & d●●b●les it is ●epugnan● to the na●●●e of man to b● satisfied in inflicting punishment upon any man as it is pun●ish●ent ; but the b●ames of iustice shou●d be totally ●clipsed , if courts of iustice should be permitted to be priuate in their proceedings . . an us●full medium unto i●stice and regular proceedings is re●●cted when proceedings against ●●all or supposed offenders are not publike ▪ any learned man saith sir edward co●ke in parts ●nstitutes p. that is present may inform the court for the b●nefit of the prisoner of any thing that may make there proceedings 〈◊〉 , and is i● n●t necessary then that all men should have free accesse to courts of iustice that there may be the most perfect means to dispose it imp●rtially ? answerable to this reas●n is the custom of england : all 〈◊〉 of iustice ever have been ●eld op●nly and publikely , as appeares by all courts in westminster , a●d all assises an● sessions wherein all off●nders have open ●ryall . it s 〈◊〉 to n● f●ld the misc●i●●s that might ensue in case an●court of ●ustice shou●d be permi●ted , to proc●ed against any off●nder priva●●ly with their d●o●es shut : no man should know but the cour● themselves , wh●ther either law , or will were p●t in executi●n ; wh●the● 〈◊〉 ●ccused , were gu●lty or innoc●n● : the o●ficers o● a 〈◊〉 might exercise what 〈…〉 , they might extract 〈◊〉 of c●●mes f●om them by terrours and to●●ures , 〈…〉 them for triuiall ●ffences : n●●an could t●y whetne●c●ns●res w●re p●op●rtionable to their cri●es . b●t though sir i. maynard deservs in my opinion re●pect ●nd assistance , for vindicating this liberty of england ▪ that all courts of justice should be open ; yet i believe it will be found upon due examination that he was in a mistake , i● he suppo●ed the lord●●o be a court o● just●ce in any re●pect as to comm●ners : and it may be ▪ the lords dep●●●ment shall evi●●● this ; they w●u●d n●t assume to them el●c● the forme or appear●nce of a court of justice by s●●●ing openly ; but to proceed to the narra●ive . sir iohn maynard standing as a prisoner at the ba● , the speaker re●●manded h●m to kn●el and hear his charge . but sir iohn understanding tha● kneeling at t●ei● bar , either according to re●●on ▪ or the custome ▪ w●uld ●ave been a 〈◊〉 , that he stood as an ●f●●nder be●ore hi● judges upon his tryal● , he re●u●ed to kneele and with all humil●ty answered thu● . i am prostrate at your lordships feet in respect of ●our persons , but if i should kneele to he● an impeachine●t from th●● h●use . i should acknowledge my ●●●fa d●li●quent under your ●urisd●●t●on and through me , the liberties of all the commons of ●ngland wou●● be wen●ded and destroyed : by the law of the la●● ▪ every free man ought to be tryed by his equals ▪ and not ot●erwise ; and this your lord●●●p● pred●cessory co●fessed in the case of sir simo●●e be●e●ford ; 〈…〉 king ed. . h●re ●●●nno ●u● ob●erve how the common● of england 〈◊〉 i●g●ged to sir iohn maynard , for v●ndicating this ●heir fundamental●●●berty , t●at the lords have no jurisdiction over c●mmoners : had n●t t●e lords r●c●ived a repu●e in this assault upon england● 〈◊〉 ●hey had taken all our liberti●s c●ptive ▪ and the name of 〈…〉 england might have been u●●erly abo●ish●d ; 〈◊〉 the 〈…〉 shew my wishes of pr●●perity to ●●r ●o●n maynard i● t●●s g●ll●nt 〈◊〉 , and t●ough i care not trust so great a cause , up●n ●e p●tron●ge 〈◊〉 rude a p●n ▪ yet i hope the world wi●l ●ee by m● weak es●ay , to prove the lords have no jur●●d●ct●●n over c●mmon●r● ▪ ●nd that a ●ull stream of reason and justice tuns on sir iohn maynard si●e . now for the c●●arer u●●●rstanding thema●ter in question ▪ i shall pre●●●e two or t●r●e th●●gs . first it is an 〈…〉 maxime , that the esta●es , liberties ▪ and fi●es of the peop●e o●englan● ▪ ou●●t not to be dispo●ed o●●●en rary to the esta●l●shed laws of the l●nd ; this you shall find averre● by the act made this pre●en● par●●●o abo●ish●ng the star-chamber , is ▪ that they had n●t 〈◊〉 themselvs to the poin●s limited by the stat● of ● . . h. . from w●●nce they had their power , but pun●shed where no law did warrant : and that was the reason that was rendered for the abolishing the counceltable ▪ viz. that they had determined of the estates and liberties of the people contrary to the law . now the estates of the people are disposed of contrary to law two wayes , . either , when they are disposed of , or judged by persons not authorized thereunto by law ; or , . when they are disposed of by an illegall judgment , passed by legall judges . so then all persons judging the commons of england must have a juri●diction over them by vertue o● some law ; and who●oever submi●s to the cen●ures o● , or try●ls by any other , becomes gui●ty of the hig●est treacher● against englands freedome . all legall ●uri●dictions over the people are either primitive or derivative and delegate● powe● by comm●ss●on from the pr●mitive : beware hereof confounding jur●sdiction with the ●e●islative power : jurisdiction be it either derived from jus & d●ctio , or as sir edw. co●●e will have it from juris 〈◊〉 ● . c. the power of the law , yet it s properly a declaring of the law ▪ or a putting laws established in execution , & doth not include the making of laws . now the primitive jurisdiction is undoubtedly in the people , all just power either legisl●tive or jurisdictive , to make or execute laws was scunded upon a compact with them , all men being by n●●ure equal each to other , and the supream derivative jurisdiction resides in one or more persons , which most immediatly represent the people and are entrusted with their power . now if any persons should be permited to assume to themselvs a jurisd●c●ion , notwithstanding all the various jurisdictions of courts would be con●ounded , and no security would remain to the life or ●ib●rty of any man . this pr●m●sed ▪ i a●er ▪ that the lords have no just commission to exerci●● any jurisd●ction ●ver commoners in ●ny case whatsoever ; there is none to pass● such a commission , but eit●er the people immediatly , and i suppose none will plead , that the l●rds were ever elected by the peop●e , and a compact passed , that they should exercise such or such juri●d●ction over them ; or , . such a commission must p●s●e from the deputies of the people in par● ▪ and then it must appeare by ●●me act of par● f●r which ●here is no co●ourab●e plea , as i shal presently cleer : as for the king ▪ its indisput●ble tha● it transcends his power to give them a commission ●o exe●ci●e the least juri●d●ction : the esta●es , liberties , and lives of the people must be disposed of by law ▪ which i● , by courts estab●ished by law , and according to the law ; and it s confessed on all hands , that the k●ng cannot make lawes , and therefore cannot impower any with a jurisdiction over the peo●●● 〈…〉 to proceed then to proofs , th●t such a jurisdiction was never given to t●e lords by parl. that of m●g . charta may suffice for all , c. it s said . no freeman shall be taken or impri●oned 〈◊〉 ●●sseised of his free hold 〈◊〉 li●er●ies or customes , or 〈…〉 or exi●ed ▪ or any wayes destroyed ▪ nor we will not passe● on him nor c●ndemn him but by the law●ull ju●gment of hi● 〈…〉 the law of t●e land . b● the jud●ment of ●is peers is h●re mea●●●●e verdict of . of his equals , and observe the latitude o● this , ● ex●ends to a●l cases whatsoever ; not only to cr●minall ca●es , but ●o a●● ca●e● o● con●rover●e ▪ about me●m ●● tuu● ▪ all is co●t●●n●d u●der be ●● words free-folds , l●berties , ●r free-cu●tomes : whatever any man p●ssesse its to be comprehended under the n●●●●n ●f free ●o●d . or a liberty or free-hold . and yet i● this shou●d seem de●c●tive , ●●e n●xt word● would supply , if we will not passe upon any man neque bimu● n●que m●ttem●● &c. ●aith the latine ▪ that is , nei●her the king nor any justice , or c●u●● ▪ shall try any ●ree men but by his equals : ●o that by law , the lords are totally excluded ●rom intermedling with the tryal● of any commoner in any case w●at●oever . and to his agrees the statu●e of . ed. . c. . ed. ● . c . and there are 〈…〉 s●a●utes in force , ●ew in print ▪ enacted since magra charta which ordains the tryall of all commoners to bee by the●● equals on 〈◊〉 and t●e same charter , and many of those statutes particularly are confirmed by the pe●●tion of right ▪ car. and by the acts in d● this ●re●ent parl●ament for the a●ol●sh●ng the star chamber , and 〈◊〉 ●a●le , n● the ●an●n lawes ; so that whilest those laws re in force the lord house is incapable to be made iudges of any comm●●er . but it se●m●s this liberty of the commons of england was sometimes invaded ●y the lords and sir e. cook . part of inst. ● . p. , ●ai●h , that i● w●s enacted at the 〈◊〉 of the lords ▪ that herea●ter no peeres should be droven to give judgment on any other● then on their peers according to the law and he cites rot. parl. . e. , ●● . . ma●ntaine his asser●ion , and it s recorded in . e. . rot. in sir s●mon de bere●●ords case , who was adjudged as an accessary to roger mor●imer , in the murder of king ed. in these words . the precedent . and it is ass●nted an● a●r●ed by our lord the king , and all the gra●●ees in 〈◊〉 pa●●●ment ▪ that albeit the ●aid p●●r● as ●udges of parliamen● took up●n 〈◊〉 in the presence of ●ur lord the king , ●● make and given 〈…〉 by the a●●en● of the king ▪ upon ●●me of ●●em which were not their p●●rs , and by ●eason of the murther o● 〈…〉 ●ord a●d ●●struction o● him , which was so ●eere of 〈◊〉 r●yall ▪ and ●on of a kin● ▪ that therefore the 〈◊〉 peeres which 〈…〉 be not bound , orcharged to give judgem●n● upon o●●ers , 〈◊〉 their peers , nor shall do it but let the peers of the land 〈◊〉 power but of that for ever they be discharged and 〈…〉 judgment ●ow given be not drawne 〈…〉 for the time to c●me ▪ by which ●e said 〈◊〉 ●ay ●e charge 〈…〉 to judge , others then their peeres , aga●nst 〈…〉 of the land ▪ ●f any suchcase happen . now 〈◊〉 hence ●● may ●e collected , that it was against the law of the land for the lords to ju●ge a comm●ner in any case whatsoever , and 〈◊〉 they were again b●●rd by their own 〈◊〉 ne●er to judg any 〈…〉 for sir ▪ 〈…〉 a that was ●n●●ted . but 〈◊〉 the law were 〈…〉 as to the l●●ds 〈…〉 can 〈◊〉 any juris●●●● 〈…〉 not receive it as a trust 〈…〉 which 〈…〉 a juri●d 〈…〉 them , ●nd a● yet ●● never 〈…〉 law that ga●e th● 〈…〉 to the●r practi●e . but 〈…〉 at the lords●re the supream c●ur● of ●ustice in ca●es 〈…〉 ju●gmen● or ca●es of 〈◊〉 and 〈…〉 by act of par● by 〈…〉 th●● the author of 〈…〉 upon 〈…〉 sir 〈…〉 lords i 〈…〉 &c. and it may 〈…〉 th●t the lawes whereupon 〈…〉 of their 〈◊〉 ever him in criminall causes , ●ever made such a distinction between causes criminall and civil ; ●nd that in case 〈◊〉 l●wes were invalid to exclude them from exercising any 〈…〉 of ●rrour , and which conce●●es the ●ree●olds and liberties ●● commoners then they are also invalide to restrain their exercising jurisdiction o●er him in cases criminall . but because the stat● of ed. . c● conceived to be ●h● b●sis of the lords jurisdiction in cases of erronious judgements , ●del●yes , &c. i shall un●●ld the meaning of that statute . that stat● orda●ned that a 〈◊〉 ear●●s●● b●rons ▪ should bee ch●s●n to receive commissions from 〈◊〉 king to ●e are the peti●●ons of those where ca●●●s w●r● d●●lar●d in any 〈◊〉 , ●o that no judgement could ●e obtained and to in●uire 〈◊〉 jus●●ces of any court the reasons of such de●ai●s and by the advice o● t●e ●ustices of ●oth ben●●es t● 〈…〉 and give judgement , and remand the cause ●o the ●ustices , to execu●e the ●ai● judgement 〈◊〉 , & if the case be 〈◊〉 it is to be transf●rred to parliament , that those 〈◊〉 were thus chosen by parliament to prevent de●ayes of judgement should 〈◊〉 onely 〈◊〉 one parliament until 〈◊〉 & ther●fore p. a. b b of 〈◊〉 the earle of 〈◊〉 ●● 〈◊〉 & the lord 〈…〉 were then 〈◊〉 & ord●●ned to cont●●ue ●nti●l the n●●r parliament hereby it appeares this statute gives the house of lords no power to 〈…〉 in cases upon ●●its of 〈◊〉 ●●ither d●●h it appeare that this sta●u●● 〈◊〉 been observed ▪ 〈…〉 parliaments have ever 〈◊〉 ●●at time chosen 〈◊〉 ba●ors ●● hear petitions in cases of 〈…〉 judgement ▪ ●ut the law hath provided that all the iustices , ba●●●ns of the 〈…〉 being of the ●rd●r of the ●uoi●● ▪ or else the lor● 〈…〉 and lord 〈…〉 either by a speciall wr●● 〈…〉 determine 〈…〉 to be passed , this is the 〈…〉 . el●● . ▪ a 〈…〉 would 〈◊〉 , ●ow that 〈◊〉 of the lords jurisdiction 〈…〉 upon this statute . . 〈…〉 judgment ▪ 〈…〉 lords ●●use , are so much as 〈…〉 statute . . t●e 〈…〉 ord●●ned to be c●o●en ▪ to he●re petitioners in cases o● 〈…〉 judgment , were to be c●osen by the parliament . . 〈…〉 if the case wherein judgment was 〈◊〉 were 〈…〉 lords should 〈◊〉 it unto the next parliament . and as for the statute of ● of e●iz : c. . which th●y say , confirmed ●●e stat . of ● . ea. ● . the very first clause says thus ▪ forasmuch , as erroneous judg●m●nts given in the court called the kings . ●ench are onely to be re●●rmed by that high c●u●t of pa●i●men● . &c. and then it makes that provis●ion which i mentioned be●●re , by a wri● of errour from the chancery and yet it leaves ●ha● plan●●●e at libe●●y to ●ue●n the high court of parliament to rever●e the 〈◊〉 iudgement , and so ●e stat of ● . d. c. . al●o conc●ud●s , and sir ed. 〈◊〉 ▪ in the same place part i●st p : ▪ where he a●●owes the 〈◊〉 ●o have ●urisd●ction over ●ommoners in cases of er●oneous iudg●m●n●s , and saith thus , a party grieved upon a petition to the king may have a writ of errou● directed to the chiefe iustices of the kings-b●nch for removing the errour i●to the present parliament and he pr●duceth 〈◊〉 president in these words : the bishop of n●rwich , ●●●weth that an err●neous judgement was given against him ●o the common plac● f●r the arc●d●co●ry of norwich , belonging to his presentation ▪ an● prayed that ●hose errours might be heard ▪ and redres●ed : ●n answer was ma●e that by he law errours in the common place are ●o be corr●c●ed in ●●e kings . bench ▪ and of the kings bench in the parliament ▪ and ●o otherwise : now i desire any lawyer to informe me , whe●●er acc●rd●ng to the custom of england the hou●e o● lords be ca●●ed the par● of e●gl . or what is done by them , can be ●a●d to be ●one by par●●am ▪ ●ut you may observe how learned sir edward coo●e , contra●●●t● him●elfe , when once he forsakes the rule of the law ; and now i suppose i may co●clude there is no wri●ten law auth●rizing the lords to take c●gnizance of any case of commoners whatsoever and if s●r e● : ●ooke , say true . part lust . see . ● . p. that in case a ●●ry commeth out of a wr●ng place or re●urned by a wrong off●cer , and give a verdict , iudgement ●ught not to be given upon ●uch a verdict , then much better i might conclude , ●hat all the judgment of the lords passed upon commoners are ●u●l in themselves . objection . but it will be yet objected that by custome , the lords have a juri●diction over commoners , and that both in cases of erro●●ous judgements , and also in criminal cases . answ. . there is no legall custome for their exerc●se of that juri●dict●on , there are two things essential to a valid custome ▪ . 〈◊〉 ▪ time ▪ yet that time must be such whereof there is no r●●m●●y of man , ●as c●ok saith ▪ . part d●●stit . p. . and the usage must be peaceable end without interruption , but both these are wanting ▪ for i●s within the memory of man ▪ that the houses were divided and ●he● the lords had no such juri●diction . the lords being a house by themselves , was but since king richard the first ( but more pr●o● of this in some other trea●ise ) and i●s evident by the precedent of sir 〈◊〉 de ber●sfords case , that the lords have beene interrupted in their prac●●●e of judging commoners . answ. . suppose there were custome , yet there is not the same reason , that 〈◊〉 should inves● any with a power of jud●cature as that it should be a title to any liberty pertaining to a town or an inheritance ▪ &c. if long usurpations of power should make the exercise thereof legal●● the very ●ounda●i●n of just government were subve●●ed . answ. . but ●ur●her , no custome that is against an act of parliament is valid in law ▪ and it s proved , that the lords exercise of jurisdiction over commoners , is against many acts of parliament ▪ there may be fifty found con●●●ming each other . answ. . customes are only valid , when rea●onable ▪ co●k . part ●nstit . p. ▪ that any customes how long soever it ●ath continued , if it be against reaso● , it s of no ●orc● in saw ▪ and pag . ●e saith ▪ nothing that is contrary to reason is consonant to law , that o●vlpia●● l. . 〈◊〉 unquestionab●● , quod ab 〈…〉 est , &c. course of time amends not that which was corrupt in ●●s originall . now that the lords jurisdiction o●er commoners , ●s di●con●●nant to equity and reason , i suppo●e sir iohn maynards protest that followes , will evince to minde ●ree from prejudice , yet this i ●hall here add . that the ●aw of nature abhors the i 〈◊〉 claime to a juri●d●ction over all the people of the land as unreasonable . . ●●s repugnant to the law of nature , that the judgment of the law and of the guilt and innocency of persons should be comm●tted to any number of men , withou● a di●cretion o● 〈◊〉 ▪ or any judgment passed upon them whether they b● capa●●e or 〈◊〉 of the place of judgment and this is the case o● the 〈…〉 most of them at least ●it in that house ▪ becau●e 〈◊〉 were 〈◊〉 ●f patents ▪ wh●c●●ad p●ttents for b●●onies ▪ ea●ldom● , &c. from the 〈◊〉 and no pr●●●tion ever made of their sutablenesse or unsut●blen●sse , and the laws of the land seeme also to 〈◊〉 this , sir edward 〈◊〉 part . i●st ● pag. ● saith . if an office either of the grant of the king or subject which concerns the administ●●tion proceeding , or execution o● 〈◊〉 , and b● gran●ed unto a man that is unexp●●● , and ha●h 〈◊〉 of science to execu●e the same , the grant is m●erly void in law . is it not indeed irrationall , that any person should be consti●ut●d a ju●ge over the people blind sole ▪ before 〈◊〉 poss●●le to know whether the●e will be honesty 〈◊〉 wisdome in him 〈◊〉 for judgment . ● . i●s repugnant to the law of nature that any number of men and thei● po●●erities should be constant judges of the guilt or innocency of wh●m they please , or of a●l the people ●n a 〈◊〉 : if this wer● gr●nted can it be avoyded , but they mu●t be frequently ●u●ge● and parties and this is directly included in the lords claime to a juri●dicti●● over commoners ▪ and expetience gives cleere test●mony to this , in sir ●ohn ma●●ard● present case ; for the major part at●east of the present hou●e of lords subscri●ed an engagement at 〈◊〉 heath , to joyne with the army against the city in that unhappy diff●●●nce , and yet they would be the judges of sir ●ohn , who they ●ay i● guilty of treason , ringaging against them and the army at that time . . i c●u●d say the written lawes of god ab●●rs the manner of the lords claime to a ●uri●d●ction over common●●● , they will not submit the 〈◊〉 to be ●●●yed ●y commoners , and ●o do not to others , a● they would the●●hould do to them . therefore i may conclude that the common law of ●●gland , the ●nwritten and written law of god , declares this custome ●●ll in law . answ. but ●●rch●r , custome in this case cons●sts onely of many acts of judicature , which the lords have exercised over commo●ers , and àfacto ad jus non valet argumentum , because they have usurpod a power , therefore they may continue their usurpation , is on good argument : yet it may be further said , that all their judgements passed upon commo●ors before this present parliament were ●ulled by the acts of parliment made in . car. for the abolishing the sta●●e-chamber , and counsell table , wherein magna charta and the stat. of . ed. . and the petition of right , . c●r . and other statutes were confirmed , which declare , all judgements that are passed co●ta●y to the te●●re of magna charta to be holden for ●ought , and by consequence the ●ords are de●oyd of all pres●de●ts also for exercising a ●urisd●ction over commo●ers , unlesse they produce those made si●ce the war , wherein the voice of the law could not be heard for the noise of the drum and sou●d of the t●●mpet . now from all these considerat●ons i shall presume to collect this conclusion , that the house of lords are ●o court of justice , as to the commons of england , that is no place where justice in any case whatsoever is to be ministred to them , and whoever adheres ●ot to this gentleman in defending the l●berty of england , and eppos●●g the ●ords in this attempt to be●eave us of our bi●●hright , shall never deserve in my thoughts to have his name written in an english chronicle : but to returne to my intended narrative . notwithstanding sir iohn maynards deniall of the lords jurisdiction over him , they would proceed , and the speaker commanded the clarke to read the charge and sir iohn to kneele , and the clark began 〈…〉 alo●d . articles of impen●hment against sir i. maynard , &c. but sir iohn interrupted him saying . i except against the first word articles , there is said he but two waies for the triall of a ●●ceman for his life in england , the one by bill of attainder , the other by indictment at the common-law , articles are nothing in law , and so i am content to hear the charge , so the word articles may be expunged , and the word nothing inserted , that it may be ●ead thus , nothing of impeachment against sir iohn maynard , &c. then the speaker asked him whether he had seen the articles , and he told them he had seene a copy of them a moneth since , and that he observed that the eight articles were the same , mutatis muta●tis , as the french proverb saith , sel a tout th●no● , one ●●ddle for all horses . and he said further , he was perswaded that those that drew them knew there was never a crue word in them , onely a ●●eer piece of reason of state , yet said he , all my ambition is to be tried by god , and my countrey , by a jury of my equalls at the kings bench-ba● , in pic●a caria : obse●ve reade● how faithfully sir john adheres to the publike interest in every particular , and note how his enemies seeme to abhominate the rules of distribut●●e justice , they will not afford so much justice as a lega●l accusation , but such judges such an accusation : this that sir john here claimed is a piece of justice so obvious to every v●lg●● eye , that i need not say more then was said at the barre by him : who knowes not that the statute of . ed. ● . & ● . ed. ● . saith , ●o man shall be tak●n , &c. but by presentment or indictment . &c. but i must tell sir john that in my humble opinion he was mistaken in ch●● , that according to the law a freeman should be tried b● bill of a●t under , that is no ●●●ll but rather a sentence , and it is no act of jurisdiction , but an act of the legislative , ●ower , and in my humble opinion no sentence can be pasted against an offender , but by some rule or law of which the offender either actually had or might have had knowledge : the law saith , invin●ible ignorance of the la● excuse● a toto from the whole offence ; but surely then no judgement can be passed justly upon any man by a law that was not in being when his supposed offence wa● committed , in that case though the fact were in it selfe evill , ye● it were not judicially ●vill , if no law in ●●e nation wer● extant against it , and so ●y consequence a law to punish a person in that case were a law to destroy an innocent man . and whosoever shall duly weigh the law-giving power shall ●nd , that the ess●ntiall property of that power is to respect things de ●●t●ro n●n de pr●terito , actions that are to come , not past ; but more of this upon another occasion which i now for brev●ty sake omit . but the lords still importuned sir j. ma●nard to kneele and ●●an his charge , and thereupon he removed from the barre into the middle of the room , and kneeled down and prayed god to blesse the lords and keep them from incroaching upon 〈◊〉 liberties of the commons of england ▪ &c. after that he told them , the people observed their lordships were indulgent to their owne members , and therefore ●e prayed them there might be no partiality , precipitation , nor anticipation of justice . hereupon they commanded him to with-draw , and he was fined . l. upon a pretence of a contempt of their house , observe reader , how the lords proceed to devoure the commons at their pleasures , here is a commoner fined . l. for contempt . i wonder what law defines this contempt , or who knowes of a law against it ; if there be no law describing this pretended crime and the penalty , then there could be no transgression not any punishment , and being there is no law defining such pretended crime , if the lords may say they are contemned when they will , and punish as they will , they may say to stand one leg before another , or to looke in their faces is contempt , and then fine a man to the value of his whole estate , and th●n why should english-men arrogate any longer the name of freedome to themselves , let them give their 〈…〉 to the lords to be b●●●ed , that they may be knowne to be the lords 〈…〉 . after this they called in sir john againe , and offered to condition with him , but he told their lordsh●ps , he would not so forget his duty , as to make bargains with their honors , neither would he prejudice the free people of england in their lawes and liberties , for all the treasure of the kingdome , but he would willingly sacrifice himself for the preservation of the law . but yet againe the clerk began to read the impeachment , and sir john told them , he observed the lawes ●●n every day broken , and trampled to dirt , and he thought it could portend nothing but slavery , and he made his obeysance , and withdrew to the doore to go out , and protested against all their proceedings as illegall and arbitrary : thus being remanded to the tower , he drew his protest against their jurisdiction over him in writing , and sent it to the speaker in a letter , the copies here follow . to the right honourable my singular good lord , edward earle of manchester , speaker of the house of peers : these . my lord , your lordship may please to remember i was before you at your barre , upon the ● . febr. last , where i demeaned my selfe with all duty and respect to your honourable house , and did zealously and cordially expresse my selfe for the just interest of your house ; but being perplexed at the illegality of your proceedings with me , i was thereby forced and compelled to protest by word of mouth against both the matter and manner of your proceeding : but in regard your lordships were pleased to order me a new to appear at your bar , upon saturday next being the . of febr. . i am necessitated with all humility and respect unto the just honour of your house , inclosed to send ●ou my plea and protest under my hand and seale , which i humbly intreat your honour to communicate unto the house of peers , this being my ultimate resolution , with which i humbly subscribe my selfe , my lord , your honors devoted servant , john maynard . from the tower of london , . febr. . the humble plea and protest of sir john maynard , &c. sent unto the house of lords , feb. . . my lords , i am now aspersed with treason , but i should really contract the guilt of treason against my countries liberty , and ●ender my name infamous amongst the commons of england to posterity , if i should regard your articles of impeachment , a● an accusation to which i am bound to answer . if i were justly to bee suspected for treason , there could be no legall just proceedings to bring me to my answer , but by ●ndictment of good and lawfull men , where such supposed treasonable deeds were ( a ) d●ne ; and although i were legally ind●cted , the case comes not under your lordships cog●●●ance ; but seeing i am a commoner of england , by the establ●●●●d lawes of the land , my t●●all ought to be by a iudge or iustice , and a ●ury of commo●er● , and no ( b ) otherwise ; and as the 〈◊〉 of those lawes was , that all trials might be equall and unpart●●● ; so they are fo●nded upon these impregnable grounds of reason and equity . 〈◊〉 , the iury are to be of the neighbourhood where any crime is 〈◊〉 , and some ought to be of the same hundred ; for the 〈…〉 , that such may have either some cognizance of the fact , 〈…〉 some circ●mstances thereof , or of the party accused , wh●●● condition and manner of conversation is much to be regarded , for the discovering his intention in any fact supposed to be 〈◊〉 or ●●lony , &c. and the rule of the law is ( c ) a●●us non 〈…〉 rea . . the 〈◊〉 that passes upon any commoner one day , may themselves bee in a condition to bee tried by him another day , as one of their iury : and hereby they are bound to indifferency and impartiality , considering it may bee their owne case . . the party accused may challeng or except against the iurors ; other against the ( d ) array , if the sheriffe or bayliffe impanelling the iury , bee not wholly desingaged and indifferent , as to the cause : and the party prosecuting , or against the polls ; and in case of treason hee may challenge peremptorily upon his dislike , without rendring the least cause , and as many more as hee can render any reason for his just challenge , as in case he can challenge any for a baron or lord of parliament , or for defect in estate or other abilities , or for disaffection or partiality , or for any infamous crime , and hereby the judges of the fact for the party accused , may certainly be indifferent , equall and impartiall . . the matter of fact is onely intrusted to the jury , and the matter of law to the judge , for the preverting all errors , confederacies , or partiality . . the iudge is sworne to doe justice to all according to law , without respect of persons , and the iury are sworne to find according to then evidence . now from every of these , the injustice & illegality of your lordships claime , to be both iury and iudges in the tryall of me , or any commoner , is clearly demonstrable . your lordships cannot be of the neighbourhood where the crimes of all commoners are committed , and cannot be presumed to have any cognizance of the facts , or parties offending ; neither do you allow your selves to be tried by commoners , so as to be bound to indifferencie and impartiality , from the knowledge that the commoners whom you would try , might possibly be of a jury for your triall in a short time ; neither can my selfe , or any other commoner whom you would try , challenge in the case of treason thirty five of your house , for your whole house amounts very seldome to that number ; neither will you allow me to challenge any one of your lordships , though i should alledge disaffection , partiality , or that he is an ingaged party , or prosecutor , secretly or openly : neither at present is there any lord high steward , or lord high constable amongst 〈…〉 , to be judge in matter of law , while others should be judges in matter of fact : neither are your lordships sworne to ●udge according to law , or in matter of fact according to evidence . having therefore such infallible euidence both from the statute and common-law , that i ought to be brought to answer to any supposed crime ▪ onely by indictment or presentment of my equals , good and lawfull men of the neighbourhood where the fact is done , and that my triall ought to be by my equalls , and a iudge of the law in open court ; and that the cogni●ance of any crime whereof i am suspected , pe●taines not to your lordships : i am resolved never to betray my owne , and all the commoners liberties , nor to cons●●t to the subverting the fundamentall lawes of the kingdome , by submitting to a t●●all by your house , or to answer to your articles of i●p●a●hment ; but i do● hereby protest against the forme of ●●ur accusation as illegall ▪ and your lordships l●●sdiction over my selfe , or any commoner of england in criminall cases , as b●ing destructive to our fundamentall rights and l●berti●s : and i do● hereby claim the benefit of magna charta ▪ the petition of right , and all other established lawes of the land , which this honourable house , the house of commons and the army under his excellency sir thomas pairsax's command , in all your and their declarations , remonstrances , protestations , oaths and covenants have promised , vowed , and declared , you will maintaine and pres●●● . john maynard . notwithstanding this protest , the lords issued ●orth an order to the lievtenant of the tower , to bring sir iohn to their barre upon ●●br . ● . and upon the receipt of a ●●p●e thereof from the lievtenant ▪ sir 〈◊〉 sent this ●ns●ing salvo to his liberty , in p●rsuance of his pr●test against the lords jurisdiction over him . to his honoured friend c●l . ti●hburne lievtenant of the tower . sir . i received a paper from you , seeming to authorize you to carry 〈…〉 the l●rds house , to answer to a charge : and 〈…〉 to inform ▪ you hereby , that my p●r●on ought not 〈…〉 or d●s●●●bed , at the pleasure of any man . 〈…〉 obedience to the commands of any , which are 〈…〉 ther●fore in ●ase you intend to dist●rb me on 〈…〉 to see a ●●●all warrant from some person or 〈…〉 over me ●n case of a 〈◊〉 or 〈…〉 and i m●st 〈…〉 you , that the lords have no legall power to summon me to answer to any crime whereof i am ●ccused or suspected ; and therefore you must expect to answer 〈◊〉 whatsoever injury you offer to my person : and know hereby , that i shall not volunta●ily go from hence to westminster by vertue of the paper received , but shall only quietly suffer you to carry me whither you piease , if you shall send force which i cannot resist . your friend and servant . john maynard . from my chamber in the tower of london , feb. ● . . but the lords persisted in their order to the lievtenant , although this was sent to them , and debated in their house , and upon febr. . sir iohn was brought to their barre , and the speaker pressed him urgently to kneel ; but be s●ewing them as much civill respect as could be desi●●d , refused resolvedly to kneel ; then the doo●● be●ng shut , the speaker asked him whether he had brought his answer ; he answered , he was accused of treason , and could obtaine no counsell , and therefore desired time , that counsell might be assigned him : hereupon he was commanded to withdraw ; but before withdrawing , he ●old the speaker ▪ he hoped he should not be taken pr●co●sesse , for ●ather then so , he would p●t in his answer presently . after withdrawing he was presently called in , ●nd fourteen dai●● time appointed , and m. he●●e , m. ha●es , m. walker and m. king , appointed for his counsell . now i cannot 〈◊〉 observe one desperate mischief ▪ by this pretended court keeping their 〈…〉 they have caused an infamous report to be ●●●●ted abr●●d , that sir 〈◊〉 maynard had now d●serted his protest against their 〈…〉 may be they will the n●xt time report th●t he hath confessed h●mself guilty of treason : ●t's time to se●k for s●●ndalls ●o s●pport their 〈◊〉 int●rest . but i hope no 〈◊〉 man but understands the reason of s●r iohns taking time and counsell ●o answer : every one by law must plead to those before whom he 〈◊〉 accused , or els he is to be taken pro 〈◊〉 , and j●dged accordingly : but every one accused may plead to the jurisdiction of the co●rt , or to the matter of fact , and a plea against the jurisdiction of the 〈◊〉 put in formally ▪ prevents the former mischief ; and therefore sir j●●n must put in a sonmall answer , though it be nothing b●t the substance of his pr●test ; and i bel●●ve the lords shall know , that the gentleman scornes to be a po●●tion , and betray his count●●ys freedom● into their hands . now oye commons of england , behold the foot of your ●iberties in the grave ; this gentleman endeavours to redeem them , if you assist him not , i beseech you consider , how you may be tried for your lives in the lords chambers , with doores shut , if they please , that there may be no witnesse of their arbitrarinesse and injustice . you shall have the lords depraved wills , not the lawes , the rule whereby to measure your wayes , and punishments . you shall be accused , without the least legality , at their pleasure , yea you shall be judged for a new-found crime , and destroyed in your estates without bounds or limits ; yea those nerves and ligaments of the kingdome , the lawes , shall be cut in sunder , and what then shall ●ny man call his owne ? now were it not that i abhorre animosities ▪ and emulations , i would compare sir iohn with l. g. cromwell the causer of his i●peachment ; i onely wish , that any admirer of that gentleman , would discover wherein he ever maintained so faithfully so many liberties of england , as he hath caused to be trampled in the mire in this case of sir iohn maynards , only to fulfill his malicious will upon him : yea wherein hath he defended so many liberties , ( notwithstanding his large ingagements at newmarket ) as the reader may see defended and vindicated by sir iohn maynard ? and yet sir iohn maynard must be reputed a traytor to his cou●trey , and he the grand saviour . i only desire that all the commons , and all those well-meaning souldiers that were made l. g. cromwells instruments to mannage his designe in accusing this gentleman ; i say i only wish , that they would judge by the fruits , and adhere to , or forsake every man , according as they shall finde him faithfull or trecherous to the kingdomes good and welfare . finis . notes, typically marginal, from the original text notes for div a e- a 〈◊〉 . pol●● . l. . c. . p. ● . ●● . b see 〈◊〉 . hist. . p. ● ● . c see hist. ●●bl . l. ● . sect. . p. , , . d zer . d● lacedem . repub. p. . e 〈…〉 . pro rabino . f see me●rour of justice , ● . p. ● . g see parliament dec. of sep . ●● . part bo●k dec. p. . . . liberty in●rieged . . liberty in●rierged . . liberty infrienged * this was declared in the pa●l●ament● first remōstra●ce of the state of the kingdom , to be the grand designe of 〈…〉 to absolve the government ●to●● all restrai●t●●●aw●s , and persons , and estates * so cookes exp● . of magna charta . . part iust. p. . * 〈…〉 . 〈…〉 〈…〉 * 〈…〉 . 〈…〉 p. 〈…〉 * see corke . part . instit. li. . ca. . sect. . fo. . * se● the re● . of sep. . . pa●t tooke d●●la p. . . 〈◊〉 in●ringed . 〈…〉 liberty of england in fr●nged viz the lords claiming a jurisdiction over comme●ers , and v●ndicated by sir joh. maynard . see the 〈◊〉 ma●e . ca●oli printed togethe● 〈…〉 . premise . notes for div a e- to ye●d m●●y in la● time whic● cord matte be fou . see coo● part p. ● liberty of england ●●fringed ▪ 〈◊〉 t● accuse a freeman b● way of articles , and t●e l●b. maintained by si●● . m. liberty a england infringed by ning men without an offence , an by no rule , ● the●● owner ●ooks expos. ● . 〈◊〉 . of a char●● 〈◊〉 . ● . 〈◊〉 s●at●● 〈…〉 . ● . . ed . ● . . . 〈…〉 jury●● be 〈◊〉 to magna art● , ●●ber ●egalis ho●● , 〈…〉 . he 〈…〉 to the 〈◊〉 where 〈…〉 . he 〈…〉 . he 〈…〉 ▪ the character of a trimmer concerning religion, laws and liberties by a person of honour, mss. h. halifax, george savile, marquis of, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; 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(eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the character of a trimmer concerning religion, laws and liberties by a person of honour, mss. h. halifax, george savile, marquis of, - . coventry, william, sir, ?- . p. [s.n.], london printed : mdclxxxix [ ] sometimes erroneously ascribed to sir william coventry--nuc pre- imprints. reproduction of original in the huntington library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng great britain -- history -- restoration, - . great britain -- politics and government -- - . - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion the character of a trimmer concerning religion , laws and liberties . by a person of honour , mss. h. london , printed in the year , mdclxxxix . the character of a trimmer . the preface . it must be more than an ordinary provocation that can tempt a man to writ in an age , over-run with scriblers , as aegypt was with flies and locusts ; that worse vermine of small authors hath given the world such a surfeit , that instead of desiring to writ , a man would be inclined to wish for his own ease , that he could not read. but there are some things which do raise our passions , that our reason can make no resistance ; and when mad . men in two extremes shall agree to make common sense treason , and joyn to fix an ill character upon the only men in a nation , who deserved a good one , i am no longer master of my better resolutions to let the world alone , and break loose from any more reasonable thoughts , to expose those false coins , who would make their copper words pass upon us for good payment . amongst all the engines of dissention , there hath been none more powerful in all times , than the fixing names upon one another of contumely and reproach ; and the reason is plain , in respect of the people , who tho generally they are incapable of making a sologism , or forming an argument , yet they can pronounce a word that serveth their turn , to throw it with their dull malice , at the head of those they do not like . such ever begin in jest , and end in blood ; and the word which maketh the company merry , groweth in time to a military signal , to cut one anothers throats . these mistakes are to be lamented , the not easily to be cured , being suitable enough to the corrupt nature of mankind . but it 's hard , that men will not only invent ill names , but they will wrest and misinterpret good ones : so afraid some are even of a reconciling sound , that they raise another noise to keep it from being heard , lest it should set up and encourage a dangerous sort of men , who prefer peace and agreement before violence and confusion . were it not for this , why after we have play'd the fool with throwing whig and tory at one another , as boys do snow balls , do we grow angry at a new name , which by its true signification might do as much to put us into our wits , as the other have done to put us out of them ? this innocent word trimmer signifieth no more then this , that if men are together in a boat , one part of the company would weigh it down of one side , another would make it lean as much to the contrary : it happeneth there is a third opinion , who conceive it would do as well if the boat went even without endangering the passengers . now it is hard to imagine by what figure in language , or by what rule in sense , this cometh to be a fault ; and it is much more a wonder that it should be thought a heresie . but so it happeneth that the poor trimmer hath now all the ponder spent upon him alone , whilst the whig is forgotten or at least a neglected enemie ; there is no danger now to the state ( if some men be believed ) but from the beast called a trimmer ; take heed of him , he is the instrument that must destroy church and state. a strange kind of monster whose deformity is so exposed , that were it a true picture that is made of him , it would be enough to fright children and make women miscarry at the sight of it . but it may be worth examining , whether he is such a beast as he is painted ; i am not of that opinion , and am so far from thinking him an infidel either in church or state , that i am neither affraid to expose the articles of his faith in relation to government , nor to lay that i preferr them before any other political creed , that either our angry divines , or our refin'd states-men would impose upon us . i have therefore in the following discourse endeavoured to explain the trimmers principles and opinions , and then leave it to all discerning and impartial , judges , whether he can with justice be so arraign'd and whether those who deliberatly pervert a good name , do not very justly deserve the worst that can be put upon them . the trimmers opinion , about laws and government in general , with some reflections , relating to our own. our trimmer hath a great veneration for laws in general , as he hath more particularly for our own : he looketh upon them as the chains that tye up our unruly passions , which else like wild beasts , would reduce the world into its first state of barbarism and hostility ; all the good things we enjoy we owe to them ; and all the ill things we avoid is by their protection . god himself thought it not enough to be a creator , without being a law-giver , and his goodness had been defective towards mankind in making them , if he had not prescribed rules to make them happy too . all laws flow from that of nature , and where that is not the foundation , they may be legally imposed , but they will be lamely obeyed . by this nature is not meant that which fools and libertines would misquot to justifie their excesses it is innocent and uncorrupted nature , that which disposeth men to choice vertue without its being prescribed , and which is so far from inspiring ill thoughts into us , that we take pains to surpress the good ones it infuseth . the civilized world hath ever payed a willing subjection to laws , even conquerors have done homage to them , as the romans took patrons of good laws , even from those they have subdued , and at the same time they triumphed over an enslaved people , the laws of that very place did not only remain safe , but became victorious , their new masters instead of suppressing them payed them more respect than they who first made them : and by this wise method they arrived to such an admirable constitution of laws , that to this day they do reign by them : the excellency of them triumpheth still , and the world now payeth an acknowledgement of their obedience to that mighty empire , tho so many ages after is is dissolved . and by a later instance , the kings of france who in practice use the laws pretty familiarly , yet they think their picture is drawn with most advantage upon their seals , when they are placed in their seats of justice ; and tho the hieroglyphick is not of so much use to the people there as they might wish , yet it sheweth , that no prince is so great as not to think fit for his own credit to give at least an outward , when he refuseth a real worship to the laws : they are to mankind that which the sun is to the plants , as it cherisheth and preserveth them ; where they have their force and are not clouded or suppressed , every thing smileth and flourisheth ; but where they are darkned and not suffered to shine out , it maketh every thing wither and decay : they secure men not only against one another , but against themselves too . they are a sanctuary to which the crown hath occasion to resort as often as the people , so that it hath an interest as well as a duty to preserve them . there would be no end of making a panegyrick of laws ; let it be enough to add , that without the laws the world would become a wilderness , and men little less than beasts : but withall this the best things may come to be the worst , if they are not in good hands ; and if it be true that the wise men generally make the laws , it is as true that the strongest too often interpret them : and as rivers belong as much to the channel where they run , as to the spring from whence they first arise ; so the laws as much depend upon the pipes thorow which they are to pass , as upon the fountain from whence they flow . our trimmer would have them appear in their full lustre , and would be grieved to see the day when instead of their speaking with authority from the seat of justice , they should speak out of a grate with a lamenting voice , like prisoners that desire to be rescued . he wisheth that the bench may ever have a natural as well as a legal superiority to the barr. he thinketh mens abilities very much displaced , when the reason of those who plead is visibly too strong for those who are to judge and give sentence . when these from the barr seem to dictat to their superiors upon the bench , their furrs will look scurvily about them , and the respect of the world will leave the bare character of a judge to follow the essential knowledge of a lawyer , who may be greater in himself than others can ever be with all their trappings . an uncontested superiority in any calling will have the better of any discountenance that authority can put upon it , and therefore if ever such an unnatural method should be introduced , it is then that westminster-hall might be said to stand upon its head ; and tho justice it self can never be so , yet the administration of it would be rendred ridiculous . a judge hath such a power lodged in him that the king will never be thought to have chosen well , where the voice of mankind hath not before recommended the man to his election ; when men are made judges of what they doe not understand , the world censureth such a choice not out of ill will to the men but fear for themselves . if the king had th● sole power of choising physicians , men would tremble to see bunglers preferred , yet the necessity of taking physick from a doctor is generally not so great as that of receiving justice from a judge . the inferences would be very severe in such cases , for either it will be thought that such men bought what they know not how to deserve ; or which is as bad , that obedience shall be looked upon as a better qualification in a judge then skill or integrity . when such sacred things as the laws are not only touched , but guided by prophane hands , men will fear that out of the tree of the law from whence we expect shade or shelter , such work men will make cudgels to beat us with , or rather that they will turn the cannon upon our properties that were intrusted with them for their defence . to see the laws mangled , disguised , made speake quite another language then their own , to see them thrown from the dignity of protecting mankind to the disgraceful office of destroying them , and notwithstanding their innocence in themselves , to be made the worst instruments that the most refined villany can make use of , will raise mens anger above their power to lay it down again , and tempt them to follow the ill example given them of judging without hearing , when so provoked by their desire of revenge . our trimmer therefore as he thinketh the laws are jewels , so he believeth they are no where better set than in the constitution of our english government , if rightly understood and carefully preserved , it would be too great partiality to say it is perfect or lyable to no objection , such things are not of this world , but if it hath more excellency and fewer faults then any other we know , it is enough to recommend it to our esteem . the dispute which is the greater beautie , a monarchy , or a common-wealth hath lasted long between their contending lovers ; and they have behaved themselves so like lovers who in good manners must be out of their wits ; used such figures to exalt their own idol , on either side & such angry aggravations to reproach one another in the contest , that moderate men have in all times smilled upon this eagerness , and thought it differed verie little from a down right frenzie : wee in england by a happy use of this controversie conclude them both in the wrong , and reject them from being our pattern , tak●ing the words in the outmost extent , which is , " monarchie is a thing which leaveth men " no libertie , and a common wealth such an one as alloweth them no quiet . we think that a wise mean betwixt those barbarous extremes , is that which self preservation ought to dictate to our wishes , and we may say we have attained to this mean in a greater measure , then any nation now in being , and perhaps then any we read of , tho never so much celebrated for the wisdom or the felicitie of their constitution . we take from one , the too great power of doing hurt , and yet leave enough to govern and protect us . we take from the other the confusion of parity , the animosities , and the licence , and yet reserve a due care of such a liberty as may consist with mens allegiance . but being hard , if not impossible to be exactly even , our government hath much the stronger byass towards monarchie , which by the more general content and practice of mankind seemeth to have the advantage in the dispute against the common-wealth . the rules of a common-wealth are too hard for the bulk of mankind to come up to , that form of government require●h such a spirit to carry it on , as do not dwell in great numbers but is restrain●d to so very few especially in this age , that let the methods appear never so reasonable in paper , they must faile in practice , which will never be suited more to in mens nature as it is , then as it should be . monarchie is liked by the people for the bells and the tinsel , the outward pompe and the guilding , and there must be milk for babes , the greater part of mankind are , and ever will be included in that list ; and it is approved by wiser and more thinking men as the best when compar'd with others , and all circumstances and objections impartially considered , then it hath so great an advantage above all other forms when the administration of that power falleth into a good hand , that all other governments look out of countenance when they are set in competition with it . lycurgus might have saved himself the trouble of making laws , if either he had been immortal , or that he● could have secured to posterity a succeeding race of princes like himself ; his own example was a better law ; then he could with all his skill tell how to make : such a prince is a living law that dictateth to his subjects , whose thoughts in that case never rise above their obedience ; the confidence they have in the knowledge and vertue of the master , preventing the scruples and apprehensions to which men are naturally inclined in relation to those that govern them . such a magistrate is the life and soul of justice , whereas the law is but the body and a dead one too , without his influence to give it warmth and vigour ; and by the irresistable power of his vertue doth so reconcile dominion and allegiance , that all disputes between them are 〈◊〉 and subdued . and indeed no monarchy can be perfect and absolute without exception , but where the prince is superior by his vertue , as well as by his character and his power . so that to serve out presidents of unlimited power is a plain diminution to a prince that nature hath made great , and who had better make himself a glorious example to posterity , than borrow an authority from dark records raised out of the grave , which beside their own usage have always in them matters of controversie and debate . and it may be affirmed , that the instances are very rare of princes having the worst in the dispute with their people , if they were eminent either for justice in time of peace , or conduct in time of warr : such advantage the crowngiveth to those who adorn and confirm it by their own personal vertues . but since for the greater honour of good and wise princes , and the better to set off their character by the comparison , heaven hath decreed that there must be a mixture , and that such as are perve●se , and insufficient , or perhaps both , are at least to have their equal turns in the government of the world ; and besides that the will of man is so various and unbounded a thing , and so fatal too when joyned with power misapplyed , it s no wonder if those who are to be governed are unwilling to have so dangerous as well as so uncertain a standard of their obedience : there must be therefore rules and laws , for want of which , or at least the observation of them , it was as capital for a man to say , " nero did not play well upon the lute , as to commit treason , or blaspheme the gods , and even vespasian himself had like to have lost his life for sleeping , whilst he should have attended and admired that emperours impertinencie upon the stage . there is a wantonness in too great power that men are generally too apt to be corrupted with , and for that reason a wife prince to prevent the temptations arising from common frailty , would choose to govern by rules for his own sake , as well as for his peoples ; since it only secureth him from errors , and doth not lessen the real authority that a good magistrate would care to be possessed of . for if the will of a prince is either contrary to reason it self , or to the universal opinion of his subjects , the law by a kind restraint rescueth him from a disease that would undoe him . if his will on the other side is reasonable and well directed , that will immediately become a law , and he is arbitrary by an easie and natural consequence , without taking pains or overturning the world for it . if princes consider laws as things imposed on them , they have the appearance of fetters of iron , but to such as would make them their choice as well as their practice , they are chains of gold , and in that respect an ornament , as in others they are a defence to them : and by a comparison not improper for gods vicegerents upon earth , as our maker never commandeth our obedience to anything , that as reasonable creatures we ought not to make our own election , so a good and a wise governour , tho all laws were abolished , would by the voluntary direction of his own reason , do without constraint the very same things , that they would have enjoyned . our trimmer thinketh that a king and a kingdom are to be one creature ; not to be separated in their political capacity , and when either of them undertake to act a part , it is like the crawling of worms after they are cut in pieces , which cannot be a lasting motion , the whole creature not stirring at a time . if the body hath the dead palsie , the head cannot make it move , and god hath not delegated such a healing power to princes , as that they can in a moment say to a languishing people oppressed into despair , take up your bed and walk . the figure of a king , is so comprehensive and so exalted a thing , that it is a kind of degrading him to lodge that power separately in his own natural person , which can never be truely nor safely great , but where they are so united to him , as to be flesh of his flesh , and bone of his bone : for when he is reduced to the single definition of a man , he shrinketh into into so low a character , that it is a temptation upon mens allegiance , and an im , paring of that veneration which is necessary to preserve their duty to him : whereas a prince that is so joined to his people , that they seem to be his limbs rather than his subjects , clothed with mercy and justice rightly applyed in their several places , his throne supported by love , as by power , and the warm wishes of his devouted subjects like a never failling incense , still ascending towards him , looketh so like the best image we can frame to our selves of god almighty , that men would have much adoe not to fall down and worship him , and would be much more tempted to the sin of idolatrie , then to that of disobedience . our trimmer is of opinion , that there must be so much dignity inseparablie annexed to the regal function . as may be sufficient to secure it from insolence and contempt : and there must be condescentions too from the throne like kind showers from heaven . that the prince may look the more like god almighties deputy upon earth ; for power without love hath a terrifying aspect . and the worship that is payed to it , is like that which the indians give out of fear to wild beasts and devils . he that feareth god only , because there is a hell , must with there were no god : and he who feareth a king only because he can punish , must wish there were no king. so that without a principle of love there can be no true allegiance ; and there must remain perpetual seeds of resistance against a power that is founded upon such an unnatural foundation , as that of fear and terror . all force is a kind of foul play , and who ever owneth it himself , doth by implication allow it to those he playeth with . so that there will be ever matter prepared in the minds of the people when they are so provok'd , and the prince to secure himself , must live in the midst of his own subjects , as if he were in a conquered countrey , raise armies , as if he were immediately to make or resist an invasion , & all this while sleep as unquietly from the fear of the remedies , as he did before from that of the disease ; it being hard for him to forget that more princes have been destroyed by their guards , than by their people ; and that even the time when the rule was quod principi placuit lex esto , the armies and pretorian bands which were the instruments of that unruly power , were frequently the means made use of to destroy those who had it . there will ever be this difference between god and his vicegerents , that god is always above the instruments he useth , and out of that danger of receiving hart from them ; but princes can never lodge power in any hands , which may not at some time turn it back upon them . for tho it is possible for a king to have power enough to satisfie his ambition , yet no kingdom hath money enough to satisfie the avarice of the under-workmen , who learn from that prince who will exact more than belongeth to him , to expect from him as much more than they deserve , and growing angry upon the first disappointment , they are like devils which grow terrible to the conjurers themselves who brought them up , but cannot send them down again . and besides that there can be no lasting radical security , but where the governed are satisfied with the governours : it must be a dominion very unpleasant to a prince of an elevated mind , to impose an abject and a forced servilty instead of receiving the willing sacrifice of duty and obedience . the bravest princes in all times , who were incapable of any other kind of fear , have feared to grieve there own people ; such a fear is a glory , and in this sense it is an in●amy not to be a coward : so that the mistaken hero's who are void of this generous kind of fear , need no other aggravation to compleat their ill character . when a despotick prince hath bruised all his subjects into a slavish obedience , all the force he can use , cannot subdue his own fears ; enemies of his own creation , to which he can never be reconciled , it being impossible to do injustice , and not fear a revenge ; there is no cure for this fear but the not deserving to be hurt , and therefore a prince which doth not allow his thoughts to ●●ray beyond the rule of justice , hath alwayes the blessing of an inward quiet and assurance , as a natural effect of his good meaning to his people & tho he will not neglect du● precautions to secure himself in all events , yet he is uncapable of entertaining vain and remote suspitions of those of whom he resolves never to deserve ill . it is verie hard for a prince to fear a rebellion , who never doth nor intendeth any thing to provoke it , therefore too great a diligence in the governours to raise and improve fears , and dangers from the people , is no very good symptome , and naturally begets an infere●ce that they have thoughts of putting their subjects allegiance to a tryal : and therefore not without some reason , fear before hand , that the irregularities they intend , raise men to a resiliance . our trimmer thinketh it no advantage to a government to endeavour the suppressing all kind of right , which may remain in the body of the people , or to imploy small authors in it , whose officiousness or want of money may encourage them to write , tho it is not very easie to have abilities equal to such a subject . they forget that in their too high strain'd arguments for the rights of princes , they very often plead against humane nature , which will alwayes give a byass to these reasons , which seem to be of her side . 't is the people that readeth these books , and it is the people that must judge of them , and therefore no maxime should be laid down for the right of government , to which there can be any reasonable objection ; for the world hath an interest , and for that reason is more than ordinary decerning to find out the weak sides of such arguments , as are intended to do them hurt : and it is a diminution to a government , to promote or countenance such well affected mistakes , which are turned upon it with disadvantage , when ever they they are detected and exposed : and naturally the too earnest endeavours to take from men the right they have , tempt them , by the example to claim that which they have not . and in power as in most other things , the way for princes to keep it , is not to grasp more than their arms can well hold . the nice and unnecessary inquiry into these things , or the licensing some books , and suppressing others , without sufficient reason to justifie the doing , is so far from being an advantage to a governme●● , that it exposeth it to be the censure of being partial , and to the suspition of having some hidden designs , to be carried on by these unusual methods . when all is said , there is a natural reason of state , an undefinable thing , grounded upon the common good of mankind , which is immortal , and in all changes and revolutions still preserveth its original right of saving a nation , when the letter of the law perhaps would destroy it , and by whatsoever means it moveth , carrieth a power with it , that admitteth no opposition , being supported by nature , which inspireth an immediate con●nt at some critical times , into every individual member , to that which visibly tendeth to the preservation of the whole : and this being so , a wise prince in stead of controverting the right of this reason of state , will by all means endeavour it may ever be of his side , and then he will be secure . our trimmer cannot conceive that the power of any prince can be lasting , but where it is built upon the foundation of his own unborrowed vertue : he must not only be the first mover , and the fountain from whence all the great acts of state orginally flow ; but he must be thought so by his people , that they may preserve their veneration to him : he must be jealous of his power , and not impart so much of it to any about him , as that he may suffer an eclipse by it . he cannot take too much care to keep himself up , for when a prince is thought to be led by those , with whom he should advise , and that the commands he giveth are transmitted thorow him , and are not of his own growth , the world will look upon him , as a bird adorn'd with feathers that are not his own , or consider him rather as an engine than a living creature . besides it would be a contradiction for a prince , to fear a common-wealth , and at the same time to creat one himself , by delegating such a power to any number of men near him , as is inconsistent with the true figure of a monarch ; it is the worst kind of co-ordination the crown can submit to : for it is the exercise of power that draweth the respect along with it , and when that is parted with , the bare character of a king is not sufficient to keep it up . but tho it is a diminution to a prince to parcel out his power so liberally amongst his favourites , it is yet worse to divide with any other man , to bring himself in competion with a single rival , a partner in government , is so unnatural a thing , that it is a squint ey'd allegiance which must be payed to such a double bottomed monarchy . the two czaars are an example that the more civilized part of the world will not be proud to follow , and whatever gloss may be put upon this method , by those to whom it may be of some use , the prince will do well to remember and reflect upon the story of certain men , who had set up a statue in honour of the sun , yet in a very little time they turned their back to the sun , and their faces to the statue . these mystical unions are better placed in the other world than they are in this , and we shall have much adoe , when in a monarchy gods vicegerency is delegated to more heads , than that which is anointed . princes may lend some of their light to make another shine , but they must still prefer the superiority of being the brighter planet , and when it hapneth that the reversion is in mens eyes , there is more care necessary to keep up the dignity of possession , that men may not forget who is king , either out of their hopes or their fears who shall be . if the sun should part with all its light to any of the stars , the indians would not know where to find their god , after he had so deposed himself , and would make the light where ever it went , the object of their worship all usurpation is alike upon the soveraignity , it is no matter from what hand it cometh , and crowned heads are to be the more circumspect , in respect that mens thoughts are naturally apt to ramble beyond what is present ; they love to work at a distance , and in the greedy expectation , their minds may be filled with of a new master , the old one may be left to look a little out of countenance our trimmer owneth a passion for liberty , yet so restrained , that it doth not in the least impair or taint his allegiance : he thinketh it is hard for a soul that doth not love liberty , ever to raise it self to another world ; he taketh it to be the foundation of all vertue , and the only reasoning that giveth a relish to life : and tho the laziness of a slavish subjection hath its charms for the more gross and earthly part of mankind , yet to men made of a better sort of clay , all that the world can give without liberty hath no taste ; it is true nothing is sold so cheap by unthinking men , but that doth no more lessen the real value of it , then a country fellows ignorance doth that of a diamond in selling it for a pot of ale. liberty is the mistres of mankind , she hath powerful charms which do so dazle us , that we find beauties in her which perhaps are not there , as we do in other mistresses : yet if she was not a beauty , the world would not run mad for her . therefore since the reasonable desire of it ought not to be restrained , and even the unreasonable desire of it cannot be suppressed ; those who will take it away from a people possessed of it , are likely either to fail in their attaining , or to be very unquiet in keeping of it . our trimmer admireth our blessed constitution in which dominion and liberty are so happily reconciled ; it giveth to the prince the glorious power of commanding free-men , and to the subject the satisfaction of seing that power so lodged , as that their liberties are secure : it doth not allow the crown such a ruining power as that no grass can grow wherever it tradeth , but a cherishing & protecting power , such an one as hath a grim aspect only to the ofsending subjects , but it is the joy and pride of the good ones , their own interest being so bound up in it , as to engage them to defend and support it : as the king is in some in●tances restrained ; so nothing in the government can move without him . our laws make a true distinction betwixt vassallage and obedien●e , between a devouring prerogative and a licentious ungovernable freedom ; and as of all the orders of building , the composit is the best , so ours by a wise mixture and happy choise of what is best in others , is brought into a form that is our felicitie who live under it , and the envy of our neighbours who cannot imitate it . the crown hath power sufficient to protect our liberti●s , the people hath so much liberty as is necessar to make them useful to the crown : our government is in a just proportion , no ●impany , no unnatural swelling either of power or libertie ; and whereas in all overgrown monarchies , reason , learning , and enquiry are banished , hange● in effigie for mutiners , here they are encouraged and cherished , as the surest friends to a government established upon the foundation of law and justice . when all is done , those who look for perfection in this world , may look as long as the iews have done for their m●ssias ; and therefore our trimmer is not so unreasonably partial as to free our government from all objections : no doubt there have been fatal instances of its sickness , and more then that of its mortality for some time , tho by a miracle it hath been revived again . but till we have another mankind , in all constitutions that are bounded there will be ever some mat●er of strife , and contention , and rather then want pretences , mens passions and int●re●ts will raise them from the most inconsiderable causes . our government is like our clymat , there are winds that are sometime loud and unquiet , and yet with all the trouble they give us we owe a great part of our health to them , they cleanse the air which would else be like a standing pool , and instead of a re●reshment would be a disease to us . there may be fresh ga●es of a●●erted liberty ; without turning into such storms or hurricanes , as that the state should run any hazard of being cast away be them : these struglings which are natural to all mixed governments , whilst they are keeped from growing into convulsions , do by a mutual agitation from the several parts rather support and strengthen , and weaken or maim the constitution ; and the whole frame instead of being torn or disjoynted , cometh to be the better and closser knit by being thus exercised . but what ever faults our government may have , or whatever spots a decerning critick may find in it , when he looketh upon it alone , let any other be set against it , and then it sheweth its comparative beautie : let us look upon the most glittering outside of unbounded authority , and upon a nearer enquiry we shall find nothing but poor and miserable deformity within . let us imagine a prince living in his kingdom , as if he was in a great gally ; his subjects tugging at the oar loaden with chains , and reduced to ●eal raggs , to gain him imaginary laurels : let us represent him gazing among his flatterers , like a child never contradicted , and therefore always cozned , or like a lady complemented only to be abused ; condemned never to hear truth , and consequently never to do justice , wallowing in the soft bed of wanton and unbridled greatness , not less odious to the instrument than to the objects of his tyranny ; blown up into an ambitious dropsie , never to be satisfied by the conquest of other people or by the oppression of his own ; by aiming to be more then a man , he becometh a beast ; a mistaken creature swelled with panegyricks , and fla●tered out of his senses ; nor only an incumbrance , but a common nusance to mankind ; a hardned and unrelenting soul ; and like some creatures that groweth fat with poysons , he groweth great by other mens miseries : an ambitious ape of the divine greatness ; an unruly gyant , that would storm even heaven its self , but his scaling ledder is not long enough : in short a wild beast in rich trappings , and with all his pride no more than a whip in god almighties hand , to be thrown into the fire , when the world hath been sufficiently scourged with it . this picture laid in right colours , would not invite men to wish for such a government ; but rather to acknowledge the happiness of our own , under which we enjoy all the priviledges reasonable men can desire , and avoid all the miseries many others are subject to . so that our trimmer would fain keep it with all its faults , and doth as little fore-give those who give the occasion of breaking it , as he doth those that take it . our trimmer is a friend to parliaments , notwithstanding all their faults and excesses , which of late have given much ma●ter of objection to them ; he thinketh that tho they may at some times be troublesome to authority , yet they add the greatest strength to it under a wise administration : he believeth no government is perfect , except a kind of omnipotence reside in it , to be exerced upon great occasions : now this cannot be attained by force upon the people , let it be never so great ; there must be their consent too , or else a nation moveth only ( by being driven ) a sluggish and constrained motion , void of that life and vigor , which is necessary to produce great things . whereas the virtual consent of the whole being included in their representatives , and the king giving the sanction to the united sense of the people , every act done by such an authority seemeth to be an act of their choise , as well as a part of their duty ; and they do with an eagerness of which men are uncapable whilst under a force , execute whatever is so enjoyned as their own will better explained by parliament , rather then from the terror of incurring the penaltie of the law for omitting it . and by the means of this political omnipotence , what ever sap or juice there is in a nation , may be to the last drop produced , whilst it riseth naturally from the root ? whereas all power exerced without consent is like wounds and gashes , and topping a tree at unseasonable times , for the present occasion which in a very little time must needs destroy it . our trimmer believeth that by the advantage of our situation , there can hardly any such sudden discase come upon us , but that the king may have time enough left to consult with his physicians in parliament . pretences indeed may be made , but a real necessity so pressing , that no delay is to admitted , is hardly to be imagined ; and it will neither be able to give an instance of any such thing for the time past , or reasonable to presume it will ever happen for the time to come . but if that strange thing should happen to fall out , our trimmer is not so strait lac'd , as to let a nation die or be stiffled , rather then it should be helped by others then the proper officers ; the cases themselves would bring the remedies along with them , and he is not afraid to allow , that in order to its preservation , there is a hidden power in government which should be lost if it was defined ; a certain mystery by vertue of which a nation may be at some critical time secured from ruine : but then it must be keeped as a mystery . it is rendered useless when touched by unskilful hands ; and no government ever had or deserved to have that power , which was so warrie as to anticipat their claim to it . our trimmer cannot help thinking it had been better , if the triennial act had been observed ; first , because it is the law , and he would not have the crown , by such an example , teach the nation to break it : all irregularity is catching , it hath contagion in it , especially in an age so much more inclined to follow ill paterns , then good ones : he would have had a parliament , because it is an essential part of the constitution , even without the law , it being the only provision in extraordinary cases , in which there would otherways be no remedy : and there can be no greater solicism in government , than a failing of justice : he would have had one , because nothing else can unite and heal us , all other means are meer shifts and projects , houses of cards blown down with the least breath , and that cannot resist the difficulties which are ever to be presumed in things of this kind : and he would have had one , because it might have done the king good , and could not possibly have done him hurt without his own consent , which in that case is not to be supposed . therefore , for him to fear it , is so strange and so little to be comprehended , that the reasons can never be presumed to grow in our soil , or to thrive in it , when transplanted from any other country : and no doubt there are such irresistable arguments for the calling a parliament , that tho it might be denyed to the unmannerly threatnings of men , that are mutinous and disaffected , it would be granted to the soft and obsequious murmours of his majesties best subjects : and there would be such a rhetorick in their silent grief , that it will at last prevail against the artifices of those , who either out of guilt or interest , afraid to throw themselves upon their country , knowing how scurvily they have us'd it . that day of judgment will come , tho we know neither the day nor the hour , and our trimmer would live so , as to be prepared for it , with full assurance in the meantime , that the lamenting voice of a nation cannot long be resisted , and that a prince , who would so forgive his people when they had been in the wrong , cannot fail to hear them when they are in the right . the trimmers opinion concerning religion , to the producing quiet amongst our selves . religion hath such a superiority above all others things , and that indispensable influence upon all mankind , that it is as necessary to our living happily in this world : as it is to our being saved in the next : without it man is an abandoned creature , one of the worst beasts nature hath produced , and fit only for the society of wolves and bears . therefore in all ages it hath been the foundation of government ; and tho false gods have been imposed upon the credulity of the world ; yet they were god's still in their opinion : and the aw & deference men had to them , and their oracles kept them within bounds towards one another , which the laws alone with all their authority could never have affected without the help of religion , the laws would not be able to subdue the perversness of mens wills , which are wild beasts that require a double chain to keep them down . for this reason it is said , that it is not a sufficient ground to make war on a neighbouring state , because they are of an other religion : let it be never so differing ; yet if they worship and acknowlege no deity at all , they may be invaded as publick enemies of mankind , because they reject the only thing that can bind men to live well with an other . the consideration of religion is so tuisted with the government , that it is never to be separated , and tho the foundations of it are to be unchangable and eternal , yet the forms and circumstances of discipline , are to be suited to the several climates and constitutions , so as they may keep men in a willing acquiescence to them without discomposing the world by nice disputes , which can never be of equal moment with the publick peace . our religion here in england , seemeth to be distinguished by a peculiar effect of god almighties goodness , in permitting it to be introduced or more properly restored , by a more regular method , then the circumstances of most other reformed churches , would allow them to do in relation to the government , and the dignity with which it hath supported it self ; and the great men our church hath produced , ought to recommend it to the esteem of all protestants ; at least our trimmer is very partial to it for these reasons and many more , and desirous that it may preserve its due jurisdiction and authority , so far he is from wishing it opprest , by the malicious or unreasonable cavils of those who take pains to raise objections to it . the question then will be how , and by what methods this church shall best support it self , the present circumstances considered in relation to dissenters of all sorts ? i will first lay it for a ground , that as there can be no true religion without charity , so there can be no humane prudence without bearing and condescention . this principal doth not extend to oblige the church alwayes to yield to those , who are disposted to contest with it , the expediencie of doing it , is to be considered and determined according to the occasion ; and this leadeth me to lay open the thoughts of our trimmer , in reference first to the protestant and then to the popish recusants . what heat lately happned amongst us , makes an apology necessary for saying any thing that looketh like favour towards any sort of men , who have brought themselves under such a disadvantage . the late conspiracy hath such broad symptoms of the disaffection of the whole party , that upon the first reflection whilst our thoughts are warm , it would almost perswade us to put them out of the protection of our good nature , and to think that the christian indulgence , which our compassion for other mens sufferings cannot easily deny , seemeth against , and even becometh a crime when it is so misapplyed . yet for all this , upon second and colder thoughts , moderate men will not be so ready to involve a whole party in the guilt of a few , or to admite inferences and presumptions , to be evidences in a case , where the sentence must be so heavy , as it ought to be against all those , who have a fixed resolution against the government established . besides men who act by a principle grounded upon a moral vertue can never let it be intirely extinguished by the most repeated provocations . i● a right thing agreeable to nature and good sense taketh root in the heart of a man , that is impartial and unbyassed , no outward circumstances can ever destroy it ; 't is true the degree of mans zeal for the prosecution of it may be differing , the faults of other men , the consideration of the publick , and the reasonable prudence by which wise men will ever be directed , may give great allays , they may lessen , and perhaps for a time suppress the exercise of that , which in a general proposition may be reasonable but what ever is so , will inevitable grow and spring up again , having a foundation in nature which is not to be destroyed . our trimmer therefore endeavours to separate the detestation he hath of those who had either a hand or a thought in the late plot , from the principle of prudential , as well as christian charity towards mankind ; and for that reason , would fain use the means of reconciling such of the dissenters as are not incurable , and of even off bearing to a degree those that are , as far as may consist with the publick interest and security . he is far from justifying an affected separation from the communion of the church , and even in those who mean well and are misled , he looketh upon it as a disease that hath sea●ed upon their minds , very troublesome to themselves , as well as dangerous by the consequences it may produce . he do●h not go about to excu●e their making it an indispensable duty to meet in numbers to say their prayers ; such meetings may prove mischievous to the state , at least the laws which are the best judges have determined that there is danger in them ; he hath good nature enough to lament , that the perversness of a part should have drawn rigorous laws upon the body of dissenters , but when they are once made no private opinion , must stand in opposition to them . if they are in themselves reasonable , they are in that respect to be observed , even without being enjoyned , if by the change of times and circumstances they should become less reasonable than when they were first made , even then the● are to be obeyed too , because they are laws till they are mended or repeled by the same authority that enacted them . he hath too much deference to the constitution of our government , to wish any more prerogative declarations in favours of scrupulous men , or to dispense with penal laws in such a manner , or to such an end . that suspecting men might with some reason apprehend , that so hated a thing as a persecution could never make way for it self with any hope of success , otherwayes then by preparing the deluded world with a false prospect of liberty and indulgence . the inward springs and wheels by which that engine moved are not so fully laid open and exposed , that it is not supposable such a baffled experiment should ever b●tryed again . the effect it had at that time , and the spirit it raised will not easily be forgotten ; and it may be presumed that the remembrance of it may secure us from any more attempts of that kind for the future ; we must no more break a law to give a man ease , then we are to robb a house , with a devout intention of giving the plunder to the poor : in this case our compassion would be ill directed , as our charity in the other ; in short , the veneration due to the laws is never to be thrown off , let the pretensions be never so specious . yet for all this , he cannot bring himself to think that an extraordinary diligence to exact the outmost penalties of the law , ●upon a poor offending neighbour , is of it self such an alsufficient vertue , that without something else to recommend men , it should entittle them to all kind of preserments and rewards . he would not detract from the merits of those who execute the laws , yet he cannot think that such a piece of service as this , can entirely change the man , or either make him a better divine , or a more knowing magistrate then he was before , especially if it be done with a partial and unequal hand , in reference to great and more dangerous offenders . our trimmer would have these mistaken men ready to throw themselves in the arms of the church , and he would have these arms as ready to receive them : he would have no supercilious looks to fright these stray'd sheep from coming into the fold again , no ill natured maxims of eternal suspition , or a belief that these who have been in the wrong can never be in the right again ; but a visible preparation of the mind to receive with joy , all the proselites that shall come to us , and a much greater earnestness to reclaim , then punish them . it is to be confessed , that when there is a great deal to forgive , it is task hard enough for a church to provoked : but that must not cut off all hopes of being reconciled . yet i● there must be some anger left still , let it break out into a christian revenge , and by being kinder to these ●hildren of dis●bedience then they deserve , let the injured church triumph by throwing shame and confusion of face upon them , there should not alwayes be stormes and thunder , a clearer skie sometimes would make the church look more like heaven , and would do more towards reclaiming these wanderers , then a perpetual terror , which seemeth to have no intermission : for there are many and particularly in england , that by a mistaken pleasure in resisting the dictates of rigorous authority , whose stomach riseth against a hard imposition ; nay be in some a lust in suffering from a wrong point of honour , which yet doth not want the applause of the great part of mankind , who have not learned to distinguish : constancie will be thought a vertue even when it is a mistake , and the ill judging world will be apt to think the opinion most in the right , which produceth the greater numbers of those who are willing to suffer for it ; all this is prevented and falls to the ground by using well-timed indulgences . and the stubborn adversary who valueth himself upon his resistance whilst he is oppressed , yieldeth unsensibly to kinder methods when they are applyed to him ; and the same man melteth naturally into conformity , who perhaps would never have been beaten into it . we may be taught ●by the compassion that attendeth the most criminal men when they are condem'd , that faults are much more natural things then punishments , and that even the most necessary acts of severity , do some kind of violence to our nature , whose indulgence will not be confined within the strick bounds of exorable justice● ! so that this should be an argument for gentleness . besides that it is the likeliest way to make these men ashamed of their separation , whilst the pressing them too hard tendeth rather to make them proud of it . our trimmer would have the clergy supported in their lawful rights , and in all the power and dignity that belongeth to them ; and yet he thinketh that possibly there may be in some of them , a too great eagerness to extend the ecclesiastical jurisdiction , which tho' it may be well intended , yet the straining it too high , hath an appearance of ambition , that raiseth mens objections to it , and is so very unlike the apostolick zeal , which was quite otherwayes applied , that the world draweth inferences from it , which do the church no service : he is troubled to see men of all sides sick of a calenture of a mistaken devotion , and it ●●emeth to him , that the devout fire of mutual charity with which the primitive christians were inflamed , is long since extinguished and instead of it , a devouring a fire of anger and persecution breaking out in the world. we wrangle with one another for religion , till the blood cometh ; whilst the commandments have no more authority with us , then if they were so many absolute laws , or proclamations out of date . he thinketh that a nation will hardly be mended by principles of religion , where morality is made an heretick ; and therefore , as he believeth devotion to be misplaced , when it getteth into a conventicle , he concludeth that loyalty is so too , when it is lodged in a drunken club. these vertues deserve a better seat of empire , and they are degraded when such men undertake their defence , as have too great need of an apology for themselves . our trimmer wisheth that some knowledge may go along with zeal on the right side ; and that those that are in possession of the pulpit , would quot at least as often the authority of the scriptures , as they do that of the state. there are many , who borrow too often from the government arms to use against their adversaries , and neglect those that are more proper , and would be more powerful . a divine groweth less , and putteth a diminution upon his own character , when he quoteth any law but that of god almighty , to get the better of those that contest with him ; and as it is a sign of a decaying constitution , when nature with good dyet cannot expel noxious humours , without calling forraign drugs to her assistance , so it looketh like want of health in a church , when instead of depending upon the power of that truth which it holdeth , and the good example of those who teach it , to support it self and suppress errrors , it should have a perpetual recourse to the secular authority , and even , upon the slightest occasions . our trimmer hath his objections to the o● busied diligence and overdoing of some of the dissenting clergy , and he doth as little approve those of our church who weare god almightie's livery , as some old warders in the tower do the king 's : who do nothing that belongs unto their place , but receiving the wages for it . he thinketh that the liberty of the late times gave men to much light , and diffused it so universally among the people , that they are not now to be dealt with , as they might have been in an age of less enquity and therefore tho in some well chosen and dearly beloved auditories , good resolute non-sense backed with authority may prevail , yet generally men are become so good judges of what they hear , that the clergy ought to be very warry , before they go about to impose upon their understandings , which are grown less humble than they were in former times , when the men in black had made learning such a sin for the laity , that for fear of offending they made a conscience of being able to read . but now the world is grown so wise , and expecteth reasons , and good ones too , before they give up their own opinions to other men's dictates , tho' never so magisterially delivered to them . and our trimmer is farr from approving they hypocrisie which seemeth to be the reigning vice among some of the dissenting clergy ; he thinketh it the most provoking sin men can be guilty of in relation to heaven , and yet ( which may seem strange ) that very sin which shall destroy the soul of the man who preacheth , may help to ●ave those of the company that hear him , and even those that are cheated by the false ostentation of the strictness of his life , may by that pattern be encouraged to the real practice of these christian vertues , which he doth so deceitfully pro●ess : so that the detestation of his ●ault , may possibly be carried too farr by our more orthodox divines , and a wor●e extreme for men of that character , who by going to the outmost line of christian libetry , will certainly encourage others to go beyond it . no man doth less approve the ill-bred method of some of the dissenters in rebuking authority , who behave themselves as if they thought ill manners necessary to salvation ; yet he cannot but distinguish and desire a mean between the of some of the scotish apostles and the indecent courtship of some silken divines , who one would think did practice to bow at the altar , only to learn to make the better legs at court. our trimmer approveth the principle of our church , that dominion is not founded in grace ; and that our obedience is to be given to a popish king in other things , at the same time that our compl●ance with him in religion is to be denyed : yet he cannot but think it a very extraordinary thing , if a protestant church should by a voluntary election choose a papist for their guardain , and receive directions for supporting our religion from one who must believe it a mortal sin not to endeavour to destroy it : such a refined peece of breeding would not seem to be very well placed in the clergy , who will hardly be able to find precedents to justifie such an extravagant kind of courtship ; and which is so unlike the primitive methods , that ought to be our pattern . he hath no such unreasonable tenderness for any sort of men , as to expect their faults should not be impartially laid open , as they give occasion for it . and yet he cannot but smile to see , that the same man who setteth up all his sailes of rhetorick to fall upon the dissenters ; when popery is ●o be handled , he doth it so gingerly , that he looketh like an ass mumbling of a thristle , so affraid he is of letting himself loose upon a subject , when he may be in danger of letting his duty get the better of his discretion . our trimmer is so far from relishing the impertinent wanderings of these who pour out long prayers upon the congregation , and all from their own flock , which god knoweth for the most part is a barren soil , that produceth weeds in stead of flowers ; and by this means they expose religion it self , rather than promote mens devotions . on the other side there may be too great restraint put upon men , whom god & nature hath distinguished from their fellow labourers , by blessing them with a happier talent ; and by giving them not only good sense , but a powerful utterance too , hath enabled them to gush out upon the attentive authority , with a mighty stream of devout and unaffected eloquence : when a man is qualified and endued with learning , and above all , adorned with a good life , breaking out into a warm and well delivered prayer before his sermon , it hath appearance of a divine rapture , he raiseth and leadeth the hearts of an assembly in another manner , than most studied , best composed form of set words can attain to , & the pray ●●●e's who serve up all their sermons with the same garnishing , would look like so many statues , or men of straw in the pulpit , compared with those who speak with such a powerful zeal , that men are tempted at the moment , to believe heaven it self had dictated their words to them our trimmer is not so unreasonably indulgent to the dissenters , as to excuse the irregularities of their complaints , or to approve their threatning stile , which is so ill suted to their circumstances , as well as to their duty : he would have them shew their grief , and not their anger to the government , and by such a submission to authority as becometh them ; if they cannot inwardly acquiesce in what is imposed , let them desire a legislative remedy to their sufferings . there being no other way to give them perfect redress , then either to seek it , or pretend to give it , would not only be vain but criminal too , in those that go about it . yet for all this , there may be in the mean time a prudential latitude left , as to the manner of prosecuting the laws now in force against them , the government is in some degree answerable for such an administration , as may be free from the censure of impartial judges : and in order to that it will be necessary that one of these methods be pursued , either to let loose the laws , to their outmo●t extent , without any moderation or restraint ; in which at the least , the equality of the government would be without objection , the penalties being exacted without remission from the dissenters in all kinds ; or if that will no● be done , ( as indeed there is no reason it should ) there is a necessity of some connivance to the protestant dissenters , to excuse that which must in humanity be allowed the papists , even without any leaning to them , which might be supposed in those who are or shall be in the administration of publick business ; and it will follow , that according to our circumstances the distribution of such connivances must be made in such a manner , that the greater part of it may fall on the protestant side , or else the objections will be so strong , and the inference so clear , that the friends as well as the enemies of the crown , will be sure to take hold of them . it will not be sufficient to say , the papists may be connived at because they are good subjects ; but , that the protestant dissenters must suffer because they are ill ones : these general maxims will not convince discerning men , neither will any late instances make them forget what hath passed at other times in the world ; both sides have had their turns in being good or ill subjects , and therefore it is easie to imagine what suspitions would arise in the present conjuncture , if such a partial argument as this should be imposed upon us . the truth is , the matter speaketh so much of it self , that it is not only unnecessary , but it may be unmannerly to say any more of it . our trimmer therefore could wish , that since notwithstanding the laws , which deny churches to say mass in , not only the exercise , but even the ostentation of popery , is as well or better performed in the chappels of so many forraign ministers , where the english resort , in spite of proclamations and orders of council , which are grown to be as harmless things unto them , as the popes bulls , and excommunication are to hereticks who are out of his reach , i say ; that he could wish , that by a seasonable as well as by an equal piece of justice , there might be so much consideration had of the protestant dissenters , as that there might be at some times and in some places a vail thrown over an innocent and retired conventicle : and that such an indulgence may be practised with less prejudice to the church , or diminution to the laws , it might be done , so as to look rather like a kind omission , to enquire strictly , than an allowed tolleration , of that which is against the rule established , such a skilful hand as this is very necessary in our circumstances , and the government , by making no sort of men entirely desperate , doth not only secure it self from the danger of any wild or villanous attempt , but layeth such a foundation for healing and uniting laws , when ever a parliament shall meet , that the seeds of difference and animosities betwixt the several contending sects may ( heaven consenting ) for ever be destroyed . the trimmers opinion concerning papists . to speak of popery leadeth one into such a sea of matter , that it is not easie to forebear lanching in it being invited , by such a fruithful theme , and by a variety never to be exhausted ; but to confine it to the present subject , i will only say a short word of religion it self , of its influence here at this time , and of our trimmer's opinion in relation of our manner of living with them . if a man would speak maliciously of this religion ; one might say it is like these diseases , where as long as one drop of the infection remaineth , there is still a danger of having the whole mass of blood corrupted by it . in swedland there was an absolute cure , and nothing of popery heard of till queen christian ( whether moved by arguments of this or the other world , would not be good manners to enquire ) thought fit to change her religion , and her country , and to live at rome , where she might find better judges of her vertues , and less ungentle censures of those princely liberties she was sometime deposed to , when she lived at stockholm where the good breeding of the climat is much inferiour to that of rome , as well as the civility of the religion : and the cardinals having refined the church from these clownish methods the fisher-men had first introduced , & mended that pattern so effectually , that a man of that age , if he should now come into the world , would not possibly know it . in denmark the reformation was intire . in some states of germany as well as geneva , the cure was universal . but in the rest of the world , where the protestant religion took place , the popish humour was too tough to be totally expelled ; and so it was in england , tho' the change was made with all the advantage imaginable to the reformation , it being countenanced and introduced by legal authority , and by that means perhaps have been as perfect as in any other place , if the short reign of edward the th , and the succession of a popish queen , had not given such advantage to that religion , that it hath subsisted ever since under all the hardships that have been put upon it , it hath been a closs compact body , and made the more so by their sufferings , it was not strong enough to prevail , but it was still able with the help of forraign support to carry on an interest which gave the crown trouble to make a considerable , not to say a dangerous , figure in the nation , so much as this would not have been without some hopes , nor these hopes kept up , without some considerable grounds . in queen elizabeth's time , the spanish zeal of their religion , and their revenge for ( ) gave warmth to the papists here ; and above all , the right of the queen of scots to succeed , was whilst she lived , sufficient to give them a better prospect of their affairs . in king james time , the spanish match and his gentleness towards them , kept them up , which they were ready to interpret more in their favours , than was either reasonable , or then became them , so little tenderness they have where it is most due , if the interest of their religion come in competition with it . as for the last king , tho' he gave the most glorious evidence , that ever man did of his being protestant , yet by the more then ordinary influence the queen was thought to have over him , and it so happening , that the greater part of his anger was direct against the puritans , there was such an advantage given to men disposed to suspect , that they were ready to interpret it a leaning towards popery , without which handl● , it was morally impossible that the ill affected part of the nation could ever have seduced the rest unto rebellion ; that which helped to confirm many well meaning men in their misapprehensions of the king , was the long and unusual intermissions of parliaments , so that every year that passed without one , made up a new argument to increase their suspitions , and made them presume that the papists had a principal hand in keeping of them off : this raised such heat in mens minds , to think that men who were obnoxious to the laws , instead of being punished , should have credit enough even to secure themselves , even at the price of destroying the fundamental constitutions , that it broke out into a flame , which before it could be quenched , had almost reduced the nation to ashes . amongst the miserable effects of that unnatural warr , none hath been more fatal to us , than the forcing our princes to breath in an other air , and to receive the earthly impression of a forraign education . the barbarity of the english toward their king , and the royal family , might very well tempt him to think the better of every thing be found abroad , and might naturally produce more g●ntleness towards a religion , by which he was hospitally received , at the same time he was thrown off , and persecuted by the protestants tho' his own subjects too , to aggravate the offence . the queen mother ( as generally ladies do ) with age grew more devout , and earnest in her religion , and besides the temporal rewards of getting larger subsidies from the french clergie , she had motives of another kind to perswade her to shew her zeal : and since by the roman dispensatory , a soul converted to the church , is a soveraign remedy , and layeth up a mighty stock of merit ; she was also solicitous to secure her self in all events , and therefore first ●et upon the duke of glocester , who depended so much upon her good will , that she might for that reason be induced to believe , that the conquest would not be difficult : but it so fell out , that he either from his own constancie , or that he had those near him by whom he was otherwise advised , choosed rather to run away from her importunity , than by staving , to bear the continual weight of it . 't is believed she had better success with another of her sons , who if he was not quite brought off from our religion , at least such beginnings were made , as made them very easie to be finished ; his being of a generous and aspiring nature , and in that respect less patient the drugery of arguing ; might propably help to recommend a church to him , that exempteth the laytie from the vexation of enquiring ; perhaps he might ( tho' by mistake ) look upon that religion as more favourable to the enlarged power of a king , a consideration that might have its weight with a young prince in his warm blood , and that was brought up in armies . i cannot hinder my self from a small digression to consider with admiration : that this old lady of rome , with all her wrinkles should yet have charms able to subdue great princes , so far from handsome , and yet so imperious , so painted and yet so pretending , after having abused , destroyed and murdered so many of her lovers , she still findeth others glad of her new charms : a thing so strange to indifferent judges , that those who will allow no other miracles in the church of rome , must needs grant that this is one not to be contested . she sitteth in her shop , and selleth at dare rates , her rattles and her hoby-horses , whilst the deluded world still continueth to furnish her with customers . but whether am i carried with this contemplation . it is high time to return to my text , and to consider the wonderful manner of the king 's coming home again , led by the hand of heaven , and called by the voice of his people , who received him , with a joy equall to the blessings which his restoration brought along with it . by this there was an end put to the hopes , some might have abroad , of makeing use of his less happy circumstances , to throw him into forreign interests or opinions , which had been wholly inconsistent with our religion , our laws and all other things that are dear to us ; yet with all this , something of those tinctures and impressions , might so far remain , as tho' they were very innocent in him , yet they might have ill effect here , by softning the animosity which seemeth necessary to the defender of the protestant faith , in opposition to such a powerfull and irreconcilable enemy . you may be sure , that among all other sort of men who applyed themselves to the king , at his first coming for his protection , the papists were not the last , nor ( as they fain would have flattered themselves ) the least welcome , having their past sufferings a swell as their present professions to recommend them : since so it happened , that the indulgence promised to dissenters at breda , was carried on in such a manner , that the papists were to divide with them . and though the parliament , notwithstanding its resignation to the crown in all other things , rejected with scorn and anger , a declaration formed for this purpose , yet the birth and steps of it gave such an alarm , that mens suspicions once raised were not easily laid a sleep again . to omit other things , the breach of the triple league , and the dutch warr , with its appertinences , raised jealousies to the highest pitch imaginable ; and fed the hopes of one partie , and the fears of the other to such a degree , that some very critical resolutions were generally expected : when the ill success of that warr , and the sacrifice france thought fit to make of the papists here to their own interest abroad , gave another checkt , and the act of enjoining the test to all in office , was thought no ill bargan to the nation , tho bought at the price of lib. and the mony applyed to the continuance of the warr against the dutch , then which nothing could be more unpopular or less approved . notwithstanding these discouragements , popery is a plant which may be mowed down , but the root will still remain , and in spight of the laws , it will sprout up and grow again , especially if it should happen , that there will ever be men in power , who in stead of weeding it out of our garden , will take cae to cherish it , and keep it alive and tho the law of excluding them from places , was to tolerably kept , as to the outward form , yet there were many circumstances which being improved by the quick sighted malice of ill affected men , did keep up the world in their suspicions , and blow up jealousies to such a hight , both in and out of parliament , that the remembrance of them is very unpleasant , and the examples so extravagant , that it is hoped in our age , nothing like it will be attempted . but to come closer to the case in question , in this condition we stand with the papists , what shall now be done according to our trimmers opinion , in order to the better bearing this grievance ; since as i have said before there is no hope of being intirely freed from it . papists we must have among us , and if their religion keepeth them from bringing honey to the hyve , let the government try , at lea●t by gentle and not by violent means , to take away the sting from them . the first foundation to be laid is , that a distinct consideration is to be had of the popish clergy , who have such an eternal interest against all accommodation , that it is a hopless thing to propose any thing to them less then all ; their stomachs having been set for it since the reformation . they have pined themselves to a principle , that will admit no mean , they believe protestants must be damned , and therefore by an extraordinary effect of christian charity , they would destroy one half of england , that the other might be saved . then for this world they must be in possession for god almighty , and receive his rents for him , not to accompt till the day of iudgement , which is a good kind of tenure , and you cannot well blame the good men , that they stir up the laity to run any hazard , in order to the getting them restored . what is it to the priest , if the deluded zelot undoeth himself in the attempt , he singeth mass as jollily ; and with as good a voice at rome , or st. omers as ever he did ; he is a single man and can have no wants , but such as may be easily supplied : yet that he may not seem altogether in●ensi●le or ungrateful to those who are his martyrs , he is ready to assure th●ir executors , and if they please will procure a grant sub annulo piscatoris that the good man by being hanged hath got a great bargain , and saved a singing of some hundred of years , which he would else have had in purgatory . there is no cu●e for this order of men , no expedient to be proposed : so that tho' the outmost severity of the laws against them may in some sort be mitigated , yet no treaty can be made wi●h them , who in this case have left themselves no free will , but are musled by zeal , tyed by vows , and kept up by such unchangeable maxims of the priest-hood ; that they are to be left as desperate patients , and to be looked upon as men who will continue in an eternal state of h●stility , till the nation is intirely subdued unto them . it is therefore only the lay papist that is capable of being treated with . and we are to examine of what temper he is , what arguments are most like to prevaile upon him , and how far it is adviseable for the government to be indulgent to him . the lay papists generally keep their religion , rather because they will not break company with those of their own party , than out of a settled zeal that hath any root in them . most of them do by the mediation of the priests , marrie amongst one another ; and so keep up an ignorant opposition , by hearing only one side . others look upon it as the better scutcheon , the more ancient religion of the two ; and as some men of good pedegree will despise meanner men , tho never so much superior to them by nature : so those undervalue the reformation as an upstart , and think that there is more honour in supporting an old error , them embracing what seemeth to them a new truth . the laws have made men of pleasure , by excluding them from publick business , and it hapneth well that they are so , since they will be more easily perswad●d by arguments of ease and conveniencie to them . they have not put off the man in general , nor the english man in particular ; those who in the late storme against them , went into other countries , tho they had all the advan●ages that might recommend them to a good reception , yet after a little while they choose to steal over again , and live here with hazard , rather then abroad with security . there is a smell in our native earth , better then all the perfumes of the east . there is something in a mother tho never so angry , that the children will naturally trust sooner then the most studied civilties of strangers , let them be never so hospital . therefore it is not adviseable , nor at all agreeing with the rules of governing prudence , to provoke men by hardships to forget that nature which else is sure to be on our side . when these men by fair usage are put again into their right senses they will have quite differing reflections from those which rigor and persecution had raised in them . a lay-papist will first consider his abbey lands , which notwithstanding what ever hath been or can be alledged , must certainly sink considerably in the value the moment that popery prevaileth , and it being a disputable matter whether zeal might not in a little time get the better of the law , in this case a considering man would admit that as an argument to perswade him to be content with things as they are , rather then run this , and the other hazard by a change , in which perhaps he may have no other advantage , ●han that his own humble confessor may be raised to a bishoprick , and from thence look down superciliously upon his patron , and which is worse , come to take possession for god almighty of his abbey , in such a manner that the u●urping land lord ( as he will there be called ) shall hardly be admitted to be so much as a tennent unto his own land , left his title might prejudge that of the church , which will then be the language . he will think what advantage it is to be looked upon , as a separate creature , depending upon a forreign interest and authority , and for that reason exposed to the jealousie and suspicion of his country-men . he will reflect what an incumbrance it is to have his house a pasture for hungry priests to grass in , who have such a never failing influence upon the foolish , which is the greatest part of every mans family , that a mans dominion even over his own children is mangled and divided , if not totally underminded by them . then to be subject to what arbitrary taxes the popish convocation shall impose upon them for the carring on the common interest of that religion , under the penalty of being marked out for half an heretick , by the rest of the party : to have no share in business , no opportunity of shewing his own value to the world , to live at the best an useless , and by others to be thought a dangerous member of the nation where he is born , is a burden to a generous mind that cannot be taken off by all the pleasures of an easie unmanly life , or by the nauseous enjoyment of a dull plenty , that produceth no food for the mind , which will ever be considered in the first place , by a man that hath a soul. when he shall think , that if his religion should after wading through a sea of blood , come at last to prevail it would infinitly lessen , if not intirely destroy the glory , riches , strength , and liberty of his own country ; and what a sacrifice is this to make to rome , whe●e they are wise enough to wonder there should be such fools the world , as to venture , strugle and contend , nav even to die martyrs for that , which should it succeed , would prove a judgement , instead of a blessing to them . he will conclude that the advantages of throwing some of their children back again to god almighty , when they have too many , are not equal to inconvenie●cies they may either feel or fear by continuing their separation from the religion established . mortal things will have their weight in this world ; and tho' zeal may prevail for a time and get yet the better in a skirmish , yet the war endeth generally on the side of flesh and blood , and will do so , till mankind is another thing then it is at present : and therefore a wise papist in cold blood considering these and many other circumstances , will believe it worth his pains to try if he can unmufle himself from the mask of infalibility , and we think it reasonable to set his imprisoned senses at liberty , and that he hath a right to see with his own eyes , hear with his own ears , and judge with his own reason ; the consequence of which , migh● probably by the weighting things in a right scale , and seeing them in their true colours , be able to make him distinguish between the merit of suffering for a right cause , and the foolish ostentation of drawing inconveniencies upon himself , and therefore will not be unwilling to be convinced that our protestant creed may make him happy in the next , and easier in this world : a few of such wise prosylites would by their example draw so many after them , that the party would insensibly melt away and in a little time , without an angry word , we should come to an union , that all good men would have reason to rejoyce at . but we are not to presume upon these conversions , without preparing men for it , by kind and reconciling arguments ; nothing is so against our nature as to believe those can be in the right , who are too hard upon us ? there is a deformity in every thing that doth us hurt , it will look scurvily in our eye whilst the smart continueth , and a man must have an extraordinary measure of grace to think well of a religion , that reduceth him and his family to misery ; in this respect our trimmer would consent to a mitigation of such laws as were made ( as is said , henry the th got queen elizabeth ) in a heat against rome . it may be said , that even states as well as private men are subject to passions , a just indignation of a villanous attempt produceth at the time such remedies as perhaps are not without a mixture of some revenge : and therefore tho' time cannot repeal a law , it may by a natural effect soften the execution of it . there is less danger to rouse lyons when they are at rest , than to awake laws that are intended to have their time of sleeping ; nay , more than that , in some cases their natural periods of life too are dying of themselves , without the solemnity of being revocked any other wayes , than by the common consent of mankind , who cease to execute , when the reasons in great measure fall , that first created and justified the rigour of unusual penalties : our trimmer is not eager to pick out sore places in histories against this or any other partie ; quite contrary , is very solicitous to find out any thing that may be healing , or tend to an agreement . but to prescribe the means of this gentleness , so as to make it effectual , must come from the only place that can furnish remedies for this cure ; viz. a parliament : in the mean t●me it is to be wished , there might be such a mutual calmness of mind , that the protestants might not be so j●●●ous , as still to smell the match which was to have blown up the king and both houses in the gun powder treason , or to star● at every appearance o● popery , as if it was just taking possession . on the other side , that the papists may not suffer themselves to be led by any hopes , tho' never so flattering , to a confidence or ostentation which must provoke men to be less kind to them ; that they may use modesty on their side , and the protestants indulgence on theirs . by this means there would ●e an overlooking of all venial faults , a tacite connivance at all things that did not cary scandal withthem , & it would amount to a kind of natural dispensation with the severe laws , since there would be no more accusers , were the occasions of anger and animosities once removed . let the papists in the mean time remember , that there is a respect due from all lesser numbers to greater . a deference to be payed by an opinion that is exploded , to one that is established : such a thought well digested , will have an influence upon their behaviours , and produce such a temper , as must win their eager adv●rsaries out of their ill humour to them , and give them a title to all the favour that may be consistent with the publick peace and securitie . the trimmers opinion in relation to things abroad . the world is so composed , that it is hard if not impossible for a nation not to be a good dale involved in the state of their neighbours : and tho by the felicity of our situation , we are more independent than any other people ; yet we have in all ages been concerned for our own sakes in the revolutions abroad . there was a time when england was an ove●-ballancing power of christendom , and that either by inheritance or conquest , the better part of france received laws from us. after that , we being reduced into our own limi●s , france and spain became the rivals for the universal monarchie ; and our third power , tho in it self less than either of the other ●●apned to be superior to any one of them , by the choice we had of throwing the scales on that side to which we gave our friendship . and we do not know whether this figure did not make us great as our former conquests , to be a perpetual umpire between the two great contending powers , who gave us all their courship , and offered all their incense at our altar , whilst their fat seemed to depend upon the oracles we delivered . for a king of england to sit on his throne ( as in a supreme court of justice with the last appeal of two great monarchs pleading their cause , and expecting the sentence declaring which side was on the right , or at least ( if we pleased ) which side should have the better of it ) was a piece of greatn●ss which was peculiar to us ; and no wonder if we endeavoured to preserve it , as we did for a considerable time : it being our sa●tie as well as our glory to maintain it . but by a fatality upon our councils , or by the refined policy of this latter age , we have thought fit to use industry to destroy this mighty power which we had so long enjoyed ; and that equality between the two monarchs which we might for ever have preserved , hath been chiefly broken by us , whose interest above all things it was to have maintained it . when one of them like the overflowing of the sea , had gained more upon the other then our conveniencie or indeed our safety would allow , instead of mending the banks or making new ones , we our selves with our own hands helped to cut them , to invite and make way for a farther inu●dation . spain and france have had their several turns of making use of our mistakes , and we have been formerly as deaf to the then weaker part of the world , to help them against the house of austria , as we can now be to the earnestness of spain , that we would assist them against the power of france . gondemar was as saucy and as powerful too in k : iame's his court , as any french ambassador can have been in any time since ; men talked as wrong then on the spanish side , and made their court as well by it , as any can have done since by talking as much for the french. so that from that time , instead of weighing in a false ballance the power of either crowns , it looketh as if we had learned only to weigh the pensions and take the heaviest . it would be tedious as well as unwelcome to recapitulat all our wrong steps , so that i will go no farther than the king's restoration , at which time the ballance was on the side of france , and that by the means of cromwel , who for a separate interest of his own , had sacrificed that of the nation , by joyning with the stronger side to suppress the power of spain , which he ought to have supported : such a method was natural enough to an usurper , and shewed he was not the lawful father of the people , by having so li●tle care of them . and the example coming from that hand , one would think for that reason should be less likely to be followed . but to go on , here cometh the king followed with courtship , from all nations abroad ; of which , some did it , not only to make him forget how familiarly they had used him whilst he was in other circumstances , but to bespeak the friendship of a prince , who besides his other greatness was yet more considerable by being re established by the love of his people . france had an interest either to dispose us to so much good will , or at least to put us in such a condition , that we might give no opposition to their designs : and flanders being a perpetual object in their eye , a lasting beauty for which they have an incurable passion , and not being kind enough to consent to them , they meditat to commit a rape upon her ; which they thought would not be easie to do , whilst england and holland were agreed to rescue her , when ever they should hear cry out for help to them . to this end they put in practice seasonable and artificial whispers to widen things between us and the states ; amboyna , and the fishery must be talked of here ; the freedom of the seas , and the preservation of trade insinuated there , and their being combustible matter on both sides , in a little time it took fire , which gave those that kindled it sufficient cause to smile , and hug themselves to see us both fall into the net , they had laid for us . and it is observable and of good example to us if we will take it , that their design being to set us together at cuffs to weaken us , they kept themselves indifferent and lookers on , till our victories begun to break the ballance : and then the king of france like a wise prince was resolved to support the beaten side , and would no more let the power of the sea , than we ought to suffer the monarchy of europe , to fall into one hand . in pursuance to this , he took part with the dutch , and in a little time made himself umpire of the peace between us. sometime after upon a pretence of his queen's title to a part of flanders by right of devolution , he falleth into it with a mighty force , for which the spaniards were so little prepared , that he made a very swift progress , and had such a torrent of indisputed victory , ● that england and holland ( tho the wounds they had given one another were yet green ) being struck with the apprehension of so near a danger to them , thought it necessary for their own defence to make up a sudden league ( into which sweden was taken in ) to interpose for a peace between the two crowns . this had so good an effect , that france was stopped in its career , and the peace of aix la chapel was a little after concluded : it was a forced putt , and the french wisely dissembled their dissatisfactions ; yet from the very moment , they re●olved to unty this triple knot what ever it cost them : for his christian majesty after his conquering meals , ever riseth with a stomach , and he liked the patern so well , that it gave him a longing to have the whole piece . amongst the other means used to attain this end , the sending over the dutches of orleans , was not the least powerful ; she was a very welcome guest here , and her own charms and dexterity joyned with all other advantages which might help her perswations , gave her such an ascendent , that she could hardly fail of success . one of the preliminaries of her treaty , tho' a trivial thing in it self , yet was considerable in the consequence , as very small circumstances are in relation to the government of the whole world. about that time a general humour in opposition to france , had made us throw of● their fashion , and put on vests , that we might look more like a distinct people , and not be under the servility of imitation , which ever payeth a greater deference to the original , than is consisting with the equality , all independing nations would pretend too . france did not like this small beginning of ill humour , or at least of emulation ; and wisely considering , that it is a natural introduction , first to make the world their apes , that they may be afterwards their slaves : it was thought that one of the instructions madam brought along with her , was to laugh us out of these vests , which she performed so effectually , that in a moment , like so many footmen that had quited their masters livery , we all took it again , and returned to our service : so that the very time of doing it gave a critical advantage to france , since it looked like an evidence of our returning to their interests , as well as to their fashion ; and would give such a distrust of us to our new all●yes , that it might facilitate the dissolution of this knot , which tyed them so within their bounds , that they were very impatient till they were freed from the restraint . but this lady had a more bounded commission than this , and had no doubt laid the foundation of making a new strict allyance lately engaged ; and of this there was such early appearances , that the world began to look upon us as falling into apost●cy from the common interest . notwithstanding all this , france did not neglect at the same time to give very good words to the dutch , and even to feed them with hopes of supporting them against us ; when on a sudden , that never to be forgotten declaration of war against them cometh out , to vindicate his own glor● , and to revenge the injuries done to his brother of england ; by which he became our second in this duel ; so humble can this prince be ! when at the same time he doth us more honour then we deserved , he layeth a greater share of the blame upon our shoulders then did naturally belong to us . the particulars of that war ; our part in whilst we sta●ed in , and when we were out of breath , our leaving the french to make an end of it , are things too well known to make it necessary , and too unwelcome of themselves to make me repeat them . only the wisdom of france is in this to be observed , that when we had made a separate peace , which left them single to oppose the united force of the confederates , they were so far from being angry , that they would not so much as shew the least coldness , hoping to get as much by our mediation for a peace as they would have expected from our assistance in the war , our circumstances at that time considered . this seasonable peace of indulgence in not reproaching us , but rather allowing those necessities of state , which we gave for our excuse , was ●uch an ingaging method , that it went a great way to keep us still in his chains , when to the eye of the world , we had absolutely broken loose from them ; and by what passed afterwards at nemeghen , tho' the kings neutrality gave him the figure of a mediator , it appeared that his interposition was extremely suspected of partiality by the confederats , who upon that ground did both at , and before the conclusion of the treatie , treate his ministers there with a great dale of neglect . in this peace as well as that of the pireneans , and of aix la chapel , the k : of france at the moment of making , had the thoughts of breaking of it ; for a very little time after he broached his pretentions upon a lost , &c. things had they been offered by a less formidable hand , would have been smiled at . but ill arguments being seconded with good armies , carry such a power with them , that naked sense is a very unequal adversary : it was thought that those airie claims were raised with the getting of luxenburgh for the equivalent ; and this opinion was confirmed by the blocking it up after pretending to the county of chimay ; and that it might be intirely surrendred to the french dominions , it was so pressed that it most have fallen in a little time , if the king of france had not sent orders to his troops to retire , and his christian generosity which was assigned for the reason of it , made the world smile , since it was seen how differently his devout zeal worketh in hungarie . that sp●cious reason was in many respects ill timed , and france it self gave it so faintly , that at the very time it looked out of countenance . the true ground of this retireing is worth our observation , for at the instance of the confeder●tes , offices were done , and memorials given , but all ineffectual till the word parliament was put into them ; that powerful word had such an effect , that even at that distance , it raised the siege , which may convince us of what efficacy a king of englands words are , when he will give them their full weight , and threaten with his parliament . it is then that he appeareth , that great figure we ought to represent him in our minds ; the nation his body , he the head , and joyned with that harmony , that the very word he pronounceth is the word of a kingdom , such words ( even by this example ) are as effectual as fleets or armies , because they can creat them : and without this , his words found abroad , like a faint wisper , that is either not hard , or which is worse , not minded . but tho' france had made this step of forced complyance , it did not mean to leave off the persuit of their pretensions ; and therefore immediately proposed the arbitration of it to the king. but it appeared that notwithstanding his merits towards the confederates , in saving luxenburgh , the remembrance of what passed before had left so ill a taste in their mouths , that they could not relish our being put in a condition , to dispose of their interests , and therefore declined it by insisting upon a general treaty , to which france hath ever since continued averse . our great earnestness to p●●swade the confederates to consent to it , was so unusual and suspitious a method , that it might naturally make them believe , that france spoke to them by our mouth ; and for that reason ( if there had been no other ) might hinder their accepting it . and so little care hath been taken to cure this or other jealousies the confederates might have entertained , that quite contrary their ministers take every day fresh alarms , from what they observe in smal , as well as in great circumstances ; and tho they , both being apt to take and improve apprehensions of this kind , draw such inferences from them , as make them entirely despair of us . thus we now stand , far from being innocent specta●ors of our neighbours ruine , and by a fatal mistake forgetting what a certain forerunner it is to our own . and now it 's time that our trimmer should tell somewhat of his opinion upon this present state of things abroad . he first professeth to have no byass either for , or against france , and that his thoughts are wholly directed by the interest of his own country . he alloweth and hath read , that spain used the same methods when it was in it's height as france doth now ; and therefore it is not partiality that moveth him , but the just fear that all reasonable m●n must be possessed with of a● overgrown power . ambition is a devouring beast , when it hath swallowed one province , instead of being cloyed with it , it hath so much the greater stomach to another ; and by being fed becometh still the more hungry : so that for the confederates to expect a security from any thing but from their own united strength , is a most miserable fallacy ; and if they cannot resist the incr●achments of france by their armes , it is in vain for them to dream of any other means of preservation . it would have better grace , besides the saving of so much blood and ruine , to give up all at once , make a present of themselves to appease this haughty monarch , rather than be whispered , flattered , or cozned out of their liberty . nothing is so soft as the first applications of a great prince to engage a weaker , but that smiling countenance is but a vizard , it is not the true face , for as soon as the turn is served , the courtship falleth to some other prince or state , where the same part is to be acted , leaveth the old mistaken friend to neglect and contempt ; and like an insolent lover to a chaste mistris , reproacheth her even with the infamy of which he himself was the author . sweden , bavaria , palatineat , &c. may by their fresh example teach other princes what they are reasonably to expect , and what snakes are hidden under the flowers which the court of france so liberally throweth upon them , whilst they can be useful . the various methods , and the deep intrigues , the different notes , in several countries , doth not only give suspicion , but assurance , that every thing is put in practice by which the universal monarchy may be obtained : who can reconcile the withdrawing his troops from luxenburgh in consideration of the war in hungarie , which was not then declared , and presently thereafter encouraging the turk to take vienna , and consequently to destroy the empire ! or who can think that the persecution of the poor protestants in france will be accepted by god as an attonment for hazarding the loss of the whole christian faith ? can he be thought in earnest when he would seem afraid of the spainards , and for that reason must have luxenburgh ? and that he cannot be safe from germany , except he be in possession of strasburgh ? all injustice and violence must in it self be grievous ; but the aggravation of supporting them by false arguments and insulting reasons , hath something in it yet more provoking , then the injuries themselves : and the world hath ground enough to apprehend from such a method of arguing , that even their senses are to be subdued as well as their liberties . then the several varities of arguments used by france in several countries is very observable . in england and denmark nothing is insisted on , but the greatness and authority of the crown . on the other side the great men in poland , are commended who differ in opinion with the king , and they argue like kind friends to the priviledges of the diet , against the separate power of the crown : in sweden they are something troubled that the king should have changed somethings there of late by his ●ingle authoritie from the ancient and settled constitution . at ratisbone his most christian majestie taketh the liberties of all the electors and free states into his immediate protection , and telleth them the emperor is a dangerous man , an aspiring hero , that would infallibly devour them , if he was not at hand to resist him in their behalf : but above all , in holland he hath the most oblidging tenderness for the common wealth , and is in such disquiets lest it should be invaded by the prince of orange , that they can do no less in gratitude than to undoe themselves when he biddeth , to shew how sensible they are of his good nature . yet in spite of all these contradictions , there are in the world such very refin'd states men , as will upon their credit affirm the following paradoxes to be real truths . first , that france alone is sincere , and keepeth its faith ; and consequently , that it is the only friend we can rely upon . that the king of france of all men living hath the lest mind to be ● conqueror that he is a sleepy tame creature , void of all ambition , a poor kind of a man , that hath no further thought than of being quiet . that he is charmed by his friendship to us , that it is impossible he should ever do us hurt : and therefore tho flanders was lost , it should not in the least concern us. that he would fain help the crown of england to be absolute , ; which would be to take pains to put us in a condition to oppose him ; as it is and must be our interest as long as he continues in such an overballancing greatness . such a creed as this , if once received , might prepare our belief for greater things : and as he that taught men to eat a dagger , began first with a pen knife ; so if we can be prevailed with to digest these smaller mistakes , we may at last make our stomacks strong enough for that of transubstantiation . our trimmer cannot easily be converted out of his senses by these state sophisters , and yet he hath no such peevish obstinacy , as to reject all correspondence with france , because we ought to be apprehensive of the too great power of it . he would not have the kings friendship to the confederates extend to the involving him in any unreasonable or dangerous engagements , neither would he have him lay aside the considerations of his better establishment at home , out of an excessive zeal to secure his allies abroad ; but sure there might be a mean between the two opposite extremes , and it may be wished that our friendship with france should at least be so bounded , that it may consist with the honour as well as with the interest of england . there is no woman but hath her fears of contracting too great an intimacie with a much greater beauty , because it exposed her too often to a comparison that is not advantagious to her : and sure it may become a prince to be as jealous of his digntty , as a lady ●an be of her good looks ; and be as much out of countenance to be thought an humble companion to so much a greater power , to be alwayes seen in such an ill light , to be so darkned by the brightness of a greater star , is somewhat mortifying . and when england might ride admiral at the head of the confederates , to look like an kitchin yaught to the grand lewis , is but a scurvy figure for us to make in the mapp of christendom ; it would rise upon our trimmers stomach if ever ( which god forbid ) the power of calling and intermitting parliaments here , should be transferred to the crown of france , and that all the opportunities of our settlements at home , should give way to their degsins and projects abroad ; and that our interest should be so far sacrificed to our humour , that all the omnipotence of france , can never make us full amends for it . in the mean time , he shrinketh at the dismal prospect he can by no means drive away from his thoughts , that when france hath gathered all the fruit arising from our mistakes , and that we can bear no more , they they will cut down the tree and throw it into the fire . all this while some superfine statesmen to comfort us , would fain perswade the world , that this or that accident may save us , and all which is or ought to be dear to us , would have us rely meerly upon chance , not considering that fortune is wisdoms ●reature ; and that god almighty loveth to be on the wisest as well as on the strongest side : therefore this is such a miserable shift , such a shameful evasion , that they would be laughed to death for it , if the ruining consequence of this mistake did not more dispole men to the rage and detestation of it . our trimmer is far from idolatry in other things , and in one thing only he cometh somewhat near it , his countrey is in some degree his idol ! he doth not worship the sun , because it is not peculiar to us , it ram●leth about the world , and is less kind to us then it is to other countries ; but for the ●arth of england , tho perhaps inferiour to many places abroad , to him there is divinitie in it , and he had rather die then see a spi●e of english grass trampled upon by a forreign grashopper . he thinketh that there are a great many of his mind , for all plants are not to taste of the soil in which they grow and we that grow , here have a root that produceth in us a stock of english juice , which is not to be changed by grafting or forreign in●usion , and i do not know whether any thing less will prevail then the modern experiment , by which the blood of one creature is transmitted into another ; according to which , before the french blood can be let into our bodies , every drop of our own must be drawn out of them . our trimmer cannot but lament that , by a sacrifice too great for one nation to make to another , we should live like a rich mine made useless for want only of being wrought , and that the life and vigor which should move us against our enemies is miserably applyed to tear our own bowels . that being made by our happy situation not only safer , but if we please greater too , then countries which far exceed us in extent ; that having courage by nature , learning by indust●y , riches by trade , we should corrupt all those advantages , so as to make them insignificant , and by a fatality which seemeth peculiar to us , misplace our active rage one against another , whilst we are turned into statues on that side where lyeth our greatest danger to be inconcerned , not only at our neighbours ruine but our own , and let our island ly like a great bulk in the sea , without rudder or sails , all the men cast away in her , or as if we were all children rocked a sleep to a forreign tune , i say when our trimmer representeth to his mind , our roses blasted and discoloured , whilst the lillies triumph and grow insolent upon the comparison ; when he considereth our once flowrishing laurels now withered and dying , and nothing le●t us but the remembrance of a better part in history , then we shall make for the next age , which will now be no more to us than a scutcheon hung up●n our doors when we are dead ; when he foreseeth from hence growing , infam●e from abroad , confusion at home , and all this without the possibility of a cure , in respect of the voluntary fetters , good men put upon themselves by their allegiance , without a great measure of preventing grace , he would be tempted to go out of the world like a roman philosopher , rather than endure the burden of li●e under such a discouraging prospect . but mistakes as all other have their periods , and many times the way to cure is not to oppose them , but stay till they are crushed with their own weight : for nature will not allow any thing to continue long that is violent ; violence is a wound , and a wound must be cureable in a little time , or else it is mortal : but a nation cometh near being immortal , therefore the wound will one time or another be cured , tho perhaps by such rough methods , if too long ●oreborn , as may make even the best remedies we can propose , to be at the same time a melancholly contemplation to us . there is but one thing ( gods providence excepted ) to support a man from sinking under these afflicting thoughts , and that is the hopes we draw singly from the king himself , without the mixture of any other consideration . tho' the nation was lavish of their kindness to him at his first coming , yet there remaineth still a stock of warmth in mens hearts for him , besides the good influences of his happy planet are not yet all spent : and tho' the stars of men past their youth are generally declining , and have less force , like eyes of decaying beauties ; yet , by a ble●●ing peculiar to himself , we may yet hope to be saved even by his autumnal fortune . he hath something about him that will draw down a healing miracle for his and our deliverance . a prince that seemeth fitted for such an offending age , in which mens crimes have been so generall , that the not foregiving his people had been destroying them ? whose gentleness giveth him a natural dominion that hath no bounds , with such a noble mixture of greatness and condescention , an engaging look that disarmeth men of their ill humour , and their resentments , something in him that wanteth a name , and can no more be defined than it can be resisted , a gift of heaven of its last finishing , where it will be peculiarly kind ! the only prince in the world that dares be familiar , or that hath right to triumph over those forms which were first invented to give aw to those that could not judge , and to hid defects from those that could : a prince that hath exhausted himself by his liberality , and endangered himself by his mercy , who only shineth by his own light , and by his natural vertues excelleth all the varnish of studied acquisitions ; his faults are like shades to a good picture , or like allay to gold to make it more useful ; he may have some , but for any man to see them through so many reconciling vertues , is a sacrilegious piece of ill nature , of which no generous mind can be guilty . a prince that deserveth to be loved for his own sake , even without the helps of a comparison , our love , our duty , and our danger , all join to cement our obedience to him : in short whatever he can do , it is no more possible for us to be angry with him , than with the bank that secureth us from the raging sea , the kind shade that hideth us from the scortching sun , the welcome hand that reacheth us a reprive , or with the guardian angel that rescueth our soul from the devouring jaws of wretched eternity . the conclusion . to conclude , our trimmer is so fully satisfied of the truth of those principles by which he is directed in reference to the publick , that he will neither be bauled , threatned , laughed , nor drunk out of them ; and instead of being convicted by the arguments of his adversaries to their opinion he is very much confirmed in his own by them . he professeth solemnly that were it in his power to choose , be rather have had his ambition bounded by the commandments of a wise and great master , then let it range with a popular licence , tho' crowned with success . yet he cannot commit such a sin against the glorious thing called libertie , or let his soul stoop so much below it self , as to be content without repining to have his reason intirely subdued , or the priviledge of acting like a sensible creature torn from him by the imperious dictates of unlimited authority , in what hands soever it happeneth to be placed . what is there in this , that is so criminal as to deserve the penalty of that most singular apothegm , a trimmer is worse than a rebel ? what do angry men aile to rail so against moderation ? doth it not look as if they were going to some scurvie extreme , that is too strong to be digested by the more considering part of mankind . these arbitrary methods , besides the unjustice of them are , god bethanked , very unskilful too , for they fright the birds by talking so loud from coming into the net that is laid for them . when men agree to riffle a house , they seldom give warning , or blow a trumpet ; but there are some small states men who are so full charged with their own expectations , that they cannot contain ; and kind heaven by sending such a seasonable case upon their understandings , hath made their ignorance an antidote against their malice ; some of these cannot treat peaceably , yeelding will not satisfie them , they will have men by storm . there are others who must have plots to make their service necessary , and have an interest to keep them alive since they are to live upon them ; these men would perswade the king to retrench his own greatness , so as to shrink into the head of a party , which is a betraying him into such an un-princely mistake , and into such a wilful diminution of himself , that they are the last enemies he ought to allow himself to forgive . such men , if they could , would prevail with the sun to shine only upon them and their friends , and to have all the rest of the world in the dark . this is a very unusual monopoly , and may come within the equity of the law , which maketh it treason to imprison the king , when such unfitting bounds are put to his favour , and be confined to the narrow circle of a particular set of men , that would enclose him . these honest and only loyal gentlemen , if they may be allowed to bear witness for themselves , make a king their engine , and degrade hi● into a property , at the ver● time that their flattery would make him believe that they payed divine worship to him . besides thes● there is a flying squadron on both sides , that are afraid the world should agree , small d●blers in conjuring , that ra●se angrie apparitions to keep men from being reconciled ; like wasps they flie up and down , buz and sting to keep men unquiet ; but those insects are commonly short lived creatures , ●nd no doubt in a little time mankind will be rid of them : they were gyants at least who on●e fought against h●aven , but for such pigmees as these to contend against it , it is such a provoking folly , that the insolent buglers ought to be laughed and hissed out of the world for it . they should consider , there is a soul in that great body of the people , which may for a time be drowsie and unactive ; but when the leviathan is roused , it mov●th like an angry creature , and will neither be convinced nor resisted . the people can never agree to show their united power , till they are extremely tempted and provoked to it : so that to apply cuping-glasses to a great beast naturally disposed to sleep , and to force the same thing whether it will or no to be valiant , must be learned out of some other book than machiavel , who would never have prescribed such a preposterous method . it is to be remembred , that if princes have law and authority on their side , the people on theirs may have nature , which is a formidable adversaty . duty , justice , religion , na● even humane prudence to● biddeth the people suffer every thing rather than resist : but corrupted nature where ever it feeleth a smart will run to the nearest remedy . mens passions are in this case to be considered as much as their dut● , let it be never so strongly enforced ; for if their passions are provoked , they being as much a part of us as any of our limbs , they lea● men into a short way of arguing that admitteth no distinctions , and from the foundations of self defence : they will draw inferences that will have miserable effects upon the quiet of a government . our trimmer therefore dreadeth a general discontent , because he thinketh it differeth from a rebellion , only as a sp●ted fever doth from the plague , the same species under a lower degree of malignity ; it worketh several wayes , sometimes like a slow poyson that hath its effects a great distance from the time that it is given , sometimes like dry flax prepared to catch at the first fire , or like seed in the ground ready to sprout upon the first shower , in every shape it is fatal . and our trimmer thinketh no pains or caution can be too great to prevent it . in short , he thinketh himself in the right , grounding his opinions upon that truth , which equally hateth to be under the oppression of wrangling sophi●●r● of one side , or the short dictates of mistaken authority on the other . our trimmer adoreth the goddess truth , tho in all ages she hath been scurvily used , as well as those that worshipped her . it is of late become such a reigning vertue , that mankind seemeth to be agreed , to commend and avoid it , yet the want of practice which repealeth all other laws , hath no influence upon the law of truth , because it hath a r●●t in heaven , and an intrinsick value in it self that can never be impared . she sheweth her greatness in this , that her enemies even when they are succesful , are ashamed to own it . nothing but powerful truth hath the prerogative of triumphing not only ●ver victory , but in spite of it , and to put conquest it self out of countenance : she may be kept under and suppressed , but her dignity still remaineth with her even when she is in chains . false-hood with all its impudence hath not enough to speak ill of her before her face ; such majesty she carrieth about her , that her most prosperous enemies are fain to whisper their treason ; all the power on earth can never extinguish her , she hath lived in all ages , and let the mistakes of prevailing authority christen any opposition to it with what name they please , make it not only an ugly and unmannerly thing to profess it , she hath lived so still very retiredly indeed ; nay , sometimes so buried , that only some few of the more discerning part of mankind could have a glimpse of her : with all she hath eternity in her , she knoweth not how to die , and from the darkest clouds that can shade or cover her , she breaket out from time to time with triumph for her friends , and terror to her enemies . our trimmer therefore inspired by this divine vertue , thinketh fit to conclude with these assertions , that our clymat is a trimmer between that part of the world where men are roasted , and the other where they are frozen : that our church is a trimmer between the phrenzie of phanatick visions , and the lethargick ignorance of popish dreams . that our laws are trimmers between the excesses of unbounded power , and the extravagance of liberty not enough restrained . that true vertue hath ever been thought a trimmer , and to have its dwelling in the midle between the two extremes ; that even god almighty himself is divided between his two great attributes , his mercy , and his justice . in such company our trimmer is not ashamed of his name , and wilingly leaveth to the bold champions of either extremes , the honour of contending with no less adversaries than nature , religion , liberty , prudence , humanity , and common-sense . finis . intelligent reader , if this be pleasant to thy taste , expect two such dishes from the said author ; viz. reasons against repealling the acts of parliament concerning the test . the other , a letter to a dissenter , &c. the absurdity of that new devised state-principle, (viz.) that in a monarchy, the legislative power is communicable to the subject, and is not radically in soveraignty in one, but in more in a letter to a friend. brydall, john, b. ? approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing b estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the absurdity of that new devised state-principle, (viz.) that in a monarchy, the legislative power is communicable to the subject, and is not radically in soveraignty in one, but in more in a letter to a friend. brydall, john, b. ? p. printed for t.d., and are to be sold by randal taylor ..., london : . attributed to john brydall. cf. wing ( nd ed.). reproduction of original in huntington library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng prerogative, royal -- great britain. great britain -- politics and government -- - -- sources. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - taryn hakala sampled and proofread - taryn hakala text and markup reviewed and edited - pfs batch review (qc) and xml conversion the absurdity of that new devised state-principle , ( viz. ) that in a monarchy , the legislative power is communicable to the subject , and is not radically in soveraignty in one , but in more . in a letter to a friend . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . hand multos regnare bonum est , rex unius esto . london , printed for t. d. and are to be sold by randal taylor , near stationers hall , . sir , you cannot but remember , that at our last meeting , there happened betwixt us , a hot dispute touching co-ordination , occasioned by your reading the day before a tract , not long since exposed to publick view , and intituled , by the author thereof , an account of the growth of knavery , &c. in a letter to a friend , ( in answer to two pamphlets , the one styled , an account of the growth of popery and arbitrary government in england ; the other , a seasonable argument to perswade all the grand juries in england to petition for a new parliament ; ) in which said tract there are some passages that seem very distastful to your palat , but more especially that sentence ( pag. & . ) concerning the legislative power thus expressed by our author . the making of laws ( sayes he ) is a peculiar and incommunicable priviledge of the supream power ; and the office of the two houses in this case , is only consultive or preparative , but the character of the power , rests in the final sanction , which is in the king ; and effectually the passing of a bill is but the granting of a request ; the two houses make the bill 't is true , but the king makes the law , and 't is the stamp , and not the matter that makes it currant . this piece of doctrine [ say you ] is very strong and heterodox ; for it contradicts , not only your own darling sentiments , but also the opinion of many other persons in this nation , who hold , that the legislature resides not in the king only , but in him , and in the two houses of parliament ; so that you , and those other persons fancy a mixture , or co-ordinacy in the supremacy it self , making the english monarchy a compound of three co-ordinate estates . this same opinion [ say you ] is founded upon the authority of the law books , which tell us , that every statute must be made by the king , lords and commons ; and if it appear by the act. that it is made by two of them only , it is no statute , as appears by h. . . b. co. lit. . b. co. . inst . f. . co. . inst . . . . bulstrods reports , dominus rex & alleu , v. tooley . these same authorities i allow as well as you , but then it must be with this distinction , that the two house of parliament , are in a sort co-ordinate with his majesty ad aliquid to some act , or exercising the supream power , that is to say , there is an equal right in the king and the two houses of a negative voice in respect of new laws to be enacted , or old to be repealed ; but if you intend by co-ordination ( as indeed you do ) a fellowship with the king , in the very supremacy it self , you are much beside the cushion , and truly in the wrong side of the hedge too . because it is repugnant to the nature thereof , and a clear contradiction , if it be true as it is , that the king is our only soveraign , there can be no such thing , as a co-ordinate or co-equal power ; if they be co-partners in the soveraignty , in what a fine condition are we , that must be obliged to impossibilities . for we must obey three masters , commanding contrary things . the two houses may as well injoyn us to do them homage , which is , and ought to be performed only to the king , as to challenge a corrival power with the soveraignty of royalty . 't is true , no law can be imposed on us , without the consent of the two houses , yet this doth not make them co-ordinate with their prince in the very supremacy of power it self , but still leaves the power of ordaining supreamly in him as in the fountain , though the efflux or exercise of that power be not solely in his will , but expects the consent of his people ; and therefore 't is very curiously expressed by the learned mr. hooker , that laws do not take their constraining force from the quality of such as devise them , but from the power that doth give them the strength of laws : le roy le veult , the king will have it so , is the interpretative phrase pronounced at the king 's passing of every act of parliament : and it was ( sayes sir henry filmer in that most excellent discourse called patriarcha ) the antient custom for a long time , till the dayes of h. . that the kings , when any bill was brought unto them , that had passed both houses , to take and pick out what they liked not , and so much as they chose was enacted for a law : but the custom of the later kings hath been so gracious , as to allow alwayes of the entire bill ( and sometimes with a tacking too ) as it hath passed both houses . so much ( sir ) in general , touching your fancied corrivality of power , i come now to a more close and minute application , and i argue thus : if the two houses have a joynt and co-equal authority with their king in making laws and the like , it must be one of these two wayes , either it must be primitively seated in them , or it belongs to them by derivative participation . first , the two houses of parliament cannot have this co-ordinate power vested in them primitively or radically ; for are not both houses summoned by the king 's writ ? do they not fit in parliament by virtue only of the authority royal ? can either the lords or commons or both together lawfully convene themselves , appoint the time and place of their own meeting ? our books of law can tell you ( sir ) that the power of convocating and keeping of assemblies of subjects ; the power of calling , holding and proroguing of parliaments is an essential part , and inseparable privilege of the english regality . all able jurists and polititians very well know , that the king is caput principium & finis parliamenti , solely made and created by him , and into him only can be ultimately resolved ; and therefore surely it must be the most unreasonable thing that ever was in the world , that subjects assembled by their soveraign's writ , should have a co-equality of power with their prince , without whose call they could not meet together , and at whose will and pleasure they are dissolved in law , and bound to betake themselves to their own habitations : and return to the statu quo of private persons and subjects , whereas supremacy is a publick and indelible character of lawful authority . but farther , can the two houses of parliament pretend to be before our first king in time , can they outvy him in seniority ? surely , no. as for the lords , bracton affirms , that the earls and barons were created by the king , and assumed to him only for counsel and advice ; which infers undoubtedly , that the power they are invested withall , is not by a contrivement or reservation ( as some fanaticks fancy ) at the supposed making of the first king , but procceds , ex indalto regum from the gratuit concessions of our princes . but it was objectect by you in our disecptation as it hath been by others heretofore , that the very stile of comites and peers , implies a co-ordinative association with the king in the government ; they are in parliament his comites , his peers . i answer , that mr. bracton tells us , rex parem non habet in regno suo , the king has no peer , and offereth us another reason of the stile of comites , quia sunt in comitatu , without any relation to parliament , because they are either in the train of the king , of because placed in each county , ad regendum populum , and so assumed to the king to the like end that moses did his under-officers , in governing his people . they were not only to be companions as to his person , but in respect of his cares ; pares curis , solo diademate dispares . they are the highest , and in the nature of privy-counsellors , but created by the soveraign prince ( the fountain of honour ) and so not equal unto him , though exalted above fellow-subjects . to be short , if this word [ comites ] should imply a co-ordinative society , it must needs follow that the commons must be the king's peers too , for they are as much co-ordinate with his majesty as the other ; and so let 's set up three thrones , one for the king , another for the lords , and a third for the house of commons . i would advise you ( sir ) to make a voyage , next long vacation , into france , and argue there at the french court , from the denomiation of pares franciae , and see what thanks you shall have for your logick . thus much for the lords , i must have a touch at the commons too . as for the commons , they surely will not pretend to exceed the lords in antiquity : if what sir robert cotton ( that famous antiquary ) relates , in some part of his posthuma works , be truth ; and he hath been pleased in this very manner to express himself . as this great court or council , consisting of the king and barons , ruled the great affaires of state , and controlled all inferiour courts ; so were there certain officers , whose transcendent power seemed to be set to bound in the execution of princes wills , as the steward , constable and marshal fix'd upon families for many ages . they as tribunes of the people , or ephori amongst the athenians , grown by an unmannerly carriage , fearful to monarchy , fell at the feet and mercy of the king , where the daring earl of leicester was slain at eveshum . this chance and the dear experience henry the third himself had made at the parliament at oxford in the fortieth year of his reign , and the memory of the many streights his father was driven unto , especially at rumney meade near staues , brought this king wisely to begin , what his success●r fortunately finished in lessening the strength and power of his great lords . and this wrought by searching into the regality , they had usurped over their peculiar soveraigns ( whereby they were ( as the book of saint alban's termeth them ) quot domini , tot tyranni , ) and by weakning that hand of power which they carryed in the parliaments , by commanding the service of many knights , citizens and burgesses to that general council . now began the frequent sending of writs , to the commons their assents , not only used in money , charge and making laws ( for a before all ordinances passed by the king and peers ) but their consent in judgments of all natures , whether civil or criminal . by what i have here offered out of sir robert cotton , and elsewhere before in this discourse ; it is as clear as the sun at noon day , that the two houses of parliament are not co-aetaneous with the first king , much less before him , and consequently the legislature cannot be said to be originally and radically seated in the lords and commons . secondly , as i have made it appear that the architectonick power paramount of making laws in parliament was never natively , and formally seated in the two houses , so i come now to prove that the supream legislative authority was never vested in them , by way of emanation , or derivation from the imperial crown of this nation . now if they have derivatively such a power , it must be one of these two wayes , either by way of donation or usurpation : again , if they have it via donationis , by way of grant , they must have it either by way of division or by way of communication : but they cannot challenge it by either of these same wayes . . the houses of parliament may not challenge a co-ordination in the supremacy by way of division or partition ; for suprema potestas , is an entity or being indivisible , as it is subordinate to none but god almighty ; so it admitteth no co-ordinate , collateral , co-equal or corrival power ; to make majestatem in maj●state , regnum in regno , more than one soveraign in a kingdom , is inconsistent with supremity ; for supream admits neither of equal nor superiour , and to affirm it , is contradictio in adjecto . and therefore you may read , that henry de beauchamp earl of warwick for the singular favour that king henry the sixth bare to him , crowned him king of wight : but we could never find ( sayes cook ) and letters patents of this creation , because ( as some hold ) the king could not by law , create him a king within his own kingdom , because there cannot be two kings in one kingdom , or if such there be , they are but reguli or proreges , kings to their subjects , and subjects to the supream king. so oedipus king of the thebans having issue two sons , polynices and eteocles , ordained that after his decease , his two sons should alternative by course , reign in his kingdom . but what was the event ? fratres de regni haereditate dissidentes singulari certamine congressi mutuis vulneribus ceciderunt . let any man look upon the estate of the roman empire , when it was divided by constantine the great amongst his three sons , constantinus , constantius and constans ; or upon the estate of the western empire , after the division made by lotharius , lewis and charles , sons of lodovicus pius ; and he will find most sad and horrible confusions ensued on such partitions . but letting pass forreign conntries , we must not pretermit the miserable estate within this kingdom , under the heptarchy until all was re-united under one severaign ; and this is the reason that in england , scotland and ireland , the royal dignity is descendible to the eldest daughter or sister , co. inst . f. . & on lit. fol. . a. for regnum non eft divisibile : and so was the descent of troy. praeter te sceptrum ilione quod gesserat olim maxima natarum priami . . as the two houses cannot have a co-ordinate power with the king , by way of division ; so neither can they challenge to themselves a co-ordination in the supremacy it self by way of communication ; for the prerogative of legislation ( as many others ) is so naturally intrins●cally inherent in the supremacy ( for where majesty is , there must be the power legislative , ) that it cannot be transferred or separated from the crown , or so communicated to both houses , as to denude or disrobe the king of that sacred supream right which god has given to him , as his vice-gerent on earth . ea quae jurisdictionis sunt & pacis ( sayes our bracton ) ad nulium pertinent nisi ad coronam , & dignitatem regiam , nec à coronâ separari poterunt , cùm faciant ipsam coronam , lib. . c. . the old statute of praerogativa regis tells us , that our king can grant no prerogative to the prejudice of the crown . and thereupon whatsoever a king of this land grants to his subjects , or to any other that is essentially in the crown of this kingdom , that is to say , rally annexed to the person of a man , as he is king of england , as that the parting with it , makes him to be no king , or a less king than he ought to be in dignity or royal power the grant is void , the grant how large soever , it must be understood with this limitation , salvo jure corona . and how tender our former kings and their subjects have been of the rights and prerogatives of the crown , pray ( sir ) at your good leasure consult the statutes of . e. . c. . & . . e. . c. & . . r. . c. . . r. . c. . . h. . c. . . h. . c. . & . e. . c. . with our municipal laws do concurr two famous jurists , i mean , gothofrede and suarez . the former returns an answer to this quaere , potestne princeps regalia alteri cedere ? potest ( sayes he ) his temperamentis adjectis , ut ne regalia jura sua cedat sine summâ necessitate , ac ut ea cedat ex causâ necessariâ , ut ne ea tota cedat : deinde ut quaecunque cedit suopte motu , ac sua sponte sciens , prudensque cedat , principatûs jure excepto : quod etsi nominatim non fuerit exceptum , tacitè tamen exceptum intelligitur ( cum adversus omnes regalia possidentes , in suo regno , jus instituendae actionis habeat ) adeo ut jus id nullo tempore possit praescribi . the latter viz. suarez says thus , regnum est veluti quoddam officium quod incumbit propriae personae , cui confertur , & non tam est propter ipsam , quam propter eos , qui regendi sunt , & ideo non potest rex , vel regina tale onus à se separare , etiam quoad usum , vel administrationem , ita ut non maneat apud ipsum suprema potestas , & obligatio regendi ; non ergo transferri potest illo modo administratio regni in regem , ratione matrimonii . the sum of all that i have said as to the point of communication is this ; that however the prime essential constitutives of monarchy , in the exercise of them , may be intructed by the king to the subject by way of delegation to ease his burden and to facilitate his royal charge , yet in so doing , he does not , he cannot divest himself of the soveraign power , nor of any of those sacred rights and prerogatives that are naturally and intrinsecally inherent in his imperial crown . in the last place , as the two houses cannot challenge to themselves by way of grant ( that is to say neither by division , nor by communication ) a co-ordination in the very supremacy of power ●●●self ( and consequently there cannot be any such thing as a coequality of power in the legislature ; ) so neither can they make forth a good and lawful title to themselves , for a fellowship in the legislative power , via usucapionis , by virtue of any custom or prescription ; for no immemorial custom can hold good , when there be authentical records to the contrary ; and whether there be not such , i will appeal unto your own good self . antiently the law enacted began thus , rex statuit , the king ordains , and before the laws and statutes in each kings reign from the time of edward the first to this day , i find the title or introduction thus expressed as follows . . e. . the statute of mortmain , we therefore by advice of our prelates , earles , barons and other subjects , have provided , made and ordained . . e. . the statute of sheriffs — our lord the king , by the assent of the prelates , earles , barons and other great estates , hath ordained and established . . e. . statute de natis ultra mare , our lord the king by the assent of the prelates , earles , barons and other great men , and all the commons of the realm , hath ordained and established these things under written . . r. . c. . — our lord the king , by the advice , and common consent , &c. hath ordained and established . . e. . c. . — our lord the king , by the advice , assent request and authority aforesaid , hath ordained and established . . r. . c. . — therefore the king will , it be ordained by the advice and assent of the lords spiritual and temporal , and the commons of this present parliament . . h. . c. . — the king our soveraign lord , by the advice and assent of the lords spiritual and temporal , at the supplication of the commons ordaineth . . h. . e. . the king our soveraign , by the assent of the lords spiritual and temporal , and the commons ordaineth . . e. . c. . — wherefore the king our soveraign lord , at the humble petition and suit of the lords and commons , doth ordain , declare and enact , by the assent of the lords spiritual and temporal , and of the commons in parliament assembled . . mar. c. . — be it therefore enacted by the queens our soveraign lady , with the assent of the lords spiritual and temporal , and of the commons in this present parliament assembled . . eliz. c. . — be it enacted by the queen most excellent majesty , with the assent of the lords spiritual and temporal , and the commons in this present parliament assembled . . jac. c. . be it therefore enacted by the king 's most excellent majesty , by and with the assent and consent of the lords spiritual and temporal , and the commons in this present parliament assembled . . car. . c. . be it enacted by the king 's most excellent majesty , with the consent of the lords spiritual and temporal , and the commons in this present parliament . . car. . nunc regis c. . be it enacted by the king 's most excellent majesty , with the advice and consent of the lords and the commons in this present parliament . thus ( sir ) by the title or introduction of our statutes in each king's reign ( from king edward the first , to this very day ) it is clearly proved , that the two houses cannot challenge a co-ordinate power with the king in making laws in parliament by usage , or prescription , the legislative authority being only in the king , though the use of it be restrained to the consent of the lords and commons in parliament ; le roy fait les liex avec le consent du seigniors , & communs , & non pas les seigniors & communs avec le consent du roy ; the king makes the laws with the consent of the lords and commons , and not the lords and commons with the consent of the king : in a word , the soveraign is the sole legislator , it is his stamp and royal will , and that alone which gives life , and being , and title of laws to that which was before , but counsel and advice ; all marks of supremacy being still in him , nor is it an argument of communicating his power , that he restrains himself from exercising some particular acts without consent of parliament , for it is by virtue of his own grant , that such after-acts shall not be valid . he hath not divided his legislative faculty , but tyed himself from using it , except by the advice and consent of the peers , and at the request of the commons , their rogation must precede his ratification . wherefore upon what has been said , i may very well pronounce our author's words . that the making of laws is a peculiar and incommunicable priviledge of the supream power ; and the office of the two houses in this case is only consultive or preparative , but the character of the power , rests in the final sanction which is in the king ; and effectually the passing of a bill is but the granting of a request ; the two houses make the bill 't is true , but the king makes the law , and 't is the stamp , and not the matter , that makes it currant . finis . notes, typically marginal, from the original text notes for div a -e lib. . c. . num . . co. lib. . nevic's case , co. . ●●st . . . co. lib. . eral of shrowsburies case . ob. sol. lib. . c. . num. . pares regni , non regis a that the king with the prelates and peers , were heretofore the common council of the realm ( and consequently the commons were no part of the court of parliament in ages past ) may be evidenced by these authorities ; cambden in his britannia sayes , that in the time of the saxon kings , and the ensuing ages , the great and common council of the land , was praesentia regis praelatorum , procerumque collectorum . selden tells us out of an old cronicle of the church of lichfield , that king edward by advice of his barons revived a law which had lain dormant sixty seven years . and in the same chronicle it is said , that william the conquerour held a council of his barons , anno . regni sui apud londinias , the next year conquerour had a council of earles and barons at pivenden heath to decide the great controversie between lanfrank arch-bishop of canterbury and odo earl of kent . king john in the first year of his reign , summoned h●s magnates , his great m●n to a parliament at wiston , and the words of the roll are commune concilium baronum , the common council of my barons at winchester . co. . inst . f. . . k. . ● . . suarez . de legibus lib. . num . . a dialogue between sir roger - and mr. rob. ferg- in newgate relating to the plot ferguson, robert, d. . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; 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(eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a dialogue between sir roger - and mr. rob. ferg- in newgate relating to the plot ferguson, robert, d. . p. printed for e. whitlock, near stationers-hall, [london : [ ]] drop-head title. imprint from colophon. date of publication from wing (cd-rom edition). by robert ferguson. -- wing (cd-rom edition). reproduction of original in the folger shakespeare library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng great britain -- history -- william and mary, - -- early works to . great britain -- politics and government -- - -- early works to . - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - jonathan blaney sampled and proofread - jonathan blaney text and markup reviewed and edited - pfs batch review (qc) and xml conversion a dialogue between sir roger — and mr. rob. ferg — in new gate relating to the plot . sir rog. the worthy mr. ferg — mr. ferg . the reverend sir roger. sir rog. oh sir , this is a smile of fortune indeed , when in this melancholly region of abdication i am permitted , thanks to a kind goaler , the conversation of the celebrated mr. ferg — , whose person though i never had the honour to be acquainted with , yet his name and merits have been my particular familliarity . ferg . yes sir , i understand my name and merits have been your particular intimacy ; you have been both their herauld and historian , and have blazon'd them in capital blacks in many a fair observator . sir rog. really sir , you do me a great deal of right ; i have never been sparing of black and white : the flourishes of my quill have been profusely generous . i never saw any shining feature , or mosaick face , from great noll's nose to little titus his chin , but i have play'd the kind lely . a beautiful pen should never want drapery , where my pencil could furnish it . ferg . 't is worthily said of you . you speak like a plain dealer . sir roger. but , mr ferguson , i have had a long desire of kissing your hand by the way of congratulation , and welcome to our side . from a saul to a paul , a persecutor to a devote ; as there 's joy even in heaven at a sinner's conversion , give me leave to express no common transport , in gaining so considerable a patron to our glorious though , at present , drooping cause . ferg . ay , sir roger , i am a sort of a come-over , to that drooping cause , as you call it , ecce signum , these bonds . sir roger. ay , that 's our common misfortune . but , mr. ferg — , i hope the great truths that i have so long preacht , published and recorded , amongst the many eyes they have opened , have had some illumination upon mr. ferg — ; for i should be proud of being any ways instrumental to so eminent a conversion . ferg . nay , sir roger , not to boast any great operation upon me ; for i am a meet volunteer , and my whole illumination is purely my own , nevertheless i must give thee this immortal applause , that the protestant zealots that have had any hand in this plot , or been well-wishers towards it , are most , if not all , thy disciples ; and all that die in it , are no better than thy martyrs . sir rog. good heaven forbid ! my martyrs ! what , draw innocent blood upon my head : lord have mercy on me. i hope you are not in earnest . ferg . nay , 't is too true for a jest . i say nothing but what i can prove . sir rog. how prove sir ! i hope you do not set up for an evidence . ferg . no , sir roger , as i am a bonny scot , i am more a gentleman than to make a peacher ; not but my natural , personal tenderness would go far , to tempt my mortal frailty that way : however there 's no danger of me in that case , for had i an inclination towards it , i am affraid the world wants faith , and a ferg — 's oracles would find but few believers : and therefore pray sir roger , dispel that bodily fear : all i have to say is only inter nos . sir rog. nay , then you have dispell'd my fear , and therefore pray go on with this bloody ▪ charge against me , for i dare stand any arraignment , where there 's neither the face of judge nor jury , mr. ferg — . ferg . say you so ? then pray tell me what are all our jacobite fools , but pupils and proselites to those two pillars of thy church , jure divino and passive obedience . sir roger. and what have you to object against those two pillars ? ferg . nay , no great matter , but only that a very weak sampson may totter them : for , in short , what is thy divine right from above , and our non-resistance below , and all thy long-winded arguments upon that subject , any more than so many high flown enthusiasms , to help up the golden image of an arbitrary nebuchadnezar , whilst that fidle of thine , thy observators , have been the psaltreys and sackbuts , to tune us to fall down and worship . a king , at this rate by thy assertion , provided his direct succession be unquestionable , in nothing else , though never so indirect , can be questionable : for he may be what he please , and do what he please , set up what he please , and pull down what he please , swear what we and our laws please , and perform what he and his no law please ; run away from his people when he pleases , and return when and how he please : in fine , that a right line sanctifies all wrong ; that the true blood in his veins ▪ entitules him to the whole blood in our veins ; and that if he please to take it , we must please to give it him , unless our tears or prayers can sheild off the blow ; for sir roger is pleas'd to allow no other edge-tool or armour , offensive or defensive for our protection . sir rog. lord sir , i am all amazement : can you talk at this wild rate , and be one of us ? ferg . one of you ! ay , never the worse for talking , old boy . 't is a sign i am the more ▪ ingenuous friend to your cause , when list under your bannor , ex mero motu , frankly and generously : not blindly drawn into a party by cob-web arguments , the gin to catch wood-cocks ; men of sense are above it . sir rog. but sure you don't think that the right of our great master , his divine right of royal inheritance in his caim to crowns a triffle to be thus jested with ? ferg . jest sir ! all jest . there neither is , nor ever was any such divine right in the world. sir rog. how ! no divine right . ferg . right is so far from any claim divine , that 't was always the creation of power , and sanction of the community . if a lineal chain of succession be all thy foundation , prithee , in what part of the world wilt thou find it ? how many times since the conquest in raigns has that succession been broken , ( and if once broken , 't is never truly rejoined again ) : for instance , between the houses of york and lancashire , those quondam hot , and sometime bloody disputants of soveraignty , how have kings been deposed ? what changes made ? and yet the present ▪ allegiance never question'd nor disputed . what divine right had harry the th . when the world will tell you his best title lay in his queen , and yet we never read that his people either murmur'd or quarrell'd his recognition to the throne , by act of parliament , out of any grievance , that the duke of richmond was their crown'd head , and their crown'd heiress but a subject : nor , as i ever heard , did his son harry the th . his successor , upon the death of his mother , claim possession before his father's decease , by any pretension ▪ of better royal blood in his own , than his father had in his veins . sir roger. but certainly the divine right of monarchs — ferg . is a meer sophistry . the juggle of priest-craft , and pretension of superstition . so far from any thing of divine in the case , that god almighty himself abdicated ( or very little better ) the very first king even of his own making ; laid misgovernment to his charge , and anointed his successor even before his death , and that too in the person of his darling david , the man after his own heart ; so far from a son or right heir of saul , that he was no kin to the family , so little was royal succession the care of heaven , or ought to be the quarrel of man. sir roger. truly , mr. ferg — , you talk strange bug words , but what ever your own private opinion is , i hope you do not broach these tenents amongst our jacobite friends . ferg . quite contrary , sir roger , for where populus vult decipi decipiatur . the wise know better . shall we be worse than the race of ham , uncover our own nakedness ? no , sir roger , not all evangelica veritas , but some pia fraus . there 's stratagem to be used in a church millitant , as well as a camp millitant , not all down right strength of reason in one , nor length of sword in the other : for example , pray who were greater assertors of that jus divinum doctrine than our two last dying friends , and as they had lived so strenuous in it , did not the wise managers of their death , those sweetners of mortality , the tyburn absolvers , very prudently take care that they should dye in it as strenuously too . ay , sir roger ▪ we must not be those false traytors to our cause , as to bewray our own nest . sir rog. verily , mr. ferg — , you discourse the politicks of our cause extreamly well . but to satisfie one curiosity , pray let me quit this subject , and without offence be so bold as to ask you one single question . ferg . a double one , and wellcome , sir. sir rog. considering then the character the world gives of you , your fluctuating principles and uneasiness in all governments , how comes it that those worthy gentlemen , concerned in this glorious , tho dangerous enterprize , dust lodge so great and important a trust with such volatile mercury , as mr. ferg — ' s ? ferg . my character , say you ! why 't is the only thing that recommended me to their confidence . for pray , to compare cases between us ; you are zealots and partisans in a conspiracy ( forsooth ) out of a principle of right and justice . but i am animated by a sprightlier fire ▪ am for mutiny and mischief , right or wrong . you act by dictates of conscience and honour ; but i have been slighted and disobliged by the present government , and my motives against it are spight and revenge . and revenge never weighs nor disputes , when on the contrary , honour may be tender and scrupulous : besides , yours is but the love , but mine the lust of rebellion : and love may sometimes cool , when lust always burns . sir rog. in troth , mr. ferg — , this argument savours a little too much of the libertine . but you are a glorious don john , and i am satisfied the worthy gentlemen could not have made a nobler choice , than such a friend and champion , as mr. ferg — . ferg . nay sir , since you touch me in that sensible part , i must tell you farther , that i am always the almanzor of a conspiracy . almanzor-like , i know neither one side nor to'ther , any longer then i am pushing in it : but then like an almanzor too , no man pushes so heartily and so home as i do . and for distinctions of which king , or what king , in short , i run a muck at all kings ; and indeed at all religions too : for , between friends , my king , my country , my religion , my heaven , are all centured in my self . sir rog. really mr. ferg — , you here give me so extraordinary ; and withal so ingenious a declaration , that i must acknowledge you a person truly worthy admiration , though not altogether imitation . for though you are an absolute original , and that no mean one , yet , i confess , 't is such a one as i durst not copy . my tenderer morals are a little more nice and squeamish ; howe'er to give you your due renown ; i heartily wish that all the hands and hearts , engaged in this pious and honest confederacy , had been all of your nerve and mould . for then , we might have hoped to have had an answerable success to the greatness of the undertaking , and resolution of the undertakers , and not to have had it thus poorly miscarry , by so many sieves and spunges , the leaky false brothers , whose cowardly revolts and apostacy has so weakly and basely betray'd , it to our whole causes utter confusion and ruine . for truly , sir , though i my self cannot come up to your heights , however i must do you this right , to own you one of the most quallified instruments , to embark in any such religious and righteous bold ▪ cause . for indeed , 't is alway my maxim , that provided the dagger be but consecrated , no matter whether the hand be or no. ferg . there you say right , sir roger ; for we have holy writ on our side in that point . for do we not read that cyrus the great , tho' a heathen and infidel , is called the servant of god : viz. for the great ends for which god had raised him . and with the same parity of reason , our grand patron lewis , is the most christian servant of jesus , though the most faithful sworn brother of mahomet . sir rog. nay , mr. ferg — , now you talk of such great men in their age , as a cyrus : and a lewis . from their great examples , i think it but highly reasonable , and every ways honourable , that every man that has the least glowing spark of ambition in his veins , should , and ought to signalize himself , by doing something that may make him great and famous in his generation . ferg . famous in his generation ! is that all ? ay , famous to posterity . that was always my principle : to be a constantine , or an erostratus , to found churches , or destroy churches ; raise states , or subvert them ; to do something great either one way or t'other ; ( no matter which ) to attempt any thing , and shrink at nothing , that may leave an immortal name behind me . sir rog. nay , mr. ferg — , there we differ ▪ an erostratus is a little too much . i declare i was never that hardy bout●●eu neither . 't is true , now you talk of that famous incendiary , i confess , that fanning the coles , or lighting the train , to fire or blow up a conventicle has been my particular master-piece and glory . i was ever a profest nero at such a conflagration , and sung to my fidle , as heartily , as that illustious roman to his harp , at such a bonefire . but as to the church of england , i was ever so wholly in her interests ( as our dea● departed has it ) so very tender there , till her protection and preservation was ever so near and dear to me , that i avow my self her profest knight errant , her dimock , her champion ▪ &c. and now to tell you the very top of my ambition , and height of all my hopes , and indeed the only great thing that i designed should immortallize my name , was one glorious projection that i had formed for the church of england's service . oh! 't was the only grand 〈…〉 my fifty years ▪ bellows had been blowing for . my whole great birth , my m●nerv● , my — ferg . and pray , what was this glorious projection ? sir rog. you may remember , how , at the first protestant wane and dawn of popery , in my observators , i projected an accommodation — ferg . between both churches . sir rog. right sir , an amicable reconciliation between the old roman mother , and the young ▪ english virgin church : for mark you me sir , to carry on this great work , having ●t that time a wonderful influence over● the c●●rgy . ferg . influence ! ay , sir roger , thou wert whole and sole lord of their ascendant : an absolute pontifex maximus amongst 'em ; he the servus servorum , and thou the guide of guides . but pray go on . sir roger. then , what with that ascendance , and my own dint of eloquence , i had projected , as i told you , such an accommodation , such an eternal foundation of peace , such pillars of an irenicum , that had not the obstinacy of the times obstructed so glorious a pile , i had built a tower that should have reacht heaven , without the danger of one tongue of confusion : brought the lamb and the lion to couch together ▪ so lovingly and harmlessly , that instead of a m●●●lin at one end of the town , and a 〈…〉 - church at another , we had saved all that trouble ; so ●rusht , so quallified , so composed all jars , till even from a pauls to a pa●●r●ss , from the highest to the lowest , one roof should have held both , as perfectly reconciled , as a dancing-school and a meeting-house : nay , with all that sisterly love , even to the quietness and innocence of a switzerland congregation ; not one church amongst us but should have had mass in the morning , and common prayer in the afternoon . ferg . nay , this design was great indeed . sir roger. great ! ay , what could be greater , especially on the church of england's side ? for what could have aggrandized the church of england more , than her generous hospitallity ▪ in adopting , naturalizing and incorporating so considerable an addition to her strength , wealth and fortunes . whil'st like one empire , but two czars , our church by this hand-in-hand reign , had arrived to the height even of an absolute muscovite monarchy . ferg . upon my veracity ▪ sir roger , i never heard of a design more heroick . sir rog. ay , mr. ferg . had my good fortune been but answerable to my good parts , without vanity let me tell you , i and my politicks , had set up my royal pupil james , ( pardon my boldness ) a second great alexander , and my self the great aristotle . ferg . ay , no doubt sir roger. sir rog. nay , to credit my good parts , i always acted upon a good principle . i was ever for steering by the chart of a good conscience ; and though i have stood up so high for royal prerogative , so i always abhorred invasion of rights and property ; as the whole practice of my life , even in my own most diminitive ▪ concerns and converse with mankind , sufficiently testifie . ferg . so very tender conscienced say you , in all your concerns ! nay , there you must pardon me . for i have heard a kind of an out-cry amongst some authors and booksellers . sir rog. that would pick a hole in my scutcheon . alas ! poor snarlers . i know their malice . look you , mr. fer — , in my reign of imprimatur , when i was sovereign comptroller of the press , i have made bold sometime , with a little innocent pyracy , borrowed an earing or two from the egyptian vermine . for when a good copy came to my hands , i refused it a license , and writ upon the subject my self : and all the justice in the world ▪ for was not my commission absolute ▪ i the lord of the glebe ▪ and consequently the first fruits my own . if that be their feeble sting against me — look you sir , at this very time am i now translating the volume of the famous jos●phus . 't is true , the original proprietor of that divine history has looked upon the copy as an estate and inheritance . much good may do him , with his right and title i ▪ 〈…〉 ●●th a ●ri●kum in lege ▪ such a fly dash of the ●●n ▪ to do his business for him , wh●●st by an old ●●ur of a little new english put upon it , i 'le trip up his heels for 't as fair and honestly , as the best fair full in a lincolns-inn rounds . i here a messenger to call sir rog. ever to the marshalsea , broke off the conference . london , printed for e. whitlock , near stationers-hall . mercurius publicus: comprising the sum of forraign intelligence ...[no. ( july- aug )] mercurius publicus (london, england : ) this text is an enriched version of the tcp digital transcription a of text in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a thomason e _ ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]; :e [ ]; :e [ ]; :e [ ]; :e [ ], etc) mercurius publicus: comprising the sum of forraign intelligence ...[no. ( july- aug )] mercurius publicus (london, england : ) muddiman, henry, fl. - , editor. dury, giles editor. newcomb, thomas, d. or , publisher. v. began with numb. ( dec. - jan. ); ceased with numb. ( - aug. ). printed by tho. newcomb, london : title from caption. subtitle varies: , "... comprising the sum of forraign intelligence"; - , "... comprising the sum of all affairs now in agitation." by henry muddiman and giles dury. cf. nelson and seccombe. printed variously by: john macock, thomas newcomb, richard hodgkinson, d. maxwell, peter lillicrap, james cottrell. description based on: numb. . numb. ( - oct. ) is a second copy of the parliamentary intelligencer for those dates, mistakenly titled mercurius publicus. thomason collection does not have complete run. reels listed in chronological order of serial publication; holdings dispersed throughout collection. reproduction of the originals in the british library. enumeration begins again at numb. annually. no issue numbered in , no issue numbered in ; chronology is continuous. eng great britain -- politics and government -- - -- periodicals. great britain -- history -- charles ii, - -- periodicals. europe -- history -- - -- periodicals. a (thomason e _ ). civilwar no mercurius publicus: comprising the sum of forraign intelligence ... [no. ( july- aug )]. anon. f the rate of defects per , words puts this text in the f category of texts with or more defects per , words. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - ali jakobson sampled and proofread - ali jakobson text and markup reviewed and edited - pfs batch review (qc) and xml conversion numb. . mercurius publicus , comprising the sum of forraign intelligence : with the affairs now in agitation in england , scotland , and ireland . for information of the people . published by order . from thursday july . to thursday august . . whitehal . among a thousand other observations which his majesties travels and afflictions have taught him , one is , the interest of this island as to fishing , which his majesty comprehends so perfectly , that as he needs no council to advise , so no neighbour states or nation but will finde it ; and this is one of those infinite blessings we enjoy in such a prince ( as unless we be stark staring mad ) will render us the most happy people under heaven : for which purpose hath his majes●y now sent a letter to the lord mayor of london , a true copie whereof we here give you charls r. right trusty and well beloved , we greet you well , whereas our royal father of blessed memory , did in the year one thousand six hundred thirty and two , constitute and establish a society of fishers , and declared , that he was resolved by all good occasions favourably to assist , and graciously accept the forwardness of all those that should express their zeal to his majesties service in so general and publique an undertaking ; it being then resolved and concluded by his majesty , that it was very honourable and necessary for this kingdom . now that the true managing and most advantagious prosecution thereof , is by experience discovered by philip late earl of pembroke and montgomery and his associates , who did cause sandry fishing vessels to be provided and built , which employed many families in making of nets and other provisions ( o●e vessel employing twenty families in work ) besides the breeding of country youths to be made serviceable mariners in short time , as by the book called the royal herring buss fishings , presented unto us doth plainly appear . and whereas we are informed that the nation doth abound with great numbers of poor families and vagrants , who for wa●t of employment are like to perish , unless some speedy care be taken for their relief ; and that the several wards and suburbs of this our city of london and hamlets adjacent , are burthened with multitudes of poor peopl● , not only which are born in the said places , but such as come out of sund●y countries to s●ek relief : for redress whereof , we do hereby recommend unto the care of you our lord major of the said city , to advise with each alderm●n , and cause his ward-moot inquest , ●o give in a particular of all the poor inhabitants within his ward what their employment is , and how many are without employment , and present the same to the rest of the inhabitants to his ward , with a copie thereof , and excite them to a free subscription for ruising a stock to buy hemp and cl●●●ards , to make h●rring fishing nets , and barrel , for the furnishing and fi●ting 〈…〉 busse or fishing vessel to belong to the said ward , which will give all the poor and vagrants employment , the said ward husbanding the same to their best advantage . the which we shall in like manner recommended all the counties , cities , and towns within our dominions , whereby to make it a national employment for the general gro● , and will give all fitting assistance unto the undertakers for their encouragement ● that so when provisions shall be made ready , and store-houses built in commodious places about the river of thames ( where breaches have been made ) and the like in the several ports , magazines may be sitted with nets , cask , salt , and all things in readiness , the busses may all go forth to our island of sheetland as their re●dezvous to keep together in their fishing , according to certain orders prescribed in the aforesaid book ; and to take that priviledge of the fishing grounds , which belongs to us before all nations whatsoever . and so we bid you heartily farewel . given at our court at whitehall this . day of july , in the twelfth year of our reign . by his majesties command . ed. nicholas . to our right trusty and well-beloved , the lord mayor of our city of london , to be communicated to the court of aldermen . we have already given you an account how highly the nation of scotland is satisfied ; we shall now present you with the state of affairs in ireland , wherein it will be very considerable to look into the affections of the army , which we shal offer you in their own words , as they were presented in an address to his majesty , by the right honourable the lord broghil , viz. to the kings most excellent majesty . the humble address of the officers of your majesties army in and near dublin in ireland . nothing can in degrees so fully proportion our sorrow for the murther of your royal father , as our joy for your restauration ; 't is your majesties glory , and our satisfaction , that god hath effected it without blood ; the world sees 't is the day of his power , the people are so willing in it , none as men but must say 't is wonderful in our eyes , and none as christians but will say it is the lords doings . your majesties gracious declaration and letters to the parliament , have not onely prevented , but granted our chiefest desires , and we owe you our most sincere and humble acknowledgment , as much for the manner of giving as for the gift ; in this we are safe , in that we are happy . your majesty desires nothing more then to act your clemency , and we desire nothing more then not to appear unworthy of it . god hath preserved you abroad in your person , and which we know is dearer to you , in your religion , signal evidences whereof we have already received , for no other tree could produce such fruit . all your subjects virtually are in parliament , and by parliament you do graciously promise to be advised , your majesty could not grant more , nor your people ask more . and to manifest you will rule by example as well as precept , you decline being your own judge in your deepest ●oncernments : your royal fathers murtherers could not 〈◊〉 a greater favour , nor your parliament a greater trust ; neither could your majesty more sensibly and graciously let the body of your people know , you esteemed them innocent of that sin then by leaving it to them to punish . you do not onely observe your laws your self , but you freely pardon all your subjects that have broken them ; to be just is what all kings ought to be , but to be merciful is what 〈◊〉 king is ; the best of our former princes appeared worthy of the crown , but after they wore it , your majesty has done so before , the providence of god having taught you to raign over your self , before you raigned over your kingdoms , out of which you were put by violence , but you are restored by consent , by which through mercy we now live to see more then hopes of that which we have so long thirsted after , an happy and full agreement between king and people , towards the ataining whereof , we can truly say , neither our prayers , nor our indeavours in our respective stations have been wanting , nor through the goodness of god shall they cease , till what is so happily begun be compleated . your majesty should have earlier received this tribute of our loyalty and affection , but that we stayed till this time to assure you which now we presume to do , that generally the officers and souldiers in this your army , have not onely joyfully proclaimed your majesties royal undoubted right to your three kingdoms , but with their hands have subscribed the same ; and we are confident , if your service require it , would do the like with their bloods against all opposets . we have nothing can apologize for the confidence of this duty , but that out of the abundance of the heart , the mouth will speak , which in all humility we hope will obtain both your majesties belief , and your pardon for your majesties most humble and most faithful subjects and ser●●●ts . signed by the lord bro●hil , sir charles c●ot , and all the officers in and near dublin ▪ thus you see how the souldiery are inclin●d to his majesti●s service . nor is there any doubt to be made of the general consent of the whole kingdom of ireland , who have expressed so much loy●lty to his m●jesty , and towards whom his majesty hath shown so much c●●e and tend 〈◊〉 , ●n declaring the right honble. l. roberts to be his deputy the● ; which the commissioners of that nation look upon not only as the highest point of p●udence in his majesty , but as an especial act of grace and favour to that kingdom , he being a person so fi●ly qualified both for his wisdom and integrity for the management of so grand an affair . on thursday the . instant , the poor and small inland corporation of eye in the county of suffolk , did by the hands of thomas dey and franc● cheney g●nt . m●mbers of that said corporation ( who with sir george revo knight , and charls cornwallis esquires , members of parliament for that plac● , were conducted to his maj●sty by sir frederick cornwallis knight and baronet , treasurer of his majesties houshold ) present his majesty with one hundred pounds in gold . though this s●em in it self but smal● , yet if we look upon the place , we may justly judge their loyalty to be great , and if we consider the sum , with the abilities of the inhabitants , littl● , if at all inferiour to the largest presents . his majesty was graciously pleased to accept it , gave them thanks , and assured them of his favour to their corporation . the day the lord edward montague , who commanded the fleet when they received his majesty and his two royal brothers , being for this and other eminent services created by his majesty earl of sandwich , viscount hinchinbrook , and lord b●ron of st. needs , took his place in the house of peers . to these we sha●l add some other ti●les of honour and offices which his majesty hath likewise conferred on this honourable person ; and then we must tell y●u , that besides his command at sea under his highness he duke or york , l●rd high admiral , that he is k●ight of the most noble order of the gar●er , m●ster of his majesties great w●rdrobe , one of the commissioners of his majesties treasury , and one of his majesties most honourable privie council . here give us leave to acquaint you that his majesty was pleased to confer the honour of knighthood on william tredenham a m●mber of parliament , for st. mawes in cornwel , as likewise to grant the favour of his hand to major iohn blackmore , who was introduced to his majesty by his excellency . on fryday his majesty was pleased to go to the house of peers , and to make a gracious speech for the speedy passing of the bill of indempnity and oblivion , wherein his majesty acquainted them how at his first coming to them , he did both by himself , and the chancellor , recommend to them and the house of commons , the speedy dispatch of that act , how since by a particular message he p●essed the house of commons to hasten that work , and did by proclamation publish to the whole kingdom , with what impatience he expected that act should be presented to him for his assent , as the most reasonable and solid foundation of peace and security ; how he thought the house of commons too long about it , and therefore would not have them guilty of the same dela● , thanking god that he had the same inten●●ons and resolutions which he had at breda and then reading what he then said , viz. and to the end that the f●ar of punishment may not engage any , conscious to themselves of what is passed to a perseverance in guilt for the future , by opposing the quiet and happiness of their country in the restauration both of king peers and people , to their ●ast ancient and fundamental rights : we do by these presents declare , that we do grant a free and general pardon , which we are ready upon demand to p●ss under our great seal of england , to all our subjects , of w●at degree or quality soever , who , within forty days after the publishing hereof , shall lay hold upon th●● our grace and favour , and shall by any publique act declare their doing so ; and that they return to the loyalty and obedience of good subjects . ( exc●pting only such p●rsons as shall hereafter be excepted by parliament . ) those onely ex●●pted , let all our loving subjects , how faulty soever rely upon the word of a king , solemnly given by this present declaration that no crime whatsoever committed against us or our royal father , before the publication of this , shall ever rise in judgement , or be brought in question against any of them , to the l●ast endammagement of them , either in their ●ives : liberties or estates , or ( as far forth as lies in our power ) so much as to the prejudice of their reputations , by any repr●ach or term of distinction from the rest of our best subjects . we d●siring and ordaining , that henceforward all notes of discord , s●paration and difference of parties be utterly abolished among all our subj●cts , whom we invite and conjure to a perfect union among themselves under our prot●ction , for the resettlement ●f our just rights , and theirs , in a free parliament ; by which upon the word of a king , we will be advised . his majesty then added , that if they did not then joyn with him in extinguishing the ●ear which keeps the hearts of men awake and apprehensive of safety and security , they would keep him from performing his promise . his majesty thank'd them for their justice to those that had been the imm●diate murtherers of his father , and assured them he never thought excepting any other . many other arguments his majesty was graciously pleased to make use of , desiring and co●juring them again and again , that laying al● particular animosities aside , they would pass that act without any other exceptions , then of those who were immediately guilty of the murther of his father . on saturday the . the truly honourable , and perfect pattern of loyalty , marquis of ormond , being created and summoned by writ from his majesty , as earl of brecknock , took his place in the h●use of peers . h●ving i● our former sh●et acquainted you with the times and places of the circuits we shall now give you the names of the judges . judges for the west circuit , are justice foster and justice tyrrill , of the common pleas . the home circuit , lord chief baron and serjean waller . oxford circuit , are justice mallet of the kings bench , and baron turner . n●●h circuit , are justice twisden of the kings bench , and serjeant barnard . northampton circuit , are baron atkins and serjeant earle . norfolk circui● , are justice hyde of the common pleas , and serjeant archer . the same day his sacred majesty went to the house of peers , and gave his royal assent to thes● acts following viz. an act for continuing the excise . an act for tonnage and poundage ; an act for commissioners of sewers . elseneur july . we are still very busie here ( almost day and night ) to transport the swedish forces over into schonen , and the endeavours of the hollands admiral de ruyter , is much to be commended , for assisting and helping the transportation , which if it had not been for his fleet , might possibly have been retarded yet a good while . last saturday several vessels with foot souldiers arrived here from copenhagen , which are to be the garrison of cronenburg castle , but they are not yet landed , till the castle be delivered up by the swedes , which is conceived will be done within a few days . letters from copenhagen intimate , that the english ambassadours will be here on monday next , to take shipping for england . hamburgh , iuly . the armies hereabouts lye still in their quarters , and the report is , that they will suddenly break up , but as yet there but small appearance of it . count koningsmarck hath disbanded several officers in the dukedom of bremen , and reduceth the regiments . cronenburg is not yet delivered to the danes . the hollands admiral de ruyter is busie in transporting the swedish forces over into fuhnen . the dantzick post was robbed six leagues off this place , which causeth that no letters are come this day . hague , iuly . the business at utrecht is not yet appeased , so as it was thought , but is grown higher then formerly , insomuch as there hath been this week three companies more commanded thither to re-inforce the former thither sent ; and it is to be fear'd much trouble may ensue upon this difference m●de between the ministers and the magistrates there , the former whereof having begun the trouble , 't is thought may severely smart for it . mijn heer mycope who hath been long detained a prisoner concerning accompts belonging to the states , hath now his sentence for to pay gild . fine , defray all charges of imprisonment , and to answer at the law all suits that shall be brought against him by any person he hath wronged , m. boshuysen and two more guilty of the same fact , have all their goods and estates confiscated , and their persons for ever banished . advertisement of a book newly printed and published . ☞ divine efficacy without humane power . opened in a sermon preached at st. margarets church in vvestminster , before the right honorable the house of commons , june . . being the day of solemn thank giving for the happy return of the kings majesty . by edward reynolds d. d. and chaplai●i● ordinary to the kings most excellent majesty . sold by george thomason at the rose and crown in st. pauls church-yard . advertisements . all deputy postmasters and officers , that hold themselves concerned in the settlement of the posts , in the several stages of plymouth road and bristol road , are desired to take notice , that an agent is appointed by the master of his majesties post-office who begins his journey towards plymouth upon thursday the second of august , to settle all the posts in the several stages upon that road , who returns by b●istol , to settle all the posts also upon that roade . gentlemen , you are desired to take notice , that mr. theophilus buckworth who for some years past permitted , and gave directions to his brother mr. edmond buckworth , to make and expose to sale for the publick good , those so famous lozanges or pectorals approved for the cure of consumptions , coughs , catarchs , as●●m●'s , hoarsness , strongness of boc●th , coins in general , d●seases incident to the lungs , and a soveraign an●●●o●e against the plague , and all other contagious diseases , and obstructions of the stomach . doth now himself ( bei●g the author and first compounder of them ) make them at his house on mile-end green . and for more conveniency of the people , constantly leaveth them sealed up with his coat of arms on the papers with mr. richard ●owndes ( as formerly ) at the sign of the white lion 〈◊〉 the little north door of pauls church , mr. henry●ei●e over against dunsta●s church in fleetstreet , m● . william milward at we●minste● ▪ h●ll gat● , mr. john pla●● at furni●●als-inn gate in holborn , and mr. robert horn at the turks head near the entrance of the royal exc●ange booksellers , and no others . this is published to prevent the d●signs of divers pretenders who counterfeit the said lozenges to the disparagement of the said gentleman , and great abuse the people . on wednesday the ● of july was stolen out of peekham f●●ld , thr●● miles off london , a sorr● 〈◊〉 ●●●teen hand s●● high , having two wall eyes , bald fac'd , four white feet , much white about him , having 〈…〉 sides ga●len with a pack-saddle , being a bakers horse . if any person can bring tidings to mr bellamy at the plying horse in ●hames-street , near the bride foot , they shall be well rewarded for their pai●● . his sacred majesty gave his royal assent to these acts following : the act for tonnage and poundage ; the act for continuing the excise till the . of august . an act for the present nominating of the commissioners of sewers ; and an act for the restoring james marquess of ormond all his honors , mannors , lands and tenements in ireland , whereof he was in possession on the . day of october . or at any time since . of these we shall give you some account , referring those that are desirous of farther satisfaction , to the acts printed at large by his majesties printers . in the first there is granted to his majesty , of every ton of french wine brought into the port of london by his majesties natural born subjects by way of merchandise , l. s. and by strangers l. if brought to any other port , by natural born subjects l. by strangers l. s. of every but or pipe of wines of the growth of levant , spain or portugal , brought into the port of london by his majesties natural born subjects , l. s. by strangers l. if brought into any other port , by a natural born subject l. s. by strangers l. s. of every acom of wine of the growth of germany , brought into his majesties realm and dominions by natural born subjects s. by strangers s. there is also granted another subsidy of poundage , viz. of all goods exported or imported by way of merchandise by any natural born subject denizen and alien , of every s. valued according to the book of rates ● d. and of every s. value of any native commodity or manufacture wrought of native commodity , carried out by any merchant alien , d. over above the d. aforesaid , excepting old draperies , wines limited to pay tonage , &c. in the books of rates custom-free . there is likewise granted a further subsidy to continue from the . of june inclusively during his majesties life , for every short woolen cloth not above yards long , and l. weight , exported by any natural born subject , of s. d. and of every cloth of greater length and weight proportionably , and of every short cloth of lesser length and weight , accounting so much to a short cloth according to the book of rates s. d. if exported by strangers , s. d. it is further enacted , that if any goods be put in a vessel to be exported , or unshipp'd to be laid on land , duties being unpaid , and no agreement for them in the custom-house , the goods shall be forfeited one moye●ie to his majesty , the other to him that seiseth or sueth for them . it is further enacted , that if the goods of any merchant born denizen after the said . of june , shall be taken by pyrates or perished at sea , during his majesties life , the duties and subsidies being formerly paid , and due proof be made thereof , the same merchant , his executors or administrators may ship so much goods as were lost , without paying any thing for the same . and that every merchant denizen that shall ship any goods in a carrack or gally , shall pay as an alien . provided notwithstanding , that all herrings and sea-fish taken on the sea by his majesties subjects , may be transported out of this realm in vessels of his , majesties subjects , without payment of custom , subsidy or poundage , during his majesties life . it is further enacted , that the rates intended in this act are those mentioned in a booke entituled , the rates of merchandise , subscribed with the hand of sir harbottle grimston baronet , which booke is to remaine during his majesties life . it is further enacted , that where the goods amount to the value of l. or more , no other fees shall be received than such as were taken in the fourth year of the late king james , without further authority of parliament . provided that no person who betwixt the of june and the of july . hath received or paid any duties or customes according to the rates used in april . shall be molested for such receipt or payment . and it is declared that no person who hath shipped any goods in the same time , shall be lyable to the payment of any other duties than such as were used in april . it is likewise enacted , that it may be lawfull to transport ishn , armor , bandileers , bridle-bits , halbert-heads and harpes , muskets , carbines , fowling-pieces , pistols , pike●eads , sword or rapier blades , saddles , snaffles , stirrops , calveskins dressed or undressed , geldings , oxen , sheep-skins dressed without the wool , and all manufactures made of leather , as also gunpowder , when the price doth not exceed l. the barrel , wheat when at s. the quarter , rye , beans and pease at s. the quarter , barley and mault at s. the quarter , oates at s. the quarter , beefe at l. a b●rrel , porke at l. s. a barrel , bacon at d. a pound , butter at l. s. the barrel , cheese at l. s. the hundred , candles at s. a dozen pound at the ports when they are laden , any law to the contrary notwithstanding . provided that it be free for his majesty notwithstanding this act , to prohibit at any time the transporting of gunpowder , or any armes or ammunition . it is further enacted , that besides the former rates there shall be paid to his majesty , out of every tun of wine of the growth of france , germany , portugal , or mardera , l. of other wine l , within moneths after the importing for which security shall be given ; but if the same wines shall be exported within moneths , the security he shall be discharg'd or if he hath paid money he shall be allowed at per cent for a year . it is farther enacted , that after the of july all wines shall be discharged from the imposition of excise . it is further provided that the prize wines ought not to pay or be charged with any custome , subsidy &c. in the act for continuing the excise , the imposition of excise is continued to be collected & paid , as also arrears unpardoned to the commissioners that now collect the same from the of june inclusively . to the of august the same year ; provided all sorts of oyles , wines , &c. imported after the of july be discharged from that duty . in the act for commissioners of sewers , it is enacted , that commissions of sewers shall and may be directed at any time before the of october next ensuing , not after , according to the manner and forme expressed in the statute of the of king henry the , as the lord chancellor lord comcommissioner of the treasury , the chancellor of the dutchy of lancaster , lord cheif baron of the exchequer and the justices of either bench or any of them wket●of the lord chancellor . to be one shall appoint and that they shall have full power to execute as any commissioners of sewers ot any time before . advertisements . reader , pray take notice , that in his majesties proclamation lately set forth for dayes of holding the assises in the several counties of this kingdom , there is a great mistake for the day of holding the assises for the county of cornwal , which is there said to be wednesday the fifteenth day of september , whereas it should have been wednesday the nineteenth day of september ; of which all persons may take notice . there was lost between bishops gatestreet and grayes-inn , a black box , somwhat square , wherein there were parchments , written in latine , sealed . if any one can give notice thereof to mr. skelion a bookseller in duck-lane , at the sign of the hand and bible , he shall be well rewarded . if any person have found a small almanack of gold smiths , bound in blew leather , with gilt leaves and claspes , lost either in whitehal or westminster , upon saturday the twenty eighth of this mouth ; they are desired to leave it at mr. charles toveys house , an apothecary at the sign of the horshooe near the new-exchange , and they shall be rewarded for their pains . paris the of july s. n. saturday last the queen mother was at mass in the church of notre dame , from whence she came to the castle of vicennes , and dined there with the king ▪ on monday the cardinal was very ill of the gout and gravel , but by vertue of some remedy which was given him , he vo●ded two stones , since which he hath been pretty well . the king visits him every day with great care , and so doth the queen mother ; prayers are made in all churches for his recovery , which now only is expected , to appoint the day for the queens entrance , for which preparations are still made ▪ and with much industry continued . to make the shew the more splendid , the citizens are daily assembled in all the parts of this town ▪ to exercise and train them up in arms . some days since the abbot fantoni , envoy extraordinary from poland , had audience with the king , whom , in his masters name , he gave thanks for those good offices his ambassadors had done concerning the peace with sweden and poland , and afterwards complemented his majesty touching his marriage : he had likewise audience given him by the queen mother , the young queen , the duke of anjon , and cardinal mazarini , with whom , it is said ▪ he had also a conference touching the present war with the muscovites . from the castle of vicennes of the same date . the king and queen are daily here , expecting the day of their entrance at paris , and the recovery of the c●rd●nal , for whose present indisposition the whole court seemeth to be troubled . the young queen having a minde to divert her self , and to see the fashion of paris , went incognito in madamo●selle d'orlea● her coach o● munday last , towards this city ; but the noise of her coming being bruited all over the town , the people ran to meet the coach with such a multitude , that her majesty was forced to return back . and because she had still a desire of seeing paris , she went thither yesterday unknown , accompanied by monsieur the duke of a●●ion where by the way she saw the queen mother at val de grace , their majesties went together to the louvre , and thence they visited the cardinal , and so returned to vicennes . a courrier is lately dispatched hence ●or spai● , to carry the news of some evident marks taken notice of , that the queen is with childe . whitehall . on monday last his majesty was graciously pleased to confer the honor of knighthood on a young swedish nobleman , baron conrad gyllenstierna . we have no● of late made any mention of millitary affa●rs , which being at the present a matter of great importrnce as to the safety of the kingdom and preservation of the quiet of the people , we shall now be somwhat the more large in giving you an account of the officers of the army lately setled in command . and first we shall begin to give you a list of those not formerly mentioned in the lord viscount mordant his regiment , viz. hartigill broon capt. tho : higgins capt. francis arundel lieut. phil. er● ensign . tho pride capt. james smith lieut : nath. harison capt. james gerrard lieut : rich. gwyn capt. _____ rowlenson lieut : antho : hastings ensign . next we shall acquaint you with some little alteration in col. tho. reads regiment , where peter pike , late capt. li●utenant , hath the company that was capt : belohams , who is removed from that command , john curtice capt. lieut. marris brown ens● . to capt. pike in the place of robert read . francis everard lieutenant to capt. george everard , william jones ensign ▪ we shall now show you how the regiment of horse that was vnton crokes , is disposed of viz. dan oneale of his majesties bedchamber , colonel of the regiment , william basset son of sir richard basset governor of cardiffe castle , capt. lieut. sir john stevens major ▪ lord mandevil , eldest son of the earl of manchester , lord chamberlain of his majesties houshold , captain of the tro●p l●te capt. whethams , lord windsor captain , nicholas armerer , capt. one of his majesties esquires , commands the troop late capt. gascoignes . bartue , second son of the earl of lindsey , captain of that which was col. vpcotts troop . that regiment that was col. tho : sheffeilds , is now commanded by the right honorable lord osserie , eldest son of the marquis of ormond , and tho : shieffeild is his lieutenant colonel . having thus far shewed you the settlement of the army , now take an account of some garrisons , where we shall first begin with earl of portland governor of the isle of wight , and all the garrisons and ports therein . humphrey turney captain of comes castle . barnaby burleigh ( brother to that valiant burleigh that was murthered in the isle of wight ) governor of yarmouth in the isle of wight . william lord sandys governor of portland , weymouth ' and sandfoot castle . with these we will take in george rawleigh captain-lieutenant to the right honorable the earl of s. albans in the island of jers●y . though these persons and others entrusted with commands in the army , are of greater fidelity then to be suspected in the least of disloyalty , yet too much care cannot be taken for the safety and security of his majesties kingdoms ; and to this purpose , several commissions are granted under the great seal of england , to persons of known integrity and loyalty , to administer the oaths of allegiance and supremacy to all the officers and soldiers , particularly to buller , a member of this present parliament , and major of his highness the duke of york's regiment , to see that duty performed by the officers and soldiers of the said regiment ; as also another commission to jeremiah smith , to see the same done in sir john cloberies regiment , of which he is major . commissions under the great seal are likewise issued out to the several muster-masters in ireland , to administer the said oath of supremacy and allegiance to all the officers and soldiers within the precinct of their musters . care is likewise taken for setling the militia in such hands as may be most serviceable to his majesty , and satisfactory to all that wish the peace of the nation . letters from edenbrough of the july , inform us that the english commissioners there , have sent up such soldiers as were in the hospital at edenbrough , to london , to be further provided for : as likewise , that they have released several prisoners , some that were driven in by a storm at kelkowbery , and there taken , belonging to cap. patrick taylor , ●n the ship called the st. a●n of st. sebastian , as also above others that were taken by his majesties frig●t called the greyhound . they give us no other account of the la●●d warriston , than that they have yet no intelligence of him , though a hundred pound sterling is assured to any one that shall bring him . for the legal dispatch of ecclesiastical matters , dr. chawworth was by the dean and chapter of canterbury , elected vicar-general above a fortnight since ▪ london , printed by john macock and tho : newcomb ▪ . the observator defended in a modest reply to the late animadversions upon those notes the observator published upon the seven doctrines and positions which the king by way of recapitulation layes open so offensive. animadversions animadverted. parker, henry, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing o e thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) the observator defended in a modest reply to the late animadversions upon those notes the observator published upon the seven doctrines and positions which the king by way of recapitulation layes open so offensive. animadversions animadverted. parker, henry, - . p. s.n., [london : ] anonymously published by henry parker. also published in the same year as: animadversions animadverted. caption title. date and place of publication from wing. annotation on thomason copy: "animadversions animadverted, or" at head of title; "aug: ". reproduction of the original in the british library. eng animadversions upon those notes which the late observator hath published upon the seven doctrines and positions which the king by way of recapitulation (hee saith) layes open so offensive -- controversial literature -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason e _ ). civilwar no the observator defended in a modest reply to the late animadversions upon those notes the observator published upon the seven doctrines and parker, henry c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion the observator defended in a modest reply to the late animadversions upon those notes the observator published upon the seven doctrines and positions which the king by way of recapitulation layes open so offensive . the animadversor hath attacht the observator , just like a weak and degenerous enemie , that durst not encounter his adversary in open field , but lodgeth himself in some obscure and ignoble passage , to attempt at least upon his arriere-guard , not being able to pierce into his main body . the ingenious peruser of both , i doubt not , may discern that the observator in the conclusion of his treatise only recapitulated seven results out of his majesties papers , in contradiction to his antecedent disquisition , & the parliaments proceedings , that so one might compendiously view the subject of his discourse , and as it were by an index find out the confutation of his majesties positions , by the fore-going arguments of the book , which the animadversor very cautelously is pleased never to take notice of in the whole discourse . . in the first position , the animadversor grants the observators arguments for the declarative power of parliament in respect of the safe residence of that power in the bosome of the jutelary assembly ; but with this restriction , that he should have allowed the king his place in parliament , and not have named a parliament without him . but how could the observator without affronting impudence speak otherwise ? seeing his majestie in present is pleased actually to have his residence out of parliament , and will not allow himselfe a place in it ; but in stead of concurrence with it , seeks the remotest distances from it . the better therefore to see how the king and parliament are in parts , we will first negatively and then positively open the present controversie betwixt them , which is the cause of their disjunction . which in the first place is not this which most men conceive , that when his majestie shall agree , and the parliament likewise agree , for establishing some new law , or interpreting some old , which may be for the particular commoditie of some conditions of men onely , in the common-wealth ; whether then the king ought to declare this or that to be law exclusively of the parliament , or the parliament doe the same exclusively of the king : but positively it is this ▪ when there is visibly a danger readie to confound the whole common-wealth , and consequently all particular commodities and persons , whether the state if then convened , may not lawfully of it self provide for its preservation , especially if the king either see not the danger , or seeing it , will not provide for it in such manner as may give best securitie to himself and common-wealth : when therfore such a question shall justly arise betwixt king and common-wealth ( which collectively is that we call a parliament ) it being of publike interest of state , and so de jure publico , it cannot fall under the examination of any inferiour judicature ( with which those so known voted lawes , the animadversor speakes of , are to be found . ) for that is furnisht only with rules of particular ( not universall ) justice , for the decision of particular differences betwixt this or that man , for this or that thing . which rules being too narrow for so capacious a subject , we must recurre to those that the originall laws of nature and policy hold out to us , which must needes be superiour to the other . the chiefest rule of that is , ne quovis modo periclitetur respublica , that by all means publike safety be secured : and every state must principally endeavour to hold fast and sure our publike sociable incorporations one with another from publike distresses , calamities and destructions , which may arise from our selves or other forraign kingdoms : and whilest that is done according as natures lawes and policy prescribes in vniversall justice , they may well in the mean time proceed to make or revile lawes of particular justice , which is of particular things , whereby we may commutatively encrease our fortunes and estates one by another , or by forraign commerce . but if those that fit at the head of the common-wealth shall let loose the helm of it , and so let it float at all hazards , or else unadvisedly steere it directly towards rockes and shelves , it selfe is bound by those originall lawes ( which surely may be some meanes ) to save it self from a wrack : and how the king is not invaded or wronged by having himselfe and his kingdome preserved from imminent danger , and how it is possible a king may ruine his kingdom , follow in its just place . in the meane time from these premisses we prove that the parliaments method is most excellent ; for in the first place it endevours to secure the being of the cōmon-wealth now floating at hazard ; and afterwards to apply its self to quicken particular laws for our wel-being . now therfore the fundamentall law which the animadversor so hotly cals for , & the parliament squares by is not such a one as ( some say ) was never known before it was broken ; nor ( as he saies ) lies mentally or parliamentally in the wals of the parliament house to be produced upon any emergent occasion : but is such a one as is coucht radically in nature it self ( and so becomes the very pin of law and society ) and is written and enacted irrepealably in her magna charta , which we are not beholden to any sublunary power for , but belongs to us as we are living and sociable creatures . and no knowne act of particular justice or right to this or that petty thing , can clash with this , but must in equitie vail to it , as to its superintendent . for what can those particular acts of law , which are to encrease our private and domestick profit advantage us ? when it s doubtfull in so great dangers whether we may enjoy our lives at all , or no . it is therefore notoriously calumnious and inconsequent which the animadversor from hence affirms , that the parliament affects an arbitrary power , or the particular rights in ordinary course of justice , as also the safety of king and people must at all times totally depend on their votes exclusively of the king : which in the following position comes to be more fully disproved : which power we confesse with him can never be safe either for king or people , nor is presidentable . . posit . parliaments are not bound to presidents ( saith the observator ) because not to statutes , viz. absolutely ; for the cause both of the one and the other is not permanent : and t is true therefore which the animadversor saith , that they are durable , till they be repealed , which had been to good purpose had he ever denied it , for he rightly attributes no more power to statutes then to other particular lawes , which ( as is proved in the first position , and further shall be in this ) cannot in his case stand in equitie , nor act beyond their power , and that contrary to the legislative intent , viz. to be a violation of some more soveraigne good introduceable , or some extreme and generall evil avoidable ; which evil otherwise might swallow not onely statutes , but all other sanctions what ever . and thus in respect of the effect , they may be said in some sort to repeal themselves . for really in such a case they become mortified , and can doe no more for us . for the parliaments case and controversie ( which the animadversor still forgets to be of preserving the whole kingdome , and so , de jure publico ) is of so transcendent a nature , " de facto , it may not , and de jure it ought not to be restrained by pettie and mortified statutes or lawes , in acting so much good for us . but how should presidents ( as the animadverso saith ) be best warrants ? or how should they be in the like degree limiting or binding that oaths are ? consider the consequence , such or such a parliament did not or durst not doe this or that , therefore may no parliament do it ? some parliaments , not comparable to the worthies of this ) have omitted some good out of supinenesse , difficulty , or to avoid a greater evill , which might be valuable with the good desired ; some perhaps hath done ill which the integritie and worth of this abhors to think of ; so that neither king nor parliament have reason to plead so strongly for coherents to presidents . but both have better rules if they will not deceive them , which are , to direct all by the interest of state ( which is never accusable of injustice ) and by equitie , which we may call a generall law : and though it be variable according to the subject matter and circummstances , yet it is that only , which will not let summum jus be summa injuria , which is the supremest right that can be done us . and it remains to be wisht that the animadversor would have shown us in this main businesse , wherein the parliament hath gone crosse , either to publike interest of state or equitie . to say ( as the animadversor doth ) that this single and extraordinary case excludes the king from supremacy ( even above particulars ) and divests him to the naked priority onely of place and title , is that which blasts it self , unlesse the animadversor , be able to prove the kings exercise of his former power totally intercepted , and the more now then in other parliaments of the like circumstances , or that he is ruin'd by having his kingdome preserved . but serjeant major skippon ( who is a particular ) was not permitted to obey the kings summons of him , therefore the king ( saith the animadversor ) is denied a power even above particulars . but we answer that his case reports to that of the parliaments , and must stand or fall with the equity of that . in the mean time he is so imployed , that he could not have been in any more redounding to his majesties solid happinesse , which ( rightly understood ) would have prodnced rather an excuse than an accusation . for the parliaments discharging of their trust ( which the animadversor fears so much ) it is so notorious to all uncorrupted and unbiast judgements , that we have reason to pray , that those who so advisedly elected them in a time of lesse danger to the kingdome , than this present is , be not more disloyall to them , than they are to their chusers . what they have actually effected with the kings concurrence , the animadversor i hope will not except against ; and what they desire further to effect ( wherein they so humbly and pariently have attended his majesties concurrence ) is onely for the happier continuation of that other to us , and is to be reputed good or ill , in order to that . where then is the evill for which the parliament must be so scourged by all sort of hands ? why did we engage them so studiously to wipe off that rust , which began to eate so deep into the letter of our lawes , and all our possessions ? and to make new purchases for us of all our estates ? if now being assembled they cannot discerne what and where those lawes are to be found , by the luster and power of which they they should act all this for us . we have blessings plentifully in store for his majesty , but desire he would not reduce the ultimate resolution and reserch of the law ( our blessing ) to be in his own bosome , more than in that of the parliament , lest when god in his anger shall deprive us of so great a blessing as is his life and government , that dye with him . i shall not multiply on the animadversors arguments ; of the possibility of the parliaments erring , and not rightly discharging their trusts : all which might be more powerfully urged on one man confiding in his own singularity . he might have knowne them to have been unanswerably refuted and kild before their birth . but since he will have the parliament so great practitioners of popish policy , in respect of some infallibilitie , which he saies , and they never arrogated ; save onely a probabilitie of lesse erring in that question betwixt his majesty and themselves ; let me , i say , nakedly recite what the learned , and yet unanswered divine in this matter ( which the animadversor so triumphs in ) hath urged against the papists , whom it most concerns , so to leave the reader to assume what shall seem most deduceable to himself ; his words are these . * he that would usnrp an absolute tyranny and lordship over any people , need not put himself to the trouble and difficulty of abrogating his laws , made to maintain the common liberty , for he may frustrate their intent and compasse his design as well , if he can get the power and authority to interpret them as he pleases , and have his interpretarions stand for laws . i shall not need to recapitulate the condition of our lawes before the parliament , nor yet what interpretations they received ; which interpretation were held so authentique , that they made the law but a nose of waxe , to wring sometimes this way for ship money , and for the lawfulnesse of it , as to make the king likewise the sole iudge and redresser of all publike dangers , sometimes another way for legall monopolies , &c. let the world then iudge who arrogate most infallibilitie , or have more made use of papists or popish policy . . the observator saith that the parliament deserted by the king in the whole kingdomes distresse may relieve it and the king . here is asserted the publike interest of state , which can fall under no notion of any inferior court to examine . but the animadversor draws this consequence from thence ; that then every mans estate may be wrested from his propriety and possession : quàm urceus exit . here he doth most palpably discover the loosenesse of his logick and cause , and how little he holds to his premisses , and state of the controversie betwixt king and parliament , which i so oft noted before , and shewed the case to be de iure publico , and so politicall . commutative therefore and distributive iustice being of inferior matters have their inferiour courts , and the apparant letter of the law to decide , and power to actuate what is rightly decided . but this controversie being de iure publico , of a publike right , it fals under the notion of another sort of iustice , whereas particular proprieties and possessions fall under those two inferiour sorts of iustice , as hath beene proved in the conclusion of the first position , which together with this shew the sandinesse and incoherence of the animadversors consequence . here therefore we will onely note , that even in a common distresse ( which is lesse then a publique ) without a vote of parliament , or expecting any other dispensation of right , a particular propriety may be destroyed by a community to preserve it self : as when the sea breaks in upon a county , a bank may be made of and on this or that mans ground whether he please or no ; and when our neighbour vcalygons house blazes , frequently we see some houses pluckt down ( where the fire actually broke not out ) lest it should consume the whole street . and 't was equitie ( before poesie ) that in reof the propinquitie of the danger , we are supposed to be even in the danger it spect self ; and that the house so pluckt down , is not supposed so much to be dilapidated as burnt . tum tuares agitur paries cum proximus ardet . but i wonder by what act or declaration the parliament hath denyed a compensation to the sufferer in that kind , as the question now stands ? if all men did not know that the parliament hath so provided for the indemnity of those at hull , perhaps the animadversor might have gained the credit of some modesty in averring , that the parliament upholds publike good with private misery . with the like grace also , and with sufficient confidence doth he tell us , that if there be a great distresse in the kingdome , it is caused by the parliament claiming that power which cannot consist with the royall estate of his maiesty . 't is prodigious to all honest understandings , that the near engagements of warre the scots twice meerly upon misunderstanding ; that the design of strangling the parliament as soon as born ( for proof of which the parliament presumes to have had too much sufficiency ) having the bloudiest and true papisticall war in ireland raysed against our nation , and that against the parliament especially ( in the walls of whose house they haac already endangered a breach , j am perlucente ruina ) that even now among our selves we see some , who with more alacrity are ready to imploy themselves against that sacred assembly , than against those unchristian rebels , and yet that all this should be too little to evince the realitie ( as the animadvertor saith ) of a distressed kingdome ; and who is yet more transcendent , that all this should be caused by the parliament , which aimes at nothing but the extirpation of the parliament root and branch , and of which some part of it ( viz. the scots troubles ) had being long before the parliament had any ; and then i pray , how could it be the cause of it ? how the king is head and we the body , and how the king cannot be insulted over by having his kingdome and selfe preserved from ruine , is proved at large by the observer , beyond the capacity of any his animadversions . whether the people may revoke all they actually have transacted to their king , is a question very impertinently inserted by the animadsor , in respect of any thing that the observator hath in the parliaments case ; which is such , that when the king shall have endeavoured his utmost , he will find , that he shall not be able to preserve the kingdome in extremitie of distresse , without the assistance of the kingdome it self . however this the observator denies , that the people could make such a conveyance of power to their kings , as might prove destructive of humanitie : so that much of the animadvertors divinity might have been husbanded for an apter occasion . neverthelesse st paul in the . of the romanes , tells us not what power is the highest , but that that power which is the highest ought to be obeyed . againe as st paul speaks first of a few particular disperst men , and those again in a primitive condition ; who had no means to provide for their preservation . moreover it is very observable that sn paul in the . verse speaks of a ruler , as our law speaks of our king , viz. that he is not a terrour to good but to evill works : the law likewise saith , the king can doe no injustice . the interpretation of the one must square with the other , and that must be according to the distinction of fact and right . for according to fact , st pauls ruler may be a terror to good , and a cherishing to evill works ; but by right he ought not to be so . our law saith , our king rather ought noi in right , than that de facto he cannot doe injustice ; for we know there have been both unjust kings and ill rulers . but least there should be such , scripture it self as well as our parliament doth endeavour to binde them from exercising ill . as deut. . ver. . . the king shall have a book to learn to keep the law , and doe according to it , lest his heart be lifted up above his brethren . and ezek. . . the prince may not take of the peoples inheritance by oppression , and thrust them out of it , but shall be content with his own possession , lest other men be scattered from their possessions . wherein then hath the parliament denyed the king that due which st paul allows his ruler ? who he saith , ( as is very observable through the whole chapter ) that he may be a minister to us onely for good : and to keep the parliament even with st paul , what else doth it hazard it self for , but for refusing to favour the king in an uncircumscribed power of doing ill ? which facultie he vindicates to himself irrestrainably , and that by virtue of some right and enlargement of law and religion , even to doe all manner of ill , if so be he shall ever be pleased so to doe . moreover s. paul hath not , nor could anywhere repeale the lawes of nature , so that if the parliament in its case hath neither declined them , nor our own originall contracts , nor the present interest of state , nor s. paul , then i hope , it hath kept it self consonantly to law and religion . out of all this ( with what followes in the sixth position ) wee may easily answer to the anymadversors objection of resistance . for out of those premises it appeares . that in the king there are two things onely ; first , his person ; secondly , his office , authoritie , or as st. paul cals it , his power : for his person we hold it alwayes inviolable : for his power or office , because st. paul saith , it respects us onely for good , it s very reasonable that we apply our selves in obedience to that for our owne sakes as well as for his . but the court parasites they are not content with this distribution , but adde to the person and power , or office of a prince , that which they call , the will or pleasure of a prince ; or rather they marry the power or office of a prince to his will : and so by that subtill conjunction they proving them all one ( quia omnis potestas est voluntatis ) then they aske us the question , whether we are not equally bound to obey the one in all latitudes as well as the other ? as if we had contracted for the evill as well as the good , and that , as it should seem best to the prince we contracted with . but to that we clearelier answer , that because the will lies under an indifferencie of commanding the ill , as well as the good , we may lawfully embrace that part and power onely of his good , ( as st. paul saith ) which indeede is the very essence of his power , and makes him a king : and we may reiect the other , which makes him a bloody tyrant : yet not so as to violate his person in any case ( no more than david would king saul ) but preservatively to thrust as farre from us as wee are able all other blood-suckers , who are forward to execute on us his ruining commands ; because in such a case he contracts his owne ruine as well as ours , and is supposed to be in a distemper , and in stead of a wholsome potion to call for poyson , which i thinke no good or honest physitian would obey , but rather resist those that would obey him . wherefore in these considerations , it is not here as the animadversor saith of the parliament ; nolumus hunc regnare super nos ; but nolumus hos destruere no● . but of this in the sixth position . and for this hath beene asserted , i know i quote our owne gracious prince , who hath beene pleased thus to indoctrinate us in his severall protestations , of ventring his owne life to preserve us in the fruition of our due liberties of subiects ; which we are sure we cannot enioy from him , if by that protestation he intended to force upon us , a duty and allegiance of embracing all those tormentors whom he should send to us at any time , on any occasion ( lawfull or not lawfull ) to spoyle us either of our lives or subsistance ; if so be so much evill should possibly hereafter enter into his maiesties secret thoughts and will , of which therefore seeing there is never a knowne law of the land , and that it hath no analogie with the true protestant religion , and our own iust liberties of subiects , we will presume that his maiestie abhorrs the thought of chaining us to such a slavery for his owne part , both in fact and right ; though alas he cannot promise us that all his successors shall doe the like . wherefore the animadversor doth plainely abuse his maiestie in this argument , and doth desperately corrupt his present cause . thus wee see what evils wee may thrust from us , and how we are bound to preserve the kings power or office , together with his person as much as our owne . but the animadversor , together with his tribe , preach another kinde of doctrine , from whence they know how to raise better uses for their ends , than the king can doe any ; and that is , that in stead of opposing the worst of those evills which by a kings bare pleasure may be that we should suffer by the hands of other persons , that we should , i say , simply betake our selves to flight , leaving all that we have in this world , but our lives , to the kings disposall , and to be transferred to those whom he shall thinke better worthy of them than our selves , but in the parliaments case it hath beene observed , that as it is impossible ( in a manner ) for a whole kingdome to flie , so surely cannot that be required of it : this case is not as davids ( a particular mans ) was , who being in the right , yet in danger , fled indeed , but it was from one place to stand better on his guard in another . . no member of parliament ought to bee troubled for treason upon suspition only ; especially i say , in such a case , whereof not only the whole house , but the whole kingdome knows it selfe to be alike culpable . and that the accused were in safe custody , is not to be doubted of by the animadversor , if the ingagement of a whole kingdome can give security : which is sufficient enough for five men , for ought the animadversor hath to the contrary . . because the parliament to save a whole kingdome once from ruine , hath used some power which is communicable to a whole kingdome in such an extraordinary case ; therefore it may ( saith the animadversor ) usurpe it in ordinary cases ; because it may declare the danger what it will at pleasure , and it is not infallible . as this consequence of the animadversor is the same with that of the third position , so may the answer of that be applyed to this , to which i shall refer the reader . this only will i adde , that there is no need to create an infallibility in the parliament to discerne matters of fact within every mans cognizance ; but to afford it only a probability of lesse erring , or being lesse deceived rather than a particular individuall ; and that its common interest joyned with its indirectnesse and integrity ( of which the extraordinary exact choosing of the members at the beginning , it is an extraordinary proofe ) may bee a forcible improbability of its ever usurping such a power in ordinary cases , which as it cannot be serviceable any way to us ( because ordinary cases have their most convenient courses certainly regulated ) so can it not be but extreamly dangerous to themselves alone , and no waies advantagious ; because in such cases we participate all of us of the like conveniences . this position the animadversor is pleased to conclude with a riddle ; that the ruines which the parliament intends to save the kingdome from , is to save it from monarchy . — risum teneatis amici ? are we so overgrowne with that government , which our laws are lockt and cabenetted in , in such manner , that the wounding of the one is the bleeding of the other ? or is it true which the bishops have so long pulpited at court , that the razesing of their power must be the ecclipse of the other ? although we know , and all the world with us , that monarchy was of a more extended latitude and absolutenesse before christianity was profest by any monarch , then ever it was since : or more coherently to the animadversors own words ; can there be no abuses or cobwebs in church or common-wealth , but they must needs be spun out of the bowels of monarchy ? so that the reforming & sweeping away of the one , must needs be the sweeping away of the other ? for our owne part● , we will not make them so much son and father , although the animadversor bee pleased to doe his majesty this good service . what then , the too too true ruine of the kingdome is conceived to be , is set down in the third position ; and what connexion there is in making monarchy the same with that , let the refinedst and the rudest logick collect . . whether levying of forces against the personall commands of the king , though accompanied with his presence , be to war against the king , is largely discoursed by the observator beyond any force of reason which the animadversor hath used to enforce the contrary . his majesty acknowledged much of this to the scots , whose preparations were in all respects like ours , and which his majesty found to be non tam contra quam praeter authoritatem regis , after hee had prest the animadversors arguments as warmly , as now he doth against other of his good subjects , though yet suffering under the great calamity of his royall displeasure . but to say little of that which is so notorious to us all of this kingdome ; let us look over to france , and there we may see those who were as much protestants as we , that levyed armes against their kings commands , accompanied with his presence , and yet our king never thought them the worse christi●ns or subjects for that , and therefore made himselfe a partizan with them in their very cause ; so clearely was the piety and lawfulnesse of such an act at that time reconciled to his majesties conscience and understanding . all which the animadversor must needs confesse , unlesse he will own the present declarations of the rochelers , who with execrations of us say ( upon the event of their war ) that the duke of buckinghams design was to destroy and eate them up ; and that they had preserved their liberties and religion from any adulterate mixture of popery , had they never seen him . but according to the animadversor , it is impossible a king should ruine his kingdome , because he shall alwaies have the major part with him . but modern miseries shew us the contrary , witnesse the neare depopulated principalities of germany . but to answer the argument with like reason , i say , that after a king shall have destroyed the minor part of his kingdome with his major , why may he not then , by some differences in the major part , be a cause even to bring that to destruction too ? but without supposing such a fate , why may he not , nero like , for pleasure sake , desire that all the heads of the major part stood but upon one neck , that so he might chop them off at a blow ? seeing then such a king may ruine his kingdome , ( by lamentable distresses and depopulations ) and if a parliament hath the power to hinder it , it doth that which it is bound to doe , and which is neither against the person , or genuine authority of the king , unlesse we can apprehend a kings authority without a kingdome ( which is the object it extends to , and acts in , and which wee have proved he may destroy ) and without which the animadversor must needs reduce such a king to a barer title , then he said our parliament would reduce our king to . finis . notes, typically marginal, from the original text notes for div a e- chil● c. . p●● by the king. a proclamation for the further proroguing the parliament proclamations. - - . england and wales. sovereign ( - : charles ii) approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing c estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) by the king. a proclamation for the further proroguing the parliament proclamations. - - . england and wales. sovereign ( - : charles ii) charles ii, king of england, - . aut sheet ([ ] p.) printed by john bill and christopher barker, printers to the kings majesty, london : . at end: given at our court at whitehall, the th day of april, . in the th year of our reign. god save the king. reproduction of the original in the bodleian library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- parliament -- early works to . great britain -- history -- charles ii, - -- early works to . great britain -- politics and government, - -- early works to . - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - john pas sampled and proofread - john pas text and markup reviewed and edited - pfs batch review (qc) and xml conversion by the king. a proclamation for the further proroguing the parliament . charles r. the kings most excellent majesty , taking into his princely consideration , the hazardous consequences , and perils which may ensue by the extraordinary resort of people which must necessarily attend the sitting of the parliament , if the lords spiritual and temporal , and commons should assemble at westminster at the time now prefixt ; by which occasion ( especially at this season of the year ) the late contagion in the cities of london and westminster , ( where at present , by gods great mercy , it is almost totally abated ) may be again increased ; and for other weighty considerations , his majesty doth by the advice of his privy council , publish , notifie , and declare his will and pleasure to be , that the parliament shall be prorogued from the three and twentieth day of this instant moneth of april , until the eighteenth day of september now next coming : whereof the lords spiritual and temporal , knights , citizens and burgesses , and all others whom it may concern , may hereby take notice , and order their affairs accordingly : we letting them know , that we will not at the said three and twentieth day of april , expect the attendance of any , but onely such as being in or about our cities of london or westminster , may attend the making of the said prorogation , as heretofore in like case hath been accustomed . given at our court at whitehall , the th day of april , . in the th year of our reign . god save the king. london , printed by john bill and christopher barker , printers to the kings most excellent majesty , . by the protector an order and declaration of his highness, by the advice of his council, commanding all persons who have been of the late kings party, or his sons, to depart out of the cities of london and westminster, and late lines of communication, on or before monday the fifth day of november, . england and wales. lord protector ( - : o. cromwell) this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing c thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) by the protector an order and declaration of his highness, by the advice of his council, commanding all persons who have been of the late kings party, or his sons, to depart out of the cities of london and westminster, and late lines of communication, on or before monday the fifth day of november, . england and wales. lord protector ( - : o. cromwell) england and wales. council of state. sheet ([ ] p.) printed by henry hills and john field, printers to his highness, london : . order to print dated: thursday the . of october, . signed: henry scobell clerk of the council. reproduction of the original in the british library. eng royalists -- england -- london -- early works to . exile (punishment) -- england -- london -- early works to . london (england) -- history -- th century -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no by the protector: an order and declaration of his highness, by the advice of his council, commanding all persons who have been of the late k england and wales. lord protector a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion op blazon or coat of arms ❧ by the protector : an order and declaration of his highness , by the advice of his council , commanding all persons who have been of the late kings party , or his sons , to depart out of the cities of london and westminster , and late lines of communication , on or before monday the fifth day of november , . forasmuch as his highness the lord protector , by the advice of the council , hath found it necessary to make and set down several orders for the securing the peace of this commonwealth , the care of the execution whereof is particularly committed to the major-generals of the respective counties , and to whom all and every person and persons within the respective counties , who have born arms against the commonwealth , are to give security for the peacable behaving themselves , that the people of this nation may be preserved and secured against future troubses , by them who have so lately and often attempted their ruine ; and taking notice of the great confluence and resort of divers ill-affected persons , who have born arms against the commonwealth , or otherwise adhered to , or assisted the enemy in the late wars , to the cities of london and westminster , upon the expiration of the late proclamation . to the end the orders aforesaid may be observed , his highness , by , and with the advice of his council doth think fit , and doth hereby publish , declare and enjoin , that all persons , who have been , at any time , in armes against the commonwealth , or have adhered unto , or willingly assisted the enemies thereof in the time of the late wars , being within the cities of london and westminster , or the late lines of communication , and not under restraint , nor hereafter excepted , shall , on or before the fifth day of november next , or , if then under restraint , within five daies after their respective enlargement , depart out of the said cities of london and westminster , and late lines of communication , and all other places within twenty miles of the said late lines , unless it be their places of habitation for themselves and families , as they will answer the contrary at their perils . and his highness doth command the lord mayor and aldermen of the city of london , and iustices of the peace within the said city and late lines of communication , and of the severall counties of middlesex , hertford , essex , kent and surry , and the respective officers of the militia within the said city and liberties , the city of westminster , burrough of southwark , hamlets of the tower , and suburbs , or any two or more of them , in their respective liberties and iurisdictions , to cause strict wards and watches to be kept , and to make frequent searches for , and apprehend , or cause to be apprehended , all such persons as aforesaid , which shall be found within the distance aforesaid , after the said fifth day of november next ; and of their doings therein , under their hands and seals , forthwith to certifie his highness council ; to the end the said offenders may be dealt withall , and proceeded against as disturbers of the peace , and contemners of authority . and all sheriffs , bayliffs , constables , and all captains of guards , officers and souldiers , and other the good people of this commonwealth , are required to be aiding to the said iustices of the peace , officers and ministers , in the due execution of the premises . and for the better discovery , preventing and avoiding of plots and disturbances dangerous to the peace of the commonwealth , his highness doth straightly charge and command all the said persons appointed to depart as aforesaid , and not restrained or stayed either by imprisonment , or such sickness or infirmity of body as they shall not be able to travell without imminent danger of life , or that having law-suites necessarily requiring their personall attendance , to repair to their place of dwelling , or where they usually made their common abode , or ( not having any certain abode ) to the place of their birth , or where their parents shall be then dwelling , and not to return untill the ninth day of february , or before such person shall have given such security unto the major generall of the county whether such person shall go , as by the orders aforesaid is required . thursday the . of october , . ordered by his highness the lord protector and his council , that this order and declaration be forthwith printed and published . henry scobell clerk of the council . london , printed by henry hills and john field , printers to his highnes , . an ordinance of the lords and commons assembled in parliament. for the selling of the lands of all the bishops in the kingdome of england, and dominion of wales, for the service of the common-wealth. : with the instructions and names of all the contractors and trustees for the speedy execution of the same. : corrected according to the originall. / die lunæ, novemb. . . ordered by the lords assembled in parliament that this ordinance with the instructions be forthwith printed and published. ; john brown, cler. parliamentorum. laws, etc. england and wales. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing e aa). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e aa estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) an ordinance of the lords and commons assembled in parliament. for the selling of the lands of all the bishops in the kingdome of england, and dominion of wales, for the service of the common-wealth. : with the instructions and names of all the contractors and trustees for the speedy execution of the same. : corrected according to the originall. / die lunæ, novemb. . . ordered by the lords assembled in parliament that this ordinance with the instructions be forthwith printed and published. ; john brown, cler. parliamentorum. laws, etc. england and wales. browne, john, ca. - . england and wales. parliament. [ ], p. printed for john wright at the kings-head in the old baily., london, : novemb. . . p. - printed as - imperfect: stained. reproduction of original in the newberry library. eng church lands -- great britain. church and state -- england. great britain -- history -- civil war, - . great britain -- politics and government -- - . a r (wing e aa). civilwar no an ordinance of the lords and commons assembled in parliament. for the selling of the lands of all the bishops in the kingdome of england, a england and wales. parliament c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion an ordinance of the lords and commons assembled in parliament . for the selling of the lands of all the bishops in the kingdome of england , and dominion of wales , for the service of the common-wealth . with the instructions and names of all the contractors and trustees for the speedy execution of the same . corrected according to the originall . die lunae , novemb. . . ordered by the lords assembled in parliament that this ordinance with the instructions be forthwith printed and published . john brown , cler. parliamentorum . london , printed for john wright at the kings-head in the old baily . novemb. . . die lunae , novemb. . . an ordinance of the lords and commons assembled in parliament , for appointing the sale of the bishops lands for the use of the common-wealth . whereas by an ordinance of the lords and commons made the ninth of october one thousand six hundred forty six , the name , title , stile , and dignity of archbishop of canterbury , archbishop of yorke , bishop of winchester , bishop of duresme , and of all other bishops of any bishopricks within the kingdome of england and dominion of wales , from the fifth of september one thousand six hundred forty six is wholy abolished and taken away , and all and every person and persons are disabled to hold the place , function , or stile of archbishop or bishop of any church , see , or diocesse within the kingdome of england , and dominion of wales , by any authority whatsoever ; and all counties palatine , honours , mannors , lands , tenements , and hereditaments , and other the premises in the said ordinance mentioned , were and are vested , and setled , adjudged & deemed to be in the reall and actuall possession and seisin of thomas adams alderman , then lord major of the city of london , sir john wollastone knight , sir george clerke knight , john langham alderman , john fowke alderman , james bunce alderman , william gibs alderman , samuel avery alderman , thomas noell , christopher packe , john bellamy , edward hooker , thomas arnold , richard glyde , william hobson , francis ashe , john babington , laurence brumfield , alexander jones , john jones , richard venner , stephen estwicke , robert mead , and james story , their heires and assignes , upon trust and confidence that the said persons before named , their heires and assignes should have and hold the premisses , and every of them , subject to such trust and confidence as both houses of parliament should appoint , declare , and dispose of the same , and the rents and profits thereof , as the said houses should order and appoint . and whereas the said lords and commons the thirteenth of october one thousand six hundred forty six have declared they intending to raise the sum of two hundred thousand pounds for the present service of the state , that for the encouragement of such who should advance any summe , for , and towards the same , and to the intent they might have notice thereof ; that every person who hath advanced any money , plate , or horses , with their furniture , and arms , upon the publique faith , may for every summe of money he shall further lend for the advancement of the said summe , be secured a like summe more out of the receipt of the grand excise in course , and the sale of the bishops lands , ( except advousons and impropriations ) which shall first happen , together with all the interest after the rate of eight pounds per cent . per annum , to be paid every six moneths out of the receipts of the excise , till principall and interest be fully discharged ; as for example , if there be owing to any person a hundred pounds principall , which with interest due thereupon for three yeeres past will make a hundred twenty foure pounds , he adventuring a hundred twenty foure pounds more , may be secured for the whole two hundred forty eight pounds , as aforesaid , and so proportionably for a greater or lesser summe , and according to the interest due thereupon : and for the more speedy reimbursing of the said money secured and lent , for the purpose aforesaid , that the said lands of the bishops ( except before excepted ) are estated and made over to such feoffees for the speedy sale thereof , and such treasurers for the receipt of the moneys , as may give satisfaction to the lenders . and have thereby further declared , that it shall and may be lawfull for any person or persons to assigne his right and interest in any summe or sums of money owing to him upon the publique faith as aforesaid , to any person or persons that shall advance the like sum in manner as is before expressed . and therefore for and towards the satisfying of the said two hundred thousand pounds to be raised , or so much thereof as shall be raised , and of such money as according to the said declaration the said lenders are to be repaid for money , plate , horses with their furniture and armes , advanced upon the publique faith , with interest for the same , after the rate aforesaid , the said lords and commons have declared and ordained , and doe hereby declare and ordaine , that the said thomas adams and other the persons before named , and the survivors , and survivor of them , and the heires of the survivor of them shall stand and be seized of all and singular the said premisses so vested and setled in them , their heires and assignes ( except parsonages appropriate , tithes , tithes appropriate , oblations , obventions , portions of tithe , parsonages , viccariages , churches , chappels , advowsons , donatives , nominations , rights of patronage and presentation ) and shall take all the rents , revenues , issues and profits , which were due and payable after the first of november , one thousand six hundred forty six , notwithstanding any sequestration of the same , & all other the rents , revenues , issues and profits , that shall at any time hereafter become due and payable for the said premisses or any part of them , untill sale shall be made of the same to the uses , intents , and purposes herein and hereafter declared : and be it ordained that the said trustees , or the major part of them , shall have power and authority , and are hereby authorised , to take into their assistance such counsell learned , and to appoint such stewards of mannors , and all other officers and persons , as they or the major part of them should hold fit and necessary for the putting of this ordinance in execution , and to give such fees , and make such allowance to the said councell , stewards of mannors , officers and persons as they shall hold fit and necessary . and to make warrants to the treasurers for the payment of the same , who are hereby required to pay the same accordingly , untill sale shall be made of the premisses , to the uses , intents , and purposes herein , and hereafter declared as aforesaid ; that is to say , that out of the money raised by the sale of the said premisses , or any part of them that shall be sold , and out of the said rents , revenues , issues , and profits of the said premisses or any part of them , there shall be paid and satisfied the severall summes of money , with interest at the rate aforesaid , that by this present ordinance are , or are intended to be paid and satisfied , together with all charges to be paid or borne , for or by reason of the execution of the trust in them reposed ; and after the full and due payment of the same , that they , their heires , executors , and administrators respectively , shall stand seized and possessed of such of the said counties palatine , honnors , mannors , lands and premisses remaining unsold . and of the moneys raised by sale of the premisses or of any part of them remaining undisposed , for the use and benefit of the common-wealth , as shall be limited and appointed by both howses of parliament : and be it also ordered and ordained by the authority aforesaid , that iohn blackwell senior of moreclacke in the county of surrey esquire , sir william roberts of wisden , in the county of middlesex knight , alderman vyner , colonell richard turner , iames russell , william methold , thomas ayres of london esquire , william prinne of lincolnes inne esquire , robert fenwicke of london esquire , timothy middleton of standsteed in the county of essex esquire , edward cresset of london esquire , shall have full power and authority , and hereby have full power and authority to treat , contract , and agree with any person or persons , for the sale of the said premisses , or any of them in such manner as is hereafter limited . and that the said iohn blackwell , and other the said persons last before named , shall receive of the tresurers herein named , two pence in the pound for every summe that shall be paid to the said tresurers , upon all and every such contract and contracts , for the sale of the premisses or any part thereof , and that the said trustees or any five of them shall have full power , and are hereby required to convey the premisses or any part thereof , by bargaine and sale inrolled according to the statute , or otherwise by any good & sufficient conveyance and assureance in the law , to any person or persons whatsoever , according to such contract or contracts as shall be made by the said contractors , or any six , or more of them , and entred and certified to the said trustees as aforesaid by the register herein , or hereafter to be named by both houses of parliament : and the money that shall be raised by the sale thereof , to be imployed according to the trusts and directions herein declared . and that all bargaines of sale , conveyances , and assurances made of any estate , or estates in fee-simple , according to such contracts as shall be agreed upon between the purchasors and the said contractors before named , shall be good and effectuall in law . and be it likewise ordained , that none of the said trustees shall be contractors , nor none of the contractors , nor any of them , nor any other to their or either of their use , or uses , or in trust for them , or any of them , directly or indirectly shall or doe purchase the said lands or any part of them ; and if any contractors or any in trust for them , or any of them shall buy any lands contrary to this ordiance , he or they shall forfeit the estate and money paid so for it . and every purchasor of any part of the premisses , his heires and assignes , shall have , hold , and enjoy the premisses that shall be by him purchased , discharged of all trusts & accompts , whereunto the said trustees are , or may be lyable by vertue of this present or the said recited ordinance . and of all suites and questions that may arise or be moved upon pretence of sale at under values , or upon pretence that the sums by this ordinance intended to be payed , were satisfied before such sale made , and all other claimes and demands whatsoever , saving the rents and interests saved by the said recited ordinance , and of all incumbrances made by the said trustees , or by any clayming under them , or any of them ; and for the discharge of the trustees and contractors , it is further declared and ordained by the authority aforesaid , that all and every the said trustees , and contractors shall be , and are hereby discharged and saved harmelesse for whatsoever they or any one or more of them shall doe in pursuance of this ordinance ; and that if any action shall be brought against them or any of them , for any act done by them or any of them in execution of this ordinance or instructions herein mentioned , then they are hereby inabled to plead the generall issue , and to give this ordinance in evidence , and if a judgement passe for them , they shall recover double costs ; and it is further ordained and declared that the said lordships , mannors , lands , tenements and hereditaments vested in the said trustees by the said ordinance of parliament , intituled ( an ordinance of parliament for the abolishing of archbishops , and bishops within the kingdome of england and dominion of wales , and for setling of their lands and possessions upon trustees , for the use of the common-wealth ) shall not be lyable unto but stand and shall bee free and discharged of and from all and all manner of statutes , judgements , recognizances , dowers , joyntures , and other acts and incumbrances whatsoever had , made , done or suffered , or to be had , made , done , or suffered by from or under the said trustees , other then such conveyances and assurances as shall be by them had , made , done , or suffered in performance , or pursuance of the sales , and contracts by them to be respectively made according to the intent of this present ordinance , and saving unto all and every person and persons , bodies politique and corporate , their heires , successors , executors and administrators , all such right , title , and interest as by the said ordinance intituled ( an ordinance of parliament for the abolishing of archbishops , and bishops , within the kingdome of england and dominion of wales , and for setling of their lands , and possessions upon trustees for the use of the common-wealth ) is or are thereby saved . provided , and it is further declared and ordained , that whereas the late bishop of durham and other his predecessors bishops of durham have hitherto exercised , and enjoyed as count palatines sundry great franchises , liberties , and jurisdictions , commonly esteemed and called jura regalia , that this ordinance nor any thing therein contained , extend not , nor be construed to extend , to give power , or authority to the persons herein named or any of them , to sell , dispose or any way to contract for the said jura regalia belonging unto the said bishop , or his predecessors as counts palatine , or any of them , but that the same shall remaine in the said trustees , named in a late ordinance intituled an ordinance for the abolishing of archbishops and bishops within the kingdome of england ▪ and dominion of wales , and for setling their lands , and possessions upon trustees for the use of the common-wealth , to be disposed of as both houses of parliament shall thinke fit and appoint , any thing in this present ordinance to the contrary thereof contained in any wise notwithstanding . provided alwayes , and it is further declared , and ordained , that whereas the late bishop of ely , and other his predecessors bishops of ely have hitherto exercised and enjoyed sundry great franchises , liberties and jurisdictions commony called jura regalia , that this ordinance nor any thing therein contained , extend not , nor be construed to extend to give power or authority to the persons herein named or any of them to sell , dispose , or any way to contract for the said jura regalia belonging to the said bishop or his predecessors or any of them , but that the same shall remaine in in the said trustees named in a late ordinance intituled ( an ordinance for the abolishing of archbishops , and bishops within the kingdome of england , and dominion of wales , and for setling their lands , and possessions upon trustees for the use of the common-wealth ) to bee disposed of as both houses shall think fit ▪ and appoint any thing in this ordinance to the contrary thereof contained in any wise notwithstanding . provided also , that the buildings , fabrick , or scite of any cathedrall church or churches , or any chappels belonging to such cathedrall church or chappels , or any other churches , churchyards , or places used for buriall shall not be sold or disposed of by vertue of this ordinance , any thing therein contained to the contrary notwithstanding . provided alwayes , that the trustees and the treasurers for the time being , by vertue of this ordinance , shall pay , or cause to be paid unto the assembly of divines their constant pay and allowance allowed unto them by former orders of parliament , with all their arrears , out of the rents , revenues , and profits belonging to the late archbishoprick of canterbury , untill such time as the lands and revenues aforesaid shall happen to be sold away by vertue of this ordinance . and it is further ordained ▪ that if any person or persons , body politique , or corporate who shall be purchasers of any part of the premises , shall hereafter be evicted out of any part of the premises by vertue of any eigne right , title , or interest in , or unto the same ; that in such case the said purchaser and purchasers so evicted , shall have full and due satisfaction , recompence , and allowance made to him , and them for the monies paid or advanced for the said purchase , and that in such manner as both houses of parliament shall think fit : and if it be required by the purchaser or purchasers , or any of them , their , or any of their heirs , or assignes , one or more acts of parliament , or letters patents under the great seal of england by authority of parliament , shall hereafter passe , or be made for the further assuring of the premises , or any part of them unto such purchaser or purchasers , their heirs or assigns requiring the same . and be it further ordained , that all rents , revenues , issues , and profits , and all summe and summes of mony that shall be due or payable , by vertue of this present ordinance for sale of any of the premises , shall be received by the said william gibbs , alderman , thomas noell , and francis ash , who are hereby constituted , authorized , and appointed to be treasurers for the receiving , issuing and paying out the same at goldsmiths hall , or any other place where the trustees , or the major part of them shall from time to time think fit , within the city of london , and are hereby authorized and appointed to take and receive the subscriptions of every person or persons , bodies politique , or corporate , that shall subscribe any summe or summes of mony for , and towards the raising of the said two hundred thousand pounds intended to be lent . and it is hereby ordained , that the said treasurers , or any two of them , shall be , and are hereby authorized , upon the receipts or certificates given by the former treasurers , receivers , or collectors to any person or persons , of what was formerly advanced by them in mony , plate , horse , furniture , or arms , upon the publique faith , or hath or shall bee assigned unto them by any others , upon producing of the same to the said treasurers , or any two of them , to ascertain their principall , and interest , and to give them receipts for the same : as also for the new mony subscribed and payed by vertue of this present ordinance , in the name of the parties to whom the same is owing , or so assigned ; which receipts given by the said treasurers ▪ shall be a good and sufficient ground to such persons to whom the same shall be so given , their executors , administrators , successors , and assignes , to require the summe , and summes of mony therein mentioned : and further , that it shall , and may be lawfull for every person and persons , bodies politique , or corporate , who shall have any monies due to him or them by vertue of this present ordinance , to grant and assign the same unto any person or persons whatsoever , and the same grant or assignment shall bee good and effectuall to all intents and purposes whatsoever , and allowed of by all person and persons whatsoever , to whom it shall appertain to make any allowance thereof , as if he or they had lent the same themselves . and if any person or persons , shall wittingly or willingly produce any false or forged acquittance or certificate to the said treasurers , thereby to defraud the common-wealth ; the person or persons so offending , shall lose and forfeit his money lent , towards the raising of the two hundred thousand pounds , or any way due to him for readie-money , plate , horses , furniture , and arms , lent , or sent in by him upon the publick faith , or assigned unto him as aforesaid , the benefit whereof shall be for the use and benefit of the common-wealth . and be it further ordered and ordained by the authority aforesaid , that every person or persons who shall subscribe , as aforesaid , and not bring in the money so by him or them subscribed , within eight dayes after such subscription unto the treasurers appointed by this present ordinance for the receipt of the same , shall lose and forfeit the money that shall be due unto him upon the publick-faith ; unlesse he shall shew unto the said trustees , or the major part of them , some reasonable cause to be by them allowed . and be it further ordained , that the said treasurers hereby constituted and appointed for the receiving and issuing out of the said monie , shall not issue or pay out any of the said summe of two hundred thousand pounds , to be borrowed for the use of the common-wealth , as aforesaid , but by ordinance of both houses of parliament : which ordinance , with the receipt of the party , or parties , to whom the monie is appointed to be payed , shall be a good and sufficient discharge to the said treasurers , their heirs , executors , and administrators : and the said treasurers shall not dispose , disburse , or pay any other summe , or summes of monie that shall come to their treasury ; or be paid unto them out of the profits , or by sale of any of the premises , but by warrant of the said other trustees , or the major part of them ; who are hereby required to give no warrant for the disposing , issuing , or paying out of any summe or summes of monie , that shall be received by vertue of this ordinance , but for the purposes in this ordinance contained . and if any warrant shall be made for any other purpose , the same shall be void . and be it further ordained by the authority aforesaid , that as the said treasurers shall receive ready monies by sale of the premises , or by receipt of the rents and profits of the same , deducting charges and allowances : they shall pay and divide the same to the lenders , one fourth part of their whole debt that shall be owing to them in course , as they did pay their monie , with the interest then due ; and so from time to time , till the whole be payed . provided alwayes , and it is hereby declared ; that it shall and may be lawfull for every lender or lenders , who shall become a purchaser of any part of the said premises , to defalk or retain any monie that shall be due unto him by vertue of this present ordinance , upon every purchase that he or they shall make , if the summe by him lent shall not exceed the value of the purchase , or so much thereof as the same shall amount unto . and the said treasurers shall allow the same accordingly . and be it further ordained , that the said treasurers shall keep true and perfect books of accounts of all their receipts , disbursments , and payments ; and shall give their accounts to the committee for taking the accounts of the whole kingdome for the time being ; who are hereby required to take the same every six moneths , and thereupon to give just discharges to the said treasurers . and after such discharges , the said treasurers , their heirs , executors , and administrators , shall not be further questioned for , or concerning any of the matters for which they have had , and received such discharges . and further , the said treasurers shall have deducted and paid unto them , the summe of one penny in the pound , for all monies by them to be received and paid . and to the intent that according to the true meaning of the said first recited ordinance , the true contents and value of all and singular the premises may be known , and the best benefit and advantage of them may be made for the use and benefit of the commonwealth : be it ordained by the authority aforesaid , that hen. elsynge esq clerk of the house of commons , shall be register and keeper of , and shall have the custody and keeping of all records , charters , evidences , court-rolls , leiger-books , writings , books of survey , rentals , certificates , and other things of or concerning the lands and possessions of the late archbishops and bishops , or concerning any the counties-palatine , honours , manours , castles , lands , tenements , hereditaments , or other the premises in the above recited ordinance , and herein mentioned . and that all and every the surveyors of the premises shall make their returns of all and every their respective surveyes by them taken from time to time , to the said henry elsynge , who shall make entry of all such surveyes , certificates , and other proceedings , as shall from time to time be returned or certified by the said surveyor or surveyors of the premises ; and shall also make forth , rate , and signe all and every particular and particulars of the premises , or any part thereof , whereupon any contract or contracts for sale or otherwise shall , or is to be had , or made . and all and every the said contractors shall certifie all contracts so by them , or any of them made , to the said henry elsynge accordingly , who shall make entry of all and every such contract and contracts , and other proceedings thereupon : every which said particular and particulars of the premises so to be made forth under the hand of the said henry elsynge , shall be from time to time a good and sufficient authority to and for the said contractors , or any six or more of them , to contract , agree , or proceed thereupon ; to have , hold , execute and enjoy the said office or place of register and keeper , by himself , or his sufficient deputy , together with the yearly fee of one hundred pounds per annum , payable out of the receipts , rents and revenues arising out of the premises , by the hands of the treasurers herein before mentioned ; on the five and twentieth day of march , the foure and twentieth day of iune , the nine and twentieth day of september , and the five and twentieth day of december , quarterly , by equal portions ; and other reasonable fees for writing , rating , and signing of the said particulars , and otherwise in the execution and discharge of the said place , provided that the said register and keeper shall have but three pence the sheet , of all things that are to be copied , and to write fifteen lines in each sheet . which said yearly fee of one hundred pounds , the said treasurers are hereby required and authorised to pay accordingly , and that the acquittance of the said henry elsynge shall be a good discharge to the said treasurers and every of them , for the payment thereof , as aforesaid . and it is hereby further ordered and ordained by the authority aforesaid , that the said trustees , or the major part of them ; the survivors of them , or the major part of them , their survivors , and the heires of the said survivors , shall and may from time to time nominate and appoint under their hands and seals respectively , so many persons as they shall think fit , to be surveyors for the putting of this ordinance in execution touching the surveying of the premises ; who shall have power to go into all and every the counties , cities , and places within the kingdom of england , and dominion of wales , or into so many of them as shall be thought fit . and it is further ordained by the authority aforesaid , that the said surveyors , or other persons to be authorized , as aforesaid , or any three , or more of them , shall have full power and authority to enter into , and survey all , or any of the premises , or any part thereof ; and they , or any three , or more of them , shall also have full power and authority , as well by the oaths ' of good and lawfull men , as by all other good and lawfull waies and meanes , to inquire and finde out what county palatine , honours , manours , lordships , granges , messuages , lands , tenements , medows , leasaws , pastures , woods , rents , reversions , services , parks , annuities , and other possessions , priviledges , liberties , immunities and hereditaments whatsoever , of what nature or quality soever the● be , lying , or being within every such county , or city , as aforesaid , did at any time belong , or appertain unto all , every , or any such archbishops , or bishops , in right of archbishopricks , bishopricks , dignities , or places respectively , or to any other person or persons in trust for them , or any of them , as aforesaid , in right of the said archbishopricks , and bishopricks , and what , and how much of the same is in possession , and the true yearely value thereof , and what , and how much thereof is in lease ▪ and for what estate , and when , and how determinable ; when such leases or estate was made , and whether antidated , and what rents , services , and other duties are reserved and payable during such estate , or issuing out of the same : as also what rents , pensions , charges , or other summes of mony are issuing , due , or payable out of the premises , or any part thereof : and what lands or premises are subject , or chargeable to , and with any good , pious , and charitable use , or uses , and the certainty of the same ; and to make one , or more exact and particular survey , or surveyes , and certificates of their proceedings , which certificate and surveyes shall be recorded , and all charters , evidences , court-rolls , and other writings belonging to all , or any the archbishops , bishops , archbishopricks , or bishopricks , or concerning any of the counties palatine , honours , manours , castles , lands , tenements , hereditaments , or any other the premises before mentioned , shall be kept in such place in london or westminster , as the said trustees , or the major part of them shall think fit and appoint . and that the said surveyours , or any three , or more of them , shall have power and authority , so often as they shall be thereunto appointed , by the said trustees , or the major part of them , to keep courts of survey within any of the counties-palatine , honours , mannors , and premises . and to call before them any of the tenants , or other persons whom they shall conceive to have any interest in any of the premises , to shew their writings and evidences , and discover what right , title , or interest , they o● any of them have or may claim , of , into , or out of the same , or any part thereof . and also to examine by oath or otherwise , any person or persons ( other then such as have or claim to have interest or title therein ) for , or concerning the discovery of the contents , metes , bounds , extents , titles , rents , improvements , valuations , and jurisdictions , of all , or any of the premises : and for the discovering of any records , evidences , writings , or memorandums , concerning the same : and that as well the said trustees , or any three of them , as the said severall surveyours so authorized , or any three or more of them as aforesaid , are hereby authorized to administer an oath concerning the premises to any person or persons ( other then such as have or claime to have interest or title concerning such the premises as shall be in question ) and also to commit to prison any person or persons ( other then such as have , or claim to have any interest or title as aforesaid ) that shall refuse to take such an oath , or discover his knowledge concerning the estate , title , or evidences , of any the lands hereby intended to bee sold and disposed of , or refuse to deliver such evidences and writings concerning the same , which are in his custody or power , and doe not concerne the maintenance or defence of his interest , or such rents or profits as hee had title unto . and all justices of peace , sheriffs mayors , bayliffs , and other persons , are hereby required to be aiding and assisting to the said surveyours , or any of them , in the executing of this ordinance , provided that it shall not extend to the imprisoning of any peere of this realme . and be it further ordered and ordained by the authority aforesaid , that the commissioners of excise and new impost for the time being are hereby charged and required upon the certificate of the said treasurers , certifying what summe or summes of money are due and payable to any person or persons , bodies politick or corporate , by vertue of this present ordinance to pay interest after the rate of eight pounds in the hundred for the same to every such person or persons , bodies politicke and corporate , their executors , administrators , successors or assignes at the end of every six moneths during the time that the said summe and summes of money , or any part thereof shall remaine unpaid ; which certificate the said treasurers are hereby authorized and required to make accordingly . and in case the whole two hundred thousand pounds , or so much thereof as shall be lent , and the interest thereof , and such other summe and summes as are payable by this present ordinance for money , plate , horses , with furniture and armes formerly advanced with the interest thereof , shall not be satisfied by the treasurers aforesaid , before all summes of money charged upon the said excise or new impost , by vertue of any ordinance of both houses of parliament , made before the twentieth day of september last ( except the two ordinances of parliament for ten thousand pounds , and foure hundred pounds for the widowes ) shall be by the said commissioners of excise payed and satisfied ; that then the said commissioners of excise upon the like certificate from the said treasurers as aforesaid , shall be , and are hereby charged , and chargeable to pay the same with interest as aforesaid , or so much thereof as shall be then due and unpaid , and shall begin to pay the same when they have in ready money one fourth part of the whole debt that shall be owing to the lenders in course , as they did pay their money , with the interest then due , and so continue untill the whole money hereby secured to be paid and then unpaid shall be fully payed and satisfied , in such manner as the treasurers before mentioned were appointed to pay the same ; and the said certificates of the said treasurers , with the receipt of the respective lenders shall be a good discharge to the said commissioners of excise and every of them , for their payment of any summe or summes of money by vertue of this present ordinance . and to the end a just and true accompt , and registry may be made , and kept of all and singular the debts and monies owing by the parliament , to such person and persons as shall advance , or lend any summe or summes of money upon the secu●ity of the bishops lands , and the grand receipt of the excise in course , or which of them shall first be enabled to furnish monies for the repayment thereof , as also of all payments and disbursements which shall be made , or issue out of the same . be it ordained by the authority aforesaid ; that , for and during the pleasure of both houses of parliament there be , and shall be one register accomptant , who shall keepe a true and plaine accompt , or accompts of all and every debt and debts due , or owing by the parliament for plate , money , horse , or their furniture , to any person or persons , which shall have advanced or lent monies as aforesaid ; and also of all such interest as is , or shall be due upon or for the same ; which said register accomptant shall have full power , and is hereby authorized to view , peruse , and take copies of all and every bookes , writings , and entries , in whose hands or custody soever they or any of them are or shall be , wherein are or ought to be registred or entred any monies , plate , or horses , with their furniture which have been lent , or set forth for the service of the parliament , to the end he may be the better enabled to discover , and finde out whether according to the notes , entries , and accompts as shall be brought in upon the foresaid advance , the plate , monies , horses , and furniture mentioned therein , were at the daies and times therein contained truly and really lent , & set forth for the service of the parliament or not ; and upon due examination made thereof , the said register accomptant shall make true certificate of all such debts which he shall finde to be justly charged , together with the interest due for the same unto the treasurer or treasurers for the time being , appointed by both houses of parliament for the receiving of the monies which shall be advanced upon the foresaid security ; upon whose approbation or allowance the said register accomptant shall give due credit for the same upon accompt , that so it may plainly appeare how much , and to whom the parliament is indebted ; and when any monies are paid or issued forth , he shall also make the parties receiving the same debitor upon the same accompt , and performe all other requisite services appertaining to the said place . and the said lords and commons taking into their considerations the faithfull and good service of colonell robert manwairing , doe hereby constitute and appoint him the said colonell robert manwairing to be register accomptant of all and singular the accompts and registries , which shall be kept of or concerning the premisses ; to hold , execute , and injoy the same office of register accomptant , together with the yearely fee of two hundred pounds per annum , payable out of the rents and proceede of the bishops lands , by the hands of the treasurers thereof for the time being , on the five and twentieth day of march , and the twenty ninth day of september , halfe yearely by equall portions . and for such clerkes or under officers as shal be imployed in and about the premisses , the same shall be approved of by the said treasurers , and receive such reasonable salary for their service as the said treasurers shall from time to time thinke fit to allow . and it is further ordained , that john fowke , alderman of the city of london , shall be comptroller of all entries , receipts , and payments , which shall be made to or by the said treasurers , and shall have power and authority by himselfe , or his sufficient deputies , to keepe accompt of all entries , receipts , payments , and discompts whatsoever , which shall be made unto or by the said treasurers ; and the said comptroller and his deputies shall execute the said place of comptroller in the premisses , according to the instructions hereafter mentioned , and such other instructions as the said comptroller shall from time to time receive from both houses of parliament . and it is further hereby ordained , that the said john fowke shall have for his salary the yeerly summe of two hundred pounds to be paid him quarterly by the said treasurers , who are hereby authorized and appointed to pay the same , for which this present ordinance with his receipt , shall be their sufficient discharge . and for the better securing of the principall moneyes and the interest herein mentioned , bee it ordered and ordained , that the excize and new impost upon commodities , mentioned in the ordinance of the eleventh of september , one thousand sixe hundred forty and three , or any ordinance or ordinances of this present parliament , made in explanation and continuance thereof , shall be continued , taken and put in due execution , untill such time as all summes of money payable by vertue of this present ordinance shall be paid and satisfied ; and the payment of the said moneyes to be due and payable by vertue of this ordinance , shall not be debarred , put by , or deferred from being paid out of the said excize , as aforesaid , by any order or orders , ordinance or ordinances , of one or both houses of parliament , or otherwise by the payment of any other or further summe or summes of money , then the same was and is charged with upon the said twentieth of september last past ( except as is before excepted . ) and the commissioners of the said excise and new impost for the time being , are hereby charged and required , not to dispose or pay any moneyes that they shall receive for the new impost or excise , after the same shall be charged in course as aforesaid , with the payment of any of the principall money in this ordinance contained , untill such time as the same , together with the interest and every part thereof then behind and unpaid , shall be payed unto the person or persons , bodies politique or corporate , their executors , administrators , successors , or assignes , to whom , upon the certificate of the said treasurers as aforesaid , the same shall be found due for any summe of money that shall be lent for and towards the raising of the said two hundred thousand pound now to be raised , and of the said summe of money heretofore lent upon the publique faith , which with the interest as aforesaid , is to be payed by vertue of this present ordinance . and be it further ordained by the authority aforesaid , that the said first recited ordinance , and this present ordinance , and every article , clause , and thing therein contained , shall be pleadable , and may be given in evidence in any of his majesties courts of justice or other courts , and the judges of all the said courts , are required to allow and admit the same . and it is also ordered and ordained , by the authority aforesaid , that if the trustees , or any of them , shall require it on the behalfe of themselves , or the lenders , one or more act or acts of parliament , or letters , patents , under the great seale of england , shall be passed for their , or any of their further security . and it is lastly ordained , that this present ordinance , and the former recited ordinances , shall be printed and published in all counties , and other cities , townes corporate , parishes , townes , hamlets , and other places where the said trustees , or the major part of them shall think fit . and that the care of the true printing thereof is hereby referred to the said trustees , or the major part of them . provided alwaies , and be it ordained by the said lords and commons , that neither this ordinance , nor any branch , clause , article , or thing therein contained , shall extend to the great capitall messuage , with the appurtenances scituate in chancery-lane london , commonly called or knowne by the name of serjeants inne in chancery-lane , wherein the judges and serjeants of the law , have for a long time lodged and resided , and still doe lodge and reside , nor to any part of lincolnes inne in chancery-lane ; nor shall in any wise be prejudiciall or any disturbance to the quiet possession of the said judges or serjeants that now are , or shall at any time hereafter reside and lodge in the said messuage , or to any of the society of lincolnes-inne within lincolnes-inne aforesaid , any thing in this present ordinance contained to the contrary thereof in any wise notwithstanding ; but that the said messuage and lincolnes-inne aforesaid , with the appurtenances , shall continue and be houses of lodging and residence to and for the said judges and sergeants , and others of lincolnes-inne aforesaid , and for their use and benefit , in such manner as they have been used and accustomed at and under the yeerly rents usually paid for the same , for the time that the said rents are to continue by any leases now in being . and that the said trustees appointed by order of parliament for the bishops lands , and the surviver and survivers of them , their heires and assignes , shall dispose of the said messuage , with the appurtenances , from time to time , as by the said judges and serjeants for the time being shall be directed and appointed , saving to all and every person and persons , other then the said bishops and their successors , all such right , title , and interest as they or any of them have or ought to have to , and in the premises . provided further , and be it ordained , that the said serjeants inne shall be in the disposing of both houses of parliament , after the expiration of any lease now in being , saving to all and every person and persons other then the said bishops and their successors , all such right , title , and interest , as they or any of them have or ought to have , to , and in the premises provided alwaies that this ordinance shall not extend to the puting out of any stewards of any liberties or courts formerly appointed and made by vertue of any ordinance of parliament , but that they shall continue and be , during such time as the said liberties and courts shall remaine and be in the hands of the aforesaid trustees , and that they shall have and receive all such fees , profits , and allowances , as formerly were allowed , them , this ordinance or any other ordinance , act , or thing to the contrary notwithstanding . instructions for a comptroll upon the accompts of all moneyes to be received and payed by or to the treasurers appointed by this present ordinance . i. that the comptroller by himselfe , or his sufficient deputies , attend daily according to the usuall times , and be present at all receipts and payments , made within the said treasurers office , and make duplicates or entries of the same in fitting bookes , to be provided and kept for that purpose . ii. that every tenant of the premisses , or any part thereof , and every purchasor of the premisses , or any part thereof , upon every payment of any summe of moneyes that he shall make to the treasurer , shall enter his acquittance with the comptroller , which the comptroller shall enter without fee . iii. that the said treasurers , or their clerke to the cash , shall weekly upon every monday morning deliver the comptroller or his deputy , a copy of all receipts , payments , and disbursements , and to whom , during the preceding weeke ; which the comptroller is hereby required to enter in a booke to be kept for that purpose ; and that no payment to be made by the said treasurers , shall be allowed upon their accompt , unlesse an accompt thereof be weekly given as aforesaid . iiii. that the register shall weekly from time to time make certificate to the comptroller of all rents , and of all rates of particulars , and of all moneyes payable upon any such particulars , contracts , or bargaines , made by vertue of this ordinance , which shall be forborne upon security , and how , and by whom the same is secured , and at what time payable ; which certificate the comptroller shall enter in a booke , to be by him kept for that purpose . instructions for contractors for the sale of the late archbishops and bishops lands . that the contractors shall be sworne before the trustees , or any three of them , according to their best skill and knowledge faithfully to discharge the trust committed to them , and that they shall not for favour , affection , reward , or hope of reward , breake the same trust ; which said trustees , or any three of them are hereby authorized to administer the said oath accordingly . that the demesne lands of the late arch-bishops and bishops in possession , shall not be sold under ten yeares purchase , of the full values they were at in the yeare . the same rule to be observed proportionably in the sale of reversions , expectant upon estates for lives or yeares . that the due respect to be had by the contractors , to the immediate tenants , of any of the late arch-bishops or bishops , shall be in admitting them to the pre-emption of those mannours , lands , tenements , and hereditaments wherein they have any interest , so as the said tenants doe come within thirty daies after the returne of the certificates by the surveyors , and agree to purchase the same ; and in case they doe not agree within the said thirty daies , that then the contractors doe sell the same to any other person or persons that shall desire to purchase them , so as such sale be made at a higher rate then was offered by the said tenants . that upon the sealing of the assurance , the purchasor shall pay halfe his purchase money downe , and the other halfe within six moneths ; and for the last payment the contractors shall take care , that they take good security either by the land it selfe , or else by personall security . the same security to be given to the treasurers . that in all cases where any person or persons , that have lent any monies upon this ordinance shall be purchasors , their monies so lent shall be esteemed as so much paid towards their purchase , if it exceed not the moiety of the purchase money ; and for what exceeds the moiety , that every such purchasor shall be allowed interest for it untill the end of six moneths , wherein the remainder or totall of the purchase money is to be paid . instructions for the surveyors of the late arch-bishops and bishops lands , which are to be surveyed . that the trustees as aforesaid shall have power to nominate one , two , three , or more surveyors to survey the premisses , or any part of them as they shall thinke fit , and that the surveyes and returnes made by any such one , two , three , or more surveyors , shall be good and effectuall to be proceeded upon , notwithstanding any clause in any ordinance of parliament to the contrary . that the surveyor or surveyors appointed , or to be appointed by the trustees , shall survey , and inquire what timber buildings , open quarries , or mines are upon any of the premisses , and certifie the condition and values thereof . that no surveyor , or any his childe or children , or any in trust for him or them , shall be admitted to be a purchaser of any part of the lands surveyed , or to be surveyed by himselfe , upon paine of losing his or their purchase money , and the purchase to be void . provided , that nothing in the instructions , oath , or in this present ordinance , shall be construed to compell the surveyors to make any admeasurement of the land ▪ or any particular survey , of the number of acres , unlesse they i● their discretion shall thinke fit ; the intention of the houses being , that the said surveyors should make a speedy returne of their severall surveyes , to the end that a speedy sale may be made thereupon . instructions to be observed by the register . i. that he do receive all surveyes , and certificates to be returned by the surveyors , and immediately after the receipt thereof , fairely enter and register the same in books , to be kept by him for that purpose , and in an orderly manner fyle , bundle up , and safely lay up , and keepe the originals . ii. that he do weekly or oftner certifie unto the contractours , what surveyes and certificates are returned to him , and of what manours , or otherwise as the case shall require . iii. that upon warrant and direction from the contractors , he do make forth , and fairely ingrosse in parchment , particulars of all such manours , lands , tenements , and hereditaments , buldings , woods , or other things surveyed and certified into his office , by the surveyors , whereupon the contractors are to proceed , or intend to make any sale , and that he do examine and signe the same particulars , and deliver them to the contractors . iiii. that upon contract or agreement made by the contractors , for any manours , lands , tenements , hereditaments , buildings , woods , or other thing contained in any particular made forth , signed and delivered unto them by the register , the said particular be returned to the register , together with the order of agreement or contract made with the purchasor thereupon . that upon returne thereof , he do forthwith rate the particular , and ascertaine the purchase money , how much it comes to , at how many yeares purchase the parliculars contracted for are sold , and enter the same upon the said particular , together with such other proceedings as shall be required by the contract . that he do returne the particular thus rated and ascertained to the contractors , who are to signe the same , to attest the agreement , and thereupon to desire and give warrant to the trustees to draw up and seale conveyances thereof to the purchasors accordingly . that all particulars thus finished , together with all proceedings thereupon , be fairely entred or registred by the register , and be safely kept by him as records , and that after such entring and registring thereof , the register do deliver the said particulars unto the trustees to perfect the sale as aforesaid . and to the end this service may be performed in such manner as the register may be able from time to time to give an accompt of all proceedings ( if he shall be required ) to the parliament , himselfe , or one 〈…〉 , are to attend upon , and enter all orders and proceedings before the contractors . that he do weekly make certificate to the treasurers , comptroller , and register , accomptant of all rents , and all rates of particulars , and of all moneyes payable upon any contract upon any particular , how much thereof is to be paid in hand , and how much to be forborne , and for what time , and how , and in what manner the sum or sums to be forborne are to be secured . that he do methodize and put in good order all charters , evidences , and writings , belonging to the late archbishops , and bishops , and all books of survey , and other things to be delivered to his care and custody , to be kept by him as records , and make catalogues of them ▪ and fit them in such manner , as the subject may readily see ▪ and have copies ( if he desire it ) of whatsoever shall be brought into the registers office , and be under his charge and custody . . november . . ordered by the lords and commons assembled in parliament , that there be an additionall allowance of three hundred pounds per annum , allowed and paid unto master alderman fowke , for his salary , for his execution of the place of comptroller of the receipts of monies mentioned in the ordinance , for the appointing the sale of the late bishops lands , over and above the two hundred pounds per annum , appointed by the said ordinance . joh. brown cler. parliamentorum . finis . a proclamation by his highness and the parliament. whereas the knights, citizens, and burgesses of the parliament of england, scotland and ireland, taking into their consideration, the duty incumbent upon them, to provide for the future peace and settlement of the government of these nations, ... england and wales. lord protector ( - : o. cromwell) this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing c thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) a proclamation by his highness and the parliament. whereas the knights, citizens, and burgesses of the parliament of england, scotland and ireland, taking into their consideration, the duty incumbent upon them, to provide for the future peace and settlement of the government of these nations, ... england and wales. lord protector ( - : o. cromwell) cromwell, oliver, - . sheet ([ ] p.) printed by henry hills and iohn field, printers to his highness, london : . title from caption and first lines of text. dated at end: given at westminster the . day of june, . the parliament have petitioned the lord protector to exercise the office of chief magistrate of these nations, and he has consented. all persons to take note and conform themselves to the law. this to be proclaimed in london and the country. -- cf. steele. reproductions of the originals in the british library (thomason tracts) and the henry e. huntington library and art gallery (early english books). eng great britain -- politics and government -- - -- early works to . great britain -- history -- commonwealth and protectorate, - -- early works to . a r (thomason .f. [ ]). civilwar no a proclamation by his highness and the parliament. whereas the knights, citizens, and burgesses of the parliament of england, scotland and i england and wales. lord protector a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion a proclamation by his highness and the parliament . whereas the knights , citizens , and burgesses of the parliament of england , scotland and ireland , taking into their consideration , the duty incumbent upon them , to provide for the future peace and settlement of the government of these nations , according to the laws and customes of the same , by their humble petition and advice , have presented their desires unto his highnes oliver lord protector , that he would by and under the name and stile of lord protector of the common-wealth of england , scotland , and ireland , and the dominions and territories thereunto belonging , hold , and exercise the office of chief magistrate of these nations ; whereunto the lord protector , upon due and mature consideration of the said petition and advice , hath consented : and his highness the lord protector and the parliament , judging it necessary , that publication be made of the premisses ; have thought meet , and do hereby strictly charge and command all and every person and persons , of what quality and condition soever , in any of the said three nations , to take notice of the premisses , and to conform and submit themselves unto the government so established . and the lord mayor of the city of london , and all sheriffs , mayors , bailiffs , and other publick ministers and officers , whom this may concern , are required to cause this proclamation , together with the said petition and advice , to be forthwith published in the city of london , and the respective counties , cities , corporations and market-towns , to the end that none may have cause to pretend ignorance in this behalf . given at westminster the . day of june , . london , printed by henry hills and iohn field , printers to his highness , . his majesties message to both houses of parliament, upon his removall to the city of york england and wales. sovereign ( - : charles i) this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing c ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing c estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) his majesties message to both houses of parliament, upon his removall to the city of york england and wales. sovereign ( - : charles i) charles i, king of england, - . broadside. printed for francis coules and thomsas banks, london : [ ] at head of title, under the royal arms: huntington ̊martii. . [i.e. ]. reproduction of original in the harvard university library. eng great britain -- history -- civil war, - . great britain -- politics and government -- - . a r (wing c ). civilwar no his majesties message to both houses of parliament, upon his removall to the city of york england and wales. sovereign c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - john pas sampled and proofread - john pas text and markup reviewed and edited - pfs batch review (qc) and xml conversion huntington o martii . : ¶ his majesties message to both houses of parliament , upon his removall to the city of york . his maiesty being now in his remove to his city of yorke , where he intends to make his residence for some time , thinks fit to send this message to both houses of parliament ; that he doth very earnestly desire , that they will use all possible industrie , in expediting the businesse of ireland , in which they shall finde so cheerfull a concurrence by his maiesty , that no inconvenience shall happen to that service by his absence , he having all that passion for the reducing of that kingdom , which he hath expressed in his former messages , and being unable by words to manifest more affection to it then he hath endeavoured to do by those messages ( having likewise done all such acts as he hath been moved unto by his parliament ) therefore , if the misfortunes and calamities of his poor protestant subjects there shall grow upon them ( though his maiesty shall be deeply concerned in , and sensible of their suff●rings ) he shall wash his hands before all the world , from the least imputation of slacknesse in that most necessary and pious work . and that his maiestie may leave no way unattempted , which may beget a good understanding between him and his parliament , he thinks it necessary to declare , that as he hath been so tender of the priviledges of parlament , that he hath been ready and forward to retract any act of his own , which he hath been informed hath trencht upon their priviledges , so he expects an equall tendernesse in then of his maiesties known and unquestionable priviledges ( which are the priviledges of the kingdome ) amongst which he is assured it is a fundamentall one , that his subjects cannot be obliged to obey any act , order , or iniunction , to which his majesty hath not given his consent : and therefore he thinks it necessary to publish , that he expects , and hereby requires obedience from all his loving subjects to the laws established , and that they presume not upon any pretence of order , or ordinance ( to which his maiesty is no partie ) concerning the militia , or any other thing , to do or execute what is not warranted by those laws , his maiesty being resolved to keep the laws himselfe , and to require obedience to them from all his subjects . and his maiestie once more recommends to his parliament the substance of his message of the th of ianuary last , that they compose and digest , with all speed , such acts , as they shall think fit , for the present and future establishment of their priviledges ; the free and quiet enjoying their estates and fortunes ; the liberties of their persons ; the security of the true religion now professed in the church of england ; the maintaining his maiesties regall and iust authority , and setling his revenue ; his majesty being most desirous to take all fitting and iust wayes which may beget a happie understanding between him and his parliament , in which he conceives his greatest power and riches doth consist . london printed for francis coules . and thomas banks . a petition presented by praise-god barebone &c. to the parliament of the common-wealth of england barbon, praisegod, ?- . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing b ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing b estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a petition presented by praise-god barebone &c. to the parliament of the common-wealth of england barbon, praisegod, ?- . broadside. s.n., [london? : ?] caption title. reproduction of original in the harvard university library. eng great britain -- history -- commonwealth and protectorate, - -- sources. great britain -- politics and government -- - . a r (wing b ). civilwar no a petition presented by praise-god barebone &c. to the parliament of the common-wealth of england barbon, praisegod d the rate of defects per , words puts this text in the d category of texts with between and defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion a petition presented by praise-god barebone , &c. to the parliament of the common-wealth of england . the representation and addresse of the well-affected persons , inhabitants of the cities of london and westminster , and places adjacent , being faithfull and constant adherers to this parliament , who are resolved ( by the assistance of almighty god ) to stand by , assert and maintain their authority , against all opposers , notwithstanding the present confidence and bold attempts of the promoters of regall interest , by the declared enemies of their cause and authority . vvhereas the good old cause was for civ●l and christian liberty , against oppression and persecution ; the oppressours an● persecutours , were chiefly the king , his lords and clergy , and their adherents ; who to eff●ct their designs , raised war against the parliament . whereupon the parliament , in defence of civil and christian liberty , call the oppressed and persecuted to their aid , by whose assistance the oppressours and persecutours have been subdued , kingship and peerage abolished , and persecution checkt ; by which the number of conscientious friends to the parliament , have been so exceedingly increased , that they are now ( by gods assistance ) in a far more able capacity of keeping down their enemies , then they were in those times when they subdued them . neverthelesse , so watchfull hath the restlesse enemy been , to make advantage , that what ( time after time ) he hath lost in the field , he hath endeavoured to regain , even in the parliaments council , where because they had not the face openly to bring in the king , with the former oppressions and persecutions , they shrowded and vailed themselves , one while under a personal treaty , another while , under a cloak of zeal , against blasphemy and heresie , their endeavours being to bring in the king upon any termes ; to cherish the persecuting party , and to brow-beat their most conscientious opposers . upon which pretences , neverthelesse , they have , through tract of time and the unsetlednesse of government , prevailed so far , as under the notion of a moderate party , to get the subtilest of their friends , into many places of trust and command , both civil and military , through whose countenance and encouragement , albeit the parliament , upon good grounds , voted the government by kings and lords uselesse , burthensome and dangerous ; and declare very largely for liberty of conscience , yet of late a general boldnesse hath been taken , to plead a necessity of returning to the government of king and lords , a taking in of the kings son , or which is all one , for a return ; of the justly secluded members , or a free parliament , without due qualifications , whereby the good old cause of liberty and freedom ( so long contended for against regall interest , with the expence of much bloud and treasure ) and the assertors thereof , will be prostituted to satisfie the lusts of the enemies of the commonwealth , wherein they have prevailed so far , that unlesse all conscientious persons in parliament , army , navy and commonwealth , do speedily unite , and watchfully look about them , as the sword will certainly ( though secretly and silently ) be stollen out of their hands : so also will they find all civil authority fall suddenly into the hands of their inraged enemies , and a return of all those violences , oppressions and persecutions which have cost so much blood and treasure to extirpate . the serious apprehensions whereof , hath stirred up your cordiall friends to desire you to use all possible endeavours to prevent the commonwealths adversaries in this their most dangerous stratagem ; and as the most effectual means thereunto . we pray , . that you will admit no person or persons to sit , or vote in this , or any f●ture parliament , or council of state , or to be in any office or iudicatory , or any publick trust in the commonwealth , or command in the army , navy , or garrisons , or to be a publick preacher to the people at sea or land , or any instructer of youth , except such only as shall abjure , or by solemn engagement renounce the pretended title , or titles of charles stewart , and the whole line of the late king james ; and of every other person as a single person , pretending , or which shall pretend to the crown , or government of these nations of england , scotland and ireland , or any of them , and the dominions and territories belonging to them , or any of them , or any other single person , kingship , peerage , or any power co-ordinate with the peoples representatives in parliament ; and all coercive power in matter of religion , according to a vote of a grand committee of this parliament of the of sept. . . we further pray , that it may be enacted , that whosoever shall move , offer , or propound in parliament , council , or any other court , or publick meeting , any matter or thing , in order to the introducing of charles stewart , or any of that family as aforesaid or any other single person , house of lords , coercive power in matters of religion , or any power co-ordinate with the peoples representatives in parliament , may be deemed & adjudged guilty of high treason , & may suffer the pains and penalties thereof . and that whosoever shall in parliament , council , or any other pablick court , or meeting , move for , or propose the revocation of this law ( when by you enacted ) may be deemed and judged guilty of high treason , and suffer the pains and penalties thereof . in the prosecution whereof , we shall stand by you , with our estates and lives , to assert and maintain your authority , against all oppositions whatsoever : notwithstanding the present confidence , and bold attempts of yours and our enemies . signed by &c. ordered by the lords and commons assembled in parliament, that the boursers and treasurers of the colledges in oxforde shall retaine and keepe such monyes as they have received england and wales. parliament. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing e ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) ordered by the lords and commons assembled in parliament, that the boursers and treasurers of the colledges in oxforde shall retaine and keepe such monyes as they have received england and wales. parliament. broadside. s.n., [london? : ] at head of sheet: die veneris, april, . signed: hen. elsyng, cler. parl. dom. com. reproduction of the original in the bodleian library. eng university of oxford. great britain -- history -- civil war, - . great britain -- politics and government -- - . a r (wing e ). civilwar no ordered by the lords and commons assembled in parliament, that the boursers and treasurers of the colledges in oxforde shall retaine and kee england and wales. parliament f the rate of defects per , words puts this text in the f category of texts with or more defects per , words. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - john pas sampled and proofread - john pas text and markup reviewed and edited - pfs batch review (qc) and xml conversion die veneris , april , . ordered by the lords and commons assembled in parliament , that the boursers and treasurers of the colledges in oxforde shall retaine and keepe such monyes as they have received , without making any divident untill they shall receive order from the commitee of lords ●nd commons for the reformation of the universitie of oxon. and that from henceforth , all tenants , and such ●thers as are to pay money or other dutyes to any col●●dge in the universitie of oxford , shall pay the same to the heads of houses appointed by authority of parliament , respectively , or to those whom they shall appoint to receive the same : and to no other . and that the acquittance , or acquittances , of such heads of houses , or of such as they shall appoint to receive the same , shall be a sufficient warrant and discharge , to the severall tenants for the payment thereof accordingly : notwithstanding any condition in their leases to the contrary . hen. elsyng , cler. parl. dom. com. an ordinance of the lords and commons assembled in parliament directing the payment of all duties upon the revenue to be made to the severall receivers, appointed, or to be appointed. england and wales. parliament. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) an ordinance of the lords and commons assembled in parliament directing the payment of all duties upon the revenue to be made to the severall receivers, appointed, or to be appointed. england and wales. parliament. sheet ([ ] p.) december . printed for john wright in the old-bailey, [london] : . place of publication from wing. dated at head: die sabbathi, . decemb. . signed: john browne, cler. parliamentorum. reproduction of the original in the british library. eng taxation -- great britain -- early works to . great britain -- history -- civil war, - -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no an ordinance of the lords and commons assembled in parliament directing the payment of all duties upon the revenue to be made to the several england and wales. parliament. d the rate of defects per , words puts this text in the d category of texts with between and defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion an ordinance of the lords and commons assembled in parliament directing the payment of all duties upon the revenue to be made to the severall receivers , appointed , or to be appointed . die sabbathi , . decemb. . whereas diverse mannors , lands , tenements and hereditaments of papists , delinquents , and ill affected persons in diverse counties , cities , and places within this realm of england , dominion of wales , and port and towne of barwicke , by ordinances of parliament , are , and others hereafter may be sequestred , out of which there are sundry fee-farme rents , farme rents , and other payments due to his majesty , the queen , and prince ▪ and whereas the lords and commons in this present parliament assembled , upon the one and twentieth of september last , passed an ordinance for the siezing upon , and receiving for the use of his majesty and the common-wealth , all his majesties ▪ the queene and princes revenues , of what nature or quality soever , certaine , or casuall , within the said realme of england , dominion of wales , and ports and town of barwick , together with all the arrears thereof , and all debts any way due to his majesty , the queene or prince . and to the end that all distractions & confusions of accounts may be avoyded and prevented , and that there may be kept an exact & distinct account of all his majesties , the queene and princes revenues , or summes of money which have bin , or shall be leavied or received by ordinance of this present parliament , the said lords and commons therefore doe declare , and ordeine , and be it ordeined by the authority of the same , that all and every the rents , summes of money , and other duties any way due to his majesty , the queene or prince , chargeable upon or issuing forth of any the mannors , lands , tenements or hereditaments , that are or shall bee sequestred as aforesaid , together with all the arreares thereof , shall be from time to time paid and delivered to the severall receivers , that are , or shall be thereunto appointed by the said ordinance of parliament , of the of september last , or the committee for the revenue , within the severall counties , cities or places aforesaid : and the said lords and commons doe further declare , ordeine , and command , that all and every the committees of sequestrations in the severall counties , cities , and places aforesaid , and all treasurers and collectors , and all others whom it may concerne , that they give obedience , and conforme themselves to this present ordinance , and out of the moneyes raised , or arising of all , every , or any of the said sequestred mannors , lands , tenements , or hereditaments , they forthwith , and so hereafter from time to time , doe pay the said severall rents , and sums of money , which are , or shall be due out of the same , unto his majesty , the queene or prince , unto the said severall and respective receivers within the severall counties , cities and places aforesaid , whose severall and respective acquittance or acquittances shall be a sufficient discharge to the severall sequestrators , treasurers , collectors , and all others , for such sums of money , as they , or any of them shall pay according to the direction of the ordinance . john browne , cler. parliamentorum . december . printed for john wright in the old-bailey ▪ . orations of divers sorts accommodated to divers places written by the lady marchioness of newcastle. newcastle, margaret cavendish, duchess of, ?- . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing n estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) orations of divers sorts accommodated to divers places written by the lady marchioness of newcastle. newcastle, margaret cavendish, duchess of, ?- . [ ], , [ ] p. [s.n.], london : . reproduction of original in the cambridge university library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng great britain -- politics and government -- - . - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - kirk davis sampled and proofread - olivia bottum text and markup reviewed and edited - pfs batch review (qc) and xml conversion orations of divers sorts , accommodated to divers places . vvritten by the thrice noble , illustrious and excellent princess , the lady marchioness of newcastle . london , printed anno dom. . to the lady marchioness of newcastle on her book of orations . vvereall the graecian oratorsalive , and swarms of latines , that did daily strive with their perfum'd and oily tongues to draw the deceiv'd people to their will and law , each word so soft and gentle , every peece as it were spun still from the golden fleece , how short would all this be , did you but look on this admired ladies witty book ! all europ's universities , no doubt , will study english now , the rest put out . w. newcastle . to his excellencie the lord marquis of newcastle . my lord , i have mentioned in my other books , that i think it not fit i should dedicate unto your lordship the single parts of my works , before i dedicate all the parts in the whole ; yet i cannot chuse but declare to the world how happy i and my works are in your approvement , which makes the pastime of my writing very delightfull ; besides , it makes me confident and resolute to put them to the press , and so to the publik view , in despite of these critical times and censorious age , which is apt to find fault with every action , let it be never so innocent or harmlesse , or with any work although good and profitable , yet they will sting spiteful aspersions on them : but i have heard your lordship say , that most men believe themselves not wise if they find no fault with their neighbours actions , and that it is as easie to find fault , as it is hard to do well ; it seems such men have more evil in their natures , than fustice in their censures ; but your lordship , who is full of truth and generosity , reason and knowledge , will give your opinion clearly and uprightly , and my works having your approbation , i regard not the dislike of other men , for i have dedicated my self and all my actions to your lordship , as becomes your lordships honest wife and humble servant m. newcastle . to the readers of my vvorks . i know not how to please all , that are pleased to read my works ; for do what i can , some will find fault ; and the worst is , that those faults or imperfections , i accuse my-self of in my praefatory epistles , they fling back with a double strength against my poor harmless works , which shewes their malice and my truth : and as for my playes , which they say are not made up so exactly as they should be , as having no plots , designs , catastrophes and such like i know not what , i expressed in the epistles praefixed before my playes , that i had not skil nor art to form them , as they should be , for that work was like a taylors work to make cloaths : but many that find such faults , are not so good as a taylor , but meet botchers or brokers , to patch and set several old and new pieces together to make up a play , which i never did , for i thank my fates , all is not only new , but my own , what i have presented to the world ; but this age is so censorious , that the best poets are found fault with , wherefore it is an honour to my writings , which are so much inferiour to theirs ; neither can their dislikes deterr me from writing , for i write to please my self , rather than to please such crabbed readers . yet all my readers have not been so cross nor cruel , for there are many , to whom my endeavours and works are acceptable , and the more honour it is to my works , as being approved and known by worthy and judicious men , and noble persons ; but many men have more ill natures to find faults with their neighbours , than virtue to mend faults in themselves ; also they are apt to censure other mens wit , and yet have none of their own ; the truth is , they are a sort of persons that in playes preferr plots before wit , and scenes before humours ; in poëms , rime before similizing , and numbers before distinguishing ; in theology , faction before faith , and sophistry before truth ; in philosophy , old authors before new truths , and opinions before reason ; and in orations , they preferr artificial connexions , before natural eloquence : all which makes them foolish , censorious , and unjust judges . wherefore , i desire , these my orations may not be read by such humour'd men , but by the just and vvife , which will be a satisfaction to me . 't is probable , had i been a learned scholar , i might have written my orations more short than i have done , but yet some of them are so short , that had they been shorter , they would not have been of force to perswade , whereas the intention of an orator , or use of orations , is to perswade the auditors to be of the orators opinion or belief , and it is not probable , that forcible arguments or perswasions can be contain'd in two or three lines of vvords ; also had i been a learned scholar , i might have written them more compendiously , and not so loose , but i affect freedome and ease , even in my works , of vvritings ; besides , i have observ'd , that whatsoever is bound or knit close , is difficult to disclose , and for vvritings , whatsoever is very compendious , requires some study to conceive and understand the sense and defign of the authors meaning : but i hope that defect or want of learning , will not blemish my vvork , nor obstruct the sense of my orations , nor puzzle the understanding of the reader . only one thing more i desire my noble readers , as to observe that most of my orations are general orations , viz. such as may be spoken in any kingdome or government , for i suppose , that in all , at least in most kingdomes and governments there are souldiers , magistrates , privy-counsellours , lawyers , preachers , and university scholars . vve have , its true , gotten a foolish custom both in our vvriting and speaking , to indeavour more to match or marry vvords together , than to match and marry sense : and reason together , which is strange , we should preferr shaddows before substances , or the spig or tap before the liquor , for vvords are but to conveigh the sense of an cration to the ears , and so into the understanding of the hearers , like as spouts do vvine into bottels ; and who , that is vvise , will regard what the vessel is , so it be vvholsome and clean ? for should not we believe those to be fools , that had rather have foul vvater out of a golden vessel , than pure vvine out of earthen or vvoodden vessels ? the like may be said for vvords and sense , for who , that is vvise , would choose choice vvords before profitable reasons ? vvherefore , noble readers , let me advise you to leave this custom in vvriting and speaking , or rather be silently wife , than foolish in rhetorick . i have indeavoured in this book to express perfect orators , that speak perfect orations , as to cause their auditors to act , or believe , according to the orators opinion , judgement , design , or desire ; but before i did put this my book forth , know , noble readers , i did inquire , to find whether any person had composed and put out a whole book of pure and perfect orations , but i could neither hear of , nor see any such works of any person that composed and set forth to the publick view , a book of pure orations , composed out of one orators own fancy , wit , and eloquence . 't is true , i have heard of single orations , made by single persons , in single parts ; also i have seen orations mixt with history , wherein the substance of the history is the ground of their orations ; also i have seen two translations call'd orations , but they are rather orations in name than in reality , for their nature is history , the one contains relations of several countries , in the other are relations from several princes of their actions , or fortunes , or both , exprest in an orators style ; yet those are not perfect or right orations , but adulterated , or rather hermophrodites . but perchance my readers will say , i understand not true orations ; if i do not , i am sorry for , and ask their pardon for speaking what i understand not . but i desire , noble readers , you will not think or believe , i speak to illustrate my own vvorks , and to detract from the vvorks of others , for upon my conscience i speak and vvrite as i believe , and if i commit an error in this belief , i ask your pardon , and if you excuse me , i shall take it for a favour and obligation . i have written orations and speeches of all sorts , and in all places sit for orations , speeches , or particular discourses ; and first imagining my self and you to be in a metropolitan city , i invite you into the chief market-place , as the most populous place , where usually orations are spoken , at least they were so in older times , and there you shall hear crations concerning peace and warr ; but the generality of the people being more apt to make warr , than to keep peace , i desire you to arm your selves , supposing you to be of the masculine sex , and of valiant heroical natures , to enter into the field of warr ; and fince warrs bring ruine and destruction to one or some parties , if not to all , and loss causes men to desire peace , out of warr i bring you into great disorders , caused by the ruins warrs have made , which i am sorry for , yet it must be so , the fates have decreed it ; and misery causing men to be prudent and industrious , by which they come to flourish again , at least their successors , and to shew you their industry , i bring you out of the field of warr into a new-built city , where you must stay the building of it , for it will be built soon , having many labourers , and after it is built , there being a large market-place , you may stand or sit with ease and hear the orations that are there spoken ; and by reason , there are some causes or cases to be pleaded , i shall indeavour to perswade you , after some time of refreshment , at your own homes , to go into the courts or halls of judicature ; after these causes are judged or at least pleaded , i shall desire you , to adorn your selves fit for the court , then to wait upon the kings majesty , and if you be privy-counsellours , or have any business or petitions at the council-table , by the kings permission you may enter into the council-chamber ; but great monarchs having many subjects , whereof some are more active than wise , and more apt to complain than to obey , you may hear the petitions of the subjects , and the speeches or orations of the soveraign , and after a good agreement , unity , and love , you may rest your selves in peace , untill such time as your charity calls you forth to visit the sick , and when as death hath releas'd those sick persons of their pains , humanity will perswade you to wait on their dead corps to the grave , and after some tears showred on their graves , and having dried your eyes , and heard some sermons of reproof and instructions , you will be invited as bridal-guests to see some men and vvomen united in holy matrimony ; after the vvedding ceremonies are ended , you may , as formerly you have done , go into the market-place again , and hear what orations there are spoken , wherein one short oration concerning the liberty of women hath so anger'd that sex , as after the mens orations are ended , they privately assemble together , where three or four take the place of an orator , and speak to the rest ; the only difficulty will be , to get undiscovered amongst them , to hear their private conventicles ; but if you regard not what women say , you may ride to a country market-town , and hear a company of gentlemen associate together their discourse and pastime ; and if you like not their pastime , then you may walk into the fields of peace , to receive the sweet and healthfull air , or to view the curious and various vvorks of nature , and for variety of pastime , you may stand or sit under a spreading tree , and hear the country clowns or peasants speak , concerning their own affairs and course of life ; in which shady place , sweet air , and happiness of peace i leave you , unless you will travel to see the government or rather disorders in other states or kingdomes , to which observation i will vvait upon you , and when all is in peace , before we return home , we will , if you please , enter some of their colleges , and hear some school-arguments , after which return , i shall kiss your hands and take my leave . m. newcastle . a praefactory oration . worthy country-men , you know , that there is difference between orations of fancy , and orations of business , as also difference between orations of publick imployments , and private divertisements ; the one sort requires rational perswasions , the other only eloquent expressions : and as there are different subjects of orations , so there are different places for orations ; and the subjects of my orations being of the most serious and most concernable actions and accidents amongst mankind , and the places most common and publick , it hath caused me to write my orations rather to benefit my auditors , than to delight them . but by reason i have not been bred , being a woman , to publick affairs , associations , or negotiations , it is not to be expected i should speak or write wisely . , the truth is , it were more easie and more proper for one of my sex , to speak or write wittily than wisely ; but 't is probable , my auditors will think or judge , that i have done neither . yet i can assure you , noble auditors , i have done my indeavour , and my desire was and is , that every several oration may be acceptable to your minds , profitable to your lives , and delightful to your hearing . orations to citizens in a chief city concerning peace and warr. part i. an oration for warr. be not offended , noble citizens , if i labour to perswade my country , to make heroick warrs , since it is neither safe , profitable , nor honourable for it , to live in sluggish peace : for in peace you become ignorant of the arts in war , and living sluggishly , you lose the courage of men , and become effeminate , and having neither skil nor courage , you cannot expect safety : for should you chance to have enemies , you would not have abilities to help your selves , having neither experience by practice , nor courage by use and custom ; for custom and use work much upon the natures of men . and as for arms , in times of peace they lie like garments out of fashion , never worn , but despised and laught at as ridiculous things , and men of action like as arms , they jear and make a mock of . thus martial men and arms in time of peace are scorned , although in time of warrs they only are a kingdomes safety , to guard it from their enemies . indeed , peace spoils both youth and age , it makes the one sort covetous , the other wanton : for aged men study only to get wealth ; the young men how to spend it . besides , it makes the poor men richmen's asses , and rich men poor men's burdens . also peace makes old men fools , and young men cowards : for in long times of peace grave counsels are meer gossiping meetings , rather idely to talk , than wisely to advise , they propound many things , but resolve not any , debate not , but conclude , and sometimes find faults , but never help to mend them . the truth is , for the most part , they rather make errors , than help to rectifie defects , and in warrs they had rather suffer calamity , than stir for necessity ; neither will they believe they are in danger , untill their enemies be at their gates . and as for youth , peace quenches out their heroick spirits and noble ambitions : for their only ambition is their mistresses favours , and they will go to no other warrs , but venus , where cupid is general , where they only make love-skirmishes , and are shot through their hearts with glances from their mistresses eyes . thus peace makes men like beasts : for in peace they feed like swine , sport like apes , live like goats , and may be brought to the shambles like silly sheep . nay , it makes men not only live , but die like beasts , having neither spirits , skil nor conduct to defend themselves , or fight an enemy . and how should it be otherwise , when as the young men are only armed with vanity , march with pride , intrench with luxury , fight with bacchus , and are overcome by venus ? thus we may observe , that all which causes peace , and takes away the courage of young vigorous men , rots their bodies with excess , and corrupts their blood with idleness , by which their spirits are quenched , their strengths weakned , their minds softned , and their natures become effeminate , which makes their lives vacant , and when they die , they are buried in oblivion : for fame lives in heroick actions . and surely it is better for noble men , to have fame than wealth , and for young gallants to have honour than gay cloaths , and more honour to have scarrs , than black patches , to fight with an enemy , than to dance with a lady , to march to a battel , than to tread a measure . and for the meaner sort , it is better for them to wear honourable arms , than to bear slavish burdens ; and how happy is that man , that can raise himself from a low birth , to a glorious renown ? thus from the noblest to the meanest , warr is the way to advance them to honour , if the common souldiers fight with courage , and the nobles command and direct with skil , for which their posterity will glory in their valours , poets will sing their praises , historians write their acts , and fame keep their records , that after ages may know , what heroick men they were ; and as for kingdomes , those are safest that are protected by mars . an oration for peace . noble citizens . the oration that was last spoken unto you , hath stirr'd your spirits and incumber'd your thoughts with warrs , and your desire for warr is such , that you will not only seek for enemies , but make enemies to fight with , which is neither heroick nor just , to fight with those that have done you no injury or wrong ; and what can be a more unworthy act , than to assault peaceable neighbours ? it cannot be call'd an honourable warr , but a base outrage ; like as pirats at sea , so you will be robbers at land , taking that from others , which you have no right to . but say you have some slight injuries done you , if you were wise , you had better wink at small faults than make warrs , which will exhaust your treasures , wast your strength , depopulate your nation , and leave your lands unmanured . besides , warrs corrupt all good manners , nay , even good natures , making the one rude , and the other cruel ; and though long warrs may make men martial , skilfull , and may highten their courage , yet neither skil nor courage can alwayes bear away victory , especially from a powerfull enemy , unless fortune be on their side . the truth is , fortune is the chief actor and decider in warrs ; and who that are wise , will trust their goods , lives and liberties to fortunes disposal , if they may choose ? wherefore they are either fools or mad , that will make warr , when they may live in peace . and give me leave to tell you , that it is not the way to keep our country safe , to make warrs abroad , but to make our country strong with forts on the frontiers , and ships on the seas that beat on our shores , and to practise our men with training , not fighting ; and it is easier to keep out an enemy , than to conquer an enemies kingdome : for at home we have all provisions needfull and near at hand , when in a forein country we shall be to seek . but say , good fortune may inrich us , yet ill fortune will absolutely ruine us : i answer , warr inriches few , for it makes spoil of all ; the truth is , war is a great devourer , for it consumes almost all that is consumable , wheresoever it comes , and is like a glutton , that eats much , and yet is very lean ; for most commonly the under souldiers are very poor , and the commanders only rich in fame , yet not , unless they have good fortune , otherwise if they have ill fortune , they are usually scorn'd , at least but pittied , but never praised . wherefore it is neither courage nor conduct , that gets fame in the warrs , but fortune that gives it , and she many times gives glorious fame to cowards and fools , and blemishes , at least obscures the worth and merit of wise and valiant men . wherefore , let me perswade you not to follow unjust and inconstant fortune to the warrs , but to live at home in peace with minerva and pallas , the one will defend you , the other will imploy you , and both will make you happy in present life , and will give you fame and renown according to your desert , that your memory may live in after-ages . an oration against warr. dear country-men . i perceive , all this nation , or the most part , their minds are hot , and their spirits inflam'd through an over-earnest desire to be in warr , which expresses you have surfeited with the delicious fruits of peace , which hath made your reason , judgement and understanding sick and faint , so that it desires a change , as from rest to trouble , from plenty to scarcity , from palaces to tents , from safety to danger , from gay apparel to bloody wounds , from freedom to slavery , all which warr will bring upon you . the truth is , warr is more likely to kill you , than cure your surfeit : for warr is a dangerous physick , and the more dangerous , by reason your enemies must be your physicians . but let me advise you , to cure your selves with temperance and prudence , by which you will flourish with wealth , and grow strong with wisdom : for wealth and wisdome is the health and strength of a common-wealth , which will preserve it from destruction , for what is the strength of a kingdome , but riches and wise government ? and what exhausts the one , and confounds the other more than warr ? which for the most part is in fortune's power , to order as she pleases , and fortune in vvarrs hath power to puzzle the wise , and impoverish the rich . wherefore , noble country-men , do not make your selves beggers and fools in vvarring actions , and ruine not your country through the ambition of pre-eminence or applause , or through the ill nature of revenge ; but be wise and rich with peace , by which you will become impregnable against your enemies , and happy amongst your selves ; for certainly vvarr is better to hear of , than to feel ; for though in vvarrs you may cover much , yet in the end in joy but little , you may have high designs , but you are not sure to have prosperous success , and instead of being conquerers , be conquered , instead of being masters , become slaves . but to conclude , it were more happy to lie peaceable in the grave with our fore-fathers , than to live in the turmoils of vvarr with our enemies . an oration perswading to the breach of peace with their neighbour-nation . dear country-men , our neighbours , the u. g. have done us many injuries contrary to the articles of agreement made betwixt our nation , by which they have broken the peace ; but yet we , out of laziness or fearfull natures , suffer them to make riots , and never stirr against them , when we are so far from being abusers , as we suffer our selves to be abused . 't is true , the first shews us to be honest men , but the last proves us to be fools , if not cowards , which , if our enemies know , ( for now they are but a proving , making a trial of us , ) they will overcome us without resistance , and will inslave us in our own territories , so that we shall labour for our enemies , and have no profit our selves . thus whilst we sit still , we shall have a yoak cast on us , we shall be bound in fetters , and they injoy their own and our liberties , which rather than suffer or yield to , were a thousand times better to dye ; wherefore , bethink yourselves , and consider the danger , be not so surprised , as not to be able to help your selves ; and if you be wise and valiant , as i hope you are , you will be vvatchful and active ; let not your enemies tread you into the earth , like dull worms , or drive you into bondage , like silly sheep into a pinfold , but rather be as the subtil serpents , and dreadfull lions , to take your advantages , and make them your prey ; suffer them not to be your vulturs , but be their eagles , let them not feed on our ruins , but be you their emperours to command them , make them march under your banners , and suffer them not to lead you as slaves . an oration against the breaking of peace , with their neighbour-nation . dear country-men , i perceive , you desire , or rather are resolved , to be no longer in peace , but to make warr on the u. g. for some slight injuries , which perchance could not be avioded : for there is no friendship between man and man , or the dearest natural affections betwixt brethren , or parents and children , or husbands and vvives , but will give some occasions , either by vvords or actions , or both , to take exceptions , and to be angry with each other ; and should they for some small offences , or indiscreet actions , break off all bonds of friendship or natural affection , or should they indeavour to destroy each others lives , this would be inhumane , unnatural , uncharitable , unjust , and irreligious ; and if neer and dear friends cannot live without exceptions and faults , much less can two several nations under two several governments . and give me leave to tell you , that if it be not wicked , yet it will be very unwise to hazard your lives , liberties , possessions , and habitations , in warr , only to be revenged for some few abuses or faults , that should rather be winked at , than taken notice of ; but should you be victorious , though it is probable you may be overcome , yet you will be in the end of the warr but like chymists , who to make some grains of gold spend many thousand , or at least hundred pounds , and ruine their estates and posterity through covetousness ; so will you through anger , and desire of revenge , lose many thousand lives , and impoverish the state ; but experience will tell you , that anger and rashness for the most part cause repentance , whereas patience and discretion many times bring men out of great evils ; and though warrs begin flantingly and boastingly , yet commonly they end miserably and dejectedly , at least of one side , if not on both , and the souldiers are more certain to have wounds or death , than victory and spoils : and though covetousness and revenge is their hire , yet loss and slavery is many times their reward ; they advance with hopes , but draw back with doubts , and are oppress'd with fears . but you imagine , you shall be victorious , otherwise you would not make warr , for imagination can easily and suddenly conquer all the world ; yet you will find it not so in action as in thought , it is one thing to fight a battel in the brain , and an other thing to fight a battel in the field : and if i might advise you , you should fight only with thoughts and not with arms , with supposed , not with real enemies . but to conclude , this warlike preparation or resolution is not only inconsiderable and foolish , but mad , as to leave and forsake your delicious pleasures , sweet delights , happy contents , dear friends , and safe habitations , which you injoy in peace , to put your selves into many inconveniences , much troubles , great hazards , dangerous adventures , and uncertain successes in warrs . an oration to prevent civil warr. noble citizens , and dear country-men , give me leave to tell you , i do fore-see a civil warr , if not timely hindred or prevented ; the chief signs of this warr are vanity , pride , luxury , ambition , corruption , extorsion , envy , faction and poverty . as for vanity , pride , and luxury , they are amongst our young nobles ; envy , ambition , and faction , amongst our states-men ; corruption and extorsion , amongst our magistrates and officers , and poverty is amongst our commons , as also in our common and publick treasury ; all which will bring our city and kingdome to ruine , if the disorders and grievances be not timely rectified . wherefore noble citizens , and dear country-men , prevent your own ruine , by reforming your own state both of publick and private mis-demeanors ; but the chief rectifiers must be the states-men , magistrates , and officers ; for wise states-men and good magistrates will not only indeavour to abolish vanity and luxury by their frugal examples , but by their wise and severe laws ; for without strict and severe laws , wise government cannot be ; also wise states-men and honest magistrates will indeavour to fill the publick treasury by just and regular means , and not their private purses by extorsion and corruption , for the one relieves the poor , the other starves them , and not only relieves the poor , but is a means to supply the publick wants , to guard the publick state , and to keep the publick peace ; all which makes wise and honest states-men and magistrates to be provident to inrich , and sparing to spend the publick treasure , that the publick state may have means and wealth for necessary occasions . also wise states-men and magistrates will imploy the common people to keep them from want and idleness , which will keep them in order and peace ; but the greatest good , and greatest scarcity in a common-wealth , is wise states-men and just magistrates , which are free from private interest and ambition of particular power , not making their self designs the general ruine : but such men , if any such there be , ought to be chosen out from the rest of the people , to govern and rule so , that prudence , fortitude , justice and temperance , as also charity , love , and unity , may be the bond and security of the publick weal , which i pray the gods to give you , and bless you with peace , plenty , and tranquillity . an oration to send out colonies . noble citizens , and dear country-men , give me leave to tell you , that both the young and aged men in this nation spend their times idlely ; the one sort sleeps away their time , the other playes it away . but it may be said , that rest is proper for aged men , and pleasure for young men ; i answer , rest to the bodies of aged men doth well , and action for young men ; but aged men might imploy their brains in counsels , and young men their arms in warrs ; for aged brains are wisest , and young mens bodies strongest , and both may be imployed in the service of this nation . but this nation is like a man that increases his issue , and doth not increase his estate : for this nation grows populous , but the men not industrious to inlarge it . the truth is , we have more men , than means to maintain them , or business to imploy them , which makes them idle , having nothing to husband or manage , and idleness will in time make them evil ; wherefore , if some of the wise aged men , send not some of the young strong men , to make warrs abroad , to imploy or inrich them , or to destroy them , they will make warrs at home , and destroy themselves and others for want of wealth and imployment : for this nation is like a body over-grown , or rather full of humours , which requires evacuation . wherefore , send some to sea , others to march by land , to seek new habitations , and to conquer nations ; and men of fortune will be more willing to go , than you to send them , if you help them with necessaries to begin the warr ; and they having nothing to lose , nor nothing to live on , will fight without fear , and therefore probably destroy their enemies without favour , that they may come to be absolute conquerers . an oration concerning shipping . noble citizens , and dear country-men , you know , that this country is an island , and therefore it is well to put you in mind of the proverb , which saies , take care of your ships , and look well to your tacklings , otherwise you can have no safety : for the strength of an island are ships , which are the guard to defend it , not empty unrigged ships in your havens , but good strong ships well mann'd on the seas ; for to have ships only in your havens will be no security ; besides , it spoils both ships and mariners for want of use and practice . thus the close havens destroy more ships and mariners , than the open seas : for that which makes good mariners is navigation , and the more stroms they have been in , the more experience they have gained . it is true , 't is a laborious and dangerous profession , but yet it is expedient , both for security and profit , to those that inhabit an island ; for islands commonly have more men than land , and therefore require provisions from abroad , besides many things for pleasure and delight . but though islands be not so spacious as continents , yet they are for the most part richer , for shipping of burdens is profitable , although shipping of warr is chargeable ; and perchance you will say , that the charge of the one sort eats out the profit of the other , unless you can make them serve for both , as for traffick , and for warr , which in my opinion cannot well be done ; for ships for warr will be too heavy and unwieldy for burden , and too bigg for speed , as also too slow for flight ; for merchants do seldome fight , if they can possibly flye , not only that their wealth makes them fearful , but their rich fraights would be spoiled , although they should not be taken from them . but howsoever , safety is to be preferr'd before wealth , wherefore ships of warr are to be considered before ships of burdens , and that there be good mariners and ship-masters for both ; and not only to repair ships , but to build ships yearly , that you may be so strong , as to be masters of the seas ; also to pay well your poor laborions mariners , and carefull and skifull ship-masters , who keep you in safety , and bring you riches and forein rarities and curiosities for pleasure and delight ; although they be but poor themselves , and have less or as little pleasure as riches , being for the most part accompanied with dangers and fears , as much as with want and necessity ; the truth is , they oftentimes indure great extremities ; for in a strom they fight for life , and in a calm they starve for want ; for they fight not like those that fight at land , as men with men , but they fight with the blustring vvinds and raging vvaves , where , although they get the victory , yet they are sure to be losers , their ships being vvounded , and their tacklings tatter'd and torn , and every thing out of order ; besides , their spirits are spent , and their limbs sore , and their whole bodies wearied and tyr'd with labour , having nothing to refresh them , but joy that they were not drown'd . vvherefore , mariners deserve more pay and thanks , than land-souldiers , who fight with men equall to them , not with the elements above and beneath them , as vvind and vvater , which are strong , fierce , and devouring : besides , when land soldiers get a victory , they are inriched with the spoil , refreshing themselves with luxurious pleasures , sporting and feasting ; whereas poor mariners and sea-men are forc'd to fast rather than to feast , having never much plenty , but after a storm more scarcity , their provision being spoiled by their enemies , the elements . but to conclude , the sea-men want pay , and their ships repairing , for which you must disburse a sufficient summ of money to mend the one , and to relieve the other , who deserve not only pay , but reward to encourage them . an oration for contribution . noble citizens , and dear country-men , it seems you are covetous , but not prudent , that you are so loath to raise , and so slow to pay contribution-money towards the maintenance of the army , which is to fight not only for your lives and liberties , but to protect your goods , and that every man may without disturbance injoy his own : but you are so covetous , that rather than you would part with some , you will endanger the whole ; and as you are covetous , so you are fearfull , for you will neither maintain poor souldiers , that are willing to fight for you , nor yet go to the vvarrs , to fight for your selves ; you fear your enemies , and yet will take no care to overcome them . and give me leave to tell you , that your covetousness and fear doth make you treacherous ; for if you will neither help with your purse , nor your person , you betray your country to the enemies power , also your old parents , tender vvives , and young children , that cannot help themselves , all which you betray to slavery , leaving them for a prey to the enemy ; and not only your fertil country , and shiftless friends , and neer allies , but your own lives ; for it seems by your covetousness and cowardliness , that you had rather have your throats cut , than part with your money , or fight in your own defence , which is a strange madness , as to be afraid to dye , and yet to take no care , to provide for your safety , nor to have courage to fight for your lives . the best that can be said or thought of you , is , that you relie upon base hopes , as that the enemy may spare your lives to inslave your persons : but i can only say this , that either you must fight your selves , or maintain others , or else others will take what you have , to maintain themselves , to defend their country . an oration to perswade a city , not to yield to their enemies . worthy citizens , i do not doubt your courage in resisting and fighting your enemies , nor your patience in sufferance , nor your care in watching , nor your industry in labouring , nor your prudence in ordering , and all for the defence of your city , which is besieged by your enemies , which you indeavour to keep out by all possible means , sparing neither your limbs nor your lives ; nor do i fear the power of your enemies , for , whilst your courages , strengths , patience and industries be united together , it is more probable , you will raise the siege , than the enemies take this city ; for though your victuals be scarce , and your ammunition wasted , yet your temperance doth supply the scarcity of the one , and your courage the want of the other ; only that i fear will make you yield upon any conditions , is the love to your wives , daughters , mothers , kinswomen , and femal friends , and not so much their safety , for so long as your lives last , you will defend them , but if you yield to your enemies , by yielding to the womens effeminate fears , if your enemies do not say or think you base cowards , they will say or think you facil fools . for give me leave to tell you , that , though men of honour , as valiant men , will fight for the safety and protection of women , not only for those that are neer allied to them , but for those that are neither of their country nor kinn ; yet no man that would keep the reputation of valour , will quit that honour for a womans sake , no , although it be to save his daughter , wife , or mother from their enemies : for a gallant man dreads more the name of a coward than any thing in the world ; and it is no dishonour to a man , to have his wife taken and abused by his enemy , when he could not honourably help her ; for force is no dishonour , but a base free act ; for a man cannot be forced to be a coward , nor a chast woman to be a whore , they may both have misfortunes , injuries , and hatefull abuses done to them , but not wicked , base , or ignoble minds . vvherefore , let me perswade you for your own honour's sake , not to yield through the vvomens desires ; let not their tears move you , nor their intreaties perswade you ; for if you yield , though upon the assurance of your lives and liberties , where will you wander to seek an habitation ? for if you could not keep your own city and wealth , it is not likely you will get the like from other men ; alas your neighbours will shut their gates and doors against you , for poverty and misfortune hath not many friends or hosts , for few are so hospitable as to entertain either ; and you will not only find charity cold , but those that have envied you in your prosperity , will despise you in your adversity , and what masculine spirits can bear such misery , as neglect , want , and scorn , and the infamy of yielding courages ? wherefore , it is better to dye in the defence of your own city , and be renowned for your valour and constancy in after-ages , wherein your lives , acts and deaths will be mentioned to your honour and renown . an oration for those , that are slain in the warrs , and brought home to be buried . worthy citizens , you lament over the corps of your friends , slain in the warrs , shedding your tears and breathing your sighs on their hearses . 't is true , they are natural showers and zephyrus's airs of loving affections and passionate hearts ; yet give me leave to tell you , you have more cause to rejoyce than grieve : first , that their death begets their renowns , and is an honour to their memory to dye in the service of their country ; for all men , that have worth and merit , would willingly , nay , gladly dye , to save their country , or for the honour of their country , and all wise men will gladly quit a present , frail and uncertain life , to live eternally in the memory of the present and future ages , in whose memories their actions live like glorified bodies , and purified souls ; for thus they become from terrestrial to be celestial . the next cause you have to rejoyce , is , that their bodies are brought home as a witness of their victory , and their deaths are their triumphs , which are adorned and set out with numerous and glorious praises ; besides , they have the happiness to be inurned with their fore-fathers , where by a natural instinct or sympathy , they may mutually intermix and perchance transmigrate together ; and since they fought valiantly , and died honourably , they shall be buried happily , and will be remembred eternally , and have an everlasting fame , rejoyce with musick , bells and bonfires , and offer unto the gods oblations of thanksgiving . orations in the field of warr . part ii. an oration from a besieged city , ready to yield , or else to be taken . i am come here to intreat you , that are our over-powerfull enemies , to be our mercifull saviours , that though you are determined , to destroy our city , and possess our goods , yet you would be pleased to spare the lives of the inhabitants ; for what profit will it be , to destroy numbers of defenceless and powerless persons , only to satisfie your fury , which will be satisfied with time better than with blood ? for though our blood may quench your present rage , yet it may afterwards clog your consciences , and cause a sorrowfull repentance , which may disturb the peace of your minds , wherein your thoughts will be in a perpetual warr : for to kill us after our submission , and when we have made a satisfaction for our faults , in yielding up our city and goods without any further resistance , our deaths will be but murders ; so that you will blemish your conquest , from being noble and generous conquerers , to be cruel and inhumane murderers ; whereas the sparing of our lives will be acceptable to god , nature , and mankind , and the trumpet of your fame will sound sweetly and harmoniously in the ears of after-ages , where you will get as much love and praises for your clemency and mercy , as admiration and renown for your valours and conducts ; whereas your cruelty will sound so harshly with such discords , as it will beget dislike , and so much hate , as to bury all your valour and wisdome in fortunes partial and unjust favours , ascribing that to her , she had no right to challenge . a common souldiers oration , to take the city by force . fellow souldiers , vve have been long at the siege of this city , where we have not only been obedient to our commanders , carefull , watchfull , and laborious , as also valiant in assaulting , regarding not our limbs , nor lives , but we have patiently indured want of victuals , and yet for all this , the town being ready to be taken , our commanders intend to rob us of the spoils , which by the law of arms ought to be ours , as a reward ; for those that venture most , ought to have the greatest shares in the conquest , and the common souldiers venturing more than the commanders , ought to have the spoil : for though they direct , yet it is we that fight , and win the victory . wherefore , let us not suffer them to make a composition , but enter the town by force , and plunder it , otherwise the commanders or rather the general alone will be the only gainer , and all the rest losers ; and shall one man go away with the wealth , when as the poor common souldiers are naked and almost starved for want ? shall our sick and wounded friends , that cannot remove , or be removed , nor help themselves , be left as a prey to those , which they have holpen to conquer with the loss of their blood and limbs ? for no doubt , but those new-made friends will be their deadly enemies , and cut their throats when we are gone and left them . thus we shall betray our friends , and lose our shares , if they make peace and enter not the town by assault : for to take a town by force , is a gain to the common souldiers , but little or none to the general or great commanders ; but to take a town by composition , is a gain to the general and chief commanders , but not to the common souldiers ; for we shall lye without the gates , whilst they are receiv'd in triumph , where they will feast , whilst we do fast , and will be inriched with treasures , but we remain in want. an oration to those souldiers that are against an agreement with the citizens . fellow souldiers , let me tell you , that you speak against your own profit , when you speak against compounding and agreeing with the besieged citizens : for it is not only human and charitable , generous and noble , to spare the lives of yielding and conquered enemies , but profitable ; for their lives will serve you , and their industry maintain you ; wherefore it is better , to spare their lives , and make peace with them , also to take their money , and spare their cumbersome and combustible goods , which will trouble your carriage , and hinder your march ; neither can you make so much profit of them , as they will give you for them . and as for their city , and lives , it were a great folly , to kill and destroy them to no purpose , unless to satisfie your bloody minds , and furious rage ; for death and destruction will bring you not any profit ; but if you give them their lives , and let their city stand , they will give you a constant and setled contribution towards your maintenance , also they will be surgeons , physicians , and nurses to our sick and wounded souldiers , by which means they may recover their former health and strength again , and be able to do their country more service ; but if they be left behind us , and none to take care of them , nor men to help them , nor houses to lodge in , they must of necessity perish in great misery ; and we have no reason to fear they will be cruel to them , because they know we shall return to revenge their cruelty : besides , they will be very carefull of them , and kind and helpfull to them , to keep peace , and to merit our favours ; for conquerers are alwayes flattered , obeyed , and served with ceremony , industry , and fidelity , so long as fortune favours them . thus you know by what i have spoken , that it is the best for the common souldiers and commanders to spare the city and citizens . and now give me leave to tell you , that you are unjust judges of me , your generals actions , and evil censurers and malicious accusers , to accuse my prudence for my souldiers , of covetousness for my self , and my carefull love for my sick and wounded souldiers , of an insensible and cruel neglect , whereas you might more truly accuse me for using too much clemency to my mutinous and rebellious souldiers , wincking at their faults , and pardoning their crimes , when they ought to have been severely punished , by which they would have been better taught , and i obeyed : for severe generals make humble , obedient , industrious , laborious , patient , and couragious souldiers , whereas a compliant general quite spoils them ; but i have shewed mercy to offenders , love and care to the wounded , sick , tyred , and weary , and i have been bountifull to the well-deservers ; all which i am forced to remember you of , because you have forgotten , at least are unwilling to take any notice thereof ; yet i perceive it is the nature of most of mankind , especially mean births , low fortunes , and brute breedings , to be ungratefull , malicious , revengefull , and inhumane . an oration to souldiers , after the loss of a battel . fellow souldiers , i perceive you are dejected at your ill fortune , for fortune is a thief , robbing some to give partially to others ; wherefore we souldiers , whom she busies her self most with , to shew her power and agility , ought to be so carefull and watchfull , as to lock and barricado out fortunes malice , giving her no advantage , if you can possibly hinder her from taking any . yet was it neither for want of conduct or valour , that we wonn not the victory , but heaven and earth was against us : for the sun , wind and dust beat on our faces ; for you indeavouring to get the side of the wind , went against the sun-beams , so that with the sun-beams and the glittering dust , that flew up by the motion of the wind , we could not see , neither to assault our enemies , nor to defend our selves , nay , we were so blinded , as to mistake our friends for our foes , and our foes for our friends ; which tempestuous wind , had it been before we begun to fight , we might have prevented the mischief , it did us , some way or other ; but the wind did rise , when we were so ingaged , as we could not help our selves ; the truth was , it blew so fully against the main part of our battalio , and with that violent force , as it press'd the former ranks so much back , that they did disturb the hinder ranks , and so disorder'd them , till at last it blew them quite away ; for they were forced to turn their backs and to flye for their lives , and when that part of the army fled , others had no hearts to stay ; but do not mistake so , as to believe , that the divine power was against us , but only the elements , and they were against us more by chance than malice . wherefore take courage again , and rowse up your dejected spirits , and repine not for that we could not fore-see to avoid : for i make no doubt , but the next time we encounter our enemies , we shall not only get the reputation you think you have lost , but we shall add to what we formerly had , and pull down the haughty pride of our enemies , that now seem to insult on our misfortunes . an oration to souldiers in necessity . my good souldiers , i cannot much blame your murmuring and complaining words and speeches , by reason our camp is vexed and tormented with scarcity , sickness , and inconveniences ; and although we cannot tell how to mend or help our selves in these extremities , yet it troubles our patience , and somewhat alters your natures , at least divulges them more , making you froward , testy , cholerick ; and froward minds , and testy thoughts are apt to send forth out of the mouth lamenting words and complaining speeches . yet give me leave to tell you , it expresseth , you have partaken too much of your mothers natures , which is not so well for souldiers , who should be no wayes effeminate ; for women naturally are impatient , fretting , chafing and complaining without cause . i do not deny but you at this present have great cause , and therefore some reason for what you speak : yet i hope , though you speak like your mothers , you will act like your fathers . wherefore give me leave to remember you of caesar ' souldiers , for surely you could not choose but hear of them , their fame being so great , and sounding so loud , for their patience , sufferance , hardiness , industry , carefulness , watchfulness , valours and victories , yet were they no more than men , and i hope you are not less than men ; but there are two sorts of courages , and they , as the story says , had them both , as fortitude in suffering , and valour in acting , which made them so fortunate in overcoming , as to conquer the most part of the world ; and though i cannot hope you will conquer all the world , yet i hope you will have victory over your enemies , so shall you be masters and not slaves . an encouraging oration to fearfull souldiers . fellow souldiers , and dear country-men , i perceive by your dejected countenances , and drooping spirits , you are afraid of your enemies ; but i am more afraid of your fears , than of the enemies power ; for fear makes powerfull armies powerless , and a little body with a great spirit is stronger and more vigorous than a great body and a little spirit , so a little army with great courages is more forcible , than a great or numerous army full of faint hearts and cowardly fears . wherefore consider , there are but three wayes , the one is to run away , but remember you cannot run from shame or disgrace , though you may run from your enemy ; an other way is , you may yield up your selves to the enemy , but then you must yield up your liberties with your persons , and become their slaves , in which slavery you live in scorn , are used as beasts , and die as cowards ; the third and last way , which is the best , is to fight your enemy , which if you overcome , you will have the honour of victory , and the profit of the spoils , and if you be kill'd , you dye unconquer'd ; for courage is never overcome , nor gallant heroick actions never dye , and their fames will be their perpetual triumphs , which may last eternally . wherefore , my good souldiers , fight valiantly for life , victory , and glory . an oration to souldiers , that fled from their enemies . vvhat shall i call you ? for i cannot call you fellow souldiers , because you have degraded your selves of that honourable title , by running away , which shews , you have but effeminate spirits or souls , though masculine bodies ; nor can i call your dear country-men ; for you have unnaturaliz'd your selves , by betraying your country , with your cowardly fears , to the power of their enemies ; nor can i call you my good friends , for you did forsake me in danger , and left me to death , had not fortune rescued me ; so that you cannot challenge , nor i cannot give you , any other names , but base cowards and traitors , which words cannot but sound grievously , sadly , and scornfully to your own , your friends , and enemies hearing : and that which will highten your reproach , is that you were not forced nor necessitated to flye , as being overcome , or overpower'd ; for you fled not only before you had tried your enemies force , but when in all probability you should have had the victory , having all the advantages of your side , and against your enemies , that could be , as ground , place , wind , sun , form , order , and number of men , and yet to run away ; o horrid shame to all posterity ! the truth is , i am so out of countenance in your behalf , and so sorrowfull for you , as i cannot choose but blush for shame , and weep for grief , when i look upon you , to see so many able and strong , yet heartless men , that have soiled your bright arms with disgrace , instead of the blood of your enemies . wherefore , you may now pull off your arms , since you have coats of dishonour to wear , and break your swords , for the tongues of reproach are unsheathed against you , which will wound your reputations , and kill your renowns , and your infamy will live in after-ages eternally . an oration to run-away souldiers , who repent their fault . sorrowfull penitents , ( for so you seem by your countenances and your words , the one being sad , the other full of promises , ) i must confess , it becomes you well , for you have been great cowards , and fearfull run-aways , which are faults that cannot be enough lamented , but your actions may be amended , and so you may have a pardon , and your disgrace taken off with some valiant and couragious exploits against your enemies , where i , your general , who am one of mars ' s high priests , shall guide and direct you the way ; and you may relie upon me ; for i am well learned and practised in the mystery of warr. but pray be not as flock of sheep , making me as a parish-priest , as only to talk , and you to run away ; for then i shall curse you , instead of blessing you ; and though it be requisite you should be as meek sheep in ioves ' s temple , yet you must be as raging lions in mars ' s field , and the prayers you make to mars , must be for victory and fame ; but let me tell you , you must implore pallas ' s help , and fortune ' s favour ; and therefore , fight valiantly and fiercely , and take your advantages prudently , stick closely , and fight orderly , and leave the rest to fortune ; which if you do thus , as i advise you , your actions will wipe out all former faults , and take away all your reproach or disgrace so clean , as if they had never been , especially if you have the victory . a mutinous oration to common souldiers , by a common souldier . fellow souldiers , give me leave to tell you , that although you have proved your valours in the battels you have fought , and the assaults you have made , yet you have not proved your selves wise , to leave your native country , and peaceable habitations , only to fight with foreiners , who are as industrious , valiant , and active to overcome and kill you , as you to overcome and kill them ; and what do we fight and hazard our lives for ? not for riches ; for what we get , we are subject to lose again , and should we get riches , we should soon consume them , having no setled abiding to thrive upon the stock , or to get out use of the principal , nor to have any returns by traffick or commerce , but those spoils we can get , are only cumbersome goods , which we are forc'd to fling away in times or places of danger , or when we make sudden or long marches ; and albeit we could easily and safely carry them along with us , yet we should make but small profit of them , and get little ready money for them , although they were not spoil'd in the carriage . by this we may know , the warrs will not inrich us ; and as for fame , common souldiers are never mentioned , although they are the only fighters , but thousands sands of them , when kill'd , are buried in oblivions grave , and no other burial they have ; for their slain bodies for the most part lie and rot above ground , or are devoured by carrion-birds or ravenous beasts ; but the fame or renown is given to the general alone , some under-commanders may chance to be slightly mentioned , but not gloriously famed ; and if you can neither get wealth nor honour , in or by the warrs , why-should you be souldiers ? wherefore , let us return home , and rather be plowmen in our own country , than souldiers in a forein nation , rather feed with our own labours , than starve at our generals command , and rather choose to die peaceably , than to live in the warr , wherein is nothing to be gotten , but scarrs and wounds ; where we may lose our limbs and lives , but not make our fortunes . an oration to stay the souldiers from a mutinous return from the warrs . fellow souldiers , and dear country-men , the souldier that spake to perswade you to mutiny , as to leave the warrs dishonorably , by his speech , any man of courage would believe he were a coward : for no man of courage would leave an enemy in the field , for that would be as bad as running away ; and will you , who have gotten honourable renown by the warrs , quit that renown for disgrace ? shall the speech of a cowardly , idle , base man perswade you more than your reputations ? can any man live , act , or dye more honestly than in the service of his country ? besides , it will not only be a disgrace to you , and also a disgrace to your country , to leave the warrs , but you will indanger your country ; for no question , but your enemies will follow you at the heels , so that instead of carrying home victory and spoils , you will carry home danger , and perchance ruine , betraying your country by faction , mutiny , or cowardly fears . thus , although you came out of your country souldiers , you will return traitors . but should they not follow you , they would scorn you , and your friends would despise you at your return , and what is worse than to be scorn'd and despised of enemies and friends ? when as by your gallant actions the one would be afraid , the other proud of you . and let me tell you , to be a souldier , is the noblest profession ; for it makes mean men as princes , and those princes that are not souldiers , are as mean men ; and though fame doth not mention every particular souldier , but generally all together , yet the memory of every particular souldier and their particular actions never die , as long as their successors live ; for their children mention their fore-fathers valiant actions with pride , pleasure , and delight , and glory that they descended from such worthy ancestors ; and as for scarrs gotten in the warrs , they are such graces and becoming marks , as they woo and win a mistress , and gain her favour , sooner than wealth , title , or beauty doth . but i hope you will neither shew your selves cowards , nor prove your selves traitors , by leaving the warr when you ought to follow it . a generals oration to his mutinous souldiers . fellow souldiers , i hear you murmur , complain , and speak against me , forgetting your respects , obedience , duty , and fidelity to me your general ; for which i am sorry , not for my self , but for my souldiers ; for i am never the worse for my souldiers being evil ; but i am sorry , my souldiers are not what they ought to be ; and though i do not wonder at the disobedience of my common souldiers , yet i cannot but wonder at the baseness of my officers and under-commanders ; for though inferiour men have inferiour minds , rude and wild natures , and barbarous manners , yet men of quality usually have generous , and noble minds , gentle natures , and civil manners , and of all men , gallant souldiers have the noblest minds , and ought to have the reformedst manners ; for though heroick men fight in blood to kill their enemies , yet they will spill their blood , and sacrifize their lives for their friends , country , or country-men , as also for honour , generosity , and fame , and they will rather choose to indure all kind or manner of torments , and to die a thousand , nay , millions of deaths if it could be , than to do one act of dishonour , or that is not fit for a man of honour to do ; indeed heroick and honourable men are petty gods , whereas other men are beasts , the one having celestial natures , the other terrestrial . but by your mutinous speeches , i perceive , i have not those gallant , noble , generous , and valiant souldiers , as i thought i had in this my army , which i am sorry for especially that there is none like my self ; for i utterly renounce all actions or thoughts that ought not be to be done by worthy men , or to be inherent in worthy men ; i hate treachery , as i hate cowardliness , and i hate cowardliness , as i hate disgrace , or infamy , and i hate infamy worse than oblivion ; for oblivion is the hell of meritorious and gallant men ; and as i prefer after-memory , which is fame , before present life , which fame is the heaven wherein worthy and honourable men and actions are glorified , and live to all eternity , so would i have my souldiers there to live , and be glorified ; which desire expresses , that i love my souldiers equal with my self ; and as i do prefer honour and fame before sensual pleasures or life , so i have alwayes preferr'd my souldiers lives before my own ; for i never indeavoured to save my own life , when my souldiers lives were in danger , but have put my person in the same danger they were in , nay , i have ventured one more danger than they have done ; for i have led them singly to the face and front of their enemies ; neither have i been idle , when as my souldiers have taken pains , but to the contrary i have taken pains , when as they have been idle ; for my person hath not only been imployed in ordering , appointing , and directing of every particular , but i have march'd on foot with the infantery , whilst the cavallry hath rid easily on horses , or the chief commanders have rid lasily in their waggons ; as also i have taken pains in teaching , ordering , and marshalling my souldiers , as well as time , place , and opportunity would give me leave ; and my body hath not only labour'd , but my mind and thoughts were alwayes and at all times busily imployed for the affairs of the army , and for my souldiers advantage , contriving the best , as how to prevent the worst . thus my thoughts have labour'd for you continually , keeping me waking , whilst you have slept and rested in ease . neither did i ever rob my souldiers of their spoils , but was pleased to distribute my share amongst them ; nor did i ever make a scarcity of your victuals through my luxury ; nor have i ever brought my souldiers into want through my imprudence ; for whatsoever want or loss you have had , it came meerly from fortune , whose power the wisest and valiantest cannot alwaies and at all times withstand . but yet the common souldiers and under-commanders for the most part accuse their generals , laying the disfavour of fortune to their generals charge , although it is not in any man's power to avoid fortune's malice , unless men could divine what would fall out against all reason or probability ; and though wise men may imagine such chances , yet they will never order their affairs , or designs , or any action against reason , sense , and probability ; besides , foolery and knavery cause loss and misery without fortune's help , making more disorder and confusion , than the wisest men can rectifie . but i will not trouble you with many more words nor reproofs ; for neither words , reproofs , nor perswasions will do any good on a mutinous and rebellious army , who hath more strength to do evil , than honesty to do good ; more fury to mutine , than courage to fight ; more envy to their leaders , than love to their own honours . i add only this , your baseness i abhorr , your rudeness i scorn , your malice i despise , your designs i slight , and your intended cruelty i fear not . a commanders refusing speech to mutinous souldiers , who depos'd their general , and would choose him in his place . fellow souldiers , you have forcibly against my will proclamed me your general , and because i sent you word , i would not command you , you sent me a threatning message , that although you at first chose me through your love and kindness , yet now , whereas i did slight your love , you would force me to take that charge upon me ; but let me tell you , i care not for your favour , nor i fear not your anger , as being neither a knave , nor a coward ; for to be a friend to mutinous souldiers , is to be a knave , to fear them , is to be a coward , and to be chosen general to a rebellious army , is a dishonour ; wherefore i , preferring honour before life , will rather die , than be your general . but who gave you authority to depose your general , and to make an other ? or what right have you to take away , and give commissions ? you will answer , by force of arms , or rather force of rebels ; for arms are , or ought to be , for justice , right , truth , or honour , not for injustice , wrong , injury , falshood , and dishonour ; and strong arms and couragious hearts , do not agree with mad heads , and wild passions ; but you , by your disobedience seem to be cowards ; for valour is obedient , nay , valiant men will obey unreasonable commands , rather than oppose their commanders , and choose rather to die obediently , than to live disobediently ; but your actions have shew'd you to be rebellious cowards ; for which i am not only asham'd , that you are my country-men , or fellow souldiers , but hate you as enemies to honour and honesty ; and therefore , if it lay in my power , i would destroy you , as being unworthy to live. a generals oration to his evil-designing souldiers . fellow souldiers , i have not call'd you together , to perswade you to fight your enemies , for i perceive you are turned cowards , and cowards are deaf to all perswasions of adventures : nor do i go about , to perswade you to patience , although it be the part of good souldiers to suffer patiently , as well as to fight vigorously , also to be patient with painfull labours ; but i perceive , patience and industry , that accompany valour , have also forsaken you . nor shall i perswade you to stick close to me , as to defend my life from the enemies , although i have been more carefull to defend your lives with skill and knowledge in warr and arms , than you have been to defend my life with your strength and courages . and give me leave to tell you , that the renown you have gotten in the warrs , hath been gain'd as much by my conduct , as your valours . thus i neither perswade you to fight , to suffer , nor to help me in time of need ; but my desire is to perswade you , not to bury the renown you have gotten in these warrs , in the grave of treachery , nor to cast down your glorious acts from the palace of fame , into the pit of infamy , which you will do , if you put your evil designs into acts : for i perceive well by your secret meetings and gatherings in companies together without order , and by your whisperings into each others ears , as also by your murmurings , complaints , and exclamations , you intend some evil , but in what manner you will execute your evil designs , i cannot tell ; i suppose it is , either that you will desert me , or make peace with the enemy without me , on dishonourableterms , or that you will betray me to the enemy , and deliver me into their hands ; or else it is , that you have conspir'd to murder me with your own hands , either of which will be unworthy for good souldiers to do . wherefore i would , if i could , disswade you for your own sakes , and not for mine , not to do such acts , as to cause honest men to hate you , valiant men to despise you , wise men not to trust you , your enemies to scorn you , your country to exclame against you , your acquaintance to shun you , your friends to grieve for you , your posterity to be ashamed of you , and disgraced by you ; for when after-ages shall mention you , your posterity , if they have any worth or merit , will hang down their heads for shame , to hear of your evil deeds ; all which will be , if you be mutinous conspirers , traitors , or cowards ; but if neither honour , honesty , fidelity nor love can disswade you from your base , treacherous , and wicked designs , or that your design is against me , here i offer my self to you , to dispose of my person and life as you please ; for i am neither asham'd to suffer , nor afraid to dye , knowing i have not done any thing that a man of honour ought not to do ; and as fear hath no power over my mind , so force hath no power over my will , for i shall willingly dye . an oration to souldiers , who have kill'd their general . barbarous souldiers , or rather cruel murderers , you that have inhumanely kill'd your general , your carefull , painfull , prudent , valiant , loving and kind general , ought to be generally kill'd ; but death would be too great a mercy and happiness for such wretches as you are , for you deserve such torments and afflictions , as are above all expressions , and your bloody action hath made you appear to me so horrid , that me thinks life is terrible , because you live , and death is amable , since our general is dead , and honour lives in the grave with him , and baseness lives in the world with you , devils possess your souls in your living bodies , when as angels have born away his soul from his liveless corps , to be crown'd with everlasting glory . you shall not need to fear your enemies now , for surely they will flye you , not for fear you should kill them , but for fear you should infect them , they fear not your courage , but your wickedness ; neither shall you fear oblivion , for you will be infamous , and the very report of your murdering act will cause a trembling of limbs and chilness of spirit to all the hearers , and you will not only be scorn'd , hated , and curs'd , but prayers will be offer'd against you , and men will bless themselves from you , as from a plague or evil spirit . thus your enemies will despise you , your friends renounce you , honest men exclame against you , men of honour shun you , good fortune forsake you , heaven shut all mercy from you , your conscience torment you , insomuch that you will be asham'd to live and afraid to dye . an oration to souldiers , which repent the death of their general . penitent souldiers , ( for so you seem by your tears , sighs , groans , and sorrowfull complaints , ) i cannot forbid you to weep , for your fault requires great and many showers of tears to wash away your crime ; indeed there is no other way to purge your souls and to cleanse your consciences from the stains of your generals blood , but by penitent tears . wherefore let me advise you , to go to his urn , and there humbly on your knees lamenting your sorrow , pray to heaven for pardon ; then make him a statue , and carry his image in your ensigns , and set his statue under your banner ; thus make him , that was your general , your saint , and let his memory be famous by your valour , that his enemies may know , the power of his name is able to destroy them , so will you make him victorious in his grave , and appease his angry ghost . an oration to distressed souldiers . dear country-men , you know , we are a people that have been conquered , and made slaves to our enemies , which slavery we did patiently indure a long time , but at last we had an impatient desire of liberty , and had our prudence been according to our desires , no doubt but we should have gain'd it , but our over-hasty desires have put us into a greater misery ; for now we are not only like to lose our liberties again , but our lives , or to live in worse bondage than we did before , which we had better dye than indure : but since we were not so wise for our selves to prevent our danger , as we were just to our selves to indeavour our liberty , yet we must not leave indeavouring our own good , so long as life lasts ; wherefore , we must consider , what is best to be done in this extremity . first , we have of our selves a great body , though not so well armed as i wish we were , yet so , as we are not left naked to our enemies ; but though we have a great number , yet our enemies have a greater number , and though we be arm'd , yet our enemies are better armed , the worst of all is , that we are in a place of such disadvantage , as either we must starve , or yield our selves , or fight it out at all hazards ; as for starving , it is a lingring and painfull death , and to yield , will be a miserable and painfull life , wherefore to fight it out at all hazards , will be best for us to choose ; for death is the end of misery , and pain is not felt in a raging or acting fury ; and if we resolve , let the worst come to the worst , we can but dye , and that we must do in time , had we no other enemies than what are natural , as sickness and age ; and these hopes we have , that desperate men in desperate adventures , have many times good fortune , and those that are desperate , want no courage , but they are apt to be careless of conduct ; wherefore let me advise you , to listen to direction , and be carefull to obey your instructions ; for if we should overcome our enemies , we should not only save our lives , which we give for lost , but we should have our liberties , and also honour , power , and wealth too , whereas our enemies only venture their lives to keep us in subjection , which will cause them to fight but faintly ; for where there is neither profit , nor honour to be gain'd , they will sooner run away , than venture their lives in the battel , so that our poverty will defend us , and our necessity help to fight for us ; prudence shall guide us , and then perchance fortune may favour us . wherefore , let us assault our enemies before they expect us , and indeavour to overcome them before they are ready to fight with us ; for if we take them unprepar'd , we shall find them without defence , and in such disorder , as we shall destroy them without hazard . orations to citizens in the market place . part iii. an oration to a dejected people , ruined by warr. unfortunate citizens , and country-men , you now seem to be as much cast down and dejected in your misery , as you were puft up with pride in your prosperity , in which prosperity you were so confident , and so careless of your security , as you would neither believe your danger , nor provide for your safety , insomuch that you murmured and mutined against all assessments and payments , although it were to keep the kingdome in peace , and to strengthen it against forein force ; but now you do not murmur at small taxes , but mourn for your great losses , not for your security , but your ruine ; your vanity is vanished , your pride humbled , and plenty and prosperity fled from you ; where are your brave furnishings your gay adornings ? your far-fetch'd curiosities , and your curious rarities ? your numerous varieties , and rich treasures ? all plunder'd and gone . where are your chargeable buildings , your stately palaces , your delightfull theatres , your pleasant bowers ? all burnt to ashes . where are your races of herses , you fleecy flocks , your lowing herds , your feather'd poultry , and your full-stored barns ? all ruined and gone . where are your rich merchandises , and your thriving trades ? all spoiled . where are your wife laws ? all broken ; your sporting recreations ? all ceased ; your ancestors monuments ? all pull'd down and your fathers bones and ashes dispersed . where are your camerads , companions , and acquaintance ? most of them kill'd ; where are your beautifull wives , daughters , sisters , and mistresses ? the enemy injoyes them , and your country is desolate , ruined , and forlorn ; and you that are left , are miserable ; but what was the cause of your misery ? your pride , envy factions , luxury , vanity , vice , and vvickedness ; for you would neither be instructed , advised , perswaded , nor ruled ; you neglected the service of the gods , disobeyed the orders of your governours , trampled down the laws of the nation , and despised your magistrates , and did all what you would ; which brought this confusion , and so a destruction , in which destruction you must have patience , for patience will mediate and qualifie your misery . a conforting oration to a dejected people , ruined by warr. noble citizens , and dear country-men , i confess , our condition is miserable , and our lives unhappy , in that we are so unfortunate , as to be overcome by our enemies , and impoverished by our losses ; but yet it was uncharitable , nay , inhumane , for the former orator to open our wounded thoughts , with repetition of our losses , and to rub our sore minds with bitter and salt reproaches ; for if we have committed faults , i am sure we have been sufficiently punished for them , and if the gods be just , as we believe they are , our loss and misery hath made them a satisfaction , for which i hope they are pacified ; and though we ought to repent of our past disobedience to the divine and national laws , yet we have no reason to repent of our past lawfull pleasure ; for who , that is wise , will not make use of his riches , and liberties , whilst he hath them ? for were it not a madness for fear of a dearth to starve our selves slaves in plenty ? for fear of an enemy , to make our selves slaves in prosperity ? this were as much as if we should take away our own lives before their natural time , because we know we shall dye ; no , dear country-men it is soon enough to quit pleasure , liberty , and life , when we can injoy them no longer ; and since our fortune is bad , we must indeavour with industry to amend it , and if we cannot , we must suffer patiently , and please ourselves with hopes ; for hope is a food the mind delights to feed on , and entertains it self with pleasing imaginations : and those are fools , that will trouble their minds for that , which cannot be help'd ; for shall we have not only enemies without us , but also within us ? shall we torture our minds with grief , sorrow , fear , an despair , for our misfortunes ? no , dear country-men , let us wipe the tears from our eyes , and defie fortune's malice , and when she knows we regard not her frowns , she may chance to favour us , for she is of the femal gender , whose nature is such , as the more they are neglecte or despised , the kinder they are . an oration for rebuilding a city ruined by warrs . unfortunate citizens ; for so i may call you having been ruined by warrs , and spoiled by our enemies ; for our city is not only burnt to the ground , and all our goods plunder'd , but many of our citizens and country-men kill'd , and we that remain , are preparing with our wives and children to seek new habitations and acquaintance in forein countries , from which i would , if i could , disswade you , since our enemies are gone , and not like to return ; for though they had the victory , and won our city , yet it was with such loss to them , as will force them to keep peace for a long time , not being able to make warrs any longer ; for their valiant'st and most experienc'd souldiers are kill'd , and most of the flour of their youth ; besides , they have spoiled and lost many of their horses , and have wasted and spent abundance of ammunition and arms ; all which considered , they have not gain'd much by this warr ; indeed , warr makes more spoil than profit ; for though we are ruined , yet our enemies are not much inriched ; but leaving them , let us consider , what is the best for our selves in these our misfortunes , and to be industrious to repair our losses ; my advice is , not to separate , but to keep in an united body together , and to rebuild our city : for shall we be worse citizens than the ants or pismires ? which will rebuild their hill or mount over their heads , whensoever it is pull'd down , either by beast , men , or birds , and though it be often pulld down , and the dust dispers'd , yet they will bring new earth , or gather up the relicks of the former farth , to rebuild , and will never leave rebuilding so long as they live ; and certainly , they are very wise in so doing . the like for men ; for it is better , as the wisest way , to unite in a common-wealth , than to live disperst , and to wander about like vagabonds , or to live with strangers in forein lands , or to be governed by unknown or new laws , or to marry with strangers , that mix or corrupt their generations ; for those men are happiest , that live in their native countries , with their natural friends , are govern'd by their ancient laws , marry into their own tribes or natives , increase their own breed , continue their own races , uphold their own families , and are buried with or by their forefathers . wherefore , good citizens , be industrious to rebuild your city , whereby and wherein , you may be as happy and flourishing , as formerly you were ; but if through a dejected discontent , you leave your city in its ruins , 't is probable you will live unhappy , and in slavery all your lives , as also your posterity after you . an oration for building a church . noble citizens , and dear country-men , you have built many streets of houses , but never a church , which shews , you think more of the world , than you do of heaven , you take more care for your bodies , than your souls ; for you build stately palaces to live in , but not a church to pray in , rooms to feast in , not churches to fast in , to unite in riot , not to unite in religion , to talk extravagantly , not to pray piously , to rejoyce in evil , not to rejoyce in thanksgiving . but the nature of mankind is such , that they spend foolishly , and spare foolishly , they will spend to their own hurt , and spare to their own hurt , they fear evil , but never indeavour to avoid punishment , they repent what is past , but never take warning for what is to come ; as for spending their means , they will spend so much as to make themselves sick and poor , with surfeiting , feasting , drunken drinking , pocky whoring , covetous gaming , vain shews , idle sports , and the like ; and when they spare , they are so miserable as not to allow themselves necessaries , so that they make themselves unhappy through want , and yet have more than enough to spend ; also they fear pain , and sickness , but will not indeavour to avoid either ; for men drink so much as they are sure to be so sick as to vomit , and will eat such meat , or drink such drinks , as they are sure to have painfull fits of the gout after them . but it may be said , that the inticing appetite is so perswading , and over-ruling , as they cannot forbear ; but some men will drink when they are not dry , and eat when they are nor hungry , or have any desire thereto , but will drink meerly for company , or being perswaded by others , or out of a humour , and so for eating ; which is strange , that men should be perswaded to suffer and indure great pain for the sake of idle company , or through the perswasion of fools , or out of a foolish or mad humour . likewise all men are loath to dye , and yet most men will venture their lives unnecessarily , or for very small occasions ; and all men are afraid of damnation , and yet they will not indeavour salvation , nay , they will venture damnation for a trifle , yea , for nothing : as for example , they will lie , swear , and forswear , when they are not provoked or have any occasion to swear , lie , and forswear ; and for worldly riches , men are so covetous and greedy , as they will extort , coosen , steal , murder , and venture soul , body , and life for it , yet when they have it , they spend it , as if they did not care for it , nay , as if they did hate such riches ; and not any man would willingly be poor , yet they will spend their wealth so foolishly , as neither to have pleasure , thanks , nor fame for it . the truth is , that by mens actions it could not be believed , that mankind had rational souls ; for though many men will speak wisely , yet most act foolishly or rather madly , so that mens rational souls live more in their words than in their deeds . but if you have rational souls , and a saving belief , you ought to build a church , wherein you may gather together , to repent your sins , to pray for forgiveness , to promise amendment , and to reform your lives , also to hear instructions , and to give good examples to each other , and to accustom your selves to devotion ; so shall you become holy men . besides , churches ought to be built not only for the souls of the living , but for the bodies of the dead , wherein they may be inurned decently , humanly , and religiously . an oration perswading the citizens , to erect a statue in honour of a dead magistrate . noble citizens , n. n. who is now dead , was the wisest , justest , and honestest magistrate , that a common-wealth could desire or have ; and as he served the common-wealth justly , so he ought to be rewarded honourably , for he did well deserve it ; but his death must not be an excuse for ungratefulness , for honours are given to the dead , as well as to the living ; for mens good works live after them , although their bodies dye , and living men are benefitted thereby ; but should the benefit cease with their death , yet men ought not to forget the good they have received ; for those are very unthankfull , unworthy , and base men , that will not acknowledge what they have had , but only respect the present good ; indeed such men are worse than beasts , and ought to live and dye like beasts , as to live in slavery , and to dye in oblivion , whereas virtuous , worthy , honourable , and noble men ought to live free , and be remembred after their lives , and those that have done wise , or ingenious , or good , or profitable , or valiant , or great works , deeds , or acts , ought to be remembred in the minds of men , mentioned by the tongues of men , and figured by the hands of art , so as to live in the minds , ears , and eyes of living men ; as for their merits to be praised , their acts recorded , and their bodies figured to the life , not only pencilled , but carved , or cast in moulds , as carved in stone , or cast in metal , that all ages may not only hear of their name , read of their acts , but see their figures , all which are due rights and right honours to the memory of worthy deceased men ; wherefore , this worthy deceased man , who was a vvife and just magistrate , ought at the common-wealth's charge to have his statue in stone or metal , and to be set up in the most publick place in the city , that every particular person may think of him , and remember his acts , when they see his figure , which will not only be a due honour to him that is dead , but an incouragement to those that live after him , to imitate and follow his example , and that such magistrates and ministers of state , that are imployed after him , may do as he hath done , as to be just , prudent , carefull , and industrious , which the gods grant for the sake of the common-wealth . an accusing oration for refusing the office of a magistrate , and so neglecting the service of the common-wealth . noble citizens , i have assembled you at this time , to make a complaint against d. d. who being chosen a magistrate , as believing him to be one of the ablest men for his . wisdome amongst us , and so fittest to be imployed in the service and affairs of the common-wealth , hath refused the office and imployment , choosing rather to live idlely , than to take pains and labour to do good , for which he ought to be punished either in body or estate ; for it is not only an obstruction to the affairs of the common-wealth , but a dangerous example ; for if all the wisest men should refuse the imployment and management of state-affaris , leaving the government only to fools , the common-wealth would be quickly brought to ruine , in which ruine the wise men would suffer as much as other men ; wherefore , for their own sakes , as well as for the sake of their country , they ought to imploy their bodies and minds in the service of the common-wealth , otherwise foolish statesmen and magistrates will make such disorder , as no particular family or man could live safely , much less plentifully , for peace and plenty would be utterly destroyed with civil warr , were there no forein enemies ; whereas , wise men can keep peace , and make a common-wealth or kingdome flourish : for it is as difficult and hard to keep a common-wealth in peace and order , as it is easie to cause warrs and ruine , and more difficult to make peace , when warr is begun . wherefore , the best way to keep a common-wealth in order , peace , when warr is begun . wherefore , the best way to keep a common-wealth in order , peace , and plenty , is , to choose wise and able magistrates , and not to let the vvise men follow their own pleasures and delights , but to imploy them in the service of the common-wealth . an excusing oration in answer to the former . noble citizens , i am come here at this time to speak for myself , and to tell you , i deserve not to be punished either in my estate or person , for refusing a charge and imployment , i am not capable or fit to be imployed in ; for i confess , i am naturally dull and lasie , no wayes busie or active , and therefore unfit for state-imployments ; and since it is a natural imperfection , i ought to be free from punishment , for the fault lies in nature , not in me , and it would be a great injustice to lay nature's fault to my charge , and to punish me for that i cannot help ; but perchance you will say , this is only an excuse , and i may help this defect ; but put the case it were so , and i could help it , yet i do not find in my self such a supreme wit , judgement , understanding , knowledge , contrivance , prudence , patience , experience , and the like above other men , but that there be other men far beyond me ; for though the orator that spake the last speech , said , i am a vvife man , yet it is more than i know , and probable , he sayes more than he believes ; for it is the nature of some men , to praise other men to their ruine , and praise in some cases , and at some times , and to fome assemblies , or persons , doth more hurt to the praised , than all the dispraises could have done , nay , some times men receive a benefit by being dispraised , where as praises would utterly ruine them . but as i said , put the cafe , i were a wise man , and could discharge the office of a magistrate , as a vvife man should do , yet if a company of fools or knaves joyn together to oppose my orders or power , i can do little good , nay , had i other vvise men joyn'd in power and authority with me , yet we should do little good , for fools and knaves are too strong for honest and vvise men , because they are far more in number , and so much odds there is , as there are thousands of fools for one vvise man ; vvherefore it is fortune , or chance , or some particular favour from the gods , that govern common-wealths , and not those they call vvife men ; for the vvisest men in the vvorld cannot keep a people in peace , if they be resolv'd and set to rebell ; for when the generalilty is up in arms , it is a folly for particular persons to oppose them ; and when the generality will pull down particular persons from their power , particular persons can not stand ; and when the generality will alter a particular government , the government must change ; vvherefore , the only and best means to keep up the common-wealth , is to pray to the gods for peace , and to keep the people as niuch as may be to religious ceremonies , that they may fear the gods , which fear and devotion will make them obey their magistrates , which i wish , and leave them . an oration against some historians , or writers of state-affairs , or policy . fellow citizens , vve have some men amongst us , that seem to desire to be states-men , and because they are not states-men in practice , they are states-men in books , vvriting of state affairs ; but how do they vvrite ? not like vvife , but like learned men ; not to teach men what is best to be done , but what evil hath been done , which is a relation of past , not an instruction to future actions . the truth is , they make an hash of many several authors , taken out of several pieces , to make up a dish to present to their readers , in hope they may inrich their host , if not with preferment , yet with praise ; but surely those are hungry , half starved guest , that can feed with a gusto on such broken meat , although skilfully drest ; and these cooks of other mens meat , which are writers out of other mens works , are not only unprofitable , but cumbersome in the state or common-wealth , filling our libraries and heads with repetition of old authors in new styles , yet were they the authors or first writers of such books , as treat of state-affairs , they would do more hurt than good , and rather make division than unity , warr than peace ; for instead of declaring the policy of state , they teach men to be politick against the state ; and it is to be observed , that much vvriting of that nature makes much trouble , wherein the pen doth more mischief than the sword , witness controversies , that make atheism ; for the more ignorant a people are , the more devout and obedient they are to god and his deputies , which are magistrates ; vvherefore it were very requisite , that all such books should be burnt , and all such vvriters silenced , or at least none should write of states-affairs , but those the state allows or authorises . an oration concurring with the former . fellow citizens , i am of the former orators opinion , that all books of politicks , state-affairs , or national histories should be burnt , and none suffered to write any more books of that nature ; otherwise , not only every writer , but every reader will pretend to be states-men , which will bring an infallible ruine to the common-wealth , having more politicians than business , which will produce more faction than reformation . the truth is , many politicians will be apter to dissolve , than agree to make good laws , and will sooner cause a destruction , then govern a common-wealth ; for every several politician would have a several policy ; but could or would they all agree in their opinions , yet if every man were a states-man , all particular affairs would be laid aside , which particular industries make up a general commerce , trade and traffick in the common-wealth : wherefore , take the former orators advice , for the peace and preservation of this state , and suffer none to write or read any books , but what recreates the mind , as poems , what increases their stores , as husbandry , what restores health , as medicines , what exercises the body , as arts , and what improves the understanding , as sciences ; all which may be allow'd without danger ; but for divinity and state , let those be particular and not general , and rather be in the breast or brain of some , than in the books or studies of many , and let them continue in tradition , but not in print . so will the people obey and not dispute , they wil be practisers and not preachers , and will be content to be subjects , and not indeavour to be soveraigns . an oration somewhat different from the former . fellow citizens , i confess , it is dangerous in a state , when as some men think they are vviser than really they are , but more dangerous , when as every man thinks himself vviser than his neighbour , for those thoughts make them proud , ambitious , and factious , and in the end mutinous and rebellious , and of all self-conceited persons , the self-conceited states-men are the most dangerous , and oftentimes the most foolish ; the greatest danger is , that there are more fools than vvise men , through which general defect , a self-conceited states-man may be the head of fools , although but the tail of vvise men , and head to tail is disproportionable ; but it may be that this disproportion may make them unactive , by which they become less dangerous ; vvherefore , i am not of the former orators opinion , as to have all such books as treat of state-affairs burnt , for the burning of such books may advance their authors fame , but not advance the publick good ; neither do such books publick hurt , by reason none , but some few private persons read them , for the generality delights not in such studies ; so as they will partly dye in oblivion , especially if you take no notice of them . an oration against those that lay an aspersion upon the retirement of noble men . noble citizens , vve have some ill-natured people amongst us , that indeavour to turn all other mens actions , but their own , to the worst sense or construction ; as for example , some of our nobles retire to their country habitations , for which those ill-natured or foolish persons exclame against them , both in books and speeches , as that they retire through pride , ambition , and revenge , being discontented they are not the chief ministers of state , rulers in government , or counsellers for advices ; also they would make their harmless country recreations , as hunting , hawking , racing , and the like sports , as also hospitality , dangerous designs , which is unjustly censured , and wickedly wrested , to pull out the right and truth , to place falshood , when as it may be easily known , that most of our nobles , which retire out of this metropolitan city to their country houses , retire either for pleasure , profit , quiet , or health , or all ; for it is manifest , that in a very great and populous city , there is nothing but trouble , expenses , noise , and oftentimes malignant diseases , all which some ill-natured men and pretending politicians would have theem suffer rather than to avoid . but those men that are so wise , to choose the best , are not afraid of a bawling pen or tongue , and seldom consider or regard what they write or speak , and if they do , they only give such find-faults pity or a scorn . but put the case , noble citizens , that some noble men did retire out of some just discontent , as for example , imagine this kingdome or monarchy had been in a long civil warr , and some noble men had not only been so loyal , as never to adhere to the rebels , but had serv'd their prince to the last of their power , ventured their lives , lost their estates , and had indured great misery in a long banishment , and after an agreement of peace , and the proof of their honesty and loyalty , should be neglected or affronted , instead of reward and favour ; if these forsaken and ruined , although honest persons , should retire from court and city into the country , to bewail their misfortunes in solitary groans , or to pick up their scattered goods , broken inheritance , and tattered states , or to restore their half-dying posterity to some time of life , should they be rail'd and exclamed against ? can heaven bless a state or kingdom , that will suffer such uncharitableness and inhumanity ? or can nature suffer her most noble-minded creatures to stay in the presence of publick affronts , disgraces , and neglects , and not humbly turn their faces from them , or honestly indeavour not to trouble those , that have a desire to please ? and if by their wise prudence , those retired persons can afford themselves some harmless recreations to mix and temper their over-carefull and industrious labours , they ought not to be condemned for it ; for god and nature mixes good and evil , and the greatest grief hath some refreshment of ease , and the hardest labours some rest , but only these find-faults are restless , through envy and ambition , hoping by their busie heads , restless pens , and abusive exclamations , to rise to promotion and preferment , and though they pretend to discover seditions , they are the only authors of factions and seditions . wherefore it would be very fit , noble citizens , that our ministers of state and magistrates should silence such bold persons , that dare censure our nobles private and particular actions ; for if they should have that liberty , they would in time censure this government and our governours of state and common-wealth , and who can fore-see , but that the common rout or people might take their factions or ill-natured or medling dispositions for wisdome ? an oration for liberty of conscience . fellow citizens , it is very probable , we shall fall into a civil warr , through the divers opinions in one and the same religion ; for what hath been the cause of this hash in religion , but the suffering of theological disputations in schools , colleges , churches , and chambers , as also books of controversies ? all which ought not to have been suffered , but prohibited , by making laws of restraint ; but since that freedome hath been given , the inconveniency cannot be avoided , unless the magistrates will give , or at least not oppose a free liberty to all ; for if the people of this nation is so foolish , or wilfull , or factious , or irreligious , as not to agree in one opinion , and to unite in one religion , but will be of divers opinions , if not of divers religions , the governours must yield , or they will consume the civil government with the fire of their zeal ; indeed they will consume themselves at last in their own confusion . wherefore , the best remedy to prevent their own ruine , with the ruine of the common-wealth , is , to let them have liberty of conscience , conditionally , that they do not meddle with civil government or governours ; and for security that they shall not , there must be a law made and inacted , that , whosoever doth preach , dispute , or talk against the government or governours , not only in this , but of any other nation , shall be punished either with death , banishment , or fine ; also for the quiet and peace of this kingdome , there ought to be a strict law , that no governour or magistrate shall in any kind infringe our just rights , our civil or common laws , nor our ancient customs ; for if the one law should be made , and not the other , the people would be slaves , and the governours their tyrants . an oration against liberty of conscience . fellow citizens , i am not of the former orators opinion ; for if you give liberty in the church , you must give liberty in the state , and so let every one do what they will , which will be a strange government , or rather i may say , no government : for if there be no rules , their can be no laws , and if there be no laws , there can be no justice , and if no justice , no safety , and if no safety , no propriety , neither of goods , wives , children , nor lives , and if there be no propriety , there will be no husbandry , and the lands will lye unmanured , also there will be neither trade nor traffick , all which will cause famine , warr , and ruine , and such a confusion , as the kingdome will be like a chaos , which the gods keep us from . an oration proposing a mean betwixt the two former opinions . fellow citizens , i am not of the two former orators opinions , neither for an absolute liberty , nor a forced unity , but between both , as neither to give them such liberty , as for several opinions , to gather into several congregations , nor to force them to such ceremonies , as agree not with their consciences ; and if those sects or separatists disturb not the canon , common , or civil laws , not to disturb their bodies , minds , or estates : for if they disturb not the publick weal , why should you disturb their private devotions ? wherefore , give them leave to follow their several opinions , in their particular families , otherwise if you force them , you will make them furious , and if you give them an absolute liberty , you will make them factious . an oration reproving vices . noble citizens , being a fellow citizen with you , i ought not to forbear from perswading you to reform the disorders of this city , as not to suffer loose and idle persons to live without imployment , or to pass by their abuses without punishment ; also to reform the excess of vanity , luxury , drunkenness , and adultery , of which the chiefest are most guilty ; for the poor and inferiour sort hath not means to maintain those vices , although they indeavour to the utmost of their abilities ; and as they have not means , so they have not that courage or rather impudence to act vices so publickly , as the richer sort doth ; for poverty is humble , which makes it modest , when as riches is proud and bold ; the truth is , this city is like a surfeited body , full of diseases , and i fear , easie remedies , which are perswasions , will not cure you , except warrs , plagues or famine come amongst you , or be applied to you , for they may cure some , although they will kill most : but one thing i vvonder most at , that you send your children to school , to be instructed in divinity and morality , which is to teach them to pray and to fast , to be humble and charitable , to be prudent and temperate , yet at home they have leave and liberty to be vain , idle , and expensive , to feed luxuriously , to play wantonly , and to live riotously , so that what good their tutors teach them by reading and preaching , their fathers corrupt them by example and precepts ; they go forth to be schooled , and come home to be fooled . wherefore , i cannot imagine , why you should put your selves to that charge , to have your children taught and instructed to that which is good , and yet suffer them to do what is bad , unless you desire to fee whether god or the devil be strongest in them ; but if you cannot live more soberly , moderately , orderly , and honestly , the best way were to send your children so far from you , as not to hear of you , untill you dye , so that the next generation may be better , unless by nature you leave your sons to inherit your vices , as they do your goods by birth , and then there is no hopes of amendment . it is likely you will say , why i stand here talking to you , and exhorting you ? i answer , that saint paul fayeth , by the foolishness of preaching men may be saved : so i hope my words may work upon your hearts , as to perswade you , not to spend your wealth , to wast your time , to end your lives so unprofitably , as neither to serve your god , your country , nor your friends . an oration concerning the forein travels of young gentlemen . noble citizens , you think your sons not well bred , unless you send them to travel into forein nations , to see and understand fashions , customs , and manners of the world , by which they may learn the better to know themselves , and to judge of others ; but though you send your sons abroad , in hope they will profit by their travels , yet you are for the most part deceived in your hopes and expectations : for our young men in this age get nothing by their travels , but vanity and vice , which makes them fools ; for they gain not any profitable understanding , or knowledge , to make them wise men ; the truth is , they go forth of their own country , civil men , but return brute beasts , as apes , goats , and swine , and some few return foxes , so that their travels metamorphose them from men to beasts ; and as for their learning of several languages , give me leave to tell you , that they learn more words than wit , which makes them speak much , but not well . but to come to the drist of my speech , since our travelling gallants being home only vanity and vice , as more prodigality than frugality , more luxury than temperance , more diseases than health , more extravagancy than discretion , more folly than experience , and more vice than vertue , it were better they should stay at home , than travel as they do ; for their travels are not only unprofitable to themselves , and their country , but destructive ; for their vices and vanity , doth not only corrupt their own natures and civil manners , and wast their bodies and estates , but it corrupts all good government in the weal publick ; for which reason , i think it most requisite and fit , that none should travel without leave of the state or publick counsel , and at their return should be accountable to the state and publick counsel of their travels , and the advantages they have made . thus their travels would be profitable both to themselves , and to their country ; for they would be as a nursery and school to breed up youth to be wise men . an oration concerning playes , and players . noble citizens , here is a company of players , which are for pleasure and pastime to those that have nothing to do , and money to spend ; but give me leave to tell you , youmis-spend your time , and also your money , unless the players were better actors , and their playes better playes ; for as their playes have no vvit in them , so the actors have no grace , nor becoming behaviour in their actions ; for what is constraint , is misbecoming , as being not natural , and whatsoever is unnatural , is deformed : but pray , mistake me not , as believing , i am an enemy to playes or players , for i am an enemy only to foolish playes , and ill actors , but for good playes well acted , i am so far from being an enemy to them , as i think there is nothing so profitable for youth , both to increase their understanding , and to fashion their behaviour ; and for those that have spare time , they cannot pass it more pleasingly ; therefore let me advise you , that are magistrates of this city , to set up a company of players at the common charge , and to maintain some excellent poet , to make good playes , and certainly you will be no losers in so doing , but gainers , being the best and readiest way of education for your children : for the poet will inform them both of the world , and the natures and humours of mankind , an easier and delightfuller way , than the school-men ; and the actors will shew them to behave themselves more gracefully and becomingly , than their dancing-masters . thus they will learn more both for their bodies and minds of the poet and players , than of their tutors and governours , or by studying or travelling , which is expensive , laborious , and dangerous , whereas the other is easie , delightfull , safe , and profitable . also one thing more i must advise you , that you provide a practick judicious man , to instruct the players to act well ; for as they must have a poet , to make their playes , so they must have a tutor to teach them to act those playes , unless the poet will take the pains to teach them himself , as to humour the passions , and to express the humours naturally , and not to act after the french fashion , with high strained voices , constrained motions , violent actions , and such transportation , as is neither gracefull , becoming , nor natural ; but they must make love soberly , implore favour humbly , complain seriously , lament sadly , and not affectedly , fantastically , constraintly , ragingly , furiously , and the like ; all which in my opinion they do senselesly , foolishly , and madly ; for all feignings must be done as naturally as may be , that they may seem as real truths . several causes pleaded in several courts of judicature . part iv. accusing and pleading at the barr before the judges , for and against a woman that hath kill'd her husband . most reverend judges , the plaintiff this woman , who is accused , not only for killing a man , but her husband , we have for this grievous and horrid fact brought before your honours , to be judged according to the laws , delivering her to your justice and judgement . defendant . most reverend , and just judges , 't is true , that this unhappy woman hath unfortunately kill'd her husband , but heaven knows , it was against her will , and as i may say against her knowledge : for her husband and she being lovingly together , not mistrusting any danger , on a sudden came a man , who as it seems , was her husbands enemy , for he assaulted her husband with a drawn sword ; this woman seeing her husband in danger , as being unarmed and defenceless , was so afrighted as she knew not what she did ; wherefore , she having got a dagger , which lay in the room they were in , and thinking to thrust it into her husbands enemy , unawares thrust it into her husbands body , wherewith he fell down , and immediately died , which when she saw and perceived the mistake , she was as distracted , and at last fell into a trance , but being recovered out of that faint fit , she hath since remain'd a most sorrowfull and lamenting widdow ; i express her sorrow , to prove her innocence from all evil constructions ; for the death of her husband was not designed or intended by her , but by fate and fortune ; and it is the duty of a loving wife , to defend her husbands honour , person , and life , with all her indeavours , and if the success of her honest , loyal , and loving indeavours falls out unfortunately , she ought not to be punished for her misfortune ; for misfortune is no crime , but rather to be pitied and comforted , either can justice make misfortune a law to condemn to dye ; and shall duty and loyalty be made traitors ? shall honest love be punished with torments and death ? no , most reverend judges , love and loyalty ought to be honoured with praise and respect , and not with torments and death , and the death of this vvomans husband was caused by a maskered fear , proceeding from an extraordinary love. thus his death was a chance , not an intended murder . plaintiff . most reverend judges , there can be no witness of the intention , but her own knowledge and conscience , which are invisible and not proveable , and therefore insufficient to acquit her ; but that which is a sufficient vvitness against her intention , and may lawfully condemn her , is her indeavour to resist the judgement and sentence of death ; for all good , loyal , and loving vvives ought , nay , desire to live and dye with their husbands , when as they be free from all suspect , wherefore much more ought they to accompany their husbands in death , who are liable to be judged and condemned for treason and murder ; for as it is unlawfull and irreligious for to act her own death , so it is dishonourable and impious to indeavour to resist the judgement of death by lawfull authority , pleading by her lawyers most shamefully for life . defendant . most reverend judges , it is not that she desires to live , but not to dye infamously , as to dye as a murderer of her husband ; for though her husband was kill'd by her hand , yet he was not kill'd by her intention , but by chance , which misfortune makes her life a torment to her , for being so unhappy as unwittingly to destroy him , which her life did most delight with ; but yet she would , if she could , rather live miserably , than dye dishonourably ; for in her dishonourable death , both she and her husband doth doubly dye . plaintiff . most reverend judges , it were better two persons should dye four times over , than such a crime should be once pardoned ; for the example will be more dangerous , than to have an innocent condemned would be grievous : but it is most probable , she is guilty . a cause of adultery pleaded at the barr before judges . most reverend judges , plaintiff . here is a man and a woman , that were taken in adultery , and brought hither to be judged , that they may suffer according to the law , which is death . defendant . most reverend judges , this adulteress , and adulterer , ( for so in truth they are ) although the woman is ashamed to confess in words , only in silent tears , yet the man confesseth his fault publickly , and asks pardon , only he says , it is a natural fault : for the desire of procreation is born and bred in all nature's animal creatures ; it is an orginal appetite , but whether it be an original sin , he says , he doth not know ; yet if it be , it may more justly be pardoned , than gluttony , which was the cause of mans fall , witness eve , and the forbidden fruit ; and that damnable sin , gluttony , that destroyes many lives through surfeits , the law takes no notice of , but procreation that begets and makes life , is punish'd by the law , which seems strange to reason , that cursed gluttony should be advanced , and loving adultery hang'd . indeed , it is a great injustice , at least a grievous law ; and surely our forefathers , that made that law , were defective either in bodies or minds , or at least in judgement ; and though i confess it is not fit , we should break or dissolve those laws , howsoever erroneous they are , that our predecessors made ; yet we , their posterities and successors may sweeten or qualifie the extreme rigor of their laws , as in this case of adultery , to punish the bodies , but to spare their lives ; or to fine their estates , and spare their bodies ; for if the rigor of the law should be put in execution in all cases , and to all persons , there would no man be free , either in his estate , person , or life ; but howsoever , this male-offender , my client , sayes , that if he must dye , yet he shall not dye basely or dishonourably , by reason he shall dye loves martyr ; as for the femal offender , she sayes , that she was seduced by nature , as eve by the devil , and women being of soft and tender dispositions , do easily yield to an inticing appetite ; besides , men being eloquent in perswading , prevalent in flattering , free in protesting , and earnest in vows and promises , all which hath such force with females , who are credulous and believing creatures , as she had no power to deny him his desire . but both these lovers desire these most noble and just judges to consider , their crime is not caused through spite , envy , malice , revenge , scorn , pride , hate , or the like sins , but through love , kindness , friendship , charity , generosity , humility , and such like vertues , which caused this crime , namely adultery , so that it is the only sin , that is built upon vertues : besides , this sin , namely adultery , hath a well-pleased countenance , a courtly behaviour , and an eloquent speech , which is the cause , most men and women are in love with this sin , the gods forgive them for it ; for this sin doth not appear with terrible and horrid aspect as murder , as to cause the very soul as much as the senses to be maskered with fear ; not it doth not appear of so foul an aspect as gluttony and drunkenness , as to cause hate or aversion , but it hath so amiable an aspect as to cause love , and so fruitfull an effect as to cause life and living creatures . they implore mercy , and beg your favourable sentence , and since it is a natural effect for males and females to be adulterers , at least lovers , you may as soon destroy all animal creatures as this sin , if it be one ; and if there be some men and women purely chast , those are of divine compositions , and not perfect naturals , their souls and bodies having more of the purity of the gods , than the gross corporality of nature ; but these two offendants confess , they have proved themselves nature's creatures , and the woman says she is eve's daughter , but if you will spare her life , she hopes to be as great a saint as mary magdalen ; for she will beg pardon by repentance , and wash out her sin with her tears . plaintiff . most reverend judges , this pleader ought to be condemned , not only for a corrupt lawyer , but a wicked man , and may very well be believed to be guilty of the same crime , he pleads so well for ; for if he were not guilty of the crime , he would not plead for a pardon . defendant . most reverend judges , i am no more guilty of the sin , than the interceding saints in heaven for sinners on earth ; but if the pleader should be condemned for the cause of his client , neither truth would be heard , nor right decided , so that all justice would be overthrown with malicious accusers , and false witnesses . but howsoever , most reverend judges , i am not to decide the cause , though i plead in the behalf of my clients , and it is the profession of a lawyer , to speak for his clients , and not against them , whatsoever their cause be ; for this is the part of their opposites , and i am not to fling the first stone . plaintiff . most reverend judges , howsoever he be affected , whether evil or not , yet the cause he pleads , is a wicked cause , and the offenders ought to be severely punished , according to the punishing laws for such offences and offenders ; and if adultery should be suffered , propriety and the right of inheritance would be lost in the obscurity of hidden adultery , or in the uncertainty of the right children or fathers . a cause pleaded at the barr before judges , concerning theft . most reverend , and just judges , plaintiff . here is a man , which is accused for stealing privately , and robbing openly , against all law and right , the goods of his neighbours , for which we have brought him before your honours , appealing to the laws for satisfaction of the injuries , wrongs , and loffes , leaving him to your justice and judgement . defendant . most reverend judges , i am come here to plead for this poor man , my client , who is accused for stealing , which is a silent obscure way of taking the goods of other men , for his own use ; also this poor man , ( for so i may say he is , having nothing of his own to live on , but what he is necessitated to take from other men ) is accused for robbery , which is to take away the goods of other men in a visible way and forcible manner ; all which he confesseth , as that the accusation against him is true ; for he did both steal and rob for his own livelihood , and maintenance of his old 〈…〉 past labouring , and for his young children , 〈…〉 are not able to help themselves , and for his weak ; sick wife , that labours in child birth ; for which he appeals to nature , who made all things in common , she made not some men to be rich , and other men poor , some to surfeit with overmuch plenty , and others to be starved for want : for when she made the world and the creatures in it , she did not divide the earth , nor the rest of the elements , but gave the use generally amongst them all . but when governmental laws were devised by some usurping men , who were the greatest thieves and robbers , ( for they robbed the rest of mankind of their natural liberties and inheritances , which is to be equal possessors of the world ; ) these grand and original thieves and robbers , which are call'd moral philosophers , or common-wealth makers , were not only thieves and tyrants to the generality of mankind , but they were rebels against nature , imprisoning nature within the jail of restraint , keeping her to the spare diet of temperance , binding her with laws , and inslaving her with propriety , whereas all is in common with nature . wherefore , being against nature's laws for any man to possess more of the world or the goods of the world than an other man , those that have more wealth or power than other men , ought to be punished as usurpers and robbers , and not those that are poor and powerless . therefore , if you be just judges of nature , and not of art , judges for right , and not for wrong , if you be judges of the most ancient laws , and not usurping tyrants , you will not only quit this poor man , and set him free from his accusers , which are his and such poor men's abusers , but you will cause his accusers , who are rich , to divide their wealth equally with him and all his family ; for which judgement you will gain natures favour , which is the empress of mankind , her government is the ancientest , noblest , generousest , heroickest , and royalest , and her laws are not only the ancientest , ( for there are no records before nature's laws , so that they are the fundamental laws of the universe , and the most common laws extending to all creatures , ) but they are the wisest laws , and yet the freest ; also nature is the most justest judge , both for rewards and punishments ; for she rewards her creatures , that observe her laws as they ought to do , with delight and pleasure , but those that break or abuse her laws , as in destroying their fellow creatures by untimely deaths , or unnatural torments , or do riot and oppress her with excess , she punishes them with grief , pains , and sicknesses , and if you will avoid the punishment of remorse , grief , and repentance , save this poor necessitated man from violence , and the cruelty of these inhuman , unnatural , destroying laws . plaintiff . most reverend judges , this man , who is nature's lawyer and pleader , ought to be banish'd from this place , and his profession of pleading out of all civilest governments ; for he talks he knows not what of nature's laws , whereas there is no law in nature , for nature is lawless , and hath made all her creatures so , as to be wild and ravenous , to be unsatiable and injurious , to be unjust , cruel , destructive , and so disorderous , that , if it were not for civil government , ordained from an higher power , as from the creator of nature her self , all her works would be in a confusion , and so their own destruction . but man is not all of nature's work , but only in his outward frame , having an inward celestial and divine composition , and a supreme power given him by the gods to rule and govern nature ; so that if your honours submit to the plea of this babler , you will make the rulers and governours of nature , the slaves of nature ; wherefore , if you be celestial and not natural judges , and will give divine judgement , and not judge according to brutal senses , you will condemn this notorious thief and wild robber to the gallows , that his life may be the satisfaction for the wrongs , and his death an example for a warning to prevent the like crimes . a cause pleaded before judges betwixt two bastards . most reverend judges , plaintiff there be two laws in this kingdom , which seem to be very unjust ; the one is , that if a vvoman be got / with child by one man , and marries an other before her child is born , that child must inherit her husbands estate , if it be a son , so that one mans son comes to be an other mans heir by the law. the other is , that if a man begets a son before marriage , and he marries not the vvoman till after his son is born , and though the marriage cancels the fault of adultery , and is an attonement for the sin or crime , both to god and the law , yet the innocent child , that was in no fault , is put by the inheritance by the law ; indeed , the son so born , inherits only the disgrace of a bastard , but not his fathers estate ; and thus if the vvoman be incontinent , a mans own begotten son shall not inherit , and an other mans bastard be his heir . the same case is brought to be pleaded before your honours , for two sons of one vvoman , but not of one father , the eldest being her husbands , begotten and born before marriage , the other begotten by an other man , but born a moneth after her marriage with the first sons father . the son born after marriage claims his mothers husbands estate as inheritance by law , the other claims the estate as a natural right . defendant . most reverend judges , the son born to inherit , claims the estate by the right of birth , and hopes your honours will not suffer his birth-right to be taken from him . plaintiff most reverend judges , the right begotten son doth not challenge his fathers estate , as his right by birth , but as his right by gift ; for his father by deed gave him that which the law took from him ; for his estate being not intail'd , he might give it to whom he would , and he could not give it more justly , honestly , and lovingly , than to his own son ; but had he not a child of his own to have given it to , yet surely he would never have left it , if he had power to dispose of it , to a son of his inconstant wife , or friend , which bore him to his shame and dishonour ; but the case is so clear for his true-begotten son , as it needs no more pleading . a cause pleaded before the judges between an husband and his wife . most reverend judges , plaintiff . here is a woman born of good parents , brought a great portion , and makes a chast vvife , yet her husband is so unkind , and so cruel , as he doth not only beat her often , but so grievously and sorely , as she is weary of her life , and therefore she beseeches your honours to take so much commiseration of her cause , as to bind her husband to a good behaviour , or to grant her a bill of divorce , and some allowance from him , that she may live absent in peace . defendant . most reverend judges , a husband anger , nor yet his corrections , is not a sufficient plea for a wife to part from her husband ; for a woman when she marries , makes a promise before god and his divine minister in the sacred temple , that she takes her husband to have and to hold , for better for worse , and that she will be dutifull and obedient , as also constant to him so long as life lasts , and so plights her troth ; wherefore , it is against the laws of god and his church , to sue for a divorce ; also it is against her duty to complain ; wherefore , she ought by the laws of god , and consequently by all other laws , to suffer patiently , did she give her husband no cause to use her so severely . plaintiff . most reverend judges , a wife is not bound by any laws but religion , to hazard her life , and she fears he will kill her in his fury , and therefore for the safety of her life , she desires your honours will quit her of the danger . defendant . most reverend judges , a wife is bound both by the law of nature , and god , to hazard her life , not only for her husbands safety , honour , and pleasure , but for his humour ; for a vvife is bound to leave her parents , country , and what else soever , to go with her husband , wheresoever he goes , and will have her go with him , were it on the dangerous seas , or into barren deserts , or perpetual banishments , or bloody vvarrs , besides child-birth ; all which is more dangerous and painfull than blows ; but howsoever , it is as lawfull for an husband to govern , rule , and correct his vvife , as for parents to rule , govern , and correct their children , or for masters to rule , govern , and correct their servants or slaves . plaintiff . but parents ought not strike or cruelly use their children , nor masters their servants or slaves , without faults committed . defendant parents , masters , and husbands in the case of ruling , governing , correcting , punishing or using their children , servants , slaves , and vvives , ought to be their own judges , and no other . but , most reverend judges , she is not free from fault , for though she be chast , yet she is a scold , she gives her husband more unkind vvords , than he gives her unkind blows , and her tongue provokes his hand to strike her ; but as she is lavish of her vvords , so she is of his estate , not so much with what she spends , as with that she spoils , and though he can keep her from the one , he cannot hinder her from the other ; for she is not only unhuswifely , and careless of the main stock , but she breaks , rends , and spoils all his goods out of a malicious revenge , and evil nature ; yet howsoever , were she the best vvife that could be , and he the worst husband , the law hath no power to mend him , and help her , for the law ought not to intermeddle in their quarrel , as having no more power to take away the prerogative of a husband , than the prerogative of parents and masters ; for whensoever the law takes the part of a servant against his master , a subject against his prince , a child against his parents , or a wife against her husband , the law doth unjustly usurp on their rights and privileges , which rights and privileges they receiv'd from nature , god and morality . a widdows cause pleaded before judges in the court of equity . most reverend judges , plaintiff . here is a poor widdow of a rich husband , who in his life-time did allow her little , and at his death left her less ; for he only left her a small annuity during her life , which is so small , as cannot maintain her , neither like his widdow , nor indeed in any decent fashion ; for she having no joynture , he to bar her of her widdows share , gave her this small annuity , knowing that otherwise she should have had the third part of his estate during life , but he by a deed and gift of a little hath cast out her claim from the common law , wherefore she doth appeal to this court of equity and conscience , hoping to have justice accordingly . defendant . most reverend judges , there is no reason , equity , nor conscience , that the vviddow should carry away during her life so great a part of her husbands estate , as to impoverish his children , and ruine his family ; besides , it hinders the paying of debts , and there be very few families , that have not debts as well as children , which creditors ought to be paid as well , as children to have portions : and were there no debts , yet many childrens portions , although but small , would shrink a great estate almost into nothing ; but if a vviddow carries out the third part , there will be little left for after posterity , when every child hath had their portion , indeed so little , as after posterity will have nothing to live on , nor to be bred up with , which is the cause there are so many noble , honourable , and right vvorshipfull beggers ; nay , it makes them not only beggers , but base and vvicked , for having not means according to their births , nor minds according to their means , despising their fortunes , they take desperate courses , or else their minds are so dejected , as they degenerate from their births , and do base actions . plaintiff . most reverend judges , it is against conscience and equity , that the mother , that bred and bore her children , with fear , sorrow , pain , and danger of her life , should be left poorer than the children that were born from her . defendant . most reverend judges , it is against all reason , equity , and conscience , that parents should get and bring forth children , and not provide for those children ; for if they give them no means to live , as neither by education to get means , nor some allowance or means to live , their children will have small reason to thank their parents , or natural affection to be dutifull to them , for giving them a miserable life , which deserves no thanks , nor can challenge a duty ; for as children are bound by the laws of nature to assist their parents , so parents are bound by the laws of nature , to provide for their childrens subsistence , and when the bonds are broken of one part , the othe part is free. but , most reverend judges , i do not plead against the mothers or wife's livelihood ; for it is not , that mothers and wives ought not to be provided for , for a man ought to be a kind husband , as well as a loving father , but a wife ought not to be the ruine either of her own , or her husbands children , and if she be a natural mother , she ought to spare for her children , and not to spend what her children should have , but most women do not only spend what their children should have , but give it away to a second husband , to the ruine of the first husbands children and family ; for this reason , wise men that are husbands , not knowing what their wives will do , when they are dead , leave them as little as they can , securing their own estates and familes as much as they possibly can from the spoils and ruins , which strangers , as second husbands make ; for it were more conscionable not to leave a wife any maintenance , than too much , and better , one should suffer , than many perish , at least it is better that a widdow should live poorly all her life , than that an honourable family should be poor to all succession : wherefore , this widdow in conscience ought to have no more out of her dead husbands estate , than what he hath left her , which is enough for necessity , though not for vanity , enoough to live a solitary widdow , as she ought to do , although not enough to inrich a second husband , which a hundred to one , but she would do , if she had it ; but her husband was a wise man , a carefull father , and a prudent husband in not giving his vvife the liberty to play the fool. a cause pleaded before judges betwixt a master and his servant . most reverend judges , plaintiff . here is a poor servant , which served his master honestly , and his master hath turn'd him out of his service without his vvages , which are due unto him by right of bargain and agreement made betwixt them , which bargain and agreement he hath broken , and unjustly detains his vvages . defendant . most reverend judges , this servant accuses his master falsly , and challenges that which he ought not to have , as so much for his wages , for the bargain was , that his master would give him so much wages to do so much vvork , he did not hire him to be idle , so that a master is not bound to keep a lasie servant , nor to pay him his vvages , unless he had done the work he was hired to do , and not only to do it , but to do according to his masters will and good liking . plaintiff . most reverend judges , if a masters finding fault shall be sufficient to barr a servant of his vvages , no servants could live by their labours , for masters would find faults a purpose to save their hire . defendant . most reverend judges , if servants should live idlely , or disorderly , or disobediently , or make vvast and spoil of their masters goods and estate , and be maintain'd with meat , drink , lodging , and vvages , their masters would become poorer than their servants , and live in more subjection , rather than so , the masters would serve themselves , and keep no servants ; for surely , men will rather be their own servants , than to be servants , or rather slaves to their servants , so that servants would not only want vvages , but food , and starve for want ; for if they gain nothing by their labour , and have no means of their own , they must upon necessity perish ; and for examples sake , as well as justice , this servant ought not to be paid his wages , for he doth not deserve it , and therefore 't is not his right nor due to have it . two lawyers plead before judges , a cause betwixt a father and his son. most reverend judges , plaintiff against the father . here is the son which ought to be his fathers heir , whom for marryig against his fathers consent , his father hath dis-inherited , which is against all law or right , both of god , nature , and man. defendant . most reverend judges , disobedient children ought to have no part nor parcel of their parents estate , as lands , goods , or whatsoever ; for it the parents have no duty , nor obedience from their child , their child can challenge no part of their parents estate , and since he hath married disobediently , he ought to live poorly , or to get his living by his own labour or industry . plaintiff . most reverend judges , there is no reason , nor law , that if one man commit a fault to an other , that man should commit an other to be quit with him ; and put the case the son were unnaturally disobedient , must the father be unnaturally cruel to be revenged of him ? defendant . most reverend judges , parents are the fittest judges of their childrens faults and crimes committed against them . but howsoever , parents cannot be thought cruel or unnatural to punish the crimes of their children , no more than god can be said to be cruel or unjust to punish sinners ; for god who made creatures , may do what he pleases with them ; for being his own work , he may dispose or order them as he thinks best , or as he pleaseth : so parents that begot their children , may do the like in things concerning themselves . plaintiff . but god is mercifull , wherefore parents ought to be natural . defendant . god is just , and therefore children ought to be dutifull . plaintiff . but if god should punish his creatures according to their desert , no man would be saved . defendant . and if children should do what they list , there would be no government ; for parents would be made slaves , and their children masters : so if god should not punish some of his creatures , all would be damned , and to make up the fulness of their sins , they would despise his love , and not fear his power , and so they would neither love nor fear god ; so children would have neither duty nor obedience to their parents : but to prove it a clear cause , his estate is free from all intails , and wholly in his own power , to dispose of it as he pleases , and to give it to whom he will , and therefore his son can challenge nothing by law or right . speeches to the king in council . part v. a privy-counsellours speech to his soveraign . dread soveraign , here are many of your noble subjects chosen out to be , i can not say privy-counsellours , by reason there be too many to keep secrets of state , which shews we are rather counsellours for form , than for business , counsellours in name , rather than counsellours in nature ; wherefore , we shall not need to trouble your majesty or our selves , the one to hear , the other to speak long orations , or tedious speeches ; for should we speak , we should rather speak like fools than wise men , by reason we are not acquainted with your majesties cabinet designs , or intrigues ; and so being your majesties general , and not particular counsellours , must needs speak at randome : wherefore , we beseech your majesty , not to censure our judgements , but our ignorances in not knowing your majesties most private , as cabinet desires , designs , and intrigues . a petition and plea at the council-table , before the king and his council , concerning two brothers condemned by the laws to dye . may it please your most sacred majesty , i am come here to your majesties council-table , to plead the cause of two brothers , whose cause hath been heard , judged , cast , and condemned by the judges of the laws of this land , and must suffer death , unless your majesty acquit or pardon them ; indeed their cause is hard , for they were forced either to offend the laws of government , or the laws of honour , the laws of government threatned bodily death , the laws of honour threatned infamy , and being worthy persons , they chose rather to venture life , than to live dishonourably ; but their crime , or ( it may rather be called ) their justice , which the laws of the land have condemned them for , is for killing , or rather punishing their sister for the impurity , immodesty , dishonesty , and dishonour of inchastity , which was an offence to the gods , a reproach to her life , a disgrace to her race , a dishonour to her kindred , and an infamy to her family ; as for the sin , they past that by , to be judged of by the gods , her own reproach they regarded not , the disgrace of her race they indeavoured to obscure ; but as for the dishonour to her kindred , and infamy to her family , her brothers were resolv'd to wash off the dishonour with her blood , and to rub out the black spot of infamy with her death , which resolution they put in execution , forcing a surgeon to open an artery vein ; through which she bled to death . besides , had they let her have liv'd , the laws of the land would have punished her , which would have been a double dishonour , and a recorded infamy , receiving as much dishonour by her public punishment , as her private crime . wherefore , to prevent as well , as to take off all disgrace , they were her executioners , by forcing the surgeon to strike an artery , a very easie death for so great an offender : but the natural affections from brothers to a sister , did desire she might dye with as little pain as might be : now dead she is , and they condemned to dye for her death , unless your majesty will pardon them , and it will be a gracious act , to pardon vvorthy men , such men as preferr'd honour before life . a speech of one of the privy-counsellours , which is an answer to the former plea and petition . may it please your majesty to give me leave as one of your council to answer this man. as for parents to kill their children , for children to kill their parents , for brethren to kill each other , and sisters their brothers , or brothers their sisters , or neeces or nephews their uncles or aunts , or uncles and aunts to kill their nephews or neeces , or cousin germans , is unnatural , or to be the cause of their death is unnatural , i may say a great sin in nature ; vvherefore these two brothers , that were the cause , indeed the actors in effect of their sisters death , have sinned against the gods , nature , and the laws of good government , for which they deserve punishment , both in this vvorld , and in the vvorld after this life ; and as for that which is called honour , it is but the opinion of some men , a meer fancy , not any real good , only a name to perswade men to do evil actions , as to fight duells , to make vvarrs , to murder friends , nay , to murder themselves ; all which is against gods , mens , and natures laws , which is inhuman , uncharitable , unnatural , and impious . the petitioners reply . most dread soveraign , since your majesty is pleased to hear the sutes of humble petitioners , and the causes of pleaders , and the defences of condemned persons , as your condemned subjects , at your council-bord , their last refuge in extremity , appealing to your majesties self , where your majesty sits in person , to hear not only counsels , but complaints , i shall answer this privy-counsellour , whose judgement is more severe , than i hope your majesty will be in your sentence ; he says , it is inhuman , uncharitable , unnatural , and impious for neer allies to kill each other ; but neither your majesty , nor your most loyal subjects , should nor would think , nor believe so , if your majesty had a civil rebellious warr , which i pray the gods to keep you from , yet in all civil warrs neer allies fight against one an other , and kill one another , believing they do not only their king but god good service in so doing ; for what pious men or loyal subjects would not kill their fathers , or their sons , that fight against their king , or do but oppose his will and pleasure ? nay , those that speak against it , ought to be accounted traitors ; and as for honour , which is said only to be an opinion and fancy of some men , yet it is such an opinion and fancy that without it men would neither be generous , nor valiant , just , nor gratefull , faithfull , nor trusty , but all men would be sordid , covetous , cowards , false cheats , unthankfull , and treacherous ; besides , wit and learning would be quite abolished or buried in oblivion , and if men care not for esteem , respect , and praise , men would not care to do that which is good , but on the contrary would do all the hurt and evil they could ; for praise keeps men from evil , more than laws or punishment , and praise is more powerfull to perswade and to allure men to good , than strength or authority hath power to inforce men to good , and honour lives in praise , and praise lives in worthy acts , which worthy acts fame records , that after-ages may know , what just , valiant , generous , wise , learned , witty , ingenious , industrious , pious , faithfull , and vertuous men liv'd in former times , which knowledge will make posterity desirous and industrious to do as their fore-fathers have done . thus do good and honourable acts beget their like in after-ages , which is a race of worthy deeds . wherefore , your majesty for the good of the present and future times , will favour these men that love honour more than life , and fear disgrace more than death , which is the cause of the two brothers , for whom i plead and beg your majesties pardon . the kings answer . i neither ought to approve the act of those two brothers , concerning the death of their sister , nor to obstruct or oppose my laws in their condemnment : yet since their act was to take away disgrace , and not out of malice , and through a hate to the crime , not to the person , i am not willing to leave them to the punishment , and the laws being satisfied by their arraignment , judgement , and condemnment , i will give them their lives , lands , goods , and liberties , which the laws took from them , and so leave them to gods mercy for grace , to repent their sin. a privy-counsellours speech at the council-bord to his soveraign . most gracious soveraign , this your city , wherein your majesty doth chiefly reside , grows too big for the rest of your kingdome , indeed so big as it will be too unruly and unwieldy to be govern'd , and being fully populated , it will not only be apt to corrupt the air , and so cause often and great plagues , which may infect the whole kingdome ; for where many people are , there is much dung and filth , both within the streets and houses , as also foul bodies and corrupt humours , which of necessity must be very unwholesome ; but it will devour the rest of the kingdome , for it is the mouth and belly that devours the fruitfull increase of the land , yet labours not to husband the ground : besides , the richest and noblest of your subjects residing for the most part in the city , as being the chief city , rob the country , and inrich the city ; for what they receive in the country , they spend in the city , so that they feed on the labours of the poor country-men , and are inriched by the vanities of the nobles . thus they thrive by vanity , and live by spoils , wasting the plenty , beggering the gentry , and ruining the country , and so the kingdome . also too great and populous a city is not only a head too great for the body of the common-wealth , but like a head that is full of gross humours , indeed a great city is a head fill'd with evil designs , and not only a head with evil designs , but it is the tongue of detraction , the heart of civil warr , the magazin of warring arms , and the treasury to maintain rebellious armies ; for though they are more apt to mutin than to fight , and more apt to rise in tumults than in arms , yet more apt to take up arms , than to keep peace ; and though they have neither conduct nor courage , yet they will destroy with force and fury , whosoever will offer to oppose them ; and their great plenty will make them more apt to rebell , than if they were pinched with necessity ; for their wealth makes them proud , their pride makes them ambitious , their ambition makes them envious , their envy makes them factious , their faction makes them mutinous , and in a tumultuous mutiny they will indeavour to pull your majesty from your throne , break your laws , and make havock and spoil of all the goods and lives of your loyalst ministers of state , and noblest persons about you , and for the most part , the most honest and worthiest persons they can come to , they will destroy . thus a great city is too rich to be obedient , too proud to be govern'd , too populous to be quiet , and too factious to live peaceably . a privy-counsellours speech to his soveraign , concerning trade . dread soveraign , i think it my duty to inform your majesty , that trade is so decayed , as it will in a short time ruine your kingdome , if not timely repaired ; for this kingdome being an island , trade is the foundation to uphold it , without which foundation it will fall to ruine ; and the chief persons of and for trading in an island are merchants adventurers , which are both forein and home traffickers . these merchants , your majesty should assist and defend to the utmost of your power . as for the advancing of trade , there be three things , the first is easie taxes for customs ; the second is , to secure them from enemies at sea ; the third is , not to suffer your neighbour-nations to incroach upon their privileges , or to take the trading from them : as for the first , to lessen your customs , will lessen your revenue , and that ought not to be , by reason your revenue is not so great , as to admit of any diminution , your charge being extraordinary great , but your majesty may secure them at sea by your shipping , and maintain their privileges abroad and at home by your power , which actions will not only cause your neighbours to fear you , but your subjects to love you , the one for your force , the other for your favour . and give me leave , dread soveraign , to inform you , that the more merchants adventurers you have , the more power and strength at sea you have ; for shipping increases with their trade , in so much , as your merchants adventurers will both increase your power and wealth ; for if they be rich , the kingdome cannot be poor , and if the kingdome be rich , your majesty cannot be poor ; besides , their ships of burden are an assistance to your ships of warr , both which i beseech the gods to increase for your majesties , and your subjects security . an oration to his majesty , for preventing imminent dangers . dread soveraign , i think it my duty , being one of your privy-counsellours , to give your majesty advice , lest sudden dangers may surprize you , or at least great disorders may give you great troubles ; for certainly , if your majesty take not a speedy course to rectifie some errors , you will soon have a civil warr , which i pray the gods to avert : the first error is , that justice is corrupted ; the second , that vanity is excessive ; the third and worst , that your treasury is empty : to rectifie injustice , is , to suffer no offices to be sold , nor bribes to be taken ; to rectifie the excess of vanity , is , to see that a law be made , that every degree or quality is to be known or distinguished by their habits , and to set a stint or proportion in feasting , as that the greatest feast shall not exceed such a price or charge , as your majesty and your great council shall think fit ; and to rectifie your empty treasury , is , to provide that first your majesties expences must not be above your revenue ; also to take great care , that your officers and receivers do not coosen your majesty ; for if your expences be above your revenue , and that your officers and receivers deceive you , your majesty must be necessitated to tax your people , which will so much discontent your subjects in general , as will cause them to murmur , and make them apt to rebell , and if they should rebell , your majesty for want of money , would not be able to resist them , or to help your self ; also for want of money , your majesties magazins are as empty , as your treasury . wherefore , your majesty must be industrious to fill the one , and to store the other , that your majesty may have arms and ammunition for your use , if need require . a privy-counsellours speech to the king , at the council-bord . may it please your majesty , there are some needy , or rather spending , or wasting unthrifts , that have got from your majesty leave for monopolies , not caring what harm they do your majesty , so they may reap a profit to themselves ; but were they as meritorious subjects , as any your majesty hath , yet they cannot be so deserving , as to displease many thousands of your other subjects , to favour and reward some few particular persons , and for the advancing and inriching of those persons , many hundreds , nay thousands are ruined , at least impoverish'd ; but if your majesty were any wayes the better , or receiv'd any profit , either by increasing and inriching your treasures , or for the service of your warrs , or that it were any wayes beneficial for your government , or that you did receive any pleasure or delight thereby , monopolies ought not to be spoken against , but it is so far from that , as it impoverishes your majesties store , by impoverishing your subjects , by their ingrossing , and then inhansing particular commodities , and when the generality of your subjects are poor , your majesty cannot be rich ; for your revenue comes or is drawn from the generality throughout your whole kingdom , and not from some particular persons ; for though particular persons may make your majesty poor , by receiving from your majesty great gifts , yet particular persons cannot make your majesty rich , with particular presents or assessments . thus particular persons may drain your treasury , but not fill it . neither can monopolies nor monopolizers serve you in your warrs ; for though monopolies and monopolizers may be the cause of civil warrs , by discontenting the people , yet they cannot maintain your warrs , nor defend your person , nor pacifie the people , unless by the sacrifices of their lives , and those will not alwayes satisfie them ; for whensoever a rebellion is raised , and civil warrs begun , it is a long time , before there can be peace again . neither can monopolies be beneficial to the common-wealth , for the common-wealth thrives in equal distributions , whereas incrochments , ingrossings , and hordings of several and particular commodities , impoverish the common-wealth , like as when some men hord up corn , it causes a dearth , inhansing the price so high as the poorer people are not able to buy it , or at least not so much as daily to feed them ; the like for money ; when rich miserable men hord up money , it makes such a scarcity of it , that the poor people , although they labour painfully , yet cannot get enough to maintain themselves , their wives , and children ; for the scarcer money is , the cheaper is their work , in so much as poor labouring men cannot get half the worth of their labour : neither doth your majesty receive any pleasure or delight by granting monopolies or monopolizers ; for what pleasure can it be to hear the murmurs and complaints of your poor subjects ? what pleasure can it be for your majesty to have monopolizers , to spend what they get by their monopolies , on mistresses , luxury , and vanity ? they are not to entertain your majesty with masks , playes , shews , sports and pastimes , for you pay dear for those delights without their assistance . the truth is , that those monopolizers get more , than they ought to do that way , and yet not so much as the people loses ; like as those that plunder a city , the city loses more than the souldiers get by their plunder , for they can make little profit of those commodities , that the citizens grew rich by , and the souldiers do not only take the goods , but spoil the trade ; the like do monopolizers ; indeed they are devouring worms in a common-wealth , eating out the very bowels , which is trade , for without trade a common-wealth cannot well subsist ; for how should men live by one an other , but by trading ? but we are sure , that your gracious majesty did not know or think what a mischief monopolies are in a common-wealth , otherwise we your majesties counsellours know , your majesty would never have granted or suffered such sores upon your loyal subjects . a privy-counsellours speech to his majesty at the council-bord . may it please your sacred majesty , these petitioners , that petition for reformations of government , and complain for the breach of their privileges , and exclame against their magistrates , and your majesties ministers of state , are to be considered as dangerous persons , for their petitions are fore-runners of civil warrs , if not timely prevented ; for though they cloak their treacherous designs under fair and humble words at the first , yet no doubt , but they will persist and go on in a rough and rude manner ; for what they call in their petition , their humble complaints , are factious and seditious murmurings , and what they name their humble desires of redress , are presumptuous demands , and the number of the petitioners are a rebellious insurrection , for which they ought to be severely punished , fome of them with imprisonment , and some with the loss of their goods , others to be punish'd with death , and others with banishment , and their privileges ought utterly to be taken from them , as that they have forfeited them to your majesty . thus shall you raise money from mollits , strength from traitors , and peace from warr. a privy-counsellours speech to his majesty at the council-table . may it please your majesty , that i say i am of the opinion , that the counsel of the lord n. n. is too severe , and that it is dangerous to inveterate a discontented people , but rather they should be palleated and qualified with some condescence , as also to put out some declarations in their favour , which will be a means to pacifie them , and to allay their discontents , and hinder their evil designs ; for if you rub a sore , it will fester , and may make it gangreen , and cause a part to fall from the whole : so , to inrage a people may make them rebell , and fall from their allegiance , which otherwise it may be they would not do , and he is an ill surgeon , that will make a wound , instead of healing a wound ; so it were not well to make traitors , that would be loyal subjects , or to make warrs instead of keeping peace , and when warr is begun , it is not likely there will be any good agreement , untill most of the kingdome is ruined , in which ruine your majesty will be a loser ; for he is the greatest king that hath the most flourishing and populous kingdome , and he is the happiest king , that hath the most peaceable subjects . a privy-counsellours speech to his majesty at the council-bord . may it please your majesty , that i say i am neither of the lord n. n. opinion , as to put your justice against your offending subjects presently in execution , nor of the lord s. y. opinion , to let your offending subjects go unpunished , and worse to flatter them , for that will make them proud , and pride will make them stand upon high terms , nay , it will make them insult so imperiously , as not any condescence will satisfie them ; for when as the people perceives their soveraign is afraid of them , they become unruly , but when they fear their soveraign , they are obedient ; for it is impossible to work upon their good nature , as to make them obey through love and good will , because they have no good natures to work on ; wherefore , there is none other way but force , to make them loyal , and to keep them to their allegiance ; and my advice is to your majesty , to make your self strong , before you appear either to favour them , or disfavour them , but to be so long in your results , as your majesty hath gathered up your strength , and setled your power , and secured your person ; otherwise you may declare what you will , but you shall have but few partakers , whilst you are weak and powerless ; for men listen not so much to words , as they are afraid of what they see ; for power increases power , whereas words do but multiply words , and lessen power ; but when your majesty hath got a sufficient power to oppose them , or to command them , then declare your will and pleasure , and put your justice in execution . wherefore it is requisite , that your majesty should store your magazins , man your forts , make garrisons , rigg your navy , and get what money you can , to raise an army if need require ; also your majesty must take great care , that you imploy and intrust honest men and loyal subjects , such as have been alwayes obedient , otherwise you will be betrayed , and your own designs will be turn'd against you ; for your majesties affairs require now rather honest than subtil men , and wise rather than crafty men . orations in courts of maiesty , from subjects to their king , and from the king to his subjects . part vi. complaints of the subjects to their soveraign . most gracious soveraign , we are come here not as mutinous rebells , but humble petitioners to implore your favour , as to redress our grievances , and to take off our heavy oppressions ; for all the profit of our labours , which should maintain our lives , wives and children , is forcibly taken from us , and we do not only pay taxes , but intolerable prices for all commodities and necessaries , occasioned by monopolies and projects , which ingross all particular commodities , so that we are forced to buy our liberties to sell , and sell our liberties to buy ; but if your majesty were a gainer by our loss , and were inriched by our poverty , we could be well contented to be miserable for your majesties sake , either for your profit or pleasure , but your majesty injoyes it not , but other men which are call'd courtiers , promotors , promooters , and projectors , spend it idlely , vainly , riotously , and we fear wickedly ; so that what we get with labour , they spend with idleness , what we get with care , they spend with carelesness ; the truth of it is , they wear our lives upon their backs , and feed upon our bowels ; but the worst is , that if we be poor half starved , we shall neither be able to serve your gracious majesty either in peace or warr , and therefore we beseech your majesty for your own sake as well as for ours , you would be pleas'd to redress our grievances . the subjects complaint to their soveraign , of the abuses of their magistrates . most gracious soveraign , as all creatures make their complaints to god , as the highest and most powerfull in heaven : so we your humble and obedient subjects make our complaints to your majesty , as the highest and most powerfull , being gods vice-regent , on earth ; but though your majesty is loving and carefull of your poor subjects , making judges , magistrates , and officers , to keep order , to do justice , to give right , to rectifie errors , and to punish crimes , that your subjects might flourish in peace and plenty , yet they are so far from doing justice , as they make wrongs , and do injuries , and instead of giving every one their right , they take away our rights from us , and instead of order , they commit disorder , and instead of rectifying errors , they make errors , and instead of punishing crimes , they are the greatest criminals themselves , and those that are the most honest and peaceable of your subjects , are most sure to be worst used by them , because they have not that profit by them , as by those that are disturbers , destroyers , or deceivers , for when they have committed faults , they get money for their pardons , whereas those that commit no fault , need no pardon : and as for justice , or rather injustice , it is sold at the bar or on the bench ; for causes or cases are not pleaded or decided for truth or right , but for bribes or favour ; also the magistrate doth not set the poor a-work , but takes away the poors work , i mean not their labour , but their getting , as the profit , and so leaves them not any thing to live on ; also they do rob the subjects in general , and your majesty in particular ; for though they take away much from us , yet they pay your majesty but little in comparison of what they take , and they use or rather abuse your majesties name , to the ruine of your subjects ; for they extort by your majesties name , and when we hear your majesties name , we humbly submit and yield to all they demand ; for not only your person , but your name is sacred to us : but give us leave to tell your majesty , that they are so unsatiably covetous , as all the vvealth of your other subjects will not satisfie them , and their covetousness makes them so unbelieving , and hard-hearted , as when they have taken all from us , they put us in prison , because we have nothing left to give them , and if we be not put in prison , we are put to slavery , and many times our vvives and our children are abused ; and this is the lamentable condition of your poor subjects ; for which we implore your majesties redress , knowing it is not your majesties pleasure we should suffer so miserably . a kings speech to his rebellious rout . beloved subjects , vvhat is the reason or cause you gather together in such rebellious tumults ? is it for fear of your lives or liberties ? which you have no cause to fear , for i am not your enemy , but your gracious king ; or is it that you are my enemies , and throng to dethrone me ? or is it that you would have the absolute power amongst you ? which absolute power cannot be divided amongst many ; for if every one hath liberty to do what he list , not any man will have power to do what he would ; for liberty will be lost , if every man will take upon him to rule , and confusion will take place of government . thus striving for liberty , you will thrust your selves into slavery , and out of ambition to rule , you will lose all government , and out of covetousness to be rich , you 'l make your selves miserably poor ; for if there be no government , there can be no order , if there be no order , there can be no justice , and if no justice , there can be no safety , if no safety , no peace , if no peace , no trade , and if no trade , there will be no riches . vvherefore your best way is , to submit and obey , to be content , to be ruled , and not seek to govern , to injoy your rights , and to revenge your vvrongs by law and justice , and not to make vvarr and confusion to destroy your selves . a kings speech to rebellious subjects . i may call you well-beloved subjects , but i cannot call you loving subjects ; for although i have been carefull , watchfull , prudent , and just for your safeties , peace , prosperities , and rights , yet you regard not my safety . my peace , nor my rights ; neither can i call you good , for you are factious , complaining , and full of malice ; nay , it may be a question whether i may call you subjects , for you disobey all authority , resist the laws , and will obey no command , unless you be forced ; and though you have not actually rebell'd , yet you are in the way to it , for you dispute my power , and would if you could , take away my prerogatives , but will not quit any of your privileges , which shews your unconscionableness , ungratefulness , and unkindness to me , your soveraign ; besides , you are so unreasonable , and so evil , as you murmur at my harmless and lawfull pleasures , but will abate none of your own vanities , vices , and wickednesses . the truth of it is . i have done like an over-fond father , who through extreme love and tenderness to his children , hath given them their wills and liberties so much , as they forget their duties , and become disobedient through vvantonness ; but had i used severity instead of clemency , and had rigorously kept you in fear , and had exacted more from you , and had yielded less to you , and had i curbed your liberties , you had been more obedient , which would have been more happy both for me and for you ; for then you would have been govern'd easily , and obey'd willingly , by which we should have lived peaceably , whereas now we are like to ruine each other with civil vvarrs , unless heaven open your eyes of understanding , to see your faults , errors , and dangers , you are like to fall into ; but i hope heaven will give you grace to reform your lives , and conform your manners to live peaceably . a kings speech to discontented subjects . beloved subjects , i perceive frowning countenances amongst my people , which doth portend a storm , but let me advise you from raising a storm , lest you ship-wrack the whole kingdome , and be drown'd your selves in the vvaves of rebellion ; the truth of it is , raging men are worse than raging billows , and worse , more devouring than the sea. yet if you are resolve'd to make vvarr , rather make vvarr in forein nations , than in your own country , and on strangers , rather than on your friends ; for to make vvarr on me , your king , and your soveraign , is against the laws of god ; to make vvarr on the protector of your liberties , and father of your country , is unnatural ; to spill your friends blood , is ungratefull and inhuman ; to ruine your native country , is barbarous ; by which actions you will become worse than beasts , and as bad as devils ; but if you be so possest with fury , as no intreaties will dispossess you , you must be scourged with misery : the truth is , you seem by your rebellious actions to be mad , and then there is no cure for you , but to be let blood in the discontented veins , and i will be your surgeon , on whom i 'l try my skil and power , to bring you into a perfect obedience ; besides , i will bind you with bonds of slavery , and whip you with rods of afflictions , unless you presently conform your selves to peace , law , and government , and humbly crave pardon for your faults . a kings speech to his rebellious subjects . proud , presumptuous subjects , for so you are , that dare bring your soveraigns prerogatives in question , and to dispute his power ; but who gave you that authority ? not my ancestors , nor your own ; for my ancestors conquered your ancestors , and made them slaves , in which slavery you ought to have been kept , and not to have such liberty as now you have , in so much as to come so near and so high in your demands , as to justle me in my throne ; only you cast a veil of pretence over your wicked designs , the pretence is your rights and privileges ; but what rights had you , when you were conquered ? and what privileges have you , but what the conquerour gave ? he gave you not the privilege to dispute my power , or to bring my prerogatives in question ; neither have you privilege to disobey my command , to resist my authority , or to break my laws ; and know , rather than i will quit my rights , my birth , or my power , i will die first ; but my death will not serve your turn , for i have successors ; and though your idle thoughts and vain hopes perswade you you shall get more liberty by rebellious actions , yet you may be deceiv'd , and in the end thrust your selves in absolute slavery ; but it seems you had rather be base slaves , than loyal subjects , or else you would not be so apt to mutiny as you are , yet if you once rebell ; i will indeavour to destroy every man that opposes me , or stands neuter , and if i cannot destroy you with that power i have , i will call in forein nations that shall devour you ; for believe , i will not be ruined alone , but the ruine of the whole kingdome shall accompany me . a recantation of the poor petitioning subjects . most dread soveraign , your most sorrowfull and poor petitioning subjects , hearing your majesty was displeased at their complaints , and angry with them , for coming in a company together , imploring your majesties favour and redress of their poor condition , not imagining that their complaints would be taken as factious and seditious murmurings , or their desires of redress as presumptuous demands , or that their petitioning in a company together would be taken for a rebellious insurrection , they have sent me a poor man , not daring to come together as they did , to let your majesty know , how much afflicted they are for your displeasure , which displeasure they are more grieved for , than for any other affliction , that could come either upon their lives , bodies , goods , wives , or children ; for they do assure your majesty , and call heaven to witness for them , that they came not for any evil design to your majesty , nor your majesties government , but only out of a good intent , believing your majesty did not know what they did suffer ; but if they had known , or but imagined , it had been your majesties will and pleasure they should suffer , they would never have complain'd , and rather have starved or indured any torment , than opposed your majesty in any thing : and if your majesty thinks their ignorant fault is beyond a pardon , they are ready and willing to indure any punishment , or to dye at your majesties command . repenting subjects to their soveraign . most gracious soveraign , vve your most penitent subjects crave pardon for our faults , not only with tears in our eyes , but sorrow in our hearts , for our murmuring speeches and rebellious actions , for which we confess we deserve to die , or worse , as to indure great and grievous torments ; but if your majesties clemency spare our bodies from pain , and our lives from death , we are doubly , nay trebly bound to your majesty , first by our duties , next for your mercy , and last for our pardon , to be not only your majesties loyal subjects , but loyal slaves ; and since there is no man so perfect , but is subject to offend , and not in light or small offences , but great and grievous , as not only against man and man , or against nature , but against god himself ; we hope your majesty will consider our frail natures , and will rather blame nature for making us so , than us for being so . but since repentance is the way to forgiveness , and absolution follows contrition , we with contrite hearts and humble spirits crave your mercy . a kings speech to his good subjects . my beloved , and most loving subjects , ( for so you are ) i have required your assembling together , that i may see you , and you me ; for i do not love to be as a stranger to my subjects , nor i would not have my subjects as strangers to me ; and if it were possible , i would be acquainted with their faces , degrees , qualities , and professions , and not only be their king , but their friend , not to govern them in general , but to counsel and advise in particulars . indeed , i have reason to give you often publick visits , as also publick thanks for your loyalty and love ; for your obedience seems such , as you seem to watch for my commands , and your love is such , as you seem to prefer my safety before your own lives , and my pleasures before your own profits , in so much as you seem you did desire only to live to serve me ; for which i thank the gods for making me so happy to be a king of such subjects , whose only strife is for my favour , who are ambitious only for my fame , and take a pride in my glory , whose valours inlarge my dominions , whose industries inrich my treasuries , whose delights are my pleasures , whose love protects my person , and whose prayers are for my health and long life ; i can only say , that your loyalty , obedience , and love , is not to a king , that doth not regard it , nor to a tyrant , that had rather be fear'd than loved ; but assure your selves , my affection to my people is such , as a fond fathers to his only son , who had rather die for his sons good , than live to his own pleasure , and that all the indeavours of his life are for his sake , as to make his son rich , noble , and powerfull , that he may have respect , renown , and fame amongst strangers ; the like do i for my subjects . indeed a king is the common father of his people , and i rejoyce to see you as a loving father doth his children , and so i pray the gods to bless you . speeches of dying persons . part vii . a kings dying speech to his noble subjects . faithfull counsellours , just magistrates , loving friends , noble men , and loyal subjects , you see me here death's prisoner ; yet though i must part with my subjects , they shall not part with their soveraign , for i shall leave them a king , though i die. i have been your crown'd king this thirty years , a heavy weight , and a long time of trouble ; but a king hath more title than power , and more power than pleasure : for were all his subjects slaves , and all did obey his will , yet to order and govern them to his will , requires pains , care , and study ; but my desire and will was to make my subjects happy , to which end i bent all my industry , the which i wish , my successor may do the like , for good subjects deserve a good soveraign ; indeed , all good subjects have not at all times good soveraigns , nor all good soveraigns good subjects , for all soveraigns are not wise , nor all subjects loyal ; for though good men make good subjects , yet good men do not alwaies make good soveraigns , as being not piety , nor moral honesty , that makes good kings , but industry , observation , understanding , judgement , wit , prudence , and courage , that makes kings wise rulers ; also counsels , experience , and practice , which makes an old king a better governour than a young king , and yet all subjects for the most part grow weary with their soveraigns age , and so consequently with their own happiness ; but their folly and ingratitude is often punished in having their desires . indeed , most of mankind through ignorance and inconstancy desire their own hurt , which when they feel , they are displeased with the gods for granting that they were earnest with the gods to give them , so that they are seldome contented : but i wish they may have good desires , contented minds , and happy lives , and i pray the gods , they may flourish with my successors in peace and plenty , as they have done with me , to whom i leave you , and him to you : farewell . a daughters dying speech to her father . father , farewell ! and may that life that issues from my young and tender years , be added to your age ! may all your grief be buried in my grave , and may the joys , pleasures and delights , that did attend my life , be servants unto yours ! may comfort dry your eyes , god cease your sorrows , that , though i die , you may live happily . why do you mourn that death must be your son-in-law ? since he is a better husband , than any you could choose me , or i could choose my self , it is a match that nature and the fates have made ; wherefore be content , for it is not in your power to alter the decrees of fate , for destiny cannot be opposed , but if you could , you would rob me of the happiness the gods intend me ; for though my body shall dwell with death , my soul shall dwell in heaven , and holy angels that are my marriage guests , will conduct it to that glory , for which you have cause to joy , and not to grieve , for all creatures live but to die , but those that are blessed die to live , and so do i. farewell . a souldiers dying speech to his friends . dear friends , you are come to see me die , but i am sorry you shall see me die in the bed of sloth , and not in the field of action ; for now i shall die like a coward , whereas had i died in the field of warr , i should have died as a valiant man ; indeed the field of warr is the bed of honour , wherein all valiant and gallant men should die ; but fortune hath denied me that honour , she hath spar'd my life to my loss , for those that die in the warrs , have greater renowns and gloriouser fame , than those that die in chambers of peace ; for whatsoever heroick acts men have done , for the most part die , if they out-live them ; for such actions live by the deaths of the actors , i do not say alwaies , but for the most part , which makes me fear the service i have done my king and country , will die with me , and be buried in oblivions grave , yet should the service i have done , be quite forgotten , i should not repent my actions ; for honourable persons and gallant men should do what they ought to do , although they were certain never to be rewarded ; for though few men are rewarded according to their merits , and many have favour , that did never merit a reward , ( so unjust is the world , fortune , and fame ) yet their injustice must not make men unworthy ; but i have done my part , and death will do his. farewell . a dying speech of a loving mistress to her beloved servant . servant , this day i should have been your wife , and so your servant , as you have been mine , but death hath robbed hymen of his rights , and now he fights with life , which he will overcome ; for death is conquerour of all , and triumphs in his spoils : yet death by taking my life prisoner , will set your person free to choose an other mistress to make a wife , in whose imbraces i shall be buried and utterly forgotten . i speak not this in envy to her happiness , nor yours , for envy dwells with life , and not with death ; nor am i loth to die , nor grieve to be forgotten , no , not by those that i loved most and equal with my soul ; for those i love , i would not have them mourn in melancholy thoughts and sad remembrance of my death , i only wish , that she that you love next , may return love again , with as much truth , constancy , and purity , as i have loved you , and may she be the glory of her sex , and honour of her husband , and may you live to love each other , and love to live for one an others sake ; may nature , time , fortune , fate , and the gods joyn in your happiness . farewell . a forein travellers dying speech . dear friends , i have travelled farr , and have seen much of the world , and have gone round about the world , but now i shall travel out of the world , from which i shall bring no news , i shall not come back to relate my journies , or to tell you what strange creatures there are in the other world , or what dangers i escap'd , or what adventures i have made , or what several countries there are , and which is good for plantation , or what commodities there are , or what traffick there is or may be ; for though all creatures are transported , yet no returns are sent back in lieu of them , unless we believe new-born creatures are sent out of the other world into this , but that is not probable , because they are made in this world , and of the same substances of the world : but howsoever , those that are sent thither , as by sickness , casualties , fortune , and age , return no more ; wherefore , i must take my last leave of you ; for though i have been at the confines of death , and am return'd to my friends again , yet i never was in the region of death , a place i never was ambitious or desirous to go to ; for though i had the curiosity to see the several countries , kingdomes , and places in the several parts of the world , yet i never had the curiosity to travel into death's kingdome , no nor to see the mansions of the gods , which may be accounted a sin. indeed travellers are accounted atheistical , but if they were , yet when they come to die , they would change those atheistical opinions : and as bad as they are thought to be , yet they are not afraid of death ; for then they would not venture their lives so often as they do ; indeed travellers have as great courage as souldiers have , and 't is believed as little religion , but not so much hate , envy , malice , revenge , nor covetousness , unless they be merchants ; nor they are not robbers and murderers , they do not take away mens lives , nor goods , as souldiers do ; but of all men , travellers have most reason to adore and worship god best , for they see most of his wonderfull works , which shew his power , might , wisdome , and majesty , the which makes his creatures admire him , praise him , fear him , love him , and pray to him as the great , omnipotent , infinite , eternal , incomprehensible , and everlasting god , to whom i resign my soul , and leave my body to death . farewell . a lovers dying speech to his beloved mistress . dear mistress , though i must die , i leave my life to live with you , for you are the life of my love , and the love of my life ; you are the palace of my soul , wherein it lives , and will remain , though death doth take my body hence ; for souls live , though bodies die ; yet do not drown my soul in tears , nor cloud it with your sorrows , but give it light of joy , and please it with your kind remembrance . but o my jealous thoughts do torture more my mind , than pains of death do torture my weak body , lest you should banish the love of me , to entertain a stranger , which if you do , the gods will punish you for your inconstancy ; but pardon this my jealousie , for doubts proceed from love , and your virtue is the anchor of my hopes , and haven of security , in which my love lives safe , farewell . a sons dying speech to his father . father , i have been an unprofitable son , for i shall die a batchelour , and so leave you no posterity to keep alive your name and family , which is a double grief , both to your self and me , indeed to me it is a treble grief , because the fault is only mine , loving vain pleasures and liberty so much , as made me unwilling to be bound in wedlock bonds , believing that a wife would be a hinderance to those delights that pleas'd me ; besides , i trusted to my youth and health , thinking i had time enough to marry and increase ; also i thought that very young men's children would prove but weak and sickly in body and mind ; thus did i bring many arguments to live a batchelour , untill such time as i had more maturity of years , and then i did intend to choose a vvife with your consent , or else consent to marry whom you pleas'd ; but death will alter that design , and you and i must both submit to heavens decree . yet have i this to comfort me , that you did never command me to marry , wherefore my fault was not a fault of disobedience , for i never disobey'd you all my life , which makes me die in peace . farewell . a young virgins dying speech . dear friends , i do perceive , that holy angels hover about my soul , to bear it to the gods , when parted from my body , a virgin 's soul it is , cloth'd with white innocency , and so fitter for their company , as also for the robe of glory , which the gods will give me . as for my body , though it be young , yet is it only fit for death , as being due to him , for that was made of earth , and death is lord of all the earth doth form , breed , and bring forth ; but souls being of an other nature , those that are celestial , proceeding from the gods , do to the gods return ; whereas wicked souls , that are damned , and proceed not from the gods , but from the damned spirits , return to the damned crew again : for all is good , that doth proceed from god , and though the best of souls doth sin , yet god doth give them purging grace , that cleanses them from evil , which grace hath purified my soul , and made it fit for heaven , where i do wish all souls may come . farewell . a husbands dying speech to his wife . vvife , farewell ; for death will break our marriage knot , and will divorce our persons , but not dissolve our love , unless you be inconstant ; for death hath not that power to disunite our souls , for they may live and love eternally ; but if you marry a second husband , you separate our loves , as death will separate our bodies , for in that marriage-bed you will bury all remembrance of me ; and so shall i doubly die , and doubly be buried ; for your second husband will be my second death ; but if you live a widdow , you will keep me stil alive , both in your name and memory , where i desire to live , untill your body dies , and then our souls will meet with joy , delight , and happiness ; till then farewell . a common courtisans dying speech . kind friends , and wanton lovers , when i was in health , you came to view my beauty , to hear my voice , and to injoy my person in amorous imbraces , and all for your own pleasures and delights , but i did entertain such visitors more for the lucre of profit , than for the pleasures of love , more for your presents , than your persons ; the truth is , i was more covetous of wealth than amorously affected ; not , but that i took pleasure in seeing my beauty admired , and hearing my wit prais'd , and took delight to insnare mens affections with my attractive graces , and was proud of the power i had by nature's favour , yet that power i only imploy'd to inrich my self , that i might live bravely and luxuriously , or to hord up to maintain me when i was old. but o those covetous desires and vain delights have ruined both my body and soul , in grievous pains i live , and should despairing die , but that the gods are mercifull , and pardon penitent sinners , for if i were to live , i would not live that life i have done , not only for my souls sake , but for my bodies ; for had i thought of death , or could imagine the pains that now i feel , the pocky rotting pains that torture my weak body , i should have been less covetous of wealth , and more carefull of health , i should not have made my beauty , wit , and becoming graces and adornments to intice customers to buy sinfull pleasures ; or had i thought of the joys in heaven , i should have despised all worldly delights ; or had i fear'd the torments of hell , i should have spent my time in prayers , and not in courtships : but life is almost past with me , for death hath strucken me with his vvand so , that i cannot live to mend , but die to be forgiven , for i do truly and unfeignedly repent . farewell . a vain young ladies dying speech . dear friends , you are charitable in visiting the sick , a charity that i did seldome practise , for when i was in health , i was so taken up with vanities and worldly pleasures , as i could never spare so much time as to visit a sick friend ; neither was i charitable to the poor , as to help to relieve their wants , for i spent so much on my braveries , as i left not any thing to give unto the poor ; indeed , i did shun visiting the sick , because they put thoughts of death in my mind , which thoughts did disturb my mind , and obstruct my delights ; but if i had thought of death more , and had visited the sick oftner , i had never liv'd so idlely , nor spent my time so unprofitably , nor had been so foolishly vain , as i have been ; for i regarded nothing but beauty , fashions , dressing , dancing , feasting , courtships , and bravery , i never thought of heaven , nor read holy books of divinity , but only lying romances , and my contemplation was all of wanton love. 't is true , i went often to church , but not to pray , but to be pray'd to , not as a saint , but as a mistress , i may say as a sinner ; for i went not to church for instruction , but for destruction , more for to shew my beauty , than to reform my life , more to get vvanton lovers , than to get saving grace ; i listned not to what the preachers taught , but look'd which of the gallants eyed me . thus did i increase and multiply sins under the veil of devotion , for which i deserve great and grievous punishments ; but the gods are mercifull , and will forgive me , for now i do more hate vanities , than ever i did love them , and all my evil thoughts are banished from my mind ; indeed death hath frighted all such thoughts away , and pious thoughts do take their place , and as the gods come neer , the vvorld shrinks from me , as guilty of these sins , and millions of other sins besides : but death will stay no longer , for blessed angels bear away my soul. farewell . a fathers speech to his son on his death-bed . son , i have lived a long time , so long , that , were not you a good son , you would have wished my death , before nature had ordained me to die ; but as heaven hath blest me with long life , so with a good , loving , and dutifull son , which hath been a help and comfort to my old age ; and as heaven hath given you grace , and nature a good disposition to love and obey your father , so heaven and nature hath given you health and ability to beget posterity , in which i shall live in name and fame , though i die in body . but son , as you have been a helpfull and dutifull son , so i have been a loving and carefull father ; for i have been more prudent for my sons good , than vain for my own pleasure ; i have been more industrions to advance and inrich my son , than to please or delight my self , and i have thought my self happier in my sons life , than i have done in my own. thus , son , i have , and do love you better than my self , and all the desire and request i have to you , is , that as i have been a father to you , so you to be a father to yours , and so i pray the gods to bless you , fortune to favour you , wisdome to help you , nature to strengthen you , time to prolong you , and when your time comes to die , that we may meet in the other world with joy and happiness ; the gods have mercy of me , and bless you. farewell . funeral orations . part viii . an oration to the people concerning the death of their soveraign . dear country-men , and loyal mourners , we may see our loss by our love , and our love by our grief , and our grief by our tears ; but we have reason for our general mourning and sorrow in every heart , that our dread soveraign is taken from us . he was our earthly god , as our protector , defender , assister , subsister , ruler , and governour ; he protected us with his justice , defended us with his arms , assisted us with his prudence , subsisted us with his love , ruled us with his power , and govern'd us by his laws ; and such a prince he was , as he was dreadfull to his enemies , helpfull to his friends , and carefull of his subjects ; he hath inlarged his dominions with the sword , and inriched his people with the spoils , and hath increas'd his power both by sea and land , and so strengthned and fortified his kingdomes , as his subjects have no cause to fear any forein invasion , but may safely sit with pleasure under their own vines : and so wise and good a prince he was , that , though he be gone , yet he hath left peace and plenty amongst his people , and power , dominion , and strength to his successors , with which heaven grant they may inherit his wisdome , moral vertues , divine graces , heroick spirit , good fortunes , and great fame , that though our old soveraign is gone to the gods above , yet our new soveraign may be as a god to us here ; for which let us pray to our soveraign saint , to intercede for us to the gods on high , to indue their deputy on earth with divine influences , and humane wisdome , to govern and rule us as he did . a young noble man's funeral oration . beloved brethren , vve are met together as funeral guests to a dead man , who died in the flower of his age , and whilst he lived , was favoured of nature , birth , breeding , and fortune ; for he was handsome of body , understanding in mind , noble of birth , knowing in learning , and rich in wealth . he was generous , valiant , and courtly ; he had a pleasant speech , and a gracefull behaviour ; he was beloved of the muses , admired by the sciences , and attended by the arts ; he was entertained with the pleasures of the world , and feasted with the varieties of pleasures ; yet all could not save him from death . indeed death appears more cruel to youth than to age , because it takes youth from the most flourishing time of their life , although youth fears death less than age , not that youth hath more courage , but youth doth not think of death so often as age doth , for if youth had death in their mind , they would fear death more than age doth , by so much more as they are younger , and know the world less ; but youth thinks death a long time off from them , although to many he is so near , as ready to seize on them ; wherefore if those that are young , did think they should die soon , they would not be so eager and fond of the world as they are , nor be so vain and intemperate as many young persons be ; the brave gallants would take little pleasure in new modes , gay cloaths , and fair mistresses ; a young gallant would be but a dull courtier , a melancholy lover , not melancholy for his mistress disfavour , but at death's approach , not for love , but for life ; neither would he take pleasure in musick or dancing , for the thoughts of death would make him dance false , and put his hearing out of tune , and the musick would sound to his ears as his passing bell ; neither would he eye beauty , but if he did , the freshest beauty would appear faded ; in truth all his senses would be as rough and troubled vvaters , disturbed by the storms of fear , raised in his mind ; for the most valiant minds are somewhat disturbed with the thoughts of death , by reason the terrors of death are natural to all mankind , not so much to feel , as to think of , not only for the parting of soul and body , and the dark oblivion in death , but for the uncertain condition after death ; for though death is not sensible of life , yet life is sensible of death ; so that it is the thoughts of death that are fearfull , and not death it self that is so terrible , as being neither painfull to feel , nor dreadfull to behold , because invisible and insensible , having neither shape , sound , sent , tast , nor touch ; but this noble person is past thinking , and therefore past fearing , also past wishing ; for he doth not desire to live in this vvorld again , he thinks not of the world , or of any thing in the world , he is free from all trouble of mind or body ; in which happiness let us lay him in the tomb with his forefathers , there to rest in peace and ease . a generals funeral oration . beloved friends , this noble person that lies here dead , was once our general ; a valiant man he was , a skilfull souldier , a wise commander , and a generous giver ; he loved his souldiers more than spoil , and fame more than life , he was full of clemency and mercy , he would give his enemies their lives freely , when he had overcome them valiantly , and he was so carefull of his own souldiers lives , as he would never adventure or put them to the hazard , but when he saw great probability of victory ; yet this gallant man , this excellent souldier , whom his enemies could never overcome , death hath taken prisoner , with whom he shall have but a dark lodging , and cold entertainment . thus death is the most absolute conquerour that is , for no creature is able to resist or defend themselves from death , whose uncontroling power makes him dreadfull , even to the most valiant men , not that they fear death's dart , but death's oblivion ; for valiant men love life , and fear death more than cowards , or else they would not venture their bodies so often , were it not out of love to life , and fear of death ; yet is it not that life , which cowards are so fond of , nor that death which they are so afraid of , but 't is the life of their fame , and death of their name , that honourable and valiant men so much love and fear , insomuch , that to gain the one , and to shun the other , they will sacrifize their bodily life , and imbrace their bodily death , with more delight and pleasure , than the beautiful'st woman that ever nature made ; and they are to be commended for it ; for it is life , that the gods themselves take delight in ; for the gods are pleased to live in the minds of their creatures , and are angry if their creatures think or speak not of them , as well as to them : so all worthy men desire and indeavour to live in the minds of their own kind , and to be praised , at least spoken of ; for they desire and indeavour to live both in the thoughts and words of men , in all ages , and in all nations , and by all men , if it were possible ; it being as natural for worthy men to desire to be remembred , as for all men to desire to live , and as natural for men to desire to live , as to love themselves . but some say , it doth a man no good to be remembred when he is dead : it may be answered , that then it doth a man no good , to be remembred whilst he lives , for remembrance lives in the absent , and absence is a kind of death , but he is as evil a natured man , that cares not to be remembered by his friends , as those that never remember their friends ; also he is unnatural to his kind , and it may be said , that such men are ungratefull monsters , or monstrous unnatural : but this noble person was remembred and and spoken often of by his absent friends , and did remember , and spoke often of his friends in their absence , whilst he was living , and his worthy and valiant actions will be remembred and spoken of now he is dead , in which remembrance and vvords he may live so long as the vvorld lasts , as being the only reward , this world can give to worth and merit , as piety , moral vertue , valour and generosity , wit and learning ; for there is no other reward in this world , but remembrance and praise , which remembrance and praise all good men will give him as his due . thus will the tongues and minds of living men build him a monument of fame , wherein all his worthy acts will be kept in remembrance , though his body be dead , and buried in earth , in which let us put it with devout ceremony . a judges funeral oration . dear friends , vve are met together to see judge n. n's body laid into the grave , who in his life-time was an upright judge , for he judg'd according to truth and right , and not for fear nor favour ; he was free from covetousness , or corrupting bribes , he was both a good and a vvise judge , for he would never judge over-hastily any cause for or against , untill he had heard all sides ; neither would he retard or delay sutes over-long , but in all causes he was very attentive , and in doubtfull causes very cautious how to judge , and in all criminal causes , or on life and death , he would be very inquisitive to know the truth , for he would not judge rashly , as to judge before he had examined strictly , and had sufficient proofs and witnesses , or at least very great probabilities of the truth ; also he was neither a temerarious nor an over-bold judge , neither cruel nor foolishly pittifull ; for as he would not pardon so much nor so many , as to incourage men to offend or commit crimes , so he would not condemn so much nor so many , as to make a kind of a massacre of lives ; all which made him live with a good conscience , and die with a good courage , not fearing a condemnation , neither in this world , nor the next , but desired to be summoned to gods tribunal , there to be tried and judged of the course of his life in this world , to which divine judge we leave him , bearing his body to the grave , there to leave that , but not to leave the remembrance of him , nor the due praise his memory deserves . a sergeants or barresters funeral oration . dear friends , you see the body of sergeant n. n. lies dead , ready to be put into the grave , which shews , that he would not plead for life , or else death had no ears to hear his sute ; but if he pleads as well for himself at gods tribunal , as he did for his clients at the barr , he will get judgement on his side ; the truth is , nature as well as education made him a pleader ; for naturally he had a flowing speech , and a fluent wit , to turn , wind , and form any cause as he liked best ; for his vvit and eloquence was such , as to make a doubtfull cause seem clear , and had he not known by learning the laws so well as he did , yet his wit and eloquence would have covered his ignorance , and supplied the defect of his learning , but he was as good and learned a lawyer , as an excellent pleader , and as honest a man as either , for he took more pains to plead his clients cause , than pleasure to take from his clients fees ; neither would he prolong his clients sute to drain their purses , nor yet make his clients cause more doubtfull than it was , to make them more fearfull of the success of their sutes , than they had reason to fear , and all this to get more fees ; for fears and desires are prodigal givers , as well as promisers ; but rather he pleaded gratis for his poor clients , wherein he shew'd more charity to the poor , than covetousness to the rich. thus he was a good and generous lawyer , a vvitty , ingenious , eloquent pleader ; the truth is , he did not only take pains for his clients , but pleasure in his own wit , for he had more delight , than profit by his pleading , and yet he did not take so much pleasure in his own wit and eloquency , as others did which heard him , insomuch , as more went to hear him plead , than those that had causes to be pleaded ; he reproached not any man , nor used railing speeches , or violent actions in his pleading , as many , nay most pleaders do , but his behaviour was civil , his wit sweet , and his speech gentle ; for though his wit was quick , ready , and free , yet it was neither salt , sour , nor bitter ; and though his speech was flowing , yet it was not rough , for it ran in a smooth though full stream ; and his behaviour or demeanour was so gracefull and becoming , as the one delighted the eyes of the beholders , as much as the other the ears of the hearers ; but though his body be dead , yet his wit , eloquency , elegancy , honesty , and abilities , are living in the memory of living men , which will live by tradition as long as there are men to remember or speak : wherefore let us keep his living parts in our minds , and bury his dead parts , as his body , in the grave , there to remain in peace , as the other in fame . a magistrates funeral oration . beloved brethren , vve are met here together to mourn for our loss ; for the death of this man is not only a loss to every particular man , but to the whole common-wealth ; for he was a wise man , and an upright and just magistrate , he did not serve the common-wealth to inrich himself , as most magistrates do , but took pains to inrich the common-wealth ; nor did he sell justice for bribes , but punished bribe-takers ; neither was he partial , either to the rich or poor , but judged according to right and truth , at least to great probability : also he kept the rich from riot , and the poor from idleness , and he took away superfluities to help necessities , not that he troubled any man for living to their degree and quality , but he would not suffer any man to live above their degree and quality ; neither would he hinder men from their lawfull pleasures and delights , but he would not connive at their disorders and misrules , neither would he pardon their wickednesses : he regarded not the slanders of his enemies , nor was he revengefull , for he suffer'd not his enemies to be injured , but gave them all the justice he could ; neither was he unjust to his foes , nor ungrateful to his friends , he had a tender regard to the old , sick , poor , and shiftless ; indeed he was such a magistrate , as he was a father , a husband , a brother , a friend , a master , a servant , a slave for the common-wealth , all which adds to our loss and grief , but not to his happiness ; for his happiness admits of no addition , he being as happy as can be , in which happiness let us leave him , after we have interr'd him with his forefathers . a funeral oration of a student . fellow students , vve are met together to vvait upon the dead body of our vvorthy brother in learning , to be laid in peace into the bed of earth , whose life was so studious , as we may say , he was partly dead , whilst he lived , for the most of his conversation was with dead authors , and his study was as his grave , so that our learned brother hath only changed his habitation and lanlord , as from his study to the earth , from his bodily life to death ; i confess , his lanlord , death , is covetous , for death exacts or extorts the flesh from the bones as his due , yet the body is more happy , dwelling more peaceably with death , than with life ; and as his body hath made a happy change , so hath his soul , but his soul dwells not now with his body , for the soul is an fnemy to death , and flies from it , neither can the soul live in the body , when as the body is turned into insipid earth , for the soul being of a celestial nature , cannot live in a terrestrial place , but when separated , being pure in it self , it is light , and being free , as having liberty , it is agil , through which propriety it ascends unto the gods on high , and lives with them eternally . thus our learned brothers body resting peaceably , and his soul living blessedly , both shall meet gloriously , and so let 's lay his corps into the grave humbly , ceremoniously , and piously . a funeral oration of a divine . beloved brethren , this our dead brother was an holy man , both in profession , and life ; as for his profession , he was a divine , and his practice was as pious as his profession was pure ; he was bless'd of the gods , for they indued him with spiritual graces , inspired him with spiritual knowledge , and inabled him with spiritual eloquence , to inform , reform , and perform the church of god , according to the word of god , amongst men ; but though his time of life is expir'd , yet his true doctrine will remain for the satisfaction , comfort , and salvation of the souls in living bodies . wherefore , let us lay his body into the grave , and leave it to the time of glorification . a funeral oration of a poet. beloved brethren , our brother , whose body is dead , and is brought to this place to be inurned , was the most fearfull man that ever nature made , not to die , but to be forgotten ; also he was the most ambitious man , not for wealth , title , or power , but for fame ; in truth , he was so ambitious , as his body and mind was restless , indeavouring to live , like as nature , or the gods of nature , which live , and are partly known in their vvorks , and by their works , which are their creatures , especially the chief of their creatures , which are mankind ; for we cannot perceive , but that the chief habitations of the gods are in the minds of men , with which habitations they are so pleased and delighted , as they punish those men that neglect or forget them ; nay , the gods made men , or such kind of creatures , to remember them , as to speak of them , think of them , and to admire them in their praises , contemplations , and adorations ; also to have visible vvorship to their invisible deities , as to have altars , priests , and sacrifices , to offer praise , prayers , and thanksgiving : so that the gods are not satisfied to live only to or in themselves , but in their creatures ; vvherefore , those men resemble the gods most , that desire fame , which fame is to be remembred and prais'd by all men in all ages throughout the vvorld ; whereas on the contrary , those that slight , neglect , or speak against fame , as being a foolish vain-glory , in that it doth a man no good , to be remembered and praised after the bodily life , are irreligious , ungratefull , and unnatural : irreligious , not desirous to imitate the gods ; ungratefull , not divulging . natures gifts ; and unnatural , caring not for the memory of their own kind , as not caring to live with them , which is to live in their minds : also they are unjust to themselves , not desiring their own good , as their perpetual name , memory , and fame . but this our brother was not of that sort of mankind , as to be contented to be buried in a terrestrial oblivion , but would have a celestial remembrance , which the gods perpetuate for a reward to his merit . so let us lay his body in the grave , and let his praise ring out his peal . a funeral oration of a philosopher . beloved brethren , this our dead brother , when he had bodily life , he was a close student , and had a great library , wherein were more vvorks than he had time to learn , and they were of more several languages , than he was capable to understand ; but he indeavoured , and was advanced far in knowledge ; his study was natural and moral philosophy , his library the universe , and his several books the several creatures therein . as for moral philosophy , he knew well how to compose common-wealths , and to settle and govern them ; also he knew well the natures , humours , passions , and appetites amongst mankind , as also to divide and distinguish them , and to order , form , and reform them . as for natural philosophy , he did not only study the outward forms of several creatures , but their inward natures . in truth , his conception was so subtil and peircing , his observation so dilative , his reason so strong , his wit so agil , his judgement so solid , his understanding so clear , and his thoughts so industrious , as they went to the first cause of several effects , and he did not only converse with the body , but the soul of nature , indeed he was nature's platonick lover , and she rewarded him in discovering to him her most hidden and obscure secrets , by which he begot great wisdome and everlasting fame ; for though his body be dead , yet his good laws , vvise sciences , profitable arts , vvitty experiences , graces , vertues , and eloquence , will live for the benefit and delight of living men , in all nations and ages ; and though we have great reason to mourn for his bodily death , yet we have more reason to rejoyce for his glorious fame ; but leaving his merits to life , and his body to death , let us lay him into the grave , to transmigrate as nature pleases . a funeral oration of a dead lady , spoken by a living lady . dearly beloved sisters in god , vve are met as sorrowfull mourners , to attend this dead ladies corps to the grave ; she was in her life the rule of our actions , and will be in her fame the honour of our sex ; she was favoured of nature , the gods , and fortune ; nature gave her wit and beauty , the gods gave her piety and charity , and fortune gave her wealth and education ; she was adorned by the graces , beloved by the muses , and attended by the arts ; she was sociable in her conversation , just in her promises , and generous in her gifts ; she was industrious in all good actions , helpfull to all distress'd persons , and gratefull for all sorts of courtisies ; she was humble in her own prosperities , and full of magnanimity in her own adversities ; her mind had no passage for any evil , nor no obstruction against any good ; but to repeat or summ up the number of this ladies merits , is beyond my rhetorick or arithmetick ; for certainly she was composed of the purest effence of nature , and the divinest spirits of heaven ; she had the piety of saints , the chastity of angels , and the love of the gods , in which love let us leave her soul , and lay her body in the grave , till the time of glorification . a foreiners or strangers funeral oration . beloved brethren , you shew your charity and humanity , and that they are not bound up to particulars , or to your friends , and country-men , but that they extend to strangers , in coming to see this stranger , who died out of his native country , decently to be buried in a forein land , i mean forein , as from his native country , although the truth is , that all the world is common to mankind , for nature hath not assigned men to any particular place , or part of the world , but hath given all the world freely to them , as if she made the world and all other creatures only for man's sake ; for all other creatures are not so generally disperst , or rather so spreading and branching throughout the world as mankind is , by reason they belong , breed , prosper or increase in particular climates , as some in cold , and others in hot , and some in one part of the world , and some in another , for some creatures will be so farr from increasing in some particular climates , as they cannot live in them , but in all parts of the world that are habitable , there be men. 't is true , different climates may cause men to be of different complexions , but what complexions soever they have , they are all of the same kind as mankind , and of the same sort of animals ; for though all beasts are of beast-kind , yet a fox and an ass is not one and the same sort or kind of beast ; but there is no such different sort amongst mankind , for there is no difference of men in their natural shapes , proprieties , qualities , abilities , capacities , entities , or the like , unless some defects to some particulars , which is nothing to the generality , for all the kind of mandkind is all alike both in body and mind , as in their shapes , senses , appetites , speech , frowning , laughing , weeping , and the like , as also alike in their rational parts , as judging , understanding , conceiving , remembring , apprehending , considering , imagining , desiring , joying , grieving , loving , hating , fearing , doubting , hoping , believing , and the like ; and therefore , since not any man can be accounted as a stranger in any part of the world , because he hath by nature a right as a natural inheritance , to inhabit what part or place of the world he will ; but all mankind are as brethren , not only by kind , but by inheritance , as being general sharers and possessors of the world , so this dead man ought not to be accounted as a stranger , but a brother ; vvherefore let us mourn as we ought to do for a dead brother , and accompany his hearse to the grave with religious ceremony , there leaving it in rest and peace . a post-riders funeral oration . beloved brethren , you have exprest your humanity and charity in coming to this poor , unfortunate man's burial , which though he was a poor man , yet he was an honest man , and therefore is much the more worthy to be praised ; for poverty and necessity is a great temptation to knavery , as much as riches is a temptation to foolery , which is vanity , nay , riches is not only guilty of vanity , but vice , as luxnry , pride , and wantonness , whereas knavery is cheating , coosening , stealing , and the like , of all which this poor man was free ; and as he was an honest man , so he was a laborious man , for his profession of life was a post-rider , an unfortunate profession for him , for he riding fast upon a stumbling jade , fell down and broke his neck . thus we see that misfortunes as well as sicknesses bring many to their lives ends , and many times to a miserable end , for misfortunes take life away unawares , and sometimes unprepar'd to dye ; so this man did not think , when he got on the horses back , he should ride post to death , for had he thought so , he would have chosen to run a-foot , a safer , though a slower pace : but could his soul ride post on death to heaven , as his body rid post on a horse to death , he might out-strip many a soul that is gone before him ; for though his soul , as all souls are light , and of no weight , yet death is no nimble runner , being cold and numb , and nothing but bare bones , a hard seat for a tender soul : besides , the way to heaven is so narrow and steep , as death cannot get up , for should he venture , his soul would be in danger to be overthrown , and cast into hell , which is a deep , dark , terrible , and dreadfull pit , wherein is no hope of getting out : the truth is , death carries many evil souls down into hell , but good souls he leaves at the bottom of the hill , that leads up to heaven , from which those souls climb and clamber up with great difficulty ; for whatsoever is excellent , is hard to get or come to , whereas that which is bad , is easie to be had. but howsoever , this poor man is dead , and we shall see him buried , leaving his soul in its journey , and his body in the grave . a young virgins funeral oration . beloved brethren , and sisters in god , vve here meet , not only as funeral mourners , but as marriage guests , to attend and wait upon a young virgin , to see her laid into her nuptial-bed , which is the grave ; 't is true , her husband , death , is a cold bed-fellow , but yet he makes a good husband , for he will never cross , oppose , nor anger her , nor give her cause of grief or sorrow , neither in his rude behaviour , inconstant appetite , nor lewd life , which , had she married any other husband , might have made very unhappy , whereas now she will know no sorrow ; for there is no whoring , gaming , drinking , quarrelling , nor prodigal spending in the grave , for death banishes all riot and disorder out of his habitations ; there is no noise nor disturbance in his palace ; indeed death's palace is a place of peace , rest , quiet , and silence , and therefore all are happy that dwell there , for there is no envy , malice , slander , nor treachery ; there men are not tempted with beauty , nor women flattered into wantonness , they are free from all tentation or defamation , neither are they troubled or tormented with pain or sickness , for death hath a remedy for all diseases , which is insensibility ; the truth is , death is not only charitable to help all creatures out of misery , but generous , as to be so hopitable , that he sets open his gates for all comers , insomuch , as the meanest creatures that are , have a free entrance , and the same entertainment with the noblest , for there are no ceremonies of state , all is in common ; there is no pride , nor ambition , no scorn , nor disgrace ; and death's palace is so spacious , as it is beyond all measure or circumference , being sufficient to receive all the creatures nature makes ; and since there is such store of company in death , and death so generous and hospitable , why should we fear , or be loath to dye ? nay , why should not we desire to dye , and rejoyce for those friends that are dead , especially considering the unhappiness of life , wherein man is most miserable , because he is most sensible and apprehensive of what he suffers , or what he may suffer ? but this young virgin is happier by death than many others are , because she hath not liv'd so long to suffer so much as those , that are older , have done , or as those that live to be old , will do . wherefore , let us rejoyce for her happiness , and put her into the grave , the bed of rest , there to sleep quietly . a young new-married wif's funeral oration . beloved brethren , vve are met together at this time , to see a new-married wife , which is here dead , to be buried ; she hath made an unequal change from a lively hot husband , to a deadly cold lover , yet will she be more happy with her dull , dumb , deaf , blind , numb lover , than with her lively , talking , listning , eying , active husband , were he the best husband that could be ; for death is far the happier condition than marriage ; and although marriage at first is pleasing , yet after a time it is displeasing , like meat which is sweet in the mouth , but proves bitter in the stomack ; indeed , the stomack of marriage is full of evil humours , as choler , and melancholy ; and of very evil disgestion , for it cannot disgest neglects , disrespects , absence , dissembling , adultery , jealousie , vain expences , waste , spoil , idle time , laziness , examinations , cross answers , peevishness , frowardness , frowns , and many the like meats , that marriage feeds on : as for pains , sicknesses , cares , fears , and other troubles in marriage , they are accounted as wholesome physick , which the gods give them ; for the gods are the best physicians , and death is a very good surgeon , curing his patients without pain , for what part soever he touches is insensible . death is only cruel in parting friends from each other , for though they are happy , whom he takes away , yet those that are left behind , are unhappy , living in sorrow for their loss ; so that this young new-married wife , that is dead , is happy , but her husband is a sorrowfull widdower ; but leaving her to her happiness , and him to be comforted , let us put her into the grave , there to remain untill the day of judgement , which day will imbody her soul with everlasting glory . a widdows funeral oration . beloved brethren , this widdow , at whose funeral we are met , lived a very intemperate and irregular life all the time of her widdow-hood , for which not only nature , but the gods might be angry with her ; for though she did not surfeit with feasting , yet she starved her self with fasting , and though she did not drink her self drunken , as many women in this age will do , yet she did weep her self dry ; she grew not fat and lasie with overmuch sleeping , but became lean and sick with overmuch watching ; she vvatch'd not to dance and play , but to mourn and pray , nor did she waste her wealth in vanities , but she did waste her life in sorrow ; she sate not on the knees of amorous lovers , but kneeled on her knees to god ; her cheeks were not red with paint , but pale with grief ; she did not wear black patches on her face , but black mourning on her body ; she was adorned with no other jewels than her tears ; she had no diamond pendents in her ears , but transparent tears in her eyes , no oriental pearls about her neck , but drops of tears lay on her breast ; thus was she drest in tears . she suffered not painters to draw the picture of her face , but her thoughts did form her husbands figure in her mind ; she hung not her chamber with black , but her mind with melancholy ; she banished all stately ceremonies , and ceremonies of state , and set her self humbly on the ground ; she past not her time with entertaining visitors , but entertain'd her self with the remembrance of her husband ; she did not speak much , but think much . in short , she was so intemperate in her grief , as her grief kill'd her , it may be said she was murdered with grief , and no kind or manner of murder is acceptable either to nature or the gods , but some sorts of murders are hatefull to both . yet this widdow , howsoever she offended in her over-much grieving , she had pardon for her praying , and to prove the gods did pardon her , they granted her request , which was , to take her out of this world without painfull sickness , and so they did ; for she was so free from pains , as she parted with life with a smiling countenance , and lay as still as if she lay to sleep , she breathed out her last breath so softly , as those that stood close by her bed , could not hear her sigh , and when she was dead , her beauty , that all the time of her mourning was obscured in her sorrows , appear'd in her death , only the gloss of her eyes were covered with their lids , for death had shut her eye-lids down , and seald up her lips , which lips seem'd , as if they had been seal'd with red coloured wax , although death had kist them cold ; for now death is her lover , not an amorous , but a deadly lover , to whose imbraces we must leave her body , after we have laid it in the bed of earth . an other widdow's funeral oration . beloved brethren , vve are met as funeral or rather marriage guests of a dead widdow , who is now re-married to her husband in death , and no question , but their souls will joy in the knowledge of each other ; for though bodies dye , yet souls do not , but live for ever , death having power only over the sensitive , not over the rational life ; for knowledge lives , though senses dye ; and if the soul lives , no question , but all that is inherent in the soul lives , as all the passions , affections , thoughts , memory , understanding , judgement , conceptions , speculations , fancy , knowledge , and the like , which are the parts and ingrediences with which the soul is composed , form'd , and made ; thus the soul being made of such thin , fine , pure , and rare matter , death can take no hold of it , for death's power is only on gross corporeal substances or matter , not on celestial bodies , but terrestrial ; but this widdows soul was purer than other souls usually are , ( for there are degrees of purity in souls , as well as degrees of grossness in bodies . ) the truth might easily be perceived in her life , for there was as much difference between her soul and other souls , as between souls and bodies , at least as much difference as between a glorified soul , and a soul imbodied ; nay , her soul was so pure , as it did purifie her body , for it did resine the appetites , which cleared the senses ; besides , her soul did instruct the senses , which made them more sensible , so that they were kept clean , clear , and healthfull by temperance , and made apt , quick , and ready by reason , insomuch , as time had but a little power to hurt them , and was not able to destroy them without the help of death , had she lived long , but death to shew his power , destroyed her body without the help of time , for she lived not to be so old as for time to make a trial ; yet her body lived longer than she was willing it should have done , desiring it might have died when her husband died , but the gods forbad it ; for though any creature , especially man , may call death when he will , and force him to take his bodily life away , yet the gods are angry , if any man will not stay whilst death comes of himself without inforcement . nevertheless , death did favour this widdow ; for though he did not take her so soon as she would have died , yet he suffered her not long to live a weary life , for which favour she received death with joy , and a smiling countenance , whereas death for the most part is received with fear and sadness ; and since she rejoyced at her death , we have no reason to mourn now she is dead , especially in that she lived and died vertuously , and piously , for which the gods will advance her to everlasting glory ; for this glory let us praise the gods , and bury her body in her husbands tomb or grave , that their dust or ashes may lye together . a young child's funeral oration . beloved brethren , vve are the funeral guests to a young male child , an infant , who died soon after it was born , and though all men are born to live , and live to dye , yet this child was born to dye , before it had lived , i mean in comparison of the age of men ; thus this child was born , cried , and died , a happy conclusion for the child , that he had finished what he was made for , in so short a time , for he could not have had less pain , less trouble , nor less desires , to have left the world , had he liv'd longer , for life is restless with desires , sickly and painfull with diseases , troublesome with cares , laborious with labour , grievous with losses , fearfull with dangers , and miserable in all ; which misery this child hath escap'd , but had he lived , he could not have avoided it : besides , he is not guilty of self-acting sins , and so deserves no punishment , for neither commission nor omission can be laid to his charge , having no time for either , so that he is free from both , as also from suffering , either in this world , or the next , unless there be such a severe decree , as the child shall suffer for his parents faults , which faults he could neither hinder nor annul , neither did he approve , nor allow them , nor assist them in evil ; but it is not probable , he shall suffer , being innocent ; and death , that is accounted the wages of sin , may rather be taken as a gift of mercy ; also death might be said to be a purifier from sin , as well as a punisher of sin ; wherefore , this child is past the purgatory of death , and is in the heaven of peace , rest , ease , and happiness , in which let us leave him , after we have covered his corps with earth . an old ladies funeral oration . this old lady was favour'd by nature , fortune , and time , nature in her youth gave her beauty , fortune gave her wealth , and time and nature gave her long life ; she was courted in her youth for the pleasures of her beauty , and flattered in her age for the profit of her wealth , but being chast and wise , she was neither corrupted with the one , nor deluded with the other , not tempted with courtship , nor coosen'd with flattery ; and as she was chast and wise , so she was pious , for the gods gave her grace , to bestow her wealth to charitable uses ; thus what she got by fortune , she gave to heaven , indeed she bought heaven with fortune's gifts , for none can get into heaven but by faith and good deeds , and her faith did believe , that her good vvorks would be as an advocate to plead for her , and no question , but they have gotten her sute , and her charity will live here on earth , though she be dead , and those she relieved will make her their saint ; thus she will be sainted both on earth and in heaven , which is as great an honour , and a more blessed condition , than the emperours had with all their conquefts , power , pride , and vanity , for the height of their ambition was to be deified on earth , and to be sainted in as much ; they were worshipp'd for fear , she pray'd to for love ; they had idolatrous worshippers , she sanctified petitioners ; their idols lasted but a time , she shall be blest for evermore . an ancient man's funeral oration . beloved brethren , age hath ushered our friend to death , and we are here met to attend him to the grave ; it is an human , charitable , and pious service , to see the dead laid decently and ceremoniously into the earth , and it is an happiness for the dead , to be inurned with their fore-fathers ; for who knows to the contrary , but that there may be a natural sympathetical intermixing with their dust , and an earthly pleasure in their mixture ? for certainly there is a mutual society in the earth , as well as on the earth , and why may not the earth have a sympathetical intermixing and conjunction as well as the other elements ? i perceive no reason against it ; but whether there be an incorporating , associating , and friendship , as dust with dust , i know not , surely there is a peaceable abiding , having not a sensible feeling or knowledge , whereas life , wherein sense and knowledge dwells , is restless , full of troubles , misfortunes , pains , and sicknesses to the body , and perturbations in the mind , so that the body is seldome at ease , or the mind at quiet ; but life hath tried the patience , and death the courage of our friend , for he was neither impatient with life , nor fearfull of death , he had such great experience living so long , as to know , there is neither constancy , certainty , nor felicity , amongst or with the creatures in this world , and time had made him so wise a man , as he knew by himself , that there was no man perfect , nor truly happy , for happiness and imperfection cannot associate together : yet by his wisdome , he did inform , reform , rule and govern himself as well , as nature and the vvorld would give way or leave to ; for he would never command any , but those that were willing to obey , and he did obey those , he could not command , he would never make a fruitless opposition , but was free from faction and sedition , ambition and covetousness , for he knew , there is not any vvorldly thing worth an over-earnest desire , nor any thing so permanent , as could be kept long ; he would temperately make use of what he had , and what he vvanted for his use , he did honestly indeavour for it , and what he could not have easily and freely , he was content to be without ; moreover , he was so moderate in his desires , as he did scarcely desire what was necessary , and oftentimes he would part from his own maintenance to relieve the distresses of others , believing he could suffer want more patiently ; indeed he had such a power and command of himself , as the appetites of his body , and passions of his mind , were as obedient to his will , as saints on earth , or angels in heaven are to the gods ; and this vvise government of himself , made him fit for the company of the gods , with whom we leave his soul , and will interr his body as we ought . an old begger-womans funeral oration . beloved brethren , this vvoman , that is here to be buried , was old when she died , very old , and as poor as old , and though she was old , yet she had longer acquaintance with her poverty than age , being alwayes poor from her youth , indeed so poor , as she was forced to beg for her livelihood : thus she was a double begger ; but now she is gone to beg at heavens gate , both for food and raiment , where , if heavens porter lets her in , she will be fed with beatifical food , and cloth'd with celestial glory , a great and good change , for here she was fed with nothing but scraps , and cloth'd with raggs , and much ado to get them , not without long stay and earnest intreaties ; so hard are men's hearts and cold are men's charities ; the truth is , men in prosperity feel not the misery of adversity , and being not sensible of their want , are not ready in their relief : besides , they think all that is given from their vanities and luxuries ' is a prodigal waste , and it is to be observ'd , that those that are richest , are the most uncharitable , whereas those that have but little , yet will give to those that have nothing to live on , feeling in some sort what want is ; and to shew the hard hearts of mankind to their own kind , this woman , although she had begg'd almost fourscore years , yet she got so little , as she had nothing to leave , not so much as to bury her . but as she lived on cold charity , so now she lies with cold death , a cold condition , both alive and dead ; the first cold she felt to her grief , this last cold she is insensible of to her happiness , in which happiness we will leave her , and put her into the grave of peace . a young brides funeral oration . beloved brethren , this young virgin , that lies here dead , ready to be buried , this very day had she lived , she had been married , for so her lover and she had design'd , at which designed time she little thought death should have been her bridegroom , and that her vvinding sheet should be her wedding smock , and her grave her bride-bed , there to lye with death , but doubtless death was as far from her thoughts , as her lover neer to her heart : for had she believ'd she should have died so soon , or but fear'd it , she would not have made such preparations , as usually young maids do for their wedding daies ; indeed young maids have reason enough to esteem much of that day , for it is the only happy day of their life , it is a day which is wholly consecrated to love , joy , pleasure , bravery , feasting , dancing , mirth and musick , on that day their hearts are merry , and their heels are light , but after their bridal shoos are off , their dancing daies are done , i mean they are done in respect of happiness ; for though married wives keep more company , and dance and feast oftner than maids , having more liberty , yet they are not so merry at the heart , nor have they so lively countenances , nor are so galliard after they have been married some time , as they were before they were married , or as they were on their vvedding day , for their mirth is forced , and their actions more constrain'd , though not so much restrain'd ; whereas maids and brides , their very thoughts as well as their persons dance , sport , and play in their minds : but this young virgin , and dead bride , can neither dance nor be merry , neither hath she cause to weep or be sad , nor she hath no amorous thoughts towards her bridegroom , she takes no notice of him , his kind imbraces do not make her blush , neither doth she hate or fear him ; she grieves not for the change , nor thinks she of her living lover , that should have been her living husband , but is now her living mourner , whose tears like raining showers have all bedewed her hearse ; and though she was not led with bride-maids to the church , yet she is brought by virgins to the grave , her hearse is crown'd , though not her head , and covered with white satin , like as a marriage gown , and all her tomb is strew'd with flowers sweet , like to a bridal-bed , in which tomb let us lay her , and then sing anthems instead of epithalamiums , and so leave her to her rest. a child-bed womans funeral oration . beloved brethren , vve are met together to see a young dead woman , who died in child-bed , to be laid into the bed of earth , a cold bed , but yet she will not take any harm there , nor we shall not fear she will catch her death , for death hath catch'd her ; the truth is , that although all women are tender creatures , yet they indure more than men , and do oftner venture and indanger their lives than men , and their lives are more profitable than men's lives are , for they increase life , when men for the most part destroy life , as witness warrs , wherein thousands of lives are destroyed , men fighting and killing each other , and yet men think all women meer cowards , although they do not only venture and indanger their lives more than they do , but indure greater pains with greater patience than men usually do : nay , women do not only indure the extremity of pain in child-birth , but in breeding , the child being for the most part sick , and seldome at ease ; indeed , nature seems both unjust and cruel to her femal creatures , especially women , making them to indure all the pain and sickness in breeding and bringing forth of their young children , and the males to bear no part of their pain or danger ; the truth is , nature hath made her male creatures , especially mankind , only for pleasure , and her female creatures for misery ; men are made for liberty , and women for slavery , and not only slaves to sickness , pains , and troubles , in breeding , bearing , and bringing up their children , but they are slaves to men's humours , nay , to their vices and wickednesses , so that they are more inslaved than any other female creatures , for other female creatures are not so inslaved as they ; wherefore , those women are most happy that never marry , or dye whilst they be young , so that this young vvoman that died in child-bed is happy , in that she lives not to indure more pain or slavery , in which happiness let us leave her , after we have laid her corps to rest in the grave . a souldiers funeral oration . beloved brethren , this dead man , whom you attend to the grave , was , whilst he lived , a valiant , gallant man , and an excellent souldier , for that was his profession in times of vvarr , a noble profession , for all valiant souldiers are honour's sons , death's friends , and life's enemies , for a souldiers profession is to destroy lives to get honour and fame , by which destruction death is a gainer ; in truth , death is a souldiers companion , camerade , and familiar acquaintance , but not a souldiers friend , though souldiers be death's friends ; he is no stranger to souldiers , for they see him in all shapes , postures , and humours ; yet the most terrible aspects of death could not affright nor terrifie this souldier , nor cause him to remove an inch back , for he would venture to the very jaws of death . thus bold , adventurous souldiers do more affright death , than death doth affright them , insomuch that death for the most part runs away from valiant men , and seizes on cowards , and daring not assault valiant men in the fore-front , he steals upon them as it were unawares , for he comes behind valiant men , when he takes hold of them , or else he seizes on them by treachery , or weakens their bodies so much by sickness , as they are forced to yield ; indeed there was no other way for death to take this valiant souldier but by sickness , for he could never take him in the field ; but death is of the nature of ungratefull men , who indeavour to do those most . mischief , that have been most bountifull to them , and are ready to take the lives of those they were most obliged to ; for valiant men give death thousands of lives to feed on , yet he is like some gluttons , the more they eat , the leaner they are , nay , death is so lean , as to be only bare bones , and by his empty scul he may be thought a fool , having no brains , though he be rather a knave than a fool , for the deceives or robbs nature and time of many lives , taking them away before nature and time had ordain'd them to dye ; but leaving death to ingratitude , cheats , and robberies , we must also leave him this dead souldiers body for to feed upon , for all heroick men are death's most nourishing food , they make him strong and lusty ; and since there is no remedy , let us place this dead heros on deaths table , which is to put him into the grave , and there leave him . an oration concerning the joys of heaven , and torments of hell. beloved brethren , you have heard of heaven and hell , gods and devils , damnation and salvation , and that you shall have a fulness of bliss in heaven , and be everlastingly tormented in hell ; also you have heard hell and heaven described to you , as that heaven is composed and built all of pretious stones , and rich metall , as gold , diamonds , rubies , pearls , saphyrs , and the like ; as also what degrees and powers there be ; and for hell , it is described , to be dark as night , and yet great elemental fires , in which the damned shall be tormented , the like for other torments , that devils use as their rods and scourges to punish the damned ; also that the devils do curse , and the blessed sing and rejoyce ; moreover , you have heard by your teacher , and seen painted in pictures , both the shapes of devils and angels , the angels with wings , and the devils with horns and cloven feet , like beasts ; all which may be true , for any thing we sensibly know to the contrary , and yet perchance all these relations may be false , as the relation of the situation of heaven and hell , and the architecture of either , or the shapes of devils or angels , or the manner and wayes of their pleasures and delights , and their pains and torments ; all which may not be so , as they are usually described to us , but made by men's fancies , for no mortal man is come either from heaven or hell , to tell us punctually of every particular truth . yet a heaven and hell , good and bad angels , pains and torments , joys and pleasures there are , for both reason and faith informs us , also god himself tells us in his holy writs , and by his inspired priests and prophets , that there is reward for the good in heaven , and punishment for the bad in hell ; but if we will give our imaginations leave to work upon that we cannot know , whilst we live here in this world , let us imagine what is most probable ; and first for the situation of heaven and hell , or the architecture of either , or the shapes of devils or angels , it is beyond my imagination ; yet some imagination may beget a belief , at least some probability of the joys in heaven , and the torments in hell ; wherefore , i 'le begin with the glorified bodies in heaven , which bodies in their glorified condition shall have their senses more perfect , and their appetites more quick , the body being purified into a celestial purity , than when their bodies were clogg'd with a terrestrial grossness , which made their senses weak , and their appetites dull ; these glorified bodies shall have their senses fill'd , and their appetites satisfied in a spiritual manner , as thus : the sight shall have the most beautifull , splendorous , pleasant , and glorious objects , not that those objects are corporally without them , but only in their sight ; and such varieties of such sights , as they shall see each sight fully to admire them , but not to tire them , and being satisfied , they shall have new , and with every new sight a new admiration , and after every admiration a new sight : the like for the sense of hearing , which shall be fill'd sometimes with eloquent language , witty expressions , and fancy , exprest both in verse and prose , sometimes rational discourses , wise sentences , oratory speeches , and learned arguments , also harmonious musick , melodious voices , and pleasing vocal sounds , with such variety and delight , as art nor nature never knew ; yet nothing shall come from without to the ear , or be conveyed into it , but be within it : and as for the sense of sent , such sweet perfumes , and ravishing sweets shall it smell , as every sent shall breed a new desire , and every desire a new sent , and have in all a satisfaction ; yet nothing of these various sweets , or sweet perfumes , shall enter from without into the nostrils , but be within them : and as for taste , delitiously and with gusto shall it feed and satisfie the stomack , not with food , but taste , for taste shall be the food , and every appetite shall bring a new taste , and every taste a new appetite , and every appetite shall be satisfied , yet in the mouth shall not any meat be : the like for touch , which is a kind of taste , there shall be a feeling pleasure , where every touch shall be a new pleasure , and every pleasure shall bring a new touch , there shall touch feel a comfortable heat from a freezing cold , and a refreshing cold , upon great sultry heats , and yet no fire nor frost shall touch their bodies ; there shall it feel a scratching pleasure , to take off itching pain , yet nothing hurt the body ; there shall it feel a soft and downy touch , as from a hard rough pain , yet nothing press the body , and all the body shall feel such ease , as if it came from hard labour , and such rest , as from a tedious travelling , and infinite of other pleasurable and delightfull touches , as are not to be exprest . thus every sense shall be satisfied in a spiritual way , without a gross corporeal substance , and the blessed souls of these glorified bodies , and spiritual satisfactions of glorified senses and appetites , shall be fill'd with all perfection , as a clear understanding , a perfect knowledge , a pure wit , a sound judgment , and a free will , and all the passions regulated and govern'd , as they ought to be , into love and hate , as hate to the wicked and damned , and love to the bless'd and glorified ; and such delights shall they have not only in the pleasures of their glorified bodies , but in themselves , such as god himself injoys ; thus shall souls and bodies be bless'd and glorified in heaven . and after the same manner and way , as blessed souls and bodies have delight and pleasure , and fulness of joy in heaven , so shall the souls and bodies of the damned have terrour and torments , and fulness of horrour in hell ; for as the senses and appetitces have variety and satisfation of pleasures in heaven , so shall the senses and appetites have variety of terrour , dread , and horrour , and be surfeited with aversion , loathing and reluctancy , and fill'd with misery and evil : as for the sense of touch in damned bodies , it is not probable they are burnt with elemental fire , as many think , but their sense of touch hath such a burning feeling , as is so far beyond the elemental burning , as that burning is a pleasure to it , and such excessive variety of pains , it is probable they have , as art could never invent , nor nature make , nor sense feel in this world , nor thought of man imagine : and for the sense of sent , it is not probable there is the smell of brimstone and sulphur , for that may be indured without a great dislike , but it is probable and to be believed , that their sense of sent smells varieties of filthy stinks , yet not from without them , as of the devils making , but within themselves : and as for their sense of hearing , it is not probable , that the devils do vocally roar or verbally curse , but that the damned have in the sense of hearing , infinite , confused , fearfull , and dreadfull noises , reproaching , exclaming , and cursing words and speeches : and as for the sense of sight , it is not so much the devils ugly and monstrous shapes , which they see , but their sense of sight is fill'd with infinite varieties of ugly , deformed , monstrous , and terrible sights . thus it is probable the damned are tormented . also 't is probable , that both the damned and blessed are fixt to their places ; for the blessed having fulness of joy and a fruition of desire , have no occasion or desire to vvander from place to place , for it is restless desire , and unsatisfied appetite , that moves and removes , seeking for that they would have , and cannot get , or for something , they know not vvhat , for which the damned may desire to remove ; but as the bless'd saints are fixt with a fulness of joy and admiration , not caring to remove therefrom , so the damned are so strucken with fear and terrour , as they dare not remove , if they could ; and as the satisfaction , variety , pleasure , delight and joy of the blessed , begins and continueth without end , so the variety of aversion , terrour , and torments , begins and continues for ever ; but the most probable opinion is , that the fulness of joy is the love of god , and the fulness of pleasure the glory of god , and the horrour and torments of the damned is the want of that love and glory . an oration to a congregation . dearly beloved brethren , man hath not only vain or erroneous imaginations or opinions , but beliefs , being without ground or foundation , which is without sense and reason ; for what sense and reason hath man to imagine or believe , that heaven , which is celestial , should be composed of terrestrial materials , as of pure gold , crystal , and pretious stones , and not rather believe it to be only the beatifical vision of god ? and what sense and reason hath man to believe that hell is hell , for want of the presence of god , whereas the omnipotent god must necessarily be all fulfilling ? and is it not a strange contradicting opinion or belief , that hell is dark , and yet that in hell is elemental fire and terrestrial brimstone ? and what sense and reason hath man to believe , that celestial bodies have terrestrial shapes , whereas we may easily perceive , that all outward shapes , forms or figures , are according to the degrees of the purity or grossness of the substance or matter they are composed of ? wherefore , man hath not any reason to believe , that angels , which are celestial substances , can have terrestrial shapes ; and what reason hath man to believe , that angels in heaven have the shapes of men on earth ; but if they should believe they have terrestrial shapes , why should they believe them to have mens shapes , and not the shapes of other creatures ? it might be answered , the belief proceeds from the son of god , who did take upon him the shape of man , but then we may believe , that angels are of the shape of doves , because the holy ghost , which is co-equal and co-eternal with the son , did take upon him the shape of that bird. also what reason hath man to believe , that the devils shapes are partly of the shape of beasts , as to have tails , horns , claws , and cloven feet ? do they believe that the shape of beasts is a more vvicked or cursed shape than any other animal shape ? but these opinions or beliefs proceed from gross conceptions , made by irregular motions , in gross terrestrial bodies , or brains in mankind , who make hell and heaven , god , angels and devils , according to their fancies , and not according to truth , for man cannot know what is not in his portion of reason and sense to know , and yet man will judge and believe that , which he cannot possibly know , which is ridiculous even to human sense and reason . but to conclude , dearly beloved , men's thoughts are too weak , their brains too little , their knowledge too obscure , and their understandings too cloudy to conceive gods celestial works or workings , or his will or decrees , fates or destinies ; wherefore , pray without forming , obey without censuring , fear his power , love his goodness , and hope in his mercy , and the blessing of god be amongst you . an oration to a sinfull congregation . beloved brethren , you live so lewdly , riotously , and wickedly , as if you did not believe there are gods or devils , heaven or hell , punishment or bliss , and as if there were none other life after this life , but you will find you shall be so punished for your wickedness , unless you amend , as you will curse your birth , life , and death ; for so bad and wicked you are , that the seven deadly sins are not sins enough for you , but daily , nay hourly , you study to make more deadly sins , nay you are so ingenious in devising sin , as you are the most subtil artisans therein that ever were ; you are a vitruvius for desigining sins , a pygmalion for carving out sins , an apelles for painting out sins , a galileus for espying out sins , an euclid for numbring and multiplying sins , so that your sins are now past all account , an archimedes for inventing sins , an aristoteles to find out sins , a cicero in pleading for sins , an alexander in fighting for sins , an homerus in describing sins , and your lives and actions are the foundations , and materials , the stones and chisals of sins , the boords and planks , the light , shaddows , and colours of sins , the perspective glasses of sins , the figures of sins , the instruments and engins of sins , the lines , circles , and squares of sins , the bodies , parts , and lives of sins , the tongue and speech of sin , the arms of sin , the brains and wit of sin : thus you are nothing but sin within and without , for life , soul , thoughts , bodies and actions are all sin ; indeed you seem , as if you were neither made by nature nor god , but begotten or produced from devils ; for nature exclames against you , and god abhorrs you , the devils will own you , but god of his mercy give you grace to repent and amend your lives , that what sin is past , may be blotted out , and that your lives , thoughts and actions may be such , as may gain upon eternal blessedness , and everlasting glory , for which let us pray . an oration , which is an exhortation to a pious life . beloved brethren , you come here to be instructed , but yet you do not amend your lives , for you live idlely and wickedly , you make no profit of your instructions or exhortations , for it seems by you , that the more you are taught , the more ignorant you are , like those that become blind , or their sight dazled with too much light ; indeed you live as if you had not rational souls , or that you thought souls die as bodies do , but you will find you have souls that shall live to indure torment , if you do not reform your lives : 't is true , many have strange , and some , atheistical opinions concerning the soul , for some have had opinions , that man hath no other soul , but such as beasts have , and others , that the souls of all creatures go out of one body into an other , and that death doth but change the souls lodging ; and some have had an opinion , that there is no such thing as a soul , but that which is called a soul , is only animal life ; and others believe there be souls , but they die as bodies do ; others , that there is but one great soul , which is the soul of the world ; but the right and truth is , that men have particular souls , which not any other creature hath , which are called rational souls , and shall live for ever , either in torment or bliss , according to their merit ; but the best and wisest men make no question of the rational soul of mankind , though many learned men trouble their heads to prove what the soul is , for some believe the soul is corporeal , others it is incorporeal . also many trouble themselves to know , when the souls of mankind enter into their bodies , some think before the body is born ; others hold , it enters not untill the body is born ; and some think , that the body receives the soul so soon as it receives life in the womb ; and some think before , as when it is newly conceived : but those that are of an opinion , that life and soul enters into the body together , believe their departs together by death ; and those that think the soul enters not into the body untill it be born , believe the soul is but a weakling at first , and grows stronger as the body grows older . thus they trouble their heads , and exercise their wits concerning the soul , to know what it is , and how it is , but never take thought as how it will be when they dye , like the dog that left the substance to seek for the shaddow , so men leave the salvation , and dispute about the creation : but my exhortation is , that you would pray more , and dispute less ; for what shall we need to trouble our minds , whether the soul be corporeal or incorporeal ? or if corporeal , of what matter it is made of , so that it be capable of glory ? nor shall we need to trouble our minds , when it enters the body , so it enters heaven . wherefore those that are truly wise , and wisely devout , will indeavour with all their power , faith , and industry of their minds , thoughts , and life , to do such charitable deeds , and to think such pious thoughts in holy contemplations , and pray with so much zeal and faith , penitence and thanksgiving , as god may be so well pleased with them , as to glorifie their souls in heaven ; where there is all joy and happiness , which joy and happiness i pray the gods may give you . marriage orations . part ix . a marriage-oration to a congregation , and a young bride and bridegroom . beloved brethren , we are met together as bridal-guests to see this young man and woman married , who are to be bound , tied , and manacled with holy ceremony , vows and promises , yet all too little to tie some couples fast , for many do not only loosen those bonds with taking unlawfull liberty , but quite break them by divorce , which shews the unruliness and untowardness of married people , or else it shews the unsufferable condition of a married life , and yet for all the proofs , trials , and examples of the evils that are in marriage , men and vvomen will take no vvarning , for not only maids and batchelours , but vviddows and vviddowers run head-long into the noose or marriage halter ; i do not say this , to discourage this young couple , but to advise them , when they are married , to live temperately , prudently , lovingly , and peaceably , that they may not surseit their fond and eager appetites , which causes the sickness of aversion , and death of affection , or prodigally vvaste their maintenance , or idlely spend their time , for poverty breaks friendship , and turns neer friends to foes ; nor live inconstantly , for that makes jealousie , and jealousie hate ; nor live quarrelsome , for that makes faction , faction division , and division divorce ; whereas temperance makes constancy , prudence plenty , love keeps peace , and peace makes happiness , which happiness i wish this young couple , and so i will joyn their hands , praying that god will joyn their hearts with an united love and felicity . a marriage-oration to a congregation , and an old bride and young bridegroom . beloved brethren , vve are met together as marriageguests , to see this couple married together , although it be an unequal match , the bride being aged , and the bridegroom young , she too old for him , and he too young for her ; which shews , as if she wanted vvit , and he vvealth ; but i hope neither of them will want that love , which ought to be betwixt a man and vvife : i say not this , to hinder their marriage , for if they do agree , every one ought to approve it , and if they should not agree , none will suffer but themselves , either in the opinion of their neighbours and friends , or in their own discontents ; for their neighbours will censure both , as if she was too amorous for her age , and he too covetous for his youth , and that time will cool the one , and riot consume the other ; which if it prove so , you will wish one another dead , but not love one another living ; whereas when you agree kindly , and live orderly , you will be prais'd . vvorthily , and so much the more , as being unusual , and therefore not expected : for who would not believe , but that an old wife should be jealous , and a young husband vvanton ? or who will believe an old wife to be pleasing , and a young husband continent ? but this true pleasure and constancy i wish you , and will joyn your hands , praying for your happiness . a marriage-oration to a congregation , and a young bride and aged bridegroom . beloved brethren , here is a loving aged man , and a chast young vvoman to be joyn'd in holy matrimony , which shews the man to have courage , the woman to be prudent ; for surely it is very dangerous for an aged man to marry a young woman , especially an handsome young woman , not only that youth is apt to be inconstant and loves variety , but youth and beauty is a temptation to amorous lovers , which will lay siege and make assaults , indeavouring with all their flattery , bribes , vanity , and prodigality , to corrupt , betray , and win her ; but she is prudent to choose an expericed man , preferring vvisdome before youth , vvit before beauty , love before courtship , and temperance before pleasure : all which fore-shews , she will make a chast wife , which will keep her husbands love , and her own reputation , which love and chastity will make them happy , and both will make them honourable , to which respect and happiness i joyn them inseparably . a marriage-oration of two poor servants . beloved brethren , you have attended these two poor servants to the church , as their bridal-guests , to vvitness their lawfull marriage , by which you do them honour , and if you will also do them good , you will bestow on them an offering , for though each person should give but a small gift , yet in the whole summ it will be great to them , so that it will not be mist in your purses , and yet be a benefit to their lives , for it may make them rich , and your selves not poor ; but if you give them not any , they may nevertheless by their industry thrive , for as they have vvrought honestly for their master and mistress , so they will labour honestly for themselves , and as their master did thrive by their service , so they hope to thrive in serving themselves , and so in time they may become master and mistress to servants , as they were servants to master and mistress ; for prudent industry and thrifty sparing makes the poor rich , and riches doth advance them to honour , whereas carelesness , riot , and vain expenses make rich men poor , and noble men mean , so that in time labouring peasants , and thriving citizens posterities , come to be rich men and great lords , when as the posterity of rich men and great lords , through their prodigality comes to be poor labouring men and slaves , for heaven blesses the industry of the poor , but punishes the riot of the rich ; which blessing be upon this couple , and so let us joyn their hands with holy ceremony , and heaven joyn their hearts with love. orations to citizens in the market-place . part x. an oration against excess and vanity . fellow citizens , i observe great excess in stately and chargeable buildings , rich and costly furnishings , vain adornings , wastefull feasting , idle enter taining , and unprofitable attendances , and the like vanities . first for your building , you build not only for conveniency and decency , but for state and magnificence , and you build not only large and high , as if you would spread to the circumference of the earth , and ascend to the mansions of the gods , but you indeavour to work beyond nature for curiosities in cutting , carving , ingraving , and painting to the life ; also you dig to the abyfs , as to the centre of the earth , for several materials , as diverse sorts of stones and metalls , and indeavour to make your palaces to out-shine the sun with gold , wherein you waste so much gold and silver , in vain and improfitable gilding and interlaying , that there is not enough left to make coyn for traffick ; also your stately building doth not only ruine your posterity , leaving them more houses than land , but you ruine the poor , inclosing the land with your vvalls , and filling up lands with houses , whereas corn and fruits should grow ; thus you tread upon the bellies , backs , and heads of the poor . and as for your rich and costly furniture , it cost much and vvears out soon , yielding no profit , for the principal of so much money is vvasted , and no use made thereof . secondly , for your feasting , wherewith you eat rather to be sick , than to prolong life , you spoil more than you eat , and eat more than you have appetite ; you are like misers in your feeding , stuffing your stomacks with meat , as they do their trunks and baggs with money , and the superfluity of meat destroyes the gluttonous eater with surfeits . thirdly , your adorning or rather deforming your selves in antick fashions , and toyish vanities , which sheweth your heads to be brainless , and sometimes your purses to be moneyless , for spending so much on your backs , you cannot keep any thing in your coffers , nor for your necessary use . fourthly , your idle visits and unprofitable discourses , wherein is more words than wit , and more time lost than knowledge gain'd , for you become more ignorant with talking , than learned with contemplating , for brains are not manured with foolish discourses , but wise considerations . lastly , your numerous trains , which are unprofitable servants , being maintain'd for shew , and not for use , they spending much , and doing little service , is the cause not only of great disorders , but the ruine of many noble families . the short is , you drink to be drunk , eat to be sick , live to be idle , spend to be poor , and talk to be fools : thus you lose time , waste your estate , trouble your minds , and shorten your lives , living with more cost than worship , and more worship than pleasure ; for you are stewards for your servants , hosts for your guests , and slaves to your vain humours . an oration contradicting the former . noble citizens , the former oration was against the lawfull delights and pleasures of our citizens , nay , of all mankind , which expresses the orator either to be so poor of means , as he cannot attain to such delights and pleasures ; or that his senses are imperfect , as not capable to receive them , or that he is of so evil a disposition , as to desire all men to be miserable , or that he is a fool , as not knowing how to speak or live wisely , whereas had he spoken against hurtfull and destroying vices , he had spoken as a good man ought to do , for vices are vices , no otherwise but that they are hurtfull or destructive to mankind , which makes them vices , for the gods forbid them , because of the evil effects ; as drunkenness , which disorders the reason , distempers the brain , and obstructs the senses , making men senseless , or to be as mad , and causes oftentimes quarrels , wounds , and death , at least breaks peace , and makes enemies of friends ; besides , drunkenness makes men sick , and is apt to shorten their lives , all which makes it a vice , and so a sin ; but did drunkenness cause no evil effect , it ought not to be forbidden , nor could it be accounted a crime . the like i may say for gluttony , for would men eat only to please them , and not so much as to disease them , it would be no fault to eat well ; or to please their palate , but it is the surfeits ; sickness , and oftentimes untimely death , that makes gluttony a vice ; and for adultery , it would be so far from a crime , as it would be a virtue in the increase of mankind , were it not for the loss of propriety , in that no man would know his own child , nor be sure to injoy his own wife , or that woman he makes choice of . as for theft and murder , they are not of that sort to be named vices only , but damnable sins , wherein can neither be society , safety , nor security of life , for thieves and murderers indeavour an utter destruction without mercy or remorse ; wherefore , since vices and sins are vices and sins , for their hurt and evil effects , those things that are call'd vanities , which produce pleasure and delight without death and destruction , ought not to be spoken against ; for vanities are profitable to the poor , and not hurtfull to the rich ; but yet moralists and divines plead , preach , and write , rail and exclame against all honest , harmless delights and pleasures , as if they were sins to god and nature , as if nature and the god of nature should make senses and appetites in vain , or only to the hurt and dislike of the creature , and not for their good and pleasure , as to make a body for pain and sickness , and not for health and ease , and to make a mind for trouble and discontent , and not for peace and tranqullity , to make desires , but not fruitions : indeed nature and the god of nature is more just to mankind ; for as they have made eyes and seeing , so they have made light , splendour , and beauty to be seen ; and as they have made ears to hear , so they have made harmony to be heard ; and as they have made nostrils to smell , so they have made perfumes to be smelt ; and as they have made taste , so they have made relishes ; and as they have made hunger , so they have made food ; and as they have made appetites , so they have given satisfaction or satiety . thus we may perceive , that every particular sense is fitted or matched to particular pleasures ; but because nature hath made some aversion , therefore moralists and divines would not have men injoy the pleasure in nature , whereas the most rational men perceive , that aversions were only made to highten and re-double the pleasures and delights both of body and mind ; but these men are so rigid in their doctrine , ( i will not say , in their own particular practice ) as they would have men choose the worst part , and refuse the better , and would have all mankind struggle , strive , and oppose all nature's delights and benefits ; the truth is , they seem to desire a perpetual warr between the senses and the objects , as also between the mind and the body , as between the reason and sense ; but in my opinion , their doctrine hath neither sense nor reason , and their authors would have as little , if they should practise what they preach . wherefore , noble citizens , my advise is , that you take your pleasures , yet so , as you may injoy them long , as to warm your selves , not to burn your selves , to view the light , but not to gaze out your sight , to bathe your selves , but not to drown your selves , to please your selves , but not to destroy your selves with excess . an oration against usurers , and money-horders . noble citizens , vve have some citizens amongst us , that are rich , and yet miserable , they covet much , yet injoy but little , for they hord up their wealth , and starve themselves ; and if they did starve none but themselves , it were no great matter , being fitter for death than life , but their hords impoverish the common-wealth , and so starve the poor ; for there cannot be a greater evil in a common-wealth , set a-side warr , than to have many rich usurers , as covetous getters , and spare spenders ; for their great wealth is like as a great dunghill , which , whilst it lies on a heap together , doth no good , but hurt , whereas if it were dispersed and spread upon the barren lands , it would inrich much ground , producing increase and plenty . the like should money or such sort of riches be spread equally , to make a common-wealth live happily ; indeed , a prodigal is more beneficial , and profitable to a common-wealth than a usurer , for a prodigal makes only himself poor , and the common-wealth rich , whereas a miserable man makes only himself rich , and the common-wealth poor . 't is true , riches is accounted a great blessing , and surely it is so , but i take riches to be only a blessing in the use , and not barely in the possession , for riches is not what we have , but what we injoy ; for he that hath delicious fruits , and will eat sour crabs ; hath reviving wines , and will drink insipid water ; hath stately houses , and will live in a thatch'd cottage ; hath store of fuel , and will freeze with cold ; and hath great summs of money , but will spend none , those are poorer than they that have but a little , and will spend according to their estate ; yet these miserable men that live starvingly , slovenly , and unwholesomely , are commended by the moralists , and accounted wise men , as not taking pleasure in that they call vanities , which is to make use of their riches , as to live plentifully ; pleasantly , gloriously , and magnificently , if they have wherewithall to live so , pleasing themselves with what good fortune hath given them . i for my part , i had rather live rich , and dye poor , than dye rich , and live poor , and leave my wealth to those , that will be so far from acknowledging my gifts with thanks , by praising me for them , as it is likely they would rail on my memory , so that my wealth would only build me a tomb of reproaches , and a monument of infamy , which would be a just judgement for being so unnatural to my self . but miserable men believe , they are masters to their wealth , because they have it in keeping , when as they are slaves , not daring to use it , unless it be in getting ten in the hundred : i confess , if such men had children , being for the most part childless , there were some excuse for them , but yet fathers should not make themselves miserable , to make their sons prodigal , for a rich son of a miserable father is commonly a spend-thrist ; and as fathers are bound by nature to provide for their children in a wise proportion , so they are bound by nature to maintain themselves so plentifully , as to injoy a happy life . but to conclude , those that are miserable horders , or uncnscionable usurers , are like as weesels , or such like vermin ; for as these suck out the meat of an egg , so they suck out silver and gold , and leave the common-wealth like as an empty egg-shell , which is a penny-less purse or treasury . an oration concerning the education of children . fellow citizens , i commend your love and care , which you seem to have of your sons , as to have them taught and instructed in arts and sciences , as also when they are grown up towards manhood , to send them abroad to see forein and several nations , for to be acquainted with their fashions , manners , and behaviours , and to learn their several languages , all which is profitable , and will make them worthy men if they profit ; yet though i commend your love , i cannot commend your judgements , for putting your sons to be instructed by young pedants , and to be guided by young governours , which are but boys themselves in comparison of experienced , understanding , knowing , wise men , that is aged men , who have seen , heard , and learned much , and so know much , whereas young men have not had time to hear , see , and learn much , and so cannot understand , nor know much , but must of necessity be ignorant . wherefore , it is not to be wondered at , that fathers reap not the profit , or have not the return of their care and expences in their sons educations ; for youth breeding up youth , makes many men to be boys all their life-time , and being not instructed as they ought , become wild , like plants that want manuring , and fathers mistaking the cause through long custom , think it is the incapacity of their sons , and not the insufficiency of their tutors and governours , if they prove not according to their hopes and expectations ; but most fathers being bred as ignorantly as their sons , think their sons compleatly bred , if they have been some time at the university , and have made some short time of travel , although without profiting either in knowledge or manners . thus it may be thought , that one fool begets an other ; but the truth is , that one fool breeds an other , for the fault is not in nature , but in education , at least not so generally and constantly , for nature doth not commit so many errors , and make so many defects , as breeding doth . an oration concerning the plague . fellow citizens , i shall not need to tell you , that the plague is in this city , or that it increases daily , i may say hourly , or that this city hath been formerly infested or infected with this disease , in so much as sometimes it hath almost made a depopulation ; but by reason it is such a deadly destroying , disease , as to sweep thousands into oblivious death , and not only a destroying but a murderous disease , for it takes men suddenly , unawares , and unprepared , being in perfect health and full strength , and wounds so deadly , as to be past remedy , not to be cured , either by medicines or salve , when it hath strongly seized on the body ; wherefore , to hinder it from such a strong affault and ruine , let me advise you , citizens , especially the magistrates , who have power and authority to order and govern this city , as they shall think good and expedient for it ; first , to set out a declaration to all housholders , upon paying fine , if neglected and not performed , to cleanse their houses , pumps , springs , sinks , gutters , and privy-offices ; also that officers in every parish , and other particular person , may be authorized for that imployment , to see the streets , lanes , and out-corners in and of the city cleansed from dunghils , and dung of men and beast , and from carrion , mud , and such like filth ; also to have the common sewers , sinks , chanels , wells , as also the lakes , ponds , and such like places without the city near adjoyning , well cleansed , and all this foul filth buried deep in the earth , that no ill savour or vapour may ascend therefrom ; for foul , gross , stinking vapours arising , especially from several places , as several houses , streets , ditches , sewers , and the like , dispersing corruption about , infect the air , which spreads far , and enters into the very bowels and inward parts of men , nay , it doth not only poyson the bodies of men , but all other animal creatures , as also the fruits of the earth ; and so strong it is , that it bursts forth in sores , ulcers , and spots on the bodies of men and beasts , inflaming their spirits , and consuming their lives in a moment ; wherefore , to help to purifie the air , let there be pitch and tar burnt in the open streets , and frankincense , storax , and benzoin in the houses , or at least juniper ; and after the city is thus cleansed , and the air purified , you must indeavour to cleanse and purifie the bodies of the inhabitants , by commanding every one to be purged with drugs or simples , and to be let blood , or else it will be a vain work , as to cleanse their houses from filth , and let their bodies be full of foul humours , to cleanse their sinks and gutters , and let their veins be full of corrupted or inflamed blood ; yet must the bodies of men not be cleansed , until the city be cleansed , lest the infected air from without should more easily get into them and kill them . but i hope , i shall not need much rhetorick to perswade you , to take a care of your own lives , for life is sweet , and death is terrible ; although i have observed , that men , though they desire to live , nay , are afraid to dye , yet are so careless , obstinate , and confident , as not to indeavour to prolong their lives , or to defend their lives from diseases , which are death's sergeants ; for although all creatures were made to consume into other forms , and men are born to dye , yet no creature was made to dye and be consumed , or transmigrated before their natural time , for nature hath given her creatures defences and remedies against the spoilers and destroyers of life , which spoilers and destroyers , as also their remedies and defences are not easily to be numbred ; but men are often their own lives enemies , killing themselves with riot and excess , or being over-bold in adventuring or entring into dangers , or so careless as to pass by remedies : yet i hope you will be carefull , and speedily industrious to prevent , if possibly you can , the increase and fury of this plague . an oration against idle expences . fellow citizens , i observe great excess and luxury in this city , prodigally spending your estates , and wasting your lives with riot , which i cannot enough wonder at , that although men will hazard their lives to get wealth , and to keep it from those that would take it from them , yet will spend it lavishly , as extravagantly , and vainly , nay , more readily to make them sick , than to make themselves well when they are sick , for they will spend it freely in luxury , and be sparing to a physician , which shews , men love pleasure more than health , whereas , health is the greatest pleasure , for sensual pleasures are alwayes followed with sickness and pain , which lasts long , even so long , as many times they do accompany them to the grave ; and as pains and sickness follow sensual pleasures , so poverty and scorn follows vain expences , all which makes a discontented mind : wherefore , what man , if he were wise , would destroy his body , disquiet his mind , and ruine his estate for that which is called pleasure ? which is nothing but sensual appetites , that are no sooner injoy'd , but are forgotten , or loathed with the fruition ; and for pleasures of the mind , those are only opinions , which are nothing in substance , and therefore not to be truly or really injoyed . but as temperance is the greatest bodily pleasure , because it gives health , so judgement is the minds physick , purging out vain opinions , idle thoughts , and restless desires , which give it the health of peace and tranquillity . thus your body and mind will live healthfully , happily , and honestly , imploying their time and labours in the service of god , their country , and friends , living wisely , parting with the vvorld willingly , leaving a good fame behind them , and ascend to a crown of glory and eternal life . an oration for men to please themselves . fellow citizens , give me leave to tell you , that moral orations are more proper to be spoken in schools , than in the market-place , where they will sooner spoil young students , than reform old citizens ; but those that speak against pleasure , speak against the darling of life , and therefore i do not vvonder at any for taking his pleasures , but at those that speak against it , since it is the quintessence or elixir of nature , as we may know by the scarcity of it , for nature being just in all her vvorks , hath ordered them so , as what is curious , excellent , and good , she hath sparingly made , but what is indifferent and bad , she hath made plentifully , countervaluing the worth of the one sort , with the quantity of the other , as we may observe , she hath made more iron than silver , more silver than gold , more stones than diamonds , more weeds than flowers , more beast than men , and of men she hath made more fools than wise men , more cowards than valiant men , more bad men than good men , more enemies than friends , and so more pains than pleasures ; but because there is but a little of that which is good , shall not we injoy it ? shall we refuse the best , because we have not so much as we would ? that would be unreasonable ; but as men will give a great quantity of led for a little gold , so men will indure a great deal of pain for a little pleasure , and they have reason , for a little pleasure is of great value , being the most delitious sweets in nature ; but you will ask what is the delitious pleasure ? i answer , all that is pleasure , is delitious , yet every man is to judge of pleasure by his own delectation , for pleasures are as different as men ; for although all men are of mankind , yet every man is not alike , neither in mind nor body , so although all pleasure is pleasure , yet not one and the same . an oration against vice-actors . noble citizens , our city doth so increase with vice , as i fear , the numerous vices will be like as the plagues of egypt to destroy our city , if you do not use speedy remedy , to punish the vice-actors ; but we are so far from punishing them , as we admire , applaud , and advance such , as have most vices , or least honesty ; the truth is , that vice and injustice is the only way or means to advance men to office , power , authority , respect , and credit in our city , for those men that are temperate , honest , and just , are thought fools and unprofitable drones , and those that are wisely provident , and not vainly prodigal , are believed to be miserable men , which know not how to live ; and as for our grand magistrates , they have more formality than reality , more good words than good deeds , more covetousness than justice ; they regard not the poor man's cause , but the rich man's money ; for they decide causes not according to right , but according to bribes ; humility , and honesty are strangers to them , they study their self-interest , but regard not the publick good , all which will bring a confusion , and so a dissolution to this common-wealth , if that you do not carefully and suddenly choose wise and conscionable men for magistrates , to wit , such as will punish extorsions , wrongs , and injuries , suppress pride , vanity , and luxury , banish quarrels , put away idleness , and administer right and justice for right and justice's sake , as also do as they would be done unto . an oration against a foolish custom . worthy citizens , here is an unjust and unhandsome custom in this city , and therefore ought to be abolished , which is , that whensoever a wife beats her husband , the next neighbour rides through the city disgracefully , not only striding upon a horse with his face towards the tail , or sitting astride upon a staff , but having foul things flung at or on him , and all the vulgar people follows with shouts , and all this to shame an innocent person , who hath not committed a fault , whereas the fault-makers are neither troubled nor disgraced , which is a great injustice , that those escape , that ought to have the punishment ; for the foolish husband of such a wife rampant , should ride in disgrace , scorn , and pain , by reason he suffers himself to be degraded of his masculine authority ; yet is this not the only foolish and unjust custom , but we have many more , which ought not to be suffer'd in a peaceable and well-govern'd common-wealth ; wherefore the publick magistrates , that are the publick fathers , should order private families , that they may not disorder the publick tranquillity . an oration against the liberty of vvomen . citizens of n. n. although i am sure to be hated of all the women in this city , and perchance elsewhere , yet by reason i think it fit to reprove their liberties , vanities , and expences , i shall not be silent , although i were sure to be tortured with their railing tongues , and to be exclamed in all their femal societies ' , which societies ought to be dissolved , allowing no publick meetings to that sex , no not child-bed gossipings , for vvomen corrupt and spoil each other , striving to out-brave , out-beauty , and out-talk each other , with their vanities , paintings , and gossipings ; wherefore it were fit , that vvomen should be restrain'd not only from the company of men , but their own sex , unless it be those they have neer relations to , and not to suffer them to make acquaintance with strangers ; this would cause moderation , sobriety , and silence amongst them ; also it would cause them to be huswifely in their families , obedient to their husbands , and carefull of their children , but liberty is an enemy to vvomen , nay it is an enemy to men , not only to fathers , husbands , and sons , but even to wanton lovers , or rather courtiers , making them as vain and expensive as women , to gain their mistresses favours , knowing women , especially amorous vvomen , are soonest won with gayes , toyes , and shews ; but vvomen are so far from being restrain'd in this age , and in these nations round about , that they have liberty to spend what they will , to keep what company they will , and to use their husbands and natural friends as they please ; the truth is , liberty makes all vvomen wild and wanton , both maids , wives , and widdows , which defames themselves and their families . thus in short , women are the chief ruiners of men in their estates , fortunes , and honours , and so i leave them . an oration for the liberty of women . noble citizens , it is not only uncivil and ignoble , but unnatural , for men to speak against vvomen and their liberties , for vvomen were made by nature for men , to be loved , accompanied , assisted , and protected ; and if men are bound to love them by nature , should they restrain them by force ? should they make them slaves , which nature made to be their dearest associates , their beautiful'st objects , and sweetest delights ? and shall man restrain them of their harmless pleasures , chast societies , and gentle conversations ? and as it is natural for men to love women , so it is natural for love to please what they love , and not to cross , oppose , or restrain them , but to grant them all their lawfull requests and desires , as far as lies in their powers ; for can men dispose of their estates more generously than to vvomen ? or think any fortune better , than when they can serve them ? or is there a greater happiness than to be beloved of them ? whereas they are the chiefest good , that nature hath made for men , and the greatest delight , she hath given to men ; for can there be any sound sweeter than their voices ? any object brighter than their beauties , or any society more divine than theirs ? yet these celestial creatures , a terrestrial man in the former oration did plead against them , perswading you , o horrid perswasions to use them as your slaves , which ought to be your goddesses on earth , for nature made them to be beloved , admired , desir'd , ador'd , and worshipp'd , sued and praised to by our sex. femal orations . part xi . i. ladies , gentlewomen , and other inferiours , but not less worthy , i have been industrious to assemble you together , and wish i were so fortunate , as to perswade you to make a frequentation , association , and combination amongst our sex , that we may unite in prudent counsels , to make our selves as free , happy , and famous as men , whereas now we live and dye , as if we were produced from beast rather than from men ; for men are happy , and we women are miserable , they possess all the ease , rest , pleasure , vvealth , power , and fame , whereas vvomen are restless with labour , easeless with pain , melancholy for want of pleasures , helpless for want of power , and dye in oblivion for want of fame ; nevertheless , men are so unconscionable and cruel against us , as they indeavour to barr us of all sorts or kinds of liberty , as not to suffer us freely to associate amongst our own sex , but would fain bury us in their houses or beds , as in a grave ; the truth is , we live like bats or owls , labour like beasts , and dye like vvorms . ii. ladies , gentlewomen , and other inferiour women , the lady that spoke to you , hath spoken wisely and eloquently in expressing our unhappiness , but she hath not declared a remedy , or shew'd us a way to come out of our miseries ; but if she could or would be our guide , to lead us out of the labyrinth men have put us into , we should not only praise and admire her , but adore and worship her as our goddess ; but alas , men , that are not only our tyrants , but our devils , keep us in the hell of subjection , from whence i cannot perceive any redemption or getting out ; we may complain , and bewail our condition , yet that will not free us ; we may murmur and rail against men , yet they regard not what we say : in short , our vvords to men are as empty sounds , our sighs as puffs of vvind , and our tears as fruitless showres , and our power is so inconsiderable , as men laugh at our vveakness . iii. ladies , gentlewomen , and other more inferiours , the former orations were exclamations against men , repining at their condition , and mourning for our own ; but we have no reason to speak against men , who are our admirers , and lovers ; they are our protectors , defenders , and maintainers ; they admire our beauties , and love our persons ; they protect us from injuries , defend us from dangers , are industrious for our subsistence , and provide for our children ; they swim great voyages by sea , travel long journies by land , to get us rarities and curiosities ; they dig to the centre of the earth for gold for us ; they dive to the bottom of the sea for jewels for us ; they build to the skies houses for us ; they hunt , foul , fish , plant , and reap for food for us ; all which we could not do our selves , and yet we complain of men , as if they were our enemies , when as we could not possibly live without them : which shews , we are as ungratefull , as inconstant ; but we have more reason to murmur against nature than against men , who hath made men more ingenious , vvitty , and wife than vvomen , more strong , industrious , and laborious than women , for women are witless , and strengthless , and unprofitable creatures , did they not bear children . wherefore , let us love men , praise men , and pray for men , for without men we should be the most miserable creatures that nature hath , or could make . iv. noble ladies , gentlewomen , and other inferiour women , the former oratoress sayes , we are witless , and strengthless ; if so , it is that we neglect the one , and make no use of the other , for strength is increased by exercise , and wit is lost for want of conversation ; but to shew men we are not so weak and foolish , as the former oratoress doth express us to be , let us hawk , hunt , race , and do the like exercises as men have , and let us converse in camps , courts , and cities , in schools , colleges , and courts of judicature , in taverns , brothels , and gaming houses , all which will make our strength and wit known , both to men , and to our own selves , for we are as ignorant of our selves , as men are of us . and how should we know our selves , when as we never made a trial of our selves ? or how should men know us , when as they never put us to the proof ? wherefore , my advice is , we should imitate men , so will our bodies and minds appear more masculine , and our power will increase by our actions . v. noble , honourable , and vertuous women , the former oration was to perswade us to change the custom of our sex , which is a strange and unwise perswasion , since we cannot change the nature of our sex , for we cannot make our selves men ; and to have femal bodies , and yet to act masculine parts , will be very preposterous and unnatural ; in truth , we shall make our selves like as the defects of nature , as to be hermaphroditical , as neither to be perfect women nor perfect men , but corrupt and imperfect creatures ; wherefore , let me perswade you , since we cannot alter the nature of our persons , not to alter the course of our lives , but to rule our lives and behaviours , as to be acceptable and pleasing to god and men , which is to be modest , chast , temperate , humble , patient , and pious ; also to be huswifely , cleanly , and of few words , all which will gain us praise from men , and blessing from heaven , and love in this world , and glory in the next . vi. vvorthy . women , the former oratoress's oration indeavours to perswade us , that it would not only be a reproach and disgrace , but unnatural for women in their actions and behaviour to imitate men ; we may as well say , it will be a reproach , disgrace , and unnatural to imitate the gods , which imitation we are commanded both by the gods and their ministers , and shall we neglect the imitation of men , which is more easie and natural than the imitation of the gods ? for how can terrestrial creatures imitate celestial deities ? yet one terrestrial may imitate an other , although in different sorts of creatures ; wherefore , since all terrestrial imitations ought to ascend to the better , and not to descend to the worse , women ought to imitate men , as being a degree in nature more perfect , than they themselves , and all masculine women ought to be as much praised as effeminate men to be dispraifed , for the one advances to perfection , the other sinks to imperfection , that so by our industry we may come at last to equal men both in perfection and power . vii . noble ladies , honourable gentlewomen , and worthy femal commoners , the former oratoress's oration or speech was to perswade us out of our selves , as to be that , which nature never intended us to be , to wit masculine ; but why should we desire to be masculine , since our own sex and condition is far the better ? for if men have more courage , they have more danger ; and if men have more strength , they have more labour than vvomen have ; if men are more eloquent in speech , vvomen are more harmonious in voice ; if men be more active , women are more gracefull ; if men have more liberty , women have more safety ; for wenever fight duels , nor battels , nor do we go long travels or dangerous voyages ; we labour not in building , nor digging in mines , quarries , or pits , for metall , stone , or coals ; neither do we waste or shorten our lives with university or scholastical studies , questions , and disputes ; we burn not our faces with smiths forges , or chymist furnaces , and hundreds of other actions , which men are imployed in ; for they would not only fade the fresh beauty , spoil the lovely features , and decay the youth of women , causing them to appear old , whilst they are young , but would break their small limbs , and destroy their tender lives . wherefore , women have no reason to complain against nature , or the god of nature , for though the gifts are not the same they have given to men , yet those gifts they have given to women , are much better ; for we women are much more favour'd by nature than men , in giving us such beauties , features , shapes , gracefull derncanour , and such infinuating and inticing attractives , as men are forc'd to admire us , love us , and be desirous of us , in so much as rather than not have and injoy us , they will deliver to our disposals , their power , persons , and lives , inslaving themselves to our will and pleasures ; also we are their saints , whom they adore and worship , and what can we desire more , than to be men's tyrants , destinies , and goddesses ? orations in country market-towns , where country gentlemen meet . part xii . i. noble gentlemen , who are innobled by time , and not by favour , give me leave , since we are sociably met here in this town , that i remember you of our happy condition of life we live in , as on our own lands , amongst our own tenants , like as petty kings in our little monarchies , in peace , with moderate plenty and pleasure , our recreations are both healthfull and delightfull , which are hunting , hawking , and racing , as being far nobler pastimes than carding , dicing , and tennis-playing ; for whereas gamesters meet for covetousness , we meet for love , they leave most of their gettings to the box , we bring most of our gettings to our tables , and whereas we make our selves merry with our games , they make quarrels with theirs . thus we live more friendly than gamesters , and more happily than great monarchs , we neither quarrel , nor fear usurpers . ii. noble gentlemen , the gentleman that formerly spoke , said , we were petty kings , making our tenants our subjects ; but if they be as subjects , they are rebellious subjects , not paying us our rents duely nor truly ; besides , they are apt to murmur at the least increase of our farms , although they sell their commodities they get out of our lands at a double rate ; and as for our pleasures , as hawking , hunting , and racing , they may be sociable , but they are very chargeable , for hawks , hounds , and horses , with their attendance , will devour a great estate in a short time , besides open house-keeping in christmas time ; all which makes gentlemen beggars , and beggars gentlemen , for the servants and tenants grow rich , but their masters and landlords become poor , the one sort buyeth , the other sort selleth , and the title of a gentleman is buried in the ruine of his estate . iii. noble gentlemen , the gentleman that spoke last , spoke rather like a cottager than a gentleman , or rather like a miser than a noble hospitable person , for he spoke as if he would have gentlemen rather to follow the plough than the race , the cart rather than the deer , the puttuck rather than the hawk , to eat cheese instead of venison , sour curds instead of patridge , fried pease for young leverets , rusty bacon for chines of beef , rye bread instead of white manchet : all which is to live like a clown , and not like a gentleman , burying his birth in the dung of his earth . but , noble gentlemen , i have observed , that a gentleman , although of small fortune , if he live wisely , may live plentifully , and honourably , without his own personal drudgery ; the wisdome is , to look into his own estate industriously , to know and understand the value of his lands justly , to indeavour to have his rents paid duely , and not suffer his servants to coosen him either by flattery or excess ; all which will cause a country gentleman to live as the first gentleman said , like a petty king , yet not like a tyrant , but like a generous prince , with delight and pleasure , generosity and magnificence amongst his tenants , servants , and acquaintance , also he will be an assistance to travellers , and a relief to the poor , and his fame and name will not only sound loud , but long. iv. noble gentlemen , the gentleman that spoke last , spoke well for those gentlemen that can content themselves in that condition their fore-fathers left them in , but gentlemen of great estates desire great titles , offices , and authorities , which cannot be had in the country , but from the court , which ambition perswades them to leave the country , to live neer the court , where they may be seen and known unto the grand monarch , in which courts are such delights and pleasures , as the country is not capable to have , as masks , playes , balls , braveries , and courtships , which ravish and transport their thoughts beyond the country region ; indeed , they are as if they were transported into the third heaven , untill such time as their money is spent , their land sold , and their creditors are numberless , and then they are cast out as evil angels into the hell of poverty , and become poor devilish sharks living upon their wits , which is , to live upon their cheats , which cannot last long. thus gentlemen in the country are proud , in the court vain , in the city base , and at last unfortunate , as being much indebred and miserably poor . v. noble gentlemen , the gentleman that spoke last , declares our ambitions at court , but not our luxury in the country , and though we have not court ladies and city dames to our mistresses , yet we have country wives and tenants daughters for our wenches , and we eat and drink our selves into surfeiting diseases , and our expences are far more in riotous hospitalities , than the courtiers in their foolish flattering vanities : for the natures of gentlemen and noble men are for the most part prodigal , whether they be in court , city , or country , and they will never rest untill such time as their money is spent , and their land sold , and then they become idle drones for want of stings , which is wealth , to imploy them . vi. noble gentlemen , vve have argued much of our humours , actions , and estates of our follies , vanities , and vices , but we have not concluded what is best for us to settle in : as for the course of our lives , there are but three wayes , as to be either meer clowns , or perfect gentlemen , or between both ; to be meer clowns , is to be drudges in our estates , to be perfect gentlemen , is to be careless of our expences , and to be between both , is to be carefull overseers , and moderate spenders , and of these three i judge the last best , as not to be so much a gentleman , as to be a beggar , nor so much a clown , as to be a beast . vii . noble gentlemen , vve agreed to meet in this town for pastime and mirth , and not for study and disputation ; we came not hither to learn good husbandry , but to spend our money freely ; our intention was not to meet with formality and gravity , but with freedome and jollity ; our design was not to return to our dwelling houses with heavy hearts , but light heads ; wherefore , leave of arguing , and settle to drinking , and let our tongues cease , and the musick play , and when we are dead drunk , let the fiddles ring out our knells , and let our coaches as our hearses carry us to our home-beds , as to our designed graves , where after our long sleeps we may rise , and in our resurrections be like either saints or devils ; in short , let good wine and good brains be our good fortune . viii . a speech of a quarter drunk gentleman . noble gentlemen , you have made eloquent orations before you did drink , but let that pass , for now you must speak only witty expressions , and give me leave to tell you , that logick and wine are as great enemies , as poetry and water ; wherefore , let the orators drink water , and poets wine , for vvine begets fancy , and vvater drowns reason , which is the cause orators speak so much and long untill they speak non-sense : but o divine wine , whose sprightly vapour doth manure the brain to a just highth of vvit , it is the serene air of vvit , the quint-essence of vvit , the sun and light of vvit , the spirit and soul of vvit ; for were it not for wine , the mind would be as in a dark hell of ignorance , and the brain would be lethargically stupified for want of lively heat ; for wine is the food of vital life and animal reason . ix . a speech of a half drunken gentleman . noble gentlemen , you have made eloquent speeches , but of what , i am a rogue if i can tell , but that they were full of vvords : i did hear many words , but i do not remember any sense or reason in them ; the truth is , that the spirits of wine have burnt out the sense of your discourse , and have rarified my memory so much , as no substantial matter will remain therein , so that your oratory is dead and buried in the vapour of wine , a blessed death , and a happy funeral , and may it rest in peace and silence , and not rise to disturb our drinking , to which wish and hope i begin a health , and desire you all to pledge it . orations in the field of peace . part xiii . a peasants oration to his fellow clowns . fellow peasants , for we are all fellows in labour , profit , and pleasure , though not fellows in arms , spoils , and danger , and though we live in the fields of peace , and not in the fields of warr , yet our fields of peace resemble the fields of warr , for we are an army of clowns , though not of souldiers , and our commanders are our landlords , who often deceive us of the increase of our labours , as the warring commanders deceive their common souldiers of the profit of their spoils ; also we have our infantery , and our cavallry , for all those that belong to the keeping and breeding of beast , as shepherds , grasiers , herdmen , goat-herds , swine-herds , and carters , are of the cavallry , but all they that belong to the earth , as sowers , planters , reapers , threshers , hedgers , ditchers , diggers , delvers , are our infantery ; also we have arms and ammunition , for we are arm'd with our beast skins , and our arms of use are pikes , forks , cutting sickles , mowing sithes , pruning knives , thrashing flails , plough-sherds , shepherds hooks , herd-mens staves , and the like , and our match , powder , and bullets , are puddings , pease , and porradge , and our granadoes are eggs of all sorts and sizes , our carts are our waggons , our cottages our tents , and our victuals and country huswives our bagg and baggage , and the lowing of our herds , and bleating of our sheep , are our drums and trumpets , not to alarm us to fight , but to feed ; also we have enemies , which are unseasonable seasons , rotting moistures , drowning showres and over-flows , chilling frost , scorching heat , and devouring worms , all which we fight against , not with force , but with industry . and our army of clowns is more skilfull to destroy our enemies , than an army of souldiers is to destroy their enemies , nay , our army is an army wherein is peace and plenty , whereas in their army is warr and want : we become rich with safety , they become poor with danger , we be gentle to beast , they be cruel to men , they thrive by blood , we by milk , we get health by our labours , and long life by our temperance , and they get diseases in their riots , and death in their warrs : thus they live painfully , die violently , and only leave their bare name to their posterity and beggarly race , we live healthfully , die peaceably , and leave our goods to our posterity , who by their wealth come to be gentlemen . a peasants , or clowns oration spoken in the field of peace , concerning husbandry . fellow peasants , i must tell you , we live in a happy age , where peace sows , and plenty reaps , for whereas vvarrs destroy our increase , now peace increases our stores ; also i would have you know , that our profession which is husbandry , is one of the noblest and generousest professions , which is , to imploy our selves like as the gods and nature ; for though we cannot create creatures , as nature doth , yet we by our industry increase nature's creatures , not only vegetables , that we produce in our fields , and store in our barns , but animals , which we breed in our farms , and feed in our fields ; but as nature commits errors and defects in producing her creatures , so we for want of knowledge have not the good effect of our labours ; for though we are bred up to husbandry , yet we are not all so knowing in husbandry , as to thrive and grow rich by our labours ; for as all scholars are not learned , that have lived and spent most of their time in studies in universities , but are meer dunces ; or as artisans , are not all excellent vvorkmen , although they have been bound to their trade , and have wrought long in it , yet are but bunglers : so for husbandry , all husbandmen are not so knowing in their profession as to thrive , but they labour at randome , without judgement or observation , and like those that learn to read by rote , may understand the vvords or letters , but not the sense and meaning : so we may be brought up to labour , but not understand to make a profitable increase , not knowing the nature of the several soils , as what for pasture , or meddow , or tillage ; nor to fore-see the change of vveather , nor to take the most seasonable times , nor to observe the course of the planets , all which is very requisite for the breed of our animals , and increase of our vegetables . vvherefore , in my opinion , it were very necessary for us , to choose the most observing and experienced men amongst us , that understand husbandry best , to be our publick and general teachers , instructers , informers , and reformers in our profession of husbandry : for as there are divine teachers for the souls of men , moral teachers for the manners of men , human teachers for the bodies of men , and physicians for the lives of men , so there should be natural teachers and informers for the profitable increase for men , such as have not only experience by practice , and judgement by observation , but have both learning and conceptions of natural philosophy , as to learn and search into the causes and effects of natures vvorks , and to know and observe the influences of the heavens on earth , and on the diverse and sundry creatures in and on the earth ; also the sympathies and antipathies of the several creatures to each other , as also the natures and proprieties of every kind and sort of creature ; so shall we know how to increase our breed of animals , and our stores of vegetables , and to find out the minerals for our use ; for as learning without practice is of no effect , so practice without knowledge is of small profit ; yet many will take upon them to instruct others , that want instructions themselves , but such instructers instructions are more in words than for use , as plutarch's common-wealth , or virgilius georgics , two famous men , the one a moral philosopher , the other a poet ; the one did form such a common-wealth , as men would nor could not live in it , and so not fit for use ; the other could better set his wit to vvork than his hands , for if virgil had left his husbandary in verse , to practise it in prose , he had lived poorly , and died obscurely , as having more vvit and fancy to vvrite of husbandry in his georgics , than knowledge or experience to practise it in his farms ; thus poets get fame , and farmers vvealth , the one by their vvit , the other by their experience , the one by imagination , the other by practice , for a clown or peasant gains more knowledge by his practice , than a poet by his contemplations ; but when practice and vvit are joyned together , they beget wisdome and wealth , the one being adorned with gold , the other inthroned with fame , for emperours have ascended from the plough , and kings from the sheep-coats , converting their plough-sherds to thrones , their sickles to crowns , and their sheep-hooks to scepters . thus clowns , boors , or peasants by name , are become princes in power , and princes in power are become beasts by name and nature , witness nebuchadnezzar . a peasants oration to his fellow peasants . fellow peasants , give me leave to tell you , we are the most unhappy people in the vvorld , for we live to labour , and labour to live ; and we are not only the unhappiest , but the basest men in the world , for we are not only bred with beasts , and live with beasts , and dye like beasts , but we are the bawds and pimps too , to bring beasts to act bestially together ; also we are the dungers of the earth , to carry and spread the several excrements of several creatures thereon , which makes us not only to have a continual stink in our nostrils , but to be a meer stink our selves ; thus we are beastly within and without , for all our thoughts are imployed on our labours , which labours are brutish ; neither have we such fine and pleasant recreations as other men , for our recreation is only to whistle , pipe , and sometimes to dance in a crowd together , or rather jump and leap together , being ignorant of dancing measures ; and the only pleasure we have , is , to rumble and tumble our country lasses , who being more foul than fair , more gross than fine , more noisome than sweet , we soon surfeit of them , and then they become a trouble instead of a delight , a disease instead of a pleasure , a hate instead of a love ; and as they are to us , so no doubt but in the end we are to them , a loathing surfeit ; for we meet wildly , associate brutishly , and depart rudely ; and as for our profits , though we labour , yet our landlords have the increase . in short , we are slaves to beasts , and beasts in comparison of other men. a peasants oration to prove the happiness of a rural life . fellow peasants , the peasant that formerly spoke , hath rather shew'n his ungratefulness to nature , and his unthankfulness to the gods , by his complaining speech , than the truth of our condition and life , for he sayes we are the unhappiest , miserablest , and bafest men in the vvorld ; all which is false ; for can there be more happiness than pease and plenty ? can there be more happiness than in the repose of the mind and contemplations of thoughts ? can we associate our selves more contentedly than with innocent , harmless , and sinless creatures ? are not men more stinking , foul , and wicked than beasts ? can there be more odoriferous perfumes , than the sweet vegetables on the earth ? or finer prospects than stately hills , humble vallies , shady groves , clear brooks , green hedges , corn fields , feeding cattel , and flying birds ? can there be more harmonious musick than warbling nightingales and singing birds ? can there be more delighfull sounds than purling brooks , whispering winds , humming bees , and smallvoiced grashoppers ? can there be a more delicious sweet than honey ? more wholesome food than warm milk , fresh butter , prest curds , new laid eggs , season'd bacon , savory bread , cooling sallets , and moist fruits ? or more refreshing drink than whay , whig , and butter-milk ? or more strengthening drink than ale , meath , perry and sider ? and are not we at our own vintage ? nay , should we desire to feed highly , we may , for we are masters of the beasts of the field , and the poultry in the grange , and know well how to catch the fouls of the air ? can we have warmer and softer garments than cloth spun from the fleece of our flocks , to keep out freezing cold ? or can we be cooler than under shady trees , whose waving leaves are fans to cool the sultry air ? or can we lye softer than on the downy feathers of cocks and hens ? and can we be happier , than to be free from stately ceremony court envy , city faction , law sutes , corrupt bribes , malice , treachery , and quarrels ? and as for our recreation , although we do not dance , sing , and play on musick artificially , yet we pipe , dance , and sing merrily ; and if we do not make love courtly , yet we make love honestly ; and for our vvomen , whom our fellow peasant doth disgracefully , scornfully , and slanderously speak of , although they are but plain country huswives , and not fine ladies , yet they be as honest vvomen as they , for they spend their time in huswifry , and waste not their time in vanity ; and as for their beauty , their faces are their own , as nature gave them , not borrowed of art ; and if they be not so fair , yet they are as lovely , and as they use no sweet perfumes , so they use no stinking pomatum , and though their hands be not smooth , yet they are clean , they use no oyl'd gloves to grease them , but rub their hands , when washed , with coasse cloth to cleanse them ; and as for their garments , they are plain , yet commodious , easie , and decent , they are not ribb'd up with whale-bones , nor incumbred with heavy silver and gold laces , nor troubled with new fashions ; they spend not half their time in painting and dressing , and though they patch their cloaths sometimes out of good huswifry , yet they patch not their faces out of vanity , as ladies do ; neither do our women sweat to make their faces fair , but sweat for their childrens livelihood , and though they breed not their children curiously , yet they breed them up carefully : but our discontented and ambitious peasant , would turn from a clown to a gallant , as to waste lavishly , to spend prodigally , to live idlely , to be accoustred fantastically , to behave himself proudly , to boast vain-gloriously , to speak words constraintly , to make love amorously , to flatter falsly , to quarrel madly , and to fight foolishly , but not to thrive prudently , to imploy time profitably , to spend wisely , to live temperately , to speak truly , to behave himself friendly , to demean himself civilly , to make love chastly , to live peaceably , innocently , and safely , as we , that are of the pesantry , do . orations in a difordered and vnsettled state or government . part xiv . an oration against taxes . fellow citizens , this city is taxed to pay a great summ of money , which tax is more than we are able to pay without being impover sh'd , yet if it were all that would be laid upon us , there were some comfort , but that is not likely , unless our ministers of state , and magistrates , were less covetous to get , and more sparing to save ; for though they get much , they spend much , or rather spoil much in luxury , vanity , and bravery , which makes them alwayes needy , and though they pretend , that their taxing is for the service of the common-wealth , yet most of it is imployed in their common expences , or horded up to buy lands , and build stately palaces for their posterity to injoy and live in ; thus they build upon our stocks , and buy lands with our labours , so that we take pains for their pleasure ; but if they tax us often , we shall be so poor , as we shall not only have nothing to pay , but nothing to live on , which poverty will either starve us , or force us to be their slaves for maintenance , for when they have ingross'd all the vvealth , they will become lords of the people , or rather their tyrants . thus if we part with our vvealth , we part with our liberty , but to keep both , let us not part with our money , untill we know how it shall be imployed , for if it be imployed in the service of the common-wealth , it will return to our profit , which will be as traffick to inrich , and not as robbery to impoverish us , but if they robb the common-wealth , imploying our monies to their own use , we are doubly robbed , like as men should take our fathers goods , which is our inheritance , and also that we have gotten by our own industry ; and if it be requisite for us to part with our money , it is requisite they should give us an account of the distribution ; for as the magistrate or ministers of state are the common-wealth's stewards , so the people ought to be their overseers , lest they coosen the common-wealth , by which the common-wealth will thrive and become so rich , as to keep the natives from beggery and slavery . an oration contrary to the former . fellow citizens , the last oration that was spoken concerning taxes , was a factious oration , indeavouring to bring in innovation , and the orator that spoke that mutinous oration , spoke not for the publick good , but his own advancement , hoping by this oration to be a popular man , imbroiling the common-wealth in a civil warr , to work out his own designs ; thus men for private respects would make a publick ruine , and the people through ignorance do never perceive them , but rather do applaud and praise them for good common-wealth-men , when they are oftentimes the occasion of a common-wealths destruction ; but if you should follow his instructions , you would not only lose all your wealth , which is worse than to part with some on necessary occasions , but you would part with lives or liberties , for he advises you to rebell against your magistrates and ministers of state , by calling or forcing them to give a publick account of the states private affairs : but to shew you how foolishly he hath advised you , give me leave to speak to your sense and reason , in hope you are not void of either , for in sense and reason a common-wealth cannot be guided , ruled , and govern'd without a soveraign power , which soveraign power is in the magistrates and ministers of state , they are the head to the body of the common-wealth , and to have a body without a head is against nature , and your reason and sense shews you , that if you take off , or divide the head from the body , both will dye , rot , and consume : so if you take a soveraign power from the common-wealth , it dies , dissolves , and consumes with disorder , warr , and ruine , and if your sense and reason perceive a common-wealth must of necessity have a supreme power , your sense and reason will shew you , that you must trust that supreme power , otherwise it would not be a supreme or soveraign power , which power is to command , order , and dispose of all , as it shall think fit , or as it pleases , without giving any account , for giving an account makes it of no force or effect ; for a common-wealth cannot be govern'd without subtility and secrecy , which is called policy , which policy , if divulged , is no policy , wherefore a publick account ought not to be given of that , which is not fit publickly to be made known ; and give me leave to tell you , that policy is chargeable , not only that it costs much study and labour of the brain , but it requires much money , or monies worth , to execute the designs ; for though it be the chief design of policy to be a gainer in the end , yet is is but a contriver in the beginning , a worker in the continuance or execution , and a possessor in the end , and whilst it works , it must have something to work with , for the old philosophers say , out of nothing , nothing can be made ; neither is it fit , they should give an account of the receits or expences they receive or distribute of the common-wealth , for much monies must be imployed to have intelligence from forein parts and nations , for fear of surprisals , and perchance great summs of monies are required to corrupt some enemies to betray the rest , and so to prevent danger , if not ruine , besides many other wayes , abroad and at home , which expences are not fit to be made known , or an account given for ; for wise ministers of state make use of all passions , appetites , vices and vanities of mankind , as well as of their vertues , courages , generosities , ingenuities , abilities , and the like ; for that which would be base , foolish , dishonourable , and vvicked , for private and particular families , persons , or acts , is honourable , justifiable , and vvise in the publick-weal . vvherefore , let me perswade you , to pay the taxes vvillingly and readily , for money is the materials to repair , strengthen , inlarge , inrich , and adorn a common-wealth , that you may live safely , magnificently , plentifully , and pleasantly , which otherwise you will not do , but ruine your selves , at least make your lives unhappy through covetousness ; which to avoid , part with some of your wealth or profit contentedly , that you may injoy the rest quietly , peaceably , and freely , and follow not the advice of the former orator , whose speech , although it was plausible to you , yet you might easily perceive his design was dangerous , not only to the magistrates which are your fathers , but to the whole state or kingdome , indeavouring with his speech to imbroil the whole state in a civil warr , perswading you to be the first risers , stirrers , and disturbers . thus through private , particular , and self-respects , men oft times make general warrs , but i hope you will live in peace , and so i le leave you . an oration against collectors . fellow citizens , there ought some order to be taken , to rectifie the abuses and coosenages of the collectors and receivers of assessments , contributions , and the like ; for they collect and receive much more than is payed into the common treasury , so that they rob both the people and the common treasure , impoverishing the common-wealth , and dis-inabling the rulers in the discharges of necessary expences , which thefts they secretly hord up , so that in the end , if they be suffered , there will be such a scarcity of money , as there will be none to pay , nor none to receive , and like as those that hord up corn , make a dearth , so those that hord up money , make a mutiny , so that money-horders cause civil warrs , as corn-horders cause famine ; for when there is but little money stirring in the kingdome , they , that have any , are so loath to part with it , as they will rather part with their lives , and those that have none , are so greedy to have some , as they will venture their lives to get it ; and if the common treasure be empty , and the people be poor , we cannot live in security , if we have no means to provide for our safety , the kingdome will lye open to the enemy , for money or monies worth is a ward that locks up a kingdome in safety , and is a key to unlock the gates of our enemies , and sets them open for our entrance , and money or monies worth is so subtil and insinuating , as it enters into the most privy counsels of our enemies , brings us intelligence of all their designs , or makes them advise treacherously , and give counsel even against themselves , such power hath riches ! it buyes out honesty , corrupts justice , betrayes lives , nay , even souls , for men will venture damnation for the sake of money ; wherefore it is necessary , that the common treasure should be well stor'd , good common-wealth-men should be not only industrious to inrich the common treasure , but sparing in spending the common treasure , and severely punish those that indeavour to coosen and rob the common treasure , and none should be suffer'd to hord up riches but in the common treasure , which is to be spent generally for the good of all the whole kingdome , in time of necessity , as in the times of plagues , famines , and warrs , as also for the strength and power of the kingdome , for the reward of merit , advancing of trade , and such like wayes of expences , not in gay shews , and idle pastimes , nor in vain or unprofitable buildings , or the like . but if we suffer the people to be impoverish'd by these cheating , coosening purloiners , we shall never fill the common coffers , for to coofen and rob the people , is to coofen and rob the common treasure , which is the general store of the whole people , fill'd and inriched by them , to be profitably laid out for them. an oration for taxes . fellow citizens , i perceive a discontent amongst you , by your murmuring at the tax that is laid upon you , which murmuring is dangerous , for many men's murmurs may in a short time amount to the summ of rebellion , which will make a civil warr , in which warr you will lose more than you are now required to pay : but give me leave to tell you , that you are both unreasonable and unjust , for you will live in the common wealth , and yet not help to maintain or uphold it ; also you are ungratefull , as not to return a small gratuity to the common-wealth , for the many and great benefits you have receiv'd therefrom ; indeed , in denying this tax , you seem as unnatural to your country , as children who should suffer their parents to starve whilst they surfeit , which causes both their untimely deaths through want and excess ; so rather than you would abate your idle expences and vain pleasures , to pay necessary taxes , you would suffer the kingdome to be defenceless , and open for an enemy , to invade and destroy it , and your selves . but if vvords cannot perswade you , surely your rational understanding , vvife prudence , carefull providence , honest minds , and natural affections will not only make you willing and ready to pay this tax , but any other tax at any time you are taxed , which is for the common benefit , good , and safety of your country , wherein you desire to live safely , and to dye peaceably , and to lie in the graves with your fore-fathers . an oration to hinder a rebellion . noble citizens , and dear country-men , i perceive by your humours , dispositions , factions , and speeches , that you intend to rebell against your king and noble governours , indeavouring to alter the ancient government of this flourishing kingdome , that hath continued in and under the reign and rule of kings these many hundred years , which time hath confirm'd so strongly in the monarchical power , as you cannot easily make a change ; yet if you could , the action would be very unjust , unnatural , wicked , and damnable ; unjust , to force away the rights of your king ; unnatural , as not to live under the same government your fore-fathers did ; wicked , to spill the blood of your nobles ; and damnable , to spill the blood of your soveraign . thus it will be evil and dangerous , for you cannot think they will part peaceably from that power their ancestors left them , they will not become your slaves , if they can help it , nay , they will sooner part with their lives than their honours , and you are not sure of victory , for all honest men will be of their party ; yet put the case , you should have victory , you will sooner make a confusion than settle the kingdome into a republick , for the nature and constitution is not for it , as having been bred up a long time to monarchy , so that you may sooner change the nature of man into a beast , than the government of this kingdome into a republick ; and could you make it a republick , you would not be so happy as you are now , for now you are govern'd easily , without troubling your selves , but then you would be troubled , not knowing how to govern your selves , as also the common-wealth , for you must be forc'd to set up some to govern you ; and is it not better to be govern'd by your superiours , than your equals ? which equals would rule you by corrupting flattery , or terrifie you with reports of dangers , and so rule you by fear . thus by insinuations or terrors , you would be more inslaved than you are now , and poorer than you are now ; for though you commons have not power to rule as a king , yet you have wealth to spend on what you please , witness your luxuries and vanities , which if you were poor , you could not exceed in plenty as you do , insomuch as you can hardly afford god some fasting daies . besides , those sycophants and cheats , which perswade you to this change , would not only spend your wealth , but waste your lives , for they would perswade you to make warrs abroad , to keep you in subjection , for in vvarrs they command you , and in time of peace they are afraid you will command them , and rather than you should live in peace , they would corrupt your neighbours with bribes , or provoke them with injuries , to make warr with you . thus you would be inslaved by being out-witted by those , that have more brain than your selves . o foolish people , that will quit your present happiness for a voluntary slavery ! and as for a monarchical government , which you seem to be weary of , it is the most ancient and divinest , as being an imitation of god and his angels in heaven , wherein are degrees , as higher and lower , from , and to his throne ; but as god had evil angels , so our king hath evil subjects , which ought to be cast out of the kingdome like devils , as they are . an oration against civil warr. noble auditors , i perceive this kingdome hath two faces like a janus , and both look with a lowring and frowning countenance , which doth fore-shew a storm , and by your accusations and factions your hearts seem full of malice , and your heads full of design , as if you did intend each others ruine , and so the kingdom 's destruction by a civil warr , not considering that a civil warr is far worse than a forein vvarr , for against a forein enemy the whole strength of a kingdome is united to defend it self , but in a civil warr the strength is divided to destroy the whole kingdome , and so much difference there is between each warr , that a forein warr is but like an outward sore on the body , but a civil vvarr is as an inward disease even in the vital parts , which causes a consumption ; indeed , i may similizing say , that in a civil warr the kingdome doth , as if it did spit up its lungs , for civil warrs oftentimes cause famine and plagues , which is to a kingdome as a hectick leanness , heat and corruption in a man's body , which causes death and destruction . but , dear country-men , what can you propound to your selves in a civil warr ? can any man be happy when injustice reigns , and force rules ? or can any man hope to inrich himself when fury and malice makes a spoil of all ? or can any man think to advance himself , when as every particular desires and indeavours to be superiour ? for though authority may be pull'd down , yet where no single authority is suffer'd by the power of many , no particular person can be advanced , they must all continue equal , or be all destroyed to one man , and that man will only be superiour in his single person and life , but not have authority or power over other men ; for if there be none to be govern'd , it cannot be said , he governs , and when there is none to obey , there is none to command ; but should several parties choose chiefs , yet if one party should get the better of the other parties , 't is probable the chief of that party could not rule long , for there would be alwayes divisions between the head and the body of that party , and every several party of that body would be the head ; so that in effect there would neither be head nor body , but in the end the whole would be destroyed : and as for spoils , if any be gotten in civil vvarrs , the possessors have not assurance to injoy them , for spoils in civil warrs are toss'd from man to man , where every one striving to have them , not any one can keep them : and as for lands , though they cannot be removed , yet several claimers will move to them , and every one strive to posses them . thus civil vvarrs do level power and vvealth , and in the end destroy them ; and since men can neither have rest , safety , plenty , honour , or authority in civil vvarrs , it were a madness to make such vvarrs , wherein they are sure to be losers , at least no gainers ; nay , were there any thing left to be injoyed , those that never ventured in the vvarrs , would go away with the spoils ; for the ruins of a civil warr are left to succeeding ages , the quarrellers and fighters being for the most part destroyed in the warr. in truth , there is nothing so miserable , hatefull , cruel , and irreligious as civil warr , for it is an enemy against law , nature , and god , it pulls down the seats of justice , throws down the altars of religion , diggs up the urns of their parents , disperses the dust and bones of their dead ancestors , spills the blood of their fathers , sons , brethren , friends , and country-men , and makes a total destruction and dissolution , or at least their country so weak , as it becomes a prey to forein enemies , and the remainders of the natives become slaves ; so that civil warr begins with liberty , but ends in slavery . vvherefore , those turbulent spirits , that will not live in peace , but indeavour to make civil varr , ought to be hang'd to prevent it , so shall the peaceable and innocent live in safety , which otherwise will be devoured and destroyed by the merciless men in arms. an oration against a tumultuous sedition . fellow citizens , i observe a turbulent spirit , or rather a spirit of fury hath possess'd most of this city , to rise tumultuously and mutinously , as some against others , and they against them ; but what can you propose to your selves in this civil broil , or rather civil vvarr , but ruine , death , and destruction ? and by what authority do you thus ? for common , canon , and civil laws forbid you , the like doth humanity , morality , divinity , and charity ; also nature forbids you , for what is more unnatural than for fellow citizens and country-men to spill each others blood ? and if injuries have been done , and faults committed , this is not the way to rectifie them , but to the contrary , to heap faults upon faults , and injuries upon injuries ; and if it be for justice , certainly you ought not to claim justice in an unjust way ; and if for right of privileges , let me tell you , you have no privilege to make civil warr or disorders in this city , and so consequently through the kingdome , by your ill examples ; and if it be several factions of several parties , that cause this disorder , know , you may sooner destroy each others parties , than either party be victor ; and if it be through the poverty of some , and envy of others , in hope to plunder the rich , and pull down the powerfull , though your designs should have success for the present , you may chance to suffer for this disorder in the end , so as neither to injoy your plunder'd goods , nor to save your own lives , for plundering is robbing , and killing in a mutiny is murder , so that , unless you can get above the laws , the laws will accuse you ; wherefore , if you be wise , you will moderate your covetousness , qualifie your spleens , cast your arms away , and crave pardon for your faults , whilst you may have it ; but if you consider not your own lives or tranquillities , yet have pitty and compassion of your old parents , young children , chast wives , dear friends , brethren , and country , wherein infallibly many must suffer in this great disorder and outrage ; but if nothing can perswade you , heaven protect the innocent , and lay a heavy punishment upon the guilty , to which i leave you , whether i live , or dye . an oration to mutinous , yet fearfull citizens . fellow citizens , give me leave to tell you , that i did not wonder more at your sudden courages in your sudden rebellion , than i do now at your sudden fear and sudden obedience to those you rebell'd against , obeying whatsoever they command , delivering up your purses and arms in hope to get pardon for your lives ; for your fear was such , as you no sooner saw an army come towards your city as an enemy , but you presently drew up your bridges , shut fast your gates , chain'd up your streets , and run to your prayers for heavens help ; i confess , you had great reason to fear , when as a sharking needy army was at your gates , which would have fought more valiantly to get into the city to plunder , than you to keep them out from plundering ; besides , there is a castle or fort , that is built so near your city , and stands so advantagious , as the canons placed thereon can easily beat down your city over your heads ; but these things at the first you did or would not consider , resolving madly to rebell , having at that time neither fear nor wit , for before such time as you saw the army , believing it was far off from you , a stranger had he seen and heard your boasts , braggs , and bravadoes , your arming , drumming , and trumpetting , might have believed , at least thoughts , you had both valour and power equal with the old romans , that conquered all the world , but you appear'd more terrible than your were , for your deeds were not answerable to your words and behaviour , and your countenances did change with your fear ; the truth is , your courage was a rebellious courage , and your fear seems as a loyal fear , for before your enemies did appear , you did boast like souldiers , but now you ask pardon , you flatter like courtiers , yet for all your flattery you must pay for your disorders , and buy your peace with a huge summ of money : and if i should ask you why you did put your selves into a warring posture without leave or command from your king or ministers of state , you will answer me , for the defence of some of your privileges , so that for the sake of some you indanger'd all , for the readiest way and surest means to lose your privileges was to rebell against your soveraign , all which shews your ignorance , folly , and great simplicity ; wherefore , by this rebellious stirr , you have not only lost your privileges , but you are forc'd to pay more than your privileges are worth , might you injoy them , so that you must lose the one , and pay the other ; and all this loss and charge is caused through your factious humours , and restless natures , being unprofitably busie . indeed , you are like troubled waters , muddy and foul , yet it is likely , at least hoped , that the fine that is set upon you , will draw you clean , making you clear and smooth , which is , to be loyal and peaceable , only the chief misery is , that in the loss of your privileges , and payments of money , good men ( for all were not traitors , though most were ) must suffer with the bad , the fine being generally laid upon the whole city , wherein every particular must pay his share , and the loss of the privileges falls upon all , by which we may observe , that peaceable men suffer with troublers , and honest men with traitors , and it cannot easily be avoided , not only that the few that are good , are obscured , and hid amongst the many that are bad , and so cannot be easily cull'd out , but in cases of taxes and privileges , it would make a confusion in levies and partments ; thus neither good nor wise men can suddenly avoid those misfortunes that fools and knaves many times bring upon them ; but wise men did see at your first rising , arming and souldiering , that you would sooner yield to your opposers , than fight them , and rather pay for your follies , than dispute for your privileges ; for you were all body , and no head , and so consequently no brains ; but that i wonder at most , is , that so great a body as you were , should not only be headless , but also heartless , as having neither wit nor courage . wherefore , to conclude , let me perswade you , having never a head of your own , to send to your gracious soveraign to send you a head , and he will not only send you a head , but a wise head , to rule and govern you , and as for a heart , fortune in time may give you one. an oration concerning trade and shipping . dear country-men , for some small errors in the former government , and for some few oppressions by our former governours , we were discontented , and through a discontent began to murmur , then to complain , and at last to rebell , in which rebellion we enter'd into a civil warr , wherein fortune was our friend , for fortune for the most part is a friend to fools and knaves ; and though we were honest men , fighting only for our liberties , yet our enemies say , we fought for their lands and riches , having none of our own ; but let them say what they will , since we have what we desire ; the misery is only , that now we have both their wealth and power , we know not how to use it , a shrew'd sign , that we are more covetous than provident , more ambitious than wise , for every man striving to make a particular profit to himself , we shall at last bring the whole state or common-wealth to a confusion ; the truth is , that striving to make particular profits , you make a general spoil , for you cut down woods , pull down houses , set open inclosures , live idlely upon the fundamental riches of the common-wealth , not labouring to manure the land ; but if you take not care of two things , your ruine will be sooner than you imagine ; these two necessary considerations and actions , are trade and shipping ; as for trade , you give your neighbours leave to take part of it away from you , and that you trade your selves in , is so ill managed , as it brings but small profit or advantage to this kingdome ; for you trade rather like as pedlars , than great merchants ; besides , you send out of the kingdome the most profitable commodities , as those that are call'd staple commodities , and bring in the most unprofitable commodities , such as are only for vanities , and not such as are for necessary use ; also , you raise your customs to so high a rate , as the custom is beyond the profit of trade ; but could merchants gain , yet , if the gain of their far-fetched commodities be uncertain , and the customs for those brought home commodities certain , few would venture or be merchants , so that trade upon necessity must fall , and then the kingdome cannot be rich ; and as the kingdome cannot be rich without forein trade , so it cannot be safe without home shipping , which is the other necessary consideration and action ; but you do not consider enough of it , as being blinded with covetousness , regarding your particular profits more than the general safety , cutting down and making a spoil of all such vvoods , as should repair and increase shipping , which wood is oak , whereof this island had the best in the world ; indeed , there is no such oak in any part of the vvorld , but in this kingdome , which is the reason , there are no such ships in the vvorld as do belong to this island , for one of our ships is able to vanquish two or more ships of other nations , by reason our oak is not apt to cleft or splinter , being smooth , sound , and strong , besides , close , not porous or spongy ; but we for the covetousness or present gain , cut down this excellent full-grown timber to be burnt into coals for iron forges , whereas our ancestors were so carefull , as they would not cut more than was for necessity , although there was great store of it ; for , by reason this sort of wood requires above a hundred years growth , to be tall , firm , strong , close , and free from splintering , they would not cut it before the age made it fit for use , nay , our ancestors did oftner plant young , than cut down the old , and all for the sake and safety of their posterity ; but we do not consider posterity , for if we did , we should not do as we do ; wherefore , what with a standing army , no trade , and daily spoils , the kingdome will be impoverish'd , and of necessity fall to ruine . an oration for the disbanding of souldiers . senators , and citizens , if i might , i would counsel you to disband most of the souldiers , since we perceive no visible enemy ; for we have more reason to fear our own souldiers than any other power , by reason they are become so proud , and insolent with their victories , that we , that were their masters , if not speedily prevented , may chance to become their slaves , at least their servants , as their stewards and purveyors , to get them money and provision ; but were they as obedient as insolent , yet it were fit , that most of them should be disbanded , otherwise they will impoverish the common-wealth ; for there is no greater expence and charge , than to maintain an idle army , that feeds upon others labours , and is cloath'd upon others cost ; besides , they are not only unprofitable through their idleness , and chargeable to be maintain'd , but they are great destroyers with the spoils they daily make ; for their idleness makes them mischievous , so as they are insolent and proud , as we , their masters dare not speak roughly to them ; but when they are disarm'd , they will be humble , and the common souldiers will follow their former trades , and several occupations : thus the charge and expence of maintainting the army will not only be taken off , but trading will then increase , by which the common-wealth will be unburden'd and inriched , and we our selves out of danger and fear of being dispossest of our power . a souldiers oration for the continuance of their army . fellow souldiers , those , that would be our masters , if you will give them leave , will disband us , turning us out of our power by their authority , but if we submit and yield thereto , we shall not only lose our pay , at least part of it , but we shall be subject to their tyranny , ruled by their laws , and commanded by their power ; in short , we shall be their slaves , which are now their masters , our arms being stronger than their laws ; wherefore , let us keep our strength , and pull down their authority , for it were a shame for sword-men to yield to gown-men , which only love to talk , but dare not fight ; and shall their tongues wrest out the swords out of our hands ? shall their gowns pull off our arms ? shall they give law to us that are victorious ? or shall we suffer them to make ill laws , that broke good laws ? or shall we be govern'd by them , that cannot govern themselves ? shall they , that have sit in safety , when we ventured our lives , reap the profit of our victories ? shall we , that have conquered with our swords , be conquered by their vvords ? shall we , that have fought for our liberty , be subject at last to their commands ? no , fellow souldiers , let us subject them to our commands , as being their betters , and let not us , that have made our selves gentlemen by arms , noble-men by victories , and kings by absolute conquest , and so absolute power , be subject to the common cowardly rout , to parish-officers with their tip-staves , to unjust judges , corrupt magistrates , babling lawyers , foolish counsellours , city sergeants , tub-preachers , and the like ; no , we will preach , teach , decide , rule , and give the law our selves , and we having absolute power can command our pay , for every mans purse is ours ; but it is best , if it can be , to have our pay gather'd a legal way ; wherefore , let me advise , that these men , that are our seeming masters , be made our real servants and officers to raise us money and to collect it from every particular throughout the whole nation , whereby they will only get the hatred of the people , and we their money . an other oration against the former . senators , and citizens , vve that were the first studiers and stirrers to alter the government of the common-wealth , we that have pray'd , preached , and pleaded down tyrannical power , which was in monarchical hands , we that have pull'd down the nobles , and have advanc'd the lowly , inriched the poor , and impoverished the rich , shall we now be subjected and ruled by those we imployed in our service , as to lead our armies to fight our battels , and to keep our cities , towns , and forts ? shall these i say , command us , when we at first commanded them ? for you well know , this army , that is now in this kingdome , was rais'd , arm'd , and paid by our order and industry , for it was we , that combin'd , joyn'd , plotted , and contrived this warr , and by our subtility , policy , and vvisdome , we made factions and divisions , drawing thereby numbers to our party , and by our ingenuity we drain'd their purses as well as drew their persons to maintain this warr , and yet now this our army disputes with us , and are disobedient to our command , nay , they threaten to overthrow our counsels , and to put us out of our authorities , forcing the supreme power from us , which ought not to be suffered , but seriously consider'd , how we may disband them , for it is dangerous to let one and the same men continue long in arms , especially commanders , but rather to change their commanders often , lest they may gain so much the love and obedience of their souldiers , as to make them absolute ; yet i leave all to your better judgements . a souldiers oration concerning the form of government . fellow souldiers , now we are absolute masters of this kingdome , having cast out the gown men out of their power and authority , the question will be what kind of government we shall settle this kingdome in , as in a celestial , aereal , or terrestrial ; the celestial is monarchy , the aereal is aristocraty , the terrestrial is democraty ; the first is to be govern'd by one , the second by few , the third by many ; the first is to be govern'd by a king , the second by nobles , the third by commons ; but one of these governments we must settle in , otherwise all the kingdome will be in a confusion ; for if there be no order and method , there will be no rule nor government , since every one will do what he list , and then none will take care of any thing , so that there will be neither tillage nor trade , and if there be no tillage nor trade , there will be neither food nor money , for where there is no government , there can be no assurance , and who will take pains for that they are not sure to keep , or rather i may say , they are sure to lose ? vvherefore , some government we must choose , and all kinds of governments are divided into these three i have mentioned ; as for democraty , i like that the worst , for the common people is not only insolent , when they have power , commanding imperiously , condeming unjustly , advancing unworthily , but they are so inconstant , as there is no assurance in them , and so foolish , as they know not what to choose , only like little children , they will be perswaded with a flattering tongue , sometimes to reason , but oftner against reason , and sometimes against all reason and sense ; the truth is , though they seem to govern , yet they are rul'd by some particulars , as first by one , and then an other , as those that can flatter best , or rather most , by which they become slaves to an insinuating tongue ; wherefore , it is no fit government for us , for we are souldiers and not pleaders , we are fighters and not flatterers ; the truth is , that a pure democraty is all body and no head , and an absolute monarchy is all head and no body , whereas aristocraty is both head and body , it is a select and proportionable number for a good government , which number being united , represents and acts as one man , for like as many mens voices agreeing and consenting make it as one mans decree , so a proportionable number makes it as one mans ruling or governing : wherefore , this is the best kind of government for us , for so all the chief commanders in our army , being united together , may be this whole person in this aristocratical government , in which the whole power of the kingdome will be in us , and so we may govern as we shall think good . an other souldiers oration contrary to the former . dear country-men , and fellow souldiers , vve are disputing with our selves , what government we shall agree upon , whether democraty , or aristocraty , or monarchy , and i perceive you are inclin'd to aristocraty , because that government gives room for all the chief commanders to share in the government ; but give me leave to tell you , that we shall never agree in that government , for though we should be fellow states-men , as we be fellow souldiers , yet if we be fellow governours , we shall ruine the common-wealth and our selves ; for we shall be like as a kingdome divided in it self , which the holy writ says , cannot stand , so we shall be divided amongst our selves , striving which shall bear sway ; wherefore , i am of the opinion , that monarchy is the best and safest government ; for as there be many dangers , and but one courage , many miseries , and but one patience , many appetites , and but one temperance , many injuries and wrongs , and but one justice , many cheatings and coosenages , and but one honesty , many falshoods , and but one truth , many creatures , and but one creator , so where there are many subjects , there ought to be but one governour , which is a king , and he to have the soveraign power . an other oration different from the two former . fellow souldiers , the two former orations were , one for aristocraty , the other for monarchy ; but i am of an opinion , as to have neither an absolute aristocraty , nor a monarchical government , but a government that shall be mixt of the two former , as neither to have it perfect monarchy , nor perfect aristocraty , but mixt of both ; for as the nobles are as the head , to guide , direct , rule , and govern the common people , which are as the body ; so a king , or a chief governour , is as the brain to that head , for without a brain the head would be but as an empty scul , and without a head and brain the body would be but as a senseless block ; wherefore , a king or chief ruler , joyn'd to a grand counsel , is the best government of all , for the grand counsel is the eyes , ears , nose , mouth , and tongue , for and in the common-wealth , to spie our errors , to see advantages , to hear complaints , to smell out dangers , and to advise , counsel , and speak for and of that , which will be best for the common-wealth . the king , as the brain , is to consider , reason , judge , approve , and conclude of what the council hath seen , observed , heard , found , and spoken ; wherefore , let us choose out one amongst us to make an elective king , and he to give judgement , drawing all the several opinions , debates , and disputes to a conclusion , otherwise we shall have a division amongst us , for we shall reason and discourse of many things , but conclude not any . an oration , which is a refusal of an absolute power . kind country-men , you have exprest not only your good opinion of me , but your extraordinary love , by the honour you intend me , in making me your absolute governour and ruler , which is to be your king in effect , though not in name , which honour i neither desire nor deserve , for i never did my country so much service , as to merit such an honour , neither have i those abilities , or capacities of knowledge , understanding , ingenuity , and experience , as are required for to manage and govern a kingdome , and to conform the divers and different humours , extravagant appetites , unruly passions , various dispositions , and inconstant natures of a numerous people , and head-strong multitude , to a setled order and obedience , as which is apter to set up authority , and pull down authority , than to obey authority ; but had i those abilities , and wisdome to govern , and were the whole nation as ready and willing to obey , and as industrious and carefull to perform all my commands , and were devoted wholly to my rule and government , yet considering the trouble and continual labour in the imployment and affairs of the state , and the cares and perturbations in the mind , concerning those affairs , as the maritime , martial , and judicial , as also the civil , common , and canonical , besides the forein , and home affairs , as trade , and intelligence , and the like ; i should not willingly take upon me that power , for a kingly power is a slavish life , especially if he governs as he ought to do , as to be the chief actor and over-seer himself , not trusting those affairs to the government and ordering of some whom he favours , only keeping the name and title to himself , quitting the labour and trouble to others ; for he will not have much spare time for himself , either for soul or body ; the truth is , a good governour is to be a trusty , industrious , laborious royal slave ; but if he be a tyrant , he inslaves the people ; and though i am willing to take any pains , and to imploy all my time , or to lose my life or liberty for the sake or service of my country , yet , by reason i am not capable to govern , nor fit to rule so large a nation and many people , i cannot take this great charge upon me , but most humbly desire you to excuse me , and choose some other , who may better deserve it , and may more wisely govern it , that it may flourish in it self with peace and plenty , and be renowned and famed through all the world , to which end , let me advise you to choose one that is born a king , and bred a king , who will rule and govern magnificently , majestically , heroically , as a king ought to do. an oration concerning disorders , rebellion , and change of governments . dear country-men , you know well , without my repeating , that monarchy is a government of one , aristocraty of some , and a republick of most , or rather all ; also you have found by wofull experience , that this kingdome hath been toss'd from one sort of government to an other , that it is now so exhausted , as to be almost expir'd : it was at first monarchical , where in a long peace flattery , vanity , and prodigality , got into the monarchical court , all which caused poverty , and so injustice , ( for poverty and necessity is all times a page to prodigality , ) which caused the selling of all offices and places of judicature , for those that buy dear , are forced to sell dear , and this caused exactions and extorsions , besides , bribes given and bribes taken , insomuch , that no justice was done for justice sake , but bribes sake , and they , who gave the greatest bribes , had their sute or cause judged of their side , whether right or wrong ; nay , many judges and officers were so ignorant , as they knew not how to judge rightly , or execute any publick affairs , as they should have done , had they a will to do honestly ; but how should they do either wisely , knowingly , or honestly , being not chosen for parts , abilities , understanding , or merit , but by paying so much money ? this fault in government was a great grievance ; also monopolizers ingross'd several and almost all commodities in the kingdome , hightning their price as they pleased , which hindred the general trade and traffick , and this was an other great grievance ; also there were great taxes laid upon the people and kingdome , which was an other grievance ; moreover , needy poor courtiers would beg that which ought not to be granted , or accuse some rich men to get some of their estates , at least to get a bribe to be freed ; all which begot such dislike and hatred , that the whole kingdome rebell'd with such a fury , as they pull'd down monarchy , and after much blood was spilt in the vvarr , they set up a repulick , in which government the commons chose the magistrate and officers of state , for which the commons were grossly flattered by the nobler sort , which vice of flattery became a studied and practised art , by which the chief men became most elegant and eloquent orators , every man striving to out-speak each other ; but this practice and strife begat ambition and envy in the better sort , and pride in the commons , which pride was hightned by their power , to make peace or warr , to choose magistrates and officers , to pull down or advance , to give life or death , to banish or recall , to condemn or reprieve ; and all this power lay in their voices . o powerfull voice of a headless monster ! this power caused the brainless people to be so proud , and withall so envious , as also malitious to those men that had merit and worth , having none themselves , as they would often banish , if not put to death their generous nobles , valiant commanders , and wise magistrates , as also those that were more rich than their neighbours ; besides , they would advance mean and worthiless men , such as were of their own degree and quality , to places and offices of dignity , which discontented the nobles , and that discontent bred a faction betwixt the commons and nobles , which faction being increas'd by the friends of the banished or executed persons , brought forth a civil warr , long was the strife , but at last the nobles got the better , and then the state or government became aristocraty , in which government for some time they liv'd agreeable , and govern'd justly and orderly , but by reason aristocraty is a government of some of the nobles , and not of one , they could not long agree , every one striving to be chief and most powerfull , insomuch that through envy and ambition they would cross and oppose each other ; for some would keep peace with their neighbours , others would make warr , and some would have such or such laws made , others would not , some would have some old laws abolished or dissolved , others would oppose them ; neither was justice executed as it ought , for some would punish those , that others would save , some would reward those , that others would disgrace : thus every one was striving for supreme power , although they did hinder one an other , and by the means of doing and undoing , decreeing and opposing , the people could not tell whom to address their sutes , causes , and grievances to , for what one spake for , an other would speak against , till at last by their pulling several wayes the aristocratical government broke in pieces , and then those nobles set up each one for himself , and so there became another civil warr , long was that warr , for some times one had the better , and then an other , and some times two or three sides would joyn against the rest , and then most against one , but now at last they being weary with warr , yet know not how to agree in a peace , insomuch , as we have neither warr , nor yet peace , nor any setled government ; the truth is , the kingdome is like as the chaos and confused substance , and there is no way to bring it to an orderly form , but to have a native king , to bring light out of darkness , that we may see our own errors , and reform our faults and hereafter live happily under the government of a good and wise king , which i prav the gods to send you . an oration to a discontented people . noble citizens , and dear country-men , after many disorders , several governments , cruel warrs , much losses , and almost absolute ruine , we desire to associate and agree in a peace with our first government , which was monarchy , a government our forefathers chose for the best ; but our natures , i may say mankind , are so restless , as never to be contented with what we have , were it the best ; for should the gods reign and rule visibly upon earth , we should find fault , and be apt to murmur , if not rebell against them ; wherefore i fear , we shall never continue long in peace , if a celestial power cannot perswade us , a terrestrial will never be able to keep us in order ; for if mankind desire to be above the gods , a fellow creature will never be satisfied with any power , nor the rest of men will never be satissied with any government , so as we shall never live in a setled peace in this world , nor never dwell peaceably but in the grave , nor never be happily govern'd , but by that grim and great monarch death . an oration in complaint of the former . noble citizens , and dear country-men , the former orators oration , although it was short , yet it was sharp , for though it was but a dagger for length , yet it was a sword for death , for he partly perswaded men to dye voluntarily , to dwell in the grave peaceably , a cruel perswasion , and a wicked one , for death is the punishment of sin , and shall we imbrace our punishment without hopes of redemption ? shall we dye before a repentance and amendment ? but surely he believes after this life there is none other , but that is more than he knows or can prove , for i am confident , he hath no intelligence from death , for death is so obscure , that there is not any that goes to him , which ever returns from him into this world ; but setting aside the former orator and his oration , give me leave to tell you , that you are in the way of being happy , in that you are resolved to agree peaceably under a monarchical government , and to have a king , who shall have absolute government , which government , king and power , is a type of heaven , god and his omnipotency , and i hope we shall all prove as angels and saints , for which i pray god to grant , that we may live in unity , peace , and love. a kings oration or speech to his subjects . beloved subjects , and i hope you will prove such , you are return'd to your obedience , and i to my rights , after along absence the one from the other ; but since your loyalty and my royalty have been parted , we were never happy , nay , we were never out of misery , and whose fault was it , that caused such miseries ? you in the time of rebellion laid the fault on me , and i on you , which was a sign we were of either side guilty , but of your side most ; for though a king may err in his government , yet a people errs more in their rebellion , for the greatest tyrant that ever was , was never so destroying or cruel , as a rebellion or civil warr , for this makes a dissolution , whereas the other makes but some interruptions , but now we have found our errors , we shall mend our faults , i in governing , you in obeying , and i pray the gods to bless us with industry and uniformity , unity and love , plenty and tranquillity , that this kingdome and people may flourish in all ages , and have a glorious fame throughout the world. a generals oration to his chief commanders . fellow souldiers , and gallant commanders , i have required your assembly at this time , to perswade you to practise both riding and fencing , when you have spare time from fighting ; for it is impossible you should atchieve any brave or extraordinary actions by your single persons in the day of battel , unless you be excellent and skilfull in the manage of your horses , and in the use of your swords , for your horses well managed and well rid , shall not only overthrow your opposites as man and horse , that are ignorant in the art , but any one of you will be able to disorder an enemies troop ; 't is true , an ignorant horsecommander hath less assurance than a footcommander , besides it is a double labour , and requires a double art , as to manage a horse and to use a sword skilfully at one time , but then he hath a double advantage , if he can ride well , and hath a good managed horse , that obeyes well the hand and the heel , that can tell how to turn , or to stop on the hanches , or to go forward , or side-wayes , and the like : the truth is , a good horse-man , although not so well skill'd in the use of the sword , shall have advantage of an ignorant horse-man , although well skill'd in the use of the sword ; but to know both arts is best for a good horsesouldier . as for foot commanders , they must chiefly , if not only , practise the use of the sword , for it is the sword that makes the greatest execution ; for though neither horse nor sword is either defensive or offensive against canon bullets , yet they are both usefull against bodies of men ; for all sorts of bullets , either from canons , muskets , or pistols , will miss ten times for hitting once , whereas an army when joyning so close as to fight hand to hand , the sword is the chief and prime executor , insomuch , that a sword skilfully or artificially used , hath the advantage over the strength of clowns or their clubs , or the but-ends of their muskets . wherefore , a compleat souldier should be as knowing and well practised in the use of the sword and the management of his horse , as in drawing up a body of men , and setting or pitching an army in battel aray ; for by the fore-mentioned arts you will make a great slaughter , and a quicker dispatch to victory , and gain a great renown or fame to each particular person , that are so well bred or taught to be horse-men and sword-men . scholastical orations part xv. a sleepy speech to students . fellow students , who study to think , and think to dream ; as there are three sorts of worlds , so there are three kinds or sorts of life , viz. the material , poetical , and drowsie world , and the dreaming , contemplating , and active life ; but of all these three worlds and three lives , the drowsie world and dreaming life is most wonderfull , for it is as a life in death , and a death in life ; and this drowsie world and dreaming life is a type of an unknown world , and an unknown life , for sleep is a type of death , and dreaming is a type of the rewards and punishments in the other world ; good dreams are like as the rewards for the blessed , and bad dreams are like as punishments for the wicked , the one receives pleasure and joy , the other fear and torments , and these joys , pleasures , fears , and torments , are as sensible to the senses , and as apparent to the understanding and knowledge , as when awake ; also memory and remembrance , and the same appetites and satisfactions are as perfect in dreams as when awake , the passions of the mind as forcible ; the dispositions and humours of the nature as various , the will as obstinate , the judgement as deep , the vvit as quick , the observation as serious , reason as rational , conception as subtil , courage as daring , justice as upright , prudence as vvary , temperance as sparing , anger as violent , love as kind , fear as great , hopes and doubts as many , joys as full , hate as deadly , faith as strong , charity as pitifull , and devotion as zealous in perfect dreams as awake : also they are as uncharitable , vvicked , foolish , cowardly , base , deboist , furious , and the like in perfect dreams as awake ; but dreams in sleeping senses are shorter , than the actions of vvaking senses , and not so permanent , for they suddenly fade , and their sudden fading oftentimes makes a confusion and more disorder than in the vvaking and active life ; but to speak of the sleeping senses generally and particularly , have we not the same appetites , and satisfactions ? are not we sensible of dying , living , suffering , injoying , mourning , weeping , rejoycing , laughing ? are we not as sensible of pain and ease ? of accidents , misfortunes , dangers , and escapes in dreams , as in active life ? for if we dream of thieves and murderers , are not we sensible of the loss of our goods , and of our bonds , and wounds ? do we not see our loss , feel our bonds , and the smarts and pains of our wounds as much as if we saw and suffered awake ? and do not we indeavour to help our selves ? and do not we beg for life , call for help , and strive with resistance as much in dreams as awake ? though not vocally , verbally , locally , nor materially , yet spiritually , for it is the sensitive spirits and not the senses gross bodies or parts that travel into forein countries , and unknown lands , and make voyages by sea in dreams ; do not we hear and see in dreams lightning , thunder , wind , storms , and tempest , seas , billows , waves , ships , ship-wracks ? and are not we drown'd in dreams ? and do not we see huge precipices , barren deserts , wide forests , and vvild beasts and serpents , and other hurtfull creatures , and indeavour to escape and avoid the danger ? do not we feel stinging serpents and flies , striking , tearing , clawing , biting beasts , as sensibly in dreams as awake ? do not we see flowry meddows , low vallies , high hills , corn-fields , green meddows , grazing pastures and beasts , clear springs , fruitfull orchards , and small villages , labouring husbandmen , great cities and many people ? do not we see light , colours , sun , moon , stars , clouds , rain , frost , snow , hail , shade , dawning mornings , and closing evenings , in dreams , as awake ? do not we see fish swim , birds fly , beasts run , vvorms creep , in dreams , as awake ? do not we see our friends living , and our friends dying , and those that be dead , in dreams , as awake ? do not we feel drought , vvetness , heat , cold , itching , scratching , smarting , aking , biting , sickness , in dreams , as awake ? do not we hear all warring sounds , and see all warring actions , and feel all warring miseries ? do not we see courts , balls , masks , beauties , playes , and pastimes ? do not we see musical instruments , and hear harmonious musick , and several tunes , notes , airs , words , voices , distinctly ? do not we see feasts and bankets , and do not we taste the several meats distinctly , not only fish , flesh , and fowls , but distinctly every sort and particular taste of every part , also the ingrediences of the sauces and their particulars in them ? and do not we taste bitter , salt , sour , sharp , and sweet , distinctly in dreams , and the several sorts of them ? and do not we smell the several perfumes , that are by art and nature made , as also the several stinks , in dreams , as awake ? and for desires and ambitions , would we have our dead friends living , have we not them in dreams ? or can we see and converse with them , or they to us , as if they were alive , but in dreams ? nay , in dreams we may rejoyce with them , feast with them , sport and play with them , ask their advice , or give them advice , and the like ; would we have a beautifull mistress , or many several mistresses of different beauties , behaviours , births , fortunes , wits , and humours , have not we them in dreams ? would we injoy a mistress , do not we so in dreams ? would we be rich , noble , generous , valiant , are not we so in dreams ? would we see the ruine of our enemies , do not we so in dreams ? would we have our enemies dye or be kill'd , do not they dye or are slain in dreams ? would we have stately palaces , have not we so in dreams ? would we feed luxuriously , do not we so in dreams ? would we live riotously , do not we so in dreams ? would we view our selves , as to see our faces and bodies , do not we so in dreams ? would we ride , race , hunt , hawk , and have the like pastimes and exercises , do not we so in dreams ? would we win at carts , do not we so in dreams ? would we fight duells and battels , and have victory , have not we victory in dreams ? would we conquer all the vvorld , do not we so in dreams ? would we be emperour to rule and govern all the world , do not we so in dreams ? but as i said , that there are pleasing and delightfull dreams , so there are displeasing and fearfull dreams , and there is as much trouble , disorder , and opposition in the sleepy or drowsie world , and as much discontent , faction , detraction , defamation , troubles , and the like , in this dreaming life , as there is method , order , agreement , praise , trust , and the like , therein ; yet for all that , this drowsie world and dreaming life is the best of the three ; for can there be greater pleasure in the material world and active life , than rest to the vveary limbs , and sleep to the tired senses , which have been over-power'd with gross objects , which have laid heavy burthens on them ? or can we injoy any thing so easily , freely , suddenly , without actual trouble , as we do in dreams ? or can we be quit of all sorts and kinds of trouble and labour , but by sleep ? wherefore , if dreams were but more constant and of longer continuance , and that we should alwayes dream pleasing dreams , the greatest happiness , next to the blessed life in heaven , were to sleep and dream , for it would be much more pleasant than the elyfian fields . the next vvorld and life that were to be preferr'd , were the poetical world , and contemplative life , but all the senses are not sensible in the contemplative life , whereas all the senses are as sensible in the dreaming life , as awake ; the truth is , the poetical vvorld , and contemplative life , is rather a vvorld for the thoughts , and a life for the mind , than the senses , yet if the senses were as sensible in contemplation as in dreams , it would be the best life of all , because it might make the life what it would , and the pleasures of that life to continue as long , and to vary as oft as it thought good , and for the poetical world or rather worlds , they would be a delight to view as well as to live in . a waking oration of the former sleepy discourse . fellow students , our brother in learning , or rather dreaming , hath commended that which is an enemy to study , viz. sleeping and dreaming , wherefore in the drowsie world , and dreaming life , there be no scholars , for they cannot sleep to study , nor dream so much as to be very learn'd ; neither are there poets , for poets live altogether in their own poetical world , and contemplative life ; neither are there eloquent orators , for dreams will be faded before an oration is half spoken , or else the subject of their oration will be lost in the variousness of dreams ; neither can there be pleaders at the barr , nor preachers in the pulpit , for their text and cases may be altered in a moment of time , from gospel to a romancy , from law to riot ; neither can there be justice on life and death , for by the alteration of dreams the thief may escape , and the honest man hang , or the judge may hang himself ; neither can there be a setled government in dreams , for the government may end in a piece of a dream , or instead of a common-wealth of men , be a forest of wild beast ; neither can there be wise counsellours , or grave states-men , for their gray faces and gray beards may be chang'd into monkies faces and goats-beards , and the wise counsellours in the midst of their serious advices may on a sudden sing a wanton song , or else there may suddenly appear a tumultuous monster , or a monstrous tumult , where in a great fright they will run from their council-bord or senate-house ; and as for school arguments and disputations , they are quite banished , and for lovers , a hundred to one , that when a dreaming lover is imbracing a young fair lady , she suddenly turns into an old ill-favoured vvitch , or for a plump , smooth , smiling venetian courtisan , he chances to imbrace grim death's bare ratling bones , which will fright a lover more than a fair mistress can delight him : and as for dancing balls , and french fiddles , when the gallants in dreams are dancing in smooth measures , and with fair ladies , and the musick keeping tune to the dancing time , on a sudden the courtly dancers or dancing courtiers turn topsie turvy , dancing with their heads downward , and heels upward , a very unbecoming posture for fair-faced ladies ; and as for the musick , that is quite out of tune , and the fiddle-strings broken , and the musicians as mad as march-hares , and many other such like disorders , confusions , and extravagancies , as asses heads or bulls horns set on mens bodies , or a wood-cocks head to an asses tail , as also men turn'd to beasts , birds , and fish ; also walking woods and trees ; but set aside the extravagancies , deformities , and monstrosities in dreams , yet there are more bad dreams than good , more fearfull than delightfull , more troublesome than quiet , more painfull than easie ; wherefore , the dreaming life is a worse life than any , and the drowsie or sleepy world is only good for dull , lasie , unprofitable creatures ; and as the dreaming life is the worst , so the contemplating life is the best , and the poetical world the pleasant'st , for all wise , witty , learn'd , ingenious , good , and pious men dwell all in the contemplative life , and for the most do lovers of all sorts , especially amorous lovers , for they take more pleasure to think of their mistresses , than to speak with their mistresses , for they can entertain the idea of their mistresses a long time with great delight , whereas they grow soon weary of their real persons . thus the contemplative life is best , for true pleasure and delight is not in the senses , but in the mind , for delights and pleasures are but passengers through the senses , and inhabitors in the mind ; besides , whatsoever the senses have injoy'd , lives in the mind after their injoyment , and though the like is for pains and surfeits , yet the mind may fling them out , or if it fling them not out , yet it may fling them aside from troubling it , and though the mind cannot satisfie the gross appetites of the senses , yet those satisfactions live in the mind , when as the senses , though they would , cannot longer injoy them ; the truth is , that the senses are but as hired labourers , not owners , they are actors , not possessors , for the mind is the lord of all , and not only possessor and lord of all the satisfactions of the appetites , and the objects and subjects of the senses , but it is lord of that which the senses cannot know , being beyond their capacity , having a power of forming , composing , altering , changing , making , continuing , prolonging , keeping , putting away , or destroying whatsoever it pleases : all which makes the contemplative life the best , being happiest and pleasant'st ; and as for the poetical world , it is the most splendorous world that is , for it is composed of all curiosities , excellencies , varieties , numbers , and unities : in short , it is a world that is extracted out of infinite wit , ingeniosity , judgement , experiences , understanding , knowledge , and good nature , it is the heaven , and contemplation is the spiritual life in this poetical world. of parts and wholes . fellow students , the question in the school at this time is , whether a part taken from a whole , remains a part after the dividing or separating , or becomes a vvhole of it self , when it is divided ; some are of the opinion , that after a part is divided from the whole , it is no longer a part of such a whole , either of figure or matter , but is a whole of it self ; but if it be as we believe , that the bodies of men shall have a resurrection , then it proves that the several divided , separated , and dispersed parts , with their joyning and consistent motions and essential powers , shall meet and joyn to make the whole body ; which proves , that although parts be separated , yet they are parts of such , or such a whole body or figure ; also they remain distinctly in nature , as parts to such a body , otherwise they could not return at the resurrection so readily , to compose the vvhole by the joyning and uniting of every part into one whole body . but to conclude , as all creatures are parts of infinite matter , so the divided parts of every creature are parts the whole figur , or body of every creature and as there is infinite matter , so infinite creatures , and infinite parts , and infinite figures of every and in every part and whole . an other of the same subject . fellow students , the former student indeavours to prove that parts pertain to their wholes , and i may indeavour to prove that wholes pertain to parts , as much as parts pertain to wholes , for there can be no whole without parts , nor no part without a whole ; but howsoever , all parts and wholes of every creature were from all eternity , and so consequently shall be to all eternity , for as they were , so they will be ; for if such matter , motions , powers , creatures , parts , and figures , had not been formerly in nature , they would , nor could not have been in nature's power at this time to produce them : but some might question what nature is ? i might answer , that nature is matter , motion , and figure : then some might question , what power nature hath ? it might be answered , nature hath power to create , and uncreate : again , others might ask , who gave nature that power ? it might be answer'd , that natures power proceeds from infinite and eternity , and that it is not a gift : and some may question , how infinite and eternity came but that is such an infinite question , as not to be answered : for whatsoever is infinite and eternal , is god , which is something that cannot be described or conceived , nor prescribed , or bound , for it hath neither beginning nor ending . of the soul. fellow students , the argument at this time is to prove , whether the soul be a thing or nothing , a substance or no substance ; some of our fellow students indeavour to prove the soul nothing , as not to be a substance , but , as they call it , an incorporeal thing , because it alters or forms every thing to its own likeness , or as it pleases ; for say they , whatsoever the senses bring corporeal , the soul makes incorporeal ; but it may be answered , that fire makes all things or at least most things or substances like it self , so long as it works on combustible matter ; and shall we say , or can we believe , that fire is an incorporeal thing , because it transforms most things into its own likeness ? wherefore , my opinion is , that the soul is a substance , yet such a substance , as to be the rarest and purest substance in nature , which makes it so apt to ascend , as to make the brain the residing place ; it is the celestial part of man , whereas the body is but the terrestrial part. a speech concerning studies . fellow students , vve study to argue , and argue to study , for the chief design of our study is only to dispute , either by the tongue , or pen , or both ; but all disputes are more full of contradictions than informations , and all contradictions confound the sense and reason , at least obstruct the understanding , and delude the judgement ; for it keeps the one from a clear insight , and the other from a setled conclusion ; so as we argue rather to make our selves fools , than to make our selves wise. an other of the same subject . fellow students , the former student speaks against arguing and disputing , and so in effect against study and learning ; but to what purpose should we study or learn , if we did not inform each other of our conceptions , or at least our opinions , which are bred or learned by our studies ? also what advantage should vvise , or subtil , or eloquent orators , or great schoolmen have , if they had not studious disciples to follow them , admire , praise , and imitate them ? but as it is honourable to be learn'd , so it is wise to learn , for knowledge is gotten by information , and the best informers are wise books , which books must first be read and studied , before they can be understood ; also arguing and disputing is a great increase of knowledge , for it distinguishes truth from falshood , clears the understanding , quickens the wit , and refines the language ; it exercises the memory , makes the tongue volubile , and the speech tunable ; and if it were not for study , learning , and practice , there would neither be religion , law , nor justice , neither would there be preachers , pleaders , nor general orators ; for should study be neglected , and arguments rejected , men would intime degenerate their kind from being men to be like beast , whereas learning makes men divine , as to resemble god and nature , in knowledge and understanding ; also it makes men in some things creators , as in conceptions , imaginations , fancies , arts , and sciences . an other concerning the same subject . fellow students , the former student contradicted the first students speech , and if i should contradict this second students speech , as he did the first , it would be the perfect figure , picture or character of controversie and controversers ; and if every disputant or arguer should contradict each other , in time there would be a great confusion , not only in the schools , but in the minds of men , and not only in the minds , but in the souls of men ; for if every controverser or disputer were of a several opinion , and those opinions should be concerning religion , there would be more several religions , than the son of god , as he was man , could decide or judge at the last day ; but all controversers in divinity , are apt to breed atheism ; wherefore , it were very necessary , that all divine scholars , or scholars in divinity , should agree on one ground and substantial belief , otherwise the world in time will be confounded in factions , and damned through atheism . an other concerning the same subject . fellow students , our former fellow in learning , perswades us to an impossibility , as that all men should agree in one opinion or belief , but how can that be ? since by , and in nature , all men , especially scholars , are so opinative , and conceited of their own wit and judgement , as that every man thinks himself as vvise as his neighbour , and that his opinion may be as probable , and his belief as well grounded as an other mans ; and they have reason , for , why may not i think i am as wise as an other , and why may not an other think himself as wise as i , and yet be both of different opinions ? and though our opinions be different , yet our degrees of judgement may be equal ; for i do not perceive , that nature hath made any one man to transcend all other men in vvisdome , for natures gifts are general , and not particular , and if any one man should say , he is inspired from heaven , how can we believe him , when as we cannot tell , whether he be so or not ? also it is as difficult , to find out an other man to judge of his inspiration , as to know whether he be inspired . wherefore , to conclude , all mankind will never agree of one teacher or judge , and so not of one opinion or belief . an other of the same subject . fellow students , vve complain of the differences in our arguments , disputes , and opinions , but we never complain of the subjects of our studies , arguments , or disputes , for we spend our time , and wear out our lives in our studies and discourses , to prove something nothing , as witness , motions , notions , thoughts , and the like ; nay , all scholars and student , indeavour to make or at least to perswade us to believe , that our rational souls are nothing , a incorporeal , which is , to have a beeing , but not the substance of a body , which is as impossible , as to be a body , and no body ; also they indeavour to make the matter of the universe to be nothing , as that it is made of nothing , and shall return to nothing ; the worst of all is , that they dispute so elevating , as to make all divinity like as a logistical egg , which is nothing ; but if they could make sin and punishment nothing , their arguments would be something , whereas now their arguments are empty words , without sense or reason , only fit for fools to believe , and wise men to laugh at ; but i wish that our studies and arguments may be such , as to benefit our lives , and not such as to confound our saving belief . the table of all orations and speeches contained in this book . part i. orations to citizens in a chief city concerning peace and vvar. a proefatory oration fol. an oration for warr fol. an oration for peace fol. an oration against warr fol. an oration perswading to the breach of peace with their neighbour-nation . fol. an oration against the breaking of peace with their neighbour-nation . fol. an oration to prevent civil warr fol. an oration to send out colonies fol. an oration concerning shipping fol. an oration for contribution fol. an oration to perswade a city not to yield to their enemies fol. an oration for those that are slain in the warrs , and brought home to be buried . fol. part ii. orations in the field of warr. an oration from a besieged city , ready to yield , or else to be taken fol. a common souldiers oration to take the city by force fol. an oration to those souldiers that are against an agreement with the citizens fol. an oration to souldiers after the loss of a battel fol. an oration to souldiers in necessity fol. an encouraging oration to fearfull souldiers fol. an oration to souldiers that fled from their enemies fol. an oration to run-away souldiers , who repent their faults fol. a mutinous oration to common souldiers , by a common souldier fol. an oration to stay the souldiers from a mutinous return from the warrs fol. a generals oration to his mutinous souldiers fol. a commanders refusing speech to mutinous souldiers , who deposed their general , and would choose him in his place fol. a generals oration to his evil designing souldiers fol. an oration to souldiers , who have kill'd their general fol. an oration to souldiers which repent the death of their general fol. an oration to distressed souldiers . fol. part iii. orations to citizens in the market-place , after a long time of warr. an oration to a dejected people ruined by warr. fol. a conforting oration to a dejected people ruined by warr fol. an oration for re-building a city ruined by warr fol. an oration for building a church fol. an oration perswading the citizens to erect a statu in honour of a dead magistrate fol. an accusing oration for refusing the office of a magistrate , and so neglecting the service of the common-wealth fol. an excusing oration in answer to the former fol. an oration against some historians or writers of state-affairs or policy fol. an oration concurring with the former fol. an oration somewhat different from the former fol. an oration against those that lay an aspersion upon the retirement of noble men fol. an oration for liberty of conscience fol. an oration against liberty of conscience fol. an oration proposing a mean betwixt the two former opinions fol. an oration reproving vices ibid. an oration concerning the forein travels of young gentlemen fol. an oration concerning playes and players . fol. part iv. several causes pleaded in several courts of judicature . accusing and pleading at the barr before judges , for and against a woman that hath kill'd her husband fol. a cause of adultery pleaded at the barr before judges fol. a cause pleaded at the barr before judges concerning theft fol. a cause pleaded before judges betwixt two bastards fol. a cause pleaded before judges between an husband and his wife fol. a widdows cause pleaded before judges in the court of equity fol. a cause pleaded before judges betwixt a master and his servant fol. two lawyers plead before judges , a cause betwixt a father and his son. fol. part v. speeches to the king in counsel . a privy-counsellours speech to his soveraign fol. a petition and plea at the council-table , before the king and his counsel , concerning two brothers condemned by the laws to dye fol. a speech of one of the privy-counsellours , which is an answer to the former plea and petition , together with the petitioners reply , and the kings answer fol. , . a privy-counsellours speech to the king at the council-bord fol. a privy-counsellours speech to his soveraign concerning trade fol. an oration to his majesty for preventing imminent dangers fol. a privy-counsellours speech to the king of the council-bord fol. a privy-counsellours speech to his majesty at the council-bord fol. a privy-counsellours speech to his majesty at the council-table fol. a privy-counsellours speech to his majesty at the council-bord fol. part vi. orations in courts of majesty from subjects to their king , and from the king to his subjects . complaints of the subjects to their soveraign fol. the subjects complaint to their soveraign of the abuses of their magistrates fol. a kings speech to his rebellious rout fol. a kings speech to rebellious subjects fol. a kings speech to discontented subjects fol. a kings speech to his rebellious subjects fol. a recantation of the poor petitioning subjects fol. repenting subjects to their soveraign fol. a kings speech to his good subjects . fol. part vii . speeches of dying persons . a kings dying speech to his noble subjects fol. a daughters dying speech to her father fol. a souldiers dying speech to his friends fol. a dying speech of a loving mistress to her beloved servant fol. a forein travellers dying speech fol. a lovers dying speech to his beloved mistress fol. a sons dying speech to his father fol. a young virgins dying speech fol. a husbands dying speech to his wife fol. a common courtisan's dying speech fol. a vain young ladies dying speech fol. a fathers speech to his son on his death-bed . fol. part viii . funeral orations . an oration to the people , concerning the death of their soveraign fol. a young noble-mans funeral oration fol. a generals funeral oration fol. a judges funeral oration fol. a sergeant or barresters funeral oration fol. a magistrates funeral oration fol. a funeral oration of a student fol. a funeral oration of a divine fol. a funeral oration of a poet fol. a funeral oration of a philosopher fol. a funeral oration of a dead lady , spoken by a living lady fol. a foreiners or strangers funeral oration fol. a post-riders funeral oration fol. a young virgins funeral oration fol. a young new-married wife's funeral oration fol. a widdows funeral oration fol. an other widdows funeral oration fol. a young child's funeral oration fol. an old ladies funeral oration fol. an ancient man's funeral oration fol. an old beggar-womans funeral oration fol. a young brides funeral oration fol. a child-bed womans funeral oration fol. a souldiers funeral oration fol. an oration concerning the joyes of heaven , and torments of hell fol. an oration to a congregation fol. an oration to a sinfull congregation fol. an oration which is an exhortation to a pious life . fol. part ix . marriage orations . a marriage oration to a congregation , and a young bride and bridegroom fol. a marriage oration to a congregation , and an old bride and young bridegroom fol. a marriage oration to a congregation , and a young bride and aged bridegroom fol. a marriage oration of two poor servants . fol. part x. orations to citizens in the market-place . an oration against excess and vanity fol. an oration contradicting the former fol. an oration against usurers and money-horders fol. an oration concerning the education of children fol. an oration concerning the plague fol. an oration against idle expences fol. an oration for men to please themselves fol. an oration against vice-actors fol. an oration against a foolish custom fol. an oration against the liberty of women fol. an oration for the liberty of women . fol. part xi . containeth seven femal orations , from page . to page . part xii . nine orations in country market-towns , where country gentlemen meet , from page . to page . part xiii . orations in the field of peace . a peasants oration to his fellow clowns fol. a peasants or clowns oration spoken in the field of peace , concerning husbandry fol. a peasants oration to his fellow peasants fol. a peasants oration to prove the happiness of a rural life fol. part xiv . orations in a disordered , and yet unsetled state or government . an oration against taxes fol. an oration contrary to the former fol. an oration against collectors fol. an oration for taxes fol. an oration to hinder a rebellion fol. an oration against civil warr fol. an oration against a tumuliuous sedition fol. an oration to mutinous , yet fearfull citizens fol. an oration concerning trade and shipping fol. an oration for the disbanding of souldiers fol. a souldiers oration for the continuance of their army fol. an other oration against the former fol. a souldiers oration concerning the form of government fol. an other souldiers oration contrary to the former fol. an other oration different from the two former fol. an oration which is a refusal of an absolute power fol. an oration concerning disorders , rebellion , and change of government fol. an oration to a discontented people fol. an oration in complaint of the former fol. a kings oration or speech to his subjects fol. a generals oration to his chief commanders . fol. part xv. scholastical orations . a sleepy speech to students fol. a waking oration of the former sleepy discourse fol. of parte and wholes fol. an other of the same subject fol. of the soul fol. a speech concerning studies fol. an other of the same subject ibid. an other concerning the same subject fol. an other of the same subject fol. finis . a vision which one mr. brayne (one of the ministers of winchester) had in september, . brayne, john. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing b ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing b estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a vision which one mr. brayne (one of the ministers of winchester) had in september, . brayne, john. broadside. printed for john playford ..., london : . reproduction of original in the bodleian library. eng great britain -- history -- civil war, - . great britain -- politics and government -- - . great britain -- history -- puritan revolution, - . a r (wing b ). civilwar no a vision, which one mr. brayne (one of the ministers of winchester) had in september, . [no entry] a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - celeste ng sampled and proofread - celeste ng text and markup reviewed and edited - pfs batch review (qc) and xml conversion a vision , which one mr. brayne ( one of the ministers of winchester ) had in september , . he thought a man took and put him into the water , and on the other side of the water stood another man , which gave him a book , and bad him go into france , and denounce there the heavy judgment of god against the kingdom , untill the martyrs massacration in paris was revenged : and the bloud that hath been in england shall be foure times doubled in france . monarchy shall fall , first in england , then in france , then in spain ; and after in all christendom ; and when christ hath put down this power , he himself will begin to reigne , and first in england , where the meanest people that are now despised , shall have first the revelation of truth , and it shall passe from them to other nations ; after that a voice spake these verses following , ( which he then understood not ) the crown-land sold , the scotch presbytery rold ; the king in the pit , and a seale upon it . there will not be much more bloodshed in england , though much more contention and strife . this was presented by m. thomas goodwin , to some members of the army . london : printed for john playford , and are to be sold at his shop in the inner temple . . the queenes speech as it was delivered to the house of commons by sir thomas jermyn comproller, iuly , . henrietta maria, queen, consort of charles i, king of england, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing h a). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing h a estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the queenes speech as it was delivered to the house of commons by sir thomas jermyn comproller, iuly , . henrietta maria, queen, consort of charles i, king of england, - . sheet ([ ] p.) s.n., [london : ] caption title. imprint from wing. reproduction of the original in the harvard university library. eng england and wales. -- parliament -- early works to . great britain -- politics and government -- - . a r (wing h a). civilwar no the queenes speech as it was delivered to the house of commons by sir thomas jermyn comproller, iuly , . henrietta maria, consort of charles i, king of england, queen f the rate of defects per , words puts this text in the f category of texts with or more defects per , words. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion the qveenes speech as it was delivered to the house of commons by sir thomas jermyn comptroller , iuly , . when the parliament did the other day expresse their affections to me , in taking into consideration the journey which i had resolved on for the recover● of my health , and represented a desire of my stay with a tender care of removing all occasions of my indisposition , i could not then give a positive answer , such as i desired for their satisfaction , because i knew not that my health would give way unto it : but since that time i have resolved to venter my health , and for complying with their desires not to go , since my presence here will be acceptable unto them , and that they conceive it will be for the good of the kingdome , for i desire ●●thing more , then to let you see that i shall in all things be ready to gratifie them , and to serve the state , though , as i then said , with the hazard of my life . the cause of england's misery, or, a brief account of the corrupt practice of the law humbly offer'd to the consideration of the lords spiritual and temporal, and commons in parliament assembled. collins, richard. approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing c estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the cause of england's misery, or, a brief account of the corrupt practice of the law humbly offer'd to the consideration of the lords spiritual and temporal, and commons in parliament assembled. collins, richard. p. [s.n.], london printed : . signed at end: richard collins. reproduction of original in the british library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng lawyers -- england -- corrupt practices. courts -- england. great britain -- politics and government -- - . - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - celeste ng sampled and proofread - celeste ng text and markup reviewed and edited - pfs batch review (qc) and xml conversion the cause of england's misery : or , a brief account of the corrupt practice of the law . humbly offer'd to the consideration of the lords spiritual and temporal , and commons in parliament assembled . london , printed in the year . england's misery : or , a brief account of the corrupt practice of the law , &c. great complaints have been publickly made , setting forth the wicked practices of the professors of the law , and those who have dependance upon the same , by which i conceive , has been plainly made appear the great calamity of the people , and how thousands of families have consequently been ruin'd thereby . yet notwithstanding the interest of those professing the law , hath been hitherto so great , no care has been taken to redress the same . but finding that few particular instances in relation to fact ( which always makes a greater impression upon the minds of men than a general notion of things ) have been given of matters of this nature ; therefore i conceive my self obliged by the duty i owe to my native country , as well as in order to my own preservation , to give a brief account of the evil usage my self and some friends have met withal from persons professing the law : by which , ( if we judge by the rule of proportion ) the misery of the people in general will manifestly appear . and that according to the present practice of the law , no man is safe , but liable to be eaten up and devoured . there 's none concern'd in merchandice , trade , &c. but must unavoidably have disputes , some of which will consequently beget law-suits , which often times are seen to prove ( as things are now managed ) to be the ruin both of the plaintif and defendant , and many suits appear to be kept on foot only to promote the interest of attorneys , &c. all which evils come to pass principally through the remisness , or rather , gross corruption of the judges , who are intrusted with the executive part of the law , and want not power to check and put a stop to all these evil practices ; which spin out as it were the very bowels of the people . so that we who have been for many ages past , the happiest people in the world ; and even the envy of other nations , are now become the miserablest people in the universe , only for want of our laws being duly executed ; yet lest it should be said i caluminate persons , and am not able to prove matter of fact , i shall give a short relation of several matters , not long since transacted ( some of them very lately ) which i conceive will fully demonstrate what i say , viz. there was a certain person came to my house , to lodge and diet , pretending to be a lady , ( was recommended to me as such ) and in some time , she became indebted to me , by moneys lent , &c. about l . for which she gave me bond ; then i discovered her to be a cheat , upon which she fled from my house , and it was some years before i found her out ; then i arrested her , which begot a law suit , that cost me near l . yet i am kept out of my money to this day ; and tho it was then publickly known , this woman was a profligate wretch , who had escap'd out of new gate , and had several pretended husbands ( some of which had been executed at tiburne , as fellons ) yet in this very suit , was admitted as a pauper at one and the same time , both in the kings-bench and chancery , ( tho my debt as hath been said was upon bond , ) she produced about witnesses , not one of them appearing to be of any reputation : nay , my own attorney who knew what wicked people i had to deal withall , and to whom i gave strict orders to be careful of my business , suffer'd me to be non-suited to my cost , l . s . . this pretended lady , and her gang , was not satisfied in engaging me in two suits of law , for they and some lawyers did prompt and excite , a young man to sue me , ( whom i had brought up from a child , and put forth an apprentice at my own proper cost and charge , ) tho he had no just ground so to do , being prompt thereunto by this gang , and some lawyers , ( as he has since with sorrow confest to me ) upon which i had him before a judge , but could have no relief ; but in a little time , the young man was sensible of his folly , and of his own accord , came to me and beg'd pardon for what he had done ; so we went to the attorney and order'd him to stop proceedings . yet now my attorney brings me in a bill upon this account , tho there was no proceedings thereupon ; but his wickedness to me will farther appear ; which at present i shall wave , and go upon other matter . . i was trustee for two young men for several years , and the account between them and me , was stated by two attorneys , who audited the same , and set their hands thereunto ; yet some years after these unhappy young men , met with some lawyers that put them upon suing of me , tho there was not the least ground for it , as in the end it did appear , to the high court of chancery , the matter having been twice referred , by order of court , to a master in chancery , who audited the account , in the presence of two counsellors at law ; this unjust suit was near l . charge to the young men , to the utter ruin of one of them ; who lays his ruin , and i think justly , at the lawyers door , as the cause thereof . . i took out a writ against a certain person ; upon which a bayliff took him , and took bail of him in his own name ; then came to me , and swore desperately , if i would not give him s. he would let his prisoner go . i not complying with his unreasonable demands , he arrested me ; whereupon i summon'd him before a judge , who did acknowledge , and say i was much abused , yet would do me no justice , but seem'd rather to encourage the bayliff , thereby to bring ( as i suppose ) more grist to the mill ; so i was glad at last to give the bayliff l. to be rid of him , and secure my debt . . the attorney , whom i before did make mention of , i did employ in several businesses ; for doing which , he sent me in a bill of l. odd money , and in some months after sent another bill of l. ( both referring to one and the same business ) and then sent me several threatning letters , that if i did not forthwith pay him , he would arrest me ; upon which i summon'd him before a judge , before whom he appear'd , and whisper'd to him , and then gave into his hand another bill of l. which i never saw otherways than in the judges hand ; whereupon i acquainted his lordship that i had two bills before given me , either of which i was willing to have tax'd ; but it would not be granted , tho i offer'd to prove that i had paid him l s. and that he charged me with near five pound for counsel fees , which he never disbursed , and that he had a bill of l. of mine in his hands , and that he charg'd me s. for viewing some writings in my hands , when i never employ'd him , he having been employ'd by another person , who gave him s. for his pains ; ( nay , he had the confidence to tell his lordship , that he examin'd two cart-loads of papers by my order , when as all of them were in a small deale-box . ) the judge was very attentive to him , but would not hear me , tho i offer'd to swear it ( as i have since done before another judge ) and so sign'd and order'd the l. bill to be tax'd , and that i should pay in to one of the prothonitors of the kings bench l. in money , which i though to be a great hardship put upon me when i was not in his debt ; whereupon i waited upon the judge again , and took a friend along with me , who endeavour'd to convince his lordship , but all to no purpose , tho i offer'd to deposite the money in a third persons hand , yet he would not recin'd from what he had done , but l. i must pay in ; upon which my friend went to my attorney , and asked him ▪ why he was not willing to have either of his former bills tax'd ; he deny'd that ever he gave me any bills before , when as i have his bills and letters by me to prove it ; but he shew'd my friend the bill sign'd by the judge , and said , if i would not have that tax'd , he would arrest me before night . this was about a month since , but he has not done it yet ; so the matter 's still depending . . a relation of mine sued a certain person for l. he was indebted to him ; in prosecuting of which suit he spent above l. before he could recover his debt ; and in this cause , between plantiff and defendant , there was spent above l. . a certain person came to a shop-keeper ( a man of known reputation ) and desir'd him to give him silver for a broad piece of gold ; according to his request he gave him the money , but this person , by a trick of ledgerdemain gave him a broad guilt shilling , instead of a piece of gold. the same day it was done , he found he was cheated , and so made search after the person that did it ; who finding himself discover'd , and that he was like to fall into trouble , was too quick for the shop-keeper ; for he takes out a warrant against him , and had him before a justice of the peace , for scandalizing of him ; upon which , the shop-keeper , and his wife , acquainted the justice of the peace with the whole circumstance of the matter , and offer'd to swear it , yet the justice of the peace would not admit him to his oath , but bound him over to the next session of the peace for scandalizing the worthy gentleman ; but afterwards ( not without great trouble ) he took him up with a bench warrant , and the matter was tried at hicks's hall , where that and other crimes of the like nature were fully prov'd upon him , ( tho he produced near witnesses such as they were ) for which he was by the court fin'd l. but it was reduced to l. which he immediately paid and went off , and the honest shop-keeper in prosecuting this matter was at above l . charge , and like to have no satisfaction ; for if he could meet with this wicked person , he says he dares not sue him , seeing there is so great corruption in the practice of the law. . a gentleman was unjustly sued for l . yet in defending himself , in that suit he spent above . tho he did not pay the debt , he had paid the better part of the money to his attorney who arrested him before he gave him a bill , after which the attorney gave him a bill ; and he objecting against some things in it ; in a little time his attorney gave him another , and made his account above l . more , and then laught at him ▪ upon which he was advised by some friends to get the bill taxt , but others telling him how 〈◊〉 things were , advised him rather to pay the attorney , then involve himself in farther trouble , which he accordingly did . . in the year a french ship and cargo , called the st nicholas of haverdegrace , of the value of near l . in the open seas was seized by three english sailors on board , ( who had been captivated into france ) and carried into tenby , dependant upon the port of milford ; upon which walter midleton , collector of the said port , &c. unladed the vessel by night , and embezeled the cargo , and withall committed the three english sailors to the common goal , at the same time dismissing the french , who had been brought in as prisoners . information thereof being given to the admiralty-court , commissions of enquiry were thence issued , and upon examination the embezelments fully prov'd , and sentence passed on behalf of the king ; whereupon the offenders moved for , and obtained a prohibition out of the exchequer to stop all further proceedings , which is continued to this day ; so the spoil seems to have been divided among them , the poor sailors were continued many months in prison , and did not obtain their liberty without great difficulty ; since which one of them has been kill'd in the publick service , another of them taken by the french , and carried to st. maloes , where he was ( as 't is said ) murthered ; and one walter jenkins * , whom the sailors employ'd in prosecuting this matter , as did likewise the lords of the admiralty on behalf of the king ( who has been at two or three hundred pounds charge in the prosecution ) appears to have been as ill treated as the poor saylors , although their lordships often gave him assurance , that if he prov'd the facts , he should not only be satisfied for his trouble and expence , but very well rewarded ; and tho he executed several commissions , and hath attended this matter for above five years ( having been drill'd on , and fed with vain hopes from time to time , to the utter ruin of him and his family ) and expended a considerable sum of money , yet has not been able to obtain any satisfaction , otherwise than that about three months since the lords of the admiralty sent for him , and told him at a full board , if he would not concern himself any more in this matter , but retire into his own country , they would order him l. which he was constrain'd , thro his great necessity , to take . an attorney gave in a bill of l. to a friend of mine , that summon'd him before a judge , who reduc'd the bill to s. . another bill of l. was given by an attorney , which the judge reduc'd to l. and withal told my friend , that if he pleased he would lay the attorney by the heels . . another bill of l. was given in by an attorney , who was summon'd before a judge , that reduc'd the said bill to l. these three cases , which i have last recited , may seem to be great acts of justice ; yet with submission in my apprehension they are not so , but particular acts of favour and kindness , in regard the judges ( who are sworn to do impartial justice ) did not punish the attorneys * , by disabling them to practice for the future ; for having made so great and notorious a breach of the oath they took , when they were admitted to practice as attorneys , they at the same time being invested with a power , which enabled them so to have done . so that all this amounts to no more than as if i should take up a person , who had cheated me , and have him before a justice of the peace , who should oblige him to restore to me what he wrong'd me of ; and afterwards dismiss him , and give him leave to cheat any body else whom he pleas'd : for so it is , that when men are not punish'd for their offences , it does but encourage them and others to commit the like crimes for the future , and to be more wicked than they were before ; which plainly demonstrates any nation , having good laws that are not kept , serve only to make the people so much the more miserable . and whoever does but consider how councellors *⁎* and attorneys at law , are oblig'd by their oaths , not knowingly to engage in any evil cause , or to encrease fees , and views but the practice of them every term , can hardly conclude otherways , than that they are , for the most part , dreadfully perjured , which they seem to be hardened in , for it s well known they generally make but a jest of it . and those few instances that have here been given of their evil practices , cannot be judg'd to be the hundred thousandth part of the misery the people of this nation undergo , by reason of the corruption of the law , and without all controversie , a multitude of families are every year ruined thereby , for many thousands of persons may reasonably be suppos'd to be engaged in suits at law , that understand nothing of the law , but refer all to their attorneys , and if they find they are ill treated by them , and a dispute happens to arise between them , they are not able to contend with them , but for the most part lie at their mercy to do by them even as they please ; yet if any are so hardy as to contend with their attorneys , so as to have their bills tax'd , generally speaking , they can have little reason to expect relief ( experience tells me , and other men so ) upon the account they who are judges of the matter , are brethren * of the same quill , from whom a man has no where to appeal , insomuch that many honest men are now afraid to sue for their just rights , for fear of wasting their estates , by being involv'd in chargeable and long suits , and it 's even my own case at this time . so that what by the evil practice of the law , and the corruptions that have crept into the government during the late war ( occasion'd by reason of his majesty's frequent and long absence ) the people in general are brought into great distress , trade † being reduced to a very low ebb , and handicrafts-men and artificers , who formerly us'd to live plentifully , and well , are now brought so low , that if some speedy care be not taken to revive trade , thousands of families in this nation will be in great danger of being starv'd . whatever english man has been abroad in foreign countries ( as i have been ) and seen with what little expence , and how soon law suits are there brought to a period , cannot , without regret , behold the present miserable condition of his native countrey , the more , in regard , it so visibly appears to have been brought upon us by the wickedness of some persons among our selves . with my own eyes have i seen honest worthy persons , who detected and prov'd notorious crimes , publickly ruined , and suffered to perish through grief and want. yet notwithstanding all these evils , it must be acknowledg'd , we have the best prince , and the best laws of any nation in europe . so that now , upon this happy peace , we have no reason to question his majesty's goodness to his people ; and it 's the just apprehension of his majesty's goodness and justice , that makes me look back with comfort upon the happy and glorious reign of queen elizabeth ; in her time , no man durst embezel or mis-spend the publick treasure ; and if any of her judges should have been heard publickly to declare , the perquisites of his place was worth l. per annum , she would soon have caged him , and found a person more worthy to fill the place . edmond bohun , esq ; who writ the life of this most excellent princess , in page . says , she well considered whatever was recommended to her , as useful to any part of her state , carefully viewing the conveniencies , and the ill conveniencies thereof ; and what was at last found vseful or profitable to the body of her people , was setled by authority . it was a maxim with her , that equitable laws , and equal justice , are the two sure and lasting foundations of a state , page . she dealt very severely with all those that were found guilty of frauds or cheats in the publick revenue , which sort of people she us'd to call harpies . she discouraged , as much as was possible , all the tricks and corruptions in the courts of justice , page . she increased the wages of her judges , that she might deliver them at once from the temptation and suspicion of bribery . she passed an excellent and most equitable law , for the more speedy determining the cases depending in her courts . she admonished her judges , that they should consider the judgment or jurisdiction they exercised was god's , and advis'd them diligently to study the law , in relation to the profit of the state , and not shew the sharpness of their wits by a falacious interpretation of a doubtful law , to the injury of the people , but that without partiality , they should administer equal justice to all , and severely punish those they found guilty . page . it was ihe rare felicity of her times , that men were advanced to honours without their seeking it , and sometimes against their wills , being promoted for their vertues , not fortunes . she would often tell those she entrusted , that they might rest assured , she would reward their integrity , industry , and equity , and if she found them guilty of any injustice and oppression , she would as certainly punish them for it . she would never entertain into her service any ignorant , covetous , dishonest , or licentious person . she was an exact observer of justice , which is the most resplendent of all the moral vertues , and of veracity and constancy to her word , which is the foundation of justice . she was extreamly severe against all that broke her laws , and punished sometime small offences with great severity . page . in all private suits she was observ'd to be a religious observer of justice and equity , and to keep the balance even between the greatest and the meanest of her subjects ; she preserv'd the poorest from wrongs , and made it her care that every man might enjoy his own , and serve the publick with it , by the impartiality of justice , and the equity of all law proceedings , provideing carefully for the preservation of humane society , for the good of the whole community . page . in her progress she was most easie to be approached by private persons and magistrates ; men and women , country people and children came joyfully , and without any fear , to wait upon her , and see her . her ears were then open to the complaints of the afflicted , and of those that had been any way injured , she would not suffer the meanest of her people to be shut out of the places where she resided ; but the greatest and the least were then in a manner levelled ▪ she took with hër own hand , and read with the greatest goodness , the petitions of the meanest rusticks ; and she would frequently assure them that she would take a particular care of their affairs , and should ever be as good as her word . she by her royal authority protected those that were injur'd and oppressed ; she punished the fraudulent , false , perfidious , and vvicked . it has always been my opinion , he that that doth not simpathize with , and hath not a fellow-feeling of the calamity and misery of others , cannot properly be said to be a christian ; for i conceive we are not bron barely for our selves , and the good of our own families , but are strictly obliged , by the dictates of that holy religion we profess , to do all such acts as tend to the good and benefit of mankind in general . it was a due apprehension of this general duty that enduc'd me to appear in print ; and however , though i may be censured by some persons , yet i call god to witness , that what i have done therein , has not been out of malice or prejudice to any person , or that i propose to my self any advantage thereby ( for i neither seek or want any employ ) but only a hearty and sincere desire to serve my country , by laying these things before this most august assembly , being sensible there 's too many that endeavour , as much as in them lies , to stifle and conceal the people's grievances , and keep them from the knowledge of the king and parliament , hoping there by to escape the hands of justice . the not punishing offenders upon the abdication of the late king james seems to have been one great occasion of all these evils ; and now if those that are offenders shall escape punishment , the nation can then expect no security for the future . the punishing offenders will be doing the people justice , and supplying of the king's wants , and which appears 〈◊〉 〈◊〉 the only means whereby to re-establish justice , and make ●im and his people happy . feb. . / . richard collins . finis . notes, typically marginal, from the original text notes for div a -e * this poor afflicted man lodges at one bardet's , in king-street , st. giles's , and is one of the greatest objects of charity that ever eyes beheld . there 's no question but a multitude of such like crimes have been committed ; for there plainly appears to have been a combination to cheat the kingand subject ; the only satisfaction the king and kingdom can have , is confiscating the estates ( the spoyles of the people ) of those who have been the principal actors ; which is a thing , would be highly pleasing to all honest men , of what perswasion soever . * there are a sort of men among us who practice ( in other men's names as attorneys that are not so ; it were happy for the people they were suppressd , and that all attorneys were restrain'd in their taking clerks , ( as several companies and trades are in london , to prevent their being ●o numerous ) and not suffer'd to fill the city and country ▪ as they do , with splitters of causes ; it 's one of the greatest evils that can befal a nation to be over-stock'd ( as we are ) with lawyers . *⁎* there 's no doubt there are many worthy gentlemen that practice the law , who are great enemies to these corruptions , and would gladly see them remov'd . * these gentlemen purchase their employments or places , which are but for life , with large sums of money , and having no lease of their lives , run great hazards , and considering the general corruption there is in the practice of the law , and the temptation they lye under , it cannot be suppos'd but that they will be willing to make use of their time , as well as other men , by which may be seen , what misery the people are expos'd to , by the buying and selling employment . † men bred to trade ( as i was ) have the greatest opportunity of knowing the decay or growth of trade , and so are sooner made sensible of the calamity of the people , than those of higher rank , though they are not so well able to express their thoughts . a proclamation against tumultuous petitions charles r. england and wales. sovereign ( - : charles ii) approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing c estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a proclamation against tumultuous petitions charles r. england and wales. sovereign ( - : charles ii) charles ii, king of england, - . sheet ([ ] p.) printed by john bill, thomas newcomb, and henry hills ..., london : . reproduction of original in bodleian library. broadside. at head of title: by the king. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng petition, right of -- great britain. great britain -- politics and government -- - -- sources. broadsides - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion diev et mon droit royal blazon or coat of arms by the king. a proclamation against tumultuous petitions . charles r. whereas his majesty hath been informed , that divers evil disposed persons at this time , endeavour in several parts of this kingdom , to frame petitions to his majesty for specious ends and purposes relating to the publick , and thereupon to collect and procure to the same , the hands or subscriptions of multitudes of his majesties subjects ; which proceedings are contrary to the common and known laws of this land , for that it tends to promote discontents amongst the people , and to raise sedition and rebellion . his majesty considering the evil consequences that may happen if such offences should go unpunished , and lest that any of his good subjects should be inveigled by plausible pretences , or should through inadvertency or ignorance , be engaged to a breach of the laws in any of the particulars aforesaid , his majesty hath therefore thought fit ( by the advice of his privy council ) to declare and make the same known by this his royal proclamation , and doth hereby strictly charge and command all and every his loving subjects , of what rank or degree soever , that they presume not to agitate or promote any such subscriptions , nor in any wise joyn in any petition of that manner to be preferred to his majesty , upon peril of the utmost rigour of the law that may be inflicted for the same . and his majesty doth further command all magistrates , and other officers to whom it shall appertain , to take effectual care , that all such offenders against the laws , be prosecuted and punished according to their demer●ts . given at our court at whitehall the twelfth day of december . in the one and thirtieth year of our reign . god save the king. london , printed by john bill , thomas newcomb , and henry hills , printers to the kings most excellent majesty . . a letter from ma. gen. overton, governour of hull, and the officers under his command directed for the honourable leiut. [sic] general fleetwood, to be communicated to the council of officers of the army. overton, robert, ca. -ca. . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing o thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) a letter from ma. gen. overton, governour of hull, and the officers under his command directed for the honourable leiut. [sic] general fleetwood, to be communicated to the council of officers of the army. overton, robert, ca. -ca. . sheet ([ ] p.) s.n., [london? : ] imprint from wing. signed: rt. overton [and others]. dated at end: hull octob. th. . annotation on thomason copy: "oct. ". reproduction of the original in the british library. eng fleetwood, charles, d. -- early works to . england and wales. -- army -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no a letter from ma. gen. overton, governour of hull, and the officers under his command. directed for the honourable leiut. [sic] general flee overton, robert a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - pip willcox sampled and proofread - pip willcox text and markup reviewed and edited - pfs batch review (qc) and xml conversion a letter from ma. gen. overton , governour of hull , and the officers under his command . directed for the honourable leiut. general fleetwood , to be communicad to the council of officers of the army . right honorable , this day having brought to my hands yours , with the enclosed representation and petition of several officers of the army , to which you desire the subscription of the officers of this garrison ; i have accordingly convened and imparted your letter and paper to them ; upon consideration whereof , finding our selves at this distance to be wholly ignorant of the late proceeds whereupon we suppose it to be grounded : as also for that it is already tendered to the parliament , which we apprehend hath resolved our subscriptions out of season , we have thought it improper for us to subscribe the same . neverthelesse , that we may not leave you without satisfaction as to our concurrence with you , in what may expresse our faithfulness to the parliament , from whom we are commissionated upon publick account , and thereby bound in all due obedience , we look upon our selves as obliged to declare our full purpose of heart to manifest our stedfastnesse to the parliament , according to the tenour of our respective intrustments , in adhering to them in all their just and warrantable proceedings , in pursuance of the trust reposed in us ; whereby we hope , that nor only the designs of all publick and private adversaries will be disappointed ; but we shall further ( by gods blessing ) expect to see some further fruit of our former declarations for truth and righteousness . this , as we doubt not but it will satisfie you of our firm and unfeighned intents to the parliament in all their just and equitable determinations : so we trust the former reasons , moving us to wave the subscriptions of yours inclosed , will be of weight with you , to give us your excuse , and esteem us still as , your very affectionate and humble servants , sic subscribitur rt. overton , tho. everard , tho. pigott , rich. cox , he. boade , tho. somatsen jo. nary , john durdoe , vval . thimelson , vvill . dawson . vvill . figes . hull octob. rh . . by the king and queen, a proclamation requiring the attendance of the members of both houses of parliament england and wales. sovereign ( - : william and mary) approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing w estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) by the king and queen, a proclamation requiring the attendance of the members of both houses of parliament england and wales. sovereign ( - : william and mary) mary ii, queen of england, - . william iii, king of england, - . broadside. printed by charles bill, and the executrix of thomas newcomb deceas'd ..., london : . "given at our court at whitehall, the twenty fourth day of september . in the third year of our reign." reproduction of original in the harvard university library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- parliament. great britain -- politics and government -- - . great britain -- history -- william and mary, - . - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion monogram of 'w' (william) superimposed on' m' (mary) diev et mon droit honi soit qvi mal y pense royal blazon or coat of arms by the king and queen , a proclamation , requiring the attendance of the members of both houses of parliament . marie r. we being desirous that the members of both houses may have convenient notice of the time when their attendance in parliament will be requisite , to the end they may order their affairs as that there may then be a full assembly , have ( with the advice of our privy council ) thought fit to issue this our royal proclamation , hereby declaring and publishing our will and pleasure , that our parliament shall on the fifth of october next , ( to which day the same is now prorogued ) be further prorogued unto thursday the two and twentieth day of the same month. in order to which prorogation we shall expect the attendance only of such members as shall be resident in or near our cities of london and westminster . and our purpose being that our said houses of parliament shall not only meét upon the said two and twentieth of october , but shall sit for the dispatch of divers weighty and important affairs , we do therefore hereby charge and require all the lords spiritual and temporal , and the knights , citizens and burgesses of the house of commons , to give their attendance at westminster on the said two and twentieth day of october next accordingly . given at our court at whitehall , the twenty fourth day of september , . in the third year of our reign . god save king william and queen mary . london , printed by charles bill , and the executrix of thomas newcomb deceas'd ; printers to the king and queens most excellent majesties . . by the king, a proclamation for recalling dispensations, with some clauses in the acts for encouragement and increasing of shipping and navigation, and of trade england and wales. sovereign ( - : charles ii) approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing c estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) by the king, a proclamation for recalling dispensations, with some clauses in the acts for encouragement and increasing of shipping and navigation, and of trade england and wales. sovereign ( - : charles ii) charles ii, king of england, - . england and wales. privy council. broadside. printed by the assigns of john bill and christopher barker ..., in the savoy [i.e. london] : . "given at our court at whitehall the . day of august, . in the nineteenth year of our reign." reproduction of original in the huntington library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng restraint of trade -- england. great britain -- history -- charles ii, - . great britain -- politics and government -- - . - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion diev et mon droit honi soit qvi mal y pense royal blazon or coat of arms by the king. a proclamation for recalling dispensations , with some clauses in the acts for encouragement and increasing of shipping and navigation , and of trade . charles r. whereas we by an order in council of the two and twentieth day of march , one thousand six hundred sixty four , have dispenced for some time with certain clauses in the late acts of parliament for encouraging and increasing of shipping and navigation , and for the encouragement of trade ; and therein also declared , that when we should think fit to determine that dispensation , we would by our royal proclamation give six moneths notice thereof , to the end no merchant , or other person therein concerned should be surprised . in order whereunto , we taking the same into consideration , have thought fit ( with the advice of our privy council ) to publish this our royal proclamation ; and do hereby declare , that the said order of the two and twentieth of march , one thousand six hundred sixty four , and all and every the dispensations , clauses , matters , and things therein contained , shall from and after the end of six moneths next ensuing the date of this proclamation , cease , determine , and be void to all intents and purposes whatsoever ; whereof all persons concerned are to take notice , and to conform themselves accordingly . given at our court at whitehall the . day of august , . in the nineteenth year of our reign . god save the king . in the savoy , printed by the assigns of john bill and christopher barker , printers to the kings most excellent majesty . . gods unchangeableness: or gods continued providence, in preserving, governing, ordering and disposing of all creatures, men, actions, counsels and things, as at the beginning of the world, so to the end of the world, for ever, according to the counsel of his own will. from whence is gatherd six necessary inferences very applicable to the changes, alterations and vicissitude of these our present times. wherein is clearly demonstrated and proved, that oliver cromwell is by the providence of god, lord protector of england, scotland and ireland, &c. to whom the people owe obedience, as to him whom god hath set over them. unto which is added, the causes of discontent, repining and murmurings of men: also, some serious advertisements, and seasonable admonitions to the discontented, and reprehensions to all impetuous, arrogant murmurers. together with answers to some cheif objections made against the lord protector and his present government, endeavouring (if possible) satisfaction to all men. / therefore written and published for publicke good, by george smith, gent. smith, george, or - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing s thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) gods unchangeableness: or gods continued providence, in preserving, governing, ordering and disposing of all creatures, men, actions, counsels and things, as at the beginning of the world, so to the end of the world, for ever, according to the counsel of his own will. from whence is gatherd six necessary inferences very applicable to the changes, alterations and vicissitude of these our present times. wherein is clearly demonstrated and proved, that oliver cromwell is by the providence of god, lord protector of england, scotland and ireland, &c. to whom the people owe obedience, as to him whom god hath set over them. unto which is added, the causes of discontent, repining and murmurings of men: also, some serious advertisements, and seasonable admonitions to the discontented, and reprehensions to all impetuous, arrogant murmurers. together with answers to some cheif objections made against the lord protector and his present government, endeavouring (if possible) satisfaction to all men. / therefore written and published for publicke good, by george smith, gent. smith, george, or - . [ ], , [ ] p. printed for tho. underhill at the ancor and bible in pauls churchyard, and lawrence chapman next to the fountain tavern in the strand., london, : . annotation on thomason copy: "jan :"; the final ' ' in the imprint has been crossed out and replaced with a " ". reproduction of the original in the british library. eng cromwell, oliver -- - -- early works to . providence and government of god -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason e _ ). civilwar no gods unchangeableness: or gods continued providence,: in preserving, governing, ordering and disposing of all creatures, men, actions, coun smith, george c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - john latta sampled and proofread - john latta text and markup reviewed and edited - pfs batch review (qc) and xml conversion gods unchangeableness : or gods continued providence , in preserving , governing , ordering and disposing of all creatures , men , actions , counsels and things , as at the beginning of the world , so to the end of the world , for ever , according to the counsel of his own will . from whence is gathered six necessary inferences very applicable to the changes , alterations and vicissitude of these our present times . wherein is clearly demonstrated and proved , that oliver cromwell is by the providence of god , lord protector of england , scotland and ireland , &c. to whom the people owe obedience , as to him whom god hath set over them . vnto which is added , the causes of discontent , repining and murmurings of men : also , some serious advertisements , and seasonable admonitions to the discontented , and reprehensions to all impetuous , arrogant murmurers . together with answers to some chief objections made against the lord protector and his present government , endeavouring ( if possible ) satisfaction to all men . therefore written and published for publike good , by george smith gent. jer. . . o lord , i know that the way of man is not in himself ; it is not in man that walketh , to direct his steps . psal. . , . for promotion cometh neither from the east , nor from the west , nor from the south . but god is the judge : he putteth down one , a●d setteth up another . pet. . , . submit your selves to every ordinance of man for the lords sake , whether it be to the king as supreme , or unto governours , as unto them that are sent by him for the punishment of evil doers , and for the praise of them that do well , for so is the will of god , &c. london . printed for tho. underhill at the ancor and bible in pauls churchyard , and lawrence chapman next to the fountain tavern in the strand . . to all free-born people of england , that are lovers of peace and truth , grace be unto you and peace from god our father , and from the lord jesus christ , &c. christian reader , there is not any doctrine more usefull to the life of man , or more necessary to be known to the comfort of the saints , then the doctrine of providence ; for not to know and beleeve , that god the creator doth by his secret and wise providence govern all things , is injurious to god , and hurtfull to our selves , and as much as to deny the soveraignty and high prerogative of the lord jehovah over the worlds ; which is indeed the exercise of his kingly dominion , in ordering the whole universe , which in the following discourse i offer unto your serious consideration : but because these times are pestered with many pestilent opinions , and seditious practises , all truths cannot please all men , every man believeth or denieth whatsoever may most advance their own particular judgments and interests ; so that i well know this discourse will be very unpleasant to many of this age : therefore ( good readers and my friends ) let me beg your patience , not only in the matter of my discourse , thwarting the desires and self-designes of men , it being against the common stream of the now raigning opinions ; but in the manner also , in my applications to the present changes and alterations , designs and interests , so strongly strugled for by the most of men ; to all which this my discourse runs in flat opposition ; the same thing being flatly denied which i affirm and do defend . i think i am the first that in this way and manner hath published any thing in defence of the present government under his highness the lord protector : i have not read nor seen any thing written of this nature , but what hath been to the contrary ; by which i received so little satisfaction , or am so farre from being satisfied by what i have read , that my spirit burned within me to make opposition thereunto , which caused me to put my pen to paper on this subject . give me also leave to give my judgment in the matter ; i am one of the free-born of the nation , and claim my vote as well as any other , having a proportionable right to all priviledges , and must proportionably share in any affliction that god shall please to inflict upon the nation ; therefore it concerns me to speak as well as to hear others speak ; if i speak not their sense , let me be born with , as i bear with them that speak not my sense : if any my friends be offended at what i write , i cannot help their passion , nor will i be angry at them : i know not any mans aym nor end in what they do , so well as i know my own : i know my own ; i know my aym is publike good , and my end gods glory , nor do i seek to please men but to please god , i seek not victory but verity ; if god accept of my endeavour , i have my end ; if men reject it , or me for it ; i pass not : yet i would so speak and write , that i may not give any offence , neither to the jew , nor to the gentile , nor to the church of god : but if offence be taken without cause , why therefore should i lose my liberty in which christ hath made me free ? but though i be free from all men ( as the apostle speaketh ) yet would i be servant to all ( in the sense the apostle speaketh ) that i might gain the more to god : there is a time to speak , and a time to keep silence ; if ever there were a time to speak for god , and the cause of the saints on earth , the despised ones , it is now no time to be silent , but to contend earnestly for the truth , and for the faith that was once delivered to the saints : it was but once delivered , i dare not say it shall be delivered a second time , to them that have had it once delivered , if they lose it , whether it be to a nation or to a man only . we in england have had it delivered to us , we , beyond capernaum , have been exalted unto heaven &c. the mysteries of the gospel have been unfolded unto us above all other nations , and god hath long owned us to be his people ; the word hath been operative , working in power , piercing even to the dividing of soul and spirit , joynts and marrow ; a discerner of the thoughts and intentions of the heart : it hath been a converting word , else whence had those rebellious children their conversion boasted of , that cast off their mother that bare them , and brought them forth ? an antichristian church brings not forth a christian brood : it is thus farre true , that we have had much chaff mixt with the pure wheat , many weeds have grown in this vineyard of gods planting : was there ever wheat without chaff ? was there ever a garden without weeds ? but never so many as at this day : some have been alwayes , and some will be to the end of the world : there shall be , there must be tares among the good corn : the evil one will cast tares where god casts good seed ; and that evil one hath been busie in this age above all ages ; the field of gods kingdom seemeth now to be covered all over with tares , but god can gather in his good corn , and weed out those tares , at the day of his harvest : he will manifest the blasphemers , and reprove the horrid blasphemies , strange self-opinions , false christs , false apostles and teachers , seducers of mens souls , evil angels in shape of angels of light , that under the notion of truth broach damnable heresies , doctrines of devils : all o●d herefles , abominated by the primitive church , are all at this day revived at once , and in disguised new dresses , come like wolves in sheeps cloathing : these are such as trouble the church of god , which the apostle in his time wished to have been cut off , gal. . . and it is the duty of the christian magistrate to suppress them ; he is as christs vicegerent and lievetenant on earth , not only to command observance of the first table , but also of the second : if he that despised moses law , died without mercy , under two or three witnesses ; how much sorer punishment suppose ye shall he be thought worthy , who hath trodden under foot the sonne of god . &c. and done despight to the spirit of grace ? heb. . , . and the sword is not put into the magistrates hand in vain we read in deut. . from vers. to vers. . if any had broken the covenant with god , and worshipped false gods , he was to be stoned to death : yet i say not , that every heresie under the gospel should be punished by death : but i say , it is the duty of the supreme magistrate , to suppress all heresie and blasphemy by a law : nor do i say , that an erring conscience is to be punished by the law of the magistrate , if he keep his erring opinion within his own walls ; but if he seduce others , and thereby stirre up sedition , alienating mens judgments from due obedience , i say such a one is liable to the wrath of the civil magistrate ; and those magistrates , that tolerate or connive at such things , will be found to do the work of the lord negligently : those things i only hint at by the way , and leave to the consideration of the judicious . what i have said as to the matter of my following discourse , which is providence , ordering all things ; it is the truth of god held forth in sacred scripture , from which i cannot retrograde : what i have said as to the matter applicatory , i only give my judgment , and leave the even to that providence which governs all things . as to my vindication of the lord protector , whom providence hath exalted , providence will yet further order him , and all his counsels and actions , after the counsel of gods will : god hath a great work for him to do , and it shall be done , whether to be a nursing father to the church of christ , and a skilfull esculapius , to heal the distempers of three sick and wounded nations , or whether for a contrary work , i cannot assert , god only knowes it , to whom all secrets belong : what is revealed belongs to us , and it is our duty as we are men , to own the powers that be ; and as we are christian men to pray for them ; therefore for him ; that god will make him a glorious instrument in his own hand for his glory and the peoples good . we hope well , but prayer is better then our hopes , and is the means to accomplish our hope : and god is alwayes better to his praying people then their prayers : let us not sinne by withholding our prayers , which thing hath sometimes caused blessings to be turned into curses : let us not limit the holy one of israel , nor give rules to providence ; nor let us spend our time in devising and plotting , nor as the athenians , make it our work to hear and to tell news ; but pray and endeavour for peace and truth ; and beleeve , that god is a rewarder to them that diligently seek him . there is yet balm in gilead , a dore of hope is opened to us ; the seed is yet in the barn ; as yet the vine and the figg-tree , the pomegranate and the olive tree , hath not brought forth ( saith the prophet , ) from this day i will blesse you ▪ hag. . . it is god that prepareth the seed and the ground , and gives the increase by his blessing , psal. . , . therefore let us pray unto god for our governours , for his highness , and for his parliament ; for as god doth instruct the husbandman to discretion , to break the clods of his ground , and to cast in his seed in the appointed place and time , as the prophet speaketh ; so doth he instruct princes , and teacheth them discretion to rule and govern as he pleaseth ; for by him princes raign and rule ; the husbandman waiteth for the fruit of the earth ( saith james ) and hath long patience for it , untill he receive the early and the later rain ; and shall not we follow the footsteps of providence , and patiently wait gods time and means , for giving us the blessings promised ? let us cast off our own wayes , wills and designs , and be obedient to providence , and see what the lord our god will do for us . courteous reader , read me with patience , not with any prejudice : try all truths , oppose nothing that is truth ; good counsell is not to be slighted , nor seasonable reproof to be scorned , though it come from one of whom you could say as achab said of michaiah , that you hate him , and that he doth not speak good concerning you but evil : i have written what god hath instructed me , do you read , and read all ; then judge ( as god shall put into your heart ) of him who is your servant in the lord jesus christ , that desires increase of grace to you and all the israel of god . george smith . the principall things touched upon in the following discourse . god the creator doth govern all things by his secret providence . page . the want of the true knowledge of providence , is cause of murmurings . p. , & . providence set forth by the ladder that jacob saw in his vision , and by the piller of cloud that guided israel in the wilderness . p. . nothing comes to pass by chance or devisings of men , or meerly by nature , but by providence . ibid. providence what it is ? ibid. & p. . it is the eye of god . p. . it ordereth all the actions of men . ibid. the dayes and life of man . p. . it ordereth the dispositions of men . ib. it ordereth the wicked actions of wicked men . ib. it ordereth the secrets of the heart , and the answer of the tongue . p. . it ordereth the least of things , which men falsly say come by chance or fortune . ib. all creatures animate and inanimate wait on god , and obey and execute his command . p. . providence changeth the order that nature hath put into things . ib. all the works of providence are known and certain to god from eternity . ib. but they are all contingent to men . p. . the times of families and kingdoms are appointed by god , their rise and their period is certainly set , and the means thereto conducing . p. , & . why jehu was punished like achab. p. . admonition to those that god hath made punishers of others sins . ib. providence ordereth all actions and things , to advance men and nations as pleaseth him , p. , . providence ordered oliver cromwell to be lord protector . p. . every mercy and every judgment is from god , not from men , but as instrumeuts in gods hand . p. , . inferences drawn from the doctrine of providence . p. . all mercies to men or nations are of gods free grace and love . ib. particular mercies instanced . p. , . all judgments are from god as recompence for sinne . p. . particular sinnes instanced , and at ripeness in england . ib. how priviledges of parliament were lost . p. . a memento of the covenant . ib. the wicked are taken in their own craftiness , and fall by their own designs . p. . observations of some actions and designs of king james , and of the late king . p. , . six peeces of providence very observable to the late king . p. . considerable providences to the long parliament . p. . six considerable quaeries propounded . p. . god hath set a time when he will give in mercies , and when he will instict judgements . p. , . and upon whom . ib. and how much it shall be . p. . but all those times and purposes in god , are unknown to men . p. , . mens boldness to foretell gods times and purposes . ib. revelations and visions in these times , but vain fancies . p. . these are trying and shaking times . p. , . god shaketh nations severall wayes . ib. the word of god like fire shall consume all opposers . p. . the greatest reformation , hath ever met with greatest opposition . ib. three things have long threatned judgment to england . ib. men not able to bring any enterprise to pass by all their contrivings . p. . the lord protector set up by providence , made successfull by saints prayers . ib. although god hath set the time for every purpose , which cannot be altred , yet men are to be diligent in the use of all lawfull means , p. , . how god is said to repent , or to be changed . p. . no means must be used but lawfull means . p. . we must not trust in means , nor be too solicitous in the use of means without a particular promise . ib. nor to use unwarrantable means to obtain lawfull things . ib. christs kingdom is spiritual . he accepts not the use of the sword in the saints hand , to set up his kingdom . ib. reasons why ? p. . the pressings in mens spirits , not alwaies agreeable to the spirit of god . p. , . the spirit of god leadeth but to one truth . ib. the right means to obtain mercies , and to avoid judgments . , . what the doctrine of paul and peter is , concerning the civil magistrate . ib. the civil magistrate hath authority to command the worship of god , and to punish the contemners of it . p. . when god hath manifested his will by the work of providence , we are to submit and not to murmur . p. . murmurers reproved . ib. the effects of murmuring . ib. the causes of mens murmurings . p. . severall sorts of murmurers noted . p. , . order in discipline required by christ in his church . ib. men ascribers , are god prescribers . p. . the murmuring of corah was against the offices of magistracy and ministry . p. , . advice to the people . p. , . men are building new babels . ib. kings , nursing fathers to the church under the gospel . ib. christs enemies shall be slain miraculously , by the sword that goeth out of his mouth . p. . it was israels sinne in asking a king before god gave him , and it is a sinne in any people to reject a king when god gives him . p. . seditious persons like sheba the sonne of bichri . ib. the bitterness of warre , instanced in abner and joab . ib. five principall objections made against the lord protestor , answered . p. . the cause of our late warre , what . p. . the lord protector vindicated , as to former promises . p. . in his trust to the parliament and nation . ib. in breach of priviledges of parliament . p . that this is a free parliament . ib. concerning the militia . p. . concerning his negative voice . p. . concerning religion . p. . concerning making laws , and raising of money . p. . that he is no favourer of cavaliers , but as in justice he ought . ib. gods vnchangeablenesse , or , gods continued providence in preserving , guiding , ordering and disposing of all creatures , men , actions , counsels and things , as at the beginning of the world , so to the end of the world , for ever ; according to the counsell of his own will . that there is a god that hath created the world and all things , we all acknowledge ; the heathen confesse the same , but know not the true god in his essence and being , god hath hid himself from them , farther then what is revealed to them by the works of creation , therefore they frame gods to themselves according to their fancies , and so make many gods : we christians do acknowledge one god , and but one god , distinguished by three persons , father , sonne , and holy ghost ; and that there is three persons or three hypostases , and but one god , is revealed to us by the word of god , contained in the holy scriptures of the old and new testament , where only this mystery of the godhead is to be known ; therefore the wisest and most prudent of the heathen cannot know this , because they have not the sacred scriptures made known to them ; but this we all prof●sse to know and to beleeve , therefore it we●e in vain and lost labour to use arguments to prove it . but that this one god the god of israel doth govern , order , and dispose all c●eatures , actions , things , men and counsels , according to the purpose of his own will , is not so clearly acknowledged nor beleeved , but contrary , it is denied by some though by name they are christians , yet they go not in their practise in this particular beyond the old sect of stoick philosophers , who though heathen acknowledge a deity , yet leave the guidance and ordering of things to nature , and so tye god to second causes ; therefore it will not be unnecessary to prove , that there is a secret and special providence of god that governeth and ordereth all things ; for indeed the want of the knowledge and practice of this is the cause of great complainings , discontents , and murmurings against god and against men ; we look at instrumental causes but see not the efficient cause , the cause of all causes : jaco● did not only look to the foot of the ladder which he see in his vision , but he 〈◊〉 at him who sate at the top of the ladder a ; this ladder doth literally set forth gods providence governing all things ; the steps or gradations of the ladder are the divers means which god useth ; the angels ascending and descending are the ministring spirits which god sendeth forth to execute his will , as the apostle tels us , they are all ministring spirits sent forth to minister for them who shall be heirs of salvation : and the b psalmist exhorting us to the praise of god saith , who is like the lord our god , that hath his dwelling on high , and yet abaseth himself to behold the things in the heaven and in the earth ? psa. . , . he so beholdeth all things as to order all things , and all actions , not only men and angels , but the unreasonable creatures , yea , inanimate things by a providence : as the israelites were led through the wildernesse by a pillar of a cloud by day , and by a pillar of fire by night , so all creatures are guided by providence : you know that when the cloud was taken up from the tabernacle , the israelites journeyed and went forward so long as the pillar went before them , but when the ●pillar staid they staid , in that place where the cloud abode there they pitched their tents , as is said , num. . . again , when the cloud was taken up whether by day or by night , they journeyed , and so long as it rested they remained in their tents ; whether it was for a day or for daies , for moneths , or for years : c god is the same to us that he was to israel , his providence is the same , though altered in the dispensations , &c. god is eternal , and he is unchangeable in all his waies , he made himself known in times past by his wondrous works and special revelations , but now he maketh himself known by his word as well as by his works . the visible things created which are but part of the works of god , do set forth to the whole world his power and wisedom , psa. . and as the psalmist saith , the lord is known by the judgements which he executeth , psa. . . but especially by his word he hath made himself known to his people , his word is contained in the sacred scriptures of the old and new testament , there he hath revealed himself in his attributes , names , titles , eternal essence and being ; and by his word we come to know what his works are , they are revealed in scripture to be decree , creation and providence ; decree was the purpose of god before all time what should be in time , and till time shall be no more ; creation was the making of the worlds and all things in them of nothing , and that was in the beginning of time ; providence is the governing and disposing of all things , by which god the creator doth exercise his kingly power for ever , according to the decree and secret counsel of god , effecting every purpose , in the time , place , and by the means pre-ordained by god . now that there is such a ruling providence that ordereth all things , and every thing in the world , is necessary to be known and beleeved by all ; therefore i shall endeavour to prove it by scripture and experience , and that nothing comes to passe by chance or meerly by nature , nor can be effected and done by any devisings , contrivings , wisedom , or power of men , without the disposing of providence : for if there be a god that made all things , it must needs be that the same god governs all things and their actions , according to his will : but god made all things , that 's confessed , why did god make the creature ? not for themselves , nor to leave them to act and do as they list ▪ but god made all for himself , for his own glo●y , d yea , he made the wicked for the day of wrath : it was indeed a glorious work to make the worlds and all creatures , but it is a more glorious work to govern the worlds and every creature by his most wise providence : this providence he calleth the eyes of his glory e , by it his glory is manifested in every thing , and this glory he will not give unto any other f : providence is the absolute soveraign power of god over the creatures , exercising his eternal decrees and secret counsell , ordering things and actions according to his good pleasure , after the counsell of his own will g ; thus saith the lord ( speaking of things done from the beginning of the world , and things to be done ) my counsell shall stand , and i will do all my pleasure h ; seek ye out of the book of the lord ( saith the prophet ) and reade , not one of these things shall fail , nor ssiall misse one of another i : all things shall come to passe , and be so ordered and fitted unto another as the sword to the scabbard or knife to the sheath : i will speak the word , and the word that i speak shall be done k ; the lord of hosts purposeth , and who shall disanull it l ? he spake and it was done ( saith the psalmist ) he commanded and it stood fast m . there was a sore famine in samaria , and the prophet telleth them that the next day there should be great plenty , but this seemed a thing impossible , and was not beleeved , the assyrians being then with a mighty army besieging samaria n : now the lord made the host of the assyrians to hear a noyse of horses aad chariots , and of a mighty host , and for fear they all fled from their tents , and left their tents and camp , even as it was with all provisions , and fled for their lives o : now there were four lepers that were in distresse and ventured themselves to go to the camp of the assyrians , where they found abundance of food and treasure , and all the host was fled ; these bring tidings to samaria ; and as the lord had said by his prophet so it came to passe p : here was no contrivance , nor wisedom , nor power of men in all this , but the work of providence ; so you shall see that when two men go into the field to hew wood , the head of the axe sticth from the helve at unawares , and killeth one of these men q : this is the work of providence , and in such a case god himself saith , i have delivered such a man to the slayers hand r : if god take care of a sparrow , he much more taketh care of a man , but a sparrow falleth not to the ground without the providence of god , and a mani , of more value then many sparrows ſ : two men travell on the way , the one is robbed of his purse , the other is never assaulted , this is providence in the one and in the other . you know ahab would needs go up to ramoth-gilead , he was very confident of victory , he takes much advice and counsell about it , strengthens himself by the assistance of king jehosapha● , and is encouraged by no lesse then four hundred false prophets ; all say to him go and prosper t ; only mic●iah the prophet of the lord tels him from the mouth of god , that he should not return in peace ; ahab scorns the prophets words , and imprisons him , and goes on with confidence of his design ; now what crossed him in his design , contrivements , and power , &c. the text tels you , a certain man drew a bow at a venture , ●nd shot an arrow ; he knew not ahab , nor could any know him , for he had disguised himself ; ahab wanted not for any contrivance , policy , counsell , nor strength to preserve himself , yet maugre all policy , the arrow thus shot at a venture findes out ahab , and although ahab was armed it is by providence guided to the joynts of his armour , where it enters , and hits ahab so that he died u ; here providence executeth the decree of god upon ahab ; you know the king of assyria sent a mighty and invincible army against hezechiah king of judah , confident of successe : hezechiah unable to make opposition by any equality of strength , yet this invincible host is destroyed , not by any art , wisedome , counsell , or strength of men , all was wanting ; but an angell of the lord went out and smote the camp of the assyrians in one nigh●one hundred fourscore and five thousand w , this is also the work of providence . as the actions of men so their daies and life are ordered and appointed by god , therefore saith holy job , the daies of every man are appointed by god , and all those daies are ordered by providence , though men know them not , nor how they are secretly ordered and every hour preserved till the appointed time be come , for saith job , thou hast appointed his bounds that he cannot passe x , therefore saith he , i will wait till my change come y ; so the pro david , my times ( saith he ) are in thy hands z . and as providence ordereth the actions and lives of men , so it doth reach to the orderings of the disposition and naturall affections of men , either to love or hatred , to kindnesse , or to chur●ishnesse , what else changed the disposition and affection of esau , from bloudy wrath to loving kindenesse , when he came out against jacob with hatred , and when he meeteth him he embraceth him with loving-kindenesse and brotherly affection a ; so you shall see laban pursuing jacob in great anger , and when he is on the way his disposition and anger is changed b ; you may see the midianites that came out against israel all in love one with the other , and hatred against israel , fall one upon another , and destroy one another , providence ordereth that every one set his sword against his fellow c ; the like you may see in the army of the philistims d . yea more , it is evident from sacred scriptures , that all the wicked actions of wicked men are ordered by providence , god ruleth them , and orders them for the accomplishment of his secret counsel , and by the ordering of those actions god hath glory : i say , they are ordered by providence , not as wicked men intend or act them , they intend and act out of a wicked principle , to a wicked end , but god orders them otherwise , to effect something of his own decree , and turns it to good in the doing his will ; the action , and the sin in the action is their own , but the ordering of the action is of god : all wicked actions of wicked obdurated pharaoh , providence ordered to the glory of god . st paul hath this expression , for the scripture saith of pharaoh , even for this cause have i raised thee up , that i might shew my power in thee , and that my name might be declared throughout all the earth , e rom. . . his cruelty in destroying all the male-children of the hebrews ; moses being cast into the river , the repulse that pharaoh gave to moses message from god , his encrease of the burthens and labours on the hebrews , and his oft refusing to let the people go , &c. providence ordered all these things to the advancement of gods glory : so it is said of sihon king of heshbon , that god hardened his heart , and why ? that sihon king of heshbon out of the bitternesse and envy of his own heart against israel , should refuse to suffer them to passe peaceably through his countrey , to the end that israel might have a just cause to engage warre with them and destroy them f . was there ever so great an act of wickednesse acted in the world , or invented , as that horrid conspiracy of herod , pontius pilate , judas , the gentiles , and the people of the jews against the lord christ ? yet providence ordered all this , and brought the greatest good out of that most horrid act ; the scripture saith plainly , that all this was no more but what was before-determined should be done g : st john speaking of the unbelieving jews from that place isa. . . saith , god hath blinded their eyes and hardened their hearts h : and esay saith , the lord hath powred upon them the spirit of deep sleep , and hath chosed their eyes , the prophets , rulers , and seers hath he covered i ; god is not only a bare permitter of evil actions in men , but he is a powerful agent , ordering of those evil actions by his wise and secret providence , to serve to the purpose of his own will ; the sinne is their own but the guidance of the action is gods , ordered to his own glory ; job tels us , that the deceiver and the deceived are both his k , he ordereth both ; if a prophet be deceived when he hath spoken a thing , i the lord have deceived him l , that is , such prophets as ahabs four hundred prophets were , whom satan could not deceive till he was bid to go and prevail : all the actions of the devil are ordered by providence , and there is not , nor cannot be any action of the devil but what is extreamly wicked : remarkable is that place of st john , rev. . . speaking of that foul apostacy of papacy , he saith , they shall give their power and strength to the beast , he saith not they will give , but they shall give , as a thing that god had pre-ordained to be , much more may be said , this i hope may suffice to prove this truth . yet furrhermore you shall see , that as god orders by his providence all men , and all actions , of all sorts , their times , their dispositions , &c. so he ordereth the very secrets of the heart , and the answer of the tongue ; the wiseman tels us , the kings heart is in the hand of god , be turns it as the rivers of waters whithersoever he will m : and the answer of the tongue is from the lord n , to this effect is that saying of christ to his disciples , take no thought what you shall speak , for it shall be given to you what to speak at the same hour o : the man thar shall consult within himself , and debate in his own thoughts , and come to a full resolurion what he will answer or speak to this or that thing , so as that he thinks nothing shall alter him , yet that man when he comes to put his resolves into action , shall speak or do as providence shall order and direct , it may be quite contrary to what he resolved , something will come in between the preparation and the action ; caiaphas the high priest doubtlesse spake not those words of himself when he said , it was expedient that one man should die for the people , but providence ordered him to use those those words , that as he was high-priest that year , he prophefied , that christ should die for the nation p : so the wiseman tels us , many seek the favour of the ruler , but every mans judgement is from the lord ; as we know men usually seek the favour of a judge before whom they have a matter to come , but they consider not that the verdict shall be as providence shall order it . yea , providence extendeth to the least and smallest of things as well as to the greatest , for god worketh all things after the counsell of his own will , even those things that men corruptly call chance or fortune ; the very hairs of a mans head they are numbred q , a sparrow is one of the meanest of birds , yet a sparrow falleth not to the ground but by providence r ; the grasse , the corn , the trees , the plants , and the flowers of the field grow and flourish by providence ſ , yea , the lot that is cast or drawn as we say by chance , is ordered and disposed by providence ; providence ordereth all and every thing . and as god by providence governs and orders all creatures and their actions , so all creatures readily obey his command , they are all at his call , at his beck they come , and at his beck they go , whatsoever he commandeth that they do ; every creature in their kinde own him for their creator and preserver ; the eyes of all ( saith the psalmist ) wait upon thee , and thou givest them their meat in due season t ; god is the great master of the whole universe , the great family of the world , he sets every one in their station , appoints every one their work , and pays them all their wages ; thy judgements ( saith the prophet ) are a great deep , thou preservest man and beast u ; the young lions seek their meat of god w ; and god prepareth for the young ravens their food x ; the creatures are the hosts and armies of god , at what time soever he is pleased to muster them together ; the contemptible grashoppers if god please to whistle them shall be a destroying army y ; poor despised flies shall come in swarms to plague a whole nation if god command them , yea , at gods command , frogs and lice shall be irresistible armies ; and who can stand before them ? the hail , the ice , the snow , the fire , the water , the windes , all and every thing are at his command ; all things in heaven , on the earth , in the seas , and in hell , are at his beck ; angels , men , beasts , birds , fishes , yea devils themselves are commanded by god , and are his instruments to punish , overturn , lay desolate , and destroy the mightiest monarchs , kingdoms , or people as pleaseth him . yet further , that order that nature hath set in the creatures or things , when god pleaseth to command , shall be altred and changed in extraordinary manner ; the red sea must part in sunder and stand as a wall on this side and on that side ; the proud streams of the river jordan shall be altred and turned back , even in the time of her highest pride and overflowings z ; the sun which as the bridegroom cometh out of his chamber , and as a giant rejoyceth to run his race a must at gods command , for execution of his decree stand still upon mount gibeon b : again when god pleaseth it shall neither stand still nor go forward , but it must go backward ten degrees c ; let jouah be cast into the sea , if god command the waters shall not drown d ; if daniel must be cast into the den of cruell , hungring , ravening lions ; they shall not be able one of them against gods command , to open a mouth to hurt him e , if the three children must be cast into a double-heated , fiery furnace , the fire shall not burn , nor so much as scorch one hair of their head f ; when god will have israel come out of egypt in quiet , not so much as a dog in all egypt shall move his tongue at man or beast g ; and when god commands the very dogs of jezabels own house shall tear and devour jezabel h , all things act or forbear to act as god pleaseth to command them , they readily execute all his pleasure . known unto god are all his works from the beginning of the world i , that is , nothing is new unto god in all the works of providence ; he knows all and every thing from all eternity , what shall be for ever ; there is no contingency in the decrees of god , they are certain and unchangeable , nothing shall fail of all that he hath purposed , but providence shall surely effect and accomplish every work in its appointed time and season , and by the means appointed , according to the pleasure of god , but unto men the works and decrees of god are unknown , they are contingent both in respect of actions and events : and hence it cometh to passe that great works and strange events that providence bringeth to passe in the world are wondred at , because they are strange to us , we never see such a thing , such a change , such an overturn , &c. nor looked not for any such thing ; as the prophet speaks , when thou didst terrible things which we looked not for , when thou camest down the mountains flowed down me thy presence k , that is , when god appeareth in the world , in acting any new and great work , which we have not seen nor looked for , whether it be in the delivering of the church out of some great affliction , or bringing calamities upon his church for their sins ; or whether it be in visiting the nations inhabitants of the earth for their long-born with iniquities , their abominable murthers , cruelties , and oppression , their contempt of god and persecution of his servants the ministers , &c. when god i say shall come , and unexpected by us , unlooked for , overturn , overturn , throw down the mighty , lay waste and make desolate strong cities , fortified nations , and the greatest monarchies ; then the mountains shall melt , or flow down as water at gods presence , all obstructions shall be cast out of the way , the great men and most crafty counsellors , that stood like mountains a little before , seeming impossible to be removed , these shall vanish and come to nothing ; who art thou o great mountain before zerubbabel ? thou shalt become a plain l ; god will throw off kings , and corrupt , irreligious , oppressing parliaments , let them make their mountains never so strong they shall be cast down : this is the absolute soveraignty of god , the exercise of his kingly power , his everlasting dominion : who is ( as the apostle expresseth ) the blessed god and only potentate m , he who hath on his vesture and on his thigh a name written , king of kings and lord of lords , rev. . . he changeth times and seasons , removeth kings and setteth up kings , &c. he is a just and righteous god , and hath no respect of persons , keepeth covenant and promises to his people , will not fail , nor can be hindred ; he is infinite in power , and he is unchangeable in all his waies and works ; he is the king of saints n , he goes forth conquering and to conquer o all kings and nations that are his enemies , and shall break them with a rod of iron , and dash them in peeces like a potters vessell p , for he is also king of nations q , and for the seed of jacobs sake he will break in peeces the shepherd and his flock , the captain and the rulers r ; out of his mouth goeth a sharp sword , that with it he should smite the nations ſ , and he shall rule them with a rod of iron , for the lord is high above nations , and his glory above the heavens t ; to him the nations are as the drop of a bucket , and the small dust of the ballance , all nations are before him as nothing , and are counted to him lesse then nothing , and vanity u ; he hath measured the waters in the hollow of his hand , and measured the heavens with a span , comprehended the dust of the earth in a measure , and weighed the mountains in scaics , and the hils in ballances * : such is the greatnesse of gods power ; the daies of men , the years of families , and the ages of kingdoms are all by him numbred and determined , the time of their beginning , the time that they shall continue , the times and means of their encrease , and of their diminution , and the instruments to accomplish all gods will in every particular ; all is known and appointed by god , * till which time they shall stand , and longer they cannot stand ; their period is certain , determinated by god who is unchangeable ; but unto men they are altogether unknown , therefore uncertain ; secret things belong unto god , yet these secrets god will reveal to his saints in the time appointed , when the time of the accomplishment is come and not before , as we shall shew afterward in the proper place . you know that gideon was a good man , and god stirred him up to be a deliverer of his people from the bondage of the midianites , the people would have made him their king , and his poster●ty to rule after him , which he refused ; yet gideon that he might leave a memorial of his acts and name , asked of the people their earrings , and their chains of gold , which they had taken as their prey from the conquered enemy , one thousand seven hundred shekels of gold , besides other ornaments , &c. which they willingly gave him , of which he made an ephod , and put it in his city , and all israel went a whoring after it , that is , they superstitiously worshiped it , which thing became a snare to gideon and to his house y ; this was the means to bring a period to gideons family , for as soon as gideon was dead , abimelech the son of gideon , which he had by his concubine a shechemite , together with the men of shechem , conspired against the sons of gideon , which were threescore and ten , and slew them all save jotham who escaped ; thus god made abimelech the instrument to punish the sin of gideon , and abimelech was made king , and reigned . years ; here was ambition , treachery , and murther in abimelech , and in the men of shechem , this puts a period to the life of abimelech , to the people of shechem , and to abimelechs kingdom , for the text saith , god sent an evil spirit between abimelech and the men of shechem z ; so that abimelech is the instrument to destroy the men of schechem that joyned with him in his conspiracy and murther of his brethren , and set him up over them ; and when he had done that , providence makes a silly woman the instrument to destroy abimelech a . so you know ahab sinned , he sold himself to do wickedly , and god by the prophet foretelleth the destruction of him , of his family , and of his kingdom b ; providence brings jehu to be the instrument to accomplish this work , iehu did it to the full , and with great zeal , seeming to the lord of hosts , but iehu's heart was not upright before god c , therefore the prophet hosea from the mouth of god denounceth judgement against the house of iehu for the bloud of ahabs house d ; iehu did all that god had threatned against ahabs house , and he did but what was the will of god should be done , yet iehu must be no lesse punished then he had punished ahab ; calvin gives a good reason of this , it was not ( saith he ) for any act done ro iezabel , or upon the children of ahab , for in all that the lord himself testifieth he did well e , but because iehu's heart was not upright to god in that that he did , and because iehu did not depart from the sins of ahab f , iehu sinning like ahab must be punished like ahab , and it was made good accordingly at the time appointed g : the apostle tels us that these things are written for our adusonition h , &c. this is an admonition to them of our time whom god hath made instruments to punish the sins and oppressions of others , that they take heed that they be not guilty of the sinnes and oppression that they have punished in others ; it were a happinesse to this nation if some were not as faulty as those that they have punished ; it is good that sin be punished , but it will prove very ill to the punishers that walk in the practise of the same sinnes . it was well done of henry the eight in putting down the popes supremacy , and demolishing monasteries , nunneries , priories , &c. let his end be what it will , or what it was , or the cause of doing it ; but it was very ill in henry the . that he continued in the practise of the same superstition and persecution of gods people : it was a good act to cut off tyranny , but it is extream evil that the same hands should act high oppression ; god will stir up other hands to cut off them and their families , he hath already shewed his anger , and will perfect it to their ruine , if their repentance prevent it not , for god is unchangeable in all his judgements and his dealings with men , wherein a man sinneth therein he shall be punished , as it was with adonibezek , if men notwithstanding all warnings , admonitions , and examples , will go on in sin , it is a sign that their period is nigh : thus it was with the sons of ely , they were wicked , and they were oppressive , they caused the sacrifices of god to be abhorred i , and they were admonished by good old ely , but they would not hearken to his voice , to be reformed , and why ? because saith the text the lord would slay them k , and providence ordereth the philistins to be instrumental to accomplish it ; this was also the occasion of casting off flies family for ever : by this we see how providence orders things , actions , and instruments to overturn and cut off men and families , yea , whole kingdoms , as we see in the mighty of chaldea , at the period of time the hand-writing upon the wall shewed belshazzar that god had numbred his kingdom and finished it l , the set time was come , and the same night was belshazzar slain , and the monarchy transferred to the medes and persians , when he little expected such a change , as appeareth by his jol●ity , feasting , and drinking wine , with a thousand of his lords , and causing the vessels of silver and gold to be brought to carouse in , which his father nebuchadnezzar had taken out of the temple in hierusalem ; god defers long , but when he smites he doth it suddenly , when men least look for it , and that irresistibly . now as providence ordereth things , actions and instruments , to cut off and to destroy , as it pleaseth him , so providence ordereth things , actions and instruments , secondary causes , to advance men , families , and kingdoms , when he pleaseth ; of which i shall offer two or three instances ; we see when god for the bringing his own purpose to passe in accomplishment of his decree and promise made to abraham , and would to that end advance ioseph above his brethren , that he might be the instrument to preserve his fathers house , which was then the only visible church on earth , providence orders every thing to concurre : and herein observe these nine particular peeces of providence : . iacobs love to ioseph procures his brethrens hatred m . his brethrens hatred procure consultations and conspiracies against the life of ioseph . . providence suffereth them not to agree in their counsels to kill him , and so his life was preserved . . they sell him to the midianitish merchants , these merchants carry him into egypt , and there they sell him to potiphar a chief officer to king pharaoh , where god blesseth ioseph and prospered all that he put his hand unto n . . ioseph is cast into prison by the false accusation of potiphars wife : in the prison he findeth favour of the keeper of the prison , and is trusted by him o . . two of pharaohs servants , his chief butler and his chief baker are by pharaoh cast into the same prison where ioseph was p , and are put under iosephs charge . . this butler and this baker dream each of them one dream in one and the same night ; ioseph came to the knowledge of their dreams , and shews them the interpretation of it . . this occasioneth iosephs skill and knowledge in the interpretation of dreams to be known q . pharaoh also dreameth a dream which none could interpret , which occasioneth ioseph to be sent for out of the prison , who telleth unto phara●h the interpretation of his dream ; upon which ioseph is made ruler over pharaohs house , and over the whole kingdom , next to pharaoh himself r . god brings a famine on all the earth , except in egypt , for there he had given plenty ; therefore iacob sends his sons into egypt to buy food ſ there they bow to ioseph their brother and do homage to him , as was foretold by his dream , and for which they so much the more hated him t : thus you see how providence ordered every thing to concurre to effect gods purpose : and ioseph himself ●els his brethren as much , saying , it was not you but god that sent me before to preserve you a postcrity on earth , and to save your lives u , &c. a means to accomplish what was promised long before w . the like instance we have in the advancement of h●ster and mordecai : very observable in ten other particular peeces of providence : . that at so great and publike feast as the king ahashuerus made to his princes and people , it should come into the kings minde to send for his queen vastai , a thing unusuall at such meetings . . that the queen should give so peremptory a denial : and that the king for that one offence , should be so greatly incensed against his queen , whom he loved ( and in whose beauty he gloried ) as to call for advice to revenge himself upon her x . . that the princes , nobles and wise men , should thereupon suddenly advise to put away vastai from being queen . . that when the fairest of the persian virgins were to be called to the king to chuse him another queen , that ester should be brought amongst them , who was of a strange countrey and a captive , without any friend or means in court to preferre her , nor was her kindred nor family known , yet providence gives her favour in the eyes of hegai the keeper of the women y , and of all that looked on her , and specially in the eyes of the king , so as she was taken into the house royall , and afterward became queen in vastai's stead z . . that mord●cai a captive jew should be in the hearing of the treason plotted by two of the kings servants to take away the kings life , and that by his discovery the treason was prevented a . . that this discovery of morde at should be recorded , and mordecai named for the discoverer . . that haman the agagite having gotten an irrevocable decree to destroy mordecai and all the jews , the whole church of god b , yet swelling in rage against mordecai , prepared a gallows of fifty cubits high to hang mordecai thereon c . . that the same night before the intended execution of mordecai , sleep should go from the king , which caused him to call for the chronicles to be brought and read before him , and that the act of mordecais discovery and saving the kings life , should be then among thousand other things pitched ●pon , and read to the king , which then occasioned the king to think of giving honour to mordecai , which he never thought of before d . . that at that very instant haman should come to the king with intention to speak that mordecai might be hanged on the gallows prepared , of which he was not only disappointed , but to his shame and grief was made the instrument to honour mord●cai , and being taken in his own snare was himself hanged on the gallows he made to hang mordecai e . . that esther by her intercession to the king in the behalf of her self and her people , obtained her request , and they the people that were designed to death became the destroyers of their enemies , so that the church of god was not only preserved from the cruelty of their enemies , but was greatly advanced to their great joy , rejoycing , and thanks-giving , to the praise and glory of god ; all which is left to the memory of all ages upon sacred record ; such is the power and wisedom of god so ordering every thing by his providence to his own glory and his peoples good . take into your consideration the many providences for preservation to david ▪ whom god purposed to advance to the ●hrone of israel : what straits and difficulties he was often brought into by by designs of secret enemies , treacheries , revolting of friends , and the malice of saul and his flatterers , daily pursuing his life , with a great and resolute army , all made frustrate by providence , that the decree of god prophesied by iacob , might in him be accomplished , that a scepter should not depart from iudah , nor a law-giver from between his feet until shiloh come f , which was spoken of david and in him fullfilled g , the particulars would be too long to instance them ; it may be i shall touch some of them in another place afterward , and leave the whole story to the reader to contemplate . something i might say of many particulars and clear providence , observable of late daies in ordering things , actions , and instruments , leading oliver our present lord protector to the place , office , and dignity in which he now ruleth , with the honourable high court of parliament , for whom i pray , and of whom i intend to say something more in the proper place afterward , in the mean time we have i hope said enough to prove that god and god alone pulleth down kings and setteth up kings ; that so we may acknowledge that every mercy and every judgement is from god , ordered by him , and is not from men , whatsoever their designs are , or whatsoever they intend or aim at as their end , for all men good and bad are but instruments in gods hand , secondary causes , and can do nothing but what god by providence leads them to do , or permits to be done to effect his own purpose and secret decre● , ordering all and every action thereunto . it is true , that a merciful man doth good , and a good man sheweth mercy , but a good mans goodnesse is not his own , he hath received it from god who is the fountain of all good , nor can a good man distribute good to another but as he is guided by god , he is but the instrument in gods hand , every good and perfect gift is from above , and cometh down from the father of lights h : a man may be able to do good to this or that man , yet he may sometimes want will to do it , if he have a will it is from god , where , how , or to whom he shall do that good ; or if a good man have a will and intention to do good to this or that man , his intentions may be crossed that he cannot do it , or if he be not crossed in his intentions , yet the good he doth may turn to the hur● of him that receives it , except god blesse and prosper it , so that all good and every mercy to any man , let the instrument be what it will it is from god : god gave ioseph favour with the keeper of the prison i and god extended mercy to his people in the sight of the kings of persia k , all is from god ; men are but gods instruments , therefore iacob praieth to god that god would give his sons favour with the men they had to do with l . and as it is in mercies , so it is in judgements and afflictions , all is from god , men are his instruments , secondary causes ; it is true that wicked men devise and imagine mischief continually , and plot against the righteous , to afflict and to molest them , although the wickednesse which they plot is their own ; and they think they have power to act accordingly , they never wanting will to do it , yet they are crossed by providence in acting what they intend : and often yea alwaies ( to the elect of god ) the evil they think to do turns to the good of them against whom it is done ; as the bufferings from satan did to paul , it was advantage to him , for if wicked men could act answerable to their wils and intentions , neither righteousnesse nor holinesse should be amongst men ▪ not the man on earth that should practise either , but they are in gods hand , his instruments , to do his pleasure , and no more , neither wicked men nor sa●an himself cannot do , as shall be shewed afterward . the want of due and serious consideration of this truth and submission to it , causeth much discontent and murmuring among men , for in our affl●ctions we are ready to fly in the face of men , meer instruments , secondary causes , and as the prophet complains , we turn not to god that smiteth us , nor seek to the lord of hosts m ; we are like the dog that bites the stone that is cast at him , but looks not at the hand that cast it ; we are sensible of the rod that whips us , but take no notice of the hand that holds it ; we complain of men and things , accidents and causes , and it is likely not without cause , but god the cause of all causes ( except sin ) we consider not , who saith of himself , i the lord do all things , i create the light and make darknesse , i make peace and create evil n : god mingleth a perverse spirit in the midst of counsell o , he leadeth away counsellors spoiled , and maketh judges fools p ; god stirred up hadad and rezon to be adversaries to solomon q , and they did much mischief in israel all solomons daies ? shall there be evil in the city ( saith the lord ) and i the lord have not done it r ? that is , evil of affliction , punishment , not the evil of sin , for that is the procuring cause of all punishment , as we shall shew in the proper place ; all that i now drive at , is but to prove , that all secondary causes , men or things , can do nothing of themselves either to misery or to happiness ; but that all mercies and all judgements , are of god , from him , and by him , he disappointeth the devises of the crafty , so that their hands cannot perform their enterprise . this i say is the soveraignty of god the creator over all things , governing the world by his wise and secret providence ; and it doth above all things declare the glory , omnipotency , and incomprehensible wisedom of god , working in and by all things , after the counsell of his own will ; that all things though in motion and use , never so contrary one to another , and in their nature and ends destructive one to another , yet all and every thing in most harmonious union , work together in one consent to effect and accomplish whatever god hath in his secret counsel determined , yea , by the worst of instruments , to do glorious things , bringing good out of their evil , and work deliverance to his church by the , enemies actions , and destroy his enemies by their own counsels , causing the wisedom of the wise to perish , and to hide uuderstanding from the prudent ſ , when he giveth quietnesse who can make trouble ? and when he hideth his face who can behold him ? whether it be done against a nation or against a man only t . thus much shall serve for foundation or groundwork of our intended discourse , from whence we may gather some inferences , and therein take a view of some late and remarkable providences in these our daies , ordering counsels actions and things contrary to mens designs and endeavours , and working all things after the counsell of his own will , pulling down and setting up whom he pleaseth for the accomplishment of his own secret purpose , first one , and then others , changing times and seasons , men and counsels , governments and things : from whence i inferre , first , that all mercies are from god , and are given in to a nation or people of gods free love , not of any desert , merit , or by any procurement of men . secondly , that all judgements and afflictions are from god only , and are the just recompence for sin , procured by our selves , men or things afflicting , being but secondary causes , instruments in gods hand . that the evil designs of men , their wicked counsels , aims and ends , are all ordered by providence , and turned to their own ruine . fourthly , that god in his secret counsel hath set a time when he will give in mercies to a nation , and when he will inflict judgements , and hath also appointed the means , and upon whom it shall be , what it shall be , and how much it shall be , and that those times altogether unknown to men fifthly , although god have set the time for the one and for the other , which shall certainly be accomplished in its time , according to gods good pleasure , yet men are to be diligent in the use of all lawful means for the obtaining of the one , and for the avoiding of the other . sixthly , that when god hath effected and done his will in any thing visibly made known to us by the work of his providence ; we are not to murmure nor repine though it be in any thing contrary to our expectation or desire , or though it be to our great affliction , but to submit to it willingly , only by praier to seek unto god , and patiently wait his time and means for deliverance . for the first , that all mercies are from god , and are given in to a people or nation , of gods free love , not of any desert , merit , or by any procurement of men ; this inference is very clear , and warranted by sacred scriptures , whether spiritual mercies or temporal mercies . first , all spiritual mercies are of gods free love , we neither deserve , nor can by any means of our own procure the least spirituall mercy ; we are all by adams fall alienated from god , and are become his enemies n , we are born heirs of wrath w , and there is nothing in us that can reconcile us to god , nor any way appease his wrath against us , therefore whatever the mercy be that we enjoy it is of gods free-love ; any punishment lesse then hell fire is a mercy from god which we cannot deserve : god indeed made man righteous and upright , but men have sought out many inventions x ; men can pervert their own waies , and make themselves miserable , but no way help themselves out of misery ; but god so loved the world that he gave his only begotten son , &c. joh. . . so loved , that is , he loved beyond what can be expressed , he gave his only begotten son , it was a free gift , free love , in the full dimensions , unconceivable and incomprehensible , he sent his son made of a woman and made under the law to redeem us , that we might receive the adoption of sons y , yea , christ gave himself to redeem us from our iniquity z ; we are not redeemed by corruptible things , but with the precious bloud of christ a , if all the angels in heaven should give themselves to die for the sin of one man , it could not redeem him ; all angels and men joyned together cannot procure the expiation of one sin , therefore all is of gods free love ; but that god should give his son jesus christ into the world to take our nature , our flesh , and for us to undergo reproach and shame , and sorrow of soul , and at the last lay down his life for us , that we by his death might have life ; this is a love not to be expressed . secondly , all temporal mercies are of gods free-love , no man hath by right nor desert the least claim to any good thing , but as it is the free-gift of god , every mercy to a nation , to a family , or to a particular man is the free-gift of god : it is gods free love and mercy that the heavens are not made iron and the earth brasse , and that our fruitful land is not turned into a barren wildernesse , that the fruits of the earth are not parched away by droughts , nor destroied by inundations , nor an enemy let in upon us to devour and consume all our labours ; it is gods free mercy to man to give wine to chear the heart , and bread to strengthen him : and that he giveth us rain from heaven and fruitful seasons , filling our hearts with food and gladnesse , a mercy that we of gods free mercy enjoy at this day beyond imagination ; and it is free mercy that god doth not suddenly smite us for our unthankfulnesse under such enjoyments , and for the murmurings of men for such a blessing ; it was gods free-love to his church to put into the heart of henry the . to cast off the popes supremacy , let the cause or end be what it will ; it was from god the earnest of future deliverance from the bondage of spirituall babylon : it was gods free-love to preserve q. elizabeth from the rage and bloudy plots of an antichristian brood , that she might be instrumental to a gospel-reformation , carried on by her with much piety , although not perfected : it was gods free-love to this nation to scatter the spanish armado in . and to defeat the papists bloudy design in their hellish plot of the powder-treason in . and it was free mercy from god to withhold the destroying plague of pestilence from this city of london , amidst the many great distractions wherewith he had afflicted us ; this sinfull city which deserves nothing from god but wrath and judgements , yet god hath long spared it , when the plague hath been sore in other countreys , and in divers places of this nation ; it was doubtlesse free-mercy from god that god gave us a parliament in . and the fault was in men that it was not for happinesse to posterity : it was free mercy from god that we were victorious over the power of a late royall army , and that we were not given as a prey into their hands , and it was no lesse free mercy to england , that we had victory over he insulting people of the netherlands ; as also to order things by his wise providence , to compose things so as new to settle a peace between the two common-wealths , which i pray may be lasting to gods glory : it was the lord that was on our side when men rose up against us , else they would have swallowed us up quick : the snare is broken and we are escaped . and truly ( whatsoever some men think ) it was a great and free mercy from god that our everlasting parliament was dissolved , who had a price put in their hand , but they neglected it though they sate full twelve years : self-seeking , covetousnesse , and private interest blasted the good fruit we expected ; at the first we made them demy-gods , but god hath shewed us they were but men : they indeed took off an oppressor , but they gave life to oppression , and brought a free people into hard bondage : the house of israel was gods vineyard , and the men of judah his pleasant plants , whence god looked for judgement but behold oppression , for righteousnesse but behold a cry b ; religion and policy were with many but one and the same thing , we fasted for strife and debate , and smote with the hand of wickednesse , but did not loose the bands of wickednesse , to undoe the heavy burthens and let the oppressed go free c : providence dissolved that parliament not yet that i know lamented by any : and truly i conceive it was no lesse mercy from god that the succeeding parliament was dissolved too , many members therein having a design to destroy our laws and religion , to cut off the head of the two great ordinances of god , magistracy and ministery , at one blow , and so set open a floud-gate for loose licentious liberty to break in upon us to our confusion , where then should we have found the true liberty and priviledge of the people so much talked of , while we were under the oppression of an arbitrary power ? blessed be that providence that hath prevented those designs , and freed us from that yoke , giving us comfort in hopes of a setled peace and holy reformation , with the restoring us again to our laws and true priviledges , by that illustrions and noble champion oliver lord protector of england , scotland , and ireland , & e. whom providence hath made instrumental to hinder destruction to the nation , and provide that our teachers are not driven into corners , as the lord hath promised they shall not be d . let no man mistake me to think that i am an enemy to parliaments , i am not god knows it , but i am a lover and honourer of parliaments , and shall ever , as my own life , and the publike safety , but i hate the sins of parliaments , covetousnesse , self-seeking , oppression , schisms , divisions , factions and private interest , these god hates , and i cannot nor will love what god abhors though i be hated for it : i do with much thankfulnesse acknowledge it as a free mercy from god that we have this present parliament , my praier is , that god will make them blessings to lasting posterities ; and surely it is free-love and mercy from god in setting up that authority and single person which hath called this parliament ; and as great a mercy that providence discovered that plot and murtherous design hatched in france and to be executed upon his person in england : the same mercy and free-love was extended to this nation for his highnesse late escape from the danger of his presumptuous attempt in a recreation not becoming his dignity , i pray it may be a monition to him not again to go out of his place and rank : providence having called him to the care of the greatest affairs con●erning the church of god in general , and the welfare of the people of these three nations , a heavy burthen ! and requires the whole strength of body and minde ; and above all these mercies we must not forget to acknowledge it a mercy from god that we at this day do enjoy the ordinances of god , notwithstanding the mighty oppositions both on the left hand and on the right hand , superstition on one side and imprudent zeal on the other , we have the word of truth held out to us , and may enjoy every ordinance in its purity if we will , or if we were not wanton ; for men may be as holy as they will or can be , there is no restraint in that , nor persecution for it : i wish we did not too much counive at grosse apparent heresie and blasphemy , for though the truth should be free heresie should have a bar , god blames the church of pergamus and the church of thyatira , for suffering them them that held the doctrine of balaam : and for suffering her that called her self a prophetesse , to teach and seduce e , &c. dead flies ( saith solomon ) cause the ointment of the apothecary , to send forth a stinking savour f , and corrupt doctrines suffered are dishonour to the truth . we come to the second inference , and that is , that all judgements and afflictions are from god only , and are the just recompence for sinne , procured by our selves , men or things afflicting , being but secondary causes , instruments in gods hand : this is very fully proved in the whole book of god , that all iudgements and afflictions are from god ; is sufficiently proved in our foregoing discourse ; and that they are the just recompence of sinne is as clear , for god never punished but for sin , and if there had been no sin there should never have been any punishments , the soul that sinneth shall die g : the old world was destroyed by a deluge , and why ? for sinne , god saw that the wickednesse of man was great upon the earth h &c. and for sinne sodom and gomorrha was destroied by fire from heaven : nadah and abihu for their sinne were devoured by fire , and that ( for ought we know ) for a sinne of ignorance i : the wages of sinne is death k ; what else is warre , pestilence and famine but the recompence of sin ? and so procured by by our selves : all afflictions on the body , in the minde , on the estate , or in our respective relations are just recompence for our sinnes from the hand of god l ; there hath been no alteration , no overturnings , iudgements and misery but for sin , and is all procured by our selves : we may say of england as daniel said of israel when they were under the captivity of chaldea , to us belongeth confusion of face , to our kings , to our princes , to our fathers , and to all the people because of our transgressions m : and as ezra , that god hath punished us lesse then our deservings n : and as jeremy , it is of the lords mercy we are not consumed o : our elder sister is samaria , and our younger sister is sodom , we have justifiedour sisters in all the abominations which we have done p : what shall we say to the pride of england even in the day of her calamity ? oh the pride of apparel , the pride of place , of gifts , of blessings received , yea of graces and of our supposed or flattered humility ! what shall we say to the idlenesse and fulnesse of bread ? the drunkennesse , swearing , forswearing , and the abominable blasphemies , that england is guilty of ? and what shall we say of the murders , adulteries , mighty oppressions , self-love , and wicked sorcery that is in england ? the dishonouring of the lords day , contempt of gods worship and generall neglect of all duties of the first and second table ? what lukewarmnesse is there in religion ? more then ever was in laodicea , what hot contentions about fancies and ceremonies , and coldnesse to the power of holinesse ? what unthankfulnesse under the enjoyment of multitude of mercies ? what security and self-promising of happy condition ? as if no evil could befall them , like the men of laish that dwelt carelesly , and there was no magistrate in the land that might put them shame in any thing q : although our professed and common enemy is vigilant , watching and seeking all advantages against us , if god should ( as they hope ) give us into their hand , were it not just with god ? and were it not by our own procurements , may not god say to us as to israel , thou hast destroyed thy self , but in me is thy help r . give me leave ye people of england , my brethren , to put you in remembrance of one sin more ; and it is not a little one of which i fear many thousands are guilty more or lesse ; you made a solemn covenant , with your hands lift up to the most high god , in the time of your distresse , for reformation and defence of religion , as should be agreeable to the word of god ( not the established discipline in scotland nor england , but ) for the setling one discipline in the three nations , and that is no lesse then the command of god , ye shall have one ordinance both for the stranger and for him that is born in the land ſ ; i fear we are so far short of performing what we covenanted in this particular , that we ( or very many ) have purposely acted the quite contrary : we covenanted against popery and prelacy , which is ( god be blessed ) in a great measure cast off ; but heresie , schism , blasphemy and prophanesse are encreased , which we also covenanted to extirpate ; we covenanted to preserve priviledges of parliament and liberty of the people , but where are they ? if lost , who lost them ? the power of the enemy could not take them from us ; but lost they are , or in great measure lost : i will not dispute whether a parliament or an army lost them , or took them from us , for it was neither ; it was self-seeking that lost all , now hopeful by providence to be again restored by his highnesse , stirred up by providence ( i hope with confidence ) to be englands deliverer : as to that part of the covenant that concerned the late king , and that which concerned the union of the three nations , i conceive them to be lesse substantiall and more conditional ; conditions and circumstances not well observed , makes the forfeiture on that side ; providence i trust will put us into a better union then we intended or could then think of , god worketh all things after the counsell of his own will ; i charge no particular person , nor blame any more then my self , i know my own heart is deceitful to my self , i cannot say so much of any other mans . all my aim and desire is , as to my self so to all others , to stir them up to considerate remembrance , that we are yet under such a covenant , and that i and every one may examine whether we have done our duty or not , and what we finde to be wanting in us let us in the strength of the almighty endeavour to make up by humbling our souls before god whom we have offended ; for the covenant was lawfull or it was unlawfull ; if lawfull , we have provoked the high god by our sleighting of it ; if unlawfull , we have dishonoured god in swearing before him to that which he would not own ; so there is great cause and good ground why we should be deeply humbled in the presence of god : every particular person covenanted to reform himself , and to endeavour reformation in others , and each one to endeavour to go before another in example of real reformation : if we have done what we were able in this particular , we have done well : if not , sinne lieth at our door , and judgement will surely enter into our houses ; for as god is true and just , he will avenge the quarrell of his covenant t ; let no man great or small promise to himself safety , nor think it is fogotten by god , though it be cast off by men ; joshua and the princes of israel made a covenant with the gibeonites , with whom they might not make covenants , but had commission to slay them , yet saul four hundred years after brake that covenant , and for the breach of that covenant god brought a famine three years year after year in the time of david , until execution was done upon sauls house u ; god takes notice of all our doings , but especially of our keeping or breaking of covenants ; because god is as it were called from his place to come to witnesse our sincerity and uprightnesse , the breach whereof god calleth the pollution of his name k , and for it threatneth israel to destroy them by the sword of an enemy , and by the pestilence , and to remove them into all kingdoms captives , which in the time appointed was made good ; gods forbearance is no acquittance , though men foolishly imagine it so . because sentence is not speedily executed against an evil work , therefore the hearts of the sons of men is set in them to do evil l : though god suffers for a time , yet all that time providence ordereth actions and things , for safety to some , and for destruction to others , and this brings us to the third inference . the third inference is , that the evil designs of men , their wicked counsels , their aims and ends are all ordered by providence , and turned contrary to their designs to be their own ruine ; this truth is obvious , it is proved by scripture and by common and daily experience . the lord ( saith the psalmist ) is known by his judgements which he executeth , the wicked is snared by the work of his own hand m : this is one of gods judgements upon wicked men and wicked counsels , they shall be snared by their own works : he taketh the wicked in their own craftinesse , and the counsell of the froward is carried ●eadlong n , yea , his own counsel shall cast him down o : thus haman the agagite was snared in his own wicked devises , and ahitophels own counsell became his ruine : you know how it fared with rehoboam the son of solomon , and with jeroboam the son of nebat : rehoboam forsook the counsell of the old men that were counsellors to his father , and followed the counsell of young men like himself ; the people come unto him for ease of their heavy burthens which solomon his father had laid upon them ; he by his counsell gives them a very rough answer , and tels them his father chastised them with whips , but he would chastise them with scorpions , he would adde more to their burthens , heavy oppression , and his finger should be thicker then his fathers loins p , but god turned his own aim and all his counsell to his losse ; ten tribes revolted from him , and from his family for ever , and made jeroboam their king . jeroboam he fearing lest the people of israel should return again to rehoboam , if they should go up to jerusalem to offer sacrifice , therefore to establish himself in the kingdom he took counsel , and made two altars and two calves of gold , pretending it was too far a journey for the people to go up to jerusalem , q and he set one in bethel and the other in dan , and he made of the lowest and basest of the people , to be priests in the high places : now this wicked design by which he thought to establish himself , became his ruine r : see the like by the experiences of our time ; king james father to our late king , not thankful for gods mercies to him , bringing him from a mean kingdom to a rich and plentifull nation flowing with milk and honey , grew wanton , and like jeshurn● kicked , he came to strong cities , a fat land , houses filled with goods , wells digged , vineyards , olive-yards , fruits , &c as is expressed by nehemiah , ch. . . but he like israel rebelled against his god , and cast his law behinde his back , and persecuted the prophets and ministers that testified against him , exalting himself and prerogative to make his son and family like nimrod ; what strange wickednesse did he act in his private chamber ? and openly gave away the lawful wives of men to others , viz. the lady rich to the lord mount-joy , the countesse of essex to carre , &c. did he not design to bring the people of this nation under , by laying heavy burdens upon their shoulders ? what else was loan-money , illegal fines for buildings , and his fooling of parliaments ? endeavouring to make them uselesse and himself a great monarch , preparing for a greater work which his son was to act ; which design our late king endeavoured to exalt , and in pursuance thereof followed the footsteps of his father ( not in personal sins , but ) in publike grievances : like rehoboam to make one of his fingers heavier then his fathers loins ; and like jeroboam to set up calves in bethel , and in dan , to ensnare the people , to advance prerogative : did not he endeavour by his prelats , or his prelats by him , to bring in a compliance or neer union between england and rome ? and to effect their design they endeavoured to weaken the nations of able religious men , and of arms , why else was rochel betraied under pretence of releeving it , and many able and godly men slaughtered ? why else was that mock-voyage to cadis ? why else were our honourable parliaments disgraced ? called only of necessity for money sake , but not suffered to reform any evil , nor to put them to any shame which were the actors of abominable wickednesse , but honourable members of parliamennt for such things were imprisoned , where many died , others were banisht their houses into remote countreys prisoners and exiles ▪ &c. and for the advance of prerogative , new waies were invented to get money without parliaments or law ; loan-money , knighthood-money , ship-money , compositions for cottages , compositions for new buildings , moneys for forrest lands , woods , timber , &c. monopolies upon all our necessary commodities , taxes upon customs , and gun-powder ingrossed and kept from the subject , their arms seized , companies of souldiers were billeted in most market-towns of the nation , and lest that should be too little to effect the tyrannical design , the duke and his plotrers had provided to have flanders horse brought into england , with swisser riders ; no man is so silly i think as to ask why all this was done , for the reason is plain to every reasonable man . nor was this all , for all zealous and godly ministers were weeded out of every town and countrey ; bishop wren can easily name you some scores if not hundreds that he drove from their livings and habitations ; besides them he procured to be imprisoned and banisht . arminianism was advanced and they were made bishops that defended it ; lectures were put down , afternoon sermons on the lords day were forbidden , books were published to give way to prophane the lords day by sports and pastimes ; these books were commanded to be read in all churches to ingratiate the multitude , and such ministers as refused to reade these books were suspended , the morality of the sabbath was denied , preached against , sunday called no sabbath , the name minister was changed to priest , the table to an altar , on which basons and tapers were set , there was very little wanting to plain popery but the name ; thus far the design was carried on smoothly . scotland only stood in the way as some rub that must be removed , and to that end a liturgy was sent down to them which they would not swallow ; therefore they must be forced , an army to that purpose was prepared ; the scots make opposition , money grew wanting to manage that design to leavy more forces ; a parliament was called to raise money , which refusing to give were quickly dissolved : the scots grew enraged , had encouragements , make invasion , which caused another parliament to be called , that parliament would give no money except they might be established to sit till they had reformed abuses and things ; they were established by an act to sit until both houses consented to dissolve , and also two acts of grace was passed , viz. to take away the high-commission and star-chamber ; all this to please the people that they might assist in their further design of war , as shortly after appeared , wherein providence ordered their designs , counsels , aims , and ends to gods glory and to their own ruine . here take speciall notice of six severall peeces of providence ; . that the great pressures , innovations , and the designs apparent of bringing on greater oppression even to a perpetual slavery , caused great fears in the people , which could not be secured but by an established parliament . . that providence infatuated the late king and his counsell in passing an act of unlimited time for establishment of that parliament , which was the giving away of one chief part of prerogative , by which he might else have dissolved that parliament after some years , and saved his head ; esau sold his birthright but he designed to have the blessing , providence had infatuated him that he considered not that the blessing was annexed to the birthright : our late king sold that part of his exercised prerogative , with design to get it double , not only to be king still but tyrant too , how providence hath ordered those designs we know . thirdly , that after the signing of the act aforesaid the soveraign authority was in the parliament , which the late king by a wicked councel and lying clergy was seduced to take arms against , as ahab was by his councell and . lying prophets , to go up to ramoth-gilead to his own ruine , and the ruine of his family . fourthly , that his heart was hardened and the hearts of his councel , and would not hearken to any offer of peace or reconciliation , though many addresses were made to him from time to time by the whole house unanimously , but his heart like pharaohs was hard , and the time of his peace was hid from him , until it was too late , when he desired it and might not have it . fifthly , that providence should make use of the earl of essex to be the instrument to drive the late kings wife from him , whose wife the late kings father gave to another man . sixthly , that the late king by his refusal of all offers of reconciliation , and his delaies , entreaties , providence over-ordering all things against his designs , became his irrecoverable ruine ; of whom we may say as sir walter rawleigh saith of darius , he was infatuated in all his counsels and undertakings against alexander , ever following the worst counsell , and using the unsafest means to preserve himself , which sheweth plainly that god had purposed his destruction and the losse of his kingdoms ; and that the disappointing him and his counsell in all their designs , and overthrowing their bloudy and cruell armies was the immediate work of providence for the accomplishing of the secret purpose of god ; if we continue not to imitate and act the same sins of oppression and innovation , or the like , as jehu did : if so we do , iehu's reward will be given , for our god is an unchangeable god ; what he hath done to others before us , he will as surely do still , and for ever where the like sins are acted ; god sometimes gives a king in ●is anger , and takes him away in his wrath , hos. . . they , whether king , parliament , or people , that reject the word of the lord , the lord will reject them , sam. . . thus god did by saul , and thus he did by rehoboam ; for in that the ten tribes revolted , god himself testifieth and saith , this thing is done by me , kin. . . who is he ( saith the prephet in the name of the church ) that saith it cometh to passe when god commandeth it not , lam. . . many other observable providences have offered the due consideration of them to us ; which i may not passe by with silence among many that have attended our late parliaments both in their sitting and in their dissolution ; i shall minde you of these few , the first shall be this , that when things were not likely to succeed according to the parliaments design , or a great part in parliament , they devised to publish an ordinance called the self-denying ordinance , thereby calling all the members of both houses from all offices and military affairs , here was a specious pretence , but by them that made it it was not intended to be observed ; for who left any place of profit to serve the publike ? it is true , so far as the present design reached it took and made a great and a good change in the army , but providence ordered that ordinance and that change , pulling down and setting up , to frustrate the future design of them that made it : providence by that ordinance took off the right honourable his excellency the earl of essex from being general , when he had gone with courage and fidelity as far in that work as his principles could carry him , providence made him instrumental to lay the foundation of that work , providence also by that ordinance and that change ordered , that the right honourable and noble sir thomas fairfax should be set up in his room , to raise the structure of that work and building upon the fonndation essex had laid , as fitter to effect gods further purpose , who built as far as his principle could carry him , when providence had used essex as far as god had purpose to use him in that work : providence also in sir thomas fairfax his time put a perverse spirit amidst the members of parliament , so as the contest was very great , grew into factions and interests , some designing the life of him whom others designed to die , so as the power of the sword was called to end the controversie , and all to the accomplishment of gods will , his excellency the lord fairfax having a farre larger commission then ever the parliament gave before , having in his hand power , the use of the whole militia , castles , forts , towns , &c , providence ordered upon some scruple in his excellency that he voluntarily and resolvedly laid down his commission , when earnestly sollicited both by parliament and by the then l●eutenant general cromwell to hold it up ; and providence still ordering things to effect the purpose of god , ordered that the then lieutenant generall should have the same commission , or larger , without limit , to be captain generall of all forces by sea and land , castles , forts , &c. consequently of all the whole militia ; this was providence , that he might lay on the topstone of the structure and finish the work so farre : and as providence had stirred him up as a valiant champion , so next as a faithful patriot to his countrey to dissolve a sit still parliament , to whom god had given all opportunities to do their nation good , but they would not , nor could give themselves to consider what was their duty to act for their private interests , some levelling the earth for their own design , others building of castles in the air for a fifth monarchy , an unsafe practice and very unsound doctrine , unwarrantable to be maintained in bloud , if these be not clear providences what shall we call providence ? these things we have seen gradually acted and ordered by a secret and wise providence , turning the design of the parliament in their self-denying ordinance , and the powers and commissi●ns thereupon granted , to their dissolution , which they aimed should have been the means to have perpetuated their sitting . these things premised , i shall modesty offer six queries to any impartiall man upright and unbyast in this case . first , whether it was not of providence that the parliament gave to his excellency the lord cromwell that unlimited power for the safety of the nation , as it was of providence that the late king and his councel past an act of unlimited time for the parliament to sit , to his own ruine and casting off his posterity ? . whether his excellency were not bound in conscience for publike safety , being a publike person in trust , to make use of the one , as well as the parliament made use of the other ; and by that authority to dissolve an undoing parliament , as well as to suppresse a destroying enemy , both conducing to publike safety ? thirdly , whether the dissolving of that parliament were any greater breach of priviledge then the taking out of one half of the members by force , of which he had before of late a president in the time of the lord fairfax , and well approved of by the dissolved parliament . fourthly , whether as providence served our necessity by the late kings act for the parliaments sitting for a long time , it did not ( after severall admonitions ) as much serve our necessity , after their too long fitting , to dissolve that parliament by the power of their own commission ? fifthly , whether it were not evidently a providence , that the succeeding parliament ( not appointed by his excellency , but ) chosen by the souldiery , many of them promoting ( except in giving away the publike treasure ) the like destructive waies , to the taking away our fundamental laws , and bringing in ( as it were ) another gospel , pulling down and overthrowing all , but set up nothing except a floudgate to confusion , should of themselves , that is , the major part , to prevent those ( almost executed ) designs , dissolve that parliament , and resign their authority into his excellencies hand ? sixthly , whether providence did not wonderfully order things in that time of distraction , discontent , and division among the people at home , and a bloudy warre abroad : that his excellency calling of a councel , seeking god by praier and fasting , all his councel and all other persons of quality whom it concerned to be acquainted with the thing , should most harmoniously agree , and resolve to meet one way as to the government of the three nations ; and with one consent publikely to entitle him ( then his excellency ) to be lord protector of england , scotland , and ireland , and of all the dominions and territories thereunto belonging ? let me say again with the prophet , who is he that saith it cometh to passe when the lord commandeth it not ? lam. . . these things sufficiently prove the inference , that the evil designs of men are ordered by providence to their own prejudice . the next and fourth inference is , that god in his secret counsell hath set a time when he will give in mercies to a nation , and when he will inflict judgements , and hath also appointed the means ; and upon whom it shall be , what it shall be , and how much it shall be ; and these times are altogether unknown unto men . that this is a truth , that god hath appointed a set time for mercies and for judgements , the holy ghost witnesseth , eccl. . . to every thing there is a season , and a time to every purpose under heaven : if there be a time to every purpose then nothing is contingent , if to every purpose then it must needs be appointed by god , none but god knows all times and purposes , therefore none but god can appoint times and seasons ; this is one part of gods soveraignty , as he is governour of the world ; men sometimes may appoint times and never intend to keep them , and they may sometimes appoint times to some purpose which they are not able to perform , or sometimes they may appoint times , and their minde changeth , they are altered from what they intended ; but god is just and intendeth to do all that he saies and appoints ; and he is infinite , can do whatsoever he will , nothing can disable him ; and he is unchangeable , in him is no shadow of change , whatever he hath appointed shall surely be done in its time : is there not ( saith job ) an appointed time to man on the earth ? job . . as much as to say , there is an appointed time . you know god promised to give abraham a son , of whose seed the saviour of the world should come a : and god set a time when that mercy should be given , and at the set time sarah conceived and bare isaac b : so god promised to give unto abrahams seed the whole land of canaan ; and he set the time when it should be made good , and that was from the time of the promise four hundred and thirty years , which was made good to a day , for saith the prophet moses , at the cud of years , * even the self same day all the hosts of the lord went out of egypt c ; the prophet isaiah prophesying of the encrease and glory of the church , saith , the lord shall hasten it in his time * god had set the time when it should be , the psalmist speaking of the time of gods shewing mercy to zion saith , the set time to favour her is come d : daniel spake of the appointed time when the saints should possesse the kingdom e : the very time was set for the coming of christ in the flesh , when the fulnesse of time was come god sent forth his son made of a woman , f &c. and there is a time set and certain when he shall come the second time in glory g , but these times are altogether unknown to men . so for judgements , god hath appointed and set the time when he will inflict them , whether on nations , families or persons : god himself witnesseth this truth when he tels abraham , the sins of the amorites were not yet full h : the time and measure of their iniquities was set , israel had sinned against god a long season , in oppression , and in sabbath-breaking , &c. but when the time was come and the measure of their iniquity made up , that they came to despise his word , and to misuse his prophets ; there was no remedy , then god gives them into captivity i : destruction was threatned to palestine , and the time set k ; so for babylons judgements , the time was set l ; the devils have a time set , and they know it is set , but know not when it shall be m ; jehu had a set time for his family to last , four generations , and it was fulfilled n at that time . as there is a set time for mercies and for judgements known and appointed by god , so he hath appointed upon whom it shall be ; he in his secret counsell spareth one and punisheth another , as pleaseth him ; he hath set his mark upon his as he did upon the house of the israelites , that the destroying angel might passe over o , the destroier shall not touch one that hath the mark , old , young , maids , children and women , that are marked p ; but those that have not gods mark of protection , them he separates every one to evil q ; so he hath appointed what it shall be , whether sword , famine , or pestilence , or any other affliction , according to their sins ; thy men shall fall by the sword , and thy mighty men in the war r , this was a particular judgement threatned for the pride of the women ; again , i will number to the sword , and ye shall bow down to the slaughter ſ , this was threatned for the hypocrisie of the people , and in more particular it was against assyria , they shall waste assyria by the sword t ; so in particular the lord called for a famine u , so the lord by the prophet saith , i have sent among you the pestilence after the manner of egypt w : this was a judgement among others for oppression and irreligious worship , also the grashopper and the palmerworm , to devour the fruit of the land , he will likewise send harmfull beasts to destroy , as is threatned to the people , walking stubbornly against god x , he also threatneth to smite them with consump●ions , with burning agues and feavers , with blindenesse and with astonishment and other particular plagues y , and all these are appointed by god , this for one and that for another , as pleaseth him ; this the prophet jeremy maketh clear and saith , thus saith the lord , such as are for death to death , such as are for the sword to the sword , suchas are for famine to the famine , and such as are for the captivity to the captivity z , as god hath appointed to every one , so he commandeth to be done , and providence effecteth all . god hath also appointed how much it shall be , how long every judgement and affliction shall last , not oppressing men , nimrods of the earth , nor satan himself can punish or afflict , till god will have them afflict , nor can continue the affliction either to a nation or to a man , a day longer then the time god hath set ; you know david complained that the plowers ploughed on his back , they made long furrows , but how long ? till the time appointed by god , then the rigbteous lord cuts the cords asunder a ; it is a metaphor taken from the plowman , he holds the plow , the horses draw by cords or traces , and the plow breaketh and teareth the ground , but when the cords are cut the horses may go , but the plow stands still , it makes no more furrows ; there would be no end of afflicting if the devils and wicked men were not limited ; god saith to them as to the proud waves , thus far you shall go and not a foot further ; god tels abraham that his seed must be afflicted , and be strangers in a land ( or lands ) that was not theirs ; and god sets the time how long it should be ; four hundred years is the set time b , this time of affliction began presently after the birth of isaac , and was thirty years after the promise made to abraham before-mentioned , which moses counting from the time of the first promise , maketh four hundred and thirty years , exod. . . the captivity in babylon was appointed , and the time set how long it should be threescore and ten years c ; satan was limited in all his temptations and afflictions upon iob , he could not go one jot further then gods appointments d ; the holy ghost foretelleth the afflictions of the church , but withall tels them , the time is set how long and what it shall be ; satan shall cast some of you into prison , how long ? you shall have tribulation ten daies e , god had set the time , and when that time is out , neither devils nor men can afflict any longer , pharaoh may pursue israel with a mighty army to his own destruction , but cannot hurt one of the people of israel , when his commission is out f ; so long as god would have israel to be afflicted , every taskmaster in egypt could make their lives miserable , but when the time appointed was expired , pharaoh with all his host cannot continue it one day , not so much as a dog in all egypt shall move his tongue at man nor beast g . but although god have set times to all purposes , and all are known to him , yet these are unknown to men ; israel although the time of their affliction and servitude was foretold , knew not the time of their deliverance till it came , for they knew not from what time to begin their account of the four hundred years : so although ieremy had foretold that israel should be in captivity seventy years , yet they knew not when those years were expired , because they were not sure whether they took the beginning at the first captivity , which was in the time of iehojaki● ; or in the second , which was in the time of jeconiah ; or in the third , which was in the time of zedekiah , when the temple was burnt and wholly broken down ; it is true , daniel saith he understood by books ( that was by jeremies prophecy ) that god would accomplish seventy years in the desolation of jerusalem h , by which he knew the time was near , but though he was a prophet of god , god had not revealed to him that it was expired , nor could he ascertain the time ; neither could nehemiah nor ezra till the very time was come ; nor could they say or imagine by what means their deliverance should come : but god who only is wise and faithfull in all his promises , keeps his time , and by providence ordereth the means to effect the thing promised , so it was in bringing back his people from their captivity , which what done when they looked not for it , before they were aware ; hence it was that the church in celebrating her praise for that deliverance , saith , when the lord returned again the captivity of zion , we were like them in a dream i , the suddennesse of their deliverance was amazement to them , as if they had but dreamed it ; the time of christs coming in the flesh was foretold by daniel and others of the prophets ; it was shewed to daniel by the seventy weeks k , yet until the very time came none could tell or say that was the time ; so the time of christs second coming it is foretold , and signs given us of the time , yet no man , no , nor the angels in heaven can tell the time when it shall be : not what day nor what age l : we are theref●r : commanded to watch , for saith our saviour christ , ye know not when he will come , neither doth any man know who shall be smitten , and who shall escape in the time of any calamity , though it be certainly known and appointed by god ; christ telleth his disciples , it is not for you to know the times and seasons which the father hath put in his own power m ; god hath set the time for the fall of babylon , and he hath set the time for the conversion of the jews , but the time nor means we cannot know till the accomplishment be : hence i conceive daniel is commanded to shut up the words , and to seal the book even to the end n , that is , shut or seal this prophecy , for it is obscure , and long to the end , before it shall be accomplished : it is the saying of irenius , that every prophecy before it be accomplisht is as a riddle , but being once accomplished it is plainly understood ; and though by faith we look upon all prophecies to come as that which is truth , and that there is a certainty in them as if we now saw them fulfilled , yet at the time of their accomplishment they shall be much more glorious , and it is true that as knowledge encreaseth , so men will be more studious in them , and in observing the several providences of god working and ordering secondary causes , as the means to accomplish them in the time appointed , but it cannot be known unto us as is proved . then surely it must needs be unwarrantable boldnesse in any to take upon them to tell what god will do , and when he will do it , and will prescribe the means how it shall be done , as many do in these daies , who spare not to affirm , that christ shall come to reign on the earth a thousand years , and the time when he shall come , and by what means that fifth monarch shall be set up , and what governours and government shall be in the world till then , they will tell us when the jews shall be converted , and how ; when babylon shall fall , and by whom , and what means ; but these things are secrets of gods counsell , as i have shewed , things which he keeps to himself in his own power , and till the time of the accomplishment no man can know the certainty of them ; to tell us of revelations , visions , dreams , and new lights , is nothing , but even as much as if they should say they dreamed , they were in a dream , for they are meer fantasies ; i can say of these men no other then the prophet jeremy saith of the false prophets of his time , which prophesied lies , saying , i have dreamed , i have dreamed o , god himself testifieth of such prophets , that he had not s●●t them yet they ran , nor spoken to them yet they prophefied p . it is good , that good men should search into all truths , it is their duty , and compare providences with sc●ipture , to finde out all truths : but good men ( for so i judge of many of them , though seduced by a false spirit ) to be too confident in things altogether doubtful is unwarrantable boldnesse , they should consider that there are many lying spirits gone out into the world , therefore saint iohn exhorts , that we beleeve not every spirit q , and we are foretold , that in these latter times some shall depart from the faith , giving heed to seducing spirits and doctrins of devils r ; and we know that satan can transform himself into an angel of light ſ ; christ himself hath foretold us , that there shall arise false christs and false prophets , and shall shew great signs and wonders , that if it were possible they should deceive the very elect t , but he commands that we beleeve them not u , and gives a memorandum with an ecce , behold , i have told you before ; and we know , that these are the times wherein the devil is let loose to deceive the nations●● because we see the nations are deceived , and he hath great wrath bec●●se he knoweth that he hath but a short time w : the apostle peter writing to beleevers saith , there were false prophets among the people , and tels them , there shall be false teachers among them , who shall privily bring in damnable heresies , and shall bring upon themselves swift damnation x . these are those times foretold , but we will not see it , we will not know them , we presume to tell of times that shall be , but will not take notice of the times that be ; this is the time of great triall , and yet in these times men will be most confident and secure , and take not notice that satan hath deceived them , to be the fulfillers of the prophecies of christ , and of his apostles , in their heresies and seducements , &c. there is a time to every purpose , but because men knowing it not , but misseth their time , their misery is great ; they are snared with an evil time , when it falleth suddenly upon ihem , as fishes that are taken in an evil net , and as birds that are caught in a snare y . these times , the times of this generation are not only trying times , but they are shaking times , god is now shaking the nations and kingdomes of the world , according to that prophecy of haggai , it is a little while and i will shake the heavens , and the earth , and the sea , and the dry-land , and i will shake all nations i : god may be said to shake the nations several waies , he shakes by his voice k , in thunder and lightning , as when the law was given on mount sinai ; and he shakes by his fearful and terrible judgements upon his enemies , casting down and overturning monarchs and kingdoms ; and he shaketh by the power of the gospel , as at christs birth a new star appeared , and led to him , and at his death the earth shock , the graves opened , the sun was darkened ; and at the preaching of the gospel by the apostles , men , nations , and kingdoms were shaken , turned and changed upside down . god hath of late shaken this nation ( as many other ) by the sword ; he is still shaking nations , yea , all nations by the sword of his indignation , rending , tearing , scattering , and overturning this or that nation , this or that power ; these are doubtlesse gods refining times ; preparations for accomplishment of the glorious things to be done for his church , which are promised ; the downfal of antichrist , gog and magog , and making the enemies of christ to become his foo●stool . the calling of the scattered jews , and bringing in the fulnesse of the gentiles , when it shall be said , who are that fly as a cloud , and as the doves to their windows l ? and the gathering together of his people , that there shall be one shepherd and one flock m , and that satan shall be ●●oden under our feet n , all which in the times appointed shall be assuredly made good ; not by the shaking of the nations by the sword , though god may use the nations as instrumentally to break one another in peeces , as a preparative thereunto , so far as pleaseth him : but the accomplishment thereof must be by the shaking of the nations by the word of god ; which i conceive is meant by the apostle , where he saith , yet once more will i shake , not the earth only , but also heaven o , signifying a spirituall shaking by the powerful preaching of the gospel and work of gods spirit , to bring gathering the church into one , subduing our lusts and carnality , mortifying sin , and making us a reformed people , conformable to christ , and that the kingdom of christ may be set up in our hearts , for which we are taught to pray ; he that sate upon a white horse p and made warre , and on his head had many crowns , and clothed in a vesture dipt in bloud , his name is called the word of god , rev. . . the armies that followed him were in heaven , therefore spirituall , and the sword , with which he smiteth the nations , goeth out of his mouth ; this is no materiall sword , but it is the word of god , the sword of the spirit : when he threatned the church of pergamus for suffering false doctrines among them , he tels them he will come and fight against them by the word of his mou●h q : that word of the gospel which the wicked would have sliegh●ed and called foolishnesse , shall with wondrous power shake the nations , dest●oy , and conquer the world of the wicked , as is expressed in other scriptures r , which agrees with that of the prophet , not by might , nor by power , ●ut by my spirit saith the lord of hosts ſ , but i will not go further in this point , because i would not too much digresse from the inference to which i am speaking , i only hint at these things by the way , to the end that men may be stirred to search dilgently after truth as they would search for silver t , and bring every mans judgement to the touchstone as they do gold , that they may not be deceived ▪ by dreams or specious shews , and so depart from the truth and lose their future happinesse . this is a time of shakings , god is now shaking the nations , gods judgements are abroad in the earth , that the inhabitants of the world may learn righteousnesse u : the shakings of this nation have been great , not only in temporals but in spirituals , thrones , dignities , and governments , have been shaken and shaken , cast down , overturned and changed again and again , religion adulterated , annihilated , and made a matter of policy , the very foundation of that pillar and ground of truth , hath been stricken at , undermined , and sorely assaulted , and is at this day , but we have a sure promise , that the gates of hell shall never prevail against it w , and we have seen gods provident care thereof , that they that have been the heads of this assault have been broken in peeces and their ass●tiations , the word of god is as fire and it shall consume stubble ; all the enemies of truth shall be like straws , though numerous , which conspire against a burning coal , and encompasse it by heaps to put it out , that when they think they have done it , and have eclipsed the light for a little while , it shall kindle , burn , and consume them all , these straws though mighty for a time shall come to nothing ; this is their time of attempts , and this is the time that god will purge his church , this is the time of reformation , and of great judgements ; for whenever god hath been doing any great work tending to reformation , the devil and satan , that great old enemy and subtle serpent hath alwaies made the greatest opposition , the greater the work is that god is doing the stronger the oppositions will be , as we see in rev. . , , , . considered and compared : that god is doing a great work in these daies is manifest , clear as the light of the sun , but what god will do he only know , to us it is unknown , whether he will at this time give in to england the mercies promised , or whether he will yet afflict us with more and greater judgements we know not : the former shall be made good assuredly to his church , the latter seems rather to be our present portion , the effects of all the alterations and changes in our times , is hid from our eyes , only it is gods good pleasure , and he is doing a great work . there are three things , evils , that have long threatned the great judgements and changes which we of england have lately felt and seen in this nation . . the encrease and growth of all kinde of sin , especially corruption in religion x , and a general crying oppression , these do still remain as high as ever . . the appearance and encrease of secondary causes thereunto conducing , principally jealousies , divisions , emulations , hypocrisie , sedition and treachery z : these things are effects of gods anger a , and forerunners of great changes , but these do encrease in england . . the straits and necessities of the church , when good men especially holy , godly ministers are scorned , contemned , and misused b , then god is exceeding angry , and brings wrath without remedy ; for the churches necessity is gods opportunity to deliver his church and to avenge himself of their enemies , and that is alwaies by great changes : god hath made change after change in england , once , twice , thrice , and again , but the evils are not changed , therefore more changes are threatned : the prophet denonncing judgement against the king and kingdome of israel saith thus , thou profane wicked prince of israel whose day is come , when iniquity shall have an end , thu● saith the lord god , remove the diadem and take off the crown , this shall not be the man ; ex●lt him that is low , and abase him that is high , i will overturn , overturn , overturn it , and it shall be no more until he come , whose right it is and i will give it him c ; this prophecy was concerning zedekiah , and israels carrying captive into babylon , and the government of christ , to whom all kingdoms and nations are given , and are his right , whom he is pleased to set up as vicegerent under him , to rule in righteousnesse and judgement , shall be established , god will abase him that is highest , and exalt him that is low , and will overturn , and overturn again and again until he come , for his right it is to whom jesus christ shall give it . so it is evident that all turnings , overturnings and changes that have been in this nation , or whatsoever shall be are not by accident , nor by the subtle contrivement of counsel or men , but as all is ordered by providence to effect gods will , for man is not able of himself to bring any enterprise to passe , he is not able ( saith doctor preston ) to see all the wheels that tend to make up an enterprise , nor if he were able to see them all , he is not able to turn them , nor to fit every one so together as to make up an enterprise . god by providence after several changes and several attempts of new enterprises , which the attempters ( though skilful to deceive and powerful to compell ) could not enterprise , hath given us a supream magistrate to judge the people of these nations ; and by providence hath intitled him oliver lord protector of england , scotland , and ireland , and of the dominions thereunto belonging ; this is the man whom god by his secret providence hath made the instrument of our deliverance , from the designs of an anti-christian brood , and from the powers of royall and hierarchical enemies , and rescued our laws and religion out of usurpers hands , therein comparable to gideon ; it is true he accepted of what gideon refused d , but he coveted not what gideon asked e , nor indented beforehand , as iephthah did f , he might have sate in parliament at ease , and with profit as others did , but providence ordered him to another work , and he freely and voluntarily exposed himself to all hardships , to endure the parching sun by day , and the nipping frost by night , as a zealous patriot of his nation , his sleep departed from his eyes , his bed the open field , and the heavens his curtains , he was not backward to jeopard his life in the high places of the field for the safety of his countrey , not shifting to secure himself in the greatest danger , nor declined any engagement with the enemy , let the disadvantages be what they could , 〈◊〉 three , four , or five to one of the enemies party , yet not once that i can remember was he put to the worst , or caused to fly from , or turn his back from the enemy , from the beginning of the war to the end thereof ; he is of an ancient family , he hath been well educated in learning and in religion ( except only some youthful tricks ) hath been a professor of holinesse and practiser of justice , the man of the saints praiers , whom god prospered , and made successeful in all his undertakings , and providence hath kept in all dangers , ordering all along by gradations to what he now is , as is observed in our third inference : why god hath done all this we cannot give any reason , but that it is his secret will to effect his own purpose ; but whether it shall be at this time as an income of mercies , or encrease of afflictions , i leave to the all-knowing god who will manifest his pleasure in his own time ; it may be a mercy from god and so i esteem of it , but we may by our divisions turn it to a judgement ; as indeed our seditious practises do threaten : sure i am ( whatever may be ) that since providence laid this burthen upon him , he hath managed it with much wisedom and justice , the fruits whereof we have had some taste , to the honour of god i speak it , and do apprehend that his purposes tend thereunto ; as also to the honour , safety , and benefit of the common-wealth , manifested by his ordering affairs abroad , in making honourable peace , thereby stopping more and greater effusion of bloud , and exhausting of treasure ; as also his highnesses care for proving ministers , to eject those that are scandalous and unsound , in which i yet hope his highnesse and present parliament will make better and further progresse , that known heresies , apparent blasphemies , and open prophanesse may be extirpate and ●ast out of these three nations , which that they may do shall be my constant praier , and that as god hath added to his highness encrease of worldly honour ; he will also double and redouble to him spiritual humility , wisedom , holinesse , with all other graces ; and let this be the praier of zions saints , that peace and truth may be established , jesus christ set up in ou● hearts , and sincerely worshiped in his own ordinances , that the purity of ordinances may stand like the ark of god , before which all heresies , seducements , and doctrines of devils may fall like dagon to the earth ; so that if it be possible eugland may be the beloved nation , and the praise of the whole earth , for the which let us all pray and endeavour , and this brings us to our fifth inference . the fifth inference is , that although god have set a time for the giving in of mercies , and for inflicting of judgements , which shall certainly be a●complished in their time , yet men are to be diligent in the use of all lawful means for the enjoying of the one and the avoyding of the other : this was ever the practice of holy men in all ages , the prophet daniel notwithstanding he was well assured of the performance of gods promise for the deliverance of his people , after the set time of seventy years was expired , yet he praieth with his face toward ierusalem g , yea , when he knew the time was at hand , he yet praieth for the accomplishment of it , and confessed his own sins and the sins of the people h , nor did he think it sufficient to pray for a spurt , but he praied from the morning until the time of the evening sacrifice i : thus zion her self complaineth unto god and praieth for deliverance k , and nehemiab when the time was come , mourned , fasted and praied , and used all lawful endeavours l , he looked sad in the presence of the king , sig●●●●ing the sorrow of his heart , for the ruines of ierusalem , and this was a●●●●ns by which he obtained favour to make his r●quest to the king , yea , ●●●lest his tongue was speaking to the king , his heart praied to the god of h●aven m ▪ and god gave him his desires , not only to build the temple at ierusalem , but to have all materials necessary for the wo●k ▪ the reason why all lawful means must be used , is , because whatsoever god in his secret counsel hath determined to be done ▪ he hath also determined and appointed the means how it shall be done : as he hath decreed the end , he also hath decreed the means conducing to that end ; so it was in the things of rebu●lding the city and temple : god had determined it should be built again promised it by his prophets : and he had also determined and appointed that ●yrus should be the means or secondary cause of it , therefore he cals cyrus his shepherd he that shall perform all his pleasure , even saying to ierusalem , thou shalt be built , and to the temple , ●by foundation shall be laid n , and he shall let go my captives o : and this was at the time appointed made good as you may see ezr. . . and herein gods purpose and secondary causes work together : god worketh by such men and endeavours as he hath appointed , and such means men are to use . you know god promised to israel many blessings , both temporall and spiritual , he promiseth the downfal of their enemies , and great encrease of all things , multiplicity of blessings in all outward comforts p , so he promiseth to them , and in them to us christrans , all spirituall blessings ▪ freely given for his own name sake , he promiseth to sprinkle clean water on us , to clense us from all our filthinesse and from our idols ; he will give us a new heart and put his spirit into us , and cause us to walk in his statutes q , signifying thereby the merits and bloud of jesus christ , which cleanseth us from all iniquity , &c. yet saith the lord ( notwi●hstanding he will surely give all these blessings freely ) i will be sought unto , i will be enquired of by the house of israel to doe it for them r , so you shall see god sends the prophet to hezekiah , to te●l him , he should su●ely die of the disease , of which he was sick ; hezekiah notwithstanding makes his addresses by praier unto god unto god , to spare his life , and obtains his desire , god addes fifteen years ſ , praier obtains the mercy desired , that 's one means , yet there must be another means added ; hezekiah must take a bunch of figs and apply to the mortall sore , and he shall recover t , when god alloweth , nay , requireth that we shall use all lawful means ; for us to neglect to use the means or obstinately reject the means , we are self-enemies , and it is just with god to withhold the mercy we desire , or to bring the judgements upon us , we would avoid ; to neglect , slieght or contomn any lawfull means , is a tempting of god , that man that shall cast off all means , and say he will rest upon providence , neither beleeves there is indeed an over-ruling providence , nor can rest upon providence upon any scripture ground ; he that will rest upon providence must follow the dictate and waies of providence , else he deceives himself ; the physician in cases of any necessity ▪ is the means for health , the chirurgion is a means for cure of a fretting wound , ulcer , or gangrene : the lawyer to clear a questioned title , or to pleade a doubtful cause before the judge ▪ he that shall in such or the like cases , neglect or reject such means , providence offering it to him , shall be justly condemned of folly by any wise man , so it is in all things between god and us , to obtain mercies or to avoid judgements , we are to search out and to use all lawfull means . but in the use of any means though never so lawfull , we must take heed that we trust not to the means , for that is sinful , and the way to deprive our selves of what we do expect or most desire , and to involve our selves in these troubles and miseries we would avoid and most fear : this was the si● of that good king asa , in his disease , he sought not to the lord but to the physicians u : we must be diligent in means , but trust in god as much as if we had no means to use ; you shall see that when moses was to leade the people of israel through a vast and barren wildernesse , god gave him a pillar of a cloud by day , and of fire by night to go before them ; and the ark of the lord went before to finde out a resting-place w , for where the ark rested they staied , and as long as the cloud rested upon the ark they rested in their tents x ; this was providence guiding the people to conven●ent places for water and rest , yet moses the servant of god is very inquisitive with his father in law , whom providence had brought to him , and who was acquainted with the waies of the wildernesse and places where was springs of water , to instruct him in the way , and be a guide unto him y , he would not be wanting in the use of any lawful means : when the prophet nathan , sent from god , tels david that his childe should surely die ; david notwithstanding sets himself to the use of means to preserve the childes life z , yet david did not therein oppose himself against gods will , for david knew that the use of lawful means was no way crossing of gods purpose ; he well knew that gods comminations are sometimes conditional and sometimes absolute , as indeed they are , and so are the promises of mercies : gods threatning of judgement against nineveh was conditional , yet forty daies and ninevth shall be destroied , that is , if nineveh do not repent ; but ni●eveh repented and was spared a ; the text saith , god saw they turned from their evil waies , and repented of the evil he said he would do to them ; not that god indeed repented or can repent , or be changed : the word repent we finde several times in scripture , sam. . . the lord repented that he made saul king , and gen. . . it repented the lord that he had made man , so in ioel . . god is slow to anger and of great kindenesse ; and repenteth of the evil , and in ver. . who knoweth if he will repent and leave a blessing behinde him ? these and other the like scriptures are by some objected against the absolute decrees and purpose of god , as if god did not absolutely determine what he would do , but as if there were a contingency in god , and that he upon occasion changeth his decree and purpose ; to this i answer , that the word repent or repentings is but an expression which the holy ghost useth after the manner of the speech of men , whereby the pity and compassion of god is set forth unto us , and how unwilling he is to punish his creatures , as in lam. . . he doth not afflict willingly , that is , he delighteth not to punish , to afflict , or to grieve the ●hildren of men , but as he is provoked by their sins which he hateth , and he hateth nothing but sin , or for sin , but god is said to delight in mercy , mic. . . we are not to search into the secret decrees of god , which is absolute nor which is conditional , but we know god is unchangeable in all his purposes and varieth not , the strength of israel ( saith the prophet ) will not lie , nor repent , for he is not a man that he should repent b , therefore repentance in god is nothing else but his unchangeable ordering and disposing of changeable things : god is not changed in any thing but things change and alter , known unto god are all his works from the beginning of the world c , and what he hath purposed shall be done , nothing can alter it , as is shewed in our former discourse : god is immutable , he changeth not , in him i● no variablenesse nor shadow of turning d , but god is said to change when they whom god loveth and taketh care of are changed , then god changeth the course of things so as it is for their good : god unchangeably forgiveth them that repent as he did nineveh , and unchangeably punisheth them that go on in their wicked waies , as he did saul : all comminations of god are means to repentance and to reformation , and repentance with reformation is the means to prevent the judgements threatned , except where the decree is absolute , as in the case of esau , heb. . . and with cain or iudas , &c. and in case of resisting the means and motions of repentance , as the stiff-necked israelites , heb. . . to whom there is no place for repentings ; but this is the secret counsell of god , and belongs not to us to search into farther then it is revealed in scripture , and the revealed will of god is our rule , we are to look no further , but practise according to what it holds forth to us , whether the threatning of judgements be absolute or conditionall , it is not for us to enquire into it , but we are to use all lawful means to prevent it , as to obtain any mercy promised ; for all comminations of god are either for our repentance that we may prevent the evil , or to our obduration that we may be without all excuse , therefore god saith , at what instant he shall speak concerning a nation , or concerning a kingdom , to pluck up and to pull down , and to destroy it ; if that nation turn from their evil , i will repent of the evil i thought to do unto them : and at what instant he shall speak concerning a nation or kingdom , to build and to plant it , if it do evil in his sight , he will repent of the good wherewith he said he would benefit them e , god is pleased to give encouragement to all , and the covenants which god hath made between himself and mankinde are conditional : the covenant with adam was upon exact obedience on mans part , do this and live ; the covenant in christ is not of works but of grace , established upon better promises , as the apostle reacheth f , given by the hand of a mediator , ties us by the condition to beleeve and repent : the fi●st covenant under the law sheweth what we should do , but cannot ; the second covenant under the gospel teacheth us how all is done for us , if we beleeve and repent : the promises of the law are to the exact workers and doers of the law g : the promises of the gospel are to him that worketh not , but beleeveth in him that justifieth the ungodly h &c. now if we break the condition on our part , god is no way bound to us , for if we beleeve not , we shall be condemned i , if we repent not we shall perish k : thus it was to the nation of the jews , wrath came on them to the utmost , because of their impenitency and unbelief , how much more shall it be so to all other nations and so it is to england ! great blessings are promised , and destroying udgements a●e threatned , but god will surely withhold our mercies , will pluck up what he planted , and will hasten destroying judgements if we do not beleeve and repent ; therefore it is englands duty to be diligent in the use of all lawfull means , to obtain mercies and to avoid judgements . here let me give caution in two things : . that we use no means but such as is lawful , warrantable in scripture : . that we must not be solicitous in the use of any means for things for which we have not a promise : to use unlawful means for the obtaining of lawful things , or to seek unlawfull things by any means , are both equally evil : as for instance , sarah did well to endeavour and expect the blessing to jacob , because she had a promise ; but sarah did ill in using unlawfull means for a lawful thing : jeroboam had no promise of the kingdom , but he had a leading providence which was equivalent , therefore he did not ill in using means to obtain it : but it was his great sin in using unlawful means to establish himself in his kingdom : so saul , in the time of his distresse it was lawfull for him and duty to use means , and endeavour to avoid the danger threatned , but it was his sinne to use unlawful means , to go to the witch of eudor * , con●rary to this you see when good hezechiah was in distresse he useth such means as is warrantable , first he en●eavoureth to preserve himself and kingdom against a potent enemy by agreement and pacification l : what they could not do it , though warrantable , as appears of the saying of christ m , then he flies to the rock of strength , he opens the whole truth of his case unto god , and trusts in him , and was thereby delivered n . we know david had an absolute promise of the kingdom from god , and found great opp●sition , saul persecuted him to the death , yet david would not use ●n●awful means to obtain the promise , nor to preserve himself , he only useth such wa●rantable means as providence offered to him , and trusts in god! it is true , he eat of the shew-bread which was belonging only to the priests , but this is justified by the lord christ in case of necessity o , mercy is to be preferred before sacrifice , so he fled to achas king of gath , and he changed his b●haviaur and feigned himself mad p , this in case of necessity to save life is not unlawfull , he did not distemble with his tongue to say he was mad : it may be lawful for a man to dissemble in his behaviour or discretion , when it is unlawful to do it in words , nor did he do it as distrusting in god , as is apparent psa. . . he trusted in god and was delivered at that time when he changed his behaviour , as is evident by the title of that psalm : it is granted that in matters of religion to change behaviour is sin , as to bow to an idol , or to be hypocritical in shews of religion , a● it is to be feared very many are at this day , and have been for honour or profit , as simon magus did , nor did he dissemble his behaviour , to the end he might murther as cain did , and as joah did , but david intended damage to none , only his own safety : we have a kinde of resemblance to this in the lord christ , to try his disciples , luk. . . the text saith , he made as if he would have gone farther : and whereas it may be objected he lyed ●o ach●sh when he said that he had been against the south of judah , and against the south of the kenites q , &c. he did not lie unto him , he spake doubtfully to the question asked , so as achaz might take it in a double sense , either that he had been against the people of the south of judah , and of the kenites , or against the people of the philistims that dwelt in the adjacent villages of the south of judah , and so indeed it was ; so that david lyed not , nor used any unlawful means to obtain the promised kingdom , nay , when opportunity was in his hand he would not hurt saul , though he then hunted after davids life as after a partridge on the mountains , declaring his trust in god and innocency toward saul ; when he had him at all advantage in the cave ▪ and at another in his trenches , david would do no act to crosse gods providence though animated to it by his chief friends . contrary to davids practice is the practice of men at this day who without any warrant from gods word , contrary to humanity , plot and contrive means to betray and subvert men and governments , that are not su●able to their own desires , and contrary to clear providence , and that by abominable evil means ; and also in a sollicitous use of good means for the obtaining of things not promised , nor any leading providence or probabilities to the things endeavoured for , but will and fancy , or the instigations of false deceiving spirits , what else are the many and frequent fastings one contrary to another , and appeals to god in things which tend to strife and debate , and to set up the kingdom of christ by bloud , who saith , his kingdom is not of this world , or if it were he needs not the material sword to exalt him : for all power is given unto him both in heaven and in earth r ; he is king for ever in a sp●r●tual sense , but they that take the sword shall perish by the sword ſ , he can presently have more then ten thousand angels to cut down all his enemies at once if he please , and when he please t ; and he no where in all the scripture commandeth nor exciteth any of the saints to carry on his cause in bloud , nor to use endeavours by the sword to set up a fifth monarchy , neither to make war against nations , to destroy kings as kings the sword of christ is the sword that goeth out of his mouth , rev. . . with this sword he will smite the nations , and by this sword were the rem●ant slain , rev. . . god refused to accept of davids desire to build the material● temple for gods worship , because he had been a man of war , and had sh●d much bloud u : and again , king. . . thou shalt not build a house to my name , because tho● hast shed much bloud upon the earth in my sight : the temple was a figure of christ , and was for external worship : if that which was but a figure and materiall might not be built with bloudy hands , then doubtlesse the thing typified which was the glory of christ , the spiritual temple and spiritual worship of the new and heavenly jerusalem , shall not be built by the sword of the saints on earth , a strange and unwarrantable opinion , and a worse practice ; the holy ghost is pleased to intimate to us that while the temple was in building there was not heard neither axe nor hammer , nor any too● of iron , all the time of the building w ; from whence i infer , the holy and spirituall worship of christ , shall not be set up by any instruments of war , but as in the building of the temple the stones were hewed and the materials made ready before they were brought to the building , and were hewed by the men of tyre and other nations who did not belong to the services of that temple ; so god will use the sword of the heathen and wicked men of the world to prepare for the work of the spiritual temple , they shall be his drudges to do that bloudy work , to hew the nations and kingdoms as pleaseth him ; they shall be his instruments to cut down , dig up , and hew one another , and cast down the mig●ty mountains till they be made plains , they shall doe it in wrath and revenge one to another , but god will work by them after the counsell of his own will : and then as in the reformation in the d●ies of hezechiah ▪ god will prepare the hearts of his own people , and the thing shall be done suddenly x ; they shall be a willing people in the day of his power , this it consonant to holy scriptures , and hath been the manner of gods doings , not by might nor by power , but by the spirit of the lord of hosts y . besides , david in his reign was a type of the churches troubles and war , es solomon was a type of the churches peace and flourishing condition ; bus i finde not that david nor solomon ever made an offensive war against any nation , but it was ever defensive , except by command from god , or a providence leading to it , as in the case of the ammonit●s , when they had abused davids embastadors and his friendly courtesie , and disgraced them that were his messengers : and the assyrians who joyned with them z ; but for them to attempt things for which they have neither command nor any leading providence , but upon their own wils , fancies , or as some say by the direction and guidance of the spirit , to these men , not i but the lord christ saith unto them as to james and john when they would have had him to command fire to come down from heaven upon the sama●itans : ye know not what manner of spirit of spirit ye are of a ; the son of man is not come to destroy mens lives but to save them ; these men have spirits of infirmies , croo●ed spirits , like that woman whom the lord christ healed b , the lord in mercy cure thew : we are commanded not to beleeve every spirit c in rev. . . there were three unclean spirits went out of the dragon and out of the mouth of the beast , and cut of the mouth of the false prophet ; what were these spirits ? these were the spirits of devils , working miracles , and what else , they go to the kings of the earth and of the whole world , to gather them to the battle of the great day of god almighty , ver. . the spirit of god saith expresly , that in the latter times some shall depart from the saith , giving heed to seducing spirits and doctrines of devils d ; hence is that precept of the apostle , to try the spirits whether they are of god because many false prophets are gone out into the world , joh. . . i know many good men are seduced and do seduce at this day , and it is grievous to them and unsufferable to them to bear it to be told they are seduced , because they have a zeal to god and to holinesse ; surely so had paul when he was in a great errour , and so was david full of holy and right zeal to god , yet his spirit erred ; his spirit was prest to build god an house , so as he vowed to do it , psa. ▪ . and he consulted with the prophet nathan about it , and nathans spirit closed with his spirit , and said , go do all that is in thine heart , for the lord is with thee e : but the spirit of holy david and the spirit of the prophet nathan , were both con●rary to gods spirit in that work , for the word of the lord to nathan forbad it afterward . give me le●ve i beseech you in the mercies of god to say unto you that are fifth monarch men , as st james saith to the whole church and sa●n●s , do not ●rre my beloved brethren f , it is most true that violent ungrou●ded affections are violent temp●ations , and will bring violent and certain affl●ctions upon men and nations ; obedience is better then sacrifice , blinde sacrifices nor uncommanded service by god were never accep●e● ; who hath required this at your hand ? let us therefore walk humbly with god , ●eny our selves , our own spirits , our own righteousnesse , and ●et up the lord christ in our hearts , that he may spiritually rule over us and in us by mortifying our corruptions , subduing our carnall reason and our unbridled lusts ; this is i● the lord jehovah hath promised , and this is it we are taught to pray for , thy kingdom come ; and for this as for all other mercies thereon attending , let us be ever diligent in the use of all lawful means , in behalf of our selves or nation , and the whole church of god , with submission to gods will ; and truly he that will impartially and strictly examine his own heart ( and be sure it deceive him not ) shall finde that all his endeavours will be too little , to bring his will to the will of god in every thing , but the heart is deceitfull above all thing , and desperately wicked , who can know it g ? and from the deceit of our own hea●●s together satans instigations , we labour to bring gods will to our will , and hence ariseth great evils and distractions even among christians , at this day ; all boast of the spirit and yet walk contrary to the ●pirit , for the spirit is one and is not divided , the spirit leads into the way of one truth not many truths ; give me leave to put the question which paul in the like case , are ye not carnal h ? yet these corinth●aus to whom paul speaks were beleevers , sain●s in the apostles esteem , for he gives them the right hand of brotherhood , though in this respect carnall in their divisions concerning spirituall things , and those things if not prevented will bring sore judgements , and prevent the mercies by us exp●cted and t● the church promised . the lawfull means to prevent the one and to possesse the other , are of two sorts , spiritual and civil , which for brevity i shall but name , for i intend not p●olixity in this discou●se ; the first and chief means is praier , pray continually , , that 's the rule given i , and pray earnestly k , and fervently l ; but we must come to pray with humble hearts , else god will not hear our prayers , he giveth grace to the humble m , bu● he resisteth the proud ; god heareth the desire of the humble , and will prepare their heart , and incline his heart to hear n , he dwelleth with the humble and will revive the spirit of the humble and contrite ones , isa . . and we must pray for such things as are according to gods will , such things as are according to gods will , such things as we have p●omise for , not according to our own wils , you ask and receive not , and why ? because ye ask a●●sse o : this is the considence we have in him , that if we ask any thing according to his will h●heareth us p , but if we ask according to our own will he will not hear him , that is , he wi●l not give him what he asketh ; and we must also ask in faith without wavering , jam. . . but how can we have faith in asking any thing for which we have not a promise ? for faith is grounded upon the promise ; abraham beleeved the promise , rom. . . he staggered not at it , he was fully perswaded that what god had promised he was able to perform , and would do it q ; and without faith it is impossible to please god , r what is not of faith is sin , without faith god accepts no praier ſ ; and in the last place we must ask all that we pray for in the name of iesus christ , whatsoever ye shall ask the father in my name he will give it you t ; see joh. . . and in extraordinary cases we must adde spiritual ●●sting to our praier , for there is a kinde of devil that goeth not out but by praier and fasting u , humble your selves in the sight of the lord , and he shall lift you up , jam. . . we must come with humbled hearts , willing , and desirous to bring our wils to gods will , but take beed of fasting and praying , and making appeals to god , w to bring gods will to your will , it is not safe to tempt god , for our god is a consuming fire . the next means is to get the love of god kindled in our hearts , let us get burning zeal to the truth , and receive the truth in the love of it , contend for verity not for victory ; advance the gospel in the ministry of it , love the brotherhood , honour all men , fear god , and honour the supream magistrate x , whether king or lord protector , this is apostolical doctrine , let every soul be subject to the higher powers , for there is no power but of god , the powers that be are ordained of god y ; this is the apostle pauls doctrine , and this is the apostle peters doctrine , submit your selves to every ordinance of man for the lords sake z , for so is the will of god a ; this is no new devised doctrine , nor is it in the least antichristian , but the doctrine of the law and the doctrine of the gospel , if there come any unto you , and bring not this doctrine ( that is , that denieth this doctrine ) receive him not into your house , neither bid him god speed b ) to deny this truth of the gospel , and teach for gospel another thing , is to bring in another gospel : but i am commanded by the gospel , that though men or an angel from heaven preach any other gospel then what the apostles have preached , not to beleeve it c ; the gospel establisheth a standing magistracy and a standing ministry , by them liberty and religion is maintained and preserved if well regulated . therefore it highly concerns parliaments , of which by gods mercy and love to his people , we are not wholly deprived , nor by one for ever oppressed ; it is gods mercy and his honour ( the lord protector i mean ) whom god hath made instrumental to call this honourable assembly in parliament together , i say it concerns them to consider whence we are fallen , and whether we are going , and by their authority to put bars against licenticusnesse and loose liberty , and to be a wall of protection unto the truth , that those foxes may be taken that spoil the vines , for our vines have tender grapes d ; honourable parliament , if my scribling sheets ever come to your view , take notice from them that god hath by his good providence called you together to make up the breach that finne hath made ( or rather god for sin ) upon us ; we have been perfidious to god , and god hath removed justice and equity from us ; you must be both phinchas and aaron ; phinchas to rise up with courage and zeal , not only to do justice but to give life to the just laws of the nation , that justice may be done by a law against the transgressors of gods law e , and aaron to stand between the dead and the living , that gods anger may be appeased : f : you in behalf of the good people of these three nations , are to settle by gods assistance these unsetled nations , what is possible for the present , and with all possible care to look to the future , the god almighty be your strength and your counsellor , in the great work under your hands , that you may be instruments in 〈◊〉 hand to establish a just and setled magistracy and a holy religious ministry , that the glory of the lord jehovah may be advanced , and the people of these nations may again enjoy their rights and proprieties , our sins cry to god for g●eate● judgements , and the people cry under great pressures ; and god hath called you that are the great men of these nations to prove and to try what you will do for him , jer. . . you have known the way of the lord and the judgement of your god , turn you not aside as others have done ; god seeks now as he did in jerusalem , to finde a man , if there be any that executeth judgement and secketh the truth , that he may spare poor england , jer. . . and let not the poor of these nations be forgotten by you , provide houses and stock to set them to work in all cities , countreys , and towns , that there may not be a beggar in our israel g ; debts ought to be paid , but publike faith debts not paid is most dishonourable to the nation , i know as things have been managed it is no easie thing to pay them ; but to purge the university and nurseries of learning from their open pollutions and vicious practices , and schools of learning to be purged of vitious schoolmasters , the poyson of youth and the bane of age and ages , is a work acceptable to god , a means to obtain blessings to posterities , and it will cost no money to do it . these and the like means diligently used , really prosecuted , freed from self-interest , vain-glory , or hypocrisie , will assuredly multiply mercies on the nations , and prevent the judgements threatned , and cause england to be the praise of the whole earth : i pray give me leave to say what the lord by the prophet said in another case ( concerning tythes then due by a law of god , leviticall , only belonging to the jews ; now due by no such right , but they were unjustly withheld ) therefore saith the lord , prove me now therewith , if i will not open to you the windows of heaven , and pour you out a blessing h &c. so i say , use such means as before i have briefly mentioned , and prove the lord if he will not double and redouble all sorts of blessings on this common-wealth . i blesse god that there hath been a beginning of a reformation of some things by his highnesse more then in some years past by others , though much was promised ; and i blesse god that put into his highnesses heart and this present parliament to call for a general and publike day of humiliation , for emergent causes named , which god will doubtlesse accept of , as of late he did by a signet of his favour , when we by his highnesse order sought god for rain in our great necessity ; although some who stile themselves saints not only refused to joyn in our petitions , but used unchristian speeches to gods dishonour and contempt of the duty : and truly it was sad to observe the general neglect of our late solemn fast , that only shops should be shut , and places for recreation full ( as i was informed ) but churches shut or empty , in respect of the numbers of inhabitants , many omitting the duty out of carnal respects , and many out of will , because it was commanded , and because the end crossed their self-interests ; i do affirm that it is no lesse a duty in the christian magistrate to command the duties and performance of duties for the true worship of god , then it was duty to the magistrate under the law , but the magistrate under the law did command such duties , as asa , jehosaphat , jehojada , hezckiah , and others : we know that asa did not only command reformation of gods worship , bur annexed to his command a great punishment i ; and ezra did the like k ; and the apostle paul diminisheth nothing of the magistrates authority under the gospel , nor is there any scripture that offers the least doubt of that their authority , but rather makes it greater , heb. . . therefore i say that the neglect or rather contempt of such duties , and the suffering of it uncontrolled by the magistrate , will in stead of a blessing bring a curse , as is threatned by the prophet , jer . . but the due observance of the holy and spiritual worship of god held forth by the magistrate , and practised by the minister and people , is the chief means to divert the judgements we fear and procure the blessings we want . i come now to the sixth and last inference , and that is , that when god hath effected and done his will in any thing visibly made known to us by the work of providenee , we are not to murmure nor repine , though it be in any thing contrary to our expectation or desire , or though it be to our great affliction , but to submit to it willingly , only by praier to seek unto god , and patiently wait his time and means for deliverance . this hath been the practice of the godly in all ages ; k thus holy david did , while his childe was yet alive he used all lawful means for the life of it : but when god had done his will , and the childe was dead , he left off to mourn , and murmured not , but patiently bear the affliction ; thus did just and righteous job , he feared his sons might sinne , and procure gods displeasure , he therefore used the right means to prevent it m , but when providence had brought that to passe which he feared , and god had visibly manifested his pleasure , job was patient , he murmured not , neither against providence nor instruments , but blessed the name of the lord n : the church under her great affliction murmured not , they acknowledged gods hand , and complained of their sins the cause of all o , and waited patiently for their deliverance : it is good ( saith the prophet ) that a man should both hope and quietly wait for the salvation of the lord p ; surely ( saith job ) it is meet to be said unto god , i have born chastisement , i will not offend any more q ; and the apostle exhorts , that we be followers of them that by faith and patience inherit the promise r : but to murmure against providence is wickednesse , and the effects of murmuring and discontents is very dangerous ; dangerous to a mans self , and bringeth others into dangers too : you know what became of the murmuring israelites in the wildernesse , from time to time , as is recorded in the books of exodus and numbers ; consider the case of murmuring korah and all his murmuring company , the earth opened and swallowed them up ſ ; this was the immediate hand of god , not moses nor aaron , yet such was the rebellious hearts of the people , that the next day they all fall to murmuring against moses and against aaron , and accused them that they had killed tho lords people t ▪ and for this there died presently of them , fourteen thousand and seven hundred by a sudden plague u ; you know that for this sin of murmuring all the people that came out of egypt from twenty years old and upward , were excluded from the promise , except caleb and ioshua w : hence the apostle exhorts us christians , not to tempt god as they tempted him , nor to murmure as they murmured and were destroied ; for saith he , all these things happened unto them for our examples x ; god is the same to us that he was to them , only he hath divers dispensations of his judgements ; he is an unchangeable god for evert if we sin like them that went before us , we shall be as greatly punished as they were , yea , greater ; though god do not so usually strike men suddenly for sin as formerly , yet there is greater wrath to come . let us a little consider the cause of mens murmuring , and see if it do not arise from a carnal heart , a carnal man propounds ends to himself , as the merchants st iames speaks of , that say they will go to such a city , or such a countrey , and buy , and sell , and get gain , but say not , if god will : so it is with men that seek their own ends in any thing , they propound this or that , but god is not in their thoughts , they say no● , if god will ; but we will do this or that thing , or would have this or that done , &c. it may be , nay , it is common with these men , that they will have the name of god in their mouths , but ( as the psalmist speaks ) god is not in all their thoughts ; and therefore when their wils and designs are crossed , they are angry , and repine against god and men ; thus the people of israel did in the wildernesse , they met with crosse providences which they looked not for , and they could not bear it , but cry out against moses , saying , because there were no graves in egypt ; hast thou brought us to die in the wildernesse y ? and again , wherefore hast thou brought us out of egypt to kill us in the wildernesse , our children and our cattel z . thus at this day we have seen many strange providences such as we looked not for , and men have had many and diverse designs , aims and ends , but meet with crosse providences , which they cannot bear , nay , resolve they will not bear , they complain and cry out against this and that thing , but specially they murmure against god and own not his providence in governing the world ; therefore they also murmure at the thing done , and against the instruments doing it , this is i say against god himself , for he alone orders every thing and every action , as is proved in the beginning of this ourdiscourse , which may satisfie humble men ; but saith the wisest of men , the foolish man perverteth his way , a and his heart fretteth against the lord : this is a carnal heart , for a spiritual man sees god in all and bears all things with patience , and waits by praier for guidance by providence , but never praies against a manifest providence , except to be delivered from the evil that may in some cases be feared , for providences lead the people of god into straights and afflictions for sin , as well as it delivereth them from afflictions when they are humbled , and this the church was well acquainted with ; therefore say , it is good that a man should both hope and quietly wait for the salvation of the lord b , then by the rule of contrary it must needs be evil to repine and murmure . it is very observable that moses mentioneth a mixed multitude that came with israel out of egypt , exo. . . these were of other nations , probably servants , that kept their cattle , &c , and they seeing the mighty wonders that god did for his people in egypt joyned with them , and would go out with them ; as the multitude that followed christ for the loaves c , but being crossed in their expectation they grow discontent and murmure , lusting after the fleshpots of egypt d , and bred a generall discontent among the people , such a mixed multitude was among the people of israel after they were delivered from their seventy years captivity , which good nebemiah separated from israel e . such a mixed multitude are at this day in england , some of other nations , some of contrary religions , priests and jesuites , and others that have by all subtle waies insinuated themselves , and these have set the people into discontents and murmurings , and are enemies to the advance of the gospel , and to the building of the spirituall temple , no lesse then those adversaries of iudah and benjamin that would have insinuated themselves under pretence of helping to build the temple , saying , they sought the god of israel as the israelites did , and did sacrifice to him f , when indeed they were enemies , and endeavour to hinder their work ; but zerubbabel and the chief of the fathers cast them off , then they send to have conference with nehemiah to betray him , but he would not own their message g , and the work in his hand prospered . but our fathers of england have hearkened to these our mixt multitude , and gods work hath been hindred , and themselves lost their honour ; the mixed multitude among us are grown numerous and incorrigible , they do not only murmure but they ( some of them ) threaten , and resolve not to be satisfied , for if one sort have what he desires another will dislike it , and that which is accepted this year shall be cried down next year ( nay sometimes next day ) for they that seek they know not what , cannot tell when to be pleased at every thing that is done : some cry out against it , and against the instruments doing it , without regard to providence or publike interest , and these cause murmurings among the people who would not murmure but for them ; these are those that have tasted of the heavenly mauna , but grew wanton , lusting after other food , many of these came into our hosts because they saw the great thing the lord did for us , but they came not in with the first , nor did they bear the brunt of the day , and being enticed by their own lusts they murmure and grow impatient at every providence that crosseth their desires : they murmured against our first parliament called anno dom : . and rejoyced when it was dissolved , endeavouring to carry on their designs by the next parliament , but providence crossed them , and they were dissolved too : and providence hath ordered all actions , counsels and things , to set up another way of government , which for private interest was cried down : now oliver by the providence of god is set up and made lord protector of england , scotland , and ireland , &c. the great and general murmuring is against him , he is a man of honour and integrity , the instrument in gods hand to do great and mighty things for us , and as i have said before he is the man of the saints prayers , and by their praiers god hath made him prosperous and successeful in all his undertakings , we ( yea many of the chief murmurers ) have acknowledged it , and owned him as our ioshua : what hath he done to the prejudice of the people or nation , that we now murmure against him ? why , he hath by gods providence frustrate the designs and aims of the mixed multitude , therefore they all murmure ; the antichristian and prelatical parties and all the hierarchy are angry and seek his life , the levelling party and the men of the fifth monarchy they are angry , and combine together by plotting against him , and as the prophet saith of himself so i may say of his highnesse , they watch for his halting , saying , peradventure he will be enticed , and we shall prevail against him , and take our revenge upon him h : besides these there is another sort of this mixed multitude that murmure , and they are pecuniaries , either oppressors or mercenaries : because it is conceived his highnesse will look after the publike treasuries , and manage the publike treasure to publike advantage ; these were afraid of a day of account in this life that were not afraid of a judgement day in the life to come , therefore they are angry ; there is another sort that are ambitious to have the honour and command that providence hath cast upon his highnesse , therefore they are angry , for ambitious men cannot endure any superiour ; good men without holy watchfulnesse may fall into the evil of ambition : we finde that aaron and his sister miriam a prophetesse grew ambitious against moses , they quarrell with him about the ethiopian woman which he had married , that 's their pretence , but then they plainly tell moses that god had not only spoken by him but by them also ; you know how god took it at their hands , if good men sin god will not spare them but more severely punish them : some other there be that murmure against his highnesse , as ioab did against good david in the case of abner , because he made peace with him , and with the house of saul k : others murmure , because they conceive more honour , greater esteem , and better reward is given to some then to themselves , like those that were hired into the vineyard l , you know what answer christ gives to such ; this kinde of evil began to enter into the hearts of the disciples , but christ taught them a better lesson m , of some of these sorts , are all the great murmurers of which the apostle iude saith plainly , these are they that walk after their lusts , and their mouth speaketh swelling words n ; these strive for masteries , they would all command but they cannot endure to obey , and would perswade the people that all their oppressions , injustice , and cruelty is righteousnesse , and that the justice distributed to every man through one man , is oppression ; every mans waies are right in his own eyes o , as the holy ghost is pleased to express ; and they would do as when there was no king in israel but every one did what was right in his own eyes p , to adulterate religion , abuse the ministers of the gospel , teach for doctrines the precepts of men , commit adultery , blasphemy , and kill , or what not , as in the time of vacancy of judges in israel , that there was no publike magistrate in the land to put them to shame in any thing q : was not england almost brought to this condition ? and is it not the thing so much laboured for at this day ? and that under the specious pretence of a reformation , such a reformation as ascendeth out of the smoak that came out of the pit r : blessed be our jehovah that hath thus far holpen us against such designs , that they have been prevented by his good providence ; and let the instrument be blessed by iehovah who hath been used by his hand to disappoint their purposes , of whom i hope and expect much better things then from those reformers , or then we have seen in our age for due administration of justice and establishment of religion and laws , that religion may be advanced , held forth to the people by a holy discipline , according to the word of god , which is the will of christ , not the fancies of men , for god is a god of order and not of confusion , he is not the authour of confusion but of peace in all the churches of the saints ſ ; and it was the apostles joy in beholding their order and stedfastnesse of faith in christ t ; and for this cause as himself saith , he left titus at crete , that he should set things in order that was wanting and ordain elders in every city u ; order by a discipline of worship in the purity of ordinances is the way to that reformation the lord jehovah looketh for ; and the establishment and due execution of good and just laws , that every man may enjoy his own propriety , and that justice may be distributed to every man without favour or revenge impartially , and that oppressors may be punished severely , according to their offence ; this is the thing god looks for at the hand and by the place to which he hath called the lord protector ; and this i beleeve he intendeth and will do , if murmurers will have but patience , if he do it not , he dissembleth with god , and god will judge him , who only knows the secrets of all hearts ; for judgement belongs unto god alone , he hath not given that unto men , but he hath commanded us not to judge ( but our selves ; ) judge not that ye be not judged w , for the lord is a god of judgement , blessed are they that wait upon him x : the prophet malachy sharply reproveth the jews in a case like ours at this day ; ye have wearied the lord with your words , yet ye say , wherein have we wearied him ? when ye say , every one that doth evil is good in the sight of the lord y ; that is , you make acclamations against god and blasphemous clamours , because you have not forthwith what ye desire , and in their own way , as if he were a favourer of evil doers , therefore ye cry out where is the god of judgement ? as a violent affirmative that there was no such just god , thus murmurers weary god , shall not god search out this , for he knoweth the secrets of the heart z . why then do we judge and condemn the man that hath done us good and no harm ? and why do we murmure against god and repine at providence ? the lord in mercy open the eyes of all his people , and bring their hearts suitable to himself , that they may willingly submit their wils to the will of god : you know we had a long time of peace and knew not the bitternesse of war , and we had a happy beginning of reformation in the daies of q. elizabeth , but in stead of going forward we went backward , and fell into the hands of oppressors and persecutors of gospel-truths , which was the procurement of war , ( a sore punishment ) we expected relief from men , but were more oppressed , they neither cared to ease us , nor pitied out condition , our religion grew to be mixed with multitudes of new devices , and all old heresies ( cried down by the primitive church ; ) under these calamities we groaned and cried to god , yea , many of gods people sought him by praier and fasting , private and publike for deliverance , and that god would give us judges as at the first , and counsellors as at the beginning a , that we might be called the righteous and faithfull nation , yet we will not give god leave to do it for us , though we see providence working it , we will not be satisfied except god bring his will to our will , nay to our wils , except god will give us the thing we ask in our own way , and by the means we our selves prescribe and set down , we will not own it any other way ; we ascribe too much to our selves , therefore we prescribe unto god things , times , men and means . god by providence hath given us again a free parliament , freely chosen by the people , or it is their own fault , if some of the members that the people have chosen be discontented , and are of any of those sorts of murmurers before spoken of , so as they refuse to act for the good of the commonwealth , it is their fault , and i fear their sin , it is not his highnesses fault , nor the peoples , but it will be some grief to the refusers when they shall see the work done without them , or that it should miscarry by their neglect , they knowing that at this day the pillar and ground of truth is shaken ; and the two great and standing ordinances of god strongly assaulted by many of that kinde of temper that korah and his company was ; that rose up against the office of moses and the office of aaron , who would have no magistrate but themselves , nor no ministry , but of themselves ; the office of magistracy was in moses , the office of the ministry wa● in aaron ; they are two distinct offices , and not promiscuously to be mixed , nor to be severed from a christian commonwealth , gods word is the rule to both , moses and aaron were brethren , and of one tribe , signifying a propinquity in their offices , they go together , and are defence and instruction one to the other ; now against these offices korah and princes of the people , men of renown , rise up and say , moses and aaron , wherefore lift you up your selves above the congregation of the lord , you take too much upon you seeing all the congregation is holy , even every of them b ; moses in this case makes his appeal to god , the murmurers did the like ( as some among us too presumptuously have done ) god decides the controversie between them , and saith , he will cause their murmurings to cease , god gave a signal testimony on the side of moses and aaron , shewing who was the man that god did chuse , by causing the rod of the tribe of levi to budd , blossom , and to bear almons in the tabernacle of witnesse c ; we are not to expect such miraculous signs in our time , yet it cannot be denied our enemies themselves being witness , but that god hath done wonderfull things by his highnesse for us and against our enemies , of which we have ( and may have a lasting ) benefit ; if we provoke not the almighty by our murmurings , and cause him to turn our blessings into a curse ; faith makes not haste , but staies gods time , and waits upon providence ; but it appears we live more by sense then by faith ; we trust god so far as we see reason for it , and no farther ; we say as the murmurers in the wildernesse did to moses , thou hast not brought us into a land that floweth with milk and honey , or given us inheritance of fields and vineyards ; wilt thou deceive us , and make thy self a prince over us , and put on t the eyes of his people d ? dost thou think they do not see thy falshood toward them ? these murmurings kept the people from the land they looked for , and brought a curse upon them which they looked not for , and thus it may befall us , if god be not more merciful to us ; who is then the sinner , and who shall posterity have cause to curse ? i beseech you my brethren of england , be not impatient , take heed that you fight not against god , murmure not at any providence , beleeve that god ruleth in the earth , and governs all things , and that all the turnings and overturnings , and the changes which we have lately seen is of god ; and all these , yea , all things shall work together for good to them that love god e : let us trust god who is faithful in all that he hath said , and will make good whatsoever he hath promised , and that to us in our times , if we provoke him not : let us therefore be followers of them that by faith and patience inherit the promise f : consider what our condition was before our last change , and whether men were leading of us , if providence had not disappointed their design ; were we not hasting into that ( or worse ) condition that israel was in , at the beginning of asa's government ? when they were without the true worship of god , without a teaching priest , and without a law ? and there was no peace to him that went out or to him that came in , but great vexations were upon all the inhabitants of the countreys g ? if it were so with us then let us imitate those good people , and do as they then did , they in their trouble did turn unto the lord their god , and sought him , and he was found of him , chro. . . and at that time god stirred up the heart of asa , and he reformed all the evils , and they were delivered ; god , as i have said , by strange providences , evident to us , hath stirred up his highnesse , and given him the honour to be lord protector of his people , who knoweth what the lord our god will do for us by him ? let us seek god for him , and daily pray that god will give him wisdome as to solomon , and courage as to phinehas , and zeal for the lord of hosts , and for the religion of his god , as to good asa , hezechiah , and others , that god made instrnmentall for the glory of his name , and for the good of his people ; such i hope his highnesse will be to us , not only in these three nations , but to the church militant through the whole world : take the apostles rule and practise it , put up your praiers , supplications , intercessions and thanks-giving for all men , but especially for all that are in authority , and why ? that we may leade a quiet and peaceable life in all godlinesse and holinesse h ; but if we will disobey such precepts as this , and provoke such providences as have led us thereunto , and be obstinate in our own waies and wils , as if we would build new babels to our own fancies , and say as those builders said , let us make us a name lest we be scattered abroad upon the face of the earth i ; god will surely bring the evil upon us that we seek to prevent , and we shall be scattered in our work : have we not ( some of us ) begun to lay the foundation of such a work ? why else are we thus confounded that we cannot understand one another ? one cals for mortar , and another brings a mattock ; one cries out for brick and stone , another brings a hammer and an axe ; one is building and another is breaking down ; one saies christ jesus is setting up kings and chief magistrates according to his own heart , to be his vicegerents on earth , such as shall own the lord christ , and acknowledge that they reign by him and for him , according to that prophesie of the evangelicall prophet , isa. . . kings shall be thy nursing fathers and queens shall be thy nursing mothers , they shall bow down to thee with their face to the earth , and lick up the dust at thy feet , and thou shalt know that i am the lord , &c. that is , as the nurse feeds the childe , and defends it from harm , so kings and queens under the gospel shall tender the church of christ , to provide for it by providing holy ministers and honourable maintenance for them , that they may not serve tables , but wholly attend to the ministry of the word and sacraments , and be a wall of protection to keep them from harm , and that corrupt doctrines break not into the church , and they shall bow down to thee with their faces to the earth , that is , they shall acknowledge the lord christ to be their head , before whom they shall cast down their crowns , and acknowledge they are but his vicegerents , by him appointed to feed , cherish , and defend his faithful ones , and to reverence the word of christ , &c , according to that of the psalmist , all kings shall fall down before him , all nations shall serve him k ; others say , that christ is staining the pride of all glory , and bringing into contempt all the honourable of the earth , pulling down all kings and kingly powers , isa. . . others say , that christ is only pulling down all wicked kings , tyrants , and persecutors , and will stain the pride of all humane glory , such as babylon and tyre , against whom the prophet isaiah in the . chapter before-mentioned denounceth judgement but not against all kings , yet deny not that the lord christ who is said to ride upon a white horse , going forth conquering and to conquer , rev. . . shall conquer all kings and kingdoms that are his enemies , all shall stoop before him ; others say , christ only shall reign and shall be king of the saints , and shall be set up in his glory and kingdom on earth by the sword of his saints , in bloud , alluding to that in rev. . . he was cloathed in a ves●ure dipt in bloud , and as in psa. . . the saints shall wash their feet in the bloud of the wicked , and in psa. . . that thy foot may be dipped in the bloud of thine enemies , &c. the meaning of these places is plain to be no more but the suddain destruction which the lord jehovah should bring upon the wicked , such as are enemies to the church , as in the words going before in psa. . , . as a snail that melteth they shall passe away , and before the pots can feel the thorns , he shall take them away as with a whirlwinde : he shall , who is that he ? it is god jehovah he shall do it , not the saints ; the lord christ to whom all power and dominion is given , and was given to him from the time of his incarnation , as he himself witnesseth , mat. . . all power is given to me , &c. he doth not say , it shall be given me , but in the present tense it is given unto me ; hence is that of isa. . . i have tr●d the wi●epresse alone , and of the people ( our saints ) there was none with me , for i will tread them in mine anger , and trample them in my fury , see rev . . and rev. , . by which it is evident that the destruction of christs enemies shall not be by the sword in the hand of the saints , but by some miraculous way from heaven , like that expressed in rev. . . fire came down from god out of heaven and devoured them ; it is doubtlesse true that satan is let loose out of prison , and god useth him instrumentally to deceive the nations , we see it , and the lord jehovah doth cause them by satans deceits to destroy and consume one another , but the great destruction must come by some great and miraculous way from the hand of god , and thus christ is said to be king of nations , and he is king of saints in a peculiar manner , he is the protector and safe preserver of the saints on earth , and he ruleth in them spiritually , notwithstanding m. spittlehouse be of an erring opinion , as he expresseth in a late paper published in print : i shall esteem and strive to imitate him in any vertue , but i must dissent from his errours : of this i have spoken in our fifth inference , to which i referre the reader for further satisfaction ; we that make scripture our rule , say , and shall ever aver , that the kingdom of christ is set up by praier , and that is the power of the spirit of god within us , he shall rule in the hearts of the saints , and by his kingly power shall and will subdue our lusts or fantasies and self-waies ; mortifie the flesh and the affections thereof , that we may be fit temples for him to dwell in , that he alone may rule and reign there l ; others there be that will have none to rule over them but caesar , caesar must be their king , they will neither have christ , nor his vicegerent to be their king , but they say stoutly as the unbeleeving jews , away with him , away with him , we have no king but caesar m ; such are the great disciples of m. evans , who hath a notable art to abuse texts of scripture ; many other such babel practices we have to work confusion in a poor shattered common-wealth , but god in his appointed time will prove our buildings and what they are , whether we have built upon the sands or upon the rock n : i shall at this time omit to numerate mens self-waies , and shall with the apostle paul give this caution to all , he saith of himself ( according to the grace of god which was given to him as a wise master builder ) he had laid the foundation , and another buildeth thereon , but let every man take heed how he buildeth thereupon , for the fire shall try every mans building what it is , cor. . , . let not any that professe to be christians contend for victory but seek verity , for strife and division are fleshly and carnal , as the apostle expresseth in the chapter last mentioned ; the lord christ exhorts us to peace , the apostles all exhort to peace , love , and concord , and saint paul tels us , if we bite and devour one another , we shall be consumed one of another o ; and the lord christ by a convincing argument saith , that if a nation be divided against it self it cannot stand p , consider how great things god hath done for you q , therefore serve the lord with all your heart ; but if you will murmure against god ; and do wickedly , ye shall be consumed both ye and your king , these are the words of samuel to the people when they bad sinned in asking a king , not simply in asking a king , but violently desiring it before gods time came , that he would give them a king , for david was from the beginning ordained to be their king , although they had not asked a king , as is evident gen. . . and kings are gods lieutenants on earth : it is no lesse sinful to refuse a king when god gives him , then it was sinful to ask a king before gods time was come , wherein he would give them a king , let not this be englands sin , it will not be unpunished , we have seen the work of providence all along , in setting up our lord protector , all the plottings and devices , and counsels of men , could never have effected such a thing , in such a way , it is evident that god hath done it , we have seen the working of the wheels , and the living creatures by the wheels , spoken of by the prophet ezechiel , in chap. . , , . &c. and in chap. . . &c. and a wheel in the middle of a wheel r , it is hard to kick against pricks , and it is a dangerous thing to provoke providence . i have seen a seditious paper sent abroad by some that stile themselves sober christians , intitled , some memento's to the army ; i hope they are as they stile themselves ; but i am sure christians have neither precept nor example of such practice , to stir up rebellion : there was one sheba the son of bichri a very seditious man , upon scripture record , a son of belial , of whom it is said , he blew a trumpet , and said , we have no part in david , every man to his tent o israel ſ ▪ bichri prepared as he intended for a new war against david ; what his reward was from the hand of a just god , you shall see sam. . . he lost his head by the hands and consent of his associats ; scatter thou the people ( saith the psalmist ) that delight in war t ; you may know that warre is every where in scripture threatned as one of gods sorest judgements , and peace is promised as a singular mercy to a nation , it was so to the nation of the jews , and is especially promised to the church under the reign of christ ▪ kingdom , when they shall beat their swords into plow shares and their spears into pruning books u , there is a time of warre and there is a time of peace w ; we had our time of war , and tasted of the bitternesse of it , god now in great mercy offereth us our time of peace , if we will not accept of it but provoke god by our murmuting we may fear the event . christians and englishmen , i pray consider that saying of ahner to joab , shall the sword devour for ever ? will it not be bitternesse in the latter end x ? you know how it proved , bitter both to abuer and to joab ; discontents , ambiand false interest procured the sword to eat the flesh of them by the just hand of god ; as abuer had shed the bloud of many in israel in an evil cause , his bloud was shed by joab wickedly y , and joab because beshed the bloud of war in the time of peace z , he was slain by the sword at the horns of th● 〈◊〉 : a god hath manifested his will to us by clear providences , let us as men tha● fea● god and own his providence submit unto it , and not murmure nor repine , but with patience wait to see what god will yet do for us ; he hath multitudes of blessings to the obedient , and as many curses and scourges to the murmurers ; if it he ( as the psalmist saith ) a good and pleasant thing for brethren to dwell together in unity b ; then it must needs be an evil and unpleasant thing for brethren to dwell together in discord , dissention , strife and variance , all disunited and disjointed in affections . consider what i have said , and the lord give every one a good and right understanding in all things ; if that i have said being well weighed be not found to be truth , beleeve it not , but if it be the truth , follow it , practise it : or this that i say shall one day be a witnesse against him that readeth and slieghteth it , and give me leave to adde this to the rest , and tell you , that those that are contemners and murmurers against the government of a common-wealth in the infancy of it ; they are he greatest enemies to that common-wealth , not hurtful only to themselves but to the whole nation , the evil example of one murmurer draws more to the imitation of that sin , then the perswasion and good counsell of many can divert , and so all or multitudes oft perish together ; as we see in the men that were sent to spy out the land of canaan , they murmured and brought an evil report of that good land , which caused all the people to weep and murmure and cry out against moses , and aaron c , for which their murmuring they were excluded from that good land and promise ; and not only so , but they even those men that brought up the evil report , were destroied before the lord by a plague d ; consider what god hath done he will do still ; for god is unchangeable , it is one of his attributes which he takes only to himself , i am the lord , i change not e ; in him is no variablenesse neither shadow of change f ; therefore it must of necessity follow from gods unchangeablenesse , that whatsoever he hath done in former times he will do the same , for he is the same ; what judgements he hath inflicted for any sin , or that he hath threatned to inflict he will still do the same ; therefore the apostle tels ( even us christians ) that whatsoever things were written aforetime were written for our learning g &c. i confesse ( my brerhren ) when i took my pen in hand to write upon this subject discourse , i intended not above three sheets of paper , but the matter is encreased before me , and i could not expresse my self with more brevity , i would yet for further satisfaction modestly give answers to some objections made by some sorts of men against his highnesse the lord protector , which i will do in as few lines as i can possibly . object . it is objected , that the cause of our war which hath cost so much bloud and treasure , was , to defend our rights and freedoms against the tyranny of kings , to be governed under a parliament as free people by just laws , &c. but the lord protector assumes to himself the authority of a king by exercising a greater tyranny over the people then the king did , to give laws , &c. answ . i answer the cause of our warre ( as instrumental ) was , to defend the rights and priviledges of parliament , the freedom and liberty of the people , and the defence of the true religion against incroaching tyranny , and innovations subtlely insinuated by the late king and his evil counsel ; but that our warre intentionally was against the lawful authority of kings , or against the person of the late king as he was king , or against his just prerogative , i deny ; only against his evil councel the war was raised , that the priviledges of parliament , the liberty of the people , and the truth of religion might be defended and established , this will appear by severall parliament declarations , protestations , and solemn covenant ; wherein the parliament do declare , protest , and covenant ( as their own priviledge , freedom and liberty , &c. ) to defend and preserve the kings person , his just rights and prerogatives , so far as it might stand with the preservation of religion and the peoples rights ; but the late king standing in strong opposition to the parliament and liberty of the people , and his rights and prerogatives coming in competition with or against the preservation of religion and priviledges of parliament and the peoples right ; he defending and taking upon himself all the evil actions and wicked devices of his evil councell , miscarried ( for so providence had ordered it should be : ) and the people ( as providence led them ) submitted to a parliament to govern them as a free people , they expected much ease and great reformation , but enjoyed — . now i would ask the objectors these two short questions . . if a parliament should become more tyrannicall then a king , and lay heavy burthens upon them , reaching to their persons , lives , and estates , by an unknown law or arbitrary power , and suffer innovations to come in on every side , to the contempt of religion and adulterating every truth , turning religion into every shape to metamorphise truth ; whether in this case , if such should be , the people might not as justly cry out and take up arms against such a parliament as against a king ? . if all these evils could be found and sensibly felt by the people , whether it were justice to themselves , acceptable to god , or benefit to their posterity , to cast off , and to abandon for ever the authority and use of parliaments ? i think they would give their negative , except such as would live without all order or command , which is to be worse then devils ; nor is the office nor just power of a king to be for ever rejected because there have been tyrannical , oppressing , superstitious , or idolatrous kings , for the office of a king is the ordinance of jehovah , and cannot be made null by man : to this office though not by the name or title of a king , god by his providence hath exalted the lord protector ; and he that resists his just authority and government resists the ordinance of god : it is evident he hath not assumed to himself that authority : he that objects that , i beleeve speaks against the dictates of his own conscience ( except his conscience be cauterized ) and that he hath exercised any tyranny or oppression over the people , it is false , and malicious calumniation , or that he will ever do any such thing is but envies suspicion , therein measuring his corn by their own bushell ; he hath been the instrument in gods hand to withhold greater oppressions from the people , and what at this day lies upon their shoulders , were laid on by others , not by him , from which he is endeavouring to free us ; let us not therefore whilest he is easing of us cry out against him , and say he hurts us , like the dogge that bites him that saves him from the tree ; and for laws he hath given none of himself , for he refers that to the honourable parliament now sitting , and successors : that which he did by advice of his councel in the regulating of the chancery , and ejecting scandalous ministers , and bringing all treasuries into one , &c. were ( i think ) very acceptable things and beneficial to the nation , such as were long looked for from — but they came not . object . obj. i , but he hath protested , engaged , and promised before god and men against the government to be by one person , and that the government should be by succeeding parliaments , &c. i answer , not contesting whether he made any such particular engagement and promise or not : but grant he did , such a thing i hope the objector will grant , for it cannot be denied that in every promise or engagement there is some condition , the condition not kept the promise or engagement is void ; whether it were between man and man in private contract , or whether it were between a publike person of trust and a nation , or to other persons of publike concernment , if in any thing of private contract , doubtlesse although the promiser were a looser by it he is in strictnesse of conscience tyed to perform what he promised ; but if to publike concernment , the conditions failing in the least , he is not bound to perform what he promised and intended , for that were the highest breach of trust , possibly his highness might by perswasion and conditions promised , engage against the government by kings , and to be governed by parliaments , beleeving ( such or such conditions being performed ) it might be most for the peoples freedom and liberty , but when he found the conditions waved , and that the freedom and rights of the people was monopolized , and their liberty turned into licentiousness , he might change his minde and purpose : a good father that promiseth to his childe such or such an inherinance , and really intends to do it , yet if he be fully and experimentally convinced that his childe will abuse that donation , he revokes his promise , alters his intention , and gives it to any other , and that justly : i am unwilling to speak all the truth in this case , because i would not cast dirt , &c. but the question is whether his highness was not bound rather to wave such a promise to preserve posterity , then to keep it to enslave a nation , he being a chief and principal man in trust ? for as i said just now , in every promise there is some condition , as when it was imposed by supream authority on all the people of the nation to engage to be true and faithful to that government then without king or house of lords ; the condition was implied that the people must have honest and just protection under that government ; and the end of all promises and engagements ought to be to gods glory and publike good : now if after such promise or engagement made by his highnesse , if either the condition or the end did not concurre or answer the intention ( as we know it did not ) his highness is absolutely freed from his promise or engagement , and no way tied unto such a promise . object . it is further objected , that he was the commenwealths servant , trusted by parliament to maintain the priviledges of parliament , and was paid for what he did : but for him to dissolve parliaments , break their priviledges , and set up himself to rule and govern as he please , is not just . answ . let it be granted he was the common-wealths servant , he ever acknowledged it , so was the parliament too , but became lords over the people at their own will , and although he were trusted by the parliament , yet he was not a servant to the parliament farther then the parliament was servant to the commonwealth , for publike benefit , he himself as a member had equal voice in parliament , and had greater trust imposed on him then all , even by the authority of parliament , for their lives and liberty , and the well-being of the three nations lay in his trust and faithfulnesse , who never failed in the least of any performance , in which by the blessing of god upon his industry providence made him instrumental of ●heir preservation and of the nations ; he was as a souldier well contented with his pay , he repined not , nor sought for more , only endeavoured that the fruits of gods blessing given in by god to the nations by his industry and faithfulnesse might be distributed to the people in all justice , which was not done , but the contraty ; therefore i say he being established the chief person in trust , was bound to discharge that trust in all things for publike good , especially providence leading him by gradations , step by step , to what he did , which if he had neglected or shall hereafter neglect , god will raise up some other , but if he had been unfaithful in this , then what should he do ( as job speaketh ) when god shall arise up ? and when god visiteth what should be answer him ? nor did he break the priviledge of parliament though he dissolved that parliament , for the priviledges of parliament were broken ( but not by him ) long before their dissolution , by whom and upon what design the whole people of the nation knew , and i willingly omit to repeat : if the attempting to take out five members was a breach ( as surely it was ) then the taking out or driving away of more then half five hundred , was a greater breach and as much as a whole dissolution , which priviledge could not well be restored without a dissolution ; for if that parliament ( as was in design by some ) had been perpetuated ; or if ( as was by some others designed ) there had been another force upon the house , or ( as they called it ) another purge , where had been the priviledges of the people ? what would have become of the fundamental laws of the nation ? and amongst how many heresies and corrupt new formed religions must we have searcht to finde truth ? and who should have known his right or enjoyed his propriety in any thing ? nor did his highnesse set up himself , for god set him up , who puls down and sets up whom he pleaseth , providence leading him to that he is , nor doth he seek to rule and govern according to his own will , but according to the fundamentall laws of the nation , and agreeable to the will of god , else he would have asked much more for himself and his posterity then he hath done , nor intending to rule by any arbitrary power , for then he would nor have bounded himself by laws and articles , as you see he hath in the government published by himself , &c. and taking care for the future by tri●nnial parliaments , and calling this present parliament freely elected by the people as a means to restore lost priviledges : in all which is no injustice but faithfulnesse in the discharge of his trust , as a servant to the commonwealth for publike good . object . fourthly , the great objection framed against his highnesse , is , . that he called this parliament upon design , as he did other former things , for his own ends , not for publike benefit . . that it is not a free parliament , not free in the elction , nor free wh●n assembled to proceed as a free parliament , restraint was put upon them , many members sent away , because they would not engage to his design , to confirm on him the supream power of the nation , give him the militia , negative to all parliament resolves , power to make laws , and to raise money , so that not only all the strength and treasure of the nation should be in his power , but religion too , which is more then ever the king had , and the things for which we engaged in a war against him as a tyrant , &c. answ . to this i answer , as we say in our proverb , and that truly , ill will never speaks well , the men of the world , designing men , have ever envied vertue and honour , which i verily beleeve are compactible in his highness● , and therefore envyed , not by the righteous , but by the men of the world , whose designs and interests are crossed : . that he called this parliament for any other end then for publike benefit , circumstances do demonstrate ; if things be compared with things which i willingly forbear to particularize ; and for all preceding things which the objectors call designs , providence hath clearly led him to , as is proved in our foregoing discourse . . that this is a free parliament , both in the election and in the proceedings , is evident to them that are not blinded by some prejudication ; for the restrictions made in respect of qualification in persons to be elected and electors , was so far from infringing the peoples liberty , or being any barre to their freedom , that it was indeed their greatest freedom and security of their safety , and was at this time ( considering out present condition ) of absolute necessity ; many designs being on foot to corrupt and ensnare counsels , the judgements of men being much unsetled by subtle insinuations of seducers ; nor was there any restraint upon parliament proceedings when assembled , as is objected , but what tended to publike good , and the end why this parliament was summoned , viz. to put things that are out of order into order , by the legal way of parliament proceedings , not to encrease factions , nor to maintain parties and private interests , but to establish religion , peace , and just laws , the main basis and foundation to the well-being of a commonwealth , wherein the parliament is free , and i hope by their wisedom , through the assistance and direction of jehovah , this parliament will be instrumentall in the laying of such a foundation , that god may own us for his people , dwell in our land , remove his afflicting hand from us , and leave a blessing to posterity . i say further , that this present parliament was summoned by the authority of the lord protector , which authority is from god , to which providence hath led him all along , and we are commanded to be subject to the higher powers , not some but all ; let every soul be subject , why ? for there is no power but of god , the apostle tels you that the powers that be are ordained of god , rom. . . by this power he summoned this parliament , and before the summons he by the advice of his counsell declared to all the people the condition that the commonwealth was in , and what was now necessary to be done for a happy settlement , i need not repeat any particular thing declared , nor verbally spoken by his highnesse at the parliaments first assembling , because it is publike to all , the people in all obedience to his highnesse authority according to his summons , made their respective elections ; the knights and burgesses elected ( or the most of them ) accepted of their elections , and appeared at the day and place ; why any one should after all this oppose that authority which called them , and the end why they came together , i will not judge . that his highnesse sent any away , as is objected , i deny , they were at their own liberty to sit in the house or to depart , it was at their free choice , that which they were to subscribe was no other then was plainly held forth to all men in the government as to one man , this was no barre to the free debates in parliament , for their debates to establish justice and righteousnesse , or offering any thing that might conduce to the benefit of the common-wealth , it is only a bar against oligarchy , the worst of governments ready to break in upon us : it is true it doth confirm his highnesse lord protector , for his life and no more , which if he did not for publike benefit he might have asked it for his posterity , and carried it by his power , if he had made himself his design , as is objected ; to that part of the objection concerning the militia , he was trusted with it by the parliament , and it was at his dispose , for the good of the publike , and so he ever used it with all faithfulnesse , and god by it made him instrnmental to bring us out of egypt ( i may say ) by great wonders ; we are still in the wildernesse scarce come so far as to mount nebo : and we have many thousands among us that still look back unto egypt , and we have the children of anak , giants and cananites that stand in the way and hinder out entrance into the possession of our evangelicall happinesse promised , these must be subdued and kept under , therefore the militia is still as useful in his hand as before , to secure the people from those lusting murmurers , and to subdue the cananites ; he claims not the militia to himself , but desires it may be in parliaments and himself , providence hath put it into his hand , and he knows his own heart , that he intends to use it no way but for the benefit of the common-wealth by advice of parliament , but he cannot know any others heart , nor can he say of any other that they would so use it , no , not for the people , if it were in their hands at this time , for the people are of as many mindes as men , if all might elect whom they would to serve in parliament , or all that would by designs get to be elected should be members , it is more then probable the enemy might in short time be masters of the militia , and by it not only give away our freedoms so much talked of , and the liberty of the people , but take away our lives also , and which is more then all take from us the priviledge of the gospel , and what else hath been purchased with so much bloud and treasure , and turn our pleasant eden into an acheldama ; the good people of this nation with his highness may say at this time , as david once said , the sons of zervia he too hard for me , which caused david to omit the doing that justice he willed to be done ; and truly my judgement tels me , if his highness should for his time ( whatever he may for publike good grant for future ) part wholly with the militia from his hand , he should provoke providence and betray his trust to the commonwealth ( which consists not of a few men that appropriate singularity to themselves for private interests , but all the people ) and give his life as a prey to his enemies , and with himself the three nations , which till some settlement be established , depend upon his welfare ; as also the interest that all true christian people in the world have in the welfare of this nation ; there must be a trust somewhere , but every man may not be trusted , though every free born subject have right in it ; nor can it be trusted in the hands of the multitude , for they rule by voice , not by law , nor to some of them , because others have equal right : nor can it be safe under the hand of a government democratical ( the thing mightily aimed at by the opposites to his highness , under specious shews , to please and to deceive the people ) which is , as experience tels us , next cosen to the highest tyranny ; why then not rather in him ? of whose trust and fidelity the people of this nation have good experience and great deliverance , from a first and second thraldom , till he by gods blessing with his parliaments advice can settle it in safety for the future . and whereas it is objected , that he seeks a negative voice to the parliaments resolves , is a scandal , he asks it not but only in those things that fundamentally concern the government , and that is ( if men could see ) for publike benefit , that neither oligarchy nor domocracy may start up to enthrall and enslave the people , by governing them according to will and fancy , by promises without known laws , where then would be the freedom and liberty of the people now so much talked of by the objectors ? these things he only excepts against , in all other things whatsoever of parliament resolves being drawn into bils , and offered unto his highness , if he consent not unto them within twenty daies , they are to passe into , and to become laws , although he shall not give his consent , as is exprest in art. . and for his seeking to have power to make laws , and to raise money , it is meer calumniation , he seeks it not , nor claims it not , but leaves it to the wisedom of parliament , as appears in art. . except ( as is there excepted ) for and in cases of safety and of necessity , till the time that this presant parliament were assembled , and that to be done by him with the advice of his counsel , as in art . . so then he seeks not the strength nor treasure of the nation to himself , nor to have it in his own power , as is objected : and for religion he seeks nor to have it in his power , but leaves it also to the parliament to debate , consult , and resolve , that he by them and they by him might receive all light possible in so great a business , for in the multitude of counsel there is safety ; it is indeed a great work , beyond the wisedom of man to appoint , without divine assistance and spiritual wisedom ; his highness well knows the evil of the rigid prelatical persecution , in tyrannizing over the consciences of men in that rigid st●ictness ; and he as well knows the evil of unbridled liberty , that it is abused and made a cloak of maliciousness , and as servants to corruption , occasions to the flesh , and to licentiousness , blasphemies , heresies , and doctrines of devils , the original of all discord , dissenti●ns , quarrels , seditions , and confusion , which seldom ends , if tolerated , but with destruction to the best and most flourishing commonwealths : these are rocks that will split the ship of the best fortified commonwealth , therefore carefully to be avoided by the best advice and skill of the most experienced pilot , in which his highness doth not refuse the counsel of this parliament , nor doth he refuse to pass the bill they shall agree on , except in his wisedom he see ( as our chief pilot ) something in it be dangerous to the well-being of the nation , and give them satisfaction therein , for he is more in this case then any one man in parliament , possibly a vote may be carried by one man , which in such a case he may justly deny , because the utility , peace , and happiness of a commonwealth depends upon the right discipline in religion , and the justice of execution of just laws , for regulating between two extreams ; religion in the power of it , in all godlinesse , is a law in it self , and needs no law to command it , for religion is truly the very nursing mother to all vertues , graces , peace , and unity among men ; and i must tell the objector , that the late kings have not really endeavoured this , but he or they had power to have done it , the neglect was his ruine , and a chief cause of englands misery . nor did we engage against this power or authority of the late king , but against his misusing of that power , casting off those just laws which by his authority he should have observed and commanded to be executed for the good of his people ; he seeking to rule by his own will , by absolute power in himself , to cast off all just laws and adulterate religion at his pleasure ; this was the original of our war , and this is that which the ancients in all times have called tyranny ; but his highness assumes not to himself so much authority as the late and former kings claimed and exercised , that which he claims is such a power as may enable him to establish religion in its purity , and that he with his parliament might enact and give life to all just laws , under which the people may live in all peaceableness , and be governed in all sobriety and godlinesse , with tranquillity and utility , for present and future , that the people may dwell safely every man sitting under his own vine and under his figree , as in the daies of solomon , king. . . besides , we ought to consider , that for severall years past we have travelled in a wilderness in untroden and uneven waies , and are digressed much from the right way of good discipline , almost in that condition as israel was when without a known law , and without a teaching priest , chr. . . and it is nor possible that in an instant at the first step we should recover our lost way , and at●ain to such a reformation as all good people desire , but we must expect as we have been led in crooked waies , and leaped over all bounds to lose our selvs , we must meet with some unevenness and cragged steps before there can be an establishment in all truth and justice ; the work is very great and the greatest works are done with the greatest difficulty , because they ever meet with the greatest opposition , it was so in ezra's time , and it is so now ; yet let none that truly fear god be discouraged , for god is our god , if we seek him he will be found of us , but if we forsake him not he will cast us off for ever . cor. . . ult. these are the words of david to solomon , when he was to build the materiall temple , and in ver. . he tels him for his greater encouragement god had chosen him to build it , and exhorts him to take heed and be strong to doe it ; there is a spiritual temple to be erected , of which that was the type , we know not by express words who god hath chosen and appointed to do it , but it shall be done at the time appointed , and by the man and means appointed ; what was promised concerning the temple at jerusalem in a spiritual sense , belongs to us under the gospel , as that promise which god made to joshua , ch. . . belongs to all christians , and is to them applied by the apostle heb. . . for he hath said he will never fail you nor forsake you : god is now working by his providence for us , though we will not see it ; but let us take heed we do not provoke providence whatever men object or pretend , let us follow the footsteps of providence , not our own wils , and be careful not to envy men that god will honour , but imitate them who through faith and patience inherit the promise . object . it is again objected by some , that his highness is a favourer of them that are known cavaliers , so as they have equal priviledges with them that have ventured all for publike good , &c. answ . ans. why then do others object against him for exempting all cavaliers , from being elected or electors of members to serve in parliament ; if an enemy shall submit shall not he receive him into favour , and shall anothers eye be evil because he is good ? and because we have been in a war shall we never be reconciled ? god forbid . besides the parliament upon good and christian considerations hath past an act of pardon to such delinquents as had compounded , or were not sequestred , if any compositions were not made or any were unsequestred , it was not nor is his highness fault ; by this let any judicious man , unbiast in the case , judge whether these objections be not more of envy or out of rashnesse then of truth or justice . other objections i might answer , but these i have named are the chief , and those that seem to carry the greatest weight in them ; therefore i shall omit to say any more , having been already longer upon this discourse then i intended . postscript . some small things have been mistaken by the printer and by my self , not any thing much ▪ material that have observed that needs an errata , what you finde i pray amend by you● pen , and let your christian love and patience bear with the rest , farewell . finis . notes, typically marginal, from the original text notes for div a e- a gen. . . b heb. . c numb. . . ex. . . d pr. . . isa. . . e isa. . . f isa. . . g eph. . h isa. . psa. . i isa. . k ez. . l isa. . m ps. . n kings . . o kin. ● . p ver. . q deut. . . r ex. . ſ mat. . . t king. . . u king. . . w king. . . x iob . y iob . . z ps. . a gen. . b gen. . . c iud. . d sam. ● . . e ex. . . f deut. . . g act. . . & act. . , . h joh. . . i isa. . k ioh . . l eze. . m pr. . . n pr. . o mat. . ● . p ioh. . . q mat. . . r mat. . . ſ mat. . , , t psalm . . u psa. . . w psa. . x job . . y joel . z josh. . . ps. . . a ps. . . b josh. . , . c isa. . . d jon. . e dan. . f dan. . , . g ex. . . h king. . , . i act. . . k isa. . l zech. . . m tim. . . n rev. . o rev. . . p psa. . . q ier. . r ier. . . ſ rev. . . t ps. . u isa. . , . * isa. . . * da. . . luk. . , . y iud. . z iud. . a iudg. . , . b king. . . c king. . , . d hos. . . e king. . . f vers . . g king. . . . h cor. . . i sam. . . k sam. . . l dan. . m gen. . , , . & v. . n gen. . , , . o ver. . p gen. . , q gen. . . r ver. . ſ gen. . , . t gen. . , . u gen. . w gen. . . act. . . x est . . y est . . . z ve . , . a ver. . b esth. . , . c est . . . d est . . , e est . . f gen. . . g isa. . . h iam. . . i gen. , . k ezr. . . l gen. . m isa. . . n isa. . . o isa. . p iob . q king. . , . r am. . . ſ isa. . . t job . . n col. . . rom. . 〈◊〉 w eph. . x ecc. . . y gal. . , . z tit. . . gal. . . a pet. . 〈…〉 b isa. . . c isa. . , d isa. . . e rev. . . f ecc. . g ezek. . . h gen. . . i lev. . , k ro. . . l lev. . deut. . m dan. . n ezr. . o lam. . p eze. . , , q jud. . r hos. . ſ lev. . t lev. . . u sam. . . k ier. . . see vers . . . l ecc. . m ps. . . n io● . o io● . . p kin. , . q king. . , . r kin. . and king. , . a gen. . . b gen. . * act. . c exod. , . * is . d psa. . . e dan. . f gal. . . g luke . . h gen. . . i chr. . , . k is . . l ier. . m mat. . . n king. . . hos. . . o ex. . p eze. . . q deut. . . r ●sa . ſ is . . t mic. . . u kin. . . w amos . . x lev. . . y deut. . , &c. z ier. . . & ier. . . a psa. . . b gen. . . c ie. . chro. . . d iob . . e rev. . f exo. . g ex. . . h da● . . . i ps. . k dan. . , . l mat. . . m act. . . n da. . o ier. . . p ver. . q ioh. . r tim. . ſ cor. . . t mat. . . vtr . . u rev. . w rev. . . x pet. . y e●c . i hag. . , . k ier. . . psa. . . l isa . . m ioh. . . n rom. . . o heb. . . p rev. . q rev. . r th. . ſ zec. . . t pro. . . u isa. . . w mat. . . x iudg. . y zep . . . eze. . . jer. . . z judg . . a is . . b chron. . . c ezek. . , , . d iud. . e ver. . f iud. . g dan. . h dan. . , . . i ve. , k lam. . , . l neh. . . m neh. . , n isa. . . o ●s . . . . p eze. q ve . , r ezek. . . ſ kiu . , , . t is . . u chron. . . w numb. . . x nùmb. . . y numb. . . z sam. . . a jon. . b sam. . . c act. . . d jam. . e jer. , , f heb. . . g ro . . h rom. . . i joh. . . k luk. . 〈◊〉 . * sam. . . l king. . . m luk. . . n kin. . . . o mat. . , . hos. . . p q sam. . . q sam. . . r mat. . . ſ mat. . t mat. . u chro. . . w king. . x chro. . . y zec. . . z sam. a luk. . . b luk. . c joh , . d tim. . e ●● sam. . f iam. . g jer. . h cor. . col. . . i t● . . k iam. . l ver. . m jam n ps. . o jam. . . p joh. . . q rom. . , r heb. . ſ mat. . . t ioh. . . u mat. . . w heb. . . x pet. . y ro. . . z pett. . . a ver. . b ioh. c gal. . . d can. . e numb. . f numb. . . g deu. . h mal. . i chron. . . k ezr. . k sam. . , . m io● . job . . n iob . , . o lam. . , . p lam. . . q iob . r heb. . ſ num. . , . t num. . . u ver. . w numb. . . x cor. . , . y exo. . ● . z ex. . . exo. . . a pr. . . b la. . c joh. . . d nu. . e neh. . f ezr. . . g neh. . , . h jer. . . k sam. . , . l mat. . . m luke . , . n jud. . o pro. . p iud. . q iud. . r rev. . , ſ cor. . t col. . . u tit. . . w mat. . x is . . y mal. . z ps. . a isa. . b nu. . . c num. . , , . d num. . , . e ro. . . f heb. . g chron. . , . h tim. . , i gen. . k ps. . l cor. . , . m joh. . . n mat. . o gal. . p mar. . q sam. . . r ez. . . ſ sam. . t ps. . u isa. . . mic. . . w eccl. . . y sam. . . z ki. . . a ki. . b ps. . c nu. . d numb. . . e mal. . . f iam. . g ro. . . an act appointing thursday the thirteenth of june, . to be kept as a day of solemn fasting and humiliation and declaring the reasons and grounds thereof. england and wales. parliament. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) an act appointing thursday the thirteenth of june, . to be kept as a day of solemn fasting and humiliation and declaring the reasons and grounds thereof. england and wales. parliament. sheet ([ ] p.) printed by edward husband and iohn field, printers to the parliament of england, london : . order to print dated: die martis, maii, . signed: hen: scobell, cleric. parliamenti. reproduction of the original in the british library. eng fasts and feasts -- great britain -- early works to . public worship -- great britain -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no an act appointing thursday the thirteenth of june, . to be kept as a day of solemn fasting and humiliation; and declaring the reasons an england and wales. parliament. a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - elspeth healey sampled and proofread - elspeth healey text and markup reviewed and edited - pfs batch review (qc) and xml conversion an act appointing thursday the thirteenth of june , . to be kept as a day of solemn fasting and humiliation ; and declaring the reasons and grounds thereof . although this nation hath enjoyed many blessings , and great deliverances from the hands of god , yet have the people thereof multiplied their sins , as god hath multiplyed his blessings upon them , especially the sins of vnthankfulness and vnfruitfulness , under such gospel means and mercies , which may most justly provoke the lord to multiply his judgements upon this nation . the parliament taking the same into serious consideration , as also the pernicious designs of the enemies of this commonwealth , to engage the same in a new and bloody war ; and being truly sensible of their own inability to prevent or disappoint the same ; and to testifie , that their whole dependance is upon the lord alone , and upon the freeness of his grace in christ , do enact and ordain , and be it enacted and ordained , that thursday the thirteenth of june next enfuing , be observed and kept in all churches and chappels in england and wales , and the town of berwick upon tweed , a solemn day of fasting and humiliation for the fore-mentioned sins , and for all other the transgressions whereof this nation is guilty ; and for imploring the favor of god , for a blessing upon the counsels and endeavors of the parliament , and upon their forces by land and by sea ; and that our gracious god would be pleased to give the people of this nation a heart to serve him in sincerity ; and to unite them against all combinations and practices of forreign or domestique enemies to this cause of god ( which the parliament hath , and shall by his blessing and assistance , maintain to the end ) that so at last , through the goodness and mercy of god , this commonwealth may be established in all truth and peace , to the glory of god , and happiness of this nation . and the ministers of the respective churches and chappels aforesaid , are hereby required to give notice hereof on the lords-day next preceding the said thirteenth of june ; at which time also the said ministers are required to publish this present act . die martis , maii , . ordered by the parliament , that this act be forthwith printed and published . hen : scobell , cleric . parliamenti . london , printed by edward husband and john field , printers to the parliament of england . . to the right honourable the lords and commons assembled in parliament. the humble petition of many of the gentry, ministers, free-holders, and other inhabitants of the county of kent, and the cities of olders, and other inhabitants of the county of kent, and the cities of canterbury and rochester, and county of canterbury, with the cinque ports, and their members, and other corporations within the said county. this text is an enriched version of the tcp digital transcription b of text r in the english short title catalog (wing t ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo b wing t estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. b ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) to the right honourable the lords and commons assembled in parliament. the humble petition of many of the gentry, ministers, free-holders, and other inhabitants of the county of kent, and the cities of olders, and other inhabitants of the county of kent, and the cities of canterbury and rochester, and county of canterbury, with the cinque ports, and their members, and other corporations within the said county. england and wales. parliament. sheet ([ ] p.) printed for william larnar, london : . "this petition was delivered and read in the house of commons the fifth of may with hands thereto." caption title. reproduction of original in: bodleian library. eng reformation -- england -- sources. kent (england) -- politics and government -- early works to . canterbury (england) -- politics and government -- early works to . great britain -- politics and government -- - -- early works to . broadsides -- england -- th century. b r (wing t ). civilwar no to the right honourable the lords and commons assembled in parliament. the humble petition of many of the gentry, ministers, free-holders, a [no entry] a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - elspeth healey sampled and proofread - elspeth healey text and markup reviewed and edited - pfs batch review (qc) and xml conversion to the right honourable the lords and commons assembled in parliament . the humble petition of many of the gentry , ministers , free-holders , and other inhabitants of the county of kent , and the cities of canterbury and rochester , and county of canterbury , with the cinque ports , and their members , and other corporations within the said county , most humbly sheweth , that your petitioners , or many of them have heretofore exhibited to both houses of parliament a petition concurring with those of the renowned city of london , and other severall counties of this kingdome , expressing their true zeale to true religion in the pure worship of god , and their loving affections to the kings most excellent majesty , both houses , and the kingdomes : that your poore petitioners doe with all humility returne their utmost thankes unto this honourable assembly , for your favourable and gentle acceptance of their petition , your great care and vigilancy , and uncessant labours for the advancement of the true reformed religion , the honor and welfare of his majesty , and his kingdomes , and for your continued endeavours for a right understanding betweene his majesty , and his parliament ; for your instant addresse to his majesty , to disswade him from his personall expedition for ireland , and especially for that to us so welcome declaration of lords and commons , april . . concerning your pious intentions for a necessary reformation , which renewes our hopes , and we hope will further your account in the day or the lord , who are come up as saviours on mount sion , and that your petitioners ; doe most heartily rejoyce to behold the happy union of both houses of parliament , and the mutuall concurrence of them and the whole kingdome , wherein under his majesty , the safety of all the three kingdomes doe consist . yet your petitioners cannot but plainly expresse with what sad hearts they thinke on the many evill occurrents which interrupt your unparalelled paines , and intercept the fruit of your faithfull counsels , from us among which this is not the least ( viz. ) a petition ( as we conceive ) of dangerous consequence , and published at the last generall assises holden for this county at maidstone , and then ( yea , yet ) advanced for subscribers , intended to be exhibited to this honourable house , as the petition of the whole body of this county , to cause the whole kingdom to beleeve that petition to be the act of the whole county of kent ( or the major part thereof ) whereby a great blemish and scandall is brought upon this loyall and peaceable county , being styled the kentish petition , which we know is not the act of the body of the county , as it seemeth to speak , for as much as it was disavowed by many of the then grand jury , and justices on the bench , and by all us your petitioners , whose names are under-written . . wherefore our humble prayer is , that your honours would be pleased first to accept this our vindication of our selves and this county , who utterly disclaime the said petition , humbly leaving it to the wisdome , justice and clemency of this honourable assembly , to difference betweene the active contrivers and promoters , and unadvised subscribers thereof . . to lift up your hearts above all discouragements in the wayes of the lord , according to that your so religious resolutions for reformation in the church , for a consultation with godly and learned divines , and for the establishing of a preaching ministry throughout the whole kingdome : and we your petitioners being sensible , that to oppose or flight his majesties parliament , and the orders thereof , were to hazzard the safety of his majesties royall person , and all his kingdomes , and to further the designes of our enemies , who hope by causing our division , to triumph in our confusion . and we your petitioners are unanimously resolved to maintaine and defend , as far as lawfully we may , with our lives , power and estates , his majesties royall person and dignities , as also the power and priviledges of his parliament , according to our protestation . and shall daily pray that your hands may be sufficient for you to accomplish every good worke . this petition was delivered , and read in the house of commons the fifth of may , . with . hands thereto . london printed for william larnar . . die mercurij . aprill, . ordered by the lords and commons in parliament assembled, that the lord major of the city of london is hereby desired and required to give direction that publike thanksgiving be made on the next lords day, in every church, & chappel within the lines of communication, and bills of mortallity for gods blessing to the forces in scotland, against the rebells in that kingdome. england and wales. parliament. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) die mercurij . aprill, . ordered by the lords and commons in parliament assembled, that the lord major of the city of london is hereby desired and required to give direction that publike thanksgiving be made on the next lords day, in every church, & chappel within the lines of communication, and bills of mortallity for gods blessing to the forces in scotland, against the rebells in that kingdome. england and wales. parliament. sheet ([ ] p.) s.n., [london : ] signed: jo: browne cler. parliamentorum. imprint from wing. at foot: to the gentleman vsher attending this house, or his deputy to be delivered to the lord major of the city of london. reproduction of the original in the british library. eng city of london (england). -- lord mayor -- early works to . scotland -- history -- charles i, - -- early works to . london (england) -- history -- th century. great britain -- politics and government -- - . a r (thomason e _ ). civilwar no die mercurij . aprill, .: ordered by the lords and commons in parliament assembled, that the lord major of the city of london is here england and wales. parliament. a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion die mercurij . aprill , . ordered by the lords and commons in parliament assembled , that the lord major of the city of london is hereby desired and required to give direction that publike thanksgiving be made on the next lords day , in every church , & chappel within the lines of communication , and bills of mortallity for gods blessing to the forces in scotland , against the rebells in that kingdome . jo : browne cler. parliamentorum . to the gentleman vsher attending this house , or his deputy to be delivered to the lord major of the city of london . his majesties most gracious speech to both houses of parliament william, iii, king of england, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). b wing w a estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. b ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) his majesties most gracious speech to both houses of parliament william, iii, king of england, - . england and wales. sovereign ( - : william and mary) sheet ([ ] p.) re-printed by the heir of andrew anderson, printer to their most excellent majesties, edinburgh : anno dom. . caption title. initial letter. reproduction of the original in the national library of scotland. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng great britain -- politics and government -- - -- early works to . broadsides -- scotland -- th century. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - spi global rekeyed and resubmitted - john pas sampled and proofread - john pas text and markup reviewed and edited - pfs batch review (qc) and xml conversion his majesties gracious speech to both hous ; es of parliament . my lords and gentlemen , having lately told you , that it would be necessary for me to go into holland much about this time , i am very glad to find that the success of your endeavours to bring this session to a happy conclusion , has been such , that i am now at liberty to do it ; and i return you my hearty thanks for the great dispatch you have made in finishing the supplies you have designed for carring on the war , which it shall be my care to see duely and punctually applyed to that service for which you have given them : and i do likewise think it proper to assure you , that i shall not make any grant of the forfeited lands in england or ireland ; till there be another opportunity of settling that matter in parliament , in such manner as shall be thought most expedient . my lords and gentlemen . as i have reason to be very well satisfied with the proofs you have given me of your good affection in this session of parliament , so i promise my self the continuance of the same , at your return into your several counties : and as every day produces fresh instances of the restlesness of our enemies , both at home and abroad , in designing against the prosperity of this nation and government establish'd ; so i do not doubt but that the union and good correspondence between me and my parliament , and my earnest and constant endeavours for your preservation on the one hand , joyned with the continuance of your zeal and affection to support me on the other , will , by the blessing of god , be at all times too strong for the utmost malice and contrivance of our common enemies . edinburgh , re-printed by the heir of andrew anderson , printer to their most excellent majesties , anno dom. . a petition presented by the inhabitants of nevvport-pagnell and the parts adjacent to his excellency the lord generall fairfax, and the general councell at white-hall on tuesday, decemb. . , desiring the person of the king might be brought to speedy iustice, and other matters of like nature. to the right honourable his excellency the lord fairfax, generall of the the parliaments forces, and to the officers of the excellencies army now met in general councell. the humble petition fo the well-affected in newport-pagnell, and the parts adjacent. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing p thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) a petition presented by the inhabitants of nevvport-pagnell and the parts adjacent to his excellency the lord generall fairfax, and the general councell at white-hall on tuesday, decemb. . , desiring the person of the king might be brought to speedy iustice, and other matters of like nature. to the right honourable his excellency the lord fairfax, generall of the the parliaments forces, and to the officers of the excellencies army now met in general councell. the humble petition fo the well-affected in newport-pagnell, and the parts adjacent. fairfax, thomas fairfax, baron, - . sheet ([ ] p.) s.n., [london : ] imprint from wing. they make known their reflections to the army and ask nine articles: . that the king be tried. . that all who had a hand in the wars be enquired after. . that free quarter be abolished. . tithes abolished. . freedom of conscience. . laws in english. . the petition of september (steele i, ) be considered. . against communality of property. the answer of the council was in sympathy -- cf. steele. includes 'the answer of the generall councell in white-hall on tuesday, decemb. . . to the petition of newport-pagnell, and the parts adjacent'. reproduction of the original in the british library. eng charles -- i, -- king of england, - -- early works to . great britain -- history -- civil war, - -- early works to . great britain -- politics and government -- - -- early works to . newport pagnell (england) -- history -- th century -- early works to . a r (thomason .f. [ ]). civilwar no a petition presented by the inhabitants of nevvport-pagnell and the parts adjacent to his excellency the lord generall fairfax, and the gene fairfax, thomas fairfax, baron a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion a petition presented by the inhabitants of nevvport-pagnell and the parts adjacent to his excellency the lord generall fairfax , and the generall councell at white-hall on tuesday , decemb. . , desiring the person of the king might be brought to speedy iustice , and other matters of the like nature . to the right honourable his excellency the lord fairfax , generall of the parliaments forces , and to the officers of the excellencies army now met in generall councell . the humble petition of the well-affected in newport-pagnell , and the parts adjacent . humbly sheweth , vve are very sensible by whose meanes , and to satisfie whose prerogative fancy , our lives and liberties have bin ruined and almost destroyed , which our representatives well resenting ( at their first convention ) did by severall declarations sufficiently satisfie the kingdome : and for prevention of future arbitrary practises over our persons and estates , did dismount the tyrannicall courts of star-chamber , high-commission , and councell-table ; going yet further , that if the king ( in dislike of their just endeavours for the peoples safety ) should make warre upon the parliament , it should tend to the dissolution of his government : in order to which ( the king guilty of breach of the trust aforesaid ) that satisfactory declaration of no more addresses did abundantly witnesse their just proceedings , putting us upon expectation of their candid intentions to a just settlement of peace and freedome : but now ( to our greatest griefe be it spoken ) we haue found resolutions in our electives , implying a notorious contradiction of their former just and equitable principles , giving the king that by vote which by all the strength and policy of his royall party he could never yet attaine to by the sword . all which mischiefes we doe interpret to obnoxious humours ( hoping no errors in the vitals ) but in case these votes should arrive to their intended accomplishment , we are given to beleeve ( notwithstanding all the bloud and treasure ( since the wars began ) that hath been exhausted ) we shall be left in a worse condition then before ; and by so much the more the rage of that professed tyrant and his creatures incensed against us . and in the midst of these our feares and jealousies , there appeared not from our representatives the least hope of recovery ( notwithstanding petitionary means hath bin used to rectifie their judgments ) all which , as the subject matter of our saddest thoughts , we humbly present to your excellency and officers under your command : beseeching you , by all the deliverances and victories that god hath duplicated upon this army , that you be not deluded by the sophistry of a corrupt party , but to improve your power to the utmost for the establishment of justice and freedome : and that your excellency will be pleased to mediate the parliament in our behalfe , for these our just desires ; and in prosecution hereof , we shall assist your excellency to the utmost of our lives and fortunes . . that the author of the bloud and ruines of the three kingdomes ( as we conceive ) the person of the king be brought to speedy tryall . . that a strict enquiry be made after all persons ( of what quality soever , that had a hand in the first or second war , and justice done according to their demerit . . that the heavy burthen of free quarter be wholly taken off , and effectuall care taken for constant pay of the army , and provision thought upon for paiment of their arreares . . that the capitall and most antichristian oppression of tythes be taken away , and that gleabe-lands be sold to satisfie impropriators : provided their tenure be not : from bishops , deanes and chapters , or colledges , or their estates under sequestration ; and gospell-ministers to be maintained by a free contribution , according to gospell-order . . that no law be made or continued for the punishing of our persons about matters in religion , seeing every soule shall stand or fall to his owne master , no need of tormenting before the time . . that the lawes of this land be translated into english ; and that there be a court of judicature in each hundred of every county , where causes may be equally determined by twelve sworne men annually chosen by the freemen of the said hundred , and not left to depend upon prerogative lawyers for justice , the obstructors of the peoples freedomes . . that a speedy course may be taken for the suppressing of ale-houses ; they being the very receptacle and nursery of rogues to plot and contrive all manner of villany , and cause of the great dearth and famine in this kingdome ; and unlesse it be timely prevented , will occasion the starving of many thousand families . . that the desires of the large petition presented sept. . be taken into speedy consideration ; that it may not discourage the well-affected from making future addresses . . lastly , we protest against community or abridgment of the least title of any mans property . this being the period of our desires , that the lawes being grounded upon reason and religion , all persons may be bound alike to subjection . and your petitioners shall pray , &c. the answer of the generall councell in white-hall on tuesday , decemb. . . to the petition of newport-pagnell , and the parts adjacent . that they had read the petition , and did very kindly resent and thankfully accept those expressions first in the preamble of the petition , of their affections and faithfulnesse , in relation to the publique justice and liberties of the kingdome , and for their desires in the prayers of the petition concerning the prosecution of justice and freedome : we doe heartily close with your desires in it , and shall endeavour to prosecute the same , as god shall direct and inable us in all honest wayes . and for the last part of the prayer of the petition , for mediating with the parliament concerning those particulars following , they were acquainted , that the most part of the particulars are such as doe relate to publique justice , and a generall settlement of the liberties of the kingdome . the councell hath taken many of them already into consideration , and are in consideration of some other things remaining ; which so soone as they have passed the councell , you will see publique , and we hope to your satisfaction ; and the other particulars that you desire mediation in , either concerning the reformation of lawes in being , or the making of new , particularly the councell doe let you know , that such things as those are matters of publique justice and of the kingdome ; they shall so farre as they are proper for their cognizance take them into consideration in their places and time . to his highness the lord protector, and the parliament of england, &c. chidley, samuel. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing t thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) to his highness the lord protector, and the parliament of england, &c. chidley, samuel. p. s.n., [london : ] attributed to samuel chidley. caption title. imprint from wing. an address to cromwell, praying him to abolish capital punishment for stealing. printed in red ink. annotation on thomason copy: "march d "; [illegible] formerly march ". reproduction of the original in the british library. eng capital punishment -- england -- early works to . thieves -- england -- early works to . crime -- england -- early works to . criminals -- england -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason e _ ). civilwar no to his highness the lord protector, and the parliament of england, &c.: chidley, samuel. f the rate of defects per , words puts this text in the f category of texts with or more defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion to his highness the lord protector , and the parliament of england , &c. mortal gods , the eternal being , without which nothing can be , hath made of one blood all nations of men act. . . men are the off spring of god , v. . and made in his own image , gen. . . and therefore god said unto our fathers soon after the floud , whoso sheddeth man● blood , by man shall his blood b● sh●d , gen. . . yea , ( except in some special cases ) bloud must be shed for the bloud of a thief : for he should have lived to make full restitution , exo. . . and therefore you ought to be more tender of a mans life , then of matter of estate : and all things whatsoever ye would that men should do to y●u , ye should do even so to them , mat. . . and i have so much charity towards you , to hope that you are not void of all humanity , but have some natural aff●ction ; so that if any of your children or neer relations through poverty should fall to steal , and happen to be hanged for the value of d. ob ( or press'd to death for not ●peaking ) it would touch you to the quick . and think you that other mens children and relations are not as dear and precious to them , as yours are to you ? and this 〈◊〉 say , not that i allow of theft , nor do i know any of my relations guilty thereof ; but only shew unto you the unnatur●lness of the act and fact of putting men to death for simple theft ; that so you may be thorowly sensible and sorrowful , and you hearts may be made better , eccl. . ● . you know it 's a common thing to arraign men for stealing horses ; a man is hang'd ordinarily for a mare : for your law values not a man more then a horse : is not this a brutish estimation , o ye heads of great britain ? you have sate now above these days twice told , and passed some acts for transporting corn and cattel out of the land , and against charls stuart's , &c. but ( as i humbly conceive ) have left undone matters of greater concernment ▪ amongst which , the not curbing this over-much justice in hanging men for stealing , is one ; the not supp●●ssing the pressing of men to death for not a 〈…〉 ing against them●elves , is ano●her ▪ and wh●t th●●k 〈◊〉 of tak●ng awa● mans life upon 〈◊〉 single testimo●● ▪ ( especi●lly be●●g for such small m●tte●s c●n you j●stfie the s●me before the great law giver , who is a 〈…〉 e and to destroy ? if you cannot , then be as ●ilig●●t to make a thorow reformation as i have been 〈…〉 e solli●i●●●ion . w●● ye 〈◊〉 also , that it is a general grievance and open di●grace to the nation , that the publick debts are yet unpaid , although you are deeply engaged by art. . of this present government ? ye know the laws are executed with great seve●i●y against pick-pockets , petty thieves , and silent malefactors , who are press'd to death for hol●ing their tongues , and are taken pro confesso : but judg in your selves , wh●t●●r are the greater sinners , those who steal for meer ●●●●ssity to supply their present wants , or such as defraud the old soldier of his pay , & the laborer of his hire , and borrow money and not pay again but engage f●ith and promise upon it , give debenters , bills and bonds for it , and establish securities to satisfie it , and afterwards by force or fraud take it , or suffer it to be taken away again ; and yet again binde themselvs by a solemn o●th , as in the presence of god , that the securities given shall remain firm and good , and not be made void or invalid upon any pretence whatsoever ▪ and afterwards neither regard debts nor debtors , but suffer many of them to perish , while justice is bought and sold , and cometh by a drop at a time , and doth not run down as it ought like a mighty stream : and by swearing and lying , and killing and stealing , and committing adultery , men break out , and blood toucheth blood . and for these things doth the land ●ourn , hos. . ● . . in the land of israel there was s●●●i●l prouision made for the poor , the fatherless and the w●dow 〈…〉 y stranger was ●ot to be forgotten in that land : ●o 〈…〉 theft was much more to be punished ●●●n now , 〈…〉 thieves then were not driven to su●● straits and c●l●mities as many now have been and a●e ●●ill here in england , ( under such rude forms of government ) by ca●ualties , as impotency of body , loss of estates , bad deb●s , like the publick faith and arreres of souldiers , so much undervalued , as if the high & mighty states of england were broken . and god then gave free liberty amongst the jews , for a man to eat his fill of his neighbours field , vineyard , or oliveyard : but by the rustical law of england , men arrest men as tresp●ssers for coming upon their ground , and obtain judgements against them for costs , although there is no damage . such p●actices ●s these disq●iet the land , create combust●o●s , bring confusions , and procure work for a sort of villain 〈◊〉 catchpoles , and employ a company of lascivio●● ▪ lubbers , i mean the lying lawyers , whose h●ads are full of mischief , and their pens dipt in gall and wormwood ▪ their tongues are as sharp arrows , their teeth as swords and spears , and their throats open 〈…〉 ●●vour and swallow up the poor and needy fro● 〈…〉 : these are like a sweeping 〈…〉 leaving them a shilling to be a shield of de●ence ▪ 〈…〉 in their pocket , to encou●●●r with 〈…〉 hunger : and so the poor mens noses are h●ld ●o ●●e grindstone , and their faces ground away , as may be seen by their countenances : and the poor's poverty comes to be their absolute destruction , and swarms of beggers and thieves ingendered in the common wealth by pecunia 〈…〉 s ▪ and the poor mans suit cannot go on currantly w●●●out money , though his cause be never so just , but 〈…〉 e a lawyer may easily be got to speak twenty 〈◊〉 ●●●●●st him for s. and cloak his lyes with pret●●●●s of clyents informations . these things may e●sily be reformed by you , if ye will , o ye men of high degree . and because you are the patrons of englands statutes , and have power to redress the grievances which by your law cannot be redressed without you ; i have presented you with these lines printed in red letters , because , though tophet is p●epared of old for kings , because of their crying crimes ; yet parliaments sins are sins red as scarlet , of a deep and double dye ; and they must be accountable to him by whom their legislative power is limited . repent therefore , o parliament of england , and be not as your predecessors the former parliaments . parliaments have been pillars of popery , panders to the whore of babylon , abominable idolators , propagators of adultery and covetousness in the clergie : parliaments have been murderers of saints and sinners ; parliaments have done and undone their self-denying ordinances , been puff●d up with pride , tyrannous towards their inferiours , slavish to their superiours , submi●ting to force against freedom ; using publike fraud and private fl●ttery , to the destruction of the people . therefore whatsoever heavie bu●dens they bound , and grievous to be born , you must unbinde , loosing the b●nds of wickedness , undoing the heavy burdens , and let●ing the oppressed go free , and breaking every yoke , so much as the putting forth of the finger , or speaking vanity . an act to prevent the killing of deer. england and wales. parliament. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) an act to prevent the killing of deer. england and wales. parliament. sheet ([ ] p.) printed by john field, printer to the parliament of england, london : . order to print dated: thursday, the th of july, . signed: hen: scobell, cleric. parliamenti. with engraving of parliamentary seal at head of text. reproduction of the original in the british library. eng game laws -- england -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no an act to prevent the killing of deer. england and wales. parliament. a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - john pas sampled and proofread - john pas text and markup reviewed and edited - pfs batch review (qc) and xml conversion an act to prevent the killing of deer . be it enacted by this present parliament , and the authority thereof , and it is hereby enacted and ordained , that if any person or persons shall from and after the first day of august , . kill , hurt , or take away any red or fallow-deer , in any forrest , chase or park , or other inclosed ground , within this commonwealth , without the consent of the owner or person chiefly intrusted with the custody thereof ; or shall be ayding or assisting therein , and shall be convicted thereof by confession of the party , or by the oath of one or more credible witnesses ( before one or more justices of the peace , who are hereby impowered to administer an oath to that purpose ) such person being prosecuted for such offence , within three moneths after such offence done , that then every person so offending , shall forfeit for every such offence the sum of fifteen pounds , to be levied by way of distress upon the goods and chattels of every such offender , by warrant under the iustices hand before whom such conviction shall be made ; the one moyety of the said fifteen pounds to be given to the informer , and the other moyety to the poor of the parish where such offence shall be committed ; and for want of distress , the offender shall be committed to prison for twelve moneths , without bail or mainprize . provided , that where any offender shall be punishable by force of this act , that he shall not be prosecuted , nor incur the penalty of any other law or statute for the same offence . thursday , the th of july , . ordered by the parliament , that this act be forthwith printed and published . hen : scobell , cleric . parliamenti . london , printed by john field , printer to the parliament of england . . an act which his maiesty hath promised his royall word to passe for justifying the proceedings of parliament in the late war, and for declaring all oathes, declarations, proclamations, and other proceedings against it to be void. england and wales. sovereign ( - : charles i) this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing c ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing c estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) an act which his maiesty hath promised his royall word to passe for justifying the proceedings of parliament in the late war, and for declaring all oathes, declarations, proclamations, and other proceedings against it to be void. england and wales. sovereign ( - : charles i) charles i, king of england, - . broadside. printed by robert ibbitson, london : [ ] at head of title: new port september , . "agreed on between his majesty and the commissioners at newport in the isle of wight." reproduction of original in the bodleian library. eng great britain -- history -- civil war, - -- sources. great britain -- politics and government -- - . a r (wing c ). civilwar no new port september . . soit baillè aux seigneurs, a ceste bille les seigneurs sont assentuz: an act which his maiesty hath promised h england and wales. sovereign d the rate of defects per , words puts this text in the d category of texts with between and defects per , words. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - john pas sampled and proofread - john pas text and markup reviewed and edited - pfs batch review (qc) and xml conversion new port september . . soit baille a●● seigneurs , a ceste bille les seigneurs sont assentuz : an act which his maiesty hath promised his royall word to passe , for justifying the proceedings of parliament in the late vvar , and for declaring all oathes , declarations , proclamations , and other proceedings against it to be void . agreed on between his majesty and the commmissioners , at newport in the isle of vvight . whereas the lord●●●● commons assembled in parliament , have bin necessitated to make and prosecute a vvarre in their just and lawfull defence ; and thereupon oathes , declarations and proclamations have been made against them , and their ordinances and proceedings , and against others for adhering unto them , and for executing offices , places , and charges by authority derived from them ; and judgements , inditements , outlaries , attainders , and inquisitions , for the causes aforesaid , have been had and made against some of the members of the houses of parliament , and other his majesties good subjects , and gran● have been made of their lands and goods : be it therefore declared and hereby enacted , by the kings majesty , and by the lords and commons assembled in parliament , and by authority of the same . that all oathes declarations and proclamations , heretofore had or made against both or either of the houses of parliament , or any the members of either of them , for the causes aforesaid , or against their ordinances or proceedings , or against any for adhering unto them , or for doing or executing any office , place or charge , by any authority derived from the said houses ; or either of them , and all iudgements , iudictments , outlaries , attainders ; inquisitions and grants thereupon made , and all other proceedings for any the causes aforesaid , had , made , done or executed , or to be had , made , done or executed , whether the same bee done by the king or any iudges , iustices , sheriffes , ministers , or any others , are void and of no effect , and are contrary to and against the of lawes of this realme . and be it further enacted and hereby declared by the authority aforesaid , that all iudges , iustices of the peace , mayors sheriffes constables and other officers and ministers shall take notice hereof , and are hereby prohibited and discharged in all time to come , from awarding any writ , processe or summons , and from pronouncing or executing any iudgement , sentence or decree , or any way proceeding against , or molesting any of the said members of the two houses of parliament , or against any of the subjects of this kingdome , for any the causes aforesaid . london printed by robert ibbitson . the king of france's letter to the earl of tyrconnel, found in a ship laden with arms for ireland. louis xiv, king of france, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). b wing l estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. b ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the king of france's letter to the earl of tyrconnel, found in a ship laden with arms for ireland. louis xiv, king of france, - . france. sovereign ( - : louis xiv). sheet ([ ] p.) printed for t.p., london, : . caption title. reproduction of original in: bodleian library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng james -- ii, -- king of england, - -- early works to . france -- foreign relations -- great britain -- early works to . great britain -- foreign relations -- france -- early works to . great britain -- politics and government -- - -- sources. ireland -- history -- - -- sources. broadsides -- england -- th century. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - john pas sampled and proofread - john pas text and markup reviewed and edited - pfs batch review (qc) and xml conversion the king of france's letter to the earl of tyrconnel , found in a ship laden with arms for ireland . my lord , as we are fully inform'd of the deplorable misfortunes of our royal brother , ( his majesty of great britain ) and of his intentions to honor our court with his presence , till we can accommodate his return to his ungrateful country and kingdom , suitable to his grandeur and merit ; so we thought it convenient to send you the most proper instructions vve , and our council , could suggest , whereby we might render your endeavours as serviceable and material as may be for your royal master's interest . the kingdom of ireland seems , at present , to be your master's last stake , and therefore must be managed wisely ; nor shall you want opportunity of making the most of your game , since we are stedfastly resolv'd to give the army in england such powerful diversion , that we doubt not to render them wholly incapable of turning their arms towards you : in the mean time , we advise you to make all the levies you can ; and by no means admit any heretical villains into the least command , civil or military : vve have sent you arms for thirty thousand ; which , with what your self can supply , will accouter a formidable body of men , and fully sufficient for the entire reduction of that kingdom . vve shall also take care to furnish you with money ; and , in the mean time , we advise you to seize , without distinction , all the hereticks goods and estates , which will serve for a present advance : vve will also supply you with some expert commanders , and all necessary engines of war ; and for the supply of ammunition , we are inform'd of your care , in your speedy setting up mills for the making of powder , &c. vve likewise advise you to keep strong and diligent guards in all your sea-ports and coasts ; to set up beacons in convenient places throughout the kingdom , whereby the country may be ready at the least alarm : and as we doubt not of the assistance of god in so just a cause , so we may , with all human probability , conclude of the speedy re-establishment of our royal brother in his throne & kingdom . london , printed for t. p. . mola asinaria: or, the unreasonable and insupportable burthen now press'd upon the shoulders of this groaning nation: by the headless head, and unruly rulers, that usurp upon the liberties and priviledges of the oppressed people. held forth in a remonstrance to all those that have yet sound and impartial ears to hear, and duly weighed in the scales of equity and justice ... wherein is demonstrated, what slavery the nation must subject it self to, by allowing the lawfulness and usurped authority of the pretended long parliament now unlawfully and violently held at westminster. by william prynne, bencher of lincolns-inne. butler, samuel, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing b a thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) mola asinaria: or, the unreasonable and insupportable burthen now press'd upon the shoulders of this groaning nation: by the headless head, and unruly rulers, that usurp upon the liberties and priviledges of the oppressed people. held forth in a remonstrance to all those that have yet sound and impartial ears to hear, and duly weighed in the scales of equity and justice ... wherein is demonstrated, what slavery the nation must subject it self to, by allowing the lawfulness and usurped authority of the pretended long parliament now unlawfully and violently held at westminster. by william prynne, bencher of lincolns-inne. butler, samuel, - . prynne, william, - , attributed name. [ ], p. [s.n.], printed at london : in the year mdclvix. [i.e. ] a satire on prynne, attributed to samuel butler. annotation on thomason copy: "may. ". reproduction of the original in the british library. eng prynne, william, - -- early works to . political satire, english -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason e _ ). civilwar no mola asinaria: or, the unreasonable and insupportable burthen now press'd upon the shoulders of this groaning nation:: by the headless head butler, samuel c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - elspeth healey sampled and proofread - elspeth healey text and markup reviewed and edited - pfs batch review (qc) and xml conversion mola asinaria : or , the unreasonable and insupportable burthen now press'd upon the shoulders of this groaning nation : by the headless head , and unruly rulers , that usurp upon the liberties and priviledges of the oppressed people . held forth in a remonstrance to all those that have yet sound and impartial ears to hear , and duly weighed in the scales of equity and justice . by william prynne , bencher of lincolns-inne . wherein is demonstrated , what slavery the nation must subject it self to , by allowing the lawfulness and usurped authority of the pretended long parliament now unlawfully and violently held at westminster . jusque datum sceleri . printed at london , in the year mdclvix . mola asinaria , &c. countrymen : there is not any thing in the universe deserves less to be a member of it , then a self-seeking man , who unconcern'd in the publick good , regards onely his private interest . the world unwillingly contributes to his maintenance ; and nature less abhors a vacuum , then that any place should be filled by a subject so empty of desert . he is a savage creature in the midst of civil people , not deserving to be born of others , as not caring to live , but for himself . nay , it is worthily reputed a kind of civil death , to do nothing else but live : for as long as we have a country to abide in , we have a duty to tender it . all we have , we have from it ; and by consequence owe it all we have . our lives and fortunes are safest , when ventured for the publick interest ; and he is the truest lover of law and liberty , that affects rather to be ruled , then to rule ; he the freest subject , that creates himself a voluntary slave to his countries service . take from the world this inviolable law , ( that is not writ in brass , but deeply imprinted in loyal hearts ) and it shall again turn savage and barbarous . this is a truth so manifest , and not to be dissembled , that never yet was there a tyrant , but pretended to be a saviour of the people . liberty , conscience , a glorious nation , the good old cause , and such specious names are made use of : nec quisquam alienum servitium & dominationem concupivit , ut non eadem ista vocabula usurparit . these machiavilian tricks , and political cheats so often put upon the people of our nation , me thinks should have by this time undeceived us with a sad experience of the miseries we have subjected our selves to , by a perpetual itch of reforming , annulling , creating laws , and framing new governments to the model of every grandees ambition ; and yet we are againe ready to thrust our necks into a new yoak of slavery , rather then any man will engage his private fortunes , and venture to redeem his country from bondage . it is laid to the charge of english-men by forraigners , that we are {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , and above all nations under heaven pretending to civility , the greatest self-seekers ; as regarding much more our own particular , then the general concerns . i must needs say , other nations would have canonized for martyrs , and erected statues after their death to the memory of some of our compatriots , whom ye have barbarously defaced and mangled yet alive , for no other motive , but their undaunted zeal . it has been ( i know not whether i should say ) your misfortune , or my glory , to become a sufferer for a legal vindication of the liberties of our kingdom ; but yet i never knew what it was to fear , when i perceived my self engaged in so good a cause ; not envy nor snarling pamphlets shall stop the course of my pen freely running into my countries defence , which my profession and age forbid me to vindicate by the sword . let young men serve it with their strength and arms , let old men secure it by their heads and counsel : for my part , i desire to live no longer then i can in some sort contribute to so glorious a work . i have of late been snarled at for it by certain licentious scriblers , that durst not own their names for fear of discovering their asses ears : however , they are pleased to twitch at the honourable remnant of mine . they thought to have stopt my mouth by their brauling and braying ; but i dare yet speak louder ; and i hope i shall be heard by all such as have yet sound and impartial ears : but if my cry will not reach you , i fear ( dear country-men ) the voyce of blood will speedily interrupt your slumbring security . those that will be lawless , finde fault with my writings , because i vindicate the anciently established laws of england ; and tax me of desperate non-sense , because i will not allow them an unlimited , unlegal legislative power to repeal , annul , alter , and enact what laws soever they deem best to serve their own turns . they deceitfully cry out , salus populi suprema lex esto ! an axiome that i no ways deny to be true ; but i would desire to be instructed who are to be judges , of what is expedient for the good of the people ? the author of the forecited maxime says , leges magistratibus praesunt , ut magistratus praesunt populo : and the great doctor st. austin not doubted to affirm , that those societies where law and justice is not , are not common-wealths or kingdoms , but magna latrocinia , great thefts and trapanning cheats . as for the power of altering laws , or bringing in new ones , and setting up new governments , it is allowed by wise men , that all power lawfully exercised upon a commonwealth , must necessarily be derived either from the appointment of god , who is supreme lord of all ; or from the consent of the society it self , that hath the next power to his , of disposing of their own liberty , as they shall think fit for their good , whose benefit is the end of all government . therefore whoever arrogates such power to himself , that cannot produce one of these two titles , is not a ruler , but an invader , or a tyrant . now how this pretended long parliament , restored by the force of souldiers , by whose force it had first been dissolved , and was before annulled by the death or murther of king charles the first , that summoned it , he being principium , causa , & finis parliamenti ; after his murther , the house of lords and monarchy being abolished , and so many of the ancient members thrown out , new ones unduly elected , and such horrid thefts , rapes , &c. committed by them upon the people , can lawfully be said the peoples representatives , and authorized by them , is the greatest riddle that ever was propounded to a puzzled state . it was in the year , that i published a legal vindication of the liberties of england ; in which i demonstrated the nullity of the then-pretended long parliament ; and lately i set forth a lively pattern of the spurious old cause pretended to be revived and vindicated by the fine pageant or now-sitting ghost of the long-since departed long parliament ; neither need i reason farther with reasonable persons about it : yet since this phantastical hob-gobbling appears still to fright the quiet people , and tempts them ( like an evil spirit ) to give themselves to such an unruly devil ; i will here onely hold forth to the view of all good englishmen , what slavery they must needs subject themselves unto , if they resolve to cast off forever their lawful master and soveraign , and take for new masters these upstart domineering tyrants . let then every honest freeborn subject of england , lay his hand upon his breast , and ask of his own conscience , whether notwithstanding all former oaths of allegiance , supremacy , protestation , solemn leagues and covenants , &c. he can voluntarily submit to , and thereby freely acknowledge , contrary to his former knowledge and the said oath , &c. . that there may be , and now is a lawfully-assembled parliament of england actually in being , legally continuing after the late kings death , or lawfully re-assembled without king , lords , or most of their fellow-members , consisting onely of a few late members of the commons house . . that this parliament re-established by a military force ▪ and packed together by power of an army combining with them , hath just and lawful authority , and had it before ; . to arraign , condemn and execute their lawful king himself , with the peers and commons of this realm . . to dis-inherit the kings posterity of the crown . . to extirpate monarchy , and the whole house of peers . . to violate the priviledges , rights , freedoms , customs , and alter the constitution of parliaments themselves ; to change and subvert the ancient government , seals , laws , writs , courts and coyn of the kingdom . . to sell and dispose of all the lands , revenues , jewels , goods of the crown , with the lands of deans and chapters , for their own advantages , not for the easing of the people from taxes . . to dispose of the forts , ships , forces , offices of honour , power , trust or profit , to whom they please . . to raise and keep up what forces by land or sea they please , and impose taxes , &c. to make what new acts , laws , and reverse what old ones they think meet . . to absolve themselves ( by more then a papal power ) and all the subjects of this land , from all the aforesaid oaths , engagements , protestations , &c. . to permit , settle , or invent what sect , heresie , or religion they please , provided they be not papacy or prelacy , and that they allow not blasphemy against the trinity . . i ask now if every freeborn subject that hath not raised himself an interest by villany , or an estate by robbery , or incurred a guilt to the gallows for having his hand in blood , had not better venture life and fortunes to reduce the true and lawful heir into a peaceful possession of his right , then to authorize by his consent a new-fangled government compacted of treason , usurpation , tyranny , theft and murder ? finis . notes, typically marginal, from the original text notes for div a e- tacit. cicero . de civit . dei . pour enclouer le canon. harrington, james, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing h thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) pour enclouer le canon. harrington, james, - . p. printed for henry fletcher, [london : ] signed: j. harrington. caption title. imprint from colophon. annotation on thomason copy: "may d ". reproduction of the original in the british library. eng republics -- early works to . great britain -- politics and government -- early works to . a r (thomason e _ ). civilwar no pour enclouer le canon.: harrington, james a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - angela berkley sampled and proofread - angela berkley text and markup reviewed and edited - pfs batch review (qc) and xml conversion pour enclouer le canon . it is obvious and apparent unto sense , that venice , holland , switz , are not molested with civil war , strife or sedition , like germany , france , spain and england ; yet will men have a commonwealth to be a confusion . what confusions we have had in england ; while the norman line strove for absolute power , while the barons strove for ancient liberty , while the houses of york and lancaster strove for royal dignity ; and last of all , during these eighteen years , in the wars that have been between the king and the people , in the difference of judgment both concerning religion and government , and under the perfidious yoke of the late tyranny , is known . at the apparition , or but name of a commonwealth , and before any such orders are introduced , or perhaps truly understood , all men , or the most of them , are upon a suddain agreed that there be a good and perfect fixation of the army unto the old cause ; and that the remnant of the long parliament be assembled : so we have this for a tast or relish of a commonwealth , that of the eighteen , the present year is already the most unanimous . nor can this be attributed unto chance ; seeing the wit of man , our case considered , could not , i think , have invented a more natural and necessary way of launching into the orders of a commonwealth , then first by fixation of the army so , as no council ensuing may have any ambitious party on which to set up : and then to assemble that council which hath given testimony of it self , to have been the most popularly addicted . by these it is no less then demonstrated , that the army is faithful , and the people ( for the most active part of them , which in like cases cometh to more then all the rest ) is wise . be it granted , that the far greater part of them ( libertatis dulcedine nondum experta ) would force us unto the continuation of monarchy , if they could ; this is the old temper of a people in like cases : thus the romans , upon the death of romulus , forced the senate , who would have introduced a commonwealth , to elect numa with the succeeding kings ; and could not be brought unto the abolition of monarchy , till it was imposed upon them by brutus to abjure it . neverthelesse , this people having once tasted of liberty , were of all others the most constant assertors of the same . it causeth with the best politicians despair , and , as it were , a kinde of tearing themselves , that the people , even where monarchy is apparently unpracticable , and they have no way but a commonwealth or confusion , hold their ancient laws and customs unalterable , and persecute such as advise the necessary change of them , how plainly soever demonstrated , as authors of innovation , with hatred , if not in tumult and with violence , as when lycurgus in a like assault lost one of his eyes . here is the discouragement ; the many through diversity , of opinions , want of reach into the principles of government , and unacquaintance with the good thar may by this means be acquired , are never to be agreed in the introduction of a new form : but then there is also this consolation , that the many upon introduction of a new form , coming once to feel the good , and taste the sweet of it , will never agree to abandon it . this is all the comfort that politicians , in like cases , have been able to give themselves upon consideration of the nature of the people in general . but if we consider the nature of the people of england , i am much deceived , or the consolation of knowing men , and good patriots , may yet be far greater . for though the people of england may be twenty to one for monarchy , they are but deceived by the name , seeing they having of late years been more arbitrarily governed then formerly , desire no more under this name , in the truth of their meaning , then not to be at the will of men , but return unto the government of laws ; for the late monarchy being rightly considered , was indeed no more then an unequal commonwealth ; onely here is the fault of all unequal commonwealths : they pretend to be governments of laws , and at the same time defer unto some one , or few men , such power , prerogative and preheminence , as may invade and opporess laws ; which fault was the cause of perpetual feud , or at least jealousie between our kings and our parliaments . but there is in relation unto the people of england , yet a greater encouragement unto commonwealths-men : for though if we look upon the true cause of popular government , the balance hath been many years in turning , yet since it came to be so perceivable as to cause any mention of a commonwealth , it is but a short time . should we go so far as to compute it from the beginning of the late war , it exceedeth not eighteen years , in which the eyes and affections of the people are so wonderfully opened and extended , that i do not think there are fewer then fifty thousand of the more active and knowing , that drive vigorously at a commonwealth ; while the rest are not only calm and passive , but mature for any good impression without danger , or indeed appearance of any war or tumult that can ensue upon the introduction of a new form : nor is there the least improbability that an equal commonwealth may be received with embraces , seeing a tyranny came not only in , but was supported without blood . but if people for the extent of their territory , and for their bulk or number so great as this of england , should fall ( to take a larger compass then i hope we shall need ) within the space of thirty years , out of monarchy , to which they have ever been accustomed , into a commonwealth of which they have had no experience nor knowledge , and that ( except in the ruine of monarchy , which how infirm soever , useth not to expire otherwise ) without rapine , war , or indeed without any great confusion , i doubt whether the world can afford another example of the like natural , easie and suddain transition of one government into another . yet ere two parts in three of this time be expired , men can be despairing . in what ( say they ) have you shewn us that we must necessarily be a commonwealth ? why in this , ( say i ) that you cannot shew me how we should be any thing else . in what posture ( say they ) do we see the people to give us this hope ? vvhy in the very best ( say i ) that in this state of affairs a people ( if you consider their humour or nature ) could have cast themselves into . this posture to return is thus , or at least thus i take it to be : the armies of this nation by restitution of their old officers , are fixed , resolved upon , and encouraged by the most active part of the people towards the prosecution of the old cause , or introduction of a popular form : the framing of this form is modestly and dutifully defer'd by them unto the civil power in the restitution of the long parliament , in that remnant of the same which declared for , and obliged themselves unto this end . now putting this to be the case , i come to the scope of this paper , which is to discourse upon this posture ; in which to my understanding , there are but three things that can interpose between us and a commonwealth , and but two more that can interpose between us and an equal commonwealth , the things that may interpose between us and a common-wealth , are such monarchy , as can no otherwise get up then by sorraign invasion ; or tyranny , which at the strongest among us was not of any duration , and which changing hands must still be weaker : of these two , they being onely possible , and no whit probable , i shall say no more . but the third thing which can interpose between us and a commonwealth is oligarchy , which in like cases hath been more probable and incidental , then i conceive it to be at the present : such a thing if it be introduced among us , is most likely to be of this form . it may consist of a council not elected by the people , but obtruded upon us , under the notion of a senate or a balance , or of religion ; and it may be for life , or for some certain or pretended term , with a duke or princely president at the head of it , or without one . the power at which such a council doth naturally drive , is to call parliaments , and to govern in the intervals : but the success of such a council , will be , that if in calling parliaments , it do not pack them , it will be forthwith ruined ; and if it do pack them , then the case of such a councel and a parliament will be no otherwise different from the case of a single person and a parliament , then that more masters less able to support their greatness , & whose greatness we shall be less able to support , will be a burden by so much more heavy , then one master more able to support his greatness , and whose greatness we were more able to support . but this will either not be , or be of no continuance . the things that can interpose between us and an equal commonwealth , are either a senate for life , or an optimacy . the seventy elders in israel , were a senate for life ; this though constitutively elected by the people , became after the captivity , or in the jewish commonwealth ( how anciently is uncertain ) meer oligarchy , by the means of ordination ; no man being capable of magistracy except he were a presbyter , no man being made a presbyter but by laying on of hands , and the prince with the senate engrossing the whole power of laying on of hands . nor were the people thus excluded , and trampled upon by the pharisees under other colour then that of religion , or tradition derived in their oral law or cabala from moses , in whose chair they sat , and not only pretended their government to be a government of saints , but in some things bade fairer for that title then others , who assumed it afterwards : for that they did miracles , is plain in these words of our saviour , unto them : if i by beelzebub cast out devils , by whom do your children cast them out ? therefore they shall be your judges , mat. . . by which i may believe that miracles themselves do not in any wise oblige us to hope that such a state of government can be religious or honest : much less , where there are no miracles , nor any such certain distinction to be outwardly made between a saint and an hypocrite , as may secure us that we shall not have hypocrites imposed upon us for saints . the surest testimony of saintship in rulers , is , when they are willing to admit of such orders in government , as restrain the power to do wickedly , or of lording it over their brethren . upon the pattern of the high-priest , and the seventy elders , arose the government of the pope and his seventy cardinals , pretending also unto saintship ; which nevertheless is as little yeelded unto them , as they assume that a councel of seventy for life , is a good guard of the liberty of conscience . the next senate for life , was that of lacedemon , consisting of two kings hereditary , and twenty eight senators elective . these notwithstanding they were not eligible but by the people , and at the sixtieth year of their age , and by the balance or equal agrarian of their commonwealth , could not any one of them excel the meanest citizen in their lot , or shares in land ; so vigorously attempted to draw the whole result of the commonwealth unto themselves , that if the people had not striven as vigorously for the preservation of their right , they had been excluded from making their own laws . the expedient found out by the people in this exigent , was their election of five annual magistrates out of their own number , called the ephori , with power to try , condemn and execute any of their kings or senators which thenceforth should go about to subvert the fundamental laws of their government , by which it belonged unto the senate to debate and propose only , and unto the assembly of the people to resolve . without this expedient ( which in another commonwealth not planted upon a like agrarian , would have availed little , as the roman people found afterwards by their tribunes ) had the people of lacedemon through a senate for life been deprived of their liberties . the roman commonwealth was also founded upon a senate for life ; which though first instituted by election of the people , came afterwards to be such into which their children found other admittance , in such manner as from hence grew a patrician order , ingrossing not only the senate , and excluding the people from bearing magistracy in the common-wealth , but oppressing them also by an heavy yoke of tyranny , which caused perpetual fewd between this senate and the people , and in the end the ruine of the commonwealth . yet entitled this nobility themselves unto these prerogatives , no otherwise then by such religious rites , as among them were believed to confer saintship , and thereby to intitle them unto dominion over the people , in which they were also aided by the optimacy . now examples of a senate for life being of like nature and necessary consequence , it is my hope and prayer , that never any such be introduced in england . but in case of an optimacy , a commonwealth , though not admitting of a senate for life , may yet be unequal . athens consisted of a senate upon annual rotation ; yet through the optimacy which was instituted by solon , came under such a yoke of the nobility , and upon victory obtained in the battel of plataea , they took the opportunity to throw off , and reduce the commonwealth unto more equality . an optimacy is introduced , where a people is not onely divided by tribes according to their habitation ; but every tribe into classes , according unto their estates or different measures in riches ; as if you should cast all that have above two thousand pounds a year into one classis ; all that have above one thousand pounds a year , into another ; all that have above five hundred , into a third ; and so forth , for as many classes as you like to make . now if in this case the first and second classes may give the sussrage of the whole people , as in rome ; or that these only may enjoy the senate , and all the magistracies , though but upon rotation , as in athens ; yet the people , as to these parts being excluded , the commonwealth must needs remain unequal : wherefore this also ought to be forewarned , to the end that it may be prevented . to conclude , if we in england can have any monarchy , we shall have no commonwealth ; but if we can have no monarchy , then bar but a senate for life , and an optimacy , and we must have an equal commonwealth . successive parliaments , whether immediately , or with councels in the intervals , and like fancies , will be as void of effect , as of example , or reason . but an abundance of things is tedious ; we would have such a commonwealth as may be dictated in a breath . thus then : let a senate be constituted of three hundred , and a popular assembly of one thousand and fifty , each for the term of three years , and to be annually changed in one third part . but in case a commonwealth were thus briefly dictated , what would this abate of those many things which must of necessity go unto a like structure , that it may be equally and methodically brought up from a firm and proper foundation ? there is no way of dictating a commonwealth unto facile practice , but by the seeming difficulty of the whole circumstances requisite , even to a tittle . nevertheless to try again : let the lands throughout england be all cast into some parish . let every parish elect annually a fifth man ; let every hundred of these fifth men , with the places of their habitation , constitute one hundred ; then cast twenty of these hundreds into one tribe or shire . putting the case the tribes or shires thus stated amount unto fifty , let the fifth men or deputies in every tribe or shire , elect annually two out of their own number , to be senators for three years , and seven to be of the assembly of the people for a like term , each term obliging unto an equal interval : which the senate being for the first year constituted of three hundred , and the assembly of the people of one thousand and fifty , gives you those bodies upon a triennial rotation , and in them the main orders of an equal commonwealth . if you must have a commonwealth , and you will have an equal commonwealth , then ( pardon my boldness ) after this or some like manner must you do , because like work never was , nor can be done any otherwise . may . . j. harrington . london , printed for henry fletcher . . notes, typically marginal, from the original text notes for div a e- see m. b. c. . the parliament dissolv'd at oxford, march . . from devonshire. flatman, thomas, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). b wing p a estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. b ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the parliament dissolv'd at oxford, march . . from devonshire. flatman, thomas, - . sheet ([ ] p.) [s.n.], edinburgh : re-printed in the year . in verse. caption title. imprint from colophon. attributed to heraclitus ridens [i.e. thomas flatman]. reproduction of the original in the national library of scotland. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- parliament -- poetry. great britain -- politics and government -- - -- poetry. broadsides -- scotland -- th century. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion the parliament dissolv'd at oxford , march . . from devonshire . under kings three kingdoms grone : go f. dissolve them , charles is in the throne , and by the grace of god will reign alone . what would the commons have ? the royal line heaven does dispose of ; t is not theirs , nor mine , but his by whom kings rule , and are divine . i represent the king of kings who gave , the crown , the sword , the scepter ; what i have ; i am god's servant , not the peoples slave . their frantick votes , and mad resolves i hate : i know a better way to heal a state , than to sin rashly , and repent too late . bid them be gone f. they are damn'd uncivil , to oblidge me to follow them to th'divil , to save three kingdoms i will not do evil . the presbyterian's sick of too much freedom , are ripe for bethle'm ; it 's high time to bleed'em ; the second charles does neither fear nor need 'em . i 'le have the vvorld know that i can dissipate those impolitick mushrooms of our state ; t is easier to dissolve then to create . they shan't cramp justice with their feigned flaws ; for since i govern only by the laws ; why they should be exempt , i see no cause . to the laws they must submit ; 't is in vain e're to attempt to shake off those again : for where charles commands , there must justice reign . when the peoples father does espouse the law , all those who subjects from their duty draw , do viper-like , through parents bosom gnaw . when they attend me next , f. bid them bring calmer thoughts : bid them propose legal things : such as may both become themselves , and kings . this will the joyes of our little world compleat , and all attempts of foreign foes defeat : making the people happy , monarch great . edinburgh , re-printed in the year . finis . severall letters from scotland relating to the proceedings of the army there read in parliament the sixth day of september, one thousand six hundred and fifty. cromwell, oliver, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing c ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing c estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) severall letters from scotland relating to the proceedings of the army there read in parliament the sixth day of september, one thousand six hundred and fifty. cromwell, oliver, - . g. d. c. f. [ ], p. for robert ibbitson ..., printed at london : . imprimatur, hen. scobell cleric. parliamenti." reproduction of the original in the harvard university library. eng great britain -- history -- commonwealth and protectorate, - . great britain -- politics and government -- - . a r (wing c ). civilwar no severall letters from scotland relating to the proceedings of the army there read in parliament the sixth day of september, one thousand six cromwell, oliver b the rate of defects per , words puts this text in the b category of texts with fewer than defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - celeste ng sampled and proofread - celeste ng text and markup reviewed and edited - pfs batch review (qc) and xml conversion severall letters from scotland relating the proceedings of the army there read in parliament the sixth day of september , one thousand six hundred and fifty . imprimatur , hen. scobell cleric . parliamenti . printed at london for robert ibbitson dwelling in smithfield neer hosier lane , a letter from the lord generall to a member of the councell of state . sir , since my last , we seeing the enemy not willing to engage , and yet very apt to take exceptions against speeches of that kind , spoken in our army , which occasioned some of them to come to parley with our officers to let them know that they would fight us , they lying still in , or neer their fastnesse , on the west side of edenburgh . we resolved ( the lord assisting ) to draw neer to them once more , to try if we could fight them , and indeed , one houres advantage gained , might probably ( we think ) have given us an opportunity , to which purpose , upon tuesday the instant , we marched westward of edenburgh towards sterling , which the enemy perceiving , marched with as great expedition as was possible to prevent us , and the vantguards of both the armies came to skirmish upon a place , where bogges and passes made the accesse of each army to the other difficult . we being ignorant of the place drew up , hoping to have engaged , but found no way feazeable by reason of the bogs and other difficulties . we drew up our cannon , and did that day discharge two or three hundred great shot upon them , a considerable number they likewise returned to us , and this was all that passed from each to other , wherein we had neere twenty killed and wounded , but not one commissioned officer , the enemy as we are informed had about four-score kild and some considerable officers . seeing they would keep their ground , from which we could not remove them , and our bread being spent , we were necessitated to go for a new supply , and so marched off about ten or eleven a clock on wednesday morning . the enemy perceiving it , and as we conceive , fearing we might interpose between them and edenburgh , though it was not our intention , albeit it seemed so by our march , retreated back again with all haste , having a bogge and passes between them and us . there being no considerable action , saving the skirmishing of the van of our horse with theirs , neere to edenburgh , without any losse to either part considerable , saving that we got two or three of their horses . that night we quartered within a mile of edenburgh , and of the enemy . it was a most tempestuous night and wet morning , the enemy marched in the night between leith and edenburgh , to interpose between us and our victuall , they knowing that it was spent ( but the lord in mercy prevented it ) which we perceiving in the morning , got time enough , through the goodnesse of the lord , to the sea side to revictuall ; the enemy being drawn up upon the hill neer arthurs seat , looking upon us , but not attempting any thing . and thus you have an account of the present occurrences . muscleborough . august . your most humble servant , o. cromwell . a letter from a collonell of the army , to a member of the councell of state . deare sir , since my last , we have againe twice attempted to ingage the scots army . upon tuesday last , we marched with an endeavour to interpose betwixt edenburgh and sterling , and by that necessitate the enemy to fight , and accordingly wee advanced , with our whole army , but they being in view of us , ( only a river parting ) discerned by our march what we designed , and so hastened their march , untill they came to a passe neare us ; and drew up in ba●talia , we did the like , all being confident we should within a quarter of an houre have an ingagement , and as we judged could not be prevented , the ground appearing equally good on both sides . the word given out was [ rise lord ] the body of foote advancing within lesse then twice musket shot , and then was discovered such a bog on both our wings of horse that it was impossible to passe over . thus by this very unexpected hand of providence were we prevented , and only had liberty to play with our cannon that evening and part of the next morning which did good execution , as wee beleive , upon them , we had very strange and remarkeable deliverances from theirs , though they played very hard upon us , and that with much art , but the lord suffered them not to do us much hurt , we had not slaine and wounded above five and twenty men . we finding it not possible to ingage them , and far from our provisions , divers of our men having cast away their bisket , with their tents out of a considence they should then fight : we therefore resolved upon our march back to the sea side , the enemy likewise hastened towards edenburgh , we did beleeve their design was to gain a passe or two , and so interpose betwixt us and our provisions , which they might easily have done being before us , but the lord gave them not courage to do it , we found them drawne up near edenburgh by arthurs hill , and not at ●ll interrupted our march , but not long after we got over the passe . they instead of offering to advance upon us , retreated behind one of their garisons , and so marched on that side of the passe , wee came over up towards those hills we left . so we finding an impossibility in our forcing them to fight , the passes being so many and great , that as soone as we get on one side , they go over on the other , that the councel yesterday was very unanimous on this , that it was to no purpose further to march after them , but inclined generally to fall upon garisoning of dunbarre , and other considerable places nearer tweed , and after one garison compleated ( if we have no better complyance ) proceed to some more severe course then hath bin yet taken . i know many among you will thinke it strange we have done no more against them : i wish they may eye the lord , and not man . we have this satisfaction , there is no meanes left unattempted by us : we have done our utmost , and the lord therein gives us comfort , besides many remarkeable testimonies of his presence . of late we have understood those who have the name of honesty among them , begin to be better satisfied , and more desirous of an agreement . they are not so of a peece as they were , but their disaffection about the king , and other divisions increase : they see themselves in a snare , and would gladly many of them get out , we are assured their honest men will not long hold in with them . the lord i doubt not but one way or other will very eminently appear with us , is the prayer of your affectionate humble servant . muscleborough aug. . c. f , another letter from the army . sir , having taken redhall monday the instant , wee advanced from penckland hills , about two miles to the water of leith , and the next day we marched on , resolving ( if possible ) to ingage the enemy , who were drawne up that morning in battalia , as if they intended to have stood us ; but as they observed us wheeling to the westward , to come upon them , they remooved from their ground , and gained a passe , where there was a boggy ground of each side . our men were drawn on with all possible speed , not knowing the ground to bee such , and were in a short time set in order . never more resolution and willingnesse knowne to have engaged an enemy then was in our men at that time ; but when we should have fallen on , neither wing was able to come at them , and then we perceived that , notwithstanding all their bravadoes the day before by sir jo. browne , by whom they sent us word they were resolved to give us a faire meeting ; yet their haste towards us was not to engage us , but to stop us from comming at them . wee stood in battalia that afternoone , and next morning : the cannons playing hotly on both sides , and though we were much the fairer mark , standing upon the pitch of a rising ground , yet it pleased god our losse was much the lesse , we had onely about foure that dyed upon the place , and about . or . wounded ; and of the enemy about . wounded and killed , one col. mennes and a captain , and a lieutenant of horse , and an ensigne killed of theirs . we have lost since our comming into scotland , by the enemy , onely one commission officer , viz. col. lilburnes cornet , who was killed at the charge at muscleborough . there was severall strange shot , one was at major hobsons troopes , which was drawne close together to prayer , and just as the amen was said , there came in a great shot among them , and touched neither horse nor man . the next morning having but two daies provision left , and seeing we could not in that place engage them , we drew back to our old quarters on penckland hills , and the enemy drew between edenburgh and leith , as if they would that night have attempted our garisons on the east side of edenburgh , and have interposed between us and our bread & cheese . the instant we marched to the eastward of edenburgh , and seeing the enemy drawn up from arthurs hill to the sea side , we possessed our selves of the next ground to them , within canon shot , resolving there to have endevoured to engage them , but they very gallantly drew away between arthurs hill and cragmiller a garison of theirs . our canons some of them reaching them , and doing as we understand , notable execution upon them . thus from time to time they avoyded fighting , neither is it possible , as long as they are thus minded , to ingage them ; so that to follow them up & down is but to loose time and weaken our selves , methinks this people deale with my lord , as did the irish army ; so that as his work was to take in garisons , ours , it s humbly conceived , wil be to make a considerable garison or two , & spoiling what of their country we canot get under our power . i suppose you wil have a full account hereof . this day we march . i think if ever there was an unworthy jugling , which the lord will witnesse against , it s among those , with whom we have to do . straughan at a conference since my last , being asked seriously by one what he thought of their king , and whether he conceived him any whit the better , since his signing the late declaration , replied , that he thought him as wicked as ever , and designing both their and our destruction , and that of the two , he thought his hatred towards them was the more implacable . your honors humble servant . g. d. muscleborough aug. . finis . the case of thomas bushell, esq; bushell, thomas, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing b ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing b estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the case of thomas bushell, esq; bushell, thomas, - . england and wales. parliament. sheet ([ ] p.). s.n., [london : ?] publication information suggested by wing. imperfect: bleed-through from ms. on verso. reproduction of original in the bodleian library. eng bushell, thomas, - . debt, imprisonment for -- england -- early works to . mines and mineral resources -- england. great britain -- politics and government -- - . broadsides -- england -- th century. a r (wing b ). civilwar no the case of thomas bushell e[sq;] bushell, thomas f the rate of defects per , words puts this text in the f category of texts with or more defects per , words. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - megan marion sampled and proofread - megan marion text and markup reviewed and edited - pfs batch review (qc) and xml conversion the case of thomas bushell esq master bushell , according to his obligations of duty and particular ingagement , to put in practice his master the lord chancellor bacons conceptions , concerning minerals and minerals discoveries , made his first adventure in wales , where his experience verified his masters theory , and his success answering his expectation , he ( according to the advice of his lord , from whose deep foresight in future events he had received that command , and urged by the inconveniences which attended his taking up money in london , and returning it thence to pay his workmen , and the charge of returning it back to london ) contracted with his late majesty , that in care he should find any quantity of silver in cutting , through the five mountains nominated to mr. bushell by the lord bacon , he should have a mint to coyn it , which mr. bushell did , had his mint established , and coyned considerable summes weekly . but the wars in england survening , his majesties commands called him from those mines ( which yielded him above l. per an. and relieved many hundreds of poor people , that were imployed in those works ) to attend his majesties more immediate service ▪ how his comportment ●●erein answered the trust reposed in him by his majesty , his majesties attesta●ion under his royal hand and seal will sufficiently evidence : although there are many other services performed by him , both to the king and queen which are not mentioned therein . his majesty , in consideratien of his loyalty , and the vast debts he daily contracted for his service , was pleas'd ( with the advice of his council ) to grant him unde● the great seal , the customs of lead for ● , years at the yearly rent of l. but the parliaments victory over his majesties forces soon defeated him of the possession of them ; as the wars before had outed him of the silk-office , which was erected upon the complaint of the s●●k weavers , to prevent the false dying of silk ; all silk , both before and after it was dyed , being to be brought to the said office , and d , per pound by their voluntary offer to be payed for it , one two pence whereof was to be divided between mr. bushell and mr. carleton , to support the great charge of the said office ●nd the remaining d ▪ was reserved for his majesty , who finding of what importance the mines would be , both to his majesty and kingdoms , if the rich veins in other mount●●ns were pursued like those in wales , was pleased to allow mr. bushell the disposing of the said d. upon such mineral works , as the lord bacon had designed for tryal , he giving a just account of his receipts and disbursements to the lord warden of the stanneries , and the lord mayor of london for the time being , but the wars intervening , deprived him of the benefit of both : nor since his majesties happy restauration can he be admitted to eit●er , although the one be assigned by him , for the payment of his debts to widows and orphans , and contracted for his majesties servi●● and the other for a general good to take off the taxes of the people , if providence adde a blessing to his endeavours . his majesty was pleas'd to intrust him with the command of lundy island , where he received ●●eral summons from divers of the parliament officers , but still refused to yield it without his majesties royal consem by word of mouth at caussam , ( whither mr. bushell had a safe conduct from sir thoma● fairfax ) although formerly invited to it by his majesties letter , and then he gave it up to sir thomas fairfax , ( who was the parliaments general ) and the lord say , ( who was the proprieto● of the island ) upon articles , which being formerly violated , and he contrary to the teno● of them arreste● , he put in bail , and his bail being afterwards prosecuted by one snellock , the said snellock was commited for his contempt , the articles con●●med by an ordniance of the lords ●nd commons in parliament in the year . although he could never be restored to his estate , according to the intent of them . the several revolutions there distracted kingdoms suffered afterwards , still deprived mr bushell of the justice he ought to expect as his due ; so that he resumed his mineral profession , and coming about three years since to london , to settle some business in order to his proceedings in mineral discoveries , notwithstanding he was still injuriously debar●ed of his estate , he was ( contrary to his articles ) arrested , dangerou●ly wounded , and committed a clo●● prisoner to newgate , under which restraint he lay ever since , until upon his petition to the lords the last parliament , he was relieved by their order to attend thei● lordships de die in diem . but no sooner was the parliament adjourned , but one crofts , edney , and ogden an attorney slighting and openly in disdainful language ●●lifying and despising the said order , sued the sheriffs for an escape , whereupon he was again clapt up a close prisoner in the same new-gate : but upon his petition to the lords at their reassembling , their lo●dships were pleas'd to order the commitment of those creditors , but the sudden dissolution of that parliament frustrated mr. bushell of the benefit of the said order . the same creditors at whose suit he is now a prisoner , did in cromwels time subscribe to take five in the hundred ; nor do they aim now so much at the satisfaction of their debt , as to serve the avarice of others , ( with whom they are combined ) who have intruded into mr. bushells estate , and now seek by this oppression to deprive him of all means to recover his rights , which they have wrested out of his hands : one jones having now a mine of mr. bushells , which he hath kept from him many years , worth l. per an. and that for nothing almost . nor is the debt to crofts so just as is pretended , being for commanders and souldiers clothes , in which the said mr. bushell was cheated with copper instead of silver lace . mr. bushell humby conceives hereupon , that the relief their lordships shall afford him will be a high justice to their late and present majesties , their lordships own honour , and the whole nation in general . for if a person that hath done their majesties such signal services shall have no other monument then a loathsome gaole , it cannot but cast an unhandsome reflection on their majesties : what his services to his late majesty were , and what his majesties resentment of them was , does appear by his royall attestation . for his service to his present majesty , he humbly refers himself to his royal breast ; only this he must take the boldness to say , that by the intelligence which at a dear rate he purchased , and gave his majesty of a design laid by cromwell and his cursed fraternity , to destroy both his majesty and the duke of york , he was one of the principall instruments of the happiness , these kingdoms now injoy in their restored prince . what a justice it will be to their lordships own honours , will be no hard matter to conjecture : for , if articles made by their general , and confirmed by the parliament , and orders in pursuance of them be so easily violable ; a great diminution and contempt both of their honour and authority will necessarily follow , especially in such a case as this : for mr. bushell could not be so stupidly insensible of his own ingagements , as to have adventured himself among so many creditors , but that he conceived himself secured by the honour of a parliament , which he had received in hostage for the performance of his articles . what a justice it will be to the nation in general , may be concluded from his constant indeavours ( which have not been without eminent success ) to promote the honour and profit of it , inriching it by discovering its subterranean treasure , and imploying many poor people who are now ready to starve for want of him : nor are the mines in a better condition , those that have injuriously extorted them out of his hands , not knowing how to work them ; so that they now lie useless and unprofitable , being buryed in their own ruines ; and that he is able to restore them may be easily credited from his first reducing them from a ruder chaos to such a perfection , as that of the silver extracted out of lead , he coyned a l. a week . nor have the eclipses he has suffered in his fortunes ( to a total deprivation of them ) had any influence on his industry , which has still continued indefatigable . witness the recovery of a work at row-pits on mendyppe in the county of summerset , formerly deserted ( by reason of the abundance of water ) by sir bevis bulmar , which mr. bushell is so confident , that he will be content to forfeit all his grants both of the mines , mint , and customs of lead , and to suffer death as the greatest traytor and imposter , if in two years time he doth not out of that drowned work and other discoveries of his own , raise l. a week . provided he be secured by the parliament in the quiet injoyment of them , when he has been at the trouble and charge to drein the one , and discover the other . this work had been long since perfected , had not his arrest and imprisonment ( contrary to his articles , destroyed that little reputation he had left , and involved him in those misfortunes , which make him now an humble suitor for their lordships relief . and certainly it cannot but seem to my rational man to be very hard measure , a person that hath done and is still able to do such considerable services to the publick ( to which he ever was , and still is only devoted ) should be denyed a share in that happiness of which himself was so great an instrument , and which he dares say he is able by mineral discoveries , to advance more then any other subject within his majesties kidgdoms . mr. bushell having been proved by a part of his life , led for three years in an obscure hermitage , before he was allowed by his master the lord bacon to attempt the said mineral design . and after that , to preserve himself from utter ruine , he was forced in the late wars to indure a three years famine in lundy island , before he had those articles , whose confirmation he now humbly desires . as also three years banishment from the conversation or sight of his friends or any others at lambeth for service he had done his majesty ; to which retirement he was pursued by cromwels bloud-hounds , and others who had intruded into his estate . and after all this hath languished and groaned under a loathsome sepultu●e for three years more in newgate , contrary to the articles he had given him by the parliaments general , and confirmed by an ordinance of their own , as hath been said before . and if any shall seek to prejudice the reputation of the said mr. bushell , by objecting against him the multiplicity of his debts yet unsatisfied : it cannot be supposed by any rational man , but that a person ingaged in so expenceful a design as that of the mines must of necessity contract some debts , which had not his late majesties commands called him from those rich works his own industry had raised , or had he been restored to his estate as he ought by his articles , had , been long since discharged ; so that the non-payment of his debts contracted before the wars , those he was ingaged in for his majesties service during the wars , and those which for his necessary support , by reason of his being divested of all his estate he has been involved in since , must by any sober man be rather imputed to his misfortune , then any injustice in himself : especially , since the sole aim of all his indeavours ever was the service and advantage of the publick , according to the commands and directions of his dead master the lord bacon , without any the least reflection on his own particular interest . the learned and loyal abraham cowley's definition of a tyrant (published by the present lord bishop of rochester) in his discourse concerning the government of oliver cromwell. cowley, abraham, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing c a estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the learned and loyal abraham cowley's definition of a tyrant (published by the present lord bishop of rochester) in his discourse concerning the government of oliver cromwell. cowley, abraham, - . broadside. [s.n.], london printed : . "reprinted, with 'several queries...', as an attack on james ii."--nuc pre- imprints. reproduction of original in the harvard university library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng despotism. political science. great britain -- politics and government -- - . - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion the learned and loyal abraham cowley's definition of a tyrant , ( published by the present lord bishop of rochester ) in his discourse concerning the government of oliver cromwell . i call him a tyrant , who either intrudes himself forcibly into the government of his fellow-citizens , without any legal authority over them , or who , having a just title to the government of a people , abuses it to the destruction or tormenting of them : so that all tyrants are at the same time usurpers , either of the whole , or at least of a part of that power which they assume to themselves , and no less are they to be accounted rebels , since no man can usurp authority over others , but by rebelling against them who had it before , or at least against those laws which were his superiours . several queries proposed to the sages of the law , who have studied to advance the publick , equally with , if not more than their own private interest . q. i. whether the legislative power be in the king only , as in his politick capacity , or in the king , lords , and commons , in parliament assembled ? if in the latter , then q. ii. if the king grants a charter , and thereby great franchises and priviledges , and afterwards , the grantees obtain an act of parliament for the confirmation hereof , is this the grant of the king , or of the parliament ? if the latter , as it seems to be , because it is done by the whole , and every part of the legislative power , then q. iii. to whom can these grantees forfeit this charter ? and who shall take advantage of the forfeiture ? if the king , then an act of parliament may be destroyed without an act of parliament . if the parliament only can call them to an account , then q. iv. of what validity is a iudgment pronounced ( under a colour of law ) in b. r. against a charter granted by parliament ? if it be of any force , then the king's bench is superiour to the legislative power of the kingdom ; if not , then q. v. what reason can be assigned , why it is not as safe to act pursuant to an act of parliament , notwithstanding a iudgment entred in the king's bench , as it was to act against an act of parliament , before the iudgment was entered ? and then , q. vi. whether they that did the latter , were not right down knaves , and whether they that refuse to do the former , be not more nice than wise ? london : printed in the year . l.f. lord keeper his speech before the kings majesty and both houses in the high court of parliament. concerning his majesties reigne with the bishops, iudges, & peeres of the land. with the kings majesties speech, or charge to the speaker. finch of fordwich, john finch, baron, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing f c thomason e _ thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]; :e [ ]) l.f. lord keeper his speech before the kings majesty and both houses in the high court of parliament. concerning his majesties reigne with the bishops, iudges, & peeres of the land. with the kings majesties speech, or charge to the speaker. finch of fordwich, john finch, baron, - . england and wales. sovereign ( - : charles i) [ ] p. printed, and are to be sold by richard cotton, [london] : . place of publication from wing. "his majesties speech", on the final leaf, is identified as thomason e. [ ]. reproductiond of the original in the british library. eng great britain -- politics and government -- - -- sources -- early works to . a r (thomason e _ e _ ). civilwar no l.f. lord keeper his speech before the kings majesty and both houses in the high court of parliament.: concerning his majesties reigne with finch of fordwich, john finch, baron f the rate of defects per , words puts this text in the f category of texts with or more defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - elspeth healey sampled and proofread - elspeth healey text and markup reviewed and edited - pfs batch review (qc) and xml conversion 〈…〉 himselfe in other parliaments did , or have any of his predecessors before him done . and therefore there remaines nothing now , but that you goe on with cheerfulnesse , you goe on with duty , you goe on with the expressions , that may rejoyce the heart of so gracious , so just , and so good a king ; and that may be more then showers in the drought , and heat of summer to refresh and cheere this kingdome , and all his majesties dominions , his maiesties speech . mr. speaker , i will o●ely say one word to you , now that you are the speaker , i command you to doe the office of a speaker ; which is faithfully to report the great cause of the meeting , that my lord keeper in my name , did represent unto you the last day , with this assurance , that you giving me your timely helpe , in this great affaire , i shall give a willing eare to all our just grievances . finis . three speeches of sir edward dearings, knight and baronet, in the commons house of parliament dering, edward, sir, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing d ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing d estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) three speeches of sir edward dearings, knight and baronet, in the commons house of parliament dering, edward, sir, - . p. printed for john stafford, london : . reproduction of original in the huntington library. eng church of england -- government. great britain -- politics and government -- - . a r (wing d ). civilwar no three speeches of sir edward dearings, knight and baronet in the commons house of parliament. the first concerning the freedome of mr. wilso dering, edward, sir a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion three speeches of sir edward dearings , knight and baronet in the commons house of parliament . the first concerning the freedome of mr. wilson , a minister in kent . the second at a grand committee of the whole house for religion . the third at a delivery of a petition out of kent , concerning the present government of the church . london , printed for iohn stafford , in chancerylane over against the roules . . a speech made by sir edward dearing knight and baronet , in the commons house of parliament concerning the freedome of master wilson , upon the tenth day of novemer , . mr. speaker , yesterday the affaires of this house did borrow all the time allotted to the great committee for religion . i am sorry that having but halfe a day in a whole weeke , wee have lost that . mr. speaker , it hath pleased god to put into the heart of his majestie ( for the kings heart is in the hand of the lord ) once more to assemble us into a senate , to consult upon the unhappy distractions , the sad dangers , & the much feared ruines of this last flourishing church and kingdome . god be praysed both for his goodnesse , and for his severity wherewith hee hath impelled this meeting ; and humble thankes unto his majestie whose parentall care of us his subjects , is willing to relieve us . the sufferances that wee have undergone are reducible to two heads . the first concerning the church : the second belonging to the commonwealth . the first of these must have the first fruits of this parliament , as being the first in write and worth , and more immediate to the honour of god and his glory , every dramme whereof is worth the whole weight of a kingdome . the common-wealth ( it is true ) is full of apparent dangers . the sword is come home unto us , and the two twinne-nations united together under one royall head , breathren together in the bowells and the bosome of the same island , and which is above all imbanded together with the same religion ( i say the same religion ) by a devillish machination , like to bee fatally imbread in each others blood , ready to digge each others grave quantillum abfuit ? for other grievances also , the poore disheartned subject , sadly groanes , not able to distinguish betwixt power and law . and with a weeping heart ( no question ) hath prayed for this hower , in hope to bee relieved , and to know hereafter , whether any thing hee hath , besides his poore part and portion of the common ayre he breathes , may be truely called his owne . these ( mr. speaker ) and many other doe deserve and must shortly have our deepe regard but suo gradu , not in the first place : there is a unum necessarium above all our worldly sufferances and dangers . religion the immediate service due unto the honour of almighty god . and herein let us all be confident , that all our consultations will prove unprosperous , if wee put any determination before that of religion . for my part , let the sword reach from the north to the south , and a generall perdition of all our remaining right and safety , threaten us in open view , it shall bee so farre from making me to decline the first setling of religion , that i shall ever argue , and rather conclude it thus . the more great , the more iminent our perills of this world are , the stronger and quicker ought our care to bee , for the glory of god and the pure law of our soules . if then ( mr. speaker ) it may passe with full allowance , that all our cares may give way unto the treaty of religion , i will reduce that also to bee considered under two heads : first of ecclesiasticke persons , then of ecclesiasticke causes . let no man start or bee affrighted at the im at the immagined length of this consultation , it will not , it cannot take up so much time as it is worth . — this it is god and the king , this is god and the kingdome , nay , this is god and the two kingdomes cause . and therefore ( mr. speaker ) my humble motion is , that wee may all of us seriously , speedily , and hartily enter upon this , the best , the greatest , the most important cause we can treat of . now ( mr. speaker ) in pursuite of my owne motion , and to make a little entrance into this great affayre , i will present unto you the petition of a poore oppessed minister in the county of kent : a man orthodox in his doctrine , conformable in his life , laborious in the ministery as any we have , or i doe know . he is now a sufferer ( as all good men are ) under the generall obliquity of a puritan , as with other things was excellently delivered by that silver trumpet at the barre . the pursivant watches his doore , and divides him and his cure asunder , to both their greifes : for it is not with him as ( perhaps ) with some that set the pursivant at worke , gladded of an excuse to bee out of their pulpit , it is his delight to preach . about a weeke since i went over to lambeth , to move that great bishop ( too great indeede ) to take this danger off from this minister , and to recall the pursivant . and withall i did undertake for master wilson ( for so your petitioner is called ) that he should answer in any his accusers , of the kings courts at westminster . the bishop made me answer ( as neare as i can remember ) in haec verba , i am sure that hee will not bee absent from his cure a twelvemoneth together , and then ( i doubt not ) but once in a yeare we shall have him . this was all i could obtaine , but i hope , ( by the helpe of this house ) before this yeare of threates runne round , his grace will either have more grace , or no grace at all . for our manifold griefes doe fill a mighty and a vast circumferance , yet so that from every part our lives of sorrow , doe leade unto him , and point at him the center , from , whence our miseries in this church , and many of them in the common wealth doe grow . let the petition bee read , and let us enter upon the worke . a speech at a grand committee of the whole house for religion . you have many private petitions , give mee leave ( by word of mouth ) to interpose one more generall , which thus you may receive . gods true religion is violently invaded by two seeming enimies : but indeede they are ( like herod and pilate ) fast friends for the destruction of truth . i meane the papists for one partie , and our prelating faction for the other . betweene these two in their severall progresse , i observe the concurrence of some few parallells , fit ( as i conceive ) to be represented to this honorable house . first with the papists , there is a severe inquisition : and with us ( as it is used ) there is a bitter high commission ; both these ( contra fas & jus ) are judges in their owne cause : yet herein their inquisitors are better then our high commissioners — they ( for ought i ever heard ) doe not ( saevire in suos ) punish for delinquents and offenders , such as professe and practice , according to the religion established by the lawes of the land where they live . but with us how many poore distressed ministers ? nay how many scores of them , in a few yeares past , have been suspended , degraded , deprived , excommunicated , not guilty of the breach of any our established lawes . the petitions of many are heere with us , more are comming : all their prayers are in haven for redresse . secondly , with the papist , there is a mysterious artifice i meane their index expurgatorius whereby they clippe the tongues of such witnesses , whose evidence they doe not like . — to this i parallell our late imprimatur's : licences for the presse : so handled that the truth is supprest , and popish pamphlets fly abroade cum privilegio : witnesse audatious and libelling pamphlets against true religion ; written by pocklington , heyling , dow , cosins , shelford , swan , reeves , yates , hausted , studley , sparow , brown , robertes , ironside , — many more : i name no bishops , but i adde , &c. nay they are already growne so bold in this new trade , that the most learned labours of our ancient and best divines , must be now corrected and defaced with a deleatur by a supercilious pen of my lords young chapline ; ( fit perhaps ) for the techincall arts , but unfit to hold the chaire for divinity . but herein the roman index is better then are our english licences : they thereby doe preserve the current of their owne established doctrines : a point of wisedome . but with us our innovators by this artifice doe altar our setled doctrines ; nay they doe subinduce points repugnant and contrariant . and this i dare assume upon my selfe to prove . one paralell more i have , and that is this . among the papists , there is one acknowledged supreme pope , supreme in honour , in order , and in power : from whose judgement there is no appeale . — i confesse ( m. speaker ) i cannot altogether match a pope with a pope : ( yet one of the ancient titles of our english primate was alterius orbis papa . ) but thus farre i can goe , ex ore suo . it is in print . — hee pleades faire for a patriarchtae : and for such an one , whose judgement , he ( before-hand ) professeth ought to bee finall : and then ( i am sure ) it ought to be un-erring . put these together and you shall finde that the finall determination of a patriarch will want very little of a pope — and then wee may say — mutato nomine de te fabula narratur — hee pleades popeship under the name of a patriarch . and i much feare least the end and toppe of his patriarchall plea may bee as that of cardinall pole ( his predecessor ) who would have two heads , one caput regale , another caput sacerdotale : a proud parallell , to set up the miter as high as the crowne . but herein i shall bee free and cleare , if one there must bee ( bee it a pope , bee it a patriach ; ) this i resolve upon for my owne choyce ( procul a iove procul a fulmine . ) i had rather serve one as farre off as tyber , then to have him come so neare me as the thames . a pope at rome will doe mee lesse hurt then a patriarch may doe at lambeth . i have done , and for this third parallell i submitt it to the wisedome and consideration of this grand committee for religion , in the meane time i doe ground my motion , upon the former two , and it is this in briefe . that you would please to select a subcommittee of a few , and to impower them for the discovery of the numbers of oppressed ministers under the bishops tyranny for these ten yeares last past . we have the complaint of some , but more are silent : some are patient and will not complaine , others are fearefull and dare not , many are beyond sea and cannot complaine . and in the second place , that the subcommittee may examine the printers what bookes by bad licences haue beene corruptly issued forth : and what good bookes have beene ( like good minsters ) silenced , clipped or cropped . the worke i conceive will not bee difficult , but will quickly returne into your hand full of weight . and this is my motion . a speech at the delivery of a petition out of kent , concerning the present government of the church . mr. speaker . yesterday we did regulate the most important businesse before us : and gave them motion , so that our great and weighty affaires , are now on their feete in their progresse , journing on towards their severall periods , where some i hope will shortly finde their latest home . yet among all these i observe one , a very maine one , to sleepe sine die : give mee leave to awaken it ; it is a businesse of an immense weight , and worth ; such as deserves our best care , and most severe circumspection . i meane the grand petition long since given in by many thousand citizens against the dominering clergy . wherein ( for my part ) although i cannot approve of all that is presented unto you , yet i doe clearely professe , that a great part of it , nay the greatest part thereof , is so well grounded , that my heart goes cheerefull along therewith . it seemes that my countrey ( for which i have the honour to serve ) is of the same minde , and least that you should thinke that all faults are included within the walles of troy , they will shew you iliacos intra muros peccatur & extra . the same greivances which the citty groanes under , are provinciall unto us , and i much feare they are nationall among us all . the pride , the avarice , the ambition and oppression , by our ruling clergy is epidemicall , it hath infected them all . there is not any , or scarce any of them , who is not practicall in their owne great cause in hand , which they impiously doe mis-call , the piety of the times , but in truth , so wrong a piety that i am bold to say , in facinus jurasse putes . — here in this petition is the disease represented , here is the cure intreated . the number of your petitioners is considerable , being above five and twenty hundred names , and would have beene foure times as many , if that were thought materiall . the matter in the petition is of high import : but your petitioners themselves are all of them quiet and silent at their owne houses , humbly expecting and praying the resolution of this great senate , upon these their earnest and thrice hearty desires . here is no noyse , no numbers at your doore : they will bee neither your trouble nor your jealousie ; for i doe not know of any one of them this day in the towne : so much they doe affie in the justice of their petition , & in the goodnesse of this house . if now you want any of them heere , to make avowance of their petition , i am their servant . i doe appeare for them and for my selfe , and am ready to avow this petition , in their names , and in my owne . nothing doubting , but fully confident , that i may justly say of the present usage of the hierarchy in the church of england , as once the pope ( pope adrian as i remember ) said of the clergy in his time : a vertice capitis and plantam pedis , nihil est sanum in toto ordine ecclesiastico . i beseech you reade the petition , regard us , and relieve us . finis . an act for contstituting commissioners for ordering and managing the affairs of the admiralty and navy. england and wales. parliament. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) an act for contstituting commissioners for ordering and managing the affairs of the admiralty and navy. england and wales. parliament. sheet ([ ] p.) printed by john field, printer to the parliament of england, london : . order to print dated: saturday the third of december, . signed: hen: scobell, clerk of the parliament. reproduction of the original in the british library. eng naval law -- england -- early works to . great britain -- politics and government -- - -- early works to . great britain -- history, naval -- th century -- early works to . a r (thomason .f. [ ]). civilwar no an act for contstituting commissioners for ordering and managing the affairs of the admiralty and navy. england and wales. parliament. a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion blazon or coat of arms an act for constituting commissioners for ordering and managing the affairs of the admiralty and navy . be it enacted by this present parliament , and it is hereby enacted , that general robert blake , general george monck , general john disbrow , general william pen , colonel philip jones , colonel john clerk , john stone esq edward horseman esq ; major william burton , vincent gookin esq ; lieutenant colonel thomas kelsey , or any three or more of them , shall be , and hereby are constituted and appointed commissioners for ordering , managing , directing and carrying on the affairs of the admiralty and navy of this commonwealth , and shall have , and hereby have committed unto them , all and every the powers specified in an act of this present parliament , entituled , an act for constituting commissioners for ordering and managing the affairs of the admiralty and navy ; and shall and may proceed therein , and execute the same , according to the several rules and limitations expressed in the said act ; and this act is to continue for the space of six moneths and no longer , from the third day of december , one thousand six hundred fifty and three . saturday the third of december , . ordered by the parliamsnt , that this act be forthwith printed and published . hen : scobell , clerk of the parliament . london , printed by john field , printer to the parliament of england . . the french king's new declaration, in favour of the troopers, dragoons and soldiers, that having deserted his majesties forces before the first of january last, shall come and list themselves again, and serve for six years successively. louis xiv, king of france, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). b wing l a estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. b ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the french king's new declaration, in favour of the troopers, dragoons and soldiers, that having deserted his majesties forces before the first of january last, shall come and list themselves again, and serve for six years successively. louis xiv, king of france, - . france. sovereign ( - : louis xiv). sheet ([ ] p.) printed for t.p., london, : . caption title. reproduction of original in: bodleian library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng james -- ii, -- king of england, - -- early works to . france -- foreign relations -- great britain -- early works to . great britain -- foreign relations -- france -- early works to . great britain -- politics and government -- - -- sources. broadsides -- england -- th century. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - john pas sampled and proofread - john pas text and markup reviewed and edited - pfs batch review (qc) and xml conversion the french king 's new declaration , in favour of the troopers , dragoons and soldiers , that having deserted his majesties forces before the first of january last , shall come and list themselves again , and serve for six years successively . the french king being extreamly alarm'd at the great and continual desertion of his troops ; and tho' the extream poverty of his country does force many to be soldiers , yet fearing want of men , since like rats they abandon the falling house , he has publish'd the following declaration , for the inviting them to return . his majesty being well inform'd that the amnesty which he had granted by his ordonnances of the twenty eighth of january , and of the ninth of april last , to the troopers , dragoons and soldiers , which having deserted his troops before the first day of the said month of january , should return and list themselves therein again , has occasion'd a vast number to return into his service ; and promising himself , that by proroguing still the time , which he had granted for the receiving the benefit of enjoying the said amnesty or pardon , such as are in far distant countries , and that have not been able to repair into the kingdom within the time prescribed , might avail themselves thereof and return into his service . his majesty has prorogued , and does prorogue , until the end of the present year , the term he had granted by his ordonnance of the ninth of april last , to the troopers , dragoons , and soldiers that deserted his troops before the first day of the said month of january last , for the listing themselves thereunder again . for which purpose it is his majesties will and pleasure , that such of the said troopers , dragoons , and soldiers , who having deserted his troops , as well french as forreigners , before the said first day of the month of january last , shall come and list themselves again before the first of january next , in the manner prescribed by the said ordonnance of the said twenty eighth day of january last , and shall then serve for six years successively , shall enjoy the pardon and amnesty granted in the said ordonnances ; and as fully and to all intents as if they had return'd into his troops by the terms mention'd by the same . his majesty willing and requiring , that in all other respects , the said ordonnances of the twenty eighth of january and ninth of april last , be executed according to their form and tenour . his majesty wills and commands the governours , and his lieutenant generals in his provinces and armies , intendants and commissaries appointed in the same ; particular governours of his cities and places ; bayliffs , seneschals , provosts , judges , and their lieutenants ; as also to the colonel of his light cavalry , colonel-general of his dragoons , colonels maitres de camp of his troops , as well of cavalry and dragoons , as of french infantry and foreigners , and to the commissaries of war , appointed for the conduct and policy of his troops , and at the residence of his places , to be assisting each within his district to the observation of the present ordonnance , which his majesty will have published at the head of the bodies and companies of the said troops , and affix'd upon the frontiers , and in all such places as occasion shall require , that so none may pretend cause of ignorance . given at versailles the d day of august , . sign'd lowis and lower , le tellier . licensed , august . . j. f. london , printed for richard baldwin near the black bull in the old-baily . . by the king, a proclamation for preventing of disorders in the night-time, in the garrison of oxford england and wales. sovereign ( - : charles i) this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing c ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing c estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) by the king, a proclamation for preventing of disorders in the night-time, in the garrison of oxford england and wales. sovereign ( - : charles i) charles i, king of england, - . broadside. by leonard lichfield ..., printed at oxford : [i.e. ] "given at our court at oxford, this third of february, in the one and twentieth yeare of our reigne. ." reproduction of original in the bodleian library. eng great britain -- history -- civil war, - . great britain -- politics and government -- - . a r (wing c ). civilwar no by the king, a proclamation for preventing of disorders in the night-time, in the garrison of oxford england and wales. sovereign c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion royal blazon or coat of arms c r honi soit qvi mal y pense by the king . ¶ a proclamation for preventing of disorders in the night-time , in the garrison of oxford . whereas we have been informed , that many and great disorders have been , and are frequently committed in this garrison of oxford both in the evenings , and in the night time . and the lords and commons of parliament here assembled at oxford have besought us , that by our immediate warrant and command , such disorders may for the future be prevented and supprest , and that all persons of what degree or quality soever they be , may be inhibited and restrained from committing the like hereafter . we have therefore thought fit to publish this our proclam●●●●● and do hereby straitly charge and command all heads of colledges and halls within this our university of oxford , and all inhabitants in houses opening into any street , lane , or place of common passage within this city and garrison of oxford , that every evening upon shutting in of day-light , and when the nights shall be dark , they cause lights to be hung up before their colledges , halls , and dwelling houses respectively , towards or into the streets , lanes , and common passages , to continue burning till the tap-too be beaten . and that no person or persons of any degree or quality soever , shall after the beating of the tap-too , stay or continue in any taverne , victualing-house or ale-house , or in any other house or place , where wine , ale , beere , or victuals shall be sold or retayled , unlesse it be such person or persons as are , or shall be lodged or quartered in any such house ; and farther , that no keeper of any taverne , victualing-house , or ale-house , shall permit or suffer any person or persons whatsoever , to continue eating or drinking in any such house , after the time aforesaid ; and if any person or persons being in any such house , shall after the time aforesaid refuse to goe or depart from thence : then the master or keeper of any such house , shall make the same knowne at the maine-guard , to the end , that by assistance from thence , such persons may be removed and carryed to the guard ; and in case he shall not crave such assistance , the master or keeper of the house , aswell as the persons so refusing to depart , shall be taken and carryed to the guards , and punished according to their demerits . and farther , we doe hereby charge and command all persons of what degree whatsoever , that after the beating of the tap-too , they repaire to , and keep within their lodgings , without noyse or disturbance in the streets . and we doe charge and require the governour of our said garrison oxford , that he cause these our orders and commands to be straitly and punctually observed , and to punish all such as shall offend or doe to the contrary , by putting them in guard or otherwise , as is used in garrison townes in time of warre , without any connivance or distinction of persons whatsoever . given at our court at oxford , this third of february , in the one and twentieth yeare of our reigne . . god save the king . printed at oxford , by leonard lichfield , printer to the universitie , . a letter from the lord general monck, and the officers here, to the several and respective regiments, and other forces in england, scotland and ireland. albemarle, george monck, duke of, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing a a thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) a letter from the lord general monck, and the officers here, to the several and respective regiments, and other forces in england, scotland and ireland. albemarle, george monck, duke of, - . england and wales. army. sheet ([ ] p.) printed by john macock, london : . signed: george monck [and others]. desiring the army's adherence to the plan of dissolving the rump and electing a free parliament. annotation on thomason copy: "feb: . ." reproductions of the originals in the harvard university library (early english books), and the british library (thomason tracts). eng england and wales. -- parliament -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no a letter from the lord general monck, and the officers here, to the several and respective regiments, and other forces in england, scotland albemarle, george monck, duke of a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - john pas sampled and proofread - john pas text and markup reviewed and edited - pfs batch review (qc) and xml conversion a letter from the lord general monck , and the officers here , to the several and respective regiments , and other forces in england , scotland and ireland . dear brethren and fellow-souldiers , you cannot be ignorant of the many endeavours , and earnest desires of many good men in these nations , to bring us to a settlement ; which it hath pleased god to dis-appoint unto this day , and leave us as a broken and divided people , ready to run into blood and confusion : which that we might prevent so great calamities impending , after our earnest seeking god for his direction and assistance , we finde no expedient so likely , for the satisfaction of the good people , and the quiet and welfare of this commonwealth , as the re-admission of the secluded members , in order to a legal dissolution on of this parliament by their own free consents ; and to issue writs for a future full representative of the whole commonwealth of england , scotland and ireland , under such qualifications as may secure our cause , to convene on the twentieth of april next at westminster , for the establishing of this commonwealth upon the foundations of justice and true freedom . and to take away all just jealousies from you , we do assure you , that we shall joyn with you in the maintenance of those ends expressed in the enclosed ; and do expect your cheerful concurrence with us : and we desire to take god to witness , that we have no intentions or purposes to return to our old bondage ; but since the providence of god hath made us free at the cost of so much blood , we hope we shall never be found so unfaithful to god and his people , as to lose so glorious a cause : but we do resolve with the assistance of god , to adhere to you in the continuing of our dear-purchased liberties , both spiritual and civil . the reason of our proceedings in this manner , may seem strange : but if you duely consider the necessities of our affairs , and the present state of things , you will certainly conclude nothing so safe to secure publick interest , and to engage the nations peaceably to submit to a free-state ; most of these members having given us full assurance , that their session in parliament shall not be longer than absolute necessity-will require , to the putting the government into successive parliaments ; they not being free so to act by the old writs , as when they shall be called upon a commonwealth-account ; and it 's the opinion of the truest friends to a free state , that it cannot be consistent with the perpetual sitting of these members , being contrary to the nature of such a government . and as we are confident the present parliament now sitting , will not repeal any of the acts , ordinances , or orders of this parliament , for sales , or publick disposition of lands ; so we shall in our station observe , and cause to be observed , all other acts and ordinances of this parliament whatsoever ; and humbly interpose with the next succeeding parliament , not onely to pass a farther act of confirmation of all such sales and dispositions of lands , here and in scotland , but also of all the distributions and dispositions of lands and houses in ireland , to the souldiery , adventurers , or any other persons , made by or in pursuance of any of the acts , ordinances , or orders of this present parliament , or any pretended parliamentary authority . and we entreat you to send up an officer , to give to the lord general monck an account of your acquiescence with us herein . and if any dis-affected persons shall hereby take occasion to make disturbance of the peace of the commonwealth , either in favour of charles stuart , or any other pretended authority , we desire you to secure them , till the pleasure of the parliament or council of state be known in that behalf . you shall speedily receive encouragement and supplies of monies : and indeed , it was not the least motive to induce us to this way of composure of affairs , that we might facilitate the raising of monies for the subsistence of the army and navy ; which would not otherwise have been done ( if at all ) but with effusion of blood . we have nothing more at this time , but to assure you that we shall ever remain , white-hall , feb. . . dear brethren and fellow-souldiers , your very affectionate friends . george monck . cols r. knight john clobery tho. read john hubblethorne leonard litcot tho. sanders william eyre rich. mosse william farley arthur evelin john streater . john butler . quarter-mr-gen . lieut. cols . ethelbert morgan james mutlow james emerson joseph witter dennis pepper . majs . james dennis rich. waggstaffe tho. johnson fra. nichols jer. smith nath. barton tho higgs john clark capts w. goodwin hen. ogle . london , printed by john macock . . physician cure thy self: or, an answer to a seditious pamphlet, entitled eye-salve for the english army, &c. vvritten and publish'd for the information and benefit of the souldjery; and to them directed. april . . l'estrange, roger, sir, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing l b thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) physician cure thy self: or, an answer to a seditious pamphlet, entitled eye-salve for the english army, &c. vvritten and publish'd for the information and benefit of the souldjery; and to them directed. april . . l'estrange, roger, sir, - . [ ], p. printed for h.b. at the gun in ivy-lane, london : . attributed to sir roger l'estrange. annotation on thomason copy: "april. ". reproduction of the original in the british library. eng england and wales. -- army -- early works to . eye-salve for the english armie. great britain -- politics and government -- - -- early works to . great britain -- history -- commonwealth and protectorate, - -- early works to . a r (thomason e _ ). civilwar no physician cure thy self: or, an answer to a seditious pamphlet, entitled eye-salve for the english army, &c.: vvritten and publish'd for th l'estrange, roger, sir c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion physician cure thy self : or , an answer to a seditious pamphlet , entitled eye-salve for the english army , &c. vvritten and publish'd for the information and benefit of the souldjery ; and to them directed . april . . london , printed for h. b. at the gun in ivy-lane , . physician cure thy self , &c. there 's a lewd pamphlet titled , — eye-salve for the english army , &c. — which being but a breviate of plain english , and the alarvm , &c. — needs no particular answer . he that reads one , reads all . it is divided into . heads . first . a tedious and scandalous charge against the late king . secondly . a groundless invective against our present soveraign . thirdly . reasons to the private souldjers : perswading them of the necessity to alter both the laws and government in order to their safety . lastly . a letter from some regiments of the army , to encourage the rest , into a revolt from the general , and an attempt of violence upon the nation . it were time lost to spend . sheets of paper upon the first section , and no body . pins the better for 't ▪ first , the particulars have been already answered ; and then , all before . is beside the present question . the reason of the warr , or the transactions of it , is not the poynt ; but why was blood shed in the time of peace ? why did these fellows , that during the hazzard of the war , vowed , and covenanted to preserve the king : but having got the power of the sword into their hands , usurped also that of the government , and murthered him : acting extravagancies themselves , far greater than calumny it self could ever have the face to fasten upon the king ? and all this under no pretence of other necessity , than what the fowlenesse of their crimes , and the guilt of their own souls engag'd them in . in one word : the question dates from the seclusion of the members in . and that act shews us who were reformers , and who jugglers . now for his clamours against the present king : as they are neither likely in themselves , nor credited by the people ; so i shall not clogg my self with proofs unnecessary , to acquit him : referring rather what i have to deliver , upon this subject , to the next head ; and that is , his advice to the private souldiers ; to which , i should subjoyn my own , and to whom i shall dedicate the rest i have to say . this eye-salve , gentlemen , which our pretending oculist presents you with , is a medicine of the same composition , which ( by general report ) strook milton blind : and 't is his interest that you should be so too . you cannot but observe how full of calumny and treason it is : and one thing most remarqualle take notice of . your safety is the only argument he employs , to engage you in the most bloody , vnchristian , trayterous , hopeless , and ridiculous design that ever was projected . consider , my masters : you are men , not beasts ▪ christians , not turks ; subjects , not governours ; reasonable creatures , not asses : and in fine , you have souls to save . i should esteem my self exceeding happy to see a good event of my wishes , and endeavours towards you : and i do undertake by a plain evidence of sober reasons , to shew you both a clear light to walk by ; and a far safer way to a much nobler end than he proposes . his counsel is , that for your future safety you would seriousl● mind these ensuing particulars . and mine is the same counsel too ; mind them well , and you 'll find your safety lyes in avoiding what he advises you to follow : and that his hand was in the wrong box ; for , what he calls an eye-salve , is rather a plague-plaster — but now to the particulars themselves . first , to abandon king , and lords , spiritual , and temporal , for these reasons . . they 'll seek revenge against you , for what you did against them . ly . they 'll have the sword in their hands ; and regulate their actions by will , not law , &c. ly . expect the same , if not greater tyranny than formerly , over your persons for conscience sake ; by whips , &c. ly . by the establishment of a single person , monopolies will be upheld , and trade destroyed , &c. — ly . if the king should be established ; that mony which should pay your arriers , must go to pay his debts . ly . you that have no fortunes , will be punish'd in your carcasses ; and branded with scorn , and ignominy as traytors to all posterity . in order : — and to the first , in the first place : . can any thing be more unreasonable , than to object revenge as dangerous to the private souldjers ? were ours the most vindictive prince that ever lived ( as you your selves know the quite contrary , so much as you know of him ) they were still safe . that revenge must be exercised either upon your lives , or fortunes . — as to your lives : what would that cruelty avayl him ; or what should move him to employ it ? a personal pique there can be none , he knows you not ; and beside ; - many of his father's party are mingled with you ; that took up arms for bread , and not in malice . — neither are you look'd upon as designers , but as souldjours ; under command : and such , as during a suspension of the civil government , subjected your selves to the law of arms : — you were neither judges , nor executioners ; — your businesse was in the field ; and the kings greatest harms were done in the intervals of peace . — further , your obligations under your present general give you both honour and protection . from whom , when ever you start , you are lost for ever . these very circumstances , would secure you , even from a barbarous enemy : much more then , from a prince , that by a principle of courage loves a souldjour : — by an impression of generosity , that loves a candid enemy : — and by a strong impulse of natural goodnesse and divine charity , that reckons duty in a subject , as a friendship : — and softens treason it self , in his familiar discourses , with the terms only of humane frailty . — how eagerly was he persued at worcester , and how miraculously preserved ! yet after this ; with how much tendernesse , and bounty ( out of his little stock ) did he compassionate , and relieve those very persons , in flanders , that sought his life at worcester ? enough is said to this point . examine now your danger in the point of fortune . ( i do not find many purchasers among the private souldjery . ) what have you got , for all your hazzards , but hunger , infamy , and rags ? when yet your thanklesse masters have put up half the revenue of three kingdems into their private pockets : without the venture of a broken head for 't . for shame , gentlemen , bethink your selves . leave these ungratefull wretches to their , lot : and save your souls ; your lives ; your freedoms ; — briefly ; all the benefits which your condition is capable of , you may enjoy ; and 't is not possible for you to prevail against the present posture and vnity of the nation . do you consider what it is these your sweet counsellers oppose ? the king forsooth . — to that ; — no body names him , but in return to them : and the main issue of our settlement is committed to . this immediate , and next parliament ; so that effectually ; — you are advised to alter the foundation of our long-establish'd laws , and some two thousand of you to make a war upon the whole rest of the nation . to end this point ; here 's the question . whether you should rather serve a pack of inconsiderable , covetous traytors ; that contrary to law , have rifled , and embroyl'd three nations ; and cheated you of your pay , that did their business for them ; and then ruine your selves too into the bargain ; — or on the contrary , return to your right mastor ; redeem your honor , and your country , by serving him , who having lost all that these people got ; yet succoured you ? ( having been long upon this particular , i shall be the shorter in the rest ) ly . you are advised to provide against a lawlesse tyranny do so , and quit them . but let me tell you ; they fear the law , more than the tyranny . ly . you shall be persecuted for conscience . ( they tell you ) no . they 're affraid of being lashed for want on 't . can you have better security in nature , for all religious liberties ; than the promise of that prince , whose habitual piety ; — tendernesse of nature ; — exact faith , and justice to his word : and whose vnalterable firmnesse to the protestant religion , under so great temptations to desert it ; — are so unquestionably evident ? ly . trade will not florish under a single person . committee-trade indeed it 's like will down : so will the trade of juggling in a pulpit ; — of shewing tricks with rings , and bodkins . but where 's the trade these fellows drive ? they would be major generals again perhaps ; — or is it , that hewson has a mind to cobble again ; — and my lord-sir-john-master-jack-berkstead would fall again to his old trade of thimble-making . ly . your arrieres must go to pay the kings debts . no : they that oppose the government , will probably be desired to pay for setling of it . ly . your carcases shall be punished , if you have no fortunes ; and you recorded for traytors . these gentlemen measure others by themselves . the first , hath been their practice , and the latter will be their fortune . for traytor is a brand upon such as resist authority , not upon those that submit to it . hitherto ; why no king . — now ; — why the law must run in another name ; ( in truth a seasonable consideration ) and a commonwealth be established . the reasons are so trivial , and so tedious , i shall not trouble my self with the particulars . this , in short , is the grosse of them . the law in the kings name speakes you traytors ; — citt and bumpkin, or, a learned discourse upon swearing and lying and other laudable qualities tending to a thorow reformation : the second part. citt and bumpkin part l'estrange, roger, sir, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing l estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) citt and bumpkin, or, a learned discourse upon swearing and lying and other laudable qualities tending to a thorow reformation : the second part. citt and bumpkin part l'estrange, roger, sir, - . [ ], p. printed for henry brome ..., london : . a reply to charles blount's appeal from the country to the city. cf. kitchen, g. sir roger l'estrange, p. - . attributed to sir roger l'estrange. cf. bm. a first part, citt and bumpkin, in a dialogue over a pot of ale, was published earlier the same year. errata on p. . reproduction of original in union theological seminary library, new york. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng blount, charles, - . -- appeal from the country to the city. great britain -- politics and government -- - -- anecdotes - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - rachel losh sampled and proofread - rachel losh text and markup reviewed and edited - pfs batch review (qc) and xml conversion citt and bumpkin , or , a learned discourse upon swearing and lying , and other laudable qualities tending to a thorow reformation . the second part . london , printed for henry brome at the gun in s. pauls church-yard , . to the reader . it is a great deal of time , pains , and good-will , that i have employ'd upon my duty , in the vindication of the church and state , from the malice of bold , and petulant libells : and not one word of reply , save only from the pittifull expounder of my answer to the appeal ; ( mentioned elsewhere ) which was , ( in truth ) so clamorously silly , that instead of an abuse , it prov'd a complement . but to see the luck on 't : just as i was about to take out my quietus ; the cause , cold i' th' mouth ; and to every bodies thinking , without either breath or pulse ; behold two unanswerable confutations ; the one , in manuscript , by way of a familiar epistle ; and the other , in print . the letter was a prologue to the book , as the book may ( in good time ) be a prologue to the pillory ; if making the king one of the three estates , may recommend the author of it to that preferment . this epistle of his crept in the dark one night into my booksellers shop ; as naturally as if his mother had been a bulker , and yet the man 's no bastard neither , at least by the mothers side ; as you will finde by his stile and logick : which speaks him as true a son of the kirk , as if the pamphlett had been written with the very milk of his dam. it is drawn out into two large folio's ; and truly too much , and too beastly , to recite at length ; so that i shall only present ye with , here and there a tast , of his vein , and humour , and some short notes upon it , by the by. he begins , monsieur crack . now there may arise some controversy perhaps , among the criticks , about the word crack , and so i shall expound it to ye : but you 'le finde the rest to be exceeding plain . one griffith wrote a smart paper of verses upon dr. wild , wherein he call'd him the presbyterians jack-pudding , this was an allusion proper enough ; for why should not mountebanks in religion have their jack-puddings as well as mountebanks in physick ? but however , the dr. took mee to be the authour of the coppy , and in revenge , ( the news-book being at that time in my hand ) was pleas'd to christen me the crack-fart of the nation . ( as it may be many an honest mans fortune to have a wag to his god-father . this secret i have told the reader in confidence ; and i hope it shall go no further : and upon that assurance i 'le proceed . [ 't is no new thing ( says the letter-man ) for pimping to raise a villain to preferment ; and that has been of late your daily bread : for what is all yonr impudent scribling , but the act of procuring , for popery and tyranny . ] so that writing for the king , and the church it seems , is writing for popery and tyranny . and again , dr. oates is as much above your malicious raillery , as you are below common honesty ; and even care , i am confident can bestow time better , then in minding the yelps of such a cerberus , such a prostituted rascall , a sycophant to cromwell ; betrayer then of cavaliers . ] now if it be malicious raillery , to magnify dr. oates's services ; to emprove his discoveries ; to illustrate his evidence ; to recommend his writings ; to elevate his abilities ; to set forth his hazzards ( on both sides ) as well from the fanatiques , as the jesuits ; to maintain him for a canonicall asserter of the church of england , against all gainsayers ; to enumerate the good-offices he has render'd to the poor protestants , and to pray that he may be rewarded according to his deserts , for all the good he has done us : if this , i say , be malicious raillery , then am i guilty of it : but if all this be good , where 's the malice ? or if it be true , where 's the raillery ? and this is not all neither ; the purging of my self : but whosoever calls this deference and justice to the doctor , by the name of raillery , does manifestly imply the ground of it to be false ; to the wounding of the drs. testimony , and to the blasting of him in the reputation of his literature , probity and manners . there 's the same hand again in tom and dick ; ( for i 'le publish his pamphlet for him . ) pag. . l'estrange ( he says ) has serenaded dr. oates of late most notably ; and caress'd him , just as joab did abner . in which case i shall appeal to authority for justice upon the defamer of the kings evidence , and a loyall subject both in one. in the same page he makes a proffer at an argument . he that is not against us ( he says ) is with us : but l'estrange never wrote against papists , and therefore he 's a papist : by which rule , if the authour never wrote against lame giles in holburn , or a little lowsy monky in the old-bayly , then the authour is a lame giles in holburn , or a little lowsy monky in the old-bayly . the man sweats ye see , on the behalf of the dr , but when he comes to his friend care he 's stark mad , ( the lord bless us ) and falls into fits ; cerberus , rascal , sycophant , traytor ; ( for there 's a wonderful sympathy , you must know , betwixt the author and this same care. ) but these are the ornaments , and idioms of his profession ; i must not call them lies , but presbyterianisms . yet again , [ really roger , thy fiddle is as damnably out of tune , and thy credit as much out at elbows , as when thou didst prostitute body and soul to noll's high nose ; and thou wilt look shortly worse by half then harris in the pillory , &c. and yet once more , prethee get s — ( that quintessence of knavery ) or any of the st. omer-rogues , thy common ▪ companions ; i see thee , and some irish cutthrotes every night with thee , at man's , &c. here 's another flower of his rhetorique , and the blaspheming of a protestant martyr , over and above ; with two or three presbyterianisms more , into the bargain . here 's wit at will ye see , in the dialect , directly of a western barge : but the man 's in a course of physick , and there 's no more contending with him , then with the governor of a night-cart , that carries his arguments in his tubs . it is said to be the work of one harry langly-samuel : but whoever it is , by my troth , i do e'enpitty the wretch , for he 's set on , and only barks for a crust . but upon the whole matter there went more heads then one , i 'le assure ye , to this learned piece ; and ( as lacies wench ( in monsieur ragou ) said of her bastard , 't is the troops child : and a very unmannerly brat it is ; i 'le be judg'd by the thrid-merchant else . now to conclude in a grave word or two , this way of fooling is neither my talent , nor my inclination ; but i have great authorities yet , for the taking up of this humour , in regard not only of the subject but of the age we live in , whieh runs so much upon the droll , that hardly any thing else will down with it . give me leave to say further , that in this dress of levity , i have not only avoided the scurrility of a buffon , and the hyperbole of an extravagant , and unnatural satyr ; but i have endeavour'd to paint truth it self to the life , without any prepossessions of malevolence against either parties , or persons . the king and the church have been already destroy'd ( even within our memories ) under the disguises of loyalty , and holiness . and these dialogues are only presented to the publick , as a kinde of historical map of our late miseries ; that by laying open the rocks , and sands that we perisht upon before , the people may be caution'd against the danger , and designe of a second miscarriage . citt and bvmpkin . the second part. citt. let 's ee'n jogg on to hampstead then ; and talk it out , where we may look about us . bum. true man 's a meddling - coxcomb , and there 's an end on 't . an eves-dropping-cur , to bolt in upon us out of a closet so . citt. 't is as i told ye , bumpkin , and ye may lay it down for a maxim ; that swearing and lying governs the world. bum. why what do ye think of canting , cousening , plotting , poysoning , supplanting , suborning . citt. 't is all from the same root , and the conning of this lesson makes ye master of your trade . bum. of what trade , as thou lov'st me ? citt. the trade of mankind , bumpkin ; the trade of knavery : the trade of turning dirt into gold : the trade of advancing rascalls , and overturning governments ; the trade of taking the covenant with one hand , and cutting a throat with the other ; the trade of the temple-walks ; the honest affidavit-trade . bum. but dost thou call this an honest trade , citt ? citt. yes , yes , bumpkin , it is a very honest trade that a man 's the better for ; and he 's a very honest man too that lives by his calling . why it brings power , and reputation along with it ; nay and it brings mony too , that brings everything . bum. reputation say'st thou ? why they 're two of the damn'dest qualities in nature . citt. and yet these two damn'd qualities , as thou cal'st them , got the better of the late king ; and afterward of the commons ; and after that , of the protector ; and to be plain with ye , bumkin , 't is all that we our selves have to trust to . bum. i cannot imagine what kind of swearing and lying it is that ye speak of . citt. i do not speak of the way of the bulleys ; the dam-meb●ys , or the irish cut-throats : i hate that confounding , damning , sinking , rotting humour of swearing . i am for the swearing seldome , and to purpose ; that is to say , for the engaging of a party ; or for the making out of a stabbing evidence , or so . bum. oh ho , i understand ye now : and the scrupling of a small oath gives a man credit in a great one. citt. there 's a great difference , betwixt swearing in a religious-way , and in a profane ; though the substance of the thing sworn come all to the same passe : for there 's heaven , and hell in the case , on both sides . as in the instance now of the late protestations , vows , oaths , and covenants , that were sworn in the presence of the allmighty and everliving god ; and as the lords and commons should answer for 't at the last day : in assertion of their zeal , and affection for his majesties honour , and authority , and the establishment of our religion , laws , and liberties . what a dignity , what a majesty is here in the very stile , and number ! though in the conclusion let me tell ye , the project went quite to another tune . bum. ay ay ; the damme of the covenant in the church strikes a man with such a reverence methinks , over the hectors scandalous damme in a tavern . citt. most acutely observ'd : for the scandall lies in the condition of the place , and in the sound of the words , not in the meaning of them . bum. i had terrible qualmes at first , citt , about the swallowing of oaths , and other puntillos of scruple ; but they are nothing so frequent of late , nor so troublesome as they were wont to be . citt. that will all over bumpkin in time . where 's the good fellow that did not puke upon his first debauch ! and a bawd is never the lesse reverend , because she whimper'd perhaps some five and fifty years agoe , for the losse of her maydenhead . nay it was a good while , before our hero's themselves could bring their oaths of allegiance , and their covenants to conjobble together . bum. why for that matter ; all 's but use citt ; all 's but use. citt. nothing in the world else : and when a man has got the trick on 't , if he has taken twenty oaths , hee 'le fetch ye up any one of them again , that you 'le call for , with as much ease , as the water-drinker at bartholomew-fair does his several liquors . bum. it is certain , that an oath , or the calling of god to witnesse , is the most solemn , and universall tye in nature , and so accompted , among people of all nations , and opinions . citt. and there 's no doubt , but the influence that it has upon mens minds , is the most powerfull of all impressions ; and of the greatest effect , in the manage of our most important affairs . so that it is no wonder to see all matters of the highest moment , as well private , as publique , as well warrantable , as not , committed to this way of caution , and test. bum. 't is very true , as in the case of testimony , civil duty , and canonical obedience . citt. now as the wit of man could never invent a more competent expedient , then these oaths , well apply'd , for the maintainance of the government , and the support of publick justice : so whosoever would dissolve this frame , must finde a way to introduce other oaths in opposition to these ; and to turn the edg of the law , and of the gospel , against it self , by drawing the most popular lawyers , and divines into the party . this is the naked truth of the business ; and to deal plainly with ye , unless you give me your solemn oath , that you 'l be true to me , and firm to the cause in hand , i must not move one inch further . bum. why then by all that was ever sworn by before , i will be both. citt. the league is now struck , and the sooner we unmasque , the better ; for it begets freedom , and confidence in each other . bum. here are two difficulties in the way , which i would fain have remov'd ; the one is , how to get the people to take such an oath of opposition as is here imagin'd ; and the other is how to countenance , and palliate the keeping of that oath , when they have taken it . citt. it was the masterpiece of our late reformers , to contrive such an oath , as in the sense , and grammer of it carry'd the face of a provision for the common benefit , and security , both of king and people , upon pretence that the government civil , and ecclesiastical , and the protestant religion it self were all in danger . this plausible imposture went down with the common people , without much examination ; especially under the colour of a parliamentary authority to back it : and it was so far from appearing at first blush , to thwart the regular oaths of the government , that it seem'd to the multitude , rather to second and enforce them . but when they came to finde , that they had sworn to they knew not what , and that this covenant , being originally design'd for an engine to vnhinge the government , the takers of it were ty'd up to the sense of the imposers : they had but this choice before 'um ; either to comply with the ends of the caball that set it a foot , or to deliver up their lives , and fortunes at mercy . bum. so that the letter of the oath , was for the government , and the intent against it . but what arguments did they use for the supporting of it , after the discovery of the fraud ? citt. only the common arguments of exorbitant power ; jayls , plunders , confiscations , axes , gibbets , &c. for breach of covenant . bum. well , but there was a train of contradictory oaths afterward , one upon the heel of another , thorough i know not how many changes of state ; what became of the covenant in those revolutions ? citt the single covenant had all those oaths in the belly of it ; and as many more , as it is possible to find cases within the compasse of human apprehension : for it imported an absolute and implicit resignation to the will and pleasure , of whoever was vppermost ; so that the submissions of those times were only look't upon as passive , and temporary yieldings to the present power , still as one interest justled out another . bum. and there were some too , it may be , that when they were once fool'd out of the way , made it a matter of conscience not to be set right again . citt. oh , there were a great many that thought themselves bound by the latter oath , and discharg'd of the former ; especially , when they had got the better end of the staff , and all power is from god , in their favour . but to be short , whatout of fear , shame , weakness , obstinacy , and the like ; they stuck to the combination , and made themselves masters of the government . bum. you have here set forth in this famous instance of the covenant , how easily and by what means the multitude may be inveigled into engagements ; and you have laid open the consequences of such leagues , and the difficulty of retriving them : but how shall we apply . this modell now to our purpose ? citt. why just as they apply'd the holy league of france , to theirs : for the common people have the very same passions , the same weaknesses , now , that they had then : and if some of our cock-brayn'd zelots had not out-run the constable , we might have been half way to our journeys end by this time . bum. nay the truth of it is citt ; the nation is nothing near so hott upon the businesse now , as they were some ten or twelve months agoe : and they grow still cooler and cooler methinks , every day more then other . citt. and what 's the reason of all this , now ? we play out game too open , and the plot 's discover'd . bum. well well citt , some body will smoak for this one day . citt. if we could have contented our selves with an orderly emprovement of the popish conspiracy , and gone thorough the work of religion , before we meddled with matter of state ; we had done the jobb , but the republicans hurry'd us on so fast : ( ay and great ones too ) i should be lo●h ( as thou sayst ) to be in some of their jackets for 't . bum. nay really i was sensible of it my self , that they did things hand over head ; and ran on many times without either fear or wit. but however , i shouldbe glad to be particularly instructed how far they did well or ill , what they should have done instead on 't , where they did amiss ; and what we our selves are to do , as the case stands with vs at present . citt. this is a contemplation well digested , and i 'le speak by and by to thy four questions in course as they lye . we have been hammering ( thou knowest ) at popery , ceremonies , subscriptions , oaths , and tests , liberty of conscience , and now and then a snap at arbitrary power , ever since the king came in , without gaining any ground upon the government more then what we bought with our hard mony ; that is to say , so many flowers of the crown , for so many taxes , and supplies . ( the nation being divided upon these points , and the crown and church-party standing in opposition to the other ) . at length broke out this accursed design upon the life of our sovereign , and our establish'd religion . which providence united both interests in one common cause , though with differing ends. bum. this you ' l say , was a fair foundation laid , as to the total destruction of the papists , but when that 's done , citt , where are we to be next ? citt. why that will never be done man ; while there 's a surplice or a blew garter in the three kingdoms . for there 's your church-papist , your pentioner-papist , your papist in masquerade , your concealed papist , these are all of●um forty times worse then your known , jesuited , and barefaced papist . and in one word , 't is as easy a thing to give any man the mark of the beast , that stands in our way , as for a horse-courser to make a star in a jades forehead . bum. without all doubt citt , and whosoever does not petition , protest , associate , covenant , act , and believe as we do , is a rank papist . citt. nay , i 'le go further with ye bumkin ; i 'le tell ye by a mans evidence , his furniture , his trunk , his brains , or his estate , without ever examining his faith , whether he be a protestant or a papist . i have led ye a little out of your way , to shew ye this secret , and assure your self , whenever this cloak fails ye , y' are left naked : but now to the question of menaging this occasion . so far as the court , the church , and the bench went along with us , in the opening , the exposing , the discountenancing , and passing sentence upon this hellish plot , we could not do amiss . and then it was well follow'd , in getting the popish lords out of the house ; in dividing the order of bishops , into three protestants , and the rest , papists ; as it has been since , in feeding the peoples jealousies all over the kingdom , with daily intelligences of new fires , new plots , new discoveries , to keep their fears waking , though in most cases without any ground whatsoever . bum. 't was a plain thing there , in some of the penmen of the narrative to bring the king into the plot against himself , was 't not ? citt. well , and was it not a notable push , to charge it so home upon the council , that they would clap vp no body for 't ? bum. and really , to give the intelligences their due , they ha'n't spar'd telling his majesty , the judges , and the bishops , their own neither . citt. it has been well enough done too , to brand those for publick enemies , that would not go along with us ; and for popishly-affected , that but so much as open their mouths for moderation ; to ply his majesty with petitions , the city and country , with speeches , remonstrances , and appeals . the starting the case of the succession was not amiss neither , nor the president of queen elizabeths association . bum : but i have heard my old master speak of that association , as a trick of state , with a special regard to the queen of scots , and● that though cambden makes the queen say that she had no knowledge of it before it was presented , he does not say so yet himself . citt. there have been several deliberations also upon entring into publick protestations of joyning as one man against popery , that have been very favourable to our purpose : and it was no ill contrivance , the burning of the pope , with that solemnity in fleet-street . bum. and what do ye think of the list of the unanimous club of voters ? ( that about the court pensioners i mean ; ) that was a notable device , let me tell ye : for hardly any of them got into the house after . but still if all this has been so much to our advantage , how comes it that we lose ground , and that any thing else should take place against us . citt. we may e'en thank a company of hot-headed fools in our own party . for taking off the masque too soon ; and for writing and printing so unseasonably against the civil government whatever came uppermost : which they have done to that degree of inconsiderate rashness , that the long parliament had an army in the field , before they ventur'd half so far . they have already set the lords and commons above the king , plac'd the government in the people , nay , they have been nibbling already at the militia , the power of life and death , and of calling , and dissolving parliaments : they have reviv'd the old propositions ; tearing his majesties servants , and ministers out of the very arms of their master ; and they have as good as told the king in plain terms before-hand , what he is to trush to , i do not speak here of any of our parliamentary proceedings ; but of the licence of private libertines that write and talk at random . bum. nay 't is but too true , citt ; for 't has been cast in my teeth twenty times : matters are come to a fine passe , they cry , when the kings life is to be preserv'd by those that would take the crown off on 's head ; and the protestant religion by the profest enemies of the church of england . but now ye have told me wherein they did well and ill , let me hear in the next place what they should have done if you had been their adviser . citt. they should have perpetuated the apprehensions of popery by good husbandry and manage ; without running the whole party down at a heat , till there was hardly a papist left in a country for a man to throw his cap at . bum. why that 's the thing , man ; they have destroy'd the game to that degree that we are e'en ready to eat up one another . citt. ay , ay ; so many poachers , they have spoyl'd all : we should have kept a stock of priests and jesuits in reserve , and playd'um off now and then , one after another at leisure . this would have entertain'd the multitude well enough ; and kept the humour in a ferment , and disposition for greater matters . bum. very right , citt ; we should have hang'd to day as we may hang to morrow ; for an execution is an execution ; if it be but of one , as well as of twenty . citt. yes , and we see besides , that much bloud , and numerous executions turn the holy rage of a people many times into a foolish , and degenerate pitty : over and above , that at the other thrifty rate , we could never have wanted matter to work upon . bum. there 's hardly any thing , citt ; that has done us more mischief , then the accusing of this lord , that commoner ; this bishop , that alderman ; this citizen , that country-gentleman ; for popishly-affected ; when the whole world knows'um to be church-of england-protestants . one crys 't is spite to the person , another will have it to be malice to the government ; a third calls the enformers a company of rogues , that care not what they say , and brings a scandall upon better evidence , nay and who knows at last , but these pittyfull fellows may be set on by the papists , to disparage the plot ? citt. not unlikely bumpkin ; for there 's nothing makes men more secure , and carelesse , in the case of reall dangers , then the frequent triffing of them with false alarms . but yet let me tell ye , as to the other point ; that it is not simply the charging of men , ( according to your instances ) for popishly-affected , but the charging of them vnreasonably , that does us the great mischief . for our work will never go on without popery ; and rathen want papists , we must create them . but this is not a project to be perfected at a heat . bum. and we are not in condition , citt ; to wait the doing of it by degrees . what becomes of us now then ? citt. oh , set your heart at ease for that , bumkin . we have twenty irons in the fire ; and if those fail , we 'le have twenty fires more , and twenty times as many irons again in every fire . we should have gone on , fair and softly , in the very steps of our predecessors : but if men will leave the plain road , and be trying experiments , upon their own heads , over hedge and ditch , to finde out a nearer way to their journeys end ; who can help it , if they break a leg or an arm by the way , and so fall short at last ? bum. why then 't is but so much time lost , and going back into the road again . citt. just as if when a man has shewed himself and frighted up the fowl , you should send him back again to his stalking-horse to make his shoot . but as it is , however , we must make the best of a bad game , and take our measures as we see occasion . bum. as how , take our measures , i prethee ? citt. as thus bumkin . we must shape our course , according to the circumstances before us , with a respect to the power , and interest of parties , change of counsels , and to the state , the humour , and the instruments of government : so that what 's beneficial to day , may be dangerous to morrow , and perhaps profitable again the next . bum. but how shall the common people judge of these niceties ? citt. why they are not to judge at all ye fool ; but to be menag'd , with invisible wires like puppets ; and not to know either the why , or the what , of things , but to do as they are bid . bum. i have been expecting a good while that ye should say something concerning swearing . citt. why so i have , and so i will. but i 'le first give ye the whole scheme of the business in short . the government can never be vndermin'd , but by a confederacy ; there can be no confederacy without an oath : nor any thought of a popular oath , without a colour of some authority to countenance it ; nor any colourable authority , but in a well-affected house of commons ; and that qualification depends wholly upon a right choice of the members , as that choice again depends upon the good inclination of those that chuse them . bum. so that the good-will of the people is the key of the work ; and we have gain'd that point already . citt. we had gain'd it bumkin , but they fall off most confoundedly . the next step , is a well-principled house of commons . ( and the rest follows in course , ) how this will prove i know not ; but the nation has been warn'd sufficiently against your ecclesiastieal officers , prelatical men , courtiers , pentioners , debauchees , and the like . bum. nay , we made the veriest rogues of 'um , in the countrys too : as papists , atheists , and the devil and all . and yet , let me tell ye , the court , and country-party carry'd it in many places in spite of the hearts of us ; but that 's no fault of ours , you 'l say . hold a little , did not you tell me t'other day that we should bring our petitions about again ? citt. yes , i did , but the committee has taken up other resolutions since ; for it made such a noise ye see , that people were taken notice of , and undone by 't . this phansy of proroguing , and dissolving , has dasht all . bum. so that petitioning is quite out of doors then . citt. no , not so neither , bumpkin ; but we must look hereafter to the timing and to the matter of our petitions . our cock-brain'd linnen-draper there made a filthy stir ; i would his tongue had been in a cleft-stick . bum. well ; but there are swinging petitions afoot yet , for all this. citt. nay we may live to see some of the lords spirituall and temporall upon their mary-bones yet , before we have done with ' um . but not a word of this , till we see how the parliament's in tune for 't . bum. and that 's but reason , citt ; for fear we should be for one thing , and they for another . citt. wherefore 't was wisely done of the long parliament , to have a private cabal of their own : for so long as they drew the petitions themselves , the house , and the petitioners would be sure to agree upon the matter . bum. so much for the timing , and the matter of petitions . but when shall we come to the point of swearing , citt ? citt. i 'le lead ye to 't in a trice ; first we petition , for one thing after another , till we come at last to be deny'd ; the next advance is to associate , and then , to swear . bum. well! but this must be under the banner of the peoples representative . citt. no doubt on 't ; and that 's the easiest thing in the world to compasse , if we can but , first , get a right house of commons ; and then , liberty for them to sitt till all grievances be redrest : which was the very end of putting in a clause for 't , in the late petition ? bum. if we could bring it to that once , we should be just in the old track again . but what kind of oath must it be at last ? citt. it must be an oath made up of ambiguities , and holy words ; not a half-penny matter for the sense on 't ; for you must know , that tho' it looks like an oath of religion , on the one side , 't is an oath of allegiance , on the other ; and a disclaimer of the king 's , in submission to the sovereignty of the commons . bum. there 's no great question to be made of the effect of such an oath , and such a conjuncture , as is here suppos'd ; but how shall we come at it i pre'thee ? citt. time , and patience overcome all things , bumpkin . we have friends , brains , mony , and the grace of making the best of our opportunities . one man is wrought upon by ambition ; another by avarice ; a third by revenge ; and we have our ways of accesse to all humours , and persons . how many favorites do we read of , that for fear of impeachments , have sacrifie'd their masters , to save their own skins . for princes themselves are not without their tractable , and easy seasons , of being prevail'd upon . bum. from what you have here deliver'd , i draw this generall conclusion ; that change of accidents must of necessity produce change of methods , and resolutions : ( provided allways , that there be still maintain'd a tendency , tho' by severall ways , to the same end ) and that , in all cases , the oath is the sanction of the confederacy . citt. you have it right thus farr , bumpkin ; and you see what power an oath has as well upon the bodies , as the minds of men ; even to the blowing up of the soundest foundations , and to the drawing order afterward out of that confusion . you see , in short , the effects of it in a politicall way ; and the ordinary means of gaining it . you would not think now , what an advantage he has above other people , in the common affairs and bus'nesse of the world , ( even betwixt man and man ) that has been train'd up in this school of popular confederacies , and contracts . bum. nay , practice , and experience are mighty helps , beyond all peradventure : but yet i have seen some people go a great way in swearing , by the meer strength of nature . citt. yes , yes ; for a down-right dunstable , thorough-pac'd way of swearing ; a ready tongue , with a good memory ; and a competent stock of assurance will do very pretty things . bum. why i had a friend to'ther day that was at a losse for a release ; he made no more adoe , but away into alsatia , where he told his story in the hearing of two competent witnesses ; and whip sir jethro they had him in a twinkling , and so brought him off with honour . citt. this old fashion'd way did well enough in straffords days and laud's : but we are now infinitely refin'd . and yet i cannot but allow that a happy genius may do a great deal that way ; but when you come to casuisticall points that require reading , conference , and invention ; what will become of your thorough-pac'd alsatia-man , do ye think , with his naturall talent ? why thou art in the altitudes , citt ; a casuisticall oath say'st ? what is the knack of that same casuisticall oath , i pre'thee ? citt. a casuisticall oath , bumpkin ; is an oath with a nicety in it : which nicety may be solv'd two ways ; either by bringing the oath to the conscience , or the conscience to the oath . as for example ; the covenant was a casuisticall oath , wherein the words were first brought to the conscience , and then the conscience to the intent . bum. let me put some cases to ye , suppose a man sworn out of his right by one false oath : whether or no may a body swear him into 't again by another ? citt. without dispute you may : ( see the holy common-wealth . ) for it becomes an oath of providence , when it is apply'd to the maintenance , and support of truth , and justice . and this holds too in swearing against the enemies of the gospel ; when the excellency of the end a tones for the iniquity of the means . or at worst , 't is but venturing to become a cast-away ( after a scripture example ) for a general good. bum. ay , that 's a sure way citt , for a man to shew a text for all he does . as how should the saints have warranted their violence against the late king , and his loyal nobility ; if it had not been for that text in their favour , they shall binde their kings in chains and their nobles in links of iron . citt. or let us imagine that a man has a wife and children , and not a bit of bread to put into their heads : what do you think of a false oath in such a case , for a livelyhood ? bum. nothing plainer , for he 's worse then an infidel that does not provide for his family . citt. but then here 's another subtlety for ye : one man swears what he thinks , and it proves false : another swears what he does not think , and it proves true. as thus , i see a person walking in his formalities , and swear , there goes such a doctor ; and it proves to be a baboon ; i see somebody in the chair , and take him for a man of quality , and he proves to be a knight of the post. bum. this is only swearing to the best of a mans knowledge . citt. but what if i should swear that gentleman in the gown , to be a baboon , and the other resemblance of a man of quality , to be a knight of the post : and yet , without my believing either the one or the other , they prove to be such , how goes that point . bum. such an averment ( i conceive ) is to be taken rather for an inspiration , then an oath . citt. now there 's another way of swearing too : and that is , with a salvo , or reserve ; which the doctors of the separation have in great perfection ( the jesuits call it a mental reservation ) as the king 's ivst priviledges : — according to the best-reformed churches : — as far as lawfvlly i may — and the like . bum. what do ye think of him that parting from a good fellow with a pot at 's head , made affidavit in court ( to excuse his non-appearing ) that he left him in such a condition that he believ'd he could not live a quarter of an hour in 't ? citt. ay , ay , and the guiding of a dead mans hand to the signing of a deed , and then swearing to the hand , these are vulgar shifts . bum. but pray'e what 's the meaning of that text that says , swear not at all ? for we must live up to our rule . citt. if we had not other texts to justify swearing , we must have understood it according to the letter . this is only meant of profane , customary , vain , and inconsiderate swearing , without either provocation , or profit . and it is better certainly , for a man to make his fortune by one pertinent oath , securing his future state , by a matter of twenty pound a year , to a lecture , when he dyes ; then to go to the devil , out at the elbows , for a million of idle ones . bum. but what did ye mean , e'en now by conference , and invention about swearing ? citt. conference is nothing in the world but putting of your fiddles in ●une : and invention helps every man in the gracing of his part. but then there 's the invention what , and the invention how ; the invention of the matter , and the invention of the manner ? 't is enough , as to the matter , that it be fitted to the stress of the question : but the regulating of the manner requires great skill , care , and judgement . there 's nothing that more recommends an evidence , either to the bench , or jury , then modesty of behaviour , ( even to the degree of bashfulness ) mildness of speech ; a seeming scruple of being positive , where the point is nothing to the purpose : but a disovery of passion , ficrecnesse , and prepossession in a cause , spoils all , and makes the testimony look like malice , or revenge . bum. i 'm instructed thus far . but where 's the advantage all this while , that an old covenanter has of a novice , as you were saying e●en now ? citt. oh , they are many , and great . first , he has gotten the command of his conscience , and brought it to stop , and turn , at pleasure , secondly , he 's true to his marque , spring him what game ye will , he flys it home . thirdly , he has the digestion of an estrich ; for after the swallowing of the crown , and the mitre , there 's nothing rises in his stomach . fourthly , there 's no fear of him , for snivlling , or repenting , and telling of tales ; for he 's above the common fooleries of counsel , argument , or remorse . bum. nay , 't is with our consciences as with our jades ; a phansy , or a wind-mill , puts them out of their wits , till they 're us'd to 't . and there 's no fear of his flinching neither , i 'le grantye : for a conscience that has stood firm under the ruine of three kingdoms , will never boggle sure in the case of single persons . and yet i find many of our old stagers come about too . how shall i distinguish now which of them are sound , and which rotten at heart ? citt. there were some , ye must know , that swore either in simplicity , or to save a stake : and others , in design . now those that were noos'd before , may be hamper'd again ; and those that comply'd for advantage , then , will do so still . and for the designers , they may be known by the favour they shew to their old principles , and friends ; which is an infallible sign of the old leaven in them still . bum. i 'm of thy opinion , citt ; and that they 'le do us tho service still , of honourable spies in an enemies quarter . citt. but what do we talk of true , and false ; which , in this fallible world , is little more then matter of opinion ? a true oath , out-sworn , passes for a false one ; and a false oath , not detected passes for a true one : so that the scandall of the one , and the reputation of the other is a thing of meer chance . nay , in the practice of the world , 't is rather the folly , then the crime of the falshood that marques a man for a rascall : for why should perjury be more veniall in one case , then 't is in another ? dam-me , sirrah , ( says a huff to his lacquay ) if i don't beat your brains out ; and yet he does not so much as touch him . a young fellow says a thousand times more to his mistresse , or to his creditour , and makes not one word of it good . a bully will do as much to an unbelieving taylor for a suit of clothes , tho' he never intends to pay him . and yet here 's no talk of inditements , pilleries , or loss of lugs in the case . bum. the reason holds , i must confess ; tho' the instances do not perfectly agree : for the one is an oath originally false in the matter of it ; and the other is an oath , made false by a subsequent breach of it . citt. well , but all is for-swearing still . and why a perjury in choler , in love ; for a paultry sum of mony , or a pair of pittyfull trowzes , should passe only as words of course , and yet so much load he laid upon a stretch for the relief of a necessitous family , the gaining of an estate , the preserving of religion ; and perhaps the conversion of a kingdome : this is a thing , i say , that i do not comprehend . bum. this is the law ; the law , citt ; the damn'd law ! that 's the ruine of us all . and what is this law at last ? citt. it is just throwing up of cross or pile in a vote . we took crosse , and it happen'd to be pile ; and so we lost it . in short , and in earnest , we are guilty of breach of faith in the most solemn duties of our christian profession . bum. thou hast spoken more for the power , the mystery , and the benefits of swearing , then the whole assembly of divines , the blessed synod themselves . i prethee try thy skill , now , upon the faculty of lying ; which as it naturally goes before the other , so i think it should have preceded too in the order of place . citt. so it does , and it should have so preceded ; but that swearing and lying comes better off the tongue , methinks , then lying and swearing . bum. this lying is but a course word ; the precise folk in the country call it fibbing ; but that will not do so well neither : for fibbing and lying , differ just as tripping , and stumbling , or in some sense , as jest and earnest . so that i find it must be lying at last . the laudable faculty of lying . citt. to handle the point methodically , bumpkin , there are lyes , tacit , and expresse . tacit , as by looks , signs , actions , gestures , inarticulate tones : expresse , as words at length ; and those are lyes either of creation , composition , substraction , amplification , or addition : i might carry it farther to lyes ecclesiasticall , and civill ; but i 'm loth to spin the thrid too fine . bum. these are high points , citt ; how shall a man tell a lye i pre'thee , without opening his mouth ? citt. why ? did'st thou never hear of the language of the fingers ? but the question is here upon hinting one thing , and meaning another ; and especially in politiques , and religion , in order to a thorough reformation . bum. i have heard a world of talk of that same thorough reformation ; all our meetings ring on 't ; and there 's such a deal of clutter about the babylonish garment ; the not leaving of a hoof behind ; root and branch , and the like : but i could never reach the bottom on 't yet . citt. take notice then that there is a simple , or partiall reformation , and there is a thorough reformation ; the first , in the language of the reformers , is only pruning of some exorbitancies in church and state ; as the regulating of the kings courts , paring the nails of the prerogative ; the lopping off here and there a rotten lord , or a popish bishop ; the removall of an evill councellor , the purging of a disaffected house of commons , or so : the other leaves no king , no lord , no bishop , no house of commons at all ; and briefly , it signifies the turning of a monarchy into a common-wealth , an episcopacy into a presbytery , and our great charter into our will and pleasure . in one word ; it is dismounting of our superiors , and getting our selves into the saddle . bum. well , but this must be done by degrees . citt. ay marry must it , bumpkin ; and many a good morrow too , before we come to the point . there must be petition upon petition ; remonstrances ; grievances ; popery ; tender consciences ; fastings ; secking of the lord , religion , liberty , and protestations , without end. bum. yes , yes , ye told me somewhat of this before , but it lies in a little compass ; we must get what we can by begging , and then take the rest. citt. but now let me shew ye in general , how this is to be done . whatsoever lessens the government , and exalts the dissenters in the eyes of the people , we are to consider as a proper medium toward a thorough-reformation ; and this must be done by hook or by crook ; but provided the thing be done , no matter how . bum. but however citt , we had better do 't upon the square , as far as the matter will bear it , and make out the rest by fibbing . citt. that 's a thing of course bumkin , to uncover the nakedness of the government , and rip up the errours , and distempers of church and state. why we have a committee for the registring of male-administrations ; we have our spyes up and down from the bed-chamber to the meal-tub : there 's not a tennis-court , not a bawdy-house , not an eating , or drinking-house about the town that scapes us ; not a glass , not a word , not a frolick , in any considerable family but we have it upon record ; and we have those that will make it all good too upon oath . bum. and this goes a great way , let me tell ye , citt. for the people never consider that rulers are flesh and blood , as well as other men : and if any thing goes amiss , they think there 's no setting it right again , without taking the whole frame to pieces . citt. true bumkin , and that 's the thing that must do our work ; but then if truth , and matter of fact will not hold out , we must have recourse to invention . and now i come to my text. you remember the two topiques i gave ye , of lessening the government , and advancing our selves . bum. yes , yes , but a government may be lessen'd several ways . lessen'd in authority , lessen'd in power , lessen'd in reputation ; that is to say , in the esteem . and affections of the people , either by hatred , or contempt . citt. very well , and so have we our several ways of making our selves popular : all which must be done by emproving opportunities before us , toward these two ends. bum. but prethee tell me what advantage can we make of signs , or how shall a man tell a fib , without a word speaking . citt. why dost not thou know ( bumkin , ) that the language of nature is infinitely more powerfull , and significant , then that of compact ? 't is impossible to put the force of looks , grones , actions , and gestures into words , is it not a lye to look as if we pray'd , and yet curse in our hearts ; or under colour of a charity , to put a shilling into the bason , and take half a crown out ? lord turn the kings heart : ( says the man above ) which draws so sorrowful a countenance after it , from one end of the tabernacle to the other , that you 'd swear we were either falling into the ' leventh persecution , or that the pope were already on this side high-gate . bum. 't is a strange thing citt , the agreement that we finde in many things , betwixt reasonable creatures , and brute animals , one grone runs quite thorough the meeting , just as one note , sets a whole pack of beagles a yelling . citt. this way of juggling , and dissembling by signs is certainly very artificial , and of incredible effect ; but a man may better understand , then express it : and our people are the most dextrous of all men living at that way of address . bum. but what say you now to the business of lying , or fibbing , in words at length ? pray'e take your heads in order , and read upon them : and let me see some instances how to apply them to the purposes of drawing the affections of the people from the government , to our selves . citt. there is , first , a lye or ( let it be rather ) a figment of creation , which imports the raising of something out of nothing , and is a figure not to be employ'd , but with infinite caution . bum. prethee go on citt , ( for my brain clarifies strangely upon 't ) and make me understand where i may make use of it , and where not . citt. i may be usefull , where the present belief of a thing may be of greater benefit , and service , then the future discovery of it , can be a detriment : as the figment of the late kings ; being confederate with the irish rebels , the cavaliers cruelty at branford , &c. now though these impostures had no foundation at all , they serv'd the present turn yet , for the moving of the city , and the drawing of men together upon that occasion ; and when the truth came afterwards to light , the frogery was only taken notice of as a cheat , and that was all . bum. ay , and i have hear'd of the fobb'd letters , and the plague-plaisters , and the tricks they had in those days , still is one plot cool'd , for the bolting of another . these devices stood 'um in great stead ; and we have seen something on 't of late , in the rumours of the kings raising an army to aw the city , and the parliament ; and the forty thousand french upon the isle of ●urbeck . these stories let me assure ye citt , keep the humour stirring . citt. but what do ye think of the invention of the protestant martyrs domestique ? where he tells ye of one of his royal highnesses servants at edinburgh , that was worse then malcuss'd , for he had both his ears cut off ; and then of the throwing stones at the windows of his oratory ? bum. why citt , was this a lye ( as thou calst it ) of creation then ? citt. without the least colour for 't in the world. now 't is not the fiction , but the imprudence of it , that vexes me : for as to the former , it is certain that the duke was treated both in himself , and in his train , with the highest instances of welcome and respect imaginable : and then for the other , the scots were so far from discountenancing the office of the church , that a great many of the nobility , and persons of quality have taken up the vse of it in their own families . now for him to impose this fiction upon the world , without any pressing necessity , and to no purpose at all , when he might be sure of a contradiction by the next post ; this i say was a great slip of a wise man. bum. come , come , citt. the good man is not so much to be blam'd neither ; for his intention was to render the duke low in the opinion of the people , and to discredit the common-prayer . pray'e call to minde the account he gave of the famous motion in the city , for the doubling of their guards , and then set the one against the other . citt. no , no , bumpkin ; this is not to reflect upon him ; but only to shew thee how to apply this figure . there is another , and a more profitable fiction , in regard that it is hard to be detected , as being grounded upon thought and intention ; as the late kings designe of setting up arbitrary power and popery ; his purpose of coming into london one night with his papists , and cavaliers , to burn , kill , and ravish all before him . now this was an invention of great force ; for though in my conscience his majesty never intended it , yet the story past for current with the multitude ; only by the vigilance of some active and zealous patriots it was prevented . these figments you may apply to the head of lessening the credit of the government . bum. and in some degree , i hope , of advancing our selves ; for such a deliverance works both ways . citt. oh , greatly , bumpkin ; for as the people were possest one way against the king , for designing upon their liberties , properties , and religion ; so were they as much perswaded on the other hand , in favour of those that put themselves in the gap , to withstand that oppression : whereas by the sequel it appear'd , that the kings designe was only to defend the government , and the others , to invade it . bum. we have run much of late upon this vein of intention , and it has done notably well with us too ; for we have shook the very foundations of the government with it . citt. o , bumpkin , thou dost not know the charm of those four syllables , intention ; the irresistible power and virtue of that little word , affected : popishly-affected , tyrannically-affected ; this was it that blew up three kingdoms but the other day ; faux's powder under the parliament-house was nothing to 't . we have no windows into our breasts , and there 's no proving or disproving of a thought ; only to those goblins , fears , and jealousies every thing they look upon appears double , even to the discovery of things that have no being . bum. stay a little : may not a man suppose a third contrivance now , as groundlesse as any of the rest ? 't is but laying it remote enough , and the thing 's forgotten before ever the truth can come to be known . citt. this is very well hinted , bumpkin , and we have found it a very commodious expedient , even in this very juncture : how many bruits have been rais'd concerning leagues , and intelligences abroad , designes , and intrigues at home ; that for a moneth or six weeks it may be , have set the people a madding from one end o' th town to the other ; and at last not one syllable true , but all past over as if no such thing had ever been . take me aright , bumpkin ; i do not speak this as condemning the practice , but to set forth the effect of this way of fibbing . bum. that 's understood citt ; for'tis not our part to examine the means , why they be good , or bad ; but to pursue the reward , and bring that about , by any means whatever . but what do ye say now to the lye of composition , as you call it ? citt. it is a figment , citt. that 's made up of truth , and falshood : but so enterwoven with colours , and disguises , that 't is hard to say which is which . bum. as if ye should put rats-bane into a mess of porridge : 't is porridge still , though it be poyson . citt. very well alluded bumkin , and the truth , or the porridg , is only ( as the doctors call it ) the vehicle to convey the poyson . the art , and mistery of this fib lies in gaining credit to the fiction , by acknowledging those notorious truths that cannot be conceal'd . bum. ay ay man , for that 's but telling what every body knows . as for the purpose . the presbyterians took up arms 't is true , but alas ! they never meant any hurt to his majesty : and yet they took his royal authority to themselves , and seiz'd his shipping , his forts , and his revenue . citt. ay but for that bumkin , they say learnedly that the king was in the two houses , when charles stuart was in the head of an army . bum. but they say again , that they never meant any hurt to his person neither ; and yet they revil'd him , and shot at him . citt. the arch-bishop of st. andrews was kill'd , but then he was an ill , harsh man , they say : 't was done in revenge , and no act of the kirk-party : we were mightily derided about the scotch rising . at first , there was no more in 't , then a tumultuary rabble that were got together to deliver themselves from an illegal oppression : and this past for current , till it was found to be a form'd rebellion , and that the covenant was the foundation of it . bum. the doctrine's this . not to own any thing more then needs must , and to palliate what 's amiss the best we can . and so proceed , i pray'e to the point of substraction . citt. the rule of swearing , bumkin , that is to say , the truth , the whole truth , and nothing but the truth , does not hold in lying ; so that in this case of substraction , we tell the truth , but not the whole truth . bum. our common intelligences are singularly good at this figure : for they tell ye just as much of the story as serves their turn , and no more . citt. they do so . oh they are very well instructed . as in the story of the officer that broke a fellows head , as they were going to brantford to chuse parliament men : he tells ye of the head broken , but not a word of the provocation ; as the disordering of his men in their march , and their bauling out , no courtiers , no pensioners , no whitehallmen . bum. that 's a ●lagty way though citt , and so for satterth wait , about firing de la noys house ! he had the clearest proofs in the world of his innocence ; the acquittal of the court , and the wench put to death that accused him . but honest benjamin waves that point , and tells ye only that ever since the maids condemnation she continues firm , in what she first asserted , as to her being hir'd to commit that horrid fact. citt. these things are of infinite use bumkin , and if ye mark it , there passes not a week without scandalous reflexions upon some of the guards , to make the people sick of ' um . and 't is very good policy this ; for if they were out the way , our business were done . bum. these papers are the true fireballs , forty times beyond the compositions of powder , and aquavitae . citt. they are so bumkin . there 's no need of poking them into ha●-lofts with long poles ; vntiling of houses , breaking of windows , creeping into cellars , &c. 't is but one tugg at the press , here in london , and in eight and forty hours ▪ ye shall see the whole kingdom in a flame . and let me tell ye , this fibb of substraction does a great deal towards it . bum. and so it does in the report these pamphlets give ye upon all tryalls , where a popish cur has the good luck to come off . don't ye see how they whip the bench , and the jury about the pig-market ? sir thomas gascoin was return'd not guilty : but it was by a jury of his countrymen . and so ye are told the charge , with a very slender or no account at all of the defence . citt. why this is by the virtue of substraction : it is a kind of a negative lye , the concealing any substantial part of the truth . they talk as if there were a designe afoot for the suppressing of these intelligences : and by my soul , i believe it would be the vndoing of the cause . bum. why they govern the land man , do they not make and dissolve what alliances they please . arraign judges ; condemn innocents ? put out , and put in , what privy counsellors they think fit ? place and displace secretaries of state ? publish the privacies of the cabinet ? and in all cases , tell the people what they are to trust to ? citt. right , and all this passes for gospel in the country , though the devil a word on 't that 's known at white-hall . but then they have the cruellest way of nicking a man when they have a minde to 't . such a one has got such or such a place at court , though so and so : and to'ther must be committed close prisoner , though the lords in the tower may have people come to them , and play at nine-pins . bum. ay , and then let the bravest things imaginable be done by one man , either ye have the bare abstract in general , of such a thing done , or nothing at all : but if another man does but let a fart upon a fit of the belly-ake , there 's a thanksgiving presently all over england and wales , proclaim'd for his recovery . cit. these are great helps bumkin , that we can raise and depress whom we please . beside that the multitude from these liberties draw this conclusion , either they would contradict these things , if they could ; or hinder them if they durst . we'el go now to the figment of addition . bum. as substraction is the truth , but not the whole truth , so addition , i presume , is somewhat more then the truth : but pray'e let me distinguish betwixt composition , and addition . citt. the former , is the blending and confounding of the truth , with fictitious matter : the other is the piecing out of a truth , with a falshood , when the bare truth would not do the work. as thus , it is true , that the army rays'd for some attempt upon the netherlands , in . was drawn up on black-heath ; but all the rest of the story , for the advance of the french government , the promoting of the irish religion , and the threatning of a storm to fall upon london , is an additional figment . it is true , that there were fireworks found in the savoy , but the addition is false of being design'd according to the story . bum. what 's the difference now betwixt addition , and amplification . citt. addition is a suppliment of new fact : amplification is only an aggravation of the matter in question . or in short , the setting a flourish or a gloss upon the business . and it holds as well the making of our adversaries odious , as our selves considerable . bum. i have many times observed that gods judgments , and blessings have been still either imputed to the wickedness of the episcopal party , or ascribed to the sanctity of the non-conformists . citt. but if you will see a master-piece . reade the preamble to the relation of the kings army at branford . and take this with you before hand , that there was no cruelty exercised at all , beyond the common effects of hot blood upon so obstinate a dispute . vnnatural , inhumane , and strange cruelties , send forth a voice , and the voice which they send forth is so loud , that it awakes even secure and sleepy mankind , and stirs up their bowels to an enflamed and united indignation . the divided pieces of a woman abused to death needed not the eloquence or voice of an orator ; they spake themselves , and they spake so loud , that they were heard by a whole nation , and drew forth this answer , there was no such deed done nor seen from the day that the children of israel came out of aegypt . neither did they fetch only an answer of words , but of deeds : all the men of israel gather'd together as one man ; against the authours and abettors of that abominable wickedness . it is a lamentation , and to be taken up for a lamentation , that in england such horrid acts should be done , that yield forth this high crying & affrighting voice — no such thing hath been done since england came out of the aegypt of rome , &c. exact collections , pag. . bum. why this exclamation was as much as the whole cause was worth . ah , citt , if we were no better at oaths and fibbs , then we are at arguments , we should e'en bring our hoggs to a fair market . citt. alack for thee bumkin , thou dost not know an argument when thou seest it . why this knack of swearing and lying is our way of arguing ; and whoever carries the cause , ( let him carry it right or wrong ) is the best disputant . prethee tell me ; what would st thou think of any man that should go to convert the chineses in welch , or talk hebrew to a laplander ? 't is the same thing man , to talk reason to the rabble . 't is little less then popery ye fool ; 't is speaking in an unknown tongue ; what were all your cavalier-doctors , and statesmen the better for their syllogismas , their politiques , and their cases of conscience ; when the very noyse of tyranny , and popery beat'um all out of the field ? bum. nay , i must confesse , citt ; that our case is to be decided by the multitude ; and that way must needs succeed best , that is most accomodate to the humour and capacity of the umpires of the controversy . but yet i could wish that thou had'st born up a little t'other day , to trueman , upon the points of religion and government . citt. why you must know , bumpkin , that there are two ways of reply upon disputes of that quality ; the one is by reason , ( which sounds the same thing with the apostles vain phylosophy ) and the other is by clamour : the former is for your speculators , or pedants ; and the other is for men of zeal , and businesse . but there 's one has mawl'd him since , to some purpose i'faith , i believe hee 'l have little joy of his disputations . bum. oh , i have heard of two or three that have had a fling at him . there 's one of 'um they say that 's a devilish witty little fellow , but i cann't for my blood call his name to mind ; but i think 't was pugg ; or thereabouts . citt. by my troth like enough ; for one was telling me to'ther day , that the drill in bartlemew-fair , with a leaguer-pipe in 's mouth , was the very picture of him . but didst not thou see romes hunting-match ? bum. yes , yes ; 't is a broad-side with a wooden cutt ; they have put him in the head there of the popes beagles , with a pen in one pot , and a fire-ball in the other . they call the whole pack the antichristian crew : the fellow has a woundy head-piece that contriv'd it . citt. ay but the t'other girds him confoundedly ; and then there 's a letter worse then that too . but this is all by way of answer : if thou could'st but recite his positions now , you and i might bang it out , had to fist , in mood , and figure ( as they say . ) bum. nay let mee alone for a reciter , if that will do 't . the crown of england is allow'd on all hands to be imperiall ; and that i lay down for my first position . citt. why then y' are a crack-fart , and a pensioner . now go on , without any demur . bum. the king is vnaccountable , and not one of the three estates , as lame giles would have him . citt. y' are a sawce-box , and a yorkist , bum. i will maintain that england is not a mixt , but only a qualifi'd monarchy . citt. y' are an idle fellow , sirrah ; and i have seen ye at masse at the protestant coffee-house . bum. i say again , that there is but the governing , and the governed ; and that they are no longer the governed , that govern , nor the governing that are governed . and in little , that subjection and dominion are inconsistent , in one and the same time , and subject . citt. y' are an idle , impudent fellow ; and i 'le be hang'd if i don't catch ye in the sham-plot . what do ye think of this now ? and tell me without complement , if i have not run this puppy up to the wall. bum. i cannot for my life citt , understand this way of answering yet . citt. why prethee bumkin , calling of names , is speaking to the people in a language that they do both vnderstand , and believe . bum. oh , there 's no question to be made on 't , a man had better be suspected for a spirit , then for a papist : nay if it were but popishly-affected , it would go hard with him . but what will ye say citt , if i tell ye of a man that saw the devillish letter ye spoke of ? citt. i have heard somewhat on 't my self . but prethee let 's confer notes upon 't . is there not something in 't , that he would have been fribling with a printers wife once ; and that he promis'd to bring off her husband if she 'd have done him the good office ? i had it from barefoot , and yo● same bacon-of-government-man , what a devill do ye call him ? the case-putter at the swan in fish-street ; he that swell'd so at the name of the duke of yorke ; pox on 't , that i should forget him now ; did ye never hear of the thumb ? ( as aristippus says . ) bum. why faith citt , i have heard as wuch : but i have been told too by one of the journey-men , that she was always a good gamesome wench , and that the gentleman ( being well bred ) might perhaps offer her the civility to oblige her . citt. i can say nothing to her gamesomeness ; but she was no blab , i can assure ye ; for though she was in court , when her husband was fin'd and sentenc'd upon that gentlemans prosecution , she made no words on 't . bum. that 's well observ'd , citt ; for she should have told the bench me-thinks ; that if she would have done so and so , ●t'had never come to this. citt. ay but yonder 's a broken thrid-merchant bumpkin , ( and he had it from his own brother ) told a friend of mine , that truman ( when licensing was in fashion ) would never license any thing against the papists ; and that he took mony for licensing ; and layd a tax upon his majestyes liege-people , ( as pugg the notarius has it ) without the consent of their representatives in parliament . bum. these are bloody things , citt , and they resolve to scour him as bright as silver , before they have done with him . citt. nay , if we don't make him either a papist , or popishly-affected i 'le dye for 't : yes , or any man living , that has either a good estate , good furniture in 's house , mony in his pocket , or brains in his head. bum. well , but to my knowledg , citt , truman does not value himself upon any of these qualifications . but prethee let 's leave this noddy a little , and talk of something else , what dost think was the reason that our parliaments have been put off so of late ? citt. the very question that i put t'other day my self ; and 't was answer'd thus. that the nation could not be happy , but in the preservation of the goverement , as it is establisht by law : for the tearing of the law to pieces , must needs distract the people , when they have no rule to walk by : that a great many worthy persons were disappoynted in the elections , by being misrepresented to the people : that by these practices , diverse persons were obtruded upon the nation , of remarkable disaffections both to church , and state : and that therefore , i suppose , they might be put off , to the end that some other distempers might be composed , before their meeting . bum. well! and what return did'st thou make him ? citt. i told him , he smelt of the court ; and that he had a pope in 's belly ; and so i would have no more to do with him . bum. these people are grown strangely bold of late . but perseverance is a grace , citt , that will carry us on , thorough thick and thin . citt. now thou talkst of a grace , bumpkin ; there is not any action , or profession , in human life , without its peculiar graces . there are the graces of the tubb , and of the pulpit ; the quack , and the doctor ; nay , the academy , and the padd . as the scotch-man sayd of du vall , that was truss'd up for the high-way . by my saule ( sir , says he ) it would have done your heart good to have seen that gentleman upon action . one man becomes the bench ; another the stage : and ye shall see one man robb a church with a better grace than another erects an hospital . bum. and then we call a well-affected brother , a babe of grace . citt. that 's somewhat near the matter , bumpkin ; for the grace that we have to do withall , is only a certain gift of impulse that disposes a man to the exercise of his trade , and calling . as for example ; what 's a pick-pocket the better for his skill in diving , if he has not the grace to keep his hands in ure ? but now for thy perseverance thorough thick and thin ; there 's more in that , perhaps , then thou art aware of ; for there 's a difference betwixt staring , and stark mad . bum. i prethee be clear citt , that we may understand one another . citt. the dutch have a very good proverb , heaven helps the strongest , ( they say ) so long as providence is on our fide bumkin , all 's well ; but i 'm not for running my head against stone walls . bum. but how far must we go then citt , and whither next ? citt. take me for thy guide bumkin , and my life for thine thou shalt never miscarry . the game we have to play is a kinde of trick-track : ( but what do i talk of trick track to a bumkin ) the great nicety is to know when to go off. bum. so that in some cases i finde we may go off : but why must i swear so damnably against flinching then ? citt. because we are bound in honour bumkin , not to flinch . but if the cause it self flinches , who can help it ? bum. what do ye think then of the five scottish martyrs , who maintain'd it to the death that the killing of the arch-bishop was no murther ; and the rising , no rebellion . and yet ( as i take it ) their cause had flinch'd to some tune , when the whole party was either cut off , routed or taken prisoners . citt. as a friend , bumkin , the world is made up of fools , and knaves , some are to act , and others to contrive ; the fools are to keep up the claim , and the knaves , when time serves are to take possession . bum. well , but what must become of us in the interim then ? citt. the interim , ( as thou calst it ) is a kind of inter-regnum ; wherein we are absolv'd ( as it were ) by a certain extraordinary dispensation from all bonds , civil , and moral , till we can get uppermost again . bum. so that here are two providences , one upon the heel of the other . the one in turning all our oaths , and promises , in the interval , into nullities ; and the other is an allowance of us to make the best of the first opportunity . citt. that 's well collected : for all oaths , and promises are void , when the thing promised ceases to be in our own power : and an oath that was made in the flesh , may be broken in the spirit . bum. deliver me ! here 's truman just upon us . if he talks again stand to him citt. citt. the rogue has us in 's eye ; and there 's no slipping into the wood ; but let me alone with him . enter truman . tru. well met gentlemen . what ? you 'r for a mornings draught at hamstead ( i suppose ) . i 'le e'en back again and keep ye company . citt. if you please sir , 't is a fine walk . tru. so , and how go squares since the crash we had yonder at — what do ye call the place ? citt. oh , very well , there 's a book come out that proves a man may talk of religion , and government as learnedly over a dish of coffee , as over a ●ot of ale. — there 's a bobb bumkin , by the way of tom and dick — ( aside . ) tru. look ye , here 's the book . i ha' just read it over . bum. pray let me see 't a little . — ay , here 't is : i wonder in my heart what the man means by putting strange , and strangely ; and strange and stranger again , in the th and th pages here , in the great black english letter , so different from the rest of the book . tru. nothing in the world but a high-flight of wit ; as if a man that is in trouble , should cry , o this villanous , rascally care ! or tell a glavering cur that fawns upon ye to your face , and bawls at ye behinde your back , oh! y' are curtis , sir. bum. well , but i 'm with you once again . what do ye . think of your university-dull-man there , pag. . with his , o lord , make these young willows to grow up to be old oaks , that they may become timber , fit to wansoote thy new jerusalem . tru. upon my credit , this dulman was a presbyterian ( for your divines have , here and there , an vniversity-man among them ! and it was another of the same stamp , that told god almighty in his prayer ; lord ; if thou didst but know what our friends suffer now in ireland , &c. citt. pray'e let me have a word now . how will ye justify the calling to mind , relating , and printing , ( notwithstanding the acts of oblivion ) all the evils of our late rebellion ? as we finde it charg'd . pag. . tru. nay , rather ; citt , how will you acquit your selves , either to god , or man , for doing the same things over again ; if it be so heinous for other people to remember them ? as if a pardon for one rebellion , were an authority for another . citt. pray'e let me read this passage to ye here , pag. . he that is not against us , is with us . and i never heard he ( speaking of l'estrange ) ever wrote against catholiques ; except it were a protestant catholique ; ( and that ( he says ) is a soloecism . ) but he has pepper'd the presbyterians . a protestant ( he says ) is a lutheran ; and a catholique the characteristicall note of a christian ; and it seems , he would have the church of england stick up her bristles , and disown all fellowship with protestants abroad , and knock out all non-conformists brains at home ; as the only way to prevent popery : what do ye think on 't ? tru. why i 'le tell ye citt ; you never writ against incest ; are ye for it therefore ? l'estrange never writ against the alcoran ; is he therefore a mahumetan ? neither do i find any thing you have cited of him , but what is true , and warrantable . you say he has pepper'd the presbyterians ; and the world knows they have need of seasoning . but why the bristles of the church of england ? for the beasts , ye know , are all in the purlews . nor does he speak one word of dividing from protestants abroad ; only upon dr. oate's testimony , that the priests lye lurking among the non-conformists , he very honestly advises the ferretting of the conventicles : and this your authour calls forsooth , the beating out the brains of the non-conformists . blesse me gentlemen ! is this the pillar of your profession ? the mouth , and advocate of your cause ? why there 's not one grain of common sense , honesty , or good manners in 't ; not a ragg that would not bring a scandall upon a dust-cart . citt. you may value 't as you please ; but he has done as much in his narratives for the protestant religion , it may be , as any man , and with as good applause too , though they pass in other peoples names . bum. 't is an admirable piece , that of his about the fires , and several other things too , really that would make a mans heart ake . tru. if thou mean'st by way of compunction , bumpkin , i cann't imagine how one man can repent of another mans sins . but i suppose thou speak'st of earth-quakes , and signs in the ayr ; which are enough to make a mans heart ake indeed . citt. and then for his style , truman , he has a copia verborum , for all sorts and sizes , of matters , and men ; as rogue , rascall , knave , villain , traytor , trash , trumpery , trinkets , and so forth , till this time twelvemoneth . i 'le undertake he shall pelt ye a cathedral-man four and twenty hours by shrewsbury clock , and not call him twice by the same name . and then on the other side , if he has the hap ( in the heat of his carier ) to stumble upon a poor dissenting brother , he licks his lips upon 't , and pours forth nothing but milk and hony : oh the precious ones , the chosen of the lord , and more heavenly epithetes then would lie betwixt this and high-gate . tru. but has he any languages too ? citt. if you had him but one half-hour upon the talking-pin , you 'd swear that he had swallow'd calepines dictionary whole , and spew'd it up again ; and such a memory — tru. these are wonderful faculties gentlemen , to qualifie a man to be the advocate of a party . citt. but what if the gentleman were as despicable as you make him ? what 's that to our profession ? tru. oh very much ; for if the be your representative , you speak in him ; and he does but blunder , raile , falsify , and cobble , in your name , and by your commission : if it be otherwise disown him . but what is your profession , first ? citt. we do professe our selves to be loyall subjects to his majesty in his just authority ; and true protestants , according to the pattern and practice of the best reformed churches . tru. that is to say , in plain english , you are covenanteers . citt. well , but i hope a man may be both a good subject , and a good christian ; and yet a covenanter . tru. can he be a good christian that reviles the mother of our blessed saviour , that stabs the babe in her arms , in effigy : that decryes the lords prayer , as apocryphal , that robs caesar of his due , and consecrates his profession , with violence , and blood ? or can he be a good subject , that gives laws to his sovereign ; nay that takes away his crown , and his life , and tramples upon his fellows as his slaves ? citt. why what 's all this to the covenant ? tru. yes , by that covenant , all this was done : and by that convenant , vnrenounced , all this must be done again , whenever in your it , or that power . nay you are covenant-breakers in the not doing of it ; if you were covenant-keepers in the doing on 't . citt. well ; but the business of the covenant was only to deliver the king out of the hands of the papists , to demolish all monuments of superstition and idolatry , and to settle a thorow reformation . all the mischief fell in by the by. tru. very good ; and you took him out of the hands of papists , to deliver him into the hands of the executioner . did ye not ? truly a high obligation . and then for your zeal against idolatry , a rich crucifix , that was an idol in a papists hand , became a moveable in yours ; for commonly what ye took , ye sold : and your thorow-reformation ended in a sacrilegious rapine and confusion . and so you 're wellcome to your journeys end. the end. notes, typically marginal, from the original text notes for div a -e swearing and lying governs the word . swear seldom , but to purpose . religious swearing , and profane . consciences harden by degrees . the tye of an oath . the use and danger of oaths . the project and mi●●ery of thee covenant . the covenant had all the following oaths in the belly of it . the good old cause cools of late . the fanaticks gain'd little ground till of late . no end of papists . how to know a papist . how far the faction acted prudently , the oversight of the fanaticks . poachers have destroy'd the game . much blood turns rage into pitty . rash enformers scandalife better evidence more hasle then speed . rules of policy vary with the matters they are to work upon . practises in elections . the wisdom of the long parliament . the composition of a popular oath . change of accidents produce change of resolutions . natural faculties in swearing . a casuistical oath . cases of conscience . the saints shew a text for all they do . a nice point . swearing with a salvo . vulgar shifts . against swearing without profit . of conference and invention in swearing . the advantage an old covenanter has of a novice . true & false only matter of opinion . lyes tacit and expresse . a thorough reformation . a partial and a thorough reformation . the end of this reformation . the reformers two topiques . their act and diligence . several ways of lessening authority . the language of nature above that of comp●ct . a lie without a word speaking . of fibbing in words at length . a ly , or figment of creation . the protestant domestiques mistake . intentions not liable to proof . the force of the word affected . no matter by what means , so we gain the end. composition . a lye of substraction . the artificial improvement of substraction . papers the true fireballs . pamphlets governs the land. kissing goes by favour . the figment of addition . amplification . a wonderfull aggravation . better at oaths and fibbs then arguments . swearing and lying the best arguments . two ways of reply , reason and clamour . little pugg's a witty fellow . another shrewd head-piece . pugg's logique . of subjection & dominion . a secret. some body help me out . the lady . no blabb . have a care of the thrid-merchant ▪ matters of state. the old topique , several sorts of graces . of perseverance . absolution from oaths and promises . tom and dick a high-flight of wit. a learned piece . pugg the mouth of th● cause . puggs narratives . puggs faculties . ●he cove●anting chri●●ian and sub●●ct . a new-years-gift for mercurius politicus kilburne, william. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing k thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) a new-years-gift for mercurius politicus kilburne, william. sheet ([ ] p.) printed by thomas milbourn in jewen-street, near jacobs-well, london : [ ] verse - "the season of the year require's". signed at end: w. kilburne. a satire. annotation on thomason copy: "xber [i.e., december] . .". reproduction of the original in the british library. eng political satire, english -- th century. great britain -- politics and government -- - -- humor -- early works to . a r (thomason .f. [ ]). civilwar no a new-years-gift for mercurius politicus. kilburne, william. d the rate of defects per , words puts this text in the d category of texts with between and defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion a new-years-gift for mercurius politicus . the season of the year require's both gratitude and grate-ful fires , to warme the body and the mind of friends , both debonary and kind . each man consult's for him what 's best , and now recount's his interest . the nobles to their kings present some precious gemm , or ornament ; the peasants of their lords address their rural christ-mas charites ; the clients to their lawyers give such thanks , whereby their causes thrive ; who , to their persons will be nigh , approve , their interest will not lie ; for if you will a saint appear , your offring must renew the year ; sir john ! he cannot hold forth right , unless cramm'd capons him invite . is 't possible a ju●●ice can at new-years-tide turn pellican ? or that the clerks revenew be kisses from bawdes without a see ? no , no! their rents are better paid , else peace might for poor-john go trade . will any think , will lilly write's for sweden , ( though the king now bite's his fingers ends , and would have feign his chain at golden-burg again , ) b●t that the old years starrs portend , the king at dco●ns-day will him send a medal , for a xenium , made of the danes old kettle-drum . no man ( that 's wise , ) but will review his interest , whether false , or true , either in state affaires , or lesse , ( but fooles , you know , they cannot guess . ) then since that maxim is so clear , adieu to the old julian year . my int'rest leads me to preferre the new-year in thy character . politicvs intelligencer ; ( as famous as old megg spencer , ) pragmaticus ; the spy ; what not ? britanicus ; the counter-plott of hell ; the hawkers various legion ; the mercury o' th' infern region ; one that 's new come from new-gate for to be the scots compurgator ; to sate the case of england right , and clear the presbyterians fight ; to make the royallists confess king charles to be eteocles ; and the rude levellers convince that lucifers their lawful prince ; no regiment like a free-state , valour and arts to propagate . none but the king's long parliament to be our supream government ! all this and more , in forty nine , is vough'd from francis guicciardine by thee , thou many-headed beast , thou pimp for ev'ry interest ! no sooner yet old noll conspire's to wing his phanton desires , and to usurp the supreme power , but then le vostre servitour ! the case is alter'd then ( my lord ! ) a parliament ! the most abhorr'd , contemptible , prodigious rout. the mockery , reproach , and flout of our new turn-coat ▪ pamphlettor , in praise of his lord proditor . but when god's providence depos'd our short-reign'd lords , and ( unsuppos'd , ) restor'd the noble parliament , come let me speak ! mar. nedham , gent. recraft's his cursed perfidie , and say's , that interest will not lie : and who but he ! ( for old john cann no more can do , than can a man ! he write's against the cavalliers , and pull's the presbyterians eares : he cures the wounds , which late he gave to th' parliament's repute : the brave she general , my lady doll , he brings to the tower without control . but when ambition move's the sphaer , and lambert will have no com-peer ; and that a second violence ( acted with traytr'ous insolence , ) is offer'd to the parliament , ( one day , we hope , which they ' l resent ! ) who but politicvs again ! sir arthur , and hab. morley's slain ! monck , lawson , land , and sea 's subdu'd ! the cittizens ( like buzzards ) mewed ! the devil and his damm to-boot have brought the lunars under foot ! our newes do's more in print , than we from ports-mouth , or else where can see ! we call free-parliaments , and then send them as free to th' moon agen , or to the grand abyss ; for yet at wallingford they have not set . thou juggling damn'd imposter ! pray , thou yet mayst live one new-years day ; and not like doctor lamb be palted , till tiburne ha's thy crest exalted . expect no mercy , or reprieve ! it 's better than thou shouldst deceive the world again , the world should be annihilate : what need have we of such an arch-ardelio , when there are so many honest men ? who friends are to the good old cause , our native liberties , and lawes ; and are not mercenary sephs , no robinsons , nor deanes , nor goffs . if thou survive , th'art such a pest , as will all nature's frame infest , that 's habitable ; begg we then , thou mayst be quickly trust . amen . it's time ill spent to treat on thee , 'till th'ast been at the triple-tree : and then thy life we- 'l descant on , after thy last confession : and all the ballad-mongers , ( slaves to thee , and such a pack of knaves , ) in doleful tone thy dirge shall sing , of pagan fisher's own making ! for he 'l pentameters ( most sure , ) as good as ovid ha's , procure . impunitas peccati praebet ansam peccandi . w. kilburne . london , printed by thomas milbourn in jewen-street , near jacobs-well . by the king, a proclamation for prising of wines england and wales. sovereign ( - : charles ii) approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing c estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) by the king, a proclamation for prising of wines england and wales. sovereign ( - : charles ii) charles ii, king of england, - . broadside. printed by the assigns of john bill and christopher barker ..., london : / [i.e. ] "given at our court at whitehall the seventeenth day of january, / . in the eight and twentieth year of our reign." imperfect: folded, with very slight loss of print. reproduction of original in the huntington library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng wine and wine making -- law and legislation -- england. liquor laws -- england. great britain -- history -- charles ii, - . great britain -- politics and government -- - . - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - john pas sampled and proofread - john pas text and markup reviewed and edited - pfs batch review (qc) and xml conversion by the king. a proclamation for prising of wines . charles r. whereas by the stature made in the twenty eighth year of the reign of king henry the eighth , for prising of wines , it is provided , that the lord chancellour , lord treasurer , lord president of the kings most honourable council , lord privy seal , and the lord chief iustices of each bench , or five , or four , or three of them , shall have power and authority by their discretion to set the prices of all kind of wines , as in the said statute is expressed ; by vertue whereof , the lord chancellour , lord treasurer , and the lord chief iustices of each bench , have ordered , that canary wines be sold in gross , at thirty six pounds the pipe , twelve pence the pint by retail ; tents and malagaes in gross , at thirty pounds the butt , and ten pence the pint by retail ; that allicants , sherries and muscadels , be sold in gross , at twenty seven pounds , and nine pence the pint by retail ; that french wines be sold in gross , at thirty six pounds the tun , and twelve pence the quart by retail ; and that rhenish wines be sold in gross , at nine pounds the aulm , and eighteen pence the quart by retail : and according to these rates ( and no higher ) in proportion for greater or lesser quantities , either in gross or by retail ; and that none presume to sell at higher prices during the year next ensuing , to be accounted from the first day of february , in the year of our lord god . now that all cause of excuse from such as inhabit in remote parts of this realm , and that such as shall be found delinquents therein , may acknowledge their own wilfulness to be the cause of the danger and penalty they fall into after advertisement , his majesties will and pleasure is , and by the advice of the said lords , and the rest of the privy council , according to one other statute in that behalf made , in the fourth year of the reign of his most noble progenitor king edward the third , by this his royal proclamation doth publish and declare , that for one year next following , to be accounted as aforesaid , canary wines be not sold in gross , at above thirty six pounds the pipe , and twelve pence the pint by retail ; and that tents and malagaes be not sold in gross , at above thirty pounds the butt , and ten pence the pint by retail ; and that allicants , sherries and muscadels be not sold in gross , at above twenty seven pounds at butt , and nine pence the pint by retail ; and that french wines be not sold in gross , at above thirty six pounds the tun , and twelve pence the quart by retail ; and that rhenish wines be not sold in gross , at above nine pounds the aulm , and eighteen pence the quart by retail ; and according to those rates ( and no higher ) in proportion for greater or lesser quantities , either in gross or by retail . which rates and prices his majesties pleasure is , shall be duly observed in all his ports and other places within this realm where wines are landed , or within ten miles of those ports and places . and it is his majesties pleasure , that in those places where wines by land-carriage shall be conveyed more then ten miles from the next port , the several sorts of wines aforesaid shall and may be sold according to the rates aforesaid , with an allowance not exceeding four pounds the tun ; and one peny the quart for the carriage thereof every thirty miles , and according to that proportion , and not at greater rates ; strictly charging and commanding such of his majesties subject , and others whom it may concern , that none of them ( during the time aforesaid ) presume to sell any of the said wines in gross , or by retail , at higher rates than by this his majesties proclamation are appointed , under the forfeitures and penalties mentioned in the said statutes , and other the laws and statutes of this realm orvained in that behalf , and such further pains and penalties as by the laws and statutes of this realm can or may be inflicted upon wilful contemners of his majesties royal command and proclamation ; requiring and commanding all mayors , sheriffs iustices of the peace , customers , comptrollers , and other officers of his majesties ports , and all others whom it shall concern , diligently to observe , take notice of , and attend the execution of this his royal pleasure , and to give information to the lords and others of the privy council , of the delinquents , that they may be proceed against , and receive punishment according to their demerits . given at our court at whitehall the seventeenth day of january , / . in the eight and twentieth year of our reign . god save the king. london , the speech of the president de la tour, envoy extraordinary from his royal highness the duke of savoy to his majesty at his first publick audience novemb. , . la tour, filliberto sallier de. approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing l estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the speech of the president de la tour, envoy extraordinary from his royal highness the duke of savoy to his majesty at his first publick audience novemb. , . la tour, filliberto sallier de. broadside. re-printed by the heir of andrew anderson ..., edinburgh : . "published by authority." reproduction of original in the bodleian library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng great britain -- history -- william and mary, - . great britain -- politics and government -- - . - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion the speech of the president de la tour , envoy extraordinary from his royal highness the duke of savoy , to his majesty , at his first publick audience , novemb. . . published by authority . sir , his royal highness my master does by me congratulate your sacred majesties glorious accession to the crown ; it was due to your birth ; deserved by your vertue , and is gloriously maintain'd by your valour : providence had design'd it for your sacred head , for the accomplishment of its eternal decrees , which after a long patience , do always tend to raise up chosen souls to repress violence , and protect justice . the wonderful beginnings of your reign , are most certain presages of the blessings which heaven prepares for the uprightness of your intentions ; which have no other scope than to restore this flourishing kingdom to its greatness and break the chains which europe groans under , this magnanimous design , worthy of the hero of our age , fill'd his r. h. at first with inexpressible joy ; but he was constrained to conceal it in the secret of his heart : and if at last he has been free to owne it , he is oblig'd to the very name of your majesty for it , since that alone has made him conceive some hopes of liberty , after so many years of servitude . my words , nor the treaty which i have sign'd at the hague with your majesties minister , do express but weakly the passion which my master has to unite himself by the most inviolable ties to your service . the honour , sir , which he has to belong to you by his birth , has tyed the first knots of this union ; the infinite respect which he has for your sacred person , has , as it were , knitted them faster , and the generous protection which you are pleased to grant him , will without doubt , make them indissoluble . these are the sincere sentiments of his royal highness , to which i dare not add , any thing of mine ; for how ardent so ever my zeal may be , and how profound the veneration which i bear to your glorious atchievements ; i think , i cannot better express , either than by a silence full of admiration . edinburgh , re-printed by the heir of andrew anderson printer to their majesties , . an ordinance of the lords and commons assembled in parliament for every second tuesday in the moneth to be a day of recreation for schollers, apprentices, and servants england and wales. parliament. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing e ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) an ordinance of the lords and commons assembled in parliament for every second tuesday in the moneth to be a day of recreation for schollers, apprentices, and servants england and wales. parliament. broadside. printed at london for john wright ..., [london] : . at head of title: die veneris ii iunii . "die veneris ii junii . ordered by the lords assembled in parliament that this ordinance be forthwith printed and published. joh. brown cler. parliamentorum." reproduction of original in the harvard university library. eng great britain -- history -- civil war, - . great britain -- politics and government -- - . a r (wing e ). civilwar no die veneris iunii . an ordinance of the lords and commons assembled in parliament for every second tuesday in the moneth to be a day england and wales. parliament a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion die veneris iunii . an ordinance of the lords and commons assembled in parliament for every second tuesday in the moneth to be a day of recreation for schollers , apprentices , and servants . forasmuch as the feasts of the nativity of christ , easter , whitsontide , and other festivals commonly called holy-dayes , have beene heretofore superstitiously used and observed , bee it ordained by the lords and commons in parliament assembled , that the said feasts of the nativity of christ , easter , and whisontide , and all other festivall dayes , commonly called holy-dayes , be no longer observed as festivals or holy-dayes within this kingdome of england and dominion of wales , any law , statute , custome , constitution , or cannon to the contrary in any wise notwithstanding : and to the end that there may be a convenient time allotted to schollers , apprentices , and other servants for their recreation , be it ordained by the authority aforesaid , that all schollers , apprentices , and other servants shall have such convenient reasonable recreation and relaxation from their constant and ordinary labours on every second tuesday in the moneth thorowout the yeare , as formerly they have used to have on such aforesaid festivals , commonly called holy-dayes . and that masters of all schollers , apprentices , and servants shall grant unto them respectively such time for their recreations on the aforesaid second tuesdayes in every moneth , as they may conveniently spare from their extraordinary and necessary services and occasions . and it is further ordained by the said lords and commons , that if any difference shall arise betweene any master and servant concerning the liberty hereby granted , the next justice of peace shall have power to heare and determine the same . die veneris junii . ordered by the lords assembled in parliament , that this ordinance be forthwith printed and published . joh. brown cler. parliamentorum . printed at london for john wright at the kings head in the old bayley . . a proclamation of his majesties grace, favour, and pardon to the inhabitants of his county of lancaster england and wales. sovereign ( - : charles i) this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing c ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing c estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a proclamation of his majesties grace, favour, and pardon to the inhabitants of his county of lancaster england and wales. sovereign ( - : charles i) charles i, king of england, - . broadside. by l. lichfield ..., [oxford : ] at head of title: by the king. "given at our court at oxford, the ninth day december, in the eighteenth yeare of our reigne." imprint suggested by wing. reproduction of original in the bodleian library. eng proclamations -- great britain. great britain -- history -- civil war, - . great britain -- politics and government -- - . a r (wing c ). civilwar no a proclamation of his majesties grace, favour, and pardon to the inhabitants of his county of lancaster england and wales. sovereign a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion c r honi soit qvi mal y pense royal blazon or coat of arms by the king . ¶ a proclamation of his majesties grace , favour , and pardon to the inhabitants of his county of lancaster . whereas we have taken notice , that by the malice , industry , and importunity of severall ill-affected and seditious persons in our county of lancaster , very many of our weake and seduced subjects of that our county have not only beene drawne to exercise the militia , under colour of a pretended ordinance , without and against our consent , ( a crime of a very high nature , if we would strictly enquire thereinto ) but have made contributions of plate , money , and horses , towards the maintenance of the army now in rebellion against vs ; we doe hereby publish and declare , that we are gratiously pleased to attribute the crimes and offences of our said subjects of that county , to the power and faction of their seducers ; who , we beleeve , by threates , menaces , and false informations compelled and led them into these actions of undutifullnesse and disloyalty towards vs ; and we doe therefore hereby offer our free and gracious pardon to all the inhabitants of our said county of lancaster , for all offences concerning the premisses committed against vs , before the publishing of this our proclamation , except george booth , and richard holland esquires , against whom wee shall proceed according to the rules of the law as against traytours and stirrers of sedition against vs , and whom wee doe hereby require all our officers and ministers of iustice , and all our loving subjects whatsoever , to apprehend , and cause to be kept in safe custody till our pleasure be further knowne . provided , that this our grace shall not extend to any person , who after the publishing this our proclamation shall presume by loane or contribution , to assist the said army of rebells , to assemble and muster themselves in armes without authority derived from vs under our hand , to enter into any oath of association for opposing vs and our army , or to succour , or entertaine any of the persons excepted in this our proclamation or in our declaration of the th of august . but we must and doe declare , that whosoever shall henceforward be guilty of the premisses , or of either of them , shall be esteemed by vs , as an enemy to the publike peace , a person disaffected to vs , and to the religion and lawes of the kingdome , and shall accordingly receive condigne punishment , of which we give them timely notice , that they may proceed accordingly at their perills . and wee doe hereby will and require our high sheriffe , commissioners of array , iustices of the peace , and all other our officers , and loving subjects to resist , oppose , and apprehend all such persons as shall presume to make any leavies in that our county , upon what pretence soever , without authority derived from vs under our hand . and we likewise will and require them , and every of them to be assistant to all such as shall either command the traine bands of that our county , or make any leavies in the same , by vertue of commission under our great seale , or signe manuall . ¶ given at our court at oxford , the ninth day of december , in the eighteenth yeare of our reigne . god save the king . by the king, a proclamation for the banishing of giles mompesson england and wales. sovereign ( - : james i) approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a stc estc s ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) by the king, a proclamation for the banishing of giles mompesson england and wales. sovereign ( - : james i) james i, king of england, - . broadside. by bonham norton, and iohn bill ..., imprinted at london : m.dc.xxi [ ] "giuen at our palace of westminster the thirtieth of march, in the nineteenth yeere of our reigne ..." reproduction of original in the henry e. huntington library and art gallery. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng mompesson, giles, -- sir, - ? proclamations -- great britain. great britain -- history -- james i, - . great britain -- politics and government -- - . - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion royal blazon or coat of arms ¶ by the king. ❧ a proclamation for the banishing of giles mompesson . whereas giles mompesson , late knight , for great and insufferable crimes by him committed , to the abuse of his maiestie , and grieuous oppression of his subiects , hath by the high court of parliament beene declared to bee degraded of the order of knighthood , and sentenced and adiudged to susteine and beare other punishments , as by the record of the foresaid iudgement appeareth : the kings most excellent maiestie approouing in all things the iust proceedings and sentence of the same his high court of parliament ; which to preuent , the said mompesson ( while the matters were in examination ) escaped from his keeper , and fled , and is not now to be found . neuerthelesse , his maiestie ( desiring to assure all his louing subiects , how hatefull and offensiue it is to his maiestie , that his people should be so iniured , molested , vexed or oppressed , and willing by the seueritie of his iustice to deterre all others from any like attempt or enterprise hereafter ) hath resolued ( ouer and besides all the punishments inflicted vpon the said mompesson , by the iudgement of parliament ) to adde this further punishment , in detestation of his offences , vtterly to banish and expell the said giles mompesson out of his realmes of england , scotland , and ireland , and all other his maiesties dominions , as a person infamous and vnworthy to partake of any the comforts of his maiesties happy gouernment . and therefore his maiestie doth hereby expresly charge and command , that the said giles mompesson , if now he be abiding within any of his maiesties dominions , doe forthwith , after the publication hereof , depart and withdraw himselfe out of the same : and that after such his departure , or if he be now in any parts out of his maiesties dominions , that he doe not at any time hereafter returne into the same or any of them , vpon paine to incurre , not onely the seuerest & vttermost execution of the said sentence and iudgement of parliament , but the forfeiture of whatsoeuer he may forfeit to his maiestie , and of all such further punishment as his maiesty in his kingly power and prerogatiue may inflict vpon him . giuen at our palace of westminster the thirtieth of march , in the nineteenth yeere of our reigne of great britaine , france , and ireland . god saue the king. ❧ imprinted at london by bonham norton , and iohn bill , printers to the kings most excellent maiestie . m.dc.xxi . an admonition to my lord protector and his council, of their present danger, with the means to secure him and his posterity in their present greatnesse: with the generall applause and lasting tranquility of the nation,. j. h. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing h thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) an admonition to my lord protector and his council, of their present danger, with the means to secure him and his posterity in their present greatnesse: with the generall applause and lasting tranquility of the nation,. j. h. heath, james, - , attributed name. howell, james, ?- , attributed name. [ ], , [ ] p. [s.n.], london, : printed in the yeer . preface signed: j.h. attributed, without evidence, to james howell by dnb and others; wing assigns to james heath, following a notation in the bodleian copy. cf. nuc pre- imprints. the final leaf is blank. annotation on thomason copy: "october d". reproduction of the original in the british library. eng cromwell, oliver -- - -- early works to . great britain -- politics and government -- - -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason e _ ). civilwar no an admonition to my lord protector and his council, of their present danger,: with the means to secure him and his posterity in their prese j. h. b the rate of defects per , words puts this text in the b category of texts with fewer than defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - angela berkley sampled and proofread - angela berkley text and markup reviewed and edited - pfs batch review (qc) and xml conversion an admonition to my lord protector and his council , of their present danger , with the means to secure him and his posterity in the present greatnesse : with the generall applause and lasting tranquility of the nation , london , printed in the yeer . the preface . my lord , my passionate inclinations to the lasting peace of my countrey , have made me so presumptuous , as to prescribe to your highness and council a more perfect remedy for its ill healed wounds , than i have se●en yet applied : but i would not be thought so impudent , as to offer at the instruction of so great masters in the art of government , but onely to put you in mind of those things , that the multiplicity of your greater affairs have made you forget to consider . and lest your highness should want leasure to peruse the papers of an obscure and unknown person , i thought fit to commit them to the press , that some of your council or friends ( at least ) may inform your highness how much is pertinent in them , not doubting but you will think those more your friends , that give you a timely notice of your own and your countreys danger , than those , who by a servile flattery , becalm you to your ruine ; which none shall be more ambitious to prevent , then my lord , your most humble , and faithfull servant , j. h. an admonition to my lord protector , and his council , of their present danger , &c. to begin such a businesse as this methodically , we are first to shew the just exceptions the people and souldiery have to this plausible elective form of government , so well intended by your highnesse and councill ; next those to your persons , with the dangers ensuing thereupon to your selves and the nation : and lastly , the onely means of a totall and lasting prevention . and i must ingenuously confesse , that there is so much seeming reason to preferre the continuall election of wise and gallant men , before the succession of kings or protectors , who may possibly prove children , or fools , or tyrants or cowards , that it may seem a wonder that the experience of all nations hath not driven them to the specious forme of elective monarchies . but the tryals they have had , have beaten them to the contrary ; for though the renown of your highness's many victories and great abilities , with your long and prosperous prepossession of the generalship , did silence the ambitious pretences of any competitours in your election , yet we must no more look for a man that hath no equals after your highnesse ; for the most eminent sort of men , are as near of a size in wit and courage , as they are in stature ; and as they are equals in virtue , so will they be in interest , at least their factions will be so near an equality , that the weaker in an army may by his cunning and industry draw in other factions from amongst the people to increase his numbers upon the common specious pretences of a reformation in religion and government agreeable to those peoples humours whom he courts , and so prepare himself to decide his pretentions by a civil war , which i may justly call the great sea of calamities that swallows up all the streams of other petty tyrannies , as not worth a name , in respect of the ruinous inundations of that many headed monster , which commonly ushers in a forraigner with it to make our miseries almost immortall . and that this is like to be our sad fate upon the election of every protector , is as certain , as that all men ( whether honest , or dishonest ) have naturally an ambition to get as much power as they can to oblige or disoblige ; and considering how naturall men overvalue themselves , i think the designs of ambitious men to be commonly just in their own thoughts , out of the confidence they have of themselvs , of excelling others in good government . but that those gallant men who run so many hazards to build up your highnesse greatnesse , should not adventure as far for themselves apart , after your highnesse death , were the greatest miracle that i have known . and to confirm this by an ancient example or two , of the wisest and most civillized people then in reputation in the world ; we will begin with the great alexander , who at his death ( it seems intending an election amongst themselves ) told his great officers , that he would leave his empire to the worthiest ; but they could so ill agree who that was , that they divided that invincible army , and each seizing upon what he could , fought it out , till they were all destroyed but seleucus : and ptolomy : and so after the death of julus caesar , was the roman empire rent by the dissentions of augustus , anthony , and lepidus , till the fortune of augustus prevailed . and in the declining of the roman empire there were severall times as many emperours as the legions in severall provinces were pleased to set up , which were sometimes three or four together for want of a due succession . and to come home to the present german empire , though it be in effect hereditary to the house of austria yet the very pretence to a free election was the principall cause of calling in the king of sweden , and reducing that strong and flourishing empire to such a wildernesse as now it is . and doubtlesse , all governments were to be rejected as pernitious tyrannies , were it not for avoiding the tyrannie of confusion , which subjects the lives and fortunes of every particular man to any small number of rogues that shall assemble at such a time of liberty . if then the publick peace be the chief end of all governments , those forms must needs be the worst which are most subject to decline to factions , though they do not immediately do so ; and of monarchies no doubt but the elective is most liable to this confusion . and though it may be objected , that the follies of a weak hereditary king may introduce the same inconvenience , i shall first answer that there is seldome such a king ; for their extraordinary educations make them knowing men , if it findes them not such . but if he be a fool , or coward , he hath subjects under him fit to command armies , and no doubt a wise council of his predecessors , who knows how to humor and govern him as well as any of his fellow fools ; and if he be a child , his minority most commonly proves peaceable , if his title be unquestionable . but it may be said he may prove a tyrant , and that i must confess , but so may an elective monarch , though he seem a lamb at his first entry , i am sure he hath more reason to be so , because he hath more of his equals or superiors in birth to fear . and if we look upon other differences of these two kinds of kings , we shall finde the elective king more necessitated to exhaust the people , both in respect of the charge of gaining and securing his present power , and leaving his posterity like the children of a monarch , and so the treasury shall be alwaies emptied into private purses , and the people a new exhausted by the next hungry prince with his necessitous kindred and dependents . so that i must conclude that every election doth certainly threaten the worst of evils , and that the inconveniences of a succession are farre lesse , and do very seldome happen by the concurrents of many ill accidents together . and i think this may serve for demonstration of the peoples exceptions , who judge by the pressures they feel . and now let us examine the distasts of the souldiery and people together to your highnesse person , and i doubt we shall finde that the greater their love and admiration once was , the more is now their hatred and your highnesse danger ; for they both looked upon you as a zealous reformer not only of tyranny , but of the very causes of it ; and ( though you acted beyond their reasons ) they thought it was because you had more reason then they , and so with an implicite faith they expected from your highnesse such a settlement , as should recompence their great expence of blood and treasure . but after the spirir had moved you to break your oathes of allegiance and supremacy ( which you took with all the members at your first entrance into parliament ) and after that your trust from the two houses upon the score of the covenant , and since again to destroy the king , weed the parliament , and at last ●ear it up by the roots , and they in the end see no other fruits of bloud and perjury , but the giving laws like a conqueror , and imposing that kind of government upon the souldiery which they have fought against , and indeed a worse : what can be feared from such a deluded army and people , but that they should as boldly draw their swords together against a protector , as the presbyterians and all sorts of independents did formerly against the king notwithstanding their own differences in opinion . certainly they will be as little scrupulous of murthering monarch by his own law , as one by all the laws of the land established , and will think your highness as guilty of the bloodshed of the nation , as they once thought the king , and there is no question but the people who finde their taxes and dangers perpetuated ( which were inconsiderable when they first quarrelled with them ) will be as forward to assist the souldiery , as they can wish them . and i think this general disaffection of the people was so evident to your highnesse , before they were exasperated by the death of the king or parliament , that you need not doubt their unanimous insurrection , if they shall be prepared and countenanced in it , when the people of single counties ventured their lives and fortunes so freely as they did before the kings death ; where it is remarkable , that a remnant of the broken and discouraged people of kent , with some small additions in essex , were able to divert my lord fairfax's army at colchester three moneths together ; if the nation had been then prepared for a generall insurrection in a day , it is probable your highnesse glories had been nipped in the bud , notwithstanding your renowned victories against the scots at that time . but it may be asked , why the people did not shew this readinesse when the scots with their king came to worcester , and the answer is , that their comming was unexpected , and in such haste , as shewed they rather came to seek then give protection , and the for-laid designes , if there were any , were ( as was then pretended ) discovered : but howsoever , there was little more then was requisite for dispersing of orders between the day of their arrivall at worcester , and that of their defeat . but the grand objection is , that the fear of the common enemy ( the king ) will alwayes keep the souldiery at unity in their obedience under your highness ; but i answer , that if a few of them should but resolve to murther your highness , and one or two more of your principall officers , which no doubt they may easily and securely do , they would find time enough to settle any form of government they pleased , before the common enemy ( who hath neither money , shipping , arms , nor friends abroad , nor any footing in this nation ) could give them any disturbance . and how far zeal may prompt those who are religious , and the ambition of sharing the government those of no religion , a wise man ought to fear ; but admit the king were landed , and considerable , the souldiery very well known by experience , how welcome even particular men are that revolt to an enemy in a doubtful condition ; much more great bodies , which may not onely make what advantagious conditions they please for themselves , but may impose upon him stricter limitations of his power , than your highness is now tied to by your protectorship , and no doubt may retain any places of benefit or strength they shall then be possessed of , for security of performance of conditions . but if the worst should happen , that he should come in a conquerer without their help , they know that a few of the great ones will onely be punished ; for reason will lead any conquering tyrant ( for his own security ) to sweeten the multitude with a general pardon and act of oblivion ; and for any scruples they may have of betraying your highness trust , i doubt they will be wiped away by their apprehensions of your first breaking yours with king , parliament , and army , and so they may probably render you a bloody requitall for the destruction of their fellow souldiers , whom you call levellers . lastly , consider the fondnesse of the people to their old forms of religion , as well as government , which you have abolished without giving the liberty to tender consciences they expected , and your highness will conclude with me , that the world affords you few others than enemies at home , and emulators abroad : and if i have told you nothing but truth . i doubt not but your generosity will think me more worthy of thanks then any of your flatterers , especially if i propose a just , safe , and honourable remedy for the mischiefs that threaten your highness and the nation . and now having sufficiently opened the wounds , i shall apply the promised cure . and it is not the lessening of your highnesse in any thing , for i am one of those that believe monarchy to be the best form of government , so as it be hereditary : for admit a monarch be a tyrant , his tyranny is mortal , and his care will be greater not to offend , than of a multitude of governors , who may lay faults upon one another , and are as subject to cruelty and avarice as the single person , so that it is better to be preyed upon by one family with its dependents , than by three or four hundred with theirs , and we may easier please the one , and have justice of him , than of the slow and factious great body , who must most of them joyn to oblige , and yet any one can by his mis-information disobliege , because the accused shall be branded with the title of a malignant , when they have not so much as leisure to hear him . and since an arbitrary power will be in all governments in those that have the possession of the militia , it is better both for defence and offence , that the general and civil magistrate should be all one , than that a gallant army and nation should be ruined , as hannibal and his carthaginians were by the delatory and malicious practises of hanno , a senator with his faction . but to return to our purpose for the satisfaction of all interests , and first for the souldiery , because they have fought hard for it , i should propose to your highnesse to have all officers of the army above the degree of captaines to have votes in your highnesse councill of state at those times that they are free from their more urgent imployments in the field . so will each souldier of the army be sure to endeavour by his extraordinary deserts to rise by degrees to the state preferment he sees his officers so justly rewarded with . then for this next parliament ( though they should not have power to alter the government ) i could wish your highnesse and councill would consult with them about your late establishment , and hear what objections they have against it . and if the parliament and army should joyn in a petition to this purpose , i presume you would not deny it . and it were better to offer at acts of grace before they were asked . lastly , if my reasons for an hereditary monarchy be satisfactory , i most humbly beseech your highnesse and council to consider whether the establishment of the succession after your highnesse in an usurping line , will not expose the nation to all the miseries i have mentioned in an elective government , and if this be doubted , be pleased to look over our own chronicles , and you shall find variety of examples , without going further then the time of the conquest . for first , harrold by his usurpation encouraged and occasioned the conquest of england ; then was there another deluge of blood occasioned by the usurpation of henry the first ; and again what slaughters and rapines did this miserable nation endure by the unjust ambition of king stephen in detaining the crown from maud the empresse , which fire could not be quenched but by the succession of her son the right heir , which was at last agreed to by king stephen . but to come nearer home , you shall find that henry the fourth saw his country bleed in his life-time for his usurpation , though he came in with the generall good liking of the people , and thought he ha● secured himself by the kings murther . but though his industry secured the crown to his son , yet was his sons death conspired by his principall friends just as he was setting out for the invasion of france ; but that conspiracy being detected , he by his unparallelled vertues and successes and the weaknesse of the true heir , avoided during his short life any storms at home . but they fell most heavily upon our flourishing countrey in his successor henry the sixths time who could never have lost the crown by his weaknesse if his title had been good ; as appeareth by the notable contention between him and edward the fourth , but between them were many thousands of orphans and widows left weeping over their own and their countreys desolate and bloudy ruines ; and at last the ambition of henry the fourth was justly punished in the ruine of his grandchild , and a hatefull memory for his unjust ambition and the sad consequences of it . but if these examples do not sufficiently convince , the reason of the thing doth , for there will alwayes be a conscientious and a necessitous party for the true heir in any nation against an usurper ; besides malecontents which are still the greatest number because many must necessarily be injured , and more unrewarded that think they deserve it , and even all men that are unconcerned will be for the true heir , and be pretended lovers of justice , and with much reason must hate presidents of wrong , least they should time other time suffer it . and so i may conclude we are as certain of a civill warre from an unjust succession as from an elective government . and the incomparable miseries and ill consequences of that i have already declared , though our own experience might partly have saved me the labour . but your highnesse may think an invincible fleet a sufficient security for an island against a forreign nation that may interpose at such a time of our destructions . but i answer , that if none of your shipping should revolt , yet might our next neighbours the french ( if they should then make peace with their other enemies ) take the opportunity of the same storm that shall force your fleet in the winter into harbors to blow them over the short passage into england , if they have any party to secure their landing here . but if this be thought frivolous , i suppose i have said enough besides to make it appear that the true interest of your highnesse and your posterity with that of this kingdome to think of a treaty with charles stuart , if he will accept of the crown after your decease upon the same terms you now hold it , i mean the same councill and limitation of power , with a competent maintenance for him in the mean time , in some such remote place as you shall need lesse to fear him then you do now , if he should incline to the breach of such an agreement , as may be secured by oaths , hostages , and by the mediation of such states whose interest it is ( in respect of their greater neighbours ) to be alwayes friends to the peace of england , and by stricter ties then are here necessary to be mentioned ; besides the honesty , discretion and temper of the young man , who ( notwithstanding his great courage ) shews he inherits the mildnesse of his father and grandfather on the one side , and of his mother and grandfather on the other side , which great king henry the fourth of france after he had victoriously broken the heart of that great rebellion called the catholique league , notwithstanding received the only head of it then living the duke of main , into his protection and favour , and never took the least revenge of him or any other of that rebellious crew in all the time of his reign . but above all things the kings own interest and the good of his countrey will oblige him to bury his resentments , and both to accept and keep such conditions as redeem him and his followers from misery at the present , and secure him and his posterity in the end to the re-enjoyments of all their rights , without the slaughter or destruction of any part of his kingdomes , which he is most tenderly sensible of ; and what doubt can there be but that he will rather expect quietly the decease of an old man ( as your highnesse is ) then run an improbable hazard of all his fortunes for a few years , which he must have stayed for till his fathers death , if he had not been untimely cut off : and that he was willing to do so , your highness knowes , by his pious and earnest sollicitation then to you and the rest of the officers then with you for the saving of his life . and let me ad a very late tryal of him , when wiseman and others proposed your murther to him , he refused to consent to it , notwithstanding his interest , and the exasperation of his wants ; how then should he be feared when those motives are taken away ? but admit this were not so , you have , still all the power in your own hands , and would have the affections of the people ( which he now hath ) if he should be perfidious to their disquiet anew . if then it be clear that you are secure on the kings side , where lies the danger of this accommodation ? it is the undoubted interest of the military men to be alwaies governed by a monarch , especially if they be well provided of subordinate places under him , and the people are so passionately affected to the old line , as their onley constant security from rapine and bloudshed , that they will never be at rest till they have an oportunity to destroy the rooter up of that three great fences , of their religion , laws , and that unquestionable succession which would intirely secure them from any more disputes ; and even most of those who formerly fancyed , better forms of government , are now for falling into the old channel , out of dispair of drawing the peoples affections to their fancies , without which they know the peace of the nation can never be long preserved ; if your highnesse should yet prove one of that number , your name would be as good as it is great ; for a man may be thought reasonably to undertake indirect courses for a great and publick good , so as he leave those courses when he sees his end is not to be compassed : and if your highness do so , your curses will be turned into praises , and you may sleep again without any fear of your own guards , who otherwise are not like to scruple the murthering of so unjust a master for a greater reward than you can give them , if the present seizure of your treasure were not sufficient for them : for men of no religion will at any tine betray a person as wicked as themselves for their interest , and those that are zealous will do the same upon the score of justice , and their oaths and covenants to other forms or persons ; so that your highness can be secure of no body , nor any thing , but the rewards of injustice with infamy , for the preferring your sons advancement before your countreys security , who if he were planted can never be secured by any decrees or oaths , since both have been so commonly broken , and ought to be so , if unjustly made or taken ; and if his virtues be never so great his meer youth shall make him be despised by those that have had the start of him in successes , and the affections of the army ; and the seeming respect that is now paid him upon your highness score , shall vanish with your death , and all your family be destroyed ( like that of the great alexanders ) by your own friends and followers , if you your self should scape such a cup of poyson as he met with on such a dagger as finished the ambition of julius caesar : and now my lord , for a conclusion , give me leave to wonder at the ambition of all ill men , though they belive in no other world , since their ambition is to gain esteem , and how they should be esteemed and hated at once for the same fact , i know not , without a contradiction . if they did but consider how even wicked men hate one another for fear of receiving the same injuries from their companions which they have inflicted together upon others , they would prefer the love and admiration of mankind before the being admirably hated , which since your highnesse may so easily do , and cannot with justice , honour and safety do any thing else , it shall no more be doubted from your generosity by my lord . to the right honorable the lords and commons assembled in parliament the humble declaration and resolution of the deputy-lieutenants, colonells, captains, and officers, assented unto, and with great cheerfulnesse approved of, by the souldiers of the trained bands within the county of southampton, at the generall musters begun the day of june, . being to the number of above five thousand men, besides a great many voluntiers, who then offered to serve in person. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing t thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) to the right honorable the lords and commons assembled in parliament the humble declaration and resolution of the deputy-lieutenants, colonells, captains, and officers, assented unto, and with great cheerfulnesse approved of, by the souldiers of the trained bands within the county of southampton, at the generall musters begun the day of june, . being to the number of above five thousand men, besides a great many voluntiers, who then offered to serve in person. england and wales. parliament. house of lords. sheet ([ ] p.) july . london, printed for joseph hunscott, [london] : . with an order to print dated: die veneris, julii, . signed: joh. brown, cler. parl. the ordinance of the militia conduces to public peace, but the practices of the malignants threaten to overset it by a proclamation 'which we concieve to be illegal.' lords will insist on their formerly declared resolutions against sundry late declarations. -- steele. reproduction of the original in the british library. eng great britain -- history -- civil war, - -- early works to . great britain -- politics and government -- - -- early works to . great britain -- militia -- early works to . a r (thomason .f. [ ]). civilwar no to the right honorable the lords and commons assembled in parliament: the humble declaration and resolution of the deputy-lieutenants, colon england and wales. parliament. d the rate of defects per , words puts this text in the d category of texts with between and defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - robyn anspach sampled and proofread - robyn anspach text and markup reviewed and edited - pfs batch review (qc) and xml conversion to the right honorable the lords and commons assembled in parliament : the humble declaration and resolution of the deputy-lievtenants , colonells , captains , and officers , assented unto , and with great cheerfulnesse approved of , by the souldiers of the trained bands within the county of southampton , at the generall musters begun the day of june , . being to the number of above five thousand men , besides a great many voluntiers , who then offered to serve in person . humbly acknovvledge , that the ordinance of parliament concerning the militia , doth much conduce to the defence of the true protestant religion , the security of his majesties sacred person . the preservation of the publique peace , and priviledge of parliament , against the evills that threaten them , by forraign invasion , rebellion , or insurrection . neverthelesse , with great sence and grief of heart , we cannot but apprehend the continuall practises and attempts of the malignant party , to invalidate the said ordinance , wickedly endeavouring to crosse the settlement of the militia as aforesaid , by colour of a proclamation set forth in his majesties name , forbidding the execution thereof ; which we humbly conceive to be illegall , upon those reasons laid down in the late declaration of both houses of parliament , concerning the said proclamation ; and thereby unjustly to hazard the very being and constitution of this kingdom . therefore in pursuance of the said ordinance , and in obedience thereunto , being assembled in arms , we have thought it our duties , hereby to make our humble tender unto this honourable assembly , of our lives and fortunes , in maintenance of the said ordinance , so necessary for the defence of our religion , his majesties sacred person , the publique peace of this kingdom , the priviledge , and very existence of parliament . the lords answer . my lords have taken your petition into consideration , and receive much contentment in the good affections you have expressed 〈◊〉 seasonably and necessarily , for the good of the king and kingdom , and for their lordships 〈…〉 ent in the performance of their duty ▪ for which they give you hearty thanks : and my lords do 〈◊〉 that ( god willing ) they resolve to insist in their forme 〈◊〉 declared resolutions for the upholding the true religion , the kings authority in the highest court , whic 〈◊〉 by sundry late declarations and practises to abuse the people , they finde so much vilified and invaded , th 〈◊〉 priviledges of parliament , the free course of justice , the laws and peace of this kingdom , notwithstanding any dangers and hazards that for that cause befall them . that for the manifestation of their good affections , and their lordships kinde acceptation thereof , the 〈◊〉 have commanded your petition and this answer , to be forthwith printed and published . die veneris , julii , . ordered by the lords in parliament , that this declaration and answer be forthwith printed an 〈◊〉 published . joh. brown , cler. parl. july . london , printed for joseph hunscott . . his maiesties speech to both houses of parliament, july the th with mr. speakers speech, before the king, in the vpper house of parliament, july the , , concerning the passing of three bills, . poll-money, . star-chamber, . high commission. england and wales. sovereign ( - : charles i) this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing c a). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing c a estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) his maiesties speech to both houses of parliament, july the th with mr. speakers speech, before the king, in the vpper house of parliament, july the , , concerning the passing of three bills, . poll-money, . star-chamber, . high commission. england and wales. sovereign ( - : charles i) charles i, king of england, - . lenthall, william, - . [ ], p. [s.n.], london : . reproduction of original in the university of illinois (urbana-champaign campus). library. a review by the king of his recent concessions to parliament and a similar review by speaker lenthall of parliament's concessions to the king. eng england and wales. -- parliament. great britain -- politics and government -- - . a r (wing c a). civilwar no his majesties speech. to both houses of parliament, july the th . with mr speakers speech, before the king, in the vpper house of parli england and wales. sovereign a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - jonathan blaney sampled and proofread - jonathan blaney text and markup reviewed and edited - pfs batch review (qc) and xml conversion his maiesties speech , to both houses of parliament , july the th . with mr speakers speech , before the king , in the vpper house of parliament , iuly the d , . concerning the passing of three bils , viz. poll-money . star-chamber . high commission . london printed . thf kings speech to both houses of parliament , the fifth of iuly , . i come to doe that office which i did on saturday last , to give determination to these two bills : but before i doe it , i must tell you that i cannot but be very sensible of those reports of discontent , that i heare some have taken , for not giving my assent on saturday last . me thinkes it seemes strange that any one should thinke i could passe two bills of that importance as these were , without taking some fit time to consider of them , for it is no lesse then to alter in a great measure , those fundamentall lawes ecclesiasticall and civill , which many of my predecessours have established , &c. if you consider what i have done this parliament , discontent will not sit in your hearts ; for i hope you remember that i have granted that the judges hereafter shall hold their places , quam diu bene se gesserint . i have bounded the forrest , not according to my right , but according to the late customes , i have established the property of the subject , as witnesse the free giving , not taking away the ship-money . i have establishing by act in parliament the property of the subject in tunnage and poundage , which never which never was done in any my predecessours times , i have granted a law for a trienniall parliament , and given way to an act for the securing of monies advanced for the disbanding of the armies , i have given free course of justice against delinquents , i have put the law in execution against papists . nay , i have given way to every thing that you have asked of me , and therefore me thinkes you should not wonder if in some thing i begin to refuse , but i hope it shall not hinder your progresse in your great affaires . and i will not sticke upon triviall matters to give you content , i hope you are sensible of these beneficiall favours bestowed upon you at this time . to conclude , you know ( by your consent ) there is a prefixed time set for my going into scotland , and there is an absolute necessity for it , i doe not know but that things may so fall out , that it may be shortned ; therefore i hope you will hasten the dispatch of those great businesses that now is necessary to be done , and leave triviall and superficiall matters to another meeting . for my part i shall omit nothing that may give you just contentment , and study nothing more then your happinesse , and therefore i hope you shall see a very good testimony of it by the passing these two bills . le roy le veult . this done , his majestie said as followeth : viz. i have one word more to speake unto you , and take now an occasion to present to both houses , that whereby i hope all the world shall see that there is a good understanding betweene me and my people . it is concerning my nephew , the prince elector palatine , who having me and the king of denmarke to give to a writing concerning the dyet at ratisbone with the emperour , i could not but send my ambassadour to assist him , though i am afraid i shall not have so good an answer as i expect , which my newphew fore-seeing , hath desired me , for the better countenancing of the same , to make a manefesto in my name , which is a thing of great consequence , and if i should doe it alone , without the advice of my parliament , it would rather be a scorne then otherwise ; therfore i doe propose it unto you , that if you should advise me to it , i doe thinke it were very fit to bee published in my name . mr. speakers speech . the government of a commonwealth rests in the rules of order , and hath so much affinity and consent with the rules of nature , in the government of the world , that the first copie and mutation of the one may seeme to bee taken from the originall and first modell of the other . this contemplation ( most excellent and gracious soveraigne ) casts our eyes upon your sacred majesty , as that celestiall orbe , which never resting without the office of perpetuall motion , to cherish the lower bodies , not enriching it selfe with any treasures drawne from below , exhales in vapours from the inferiour elements , what indue season it returnes in showres . the application makes us consider our selves , those sublunary creatures which having their essence and being from the influence of those beames ( as the flowers of the field ) open to receive the glory of the sun . in this relation both contribute to the common good , your sacred majestie as a nursing father designed to bestow on your people , the blessing of peace and unity , and we as the children of obedience returne our duties and affections in aids and tributes . and this compacted in one body by the ligaments of religion and lawes , hath been the object of admiration to the whole world . amidst the distraction of forreigne nations , wee onely have sate under the shadow of our vines , and dranke the wines of our owne vintage . but your crafty adversaries , perceiving that the fervent profession of your owne religion and firme observation of our lawes , have beene the pillars of our prosperity , by subtile insinuations , pretending a politike necessity to admit of moderation in our religion , to comply with forraine princes , and suggesting it a principall in the rule of soveraignty , to require and take into , aske & have , that it must be postulare by power , not petere by lawes , and keep this misery of warre and calamity , betweene nation and nation , and put us in the posture of gaze to the whole world . but when wee behold your sacred majesty discended from the royall loines of that glorious king , which by his wisdome and policie , first ingrafted the white rose and the red , upon the same stock , and sheithed the sword that had pierced the bowels of so much nobilitie , glutted with the blood of people , and then laid the first hopes of the happy union between the nations . when our thoughts refresh themselves with that happy memory of that religious king your gracious father , on whose sacred temples both diadems were placed , wrethed about with this motto , faciam eos ingentem unam , we cannot but believe that god and nature ( by a lineall succession from those fathers of peace ) hath ordained you that lapis angularis upon which the whole frame settles , and put into the hands of you sacred majestie , the possibility and power to firme and stablish this happy union betweene your kingdomes , and so raise your memory a statue of glory and wisdome from generation to generation . in all this length of time , the assurance of this union and peace hath been the chiefe object of our desires , our purses have beene as open as our hearts , both contributing to this great work , manifested by so many subsidies already presented , sufficient in our first hopes for the full perfection . but finding that faile , have againe adventured upon your peoples property , and in an old and absolute way , new burnisht by the hand of instant necessity , expressed to the world the heart of a loyall people , and howsoever guided with a new name of tranquility and peace to your kingdome , that with more case the people may disgest the bitternesse of this pill , yet still our hearts had the same aime and object . a gift sutable to the necessity of such vast extent that time cannot parallell it by any example . and by which , if your sacred majesty vouchsafe your royall assent , wee shall not doubt you may soone accomplish those happy effects that may present your wisdome the object of wonder , and your policy to bee admired amongst the nations . finis . die lunæ, . junii. . it is this day ordered by the commons now assembled in parliament, that on the next lords day the respective ministers of the severall churches, and chappels within the cities of london and westminster, ... england and wales. parliament. house of commons. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e e thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) die lunæ, . junii. . it is this day ordered by the commons now assembled in parliament, that on the next lords day the respective ministers of the severall churches, and chappels within the cities of london and westminster, ... england and wales. parliament. house of commons. sheet ([ ] p.) s.n., [london : ] title from heading and first lines of text. imprint from wing. signed: h. elsynge cler. parl. d. com. an order of the commons that the following sunday be appointed a thanksgiving day for various parliamentary successes. reproduction of the original in the british library. eng public worship -- great britain -- early works to . great britain -- history -- civil war, - -- early works to . great britain -- politics and government -- - -- early works to . london (england) -- history -- th century -- early works to . westminster (london, england) -- history -- th century -- early works to . a r (thomason .f. [ ]). civilwar no die lunæ, . junii. . it is this day ordered by the commons now assembled in parliament, that on the next lords day the respective minis england and wales. parliament. d the rate of defects per , words puts this text in the d category of texts with between and defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion die lunae , . junii . . it is this day ordered by the commons now assembled in parliament , that on the next lords day the respective ministers of the severall churches , and chappels within the cities of london and westminster , and lines of communication and weekely bills of mortallity , doe take notice of the late severall mercies of almighty god to the forces of the parliament in the regaining and reducing of the severall garrisons of tudbury castle , dudley castle , hartlebury castle , ludlow towne and castle , and of bostoll house ; and to acknowledge and returne hearty thanks for the same . and that the lord major of the city of london be desired to take care that timely notice may be given hereof to the ministers . and mr. alderman atkin ▪ is to acquaint the lord major with this order . h. elsynge cler. parl. d. com. die sabbathi; , januarii. . lieutenant general hammond, colonel okey, and other officers of the army, this day presented a petition to the house, with a draught of the agreement of the people: the petitioners being called in, mr. speaker, by command of the house, gave them this answer. england and wales. parliament. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing l a). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing l a estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) die sabbathi; , januarii. . lieutenant general hammond, colonel okey, and other officers of the army, this day presented a petition to the house, with a draught of the agreement of the people: the petitioners being called in, mr. speaker, by command of the house, gave them this answer. england and wales. parliament. sheet ([ ] p.). s.n., [london : ] imprint suggested by wing. signed: hen; scobel, cler. parl. dom. com. reproduction of original in the bodleian library. eng hammond, robert, - . okey, john, d. . great britain -- politics and government -- - . great britain -- history -- civil war, - . broadsides -- england -- th century. a r (wing l a). civilwar no die sabbathi; , januarii. . lieutenant general hammond, colonel okey, and other officers of the army, this day presented a petition to [no entry] a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion die sabbathi ; , januarii . . lieutenant general hammond , colonel okey , and other officers of the army , this day presented a petition to the house , with a draught of the agreement of the people : the petitioners being called in , mr speaker , by command of the house , gave them this answer . gentlemen , you the officers of the army , sent by the lord general , and the officers of the army , unto this house with this petition : the house hath read your petition ; and for the agreement , presented therewith , the house hath commanded me to tell you , they have resolved to take the same into their consideration , with what possible speed the necessity of the present weighty and urgent affairs will permit . they have commanded me likewise to tell you , they finde these good affections and serious representations made in your petition , that they have ordered it to be printed . i am likewise commanded to tell you , that this house doth take notice of your faithful and great services to the kingdom , in standing in the gap for their preservation ; and commanded me to give hearty thanks to the lord general , and the officers of the army , for these good services , and the good affections you have herein expressed ; and i do , in their name , give the hearty thanks of this house to the lord general , and to you , and the rest of the officers of the army , for their good affections , great services , and cordial expressions . hen ; scobel , cler. parl. dom. com. a declaration of the lord broghil, and the officers of the army of ireland in the province of munster this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing o thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) a declaration of the lord broghil, and the officers of the army of ireland in the province of munster orrery, roger boyle, earl of, - . ireland. army. sheet ([ ] p.) printed by william bladen, by special order ; and re-printed at london by john macock, dublin : london : [i.e. ] caption title. signed at end: "broghill." i.e., roger boyle, earl of orrery [and others]. a request for the restoration of the secluded members of parliament. annotation on thomason copy: "march ". reproduction of the original in the british library. eng england and wales. -- parliament -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no a declaration of the lord broghil, and the officers of the army of ireland in the province of munster. as the freedom of parliaments is thei orrery, roger boyle, earl of c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion a declaration of the lord broghil , and the officers of the army of ireland in the province of munster . as the freedom of parliaments is their undoubted right : so are our utmost endeavours for restoring them unto , and preserving them in their freedom , our undoubted duty . our interest also is involved in our duty ; and if we truly love that , we cannot decline this ; since whosoever enquires into the foundations of his own freedom , his posterities and his countries : in a free and full parliament , as in a common center , will find them all to meet . and therefore he that is not free in his representative , hath little reason to hope he shall be so in his person or property . the theory of this truth hath not been more believed by other nations , than the practick of it hath been sadly felt by ours . for , ever since the first violence which was put upon the authority of parliament in we have been without foundation ; it having cost us more bloud and treasure to maintain confusions , than ever it did cost any former age to free it self out of them . for whilst we were fighting for our properties and liberties , we have even almost in our successes lost both ; and whilst we contended for reformation in religion , we have almost lost the very being and life of it . more heresies and schisms being introduced whilst the highest light was pretended to , than ever the darkest times were involved in ; and whilst we seemingly aspired to perfectness , we actually lost that charity which is the bond of it ; becoming thereby a reproach to our selves , and a derision to that protestant part of the world , unto which , whilst our supreme authority was inviolated , we were a bulwark : the universities and schools of learning in our nations having been looked more after to poyson them , than to keep them sound ; that not only our streams might be impure , but even our fountains ; many have been employed to teach , who stood in need to be taught ; and the legal maintenance of the ministery of the gospel conferred on men unable , unwilling or unfit to dispense it , who had less ill deserved a maintenance for their silence , than their speaking . never greater taxes raised for armies and fleets , and never fleets and armies more in arrear . taxes and impositions laid , which past ages never knew , and many thousand families of the present have been beggered by . powers have made laws , and subsequent powers disown'd and null'd what the preceding powers had acted : that now the questions are not so many , what is the meaning of the law , as , what is a law : whereby that is become a subject of debate , which formerly was a rule for ending of it . all which are yet inseparable effects of such a cause : for whilst an authority it self is disputed , their acts will always be the like ; and whilst many are unrepresented in making of laws , few will be satisfied to be obliged by them : and what is enacted by any but a full and free parliament , will always be questioned , if not repealed , when such an one doth sit : nor can it be believed that the laws of a parliament , the very much greater part of whose members are kept out without impeachment or tryal , will ever pass the test of a free parliament ; lest thereby they should encourage others to serve them in like kind . these sad miseries , and these certain truths , made us believe we hazarded more in submitting to that force that was so lately over us , than in taking up arms to oppose it ; and thereby endeavouring the restauration of the parliaments authority : in which god was pleased so to own the duty of our endeavours , that in a few days we were not only at unity among our selves , but even able and willing to offer our assistance to our brethren in england and scotland ; which had it been needed , it had been as readily sent as offered . but we must confess , we could hardly so much as imagine that those members which had so recently felt , and justly exclaimed against a force upon themselves , would when it was taken off , have deny'd their brethren to participate in that right they saw the three nations had engaged their all to restore them unto . if it be a justice to declare for the restoring of some parliament members under a force , 't is a greater justice to appear for the restoring of all that are under it : yea , as much as the whole is preferrable to a part ; so much greater is the duty of this declaring , than of that . we were more than hopeful , that when the cause ceased , the effect would do the like ; and when the rebellious part of the army was broken , those members would have been re-admitted , which hitherto , we were made believe , were kept out only by it . the happiness of the now-members restauration , and of the suppressing of those forces which lately had interrupted them , could not have been greater than the honour they would have acquired , in making those other members , which had participated with them in their sufferings , to have also participated in their restitution . we were loath by an address of that nature to have lessened the beauty of their expected performance , and had rather have enjoyed the right and happiness of having this parliament full and free , as the product of the justice of this present house , than as any effect of our sollicitations . when the violence was put upon the parliament in , we did with much contentment observe how sollicitous those that sate were to have it taken off , thereby asserting their rights , though they were denied the actual enjoyment of them ; which made us the more chearfully engage our selves to restore those to the power of doing justice , who then manifested they wanted not the will : it being a crime too great to enter into our beliefs , that they asked , because they were sure to be deny'd ; and would approve when they had the power , what they condemned when they had not the power : which , though then objected against them by many , we did not then credit , and we wish we never since had cause to believe . nor was it unobservable , that though such members of theirs as have been lately put out of the house by them , as sir hen. vane and others , were known to be guilty of joyning with that rebellious part of the army : yet they admitted them to sit in the house , till particular charges were brought in against every one of them ; they heard , and judged by the house . if such be not the true and antient manner of proceeding against members of parliament , why was it practised to those so deeply guilty ? and if it be , why is it deny'd to others , who have not hitherto appeared to be so ? doubtless such as were kept out of the house by a rebellious part of the army , merited at least as much favour and justice , as those who joyned with it . we do the more deplore such a procedure , because from it pleas have been raised for the like violence acted on the members now sitting : and happy are those who condemn not themselves in the things which they allow . what more pregnant proof need there be of the want of those worthy patriots , so long excluded , who with the earliest stood in the gap for our liberties and properties , than , that petitioning to the parliament is now punished as a high crime in the people , which at the parliaments first meeting was declared to be their undoubted right ? and though a constant experience hath taught us , that the people may lawfully petition for repealing an act of parliament which is grievous to them , and therefore much more against a vote which is so : yet to our trouble and amazement we understand those worthy and eminent persons , who in obedience to their countries desires , presented petitions for the restauration of the excluded members , an imprisonment in the tower was their answer : that , we again say , which was declared the right of the people , being now become their transgression , is it not high time to declare for that justice , which when petition'd for , is punished ? and because we know the common aspersion to such a declaration is , that it savors of a design of introducing the common enemy ; we shall here set down some of those many grounds which makes us experience , that in the duty we now ingage in , we are not to be frighted by such words : it may indeed terrifie and dare others ; but such who mean what they say , and are satisfied in what they do , will only pity those who therein believe what they speak , & contemn those who therein speak what they do not believe . we rather doubt , that if the house be kept so empty as it is , it will admit the common enemy , than the house so filled : for whilst eight parts of ten of the people are unrepresented , and two nations of the three intirely ; may not it too probably provoke those people to joyn with whoever will promise them their right , than lie under that power which hath hitherto deny'd it to them ? to keep out most of the members , that a few may keep him out ; is to do evil that good may come thereof . we love to do lawful things , lawfully . that the house ought to be fuller than now it is , seems of late to be the granted opinion of the members that now sit in it ; and that we conceive can no way so probably with safety be effected , as by admitting all those who in the year . and since , were excluded ; those being likelyest to take care of our safeties and settlement , by whose authority our actings were influenced during the greatest heat of our wars ; and therefore in interest as well as justice will be most concerned for us . and when such are admitted , there will be no fear that the necessary qualifications for those additional members to be futurely elected , to supply the vacancies of delinquent and dead members , will be disobey'd , being enacted by so unquestionable an authority ; nor that those then chosen can be able to over-vote so full a house , were that as much their design , as 't is far from our thoughts to have so unworthy a belief of them . we believe , under submission , that we have acted and fought against the pretended king , as long as any others ; and therefore ought to apprehend his coming in , as much as any others : but , through the mercy of god , our principle is not to act an evil our selves , to secure the doubts of some , that our supreme authority else would commit one . we are not to speak nor think evil of the rulers of our people ; nor out of the fear of an uncertain ill , to decline a certain duty . if the said excluded members be re-admitted , they must be either the greater or the lesser number in the house : if the lesser , where is the danger of their admission ? if the greater , where is the justice of their exclusion ? for then it will appear , that the minor number keeps out the major . and if in the apprehension , that a parliament when full and free , will abuse their authority , it be a received maxime to keep them from the exercise of it ; a certain foundation is laid for all that have the greatest force , to have also the greatest authority ; and whoever hath strength and this tenent together , may too easily be perswaded to believe , that he hath as much right over the minor part of a parliament , as the minor part has over the major . neither can any act of a supreme authority be so evil , as is the admitting that any but the supreme authority ought practically to judge what is best for the nations : the one can be but an ill act in governours , but the other is a destroying of government . vve do not desire that any of the secluded members , if they have offended , may not be tryed : but we humbly desire that they may have a parliamentary tryal . and though we much value their persons , yet we can with as much truth aver , vve ask this for their cause , not for them . and had those members who now sit , been in the condition of the excluded members , and the excluded members in their condition , we had as cheerfully appeared for these , as now we do for those . and considering that in past ages , and more particularly since the beginning of the late horrid rebellion in ireland , our brethren in england have abundantly manifested a tender and compassionate sence of the condition of ireland ; and were careful to relieve us in our lowest estate , as bone of their bone , and flesh of their flesh : which we do and shall ever acknowledge with humble thankfulness ; and ( as a debt which we well know to be due from us to them above all people in the world ) shall be for ever as tender of their happiness and welfare , as of our own , which indeed is involved in theirs , and without whom ireland cannot be happy : vve therefore remaining constant in the reasons of our brethrens declaration of the of december . for adhering to the parliament in defence of its priviledges , and the just rights and liberties of these nations ; all which we see now are apparently more and more violated by the not-admission of the said excluded members , and by not filling the vacant places , whereby the house might be full ; and being freed from force , might uninterruptedly act according to their judgements and consciences towards re-settling these nations , which otherwise in all humane probability can never be restored to peace and tranquillity . vve do therefore declare for a full and free parliament in england , consisting not onely of those that sate on the of october . but also of all such of the members of parliament , imprisoned , excluded or withdrawn in december . as are yet living ; whom we desire may be restored to the freedom and liberty of their sitting and acting , according to the trusts committed to them by the several counties and places which did chuse them ; that so they may be no longer debarred from discharging their said trusts ; and that vacant places may be speedily supplyed by free and due elections of the people : yet so , ●s none of the persons to be admitted or elected , be any of those who have been in arms , or otherwise aiding , abetting or assisting the late king or his son in the late vvar against the parliament ; or that have put rebellious violence upon the parliament : and that the house so filled , may proceed unanimously to consult the best means for re-setling the peace of the nations , the re-establishment of true religion , ( the surest foundation as of all government , so of all the happiness of a nation ) the fundamental laws of the land , ( whereby all mens rights and liberties are preserved ) and the liberties and freedom of the people , which are supported by those laws . and for these ends , and in discharge of our duty to god and our country , we do resolve ( by the blessing of almighty god ) to joyn with all our brethren in england , ireland and scotland , who have or shall joyn with us for the ends aforesaid ; and do resolve for the maintenance and preservation thereof , to hazard our lives and estates , and all that is dear to us : and we doubt not but all our brethren in the said nations , who disdain to be made slaves , will joyn with us herein , as being with wisdome and reason desirous to deliver over to their posterity that liberty and freedom which was conveyed to them at so dear a rate by our ancestors . and then we trust , that by the great mercy of god , will speedily follow a happy settlement of these yet-miserable and distracted nations ; and consequently , that the true protestant religion in the power and purity thereof , may be established ; the godly , learned and orthodox ministers of the gospel maintained by their tythes , and other their accustomed rights ; their persons supported and countenanced ; the universities , and all other seminaries of learning , cherished ; heresies and schisms suppressed ; needless impositions and taxes on the people , removed ; and no charge to be laid on any of the nations without their own free consents , given by their representatives in their several and respective parliaments : manufactures and publick trade and commerce at home and abroad , advanced ; justice in its due and wonted course , administred ; the just debts of the nation , satisfied ; the treasure and revenues thereof preserved , and returned to their right and proper chanels ; the arrears of the army , and other publick debts , duly satisfied ; the armies and forces continued in due obedience to the supreme authority , and not presume , as some have done , to give laws thereunto , which hath been the root of a great part of our miseries ; the nations enriched , united and strenthned ; the reformed protestant churches abroad supported and countenanced ; the honour of the english nations restored , to the comfort of friends , and terrour of enemies ; the plantation of ireland in the hands of adventurers and souldiers , and other english and protestants advanced , as a further accession of honour and greatness to the english nati●n : and so by the blessing of god , all will shortly terminate in the glory of god , the peace and tranquillity of these nations , the strengthning of them against forreign invasion , and intestine rebellion , and the comfort , contentment and satisfaction of all the good people in these nations . broghill . ●●p . sir mau. fenton col. ralph wilson lt. col. j. widenham lt. col. ben. lucas lt. col. a. barrington lt. col. fr. foulk major will . wade major will . king major n. purdon major r. goodwyn cap. and. ruddock cap. j. wakeham cap. ge. dillon cap. ja. manserghe cap. ro. russel cap. jo. nicholls cap. samps . towgood cap. thomas cullen cap. d. coghlan cap. hum. hartwell cap. tho. lucas cap. will. pope cap. will. hartwell cap. john frend christop. perkins lt. hum. ray lt. jo. zan● lt. rich. wakeham lt. rich. ashwood lt. pat. dowdal lt. zac. holland lt. hen. haward cornet h. fagetter cor. mat. pennefether cor. dane rono ensign bar. foulk ens . john brown ens . ant. shackleton ens . iohn sloughter ens . james banting ens . hen. bindon qu. mr. jason whi●●●● rob. fletcher , com. dublin , printed by william bladen , by special order , and re-printed at london , by john macock . . by the king, a proclamation for preventing the plundring, spoyling, or robbing of any his majesties subjects, and for restraining of stragling and idle people from following the army, as likewise for supplying his majesties army with necessary provisions during their march england and wales. sovereign ( - : charles i) this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing c ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing c estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) by the king, a proclamation for preventing the plundring, spoyling, or robbing of any his majesties subjects, and for restraining of stragling and idle people from following the army, as likewise for supplying his majesties army with necessary provisions during their march england and wales. sovereign ( - : charles i) charles i, king of england, - . broadside. by leonard lichfield ..., printed at oxford : [i.e. ] "given at our court at oxford, this seventeenth day of march, in the eighteenth yeare of our raigne." reproduction of original in the bodleian library. eng great britain -- history -- civil war, - . great britain -- politics and government -- - . a r (wing c ). civilwar no by the king. a proclamation for preventing the plundring, spoyling, or robbing of any his majesties subjects, and for restraining of stragli england and wales. sovereign a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - paul schaffner sampled and proofread - paul schaffner text and markup reviewed and edited - pfs batch review (qc) and xml conversion royal blazon or coat of arms c r honi soit qvi mal y pense by the king . ¶ a proclamation for preventing the plundring , spoyling , or robbing of any his majesties subjects , and for restraining of stragling and idle people from following the army , as likewise for supplying his majesties army with necessary provisons during their march . whereas by our gratious proclamation of the twenty fifth of november last past , we took notice of the great misery and ruine falling , and likely to fall upon our good subjects ( if not timely prevented ) by the plundring , spoyling and robbing of their houses , and taking from them their mony , plate , housholdstuffe , horses , cattell , and other goods , in detestation of which barbarous , and unlawfull proceedings , and in tender commiseration of the sufferings of our people , we did then declare , that if any either officer or souldier of our army of horse or foot should from henceforth , plunder , spoyle , or robbe , any of our people , or take from them any of their mony , plate , housholdstuffe , horses , or other cattell , as likewise any victuall , or commodities going to , or from our markets , upon complaint made thereof , the commander , or officer in chiefe of such quarter where the fact was committed , was required to proceed against any such offendor , by the law martiall , without favour or connivance , and to cause him or them , so offending , to be executed without mercy ( as in and by the same proclamation more at large appeareth , ) notwithstanding which , to the great and heavy grievance and oppression of our people , we find that our commands therein have not been ( as we expected ) streightly observed . and having lately received information that the greatest part of these plunderings and robberies committed on our people , especially by the taking away of horses and other cattell in the severall marches and expeditions of our forces , are committed and done by persons no way listed , or imployed in our service , or under any command , and by voluntiers out of other troopes , not commanded upon present service , following our army for spoyle and pillage ; we doe therefore charge and command all persons whatsoever , but such as are or shall be licensed by the superior officers of our army , or such of our good subjects as shall offer their service for our assistance , and be received into our army upon their march , or as shall be of such forces , as shall be sent upon any expedition , that they forbeare to follow , or attend our army or forces , or to take away any mony , plate , goods , horses or cattell from any of our subjects whatsoever . and if any shall offend , spoyle , robbe , pillage , or plunder , in the least kind , contrary to this our proclamation , or take any horse , mony , plate , or other goods , from any of our subjects without especiall warrant of their superior officer then commanding our said army , we doe require and command all the officers and souldiers of our army , and all other our officers and loving subjects , to apprehend him or them so offending against this our proclamation , and to bring them before the commander in chiefe of such army or forces , whom we require and authorize forthwith to cause him or them , so offending , to be hanged without mercy , and to see that restitution be made to such person , or persons , as received such losse by the taking away any of their goods or cattell , in the best manner our commander in chiefe , or such officer shall be able to performe ; this we require and command to be fully and in every part obeyed , that thereby out good subjects may be freed from misery and ruine , or the least apprehension thereof , and may without any interruption proceed in following their severall callings and professions , to the welfare and happinesse of our kingdom and our army , and that the officers thereof may have the reputation of doing iustice , and giving help and assistance to our people . and our further will and pleasure is , that this our proclamation be publiquely read in all churches and chappells of this our kingdom , and in the heads of all our regiments of horse , foot , and dragooners . and as we have published this our proclamation for the protection of the goods and estates of all our loving subjects , so we expect that all such counties , hundreds , townes , and villages in , or neere which any part of our army shall happen to be quartered upon their march , shall upon warrants from the superior officer , or from the commissaries of our army , furnish and supply our forces , so passing through or neere them , with all necessary provisions of victualls and other accommodation both for horse and foot , ( for which they are to give tickets or receipts , which we shall carefully pay when god shall enable us , ) that so the souldier for want of necessary provisions may not have any pretence to offer any injury to any of our good subjects , whose ease and security shall alwaies be our principal care , given at our court at oxford , this seventeenth day of march , in the eighteenth yeare of our raigne . god save the king . printed at oxford by leonard lichfield , printer to the university . . a discourse shewing, that the spirit of parliaments, with a council in the intervals, is not to be trusted for a settlement: lest it introduce monarchy, and persecution for conscience. by james harrington. harrington, james, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing h thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) a discourse shewing, that the spirit of parliaments, with a council in the intervals, is not to be trusted for a settlement: lest it introduce monarchy, and persecution for conscience. by james harrington. harrington, james, - . [ ], p. printed by j.c. for henry fletcher, at the three gilt cups neer the west-end of pauls, london : . annotation on thomason copy: "july ". reproduction of the original in the british library. eng great britain -- politics and government -- - -- early works to . a r (thomason e _ ). civilwar no a discourse shewing, that the spirit of parliaments, with a council in the intervals, is not to be trusted for a settlement:: lest it intro harrington, james b the rate of defects per , words puts this text in the b category of texts with fewer than defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion a discourse shewing , that the spirit of parliaments , with a council in the intervals , is not to be trusted for a settlement : lest it introduce monarchy , and persecution for conscience . by james harrington . london : printed by j. c. for henry fletcher , at the three gilt cups neer the west-end of pauls . . a discourse , &c. the present case considered , i need say no more , then , if there be no bar , a parliament may consist wholly , or in the greater part , of presbyterians or royalists ; and if there be a bar , it is no government by parliaments , but by the bar that is upon them ; which must be of greater danger . but the house of commons , as hath been hitherto usual in england , consisted of about four hundred deputies of the people , for the most part gentlemen , and old stagers , elected again and again unto the same imployment , without vacation ; this is that which being sweet in the stomack of divers , is the old love for which they detest new forms . such an assembly , for the number and nature of their elections , is somewhat too low and too large to come up unto the true interest of a king , and too high and too narrow to descend wholly unto the true interest of the people ; they have antiently provided diligently that they might hawk and hunt without impediment of the king , and of the lower sort , to whom it was almost capital to spoil their game : and though this may seem but a jesting instance , yet have the rest of their laws , for their pitch , been much of the middle way , or of the like genius , while they were under a nobility ; but since , through the natural decay of that order , they came to a greater height , it hath been to endure no check . wherefore , as it hath been found under a king , that such an assembly will endure no king , through the check they apprehend from him : so it will be found that under a commonwealth they will be addicted unto the introduction of monarchy , through the check they apprehend from the people . certain it is , that an alteration of government going no farther then the institution of parliaments , and a council in the intervals , can come to no more then that , so often as the council shall be changed for a king , or the king for a council , so often the commonwealth ( if this deserve any such name ) must be changed into monarchy , and the monarchy into a commonwealth ; which changes may be made with such ease and suddenness , that every night it may be a cast of a dye , what the government shall be the next morning . where the alteration ( i say ) of the government is no greater then from a kings chair , to a narrow bench of counsellours ; there goeth no more to make a single person , then throwing down the bench , and setting up the chair ; nor to make a commonwealth ( such an one as it is ) then throwing down the chair , and setttng up the bench . but for the farther discovery of such causes , as in so strange and unheard-of innovation may give frequent or continual mutations , if this posture of things be upheld ( as i cannot see how otherwise it should stand ) by an army , let us consider three things . first , what is incident unto such an army . secondly , what is incident unto such a council . and thirdly , what is incident unto such a parliament . it is incident unto such an army , let the body thereof be never so popularly affected , to be under a monarchical administration , or to be top-heavy in their great officers , which will have power , whether they will or no , to oversway both the army and the government ; as in the setting up of the late single person : again , if the body of the army mutiny against the government , neither their great officers , nor any thing else in the parliament or council , can withstand them ; as in the pulling down of the latter single person : whence it is evident that such an army can be no foundation of any settlement . a council in the intervals , though it should rule well , will yet have a tendency toward preservation or prolongation of it self ; and if it rule ill , will be obnoxious unto parliaments : for which cause , what help for themselves shall be in their power , is to be presumed , will be in their will : and they have the same power which the king had , or which is all one , are in as effectual a posture to obstruct or elude the meeting of parliaments ; therefore it will be in their will to do it : and if they will this , they reduce the government into oligarchy , then into faction , and last of all , into confusion . the people this while must unavoydably perceive this council to consist of too few to be fellows , and of too many to be masters : for which cause , being all broken into faction , some for a commonwealth , and some for monarchy , parliaments coming by gusts , whether with or against the will of the council , will either be torn with like faction among themselves , or pull down the council as no government , and endeavour some settlement . now if a monarchy ( as most likely , because most obvious ) be set up , it can be no settlement , because it is quite contrary unto the balance of the nation ; and so they mend nothing , but make greater confusion : and a common-wealth or democracy consisteth of such orders & such novelties in this land , as will never be light upon by an assembly , nor credited by such as are unexperienced in the art : so that this nation going thus far about , will come but unto that very point , where it now stands at gaze , or to far greater confusion ; for which there is no remedy , save onely that they who are in power would lay aside all prejudice unto pretended novelties and innovations , or rather , not give themselves unto such novelties as tend unto confusion , ( for such have been the late changes ) but consider such antiquities as have been , and must be the rule and reason of a wise proceeding in that , which by the providence of god never was before , and yet is now come to be the truth of their case . but if what hath been hitherto shewn , be the certain consequence of parliaments with a council in the intervals , as that it will be no setlement , but a state now setting up , then pulling down kings , or single persons ; it is apparent that what introduceth monarchy , introduceth suppression of civil liberty , and in that , of liberty of conscience . wherefore certain it is , that the spirit of a parliament with a council in the intervals , is not to be trusted , lest it introduce monarchy and suppression of liberty ; and in that , of the liberty of conscience : nor the spirit of any form whatsoever , but that onely of a democracy or free state , which is the same that through novelties introduced by god himself , is onely practicable as a settlement in the present case of this distracted nation . the true form of a democracy or free state consisteth especially in this , that as to law-giving , the wisdom of the nation propose , and the interest of the nation resolve . if this be possible in england , then is it impossible , that there should be in england greater security unto liberty , whether civil or of conscience , which but for a new distinction is the same . now that it is possible and easily practicable to frame such standing assemblies in england , whereof the one shall contain the wisdom , the other the interest of the whole nation , hath been long since evinced . but men that go upon picking up arguments against an house out of the rubbish , and distinguish not between the people under the ruines of the old government , and what they must needs be when raised into the proper structure of a new frame , will say , that the people have a general aversion from being built up into any new form at all . so hath the rubbish , and yet it may have good stones and beams in it . they will say , that there is a general dis-affection , nay hatred , thorowout the counties , unto the government ; and that more now , then in the time of the late usurper . which i easily believe , because the change of a person , with what loss soever , is yet a less change then the change of a government : the former is a change from a thing that was known , to another that is known ; but the later must be a change from a thing that hath been known in this nation , to a thing that was never known in this nation . a man that walketh , treadeth with almost equal boldness his next step , if he see it , though it be in the dirt : but let it be never so fair , if he see it not , he stands stock-still . this is the present state of the people , and this effect in the people is especially occasioned by their natural distrust of such novelties as they cannot penetrate or discover what they are . nor is it an ill pulse , the case considered , in which it signifies no other then their constancie and dear affection unto their old laws and ways , how unfit soever they be now become . wherefore , so soon as you have fitted them better , none of this will be against you , but all for you . it is certain , that a people under proper orders , is the least effeminate , and most manly government in the world . but such an one as hath no experience or knowledge in these , hath a frowardness , that is altogether childish : what they finde uneasie , they tear off , and throw away ; as in the late war : but no sooner finde the nakedness unto which by like means they are brought , then being unable to cloath themselves , they fall into an unmanly penitence , and betake themselves unto picking up of their old trappings . if there be not men at the head of them , who by introduction of a proper form , can cloath their nakedness , and reduce their passion unto temper , there is nothing to be expected , but darkness , desolation and horrour . now if you be saints , do good unto them that hate you , and would persecute you . now cast your bread upon the waters , and after many days , nay after a few days , you shall finde it . that the people of this land have an aversion from novelties or innovations , that they are incapable of discourse or reasoning upon government , that they do not understand the true form of a free and equal commonwealth , is no impediment unto them , nor excuse unto wise and honest men , why they should not be imbarqued . as the soul of man being by the wisdom of god imbarqued in flesh , doth all the functions of the body , not that she understandeth it , but that she can work no otherwise ; so the body of a people , by the wisdom of one man , ( if there be any such man , as having such power , can be so honest ) or of a few men ( if there be any so few , as having such power , can agree in such a matter ) imbarqued in the true form of a government , do all the functions of the same , not that they understand it ; for how much understood they the late monarchy , when it was in the greatest vigour ? but that through the necessity of the form , except it come to be insufficient ( as through the late decay of the church and the nobility ) they can work no otherwise then according unto the nature of it . if the form thus introduced be that of a free and equal commonwealth , the people not being able to work otherwise then according unto the nature of it , can never introduce monarchy , nor persecution for conscience , because either of these is contrary and destructive unto the nature of the form . that the former is so , i need not prove ; and that the latter is so , is obvious : for without invading civil liberty , there is no invasion of the liberty of conscience ; and by invading civil liberty , this form is dissolved . but some will say , thrust the people into innovations unto which they have so great aversion ? before they can be brought to understand them , and against their consent ? what a violation of freedom ! what a difficulty ! what an injustice ! but taking all this together ; what less can be said to whatever the parliament shall next introduce ? or if you take them apart . as to aversion , i have already spoken ; it is not any malice in the people , but their nature in this case , which being through meer want of acquaintance with such things as they can no wise understand but by tryal , is not to be rectified but by the introduction of such a form as they finding far more worthy of their holding , will by changing of the hand , but improve their more deserved constancy . as to the difficulty of introducing a new form , of obtaining the peoples consent , and the violation that in faylure of the same may be made upon liberty , i say , that elections , at divers times , have already been divers ; that in this there hath been no violation of liberty , nor difficulty in obtaining the peoples consent : and such elections as will necessarily introduce 〈…〉 form of a new commonwealth , have no such difference in them from the former , that they should not be as easily consented unto , and performed by the people ; and this done by ordaining the cause , they have ordained the effect , and so introduced the new form by common and universal consent . lastly , if it be just that the people should have their liberty , they will soon finde by this change , that they both have it , and know how to hold it : which a people once finding , were never willing to part with : and in this consisteth the strongest security against monarchy , and for liberty of conscience . to conclude : this to our present common-wealths-men , is dictated by universal experience , and written by the best politians , as their certain doom . if they introduce a well-ordered commonwealth , they shall be safe while they live , and famous when they are dead ; and if they introduce not a well-ordered commonwealth , they shall be unsafe while they live , and infamous when they are dead . july . . certain maximes calculated unto the present state of england . where nothing is to be obtained by reasoning , there every thing is referred to event ; and so are these maximes . . where there is no publike endowment of a ministry , there can be no national religion . . where there is no national religion , there can neither be any government , nor any liberty of conscience . . without invasion there may be tumult , but can be no civil war in england . . without a civil war , there can be no monarchy in england . . where there is no situation like that of venice , there can be no lasting oligarchy . . a commonwealth upon intervals is against nature . . parliaments upon intervals set up kings or tyrants . . parliaments when they are salariated , will sit in harvest . . caput reipublicae est nosse rempublicam . when the orders of any one commonwealth that is or hath been , are rightly understood by such as have the power , england will be a commonwealth . . if the narrowest commonwealth require at least twice the root of the largest monarchy , and the english monarchy were founded upon two assemblies containing six or seven hundred ; then a commonwealth in england , must be founded upon assemblies consisting of about thirteen hundred at the least . . if justice be the common interest , and the common interest be justice , then private or partial interest , opposed unto the common , must be injustice . . if the laws of the people must needs go upon the common interest , and the laws of the oligarchy must needs go upon partial or private interest , opposed to the common , then the laws of the people must be just , and the laws of the oligarchy must be unjust . . evilmen , that can do no other then make just laws , are safer then good men , that must either make unjust laws , or ruine themselves . finis . a sermon preached at st. patrick's church dublin on the th of novemb. being the day of thanksgiving for the preservation of his majesties person, his good success in our deliverance, and his safe and happy return into england : before the right honourable the lords justices of ireland / by william king. king, william, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing k estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a sermon preached at st. patrick's church dublin on the th of novemb. being the day of thanksgiving for the preservation of his majesties person, his good success in our deliverance, and his safe and happy return into england : before the right honourable the lords justices of ireland / by william king. king, william, - . [ ], p. printed for robert clavel, london : . reproduction of original in the bodleian library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng bible. -- o.t. -- psalms cvii, - -- sermons. sermons, english -- th century. great britain -- politics and government -- - -- sermons. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion a sermon preached at st patrick's church , dublin , on the th . of novemb. . being the day of thanksgiving for the preservation of his majesties person , his good success in our deliverance , and his safe and happy return into england . before the right honourable the lords justices of ireland . by william king , d. d. dean of st. patrick's , dublin . london , printed for robert clavel at the peacock in st. paul's church yard , . to the right honourable , henry lord sidney , uiscount sheppy : and thomas conningsby , esq lords justices of ireland . may it please your lordships : this sermon was at first composed , and is now published with peculiar respect to their majesties subjects in this kingdom . those in england , who had the advantage of enquiry and correspondence , need not the informations here offered . but the protestants of this kingdom have been so long , and industriously kept in the dark , and not suffered to look into the designs of those that had them in subjection ; ( further than they felt the effects of them ) that many may be strangers to the full extent of those designs , and the miraculous steps of providence by which they have been ●elivered from them . i know much more might ●e ●aid , and has been said on this subject . but i have chosen those points that seemed to me most p●●per for the occasion : and i hope enow to satisfie us all of the great reason we have to praise god for our wonderful deliverance ; which was the design of the discourse . your lordships can witness what sense the protestants of this city have of it ; and for ought appears , the whole body of them through the kingdom , are in their present majesties interest to a man. which could never have happened , if the late government had been in any measure tolerable to them . and had others , instead of being at ease where they were at that time , lived here , under the government they fancied so indulgent , i doubt not but they would have had the same sentiments with us , and been cured of their folly. * your lordships have come to the government of this kingdom in an ill , and unsettled posture of affairs : but you need look back only , to presidents in each of your own families , to guide your management with the happiest success your ancestors governed it , in times as difficult as the present ; and had the chiefest part in reforming the superstition and barbarity of the natives ; and in settling religion on that happy foot , on which it has since stood : but they , and all since have been forced to leave the work imperfect : it remains now , i hope , to be perfected by you. your lordships may reasonably conclude , that , it is not an easie undertaking to civilize and reform this nation ; since so great persons were not able to perfect it : and yet that it is to be done , because they went so far in it . for want of a vigorous prosecution , it has been to do a-new , every forty years , hitherto ; your lordships have the experience of many such periods to direct you how to do it effectually . we hope , and heartily pray , that , it may now at last have its accomplishment in your hands , under their majesties government ; and that this may be one of the blessings of their reign : providence has given you an opportunity of making your selves , and your memory grateful to present and future ages , by becoming happy instruments in it . that you may be such , i hope your lordships will believe is , by none more zealously desired , than by , my lords , your lordships most humble and obliged servant william king . a sermon preach'd on the th . of novemb. . psal. , d . and d. verses , old translation . ver. . let them give thanks whom the lord hath redeemed , and delivered from the hand of the enemy . ver. . and gathered them out of the lands ; from the east , and from the west ; from the north , and from the south . thanksgiving is all the tribute we can pay to heaven ; and 't is so easie a return for our beings , and the many comforts we receive from thence , that he is very inexcusable , and unworthy the mercies he receives , who is backward in so easie an acknowledgment : hence the whole world has ever look'd on it , as the securest way for continuing their present , and procuring new blessings , to own god to be the author of them ; and to express their gratitude in hymns and sacrifices , and in other acts of devotion and thanksgiving : as appears not only from the people of god in the old testament , but likewise from the yet remaining devotions of the ancient heathen . this psalm is a solemn form , used by the jewish church on such occasions . 't is not material to explain to you the first occ●sion of its being made ; it sufficiently appears from my text ( which is the introduction to it , ) that it was designed , as a solemn return of praise to god , for redeeming the israelites from captivity ; for delivering them from their enemies ; and bringing them back to their own country , whence they had been driven by violence and oppression , ver . . . now this is so exactly our case , and the design of our present meeting ; that i think there is no more incumbent on me , than to endeavour to beget in you a due sense of it , and to stir you up to an hearty acknowledgment of gods present mercies to us : and i promise my self some success in this undertaking , and that the consideration of the following particulars will make the same impression on every body concerned , as they have done on me . first , therefore let us consider our deliverance . and secondly , the returns we are obliged to make for it . in our deliverance we ought to reflect . i. on the depth of the contrivance , and design against us , from which god has graciously been pleased at this time to deliver us . ii. on the great extent of it . all princes in europe , especially such as profess the reformed religion , being struck at by it . iii. on the miraculous concurrence of providences for our deliverance , in breaking this design so deeply laid , and vigorously prosecuted . you all have suffered so much by this design ; and the memory of your dangers and deliverance from it , is so fresh before you ; that i need not trouble you with the particulars of it : 't was , in short , to destroy you and your religion , and enslave all europe under the tyranny of the french king. i. the depth of this design appears : st . from the length of time , wherein it has been forming and carrying on . some , and not without reason , date it from the very beginning of the reformation ; some from the restauration of the royal family , and some from the pyrenean peace ; but as it immediately concerns these kingdoms , we can trace it by many footsteps from the year ▪ since which time , not only we , but all europe have groaned under the fatal effects of it . as to this kingdom of ireland , we find a scheme of it laid down at large , in a paper formerly found in the earl of tyrconnel's house , ( then collonel talbot ) dated july . supposed to be drawn up by his brother peter talbot , then titular arch-bishop of dublin , and accidentally dropt about that time. several copies of which , have for many years been in protestants hands . in this paper are proposed the modelling the army ; the admitting papists into corporations ; the bringing them to serve in civil and military employments ; and the raising a vast army of them , to be transported into england on occasion . one particular in this paper is remarkable ; 't is in these words : the toleration of the roman catholick religion in england being granted ; and the insolency of the hollanders taken down ; a confederacy with france , which can influence england , as scotland can also , will together , with god's blessing , make his majesty's monarchy absolute and real . where we see that the design was to make the king absolute : and the means proposed , toleration of popery , a war with holland , and a league with france ; all which were at that time put in practice , and have been prosecuted vigorously to this day . but dly . we shall better understand the depth of this design against us , if we reflect on the power , policy , and number of the persons engaged . the power and money of france ; the cunning and craft of the jesuits ; the numerous and bigotted roman clergy ; the wealth and arms of england , were all to be employed to our ruin. the indigent and desperate papists of ireland were to be armed , and let loose upon us ; the common enemy of the christians , the turk , and ravaging tartars were called into christendom , to promote this design , and their destructive methods of managing wars by universal slaughters , havock , and burnings , brought into practice by the more vnchristian french : and to crown their design for the general slavery and desolation of europe , protestants were cajolled , bribed or compelled to fight against , persecute and devour one another . all which might be proved by undeniable instances , if this sermon were designed for a history . but dly , we may have a further idea of the depth of this contrivance , from which god has hitherto delivered us , if we consider the methods used for effecting it : had it been hatched in hell , it could not have been more a mystery of iniquity than it was ; more black and villainons means could not have been applied to bring it to perfection . for st . we find wicked , and treacherous leagues and conspiracies entred into , in order to carry it on : one of which is more especially notorious and remarkable for its folly and falshood . a league so contrary to all sence , as well as faith , that the great princes concerned in it , are yet ashamed to own it ; a league so mischievous to europe in general , and so destructive to england in particular , that it has brought them to the very brink of destruction : and it is only god's miraculous providence that could , or yet can preserve them ; a league that broke the ballance of europe , so carefully preserved by our wise fore-fathers , and by that means has advanced one , by depressing and sinking all the rest . this is that fatal confederacy with france , proposed in the fore-mentioned paper : these are the engagements of friendship and alliance , which monsieur d' avaux the french ambassador , tells the states of holland , in his memorial of september the th , . the king his master had with the king of great britain ; this is the secret treaty abbot primi tells us , his britannick majesty signed in the year , whereby he should have secured to him an absolute authority over his parliament , and the re-establishment of the roman catholick religion in his three kingdoms ; this is the alliance with france , which moloony the popish bishop of killaloo , in a letter of his to bishop tyrell of march th . . ( the original whereof was found amongst the bishops papers , and is ready to be produced ) is so very angry that some trimmers ( as he calleth them ) obliged king james to disown ; and this is the very source and fountain of all the present calamities of europe , but more particularly of ours . a second method of carrying on of this conspiracy to ruin us , was , by corrupting ministers , by granting large pensions , and multiplying bribes . i wish this means of promoting this wicked design had stopped at ministers , and that the honour of princes had set them above the suspition of taking bribes ; for we are willing to think that it should be below the majesty of a crowned head to turn pensioner , or to sell his crown or people for lewis d' ors. a third means for carrying on this contrivance against us , was murthering and poysoning : an art too much practised of late in some courts . and 't is observable , that wherever the life of a protestant , stands between a papist and an inheritance , it is of no long continuance ; nor doth any prince begin to appear vigorous or terrible to france , but he is in danger to be taken off in the prime of his age , and that not without suspicion of foul play ; witness prince lewis of brandenburgh , and the duke of lorrain . there is much gold in france , and there are every where wicked men ready to be bribed to do any thing ; and 't is not supposed of some that they scruple much to make the experiment what it is able to do . but thly . where they could not murther protestant princes , ( it is hard to say where they have not attempted it ) they endeavour to defeat them of their succession . we all are satisfied that this was the only womb , that conceived a prince of wales for us , and gave him a birth . there was an attempt of the same kind , in the days of queen mary , which did not succeed to their mind , but time and experience make men wiser : hence it is , that the contrivance that proved abortive then , did with us come to perfection ; but in such a manner , that at the same rate ( if allowed ) we might be sure never to fail of an heir , to defeat a protestant successor . a th . means of promoting this design , was , by calling the turk into europe , and by supporting that common enemy of christianity , to the ruine of those that profess the holy name of christ. and the french king , that he might embroyl christendom by sea , as well as by land , has made his pride stoop to his interest , and condescended to buy a peace with the algerines : covenanting with them , to assist them in their pyracies , and their enslaving christians . a man and his designs are known by his friends and confederates : now the french king's allies are , the banditi of italy , the pyrates of algiers , the turks and tartars of asia , and the tories of ireland : what a mercy of god is it , to give us a deliverance from the conspiracy and designs of such monsters . the depth of this design appears from a sixth method used to effect it , and that was , to stir up and animate one party of protestants to bite and devour another , 't is not bare difference of opinion that makes men of different sects , so strange and unsociable to one another , as we commonly observe them to be ; but their strangeness and enmity proceeds either from interest , or from some peculiar principle that obliges them to persecute and destroy all that differ from them , tho' in a trifle : where neither of these happen , or where men of different opinions are not encouraged , or suffered to hurt one another , we see they live very easily , and lovingly together : of which holland is an undeniable instance : and likewise this city under our late common sufferings ; in which the generality of protestants , notwithstanding their difference in judgment , lived with much mutual confidence and friendship . but it is a principle of the roman church , that every prince within his own dominions , is obliged to extirpate , and destroy all hereticks : and that under no less a penalty than deposition . this is required of princes by the councils of lateran and constance , and all popish states , and princes have been so true to it in their practice , that i do not remember that there has been , nor believe that there is at this present , any prince or state of that perswasion , who doth tolerate any religion besides their own , in their country , where they are able to suppress it with safety to themselves : and they have generally been so eager upon it , that many have attempted it to their own destruction . no wonder therefore if their persons , and religion be very odious to men of different perswasions ; since every body naturally hates one that is always ready to do him a mischief . but i wish that they had kept this principle to themselves , and not industriously sowed it amongst protestants , among whom they first , by their emissaries sow false doctrines , and raise schisms ; and then set up others to persecute , and destroy those whom they themselves have seduced . and when they have prevailed with one party to bate , worry , and exasperate another to the height , they then take them off for a time , put the rods and axes into the hands of the oppressed , and whilst they yet smart under their sufferings , they stir them up , and encourage them to revenge themselves on their persecutors . by which arts they make the breach irreconcilable , and the difference , tho inconsiderable in it self , to become the ground of an eternal schism and feud , between the parties whom they have thus dashed against one another . we all know that these were the methods used to set us together by the ears , ever since the reformation , and in the two last reigns 't was particularly observable , that toleration and persecution , succeeded one another by turns ; and were timed just as they served most effectually to set people a madding against one another . one day the laws must all be put in execution , and none must be a favourite , that would not be forward to execute them ; the next day the persecution must not only be stopped , but the instruments of it exposed to the revenge of those they had exasperated , and forced to take their turn in suffering , by the actions and law-suits of such as they had wronged . thus the common conspirators against our peace , liberty , and religion , blew the coals , and kindled a flame amongst us , that was like to devour us all : and 't is god's great mercy that we have escaped it . these are a few of those considerations which might be offered to shew the depth of this design , from which our good god has graciously redeemed us . ii. but i haste to the second head of my discourse , whence we may have occasion to magnifie god's goodness in our deliverance : and that is from the extent of the design against us , which was equal to its depth , it being of a vast and comprehensive nature . the true and great design was , to satisfie the ambition of the king of france , by advancing him to the vniversal monarchy of the west : england might be cullied and wheedled with the imaginary pleasure of mastering his parliament , of getting his will of his people , and settling popery ; holland with the hopes of gain and free trade ; the pope and emperor , with the specious pretence of re-establishing the catholick religion ; but the true and bottom design was , to enslave europe , and to make the french king as great and as pernicious to the western princes and states , as the turk has been to the eastern . and they did not miss the matter , who in the emblem represented these two as sawing the globe a sunder , whilst the king of englands part was to pour in oyl , to make the work more easie for them : a thing so destructive to the true interest of his crown , that it is a miracle , how he could be prevailed on to accept of the employment ; much more how he should be able to prevail with his subjects to assist him in it . whatever he pretended of the stubbornness or vngovernableness of the people of these nations , it certainly argued a very passive and submissive temper in them , to give money so liberally , and to fight so fiercely as they did , to destroy themselves and their fellow - protestants ; to make sport for their common adversaries , and serve the interests of their most inveterate and most dangerous enemy , the french king. secondly , the design was vniversal , and aimed at the destruction and enslaving all the kingdoms and states of europe ; no distinction of protestant or papist , enemy or ally , all were equally devoted to destruction in it . the duke of lorrain was actually turned out of his dukedom ; the prince of orange ( his present majesty ) was deprived of his principality of orange ; the empire was partly to be given up to the turk , and the remaining princes were to apply themselves to france for protection , and to chuse his son king of the romans ; the dukedom of savoy was to be brought in , under the notion of pupillage ; the princes of italy were frightned , bought , or wheedled out of their strong holds , and the keys of their country ( such were cassal and guastale ) put into french hands : scicily was perswaded to rebel , and sollicited to serve the spaniard , as they had done the french before in the famous vespers ; genoa was to be bombed , england bought , and holland drowned ▪ spain had a barren queen ( designedly made so ( as many believe ) put upon him , that his crown might fall to france by succession ; the northern kingdoms , whose cold and distance secured them from immediate attempts , were yet taken off from assisting their neighbours , and brought into something worse than a neutrality . the great contrivers and managers of these , were the french king , the great turk , and i need not name the third , in triumvirate . 't is too much , that we groan yet under the mischievous effects of their conspiracy , which has been no less pernicious to all europe , than that of anthony , lepidus and augustus , was to the roman common-wealth . there is no doubt but all these have been designed , attempted , and almost brought to perfection within these twenty years , by strength of this confederacy· and there is not one prince or state in all europe , that has not been concerned in the fatal effects thereof . but dly , this design was levelled more immediately at the destruction of the protestants of europe ; the extirpation of the pestilent northern heresy has been long known to be the principal article in it , and was probably the pretence and bait , that induced his late majesty to espouse it . he was not fonder of being obeyed without reserve , than of propagating his religion ; and perhaps he chiefly desired an absolute authority over his subjects , that he might compel them to come into the bosom of his church . what business had he with a standing army , or numerous troops of dragoons , but to employ them as missionaries , to convert his heretical subjects ? the example of france had taught him their use ; and that dragooning was a much more effectual way to reconcile men , than sermons or arguments . in short , by this conspiracy , the protestants of france are already destroyed ; those of savoy turned out of their country ; those of holland have been invaded , and forced to cover themselves with their waters ; and as for us in ireland , i need not tell you how we have been used , the least hint is sufficient to refresh your memories , and the danger we have escaped , is yet so near , that it supersedes all necessity of a description . it has been said of some , that when they have been shewed the next morning the danger they escaped in the night , they have dyed with apprehension . i am sure no precipice can have a more dreadful prospect to those that have escaped it , than our danger ought to have , and will have to all that duly consider , and look back on it . but god has redeemed and saved us out of our enemy's hands ; he has brought us back into our own land , and we are now before him this day , to magnifie him for our deliverance . let us therefore join in that which is the chorus of this psalm , o that men would praise the lord for his goodness , and declare the wonders he doth for the children of men. but thly . this conspiracy had a peculiar respect to the free states of europe : 't was about the time of the entring into this league that famous saying was applied to holland , delenda est carthago ; it was pretended to be of ill consequence to princes and crowned heads , to let a common-wealth be their neighbour , lest the sight and example of liberty might influence their people , they combined therefore to destroy them , that the slaves of france might not understand , that there was a milder government in the world , than the tyranny of their master . if his present majesty could have been prevailed on , to come into the confederacy , he needed not have ventured his life to rescue england , and merited a crown by such hazardous undertakings . he might have been a king out of hand in his own country , and secured of his succession to the english throne ; but he scorned crowns of lewis's giving , much more one that he could not take without injuring his country , the liberty of which is due to his ancestors , and the preservation of it to himself . but when they could not corrupt , they resolved to destroy him , and that more particularly , because they look'd on him as the patron and defender of the liberty of europe ▪ to which they on all occasions declared their enmity . 't is not imaginable , with what passion and zeal their whole party here , used to enlarge on the praises of an absolute government ▪ how impatient they were to hear any one name to them , the laws , the liberty of the subjects , or a common-wealth . no , the king's will was the only law they could endure to hear of ; and they mightily admired and praised the submissive temper of the mahometans , that counted themselves happy to be under a power which , when it pleased , might present them with a bow-string . they did not mince the matter , but only professed , that they designed to free the king from the chains of the laws , and the pupillage of parliaments : or , as the irish proposals i mentioned before , word it , make his monarchy absolute and real . the very terms of the league , according to abbot primi , were to secure to the king an absolute authority over his parliament , and the re-establishment of the roman-catholick religion in the three kingdoms of england , scotland and ireland . but , thly . this confederacy , or rather conspiracy , had a peculiar relation to ireland . the great body and magazine of men , whose hands were to perform this work in these kingdoms , were to be raised out of ireland ; the irish proposals i have so often mentioned , promise , part of them were to be the king 's immediate guards , part of them the standing army of england , and all of them the instruments of our slavery . in order to make them considerable , and to hire them to do their work cheerfully , ireland was to be separated from the crown of england , and made independent on it ; the english interest in it was to be destroyed , and the protestants , under the notion of whigs , fanaticks , cromwelians , roo●ed out of it . how near these things were to taking effect , you can all witness . they were not only designed and attempted , but actually , for the most part , executed upon us ; our estates were taken away , and this kingdom cut off from england , by acts past in their late pretended parliament ; our houses were filled with souldiers and dragoons , our churches possessed by romish priests , our persons shut up in prisons , and our religious assemblies interdicted . our friends and relations , our nobility , gentry , and clergy , driven for the most part out of the kingdom , attainted for life and estates , and an army ready to be transported into england , if god had not put a stop to their designs , and confounded their devices . 't is by his mercy we are redeemed from the lands , from the north and from the south , and therefore let us give thanks unto him , and praise him. you see then the extent of this design , that it took in all the princes and states of europe , that it struck at our estates , our liberty , our lives , and above all , at our religion ; that it was carryed on by many and powerful hands , and by the most secret and efficacious methods ; and who else could defeat such a contrivance , or put a stop to it , but the same god that bounds the sea with a heap of dust , and says to the waves thereof , hither shall you come , and no farther . iii. which is a proper introduction to my third head , the miraculous concurrence of providences for our deliverance , in breaking this design so deeply laid , and vigorously prosecuted . these were so many , and so remarkable , that i doubt whether ever any revolution was accompanied with a chain of such strange and unaccountable accidents , i shall mention only a few , that every body must have observed , and leave you to judge , whether the finger of god must not be acknowledg'd in them . first therefore , it was strangely unaccountable , that the pope , who seemed to have a great stake and interest in this design , and as one would imagine , was most deeply concerned in the success of it , should upon a trifle , break with the french king , and not only desert his party , but most cordially espouse the opposite side : and that the king of france , who never before struck at any thing when interest was in the case , upon the worlds counting it base or wicked , should refuse his ghostly father common justice in matters of so little moment , as the regale and franchises . it is plain , that the pope has right on his side on both these , and that the french king was not much concerned , either in profit or honour to defend them : the regale being a new usurpation , and the franchises an ancient nusance : yet so obstinate have both sides proved in the contest , that we hope 't is become irreconcilable . now if this had not happened , the counter-league of the princes of europe to the french conspiracy , could hardly have been entred into or continued ▪ 't is this takes off the odium from the emperor ●nd king of spain , of assisting his present majesty to redeem england , and deprives the french king of the advantages he proposed to himself , by declaring this a war of religion : it being ridiculous to pretend a holy war against the father and head of his church . this aversion of the pope to the french designs is , an obstacle in the way , that neither lewis nor james , can yet get over , tho' the one begs hard , and the other offers fair to remove it : having proffered the pope all that he desired at first , and to oblige the french clergy to own his infallibility into the bargain . thus god shews , that the hearts of kings are in his hands ; that he can make them stoop , and do mean things , when it will do them no good ; and obstinate , when yielding would be serviceable to them . it cannot but be esteemed a further providence , that two popes should succeed one another of the same humour , ( which is not common ) and should persevere in the same enmity to france . but dly . it must be owned as a signal piece of providence in god , to have raised up a man endued with the courage , closeness , and activity of his present majesty ; who durst attempt so strange and ( in human probability ) such an impractical thing as our deliverance . 't is a rare thing in the world , that one man should have the dexterity to engage , and the wisdom to manage so many different interests into a confederacy , and argues a particular providence . . it was another piece of divine ordering , that his majesty should be so particularly interessed and engaged to undertake this work , before it was too late , and our destruction unavoidable . if we had gone on a few years in the course , in which we were , in all probability our condition would have become altogether desperate . but the eagerness of the conspirators to cut off their present majesties from all hopes of succession to the crown , made them introduce a prince of wales , two or three years sooner than they were ready for him . they knew very well when he appeared , the persons concerned would be provoked to the height , and that then , if ever , their present majesties must appear for their right , and the kingdom , for their deliverance , against which they were not as yet prepared : for they had not yet sufficiently trained the irish , nor filled the army in england with papists , for want of which they were not able to make any resistance against the prince of orange , having awakened him , before they were prepared for him , and necessitated him to make his descent into england , whilst the arms were still for the most part in the protestants hands , and the papists in no capacity to awe them . thly . the very pretended birth of the prince of wales was so ill managed , that it was not so much as a well-contrived cheat. the very papists complained of it , and that publickly in print . there was published here , ( amongst many others under the late government ) a virulent paper against his present majesty , entituled , england's crysis , or the world well amended . to give it the greater credit the author pretends to be a protestant , and the evidence of truth forced from him this following passage . one reason of his ( the prince of orange's ) expedition had at least a shew of justice in the quarrel , i mean the business of the prince of wales , which i cannot but confess , some people managed , as if they designed either that we should not believe at all , or if we did , our belief should be as implicit as to successions , and inheritances here , as that of the romanist is in his expectation of inheriting the kingdom of heaven hereafter . this it is true , they imputed to the treachery of councellors and managers : but when their zealots writ , and king james permitted such accounts of that matter to be published , 't is a sign the business needed an apology ; and that by god's just judgment on them , their usual dexterity failed them in it . thly . it was a peculiar providence in this affair , that king james did not adhere determinately to any counsels or counsellors , but did things irresolutely , and by halves . i find papists in their letters to him complaining of this , and cautioning him against it . one entreats him , for gods sake not to listen to trimming counsellors , whose aversion to his religion , and cunning design of spinning out his life with their pian piano , put them upon urging to him , that great alterations are dangerous , when carried otherwise than by slow and imperceptible degrees . the same tells him , that nothing causes irresolution more than a medley of councellors of a different religion from their prince . yet king james could never free himself from this medley : and that is the reason that his actions were never of a piece , and that he commonly spoyled his business by doing too much , and yet too little . thus he ought either not to have brought any irish or french into his army . or made the whole entirely papists ; he ought either to have accepted the french king's assistance and fleet without reserve , or else broken with him altogether , and declared against him : but by hanging between both , he lost the affections of his own subjects , which might have supported him , and the benefit of forreign assistance . his doing and undoing things had the same effect ; in wh●ch , and many other particulars , his not sticking entirely to one sort of counsellors , was to us a great providence . i must reckon it as a sixth , that the states of holland should , without scruple , trust their all into his majesty's hand , and be content to run his fortune : which they plainly did in his expedition . we all know , that the united netherlands are a free people , most jealous of their liberty , and who have done and suffered more to maintain it , than perhaps any nation in the world. and as they are jealous of their liberty , so they are close and wary , and not apt to venture too much at one stake . now , that such a people should commit the absolute disposal of their navy , their armies , and their money , the very sinews of their state , to one man , and venture all in the same bottom with him , was an unbounded trust and kindness , as his majesty himself is said to have expressed it to them . they trusted not only him , but the winds and seas for his sake : and tho' they had such entire confidence in his conduct and faith , as not to ask him what he designed ; yet the hazard of a winter voyage , where the whole of their state was at once exposed to the mercy of a tempest , was sufficient to have s●umbled them , had not the same god that inclined the hearts of israel , as of one man , towards david , knit their hearts to him , and made them tender of his life and person , where they , without hesitation , ventured their state. thly . it must be owned as an effect of the same providence , that king james's court and ministers was so blinded , that they could not see into his present majesty's designs , and so secure , that they would not give credit to the many advices given them of these preparations ; of which we can give no other account than that of job , chap. . . he taketh the wise in their own craftiness , and the councel of the froward is carryed headlong ; they meet with darkness in the day , and grope in the noon-day , as in the night . thly . i shall only mention king james's deserting his army in england , on which if he had absolutely cast himself , and depended on their fidelity , it is certain , by what has happened since , that a great part of them would have stood by him . there were enow to make a vigorous opposition , who were willing to run his fortune , if god had not enfeebled their courage , and put fear in their hearts . it was this opened the way to one of the greatest revolutions that ever happened in that kingdom , almost without a drop of blood. which must be owned as a singular providence . thly . it was an over-reaching act of providence to make that the key to open a way for our settlement , which was projected by our enemies , as the certain means to embroil us for ever . i suppose no body doubts , but those who advised king james to desert the kingdom , believe that we could never come to a settlement without him ; and yet the event proved directly contrary to their expectation : for his presence in all probability had been such a rub to our settlement , that it had not been easie to get over it . it was indeed strange we should come to a resolution so soon , especially where the weight of the matter was so great , and the opinions of men so divided , that in the near equality of voices , the wisest could not foresee how it would end , till heaven it self determined it . for what else could have brought such different interests and judgments , to acquiesce in the conclusion . neither in the th . place must we imagine , that that strange and absurd division of protestants in england , into jacobites and williamites , happened without a providence . whatever sense some may have of it in other respects , we of this kingdom , must own it as a great and signal mercy . king james and his adherents here , reckoned upon a strong and numerous party in england ; and were afraid , if they had utterly destroyed us , that they should have lost them ; and therefore in many cases were oblig'd to bear an easier hand towards us , than otherwise they would have done . and whatever favour or forbearance we received from them , it was intirely due to this consideration . this was the use god made of this faction , and now it has served his purpose , i hope he will extinguish it . thly . god in his providence so order'd it , that king james found an unexpected diversion in ireland , that employed all his forces till things were settled in england ; and till his present majesty had leisure to break the enemies power in scotland ; and prepare for the conquest of ireland . had king james on his landing in ireland , found no opposition in it , but been intirely at liberty to join his forces with that party that appeared for him in our neighbouring kingdom , every one is sensible , how fatal the event might have proved : not only to england , but also to the liberty of all europe . but it pleased god to find him work here by an unexpected opposition , which not only imployed , but ruined his best men ; and lost him such an opportunity , as never could again be expected . if we consider the places and persons that made this opposition , it is a miracle that they should undertake , much more that they should succeed in it . and it looks as if god almighty in his providence had raised them up for that juncture , and inspired them with resolution , in an extraordinary manner , to shew his power in their weakness , and his care of us , in the seasonableness of their undertaking . our enemies were very sensible of the unluckiness of this accident , as they called it , and curst derry and eniskillin as the occasion of the ruin of their affairs . thly . it was certainly a great providence to us , that his majesty in person should undertake the reduction of ireland , at a time , and in such circumstances , that king james , and his party judged it impossible : and promised themselves that they had made him such work at home , that he should rather fear an invasion from ireland , than think of an expedition into it . but the providence of god , by his single courage and resolution , broke all their measures , and put them out of those methods , which they imagined so well concerted , that it must be impossible to defeat them . thly . can it be ascribed to any thing else than a singular providence , that they should mistake themselves , and disregard the advices , or rather ( as they themselves used to call them ) their orders from france , so , as to put themselves to the hazard of a battle , when delay was so much their interest whatever it cost them , and so easie to them , had they not been infatuated ? thly . it was no less an over-ruling providence , that an army so well trained , disciplined , and armed ; and so advantageously posted , should make so little opposition . the advantage of their post by all intelligent men , was reckoned above three to one ; and it had been impossible to beat them from it , had not the god of battles enfeebled their hearts , and animated his majesty to an attempt , that seems next in strangeness to that of jonathans on the philistines : and which perhaps , only his majesty of all men living , would have attempted . thly . add to this , the strange panick fear that seized the vanquished . tho' their troops were for the most part untouched , and a very few fallen ; yet such dread and terror possessed them , as did formerly the syrians at samaria , and they fled where no man pursued them . king james did not stop till he got out of the kingdom , and his army fled as far as the sea would let them ; had they had ships , they would have gone all together . thly . i must remark it further as a peculiar providence , that his majesties victory happened at such a critical time , that the peace of england , nay perhaps the fate of europe , depended on it , had it but been delayed one week , no body knows what would have been the consequence . thly , the saving of this city of dublin from so often threatned , and ( as both we , and the generality of our enemies believed , ) resolved destruction , is another piece of divine goodness : and withal so strange , that we can yet give no account of it , or so much as guess at what altered their resolution . i need only mention this to most of my hearers , to fill their hearts with admiration , and open their mouths with thansgiving to god , for the miracles of his mercies . thly . and yet there is still behind a greater miracle and mercy than this , and which we can hardly think on without terror , and that was , the miraculous preservation of his majesties person in the battle : to whom we may apply what david affirms of himself , there is but a step between me and death ; our danger came nearer , even within a hairs breadth . if there were no dangers & difficulties in life , we should not be sensible of particular providences : but one such escape as this , awakens the sense of religion , and of gods power , more in our hearts , than many years of even and un-interrupted happiness . we must acknowledge that all our lives in him , were at the mercy of that one bullet : and 't was surely the god of battles in his unspeakable mercy and providence preserved us . if thousands of us had dyed , the enemy would not have cared for us : and notwithstanding they lost the battle , yet they would have counted it a victory , and their loss sufficiently ballanced by the single life of his present majesty . 't is certain they would willingly have given their army for it . and this alone is sufficient to teach us how to value it , and what thanks we owe to god for preserving it . in short , we had not , neither have we yet in our utmost view , another chance to save us , our liberties , estates or religion , but this one , of his majesties coming to the rescue of these kingdoms : and his undertaking it has been carried on by such a miraculous chain of providences , that we must acknowledge , it is by the grace of god , that william and mary are now our king and queen . perhaps they have more visible reasons to put that in their titles , than any princes in christendom . let us therefore own the whole of our deliverance to be a work of god , and ascribe it intirely to him , without assuming any part of it to our selves . god in his providence has so ordered the matter , that we , in this place , have had no hand in it , or pretence to it . and as for others , it plainly appears not to be so much a work of man , or carried on by humane means , as by the over-ruling providence of god. 't was manifestly god , rather than the people , set our king and queen on the throne . the people obstructed it as much as they could , by their divisions ; the nobles opposed it ; the mighty stood up to hinder it ; the nations combined against it ; but god had them in derision , and not only delivered their majesties from the striving of the people , but also made them their head. 't is he , the most high , that ruleth in the kingdom of men , and giveth it to whomsoever he will. 't is he raised up king william to be a deliverer to us . and to sum up all . 't is he that delivered us from so great a death , and doth deliver : in whom we trust that ▪ he will yet deliver us . and therefore to him be the sole glory of it . and now , that god has so signally appeared for us , let us ( which was the second general head i proposed ) consider what returns we are obliged to make him . first , let us remember that it was not for nothing that he delivered us . he had certainly a peculiar design in saving us from the hands of our enemies , by so many and so remarkable providences , even that we might serve him without fear . let us therefore employ those lives , liberties , estates and churches to his service , that he has preserved for us , and restored to us . let us avoid those provocations that induced him to bring such heavy judgments upon us ; and let us remember , how easy it is for him to bring us to a condition much worse , than that from whence he delivered us ; and assure our selves , that if instead of serving him , we serve his enemies the devil , and our lusts , he will make his providence as signal in our future punishment , as it has been in our present deliverance . it were easy to point out the sins that provoked god , and occasioned our late sufferings , and the same causes will always have the same effects . dly . let us own god's goodness to us in our late sufferings , how in the midst of his anger , he remembred mercy ; how he made our sufferings easier to us than we expected , and relieved us sooner than we could have reasonably imagined ; he continued us amongst the living , when we expected death ; he gave us hearts to bear up under our pressures , and made us unanimous and kind to one another ; he pr●served us from famine and pestilence , which we feared , and granted us , for the most part , opportunity of meeting together , to worship him ; and in many things rather afforded our enemies an occasion of shewing their malice , and wicked intentions against us , than of executing them . so that we must acknowledge with the psalmist ▪ that the lord has chastned , and corrected us , but hath not given us over unto death . dly . let us be thankful to god for our deliverers , and thankful to them for the great pains they have taken , and the great dangers they have run to effect it . this is in a manner all we can return them at present , for all the pains and costs they have been at for us ▪ and for all the generosity they have shewed towards us : our enemies having disabled us in a great measure , either to help our selves , or make any retribution to them . however , what we can do , let us do cheerfully . and let us return at least our hearty acknowledgments and prayers to god for them : especially for their majesties , whose parts have been so signal in it , that they revive in our minds the memories of the ancient heroes , the kings of england ; the edwards , henries , and ( of queens ) the fam'd elizabeth , that made us safe at home , and dreadful to our neighbours . if we consider what we have seen the king do in ireland , and what part her majesty in the mean time acted in england ; it must be our own faults if we are not a happy people under such princes , and we must be very ungrateful both to god and them , if we are not sensible of his goodness in blessing us with such governors ; either of which seems capable of governing much larger territories , than they yet possess . and i hope as they are entitled to them , so in time they will acquire them . thly . let us spare no pains nor costs to perfect this happy work of our deliverance : and let us remember that if this had not happened , we must have lost our estates and liberty , and perhaps together with them , our lives . who would not within these last three years have given one half of his estate to save the other ? and then what great matter if we give half of our in-comes for some years , to enable their majesties to secure the whole to us , since whatever it cost us , 't is but restoring part of what we have saved , or had restored by their means . thly . let us not grudge or murmur at the hardships , or difficulties , with which we may be obliged to struggle for a few years . no great cure was ever perfected without putting the patient to some pain ; and then why should we expect it ? those that saw not what we suffered under the late government , may think some things hard at present . but i observe that the people of this kingdom , that seem to have the greatest cause to complain , are best satisfied : which gives us reason to suspect , that if any complain , 't is rather from their dissatisfaction with the present government , than their particular uneasiness . and i am afraid some among us are become like the roman common-wealth in the time of sylla , which as the historian observes , could neither indure its wounds nor its remedy : 't is want of experience in the world for any one to expect , that such a great revolution should be brought about , without exposing many to hardships and difficulties . but he that has patience shall see the end of his hope . lastly , let us lay aside all animosities amongst our selves , and all virulency against our enemies . let us be charitable to the distressed and mindful of those that have not yet obtained their share in this deliverance ; let us perform our vows and engagements to god , which we made in our distress ; let us lay aside self-interest , and set our selves to lay the foundations of a solid peace , in piety and justice . that the god of peace may delight to bless us and our governours ; and grant us an intire victory over our enemies , a happy union and agreement amongst our selves , and minister unto us many more occasions of thanksgiving . finis . notes, typically marginal, from the original text notes for div a -e * sir henry sidney five times chief governor between the years . and . adam loftus arch-bishop of dublin , three times lord justice between the years . and ▪ to his excellency the lord general monck the unanimous representation of the apprentices and young men inhabiting in the city of london. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing t thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) to his excellency the lord general monck the unanimous representation of the apprentices and young men inhabiting in the city of london. albemarle, george monck, duke of, - . sheet ([ ] p.) printed by tho. ratcliffe, london : anno dom. . [i.e. ] dated at end: this was delivered to his excellency at st. albans, thursday, febr. . . by persons elected for that purpose, and had a very cheerful reception. annotation on thomason copy: "feb: ." reproduction of the original in the british library. eng england and wales. -- parliament -- early works to . great britain -- politics and government -- - -- early works to . london (england) -- history -- th century -- early works to . a r (thomason .f. [ ]). civilwar no to his excellency the lord general monck. the unanimous representation of the apprentices and young men inhabiting in the city of london. albemarle, george monck, duke of c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - elspeth healey sampled and proofread - elspeth healey text and markup reviewed and edited - pfs batch review (qc) and xml conversion to his excellency the lord general monck . the unanimous representation of the apprentices and young men inhabiting in the city of london . humbly sheweth , that the glory of our nation , and the greatest comfort of our lives in our civil interests , consists in the priviledges and liberties to which we were born , and which are the undoubted inheritance of all the free people of england , among which the grand and essential priviledge which discriminates free men from slaves , is the interest which every man hath in the legislative power of the nation , by their representatives assembled in parliament : without which , however we may flatter our selves , or be flatter'd by others , we are truly no better then vassals govern'd by the will and pleasure of those who have no relation to us or our common interest . now how much this dear priviledge of the people hath been assaulted by the open violence of some , and secret artifice of others , and to what a deplorable condition we are brought at this present period , when heavy taxes are imposing upon mens estates , and new laws upon our persons without any consent of the people had in a free parliament , and how generally through the said distractions in government trading is decayed , and how much we are likely to suffer therby in our times and places , we cannot but remonstrate to your excellency , constrain'd through the sense of our present sufferings and apprehensions of greater to implore your assistance , most humbly beseeching your excellency by that ancient love you have born to your native countrey , zeal to our liberties , by that great renowne you have lately gain'd in opposing the cruel rageing of the sword by the common cries of the people , and by the hopes and chearful expectation of all england now fixt upon you ; and , lastly , by your own personal concern in the same common cause as a free-born english man , that you would please to use those great advantages divine providence hath now put into your hands to the securing your native countrey from those dangerous usurpations , and preserving us in those liberties to which we were borne . that no tax may be imposed , nor new law made , nor old abolisht but with the consents of the people had by their representatives in parliament , freely to be chosen without terrour or limitations , and freely to sit without any oath or engagement previous to their entrance , without which special liberties the parliament cannot in any construction be esteemed the free assembly of the people ; and by your excellency's asserting of those our undoubted rights in your present advantages , you will certainly by the blessing of god , and unanimous concurrence of the people accomplish our ends , and will thereby gaine the hearts and hands of the whole nation , and the city in particular , and purchase to your self a name that shall make every true english man call you blessed , and posterity shall hereafter delight to recount the famous acts of their worthy patriot . this was delivered to his excellency at st. albans , thursday , febr. . . by persons elected for that purpose , and had a very cheerful reception . london , printed by tho. ratcliffe , anno dom ▪ . a speech delivered in parliament by sir benjamin rudyard rudyerd, benjamin, sir, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing r ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing r estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; :e , no ) a speech delivered in parliament by sir benjamin rudyard rudyerd, benjamin, sir, - . [ ], p. s.n.] [london? : iuly , . a speech counselling moderation. "being none of those already in print." reproduction of original in thomason collection, british library. eng great britain -- politics and government -- - -- sources. a r (wing r ). civilwar no a speech delivered in parliament, by sir benjamin rudyard. being none of those already in print. rudyerd, benjamin, sir c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion a speech delivered in parliament , by sir benjamin rudyard . being none of those already in print . printed , . iuly . a speech delivered in parliament , by sir beniamin rudyard . m. speaker , there is a great door opened unto us of doing good , if we take advantage thereof : we are here met by the blessing of god and our king , parliaments of late daie● become unfortunate , it is our duty , by our good temper and cariage to shew their ancient lustre . there be some present who can remember the breaking up of the last parliament , a businesse certainly from which the papists are not exempted , who now by the discontinuance of parliaments , are come to that arrogancy and boldnesse , that they contend with us who are the better subjects : their emulation i like , but their presumptuousnesse is not to be born : i wish them no harm , but good ; for i desire conversion , and the way to do it , is to set up better lights , who have warmth in them , and are not luke warm in religion . surely they that quarrell betwixt preaching and praying , and would have them contend , those never meant well to either , but both must have their due . and yet i know not how it comes to passe , but it happeneth to us , which is in no other religion in the world , that a man may be two religious ; and many one , by that scandall , is frighted into a deep dissimulation . heretofore the distemper of this house hath been imputed to the papists , but the happy successe of this parliament seems to be in the generall power of all , and therefore it is wisdom in us to preserve temper and moderation . breaking of parliaments , makes dangerous wounds in the body politique ; and if these splinters be not pulled out with a gentle hand , we may hereafter dispair of cure . in anno . e. . subsidies were given to the king for expedition into france , but the ill managing of his treasure here , he was so low , that he was glad to make truce with the french king . in anno e. . he returned , and summoned a parliament , wherein there were nothing but jealousies and distempers . in anno e. . he called another parliament , to procure an attonement with his subjects , which took good successe , by their humble carriage to him , and his willingnesse to ratifie their liberties , whereby all breaches were then made up . a parliament is the bed of reconciliation betwixt the king and people , and therefore it is fit for us to lay aside all exasperations , and carry our selves with humility . howbeit the kings prerogative may go far , yet if it be swayed with equanimity , it may be the better born . princes are , and will be , as jealous of their power , as people can be of their liberties , though both are then best , when they are kept within their own severall bounds . levying of monyes are a great disturbance to the subjects , and so will be the scarcity of the kings revenues , untill they be supplied : and where the power of a king , and necessity , meets in one hand , he will not long be disappointed . but before the ending of this parliament , the untimely breaking whereof would be the breaking of us . i doubt not but his majesties revenewes may be so settled , that he may live plentifully at home and abroad , and without taking any thing from his majesty , save that which of it self would fall away , and which we desire to restore . before the parliament , we thought he would redresse our grievances , and should it be otherwise now ? shal we think better of an imaginary than of a reall parliament . in former parliaments , the carriage of some hath been so haughty , as though a parliament should last alwayes ; and the carriage of othe● , as if there would never be any again ; and therefore a moderation ( if we love our selves ) is requisite : the delayes where of are so well known , how dangerous they are , both to the common wealth and religion , seeing ( during this vacation of parliaments ) so many disorders have been committed , both by innovations of religion , violation of laws , and intrenching upon our liberties . but set all these things arigh● , it is now our task . and if in in those tempting provocations we bear temperate moderation , we shall not misse of our ends , but shall vindicate god in his religion , the king in his honour , in its gasping extremity , if these things be respected by us , beware of having the race of parliaments rooted out . men and brethren ; what shall we do ? if it were for my life , i would desire nothing more than that we proceed with moderation , that so we may have many happy parliaments , and that no dismall events may happen to any : for when parliaments are gone ; then we are lost . finis . to the hon[ble]. the house of commons now assembled in the high court of parliament, the humble petition of john lilburne leift. [sic] colonel. in all humilitie. lilburne, john, ?- . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing l ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing l estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : or : b) to the hon[ble]. the house of commons now assembled in the high court of parliament, the humble petition of john lilburne leift. [sic] colonel. in all humilitie. lilburne, john, ?- . sheet ([ ] p.) s.n., [london : ?] place and date of publication from wing ( nd ed.). copy at reel : b filmed following: to the right honourable the lords and commons now assembled in parliament, the humble petition of the prisoners in the fleet. reproductions of original in: lincoln's inn (london, england). library. eng lilburne, john, ?- . fleet prison (london, england) great britain -- history -- civil war, - -- early works to . great britain -- politics and government -- - -- early works to . broadsides -- london (england) -- th century. a r (wing l ). civilwar no to the honble. the house of commons now assembled in the high court of parliament the humble petition of john lilburne leit. colonel. in all lilburne, john d the rate of defects per , words puts this text in the d category of texts with between and defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - pip willcox sampled and proofread - pip willcox text and markup reviewed and edited - pfs batch review (qc) and xml conversion to the honble. the house of commons now assembled in the high court of parliament the humble petition of john lilburne , leift. colonel . in all humilitie shewing , that your petitioner having suffered aboundance of inhumaine barbarous crueltie , by vertue of an illegall decree made against your petitioner in the starr-chamber , . ( as by the coppie of his petition formerly presented to this honourable house here unto anexed , and by your owne votes made the . of may . . upon the examina●ion of that petition ) will appeare , which are as followeth , first , that the sentence of the star-chamber given against him is illegall and aga●nst the libertie of the subject , and also bloudy , wicked , cruell , barbarous and tyrannicall . secondly , that reparations ought to be given to him , for his imprisonment , sufferings , and losses sustained by , that illegall sentence ; and then also ordered that care should be taken to d●aw up his case and transmit it to the lords . but by reason of multitude of businesse in this honourable house there hath been no further proceeding in it since , and these distractions comming on ; your petitioner tooke command under the right ho●ourable robert lord brooke , with whose regiment he adventured his life freely , and resolutely both at kenton field and brainford , where he was taken prisoner and carried away to oxford : where within a short time after his comming , the king sent to the castle to your petitioner , the now earle of kingston , the lord dunsmore , the lord maltrevers , and the lord andevour to wooe your petitioner with the large profers of of the honour and glorie of court preferment , to forsake the parliaments partie ; and to ingage on his partie ; upon the slighting and contemning of which your petitioner was within few dayes after laid in irons & kept an exceeding close prisoner , & forced severall times to march into oxford in irons to iudge heath , b●fore whom he was araigned for high treason , for drawing his sword in the cause of the common-wealth , & suffered multitudes of other miseries in his almost twelve moneths cruell captivitie there . in which time he lost above . l. in his estate that he left behind him at london ( as he is cleerly able to make appeare ) and immediately after his comming from thence he tooke command in the earle of manchesters army , his commission as major of foot , bearing date the . of october , which lasted till the . of may , at which time he was authorized by commission as leiftenent collonell to command a regiment of dragooners . in which service having beene in many ingagements , he hopes it will easily appeare that he hath not only behaved himselfe honestly and faithfully , but also valiently and stoutly in the midst of many discouragements , ( god crowning some of his endeavours with successe , especially at the taking in sir francis wortlers garrison and tickel castle , the premises considered , he humbly beseecheth this honourable assemblie to perfect that justice which you happily began for your petitioner , and to give him reparation for his long and tedious imprisonment and heavie sufferings by the starr-chamber decree ( having waited . yeares with patience for that end ) though he lost by his imprisonment all that he had , and was deprived of a profitable calling being then in the way of a factor in the low countries ) and also to take of the kings fine . and to consider his service with the earle of m●nchester , his pay amounting to about . l. of which he hath not received , . l. though he hath faithfully adventured his life , and spent a great deale of his own money , and lost at newarke when prince rupert raised the seige almost a . l. being stript from the crowne of the head to the sole of the foot , beside● his former losses at kenton battell and brainford . wherefore he humbly prayeth that his accoumpts may be audited and his arreares ( according to the tennor of your own ordinance ) paid unto him . and he shall ever pra , &c. john lilburne . to the honorable house of commons , now assembled in the high court of parliament . the humble petition of john lilburne , prisoner in the fleete : in all humilitie sheweth , that in december next will be three yeares , your petitioner upon supposall of sending over certaine bookes of doct bastwickes from holland into england , was by doct. lambes warrant without any examination at all sent to the gate house prison , and from thence within three dayes removed to the fleet where he abiding prisoner , in candlemas tearme following was proceeded against in the honourable court of starr-chamber , where your petitioner appearing and entering of his name , for want of money his name was struck out againe , and he refusing , to take an oath , to answer to all things that should be demanded of him , for that your petitionor conceived the said oath to be dangerous and illegall , without any interogatorys tendered him , for his refusing the said oath , he was prosecuted and censured in the said court most heavily , being fined . l. to the king , and sent prisoner to the fleet . and in easter tearm following was whipped from the fleet to westminster , with a . fold knotted cord receiving at least stripes , and then at westminster he was set on the pillary the space of . houres ( and over and above the censure of the court at the warden of the fleets command was gagged about an houre and halfe ) after which most cruell sufferings was againe returned into the fleet close prisoner , when through his said sufferings the next morning he being sicke of an extreame feaver could not have admittance for his chirurgion to let him bloud , or dresse his sores till the after noone of the said day though the chirurgion himselfe in pittie to the prisoner went to westminster to the warden himselfe , and your petitioner hath been a close pisoner in the fleet ever since , where in a most cruell manner he hath been put into iron fetters both hands and leggs , which caused a most dangerous sicknesse that continued . moneths , and after some small recoverie was againe laid in irons : which caused at least . moneths sicknesse more dangerous then the former . during which time of sicknesse , they have most unhumanely denyed his friends to come to see him , untill they would give them money for admittance ; and they have denyed many to come at all , and have beaten , and kicked , and otherwise most shamefully abused such his friends as came to see him in his great distresse , and to bring him food and necessaries to sustaine his life , and also have kept his servant from him , and his food : so that if he had not been releived by stelth of his fellow prisoners he had been kept from any food at all for above the space of . dayes together , and the prisoners that out of pitty have releived him , have been most cruelly punished , and the keepers have not forborne to confesse themselves that they had starved him long agoe , had not the prisoners releived him : and besides all this they have most cruelly beaten and wounded him , to the hazard of his limbs , and danger of his life , had he not been rescued and saved from them by the prisoners of the same house , in which most miserable condition your poore petitioner hath continued a prisoner for the space of above yeares and a halfe , and is like still to continue in the same under the merciles hands of the warden of the fleet , who hath denyed lawfull libertie to his prisoners : for that he hath said , he must observe the man that hath so great a sway in the kingdome , intimating the arch bishop . all which his deplored condition and lamentable miseries he most humbly presenteth to this honourable assembly beseeching them to be pleased to cast an eye of compassion towards him , and to afford him such releife from his censure and hard imprisonment as may seem good to your wisedomes , who otherwise is like to perish under the hands of mercilesse men . and your petitioner shall ever pray as in duty he is bound to the lord to blesse and prosper this honourable assembly . john lilburne . may it please this honorable house to take notice , that i have indeavored , by all the wayes and meanes i possible could , for these divers weekes together , to get my petition presented and , read in this honorable assembly : but by reason of multitudes of publique businesse , i have not been able to get my desire effected : therefore in regard of my necessities arising from my often suffering shipwracke in my estate , in reference to my eyeing the welfare of the publique , and having spent above threescore pounds since i begun to wait upon this house to get this petition read , and having a wife and familie to maintaine , meerly out of my owne industerie which are likely to suffer very much by my continued attendance here , i am therefore necessitated to assume the boldnesse to present my pettition in print to the honourable members of this house , hoping i shall not therefore be esteemed a transgressor ; especially when it is seriously considered that for above . yeares together , i have suffered all kind of miseries , hazards and dangers , and laboured studiously and cordially to preserve and defend my birth right and priveledges , which is the inheritance of all the freeborne people of england , amongst which i humbly conceive the libertie of making knowne my greviances to this heigh and honourable court ( the trustes of the whole common welth of england ) is not the least ; for whose just authority i have so often in the feild ventered my life . and whereas in the conclusion of my petition , i pray that my accompts may be audited , i humbly crave leave to declare unto you one reason for that , which is this . i was major to collonell king for divers moneths , with whom i served in lincolnsheire faithfully , my pay amounting to betwixt . & . l of which he paid me about one forth , & detaines the rest in his owne hands , ( which i am confidently perswaded he received punctually ) of the countery , with other large sumes of other officers which likewise he unjustly detaines , as patticularly . l , . . of my eldest brothers , who never had a weekes pay from him . and ●●●ewise . l. . s. . d. of my youngest brother , with other great sums and though we had the earle of manchesters warrant to him and the auditer generall of the army to audit our accompts , yet he contemnd them both , and would not give us a debenter for our money though we honestly paid our quarters both for horse and man and though he receaved about twenty thousand pounds of the county to pay his officers and souldiers as divers of the committee of lincolne doe affirme in their printed articles which were exhibited to this honourable house in august last , and if they had said . l. i beleeve it might easily be proved true , if you would command him , to give up his accompts and authorize men of integrity and fidelitie in the country to inquire after his receipts , the which if you please to doe i doe humbly conceive you will get some thousands of pounds by it , which he unjustly detaines in his hands from you and those that have done you faithfull service , finis . a letter from his excellencie the lord general monck, and the officers under his command, to the parliament, in the name of themselves and the souldiers under them albemarle, george monck, duke of, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing a ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing a estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a letter from his excellencie the lord general monck, and the officers under his command, to the parliament, in the name of themselves and the souldiers under them albemarle, george monck, duke of, - . [ ], p. printed by john macock, london : . reproduction of original in bodleian library. eng great britain -- politics and government -- - . a r (wing a ). civilwar no a letter from his excellencie the lord general monck, and the officers under his command, to the parliament; in the name of themselves, and england and wales. army b the rate of defects per , words puts this text in the b category of texts with fewer than defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion a letter from his excellencie the lord general monck , ●nd the officers under his command , to the parliament ; the name of themselves , and the souldiers under them . london : printed by john macock . . a letter of his excellency and his officers , &c. mr. speaker , we cannot but with thankfulness acknowledge the wonderful goodness of god to you , in your return to the discharge of your remaining trust ; and to our selves , and your forces under our commands , ( after some difficulties ) in bringing of us , by a tedious march , in such safety to this place , to wait upon you in asserting the freedoms of our native country : and being here , ( as we have to our utmost hazard and power been instrumental in your return , so ) we shall be still ready to pursue your commands so far as possibly we may . to evidence which , we have observed and executed your late orders in relation to the chains , posts , and gates of the city ; which was something grievous to us , and to the officers and the souldiers under our commands ; and that because we do not remember any such thing was acted upon this city in all these wars ; and we fear that many sober people are much grieved at it , and apprehend further force to be offered to them , while they seem principally to desire the speedy filling up of the house , which you have declared for , as well as we have express'd our just desires of ; and are apt to doubt , lest , what we have done , may be so far from answering the expected end , as that it may encrease the discomposure of mens spirits in the nation . upon this occasion , it comes fresh into our minds , that when by the treachery of some officers of the army you were interrupted , we declared to the world , that the ground of our undertaking was not onely your return to your trust , but also , the vindication of the liberties of the people , and the preservation of the rights of our country , the protection and encouragement of the godly and faithful therein , as the establishment of the peace of these nations . which declarations made before the lord , angels and men , in the day of our extremity , we ( as we expect the blessing of the lord upon our future undertakings ) cannot but still own , and stand by . we finde that the asserting of the just liberties of the people , is that which the generality of the nation is much in expectation of ; and that many sober people ( together with our selves ) are under fears lest this great price that god hath put into your and our hands , ( as your servants ) should not be improved , but that we shall run in confusion again . therefore we humbly crave leave to present before you , some grounds of our fears : we are affraid that the late wonderful and unparallell'd deliverance , is not so publickly and solemnly acknowledged as it might be , that the lord ( who wrought so stupendiously ) may have the glory of all : we are troubled that some as yet do sit in the house , who are impeached of treason : we cannot but observe that divers members of your house , ( who contrary to their trust , acted in that illegal and tyrannical committee of safety ) are not actually disabled from sitting there : notwithstanding colonel lambert hath onely the vote of indempnity to secure him from as high crimes as have been committed in this nation , and is not obedient to your orders , yet he seemeth to be winked at . we understand that sir henry vane upon bare pretence is permitted to stay about the city , to the great dissatisfaction of your best friends ; that there are dangerous consultations , and that of those who had a chief hand in your late interruption , and the hazarding of the whole nations , contrary to our expectation . vve find continued in the army some persons of dangerous principles , and such who were active enough in the late defection . though we are far from wishing the ruine of any , yet we could desire that your signal indulgence to late notorious offenders , did meet with that candid reception from them , as to be so much the more ingenuous in their professed repentance : but we observe that many of them do seek to justifie themselves , and are not without their agents in print to palliate their foul enormities ; which maketh us yet to suspect that we are in some danger of returning into the late distempers that you and the nation are but newly delivered from . we are not ignorant , that there are those who lately struck at the root of english parliaments in practise and design , thereby have inflamed the nation , and given great advantage to the common enemy , yet they are not without a strange confidence to precipitate men into a belief , that they are the only persons against the one , and for the other . with grief of heart we do remember and would lament over the too palpable breach of engagements in this nation ; therefore we should think it a duty rather to mourn over the same , than to promote any new oath to be taken at this time : yet we perceive that there is a design to provoke the parliament to enforce an oath upon the nation , and do take notice , that amongst others , there are some who are most forward to promote the said design , who have made the least ( if any ) conscience in keeping engagements already taken . here we must not silence our deep resentment of a bold petition , and of dangerous consequence , which was lately presented to you , the consequence whereof ( if you should answer their desires ) would be to exclude many of the most conscientious and sober sort of men from serving under you in civil and military imployments , who have and would prove themselves most faithful ; and a door would be opened in design to retrive the interest of those who have ( by the just hand of our gracious god ) made themselves so apparently obnoxious . moreover ( which is not the least part of the venome of that petition ) we clearly see the same spirit , which of late would have pull'd away the by-you-declared-just maintenance from ministers , would now provoke you by an oath to endanger the forcing away of many of the most godly from their maintenance . in urging our fears from the premises that concerns some of different principles from us , we would not be thought to ( as we do not ) design any thing that may incur the censure of unjust rigidity . we freely profess our desires , that tenderness of conscience may have its full just liberty , but we cannot in judgment , account that tenderness of conscience which will not scruple at treachery it self ; or any unrighteousness to carry on corrupt designs . having presented you with our fears , we shall adde our resolution , that by the help of god we shall stand by you in the pursuance of what we have declared for : and therefore do make this humble request to you : we could desire , that whilst you sit , your utmost endeavours may be to manifest your affectionate desires for the publick good of these nations ; our further desire is , that those regiments under your consideration ( whose officers are not ) may be speedily pass'd . and in regard we find that the grand cause of the present heats and dis-satisfactions in the nation is , because they are not fully represented in parliament , and seeing no other probable expedient whereby to keep the nation in peace , then by filling up your number ; we must therefore make this our main desire , upon which we cannot but insist , that you would proceed to issue forth writts in order to elections : for the better effecting whereof we entreat , that you would conclude upon due and full qualifications , that not only those who have been actually in arms against the parliament may be excluded , but also such who in the late wars betwixt king and parliament have declared their dis-affection to the parliament : and because the distracted condition of this nation is at this hour so evident and pressing , we are constrained for the just maintenance of your authority and the satisfaction of all true english men , earnestly to desire , that all the writts may be issued forth by friday next , returnable at the usual and legal time ; for we think it convenient to acquaint you , that to pacifie the minds of this great city , in the prosecution of your late commands , the chief of us did give an assurance thereof . and we must not forget to remember you , that the time hastens wherein you have declared your intended dissolution , which the people and our selves desire you would be punctual in . hereby the suspition of your perpetuation will be taken away , and the people will have assurance that they shall have a succession of parliaments of their own election ; which is the undoubted right of the english nation : you have promised and declared no less : both the people and your armies do live in the hope and expectation of it . that we may the better wait for your full and free concurrence to these just desires on the nations behalf , upon mature deliberation , we have thought it our duty as to continue the usual guards for the safety of your sitting , so for the present to draw the rest of the forces under our command into the city , that we may have the better opportunity to compose spirits , & beget a good understanding in that great city , formerly renowned for their resolute adhering to parliamentary authority , and we hope that the same spirit will be found still to breath amongst the best , most considerable , and interessed persons there . this action of ours , as we hope it will receive your favourable interpretation , so we do believe it will ( through the blessing of god ) be of good use for the present peace , and future settlement of these nations . these are our thoughts which we communicate to you , in the names of our selves , and the officers and souldiers under our commands , we are , white-hal , feb. . . your honours most humble servants , george monck . colonels . tho. sanders . tho. read . l'eon . litcot . ra. knight . jo. clobery . dan. redman . jo. hublethorne . ethelbert morgan , lieut. coll. majors . nathaniel barton , major . tho. johnson . jer. smith . phil. pryme . fran. nichols . peter banister . most reverend father in god, our right trusty and entirely beloved counsellor, we greet you well ... charles r. england and wales. sovereign ( - : charles ii) approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing c estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) most reverend father in god, our right trusty and entirely beloved counsellor, we greet you well ... charles r. england and wales. sovereign ( - : charles ii) charles ii, king of england, - . broadside. printed by the assigns of john bill deceas'd, and by henry hills, and thomas newcomb ..., london : [i.e. ] title from first lines of text. statement of responsibility transposed from head of title. "given at our court at whitehall the second day of february , in the six and thirtieth year of our reign." "to the most reverend father in god, our right trusty and right entirely beloved counsellor, william lord arch-bishop of canterbury, &c." countersigned: by his majesties command, l. jenkins. reproduction of original in the british library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng great britain -- history -- charles ii, - . great britain -- politics and government -- - . - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion diev et mon droit honi soit qvi mal y pense royal blazon or coat of arms charles r. most reverend father in god , our right trusty and entirely beloved counsellor , we greet you well . the continuance of this extreme hard weather , exciting our gracious compassion towards the poorer sort of our subjects , so much the more as that we find in our cities of london and westminster , and in the parishes within the bills of mortality , that the very great number of such as by reason of the weather cannot work at their trades and usual employments , hath in a manner exhausted all provisions and charities that have been hitherto made for them ; we have therefore thought it necessary at this time heartily to recommend unto you , and we do hereby expresly will and require you to take care , that as soon as it is possible a collection be made of the alms and benevolence of all charitable and well disposed people within your diocess of canterbury ; and that all the moneys that shall be so collected , being returned to your hands , be by you distributed ( taking along with you the notices that our right trusty and welbeloved counsellor the bishop of london will be able to give you , he having already distributed great sums of money upon this charity ) among such poor as live within our cities of london and westminster , and the parishes within the bills of mortality ; and that among them a special regard be had ( as we have already directed the said bishop of london ) to poor seamen , watermen , and indigent house-keepers . we doubt not but upon this occasion you will call earnestly upon the clergy of your diocess , to do their part herein , with a diligence and zeal suitable to the charity of the work , and the great exigency of the time. and so we bid you very heartily farewel . given at our court at whitehall the second day of february , in the six and thirtieth year of our reign . to the most reverend father in god , our right trusty and right entirely beloved counsellor , william lord arch-bishop of canterbury , &c. by his majesties command l. jenkins . london , printed by the assigns of john bill deceas'd : and by henry hills , and thomas newcomb , printers to the kings most excellent majesty . . mr. prynnes demand of his liberty to the generall, decemb. . with his answer thereto; and his declaration and protestation thereupon. prynne, william, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing p thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) mr. prynnes demand of his liberty to the generall, decemb. . with his answer thereto; and his declaration and protestation thereupon. prynne, william, - . fairfax, thomas fairfax, baron, - . sheet ([ ] p.) s.n., [london : ] dated and signed at end: decemb. . . william prynne. the generall = thomas fairfax, baron fairfax. place of publication from wing. variant; includes a quote from 'revel. . ' ending with the phrase "crown of life" between date and signature at end. reproductions of the originals in the harvard university library (early english books) and in the british library (thomason tracts). eng prynne, william, - -- early works to . detention of persons -- england -- early works to . great britain -- history -- civil war, - -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no mr. prynnes demand of his liberty to the generall, decemb. . . with his answer thereto; and his declaration and protestation thereupon prynne, william b the rate of defects per , words puts this text in the b category of texts with fewer than defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion mr. prynnes demand of his liberty to the generall , decemb. . . with his answer thereto ; and his declaration and protestation thereupon : for the honourable lord fairfax , generall of the present army . these are to acquaint your lordship ; that i being a member of the commons house of parliament , a freeman of england a great sufferer for , and an assertor of the subjects liberties against all regall and prelaticall tyranny , and no way subject to your owne , your councell of warres , or officers military power or jurisdiction , going to the house to discharge my duty on the sixt of this instant december , was on the staires next the commons house doore , forcibly kept back from entring the house , seized on , and carried away thence , ( without anie pretext of lawfull authoritie or cause assigned ) by col. pride and other officers and souldiers of the armie under your command . and notwithstanding the houses demand of my enlargement both by their serjeant and otherwise , ever since unjustly detained under your marshalls custodie , and tossed from place to place , contrarie to the known priviledges of parliament , the libertie of the subject , and fundamentall lawes of the land , which you are engaged to maintain against a●● violation . and therefore do hereby demand from your lordship my present enlargement , and just libertie , with your answer hereunto . from the kings head in the strand , december . william prynne ; this was delivered to the generalls owne hands at his house in queenestreet , about three of the clock , the same day it beares date ; by doctor bastwicke , who returned this answer by him , upon the reading thereof : that he knew not but mr. prynne was already released , and that hee would send to his officers to know what they had against him . who it seemes act all things without his privity , and steer all the armies present counsells and designes , according to their absolute wills . the publick declaration , and protestation of william prynne of lincolnes inne esquire , against his present restraint : and the present destructive councells , and iesuitical proceedings , of the generall , officers and army . i william prynne , a member of the house of commons and freeman of england ; who have formerly suffered . yeares imprisonment ( four of them close , three in exile ) three pillories , the losse of my eares , calling , estate , for the vindicating of the subjects just rights and liberties against the arbitrary tiranny and iniustice of king and prelates , and defence of the protestant religion here established ; spent most of my strength and studyes in asserting the peoples iust freedome , and the power and priviledges of parliament , against all opposers , and never received one farthing ( by way of dammages , gift , or recompence ) or the smallest benefit or preferment whatsoever , for all my sufferings , and publike services , doe here solemnly declare , before the most just and righteous god of heaven and earth , ( the searcher of all hearts ) the whole kingdome , english nation , and the world , that having according to the best of my skil and judgment , faithfully discharged my trust and duty in the commons house , upon reall grounds of religion , conscience , justice , law , prudence and right reason , for the speedy and effectuall settlement of the peace and safety of our three distracted , bleeding dying kingdoms , on munday , the th . of december , i was on wednesday morning following ( the sixt of this instant ) going to the house to dischage my duty , on the parliament staires next the commons doore , forcibly seized upon by col. pride , sir hardresse waller , and other officers of the army ( who had then beset the house with strong guards and whole regiments of horse and foot ) haled violently thence into the queens court , notwithstanding my protestation of breach of priviledge , both as a member and a freeman , by a mere usurped tirannicall power , without any lawfull authority , or cause assigned ; and there forcably detained prisoner ( with other members there restrained by them ) notwithstanding the houses double demand of my present enlargement to attend its service , by the sergeant , and that night [ contrary to faith and promise ] carried prisoner to hell , and there shut up all night , ( with other members ) without any lodging or other accommodations , contrary to the known priviledges of parliament , the fundamentall lawes of the realme , and liberty of the subiect ; which both houses , the three kingdomes , the generall with all officers and souldiers of the army , are by solemn covenant and duty obliged inviolably to maintaine . since which i have , without any lawfvll power or authority , been removed and kept prisoner in severall places , put to great expences , debarred the liberty of my person , calling ; and denyed that hereditary freedome , which being to me of right , both as an freeman , a member , an eminent sufferer for the publike , and a christian , by these who have not the least shaddow of authority or justice to restraine me , and never yet objected the least cause of this my unjust restraint : i do therefore hereby publiquely protest against all these their proceedings , as the highest usurpation of an arbitrar i and tyrannicall power , the greatest breach of faith , trust , covenant , priviledges of parliament , and most dangerous encroachment on the subiects liberties , and lawes of the land , ever practised in this kingdome by any king or tyrant , especially by pretended saints , who hold forth nothing but iustice , righteousnesse , liberty of conscience , and publike freedome in all their remonstrance ; whiles they are tryumphantly trampling them all under their armed iron feet . and do further hereby appeal to , & summon them , before all the tribunalls & powers in heaven and earth for exemplary iustice against them , who cry out so much for it against othes , lesse tyrannicall , oppressive , uniust , and fedifragus to god and men , then themselves : and doe moreover remonstrate , that all their present exorbitant actings against the king , parliament , present government , & their new-modled representative , are nothing else but the designs and projects of iesuits , popish priests , & recusants , [ who beare chiefe sway in their councels ] to destroy and subvert our religion , lawes , liberties , government , maiestracy , ministry , the present and all future parliaments , the king , his posterity , and our three kingdomes , the generall , yee officers , and army themselves , and that with speedy and inevitable certainty ; to betray them all to our forraigne popish enemies ; and give a just ocasion to the prince and duke , now in the papists power , to alter their religion , & engage them , and al foraign princes and estates to exert all their power to suppresse and extirpate the protestant religion and posessors of it through all the world , which these unchristian , scandalous , treacherous , rebellious , tyrannicall , jesuiticall , disloyal , bloody present counsels and exorbitances of this army of saints , so much pretending to piety and iustice have so deepely wounded , scandalized , and rendred detestable to all pious , carnall and morall men of all conditions . all which i am , and shall alwayes be ready to make good before god , angels , men , and our whole three kingdoms in a free and full parliament , upon all just occasions ; and seal the truth of it with the last drop of my dearest blood . in witnesse whereof , i have hereunto subscribed my name : at the signe of the kings head in the strand : decemb. . . william prynne . an account of the proceedings of the lords and commons, in the parliament-house, upon their first convention with the several debates and speeches relating thereunto. england and wales. parliament. approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing e estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) an account of the proceedings of the lords and commons, in the parliament-house, upon their first convention with the several debates and speeches relating thereunto. england and wales. parliament. broadside. printed by charles bill, and the executrix of thomas newcomb ..., london : . reproduction of original in the british library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- parliament. great britain -- history -- james ii, - . great britain -- politics and government -- - . - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion an account of the proceedings of the lords and commons , in the parliament-house , upon their first convention ; with the several debates and speeches relating thereunto . tvesday being the d. of this instant january , and the time appointed for the meeting of the convention , the members , accordingly elected , met at the parliament-house at westminster ; where , after the usual customs and ceremonies of the house were over , the members accordingly took their places ; and mr. powle being chosen speaker , made this small harrangue to the house . gentlemen , the distracted conditions of these kingdoms , being now left without a head or king , requires a speedy and double care from the representatives in this house : and since there are few here but must of necessity know the calamities that attend a large and populous nation , under no certain form of government , the great enormities , as rapes , murthers , robberies , devastations , and private pillages , that are very usual and common in such cases ; every man 's private interest , besides the care of his native country , ( a duty incumbent upon you all ) must be sufficient motives . but one thing i am commanded ( by his highness the prince of orange ) to put you in mind of , viz. the present condition of the protestants in ireland , who are now in a deplorable condition , so vast an army of papists being in actual arms in that kingdom , and all sworn sacramentally enemies , not only to the protestant religion , but also to the crown of england , that unless some speedy care be taken for their relief , they will not only undergo a general massacre , but also that kingdom will be inevitably lost to this crown . i am also commanded to put you in mind of the growth of france , and the aspiring hopes of their turbulent monarch , who , we know , is not only an enemy to the protestant religion , but also a sworn foe to the crown of england : we therefore ought to be in such a condition , not only to defend our selves against the utmost of his force , but also be able to give him so powerful a diversion in his own country , that our former conquests in france may be remembered , and the provinces formerly belonging to the crown of england recover'd . this speech was received with a general satisfaction of the house ; and a worthy gentleman of the same , made this reply . mr. speaker , we cannot be sufficiently thankful to almigh●y god , whose providence , per varias casus , per tot discrimina rerum , has brought us all to this place , and once more put us in a condition of shaking off the tyrannick yoke of romes insufferable bondage under which we began to groan ; and to which we had been perpetual slaves , ( a miserable condition for english-men ) had not the speedy succours of his royal highness the prince of orange come just in the nick and prevented it ; and , indeed , in a small time confounded the tedious toyls , and incessant labor of the papal chair and its adherents . and as for the condition and state of ireland , and growth of the french monarch , i hope we shall take that care , that we may be in a capacity of keeping our own , and stop the progress●●●●●d grandeur of our enemy the french king. but the first thing we must conclude on , is , a suitable return to his royal highness the prince of orange , for the great care and hazzard he has undergone for our preservation , and other things will follow in course . this being the general opinion of the house , a committee was chosen out to present the thanks of the house to the prince , and so ended the business of that day . his highness the prince of orange his letter to the lords spiritual and temporal assembled at westminster in this present convention , january d . . my lords , i have endeavoured , to the utmost of my power , to perform what was desired from me , in order to the publick peace and safety ; and i do not know that any thing hath been omitted which might tend to the preservation of them , since the administration of affairs was put into my hands : it now lieth upon you to lay the foundations of a firm security for your religion , your laws , and your liberties . i do not doubt , but that by such a full and free representative of the nation , as is now met , the ends of my declaration will be attained : and since it hath pleased god hitherto to bless my good intentions with so great success , i trust in him , that he will compleat his own work , by sending a spirit of peace and union to influence your councils , that no interruption may be given to an happy and lasting settlement . the dangerous condition of the protestant interest in ireland , requiring a large and speedy succour , and the present state of things abroad , oblige me to tell you , that next to the danger of unseasonable divisions amongst your selves , nothing can be so fatal as too great delay in your consultations : the states , by whom i have been enabled to rescue this nation , may suddenly feel the ill effects of it , both by being too long deprived of the service of their troops , which are now here , and of your early assistance against a powerful enemy , who hath declared war against them : and as england is by treaty already engaged to help them upon any such exigencies , so i am confident that their chearful concurrence to preserve this kingdom with so much hazard to themselves , will meet with all the returns of friendship and assistance , which may be expected from you , as protestants and englishmen , when ever their condition shall require it . given at st. jame's this d day of january , . will. h. p. d' orange to the lords spiritual and temporal , assembled at westminster in this present convention . an order of the lords spiritual and temporal and commons , assembled at westminster in this present convention , for a publick thanksgiving . ordered , by the lords spiritual and temporal , and commons , that thursday the of january instant , be and is hereby appointed for the city of london and ten miles distance , for a day of publick thanksgiving to almighty god , for having made his highness the prince of orange , the glorious instrument of the great deliverance of this kingdom from popery and arbitrary power . and that thursday the fourteenth day of february next , be and is hereby appointed for a publick thanksgiving throughout the whole kingdom for the same . london printed for w. d. . the late apology in behalf of the papists reprinted and answered in behalf of the royallists lloyd, william, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing l estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the late apology in behalf of the papists reprinted and answered in behalf of the royallists lloyd, william, - . p. printed for henry brome ..., london : mdclxxiii [ ] reproduction of the original in the merton college library, oxford university. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng castlemaine, roger palmer, -- earl of, - . -- catholique apology. catholics -- england. great britain -- politics and government -- - . - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - john latta sampled and proofread - john latta text and markup reviewed and edited - pfs batch review (qc) and xml conversion the late apology in behalf of the papists , reprinted and answered in behalf of the royallists . london : printed for henry brome , at the gun in s. paul's church-yard . mdclxxiii . to the author of the apology . sir , about fourscore years ago , in a time when there were such apprehensions of the papists as now there are , ( and howsoever they are now , surely then they were not without cause ) some of your predecessors , to palliate the matter , and to make their governors more secure of them ; writ a book to this effect , that catholicks are to imploy no other arms against their prince but the arms of christians , viz. tears , and spiritual means , daily prayers , and watchings and fastings ▪ . so you begin , [ my lords and gentlemen , the arms which christians can use against lawful powers in their severity are only prayers and tears . ] we cannot say that you writ your book for the same end as they did . but we do not like it , that you jump so together in the same beginning . [ now since nothing can equal the infinity of those we have shed , but the cause , viz. to see our dearest friends forsake us , we hope it will not offend you , if ( after we have a little wip'd our eyes ) we sigh out our complaints to you . ] of the cause of your tears , we shall say more anon . of the quantity of them , you say very extravagantly , nothing can equal the infinity of those we have shed . for you might have excepted those of the protestants in queen maries dayes , or of them that suffered in the late irish rebellion . you ought to have excepted the fears of your fabulous purgatory : and yet those are said to be short of infinity . but you jesuites love to be hyperbolical , whether ranting or whining ; as if that religion which obliges you to damn all other christians , had likewise forbidden you to speak like other men. [ we had spoke much sooner , had we not been silent through consternation to see you inflamed , whom with reverence we honor ) and also to shew our submissive patience , which used no slights nor tricks to divert the debates of parliament : for no body can imagine where so many of the great nobility and gentry are concerned , but something might have been done ; when as in all ages we see things of publick advantage by the managers dexterity nipt in the bud , even in the very houses them selves . far be it from catholicks to perplex parliaments , who have been the founders of their i riviledges , and all antient laws : nay magna charta it self had its rise from us , which we do the less boast of , since it was not at first obtained in so submiss and humble a manner . in the same roman style you commend your owne silence and patience . you boast that you have been the founders of the parliaments priviledges , and all antient laws . of the first , let every man believe as he sees cause . but the second we cannot allow , in either sense , whether you mean it of your selves , or of your predecessors . for as now in your church , men are of two sorts , even so they were heretofore in this realm . there were some that wholly minded the common interests of christian religion and civil government . others were papalini , asserters and promoters of the popes usurpations . they which acted in those first capacities were not more your predecessors than ours . they which acted in the other were truly and only yours . you say , [ we sung our nunc dimittis when we saw our master in his throne , and you in your deserved authority and rule . ] 't is very well . and yet * some of you sung your venite exultemus when you saw his blessed father upon the scaffold . but what of that ? since the son is king , who is not glad † that he is king ? or whom would it not grieve to have his loyalty called in question ? [ nor could any thing have ever grieved us more , but to have our loyalty called into question by you even at the instigation of our greatest adversaries . [ if we must suffer let it be by you alone ; for that 's a double death to men of honor , to have their enemies not only accusers , but for their insulting judges also . ] sir , he that is loyal , and a man of honor , has no cause to fear death , double or single . for our kings have alwayes declared * that they put no man to death for religion . therefore if you truly fear death , it is for treason . if you only pretend this , it is a calumny . either way you are no friend to the government , for all your pretences to honor and loyalty . [ these are they that by beginning with us , murthered their prince , and wounded you : and shall the same method continue by your approbation ? we are sure you mean well ; though their design be wicked : but never let it be recorded in story , that you forgot your often vows to us , in joyning with them that have been the cause of so great calamity to the nation . ] how far it is true , that the kings murtherers began with you , we shall consider anon . but it seems you take the liberty of bestowing that character upon whom you please ; that no man hereafter may dare move for the execution of any law against you , for fear of being said to continue the method of the kings murtherers . as for any vows that we have made to you , whatsoever they are , you are more sure of them than we can be of any that you make to us ; for we have no pope to dispense with them . neither is it recorded in story , * that english protestants ever joyn'd with the enemies of their nation . [ of all calumnies against catholicks , we have admired at none so much as that their principles are said to be inconsistent with government , and they themselves thought ever proue to rebellion . ] 't is a calumny of yours to call those things calumnies , which are true , and which you cannot deny without such a presumption as we should much admire in you if it were not so very ordinary . concerning your principles , where should we look for them , but in your councils , your decretals , and the books of your divines ? in each of these we are taught , that the pope has a power to depose kings , and to discharge subjects from their allegiance : which doctrines are utterly inconsistent with government : for whosoever believes them , no prince can be secure of him . but whosoever is a papist , is bound to believe them . and he that has imbib'd this faith , may well be thought ever prone to rebellion . the council of lateran under pope innocent iii. expresly ordains , that in case any prince be a favourer of hereticks , after admonition given , the pope shall discharge his subjects from their allegiance , and shall give away his kingdom to some catholick , that may root out those hereticks , and possess his kingdom without contradiction . 't is observable , that this pope was himself a deposer of kings , namely of john king of england , and of otho iv. the emperor ; and also that this council which made rebellion a duty , was the first that made transubstantiation an article of faith. next for the bulls and decrees of your popes , which according to bellarmine are sufficient to make that to be sin which is not sin , or not to be sin which is sin : it would be tedious to instance in all that could be produc'd to this purpose . from gregory vii . downward ▪ such a trade was driven of deposing kings , that no weak prince could wear his crown , but at the pope's courtesie . and that it might never be otherwise , pope boniface viii . declares it for law in these words : † we say , and define , and pronounce , that it is absolutely necessary to salvation , for every humane creature to be subject to the bishop of rome : which oracle is thus interpreted by bertrand ; every humane * creature , ( i. e. ) every magistrate , must be subject , &c. ( i. e. ) must submit himself to be deposed , when the pope thinks fit . and that the gloss doth not injure the text , it appears by the tenor of the decree ; especially by those words about the middle of it , that the spiritual power ▪ is to order the worldly power , and to judge , it if it be not as it ought ; according to that in jeremy , i have set thee over nations and over kingdoms , &c. in which suppletive , &c. these words are wound up ; to root out , and to pull down , and to destroy , and to throw down , to build , and to plant . all which powers this law-giver of yours endeavoured himself to exercise . he endeavour'd , saith platina , to give and take away kingdoms , to expell men , and to restore them at his pleasure . agreeably to this doctrine and practice your great canonist lancelottus teaches you , that the pope may depose kings and emperors , and transfer their kingdoms and empires from one line to another . which wholsome doctrine , no doubt , as well as the rest of his book , pope pius iv. has made authentick by his unerring approbation . lastly for your divines , they have generally own'd it ; and many of them have written large books in defence of it . we do not tell you this as news , for your clergy-men know it already ; but that your laity may not be ignorant of it , we shall quote them some few of the greatest doctors of your church in this age. and we shall leave it upon you to shew them , when and where they were condemned , what justice has been executed on the persons , what index expurgatorius has censur'd the writings of these authors . nay , if you deal honestly , you cannot but confess , that their works are generally approved , and that their persons are had in admiration among you that are the guides of the lay-mens consciences . we pass over the gross things of mariana's book ▪ ; because , they which once licens'd it for love of the doctrine ; have since condemned it , for fear of their king 's heavy displeasure . but pray sir , who condemned your cardinals , bellarmine and baronius ? who teach you , that the pope may do with any king , as jehoiada did with athalia ; that is , he may deprive him first of his kingdom , and then of his life . bellarmine indeed elsewhere expresses it more like a jesuite , and a man of distinctions , in these words ; the pope does not allow you not to obey your king , but he makes him that was your king to be not your king ; as who should say , when the pope has done his part , then you are free to do yours . again , who condemn'd your great school-men , suarez and valentia ? of whom the one writes against his majesties grand-father , that a king , canonically excommunicated , may be deposed or killed by any man whatsoever : the other says , that an heretical prince may , by the pope's sentence , be depriv'd of his life , much more of his estate , and of all superiority over others . nay , who has condemned our country-man parsons , or cresswel ? ( for the high-fliers of popery have been those of our own nation ) by whom this is laid down as a conclusion of the whole school of divines and canonists , and declar'd to be certain , and of faith ; that any christian prince whatsoever , that shall manifestly swerve from the catholick religion , and endeavour to draw off others , does immediately fall from all power and dignity , &c. and that , even before any sentence of the pope is pronounced against him ; and that all his subjects whatsoever are free from all obligation of any oath of obedience which they have made to him as their lawful prince ; and that they may and ought ( if they be strong enough ) to eject such a one from the government of christians , as an apostate , an heretick , a deserter of christ , and an enemy of his common-wealth , &c. cardinal perron went not altogether so high ; but yet he held to the roman catholick principle , that kings may be deposed by the pope when he sees cause . he seemed to be of another opinion while henry iv. was alive : but when he was dead , and a child was in the throne , then he ventur'd to declare this publickly in his oration * on behalf of the whole clergy of france . † he maintained that this was the current doctrine in france till the time of calvin : and for the contrary doctrine , viz that kings are not deposable by the pope , rossaeus * calls it the paradox of the lutherans ; perron calls it a doctrine that breeds schisms : a gate that leads into all heresie ; and to be held in so high a degree of detestation , that rather then yield to it , he and his fellow-bishops would chuse to burn at a stake . but how has this doctrine taken among the papists in our kings dominions ? it has not taken with some of them : either because you have not thought it seasonable for you to instruct them in it ( for doctrines of this sort are then only proper to be inculcated , when they may do execution ) or else because your instruction has been over rul'd by some better principle ; as we doubt not there have always been some of your church , in whose generous breasts the english man has been too strong for the papist . but yet this doctrine has taken with others ; and many of them have practised according to it , as we shall shew you hereafter ; and many more would have been practising , if there had not been something to hinder them or deterr them . for 't is allowed by your divines , as a very good reason , for catholicks to omit the duty of rebellion , if they are not strong ●nough to go through with it . so bannez excuses our english catholicks , and so bellarmin * does the primitive christians : nay your † casuists say , if there be any notable danger of death or ruin , without which you cannot perform it , that then you are not bound to endeavour it . long may these good reasons continue ; for if these were remov'd , we know not how far we may trust you . for one of your brethren , another poisoner of the people , has been so forward already , since his majesties restauration , as to declare in print , that in case your pope should take upon him to deprive our king , he would not meddle between them . i leave that question , saith he , to be decided by the two supream powers , the pope , and the king , when occasion shall be for it . [ my lords and gentlemen , had this been a new sect not known before , something perchance might have been doubted ; but to lay this at their doors that have govern'd the civilliz'd world , is the miracle of miracles to us ] sir , we know not how to cure your wonder , but by shewing you , 't is unreasonable . for you can it a miracle , that men judge according to good evidence . who doubts less of the dangerousness of your principles and practices , than they that have read most , and had most experience of them ? we can give you no greater instance , than in king james of blessed memory , who was no stranger to you either way , and this is his judgment of you : that as on the one part , many honest ●en s●d●ced with some errors of po●ery , may yet remain go●d and fait●ful subjects : so on the other part , none of those that truly know and believe ●he whole grounds and school-conclusions of ●heir doctrines , can ever prove either go●d christians or good subjects . but pray sir , when was it that you govern'd the civiliz'd world ? for the eastern and southern churches never own'd your government ; nor yet the western , while learning flourished : but when barbarity had over-run it , then popery grew up by degrees , and made it more barbarous both in ignorance and in cruelty . then came in those doctrines of transubstantiation , &c. then came in those papal usurpations , &c. which the wo●ld , being again civiliz'd , hath partly thrown off , and partly reduced into more tolerable terms . [ did richard the first , or edward long-shanks , suspect his catholicks that served in palestine , and make our countryes fame big in the chronicle of all ages ? or did they mistrust ( in their dangerous absence ) their subjects at home , because they were of the same profession ? could edward the third imagine those to be traiterous in their doctrine , that had that care and duty for their prince , as to make them ( by statute ) guilty of death in the highest degree , that had the least thought of ill against the king ? be pleased that henry the fifth be remembred also , who did those wonders , of which the whole world does yet resound ; and certainly all history will agree in this , that 't was oldcastle he feared , and not those that believed the bishop of rome to be head of the church . ] the reigns of those kings whom you speak of , were in those dark times ; when all goodness declin'd , and corruptions were daily growing upon us . richard the first , being told he had three wicked daughters , pride , covetousness , and leachery , said he could not match them better than among your templers , fathers , and friars . edward the first out-law'd the whole clergy of this realm , for refusing to pay the king any taxes , because the pope had forbidden them to do it . and both those other princes whom you mention , made laws against his usurpations . edward the third made a notable one of this kind , by advice of that very parliament , in which he enacted his laws against treason . and certainly , henry the second was more vex'd with becket , than ever henry v. feared oldcastle . we doubt not , those kings had many good subjects , and our king hath some better than you seem to be . but they differed not in religion , as you do from ours : and yet then , your faction was always encroaching where it was suffered , and dangerous where it was opposed . did not your pope force king john to do him homage for england ? did he not wrestle with edward i. * for the sovereignty of scotland ? hath he not often laid claim to the kingdom of ireland ? if the old gentleman in a pet should go to turn out his tenant , what would our king have left , when these are disposed of ? [ we will no longer trouble you with putting you in mind of any more of our mighty kings who have been feared abroad , and as safe at home as any since the reformation of religion . we shall only add this , that if popery be the enslaving of princes , france still believes it self as absolute as denmark or sweden . ] the french king will believe what he pleases , but not all that you say of him . for he cannot but know , that the pope gave away that kingdom from some of his predecessors ; and maintained war in it against his grandfather , till he brought him to his terms . and why hath not his holiness dealt so with him that now is ? partly for the sake of his religion ; but chiefly for fear of a storm , lest his coin should do that which lewis the twelfth's only threatned in the inscription of it , perdam babylonis nomen . [ nor will ever the house of austria abjure the pope , to secure themselves of the fidelity of their subjects . ] for the austrian princes that are so link'd to the pope ▪ and whose subjects are all papists ; you suggest a mad way to secure themselves by firing their countrey about their ears . but what is this to england ? where , since the exclusion of that trash , which you call the catholick faith , the king and the greatest part of his people are no papists , and have had so much trouble and danger for it from them that are . may not reason and experience teach us to fear , that having to do with the same kind of adversaries , we may still have some troublesome and dangerous enemies ? no , we have none to fear but our selves , if we may believe you . for , say you , [ we shall always acknowledge to the whole world , that there have been as many brave english in this last century , as in any other place whatsoever : yet , since the exclusion of the catholick faith , there hath been that committed by those who would fain be called protestants , that the wickedest papist at no time dreamt of . ] pray sir , what may that be ? for you have murthered kings , and them of your own religion , four or five in this realm since the conquest ( not to speak of those numbers elsewhere . ) but that was in the growing age of popery . in latter times , have you so soon forgot our kings grand-father , henry iv. murthered by ravilliac ? or his predecesfor henry iii. murthered by fryar clement ? and the people you have kill'd up by whole families and townships ? witness england , ireland , france , piedmont , which you may hear of elsewhere . these things have been done by papists broad awake ; and what must that be which the wickedst of them never dreamt of ? [ 't was never heard of before , that an absolute queen was condemned by subjects , and those styled her peers ; or that a king was publickly tryed and executed by his own people and servants . ] first , you tell us of the queen of scots being put to death in queen elizabeths reign . it was by the same colour of right , we suppose , that wallis suffered in edward the first 's reign , namely of that sovereignty that our princes challenged over scotland . but edward i. was ere while a laudable papist ; and queen elizabeth , for all this , might be a very good p●otestant . sure we are , that king james and king charles , who were nearest concerned in this matter , never imputed the fault of it to her religion . your other instance is , of that most execrable murther , committed on the best of kings , by his own subjects , and by such as you say , would fain be called pro●estants . sir , we would fain be called christians , and members of the catholick church : would you take it well of a turk , that should therefore charge our faults upon you ? but you do worse than a turk , in charging these mens faults upon us . they were neither then nor since of our communion ; but that blessed prince was , whom they murther'd . he declared upon the scaffold , i dye a christian , according to the profession of the church of england , as i found it left me by my father . he charged the princess elizabeth , not to grieve , and torment her self for him ; for that would be a glo●ious death which he should dye , it being for the laws and liberties of this land , and for maintaining the true protestant religion . he died with some care not to leave you this advantage by his death ; as it appears by these words of his last letter to his majesty that now is . the scandal of the late troubles which some may object and urge to you against the protestant religion established in england , is easily answered to them or your own thoughts in this , that scarce any one who hath been a beginner or an active prosecutor of this late war against the church , the laws , and mee , either was or is a true lover , embracer , or practicer of the protestant religion established in england ; which neither gives such rules , nor ever before set such examples . [ my lords and gentlemen , we know who were the authors of this last abomination , & how generously you strove against the raging torrent ; nor have we any other ends to remember you of it , but to shew that all religions may have a corrupted spawn ; and that god hath been pleased to permit such a rebellion , which our progenitors never saw , to convince you perchance ( whom for ever may he prosper ) that popery is not the only source of treason ] but do you indeed know , who were the authors of this last abomination ? pray sir be plain with us , for in these doubtful words , there seems to be more truth than every man is aware of . the rebellion that led to it , began we know in scotland , where the design of it was first laid by † cardinal richelien his majesties * irreconcileable enemy . then it broke out in ireland , where it was blest with his holiness's letters , and assisted by his nuntio , whom he sent purposely to attend the fire there . lastly here in england , you did your parts to unsettle the people and gave them needless occasions of jealousie , which the vigilant phanaticks made use of , to bring us all into war and confusion . both in england and scotland , the special tools that they wrought with , were borrowed out of your shops . it was his majesties own observat on ( by which you may guess whose spawn they were ) their maxims , saith he , were the same with the jesuites ; their preachers sermons were delivered in the very phrase of becanus , scioppius , and eudaemon johannes ; their poor arguments , which they delivered in their seditious pamphlets printed or written , were taken almost verbatim out of bellarmin and suarez . in ireland , where you durst do it , you imploy'd iron and steel against him ; with which you might as well have preserved him , if you had pleased ; but you denyed to do that , ( as he tell us ) * only upon account of religion . then followed the accursed fact it self , agreed to in the councils of your † clergy , contriv'd and executed by the phanaticks . in vain did the poor royallist strive against it , for what could he do ? when two such streams met against him ; of which the deepest was that which came from rome , where the false fisherman open'd all his flood-gates , to overwhelm us with those troubles , which , for the advantage of his trade , he had often before endeavoured , but could never prevail till now to send them pouring in upon us . [ little we think , ( when your prayers and ours were offer'd up to beg a blessing on the kings affairs ) ever to see that day , in which carlos gifford , whitgrave , & the pendrels , should he punish'd by your desires for that religion which obliged them to save their forlorn prince ; & a stigmatized man ( for his offences against king & church ) a chief promoter of it . nay less , did we imagine , that by your votes huddleston might be hang'd , who again secured our sovereign ; and others free in their fast possessions that sate as judges , and sealed the execution of that great prince of happy memory . ] that many gentlemen of your church were not of your party , we do willingly acknowledge ; and that some of them in that critical day of danger , did the king very eminent service . but so did protestants too ; therefore you cannot ascribe this to your religion . nor does it seem reasonable , that to requite particular persons for their service , we should abandon those laws which may secure the publick against as great a danger . to question his life that had freely exposed it for our sovereigns , were too great a barbarity for any christians but of your sect , or any age but queen maries dayes ; for then sir nicholas throgmorton was indeed so dealt with ; but we do not more detest those times than such examples . and we know that his majesty , without any trespass on his laws , may protect and reward those persons whom he judgeth deserving it ; as well as his royal predecessors did , in whose reigns the penal laws were made . pray be you as favourable to the stigmatized man , ( whom sure you are not angry with for his offence against king and church , whatsoever you say ; ) and if he be now a promoter of any thing that displeaseth you , bear with him , as his majesty doth ; for whom he lately did his utmost against phanaticks toward the bringing of him in : and he would not willingly live to see the pope turn him out again . for the regicides , be as severe with them as you please ; only beware how you tax his majesty's mercy , for fear you may have need of it . [ we confess we are unfortunate , and you just judges , whom with our lives we will ever maintain to be so ; nor are we ignorant the necessity of affairs made both the king and you do things , which formerly you could not so much as fancy . yet give us leave to say , we are still loyal ; nay ▪ to desire you to believe so , and to remember how synonymous under the late rebellion ) was the word papist and cavalier ; for there was never no papist that was not deemed a cavalier , nor no cavalier that was not called a papist , or at least judged to be popishly affected . ] your fawning upon the parliament , and commending of your selves , we pass over as things of course . and we equally believe you now , as you did the phanaticks heretofore , when they called us papists ; or as we did you e'rewhile , when you called them protestants . for pray sir , what did they to be called protestants ? or what did we to be judged popishly affected ? and if all papists , as you say , were deemed cavaliers ; we hope some of them have had the grace to be ashamed of it . in ireland there were whole armies of irish and english , that fought against his majesty , solely upon the account of your religion . in england it is true , some came in voluntarily to assist him ; but many more of you were * hunted into his garrisons , by them that knew you would bring him little help and much hatred . and of those that fought for him , as long as his fortune stood ; when that once declined , a great part , even of them , fell from him . from that time forward , you that were , always , all , deemed cavaliers , where were you ? in all those weak efforts * of gasping loyalty , what did you ? you complied , and flattered , and gave sugar'd words to the rebels then , as you do to the royallists now . you addrest your petitions † to the supream authority of this nation the parliament of the commonwealth of england you affirmed * that you had generally taken , and punctually kept the ingagement . you promised , that if you might but enjoy your religion † you would be the most quiet and useful subjects in england . you prov'd it in these words . * the papists of england would be bound by their own interest ( the strongest obligation amongst wise men ) to live peaceably and thankfully in the private exercise of their consciences ; and becoming gainers by such compassions , they could not so reasonably be distrusted , as the prelatick party that were losers . you prov'd it more amply by real testimonies ; which we have no pleasure in remembring , and you would have less in hearing of them . these things were too lately done to be talk't of . if after all this said and done for your own vindication , you were still deemed cavaliers , the more was your wrong . but who could help it ? all the right we can do you , is , not to believe it . [ we know though we differ something in religion ( the truth of which let the last day judge ) yet none can agree with your inclinations , or are fitter for your converse than we ; for as we have as much birth among us as england can boast of , so our breeding leans your way both in court and camp : and therefore , had not our late sufferings united us in that firm tye , yet our like humors must needs have joyned our hearts . if we err , pitty our condition , and remember what your great ancestors were , and make some difference between us ( that have twice converted england from paganism ) and those other sects that can challenge nothing but intrusion for their imposed authority . ] as for religion , we agree with you in all that is truly catholick : we differ from you only in not admitting your innovations . and whether justly , we say also , let the last day judge . your converse , breeding , &c. we heartily respect as far as 't is english. but we suspect every thing that leans toward a forreign jurisdiction . and we would be loth , by our kindness to those things wherein we agree with you , to be drawn into the danger of those things in which we differ from you . by that flam of your having twice converted england from paganism , sure you mean that we in this land have been twice converted by persons sent to us from rome . which you will never perswade any one to believe , that dares trust himself to taste of church-history without one of your fathers chewing it for him . but , supposing this to be true , pray what would you infer from it ? that because we received good from the primitive christians of that place , therefore we should lay our selves open to receive any evil that may happen to us from their degenerous successors . [ but 't is generally said , that papists cannot live without persecuting all other religions within their reach . we confess , where the name of protestant is unknown , the catholick magistrates ( beliveing it erroneous ) do use all care to keep it out : yet in those countries where liberty is given , they have far more priviledges than we , under any reformed government what soever . to be short , we will only instance france for all , wher they have publick churches , wher they can make what proselytes they please , and where it 's not against law to be in any charge or employment . now holland ( which permits every thing ) gives us , 't is true , our lives and estates , but takes away all trust in rule , and leaves us also in danger of the scout , whensoever he pleaseth to disturb our meetings . ] what is generally said of the popish persecutions , is also generally believed . but sir , you answer it deceitfully . for you tell us of the manner ; first , of those countries where the name of protestant is unknown : and next , of those countries where liberty is given : but you slip over a third sort , namely , of those where the name of protestant is well known , and yet no liberty is given . pray what liberty have the protestants in flanders ? we are told they have none : and yet the name of them is very well known there . the like may be said of divers other countries : nay in england , while it was yours , did you give any liberty at all ? yet the name of protestant was very well known here , and was sufficient for the burning of any one that was known by it . but you say , you will only instance france for all . very wisely resolved : for it would not have been for your credit to instance any other . in france then , whatsoever liberty the protestants enjoy , it is by vertue of their edicts : which how they were obtained , we shall have occasion to mind * you ; and how they are observed , let the poor hugonots tell you . but if they were observed to the full ; should we therefore grant you that liberty which is against law ? because they are allow'd that which you say is not against law. in holland , the papists may have some reason to complain , if their masters allow them no more liberty than you speak of . for , it was chiefly by their hands , that the spanish yoak was thrown off : which , on the contrary , our papists were so fond of , that for divers years together , we had much ado to keep them from pulling it on upon our necks . [ because we have named france , the massacre will perchance be urged against us : but the world must know , that was a cabinet-plot , condemned as wicked by catholick writers there , and of other countries also : besides , it cannot be thought they were murthered for being protestants , since 't was their powerful rebellion ( let their faith have been what it would ) that drew them into that ill machinated destruction . ] the french massacre , which you next speak of , was a thing of so horrid a cruelty , that , as thuanus * tells us , considering-men , having turn'd over the annals of the nations , could find no example of the like in all antiquity . * it was cloak'd over with shews of the greatest amity in the world ; namely of a marriage between the houses of valois and bourbon ; to which all the chief of the protestants were most lovingly invited . there , after the jollity of mirth , and caresles of entertainment , in the dead-time of the night , the whole city was in arms about them ; they fell upon all the protestants houses and lodgings ; they butchered them without distinction , men , women and children , till the channels ran down with blood into the river : and scarce a protestant was left alive , except the * bridegroom and the prince of conde ; who turned papists to escape their hands , and yet they could not escape them ; the one being poisoned , and the other stabb'd by men of your religion . this hellish stratagem , you say , was condemned as wicked by catholick writers . it was likewise extoll'd as glorious by catholick writers . but pray sir , what think you of it ? you are bashful in company , but one may guess at your meaning . first , you say it was a cabinet-plot : a fine soft word , for the butchering ▪ * of persons . next , in answer to them that call it murther , you seem to blame it as a thing done to halves ; for what else can you mean , by calling it an ill-machinated destruction ? lastly , whatsoever it was , that which drew it upon them , you say , was their rebellion ( let their faith have been what it would . ) nay sir , it was their faith ( let their obedience have been what it would . ) for neither had that king better subjects than those which were massacred ; nor had his successor erranter rebels than those that did massacre them . brave coligni was the first murthered ; and his head was sent to rome , while his body ( according to his own ominous * wish ) was mangled and dragged about the streets of paris . the duke of guise was chief of the murtherers ; whose factious authority , as you sweetly style it , was as black a rebellion as ever that kingdom saw . but to end this question , whether these men were massacred for protestant religion , or for rebellion ; let us take judges between us : for possibly , we may be partial for the one , and you for the other . first , of rebellion , a king should be the most competent judge : hear therefore what king james saith , who lived in the fresh memory of those dayes . i could never yet learn ( saith he ) by any good and true intelligence , that in france , those of the religion took arms against their king. in the first civil wars they stood only upon their guard , they stood only to their lawful wards , and locks of defence . they armed not , nor took the field , before they were pursued with fire & sword , burnt up and slaughtered . besides , religion was neither the root nor the rinde of those intestine troubles . the true ground of the quarrel was this ; during the minority of king francis ii. the protestants of france were a refuge and succor to the princes of the blood , when they were kept from the king's presence , and by the power of their enemies were no better than plainly driven and chased from the court. i mean the grandfathers of the king now reigning , and of the prince of conde , when they had no place of safe retreat . in regard of which worthy and honorable service , it may seem the french king hath reason to have the protestants in his gracious remembrance . with other commotion or insurrection the protestants are not justly to be charged . certain it is , that king henry iii , &c. by their good service was delivered from a most extream & eminent peril of his life , &c. they never abandoned that henry iii. nor iv. in all the heat of revolts and rebellions raised by the pope , and the more part of the clergy , &c. then of religion , since you will allow none but the pope to be judge , let us hear his judgment from thuanus , who was a roman catholick , and a most authentick historian . he tells us , the pope had an account of the massacre from his legate at paris , that he read his letter in the consistory of cardinals , that there it was decreed that they should go directly to st. marks , and there solemnly give thanks to almighty god for so great a blessing conferred upon the roman see , and the christian world. that soon after a jubilee should be publisht through the whole christian world , and these causes were exprest for it , to give thanks to god for destroying in france the enemies of the truth , and of the church , &c. in the evening , the guns were fired at st. angelo , and bonefires were made , and nothing was omitted of all those things that use to be performed in the greatest victories of the church . some dayes after , there was a procession to st. lewis , with the greatest resort of nobility and people . first went the bishops and cardinals , then the switzers , then the ambassadors of kings and princes : then under a canopy , went his holiness himself , with the emperor's ambassador bearing up his train for him , &c. over the church-door was an inscription set up , in which the cardinal of lorain , in the name of the king of france , congratulated his holiness , and the colledge of cardinals , &c. for the plainly stupendious effects , and altogether incredible events , of their councils given him , and of their assistances sent him , and of their twelve years wishes and prayers . soon after , the pope sent cardinal ursin in his name , to congratulate the king of france , who in his journey through the cities , highly commended the faith of those citizens that had to do in the massacre ; and distributed his holiness's blessings amongst them . and at paris , being to perswade the reception of the council of trent , he endeavoured it with this argument , that the memory of the late action , to be magnified in all ages , as conducing to the glory of god , and the dignity of the holy roman church , might be as it were sealed by the approbation of the holy synod : for that so it would be manifest to all men that now are , or hereafter shall be , that the king consented to the destruction of so many lives , not out of hatred or revenge , or sense of any injury of his own , but out of an ardent desire to propagate the glory of god. that , what could not be expected whilst the faction of protestants stood , now since they were taken away , the catholick apostolick roman religion which by the synod of trent is cleared from the venom of the sectaries , might be established without controversie , and without exception , through all the provinces of the french dominion . well spoken , worthy head of the church ! we will take thy judgment about cutting of throats at any time ; thou dost not mince the matter , as this english limb of thee doth : who yet is thus far to be commended ; that since he durst not say of it as he desir'd , for fear of provoking us , yet he would not call it as it deserved , for fear of too much contradicting thee . [ may it not be as well said in the next catholick kings reign , that the duke of guise and cardinal , heads of the league , were killed for their religion also ? now no body is ignorant , but 't was their factious authority which made that jealous prince design their deaths , though by unwarrantable means . ] the duke of guise and his brother , were not killed for their religion ; for they were killed by * one of the same religion , and one that was bent against the protestants as much as they . only because he spared the blood of the protestants your zealots hated him ; and so much the more , because a protestant * being his heir , he would not declare him uncapable of the succession . for these causes , by the popes consent , these guises ( whom he called the maccabes † of the church ) entred into an holy league against their king ; and called in the succors of spain and savoy , which they paid for with the rights of the crown ; they maintained a sharp war against him , and did all that was in their power to deprive him of his kingdom and life . whereupon that jealous prince ( as you favourably * call him ) for his own preservation , was urged to deal with them , as they had dealt with the protestants ; from whose case , this of the guises is so vastly different , that one would wonder why you should mention it . but since you have led us thus far out of the way , let us invite you a little farther . the pope excommunicated the king for this action , and granted years of true indulgence to any of his subjects that would bear arms against him ; and foretold , * ( as a pope might do without astrology ) that e're long he should come to a fearful death . the subjects took arms , and earned the indulgence . a friar took his knife , and fulfilled the prediction ; by ripping up those bowels that were always most tenderly affected with kindness to the monkish orders . but what joy was there at rome for this ! as if the news of another massacre had come to town , one would think so , by the popes oration * to his cardinals : in which he sets forth this work of god ( the kings murther ) for its wonderfulness to be compared with christs incarnation and resurrection . and the friars vertue , and courage , and fervent love of god , he prefers before that of eleazar in the maccabees , or of judith killing holofernes : and the murthered king ( who had profest himself to dye in the faith of the roman catholick apostolick church ) he declared to have died in the sin against the holy ghost . pray sir , may it not well be said , that papists cannot live without persecuting protestants ? when we see a popish king stabb'd and damned for not persecuting them enough , or for doing the work of the lord negligently . [ if it were for doctrine that hugonots suffered in france , this haughty monarch would soon destroy them now , having neither force nor town to resist his might and puissance . they yet live free enough , being even members of parliament , and may convert the kings brother too ; if he think fit to be so . thus you see how well protestants may live in a popish country , under a popish king : nor was charlemain more catholick than this ; for though he contends something with the pope , 't is not of faith , but about gallicane priviledges , which perchance he may very lawfully do . ] [ iudge then worthy tatriots , who are the best used , and consider our hardship here in england , where it is not only a fine for hearing mass , but death to the master for having a priest in his house ; and so far we are from preserment , that by law we cannot come within miles of london ; all which we know your great mercy will never permit you to exact . ] you say , if this were true , then this hanghty monarch would soon destroy his hugonots now . no such consequence , sir , for he may persecute them , and not destroy them ; he may destroy them , but not so soon . princes * use to go their own pace , whilst they are upon their legs ; but if any misfortune throws them upon all four , then the pope gets up and rides them what pace he pleaseth . nor is this monarch yet so catholick as charlemain was ; if he were , he would do as charlemain did . he would be patron of all the bishopricks in his empire , even of rome it self , if it were there . he would make the pope himself know the distance between a prelate and an emperor . he would maintain the rights of his crown ; and not chop logick about gallicane priviledges , which you say , like a sly jesuite , that perchance he may lawfully do . he would call a council when he pleased , to separate errors from the faith ; as charlemain himself called a council * against image-worship , which was then creeping into the church . this were a good way of destroying the hugonots , by taking away all causes of strife amongst christians . by any other way than this he cannot destroy them , without the violation of his laws : which , as they are the only forces and towers , whereby subjects ought to be secured against their king ; so , since he is pleased to allow them no other , these laws , backt with his puissance , are forces enough to secure them against their fellow-subjects . we cannot pass this paragraph , without observing your jesuitical ingenuity ; how you slight those favours that you have ; how you complain of those hardships that you have not ; and how you insult over the poor hugonots , by comparing with them , who generally would mend their condition by changing with you . pray sir , do not popish-peers sit in our english parliaments , as well as protestants in the french ? or have you not as free access to our kings brother , as they have to theirs ? or would you have his highness to catechise , as the abbot had the duke of glocester ? perhaps that you would have . otherwise we know nothing but his highness's wisdom , and care of his conscience , that guards him from you . of the laws you complain hideously , worthy patriots consider our hardship . and yet , those very laws you complain of , you never knew executed in your life ; and you tell us soon after , that you know they never will be . for what cause then were they enacted ? plainly for this cause , to guard the lives of our princes against your traiterous practices . [ it hath often been urged , that our misdemeanors in queen elizabeth's days , and king james's time , was the cause of our panishment . ] your misdemeanors ! we cry you mercy , if they were no more ; but that comes next to be argued , whether they were misdemeanors or treasons ? [ we earnestly wish that the party had more patience under that princess . but pray consider ( though we excuse not their faults ) whether it was not a question harder than that of york and lancaster , the cause of a war of such length , and death of so many princes , who had most right , q elizabeth or mary stuart : for since the whole kingdom had crowned and sworn allegiance to q. mary , they had owned her legitimate daughter to henry the eighth ; and therefore it was thought necessarily to follow by many , that if mary was the true child , elizabeth was the natural , which must then needs give way to the thrice noble queen of scots . ] under queen elizabeth , you wish your party had more patience ; and we think they needed none ; for in the first ten years of her reign they had no business for it . in all that space of time , which was twice as long as queen maries reign , though it was fresh in memory what the papists had done , yet not one of them suffered death : till the northern rebellion : which being raised against her , only upon the account of her religion ; it appears that she was the persecuted person : she had the occasion for patience ; and you would have wished them more loyalty , if any such thing had been in your thoughts . but perhaps you wish they had so much patience , as not to have discovered their design before it was fully ripe for execution . not unlike . for it appears , you account rebellion no fault ; by this , that you say , you excuse not their faults , and yet you do excuse their rebellion . you excuse them , by saying , it was a very hard question , whether the right of the crown lay in her , or in the queen of scots ; for that many thought queen elizabeth illegitimate . pray sir , who thought it ? or when arose that question ? the arch-bishop of york though a papist , in his speech at the publishing of queen maries death , said , no man could doubt of the justness of the lady elizabeths title to the succession . the whole kingdom received her , and owned her as queen , more generally and freely than eyer they did queen mary . the neighbour kings of spain and france , and the emperor offered * marriage to her , in hopes to have got the crown by her . the queen of scots her self did acknowledge her , and claimed nothing more than to be heir to her , and so did king james that was her successor . so that whosoever opposed queen elizabeths right , if they were english , 'c is apparent they were rebels ; and if they were papists , we may guess what led them to it for the first that questioned her title , was pope * paul iv. who would not acknowledge her for sundry causes ; the chief that he alledged , were these : first , because this kingdom is a fee of the papacy , and it was audaciously done of her to assume it without his leave . the second was , because she was illegitimate : for if her fathers marriage were good , the pope must let down his mill. but after all this , his successor pius iv * did own her , and would have done any thing for her , so she would have owned him . which because she would not , the next pope pius v. issued out his bull * against her , and deposed her ; not for bastardy † but for heresie ; that is , for being a protestant ; for which heresie it was , that the northern men rebelled against her , and many more of her subjects disowned her : and some or other were every foot plotting how to take away her life . true it is , that some of these pretended to do it in favour of the queen of scots . but how if that queen had not been a catholick ? or queen elizabeth had not been thought illegitimate ? would a legitimate protestant have been so contended for ? or would a popish bastard have been rejected by them ? pope gregory xiii . had occasion to consider this . for his holiness had a bastard * of his own to provide for , and another † of the emperors ; no doubt good catholicks both of them . to one he gave the kingdom of ireland , and set out stukely * with forces to win it for him . to the other he gave the kingdom of england , and gave him leave to win it for himself . but what was all this to the thrice noble queen of scots ? possibly she might have been preferred to have married one of the rwo ? but then it must have been expresly with this condition , that her son king james ( who was a heretick ) should have nothing to do with the succession . when their bubbles were broken , and she was dead , all her right descended to king james , who being as little to the pope's mind , as q. elizabeth was , sixtus v. only took no publick notice of him , but he proceeded with all his might against her. he curst her afresh , and publisht a croysade against her , and gave the whole right of her kingdoms to philip the ii. king of spain . but neither that popes bounty , nor his three successors blessings , nor the spanish arms , nor the italian arts ( for no way was left untried ) could ever prevail against gods providence ; which , till the end of her days , kept that queen always fast in her possessions . at last , pope clement viii . seeing there was nothing to be done against her , resolv'd to let her go like a heretick as she was ; and to take the more care that another heretick should not succeed her . for which cause he sent over two breves into england , one to the clergy , and the other to the laity , commanding them not to admit any other but a catholick , though never so near in blood , to the succession : that is to say , in plain words , not to admit king james to reign after queen elizabeths death . so 't is clear , that your popes never stuck at that hard question that you speak of . let us see what our country-men did , who , as you say , suffered for it in those days . they did like obsequious members , at every turn , as their head directed them . they acted for the papal interest as far as they were able . they made the house of scotland the cloak for it , as far as it would reach . and it reacht pretty well , as long as the title was in queen mary . but after the title came to be in king james , pray sir , name us those papists , or but one single person of them , that either died or suffered for him : and then you bless us with a discovery . what then ? were they idle for so many years as past between the commencing of his title , and the death of queen elizabeth ? nothing less . for they were as busie as bees , in contriving how to hasten her death , and how to put him by the succession . and if it were for his service , that they would have destroyed her ; pray for whose service was it , that they would have defeated him ? but that will be known by the story . soon after his mothers death was the spanish invasion ; which would have defeated him with a witness , if it had sped ; and yet our papists , both negotiated * it , and writ in defence † of it . afterwards in scotland your jesuites procured the earl of huntley * and others to raise a powerful rebellion against him . in england , they endeavoured to perswade the earl of derby † to set up a title to the crown ; who honestly revealing it , was poisoned soon after , according to the prophetical threatning of hesket whom they had made use of to perswade him . when these single shots failed , father parsons * gave a broad-side to the royal house of scotland . for he publisht a book under the name of dolman , wherein he set up divers competitours for the succession , and consequently so many enemies to the unquestionable right of that family . and to provide one sure enemy upon the place , he found out a title for the earl of essex , the most ambitious and popular man in the nation , to whom also he craftily dedicated his book . in which he mentions , † among other books of this nature , one written by lesley concerning the queen of scots title ; another by heghinton for the king of spains title ; and another concerning the prince of parma's ; but for his part , before these and all others , he prefers the title of the infanta . and , to shew that he meant as he said , * he caused their scholars in the seminaries abroad to subscribe to it , and made them swear to maintain it , and bound the missionaries to promote it in those places whither they were to be sent . whereas for king james his title , he preferrs several others before it , and tells us , † i have not found very many in england that favour it : meaning sure of your catholicks , with whom his converse chiefly was ; and concerning whom he gives this remarkable testimony , that * the catholicks make little account of his title by nearness of succession . we have reason to believe he did not wrong them , because when an answer was written to his book , † the arch-priest blackwel would not suffer it to be published . and your next head-officer , the provincial of the jesuites , * declared he would have nothing to do with king james his title ; and 't was the common voice of the men of his order that * if king james would turn catholick , they would follow him ; but if not , they would all die against him . which pious resolutions were seconded with agreeable actions . for they endeavoured , as far as catholicks are obliged by their principles , viz. as far as they durst and were able ; at first ; to hinder him from coming in , and afterwards to throw him out again , or to destroy him in the place , as we shall have occasion to shew you in the answer to the next paragraph . the mean while out of this present discourse , in which you cannot deny any thing that is material to our purpose ; it appears that this hard question of right to the crown , was not between the parties themselves in one or t'other of whom you confess the right was . it appears that your infallible judge of controversies very easily and impartially resolv'd it , by denying both sides of the question , and assuming the whole right to himself . it appears that your catholicks , who are said to have sided with one against the other , did in truth side with the pope against them both . and lastly it appears that their misdemeanors were inexcusable treasons , if any treason can be inexcusable that is befriended with such an apologist . [ 't was for the royal house of scotland that they suffered in those days ; and 't is for the same illustrious family we are ready to hazard all on any occasion . ] sir , we have found you notoriously false in that which you affirm : pray god you prove true in that which you promise . [ nor can the consequence of the former procedure be but ill , if a henry viii . ( whom sir w. raleigh , and my lord cherbury , two famous protestants , have so homely characteriz'd ) should after twenty years cohabitation turn away his wife , and this out of scruple of conscience as he said ) when as history declares that he never spared woman in his lust , nor man in his fury . this character would better agree with many a head of a church whom we could name you , than with henry viii . of whom better * historians speak better things . but if he were such a monster as you would make him , perhaps it was for want of a better religion ; for he was * perfectly of yours , except only in the point of supremacy . and you had no occasion for this flurt at him ; unless that , having undertaken to put the best colours upon treason , you might think you did something towards it in bespattering of kings . we have a touch of the same art in the next paragraph . where having undertaken to excuse the gun-powder-treason , you call it first a misdemeanor , then the fifth of november , and then a conjuration ; soft words all of them : but you deal wicked hardly with the great minister of state ; whom you make to have been the author of it ; as if the traitors had not conspired against the state , but the state against them . but before we come to answer this , it will be needful to set down the story , as it appears out of the examinations and confessions of the traitors themselves . the rise of this treason , was from the before-mentioned breves of pope clement viii . in which he required all his catholicks , that after the death of that wretched woman queen elizabeth , they should admit none but a catholick to reign over them . these breves were by garnet the provincial of the jesuites , communicated to catesby and others : who in obedience thought best to begin their practices in her life time . so they sent father tesmund and winter into spain to crave the assistance of that crown . the spaniard sent them back with the promise of an army . but soon after queen elizabeth died , and no army came . therefore again they sent christopher wright into spain to hasten i● and stanley out of flanders sent fawks thither upon the same errand ; who finding the councils of spain at this time wholly enclined to peace , returned quickly back , and brought nothing but despair along with them . yet the breves had so wrought upon catesby , that he could not find in his heart to give over ; but still casting about for ways , he hit upon this of the powder-treason , which as being much out of the common rode , he thought the most secure for his purpose he communicated this to winter , who approved it , and fetcht fawks out of flanders to assist in it . not long after piercy being in their company , and offering himself to any service for the catholick cause , though it were even the kings death : catesby told him , that that was too poor an adventure for him : but , saith he , if thou wilt be a traitor , there is a plot of greater advantage ; and such a one as can never be discovered . thus having duly prepar'd him , he took him into the conspiracy . and the like he did with so many more as made up their number thirteen of the laity . but where were the jesuites all the while ? rot idle , you may be sure . the provincial garnet was privy to it from the beginning , so were divers * more of the society . insomuch that when watson endeavour'd to have drawn them into his plot ( for the setting up of the lady arbella's title , in opposition to king james his ) they declin'd it , * saying , they had another of their own then afoot , and that they would not mingle designs with him for fear of hindering one another . but watson miscarried with his plot , and the jesuites went on with theirs . they absolv'd the conspirators of the guilt , and extenuated the danger of their design ; they perswaded them how highly beneficial it would be in the consequences of it ; they gave them their oath , by the holy trinity , and the sacrament which they did then receive , that none of them should reveal it to any other , or withdraw himself from it without common consent : and for the pittiful scruple of destroying the innocent with the guilty , garnet answered , they might lawfully do it in order to a greater good . yet it seems there was a spark of humanity in some of them . which the divinity of this casuist had not quite extinguish't ; as appear'd , either by the absenting of some lords that were afterward fined for it in the star-chamber , or certainly by that letter of warning to my lord monteagle , which was the happy occasion of the discovery of the whole treason . in warwick-shire , where the princess elizabeth then was , they had appointed a meeting , under the pretence of a hunting-match , to seize upon her , the same day in which the king and his male issue were to have been destroyed . there met about fourscore of them , which was a number sufficient for that business . but the news of the discovery coming among them , they were so dismayed at it , that they desisted from their enterprize , and fled into stafford-shire ; where , the countrey being raised against them , they were some of them kill'd , and the rest taken ; and those which were left alive of the prime conspirators were sent up to london , and there executed . this is the plain story , now let us see how you colour it . [ now for the fifth of november ; with hands lifted up to heaven , we abominate and detest . ] what is it that you abominate and detest ? that day which is the festival of our deliverance ? we can believe you without your hands lifted up to heaven . or mean you the treason which was to have been acted upon that day ? why then do you not speak out and call it so ? for if you cannot afford to call it treason , it is not the lifting up of your hands that can make us believe you do heartily abominate and detest it . [ and from the bottom of our hearts say , that may they fall into irrecoverable perdition , who propagate that faith by the blood of kings , which is to be planted in truth and meekness only . ] it was a good caution of a philosopher to the son of a common woman , that he should not throw stones among a multitude , for fear of hitting his father . you might have had that caution when you threw out this curse ; for your father the pope stands fairest for it of all men that we know in the world. [ but let it not displease you , men , brethren , and fathers , if we ask whether ulysses be no better known ? or who hath forgot the plots cromwel framed in his closet ; not only to destroy many faithful cavaliers , but also to put a lustre upon his intelligence , as if nothing could be done without his knowledg . even so did the then great minister , who drew some few desperadoes into this conjuration , and then discovered it by a miracle . ] having spit and wip't your mouth , now you make your speech . and it begins with a mixture of apostle and poet ; to shew what we are to expect from you ; namely , with much gravity , much fiction : and so far you do not go about to deceive us . the scope of your speech is to make the world believe that your catholicks were drawn into this plot by secretary cecil . you are so wise , that you do not offer to prove this ; but you would steal it into us by an example , that we are concerned in . as cromwel trepann'd many faithful cavaliers , even so cecil drew in some few desperadoes . comparisons ( they say ) are odious : but to the business . first , admitting your fiction , as if it were true , that cecil did draw in those wretches into this treason . was it ever the less treason because he drew them into it ? for , according to your own supposition , they did not know that they were drawn in by him . but they verily thought that they had followed their own guides ; and they zealously did according to their own principles . they did , what they would have done , if there had been no cecil in the world ; provided there had been a devil in his room , to have put it into their heads . for your excuse only implies , that they had not the wit to invent it : but their progress in it shews , that they wanted not the malice to have executed it . so that according to your own illustration : as those faithful cavaliers whom cromwel drew in , had their loyalty abused , & were nevertheless faithful still ; so those powder-traitors whom you say cecil drew in , had their disloyalty outwitted , and were nevertheless traitors still . for as well in the one case as in the other , this very thing that they could be drawn in , is a clear demonstration that they were before-hand sufficiently disposed for it . secondly , when you have considered the absurdity of your excuse for your friends , you may do well to think of an excuse for your self . for that which you affirm of cecil's having drawn them into this plot , is a very groundless and impudent fiction , and you are properly the author of it . for though others perhaps may have spoken this in raillery ; yet you are the first , that we know of , that has asserted it in print . pray sir , whence had you this tale ? by what tradition did you receive it ? or had you some new revelation of the causes threescore years after the fact ? for 't is plain , that king james * knew nothing of it . bellarmin and his fellow apologists in that age never pretended it . the parties themselves , neither at their tryal , nor at their execution , gave any intimation of it . can you tell us which of the conspirators were cecil's instruments to draw in the rest ? or can you think he was so great an artist , that he could perswade his setters to be hang'd , that his art might not be suspected ? for 't is well known that he sav'd not any of those wretches from suffering . and they which did suffer , charged none other , but themselves , in their confessions . particularly , father garnet said , before doctor overal , and divers others , that he would give all the world , if it were his , to clear his conscience , or his name from that treason , these are strong presumptions of the negative ; but you ought to have proved your affirmative , or at least to have offered something toward it . for if barely to say this , be enough , then here is an excuse indifferently calculated for all treasons in the world that miscarry : ( and if they prosper , who dares call them treasons ? ) here is a never failing topick for any one that would write an apology in behalf of any villany whatsoever . for if the traitors be discover'd by any kind of accident , this will alwaies remain to be said for them , that the then great minister drew them in . but why did you not say this for those conspiracies in queen elizabeths daies ? you might have said it perhaps with less improbability . but then had you a higher game to fly at , namely the queens title to her crown ; and if you durst have made so bold with king james his , you would not have stoopt at so low a quarry as a minister of state. but by the way we cannot but acknowledge , that you jesuites are a sort of most obliging gentlemen . if men will believe what you say , nothing that you do can fall amiss . in your attempts against the life of queen elizabeth , you obliged his majesty that now is , as being martyrs for the royal house of scotland . and in your plot to blow up that royal house , you were a kind of fellow-sufferers with the faithful cavaliers ; for as they us'd to be trapp'd by cromwel , even so you were drawn in by secretary cecil . it is worth observing in this paragraph , how you diminish that hellish plot , by calling them that were engag'd in it , a few desperadoes . the fewness of them will be considered in your next . but in what sense do you call them desperadoes ? were they such in respect of their fortunes ? that is so well known to be false , that it needs no answer . were they such in respect of their discontents ? that seems to be your meaning . but there was little reason for any . for at the time of this conspiracy , there was none of your priests in prison , there was no mult taken of any lay-man , nor was there a man of them , as king james . * said , that could alledge any pretended cause of grief . and yet they were continually restless , as we have shewn you in their story . was it because they had not all the liberty they would have had ? this is so far from excusing them , that it rathet gives us occasion of suspecting you. 't is no wonder that you , who cannot afford to call this conspiracy a treason , are not willing to allow the discovery of it a miracle . yet you might have forborn scoffing at it , in respect to king * james , who was pleas'd to name it so . especially when his adversary bellarmin * acknowledges that it was not without a miracle of divine providence . and sure our king makes a better use of this word miracle in the thankful acknowledgement of gods great mercy in his deliverance ; than your pope * sixtus v. did in his insolent oration upon the king of france's murder ; by which we may guess what some body would have called this plot , if it had sped . [ this will easily appear , viz. how little the catholick party understood the design , seeing there was not a score of guilty found , though all imaginable industry was used by the commons , lords , and privy council too . ] the design it self was understood but by few , because it was neither safe nor needful to impart it to many . but the papists generally knew that there was a design in hand ; and though they did not know the horrid nature of it , yet many of them pray'd for the success of it : and if the plot had taken effect , and the hunting-match had gone on , we should then have been better able to have judg'd how your catholick party stood affected toward it . sure enough though there were but a * score in the treason , yet there appear'd fourscore in the rebellion : and it cannot be imagin'd , that so small a number could expect , without any other assistance , to have made any great advantage by surprizing the lady elizabeth . but when the treason had miscarried , as hateful as it was , ( for who does not hate treason when it is unsuccessful ? ) yet many of you had a high veneration for some of those wretches that were deeply engaged in it . what a coil here was about the miracle of father garnet's straw ? and perhaps you have seen his picture , and gerard's too among the * martyrs of your society . nay his holiness himself shew'd his good will to them , when after all this , he made tesmund penitentiary at s. peters in rome . [ but suppose , my lords and gentlemen , ( which never can be granted ) that all the papists of that age were consenting , will you be so severe then to still punish the children for the fathers faults ? ] [ nay such children that so unanimously joyned with you in that glorious quarrel , when you and we underwent such sufferings , that needs we must have all sunk , had not our mutual love assisted . ] you suppose that which is false , to avoid that which is true. for who ever said , that all the papists of that age were consenting to the gun-powder-treason ? or who can deny that some papists in this age retain the principles of them that were consenting to it ? who , although they are not to be punisht for what their predecessors did ; yet they ought to be so restrained , that they may not do like their predecessors . and though , by that long word unanimously , you endeavour to shuffle in the men of these principles , amongst them that served his majesty in that glorious quarrel : yet we think it no hard matter to distinguish them . for those among you which did the king service , are not so many but that they may be numbred . and as for the rest of you , which only suffer'd with us , we thank you for your love , but not for your assistance . for we could not well have sunk lower than we did . but some of you floted the while ▪ like cork ; and others of you swum upon the bladders of dispensations . so that as we received no help from you in your swimming ; so we can apprehend no assurance of you by your sufferings . [ what have we done that we should now deserve your anger ? has the indiscretion of some few incensed you ; 't is true , that is the thing objected . ] sir , our anger is only a necessary care , that what you now call your indiscretions , may not grow to be such as you lately call'd your misdemeanors . [ do not you know an enemy may easily mistake a mass-bell for that which calls to dinner ? ] we know he may upon a fast-day ; for then you use to ring your vesper - bell before dinner . and how can a simple heretick tell , whether it calls you , to pray , or to eat fish ? but we do not know that ever any of you was brought in trouble about this question . [ or a sequestrator be glad to be affronted being constable ? when 't was the hatred to his person , and not present office , which perchance egg'd a a rash man to folly . ] possibly he may be glad of it . for it was your jesuitical distinction between person and office , that first holp him to be a sequestrator . and now he sees that distinction come in play ; he may hope , within a while , to have his place again . ( we dare with submission say , let a publick invitation be put up against any party whatsoever ; nay , against the reverend bishops themselves and some malicious informer or other will alledge that , which may be far better to conceal . ) ( yet all mankinde by a manifesto on the house door are incouraged to accuse us ; nor are they upon oath , though your enemies and ours take all for granted and true . ) what an ambush you have laid here for the bishops ! to have them thought popish , because you reverence them , and obnoxious , in such matters , as ( you say ) it may be far better to conceal . but as in the one , your kindness to them is sufficiently understood . so they are able to defie your malice in the other . 't is for a bishop of donna olympia's * to need concealment . our bishops in england are of another make , than to hold their credit at any one's courtesie . for the manifesto that troubled you , what could the parliament do less , when the complaints of you were great in all parts of the nation , than to invite men to bring their grievances to the proper place of redress ? but then say you , men were not upon oath , for what they said against you . what a hardship was this , that the house of commons would not do that for your sakes , which no house of commons ever did upon any occasion ? [ it can not be imagined where there is so many men of heat and youth , ( ever joyned with the happy restauration of their prince ) and remembring the insolencies of their grandees , that they should all at all times prudently carry themselves ; for this would be to be more than men . and truly we ecteem it as a particular blessing , that god hath not suffered many through vanity or frailty to fall into greater faults , than are yet as we understand laid to our charge . ] the king will never be out of your debt , if a jesuite may but keep the reckoning . your old treasons you put upon the account of his family and friends , and your late insolencies upon the score of his most happy restauration . but would you seriously perswade us , that , at six years distance , so many men of heat and youth were still transported with the joy of that blessing ? that there were some fresher causes of this jollity , has been vehemently suspected by many , who considered the great unseasonableness of it , in so calamitous a time , while the fire was ranging in our metropolis , and a french army lay hovering upon our coasts . ( can we chuse but be dismay'd ( when all things fail ) that extravagant crimes are fathered upon us . it is we must be the authors ( some say ) of firing the city , even we that have lost so vastly by it ; yet in this , our ingenuity is great , since we think it no plot , though our enemy an hugonot protestant acknowledged the fact , and was justly executed for his vain confession . again , if a merchant of the church of england buy knives for the business of his trade ; this also is a papist contrivance to destroy the well affected . ) there can be nothing charged on you , more extravagant than those things were , which your predecessors committed , and which here , you have taken upon you to justifie or excuse . the particulars of your charge , whatsoever they are , we leave to the consideration of the parliament : where we heartily wish there may appear more reason on your side , than there is to be found in this apology . for as to the firing of the city , if according to your words ( which we have not hitherto found to be gospel ) you have lost so vastly by it ; yet that will not acquit you from the suspicion of the fact. in the judgment of any one that considers the determination of your late provincial , * viz. that it is lawful to destroy the inrocent with the guilty in order to a greater good . and it seems this vast loss goes not near your heart ; one would think so by your pleasantness in the very next passage . for there you call hubert your enemy , and a hugonot protestant : which hubert , after father harvey had had him at confession , did indeed affirm himself to be a protestant ; but then being askt whether he meant a hugonot ( which it seems was beyond his instruction to say ) he earnestly denied that , as he very well might , for he then also declar'd that he believed confession to a ptiest was necessary to his salvation : and being admonish'd to call upon god , he repeated an ave-mary , which he said was his usual prayer . so that it evidently appears , he was neither hugonot , nor protestant , nor your enemy upon any account of religion . and yet you , being about to avouch this knot of falshoods , are pleased to usher them in with this preface , ( either in praise of your brother harveys pious fraud , or of your own proper vertue ) truly in this , our ingenuity is great . [ we must a little complain finding it by experience , that by reason you discountenance us , the people rage : and again , because they rage , we are the more forsaken by you . ] [ assured we are , that our conversation is affable , and our houses so many hospitable receipts to our neighbours . our acquaintance therefore we fear at no time ; but it is the stranger we dread : that ( taking all on hear-say ) zealously wounds , and then examines the business when it is too late , or is perchance confirmed by another , that knows no more of us than he himself . ] [ t is to you we must make our applications , beseeching you ( as subjects tender of our king ) to intercede for us in the execution , and weigh the dilemma , which doubtless he is in , either to deny so good a parliament their requests , or else run counter to his royal inclinations , when he punishes the weak and harmless . ] he that complains without a cause , must be heard without redress . we only desire to be safe from those dangers , to which your principles would expose us , and against which neither affableness nor hospitality will secure us . the protestants of ireland were never so treated and caressed by their popish neighbors , as they were the very year before ▪ they cut their throats . the best means of our security , is , that which his majesty has been pleased to require , viz. the discreet execution of his laws . by which ( if others shall please to distinguish themselves from the rest by renouncing their disloyal principles ) only the disloyal and seditious will be kept weak , that they may be harmless . [ why may we not , noble country-men , hope for favour from you , as well as french protestants finde from theirs ? a greater duty then ours none could express , we are sure ; or why should the united provinces , and other magistrates ( that are harsh both in mind and manners ) refrain from violence against our religion , and your tender breasts seem not to harbour the least compassion or pity ? ] [ these barbarous people sequester none for their faith , but for transgression against the state. nor is the whole party involved in the crime of a few , but every man suffers for his own and proper fault . do you then the like , and he that offends , let him dye without mercy : ] [ and think alwayes , i beseech you , of cromwels injustice : who for the actions of some against his pretended laws , drew thousands into decimation , even ignorant of the thing , after they had vastly paid for their security and quiet . ] we have answer'd your instances , of the french protestants , and the dutch papists ; and your unjust upbraiding us with the greatness of your duty , and with our want of compassion and pity . and yet , as if all these were unanswerable , you come over with them again and again . these barbarous people , you say , sequester none for their faith ; but pray what did you , when you govern'd the civiliz'd world ? you hang'd and burn'd men , for no other cause but their faith ; and this you did with abundance of civility ; so it seems we may be worse than barbarous , and yet much better than you . but that were little for our credit , unless we had this to say more ; that not the worst of you suffers any otherwise than by known laws , or any more than is of pure necessity . for , we hold it necessary to maintain the authority of the king , and the peace of the nation . if you call any thing religion , that is contrary to these ; must we therefore alter our laws ? or ought you to mend your religion ? you put the effigies of cromwel upon any thing that you would render odious ; as your inquisition bedresses one with pictures of devils , whom they are about to burn for his religion . for such disguizes are apt to work much upon the weak judgements of the multitude . but he must be very weak indeed that cannot perceive the wide difference , between the edicts of cromwel , that were design'd to ruine men for their loyalty , and those laws that our princes have made to restrain them from treason and rebellion . [ we have no other study , but the glory of our sovereign , and just liberty of the subjects . ] sir , if we may judge by your works , there is nothing less studied in your colledge . [ nor was it a mean argument of our duty , when every catholick lord gave his voice for the restauration of bishops ; by which we could pretend no other advantage , but that votes ( subsisting wholly by the crown ) were added to the defence of kingship , and consequently a check to all anarchy and confusion . ] this is no argument of your duty ; for , sure , you are no lord. nor is it likely that these lords follow'd your direction in the doing of this duty . [ 't is morally impossible but that we who approve of monarchy in the church , must ever be fond of it in the state also . ] if you mean this of papists in general , that which you call morally impossible , is experimentally true. for in venice , genoa , lucca , and the popish cantons of switzerland , where they very well approve of monarchy in the church ; yet they are not fond of it in the state also . but if you mean this of the jesuitical party , then it may be true in this sense , that you would have the pope to be sole monarch both in spirituals and temporals . [ yet this is a misfortune , we now plainly feel , that the longer the late transgressors live , the more forgotten are their crimes , whiles distance in time calls the faults of our fathers to remembrance , and buries our own allegiance in eternal oblivion and forgetfulness . ] we can now allow you to complain , and commend your selves without measure ; having prov'd already , that you do it without cause . [ my lords and gentlemen , consider we beseech you the sad condition of the irish soldiers now in england ; the worst of which nation could be but intentionally so wicked , as the acted villany of many english , whom your admired clemency pardoned . remember how they left the spanish service when they heard their king was in france ; and how they forsook the employment of that unnatural prince , after he had committed the never to be forgotten act of banishing his distressed kinsman out of his dominions . these poor men left all again to bring their monarch to his home : and shall they then be forgotten by you ? or shall my lord douglas and his brave scots be left to their shifts , who scorned to receive wages of those who have declared war against england . to swell up the bill of the merits of your party , you take in the services of the irish and scottish soldiers , as if they were a part of the english catholicks , whom you profess to plead for in the title of your apology . and that you may seem to have done this , in kindness to them , and not to your selves ; you exhort us to consider them , in such terms , as if you were the first that had ever thought of them . god forbid but they should be consider'd as they deserve ; and he is neither good christian , nor good subject , that would grudge to contribute his proportion toward it . but you seem to have a farther drift in the mentioning of these loyal irish. for you immediately mingle them with the worst of that nation ; namely with those infamous butchers , that in times of as great peace and liberty as ever that nation enjoyed , and in the name of that gracious king under whom they enjoyed these , cut the throats of above an hundred thousand of his protestant subjects of all sexes and ages . it was so black a villany , that you , the apologist of such actions , knew not how to mention in its proper place , viz. after the french massacre , because you had not wherewith to colour it . and yet being conscious to your self that this lay as a blot upon your cause , you thought fit to place it among these brave men ; as if their names would mend the hue of an action that will make the names of all that had to do in it , look black , and detestable to mankind , throughout all generations . nor do you deal much better with our royallists themselves ; of whom you do not stick to affirm , that in their admired clemency , ( and if this were true , who would not admire it ? ) they pardon'd many english , whose acted villanies were so wicked , that the worst of the irish nation could be but intentionally so wicked in their villanies . [ how commonly is it said that the oath of renouncing their religion is intended for these , which will needs bring this loss to the king and you , that either you will force all of our faith to lay down their arms ( though by experience of great integrity and worth ) or else , if some few you retain , they are such whom necessity hath made to swear against conscience , and who therefore will certainly betray you , when a greater advantage shall be offered . by this test then you can have none , but whom ( with caution ) you ought to shun . and thus must you drive away those who truly would serve you ; for had they the least thought of being false , they would gladly take the advantage of gain and pay to deceive you ] you proceed , concerning the irish and scottish soldiers , in these words ; how commonly is it said , that the oath of renouncing their religion is intended for them ! pray sir , can you tell who are said to intend this ? for if they are such as have no authority , it is frivilous . if they are such as have authority , it is false . and we do verily believe it was never said , wisht , or thought of , by any one that lov'd the king , and the peace of the nation . but what trick had this jesuite in his head when he fram'd this ? one may guess at his design : but let it pass . perhaps he only imagined this , to heighten his fancy , that he might think and write the more tragically toward the end of his oration . [ we know your wisdom and generosity , and therefore cannot imagine such a thing ; nor do we doubt when you shew favour unto these , but you will use mercy to us , who are both your fellow subjects , and your own flesh and blood also ; if you forsake us , we must say the world decayes , and its final transmutation must needs follow quickly . ] here you un-imagine for the souldiers , and imagine for your self ; and , as if you really thought your self in danger , you beg for mercy of the royalists , in such words as your predecessor * us'd to the rebels . only for the last strain , we do not know that any one hit upon it before , nor do believe that any one will ever use it again . [ little do you think the insolencies we shall suffer by commitee men , &c. whom chance and lot , hath put into petty power . nor will it chuse but grieve you to see them abused ( whom formerly you loved ) even by the common enemies of us both . ] it seems committee-men are intrusted with his majesties authority ; or that none must use it against papists for fear of being accounted committee-men . it is time to have done , when we are come to the dregs of your rhetorick . [ when they punish , how will they triumph and say , take this ( poor romanists ) for your love to kingship ; and again this , for your long doting on the royal party : all which you shall receive from us commissioned by your dearest friends , and under this cloak we will gladly vent our private spleen and malice . sir , though you set your self before to speak tragically , this does rather seem a piece of drollery . but you have your design either way . for no man can read it , but he must either laugh , or shake his head . [ we know my lords and gentlemen , that from your hearts you do deplore our condition , yet permit us to tell you , your bravery must extend thus far , as not to sit still , with pity only , but each is to labour for the distressed as far as in reallity his ability will reach : some must beseech our gracious sovereign for us , others again must undeceive the good , though deluded multitude : therefore all are to remember who are the prime raisers of the storm ; and how through our sides they would wound both the king and you : for though their hatred to us our selves is great , yet the enmity out out of all measure increases , because we have been yours , and so shall continue even in the fiery day of tryal . protect us we beseech you then , upon all your former promises , or if that be not sufficient , for the sakes of those that lost their estates with you ; many of which are now fallen asleep : but if this be still too weak , we must conjure you by the sight of this bloody catalogue , which contains the names of your murthered friends and relations , who in the heat of the battle perchance saved many of your lives , even with the joyful lofs of their own . sir , in answer to this paragraph , you oblige us to speak plainer , what before we only intimated to you . it was the policy of the rebels in the beginning of the late war , to harrass the papists in all parts of the kingdom . one reason of it was to make his majesty odious ; for , the papists being his subjects , and having none but him to fly to , it was certain he would do what he could to protect them , and this would make many zealous people believe ▪ that what the rebels pretended was true , viz. that his majesty was a friend to popery . another reason was to enrich themselves with their spoils , and to invite the needy rabble with a prospect of booty ; among which , if they found a string of beads , or a crucifix , it serv'd them upon both accounts , both to fill their pockets , and to justifie the cause . by this means you were driven into his majesties garrisons ; where , besides those that voluntarily offer'd themselves to his service , many of you were necessitated to it for a subsistance , and many more of you did not serve him at all , but only shrowded your selves under his protection . whereas the protestant royallists had no such necessity , for they might have been welcome to the rebels , to do as they did ; or they might have been permitted to live quietly at their home . but they chose to do otherwise , and were hated the more for it by the rebels , because they preferr'd their duty before those considerations . from this account of the motives that brought us together , it is easie to judge how far we are in debt to one another . first , as for them which lost their estates with us , we remember those things were alledged in their defence , * which we would have been loth to have admitted in ours . but possibly it was not their fault that these things were alledg'd , nor was it to our advantage that they were not accepted . for the rebels , having devour'd these gentlemens estates , fell to ours , with the more colour , and never the less appetite . in your catolague of those papists which were slain in the service , you have omitted some names which we are able to reckon . but perhaps you did this in design , that you might the more excusably reckon some names that you ought to have omitted . so you begin with my lord of carnarvon , the onely noble man in your catalogue , who was indeed too negligent of his religion , till he came to be in view of death ; but then , in his extremities , he refus'd a priest of yours , and ordered the chaplain * of his regiment to pray with him . if you take this libert of stealing martyrs , we have reason to wonder , that you had not taken in one that would have adorn'd your cause indeed , viz. his majesty himself ; since militiere * was not asham'd to publish , that that blessed and glorious prince died of your religion . him alone we might weigh against all that ever was good in your church . but besides , we could reckon you a far greater number of protestants , than you pretend to do of papists , that lost their lives also in the day of battle . they lost them joyfully , in hopes to have sav'd his majesty's life ; and 't was an accession to their joy , if perchance they sav'd any of yours . but did they ever intend their sufferings should go for nothing , or become ciphers to yours in the day of reckoning ? or that their blood should be made use of to stop the execution of those laws for which they shed it ? did they think your condition was so deplorable , or their own was superfluously fenced and secured against you before the late troubles ? pray sir do not perswade us to believe a thing so incredible , or to do at the rate as if we did believe it . rather if you have such an opinion of your own faculty ; try what you can do with your own party , and perswade them to do what is fittest & best for themselves . but because the genius of your writing does not give us any such hopes of you : we shall rather make bold to say something from our selves , by way of advice , to as many of them as may happen to need it , and are capable to receive it . we desire them to content them selves with that condition which they enjoy'd under his majesties royal predecessors : and neither to disparage those dayes , by endeavouring to perswade the world that they which suffered then for treason died for religion ; nor to undervalue all the liberties which they now enjoy , if they may not be allow'd to exceed the measures of their fathers . we wish they would not , for the paring of their nails , make all christendom ring with cries of persecution . we wish them deeply to lay to heart , the honor , and peace , and welfare of their nation . to abhor him , that could wish to see it in troubles , in hope that at next turn it would settle in popery ; or that could finde in his heart to bid a foreigner welcome upon the terms of restoring catholick religion . we desire them to keep their religion to themselves : and not lay about them , as some do , to make proselytes ; of which they have had a plentiful harvest in the late confusions ; and if they should think to go on at that rate , we have reason to fear , it would be a means to bring us into confusion again . we desire them at least not to abuse the weakness of dying persons : nor under pretence of carrying alms to condemn'd prisoners , to convert some of them with drink , and to cheat others with hopes of salvation upon easier tearms than ever god yet declar'd unto men. we desire them not to hinder the course of justice , by interposing in the behalf of any criminal , because he is a catholick . we desire them to content themselves , as their fathers have done , with such priests as are known and protected * by the civil power ; and that they would be pleas'd to demean themselves as priests ought to do : not disguising themselves like hectors , or mingling with gentlemen , to poyson the clubs and coffee-houses with phanatick discourses , or even with atheism it self , to destroy all religion that they may have their will upon ours . we desire them not to fill the world with their pamphlets , parallels , philanaxes , exhortations , apologies , &c which tend only to the fermenting of mens passions , not at all to the conviction of their reason . if they please to come into the fair field of controversie , we shall not decline them ; and we think we are not in debt to them upon that account . but for books of the other sort which are apt only to inflame parties , and make the people jealous , and the government uneasie , we wish they would spare their own pains , and consequently ours . if they will not ; let them bear their own blame , and let them answer it to the world what occasion they had to give us this trouble of answering them . finis . notes, typically marginal, from the original text notes for div a -e v. cambdeni annales . anno . concerning babington's conspiracy . * answer to philanax , p. † so argyle said let them take all , since my lord the king is come home in peace . * k james premonition , p. . of his works . * v. i●● . k. charles his testimony in his letter to the prince . conc. lateran . iv. c. . bellarm. in barclaium c. . † extrav . de majoritate & o●ed . c. . unam sanctam * pet. . . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . ●ulg . lat. om●● humanae 〈◊〉 . jer. . . plat. in vit. bonf. viii . lanc. in temploomn . judic . l. . c. . sect. ib. in traef . bell. de rom. pont. l . c. . baron . anno . sect. . bell. in bar claium c. . suar. in reg. m. b. l. . c. . sect. . greg. de val. tom. . in thomam dis . . q. . p. . ●hilopater . p. . * jan. . † note that the pope sent him thanks for it ; & king james writ in answer to it , that solid defence of the right of kings * ross. p. . * bell. de rom. pont. l. . c. . † watsons quodlibets , p. , and , &c. out of bannez , valentia , and parsons . the exhortation in the afternoon , p. . . his speech in parliament . p . of his works . daniel's hist. ric. i. in fin . walsingham . edw. i. . . e. . vide statute of provisors . * mat. westm. . thu. hist. l. . the spaniard holds the kingdoms of navar and of naples , and sicily , only by the popes gift ; by which he should have ireland too , and england , but that the right heir keeps them from him . walsingham , hist. edw. i. . letter to the prince . † v l'estrange . in habernfields relation . * answer to the reasons for no address . large declaration concerning the tumults in scotland , p. . * answer to the reasons for the votes of no address † answer to philanax , p. dolemans conference of succession , part . p. . * second moderator , p. . * , , . † first moderator , p. . * second moderator , p. . v. answer to philanax , p. . of father bret. . † first moderator , p. . * first moderator . p. . * k. james defence of the right of kings p. , . * thu. hist. l , . * thu. hist. l. . * guignard , in his oration said , it was ae great error that they had not cut the basilick vein . * id. l. . * thu. hist. l. . saith , that being forewarn'd of the plot , & advised to stand upon his guard ; he wisht rather to have his body drag'd , &c. than to see any more civil wars in franc. defence of the right of kings , in his works , p. , . thu. hist. l. . * henry iii. of france . * henry iv. † thu. hist. l. . * rossaeus , one of your predecessors , calls him a thousand times worse than mahomet , p. . & saith , from the beginning of the world , no nation or state ever endured such a tyrant , p. . * sixtus ● . quoted his own prediction in his oration that follows . * printed at paris , , by the printers of the holy league , and approved by the sorbon . * k. james works , p. . canon agatho dist. . fauchet . anno . c. . that the pope ador'd him , not he the pope . * council of frankford , an. . philopater . p. . ross. p. . saith of them that were pretended to die for your religion , where was it ever heard that they denied her to have been the lawful queen . * philip ii. and henry iii. for themselves , & the emperor maximilian for his brother charles . * council of trent . l. . an : . * in his letter by parpaglia , dated . may . * dated . feb. . † see the bull it self , there is not the least mention of bastardy in it . * james buoncompagno . † don john. * whom his holiness had created marquess of lemster , earl of wexford , &c. thu. hist. l. . cambden , eliz. . * cambden eliz . . † cardinal allen's admonition . v. watson's quodl . p. . and . * cambden eliz . , an. . watso . quodl . p. . † cambden ib. anno . watson ib. p. . * cambden ib. anno . dolmans conference about the next succession to the crown . † dolman . part . . p. . * cambden ib. . watson . ib. p. . † dolman ib. p. . * ib. p . † vvatson . ib. p. . * tortura torti . p. . * watson . ib. p. . * v. thu. hist. l. . * philopater , p. . and . & v. thu. ib. * baldwin , hammond , tesmund , and gerard , were named by the conspirators , as privy with them . * v. vvatsons confession . * v. his speech in parliament . and his relation , &c. warmington , p. . saith ▪ none were therein culpable , but only jesuites and catholicks . casaub. epist. ad front. du●●um . * king james speech in parliament , . * ib. * tortus , p. . edit . colon. * sixti orat. * jesuiteb . lay-men , besides owen and stanley ▪ * at la fleche , and elsewhere . * v. her life . p. . and p. , . * garnet in the case of the powder-plot . lord orory's answer to w●lsh , p. . saith . within few months about two hundred thousand . * first moderator , p. . your own kindred and allies , your own countrymen , born to the same freedom with your selves ; who have in much less measure ( than the scots ) offended in matter of hostility , nay divers of them not at all . * second mo derater , p. . most of them in the begining of the late war ( seeing themselves unprotected by the parliament , & exposed to the plunder of the then soldiery ) fled into the king's garrisons , to save their own lives , without taking up arms to offend others . * second moderator , p. . * mr langford * in his victory of truth . d. of medina in . said his sword knew no distinction between catholick and heretick , * v. cambden's eliz. . by the king, a proclamation for proroguing the parliament until the nineteenth day of october next england and wales. sovereign ( - : charles ii) approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing c _variant estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) by the king, a proclamation for proroguing the parliament until the nineteenth day of october next england and wales. sovereign ( - : charles ii) charles ii, king of england, - . broadside. printed by the assigns of john bill and christopher barker ..., [s.l.] : . "given at our court at whitehall the eighteenth day of december, in the twentieth year of our reign. ." despite the information in the reel guide, this item is a variant of wing number c because it lacks the "in the savoy" place of publication. reproduction of original in the huntington library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- parliament. great britain -- history -- charles ii, - . great britain -- politics and government -- - . - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion diev et mon droit honi soit qvi mal y pense royal blazon or coat of arms by the king. a proclamation for proroguing the parliament until the nineteenth day of october next . charles r. whereas the two houses of parliament have by our direction adjourned themselves until the first day of march next , we for many weighty reasons have thought fit and resolved to make a prorogation of the parliament until the nineteenth day of october next . and therefore do by this our royal proclamation publish , notifie , and declare , that we do intend that the parliament shall be prorogued upon and from the said first day of march , until the said nineteenth day of october next : whereof the lords spiritual and temporal , knights , citizens and burgesses , and all others whom it may concern , may hereby take notice , and order their affairs accordingly ; we letting them know , that we will not at the said first day of march , expect the attendance of any , but onely such as being in or about the cities of london or westminster , may attend the making of the said prorogation , as heretofore hath in like cases beén accustomed . given at our court at whitehall the eighteenth day of december , in the twentieth year of our reign . . god save the king. printed by the assigns of john bill and christopher barker , printers to the kings most excellent majesty . . a declaration unto the parliament, council of state and army, shewing impartially the cases of the peoples tumults, madness and confusions as also eleven particulars which will perfectly cure their distempers : with the method of a commonwealth, hinted in twelve particulars, with what persons and callings are usefull therein : also shewing the benefit which comes by a common wealth rightly constituted in nine particulars and answering six objections / humbly offered to consideration by william covel. covel, william. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing c ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing c estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a declaration unto the parliament, council of state and army, shewing impartially the cases of the peoples tumults, madness and confusions as also eleven particulars which will perfectly cure their distempers : with the method of a commonwealth, hinted in twelve particulars, with what persons and callings are usefull therein : also shewing the benefit which comes by a common wealth rightly constituted in nine particulars and answering six objections / humbly offered to consideration by william covel. covel, william. p. [s.n.], london : . reproduction of original in the harvard university library. eng great britain -- history -- civil war, - . great britain -- politics and government -- - . a r (wing c ). civilwar no a declaration unto the parliament, council of state, and army, shewing impartially the cases of the peoples tumults, madness, and confusions covel, william b the rate of defects per , words puts this text in the b category of texts with fewer than defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - celeste ng sampled and proofread - celeste ng text and markup reviewed and edited - pfs batch review (qc) and xml conversion a declaration unto the parliament , council of state , and army , shewing impartially the causes of the peoples tumults , madness , and confusions : as also eleven particulars , which will perfectly cure their distempers ; with the method of a common-wealth , hinted in twelve particulars ; with what persons and callings are usefull therein ; also shewing the benefit , which comes by a common wealth rightly constituted in nine particulars ; and answering six objections ; humbly offered to consideration by vvilliam covel , gent. we for our selves are not by nature born , our own to seek , and leave all else forlorne . london , printed in the year , . a declaration with some proposals unto the parliament , council of state , and army , and unto all others of all sorts . beholding the glory of that pure god of nature , who hath wonderfully cleared my sight , and quickened my benummed senses ; i say , that blessed good nature enforceth me to declare my self at this time , or else i can have no peace . blessed be the lord , the heavenly powers , that created all things good . praise ye the powers for ever and ever . and i must speak to all , without respect of persons . i beholding the whole creation to be very good , and very comely , in order to uses and ends ; ( for they were not created in vain ; ) i being but a little while in the school of nature , began to compare gods creation with mans inventions ; and upon consideration , i wondered not why man was so confounded , so out of order , and so full of complaints , &c. and concluded that the worlds glory is vanity and vexation , and that man is the cause of his own confusion . o england , if thy glory be thy invention , how vain , and vexatious , and ugly faced is thy glory ? i say , that good nature is pure , and is not in vain , but is of , and from the great powers , and is in order and method , within its own lines of communication : the voice of the turtle is heard there and no where else . but thou oh england ! canst not hear the voice in thy own inventions ; the trampling of horses , the noise of the drums , the clashing of swords , the noise of the hammers , the ratling of coaches , the observing of fashions , the fine things on your backs , and the many projects in your heads , your great gains , and sometimes great losses , the distractions in your families and amongst your friends , hinder you from hearing the voice . therefore my work is to shew you where you may hear it pleasantly , and be delighted in it . it is ( my friends ) in natur 's school ; it is universal and divine , like god , universally good . you of the universal spirit understand me , the others do not ; but let me ask them ; will ye come into the universal , divine school of nature ? i mean gods creation , that is the school . but before you come , let me ask you this question whatever you are , you great-ones , you kings , princes , noblemen , you great-ones in the world , and you ignorant little ones also ; what have you , that you have not recieved from that universal , divine store-house of good nature ? how came you , you great-ones , by so much , when others have so little of the glory of the world of invention ? your eyes stand out with fatness , you have more then you can wish for ; was it for you onely created ? it appears so by your holding it so fast . but how came you poor-ones by your poverties and miseries ? you answer me , and say , ever since the people did choose kings , and put their images on silver and gold , and with that bought and sold : ever since the people did forsake good nature , and fell to invention , to build cities , and to get charters ; to buy the poors labours for half the worth , that they scarce have bread for them , their wives and children , because they have none of the kings and queens images : oh how the buyers and sellers are guarded , fenced with walls , and defended with lawes ! what cannot buyers and sellers have , if that they ask for it to advance trade ? oh english hearts ! consider soberly ! have not kings and single persons been very chargeable to the nation ? are not all vain things chargeable to you ? are not the learned fraternities of lawyers , the ecclesiastical powers , your merchants , your tradsemen , chargeable ? have they not all spongy tongues , to lick up the golden and silver idols ? the people being made happy by having those idols , or miserable by not having of them : how they draw the heart of man ? what slaves men are made to fetch gold out of other nations ? how many loose their lives before they bring it ? what tricks the people are fiegn to use before they can get it ? how they study and strain their wits , and lay stumbling-blocks before their brethren ? do you not see the possessors of it lift up themselves , and snuff up the winde , and have scornful eyes , and taunting speeches for the poor ? but you shall see that they have a smile for their lovers . in this age the proverb is made true , birds of a feather will flock together . behold therefore , and wonder not , they stand but in slippery places ; behold the golden and silver idols , your great idol , the mother of the little idols ! behold the great cathedrals , the mothers of the little churches ! behold , i say , what whoredomes and fornications are committed ! what lyings ! what cheatings ! what blood ! what murders ! what divisions ! what tumults ! what pride ! what covetousness ! oh how many religions there are ! what brave cloaks and coats they are made to cover the sins of the world ! there are but two sorts of people , the good and the bad , according to your own accompt : the good man must be the universal man ; one that lives in the universal and divine school , whose object is good nature . the other is the narrow covetous man , whose heart is set to get wealth , and he lives in the worlds school , which is invention ; and his object is gold , silver , honour , and the pomp of the world . behold the ugly-faced glory of the world ! do but set the ugly cheating world of invention aside , and you will see , that man was made to sound forth praises to his creator , and with delight to read the book of creatures . come you learned wise men , from all parts of the whole world , with all your skill and learning ! there is a book , the book of creation for you to read ; all your time is too little , your skill is too weak , you want understanding , you dare not look on the king , he is so glorious , he is pure nature ; there is pure orders , pure method , pure lawes ; there is no confusion , there is no pain or vexatious thing . you universal ones ! do you sing praises to our heavenly king : let the dark covetous men be in burnings in their own inventions , with their idols , and with their worships , until the matter that hinders them be consumed . before they can be universal , they must be students in the universal school of nature , which is divine ; and all schools set up by man are but humane , men made them ; oh my dear brethren , take heed how you hear , and what you hear ! will any come to the work prepared ? rouze up your spirits you english men , you great-ones , you rulers ! i fear that word will be made good in our days ; not many wise men , nor many mighty men , but god hath ordeined the foolish to overcome the wise things , and the weak things the mighty things . the chief end of my declaration is , to hint unto you what a common-wealth is , and how happy england may be , before any part of the world , if they will : indeed it is an hard work for poor men to act it ; many know how to act it , but have not power and ability ; many that know how , and are able , but will not , they are so covetous . now the parliament , ( the peoples representatives , ) hath declared for a common-wealth ; therefore i hope i do not offend you to speak concerning what it is , or how in some measure it ought to be . therefore , to the parliament and armie , and to the armie and parliament jointly , who are all of them the peoples trustees ; therefore , i say , to them i speak in the first place ; the one to do the work , and the other to see it done : for me to hold a little candle to the great lights of the world , it will but turn to my scorn and reproach ; but all is one to me ; if the work of the lord be done , ( which work is the restoration of the creation of god , ) i care not . there are certain rules of policy the wicked world stands upon ; the foundations and grounds whereof are good , were they well observed and applied . . the first is , strength united is stronger . . the second is , divide , and spoile . . the third is , make poor enough , and you will rule well enough . pray parliament , council , and armie ! consider seriously ; oh english hearts observe and consider ! if good things be associated , then wicked things will be scattered ; if good things be uppermost , then wicked things will be undermost ; whereas now things are quite contrary . ly . divide the good things from the wicked things , and spoil the wickedness . ly . if nothing will destroy wickedness , but poverty , then do it wisely ; but certainly there are other waies . now indeed wickedness is so associated , that wickedness is established by a law : men dare set up their posts by gods posts ; men and women will have their wills , dominier , and rule , and be upermost , or they will divide and spoil , or make them poor . behold there the ugly-faced glory of the inventing world ; take away the trash and trumpery from before the peoples faces : i speak to you that are intrusted . consider , are not kings associated to uphold each others glory ? are not the learned lawyers associated ? behold their halls and charters ! are not your ecclesiasticall powers associated ? they use to say in your newes-books , the associated ministers of the west ! are not cities and corporations associated ? witness their halls , companies and vanities ; the great ones eating up the little ones ; the great tradesmen living on the sweat of the brows of handy-crafts men , and inventing bables and babies , which are useless ; nea , the merchants of the land carrying out of the land english commodities , and for them bringing in things of vanity and pride : the idols of gold and silver are the mark that they all shoot at ; to some it is a signe of glory , but to others a signe of death , &c. pray you tell me how the plow can goe , or the handy-crafts , which are usefull , can work with comfort , when all these , with all the idle persons , depend on them ; they are made the very scorn of the nation . we know the army are an association , and an heavenly one too ! but it is in case of necessity ; and the tumultuous people is the cause of it ; let them bear the burthen , and pay the charge . my humble request is therefore to the supreme powers of this nation , to grant unto the people these following necessary things . . that a common-wealth may be really acted ; deeds are better than words . . a tolleration of religion ; no more persecutions , &c. equal privileges to all societies and manufactures , without restriction , or exemption , and all charters of incorporation taken away . an universal magistracie to hold the ballance equal to all sorts of people . ecclesiastical powers abolished ; if any will hear parish-ministers , let them that will have them , pay them . let the tithes pay publick debts , and after serve for charitable uses , and to raise a stock to defend the nations from their enemies : besides the tithes that are payable every year , the charges of repairing the churches and painting them , ( to bewitch the hearts of the youth , ) with the bells , ( to draw the hearts of the people , sounding forth nothing but inventions , and taking the senses , and mis-placing of them , ) might be better imployed and converted to publick uses . behold , and wonder ! the high places of idolatry stand and are preserved , when the temples of the holy ghost ( mens bodies ) are neglected , perish and starve ! oh horrible wickedness in the land ! the teachers of the people runn to shed blood ! all the wast earth to be improved to the best advantage . the patents and grants by the kings to lords of mannors may be well searched into , for they are incroachments upon the people , the lords of wasts are known to be cruel to the poor , not permitting them to gather a bagge of chips in some places . that all useful & necessary arts & handy-crafts may be encouraged , & that the things useless may die in course ; i mean whatsoever is hurtful to man ; for man is naturally to be preserved above and before all things , which he himself makes . that in en●field ( which is a very poor town ) there may be : acres of land taken from the : acres , which is for the commonets ; and that the rest of the commons may be divided to the commoners to be improved ; and that on the : acres the parish may set up : alms-houses for the aged ; and a work-house for the youth , in which shall be a manufacture , where the idle persons may be set to work ; the : acres to be managed with a manufacture on the earth ; and a manufacture set up together , will in short time raise all things necessary ; the disjoynting of them spoils all : experience makes it true all over england : the uniting the plow , and handy-crafts , and mariners , and arts recovers it all again : it was never done in the world yet . that all idols may be destroyed , i say , and all other things whatsoever that are useless & hurtful to man ; for , i say , man was created to serve his creator , and to read him in all his works . that a bit of earth about the bigness of a nut may be given for a sign , and for exchange of commodities amongst our selves : the coyns may serve other nations , and destroy them , as the picture of the owl on brass did destroy the lacedaemonians common-wealth : and truly the pictures of kings and queens put faire to destroy england ; experience shewes us that many in england are destroyed by them , with them , and for want of them . oh people of england rage not at me ! for the earth is in conjunction with the greatest powers , and thou thy self art a flower of her , and shortly the powers will summon you : be it known unto you , the earth will swallow you up , and the spade will bury all , both you , and the images that you make , and all the works of your hands . now while we live here , let us consider soberly of some order and methods for the society , which hereafter may be gathered together ; for we want method excedingly in associating together in good things : we see it practised in wicked things . let some rich men give out of their abundance some lands or goods to raise a stock , never to expect any principal , or profit thereof : these are fathers that lay the foundation ; they may give advice and counsel in that order and method . i commend london for their wisdome ; they are too wise in their common-wealth for all england , &c. yet she wants that which should make her happy she is in confusion . ly . a well qualified people may come together , not in handy-crafts and arts onely , but to mix the arts and handy-crafts together with earth ; that every genius may be delighted in what it pleaseth , by improvements of that which is good in nature and in art , &c. that which is good in natures school . there needs not any society to be above houses , whereof families may live rent-free ; which are the poor handy-crafts-men . . that every society may have its government within its self , according to order and method ; to learn hebrew , greek , latine , natur 's arts , handy-c●●●ts ; observing to do that which is most necessary for the well-being of it . . that the greatest gifts of god in nature , may be known freely , without making sale of them , as they commonly are . . the matter on which the handy-crafts-men work , must be a common stock to them onely ; and the profit to them only . . all necessaries by them raised , are to be kept in a store-house for the use of them only , the over-plus sold , or exchanged for other commodities for them by their stewards , ordered in a method by the fathers and themselves , and their successors for ever . . no buying and selling amongst themselves : the fathers and their successors must take care of their own societies , that the stock be encreased , and that made out once or twice in a year : a good encouragement it will be to all rich people , either in their life time , or at their death , to give something to so good a work , . being associated with mariners , the fathers may trade , and that with their own proprieties , for their own benefit , and follow the earth and plantations , in which they most delight ; for sure england with care may be made as rich again as it is ; and no beggars in it . . the fathers purchasing lands , may know their own propriety , although they be in one society : which may consist of or acres to every society : they may encrease it , and dispose of it by will as they please , to wife , children , or friends . . therefore it will be fit for every proprietor to have his will lye in the office where he is a father . . that the encrease of societies will soon take up the people , that you will want people in england . . that as societies are encreased , ( as ) to four or five in some parishes , and that the people come to understand the benefit 〈◊〉 that rule , that strength united is stronger , they will come in with lands and goods ; and by degrees the whole earth will become a paradise : i say , the earth hath more work in it , and upon it , then there are now people to do it : the people are wearyed , ( being but few ) with the burthen , and run to arts and handy-crafts , and there they cannot live one by another ; so that the poor cry all over the nation : ( indeed they are very poor , and very wicked , ) they are idle , and so en-forced to steal ; some would work , and some would set them to work , but there is not money to pay them ; consider in time , before it be too late ; all men are weary , and at their wits-ends , unless it be a few , whose hearts are as hard as a neather mil-stone . much hath been said , but nothing yet done to recover the nation , but who regards it ? nea , we have fine tricks ; we can tell how to blast every good work , by loading them with reproaches , and cry down good things as bad things , and cry up bad things as good things . be wise oh people ! he that created you is coming to sift you ; we cheat one another , but there is a discerning eye that beholds all , and the nations of the world will find it true . . therefore observe and associate in good things ; it is but to strengthen your selves , and gather together : advise first , and then put into action . ly . in every mile , and half mile , where there is matter in the earth , or upon the earth let societies and manufactures be settled ; first , one for a pattern , that every one may see , learn , and teach the right use of the things that are . here is work for all the rich ; for the kings , nobles , for the ladies and gentry , for useful handy-crafts , to repair to the places ; where the matter is , them that have skill , there to be imployed , and to make what is necessary , without running to markets ; so that every society may be supplyed , one from another by land or by water , in order and method by exchange ; and that by the governours and respective fathers of the societies . the sole end is , that all people may enjoy the labours of each other at the first and best hand , with peace and rest , and less trouble . food and rayment , all over england may be raised with diligence ; and it will be found better work to raise commodities , than to raise moneys . oh england ! thou wants but method ; blessed art thou above other nations ! but thy ignorance , and wilfull covetousness is thy curse . . blessed and praised be the greatest powers ! good nature come forth ! thy people are many of them willing to see thy beauty ; and it lyeth in the works of thy hands . behold the wonders ! behold the divine universal good ! the philosophers stone ! you beholding the work , will then inquire for the work-man : doth not the great god with the heavens , and the earthly powers , work you bread , cloaths , things for your need , delight and pleasure : whither runne you ? you seem to out-run god and nature ! come back you gallants ! is it gold or silver that makes you happy ? n●● is not rather the picture of a king on it ? and a law of your own making , that you so much doat on ? let me call you foolish galatians , you are bewiched ; and you have done it your selves . call all the gold and silver , and lawes of men , and books of mens making and images , and see if you can be delivered ; give them for a bribe to the earth ! she will not accept of them : for she tels you , these are all hers , they came out of her ; by the powers they were created in her , and she will command you , and them . therefore trouble her not , for she is firmly set , to command you ; therefore , i say , you are not happy to see any other unhappy . the well qualified people , men skilful in the things that are , are desired to be in the first society to be a pattern ; for the spongie tongues will blast it sufficiently , and if devils and men can destroy it , it must be destroyed . therefore , oh parliament and army ! take care herein , and stand upon the foundation , divide and spoil : divide the oppressor from the oppressed , and spoil the oppressing thing . here is work when you call a fast ; take off every yoak , let the oppressed go free ; hide not your face from your own flesh ; respect not persons as you doe , but be like god , who is universally good , and so is his whole creation good , it is a learned book ; there is more letters in that book , then . pharaoh and the egyptians , and belshazzar were made to read the hand-writings , and letters with a witness . therefore when you come to destroy the idols , doe not doe as saul did , spare the amalekites ; for , for that his kingdom was rent from him . you rulers ! rebel not against your maker , make a through-work of it now ; yea , let the work be wrought in you , and through you , or you will be made ciphers , and your work will be done by others ; for this is a day of burnings , confusions , tumults , and cryes : me thinks ! all look to be rulers , but none will be ruled ; all will be teachers , but none will be taught , & all is to get places of honour , pleasure , profit , that they may have the capp and knee , that they may dominere , and have their wills . man is so ignorant , that he centre 's his happiness in having his own will obeyed , more than in having his will subject to the will of god : he that submitts to god is at rest ; and in his silent resting in god , and beholding the great wonders , ( the workes of god standing firmely , ) the wonderful powers let into that man wisedome , discerning of the things that are , and the things that are to come . but oh man ! never do you exspect this state , until you have submitted without making conditions : it may be you pray that way to god , and your prayer is rejected : know this , that before submission , you are not fit to recieve of his fulness , or to have the secret of the lord revealed to you . oh! who can submit ? oh how hard it is to be a christian ! where are you , that i may know you ? i say to you , although you are black , with the scorchings of the world , and the persecutions of tongues , you are happy and blessed for ever . therefore i send greeting to you all , where-ever you are , that you may consider , and gather your selves together , and be hid in the day of the fierce wrath of the lord , what language , nation , or tongue soever you are : for our god is no respector of persons . and as i have been bold to search into the heart ; so you must give me leave to search into mens callings : i onely speak to that , which i see at present is necessary , and call to them , that they will consider , and hearken to heare the voice of the turtle-dove in the divine school of nature . plow-men , sheepheards , heards-men , gardiners , smiths , carpenters , brick-layers , turners , coopers , wheelewrights , dyers , weavers , sheer-men , taylors , turners curriers shoe-makers , hat-makers , oatmeal-makers , basket-makers , sive-makers , coller-makers , rope-makers , fell-mongers , barbors , physitians , or chymists , school-masters , earthenpotmakers a glass-maker , or glazier , a slaughter-man . the office . the governors for a year , the stewards , the recorders , the cash-keepers , or accomptants , three in every office . here is : and fathers to make one family ; all to live distinct , about a square or triangle , on or acres in order , as in a colledge . by the water side you need more arts , and handy-crafts . you having families , as one family , in one common-hall at several tables , at dinner or supper , at the ring of a bell ; will be beneficial and profitable , and easie for all and unto all ; which appeares as followes . . as first , the magistrates trouble will be little , or none , but to oversee and keep them in order , countenancing the well-doer , &c. much time is saved , and many accidents that happen are prevented , which is occasioned by the running up and down of the people . the expence of the third part of the houshold-stuff is saved , which is used in the nations , besides less fires . the creatures that groan , will find ease by it . none need be covetous , or steal for want . idleness and ignorance will be destroyed , which is the mother of want . cheating , and lying will be much destroyed . you need not bind your children to be slaves for seven years , nor give summes of moneys ; and oftentimes they like not the trades , when you have done it . in time there will be less use of moneys , and less buying and selling ; for by breeding , and planting the earth , the nation shall be enriched , and the people restored from their hard labour , and from their cares ; nea , much more priviledges you shall be invested with , than my tongue is able to express . lift up your heads you english nation ; the glory of god , and the good of the land is before you . my good friends , suffer me to be plain with you ; there are good ancient lawes and customes , which were before the norman yoak ; as that of the gavel-kind ; that is , that estates got by the industry of parents were lest equally to their male children ; the forsaking that good old law , gave an advantage to the raising of families to titles of honour , without deserts , being graced by the kings ; the eldest son to have all , and the other to be poor , and miserable , or else put to trades , to tell lyes , and out-wit one another ; so that a man knowes not how to live , nor what to doe ; the poor are come to be so oppressed , that they will tell you to your faces , that they will have it one way or another , and that a short death is better than a lingring death : and truly there is but death in hanging , and it is no more in starving . where are you gentlewomen ? you will not be known in wooll and flax ; it is too homely a work for you , but in pride and vanity you are seen , &c. all over . . ob. you say i am a leveller , and would destroy propriety ? i answer , i am not . . ob. you are against cities , and markets , buying and selling , and trades , and moneys ? answ. i am against the evil in all places , and that which is the occasion of it : it is pretty to see the country people cheated , as i my self have been often , with a picture of a king or queen , but especially when it is set on brass : here i commend the cities of the world for their wit ; to see how finely they can sit , and draw the people to them : alass , the country are as a prey , when as they please , even as a lamb before the lions . you country people ! if you knew the worth of the creation of god , you would not run up and down with the creatures as you doe ; and part with them for that , which is your destruction , and breeds in every place distractions . i may say to england , you are very cunning apes ; you make resemblances of all things on your signes in your streets , only you want power to give life to them ; they are chargeable to you , they have eyes and see not , legges and walk not , &c. oh the idol-makers , you lying wonder-makers of the world ! i will stand upon the earth , and turn me round about , and behold more glory and true beauty in the firmament , and on the earth , then all the inventing world can shew me , which so tickles the phantasies of fools ; your bables and babies are not fit for children : they hurt them , and poyson their understandings , &c. let me tell you , that you have wished for a reformation , and have read that chapter , the : of the romans , which mentions the restauration of the creation of god . pray you be patient ; rage not at me , but at your own folly , that you should be so cheated by your own inventions : i hope you will conclude , that mans destruction is of himself ; and that it is true , that sin shall stay the wicked man . . ob. but you would destroy us , by spoiling our callings , and therefore we cannot bear your saying ; therefore we will destroy you one way or other ? answ. i expect that if you can : you will either publikely or privately : i do here declare , that i have no evil designe towards any of you , neither do i know of any evil designe , but would gain you from your trouble , and your care and confusions , which you are in , and are like to come upon you . . ob. you spoil us of our delights , and comforts , we will not bear it ? answ. you part with a little short comfort , which in your inventions is mixt with trouble : which of you can deny it , that hereby you shall enjoy an eternal weight of glory , here and hereafter : you shew me mans works , and i shew you gods works . pray which of them affords you the best comfort ? . ob. but you say , i speak that which is true ; but you have lawes to maintain you ? answ. but how came you by them ; and if you have laws , they are but of mens making , and them they may null , if they please : but if they will not , i hope they will not say , they are as good as gods lawes , orders , methods , and decrees are : and i dare say , that not any man shall be judged at the great day by any lawes of mens making , but by the lawes of gods making ; which are the book of the creatures , and the book of conscience : it is but fit you should be acquainted , and well read in these books : and it highly concerns you to take care in this point . . ob. you talk of a common-wealth ; but what authority have you to shew us , to act it ? answ. to some that have made that objection , i answer , that the parliament hath declared england , &c. to be a common wealth , and i doubt not , but they will make good what they have declared . therefore seeing that endfield was first in the last tumult , i propose , that acres of the commons , which are set out , may be ordered for to act the common-wealth on , for the benefit of the poor in that parish ; for although england be a common-wealth in general , yet by little common-wealths it must appear ; as many towns make one county , and many counties one nation ; and i dare say , in a short time you may behold a pattern , which may be fit for england , and the whole world to follow . the conclusion . lift up your hearts yee rulers , and yee of our english nation ! for you are designed for a general work ; be not afraid ; and let all your enemies know , both beyond the seas , and at home , ( which are not to be valued , ) that so long as you of the parliament and armie are found doing the work of reformation , that there are seven thousand , and seven times seven thousands , which have not bowed the knee to baal , neither will they , who will stand by you : i speak to you , which i hope do understand me ; as for the others , let them scoff , tumultuate , and rage ! he that made them are mightier than they ; one shall chase a . and ten shall put ten thousand to flight : i say fear not , but come forth in well-doing , and the god of all health , and wealth be with you , and lead you forth to do his works , and not your own . but if you neglect that duty , and dis-unite , the people then will make their applications for relief in these their necessary requests , to such of you as shall be most propense and ready to effect their desires . these four lawes , and no more , need be made . i. all tithes , delinquents estates , innes of court , and chancery , universities , and the lands thereunto belonging , to pay publick debts . ii. gavel-kinde tenure to be re-established , that the eldest may not have all , and the youngest be a beggar . iii. setling all wast-lands , and commons on the poor for ever . iv. that the rich may pay according to their estates , whereby to maintein the impotent and aged poor in hospitals ; and that in every parish an hospital may be erected for that purpose , as also societies for youth , and manufactures for those that are able to work , where need shall require . v. all other laws to be null for ever . by these means we shall come to the old , honest , indifferent , and righteous agrarian law , which was exercised in the good-old romane common-wealth , which is opposed by none , but arbitrary king-mongers , and factors for single persons in government , and such as are enemies to the pretious freedome , and liberty of the people , in a natural equality , ordeined from the first creation of the world . my canto on the times . considering of things , i then look't about times clear forgot , and almost worn quite out : the people were willing in the year forty two , but since by experience it hath proved their woe ; for faith and good works are even now forgot , the peoples teachers faithfull are not . to say and to do , is the righteousness of man , but to doe that without money who can ? it makes men honest , and that wicked too , for , most men for that will each other undoe . i was not afraid , but serv'd the state eight years ; my name in their musters most clearly appears ; suffering hardship , imprisonment , and loss of my blood ; but if we act for common wealth , 't will be good . we then fought against wickedness , and all evil things , which began , when the people cryed up their kings : but when the danger was past , and in place was found gain , i wanted not accusers , to make me heretick amain ; for so was i tryed by articles , ( which were but their trash , ) in edenburgh , with their pretended zeal so rash ; and for their good works were so well rewarded , encreasing in honour and wealth , and are so much regarded : and now to ambitious and covetous men all 's but a prey , crying religion , and justice , and that is their way . what running and riding ! what whipping they make each one of the other , and how they mistake ! for to be honourable , great , rich , and upper most , nature , and their brethren must be made their post . but where is their one who will regard the poor ? will you still buy , sell , lye , and paint o're the whore ? let me look but a little , and see well about , and i will soon find all the wickedness out , both in mine own self , and also in my brother , oh! that , that might be destroyed in each other ! to strengthen each other in any wicked thing , shall they finde rest ? no! nor see the face of the king . unite and strengthen thy brother , and do it ever , let good be your object , and gather your selves together , not with the drum , the sword , nor the battle spear ; for the universal magistrate you shall not need to fear : the universal , divine school of nature will you and them teach and every one there will learn for to preach , and there find him truly , who giveth all rest before your inventions can , though you think them best : there shall they sing praises unto their creator , not regarding silver , or gold , or picture-maker . therefore you of the royal race sing full loud and fast , for you shall find rest , which is heaven at the last . finis . kakourgoi, sive medicastri slight healings of publique hurts. set forth in a sermon preached in st. pauls church, london, before the right honorable the lord mayor, lord general, aldermen, common council, and companies of the honorable city of london. february . . being a day of solemn thanksgiving unto god, for restoring the secluded members of parliament to the house of commons: (and for preserving the city) as a door of hope thereby opened to the fulness and freedom of future parliaments: the most probable means under god for healing the hurts, and recovering the health of these three brittish kingdomes. by john gauden, d.d. gauden, john, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing g a). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing g a estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) kakourgoi, sive medicastri slight healings of publique hurts. set forth in a sermon preached in st. pauls church, london, before the right honorable the lord mayor, lord general, aldermen, common council, and companies of the honorable city of london. february . . being a day of solemn thanksgiving unto god, for restoring the secluded members of parliament to the house of commons: (and for preserving the city) as a door of hope thereby opened to the fulness and freedom of future parliaments: the most probable means under god for healing the hurts, and recovering the health of these three brittish kingdomes. by john gauden, d.d. gauden, john, - . [ ], p. printed for andrew crook, at the green dragon in pauls church-yard, london : . first word of title in greek characters. reproduction of the original in the union theological seminary library, new york, new york. eng sermons, english -- early works to . great britain -- politics and government -- - -- early works to . a r (wing g a). civilwar no kakourgoi, sive medicastri: slight healings of publique hurts. set forth in a sermon preached in st. pauls church, london, before the right gauden, john f the rate of defects per , words puts this text in the f category of texts with or more defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - taryn hakala sampled and proofread - taryn hakala text and markup reviewed and edited - pfs batch review (qc) and xml conversion {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} sive medicastri : slight healings of publique hurts . set forth in a sermon preached in st. pauls church , london , before the right honourable the lord major , lord general , aldermen , common council , and companies of the honourable city of london february . . being a day of solemn thanksgiving unto god , for restoring the secluded members of parliament to the house of commons : ( and for preserving the city ) as a door of hope thereby opened to the fulness and freedom of future parliaments : the most probable means under god for healing the hurts , and recovering the health of these three brittish kingdomes . by john gauden , d.d. ezek. . , . thus saith the lord , remove the diadem , and take off the crown : this shall not be the same , exalt him that is low , and abase him that is high . i will overturn , overturn , overturn it , and it shall be no more , untill be come whose it is , and i will give it him . restat ut 〈…〉 ciores pluribus ce 〈…〉 : hoc uno ●ta●t popularia imperia , abter cas●●ra . h. gro. hist. bar. . . pag. ● . london , printed for andrew crook , at the green dragon in pauls church-yard , . aleyn major . a common council holden the . of february . ordered that the thanks of this court be given to dr. gauden , who preached yesterday before them at st. pauls church . and that he from this court be desired to print his sermon . sadler . to the right honourable thomas aleyn lord mayor of the city of london . the court of aldermen and common-counsel . as by your desire i was induced to preach the following sermon ; so by your order in common council i was requested to print what i preached ; i have obeyed you in both , and supererogated in the later : adding something prepared , but omitted for want of time , and a respect due to your expectation of a second and better course ●n that festival . this i have done not only as compliant with your christian commands , but as solicitous to conform all my endeavours to the publick good of your city , and our common countrey . in wch . a great part of the church of christ , and many precious souls , as well as mens bodies , lives , liberties , honours and estates are embarqued : all which have for our sins been long engaged in a tempest of war and sea of blood ; nor have they been able to make any fair port or happy haven these many years , since they lost their pilots and compass , their kings and parliaments , by the various euroclydons of mens passions , lusts and interests ; which have tossed them to and fro with every wind ; & made great waste of all that is precious for religion , justice and honour , besides estates and lives of men in the three kingdomes ; threatning all either with speedy and utter shipwrack by forreign invasion , or an everlasting storm by domestick confusions ; untill the unexpected and undescerned providence of god began to open to your and the countryes prayers some door of hope , by the prudent , valiant and succesfull conduct of the present lord general monck : from whom all good men expect all good things : nor can he deceive them without deceiving and destroying himself and his countrie . your gratitude to god for this seasonable dawning of mercy ( which seems to bespeak a great calm ) occasion'd your solemn convention that day ; and my preaching to you . in which work you cannot wonder if i endeavoured to shew my self a work-man that needed not to be afraid or ashamed ; being very sensible with you of the great , many and long hurts of the daughter of my people , both in church and state : i then declared them to you : i deplored them with you ; i proposed the methods of cure to you , as fully as the time would permit ; and as freely as became my duty to my god and my conscience . as i would not injure any man , or fester the times : so i abhor to flatter them , which is the greatest injury a preacher can do to church and state . some i hear were offended ( the fate of christs , of john baptists , and of saint pauls preaching ) at the plain dealing i used ( which possibly was from their own rawness and soreness , more then from my roughness or sharpness ) as i aim to do things faithfully & seasonably , so decently and discreetly : nor do i think i am to learn those censorious catos how to preach , any more than they will learn of me how to buy and sell ; or how to fight and war . no man may wonder if i dare to reprove those sins which some dare to do , or approve , but dare not hear of , or repent . the parrhesie or freedom of my speech as a man , a christian , and a preacher was such , as became my feeling of the publick miseries ; my desire of the publick tranquility , and my sense of that fidelity i ow to god , to my countrey , to you , and to my own soul . thest are not times to palliate and speak smooth or soft things : never age had fouler humours or prouder tumours ; more felt and more painfull ; more hard , and less mollified ; these i would help to cure , that so we might recover publick health , together with out wits , and reason ; our laws and religion , our good conscience and government : our peace and unanimity : all which we have lost , since we lost our heads in church and state . our full and free parliaments , consisting of king , lords and commons ; in which the soule and life , the honour and happiness of these nations are bound up . and no part of it is more concerned then your famous sometime flourishing , and still populous city ; in whose happiness the whole nation will be happy , and in its misery all must be miserable . since london is not only as a ponderous byas to the great bowl , ( which draws all parts towards it ) but it is as the mistresse , lady or queen , to which every village , city and countrey of the nation ( as officious hand-maids ) study to present all manner of costly comlyness ; not only feminine , as the superfluity of peace and plenty ; but also masculine ; for london is ( like pallas furnished as with men of counsel and conduct ; so with treasure and strength , with all sorts of armes and aminition ; being camera imperii britanici , the metropolis of the brittish empire , a vast magazine of men & money , a nursery of all arts , mechanick , ingenuous and military : a great entertainer of learning ; and a noble encourager of religion , wanting nothing to make it self and the nation happy , if it have such heroick minds and honest hearts , as become so rich , so great , and so christian a city . 't is true , like pl●thorick bodies , great care must be had how ill humours , yea and good ones too , are put into motion ; since the first cannot well be long kept in , nor may the second be purged out : the first threatning dangerous inflamations ; the second no less dangerous eva●uations . here prudence , order , moderation , conscience and unanimity are required ; besides zeal and courage , in order to recover your and our former health in church and state ; which was made up of an admirable temper & constitution ; untill sins , tumults , violence , and warre , cast us into these feavers , convulsions and confusions , with which we have wrestled for many years . indeed your city ows some reparation ( and now payes it ) to the whole nation : not only for the advantages it hath from all parts ; but for the disadvantages which all have suffered : not from the ill intentions , but from some tumultuating dispositions , which ( as porpusses ) were pregnant in your sea of people , when our troubles first began . i hope god hath prepared blessings for you , and by you for the whole nation ; by opening your eyes , humbling your hearts , disposing your minds , and exciting your spirits to thoughts of justice and piety ; of repentance , restitution and peace : we have had wounds and hurts enough ; slight healings , and strong delusions too many . it is high time ( if it be gods time ) to speak comfortably to zion , to tell her , her warfare is accomplished ; to pour in the balm of gilead by sober and equanimious counsels ; to bind up by orderly & just power , what hath been long broken ; to make up the grand defects in our government , and to lay foundations of future peace and happiness in righteousness and truth : that the enemies of our reformed religion , and this renowned nation , may not rejoyce in our continued miseries , and say , so would we have it . i have sought to do my duty : if some think i have overdone it ; i must crave your patrociny to assert that , which by your acceptance seemed to be your sense , as well as mine ; and is , as i hope , the sense of all honest and judicious men : for men that are fanciful & fanatick , we need them not , to make us happy : i am sure they have made a shift to make us very miserable . and if god had not in mercy set bounds to the rage of that sea , and the madness of that people , they would have made your city an heap of ashes , and our countrey a field of blood ; it will be your wisdom , honour and happiness to keep in the bounds of just , moderate , religious and sober counsels ; to aim at legal , honest and tried wayes of settlement : to chuse and use such physicians as you find most able and faithfull ; so will health and salvation break forth upon you , and the three nations , which is the earnest prayer of your humble servant in christ , j. gauden . books written by dr. gauden , and sold by andrew crook at the green-dragon in pauls church-yard . . hieraspistes , a defence for the ministry and ministers of the church of england . . three sermons preached on publick occasions . . funerals made cordials , in a sermon preached at the interment of the corpse of robert rich , heir apparent to the earldom of warwick . . a sermon preached at the funeral of dr. ralph brounrig bishop of excester ( decemb. . . ) with an account of his life and death . . a petitionary remonstrance in the behalf of many thousand ministers and scholers . a sermon preached before the lord mayor , aldermen , &c. of london . ier. . . for they have healed the hurt of the daughter of my people slightly , saying , peace , peace , when there is no peace . being called to this publick service by the piety and civility of this great city ( right honorable and worthy auditors ) i could not well tell how to avoid it , because it seemed so good a work ; nor yet ( upon so short warning ) how to accept of it , being so great a work , if either i regard the importance of the occasion , which looks like a door of hope opened to the healing of these nations , and composing of their sad distractions , by the counsels of a full and free parliament , and by the assistance of regular and orderly power . § . or if i consider ( as i ought in prudence ) the difficulty and danger of touching , though in order to heal the old sor●s and sistulating ulcers of this church and state , which are now ( vetustesceutia mala , & annosi morbi ) inveterate dolors , obstinate evils and pertinacious maladies ; not onely impatient to be touched freely , and searched throughly , but are prone to plead as the divels in the gospel ( who had possessed the poor man now a long time ) against all health and recovery . many men like canters and lazars are in love with their wounds and ulcers , getting their living more easily by keeping their sores open , raw and running , than if they should quite heal them up . § . i am further conscious not only to the touchiness of the times , and the tenderness of many mens minds , who are onely for lenitives and oyles , for soft , smooth and supple applications , even to their most desperate hurts ; but also that my own native parrhesia , or freedom of speaking , which is both customary and consciencious ; not that i affect unseasonable severities of speech , and such rudeness under the pretence of freedom , as rather exasperates the wound , and inflames the humor , than purgeth , allays , or easeth them . § . but i profess to chuse not to preach at all , rather than to preach timorously or precariously ( ut lugdunensem rhetor dicturus ad aram ) as if i should ask men leave to be honest , or were afraid to speak the word of god to them . § . when i am called to speak in gods name , i must be parrhesiastes as well as ecclessiastes ; i am to do it as a workman that needs not to be ashamed , either for his ignorance , or cowardise , or indiscretion ; whether men will hear , or forbear , the whole counsel of god must be delivered in its season , so as becomes the words of soberness and truth , for the church or pulpit must not be a sanctuary for insolency , or a burrow or a retreat for rudeness : no , however men may become our enemies for speaking the truth , yet it is better so than to have god our enemy for smothering it , when it is just and seasonable ; and such it is when necessary and soveraign to heal the hurt of a church and state . § . it hath been my fate frequently to offend some men , when i have been most intent to serve them , by texts and sermons , which i thought most apt , useful and innocent . when i preached at the court anno. . upon that heb. . . follow peace with all men , and holiness , without which no man shall see god : when before the long parliament , at its first convening , upon zach. . . therefore love the truth and peace : when at another great and epidemick assembly , upon cor. . . for the wisdom of this world is foolishness with god : of all three , though wholsom and innocent texts , and ( i hope ) accordingly handled , yet i heard some unpleasing ecchoes and reflexions ; the sore and itching ears of some men in all ages are such , that they will not endure ( {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} ) healing or sound and wholesome doctrine , though the pain riseth from the soreness and inflamation in themselves , and not from the plaister or hand which honestly applies it ; yet they are prone as in fell boles , and acute tumors , when touched , though but gently , to fly upon those that are next them , and cry ●loud o you hurt me , when the hurt is within and from themselves . § . sound parts will endure free and rough healing ; such as are unsound , do most want it ; and therefore if we will be faithful to god , to our own souls , and to our hearers , we must not flatter their sores to their ruine ; but rather chuse to heal them , though at present we be thought to hurt them ; nor shall our labor of love be in vain either in the lord , or before good men ; who at length will find by experience , that the wounds of a friend ( which let out the putrified matter of painfull tumors ) are better than the kisses of an enemy , which do ( insides cicatricibus cuticulam obducere ) skin over with unfaithful scars , the ill searched and ill purged vnlcers of mens hearts and lives , saying peace , peace , all is , all will , all must be well in church and state , when ( bona fide , or mala & misera experientia ) in true , but sad trial and sence of things , there is no peace , inward , or outward , to him that goes out , or him that comes in ; no peace religious or politick , civil or ecclessiastial , foraign or domestick , either to the estates , liberties , laws , honors or lives of men ; nor yet to their opinions , doctrines , devotions and consciences , in any rank or degree ; but as the prophet isaiah complains , the whole head ( if we have any head ) i● sick , and the whole heart is faint ; from the sole of the foot to the crown of the head , there is no soundness in it , but wounds and bruises and pu●rifying sores ; they have not been closed , nor bound up , nor mollified with ointments . § . yet there are that have cryed amain peace , peace ; men that are either so merry or so mad in our common calamities , as to command us to call our sicknesses health ; our wounds salves ; our slavery , liberty ; our divisions , union ; our deformities reformings ; our unset●ledness , settling ; our sands and quag●●i●es , rockie foundations ; our wars , peace , our oppressions , ease ; our commonwo , a common-weal . the prophet seems thus to complain , that either physitians of no value ( {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} ) many and unskilful empiricks have unfaithfully tampered with us , and ( dum vulnera publica in lucra privata vertunt ) while they make private gain by our publique pains ; they have turned ( ipsa remedia in morbos ) our very remedies to new diseases , and have kept us long uncured , under pretence of cure ; or else we are by the venome of our own inbred and malignant humors , become incurable ; as ( immedieabile vulnus , ense recidendum ) a gangreen only fit for the saw and sword : and such indeed do our proud and dead flesh ( or proud minds and dead hearts rather ) portend our case to be , whilst so many tough obstructions , so many high inflammations , such new tumors and cruel biles daily arise of various interests ; such a constant fall of ill humours , sharp and undigested , not onely upon the outward and grosser or more mechanick parts of of the body politick , but also upon the most vital and noble , the head and heart ; where the counsel and courage , the strength and wisdom , the best blood and spirits of the nation are or ought to be contained and exserted to the publick welfare . although , as the woman in the gospel , we have spent all , or most , or much of our substance on physitians , and their attending chyrurgeons , on counsellors and soldiers , yet we do not find our selves any whit the better ; still we are scared and threatned by our sins , which are gods discontents ; and our utsettlednesses ( which are the nations discontent and sufferings ) with daily breakings out and angry tumors , with new purgings and loathsome potions , with lancings and blood-lettings , with cutting off and cauterisings , which will not heal , restore , close and redintigrate the body , but maime and defame , and cripple it for ever . § . to prevent which successive miseries ( or the like ) from the daughter of my people here in england ( as much as in me lies ) i have sought to improve the sanctity and solemnity of this occasion , this thankful and hopeful opportunity of future mercies , be presenting you with my meditations on this text ; because it is not onely ( querela defallacia medieorum , & medelae mendacio ) a just complaint of the falsity of physitians , and inefficacy of the past applications , which some medicasters had with great vapour and confidence applied , as bold mountebaks are wont to do , when they wound their slaves to shew their skill in healing them . § . but farther , the text is monitio de vera medendi methodo ) a dirction for the right method and an honest way of curing an afflicted nation ; it doth not only deplore the publique maladies , but denotes their right remedies , which may easily be known , and followed , if the healers were but honest ; for the hurts are not so fatal , necessary and unavoidable , that men should despaire , and sink under them , saying , there is no hope , it is in vaine to wait on the lord any longer ; god hath condemned and decreed us , as poor diseased , and desperate creatures , to lie always in the hospital under sores and pains , expecting no cure but that of death , and utter dissolution ; if it were so , god would not here and elsewhere greivously reproach and perstring those cheating undertakers , those false ▪ quacksalvers , these wanton and cruel leeches ; who did not want , skill , and knowledg , of what would heal church and state , in law and government , in true religion and justice , in mercy and humility , which are the best balsoms of both , and clearly revealed to them by the lord ; but they wanted honesty and fidelity ; therefore god pleads against them ; is there no balme in gilead ? is there no physitian ? &c. why then is not the hurt of the daughter of my people re●overed ? the question ( is there no balm ? ) is a ve●ement affirmation , a satyrick 〈◊〉 ; there are ways and means ( parabiles & ad manum ) sufficient , easy , apt , obvious and at hand to cure the wounds , or bruises , or tumors , or hurts of any nation ; if men did not either wilfully shut their eyes against them , and refuse to use them , or if god had not for their hypocrisie , fraud & baseness , justly blinded their eyes , and hid from them the things belonging to their own and the nations peace , by leaving them to the mists and clouds of their own partial , covetous and ambitious lusts ; then ( indeed ) nothing is to be expected , but dayly ( recrudescentia ulcera ) relapses and recruitings of our wounds , until god gives us physitians of better eyes and hearts , that may both wisely discern our maladies , and both speedily and faithfully incounter them with seasonable and fit remedies . § . to which posture of providence we are prone to hope that we are this day restored by the valour , honour and integrity of those who now have the conduct of power and counsel ; i pray god we may have cause ( seri● gaudere ) to rejoyce long and in good earnest ; for every days delay of our oure is a chargeable , uncharitable , and painful delusion to the nation , threatning such a consumption of spirits , and such debilitation of the nations strength and estate ( besides the debasing of its honor and reputation ) as must necessarily ( at kast ) betray us with our posterity , with our estates , laws , liberties and lives , yea and with our reformed religion ( which ought to be dearer to us , as it was to our forefathers , than our live● and estates ) to that f●raign invasion , and romish superstition , which is the ( {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} ) the great design of the jesuitick agitation , whereto are subservient all the fanatick factions of those who are such enemies to the just and legal closing , or composing of our hurts in church and state . § . it will be found true by us at last ( as well as hitherto some others have felt it to their smart ) that a commonwealth as well as kingdom divided against it self cannot long stand ; et sero medicina paratur , cum mala per longas invaluere moras ; in vain shall we at last cry out , how have we been deluded ? how have we despised counsel , and neglected such plain and safe remedies , as would have cured us long ago ? there want not birds of prey ( eagles , ravens and vultures ) that wait for the feebleness and fall of this church and state ; that they may pick out its eyes of religion and learning , of law and justice , the universities and inns of court , that the life and soul of christian and humane societies , equity and charity , reason and true religion being departed , the ( cadavarosa patria & ecclesia ) carkass of our church and country may be their spoil and booty , which god of his mercy forbid . § . in the text there are six things to be enquired . . persona laesa , icta , afflicta , the patient or afflicted ; whom the prophet , yea god himself deplores and owns ; she is called the daughter of my people . . plaga or laesio ; the grief or malady , her hurt or lesure . . ficta medela , or insana sanatio , the pretended cure or verbal healing ; they have healed , with saying peace , peace , slightly and superficially . . {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , or mendacium ; the fallacy and cheat , when there is no peace . . medicorum turba ; the physitians or empericks ; they , great statists , grave polititians , formal pretenders to do great feats , and miraculous cures in church and state , when really they are no other than imperious hypocrites , magniloquent montebanks , cruel and covetous , confident and careless boasters of their skill ; but no way effecters of a real cure . . vera medendi methodus ; the true way of curing a diseased nation a distressed country , a sick and languishing church , which is implied and supposed to be first , as evident in it self . secondly , as easie and as feasible by these pretenders , if honest . thirdly , as it necessary , apt and seasonable for the poor patient ; hence the great blame and reproach imputed to these tamperers or medicasters ; they , to their sin and shame ; they with their pride and pollicy ; thy with their cunning and cruelty ; they , more for want of honesty than ability , have thus superficially skinned over , and perfunctorily healed the hurt of the daughter of my people ; saying , &c. § . of these i intend by gods blessings to speak , not as a ruler or magistrate , nor as a statist and politian , nor as a soldier and commander , nor as a citizen and trader , but as a preacher or minister of god to his church : and since we are excluded beyond all men in the nation , from being chosen to meet or advise in any other ways of publick counsels , civil or ecclesiastical ; you may not think much if as men and christians , no less than divines , we use the freedom of this place to acquaint you with the sence and sympathy of our souls ; yea of gods spirit , in and by the prophet ; when he was not a spectator only , but a joynt suffer ( as we ministers have been more than any order of men ) in the common hurts and miseries of church and state . . i begin with the patient , who is called here both by god and the prophet , the daughter of my people , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , that is gens mea , or populus meus . first , in relation to god , the people that i have bred up with so much care and tenderness ; the nation that hath been to me as a son or daughter ; the vine that i have planted , watered and fenced for my self ; that polity of church and state to which i was lawgiver , the chief counsellor and constitutor , the supream head and governor ; the captain , shepherd and bishop ; their great king and protector : my peculiar people , whom had preferred beyond all nations , as a theocracy or holy monarchy , or royal priesthood ; this is the patient with whose hurts , sores , bruises , wounds and sorrows , these practicants have most impudently padled , and cruelly pleased themselves , in turning publique miseries of church and state to their private advantages . . in relation to the prophet ; the daughter of my people , which are of the same linage and derivation ; of the same father and family ; of the nearest blood , both by parentage and alliance ; with whom i have the same laws and ●ivil immunities ; also the same religion and sacred communion ; natural , civil , ecclesiastical kindred endears me to them ; they are as flesh of my flesh and bone of my bone ; yea we are , or ought to be of the same spirit and soul , as having the same god and saviour , the same holy duties or solemnities , to engage us in love and dearness as well as nearness to each other , so as the publick and common good should be the supream good of every particular : we cannot be happy or miserable alone ; as members in one body , all our enjoyments are social , and all our sufferings are sympathetick ; this is the daughter of my people , for whom i am so concerned and afflicted , that i preach and pray , i write and weep , i wake and dream , lamentations and tears for her a man , as a citizen , as a true israelite , or jew , as a christian , as a protestant or reformed professor . this tittle of the daughter of my people , is so frequent in scripture , that it seems to importune the reader to consider the importance of it ; isa. . . and . . jer. . . and . . and . , . lam. . . zach. . . so daughter of sion , and of jerusalem , or the like expressions . first , to shew , not so much the fruitfulness of a nation , whom god so blesseth , that they increase and multiply , as that softer and procreative or mother sex doth , to great numbers , which are as the off-sets or fruit of a pregnant womb ; as the people of god are sometimes called his first born , and his sons , in respect of that masculine vigor and valor which was among them while god with them ; so the daughter of his people , as apt to bring forth . secondly , but further to express the tender care , and fatherly indulgence that god hath toward such a people as are called by his name , who have had the special signets and bracelets , the jewels and ornaments of his favor , the glory of his ordinances and presence among them : god himself is afflicted in her afflictions ; such as torment her torment him ; he feels her wounds , and faints as it were to see her blood prodigally shed as water on the ground , either by open enemies , or fallacious physitians , and cruel phlebotomists ; who under pretence of healing the hurts they have made , or festred , venomed and inflamed ) do cut , and lance , and sear , and lop , and purge , and let blood , to such evacuation , and superfluity , as quite exhaust the best and vital spirits of a nation ; bringing it to fainting fits and con●ulsions , to weakness and consumption . as a father would be affected to see his tender daughter thus used and abused ( which cannot endure pains like the hardier and rougher sex of sons ) so is god and so is his prophet ; and so is every good man and woman to the church and countrey whereto they are so nearly related . § . god is so concerned and touched to the quick , that his bowels are turned within him ; he deplores himself as if he were a miserable god , while his people , his sons and daughters are miserable , either by their sins or sufferings ; god hath his sympathies with them , his reputings toward them , his returns with tears and kisses for them , as a compassionate and good natured parent hath toward his daughter when he hath been forced to use her hardly ; and hath in his anger either wounded , or bruised , and hurt her . § . the kindnesses that in mankind are humane affections , in god are divine perfections : none can be so good natured , so {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , as the good god is ; if we were not cruel to him and our own souls , he could never be other than most kind to us ; for he doth not afflict us willingly ; we compel him to be froward by our frowardness , and to break upon us by rebelling against him ; we bruise our selves by dashing against that rock which would be our refuge and shelter ; we wound our selves by running upon that sword which would only be our defence : god never ceaseth to be our father , till we cease to behave our selves as his children . § . from the blessed god , the best men learn and derive this tender love , care compassion and indulgence towards the daughter of their people , both in civil and sacred relations ; the concernments or interests of both are great endearments to gracious souls : hence as other prophets so specially jeremiah , becomes a man of sorrows ; his eyes run down night and day with rivers of tears , nor can he be comforted while sion is afflicted ; though he be wel-nigh drowned in his own tears , yet he wisheth , jer. . . o that my head were a fountain of tears . his bowels , his bowels are pained within him ( by that coarctation or compression , which great grief , fear and horror makes upon ( by the retirings of spirit and blood ) the lactes and smaller bowels , which are near the heart ; ) he is weary of life , which doth but daily torment him with so many sad spectacles , such dreadful diurnals , such unwelcome news , of breach upon breach ; such a dying and self-destroying church and state ; all things growing worse and worse and no remedy : still the alarm of war , and sound of the trumpet : the church and state physitians are wholly for corrosives and no lenitives ; for fraud and force , not for reason and law ; they pretend necessity , and pursue providences till they are in wilderness of woe and confusion ; far from peace , health , salvation and establishment ; which are the effects and fruits only of righteousness and justice , of reason and religion . hence the prophet with vehemency demands , and demanding he deplores , and deploring he reproacheth the folly and defect , the stupidity and cruelty of those in power ; is there no balm in gilead ? is there no physitian ? why then is not the health of the daughter of my people recovered . the best of the heathens had very quick stroaks upon their heart strings , by the love and care they had of their countries ; they thought it ( dulce & decorum pro patria mori ) most worthy of a good man not onely to live , but also to die for his countries safety and honor . § . it argues mindes without natural affection not to have compassion for their country , and more for their church ; they must be cyclopick monsters of brutish barbarity , who can like cannibals feed on the flesh and drink the blood of their country and neighbors , of their kindred , of their parents and of their children ; yea of their very daughters , who have a priviledge and plea from their sex for greatest tenderness . § . the daughter of our people in respect of our posterity and descendents from us , whom we leave to succeed after us , in our lands , houses , and estates ; is also our mother and parent , communis parens , if we look backward , as we are derived from our forefathers ; patria est & mater & silia ; our country is our parent or mother , also our childe or daughter , in different aspects , and so requires different respects : first , of reverence , as to our majores , progenitores ) father or mother , that begat and bare us . secondly , of indulgence , as to our daughter or posteri , which derive from us : in both , that love and kindness is expected , and by the law of nature ( which is gods law ) so commanded ; that they sin highly who are so cruel , as either to sacrifice their sons and daughters , or their fathers and mothers , their church and country , root and branch to the fires and flames of civil wars and dissentions , begun and continued by their sinful cruelty , and tyrannous hypocrisie . § . can a mother forget her childe , or a father cast off his son , or sheath his sword in the bowels of his daughter , without the just imputation of madniss and inhumanity ? judge then , what men , yea what sea-monsters they are , that can be studiously , designedly and industriously cruel to that country wherein they were bred ; and to that church in which they were baptized , to deform the beauty and destroy the blessings of peace , plenty , order , good government ; and true religion left them by their progenitors , and to leave to posterity nothing but poverty and pain , terrors and wars , blood and confusion , hypocrisie and cruelty , fanatick fury and military insolency ; nothing but either oppression or anarchy ; either the crys of the oppressors threatning , pillaging and exacting as grievous tax-masters , or of the oppressed , mourning and deploring their sad condition in vain , while either the cords of unrighteous decrees do binde a nation captive to the lusts of unreasonable and merciless men , as to the rack and torture , or such daily executions of violence , exasperation and rigor , as fills the land with discontent , blood and tumult ; the daughter of his people , daily appearing as the slain wallowing in their own blood ; and her voyce is as the groans of a deadly wounded and dying man . fourthly and lastly , this denomination or title of the daughter of my people , imports , as the happy estate of any nation , that is thus under gods eye and tender care ; also under the protection , or guardianship of wise governors , of just and lawful magistrates , who carry themselves as nursing-fathers and nursing-mothers to church and state ; yea as kind husbands , and indulgent spouses to their beloved brides or wives : so it shews how sad , desolate and helpless , yea how dangerous and exposed to miseries , both of dishonour and death , and all manner of hurts , incident to any church and state , the condition of any people is , that is not under gods care , or is deprived by their sin and madness , of good governors , of lawful magistrates , of able ministers , and pastors ; such a nation or church is as a poor , weak , helpless daughter , that is an orphan or fatherless , without any friend , father or husband to defend and take care of her ; she becomes as a forsaken virgin , subject to all those insolencies and indignities , to which her own weakness ; and the power of others lusts may expose her ; nor can she have any safety , health , honor security , or handsom subsistance and defence untill she be restored to the care and protection of those who under god deserve to be , and by law are patres patriae , the true fathers of the daughter of their people ; all others that usurp on a nation are , as unjust , so hard fathers , fathers in law , because without and against law , having neither the law of god nor man for their usurped authority , nor the law of love and tenderness in their stony hearts ; but as physitians ( who unsent for , obtrude their visits and practice , more for their fee and gains than for any love to their patients welfare ) are most welcome when the patient is soonest rid of them , whose project is rather to protract and perpetuate their patients afflictions , than to cover them ; nor are they afraid of killling them , further than their gain may dye with them , and their pragmatick humor have less mischief to do . § . but i have done with the first particular , the import of this stile , and compellation , the daughter of my people ; thus god , and thus the prophet , thus all good men , and all good christians are wonted to speak , and think , and act , to love , to pitty , and to pray for their country , both-church and state . what i beseech you must they be , who wound her with the wounds of an enimy , and smite her with the strokes of a cruel one , as if all their policy , and power , served to no other use , but to execute animosities , and exercise antipathies , against their country , to eat out ( as the generation of vipers are vulgarly said do ) the bowels of their mother , who pray not for the peace of jerusalem , but seek to make a prey of her , both in peace and war , in things sacred and civil , condemning her to everlasting enmities , wars , divisions , confusions , taxes and exactions , which cannot be removed , till health is restored ; nor can this be , till the great wounds and wide breaches made and continued , yea enlarged by some , are closed and drawn together ; till there be a ( redintegratio continui , et reparatio disjuncti , ) restitution of all noble parts that are necessary for the publique integrality and unity ; its order and beauty , its honour and safety ; which what they are , and how to be done , i leave it to wise , honest and impartial men , who have counsel to guide their power , and power to executeor put in practice their good and healing counsels , in spight of all the leeches and empiricks , that would hinder publique health , that they might from the open orifices of their bleeding country , suck more advantages for themselves and their parties to the ruine of the whole . secondly , having visited the patient , and finding it to be our near relation , as a sister , or daughter , or mother , even our country and church ; it is time for us to consider its hurt or affliction , to see what it ails ; what that plaga , or vulnus , or laesio , or morbus is , wherewith it is so pained that it cannot rest night nor day : our work is not onely to behold her a far off with silence and stupor ( as jobs friends ) in her grief and anguish , but either apply suitable remedies , or at least such prayers and words of comfort ( {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} to her heart ) as may show our pitty and compassion , which is some relief to those that are in bitterness of soul . the hebrew word {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} ( whence our english shiver may well be derived ) is rendred by the lxx . {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , and by the latin contritio , which properly imports some injury or hurt inflicted ( ab extra ) from an outward aget , by violence , so as to wound or bruise , or batter , or break , or tear ; any thing that causeth ( solutionem continui ) separation or dissipation of parts which should be united , and in whose right union is ease , as in their dissolution or dislocation is pain . § . but the latitude of the word may well extent to the larger scope and intent of the place and complaint ; which is not onely upon the account of outward force and violent impression , made upon church and state , against all reason , justice and religion ; but as in bodies natural , so in these politique ( both civil and ecclestastical ) there are many kinds of hurts or maladis incident to them , both from within and from without . § . there are besides ( v●lnera ) or flesh wounds , and ( ulcera ) . which are inveterate sores ; and ( gangrenae ) gangreens which are deadly ; if not speedily cured or cut off , their are pustuli , venemous tumors , or angry biles , which arise from some putid or corrupt humors in the body , also running issues and sistulas , which are most at ease when they have some vent , and most dangerous , when suddenly and indisretly stopped ; these are hurts too , and very grievous ones , when times are such , by the discontent of mens minds , by the dissolution of their licentious manners , by weakning the authoritie of laws , and overturning the course of government in church and state , ( ut nec morbos , necremedia ferre possint ; ) that either the pertinacy of customary disorders and prevalent mischiefs , or the petulancy of people overgrown with epidemical and tolerated diseases , will not endure fit remedies , yet are undone if they linger under their distempers uncured . § . sometimes a body grows plethorick , and is hurt by its excess of humors , crude and indigested , which are prone to gather together and fall on any weak disaffected part ; there to ferment and inflame , to high feavors and verry great anguish of the whole ; so is it in a nation when either over-peopled to an indigence and idleness , through want of work ; or when grown luxuriant by long peace and plenty , which runs to sottery in many , and at last to the armed man poverty ; whose free quarter pressing on people provokes them to discontents , and so to design publiqe troubles ( quia multis utile bellum ) because they have nothing left them but their carkasses , and their swords ; dig they cannot , to beg they are ashamed , fighting is their only fortune . § . other while a nation may be too much exhausted by war , by exactions and oppressions , by decay and want of trade , so as it becomes consumptive , weak and languishing , either the ( humidum radicale ) native moisture , oyl and balm of competency is wasted for want of encouraged industry and commerce ; or the calor nuturalis , the spirits activity , and generosity of a people are ( as the moderne egiptians , ) quite extinct ; being either sottishly idle , or so cowed and over-awed , that they are crestfallen , and below any gallant actions and designs ; living more like slaves under hard masters , than like the sons and daughters of a fatherly prince , or a free and legal polity ; much as poor hospital wretches , who are condemned to live aways under the hands of physitians , and chyrurgeons , kept down by janisaries , and daily terrified with either taxes , or instruments of pain , or menaces of death . certainly , as qui medicae , so qui militariter vivit , misere vivit . it is a kiling and dying life , to live always under the chyrurgeons lance , or the souldiers sword . § . the hurts of a nation may be distinguished into those that either disaffect the body and outward man , by tyranny , injustice and oppression , contrary to the known laws , good constitutions and venerable customs of a people ( which are the native and self-healing balsom of those great bodies ) pressing upon the estates , propertys , liberties , limbs , lives and hourrs of mankind ; when either superiors , like the disaffected head , distil too sharp and corrosive humors upon inferior parts , or these send up ( by a kind of circulation , or exhaltation ) pestilent fumes and vapors of mutiny and rebellion against their heads and superiors , jealous of , and envying each others welfare , also withdrawing that natural assistance from each other , which is indeed the support and health of the whole . § . these hurts are very dangerous , and ought to be speedily composed to such an harmony as is a tolerable state of health , by adjusting every one their rights assigned to them by that law , which so takes care and provides for the publick order , beauty , and welfare of all , that it permits no one private interest , like a wen or leech , or incubus to oppress , drein and destroy anothers , for as in nature so in states , the whole cannot be well at ease , if one part be grievously pained or pierced . § . there are sometimes horrible rapes committed upon the daughter of my people , while vile and violent men ( sons of belial ) to satisfie their own inordinate lusts of revenge , covetousness , pride or ambition , apply by force or fraud , or both , to obtain that power and place , that favor and preferment in the publick , which they dispair to get in fair and honest ways of worthy industry and merit . these are like the incestuou● ravishers of their own sisters , or daughters , or mothers ; men that have much of cateline in them ; nothing of the true christian ; nor are they to be envied , if they prosper for a time in their wicked devices and endeavours , since this is all the shadow of greatness they shall ever enjoy ; while for a moments glory among a company of poor mortals they venture eternal debasement among the devils ; where such great sinners shall be greatly tormented ; nor will their prosperity procure their impunity ; though they dye in peace , yet they descend to an eternall war , which is ( {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} ) never to be ended by peace or truce , nor yet by annihilation or extinction . § . there are als●grievous hurts , which may befall a nation as to its very soul and better spirits , that is , its intellectuall powers and excellencies of religion and learning , of rationall and ingenuous improvements , most worthy of men , of gentlemen , and christians . these hurts are when true religion , which is founded on gods word , confirmed by the testimony of the church of god in all ages , fortified by good laws ; regulated by good discipline or government , and supported by honourable encouragements ; when this is either corrupted in its soundness of doctrine , or overgrown ( as the head with a scald ) by superstition , or broken by faction , or bafled by vulgar insolency , or persecuted by misguided zeal , or oppressed by inordinate power , or robbed of its just maintenance , or discomposed in its due order and government , or despised in its best preachers and professors , or run out to the itch and s●ratch ( the scabies & pruritus disputandi , as sir henry watton calls it ) of disputing and jangling , which breeds uncharitable and empty formalities ; tending and ending in prophaness and atheism , extinguishing truth and love , sound faith , and sincere charity , which are as the oyle and flame of the lamp of religion in any church and heart ; these are most dangerous distempers , and hardly to be cured or recovered , unless such speedy cordials and antidotes be applied by wise magistrates , sober ministers , and sincere christian people , as may recollect , refocillate and restore the power of godliness , and spirits of true religion , by dissipating and expelling those noxious and pestilent oppressions , with which either princes , or peers , or people , or preachers have pressed upon true religion , by covetousnesse , or ambition , or sacriledge , or schism , or popularity , or love of novelty , or sedition , to the great disgrace of true religion , and the best ministers of it , both fathers and sons . § . it is observed by guildas and others , who give account of our english subversions by s●xons and danes ( when we were christian and civilized , but they heathens and barbarous ) that nothing more presaged the deluge of those miseries , which followed such invasions , than the great contempt and oppression to which the clergie and religious orders were brought ; partly it may be by their own sloth and luxury ; but chiefly by the prophane insolency of all sorts of people ; who were content to have all religious cords broke asunder , that they might enjoy the full sway of their licentious humors . § . again when good learning ( which is a most officious , useful and comely handmaid to religion ) when humane arts and sciences ( which are beams or structures of divine wisdom ) when studies of good laws , and due administration of justice accordingly , ( which are the vital spirits of a nation ) when these are villified and outraged by the vilest people , by jack-straws and wat-tilers , whose ignorance makes them enemies to knowledge , as darknesse is to light ( being like mastiffs , the feircer for those dark kennels in which they are bred and kept up . ) when this ill kind of men cry down ( like the ephesine rabble ) with dust and clamor , more then any shew of reason , all scoholes of learning and universities , that they may run after false prophets and dreamers , whose simplicity is so impudent to pretend inspirations and new lights , to so eagle-eyed and quick sighted a people as the english are , till their delusions and folly are manifested . § . these are as rough satyrs , a kind of robust wilde men , who trust more either to their limbs and sinews , or to their wit and cunning , than to their consciences , or our laws for the getting of their living ; aiming to live more like beasts by rapine , then like civil men and good christians , by honest labour and ingenuous industry . § . nor are they small hurts which the teeth of such foxes , and tuskes of such boars have given to any church or state , where they have for a while prevailed ; being much fitter for mahometan conversation than christian profession ; for there ( among turks ) only force or fury makes men considerable ; for they think that their princes and their mad-men are highly favoured and most familiar with god and his angels . § . these hurts on the mental spirits , or intellectuall powers of a nation , are more dangerous than those that are incident by grosser wounds of outward immortalities , which the physick or dicticks of good laws well executed , will easily keep from predominating ; but the hurts which fall on religion and learning , on the reason and conscience of a nation , are like frenetick distempers , long a growing , and long a going , like the wounds on the head , or cracks , as we say , of the brain , hardly ever throughly cured ; when heresie or schism , like a spirituall frenzy hath seised on any people ; as was evident in the manachies , novations , arians , donatists , nestorians , eutychians and others , of ancient and modern ages . § . there are further , plagae per peccatum , and propter peccatum ; hurts from sin , and for sin ; the first hurts are by our own evill meritings , as the self wounds of a drunkard ; the second by gods just inflictings upon malefactors ; for he will not always leave the publick sins of a nation , without visiting with sore and publike punishments . § . the first hurts are those from sins , when they grow great and masterly , boysterous and imperious , either countenanced in court , or indulged in city , or prevalent and neglected in countries ; when prophanenesse , and lying and swearing , and drunkennesse , and vncleannesse , and murthers or the like faedities come to pollute a great or a considerable part of a nation , so as men make a mock of sin , and glory in their shame ; when rebellion , perjury , innocent-blood-shed and sacriledge are drawn on ) like strait and pinching shooes at first ) with the shooing horne of religion and reformation , of publick necessity , thrift and good husbandry , with antipathies against idolatry , and abhorrencies of superstitions ; when prince is bad and people worse , and priest or prophet worst of all : when from the rulers or teachers of a nation , wickednesse as a plague of leprosie , is spread over all the land : when there is a loathing of the heavenly manna , a contempt of word and sacraments , an indifferency to all religion , as little reverence in a church at holy duties , as in a play-house , and fat less than in a shire-house ; these fiery darts of mens own wanton lusts and the devils temptations do wound very deep ; they at once pierce and sear , they hurt and stupifie , they make men past feeling at length , and only fit them for vengeance . § . the second hurts are propter peccatum ; those which the just and angry god in his sore judgements inflicts on a people now incorrigible in ordinary ways and ; most severely on those that are called by his name , and owned as the daughter of his people ; so the jews by various hurts and healings were objects of gods wrath and mercy , till they had filled up the measure of sin . see the eastern , asiatick , greek , egyptick and african churches ; how famous , how fruitfull , how flourishing , till wounded with sins , over-grown with gross heresies and schisins , noisom lusts , base opinions and bad actions : the sword of gods vengeance by the barbarous inundations of scythians , sacracens , turks , and other colluvies or scum of people at last so divided them , that they are at this day almost utterly destroyed . § . the arrows of presumptuous sins shot up against heaven , fall on the heads of the shooters to their own hurt ( as lamech speaks ) and as solomon tells us , wicked men sin against their own souls , and so against the peace , plenty , honor , health and welfare of their nation and posterity : sin ( as pliny says of quick-silver ) is ( venenum omnium ) the pest and poison of all things ; it urgeth god to be as a cruel one , it provokes till there be no mediation , intercession or remedy : when men proudly and impenitently treasure up sin , they treasure up withal wrath against the day of wrath , till judgement break in like the flood on the old world , or fall like fire from heaven without any to help , or the earth open and swallow men up quick , as korah and his complices . § . here god is in justice and honor concerned to arise , to bend his bow , to whet his sword , to be avenged on such a nation , which is grown wantonly wicked , which dares fight against god , yea and challenge him , whether he regard iniquity or no , whether he be not such an one as themselves ; the wounds which men inflict on the spirit , grace and glory of god , force him to wound them ; when there is no fear of god , no shame , or remorse , or repentance for sin ( ideo conterimur quia non conterimur ; ideo vulneramur quia non vulneramur , as st. bernard ) because our hearts are not broken , nor our spirits contrite with in us for sin , therefore the lord of hosts breaks in upon us , with one breach in the neck of another , with famine , plague , sickness , and death , with intestine war , divisions and endless distractions , till ephraim rise against manasseh , and manasseh against ephraim , and judah against both ; to eat as canibals one anothers flesh , and drink each others blood , and thereby break the arm or strength of the whole nation ; yea the very bones will be broken , as when one choppeth wood ; when the sinews are cut in sunder , all bonds of law and conscience , of reason and religion , of justice and charity , of unanimity and unity , are ( like sampsons wit hs ) snapped in peices . all these hurts mens own ways procure to them , so that god appears either as a stranger and waifering man , or an enemy , yea as a cruel one in his sore judgements , which like waves of the sea pursue one another . § . yet there was some mercy in this severity as to israel and judah a long time , while god cut them short only , but did not utterly forsake them , or cast them out of his sight : it may argue some hope , that a physician yet vouchsafes to mind and visit his patient , to apply any causticks or scarifyings , which by pain may bring to sense , and so to healing . but there are ( coeca & surda vulnera ) silent , and unseen , and at present unfelt , yet very sore hurts and deep wounds bleeding inwardly , which god may inflict , as upon a particular soul , so upon the spirit and genius of a whole nation , as to the generality of the people , by giving them over , by letting them alone ; why should they be ●mitten any more , being a rebellious , stif-necked and back-sliding people ! profound to revolt , bold apostates , falling from their duty to god and man , yet glorying as if they were delivered to do all this wickedness , by the test and approbation of providence , discovered as they fancy in the prosperity of their impiety for a season . § . whereas indeed as st. austin observes , severissim● p●nit deus , cum poenalis nutritur impunitas ; there need no greater punishment of a gangrene , than to let it alone , to leave it to it self ; this ( crudelis misericordia , ) severe mercy st. bernard passionately and wisely deprecates , ( po●iws u●e , seca , percute , domine , ne parcas , ut parcas , ) rather lance ( o lord ) and cut and burn , by a merciful cruelty , than so spare me by a cruel clemency , as to spoil and damn me for ever , saith the devout man . § . there are spirituall maladies , and miseries too , which give a people over to dementation , and astonishment , to blindnesse and madnesse , to seek after and trust in lying va●ities and desperate hypocrisies , to rest in the flatteries of successes , or the applauses of the vulgar , who think every one th●●●●ospe●s to be a god or a good angel ; and every one that is unfortunate to be a devil , or a great offendor , as the barbarians did st. paul when the viper seised on his hand , and he shaked it off unhurt . § . hence any idol of superstition , any meteor of enthusiasm , any glow-worm of sanatick fancy and fury serves the turn , and instead of gods candles and lampes of pure religion in well-ordered churches , as golden candlesticks . god takes away these burning and shining lights , and leaves a people to the sparks they have kindled , to be satisfied with their own delusions , to believe lyes , to rejoyce and glory in their evil and perverse wayes ; and when god hath taken away his peace and truth from them both in church and state , they will fall under grievous violences , oppressions , and exa●tions of men , whose mercies are cruel , and their healings further hurts , which shall make their very souls bow down to the ground , that proud men may passe over them ; when nothing but fury and sedition at home ; nothing but warre and invasion from abroad is in reason to be expected ; yet then some people will easily smile and fawn on their oppresso●s , they ( poor wretches ) being prone to believe ( as countrey-fellowes doe the mountebancks ) that all is well and whole which powerfull hands undertake to touch ; they will eccho peace , peace in church and state , and cry up a common-wealth , when indead it is a common ●●e , as to the grand interests of the nation , i● the best and noblest , yea , in the most of its parts and members , which can never be fully happy , unless they be of one heart and mind , of one law and religion as to the main . § . which leads me to the third particular , the medela or sanatio ; the seeming and pretended , yea professed and boasted healing of the nations hurts ; they have healed with saying , peace , peace , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} ; repetita , duplicata , firma & certa pax ; nothing but peace enjoyed , and peace to be expected , sayes zedekiah and hananiah the false prophets , who lied in the name of the lord . § . we may observe the cunning of those empinicks , those false physitians , who are of no value ; they use this sweet welcome word of peace to the people , which is a catholicon , comprehensive of all enjoyments ( for every want is a kind of waree ) when they cry peace , and repeat the crambe of peace , peace , and sing this song ( or {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} ) over and over again ; they hope , ( as demetrius and his fellow-craftsmen ) by crying great is diana of the ephesians , even to a raving and hoarsenesss , to make the people believe that the image which came down from heaven , was certainly a goddesse ; with this lullaby of peace , peace , do the polititians and oppressors of a nation seek to quiet the trefe and wayward people , when they cry out of their ails and oppressions , as poor micah did , when the churlish danites took away his gods and his priests , yet was he demanded what he ailed so to cry after them . § . so the great artists of state , that they may the better set off their skill , make ( as mountebanks ) l●rg haranges , specious and popular orations , like herod , most artificial speeches , mixed with preaching and praying , and sprincklings of scripture , and gods cause , as gilded or syrupped bitter pils , to give the better gusto ; still concluding with the epiphonema of peace , peace ; when behold nothing but usurpation and oppression , grievous exactions , and heavy loads , bonds , and chains and prisous are every where prepared for those that dare cry , or complain , or call for remedy ; pessime medicastry impensus ostentant artem : none make ampler prefaces brags and spreadings of their skill , and salves and rare feats than the most arrant quaks and cheats . § . these , as the magicians of egypt , some times so enchant poor people , that they believe all to be miraculous , at least innoxious , which comes from the tongues and hands of those who possess them ; as heathens ascribed all blessings to their idols ; the most crying injustice must be thought the highest justice ; the greatest contempt and curb , the strongest oppression and delusion of a nation , the wildest and most partial toleration must be voiced for liberties , yea , for precious christian liberty , purchased with much blood and treasure ; the grossest anarchles , and most snarled misgovernment , whose wheels are oft taken off , and whose weight drivces heavily over the very heads and bellies , laws and liberties of the nation ( as that romane virago , tullia hostilia did her chariot over her fathers corps ) to the depression of the honor and freedome of princes peers , and best of the people , this is voyced peace , peace ; the most irreligious licentiousnesse in doctrine opinion , speech and manners , must be reputed freedom of spirit ; the most novel and unjust cause that ever was on foot , must needs be cryed up for the good old cause ; when 't is indeed quite contrary to the goodnesse of equity , and the antiquity of truth . § . such monstrous soloecisms there are in the world between some mens words and actions , between the credulity of cowardly people , and the reallity of their enjoyments : this is the cunning , this the confidence , and this the cruelty of some state juglers , and their plebeian parasites , to boast of all they do or say , is in order to peace , peace ; when by peace they mean ( as salust expresseth it ) nothing but the servility or the solitude of a nation , that all interests , sacred , civil and military , may truckle under their high and mighty power , their tripple crowns ; & submissis faucibus deferre imperium : all that search and try their wayes , or wounds rather , are offendors , even for a word , if they dare speak , whisper , think or weep ought but peace , peace ; when such valiant , such succesfull , such holy , such praying , such preaching , such saintly , such seraphick men , have gotten power , and place , and plenty , and palaces , o now all is peace , peace . § . and the better to colour over the overthrow of three flourishing nations ( which from the pile of three united kingdoms are fillipped to the cross of an ill sodered common-wealth ) some men must by all means pretend to set up ( as john of leyden and his complices did ) the kingdom of righteousness , the throne and scepter of king jesus ; which is justly esteemed a kingdom of peace , being seldom or never advanced by an active war , but only by a passive ; yet is this a principall decoy to impose upon vulgar people ; for who will not seem willing and forward to submit to christs kingdom ; that he may rule and reign ? but we are not such children , nor have so learned christ , as to expect his kingdom to be of this world ; though in it , yet not after its methods of the sword , but by the word of truth and spirit of patience ; thus came the king of sion ; the other by the sword of blood , is a rare project for muncer and knipperdolling , for hacket and arthington , when they can be merry in peoples miseries , with ( populus vult decipi , decipiatur ) people have a mind to be deluded , and t is fit they should be so , when credulous people will believe in any spirit , an hundred to one but some lying spirits and deceivers , false christs , and false apostles will come among them , who shall make them believe light is darknesse , and darknesse light ? that good is evill and evill good ; that their iron chains are bracelets of gold ; that factious conventicles are purest churches ; that synagogues of satan are the truest jews , or children of abraham ; that partiall conventions , and senates , sifted , and purged , affronted and bafled by tumultuary or armed force are full and free parliaments . § . which name and thing of parliament every sober and understanding english man justly venerates and highly esteems in their due and only true constitution ; so parliaments are justly honoured , as ●●os & corona gentis , the cream , flower and crown of a nation , the anchor and center ( under god ) of laws , liberties , lives and honours of all that is dear to us in this world , yea , of our religion too : a free and full parliament is the very pall●dium pacis publicae , the best preserver and restorer of our peace , publick health , and all honest interests ; the most august and honourable assemblie in the world ( quo s●l illustriorem non aspicit , as bishop andrews calls it , in his tortura torti , pag. . ) the best tempered constitutions of spirits and humors , of power and counsel in a nation ; the oracle of publick wisdom , the magazine of publick strength , the source and fountain of publick order and authority ; the treasure of our riches , the sanctuary of true religion , the ark in which the church of england is embarqued ; the conservatory of both sanctity and civility , the best umpire of our civill differences , the most equanimous censor and reformer of manners ; the grand trustees of church and state , when so full and free as becomes men of conscience and honor ; who would not submit their honor , estate , liberty , life , all things temporal to such a judicature of his country-men , such arbitrators of the publique choise ? § . but to cry peace , peace ; to the body , when the whole heart is faint , when the whole head is sick , when the very brains are ●eaten out , when the vital and best spirits of a nation , are almost expired and exhausted , of when the military and pretorian insolence shall stand over the senate or parliament , as hercules with his clud over hydra's many heads ; this partiality is such a tyrannous imposition on reasonable men , as if they were commanded to believe and declare that a part is equal to , or more than the whole ; that glow-worms are brighter than the stars , and meteors or comets more benign than the sun and moon ; that all the wisdom and piety of a nation , were contained in a knapsack , as the holy ghost was carried in a cloak bag from rome to tre●t : men need but count the pole or tell noses , to tell what a free and full parliament means , which comprehends all the representatives and trustees chosen by the nation , besides the peers , who were the great council to the prince . § . peace , as health , includes the good constitution of the whole , but chiefly of the most noble principal parts ; peace of church and state , at home and abroad , will be far from that nation , whose publick counsels are at variance , and their chief councellors are either fighters against themselves , or oppressors of one another , ●o serve some partial ( which must needs be a ) sinister base and bad interest ; for no counsel is good , in or out of parliament , which is not for the publicks good , in which every legal and just interest is contained ; indeed it s a meer cheat , put on the poor patient the daughter of my people , when vain and empty words of peace , peace are used ; and yet either the sword or the exactor , or the oppressor devoureth every way , and every day , when god and man , his word and the violated laws , peoples sad experience , and tired patience , their exhausted estates , and daily alarms proclaime , there is no true peace , no honest and just ; no safe and secure peace , which indeed is not to be expected , while such witch-crafts are imposed , and such wicked purposes partially and violently promoted , utterly to deceive , undo , and destroy a people ; which brings me to the fourth particular . § . fourthly , the {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , lye or fallacy , which the spirit of god by way of irony expresseth , they have healed , thus they pretend and brag : but ( lightly ( {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} super leve , ut leviculum , tanquam rem ni●ili , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , lxx . despicientes , vili-pedentes : cum illusione , syr. cum ignominia , verbis mendaciorum suorum , chald. ) thus translators and interpreters render the word variously , but to the same sence , arguing the little respect of piety , honesty , equity and charity , or humanity , which was in these vain-glorious and ungracious healers , who either wanted skill or will , or power , and influence , or due authority , or they were slighters ▪ and contemners of the publiques health , only intent to their private wealth and advantages . § . they never searched the bottom of the nations great crying sins , disorders and sufferings , nor applied seasonable , just and meet remedies to either ; yea , they festred and enflamed the lighter hurts , to grievous ulcers , small faults , offences , mistakes , differences and jealousies , which did arise in church and state , they either dressed these scratches with vinegar and gall only , with sharp and picquent corrasives , without any lenitive or moderation ; or else by a dilatory negligence , and supercilious carelesness , they let publick distempers and hurts run on , till they were less capable of any cure , or patient of good applications ; yea , and by a superfluity of wanton cruelty , they either widened the wounds , and made their probes their punniards ; or else dressed them with poysoned spunges , while they seem to purg them , as one that is killed by a glyster or potion . and at best by a most impudent hypocrisie , they have skinned over the hurts , with some shew of setling what was shaken , and of reforming what was amiss ; when indeed no men did more deform the beauty , or ruine the welfare and hinder the healing of the publique , than these healers , by their enormious sins , and outragious lusts , by their unjust and violent actions , by their partiality , and impotency of their passions , by their evil eyes , their fowle breath , and their rough hands ; which are the instruments of bad hearts , and base minds . § . little or no publique healing is expectable from men that are inordinate self-lovers , covetous , boasters , proud , blasphemers , disobedient to parents , ( natural , civil , ecclesiastical ) unthankeful , unholy , without natural affection , truce-breakers , false-accusers , incontinent ; fierce despisers of those that are solidly , sincerely and constantly good , traytors , heady , high-minded , lovers of pleasures more then of god , having a form of godliness , but denying the power of it , as the apostle gives their character by an holy satyr . § . and can any thing , that is good for the health of the daughter of my people , proceed from such galileans , such evil men , who meditate mischief night and day , who decree unrighteous decrees , and act wickedness with both hands , greedily ? who think themselves most hurt , if the state and church should be throughly and speedily healed ; they fancy themselves undone , if any publick good be honestly done ; 't is pain and death to them to have the bones well set , which by them have been broken ; to see the ( {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} rather than the {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} ) gaping wounds or gulphs rather closed up , which they have either made or widened , and kept so open , that they threaten in a few years to swallow up all the wealth , and pea●e , and honour , and strength , and happinesse of the nation and church . § . yet these are the men that say peace , peace ; that would be thought the only blessed peace-makers , the soveraign healers of the hurts of the daughter of my people ; such monopolisers of all medicines and healing drugs , that they are impatient any others should take the cure in ●and , or have any thing to do in church or state , beside themselves and their applauders . they tell the poor patient which is full of wounds and putre●ied sores , that they will do her more good with their tongues and lips , added to their launcets and swords , than the best physicians can do by their best unguents and soveraign balsoms ; while the poor sick , wounded and languishing creature cries out for some ease , and pity ; yea roars for the very disquietnesse of its soul , and continued pains ; yet without any shame or blushing , these physicians of no value , these miserable mountebanks , affecting a supercilious shew of soveraign majesty , severely frown on the pitifull looks and tears of the daughter of my people ; with terror threatning her to hold her peace , to believe she hath peace , nay to say and swear it is peace , peace ; yea and to abjure the use of any other men or better means , which have been formerly very effectual for her healing and recovery . § . quis coelum terrae non misceat & mare c●lo ▪ here patience it self is a sin , and impatience a vertue : who , not stupid , can forbear with the prophet to cry out , hear o heaven , and give ear o earth ? was ever any nation so tampered with , so pestered by a company of fallacious physicians ; pretenders to heal , superficial skinners , dilatory empiricks , and miserable medicasters who resolve small hurts into grievous ulcers ; and green wounds into virulent gangreens , and little braises into fell and inflamed tumors , yet cry peace , peace ; and we have healed you ; why do you yet complain ? § . as if the prophet should say , it is high time ( indeed ) after so many years of wasting and wounding , of war and trouble , of death and bloodshed , of undoing and destroying , of cutting and dividing the body politique , turning the daughter of my people ( as on the gridiron ) from one side to the other , by vicissitudes of burning feavers , by continual tossings , and fits of high diste●●pers ( between the wrath of god and heavy hand upon her , beside the fury of men against her ) yet to cry peace , peace to her ; when , as the lord lives , there is no peace ; nor many steps between the patient and death ; or at best such a sorry peace as is no less chargeable , terrible and oppressive , than an open war ; pax omni bello tristior , a peace patched up with popular pretentions , and impious injuries ; as the body of lazars ; whose plaisters rather hide than heal their sores : what true peace can that be which is founded onely on sands and quagmires , on violence and exaction , daubed over with the untempered mo●tar of policy and hypocrisie , which holds not one winter ; built up with cries , begun with violence , carryed on with oppression , and ending in desolation ? § . peace , or health , and salvation are far from the ungodly ; what peace can there be to the wicked princes or people , senators or souldiers , whose feet are swift to shed innocent bloud ? whose hands are full of bribes , whose hearts are hollow and double minded , whose power is usurped , whose decrees are unrighteous , whose mouths are full of fraud and flattery ? peace and establishment in church and state with god and men , are the fruits of justice and righteousness , of true religion and good laws , of just magistracy and legal soveraignty , of fixed , free and united councils , of wise and honest valour , the study , prayer and endeavour of men fearing god and hating covetousness , men of true publique spirits , who are not swayed by private interests and passions to any novel designs and factious adherencies . § . men of wisdome and honor fortified with just authority , are only apt to make a nation happy by healing her , in those ways of honest decrees and impartial dealing , which are legal and regular , not fanatick and extravagant , which every night dream , and in the morning propose new receits , seraphick projects , and untryed medicaments , which sufficiently shew , that such chyrurgeons and physitians , are either ignorant or pragmatick or impertinent ; either not knowing what to do , or not willing to do what they know , but are resolved to do any thing , never so foolish and pernicious , rather than sit still and do nothing , or give way to better heads and hands , who have more authority from god and man , and so may better expect a blessing . § . what peace can there be or true healing , while the most crying sins that mankind are capable to commit or conceive , the deepest wounds and sorest hurts from the hand of man that a nation can receive are unpunished and unrepented ; yea unconsidered , yea incouraged , yea cryed up by some for rare examples of justice , of liberty , of piety , of sanctity ? when neither the holy god ever commanded , or holy men ever practised any such thing ? § . what peace can there be while fleshly lusts , and all manner of evil concupiscence in rulers and ruled , fight against mens own souls , against gods spirit , and against the publique welfare ? while worldly lusts of pride , envy , covetousness , ambition and sacriledge daily supply matter for general discontents , publique wars , and perpetual woes ? § . what peace or healing can there be in church and state , while men of the same polity are like pikes in a pond , or fish in the sea , or beasts of prey in a wilderness , pursuing and devouring one another ? while neither the bonds of the same laws , nor the same oathes , nor the same covenants , nor the same religion can hold them ? while they will not indure the same magistrates , nor the same ministers , nor the same form of church and state ? while they have so little equity , so no piety or charity to each other ? while every petty person among the prophets and people aims to set up a party of faction , and every party designs to subdue others , to set up it self , and to oppress the common liberty and publick welfare , which are only contained in those laws , that are made by the consent of all estates in the nation . § . what peace can there be where there are so many tumults and strifes , so many whispers and jealousies ; so many fewds and animosities in the brest and bowels of the same nation ? for want of that rare elixir of lawful and just government which only is able to compose the distracted spirits , to give a just allay and temperament to all humors and parts in their due places and proportions , except they be such as are indigestable to any good order , and are better purged out , than kept in the body ? § . alas these pitiful partial applications , these diurnal doses , these borary medicaments , these slight and superficial plaisters ; these verbal and decretal healings which some men have so gloried in , and vapoured of , are as ridiculous as they have been inefficacious ; unless these great masters of their new arts ; these galens and hypocrates of church and state were so in favour with some esculapius , as to partake of his diety ; and so by the words of their mouths , or shadows of their bodies , or touch of their garments , to rebuke the feavers of the body politick , and immediately to cure , as by miracle , what they have so long tampered about to very ill purpose . § . but as an illfavored physitian is an ill omen to his patient , especially if he look ill from his being ill ; therebeing no great hope that the physitian should cure others , who doth not , or cannot cure himself ; so the busie practitioners on the daughter of their people , should do well , first to commend their skill to the publique , by giving some good experiments on their selves , by curing their own corrupt hearts , or crazy heads ; by recovering themselves from those vertigo's , megrims , and falling sicknesses , with which they have been so oft afflicted ; let them wash their own foul hands , and cleanse their double minds , let them cease to do evil , and learn to do good ; let them do all things not arbitrary ( ad libitum , & libidi●●● ) but as exact physitians and apothecaries per pondus & mensuram , by weight and measure ; by the rule and standard of the laws of god and man ; which give , or restore , or preserve to every one what is their own , by such purchase , donation , descent and honest industry ; wherein their rights are made good by law ; and which they have no way forfeited by any injury to the publique , of which the laws of the land and lawfull magistrates , are the only lawful judges . § . let them not think by a little fasting-spittle to cure the hurts of church and state , nor yet by their solemne feasts ; this is the fast , and this the feast , the lord hath chosen , comely for true religion , and wholsome for the nation , to loose the bands of wickedness , to undo heavy burthens , to break every yoak of unrighteous decrees and acts ; to restore what is unjustly , that is without law , taken away from any man , to do as they would be done unto , to deal justly to all men , to shew mercy , even in deserved justice ; and ( after all ) to walk humbly with god , this do , ( o ye physitians of my people ) and you shall live ; this do , and the daughter of my people shall live ; being throughly healed of the wounds she hath received in the house of her seeming friends ; ( for it was not an open enemy of the heathens round about , which hath done her all this hurt : but her own children , ) let them cease from being rebellious children , companions of adulterers , robbers , and murtherers , return to that duty , they owe to their god and their civil parents , to their country , and their church , or to that pity and compassion , they owe to their children and posterity , whose teeth will certainly be set on edge by the ●ower grapes their fathers have eaten , jer. . . then shall health spring forth speedily , righteousness shall go before , and the glory of the lord be thy rearward . then shall they be as fathers and sons too , of the nation ; who shall build the old wast places , repair the breaches , and raise up the foundations of many generations , which have been overthrown , overthrown , overthrown , after they had continued firm for many ages , as to the stability of church and state , under gods indulgence and the care of good magistrates . § . but since these tamperers are so justly and severely reproached by god and the prophet , for their slight healing , which was indeed none at all ; the more cruel , by how much they were more cunning , to keep the daughter of my people in continual pain , and themselves in constant practice and pay ; it will not be amiss more particularly to examine in the sence of gods spirit and his prophet , whence this malice or mistake had its rise ; how this slight healing did befall the daughter of his people ; and how it is to be avoided as much as death , and hell , and devil . first , it comes by unskilfull empiricks , such as neither understand the science of physick , nor the art of chirurgery ; neither the cause , nor the symptoms , nor the proper and specifick medicines for such hurts and diseases as church and state may labour under ; which possibly may be as many as the natural bodies of men are subject to ; if a man had a true anatomy of the parts and constitution , with all accidentall distempers incident to the body politick , from within or without : when men of little or no literature , of as little experience in matters of policy and prudence , of mean capacity and education , of small minds and narrow souls , do undertake the cure , who are easily deluded and gulled , byassed and swerved with fair words , specious pretenses , and partial , yea pivate interests ; ( especially if these novel interests have any smack or tincture , fucus or form of more than ordinary godliness ) when these easie , shallow and inconsultive men , of giddy heads and rash hands , full of childish credulity , and popular formalty , come to the helm of church and state , to rule and steer all , they look more to the spreading of their sails , then to that due balast and lading , or to that right cynosure and compass of law and justice which god and their countrey have prescribed . § . gonsalvo , whom guicciardine calls the great captain of his time , was wont to say , that a general , or chief commander of an army , had need have thirty years experience , to breed him accomplished to all the abilities , requisite to such a place ; on whose prudent conduct the lives of so many men depend ; yea , and whole nations too ; truly no less time is needfull to train up a compleat counsellor of state , a meet physician for the daughter of my people ; it is not a pragmatique forwardnesse , a bustling activity , or a projecting impudence , or an unblushing ignorance , or a voluble impertinence of tongue , or a military strength of hand , and robustnesse of body , which makes men fit to undertake the healing of a nation ; every fool and evil doer , is capable to be medling , and to do mischief , onely the work of closing and healing , is expectable from wise and good men , of ingenuous and learned educations , and of exemplary lives ; and adorned with competent estates , men who know how to temper their physick and plaisters , so as are commensurate to the nature and degree of the disease , to the spirits and strength of the patient , neither over-doing by precipitancy , nor under-doing by presumption ; neither fearfull to use tried and fit medicines , nor rash to tamper with every new receipt propounded . . by unfaithfull empiricks , such as are crafty enough to do evil , but to do good they have no knowledge or honesty ; they have heads able enough , and hands active enough , but they have corrupt hearts and base ends ; they can boast , as much as any of a publick spirit , and the common-weal , or bonum publicum ; but while they look one way , they row another ; the tide of private benenefit secretly carries them contray to the sail and winde , with which they clamor amain for the publick good ; full of pretended necessities , and impatience for an hudling and preposterous reformation in church and state ; and the work is well done , if their crasie estates , and waining fortunes , or crackt credits be once well recruited ; if they find no gain in true godlinesse , yet they make good gains of the form of it , having the cretian faculty to speak lies in hypocrisie for filthy lucre sake ; every one looks to the profit which is to be made from their quarters ; if their purse prosper , all is peace and prosperity ; though all things publick are worse and worse , as to religion , laws , liberties , as to freedome and honour of publick councels , as to trade and commerce , as to peace and concord in church and state ; they care not how snarled the skain of things be , so as they can draw some good threads out of it to stitch up their affairs , and mend their rents . § . though the daughter of their people have scarce rags to hide her sores of sin and shame , to dry up her tears or dress her wounds by reason of oppression and anguish ; yet these grand geniusses of state ( whose gracious nods are sanative , and their touch or presence must be thought soveraign ) must be cloathed in scarlet and finelinnen ; in robes of silk and embroidery , and fare deliciously every day ; that they may appear rather as princes in splendor and majesty , than as mountebanks and quacks ; who care not how little they heal their patients , nor how much they help their own purses ; yea some of them are so false that they conspire the total subversion and destruction of all the health and wealth of the daughter of their people , which sate as a queen among the nations in former ages ; that they may either keep or increase the spoyls they have already got , and further hope for , from her final expiration and dissolutions ; where from an ancient , united and flourishing kingdom , to a puny , peeled and divided commonwealth , the change is not like to be ( as that of our vile bodies at the resurrection ) from dishonour to honour , from corruption to incorruption ; but from peace , glory , plenty and renown , to everlasting war , dishonour , beggery and cont●mely ; the fruit and fate attending the silly or subtile tamperings of false more then foolish physicians , who are neither good for others bodies , nor for their own souls ; for while they through ambition , covetuousness and unfaithfulness neglect to heal the one , they damnably hurt the other . certainly no want of honesty or charity is more damning than that which is due to the publick , but denyed or withdrawn , when it is in the power of our hand to do a nation or a church good : nor are any traitors more dangerous and detestable , than those lopesses , who are rather carnifices than medici ; empoysoners , torinentors , and executioners , more than healers or physitians ; then most betraying their trust , when most trusted , for the publique welfare of a church and nation , on which not only many thousand bodies but souls do depend . . when the pretending healers are either tainted with the contagion , and leavened with the sowreness of other mens odd opinions and passions , or transported with their own ; sometimes physicians are such gentle sirs , that they symbolize too much with the humors of their patients , and are so indulgent to their diseases , or compliant with their ulcers , that they dare not tell the people their real dangers , and the tendency of their unreasonable distempers , if not prevented and moderated ; sometimes people love to have such physicians , such magistrates , such parliament-men , and such preachers too , who shall speak soft and smooth things , sow pillows under their broken bones , and bind up the unsearched sores with silken bands ; this is the way ( non sanare sed palpare morbos & vulnera ; & ipsa remedia in morbos vertere ) not to heal but to humor an hurt ; not to mend it to the better , but to change it to worse ; for an impatient patient many times needs a plaister of moral philosophy , and divinity , more then of physick or chirurgery , and stands more in need to have his passion than his sore cured ; which ( as in bodies full of sharp humors ) is worse by their fretting than by the first wounding . § . hence patients and physitians , like ideots and simpletons very gravely conspire to lay aside all use of what things are known to be good in order to health ? out of a great zeal against the abuses some have formerly made of them , and a like jealousie for hereafter . § . thus they transfer by an ( {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} ) impatience of prejudice , and transport of their own or others passions , the faults and frailties of persons to things , condemning with the turks all wine , because some men are drunk with its excess ; and all good chear , because some are apt to surfeit , blaming the meat , when the fault is in their ill stomach or digestion ; hence they study so to dry up hydropick bodies , till they kindle in them calentures , and make them as tindar , apt fewel for a feaver ; they draw away so much blood pretending it is bad , till the patient ( church and state ) loseth , withal , much of its best blood and purest spirits ; so falling at last into fits of convulsion , and such emaciatings as betray to desperate consumptions : thus they are prone totally to abandon a good , an excellent , a long tried , yea and the only adequate way of government , that can be adapted to all just interests in church and state , out of a popular prejudice , against some misgovernments incident to the governors , and to the best governments ; which are sooner remedied , then a new one modelled and fitted ; as a crackt silver vessell , is sooner sodered and new burnished , then a new one malleated out of the rough m●ss or wedge of metal . § . thus ( dum vitant stulti vitia in contraria currunt ) for want of wise , honest and steady physicians ) remedies over-driven prove worse than the diseases ; and a nation is further off from cure after twenty years passionate practice , than it was at the first cause of complaint . § . this fals out , when physicians , grow so sympathysing , or symbolising , with their petients pevish passions and humors , that they flatter their diseases , and fear nothing so much , as to cure them , with that discreet severity and moderation which permits not the outcry ▪ ( when greater , than the grief ) nor the importune clamor of the patient , either to keep him short , or carry him beyond the reality of the disease ; since health of the body , as vertue which is the health of the mind , consists ( {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} ) in the mean between extreames . t is too true , as in patients , and physicians , so in people , and parliaments ( perit judicium , quum res transit in effectum ) when physicians so much mind their patients distemper and clamor , that their minds contract a disease that sets them next dore to a kind of raving or madness , or dotage , of which all men are thought in some degree guilty , who either much over-do or underdo , what they undertake to do ; as he that broke the pitcher which he was to wash ; and burnt or pulled down that house , which he had commission only to sweep or repair ; and cut off that head for aking , which was only to be shaved , and forrified with some defensive plaister , against the rheume ; to these transports of some men , who were much swayed by the passionate outcries of some people , we owe the loss of our antient government , and have run the sad ventures , yea shipwracks , of anarchy so long in both church and state . . when these pretended healers look more at the lesser symptoms of the diseases , or at the putid excrescencies of the sore , than at the ro●t and fountaine of the malady ; when they regard more the sufferings of a nation , then their own or other mens gross sins , and are more sensible of mans prejudices and displeasures , than gods . it is a rule in physick , ( in complicatis morbis acutiori attendendum ) in complicated diseases the maine care must be to give check to that , which is most accute , malignant and predatorious of the spirits ; for if these faile , or be not refocillated , both nature and art , ( as hippocrates says ) must needs fail ; they are then very impertinent physitians , who seeing a patient in an high feavour , are more solicitous to take away some cloths or covering , which seems too hot on them , then to mitigate the flames of that fevorish furnace which boyles within them . sect. here , by grosse mistakes , some physitians take ( non causam pro cause ; ) angry at some ceremonies , and scared with meer shadows , more than with grosse sins , that are most immoral and substantially evil ( as i may say : ) this runs even reformation it selfe many times to a deformity , while physitians look so much to some appearances of evil , that they neglect what is most apparent evil . thus men quarelled ( in their little cavils , at the liturgy ) so much about some things they lesse fancyed , or understood , as to the antiquity , and innocency of their sence and use , that they never regarded either the excellent matter and forme of the prayers and administrations in it , or their own dull , cold , and formal application to them , when indeed they deserved for their divine truth to be believed , and for their publique use and charity to be entertained with humble , intentive , fervent and devout affections ; the fault was not in the holy formes , but the unholy formality ; nor ( lastly ) did they bethink themselves of the great want which plainer people have of such wholesome , compleat , wonted formes of publique prayers , and administrations , which they can best learn and understand , and intend ; for daily variety in religion , ( such as some men affect ) is almost as inedifying to poor countrey people as latin service ; nor is any symbol of christian union more proper in any church ( and if it could be in all the churches , ) then to have where ever they come , the same summary sence and solemnity of holy mysteries ; and such duties are ill left to all private mens fancys , yea or to all ministers suddain and extemparary abilities , though they be able men . sect. if lying and swearing , and riot , and luxury , if schisme and perjury , and sacriledge , and hypocrisie , and bloodguiltinesse , if covetousnesse and ambition , and immoderate revenge , if discontent and impatience against god and superiours , if malice and high uncharitableness , if bribery and corruption , if popularity , formality , idlenesse , and debauchery in ministers , if peoples immoralities , and prophanesse , factiousnesse , atheistical indifferency , and rude insolencies ; if these and the like great hurts of the daughter of my people had been cordially reformed , and by reinforced lawes with due execution of both civil and ecclesiastical discipline had been so purged out , or curbed and abated that the flagrancy and predominancy of them had been generally allayed ; doubtlesse the publique welfare might have consisted with those other things of convenient and comely use , in church and state , at which some mens zeal did so rise and over-boyle , that it almost quenched all religion and civility to sordid confusions . sect. . when these pretended healers , do either by immoderate tampering and dilatoriness , multiply diseases , or by stopping one orifice indiscreetly make a score , or force ill humors to shift their seat , and transfer diseases ( alike the running gout ) from one part to another , from the head to the hands , thence to the feet , and at last to the heart ; still the inward malady remains unpurged , the daughter of my people as to the main is not healed ; so to rectifie the more feared than felt excesses of monarchy and episcopacy , a greater tyranny may be easily raised , not only in a downright anarchy , but there are tyrannous and tedious burthens to be feared even in the best democracy or aristocracy that can be modelled for church or state : where , as the teeth of harrows are worse than the point of one sword , so many reguli or masters are like to be more inaccessible , more untractable , more intollerable , more chargeable to the people than any one can be ; and no less both severe and supercilious , besides less satisfactory and honorable ; for it is more ingenuous to be a subject under some person of ancient honor and eminency , then to have a snip of soveraignty among others that are but upstarts and equals . sect. i believe the peers and gentry of england lived much more freely , amply and magnificently , though subjects under one soveraign , than the best heres or burgomasters do among the low-country-men o●swisses ▪ and so did the clergy of england under excellent bishops , beyond what they ever will under the rigor of others who have their horns , though they endure no head ; the little finger of rigid presbytery , hath been heavier than the loins of moderate episcopacy . sect. it is a monstrous either want of skill , or of conduct , or constancy , for publique physicians to let things run to such impolitick lapses , ( under the pretence of curing the hurts of the daughter of their people ) as while they sought to recover the frequency of parliaments , ( thereby to moderate all enormities , and remedy all burthens inconvenient in church and state , ) that ( at last ) the publique welfare should come to that sad pass or ill fare , that some things called parliaments , should be thought the greatest publick grievance ( and what convention is there so illegal and contemptible , which some flatterers of times and powers will not christen and consecrate with the venerable name of that almost sacred senate ? ) how desparate and sad a state is it when any grievance should be called a parliament , or any parliament prove a publick grievance ! as that parliament had the name from ( parium & populi & principis lamentum ; ) the lamentation or complaint of prince , peers , and of people , or their contempt till at length even military insolency dared to adventure ( as the requital of the long and great pay , which they as soldiers had received from their dear country-men ) to garble and purge , to shufle and cut , to lay out and take in parliaments at their pleasure , like a stock at gleek , yea and not only to act against them , and without them , but above them , in a game of government , wholly new to england , called stratocracy . sect. mean while ( good god! ) what became of the wits of some of our wise physitians , and our confident surgeons ! could they not have foreseen and prevented ( by discreet counsels and moderate methods of seasonable applying state physick ) those swoonings , and heart-faintings ; those convulsions , and dyings ; those groans and bleedings of church and state , of kingdoms and common-wealth , of laws and religion , of magistracy and ministry , which have all suffered in twenty years of tedious attending their cure , more hurts than they ever did for an hundred years by all the diseases that were pretended so necessary to be cured , that rather than fail , all , even head and members , limb and life it self must be ventured ! where was the vertue of former oathes , of late protestations , of all their covenants and vows , the antidotes which they had taken or given against anarchy and apostacy ! sect. sage and well-advised physitians must still consider , how subtil and proteus-like distempered humors and spirits are in a body that is foul ; they instantly , being moved but not removed , slide as from one part , so from one disease to another ; as easily transmuting interests and dangers , as the scales of a ballance go up and down when more weight is cast into one than the other , it presently follows the preponderancy , and grows lower when heavier , which was before higher , because lighter . sect. so in publick or epidemick distempers , preventive and prophylactick medicines must be used as well as cathartick and purgative ; else things will by secret and insensible steps , suddenly vary from one extream : and oppression to another , as the cold and hot fits of a quartane , especially if the grievances of sharp and unseasonable remedies ( like some corroding plaisters ) follow the grievances of the sore and disease , so either stupifying instead of suppling ; or exasperating instead of mollifying ; or cutting noble parts quite off instead of reducing them to due temper and proportion : state physitians must be as wary of using too much of the salt of popular proposals , and the niter of levelling principles , as other physitians are of using quick-silver uncorrected , or unmortified ; for they are both most acute poysons if not well prepared and aptly applied ; by which either unfit , or unseasonable , or immoderate , or rude , or forcible applications , men are quickly carried beyond their own duties , and others deserts , for want of that caution , conscience , charity and discretion , which is necessary for all those who meddle in matters of life and death ; in private , much more publick healing and welfare ; else the quick as well as the dead flesh may be cut off and consumed ; the vital as well us vitiated spirits and humors may be exhausted . the very arteries and sinews of government are prone to be rotted , and the whole fabrick of the body will fall one limb from another . sect. especially when by the fury or fear of prince , or people , things are brought to that pass , that all other medicines being laid aside , nothing is made use of but the weapon-salve , that unguentum armarium , the sword of war , which hath seldome the vertue of achilles his sword , which was to heal as well as to wound ; hence follow those horrible healings , which ( like simeons and levi's cure of the sichemites when they were sore , ) destroy both prince and people , either lopping off the armes and legs of the body politick , the strength and multitude of the nobility , gentry , and communalty , which is the glory of a king and kingdome , or else by a dreadful abscission , cropping off the very head of soveraignty , from the body of the polity ; the first reduceth a nation to its stumps , and makes it a cripple a long time ; the other makes both its appearance , and its motions , as monstrous and desormed , as if a body should move without an head , ( as it was in those dayes when there was no king in israel . ) or as the giant polyphemus did ; when blind , he gropeth for ulysses ; so are a great people , when in the darknesse and confusion of anarchy , they seek in vain for that order , wisdome , and authority , which are the body , soul , and spirit of government , and are eminently comprehended in the head , with which the whole body best corresponds , when happily compacted together . this principal part once taken away by violence , the body ( like fouls , whose heads are wrong off ) may flutter for a while , with blind inordinate and dying motions ; but no better can be expected , unless ( as in hydra ) many heads could presently spring up in stead of one , which is neither easily nor suddenly done in nations , whose native courage , emulation , spirit and metal raiseth up many rivals for soveraignty , and as many disdainful enemies against all that either obstruct their pretended power , or affect to enjoy it themselves . . when these pretending healers are much for a new paracelsian practice , for unexperimented applications or medicaments of their own inventions , which are occasionally extracted and chimically made ( with sin and force ) by themselves , and such as are of their faction ; but they do not natively flow as the balme of gilead doth from the tree of good government and polity , that is from those laws and constitutions , which have been long approved as most proper for the nations welfare , which ( without doubt ) are best able and most apt , both to preserve and restore the health of the daughter of my people ; no counsel , practice , or power of prince or potentate , or parliament , that are praeter , or contra legal , can be for long or sound healing , but rather proves more noxious and infestive at last to the publique peace : for the law ( which is power regulated by wisdome , and wisdome asserted by just power , and both confirmed by the parliamentary consent of all estates concerned ) this is the radical moysture or native balsome , by which the lamp of life is preserved in the body politique ; as this decayes , so spirit and vigor , health , and harmony , peace and protection , love and life decays . § . yea , where force is necessary to be used , yet it must be limited , and commissionated by law ; else it is but a lion broke loose , or a ranging bear , or a ravening wolf , or as a mutinied army , no better then a tumultuary riot , and violence , like the fighting of a body with it self in fits of the falling sickness , such new pits and cisternes will not hold any water ; for they are not onely crackt in the making , and marred upon the wheels , but they presently dash against one another , as earthen pitchers ; they are by-paths of extravagant power , and fallacious pretentions , but not comparable , in point of health and safety , to the good old way , ( & bona , & antiqua , & probata ) which long time had liked and attested to be very good . such as put on in all haste sauls armour of soveraignty , which they never before essayed to wear , nor have shoulders fit for it , will soon find it not onely inconvenient for them , but combersom , dangerous , and in the end pernicious ; if they mean indeed to kill those gyants , those goliahs of uncircumcised enormities , which defie god and law , it is better to take those smooth stones , and that sling , to which as masters of assemblies , or magistrates , or parliament men , or justices , they are wonted , according to the law , and the duty of their place , than to cumber and engage themselves in such uncoth ▪ high and heavy undertakings , which are seldome other than disadvantagious , and destructive , as always dangerous to the counsellors and actors , no less than to the publick peace and welfare ; for as tacitus well observes , ( consilia callida & inhonesta , prima fronte laeta , tractatu dura , eventu tristia ) new and illegal projects , are commonly pernicious , and crying at last , however they smile and flatter at first ; nor can any violence or success heal a nation or a conscience , where the law smites by accusing , and the conscience by condemning men for their wicked principles and unjust proceedings . . when these pretended healers , leaving all wonted and approved medicines , which gods word and the laws of the land , right reason and true religion do warrant or allow , fly to their inchantments , as if they would heal by charmes , and cure by philters or amulets , as by carrying bibles in their hands , by using much scripture phrase and expression , by following sermons and fasts and prayers , by affecting an odd kind of canting way of writing and speaking , by zealous pretending of sanctity and christian liberty , or through reformations of advancing the cause of god , and kingdome of jesus christ , by crying up providences , and successes , by conjuring up strange fears and hopes , jealousies and expectations , like so many ghosts and goblins , to scare and amuse the common people : lastly by flying to raptures , inspirations , enthusiasms , holy convulsions , and such like quaking and quacking tricks as pretend no less to the skill of healing all the hurts of the daughter of my people , than wizards and cunning men do to cure all diseases of man and beast . § . thus the temple of the lord , the temple of the lord is urged , when they intend to destroy church and state ; it is superciliously yea very surlily spoken , to persons much better every way then themselves , stand by , we are holier than you , we are abrahams seed , and the true israel of god . the work of healing church and state , is the work of saints ; as soone as they can agree what way to take , what plaisters to make , and what power to get into their hands , that they may apply their rare cataplasmes or emplasters . thus some tell us there must be no king but king jesus , and themselves sitting on his right and left hand , in all power , ecclesiastical , civil , and military , judging the twelve tribes of israel ; for they strongly fancy england to be judea , or the holy land , and most of the people to be of late turned jews ; others will have no bishops , nor any thing that belonged to bishops , but onely their good lands and houses , the spoiles of those egyptians ; others will have no presbyters , nor tythes , nor temples , but arbitrary , and unmercinary preachers , in occasional barnes and stables , or ( sub dio ) in open fields , who will do the work of christ without mans wages . it were well if their souldiers would do so too , in their holy wars , which are voted by some to be the work of jesus christ ; some would have they know not what themselves , but they attend further light , by which they may better discerne the way of healing the nations , and their own hurts . § . mean time they look neither to the law nor the testimony , neither to the rule of piety , equity , nor charity , as if a little chattering of pious , or rather impious nonsence , were sufficient to cast out the legions of divels , or the clay and spittle of their lips were able to cure the many distempers of these nations , especially when the blindness , boldness and folly of such operators and circulators , is so manifest to all men that have eyes inlightned by reason or religion , by laws of god or man , that i hope it shall proceed no further . have we need of mad men , as achish king of gath , speaks of david , disfigured to a frenzy ! are they likely to be healers of others , whose diseases are so got into their crowns , that they are not onely fantastick but fanatick , to the tune of the maniches and circumcellians ; that is , people of no just and honest , of no settled or constant , no rational or religious principles ( morbus destruit artem ) a good physitian is not fit to be his own or others physitian , if he be distempered ; much less these men , than who no men have discovered more craziness of mind , and crookedness of manners , having little fear of god , and less reverence of men ; either their ambition , or their indigence , or their idleness , or their jesuitick juglings , or their desperate designs to turn all into rapine , blood and confusion , makes them impatient that any men of better skill , and honester wills than themselves should come nigh the patient , or apply those all-heals , or panaces and catholicons , which are no where to be found in their pedlars packs or apothecaries shops ( where poisons are set off with the specious titles and inscriptions of sanctity , and liberty and light ) but in the known laws of god and man rightly interpreted and impartially executed according to equity , order ▪ and charity ; not in those godly formalities , or gracious extravagancies , or illegal irregularities , with which some vaporers have made so great flourishes for some years , and so long afflicted the daughter of my people ; and would for ever have done so ( according to the method of those rare cures they sometimes wrought in germany about the . by the seduction and slaughter of an hundred thousand people in the anabaptistick and fanatick waies of mutiny and rebellion ) if god in his mercy ( as we hope ) had not prepared to put the patient into better hands , which may be guided by wiser heads and honester hearts , who will not so cry up religion and reformation , as to run out to horrid violence and crying injustice ; nor fancy and teach that any evil of sin and injustice may be done that a publick good may come thereby : one may as well expect to heal wounds by poysoned plaisters or venemous instruments : men must not lye for god , nor commit robbery for burnt offering , nor do things unwarrantable or unjust by mans law , in order to magnifie gods cause , much less their own , though just ; and may they do it for causes wholly unjust ? this is only to dash the two tables against each other at best , or to break them both in pieces against the rocks of hard hearts , as is usually done when fantastick heads , and foul hands dare without authority from god or man , to set up the golden calves which they list to idolize , and which all men must presently fall down and worship ; such was that popular and plausible invention of the jews at first , but it cost the wickedly wanton people dear at last , when their new diety & rare invention was consecrated by the blood and death of many thousand of the people ; nor was that fire of mutiny and rebellion with korah and his faction raised against moses and aaron , quenched at a cheaper rate , whatever they pretend of holiness . yea st. austin observes in his epistle ( ex poenae differentia peccatum censeri ) by the honor of that new punishment which fell on them one may easily see how the sins of mutiny rebellion and hypocrisie being twisted together do outweigh any other sins . lastly , then they heal slightly , . when physitians either give good words , or make good salves , and spread good plaisters , but never effectually apply them to the patient , or suffer them to be pulled off as their impatience listeth : when bones are broken , as well as the flesh deeply wounded , the ligatures and splinters must be good as well as the plaisters : there must be no dislocation where we expect a perfect cure ; parts must be set and kept in their proper places ; else they either heal not at all , or to a great deformity and continued infirmity . or . when both healers and patient , like king uzziah , trust so much to themselves , to the skill of the physicians and chrurgeons , that they less look up to god , and lean to their own understanding : they will find the wisdom of the world foolishness , and the arm of flesh an egyptian reed ; to lean so much on them as to neglect god , is not only a vain but a noxious and cursed thing ; for god will bring to naught the counsels of princes , who begin not their wisdom and end it in the fear of god ; as the most pious and learned primate bishop usher , in the beginning of the long parliament would oft with earnestness foretel , that god would confute and punish the too great glory and confidence which people generally had in parliaments , as if the sins of the nation could not out-vie all the care , skill and power of parliaments ; who may have their infection and diseases too , if they do not exactly look to god and their consciences , to religion and justice both ; to duty more than applause or reward , or success ; which can never be good or comfortable , unless it be first the fruit and effect of good counsel , ( that is religious and legal ; ) secondly , of humble prayer to god ; thirdly , of a gracious submission to his will , when we have done our duty ; men lose themselves when they seek not god first in all their publick counsels . for the race is not to the swift , nor the battel to the strong , but the lord gives the blessing of peace , and health , and salvation to his people ; he , as the soveraign physitian can best , and only heal our publick wounds , by making men to be of one mind in the lord , by pouring out his spirit of wisdome and moderation , of repentance and compensation , of mutuall pitty and compassion , of justice and judgment , of an holy and happy reformation , which heals the hurts of mens hearts , and the wounds of their consciences , and the running issues of their evil lives ; these are the happiest and surest methods of a nations healing . we see in the oft relapses of the jews , no sooner had they by sins of publique scandal and notorious contagion hurt themselves , but gods hand smites them by famine or plague , or sword , or war and oppression ; no sooner had they repented and turned solemnly from their sins to him that smote them , but god turned from his wrath and healed the land . § . we have had in england many days of humiliation , in order to our humbling and healing , but hitherto we have been more and more hurt ; because we fasted not for sin , but to sin , as god reproacheth the jews ; for strife , and debate , and oppression , to smite with the ●ist of violence , &c. we laid on a formal plaister of reformation , but we never throughly searched the wound , nor purged out the putid matter ; yea we multiplied the corruption , and added hypocrisie to former iniquity ; the sins of war and violence , of inordinate revenge and cruelty to those of peace and luxury . i finde , the parliaments of england never thrived better , nor kept the publick in better health , than when those two excellent prayers ( lately reprinted ) which very gravely and plainly minded them of their duty in that place , were daily used among them ; which were much more significant , grave and pertinent , than such seraphick or rambling , and loose or odd expressions , as some men are prone to use either in their affected varieties , or in their tedious tautologies ; which have oft more in them of invention than judgment , and stick more upon fancy and faction , than conscience and the common good . certainly , where men are solemnly and jointly to ask of god the same proper blessings every day , they may very well use the same words , and petitionary formes , as christ did thrice in his agony ; for gods immutability is not weary of any holy constancy , nor delighted with any novelty , but that of a new heart , and new spirit , which i hope and pray he would give both the physicians and to the daughter of my people : that neither the later may be miserable , by not being well healed , nor the second blameable for healing onely slightly , and superficially ; which is the fault here laid to the charge of some persons , and leads me to the fi●t particular proposed ; namely , . they : that is , those publick persons , who of right ought , or in fact do , or in their action may manage the affairs of the church and state ; who have councels , power , and authority , interest , and influence , fit to advance the publick welfare ; by correcting the distempers , and reducing all to a due constitution of health . they : that is , . those princes or kings , judges and chief magistrates ; who being themselves vicious , or idolatrous , or hypocrites , or vain , ( turning piety into policy , and religion into reason of state ) not onely infect the people by the contagion of an impious example ; but are willing the people should be as bad as themselves ; that , for their enormities being followed by their subjects , they may seem less by the imitation ; and , as it were , approbation : kings that rule their people not by law and justice , but by will , and passion , more for their own pleasure , than the publick wellfare ; that are great oppressors , staying as well as ●lee●ing their people ; yea , breaking their bones , and eating their flesh : ruling men , not as rational creatures , of the same creator , nor as brethren in the same saviour , sons to the same father of their country ; but as meer slaves and vassals , forgetting , that every king hath a king in heaven above him , to whom he is subject , and must give account , not onely of the hurt he hath done , and the wounds he hath made , on the soules and bodies , the estates and consciences of his people , but also of their health , and good he hath left undone , when it was in his place , and power , like the sun in the firmament : or as a little god among men , to have been ( {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} ) a catholick good to church and state , that thousands might have been blessed by them in this world , and to eternity blessed god for them . not only the hands , but the mouths & eyes of princes are healing of their peoples evils , if they will but rebuke and reprove , frown upon , and discountenance evil doers . mens sins and accounts enlarge according as their influence and relations ampliate ; which carry their obligations with them , to god and man . great place and power are of all things most to be avoided , if they onely serve to aggrendise a man● sins , either of omission , or commission , for to augment his judgement , and eternal torment . ● . those subordinate counsellors , and inserior magistrates who are under the command of man , and more of god , these heal slightly , when they are not men of integrity , fearing god , and hating covetousnesse , but orafty complyers with the inordinate lusts and passions , with the illegal commands of either ▪ princes or people , contrary to their oaths : so by flattery , or faction , to make way for their ambition , and gain , by the undeserved favour of either , or dividing one from the other , by a most unnatural wa● and jealousle ; such as please man rather then god , and love themselves more then their country , or ▪ the church ; such as prefer their bodies and est●●es before their souls ; and put the healing● of the church , and true religion in the last place , or rear of affairs : and when they professe to heal the irreligion of others by severe acts and ordinances against adultery , s●earing , proph●nes● , debauch●ry , drunkennesse , corruption , injustice , &c. yet themselves are higher by the shoulders , than the most of the people in these and other enormaties : as if peers , or privy-counsellors , or counsellors of state , or parliament-men , had a priviledge to sin more , or to repent , and suffer lesse than other men . nothing weakens the credit and authority of any publick lawes so much as when the law-givers least observe them , or are the first that break them ; like physitians that prescribe strict diet to their patients , but themselves indulge all manner of epicurisme : here every one is prone to retort ; physician heal thy self : the best things are commonly done by the best hands ; religio medici , conscience is here required as well as his science : they will hardly do their country good , who care not , either to serve god , or to save their own souls . men should make conscience of private actions , much more of publique adventures , which are of grand consequence ( as the undertakings in war ) and not to be done rashly , slovenly , slightly , and indifferently . nor may publick counsellors , or ministers of state like achitophel think they do wisely , or safely , because they go with the vogue and stream of times , with the winde , and tide , or humor of some people , in their prevalent factions , discontents , and clamors , by which vote christ himself was crucified , mark . . common people in their paroxismes , or fits of discontent , like sick and pained patients , are ill dictators to their physitians ; who must advise better for them than they would for themselves ; else they will heal their hurts very slovingly , slowly , and ill-favouredly , to their own sin and reproach as well as others pain and charge ; nor is it enough for aarons excuse to say , the people are set upon mischief ; when they would needs have him make them visible egyptian gods , to go before them , under the figure of a golden calf , to be instead of their true and invisible god : publick persons , and honorable counsellors , ( as joseph of ari●●thea ) must not go ( quâ ●tur , sed qua eundum ) as peoples fury , or the prevalent factions drives them : but as the word of god , and the lawes of the land direct them ; else they shall beare not onely their one , but the iniquity of their people , who sin and suffer unwarned and naked , hurt and unhealed , upon the account of such cowardly counsellors , and corrupt magistrates , or ministers of state ; all whose wisdomes will come to nought ; and they will at length ( like achitophel ) be snared in the halters of their own twisting . . those priests and prophets ; those pastors and teachers , those bishops and presbyters , who are in publick place , and sacred authority , as to the things of god ; the matters of religion , and mens souls good : these heal slightly , when they do the work of god negligently ; when they skin over scandalous publique sins , ( as ely to his sons , with soft reproof ; when they sow pillows under princes , parliaments , and peoples elbowes , when they fear the face and offence of men , more than of god ; when they are workmen that need to be ashamed , their lives and actions confuting their instructions ; and their doing , making their doctrine to blush ; when they heal publick enormities or calamities by i know not what novel inventions , and magick spels of fine words : which are no better than the powder of a post ; compared to the approved catholick prescriptions of years , which were soveraign for clergy and laity ; to preserve order and unity ; soundnesse of doctrine , and ins●andalousness of manners in the church of christ , under christian kings and queens ( who were bountiful nursing fathers , and mothers , to the church of christ , and the clergy ) : yet not by the dominion and pomp , luxury and tyranny of bishops , nor yet by the factious and refractory humours of presbyters ; much less by the schismatick saucinesse of people , who cast off both bishops and presbyters ; but by the fatherly gravity , prudence , and eminence of godly and reverend bishops ; by the brotherly assistance , and son-like subordination of sober and orderly presbyters , by the service and obsequiousness of humble and diligent deac●●● ; and by the meek submission of christian people to the care , monition , councel , and respective superiority of every order ; as sheep to their chief shepherds , and their assistants , o● attendants . divide this chain of church-union , order and communion , in vain shall we talk of bealing the flock of its scabs and scratches , or hurts ; i confess , that i own , and ever shall do , primitive episcopacy with presbitery ; so that as st. paul speaks in another case , neither of them should be without the other in the lord ; neither of them oppressed or extirpated , but so regulated and incouraged , as i believe , all moderate and learned men desire ; if it be my fault and errour , that i prefer this holy and catholick composition before any other late simple receipts of church government , by which to heal any church ; truly i ow this my judgment to all the councils , to all the fathers , to all the church-historians , to be best witnesses of truth in all times , who have unanimously conspired to lead me into this opinion ; agreeable to the word of god , the example of christ , the practice of the apostles , and the parallel customes of all churches ▪ which is , besides , mightily confirmed in me by the misdom , piety , and prosperity of this church under good bishops , since its . reformation , which none in the world exceeded , for health and happiness , for sound and sincere christians , till some mens itching and scratching too much ( even till the bloud came ) ▪ and others , either not applying seasonable salves , or else sharper remedies than perhaps were necessary ( or prescribed by the wisdom of our church and laws ) have festred the ●urts and sores of religion , that they now feem almost incurable , till such ●●nds are by gods goodness applyed , and such medicines used , as are most proper for a sick ▪ and diseased church : which hands and medicines i cannot think ought to be secular , but rather ecclesiastick . such in a free synod of learned divines should , as a colledge of spiritual physicians , advise and prepare ; ( for there is as much need of calling for free synods , as free parliaments ) the want of the former g. naz. deplores as the occasion of so much faction and vexation in the church in his times . lay-men , though learned , able and honest , have enough to do in lay-matters . churchmen have nothing left them to do , as to secular councels , or state concernments , and therefore ought not to be excluded from their proper sphere , church affairs ; being the best skilled of any men ( else they are ill imployed in the things of god ) for the searching , supplying , and healing the hurts of the church , and true religion , in its doctrine , discipline , order , unity and authority ; that maxime is true of the clergy , as well as of other orders of men , unicuique credendum est in sua arte , every man is most to be credited in what he is most skilled . i am sure ( as to the point of physitians ) no people that are wise , and would be healed in good earnest , but are carefull to get the best and ablest , unless they undervalue their health and lives , and to save charges will venture to dye . fourthly , they ; that is , those souldiers and military men , chief commanders and others under them ; these heal but sleightly , when either they will be ( as the clowns all-heal ) the onely professors of state physick , and undertake all cures in church and state , or else they think and act , as if there is no such way to heal soundly , as to make greater wounds and bruises , by irreconcilable distance , preposterous power , and violent impressions , even on those that both commissionate them , and recompence them . they are iron heads , brazen faces , and stony hearts , who crye , that might gives right ; and all power is of god , ( though unjustly gotten , and so used against the word of god , and the laws of the land : such a commission the devil may boast of , as well as any evil doers , but little to the comfort of either : when mens will is their onely warrant in law , and sad successes their onely security in conscience ; when souldiers make their backs and bellies the commonwealth , putting their interest of pay and power into the ballance against all others , when they are but as the dust of the ballance to the weight of the nation , for numberand estates . when men of war know not the way of peace , but onely to avoid it , seeking to make themselves necessary by keeping the wounds open , and the sores raw of a nation ; pleading necessity and native liberty , and i know not what good old cause , or metaphysical godly interests , unknown to our lawer or fore-fathers ; and it had been happy if we never had known them . lastly , when military men are injurious , rapacious , and insolent , lovers of themselves more than of god or the church or their countrey ; when they look more to their guns , and pistols than to god or godliness , to their swords than to his word , and to the riddles of providence more than the rules of conscience : resolved to sacrifice the daughter of their people , as agamemnon did iphigenia , or jephta his , on the altar of the military interest . these will be smart and chargeable beatens of the hurts of the daughter of their people , when they shall be such as prepare wan●● against any that speak of peace , when such as esteem the speedy healing of their countrey , to the publick peace , to be their greatest hurt , when they grow so desperate , as they had as live be damned as fairly disbanded , though in order to the publick ease and tranquillity . when as no good souldier that either fears god or loves his countrey , or reverences the church , or hopes to save his own soul , but will most seriously strive to avoid the latter , and most willingly submit to the former ▪ without the sin of rebellion or mutiny , being content with his wages ; and more , that his sharp work is at an end , and no more need of cutting and lancing , remembring that it is not multitude , or power , or armies , or 〈…〉 that shall keep injurious and dissolute souldier● from the vengeance of god , when they have deserved it by such wicked counsels and actions , as cannot be carried on but with the devils maxime ( scelera sceleribus tuenda ) continued injuries and cruelties to the daughter of their people , to church and state , to their brethren and countrey men ; yea , to their fathers and posterity . but our hope is , that god hath by his sore rebukes and defeats of some ( who trusted too much in their swords & spears , in their own armes & their horses legs ) taught others more wisdome , justice and modesty ; yea , and stirred up such a spirit of christian valour , moderation and honour in some gallant souldiers of more just principles and nobler spirits , that they will not rest till they have put the hurts of the daughter of their people ( which are now chronick or inveterate , of many years continuance , and very deep , reaching from head to feet ) into such a posture of healing , and into such healers hands as may be best able and honest ; on which account as these souldiers ( who can do nothing against the truth and law , against church and state but for them ) will deserve great honour and rewards from the nation , and its parliaments full and free : so people must blame themselves , if they chase for healers or physitians such men as are neither for wisdom and skill , nor for courage or conscience , nor for honesty or vertue , nor for good example or reputation , or yet for wellgotten estates of any value , or publique interest ; nor ever probable to heal others , since themselves are sick and sore either of fear and guilt , or of schism and faction , or of superstition and sacriledge , or of rebellion and anarchy , or of the itch of novelty , and mange of popularity , or of the plague , of immorality and debauchery : from such healers , both civil , sacred , and military , so unhealed , so unwholesome , so infectious , so destructive to church and state , to law and gospel , to justice and religion , good lord deliver the daughter of my people . lastly , not only these unskilful , or unfaithful , or unwilling persons of publique influence , are blamable for not healing the hurts of a nation , when they have authority and opportunity as well as power : or for healing so slightly , that things are never the better , nay worse and worse . but further , there lyes no small sin and blame upon the patient , the people or community ; first , when they are not conscienciously careful , what physitians or surgeons they make choice of , and put themselves with their lives & estates , liberties and lawes , bodies and souls into their hands , but adventure upon every pragmatique emperick , and confident undertaker . next , when this is done commendably ( as truly i am prone to believe it was in the first elections of the long parliament , if they could have quietly kept tog●ther without tumultuating factions , and fatal divisions ) for people then not to acquiesce ( as they ought under god ) in their skill and honesty , onely following them with such modest petitions , as are necessary , and such complaints as are comely : also with their prayers to god for a blessing . but for the populacy , then to cluck into parties and conspiracies , according to the cunning of some agitators for novelty , and factors for troubles , then to break out into tumultuary rudenesses and seditious menaces , and at last to become dictators to their physitians , and like gonty feet to threaten the head and shoulders and hands , if they be not cured of their anguish after their own fancy , not after the rules of art and law of health : ● these are so far from being healers , that they are the greatest hinderers of their own and others publique health in the world ; yea , the venome and acrimony of these fretting and turbulent humors , sub●idy diffused among the divided vulgar , and by their means re-infused into the publique hurts and real grievances , cannot but strangly increase the malignity of distempers throughout the whole habit of the body ; which {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} pestilent and depraved state of the generality of the people , divided and distracted ( like demoniacks , or possessed ) with fears and jealousies , with envies and hatred , with hopes , and other unreasonable passions , is much harde●●o be c●red , and more dangerous to the publique than the disaffection or inflammation ; the discontent or ambition of any one part of the body , which is easily corrected or counter-ballanced with the antid●te , as it were of all other sound parts , which are far the major number . when therefore a s●ok nation hath done its duty in the choice of its ●●ealers ▪ the way is to ass●●● the honor and authority of those orderly physicians , not to suffer any intruding empyricks , or extruding mountebanks , by fraud or force to drive these away , that way may be made for their cruel activity and unsatiable gain ; it will prove an endless and costly cure , which permits it self to every one that hath a minde to be tampering ? the best way is , patiently to submit to their own parliamentary choice , and to gods dispensation by their means : in this way there is hope , if people can be still , they may see the salvation of god : patients will make mad work if they may controle and ●●dgel their physitians . although , it is possible that the crying sins committed in a nation may be such that no 〈◊〉 means can cure its sores , and ma●ms ; especially , if the noblest , and most vital parts of the body being cut off , or grievously w●●●ded , there be a clamor of blood unjustly ●●ied , crying to heaven for vengeance ; which vengeance if a nation will hope to escape , and be healed , they must be sure not to ad●pt the sin by after 〈◊〉 or 〈◊〉 ; but rather so publickly to 〈◊〉 ●● in 〈◊〉 of r●pentance , as it may not be imputed to the whole nation , and then posterity ▪ as the desp●ra●e 〈◊〉 〈◊〉 , his ●lood be upon us and our childre● , in the 〈…〉 ●● christs being put to death , by envy and faction ; by popular clamors , & state policies , when against all justice of god and man , yea , against the s●nce and conscience of pilate , none of the juste●● judges , he was condemned to dye , to gratifie a popular and military importunity ; to which some scribe● and pharises , hypocrites , together with some covetous and ambitious priests , had exalted the credu●o●s and cruel common people , who are pron● to 〈◊〉 in the tragick executions , and 〈◊〉 of their betters and superiours ; a● a kinde of victory over the others greatness , and a levelling of eminent honor to their own meanuess and ●a●eness . . but , ●t is now time for me , in order , to give way to the pains of my learn'd , and reverend success●● , and to avoid the tyring of your patience , at the first stage , when you are to g● a second ▪ ●● is time ( i say ) for me to bring up the ro●● , and to present you in the sixth particular , with the 〈…〉 s●●andi methodus , the true method of publick cures , of healing the hurts of the da●ghte● of my people , in church or state . for the precipitan● , preposterous , or presumpteous neglect of which , these medieasters are here blamed , reproached , and threatned by the spir●● of god ; with whose phila●thropy ( as with 〈◊〉 good man ) that politick and indeed pio●● ( because charitable maxime beares s●●y ; 〈◊〉 〈◊〉 suprem● l●x , the 〈◊〉 〈◊〉 the 〈◊〉 in all its integral members , and essential parts , as compacted by the constitution and order of the publick polity , is the supream law , rule , measure , and end of all just councels and honest actions , which aym at the health or healing of a nation . as {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} is {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , beauty is the due proportion of parts , with decent colour ; so {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} health cousists ( {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} in the harmony , and orderly constitution of all the humors , and parts of the body ; that nothing necessary for the well being of the whole be wanting ; that all grand defects be supplyed : that what is weak be strengthened , what is dislocated be restored to its place ; that there be no dividing of what should be united : that , what is divided be gently closed , and composed ; that there be no such redundancy , or overgrowing of any humor or tumor in any p●●● , as to rob and weaken others ; or to swell and exceed in themselves ; or to deform and inflame the whole . in brief , the true and safe method of healing effectually the hurt of the daughter of my people , is , . medicos optimos accersendo , by calling to her help wise and worthy physicians , ( as i have formerly touched ) ; men of skill and experience , of honesty and ability , of honor and conscience , who prize a publick good work above any 〈◊〉 ; and think it the highest temporal reward , to do their country good , in which they serve their god , and their saviour , the church and state . they must be physitians that are not by much study and practice run out to atheism ( as some corn in lasty ground doth to straw and halm ) but such as know what belongs to ( religio medici ) the piety of a christian , as well as the mystery of a physitian ; my meaning is , people must take special care in their choice of parliament-men , that they be not mechanick , or mercenary , or military obtruders of themselves , who have much to get and l●●tle to lose by troubles , whose fortunes and estates must be vampt and mended by their practice upon the church and state ; but such gentlemen of quality and repute , for wel-gotten and wel-used estates , that they may deserve to be esteemed heads and fathers of their tribes , and not the tails or posteriors , as the scripture speaks to the reproach of some publick persons ; such in whom the country may have sufficient caution and security for their love of justice , order , and peace , by what they have to venture and lose in tumults , wars and oppressions : commonly desperate minds attend desperate fortunes ; and the motto of such is quocunque modo rem , and oportet habere . the ( multis utile bellum ) hoped advantages , ( as lucan observes in the cesaria● , and salust in the 〈◊〉 , and appian in the other civil wars ) is the spark , fewel and bellows for the most part to civil perturbations ; private not publique interests are usually looked at . for how can it be that the full and sound parts of the body politique should hope to mend their condition by war , any more than men that are well , and not de●●rant or raving in a feavor and madness should by bruising , and beating , and cutting , and wounding themselves and all that are near them , expect to make themselves more strong , or more comely . § . . when the patient hath done himself so much right as to get good physitians , able and honest , for the publique care : their work is , first , morbum decernere , & vulnera , perserutari , to find out the true disease ▪ to search the wounds througly , and impartially , yet with as little pain and disorder to the patient as may be , with a clear and judicious eye , with a gentle but faithful hand , with a tender , but honest heart ; neither physitians passion , nor compassion , must divert them from doing their duty . § . it is the first step , and a good advance to health , to know truly what the hurts and disease is ; herein to be only conjectural , 〈◊〉 over-confident , or fearful , or perfunctory , or palliating , or complying , not daring to search and discover the ( pudenda vulnera ) shameful wounds , and ( lethales morbos ) deadly diseases , which are discerned in the patient , but with smiles , and fair words , with healing questions , with physical or anatomical lectures about government , as with lingering lenitives , and petty cordials , to supple and skin them over , to silence and smother them , with crying peace , peace , till we have done our work , which is to undo you and all men but our selves ; or for state physitians , so to regard by a superpolitick policy , the several partial novel and pretended interests , that have been or are on foot , as to take in among others , even that of the very disease , as if it were to be considered other ways than to be cured , as if it must be continued , tolerated and indulged , yea and fed as a wolf or cancer , in the body or brest , with good nourishment , least it prey upon the whole body . § . this is for physitians to be afraid , and overawed by the malignancy , and predominancy of the disease ; at this rate , ( grex totus in agris , unius scabie perit & porrigine porci ) the whole herd , or flock must be infected ; the patient will be like gehazi , condemned to an eternal plague and leprosie of civil dissentions and oppessions , of war , and its black consequences . physitians after this course must turn very fools , and become parasites to putrefactions ; if they dare not own , or cannot attaque either the sourse and head of the disease , or the streams and potency of it , what do they meet and sit and consult ( or rather constult ) together ? they had as good cast their caps , as thus lay their heads together , when they have no mind to do the work , nor courage to go through with the cure . § . not but that all great and noble cures ( not miraculous ) are the children of time and discretion ; for a while the sons of zerviah were too hard for david ; and solomon did not those acts of remarkable justice against joabs , and shi●eis , and abiathars factious priests , insolent soldiers , and cursed cursers , until the kingdom was strengthned in his hand ; but this is certain , as christ did not raise to life jarus his daughter till the minstrils were all turned out ; so nor can the daughter of my people be recovered to firm and sure health , till all pretended civil interests are by degrees , either satisfied , if just , or crushed , quashed and removed , if not consistent with our reformed religion , also with the laws of the land , and the fundamentals of our excellent government , which are the true principles of publique health ; and till all religious or ecclesiastical pretended interests are so tried and examined ( for many say they are jews that are not , and cry up their new church ways ; when they may be but factors for the synagogue of satan ; vaporing of christ , and the spirit , when they are antichrists , and full of unclean spirits ) till i say , all these , on all hands be faithfully reduced and subjected to the grand interest of god , and of our lord jesus christ , which consists in justice and true religion : the measure of the first is our laws enacted in full and free parliaments : the rule of the second are clear truths of scripture , which set forth the ( facienda ) morals necessary to be ●one by all to all men ; the ( credenda ) mysteries of faith necessary to be believed , also the special practiques of christian piety and charity , of worship and good works , which are to be exercised decently and in order by all christians in publick as well as private : till these be setled there is no hope of soundness or health in church or state . § . now of these things which properly tend to the health of the church , and the right constitution of religion in piety and polity , for doctrine , worship , discipline and government , i humbly conceive ( as the priests of old were by god appointed to be judge and physitian of the plague of leprofie ) the clergie or evangelical ministry are fittest men to discern the distempers , and to prepare those plaisters or applications , which by the sanction of the civil magistrate , may best be laid to the patient , or the parts affected . § . and here for any part to plead that it may have liberty or toleration for that , which by publique advice , and upon due search is found to be such as is prone to endanger , or disorder , and infect the whole body with that itch , and scab , or scalling humor , which that part pleaseth it self to scratch and scatter , this is such a presumptuous motion as ought not to be made by any patient , nor granted by any physitians , who have either justice or charity for the ( salus publica ) common welfare ▪ none inclining to those sad indulgences but they who have neither ability nor authority to cure the hurt and disease ; but must to their shame cry out ( morbus superat artem , & chyr●rg●●● vulnus ) the ill humors are too strong for the best physitians , and the ulcers conquer the chyrurgeons ▪ truly in such deplorable cases , where not the disease , but the physitians are desperate , as in the raging plague , the way is to shut up the doors of the physitians colledge , and the chyrurgeons hall , and write upon them in behalf of church and state ( miserere domine ) lord have merey 〈…〉 and for nothing remains in so deplored and desperate cases , where healers cannot or will not do their work ; but the prayers and patience of the poor patient , the miserable daughter of my people ; as in a state where either the disease is ( contemptor artis ) a despiser of all remedies ; or the patient is of nothing more impatient than to be well cured ; or the physitians are of nothing more afraid than to make too speedy and sincere a cure . thirdly , but if physitians of the daughter of my people are so blessed of god , and encouraged by the patient , that they may freely and do seriously apply to their work of publique healing ; they have but these main things to do . . noxia & morbifica purgare ; discreetly to facilitate , and constantly to follow the purging away of the most peccant and pestilent humors , which either are the main cause , occasion , or increase and continuers of the hurt and disease : here every presumptuous and prevalent sin , which is most spread among the people , is to be repressed by good laws , and the due execution of them ; when sins grow epidemical , and by the multitude of commiters either threaten or plead their impunity , they provoke god to punish what man does not ; he takes the matter into his own hand , when his laws moral and evangelical are openly and impudently broken . § . here it were good for physitians of church and state , in extraordinary diseases , long distempers , and obstinate hurts , admitting no cure , such ( as those of the daughter of our people ) are to make accurate search ( as joshua , and david , and the mariners in jonah did ) for what special cursed thing , or crying sins sake all this evill , this long storm is come on us , and still so continues for many years , as if there were no peace or calm to be expected ; no effectual physician or cure to be had , till those vipers teeth , or serpents stings be pulled out ; till then no balm in gilead will do us good . § . doubtless every honest englishman and good christian would be glad of health and peace to church and state ; whence then are our so dreadful wounds , so raging humors , and our so dilatory healing ? we must needs conclude ( as he did of the tares ( inimicus homo fecit ) an enemy hath done , begun , or augmented this evil : some whose bloody designs , and sacrilegious interests ( as achans and sauls ) are contrary to the word of god among us , and the vows or oathes of god upon us ; contrary to the principles of the protestant and reformed religion , which once so flourished in england , and contrary to the peace , honor and freedom of this nation , which some foraign and domestick policies would bring down as a dromedary on its knees , that it might at length , take upon his back the burthen of foraign tyranny and usurpation , of romish trumpery and superstition . § . hence no doubt are our distempers so horribly inflamed , our healing so cruelly protracted , our physitians so shamefully baffled , our body so wofully maimed ; hence our wounds are made so deep , and our abscissions so desperate , that ( according to achitophels counsel , to make the breach irreconcilable between absolom and david ) some things have been done to so high a rage and exorbitant indignities , and so intolerable injuries , without any authority from god or man , that they are not capable of full reparation , nor yet patient ( hitherto ) to bear such a measure of publick repentance or reparation , as are not only most just but most necessary for the appeasing gods wrath , and for the perfect healing of the nation , without which there can be no soundness of constitution , no compleatness of parts , no decency of motion in the body politick or ecclesiastick . nor will the wrath of god be turned away , but his hand stretched out still . § . here not only justice must be so done , to take away the guilt and curse from the nation of crying and notorious sins ; but also such penitent deprecations , and compensations as ( are possible , and ) may best expiate those horrid sins , which are and ever will be ( while unrepented , uncorrected , and uncured ) the maim and ulcer , the sin and shame , the defect and deformity ; yea , the consumption and death at last of the daughter of my people : for tragical judgements sooner or later follow tragical sins ; and presumptions bring a a nation to consumptions ; england will never be it self , till it doth it self this right , both in honor and conscience , in reason of state , and for the repute of the reformed religion ; from whose face such black and bloody stains must be washed if ever she will appear lovely to the world , and not as the whore of babylon , who was drunk as well as besmeared with blood . all the inventions and projects of making supplies and amends by some other commonwealth way , is no better than getting a wooden leg , or hands of clouts , instead of such as are natural ; or as ● bolster of g●ats hair instead of david : the body cannot have ease or orderly motion , or beauty and complexion , till every part is restored to its place , office and proportion . . when the venom and core of the main distempers is removed , the next work of a wise physitian and chyrurgeon , is , sana medicamina applicare , to follow the patient with wholesom medicaments , as are ( ) probata , approved upon the file of long experience , ( ) propria & specifica , as apt , proper , and specifick , as can be had , considering the genius and constitution of the patient ; also the original , continuance and progress of the disease ; cures are by contraries ; those medicines will most certainly help , which most encounter the principal causes of our maine disease ; and are proper antidotes , against the malignity of our sores . § . it is but the capricious and ridiculous conceit of some fine men who want employment , to send this now languishing state of england , and the other two adjacent , antient and united kingdomes , to mars his hill in athens , or to the lacedemonian sparta , or to the roman capitol , or to the venetian arsenal , or to the state-house of the low countries , and so to send the church to geneva , edinbrough , or amsterdam , as if we were churches or nations of yesterday , in our bibs and swadling clouts , to be dandled in the laps of such dry nurses , and this in order ( for sooth ) to learn some unwonted models of civil and ecclesiastical government , which like new garments will hardly fit , for they will be either uneasie because too straight , or unhansome because too loose . § . doubtless in governments , that scripture proverb of wine holds true , the elder is the better , if it have not lost its spirits , especially when not onely time and use , but great wisdome had proportioned it to the true interests of the nation , and of all estates in it , which follow much the genius of the people , if they be either soft , slavish and pesantly , as in some countrys , or robust , manly , and generous , as in england ; the first will easily croutch under any burthen , and truckle under any prevalent power ; the second is hardly contained in any bounds but those that are soveragine , and imperial , by way of monarchical , yet legal majesty , which having something in it neerer the divine idea , than any other way of government , by the perfection of wisdome guiding power , and power assisting wisdome , is onely fit to govern those nations , whose high spirits are impatient to be ridden by their equals , much more ▪ to have their inferiours to become not only their rivals , but superiours . when the cappadocians had leave to be a province , or popular state , under the roman empire , they refused the freedome , and craved the favour of having a king to rule them , as they ever had , time out of mind , professing the temper of the people was such , that they would not be subject to any , but those in whom majesty was so concentred , by the laws and customs of the nation , that they could without shame and disdain , pay an homage as subjects to them . § . herein experience hath been , and will be our teacher ; but then it will be and hath been as hippocrates begins his aphorisms , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , a costly , painful difficult and dangerous experiment , and if at last it do not fit the genius temper and desire of these nations , so as to ease them of their terrors and vast charges of civil war , to free them of the fear of enemies at home , and abroad , to settle them in such peace and plenty , as many yet remember they injoyed before the flood of our civil wars , to open the obstructions of trade , and those veins of industry , by which the body is maintained , by the secret circulation of commerce , as of the blood ; if all these symptomes , concomitants , or effects of health , do not follow the essayes of new formes of government , alas what do we all the while , but keep the daughter of our people upon the rack of paine and expence , using a kind of a state strappado , by which to bring the armes to hang backwards , rather than forwards , so as they can neither lift up themselves to their head , nor yet defend and help the body or themselves , so by a dreadful convulsion , to bring all things of antient order , honor , and beauty in the nation , to the distractions and deformities , which must needs attend such novelties as are not proper for the publique , nor practicable without continued force , and endless charge . . their healing medicines must be plenaria , & catholica , such as may in time do the work compleatly , yet with leisure and discretion ( for momentary cures , are onely miraculous , ) so as carefully to preserve the good spirits und humors , to strengthen the sound parts yet remaining , to follow the grand crises of the disease , and the indications of health , which way evil humors are easiest discussed ; breathed out , or purged , still conserving the two main principles , pillars , and supports of health , life and subsistence in the body politique , the radicale humidum ( as i call it ) which is plenty , by trade and industry , that there be no crying out , nor complaining , by those whose mouths cannot eat if their hands be idle . . that calidum radicale , the sacred fire , or celestial flame , which prometheus is said to have kindled in mankind , which shines in reason and religion , in justice by good laws well executed by magistrates , and in devotion by the holy publique worship of god , solemnly discharged by able and autoritative ministers ; both which are the grand designes of good learning , which is the souls school for improvement and education , during its minority or absence from its fathers house , till it comes to vision and fruition , which sets it beyond all learning , but that of the fathers glorious example . § . no civil laws can be wholesome for the publique which do enterfeer with true religion ; which either rob god , or his church , or his vicegerents , and ministers , or his poor , of what is their due ; nor can any ecclesiastical laws be healthful , which cross the civil laws , and authority , so , as to bring in licentionsness , injuriousness , rebellion , or any thing that is for doctrine fanatick , or for practice injust and immoral , all which like poysonons touchings , or unwholesome feedings , are destructive to the publique health . § . the perfect healing of the church and religion , as christian and reformed ( whose divisions , hurts and deformities are many ) will hardly be done without calling those spiritual physitians together , after the primitive pattern in ecclesiastical synods or national councils , who are best skilled in the true state of health , in the nature of the diseases , and in the aptest remedies , which in religion ought to be very humane and charitable , convincing with meekness of wisdom , and healing as much by prayers and tears as by reasonings and perswasions . i confess i cannot see how a committee of parliament for religion is proper for this work , further than to be {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} ; the promoters of it , when put into fit hands of able ministers . § . herein , the first grand work is to bring us to be again one national church ; from which honor and happiness we fell as lucifer from heaven , when some mens ambition affected to make the chief magistrate of a commonwealth to be similis al●issimo , as high as the highest in three kingdoms , which unity of this church , those have sought most subtilly to divide , whose interests and purposes was to destroy it ; that by balancing of parties they might better keep up themselves , as dancers on the rope are wont to do . this restoring of the church to its pristine unity , is to be done by such an harmony of doctrine , as may be publickly owned and confessed , by such an uniform way of worship , as shall be publickly recomcomended and eneouraged ; by such an authoritative and orderly church government among bishops , presbyters and people , as may carry on the discipline of the church , for ordination and censure , with gravity and honor , with piety and charity , redeeming both holy things , and the ministers of them , from that vulgar insolency and plebeian contempt , under which they are fallen and have long lain , either by their own indiscretion , levity and divisions ; or by the petulaney , force , or fraud of others , whose aim is to have no presbyters as well as no bishops , yea and no churches of the reformed religion . § . that lenitive of equanimity , forbearance , and moderation , in respect of consciencious dissenters from the publique consent , customs and constitutions in the church ( which christian charity requires , and publique peace with safety may bear ) will best be prepared and applied , when we fully see what is noxious , malicious and intolerable ; what is only inconvenient , and imprudent , or infirm , and venial in mens opinions and pretensions ; to be sure such a wise method may be used , and such a course taken , to have able ministers , and honest magistrates concur in their judgement and joynt endeavors , that the justice of the one , and the gentleness of the other ; the ability and sanctity of both in their places and performances , may be such , as shall render the established religion so venerable and conspicuous as will in a few years draw all sober men to it , when they shall see nothing in it , but what is for the main conformable to gods word , and necessary either for the being or wel-being of humane and christian societies . § . as civil , so ecclesiastical hurts are best ( that is , soonest , easiest & surest healed ) revertendo ad leges bonas & antiquas ) by returning ( as the wounded hart to dictamnum ) to those laws and canons wch are not therefore ( bonae quia antiquae ; but therefore antiquae , quia bonae ▪ in which the aequum , & unum , & bonum make the vetustum ) their verity , equity and piety gave rise to their antiquity ; and their antiquity gave reverence and solemnity to their equity or goodness ; t is certain , there can be no compleat health in the body till every part , every limb , every vein , every vessel doth its office in due time and place ; irregularities must be rectified , defects supplied , excesses repressed , ill humors purged , and all reduced by law to good order . § . a blessed work , and to be done with as much moderation and gentleness as the fidelity of the cure will permit , and the spreading of the disease doth require ; wherein many parts may by weakness or by nearness to the ( fons morbi ) the first peccant or ill affected part , have contracted sad distempers ; which will easily be cured of their anguish if the evil neighborhood be mended : here generous and gracious remissions are just and christian , to misled multitudes , and to such whose penitent errors shew they were not of malice , but credulity and mistake , who are more zealous now for health , than ever they were to be debauched and disordered , so much to their own and the publique affliction . § . acts of pardon , amnesty , or oblivion , are excellent lenitives , ( publico bonotam publicae quam privatae simultates & injuriae sunt condonandae , to pardon as well publique as private losses and injuries to the publique peace , to interpret the intent and meaning of either side to have been good , who persist not in evil ; the zeal of some to maintain their loyalty to the king , for which they thought they had the clearest commands of gods laws and mans ; the zeal of others , to preserve the lawful priviledges , and fixed authority of parliaments , against any thing , that by violent overthrowing of those , must needs hazard the overthrow of all ; possibly neither of these parties might be so bad or blameable , as to the first intentions , but that they may easily be reconciled in the medium which both first professed to intend , namely king and parliament , setled laws and established religion ; if this had been kept to , the quarel had been soon ended in church and state ; the misery was that by jealousies and misunderstandings , the passions and transports of both sides , might so overbear them , as to occasion those sad conflicts and consequences upon both , which neither of them at first intended , but deprecated and detested ; mean time while humors were in motion , new and unexpected diseases got head , under the name of interest of state , of liberty and common equity , which had no law , little reason or religion . § . so , between the episcopal , presbyterian , and independent parties , much of the acidness and sharpness of the humor would be allayed , if this poltice of charitable censure and interpretation were applyed one all sides that the first did but aim to maintaine the order and eminency of presidential episcopacy , which was so universal , so antient , so primitive , so apostolical , and so prosperous in the church of christ ; the second designed onely to bring episcopacy to such a paternal temperament with presbytery , that the whole clergie of a diocess , and the concerns of religion , might not be exposed to one mans sole jurisdiction , without the such joynt counsel , consent and assistance of ministers , as is safest for bishops presbyters , and people ; the third of independents ' or congregationists , which seemed to stickle for ' the iuterests of people in religious transactions , where their souls are so much concerned , what minister they have , and how both he and others of their congregation behave themselves , either to the edification and comfort , or the scandal and grief of that part or members of the church , with which they actually congregate and communicate . it seems but agreable to the ancient usage of the churches of christ , in st. cyprians , tertullians , and ireuaeus his time , that no publique transactions , much less impositions , touching religion , should be made , without fairly aquainting the clergy and christian people too with the grounds and reasons of them , that church-government , might not seem to be a tyranny , or an arbitrary and absolute domineering over the faith and consciences of christs flock , but a mutual and sweet conspiring of the shepherds with the sheep , to make each other happy ▪ in truth and love , by orderly authority , and due subordination . § . i should be glad to see the beams of this candor , this kindness , this charity , shine in all faces from all sides , that the shiboleths of different dialects and designes , the carnal and unhappy discriminations of i am of paul , i of apollos , and i of cephas , might be laid aside , by being all for and of christ , who is not , and ought not , and cannot , ether truly in himself , or comfortably as to any christians and churches be divided ; let all , like straight lines from the several points of the circumference , be drawn true to the centre of gods glory , the publique peace , and the good of souls ; no doubt we shall by meeting in those , come so nigh to each other , that all will rejoyce in the harmony and concurrence , who do not seek the ruine of this church , and the reformed religion ; and indeed the differences of honest protestants are but small , compared to the bonds of union in which they do agree , as to doctrinals , morals , and essentials ; nor are we hard i hope to be reconciled as to prudentials , if we could meet freely , debate soberly , and submit humbly to the publique votes and results of the major part of parliaments and synods , without which submission , all counsels , and all government , depending upon suffrages , must needs be vaine , and dissolved either into tyranny or ataxy , as the learned grotius observes , in his batavick history , ( restat ut pauciores pluribus cedant ; hoc uno stant populorum imperia , aliter casura . ) § . to conclude , let every one keep in gods way , which is the way of peace and holiness , of duty to god and man let good christians entertain good thoughts , and give good words to each other ; good ayre conduceh much to recovery ; uncharitable speeches , and sinful courses ( which are but halitus diaboli , the breath of the divil , or the exhaltation of our own foul hearts , or the eructations of hell ) render the very aire , in which men live unwholesome , and the very senates or synods , where such men meet , grow infective by foul lungs and putid breaths . § . let us privately mourn over the daughter of our people for the hurts , which our sins have either first inflicted on her , or deserved for her , or festred and inflamed , or at least hindred from healing , by childish peevishness , or popular pertinacies , or sinister designs , or politique jealousies ; lay these aside , the work of healing will go on ; for not outward applications so much , as inward sound principles and honest perswasions do heal ; as the outward plaisters and unguents or balsoms do not heal wounds by adding any matter to the part , or the whole , but healing flows from an internal native principle , so soon as the noxious humours are purged , and the proud or dead flesh removed , which hinder the closure of parts , and the digesture of good supplies . § . lastly let us in patience and prayers possess our souls , and wait for the saving health of gods salvation , who can best ordain peace for us , who hath smittenus , and only can heal us , by allaying and composing , the spirits of honest-meaning men , by making them to be of one mind , by suggesting good counsels , which no passions shall stop , or private interests prevent , by shewing us the way of peace , and guiding us in it . it is time for us to accept of the long punishment god hath inflicted on us ; take heed ( like king ahaz ) of sinning more and more in our affliction , by adding drunkeness to thirst , confusion to rebellion , and desolation to division . § . do not listen to those charmers and cheaters who will pretend you are healed , or the daughter of your people is not hurt , or she is much mended , or she is not to be cured but only in those ways which their popular , partial , tumultuary , bloody and violent heads have invented , practised , & pursued to the into lerable charge & anguish of the nation . § . if it be publique , perfect peace ; peace ( as some have pretended ) if she be indeed healed , whence are those ( moribundae palpitationes ) deadly pantings and fainting fits into which she falls so oft ? what means the running issues , the putid sores and purulent matter which daily is vented in such pamphlets of scurrility , and papers of discontent as shew the fedity , pain and shame of our times and nation ? what a scorn and derision , what a hissing and ashonishment is she become at home and abroad , by the impatience and contempt of those useless , yea hurtful means which some empiricks have rudely applied , and variously tampered with ! § . ask all parts of the body politick if they be yet healed ; what an asthma or difficulty of breathing have we had since the breath of our nostrils hath been oppressed as to that order and government , that soveraign publique honor and highest authority which belongs to the nation , as its crown and glory , no less than those properties , liberties and laws , or that industry , peace , and security , which are due to every private honest man ! § . ask the nobility , and peers if they think themselves yet healed of the wounds which some of their honor 's received in iezreel , when they gave themselves the first great blow by separating their spirituals from their temporals , and instead of grave , venerable bishops ( who had for many hundred years sate in parliament as patres & pares to counsel with them ) they submitted their honors to such presbyters as affected to be not only their confessors but their dictators ! § , ask the gentry and commons in parliament , if they are yet fully healed of the hurts which first tumults and afterward mutinies with armed force have made on them . § . ask the generality of the clergie or ministers ( that are truly such ) if they are healed of the hurts which schism and heresie , prophaness and licenciousness , sacriledge and ataxy , contempt and confusion , inordination and new ordinations have made upon all holy orders and offices , upon all publick duties of religion and devotion : particularly , ask those poor , but worthy ministers ( who flagrante bello , & in cautelam ) were by way of caution ( ne noceant ) or by way of castigation ( quia nocuerunt ) for some light offences sequestred from their livings , and after silenced from all officiating ; whether their punishment which was greater than their sin be yet taken off ? whether their first sequestration be not made a total and final deprivation of all livelihood ; and their purgatory become an hell , out of which is no redemption by a summa justitia , which looks like summa injuria . § . ask the whole people , when their representatives or deputies meet , as their mouthes , whether they are healed , or have any hope to be healed of those stabs and wounds which oaths and covenants , and cross engagements have made upon their souls ; by either ill taking the latter , or ill keeping the former ▪ which were thefirst just and lawful ones , which no pope or people can dispense withal . ask all degrees of men whether they are healed as to their laws , liberties , properties , peace , plenty , estates and trade , except it be very slightly , or whether they expect to be soundly healed till such methods of healing are taken by wise , honest , impartial , authoritative , free and unanimous physicians , as may bring them to those tried and good applications , both for diet and physick ( both repenting what hath been done amiss , and returning to do what is just ) by which they enjoyed health so many years , without any considerable aches or pains , which was easily and speedily remedied , by the justice and discretion of honest physitians , compleat and conscientious parliaments , with a learned and godly synod . § . you know the unanimous cry and vote of far the most and best people of the nation is for healing , which shews that they do not yet finde themselves healed ; the cries and complaints of poor and rich , of great and small witness , we are not yet healed : all testifie this so loudly in cities and country , that none contradict it , but those who ( as sylla's lice , or herods worms ) feed on our soars , and hope to make a prey of church and state , of our bodies , estates and souls by continuing the hurts , putrefactions and miseries of both . § . whose cruel policies and impressions i hope the mercy of god by the valour and wisdom of godly men , will speedily ( if our sins hinder not ) frustrate and defeat , when they see , that next our sins , the instruments of all our miseries have been fanaticorum spicula , jesuitarum venen● tincta : fanatick darts and arrows , dipt in the jesuites poison . § . my only ambition and design in this freedom of my speaking to you , is , to help to heal and close hurts , and to arm you against them for the time to come . t is high time for every honest heart to make use of a discreet tongue , pathetically to set forth with the prophet the hurts of the daughter of his people , to cry mightily to heaven and earth , to god and man , to honest counsellors and just commanders , to give us leave to use , or in pity to put us into such hands , and such ways as may effectually and speedily heal us , and not by a supine silence and sottish slavery suffer our selves , and our posterity to wallow in our sanies or putid effluxions , or to sit for ever on a dunghil , like job , scraping our sores with potsheards , and there is none to help us . § . we do not desire to be happier than our religion and laws would make us , and did so before might affronted right , and force cut the sinews of justice , to put us off with fine words , ( godly phrases ) and saraphick fancys of cures , beyond the proportions of this mortal condition , as if we must all be healed to angelick perfections , and setledby mathematical ballancing of a common-wealth , or a church , beyond all humane infirmities , or worldly vicissitudes ; these are but the phil●ers and delusions of those who meditate nothing less than a speedy and honest healing ; to which if my freedome used this day may any way contribute , who am ( i thank god ) exempted from base fe●●s or flatteries of any man , i may hope that it will not onely be pardonable but acceptable to you , as from one that hath no designe so upon his heart ( next the saving of his soul , ) as to see , before i dye , the salvation of god in the right healing of the hurts of the daughter of my people , both in church and state ( whose welfares are unseparable . ) for this end i have now preached to you upon your desire , and shall ever pray to god , the father of our lord jesus christ , and saviour of his church , that after the many publique troubles we have for our ●ins seen and suffered to our sorrows , at length the waters may be so moved , by some good angel , that the daughter of my people may be effectually healed , ( by a soveraign and celestial influence ) of what ever disease or hurt she hath , either in church or state ; and this for jesus christs sake , to whom with the father and blessed spirit , be everlasting glory . finis . notes, typically marginal, from the original text notes for div a e- the preface or address . the difficulty and danger of the work . touchiness of times . ossre● speaking in preaching . offence easily taken from free preaching tim. . . prov. . h●re●t freedom is best . ci. ron . . . isa. . ● . ● pre●en l●●s to pe●ce ●nd h●al●● . mark . . . the scope or design of the text . hurt of a nation not fatal and incurable . ●er . . . ier. . . the hope and expectation of this day for our healing . m rk . ● . . division in six parts . the patient or diseased and hurt daughter of my people . as related to god . as related and indeared to the prophet the importance of the title . the daughter of my people . fertility . rom. ● . . tenderness and indulgence ▪ sympathy in god and the prophet . ier . ● sam. . of the love due to our countrey . ier. . lam , . ier. . . the heathens compassion & courage for their country . our country is both our mother and daughter . isa. ezek. ● . the dangerous and desolate estate of a nation deprived of her true fathers . isa. . . conclusion of the first part of the text . of ●●bred hur●s or distempers . hurts by ●eduudancy of humors civil hur●s or bod●ly diste● pets by injustice . of violent rapes committed on the daughter of my people . . spiritual hurt● . . as to religion . . hurts as ●o good learning acts. . . publick hurts from sins predominant and unpunished . ier. . . isa. . : hos. . . ier. . and . . hurts f●● sin by gods inflicting . ier. . . prov. . . chron. . ier. . . and . . psalm . . . isa. . . and . . ier. . . and . . there is good in the evil of punishment out-wards . the worst hurts are unseen and unfelt . hos. . . ier. . . hos. . . ier. . , . d●ut . ● a●● . acts . . isa. . . ier. . . isai. . ● . . part . the pretended healing king. . ier. . . the craft of these empirick . acts . . jud. . . the confidence and cruelty of false hearers . isa. . . ioh. . . ioh. . ● . mat. . . isa. . . rev. . ● . the honour of parliaments when full and free . isa. . . the lye or fallacy of healing slightly . the ●●●ud of su●h . their character . tim. . , . despair of cure by them . their monopoly of healing . jer. . ●● . impo . ●o●● provoke to just impatience . isa. . . character of true healers . psal. . . isa. . . isa. . . exod. . . james . luke . . isa. . , . james . . isa. . , , . micah . . zach. . . isa. . . isa. . . ezek. . . particular instances of slight healing . . by unskilfull undertakers to heal . tim. . . prov. . . . by unfaithfull . isa. . . jer. . . tit. . . isa. . . cor. . lopes was phisitian to q. elizabeth and suborned to poison her . cambden . when transported with passion and opinion . jer. . . isa. . . the {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} or transport . . when they too much intend petty symptomes , and neglect the main distempers . the slight healing by taking away the liturgy . grand neglects , and petty severity . . by immoderate and dilatory tamperings . of curing the hurt of monarchy by democracy , and episcopacy by presbytery . of medicines become maladies . the lubricity and subtilty of ill humors . of violent wayes of healing . gen. . . prov , . . judg. . . slight healers by new inventions and unexperienced applications . law the most healing . ier. . . healing by charmes and parliaments . ier . . isa. . . mat. ● . . the spo●les of those egyptians . is● . . ● . sam. ● . . rom. . . isa. . . exod. . . numb. . . . slight healing ●●r want of constant● application of good prescriptions . chron. . ● for too much trusting to physitians . isa. . , of patients idolizing their physitian . eccles. . . psa. . ▪ and . : psa. . . ier. . . isa . . parliament prayers , in a book called the ancient 〈…〉 prayers of the church . . the persons charged for slight healing . kings and soveraign princes slight heaven . ep● ▪ . , . pro. . , . mic●● ▪ . , . counsellors and subordinate magistrates slight healers . exod. . . gal. . ▪ luke . . exod. . . luke . . ezekiel . cor. . . sam. . priests and prophets , pastors and ministers slight healers . sam. . . ezek. . . the harmony which ought to be in the church , in order to healing . of ecclesiastical council , or free synods . souldiers and commanders slight healers . the present hope of better things from souldiers . cor. . ● the patient blamable for its own slight healing . by not ▪ carefully applying to good physitians . by popular conspiracies against them . the danger of popular distempers . peoples due regard and submission to their right physicians , full and free parliaments . some sins may keep the hurts of a 〈◊〉 ●●cur●●● . 〈…〉 . . part. . the true method of sound ●ealing . by putting themselves into the hands of good physicians , able and honest . the physitians right discerning the disease and throughly searching the wounds . of fainthearted , foolish , ●alse and flattering physitians . matth. . . rev. . . healing of the church and religion . lev. , & . of scandalous toleration in matter● of religion . the practice o● sincere and speedy healing ● . to purge a. way what is noysom . psa. matth . . . to apply such who e●om medicines as are tried and p●oper . m●dels of new governments ●heal not . luke ● . . government must fit the genius of people . novel essays of gōvernment dangerous . to apply catholic● a●d compleating medicines . psal. . of ecclesiastical synods to heal a church . acts . charitable ration . civil hurts healed by recourse to the laws . of i ni ives and moderatin in healing acts of oblivion . pet. . charity and candor among christians . cor. . and ● , lib. . p , ▪ follow holiness , and peace will follow . mourn for sins pray with patience . isa. ● ▪ isa. . lev. . chron. ● . beware of false healers . appeal to all esteats whether healed . the sence of the nation . necessary freedome to speak of our hurts ▪ pristine health was best . good words ●eal not . two discourses lately revievv'd and enrich'd by the author one, the pre-eminence and pedegree [sic] of parlement, whereunto is added a vindication of some passages reflecting upon the author in a book call'd the popish royall favorit, penn'd and published by master prynne ..., with a clearing of some occurrences in spayne at his majesties being there, cited by the said master prynne out of the vocall forrest ... : the second, englands teares / by james howell ... pre-eminence and pedigree of parlement howell, james, ?- . approx. kb of xml-encoded text transcribed from -bit group-iv 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(eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) two discourses lately revievv'd and enrich'd by the author one, the pre-eminence and pedegree [sic] of parlement, whereunto is added a vindication of some passages reflecting upon the author in a book call'd the popish royall favorit, penn'd and published by master prynne ..., with a clearing of some occurrences in spayne at his majesties being there, cited by the said master prynne out of the vocall forrest ... : the second, englands teares / by james howell ... pre-eminence and pedigree of parlement howell, james, ?- . howell, james, ?- . englands teares for the present wars. [ ], , [ ], , [ ] p. : ill. ... by richard heron, printed at london : . "englands teares for the present wars" has special t.p. and separate paging. reproduction of original in huntington library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng prynne, william, - . -- popish royall favourite. howell, james, ?- . -- vocall forrest. england and wales. -- parliament. great britain -- politics and government -- - . - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion two discourses , lately revievv'd and enrich'd by the author . one , the pre-eminence and pedegree of parlement . whereunto is added a vindication of some passages reflecting upon the author , in a book call'd the popish royall favorit , penn'd and published by master prynne ; wherein he styles him , no friend to parlements , and a malignant , pag. . with a clearing of some occurrences in spayne at his majesties being there , cited by the said master prynne out of the vocall forrest , whereunto the collaterall landskippe refers . the second , englands teares . by iames howell esq r one of the clerks of his majesties most hon ble privy-councell . printed at london according to order , by richard heron. . the printer to the reader . reader , these two discourses , one , the pre-eminence and pedegree of parlement , the other englands teares , i present again to your view : they went abroad singly before , but i have conjoyn'd them now in one peece , for your better accommodation . they have bin surreptitiously printed in oxford , and els where , but mistaken in divers places ; they come forth now , not only corrected , but enrich'd by the authour himselfe . when they were expos'd first to the world , they found extraordinary good acceptance , and have been very much sought for since , as well for the richnesse of the stile and matter , as for the gallant worth of the author , which is so well known at home and abroad . r. h. to my worthily honored friend , sir w. s. knight . sir , i have many thanks to give you for the book you pleased to send me , called the popish royall favorite ; and according to your advice ( which i value in a high degree ) i put pen to paper , and something you may see i have done ( though in a poore pamphleting way ) to cleare my selfe of those aspersions that are cast upon me therein . but truly sir , i was never so unfit for such a task ; all my papers , manuscripts , and notes , having been long since seized upon and kept from me . adde hereunto , that besides this long pressure and languishment of twenty three moneths close restraint ( the sense wherof , i find hath much stupified my spirits ) it pleased god to visit me lately with a dangerous fit of sicknes , a high burning feaver , with the new disease , whereof my body as well as my mind is yet somewhat crazie : so that ( take all afflictions together ) i may truly say , i have passed the ordeal , the fiery tryall . but it hath pleased god to reprieve me to see better dayes i hope ; for out of this fatall black cloud , which now oresets this poore island , i hope there will breake a glorious sun-shine of peace and firme happinesse : to effect which , had i a jury , a grand-jury of lives , i would sacrifice them all , and triumph in the oblation . so i most affectionately kisse your hands , and rest your faithfull ( though afflicted ) servant , iames howell . from the prison of the fleet. the pre-eminence of parlement . sectio prima . i am a free-born subject of the realm of england ; whereby i claim as my native inheritance , an undoubted right , propriety , and portion in the laws of the land ; and this distinguisheth me from a slave . i claim also an interest and common right in the high nationall court of parlement , and in the power , the priviledges and jurisdiction thereof , which i put in equall ballance with the laws , in regard it is the fountain whence they spring ; and this i hold also to be a principall part of my birth-right , which great councell i honor , respect , value , and love in as high a degree as can be ; as being the bulwark of our liberties , the main boundary and banke which keeps us from slavery , from the inundations of tyrannicall rule , and unbounded will-government . and i hold my self obliged in a tye of indispensable obedience , to conform and submit my self to whatsoever shall be transacted , concluded , and constituted by its authority in church or state ; whether it be by making , enlarging , altering , diminishing , disanulling , repealing , or reviving of any law , statute , act , or ordinance whatsoever , either touching matters ecclesiasticall , civill , common , capitall , criminall , martiall , maritime , municipall , or any other ; of all which , the transcendent and uncontrollable jurisdiction of that court is capable to take cognizance . amongst the three things which the athenian captain thank'd the gods for , one was , that he was born a grecian , and not a barbarian . for such was the vanity of the greeks , and after them , of the romans , in the flourish of their monarchy , to arrogate all civility to themselves , and to terme all the world besides barbarians : so i may say to have cause to rejoyce , that i was born a vassall to the crown of england ; that i was born under so well moulded and tempered a government , which endows the subject with such liberties and infranchisements that bear up his naturall courage , and keep him still in heart ; such liberties that fence and secure him eternally from the gripes and tallons of tyranny : and all this may be imputed to the authority and wisedome of this high court of parlement , wherein there is such a rare co-ordination of power ( though the soveraignty remain still entire , and untransferrable in the person of the prince ) there is such a wholsome mixture 'twixt monarchy , optimacy , and democracy ; 'twixt prince , peers , and communalty , during the time of consultation , that of so many distinct parts , by a rare cooperation and unanimity , they make but one body politick , ( like that sheafe of arrows in the emblem ) one entire concentricall peece , and the results of their deliberations , but as so many harmonious diapasons arising from different strings . and what greater immunity and happinesse can there be to a people , than to be liable to no laws but what they make themselves ? to be subject to no contribution , assessement , or any pecuniary levy whatsoever , but what they vote , and voluntarily yeeld unto themselves ? for in this compacted politick body , there be all degrees of people represented ; both the mechanick , tradesman , merchant , and yeoman , have their inclusive vote , as well as the gentry , in the persons of their trustees , their knights and burgesses , in passing of all things . nor is this soveraign surintendent councell an epitome of this kingdom only , but it m●y be said to have a representation of the whole universe ; as i heard a fluent well-worded knight deliver the last parliament , who compared the beautifull composure of that high court , to the great work of god , the world it self : the king is as the sun , the nobles the fixed stars , the itinerant judges and other officers ( that go upon messages 'twixt both houses ) to the planets ; the clergy to the element of fire ; the commons , to the solid body of earth , and the rest of the elements . and to pursue this comparison a little farther ; as the heavenly bodies , when three of them meet in conjunction , do use to produce some admirable effects in the elementary world : so when these three states convene and assemble in one solemne great iunta , some notable and extraordinary things are brought forth , tending to the welfare of the whole kingdom , our microcosme . he that is never so little versed in the annales of this islle , will find that it hath bin her fate to be four times conquered . i exclude the scot ; for the scituation of his country , and the quality of the clime hath been such an advantage and security to him , that neither the roman eagles would fly thither , for fear of freezing their wings ; nor any other nation attempt the work . these so many conquests must needs bring with them many tumblings and toffings , many disturbances and changes in government ; yet i have observed , that notwithstanding these tumblings , it retained still the forme of a monarchy , and something there was always that had an analogy with the great assembly the parlement . the first conquest i finde was made by claudius caes●r ; at which time ( as some well observe ) the roman ensignes , and the standard of christ came in together . it is well known what laws the roman had ; he had his comitia , which bore a resemblance with our convention in parlement ; the place of their meeting was called praetorium , and the laws which they enacted , pleboscita . the saxon conquest succeeded next , which were the english , there being no name in welsh or irish for an english man , but saxon , to this day . they governed by parlement , though it were under other names ; as michel sinoth , michel gemote , and witenage mote . there are records above a thousand years old , of these parlements , in the raigns of king ina , offa , ethelbert , and the rest of the seven kings during the heptarchy . the british kings also , who retaind a great while some part of the isle unconquered , governed and made laws by a kind of parlementary way ; witnes the famous laws of prince howell , called howell dha , ( the good prince howell ) whereof there are yet extant some welsh records . parlements were also used after the heptarchy by king kenulphus , alphred , and others ; witnesse that renowned parlement held at grately by king athelstan . the third conquest was by the danes , and they govern'd also by such generall assemblies , ( as they do to this day ) witnesse that great and so much celebrated parlement held by that mighty monarch canutus , who was king of england , denmark , norway , and other regions years before the compiling of magna charta ; and this the learned in the laws do hold to be one of the specialst , and most authentick peeces of antiquity we have extant . edward the confessor made all his laws thus , ( and he was a great legis-lator , ) which the norman conquerour ( who liking none of his sons , made god almighty his heir , bequeathing unto him this island for a legacy ) did ratifie and establish , and digested them into one entire methodicall systeme , which being violated by rufus , ( who came to such a disastrous end as to be shot to death in lieu of a buck for his sacriledges ) were restor'd by henry the first , and so they continued in force till king iohn ; whose raign is renowned for first confirming magna charta , the foundation of our liberties ever since : which may be compar'd to divers outlandish graffs set upon one english stock ; or to a posie of sundry fragrant flowers ; for the choicest of the british , the roman , saxon , danish , and norman laws , being cull'd and pick'd out , and gathered as it were into one bundle , out of them the foresaid grand charter was extracted : and the establishment of this great charter was the work of a parlement . nor are the lawes of this island only , and the freedome of the subject conserved by parlement , but all the best policed countries of europe have the like . the germanes have their diets , the danes and swedes their rijcks dachs ; the spaniard calls his parlement , las c●rtes and the french have , ( or should have at least ) their assembly of three states , though it be growne now in a manner obsolete , because the authority thereof was ( by accident ) devolv'd to the king. and very remarkable it is , how this happened ; for when the english had taken such large footing in most parts of france , having advanced as far as orleans , and driven their then king charles the seventh , to bourges in berry ; the assembly of the three states in these pressures , being not able to meet after the usuall manner in full parlement , because the countrey was unpassable , the enemy having made such firme invasions up and down through the very bowels of the kingdome ; that power which formerly was inhaerent in the parlementary assembly , of making lawes , of assessing the subject with taxes , subsidiary levies , and other impositions , was transmitted to the king during the war ; which continuing many years , that intrusted power by length of time grew as it were habituall in him , and could never after be re-assumed and taken from him ; so that ever since , his ediots countervaile acts of parlement . and that which made the businesse more feasable for the king , was , that the burthen fell most upon the communalty ( the clergy and nobility not feeling the weight of it ) who were willing to see the peasan pull'd downe a little , because not many years before , in that notable rebellion , call'd la laquerie de beauvoisin , which was suppressed by charles the wise , the common people put themselves boldly in arms against the nobility and gentry , to lessen their power . adde hereunto as an advantage to the worke , that the next succeeding king lewis the eleventh , was a close cunning prince , and could well tell how to play his game , and draw water to his own mill ; for amongst all the rest , he was said to be the first that put the kings of france , hors de page , out of their minority , or from being pages any more , though thereby he brought the poore peasans to be worse than lacquays . with the fall , or at least the discontinuance of that usuall parlementary assembly of the three states , the liberty of the french nation utterly fell ; the poore ●oturier and vineyard-man , with the rest of the yeomanary , being reduced ever since to such an abject asinin condition , that they serve but as sponges for the king to squeeze when he list . neverthelesse , as that king hath an advantage hereby one way , to monarchize more absolutely , and never to want money , but to ballast his purse when he will : so there is another mighty inconvenience ariseth to him and his whole kingdome another way ; for this illegall peeling of the poore peasan hath so dejected him , and cowed his native courage so much by the sense of poverty ( which brings along with it a narrownesse of soule ) that he is little usefull for the warre : which put 's the french king to make other nations mercenary to him , to fill up his infantery : insomuch , that the kingdome of france may be not unfitly compared to a body that hath all it's bloud drawn up in to the arms , breast and back , and scarce any lest from the girdle downwards , to cherish and bear up the lower parts , and keep them from starving . all this seriously considered , there cannot be a more proper and pregnant example than this of our next neighbours , to prove how infinitely necessary the parlement is , to assert , to prop up , and preserve the publike liberty , and nationall rights of a people , with the incolumity and well-fare of a countrey . nor doth the subject only reap benefit thus by parlement , but the prince , ( if it be well consider'd ) hath equall advantage thereby ; it rendreth him a king of free and able men , which is far more glorious than to be a king of slaves , beggars , and bankrupts ; men that by their freedome , and competency of wealth , are kept still in heart to do him service against any forraine force . and it is a true maxime in all states , that 't is lesse danger and dishonour for the prince to be poore , than his people : rich subjects can make their king rich when they please ; if he gain their hearts , he will quickly get their purses . parlement encreaseth love and good intelligence twixt him and his people ; it acquaints him with the reality of things , and with the true state and diseases of his kingdom ; it brings him to the knowledge of his better sort of subjects , and of their abilities , which he may employ accordingly upon all occasions ; it provides for his royall issue , payes his debts , fines means to fill his coffers : and it is no ill observation , that parlement-monyes ( the great aid ) have prospered best with the kings of england ; it exceedingly raiseth his repute abroad , and enableth him to keep his foes in feare , his subject● in awe , his neighbours and confederates in security , the three main things which go to aggrandize a prince , and render him glorious . in summe , it is the parlement that supports , and bears up the honour of his crown , and settles his throne in safety , which is the chiefe end of all their consultations : for whosoever is entrusted to be a member of this high court , carrieth with him a double capacity ; he sits there as a patriot , and as a subject : as he is the one , the country is his object , his duty being to vindicate the publike liberty , to make wholsome lawes , to put his hand to the pump , and stop the leaks of the great vessell of the state , to pry into , and punish corruption and oppression , to improve and advance trade , to have the grievances of the place he serves for redressed , and cast about how to find something that may tend to the advantage of it . but he must not forget that he sits there also as a subject , and according to that capacity , he must apply himselfe to do his soveraigns businesse , to provide not only for his publike , but his personall wants ; to beare up the lustre and glory of his court ; to consider what occasions of extraordinary expences he may have , by encrease of royall issue , or maintenance of any of them abroad ; to enable him to vindicate any affront or indignity that might be offered to his person , crown , or dignity , by any forraine state or kingdome ; to consult what may enlarge his honour , contentment , and pleasure . and as the french tacitus ( comines ) hath it , the english nation was used to be more forward and zealous in this particular than any other ; according to that ancient eloquent speech of a great lawyer , domus regis vigilia defendit omnium , otium illius labor omnium , deliciae illius industria omnium , vacatio illius occupatio omnium , salus illius periculum omnium , honor illius objectum omnium every one should stand centinell to defend the kings houses , his safety should be the danger of all , his pleasures the industry of all , his ease should be the labour of all , his honour the object of all . out of these premisses this conclusion may be easily deduced , that , the principall fountaine whence the king derives his happinesse and safety , is his parlement ; it is that great conduit-pipe which conveighes unto him his peoples bounty and gratitude ; the truest looking-glasse wherein he discernes their loves ; now the subjects love hath been alwayes accounted the prime cittadell of a prince . in his parlement he appears as the sun in the meridian , in the altitude of his glory , in his highest state royall , as the law tels us . therefore whosoever is averse or disaffected to this soveraigne law-making court , cannot have his heart well planted within him : he can be neither good subject , nor good patriot ; and therefore unworthy to breathe english ayre , or have any benefit , advantage , or protection from the lawes . sectio secunda . by that which hath been spoken , which is the language of my heart , i hope no indifferent judicious reader will doubt of the cordiall affection , of the high respects and due reverence i beare to parlement , as being the wholsomest constitution , ( and done by the highest and happiest reach of policy ) that ever was established in this island ; to perpetuate the happinesse thereof , therefore i must tell that gentleman , who was author of a booke entituled the popish royall favorite , ( lately printed and exposed to the world ) that he offers me very hard measure ; nay , he doth me apparant wrong , to terme me therein , no friend to parlement , and a malignant ; a character , which as i deserve it not , so i disdain it . for the first part of his charge , i lwoud have him know , that i am as much a friend and as reall an affectionate humble servant and votary to the parlement as possibly he can be , and will live and dye with these affections about me : and i could wish , that he were secretary of my thoughts a while , or if i may take the boldnesse to apply that comparison his late majesty used in a famous speech to one of his parlements , i could wish there were a chrystall window in my breast , through which the world might espye the inward motions and palpitations of my heart , then would he be certified of the sincerity of this protestation . for the second part of his charge , to be a maligna●t , i must confesse to have some malignity that lurks within me much against my will ; but it is no malignity of minde , it is amongst the humours , not in my intellectuals . and i beleeve , there is no naturall man , let him have his humours never so well ballanced , but hath some of this malignity raigning within him ; for as long as we are composed of the foure elements , whence these humors are derived , and with whom they symbolize in qualities ; which elements the philosophers hold to be in a restlesse contention amongst themselves ( and the stoicke thought that the world subsisted by this innated mutuall strife ) as long i say , as the foure humors , in imitation of their principles ( the elements ) are in perpetuall reluctancy and combate for praedominancy , there must be some malignity lodg'd within us , as adusted choler , and the like ; whereof i had late experience , in a dangerous fit of sicknesse it pleased god to lay upon me , which the physitians told me proceeded from the malignant hypocondriacall effects of melancholy ; having been so long in this saturnine black condition of close imprisonment , and buried alive between the wals of this fatall fleet. these kinds of malignities , i confesse are very rife in me , and they are not only incident , but connaturall to every man according to his complexion : and were it not for this incessant strugling and enmity amongst the humors for mastery , which produceth such malignant effects in us , our soules would be loth ever to depart from our bodies , or to abandon this mansion of clay . now what malignity my accuser means , i know not ; if he means malignity of spirit , as some antipathy or ill impression upon the minde , arising fromdisaffection , hatred , or rancor , with a desire of some destructive revenge , he is mightily deceiv'd in me : i maligne or hate no creature that ever god made , but the devill , who is the author of all malignity ; and therefore is most commonly called in french le malin esprit the malignant spirit . every night before i go to bed , i have the grace , i thanke god for it , to forgive all the world , and not to harbour , or let roost in my bosome the least malignant thought ; yet none can deny , but the publike aspersions which this my accuser casts upon me , were enough to make me a malignant towards him ; yet it could never have the power to do it : for i have prevail'd with my selfe to forgive him this his wrong censure of me , issuing rather from his not knowledge of me , than from malice , for we never mingled speech or saw one another in our lives to my remembrance : which makes me wonder the more , that a professor of the law , as he is , should ronounce such a positive sentence against me so slightly . but me thinks pi over-hear him say , that the precedent discourse of parlement is involv'd in generals , and the topique axiome tels us , that dolus versatur in universalibus there is double dealing in universals : his meaning is , that i am no friend to this present parlement ( though he speaks in the plurall number parlements ) and consequently , he concludes me a malignant ; therein , i must tell him also , that i am traduc'd , and i am confident it will be never p●ov'd against me , from any actions , words , or letters ( though diuers of mine have bin intercepted ) or any other misdemeanor , though some things ●re ●ather'd upon me which never drop'd from my quill . alas , how unworthy and uncapable am i to censure the proceedings of that great senate , that high synedrion , wherein the wisedome of the whole state is epitomized ? it were a presumption in me , of the highest nature that could be : it is enough for me to pray for the prosperous successe of their consultations : and as i hold it my duty , so i have good reason so to do , in regard i am to have my share in the happinesse ; and could the utmost of my poore endeavours , by any ministeriall humble office ( and sometimes the meanest boat-swain may help to preserve the ship from sinking ) be so happy , as to contribute any thing to advance that great worke ( which i am in despaire to do , while i am thus under hatches in this fleet , ) i would esteem it the greatest honor that possibly could befall me , as i hold it now to be my greatest disaster , to have fallen so heavily under an affliction of this nature , and to be made a sacrifice to publike fame , than which there is no other proofe , nor that yet urg'd against me , or any thing else produc'd after so long , so long captivity , which hath brought me to such a low ebbe , and put me so far behind in the course of my poore fortunes , and indeed more than halfe undone me . for although my whole life ( since i was left to my selfe to swim , as they say , without bladders ) has bin nothing else but a continued succession of crosses , and that there are but few red letters found ( god wot ) in the almanacke of my age , ( for which i account not my selfe a whit the lesse happy ; ) yet this crosse has carried with it a greater weight , it hath bin of a larger extent , longer continuance , and lighted heavier upon me than any other ; and as i have present patience to beare it , so i hope for subsequent grace to make use of it accordingly , that my old motto may be still confirmed , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . he produceth my attestation for some passages in spaine , at his majesties being there , and he quotes me right , which obligeth me to him ; and i hope all his quotations , wherein he is so extraordinarily copious and elaborate in all his workes , are so ; yet i must tell him , that those interchangeable letters which passed between his majesty and the pope , which were originally couch'd in latine , the language wherein all nations treate with rome , and the empire with all the princes thereof , those letters i say , are adulterated in many places , which i impute not to him , but to the french chronicler , from whom he tooke them in trust . the truth of that businesse is this : the world knowes there was a tedious treaty of an alliance 'twixt the infanta dona maria ( who now is empresse ) and his majesty , which in regard of the slow affected pace of the spaniard , lasted above ten years , as that in henry the sevenths time , 'twixt prince arthur , and ( afterwards ) queen katherine , was spun out above seven : to quicken , or rather to consummate the work , his majesty made that adventurous journey through the whole continent of france , into spaine ; which voyage , though there was a great deale of gallantry in it ( whereof all posterity will ring , untill it turne at last to a romance ) yet it prov'd the bane of the businesse , which 't is not the errand of so poore a pamphlet as this to unfold . his majesty being there arriv'd , the ignorant common people cried out , the prince of wales came thither to make himselfe a christian. the pope writ to the inquisitor generall , and others , to use all industry they could to reduce him to the romane religion ; and one of olivares first complements to him , was , that he doubted ●ot but that his highnesse came thither to change his religion : whereunto he made a short answer , that he came not thither for a religion , but for a wife . there were extraordinary processions made , and other artifices us'd by protraction of things , to make him stay there of purpose till the spring following , to worke upon him the better : and the infanta her selfe desir'd him ( which was esteem'd the greatest favour he received from her all the while ) to visit the nunne of carion ; hoping that the sayd nunne , who was so much cried up for miracles , might have wrought one upon him ; but her art failed her , nor was his highnesse so weake a subject to work upon , according to his late majesties speech to doctor mawe and wren , who when they came to kisse his hands , before they went to spaine to attend the prince their master , he wished them to have a care of buckingham , as touching his sonne charles , he apprehended no feare at all of him ; for he knew him to be so well grounded a protestant , that nothing could shake him in his religion . the arabian proverbe is , that the sun never soiles in his passage , though his beames reverberate never so strongly , and dwell never so long upon the myry lake of maeotis , the black turfd moores of holland , the aguish woose of kent and essex , or any other place , be it never so di●ty ; though spaine be a hot countrey , yet one may passe and repasse through the very center of it , and never be sun-burnt , if he carry with him a bongrace , and such a one his majesty had . well , after his majesties arrivall to madrid , the treaty of marriage went on still , ( though he told them at his first comming , that he came not thither like an embassador , to treat of marriage , but as a prince , to fetch home a wife ; ) and in regard they were of different religions , it could not be done without a dispensation from the pope , & the pope would grant none , unlesse some capitulations were stipulated in favour of the romish catholikes in england , ( the same in substance were agreed on with france . ) well , when the dispensation came , which was negotiated solely by the king of spains ministers ; because his majesty would have as little to do as might be with rome , pope gregory the fifteenth , who died a little after , sent his majesty a letter , which was delivered by the nuncio , whereof an answer was sent a while after : which letters were imprinted and exposed to the view of the world ; because his majesty would not have people whisper , that the businesse was carried in a clandestine manner . and truly besides this , i do not know of any letter , or message , or complement , that ever pass'd 'twixt his majesty and the pope , afore or after ; some addresses peradventure might be made to the cardinalls , to whom the drawing of those matrimoniall dispatches was referred , to quicken the work , but this was only by way of civill negotiation . now touching that responsory letter from his majesty , it was no other than a complement in the severest interpretation , and such formalities passe 'twixt the crown of england , and the great turke , and divers heathen princes . the pope writ first , and no man can deny , but by all morall rules , and in common humane civility his majesty was bound to answer it , specially considering how punctuall they are in those countries to correspond in this kind , how exact they are in repayring visits , and the performance of such ceremonies ; and had this compliance been omitted , it might have made very ill impressions , as the posture of things stood then ; for it had prejudiced the great work in hand , i mean , the match , which was then in the heat and height of agitation : his majesties person was there engag'd , and so it was no time to give the least offence . they that are never so little vers'd in businesse abroad , do know that there must be addresses , compliances , and formalities of this nature ( according to the italian proverbe , that one must sometimes light a candle to the devill ) us'd in the carriage of matters of state , as this great businesse was , whereon the eyes of all christendome were so greedily fix'd ; a businesse which was like to bring with it such an universall good , as the restitution of the palatinate , the quenching of those hideous fires in germany , and the establishing of a peace through all the christian world. i hope none will take offence , that in this particular which comes within the compasse of my knowledge , being upon the stage when this scene was acted , i do this right to the king my master , in displaying the truth , and putting her forth in her own colours , a rare thing in these dayes . touching the vocall forrest , an allegoricall discourse , that goes abroad under my name , a good while before the beginning of this parlement , which this gentleman cites ( and that very faithfully . ) i understand there be some that mutter at certain passages therein , by putting ill glosses upon the text , and taking with the left hand , what i offer with the right : ( nor is it a wonder for trees which lys open , and stand exposed to all weathers to be nipt ) but i desire this favour , which in common justice , i am sure in the court of chancery cannot be denyed me , it being the priviledge of every author , and a received maxime through the world , cujus est condere , ejus est interpretari ; i say , i crave this favour , to have leave to expound my own text , and i doubt not then but to rectifie any one in his opinion of me , and that in lieu of the plums which i give him from those trees , he will not throw the stones at me . moreover , i desire those that are over criticall censurers of that peece , to know , that as in divinity it is a rule , scripturae parabolica non est argumenativa ; so it is in all other kind of knowledge . parables ( whereof that discourse is composed ) though pressed never so hard , prove nothing . there is another rule also , that parables must be gently used , like a nurses breast ; which if you presse too hard , you shall have bloud in stead of milke . but as the author of the vocall forrest thinks he hath done , neither his countrey , nor the common-wealth of learning any prejudice thereby ( that maiden fancy having received so good entertainment and respect abroad , as to be translated into divers languages , and to gain the publick approbation of some famous universities ) so he makes this humble protest unto all the world , that though the designe of that discourse was partly satyricall ( which peradventure induc'd the author to shrowd it of purpose under the shadowes of trees , and where should satyres be but amongst trees ? ) yet it never entred into his imagination to let fall from him the least thing that might give any offence to the high and honorable court of parlement , wherof he had the honor to be once a member , and hopes he may be thought worthy again ; and were he guilty of such an offence , or piacle rather , he thinks he should never forgive himselfe , though he were appointed his own judge . if there occurre any passage therein ▪ that may admit a hard construction , let the reader observe , that the author doth not positively assert , or passe a judgement on any thing in that discourse , which consists principally of concise , cursory narrations , of the choisest occurrences and criticismes of state , according as the pulse of time did beat then : and matters of state , as all other sublunary things , are subject to alterations , contigencies and change , which makes the opinions and minds of men vary accordingly ; not one amongst twenty is the same man to day as he was four years ago , in point of judgement , which turns and alters according to the circumstance and successe of things : and it is a true saying , whereof we find common experience , posterior dies est prioris magister the day following is the former dayes schoolmaster . ther 's another aphorisme , the wisedome of one day is the foolishnesse of another , and 't will be so as long as there is a man left in the world . i will conclude with this modest request to that gentleman of the long robe ; that having unpassionately perus'd what i have written in this small discourse , in penning whereof , my conscience guided my quill all along as well as my hand , he would please to be so charitable and just , as to reverse that harsh sentence upon me , to be no friend to parlements , and a malignant . finis . englands teares , for the present vvars , which for the natvre of the quarell , the quality of strength , the diversity of battailes , skirmiges , encounters , and sieges , ( happened in so short a compasse of time , ) cannot be paralleld by any precedent age. hei mihi , quàm miserè rugit leo , lilia languent , heu , lyra , quàm maestos pulsat hiberna sonos . printed at london , according to order , by richard heron , . to my imperiall chamber , the city of london . renowned city , if any showers of adversity fall on me , some of the drops thereof must needs dash on thy streets . it is not a shower but a furious storme that powr's upon me now , accompanied with fearfull cracks of thunder and unusuall fulgurations . the fatall cloud wherein this storm lay long engendring , though , when it began to condense first , it appeared but as big as a hand , yet by degrees it hath spread to such a vast expansion , that it hath diffus'd it selfe through all my regions , and obscur'd that fair face of heaven , which was used to shine upon me ; if it last long , 't is impossible but we both should perish . peace may , but war must destroy . i see poverty posting apace , and ready to knock at thy gates ; that gastly herbenger of death the pestilence appears already within and without thy walls ; and me thinks i spie meager-fac'd famine a farre off making towards thee ; nor can all thy elaborat circumvallations , and trenches , or any art of enginry , keepe him out of thy line of communication if this hold . therefore my dear daughter , think , oh think upon some timely prevention , 't is the counsell , and request of thy most afflicted mother england . englands teares . oh ! that my head did flow with waters ; oh , that my eyes were limbecks through which might distill drops and essences of bloud ! oh that i could melt away and dissolve all in to teares more brackish than those seas that surround me ! oh that i could weepe my selfe blind to prevent the seeing of those mountains of mischiefs that are like to fall down upon me ! oh , that i could rend the rocks that gird me about , and with my ejaculations tear and dissipate those black dismall cloud● which hang over me ! oh , that i could cleave the ayre with my cries , that they might find passage up to heaven , and fetch down the moon ( that ●atry planet ) to weep and wayle with me , or make old saturne descend from his spheare , to partake with me in my melancholy , and bring along with him the mournfull pleiades , to make a full consort and sing lachrymae with me , for that wofull taking , that desperat● case , that most deplorable condition i have plung'd my selfe into unawares , by thi● unnaturall selfe-destroying warre , by this intricate odd kind of enigmaticall war wherein both parties are so entangled ( like a skeine of ravell'd silk ) that they know not how to unwind and untwist themselves , but by violent and destructive wayes , by tearing my entrailes , by exhausting my vitall spirits , by breaking my very hear●●strings to cure the malady . oh , i am deadly sick , and as that famous chancelor o● france spoke of the civill warrs of his countrey , that france was sick of an unknow● disease ; so if hippocrates himselfe were living , he could not be able to tell the tr●● symptomes of mine , though he felt my pulse , and made inspection into my wate● never so exactly ; onely in the generall he may discover a strange kinde of infecti●● that hath seised upon the affections of my people ; but for the disease it selfe it wi●● gravell him to judge of it : nor can there be any prediction made of it , it is so sharp which make some tell me that i cannot grow better , but by growing yet worse ; th●● there is no way to stanch this flux of bloud , but by opening some more of the m●●ster veines : that it is not enough for me to have drunke so deep of this cup of affl●●ction , but i must swallow up the dregs and all . oh , passenger stop thy pace , and if there be any sparkles of humane compa●●sion glowing in thy bosome , stay a while and hear my plaints , and i know they w● not only strike a resentment , but a horror into thee ; for they are of such a natur● that they are able to penetrate a breast of brasse , to mollifie a heart hoop'd with adamant , to wring tears out of a statue of marble . i that have bin alway accounted the queen of isles , the darling of nature , and neptune minion ; i that have bin stil'd by the character of the first daughter of the church , that have converted eight severall nations ; i that made the morning beams of christianity shine upon scotland , upon ireland , and a good part of france ; i that did irradiat denmarque , swethland and norway with the light thereof ; i that brought the saxons , with other germanes high and low ▪ from paganisme , to the knowledge of the gospell ; i that had the first christian king that ever was ( e●●ius ) and the first reformed king ( the eight henry ) to raigne over me ; i out of whos● bowells sprung the first christian emperour that ever was , constantine ; i that had five severall kings , viz. iohn king of france , david king of scotland , peter king of boheme , and two i●rish kings my captifs in lesse than one year ; i under whose banner that great emperour maximilian tooke it an honor to serve in person , and receive pay from mee and quarter his arms with mine ; i that had the lyon rampant of scotland lately added to fill up my scutchen , and had reduc'd ireland , after so many costly intermissive wars , to such a perfect passe of obedience , and settlement of customs & crown revenues ; i that to the astonishment and envy of the world , preserved my own dominions free and flourishing , when all my neighbour countries were a fire before my face ; i that did so wonderfully flourish and improve in commerce domestique and forren both by land and sea ; i that did so abound with bullion , with buildings , with all sort of bravery that heart could wish ; in summe , i that did live in that height of happines , in that affluence of all earthly felicity , that some thought i had yet remaining some ●ngots of that old gold whereof the first age of the world was made : behold , behold , i am now become the object of pitty to some , of scorne to others , of laughter to all people ; my children abroad are driven to disadvow me for fear of being jeerd , they dare not own me for their mother , neither upon the rialto of venice , the berle of ausburg , the new bridge of paris , the cambios of spaine , or upon the quoys of holand , for feare of being baffled and hooted at . me thinkes i see my next neighbour france , ( through whose bowells my gray-goose wing flew so oft ) making mowes at ●ne , and saying , that whereas she was wont to be the chiefe theater where fortune us'd ●o play her pranks , she hath now removed her stage hither ; she laughes at me that i ●hould let the common people the citty rabble , ( and now lately the females ) to ●●ow their strength so much . me thinks i see the spanyard standing at a gaze , and crossing himselfe to see mee so ●olish as to execute the designes of my enemies upon my selfe . the italian admires 〈◊〉 see a people argue themselves thus into arms , and to be so active in their own ruine ; ●he german drinks carouses that he hath now a co-partner in his miseries ; the swed joyces in a manner to see me bring in a forren nation to be my champion ; the ●etherlander strikes his hand upon his breast , and protests that he wisheth me as well once the duke of burgundy did france , when he swoare , he lov'd france so well , ●at for one king he wish'd she had twenty . me thikns i see the turke nodding with his turban , and telling me that i should ●hank heaven for that distance which is betwixt us , else he would swallow me all up ●t one morsell ; only the hollander my bosome friend seems to resent my hard condi●ion , yet he thinks it no ill favoured sight to see his shops and lombards every where ●●ll of my plundered goods , to find my trade cast into his hands , and that he can un●ersell me in my own native commodities , to see my gold brought over in such heaps , ●y those that flie from me with all they have for their security ; in fine , me thinks i ●ear all my neighbours about me bargaining for my skin , while thus like an unruly ●orse , i run headlong to dash out my own brains . o cursed jealousie , the source of all my sorrowes , the ground of all my inexpressible miseries ! is it not enough for thee to creep in twixt the husband and the wife , twixt the lemmon and his mate , twixt parents and children , twixt kindred and friends ; hast thou not scope enough to sway in private families , in staple societies , and corporations , in common counsells , but thou must get in , twixt king and parlement , twixt the ●ead and the members ( twixt the members amongst themselves ? ) but thou must get a twixt prince and people , but thou must cast up so deep a trench twixt the soveraign ●nd the subject . avant , avant thou hollow-eyed snake-haird monster , hence away ●nto the abisse below , into the bottomlesse gulfe , thy proper mansion ; sit there in thy haire , and preside o're the counsells of hell amongst the cacodaemons , and never ascend again to turne my high law-making court into a councell of warre , to turne my best antidote into poyson , and throw so many scruples into that soveraign physick which was us'd to cure me of all d●stempers . but when i well consider the constitution of this elementary world , and finde man ●o be part of it , when i think on those light and changeable ingredients that go to his composition , i conclude , that men will be men while there is a world , and as long as the moon their next neighbour towards heaven hath an influxive power to make impressions upon their humors , they will be ever greedy and covetous of novelties and mutation ; the common people will be still common people , they will sometime or other shew what they are , and vent their instable passions . and when i consider further the distractions , the tossings , turmoylings and tumblings of other regions round about me , as well as mi●e own , i conclude also , that kingdoms and states and cities and all body politiques are as subject to convulsions , to calentures , and consumptions , aswell as the fraile bodies of men , and must have an evacuation for their corrupt humors , they must be phlebotomiz'd ; i have often felt this kind of phlebo●omy , i have had also shrewd purges and pills often given me , which did not onely work upon my superfluous humors , but wasted sometimes my very vitall spirits ; yet i had electuaries and cordiall● given me afterwards , which fetched me up again ; insomuch that this present tragedy is but vetus fabula novi histriones it is but an old play represented by new actors , i have often had the like . therefore let no man wonder at these traverses and humor of change in me . i remember there was as much wondring at the demolishing of my and odd monasteries , nunneries & abbeis for ●●ing held to be hives of drones , as there is now at the pulling downe of my crosses organs and windowes , ; there was as much wondring when the pope fell hire , a● 〈◊〉 that the prelates are like to fall ; the world wondred as much when the m●sse was disliked , as men wonder now the liturgy should be distasted ; and god grant that people do not take at last a surfet of that most divine ordinance of preaching , for no violent thing lasts long ; and though there should be no satiety in holy things , yet such is the depraved condition of man , he is naturally such a changeling , that the over frequency and commonnesse of any thing , be it never so good , breeds in tract of time a kind of contempt in him , it breeds a fulnesse and nauseousnes in him . the first reformation of my church began at court , and so was the more feasable , and it was brought to passe without a warre ; the scene is now otherwise , it is far more sanguinary and fuller of actors ; never had a tragedy acts of more variety in so short a time ; there was never such a confus'd mysterious civill war as this , there was never so many bodies of strength on sea and shore , never such choice arms and artillerie , never such a numerous cavalrie on both sides , never so many sieges , never a greater eagernes and confidence , there was never such an amphibolous quarrell as this , both parties declaring themselves for the king , and making use of his name in all their remonstrances to justifie their actions , the affect on , and understandings of people were never so confounded and puzled , not knowing where to acquiesce , by reason of such counter-commands . one side calls the resisting of royall commands loyalty , the other termes loyalty , the opposing of parlementary orders and ordinances . both parties would have peace , the one would have it with honor , the other with truth , ( and god forbid but both should go together ) but , int●a●a ring or ego , in the mean time i , poore i am sure do suffer by both , the one taking away what the other leav's , if the one polls me , the other shaves me , and god grant they fall not a flaying of me at last . insomuch that whosoever will be curious to rea● the future story of this intricate warre ( if it be possible to compile a story of it ) he will find himselfe much stagger'd , and put to kind of a riddle before he understand it ; for touching the intricacy of it , touching the strange nature , or rather the unnaturalnesse of it , it cannot be parallel'd by any precedent example : in my chronicles i am sure no age can match it , as i will make it briefly appear , by comparing it with all the warres that ever embroil'd me , which i finde to be of three sorts , either by the invasion of forreners , the insurrection of my commons , or by the confederacy of my peers and princes of the bloud . i will not ●ake the ashes of antiquity so far as to speak of that deluge of bloud i spilt before i would take the roman legions for my garrison ; i am loth to set down how the saxons us'd me , and how the danes us'd them , nor how i had one whol brave race of people ( the picts i mean ) quite extinguished in me , i will begin with the norman expedition , and indeed to make recearches of matters before , is but to grop● in the dark , but i have authentick annales and records for things since . the norman came in with the slaughter of neer upon sixty eight thousand combatants upon the place , a battaile so memorable , that the very ground which sucked in the bloud retaines the name of it to this day . the dane not long after strook in to recover his pretended right , with the sacking of my second great city of yorke , and the ●iring of her , with the slaughter of of my children in one afternoon , yet he was sent away without his arrand . in the raigne of rufus i was made of his colour , red with bloud both by the welsh and the scot , who lost his king malcolme in the battaile of alnwick . all my eight henries were infested with some civill broyles , except my fift henry the greatest of them , who had work enough cut him out in france , and hee plied his work so well that he put that crown upon his sons head . all my edwards also had some home-bred insurrection or other ; indeed two of my three richards had alwayes quietnesse at home , though the first did go the furthest off from me , and was longest absent of any ; and the third , though he came in by bloud , yet the short time of his three yeares vsurpership he was without any , and prov'd one of my best law-givers , yet his life ended in bloud , for having come in like a fox , he dyed like a calfe . touching my second richard , and second edward , there were never any of my kings came to a more tragique end , and the greatest stains that black my story are the violent deaths they suffered by the hands of their own ( regicide ) subjects . the two sister queens that swayed my scepter had also some domestique commotions ; and now my charles hath them to the height , insomuch that of those five and twenty monarques who have worne my d●adems since the norman entred , there was only foure , viz. the forementioned henry , and richards , with king iames scaped free from all intestin broyles ! oh how it torments my soule to remember how my barons did teare my bowells ! what an ocean of bloud the two roses cost me before they were conjoyned , for during the time that i came to be a monster with two heads ( made so by their division ) i mean during the time that i had two kings at once , edward the fourih , and henry the sixt within me , in five years space i had twelve battails fought within my entrails , wherin i lost neer upō fourscore princes of the royal stem , and parted with more of my spirits than there were spent in winning of france . the world knowes how free and prodigall i have bin of my bloud abroad in divers places , i watered the holy land with much of it ; against my co-islander the scot i had above twenty pitch'd battails , tooke many , and kil'd some of his kings in the field ▪ the flower de lyces cost me dear defore i brought them over upon my sword ; and the reduction of ireland from time to time to civility , and to an exact rule of alleageance wasted my children in great numbers . i never grudg'd to venture my bloud this way , for i ever had glorious returns for it ; and my sons dyed in the bed of honour : but for them to glut themselves with one anothers bloud ; for them to lacerat and rip up ( viper-like ) the wombe that brought them forth , to teare the paps that gave them suck , can there be a greater piacle against nature her selfe , can there be a more execrable and horrid thing ? if a stranger had us'd mee thus it would not have griev'd me half so much ; it is better to be stung with a nettle , than prick'd by a rose ; i had rather suffe● by an enemy , than by my own naturall born off-spring . those former home-wag● wars , whereof there hapned above fourscore ( smal & great ) since the norman cam● in , were but as fires of flax in comparison of this horrid combustion , which mak● both my church & state to suffer so much . one may finde those wars epitomiz● in small volumes , but a whole library cannot contain this . they were but scratches being compar'd to the deep wounds which prince , peere , and people have receiv'd by this ; such wounds , that it seems no gentle c●t●plasmes can cure them , they must be ●anc'd aed canteriz'd , and the huge scars they will leave behinde them will , i feare , make me appear so deformed and ugly to all posterity , that i am halfe in despaire to recover my former beauty ever again . the deep stains these wars will leave upon me , all the water of the severn , trent or thames will hardly wash away . the sun yet hath not run twice his course through the zodia● , since the two-edged ●word of war hath rag'd & done many horrid executions within me , since that hellish invention of powder hath thundred in every corner , since it hath darkned torn , & infected my well-tempered aire , since i have weltered in my own bloud , and bin made ● kind of cockpit , a theater of death to my own children ; and in so short a circumvolution of time , i may confidently affirm take battailes , re-encounters , skir●ishes , with sieges both winter and summer , there never hapned so many in any countrey ; not do i see any appeara●ce , the more is my misery , of any period to be ●ut to these distractions , every day is spectator of some new tragedy , and there●ations that are hourely blaz'd abroad sound sometimes well on the one side , some●●mes on the other , like a peale of bels in windy weather ( though oftentimes in a ●hole volley of news you shall hardly finde one true r port ) which makes me feare 〈◊〉 the all disposing deity of heaven continueth the successes of both parties in a ●inde of equality , to prolong my miseries . ita serior , ut diu me sentiam mori , i am ●ounded with that dexterity , th●t the sence and agonies of my sufferings are like to ●e extended to the uttermost lengt● of time and possibility of n●ture . but , o passenger , if thou art desirous to know the cause of these fatall discompo●●res , of this inextricable war , truly i must deal plainly , i cannot resolve thee herein 〈◊〉 any full satisfaction . grievances there were i must confesse , and some incongrui●es in my civill government ( wherein some say the crosier , some say the distaffe ●as too busie ) but i little thought , god wot , that those grievances required a redresse ●●is way . do'st thou ask me whither religion was the c●use ? god ●orbid ; that in●●cent and holy matron had rather go c●ad in the snowie white robes of meeknesse 〈◊〉 longanimity , than in the purple m●ntle of bloud , her practise hath bee●e to ●●ercome by a passive fortitude without reaction , and to triumph in t●e milk-white ●●ory chariot o● inn●cency and p●tience , not to be ●urried away with the fiery ●●eels of war ; dei lar●●es not les armes ( ●s my next neig●bour hath it ) grones not guns , 〈◊〉 nor swords , prayers not partis●ns were us'd to be her weapons unlesse in c●se of 〈◊〉 and impendent d●nger , in case of invincible necessity , and visible actuall una●●ydable extinguis●ment , and then the arms she useth most is the target to shroud 〈◊〉 selfe under , and fence away th● blow ▪ she leaves all other weapons , to the 〈◊〉 to propagate and exp●nd it selfe . thi● gentle grave l●●y ▪ though the rubricks of 〈◊〉 service be in red characters , yet she is no lover of bloud ▪ she is an embracer of 〈◊〉 , and the sole object of her 〈◊〉 is the god of peace , in who●e highest ●ame , in the name i●h●vah , as the rabbies observe , all the letters are quies●●nt . that sacred comforter , which inspi●es her ambassadors , uses to ascend in form of a dov● , not in the likenesse of a 〈…〉 , and he that brings him downe so , may be sayd to sin agai●●t the 〈…〉 ; to be●t religion into the braines with a pol●axe , is to 〈…〉 , to o●●er him victims of humane bloud ; therefore 〈…〉 wro●g r● igion if i should cast this war upon her : yet me think●s i 〈…〉 lame●● that shee was not also without her 〈…〉 gove●●ors ( for want of moderation ) could not 〈…〉 t●e church , but ●hey must pu● themse●ves 〈…〉 up to the turr●ts of civill p●licy , many o● her preachers 〈…〉 ●ome to the cou●t , some to th● country ; some would h ve nothing 〈…〉 , o●●ers nothing 〈◊〉 priviledge ▪ some won'd giveth 〈…〉 , some to feed zeal , would famish the understanding ; others 〈…〉 underst●nding , and tickle the outward eare ( wit● ess●ies and flourishes of 〈◊〉 ) would 〈…〉 the soul of her true food , &c. but the principal thing ●●ear that reverend l●dy , ( that queen of souls , & turn key of heaven ) m ke 〈…〉 of , is 〈◊〉 that se●mlesse garment of unity and love which our s viour left 〈…〉 and rent into so many sci●sures and sect● by those that would make 〈…〉 which she wore in h●r infancy , to serv● her in 〈…〉 . i hear her cry out ●t the monstrous exorbitant liberty that almo●● every c●pricious mechanique takes to ●imselfe to s●ape and form what religion h● list : for the world is come ●ow to 〈◊〉 passe , ●h●t the t●ylor and shoomaker may 〈◊〉 wh●t religion they please ; 〈…〉 and ●apster m●y breach what religio● they p●e●se ; the druggest and apothe●●ry m y ming e her as they please ; the h●●berd●sher m●y put her upon w●at block ●e p●eases ; the armourer and cutler 〈◊〉 fur●●sh her as they please ; the dyer m●y put w●at col ur , the painter may 〈◊〉 what face upon her be please ; the dr●p●r and mercer may measure her as th●● please ; the w●●●er may cast her upon wha● 〈…〉 please ; the boatswain and 〈◊〉 m●y bring her to what dock they please ; the bar●er may trim her as he plea●● the gard ●er may lop her as he please ; the blackesmith may forge what religion 〈◊〉 please , and so every mechanic according to his profession and fancy may forme he● he please . me thinks i hear that venerable matron complaine further , how her 〈◊〉 in some places are become meer beacons to summon men to arms ; how in 〈◊〉 of lights , her churches up and down are full of firebrands ; how every capri●● of the brain is term'd now tendernesse of conscience , which well examined is thi●g but some fond fa●cy , or fanatick frenzie rather of some shallow-braind 〈◊〉 for whereas others h●ve bin us'd to run mad for excesse of knowledge , some of children grow mad now a daies out of too much ignorance . it stands upon reco●● my story , that when the norman had taken firm footing within me , he did demo● many churches and chappels in new-forrest , to make it fitter for his pleasur● venery ▪ but amongst other judgements which fell upon this sacriledge , one was 〈◊〉 tame sowle grew wilde ; i fear god almighty is more angry with me now than & that i am guilty of a worse profanes ; for not my fowl , but my folk & peop●● ●rown halfe wild in many places , they would not worry one another so in that wol●ish belluine manner else , they would not precipitate themselves else into such a mixt ●●ungrell war , a war that passeth all understanding ; they would not cut their owne ●hroats , hang , drown , and do themselves away in such a desperate sort , which is now ●rown so common , that self-murther is scarce accounted any newes ; which makes ●trangers cry out , that i am all turn'd into a kind of great bedlam , that barbary is come ●●to the midst of me ; that my children are grown so savage , so flesh'd in bloud , and ●ecome so inhumane and obdurate , that with the same tendernesse of sence they can 〈◊〉 a man fall , as see a horse , or some other bruit animall , they have so lost all reve●ence to the image of their creatour , which was us'd to be more valued in me , than ●mongst any other nation . but i hope my king and great councell will take a course to bring them to their ●ld english temper againe , to cure me of this vertigo , and preserve me from ruine ; 〈◊〉 such is my desperate case , that as there is more difficultie , so it would be a grea●●r honour for them to prevent my destruction , and pull me out of this plunge , than 〈◊〉 adde unto me a whole new kingdome ; for true wisdome hath alwayes gloried ●uch in conservation , as in conquest . the roman , though his ambition of conquering had no horizon , yet he us'd to tri●mph more ( as multitudes of examples might be produc'd ) at the composing of an in●stine war , than for any new acquest , or forren atchievement whatsoever ; and though 〈◊〉 was a great martiall man , and lov'd fighting as well as any other , yet his maxime 〈◊〉 , that no peace could be so bad , but it was preferrable to the best war. it seemes the ●●lian his successour retaines the same genius to this day , by the late peace , ( notwith●●anding the many knots that were in the thing ) which he concluded : for although 〈◊〉 absolute princes were interessed in the quarrell , and that they had all just preten●●s , and were heated and heightned in their designes , yet rather than they would dila●●t the entrailes of their owne mother ( faire italy ) and expose her thereby to be ra●h'd by tramontanes , they met half way , and complyed with one another in a 〈◊〉 kind of freedome , though every one bore his share in some inconvenience . oh at my children would be mov'd by this so seasonable example of the italian , who ●mongst other of his characters , is said to be wise , à priori , before the blow is given . ●esire my gracious soveraigne to think , that it was never held inglorious or deroga●ie for a king to be guided and to steere his course by the compasse of his great ●ouncell , and to make his understanding descend , and condescend to their advice ; ●●was it ever held dishonourable for subjects to yeeld and bow to their king , ( to be ●●lowes , not oakes ) and if any mistake should happen , to take it upon themselves , ra●●●r than any should reflect upon their soveraigne . and if , in case of difference , he ●●illing to meet them halfe way , 't were handsome they went three parts before to ●ent him . therefore i conjure them both , in the name of the great deitie of hea●●d , ( who transvolves king domes , and tumbleth downe kings in his indignation ) that they 〈◊〉 think of some speedie way to stop the issue of b●oud ; for to deale plainly with 〈◊〉 see far greater reason to conclude this war , than ever there was to 〈…〉 let them consider well they are but outward church rites and ceremonies they fight for , as the rigidst sort of reformers confesse , the lutheran ( the first reformist ) hath many more conformable to the church of rome , which hee hath continued above ●hese yeares , yet is he as far from rome as the first day he left her , and as free from ●anger of relapse into poperie as amsterdam herselfe ; and must i , unhappie i , be ●acerated and torne in peeces thus for shadowes and ceremonies ? o let not posteritie ●ind it upon record , that the unparallel'd act of grace for the continuance of this , be ●ore hurtfull to me , than the untimely dissolution of all parlements pass'd . i know ●here is a clashing 'twixt prerogative and priviledge , but i must put them in mind of ●he misfortune that befell the flock of sheep and the bell-weather , whereof the first ●ed in a common , the latter in an inclosure , and thinking to break into one anothers ●asture ( as all creatures naturally desire change ) and being to passe over a narrow-nar●ow bridge which sever'd them , they met in the middle and justled one another so ●ong , till both fell into the ditch . and now that i have begun , i will warne them by ●nother fable of the spanish mule , who having by accident gone out of the great road , ●nd carried her rider thorow a by-path upon the top of a huge steepie rock , stopp'd upon a sudden , and being not able to turne and go backward , by reason of the narrow●esse of the path , nor forward , in regard of a huge rockie precipice , she gently put ●ne foot behind the other , and recoyl'd in that manner untill she had found the great ●oad againe . i desire my high councell to consider , that the royall prerogative is like the sea , which as navigators observe , and the civilians hold , what it loseth at one time or in one place , gets alwayes in some other ; that subjects banding against their king , are like the earthen pitchers in the fable justling with the great brasse kettle . i desire my deare king to consider , that the priviledge of parlement , the lawes and liberties of the subject , is the firmest support of his crown , that his great councell is the truest glasse wherein he may discerne his peoples love , and his own happinesse ; it were wsdome that both did strike saile in so dangerous a storme , to avoyd shipwrack ; i am loth to say , what consultations , what plots , and machinations are fomenting and ●orging abroad against me , by that time i have enfeebled and wasted my selfe , and lost the flower of my best children in these wofull broyles . mee thinks i spie the iesuit sitting in his cell and laughing in his sleeve at me , and crying out , the devill part the fray , for they do but execute my designes . oh , i feele a cold quame come over my heart , that i faint , i can speak no longer ; yet i will straine my selfe to breath out this one invocation , which shall be my conclusion . sweet peace , most benigne and amiable goddesse , how comes it to passe that thou hast so abandon'd earth , and taking thy flight to heaven , as once astraea did , dost reject the sighs and neglect the sacrifices of poore mortals ? was that flaming vsher of gods vengeance which appear'd six and twentie yeares since in the heavens ▪ the herald that fetch'd thee away ? for ever since poore europe hath been harass'd , and pitifully rent up and downe with 〈◊〉 wars ▪ and now i am become th● last scene ▪ gentle peace , thou which makest heaven and earth to triumph , which gladdest not only the heart of man , but makest the verie medo●●s ●nd 〈◊〉 the forr●sts and woods the hils an● h●●ses to reioyce ; thou which goest alwayes 〈◊〉 by plentie and pleasure , thou w●ich fill●st the 〈…〉 , the grasiers folds , the tradesm●ns shop , th● vintners cell●rs ▪ 〈…〉 desk ▪ the me●chants m●g●●i●es , the prin●es 〈◊〉 , how comes it 〈…〉 throne to bellona , 〈◊〉 - d●stroying 〈…〉 y●oman wan●s h●●ds a●d horse to p●ow up 〈…〉 the morning dew with his anhel●d sweat , shakes at his work 〈…〉 p●undring ; the tradesm●n shuts up his shop 〈…〉 would ; the merchant w●lks to the exchange only to learne new ● , not to negotia●e . behold how my best sort of children are w●arie of their lives , e●●her for 〈◊〉 endl●sse exacti●ns , or remedilesse unthought-on imprisonments , a●d ill by an 〈◊〉 confus'd power which the nec●ssitie of this fatall war hath drawn upon them . sw●et 〈…〉 which wast us'd to mak● princes courts to triumph with tilt and tournements , and other gallantries , to make them receive lustre by forren amb●ssadours ; to make the arts and science● flour●sh ; to make cities and suburbs shine with good y structures to make the countrey ring with the hun s-mans horn , and the shepherds pipe , the high-wayes with carriers bels ; ●ow comes it to passe that bloud-thirstie discord now usurps thy place , and fl ●gs about her snak s in everie cor●er , that the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , the double-edg'd ●word of civill war doth r●ge and cu● on both sides in so horrid and inhumane a manner ? behold , my prince his court is now full of nothing but buff coats , spanners and musket rests ; both townes and countr●y , and my high-wayes eccho w th nothing but with t e sound of d●ums and tru●pets ; hea●k how pitif●lly my lions roare , how dejectedly my roses and flower de luces hang downe their heads , what dol●full straines my harp gives . o consider my case most blisfull queene ▪ d●scend , desc●nd againe in thy ivorie chariot ? resume thy throne , crowne thy temples with thy won●●d laurell and olive , bar up ianus gates , and make new halcionian dayes to shine in this hem●sp●ere ; dispell those clouds which hover'twixt my king and his highest councell , chase away all jealousies and ombrages of mistrust , that my great law-making court be forc'd to turne no more to polemicall committees , and to a councell of war ( unlesse it be for some forren conquest , ) but that they may come againe into the old parlementarie road , to the path of their predecessours , to consult of meanes how to sweep away those cobwebs that hang in the courts of iustice , and to make the lawes run in their right channell ; to retrench excessive fees , and find remedies for the future , that the poore client be not so peel'd by his lawyer , and made to suffer by such monstrous delayes , that one may go from one tropique to the other , & crosse the equinoctiall twentie times , before his sute be ended ; that they may think on a course to restraine gold and silver from travelling without license , with other staple commodities , and to punish those that transport hides for calf-skins ; to advance native commodities and manufactures , to improve and ballance trade , and settle it so , that it may stand upon its owne bottome , and not by any accidentall wayes , as of late yeares a glut of trade was cast upon me by the wars 'twixt france and the house of austria , and others . that this trade of mine ( my chiefest sinew ) be not cast into the hands of aliens , who eat me out in many places in my own commodities ; that it be prevented hereafter , ●hat one town be not permitted to ingrosse and ingulph all ( like the spleene , ●hat by its swelling sucks both bloud and moisture from the rest of the members ) but that my trade and wealth m●y by some wholsome policie be diffus'd up and down my cities in a more equ●ll distribution . that they may advise of a way to relieve the orphan , who suffers more for his minority in mee , than any where else ; that the poore insolvent subject be not so buried alive , and made to rot in prison , notwithstanding his apparant known disability , whereas were he ●bro●d , he might be usefull to the common-wealth some way or other , and come haply afterwards to an ability to pay . to regulate the businesse of drain'd lands , which well manag'd , would tend very much both to enlarge and enrich my quarters . to secure the dominion of my seas , the fairest flower of my crown , which is now almost quite lost . to preserve my woods , whereof , if this coursehold , their will hardly be found in some places enough to make a tooth-pick . to settle the revenues , and supply the wants of my crown ; for the wants of the crown & the grievances of the subject have bin always used to go hand in hand in my parlements . and now , that my neighbour princes ( specially they of france and spain ) have of late years enhanc'd the revenue royall , at least to the third part more than it w●s , it were a disp●ragement to me , that my king should not bear up in equal proportion ▪ and point of greatnesse this way , considering that he hath more of the royall stem to maintain , than any of his progenitors ever h●d . lastly , that they may settle a way to regulate all exorbitant fancies of novelists , in the exercise of holy religion : it being an undeni●ble m●xime , th●t where there is no obedience , subordination , and restrictive lawes to curb the change●ble humours and extravagancies of mens braines there can be no pe●ce or piety : if the fire be not kept within the tunnell of the chimney , and that some be appointed to sweep down the soot with a high hand ( which may be done otherwise than by shooting up of muskets ) the whole house will be in d●nger of burning . oh me , i feel the pangs of death assail mee , let some good body go toll the bell ; and as one of my kings , ( wil. rufus ) the night before he was slain in new-forrest , for the expi●tion of his fathers sacriledge , did dreame that a cold winde did passe through his bowels , so me thinks , i feele a b●eake cold northern blast blowing upon me , w●ich i fe●r will make an end of me : it is a miracle if i scape , 't is only the high hand of providence can preserve me . if i and my monarchy miscarry , i desire that my epitaph may be written ( in regard i know him to have bin a long time not only sensible , but a sharer with me in point of suffering ) by my dearly beloved child iames howell . to the discerning reader . he that with a well-weigh'd judgement observeth the passions of this last discourse , must needs conclude , that th● author ( besides his own hard condition of two years close impri●sonment ) hath a deep sence of the common calamities of this hi● country in generall , which makes him break out into such patheti● expressions . and because he might do it with more freedom , an● lesse presumption , he makes england her selfe to breath out hi● disordered passions . we know a mother hath a prerogative by a● uncontrollable edict of nature to speak home unto her children , & sometimes in a chiding round way ( though with tears in her eyes ) to give them advice : the same doth england in this discourse but with all the tendernesse and indifferency that may be to bot● parties now in arms. therefore the author humbly hopes tha● no exception , much lesse any offence , will be taken at her complaints , or counsell . mollia commotum frangunt documenta furorem prov. finis . i. h. a letter from gen. monck in scotland, to the commissioners of parliament in ireland, touching his present actings for the commander in chief of the forces in ireland, to be communicated to the rest of the officers of the army there. albemarle, george monck, duke of, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing a thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) a letter from gen. monck in scotland, to the commissioners of parliament in ireland, touching his present actings for the commander in chief of the forces in ireland, to be communicated to the rest of the officers of the army there. albemarle, george monck, duke of, - . sheet ([ ] p.) printed at dublin by special order: and re-printed at london, for nath. brook, at the angel in cornhil, [london] : [ ] signed at end: george monk. publication date fom wing. annotation on thomason copy: "xber [i.e., december] ". reproduction of the original in the british library. eng england and wales. -- army -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no a letter from gen. monck in scotland, to the commissioners of parliament in ireland, touching his present actings. for the commander in chie albemarle, george monck, duke of a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - john pas sampled and proofread - john pas text and markup reviewed and edited - pfs batch review (qc) and xml conversion a letter from gen. monck in scotland , to the commissioners of parliament in ireland , touching his present actings . for the commander in chief of the forces in ireland , to be communicated to the rest of the officers of the army there . sir , having received yours of the th of this instant , signed by your self and some others : you are pleased to signifie your apprehensions of our undertakings , and your hopes that we have received from our brethren in england such satisfaction as we may acquiesce in , in their late actings . i have sent to you by this gentleman these enclosed papers , wherein you will fully be informed of our endeavours and pains , to keep a right understanding with our friends and fellow souldiers : but we sincerely profess to you , that we cannot be convinced of any such necessity or sence of duty , that could engage them in actions so violent and unwarrantable , contrary to such late and solemn engagements : indeed it makes our hearts mourn in secret , to confider what the issue of this dangerous and rash change of the government may be : but we hope we shall be found in the way of duty , and shall walk according to gods word , in that we have borne our testimony according to our consciences against that which is evil ; and we humbly desire you to lay to heart the great dishonour that will lye upon the holy name of god , by our inconstancy and ( i wish i could not say ) treachery . are we not an army that have the highest engagements upon us ? never such a professing generation for god! yet to make no conscience of obedience to those god sets over us ; nay , such whose authority hath been witnessed to , by almighty god , in many successes ; and for restoring of which we were , but the other day rejoycing and praising god ; and for the asserting whose just authority , our brethren in england so lately hazarded to bloud , from whom we have all received commissions and encouragement : and this to be done without half an hours deliberation ! we tremble to consider of it , and that a few persons , and of them some unknown to us , to be intrusted with the power of abolishing laws , raising moneys , chusing general officers , creating new models of government , making peace and war ; and this derived from the officers of a few regiments quartered in england ; and our consent to all this , authoritatively required . we cannot but witness against such proceedings , as must needs make us a scorn to our enemies , a shame to our friends , and odious to all the people of god in the world . is this the good old cause , the defence of the parliaments priviledges , to dissolve them with the greatest contempt ? are the peoples rights now secured , when their consciences , estates and persons , are abandoned to the will and pleasure of nine or ten persons ? are the churches of jesus christ like to be protected , when the encouragement of the ministry of the churches is to be removed ? now we beseech you , in the bowels of the lord jesus , to lay to heart these things , and consider whether our jealousies and fears be not real . and we declare in plainness and singleness of heart , ( as in the presence of god ) with you , that our brethren in england , are very dear to us in the lord ; that it wounds us deeper to consider these actings , then the wounds we have received from our enemies ; for then we could have borne them . we bless the lord that you are so sensible of the hazard and bloud that may follow . so we beg of you to remember what bloud hath been shed , and who will answer for it , if we be worse then those god cast out before us . we bless god that we need no umbrage , for our actions ; but testifie before god and man , that we will not admit any single person whatsoever , nor house of lords ; that we desire successive parliaments , and councils of state established by authority of parliament for the government of these nations ; and that there may be a legal foundation and succession . we desire you our brethren in ireland , to joyn with us , in your desires to the army in england , that this parliament may be restored , and put a legal period to their sitting ; and settle such expedients as may be for the securing of these nations , against the common enemy . and we shall take this as a renewed engagement of your brotherly love and kindness to us . and having no further to trouble you , but to let you know , that i am , honoured sir , your humble servant , george monk . this messenger after some time being in this city , carried himself very indiscreetly , so that i thought fit to confine him to his chamber ; which i hope you will not take ill . printed at dublin by special order : and re-printed at london , for nath. brook , at the angel in cornhil . thursday the thirteenth of october, . an act for confirmation of the sale of the lands and estate of sir iohn stowel knight of the bath. england and wales. parliament. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) thursday the thirteenth of october, . an act for confirmation of the sale of the lands and estate of sir iohn stowel knight of the bath. england and wales. parliament. sheet ([ ] p.) printed by john field, printer to the parliament of england, london : . signed: hen: scobell, clerk of the parliament. annotation on thomason copy: "nouemb: ye th". reproduction of the original in the british library. eng stawell, john, -- sir, - -- estate -- early works to . real property -- england -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no thursday the thirteenth of october, . an act for confirmation of the sale of the lands and estate of sir iohn stowel knight of the bath. england and wales. parliament. a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion blazon or coat of arms incorporating the commonwealth flag ( - ) thursday the thirteenth of october , . an act for confirmation of the sale of the lands and estate of sir iohn stowel knight of the bath . be it enacted and declared by authority of parliament , that all sales made of any estate , lands , tenements , hereditaments , goods or chattels of sir john stowel knight of the bath , by vertue or appointment of any act or acts of parliament , are hereby confirmed and established : and accordingly all purchasers and buyers of the same , shall and may have , hold , and quietly enjoy the same to them , their heirs and assigns , according to their respective interests and estates purchased or bought , and according to the rules , conditions and limitations prescribed in the said acts , any law or iudgement to the contrary notwithstanding . hen : scobell , clerk of the parliament . london , printed by john field , printer to the parliament of england . . die lunæ iunii. . resolved upon the question by the the lords and commons in parliament assembled, that the fifth and twentieth part be leavied upon none, but such delinquents as are within the ordinances of sequestrations. england and wales. parliament. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) die lunæ iunii. . resolved upon the question by the the lords and commons in parliament assembled, that the fifth and twentieth part be leavied upon none, but such delinquents as are within the ordinances of sequestrations. england and wales. parliament. sheet ([ ] p.) by john wright, at the kings head in the old-bayley, imprinted at london : . title from caption and text. order to print signed: joh. brown, cler. parliamentorum. reproduction of the original in the british library. eng taxation -- great britain -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no die lunæ iunii. . resolved upon the question by the the lords and commons in parliament assembled, that the fifth and twentieth part b england and wales. parliament. a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion die lunae iunii . . resolved upon the question , by the lords and commons in parliament assembled , that the fifth and twentieth part be leavied upon none , but such delinquents as are within the ordinances of sequestrations . ordered by the lords assembled in parliament , that this order be forthwith printed and published . joh. brown , cler. parliamentorum . imprinted at london for john wright , at the kings head in the old-bayley . . mr. prynnes demand of his liberty to the generall, decemb. , with his answer thereto, and his declaration and protestation thereupon. prynne, william, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing p ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing p estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) mr. prynnes demand of his liberty to the generall, decemb. , with his answer thereto, and his declaration and protestation thereupon. prynne, william, - . broadside. s.n., [london : ] signed at end: william prynne. imprint suggested by wing. the "generall" is lord fairfax. reproduction of original in the harvard university library. eng prynne, william, - . fairfax, thomas fairfax, -- baron, - . great britain -- history -- civil war, - . great britain -- politics and government -- - . a r (wing p ). civilwar no mr. prynnes demand of his liberty to the generall, decemb. . . with his answer thereto; and his declaration and protestation thereupon prynne, william c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - tcp staff (oxford) sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion mr. prynnes demand of his liberty to the generall , decemb. . . with his answer thereto ; and his declaration and protestation thereupon : for the honourable lord fairfax , generall of the present army . these are to acquaint your lordship ; that i being a member of the commons house of parliament , a freeman of england a great sufferer for , and an assertor of the subjects liberties against all regall and prelaticall tyranny , and no way subject to your owne , your councell of warres , or officers military power or jurisdiction , going to the house to discharge my duty on the sixt of this instant december , was on the staires next the commons house doore , forcibly kept back from entring the house , seized on , and carried away thence , ( without anie pretext of lawfull authoritie or cause assigned ) by col. pride and other officers and souldiers of the armie under your command . and notwithstanding the houses demand of my enlargement both by their serjeant and otherwise , ever since unjustly detained under your marshalls custodie , and tossed from place to place , contrarie to the known priviledges of parliament , the libertie of the subject , and fundamentall lawes of the land , which you are engaged to maintain against all violation . and therefore do hereby demand from your lordship my present enlargement , and just libertie , with your answer hereunto . from the kings head in the strand , december . william prynne ; this was delivered to the generalls owne hands at his house in queenestreet , about three of the clock , the same day it beares date ; by doctor bastwicke , who returned this answer by him , upon the reading thereof : that he knew not but mr. prynne was already released , and that hee would send to his officers to know what they had against him . who it seemes act all things without his privity , and steer all the armies present counsells and designes , according to their absolute wills . the publick declaration , and protestation of william prynne of lincolnes inne esquire , against his present restraint : and the present destructive councells , and iesuitical proceedings , of the generall , officers and army . i william prynne , a member of the house of commons and freeman of england ; who have formerly suffered . yeares imprisonment ( four of them close , three in exile ) three pillories , the losse of my eares , calling , estate , for the vindicating of the subjects just rights and liberties against the arbitrary tiranny and iniustice of king and prelates , and defence of the protestant religion here established ; spent most of my strength and studyes in asserting the peoples iust freedome , and the power and priviledges of parliament , against all opposers , and never received one farthing ( by way of dammages , gift , or recompence ) or the smallest benefit or preferment whatsoever , for all my sufferings , and publike services , doe here solemn●y declare , before the most just and righteous god of heaven and earth , ( the searcher of all hearts ) the whole kingdome , english nation , and the world , that having according to the best of my skil and judgment , faithfully discharged my trust and duty in the commons house , upon reall grounds of religion , conscience , justice , law , prudence and right reason , for the speedy and effectuall settlement of the peace and safety of our three distracted , bleeding dying kingdoms , on munday , the th . of december , i was on wednesday morning following ( the sixt of this instant ) going to the house to dischage my duty , on the parliament staires next the commons doore , forcibly seized upon by col. pride , sir hardresse wa●●er , and other officers of the army ( who had then beset the house with strong guards and whole regiments of horse and foot ) haled violently thence into the queens court , notwithstanding my protestation of breach of priviledge , both as a member and a freeman , by a mere usurped tirannicall power , without any lawfull authority , or cause assigned ; and there forcibly detained prisoner ( with other members there restrained by them ) notwithstanding the houses double demand of my present enlargement to attend its service , by the sergeant , and that night [ contrary to faith and promise ] carried prisoner to hell , and there shut up all night , ( with other members ) without any lodging or other accommodations , contrary to the known priviledges of parliament , the fundamentall lawes of the realme , and liberty of the subiect ; which both houses , the three kingdomes , the generall with all officers and souldiers of the army , are by solemn covenant and duty obliged inviolably to maintaine . since which i have , without any lawfvll power or authority , been removed and kept prisoner in severall places , put to great expences , debarred the liberty of my person , calling ; and denyed that hereditary freedome , which being to me of right , both as an freeman , a member , an eminent sufferer for the publike , and a christian , by these who have not the least shaddow of authority or justice to restraine me , and never yet objected the least cause of this my unjust restraint : i do therefore hereby publiquely protest against all these their proceedings , as the highest usurpation of an arbitrary and tyrannicall power , the greatest breach of faith , trust , covenant , priviledges of parliament , and most dangerous encroachment on the subiects liberties , and lawes of the land , ever practised in this kingdome by any king or tyrant , especially by pretended saints , who hold forth nothing but iustice , righteousnesse , liberty of conscience , and publike freedome in all their remonstrance ; whiles they are tryumphantly trampling them all under their armed iron feet . and do further hereby appeal to , & summon them , before all the tribunalls & powers in heaven and earth for exemplary iustice against them , who cry out so much for it against others , lesse tyrannicall , oppressive , uniust , and fedifragus to god and men , then themselves : and doe moreover remonstrate , that all their present exorbitant actings against the king , parliament , present government , & their new-modled representative , are nothing else but the designs and projects of iesuits , popish priests , & recusant , [ who beare chiefe sway in their councels ] to destroy and subvert our religion , lawes , liberties , government , maiestracy , ministry , the present and all future parliaments , the king , his posterity , and our three kingdomes , the generall , yee officers , and army themselves , and that with speedy and inevitable certainty ; to betray them all to our forraigne popish enemies ; and give a just ocasion to the prince and duke , now in the papists power , to alter their religion , & engage them , and al foraign princes and estates to exert all their power to suppresse and extirpate the protestant religion and posessors of it through all the world , which these unchristian , scandalous , treacherous , rebellious , tyrannicall , jesuiticall , disloyal , bloody present counsels and exorbitances of this army of saints , so much pretending to piety and iustice have so deepely wounded , scandalised , and rendred detestable to all pious , carnall and morall men of all conditions . all which i am , and shall alwayes be ready to make good before god , angels , men , and our whole three kingdoms in a free and full parliament , upon all just occasions ; and seal the truth of it with the last drop of my dearest blood . in witnesse whereof , i have hereunto subscribed my name : at the signe of the kings head in the strand : decemb. . . william prynne . by the king a proclamation against the rebels in ireland. england and wales. sovereign ( - : charles ii) this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing c ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing c estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) by the king a proclamation against the rebels in ireland. england and wales. sovereign ( - : charles ii) charles ii, king of england, - . broadside. printed by christopher barker and john bill, london : . reproduction of original in the bodleian library. eng great britain -- politics and government -- - . ireland -- history -- - . ireland -- history -- - . a r (wing c ). civilwar no by the king. a proclamation against the rebels in ireland. england and wales. sovereign c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion cr diev et mon droit honi soit qvi mal y pense royal blazon or coat of arms by the king . a proclamation against the rebels in ireland . charles r. charles by the grace of god , king of england , scotland , france , and ireland , defender of the faith , &c. to all our loving subjects of england and ireland , greeting . wee taking notice by the information of the lords and commons , now assembled in parliament , that after the vast expence of blood and treasure for the suppressing of the late horrid rebellion in ireland , begun in october , . there are yet many of the natives of that our kingdom , deeply guiltly of that rebellion , who have of late br●ke out into new acts of force and uiolence , some murthering , robbing , and despoiling several of our english protestant subjects there planted , and others of them by force entring upon , and disquieting the possessions of several adventurers and souldiers there , to the great and manifest disturbance and hinderance of our english plantation . and being very sensible of the innocent bloud of so many thousands of our english protestant subjects , formerly slain by the hands of those barbarous rebels , and of new mischiefs of the same kind , likely to fall out , as the sad issue and consequents of so unhappy beginnings . do therefore , by the advice of the said lords and commons , now assembled , aswell to testifie our utter abhorring of the said late rebellion , as to prevent the like for the future , and for the present establishment of the peace of that our kingdom , hold it our duty to god and the whole protestant interest , to command , publish , and declare , and doe by this our proclamation , accord●ngly , command , publish and declare , that all irish rebels ( other then such as by articles have liberty to reside in these our dominions , and have not since forfeited the benefit thereof ) now remaining in , or which hereafter shall resort to england or ireland , be forthwith apprehended , and proceeded against as rebels and traitors according to law . and that the adventurers and souldiers , and other our subjects in ireland , their heirs , executors , administrators , and assigns , who on the first day of january last past were in the possession of any of the mannors , castles , houses , lands , tenements , or hereditaments of any the said irish rebels , shall not be disturbed in such their possessions , untill we , by the advice of the lords and commons , now assembled as aforesaid , or such parliament as we shall call in england or ireland , shall take further order , or that they be legally evicted , by due course of law : and all our iustices of peace , majors , sheriffs , and other officers , both civil and military , both in england and ireland , are hereby required to be aiding and assisting in the execution of this our proclamation , as often as occasion shall require . given at our court at whitehall the first day of june . in the twelfth year of our reign . london , printed by christopher barker and iohn bill , printers to the kings most excellent majesty . . a reply to the answer of lieutenant general ludlow, or, his answer to the officers at dublin examined with a concluding word to the present authoritie in parliament / by e.w. e. w., an actor in the late change in ireland. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing w ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing w estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a reply to the answer of lieutenant general ludlow, or, his answer to the officers at dublin examined with a concluding word to the present authoritie in parliament / by e.w. e. w., an actor in the late change in ireland. p. printed by tho. newcomb, london : . reproduction of original in the harvard university library. eng ludlow, edmund, ?- . england and wales. -- army -- history. great britain -- politics and government -- - . a r (wing w ). civilwar no a reply to the answer of lieutenant general ludlow; or his answer to the officers at dublin, examined: with a concluding word to the present e. w., an actor in the late change in ireland b the rate of defects per , words puts this text in the b category of texts with fewer than defects per , words. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - tcp staff (michigan) sampled and proofread - spi global rekeyed and resubmitted - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion a reply to the answer of lieutenant general lvdlow ; or his answer to the officers at dublin , examined : with a concluding word to the present authoritie in parliament . by e. w. an actor in the late change in ireland . tempora mutantur , sed non mutamur in illis . london , printed by tho. newcomb , over-against bainards-castle in thames-street . . a reply to the answer of lieut. general ludlow , or his answer to the officers at dublin examined ; with a concluding word to the present authority in parliament . though , to the understanding reader , who by comparing , knows when a letter is answered , i need have done no more , then to have taken the same letter ( which he saith is answered ) and affix't it in the end , calling it a reply to the answer ; yet because those worthies , to whom the answer appeals for justice , may with the lesse expense of time see how insufficient the answer is , and how unjustly the subscribers of the officers letter , are aspersed almost in every page of the pretended answer , by the nickname of persons that have been for a late single persons interest , i have therefore assumed ( though unwillingly ) this trouble by way of replication : and therefore , sir ; as i am not inclined to detract from your merits , wherein they are praise-worthy , so i would have gladly seen the like ingenuity in your self , towards the gentlemen , who rather have deserved your praise hitherto , then to have been the objects of your frownes and indignation , for what they have done . it seems your stomack will not easily digest any that submitted to the late government of a single person , though they had no hand in setting him up ; but why do you not quarrel with that scripture , rom. . let every soul be subject to the higher powers , for the powers that are , are ordained of god ? let me ask you this question from common-wealth principles ( though i doubt not but your tart words would be silenced from that text ) can you imagine , that if all such were excluded , your petty peevish interest ( to say no more of it ) would be enough to carry on that good old cause so much pretended to ? when yet you saw by experience what knocking of heads there was at your wallingford-house-meetings , to which you so much frequented ( though to the blot of your former service ) and when advised to the contrary by your known friends , surely you that are ready to condemne the parliament , for narrowing their interest now , do much more condemne your self , if that be your opinion . your great care in your answer , is , to make the world believe , that you are the onely person , that hath stood unshaken ( as to the parliaments cause ) in the late protectors day ; but 't is sufficiently known to many witnesses from your own mouth , that your trouble was not , that oliver had pul'd out the parliament ; but that he was seated in the chaire of state , contrary to a former engagement , and so your expected good things , were not like to be accomplisht by him . as for the parliament , you could have been contented then ( as well as since ) if they had never met more : and why then do you condemne others for the same things you are guilty of your self , namely for want of affection to this parliament ? did not all the armies of the three nations , all the fleets at sea , all or most part of the cities , burrows , towns , and counties of this common-wealth , yea , and all plantations of english abroad own his authoritie by letters and addresses , and were there not in all these ( think you ) as faithful men to the parliament as your self ? i might here tell you that you acted sometime your self under him ; for you could be contented to receive pay , as lieutenant general , colonel and captain , and i believe you would have done so to the last day of his reigne , had not orders been given by fleetwood to cross you out of the musters . your distinction here of being the parliaments lieutenant general , will not serve your turne ; for any sober man may see , that though you abhor'd him ( as the jews did swines flesh ) yet you loved the broth of abominable things . in the front of your second page you say , the officers and souldiers ( within your precinct ) of duncannon , at your coming exprest much grief and trouble for the parliaments interruption ; but truly sir , if their after-carriage be considered , which i know you are bound to justifie , i want faith to believe that their sorrow was unfeigned . but your irish harp will make no musick , unlesse you touch upon the same string , and therefore you say in the same page , that you sent to ross , waterford , and other places to presse them to declare for the parliament , not in shew onely , but in reality . answ. truly sir , if you might be judge , no doubt but you would pass as severe a censure upon the persons , as you do upon the actions of those , which yet your masters have judg'd to be real in what they have done , witness their thanks sent them for their good service . but the officers , you say , in declaring for the parliament , designed rather to take advantage against those the parliament had prefer'd , thereby to get into their places , then out of any affection to the parliament . answ. ill-will never speaks well , the best actions of the best of men shall never clear their integrity , if a bare jealous affirmation shall serve as a sufficient accusation . but in the mean time , sir , those officers so intrusted , were very faithful to their masters ; were they not ? when others lesse trusted ( as the like was here about london ) must teach them in commission , their duty , how to obey their masters : the best is , as often and highly as you reflect upon them in ireland , by an easie and due parallel , you reflect upon those few faithful ones , that remain'd in england and scotland . but those in ireland disputed your authority , which was legally derived from the parliament , for whom in the worst of times you have born your faithful witnesse . answ. you are here mistaken in the dispute , which was not whether you had not an authoritie , but whether by your staying amongst the parliaments enemies , and acting as one of the new law-makers , you had not abused that authoritie to the forfeiting of it ; but the officers you say were not iudges of that , but the parliament . answ. in case of necessity , when there is no visible authority , as then there was not ( when they past those votes against you ) they were judges of their own safety . and when afterwards they heard of their sitting , they appeal'd to caesar , whether they desired your return . in the next , you tell them , that though the officers disputed your authority , legally derived from the parliament ; yet they could yield obedience to sir hardress waller that had no commission . answ. his being respited by the parliament at present , did not make null his authority , no more then the present want of their commissions could null all the captains and other officers of the army , for then they had been like sheep without shepherds ; good reason therefore they had to own him ( your substitute having defected ) who was made privy to much of the design , some weeks before it was executed , he being next in command . but sir hardress served a single persons interest whilest he might . answ. he did no more , then the generals at sea , who all ingaged for the service of their countrey , under the command of a single person : who i suppose you do but equally asperse . but sir hardress , with others , subscribed a letter to the army in england , and bid them good speed in their undertakings . answ. in that letter the army of scotland was equally and jointly concern'd and included , and therefore that salute , which is rather your own fiction ( then any thing in realitie ) is to be equally shared between both . but sir hardress cleerly espoused the armies interest , and cast off the parliaments , by the letter sent to general monk . answ. the letter mentioned was prepared by iones , and brought in for subscriptions rather by way of surprize , then debate . and though his policy did subscribe to a complyance , where his opposition would have made him obnoxious , yet the honesty of his policy did quickly appear . object . but that excuse may as well serve the rest of the subscribers as sir hardress , and may justifie all that joyn'd with the army ; for they will all say , they did it out of policy . answ. had they taken an opportunity in season to have oppos'd the army , as he did , the excuse would be sufficient ; but that they did not . in the next place you say , you did not own the army in their late precipitate undertaking , nor acted with them otherwise , then in a military capacity , but refused to joyn in their committee of safety , or committee for nomination . answ. 't is true , you did not so own them ( i believe ) as to contrive the plot for setting up the army as legislators ; as neither did the army of ireland , or the officers , that you say were for the interest of a single person , contrive his setting up ; but you could honestly submit after it was done , as they did ; nay , you could joyn with them in the same work of new government-making . i wonder from hence-forth you should condemn others for that wherein you are ten times more guilty in another kind , and equally in the same kind with themselves , as before proved . but you acted with them only in a military capacity . answ. had cromwell or fairfax gone to the king at oxford , and joyned , or acted with them in a military capacity , would this have served for an excuse to the parliament , or not rather as an aggravation to endanger their not being welcome , when they should return to sit at westminster , as you have done ? but what you did as to government or reformation , was alwayes with an intention to submit the same to this parliaments iudgement . answ. a sorry excuse you think is better then none . but , . who knew your intentions ? . who knew the parliament would ever sit again ? . you have here coin'd an excuse ( such a one as 't is ) for those that were for a single person ; for might not they say , they were for him , only with an intention to submit it to this parliament when they sate . you say in page the eighth , the officers design is to make mole-hills mountains , to asperse and not justifie , and therefore they quarrell with the title of dear friend , written to jones . answ. they cite those words for this end , to let you know what cause they had to be jealous that you , who were a friend to their enemy , could be no good friend to them ; had such a title been written by any member of this house to inchequin after his revolt , it had been enough to have made the whole house jealous , that such a member was no good friend to them ( notwithstanding the pretence of private real friendship . but what you did therein ( you say ) was prudential , he having your sword in his hands . answ. that is , you called him friend till you could appear his enemy , as sir hardresse called general monk enemy , till he could appear his friend . the difference lies only in this , sir hardresse made hast to do the one , when you delaied to do the other . the next clause you say , that is aggravated against you is , that we seem to be necessitated to look towards the long parliament ; it is feared , if they come in without conditions they will be very high . to which , whether you have given a sufficient answer , let the world judge ; for who knew your intentions to escape , or the way by miniard , as you say in your letter ; or who can believe it , that shall consider what you say afterwards ? that when fleetwood heard dublin had declared for the parliament , he sent you away . the gloss by which you would evade this charge ( if i should appeal to your self ) is such , that you will not allow to others , viz. you writ so to iones ( out of policie ) to let him see it was his prudence as well as his dutie , not to do any thing in opposition to the parliaments authoritie , or to your self , who was invested therewith . answ. he was like to do but little either against the parliament , or your self , when before your going out of london , you heard he was imprisoned ; for the mischief he had done was before , of which you had notice by several private letters . and had you went according to the invitations in those letters , you had been most affectionately received , whereas your mition from their enemie was reason to the contrarie . the last clause in your letter ; you say , the officers have to object against you , is this , i hope ere this the commissions for setting of civil iustice on the wheels , are come to your hands . at which you wonder it should be imputed as a crime to you , by those who were free , that the administration of civil justice should be derived from a military hand , during the protectors reign . 't is therefore to be feared , you say , they rather dislike the persons then the thing it self . answ. the imputation of it as a crime to you , was , because the authority of that sword , that pul'd out the parliament , was thereby justified , when yet you would have the world to belive you were pleading against the army to bring them in ; and if it were alwaies your principle to oppose the swords authority , why was it not in this ? the truth is , your words may here be justly retorted , that you dislike persons and not things ; for you can make use of it as a discriminating act against all that submitted to it in a single person , and yet you can find arguments to plead for it , when it relates to the army . but you say , 't is the lawyers opinion , that whosoever is actually in power , may set the wheels of iustice going . answ. but the army in england had nothing to do with ireland , nor could they be in actual power , when there was a ballancing power in general monk , that opposed them . and if the army in ireland should have argued thus , to set their wheels of justice going , no doubt but you would have had better grounds for those reports you have raised , then yet you had . i wish it may be prevented by a timely a consideration of their sufferings ; necessity is lawless . but you seem much to rejoyce that you have so just a bar to appeal unto , as that of the parliaments , who you doubt not but will protect you against the malicious prosecution of any cavilerish spirit whatsoever . answ. in this you would insinuate the subscribers to be cavileers , and therefore they may equally rejoyce with you , as well for their own sakes as for yours ; they have that power to appeal to now sitting , for whose restitution they have so freely adventured their all . . i will not say 't is as strange to see how you interfere in your principles , who can now own them as a parliament , when not long since ( you told some of themselves ) you did not look upon them as a parliament , but as a company of honest gentlemen that met there for the good of their countrey , and upon that accompt you joyn'd with them . in concluding of the paragraph , page . you say , if to be fai●hfull and constant to the parliament , in opposition to a single person , king-ship , &c. if to bear witnesse against such as are disaffected to publick interest , or as are vicious in their lives and conversations , &c. be high treason , you then confesse your self guilty . answ. if that were all , i should say the same with you ; but stay sir , there is somewhat else : is it fidelity to this parliament , for a general of ireland to come from thence , and sit in the counsels of their enemies ? would this have been judg'd so , had any member of the house , or general of their army gone to sit with the kings counsels , as i said before , in oxford ? nay , have not the house already determined it in their sentencing of sir henry vane , and major sallaway ? is it fidelity to the parliament to be ingaged as one of the chief to settle a new foundation of government for these nations ? is this to bear your witness , against such as are disaffected to the parliaments interest ? who were ever against the parliament , if such be not , that shall presume to pull out their masters , and make null their lawes , and yet with such you could joyne ; whether this be the substance of the articles , or all that is to be said , i will not determine . but certainly , if these things are not treason , they are highly criminal . for ( to make the best of it ) can any rational man think that 't is a sufficient plea for a general of an army , to quit his duty as a general , to run to the enemies counsels to intreat them to let their masters sit again . you tell them again in page . of your intentions to 〈◊〉 thorow into ireland , in order to compose the difference there . answ. but why were not your intentions put in practise till within two dayes of the parliaments sitting ; can any man judge your intentions to be real , when your actions were contrary ? had you been made a prisoner for endeavouring to escape , the army in ireland would have unanimously declared for you : but it seems there was no such danger ; for in the same pag. you say , you had laboured with the lord fleetwood , that you might repair to your charge above a moneth or five weeks before he sent you ; an ill sign your intentions were real : for to use your own words in the same page ; had that power any longer prevail'd , you had staid longer with them , ( i am sure nothing less can be imply'd : ) but you say , fleetwood having received a letter from captain algat , that ireland had declared for the parliament , he then thought it necessary you should repair to your charge . answ. it seems you were one of those soldiers that was under authority , when you were bid stay , you stai'd ; and when you were bid go , you went . and is this to shew your fidelity to the parliament , of which you so much boast , that you would not adventure some hazards to get from their enemies ? or who will not say , the army of ireland had sufficient cause to conclude , that if you had been a friend to the parliament , you had been clapt up in london , and not sent away with a mandamus by fleetwood . in page . you say , your brother kempsons name was set to the declaration , contrary to his minde , because he did not like the company . answ. the latter i easily believe , because he found no whimsical persons amongst them ; but i assure you the former is not true , for he ordered the clerk to set his name , after some contest had been , about the words , our lieutenant general . but , you say , you looked upon it as your dutie to hasten into ireland , because many persons that had subscribed the declaration were of a contrary principle thereto , and adhered to another interest , namely that of a single person . answ. but suppose they had been such , are your principles so rigid and imposing ( which you yet condemn in others ) as you will never admit of repentance ? . but why more hast now then good speed ? had your haste been so hastie , you would have hasted over before , to have hindred that revolt that was made from the parliament ; but it seems there was no danger on that side ; for if the work were done , as you declared at connaway , you did not care by what instruments , so it might not be by a single person . in the same page to answer the officers , you tell them , that before you left london , you took your leave of the speaker and left the addresse of the officers with him , which declar'd their hearty affections to this parliament , and their resolution to stand by them , to which very few of the subscribers hearts or hands then were . answ. no doubt your going to the speaker at that time was your wisdome ; but certainly there would have appeared more integritie had you gone sooner , or else have published the addresse in print as soon as you came to london ; but when it might have done good , you could keep it in obscurity , and then discover it when be sure it was of no advantage ; 't is well their fidelitie was better made knowne by their own actions then by yours . the designe of the subscribers , you say , is now laid open by their imprisoning many persons that did declare for the parliament , though not with them . answ. friendship is best known in time of straights ; at such a season the army in ireland generally shewed their fidelitie , whereas several now under restraint declar'd not till forc'd to it , and the rest had publickly defected from the very beginning ; but the world may see by this , who you judge to be the parliaments best friends . in the next , you say , it is now out of doubt they are for the king , because the moderatest of that party have publickly declar'd for sir george booth's design . answ. there is much fraud in a general charge ; why do you not come to particulars , who they are ? indeed sir , if it may not offend you to compare persons with persons , i must then tell you , sir george booths offence will appear to deserve a favourable extenuation , caeteris paribus , when the crimes of the late disturbers will be found flat rebellion . in page . you say , had you been upon the place of your command , as general monk was , when the resolution of the army came to you , the advice of the officers had been good , but you were in your journey towards london , when you first received the news . answ. you received the news before you landed at connaway in wales , and advice was given you to returne for ireland ; which if you had done , you might have been in the same posture quickly with general monk , had there been but the like affections ; the want whereof you sufficiently discovered to sr. henry ingoldsby ; when you told him , that if those in power ( meaning the army ) would do but as good things for the nations ; so the work was done , you cared not who were the instruments ; a strange expression for a parliaments general , who stands so much to vindicate his constant good affection . the next thing you seeme to vindicate your self in , is in the election of the officers that were to be sent to london , where you say , if they were design'd in opposition to the parliament , it was contrary to what you intended ; and general monk commissioners having consented , made you the more willing . ans. but their meeting to such an end was not contrary to your knowledge , it being the third article ; and surely you could not plead ignorance , what the articles were , when you confesse the commissioners before mentioned had sign'd them . but you had the better hope of such a meeting of the general council , because as you say , three parts of the army had not been engaged in that interruption , only that part about london . answ. 't is the same thing to justifie an evil act when done , as to be actors in it ; or else , why do you condemn the officers in ireland for owning the interest of a single person when set up , though they had no hand in the doing thereof ? but 't is easier to see how partial your judgement is , especially considering the declarations that were sent up to general fleetwood from lilborne , and severall others parts , to owne the action . you say , your letters to colonel richards do sufficiently explaine what you meant , by the advice you gave , to choose such men that were spirited to the work . answ. but how should the rest of the officers , to whom you writ , know your meaning , when you never told them to whom they should apply themselves for explanation ? surely since you are so exact to remember the contents of his letter , amongst so many , you intended that should shelter you in case of a future storm . but , the subscribers , you say , shew how ready they were to comply with the army in england , by calling an irish parliament to meet on the same day . answ. suppose the armie in ireland to supply their necessities , had taken an example from general monk in scotland , when all visible face of authoritie was pull'd down by the armie in england ; had this been such a hainous crime ? truly sir , in condemning them for this , you do but equally charge him , whose actions hath sufficiently appear'd honourable to the world . you now draw on to your concluding page , and say , thus you hope satisfactorily you have given an answer to each particular in the letter . answ. but how well i appeal to your judges . the truth is , that which you call an answer is nothing but an evasion fill'd with bespattering termes , a thing you complain of in your opposites ; and the chief parts of your answer consists , either in condemning the persons or actions of those the parliament have justified , or pleading your own authoritie , which , for ought i know , you have sufficiently forfeited ; or your good intentions , which none knew but your self . in your last page , you say , you have made it your practice , according to your principles , to promote an english interest in ireland , and to give countenance to all such who fear god . answ. but is that the way to promote an english interest in ireland , or to countenance such as fear god , and work righteousnesse ? to set up faction , and to lay aside officers , saying , o he is a presbyterian ! what brave encouragement this was for any sober , honest englishman to come over and plant in that nation , let the world judge . but , you say , many that now pretend to wish well to the parliament laid down their commissions when they were restored , and some were laid aside by this parliament , and o-others were so to be , because of their adherence to a contrary interest , and for viciousnesse of life and conversation . answ. the first sort are ( wilfully ) mistaken , for the true reason of laying down their commissions , was because they could not run , with those sonnes of errour , who had the onely smiles of your authoritie : the second sort have been alreadie vindicated , who by their actions have shewed themselves much more faithful then those , in which you so much confided : but seeing the parliament have been mistaken in their friends once , i hope they will take heed who they trust now ; and to conclude , let me here intreat our present worthies , not to look upon their cause to be so tottering , thar they must needs go down to egypt for help ; take heed of such oathes , that will turn out men of sobrietie , and not onely make way for all the factious spirits of the nations , to bring them in again to its support , who make no conscience of keeping them , but do engage men to fight against heaven ; let god be trusted with his own cause in his own way , without leaning upon such broken reeds . those that are sober christians , though of different perswasions , countenance ; but this hath not been our case , pragmatical , sausie , impudent fellows , whose tongues were set on fire of hell , to raile against ministrie , learning , tyrhes , or that could preach ( yea , rather prate ) for tolerating all heresie and blasphemy , these have been the chief objects of favour , by which means you have lost five hundred for one in the affections of the nations , and had so narrowed your interest , that the parliaments cause for many years hath run retrograde , whereas , were but the house fill'd , a synod call'd , and religion settled , with a sober toleration , the good old cause would thrive in spight of hell , without which , give me leave to tell you , a blast from the almighty will suddenly come upon it and the nations . finis . notes, typically marginal, from the original text notes for div a e- though the officers fidelity may justly merit the places , yet all is submitted to the parliaments pleasure , who in answer to the armies humble representation , voted this as answer to one of the heads therein contained , that such whos good service should merit inc●uragement or re-reward , should accordingly have it ; and though they have merited their thanks , yet whether they have deserved their places , is at their judgment a copy of the presentment and indictment found and exhibited by the grand-jury of middlesex in the upper bench at westminster, on the last day of killary term, : against collonel matthew alured, collonel john okey, (the captains of the gards) and edmond cooper (one of the door keepers) for assaulting and keeping sir gilbert gerrard baronet, one of the knights of the shire for their county, by force and arms out of the commons house of parliament, on the [th] day of december last, when members more were in like sort secluded and kept out of the house by them, which will serve as a president for other counties, and secluders of other members. alured, matthew. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing c ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing c estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a copy of the presentment and indictment found and exhibited by the grand-jury of middlesex in the upper bench at westminster, on the last day of killary term, : against collonel matthew alured, collonel john okey, (the captains of the gards) and edmond cooper (one of the door keepers) for assaulting and keeping sir gilbert gerrard baronet, one of the knights of the shire for their county, by force and arms out of the commons house of parliament, on the [th] day of december last, when members more were in like sort secluded and kept out of the house by them, which will serve as a president for other counties, and secluders of other members. alured, matthew. okey, john, d. . cooper, edmond. westminster (middlesex). grand jury. broadside. printed for edward thomas ..., london : . reproduction of original in the society of antiquaries library, london. eng great britain -- history -- commonwealth and protectorate, - . great britain -- politics and government -- - . a r (wing c ). civilwar no a copy of the presentment and indictment found and exhibited by the grand-jury of middlesex, in the upper bench at westminster, on the last alured, matthew c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - andrew kuster sampled and proofread - andrew kuster text and markup reviewed and edited - pfs batch review (qc) and xml conversion a copy of the presentment and indictment found and exhibited by the grand-jury of middlesex , in the upper bench at westminster , on the last day of hillary term , . against collonel matthew alured , collonel john okey , ( the captains of the gards ) and edmond cooper ( one of the door keepers ) for assaulting and keeping sir gilbert gerrard baronet , one of the knights of the shire for their county , by force and arms out of the commons house of parliament , on the . day of december last ; when . members more were in like sort secluded and kept out of the house by them : which will serve as a president for other counties , and future secluders of the members . the jurors , &c. do present , that whereas by the laws of england , and the custom and privileges of the parliaments thereof , every knight , citizen and burgess● duly chosen and retorned to sit in the parliaments of england , ought to have free accesse and entrance into the commons house of parliament , and therein freely to sit and vote during the continuance of the said parliaments , without any forcible interruption or hinderance ; and whereas there was a parliament duly summoned to meet at westminster , within the county of middlesex on the third day of november in the year of our lord , ( after the computation of england ) . and whereas sir gilbert gerrard of harrow on the hill in the county of middlesex aforesaid baronet , was by the freeholders of the said county , duly elected , and retorned one of the knights of the said county , with full and sufficient power for himself , and the commonalty of the said county , to sit and vote in the said commons house of parliament , and to doe and consent to all such things as should be ordained by common council of parliament , during the continuance of the said parliament , without any forcible interruption or hinderance ; neverthelesse , colonel matthew alured , late of westminster in the county of middlesex aforesaid gent. colonel john okey , late of westminster aforesaid in the said county gent. and edmond cooper late of vvestminster aforesaid in the said county laborer , together with divers other persons to the said iurors yet unknown , on the . day of december , in the year of our lord . at vvestminster aforesaid , in the county aforesaid , with force and arms , &c. in and upon the said sir gilbert gerrard baronet , in the peace of god and in the publike peace then and there being , and going to and endeavouring to enter into the house of commons of parliament aforesaid , at westminster aforesaid , in the county aforesaid , then and there being and sitting , to sit and discharge his duty therein , as one of the knights of the said county of middlesex and a member of the said commons house of parliament , an assault did make , and then and there with force and arms aforesaid , him the said sir gilbert gerrard did forcibly and unjustly keep out of the said commons house of parliament , and hinder him from entring into the said house to discharge his duty aforesaid therein ; to the high violation of the privileges of parliament , the great and pernicious example of other malefactors , and against the peace of the commonwealth of england . london , printed for edward thomas at the adam and eve in little britain● , . a speech of vvilliam thomas, esqvire in parliament in may being a short view and examination of the actions of bishops in parliament from anno dom. to this present of in the severall reignes of kings and queens of this kingdome of england, &c. : in all and each of their times it is made to appeare they have been most obnoxious to prince and people and therefore that it is not fit or convenient that they should continue members of that honourable house in which they have beene so disloyally and traiterously affected to regality and no lesse mischievous and pernicious to church and commonwealth. thomas, william, sir, d. ? this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing t ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing t estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; :e , no ) a speech of vvilliam thomas, esqvire in parliament in may being a short view and examination of the actions of bishops in parliament from anno dom. to this present of in the severall reignes of kings and queens of this kingdome of england, &c. : in all and each of their times it is made to appeare they have been most obnoxious to prince and people and therefore that it is not fit or convenient that they should continue members of that honourable house in which they have beene so disloyally and traiterously affected to regality and no lesse mischievous and pernicious to church and commonwealth. thomas, william, sir, d. ? [ ], p. by tho. harper, printed at london : . reproduction of original in thomason collection, british library. eng church of england -- bishops -- temporal power. great britain -- politics and government -- - -- sources. a r (wing t ). civilwar no a speech of vvilliam thomas esquire, in parliament in may, . being a short view and examination of the actions of bishops in parliament, thomas, william, sir f the rate of defects per , words puts this text in the f category of texts with or more defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - judith siefring sampled and proofread - judith siefring text and markup reviewed and edited - pfs batch review (qc) and xml conversion a speech of vvilliam thomas esqvire , in parliament in may , . being a short view and examination of the actions of bishops in parliament , from anno dom. . to this present of . in the severall reignes of . kings and queens of this kingdome of england , &c. in all and each of their times it is made to appeare they have been most obnoxious to prince and people , and therefore that it is not fit or convenient that they should continue members of that honourable house , in which they have beene so disloyally and traiterously affected to regality , and no lesse mischievous and pernicious to church and commonwealth . a speech of william thomas esqvire . i have formerly spoken of the present church government , by archbishops , bishops , &c. declaring the corruption and unsoundnesse thereof , and how farre degenerate , if not contrary to the pure primitive ▪ apostolicall institution : also i have touched a little of the other parts , as how unlawfull it was for them to intermeddle in temporall affaires , to use civill power , or to sit as iudges in any court , much lesse in the court of parliament , where they passe censure and judgement not onely of our lives and liberties , but on the estates and inheritance and blood , as of us , so of our posterity : and as this is unlawfull by the divine law , so by the canons of the church , yea of this church , and acts of parliament of this realme , ( whereof i shall further enlarge myselfe in my ●●●●ing discourse : ) so hath their sitting there beene prejudiciall and obnoxious to kings and subjects . now i desire briefly to declare when and how the bishops came to be members in the parliaments in the house of the lords , and by what meanes they continued their sitting there ; because prescription is much insisted upon ; although long usage ( as king iames truly delivereth ) confirmeth no right , ( if unlawfull originally , or at convenient times interrupted . ) and whereas it hath beene demanded why the first of our reasons , viz. that it hindreth ecclesiasticall vocation was not urged . yeares agoe . i answer , there was then no cause ; for the first beginning of parliaments was not . yeares after . but if this had beene delivered of the lawfulnesse and conveniency of their intermedling in temporall affaires , i should have replyed that it hath beene declared not onely . but . yeares agoe , and in each century since . but supposing and granting that it was meant of such parliaments as were before the conquest , you shall finde that above . yeares agoe the prelates are charged ( by their intermedling in secular affaires ) to neglect the office of episcopall function . for this we read : the clergy altogether were unlearned , wanton , and vicious , for the prelates altogether neglected the office of episcopall function , which was to tender the affaires of the church , and to feed the slocke of christ , lived themselves idle and coveto●s , addicted wholly to the pompe of the world , and voluptuous life , little caring for the churches and soules committed to their charge . and if any ( saith higden ) told them that their lives ought to be holy , and their conversation without covetousnesse , according to the sacred prescript , and vertuous example of their elders , they would scoffingly put them off with a nunc aliuá tempus alii pro tempore mores . thus , saith he , they plained the roughnesse of their doings with the smoothnesse of their answers . briefly , they were so loose and riotous ( saith gervasius of canterbury ) that they fell so fast to commit wickednesse , as to be ignorant of sinfull crimes , was then held to be a great crime it selfe . and the clergy ( saith malmsbury ) contenting themselves with triviall literature , could scarcely hack ▪ and hew out the words of the sacrament . robert was then archbishop of canterbury , who instigated king edward the confessor against his mother queene emma , charging her with incontinency with alwyn bishop of winchester , ( observe how one locust stings another ) which she washt away , and cleared her selfe of by a sharpe tryall of fire , candentes ferri , being put ( according to the law ordalium ) to cleare her selfe , by passing nine plough-shares , glowing red hot , bare-footed and blind-folded , which she did without hurt . and as this bishop had charged the queene his mother with incontinence , so did he likewise the queene his wife edith or egith with adultery ; but no lesse untruly and unjustly , then maliciously and enviously , as saith malmesbury , shee being a lady incomparable , as for beauty , so for vertue , in whose breast there was a schoole of all liberall sciences . and the like testifies ingulphus , that had often conference with her , that as she was beautifull , and excellent well learned , so in her demeanour and whole course of life , a virgin most chaste , humble , and unfainedly holy , milde , modest , faithfull , and innocent , not ever hurtfull to any . and doe we not reade that about the yeare . that bishop alfred had his hand deepe in the murder of prince alfred , who , having his eyes inhumanely put out , lived not long after , in torment and griefe : some say he died by a more horrible kinde of cruelty , as his belly was opened , and one end of his bowels fastned to a stake , his body pricked with sharp poniards , till all his entrailes were extracted , in which most savage torture he ended his innocent life . these bishops little regarded ecclesiasticall vocation or function , but worldly pompe and courtly rule . they cannot bee at assemblies of states and parliaments , but their neglected flock must be starved ; these feed not their hungry sheepe , but hunger to feed on them ; and this care of the world volves them in a world of cares . what hath beene spoken of those bishops , i wish had not been delivered of other latter prelates , wherein i crave leave to speake what others write . that they are growne to that height of idlenesse ( the mother of ignorance and luxury within themselves ) and by reason thereof , in contempt and base estimation with the people , that it is thought high time that blood should bee drawn from their swelling veines : i will not ( though perhaps i might ) say with them , that the commonwealth hath little use of such ( i mean of over lordly bishops ) out for that they are so far degenerated from the primitive institution , i wish there were reformation , i speake not of demolishing ▪ but of amendment and restitution , and untill it appeare that the whole is unsound , i shall not assent to utter extirpation or eradication . thus much i have made bold to deliver , though not in due place , nor in any purpose to plead against those or any of them that have declared themselves to bee of contrary opinion : i am not ignorant of my disability to enter the lists with any , or to contend with such worthies in this or other argument : but i hope there will not be denied to me leave and liberty to declare the cause and reason of my vote in this house , in which i have the honour to sit as a member : and if i have erred , i have beene mis-led not onely by learned fathers and divines , by synods and generall councels , but by great lords and barons , yea by the whole peerage of these kingdomes of england and france : peter lord primandy and barree , who writ the french academy , and dedicated the same to henry the . king of france and poland , in that booke and chapter of the causes that bred change , saith , that bishops and prelates neglecting their charge to bestow their times in worldly affaires , grew to misliking and contempt , have procured great offences , and marvellous trouble , which may more easily be lamented then taken away , or reformed , being such abuses as have taken deepe root . and what he affirmeth did the peeres of france unitely deliver , that bishops should follow saint peters steps , to winne soules , and not to meddle with wars , and murder of mens bodies . but to come neere and to speake of this kingdome of england , let us heare what the english lords did declare ; we read that they did decree in the time and reigne of king john , that bishops should not intermeddle in civill affaires , or rule as princes over their vas●alls , and the reason is ●enderd ; for peter , ( say they ) received no power but onely in matters pertaining to the church : and further enlarging themselves , use these words : it appertaines not to bishops to deale in secular affaires , since peter onely received of our saviour a power in matters ecclesiastic all : what ( say they ) hath the prelats to entermeddle with wars , such are constantines successors , not peters , whom as they represent not in good actions , so neither doe they in authority : fie on such rascal ribaulds , the words in paris are marcidi ribaldi , how unlike are they to peter that usurpe peters place ? but this point of intermedling in secular affaires ( though i have often digressed ) and intermingled with the former parts , is proved in its proper place to bee unlawfull ( viz. ) in that part that treateth therof , craving pardon for this deviation , i will pursue the present argument ( the obnoxiousnesse of their sitting in parliament ) and come to the points i intended to insist on ( viz. ) the entrance of bishops into the parliament house , and by what meanes they came there and continued : that they have sate there from the first parliament to this is not denied : but as we are not now to consider an suerunt , but an profuerunt , so are we not to debate and discusse an factum , but an sieri debuit , for it was the argument of a pagan ( viz. ) symmachus to the emperor theodosius recorded by saint amb. servanda est tot saeculis fides nostra , & sequendi sunt majores nostri qui secuti sunt faelicitur suos . our religion which hath continued so many yeares is still to be retained , and our ancestors are to bee followed by us who happily traced the steps of their forefathers , but ( with tertullian ) nullam v●lo con●uetudinem defendas , if good , no matter how short , since , if bad , the longer the worse ; antiquity without truth ( as saith cyprian ) is but ancient error . the first parliament ( as i reade ) began . or thereabouts , and in the sixteeneth or seventeenth yeare of king henry the first , who being an usurper , brought in by the bishops to the disherison of robert his elder brother , admitted the said bishops to be members of the said high court , partly ingratefulnesse , but rather for that he durst not doe otherwise : for was not ralfe the then archbishop of canterbury so proud and insolent a prelate , that was read of him , that when roger bishop of salsbury was to celebrate the kings coronation by reason of the palsie of the archbishop , this ●holerick outdaring prelate could hardly be intreated by the lords , to withhold his hands from striking the crowne from the kings head : of such spirits were these spirirituall prelates , and the jealousie to lose their pompous preheminence of honors , yet had he no other reason for this his sau●ines and bold attempt , but for that roger did not this by his appointment . at the same time t●ursto● was archbishop of yorke , who , though a disloyall and perjured man by breach of his oath to the king , yet was hee highly favoured and countenanced by the pope , and put into that see by him , in dispite of the said king . and as hee , so the rest of the bishops ( not lesse guilty , nor much lesse potent ) were likewise admitted members of that high court ; and to speake plainly , how could he spare their being in that house who were to justifie his title to the crowne ? ▪ now passe we to king stephen , another usurper , nephew to the former king henry , him ( though he had an elder brother , and before them both the title of anjou by his wife maud the empresse , as also of his son henry to precede ) the bishops did advance to the royal throne , no lesse persidiously then traiterously , having formerly sworne to maud the empresse . we are also to understand , that the bishop of winchester was his brother , a very potent man in the state ; and it is worthy our noting , that the bishops did endeavour to salve their disloyalty and perjury , by bringing in the salicke law to this kingdome , traiterously avowing , that it was basenes for so many and so great peers to be subject to a woman : nay , it seemeth the bishops did not intend to be true subjects to him , though a brave and worthy prince , ( had his title to the crowne been as good as the prelates at his election did declare : ) for read we not that the bishops of salisbury , lincolne , ely , and others , did fortifie castles against him , and advanced to him in armed and warlicke manner : nay , did not his brother , the bishop of winchester forsake him , and in a synod of clergie accursed all those that withstood the empresse maud , blessing all that assisted her . surely this curse ought to have fallen on himself and the archbishop , who did trouble the realm , with fire and sword . sure as these were too great to bee put out of parliament , so were they very dangerous therein . vnto stephen succeed henry . in this time thomas becket was archbishop of canterbury ▪ what his demeanour toward his soveraigne was , and what mischiefe was by him occasioned to the kingdome , would take too much time to declare ; and though some papists that adore him for a saint , will say , he resisted on just cause , yet i will deliver what i read , and render him with the chronicles , an arch-traytor , and tell you that the doctors in paris did debate whether he were damned for his disloyalty , rogerus the norman avowing , that he deserved death and damnation for his contumacie toward the king , the minister of god . from him i passe to his sonne richard the first , who had two brothers that were bishops , the one of duresme , the other of lincolne , and after archbishop of yorke , and going to the holy land , appointed for governour of the kingdome , william longchampe chiefe iusticiar , and lord chancellour of england , and papall legat. this viceroy , or rather king ▪ ( for so paris calles him ) rex & sacerdos , had joyned with him hugh bishop of duresme for the parts beyond humber . this kingly ▪ bishop ( as authors deliver ) did use incredible insolence and intollerable tyranny , and commit a most sacrilegious and barbarous out-rage upon the person of ieffery , archbishop of yorke , and naturall brother to k. r. the first ; for which afterwards ( being taken in a curtesans apparrell and attire , velut delicata muliercula ) hee was banished the realme . now as it was very difficult to turne such papall bishops and regulos out of parliament : so certainly such lord bishops did there worke no little mischiefe to regall power , the subjects liberties , and the weale publick ▪ certainly this was not the duty and office of a bishop ; surely the silke and scarlet robes of princes and iusticiars , were as undecent for these bishops , as was the coat of iron of the bishop of beavois , taken prisoner by this king , which hee sent to the pope , with a vide an tunica silii tui sit , an non : to which hee made answer , that he was not his sonne , nor the sonne of the church . for hee had put off the peaceable prelate , and put on the warlicke souldier , tooke a shield in stead of a cope , a sword for a stole , a curac● for an albe , a helm●● for a miter , a lance for a bishops staffe , perverting the order and course of things . thus we see that a bishop must destroy mens lives either as a iusticiar in court , or as a souldier in camp . qui si non aliqua nocuisset mortuus est , they will doe any thing but what they ought to doe ( feed the flocke ; ) they desire rather to sit in parliament then stand in a pulpit , accounting preaching ( according to b. iuel ) so far below their greatnesse , as indeed it is above their goodnesse . we neither deny or reject episcopacy or church government it selfe , but the corruptions thereof : and we say , that the bishops who stiffely maintained those corruptions , have inforced this our distaste . when iacob was forced to depart from laban for ill usage , i conceive that the breach was in laban , not in iacob . so also those that did forsake babylon ( god commanding to depart from it ) lest they should be partakers of their punishment , as they were guilty of their crimes , did not occasion the schisme or breach , but the sinnes of babylon : and we confesse , that true it is , that we refuse and forsake the present church government , but no further then it hath forsaken pure and primitive institution , therefore let none say that wee are desirous of innovation : for i thinke we may boldly with the forenamed reverend bishop iewel , affirme , nos non sumus novatores . from k. r. i come to k. iohn , an usurper likewise , who was advanced to the regall throne by archbishop hubert and the prelates . this lewd bishop unjustly declaring this and all other kingdomes to bee elective , and that no man hath right or fore-title to succeed another in a kingdome , but must be by the body of the kingdome thereunto chosen , with invocation of grace and guidance of gods holy spirit ; alledging further , and that ( most plainly ) by example of david and saul , that whosoever in a kingdome excelled all in valour and vertue , ought to surmount all in rule and authority ; and therefore they had all u●an●●●●usly elected iohn ( first imploring the holy ghosts assistance ) as well in regard of his merits , as royall bloud . and thus the bishops blanch their disloyall assertion with sacred writ , and their lewd devised plot with the holy ghosts assistance . hereby they rejected the just title and hereditary succession of arthur his elder brothers sonne . and as he did this disherision unjustly and disloyally , so did hee this election lewdly and fraudulently , as himselfe after confessed , when being demanded the reason of his so doing , he replied , that as iohn by election got the crowne , so by ejection upon demerit ▪ he might lose the same ; which after he did endeavour to his utmost , and at last effected by depriving him of life and kingdome . let me not be misconceived , i know hubert died eight or ten yeares before him , but what he did begin and forward , was furthered and pursued by stephen langton , and other bishops and prelates , too long to rehearse . his other brother being archb. of york , a strange example , saith malm. to have a king ruled by two brethren of so turbulent humours . many of their treasonable acts and disloyalties , i will omit , and passing by as well particular bishops and prelates , as stephen archdeacon of norwich , and others , as also of them in the generall , i will onely relate one villanous passage of traiterous disloyalty ; whereof ( as good authours deliver ) the archbishops and prelats were principall abetters and conspirers . the king being at oxford , the bishops and barons came thither with armed multitudes without number , and forced him to yeeld , that the government should bee swayed by twenty five selected peeres . thus one of the greatest soveraigns was but the six & twentieth petty king in his owne dominions , &c. to him succeeded his sonne , k. h. , who being at clarkenwell in the house of the prior of s. iohns , was told by him no lesse sawcily then disloyally ( if i may not say trayterously ) that he should be no longer king then hee did right to the prelates . whereto hee answered : what ? doe you meane to deprive me of my kingdom , and afterward murder me , as you did my father ? and indeed they performed little lesse , as shall hereafter appear . but now to take the particular passages in order . in this kings reigne stephen then archbishop of canterbury , as we read , was the ring-leader of disorders both in church and state ; and no better was peter bishop of winchester . but not to speake of them in particular , but of them all in generall , and that in parliament at oxford thus wee read , to the parliament at oxford , saith matth. paris , and matth. westm. came the seditious earles and barons with whom the bishops pontisice's ( ne dicam pharisei , those were his words ) had taken counsell against the king , the lords annointed , who sternly propounded to the king sundry traiterous articles , to which they required his assent ; but not to reckon all the points , you shall heare what the same authours deliver of their intent , i will repeat the words as i finde them . these turbulent nobles , saith m. west . had yet a further plot then all this , which was first hatched by the disloyall bishops , which was , that foure and twenty persons should there bee chosen to have the whole administration of the k. and state , and yearly appointment of all great officers , reserving onely to the king the highest place at meetings . primus accubitus in caenis , and salutations of honour in publicke places . to which they forced him and his sonne prince edward to sweare for feare ( as mine authour saith ) of perpetuall imprisonment , if not worse : for the traiterous lords had by an edict threatned death to all that resisted . and the perfidious and wicked archbishop and bishops , cursing all that should rebell against it : which impudent and traiterous disloyalty ( saith matth. paris , and matth. westm. ) the monks did detest , asking with what fore-heads the priests durst thus impaire the kingly majesty , expressely against their sworne fidelity to him . here we see the monks more loyall and honest then the lord bishops : wee have cashiered the poore monkes , and are we afraid of the bishops lordlinesse , that they must continue and sit in parliament , to the prejudice of the king and people ? and so we may observe , that this traiterous bishop did make this king as the former had done his father , meerely titular . from him i passe to his son edward the first : in his reigne boniface was archbishop of canterbury and brother to the queene , what he and the rest of the prelats did in prejudice to the regall authority and weale publique i will passe over , the rather for that they declare themselves in his sons reigne so wicked and disloyall that no age can parallell , of which thus in briefe ; doth not thomas de la more call the bishop of hereford arch plotter of treason , omnis mali architectum , and not to speake of his contriving the death of the late chancellour , and other particular villanies , he is branded together with winchester then chancellour , and norwich lord treasurer , to occasion the dethroning of this prince : nay , after long imprisonment , his very life taken away by bishop thorltons aenigmaticall verse ( though he after denied it ) edwardum occidere nolite timere bonum est . but this , adam de orleton , alias to●leton , and his fellow bishops in this kings reigne , i may not slightly passe over : therefore i desire wee may take a further view of them . first of this adam bishop of hereford , we finde that he was stript of all his temporalties , for supporting the mortimers in the barons quarrell . hee being ( saith thomas de la more ) a man of most subtile wit , and in all worldly policies profound , daring to doe great things , and factious withall , who made against king edward the second a great secret party . to which h●nry burwash bishop of lincolne ( for like causes deprived of his temporalties ) joyned himselfe , as also ely and others , walter stapleton , bishop of exeter , a turne-coat , left the queen and came to england to in●orme the king of his queenes too great familiarity with mortimer , which after cost him his head . perhaps some now ( as thomas de la more ) will say , he was therein a good man ; yet i will take leave to thinke ▪ nor doe i feare to speake it , this was no part of episcopall function . but i will passe him by , not concluding him either good or bad , every man may thinke as hee pleaseth , i will declare the traiterous and disloyall actions of the other bishop formerly mentioned . this bishop of hereford , whom i finde called the queens bosome councellour , preaching at oxford , tooke for text , my head , my head aketh , kings . . concluding more like a butcher then a divine , that an a king and sick head of a kingdome , was of necessity to be taken off , and not to bee tampered with by any other physicke , whereby it is probable , that he was the authour of that aenigmaticall verse formerly recited , edwardum occidere , &c. and well may wee beleeve it ▪ for we finde that he caused roger baldock bishop of norwich , the late lord chancellour , to die miserably in newgate . not much better were ely , lincolne , winchester , and other bishops that adhered to the queene , mortimer and others of her part . nor can i commend those bishops that were for the king and the spencers . the archbishop of canterbury , and his suffragans , decreeing the revocation of those pestilent peers , the judgemen given against them judged a● erroneous . thus these lord bishops , as all in a manner , both before and after , in stead of feeding the flock o● christ only , plotted dismall warres , death and destruction of christians . i might tell you how in this kings reigne , as in others , they perswaded the lords , and peeres of the realme , that they had power and right not onely to reform the kings house and councell , and to place and displace all great officers at their pleasure , but even a joynt interest in the regiment of the kingdome , together with the king . and now will any say , no bishop no king : yet one word more before i part with these bishops : what ground-worke they layd , and what meanes they used for the ruine of king and kingdome , was it not their working upon the impotence of a womans will , insinuating what indignity it was , that a she daughter of france , being promised to be a queene , was become no better then a waiting woman , living upon a pension ; and so nourishing in her great discontents , perswaded her going to france , which was the matter and embrion , and as i may say , the chiefe cause of common destruction , which after ensued . god keep all good princes from hearkning or consenting to the pernitious counsels of such pestilent priests , and prating parasites . to declare all their disloyalties in parliament , and out , would fill a large volume . but now brevis esse laboro , therefore i onely say , that as it was not for their goodnesse , but greatnesse , that they sat● in parliament , so their sitting there did ( i thinke i may say ) almost evert monarchy , yea regality : with what face can they inculcate that aspersion , no bishop , no king ? certainly , by what i have already delivered , and shall now declare in the reignes of succeeding princes , it will appeare quite contrary , that where lordly bishops dominsere and beare rule and sway , neither kings nor kingdoms , themselves or subjects are secure . now to the reigne of king edward the third , did not john archbishop of canterbury perswade and incite this king and the parliament , to a most dangerous warre with france , whereby the death of millions hath been occasioned . to such mischiefe d●e they use their learning and eloquent orations in parliament . what epiphanius delivered of philosophers , that they were in re stulta sapientes , so may we say of such bishops , that they are in malo publico facundi . but to passe by particular men and actions , i shall only deliver unto you some notable passages in parliament anno . the parliament did petition the king to have them deprived of all lay offices and government , they being commonly the plotters and contrivers of all treasons , conspiracies and rebellions , the very incendi●ries , pests and grievances both of tho church & state , the chiefest instruments to advance the peoples usurped authority , though with prejudice of the kings ( which they never cordially affected ) and the arch-enemies of the common-wealth through their private oppression , covetousnesse , rebellion and tyranny , when they have been in office , as may appeare by antiquitates ecclesiae britannicae , in the lives of anselme , becket , arundel , &c. here we see , that they never affected the authority of kings , but rather were scourges to their sides , and thornes in their eyes . now wee come to richard the second , his grandchilde who succeeded him : we read that when in parliament in london the laity had granted a fifteenth , on condition that the clergie would likewise give a●tenth and a halfe ; william le courtney then archbishop , did stifly oppose it , alleaging , they ought to be free , nor in any wise to be taxed by the laity , which answer so offended the lords and commons , that with extreame fury they befought the king to deprive them of their temporalties , alleadging that it was an almesdeed and an act of charity , thereby to humble them ; that was then deliverd for an almesdeed and an act of charity , which is now accounted sacriledge and cruelty . the next that succeeded him , was henry the fourth , but an usurper also , for at that time there were living of the house of yorke others whose right by the title of clarence was before his as mortimer , &c. in opposition to his claime and right , the bishop of carlile made a most eloquent oration ; but to what purpose ? to perswade his dethroning now vested in the regall government ; and therby to engage the kingdome in a civill warre , ( which when his oratory could not effect ) he laboured and so farre prevailed , that by his subtile insinuations , and perswasions many princes of the bloud royall and other great lords were drawne to a conspiracy , himselfe laying the plot , ( and together with the abbot of westminster , the chiefe wheeles of all the practice , as moving the rest ) for the kings death whereby he brought to the block those noble peeres , and as his pestilent counsell had infected their minds , so was the bloud of them and theirs , tainted by this foule treason ; but as i discommend his disloyall actions , so i no better approve the other flattering and timeserving bishops , who did pleade the right of the title of the said king more eloquently then honestly , more rhetorically then divinely ; for which their expressions they were imployed as embassadours to forraigne parts to declare and justifie his title and right to the scepter ; the bishop of hereford to rome , the bishop of duresme to france , the bishop of bangor to germany , and the bishop of st. asaph to spaine ; which bishop of asaph sate as iudge in that parliament and pronounced the sentence of deposition against king rich. the forme ( as neare as i remember ) was : we john bishop of st. asaph , john abbot of glastenbury , commissioners , named by the house of parliament , sitting in place of judgement , &c. here you may note that the bishop did passe judgement of a great inheritance , no lesse then two or three kingdomes , and though not betweene two brothers , but cosins , yet did adjudge most wrongfully , as was most apparant . i note withall , that the title of lord is not assumed by this king-deposing bishop , nor any other that i reade of . now what hee had judged in parliament his holy brother of canterbury must make good in pulpit , delivering , what unhappinesse it was to have a childe either of age or discretion to be a king , and what felicity it was to a kingdome to have it governed by a man . certainly a most dangerous position to an hereditary monarchy . i also note that this archbishop was brother to the earle of arundell , and at the same time the archbishop of yorke a neare kinsman to the earle of wiltshire ; and who durst then plead against the right of the bishops sitting in parliament ? in the same kings reigne richard le scroope the archbishop of yorke , did in parliament enter into conspiracy with thomas mowbray earle marshall , against the said king , for which they were both beheaded ; i say the archbishop as well as the earle marshall had his head cut off , iterate it , because some have doubted whether an archbishop may be beheaded . and now in the said kings reigne , in the parliament of coventry , let me also tell you that in the said parliament , as in other both before and after , a bill was exhibited against the temporalties of the clergy , who called that parliament parliamentum indoctorum , saying that the commons were fit to enter common with their cattle , having no more reason then bruit beasts . this is speeds delivery ; but i take it that he repeateth it as the prelates censure of the house of commons . but to him succeeded henry the . in his time did not henry chichley in an eloquent oration in parliament revive the warres with france , by declaring the kings right thereunto ; to the effusion of much christian blood , and to the losse of all we had there ? to expiate which , he built a colledge in oxenford , to pray for the soules slaine in france . though what hee did then deliver was true of the kings right to the crowne of france ( as was also the other of iohn archbishop of the same see in ed. . time , and no lesse true was that of carlile against hen. . title : ) yet i may say it was not the office or function of a bishop to incense warres domesticke or forraigne . nay this bishop did set this warre on foot to divert the king from reformation of the clergy . for in that parliament held at leicester there was a petition declaring that the temporall lands which were bestowed on the church were super●●uously and disorderly spent upon hounds and hawkes , horses and whores , which better imployed would suffice for the maintenance of . earles , . knights , . esquires , an hundred almeshouses , and besides of yearly rent to the crowne . pounds . from him i come to his sonne h. . i reade many accusations that gloucester the good protector did lay to the charge of beaufort the cardinall of winchester , and lord chancellor , great uncle to the king living , sonne to iohn of gaunt , alledging him a person very dangerous both to the king and state ; his brother of yorke a cardinall also , together with the other bishops no better . for wee reade of archbishop bourchier and other bishops , that they did shamefully countenance the distraction of the time . these as i delivered before , though bad in parliaments , yet too great to put out , i will not now speake of many other particulars , that i might either in this kings reigne , or his successors to king h. . for that i desire to declare what they did since the reformation , yet therein will be as briefe as i may , having already too much provoked your patience , for which i crave humble pardon . to henry the sixt succeeded edward the fourth who indeed had the better title to the crowne , notwithstanding archbishop nevill brother to the king-make-warwick with others , did conspire and attempt his dethroning , and after tooke him prisoner , and kept him in his castle of midleham ; and after in parliament at westminster , did they not declare him a traitor and usurper , confiscate his goods , revoke , abrogate , and make frustrate all satutes made by him , and intaile the crowne of england and france upon henry and his issue male , in default thereof to clarence , and so disabling king edward his elder brother ? but to hasten , i will passe over edward the fift , whose crowne by meanes of the prelates as well as the duke of buckingham , was placed on the head of his murtherous vnkle that cruell tyrant ; for had not the cardinall archbishop by his perswasion with his mother , taken the brother richard duke of yorke out of sanctuary , the crowne had not beene placed on his vnkes head , nor they lost their lives ; and not to speake of doctor pinker , and doctor shaws sermons , and other foul passages of prelates ( as morton & others ) who sought also the destruction of k. richard , and that when his nephewes were dead , and none had right before him to the crowne which he then wore ; what disloyall long speeches made he to the duke of buckingham to perswade the said duke to take the crowne to himselfe ? from richard i passe to henry the seventh : i told you before that morton would have perswaded buckingham to dethrone king richard the third , and take the kingdome to himselfe , to which he had no right ; and failing therein he adressed himselfe to henry then earle of richmond , and as by his counsell he prevailed with him , so he prevailed against and wonne from richard the garland ; this perswader and furtherer of bad titles was advanced to the see of canterbury , his desire whereof perhaps caused his disloyalty , and being in high favour with this prince by his speciall recommendations , procured one hadrian de castello an italian to be be made first bishop of hereford , after of bath & wells , who also was made cardinall , by that antichristian and divelish pope albert the sixt ; and as morton had endeavoured the dethroning of his lord and king , so did the other conspire the murther of pope leo the tenth , when hee was told by a witch that one named hadrian should succeed . as to henry the eighth , i need not speake much of his opinion of bishops , who he saith were but halfe subjects , if subjects at all to him , when he caused sir thomas audley , speaker , to read the oath of bishops in parliament . and that it was so , appeared when wolsey and campeius refused to give judgement for the unlawfulnesse of the marriage of henry the eighth , and thereupon a divorce : whereupon the duke of suffolke said , and that truly , it was never merry in england since cardinall bishops came amongst us . it were too large to repeate all the petitions , and supplications , and complaints of divines against them , in this kings reigne , as of doctor , barnes , latimer , tindal , beane and others . this last named saith , that the bishops alone have the keyes of the english kingdome hanging at their girdles ▪ and what they traiterously conspire among themselves , the same is bound and loosed in star-chamber , westminster hall , privie councell and parliament . this and much more hee . but as their sitting there hath been obnoxious , so it is useles , as may appear by the statute . hen. . yet in force , where it is enācted , that as the then lord cromwell , so all other that should thereafter bee made vicegerents , should sit above the archbishop in parliament ; nay , hold generall visitations in all the diocesses of the realme , as well over the archbishops , bishops , archdeacons , as laity , to enquire & correct their abuses , to prescribe injunctions , rules and orders for reforming of religion , for abolishing of superstition and idolatry , and correction of their lives and manners , &c. and read wee not that in the . of this kings reigne , letters patents were granted to laymen , to exercise all manner of ecclesiasticall jurisdiction , as the kings officers , not the bishops . thus wee see the government of bishops as well as their sitting in parliament , may bee spared . and that they neither have , nor heretofore had any ecclesiastical jurisdiction in making of canons or constitutions , but by the kings writ , nor promulge or execute any such , without the kings royall assent and licence , under paine , appeares by the statute of the . of the same king , upon the clergies owne submissive petition . and the bishops themselves in the prosecution of this act . in the beginning of king iames his reigne , did decree the same , and pronounce excommunication ipso facto upon all or any that should ordain or execute the same without royall assent . now you have seen their demeanor in parliament for three or four hundred years , or there abouts . the delivery hereof hath taken up much time , and perhaps thereby most are satisfied , that they have been hurtfull , and therefore that it is not convenient they should longer continue members of that honourable house , where they have done such mischiefe to king and common-wealth : yet in regard of my promise , and undertaking to declare them prejudiciall from the first parliament to this present , by testimony of credible authours in each kings reigne , as also to meet with an objection which i conceive will be offered to make all that hath been proved , as extravagant , so invalid , that those actions , practises , plots , conspiracies , or treasons , were done and perpetrated in time of popery ; and that it was done by papall command , i will deliver their actions no lesse detestable , nay rather more heynous after the reformation then before . in the severall reignes of king edward the sixth , queen mary , queen elizabeth , king iames , of blessed memory , and our present soveraigne , whom god long preserve . but i desire i may bee rightly understood , that when i charge these reverend bishops that were very good men , chiefe pillars of the church , great lights of learning , and charge them to have done those things as bishops , which i beleeve they would not have done as private ministers ; if ( i say ) i declare that they , to hold their bishoprickes , and in expectance of great preferment , and to please great lords and princes , kings and emperours , have not only yeelded to , but perswaded to introduce idolatry , to dis-inherit the right heirs of kingdomes , and force good princes to doe acts unnaturalll and unjust : let me not be thought to speake in depravation or detraction , i doe not intend their infamy ( and so desire to be understood ) their memory ought to be dear to us all , and it ever hath been , and is pretious in my esteeme ; but i thereby insinuate , that corrupt lordly episcopacie hath an infection in it , tainting the purest divines and godliest ▪ ministers . i pray you misconceive me not , i am not against episcopacy , truly understood , or a church-government rightly used , but i conceive , and therefore ( under correction ) say , that it hath ( with theseus ship ) received so many new pieces and additions to the first building , that it doth justly occasion a dispute whether it be the same , little or nothing of the first substance and materialls remaining . so that wee have episcopall government in name , but want the substance ; vox & praeterea nihil : with i●ion we imbrace but a cloud in stead of a iuno , or ( at best ) but a bleare-eyed leah in stead of a beautifull rachel . this tree ( i say ) is almost rotten , this salt somewhat unsavoury , this light very dimme , this building scarce sound or sure , which ( if propping will helpe ) i would not have demolished , till a modell of a better be agreed upon . in king edwards reigne did not the reverend bishop ( o griefe to heare ! saith mine authour ) perswade and subscribe to the dis-inheriting of the two daughters of henry the . the sisters of his king , contrary to the statute of the . of henry the . as also in prejudice of the right of scotland , margaret being eldest sister to mary , grandmother to iane , on whose head they would settle the crowne ; which plot i thinke i may say , wicked and disloyall , if it had taken effect , in all likelihood , the blessed union of both kingdomes had not ensued , which , as i said before , was hindred by betton bishop of saint andrewes in henry the . time . i have not yet spoke any thing as to the point of idolatry , the most wicked & highest degree of treasons being against the king of kings ; did not the archb. cranmer and bish. ridley , perswade , nay earnestly presse k. edward the sixth , that the lady ▪ mary might have masse said in her house , and that to be done without all prejudice of law , the greatnesse of her person being the immediate successor , and the might of charles the emperor moved those bishops too forword , and so farre urged this to the king , and from divines becomming politicians , alleadged the danger in breach of amity with the emperor , and when hee convincing them by scripture , and tould them he would rather hazard his life then grant that which was not agreeable to truth , they alledge the bonds of nature , at last tell him they would not be said nay ; this they offered , and thus farre they pressed , although they could not prevaile with this pious prince . these were not the baits that peter angled with to catch soules , or the weapons that saint paul fought with when he professed they were not carnall , but mighty through god to cast downe holds , they propose not honour and security to christs disciples , but hazard and basenesse . a most godly speech of a good christian prince , the like whereto i reade that king iames uttered in his protestation made to watson , as he after confessed to the ▪ earle of northampton upon some occasion offered : all the crownes and kingdomes in this world ( saith he ) shall not induce me to change one jot of my profession , which is the pasture of my soule , and earnest of my eternall inheritance . a pious speech of a magnanimous king , whose memory shall ever bee justly blessed ; and i doubt not but our gracious soveraigne , as he holdeth his kingdomes , so possesseth the like religious courage and constancy . but to returne to our former bishops , viz. cranmer , ridley , &c. did they repent them of this upon better consideration , and upon the death of this good king advance the title of the right heyre ? nothing so ; for when queen mary hearing that iane her cosin was to be proclaimed queene , writ her letter to the lord , declaring her owne right , and marvelling that they so unjustly attempted to put her from it , contrary to their loyalty , allegiance , and the statute which had formerly settled the crowne upon her ; they ( i meane the bishops as well as the lords , for i finde canterbury and ●ly to have subscribed ) told her that she had no right thereto , but ●●n● must be queene , and she must submit her selfe to her as her soveraigne . and what they w●it did ridley bishop of london preach . and though this was not done or spoken in parliament , yet no men doubteth but if it had been effected , they would have pleaded in justification thereof , and confirmed it as rightfull in the next parliament that should have been called . now i have declared them disloyall traytors , and most unjust and ungodly in these passages . to passe from this queen to the next , i finde that in the first yeare of good queen elizabeth there was a further reformation desired ; and what was then earnestly pressed by good divines , as doctor scorie , cox , mr. iewel , elmer , grindal , whitehead , horne , gest , was thus farre granted by that godly princesse that there should bee a conference at westminster ; where being come , they were opposed by the bishop of winchester , lincolne , lichfield , carlile , and chester , together with some others . these bishops ( saith mine author stow , abruptly broke off this conference , pleading a mistaking of their directions : and in the next sitting utterly refused either to write their owne , or to read the others reasons , whereby all was undone that was intended , whereof part was imprinted by richard iugge and iohn cawood , as is to be seene : and this was in time of parliament . much more i might declare of bishops actions in this queenes time , as that the bishops at queene elizabeths inauguration , did refuse to anoint or consecrate her ( viz. ) yorke , ( canterbury dying a little before ; ) also these chiefe bishops denied the same , as london , duresme , winchester , ely , lincolne , exeter , bath and wells , coventry and lichfield , chichester and peterborough . but i hasten to conclusion . and as this vertuous queene did yeeld that a disputate should bee had for reformation ; so did the gracious prince king iames grant the like at hampton court , where were doctor reynolds and doctor sparkes of oxford ; and knewstubs , and chaderton of cambridge . now who resisted the reformation ? sure none other but the bishop of canterbury , duresme , london , winchester , chichester , worcester , carlile and saint davids ; and the deanes of westminster , windsor , paules , chester , worcester and christchurch , alledging that there was no need of reformation : but god and good men did know the contrary ▪ but i will not trouble you with their actions 〈◊〉 this kings reigne , their introduction of 〈◊〉 , 〈◊〉 , and idolatry , of ●opery and 〈◊〉 , and what not of irreligion to the deity , mischiefe and danger to the king , and prejudice to the people and kingdome , few or none within these walles but know them , and felt the harmfull fruits thereof . as for their actions in his majesties reigne , which i thinke doe poy●e downe and over-ballance all formerly done since the beginning of parliaments , put together in the other scale , i will referre them to the reports of the committees for the ●ope of lambeth , and his cardinalls wren and others , and briefly conclude , that whereas from their first sitting in parliament to this time , they have as well in parliament as ou● , beene so prejudiciall , and appeared to have during their sitting there , plotted and contrived treasons and conspiracles , rebellion and war , domestick and forraigne , beene incendiaries and grievances to state and church , and arch-enemies to king and common-weale , introducing salique law , making this kingdome elective , and our princes onely kings durant● bene g●rend ▪ or rather bene placi● . in worse case and lesse hold then a duke of venice , i hope his majestie will ●ege talionis make their episcopacie to bee onely titular , which is as much as is due to them , whether archbishops or bishops : for they are to have priority or precedencie , quoad ordinem , not quoad ministerium , wherein the poorest curate is his equall and his fellow minister . and as i am not for equality and parity , so i would not have too great a distance , the danger whereof to any estate , be pleased to heare , as i receive it from an authour formerly mentioned , in these words rendred : too much increase and unproportionable growth , is a cause that procureth the change and ruine of common-we●les . for a● the body is made and compounded of parts , and ought to 〈◊〉 by propo●●●on , that 〈◊〉 may sleep a ●ust treasure ; so e●●ry common-weale bei●g compounded of orders and estates as it were of parts , they must bee maintained in concord ▪ one with another , as it were with equall and due proportion observed betweene each of them . for if one estate be advanced too much above another , dissention ariseth , equality being the nursing mother of peace , and contrariwise , inequality the beginning of all enmity , factions , hatred , and part-taking . but seeing it is meet that in every well establisht policy there should be a difference of rights and priviledges betwixt every estate , equality may continue , if provision be made that one estate grow not too much before the other : but more of this elsewhere in its more proper place . and as for these reasons , i yeelded my vote for the unlawfulnesse and inconvenience of their sitting there : therefore i wish they may be no longer members of that most honourable house . i humbly crave leave to adde a word or two to what i formerly spake . i am not ignorant , that the foresaid assertion , no bishop no king , is received as the delivery of king james ▪ but though it might be admitted in the sense he meant and intended , to wit , that those that dislike a church-government will hardly admit regall rule ; yet we can no way allow thereof as it is commonly offered and pressed ▪ that the regall power cannot subsist without the present episcopacy . now , what that wise , learned , and religious king did conceive of the rules and tenents of bishops and prelates , how consonant to the majesty ▪ of temporall princes , or whether he thought them rather to tend to the trampling thereof under foot , and laying their honour in the dust , may appeare by his quotations in the latter end of his apology for the oath of allegiance , which i thought fitter to annex hereunto , then to have delivered then in the proper place , when i spake of bishops in the reigne of e. . being then desirous to continue the historicall narration of their sitting and actions in parliament , having too much transgressed by my so often enterweaving other passages therewith , i overpassed the same . king iames collection out of cardinall bishop bellarmine are as followeth : that kings are rather slaves then lords . that they are not onely subjects to popes , to bishops , to priests , but even to deacons . that an emperour must content himselfe to drinke , not onely after a bishop , but after a bishops chaplaine . that kings have not their authority nor office immediately from god , nor his law , but onely from the law of nations . that popes have degraded emperours , but never emperour degraded the pope : nay , even * bishops that are but the popes vassals , may depose kings , and abrogate their lawes . that church-men are as farre above kings , as the soule is above the body . that kings may be deposed by their perple for divers respects . but popes can be deposed by no meanes : for no flesh hath power to judge of them . that obedience due to the pope is for conscience sake . but obedience due to kings is onely for certaine respects of order and policy . that those very churchmen that are borne and inhabit in soveraigne princes countries , are notwithstanding not their subjects , and cannot be judged by them , although they may judge them . and that the obedience that churchmen give to princes even in the meanest and meere temporall things , is not by way of any necessary subjection , but onely out of discretion , and for observation of good order and custome . here we find what base estimation prelates had of princes , may we not then justly except against their delivery ( as it is by them urged , no bishop , no king ? notes, typically marginal, from the original text notes for div a e- hollinshead . rand. higden policron . lib. . cap. . gervasius d●●oberne●s● ▪ william malmsbury . w●ll . malmsbury . w. caxton● . eadmerus . matth paris ●no . 〈◊〉 . ● . c. . ● stephen . matth. paris . ● . hunting●n . ●●nd●ver . ●●is . ●●lmsbury . h. ▪ caesarius dial. lib. . c. . b●le b●●● . cent. . r. . fox ● ▪ pa●i● ▪ hovedon , & ●ll●● ▪ guil. nu●●● ▪ ● . . ● . . hovedon . nub. l. . c. . hovedon p. . matth. paris . hollin . ●n 〈◊〉 ▪ john . paris . ●● . major . matth. paris . r. hovedon . girald car● . who called him , principio ●●aenum . paris . h. . paris . westm. r. . ●ho . wal●ngham . h. . 〈◊〉 . yward . ioh. stow ex ●onymo ●●al ●ron . ioh. stow. ●●n●ll . ●●●l ex tho. walsingh . fabian . concor . hall ex fab. h. . hall in . r. a. matt. in e. . rich. . h. . goodw . ca●●l . of bb in bath ▪ &c. pag. . paulus jovius . ●ede . ●s supplic . ●i . ry . . ● ●ry . . ●ry . . ● . . ●x acts and ●n . speed . q maries l●tter to the bb. and ll. from kening●ll . july . their answer from the tower , die & anno praedict. b. ridley his sermon at pauls crosse , defending ianes title . jo. stow pag. . conference at hampton court upon thursd. january . de laic●● c● . de pont ▪ rom. l. cap. . ibid. ibid. & . de cl●r cap. . de pontif lib. cap * lib. . cap. . de laic●s , ● 〈◊〉 . de pontif l. b. cap. . de pontif. lib. . cap. . de pontif. lib. cap . de clericis cap . ibidem . ibidem . the speech of sergeant glanvill in the vpper hovse of parliament for peace and vnitie also shewing that the way to preserve peacc [sic] is to bee well provided for warre. glanville, john, sir, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing g ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing g estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; :e , no ) the speech of sergeant glanvill in the vpper hovse of parliament for peace and vnitie also shewing that the way to preserve peacc [sic] is to bee well provided for warre. glanville, john, sir, - . p. [s.n] london : . delivered in april at his confirmation as speaker of the house of commons. reproduction of original in thomason collection, british library. eng great britain -- politics and government -- - . a r (wing g ). civilwar no the speech of sergeant glanvill, in the vpper house of parliament for peace and vnitie. also shewing that the way to preserve peacc [sic], i glanville, john, sir c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - judith siefring sampled and proofread - judith siefring text and markup reviewed and edited - pfs batch review (qc) and xml conversion the speech of sergeant glanvill , in the vpper hovse of parliament for peace and vnitie . also shewing that the way to preserve peace , is to bee well provided for warre . london , printed in the yeare . the speech of sergeant glanvill in the upper house of parliament , for the redresse of the present greevances . his majestie being seated on his throne , sergeant glanvill was called to the barre , being represented by the house of commons for their speaker ; who spake as followeth . may it please your majestie , the knights , citizens , and burgesses of your commons house of parliament in conformity to ancient and most constant usage ( the best guide in greate solemnities ) according to their well known privileges ( a sure warrant for their proceedings , and in obedience to your majesties most gratious commands ( a duty well becomming loyall subiects have met together , and chosen a speaker , one to be the mouth , indeed the servant of all the rest to steare watchfulie and prudently in all their weighty consultations and debates , to collect faithfully and readily the uotes and genuine sense of that numerous assembly , to propound the same seasonablie and in apt questions for their finall resolution , and to present them and their conclusions , their declarations with truth and light , with life and lustre , and with full advantage to your most excellent majestie . with what judgement , with what temper , spirit , and elocution he ought to bee endued , your majestie in your great wisedome is best able to discerne , both as it may relate to your owne peculiar and important affaires of state to the proper worke and businesse of this house of commons , which was never small or meane , and now like to bee exceeding weighty . it is a learned age wherein wee live under your majesties most peacefull government and your house of commons is not onely the representative body , but the abstracted quintessence of the whole communalty of this your noble realme . i most humbly therefore beseech your majestie as the father of the commonwealth , and hope of the whole nation , to whom the care of all our welfares appertaines , to have respect to your owne interest , have regard to your house of commons , have compassion upon me the unworthiest member of that body , ready to faint with feare , before the burthen lights on me , i have only a hearty affection to serve you and your people , little abilities for performance ; in the fulnesse therefore of your royall power , your piety , goodnesse , be gratiously pleased to command the house of commons to deliberate , upon a better choise who may be worthy of their choosing , and your majesties acceptations . my lord keeper having by his majesties direction confirmed him as speaker , hee adrest himselfe to his majestie as followeth . most gratious soveraigne : my profession hath taught me , that from the highest judge there lies no writ of error , no appeale ; what then ? remaines , but that i first beseech almighty god the authour and finisher of all good works , to enable me to discharge honestly & effectually so great a taske , so great a trust ; and in the next place humbly to acknowledge your majesties favour . some enemies i might feare , the common enemie of such services , expectation and jealously ; i am unworthy the former , and i contemne the latter . time the touchstone of truth shall teach the babling world , i am and will bee found an equall freeman , zealous to serve my soveraigne , zealous to serve my dearest country . monarchy royall of all governments the most illuustrious and excellent , whether wee regard the glory , wealth , or safety of the governours or people ; i hope none of this nation are of antimonarchicall spirits , nor friends to such , if there bee , i wish no greater honour to this parliament , then to discover them and to assist your majestie to suppresse and confound them . to behold your majestie in peace and safety afoards compleat joy to all loyall subjects , who cannot but conclude with me in this desire . serus in caelum redeas diuque , laetus in terris populo britanno england is your seate of residency , scotland is your native place , and herein hath the advantage ireland imitates england by a great and quicke progression in civility and conversation , in improovement of the soyle and plantation . france is still attendant on your royall style ; a kings prerogative is as needful as great , without which he should want that majestie which ought to bee inseparable from his crowne , nor can any danger result thereby to subjects liberties , so long as both admit the temperament of law and justice , specially under such a prince , who to your immortall honour hath published this to the whole world for your maxime , that the peoples liberties strengthens the kings prerogative , and the kings prerogative is to defend the peoples liberties ; apples of gold in pictures of silver . kings as kings are never said to erre , onely the best may bee abused by misinformation ; this the highest point of prerogative that the king can doe no wrong ; if then by the subtilty of misinformers ▪ by the specious false pretences of publique good , by a running and close contrivance of their waies to seduce the sacred royall person , it bee surprized and over wrought to command contrary to law , and be executed accordingly ; this commands will be void & these king innocent even in his very person , and the authors of such misinformations , the actors of such abuses stand exposed to just sensure , having nothing to defend themselves but the colour of a void command , made void by just prerogative , and the fundamentall reasons of state . touching justice , there is not a more certaine signe of an upright judge , then by his patience to bee well informed before sentence given , and i may boldly say , all the judges in your kingdome may take example by your majestie , and learne their duties by your practise , my selfe have often beene a witnesse thereof to my no little admiration . from your patience , please you give mee leave to presse to your righteous judgement , and exemplifie it but in one instance . when your lords and people in your last parliament presented your majestie a petition concerning their rights and liberties , the petition being of no small weight , your majestie after mature deliberation , in few but most effectuall words ; ( soit droict faict co●e est desire ) made such an answer , as shall renowne you for just judgement to all posterity . let us hartily pray that this parliament may bee famous for the advancement of sacred religion , and to that end that the most reverend prelates , sitting on the right hand of your kingly side , bee most forward therein , to whom it is most proper . that the nobles girt with their swords in their creation , and most especially rewarded and honored for actions military : call to minde the most renowned acts of their ancestors , whose lands and honours they inherite , and how renowned this land hath beene through the whole world for art and armes , and labour to restore it to its ancient splendor : the best way to preserve peace , is to bee well fitted for war . but were this nation never so valiant or wealthy , if unity bee not among us what good will riches doe us , or your majestie but inrich the conquerour , he that commands all hearts by love , hee onely commands assuredly ; greatnesse without goodnesse can at best but commmand bodies . it shall therefore bee my harty prayer , that such a knot of love may be knit betwixt the head and members that like gordius knot it never bee loosed : that all jesuited forraigne states who looke a squint upon our hierusalem may see themselves defeated of all there subtill plots and combinations of all their wicked hopes and expectations to render us , if their mischiefe might take effect , a people in considerable at home , and contemptible abroad . religion hath taught us ( si deus nobiscum quis contranos , ) and experience i trust will teach us ( si sumus inseperabiles sumus insuperabiles . ) it was found and i hope it still shall and will bee the tenet of the house of commons ; that the king and peoples good cannot bee severed : and cursed be every one that goes about to divide them . finis . resolves of the commons assembled in parliament, concerning such ministers as shall preach or pray against the present government established by parliament. england and wales. parliament. house of commons. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) resolves of the commons assembled in parliament, concerning such ministers as shall preach or pray against the present government established by parliament. england and wales. parliament. house of commons. sheet ([ ] p.) printed for edward husband, printer to the parliament of england, london : iuly . . order to print dated: die lunæ, iulii, . signed: hen: scobell, cleric. parliament. reproduction of the original in the british library. eng church and state -- great britain -- th century -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no resolves of the commons assembled in parliament, concerning such ministers as shall preach or pray against the present government establishe england and wales. parliament. a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion resolves of the commons assembled in parliament , concerning such ministers as shall preach or pray against the present government established by parliament . resolved , &c. i. that if any minister shall directly or indirectly preach , or publiquely pray against the power , authority or proceedings of this present parliament , or against the present government established by authority thereof . ii. or shall directly or indirectly , in preaching or praying , make mention of charls stuart , or iames stuart , sons to the late king , who by judgement of parliament are declared enemies , and stand excepted from pardon , otherwise then as the enemies to this commonwealth ; or shall under the name of the royal issue or otherwise , promove any title or interest taken away , or declared against by authority of this parliament , to the prejudice of this present government . iii. or shall not keep and observe days of publique humiliation or thanksgiving , appointed or to be appointed by authority of parliament ; or shall not publish the acts , orders or declarations of parliament , being enjoyned and directed thereunto by authority of the same , having due notice thereof , without reasonable cause to the contrary shewed , shall be deemed , taken and adjudged delinquents , and within the respective orders , ordinances and acts touching sequestration , as to their ecclesiastical benefices and stipends . and that in all such cases , the committee of parliament for plundred ministers , and all other committees or commissioners for sequestration in the respective counties and places throughout this commonwealth , shall have power , and are hereby authorized and enjoyned to take cognizance thereof , and effectually to proceed thereupon accordingly . die lunae , iulii , . ordered by the commons assembled in parliament , that the said instructions be forthwith printed and published . hen : scobell , cleric . parliamenti . london , printed for edward husband , printer to the parliament of england , iuly . . by the king, a proclamation for enlarging the time for bounty-money to such seamen and landmen as shall voluntarily come into our sea-service by the tenth of february next, and for regulating of protections. england and wales. sovereign ( - : william iii) approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing w estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) by the king, a proclamation for enlarging the time for bounty-money to such seamen and landmen as shall voluntarily come into our sea-service by the tenth of february next, and for regulating of protections. england and wales. sovereign ( - : william iii) william, iii, king of england, - . broadside. printed by charles bill, and the executrix of thomas newcomb ..., london : [i.e. ] reproduction of original in the british library. "given at our court at kensington the fourteenth day of january, , in the sixth year of our reign." created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- royal navy -- pay, allowances, etc. proclamations -- great britain. great britain -- history, naval -- stuarts, - . great britain -- history -- william and mary, - . great britain -- politics and government -- - . - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion wr diev et mon droit honi soit qvi mal y pense royal blazon or coat of arms by the king , a proclamation , for enlarging the time for bounty-money of such seamen and landmen as shall voluntarily come into our sea-service by the tenth of february next , and for regulating of protections . . jan. / william r. whereas by our royal proclamation of the thirteénth of december last , we did ( amongst other things ) promise and declare , that all seamen and able-bodied landmen , who should , on or between the twentieth day of the said month of december , and the twentieth day of this instant january , voluntarily enter themselves , and remain on board any of our ships of war or fire-ships , or any press-vessels or tenders belonging to our fleet , should receive as of our free gift and royal bounty , the respective allowances or rewards therein mentioned , viz. each able and ordinary seaman three months pay , and each able-bodied landman one months pay , to be paid to them by or before the twentieth day of march next ; and if any ships should be sent abroad , the men so entred on board the said ships , should be paid before they sailed ; and did also graciously declare , that conduct-money according to the practice of the navy , should be allowed to such seamen and landmen as should voluntarily enter themselves , and remain on board any of our said ships , according to the true meaning of that our proclamation ; and did thereby further declare our pleasure , that all warrants for pressing of seamen should be suspended in their execution , between the said twentieth day of december , and twentieth day of january . and it being represented unto us by our commissioners for executing the office of lord high admiral of england , that it will be for our service , if the time for the allowing of the said bounty-money should be enlarged , but that the press for seamen should nevertheless go on from the twentieth of this instant january : we have therefore thought fit , by the advice of our privy council , to publish this our royal proclamation , hereby promising and declaring , that all such seamen and able-bodied landmen , as shall , on or before the tenth day of februry next , voluntarily enter themselves , and remain on board any of our ships of war , fire-ships , press-vessels or tenders belonging to our fleet , shall respectively have and receive the like allowance or reward of bounty-money and conduct-money , as in and by our said proclamation is promised or declared to be paid or allowed to such seamen and landmen , as have or shall , on or before the twentieth day of this instant january , voluntarily come into our said service , the same to be paid at such times , and in such cases as in and by our said proclamation is expressed . and we do hereby command and require the said seamen and landmen , who shall , pursuant to this our proclamation , voluntarily come in and enter themselves as aforesaid , that they repair on board the respective ships on which they shall belong unto . and we do hereby direct , declare , and command , that such seamen or landmen , as shall leave any of the ships or vessels to which they belong , and enter themselves on board any other of our ships , in order to the obtaining of the said bounty-money , shall not only lose the wages due to them in the ship which they shall to leave , but also be severely punisht according to their demerits . and our will and pleasure is , and we do hereby publish and declare , that the press for seamen shall commence and go on from the twentieth day of this instant january , not withstanding the liberty that any may have of coming in voluntarily before the tenth day of february next ; and that none that shall be taken upon the press , shall , under any pretence whatsoever , be intituled to any bounty-money . and we do further publish and declare , that all protections whatsoever made or granted before the six and twentieth day of december last past , whereby any persons heve been or mey pretend to be protected or excused from being pressed for our sea-service , shall be , and are hereby declared to be null and void , and the respective offices and persons , to whom it belongs to make any such protections , shall make and renew such and so many only , as shall be absolutely necessary for carrying on the respective services for which they are to be granted . and we do also hereby determine and make void all tickets of leave , except such tickets of leave only as hereafter shall be given by our commissioners for executing the office of lord high admiral of england or the lord berkely admiral of the blue . given at our court at kensington , the fourteenth day of january , : in the sixth year of our reign . god save the king. london ; printed by charles bill , and the executrix of thomas newcomb deceas'd ; printers to the kings mosst excellent maiesty a narrative of some passages in or relating to the long parliament by a person of honor. north, dudley north, baron, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing n estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a narrative of some passages in or relating to the long parliament by a person of honor. north, dudley north, baron, - . [ ], p. printed for robert pawlet ..., london : . written by dudley north, fourth baron north. cf. halkett & laing ( nd ed.). reproduction of original in union theological seminary library, new york. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- parliament. great britain -- politics and government -- - . - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - jonathan blaney sampled and proofread - jonathan blaney text and markup reviewed and edited - pfs batch review (qc) and xml conversion a narrative of some passages in or relating to the long parliament . curse not the king , no not in thy thought , eccles. . . rebellion is as the sin of witchcraft , sam. . . by a person of honor. london , printed for robert pawlet , at the bible in chancery-lane , . to the reader . before thou makest an entry upon the following discourse , it is fit thou shouldst be acquainted with the occasion of its birth . a near relation of mine was the cause of my setting pen to paper , upon a conceit that being a member of the long parliament , my observation might have fixed it self upon some particulars omitted by others , which particulars he was unwilling should be lost . and now since this issue of my brain is come into the world with many characters of truth upon its body , some friends looking upon it with too favourable an eye , will not consent that it should be stifled by a consinement to one family or place : but on the other side , lest travelling abroad it may contract some disadvantage by too much expectation , ( termed by sir philip sidney , that friendly foe ) i my self having assented to a publication , deem it necessary so far to pass my own censure upon it , as that more may not be looked for , than it can yield ; and not only so , but otherwise to make some little apology for the contents of it . i may profess my self to have been somewhat perplexed , in finding a proper name for that which i have written . it containeth matters historical and yet is no history , for it consisteth of particulars without any exact order . it compriseth the business of a limited number of years , and yet i cannot give it the title of annals , because things transacted in several years are set together . it consisteth of abrupt parcels , and yet maketh up but one continued relation . truth is , it wanteth method , containing nothing that is perfect , and if it were a perfect nothing , perhaps it would be much better , for then it would give no offence to any , whereas now my old fellow-members , and comerades of that parliament , will say , i am injurious to them , in relating only those proceedings which were not justifiable , and omitting the good things done by them , and they will also tax me for partiality , in not speaking at all , of the provocations and wrongs offered and done , by their opposers . to this i answer , that from beginning the war ( which with its preparatives gives limits to our business ) i know nothing publickly done , that was either good or justifiable , saving only an outward profession of personal reformation , which unless it carried with it a real intention , would have been mention'd with as little advantage , as had the outward pretended publick reformation , which deserved rather blame than praise . the intention of many of us was also very good , being desirous of peace and of a good agreement between prince and people , but how could this appear without doors , till the army had kickt us out of the house ? and as for particular miscarriages of the king's party , i was not resident within his majesties quarters , and therefore my relations must have been subject to much incertainty . but that which must satisfie me is this , that those members , who were enemies to the war , will find reason in that which i say , and as for those salamanders , who could live only in the fire , i regard not their censure . perhaps i may also be condemned by the generality as imprudent , in setting an evil character upon the whole carriage of that parliament , when i my self could not but be an actor in some part of that evil . here i am put to a double apology for my self , first , as a subject , and then as a writer . as to the first , i cannot excuse my self otherwise , than by the sincerity of my mind and intentions . i may freely profess , that i never had the least disloyal thought in relation to my prince , and my endeavours always tended to a reconciliation of the business , with a production of peace , and if i were at any time enforced ( for i never did it willingly ) to act in the way of opposition contributory to the war , it was with hope , that at last there would be a happy agreement . i must thus far confess my error , that i too much feared the ill consequences of a parliaments being run down by force , and perhaps so great a distrust in the clemency of his late majesty cannot be justified ; yet i may hope , that such a tenderness upon mistake , may be esteemed venial in comparison of greater offences , which are included in our present soveraigns gracious pardon . and as for the imputation of imprudence in stigmatizing my self by too far publishing the miscarriages of that body , whereof i was a member , i conceive , that i cannot better shew my self worthy to be included in that his majesties general pardon , than by declaring a detestation of them , and by setting them out in their right colors , so far am i from condemning my self in that particular . as to the whole narrative , considering that i have trusted only to my own private memory and notes , i will not say , but that there may be an omission of some particulars , as important as those inserted , but i am confident , that for the substantial truth of that which i have delivered , there can be no just exception to it , and so i must referr all to thy censure . farewel . a narrative of some passages in or relating to the long parliament . cardinal de richelien , that great favourite of france ( perhaps to insinuate into his masters thoughts the high importance of naval power ) caused a ship of extraordinary bulk to be made , which his malevolents affirmed to be an embleme of himself : for as that ship could not move at sea , but in a storm , so ( said they ) the cardinal could not live in a quiet and undisturbed state. this was said of that great minister of state , because he held his prince engaged in a continual foreign war ; and if such a war were imputed to him , as mischievous to that kingdom , what shall we think of those , who in this our island so troubled the waters at home ( to fish out a greatness for themselves ) as to sever the head from its body , and by unsinnewing the government to batter down all the pillars that supported it , and so to bring an absolute anarchy and confusion upon the whole nation ? surely the depth of this offence is not to be fathomed , yet thus much is ordinarily said in their defence , that they were so far from designing anarchy , as they intended only reformation , and the setting up of a much more accomplished government . it is easie to be believed , that confusion was not their ultimate end , and there needeth no other proof of it , than the actings of their leviathan cromwell , who made his own personal greatness the foundation of something in the way of new government . and the intent of reformation , or of a new model , can be no justification of any particular rebellion , since the same ends are pretended to by all persons , that at any time raise a power in opposition to the present governors , as these very persons found by experience during their short rule . aristotle and his adherents , are much cried down by our modern natural philosophers , for making privation a principle ; but certainly these men made it the most considerable principle in their politicks ; for they could not effect any thing fully , but demolition and destruction . they never set up any thing in the way of government that was new , but it was in a short time disliked and overthrown : and indeed it could not be otherwise , since the greedy monster of their faction could not subsist , but by devouring whatsoever was most precious in the land ; and since the opportunity to do so could not be had , but by frequent changes of government ; so the rapacity of this brood of harpies caused the destruction of so many fair buildings , whereof the raising had been so costly , the suppression of bishops with their hierarchy , and the sale of their lands , and ( i may even say ) felling of the royal oak it self , with prostitution of the publick revenue and ornaments to sale , and the same cause would infallibly have produced the ruine of both universities , with demolition of the colledges , and alienation of their lands , and many other destructions of that nature , so as to have deprived the nation of all excellence in the way of beauty and splendor . that this was done , the power once raised , is not strange , but how so great a part of the people ( nay even of that remainder of parliament ) should be drawn to consent to it , carrieth much wonder ; and certainly there was much art used , to win their consent to so great a devastation . the historical part of this business being too heavy a burden for my shoulders ; i shall only ( for the satisfaction of some friends ) set down in writing my observations , of the carriage of that business at westminster , where i was then resident as a member of the house of commons , wherein perhaps there may be found some particulars , not so obvious to others , and in that respect likely to be omitted . in matters political it is seldom found ▪ that events depend upon causes necessarily producing them , and when they do , there must be some great imperfection in the original constitution of a state , as writers in politicks affirm , of civil war arising in an oligarchy , by reason of many dependences upon great persons possest of the sovereign power , whose private and differing interests distract the forces of such commonwealths ; but this cannot be our case , who live in an extraordinary well-tempered monarchy , where the perfect constitution is sufficiently proved by an esflux of very much time , without the least appearance of any visible defect . we must therefore search out other causes . it cannot be doubted , that there is a divine providence , which ordereth and governeth all things ; but as this is above us , and altogether out of our sight , so we must rather submit chearfully , than make any inquisition about it . as for second causes in disturbance of states , none can justifie an armed opposition by subjects against their sovereign ; and unless there be some plausible title to the supreme power , there is seldom any that become considerable , but discontents upon conceit of misgovernment ; and in this case the justness of discontent is not so dangerous , as the generality of it , and in that respect designs grounded upon right reason , and with certainty of publick advantage , if effected , are yet well laid aside , when liable to a general misconstruction , in the way either of danger or oppression . never parliament was assembled , when the people were in a higher discontent , than at this time : such a general diffidence there was , as they thought themselves sure of nothing . the encrease of ceremonies had made them fear the approach of a religion hateful to them . the late business of ship-money , together with some other impositions without consent of parliament , caused them to apprehend the loss of property in their estates , and they had little hope of redress by parliament , because his then majesty had been so unhappy , as to be put upon a sudden dissolution of all parliaments formerly by him called . there wanted not persons ill-disposed , and seditious , to trumpet these things in the ears of the generality , whereby they incensed them so far , as thereby they found means to raise a power against their sovereign , which how it was done , and by what degrees , and how improved is the chief intent of our business to set forth . at the time of assembling this unhappy parliament there were two armies on foot in england , whereof one was that of the scots , and another consisting of english-men to oppose them , if occasion were ; and the king to remove all jealousie of a wilful continuance of the war , by engaging them to a fresh hostility , had made the earl of holland ( a person then standing gracious with the parliament and people ) general of the english army . the persons who knew themselves faulty in holding intelligence with the scots , were then so apprehensive of a complete agreement between his majesty and them , and of their being won to a compliance with him in all things , as the earl of holland in a private letter to mr. pym , writ somewhat to this effect ; that the sky was horridly black in those northern parts , and that all things there seemed , as tending to an universal judgment . the earl being then general , could not intend this other than a private advertisement , but mr. pym finding the publication of it a sit means to encrease the general apprehensions , presently imparted that letter to the house of commons , and from thence the substance of it was divulged over all the city of london . this served to keep the people in a heat and jealousie concerning the kings intentions , but that fear proved vain , for the pacification was effected wholly by interposition of the english-commissioners , who were persons approved of by the parliament as to that employment . but this business of satisfying the scots , and of disbanding of the armies , requiring vast summs of money , there were were great taxes laid upon the people by act of parliament , which money was not likely to be levied in much time , and therefore there needed a present supply by the city of london , who ( as was pretended ) would not part with their money , lest a dissolution of the parliament should come before payment ; thereupon the king was pressed to pass the act of continuance , whereby the parliament could not be dissolved , but by their own consent . this act had the royal assent , and gave to the crown the greatest blow that it had yet received ; for so the king established against himself a power , which he could not extinguish . this pacification being free from all secret agreements with the scots , gave a great strength and confidence to our cinistones , or kindlers of sedition : for though the presbyterian discipline , was now again consimed , as to scotland , yet it was impossible , that the scots could think themselves secure to hold it , as long as episcopacy stood firm in england , in which respect they could not but be willing to assist those , whose design it was to abolish it . before this time , it was thought sit to deprive the king of two prime counsellors , the archbishop of canterbury , and the earl of strafford , ( whose names were delivered in by the scottish-commissioners , as incendiaries between the two nations ) which was done in the way of an impeachment by the house of commons at the lords bar for high treason . upon this impeachment it was found requisite to commit them presently to the tower , so as the king was immediately deprived of their advice in council ; and the earl of strafford was speedily brought to trial in westminster-hall with much solemnity , which had continuance for many days , and at last was broken up with heat and violence by the house of commons , such as ill became the gravity of that assembly ; and they did it , conceiving that the lords carried themselves partially in relation to the person impeached ; but his condemnation was finished afterwards by the legislative power in a bill of attainder , which could not pass the lords , till many of them were so terrified by tumults , as they found it for their safety to be absent at the last reading . and this business of the bill was carried on with such violence , as there was a kind of proscription of such persons , as in the house ●f commons had voted against the bill ; for their names were posted up in london by the care of some malicious body . the archbishop was reserved to a trial , less legal as to the form , but no less fatal to his ruine ; being some few years after condemned by a bill passed in both houses , but wanting the royal assent . at or about the time of straffords trial , there was a general licentiousness used . the parliament-houses were daily haunted with a rabble of tumultuating people , crying out for that which they called justice . there was also a liberty assumed , and connived at , to print and publish what every man thought fit , which for the most part was in defamation of the governors ecclesiastical and temporal . within the city of london the pulpits were almost wholly possest by presbyterian-ministers , whose eloquence was altogether employed the same way . in the country ( or at least in divers parts ) there was such encouragement given under-hand , as the common people fell upon popish recusants , and plundered their houses with all severity : and the house of commons being made acquainted with the inconvenience and terror of these tumults , as well by their own members , as by a message from the house of lords , would not be drawn to discountenance , much to declare against them . it was not long after the pacification , that the scots much urged the king to go into scotland to be crowned , whereunto his majesty assented at the last , which gave great jealousie again at westmirster , in so much as the parliament made some addresses to the king , desiring that he would not depart out of the kingdom at that time , but those addresses became altogether fruitless , the king declaring his absolute and peremptory engagement to go . and the apprehensions of this journey were so powerful , as a very active member of the house of commons , standing at the door of the lords house , upon occasion of a message , having fetch'd a great sigh , made a profession , he thought we were all undone ; but the presbyterian scots continued true to their own interest , with a respect also to their profit , and expecting to be called again into england , as it came to pass afterwards . the scottish coronation being past , the king returned to london , and then the exasperations grew higher than ever . it seems , his majesty was willing to impute the disorders in parliament to some particular persons members of both houses , whom he had found to have held intelligence with his enemies , and therefore he directed his atturny general , to accuse the five members ( whose names are well known ) in parliament of high treason , which was so ill resented in both houses , as the impeachment was refused , whereupon his majesty fell upon that unhappy resolution , of coming personally into the house of commons , which gave so great offence , as both houses , pretending they could not sit securely at westminster without a guard , adjourned themselvs for some days , and appointed to meet during the vacancy in london as grand committies , to consider what was to be done upon the pretended breach of priviledge . this gave a great advantage against the king , for by this means , they had opportunity to fix their correspondence with the citizens , and to engage them in their defence . between this time and the kings return out of scotland , the court had been annoyed with a confluence of unruly people ; so as it was thought fit to have a corps de guard ( or a court of guard as they call it ) kept in the passage before whitehal to keep the rabble at a distance . but during this adjournment the citizens of london became so engaged , as upon the day of the houses meeting again at westminster ; they sent a little army with some field pieces for their security : these passed by land and by water on each side of whitehal , and the noise of their coming was so loud , as it was concluded fit for the guard of middlesex trayned bands to withdraw , and so their passage became free . this was interpreted at court , as the beginning of a war , and thereupon his majesty thought good to retire to hampton-court . after this , there were many addresses to the king by the parliament , but not any , that could be in the least measure pleasing to him . it happened that mr. pim had newly and publickly ( at a conference between the house , as i take it ) used some words of disrespect to the king , wherewith his majesty exprest himself to be offended , and thereupon the house of commons , having notice of the kings resentment , took a resolution to send his majesty a paper , in full justification of that which mr. pim had said , i my self was present at this resolution , and appearing dissatisfied with it , immediately went out of doors , which being observed by a back friend of mine , he named me one of the four to carry it . this unwelcome news was brought to me to my own house by one of our serjeants , with a copy of the order , which must not be disobeyed , and so we went and delivered the paper to his majesty at hampton-court , which being read , he began to discourse upon it , as if he expected reason from us , and seem'd to address his speech more particularly to me ( perhaps having heard of my dislike ) but sir john culpepper then chancellor of the exchequer and chief of the four , told his majesty , we had not power to speak one word , whereupon we were dismissed , and returned to london . after this the king left hampton-court and went to theobalds , whither the parliament sent a committie of lords and commons , but with a message either so unreasonable , or unseasonable , as the king thought fit to dismiss them with an absolute negative , and there passed something then , which perhaps may be fit to be inserted herein , as containing that which is something extraordinary . i received the relation from a noble person , who was one of the commoners then sent , and this it is . after having received his majesties answer , the committy being still at theobalds , retired it self to take into consideration the terms of it , that there might be no difference in reporting to the several houses of parliament . as soon as the committy was set , the earl of warwick was called out , to speak with his brother the earl of newport . he went out , and speedily returned with this account of the business ; that the earl of newport had acquainted him , that the king was even then so pressed to give a more satisfactory answer , as he was confident they should have such an answer , if they would but defer their departure for a small season : to this the whole company seemed to assent with much chearfulness , when suddenly young sir henry vain declared himself to mervail at it , for said he , is there any person here , who can undertake to know the parliaments mind , that is , whether this which we have , or that which is called a more satisfactory answer , will be more pleasing to the houses ? for my part i cannot , and if there be any that can , let him speak ; to this no man made any answer , and so having agreed upon the report to be made , they departed . i have related this , to shew how easily one subtle ill-disposed person may overthrow a general good intention . now were the well affected party ( as it was then termed ) stirred up in all parts , to give incouragement to the house of commons in the way of pretended reformation , by petitions , whereof some were delivered dayly at the bar , and the deliverers had thanks given by the speaker , which was a thing altogether new . and as a general return to these , and to keep the people in perfect heat , it was resolved , that a general and publick declaration of the state of the kingdom should be made to the nation . in time of former princes the house of commons had some times ( but very rarely ) made remonstrances of that nature to the king , which were never pleasing to him , yet not justly to be excepted against , because it is exprest in the writs of summons , that they are to advise his majesty , but for any advising ( or treating with ) the people , it was always held illegal , and of mischievous consequence . upon these grounds the declaration , being brought into the house , caused a very long debate , but was at last passed , with the dissent of very many of the most considerable members . our nation being in such disorder , the rebellion broke out in ireland , and the lords of the council being yet in london , imparted their new received intelligence to the house of commons , who seemed chearfully to embrace the business of reducing that kingdom to obedience , and thereupon endeavoured the raising of a stock of money by adventure , upon security of the living bears-skin , which was the estates of such persons as were in rebellion . upon this the king made offer of going in person to suppress the rebellion , if he might be supplied with money , and other necessaries for the work ; which offer was so far from being hearkned unto at westminster , as it created new jealousie . but the parliament made good use of the irish business ; for by that means they listed officers , and made full enquiry concerning their inclinations , which succeeded happily with them afterwards . every day produced new differences between the king and parliament ; for that unsatiable monster of publick security caused the making of a proposition to his majesty , which was , that the parliament might govern the militia , ( or trained-bands ) for some time at least , which was rejected by the king , as a power not to be parted withal , no not for an hour ; whereupon the parliament made new lieutenants for each county , who assumed the exercise of that power by parliamentary authority in many parts of the kingdom . and upon the same ground of publick security , sir john hotham seised upon the town of kingston upon hull , with the kings magazin there , which his majesty cried out upon , not only as rebellious , but as a robbing him of his arms and ammunition ; being personal goods bought with his money ; and this before any the least act of hostility shewed on his part . the king was then retired to the city of york , as a place of more safety , than nearer to london : and there first of all the warrants of parliament being sent by express messengers for delinquents ( by them so stiled ) were flatly disobeyed , which was no unwelcome news to the great managers of affairs at westminister ; for they pretended such obstruction of justice , to be a justifiable & sufficient ground for the raising of forces . when the opposition was grown to this height , his majesty judged it fit , that such members of both houses as had resolved to engage against the parliament should withdraw themselves ; and one of the last that continued sitting in the house of commons was mr. sidney godolphin , who for a farewel declared , that by a war the parliament would expose it self to unknown dangers : for ( said he ) when the cards are once shuffled , no man knows what the game will be , which was afterwards found by the parliament too true , when their own army became their masters : but in the mean time , this secession of members did very much facilitate the entry into , and continuance of the war ; all dispute being taken away within the houses , and the house of commons would not lose this convenience , and therefore they soon excluded the withdrawn members by special votes . this abscission or cutting off of members had been formerly used in this and other parliaments , but very rarely , and for offences extraordinary , and such an offence was this obedience to his majesty then adjudged to be , so unfitting a time for judgment is the heat of a civil war in matters relating to that war. this war first began in paper , by manifestoes and declarations on both parts , which brings to remembrance a pleasant passage in the house of commons upon this account . one of the members brought with him into the house a declaration of his majesties , which he had newly bought , and complained much of those , who were so insolent , as freely to sell such papers of the kings : at this a young gentleman ( of those who were accounted fanaticks in those days ; but one who never spake publickly in the house ) grew into a seeming impatience , and said with much earnestness , why not his papers as well as every mans else ? which though loudly , yet being spoken , without standing up , was answered only with looks and smiles . this passage is scarcely worthy of a place in any serious discourse , yet it seemeth naturally to express the small ingenuity of those times , which allowed not to a sovereign prince in his own dominions that freedom , which every petty fellow assumed without exception . at this time both parties were employed in raising of forces : the earl of essex being made captain-general for the king and parliament , ( as the stile of the war was then ) with full power to nominate officers ; and i can affirm , that the army was raised with great difficulty ; there being immediately upon grant of that commission , the greatest solitude at westminster that i had seen , whereof i my self taking notice before a member , who was designed to a principal command in the army , as a thing of small encouragement , he made this answer , that he thought the people of england were mad , being so blind to the discerning of their own interest ; but the parliaments business was more and more facilitated every day , there being a committy erected of lords and commons , called the committy of safety , in the nature of a privy council ; and money or plate coming in freely ( upon the propositions for contribution ) in london beyond any mans expectation . but that which most advanced the levies , was a liberty declared for apprentices to forsake their masters service at this time , without loss of freedom : and the nomination of collonels , members of both houses , being persons eminent for popularity , so as the army consisted very much of boys at the first , but there being great scarcity of experienced commanders , the general thought it necessary to accept the service of divers scottish-men , whom the assurance of good pay had invited to offer themselves , being not only able persons for command , but also better hardened in the way of military opposition to the royal power , than our english. now there passed every day acts of hostility , for the king appearing in person before hull , and entrance being denied , raised a battery against the town , and laid a kind of siege to it . on the other side the parliaments forces seized every day , upon such places , as they found necessary in the way of advantage for war ; so as mars began to exercise his power in several parts of the kingdom , even to bloud , by wrestlings between the respective partisans , when they met , as also by the siege of warwick-castle by the earl of northampton , who soon after lost his life in the kings service ; and the parliament it self then seemed to have assumed a new nature , according to the businesses there agitated , which were only relating to the war. after several skirmishes between parties , the armies came to face one another at edgehill , in the year , whereupon ensued a battel , and notice being given at westminster , we were in continual expectation of the issue ; and the house being set in an afternoon , there came a messenger , who brought word , that the parliaments army was so worsted , as he his self saw the earl of essex's cannon seized upon by the kings forces . this gave so great a terror , as the speaker lentall addressed himself to some of us , and used these terms . gentlemen , you shall do well to send to his majesty betimes to ask conditions , lest by delaying you come too late to effect your security : such a terror did the present apprehension strike into him , and many others ; but it was not long before an express messenger came from the general himself , signifying that he was master of the field , and had been once possest of the royal standard . this gave fresh courage , yet the intelligence brought by the first person was true ; for the parliaments left wing had been routed , and their cannon possessed , but for want of discipline the prevailers applied themselves to plunder the baggage , and so the other part of his majesties army was born down , and the earl of essex remained possessed of the field , ( or champ de bataigle , as the french call it ) but with his forces so broken , as the kings army , having done their business in forcing a passage , pursued their design , and marched forwards , which essex in his letters termed a flight , and said , that for want of horse , he could not prosecute his victory , without a fresh supply from london . and thus the victory is pretended to on both sides , and not without a fair colour . not long after this , the king having refreshed his army at oxford , marched with it towards london , yet could not do this with such expedition , but that general essex was gotten thither before him , and the citizens of london were so fearful of being plundered , as they came out unanimously for defence , and so his majesty thought good to retreat to oxford , which gave a period to action for that year . somewhat before the late encounter near brainford , the house of commons ordered me to go into the countrey for which i served , where i found all full of terror , the common people generally apprehending , that the cavaliers ( as the royallists were then called ) were coming to plunder them . this fear was artificially put into them , as i could easily perceive : for the countrey was full of strange fictions of their inhumane carriage in other countreys , and being at my usual mansion , we had scarcely any rest ( no not in the night ) for messengers giving the allarm , and the manner was to bring a paper of intelligence without any subscription , and this must be taken for truth , without any farther proof . these allarms generated strange , wild , and indigested propositions , such as were not to be hearkned unto by any person of judgment and experience , yet they were some way tending to the great design of raising the terror to a height , and putting arms into the hands of schismatical people under the name of voluntiers , and by those means to form a new power to be disposed of upon occasion in any part of the kingdome , without the limits of their own counties , as it came to pass afterwards , when majors general were established . but since the kings forces did not really make any approach towards us , and since i had not accepted of any command to oblige my stay in the countrey , i made my return to london , and applyed my self to my constant course of attending in parliament , where i found the state of business somewhat altered : for general essex began now to appear to the private caballists somewhat wresty , so as they found it necessary to raise new forces to be commanded less immediately by him . upon this there was a kind of army put under command of sir william waller and sir arthur hasellrigg , whose actions were afterwards as much cryed up , as the generals were cryed down . and then there were also ordinances of parliament ( which kind of law grew now in fashion ) framed , and past for constituting associations , whereof the eastern was chief , and much promoted by cromwel , who founded his greatness there , though for the present he was commanded by the lord grey of warke , chosen major general of that association , and placed in that command , as a person less active , and more to be wrought upon , than he afterward proved to be , which made essex who had yet power sufficient to crush him ; cause him ( after about a years service in that command ) to be summon'd to his attendance in the lords house , with a substitution of the earl of manchester in his place of major general , being one of his own near relations . the house of commons was employed in providing money , without which they could have no good effect of their armies . several ways were found , but no one ( nor all of them together ) answerable to their occasions . one was by sequestration of delinquents estates , not excepting the king 's own revenue , which last yielded the best supply , being manag'd by a committy of parliament , whereas they were inforced to use ravenous people in the sequestration of private estates , making a very slender account to the publick , and converting most of the profits to their own use , whereof the parliament was not in condition to take much notice at that time . another way of raising mony there was , by requiring a twentieth part of goods and a fifth part of every man's revenue . this began upon persons disaffected to the parliament , but came at last to be a calling dance , being made general , and herein both parties did good service , by giving complete information concerning one anothers estates . but the last and surest , was a monthly tax for the army , which was the first of that kind , and likeliest to continue in being . and now the case is wholly altered , for every demand must be answered , there being armies on foot , very well disposed to constrain payment in case of refusal . about this time , those persons who had been nominated committies in each county for money matters , held meetings ( in imitation of the covenanters tables in scotland ) and took upon them the decision of businesses relating to the county in general , but especially as to the war , which comprized the suppression of the royallists , and by this means they exercised an unlimited power , being assured of indemnity at westminster for all things done in the way of advantage to their military affairs . while the asperities of war lay thus frozen up in winter quarters , it pleased his majesty to send the earl of south-hampton , and sir john culpepper with a proposition for a treaty of peace , and a considerable member of our house made this relation to me , of mr. pims opinion concerning it . this gentleman said , he met mr. pim going into the committy of safety , and desiring a word with him asked , if he knew the substance of southhampton's message , and what he thought of it ? mr. pim's answer was , that he knew the particulars , and praised god in his heart , hoping that the issue of it would be happy for the kingdome . but it seems , that being entred into the committy his mind soon changed , for the general ( with other lords there ) were absolutely for the refusal of it , which was the event of it also in parliament , and not without some harshness in the manner , for south-hampton and culpepper would have delivered their message in the respective houses within the bar , as members , which was refused to them , and so their message being made known , and unanimously concluded unseasonable , by reason of the generals standing yet ( together with divers other eminent persons ) declared traytor , they both returned to oxford . this may appear strange , since the general was conceived to wish and labour for peace , which may the better be believed , because after this time , he sent a letter to the parliament , to express his sense of the nations miserable condition under a war , and to desire that there might be propositions of peace sent to his majesty ( a fault never to be forgiven by the private caballists ) which desire of restoring peace continued with him even to his end , as was hinted in his funeral sermon , wherein he was compared to abner , who perished being in such a design , but it is usual for such persons to dislike all pacification , saving what is procured by themselves , wherein their own interests are fully provided for , and it is very likely , that essex would have had the business to pass chiefly through his own hands , whereby we may see , how far a poor nation may suffer by the on of some principal persons . but howsoever it was with others , it is not to be doubted , but some of the close cabal , rather than to yield to any pacification , were disposed to make use of the pious intimation , delivered by a minister in a fast sermon preached before the house of commons , which was this . that if they could not effect the desired reformation , yet it would be in their power , to break the pillars , and as sampson did , to pull down the house over the heads of their enemies . yet for publick satisfaction ( the people being wearied with a war ) it was always in agitation , to bring the business to a treaty , though not without much jealousie on the parliaments side , which might be much encreased , by a letter from a lord at oxford to a commander in that army , which became publick being intercepted , and contained these words . do but cudgel them into a treaty , and we shall do well enough with them . before drawing the armies out in the year . there had been a hopeful treaty of peace , both parties having tendred propositions , and commissioners being sent to oxford to treat , but this was soon rendred fruitless by the parliament , who too far straightned the time of treaty , and bound up their commissioners by instructions , obliging them in the first place , to treat upon and conclude the proposition for disbanding of the armies , which could not be consented to by his majesty , without assurance first had , that the other most important articles would be agreed upon . and so at this time the poor people were defeated of their hopes , it being one of our cabals greatest arts , to give way to a treaty of peace for publick satisfaction , and then to bring it to a rupture in some plausible way , as here it was upon the article of disbanding , which was a thing so much desired by the people . this year . businesses were transacted at westminster with greater heighth than ever ; for the queen being returned to the king's quarters with some assistance , the house of commons assumed the boldness to impeach her of high treason at the lord's bar , and about the same time , both houses voted a new great seal to be made , which is the instrument of royal power far above all others , and the doing of these two things , could not but much exasperate his majesty , yet their military affairs were never less succesful , for the west of england was wholly lost by defeat of the earl of stamford's army , and bristow forced by prince rupert . in the northern parts the earl of newcastle was prevalent almost wholly : and certainly had the king ( instead of besieging glocester ) marched to london , and the earl of newcastle ( instead of besieging hull ) forced his way into the eastern association , the war had come to a period , but divine providence had designed a more gentle end , and disposed the minds of the northern and western armies , so as they would not forsake their own countries till they saw them cleared from all opposition . the parliaments business being in this evil condition , it was easily judged fit to call in the scots , which matter being moved in the house of commons , and it being objected , that it would be fruitless to call them , without proposing to them at the same time something of great advantage by it , there stood up presently that great patriot henry martin , and desired with much confidence , that an offer might be made them , of the counties of northumberland and cumberland , and in case they were not therewith contented , to add two such other counties in the north , as should be most convenient for them . so little care had he in that conjuncture , of the honour , and advantage of the english nation . this was justly thought extravagant , yet that business of calling in the scotts being communicated to the lords , there was a committy of lords and commons nominated to go into scotland , and matters were so transacted with the scots , as they entred into england with an army the february following . i should have related how in the former year , after the king 's retiring from parliament , there was set up at westminster an assembly of divines , being an ecclesiastical body of strange constitution , and composed of persons nominated by the knights and burgesses of each county , to which were added a small number , named by the lords , and some few commissioners deputed by the kirk of scotland . this assembly being so extraordinary in the constitution , was certainly designed to produce great effects , but the success was not answerable , for they could never perfect their model of church government , not well agreeing among themselves , by reason of the independent members , who approved of no church discipline , other than parochial , and even that part of the model , which was concluded upon with approbation of parliament could never be put in execution , the presbyterian discipline being so strict , as made it unpleasing to most of the people ; and especially to those of the gentry , who found themselves likely to be over-powered by the clergy , even in the places of their habitation : but the army , after it became new modelled , was wholly averse to it . i conceive , the intentions of calling an assembly to have been these two : first to have a synod of divines concurring in the subversion of the bishops , and their hierarchy ; and in this the parliament had their end fully , for the matter very well pleased all such persons as were earnestly of their party : and secondly , to agree upon some uniformity in divine service , which was the ground of their directory ; but all uniformity ( or colour of it ) was distasteful to the independents , which became the growing opinion , and at last so over-spread the army , as the sight of a black-coat grew hateful to them ; and so the directory fell to ground of it self . these assembly-men might well be discouraged , since hopes were given at first , that the lands of bishops and of collegiate churches should be setled in some way , for the raising of all parochial churches a competency of means for the ministers , but the necessities belonging to war exposed these to sale , and frustrated that hope . i should have related how the house of commons finding the pulpits filled with persons disaffected to them , made a breach upon the lords in point of judicature , and erected a committy called of plundered ministers , and by this committy they ejected the old ministers , and placed new at pleasure , but because the ejected had been possest of a freehold , the committy ordered to his wife and children a fifth part of the profits , if cause were not shewed to the contrary , which must be this , that the person displaced was otherwise possest of temporal means sufficient ; and to my observation , there was scarcely any of the new-placed , who did not dispute that provision at the committy . but it seems that this committy could not dispatch that business fast enough ; for the earl of manchester was afterwards invested with a power by both houses , to do the same thing within his association , as also to reform the university of cambridge , where he had the like arbitrary power of ejection . but the parliament had a way of cementing their fluctuating faction by religious bands of union , which certainly they found very effectual , though upon differing grounds , or else they would never have had three of them in three or four years time , which i think is not to be paralell'd in any other revolt . the first of these was a protestation in the year , which being before the war began , took into it the defence of his majesties royal person , estate and dignity . the second was termed a vow and covenant , set on foot in the year , and this containeth no mention of the king , but in the way of forcible opposition to him by prosecuting the war. and the third was , the scottish-covenant , which again taketh in the defence of his majesties royal person , but in so perplexed and complicated a way , as it signified little . and in this was also contained , a total abrogation of the government ecclesiastical by archbishops , bishops , &c. with the whole hierarchy ; so as this covenant may be said , to have spoken perfect scottish . the taking of the first and last of these in their proper time , was pressed upon the people in general with all terror ; and the vow and covenant ( which related much to a particular conspiracy ) only upon the members of both houses ; and certainly it was a very useful policy , to engage the most considerable persons in these oaths , and in other things rendring them odious to their prince , and exposing them to confiscation of their estates upon conquest , which could not but make them stick the more closely to common defence . all the time of this parliament it was the design of our caballists , to abate the power of the lords house , and in pursuance of that design , at the very beginning in straffords business , they prevailed to have the recusant lords deprived of voting there ; and afterwards they had not patience to stay till the bishops were excluded by the ordinance , but took advantage of a protestation made by such bishops , as then sate in the house of lords , being about half their number , and to my best remembrance , thus it was . those bishops having taken a resolution , not to continue sitting long after his majesties forsaking the southern parts , yet finding that there was an ordinance coming for abolition of their order , which must pass the lords house , they used their endeavours to enervate that , which might be done in their absence ; and upon that ground they entred a protestation , subscribed with their names , against all such determinations to their prejudice . this being become matter of record , the house of commons took notice of it , and came up presently with an impeachment of those bishops by name , as guilty of a praemunire , in assuming to themselves a power , to invalidate that which is otherwise the law of the land , viz. the jurisdiction of parliament ; and upon this ground ( how justly i know not , for the matter was never brought to judgment ) those bishops unhappily formed to themselves a deprivation , instead of a withdrawing . by this means , and by the absence of those lords , who withdrew themselves to serve his majesty , the house of peers was grown so empty , as their authority became little considerable , which was not much regarded by our leaders in the house of commons , who ( in likelihood ) had at that time a resolution to dissolve that house , as it came to pass afterwards . as great assertors of priviledge of parliament , as that house of commons pretended to be , yet they cared not how far they encroached upon the lords , nor how they violated their priviledges , as may appear by a message delivered at their bar near the beginning of the parliament , which was to this effect ; that the commons found in that house , so great an obstruction of matters tending to the good of the common-wealth , as they desired their lordships to make known the names of such lords , as were the causes of it , that they might be dealt with as enemies to the state : so as in those days , the house of commons might properly use the french proverbial saying : je n'ayme pas le bruit , si je ne le faits , i love no noise , but what i make my self . but their own house began to be almost as much cried out upon for paucity of members ; and for this they had provided a remedy sufficient by the new great seal ; and there was little danger of bringing in evil members , for no writ of election could be issued , but by warrant from the speaker , and consent of the house , who would not grant it for places , where the people were known to be disaffected to the parliament . by this means the house became pretty well filled , and many of the new members were officers of the army , who had been so used to command , as at the last they found a way to command , even the house it self . besides this , the new great seal enabled the parliament to constitute judges , and to set up again the courts at common law , as also to make what justices of the peace they thought sit , whereof there was very great want in the parliament quarters till then ; so as now there were complete judicial proceedings , both criminal and civil , which gave great satisfaction to the people , and would have deserved high applause , but that all men knew this convenience to be raised upon a most unjust , and insolent foundation . before this recruiting of the house of commons ( as it was then called ) the military affairs of parliament were much advanced ; for by the help and countenance of the scottish army , his majesties strength in the north was so broken , as the parliament had first besieged newark , and then the city of york , but both these towns were very bravely relieved by prince rupert ; and could that prince have been contented , with the honour of having effected his business in the dissolution of those sieges , it had been happy , but he as a souldier , knew what a fear usually is attendant upon armies in a retreat , having been forced to forsake a siege ; and thereupon he gave the parliament forces battel at marston-moor , and was defeated wholly , yet with such a confusion on both parts , as six generals present in that sight , were said to take wing at the same time , conceiving their party to be utterly overthrown , whereof general lesly of the scottish was one . this set the parliaments reputation very high in point of strength , and gave opportunity to our caballists , of abating ( or rather dissolving ) essex his power , who , as they conceived ( and perhaps grounding their conceit upon his letter for propositions to his majesty , in which letter he also exprest much care that the royal person might be preserved in safety ) had no mind to an utter overthrow of the regal authority : so as when the armies were withdrawn into their winter-quarters , our grand politicians set themselves upon the effecting of this great work , which must have influence , as well upon essex his chief adherents , as upon himself . the manner of this critical business was thus . it was affirmed in the house of commons as impossible , that the war could be brought to an end , by an army that had totally lost its discipline ; whereupon it was moved , and assented to , that a committy should be nominated , for examination of corruptions and abuses in the army . this committy sate many days , and was very full of employment , till at last a report was called for . then arose up mr. tate the chair-man , with a great bundle of papers in his hand , being a very great presbyterian , and little suspecting , that his business would become the ruine of his party , as it did in conclusion . he appeared unwilling to make the report , but being pressed to do it , he desired , that the house would first give him leave to speak a few words ; and then he uttered his parable , concerning a man much troubled with botches and boiles , in several parts of his body , who had recourse to a physician for cure ; his doctor told him , that he could give him plaisters to cure any part of his body so disaffected , but that whatsoever was healed in one member would break out again in another , for the whole habit of his body was corrupted , and that if he would have perfect health , he must procure for himself a better habit of body , by much purgation with a new diet , and so the ulcers would be healed of themselves . this , saith mr. tate , is so applicable to the business in hand , as i hope the house will find no need of a report , and yet upon command i am ready to make it . hereupon other members , who had prepared themselves , spake against the report , and said , that abroad out of doors , all our ill successes were imputed to the absence of members from parliament ; and then a motion was made , that there might be a self-denying ordinance , by which all the members of either house might be deprived of other employments , that diverted them from their service in parliament . this was very hard of digestion to many members , who had profitable offices , yet for publick satisfaction , and for better reforming of the army , it was consented to , that there should be such an ordinance , which was afterwards brought in , and passed both houses . by this means essex , denbigh , manchester , grey of groby , sir william waller , haselrig , brereton , cromwell , and divers others were deprived of command , though the last was never intended to suffer by this ordinance , as it appeared afterwards . but notwithstanding all this , essex had not surrendred his commission , and therefore something must be done to shew him a perfect necessity . so the house of commons proceeded in nomination of collonels for their new army , whereof sir thomas fairfax was one , and at last he was voted to be general of it . he was a person eminent for valour , ( vaillant comme son espée , fearless as his sword ) but of a temper more flexible than essex ; and very many others , which pleased cromwell , who meant to be the chief steersman . not long after this , essex finding himself imperatorem sine exercitu , a general without command surrendred his commission , with many expressions of good affection to the parliament ; and wholly bent himself to a retirement , being the first person , and last of the nobility employed by the parliament in military affairs , which soon brought him to the period of his life ; and he may be an example to all future ages , to deter all persons of like dignity ; from being instrumental in setting up a democratical power , whose interest it is , to keep down all persons of his condition . yet they did him all possible honour , in his funerals at the publick charge , so acceptable is an opportune death . in pursuance of the great design , all the old commanders were wormed out by little and little , and none admitted to commands , but those persons who were known , not only to be of an antimonarchical spirit , but purely disposed to the armies interests , which the army found very useful afterwards , when it began to contend with the house of commons for the sovereign power . by this it may appear , how supinely negligent the parliament was , in forbearing to mould the army , with surer dependence upon it self , which might have been effected in the nomination of colonels and chief officers at first , if care had been taken for choice of many persons , who were resolved to stand & fall with their interest , such as were colonel harley and sir robert pye , who forsook the army , when it opposed it self to the parliament , and for want of associates could effect nothing , but their own prejudice . as soon as this new army began to move , it was thought necessary by the house of commons to send cromwel to them , who was there not only received , but intrusted with command of all the cavalry by the title of lieutenant general , there being then no general of the horse . this army had but ill success at first , having laid siege to oxford , and failed , when in the mean time the king with a brave army had taken leicester town , and struck a great terror into all the parts adjacent . but all this was useful only to bring on a greater misfortune , for general fairefax drew his army that way , and the opposing of his passage brought on that fatal battail of naseby , where there was so absolute a defeat of his majesties forces , as the after strivings were but as labouring for breath , by a person not long before his decease . after this oxford was besieged again , and yielded by treaty , which was followed by a total dissolution of all his majesties military power . yet the king assayed to engage a powerful army for him , which was that of the scots at newark , and that he might the more endear himself to these , he put his royal person wholly into their power . at first the scots carried themselves , as if they intended to appear worthy of so great confidence , for they presently marched northwards . the parliament gave no time to consider , but made a peremptory demand , to have the king's person delivered to them , and had the help of themistocles his two great gods vis & suada , the terror of a victorious army ready to fall upon them in case of refusal , and by way of perswasion a representation of their duty , that army being then in the parliaments pay , and obliged to act only in their service , to which with many other reasons , was added a promise of their arrears by very ready payment . the first of these was more likely to give offence , than terror , to so powerful a body , and as to that pretended duty of the army , it could not extend it self to the extinguishing of natural allegiance , which is a duty personal . but whatsoever arguments were used , the scots consented to deliver him , and performed it to their eternal infamy , which infamy is much encreased by a breach of trust ( for having received his majesty they ought to have set him in a state of freedom , as good as he had when he came ) and because the contracting for mony makes the business appear , as a sale of their soveraign prince . soon after the king's forces were wholly dispersed , the army being without imployment made business for it self , by interposing in publick matters appertaining to the government , which was begun by a mutinous accusation of mr. hollis , with other members to the number of eleven , and a drawing up of the army southwards , whereupon the parliament sent commissioners to them to expostulate about their remove southwards , and to promise all reasonable satisfaction in general terms , but nothing would serve , without the exclusion of those members from the house of commons . but i should have related , how upon delivery of the king's person , the parliament placed him at holdenby-house , with a guard of soldiers , and a committy of lords and commons to attend him , and to order matters there for his security . at this the army seemed to take offence , disliking the choice of commanders for his guard , but surely their main intention was ( since now an opposition to the parliament was designed ) to have the royal person only in the power of the army , and thereupon they sent a party to take him from holdenby , which was effected without the least opposition , and so they held his majesty with ( or near ) the army , till being at hampton court the chief officers grew jealous , that his residence with the soldiery might have an influence , endangering the power of them the commanders . at this time cromwel who was the chief manager of affairs in the army , carried himself with such respect to his majesty , as his party grew highly jealous of him , insomuch , as john lilborn , the great leveller , offered a kind of 〈◊〉 against him at the bar in the house of commons , wherunto there was little car given by the house in general , but those , who abhorred all reconciliation with his majesty , remained unsatisfied , and began to complain bitterly of him one to another , as a person persidious ; but their fear was causless , for he never intended to be an instrument of so much good to the nation , and therefore his courtship must be thought to have had some other intention , which may be guessed at by that which followeth . while the army lay about hampton court , the houses were informed , that the king had made an escape from thence , and that the chief commanders were very much distracted with the thought of it . this was very well dissembled , since it soon 〈◊〉 〈◊〉 that the king had been perswaded to withdraw himself , and was never fully out of power , for being quickly seized upon again , they placed him ( according to their hearts desire ) in the isle of wight , where there could be no addresses made to him , but by their permission . yet here the army was content the parliament should have the honour , that his majesties perseemed to be in their custody , for the guard and care of him was referred to a person nominated ( or at least approved of ) by them , who was colonel hammond . and now the english nation ( though all too late ) was grown so generally sensible of their prince his distressed estate , as it drew on a treaty at caris-brook castle in the isle of wight , where the king had his forced residence , called the personal treaty , because none were admitted to be present at the debate , but the king his self , and the commissioners of parliament . it is true , that the king might retire at any time into another room to advise with divines and others , being persons of his own choice , but they were not admitted to be present with him for assistance in the debate . there were terms of very great disadvantage , yet the king carried himself even to admiration of the commissioners . i remember , that it hapned after the report had been made in the house of commons , as we passed through westminster-hall , that one of us was speaking of his majesties great abilities in the hearing of one of our grandees , who turning his face to him who spake , used these words : perceive , you take notice of the king 's great abilities , and you may thence conclude with your self , that you have the more cause to take heed of him , which speech i could not but find very strange , as if it were dangerous to a nation to be governed by a prince of parts extraordinary . but this treaty had the like issue with others , though the unsatisfactoriness of the king's concessions could not be voted in the house , as it was then constituted , which caused a new purgation of it by the army . before this personal treaty , the parliament for a long time was enforced to take for payment , whatsoever reasons the army officers were pleased to tender for their justification , but in the year . the army was grown to that insolence , as the presbiterian party in parliament thought it unsufferable , and thereupon they took heart , and having made some resolute votes , sent a committy of both houses to the city of london , to ingage them in an opposition to the army together with the parliament , but there was then as great a schisme ( or rent ) in the city , as in the parliament , and the borough of southwork siding wholly with the army , it was impossible for the city to stand out against it , so as that ill grounded opposition fell wholly to ground , and the speakers of both houses ( who easily foresaw the issue , and together with many other members had made an escape to the army ) returned triumphantly to westminster , and the army with much greater triumph marched in body quite through london , and by means of this opposition became more eminently powerful than ever . and thus the great city of london was made to stoop , and it may be observed in this business ( taking it wholly from the beginning to its happy conclusion ) that all other persons and parties , which had been much cryed up for eminent power , were brought low , as the great favorites in church and state , the scottish armies , the houses of parliament , and the royal soveraign his self , whom it pleased god to humble even unto violent death , as it was with his ( and our ) blessed saviour . and as for this triumphant army , with its brave and politick commanders , divine providence reserved it and them , to an utter dissolution , ( as to that great power wherewith they so afflicted the world ) which came upon them at last , though with leaden feet . and to shew unto those insolent commanders of the army the unstableness of their condition , it pleased god before this personal treaty , that there was a strong design laid , to draw on a total change of affairs , by insurrections in divers counties , and a fresh coming in of the scots , who now began to understand themselvs better . yet as is usual in matters , wherein several and distant parties undertake together , these could not hold time one with another , so as some were overthrown , before others appeared to stir . but as preparatory to these troubles , the parliament by a just judgment of god ( as a return for their own miscarriage in the same kind ) was much disquieted with tumultuating petitioners from surrey , kent , and other counties , who carried themselves with such violence , as some of the petitioners lost their lives by the guard which attended in the new palace-yard , & the loss of these persons was so ill resented abroad , as kent suddenly arose in a great body for the king , and had essex held time with them , it might have somewhat distracted the army , but essex men stayd , till the kentish strength was broken at maidstone , and then began to stir , whereupon the remainder of kentish men crossed the thames , and came into essex , where not being able to resist a complete army , the whole party of both counties was constrained to retire into colchester town , and was there besieged by general fairesax , and enforced to surrender for want of provisions . about the same time , the earl of holland made a party , and took arms on the other side of london , but finding no assistance from the countrey , he retired northwards , after some damage received , and being pursued by forces sent by the army , his party was routed at st. neots in huntington shire , and he his self there taken prisoner . neither had the scots under duke hamilton any better success , for cromwel having gathered together a competent force , fell upon them in their quarters , when they had scarcely heard of him , and he cannot be said to have routed them , for they were never suffered to gather themselves into a body , so as all that great army fell to nothing , without making the least opposition in any considerable number , and in the pursuit the duke their general was also taken prisoner . now the army having once more cleared the coast , had good leisure to fall into mutiny again , but it was against the parliament , and not against their officers , who made use of the common soldiers , to demand justice ( as they called it ) against the king , and for whatsoever else they the officers had in their desires ; and for this they found out a new and unheard of way , giving the soldiers leave to chuse agitators , being substitutes , receiving denomination from agitating their businesses , which then consisted only in medling with affairs concerning the publick . these persons were busie-headed fellows , pointed out by the officers , but elected by the soldiery , and held their assemblies , wherein they questioned all parts of the government , and proposed what new models they thought fit . this made the people in general almost mad , fearing that all would fall into absolute confusion , but the army officers meant no such thing , as parting at this time with their old masters , who had not yet done all their work , and who would be governed ; as they knew by experience , which perhaps a new and more numerous representive body would not have endured , and therefore they resolved only upon the seclusion of all those members , whom they had found to be principled opposite to their interest ; and so having had good trial upon our great debate concerning the personal treaty , and time to make a catalogue of such persons names , as they intended to seclude , during one days adjournment made by the house after having spent a whole night in that debate , they sent their red-coats early in the morning before the next sitting , who passed the streets with great cries , and so possest themselves of the house of commons-door , admitting only those members , whose names they found not in their catalogue , and seizing upon many of the rest who would have entred . i question not , but upon this occasion ( as upon all others of great importance ) they held a solemn fast among the chief commanders , to ask counsel of god , for the doing of that which they their selves had already resolved upon , which ( if i deceive not my self ) is one of the greatest hypocrisies that the world hath known . the house of commons being thus moulded according to their desire , they presently fell upon the formalities of that most hideous ( and not to be paralell'd ) murther of our royal sovereign , and upon the business of putting down the house of lords , with intention to establish a perfect democracy among us . but god hath preserved us from so unhappy a change : as for my self , being one of the secluded members , i from that time retired me wholly from publick affairs , till a farther call , which by gods mercy i lived to see , and had the happiness to be a member even of that house of commons , when all was disposed there for a perfect restitution of the ancient government under our most gracious sovereign charles the second , whom god preserve long in prosperity for his service , and for the happiness of these nations . and here i end this discourse , leaving it to better pens , to set forth the continuance of that anarchy , and the miraculous way of divine providence , in restoring us to our sovereign prince , and to our fundamental laws , without effusion of one drop of bloud in the military way . a short additament . since the finishing of this discourse , i have consulted the histories of several nations , to see , if i could meet with any thing running paralel to the raising and issue of this war ; but i have absolutely failed of doing it . it hath been usual for senates to take part with a power already raised by persons assuming the sovereignty ; so it was with the roman senate , when galba had prevailed against nero ; and that senate went farther than any other within my reading , for they proceeded to a capital sentence against their prince , but it was not till the imperial dignity was in a manner possessed by galba , and the military power was so far from being raised , or directed by themselves , as they durst not give the least countenance to it , till nero was absolutely run down . that which cometh nearer to us , is a levying of war by the roman senate against julius maximinus the emperor ; but at the same time they invested pupienus and albinus with the imperial purple in opposition to him , and claimed no sovereignty in themselves ; which setting up of emperor against emperor was a thing very frequent among the romans . in these later times , there have been divers rebellions against princes , wherein senates have been concurring , but have not originally formed the opposition . so in the united provinces of belgia , arms were first raised by particular persons , or places ; and the states ( or deputies of provinces ) afterwards approved , and concurred : and the parliament of paris adjoyned it self to the liguers ( or covenanters ) against the two last henries of france ; but that parliaments actions are little to our purpose ; for they are to be looked upon as no more than a standing court of judicature , wherein the peers of france are priviledged to sit at pleasure , and having jurisdiction only in some part of the french dominion ; ( except in cases of appeal ) and besides this , the war was neither begun , nor managed under their authority . in scotland , an assembly stiled ecclesiastical , ( though comprizing lay-persons ) was convocated by king charles the first , and they continued their session after his majesties act for their dissolution , assuming to themselves a power independent upon him ; but i never read , that they made any order for raising of military forces for maintenance of their decrees , though it was otherwise done against his majesty . in our chronicles , there is mention of divers kings deposed , even by parliament , but those parliaments did it in compliance with a strength already in being ; and they no ways either directed or concurred in raising that power . thus have i raked together out of several histories much filth , but none of so bad savour , as that contracted by our long parliament . there are some particulars of aggravation against that assembly , ( i mean chiefly the house of commons , who for the most spurred the lords into action as to things irregularly done ) which are not applicable to any of those in foreign histories : as first , that they levied war against their prince in their own name . secondly , that they were assembled by the king 's writ to advise him in his affairs , and therefore ought not to have acted against him . thirdly , that they were limited by the terms of that writ , and in that respect ought not to have exceeded those limits . fourthly , that they were representatives of the commons , and ( though they would be otherwise exorbitant ) ought not to have done things prejudicial to them , and contrary to the mind of their major part , as certainly they did , in levying of war , and in those things which ensued thereupon . and lastly , they assumed a jurisdiction upon the kings royal person , without the least colour of right , by making substitutes ( stiled by them a high court of justice ) to arraign him as a delinquent , and to proceed capitally against him , even to death it self ; whereas he alone was the fountain of all justice within his dominions ; and nothing of that nature could regularly be done against the meanest person ; but by vertue of authority , or commission from him . and all this when he was still acknowledged to be their king ; for he was so stiled in terminis at the arraignment . this is far beyond what hath been formerly done by any other body of men ; and is of so odious a condition , as pity it is , there cannot be a total obliteration of it , to prevent any transmission to posterity . it hath been hinted herein , that the levying of war against the king was displeasing to the people in general ; yet partly by terror , and partly by hope of advantage , the most powerful part of the nation was made instrumental in it ; and this may the better be believed , because many of the most important businesses transacted in that parliament were ( upon a weaker consideration ) carried on , contrary to the judgment of the major part of that house of commons . ( i intend the sense of the house , as it was constituted at first ; for to speak of it otherwise were like making a coat for the moon , which is never of the same dimensions , but either encreasing or decreasing . ) this seemeth a paradox , yet thus much i can say by experience , for the truth of it , that oftentimes very many members , of those who sate near me in the house , gave their voice the same way that i did upon putting the question ; and yet upon division of the house , they were ashamed to own it ; for then they associated themselves with our great managers of business in the way of opposition to his then majesty . of so great force is the desire of popularity with too many , which could not but have a very great influence upon matters of greatest consequence , that were usually determined without any great disparity in the votes . yet were not businesses always carried on in the house , according to the mind , and intended order of the leading persons ; for the business of that protestation made in the year had been taken into consideration at a private meeting of the grandees , and was there concluded to be unseasonable . yet henry martin being unsatisfied with their determination , moved it the next day in parliament , and found the house so disposed , as a vote was presently passed for a protestation , which was afterwards worded by a select committy , and approved of in both houses . and to this the leaders would not oppose themselves , though they conceived it to be improper at that time . having herein insinuated the different constitutions and inclinations of that house of commons , i may demonstrate it by particular resolutions , in the case of this henry martin , who as well by that of the protestation , as by some other successes in the seditious way , being exalted in mind , adventured to cast himself upon a rock ; and thus it was : when it had been some ways expressed in the house , that the good and happiness of this nation depended upon his majesties safety , and continuance of the royal line , henry martin stood up and affirmed it to be a mistake ; for ( as he conceived ) this nation might be very happy , though the royal line were extinct . upon these words he was presently questioned , and after some debate , voted out of the house , and he continued long under that exclusion : but the war being begun , and carried on , it was conceived , that henry martin might do good service , as a member , and so his restitution was moved for , but answer was soon made , that he was a person dead civilly , and could not be restored to life . hereupon young sir henry vane ( one of the oracles of those times ) arose and said , that the matter was very easie to be effected , by expunging out of the journal-book that order , whereby he had been cast out ; and that the house was ever understood to be mistriss of her own orders . this was found so ready a way , as the matter was presently determined , and henry martin having notice , came into the house again , disposed to do farther mischief . and that the house was otherwise disposed , before the members , who fully embraced the royal interest had forsaken the parliament , may appear by the difficult saving of sir henry ludlow , who thus exposed himself to danger . the house had newly received a message from his majesty , which was so far from being satisfactory , as many persons spake against it with much vehemency , and among the rest sir henry ludlow , who very resolutely used these terms : he who sent this message is not worthy to be king of england ; upon saying this , he was immediately interrupted , and the words were agreed upon preparatory to a charge ; but before his withdrawing , in order to a censure , mr. pym arose , and said , that those words contained nothing of dishonor to the king , which being found very strange , he thus cleared his meaning . if these words be such as a fair conclusion is naturally deducible from them , then they cannot be evil in themselves , but that a fair conclusion naturally ariseth from them , may be proved by this syllogism . he who sent this message is not worthy to be king of england , but king charles is worthy to be king of england ; and therefore king charles sent not this message . now ( saith mr. pym ) i leave it to judgment , whether or no this syllogism comprize any thing in it worthy of your censure . this argument was so ingenious , as sir henry ludlow ( with his ill meaning ) came freely off without punishment ; whereas those members , who were of the royal party , found no such effectual intecessions , but were ejected many in a day , and the house was replenished again with soldiers and other persons ( most of them ) of a tribunicial spirit and temper ; so as no wonder it is , that a body so fallen from its primitive constitution , having contracted so much evil habit , and prostituted it self to the embraces of an insolent and rebellious army , governed by commanders highly ambitious , should yield births of so horrid and prodigious a nature , which ( as we hope ) shall never be paralelled in any future age. and now , it is more than time , to conclude also this supplemental discourse , which is become greater than i my self at first intended . spicas aliquot legi , messem validioribus linquo . finis . a copy of a letter written by mr. stephen marshall to a friend of his in the city, for the necessary vindication of himself and his ministry, against that altogether groundlesse, most unjust, and ungodly aspersion cast upon him by certaine malignants in the city, and lately printed at oxford, in their mendacium aulicum, otherwise called mercurius aulicus, and sent abroad into other nations to his perpetuall infamy. in which letter the accusation is fully answered. and together with that, the lawfulnesse of the parliaments taking up defensive arms is briefly and learnedly asserted and demonstrated, texts of scripture cleared, all objections to the contrary answered, to the full satisfaction of all those that desire to have their consciences informed in this great controversie. plea for defensive arms. marshall, stephen, ?- . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing m thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) a copy of a letter written by mr. stephen marshall to a friend of his in the city, for the necessary vindication of himself and his ministry, against that altogether groundlesse, most unjust, and ungodly aspersion cast upon him by certaine malignants in the city, and lately printed at oxford, in their mendacium aulicum, otherwise called mercurius aulicus, and sent abroad into other nations to his perpetuall infamy. in which letter the accusation is fully answered. and together with that, the lawfulnesse of the parliaments taking up defensive arms is briefly and learnedly asserted and demonstrated, texts of scripture cleared, all objections to the contrary answered, to the full satisfaction of all those that desire to have their consciences informed in this great controversie. plea for defensive arms. marshall, stephen, ?- . [ ], p. printed for john rothwell, at the sunne in pauls church-yard, london : . originally published in as: a plea for defensive arms. annotation on thomason copy: "may th". reproduction of the original in the british library. eng great britain -- history -- puritan revolution, - -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason e _ ). civilwar no a copy of a letter written by mr. stephen marshall: to a friend of his in the city, for the necessary vindication of himself and his minist marshall, stephen d the rate of defects per , words puts this text in the d category of texts with between and defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - simon charles sampled and proofread - simon charles text and markup reviewed and edited - pfs batch review (qc) and xml conversion a copy of a letter written by mr stephen marshall to a friend of his in the city , for the necessary vindication of himself and his ministry , against that altogether groundlesse , most unjust , and ungodly aspersion cast upon him by certaine malignants in the city , and lately printed at oxford , in their mendacium aulicum , otherwise called mercurius aulicus , and sent abroad into other nations to his perpetuall infamy . in which letter the accusation is fully answered . and together with that , the lawfulnesse of the parliaments taking up defensive arms is briefly and learnedly asserted and demonstrated , texts of scripture cleared , all objections to the contrary answered , to the full satisfaction of all those that desire to have their consciences informed in this great controversie . hosea . , , . . heare the word of the lord , ye children of israel , for the lord hath a controversie with the inhabitants of the land , because there is no truth , nor mercy , nor knowledge of god in the land . . by swearing , and lying , and killing , and stealing , and whoring , they break out and blood toucheth blood . . therefore shall the land mourne , &c. london printed for john rothwell , at the sunne in pauls church-yard , . sir , your letters brought not the first tidings of the continuance and encrease of those strange reports concerning me , they filled the city even while i was there , and i perceive pursue me into the countrey : it is a lying spirit which god hath permitted to haunt me for my triall , as it hath done others of his servants before me . you know what a book bolsec wrote of the life and death of mr. calvin : beza lived to write a confutation of a book written of his renouncing his religion and turning papist . and concerning luther , the priests had long reported , that he had his call from the devill , and to confirm it , filled italy with a rumour of his death , and that at his death hee was carried away by the devil soul and body : which they ( good souls ) divulged not to discredit the man , but in gloriam iesu christi , to the glory of christ , and comfort of the godly . the like usage my self have lately met with in some degree , for being afflicted with a deep cold and distillation from my head upon my lungs , and some feverish distempers , my learned , loving and carefull physitian , finding that the too importune visits of my many loving friends , occasioned too much speech , and thereby too much expence of spirits , advised me to remove to the house of my noble lord of warwick , where i should have more ayre , and lesse company : hereupon a report was immediately spread about the city that i was distracted , and in my rage constantly cried out , i was damned for appearing in , and adhering to the parliament and kingdom in this defensive warre : which when i first heard , i looked upon as a calumny invented by some simple adversary ( though malicious enough to my person and ministry ) who finding it the readiest way to reproach me betook himself to this . but afterwards observing how studiously it was maintained , how laboriously propagated , how handed from court to city , from city to countrey , from england to forraign parts , mercurius aulicus printed it , and a great officer of state having sent it into other kingdoms with his letters , assuring the truth of it , and that not nine dayes , no not a month did allay it , i then perceived the plot was not so much to disgrace me , ( for alas who am i that they should trouble themselves so much about me ) but through me to wound the cause , in which my poore labours have been engaged . this rumour it seemes yet lives , and ( as your letter confirmes ) encreases ; from my going down into the countrey they have taken occasion not only to report me distracted , but dead , yea that i died crying our of my appearing in this cause ; and this is so confidently reported by some , that it is almost as confidently beleeved by others ; even thousands , you say , which makes you earnestly to presse me to write unto you , whether i have not ( at least ) changed my former judgement about our defensive armes , and this not ( as you professed ) to satisfie your selfe , but that you might have something under my owne hand to shew for the satisfaction of others . sir , your ancient love to me , and present desires to vindicate me from these aspersions , but especially your care that the publike cause might not suffer , doe all command me to be your servant in this thing . i know it will satisfie you , that i solemnly protest unto you , that in all these fourteen weeks keeping in , i never had an houres sicknesse , nor lost a nights sleep , nor had any distemper in my head , nor saw any cause of sorrow for my adhering to the parliaments cause but esteem it a great honour and mercy from god , that he should move his excellency my lord , to require my service in this great expedition ; and that i have even therefore exactly followed the doctors prescriptions , out of an earnest desire to be sitted for my work , that i might returne to my most honoured lord , being fully resolved , if god say amen to it , never to give it over , untill either there be an end of that work , or an end of my dayes . this i think will satisfie you , and it is possibly as much as you desire for the satisfaction of others , to have this under my hand . take this concerning the cause , and concerning the report spread of me , what luther said ( of those above mentioned ) concerning himselfe ; fateor & testor hâc meâ manu , &c. i professe and testifie under my hand that i entertained this fiction of my distraction and death , laetaque mente & hilari vul●●… ; very chearfully . but since your love hath compelled me to put pen to paper , i shall compell you to read the largest letter that ever i wrote , being resolved to give you a full account both of my ground and warrant of entring upon my office , and how farre i am from changing my judgement upon the present view of things . when his excellency vouchsafed to require my service ( for , god knows , i offered not my selfe in this great work ) there were but two questions ( beside my care to walk aright in my ministry ) for my conscience to be resolved in . first , whether upon supposall of the truth of the parliament votes . viz. that his majesty seduced by wicked councell , did levie warre against the parliament ; the scripture did warrant them to take up defensive armes . secondly , whether the parliament was not misinformed about such his majesties purpose , and practice . the first is a mear question in divinity . viz. whether a people , especially the representative body of a state , may ( after all humble remonstrances ) defend themselves against the unlawfull violence of the supream magistrate , or his instruments , endeavouring ( and that in matters of great moment ) to deprive them of their lawfull liberties . the second is a question mearly of matter of fact . for the first , before the beginning of these unhappy differences , i had both learned , and taught to this purpose . first , that it is agreeable to gods will , that in all countreys ( especially when and where the people are numerous ) magistracie be set up , with a sufficiencie of power and authority to rule for the publike good ; and that , even among them who are under the scepter of christ , against the anabaptisis . secondly , that among the divers kinds of lawfull governments , monarchy , aristocracy , and democracy , no one of them is so appointed of god , as to exclude the other from being a lawfull government . thirdly , that the bounds and limits of the magistrates lawfull power of commanding , and the subjects necessary obeying , must be sound , and taken out of the severall lawes , customs , and constitutions of those severall states , and commonwealths : there are scarce two formes ( especially of regall government , in the world ) but they differ one from the other , and that in matters of moment . now i say , what the power of magistrates in one countrey differs from the power of magistrates in another countrey , and how the duty of subjects differs in each , must be found only in the lawes of the respective places : that no mans right must be detained from him , that caesar should have rendred to him the things that are caesars , and all people the things that are their own , the scripture , and lawes of all nations doe determine . but whether ( for instance in england ) shipmoney be the kings right , and so to be yeelded , or denyed ; whether this house or inheritance be this or the other pretenders to it , must not be determined by any law , but by the law of england ; goe therefore to the lawes , and learned lawyers , and from them alone you shall learn what is the prerogative of the prince , and both the duty , and liberty of the subject . but then fourthly comes in religion or the command of god , and binds the consciences of magistrates to rule , and of subjects to obey , according to those lawes . and fifthly , ( in particular ) of subjects it requires these four things . first , to render to their governours , next under god the greatest fear , and honour , as being gods vicegerents , as having the greatest beames of his authority put upon them , and therefore called gods , and all of them the children of the most high . secondly , loyalty to their persons , and office , that is , obedience according to law , and patient subjection , when we cannot actively obey , willingly for conscience sake to submit to the penalty of the laws , when for conscience sake we cannot observe the lawes themselves . thirdly , maintenance with payment of all lawfull customs , tributes , and impositions . fourthly , all manner of supplications , prayers , intercessions , and giving of thanks , their usefullnesse being great , their temptations many , their fall ( like that of great cedars ) the crushing of many , and the shaking of the earth round about them , and all this we owe , not only to the king as supream , but in proportion to all inferior governors , who are sent by god also for the punishment of evill doers , and for the praise of them that doe well , they being all the ministers of god for our good , and this is the first commandement with promise . but sixthly , if our governours ( whether supream , or inferior ) leave to rule according to law , and set up their own will contrary to law ; there is no word of god acquitting them from sin in gods sight , but severely threatening them for abusing his name , which they bear ; nor any word binding the consciences of their subjects therein to yeeld them any active obedience . thus farre we have all sides agreeing in all the particulars , except only a few court flatterers , who ( and that especially of late ) have endeavoured to cry up monarchy , as the only ordinance of god , for the government of states ; as if the other forms of aristocracy , and democracy were not approved by him : yea , and have cryed up the power and authority of princes to be such , as that they are absolved from all lawes ; and that whatsoever the subjects enjoy under them , is only by the princes favour , which if they please to recall , how justly or unjustly soever , the subjects are bound to yeeld all unto them , and have no plea against their prince , only in the court of heaven ; no law , no judg , no court here below , having any authority to say unto him , what dost thou : this divinity hath of late been preached ; and , as sweet enchanting musike , often chanted in the eares of our princes : and no doubt was one great occasion of these heavy yoaks we have of late groaned under . but these absurdities need no refutation . egiptian pharaoh claimed not the wealth of his people , till he had bought it . and ahab himselfe , who durst not lay claim to naboths vineyard , without purchase , or colour of confiscation , proclaims their ignorance sufficiently to the world . and among our selves , the constant proceedings of our princes , even in their most heavy illegall exactions , borrowing allwayes a colour of law , and the known laws of the land , enabling the meanest subject to maintain his propriety , even in a two-peny matter , against his soveraign ; and the innumerable verdicts in all courts , passing for the subject , against the king ; assure me that unlesse god for our sins should give up our parliament and s●ate to the vassallage which this popish army would bring it to , we shall heare no more of this divinity . the only question now is about passive obedience ; they who cry down our defensive arms , confesse that the magistrate cannot require any thing but by law , and that the subject need not yeeld up his right but by law ; to tie lies upon the conscience of naboth to let ahab have his vineyard : but if a saul will by force take away our sonnes to ea●e his ground , and our daughters to be his confectioners , cookes , and bakers ; if he will by force take our fields , even the best of them , and give them their servants , we have no help in that day , but preces & lachrymae , to cry unto our god : but no liberty to defend our selves by armes against such tyranni ; if we do ( say they ) we resist the ordinance of god , and must receive to our selves damnation . but if this opinion be weighed in the ballance of reason , how much lighter than vanity will it be found ; how absurd a thing is it , that these men will allow me , if the king pretend law in any thing i may try it out with him , and not when he or his instruments come with open violence : if the king will sue mee , and by pretence of law seek to take away my coat , my house , my land , i may defend these from him with all the strength of law i can , but if he come with armed violence to take away my liberty , life , religion , i must yeeld up these without making any resistance : i may secure that which i have nothing but lex terrae to plead my propriety in , viz. my money , which i may give away , and in the mean time my liberty , life , religion , which are mine by the lawes of god and man , i may not secure with a good conscience . true it is , if in case it do ( upon circumstances duly weighed ) appeare that our receding from our right , and not resisting wrong , will tend to the promoving of a greater and a more generall good , or the preventing of a greater and more generall evill , it is agreeable to right reason , and our saviours rule , mat. . . that we should both remit of our right , and submit to wrong , whether sued or unsued , whether to superiours or inferiours , or equals . but that men should give a liberty of defence in law , and yet absolutely condemn defence against unlawfull violence , is such an {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , such an absurdity as you shall seldom meet with . but give me leave to weigh it a little further ; if the subjects defending themselves by armes against the violence of oppressing governours and their instruments be unlawfull , either it must be because their prince hath by conquest spoyled them of that liberty which god and nature gave them at the first . or secondly , because they or their ancestors having submitted by covenant and consent to him to be their supream ruler according to law , they must therefore bee interpreted to have yeelded up all their liberty so farre as to bee now unable with a good conscience to defend themselves against his violence though contrary to law . or thirdly , because god hath lifted up princes so far above all mortall men , that all hands are by him bound from daring to resist them . the first i finde not many pleading , that peoples being conquerd , makes it unlawfull for them to defend themselves against the unjust violences of their conqueror or his successors : most of them grant , that the peoples right is to designe the person of their prince . and indeed it is the most absurd reasoning in the world , that because a strong robber hath over powerd mee in my house , in conscience i am tyed to be his servant or slave for ever . because eglon hath mightily oppressed israel for eighteen yeares , it is unlawfull for them to shake off his yoak when they are able to resist him : certainly , whatever of mine another takes by violence from me , let him keep it never so long , it is but continuata injuria , a continued wrong , till i consent to his holding it ; and all reason allowes me to recover it again as soon as i can . and i fear not to say , that had william sirnamed the conquerour taken and held this crowne only by his sword , and ruled over the nation only by force , and all his successors to this day had no other claim to it , all the reason in the world would allow us to redeem our selves from that yoak , if we were able . but though the sword begin the conquest , yet many times the consent of the people comes in , and makes their conquerour their lawfull king ; and then so farre as by covenant or lawes , they agree to be under him for the publike safety and good , they are bound up from any resistance . but that their parting with some of their liberty for the publike good should ( upon the usurpation of him whom they have trusted ) deprive them of that liberty which they never parted with , is most abhorring to reason . suppose a free man indents with another to be his servant in some ingenious employment , as , suppose to attend upon his person ; and expresly indents that his master shall not have power to command him to rub his horse heels , or fill his dung-cart , or the like ; if now this master shall usurp , and command him to such sordid employment , and by force seek to compell him to them , some shew of reason ( at least ) there would be for the servant to plead that his master had forfeited all his power over him , and that he was free from his service , and might goe seek another master ; but no colour of reason that the servant hath now forfeited that immunity from sordid and drudgery works that he first covenanted , and must thenceforth lie at his masters feet , as wholly prostitute to all his imperious humours . secondly , can it be imagined , by reason that a people submitting to a lawfull government , should thereby be necessitated to that which may overthrow the end of all government , that is , inability to provide for their common safety . that whereas when they were free and under no government at all , they might by the law of nature defend themselves against injury : now having submitted , though upon good conditions , they are utterly disabled to defend themselves if he that should be their protector , would prove their murtherer : if he who both in himselfe and instruments should be only for the punishment of evill and the praise of them that doe well , will goe , or send , or suffer a company of theeves or murtherers to goe in his name , and spoile and destroy them that do well : can their being subjects ( in reason ) deprive them of their defence allowed them by the law of nature ? yea were they not guilty of selfe-murther in suffering such a thing ? for instance , some of our historians relate of king iohn , that he was transported with so deep a hatred against his nobles and commons , that he sent an ambassadour to miramumalin , entituled the great king of africa , morocco , and spaine , wherein he offered to render unto him his kingdome , and to hold the same from him by tribute as his soveraigne lord , to forgoe the christian faith ( which he held vaine ) and receive that of mahomet ; like enough some court-chaplaine ( may be the clerk that went on the errand ) might warrantize the kings conscience , and tell him , that it was the more shame for them who profest the christian religion , to compell him to it . but whether the king did lawfully or not , is not our question , but whether the subjects might lawfully have resisted that attempt of his , and have stood for their religion , lives , and liberty . thirdly , is it not quite contrary to reason , that whereas kings and rulers nothing differing by nature from their meanest subjects , were at first constituted , and are still continued for the protection , welfare , benefit , yea and service of the people ; and who therefore should value their prerogatives , scepters , and lives no further then they may advance the publike good , yet if they degenerate , and will be destroyers , the people should suffer all to be spoyled , as if kingdoms and people had been created by god for the will , pleasure , profit , yea and lusts of princes . as if a pilot purposely appointed for the safe wafting over of passengers , who instead thereof will dash the ship against the rocks : or a generall purposely chosen ( and to whom the souldiers have therefore sworne ) for the safety of the whole army , should yet turne the cannon mouth upon his own souldiers , or deliver them all up into the hands of the enemy : the passengers and souldiers , yea the officers in the ship , and councell of warre in the army , should be morally disabled from doing any thing to prevent their own apparant destruction . by this reason the bishop of burgeu in the councell of basil proved the councell to be above the pope , and a kingdom above the king , and said they were but flatterers who taught otherwise . and fourthly , doth not right reason as much abhorre this , that whereas princes are the publike fathers , and the people owe them the duty of children , that these children should be prohibited from keeping their publike fathers from the greatest evils : if our naturall father through ignorance or distemper should go into a pest-house , his children might by force fetch him out ; or if in a raging passion go about to kill himself , wife , children , or any others , their children may disarme them , yea we are tied not to suffer friend or foe to incurre the guilt of rapine or blood , if it lie in our power to hinder it ; and ( speak to my reason ) what evill have princes deserved , that if they go about to murder themselves , subjects , and children , not any of their people , no not the whole body politick should have power to restrain them . and if reason will allow this liberty of resistance to private persons ( as even barclay and grotius the two great propugners of the sacred and inviolable power of kings , grant ) how much more cleare , honourable , and safe must such a defence needs be , when done by the representative body of a state , who are gods ordinance as well as kings , the ministers of god sent by him to be a terrour to evill , and a praise to them that do well . and in england are the highest court of judicature , and in whom his majesty confesses there is legally placed sufficient power to prevent tyranny . upon such reasons as these , not only heathens have resisted their princes , when bent to subvert their laws and liberties ; but even most of the states of christendome , papists and protestants when they have been put to it , have borne defensive armes against the unlawfull violences of their misled princes . but now if notwithstanding all this faire shew of reason gods word hath determined the contrary , we must lay our hands upon our mouths and shall no longer deserve to be accounted the servants and subjects of christ , then while we turne our reason ( how specious soever ) out of doores , when once it offers to oppose the least iota of his revealed will . but where is this scripture to be found ? certainly the good subjects in the old testament knew it not . sauls subjects who swore that saul should not kill ionathan , nor pluck an haire from his head , though saul had sworne by god he should die , knew no such scripture and i believe that if the same men had been about him when he protested the priests of the lord should die , they would not only have with-held their own , but doegs hands from doing execution . david knew no such scripture ; nor the men with him , that would have fortified keilah against saul . nor those many choice men of the severall tribes of israel , among whom were some of sauls brethren and kindred and chief officers , that fell to david ( though saul had proclaimed him traitor ) from day to day to help him , till it was a great host like the host of god : and all this while david was ( though an innocent yet ) but a private man . and i think if elias had took himselfe bound in conscience to render himselfe prisoner to the captains which ahaziah sent for him , he would not have killed them with fire from heaven : neither would elisha have taken such a rough course with the messengers sent to take his head . nor would the eighty valiant priests have thrust vzziah by force out of the temple , who was a king still , though a leper . neither can these examples be eluded with saying these were extraordinary persons ; for first they were not all so , not the people that resisted saul , nor the people that fell to david , nor the eighty priests , unlesse in the extraordinarinesse and valiancy of their spirits : and for the extraordinary persons themselves , i know nothing why their examples may not be pleaded , for our defensive armes , as well as davids eating the shewbread was pleaded by our saviour , for his disciples rubbing the ears of corn , unlesse they can first shew , that their practice was against a known law , i mean , unlesse there were some known law that innocents might not defend themselves , and one another against the unjust violence of their princes . indeed we often read in the old testament of fearing the king , honouring the king , obeying the king , which their practice shewes they understood to bind them to yeeld honour , loyalty , obedience , and subjection to their magistrates according to law ; but not that they were bound to let them doe what mischeife they pleased . neither is there any more in the new testament ; there indeed are full and frequent exhortations to submit our selves to magistrates , to be subject to the higher powers which are ordained of god , and not to resist the ordinance of god ; but not one word that we may not resist the tyrannie of men , no colour for it , unlesse any will say that tyrannie is gods ordinance , that tyrants beare the sword for the punishment of evill doers , are the ministers of god , &c. full proof there is that we must be under the authoritie of rulers , that is , under their legall commands ; not one word of being at the dispose of their illegall wills : the word used there is {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , derived ab {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , licet , to shew as one observes , that the text bindes subjects to obey superiours not ablibitum , but ablicitum , not to obey their lawlesse lusts and wills , but their lawfull authority , without resisting . and surely it were strange , that if god had laid this yoke of subjection to the illegall will of rulers , that neither the jewes under their kings , nor under antiochus , nor the churches of christ , nor the primitive churches after once their religion and liberties were established by laws , nor any of the reformed churches have took themselves , concluded under it : which of all the reformed churches have not by their practice manifested , that religion bindes them not to give their throats to be cut , or their liberties and states to be spoiled at the meer will of their princes and their instruments , contrary to their own laws and edicts ? were not the lutheran churches put to it , and defended themselves against the emperour charles the fifth , when the smalchaldian confederacie was entring ? did not both the divines and lawyers being consulted with , agree , that the inferiour magistrates might at some time resist the superiour ? have not the states and churches of the netherlands done the like constantly against the king of spain ? the protestants in france against their kings ? how often and how lately have our brethren in scotland done the same ? and although since the reformation england was never put to it , untill these unhappy differences , yet how constantly have our most learned divines , bishops as well as others , defended by their pens , and our princes and states by their ayds of men and money , their distressed and oppressed brethren and neighbours in the like case ; and now in our own sight both the king and states have acquitted the scots , as having done nothing in their late defence , but what became good subjects . and what the judgement of this nation was in the time of popery is plain enough by their practice , in their usuall taking of armes , and not leaving till they had compelled their princes to ratifie their priviledges and charters , which through ill counsellors they had infringed and observeable it is , that because the bishops and clergie of those times saw the princes go about to take down their pride , they were ever the most forward to justifie the proceeding of the state ; and i suspect , in case the tables were turned , and we had a king endeavouring to take downe the bishops , to take away pluralities , non-residents , &c. and a parliament seeking to maintain them , the world would hear another divinity from many of them , who now crie out , that all our defence is damnable . but lest i might be thought not to have weighed the scripture and reasons of both sides equally , i will give you a further account what my thoughts were and are concerning the scriptures usually pleaded against this resistance , and the reasons deduced from them . the strongest hold they pretend to , is built upon romans . . &c. peter . , . where we are enjoyned subjection to the higher powers , especially to the king as supreme , and all know that nero the then supreme governour , was no better then a tyrant . answ. first , it is observable that this objection and almost all the rest taken out of the scripture make the case of all subjects in all kingdoms to be alike ; that although ( as i touched before ) there are hardly two kingdoms in the world but do differ in laws customs and constitutions bounding the kings authority and the subjects obedience , yet if any of these would change the the bounds of his authority ( for instance , if the king of denmarke , or sweden or polonia would invade the liberty of his subjects , and make himselfe as absolute , ( not onely as the king of england , but ) as the king of france , or spaine , or the great turk ) this argument tyes all their subjects from resisting ; let any man shew an outgate for the subjects of the one , which will not let out others , and for my part i will yeeld the cause : if they say these kings tooke their crowns upon those termes , and the subjects indented to have libertie of resistance in such cases , then they grant that where the laws of the kingdom allow a liberty of resistance , resistance may be used notwithstanding these texts , which is as much as we plead for : if any people have covenanted in no case to resist let them seek another answer , in the mean time these texts tie not those from resisting ( by their own answer who have not tyed themselves . secondly , i appeal to their own judgements , whether these texts forbid all forcible resistance ; suppose a prince in his rage should go about to kill himselfe , or runne some innocent man thorow with his sword , might no man take the sword out of his hand ? and if it be lawfull for a private man to dis-arme him of the weapons wherewith he would kill one , may not the state take such weapons out of his or the hands of his instruments , wherewith they goe about to destroy all . thirdly , both texts lay the same charge for subjection to inferiour magistrates , who likewise have their authoritie from god , though under the superiour : as our saviour said to pilate , who was but a deputy , thou couldst have no {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , no power at all against me , if it were not given thee from above . and may no resistance be made against the unjust violence of inferiour officers ; if there may , it is sufficient ; sure i am , the texts have not one word to allow the one and prohibite the other . fourthly , what one syllable in either of these texts so much as looks towards the forbidding of a people to resist tyrannie , but onely that we resist not the magistrates in the rightfull exercise of their authority given them by god : the texts speak not of their persons , but of their power ; not of their dictates , but of their legall commands ; no more of kings than of an higher power in an aristocracie or democracie , binding all persons to subject themselves to that power and authoritie which in the severall places where they live is the highest or supreme power . object . but nero was a tyrant . answ. not in his five first years , nor secondly , was he a tyrant in all things ; he had authoritie to rule according to law , that was not his tyrannie ; his tyrannie was , what he usurped contrary to the law : nor thirdly , were all his under-officers tyrants , many of them could say with festus , acts . it is not the manner of the romanes to deliver any man to die , before that he which is accused have the accusers face to face , and have leave to answer for himselfe ; and would accordingly dismisse them , if they had done nothing worthy of death , or of bonds . object . . but doth not the thirteenth chapter of the romans plainely binde mens hands from resisting the supreme power . answ. by the supreme power must be meant , that power , which by the originall and fundamentall constitution of any people and nation , hath authoritie to make lawes which shall binde the whole nation , to dispose of the estates and lives of any person or persons for the good of the nation to judge every person and persons in the nation determinatively and conclusively , so as from that judgement there is no appealing , that power it self being subject to the judgement and authoritie of none but god : and aristotle makes three distinct branches of this power . . the power of making and repealing lawes , a legislative power . . the power of making warre and peace , of imposing customes and tributes . . the power of judging causes and crimes ultimately and decisively : where these three meet , and make their residence , whether in one person , as in absolute monarchs ; or in many , as in mixed monarchies or aristocracies ; or in the body of the people , as in the ancient roman government , there is the highest power which every soule is forbidden to resist : but now what ever be the higher power in england , most certain it is , that the kings absolute or illegall will , is not the highest power , that hath neither power to make laws , nor repeale laws ; that hath not power to acquit or condemne ; nor may men appeal from the kings lawfull judgement seate to the kings absolute will ; but his legall will in the highest court , or the king and parliament may make lawes or repeal lawes , may engage the whole nation in a warre , and command both the bodies and purses of men unto the service , is the highest court of iudicature , to which all may appeal , and from which none may appeal , and consequently against which there is no resistance . so that if men would read this text of the thirteenth to the romans , in plaine english , it amounts directly to thus much , let everie soul in england be subject to king and parliament , for they are the higher powers ordained unto you of god , whosoever therefore resisteth king and parliament , resisteth the ordinance of god , and they that resist shall receive to themselves damnation . i would desire no other text but this to confound the great chaplains and champions of the antiparliamentary cause , or to strike terrour into their loynes , if their long conversing with god-dammee's , hath not drawn such a kawl over their hearts , that to them damnation is ridiculous . object . . but doth not saint peter say expresly , the king is supreme , pet. . . answ . . it may as well be translated superiour , as supreme , the same word in the of the romans is translated superiour , higher , not highest . . it is plain , the apostle is not there constituting governments , but giving direction to people to obey the government they lived under ; and the text hath as much strength to enforce subjection to aristocracie , as to monarchy : if the people of pontus , asia , cappadocia , bithynia , were under an absolute monarchy , as sometimes they were , being petty kingdoms crumbled out of the great monarchy of alexander ; and it may be did retain yet the same forme of government , if not of their own , yet as lately received from the romans ; all that can be enforced from thence is , that the apostle names the kings of those particular countries to be such as they were , and commands subjection to them , but no wayes tyes other kingdoms to be like unto them . object . . but we in england by our oaths , do acknowledge the king to be supreme . answ . . we willingly grant him to be supreme , to judge all persons in all causes according to his laws , and the established orders of the kingdom ; but not at or by his absolute will or pleasure . . whoever considers the title , scope , and words , both of the oath and the act of parliament that enjoynes it , will easily see that both the act and oath were intended in opposition to that supremacie which the pope sometimes challenged and usurped in this kingdom of england , and no more : and this to be the true intent and meaning of it , appears more fully by that explication or limitation of the oath , made the next parliament , . eliz. wherein it is declared , that that oath made , . eliz. shall be taken and expounded in such form , as it is set forth in an admonition added to the queens injunctions published , anno . of her raign , viz. to confesse or acknowledge in her , her heirs and successors , no other authority then that which was challenged and lately used by king henry the eighth , and edward the sixth . and by this time you may see how little offensive these two ( so much boasted ) texts are to our defensive arms . other places of scriptures the adversaries seem not much to confide in , therefore i will passe them over the more briefly ; yet let us a little consider of them , matth. . . they that take the sword shall perish with the sword . where christ seems to rebuke peter for using defensive arms against the officers that came with a pretext of authority to apprehend christ . answ . . this is not a reproof of the sword taken for just defence , but of the sword taken for unjust oppression , and a comfort to those that ●…re oppressed by it ; for origen , theophylact , titus , euthimius , interp●●● the meaning to be , that christ doth not rebuke peter for using defensive arms , but to let peter know that he need not snatch gods work out of his hand ; for god would in due time punish those with the sword , that came thus with the sword against him ; and that these words are a prophesie of the punishment which the roman sword should enact of the bloudy jewish nation ; according with the like expression , revel. . . he that kills with the sword , must be killed with the sword , here is the patience , and faith of the saints , that is , this may comfort the saints in their persecutions , that god will take vengeance for them . but secondly , suppose it was a reproof of peters using the sword ; then the plain meaning is to condemn peters rashnesse , who drew his sword , and never staid to know his masters minde , whether he should strike or not ; and so reproves those who rashly , unlawfully , or doubtingly use the sword : adde this , that now was the hour come of christs suffering , and not of his apostles fighting , wherein christ would not be rescued , no , not by twelve legions of angels , much lesse then by the sword of man ; therefore he saith to peter , put up thy sword , &c. but intended not that it should alwayes be unlawfull for his people to use the sword in their just defence , against unjust violence ; for then he would never have commanded them , but a little before , that he that hath two coats , let him sell one and buy a sword . eccles. . . &c. i counsell thee to keep the kings commandment , &c. he doth whatever he pleaseth , &c. where the word of a king is , there is power , and who may say to him what dost thou ? answ . . no man can understand it literally in all things , as if every commandment of the king must be kept , as if no actions of the king might be scanned , nor reproved by any man , as the canonists say of the pope , that if he lead thousands to hell , none may say , why dost thou so ? surely , if saul command to murder the lords priests , that commandment need not be kept ? if david lie with his neighbors wife , nathan may say , why dost thou so ? if ahab murder naboth , and swallow his inheritance , worship baal , persecute and kill the prophets of the lord , elijah may reprove him ; notwithstanding this text , who can say unto him what dost thou . secondly , the text plainly enough interprets it self , keep the kings commandment , according to the oath of god , stand not in an evill thing against him , he hath power to do what ever he will . siscelus patraveris effugere non poteris , if you commit evill , you cannot escape punishment , where the word of a king is , there is power . viz. to punish them that do evill , and none to call him to account for doing it , and who can say unto him , what dost thou . another text is , prov. . . by me kings raign , &c. whence they plead , that because kings and princes receive their authority only from god , and the people at the utmost only designe the person , but give him none of his power ; therefore they may in no case , take away his power from him . answ . . it saith no more of kings , then of nobles , senators , and all other judges of the earth ; for it follows , by me princes rule , and nobles , even all the judges of the earth . secondly , although no such thing is in the text , that the people give no power to the magistrate , yet we will suppose it to be true , what then will follow more then this , that although they may not take from the magistrate that power which god hath given him ; yet they may defend themselves against such unjust violences , as god never gave the magistrate power to commit . a woman hath power to designe the person of her husband to her self , but the authority of a husband is from god ; now though the wife may not take away the husbands just authority , she may defend her self against oppression and injury . some alleadge gods judgement upon the two hundred and fifty princes , numb. . answ. they were rebells against their lawfull governours , ruling exactly , according to the expresse will of god , and may all those perish with them who will plead for such as they are . others alleadge , sam. . . where the people are let to understand how they shall be oppressed by their kings ; yet for all that , have no just cause of resistance ; for they shall have no other remedy left them , but preces & lachrimae , crying to the lord , vers . . answ. but saith the text so ? let us read the words a little , and you shall cry out in that day , because of the king , which you have chosen , and the lord shall not hear in that day . is this to say , they have no just cause of resistance , nor no remedy left , but complaining ; indeed , if the holy ghost had said , you shall not resist , nor fight for your liberties , &c. there had been some shew of reason for such a deduction , as some would extort from them ; but yet , even then , why might not the words have been a prediction of the curse of god upon the people , giving them up to such a base degenerate ignoble spirit , that they shall have no heart to stand up in the defence of their liberties and lives , rather then a prohibition of such resistance . the lord foretells the people , ezek. . . of calamitous times , in which he tells them , vers . , that they should not mourn or weep ; will any man interpret this , as if god made it unlawfull for them to mourn , or to weep , or was it not rather a prediction of their stupidity of spirit , when they should pine away under these calamities , so jere. . god said they should put their necks under the yoke of the kings of babylon ; will any man thence gather , that other people are bound to put their necks under the yoke of a forraign enemy invading them . in one word , the plain meaning is , that this people should dearly rue it for casting off the form of government which god had chosen for them ; and when they should mourn under their own choice , god would not take the yoke from off their necks ; and so it is a threatning of a judgement , not an imposition of a dutie . but david durst not lift up his hand against the lords anointed , though he did tyrannically persecute him ; yea , though it were sometimes in his power to have killed him . answ. no man pleads that any david should kill the lords anointed ; yet he may defend himself against his unjust violence , as david here did . object . but if they may not kill him , who can be secured , that in a battle ( as at keynton field ) his bullet may not hit the lords anointed . answ. is this their fault , who have so often petitioned his majesty to withdraw himself from such dangerous wayes , as both the parliament and his excellencie hath done ; if their petitions would have been received , or rather theirs ? who ( the worse subjects they , and the more accursed they ) have led him into these unnaturall warres , and do in a manner inforce his presence in them ; did they bear that affection to his majestie as they pretend , they would with davids men , swear , thou shalt no more go out with us to battle , least thou quench the light of israel , sam. . . we have heard much of the cavaliers swearing , but i never yet heard that one of them had the honesty to swear this ; nay they are wronged in reports , if some of them have not sworn the contrary . object . but david would not fight against him . answ. indeed he never did fight against him , because his numbers never were considerable till towards the last , but he would have fortified the city of keilah against him , and it had been a strange madnesse to have had men with him , if his conscience would have suffered him to have done nothing but flee , sure one might more easily be hid then . but there is a plain text assuring us that david and his men would have done more then run up and down , if occasion had served , chron. . . and so forward . when divers of the children of judah and benjamin came to joyn with him , david went out to meet them , and said , if ye be come to help me , &c. but if ye come to betray me to my enemies , i being innocent , the god of our fathers look upon it , and rebuke it . now mark their answer , the spirit came upon amasa the chief captain , and he said , thine are we david , and of thy side , peace be to thee , and peace to thy helpers , then david received them , and made them captains of the band : can any man imagine their meaning was to run up and down the countries with him , if they were able to cope with any number that saul should bring , or send against them , especially adding this to it , that they fell to him from the severall tribes day by day , till his host was like an host of god . now by these mens arguiment , if davids host had been fourty thousand , and saul come against him but with five or six hundred they must all have fled from him , and not have put it to a battell . credat judaeus appella , non ego . object . but the fathers of the primitive times knew no defence but preces & lachrymae in all their unjust sufferings . answ . . it follows not , because they knew it not , therefore we cannot know it : there might be speciall reasons of gods dispensations towards them . . their liberties and religion were not established by law , and this was the cause saith abbot bishop of salisbury why the christians in the primitive times before their religion was established by law , caedebantur non caedebant , would rather be killed then kill : but after the times of constantine , when religion was established , they shook off the yoke of persecution from the church , & caedebant non caedebantur , they did kill rather then be killed . . where did any of the fathers ever oppose this opinion , and condemn this practise , that is , declaring it unlawfull especially for a representative body to defend themselves against the unjust violence of their misled princes : i beleeve if any such testimonies were to be found , the parliament should have heard of them before this time . . we want not examples of such defence in the primitive times , when once religion was establisht by edict of the romane empire , and licinius the emperour of the east ( legum violator maximus , contrary to law and his covenant ) would persecute the christians , they defended themselves by arms , and constantine the great joyned with them ; and as eusebius saith , held it his dutie , infinitum hominum genus , paucis nefariis hominibus , tanquam quibusdam corruptelis è medio sublatis , in columes servare . to deliver an infinite multitude of men , by cutting off a few wicked ones , as the pests and plagues of the time . the christians living under the persian king , and wronged by him , sought for help from the romane emperour theodosius , and were assisted by him , and when the king of persia complained that theodosius should meddle in a●fairs of his kingdom , theodosius answered , that he did not onely protect them because they were suppliants , but was ready to defend them , and no way to see them suffer for religion , it being the same with their own . it seems they thought it as lawfull to help an innocent people against the oppressions of their own prince , as for one neighbour to succour another against theeves and robbers . the macedonians obtained of the emperour constantius , four thousand armed men to help them drive out the novatians from paphlagonia , the orthodox assisted the novatians against the unjust violence , and were armed falcibus , clavis , & securibus , with sithes , clubs and hatchets , and cut off almost all the souldiers , and many of the paphlagonians . at constantinople the orthodox defended paulus his election against macedonius and his abettors , though assisted with the militarie forces , and the historian blames them onely for killing the commander hermogenes . justina valentinianus mother , infected with arianisme , commanded to banish ambrose , but the people resisted , and for a while defeated the plot of them who would have sent ambrose into banishment . the inhabitants of armenia the greater professing the christian faith , were abused by the persians ( among whom they lived ) especially for their religion , they entred into a league with the romanes for their safetie . you see here are some examples where the ancient christians used defensive arms , and i doubt not but such as are well read in the stories of those times might produce many more . but there is one doctour who goes about to prove by reason , that oppressed subjects should not defend themselves against their princes , though bent to subvert religion , laws , and liberties , because ( forsooth ) such resistance tends to the dissolution of order and government , that is , to disable princes from subverting religion , law , and liberty ( which is the very dissolution of all order and government ) tends to the dissolution of all order and government ; as if hindring a man from pulling down his house , were the pulling down the house : as if the hindring the pilot from dashing the ship against the rock , tended to dash the ship against the rock ; if any man else see any colour of reason in this reason , i desire them to make it appear , for for my part i can see none . and indeed the case is so cleer , that most of them who cry down defensive arms , though they use such scriptures and arguments to work upon the consciences of people , yet when they come to dispute it , will hardly endure to have the question rightly stated , ( as being unwilling to dash against the rock of most learned divines , whether protestants or papists , and i think of almost all politicians ) but fall to discusse matters of fact , charging the parliament with invading the kings just prerogative , usurping an exorbitant power and authority , &c. yea his majestie in all his declarations insists onely upon this , never suggesting that in conscience they are prohibited to defend themselves , in case he should violently invade their liberties , yea , expresly grants that there is power sufficient legally placed in the parliament to prevent tyrannie . and therefore now i leave the case of divinitie , and shall more briefly give you an account what satisfied me in the second , i mean matter of fact , that his majestie being seduced by wicked councell did leavie war against the parliament : my great evidence was , the parliament judged so ; the judgement of a parliament of england was never questioned till now by a people of england : all patents , charters , commissions , grants , proclamations , and writs of the kings of england , receive their judgement , and are often repealed and made null by a parliament : all controversies betwixt the king and subject receive their finall determination in the parliament ; the judgements of all other courts are ratified or nullified by a parliament . i have heard some wise men say , that a parliament in england ( like pauls spirituall man ) judgeth all , and it self is judged of none , and therefore if i should give you no other account of my entring upon my office in the armie ( which was not to fight , nor meddle in the councell of war , but onely to teach them how to behave themselves according to the word , that god might be with them ) should i ( i say ) give no other account but the determination of that wise assembly , i should be acquitted by indifferent men . but although i had learned that no dishonourable thing should be imagined of that honourable assembly , yet i held it my dutie not to yeeld blinde obedience , or go by an implicite faith , but search whether the things were so , and the rather because both sides have appealed to heaven to that god , who no doubt in due time will clear the righteous cause : and upon my search these things were quickly apparent . it was very cleare that the persons too much prevailing with his majesty had long before this parliament a designe for overthrowing our lawes , enslaving our liberties , and altering our religion , and it had so far prevailed that we were tantùm non swallowed up , and when through the good providence of god , this parliament was called , and many hopes conceived that now his majesty seeing the mischiefe of adhering to such ill counsellors , would for the time to come be wholly guided by the great councell of his kingdome , alas it soone appeared that the same kinde of counsellors were still most prevayling , insomuch that ( soone after the pacification with scotland ) the northerne army should have beene brought up to london , as appeares by the very oaths of some who should have acted it , a thing then thought so pernicious , that not onely the chiefe actors fled beyond the seas , but many reall courtiers earnestly solicited their friends in both houses , that this our in excusable error might be passed over , and now to begin upon a new score . but that which made me the more suspect their prevailing with his majesty was , that the horrid rebellion broken out in ireland , the rebels pretending his majesties and the queens commission for their warrant , it was at least three moneths after , before they were proclaimed traytors , and when it was done no copies of the proclamations to be got for love or money ; whereas when the scots were proclaimed rebels and traytors , it must speedily be published in all the churches of england . i must acknowledge this made me to think that the parliament had just cause to be jealous of great danger . but when his majesty returned from scotland , discharged the guard which the parliament had set for their owne safety , & an other denied except under the charge of the queenes chamber-lain , and his majesty himselfe entertained divers captaines as a supernumerary guard at whitehall , went to the house of commons after that manner to demand the five members to be delivered unto him ; the earle of newcastle ( now generall of the armie of papists in the north ) sent to hull , attempting to seize it and the magazine there , his majesty according to the lord digbies letters retiring from the parliament to a place of strength , and the queene going beyond sea to rayse a party there ; i must have shut my eyes if i had not seene danger , and thousands of thousands would have thought he parliament altogether sencelesse if they had not importuned his majesty ( as they did ) to settle the militia , all former settlings of it by commissions of lievtenancy being confessedly voyd : his majesty refusing this in that manner as they thought necessary for security , they voted the putting of it into the hands of persons whom they thought the state might confide in ( though alas many of them since have discovered to us how vaine is our hope in man , ) and secured the town of hull and the magazine there : soone after this his majesty in the north seised new-castle and under the name of a guard begun to raise an army ; all this was done before the parliament voted that his majesty seduced by wicked councell , &c. and when his majesties army was more encreased , hee then declared that hee was resolved by strength to recover hull and the magazine and to suppresse the militia : after this indeed the parliament began to make vigorous preparations by their propositions for plate , money , horse , &c. this being the true progresse and state of the busines , i saw cleerly all along , the kingdome and parliament were in danger , that it was therefore necessary to have the militia and navy in safe hands , which his majesty also acknowledged ; that he refused to settle it for a time in the way they conceived necessary , and that by the judgement of both houses when they were full , they had power by the fundamentall lawes of the kingdome to settle it especially for a time upon his majesties refusall ; that his majesty raysed force , and declared it was to suppresse the militia , and recover hull and the magazine is as cleare , and made pregnant preparations both at home and beyond the seas : and the civill lawyers say that pregnant preparations are the beginning of a war . the onely question remaining was , whether the parliament did justly in ordering the militia , and securing the magazine and navy , in a confessed time of danger upon such his majesties refusall . what the kings power and prerogative , and what the parliaments power was for securing the militia in time of danger according to the lawes of england was out of my profession , and in great part above my skill ; but certainly unlesse i was bound rather to believe the votes of the papists and other delinquents about his majesty , who hitherto had prevailed to bring upon us all the miseries that wee have laine under , then the votes and judgements of the highest court of judicature in england , ( which so far as i have heard was never by common law or statute law presumed to be guilty of , or charged with the overthrow of the kings prerogative , or the lawes and liberties of the subjects untill now , and who have given us so much evidence of their wisdome , watchfulnesse and faithfulnesse ) i was bound to be concluded under their testimony , and so consequently that his majesty was seduced , &c. and surely if men who serve upon justice betweene prince and people , party and party , in matters of life or state , may rest in the resolution of the learned iudges that this , or that is law when themselves know it not : well might i rest in the judgement and resolution of that court , which is the iudge of all the iudicatures in the land . and in case i were unsatisfied to whom should i appeale in whose judgement i might more safely rest , especially when i saw their vote agreeable to that which is the supreame law of all nations , namely , that publique safety is the highest and deepest law , and that it is requisite that every state have a power in time of danger to preserve it selfe from ruine ? and no law of england more known , then that the parliament is the highest court from whence there is no appeale . this satisfaction i had then , and since by the declarations and remonstrances of the parliament concerning these military matters , and by other bookes lately published , it is most apparent that they have not usurped upon his majesties prerogative , but what they have done is agreeable to the practise of former parliaments , in putting the militia , forts and navy into safe hands in these times of danger ; and that it was therefore lawfull for them , yea , necessary to take up these defensive armes , and consequently to call in for supply from all such who should share with them in the benefit of preservation , and to disable such from hurting them who were contrary minded : i spend no time to answer the objections that some make , that his majesty could not tarry at london with safety of his person , that the lords and commons that are with him , were driven away by popular tumults , and could not enjoy freedome of their votes , &c. because i thinke these things are now believed by none , but such as would believe no good of the parliament though one should rise from the dead againe . thus sir you have a just account of the grounds that first induced mee to owne this cause ; you desire to know whether i see not yet reason to repent of what i have done , i confesse i never undertooke any thing but i saw cause to repent of my miscariage through the corruption which cleaves to mee , and great cause i have to bewaile my many failings in this great worke , but for the worke it selfe , i as solemnely professe , i never saw cause to repent of my appearing in it ; the cause is a right cause , the cause of god , my call to it , a cleare call , and though the worke prove harder and longer then at first it was thought , yet the cause is farre clearer then at the first , the worke indeed is harder then i expected , for whoever could have believed he should have seen in england so many lords and commons even after their solemne protestation , to defend the priviledge of parliament , and their own vote ; that his majesty seduced by wicked councell intended war against the parliament , so shamefully to betray the trust committed to them ? so many of the protestant profession joyning with an army of papists ( under pretence of mantaining the protestant religion against a protestant parliament ) to fight themselves into popery ? so many unworthy gentlemen fight to destroy a parliament , and thereby fight themselves and posterity into slavery ? so many papists in armes contrary to so many knowne lawer , and armed with commission , to disarme protestants contrary to their knowne liberties , and the protestants who exceed their number an hundred fold not to rise as one man to subdue them ? and who would have believed that he should have seen after all this an army raysed by the parliament in such an extremity , for such an end , ( having hazzarded their lives , undergon all these hardships , performed all these services , and whose untimely disbanding may prove our irrecoverable ruine ) strai●…ed for want of pay while england is worth a groate . behold , regard , and wonder marvelously , i relate a thing which many will not believe though it be told unto them . hab. . . but though the worke be harder , the case is still clearer , both in regard of the intentions of the parliament and also of their adversaries . for the parliament , multitudes would not believe , but that they had further aimes then their own and the publique safety , that they intended it not to depose his majesty , yet by force of armes to compell him to that which is not fit for a king to yeild to ; but now by their frequent petitioning of his majesty especially by the reasonablenesse of their late propositions and instructions , wherein they desire a present disbanding of all armes , even before any other bills were past , and were willing to have the ports , forts and sh●●s , &c of the kingdome resigned up into his majesties hands , provided onely that in these times of danger they might , pro bac vice , be put into the hands of such as the state might confide in ; the sincerity of their intentions are now so plaine , that i think malignity it self cannot but be convinced of them . and the intentions of the contrary councells are as plaine , their mask now falling off , and their designe more then ever discovered to be the overthrow of parliament , liberty , lawes and religion . for at first we had declarations to preserve all the just priviledges of parliament , but now we see men proclaimed traytors for executing the commands of the two houses , and the two houses themselves , if not in direct , yet in equivalent tearmes proclaimed traytors , yea denyed to be a parliament , because his majesty withdrawes himselfe , and after multitudes of petitions refuses to returne , and because many of their members have deserted them , and are protected by his majesty from the houses who have sent for them . yea , they are required to recall their votes as illegall , and that such as they have fined and imprisoned may bring their habeas corpus to be tried in an inferiour court . yea , people provoked to scorne them , and thereupon multitudes not fearing to trample upon , and cast as vile scorne and contemptunjustly upon that thrice-honorable court , as ever was cast justly upon the commissaries courts . we have heretofore been assured that the knowne lawes of the land should be the onely rule of government : but ( to name no other instances ) now we see the commission of array to be justified to be law , which the parliament hath not only declared , but demonstrated , and the countries ( where ever it hath prevailed ) found , to be the utter destruction of all the lawes made for the subjects liberty . heretofore proclamations were put out that no papists should be entertained into his majesties army , because the resolution was to maintaine the protestant religion ; but now we see them armed , and armed with commission , and protestant doctors in their writings justifying it , and being armed dare professe their religion publiquely , set up their masse in the second city of the kingdome , cutting 〈◊〉 pieces , and burning bibles , and as multitudes of reports come from beyond the seas , ( and the supplies that come from thence confirme it ) all the papists in christendome contributing to this war as to the catholique cause . heretofore the liberty of the subject seemed to be stood for , yea defended against the parliament , ( as if it were possible the representative body should enslave it selfe ) and in the meane time while these things are promised , hundreds , yea thousands of his majesties subjects plundred with his majesties proclamations against plundering , in the hands of diverse of the plunderers . and their persons led away in ropes and chaines like turkish gallyslaves , and many cast into prisons and dungeons only for detending themselves against robbers and murderers abusing his majesties name : where their jaylours use them worse then the turkes doe their christian slaves , or one that hath any thing of man in him could use a dog . and when all these things are now done , the parliament not only sitting , but having so much strength in the field , what can we expect when these men have prevailed , when at the putting on of their harnesse their usuall language is nothing but blasphemy against god , ( not to be mentioned , ) and against his people calling all that adhere to his and the kingdoms cause , parliament dogs , and parliament rogues ? what language will you expect to heare if once they come triumphantly to put it off ? if while the event is uncertaine they cut us out such kinde of lawes , liberties , and parliament-priviledges as these are , if god for our sinnes sell us into their hands , thinke if you can , what lawes , liberties , and parliament-priviledges our posteritie shall finde recorded in our bloud ; for our selves alas , who shall live when god doth this , nay who would desire to live ? i would rather with holy austin make it my humble suite to that god whose are the issues of life and death , that he would rather take mee from the earth , then let mee live to see his deare church , and my native countrey delivered into the hands of such blasphemous , and barbarous men . so that in stead of repenting and withdrawing from the worke , i could wish that my voyce were able to reach into every corner of the kingdome , and that i could awaken all people to see the danger and misery that is flowing in upon them . that every soule might be quickened up to make his owne , and helpe to make englands , bleeding , dying englands peace with god , and every one who hath any interest in heaven to cry mightily unto that god in whose hand the hearts of kings are , and who rules in the kingdomes of men , that the power of our god might be great towards us , in turning away these imminent calamities , and turning the heart of our king towards his great and faithfull councell , and rescuing him out of the hands of this generation of men who delight in blood . our god hath nor yet sayd , pray not for this people , but if the lord say he hath no delight in us , righteous art thou o lord , and just are all thy judgements : onely let us not be accessary to our own destruction , and the destruction of so flourishing a kingdome ; let us not through our covetousnesse or cowardize , selfe-love or sloth , betray our lawes , liberties , lives , religion into the hands of men from whose hands , we befoole our selves if we expect more mercy , or lesse misery , then the poore christians of constantinople found with the turkes , when thankes to their owne niggardlinesse ( o let it never be so with england ) they fell into their hands . oh let us labour to prevent their swords thrusting into our bodies , and their swords into our soules , let our god doe with us what he will , let us doe what we should , and while we have any money in our purses , any blood in our veines , or any spirits in us , devote all to the maintenance of this rightfull cause , and if we perish , we perish . nor doe i feare to be for this condemned by any right discerning man as an incendiary to a civill war , i know the miseries of a civill war : warre is the severest of all gods judgements , and civill war the cruellest of all warres , where is the greatest hatred , the deepest treachery , the most unnaturall butcheries , where the father murders the sonne , the sonne the father , the brother embrues his hands in his brothers blood , and whoever gaines , all are loosers : quis suror o cives , quae tanta licentia belli ? oh the madnesse of our age and countrey , if england have such a lust to war can we find no forraigne enemies , but we must warre against ou● selves , and at this time too , cumque superba foret babylon spoliand● trophaeis . when the proud turrets of the whore of babylon are to be levelled with the earth : when germany , when jreland are to b● rescued out of her bloudy pawes ? can we finde no fitter obj●●● for the fury of the cannon , then our townes , houses , bodies ? bu● alas ! the generation with whom we have to deale had rather ● thousand times see the glory of england in the dust , then the pride o●rome : and though a civill war be miserable , yet no such misery as the peace which they would beteeme us , a sicilian vespers or a parisian massacre , from which good lord deliver us , save lord let the king heare us when we call . thus sir , you have my thoughts at large , you may either lay this letter by you , or communicate it for the satisfaction of others at your own pleasure , i blesse god i am gathering strength , and hope ere long by my returne to my lord and the army ( if god please not to smile upon us with a safe accomodation in the meane time ) to give a reall proofe that my judgement is the same that formerly it hath been , and i hope you believe my affection is the same still to you , and therefore without further trouble , i subscribe my selfe . your loving friend , stephen marshall . fjnjs . notes, typically marginal, from the original text notes for div a e- luther tom . . 〈◊〉 pag. . iudg. . acts and monum● vol. . p barcl . lib contra ●…narchom . grotius iure bel●… l. . c. . ●… answer 〈◊〉 the p●●position ●chron . 〈…〉 to . ●● chry●… matthias po●●… lib. . sect . sleid. hist l●b. . abbot 〈◊〉 laliso . d●mon stra●… antichr●… . . bils●… differ . between christia●… bed●…s letter to wadsworth rom. . . ● pet. . . object● answ. 〈…〉 〈…〉 ob. . answ. ob. . answ. object . matth. . . answ. object . eccle. . ● &c. answ. mercer . ad locum object . prov. . . answ. num. object . sam. . . answ. ●bject . ob ans. 〈◊〉 go●●●●… a●●●●… 〈◊〉 demon stra●●● antichr . c. . euseb. . c. . niceph. niceph. . socrates . c. . socrates l. . c. . zo●omen . . . evagri . l. . c. . object . englands proper and onely way to an establishment in honour, freedome, peace and happinesse. or, the normane yoke once more uncased, and the necessity, justice, and present seasonablenesse of breaking it in pieces demonstrated, in eight most plain and true propositions with their proofs. / by the author of anti-normanisme, and of the plain english to the neglectors of it. hare, john, th cent. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing h thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) englands proper and onely way to an establishment in honour, freedome, peace and happinesse. or, the normane yoke once more uncased, and the necessity, justice, and present seasonablenesse of breaking it in pieces demonstrated, in eight most plain and true propositions with their proofs. / by the author of anti-normanisme, and of the plain english to the neglectors of it. hare, john, th cent. [ ], , [ ] p. printed for r.l., london : anno dom. . "to the reader" signed: jo: hare. annotation on thomason copy: "jan: ."; the in imprint date crossed out and date altered to . reproduction of the original in the british library. eng great britain -- history -- norman period, - -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason e _ ). civilwar no englands proper and onely way to an establishment in honour, freedome, peace and happinesse.: or, the normane yoke once more uncased, and t hare, john c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - angela berkley sampled and proofread - angela berkley text and markup reviewed and edited - pfs batch review (qc) and xml conversion englands proper and onely way to an establishment in honour , freedome , peace and happinesse . or , the normane yoke once more uncased , and the necessity , justice , and present seasonablenesse of breaking it in pieces demonstrated , in eight most plain and true propositions with their proofs . by the authour of anti-normanisme , and of the plain english to the neglectors of it . deo , patriae , tibi . london , printed for r. l. anno dom. . to the reader . reader , thou hast here once more my endevour for to draw this our nation from under the right , title , effects , and badges of the normane ( pretended ) conquest over us , to which by the iniquity of precedent times , and the ignorant negligence of the present , wee remayn still subject ; conquest ( sayth doctor hudson ) in its best attire is the most eminent of curses , but sure it is a curse far more eminent to be so difficult to be perswaded to come out of that quality , especially while undeniable justice , power , and opportunity adde their invitations : if what is here made manifest shall meet with due and timely regard , and produce effects according , wee may happily recover that incomparable freedom , honour , peace and happinesse which we enjoyed under the glorious and our last right english king saint edward ; but if such cold consideration shall attend it as seems to have befallen what hath been before sent abroad upon the same errand , i shall esteem it great pity , and am much deceived , if either by our old or some new conquerours wee be not taught with more then words , what belongs to such as have not capacity to be either ingenuous subjects or dutifull slaves . vale . jo : hare . englands proper and only way to an establishment in honour , freedome , peace , and happinesse . proposition . that the right and title of a ( pretended ) conquest over the english nation , by forreigners called normanes , hath been heretofore set up and is still upheld in this kingdom , and that all englishmen by the mouthes of their parliaments and lawyers have submitted and doe still submit unto the same , and are governed in great part by normane innovations , being forreign laws and customes introduced by the said normanes in despight of the english people , for markes and monuments of the said conquest . proofe . that the right and title of such a conquest is still on foot , and stands for the basis of this kingdom , i suppose needs no proofe : that it is accordingly still submitted to , i have proved in my plain english , pag. , . a sufficient part of which probation is this , ( viz. ) that by the mouthes above said , we doe acknowledge ( how truly i shall shew in my fifth proposition ) that the duke of normandy absolutely purchased with his sword the crown of england and our allegiance ( for otherwise he could not be as we name him our conquerour . ) secondly , that accordingly we doe submit to his heires , placing him the said duke ( specificated with his said title of conquerour ▪ ) for the root and alpha of our rightfull kings ; so that it is plain that the said conquest doth enjoy both our acknowledgement and profest allegiance ; that the normane innovations are retained ( to the almost exiling of our own proper laws ) is every where both * legible and visible : that they were introduced in manner and for the purpose above said , and accordingly reseuted and reluctated against by the english people ( while they understood themselves and their proprieties ) may appeare by their many exclamations made against them unto the ( pretended ) conquerour , by the acts of the kentishmen , and by the londoners petition in king stephens time , which also occasioned those many regall oaths to be then and still taken ( though not yet performed ) for retracting these innovations and restoring the laws of king edward , so far are the said innovations from being any part of our legitimate laws ( though our wilde lawyers so repute them ) the proper birth or stamp whereof is to be of the peoples choosing , as the coronation oath testifies : and thus much for to shew that while we dispute the duty of subjects we professe the allegiance of captives , while wee spurne at english proclamations we submit to normane laws , and that notwithstanding all our great victories and triumphs , we doe still remain as much as ever , under the title and in the quality of a conquered nation ; unto which what reasons we have to induce us , i shall shew in my ensuing propositions . proposition . that the said title of conquest and normane innovations ( while they continue in force in this kingdom ) are destructive to the honour , freedome , and all other unquestioned rights of this nation , and much more to the present legality and future validity of this parliaments proceedings . proofe . a great part of the injuriousnesse of this title and innovations , toward our nation , i cannot better set forth then in the words of learned fortescue ( cited by mr. prin in his sovereigne power , part . . p. , . ) though himselfe a normane and arguing onely against unlimited prerogative in the crowne which is but part of what is inseparably wrapt up in title of conquest , who having declared it to be the undoubted right of englishmen to have this twofold priviledge ( viz. ) to be under laws of their owne choosing and princes which themselves admit , ( in which two consists a great part of their honour and the summe of their freedome as i have shewed in my plain english p. . ) addes , that of the benefit of this their right they should be utterly defrauded if they should be under a king that might spoil them of their goods , ( as our first pretended conquerour did , and as the heyres of his title by the law of all conquests still may , ) and yet should they be much more injured if they should afterwards be governed by forreign and strange laws and such peradventure as they deadly hated and abhorred ( of which sort i have before shewed these innovations , to be , ) and most of all , if by those lawes their substance should be diminished ( as it is by many of these innovations particularly that of drawing the generality of law suits to westminster ) for the safegard whereof as also of their honour and of their owne bodies they submitted themselves to his governement ; thus and more he ; to which i may add , that this injuriousnesse were yet much more aggravated , if our kings which were install'd by our admission and should thus patronize our honour , &c. should professe themselves to be of forreigne bloud , declare that they owe their right to the crowne unto none but their sword , and write on our foreheads that we are their conquered and captive vassalls ( as our princes while they retaine the said title , doe ; ) in summe , the title and effects of this ( pretended ) conquest are a yoke of captivity , unto which while we continue our fond and needlesse submission , we renounce honour , freedom and all absolute right to any thing but just shame and oppression , being thereby in the quality of profest captive bondslaves unto the heyres of the duke of normandy and wearing the open livery of that pofession ; and although we enjoy a mitigation of our slavery by charters , yet are those charters revokable at the kings pleasure ( as * k. richard the second well observed ) while the kingdom continues grounded on the conquest , which i have sufficiently proved ( in the preface to plaine english ) from the tenour of magna charta it selfe ( which declares the said charter to be an act of meere grace and favour and grounded upon respect not somuch of duty as of meritorious supererogating toward god , much lesse of duty ( though benefit ) to the nation , and from a * confession of parliament , and is also otherwise no lesse cleerly evincible , for that it is a maxime , that all subjects of a conquest , especially while they professe themselves such ( as we simply still doe ) are in the quality of tenants in villenage , subject and subservient in their persons and estates to the will ▪ honour , and benefit of their conquerour and his heires , according to that axiome in * caesar ( mentioned in my plain english , pag. . ) jus est belli ut hi qui vicissent his quo● vicissent quemadniodum vellent imperarent , that the conquered are by the laws of war under the arbitrary rule and government of their conquerours , and according to the practice in the turkish dominions , which are not more grounded on conquest then we yeild ours to be ; wch captive and slavish quality , how unseemly it is for englishmen to continue in , especially toward a normane colony , and that while they may with justice and facility come out of it , i have shewn in my anti-normanisme : and as touching the consequent * illegality of this parliaments proceedings ( untill they either repeale this title , or else renounce the quality of englishmen ) if it seeme not evident enough from the premises , it may be seen in my plain engl. evinced and proved against all objections whatsoever ; of which illegality , future invalidity is both the sister and daughter . proposition . that the same are also derog●●ry to the kings right to the crown , to his honour , and to his just interest in the peoples affections . proofe . for it is confest on all sides ( particularly by master marshall and master pri● the prolocutors of the parliamentarians , and by doctor hudson the grand royalist ) that the title of conquest is * unjust , as being gained by murderous rapine ; so that while we ground the kings title on a conquest , we make him a predonicall usurper , and defraud him of his just right founded on saint edwards legacie joyned with this nations admission , besides his heireship to the english bloud , as i have shown in my plain engl. page the last , and in anti-norman , pag. . and as for his honour and just interest in the peoples affections , they consist in his being pater patriae , as himselfe also also lately intimated ; but the title of the conquest holds him in the quality not onely of a forreigner , but also of the capitall enemy of his subjects , and so affords their mindes more provocation unto hatred and revenge , then unto affection or allegiance , as i have plainly shown in my preface to plain engl. and in anti-norm . pag. , . and may be discerned from those sutable fruits of it , which i shall hereafter specifie . neither doe the innovations ( the effects and badges of the ( pretended ) conquest ) want their share in the like effect , as being a just cause of the dis-relishment and contempt of our laws , ( so normanized both in matter and forme ) by understanding men , and ( no doubt ) the ground of that generall and inbred hatred which still dwels in our common people against both our laws and lawyers . proposition . that the same have been the root and cause of all the civill wars ( about temporall matters ) that ever were in this kingdom betwixt king and people , and are likewise for the time to come , destructive to all well grounded , firme and lasting unity , peace , and concord in this realm , and consequently to the strength of the same . proofe . the narrative is evident from history , the rest from reason ; for how can there be union in affection betwixt those that are profest strangers and enemies one to another as this title and innovations ( the ensignes of hostility ) render our kings & people , moreover the said title ( by reason of the unlimited prerogative inseparably appendant ) is apt to suggest seeds of tyranny to the crown ( as it hath continually dont ) & consequently of insurrections to the subject , to the disturbance of the publike peace , which is confirmed by the said many civill warres we have had in this kingdome since these abuses were set on foote , whereas before , we never had any ; and weaknesse must needs wait upon that body where there is such a disunion and antipathy betwixt the head and members . proposition . that the introduction of the said title and innovations was , and the retaining of them is contrary to the fundamentall constitution of this kingdom . proofe . for the normane duke was admitted as legatee of saint edward , and upon his oath to preserve our lawes and liberties , and not as a conquerour nor yet for an innovator , as the most authentique historians testifie , among whom honest aemilius veronensis an impartiall stranger writing of this matter , sayth expresly , non ipss homines sed causa defuncti victa extinct aque , that it was not the english nation , but the usurper harold that was overcome , and as ( in opposition to the innovations ) i shall make more clear in the confirmation of my next proposition ; insomuch that the violent introduction of the said abuses was , and the per●tinacious upholding of them is an usurpant ▪ perjurious and perfidious robbing us of the title and quality of a free nation . proposition . that the reteining of the same is contrary to the coronation oath of all our kings , and to the oaths and duties of parliament and people . proofe . for it is the first and chiefe part of the proper and solemne oath of all our kings at their coronation ( as it was the first normanes like oath , either at his coronation or ( at least ) * before his full admission and confirmation by the english state ) to preserve our laws and liberties established by saint edward , which are inconsistent with the said title and innovations ; neither can any man say , that because the oath binds also to the confirmation of other kings grants , therefore these innovations are included ; for grants imply a precedent asking , and how far these innovations were from ever being asked i have before shown ; and moreover the confirmation is especially limited to the laws of king edward , as being both the most desired and desirable . and for parliament and people , they are bound both by their naturall and officiall duties , and moreover by their late solemne covenant , unto the vindication of their nationall rights and liberties , of which tho said title and innovations are the greatest opposites , as i have before shown . proposition . that untill this title and innovations are abolished , there can be no honour , freedome or happinesse to this nation ; that the inception of that enterprize is the most hopefull means for curing the present divisions , and that there is no colourable objection against the performing it . proofe . for untill the cause be taken away the effect is not like to cease , i have before shown how destructive these abuses are to our honour , rights , and unity , while they remain , we are in the quality of captive slaves , and our kings in the semblance of forreign and usurping lords ; and as these evils were the cause of the first fracture and subsequent antipathy in this kingdom betwixt crown and subject , so there can be no solid closure betweene them untill they are repealed ; these being removed , the whole nation ( both king and people ) will be restored into the quality of one naturall body , which ( as * fortescue hath aptly observed out of aristotle ) hath a set forme of duty and affection constituted betwixt the head and members ; and as touching this works expediencie toward re-uniting divided englishmen , it is evident , for if the common honour and happinesse of the nation be the scope of their designes , they have no other high way to their end but this ; also it may be learnt from the common practice of distracted states , whose usuall remedy is the assaulting of a common enemy , of which sort are these abuses , being a forreigne usurpation that hath a more generall , hostile , and mischievous malignity against our nation , in it , then any other adversary we have at this day , save that it wants strength and formidablenesse , for that there is no man amongst us hath any colourable cause to defend it ; moreover , untill this be redrest , all else that is done is but as building of castles in the aire , that have no firme foundation , but may be blown down with the kings arbitrary breath , as i have before proved ; and if any object the troublesomnesse and difficulty of rooting out the innovations , i answer , that that particular may be consummated at leisure , that we have taken more pains about things of lower concernment , and that the restauration of our rights ought not to seeme unto us more laborious or difficult , then did to our enemies the introducing of the contrary . proposition . that all english men that are active in maintaining the said title and innovations , are the most flagitious traytors both to their king and countrey that ever were . proofe . it is apparent from the premises , it being also evident that in comparison of such , strafford in his worst appearance was a good patriot ; and as for the defaults of former times in this particular , they are not now pretendible for excuse , for that now heaven holds forth power and opportunity far more liberally then ever heretofore or perhaps then hereafter , for asserting of truth , and establishing righteousnesse in this kingdom . finis . imprimatur gilbert mabbot . notes, typically marginal, from the original text notes for div a e- * see daniels hist. p. . * see m. pryns s. p. sol . . b. * see m. pryns citation last mentioned . * in lib. . de bello gallico . * the example of the extorting of magna charta makes nothing to the contrary , for that was done ( as daniels history testifies ) by the nobility of those times , under the notion and quality of normans and coheires of the conquest , which quality ( i suppose ) our parliament will not ( if they could ) assume . * likewise by our own laws , obligations extorted by duresse ( as is fealty to a conquest ) are voydable . not any history or record sayth that he claimed the crown ( before hee had it ) as conqueror of england , much lesse that hee was acknowledged for such by the english or submitted to under that title ; therefore the assumption of that title afterward was usurpatory : see my anti-norm . p. , . * see m. pryns pryns citations of testimonies to this purpose , in his s. p. p. , . and my anti-norm ▪ p. . * see m. pryns citation of him in his s. p. p. . die sabbathi . novemb. . lords house. whereas upon the lords finding that there are many petitions depending in the house, ... england and wales. parliament. house of lords. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) die sabbathi . novemb. . lords house. whereas upon the lords finding that there are many petitions depending in the house, ... england and wales. parliament. house of lords. sheet ([ ] p.) by robert barker, printer to the kings most excellent majestie: and by the assignes of john bill, imprinted at london : . title from caption and opening words of text. reproduction of the original in the british library. eng england and wales. -- parliament. -- house of lords -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no die sabbathi . novemb. . lords house. whereas upon the lords finding that there are many petitions depending in the house, ... england and wales. parliament. a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion ❧ die sabbathi . novemb. . lords house . whereas upon the lords finding that there are many petitions depending in the house , and conceiving that many more may come in , which may occasion the repair and attendance of divers of his majesties subjects at this place : their lordships have thought fit , and accordingly have ordered it , that because there are many publike businesses of great importance in agitation , which concern the safety and weal of the kingdom , that all private businesses be deferred and put off till the first day of hillary terme next . whereof their lordships do hereby give publike notice to the whole kingdom , to prevent the charge and trouble which otherwise the petitioners might be put unto in repairing hither . ¶ imprinted at london by robert barker , printer to the kings most excellent majestie : and by the assignes of john bill . . a seasonable discourse shewing the necessity of maintaining the established religion, in opposition to popery lloyd, william, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing l estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a seasonable discourse shewing the necessity of maintaining the established religion, in opposition to popery lloyd, william, - . fell, john, - . [ ], p. printed for henry brome ..., london : . includes bibliographical references. ascribed to william lloyd by wing and mcalpin coll.; ascribed also to dr. fell. cf. halkett and laing. reproduction of original in huntington library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng catholic church -- england. catholic church -- controversial literature. church and state -- england. great britain -- politics and government -- - . - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - john latta sampled and proofread - john latta text and markup reviewed and edited - pfs batch review (qc) and xml conversion a seasonable discourse shewing the necessity of maintaining the established religion , in opposition to popery . london : printed for henry brome , at the gun in s. paul's church-yard . m dc lxxiii . . his majesty having found it necessary for the good of his affairs by his declaration to grant a freedom to all sorts of dissenters from the church of england to exercise their religions , and to suspend the execution of all penal laws against them , none can doubt but that the papists against whom the penal laws were most sharp , are and will be watchful to improve it to their advantage , so much the more industriously setting themselves to seduce protestants , since they may now securely own and defend their perswasions , and even their priests openly act in all parts their function , which was before no less than capital in any of his majesties subjects . if the industry we expect from them meet not with a proportionable zeal in all true protestants , it will not be hard to conjecture the success of a vigorous and industrious attaque , and a faint and negligent defence . and therefore i think it cannot be unseasonable to offer a few motives to the stirring up the zeal , and awakening the prudence of all such protestants as fear god , and love the king , the church , or themselves , as well as to arm them with some arguments for their own confirmation in the grounds of protestancy , in opposition to popery . . the first consideration shall be that of duty to almighty god , who has made us members of a christian church , in which we may assuredly find salvation if we continue in it , and live according to its rules and precepts . this christian church our h. mother has no other rule of faith and practice than the holy a scripture , of which , when less was written than we have now in our hands , st. paul b said then , they were able to make men wise unto salvation . it receives for canonical scripture neither less nor more than those books c of whose authority there was never any doubt in the church , giving herein as much deference to universal tradition as any church in the world : much more than the roman does , who obtrudes her particula dictates and most notorious innovations for the fundamentals of the catholick faith. it professes the same faith and no more than what all christians have made the badge and symbole of their profession , namely that which is briefly compriz'd in the d apostles creed , explain'd in those others which is called the nicene and athanasian , and proved by the holy scriptures taken in that sense which is evident in the text to any indifferent judgment , and approved by the consent of the e universal church , the decrees of the first general councils and writings of the fathers . we are members of a church where are used the same f sacraments which christ expresly left in his church , and no other . we worship the only g god , as we are taught to believe in him , and no other . our administration of this worship and of these sacraments is in a h language understood by all those that are concerned in them , being performed with such i rites as are agreeable to the word of god , being for decency and order ; and we use them not as necessary in themselves , but in obedience to that authority which god has given to every particular church over its own members . k our discipline likewise is ●ccording to the scripture rule , and primitive patterns , as far as the looseness of this age will bear ; and if this has weakned the discipline of our church , we believe it has the same effect even in those of the roman communion , and had no less in the church of corinth in the apostles times . and for the l persons who are employed in the ministry of gods worship and sacraments , and in the feeding and governing of the flock of christ , they are lawfully called to their office and ministry , and are consecrated and ordained according to the scriptures , and canons of the universal church : and we shew the succession of our bishops to the apostles of christ , as fully as it can be shewn in any other church at this day . lastly , we are members of a church , which above all other constitutions in the christian world enforces the great duties of m obedience and submission to the magistrate , and teaches to be subject not only for wrath , but conscience sake . in all these respects our church holds a communion with all true churches of christ that are or have been in the world , and is together with them a true member of that holy catholic apostolic church which was from the beginning , and will be to the end . as we pass not severe censures on other churches , though exceedingly erroneous , and are for that charity unworthily repaid by the most criminal , that of rome : so are we excommunicated by none that we know of , but her ; the pope herein dealing with us as he does with all other christians in the n world namely , with most of the european churches , and all in other parts , except those few whom he has gained of late by his missionaries . the common cause for which we suffer is nothing else but the defence of the o faith which was once delivered to the saints , and of that liberty wherewith christ has made us free ; against those additional articles which he would intrude into the one . and that anti-christian yoke which he would impose on the other . the difference between our case and that of our fellow christians who suffer with us is only this ; that they are shut out from heaven as far as the popes censures can do it , for they know not what , many of them , even millions in the remoter parts having never so much as heard of him , or his pretensions , whereas we know them too well by woful experience . it is not much more than an hundred years since that our ancestors were under his tyranny , which as their fathers had insensibly drawn upon themselves , by their deference to the see of rome , from whence the saxons had partly p their conversion ; so they having endured it as long as they were able , after many fruitless endeavours to make it tolerable , at last with one q consent threw the yoke off their necks . our church being thus freed from the usurpations of rome by them who were deeply r immersed in the errors and corruptions of it , the best use they could make of their liberty was this , to restore the primitive purity of the christian faith and worship , which ignorance and interest had fatally depraved . indeed , 't was morally impossible that they should pass untainted thorough so many ages of darkness , when the popes given up to profligate s vice seem'd to drive on no other design but for wealth and dominion , when scarce any in their communion understood the originals of scripture : when those that governed were so jealous of it , that they would not suffer any t translation , but the latine which was overgrown the mean while ( as they now confess ) with many thousands of corruptions . . having considered the obligation we have to the religion we profess , it may be seasonable next to reflect on the religion to which we are invited . one that recals us to the idolatrous practice of the heathen world , to u pray unto our fellow creatures canonized to saints and heroes , to worship images , and fall down to the stock of a tree : nay , what in the confession of x coster the jesuite , and some others , in case transubstantiation be not made out , a more stupid idolatry than the worst of heathens were ever guilty of ; the worshipping the consecrated host. now that transubstantiation is not real , we have all the evidence that we are capable of , the testimony of our reason and our senses . the absurd and monstrous consequences of that doctrine will fill volumes , a great part of which are with great truth and justice drawn together by d r. brevint in his late tract entituled , the depth and mystery of the roman mass. we are invited to a religion that takes from us contrary to the express words of our saviours institution y half of the sacrament of the eucharist . to a church that revives the heathen persecution of taking away our z bibles , and would involve every lay-man in the guilt of being a * traditor , the nex step in the account of the primitive church to apostacy from the christian faith. we are invited to a church , that as it takes away the scriptures and half the communion , robs likewise of the benefit of the publick prayers , putting the offices in an unknown † tongue ; insomuch that when about thirteen years ago some of the prelates of the church of france had taken care to translate the liturgy and scripture into the vulgar tongue , pope a alexander the seventh damns the attempt , and under pain of excommunication commands all persons to bring in their books to be publicly burnt . we are tempted to a religion , which contrary to the command of trying all things , and holding fast that which is good , and paying to god a reasonable service , enjoyns an b implicite faith and blind obedience : to a religion that instead of the guidance of the word of god , sets up an c infallible judge and arbitrator of all doctrines , the pope of rome : which instead of the faith once delivered to the saints adds d new articles of faith , which instead of that one propitiation made by christ , and the condition thereof faith and repentance , sets remission of sins upon terms , and proposes that gift of god to be bought with money in the vile market of e indulgences ; for instance f sacriledge is valued at seven grosses , incest five , simony seven , perjury six , murder five , and so on in the tax of the apostolic chancery . we are invited to a church where we must be schismatics that we may be catholics , and adhere to the g roman in opposition to all other ; that is to the catholic church . 't were endless by retail to reckon up the errors and the guilts to which we are invited ; the fond ridiculous rites , the superstitious , burthensom and heathenish ceremonies , the exorcisms and conjurations , the blasphemies and forged miracles , cheats and pious frauds , the lies and stories stupid and impossible as amadis de gaul , the knight of the sun , or the seven champions , witness the golden legend , the lives of the saints , of st. francis , bruno , st. dominic and infinite others , or if we have a mind to a romance of our own , the long tale of a tub which h fath. serenus cressy has lately put out borrowed from father alford ; the improbable , that is , the greater miracles , as he tells us , being omitted because of the unbelief of the heretics ; and yet enow are left to weary the credulity of the most sanguine catholic : wherein also , as he tells us , we may see the faith of our forefathers , and truly we have great reason to thank him for the prospect , which gives us strong inducements in so unjust a competition , to retein our own . notwithstanding all that has been said , there is a sort of pacific writers , who represent the doctrines of the church of rome under a fairer light , and would have us believe they have a better meaning than is usually suggested . and god forbid that we should take things by the worst handle , or make that breach wider , whose closure we should endeavour to make up with a zeal equal to that of the gallant i roman , who threw himself on behalf of his countrey into the gaping gulf. indeed no price can be too great for peace , but only truth ; the which we may not part with for all the tempting charms of charity and love : and god knows , in the present case 't is evident , that the excuses which are fram'd in the romanists behalf are short and frivolous ; nor besides can any man be esteem'd a roman catholic by admitting the doctrines of that church in his own private or some more probable doctors , but in the public sense . and had these undertakers in the catholic cause power to dispense therein according to that candor which many of them make shew of , we might attend to what is said ; but we are well assur'd , that all these fair words can signifie nothing but are merely a bait and snare laid to draw in the easie proselyte : for when he 's reconcil'd and brought into the bosom of the church , these painted shews are presently washt off ; and all concessions immediately retracted ; the convert must then learn the colliers creed , believe as the church believes , and st. peter's key which threw the gate open to admit into the church , will shut the prisoner in : and the child which had a piece of money given him to keep him quiet , shall soon after have it call'd for back again , and be aw'd with the rod , if he repine or murmur . so that , 't will be a frivolous project to talk of a reconcilement with the church of rome , till she first conform herself to truth ; and a conviction , and much more a reformation must here be impossible , where the grossest errors are join'd with an assurance of being free from any ; may , a persuasion of being infallible . . the motive which deserves the next place is the safety of the king's person , and the prerogative of the crown , which hath no higher or more necessary appendent than his supremacy in his dominions in all causes ecclesiastical and secular , according to the powers invested in the k jewish kings under the law , and exercised by the first l christian emperours . 't is obviously known how destructive both to itself and the community is the partnership of regal power ; but this must be infinitely mischievous when shared by a foreiner , whose interests are necessarily contrary to those of our prince and nation , as the popes certainly are . but this mischief stays not within the aforesaid bounds ; for the pope is not content with a bare co-ordination , but demands the preference for his spiritual sword , and claims a power to depose kings and dispose of kingdoms . this we learn at large from m bellarmin , suarez , turrecremata , card. perron , thom. aquin. ledesma , malderius , to pass by innumerable others , all whose works were publisht by authority , and so own'd as consonant to the doctrines of the church , to which may be added the pope's definition , who makes it authentic law in these words , we say and define and pronounce that it is absolutely necessary to salvation for every human creature to be subject to the bishop of rome , and this law of pope n boniface the eighth's making he effectually commented on himself , of whom o platina says , that he made it his business to give and take away kingdoms , to expel men and restore them at his pleasure . all which , that it might want no sanction or authority to render it the doctrine of the church , is justified in the third and fourth p lateran council , the council of lions , the council of constance , all which call themselves general , and therefore speak the doctrine of the church . what has been done in this kind since the days of gregory vii . throughout europe would fill a large volume , in the bare narration , whoever has a mind to see those black annals need not consult protestant writers , but read baronius or platina , and there he will satisfie himself . behold at large the last and greater triumphs of the capitol : crowns and scepters and the necks of emperors and kings trampled upon in great self-denial by christ's humble vicar , their realms and countries taken from them and involv'd in blood by the lieutenant of the prince of peace : subjects discharg'd from their allegiance in the right of him , who himself disown'd the being a divider and a judge ; and in a word , the whole world made his kingdom , who pretends his interest deriv'd from our lord jesus , who disclaim'd the having a kingdom of this world. so that it was not said amiss by passavantius , that the devil made tender of all the kingdoms of the world and the glory of them to our lord christ , but he refused them ; afterwards he made the same offer to his viear the pope , and he presently accepted ; with the condition annext of falling down and worshipping . the english reader who desires to be satisfied in matter of fact may please to consul the q history of popish treasons and vsurpations not long since written by mr. foulis , to pass by others who have also dealt in that subject . at present i shall only add that although our neighbouring princes have difficulty enough given them by this universal monarch , who like his predecessors in heathen rome , makes it a piece of his prerogative to have kings his vassals , yet they often help themselves by some advantages which our sovereign is not allowed . the most christian king has his capitularies , pragmatic sanctions , concordats , and the priviledges of the gallican church , to plead upon occasion . and his catholic majesty as the eldest son of the church has several rights of primogeniture , especially in the kingdom of sicily . but the crown of england is not to be treated with such respect : it alas ever since the days of henry the second or at least king john is held in fee of the pope , and we are in hazard to be call'd unto account for the arrear of marks per an. payable ever since that time : and cardinal r allen has given it for good canon law , that without the approbation of the see apostolic none can be lawful king or queen of england by reason of the antient accord made between alexander the third in the year . and henry the second then king , when he was absolv'd for the death of s. thomas of canterbury : that no man might lawfully take th●t crown , nor be accounted as king , till he were confirmed by the soveraign pastor of our souls which for the time should be ; this accord being afterwards renewed about the year by king. john , who confirmed the same by oath to pandulphus the popes legate at the special request and procurement of the lords and commons as a thing most necessary for the preservation of the realm from the unjust usurpation of tyrants , and avoiding other inconveniences which they had proved &c. but if this be but the single opinion of a probable doctor , we may have the same asserted by an infallible one , pope f innocent the iv , who before his colledge of cardinals , and therefore in likelihood è cathedra , declares , that the king of england was his vassal , nay , to speak truth , his slave . from hence it is that the succeeding popes have been so free on all occasions of turning out of doors these their tenants upon every displeasure and little pet . not to mention the old misadventures of richard the second , king john , &c. hence it was that t paul the third sent against king henry viii . in the year , his terrible thundring bull , as the author of the history of the council of trent calls it , such as never was used by his predecessors , nor imitated by his successors , in the punishments to the king were deprivation of his kingdom , and to his adherents of whatsoever they possest , commanding his subjects to deny him obedience , and strangers to have any commerce in that kingdom , and all to take arms against , and to persecute both himself and his followers , granting them their estates and goods for their prey , and their persons for their slaves . upon like terms u paul the fourth would not acknowledge queen elizabeth because the kingdom was a fee of the papacy , and it was audaciously done of her to assume it without his leave : and therefore x pius the fifth went on , and fairly deposed her by his bull , dated feb. . . but because the stubborn woman would needs be queen for all this , pope y gregory xiii . let his bull loose again upon her , and having two hopeful bastards to provide for , to the one he gives the kingdom of england , to the other that of ireland nor was she unqueen'd enough by all this , but z sixtus quintus gives away her dominions once more to the king of spain : and after all when nothing of all this would thrive , * clement the viii . sends two breves for failing into england , one to the layty , the other to the clergy , commanding them not to admit any other but a catholic , though never so near in bloud to the succession ; in plain terms to exclude the family of our sovereign from the crown . in the year , † vrban the eighth forbids his beloved sons , the catholics of england , the pernicious and unlawful oath of allegiance . yet more , in the late unnatural rebellion in ireland the loyal catholics , as now they call themselves , submitted that unhappy kingdom to his aforesaid holmess pope a vrban , to pass by other offers no less treasonable : and after that , as we are credibly informed , pope innocent the x. bestowed it as a favour on his dear sister , and much dearer mistris donna olympia . and sure we have all reason in the world to believe that every thing of this will be done again when the old gentleman at rome is pleased to be angry next , has a mind to gratifie a neighbour prince , or wants a portion for a son , or a favour for a mistris . and as it is , the papists of england have but this one excuse for that mortal sin of obedience to their heretic prince ; b that they are not strong enough to carry a rebellion : and truly 't were great pity these men should be entrusted with more power , who give us so many warnings before hand how they are bound to use it . but to all this the roman catholics have one short reply , that they are the most loyal subjects of his majesty : and have signally approved their duty by their service and fidelity in the last war. to this i say in short , that as bad as popery is , i do not think it can eradicate in all its votaries their natural conscience ; no plague was ever so fatal as to leave no person uninfected that scapt its fury . the case is fully stated by king c james of famous memory , as on one part , many honest men , seduced with some errors of popery , may yet remain good and faithful subjects ; so on the other part , none of those that truly know and believe the whole grounds and school conclusions of their doctrines , can ever prove either good christians , or good subjects . to speak the plain truth , and what the insolent boasts of papists makes necessary to be told them ; whatever was done then , was no trial at all of loyalty . the late rebels found it necessary for the countenancing their cause to make a loud pretence against popery , and to have the benefit of spoiling them : so that the roman catholics did not so much give assistance to the king , as receive protection from him . when they shall have adher'd to their prince in spight of the commands of their holy father the pope , and defended their sovereign and his rights , when it was not their interest to do it , they will have somewhat worth the boasting ; as the case now stands , they had better hold their peace , and remember that the sons of another church served their king as faithfully as they , though they talk less of it . but since they will needs have the world know what good subjects they have been , let them take this short account from the answer to the d apology for the papists , printed an. . in ireland there were whole armies of irish and english that fought against his majesty solely upon the account of your religion . in england it is true some came in voluntarily to assist him , but many more of you were hunted into his garrisons by them that knew you would bring him little help , and much hatred . and of those that fought for him as long as his fortune stood , when that once declined , a great part even of them fell from him . and from that time forward you that were always all deem'd cavaliers where were you ? in all those weak efforts of gasping loyalty what did you ? you complied , and flattered , and gave suggared words to the rebels then , as you do to the royallists now ; you addressed your petitions to the supreme authority of this nation the parliament of the common-wealth of england . you affirmed that you had generally taken , and punctually kept the engagement . you promised , that if you might but enjoy your religion , you would be the most quiet and useful subjects of england . you prov'd it in these words : the papists of england would be bound by their own interest , the strongest obligation amongst wise men , to live peaceably and thankfully in the private exercise of their conscience , and becoming gainers by such compassions , they could not so reasonably be distrusted as the prelatic party which were loosers . if this be not enough to evidence the singular loyalty of papists in the late war , they may hear a great deal more of their vertue celebrated from their petitions and public writings in my e lord orrerys answer to peter welsh his letter and because in those writings they are so ready to throw the first stone against the late regicides , they would do well to clear themselves from the guilt of that sacred bloud which is charged home upon them by the answerer of f philanax anglicus , who has not yet been controuled for that accusation . . to this barbarous insolence of excommunicating and deposing kings may succeed the usual consequent of that , but greater prodigy of tyranny , the putting whole nations under interdict , and depriving them of all the offices and comforts of religion , and that generally without any other provocation , than that the prince has insisted on his just rights , or the people performed their necessary duty . history is full of instances hereof . within the compass of one age , i mean the eleventh g century , almost all the nations of europe fell under this discipline , france , england , scotland , spain , and germany ; and some of them several times over ; and so it has gone down in following ages . the nature of the punishment we may learn from h matthew paris , who describing the interdict in the days of king john , which lasted amongst us for six years , three months , and fourteen days . there ceased throughout england all ecclesiastical rites , absolution and the eucharist to persons in their last agonies , the baptizing of infants only excepted : also the bodies of the dead were drag'd out of cities and villages , and buried like the carkasses of dogs in the high-ways and ditches without any prayers or the sacerdotal ministry . one would imagine that he who pretends to hold his empire from the charter of pasce oves , the feeding of christs sheep would find himself concerned not to destroy and starve them , or withhold from them their spiritual food for almost seven years together ; an unusual prescript for abstinence in order unto health . but we may not wonder at all this ; for i pasce oves with a roman comment means all coercion and dominion ; and they who take away the scriptures and half the communion from the layty are not to be controul'd , if they also withhold the other offices of piety . . a farther consideration may be the laws of the land , which in case of popery must be content to truckle under the canon law , and occasional bulls of his holiness , or legantine commissions , the proceedings of the courts in westminster veiling to prohibitions and appeals to rome , against which a premunire will be a weak fence in bar to the plenitude of the apostolic power ; and to murmur of dispute any thing will be especially to new converts , interpreted heresie , a word of so sharp an importance , as not to need a comment . there is a tradition that heretofore the gentlemen of the long robe were in that mean estate as to ply at westminster hall gate as now watermen do at the stairs for a fare , let the practitioners in that noble profession consider whether some such thing would not in earnest be the consequent of popery . and the rest of the people of england would do well to think whether they are fitted for a journey to rome , as often as they shall be called thither : i do not mean the divertisement of travel , or devotion of pilgrimage , but the compulsion of citations from that court , where the attendance and expence is not likely to be less than formerly it was , when it occasioned the groans and sad complaints of our fore-fathers ; which though they have escaped , our experimental knowledge sufficiently appear in all our k histories . or should the english law have some quarter given it , and be allowed a little chamber practise , this must be only in reference to the layty . all l ecclesiastics are under a more perfect dispensation , and only accountable to the apostolic see either for their actions or concerns , the benefits of which though the secular priests share in some proportion , the regulars much more liberally enjoy , being owned by the pope m as his souldiers and praetorian bands , listed under the generals of their several orders , maintained indeed at the cost of the countries where they live , but for the service of their soveraign abroad , to whom they owe an entire and blind obedience : and that they may give no hostages to the state where they recide , are forbid to marry . so that if popery should prevail , we must , besides all charges necessary to secure our selves from forreign enemies both by land and sea , constantly maintain a vast army of possibly an hundred thousand men , for such were the old numbers , to assure our slavery to the roman yoke . nor are these priviledges of the church only personal , the places themselves which these religious men possess are hallowed into sanctuaries , and give protection unto any criminal that treads within their thresholds , the most horrid murder or barbarous villany is to have the benefit of the clergy , and if the malefactor have but time to step into a cloyster , he fears no farther prosecution . . but besides the inconvenience of submitting to a forrein law , that certain mark of slavery , and the intolerable burthens that attend its execution , it will be of moment to advise how well our property and interest in our estates will stand secur'd : and though when princes are upon their good behaviour , to be disseized of their dominions , whenever they offend his holiness of rome , the pesant or the gentleman have no great reason to expect indemnity : yet should the farm or mannor house be too low a mark for the roman thunderer to level at , 't is not to be imagined the lord abbots and the lands of all religious houses will be past by as trifles . the church is ever a minor , and cannot be prescribed against by time , or barred in her claims , and our holy father out of his paternal care will find himself concern'd to vindicate the orphan committed to his trust . some perchance who enjoy those lands think they need not apprehend any thing , because they hold under acts of parliament : but they who imagine this should consider , that the same strength that can repeal those laws that establish protestancy , may also do as much for those which suppress religious houses : and no body can tell what the force and swing of a violent turn , especicially in england , may produce , where we seldom proceed with coldness or reserve . acts of resumption are not things unheard of in ours , or in forrein stories . nor is the consent of the pope in queen n maries days a better security ; for in case of a change of religion all those grants will be interpreted a bare permission , and that conditional in order to the great end of reclaiming an heretical kingdom , which not being then accepted of , and finally submitted to , will not be thought obligatory when papists by their own skill or interest have gotten the power into their hands . king charles the first yeilded at the isle of o wight that the church lands should be leased out for years , in order to a present peace and settlement of all things , through the interposition of a powerful and violent faction it was not then accepted of : does any may think the obligation of leasing for years remains now ? let our lay-abbots apply this to their case , and then judge whether they upon a revolution will be more secure of their possessions than the late purchassers were ; or whether those purchassers were not as confident of transmitting their acquisitions to their posterity as any possessor of church lands now is or has been . the king of france , not long since has redeemed back to the crown those demesnes which belong'd to it , paying back such sums as were really laid out by the purchasers ; and allowing the mean profits as interest for the money so laid out : which method of procedure has been defended by very considerable arguments to be just and equitable . if the money expended on the church penniworths at the dissolution of religious houses were now refunded , and the advantage of above years profit already received were thrown into the bargain , though the present proprietaries would have an ill exchange , yet there would be so much plausibleness in the grounds of it , as in the zeal and heat of a turn would not be easily controul'd : especially if it be farther prest , that the first claim from the acts of parliament suppressing church lands appear to be not full and peremptory , the lands of the first suppression in the year of henry . not seeming to intend an alienation to common and secular uses , but to have been vested in the king in trust , that the revenues might be employed p to the pleasure of almighty god , and to the honour and profit of this realm . as to the second in year of henry . the act supposes , and is built upon the alienations legally made by the respective religious houses and corporations , who are said q of their own voluntary minds , good wills and assents without constraint , co-action , or compulsion of any manner of person or persons by the due order and course of the common laws of this realm of england , and by their sufficient writings of record under their covent and common seals , &c. now to the verefying of these particulars a great many doubtful circumstances and nice points of law are easily drawn in as requisite , the suggesting whereof in the forementioned cases however slight and frivolous they may be , no body can tell what force they will have when dilated on by a roman catholic advocate , and interpreted by an infallible legislator . that all this is not an idle dream , suggested to make popery odious will be manifest to anyone who will take pains to read what a french marquess of that religion has lately written on this very subject , who having represented us as a r people without friends , without faith , without religion , without probity , without any justice , mistrustful , inconstant to the utmost extremity , cruel , impatient , gurmandizers , proud , audacious , covetous , fit only for handy-strokes and ready execution ; but incapable of managing a war with discretion . after this friendly character he proceeds to shew by what ways and methods we are to be destroyed , which are first to put us to the expences of a war , and by raising of forces create a jealousie between the king and his people . then to amuse us with fears of invasion . thirdly , to stir up the several parties among us , and to favour one sect against another , especially the catholics , promising secretly to the benedictines as from the king of england , which they will easily believe , that they shall be restored to all that they formerly possest according to the monasticon lately printed there : whereupon , says this worthy author , the monks will move heaven and earth , and the catholics will declare themselves . it will not be material to transcribe the whole design laid down for our destruction by this bold writer , which with all other machinations , the providence of god , and the prudence of his sacred majesty will we hope frustrate . this is enough to shew that there are persons in the world , who can yet nourish hopes of destroying the nation , and repossessing the lands of the church ; and in printed books make a publick profession of them . but if one general act of resumption should not disseize at one stroke all the lay possessor● of church lands , 't is plain that in case of popery by retail they will be all drawn in , for what papist in his last agonies will obtain absolution without satisfaction first made to holy church , for the goods sacrilegiously detained ? or how will he escape the lying in purgatory at least ▪ and frying there for several thousands of years , who instead of having benifit from the indulgencies of the church , is solemnly s cursed and anathematized with the worst of heretics in the bulla caenae , as also the declaration of the council of trent , upon the score of being robbers of the church ? 't is not to be hoped they should have any benefit from the treasure of the church , who have enrich'd themselves with that real and material treasure belonging to her , which is the only price that buys the other . indeed , they who without the plea of a precedent right in few centuries gain'd to themselves a fifth part of the whole kingdom , will not doubt in a much shorter time , having the forementioned pretences to recover it again , even the six hundred forty five abbeys , whereof twenty seven had their abbots peers of england : the ninety colledges , two thousand three hundred seventy four chanteries and free chappels , and one hundred and ten hospitals , t which ( besides the lesser dissolutions of templars , hospitalers , friers alien , and others that preceded ) fell together under the hands of king henry viii . . it would be farther weigh'd in reference to the wealth and flourishing of the kingdom , and what is necessarily required thereto , the preservation of trade , and the value of lands and rents that the more popery grows , the more will idleness increase , the more abbey-lubbers , that is , persons exempted from contributing in any kind to the uses of a state either in war or peace , and yet maintain'd as drones on others sweat and labours . the more it encreases , the more will caelibate or single life prevail ; the more daughters will be sent to nunneries abroad , till they can be fix'd at home , the more men will turn priests and friers , and so less people in the nation which already has too few . and that the numbers in those societies may be sure to be full , it is a known and customary practice to entice and spirit away children from their parents into their covents , from whence they cannot be withdrawn without sacriledge . of this abuse complaint was made long ago in behalf of the english nation , to the pope by u rich. fitz-ralph , called armachanus , anno , though without redress . lay men , says he , refrain from sending their sons to the vniversities fearing to have them taken away from them , chusing rather to keep their sons at home , and breed them to husbandry , than to lose them by sending them to the schools : in my time there were thirty thousand students in oxford , and now there are not six thousand , and the great cause of this decrease in numbers is the aforesaid circumventing of youth . to this accusation x william widford , a begging frier , makes answer in his apology for his order , by undertaking to prove , that it is very lawful to entice children into their covents without their parents consent . since the reformation , what arts have been used to people the seminaries abroad , is a thing too notorious to need an account , if any desire satisfaction therein , he may have it from mr. wadworths english spanish pilgrim . by this engaging of the youth in monasteries and nunneries there will be as many more idle hands , so by the more holy-days which will be kept there will be the less work done ; consequently what is done will be so much the dearer , an ill expedient for promoting of trade , for four days work must perhaps maintain a man and his family seven . the more popery encreases , the less flesh will be eaten , a third part of the year being one way or other fasting days , besides particular penances , as good an expedient for rents , as the former was for trade . to salve this , i expect the papists should tell us , that great numbers of forreiners of that religion will come and live among us , and supply by their numbers the other inconveniences : but the english artificers and merchants are already sensible of the mischiefs which those interloping strangers which are here already do among us , and desire no new colonies : besides , 't is obvious to any common understanding , that if the admission of popery bring in forreigners , the discouragement of protestancy will in greater and more disadvantageous proportions drive out natives : and though it be not certain who will gain by the change ; 't is manifest that the true english interest will be a loser by it . . but to proceed , popery will bring in to private persons a vast expence in masses , diriges , mortuaries , penances , commutations , pilgrimages , indulgences , tenths , first fruits , appeals , investitures , palls , peter-pence , provisions , exemptions , collations , devolutions , revocations , unions , commendams , tolerations , pardons , jubilees , &c. paid to priests , the pope and his officers ; which upon computation amounted to three millions per annum , a great part thereof carried out of the kingdom in a time when the indies had not fill'd it with gold and silver . the tyranny was so intolerable , that the whole nation protested against it in their letter to the council of y lyons , anno . wherein among other things they declare that the italians received hence yearly above sixty thousand marks , besides all other payments to the see of rome , and carried out of the kingdom a greater revenue than had the king , who was tutor to the church ; and was to support the charge of the state. which complaint yet had no other answer than delays , and a severe example to terrifie them , immediately made upon the emperour frederick the second , against whom his holiness innocent the iv , then pope , to use the words of the acts of the council , z pronounced and thundred out the sentence of excommunication , not without the horrour and amazement of all hearers and by-standers . only the annats or first fruits of bishopricks as they were computed in * parliament , anno . in a few years came to an hundred sixty thousand pound sterling ; it would be endless to audit the whole account . as england was by the popes stiled an † inexhaustible pit , so was there no bounds set to the industry of them who attempted to drain it . after a sad complaint of the rapine , avarice , and tyranny of the pope and his officers among us , a matthew paris breaks out into these words , we might there see heart-breaking grief , the cheeks of pious persons drown'd in tears , the doleful moan that they made , and the sighs which they multiplied , saying with bleeding groans , it were better for us to die , than behold the calamity of our country and pious people of it . woe to england , who heretofore was princess of provinces , and ruler of nations , the mirrour of excellence , and pattern of piety , is now become tributary , vile persons have trampled upon her , and she is a prey to the ignoble : but our manifold sins have procured these judgments from god , who in his anger for the iniquity of his people has made a hypocrite and tyrant to rule over them . if almighty god should for the like provocations put us again under the same egyptian task-masters , we need not doubt of the self-same usage . but now , for all this expence , 't is pleasant to examine what is to come back to us in exchange ; even parchments full of benedictions and indulgences , store of leaden seals , beads , and tickets ; medals , agnus-dei's , rosaries , hallowed grains , and wax-candles , such traffic that an indian would scarce barter for ; such pitiful gauds , that would hardly bribe a child of a year old ; and yet this is the goodly price they offer for all the wealth of a whole nation . . after this tyranny over our estates in the particulars rehearsed , there is a very remarkable one behind , which will well deserve to be considered : it is b auricular confession , where not to mention its ill aspect upon government , as being made an engine of state , and picklock of the cabinets of princes , sealing up all things from the notice of the magistrate ; but making liberal discoveries against him ; hereby not only the estate , but soul and conscience of every private man are subjected to the avarice and rapine , and withal the humour and caprice , the insolence and pride , nay , lust and villany of a debauched confessor ; every mortal sin upon pain of damnation must be confessed , and when the penitent after great anxieties has freed himself from this disquiet , he must submit to the penance , however rigorous , or chargeable , or foolish , which the priest enjoyns ; he and his family are entirely in the power of this master of their secrets . and if this awe and empire however grievous , were the whole inconvenience 'twere something tolerable , it being to be hoped , that so severe a remedy would affright from guilt ; but the very contrary happens , vices of the foulest kinds are hereby procured to : the priest takes often benefit of the sin which he absolves from , and having the advantage of these two points , that the person whose confession he has taken has lost modesty , and that he can absolve from the crime , it will be easie to perswade the repetition of that sin , which his breath can easily blow away and render none . i shall not here mention on the other part the perfunctory penances , which seem only imposed to invite to sin again , and those authorized by a most authentic pattern , that of the popes themselves , for what markets may we not expect from a poor priest , when his holiness in his c tax of the apostolick chancery has valued the most horrid crimes at so easie rates as a few grosses , or a julio , and eighteen pence or half a crown compounds for the foulest most abominable guilt . nay , when a visit to a privileg'd shrine or altar , and the bare recital of a short prayer purchases pardon for , , , days . nay , for , , years according to the grants of several popes , to be seen for our great comfort and edification in the d horae b. virginis . so that the story of that plump confessor , who for six acts of adultery is said to have enjoyn'd the repetition of six poenitential psalms , and when 't was told him that there were seven of them advised the votary to commit ▪ adultery once more , and repeat the whole number , may seem a very severe act of discipline , and besides a full attonement for past sins supererogation for future ones . so that vice being brought to this easie rate , besides all other misadventures , unless we will stand for the honour of being cuckolds , and have our posterity share the title which is proverbial in popish countrys , to be fils de prestre ; it will concern us to look about us , while 't is time , and prevent these vile dishonours which are preparing for us . if it shall be said , that 't is not imaginable men should pervert so sacred an action , as the receiving of confessions to those purposes of villany that are suggested . i answer first , that we may without breach of charity suppose that thing possibly to be done , which is notoriously known to have been done : as also , that the horrour of the crime is competently allayed by their doctrine , who think only marriage , and not e fornication inconsistent with the dignity of a clergy-man . and therefore the nephews of great clergy-men and popes have in all ages been own'd and preferred , and moreover , f fornication has been allowed to priests and friers in compensation for their restraint from marriage , three or four whores as part of their spiritual preferment . i say , all this being put together , there will be little hopes to preserve honour in families , where so many circumstances concur together to betray it . . after all this there still remains a farther reason why we should resist the growth of popery , even the most pressing that can be urged , self-preservation , to avoid imprisonment and inquisition , fire and fagot , massacres , racks , and gibbets , the known methods by which the romanists support their cause , and propagate their faith. should that sect prevail , the nonconformist shall no longer complain of a bartholomew-day , the parisian vespers , which bore that date , will be resumed again , and silence all complaints of them or us : and as his holiness thought fit to celebrate that barbarous villany , calling together , as g thuanus tells us , his cardinals solemnly to give thanks to almighty god for so great a blessing conferred upon the roman see , and the christian world ; nay , a jubilee was to be proclaimed through the christian world , whereof the cause was expressed to give thanks to god for destroying in france the enemies of the truth and of the church ; there may be found on this side the sea men who will imitate the princes of the holy league , who upon such encouragements from the see of rome , and for the greater glory of god , will be ready to consecrate their hands in a massacre here with us . it is vulgarly known what was done to the poor albigenses and waldenses : how many hundred thousand of lives the planting of the roman gospel in the indies cost : what cruelties were practised in the low-countries by the duke d'alva , what bloud in this island in the days of queen mary , what designed to be shed in the powder treason , and that by the privity and direction of the pope himself as h delrio informs us in spight of all the palliations that are now suggested : who withal adds , that his holiness clement . by his bull a little before that time gave order that no priest should discover anything that came to his knowledge in confession to the benefit of the secular government : it seeming safer to these good men to break all the obligations of duty and allegiance , though bound by oaths , than violate the seal of confession , or put a stop to that meritorious work at one moment to destroy their soveraign , with all his royal family , his whole nobility and senate , and subvert the government of their native country . but we need not seek for instances without our own memories , the carriage of the i irish rebellion , where the papists in a few months cut the throats of about two hundred thousand innocent protestants of all sexes and ages , cannot be yet forgotten . which act was so meritorious as to deserve from his holiness a most plenary indulgence for all that were concerned in it , k even absolution from excommunication , suspension , and all other ecclesiastical sentences and censures by whomsoever , or what cause soever pronounced or inflicted upon them , as also from all sins , trespasses , transgressions , crimes , and delinquences , how hainous and atrocious soever they be , &c. nor let any man be so fond to hope for better terms , or liberty of conscience , if popery should now prevail . let us look into the world , and we shall see on all hands , that nothing is any where suffered to grow either under or near that sect. where protestantism has been so strongly fix'd as not to be batter'd down at once , it has by degrees been perpetually undermin'd : witness the proceedings against them in poland and hungary and several parts of germany , the late persecutions in the vallies of piedmont , and the methods used in france to demolish their temples , and disable from employments , and almost exclude them from common trades . i need not enquire what is now done in vtrecht and other acquisitions of the french upon the hollander ; this we are sure of ; whatever articles are , or can be made of favour and compliance , 't is somewhat more than a probable l doctrine , that faith is not to be kept with heretics . the jesuited romanist is at large by equivocations to say any thing , and by directing of intention to do any thing : they can with a very good conscience dissemble their own , and pretend to the protestant profession , come to the devotions of heathen idolaters , and that from express licence from his holiness pope clem. viii . upon account of which we may , says m tho. a jesu , be present without any scruple at the rites and divine offices of infidels , heretics and schismatics . nay peter n maffeius makes it his boast , that ignatius loyola imitated the devil in all his tricks , cheats and cunning , to convert souls : and how his followers have transcrib'd that pattern the world does know . yet farther they some of them at least can set up a new gospel , where there is not one word of the cross of christ ; can worship heathen idols with that pitiful reserve of having in their sleeve a crucifix , to which they privately direct their adoration : all which as they are notorious for , being complained of to the o pope , so are they uncontroul'd for ought appears and permitted by him . indeed what conversation can there be with these men who are under no obligations of society , no character of notice or distinction ; who at the same time are priests and hectors , casuists and artificers , presbyterians , anabaptists , quakers , theists , atheists , and amidst all this very good catholics . let any honest sober man judge what kind of religion this is , in it self , and how fit to be encourag'd and submitted to . . to close up all that has been said ; from uncontroulable testimonies and proofs , we have seen the influence which popery has either heretofore or may hereafter have amongst us in all the great concerns of our religion , our prince , our laws , our property , our country , our families and lives ; and found it evidently destructive unto all : the inference from whence can be no other , but that if we have any love of our religion , any abhorrence of the grossest superstition , error or idolatry , any regard for the safety of his majesty , any care of our laws or our estates , any concernment for the strength , the wealth or numbers of our nation ; any desire to hold the freedom of our conscience , the virtue and the honour of our families ; and lastly , any care of self-preservation , to escape massacres , and the utmost rage of persecution ; it will behoove us to beware of the prevailing of that sect , in whose successes we have reason to expect to forfeit all these interests , perish our selves , and bequeath idolatry and beggary and servitude to our posterity . finis . notes, typically marginal, from the original text notes for div a -e a art. . b tim. . . c artic. . cousins schol. disc. d a●t . e jewels apol. f art. . catechism . in the lit. g art. . h cor. . , , . i cor. . . preface of cerem . to the litur . k art. . commin . in the litur . l book of ordain . art. . mason de min. ang. bramhal . m art. . king charles letter to the prince . n bulla caenae . o jude . gal. . . p ethelbert and some others of the south of england . q an. . of hen. . by the advice of the parliament and convocation . r herb. hist. of hen. . speed. baker , &c. s guicciard . . luitprand . l. . c. . baron . ad an. ● . concil . const. sess. . genebr . ad an . t sixt. v. & clem. ● . in the prefaces of their book . u concil trident . sess. . bell. de imag. l. . x coster , enchirid . controvers . c. . de euch p. . concil trident . sess. . bell. de euch. y concil . constance , sess. . trid. sess. . bell. de euch. l. . z index lib. prohib . reg . . bell de v●rto dei . l. . * optat. milevitan . l. . cont. parmen . † missal . rom . approbat . ex decret . concil . trident. & bullá pii . cherubini bullar . tom. . p. . a extrait du p●ocez verbal des assemble general du clerge du fran. tenue à paris ●s an. ● . & . b bell. de rom . pont . l. . c bellar. de eccles l. . d jude . e bellar de indulg l. ● . f taxae cancel . apost . g bellar. de eccles. l. . h church history of britany . i curtius . k david . hezek . &c. l const. theod. justin. &c. m bell. de rom . pont . l. . suar. aud. eud. johan . resp . ad casaub. p. . suar defens . sid cath l. . turre●rem . sum . eccl . c. . thom. aquin. . quaest . . art. . ledes . theol. mor. tract . . malder . com . in d. thom. . . quaest . . n extravag de majoritate & obedientia c. . unam sanctam . o platin. in vit . innoc. . p concil . later . can . . tom . concil . . p. concil . lat . . can. . tom. . p. . concil . lugd. . sess. . tom. p. . concil . const. sess. . tom . p. , and . q hist●ry of popish t●easons and usurpations . r admonish . ●● the nobility . f mat. paris , an. . t cherubini bullar . tom. . p. . hist. conc. trent , l. an. . u hist. conc. of trent . an . x cambd. eliz. an. . cherubini bullar . tom. . p. . y thuan. l. . cambd. eliz. an. . z cambd. eliz. an. . * cambd. eliz. an. . † dat may . . foulis p. . a lord orrerys answer to peter welsh his letter . b watsons quodlibets , p. . out of bannes , valentia , and others . c king james his works , p. . d pag. . e pag. , , &c. f pag. . g baron . cent . undecim . h an. . i platina in vita , greg . k roger hovd . in hen. ● . mat. paris , ib. l concil . trident . sess. . m hist. concil . trident. l. . n and of philip and mary . o treaty at the isle of wight . p cap. . q cap. . r traitte de la politique de france , c. . p. . s concil . trid. sess. . bullae caenae . in bullario gherubin . passir● . t herbert hist. of hen. . speed , &c. u sermon preached before the pope and cardinals at avenion . x indefensorio . y tom. concil . . p. . z pag. . * herb. hist. king hen. . p. . † mat. paris anno . a anno . b concil trid. sess. . c taxi cancel . apost . d horae b. vir. p. , , : , , , , , , &c. e sleid comm . l. . f cornel. agrip. c. de lenocin . g thuan. hist. l. . h disq. magic . l. . ● . . sect. . i lord orrery . p. . k pag. . l concil const. myst. jesuitism m de convers . infid p. . n in vit . ignat. loyol . o palafox bp. of angelopolis in his letter , to pope innoc. x. the humble addresse of the lord maior, aldermen and common-council of the city of london, on tuesday last, being the th of this instant august to the council of state together with the lord whitlock's speech in answer thereunto : wherein is discovered the state of the affairs in cheshire, lancashire, yorkshire, kent, suffex and surrey, and several other parts of the nation. city of london (england). court of common council. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing h b). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative 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(eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the humble addresse of the lord maior, aldermen and common-council of the city of london, on tuesday last, being the th of this instant august to the council of state together with the lord whitlock's speech in answer thereunto : wherein is discovered the state of the affairs in cheshire, lancashire, yorkshire, kent, suffex and surrey, and several other parts of the nation. city of london (england). court of common council. whitlocke, bulstrode, - or . p. printed by w. godbid ..., london : . caption title, p. : the speech of the lord whitlock made in the council chamber at white-hall. includes only whitlock's speech. reproduction of original in huntington library. eng great britain -- history -- commonwealth and protectorate, - -- sources. great britain -- politics and government -- - -- sources. a r (wing h b). civilwar no the humble addresse of the lord maior, aldermen and common-council of the city of london; on tuesday last, being the th. of this instant au corporation of london d the rate of defects per , words puts this text in the d category of texts with between and defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion the humble addresse of the lord maior , aldermen and common-council of the city of london ; on tuesday last , being the th . of this instant august : to the council of state . together with the lord whitlock's speech in answer thereunto . wherein is discovered the state of the affairs in cheshire , lancashire , yorkshire , kent , sussex and surrey ; and several other parts of the nation . london , printed by w. godbid over against the anchor inne in litle brittain , . on tuesday last , about five of the clock in the afternoon , came the lord maior , aldermen , and common-councel of the city of london , by order of parliament to attend the council of state , and entring in at the back dore of the council chamber , they ( after the councel came , in ) seated themselves , the lord maiors chair being placed opposite to the chair which was appointed for the lord whitlock , the common-councel men having seated themselves ( according to their places ) behind the said lord maior , and aldermen , the lord whitlock , made a speech to them as followeth ? the lord maior neither at his entrance or return said any thing ; only express'd his thankfulnesse by the bowing of his body . the speech of the lord whitlock , made in the council chamber at whitehall ; in the presence of the council of state , and the lord maior , aldermen , and common-council of the city of london ; upon tuesday the th of august . my lord , and you his brethren , and the rest of the common-council of the city of london ; it hath pleased the parliament to order this meeting by you , to give you notice of the proceedings now on foot in this nation : and whereas in your petition , and declaration to the parliament ; you have set forth your affections to them , and your willingness to joyn with them in the affairs of the nation : and you were pleased to put them in mind of several particulars , worthy of their consideration ; in which , ●nd in many others , the parliament have made a good progress , though they found a great alteration in the state of affairs , since the time they were , ( as you mention in your petition ; ) and the truth is , with violence interrupted ; for when they met again , they found a great alteration , by a vast expence of treasure , a great decay , and loss of trade , and wars begun with forrain nations , and chiefly to support the interest of a single person : yet however the parliament were willing to look forward for the carrying on of affairs in these nations , and put all in oblivion that was past in the late several changes of government , a●d now desired to settle a common-wealth , and thereupon past an act of indempnity ; but they were informed at their first meeting and coming together , of a design of charles stuart , and his agents , to destroy this nation of their freedome , and settlement of this common-wealth ; this was carried on during the last convention , and was managed by some members of that convention , which hath appeared acters in it ▪ therefore it hath taken a great part of their time to discover their wicked practices : at that time there was massey and divers others , as parties imployed to carry on that design ; and here in london , they had their councels , and secret meetings to carry on that business , in it was also mr. john mordant , who made a narrow escape for his life , at his tryal before the high court of justice , yet is faln again into this design , that is so laboured , and endevoured to be carried on ; for it appears manifest , that mr. mordant is gone over as their agent here , to charles stuart ; and hath received direction , and was supplied with monies , for the carrying on of this desperate business now on foot in england : there are many others , as mr. newport , lately taken prisoner in shrewsbery there was also letters intercepted , directed to the lady howard , and another to the lord herbert , and divers others , amongst which , were some from charles stuart , as hath appeared by the examination and confession of several persons now taken prisoners : so that this design is evidently made forth , that they endevour to set up charles stuart , to reign in tyranny amongst us , and to destroy this state and common-wealth ; for there hath been several meetings and randezvouz appointed by them in several places of this nation ; but by the care and diligence of the parliament , and council of state , with the help of their forces at home and abroad , meeting with them in divers places , they have disappointed them , and taken divers prisoners , being frustrated in these parts , there hath another party appeared in a body in an open hostile manner in cheshire , lancashire , and those parts , ( as i presume you have all heard , ) there are with them , ( and joyned in this design , ) divers eminent commanders and officers , as randal egerton , and robert werden , and others that were in the late kings army , and with them there hath joyned sir george booth , and sir thomas middleton , and are all in actual arms , having taken chester , and carrick castle , and have proclaimed charles stuart to be king in warrington , and those parts ; and what their design is , is evident by their actions ; this is their business and their design , to ruin and imbroil this common-wealth in blood ; but the parliament having pleased by their authority , and their council , have taken care , that a considerable force hath been sent forth under the conduct of the lord lambert , and they are far on their march to those parts to suppress ●hose rebels , yet those in cheshire have been working to see what may be done in procuring assistance in this city of london for their help in carrying on this desperate design ; it appears fully by many examinations taken by the council , and as it appears by some taken by your lordship , and some of you worthy gentlemen ; so that you see their design is to make a disturbance in this famous city , that your houses and your goods may be brought into the hands of the spoilers ; there design was to have fired the city in ●ivers parts of it , and to plunder the city , and to bring an utter destruction upon this famous city ; which i doubt not , but the lord will preserve , and have a care of : and therefore we hope that you will all have a great care in this business , and be very careful to joyn with those that have the 〈◊〉 of the affairs of this n●tion , in the preservation of this common-wealth . it is the duty of all well ●ffected and faithful citizens of this ●ommon-wealth ; therefore it must be your endevours herein , that so you may be examples to others . the parliament therefore finding this city thus deeply concerned in the affairs of this common-wealth , have thought good , things might be im●●●ed to you the lord maior , and aldermen , and the rest , the common-council of your city , by reason there are such desigens among you , that it is plain and evident , by some parties ingaged among you in this design ; therefore it is your duty , and we doubt not of your care , but that you will joyn in this business , though there are divers of your apprentis●s gone forth to assist those persons , that intend ruine upon this city . gentlemen , you that are commissioners of the militia of this city , you have taken a great deal for care for the forming of a militia for your own preservation , you have raised some horse and some foot ; the parliament hope you will go on , for your own sakes , for your own protection , as well as the publick . it is the duty of the parliament to take care of all their forces , in a special and peculiar manner , for the preservation of this city , and of your safeties , and of the safety of your wives and children , and therefore they thought good to let you know the state of things and designs abroad ; they have testified their intention of advancing of the trade of this nation , and their putting an end to all their troubles ; it is their duty , it is their trust , but you cannot but be sensible of their interruption . gentlemen , we are all envolved in one and the same cause , it is a righteous cause , a just cause , it is a settlement of peace , a setling of you and your posterity , that you may not be under the yoak of tyrany , and made vassal● , but that you may be a free people , and your freedome advanced , your peace preserved , and your rights and liberties continued ; so that if we be united together in the cause it self , we shall not need to fear the enemy it self , but hope , that that god that hath appeared hitherto , will still appear for us , in a cause so just , and which we ought to maintain : and therefore gentlemen , being the minor of the parliament , they have been pleased to pass a proclamation , which i shall read to you . whereas the old and implacable enemy having for some time before the restoring of this parliament , formed a design for the bringing in of charls stewart , to the destruction of all the faithful and constant asserrors of the parliaments most iust and righteous cause , and had brought it to such ripenesse , that ( by the confession of divers engaged ) the day was prefixed , the first of this instant august for their rising in arms ; but through the good providence of the lord , were so timely discovered , that their design was in a great measure disappointed . nevertheless it hath pleased the only wise god , to suffer the said design so far to break forth , that randolph egerton a major general , and robert werden a colonel , with divers others , officers and commanders in the war under the late king , together with sir tho. middleton , sir george booth , and other apostates , in prosecution of the same design , have proclaimed charls stewart to be king , levied actual war , and possest themselves of chester . the parliament doth therefore declare and proclaim the said randolph egerton , robert werden , sir george booth , sir thomas middleton , and their adherents in this war , to be rebels and traytors . and because it is not probable that the said persons should , upon what specions pretences soever , undertake so wicked a design without expecting assistance from others , the parliament , to the end that no more of the people of this common-wealth be seduced into any compliance with them , do also declare , that whosoever shall from henceforth any ways assist , abet or conceal the carrying on of their said design , be deemed and adjudged rebels and traytors , and shall be proceeded against accordingly . this proclamation the parliament having past , thought it seasonable to communicate to you : thus briefly you have heard the particulars of their present affairs ; the parliament desires yout care , and expects your utmost assistance , and best affections for the carrying on of this work ▪ being a righteous and good cause , and to do what lyes in you ; that your peace and comfort may be brought home to you , and you shall find them and their best assistance to go along with you , in the carrying on of this work , advancing the trade of your flourishing city , and preserving your just rights , liberties , laws and priviledges . the end . dendrologia dodona's grove, or, the vocall forrest. by i.h. esqr. howell, james, ?- . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a stc estc s this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) dendrologia dodona's grove, or, the vocall forrest. by i.h. esqr. howell, james, ?- . merian, matthaeus, - , engraver. [ ], , - , - , [ ] p., [ ] leaves of plates : ill. (metal cut) printed] by: t[homas]: b[adger]: for h: mosley at the princes armes in st paules church-yard, [london : . signed at end: iames howell. "a political allegory in prose dealing with events between and "--dnb. first word of title in greek characters. printer's name from stc. running title reads: dodona's grove, or the vocall forrest. the engravings are signed by matthaeus merian. variant (possibly an early state): lacking a² . reproduction of the original in the university of minnesota. library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng great britain -- politics and government -- - -- early works to . - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - judith siefring sampled and proofread - judith siefring text and markup reviewed and edited - pfs batch review (qc) and xml conversion ΔΕΝΔΡΟΛΟΓΙΑ . dodona's grove , or , the vocall forrest . by i. h. esqr. by t.b. for h. mosley at the princes armes in st paules church-yard . to the common reader . opinion , is that high and mighty dame , which rules the world , and in the minde doth frame distast or liking ; for in humane race , she makes the fancy various as the face . sometimes the father differ's from the sonne , as doth the gospell from the alcharon ! or loyola from calvin , which two brands , in strange combustions hurle faire europe's lands : so that amongst such atomes of mankinde , you scarce can two encounter of one minde . this makes my trees all aspen , 'cause they must lye ope to every winde , and vulgar gust : yet much they feare not any critickes knockes , vnlesse they chance to stumble 'mongst the blockes . — ex quovis stipite non fit mercurius . to the criticall reader . if satyres here you find , thinke it not strange , 't is proper satyres in the woods should range ; and for free speech , why may not verse or prose sit under trees as safely , as the rose ? yet here is nothing , though a grand inquest you should empannell , but may bide the test : for pettie iuries , let the reader know , composures of this kind stoupe not so low . to the rarely accomplishd , and vvorthy of best employment , master hovvel , upon his vocall forrest . beleeve it , sir , you happily have hit vpon a curious fancie , of such wit , that farre transcends the vulgar ; for each line , me thinks , breathes barclay , or a boccoline . i know you might ( none better ) make the vine , the olive , ivie , mulbery , and pine , with others , their owne dialects expose , but you have taught them all rich english prose . i end and envie , but must justly say , who makes trees speak so well , deserves the bay. henry vvotton . on the vocall forrest , to i. h. esq. come theophrastus , and resigne thy pen , thy trees are taught to speake , th' are growne to men : men were transformd to trees , and some are still meere blocks ; but mercurie now proves his skill , and charmes the grove ; the wagging leaves first mutter , at'he change , and streight state-language they doe utter . the pleasant arbour gently whispers this , trees have their keyes , as well as argenis . hedges have eares , the rurall proverb sayes , court-proverb tells , th 'ave toungs , and toungs of bayes . 't was iothans style , to wrap in toungs of trees , as sacred rolls report , state-mysteries . no poplar here , no medlar succour findeth , true-heart of oke , the loyall author mindeth ▪ spring stately grove , be thousand winters greene , and in thy rind be names of princes seene : though vulcan iron-marks , our forrests beare , nor axe , nor fire apollo's grove doth feare . t. p. s. t. d. dodona's grove . or , the vocall forrest . it fortun'd not long since , that trees did speake , and locally move , and meet one another ; their ayrie whistlings , and soft hollowe whispers became articulate sounds , mutually intelligible , as if to the soule of vegetation , the sensitive faculties and powers of the intellect also , had been co-infus'd into them : they traveld to strange countries , crossd seas , made peace and warre , alliances and leagues , assumed names and characters of distinction , and discharged all the functions of rationall creatures . in the sacred oracles wee read of one that discernd men to walke like trees , but here cleane contrary , you shall see trees walke like men . we read also there of a mighty monarck , that was meant by a tree ; and it is no new character of man , that , he is a tree revers'd . the great sicilian antiquary leaveth upon record , that in the nonage of the world , mens voyces were indistinct and confus'd ; and sojourning chiefly in vvoods , by a kind of assimilation and frequent impressions in the eare , they resembled those soft susurrations of the trees wherewith they conversd ; untill time , ( which ripeneth ) and art which perfecteth all things , & hath a greater interest in speech then nature her selfe , did distinguish these mishapen sounds into syllables , and so by degrees into language . at that time , when this parley of trees begun , i my selfe was but a little , little plant newly sprung up above ground ; and passing through the terrible birch to boetia , where i tooke in my best sap , and came by degrees to a consistent growth ( which was not very high , in so much that some thinke i was set in the wane of the moone ) i was transplanted from boetia to tamisond , and thence as my genius strongly led me , i often crossed the seas , and rangd up and down through most of the forrests of the lower world ; and as i passed along , i observed the motions , and studied the properties of sundry sorts of trees , as well forren , as home sprung , and of them i intend to relate some passages ; in the narration whereof i will endevour to goe between the bark and the tree , as neere as possibly i can with safety , to sift out , and set down the truth of things , for the prime vertue of story is verity . wherefore i hope to obtaine a candid construction of this rough hewen , ill timberd discourse , and that the reader will be pleased as he shall passe along through these woods , to affoord mee somtimes his second thoughts , and observe also the constant veine of impartiality , which runnes through the whole worke , which he shall find to be such , that it will infranchise his judgment everywhere : and such , i know will dispense with my errors and slips , for it is very hard but one passing through so many forrests as i intend , may meet with some stumbling blocks in his way . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . — sacra jovi quercus . a character of drvina . there is a goodly forrest , druina by name , anciently called the white forrest , wherein the royall oke rules in chiefe , and with such a latitude of power , that hee stretcheth forth his branches to the sea , and his boughes unto the great rivers . it was ordained by heaven , that she should be principally protected by neptune , who with a flying gard of brave winged coursers doth engarrison her so strongly , that , lying safe in his bosome , she may be said to be — media insuperabilis vnda . she being endowed with those two properties which that great register of natures secrets requires in an invincible country , viz. a secure and easie going out for the native , and a doubtfull hard comming in for the stranger ; which made the caerulean god so indulgent of his druina , and to repose in her such a rare confidence , that besides the clustre of diadems which begirt her high fronded fore-head by land , he transmitted to her long since his very trident , making her impresse , yea , empresse of the sea , and that in so high a degree of soveraignty , that in her owne waves , hee gave her an exclusive propriety ; in so much that the utmost extent of her desmenes royall , are adjudged , by some great clarkes , to bee the shoares of the neighbouring forrests . whereby she is growne so famous through all the inhabited earth , and formidable to the next adjacent regions , that maugre all their menaces , pretensions , and practises , she gives them the law upon salt water ; which makes her a terror to her foes , a shelter to her friends , and security to her neighbours ; but above all , she hath thereby a constant strength to defend her selfe : and selfe defence hath beene alwaies held the first maxime of policy . much more might be spoken in honour of druina , which i suspend , untill i have made you acquainted with some of her neighbouring forrests , because i am to make often transcursions into them as i passe along ; and first of her next opposite neighbour ampelona , where the majesticke vine doth monarchize in the highest degree of soveraignty . a character of ampelona . rode caper vitem ; tamen hic , cum stabis ad aras , in tua quod fundi cornua possit , erit . and now i am upon a peece of the continent and one of natures best peeces , one of her chiefest granaries and winecellars ; a square of . miles travers , take the diameter where you will , thronging with such multitudes of sappy and spritefull plants , that the generall calcule which was made in the last perambulation exceeded eight millions ; a rare soyle that in no larger a circumference , can give radicall moisture to such a number without borrowing of any ; corne , wine , and salt , her three rich staples doe so abound in her , that shee seasoneth , and keepes from starving very many of her neighbours , but specially the forrest of the south , which otherwise would perish for the staffe of life . there is no region on earth so daintily watered , with such great navigable rivers , whereof some are said to bee pav'd with troutes , borderd with crevices , and imbroderd with swannes ; and upon these multitudes of brave cities stand , and all her great ones stand so ; but amongst them the midland townes are most flourishing and abounding in wealth , which shewes that her riches are interne and domesticke ; for as it is the marke of a good housewife to be more vendax , then emax , rather a seller then buyer , so is it of a good countrey ; and such a one is ampelona , which sends forth far more , then she fetcheth in . the war-like vine swayeth here in the most absolute forme of supremacy that may bee , for hee not onely makes peace and warre , summons and dissolves generall meetings , pardoneth , naturallizeth , ennobleth , stamps , and layeth value upon coynes , but also enacts lawes , executes justice , and layeth impositions at pleasure ; and he may thanke druina for this boundlesse power , for when she by the strength of her horned yew had feld downe a great number of the strongest trees that were in ampelona , and made such firme invasions into her very bowels , that there could be no universall assembly , the necessity of the times cast the power of the three estates upon the vine himselfe , that his mandats should stand for lawes , whereby he layd what taxes , and made what leavies he pleased ; his successors made vertue of this necessity , which though temporary at first , continueth ever since ; for soveraignty where she gets an inch , stickes not sometimes to stretch it to an ell . but that which made it more passable was , that the burden lighted chiefely upon the poore coppices and vnderwoods ; so that ever since , the vine himselfe with the taller sorts of trees , specially the holy yews ( who ingrosse more than all the rest , and are thought by computation to have the third part of the forrest , ) sucke all the sappe , and leave the poore shrubs to dry up , fade away , and wither ; and when they have got any moysture , they serve but as spunges for others : out of which disproportion ariseth this inconvenience , that they become pusillanimous , and almost uselesse for military services , being so often peeld , that they never come to be perfect and firme timber . it is alwaies a mixd government twixt peace and warre , which finds perpetuall employment for many of her stirring spirits , having the advantage thereby to bee furnished upon all occasions with experienc'd martiall instruments ; for ampelona having open frontires contiguous every where with some alien , she cannot joyne peace and security together , nor fetch a sound sleepe , but hercules-like with clubbe in hand . she is the greatest one knot of strength in the western world , and for the situation fittest to disjoyne or unite her neighbours forces , and consequently to be arbitratrix and compoundresse of any quarrell that may intervene : and never , since she woare the imperiall diademe , was ampelona so potent , nor then , so well knit and compacted as now she is ; so that it is held a maxime , if ampelona combat not her selfe , she is invincible ; and this shee hath too often done , turning the sword of civill broyles into her own bowels , so farre that the bell hath often told , but never yet rung quite out for her liberty , which was thought not long since to be upon point of expiring ; and no wonder , sheabounds so with quicke sets and wildings , and a world of boyling volatil spirits , impatient of peace any longer then they are recovering the ruines of warre ; present danger magnanimats them , and inflames their courage , but expectation makes it languish ; so that the forrest of the south ( which is ever emulous of ampelona ) compareth their valour to a squib , or fier of flaxe , which burnes and crackles for the time , but suddenly extinguisheth ; indeed fury when the first blast is spent turnes commonly to feare , and they that are possessed therewith may be said to be like the moneth of march , which entreth like a lion , but goeth out like a lamb. ampelona is one of the chiefest climes of complement and courtship under heaven , which puts so large a distance twixt the tongue and the heart , that they are seldome relatists . most of her plants have the heliotropian quality of the marigold and tulip , who follow the motion of the sunne opening and shutting with him ; the fancy predominates more than the judgement , but they in whom both these concurre are admirable , as there is amongst them at present a notable example , which serves for a mighty proppe to the vine , and 't is well knowne no tree needs props more . for friendship , love commonly flames there , before it burnes , and so cannot be long lasting , for though first affection maketh deepest impression , yet that love is held most permanent , which dives into the soule by soft degrees of mutuall society , and is matur'd by time ; very acute they are , and cautelous in treating , & therin have prov'd ( more than once ) too hard , for plain down right dealing druina ; finally some say , one shall best discerne an ampelonian , and most to his advantage , if one looke upon him , as we use to doe upon scarlet ( his prime colour ) the dye whereof is better discernd by quicke glances , and a passing eye , then by a fixd . i write not this to derogat from noble ampelona , for i honour her in a most high degree , having practically found her better sort of trees though allowed their fancies , ( and that they participate somewhat with the corke , and are subject to be shaken with incertaine winds ) to be the most generous , daring and ventrous spirits , and fullest of resolution and mettall for their country and honour , of any upon the surface of the earth , and what was said before must be understood , as the philosophers use to restraine many propositions in their schooles , non de singulis generum , sed de generibus singulorum : no where are there more quicke inventive and penetrating capacities , fraught with all kind of scientifiall knowledge ; not any are more generally imitated for fashion , comportment and garb , which many of her neighbours doe follow to a forc'd kind of affectation , thinking they are not refin'd till then ; not any have more of the cavalier then they , the levant parts ring more of them , and their martiall atchievements then of any other nation . but i have sojourn'd too long in ampelona , i will now crosse the hils to elaiana , whence if a meridian wind bloweth , i am sure to know when i am neere her , by those sweet fragrant odours she casts from her very shrubbes , for the bruite animals there make themselves beds of rose-mary and thyme . but strange it is , and indeed very strange to me , that there being but a hill , yea a small bridge of partition twixt ampelona , and elaiana , there should bee such an antipatheticall and quite differing genius in their plants ; i know , nature delights , and triumphs in dissimilitudes , but here she seemes to have industriously studied it : the nature of the one is debonnaire and aco'stable ; of the other retird and supercilious : the one quicke and spritefull ; the other slow and saturnine ; the one bushy and tufted on the top ; the other lop'd short : the one delights in a close thicke rind ; the other goes thin and scarified ; the one gay underneath , the other without , which makes some of them to bee compared to the cinnamon tree , whose rind is more worth than the body ; the one takes the ball before the bound ; the other stayeth for it , and commonly fetcheth a surer stroake ; the one in the cariage of his designes is like the wind , the other like the sunne in the fable , when they went to try their strength upon a passengers cloake the one knowes how to shuffle the cards better ; the other playeth his game more cunningly ; the one disgests all he swallowes ; the other is subject to cast it up againe ; the one contracts and enchaines his words speaking pressingly and short ; the other delights in long breathd accents , which he prolates with such pauses , that before he be at a period of his sentence , one may reach a second thought . in fine saturne swayeth o're the one , and mercury o're the other , with whom the moone also hath a great stroake , so that some thinke the bush which the man in the moone carrieth on his backe , did grow first in ampelona , and that the wheele of fortune was made of a peece of her timber ; out of these various premisses you may inferre that there is a politicall , morall and naturall opposition and difference twixt these so neere neighbours ; both in their comportment , garb , fancy and humour , so farre , that one may say , what the one is not , the other is ▪ insomuch that if you would fetch one from the remotest parts the sunne displayes his beames upon , yea from the very antipodes ; he will agree with either , better then they one with another ; yet they both symbolize in this , that they love to look upon themselves through multiplying glasses , and the bigger end of the prospectife . but i must hasten to elaiana . a character of elaiana . and now i am come from gods blessing to the warme sun , who is a little too prodigall of his beames here , which makes the soyle lesse fruitfull , and to be a kind of wildernesse in comparison of ampelona , being like a libbards skinne , here a spot , and there a spot inhabited ; she swels so every where with huge hils ; and some would make a question whether the minds of the inhabitants or her mountaines be highest ; the tops whereof by reason of the tenuity and clearenesse of aire , ( for sometimes you shall not see in the whole hemisphere from morning to night as much cloud as would line a monmoth cappe ) you may discerne above two hundred miles off , and some of them periwigd with snowes all the yeare long , and on some , one shall find more difference in point of temper of ayre , twixt bottome and top , then twixt sommer and winter in other places ; but where elaiana hath valleys , there she is deliciously fertile , such blessings humility carieth alwaies with her ; her rivers having for the most part high bankes , and shallow bottomes , serve not for navigation , but are wheeld up into small cataracts , and so divided into sluces , to humectat the bordering soyle , and make it wonderfully productive : a cheap country to travell in , for one will hardly find meat for money , ( but sawce good store ) the conveyance of provision being so difficult , yet this scarcity carieth with it a notable advantage for military uses , wherewith nature seemes to recompence her , for her plants are the tougher thereby , and can endure more then they that sprout forth of wanton soft soyles ; moreover her abruptnesse , barrenes and heat , carry with them another mighty benefit , for she cannot be so easily overrunne by forren force , in regard that besides the difficulty of passage , an army would either starve for want , or miscarry , for the unusuall heat of the clime , which i beleeve was the reason , that the roman eagles could hardly fly over her in nine score yeares , whereas they flew through and through ampelona in lesse then nine . for the quality every thing she beares is passing good , only she failes in the quantity , and did she abound in plenty , as she excels in perfection of all things ( by reason of the full concoction the sunne makes ) specially had she corne proportionable to her greatnesse , she would prove terrible to all her neighbours . the mighty olive who now swayeth , thrives well , and fructifieth by ingrafting upon the lovely ampelonian vine . hee keepes his court neere the very centre of elaiana , like the sunne in the heavens , which being in the midst , equally communicats his beames to all . and a spacious kingdome is like a great indian hide , plant your foot on one side or corner , the other will bound up against you , tread on the middle , all parts will lye flat ; so some hold it a maxime in policy , for the prince to reside in the very navill of his kingdome , to encounter all insurrections with the more celerity , that may arise in any other part . but now me thinkes i spie a satyre with a huge bushy head rushing out of ampelona , and breaking out into this criticall discourse of elaiana ; that the time was when elaiana did containe and content her selfe within the circumference of her own boundaries , without any further encroachments , but of late yeares she hath shot up , and spread her branches farre and neare into all parts of the habitable earth , whereby shee is growne up to so monstrous and giant-like a proportion , that she is become formidable to all her neighbours , in such sort , as she puts every one to stand upon his gard , and have a continuall larum-bell in his eares ; they stand gazing at her vast bulke , and wonder when she will leave growing ; for in her politicall designes she differs from all her neighbours , in regard that whereas they do only labour and cast about how to conserve and secure what they have already , and keep the scales even , her counsels tend still to enlarge and augment her territories . the discovery of columbina , i confesse , together with the conquest , was a worke of hers ; yet it is observ'd those vast treasures she transports thence thrive little , in regard of the ocean of humane , though savage blond , she spilt there ; so that some affirme the bloud would overpoise all the gold shee had ever thence , if they were counter-balanc'd ; and as that treasure was first got by such effusions of bloud , so the greatest part of it , hath beene spent ever since in bloud , for most of the broyles of the westerne world have beene fed and fomented by it . but that immense tract of earth she holds under that clime , is preserv'd rather by the conceipt and report of her greatnesse , then by any intrinsicke strength : yet i cannot deny but her dominions are very spacious , that the sun never forsakes her quite , perpetually shining in some part or other above her hemisphere : a grandeza , i confesse , that none of all the foure monarchies could vaunt of , no not the roman , whose greatnesse was said to have no horison , though falsly , for he could never crosse ganges , or clime over caucasus , insomuch that elaiana glorieth , apollo only with his chariot can measure the extent of her territories : and they speake of certaine ambassadours that came not long since to the now regnant olive from a pagan emperour , upon whose credentiall letters was endors'd this superscription ; to the king who hath the sunne for his helmet . publike fame hath long given out that elaiana aimeth at the fift monarchy , but that is a fond conceipt of hers and building of castles in the ayre ; for she hath beene told long since by the oracle , that she shall never attaine it , because all other soyles reject her plants , and fly from under their shadow as the serpent from the ash , who will leap sooner into a fire : in so much that from those places to which she gives protection , she seldome hath any affection ; for the elaianians are observed to partake of the nature of oile in divers qualities , therefore most properly are they governd by the olive . first , oyle is observed to swimme still on the top , and the reason the naturalists give , is , because aire doth most predominat in it , so are they lifted up with an ayrie conceipt ( for ambition is nought but ayre ) that they are only design'd to be lords paramount of the world . oyle will hardly or never ( unlesse it be well beaten ) mingle and incorporat with any other liquid thing : so they , wheresoever they come , doe very hardly agree , and sympathize with any other nation . oyle hath a dilating quality , that by soft insensible degrees it spreads and still gaines upon the body where it fals , so they by politicke close wayes use to eat into , and incroach upon their neighbours , or more properly for this subject they are like the tartarian plant boraneth , which growing up to the visible forme of a lambe , insensibly eates up all the grasse round about it . lastly , oyle is slow , smooth and solid , so are they observed to be in their motion , though it be a question yet unresolved , whether their affected gravity and slownes in their negotiations have tended more to their prejudice or advantage : and they would bring all others , that have to doe with them , to follow their pace , it being one of their maximes , that policy must move after the motion of saturne , the highest of the planets : yet although they are long in consulting , they are quicke and sudden in executing their designes , and therein are rather of the nature of the mulberry , which the arbolists observe , to be long in begetting and keeping his buds , but the cold seasons being pass'd , hee shootes them all out in a night . another obstacle to elaiana's , pretended monarchy may be , that it is observ'd , the soveraigne ministers she employeth abroad in the highest kind of trust , are so intentive for the improvement of their owne fortunes , that it is growne to a proverbe , some of them gnaw , others eate , and some devoure in those places , wherein they are deputed to beare soveraigne sway ; adde hereunto that her forme of government is none of the pleasingst , for shee chooseth to rule rather by feare than love , and where shee gets any love , it is drawne as threed through a needles eye , out of the apprehensions of feare , it being one of her principles , that obedience derived from such a love is surest , in reward that feare as the carefullest and greatest house-wife of our passions , swayeth more powerfully o're all the rest , and keeps them still in centinell , and so makes good subjects , as it did gods at first , primus in orbe deos fecit timor — besides all this , as one hath lately observed , elaiana hath beene a good while troubled with a fastidious issue , which she caused to be made at first for a dizzines in the head that proceeded no doubt from that huge height she is mounted unto ; it was cauterizd at first by itelia , who fetch'd her iron from druina and ampelona ; at the beginning it purg'd only the grosse humours , but afterwards it exhausted her very radicall moysture , ( which she suckd chiefly from columbina , ) and her naturall heat ( the two columnes of life ) began to decay . she was often with apollo to have this issue stop'd , but there after a long debate , she was positively advis'd , by the unanimous vote of the most exquisit doctors assembled of purpose to know the nature of her disease , for to continue the issue still open , for if she stop'd it , she was like to fall into a worse malady , viz. a dangerous dropsie , whereof there appear'd in her some symptomes , by the unquenchable thirst shee hath of domination and rule . moreover it is lately given out that she intends a speedy pilgrimage to delphus , for a cordial against the weaknesse of her stomacke , in regard the concocting heat seems to be somwhat impair'd ; for whereas before she never used to disgorge , what she had once swallowed , she hath lately cast up some good bits , yea the most precious and sweetest she had , when she cast up the last , all her saints were a while taken away from her , so that she had not one left to pray unto ; whereby it appeares though her appetite be as good as ever it was to like all she seeth , yet the retentive vertue of her stomacke is not so strong as formerly . lastly , the regions o're which the broad spreading olive signorizeth , are squared up and downe , and dispers'd by such an unsociable distance ( which makes him receive baffles sometimes from petty companions ) that except elaiana her selfe , and not all she neither , but that part which gives the castle for its crest , together with columbina , and some trienniall donatives she hath from hipparcha , the in-come doth no where countervaile the charge of garrisons and governors . yet i must confesse , the two benefits that accrue to him by this diversity of territories are very considerable , first the opportunity to propagat piety ; secondly , to have choice of imployments for his subjects , and meanes thereby to breed up wise , undertaking and heroicke spirits ; for great commands elevate the minde to great thoughts , which being conversant with weighty , and high passages , the soule is inlargd thereby ; whereas inferiour states by their pettie employments and slender rewards impoverish and abase the fancy , rendring it too narrow for high undertakings . countries of conquest cannot bee conserv'd without continuall expence , nor their service usd with like assurance , specially by elaiana , which can relye no where upon meere love and fiduciary obedience , unlesse it be at her owne home , where i cannot deny but she is exemplarily loyall to her selfe in a high exact obedience . touching other places she may be said to hold them , as one should do a wolfe by the eares ; nor will i speake now of the crazines of her title to many of them : so , that she is never in perfect tranquillity abroad ; and she esteemes her selfe to be in a manner in perfect peace , if shee hath onely to doe with that huge bramble of alclarona ; so that it may be hence infer'd , that the olive is of late yeares much degenerated from his primitive nature , for whereas he was used to be the embleme of peace , he now ruffleth in a continuall course of armes ; and this is the reason i beleeve , that the branch of olive , which at the beginning was the ancient cognisance of elaiana , is turn'd of late yeares to the ragged staffe . the ampelonian satyre , having thus disgorg'd his stomacke suddenly ranne in , and re-imboschd himselfe . for my owne particular , let ampelona tattle what she will against elaiana , i professe to honour her for sundry reasons , i very much honour her for the solidnesse and secrecy of her counsels ; for her loyalty to her prince , her patience and admirable phlegme , her painfull and long moulded consultations ( proles tardè erescentis olivae ) her deepe prudence and circumspection , and indeed the olive being sacred to pallas is an embleme of prudence as well as of peace ; she deserves honour for her constancy , though with infinite expence and numberlesse inconveniences , for the recovery of her own ; and without doubt it was a singular blessing from heaven , that the discovery of columbina , with the conquest thereof was reserv'd for her ; i respect her for her perpetuall professed feud against the common enemy , that her plants never rove abroad to beare armes for any strange prince , whereas others receive pay , and serve under the banners of infidels , and oftentimes against their owne naturall princes ; and as for warres , so for wares they goe not abroad any where to trafficke but into the dominions of their owne prince , which makes the olive to have no small advantage of his neighbours upon any sudden breach . amongst other places where the martiall olive shoots forth his imperious boughs , leoncia is one , and thither i am bound next , but the worst is , that i must passe through the very heart of ampelona ; a mighty incommodity . for she being in perpetuall diffidence , or actuall enmity with her , but alwaies emulous and suspectfull of her , i am afraid to be stop'd or searchd , if not strip'd in the way ; and if i passe by sea , i may chance fall from the trying pan into the fire , i meane into the hands of the italians , who of all other are most skilfull in rummaging and pillaging ; besides i use to have a squeazie stomacke on salt water , for i doe nothing but tell what tree the shippe is made of . a character of leoncia . — noli irritare leonem . and now have i gaind leoncia the cockpit of the westerne world , and academy of armes for many yeares . the moderne ( though meanest ) kind of militia is here altogether in practise , which consists in blockments and batteries , not pitch'd fields . never was there such a small circumference of ground , so turnd up , and unboweled by the pioner , so watred with bloud , and calcin'd as it were by the flames and fury of warre : which hath made it a fatall peece of inheritance to elaiana , who hath tuggd here so long for her title , with such a vast profusion of treasure and effusion of bloud , that if she had not bin draind this way , she might have tiled her palaces with occidentall gold and silver , and by this time happily have made her selfe mistris of timaurania her next transmarin neighbour , and regaind the mount of olives and achiev'd other high feates against alcharona : the vast expences she hath beene at , to reduce leoncia to her old obedience , and entire subjection , exceed the value of the thing it selfe forty times over at least , if all leoncia were to be sold in the market by out-cry ; and questionlesse envie her selfe must needs acknowledge this so costly a constancy in elaiana never to abandon her owne , to bee a brave magnanimous vertue . leoncia hath many groves of different plantations , but in the stemme of elaiana they all met as lines in one center , and came to be ingrafted all upon one stocke , some by conquest , others by donation , and cession , but most of them by inoculations ; there was a designe more than once to reduce them all to a kingdome ; but the multiplicity of customes , and miscellany of municipall rights , that sundry places clayme by inheritance , were not compatible with a monarchy : and the invading of this freedome of customes with that of the conscience , was the first fatall cause of leoncias revolt from her alleageance to elaiana . the royall olive was solemnly sworne at his inauguration to observe these things inviolable ; then to come to visit her once every seventh yeare , himselfe ; as also to ridde her quite of all forren force , and to performe other obligatory conditions ; but hee being once gone , and being dispensed withall for his septenniall visit by a holy instrument from petropolis , he resolvd to governe them by subalterne ministers , who it seemes scrud up the pinnes of power too high , they layed on new taxes , fell'd down some of the ancientst tall trees ( as the roman did the heads of the poppies ) so that they might bee compard to the axe in the fable , who having got a handle of the woods with much entreaty , fell afterwards to cut downe and destroy them at pleasure : a counsell of bloud was erected , and a harder yoake layed upon the conscience in holy rites . one reason the olive gave , was , that leoncia her selfe began to infringe her old priviledges by introducing new formes into divine service , and abolishing the old , in which by vertue of his primitive oath he was indispensably sworne to continue them ; and thus the argument was retorted . druina and ampelona intervend to compose these differences , but they had a short answer of the olive , that hee needed not the helpe of any , to reduce his own subjects to conformity , but the oddes that were , he would referre to the cedar his cozen , who as it seemes proving no indifferent arbiter , leoncia sheltred her selfe ( though druina had the first tender made her both of protection and soveraignty ) under the branches of the royall vine , who sending the very next of his owne stemme to governe her , he attempted , by the praecipitat counsell of some greene springals about him , to ravish her , and render himselfe absolute . but hee had a foule repulse ; yet she profferd againe her protection to the vine , who having a most pernicious fire kindled ( as it was thought after by the factors of elaiana ) within the very bowels of his owne forrest , hee had worke enough cut him out to extinguish that . hereupon shee made her humble recours to drvina , who as well for her owne securitie ( as the state of things then stood ) as movd with much princely compassion to succour the afflicted , gave her shelter . in so much that ever since druina hath servd her as a backe of steele , and her forces have beene the very sinewes of her strength against the stroakes of the ragged staffe , and the iron rodde of elaiana ; who in those groves shee reserves yet under her protection and obedience , continueth to cut and loppe her to close , that one shall heare up and down a repining rather against the harshnesse of government , then a desire of revenge against the enemy . a character of itelia . — et jam nos inter opacas musa vocat salices . amongst others which did emancipat themselves from their obedience to elaiana , itelia was the chiefe , who by creating her grove of willowes to a republicke , and drawing after her five and more of the neighbouring groves into one body politicke , in lieu of the olive , tooke the orenge to governe her , yet farre from the degree of soveraigne power , but rather to serve her in a high martiall way : and to beare up against the orenge , the olive did luckily light upon a notable ligurian thorne who made the willowes to feele his prickles in many places , and twixt the orenge and thorne sundry brave encounters , and cunning traverses of warre happened . by these meanes itelia brought one of her fisher townes to bee the prime mart of all leoncia , and to a stupendious height of commerce and riches , and other strange feates she hath done since , to the astonishment and admiration of all that know her . and it seemes all things conspird to raise itelia to this passe ; first , the distance of her great master ; the humor of her plants being of a nature patient and industrious and more inclinable to a democraticall government ; adde hereunto the quality of the country every where indented with water , and therby fortifi'd , and made inaccessible , nature her selfe undertaking that way her protection , so that she can overwhelme and turn her selfe into one pond when she list . hereunto concurd a further advantage of situation , having behind her elatena , and her great king the fir , for her friend , and those places which affoord all kind of materials for shipping , and for all kind of nutriment and military supplies hard before her druina and ampelona , both swarming with superfluous graffes , and suspectfull of elaiana's greatnesse , and thereby not unwilling to contribute strength for community of danger , and consequently of reciprocall conservation , which must needs be the strongest tie of politicall love . but now mee thinkes i spie againe a sunne burnt wainscot fac'd satyre rush out of elaiana , swelling with spleene and revenge and bursting out into these vociferations ; that itelia is the nearest neighbour to hell of any place upon earth , because seated lowest , and so is thought to conferre sometimes with infernall spirits : that she is a double vsurpresse , in detaining not only elaiana from her right , but the very fish of the sea also from their habitation ; that she lives upon others idlenesse ; that her state is patch'd up of depredations ; that she is the rendevous of all schismatickes ; that if one wanted a religion , he might have his choice there ; that god and nature never intended her for a mansion to rationall creatures , she being destitut of the most necessary things that conduce to maintaine them ; that she burnes up her earth before the day of judgment ; that whereas her willowes were usd to bee of a pliable and humble nature , they are degenerated lately to trees of a tougher bulke , yea into stubborne poplars ; so that if occasion were offered , the oke and the vine would find it a harder taske to suppresse them , then ever they had to raise them ; that in her negotiations with druina and ampelona shee hath turnd entreating to treating : that she hath beene the incendiary directly or collaterally of all the combustions that have happened this side the line , ever since her revolt from the olive ; that she is a forge of false coynes , whereby she hath damnified elaiana as much as any other way , by importing counterfait stampes : that shee hath rare inventions to export gold and silver , to raise or depresse their rates , and abase the allay ; that she hath reaches beyond ievve , or genoway in new wayes of vsury , in bankes , lotteries , and lombards , in bargaining and bartering , for shee will make the fox tayle pay for the whole skinne ; that she marr's her neighbours markets abroad , underselling them in their owne commodities ; that shee is growne extraordinary witty in devising new tortures , by fire and water , as she made tryall lately upon the druinians in baymona : in fine that she is a nest of water ratts , a mount of pismires , the caterpillar cankar and cobwebbs that infects the olive and hinders his further growth , the verminet that corrodes his mines . thus the elaianian satyr did rave , and rend the very ayre with his loud clamors , but in regard they are but the fruits of adusted choler , and the evaporations of a vindicative spirit , itelia needs not much care for them , besides she must give loosers leave to speak . for my own particular , i professe to respect and love itelia for divers regards , yea , i admire the itelians for their industry and inventions at shore & sea , where they swim like elephants , whiles other wade like sheep , and indeed they are the only doers of miracles in these moderne times , for they force an habitation with infinite expence and paines out of the very jawes of neptune , by checking his impetuous billowes , and teaching the world , how much art , can curbe and controule nature . i love them for their cleanlinesse , in their food , fabrickes , and shipping ; for their singular parfimony , for their perseverance , and indefatigable pursute of their designes at home and abroad , for that rare unitie and unanimous zeale they have to the common good , which is such that so many differing groves seeme to be but one tree girt about with the cincture of concord . i wonder at them for their prudent and equall distribution of wealth , not one amongst them being excessive rich or excessive poore , nor upon any part of the earth fewer beggars , it being as rare to see one there , as it had been to have met with a poet in platoes common-wealth . i honour them for their exactnesse in military discipline , for no where is the marching souldier more regular , i commend them for their plain downe-right dealing , and punctuality in payment of cambios , contracts and the souldiers salary , and herein give me the service of a common-wealth , rather than a kingdome ; and lastly , i must love them in regard they are the surest confederates of druina , for i know not , where else she can picke out a fast friend , or reposefull confident of such reciprocall interest , and whose politicke ends are so concentricke ; a friend that will shine with her in the darke , if need be , as old willowes use to doe : that she helpes away druina with many of her superfluous graffs , and breeds her military instruments , and touching the mutuall dependency of conservation betweene them , that embleme of the two pitchers swimming together representing druina and itelia with this motto , si concutimur , frangimur , carieth with it a great deale of truth . i respect her that she stucke close to druina in two great actions ; one of defence , the other of offence against elaiana ; and could elaiana have brought her intentions home to her aym , as to have rangd all leoncia to an entire obedience , and so have made her her chiefe rendevous , and magazin of instruments of warre , and academy of armes , what just danger and perpetuall concussions of feare , she would have struck into druina and ampelona also , one of a meane capacity and foresight may easily judge . and now that itelia is come to so convenient and settled subsistence , it were no unwholesome advise that she would take for her motto , — nil ultra , hic terminus esto . a true maxime it is , and ever hath beene , that , that state which goeth out of the lists of mediocrity , passeth also the limits of safety : there is a cloud of examples to this purpose : while sparta kept her selfe within those boundaries that lycurgus prescrib'd unto her , she was both safe and flourishing ; but attempting to enlarge her territories by new acquests of other cities in greece and asia , shee went every day declining : but what need i rake the ashes of antiquity for instances so farre off ? let adriana her sure friend and confederat forewarne her , who no longer then one age agoe , thinking by offensive undertakings upon her neighbours to spread her wings wider , was like to mewe all her feathers . therefore itelia should doe well , to stand now chiefly upon the defensive , specially neere home , for it is no lesse prudence , to preserve then purchase , and if she thinks to grapple more , i feare it will weaken her hold , and must needs prejudice some places which now flourish with commerce under her , that have risen out of the ruines of these she goeth about to fasten upon on further , and besides ( which is not the least thing to be thought upon ) it will breed scruples and ombrages of doubts in her confederats , and draw on her selfe more envie then she is aware of . it is not improper that the itelian is compard to the ant for his sedulity and labour ; and let him still continue an ant , for if he thinke to turne to a fly elaiana will tell him she hath a proverb , that god ●ives winges to the ant , that she may destroy her selfe the sooner . the truth is , that itelia is growne up , by an extraordinary industry , to a mighty height and subsistence of wealth , and navigable power : and the world is now at that passe , that he who is lord of the sea , is also of the shore ; nor i dare avouch , did the roman republicke though as well swadled in her infancy , as any that ever was , come neere her in so short a time , and some observe that in her proceedings she drawes to a neare analogie with the r●man , whose two most advantagious vertues in casting the foundation of that vast monarchy , was paines , and parsimony ; for the first , she is admirable , specially at sea , where she swimmes like the great leviathan , and carrieth away druina's fish by whole fleets , turning them abroad into present treasure , or bartering them for rich commodities ; and this may be said to be one of the maine staples of her commerce . it is trafficke that gives her a being , in the mystery whereof she over-reacheth all others , for navigation being her only trade , and having little or no lands at all to manure , she digges into the bowels of the deep , and having had in times pass'd but a few fisher boates , she now displayeth her colours through all parts of the vast ocean , where any of the windes blow , which from the number of foure shee first brought to a subdivision of two and thirty , and of these foure worthies which compassed the terrestriall globe one was hers , two of the other of druina . and it seemes nature her selfe hath purposely design'd her natives and the country it selfe for navigation and negotiation ; them , as i said before by a dextrous kind of propensity , the country , by apt position ; for many mighty rivers passing through her territories to disimboke themselves into the ocean , they may bee said to pay her tribute as well as to neptune ; which rivers branching themselves into large and bearing streames , doe so fitly serve one another , and all the whole , that it seemes dame nature , in framing humane bodies did not discover more providence in the distribution of veines and arteries for the easie conveyance of bloud into each part , as she hath shewd here in dispersing , and disposing of those waters so orderly for trafficke : these rivers bring her what the large continent of rhenusium , and other easterne dominions use to affoord , and she lying betweene them and the sea , furnisheth them with all sorts of far fetchd forren commodities ; thus she makes a rare vertue of necessity , for having almost nothing of her owne , yet she abounds with all things . furthermore it is observed that war , which useth to impoverish others , enricheth her , for navall prizes make up a good part of her wealth ; but while want and war makes her thus trot up and downe , it is questiond , if her plants were rooted in some selfe sufficient soyle , whether they would still continue so industrious ; or whether they would subsist as well if they were suffered to rest in a supine and perfect peace , as they have done hitherto in war ; peace leaving every one to attend his particular pleasure or profit , while the apprehensions of feare in time of warre make all concur for the common safety : and the long familiar habitude , they have had of armes is such , that they have as much certaintie in their art of war , as others have in theirs of peace . touching these doubts i will not undertake their decision , but leave it to them , who have felt the pulse of their dispositions longer then i. there is no part of the habitable earth , considering the small circuit of territory leoncia hath , where there is a greater number of martiall instruments , for the olive cut his ragged staffe out of one of these groves , at first , where there is also a greater confluence of all sorts of exoticke plants , and where one may find more differing rites , customes and tempers of humors . they that border upon ampelona are quicke , vivacious and approaching the conversable nature of their neighbours : they that spring up in the middle part , which are the right l●oncians , somewhat more flow , and retird . the itelians discrepant from both , respectlesse of gentry , of few words , for they barrell up commonly more then they can broach , and so may be said to be like a great bottle with a narrow necke ; yet are they most cunning and circumspect in negotiating , specially when they have bin tampering with the vine or the hop , and are dabbled a little with their liquor . they are of a homely out side , and heavie in action , which heavinesse is recompenced with two notable advantages , advisednesse and perseverance , mighty friends to great attempts ; and all this may be imputed to the property of the soyle it selfe , which being all twixt marsh and moorish , hath such a qualifying force , that when plants of a more vivacious temper come to ingraft amongst the willowes and osiers , their imps presently partake rather of the nature of the soyle , then the stocke , and so doe all animals else . having thus travers'd the diameter of ampelona , visited elaiana , pass'd through leoncia , and taken such a painefull survay of itelia , and her associated groves , i should seeme injurious to druina to have saluted her so slightly ; therefore i will re-imbarke and steere my course thither againe , and then proceed in my maine designe . of drvina . aand now me thinkes i am arrived in a little new world , so selfe sufficient that she seemes as it were to thrust away from her all the world besides , as being a substantive that can stand by it selfe . this is shee upon whom the beames of true piety did shine in the very infancy , for no sooner had the roman eagles beene there displaid , but the standard of the crosse appeard : the first emperour and king that ever marchd under that banner issuing out of her bowels . this is she , who had three great kings her captives at once , who made one of herroyall okes carry away in triumph ampelonas lillies upon his victorious branches where they have growne and blossomd ever since . the imperiall cedar servd under her colours , quartering his armes with hers , and receiving pay himselfe ; and in that martiall forrest of ampelona , her exploits were so admirable , that it hath beene questiond , and that by no meane critickes , whether her 's there , or sometimes rome's high feates of armes against the hannibalian carthage were more difficult and glorious . this is shee that performd such costly expeditions and martiall pilgrimages to the upper world , and in her voyage thither ( as a revenge for inhospitality ) conquerd the citherean isle , and for her exemplary prowes was offered the crowne of the holiest of citties , and more then once the imperiall diademe of the westerne world ; her monarques living in that sublimity and largenesse of repute , that they were taken to bee the common arbiters of soveraigne quarrells up and downe the world . in fine , this is she who of late yeares raysd the willowes to such a height from a company of shrubbs , by preserving them from being crushed by the ragged staffe of that broad spreading olive elaianas king , whom she exhausted and reduced to such an exigent , that by publique declaration he proclaimd himselfe insolvent of those vast summes hee had taken upon credit ; whereby it was then sayd , hee made more ill faces up and downe amongst the banquiers on the exchanges , then ever that famous painter michael angelo made good . this is she who cloathes not onely her owne natives and circumiacent neighbours , but the remotest regions of the earth with her rich fleeces , where the innocent creatures that beare them in that exuberancy , being free from the affrightments of all savage and rapacious animalls , feed securely upon the luxurious honysuckled earth , which dame nature , by a most exact distribution ( as if she had wantoniz'd and plaied the bawd with her selfe ) hath cut out into varieties of sportfull plaines , fertile valleyes , and delightfull hills , whose bowells in sundry places are pregnant either with inexhaustible veines of most usefull , and well concocted mineralls , or necessary fuell : no region abounds more with chases , parkes , woods , groves , and goodly trees , and of all other , druina is beholden to trees , for with their boughs a good part of her preserved it selfe from the enemy by a notable stratageme : her lower region swarmes with all sorts of fowle , her rivers with fish , and her seas with whole shoales and mountaines of them , which her neighbours know too well . this is she which for the benignity of the clime is called the female paradise , and not without good iudgement did that great archflamin give her youth the attribute of angels , shee produceth such pure complexions . and the heavenly ( bodies it seemes ) worke not here outwardly onely , but they have an interne inclinatory operation upon the motions of the mind also in a different manner from others , for her natives are not so light and airie , as her next transmarin neighbours , nor so affectedly grave and slow as others , nor so dull and heavy as those of that soyle , whence they were first transplanted , but of a middle composed temper , symbolizing nearest with them of bombycina ; and it is well knowne , that the druinian hath bin evrey where so cryed up for an innated integrity , that before he mingled with forreners , and so by coalition with them grew more mercuriall ; he was accounted the uprightst dealer of any other upon earth , and to this day hee retaines much of his primitive esteeme , that in divers places abroad , his very word will countervaile the bond or pawne of another . to conclude , this may be termd the land of fortune , and a microcosme of her selfe , which by the gentle influence of the starres , abounds with that affluence of all things , that for hospitality among her owne , and towards all commers else ther 's not her parallell : her delight is to have old trees without dores , and old servants within ; and indeed so plentifull she is in hospitality , that i have heard druina taxd abroad , that too many in her , do use to digge their owne graves with their teeth . besides , some thinke that since the hop hath got amongst them , her trees being subject to be fild with stones and gravell , it hinders the length of their growth , withall , t' is observd the grape doth them no good , being of late yeares usd to be so sophisticated with sulphury heterogeneous mixtures ; adde hereunto their too early inoculations ; and that odde kind of smoake which hath fatally got amongst them , and being so excessively suckd , must needs dry up their radicall moysture , and so hasten their fall : but all this is accidentall : i will end with one property druina is cried up for , above all other , that when forreiners , though sprung up under the daintiest climes take once rooting in her , she makes them quickly forget their owne homes : as if the lotus grew only here , the vertue of whose fruit is , to cause in the eaters an oblivion of all other soyles ; and indeed the lotus of all other trees hath most affinity with the oke . there is no place upon the habitable earth , where the muses have two such dainty groves of laurels , so choice and rich seates , which both for plentifull exhibitions , and sumptuous edifices of that kind are unparalleld : they perpetually produce hopefull young cions , which germinat with all kind of knowledge , and come by degrees to a perfect maturity , whereby she is alwaies furnished with nurseries of scientificall graffes , which she disperseth up and downe to unfold the sacred oracles , for which she is now as renowned , as some times she was for her druyds ; and for a cumble of all felicity piety shines here in her genuine true lustre , neither adulterated with any forc'd colours to set a specious glosse upon her , by any phantasticke forme of outward ceremony ; nor is she bereavd of such decent robes and rites ( whereof some fanaticke spirits would strip her starke naked ) that may make her appeare in a venerable and comely garb : this stately forrest hath multitudes of gentle lodges , and strong retraites , amongst which the great emporiall tamisond is the prime , which take all her dimensions together , ( for she hath not the advantage of the circular figure ) with her suburbian , and conterminent fabrickes , may well compare in magnitude and number of soules with the greatest assembly of houses in the lower world . for wealth and an ubiquitary commerce , none can exceed her , and for government diurnall and nocturnall with a grave rich and magnificent magistracy , ther 's not her fellow . the proud river which makes her bed at her feet is arched over with such a curious pile of stones , that , considering the rapid course of the deepe streame that roares under it , may well take place amongst the wonders of the world ; the nereian goddesse comes twice every naturall day fourescore thousand paces off to visit her , to render her thankes as it were , for the rich tribute she useth to pay her . here is the imperiall chamber of druinas monarque , the prime rendevous of nobles and gentry , the sole staple of the marchant , all the prime tribunalls of justice and equity , and no where is the criminall part thereof so cautiously executed , or the life of the meanest shrub more valued , i could wish the civill part were answerable in point of expedition , and that iohn an okes had not so many turnings and windings in this forrest . in summe , this is the epitome of all druina , so that some have askd abroad whether druina bee in tamisond , or tamisond in druina ; and herein ( and that not undeservedly ) druina is taxd abroad of a solaecisme in her government , that she should suffer to run into one grove , that sap which should go to vegetat the whole forrest ; so that some have compard tamisond to the spleene in the naturall body , by whose swelling the other members become ill affected ; whereas her forren neighbours , by a wholesome distribution appropriat some staple commodity or peculiar charter of commerce to severall places , whereby they equally flourish , grow populous , potent and opulent . a character of cardenia . towards the septentrionall corners of druina , there stands another forrest which serves her for a shelter as t' were against blustering boreas , well set , but nothing so thick , with stout and tough trees ( though growne somewhat knobby of late ) of a different plantation and policy , which hath beene but lately co-afforested with her : at that time when she threw the fortunat cast of sice-ace , and when to her three former lions , there was a fourth added for her defence , which made druina verifie that , which all former ages held for a paradox , and take for the burthen of her song ( and i hope there will be never cause to the contrary : ) omne bonum nobis ex aquilone venit . an ancient forrest she is , for she pretends to shew a continued uninterrupted succession of above one hundred kings . as at other times , so specially this last halfe century of yeares , she hath produced many ventrous and martiall spirits , who for their prowesse in the north east parts have purchas'd a great esteeme . a long time the royall vine made use of her trees as of matches to set druina a fire , whensoever she attempted any thing against him , puzling her with unlucky diversions , therefore the vine reserves to this day a row of them about him for his safety . this caus'd many of the martiall okes to make sundry shrewd inrodes into cardenia , so far as to bring away her kings captive , and make some of them breath their last in battaile ; but now for the greater glory of druina , they are both ingrafted upon one stocke into one body politicke , and receive mutuall benefit from each other , the one sappe , the other strength ; for by this conjunction , i hope , druina may rest secure , that the lillies shall never hereafter make use of the thistle against her roses ; and so shee may prove carduus benedictus unto her . a character of monticolia . towards the hilly corners of druina remaine yet her very aborigenes , and ancient indigenae , the first nursery of plants , that sprouted out of her , fatally thrust amongst an assembly of mountaines . they long time wrastled and strenuously tug'd for their libertie , and that with a no lesse magnanimous then constant pertinacity , yea when they were reducd to a handfull , hem'd in betweene those hills , they did notable feates ; at last being over set with multitudes ( which hath beene the fortune of the bravest spirits upon earth ) they chose to bow a little , rather then breake . yet with this proviso , that the princely spray which should be their toppe tree , should spring forth from amongst themselves : so prevalent is the instinct of nature , and energie of fancy they beare to their owne soyle . and very remarkable it is , that after the revolution of above one thousand yeares , and so many turmoyles and changes of governments and masters , ( druina having foure times yeelded to the fury of forren force ) the just hand of providence should bring the royall oke to sprout againe out of this ancient stocke , and that druina should resume , and be knowne againe by her primitive denomination ; a race of resolute stout trees they are , much valuing the antiquitie of their growth , and so abounding with mettall and heat , that they quickly take fire , and become touch-wood ; they often clash their branches one against the other , and very sensible they are of parting with the least drop of sappe . the trident-bearing god hath not such secure and commodious inlets , or rather a gallerie of clossets , to court and imbosome himselfe into our grandame earth , in all the vast expanded ocean . the prime of the nine hero's ( whom beside that which is fabulous , there is truth enough to make famous ) was a plant of this growth , by whose conquests druina may lay just clayme ( though she had no other ) not only to lurana , but other dominions also , nay if first discovery may entitle a right , to columbina also , which as some strongly conjecture , was found out by a straying prince of monticolia seven ages since : and this presumption is drawne from the analogy of speech , wherein there are diverse words that are the same in both languages , both for sound and sense , with other traces and markes . the most admird of all prophane prophets whose predictions have beene so much scann'd and cried up , and are yet valued up and downe the world , did vaticinate here : and the first monastery that ever the world had , wherein the sacred fire of christian piety did burne , was amongst these mountaines , the sparkles whereof flew so far , that diverse regions , which groapd before in the darke corners of paganisme , were enlightned thereby . beside observable it is , what a precious blessing is lately found out ( having beene reserved and lockd up as it were all this while in natures bowels ) to make this most ancient part of druina happy now in the decrepit age of the world ; a rich mine and generative mint of treasure , the gainefull returnes whereof , exceed more and more the labour and charge of those multitudes that are hourely set a worke thereby . a character of lvrana . opposit to monticolia lurana stands , separated by a most boysterous and working sea ; she is replenish'd and very thicke set with strong and well trunked trees of all sorts , reduc'd at last to a perfect obedience to druinas diademe partly by voluntary reddition & desire of protection , and partly by conquest : a multiplying and healthy spacious forrest she is , plentifully furnishd with all those benefits , that aire , earth , and water use to affoord for necessity or pleasure . there are no where such huge ponds and fresh lakes , with goodly rivers and safe maritime harbours inviting forren commerce , the soyle fatt and luxurious in diverse places , and antipatheticall to all venemous creatures , as druina her neighbour is to all ravenous ; her lower region is stird , and rarified with fresh quickning windes more frequently then other forrests , which makes her lesse subject to contagious diseases ; so that i beleeve the saying of that elaianian generall ( who being asked what he thought of lurana , answered ; that when the ill spirit profferd our saviour all the kingdomes of the earth , he verily beleeved he intended to have still reserv'd lurana for himselfe ) proceeded rather from the resentment of the ill successe and disgracefull repulses hee had there , then from any sound judgment , or demerit of the country ; nor can i subscribe to him that said lvrana was a good countrey for them onely to live in , who wanted a countrey , that sh●e is a fripperie of bankerupts , who flie thither from druina to play their after-game . the plants here are of a strenuous bulke , agile and very patient of hardnesse , though not of labour , for the greatest fault of this great forrest is , that shee swarmes with too many drones , whereby shee may bee called insignis , sed segnis terra , somewhat incomposed they are in their trimming , extraordinary tender ( and so are the brute animalls also ) of their young ones , crafty and of a passable reach of understanding , light of beliefe and great listners after newes , which may bee imputed to the long time of their unsettled government , fearing alwaies some innovation or imminent danger , and by reason of their frequent revolts they have drawn upon themselves the pressures of war so often , that it seems to have somewhat cowed their spirits , as may be gather'd from the very accent of their words , which they prolate in a whining kind of querulous tone , as if they were still complaining & crest-fallen ; nor do they beleeve to have come yet to the worst , for they have an old prophecy that the time will come when lurana shall weepe o're the druinians graves . before this rough forrest was civillizd , and trim'd by druina , she had peculiar lawes & customs of her own , but some of them were such that as one said , if they had been practis'd in hell they would have turnd up tupsiturvie the very kingdome of satan , some of druinas monarckes made voyages thither in their own persons ; and many of the royall stemme were sent to governe , but alwayes one of her prime elmes , to whom i read of foure generall submissions that were made ▪ but the conquest could not bee consummated till of late yeares , which may be imputed to some errors in the course of civill and martiall policy . it was the practise of that selfe admiring mistresse of the last monarchy , into all countries where she tooke footing , with the lance to bring in her language , and lawes ; this was not done here , but the natives were left still incapable of druinas lawes , which only extended to her owne plantations : so that the law of the conqueror , did neither protect their lifes , nor revenge their deaths , for it was no felony to fell downe any of them , yea in time of peace : nor in civill causes could they implead or commence sute against any of the druinians , or imbud , ingraffe , insoliat or inoculat upon any of them unlesse he were formerly infranchizd by charter of denization ; so that the meere luranians were reputed , out-lawes , enemies and aliens in their owne soyle ; but this may be ascrib'd not so much to the policy of druina , as to the great ones that came thither from her to plant themselves and push on a fortune , who disswaded the communication of druinas lawes to the natives , because they might oppresse , spoyle , rob , peele , proyne , and grubbe them up at pleasure ; in these unsettled times many of druina , and of late yeares of cardenia also tooke firme rooting in the best and fattest soyles of lurana , so that they are growne since to a notable height ; amongst whom ( now that i treat of trees ) the corke did thrive wonderfully , and no doubt but by a singular benediction from above , the dew of heaven falling so plentifully upon his endeavours , as appeares in all his branches , which he sees grafted upon noble scutcheons , and honourable shields ; so that he may be call'd the miracle of his time , all things considered . another reason that hindred a settled peace , and period of this conquest , was those vast proportions of lands which were distributed among druinas adventurers , which were such , that the whole forrest was in a manner cantonizd amongst a very few in number , of whom some had regall rights , there being eight county palatines at once where the royall writ could not runne ; they had also implicit commission left to discretion , and not tied to any regular forme of plantation ; and those huge tracts of ground they lorded over begat wealth , wealth usherd in pride , and pride tumultuary contentions amongst themselves , which gave the luranians advantage to fish in those troubled waters for their liberty , and make often encroachments upon them ; but had the oke himselfe gone to the forrest , the inferior trees had not shot up so high . another mistake was , that the first undertakers made ill choice of the seates of their habitations ; for they erected forts and houses in the open plains , turning the natives into the woods and places of fastnesse , whence they made eruptions and retraicts at pleasure , and whereas caesar sometimes spake of the scythians , difficilius erat invenirc , quam vincere ; these were the over-sights in civill policy , now there were also some in the conduct of the martiall affaires ; first , the small handfulls of souldiers druina sent , which came either unseasonably , or ill accommodated and payed . then the cold pursute of the maine designe , which like fire newly kindled under greene wood , was often made to flash a little , and so left to goe out . so that for the reduction of this spacious forrest to a perfect rule of obedience , druina stood all this while in her owne light , and could not see the wood for trees : untill there sprung up a notable virago a princely female , for whom it seemes the high hand of providence had as it were pointed out , and reservd this exploit ; who besides the suppression of some intestine rebellions in her owne forrest , the raysing of itelia to a free and faire grove of willowes , and reaching her princely boughs to settle the crowne of ampelona upon the right royall vine , besides the navall wars with elaiana , and sundry other costly diversions , yet she made a full and finall conquest of lurana ; and this worke was done in a fulnesse of time , and concurrence of all felicity , when her royall successor was to bring another soveraigne crowne to aggrandize , and adde to the imperiall and triumphant glory of druina . her predecessors in their course of governement did but sometimes cast up the ground , and so leaving it fallowe , it became quickly oregrowne with weeds ; but shee like a great houswife did cast seed into it , sowing therein her owne lawes , and utterly extirpating all other ; she did ingraffe all upon one stocke , making no difference twixt the luranian and them of druina , by which coalition she received all alike into her immediat protection under the safe shadow of her royall branches , making the beames of justice to bee equally displayed upon all with like lustre . yet for all this there was little returne of the vast expence of treasure that might have served to purchase as great a crowne , which was imployed to compasse these ends , nor could lurana though a most copious countrey of her selfe , bee brought by any parsimonious policy to support her selfe , but still druina must part with her very radicall moysture , and wast her owne vitall spirits to preserve her authority there , untill that of late yeares the royall oke did light upon count rhodophill ( a stout and solid instrument most proper for so knotty a taske , as well for courage as counsell , and cut out for government and high affaires ) who balancing all matters in the scales of his high and spacious understanding , hath so rectified all obliquities , beginning first with the vindication of wrongs done to the house of the almighty ; and so regulated the exorbitant expences both civill and military , that the old arrearages under which that crown had long gron'd being defrayed , he hath brought lurana to uphold and maintaine her selfe , and returne druina for her protection , fruitfulnesse , and reducement to civility , a setled tribute proportionable to her greatnesse and plenty ; so happie and advantagious it is ▪ for a prince to employ an able and idoneous minister for the conduct of his state affaires ; he hath woun'd up the strings of that musicall instrument ( which lurana gives for her crest ) so dextrously , and tuned her orpheus-like ( who in times past by his melodious straines made the very trees to follow him ) to such a key , that she never gave a truer note ; and indeed the right way was never hit upon , untill now ; druina's majesty never stood so high a tiptoe , nor shind with a greater lustre ; the soveraigne power which druinas monarcke useth to transmit for ruling and regulating that rough forrest , was never so individed and entire in the person of one , whereas before some of the great ones caried themselves in that height , as if they had beene colleagues with him : the scales of iustice never mov'd more equally , for whereas before matters pass'd through a large grate , they may be said to be sifted now through a silken sive : commerce never flourished more ; and the military forces ( which are the finewes , and best security of a conquerd countrey , ) were never better appointed , more exactly disciplind , and punctually paid ; and whereas before , all places of profit and honour were either ingross'd or forestalld by reversionary grants ( the bane and bug-beares of industry ) or confer'd upon unwor●hy and ill affected ministers , druinas monarque may now exercise all acts of grace and bounty with more freedome and choice ; a singular incitement and golden spurre to vertuous and active spirits ; lastly , the royall desmesnes and treasure was never more improv'd , for whereas formerly lurana servd as a goose for every one to plucke , her feathers goe only now to fill the pillow of the crown : so that putting all this together , lurana may say as once that seven hild citie which was head of the last monarchy ( and pretends to be still of the hierarchie ) did say , lateritia fui , futura sum marmorea . but i have wandred too long in this forrest , i will now hoise sayle , and returne to druina , where i shall fixe my selfe a while , but in regard the wind is not faire , i will stay a little , and spend the time to deduce out of what hath beene spoken this short corollarie . touching the relation that druina with her united crownes , hath to other states , it is to be considered , that the power of this part of the world , is balanced betweene the oke , the vine , and the olive ; as for the cedar and others , they shall come in hereafter . elaiana hath the advantage of both the other in treasure , but shee is thinne planted , hath diverse nurseries to supply , many irons perpetually in the fire , wants corne , her dominions lye scattered , hath bold accessible coasts , and the conveyance of her bullion from columbina subject to bee intercepted in the passage ; and should druina breake out againe into any traverses of warre , and serious hostilitie with her , druina hath lately got no small advantage of her , by acquest of those islands which lye in the carreere to columbina , which she colonizeth , and fortifieth dayly more and more . ampelona is thick set , and abounds with stirring spirits , lyeth close together ; and being roundish and passable , no one part is farre from succouring each other : shee super-abounds with corne ; which is quickly convertible to coyne ; and being the common mart and thorow-faire , lying in the middle of so many great neighbours , can never want money : insomuch , that if you goe to the intrinsique value of things , shee will not , in regard of these advantages , want much in weight , of the huge bulke of elaiana . druina being surrounded with the sea , and having alwayes so many moving invincible castles in centinell , is hardly to be invaded ; her king being sayd to keepe as a tortoise in his shell , and having many other insularie advantages . so that it may be very properly sayd of the oke , as the holy prophet speakes of another great tree ; that the waters make him great , and the deepe sets him on high . druina would hardly be able to deale with any of the other single , unlesse upon the defensive ; but joynd with itelia , she can give them both law at sea ; and confederating with either of the other two , she is able to oppresse the third . now , the onely entire head that confronts elaiana's greatnesse , and is the remora that stops her progresse , is ampelona : therefore , that saying carryeth with it a great deale of truth , and no lesse caution ; that the day of the ruine of ampelona , is the eeve of the subversion of druina . therefore , from the time the olive grew to be so great , druina for strong reasons of state , hath inclind ever since , rather to maintaine ampelona , then any way to enfeeble her . and once , when the adventrous vine was taken prisoner by the olive , which was about the time that the olive began first to shoot out his branches so wide , the oke did contribute to ransome him . moreover , in that memorable great incendium , which rag'd so long by intermissive fitts throughout the whole body of ampelona ; to quench which , elaiana , out of pretence of zeale to religion , sent great barrels of water , though some say they were filld with pitch and oyle , which did rather encrease and feed the fire : i say , at that time , when there was a designe to provinciate the whole kingdome ; druina , though offerd a canton , would not accept of it . so then , this linke of mutuall conservation enchaining them , the oke may be presumd to be a sure confederate of the vine and the willowes also , all the while they containe themselves within those bounds they are in , at present . but if they should over-master the olive in leoncia , it would much alter the case . no addition could make ampelona more dangerous and suspectfull to druina , then leoncia ; for so it were farre worse then if the olive had all leoncia solely to himselfe , in regard they would fall into one continued and entire peece . but to conclude , there cannot be a truer maxime , for the safetie of druina and her confederates , then this of a late great states-man : decrescat oliva , nec crescat vitis . and thus have i finished the perambulation of druina , with all her pourliews , and perquisits , together with her next transmarine neighbours , with whom she hath most pratique and necessarie intelligence . i should now passe to rhenusium ( and so o're the mountaines , to bombycina ) but that i am afraid to loose my selfe in so vast a forrest , before i should begin my promised storie : therefore i will deferre their character to some emergent occasion out of the matter it selfe , and in the interim resume my subject , and returne to my first epoche . but before i proceed , i will give the reader this short touch , that i doe not purpose , by this discourse of trees , to bring him into a labyrinth , or impervious darke thicket ; for i know some , under borrowed names and types , have affected obscuritie , of purpose to amuse the reader , and make themselves admired for profound reaches , when oftentimes their fancies prove flat impertinencies , and non-sense : no ; the woods that i will lead him into , shall be faire and open ( as he may partly perceive , by what hath preceded ) so that he may easily distinguish twixt the kinds of trees ; it shall be lucus à lucendo . and imagine i am now returned to druina ; where i find all things flourishing , in a rare conjuncture of peace , securitie , honour , and plentie , under the branches of the stately caledonian oke , newly settled in his triumphant throne , begirt with cions of his owne royall stemme , and encircled with multitudes of ancient and nobly extracted elmes , holy and reverend yewes , learned laurels , stout poplars , with other goodly trees ; the lillies and roses white and red , did bourgeon round about him , the muses and graces made festivals , the faunes , satyres , and nymphs , did dance their roundelayes , all the trees of the field did clap their hands ; and never were seene such halcyonian dayes : the saturnian times of gold let none henceforth admire , behold a true pearly age. all the neighbouring forrests stood at a gaze , envying this high felicitie : the vine , the firre , the myrtle , the willowes , sent to congratulate and comply with druina ; but above all other , the olive , so shrewdly shaken before by her . to performe which worke , the prime officer of honour elaiana had by land , was sent ambassadour , and that in a most high and courtly manner , to present the newly enthroniz'd oke with a branch of olive , the embleme of peace , and elaiana's ancient cognisance : which being accepted , druina in correspondence of state , sent her prime officer at sea , her thalassiarcha , in such a splendid equipage , that elaiana rings of the renowne of it , to this day . the parts adjoyning to elaiana's royall court did so strayne themselves to entertaine and welcome him , with his numerous traine , that some yeares passed , before they could recover themselves many miles about : for so gratefull was his errand , being an embassie of peace , and so bitter were the resentments and fatall effects of the former warre , that young and old did blesse him as he passed ; deeming he had beene some angell descended from heaven , and that his attendants were some kind of seraphins , they so admir'd their comelinesse ; which did unbeguile the vulgar of the odde opinion the loyolists had formerly infused into them , by their concionatorie invectives , that the druinians , since they left petropolis , were transform'd into strange horrid shapes ; some having dogs heads , others swines countenances , others huge tayles hanging behind them . such ceremonies as these being mutually performd twixt druina and her confederates , and some other domestique triumphs ended ; the royall oke ( as well to expresse his princely acknowledgement for his free and peacefull reception to druina's throne , without the least motion of opposition or murmure , which usually happen at such changes , ( whereat the neighbouring princes , specially ampelona's then warlike monarch , stood in a kind of admiration ) which reception was accompanied also with unparallell'd acclamations of epidemicall joy , as also for redresse of divers grievances , rectifying of enormities , and enabling wholesome lawes ) sent out summons for a generall assembly , where his royall majestie , with all the noble elmes , the grave and learned yewes , and a selected number of the choisest poplars , should meet in one body , to consult of the common good ; and here you might behold a goodly sight , the epitome of all druina . but there preceded a notable act of princely grace : for whereas some , out of the motions of a malevolent spirit , and impostumated hearts , had , during the former universall exultations of ioy , beene detected , to have had a most treasonable and dangerous designe on foot against the majestie of the royall oke , whereof they had beene legally convicted and doom'd ; he meerely , out of his inclination to mercie , ( wherein kings come nearest to the almightie ) sent a private missive , all of his owne characters , to pluck tnem out of the very jawes of death ; even then , when having made their peace with heaven and earth , the fatall axe was imminent to fall upon them , and cut them quite off . and as this first , so were the rest of his whole reigne high acts of clemencie . but upon the very point , when the fore-named great congregation was to re-assemble ; behold , a horrid plot of such a nature , that it seemd rather to have been a peece hammerd in hell , by a conventicle of cacodaemons , then trac'd by humane invention . a sulphureous mine it was , prepard and fitted with that artifice , that in one puffe it should have blowne up to the clouds , and made but a squib of that mightie assembly , with many thousands of innocent soules besides : druina's soveraigne monarch , with his royall consort , and princely imps , root and rinde , stemme and stock , bud and blossome , had all beene blasted ; the reverend yewes , noble elmes , and stout poplars , had beene all turnd to charcoale ; yea , the furie of it had extended to the embrio in the wombe ; nay , the very inanimate bodies had not beene exempt ; the sumptuous ancient structures neere adjoyning , all the tribunals of iustice , yea , the prime sanctuarie druina had , would have gone to wrack ; nay , it would have raysed up her dead princes out of their sleeping vrnes , to behold this black spectacle : my haire stands on end , my heart trembleth at the horror of it : the trinacrian vespers , and bartholomean massacre , were nothing to this . and religion must be the maske , to cover this hellish attempt : tantum religio potuit suadere malorum ? sacred lady , must thou be the mantle to cover this infandous worke ? thou which usest to goe clad in the white vest of innocencie , must thou have a deianira's shirt now cast upon thee , a robe of bloud ? thou which marchest alwayes with the armour of light , must thou be made accessarie to such a horrible act of subterranean darkenesse ? thou which injoynest subjects indispensable obedience to their soveraigns , because they are the anoynted and archetypes of the almighty , yea gods upon earth , must thou be now made a complice to assassines and traytors ? in fine , thou to whom the prince of peace left for legacy his seamelesse close-woven garment of unity to decke thy selfe , must thou be brought to make ruptures and throw the ball of discord twixt soveraigne and subject ? absit , absit . for the discovery of this prodigious plot , specially the quality of it , it seemes by some secret supernaturall instinct , druinas monarque himselfe , when all his great sages were at a stand , hit right upon it , for it being fore-threatned , and advertisement being fortunately lighted upon , that a sudden blow should bee given , which should bee no sooner doing , then a peece of paper burning , his majestie entring into the secret cabinet of his owne deepe and free-borne thoughts positively avouch'd , that it must bee some project of nitre , then which nothing is more sudden and impetuous , more violent and irresistible : and herein hee prov'd as much prophet , as prince . for oftentimes the conceptions of kings are as farre above the vulgar , as their condition is , for being higher elevated , and walking upon the battlements of soveraignty , they sooner receive the inspirations of heaven . they which make profession to pry into mysteries of estate , passed divers judgements upon this , some gave out , that the warlike vine had sent advise of it , and that the then secretst of druinas sages , that great instrument of state had fore-knowledge of it , but suffred the fatall threed to bee spunne out to that length for some politique respects , and then to cut it off in the very nicke . not long after a notorious high act of treason , drawing to a neare analogie with this , for the instrument was led by the same ill spirit , except that the one was single , yet upon the person of a publique person , the other of multitudes , if you consider the agents or patients ; the one was crushed in the shell , as it was upon poynt of hatching , and so most happily prevented , but this was fully perpetrated upon the body ot the great martiall vine which swayed the scepter of the then most flourishing ampelona ; and religion that holy and harmelesse matrone , must be made to sharpen the poynt of that fatall steele which did scarifie and penetrate him to the very heart , and suddenly fell'd him to the ground ; it was done when hee had a potent army so fam'd and feard farre and neare , composed of choice veteranes upon a great mysticall designe in perfect equipage , which continueth a riddle to this day : and in the midst of those triumphs that were prepared for his queene who had her temples newly begirt with ampelonas royall diademe . and her fancies it seemes the night before were propheticall , having dream'd that those diamonds wherewith her crowne were embellishd , did turne to pearles , which are accounted the emblemes of teares . but most remarkable it is what one of his owne confidents did forewarne him of twenty yeares before , who told him being newly come to the crowne , and forced to comply with the times in point of ecclesiasticall affaires , and being assaulted and wounded in the mouth by a young loyolist . sir , you see how just and punctuall god almighty is in his iudgements , for i hope you have denied the religion you were first nurtured in , but from the teeth outward , so he hath struck you there , but take heede your heart goe not from it , for hee will strike you there the next time , which proved precisely true . not unlike this prophetique judgement was that which fell upon one of his predecessors not long before , who being so incensed against the eusebians , that he vowed to plucke out one of their eyes to stigmatize and distinguish them from others ; he was thrust the very same day into the eye himselfe by an eusebian , whereof hee breathed his last . a hard fate it was that three of ampelona's royall monarques should fall within so narrow a compasse of time by such mortall stroakes . the last the most accomplished of all the rest , was the most lamented , who out of his cold vine seemes , me thinkes , to send this mournefull caveat to the greatest potentats on earth . that they are but weake penetrable things , and though somewhat refind and kneaded from that courser sort of stuffe , which goeth to the composition of the cittizens of the world , yet they are so much the more brittle ware , onely they differ in ther office , which neverthelesse makes them to have farre lesse to hope for , then to feare . a greater example hereof there could not be then in this great puissant prince , a prince in whom nothing of worth was wanting , a patterne of all heroique vertues , except that he was transported sometimes too far by that sexe , which overcame the first , the strongest , and wisest , that ever were of humane race . wonderfull he was in acts of peace and warre , hee had bin victorious in foure maine battailes , before he could peaceably weare the crowne , hee weeded the kingdome of such as were devoted to elaiana , and manumizd it , from that most dangerous confederacy which was fermenting many yeares , weakning it by armes , but dashing it to peeces by wit. for his acts of peace , he inrichd ampelona with a greater proportion of silke and wooll , he beautified her in many places with sumptuous structures , cut passages twixt great navigable rivers , and was like to do the like twixt sea and sea. and some say he had a designe to erect such a spirituall independent dignity in ampelona , that his subjects should not neede to clammer the hills so often to petropolis ; he dismorgagd the crowne demeanes , made an increase of munition , armes and treasure , and left behind a masse of gold that surmounted the height of a lance ; and all this may be ascribd to his owne activenesse . for , as for the outward windowes of his soule , he was rarely quicke and perspicacious , so was hee inwardly eagle-eyed , and perfectly versd in the humours of his subjects . and such a great artist hee was in government , that he preservd ampelona ( which abounds more then one part of the earth besides with boysterous spirits and hot working braines ) twenty yeares together without the least tintamarre or noise of commotion : a brave sprightfull prince hee was , composed of such a mould , that though hee wanted but very few yeares of his grand climacterique , when the mortall stab was given him ; yet the anatomists adjudgd , that if nature had beene sufferd to have runne her owne course in him , without this fatall interruption , hee might have doubled his age. never was there monarch , that lorded more over his subjects hearts : which , as in many passages of his life , so after his death it appeard ; when by the universall vote , hee was eternizd to future ages with the title of great , and that his statues should be erected in all the mart townes of ampelona . — stat magni nominis vmbra . the martiall vine being thus cut downe , ampelona fell under a female government , ( a female of rare endowments and princely worth ) untill the succeeding young royall cion should come to maturitie : and they speake of an old law , that the heire of ampelona's crowne is adjudgd then to have passd his minoritie , when he is growne to the height of a sword. so that during this government , it may be sayd ( notwithstanding the contrarie proverbe : ) lunae radiis maturescebat botrus . not long after the vine , the mightie olive his neighbour fell , who with his beades was sayd to preserve all his time his spacious dominions , as his imperiall grandsire did by the pike , and his sire , that great magus of his dayes , by the pen ; who , for some rare vertues that dwelt in him , i cannot pretermit with silence . he was the greatest conqueror of himselfe , and king of his owne affections , that ever was ; being alwayes at home within himselfe , in an admired equall temper of humors : no change at all was found in him at good or bad events , or any sudden tumultuarie chance ; whereof i will give a few notable instances . after that memorable great battaile and navall expedition against alcharona , ( when all bombycina , with the adjacent islands , were at the stake ) was wonne , the relation being brought him , what a glorious victorie was got , and with what difficultie , and how long she fluttred upon the wings of doubtfull successe , he was not surpriz'd a whit with any exulting motions of joy ; onely he sayd , that his brother , who was generalissimo in the service , had venturd very farre : and it was the first time that he ever daignd to stile him brother , though they were of the same stock , but he a branch of the wild olive . these were the most important and gladsomst tidings that possibly could be brought him , both concerning himselfe and all the westerne world , as the case then stood . for ill newes also , he was the same : for , in that mightie expedition against druina , when the very virgin newes was brought him of the most disastrous miscarriage of his fleet , that monstrous sea-giantesse , the hugest that ever spread sayle upon salt water , take bulk and building together ; when all the circumstances were punctually related unto him , he was not mov'd a jot from himselfe , but calmely sayd , he had sent them to fight against druina , not against the deitie of heaven . and these were the saddest newes that possibly could come . this having beene an enterprise so much ruminated upon , so moulded and matur'd by time , with infinite expence ; the legalitie of the act confirmd and animated by a speciall benediction from the great arch-flamin , and puffd up with such a certitude and infallibilitie of hopes and presumptions , that in petropolis there were bonefires alreadie made , in joy of the conquest of druina . yet , at the sayd long expected relation , there appeared not in him the least alteration or resentment in the world , for the miscarriage of this mightie action , and invincible fleet , as she was tearm'd ; which prov'd , as one sayd , but a kind of morrice-dance upon druina's waves . another time , being shut up a whole day in his closet , to dispatch some private instructions for leoncia , about the time of her first revolt ; and bringing them forth fairely written , to be dryed , his then secretarie ( that famous minister of state ) being with the suddennesse of his comming surpriz'd , pour'd the ink-box all over the writings , and so defac'd them , that they were made altogether illegible : this did not a whit stirre him , but calmely call'd for more paper , to rescribe them ; shewing him the difference twixt the ink-box and sand-box , against the next time . thus in eclipses and sunne-shine , in calme and tempests , at ill or fortunate occurrences , he was immoveably the same ; nor could any sudden inexpected contingencie , were it of never so great consequence , distract , much lesse divorce him from himselfe . the philosophers teach , that in naturall bodies , all things decay by the inward conflict of their principles , and reluctancie of the predominant elements : for , if a body were eavenly balanced by the foure elements whence the humours are derived , it would bee unperishable . the manners of the minde often follow the temper of these humors , therefore in this prince it seemes , there were the sedomst and weakest struglings amongst them that could be ; a serious reservd speculative prince he was , and could see farre and neare without spectacles or prospective , and as it was said of one of druinas monarques , hee was used to stand in the darke to others , but he made all the world to stand in the light to him . he would often complaine against his sister of druina , in that she fomented the itelians his owne naturall subjects against him , that shee intercepted his treasure , and countenanced her captaines to robbe him in columbina , and all this without provocation as he thought , pretending that hee had deservd otherwise of her , by being once the chiefest instrument of saving her life , and restoring her to liberty , and having an ambassador resident then at her court , when these traverses of enmitie happened . hee was a great example of pietie in his kinde , and that in so intense a degree , that he was used to say , if he knew the princely plant which first sprung out of him did but brandle or haesitat in his religion , hee would have his breast ripped up , and those thoughts plucked out of him , nay he would gather stickes himselfe to burne him . the cause of the so earely fall of that prince is a riddle to this houre , but one time in a gay humour he wished in the hearing of his sire , hee had elaiana's crowne upon his head but onely one day ; and this extravagant wish ( as 't was thought ) did him no good ; for not long after , he was transplanted into the other world by an immature fate . another argument , or rather monument , of the pietie of this platonique prince , was that worke of wonder , that glorious structure , which with expence of eight millions of treasure , and twentie three yeares of time , ( he himselfe enjoying the contentment of it twelve whole yeares after it was finishd ) he causd to be erected , in memorie of that famous battaile he got against ampelona , being then in leoncia : and not as much in honour of the day , as of the martyr , whose day it was ; proportioning the fabrique to the shape of that instrument he suffered upon . the handle of it , makes a magnificent royall palace ; the body , an huge assembly of cloysters , which make up a convent , and an academie . and so intentive were his thoughts upon this piece of pietie , that when the long-longd for tidings were poasted to him , of the miscarriage of the fore-mentioned fleet , which sayld at first with the wings of such confidence against druina ; he then having his eyes fixd upon a mason , who was fitting a corner-stone , he would neither aske , heare , or reade one syllable , untill he saw that stone settled . such a vast pile was never reard up by scaffold : and i subscribe to them that hold , the world hath not the like , in one entire piece . and built it is with that unusuall solidnesse , and moderate height , that it seemes in his first thoughts he intended to make a sacrifice of it to perpetuitie , and to contest with the iron teeth of time. it hath a quadrangle for every moneth in the yeare : and whosoever will take an exact survey of it , must goe above paces forward , about and backward , within the circumference of the walls ; and the very keyes of this huge edifice , poise above weight . this great magus being seizd upon by the hand of death , he sayd none should carry him to his owne sepulcher , meaning that mightie monument , but himselfe : where he was no sooner come , but this huge olive , which flourishd so long , ( though shaken with many shrewd stormes ) fell , as they say , of vermiculation , being all worme-eaten within . the succeeding princely olive , though in profound reaches of policie he came short of him , yet in pietie he rather exceeded him . he relyed more upon the spirituall power then the temporall , holding it the safest course : and indeed , it was one of the cardinall instructions his expiring sire left him ; and the other was , that he might warre with all the world , if he were in peace with druina . a little after , he yeelded to treat with the itelians as with free-states ; from which words , they ever since derive their independencie , though elaiana denie , that she ever pronounc'd them positively free , but retorts the argument upon them : for , if she condescended to treat with them as with free-states , the hypothesis must be , that they were not free : for the topique axiome is , nullum simile est idem ; but whether it will hold in policie , i will not determine . of rhenvsivm . and bombycina . about these times there arrived in druina a rhenusian prince ( altapinus , ) and rhenasium abounds with princes , yet they are from the beginning but branches fallen from the imperiall cedar , whereof some are growne up single , other are multiplied into a great number of groves . huge is that extent of ground which belongs to the perambulation of this large forrest , which were shee entirely subject to the cedar , would prove formidable both to the vine , the olive , and the oke with all other , and would bee able of her selfe to make head against that huge giantesse alcarona ; but rhenusium being divided betweene so many absolute princes , and they of about equall puissance , ( as a great river cut into many channells growes weaker and shallower ) rhenusium strives onely to counterpoize her selfe . her trees are well timbred , tall and beutifull , they are all commonly of the nature of the plane , or hortensius his graffs , which love to bee watred with wine , but they use not onely to bee watred therewith , but to bee overwhelmd and drownd therein , for they drinke often passively , which made one ascribe unto them these two properties . to understand more then they can utter ; and drinke more then they can carry . and the universality of this vice , seemes to take away the infancy of it ; so that whosoever is temperat there , must needs bee more temperat then any where else , for he must bee so , per antiperistasin , being surrounded , and besiegd as it were about with the contrary habit . the time was that the cedar stretched forth his imperiall branches as farre as the mountaines of the moone , and that the king of birds nested within his leaves , thicke featherd , and with fullsummd wings fastning his talents east and west ; but now i know not by what fate or fortune t is come to passe , the eagle is become halfe naked , and the cedar very thinne leavd , so that for many ages it hath bin a kinde of continuall autumne with him . in so much that whosoever will undertake now the imperiall diademe , must have of his owne wherewith to support and protect it ; which i beleeve is one of the reasons , that it hath continued these two ages and more yeares in that stemme which is now so much spoken of , and envyed in the world. and this reason of state sounds well why the septemvirate lets it continue there so long , because this race having its hereditary territories as ramparts upon those regions that the huge easterne bramble tyrannizeth over , is best able to preserve rhenusium from his fury . but to know the true cause why the cedar hath so long warped , and fallen to this decay , i must lead you over the hills to bombycina , that great magazin of wits , and minion of nature , where some places acknowledge no other season but the spring ; and they who abstract paradise from the earthly globe , would have it to bee in that part of the heavens which is her canopie . petropolis is the city which once awed not onely all bombycina , but signorizd over most parts of the habitable earth , so farre , that her tropheys and territories were sayd to know no frontires ; yet at first the circuit of her walls was hardly a mile , and her pomerium and perquisits adjoyning where they stretched furthest , scarce six , and the first number of her plants about . yet with time and fortune she so swelled up , that she became . miles about , and her dominions above . miles long ; and the number of graffs which sprang at one time in and about her walls , in a famous cense that was made , amounted to above three millions . hence the imperiall cedar shot out his warlike branches farre and neare for many ages , untill the ivie clasping and clinging close about him , suckd out of him much of his very radicall moisture to vegetat and quicken himselfe , so that those twinings and embracements of the ivie proved but as iudas kisses , and this mongst many others is one of the causes of the cedars decay , out of whose ruines the ivie did climbe up to a monstrous height ; and if it be lawfull to passe from trees to birds , that memorable comparison which one publikely preached in the very court of the ivie , when hee was residentiarie upon the skirts of ampelona three ages since was not improper , at which time that renowned poet laureat did so bitterly inveigh against the exorbitancies of petropolis , calling her the mother of heresie , shop of vice , and forge of falsehood ; which comparison was , that this so high growne ivie was like that featherlesse bird , which went about to begge plumes of other birds to cover his nakednesse , they moved with commiseration clad him with part of their owne , to which worke the eagle did contribute much ; this bird having his barenesse coverd with those adventitious feathers , did thrive wonderfully , and grew so gay that they all turned to peacocks plumes , into whose nature the bird himselfe did also degenerat , and it is well knowne what the peacocke is embleme of . he began to pecke at , and prey upon those birds that were his benefactors , untill he made some of them stark buzzards . others have compard the ivie to the stagge in the fable , which shrowded himselfe under the branches of the vine in a time of necessity , which being passed , hee fell a browzing , and to eate those leaves which preserved him ; thus the ivie is sayd to use the cedar , with others of his patrons , who out of a high conceipt of sanctity they held of him , because he was the great arch flamin , protected him upon all occasions , and would not stand out with him in any thing : but pitty it is , that the fruits of piety should bee so abused ; and that , that high degree of honour , that great arch-flamin-ship which at first was ordained to bee a spurre to holinesse , should after become a stirrop to pride . and as petropolis at her first rise , when shee came to bee mistresse of the fourth monarchy , and was at her highest flourish , used to clip the wings of victory , that shee should not fly away from her ; so shee would have done to religion also , since the ivie came to be her lord , that it should be found no where else , but betweene her walls ; which made all the world to have recourse to her , as to the sole oracle of sacred truth , the source of saving knowledge , and consistorie of mercie : and going about to monopolize religion by these steps , she made meere merchandize of holy things , and grew to be an excellent chymist , that could transmute lead into gold ; perswading the silly client , that out of that lead he might make keyes to open heaven gates . thus religion got wealth , piety begot policy , then the daughters were sayd to devour their mothers . adde hereunto , that it was the practice of the ivie , to su●●itate and engage the cedar , with other princes whom he could get into his grapple , to holy expeditions abroad , and sometimes to make them clash their branches one against the other , at home ; whereby he tooke often opportunitie , to seize upon something towards the strengthening and embulking of himselfe . thus the ivie clinging so close to the conscience , brought the cedar , the vine , and the oke , with all the westerne potentates , to bow unto him , and doe homage to his very trunke , and in a manner to idolatrize him , and tremble as the aspe before him . he qualified the cedar with the character of his first sonne ; the vine , of his younger ; and the oke , of his adopted ; though i know no reason , why the oke may not challenge the right of primogeniture above all the rest , in regard his crownes were first irradiated with the gleames of sacred truth ; and , as some great clerks avouch , before petropolis her selfe : and touching that title , which doth peculiarize druina's monarch from all other , it is much more ancient then the common opinion holds it . the olive , this last centenarie of yeares , hath much complyed with the ivie , making profession to be his champion : and indeed , he hath more reason then others to induce him thereunto , in regard he holds most of his dominions in fee of him ; and amongst the rest , hipparcha , which is one of the fairest flowers of his crowne , being the most delicious soyle of all bombicina : and this he detaines from the ivie , much against his will , for he should be the true possessorie lord thereof : but the olive dispenseth with his conscience , to passe it over with a complement , and a heriot once every yeare , though he incurre the thunder of an unavoidable curse thereby . but it is observd , that that brave prauncing courser , which hipparcha gives for her crest , being formerly so full of mettle , that he would scarce brooke bridle or saddle , hath beene so broken and brought low by her , that he will now very patiently take the bitt , and beare a pack-saddle or panniers , if need require , which they lay on him once every three yeares . the ivie , by the degrees aforesaid , being led by such another genius , it seemes , as the first nurserie of plants petropolis had , who varnishd all their attempts with a singular reverence to the gods , came from very small beginnings to a stupendious height . but there is one shrewd brand on it , that his greatest patron opened a way to the empire by a black way of perfidiousnesse and treason , in felling downe that cedar , which was his liege lord and master ; and to comply with the ivie , condescended to give him , among other benefits , petropolis for his court. ever since , the great arch-flamin hath wonderfully thriven : for proceeding to domineere over , and captivate the noblest part of the intellectuall creature , he assumd power to depose soveraigne princes , to dispose of their diademes , and to dispense with their subjects from all tyes of naturall obedience . and so liberall he hath beene , as to give away druina ( which he tearmd his inexhausted source ) once to the vine , another time to the olive ; but with this proviso , if they could conquer her : wherein they both soulely fayld , though they employd the utmost of their strength . and the ivie came to doe these feates by force and terror , a course very disagreeable to his calling : for the temporall and spirituall power should have an analogie with those two faculties of the soule , the will , and the vnderstanding : the will dealeth with the vnderstanding by way of power and peremptorie command , but the vnderstanding , after a sweet way of meekenesse , conducts the will by perswasions and strength of reason , and so leads him along in a golden chaine . he amusd the world , that the keyes which open and shut heaven , and let downe to hell , hang upon his branches ; the threats of his displeasure , came to be as dreadfull as thunderbolts : but of late yeares , they are found to be of a cleane contrarie qualitie : for the thunderbolt is observed to quash and crush those bodies , which with their toughnesse resist , but to spare those which are plyable and yeelding ; as oft times we finde the body of the tree crushd to flitters , when the bark is not touchd : but those fulminations which are darted from petropolis , are of a quite different nature ; for upon them that withstand and beare up against them , they are as thunderbolts fallen into the sea , forcelesse . and hereof the royall oke ( and some hold , that the right oke , being iove's tree , sacra iovi quercus , is exempt from the stroake of thunder ) made first proofe of , of any other soveraigne prince ; then the firre , the ash , with others , followed : and memorable is the answere which one of the royall firres made petropolis , when shee would have exacted a new pecuniarie dutie of him ; and it was this : that he had receiv'd life from his parents , the kingdome from his people , and religion from petropolis , which if petropolis desir'd , let her ' take it to her againe . moreover , this great arch-flamin amusd the world , that he was indued with the spirit of infallibilitie , that he was a speaking scripture ; so that , heresie was defind to be nothing else all the world over , then an opinion in holy things contrarie to his decision . and easie it was to induce the poplars to beleeve this , who were allowd no other bookes but images ; and taught besides , that ignorance was the mother of devotion ; and that in praying , god almightie would understand them well enough , though they did not understand themselves , nor the words wherein they prayed : and in such orisons , how is it possible that the heart and tongue should be relatives ? but strange it seemes to me , that he who is mounted to this high office , should be quite out of the reach of all error , ( for , commonly when one climbes very high , his head is subiect to turne ) considering , how grossely ignorant some of them were , that they understood not the language of the liturgie , considering also what prodigious vices reignd in some of them ; and vice , ignorance , and error are commonly individuall mates , ushering in one another . their owne secretarie , one that was best capable to know their intrinsique counsels , practises , and humours , hath left upon record , that some of them made way unto this more then humane dignitie , by murther , others by poyson , many by simonie , some by the sword , and one by tampring with ill spirits ; adulterie , incest , and blasphemie , have branded some of them ; fornication held a peccadillo , and pride became an inseparable companion to it : and one of the cunningst sleights of the devill , is , when he cannot fall one upon plaine ground , to lift him up with pride . which here grew so visible , that many beleeve the power of the ivie had beene long since at an end , had not the reputation and reverence the world beares to the humilitie and povertie of some innocent graffs , that creepe up in holy orders under him , borne out the scandall of his excesses : for it was plainely discovered , that whereas the owle was usd to build his nest in the ivie , superstition and error ( which are also birds of darknesse ) thrust him out , and tooke his roome . but of late yeares , that super-politique and irrefragable societie of the loyolists have proppd up the ivie ; so that all their consultations and studie tends to aggrandize him , to render him sole and supreme lord of all the earth : and , as for the spirituall power they would hoyse him up to be the onely head ; so for the temporall , they would also have one lord paramount . and because it is most probable , to bring that mightie worke to passe by the olive , in regard of his spacious dominions ; therefore , all their policie tends to exalt him : insomuch , that of late yeares it is observd , of what soyle soever a loyolist is , he is halfe factor for the olive . and when at the beginning of the tumults in leoncia , he was advisd to erect citadels and forts up and downe , to keepe under his subjects , one of his then greatest sages answerd , it would farre more secure the countrey , if the societies of the loyolists were multiplyed for their convents would serve for castles . profound clerks they are , and the chiefest court rabbies , and the closest sort of intelligencers ; for they have a way to scrue into the most inmost closets of princes , and to goe betweene the very bark and the tree ; though many times they prove earewigs and caterpillers to the tallest trees . nor doe they make their mercuries ex quolibet ligno ; for they never admit any blocks into their societie , but the best-timbred and choisest plants , which they reare up for such uses , as best sutes and goes along with the graine of their genius . and though it be against their canon , to receive money for almes ; yet wheresoever they plant , they presently grow up to an incredible encrease of wealth . these seraphicall fathers doe so under-value all other orders , that they have a saying : the church is the soule of the world , the clergie the soule of the church , and they the soule of the clergie . amongst other points petropolis holds , and these loyolists with their maine policie labour to uphold , one is , that whosoever they be , though they have the same primitive symbole and substance of faith with her ; yet if they grow not within her inclosure , they are no other then logges ordaind for hell-fire . which opinion , though it carry with it an hot kind of zeale , it hath little charitie , i am sure , with it : for , besides those myriads of plants which grow up , and fall , under the oke , the firre , the ash , and the willowes , and are thick set with petropolitans in rhenusium and ampelona , with sundry other forrests , which have long since shaken off the still-encroaching ivie ; that vast tract of earth which volgania containes , and those numberlesse multitudes which are up and downe alcarona ; nay , those which are in and about the holyest of cities , with that immense region , which some hold to extend from one tropique to the other , lorded over by iochan belul , who tearmes himselfe also the head of the church , and touchstone of sacred truth , and tree of knowledge , &c. ( whom that great clerke , and late corrector of times , would have to beare another name , but wrongfully ) i say , that huge territorie , which this great monarch , with his abuna , doth possesse ; since all these beare the generall character of christians , and have the grounds and exercise of the rites of true pietie , though in divers formes , it is an hard censure , to judge that they are nought else but brushwood , prepard for eternall flames , and utterly incapable to be made timber for the inlarging of the court of heaven : but i beleeve this tenet proceeds from a kind of policie , to serve onely for terror . let none mistake me , as if , while i treat of trees , i should goe about to make poysond arrowes of them , to dart at petropolis : no ; i reverence her from my very soule , for the first ancient mother church : but it hath beene the practice of the common enemie , that where truth erecteth her church , he helpes error to reare up a chappell hard by . i firmely subscribe , and submit my selfe to whatsoever was ordaind and acted in her , the first foure centurie of yeares ; for , nothing makes more for the confirmation of my faith , then her doctrine and practise then . for in those ages , a great many of her blessed arch-flamins creeping lowly upon the ground , yeelded themselves to be made bonefires , for the maintenance of truth ; and out of their ashes , sprung up more and more innumerable holy plants , which did wonderfully propagate , and they were all indued with the vertue of the palme ; the more they were oppressd and overset with the weight of persecution , the faster , stronger , and streighter they grew up . in those dayes , the light of divine knowledge did streame from petropolis , in beames of innocencie , simplenesse , and humilitie ; but afterwards ( helas ) it came to be offuscated and halfe choakd up with fogges of humane fancies . some presume to affirme , that if the almightie would assume a visible externe shape , it should be compounded of light and truth , they are so essentiall unto him : petropolis was once adornd with both these ; but long since , the one hath beene shrewdly dimmd , the other depravd , though neither quite extinguishd ( as some affirme in her . ) so that i beleeve druina had never forsaken petropolis , had petropolis stood firme to her selfe , and not swervd from her first grounds . but i find , that all the devices and crochets of new inventions which crept into her , tended either to enrich or enlarge the ivie . the barke of the prime apostle was imployed to pyracie , and his keyes to unlock the treasuries of princes ; and where they could not doe , the sword should breake them open . but for his imaginarie exchequer , wherein were hoorded the redundancie of good workes , nothing must open that , but keyes of massie gold ; arguments were turnd to armes , and miters to helmets : which made the world , in stead of being rectified , to run headlong into strange obliquities of schisme and confusion . as much , if not more affiance and conceit of comfort began to be had in them , who once were sinners , and but yet supposed saints , then in the saviour himselfe : vowes and orisons were made to them , that knew nothing of the heart ; and amongst such a number of pettie deities , god was halfe forgotten . dignities in heaven , were disposd of on earth ; and to one of their moderne saints , that place is given , which lucifer lost . and the blessedst of mortall wights , that ever breathd the ayre of this lower region , now questionlesse the highest saint in the celestiall hierarchie , began to be so impertinently importund , that a great part of divine liturgie was addressd solely to her , in such a way that she questionlesse detests . they came so farre in this point , that to make a perfect salve for a sick soule , they held there must be a mixture and compound made of milke and bloud , and that they are both of equall vertue . traditions and the ivies decretalls were made of equall force , and as authenticall as the sacred charter it selfe , and as much obliging the conscience ; and his commands observd with more terror , then those which were delivered by the voice of the almightie , in thunder and lightning . it came to passe , that it grew a common thing , for one to plant a tree , and with one part to heat his oven , with the other to roast his meat , and to make his god of the third . and whereas at the beginning , man was made after gods image , which must be understood of the interne graces of the soule , it grew a common practise , to make god after mans image in externe grosse corporeall shapes , whereas the incomprehensible majestie of the almighty can neither bee circumscribd in place , nor represented in picture , but darkely describd by an aggregation of his attributes . and whereas hee being a spirit ought to bee servd in spirit , and chiefely with interne worship , and ingraven onely in the tables of the heart , most of his service came now to bee externe in shewes and representations , his temples being filled with certaine kindes of antique faces and great puppets in every corner ; so that petropolis became ( as a little after her first foundation she was ) a meere grove of idolls . moreover the minde was caried away with such a fond conceipt , that heaven , and that eternall weight of glory which is reserved there for the blessed , might be over-merited by surplusage of works ; whereas there was never any proportion yet twixt infinity and things finite ; nor was this earth ever held but an indivisible point , and a thing of no dimension at all in respect of the heavens ; and there should be alwayes a kind of proportion twixt the worke and the reward . thus they thought to climbe up to heaven , upon the tree of their owne merits , whereas they should have observed that the publican was bid to come downe the tree , before grace could descend upon him . after this unlucky brood of errors , there crept in odde philosophicall subtilties , and forc'd termes of art , which did much puzzle sacred theologie , and threw as it were dirt in her face , with their classicall distinctions , cavills , quiddities , and so transformd her to a meere kinde of sophistry and logomachy . yet all this cannot deprive petropolis of the character of a true church , ( i cannot say adverbially true ( and god is a lover of adverbs ) she still hath the essentiall grounds , with the externe profession and exercise of saving knowledge . though tares repullulat , there is wheate still left in the field , the foundation is good , though some odde superstructures have been raisd upon the first story ; and he that pries into her with impartiall eyes , will find that shee is not so corrupt in her positions , as in her practise , for many who have beene allured by her bookes , have beene averted againe by her churches , and the sight of her ceremonies , and antique formes , which in some places are such , that whereas divinity should goe clad like a grave venerable matron , shee may bee sayd to bee accoutred rather like a courtisane . but some there are who doe prosecute petropolis with such a blacke irreconcileable malice , that whatsoever hath beene once practised in her , though arbitrary and indifferent in it selfe , tending happily to decency and externe ornament onely , they hold it to be flat idolatry ; they thinke they can never fly farre enough from her , whereby many of them striving to fly from superstition fall into flat prophanesse , holding this hatred of petropolis to bee a poynt of holinesse ; so that they may bee sayd to hate her religion rather , then the corruption which depraves it ; nay such is their malignancy in this kind , that it extends to the very inanimat creatures of stone , wood and glasse , so farre , that had they their wills , there should not a roofe , wall or window stand which was once consecrated by petropolis . and he was well servd for his blind zeale , who going to cut downe an ancient white hauthorne-tree , which because she budded before others , might bee an occasion of superstition , had some of the prickles flew into his eye , and made him monocular . yet for all the specious fruits of sanctity these dotard trees outwardly beare , they are found commonly rotten at the heart , they are like putrified wood shinining in the darke ; and their fruit like that which is sayd to growe hard by the sodomitique lake , fayre and goodly without , but hanled , crumbleth to ashes ; so injurious they are to prayer ( being the very marrow into which the soule melts in her dovotion to heaven ) that the would thrust her out of her owne house ( the temple ) at least give her a small roome that may be ( unlesse she prove the extemporall issue of their owne shallow braines ) harrowed over with such impertinent tautologies , and bold expostulations . such a deadly feud they have to hierarchy and degrees in holy functions , that they account those high luminaries which from all times have beene appoynted for the guidance and goverment of the church , to be nought else but comets , and ill boding starres . in their conventicles they doe commonly bella cum personis magis , quàm peccatis gerere . seldome doe they give their flockes any milke , but strong meates ; they still thunder out lighning and tempest , and the dreadfull curses of the law , which must needs whoorry many a poore conscience upon dangerous rocks , and doubts , and fits of despaire , and seldome do they apply the sweet , and soule-solacing lenitiffs of the gospell , wherewith the corresives of the law should be tempered , whence it may be inferd , that they thinke oftner of hell then heaven . adde hereunto , that some of these great santons will not stick to expound the sacred text , upon the warrant of their owne private spirits , as if god almightie appeard to them out of a bush ; but hereby they usually worke themselves into some odde illumination of an egregious dotage : for they should learne , that in holy things , he that strikes upon the anvill of his owne braine , is in danger to have the sparkles flye into his face , which must needes dazzle him : nor is he unlike him , who layeth together hot burning coales with his naked fingers , in stead of a paire of tongs . i could wish , that these sciolous zelotists had more iudgement joynd with their zeale , that they would not runne away so farre from their text ; it were well , that they would suffer reason to perswade them , before she invades them , as commonly in argument shee doth : that they had more of the spirit of conformitie and obedience , to the constitutions and commands of lawfull authoritie ; which commonly every ignorant and shallow mechanique spirit amongst them , will presume to censure or demurre upon , and upon every triviall cavill rayse clamours . as in itelia , where these fanatique spirits most swarme , not long agoe two of their greatest clerks kept a mightie adoe , whether aarons ephod was of sea-greene , or sky-colour : and this disturbd a while the whole assembly , there being hot abetters on both sides . and indeed , these obstreperous sceptiques are the greatest bane of divinitie , who are so full of the spirit of contradiction , that they raise daylie new disputes , and multiplie controversies , so that they are almost without number . and if the loyolists on the one side , and they on the other were quite grubd vp ( for they are but brambles in the lords vinyard ) or cut downe ( and there is a strong warrant that every tree which beareth not good fruit should be cut downe ) or that they were sent to plant in vtopia , it were no great matter . for with their extremes they blow the bellowes , and are the common incendiaries of all combustions wheresoever they come ; for the one , they have it from their first planter who had beene of the profession of bloud ; therefore they would propagat pietie as alcharona doth hers , with the sword , and so make religion to bee gladij pedissequa , and which is worse , the mantle , to palliat all their designes , so that if one should prie narrowly into the carriage of their actions , it would put him in mind of that damnable tenet of the atheist , in nomine domini fit omne malum . and betweene these two , the westerne church , yea , faith her selfe , that sacred ladie , doth suffer as twixt two malefactors , the one disturbing her peace , the other depraving her doctrine ; but the time will come that they shall be both crushed to peeces , on both sides , and not a bone of hers broken . but nothing is so naturall to the humane creature , and which he longs after , and delights in more , then novelty and change , yea in holy things ; and as long as hee is compounded of the foure elements , whose very being consists in mutabilitie , his braine must still fluctuate with new fancies ; as long as there are diversitie of climes , whence the celestiall bodies send downe their influences , and make impressions upon the mind in different degrees of temper , there must be various idea's and conceptions of the deity , as well as of all other things ; and as time doth worke a revolution in it selfe , so it doth in all sublunary matters ; we grow weary of old things , of morall and politique lawes , of the most exact and regularst languages , of outward habits , yea the inward habitudes are subject to this ; nay religion her selfe is not exempt , but like the moone hath eclipses , changes and spots ; but as some astronomers affirme those specks which are discerned in the body of the moone to be causd , by the shadowy reflections of rocks & mountaines which are upon the surface of the earth ; so the swelling vaine conceipts , that arise , and puffe up the mind , are the causes of such blemishes in religion . an undenyable principle it is , that there is but one truth , and one tracke which leadeth to the right notion of the almighty : and certainely hee being a spirit and the most simple of essences , they approach nearest this track , who serve him , as i sayd before , in spirit and simplicity of thoughts , with the least mixture of externe rights and humane inventions : for as in heraldry , t is held a rule , that the plainer the coat of armes is , the more ancient it is : so in the blazon of true religion , the more simple and plaine the forme is , ( yet i alwayes presuppose decencie ) the nearer it comes to the old primitive times . therefore , that religion which hath least of the outward object , to avoyd all occasions of idolatrie , but worships the god-head by a speculative act of the vnderstanding , and goeth directly to himselfe : that religion which derogates from the creature , and ascribes most glory to the creator : that which transferres not his honour , ( whereof he is most jealous ) or mis-applyeth it to any other : that which makes the poore peccant soule relye onely upon the riches of his mercie , and so by a necessarie recourse to enbosome and endeare her selfe unto him ; that religion surely is most agreeable to the invisible and omniscious god. and my heart trembleth , when i thinke how few there are of this , upon the surface of the earth : for , as one who had conversd farre and neere with the citizens of the world , doth avouch , if the globe of the earth were divided into thirtie parts , they would hardly make up three parts of thirtie . but whither am i thus transported ? i hope to be dispensd withall , for the qualitie of the subject , which is the unum necessarium , which made me dwell so long upon it . i should now post back to druina ; but that before i part with bombycina , i must needs salute the amorous myrtle ( and her metropolis adriana ) in regard she hath beene alwayes a true confederate to the royall oke . a character of adriana . and here behold a thing of wonder , adriana sited upon an assembly of islands , in the very jawes of neptune : where being planted at the very first a christian ( a prerogative she worthily vaunts of above all other ) she hath continued a virgin ever since , neere upon twelve long ages , under the same forme and face of government , without any visible token , or least wrinckle of old age. the great arch-flamin espousd her once to neptune ; and a prophecie there is , that she shall continue a virgin , untill he forsakes her : and he , of late yeares , is observd to shrinke , and grow weaker about her , as if she had made him over-labour himselfe too much upon her . and it is well knowne , no place swimmes more in all manner of wanton pleasure ; witnesse those multitudes of medlars which make their beds , and are permitted to grow about the myrtle , for which she is so much spoken of all the world over . most renowned adriana hath beene , for brave exploits up and downe the world , having wrestled with the greatest of earthly potentates ; she re-establishd the easterne cedar more then once , in his throne ; she restord the ivie twice in his holy seat , being chasd out of petropolis : which made the great arch-flamin of late yeares to be foulely taxd of a kind of ingratitude , in offering to cause her armories to be defacd in his court , having so well deservd of him : but it is thought , since she expelld the loyolists out of her territories , petropolis hath still a grudge to her , which lyeth yet indigested , and is in her like lees in the bottome of a tub of wine , which at the least stirring of the vessell is readie to rise up . by the charter of her saint , she is to have in her arsenall as many warlike vessels , as there be dayes in the yeare ; and in the summer season , as many in course as there be houres in the naturall day , to scoure three hundred miles of sea , whereof she is protectresse . and some kind of vessels she hath , which knew not how to be beaten , untill of late yeares that top of druina's cavaliers ( one that hath spirit enough to actuate that goodly tall bulke ) receiving from them some affronts , met with them handsomely , and bangd them to good purpose . in that dangerous league , when most of the occidentall potentates were banded against her , and in a manner conspird to sinke her , shee bore up above water , against them all . but her custome hath beene , to piece the lyons skinne with a fox tayle , and so to supply the weakenesse of force , by wilinesse of art , and advantage of treatie . and it is well knowne , how the myrtle hath taught the willowes of late yeares part of her cunning ; betweene whom , there is an irrefragable confederacie , to bayt elaiana , and stoppe the further growth of the olive . amongst other things , adriana is much cryed up for , her rich treasure is one , which elaiana hath often attempted to exhaust : and one of her embassadours desiring on a time to see it , seemd to slight it , in comparison of his great masters treasure , which is perpetually growing , and hath no bottome , as that had : which made one say , that adriana , in relation to the foure elements , hath her citie in water , her treasure in the ayre , her vertue in fire , which makes the earth so to flye away from her . true it is , that of late yeares the myrtle hath beene at a stand , in improving the treasure of her saint , since elaiana hath crossd the equinoctiall , and found out a track by sea to levantina ; whence adriana did use to receive , not farre from her owne home , and dispense through all the westerne world , those aromatique and daintie fruits the indian trees affoord : but she gives out , that the losse of that trade is recompenc'd , by certaine singular immunities she hath through some of the dominions of alcarona : so that of late yeares she is shrewdly suspected to be a concubine to the huge bramble , who hath often loppd her myrtle , and cut off the onely regall branch she had : and against him it must be confessd , shee is the greatest rampart , and best securitie all the westerne princes have any where by sea. thus the myrtle flourisheth still : and truly , a rare and wonderfull thing it is , that for so long a tract of time , considering the violent stormes that have shaken her so often , she should still continue fresh , and without warping , or any considerable change , or the least symptome of old age , as i sayd before . whereas other politicall bodies , of a farre greater bulk , have met with their grand climacterique , and receiv'd changes , in a farre shorter revolution of time. for politicall bodies , as well as naturall , have their degrees of age , declinings and periods ; which i cannot so properly tearme periods , as successions or vicissitudes . common-weales have often turnd to kingdomes , and realmes have beene cut out into republiques ; the ruine of one , being still the raysing of the other ; as one foot cannot be lifted up , till the other be downe : witnesse those foure mightie monarchies , which were as spokes upon fortunes wheele , or as so many nayles driving out one another . and so is it also in naturall bodies ; the corruption of one , is still the generation of another : so that , it seemes , nature hath her wheele also , as well as fortune ; and these changes and chances , tend to preserve the whole from decaying . so , that the opinion of that adrianian , since much enrichd by a learned druinian , is farre from deserving to be exploded for a paradox , viz. that the vniverse doth not decay or impaire at all in the whole , but in its individuals and parts . for , as the preservation of the world , is a continuall production ; so in this production , as i sayd before , the corruption of one , fore-runnes the generation of another : therefore , to beare up the whole , if there be a decay in one place , 't is recompencd in some other : so that one may say , nature danceth in a circle , and by this circulation , preserves the visible world. the meteorologists observe , that amongst the foure elements , which are the ingredients of all sublunarie creatures , there is a notable kind of correspondencie : the fire , by condensation looseth to the aire ; the aire , by rare-faction looseth to the fire ; water attenuated , becomes aire ; aire thickned , becomes water ; the earth , by secret conveyances , le ts in the sea , and sends it back fresh ; her bowels serving , as it were , for a lymbique . so that wee see hereby , there is a punctuall retribution , and a kind of mutuall compensation betweene them , which , doubtlesse , tends to the propagation and encrease of all compounded bodies ; amongst which , there is also a perpetuall and restlesse succession of individuals , to keepe the whole from fayling . for , as a shippe ( as one made a very apposite comparison ) riding at anchor , tosseth and tumbleth up and downe perpetually , yet cannot goe beyond the length of the cable to which shee is tyed , and so in this turbulent motion sheweth a constancie : so is it with the vniverse , wherein all things hang by the plummets of providence . therefore , i cannot subscribe to their speculation , that thinke the world hath beene long since in a hectique feaver , and so drawing on to a consumption : that neither vegetable , sensitive , nor rationall creatures , are in that height of perfection , as in former times : that vertue shines not with so strong a lustre : that invention is farre shallower , and age shorter : that the moderne world , compard with the ancient , is as a dwarfe upon a gyants shoulders , or as noone shadowes compard to the mornings . i must confesse , antiquitie is venerable ; which makes us extenuate things present , and extoll things passd , and make it still the burden of our song , vvell fare the old times ; implying thereby , a palpable decay or dotage in all things . yet we find , that the two great luminaries of heaven , and the rest of the celestiall bodies , have still the same vertue and operation , without the least imaginarie diminution ; all elementarie bodies receive vigour and strength from their influence . therefore i doe not see , how the present can be so farre inferiour , in point of perfection , to them of former ages , considering the virtuall causes remaine still in the same strength : and as for invention , wisedome , and learning , i doe not see , but the second thoughts of latter ages , may be as wise as those of elder times . i know , the time must come , that heaven and earth shall passe away , and that there will be a finall dissolution , though no annihilation of the matter , but a destruction of the old forme , and introduction of a new. and of late yeares , some would be so foole-hardie , as to presume to be more of the cabinet counsell of god almightie , then the angels themselves , ( by whose ministerie , some say , he created the world ) as to point at the precise time of this dissolution : amongst other arguments , they fetch downe one from heaven it selfe ; which is , that the polar starre , which is in the tayle of the lesser beare , was in ptolomey's time twelve degrees from the pole of the equator ; this starre hath insensibly still crept nearer the pole , so that now 't is but three degrees off , when it comes to touch or make the nearest approach that can be to the pole , which may well come to passe in yeares ; nature her selfe , they say , must expire , or some notable period . but i have beene carryed away too farre by this speculation , causd by adriana ; which , of any politicall body , may be producd for an instance , against a generall decay , and impairing of the moderne world : though some , which repine at the myrtles prosperitie , say , that those stout and ventrous trees , wherewith she was usd to be fencd , are lately degenerated ( in point of valour ) to weake reeds , for their pusillanimitie , and too much caution , when they come to any warlike encounter . and now it is high time for me to shake hands with adriana , and bombycina also ; whereof i must not forget to tell you , that the olive now occupyeth foure parts of seven , if she were so divided : and to his greatnesse , and the apprehension of feares and jealousies they have , that he would fish in troubled waters , may be ascribd the concord and calme of bombycina's princes ; who , as once the mice would have hung a bell at the cats neck , but after consultation , could not agree who should venture first to put it on ; would plot something still against the olive . adde hereunto , that besides this peace , there is plentie of treasure , that comes to bombycina by the olive , who makes one of her proudest cities his scale , for remitting his moneyes to leoncia : but that citie , in respect of him , may be sayd to be as a partridge under a faulcons wings ; who can seize upon her at pleasure , but doth not , for politique respects . bombycina was usd to be most under the mulberry , the wisest of all trees ; for , he never puts forth his buds , till all the cold weather be passd : and so indeed , the plants bombycina produceth , are accounted the wisest , politiquest , and most reserved and cautious of all other . 't is a rule amongst them : that he cannot be essentially wise , who openeth all the boxes of his brest to any . they are , for the most part , of a speculative complexion ; and he is accounted little lesse then a foole , who is not melancholy once a day . they are onely bountifull to their betters , from whom they hope to receive a greater benefit : to others , the purse is closest shut , when the mouth opens widest ; nor are you like to get a piece of cake there , unlesse yours be knowne to be in the oven . yet are they the greatest embracers of pleasure , of any other upon earth ; and they esteeme of pearles as pebbles , so they may satisfie their gust , in point of pleasure or revenge . here you shall find love and hatred , vertue and vice , atheisme and religion , in their extremes ; for the greatest wits depravd , are the most dangerous ; corruptio optimi , est pessima : yet the character one lately gave of them , seemes to savour too much of the satyre : viz. that the bombycinian is unnaturall in his lust , irreconcilable in his hatred , and unfoordable in his thoughts ; that with one breath , hee bloweth hot and cold ; and to compasse his owne ends , he will light a candle to the devill . i know , there is no countrey , without her nick. as ampelona , to be a great bedlam . bombycina , a great bordell . rhenusium , a huge brew-house . elaiana , natures sweating-tub . druina , a stage of mimiques . lurana , a fripperie of bankrupts . monticolia , a conventicle of hills . cardenia , the vrinall of the planets . and itelia , the suburbs of hell , being situated lowest of any other upon the earthly globe . for my owne particular , were i to associate with a stranger , i would single out a bombycinian before any other , for my conversation : for , of those twelve severall sorts of forreners i have had occasion to converse withall , i never knew any yet symbolizing so much with them of druina , or complying more with their humour . of the arrivall of prince altapinvs in drvina . bvt it is high time for mee to returne now to my rhenusian prince altapinus , newly arrivd in druina upon a high designe of love , and no lesse then to the fairest branch of the royall oke , that mirror of all perfections ; the itelians and the old fox of ardennes , with druinas greatest arch-flamin , did mainely advance the worke , together with the princely orenge , and the willowes ; but the royall firre of elatena , and that great queene from which she sprang , gave but cold consent thereunto , and it was thought it lessened some part of her naturall affection towards her ever after . yet altapinus was admitted a suitor , and as he was in hot pursuite of this brave attempt of love , behold a most mournefull accident of fate intervenes ; the fall of that brave standell , which should have immediatly succeeded the royall oke , in all his dominions ; this strucke an earthquake into all hearts for the present , which were affected with various passions of griefe , feare , amazement , and darke suspitions , that in regard his fall was so immature and sudden , it could not bee without some sinister practise of violent meanes , nor can some bee wean'd from that conceit to this day , imputing the cause of it to a precocitie of spirit and valour in him , and that therefore some infectious southerne aire did blast him . but this is certaine that there was intelligence of it in elaianas court amongst the luranian loyolists a prety while before his fall . this incomparable prince was so lamented , that all kind of trees throughout the whole forrest hung downe their heads , and seemd to be turnd to cypresses for the time , which being expird , the nuptialls of prince altapinus were consummated , and when the conjugall knot was a tying , the princely bride was observd to bee possessd with a sudden apprehension and eruptions of joy , which as the iron decree of fate would have it , turnd after into many pangs , god wot , of anguish and sorrow . for being but a few yeares settled in rhenusium , during which time all the neighbouring princes envied their high felicity ; behold the cedar , by the instigation of the loyolists , fell out with the homebians who had elected him to be their king , provided that he would keepe their priviledges inviolable , but they alleadging hee had infringed them , they would continue no longer under the shelter of his boughs , but shooke him off , tore his seales , and resumd liberty to choose another king. hereupon they made a proffer of their crowne ( i cannot say it was the mayden proffer ) to pr : altapinus , who consulting upon it , though not so maturely , as the disastrous events shewd afterwards , accepted it . many there were which animated him thereunto , and amongst other motives of incitement they usd , one was , that if he had courage enough to adventure upon the fairest branch , and sole of that kind of druinas royall oke , he might very well venture upon a crowne when it was tendred him . thus he went triumphantly to homebia where hee was inaugurated and crown'd king with many high expressions of joy and triumph . about these times behold a fatall torch appeared in the heavens , placed there by the great architect of the world , to forewarne mortals of their miseries , and the direfullst effects it produc'd were under that clime : those blazing lampes which in this latter age had appeared in the asterismes of cassiopaeia , the serpent and swan brought not forth such horrid events as this in the virgin signe . it were to digresse from the scope of this discourse , to make disquisition whether these unusuall lights be hospites or indigenae , new-come guests or old inhabitants in heaven , or whether they bee meere meteorologicall impressions not transcending the upper region , or whether to bee rank'd amongst celestiall bodies ; i leave the indagation of this high cause to the disciples of iohannes de sacro bosco of iohn of holy bush , it being not the subject of my trees at this time . but these hairie lampes have beene noted to have been alwaies the fatall vshers of calamity and alterations in states ; and as upon earth prodigious births portend no good , so these new engendred monsters above , point alwaies at some sad events to follow , either 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , warres , pestilence , or famine , all which have most miserably rag'd through poore rhenusium ever since , and cease not to this very houre ; and that with such fury , that in many places the bed cannot priviledge the sick , nor the cradle the suckling , nor the great belly the embryo , nor the tribunall the magistrate , nor the altar the priest : the chiefe grounds of all which , was imputed to this revolt of the homebians , from the cedar . for the heavens bright eye had scarce run one whole carreere through the zodiake , but towards that season of greatest mirth throughout the whole yeare , the cedar had capitulated with the elder , ( who from that time forward fell sicke of the gall , ( a disease incident to old trees ) against altapinus , though he was the principall branch of his stock ) to muster up certaine military forces to his use , for the expence of which service he engag'd part of his country to him , with which forces , though fewer in number , and tyred with long marches , he suddenly assailed altapinus his royall army , and got the day . the elder pursued his victory to the very walls , where altapinus with the princely carbasilis raignd , and being surpriz'd were constrain'd to flye in confusd manner with halfe bag and baggage . thus the inconstant goddesse turnd her wheele about , and for this shadowy crown made him loose the substance , viz. his princely inheritance , the brave territories of baccharia . some there are which thought it much that altapinus appeard not himselfe in the field , the day of this battaile , in regard his newly worne crowne stood upon the fortune of it ; and that having good store of treasure in cash hee suffered his souldiers to bee heartlesse , and ready to mutiny for pay , most of that treasure falling afterwards a bootie to the enemy . the infortunate altapinus traversing up and down rhenusium came at last with the princely carbasilis to itelia , where the martiall orenge well-comd her with high demonstrations of joy , and his first congratulation was , that if she had beene the masculine plant , homebias crowne had never beene lost so slightly . and good reason they had to be welcome to itelia , for it is more than conjecturd , that t' was she who put prince altapinus upon this fatall enterprise to advance her owne ends . for the truce with elaiana being then upon point of expiring , she had no hope to draw druinas monarke , whose genius was so strongly bent for peace , but by these meanes , into military engagements , that so part of elaianas strength might fall upon him : but itelia reckond without her host in this point . for the first tydings being brought him of that undertaking , hee calls his sages together , and in a profound sence of sorrow , and a kind of propheticke spirit ( and the oke of all other trees is only fatidicall ) told them , what a fearefull infortunate businesse this would prove ; and that the youngest there amongst them should not see the end of it ; which by sad experience hath provd too true , & yet continueth . moreover he was usd to say that the homebians made use of altapinus , as the fox did of the catts foot to pull the apple out of the fire for his own eating : and from that day to his last , he disavowed the act , nor would he affoord altapinus the title of king , alleadging that it would bee a dangerous president to justifie the tumultuary uprisings of subjects in that kind against their king. and as this disastrous businesse begun with an ominous comett , so there hath an ill planett , hung over it ever since , for scarce any enterprise hath prosperd in the procedure of it , but one calamity still usherd in another . finis unius mali , gradus est futuri . as if some ill-boding mandrake had beene found out , and grubd up in baccharia , at the beginning of this fatall undertaking . the cedar having thus debelld the homebians , to are the labells of most of their ancient lawes , made new ordinances , and put some of them to exquisite torments , pretending that , that crowne belongd no more to him by election , but that he was their proprietary liege lord by conquest . nor did he hold this to be an equall reparation for the indignity he had received by altapinus , but made his recourse to his nephew the olive , whom he partly intreated as being the strongest of his stocke ( and therefore should be sensible of the affront ) and partly summond him as being prince of the rhenusian empire , and holding leoncia and other territories in homage of him , to assist him with some auxiliary forces , to vindicat this high disgrace , which was done him by altapinus . hereupon the olive lent him his great captaine the thorne , with the flower of his forces in leoncia , who shortly after invaded baccharia ( altapinus his ancient patrimony , and carbafilis joynture ) whereof hee impatronizd himselfe without scarce one stroake given ; though at that time the princes that were his confederates , had in a ready martiall equipage twise the number the thorne had : but it seemes they all prov'd stupid unweldy blockes , and they colourd their cowardise with some presumptions they had , that dolus versabatur in generali ; that their chiefe leader was corrupted before hand with elaianas gold . thus that great body of logges disbanded in part , yet some kept still together , as shall bee said hereafter . the cedar upon this new acquest , disingag'd his owne territory that he had transmitted to the elder , and gave him part of baccharia for caution for his disbursments ; and to the olive he transferrd the tenablest and strongest places there to hold them as commissary under him . while these feates were a doing in rhenusium , a hardy cavalier , as hee hath given notable proofes both at sea and shoare , was sent from druina against the timauranians at the request of the royall olive , and this was done by the negotiation of mordogan that notable engin of policy ; and it was done of purpose , as it appeard afterwards , to weaken and divert the strength of druina , while the thorne invaded , and seizd upon baccharia . this cavalier complaind he was sent to fight with his armes tied behinde him , for his commission being so strict ( and strength without commission sufficient , is like a match without fire ) that could not meddle with any thing upon the land , elaiana also failing of that kind of supply shee had promisd to joyne to his , hee could not doe those exploits which might have bin atchievd with such a power ; yet his attempt before galeri was brave , had the heavens continued propitious , and to speake the truth of any publike expedition , druina made abroad ever since , this redounded least to her prejudice ; for he met with no passive encounter , at all , but was master of the sea , and securd traficke all the while ; but as the foresaid attempt in galeri roade for fyring all kinde of bottomes wherein ( her offensive strength only consists ) was prevented and dash'd , by sudden still perpendicular cataracts of raine : so an age since when that restlesse martialist elaianas king and emperour had an enterprise to destroy galeri , being in sight of shoare , with a most powerfull fleet , one of her flamins went upon a rocke hard by , and after some kind of exorcising speeches and postures , he tooke a long white wand , and strooke the waves thrise , and going thereupon to the towne , hee encouraged the inhabitants thereof with notable exaggerations of confidence , that they should be of good cheere , for before night there should be elaianians in galeri market as cheape as birds . hereupon the heavens did suddenly change hue , and a most fearefull tempest fell , in so much that the emperour himselfe escaped with extreme difficulty ; and it fell true that his souldiers were sold by multitudes in galeri's bannier towards the evening a little after the shipwracke . i will not presume to pry into the secrets of the almighty disposer of all things whose hand-mayd nature is , how farre hee lets loose the reines to the ill spirit of the ayre , to cause such sudden impressions upon the elements , whereof there are daily wonderfull examples amongst this crue of corsaries . i know philosophy and strength of art can doe much , and by connexion of naturall agents and patients fittly applied can produce such effects that may seeme admirable to those that know not the cause ; but for these extemporall meteors , i beleeve it is beyond the reach of humane skill , unlesse the ill spirit hath a hand in it . but what a foule shame is it , that one base nest of picaroons should confront and dayly damnifie all the westerne world ? vnlesse the dishonour thereof be recompencd with this advantage , that the voyaging merchant sayles with stronger and better-built vessels , which may serve the publique upon occasion of warres . these times were very fatall to favourites , both in elaiana , druina , and ampelona . in elaiana , that ancient elme , which bore up that spacious monarchie like another atlas , and servd as a mightie prop to the olive , and did what he would in petropolis for so many yeares , was removd from the helme : but fore-seeing the storme which was like to fall upon him from the secular power , hee wisely transformd himselfe into an yew ; and 't is well knowne , what high prerogatives the yews have in elaiana . his eldest graff succeeded him a while in royall favour ; but he quickly fell , by the malignancie of great ones ; the apprehension whereof , sunke so deepe into him , that it brought him to his last end . his brave old sire hearing that , sent him word a little before his fall ; that he understood he was dying like a foole ( of meere conceit ; ) for his owne part , he feard no other enemies , but his yeares . in druina also , that high-growne tree , which had been long fosterd under the indulgent branches of the royall oke , became enamord with the faire consort of one of the noblest elmes in the whole forrest ; who having continued some yeares fruitlesse , and fearing a perpetuall barrennesse with him , articled against his frigiditie , and so pleaded for a divorce : he perceiving majestie to appeare in it , made but cold opposition . hereupon it was referrd to the reverend yews , to determine ; and amongst them , some gave their suffrage for a nullitie . a discreet confident of that great tree , ( which came from a low plant to be so eminent ) dissuading him from ingraffing upon anothers right , was taken as a block out of the way , clapd in prison , and afterwards made away by poyson . hereupon he , with his new consort , being after an exact scrutinie , found by the sages of the law to be privie to this black act , were adjudgd to be struck off by the stroake of iustice : but by the clemencie of the royall oke ( who never quite forsooke any whom he once favourd ) they were still permitted to live ; but for ever removd , from being any more so neere , under the shadow of his pure and vice-detesting boughs . and as in naturall privations , there is no recession to habit , so is it commonly in the favour of princes ; whence if one fall , he is never re-admitted into that fullnesse and strength of confidence and grace . but the inferiour instruments in this black act , sufferd : which gave occasion to some critiques abroad , to compare druina's lawes to them of solons , that were like cobwebs , through which great flyes broke out , while the small ones were intangled . nor did the first act of this , doe any good to the honour of the civill lawes of druina . yet a notable piece of exemplarie iustice was acted upon the guardian of druina's prime fortresse ; who being found onely privie to some of these passages , was doomd to death , to the terror of others , for betraying that high trust that belongs to that office : and his death was the more remarkable , because he confess'd , that heavens just judgement was fallen upon him ; in regard , that to restraine himselfe from gaming , whereunto he was excessively addicted , he made a solemne vow , ( which he often broke afterwards ) that if he played any more , above such a value , he might suffer upon such a fatal tree . that nimble eirenarch ( so cryed up by reports ) who then stood at the helme of the law , wherein he was so active , that druina's monarch was usd to say , he was like a cat throw him which way you would , he would light on his feet : this iusticer proceeded with that acrimonie to cut downe this ( now pittied ) great tree , with his high-descended mate , and others , that of their sprigs he made a rod for himselfe ; for ever after , he went alwayes declining : which some held to be a deserved judgement upon him , in regard he was often observd to insult upon miserie , and to loose a life sooner then a ieast , when he sat upon the tribunall of iustice. in ampelona also , about this conjuncture of time , a politique plant of bombicina's growth , being by the favour of that stately tree , out of which the now regnant vine sprouted forth , made to over-top all the rest of the noble and princely elmes in that forrest , was at the gate of the royall court suddenly felld , draggd up and downe , his privatst parts lopp'd off , miserably chopp'd , and the remainder of his body reducd to ashes , whereof part was hurld into the ayre , part into the water , to extinguish the very memorie of him . while this tragique act was a perpetrating , the generall crie about him , was vivat rex : whereby was fulfilld the prediction of a wizard , with whom he had tampred not long before , touching the course of his fortunes ; who told him , that in short time they should be such , that he should be carryed about the streets of tutelia with such a publique acclamation of joy . his consort , an enchantresse , as some would have her , ranne the same destinie : but that which made the world speake of it the more , was , that after he had been thus , as a man would thinke , quite extinguishd , his processe was formed ; whereby he was found guiltie of nought else , that i could learne , which was actionable , but of ambition , which like the crocodile , never leaves growing ; and that being an exotique plant , he went about to take too deepe rooting in ampelona . the procedure of this businesse seemd very strange to the world , that the royall vine , having alreadie assumd the character of iust , should give way , that such a horrid tragedie should be acted in his owne royall palace , ( for palaces of kings should be sanctuaries ) and that the delinquent was not proceeded against , by legall forme of law , till after this violent death , which preceded the sentence of condemnation ? he that succeeded him in favour , did suddenly make such a flight , that from vulgar shrubs , he made himselfe , and two more which were nearest to him in stock , to be rankd amongst the tallest elmes in ampelona : yet he fell also by a kind of fatall destinie ( pestilentiall , though not so precipitate ) in the first heat of the warres against the eusebians , to which he had incited his royall master . what will become of ramundas , who hath the vogue at present , in comparison of whom , for transcendencie of height and continuance , the other two were but mushrumps ; i will not undertake to divine : but observd it is , that the ground whereon favourites stand , is no where more slipperie , and fuller of precipices , then in ampelona : which makes ramundas to barricado himselfe with as much policie and strength as may be devisd , against all shocks of violence . of the treatie of an alliance vvith elaiana . the treaty of an alliance twixt druina and elaiana , ( a peece long hammered upon the anvill of policy , and nationall wisdome ) did now openly appeare and advance it selfe ; to which end the royall oke , to remove all blockes that might lye in the way , ridde himselfe of those places he held in deposito of the itelians to prevent any request or proposition that should happily come that way from elaiana ; and considering the daily expences druina was at , and the vast sommes she was out upon them , and that most necessary dependency of conservation and community of danger , that was and still must bee twixt her and itelia , this act was not such a great soloecisme in policy , as some criticks would have it , who in regard they were the very keys of itelia , and her associated groves , observd , that while druina kept them in her hands , she was more awed and respected by the willowes then she hath beene since . at the close of this businesse , the royall oke did an act full of majesty by forbearing much of those huge sommes which might have beene demanded ; and it was in recognition of those rich presents , carbasilis receivd , when she passd through the willowes to baccharia . to negotiat this great businesse of alliance twixt druina and elaiana , earle mordogan a shrewd complying instrument , was employed , and going to have his first audience , a peece of the royall palace fell under him which could be no good omen . mordogan had studied the genius of druinas monarke so exactly , that he seldome departed from him with refusalls , hee had such a rare faculty by facetious wayes to dispatch the most important affaires of state ; hee employed all his art ( and i beleeve his heart also went along ) and left no stone unrolld to bring this mighty worke to passe ; yet so infortunate hee was , that his endeavours prov'd plausible neither in druina nor elaiana : but for my part , i am clearely of opinion , that he really wishd well unto , and lov'd the druinians next to them of his owne soyle best of any other , and so much he protested being arrested , by the iron mace of fate , a little after he had beene designd to returne to druina , when summond to his last end , it was no time for him to boggle with the world ; and the gracious oke now regnant ( to whom the olive did churlishly put over young mordogan for a reward of the manifold services of his dead sire ) did not onely resent his fall , but vindicat him from those aspersions that were malevolently cast upon him to have alwayes played with a staffe of two ends , the one of olive , the other of oke . yet he received divers outrages in druina , and one time when he had beene rudely usd and assaulted as he passd through the streets of thamisond , and news thereof being posted , though not by his means , to elaianas court , where the royall oke had then two soveraigne ministers representing himselfe , yet there was no violence at all offerd them or theirs ; which made elaiana take the advantage to arrogat to her selfe more civility in this kinde then druina this causd him to say , that druinas bran was very course , but her flowre wondrous fine ; for the taller sort of trees who could looke over into the true state of things , highly esteemd him , though the poplars who see no further then the rind , contemnd and vilified him , bringing him often upon the stage , and making him the common subject of their pasquils , wherein he rather gloried , then grew discontented . amongst other facetious passages of mordogan , i cannot omit one which happend upon his last departure from druina , at which time being magnificently feasted by the chiefest magistrate of thamisond , in the midst of these jollities , he askd leave to begin two healths ; the first , was to the king his masters mistresse , the second to his wife ; the healths being gone round , he thus expounded himselfe . that his great masters mistresse was levantina , and none are so fond of a mistresse , but if a friend hath a private favour of her , he will winke at it ; and such was levantina , who though she properly belongd to his master , yet he suffereth the brave adventurers of druina ( whereof many were there present ) to have a bout with her , and he passeth it by , and takes not much exception at it ; but his masters wife was columbina whom he desired to have wholly to himselfe , and therfore that none should meddle with her ; ( but the willowes of late have gone about to make him a notorious cuckold , and have had ready money to lye with her . ) like to this was that , when a little after the going of altapinus to homebia he was invited to a solemne meeting , where that flexanimous and golden toungd orator ( then gardian of the kings conscience ) began the king of homebias health , he pleasantly pledg'd it , and passd it over , saying it was the first time that ever he pledged the cedars health in druina . for his opinion in holy things , he had a charitable conceipt of druina's religion , and seemd to slight many things in that of petropolis , as will appeare by these few instances following . in a serious discourse once of holy orders , when many things were canvasd pro & con , hee said , that hee feared the same doome , and destiny attended the loyolists that befell in times passd , another great religious order of cavaliers , who were growne so excessively rich , that they were utterly suppressed with a strange kind of suddennesse every where , and so became a common booty to their princes . another time when that sappy and fruitfull tree ( out of whose stocke sprouted that comely elme which grevv so high under the branches of the royall oke , and did flourish long in his sole favour ) had such a vogue at court , that shee hoisd up , and tumbled downe some great officers at pleasure , and that extraordinary recourse vvas had to her for matters of grace , earle mordogan dispatching a post to elaiana , sent advise that there were never better hopes of drvinas conversion to petropolis then then , for they began to worship the mother more than the sonne . lastly , when that long flourishing favorit in elaiana , had fallen , and to shelter himselfe from those stormes which he foresaw , would thunder upon him from the temporall power , did cover himselfe with a scarlet robe ( the highest of spirituall dignities ) mordogan was askd by druinas monarke , whether he had sent for a benediction from his new elected cardinall , he answered , there was once in elaiana one who had a plum tree in his garden which was winde fallen , and there being a statue made of the trunke of this tree and placed in the church for adoration , he was asked why he neglected to worship that statue as hee did others , he answered , that he knew that statue from a plant , and what kinde of fruit the tree had borne , therefore hee thought there was no adoration expected from him . out of these instances you may inferre that he was an anti-loyolist , and liked not all things in petropolis . nor was that noble elme count sophronio whom druinas monarke employed to elaiana to this end , lesse dextrous and discreet , who although he was not so nimble and mercuriall as mordogan , yet he rather exceeded him in solidity and a high reach of understanding . he made a rare discovery of certaine plants , that were rotten at the heart , ( yet daily servd about the royall oke ) that were devoted by pensionary obligations to the olive . he went bravely attended to the cedar's court , and so to the eldars , with whom he was not behind hand . hee engagd his owne argentry to make up a somme of treasure to preserve those troupes from disbanding , which were then in motion for the recovery of baccharia under campanthropo , that admired captaine of his time , who was said to make souldiers spring up out of the very earth to follow him , though he had not a crosse to pay them salary ; and although hee had beene put many times to the foyle and to extreme exigents , yet he never fell sans resource , but still rallied his squandred squadrons , and made offensive head againe , and most brave was that retrait ( and honourable retrait is the difficultst thing in the feat of armes ) which hee made , when by the point of the sword , hee pass'd through the very heart of leoncia to his intended rendezvous , where he caus'd the thorne to burne his tents and rayse the costly siege hee had then a foot , before one of the prime townes of the itelians . and this was the greatest cloud that ever fell upon the thorne , since hee entred into elaianas service , but hee dispelld it not long after , and made his honour to shine with a greater lustre then ever , by taking in that towne whereof the orenge was proprietary lord , notwithstanding that the oke , the vine , the firre , and the ash appeard , some more , some lesse in that action for the willowes . some say this sunk so deep into the princely orenge , that it did accelerat his fall , which hapned not long after . and he being gon , the thorne wisely retired to bombycina the soyle whence hee first sprung , fearing that fortune who being a female loves youth best , would frowne , and turne her backe towards him now in his declining times . there was a strong emulation twixt these two great martialists , and the orenge derogating one day from the thorne , because hee was sprung out of a marchants stocke , and consequently was not capable of competition with him who came of a princelie extraction ; he sent him word that it was a more glorious thing for a marchant to have command over princes , then for a prince to be commanded by marchants . a brave quarter-giving enemy the thorne was , but the service of the olive ( unlesse you throw into the scales the high honour and fame hee purchased thereby ) provd over precious to him , for hee spent not onely the vigour of his dayes therein , but exhausted much of that great estate he brought with him so farre , that his owne plants , some of them , are forced to subsist meerely by pensions from elaiana . but that which was worse being before a towne in bombycina neare his owne home , which he had so blockd up and stormd , as that he had her as a bird in a cage , he was suddenly commanded by inexpected order from elaiana to raze his workes , and raise the siege , notwithstanding that the warre continued longer ; this they say he resented so deepely , that retyring to his owne naturall soyle , he presently after fell . but it is no new tricke in policy , for diverting the least dishonour that should fall upon the state , to destroy some instruments , and make them sacrifices for the publique . this great captaine had so highly deservd of the olive ( and cedar also by taking in of baccharia ) that his services seemd to transcend all reward ; and by him one may learne this lesson . that supererogatory services , and too great benefits from subjects to kings are of dangerous consequence , when they make the mind more capable of merit then duty . those fearefull fires which were kindled through all parts of poore rhenufium , had now rag'd extreamly , to quench which , the royall oke sent sundry of his noble elmes in many costly legations from time to time , but good king , while he laboured for peace , they made themselves ready for battaile . and herein the cedar proved very ingratefull to him , considering the fairenesse of his proceedings ; and touching the elder , what could be expected from him but knotty and crooked hollowhearted dealings ? yet by his high credit with the olive , he often asswagd the fury of those conflagrations , by suspension of armes and cessation of all acts of hostility , and preservd baccharia a long time from invading ; and hee proceeded so far by treaty , that he was profferd to have the imperiall ban taken off , of altapinus upon his conformity to a submission , that so hee might bee rendred capable to treat , and travell through rhenusium ; to have also an entire surrender made of his possessions to his eldest graff , which should be affianced to one of the cedars branches , and in the interim to be brought up in druina's court. moreover hee should be restored to his dignity after that old decayed elder should fall , upon whom the sayd dignity had beene in a shuffling imperfect manner conferrd , yet with this proviso , that the next heire should not be prejudiced . these propositions being sent to altapinvs , hee replied , that whereas the adverse party , requird a personall submission , and that this should precede all other things , by naturall order usd in like cases , the restitution of his country which was a thing materiall should goe before , and then the other which is but a poynt of ceremony , should follow ; and whereas hee had already complied with the cedar to signe an instrument for the conditionall resignation of the crowne of homebia , and done other acts of conformity , and no performance at all on the cedars side ; if these intentions of his were reall , the sayd submission might bee done as well by a deputy . prince rocalino's iourney to elaiana . while matters were thus in hot agitation , and no particular assurances yet had , and because that commonly dolus versatus in universalibus , the royall oke sent a choice confident to elaiana's court ( for there was the mill vvhere these matters were a grinding ) to know the truth , and reality of things , who having boldly acquitted himselfe of his charge , and brought advise that matters were still involv'd in generalls , behold a most rare adventure , prince rocalino , vvith villerio , and two discreet confidents vvell versd in the olives court , post away in private disguise to elaiana , traversing the whole diameter of ampelona , where rocalino came in so favourable a conjuncture of time , that he saw the splendor of the ampelonian court in a sett stately shevve , where among other rarities , he beheld one of natures choicest peeces , the princesse aretine , sparckling like a constellation amongst the rest , in moving measures . little thought he then , that she was predestined for him , by the high hand of heaven where all mariages are made ; but humane eyes cannot see beyond their horizon , they cannot discerne future contingencies , and in the conduct of worldly actions , what wee desire or dread seldome directly falls out , but something intervenes and concludes wee least thought of , and if what we expect doe happen , they come not many times till after the search , which sheweth that there is a supernaturall all-disposing power above ; wherefore it is not safe for our mindes to stay at second causes , for this may induce a forgetfulnesse of the first , but we must passe higher , and by a speculative act of the understanding observe the disposition , dependency and subordination of causes to the high will of providence , and then we will confesse with the poet , that the chiefe linke of natures chaine is tied to the foot of iupiters chaire . from ampelona's court rocalino flew upon the wings of love towards elaiana , and it was in the beginning of that season , that the lady flora useth to cloath our grandame earth , with a nevv livery diapred vvith various flovvers , and chequerd with all delightfull objects ; a season that was usd to bee no lesse proper , than propitious to lovers . the pretty songsters of the spring with their various notes did seeme to welcome him as he passd , the woods put forth their blossomes , the earth her primeroses and daiseyes to behold him , the aire blew with gentle zephires . but in the heavens it was observed there was an inauspicious conjunction betweene iupiter and saturne that dull and malevolent planet . rocalino being come with no lesse difficulty then danger to the o●ives royall court , the first thing hee did was to dispatch a post presently to druina to carry newes of his safe arrivall there . that night and next day after there were darke whispers up and down , but towards the evening villerio went privately to the royall palace where he had audience , and whence chenandra the sole ingrosser of the olives favour , did accompanie him backe to wellcome prince rocalino , who magnifying that brave journey , and discovering wonderfull motions of joy , hee said the olive and the oke should part the world betweene them , and that it should bee a match presently , for he doubted not but hee came thither to be of their religion ; whereunto answer being made , that hee came not thither for religion , but for a wife ; chenandra replied short , that there must bee then a dispensation procurd from petropolis . that night elaianas monark himselfe came to congratulate prince rocalino to sophronio's dwelling , but he mett him halfe way , and with much complement and mutuall embraces parted for that time . the next day he brought forth in a solemne stately kinde of march the lady amira ( the jewell which should have beene the prize and guerdon of that heroicke adventure ) to bee seene of purpose by rocalino in transitu ; but it being divulgd abroad it was prince rocalino that was come , all were transformd into a kind of amazement , which broake out after into incredible acclamations of gladnesse , every one extolling to the very starres , the bravery of the action , and the generall vote was , that it were great pitty but the lady amira though she were a goddesse , should be throwne into his armes that very night , hee had so well deservd every inch of her ; they said further that all the angels in heaven came along with him , for the country having extreamely suffered by a long unusuall drowth , upon his comming there fell downe most wholsome fructifying showers , wherein t' was said , the earth dranke healths to congratulate his comming thither . the next morning the royall olive sent some prime elmes to attend prince rocalino in quality of officers of state , and a little after he was brought to the royall palace in the same state elaiana's kings use to be attended the day of their coronation . the royall olive himselfe accompanied him , with all the flower of his court , and alwayes from that day to the very last he stayed there , he gave him still the precedency , transmitting to him all petitions and matters of grace ; multitudes of prisoners were releasd , and indeed there wanted nothing that might be added to the very height of all externe honour and ceremony . but let us looke a little into the interiour carriage of the maine businesse , and there you shall finde that , quercus connubium , connubia tractat oliva . when rocalino arrivd , matters were brought to that perfection by the strenuous negotiation of sophronio , that there wanted nothing for the consummation of all things , but a dispensation from petropolis , which at last came , and before that time rocalino was not admitted to speake with the la : amira in quality of a sutor , but a prince ; now the said dispensation came cloggd with an unhappy inexpected clause , thrust in of purpose , as it appeard , to retard the procedure of things , which was , that whereas there were certaine articles condescended unto by druina's monarke in favour of the petropolitans that were in that kingdome , and other crownes under his dominion , the great archflamin ' demanded caution for the performance of them ; the royall oke answered , that he could give no other caution then his word and oath , and rocalino should doe the like , which should be confirmd by his counsell of state and exemplified under druinas broad seale ; but this would not satisfie unlesse some petropolitan soveraigne prince would engage himselfe for them . hereupon all matters were like to goe off the hinges , and a buzze went out , that rocalino intended to get away covertly . in these traverses chenandra steps forth , and said there were three wayes to conclude this businesse ; two good , and one bad ; the first good way was , that prince rocalino should become a petropolitan . the second was , that as elaiana was oblig'd to him for his free comming thither , so shee might as freely deliver him the lady amira , trusting him without further conditions . the ill way was , not to trust rocalino at all with any thing , but binde him as fast as they could . while matters were thus a canvasing , and gathering ill bloud , elaianas king steppd out , and profferd to engage himselfe by oath , for the satisfaction of the great archflamin , but with this proviso , that hee must first consult with his ghostly fathers , whether he might do it salva conscientia or no. hereupon the businesse was referrd to a comittee of the learnedst yewes ; and the state of the question was , whether the olive might with safety of conscience take an oath in behalfe of druinas monarke , and rocalino , for performance of such and such articles that were agreed upon in favour of the petropolitans , throughout the kingdomes of the royall oke . this assembly long demurrd and dwelt upon the question , and after a long protraction of time , they concluded at last affirmatively ; and in case the oke faild to execute what was stipulated , the olive was to vindicate his oath , and right himselfe by the sword . this difficulty being surmounted , there was exceeding great joy , and all the capitulations were interchangeably sworne unto both by the oke and olive , and as chenandra said in elaiana , so the royall oke himselfe was so confident , that he said ; all the devills in hell could not now breake the match ; whereunto a blunt facetious knight being by , answerd , that there was never a devill now left in hell , for they were all gone to elaiana to helpe to make up the match . but matters being scrued up to this height , the great archflamin , as heaven would have it , f●ll ; vpon which tydings the royall olive came to prince rocalino and told him that he had receivd very ill newes , which was , that the holy sire , who was so great a friend to the intended alliance ( who had formerly writ unto , and sent to visit prince rocalino ) was taken away by the hand of fate , and in regard there was yet no contract but a treaty only a foot , hee could not proceed further in this businesse without a ratification of the former licence by melissanus the newly chosen archflamin , which by reason of his indisposition of health , and the large distance of place , could not bee dispatchd with that celerity that was wishd : but now that his highnesse was pleasd to stay so many years for a wife , might well stay a few months longer , and he would undertake to negotiat and procure that dispatch from petropolis with all the expedition that might be ; and if he pleasd to give way that the la : amira's journey to druina might be defer'd , untill the next ensuing spring , he would give him a blanke to write his owne conditions , touching the surrendry of baccharia , which might recompence his so long stay : prince rocalino upon this answerd , that he was infinitely bound to his majesty for all those transcendent favours hee had receivd since his arrivall to his court , and the reasons that inducd him to undertake so hazardous a journey were two ; one to streigthen the league of amity with his majesty in his owne person ; the other was , to give the world a greater testimony of his love to the lady amira to whom hee had already transmitted his best affections ; and hee had thought the soveraigne agents of his royall sire , had brought matters to that ripenesse , that hee needed not to have come thither to treat of a mariage , but to fetch home a wife ; now since his majesty alleadgd that the late holy archflamin bring go●e , hee cannot proceed further without the approbation of melissanus the newly elect , hee desird him to consider that if his majestie had a spirituall sire to comply withall , hee had a naturall sire to obey , which was druinas royall oke , whose toppe being already periwiggd with snowy age , was sickly and impotent and subject to many indispositions , therefore hee feard that hee being his sole masculin plant , and the staffe and comfort of his age , it had already wrought some ill impressions in him , that he wanted him so long beyond the proposed time . besides the eyes of all druina were fix'd upon him , and hee being their next succeeding hopes , this his so long absence might produce ill effects , and dangerous consequences of state at home ; adde hereunto that there was a royall fleet already floating on the seas for his transfretation , and the season , if hee retarded his voyage any longer , would grow rough and dangerous . moreover his majesty was not ignorant , that the capitulations which his royall sire had signd and sworne unto , and were confirmd by his counsell of state , were done with this proviso , that if hee be not returnd in druina by such a time , all that was passd should be pro non facto . the olive hearing this , stood a while at a stand , and after said , since his highnesse had pressd the necessity of his departure with such pregnant reasons ; if he feard any commotion in druina , by reason of any thing that might reflect upon these proceedings , hee would send an army with him of purpose ; and since matters were so , his highnesse might thinke fit to leave a substitutive power , with whom he pleasd to bee contracted to the la : amira , which should be precisely done ten dayes after the confirmation should come from petropolis ; and if hee pleased to repose that trust in him , he would faithfully discharge it , and esteeme it a singular favour , and then hee might send when , and whom hee pleasd for her , for ever after she should be at his disposing . prince rocalino replied , that touching his first proposition , for an army to goe with him , the remedy would be farre worse than the disease , though there should bee tumults in druina ; for the second , he made semblance to bee mightily taken with it , saying , that of all the grandezas he had received since his comming to his royall court , this surmounted all the rest , therefore he would leave a power behind in sophronio's hands , to that end . this being done , rocalino without the least ombrage of discontentment , prepares for his journey backe , leaving behind him gemmes of invaluable esteeme , and such as was confessd , never to have beene seene the like in that court , as presents for the lady amira , which were , i cannot deny , very honourably returnd by elaiana after the rupture of the treaty , and publike declaration of warre . the olive himselfe with the rest of the royall stemme , accompanied him a dayes journey of , and never were seene streighter embracements , and outward arguments of love and reiterated endearements betweene any , then betweene the olive and rocalino at their departure . but villerio and chenandra parted not so lovingly , villerio telling him , that hee acknowledged himselfe unmeasurably obligd , to the royall majesty of the olive , and the rest of the princely branches in an eternall tye of gratitude , and that therefore he would mainly endeavour in what in him lay , to nourish and strengthen still the peace twixt the dominions and subjects of both crownes , but for your selfe count chenandra , you have so many wayes disobliged me , that i cannot make any profession of future friendship to you without flattery ; chenandra answered very short , that h●e accepted of what hee had said , and so they parted . prince rocalino taking his leave of the lady amira , was desird by her to see a vestall saint in his way as he passd , who was then cried up for miracles ; in some divine exercises she was reported to be often lifted up in the aire , and appeare as fresh as a rose , though she was so furrowd with age , that she lookd like a spirit kept in a bagge by some conjurer . but hee comming thither , and shee mingling discourse with him a long time , the substance whereof was for the most part , that he should bee good to the petropolitans in druina , and to bestow an alme amongst her poore vestall sisters , there could no elevations be discernd , or any sudden changes at all in her , or any other miraculous feates , though shee could have never shewd them in better company . prince rocalino being conveniently attended to the sea side , and with extreame hazard embarkd , a private instrument was dispatchd in his name to elaianas court with instructions to sophronio to stay the delivery of the proxy , till further directions from him ; but these instructions were not to bee delivered untill the ratification had come from petropolis . in the interim great preparations were made against the celebration of the nuptials , the lady amira applied her selfe daily to learne druinas language , the soveraigne ministers which represented the person of druinas monarke , carried themselves rather like subjects towards her , then ambassadours ; many rich accoustrements and presents shee had provided for prince rocalino , her family was assignd her , her officers distinguishd , and ( which weigheth much with me , for the reality of the thing ) sophronio had provided a great number of brave liveries for his attendants , as rich as any that ever were worn in that court , and matters were cryed up with such a certitude , that the mart went twenty to one , the businesse would take . at last the ratification came plenary , and absolute from petropolis , but a cunning rumor went out , it had come some weekes before , upon which the private instructions which were sent in prince rocalino's name were anticipated by sophronio , who while he remaind anxious and fearefull to preferre a private order to the prejudice of the high commission of druina's monarke under the greatest seale , which none can countermaund or suspend but the same power that give 's it , hee proceeded still untill new instructions came from the royall oke himselfe to stay the delivery of the said proxy ; and that whereas before he treated singly of a match , hee should now joyne the restitution of baccharia with it , for he would not marry rocalino in joy , and leave carbasilis in teares . sophronio solliciting the royall olive upon the new commission , and not receiving a satisfactory positive answer , had order to depart that court , and so all was dashd to peeces . vvhence i learne , that in politicall affaires , as well as mechanicall , it is farre easier to pull downe , then build up ; for that structure which was above tenne sommers a building , and that by no meane artists , was destroyd in a moment . and the world adjudged elaiana to be well apayed for the hard measure she had offerd prince rocalino , to tantalize him so long with dilatory hopes , and let him returne at last without his errand : for upon the very point , when the businesse should have beene consummated , and the lady amira tendred , the motion may bee said to have beene rejected as it were by druina . many obstacles concurrd to hinder this great worke . the maine of all , difference in religion ; for so simple and blockish were they of elaiana , that the common voice was , prince rocalino came thither to make himselfe a christian ; and happy had it beene for that businesse , if he had never lodgd in the royall palace , but had taken one of his owne , wherein druinas liturgie , and the rites of her church might have openly appeard to unbeguile those silly wretches . the clashings twixt villerio , sophronio , and chenandra , who opposd it as long as t' was safe for him , the exceptions that were taken at villerios commission . but pitty it was , that the intendments of soveraigne princes , specially such an action as that , which concernd the incolumity and peace of all the westerne world , the quenching of those fires in rhenusium , the reinvesting of carbasilis in baccharia , which as it was then given out , should be redelivered at the instance of the lady amira after the match , to ingratiat her selfe thereby the more to the druinians , besides a mighty advantage of commerce , for no country is able to doe druina more good and lesse hurt then elaiana ; i say what pity it was , that all this should bee frustrated by privat passions and interests . another rub in the way , was the disaffection of those ministers that were sent last to druina to finish all things , especially one of them , and he the chiefest , whose heart did not go along with the businesse . it was also discovered that the luranians ( of whom multitudes subsist by the olive , who if the businesse had taken effect had beene dismissed , and that crowne disburdened of those pensions they received , but they preferring to sticke there rather to a certaintie , then to seeke new fortunes , and begin the world againe in their owne soyle ) did no good offices in the conduct of this businesse . besides 't was thought the ampelonian , and the myrtles ambassadors , with others there resident , were not idle . furthermore it had beene wished that some had had more discretion joynd with their zeale to this great businesse , which should have made them more cautious and reservd in their speeches and behaviour , and complied better with the humour of the elaianians , against whō & the poverty of that countrie , they would openly inveigh and gibe at , even in the royall palace . some sayd , if they had left an eye behinde them in elaiana , they would not come thither to fetch it againe ; others , that they would never returne thither unlesse it were to conquer her ; others , that they would never see her againe unlesse t were in a mappe ; others would say , they thought there was no resurrection out of her ground . which puts me in mind of that boysterous buffon , who sayd in the royall presence of elaianas monarque , that his master was nearest and likest to god almighty of any king upon earth , and being asked why ? hee answered that god almighty had but onely one sonne , and hee was sent to bee crucified by iewes ; and druinas king also having but one , hee sent him to bee crucified by elaianians . but for rocalino himselfe , as elaiana rings of the renowne of that heroique enterprize , and will doe , to all posteritie , so to this day his memorie and fame is fresh in that court , for his sage and princelie comportment , mixd with such a becomming gravitie , that it suted with the very genius of that nation , where a prince without gravitie , is said to be like a peacock without a tayle . whence it may be inferrd , that though the maine businesse tooke not ( which continues a darke kind of riddle to this day ) yet rocalino gaind much in poynt of honour , besides the mighty experience ( which is the great looking-glasse of wisdome ) he purchased thereby . never was lady so gallantly courted , no not daphne her selfe ( whom the amorous god converted to a laurell ) was woo'd with that braverie , and strength of affection , which was shewed with that fervor , that elaiana very poorely made use of it , to gaine time & get stricter conditions ; for as i heard one of them say , love is like a p●●●e of charcole , which meeting with the wind its contrary , makes it turne more ardent ; or like a rapid torrent which jusling against a damme swells higher ; so love meeting with opposition growes hotter and stronger . but a most unworthy thing it was , and which all the world cryed out at , to make this his heat of love , and comming thither , two acts which should have accelerated the businesse , to turne to his disadvantage . but it hath thriven with them accordingly , for it is observd that their affaires up and downe the world ever since have thriven but very odly . after his departure it was disputed pro & con , whether that affection whereof he had shewed such brave testimonies , was reall or no ; howsoever it was granted by both sides , that rocalino had purchased a high opinion of honour by it ; for if it was reall , hee shewed himselfe to be a great master of his affections , that he could checke and call them home so soone ; if it was otherwise , it discovered a high poynt of wisedome , to act the part of an amorist so lively and pathetically ▪ had that blind greeke , one of the muses first priests , bin contemporarie to this heroique adventure , how proud had hee beene of so sublime a subject to heighten his fancie , a subject indeed adaequate to apollo himselfe and his whole quire of daughters ; and i cannot wonder enough , that none all this while to whom ex meliore luto finxit praecordia titan , have not employed their talent to this taske , considering the rarenesse , and richnesse of the matter . but to resume my discourse , sophronio having received that foresaid new command from the royall oke , went to propound the entire & speedy surrender of baccharia . the olive answered , that if a treatie would bee commencd with the cedar , who was now lord of it , and hee , with the elder , ( but his commisioners , ) if hee came not to termes of conformity , hee would joyne armes with druina to recover it , and for caution hereof hee would engage that rich citie whither his fleet of treasure arrives yearely . but this not satisfying , hee went to take his leave of elaianas king , who had commanded chenandra a little before to tell him in his name , that hee had receivd advise of his revocation , and understood also by diverse advertisements , what clouds were engendring in druinas court , and in regard the envie which was drawne upon him proceeded from the labours and endeavours he had employed to finish the match , therefore he would hold himselfe much touchd in honour , if for this cause any should so prevaile against him as to cause his ruine or disgrace . therefore he would write to druina's king , and send a particular ambassador , if neede requird , to represent the true state of things , in regard that sophronio had servd him with that exactnesse of fidelity which was well knowne to the world , and to elaiana , in particular , that it deservd not onely to be assisted with all good offices , but it was fit to be rewarded , and published ; and that the royall olive for the example of his owne subjects , and encouragement of those that did or hereafter should serve other princes with that punctuality as sophronio had done , had commanded him to offer him a blanke signd by the royall olive himselfe , wherein he might set downe his owne conditions , both in point of title and fortune ; and this hee did in no way to oblige another prince his subject , but only as an encouragement to honest and faithfull proceedings , and therefore he would not make these offers in private but justifiable to the world , and would accompany all hee should doe , with a declaration , that this hee had done , was for the service hee had done his owne master . sophronio replied , that he was much afflicted to heare such language ; and that hee desird it might be knowne and understood , that elaiana was not any way beholden to him , for what ever he had done , he did it , for that he thought it fittest , for his masters service and his own honour , without having any relation to elaiana ; and that he servd a master from whom he was assurd of justice and due reward : and for those who were thought his enemies , hee knew their power to bee great , but hee servd so just a master , that hee doubted not , but his innocency would prevaile against any wrong , they should intend him ; and though his own integrity would not give him leave to apprehend any kind of danger or disfavour from his said master , and were he assured to runne into eminent danger , yet would he rather goe home to cast himselfe at his feete for mercy , and thereby comply with the duty and honour of a faithfull servant , then to bee the greatest of elaianas princes . so i leave this mighty businesse for a riddle ( as i said before ) both to the present and all future ages ; for the bookes of kings are written in darke characters which few can uncypher , and their actions like deepe foords , wherein elephants may only swimme ; or as great rivers , whereof we see the course of the streame , but know not the source . so i leave also sophronio preparing for his journey , and inexpressible it is , what a blacke kind of obstupefaction , and regret all the world was possesd withall in elaianas court , specially the la : amira , who , wee thought , would have turnd into one of the heliades ( those amber weeping-trees ) for sorrow . many arguments of a reall love appeard from her towards rocalino , amongst others one was , that she caused many divine duties to be performed for his safety in his returne to druina ; where being landed he fell down and kissd the very earth for joy ; and being come to thamisond , one would have thought that huge body composd of such numberlesse peeces had beene all one fire , and turnd to one flame from those huge piles of sacrifices of universall joy , notwithstanding those huge cataracts of water that powrd downe from the meteors ; but greater farre , and more ardent were those inward flames of gladnesse , wherewith all hearts did burn and sparkle to see their rocalino againe . all mouths were full with oken leafs and in the wood so wide , &c. with other such songs and catches of airie mirth ; the very inanimat creatures as steeples and walles , did shake with joy , yea the very pavements and channels pledgd healths for this happie returne . amongst other forren congratulations which came from farre and neare , carbasilis suddenly sent , but with this complement , that next to the hand of divine providence , he might thanke her , and her numerous graffs , that hee came so safely and freely backe , so that i cannot but deride their shallownesse , and poverty of judgment , who thinke elaiana had any designe to detaine him there . the royall oke summond hereupon a generall assembly , wherein by the relations of villerio ( and indeed he for his own particular had little reason to love elaiana ever after for some disrespects that had passd , ) the two treaties , touching the alliance with elaiana , and restitution of baccharia were quite dissolvd by the unanimous vote of that great assembly , not one dissenting from it , which made his majestie say , that he thought they were led by one spirit , as the seventy interpreters . and nothing could be more pleasing to the druinians then the rupture of these treaties , as the case then stood , for they were extreamely nettled to see the princely standell of their royall oke returne from elaiana with a branch of willowes . nor indeed did the poplars and coppices and vulgar sort of druinas trees , specially thamisond , ever affect this match , for they were transported with such a reasonlesse aversenesse to it , that whosoever did speake but in favour of it , or discoverd any good wishes to it , hee was presently held a petropolitan , and to have swallowed a leafe of the ivie . the petropolitans throughout all druina were exceedingly dejected and crest-fallen at these proceedings , and that matters went so crosse in elaiana ; and as it was observed to be an ill favourd augury , that a peece of the royall tarrasse fell under mordogan at his first audience , when he came hoc agere , when the treaty of alliance begun to be in serious agitation ; so a little before this dissolution of it , another fatall accident , or rather tragique presage fell out in thamisond : for as the petropolitans were in midst of divine exercise , and some say inveighing against the eusebians , the oratory suddenly tumbled downe , so that a great number of them were quashd to death by the very inanimat creatures of stones and rubbish to the consternation of all the world . and this happened when they were a gogge and building of castles in the aire , and at the height of their hopes , that by vertue of the said alliance , they should have a kind of liberty of conscience equall to a toleration . the royall oke following the advise of the foresaid great counsell prepared for a warre , which quite turnd the match , to powder ; mars thrusts hymen out of dores , and ianus gates flew wide open ; then which nothing could bee more thwarting and opposite , the one to his disposition , the other to his desires which had beene so vehemently carried that way for many yeares ; they promised to make him belovd at home , and feard abroad as much as any prince that was , to which end they gave him round sommes of moneys ; a polemicall counsell was erected for the conduct of the martiall affaires , and by the gracious condescent of majesty they were to dispose of the pecuniary levies that were made to that end . as matters were reducd to this passe , behold a notable peece of machiavillianisme , formd and complotted against villerio by the soveraigne ministers elaiana had then in thamisond ; who in a private audience they desird to have of druinas monarke , undertooke to discover unto him a notable conjuration intended both against his royall dignity and person , which was ; that villerio with some of the prime of his counsell had consulted of the arguments and meanes that were to be taken for the dissolving of the forementioned treaties ; and that their consultations passd so farre , that if the majesty of druinas king would not accommodat himselfe to their counsels herein , he should have a house of pleasure where hee might retire himselfe to his sports , in regard that prime rocalino had now yeares and parts answerable for the publike governement . the royall oke upon this imperfect overture , made many instances unto them that they would give him the authors of so pernicious a conspiracy ; but they instead of confirming the great zeale they pretended to beare him ▪ all the answer they made consisted of arguments against the discovery of the conspirators . hereupon his majesty commanded some of his secretst counsellors , with others to be examind and sworne , and that such interrogatories should bee propounded unto them that were most pertinent to the accusation ; wherby there was found in villerio , and the rest who were impeachd a very cleare and sincere innocency , touching these foule imputations . this being so , new instances were made to the said ambassadors , that they should not prefer the discovery of the names of the conspirators to the security of his royall majesty , the truth and honour of themselves ; and the hazard of an opinion to be held the tracers of a plot of such malice , sedition and danger ; but the informers continued in a knobby kinde of obstinacy resolving still to conceale the names of the authors . hereupon druinas monarch sent two of his sages to tell them , that they being the authors of an accusation so pernicious , had rendred themselves incapable to treat further with him , and were it not for the respect he bore to elaiana's king whose person they did represent , hee would and could by the law of nations and the right of his owne royall iustice proceed against them with such severity as the offence deservd , but for the reason aforesaid hee would leave the reparation thereof to the justice of the royall olive himselfe of whom he would demand and require it . hereupon the soveraign minister who was then employed in elaiana was commanded to require refaction and satisfaction against the informers or rather inventors and forgers of the aforesaid misinformation , which was of that quality , that it was sufficient to put impressions in him of perpetuall jealousies , in regard that through villerio , they did wound prince rocalino , and the best of his subjects ; for it was not probable , that villerio would have hurld himselfe into such an enterprise without communicating of it first to him , yet notwithstanding the royall oke would not mingle the correspondence and friendship he holds with the majesty of the olive , with the faults and offences of his ministers , but leave them , and restraine them to themselves . these things being represented to elaianas king , he seemd then to be somwhat sensible of them ; but when the aforesaid ministers were returnd , they were onely confind for a few daies : but afterwards instead of reprehension they were rather rewarded and further employed . not long after , the royall oke who all his life time had continued in a constant calme of tranquillity , notwithstanding that al the circumjacent forrests were often in fearefull combustions about him , and had beene the gracious vmpire of so many soveraigne quarrels ( glorying in the attribute of peacefull ( and might bee said to have bin the caducean rod which composd and charmd all dissentions twixt other princes ) was feld by the dire hand of fate , being newly plungd in a war against elaiana . from the very time that hee sprouted first above ground , he was pursued with treasonable practises , and his tutelar angell still mervailously garded him . nor was there ever any monarke upon earth since his time that writ from the cedar to the shrub , of a greater latitude of learned knowledg , which made him to bee termd druinas third vniversity . aarons rod never bore more buds then under the branches of this gracious oke ; nor did the groves of the muses and common wealth of letters so fructifie at any time ; so , that in the firmament of learning hee will shine to all posterity a starre of the greatest magnitude , crescet oculto velut arbor aevo , fama . — touching his profound reach in holy things , let that pourtrait drawne out of the sacred oracle , and the difficultst part thereof , beare the world witnesse ; which peece hee sent the great archflamin to pay him all old arrearages . never any country flourished more in the commutative part of justice , as did druina in his time , specially the first tenne yeares , in which space , besides other places , thamisond did so enrich her selfe , that shee gathered more than she had done in thirty yeares before . his stately spouse sprung out of the ancient stemme of the royall firre of elatena , was transplanted some yeares before to the celestiall paradise , whither t' was said she went in noahs arke , and he in elia's chariot , al●uding to the quality of their diseases , the one aquatike , the other hot and dry . in this peacefull prince there was an admird concurrence of many high platonique vertues , onely he would sometimes come too neare the fire of passion , yet never in any serious , but sudden triviall passages . munificent hee was beyond the ordinary custome of kings ; most confident of the fidelity of his agents and instruments ; for hee was wont ●o say , that when hee employed any servant in a serious businesse of trust , he would not imbitter the sweetnesse hee conceavd of his fidelitie with any mixtures of feare or diffidence . yet if any miscarried , the distaste would not dwell long in him , nor i dare say did the sunne ever goe downe upon his anger . some there were upon whom the beames of his regall favour reflected more strongly . and why not ? have not the wisest of earthly monarques had their favorits ? for if every creature is left free to like where he list , it were preposterous and injurious to deprive kings of that liberty which the meanest of their subjects enjoy , they command multitudes of subjects as they are kings , but they are subjects to their owne passions , as they are composed of foure elements . the princely standell which had beene a long time the hopes of druinas crowne , became now the crowne of her hopes , and succeeded in the royall throne . — tandem fit surculus arbor . a prince endued with such a strength of vertue , that he seemes to strike malice dumbe ; a prince of whom it may be sayd , that he hates the very names of those vices that are incident to princes , more then other princes hate the vices themselves . he was well balancd , and of a growth just ripe for this mighty burden , having newly taken the vest of virility , and being reard up to a comely cleane timbred strong bulke , wonderfull active and patient of toyle ; and if forren travell begets wisedome in regard the eye , which hath a more immediate commerce with the soule , and is a faithfuller witnesse then the eare ; hee is the best traveld prince by the sea and land of any , and therein hath the advantage of his neighbours . of a solid and excelling judgement in the hardest and choycest things , but specially in the service and deserts of his officers and servants , who in a monarchy are accordingly active or carelesse , as the prince is capable to distinguish and judge of their labours ; whereby i hope to see druina vindicated more and more of the aspersions the world abroad casts upon her ; that she slowly seekes after well qualified instruments , and more slowly cherisheth vertue in her owne plants , but admires any thing in strangers , and is more ready to employ them , though she have of her owne , equally if not better qualified . most singularly indulgent hee is of his royall consort , which is so acceptable to heaven , that shee corresponds with him , in bringing him forth many reall fruits of his love , sweet princely graffes , which i may well avouch , are the best for alliance and stocke that ever the earth had , being as immediately extracted out of the oke and the vine , so are they nearely allied to the cedar , the olive , the firre , the anciently descended vine , and all the best stemmes of the westerne world ; so that if ever any plants sprung de semine divûm , as some philosophers affirmd , they may be said to have sprung so . he is inflexibly just in the expiation of the crying sinne of murther , yet most tender of the life of the meanest shrub that groweth under his princely boughes . most tenacious he is , of his purposes , when they have beene pondred , and layne long in the ballance of mature deliberation , and winnowed by the debate of his sages . but above all things else ( and indeed all things else are but bables to this ) hee is most punctuall in his pietie to heaven ; so that take all this together , this inference will result , that if hee were , but one of the ordinary vulgar plants , they that know aright , would judge him to be one of the compleatest , and most vertuous of all druina . but the crown which descended upon him was inlayed with so many difficulties , that it might be justly calld a crowne of thornes for many yeares ; for after a long calme of peace , hee was left newly engagd in a war against one of the greatest of earthly monarchs , and ( as it was said of one of his progenitors ) with a rustie sword , and empty purse , the crowne being fallen into a bottomlesse pit or gulph of debt , besides his own former arreares ; the moving fortresse which are the chiefe strength of druina were in slender repaire , his magazines of amunition ill supplied ; the lady carbasilis with her numerous issue were to bee provided for , and hee was left to seeke for a spouse for himselfe . but by the speciall favour of heaven , hee hath surmounted all these difficulties and brought the glory of druinas diademe to cast a greater splendor then ever it did . touching a royall consort , the high hand of providence , reservd for him such a one , that there never sprung up above ground a more beauteous or approaching nearer some celestiall deity ; for through those starry casements of her soule , one may discerne in her a kind of divinity transscending the race of mortals , so that in this virginian vine , the saying of the wisest of kings may be verifyed , that a good wife , is a tree of life . this young royal oke being now setled in his throne , he sends villerio to visit the disconsolat carbasilis , and to confirme a league defensive and offensive with the willowes his fast friends . he suddenly sends a mighty fleet against elaiana , but the critickes of those times abroad , said , this fleete so quickly riggd shewd rather the power then providence of druina , yet she returnd without any passive encounter at all . he employes two of his noblest elmes to treat of an alliance with that peerles peece of natures rarities , the lady aretine , which great businesse by their wise and successeful negotiation was concluded in fewer months , then elaiana spent yeares in her treaty ; so that the la : aretine was entitled by holy rite , queene of druina , which shee would not accept of , unlesse shee had the title of ampelona's queene also added . thus the youngest spray of the great martiall vine came to druina , with a great masse of ready treasure , and a row of her owne country graffes for her first sett of servants ; but they misdemeaning themselves by some fond fopperies of superstition in prejudice of the la : aretine her health , and for other morall miscariages were suddenly dismissd and sent backe to ampelona with bagge and baggage , all their salaries being punctually payed them to a penny , and many of them parted with rewards ; though a very moderne chronicler traduceth druina in this point , to have dismissd them without their wages , &c. but as in this , so in many other relations hee takes up things upon trust ; and imperfect partiall information ; a grosse defect in a royall chronologer , nor indeed can it be judgd whether his faults in this kind , or flatteries throughout the whole body of his story , bee grosser ; and whereas history should bee the torch of truth , hee makes her in diverse places a fuliginous linke of lies . the renvoy of the ampelonians was ill taken by the royall vine , and the suddennes of the action did much aggravate the businesse , with the quality of the persons , being for the most part younger graffes , having parted with what they had in their owne soyle to take rooting and grow up in druina about the lady aretine . vpon these distasts the voyaging marchants pillage one another , as they found advantage , yet the two kings stirrd not a good while after ; for it is with kings sometimes , as with porters , whose packs may justle one against the other , yet they remaine good friends still . not long after drvinas monarke convokes an universall assembly ; to whom , he declard to have calld them together for the safety of religion , for securing his kingdomes and subjects at home , having two such mighty monarkes his actuall enemies , for the assisting of his allies and confederates abroad , specially the royall firre , who had lately embarkd himselfe very far in open war against the cedar principally in behalfe of prince altapinus , and was reducd to wonderfull streights , being chasd out of a great part of his dominions , by the cedars generall . for these with other important motives hee propounded a supply of treasure . these things at first overture were well resented by the lower assembly , who with much alacritie agreed to a good round supply , and indeed it was the greatest gift that ever subjects gave king , but before it was brought to any sound perfection , this good worke was unluckily disturbd by a multitude of questions concerning the priviledge of the subject , and prerogative of the soveraigne ; by which delayes the reality and reputation of that great donative was much lessened , and the forren actions , the royall oke was engagd in abroad receivd much prejudice . yet he did formally confirme unto them all their ancient priviledges , and gave two most gracious answers to their petitions tending to this end : and having complied with them thus to their hearts desire , as also in two former assemblies wherein were delivered them as sacrifices some of the crowne officers , and done them sundry other acts of princely grace , yet some extravagant spirits given over to fancy , and faction , disturbd the calme of these proceedings . they fall like thunder upon villerio , alleadging that he was the cause of the incongruity in government at home , and of disasters abroad ; that he was the first that deflourd the virgin honour , making her a kinde of prostitut , and meere marchandise salable for white and redde earth , which is too base a price for her , that should be the prime guerdon of vertue , through whose temple only , there should be a passage to hers . they complaine of his exorbitant power , having in his hands the privatst and most reposefull offices of trust , by sea and land , & such as were incompatible and never known in the person of one subject . they cry out that none received advancement but his progeny , which they termd the tribe of fortune , with other high clamours : thus hee who in their former meetings was a great subject of their commendation , when for dissolving the two treaties with elaiana they said he had done so well , that he deservd to have his statue publikely erected in the midst of thamisond , became now the chiefe subject of their complaints and grievances . but the rayes of royall majesty reverberated so strongly upon villerio , that they dispell'd all those clouds , which did hang over and thus obumbrat him , and the rather because evidence , which is the lanterne of of the law , was wanting , these accusations having no other proofe but publike fame . in these times a warlike fleet was prepar'd against ampelona , in regard the vine had not performd certaine capitulations , that were promised the royall oke in favour of the eusebians there , besides one moitie of the lady aretines dower was not sent according to article , with other provocations and secret motives . the enterprise fayling , though the first invasion ( and would heaven had pleasd the retreat had beene answerable ) was made with as brave a resolution as any martiall attempt could possibly be , and in managing the souldier villerio , with the rest , shewed undeniable assurances of valour : yet the royall oke was not a whit daunted hereby , but presently commanded a greater number of vessels of warre to bee riggd and made ready in pursute of the same designe , upon which villerio was to goe generalissimo againe ; but being upon point of embarking , this great commander having at his becke such a multitude of martiall spirits was suddenly cut off , to the consternation and amazement of all the world , by a fatall stroake which was given him with a small contemptible instrument , and with such an admirable advantage , that it was impossible either by slight or art , or strength of engine , to dispatch one sooner out of this world ; and which made the act more tragicall , his noble consort , then pregnant , beheld him thus felld , and weltring upon the ground presently after . thus fell that procere goodly faire timberd elme in the fulnesse of his strength , who had so long flourish'd under the gracious branches of two royall okes , having led halfe his life in that height of fortune , and affluence of all earthly pleasure ; who being thus fallen , many inferior trees grew great out of his boughs , in so much that the saying of the philosopher , who being askd , what was a doing in heaven , answerd , magnae ollae franguntur , & ex frustis earum minores fiunt , mought have beene not improperly applied to what then passd in druina . out of this sad catastrophe may bee drawne this lesson , that great ones may secure themselves from guilt , but not from envie , which like the sunne-beames beates upon rising grounds , and towring high trees , when the shrub is safe . cernis ut ventis agitatur ingens pinus . — he had a concurrence of all those gracefull parts , that might attract princely love , and conduce to the accomplishment of a courtier , and had hee containd himselfe still in that condition , hee might happily have lasted untill time had covered him with hoary mosse . the royall majesty which first tooke him into favour , agenid and traind him up for his own turne by certaine degrees in the most pertinent affaires and mysteries of state , observing therein the progresse of nature which suffereth no motion to passe from one extreme to another , but by intermediat spaces , as she useth to passe from winter to summer by the interposition of the spring , and so returne to winter by autumne : so that platonike prince servd himselfe of certaine pawses to advance and employ him ; and hee was no improper peece to worke upon , having so pliable and gentle a genius , that he grew very pregnant and dextrous in the art of government . among other maximes of policy he proposd to himselfe in the conduct of his affaires , one was to neglect apologies , whereof he said , he saw no other fruit then to multiply discourse , and humour the vulgar , nor did he ever value any pasquils that were dropd up and downe , so farre , as to thinke them worthy of his revenge , which questionlesse was a well settled rule , for libels neglected quickly finde their owne graves ; and dissipat to ayre . hee was none of those idolaters that worship the beast with many heads , that use to burne incense to the vulgar . and as herein , so in many other things , great abilities appeard in him , for extraordinary must be the wisdome of him who floateth upon the streame of soveraigne favour , wherein there is seldome any sistence , twixt sinking and swimming . a sure friend he was , and a resenting foe , a brave master to servants , and a remembrer of the least good office ; for his stocke ; he transplanted most of them to plentifull soyles . and doubtlesse hee had a brave soule to actuat that comely composure ; and an innated valour appeard in him , when hee put himselfe upon the souldiers defense as he receivd the mortall stabbe . i will conclude with part of a character that a judicious cavalier gave lately of him ; hee was a great example of sobriety and temperance , but not of continency . the assassin that feld him found oftentimes strong and strange reluctancies in himselfe , nor could hee give any other reason that pushd him forward to this black attempt , but that he was blasted by the great assembly , and so thought it an act agreeable to heaven to take away the partition wall betweene the king and his people , and make him a sacrifice to the publike , though with an unavoydablenesse of his owne destruction , confronting thereby death in the face ; whereby was verified that saying , that he who is carelesse of his owne life , is master of another's . but heaven forbid that this custome which hath such a vogue in other parts , should take footing in drvina . this tragedie being acted , the royall oke pursueth his designe for supporting of petrina , with the eusebians in ampelona , but this disaster as it bred confusion for the time , so it causd a stand in the procedure of that great action , which gave the vine respit to finish those stupendous circumvallations and barricadoes hee had reard up by sea and land to begirt petrina ; in so much that when another noble elme was sent with strength sufficient to have achievd a greater exploit , he found her passd cure . this some say went to the very heart of elaiana , who in regard of that notable advantage , and addition of united power the vine got hereby , would have found some way or other to have relievd petrina , had she thought druina would have missd it . the great assembly aforesaid rejoynd , and mett againe in one body , and now he that was supposd to be the cause of the tempest being throwne overboard , there were great hopes a calme should ensue , but the storme continued as furious as ever , and unlucky passions blustred as much , if not more , than they had done formerly in villerios time . they flew a fresh upon other great officers and questiond a duty , that for garding of the seas , and common defence of the realme had beene indisputably granted to so many preceding kings for a bene esse , which they made difficulty to affoord the royall oke regnant , unles he would first renounce alright to it , and so receive it meerely from them . thus they choppd logicke with soveraigne majesty who movd with these traverses , resolvd though to his unutterable griefe to dismisse this great counsell , but upon the point when this was to be done in forme , the lower assembly in a strange tumultuary manner adjournd themselves , before they had receivd his royall pleasure . they denied him his officers at armes , violated the prolocutor , being twise sent for , delayed to let in his messenger , and discontentments turning thus to a strange kind of disobedience , they broake up in confusion . adde hereunto that notwithstanding there was another peculiar assembly of reverend yewes of purpose for the regulating and sweeping cleane of the house of the almighty , yet the poplars must make it their office to tamper with the constitution of holy things ; and indeed this is one of the greatest scandals and brands , that not only petropolis , but other forreners ( who have with her forsaken petropolis ) cast upon druina . viz. that her ecclesiasticall ordinances are the commands and injunctions of this secular power , and members of this assembly , who not only confirme ( which may become them well enough , and is necessary for a generall obedience ) but take upon them to be iudges herein . so that one being askd what they did in that lower great assembly , hee was answerd pleasantly , that they were making of a new creed ; another was over-heard to say , that hee could not bee quiet in his conscience , untill the holy text should be confirmd by an act of theirs . whence may bee inferrd , that some of them beleeve , it belongs to them to make sanctions , as well as statutes . this inducd the royall oke , though he be responsible to none for an account of his actions but to the high majestie of heaven , to publish an open protest unto the world , for the satisfaction of his better sort of subjects , of the causes of these disorders , declaring that while villerio liv'd , hee was intitled to all the distempers and ill events of former assemblies , therefore much endeavour was usd to demolish him as the only wall of separation twixt their soveraigne and them , but he now being cut off , no alteration was found amongst them at all , or calmenesse in their proceedings . he was pleasd to declare further , that he imputed not these commotions to the whole assembly , knowing that there were amongst them , many religious , grave and well minded patriotts , but the sincerer and better part of them being over-borne by the clamours and practises of others , who carelesse of their duties , and taking advantage of the times and his necessities , constraind him to breake off that meeting , which had it beene answerd with like duties on their parts , as love on his , might have prov'd happie to all druina . these fatall distempers as they did much hurt to the body politicke at home , for they were like humours stirrd in the naturall body without evacuation , so did they produce disadvantagious effects abroad , and better had it been that the raysers and fomenters of them had never sprang up in druina . the royall firre had engagd himselfe in the quarrell of altapinus against the cedar , and he had proceeded so far as to the imminent and actuall danger of his owne person . and expecting from druina those monthly supplies which were promised by capitulation , partly for want of them , the one halfe of his territories being already over-runne and plundred , hee was constraind to shuffle up a peace with the cedar ( without druinas privity . ) and it was high time for him , for whereas the firre was usd to bee a dwelling for the stork , the eagle was like to build his nest there . the foresaid great expedition to relieve petrina did also suffer hereby , and indeed the whole party of the eusebians every where up and downe the world , who had their eyes fixd upon druinas monarke their defendor . who so much labouring to take the old wonted great trodden way , for supplies towards the support of such publike designes , was constraind at last to take the higher roade , by having recourse to his soveraigne prerogative to ballast the common purse of the state ; and a kingdome is like a shippe at sea , whose ballast should be the princes coffers ; which if they be light and emptie , she will do nought but tumble up and downe , nor can she be made to run a direct and steddy course . about this time fell one of the noblest elmes in the whole forrest , extracted of the ancient stocke of the monticolians , that bore the smallest , yet chiefest staffe of office and command in druinas court ; and his fall was the more remarkable , because the night immediately before he was discoursing of , and slighting the art of those foolish astrologers , and genethliacall ephemerists , that use to pry into the horoscope of nativities , whereof one had much tampred with his , and positively affirmd he should not reach . yeares , and now said hee , i have liv'd ( thankes bee to heaven ) fiftie one yeares and a day compleat , but the next morning hee was taken with an apoplexie , whereof he presently died ; much lamented hee was , for his noblenes , and mervailous candor of disposition , and other brave endowments , and therefore generally belov'd in citie , court , and country . and being a long time averse to the match with elaiana mordogan put a shrewd pernicious complement upon him ; for being at a private audience in discourse with druinas monarke , hee fell to magnifie the greatnesse , loyalty , and wealth of his subjects ; and specially of this noble elme , who had such rooting in the hearts of the poplars , that upon any faction , or tumult , he verily thought he could draw after him all the trees of the forrest . but this was spoken of purpose to make some impression of jealousies in the breast of majesty . as these traverses happened in druina , behold bumelias king the martiall ash , holding himselfe to bee much affronted by the cedar in that he would vouchsafe no audience to his ambassadors , and that hee encroachd upon the territories of his allies ; as also for some preventive reasons of state ; he crosseth those cold seas , and rusheth into rhenusium like a whirlewind , carrying all before him though with small numbers at first , not exceeding . yet like a ball of snow tumbling downe a hill , hee still gatherd strength as he passd : and made chips of all the trees he met withall . hee restored two of his said allies to their entire possessions , and proceeding further , and being dared as he was a cavalier by that great veteran captaine then the cedars generall ( who the day before had shrewdly shaken the plane ) to meete him in pitchd field ; he answerd that he was something more than a cavalier , and that he had thousands under him as good as that generall himselfe , therefore he would not fayle to finde him out speedily . the next day he kept his word and gave him battaile , where hee carried away as faire and compleat a victory as possibly could be , and thereby he freed the planes country from the impendent dangers that hung over it . he marchd still on , making his passage by the point of the sword every where , he crosseth the great river that denominates rhenusium , upon whose bankes hee kept his festivals in an admired triumphant manner in one of the chiefest archflamins townes , whither ambassadours resorted unto him from farre and neare , as if he had beene some cesar. the royall vine being displeasd that he had crossd that great river , and invaded the territories of the church ( whereof he had taken the protection ) without his privity , sent to tell him by his ambassador ; that if he did not stand to his articles , he had an army of . to enter into rhenusium when hee pleased . the magnanimous ash answerd , that he had not infringd the least tittle of what was articled , that they aymd at one marke , and their ends were concentrike , and he knew how to make his way in rhenusium , better than he could tell him . and touching the archflamin in whose metropolis hee then kept his court , hee had broke promise both with the royall vine and him , by ceasing to bee neutrall ; as for the menace hee sent , if ampelona had . to rush into to rhenusium , be had . and with them he would be sooner at the walles of tutelia , then those . could be on the frontiers of rhenusium . afterwards he made himselfe master of baccharia , but to re-invest altapinus there , hee would have tied him to hard , and indeed to very harsh termes ; first , that hee should make no leavie of military forces , without his consent . that he should supply him with so many thousands upon his owne charge during these warres ; that hee should still reserve two of the chiefest townes of baccharia in deposito , where hee might put in garrison to be maintaind by the contributions of the countrey ; that hee should make no league or confederacy with any other , without his privity and consent . that there should bee free exercise of the bumelian religion throughout all baccharia , and an academy , and schooles erected to that end . that he should acknowledge , under god , to have receivd his country from him ; with diverse other such restrictions . but that noble stout elme whom the royall oke employed at that time in rhenusium in a high quality , of purpose to observe his motions , would not condescend hereunto . hence bumelias king breakes his way to the elders court , where he shooke him ill favouredly for the time , ranging through the very bowels of his country , and plundring all wheresoever he came , as farre as his very cells and clossets . but as no violent course lasteth long , this irresistible torrent of his tropheys was stoppd by the dire hand of destiny , so that in the throng of his owne victorious troupes , this martiall ash was felld , the greatest of his enemies whom hee most redoubted for his valour , falling before in his sight . so that , as in life , so at , and after his death he provd a conqueror , falling upon the bed of honour and victory both at once , in a party colourd field gules and argent , but the crest sable , so that it was impossible for a souldier to bid the world farewell , in a braver manner . his fall for the present strucke an earth quake into all minds , nor could the vulgar bee inducd a great while to beleeve that he was feld , thinking him to bee impenetrable , and above the stroake of fate . an heroicke prince he was , and in such a height , that it was said the soule of caesar had entred into him ; so that some thinke he sprung of the race of that tree , whereof achilles speare , and hercules club were made , only hee was taxd to bee over-ventrous and head-strong ; besides there were some , that observd him , to bee somewhat elated by that monstrous course of conquering , but as adrianas ambassadour apologizd for him , he had been more than a mortall wight , if he had not been somewhat altered at the successe of such high feates , which were such , that considering the quality of the country , townes , and enemies , none of the twelve caesar acts , paralleld his in so short a time . but i will relate a thing worthy of wonder ; amongst others who receivd contentment at the proceedings of the warlike ash , melissanus the great archflamin would be often inquisitive , and well pleasd to heare of any successefull encounter of his against the cedar . some thinke the reason was , in regard the cedar had a little before disturbd the peace of bombicina , and joynd with elaiana to kindle a new fire in her , therefore hee was well contented to see him a little shaken . others say , there was some secret tye , that if the ash should compasse his designes in rhenusium , he should assist melissanus to recover hipparcha , ( which the olive hath so long detaind from petropolis ) as a reward for his neutralitie : hereupon when there was a great contracto in the holy senat , at the time when the cedars and olives embassadors demanded pecuniary supplies out of the holy treasure for the support of religion in rhenvsivm and preventing the further spreading of the ash , the ivie himselfe answered , that he was satisfied religion was neither the subject nor scope of those warres ; and that the holy treasure , was to bee reservd , and issued for holy uses , and not misapplied to any other ends . whereunto one of the prime members of that high senat , replying , that the ivie for his coldnesse in the cedars quarrell was traducd abroad for halfe an hereticke , he was taken up very short , and adjudgd corrigible for such presumptuous language . amongst many others , which had obligations to the martiall ash , the plane receivd no small benefit by him ; for hee preservd his country three severall times from impendent and actuall danger ; but it seemes he quickly forgot him , for after his fall hee shuffled up a peace with the cedar in which the bumelians were quite excluded : and it had beene wishd , that the princely plane , ( though allowed his sprincklings of wine , because as the arbolists observe it is more naturall to him , and makes him thrive better than any other tree ) had in these traverses beene lesse wavering , and not suffered himselfe to be shaken with such incertaine blasts : for i cannot tell how often he put in , and pulld out his pin from the stake . had the adventrous ash survivd that fatall , yet victorious , day he fell on , many think the cedar was so far shrunk that he had beene put to very hard shifts to have made head against him to any purpose againe . for indeed his progresse was such , that both sides stood at a stand , gazing and doubting where his conquest would terminat . and had he brought his intents home to his ayme , he would have cast the policy of the lower world into a new mould , and happily have put his own confederates to stand upon their gard ; and as for many others , so had it not been wholesome for druina , that his acquests had extended further , which makes mee , that i cannot wonder enough at the shallownesse and impertinent zeale of the vulgar sort in druina , who were still so eager , and joyfull to heare him still goe on , and carried away with such an ignorant devotion for his successes , when it little concernd their religion or security . amongst divers others who rejoycd and triumphd at the fall of the war-like ash , the elder lifted up his hollow boughs , so high , that a little after he took heart of grace to court one of the youngest sprayes of the imperiall cedar for his consort , though in point of age he quadrupply exceeded her , being cauterizd in foure severall places about his body to have vent for his malignant humors , wherewith it seemes he much abounded , specially towards prince altapinus , who was one of the nearest to him in stocke ; besides his young consort was sprung as close to him , and as neare as could be out of his own stemme . yet neither disparity of yeares , nor propinquity of stocke , could hinder the designe policy had herein , but he carried her cleare away ; and what fruit can be expected of this inoculation , but blacke unsavourie berries , and flowers onely to make the tartest viniger , such as the elder naturally beares . and what fruit also the beech will produce by his late ingrafting upon the other spray , though in a farre ignobler way , ( having by letters and instruments ) attempted a princely graffe , which as farre precels her , which hee hath lighted upon , as a damaske rose doth the couslip in natures workemanship , quantum lenta solent inter viburna cupressi , ) i had rather expect then determine . but these kinde of infolliations wresting so farre the lawes of nature , have seldome prov'd prosperous ; i know not what they may doe upon this moderne politicke race , which as she pretends to have mounted to this might and largenesse by these meanes , so shee goeth on , to ciment her designes , and fortifie her selfe still by this course ; but some of the best genethliacall arbolists observe , that though these unequall imbuddings may flourish for a time , they will fade away at last by a fate , that unavoydably useth to attend them . before the lowest of the celestiall bodies had finishd her monthly course , altapinvs also fell , who had beene a companion to the warlike ash in many of his exploits through rhenusium ; a prince who by a hard destiny , became a tennis-ball a long while to the blind goddesse ; a prince in whom many vertues did co-habit . he was free from that vice rhenusium is so naturally addicted unto , where the custome is so generall that it takes away the conscience to be peccant therein . very sedulous hee was in the pursute of his affaires , parsimonious and wonderfully indulgent of his young cions , and the glory of her sexe carbasilis , who though homebias crowne was lost , yet by her princely comportment , shee got then another kingdome which shee retaines ever since , as may bee inferrd out of her name ; for at the beginning of these unlucky traverses , shee wisely turnd her selfe ( though sprouted naturally of the oke ) into a palme , and with a more than feminine courage tooke for her motto ever since , — sub mole resurgo . for it can hardly bee judgd , whether her various sorts of pressures , or patience were greater . many brave adventrous spirits fell for love of her ; amongst others i cannot forget , the high-hearted martialist brunonio , who first lost his lands , then one of his chiefest limbes , and lastly his life in her quarrell . nor can i omit here a noble elme sprung up in the streets of tamisond , who hath beene a most constant and resolute adventurer , and conversd with danger a great while for her , though with extraordinary expence , the late losse of his libertie , and many traverses of apparant hazard , even to the admiration of the ash himselfe , and envie of others . not long before these times , there being interchangeable overtures made on all sides ; the royall oke renewed a peace both with the vine and the olive , twixt whom there passd many shockes ; for the olive , the worst that druina suffered was , that she exchangd coales for sugar . and now behold a glorious serenity of peace againe in druina , having had two of her potentst neighbours upon her backe at once . it hath beene a maxime often verified in policy ; that kings may marry , but not their crownes , and never was this more exemplified , then by the alliance of those princely sprayes that sprung of the last great martiall vine , who notwithstanding that of themselves there were never any in whom sweetnesse of disposition , and vertue her selfe was more resplendent in such a degree , as if the three graces had contributed their utmost power to make them good ; yet i know not by what fate or fortune t' is come to passe , there have fallen out diverse traverses of warre , since the inarching of those graffes , upon the olive , the pine , and the oke ; which yet continueth , and is daily exasperated twixt the olive and the vine , who though at first , they crossd one anothers designes by sending auxiliary forces in collaterall wayes , they doe now directly and in good earnest , clash their branches one against the other . for the justnesse of their quarrell , i will not undertake here to debate it ; nor determine whether a just feare without any active invasion or offence bee sufficient grounds to ampelona for a warre , and whether it may deserve the name of a defensive . i have reade that the true cause of the peloponnesian warre ( though they were blanchd with other specious colours ) was the over-growing greatnesse of athens , which did as it were impose upon the lacedemonians a necessity of armes ; preventive warres have beene practised by the best policied states , they rid the forrest oftentimes of superfluous plants ; and are as a purge for the body politicke : and in all ages it hath beene held a maine part of providence , to have an eye , that their confining neighbours , should neither by too neare an approach , or encrease of territory , or enfeebling of confederates , nor by ingrossing of trade , or stopping of passage , receive any addition of strength , and in point of wealth to beare up still in equall proportion , upon the enhancement of the rates of coyne , excrescence of demeanes , or imposition of tolls ; this makes the vine so salt his subject , and the olive pepper his so much . the lawfulnesse of warre in the generall was never questiond , so it have a soveraigne head , not otherwise . for the almighty is the god of hosts and armes , as well as of peace ; and warres well grounded are nought else but sutes of appeale to the consistory of heaven , when there is no superior on earth to determine the cause : and besides the lawfulnesse hereof , there seemes to bee a kinde of inevitablenesse and necessitie in it ; some philosophers were of opinion , that the world doth subsist by a perpetuall strife in some part or other , i goe not above the concave of the moone , where the celestiall bodies , though in relation to us ( poore mortals ) they seeme to strange , and have their contrary motions , eclipses and oppositions , yet amongst themselves they are in a most regular , and constant sweet course of concord ; but for the elementary world , all things are in a kind of restlesse conflict ; the elements themselves , which are the primitive ingredients of all bodies , are in perpetuall combat , they still encroach one upon another , and labour to repell each other , but amongst the rest the fire is most vigorous and ravenous , the earth hath frequent fits of the palsie , the sea is never still , the aire is agitated with winds , and new monsters and meteorologicall impressions are hourely engendred ; so in humane bodies composd of this stuffe , there is an incessant warfare amongst the humours for predominancy , and while this naturall war lasteth , the earth cannot be without civill and politicall preliations , the mind following most commonly the temper of the body . but a madde tenet it was of the candian ( in that divine and high soaring philosopher ) that peace is but a naked and empty name , a kinde of chymera , and that every state expects but its advantage to set upon the skirts of the other , whence hee concludes , that there is alwayes a kinde of fermentation of warre , and no kinde of reall love and league betweene princes , but only an impuissance or inconveniencie to doe hurt . an age there was , and t' was the last , when druina , ampelona , and elaiana were so circumspect , and eagle eyed , that scarce an acre of ground , could bee gotten by either of the three , but the other two would bee sure to doe their best , to set the scales even again . and the like diligence hath beene practised in diverse other regions , and it seemes is now by ampelona , by reason of the late new acquests the olive , and his race in rhenusium have made ; which induceth her to sticke more close then ever to itelia , as also to the bumelians , who else i beleeve had gone neere to have quite disbanded long before now . the princely sycomore which stood as a screene twixt ampelona and rhenusium hath smarted for this , being fallen just under the same fatall predicament , as altapinus ; both exulating from their owne patrimoniall territories . but a hard case it seemes to bee , that the princely spray which was of the selfe same ancient stocke with the sycomore , being branches of the same tree , should in the verdantst season of her virginity , bee coupled according to the true rites of sacred law , with ampelonas apparant heire , and then , poore lady , to bee abandoned without the least imaginary fault of hers ; and more strange it seemes to the world , that ampelona , specially that now her prime minister of state is of a holy function , should goe about to preferre a particular temporary custome of hers , viz that her heire apparent should not any wayes dispose of himselfe to marriage , without the privity and consent of the state , to the prejudice and flat breach of the eternall law of the almighty : and so to attempt the nullifying of that act , and loosning of that knot which by divine ordinance should bee indissoluble ; and so make a kinde of medlar of that princely sycomore , shee being every way superior to his first consort . it is true , policy is warrantable , yet but as a hand-maid to divinity , and absurd it is to make the mistresse stoope and give place to the servant ; policy is like the apocrypha , which is allowed to be digested into one volume , and read with the sacred text , but when it thwarts any thing that is canonicall , away with it . the ravishing of the sycomore's country , hapned in an unlucky time for young altapinus , for , i beleeve , it rendred the treaty for a restitution of baccharia more knotty and difficult ; in so much that some think they must be put in counter-scales hereafter , and move both upon one hinge . a much famed statist elaiana had halfe an age since , was usd to say , that if ampelona had three things favourable , she were eternall , viz. petropolis , the sea , and counsell . touching the first , melissanus who now swayes the great archflaminship , is mightily devoted to her , having beene so long rooted in her , that it seemes he naturally affects her soyle and plants . and oftentimes we finde that nature her selfe yeelds to custome , that great giant , who is so prevalent , that oftentimes , wee shape the discourse of reason , and course of nature to the inbred notions and preconceptions it hath imprinted in our minds , besides , habituall frequency of conversation is one of the greatest loadstones of love . for the sea , itelia serves her for her docke and arsenall , nor was shee ever so improv'd and potent that way ; and i wish itelia may never have cause to rue the time she did it . for counsell , she hath lighted upon an instrument of a mervailous contriving and sedulous spirit , as solid as hee is subtile , which is rare under that clime , in so much that some have termd him the prodigie of prudence , others have soard higher , and calld him the grand genius , and tutelar angell of ampelona , others flie yet higher , and call him the supreme intelligence , the spirit that moves the heavens and the starres , the phoenix of the earth , and such like superlatives , and hyperbole's . he is so strongly rooted in the opinion of the royall vine , that hee post-poseth filiall , and fraternall love , to his favour towards him . some give other characters of him , and call him the incendiary of ampelona , that his mind is of the colour of his habit , sanguine ; that he is indued with the same spirit , that sometimes a famous archflamin in elaiana was , who said that gunpowder in the field gave as sweet a perfume , as incense at the altar ; this makes him keepe such a stirre with drum and trumpet up and downe in many places ; yet though that humour sutes with the colour of his coat , it doth not i am sure with his calling . nor because hee hath got a peculiar title to distinguish him from others , should hee be so farre elated with that eminency as to expect priority of place of such high ministers , who immediately represent soveraigne and independent majesty , and if hee be stout in this point , he must give them leave to be stately . but for his intermedling with armes , hee is the more excusable , because many others of his coat in these times are not only martiall directors , but commanders and actors in open field , making tents their temples , and singing te deum with the noise of the canon , so that those warres which are now in motion , may be calld the holy warres , being directed and managed most , by such ministers . and here i will insert a late passage of a great provinciall governor , and the oldest martialist of ampelona , who comming to visit a great archflamin , that is now a navall generall , hee sent to desire him to have a little patience , for hee was dispatching some captaines and other officers , who were to goe presently to sea upon a designe of consequence . the provinciall governour staying not , the archflamin went the next day to excuse himselfe to him . the veteran governour hearing hee was there , sent to desire him to stay a little , for he was newly entred into a peece of saint austin , de civitate dei , and as soone as he had read it over , he would attend his reverence . but to give ramundas this prime minister of state in ampelona ( for that 's his title ) his due , ( and i honour him the more , because the first great act hee did when hee came to the helme was the alliance with druina ) the royall vine hath done notable feates by the strength of his counsell . he hath debelld the eusebians who formerly stood upon the strength of their own gard , having sundry maritime and inland forts , and places of fastnesse for their security , but they are brought to subsist now meerely by his mercy , having no other assurance for their safety , but his pleasure . and it seemes hee easily dispenseth with himselfe to performe , what his two immediate predecessors were bound by sacred tie , and article to observe . for hee hath declard long since , that what the one did , hee did it out of feare ; what the other , his great sire , did , he did it out of love ( though he had his eares often stoppd with cotton at their petitions ) but for his part , hee neither lov'd them , nor feard them . and it must bee granted , this was one of the greatest weakenesses ampelona had , for foren princes and some of her owne grandees , servd themselves of the eusebians , as of matches to set her on fire within dores at pleasure . the ancient elmes that lifted up their heads so high in their governments , which some held as confidently as if it had bin their inheritance , and so lessened the opinion of the vassall to the soveraigne , he hath remov'd , and placd therein inferiour trees , not of so ancient a stocke , whereof some are trienniall , others during pleasure . hee hath mervailously enhanc'd the revenues , and perquisits of the crowne , to many millions more than it was , though with a pitifull excoriation of the poorer sort , so that from . they are mounted to . millions in the last estimat that was made . he hath clammerd over the huge neighbouring hils , making his way by the swords point , and setled one of his owne vassals , though opposd by the cedar and olive to be one of the soveraigne princes of bombycina , and in the passage seiz'd upon the territories of the princely pine who made halfe resistance , but having effected his purpose , he freely surrendred it , yet reserving still to himselfe a key to enter bombycina at pleasure . hee hath disturbed the passage elaiana had got through the vale , from bombycina to rhenusium . he hath so scourgd the sycomore , who had offended him , that hee hath sent him to wander up and downe for another soyle to plant himselfe in . hee hath regaind , though with infinite toyle and treasure those islands elaiana had a while rooted her selfe in neere bombycina . and lastly , to bring you nearer home , he gave the olive many smart knockes when hee thought to have planted himselfe in the confines of his country , which provd too hot a soyle for the elaianians , which made one of them to leave behind this motto upon the walls of a forsaken fort. o ampelonians , if we had been such as the world takes us to be , and you such as you have beene wont to ; be our deeds had beene yours , and yours ours . these high feates the vine hath done since he was proppd by this genius ; and behold lately a mighty blessing droppd downe from heaven upon him , and all ampelona , viz. a rare masculine branch sprung out of him , and the lovely olive , his royall mate , after twenty three yeares inoculation , which hath transformd all the world to wonder . so that ampelonas great queene may answer her teeming neighbours as the lionesse did the fox , who reproaching her of sterility and such slownesse in breeding said , t' is true , i breed slowly , but what i bring forth is a lion ; the application is obvious ; and i hope the lion of the tribe of iudah will be graciously pleasd to make this inexpected regall late offspring a prince of peace , that his birth may quash all farre fetchd reaches of ambitious policy , and put christendome in a new mould of peace , least , besides those parts wherein she is already stucke , shee feele in other of her members , the prickles of that huge bramble , who hath it for the prime part of his letany , that intestine warres bee still fomented twixt christian princes ; and good reason hee hath to pray so , for the greatest armes hee ever usd against them were their owne divisions . nor is druinas monarch destitute of prudent and strenuous counsell , though he need it not so much , for he can see better without spectacles ; nor is his favour like that of the vine , and olive's ingrossd all by one , but every one of his prime independent ministers is his favourite within the bounds of his own office ; hee hath an intelligence to every spheare , amongst whom he diffuseth his beames , according as they shall move in a regular motion every one in his owne orbe , and stand subordinate to him their primus motor ; and indeed , as the systeme and symphony of musicke is not made by one or two , but diversity of strings and notes , so politicall harmony consists in the correspondence of the greatest ministers , and their unanimous resolution after some conflict of opinions , for as fire breaks out of flint by concussion , so wisdome and truth issueth out of the agitation of argument . tamisond never flourished more with building and bullion , and bravery of all things . her great sanctuary , the greatest take all dimensions together , of any in the europaean world , which by the iron teeth of time and injury of the meteors had so mouldred away , that she was upon point of being reducd to her first principles , a confusd chaos of stone and rubbish , is like to looke as youthfull as ever she did ; when the eagle built his nest , every bird brought in a feather ; and certainely a good spirit cannot dwell in him , who grumbles to send a stone towards the bearing up of the house of the almighty . nor doth tamisond encrease this way by houses , palaces or streets onely , but she hath a whole new towne reard up lately to enlarge her skirts ; and whereas before , her walls were of light combustible matter , they are now of a new solid structure and stuffe . though some would thinke , that in regard she drawes on in this kind so much to the west , she is towards her declining times ; and they ground this augury upon the height of bravery and profusenesse shee is come to , which commonly bring with them , luxury and softnesse , and they have beene alwaies observed to be symptomes of a waining state . for navall strength , since druina sate in thetis lap , and had her white cliffs washd with her waves , she was never so well appointed ; not long since , the world thought shee had beene fallen to so low an ebbe , that she was not able to set out a fleet royall to sea , which made some so insult over her , that they questiond her soveraignty , yea in her owne waves ; but lately shee hath appeard like her selfe , and put them all to silence , unbeguiling the world of this erroneous opinion . the late moving castle she hath built , hath already purchasd such renowne ; that it is confessd by all her neighbours , there never floated the like upon salt waters . she hath restord a forren emperour to his right ; and it is the duty of soveraigne princes , to see wrong vindicated , and right take place though amongst barbarians being sought unto ▪ and besides the glory of that action , there is a speciall benefit accrues thereby to druina , for that nest of base ravenous birds which so much impeachd her commerce is pulld down , and many of her own plants , who languished in that hot scorching soylein most miserable slavery , brought home . they cannot therefore have their hearts well planted in them , who repine at such contributions which the sages of the law have once avouched legall , since they daylie see such necessary and glorious effects thereof ; and the ( legall ) leavies the soveraigne raysers of the subject , are as vapours which the sunne exhales up into the middle region ( the wombe of the meteors ) which fall downe afterwards in sweet silver showres to fructifie the earth . the golden chaine of policy hath beene alwayes held to be , that the defense of a kingdome is the office of the prince , the honour of the peeres , the service of the souldier , and the charge of the subject , for qui sentit commodum , sentire debet & onus . adde hereunto , that alleageance is an act of reciprocation ; as it bindes the king to protect , so it ties the subject to contribute , and by this correspondence there is a quid pro quo . but as in druina , so in all other forrests , it is usuall for the poplars to clash their branches , and still make a noise at the present times and soloecismes , in government , though they know neither the disease , nor the remedy . they think to discerne the least moat in the body politicke , building certaine fantasticke formes of ruling , and soothing their shallow imaginations , that they could set the state in such frames , the particular application whereof would prove absurd and grosse impertinencies . touching eminent or imminent danger , though there be some arcana imperii in every state , which the soveraigne and his sages should onely know and not disperse amongst the vulgar , it was apparently visible , how the fairest flower of druinas diademe , the dominion of the seas was aymd at , and like to be pluckd off , was it not high time then for her to rigge her vessels , and put her selfe upon an extraordinary gard ? moreover they are far wide who think druina can joyne security and peace together , as long as the olive with the cedar and the vine are up in actuall armes by sea and land hard before her , for a peace may bee clapd up betweene them with that suddennesse , that some of those forces which are now in motion may inexpectedly fall upon her skirts . touching ampelona some have beene over-heard to say that the late invasion upon her islands for reliefe of petrina stickes still in her stomacke but halfe disgested , thinking she hath not repaird her honour to the height , nor taken equall revenge according to the rules of retaliation , by that successefull repulse only . and for elaiana some hold ( though i do not ) never yet made hearty peace with any eusebian prince , and the peace she makes proceeds either from disability or unseasonablenes to hurt . and since she holds the canons of the last great counsell ( whither t' was said the holy ghost was usd to be sent in cloake-bagges from petropolis ) in so much reverence and authority as the sacred oracles themselves which were immediately inspird from heaven , of which canons one was , that haereticis ( meaning the eusebians ) non est tenenda fides ; since i say that elaiana stands so readily appointed and so neare , it would very ill become the policy of druina , to let her vessels lye rotting upon the carine , and not to be ready upon a preventive gard , least she re-incurre that aspersion which in former ages stuck fowlly to her , which was to be wise , a posteriori , after the blow was given , when hannibalis ante portas . and now that all the neighbouring forrests , which had been formerly shaken , and riven with the thunderbolts of war , did admire and envie the sweete peace and serenity of druina , her royall oke being onely — medijs tranquillus in undis ; behold an unhappy mist did rise in the north in cardenia , ( and cardenia is knowne to bee much subject to mists . ) some say cardenia hath the same quarrell to her soveraigne , that she hath to the sun for dwelling too far distant from them : but it was discovered that this cloud was engendred of the exhalations of divers discontented spirits , specially some of the great ones , who did suscitat the inferior sort of flamins , that depended upon them for their subsistence to vent seditious doctrine against the hierarchy , and chiefest governours in holy things , fearing that by a post-liminous way something should bee re-annexd both to church and crowne , which had alwayes beene possessd by them time out of mind . these obstreperous sermocinators ( who in cardenia sway as much , if not more , upon the conscience then the loyalists else where doe ) make easie impressions upon the minds of the vulgar , specially the femalls who first broak out into acts of violence , so that it may be said this sedition came in , as sin did first into the world , by the female sexe , who relying upon the immunity of their kinde , did many unbefitting and strange barbarisms , little tending to the honour of cardenia , and with these the meaner sort of mechanikes concurd , and at last the tallest elmes appeard , so that the whole forrest was in a fearefull combustion , and the bels every where rung backward , the regalia seizd upon , and government thrust quite of the hinges . a strange league is made without consent of royall majesty , point blank against the lawes of cardenia , and nothing will serve their turne but the utter extinguishing of the greatest luminaries of the church , and the abjuration of whatsoever the late royall oke ( who they glory to have bin the most religious and learnedst prince that ever wore diademe ) had done in point of ecclesiasticall government . the meaner sort of the dispensers of sacred oracles ( who of all other , were the greatest monsters of ingratitude to their soveraigne ( who had found out a way not long before to augment and a scertaine their stipends , and free them from that servile kinde of clientele they stood in to the seculars ) in lieu of pious documents and wholesome doctrines tamper chiefly with matters of state , and out of a fanatique zeale minister more fuell to encrease the flames ; they cryed out that the ready way to return to petropolis , was , to passe by druina ; that her forme of publike prayer ( though they acknowledge the first compilers thereof to bee glorious martyrs ) was meere idolatry . this little tended to the honour of cardenia , for all her neighbours cryed out against her , that shee should cast such a brand upon the eusebian religion , as to loose all respects of passive obedience , if need had bin , ( for subjects should be willowes , and not okes ) and to stand in open defiance and armes against their naturall liege lord ; and where people runne together and joyne in armes ( bee it for defence or offence ) without a soveraigne head , i know what terme it deserves , all the world over . the sages of druina consult how to quench these flams . some were of opinion , that , all the while they broak not out into incursions by land , or depredations at sea , nor tooke in forren force , nor did any externe act of violence ; it was not dishonourable for druina , to look on a while , yet pinch them in commerce every way , and to be sure to keep them at the staves end . bombycina hath a saying , that the prince , who upon every commotion of the subject , rusheth presently into open war , is like him who sets his owne house a fire to roast his egges . kings have many wayes to meet with their people , besides effusion of bloud , and profusion of treasure , they have long reaches . non nôst longas regibus esse manus ? nor is phlebotomy , in the body politicke , as well as the naturall , prescrib'd for all diseases . some of the wisest emperours have gone to worke with mutinous subjects by cunctation , as the sun did to take away the passengers cloake , not as the ruffling wind ; for royall maiesty like the sun hath her rayes also , which dazzleth the eyes of disloyalty , and glancing upon rebellion , makes it melt to nothing , like a gorgons head , or a beare reard up of snow . but it hath beene the fate of the best and potentst monarches to have water throwne sometimes into their wine by tumultuous subjects , witnesse the vine , and the olive hard by . but i trust cardenia will not be so ingratefull to druina , as to receive plummes from her so many yeares , and now to throw the stones at her . the thistle i hope will not offer to clash against the soveraigne rose , considering the multiplicity of advantages she hath by her . and the single lion ( though rampant ) will be better advisd then set himselfe against three , considering how often he hath felt their pawes : a good instrument may ( by some ill favourd accident ) bee out of tune , but being put in againe , the musicke will be as good as ever , i hope cardenia will prove so . and now will i put a period to this parley , this iargon of trees , for i can find them no further matter of discourse , unlesse i should make them to prophecy , and so out-runne their epoch . many more things could have beene couchd here ( as a discerning reader may well perceive ) which i leave to future ages , and transmit to the post-nati , when the times shall be enfranchizd , and posterity manumitted : for there be some historicall truths , which are like the medlar not ripe enough ( to be written ) till they be rotten : nor was this shadow of trees darke enough for them , it being my intention at first not to pursue or presse this allegory so farre as to inslave my matter unto it , and so put it in a kinde of stockes , but that i did obtaine leave of my selfe sometimes by obvious and easie expressions to comply with the readers capacity ; otherwise hee might have thought it to have beene some senselesse phantasticke romance , which might have brought him to that passe , that he could not have beene able as hee went along to have seene the wood for trees ; no , it will appeare that i labour to bring him often into the plaines , and that i was very carefull to shunne the bogs , for they are dangerous , and there is no state without them . wherefore i hope this knotty ill twisted peece , will passe current without exception , offence or calumny ; and that my impartiall dealing will serve for a pale to fence out the goats from my forrest , though i must confesse there may some few criticismes or graines of browne salt , and small dashes of vineger be found here and there , to make the discourse more sapid , but this tartnesse is farre from any gall or venome , wherewith the pages of some moderne authors of our next transmarin neighbours do usually swell , and are yet exposd to vent by publicke authority though they writ flat and plaine without any disguise at all ; i presume you have tasted no such bitternesse here , albeit i might have done it with more priviledge and good manners , writing under types . no ; you shall find no blacke satyres range in my woods ; if there bee any , they are white harmelesse ones , and drawing neere to the nature of fayries . a vote . for conclusion , my incessant vowes and hearty orisons to heaven early and late shall bee , that the high majesty which is here meant by the oke , may in vigor , and strength of constitution ( if it bee within the possibility of nature ) attaine unto the age of the oke , which is observd to exceed all other terrestriall creatures in longaevity . may he be to his enemies as the oke is to the olive , which as the arbolists observe , shrinkes away to nothing , if he be but neere the roots of the oke ; may honour set up her stand in him , and victory her tent under his branches ; may he bee like that blessed tree planted on the waters side ( as he is already surrounded and strengthened with waters ) which brings forth her fruit in due season , whose leafe fadeth not , and prospereth in all his undertakings . long may his fruitfull vine infolliat and clasp about him with embracements of princely love , that their soules may transmigrat into each other : long may the dew of heaven distill upon them , to make them bourgeon and propagat amongst themselves , untill they bee encircled with a large row of young gemmes , and cions of their owne royall stocke , which to the fulnesse of earthly contentment , they may see shoot up and germinat , and ingrafted also upon other princely scutcheons and shields , and so grow ripe to succeed them here , when they shall be transplanted to the celestiall paradise , to become true ierusalem okes , to flourish there for ever with the tree of life , and behold him who troad the vvine presse , and once suffered upon a tree , to purchase for them , that shall bee truly ingrafted into him here , palmes of victory , and immarcessible ghirlands of glory and triumph to all eternity . so prayeth , the loyallst , and lowliest of their maiesties , votaries and vassals , iames howell . notes, typically marginal, from the original text notes for div a -e guic. his maiesties message, sent the twentieth of may, mdcxliii. england and wales. sovereign ( - : charles i) this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing c thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) his maiesties message, sent the twentieth of may, mdcxliii. england and wales. sovereign ( - : charles i) charles i, king of england, - . sheet ([ ] p.) printed by leonard lichfield, printer to the vniversity, oxford [i.e., london] : . actual place of publication from wing. expressing his majesty's desire for peace, and demanding an answer to his message to parliament of april. reproduction of the original in the british library. eng great britain -- history -- civil war, - -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no his maiesties message, sent the twentieth of may, m d c xl iii. england and wales. sovereign d the rate of defects per , words puts this text in the d category of texts with between and defects per , words. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - john pas sampled and proofread - john pas text and markup reviewed and edited - pfs batch review (qc) and xml conversion his maiesties message sent the twentieth of may , mdcxl iii. charles r. since his majesties message of the twelfth of april , ( in which he conceived he had made such an overture for the immediate disbanding of all armies , and composure of these miserable and present distractions by a full and free convention of parliament , that a perfect and setled peace would have ensued : ) hath in all this time , above a full month , procured no answer from both houses ; his majesty might well believe himselfe absolved both before god and man , from the least possible charge of not having used his uttermost endeavours for peace . yet when he considers that the sense of all this calamity is in the bowels of his owne kingdome , that all the blood which is spilt of his owne subjects , and that what victory soever ( it shall please god to give him ) must bee over those , who ought not to have lifted up their hands against him , when he considers that these desperate civill dissentions may incourage and invite a forreigne enemy , to make a prey of the whole nation : that ireland is in present danger to be totally lost : that the heavy judgements of god , plague , pestilence , and famine , will be the inevi●able attendants of this unnaturall contention : and that in a short time , there will be so generall a habit of uncharitablenesse and cruelty contracted through the whole kingdome , that even peace it selfe will not restore his people to their old temper and security ; his majesty cannot but againe call for an answer to that his gracious message , which gives so faire a rise to end these unnaturall distractions : and his majesty doth this with the more earnestnesse , because he doubts not the condition of his armies in severall parts , the strength of horse , foot , artillery , his plenty of ammunition , ( when some men lately might conceive he wanted ) is so well knowne and understood , that it must be confest , nothing but the tendernesse and love to his people , and those christian impressions , which alwaies live , and he hopes alwayes shall dwell in his heart , could move him once more to haza●d a refusall : and he requires them as they will answer to god , to himselfe , and all the world , that they will no longer suffer their fellow subjects to welter in each others bloud , that they would remember by whose authority and to what end they met in the councell ; and send such an answer to his majesty , as may open a doore to let in a firme peace and security to the whole kingdome . if his majesty shall againe be disappointed of his intentions therein , the bloud , rapine , and destruction , which may follow in england and ireland , will be cast upon the account of those , who are deafe to the motive of peace and accommodation . oxford , printed by leonard lichfield , printer to the vniversty , . a plain, short, and probable expedient, to settle the present distractions of both kingdomes. prynne, william, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing p a thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) a plain, short, and probable expedient, to settle the present distractions of both kingdomes. prynne, william, - . p. s.n.], [london : printed in the year. . attributed to william prynne. place of publication from wing. imperfect: print show-through. annotation on thomason copy: "nouemb: : th". reproduction of the original in the british library. eng great britain -- history -- civil war, - -- peace -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason e _ ). civilwar no a plain, short, and probable expedient,: to settle the present distractions of both kingdomes. prynne, william f the rate of defects per , words puts this text in the f category of texts with or more defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion a plain , short , and probable expedient , to settle the present distractions of both kingdomes . printed in the year . . a plain , short , and probable expedient , to settle the present distractions of both kingdomes . the kings former and late refusals to signe the propositions tendred him by the parliaments and commissioners of england and scotland , for the establishment of a lasting peace in both , hath well nigh put them to a losse , how to proceed farther , and what course next to resolve on , for the future settlement and security of both realms , in this their distracted condition . d●●●rs men ( according to their different principles and interests ) have proposed various wayes . some a publike impeachment in parliament to be presently drawn up against the king , to the hazzard of his crown and life ( as in the cases of kingd edward ; and richard the second of england ; and of 〈…〉 the first , 〈…〉 and other kings of scotland ) to which the sectaries and agitators most incline . others , a present change of the monarchicall government into a democraticall , ( which the anabaptists endeavour ) or into an aristocraticall , ( which the independents seem to drive at . the presbyterians and erastians , apprehending these former proposals very dangerous , and inconsistent both with their principles and solemn covenant , meditate some milder and safer courses ▪ but what particularly to fix on , they are yet altogether unresolved . these varieties of opinions multiplying our divisions have occasioned the proposall of this short and cleer expedient , ( not hitherto thought on ) humbly submitted ( as a probationer ) to the test of more exquisite judgements , as the most advantagious , honorable and secure for both , kingdomes to fasten upon , being warranted by divers presidents of like nature in both realms , and most consonant to the solemn league and covenant , by which they are mutually engaged and uni●●● each to other . it is evident by sundry presidents in histories and records that the parliaments of england and s 〈◊〉 〈◊〉 ( as well as of most other kingdomes ) have during the minority , absence , sickness , frenzie , dotage , or other ●●●●rall , accidentall , or criminall disabilities of their kings to discharge their royall office , and dutie usually constituted a viceroy , regent , protector , or custos regni ( being commonly a p●●●e of greatest wisdome , power , and honour , and of royall extraction ) to guard both their persons and realms , and execute all regal acts belonging to the king himself ; but more particularly , to summon and hold parliaments , and to give the royall assent to laws and statutes , and issue out all commissions under the great seal , in the kings name and stead : the reigns of king richard the . & ●henry . . & . ed. , , . of england ; and of king ●erleg , ruthe● , t●●r● , gill● , corbred ▪ ethodius ( first and second ) kenneth the third and his law , john bayvil james the . . & . queen mary and others of scotland , and one scripture president of king vzziah during his leprosie , kings ● . . chro. . . wil furnish us with variety of examples of this kind ; in which france it self hath abounded , and affords a present instance in this infant king . if then the parliaments of both kingdoms shal think meet to create a viceroy , regent , protector or custo● regni in each realm forthwith ( as they have frequent - done in former times ) to execute all regal acts , summon and hold parliaments , and give the royal assent to all such bils and statutes as shal be necessary for the present settlement of both kingdoms peace , according to their respective propositions tendred to his majesty ; end establish by act of parliament in both realms this ensuing oath , or the like for the king & all his successors solemnly to take before their admission to the royal government ; extracted out of the coronation oaths of the kings of england , scotland , aragon , navarre , bohemia , hungary , poland , sweden and ▪ denmark ( conceived a better security for both kingdoms then any hitherto propounded . ) we c. r. in the name and presence of the most high god ; do solemnly swear to all our leige people of england and scotland , and the dominions thereunto belonging ; that we wil all the days of our life , inviolably maintain , keep and preserve all just laws , customs , rights , franchises and liberties heretofore granted to them , or any of them , by our royal predecessors or our self , together with the respective rights and priviledges of the parliaments of both kingdoms ; the true reformed religion and church government now established in them . that we wil do the best of our skil and power , endeavour intirely to preserve peace and amity between all our realms and people , and cause equal justice to be administred to them in mercy and truth , without partiality , affection , hatred or delay . that we wil neither proclaim , nor make any open war , peace or truce , nor raise any forces in , nor invite , nor bring any forraigns power into any our realms and dominions ; nor impose , nor levy any tax , tallage , subsidy , contribution or benevolence , within our said respective kingdoms and dominions ; nor embase , nor enhance the current coyn thereof ; nor alianate any honours , manners , castles , forts , folds , rents , revenues , jewels , ships , or ordinance belonging to our respective crowns ; nor dispose of ourself , or of our heire apparent to the crown in marriage ; nor dispose of any the great offices of state or judicature in our respective realms ; nor creat any new peers therein , but by common consent of our respective parliaments of both kingdoms . and that we wil likewise give our royal assent from time to time , for the altering or repealing of all such publike laws and statutes as shal be held prejudiciall , and the passing of all such new laws and statutes as shal be judged necessary and beneficial for our people , and presented to us as such , by the parliaments of our respective realms . and if we shal at any time ( which god defend ) wilfully violate all or any the premised particulars , to the griev●●ces or oppression of our people , and shal not upon due information t●ereof , given us by our respective parliaments , nobles , counsellers , officers , or commons of both kingdoms , duly reform the same , to their general satisfaction ; we do here freely and voluntarily profess before god and all the world , tha● then , and from thenceforth , we do and shal hold all our people totally discharged from all bonds of duty , and oaths of alegiance made unto us , til such satisfaction be given them . and that in such cases , it may & shal be lawful for then , and any of them , if they think meet , and necessary freely to assemble together , and to unite their counsels , purses and forces , and to crave and bring in forraign forces from their confederate princes and nations , to withstand and redress , all wilful violations of our said oath , and to suppress all such persons and forces , as shal be ayding or assisting to us therein , in maintenance of their just rights , laws , and liberties , and the publike safety ( to which they were obliged by the laws of god , nature , nations , and of this realm ) without incurring the guilt of treason ▪ insurrection , sedi●ion , rebellion , or any crime , forfaiture or penalty for the same . and that all and every person or persons , who shal be wittingly ayding or assisting to us against our oath and people in such cases : shal be declared , and judged , and proceeded against , to all intents and purposes , as traytors , and publike enemies to us and our respective kingdoms . all this we do cordially and sincerely swear and protest without any equivocation or mental reservation , and that we wil neither directly nor indirectly seek to be absolved from this our solemn oath . so god us help . the speedy establishing of such laws , and this solemn oath by the parliaments of both kingdoms in manner aforesaid , and securing the kings person in a safe and honorable way , til he shal really accord there●y , and fully comply with the desires both of his parliaments and kingdoms , is humbly conceived the safest , best and speediest means ( by gods effectual concurrence ) to produce a firm happy peace and settlement in , and cordial union between both kingdoms , without any breach of covenant , or danger to his majesties person ; the only end of publishing this expedient ; which deserves consideration til a better be propounded . finis . to the supreme authority the parliament of the commonwealth of england, assembled at westminster. the hearty congratulations and humble petition of thousands of well-affected gentlemen, freeholders, and inhabitants of the county of kent, and city of canterbury. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing t thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) to the supreme authority the parliament of the commonwealth of england, assembled at westminster. the hearty congratulations and humble petition of thousands of well-affected gentlemen, freeholders, and inhabitants of the county of kent, and city of canterbury. england and wales. parliament. sheet ([ ] p.) for livewell chapman, printed at london : . praying that the existing form of government should be secured and maintained. dated at end: this petition was presented the th of june; and the petitioners being called in, they received the thanks of the house for their good affection to the commonwealth. annotation on thomason copy: "june. ". reproduction of the original in the british library. eng england and wales. -- parliament -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no to the supreme authority the parliament of the commonwealth of england, assembled at westminster.: the hearty congratulations and humble pe england and wales. parliament. a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - elspeth healey sampled and proofread - elspeth healey text and markup reviewed and edited - pfs batch review (qc) and xml conversion to the supreme authority the parliament of the commonvvealth of england , assembled at westminster . the hearty congratulations and humble petition of thousands of well-affected gentlemen , freeholders , and inhabitants of the county of kent , and city of canterbury , humbly sheweth , that upon the first report of your being invited to that supream trust , from which you were illegally interrupted , we were surprized with joy in the hopes of our approaching deliverance : and beholding your declaration manifesting your resolution ( in the strength of god ) to endeavour the settlement of this commonwealth upon such a foundation , as may assert , establish , and secure the liberties of the people , both as men and christians ; your petitioners are filled with hope , that a price being once more put into your hands , you will endeavour to compleat and perfect what you have declared ; that the sincerity of your engagements may be made conspicuous in the eye of the world , by the reality of your righteous actions . and although we cannot omit to expresse the fears in some , of a relapse , by the continuance of many in places of trust , who in april . laboured not onely to make the name of a commonwealth odious , but to plunge us into a more dangerous gulf of tyranny and slavery then we were in in . yet we are rather perswaded , that the god of heaven , after his long chastisement both of you and us ( who hath made the mountain of monarchy become a plain , by restoring you to your intrusted rights ) will carry you on to accomplish greater things then hitherto our eyes have seen : that the present age may joyfully conclude your last works to be more glorious then the former , and future generations triumphantly sing , many parliaments have done worthily , but you have excelled them all . wherefore we take boldnesse humbly to offer at present to your grave and serious considerations , these few particulars following . . that for the future settling of this nation , upon the firm basis of a free commonwealth , you would be pleased to make such provision for securing of the government , as that no usurping spirit might be able to bring us back to monarchy , nor introduce oligarchy upon us ; and that the future elections may be so settled , that the good people may be freed from fears of the old enemies and neuters getting up to lord it over us , by putting such qualifications on the electors and elected , as may not give up our dear-bought freedome , and as may appear just in the sight of all . . that for the prevention of forraign invasions , and domestick broyls , the militia of this county , and other parts of the commonwealth , may be timely settled in the hands of faithfull men , that have in these trying times been stedfast to the interest thereof . . that all which professe faith in jesus christ , and live peaceably in godliness and honesty , though different in apprehension in matters of faith and worship , may be equally protected and incouraged ; and that the vexatious and intolerable burthen of tithes may be taken away , and no other forced maintainance imposed on the tender consciences of such as maintain their own ministers . . that all such faithful persons that have been illegally removed from places of trust military or civil , or have quitted their imployments for conscience-sake , and faithfulnesse to this common-wealth , may be invited and restored to their former capacities . . that the mischievous inconveniences , irregularities , delayes , and chargeableness of the law may be rectified , by distribution of justice to the people in their severall counties ; and that the great cheats in sales and mortgages may be prevented , by settling of registers in each county . . that you would be mindfull for the quickning of trade so much decayed , principally that of clothing , which greatly concerns this county ; the fail whereof hath greatly impoverished and ruinated many families . in the prosecution of which , we shall , with the utmost hazard of our lives and estates , stand by you against all opposers , and with hearts bowed down to the father of spirits implore strength for you . this petition was presented the th of june ; and the petitioners being called in , they received the thanks of the house for their good affection to the commonwealth . printed at london for livewell chapman , . an act for the continuance of judicatories in scotland. england and wales. parliament. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) an act for the continuance of judicatories in scotland. england and wales. parliament. sheet ([ ] p.) printed by john field, printer to the parliament of england, london : . order to print dated: tuesday the twenty sixth of october, . signed: hen: scobell, cleric. parliamenti. with parliamentary seal at head of text. reproduction of the original in the british library. eng great britain -- politics and government -- - -- early works to . scotland -- history -- - -- early works to . scotland -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no an act for the continuance of judicatories in scotland. england and wales. parliament. c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion blazon or coat of arms incorporating the commonwealth flag ( - ) an act for the continuance of judicatories in scotland . whereas the commissioners of the parliament of the commonwealth of england , for ordering and managing affairs in scotland , by vertue of the power to them granted , did nominate and appoint several persons to be commissioners and visitors of the universities , colledges and schools of learning ; others to be commissioners for the administration of iustice in causes criminal and c●●●● ; and others to be sheriffs and commissaries within several freedoms , limits and places in scotland : the said respective commissions so made & granted , to continue and be in force for and until the first day of november , one thousand six hundred fifty two , and no longer . be it enacted by this present parliament , and the authority thereof , that the said commissions and every of them , and all orders and instructions relating thereunto , and in pursuance thereof , shall be , and are hereby continued , and shall remain and be in full force and vertue until the first day of may , one thousand six hundred fifty three : and that the respective commissioners therein named , shall do and execute the like matters and things , as they or any of them by vertue of the said commissions , orders or instructions respectively were authorized and enabled unto , the said commissioners , their officers and ministers and every of them , having and receiving for themselves respectively , such fees , salaries and allowances , as they or any of them were authorized to have and receive by vertue of their respective commissions , or by any order , direction or instruction granted by the said commissioners of parliament : and all persons whatsoever concerned in the premises are to take notice hereof , and conform themselves hereunto accordingly . tuesday the twenty sixth of october , . ordered by the parliament , that this act be forthwith printed and published . hen : scobell , cleric . parliamenti . london , printed by john field , printer to the parliament of england . . a briefe memento to the present un-parliamentary junto touching their present intentions and proceedings, to depose & execute charles steward, their lawfull king. by william prynne esquire, a member of the house of commons, and prisoner under the armies tyranny; who, it seemes, have levyed war against the houses of parliament, their quandam-masters whose members they now forcibly take and detaine captives, during their lawfull pleasures. prynne, william, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing p a). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing p a estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a briefe memento to the present un-parliamentary junto touching their present intentions and proceedings, to depose & execute charles steward, their lawfull king. by william prynne esquire, a member of the house of commons, and prisoner under the armies tyranny; who, it seemes, have levyed war against the houses of parliament, their quandam-masters whose members they now forcibly take and detaine captives, during their lawfull pleasures. prynne, william, - . p. [s.n.], london : printed anno dom. [i.e. ] in the space following "quandam-masters" on title page is the latin abbreviation for "-bus". the publication year is given according to lady day dating. reproduction of the original at the british library. eng charles -- i, -- king of england, - -- early works to . great britain -- history -- civil war, - -- early works to . great britain -- politics and government -- - -- early works to . a r (wing p a). civilwar no a briefe memento to the present un-parliamentary junto, touching their present intentions and proceedings, to depose & execute charles stewa prynne, william f the rate of defects per , words puts this text in the f category of texts with or more defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - tcp staff (michigan) sampled and proofread - allison liefer text and markup reviewed and edited - pfs batch review (qc) and xml conversion a briefe memento to the present vn-parliamentary iunto , touching their present intentions and proceedings , to depose & execute charles steward , their lawfull king . by william prynne esquire , a member of the house of commons , and prisoner under the armies tyranny ; who , it seemes , have levyed war against the houses of parliament , their quandam-mastersswhose members they now forcibly take and detaine captives , during their lawfull pleasur●… . prov. . , . my sonne , feare thou the lord and the king , and m●…ddle not with those who are given to change : for their calamitie shall rise suddenly , and who knoweth the ruine of them both ? gal. . . if i yet pleased men , i shou'd not be the servant of christ . london , printed anno dom. . die veneris , . august . . an ordinance for declaring all votes , orders , and ordinances , passed in one or both houses , since the force on both houses , iuly . untill the sixth of this present august , . to be null and voyd . vvhereas there was a visible , horrid , insolent , and actuall sorce upon the houses of parliament , on munda●… the . of july last , wherupon the speakers , and many members of both houses of parliament were * forced to absent themselves from the service of the parliament ; and whereas those members of the house could not return to sit in safety before friday the sixt of august : it is therefore declared by the lords & commons in parliament assembled , that the ordinance of munday the said . of july , for the repealing and making voyd of the ordinance of the . of the said july , for the setling of the 〈◊〉 of the citie of london , being gained by force and violence , and all votes , orders , ordinances , passed in either or both houses of parliament , since the said ordinance of the . of july , to the said sixt of august , are null and void and were so at the making thereof , and are hereby declared so to be the parliament being under a force , and not free . provided alwayes , and be it ordained , that no person or persons shall be impeached or punished for his or their actions by , or upon , or according to the aforesaid votes , orders , or ordinances , unlesse he or they shall be found guiltie of contriving , acting , or abetting the aforefaid visible and actuall force , or being present at , or knowing of the said force , did afterwards act upon the votes so forced or were guilty of entring into , or promoting the late ingagement for bringing the king to the citie , upon the ●…armes and conditions expressed in his majesties letter of the . of may last . john brown cler. parliamentorum : a breif memento to the present vnparliamentary iunto , touching their present intentions and proceedings to depose and execute charles steward , their law●…ull king of england , &c. gentlem●… , it is the observation of king solomon , pro. . . that a word spoken in due season , is like apples of gold and pictures of silver . and seeing i ( and above two hundred members more ) being forcibly secluded from you by the officers of the armies unparale●…d violence upon our persons and the house , cannot speake my mind ●…reely to you in , or as the house of commons , i held it my duty freely to write my thoughts unto you , only as private p●…rsons under a force , consulting in the house , without your fellow-members advice or concurrence , about the speedy deposing and execu●…ing of king charles , your lawfull soveraigne , to please the generall , officers , and grand councell of the army●… ( who have unjustly usurped to them the supreame authority both of king and parliament ) or rather the ●…suits and popish priests among or neare them , by whose councells they and you are now wholly swayed , and whose trayterous designes you really execute , in most of your late votes and actings . i have onely a few words of consideration to impart unto you : dictum sapienti s●…t est . first , i shall minde you , that by the * common law of the realme , the statute of . e. . and all other act●… concerning treason , it is no lesse then high treason , fór any man by over-act , to compasse or imagine the depositio●… , or death of the king , or of his eldest son and heire , though it be never executed ; much more if actuasly accomplished . that many have bin arraigned , conde●…ned , executed for such intended treasons in former ages ; as the earle of arundell and others ; by iudgement in parliament , . r. . plac. coronae : n. . . and the gunpowder traytors , . iacobi to omit others , whose examples should be others admo●…ions , the heads and quarters of some of them yet hanging on the houses , where now you meete and si●… . ly . that in the oath of allegiance which you have all taken , immediatly before your admission into the house as members ; you doe truly and sincerely acknowledge , professe , testifie , and declare in your consciences , before god and the world ; that our soveraigne lord king charl●…s , is lawfull an●… rightfull 〈◊〉 of this 〈◊〉 . , and of all other his majesties dominions and countries : and hat the pope , neither of himselfe , nor by any authority of the church or see of rome , or by any other meanes . nor any other hath any power or ●…thority to depose the king , or to dispose of any of his majesties kingdomes or dominions , or to discharge any of his subjects of h●…s allegiance and obedience to his 〈◊〉 , or to give leave to any of them , to offer any violence to his 〈◊〉 person , state or gover●…ent . and that notwithstandiug any sentence or declaration of depri●…ation made by the pope , &c. or any absolution of the said subjects from their obedience , you will beare true allegiance to his majestie , his heires and successors , and him and them w●…ll defend to the utmost of your power . against all attempts and 〈◊〉 whatsoever , which shall be made against his or their p●…rsons , their crown and dignity , by reason or colour of any such sentence or declaration , or otherwise . and doe thereby further sweare , that you doe from your hearts abhor , detest , and abjure as impious and herericall , that damnable doctrine and position that princes which be excommunicated or deprived by tht pope . may be deposed or murthered by their subjects , or any other whatsoever . and that you doe ●…lieve , and in conscience are resolved , that neither the pope , nor any person whats●…ever , hath power to 〈◊〉 you of this d●…th or any part thereof ; and that all these things you did plainly and sincerely acknowledge and sweare according to these expresse words and their plain and common sence , without any equivocation , or mentall evasion or secret reservation whatsoever . and that you did make this recognition and acknowledgement heartily , willingly , & truly , upón the true faith of a christian now whether your present actings , & intentions against the king ●…e not diametrically repugnant to this so●…emn oath ( which most of you have taken 〈◊〉 ●…hese warrs , & som of you since the treaty , when 〈◊〉 serjea●…ts at 〈◊〉 , &c. ) let god and the world before whom 〈◊〉 〈◊〉 & 〈◊〉 owne consciences in which you then swore , determine you 〈◊〉 〈◊〉 the popes & 〈◊〉 desigues . dly . that you●… s●…lves a●…ng 〈◊〉 members , have in above one hundred remonstrances , d●…clarations , peti●…ions ; ordinances and printed papers , pub●…ished in the name , and by 〈◊〉 authority of one or both houses of parliament , professed , both to the king ●…himselfe , kingdome , world , and forraigne states , that you never intended the least hurt , injury , or violence to the kings person , crowne , dignity , or posterity : but intend to him and his royall posterity , more honor , happinesse , glory and greatnesse , then ever was yet enjoyed by any of his royall predecessors : that you will ever make good to the uttermost with your lives and fortunes , the faith and allegiance which in truth and sincerity you have alwayes borne to his majestie . that you haue proposed no other ends to your selves , but the performance of all duty and loyalty to his majesties person . that all contributions and loanes upon the publique fa●…th should be imployed onely to maintaine the protestant religion , the ki●…gs authority his person , his royall dignity , the lawes of the land , peace of the kingdome , and priviledges of parliament , ●…d not to be imployed against his ma●…esties person or authority . that the armies and forses raysed by the houses , were raysed for the 〈◊〉 and defence of the kings person , & of 〈◊〉 houses of parliament , &c. 〈◊〉 his majesties personall 〈◊〉 , honeur , and greatnesse are much dearer to you then your owne lives and fortunes which you do●… most heartily dedicate . & shall most willingly imploy for the maintenance and support thereof . tha●… the parliament will ev●…r have a care ●…o prevent a●…y 〈◊〉 w●…ich 〈◊〉 〈◊〉 m●…y justly apprehend to his person . that both houses are resolved to 〈◊〉 their lives and 〈◊〉 , ●…or the 〈◊〉 and 〈◊〉 〈◊〉 the true religion . 〈◊〉 〈◊〉 person , 〈◊〉 , and state the power and priviledges of parli●…ment . 〈◊〉 〈◊〉 〈◊〉 his 〈◊〉 〈◊〉 againg 〈◊〉 〈◊〉 an●… army , as 〈◊〉 〈◊〉 to witnesse their constant and 〈◊〉 loyalty to his 〈◊〉 both houses so solemnly declare ; that upon his disbanding his forces , and return & harkning to the advice of his great councell , they wil really endeavour to make both him & his as much beloved at ●…lome , & feared abroad as any pr. that ever swayed this scepter : whic●… is their 〈◊〉 and constant resolution : from which they will not be diverted for any private or self-respects whatsoever : that they will faithfully endeavour to secure his 〈◊〉 person & crown from al dangers ; inculcating the apparent danger to his 〈◊〉 pers●…n among his popish and malignants armies & ill councellors , & upon that reason , perswading and inviting him to desert them , and close with his parliament : protesting , that the parliament hath bin , is , and ever will be more ready then they , to secure and uphold the authority , prerogative , and honour of the king , and preserve the safety of his 〈◊〉 person , which they have oft times 〈◊〉 by many humble petitions and declarations to him , the world , and kingdome ; with many ot●…er such like expressions . which whether your present actings and councels do not directly oppose , contradict , and give the lye unto , to your eternall infamy and breach of publike faith , as much as in you lyes , let both houses , the world and all men judge , as they will do in due season . fourthly , consider , that when the * king and his partie did tax the houses for insinuating , that if they should make the highest presidents of other parliaments their patterne , there would be no cause to complaine of want of modesty or duty in them : that is , th●…y m●…y 〈◊〉 the king 〈◊〉 they will , and are not to be blamed for so doing : and that the army raised by the parliament , was to 〈◊〉 〈◊〉 and 〈◊〉 the king . both houses by two solemne declarations , did most professedly declare and protest against it , as the falsest and most malicio●… accusation that could be imagined : that the thoughts of it never 〈◊〉 , nor should enter into their loyall hearts , that as god is witnesse of their thoughts , so shall their actions witnesse to all the world , that to the honor of our religion , & of those who are most zealous in it , they shall suffer far more for & from their soveraign then they hoped god would ever permit the malice of his wicked councellors , to put them to , since the happinesse of the kingdom doth so mainly depend upon his majesty and the royall authority of that root . that they hoped the contrivers of these false & scandalous reports , or any that professed the name of a christian , could not have so little charity , as to raise such a scandall , especially when they must needs know , the protestation made by the members of both houses , whereby they promise in the presence of almightie god , to defend and preserve his majesties person , the promise and protestation made by the members of both houses , upon the nomination of the lord of essex to be generall , and to live and dye with him , wherein is expressed , * that this army was raysed for defence of the kings person . their often , earnest , and most humble addresses to his majestie , to leave that desperate and 〈◊〉 army wherewith he is now encompassed , raysed and upheld , to the hazard of his own , and the kingdoms 〈◊〉 , & to come in person to his par●…ment , where he should be sure to remain in honour and safety ; and their humble petition directed to be presented to him by the hands of the earle of essex , before any blow given , to remove his royall person from the army : a request inconsistent with any purpose to 〈◊〉 th●… least violence to his person : which hath , and ever shal be dear u●…to them . now put it to your soules and consciences , whether yours & the armies present councells and actions , do not really justifie the king and his parties former suggestions , and give the lye to these declarations of both houses ? who certainely , when ever restored to a condition of freedome and libertie of meeting together againe , will crave publike reparations and justice against you , if you violate both their honour , faith , and engagements to the king , kingdome , and forraign states , against these their declarations & protestations too . fifthly , remember , * that the lord and commons assembled in parliament , octo. . . did , in the presence of almightie god ( which , the strongest obligation that any christian , and the most solemne publike faith that any state , as a parliament can give ) for the satisfaction of their own consciences and discharge of that great trust that lyes upon them , make this protestation and declaration to all this kingdome and nation , and to the whole world , that no private passion or respect : no evill intention to his majesties person . no designe to prejudice his just honor and authoritie , engaged them to rayse forces or take up armes . that if he would return to his parliament in peace , and by their counsells and advise compose the distempers and confusions abounding in his kingdomes ; they would receive him with all honour , yeeld him all true obedience , subjection , and faithfully endeavour to defend his person & estate from all danger , and to the uttermost of their power establish him , in all the blessings of a glorious and happy reigne . and that they had no intention or desire to hurt or injure his majestie , either in his person or in h power . which they seconded by many subsequent declarations . since which , both houses and the three kingdoms of england , scotland and ireland have entred into * a solemne league and covenant , for the honour and happinesse of the kings majestie , and his posterity , [ among other ends therein specified ; ] that they shal sincerely , really , and constantly endeavour , with their estates and lives , to preserve and defend the kings majestie & person and authority , in the preservation and defence of the true religion and liberties of the kingdoms , that the world may beare witnesse with their consciences , of their loyalty , and that they have no thoughts , nor intention to 〈◊〉 his majesties just power and greatnesse , that they will with all faithfulnesse endeavour to discover all evill instruments and incendiaries , * dividing the king from his people , that they may be brought to publike tryall , and receive condigne punishment : and shall never suffer themselves diriectly or indirectly , by whatsoever combination , persawasion or ●…errour , to be withdrawn from this blessed union , &c. which so much con●…erneth the glory of god , the good of the kingdomes , and the hon●…t of the ●…ing , but shall all the dayes of their lives zealously and co●…stantly continue therein against all opposition . and conclude ; this covenant wee make in the presence of almightie god the searcher of all hearts , with a true intention to observe the same , as wee shall answer at the great day , when the secrets of all hearts shall b●… diselosed . this covenant you have all ●…aken your selves ( some of you often ) and * i●…posed it on all the three kingdomes : and will it not stare in your 〈◊〉 , your consciences , and engage god himselfe , and all three kingdoms , as one man against ●…ou , if you should pr●…eed to depose the king destroy his person , or dis-inherit his posteritie ? yea , brin●… certaine ruine upon you and yours as the greatest * 〈◊〉 , and most perjured creatures under heaven●… o think , and 〈◊〉 most seriously upon it , before you proceed to further 〈◊〉 * 〈◊〉 . . e. . william thrope , chiefe justice of the kings bench , for for ●…aking l. bribes of severall persons , was by speciall commission , 〈◊〉 , convicted , and condemned to be hanged , and to forfeit all his lands , 〈◊〉 , goods , and chattels to the king●… because thereby , sacr●…mentum domini regis quod erg●… populum habuit custod●…ndum fregit , 〈◊〉 , falso & rebelliter , qua●…tum in ipso suit : which judgement was affirmed to be just a●…d reasonable in full parliament where it was openly read by the kings command , as is evident by . e. . rot. parl. nu . if then this chiefe justice : for breaking hi●… oath to the king and his people , as a judge , only in taking two or three small bribes , deserved to be hanged , and to forfeit all his lands , goods , and life , by the judgement of a full parliament , then what will such members deserve to suffer , who shall violate , not only what oathes of allegiance and supremacy to the king and his heires , but likewise the severall pro●…stations , solemn league and covenant , and the multiplyed publique faith , engagements , declarations , remonstrances , and promises of both houses of parliament , made to god , the king , the whole kingdome and people of england , scotland , and ireland , the states of the united provinces , and all the world , and that malitiously , falsely and rebelliously , as much as in them lies , and their owne private faith , oathes , vowes , and covenants involved in them , in deposing 〈◊〉 executing the king , 〈◊〉 the prince , violating the ●…riviledges , usurping the power of the parliament to themselves , when most of the other members are vrolently secluded by the army , to the subvertion of the freedom and liberties of al parliaments●… thi●… being one article against king rich. the d . in h. . rot. parl. n. . . . when he was deposed , that in the parliament held at salop intended to oppresse his people , he did subtilly procure and cause to he granted , by consent of all the states of the kingdome ( which you have not ) that the power of the parliament should remaine with certaine person [ * lords and commons ] to determine certaine petitions then delivered , but not dispatched , after the parliament ended ; by colour whereof ? the said deputed persons proceeded by the kings pleasure & wll , to other things generally concerning the said parliament , to the great derogation of the state and priviledges of ●…he parliament , and thegreat inconvenience and pernitious example of the whole realme , and to gaine some colour and authority to their doings , the king caused the parliament rolls to be altered and deleated according to his vote , contrary to the effect of the foresaid concession ; as you have presumed to null , repeale , and unvote divers votes , orders , and ordinances of both houses made in pursuance of the foresaid o●…thes , protestations , the solmne leagué and covenant , remoustrances , declarations of both houses , & the treaty , when the houses were full , and not under the armies force or violence : and if their proceedings and the whole parliament of r. . were declared * null and void , and the king worthy to be deposed , for such proceedings then ; let serjeant throp , and other lawyers not acting with you , consider and i●…forme you , what punishment you deserve for such breach of faith , priviledges of parliament , & usurpation of a monopoly of pa●…liamentary power to your selves now , whiles under the armies force , & most members forced thence : in which case you ought not to sit , vote , or conclude any thing , but only to * adjourne till the force removed & al members may freely meet in ful parl. as is ●…lear by that memorable record of . e. . parl. apud ebor. n. . . dors. claus. . e. . m. . . e. . apud west . parl. . n. . . e. . parl. . n. . e. . n. . . e. . n. . . . e . n. . . . . e. . n. . . e. n. . . e. . n. . . e. . n. . . e. . n. . . e. . n. . . e. . n. . . e. . n. . . e. . n. . . e. . n. . r. . n. . . r. . n. . . r. . n. . . r. . n. . r. . 〈◊〉 . 〈◊〉 . n. . 〈◊〉 . . n. . . r. , parl. . n. . parl. . n. . . h. . n. . . h. . n. . . h. . n. . and many more rolls : where the parliament when any considerable number of the members of either house were absent , was constantly adjourned and refused to sit or to doe any thing ( though not under any force , ) till the houses were full , much more then when under the armies sword : it being against magna charta , as the * barons declared in parl. anno dom. . in the reigne of k. h. the d. for a few members to sit , when the rest are absent . thly . consider : that though many of the kings of judah and israel were extraordinary sinfull and idolators , bloody and tyrannicall great oppressors of their people , yea shedders of priests , of prophets , and other good mens innocent blood , not onely in the wars but in pe●…ce : yet there is not one president in the old testament of any one king ever juditially impeached , arraigned , deposed , or put to death by the congregation , sanhedrin , or parliaments of judah or israel . that those who slew any of them in a tumultuous or treacherous manner , were for the most part slaine themselves , either in a tumult , or * else put to death by their children who succeded to the crow●…e , or people of the land : and that the israelites after their revolt from rehoboam , had never any one good king , or good day almost among them , but were over-run with idolatry , prophanenesse tyranny , iuvaded by enemies , involved in perpetuall warres , civill or forraigne , and at last all destroyed and carried away captives into babylon : at the books of kings and chronicles will informe you . that the rule in the old testament is , not to take any wicked kings from their thrones and behead them : but , * take away the wicked from before the king , and his throne shall be established in righteousnesse . and the rule in the new testament : to be subject to kings and the higher powers , and to submit unto●… them , even for conscience and the lords sake : and to make prayers , supplications , and intercessions for them , that under them we may lead a peaceable and quiet life , in all godlinesse and honesty : for this is good and acceptable in the sight of god our saviour : not to depose or shed their blood , for which there is no precept . and is not this plaine way of god the safest for you and the army to follow , yea the onely short cut to peace and settlement ? ruminate upon it , and then be wise , both for your soules good , and the kingdomes too . thly , consider , that you now meet , and sit under the armed force and violence of a mutinous army , who have leavied warre against the houses to dissolve them , imprisoned many of your members , forbly secluded more , and driven away almost all from the houses ; that till the removall of this horrid force , and re-assembling of all your scattered members with freedom and safety in the houses , all you vote , act , order , or ordaine , by the armies own doctrine in their remonstrance of aug. . and the declaration and ordinance of both houses ( made at the armies instance ) aug. . . is null and void , even at and from the time it was voted , acted , ordered , ordained , a●…d so declared by your selves even by this unrepealed ordinance , and by former parliaments to , as . r. . c. . . h. . c. . , h. . c. . . h. ●… . c. . and however you may take upon you the name and power of the houses of parliament , and unvote , vote , order , and ordaine what you please ; yet take it for an infallible truth , that none of the * secluded and absent members , none of the counties , cities , and borroughs , for which they serve , nor those for whom you serve and represent ; nor yet the kingdoms of england , scotland , and ireland ( who have as great or greater a share and interest in the person of the king , as their lawfull soveraigne , and are engaged by oaths , covenant , and all the forecited premises to protect his person and crown with their lives and estates , against all violence and danger ) with his queen , child●…en and allies in forraigne pa●…ts , of what religion soever , will never own you [ in your present condition , and constitution ] to be a parliament , but rather a conventicle or junto ' , nor any thing you vote , order , or ordain to be * valid . and therefore whatever you vote , order , or : ordaine concerning the treaty , the deposing or executing the king , the dis-heriting or banishing the prince , dissolving the present parliament , setting up a new confused representative , or new forme of state government , only to please the office●… and army , or rather those jesuits and popish priests , who have over-reached , and instigated them forcibly to prosecute these their treasonable designes , and accomplish this their long expected desire and work ; you must do only as private men , not as a parliament : and if so , what lesser offence then high : treason against the king , parliament , and kingdom , your present actings and proceedings will prove in the conclusion , if you persevere and persist in them , i leave to a free parliament , the learned judges , and all lawyers now sitting and voting among you , to consider and resolve . which the officers and councell of the army considering , would cast the odium and danger of all upon you , the better to exempt and acquit themselves if after reckonings should come , as probably they may , and certainly will in gods due time , if you and they repent not . give over , and crave pardon ere it be over late . iy remember , that no protestant kingdome or state ever yet defiled their hands , or stained the purity and honour of their reformed religion , with the deposition , or blood of any of their kings or princes , much lesse of a protestant king or prince , of a temperate and sober life as the king is ; who never immediatly imbrued his own hands in any one mans blood , in any tyrannical or bloody way before or since the wars , ( for ought i can heare ) but only in a military . and for a reforming protest . parl pretending the most of any to piety & religion , to stain their profession or honour by the deposition , or defile their hands with the blood of a protest . king , or for an army of saints to do it , or they to please a saint●… seeming army , and that against so many forementioned oaths , protestations , declarations , remonstrances , solemne leagues & covenants one after another to the contrary , would be such an unparalleld scandall to the protest . religion and all professors of it ( who have upbraided the jesuits and papists with this perfidious and treasonable practise , of which they have bin deeply guilty , and themselves innocent ) both in our own . kingdoms & the whole christian world , as would give the greatest occasion , advantage , and encouragement to the jesuits , papists , and all licentious persons to joyne their hands , heads , purses , to suppresse and extirpate it , and all the professions of it , both at home and abroad , that ever yet they had , and make parliaments for ever hereafter execrable and detestable , both to kings and people . ly . consider , that scotland and ireland are joyntenants , at least wise tenants in common with us in the king , as their lawfull soveraigne & king , as well as ours ; & that the scots delivered and left his per●…on to our commissioners at new●…wstle , upon this expresse condition : that no violence should be offered to his person , &c. according to the covenant . how then you can un-king or depose him as to them , or take away his life upon pretext of justice , without their concurrent assents , is worthy your saddest thoughts . if you do it without asking or receiving their consents , you engage both kingdoms to make a just warre against you , to proclaime and to crown the prince of wales their king ( though you should lay him aside ) as being next heire apparent . and no ordinance you can now make , will be any legall barre against him , to the crowne of engl. where he will finde sen thousand persons for one , who 〈◊〉 joyn with scotland and ireland to set him upon his fathers throne , as king of england , and avenge his blood upon all who shall be ayding or assisting to its spilling , or his death owning . and what then will become of you and your army , when thus deserted by most , opposed by all . kingdoms , and all the kings , qu●…ens , and princes allies , united forces ? where will you , where will your st. cromwell , st. ireton , st. pride , st. peters , ( that fast and loose carnall prophet and arch jesuited incendiary in these present tumults ( with other grand saints of the army ) who now force you , the generall , army and whole kingdom , upon such dangerous councels as these , by the jesuits principles and practises ) then appear , to save either themselves , or you , or your posterities from exemplary justice without mercy , or hopes of pardon ? consider this then seriously , if not as christians , yet as 〈◊〉 and selfe-ended men , and then repent and be wise in time . tenthly , remember , that you have neither law nor direct president 〈◊〉 what you are going about : * edward the d . and richard the d . were forced by mortimer , and henry the th . to resigne their crownes in a formall manner , the one to his son , the other to his conquering suceessor , neither of them to the parliament , & then deposed by a subsequent sente●…ce in parliament , as unfit to reigne , without any formall iegall tryall , or answer : and that not in an empty parliament under a force , as now , when most members were forced away and secluded , but in a full parliament , wherein the articles drawen up against them were never so much as rtad ; and their depositions made [ upon their owne voluntary concessions only ] to confirme , their precedent resignation , besides , neither of these kings though very bad , and paptists , were ever condemned to loose their heads or lives , but were to be well and honourable treated : and those proceedings were onely by popish parliaments in time , of ignorance , who had no such oathes , vowes , covenants , protestations , and other forementioned considerations to tye their hands , as you and we all have now . yea this ve●…y 〈◊〉 . 〈◊〉 solemnly and parcularly protested , * that they did never suffer these presidents to enter into their thoughts , and they should never he their practise what ever they suffered from the king or his , and that for the honour of our religion , and the most 〈◊〉 in it . b●…t that which is very observable , roger mortimer , the principle actor in deposing king edward the d . and crowning his sonne edward the d , king in his stead , ( as you must now crowne the prince wales , in his fathers sleed , if you depose the king , else you pursue not this president as you should do ) in the parliament of ed. . ( in which i finde no record concerning this deposall : ) was in * a full parliament , within four yeares after , with some other of his confederates , * impeached , condemned , and executed , as a traytor and enemy to the king and kingdome , by the judgement of the lords , and that by king edward the third his owne assent , without any legall hearing or tryall , ( just as he h●…d there deposed this king without it ) for murthering king edward in berkley castle after his deposall : and sir thomas de berkley , in whose castle he was slaine , being indicted of treason likewise for the same ●…urther , before the lords in parliament , pleaded not guilty thereunto and was tried at the lords bar in a legall manner , by a jury of twelve knights , there sworn and impanneled , and by them acquitted upon full evidence and tryall ? when as sir simon de bereford , was impeached , condemned and executed by a judgement given against him by the lords alone , without any triall , for murthering this deposed king , and thomas de gurney and william ocle , adjudged traytort by them for the same offence without any evidence appearing to record . these presidents then , will be of very hard digestion , and not paralleld to our times , or the kings case : who , having upon the late treaty granted u●… , for the speedy settlement & security of our bleeding kingdomes churches and religion , what ever we could in honor , justice , or reason desire , and farre greater advantages and security then any of our ancestors , or any kingdome under heaven from the creation to this present demanded , or enjoyed from any of their princes ( as i dare make goo●… to you and all the woeld ; ) and that which the commons house , after two whole daies & one whole nights debate , thought and voted , a sufficient ground for them to proceed with the king , to the speedy setling of the kingdoms peace , how you , or the a●…my ; after such large concessions , contrary to the votes of both houses when full and free , can in h●…nour , justice , reason , discr●…tion , or conscience proceed to depose or decapitate the king , as a violater of his faith , a traytor &c. without making your selves more perjured , treacherous & greater traytors in all kinds , then he , and incu●…ring the same judgment & execution as you shall passe & inflict upon him , i leave to your safest consultations to advise off i have thus freely , faithfully , & plainly , discharged my minde & conscience to you , without feare or flattery , for the kings , kingdoms , parliaments , protestant religions , i am certaine ireland is ( almost inrecoverably lost ) your owne , and the armyes weale and safety too , if god in mercy please to give you heads or hearts to make timely use of 〈◊〉 , and not suffer your selves to be jesuit-ridden any longer . cons●…er , you have most of you estates , all of you heads , or lives , and soules to save , or loose , both here and hereafter ? if this , and all the precedent considerations will not prevaile with you , to take you off from you●… present desperate councells and proceedings , for your owne , the kingdoms , churches , religions , irelands , parliaments , your owne posterities , and the armyes safety too , ride on triumphantly still in ignatius loyola his fiery chariot , like so many young pha●…tons , till you fall and perish . it is sufficient for me , however you digest this present friendly memento to you , that i can truly say , liberavi animam meam , whatever becomes of you or me . who doe here solemnly protest to all the world against these your proceedings , as altogether null , void , vnparliamentary , illegall , unchristian : if not perfidious and treasonable in these respects . i shall close up all with the golden sentence of god himselfe ? and the wiseft of men , king solomon , which is twice rrpeated verbatim that it might be the better semembred and considered by you , & all others in such exigences of publique affaires , as we are now fallen into , prov. . . and , . a prudent man soroseeth the evill and hideth himselfe , but the simple passe on and are punished . and with that which is paralel to it . prov. . , , . the s●…mple beleeveth every word , but the prudent m●…n looketh well to his goings , a wise man feareth and departeth from evill , but the foole rageth and is confident , and shall be filled with his owne wayes : which is thus interpreted . ptov. . . , , . they lye in wait for their owne blood , they lurk privily for their owne lives , whose feet run to evill , and who make hast to shed others blood . fot , the turning away of the simple shall slay them , and the prosperity of fooles shall 〈◊〉 them . but who so hearkneth unto me shall dwell safely , and shall he quiet from feare of evil . from the kings head in the strand jan. . . your affectionate friend and servant , as farre as you appear to be gods ; your soveraignes the kingdomes , the parliaments , religions , theirs who have intrusted you , or your owne true friends . william prinne . prov. . . he that rebuketh a man ; afterward , shall finde more favour , then he th●…t flatterreth him with his lips . a postscript . i am confident , that if the members now mee●…ing at westminster will but perswade the generall and his pratestant officers immediately . o tender the oathes of s●…premacy and alegience , the solemne league and 〈◊〉 , and the new oath of 〈◊〉 , ●…or the bette●… discovery and speedier cōnviaction of 〈◊〉 , popish priests and papists consented to by the king in the 〈◊〉 treaty ; to all the officers 〈◊〉 , and souldiers in the army , they will presently discover an whole conclave of 〈◊〉 , papists , priests , and jesuited papists amongst them , who have instigated them , to disobey and 〈◊〉 both houses , imprison their members , to impeach , try , depose , execute the king , desolve the pre●…ent parliament , subvert the present government , and constitution of parliament , betray ireland to the rebels , and bring 〈◊〉 〈…〉 to present confusion , the practises , designes and stu●…es of none but jesuits and ●…apists , which all true protestants cannot but abhor . finis . notes, typically marginal, from the original text notes for div a e- * and yet never member was then forcibly imprisond orseclused the house as above . are now by the army . notes for div a e- ●… cook . . institu . . ●… . stam-for●…d plea of ●…c crown . . , c. . . note this . * exact collections . p. . . ●… . . ●… . . ●… . . . . . . . ●… . ●… . . ●… . ●… . . . ●… . ●… . ●… . . ●… . . . &c. * a collectson . &c. ●… . 〈◊〉 〈◊〉 . . 〈◊〉 . . 〈◊〉 . . 〈◊〉 . 〈◊〉 . 〈◊〉 . 〈◊〉 . 〈◊〉 . 〈◊〉 . 〈◊〉 . 〈◊〉 . 〈◊〉 . 〈◊〉 . 〈◊〉 . 〈◊〉 . . 〈◊〉 〈◊〉 . * exact collection , p. . . . . , . * which they oft professe both of the army under the earle of essex , and s. . 〈◊〉 , 〈◊〉 〈◊〉 collecton of all 〈◊〉 , &c. . . . . . . . . . , . . . . appendix p. . * exact collections , p. 〈◊〉 . . . . . . * a collection , &c. ●… . . ●… . . ●… . . ●…o ●… . . . . . . . * those who depose or divide his head from his shoulders must be most guiltie of this dividing . * a 〈◊〉 , &c p. ●… . &c. * tim. . , . * 〈◊〉 . 〈◊〉 . 〈◊〉 . 〈◊〉 . ●… . . 〈◊〉 in . dors . 〈◊〉 . pat. 〈◊〉 〈◊〉 . 〈◊〉 . . m. 〈◊〉 . 〈◊〉 . p. 〈◊〉 . r. . ●… . . * h. . c , . as the house did in the ease of the five members , exact col lection , p. . . . * mathew paris , p. . . ●… . dan. p. . * kings . . ●… . . . . . . ●… . . . * rom. , . &c. tit. . , . pet. . , . . tim. . , , . 〈◊〉 . . . * see their protestation . dec. . . * see a collection &c. p. . . . . . * walsingham hist. ang. p. , ●… . . polichron . c. . 〈◊〉 holinshed grafton in ed. . & rich. . henry the th . * . h. . rot. parl. n. . to . where the whole proceedings are at large related . * exact col. p. . . * e. . 〈◊〉 , par. n. . . * , e. . n. . * . e. . n. . . the assembly-man birkenhead, john, sir, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing b estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the assembly-man birkenhead, john, sir, - . p. printed for richard marriot ..., london : [i.e. ] notice to the reader, signed: j. b. "written in the year ." reproduction of original in huntington library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng great britain -- politics and government -- - -- sources. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - judith siefring sampled and proofread - judith siefring text and markup reviewed and edited - pfs batch review (qc) and xml conversion reader , this pamphlet was torn from me by those who say they cannot rob , because all is theirs . they found it where it slept many years forgotten ; but they ' waken'd it , and made false transcripts . they exciz'd what they liked not ; so mangled and reform'd , that 't was no character of an assembler , but of themselves . a copy of that reformling had crept to the press . i seiz'd and stopt it , unwilling to father other mens sins . here therefore you have it ( as 't was first scribled ) without addition of a syllable ; i wish i durst say here 's nothing lopt off . but men and manners are chang'd , at least they say so . if yet this trifle seem born with teeth , you know whose hands were knuckle-deep in the bloud of that renowned chancellour of oxon ( archbishop laud ) though when they cut up that great martyr , his two greatest crimes were the two greatest glories great britain can boast of , st paul's church and the oxford library . where you find no coherence , remember this paper hath suffer'd decimation : better times have made it worse , and that 's no fault of j. b. the assembly-man ; written in the year . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i. e. he seditiously stirr's up men to fight : he 'll teach others the way whereof himself is most ignorant ; and perswades men to take an oath , because himself had sworn it before . london : printed for richard marriot , and are to be sold at his shop under st. dunstans church in fleet-street , / . the assembly-man . an assembler is part of the states ' chattels : nor priest , nor burgess , but a participle that shark's upon both . he was chosen , as sir nathaniel , because he knew least of all his profession : not by the votes of a whole diocese , but by one whole parliament-man . he ha's sate four years towards a new religion , but in the interim left none at all : as his masters , the commons , had a long debate whether candles or no candles , but all the mean while sate still in the dark : and therefore when the moon quits her old light , and has acquir'd no new , astronomers say she is in her synode . shew me such a picture of judas as the assembler , ( a griping , false , reforming brother ; rail's at wast spent upon the anointed ; persecutes most those hands which ordein'd him ; brings in men with swords and staves ; and all for money from the honourable scribes and pharisees : ) one touch more ( a line tyed to his name-sake elder-tree ) had made him judas root and branch . this assembly at first was a full century ; which should be reckon'd as the scholiast's hecatomb , by their feet , not heads : or count them by scores , for in things without heads six-core to go to an hundred . they would be a new septuagint ; the old translated scripture out of hebrew into greek , these turn it to four shillings a day . and all these assemblers were begot in one day , as hercules's fifty bastards all in one night . their first list was sprinkled with some names of honour ( dr. sanderson , dr. morley , dr. hammond , &c. ) but these were divines ; too worthy to mix with such scandalous ministers , and would not assemble without the royal call. nay , the first list had one archbishop , one bishop , and an half , ( for bishop brownrigg was then but elect. ) but now their assembly ( as philosophers think the world ) consists of atoms ; petty small levites , whose parts are not perceptible . and yet these inferior postern teachers have intoxicated england , ( for a man sometimes grow's drunk by a glister . ) when they all meet , they shew beasts in africk by promiscuous coupling ingender monsters . mr. selden . visit's them ( as persians use ) to see wild asses fight : when the commons have tyr'd him with their new law , these brethren refresh him with their mad gospel : they lately were gravell'd 'twixt jerusalem and jericho ; they knew not the distance 'twixt those two places ; one cry'd twenty miles , another ten , 't was concluded seven , for this reason , that fish was brought from jericho to jerusalem market : mr selden smil'd , and said perhaps the fish was salt fish , and so stopp'd their mouths . earl philip goes thither to hear them spend ; when he heard them toss their nationall , provinciall , classicall , congregationall ; he swore damnably , that a pack of good dogs made better musick : his allusion was proper since the elder 's maid had a four-legg'd husband . to speak truth , this assembly is the two houses tiring-room , where the lords and commons put on their visards and masques of religion . and their honors have so sifted the church , that at last they have found the bran of the clergy . yet such poor church-menders must reform and shuffle , though they find church-government may a thousand wayes be chang'd for the worse , but not one way for the better . they have lately publish'd annotations on the bible , where their first note ( on the word create ) is a libel against kings for creating of honors . their annotation on jacob's two kids , is , that two kids are too much for one mans supper : but he had ( say they ) but one kid , and the other made sauce . they observe upon herod , what a tyrant he was , to kill infants under two years old , without giving them a legal tryal that they might speak for themselves . commonly they follow the geneva margin , as those sea-men who understood not the compass crept along the shore . but i hear they threaten a second edition , and in the interim thrust forth a paultry catechism , which expounds nine commandments , and eleven articles of the creed . of late they are much in love with chronograms , because ( if possible ) they are duller than anagrams ; o how they have torn the poor bishops names to pick out the number ! little dreaming that a whole bakers dozen of their own assembly have that beastly number in each of their names , and that as exactly as their solemn league and covenant consist's of words . but though the assembler's brains are lead , his countenance is brass ; for he damn'd such as held two benefices , while himself has four or five , besides his concubin . lecture . he is not against pluralities , but dualities ; he say's 't is unlawful to have two of his own , though four of other mens ; and observes how the hebrew word for life has no singular number yet 't is some relief to a sequester'd person to see two assemblers snarl for his tithes ; for of al● kind of beasts none can match an assembler bu● an assembler . he never enters a church by the door , but clambers up through a window of sequestration , or steals in through vaults and cellars by clandestine contracts with an expecting patron . he is most sure no law can hurt him , for lawes dyed in england the year before the assembler was born . the best way to hold him , is ( as our king richard bound ths king of cyprus ) in silver chains . he love's to discourse of the new jerusalem , because her streets are of fine gold ; and yet could like london as well ; were cheapside pav'd with the philosophers stone . nay , he would say his prayers with beads , if he might have a set made all of diamonds : this , this is it which tempts him to such mad articles against the loyal clergie , whom he dresse's as he would have them appear ; just as the ballad of dr. faustus brings forth the devil in a friars weed . he accus'd one minister , for saying the blessed virgin was the mother of god , ( 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , as the ancients call her . ) another he charg'd for a common drunkard , whom all the countrey knows has drunk nothing but water these six and twenty years . but the assembler himself can drink widows tears though their husbands are not dead . sure , if paracelsus's doctrine were true , ( that to eat creatures alive will perpetuate mans life ) the assembler were immortal , for he swallows quick men , wives , and children ; and devours lives as well as livings ; as if he were born in that pagan province where none might marry till he had kill'd twelve christians . this makes him kneel to lieutenant general cromwell ( as indians to the devil ; ) for he saw how oliver first threw — , then — , and can with a wink do as much for — : like milo in the olympicks , by practising on a calf grew strong enough for a bull , and could with ease give a lift to an asse . the great turk was sending his ambassador , to congratulate the assembly's proceedings against the christians ; he order'd them thanks for licencing his alcoran to be printed in english ; but hearing ottoman cromwell had talk'd of marching to the walls of constantinople , that embassy was stopt . the onely difference 'twixt the assembler and a turk , is , that one plant's religion by the power of the sword , and the other by the power of the cymetar . nay , the greatest strife in their whole conventicle , is who shall do worst ; for they all intend to make the church but a sepulchre , having not onely plunder'd , but anatomiz'd all the true clergy ; whose torment is heightned in being destroy'd by such dull instruments ; as the prophet isaiah was sawn to pieces with a wooden saw. the assembler wonder 's that the king and his friends live still in hope ; he thinks them all in st. clemens case , drown'd with an anchor tyed about his neck . he has now got power to visit the universities ; where these blinking visitors look on eminent scholars ( as the blind-man who saw men like trees ) as timber growing within the root-and-branch ordinance . the assembler has now left scholars so poor , they have scarce raggs wherewith to make paper . a man would think the two houses intend to transport the universities , since they load asses with colledge-revenues . for though these assemblers made themselves heads , they are rather the hands of colledges , for they all are takers , and take all . and yet they are such creeping tyrants , that scholars are expell'd the two universities , as the old thracians , forc'd from their countrey by ratts and mice . so that learning now is so much advanc'd , as arrowsmith's glasseye sees more than his natural . they never admit a good scholar to a benefice , for the assembly's balance is the lake of sodom , where iron swims and feathers sink . their divinity-disputations are with women or lay-men ; and 't is onely on one question ( episcopacy ) where the assembler talks all that he and his friends can say , ( though his best medium to prove presbyters more ancient than bishops , is , that scribes , pharisees , priests and elders were before the apostles ; ) yet if a scholar or good argument come , he flie's them as much as if they were his text. this made him curse dr. steward , dr. laney , and dr. hammond ; and had he not had more brass in his face then in his kitchin , he had hang'd himself at uxbridge , and ended with that treaty . for he has naught of logick , but her clutch'd fist , and rail's at philosophy as beggars do at gentlemen . he has very bad luck when he deals in philologie , as one of them ( and that no mean man ) who , in his preface to the reader , sayes , that st. paul had read eustathius upon homer , though the apostle dyed a thousand years before eustathius was born . the assembler's dyet is strangely different , for he dines wretchedly on dry bread at westminster , four assemblers for thirteen pence : but this sharpens and whets him for supper , where he feeds gratis with his city-landlord , to whom he brings a huge stomach and news ; for which cramm'd capons cram him . he screw's into families where there is some rich daughter or heir ; but whoever takes him into their bosom , will dye like cleopatra . when it rain's he is coach'd ( a classis of them together ) rowling his eyes to mark who beholds him . his shortest things are his hair and his cloak . his hair is cut to the figure of ; two high cliffs run up his temples , whose cape of shorn hair shoot's down his forehead , with creeks indented , where his ears ride at anchor . had this false prophet been carried with habbakuk , the angel had caught fast hold of his ears , and led him as he leads his auditory . his eyes are part of his tithe at easter , which he boyles at each sermon . he has two mouthes , his nose is one , for he speaks through both . his hands are not in his gloves , but his gloves in his hands , for 'twixt sweatings , that is , sermons , he handles little else , except his dear mammon . his gown ( i mean his cloak ) reache's but his pockets : when he rides in that mantle , with a hood on his shoulders and a hat above both , is he not then his own man of sin with the triple crown ? you would swear some honest carpenter dress'd him , and made him the tunnell of a country chimney . his doubles and hose are of dark blew , a grain deeper than pure coventry : but of late he 's in black , since the loyal clergy were persecuted into colours his two longest things are his nayles and his prayer . but the cleanest thing about him is his pulpit-cushion , for he still beats the dust out of it . to do him right , commonly he weares a pair of good lungs , whereby he turns the church into a belfry , for his clapper make's such a din , you cannot hear the cymball for the tinkling . if his pulpit be large , he walk's his round , and speaks as from a garrison , ( his own neck is palizado'd with ruff ) when he first enters his prayer before sermon , he wink's and gasp's , and gasp's and wink's , as if he prepar'd to preach in another world : he seems in a slumber , then in a dream ; then rumbles awhile ; at last he sound 's forth , and then throw's so much dirt and non-sense towards heaven , as he durst not offer to a member of parliament . now because scripture bids him not curse the king in his thought , he do's it in his pulpit by word of mouth ; though heaven strike him dumb in the very act , as it did hill at cambridge , who while he pray'd , depose him , o lord , who would depose us , was made the dumb devil . this ( one would think ) should gargle his foul mouth . for his only hope why god should hear him against the king , is the devil himself ( that great assembler ) was heard against job . his whole prayer is such an irrational bleating that ( without a metaphor ) 't is the calves of his lipps : and commonly 't is larded with fine new words , as savingable , muchly , christ-jesusness , &c. and yet he has the face to preach against prayer in an unknown tongue . sometimes he 's founder'd , and then there is such hideous coughing ! but that 's very seldom , for he can glibly run over non-sense , as an empty cart trundles down a hill. when the king girt round the earl of essex at lestythiell , an assembler complain'd that god had drawn his people into the wildernesse , and told him , he was bound in honour to feed them ; for , lord , said he , since thou giv'st them no meat , we pray thee , o lord , to give them no stomachs . he tore the liturgie , because , forsooth , it shackled his spirit , ( he would be a devil without a circle ; ) and now if he see the book of common prayer , the fire sees it next , as sure as the bishops were burn'd who compil'd it . yet he has mercy on hopkins and sternhold , because their meeters are sung without authority ( no statute , canon , or injunction at all ; ) only , like himself , first crept into private houses , and then into churches . mr. rous mov'd those meetres might be sequestred , and his own new rithmes to enjoy the sequestration ; but was refus'd , because john hopkins was as ancient as john calvin ; besides , when rous stood forth for his trial , robin wisdom was found the better poet. t is true they have a directory , but 't is good for nothing but adoniram , who sold the original for l. and the book must serve both england and scotland , as the directory needle point's north and south . the assembler's only ingenuity is , that he pray's for an ex tempore spirit , since his conscience tell 's him he has no learning . his prayer thus ended , he then look'd round , to observe the sex of his congregation , and accordingly turn's the apostle's men , fathers , and brethren into dear brethren and sisters . for , his usual auditory is most part female ; and as many sisters flock to him , as at paris on saint margaret's day , when all come to church that are or hope to be with child that year . he divides his text as he did the kingdom , make 's one part fight against another : or as burges divides the dean of paul's house , not into parts , but tenements , that is , so as 't will yield most money . and properly they are tenements ; for each part must be dwelt upon , though himself comes near it but once a quarter ; and so his text is rather let out than divided . yet sometimes ( to shew his skill in keckerman , ) he butcher's a text , cut 's it ( just as the levite did his concubine ) into many dead parts , breaking the sense and words all to pieces , and then they are not divided , but shatter'd , like the splinters of don quixot's lance. if his text be to the occasion , his first dish is apples of gold in pictures of silver ; yet tells not the people what pictures those were . his sermon and prayer grin at each other , the one is presbyterian , the other independent , for he preaches up the classes , yet pray's for the army . let his doctrine and reason be what they will , his use is still to save his benefice and augment his lecture . he talks much of truth , but abhors peace , lest it strip him as naked as truth ; and therefore hates a personal treaty , unlesse with a sister . he has a rare simpring way of expression ; he call's a marryed couple saints that enjoy the mystery ; and a man drunk , is a brother full of the creature . yet at wedding sermons he is very familiar , and ( like that picture in the church at leyden ) shew's adam and eve without fig-leaves . at funerals he gives infallible signs that the party is gone to heaven ; but his chief mark of a child of god , is to be good to god's ministers . and hence 't is he call's his preachment manna , fitted not to his hearers necessity , but their palat , for 't is to feed himself , not them . if he chance to tire , he refreshes himself with the people's hum , as a collar of bells do chear up a pack-horse . 't is no wonder hee 'l preach , but that any will hear him ; ( and his constant auditors do but shew the length of their ears ; ) for he is such an 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , that to hear him make's good scholars sick , but to read him is death . yet though you heard him three hours hee 'l ask a fourth , as the beggar at delph craves your charity because he eats four pound of bread at a meal . 't was from his larum the watch-makers learn'd their infinit skrew . his glasse and text are equally handled , that is , once an hour : nay sometimes he sally's and never returns , and then we should leave him to the company of lorimers , for he must be held with bit and bridle . who ever once has been at his church can never doubt the history of balaam . if he have got any new tale or expression , 't is easier to make stones speak than him to hold his peace . he hates a church where there is an eccho , for it robs him of his dear repetition , and confounds the auditory as well as he . but of all mortals i admire the short-hand-men , who have the patience to write from his mouth : had they the art to shorten it into sense , they might write his whole sermon on the back of their nail . for his invention consist's in finding a way to speak nothing upon any thing ; and were he in the grand seigniors power , he would lodge him with his mutes ; for nothing and nothing to purpose are all one . i wonder in conscience he can preach against sleeping at his opium-sermons . he preaches indeed both in season and out of season ; for he rayl's at popery , when the land is almost lost in presbytery , and would cry out fire , fire , in noah's flood . yet all this he so act 's with his hands , that in this sense too his preaching is a handicraft . nor can we complain that playes are put down while he can preach , save only his sermons have worse sense , and lesse truth . but he blew down the stage and preach'd up the scaffold . and very wisely , lest men should track him , and find where he pilsers all his best simile's , ( the only thing wherein he 's commendable , st. paul himself having cull'd sentences from menander's thais , though 't was his worst , that is , unchast comedy . ) sometimes the assembler will venture at the original , and then ( with the translator of don quixot ) he mistake's sobs and sighs for eggs and collops . but commonly ( for want of greek and latin ) he learns hebrew , and streight is illuminated ; that is , mad ; his brain is broke by a brickbat cast from the tower of babel . and yet this empty windy teacher has lectur'd a war quite round the kingdom : he has found a circulation of bloud for destruction ( as famous harvey for preservation ) of mankind . 't was easie to foresee a great mortality when ravens were heard in all corporations . for , as multitude of froggs presage a pestilence , so croaking lecturers foretold an assembly . men come to church , as the great alexander went to sacrifice , led by crows . you have seen a small elder-tree grow in chinks and clefts of church-walls ; it seems rather a weed than a tree ; which , lend it growth , make 's a rent in the wall , and throw's downe the church . is not this the assembler ? grown from schismes ( which himself begot , ) and if permitted , will make the church but a floor or church-yard . yet , for all this , he will be call'd christ's munster and saint , as the rebels against king john were the army of god. sure when they meet , they cannot but smile ; for the dullest among them needs must know that they all cheat the people : such grosse low impostors , that we die the death of the emperor claudius , poyson'd by mushromes . the old hereticks had skill and learning ( some excuse for a seduced church , ) those were scholars , but these are assemblers ; whose very brains ( as manichaeu's skin ) are stuff'd with chaff . for they study little , and preach much , ever sick of a diabete : nor do they read , but weed authours , picking up cheap and refuse notes , that with caligula they gather cockle-shells , and with domitian retire into their studie to catch flies . at fasts and thanksgivings the assembler is the states ' trumpet ; for then he doth not preach , but is blown ; proclaims news , very loud , the trumpet and his forehead being both of one metal . ( and yet , good man , he still prayes for boldness . ) he hackney's out his voice like a crier ; and is a kind of spiritual agitant , receives orders , and spreads them . in earnest the states can't want this tool , for without him the saints would scarce assemble . and if the zealots chance to fly out , they are charm'd home by this sounding brass . there is not on earth a baser sycophant ; for he ever is chewing some vote or ordinance ; and tells the people how savoury it is ; like him who lick'd up the emperour's spittle and swore 't was sweet . would the two houses give him cathedral lands , he would prove lords and commons to be jure divino : but should they offer him the self-denying ordinance , he would justifie the devil and curse them to their faces , ( his brother kirk-man did it in scotland . ) ' t is pleasant to observe how finely they play into each others hands ; marshall procures thanks to be given to sedgwick ( for his great pains ) sedgwick obtains as much for marshall , and so they all pimp for one another . but yet ( to their great comfort be it spoken ) their whole seven-years sermons at westminster are now to be sold in fetter-lane and pye-corner . before a battail the assembler ever speaks to the souldiers ; and the holding up of his hands must be as necessary as moses's against the amalekites : for he prick's them on , tells them that god loves none but the valiant : but when bullets flye , himself runns first , and then cry's all the sonns of adam are cowards ! were there any metempsychosis his soul would want a lodging ; no single beast could fit him , being wise as a sheep and innocent as a wolf. his sole comfort is , he cannot out-sin hugh peters : sure , as satan hath possessed the assembler , so hugh peters hath possessed satan , and is the devil's devil . he alone would fill a whole herd of gadarens . he hath suck'd bloud ever since he lay in the butcher's sheets ; and now ( like his sultan ) has a shambles in his countenance ; so crimson and torrid , you may there read how st. lawrence dyed , and think the three children were delivered from his face . this is st. hugh , who will levell the assembler , or the devil 's an asse . yoke these brethren ; and they two couple like a sadducee and a pharisee , or a turk and a persian , both mahumetans . but the assembler's deepest highest abomination , is his solemn league and covenant ; whereby he strive's to damn or begger the whole kingdom ; out-doing the devil , who onely perswades , but the assembler force's to perjury or starving . and this ( whoever live's to observe it ) will one day sink both him and his faction : for he and his oath are so much one , that were he half-hang'd and let down again , his first word would be covenant ! covenant ! but i forget a character should be brief : ( though tedious length be his best character . ) therefore i 'll give yee ( what he denyes the sequester'd clergy ) but a fifth part. for weigh him single , and he has the pride of three tyrants , the forhead of six gaolers , and the fraud of twelve brokers . or take him in the bunch , and their whole assembly is a club of hypocrites , where six dozen of schismaticks spend two hours for four shillings apiece . finis . die sabbathi. . sept. . whereas the companies of london have been rated by an act of common councell, towards the raising of monies advanced by the city, for the publique service ... england and wales. parliament. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing e ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) die sabbathi. . sept. . whereas the companies of london have been rated by an act of common councell, towards the raising of monies advanced by the city, for the publique service ... england and wales. parliament. sheet ([ ] p.). printed for iohn wright, london, : . title from caption and first lines of text. "ordered by the lords and commons in parliament that this be forthwith printed and published." reproduction of original in the henry e. huntington library. eng internal revenue -- england -- london. great britain -- politics and government -- - . london (england) -- history -- th century. broadsides -- england -- th century. a r (wing e ). civilwar no die sabbathi. . sept. . whereas the companies of london have been rated by an act of common councell, towards the raising of monies ad england and wales. parliament a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - elspeth healey sampled and proofread - elspeth healey text and markup reviewed and edited - pfs batch review (qc) and xml conversion die sabbathi . . sept. . whereas the companies of london have been rated by an act of common councell , towards the raising of monies advanced by the city , for the publique service ; for the repayment whereof , the city is secured by ordinance of parliament . and whereas there are diverse companies that are behinde in the payment of the rates , so assessed upon them ; it is this day ordered by the lords and commons , that the said companies so in arreare doe forthwith pay their rates , assessed upon them . or otherwise that the lands and revenues of the said companies shall be sequestred in the like manner ; as the estates and revenues of delinquents by the ordinance of sequestrations , are and ought to bee sequestred . ordered by the lords and commons in parliament that this be forthwith printed and published . i. brown cler. parliament . london , printed for iohn wright , . his maiesties speech at leicester, to the gentlemen, free-holders, and inhabitants of that county, july england and wales. sovereign ( - : charles i) this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing c ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing c estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) his maiesties speech at leicester, to the gentlemen, free-holders, and inhabitants of that county, july england and wales. sovereign ( - : charles i) charles i, king of england, - . broadside. imprinted at yorke, and re-printed at london by alice norton, [london] : . royal arms with initials at head of title. reproduction of original in the harvard university library. eng great britain -- history -- civil war, - . great britain -- politics and government -- - . a r (wing c ). civilwar no his maiesties speech at leicester, to the gentlemen, free-holders, and inhabitants of that county. july . england and wales. sovereign a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion c r royal blazon or coat of arms his maiesties speech at leicester , to the gentlemen , free-holders , and inhabitants of that county . july . gentlemen , since i have found my presence so very acceptable amongst my good subjects in these northern parts , and that the errors and mistakes amongst them , have wholly proceeded from mis-information , and are removed with more satisfaction , and ease to them then they were received ; i hold it a piece of my duty , to take the utmost pains i can , fully to inform and undeceive my people ; and rather to prevent crimes , then to punish them : in this errand i am come to you , amongst whom there hath not beene the least misunderstanding , to shew you , that i doe not suspect any malice in the place , or in the people , though persons of as ill dispositions have been busie in it , and amongst you , as in any county in england , & such who have taken as great pains to do mischief , and to bring confusion as good men should for peace & happines : though t is as true , that very many worthier persons amogst you have appeared of contrary affections , which i shal always acknowledge : i am come to you in a time too , when nothing could invite me to such a iourney , but my affection to , and good esteeme of you ; having sent such propositions for peace and accommodation to my two houses of parliament , that i hope to have no other use of your affections , but in your prayers ; being sure they will submit to them with allacrity , if the unexcusable enemies to the peace of the kingdome be not strong enough to prevaile : and then you will finde your selves so much concerned ( for i have required nothing that with more iustice can be denied me ( if it be duly weighed ) then my crowne , or my life may be taken from me ) that i shall not need to aske your assistance : i know you will bring horse , men , money , and hearts worthy such a cause . your religion , your liberties , your lawes ( which i will defend with my life , i meane the good knowne lawes of the land , not ordinances without my consent , which till within these twelve moneths was never heard of from the foundation of this kingdom ) will be the quarrell : and in such a cause the taking away my townes , ships , armes , and money from me , shall not dishearten me : the concurrence and affection of my people with gods blessing will supply and recover all . imprinted at yorke , and re-printed at london by alice norton , . his highness speech to the parliament in the painted chamber at their dissolution, upon monday the d. of ianuary . published to prevent mistakes, and false copies. cromwell, oliver, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing c ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing c estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) his highness speech to the parliament in the painted chamber at their dissolution, upon monday the d. of ianuary . published to prevent mistakes, and false copies. cromwell, oliver, - . [ ], p. re-printed at dublin, by william bladen, [dublin] : . imperfect: cropped with some loss of print. reproduction of original in the dr. williams's library. eng england and wales. -- parliament. great britain -- history -- commonwealth and protectorate, - . great britain -- politics and government -- - a r (wing c ). civilwar no his highness speech to the parliament . . . d. of january, [ ] cromwell, oliver c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion his highness speech to the parliament in the painted chamber at their dissolution , upon monday the d . of ianuary . published to prevent mistakes and false copies . re-printed at dublin , by william bladen , . his highnes speech to the parliament , in the painted chamber , at their dissolution , upon monday ianuary . gentlemen i perceive , you are here as the house of parilament , by your speaker , whom i see here ; and by your faces , which are , in a great measure , known to me . when i first met you in this room , it was , to my apprehension , the hopefullest day that ever mine eyes saw , as to considerations of this world : for i did look at ( as wrapt up in you , together with my self ) the hopes and the happiness of ( though not of the greatest yet a very great , and ) the best people in the world ; and truely and unfeignedly i thought so ; as a people that have the highest and the clearest profession among them , of the greatest glory ( to wit ) religion ; as a people that have been like other nations , sometimes up , and sometimes down , in our honour in the world , but yet never so low , but we might measure with other nations ; and a people that have had a stamp upon them from god , god having ( as it were ) summed all our former glory and honour , in things that are glory to nations in an 〈…〉 we knew one another at home , and are well known abroad . and ( if i be not very much mistaken ) we were arrived ( as i , and truely , as i believe , many others did think ) at a very safe port , where we might sit down , and contemplate the dispensations of god , and our mercies , and might know our mercies not to have been like to those of the antients , who did make out their peace and prosperity , as they thought , by their own endeavours ; who could not say , as we , that all ours were let down to us from god himself , whose appearances and providences amongst us are not be outmatched by any story . truly this was our condition and i know nothing else we had to do , save as israel was commanded , in that most excellent psalm of david , psal. . v. , , , . the things which we have heard and known , and our fathers have told us , we will not hide them from their children , shewing to the generation to come the praise of the lord , and his strength , and his wonderful works which he hath done ; for he established a testimony in iacob , and appointed a law in israel , which he commended our fathers that they should make them known to their children , that the generation to come might known them , even the children which should be born , who should arise and declare them to their children , that they might set their hope in god , and not forget the workes of god , but keep his commandments . this i thought had been a song and a work worthy of england , whereunto you might have happily invited them , had you had hearts unto it . you had this opportunity fairely delivered unto you ; and if a history shall be written of these times , and of transactions , it will be said ( it will not be denyed ) but that these things that i have spoken are true . this talent was put into your hands , and i shall recure to that which i said at the first , i came with very great joy , and contentment , and comfort , the first time i met you in this place : but we and these nations are , for the present , under some disappointment . if i had purposed to have plaid the orator , which i did never affect , nor do , nor i hope shall , i doubt not but upon easie suppositions , which i am perswaded every one among you will grant , we did meet upon such hope as thse . i met you a second time here , and i confess at that meeting i had much abatement of my hopes , through not a total frustration . i confess that that which dampt my hopes , so soon , was somewhat that did look 〈…〉 you that the management of affairs did savour of a not-owning too too much savour i say of a not-owning the authority that called you hither ; but god left us not without an expedient that gave a second possibility , shall i say , a possibility ? it seemed to me a probability of recovering out of that dissatisfied condition we were all then in , towards some mutuality of satisfaction , and therefore by that recognition , suiting with the indenture that returned you hither , to which afterwards also was added your own declaration , conformable to and in acceptance o , that expedient , whereby you had ( though with a little check ) another opportunity renewed unto you to have made this nation as happy as it could have been , if every thing had smoothly run on from hatsirct hour of your meeting . and indeed ( you will give me liberty of my thoughts and hopes ) i did think , as i have formerly found in that way that i have been engaged as a souldier , hat some affronts put up in us , some disasters at the first , have made way for very great and happy successes . and i did not at all despond , but the stop put upon you , would in like manner have made way for a blessing from god , that that interruption being , as thought , necessary to divert you from destructive and violent proceedings , to give time for better deliberati us ; whereby , leaving the government as you found it , you might have proceeded to have made those good and wholsome laws , which the people expected from you , and might have answered the grievances , and settled those other things proper to you as a parliament , and for which you would have had thanks , from all that intrusted you . what hath hapned since that time , i have not taken publick notice of , as declining to intrench upon parliament priviledges : for sure i am , you will all bear me witness , that from your entring into the house upon the recognition , to this very day , you have had no manner of interruption or hindrance of mine , in proceeding to that blessed issue the heart of a good man could propose to himself , to this very day . you see you have me verie much lockt up as to what you transacted among your selves from that time to this , but somthing i shall take liberty to speak of to you , as i may not take notice what you have been doing , so i think i have a very great liberty to tell you , that i do not know what you have been doing , i do not know whether you have been alive or dead , i have not once heard from you in all this time , i have not , and that you all know : if that be a fault that i have not , surely it hath not been mine . if i had any melancholy thoughts , and have sat down by them , why might it not have been very lawful to me to think that i was a 〈◊〉 judged vnconcerned in all these businesses : i can assure you , i have not reckoned my self , nor did i reckon my self unconcerned in you , and so long as any iust patience could support my expectations , i would have waited to the untermost to have received from you the issues of your consultations and resolutions ; i have been careful of your safety , & the safety of those that you represented , to whom i reckon my self a servant . but what messages have i disturbed you withall ? what injury or indignity hath been done or offered , either to your persons , or to any priviledges of parliament , since you sat ? i looked at my self , as strictly obliged by my oath since your recognizing the government , in the authority of which you were called hither , and sate , to give you all possible security , and to keep you from any un-parliamentary interruption . think you i could not say more upon this subject , if i listed to expaciate thereupon ; but because my actions plead for me : i shall say no more of this . i say , i have been caring for you , your quiet sitting , caring for your priviledges ( as i said before ) that they might not be interrupted , have been seeking of god , from the great god , a blessing upon you , sand a blessing upon these nations ; i have been consulting , if possiblie i might in any thing promote , in my place , the real good of this parliament , of the hopefulness of which i have said so much unto you . and i did think it to be my business , rather to see the utmost issue , and what god would produce by you , than unseasonably to intermeddle with you . but as i said before , i have been caring for you , and for the peace and quiet of the nations , indeed i have , and that i shall a little presently manifest unto you . and it leadeth me to let you know somwhat that i fear , i fear will be through some interpretation a little too justly put upon you , whilest you have been imployed as you have been ( and in all that time expressed in the government , in that government , i say , in that government ) brought forth nothing that you your selves say can be taken notice of without infringment of your priviledges . i will tell you somwhat , that ( if it be not news to you ) i wish you had taken very serious consideration of ; if it be news , i wish i had acquainted you with it sooner : and yet if any man will ask me why i did it not , the reason is given already , because i did make it my business to give you no interruption . there be some trees that will not grow under the shadow of other 〈…〉 a man may say so by way of allusion to thrive under the shadow of other trees : i will tell you what have thriven , i will not say what you have cherished under your shadow , that were too hard , instead of the peace and settlement , instead of mercy and truth being brought together , righteousness and peace kissing each other , by reconciling the honest people of these nation : , and settling the woful distempers that are amongst us , ( which had been glorious things , and worthy of christians to have proposed ) weeds and nettles , briars and thorn ; have thriven under your shadow , dissettlement ! and division , discontent and dis-satisfaction , together with real dangers to the whole , has been more multiplied within these five months of your sitting , than in some years before . foundations have been also laid for the future renewing the troubles of these nations , by all the enemies of it abroad and at home ; let not these words seem too sharp , for they are true , as any mathematical demonstrations are or can be ; i say , the enemies of the peace of these nations abroad and at home , the discontented humors throughout these nations , which i think no man will grudg to call by that name , or to make to allude to briars and thorns , they have nourished themselves under your shadow . and that i may be clearly understood , they have taken the opportunities from your sitting , from the hopes they had , which with easie conjecture they might take up , and conclude , that there would be no settlement , and therefore they have framed their designes , preparing for the execution of them accordingly . now whether ( which appertains not to me to judge of on their behalf ) they had any occasion ministred for this ; and from whence they had it , i list not to make any scrutiny or search , but i will say this , i think they had them not from me , i am sure they had not ; from whence they had it is not my business now to discourse , but that they had , is obvious to every mans sense . what preparations they have made to execute in such a season as they thought fit to take their opportunity from , that i know ( not as men know things by conjecture , but ) by certain demonstrable knowledg , that they have been ( for some time past ) furnishing themselves with arms , nothing doubting , but that they should have a day for it ; and verily believing , that whatsoever their former disappointments were , they should have more done for them by and from our own divisions , than they were able to do for themselves . i do not , and i desire to be understood so , that in all i have to say of this subject , you will take it that i have no reservation in my minde to 〈…〉 of guess and suspition , with things of fact , but the things i am telling are of fact , things of evident demonstration . these weeds , briars and thorns , they have been preparing , and have brought their designs to some maturity , by the advantages given to them , as aforesaid , from your sitting and proceedings ; but by the waking ey that watched over that cause that god will bless , they have been , and yet are disappointed . and having mentioned that cause , i say that slighted cause , let me speak a few words in behalf thereof ( though it may seem too long a digression ) whosoever despiseth it , and will say it is non causa pro causâ , the all searching ey before mentioned will find out that man , and will judge him , as one that regardeth not the works of god , nor the operations of his hands , for which god hath threatened to cast men down and not build them up ; that because he can dispute , and tell us , he knew not where the cause begun , nor where it is , but modelleth it according to his own intellect , and submits not to to the appearances of god in the world , therefore he lifts up his heel against god , and mocketh at all his providences , laughing at the observations made up not without reason , and the scriptures , but by the quickening and teaching spirit , which gives life to the other , calling such observations enthusiasms . such men , i say , no wonder if they stumble and fall backward , and be broken , and snared , and taken by the things of which they are so maliciously and wilfully ignorant . the scriptures say , the rod has a voice , and he will make himself known , and he will make himself known by the judgements which he executeth ; and do we not think he will , and does , by the providences of mercy and kindness which he hath for his people , and for their just liberties , whom he loves as the apple of his ey ? doth he not by them manifest himself ? and is he not thereby also seen , giving kingdoms for them , giving men for them , and people for their lives ? as it is in the . of isaiah is not this as fair a lecture , and as clear speaking , as any thing our dark reason left to the letter of the scriptures can collect from them ? by this voice has god spoken very loud on the behal of his people , by judging their enemies in the late war , and restoring them a liberty to worship with the freedom of their consciences , and freedom in their estates and persons when they do so . and thus we have found the cause of god by the works of god , which are the testimony of god , upon which rock , whosoever spilits shall suffer shipwrack . but it is our glory , and it is mine , if i have any in the world , concerning the interest of those that have an interest in a better world ; it is my glory that , i know a cause , which yet we have not lost , but do hope we shall take a little pleasure rather to lose our lives than lose . but you will excuse this long digression . i say unto you , whilst you have been in the midst of these transactions , that party , that cavalier party , ( i could wish some of them had thrust in here to have heard what i say ) the cavalier party have been designing and preparing to put this nation in bloud again with a witness ; but because i am confident there are none of that sort here , therefore i shall say the less to that ; onely this i must tell you , they have been making great preparations of arms , and , i do believe , will be made evident to you that they have raked out many thousands of arms , even all that this city could afford , for divers months last past . but it will be said , may we not arm our selves for the defence of our houses ? will any bodie find fault for that ? no , for that , the reason of their doing so hath been as explicit , and under as clear proof , as the fact of doing so , for which i hope , by the justice of the land , some will , in the face of the nation , answer it with their lives , and then the business will be pretty well out of doubt . banks of money have been framing for these , and other such like uses ; letters have been issued , with privie seals , to as great persons as most are in the nation , for the advance of moneys , which have been discovered to vs by the persons themselves ; commissions for regiments of horse and foot and command of castles , have been likewise given from charls stuart , since your sitting ; and what the general insolencies of that party have been , the honest people have been sensible of , and can very well testify . it hath not been onely thus ; but as in a quinzie or plurisie , where the humor fixeth in one part , give it scope , it will gather to that place , to the hazarding of the whole , and it is natural to do so , till it destroy nature , in that person on whomsoever this befals , so likewise will those diseases take accidental causes of aggravation of their distemper ; and this was that which i did assert , that they have taken accidental causes , for the growing and increasing of those distempers , as much as would have been in the natural body , if timely remedy were nor applied . and indeed , things were come to that pass ( in respect of which i shall give you a particular account ) that no mortal physician , if the great physician had not stept in , could have cured the distemper . shall i lay this upon your account , or my own ? i am sure i can lay it upon gods account 〈…〉 mortal and destructive ; and what is all this ? truly i must needs say , a company of men still , like briars and thorns , and worse , if worse can be , of another sort than those before mentioned to you , have been , and yet are , endeavoring to put us into bloud and into confusion , more desperate and dangerous confusion than england ever yet saw . and i must say , as when gideon commanded his son to fall upon zeba and zalmunna to slay them , they thought it more noble to die by the hand of a man , than of a stripling ; which shews there is some contentment in the hand by which a man falls : so is it some satisfaction , if a common-wealth must perish that it perish by men , and not by the hands of persons differing little from beasts ; that if it must needs suffer , it should rather suffer from rich men , than from poor men , who , as solomon saies , when they oppress , they l●●ve nothing behind them , but are as a sweeping rain . now , such as these also are grown up under your shadow : but it will be asked , what have they done ? i hope , though they pretend common-wealths interest , they have had no encourageme●t from you , but that as before , rather taken it , than that you have administered any cause unto them for so doing , from delays , from hopes that this parliament would not settle , from pamphlets , mentioning strange votes and resolves of yours , which i hope did abuse you . thus you see , what ever the grounds were , these have been the effects . and thus i have laid these things before you , and you and others will be easily able to judge how far you are concerned . and what have these men done ? they have also labored to pervert where they could , and as they could , the honest meaning people of the nation , they have labored to engage , some in the army ; and i doubt , that not onely they , but some others also very well known to you , have helped in this work of debauching and dividing the army ; they have , they have ; i would be loth to say , who , where , and how , much more loth to say , they were any of your own number , but i can say endeavors have been to put the army into a distemper , and to feed that which is the worst humor in the army , which though it was not a mastering humor , yet these took their advantage from delay of the settlement , and the practices before mentioned , and stopping the pay of the army , to run us , into free-quarter , and to bring us into the inconveniencies most to be feared and avoided . what if i am able to make it appear in fact , that some amongst you have run into the city of london to perswade to petitions and ad 〈…〉 own votes that you have passed ? whether these practices were in favor of your liberties , or tended to be get hopes of peace and settlement from you ; and whether debauching the army in england , as is before expressed , and sterving it , and putting it upon free-quarter , and occasioning and necessitating the greatest part thereof in scotland to march into england , leaving the remainder thereof to have their throats cut there , and kindling by the rest a fire in our own bosoms , were for the advantage of affairs here , let the world judg ? this i tell you also , that the correspondency held with the interest of the cavaliers , by that party of men called levellers , and who calls themselves common-wealths-men ; whose declarations were framed to that purpose , and ready to be published at the time of their commonrising , whereof we are possessed , and for which we have the confession of themselves , now in custody ; who confess also they built their hopes upon the assurance they had of the parliaments not agreeing a settlement : whether these humors have not nourished themselves under your boughs , is the subject of my present discourse , and i think i say not amiss if i affirm it to be so . and i must say it again , that that which hath been their advantage , thus to raise disturbance , hath been by the loss of those golden opportunities , that god hath put into your hands for settlement , judge you whether these things were thus or no , when you first sat down , i am sure things were not thus , there was a very great peace , and sedateness , throughout these nations , and great expectations of a happy settlement , which i remembered to you at the beginning of my speech , and hoped that you would have entered upon your business as you found it . there was a government in the possession of the people , i say a government in the posession of the people , for many months , it hath now been exercised near fifteen months ; and if it were needful that i should tell you , how it came into their possession , and how willingly they received it , how all law and justice were distributed from it , in every respect , as to life , liberty and estate ; how it was owned by god , as being the dispensation of his providence , after twelve years war , and sealed and witnessed unto by the people , i should but repeat what i said in my last speech made unto you in this place , and therefore i forbear . when you were entered upon this government , raveling into it ( you know i took no notice what you were doing ) if you had gone upon that 〈…〉 visions for the good of the people of these nations , for the settling of such matters in things of religion as would have upheld and given countenance to a godly ministery , and yet would have given a just libertie to godly men of different judgements , men of the same faith with them that you call the orthodox ministery in england , as it is well known the independents are , and many under the form of ba●tism , who are sound in the faith , onely may perhaps be different in judgement in some lesser matters , yet as true christians , both looking at salvation , onely by faith in the bloud of christ , men profe●●●ng the fear of god , having recourse to the name of god , as to a strong tower ; i say you might have had opportunity to have settled peace and quietness amongst all professing godliness , and might have been instrumental , if not to have healed the breaches , yet to have kept the godly of all judgements from running one upon another , and by keeping them from being over-run by a common enemie , rendered them and these nations , both secure , happy , and well satisfied . are thess things done ? or any thing towards them ? is there not yet upon the spirits of men a strange itch ? nothing will satisfie them , unless they can put their finger upon their brethrens consciences , to pinch them there . to do this was no part of the contest we had with the common adversary ; for religion was not the thing at the first contested for ; but god brought it to that issue at last , and gave it unto us by way of redundancie , and at last it proved to be that which was most dear to us ; and wherein consisted this , more than in ●btain●ng that liberty from the tyranny of the bishops , to all species of protestants , to worship god according to their own light and consciences ? for want of which , many of our brethren forsook their native countreys , to seek their bread from strangers , and to live in howling wildernesses ; and for which also , many that remained here , were imprisoned , and otherwise abused , and made the scorn of the nation . those that were sound in the faith , how proper was it for them to labor for liberty , for a just liberty , that men should not be trampled upon for their consciences ? had not they labored but lately under the weight of persecutions , & was it fi● for them to sit heavy upon others ? is it ingenuous to ask liberty , and not to give it ? what greater hypocrisie , than for those who wer● oppressed by the bishops , to becom the greatest oppressors themselves , so soon as their yoke was removed ? i could wish that they who call for liberty now also , had not too much of that spirit , if the power were in their hands . 〈…〉 contentious railers , evil speakers , who seek by evil words to corrupt good manners , persons of loose conversaions , punishment from the civil magistrate ought to meet with them , because if these pretend conscience , yet walking disorderly , and not according , but contrary to the gospel , and even to natural light , they are judged of all , and their sins being open , makes them subjects of the magistrates sword , who ought not to bear it in vain . the discipline of the army was such , that a man would not be suffered to remain there , of whom we could take notice he was guilty of such practices as these : and therefore how happy would england have been , and you , and i , if the lord had led you on to have settled upon such good accounts as these are , and to have discountenanced such practices as the other , and left men in disputable things free to their own consciences , which was well provided for by the government , and liberty left to provide against what was apparently evil . judge you , whether the contesting for things that were provided for by this government hath been profitable expence of time for the good of these nations ? by means whereof , you may see you have wholely elapsed your time , and done just nothing . i will say this to you in behalf of the long parliament , that had such an expedient as this government been proposed to them , and that they could have seen the cause of god thus provided for , and had by debates been enlightened in the grounds by which the difficulties might have been cleared , and the reason of the whole enforced , the circumstances of time and persons , with the temper and disposition of the people , and affairs both abroad and at home , when it was undertaken , well weighed , ( as well as they were thought to love their seats ) i think in my conscience that they would have proceeded in another manner than you have done , and not have exposed things to those difficulties and hazards they now are at , nor given occasion to leave the people so dissettled as now they are , who i dare say , in the soberest , and most judicious part of them , did expect , not a questioning , but a doing things in persuance of the government , and if i be not mis-informed , very many of you came up with this satisfaction , having had time enough to weigh and consider the same . and when i say , such an expedient as this government is , wherein i dare assert there is a just liberty to the people of god , and the just rights of the people in these nations provided for , i can put the issue thereof upon the clearest reason , whatsoever any go about to suggest to the contrary . but this not being the time and place of such an averment , for satisfaction sake herein , enough is said in a book , intituled , a true state of the case of the common-wealth , &c. published in jan. . ( and for my self , i desire not to keep it an hour longer than i may preserve england in its just rights , and may protect the people of god in such a just : liberty of their consciences , as i have already mentioned ) and therefore if this parliament have judged things to be otherwise than as i have stated them , it had been huge friendliness between persons that had such a reciprocation , and in so great concernments to the publick , for them to have convinced me in what particulars therein my error lay , of which i never yet had a word from you . but if instead thereof , your time has been spent in setting up somwhat else upon another bottom than this stands , that looks as if a laying grounds of a quarrel had rather been designed , than to give the people settlement ; if it be thus , it s well your labors have not arrived to any maturity at all . this government called you hether , the constitution whereof being so limited , a single person and a parliament , and this was thought most agreable to the genral sence of the nation , having had experience enough by tryal of other conclusions , judging this most likely to avoid the extreams of monarchy on the one hand , and democracy on the other , and yet not to found dominium in gratiâ . and if so , then certainly to make it more than a nation , it was requisit that it should be as it is in the government , which puts it upon a true and equal ballance . it has been already submitted to the judicious honest people of this nation , whether the ballance be not equal , and what their judgement is , is visible by submission to it , by acting upon it , by restraining their trustees from meddling with it : and it neither asks nor needs any better ratification . but when trustees in parliament shall by experience find any evil in any parts of the government , refered by the government it self to the consideration of the protector and parliament ( of which time it self will be the best discoverer ) how can it be reasonably imagined , that a person or persons coming in by election , and standing under such obligations , and so limited , and so necessitated by oath to govern , for the peoples good , and to make their love , under god , the best under-propping , and his best interest to him , how can it , i say , be imagined , that the present or suceeding protectors will refuse to agree to alter any such thing in the government that may be found to be for the good of the people , or to recede from any thing which he might be convinced 〈◊〉 the ballance too much to the single person ? and although for the present , the keeping up , and having in his power the militia seems the most hard , yet if it should be yielded up at such a time as this , when there is as much need to keep this cause by it ( which is most evident at this time impugned by all the enemies of it ) as there was to get it , what would becom of all ? or if it should not be equally placed in him and the parliament , but yielded up at any time , it determins his power , either for doing the good he ought , or hindring parliaments from perpetuating themselves , or from imposing what religions they please on the consciences of men , or what government they please upon the nation , thereby subjecting us to dissettlement , in every parliament , and to the desperate consequences thereof ; and if the nation shall happen to fall into a blessed peace , how easily and certainly , will their charge be taken off , and their forces be disbanded , and then where will the danger be to have the militia thus stated ? what if i should say , if there should be a disproportion or disequality as to the power , it is on the other hand , and if this be so , wherein have you had cause to quarrel ? what demonstrations have you held forth to settle me to your opinion ? would you had made me so happy as to let me have known your grounds . i have made a free and ingenuous confession of my faith to you , and i could have wished it had been in your hearts to have agreed that some friendly and cordial debates might have been towards mutual conviction ; was there none amongst you to move such a thing ? no fitness to listen to it ? no desire of a right understanding ? if it be not folly in me to listen to towntalk , such things have been proposed , and rejected , with stifness and severity , once and again ; was it not likely to have been more advantagious to the good of this nation ? i will say this to you for my self , & to that i have my conscience as a thousand witnesses , and i have my comfort and contentment in it , and i have the witness of divers here , that i think truely scorn to own me in a lie , that i would not have been averse to any alteration , of the good of which i might have been convinced , although i could not have agreed to the taking it off the foundation on which it stands , &c. the acceptation and consent of the people . i will not presage what you have been about , or doing in all this time , or do i love to make conjectures , but i must tell you this , that as i undertook this government in the simplicity of my heart , and as before god , and to do the part of an honest man , and to be true to the inerest which in my conscience is dear to many of you ( though it is not alwaies understood what god in his wisdom may hide from us , as to peace and settlement ) so i can say , that no particular interest , either of my self , estate , honour , or family , are , or have been prevalent with me to this undertaking . for if you had upon the old government offered to me this one , this one thing , i speak , as thus advised , and before god , as having been , to this day of this opinion , and this hath been my constant judgement , well known to many that hear me speak , if this one thing had been inserted , that one thing , that this government should have been , and placed in my family hereditary i would have rejected it , and i could have done no other , according to my present conscience and light ; i will tell you my reason , though i cannot tell what god will do with me , nor you , nor the nation , for throwing away precious opportunities committed to us . this hath been my principle , and i liked it when this government came first to be proposed to me , that it put us off that hereditary way , well looking , that as god had declared what government he had delivered over to the jews , and placed it upon such persons as had been instrumental for the conduct and deliverance of his people ; and considering that promise in isaiah , that god would give rulers as at the first , and iudges as at the beginning , i did not know , but that god might begin , and though at present with a most unworthy person , yet as to the future , it might be after this manner , and i thought this might usher it in . i am speaking as to my iudgement against making it hereditary , to have men chosen for their love to god , and to truth , and iustice , and not to have it hereditary ; for as it is in ecclesiastes who knoweth whether he may beget a fool or wise , honest or not , what ever they be must come in upon that account , because the government is made a patrimony . and this i do perhaps declare with too much earnestness , as being my own concernment , and know not what place it may have in your hearts , and of the good people in the nation , but however it be , i have comfort in this my truth and plainness . i have thus told you my thoughts , which truly i have declared to you in the fear of god , as knowing he will not be mocked , and in the strength of god , as knowing and rejoycing that i am kept in my speaking ; especially when i do not form or frame things without the compass of the integrity , and honesty , that my own conscience gives me not the ly to what i say , and then in what i say i can rejoyce . now to speak a word or two to you , of that i must profess in the name of the same lord , an i wish that there had been no cause that i should have thus spoken to you , and though i have told you , that i came with ioy the first time , with some regret the second , that now i speak with most regret of all . i look upon you , as having among you many persons , that i could lay down my life individually for , i could through the grace of god , desire to lay down my life for you ; so far am i from having an unkind or un-christian heart towards you , in your particular capacities . i have that indeed as a work most incumbent upon me , i consulted what might be my duty in such a day as this , casting up all considerations . i must confess , as i told you , that i did think occasionally this nation hath suffered extreamly in the respects mentioned , as also in the disappointments of their expectations of that justice that was due to them by your sitting thus long ; and what have you brought forth ? i did not , nor cannot apprehend what it is , ( i would be loth to call it a fate , that were too paganish a word ) but there is something in it , that we have not our expectations . i did think also for my self , that i am like to meet with difficulties , and that this nation will not ( as it is fit it should not ) be deluded with pretexts of necessity in that great business of raising of money , and were it not that i can make some dilemmaes upon which to resolve some things of my conscience , judgement , and actions , i should sink at the very prospect of my encounters ; some of them are general , some are more special , supposing this cause , or this business must be carried on , either it is of god , or of man , if it be of man , i would i had never touched it with a finger ; if i had not had a hope fixed in me that this cause , and this business is of god , i would many years ago have run from it . if it be of god , he will bear it up . if it be of man , it will tumble , as every thing that hath been of man , since the world began , hath done . and what are all our histories , and other traditions of actions in former times , but god mani●esting himself that he hath shaken and tumbled down , and trampled upon every thing that he hath not planted ? and as this is , so the all-wise god deal with it . if this be of humane structure , and invention , and it be an old plotting and contrivance to bring things to this issue , and that they are not the births of providence , then they will tumble . but if the lord take pleasure in england , and if he will do us good , he is able to bear us up ; let the difficulties be whatsoever they will , we shall in his strength be able to encounter with them . and i bless god i have been inured to difficulties , and i never found god failed when i trusted in him ; i can laugh and sing in my heart when i speak of these things to you , or elswhere . and though some may think it an hard thing without parliamentary authority to raise money upon this nation ; yet i have another argument to the good people of this nation , if they would be safe , and have no better principle ; whether they prefer the having of their will , though it be their destruction , rather than comply with things of necessity ; that will excuse me , but i should wrong my native countrey to suppose this . for i look at the people of these nations , as the blessing of the lord , and they are a people blessed by god . they have been so , and they will be so by reason of that immortal seed , which hath been , & is amongst them , those regenerated ones in the land , of several judgements , who are all the flock of christ , and lambs of christ , though perhaps under many unruly passions , and troubles of spirit , whereby they give disquiet to themselves and others ; yet they are not so to god , as to us , he is a god of other patience , and he will own the least of truth in the hearts of his people , and the people being the blessing of god they will not be so angry , but they will prefer their safety to their passions , and their real security to forms , when necessity calls for supplies ; had they not well been acquainted with this principle , they had never seen this day of gospel-liberty . but if any man shall object , it is an easie thing to talk of neccssities when men create necessities ; would not the lord protector make himself great , and his familie great ? doth not he make these necessities ? and then he will come upon the people with this argument of necessitie . this were something hard indeed , but i have not yet known what it is to make necessities , whatsoever the judgements or thoughts of men are . and i say this , not onely to this assembly , but to the world , that that man liveth not , that can come to me , and charge me that i have in these great revolutions made necessities ; i challenge even all that fear god : and as god hath said . my glory i will not give unto another , let men take heed , and be twice advised , how they call his revolutions , the things of god , and his working of things from one period to another , how i say , they call them necessities of mens creation , for by so doing they do vilifie and lessen the works of god , and rob him of his glory , which he hath said , he will not give unto another , nor suffer to be taken from him . we know what god did to herod when he was applauded , and did not acknowledge god ; and god knoweth what he will do with men when they shall call his revolutions , humane designs , and so detract from his glory , when they have not been forecast , but sudden providences in things , whereby carnal and worldly men are enraged , and under , and at which many i fear ( some good ) have murmured and repined , because disappointed of their mistaken fancies ; but still they have been the wise disposings of the almighty , though instruments have had their passions and ●ra●lties ; and i think it is an honor to god to acknowledge the necessities to have been of gods imposing , when truely they have been so , as indeed they have , when we take our sin in our actings to ourselves , and much more safe , than judge things so contingent , as if there were not a god that ruled the earth . we know the lord hath poured this nation from vessel to vessel , till he poured it into your lap , when you came first together : i am confident , that it came so into your hands , was not judged by you to be from counterfeited , or feigned necessity , but by divine providence and dispensation . and this i speak with more earnestness , because i speak for god , and not for men ; i would have any man to come and tell of the transactions that have been , and of those periods of time , wherein god hath made these revolutions , and find where they can fix a feigned necessity . i could recite particulars , if either my strength would serve me to speak , or yours to hear ; if that you would revolve the great hand of god in his great dispensations , you would find that there is scarce a man that fell off at any period of time when god had any work to do , that can give god or his work , at this day , a good word . it was , say some , the cunning of the lord protector ( i take it to my self ) it was the craft of such a man , and his plot that hath brought it about . and as they say in other countreys , there are five or six cunning men in england that have skill , they do all these things : oh what blasphemy is this ! because men that are without god in the world , and walk not with him , and know not what it is to pray , or believe , and to receive return from god , and to be spoken unto by the spirit of god , who speaks without a written word sometimes , yet according to it : god hath spoken heretofore in divers manners , let him speak as he pleaseth . hath he not given us liberty ? nay is it not our dutie to go to the law and to the testimonies , and there we shall find that there have been impressions in extraordinary cases , as well without the written word as with it , and therefore there is no difference in the thing thus asserted , from truths generally received , except we will exclude the spirit , without whose concurrence all other teachings are ineffectual ; he doth speak to the hearts and consciences of men , and leadeth them to his law and testimonies , and there he speaks to them , and so gives them double teachings , according to that of job . god speaketh once , yea twice ; and that of david , god hath spoken once , yea twice have i heard this . those men that live upon their mumpsimus and sumpsimus , their masses and service-books , their dead and carnal worship , no marvel if they be strangers to god , and the works of god , and to spiritual dispensations . and because they say and believe thus , must we do so too ? we in this land have been otherwise instructed , even by the word , and works , and spirit of god . to say that men bring forth these things , when god doth them , judg you if god will bear this . i wish that every sober heart , though he hath had temptations upon him of deserting this cause of god , yet may take heed how he provokes , and falls into the hands of the living god by such blasphemies as these , according to the th of the hebrews , if we sin wilfully after that we have received the knowledge of the truth , there remains no more sacrifice for sin ( it was spoken to the jews , that having professed christ apostatized from him ) what then ? nothing but a fearful falting into the hands of the living god . they that shall attribute to this or that person the contrivances and production of those mighty things god hath wrought in the midst of us , and that they have not been the revolutions of christ himself , upon whose shoulders the government is laid , they speak against god , and they fall under his hand without a mediator , that is , if we deny the spirit of jesus christ the glory of all his works in the world , by which he rules kingdoms , and doth administer , and is the rod of his strength , we provoke the mediator ; and he may say , i 'll leave you to god , i 'll not intercede for you , let him tear you to pieces , i 'll leave thee to fall into gods hands , thou deniest me my soveraignty and power committed to me , i 'll not intercede nor mediate for thee , thou fallest into the hands of the living god . therefore whatsoever you may judge men for , and say , this man is cunning , and politick , and subtil ; take heed , again i say , how you judge of his revolutions , as the products of mens inventions . i may be thought to press too much upon this theme , but pray god it may stick upon your hearts and mine ; the worldly minded man knows nothing of this , but is a stranger to it , and because of this his atheism and murmurings at instruments , yea repining at god himself ; and no wonder , considering the lord hath done such things amongst us as have not been known in the world these years , and yet not withstanding is not owned by us . there is another necessity which you have put upon us , and we have not sought ; i appeal to god , angels , and men , if i shall raise money according to the article in the government which had power to call you hether , and did , and instead of seasonable providing for the armie , you have labored to overthrow the government , and the army is now upon free-quarter , and you would never so much as let me hear a tittle from you concerning it , where is the fault ? has it not been as if you had had a purpose to put this extremity upon us and the nation ? i hope this was not in your minds , i am not willing to judge so ; but this is the state unto which we are reduced : by the designs of some in the army who are now in custody , it was designed to get as many of them as could , through discontent for want of money , the army being in a barren countrey , near thirty weeks behind in pay , and upon other specious pretences , to march for england out of scotland , and in discontent to seiz , their general there , a faithful and honest man , that so another might head the army , and all this opportunity taken from your delays , whether will this be a thing of feigned necessity ? what could it signifie but that the army are in discontent already , and wee 'l make them live upon stones , wee 'l make them cast off their governours and discipline ? what can be said to this ? i list not to unsaddle my self , and put the fault upon others backs ; whether it hath been for the good of england whilest men have been talking of this thing or the other , and pretending liberty , and a many good words whether it hath been as it should have been ? i am confident you cannot think it has , the nation will not think so . and if the worst should be made of things , i know not what the cornish men , or the lincolnshire men may think , or other counties , but i believe they will all think they are not safe . a temporary suspension of caring for the greatest liberties and priviledges ( if it were so , which is denied ) would not have been of that damage , that the not providing against free quarter hath run the nation upon . and if it be my liberty to walk abroad in the fields , or to take a iourney , yet it is not my wisdom to do so when my house is on fire . i have troubled you with a long speech , and i believe it may not have the same resentment with all that it hath with some : but because that is unknown to me , i shall leave it to god , and conclude with that , that i think my self bound in my duty to god and the people of these nations , to their safety and good in every respect . i think it my duty to tell you , that it is not for the profit of these nations , nor for common and publick good , for you to continue here any longer , and therefore , i do declare unto you , that i do dissolve this parliament . resolves of parliament, touching the lord generals taking and subscribing the engagement. england and wales. parliament. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) resolves of parliament, touching the lord generals taking and subscribing the engagement. england and wales. parliament. sheet ([ ] p.) printed by edward husband and iohn field, printers to the parliament of england, london : . [i.e. ] the lord general = thomas fairfax, baron fairfax. order to print dated: die mercurii, februarii, . signed: hen: scobell, cleric. parliamenti. reproduction of the original in the british library. eng fairfax, thomas fairfax, -- baron, - -- early works to . loyalty oaths -- england -- early works to . great britain -- history -- commonwealth and protectorate, - -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no resolves of parliament, touching the lord generals taking and subscribing the engagement. england and wales. parliament. a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - elspeth healey sampled and proofread - elspeth healey text and markup reviewed and edited - pfs batch review (qc) and xml conversion resolves of parliament , touching the lord generals taking and subscribing the engagement . resolved upon the question by the parliament , that the parliament doth declare , that thomas lord fairfax , general of the parliament forces , having taken and subscribed the engagement appointed for the members of the councel of state ; viz. i a. b. being nominated a member of the councel of state by this present parliament , do testifie , that i do adhere to this present parliament , in the maintenance and defence of the publique liberty and freedom of this nation , as it is now declared by this parliament , by whose authority i am constituted a member of the said councel , and in the maintenance and defence of their resolutions concerning the setling the government of this nation for future , in the way of a republique , without a king or house of peers : and i do promise in the sight of god , that through his grace , i will be faithful in performance of the trust committed to me as aforesaid , and therein faithfully pursue the instructions given to the said councel by this present parliament . in confirmation of the premises , i have hereunto subscribed my name . his said taking and subscribing , is a taking of the engagement within the act of parliament , entituled , an act for subscribing the engagement . resolved , &c. that mr. speaker do send this vote to the general in a letter , and to return unto him the hearty thanks of this house , for his great care in causing the orders to be put in execution touching the taking the engagement by the army and garisons , and the returns of these subscriptions . die mercurii , februarii , . ordered by the parliament , that these votes be forthwith printed and published . hen : scobell , cleric . parliamenti . london , printed by edward husband and iohn field , printers to the parliament of england , . the resolve of the citie this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing l thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) the resolve of the citie l'estrange, roger, sir, - , attributed name. sheet ([ ] p.) s.n., [london : ] sometimes attributed to sir roger l'estrange. protesting against the terms of "the agrement [sic] of the general council of officers of the armies of england, scotland, and ireland". imprint from wing. dated at end: december . annotation on thomason copy: "xber [i.e., december]. . ". reproduction of the original in the british library. eng england and wales. -- army. -- council -- the agreement of the general council of officers of the armies of england, scotland, and ireland -- early works to . london (england) -- history -- th century -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no the resolve of the citie. [l'estrange, roger, sir] a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion the resolve of the citie . ovr respects to peace , and order , are too notorious to be questioned , since by the meer impressions of charity and obedience , we have thus long suspended the justice we owe to our selves , together with that vengeance , which the blood of our murthered companions requires at our hands . nor hath the power of these principles of publique tendernesse been lesse eminent , upon our judgements , than upon our passions ; for , we have as well believed , in contradiction to evidence of experiment , as we have suffered , in opposition to the very elements , and dictates of humanity . witnesse that execrable munday ( sacred to the eternal infamy of this city ) even then ; when we had that enemy at our mercy , toward whom , by the rights of nature , and of generosity , we were not bound to exercise any ; even then , i say , in the very heat , and course of an honest , and powerfull indignation , we returned quietly , to our houses , upon the first notice , that the authority of the city would have it so . but it is likewise true , that this assurance , was added to the message , viz. that the common council , was sensible of our grievances , and would duly consider them . since this , we find nothing done in pursuance of that promise ; but on the contrary , iniuries are multiplyed upon us ; and those of that day , serve but as arguments of encouragement to greater . some of us killed , others wounded , and lead in triumph naked through the strets : two or three hundred thousand persons looking on , to celebrate the conquest , and the shame . a citizens skull , is but a thing to try the temper of a souldiers sword upon ; give us but every man a red-coat for a cash keeper , and the work 's done . they 're come within a trifle on 't already ; and all this while , an order to be quiet , is all our patient masters would afford us . give us an order that may make us safe ( although we need not ask , what we can give our selves ) perswade these people to be gone , or bid us drive them out ; what law made pauls , and gresham colledge , garrisons ? if nothing else will do , wee 'l do 't our selves : we have engaged , and sworn the vindication of the city , and nothing can absolve us from the oath we have taken this must be done betimes too , 't will come too late else , to prevent , either the necessity of a tumult , or the greater mischief , of a supine , and credulous security . a parliament in january , will do us no more good , than a cordial will do him that was hanged last sessions . our sense at large , we delivered to the world , in a paper , entinuled , the final protest , and sense of the city : which is publique enough , notwithstanding the great design used to suppresse it , and the insolences of diverse persons , disaffected to the good of the city , toward those that sold them . to that we adhere , that protest of ours , produced another from the common council , of the th . current , to which something ought to be said , ( by the way , let the reader take notice of an error in the printing , and , for — not soon vote up the city , & e. read , soon vote up , &c. — ) the sum of that order is , but in effect , the iustification of the lord mayor , in the matter of prudence and integrity : we do not deny , but finding our selves abandoned to all sorts of outrages , by the cold proceedings of the court , in our behalf , we were transported to some bitter reflections : involving the present mayor , with his more criminal predecessor , ireton , in the imputation . we shall not more gladly find it a mistake , than readily confess it one , when we reap the effects of that care for the good of the city ; but so long as we are tyed up from all lawful defence , and the publique enemy at liberty to practise all unlawful violences upon us , we desire to be pardoned , if we suspend in the case . the cloze indeed is very noble , and worthy of the court , where they declare ; for the fundamental lawes , and the protestant religion , &c. — and in fine , to endeavour the convening of a free parliament , in order thereunto . but in contradiction to this resolve , the committee of officers have yesterday published a paper , entituled , the agreement , &c. — — fairly telling us , that we are to be governed by people of their chusing , & by a model of their framing , without any regard had to the practice , and reason of the antient laws , or to the interest , and liberty of every freeborn englishman . this vsurpation is to be considered in its due place ; at present it concerns us , to hinder them from making the slavery of the city , their first step towards the subjection of the nation . the seasonable care of this , we do humbly , and earnestly recommend to the court of common council ; our hopes are , that we are now fallen into better hands , and if our magistrates will but command us , they have an hundred thousand lives in readiness to engage for them . if wee should be so unhappy , as to be still delayed ; wee doe however wash our hands of the consequences : and so god direct and deliver us . december . an act for continuing the commissioners for compounding. england and wales. parliament. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) an act for continuing the commissioners for compounding. england and wales. parliament. sheet ([ ] p.) printed by john field, printer to the parliament of england, london : . order to print dated: tuesday the twenty sixth of october, . signed: hen: scobell, cleric. parliamenti. with parliamentary seal at head of text. reproduction of the original in the british library. eng attachment and garnishment -- england -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no an act for continuing the commissioners for compounding. england and wales. parliament. a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion blazon or coat of arms incorporating the commonwealth flag ( - ) an act for continuing the commissioners for compounding . be it enacted by this present parliament , and by authority of the same , that the act , entituled , an act impowring several commissioners to put in execution all and every the powers and authorities heretofore given to the commissioners for compounding with delinquents , and for managing of all estates under sequestration , and to the committee for advance of money formerly sitting at haberdashers-hall ; and the commissioners in the said act named , and all and every the powers and authorities to the said commissioners in and by the said act given , and every clause , article and thing in the said act contained , be and is hereby continued , and shall stand , be and continue in full force , from the last day of october , one thousand six hundred fifty two , until the first day of november , one thousand six hundred fifty three . tuesday the twenty sixth of october , . ordered by the parliament , that this act be forthwith printed and published . hen : scobell , cleric . parliamenti . london , printed by john field , printer to the parliament of england . . to the kings most excellent majestie the humble petition of the baronets, esquires, ministers, gentlemen, freeholders, and others peaceably affected in the county palatine of lancaster. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing t ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing t estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) to the kings most excellent majestie the humble petition of the baronets, esquires, ministers, gentlemen, freeholders, and others peaceably affected in the county palatine of lancaster. charles i, king of england, - . broadside. printed for n. alen, london : . includes: "at the court at yorke the th of may , his majestie hath expressly commanded me to give you this his answer to your petition", signed: edward nichols. reproduction of original in the harvard university library. eng lancashire (england) -- politics and government. lancashire (england) -- history. great britain -- politics and government -- - . a r (wing t ). civilwar no to the kings most excellent majestie the humble petition of the baronets, esquires, ministers, gentlemen, freeholders, and others peaceably [no entry] a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - spi global rekeyed and resubmitted - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion to the kings most excellent majestie : the humble petition of the baronets , esquires , ministers , gentlemen , freeholders , and others peaceably affected in the county palatine of lancaster . shewing to your sacred majestie ovr heart-breaking sense and sorrow for the unhappy rents and distractions in your majesties dominions , especially in the sesion of so grave and godly an assembly , ( most gratiously convened by your majestie ) endeavouring the glory of almighty god in the reformation of religion , and the honour and weale of your majestie , and your realms , in setling and securing your royall throne in plenty and peace . but perceiving the long and remote distance of your majestie from that honourable assembly , to have distracted the hearts of your good subjects , and animated the popish and malignant party amongst us , and fearing it may expose us to the danger and fury of a forraigne foe , retard the setling of the weighty affaires in our land , and the subduing of the rebels in ireland ; and finding your majesties late resolution for that expedition , to threaten danger to your royall person , farre more worth then ten thousand of us . we therefore your majesties most loyall subjects out of our zeale to gods true religion , your majesties honour and safety , and the peace and welfare of your dominions ; and out of the deepe sence and apprehension of our interest in the same , doe in all humility present and prostrate our selves , and supplication at your royall feet , beseeching your majestie to returne to your great councell ( the representative body of your kingdome ) in whom this nation hath so farre confided , that they have intrusted them with their lives , liberties ; and in which multitude of counsellours there is health and stedfastnesse , and whereby the royall throne may be established in righteousnesse , and we with the rest of your faithfull subjects shall continually prayse and pray for your prosperous and happy raigne over us . at the court yorke the th . of may , . his majestie hath expresly commanded me to give you this his answer to your petition . that this petition as some others of this nature is grounded upon misinformation , and being grieved and highly offended to see how his good people have been and are abused by the false rumours and intelligences , which have procured causlesse feares and apprehensions , referres the petitioners to the answers he hath given to the declaration presented to him at newmarket , and to the petition presented to him the six and twentieth of march , last at yorke ; wherein his majesty faith you will clearly perceive that he is not gone but driven from his parliament : his majesty likewise for your further information of his proceedings and intentions , recommends to your view and consideration his two messages , and declaration concernig hull , and his message touching the reasons of his refusall to grant the militia , all which when they shall be fully represented to the rest of your county , he doubts not , but that you will rest very well satisfied of his consent and resolution for the maintaining of , and governing his people by the law of the land , his unmoveable resolution for the maintenance and defence of the true protestant profession , and the suppression of the barbarous irish rebellion , and his majesty faith , that he beleeves you may then finde reason to petition the parliament to comply with his majesties just desires and gratious offers , which is the onely way safely and speedily to cure the present distractions of this kingdom , and with gods blesssing to put a happy end to the irish rebellion : for the effecting whereof , as his maejsty hath often said , he will neither spare paines , nor decline any hazard of his person or fortune . edward nichols . london , printed for n. alen . may . . the trve informer who in the following discovrse or colloqvie discovereth unto the vvorld the chiefe causes of the sa[]d distempers in great britanny and ireland / deduced from their originals ; and also a letter writ by serjeant-major kirle to a friend at vvinsor. howell, james, ?- . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing h a). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing h a estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the trve informer who in the following discovrse or colloqvie discovereth unto the vvorld the chiefe causes of the sa[]d distempers in great britanny and ireland / deduced from their originals ; and also a letter writ by serjeant-major kirle to a friend at vvinsor. howell, james, ?- . kirle, robert. p. [s.n], [london] printed : mdcxliii [ ] attributed by wing, nuc pre- to howell. letter signed: r.k. reproduction of original in the harvard university library. eng great britain -- politics and government -- - . ireland -- politics and government -- th century. a r (wing h a). civilwar no the trve informer, who in the following discovrse, or colloqvie, discovereth unto the vvorld the chiefe causes of the sa[]d distempers in gr howell, james b the rate of defects per , words puts this text in the b category of texts with fewer than defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - jonathan blaney sampled and proofread - jonathan blaney text and markup reviewed and edited - pfs batch review (qc) and xml conversion the trve informer , who in the following discovrse , or colloqvie , discovereth unto the world the chiefe causes of the sad distempers in great brittany and ireland , deduced from their originals . magna est veritas , & prevalebit . and also , a letter writ by serjeant-major kirle , to a friend at vvinsor . printed in the yeare , m. dc . xliii . an interlocutory discourse betwixt patricius and peregrin , touching the distractions of the times , with the causes of them . patricius . gentle sir , you are well met , and welcome to england , i am heartily glad of your safe arrivall , hoping now to apprehend some happy opportunity whereby i may requite part of those worthy favours i received from you in divers places t'other side of the sea . peregrin . sir , i am as joyfull to see you , as any friend i have upon the earth ; but touching favours , they deserve not such an acknowledgment , i must confesse my selfe to be far in the arreare to you , therefore you teach me what to speake in that point : but amongst other offices of friendship you have beene pleased to do me from time to time , i give you many thanks for the faithfull correspondence you have held with me since the time of our separation by intercourse of letters , the best sort of fuell to warme affection and to keep life in that noble vertue friendship , which they say abroad , is in danger to perish under this cold insulary clime for want of practise . patr. truely , sir , you should have had an account of matters hence more amply and frequently , but that of late it hath beene usuall , and allowed by authority , to intercept and breake open any letters ; but private men need not complaine so much , since the dispatches of ambassadors , whose packets should be held as sacred as their persons , have beene commonly open'd , besides some outrages offered their houses and servants ; nay , since their majesties letters under the cabine signet have beene broke up , and other counterfeit ones printed and published in their names . pereg. indeed i must confesse , the report hereof hath kept a great noyse abroad ; and england hath suffered much in point of nationall repute in this particular ; for even among barbarians it is held a kinde of sacriledge to open letters ; nay , it is held a baser kind of burglary , than to breake into a house , chamber , or closet : for this is a plundring of outward things only , but hee who breaks open ones letters , which are the idea's of the minde , may bee said to rip up his brest , to plunder and rifle his very braine , and rob him of his most precious and secretest thoughts . patr. well , let us leave this dista stefull subject ; when these fatall commotions cease , this custome , i hope , will be abhorred in england : but now , that you are newly arrived , and so happily met , i pray bee pleased to make me partaker of some forraigne newes , and how the squares goe betwixt france and spaine , those two great wheeles , that draw after their motion ( some more , some lesse ) all the rest of the westerne world : and when you have done , i will give you account of the state of things in england . pereg. i thought you had so abounded with domestick newes , that you had had no list or leisure to heare any forraigne ; but to obey your commands , you know that i have beene any time this six yeares a wanderer up and downe the world ; and truly i could not set foot on any christian shore that was in a perfect condition of peace , but it was engag'd either in a direct , auxiliary , or collaterall warre , or standing upon its guard in continuall apprehensions and alarmes of feare : for , since that last flaming usher of gods vengeance , that direfull comet of the yeare . appear'd in the heavens , some malignant and angry ill-aspected star hath had the predominance ever since , and by its malignant influxes , made strange unusuall impressions upon the humours of subjects , by inciting them to such insurrections , revolts , and tumults ; which caused a jewish rabbi to say lately , that it seemes the grand turke thrives extraordinarily in his devotions , it being one of his prime prayers to mahomet , that he should prevaile with god almighty to continue dissentions still among christian princes . and truly as the case stands , one may say , that the christian world is all in pieces ; you know well with what fearefull fits of a high burning feaver poore germany hath beene long shaken , which hath wrought a lethargie in some of her members , by wasting of the vitall spirits , which should diffuse themselves equally through that great body ; and how she still fostereth a cold northerne guest within her bosome , and is 〈◊〉 annuall feare of a worse from the levant : in the netherlands one shal● heare the half-sterved souldier murmure in every corner , and railing ●gainst his king , and ready to mutiny for want of pay . in france you shall see the poore asinine peasant half weary of his life , his face being so pitifully ground , ever and anon with new taxes . you know there are two soveraigne princes , who have a long time wandred up and downe in exile , being outed out of their own antient patrimoniall territories , and little hope yet god wot , of restoring them . the world knowes how savoy is become of late a kinde of province to france . nay , spaine , who hath beene so dexterous to put her neighbours together by the eares , and to foment warre a farre off , to keepe her owne home secure , is now her selfe in the midst of two fearefull fires , kindled on both sides of her by quite-revolted subjects , the portugues and catalan , and is so puzzled , she cannot tell what saint to pray unto . the venetian also , with the pope , and all the princes of italy are arming apace ; the hollander only , salamander-like , thrives in these flames ; and as i have heard of some , that by a long habituall custome , could feed on poyson , and turne it to nourishment , so hanse alone growes fat by these wars . and being weary of eating my bread in such a distracted world abroad , and hopeing to take some sweet repose in england , i finde that she is in as bad a case , if not worse , than any other . so much newes i give you in a lump , i will be more particular with you some other time , if you please to spare me now . patr. i heare , not without much resentment , these pithy expressions you have been pleased to make of the torn estate of europe abroad , and since you mention that blazing star , i remember what a noble knight told me some yeares agoe , that the astronomers , who lay sentinel to watch the motion and aspect of that comet , observed , that haveing pointed at divers climats , at last it seem'd to looke directly to these north-west islands , in which posture it spent it selfe , and so extinguished ; as if thereby it meant to tell the world , that these islands should be the stage whereupon the last act of the tragedie should be plai'd . and how many scenes have passed already , both here and in ireland , we know , god wot , by too too wofull experience . pereg. there is a saying , when your neighbours house is on fire , by its light you may see in what danger your owne stands . and was england so blinde , as not to take warning by so many fearful combustions abroad : when i took my leave last of her , i left her in such a compleat condition of happinesse , both in court , countrey , citie and sea , that she was the envie of all europe , in so much , that that golden verse might be fitly applied to her then golden times : mollia securae peragebant otia gentes . the court was never so glorious , being hansell'd every yeer almost with a new royall off-spring ; the gentrie no where more gallant and sportfull ; the citizen never more gorgeous and rich , and so abounding with treasure , bullion and buildings , that no age can parallel ; commerce inward and outward was never at that height ; the customes increasing every yeer to admiration ; the narrow seas were never guarded with braver ships , nor the navie royall for number of vessels and magazines of all sorts of materials was ever so well replenished ; the universities had never such golden dayes ; and lastly , the church did so flourish , that amongst the rest of the reformed churches of christendom , i have heard her call'd the church triumphant . besides , ireland was arriv'd almost to the same degree of prosperitie , for all the arrerages of the crown were paid , and not a peny sent hence for many yeers to maintain the standing armie there , or for any other publique charge , as formerly ; traffique came to that monstrous height , that in few yeeres the crown-customes came to be five times higher . in fine , ireland was brought not onely to subsist of her selfe , but inabled to contribute towards the filling of the english exchequer , and to make some retribution of those vast expences the crown of england hath been at any time these yeers , to reduce her to civilitie ; her bogs were almost all dri'd up , and made good land , her mudwals turn'd apace to bricke in divers places ; so that one sommer that i fortun'd to be there , above . new bricke-houses were built in one town . but it hath been the fate of that island to be oftentimes neer a condition of a setled happinesse , and yet to have some odde accident still intervene to crosse it . in conclusion , there wanted nothing to make england and her united crownes so exactly blessed , that she might have assumed the title of one of the fortunate islands . good lord , how comes it to passe , that she is now fallen into such horrid distempers , and like a distracted bodie , laying hands upon her selfe , would thrust the sword of civill war into her own bowels ? i beseech you , sir , impart unto me the true cause of this change ; for i know none so capable to do it as your selfe . patr. infandum peregrine , jubes renovare dolorem . first , sir , in the generall you know , that it is with the regions upon earth , as it is with those of the ayre● sometimes we have a clear azur'd skie , with soft gentle ventilations , and a sweet serenitie throughout the whole hemisphete ; at other times we know the face of the heavens is overcast with frownes , with frog vapours , and thicke cloudes of various shapes , which look like monsters , hovering up and down , and break at last into thunder and fulgurations , and so disquiet and raise a kinde of war in the aereal common wealth . just so in the regions that are dispers'd up and down this earthly globe , & peopled with men ( which are but a composition of the elements ) you have sometimes a gentle calme of peace and quietude , with a generall tranquillitie all the countrey over ; at other times you have ugly mishapen cloudes of jealousies , feares and discontentments do rise up , which break out at last into acts of disobedience , rebellion , and furie . and as those aereall meteors and monsters above are ingendered of those watery fogges and mists which are drawn up out of fenny and rotten low grounds here upon earth ; so in the region of the minde , the ill vapours which ascend to the brain from rotten and impostumated hearts , from desperate and male-contented humorists are the causes of all civill commotions and distempers in state . but they have much to answer for in the world to come ( though they escape it in this ) who for any private interest or respect whatsoever , either of promotion , vain glorie , revenge , malice , or envie , will embroyle and plunge their own native countrey in any publike ingagement or civill war , by putting a partition-wall betwixt their soveraigne prince and their fellow subjects . truly , in mine opinion , these may be called the worst kinde of betrayers of their countries : but i am too farre transported from satisfying your request in relating the true causes of these calamities : i will now fall to worke , and bring you to the very source of them . there is a packe of perverse people ( composed for the most part of the scummy and simplest sort ) multiplied in england , who by a kinde of naturall inclination , are opposite so point blanke to monarchie in state , and hierarchie in church , that if they were in heaven ( whither 't is to be feared they run a great hazard ever to enter , it being a rule , that he who is rotten hearted to his king , can never be right hearted to his creatour ) i say , if these men were in heaven , they would go near to repine at the monarchicall power of god almighty himselfe , and at the degrees of angels , and the postures of holinesse in the church triumphant . they call every crotchet of the brain , tendernesse of conscience : which being well examined , is nothing else but a meer spirit of contradiction and disobedience ( to all higher powers ) which posseseth them . there are no constitutions either ecclesiasticall or civill can please them , but they could cast both into such a mould , which their crack'd braines would fain devise , yet are never able to bring to any perfection ; they are ever labouring to bring religion to the dock , to be new trimm'd , but they would take down her fore-caste , and scarce allow her the kings armes to adorn her ; they are great listners after any court newes , and pricke up their eares when any thing is spoken of king , queen , or privie counsellour , and are alwayes ready though upon loose trust , to take up any report whereby they may whisper in conventicles and corners , and so traduce the government . these great zealots use to look upon themselves most cōmonly through multiplying glasses , which make them appear to be such huge santons , that it renders them not onely uncharitable in their opinions of others , but lucifcrian-like proud in their own conceit , insomuch that they seem to scorne all the world besides , believing that they are the onely elect , whose soules worke according to the motion of the spirit ; that they are the children of promise , whose faces alone look towards heaven ; they are more pleased with some new reach or fancie , ( that may puzzle the pericranium ) than a frenchman is with some new fashion in cloathing ; they are nearest to the nature of the jew of any people upon earth , and will converse with him sooner than with some sort of christians ; and as in the pharisaicall disposition they symbolise with the jew , so in some of their positions they jumpe pat with the iesuit ; for though they are both in the extremes , and as contrary one to the other as the scales of a diameter , yet their opinions and practices are concentrique to depresse regall power ; both of them would binde their kings in chaines , and the nobles in linkes of iron ; they both deny all passive obedience , and as the one would have the morter of the temple tempered with bloud , so the other would beat religion into the brain with the pole-axe . their greatest master-piece of policie is to forge counterfeit newes , and to divulge and disperse it as farre as they can , to amuse the world , for the advancement of their designes , and strengthening of their partie : but the iesuit doth it more cunningly and modestly , for he fetcheth his newes from farre , so that before the falshood of it can be controll'd , his worke is commonly done , and the newes forgotten ; but these later polititians use to raise lyes hard by home , so that the grosnesse and palpablenesse of them is presently discovered . besides , to avoid the extremes of the other , these later seem fall into flat prophanenesse , for they may be called a kinde of enemies to the very name , crosse , and church of christ . touching the first , they repine at any reverence to be done unto it , though spontaneous , not coercive . for the second , which was held from the beginning to be the badge and banner of a christian , they crie it up to be the marke of the beast ; and for the last , they would have it to be neither beautifull , holy , nor amiable , which are the three main properties which god requires in his house . to conclude , when any comes to be season'd with this sower leaven , he seemes to degenerate presently from the nature and garbe of a gentleman , and fals to be of a sordid and low disposition , narrow hearted , and close handed ; to be timorous , cunning and jealous , and farre from the common freedom , and sweetnesse of morall societie , and from all generous and loyall thoughts towards his king and countrey . these , these have been the chiefest machinators , and engineers of these unhappy divisions , who viper like have torne the entrailes of their own mother , their dear countrey ; but there were other externe concurrent causes , and to finde them out , i must look northward , for there the cloud began to condense first ; you know sir , the scotish nation were ever used to have their king personally resident amongst them ; and though his late majestie by reason of his age , bountie , and long breeding there , with other advantages , drew such extraordinary respect from them , that they continued in good conformitie ; yet since his death , they have been overheard to mutter at the remotenesse and absence of their king , and that they should become now a kinde of province by reason of such a distance : some of their nobles and gentrie found not at the english court , nor at his majesties coronation in edenburgh that countenance , familiaritie , benefit , and honours , which haply they expected , and 't is well known who he was , that having been denied to be lorded , took a pet , and went discontented to his countrey , hoping that some title added to the wealth he had got abroad , should have purchased him more respect . these discontented parties tamper'd with the mercenary preachers up and down scotland , to obtrude to the people what doctrines they put into their mouthes , so that the pulpits every where rung of nothing but of invectives against certain obliquities and soloecismes ( and i cannot tell what ) in government , and many glances they had upon the english church ; yet all this while there was not matter enough for an insurrection , nor to dispose the peoples hearts to a mutinie , untill by the policie ( as some affirmed ) of the said discontented partie , the english lyturgie was sent thither : this by the incitement of those fiery pulpiteers , was cried up to be the greatest idoll that possibly could be brought into their kirk , insomuch that when it was first offer'd to be read , the women and baser sort of mechanickes threw stooles and stones at the bishops heads , and were ready to tear them in pieces : and here began the storme . his majestie having notice hereof , sent a most gracious proclamation , signifying , that whereas he had recommended that book to be practic'd amongst them , wherein he himselfe served god almightie twice a day , he did it out of a pious endeavour to breed an uniformitie of publike divine service in all his dominions , specially in that his native kingdom . but since it had produced such dangerous effects , he was contented to revoke it absolutely ; for it was never his purpose to presse the practise of the said book upon the consciences of any , he did onely commend , not absolutely command the use of it : therefore he exhorted and required that every one unto whom it had given any scandall , should returne to his pristine obedience , and serve god as formerly , offering here with a gracious pardon , and to passe an act of amnestia for an abolition of all faults passed . peregr . and would not this suffice ? in naturall motions we finde that the cause being taken away , the effect ceaseth , and will not this hold in civill actions ? patr. no , this would not serve the turne , but there was a further reach in it , and for an inch to take an ell : you know , the scots since their single lion came to quarter with our three , are much elevated in their spirits , more respected , employed and trusted abroad , and heightened in their resolutions and aimes , and will questionlesse be dayly more and more . you have heard of a mine that reach'd from our exchecquer to edenburgh . and i beleive you have not forgot boccolinies balance , that was shewed us in italie , wherein lorenzo de medici weighed all the states of christendom , and throwing in england amongst the rest , you know how much he made her to weigh lesse by this addition . the former proclamation i say , and pardon would not suffice , but they took opportunitie to fish in those troubled waters , and vent their spleen further , by an utter extirpation of episcopacie , and by trampling the mitre under their feet , hoping to have some of the birds plumes , being pluckt , to feather their own nests ; and they brought their worke about . good lord , what a deal of dirt was presently thrown into the bishops faces by every rurall petty clerke ! what infamous ballads were sung , what a thicke cloud of epidemicall hatred hung suddenly over them , so farre , that a dog with blacke and white spots was called a bishop amongst them up and down the streets . the chiefest contrivers of this uproar , finding their designe to go on so well , and perceiving the whole countrey so eagerly bent against bishops , ( and what artifices and suggestions were us'd to render them so odious is incredible ) but finding withall his majestic unwilling to alter the government his father ( of so fresh and famous memorie ) had left him , and to which he had been sworne at his coronation , they put themselves in armes , and rais'd forces to beat down the mitre , with the sword , if the scepter would not do it . to the frontiers they came with a great armie , ( not halfe so great as was bruited ) pretending they came as petitioners ( though they brought their petition upon their pikes point . ) some of the great ones about the king grew cold in the action : and what a pacification was then shuffled up , and how a parliament was called thereupon in scotland , with other passages , is a fitter subject for a storie than a discourse . peregr . i could have wish'd two things , that either his majestie had given them battail then , having the flower of his nobilitie and gentrie with him , who i understood came with all chearfulnesse and promptitude to attend him , or else that after the said pacification , his majestie had shaken off all jealousies , and with a royall freedom and a commanding confidence gone amongst them to hansell their new parliament house at edenburgh ; for it is probable , it had averted those showers and cataracts of miseries which have fallen upon us since : but i pray sir , proceed . patr. as they say , there is no winde but blowes some bodie good , so it was thought , this northerne cloud did england some advantage , for a parliament was summon'd hereupon ; a parliament do i call it ? it was rather an embryo of a parliament , an ephemeran of dayes . in this sitting his majestie declared unto both houses the indignities he had received by his scotch subjects , and therefore purpos'd a supply to be made of subsidies to suppresse that rebellion ; and in lieu thereof he was willing to forbear and utterly abolish the ship money , which he had reason to thinke legall at first , being advised thereunto by noy his attourney generall , who had such a mighty repute in the law ; yet he would not rest there , but he advised further with his learned councell , who concurred in opinion with noy ; nor would he rest there also , but he had the approbation of all the iudges singly , and afterwards the major part of all the twelve , joyntly upon a demurre . this was enough to induce his conscience to hold it legall all this while ; it was clearly proved that the monies levied this way , were employed to no other but the intended service , the guarding of the narrow seas ; and not onely for that , but to preserve his right of dominion in them , being the fairest flower of his crown , which was not onely discoursed of abroad , but began to be questioned : and touching danger , how could england be but in apparent dangers ? considering how all her next neighbours were in actuall hostilitie , which made huge fleets of men of war , both french , dunkerkers , hamburgers and hollanders to sail ever and anon in her channels , and hard before her royall chambers : nor came there one penny of that publike contribution to his private coffers , but he added much of his own demeanes for the maintenance of a royall fleet every sommer : yet he was ready to passe any bill for the utter abolishing of the said ship money , and for redressing of any other grievances , provided they would enable him to suppresse this scots rebellion : some say the house was inclinable to comply with his majesties demands , but ( as the ill spirit would have it ) that parliament was suddenly broke up , and i would that they who gave that counsell had been in arabia , or beyond the line , in their way to madagascar , who neverthelesse have got to be in high request with this present parliament . his majestie being reduced to these streights , and resenting still the insolence of the scot , proposed the businesse to his privie councell , who suddenly made up a considerable and most noble sum for his present supply , whereunto divers of his domesticke servants and officers did contribute . amongst others who were active herein , the earle of strafford bestirr'd himselfe notably , and having got a parliament to be called in ireland , he went over , and with incredible celeritie raised men , who procured money of the parliament to maintain them , and got over those angry seas again in the compasse of lesse than six weekes . you may infer hence to what an exact uncontrollable obedience he had reduced that kingdom , as to bring about so great a worke with such a suddennesse and facilitie . an armie was also raised here , which marched to the north , and there fed upon the kings pay a whole sommer . the scot was not idle all this while ; but having punctuall intelligence of every thing that passed at court , as farre as what was debated in the cabinet counsell , and spoken in the bed-chamber , ( and herein amongst many others , he had infinite advantage of us ) he armed also , and preferring to make england the stage of the war , rather than his own countrey , and to invade rather than to be invaded , he got over the tweed , and found the passage open , and as it were made for him all the way till he came to the tine , and though there was a considerable armie of horse and foot at newcastle , yet they never offered so much as to face him all the while . at newburgh indeed there was a small skirmish ; but the english foot would not fight , so newcastle gates flew open to the scot without any resistance at all , where it is thought he had more friends than foes , and who were their friends for this invasion , i hope time , and the tribunall of justice will one day discover . his majestie being then at yorke , summoned all his nobles to appear , to advise with them in this exigence : commissioners were appointed on both sides , who met at rippon , and how the hearts and courage of some of the english barons did boil within them , to be brought to so disadvantageous a treatie with the scot , you may well imagine . so the treatie began , which the scot would not conforme himselfe unto , unlesse he were made first rectus in curia , and the proclamation wherein he was declared traitour , revoked ; alleadging it would be dishonourable for his majestie to treat with rebels . this treatie was ad●ourned to london , where this present parliament was summoned ( which was one of the chiefest errands of the scot , as some thinke , and thus farre by these sad and short degrees , have i faithfully led you along to know the true originals of our calamities . peregr . truly sir , i must tell you , that to my knowledge these unhappy traverses with scotland , have made the english suffer abroad very much in point of nationall honour ; therefore i wonder much that all this while there is none set a worke to make a solid apologie for england in some communicable language , ( either in french or latin ) to rectifie the world into the truth of the thing , and to vindicate her , how she was bought and sold in this expedition , considering what a partie the scot had here , and how his comming in , was rather an invitation than an invasion , and i believe if it had been in many parts of the world besides , some of the commanders had gone to the pot . patr. it is the practise of some states i know , to make sacrifice of some eminent minister , for publike mistakes : but to follow the thred of of my discourse . the parliament being sate , his majestie told them , that he was resolved to cast himselfe wholly upon the affection and fidelitie of his people , whereof they were the representative bodie ; therefore he wished them to go roundly on to close up the ruptures that were made by this unfortunate war , and that the two armies , one domestique , the other forreigne , which were gnawing the very bowels of the kingdom , might be dismissed . touching grievances of any kinde ( and what state was there ever so pure , but some corruption might creep into it ? ) he was very ready to redresse them : concerning the ship-money , he was willing to passe a bill for the utter abolition of it , and to establish the propertie of the subject ; therefore he wished them not to spend too much time about that . and for monopolies , he desired to have a list of them , and he would damne them all in one proclamation : touching ill counsellours , either in westminster hall , or white hall , either in church or state , he was resolved to protect none , therefore he wished that all jealousies and mis-understandings might vanish : this , with sundry other straines of princely grace he delivered unto them , but withall he told them , that they should be very cautious how they shook the frame of government too farre , in regard it was like a watch , which being put asunder , can never be made up again , if the least pin be left out . so there were great hopes of a calme , after that cold northerne storme , and that we should be suddenly rid of the scot , but that was least intended , untill some designes were brought about . the earle of strafford , the archbishop of canterbury , the iudges , and divers monopolists are clapt up , and you know who took a timely flight to the other side of the sea : and in lieu of these , the bishop of lineolne is enlarged , bastwick , burton , and prynne are brought into london , with a kinde of hosanna . his majestie gave way to all this , and to comply further with them , he took as it were into his bosome , i mean , he admitted to his privie counsell those parliament lords , who were held the greatest zelots amongst them , that they might be witnesses of his secretest actions ; and to one of them he gave one of the considerablest offices of the kingdom , by the resignation of another most deserving lord , upon whom they could never fasten misdemeanour ; yet this great new officer will come neither to the same oratorie , chappell , or church , to joyne in prayer with his royall master , nor communicate with him in any publike exercise of devotion ; and may not this be called a true recusancie ? to another he gave one of the prime and most reposefull offices about his own person at court , and thereby he might be said to have given a staffe to beat himselfe . moreover , partly to give his subjects an evidence how firmely he was rooted in his religion , and how much he desired the strengthening of it abroad ; the treatie of marriage went on 'twixt his eldest daughter and the young prince of orange . hereunto may be added as a speciall argument of compliance and grace , the passing of the bill for a trienniall parliament ; and lastly , ( which is the greatest evidence that possibly can be imagined , of that reall trust and confidence he reposed in them ) he passed the act of continuance . peregr . touching the trienniall parliament , there come some wholesome fruit out of it , for it will keep all officers in awe , and excite the nobilitie , and young gentrie of the kingdom to studie , and understand the government of the land , and be able to sit and serve their countrey in this great senate ; but for this act of continuance , i understand it not ; parliaments are good physicke , but ill meat ; they say abroad that england is turned hereby from a monarchie to a democracie , to a perpetuall kinde of dictatorship ; and whereas in former times there was an heptarchie of seven kings in her , they say now she hath seventy times seven . but in lieu of these unparallell'd acts of grace and trust to the parliament , what did the parliament for the king all this while ? patr. they promised , specially upon the passing of the last act , that they would make him the most glorious , the best beloved , and richest king that ever reigned in england : and this they did with deep protestings and asseverations . but there intervened an ill favoured accident which did much hurt , viz. a discourse ( for truly i thinke it was no more ) which some green heads held to bring up the northerne armie , to checke the puritan partie , and the rabble of the citie : this kept a mighty noise , and you know who fled upon it , and much use was made of it to make that cloud of jealousie which was but of the breadth of an hand before , to appear as big as a mountain . yet his maiestie continued still in passing acts of grace , and complying with them in every thing . he put over unto them the earle of strafford , who after a long costly triall ( wherein he carried himselfe with as much acutenesse , dexteritie , and eloquence , as humane brain could be capable of for his defence ) he was condemned to the scaffold , and so made a sacrifice to the scot , who stayed chiefly for his head , which besides those vast summes of money , was given him to boot . peregr . touching the earle of strafford , 't is true he was full of abilitie , elocution , and confidence , and understood the lawes of england as well as any , yet there were two things , i heard , wherein his wisdom was questioned ; first , that having a charge readie against his chiefest accusers , yet he suffered them to have the prioritie of sute , which if he had got , he had thereby made them parties , and so incapable to be produced against him . secondly , that during the time of his triall , he applied not himselfe with that compliance to his iury as well as to his iudges , for he was observed to comply onely with the lords , and not with the house of commons . patr. howsoever , as some say , his death was resolved upon , ( si non per viam iustitiae , saltem per viam expedientiae ) which appeares in regard the proceedings against him are by a clause in the act not to be produced for a leading case or example to future ages and inferiour courts . i blush to tell you how much the rabble of the citie thirsted after his bloud , how they were suffer'd to strut up and down the streets before the royall court , and the parliament it selfe , with impunitie ; they cried out , that if the common law fail'd , club law should knocke him down , and their insolencie came to that height , that the names of those lords that would not doom him to death , should be given them to fix upon posts up and down ; and this was the first tumult that happened this parliament , whereof so many followed after their example , being not onely conniv'd at , but backed by authoritie , for there were prohibitions sent from the parliament , to hinder all processe against some of them . these myrmidons , as they termed themselves , were ready at a watch-word , so that one might say there was a kinde of discipline in disorder . peregr . were there any troubled for delivering their votes in the houses ? i thought that freedom of opinion and speech , were one of the prime priviledges of that great nationall senate . patr. yes , those that were the minions of the house before became now the subjects of popular malice and distraction , because against the dictamen of their consciences , they would not vote the earle of strafford to death , and renounce their owne judgements , and captivate it to the sense of others , yet they stood firme to their first grounds , that hee was a delinquent in a high nature , and incapable ever to beare o ffice in any of his majesties dominions . per. i perceive sir by your speeches , that one of the chiefest causes of these combustions may be imputed to the citie of london , which may be called the metropolis of all these evils , and i little wonder at it , for it hath beene alwayes incident to all great townes , when they grow rich and populous , to fall into acts of insolence , and to spurne at government ; where so many pots ( so many braines ) are a boyling , there must needs be a great deale of froth , but let her looke to her self , for majestie hath long armes , and may reach her at last . but the truth is , that london beares no proportion with the size of this island , for either one should be larger , or the other lesse : london may be well compared to the liver of a cramm'd italian goose , whose fatning emacerates the rest of the whole body , and makes it grow leane and languish , and she may well be termed a goose now more than ever , for her feathers are pluck'd apace ; but now that you have done with the earle of strafford , what is become of all the rest who were committed ? pat. they are still in durance , and have continued so these two yeares and upward , yet are not proceeded against , nor brought to their answer to this very day , though al thecourts of justice have been open ever since . many hundreds more of the best sort of subjects have beene suddenly clapt up , and no cause at all mentioned in many of their commitments , and new prisons made of purpose for them , where they may be said to be buried alive , and so forgotten , as if there were no such men in the world : and how this can stand with magna charta , with the petition of right ( to vindicate which , there was so much paines taken the last parliament ) let any man of a sane judgement determine , yet one of the judges , who hath an empeachment of high treason still lying dormant against him , though he be not rectus in curia himselfe , is suffered to sit as judge upon the highest tribunall of england , whereas another for a pretended misdemeanour onely is barr'd from sitting there . others who were at first cryed up and branded to be the most infamous projectors and monopoliz●s of the land , are not only got loose , but crept into favour , and made use of . per. hath the house of commons power to commit any but their owne members without conference with the lords ? or hath any order or ordinance of one of the houses singly , or of both conjunctly , to enjoyne a virtuall binding power of generall obedience without the royall consent . pat. the power of parliament , when king , peeres and commons , which is the whole kingdome digested into one volume , is indefinite ; but what either of both houses can do of themselves singly , or joyntly , without the king who is the life of the law , i dare not determine : especially when a visible faction reignes amongst them . — tantas componere lites nonopis est nostroe — but for mine owne opinion , i think it is as impossible for them to make a law without the king , as it was for paracelsas to make a man without coition , either for abolishment of old , or establishment of new lawes . the results of parliament without the royall consent , are as matches without fire ; and it is an incontroulable principle , that the old law must be our guide , till new be made , nor is any act of the subject justifiable , but what is warrantable by the old . but to proceed in the true discovery of these domestick scistures , my lord of strafford being gone , we hop'd faire weather would follow , ( he who was the cause of the tempest , being throwne over-boord ) but unluckie mists of jealousie grew thicker and thicker ; yet the scots were dismist , having had fidlers fare , meat , drinke , and money , for eleven long moneths together . so his majestie went to scotland , where the parliment there , did but aske and have any thing , though it be the unquestionable prerogative of majestie to grant or denie petitions , and to satisfie his conscience before any councell . but during his sojourne there , this formidable hideous rebellion broke out in ireland , which though it may be said to be but an old play newly reviv'd , yet the scene was never so tragicall and bloody as now : for the barbarismes that have been committed there have been fo sanguinarie , and monstrously salvage , that i thinke posterity will hold them hyperbolicall . the irish themselves affirm there concurr'd causes to kindle this fire . one was the taking off straffords head , ( who aw'd them more then any deputy ever did ) and that one of his accusations should be to have used the papists there too favourably . secondly , the rigorous proceedings and intended courses against the papists here in england . lastly , the stopping of that regiment of irish , who was promised by his majesties royall word and letter to the king of spaine , who relying upon that imployment , rather than to beg , steale , or sterve , turned rebels : and that which hath aggravated the rebellion all this while , and heightned much the spirit of the irish , is the introduction of the scot , whom they hate in perfection above all people els , and the designe spoken of in our parliament , to make an absolute conquest , and nationall eradication of them , which hath made them to make vertue of necessity , and to be valiant against their wills . per. indeed i heard that act of staying the irish regiment , considering how the marquesses de valada , and malvezzi , and don alonso de cardenas , who were all three ambassadours here for the king of spaine at that time , having by relyance upon the sacred word and letter of a king , imprested money , and provided shipping for their transport , and been at above . crowns charges , i say this act was very much censured abroad , to the dishonor of his majesty , and our reproch . patr. i am very sorry to heare it . well sir . his majesty by his presence having setled scotland , was at his returne to london received with much joy , and exultation , but though he was brought in with a hosanna at one end of the towne , he found a crucifige at the other : for at westminster there was a remonstrance fram'd , a worke of many weeks , and voted in the dead of night , when most of the moderate , and well-thoughted members were retired to their rest , wherein with as much industry and artifice as could be , the least moat in government was exposed to publike view , from the first day of his majesties inauguration to that very houre : which remonstrance as it did no good to the publike ; but fill peoples heads with doubts , and their hearts with gall and retard the procedure of all businesse besides , so you may wel think , it could expect but cold entertainment with his majesty , who hoped his great councell according to their often deep protestations , had done something for his welcome home , that might have made him the best beloved king that ever was amongst his people . per. 't is true , there is no government upon earth , made up of men , but is subject to corruption , there is no court of judicature so cleane , but some cobwebs may gather in it , unlesse an act of parliament could be made to free and exempt men from infirmities and errour ; it cannot be denyed , but scotland might have something to complaine of ( though i thinke least of any ) and so leapt first into the poole to bee cured ; and what she fish'd besides in those troubled waters 't is too well knowne . england also no doubt might have some grievances , which his majestie freely offered , not only to redresse for the present , but to free her of all feares for the future , from falling into relapses of that kinde ; but to redresse grievances by armes , by plunging the whole countrey into an intestine warre , this makes the remedy worse then the malady , it is as if one would goe about to cure a sick body by breaking his head , or let him blood by giving him a dash on the nose ; it is as mad a trick as his was who set the whol house a fire to roast his egs . but truly sir , in my opinion ; his majesty at his returne from scotland might have justly expected some acts of compliance and gratitude from his parliament , considering what unparalleld acts of grace he had passed before . pat. his majesty did not rest there , but complyed further with them by condeseending to an act for putting down the star-chamber-court , the high commission , the court of honour ; nay , he was contented his owne privie councell should be regulated , and his forrests bounded not according to ancient prerogative , but late custome ; nay further , he passed a bill for the unvoting , and utter exclusion of the spirituall lords from the parliament for ever , whereby it cannot be denyed , but by the casheering of twenty five votes at a clap , and by excluding the recusant lords besides ( who subsist most by his grace ) hee did not a little enervate his owne prerogative . adde hereunto that having placed two worthy gentlemen lieutenants of the tower , he removed them both one after another , and was content to put in one of their election : and lastly , he trusted them with his greatest strength of all , with his navie royall , and called home that knowing knight who had the guard of the narrow seas so many yeares . per. truly sir , i never remember to have heard or read of such notable acts of grace and confidence from any king : but would not all this suffice ? pat. no , but they demanded all the land souldiery and military strength of the kingdome to be disposed of by them , and to be put into what posture , and in what equipage , and under what commanders they pleas'd ; and this was the first thing his majesty ever denyed them , yet he would have granted them this also for a limited time , but that would not serve the turn ; hereupon his majestie grew a little sensible , how they inch'd every day more and more upon his royall prerogatives and intending to go to his town of hull to see his magazine , he was in an hostile manner kept out , canons mounted , pistols cockt , and leveld at him . but whether that knight did this out of his fidelitie to the parliament , or out of an apprehension of fear that some about the king , being mov'd with the barbarousnesse of the action would have pistol'd him , i will not determine . peregr . i have read of divers affronts of this kinde , that were offer'd to the french kings , rochel shut her gates more than once against henry the great , and for the king now regnant , they did not onely shut him out of many of his townes , but upon the gates of some of them , they writ in legible characters roy sans foy , ville sans peur , a faithlesse king , a fearlesse town . yet in the greatest heat of those warres , there was never any town refus'd to let in her king , provided he came attended onely with his own train , and besides other people abroad , i heard the scoi's nation did abhor that act at hull . but i pray sir go on . patr. his majestie being thus shut out of one town , he might justly suspect , that an attempt might be made to shut him in , in some other ; therefore he made a motion to the yorke shire gentlemen , to have a guard for the preservation of his person , which was done accordingly . but i am come too forward , i must go backe and tell you how the king was driven from westminster . when his majestie was returned from scotland , he retir'd to hampton court , whence upon the lord maior's and the cities humble sollicitation , he came backe to white-hall to keep his christmas . but when the bill against bishops was in agitation , which businesse lasted near upon weekes , a crue of bold sturdie mechanicks , and mariners , came from the citie and ruffled before white-hall , and westminster-hall , and would have violated the abbie of westminster , so that for many nights a court of guard was forced to be kept in the bodie of that church , ( the chiefest sanctuarie of the kingdom . ) moreover , his maiestie having impeached some of the members of both houses , of high treason , and being denied to have them delivered up , he went himselfe to the lower house to demand them , assuring the house they should have as fair and legall a triall as ever men had . but as it pleased god , they were not there , but retir'd to london for refuge ; the londoners grew starke wilde thereupon , and notice being sent to all the adjacent counties , this act of the kings ( though it wanted no precedents of former times ) was aggravated in the highest degree that possibly could be . hence you may easily inferre , what small security his majesty had at white-hall , and what indignities hee might have exposed himselfe unto , by that which had passed already from the rabble , who had vilified and cryed tush at his proclamations , and disgorg'd other rebellious speeches with impunity , therefore hee retired to hampton court ( as we read , our saviour withdrew himselfe once from the multitude ) thence to windsor castle , whence accompanying her majestie , with his eldest daughter to the sea side for holland , and having commanded the prince to attend him against his returne at greenwich , the prince had beene surpriz'd and brought to london , had not the king come a little before . thence he removed to yorke , where hee kept his court all the sommer . but to returne to london , the very next day after their majesties departure , the countrey about , especially bucking hamshire being incited by the citie and parliament , came in great swarmes , and joyning with the london mechanicks , they ruffled up and downe the streets , and kept such a racket , making the fearfullest riot that ever i believe was heard of in parliament time : so those members which formerly were fled into the citie , were brought to the house in a kinde of triumph , being garded by land and water in warlike manner by these champions : after this , sundry troopes of horse came from all the shires neare adjoyning to the parliament , and buckingham men were the first , who while they expressed their love to their knight , forgot their sworne oath to their king , and instead of feathers they carried a printed pretestation in their hats , as the londoners had done a little before upon the pikes point . per. this kept a foule noise beyond sea i remember , so that upon the rialto in venice , it was sung up and downe , that a midsommer moon ( though it was then midst of winter ) did raigne amongst the english , and you must thinke that it hath made the venetian to shrinke in his shoulders , and to looke but il favourably upon us , since wee 'l have none of his currans . but sir , i heard much of that protestation , i pray what was the substance of it , pat. it was penn'd , and injoyn'd by the parliament for every one to take , and it consisted of many parts , the first was , to maintaine the true protestant religion against all popish innovations , which word popish ( as some think ) was scrued in of purpose for a loop-hole to let in any other innovation ) the second was to maintaine the prerogative and honour of the king ; then the power and priviledge of parliaments ; and lastly , the propriety and liberty of the subject ; for the two first parts of this protestation , the people up and downe seemed to have uttrly forgotten them , and continue so still , as if their consciences had beene tyed only to the two last , and never was there a poore people so besotted , never was reason and common sense so baffled in any part of the world . and now will i goe to attend his majestie at yorke , where as i told you before , being loth to part with his sword , ( though he had half parted with his scepter before ) by denying the parliament an indefinite time to dispose of the militia , ( alleadging , that as the word , so the thing was new ) he sends forth his commissions of array according to the old law of england , which declares it to be the undoubted right , and royall signiory of the king , to arme or disarme any subject . the parliament sends out clean counter-mands for executing the said militia ; so by this clashing twixt the commission of array and the militia , the first flash of this odious unnaturall war may be said to break out . the pulse of the parliament beat's yet higher , they send an admirall to the sea , not onely without , but expresly against the kings speciall command . they had taken unto them a military gard from the citie for their protection , without his majesties consent , who by the advice of the lord keeper and others , had offered them a very strong gard of constables and other officers to attend them , which the laws usually allow ; yet the raising of that gard in yorkshire for the safegard of his majesties person , was interpreted to be levying of warre against the parliament , and so made a sufficient ground for them to raise an armie , to appoint a generall , with whom they made publike declarations to live and die . and they assumed power to conferre a new appellation of honour upon him , as if any could conferre honour but the king ! and this army was to be maintained out of the next contribution of all sorts of people ; so a great masse of money and plate , was brought into the guild-hall , the semstresse brought in her silver thimble , the chamber maid her bodkin , the cook his spoones , and the uintner his bowles , and every one something to the advancement of so good a worke , as to wage war directly against the sacred person of their soveraigne , and to put the whole countrey into a combustion . per. surely it is impossible that a rationall christian people should grow so simple and sottish , as to be so far transported , without some colourable cause , therefore i pray tell me what that might be ? patr. the cause is made specious enough , and varnished over wonderfull cunningly ; the people are made to believe they are in danger , and a prevention of that danger is promised , and by these plausible wayes the understanding is wrought upon , and an affection to the cause is usher'd in , by aggravation of this danger , as one would draw a thred through a needles eye : this huge bug-bear danger , was like a monster of many heads , the two chiefest were these , that there was a plot to let in the pope ; and to cast the civil government into a french frame ; it is incredible to thinke how the pulpits up and down london did ring of this , by brain-sicke lecturers , of whom some were come from new england , others were pick'd out of purpose , and sent for from their own flocke in the countrey , to possesse , or rather to poyson the hearts of the londoners , to puzzle their intellectuals , and to intoxicate their braines by their powerfull gifts ; it was punishable to preach of peace , or of caesars right , but the common subiect of the pulpit was either blasphemie against god , disobedience against the king , or incitements to sedition , good lord , what windy , frothy stuffe came from these fanaticke braines ! these phrenetici nebulones , ( for king james gives them no better character in his {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} ) who may be said to be mad out of too much ignorance ; who neverthelesse are come to that height of prophanenesse and pride , that they presume to father all their doctrines , all their non-sence raptures and ravings upon the holy spirit . nor did the pulpit onely helpe to kindle this fire , but the presse also did contribute much fewell ; what base scurrilous pamphlets were cried up and down the streets , and dispersed in the countrey ? what palpable and horrid lyes were daily printed ? how they multiplied in every corner in such plentie , that one might say there was a superfaetation of lyes , which continue unto this day ! one while the king of denmarke was comming over from the sound ; another while the king of france had an huge armie about calais design'd for england ; another while there was an armie of irish rebels comming over with the privitie of the king ; another while a plot was cried up and down to burne london ; another while there were subterranean invisible troopes mustered under ground in wales , and thousands of papists armed in lancashire , & divers reports of this nature were daily blown up , and though the authors of them were worthles & mean futilous persons , yet the reports themselves had that credit as to be entertain'd and canvas'd in the high court of parliament . but these false rumours produc'd one politicke effect ( and it was the end indeed for which they were dispers'd ) they did atemorize , and fill the peoples hearts with feares , and so dispose of them to uproares and to part with money . peregr . i know there be sundry sorts of feares ; there are conscientious feares , there are pannik feares , there are pusillanimous feares , and there are politck feares . the first sort of fear proceeds from guilt of conscience , which turnes often to phrensie . the second sort of fear may be call'd a kinde of chymera , 't is some sudden surprizall or consternation arising from an unexpected strange accident . pusillanimous fear makes a mountain of a molehill , and proceeds from povertie of spirit , and want of courage , and is a passion of abject and degenerous mindes , and may be call'd cowardise , and this fear is alwayes accompanied with jealousie . politicke fear , is a created forg'd fear wrought in another , to bring some designe about ; and as we finde the astronomers ( the comparison is too good ) do imagine such and such shapes and circles in the heavens , as zodiak , equinoctiall , colures and tropiques , with others , though there be no such things really in nature , to make their conclusions good ; so the politician doth often devise and invent false imaginarie feares , to make his proceedings more plausible amongst the silly vulgar , and thereby to compasse his ends and as the sun useth to appear farre bigger to us in the morning than at noon , when he is exalted to his meridian , and the reason the philosophers use to give , is the interposition of the vapours which are commonly in the lower region , through which we look upon him , as we finde a piece of silver look bigger in a bucket of water than elsewhere , so the politician uses to cast strange mists of fear , and fogges of jealousie before the simple peoples eyes , to make the danger seem bigger : but truly sir , this is one of the basest kindes of policie ; nor can i believe there be any such politicians amongst the cabalists of your parliament ; who pretend to be so busie about gods worke , a glorious reformation ; and you know there is a good text for it , that god needeth not the wicked man , he scornes to be beholding to lyers to bring about his purposes : but i pray sir , deal freely with me , do you imagine there was a designe to bring in the masse again ? patr. the masse ? you may say , there was a plot to bring in mahomet as soon , to bring in the alchoran , or talmud as soon , for i dare pawn my soul , the king is as cordiall a protestant , as any that breathes under his three crownes , which besides his publike deep protestations , and his constant quotidian exemplary open practise , many other convinceing private reasons induce me to believe , and it is in vain to thinke the pope can take footing here to any purpose without the kings leave . you know as well as i sir , that of all the reformed churches in christendom , the lutheran retaines most of the roman , both in his positions and practise , and comes much nearer unto him than we do , yet i have observed , that from the first day of his reformation , to this , he is as averse , and as farre off from rome , as the rigidest calvinist that is ; and shall i thinke , because there are some humble and handsome postures , and decent vestures revived in ourchurch , for they were never abolished , because the communion table stands in the east end where it ever stood since christianitie came in all our cathedrals , which should be a rule to all interiour churches , which yet the seperatist cries out to be an innovation : because her majestie hath a few simple capuchins , fewer than was allowed by the matrimoniall capitulations , whither to retire sometimes : because schismatickes were proceeded against with more care , and the government of the church borne up lately with more countenance , shall i believe that the pope must presently come in ? shall i believe the weaknesse of our religion to be such , as to be so easily shaken and overturn'd ? yet i believe there was a pernicious plot to introduce a new religion , but what i pray ? not poperie , but presbyterie , and with it to bring in the doctrine of buchanan and knox , for civill government , and so to cast our church and state into a scots mould . peregr . indeed , i heard the english much censur'd abroad for enslaving as it were their understanding and judgement in points of religion to the scot , whom they made christians , and reformed christians first , and now for the english to run to them for a religion , and that the uniformite should proceed from them , they having disdain'd us formerly , what a disparagement is it thinke you to the anglican church ? this with other odde traverses , as the ecclipsing the glorie of the king , and bringing him backe to a kinde of minoritie , the tampering with his conscience , i will not say , the straining of it so farre , the depriving him of all kinde of propertie , the depressing of his regall power , wherein the honour of a nation con●●sts , and which the english were us'd to uphold more than any other , for no king hath more awfull attributes from his subjects , as , sacred soveraigne , gracious and most excellent majestie , nor any king so often prayed for , for in your morning lyturgie he is five times prayed for , whereas other princes are mentioned but once or twice at most in theirs , i say this , with interception of letters , some incivilities offered ambassadors , and the bold lavish speechees that were spoken of the greatest queenes in christendome , and his majesties late withdrawing his royall protection from some of his merchant-subiects in other countries , hath made the english loose much ground in point of esteeme abroad , and to be the discourse , i will not say the scorne of other people . they sticke not to say , that there is now a worse maladie fallen upon their mindes , then fell upon their bodies about an age since by the sweating sicknesse , which was peculiar only unto them , and found them out under all climes . others say , there is a {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} amongst them , that they are turn'd to wolves , ( as you know it is a common thing in lapland , ) and that the old adage is verifyed in them , homo homini lupus . nay our next neighbours give out , that the saying was never truer then now , rex anglorum , rex diabolorum . nor is it a small disrepute to the english , that the word cavallier , which is an attribute that no prince in christendome will disdain , and is the common appellation of the nobilitie and gentry in most parts of the world , is now us'd , not only in libels and frivilous pamphlets , but in publike parliamentary declarations , for a terme of reproach . but truly sir , what you have related touching the pulpit and the presse , transformes me into wonder , and i should want faith to believe it , did you not speake it upon your knowledge ; but the english when they fall to worke upon a new humour , use to overdo all people . patr. you have not yet the tith of what i could give you , you would little think that coachmen , and feltmakers , and weavers were permitted to preach up and downe without controlement , and vent their venome against church and state , to cry down our hierarchie and liturgie , by most base and reviling speeches . per. touching your lyturgie , i have heard it censured abroad by the rigidest calvinists of geneva and dort , yet i never heard any other character given of it , but that it is a most pious , pathetick , and perfect piece of devotion , both for the matter and forme of it , which i have beene a little curious to observe . it begins with some choise passages of holy scripture , and a previous declaration or monitory to excite us to the worke in hand ; the first addresse we make to god is by an humble and joynt confession which is applyable to any conscience , and comprehends in it all kind of sins . then followeth a pronuntiation of gods promises and pronesse to pardon and absolve us ; wee goe on to the lords prayer , which having beene dictated by our saviour himselfe , we often use , and is as amber throwne in amongst our frankincense , to make the sacrifice more precious and pleasing unto god . then we proceed to some choice psalmes , and other portions of holy scripture taken out of the old and new testament ; then we fall to the symbole of saith , where of we make a solemne joynt confession in such a posture as shews a readinesse and resolution in us to defend it : and so to the letany , wherein the poore penitent peccant soule may be said to breath out her self into the bosome of her saviour by tender ejaculations , by panting groanes , and eviscerated ingeminations , and there is no sinne , no temptation whatsoever that humane frailtie is subject unto , but you shall finde a deliverance from it there ; it is so full of christian charity that there is no condition of people , but are remembred and prayed for there . then we proceed by holy alternatif interlocutions ( whereby we heare our selves speak as well as the minister ) to some effectuall short prayers ; because in long prayers the minde is subject to wander , as some zelots now a dayes use to bring their hearers into a wildernesse by their prayers , and into a labyrinth by their sermons . then goe we on to the decalogue , and if it be in a cathedrall , there is time enough for the hearer to examine himselfe , while the musicke playes , where and when he broke any of gods holy commandements , and ask particular forgivenesse accordingly ; then after other choice portions of scripture , and passages relating to our redemption , and endearing unto us the merits of it , with a more particular confession of our faith , we are dismissed with a benediction : so that this lyturgie may be called an instrument of many strings , whereon the sighing soule sends up various notes unto heaven . it is a posie made up of divers flowers , to make it the more fragrant in the nostrills of god . now touching your bishops i never knew yet any protestant church but could be content to have them , had they meanes to maintaine the dignitie , which the churches of france with others have not in regard the reformation began first among the people , not at court , as here it did in england : for unlesse there be some supervisers of gods house , endowed with eminent authoritie to check the fond fancies , and quench the false fatuous fires of every private spirit , and unlesse it be such an authoritie that may draw unto it a holy kinde of awe and obedience , what can be expected but confusion and atheisme ? you know what became of the israelites when the wonted reverence to the ark , and the ephod , and the priest , began to languish amongst them : for the braine of man is like a garden , which unlesse it be senced about with a wall or hedge , is subject you know to be annoyed by all kinde of beasts which will be ready to runne into it ; so the braine unlesse it be restrain'd and bounded in holy things by rules of canonicall authority , a thousand wilde opinions , and extravagant fancies will hourely rush into it : nor was there ever any field so subject to produce cockle and darnell , as the braine is rank and ready to bring forth tares of scisme and heresie of a thousand sorts , unlesse after the first culture the sickle of authority be applyed to grub up all such noisome weeds . pat. yet this most ancient dignitie of bishops is traduced and vilified by every shallow-pated petty clerke , and not so much out of a true zeale , as out of envie that they are not the like . and touching our lyturgie , whereof you have beene pleas'd to give so exact a character , people are come to that height of impiety , that in some places it hath beene drowned , in other places burnt , in some places torn in peeces to serve for the basest uses , nay it hath beene preached publikely in pulpit , that it is a peece forged in the divels shop , and yet the impious foule mouthd babbler never was so much as questioned for it . nor did the church only eccho with these blasphemies ; but the presse was as pregnant to produce every day some monster either against ecclesiasticall , or secular government . i am ashamed to tell you how some bold pamphleters in a discourse of a sheet or two , would presume to question , to dispute of , and determine the extent of monarchik jurisdiction , what sturdie doubts , what saucie quaeries they put , what odd frivolous distinctions they fram'd , that the king though he was gods anointed , yet he was mans appointed : that he had the commanding , not the disposing power : that he was set to rule over , not to over rule the people ; that he was king by humane choice , not by divine charter ; that he was not king by the grace of god , so much as by the suffrage of the people ; that he was a creature and production of the parliament : that he had no implicite trust , nor peculiar propertie in any thing ; that populus est potior rege : that grex lege , lex . est rege potentior ; that the king was singulis major , universis minor , whereas a successive monarch — uno minor est love — sometimes they would bring instances from the states of holland , sometimes from the republike of venice , and apply them to absolute and independant royaltie ; but i finde that the discourse and inferences of these grand statists were bottomed upon foure false foundations , viz. that the king of whom they speake must be either a minor , an idiot , an insufferable tyrant , or that the kingdome they mean , is elective ; none of all which is appliable , either to our most gracious and excellently quallified king , or to his renowned kingdom , which hath been alwayes reputed an ancient successive monarchie , governed by one supreme , undeposeable and independent head , having the dignitie , the royall state , and power of an imperiall crown , and being responsible to none but to god almightie and his own conscience for his actions , and unto whom a bodie politicke compacted of prelates , peeres , and all degrees of people is naturally subject ; but this is a theme of that transcendencie , that it requires a serious and solid tractat , rather than such a slender discourse as this to handle . but i pray excuse me sir , that i have stept aside thus from the road of my main narration ; i told you before , how the clashing 'twixt the commission of array , and the militia , put all things in disarray throughout the whole kingdom ; the parliament as they had taken the first militarie guard , so they began to arme first , and was it not high time then for his majestie to do something think you ? yet he assayed by all wayes imaginable to prevent a war , and to conquer by a passive fortitude , by cunctation , and longanimitie . how many overtures for an accommodation did he make ? how many proclamations of pardon ? how many elaborate declarations breathing nothing but clemencie , sweetnesse and truth did drop from his own imperious invincible pen , which will remain upon record unto all ages , as so many monuments to his eternall glorie ? yet some ill spirit stept still in , between his grace and the abused subject , for by the peremptorie order of parliament ( o monstrous thing ! ) the said proclamations of grace , and other his majesties declarations were prohibited to be read , fearing that the strength and truth of them would have had a virtue to unblinde , or rather unbewitch ( for rebellion is as the sin of witchcraft ) , the poor besotted people ? what deep protestations , and holy vowes did he reiterate , that the main of his designes was to preserve the true procestant religion , the known lawes of the land , and the just priviledges of parliament ? how often did he dehort and wooe the citie of london ( his imperial chamber ) from such violent courses , so that she may justly be upbraided with the same words , as the prince of peace upbraided jerusalem withall : london , london , how often would i have gathered thee , as an hen doth her chickens under her wings , yet thou wouldest not ? how often did he descend to acknowledge the manner of demanding the one and five members in his publike remonstrances ? and if there was an errour in his proceedings , how oft did he desire his great councell to direct him in a course how to go on in the empeachment ? which they never did , but would reserve the priviledge to themselves to be judge and partie . peregr . can your parliament protect high treason ? i am sure the character of an ambassadour cannot , which the late french ambassadour ( who for his time play'd his cards more cunningly than ever count gondomer did ) knew well ; and therefore , as i heard some french men say , he got letters of revocation before his designed time : but it seemes strange to me , that the king who is the protectour of the law , and fountain of justice , cannot have the benefit of the law himselfe , which the meanest of his vassals can claim by right of inheritance ; 't is strange , i say , that the law should be a dead letter to him who is the life of the law , but that for omission of some puntillio in the forme of the processe , the charge of high treason should be so slightly wav'd , speçially treason of so universall concernmen● , that it may be call'd a complication of many treasons ; for if in every petty state it be high treason to treat onely with any forraigne power without the privitie of the prince , it must needs be treason of an higher nature actually to bring them in ; and hereof i could alleadge you many pregnant instances , antient and moderne , but that i do not desire to interrupt you in your relation . patr. the parliament , as i told you before , armed apace , it was not fitting then his majestie should sit idle ; therefore he summons those nobles and others , who had an immediate relation unto him by office or service , to attend him at yorke , according to their particular obligation and oath : but it seemes the parliament assumed power to dispence with those oathes , and excuse their attendance , which dispensation prevailed with some ( tender ) consciences ; yet the great seal posted to court , and after it most of the nobles of the land , and the flower of the gentrie , with many of the prime members of the commons house ; so that were it not for the locall priviledge , the parliament , for number of members , might be said to be ever since about the king : these nobles and gentlemen resenting his majesties case , and what practices there were on foot to alter the government both of church and state , not onely advised his majestie to a royall war for defence of his crown and dignitie , but contributed very cheerfully , and have stood constant to the worke ever since . peregr . they have good reason for it , for the securitie of the nobilitie and gentrie depends upon the strength of the crown , otherwise popular government would rush in like a torrent upon them . but surely those nobles , and those parliament gentlemen , and others , some of whom i understand , were reputed the wisest and best weigh'd men for experience and parts thorowout the whole kingdom , and were cried up in other parliaments to be the most zealous patriots for the proprietie and freedom of the subject , would never have stucke so firmely to his majestie , had they not known the bottome of his designes , that it was farre from his thoughts to bring in the pope or french government ; for thereby they should have betrayed their own posteritie , and made their children slaves . patr. to my knowledge , these nobles and gentlemen are still the very same as they were in former parliaments , wherein they were so cried up for the truest lovers of their countrey , and best common-wealths men ; yet now they are branded , and voted to be seducers and traitors , because according to their oathes and consciences , they adhere to the king their master and liege-lord , for maintenance of that religion they were baptized and bred in . those most orthodox and painfull divines , which till the parliament began , were accounted the precisest sort of protestants , are now cried down for papists , though they continue still the very same men , both for opinions and preaching , and are no more papists , than i am a pytbagorean . in fine , a true english protestant is put now in the same scale with a papist , and made synonyma's . and truly these unhappy schismatickes could not devise how to cast a greater infamie upon the english protestant , than they have done of late by these monstrous imputations ; they would fasten upon him such opinions which never entred into his thoughts , they would know ones heart better than himselfe , and so would be greater kardiognostickes than god almightie . but to draw to a conclusion ; the parliaments armie multiplied apace in london , the kings but slowly in the north , so that when he displayed his royall standard at nottingham , his forces were not any thing considerable , so that if the parliaments generall had then advanced towards him from northamptou , he had put him to a very great strait ; they encreased something at derby and stafford , but when hee was come to shrewsbury , the welch-men came running downe the mountaines in such multitudes , that their example did much animate the english ; so that his army in lesse than a moneth that the court continued in shrewesbury , came to neere upon twenty thousand horse and foot ; nor was it a small advantage to his majesties affaires , that the nephew-princes came over so opportunely . the first encounter prince rupert had with the parliaments forces was at worcester , where he defeated the flower of their cavalrie , and gave them a smart blow . at shrewsbury his majestie tooke a resolution to march with his whole armie towards london , but after seven dayes march he understood the parliaments forces were within six miles side long of him , and so many miles he went out of his road to find them out , and face them : upon a sunday morning he was himself betimes on edge-hill , where the enemies colours plainly appear'd in the vale before keinton ; it was past two in the after-noon before all his infantery could get to the bottom , who upon sight of the enemies colours ran as merrily down the hil , as if they had gone to a morris-dance . so his majestie himselfe being generalissimo , gave command the great ordnance should flie for a defiance : so the battell began , which lasted above three houres ; and as some french and dutch commanders told me , they never remembred to have seene a more furious fight for the time in all the german warres . prince rupert pursued the enemies horse like a whirle-winde neere upon three miles , and had there beene day enough , when he came back to the infanterie , in all probabilitie a totall defeat had beene given them : so that the same accident may bee said to fall out here , as happened in that famous battell at lewis , in henry the thirds time , where the prince of wales ( afterwards edward the first ) was so eager , and went so far ( by excesse of courage ) from the body of the army in pursuance of the londoners . his majestie ( to his deserved and never-dying glory ) comported himself like another caesar all the while , by riding about and encouraging the souldiers , by exposing his person often to the reach of a musket-buller , and lying in the field all that bleake night in his coach . notwithstanding that many lying pamphlets were purposely printed here , to make the world believe , that he had retired himselfe all the time of the fight ; what partiall reports were made in the guild-hall to the londoners , and by what persons , i am ashamed to tell you : but that his majestie was victorious that day ( a day which i never thought to have seene in england ) there be many convincing arguments to prove it ; for besides the great odds of men which fell on their side , and cannons they lost , some of their ordnance were naild by the kings troopes the next morning after , in the very face of their armie . moreover the king advanced forward the next day to his former road , and tooke banbury presently after ; but the parliamenteers went backwards , and so from that day to this , his majestie continueth master of the field . 't is true , that in some places , as at farnham , winchester , and chichester , they have prevailed since , but no considerable part of the royall army was there to make opposition ; and i blush to tell you , how unworthily the law of armes was violated in all those places . perig . good lord , how can the soules of those men that were in the parliaments army at keinton battell , dispense with the oaths of supremacie and alleageance , besides the protestation you speak of , they have taken to preserve the person , honour , and prerogative of the king , when they thus actually bandy against his person , and appeare in battell with all the engines of hostility against him . pat. i would be loth to exchange consciences with them , and boggle so with god almighty ; but these men by a new kind of metaphysick have found out a way to abstract the person of the king from his office to make his soveraigntie a kinde of platonick idea hovering in the aire , while they visibly attempt to asiail and destroy his person ( and progeny ) by small and great shot , and seek him out amongst his life guard with fire , and sword ; yet they give out they fight not only not against him , but for him , and that their army is more loyall to him than his owne ; who , they say , fight only for the name king , though they have his person really amongst them , commanding and directing : thus they make him a strange kind of amphibium , they make him in one instant a king and no king of the same individuum ; a power which the casuists affirm god almighty never assumd to himself , to do any thing that implys a contradiction . pereg. noble sir , you make my heart to pant within me , by the pathetick relation you have beene pleased to make mee of these ruthfull times ; but one thing seemes to me to be no lesse than a miracle , how his majestie hath beene able to subsist all this while , considering the infinite advantages the adverse partie hath had of him ; for they have all the tenable places and townes of strength , both by land and sea ; they have the navie royall , they have all the ammunition and armes of the crowne , they have all the imposts and customes , poundage and tonnage ( which they levie contrary to their former protestation before the bill be passed ) they have the exchequer at their devotion , and all the revenue of the king , queene and prince , and lastly , they have the citie of london , which may be called a magazin of money and men , where there is a ready supply and superfluitie of all things , that may feed , clothe , or make men gay to put them in heart and resolution : truly considering all these advantages , with divers others on their side , and the disadvantages on the kings , it turnes me into a lump of astonishment , how his majestie could beare up all this while , and keepe together so many armies , and be still master of the field . pat. i confesse sir , it is a just subject for wonderment , and we must ascribe it principally to god almighty , who is the protectour of his anointed , for his hand hath manifestly appear'd in the conduct of his affaires , he hath beene the pilot , who hath sate at the helme ever since this storme began , and will doubtlesse continue to steere his course till he waft him to safe harbour againe ; adde hereunto , that his majestie for his owne part , hath beene wonderfully stirring , and indefatigable both for his body and minde ; and what notable things her majestie hath done , and what she hath suffered , is fitter for a chronicle , then such a simple discourse . hereunto may be added besides , that his majestie hath three parts of foure of the pceres , and prime gentry of the kingdome firme unto him , and they will venture hard , before they will come under a popular government and corporations ; or let in knox or calvin to undermine this church and state . pereg. truly sir amongst other countries , i extreamely longed to see england , and am no sooner come , but i am surfetted of her alreadie , i doubt the old prophecie touching this island is come now to be verified . that the churchman was , the lawer is , and the souldier shall be . i am afraid the english have seene their best dayes ; for i finde a generall kind of infatuation , a totall eclipse of reason amongst most of them ; and commonly a generall infatuation precedes the perdition of a people , like a fish , that putrifieth first in the head ; they say abroad , t is the scots turne now to be a great nation . therefore i will trusse up my baggage and over againe , after i have enjoied you some daies , and received your commands . patr. dear sir , if you seriously resolve to crosse the seas again so soon , i may chance bear you companie , for as you have since the short time of your sojourne here judiciously observed a nationall defection of reason in the people of this island , which makes her so active in her own ruine ; so by longer experience , and by infallible symptomes , i finde a strange kinde of vertigo to have seized upon her , which i fear will turne to the falling sicknesse , or such a phrensie , that will make her to dash out her own braines ; nor are her miseries , i fear , come yet to the full ; it is the method of the almightie , when he pleases to punish a people , to begin with roddes , to go on with scourges , and if they will not do , he hath scorpions for them ; therefore , i will breathe anywhere sooner than here : for what securitie or contentment can one receive in that countrey , where religion and justice , the two grand doriqne columnes which support every state , are fallen down ? which makes all conditions of men , all professions and trades to go here daily to utter ruine . the church man growes every day more despicable , as if he had no propertie in any thing , nor is there any way left him to recover his tithe , but by costly troublesome sutes . the civilian , a brave learned profession , hath already made his last will ; and the common lawyers case is little better ; the courtier cannot get his pension ; the gentleman cannot recover his rents , but either they are sequestred by an high hand of unexampted power , or else the poor tenant is so heavily assess'd or plundered , that he is disabled to pay them in ; all kinde of commerce both domesticke and forraigne visibly decayes , and fals more and more , into the hands of strangers ( to the no small dishonour of the wisedome of this nation ; ) nor can the tradesman recover his debts , parliamentary protections continue still in such numbers , so that it is a greater priviledge now to be a footman to the meanest of the lower house , than to be of the kings bed-chamber : prentises run away from their masters , and against their fathers intent turne souldiers , and for money , which is the soul of trade , i believe since the beginning of this parliament , above one halfe of the treasure of the kingdom is either conveyed to the other side of the sea , or buried under ground , whence it must be new digg'd up again . moreover , all things are here grown arbitrary , ( yet that word took off the earle of straffords head ) religion , law , and alleageance is grown arbitrary ; nor dares the iudge upon the tribunall ( according to his oath ) do justice , but he is over-awed by ordinance , or else the least intimation of the sense of the lower house is sufficient to enjoyne him the contrary , so that now , more than ever , it may be said here , — terras astraa reliquit . peace also hath rov'd up and down this island , and cannot get a place to lay her head on ; she hoped to have had entertainment in yorkshire , by the agreement of the best gentlemen in the country ; but an ordinance of parliament beat her out of doores , then she thought to rest in cheshire , and by a solemne covenant she was promised to be preserved there ; the principall agents of that covenant having protested every one upon the word of a gentleman , and as they did desire to prosper , both themselves , their tenants and friends , should strictly observe it ; but the like ordinance of parliament battered down that agreement . then she thought to take footing in the west , and first in dorsetshire , then in cornwall and devonshire , and by the holy tie of the blessed sacrament , she was promised to be preserved there ; but another ordinance of parliament is pursuing her , to dispense with the commissioners of the said agreement for their oathes . lastly , his majestie is mainly endeavouring to bring her in again thorowout the whole land ; but the furious , phrenetique schismatickes will have none of her ; for as one of them ( besides a thousand instances more ) preach'd in one of the most populous congregations about the citie , it were better that london streets ran with bloud , and that dead carkasses were piled up as high as the battlements of pauls , than peace should be now brought in . and now that peace is shut out , learning is upon point of despair , her colledges are become courts of guard , and mars lieth in mercuries bed . honour also , with her court , lieth in the dust ; the cobler may confront the knight , the boor the baron , and there is no judiciall way of satisfaction ; which makes monarchie fear she hath no long time of abode here , publike faith also , though she had but newly set up for her selfe , is suddenly become bankrupt , and how could she choose ? for more of the kingdomes treasure hath been spent within these thirty moneths , than was spent in four-score yeares before ; but she hopes to piece up her selfe again , by the ruines of the church ; but let her take heed of that , for those goods have been fatall to many thousand families in this kingdom : yet she thinkes much , that those publike summes which were given to suppresse one rebellion ( in ireland ) should be imployed to maintain another rebellion ( in england ) and lastly , me thinkes , i see religion in torne ragged weeds , and with slubber'd eyes , sitting upon weeping crosse , and wringing her hands , to see her chiefest temple ( pauls church ) where god almightie was us'd to be serv'd constantly thrice a day , and was the rendezvouz , & as it were the mother church , standing open to receive all commers and strangers , to be now shut up , and made onely a thorow-fare for porters ; to see those scaffolds , the expence of so many thousand pounds , to lie a rotting ; to see her chiefest lights like to be extinguished ; to see her famous learned divines dragg'd to prison , and utterly depriv'd of the benefit of the common law , their inheritance : me thinkes , i say , i see religion packing up , and preparing to leave this island quite , crying out , that this is a countrey fitter for atheists than christians to live in ; for god almightie is here made the greatest malignant , in regard his house is plunder'd more than any . there is no court left to reforme heresie , no court to punish any church officer , and to make him attend his cure , no court to punish fornication , adulterie , or incest ; me thinkes i hear her crie out against these her grand reformers ( or refiners rather ) that they have put division 'twixt all degrees of persons . they have put division 'twixt husband and wife , 'twixt mother and childe : the son seekes his fathers bloud in open field , one brother seekes to cut the others throat ; they have put division 'twixt master and servant , 'twixt land-lord and tenant ; nay , they have a long time put a sea of separation 'twixt king and queen ; and they labour more and more to put division 'twixt the head and the members , 'twixt his majestie and his politicall spouse , his kingdom ; and lastly , they have plung'd one of the flourishingst kingdomes of europe in a war without end ; for though a peace may be plaster'd over for the time , i fear it wil be but like a fire cover'd with ashes , which will break out again , as long as these fierie schismatickes have any strength in this island , so that all the premisses considered , if turke or tartar , or all the infernall spirits and cacodaemons of hell had broken in amongst us , they could not have done poor england more mischiefe . sir , i pray excuse this homely imperfect relation , i have a thousand things more to impart unto you when we may breathe freer aire ; for here we are come to that slaverie , that one is in danger to have his very thoughts plundered ; therefore if you please to accept of my companie , i will over with you by gods helpe , as soon as it may stand with your conveniencie , but you must not discover me to be an englishman abroad , for so i may be jear'd at and kickt in the streets ; i will go under another name , and am fix'd in this resolution , never to breathe english aire again , untill the king recovers his scepter , and the people their senses . a letter writ by sergeant-major kirle , to a friend at windsor . sir , you were pleased to command a constant account from me , as the onely requitall you would receive for admitting me an officer in the parliament armie ; and though divers things have come from us , which have been either doubted or contradicted , and seem to have no other credit than the close committee ; yet what i am now about to tell you , shall run none of those dangers , but that with a great deal of confidence you may report , both in publique to the house , and in private ●o my friends , that i am now at oxford ; nor shall your wonder last long , for by that time i have declared upon what grounds at first i undertook that service , and upon what reasons i have since deserted it , i shall without doubt ( where there is charitie or reason ) free my selfe from the imputation of dishonour , and undeceive others that are , as i was , seduced . about the time these distempers began here , i returned from serving the swede in germanie , and the states of holland ; in both which countries , i cannot without vanitie say , i did nothing to the dishonour of mine own : as this absence made me ignorant of the condition of the kingdom , so it rendred me more inclinable to receive an imployment from the parliament : for though neither my youth , nor this profession are curious after the affaires of state ; yet so common were the grievances in that unhappy conjuncture of time , when i went abroad , that i retain'd the same impressions in me at my comming home , especially when i saw the complaints remain , but did not know that the causes were taken away : thus possessed with prejudice , it was no hard thing for me to believe , that the pretences of war , ( in themso specious ) and the imployment therein , to be full of honour , justice , and pietie ; and that there needed not the importunitie of my nearest friends , or an argument from the necessitie their former severitie had cast upon me , nor an invitation from your selfe , to seek for the preferferment you speedily procured me . how i behaved my selse , while i was of your mind , and in that service , will be best judged by those , that know that from a lieutenant i was soone preferred to be captaine of a troop raised to my hand : and shortly after , to be sergeant-major to the earle of stamfords regiment of horse : what prisoners i took , what contribution i brought in , what places and townes i secured , appeares by the testimony given of me , and the thankes i received from you . it is not therefore necessity has made me leave you to goe to the king , from whom you have taken not only his revenues which should give him bread , but the benevolences ( as far as in you lies ) of his people that should maintaine his army . it is not ambition , to forsake a certaine benefit for an uncertaine imployment , and ( in justice ) as doubtfull a pardon : it is not malice for any particular neglect or injury , for i must confesse no man received greater kindnesse from his superiour officers , or more ample thankes from your selves then i have done ; no civill humane respect , but a perfect discoverie of those false lights , that have hitherto misled me , and the deepe apprehension of the horrour which attends the persevering in such errours . i must confesse ( though you would little thinke it ) that master sedgwicke , chaplaine to that regiment , first opened my eyes , and moved me to that reflection upon my self , which set me since in the right way ; not by his perswasions or conversion , ( for i can assure you , you may still confide in him ) but by the spirit ( not that pretended to of meeknesse and peace , but ) of fury and madnesse ; he revealed the mystery of this war , and in his inspired rage , brake the shell , religion , safety of the king , libertie and proprietie ; and shewed us the kernell , atheisme , anarchie , arbitrary government and confusion what was meant else by his sawcie and impertinent talking to god almightie , whom he seemed rather to command than intreat ? what was meant else by his traducing the king and cursing him , while he seemed to pray for him ? and presently with a tone as gentle as his language magnifie the worthies the estates assembled in parliament ; what was meant else by incouraging violence , and sharing in things plundered ? nor had one man given me a just prejudice of the cause , but that i saw the whole lump of these pseudo clergie , seasoned with the same leaven , who hate ( and so instruct the people ) an innocent ceremony , but thirst after blood ; who abhorre learning and bishops , but adore ignorance and division ; who while they are severe ( and therein they doe well ) against drunkennesse and adultery , they make robbery , rebellion , sacriledge , and murder become vertues , because they are in order to effect their designes ; and truly i had not trusted my eares , if the same and much more had not beene confirmed by my eyes ; for those few regiments then with us were a perfect modell of the whole armie , and most certaine i am , that all the officers of no one company were all of the same opinion what religion they fought for : some loved the booke of common-prayer and bishops , others were zealous for extemporary prayers and elders , another thought bishops so many elders , and elders so many bishops , and therefore they fought to set jesus christ in his throne , meaning independencie : some liked the chaplaine of the regiment , another thought his corporall preached better ; some had so much of the spirit they wanted courage , and when they should fight , thought it better to pray , or els declared it was revealed unto them they should be beaten , and to fulfill the prophecy , threw downe their armes ; and one would thinke , that every companie had been raised out of the severall congregations of amsterdam ; who wanted not scripture for every mutinie ; who plunder and call it gods providence , who if they cannot prove any of qualitie to be a papist , yet as he is a gentleman he shal want grace ; and that is title enough to possesse the estates of all that are more richer than themselves : and in truth had it not beene for this perswasion , you might have made riots , but not a war ; for under the promise of malignants estates are included , not onely those that directly take part with the king , but all those too that shall not concur with you in all things : hence it is that those were thought meritorious , who voted bishops out of the house of peeres , but are become malignants , because they will not put them out of the church : hence some that contributed with a large hand to this war , received marks of favour , but are become malignants , because they will not give all that they are worth : hence those that in tumults cried for justice were worthy of thanks , but are become malignants , because they will not helpe to depose the king . i shall not need to tell what dishonourable and indirect meanes have beene used to these ends , what burdens have beene laid upon weak consciences of some men by divines , what preferment have beene promised to some , what threatnings have beene used to others ; the sending of horses , monie , plate , shall expiate for past sins , or cover others which by their busie emissaries they have found out , and will otherwise discover : he that has power in his countrie and will use it for you may oppresse his neighbour , who must not sue him because he is in their service , and if he would be revenged ; it is no hard thing to procure a warrant and the sergeants man , and lay him up till he find an accusation , to produce one he never meanes to prove . i could instance in divers , who have beene by these allurements , invited to this war , and so to the ruine both of themselves and families ; nor can i forget that more obvious artifice , which has made the presse the fruitfull mother of many bastards ; when the taking three scouts in an alehouse , has beene made at london , a castle and the defeat of a regiment , and cler. parl. has made the pamphlet sell for a truth : when a defeat has beene voted a victory , and to amuse the people an order has beene made , that god should be thanked for it , and indeed the officers at last found that to tell truth when they had the worst , sometimes endangered their casheering , alwaies procured them an ill opinion , and when they saved the labour of doing the contrary , they were the better used , and therefore of late have justly wracked betwixt this scylla and charibdis , while they rather complied with their humour then obeyed truth , so that religion is but the reverent name for blood and ruine : and it is most evident , it was onely used as a disguise , that we might with the more ease devoure one another , which nature otherwise would forbid us to doe . next to this nothing wrought more upon me , then that strange mysterie , that fighting for the safety of the king was shooting at him ; as at edge-bill and elsewhere , where i thanke god i was not ; for sure the apprehension is so horrid unto me , that had i been in that action , the wounds of my conscience would never have beene healed . i am told the lawes are very severe not only against those that raise armes against the crowne , and offer violence to the person of the king , but extend even to the intentions , words and thoughts : certaine i am , religion and nature ranke treason and rebellion among the fowlest sinnes , and followes them with the worst of punishments ; and doubtlesse ravailliac might as well have excused his bloody fact , by saying the king was in his way , when he stabbed him , as those that justifie these late actions , by saying his majestie was among their enemies , when he was on his owne ground and amongst his own servants . and who ever shall consider what his majestie has done before this war began , in reparation of these errours past , what calumnies and reproaches he hath suffered since ( injuries not to be born by private spirits how beyond hope and expectation his armie rise from being despised to be justly feared ; and lastly , what royall promises , and sacred protestations he has so often and so solemnly made , cannot but renounce charitie and honour , or else he must believe and trust his majestie , resent his sufferings , and acknowledge the miraculous hand of god in his preservation . but i confesse the reason of complaining against you for using the king no better , seemes to grow lesse , whilest the subject is in a much worse condition . lawes we have indeed , but they are so little exercised , that shortly they will be buried in the places of those late risen fundamentals , which no man yet could ere discover where they lay ; when for the libertie of the subject , there is such good provision made , that whereas one gaole was enough for a whole countie , now there is more than one almost in every parish ; when the superscription of a letter ( and may be that fained too ) the information of a malitious neighbour , a fear , a jealousie , deprives many of their libertie , some of their lives ; most of their healths and fortunes ; when the petitioning for lawes established , and for peace ( without which we can enjoy neither lawes nor truth ) are become ( with the crime of loyaltie ) the onely things punished ; and with such a severitie that as no condition , so no age is spared ; the youth entring into the world , and having undergone the labour of an apprentiship , instead of being made free of the citie , are to serve again in a prison ; and those reverend aldermen , who have gone through the severall offices of london with honour , stooping under the weight of many yeares , and the infirmities thereof , have been drawn from their hospitable houses , ( and some from their beds , where extreme age had kept them many yeares before ) to loathsome prisons , from thence at midnight in cold and stormie weather , in a little boat to gravesend , and from thence to the unwholesome aire of some port-town , that they might not live long , to bewayle that banishment from their dear wives and children . and herein i acknowledge the greatest justice , for proprietie has no priviledge above libertie ; for being lately at london i found prisons and plundering went hand in hand , and it is worth the observing how these disbursements like hastie weeds , grew on a sudden to so great an height ; as first a gentle benevolence , then subscription , then sending in plate , next taxations by an order , at last the twentieth part by an ordinance ; besides those smaller diversions of under-writing for ireland , and spending it in this war , of gathering for the distressed protestants of that nation , and bestowing that charitie upon the ministers of our own , whose seditious sermons , had brought a just povertie upon them ; of sequestring estates and benefices , of taking portions , and keeping orphans upon publique faith , of seizing the stockes of churches , till by the same publique faith , they build or repair the same ; and doubtlesse were not my thoughts more for the generall , than my private interest , i might easily and by authoritie grow rich with the spoiles of that proprietie you seem to defend , and as others be gallant with the overplus taken for the twentieth part ; who likewise by an order take the coach-horses of persons of qualitie , and use them afterwards in their visits , and to tavernes for the service of the common-wealth . i had not made instance in so many particulars , but to justifie my selfe thereby to all the world for what i have now done , which upon these considerations will be rather approved than condemned , by any that have not wholly given up their reason unto faction , for doubtlesse dishonour is fixt upon levitie , ambition , cowardize , upon the persisting in that course which by conscience is declared unjust & irreligious . the breach of articles renders void all covenants , much more when that which is contracted for , is not onely altered but subverted . they were but pretences not realities i have hitherto served under , & justice and honour commands me to leave them . some souldiers take honour in so large a sense , that if they took pay under the turke they would not desert him : the comparison is not amisse : but sure where there is such an indifferencie , as to serve any for pay , religion is no part of their honour , but if they be of the mahometan perswasion , i shall not blame them to be true to that service , no more than i do those here , if their consciences tell them decencie and order is antichristian , and authoritie and magistracie heathenish : for certain i am , there is nothing more base and unworthy a gentleman and a christian , than to forsake the dictates of his own reason and conscience , to persist in an erroneous way , because he has already entred into it : if this false opinion of honour should be received as orthodox , it will be in the power of every subtle sophister , and cheating mountebanke , to ingage men for ever in ignoble actions , because they brought them once to an opinion that conduced thereunto . and lastly , whereas the end of war is peace , what hope can there be of a reconciliation , or that those that have got the regal and supreme power into their hands , should ever leave that which they have usurped , to resume that which they were borne to ; or that the officers of that armie should consent to a peace as long as they can have supplies of money : since that then a great part from being colonels and captaines , must again betake themselves to their aprons and shops , and instead of receiving pay , must bethinke themselves how to satisfie their beguiled creditours : for my part , i am borne to no inconsiderable fortune , and as i abhorre my name should be branded with treason , or that forfeited by a confiscation , so am i as loath we should ever be reduced to have a paritie in either ( which is aimed at ) or have both buried in the ruines of this miserable nation . i do protest , had none of these promises wrought upon me , yet the very sight of his majesties armie would have done it ; the discipline , unanimitic , and exact obedience thereof , the excellent conversation of so many gallant and noble personages who know no other emulation than that of honour , who dare do any thing but what is base , and ( on my soul ) daily expresse heartie desires of peace ( not out of any defect in the armie ) but to prevent the ruine , and procure the happinesse of their countrey . to conclude , what english gentlemen that ever heard of the ancient honour of this kingdom , or would preserve that of himselfe and familie , can tamely see our courage ( terrible sometimes to forreigne nations ) basely degenerate into a rebellion against our naturall prince , to whom malice it selfe can object no crime , and therefore casts upon him the faults of others , and since it cannot touch his person , quarrels at his crown : you see him powerfull at the head of his armie , and may see him glorious in his throne of peace , you ought not to doubt his justice , and ( if you will ) you may ( as i have done ) obtain his mercie . sir , i have freely told you my sense , if it hath any proportion to yours and so incline you to that effect it hath wrought in me , i shall take it ( next to the condition i am in ) as the greatest happinesse , and if i be so fortunate , since in these dangerous times you cannot safely convey it by letters , let me know it by your publishing this , whereby also you may happily benefit others , and certainly oblige your humble servant , r. k. finis . die iovis, september, . a declaration of the lords and commons assembled in parliament. england and wales. parliament. this text is an enriched version of the tcp digital transcription a of text n in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e a thomason .f. [ ] estc n this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) die iovis, september, . a declaration of the lords and commons assembled in parliament. england and wales. parliament. sheet ([ ] p.) printed at london for john wright at the kings head in the old baily, [london] : . taking into consideration the danger of allowing evil-affected persons to resort to the doors of the houses on pretence of arrears due to them no one is to resort to the house on this pretence. the guards are to seize all persons coming on this account, whose arrears, if any are due, are to be foreited -- cf. steele. order to print signed: jo. brown cler. parliamentorum. reproduction of the original in the british library. eng england and wales. -- parliament -- appropriations and expenditures -- early works to . great britain -- history -- civil war, - -- early works to . great britain -- politics and government -- - -- early works to . a n (thomason .f. [ ]). civilwar no die iovis, september, . a declaration of the lords and commons assembled in parliament. england and wales. parliament. a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion die iovis , september , , a declaration of the lords and commons assembled in parliament . the lords and commons in parliament assembled , taking into their serious consideration the great inconvenience and danger which daily doth , or may accrue by the resort of divers persons to the doores of both houses , under pretence of arreares to them due , the greatest part of them being persons evill affected to the parliament and kingdome ; and their comming thither being for the most part ( though under other pretence ) to disturbe them in their proceedings ; and likewise remembring the effectuall course by them taken by their late instructions , bearing date the . of may last , for the determining of all accompts , so that there can be no colour of any such resort as aforesaid , except it be of such who are unwilling the truth of their accompts should appeare , doe hereby order and declare , that henceforth no person or persons shall presume to resort thither under any such pretence , both houses having formerly ordered , that the committee for the accompts of the whole kingdome , or other committees authorized for that purpose , shall present rolls of such accompts so determined to both houses , and not otherwaies , where those persons concerned therein shall receive such further assurance and satisfaction as both houses shall finde to be just . and in case after the publication hereof any person shall presume contrary to this declaration , the guards attending on either or both houses , are hereby required to seize upon them , and keepe them in safe custody ; and if upon examination by the committee of complaints it be found that there is any arreare due to any such person , every such summe of money shall be , and is forfeit for his or their contempt , and such further punishment upon others as both houses shall appoint . ordered by the lords assembled in parliament , that this declaration be forthwith printed and published . jo. brown cler. parliamentorum . printed at london for john wright at the kings head in the old baily . . the souldiers alarum bell to awaken all such who are lull'd asleep in the supposed security of a parliamentary conventicle unlawfully sitting at westminster / by b.c. b. c. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing c ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing c estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the souldiers alarum bell to awaken all such who are lull'd asleep in the supposed security of a parliamentary conventicle unlawfully sitting at westminster / by b.c. b. c. p. s.n.], [s.l. : . reproduction of original in cambridge university library. eng cromwell, oliver, - . great britain -- politics and government -- - . a r (wing c ). civilwar no the sovldiers alarum bell, to awaken all such who are lull'd asleep in the supposed security of a parliamentary conventicle unlawfully sitti [b. c.] a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - judith siefring sampled and proofread - judith siefring text and markup reviewed and edited - pfs batch review (qc) and xml conversion the sovldiers alarum bell , to awaken all such who are lull'd asleep in the supposed security of a parliamentary conventicle unlawfully sitting at westminster . by b.c. printed in the year . dear friends and fellow-souldiers , vvee did believe and were fully perswaded that at our generall meeting in shoe-lane , the first of july instant , you had clearly perceived and understood by our timely advice directed formerly to you , the sole intent and way layd out therein by our present pseudo-masters , wholly to destroy us from beeing what we are , and have deserved , by our former gallantry and stoutnesse upon all designes under the conduct of a most illustrious undaunted prosperous generall , whom the great god of all victories owned , with our service , in every design ; we mean oliver late protector , who freed not onely this very nation of england from a long endured slavery , and yoak of tyrannicall bondage : but also ireland and scotland , & of whom the worst of sycophants cannot in truth speak evil . now the scope of this our second writing is as well to rowse you up , and invest your selves with your former undauntednesse of spirit and resolution , that our intended work may take effect : as also to shew the truth unto you which is much endeavoured to be obscured from your and our knowledge ; ( but we have a faithfull agitator ) as namely and formerly held forth unto you , the timely preventing of our own ruin , by our new usurped masters , the present pseudo-parliament , who have no power but what they borrow from us , and have not we an equall birth-right in all ? especially by the many hazards of our dearest lives and fortunes : then let none of us all be faint-hearted , let us knit our selves together , and labour for our own preservations , while we have advantage , and the cause good let us strike ; least the world should have just cause to say , we have sold our former magnanimous spirits , and undaunted resolutions for a dish of broth and a halfpenny loaf ; though many raw souldiers who are lately crept into regiments , never suffered the miseries or underwent the many dangers we have done in the first and latter warre , may peradventure serve without pay for bread and cheese . and doth not the intentions of this parliamentary-conventicle now appear , when their present resolves are first , to have us give them three moneths of our pay , not regarding the many necessities wee , our wives and children have been put unto , barely to live , and many of us much indebted to sutlers and landlords , who ( if wee should so childishly give away , what we have earned , with much penury , our pay ) would quickly bring the lash of a sergeant , and stink of a prison upon us , to the absolute ruine , and destruction of most of us , our wives and children ; after which done according to their present resolves , to send some of us to iamaica , others into remote countreys at their pleasures , and disband the rest upon settling the militia ; thus clandestinely under the notion of sugred dissembling promises , and smooth words from oyled tongues , we shall suddenly be betrayed and destroyed . is it not also manifest unto you , what small provision they make for us , now they have gotten the staffe into their own hands , endeavouring to make us despicable creatures , by bringing beggery upon us , the absolute scorne of a stout and valiant soldier ; is not also the matter of that pretended good old cause , now turned into a new cheat ? then as the case stands upon our present decaying interest , is it not high time to relieve and restore our selvs to what of right we should be ? soldiers not fearing the face of man , and in whom the power of this common wealth , and change of government shall rest , and if we truely love god and our countrey , let us not suffer our own subversions , nor any thing that may tend to destruction of us , or our gained and dearly bought liberties . was not oliver late protector , that ever undaunted spirit of magnanimity , that absolute honour of mars , that burning fiery flame to the great turk , the great terrour of all princes and countreys , a second solomon for wisedome , while our generall , after all his hazards , expences , charges of a long , dangerous and doubtfull warr , most passionately grieved , and troubled that this then sitting pseudo parliament , who still strove ( as now ) to perpetuate themselves , would never labour the settlement of our long contended for liberties ; till by providence , our consents , and the advice of all the judges of these nations , the government was settled in a single person , as most agreeable to the lawes and nature of englishmen , and owned in him , sitting too few years at the stern with hand continually upon the helm , for the good government of these nations , according to law and justice : and where he found a good and just rule , he altered not , where he found none , or a broken , weak defective one , he was ever most strong and earnest for reformation thereof . was not many abuses in the lawes by him regulated for the ease and relief of the people , was not many poor , despicable , starving creatures by him constantly relieved ; did not very many in these three nations who had long suffered , under wrong , injustice and oppression , by him obtain relief ; did he not spend what he had in relieving the needy and oppressed ? did he not spend himselfe , his whole strength of nature in studying and endeavouring the preservation of these nations in peace ; did he not alwayes take some reasonable care and time for paying us , did he not own us , and succour us . and can either you or we , any way discover the like care to be amongst the present pseudo governours , doth not then those many undue reflections , calumnies , and unchristian scoffes , cast upon the said late protector , rather argue the ventositie of mens braines , the basenesse and vanity of their mindes , with their dunghil spirits then either the solidity of their jugements or the gravity of their conditions and behaviour being well known by all knowing rationall men in the world , not any can justly calumniate him . doth not also those counties , cities , towns corporate , magistrates , ministers , the councell , the whole army of the three nations , the judges of the land who made their respective addresses , & owned richard the protector as lawfull successor to his late father in the office of protector according to an authentick act of parliament , desiring him to protect those that are good , to punish those that are bad , to maintain the just rights and priviledges of the people of god , and the whole nation , engaging to assist him with their lives and fortunes , and also imploring the assistance and blessing of god upon his endeavours herein , sufficiently declare him to be supreme governour of these nations ? and he who took such speciall care with the late parliament for paying us off , would also have been , and we are assured will still be as carefull of us , and our preservations , so soon as we shall have reestablshed him protector , without whom wee are absolutely ruined & our posterities , being well assured , that this present parliamentary conventicle , who aym at nothing more then their own perpetuity , will be our destruction , nor indeed and in truth were it not a great unworthinesse in us who ought to have the greatest share of worthinesse , to own richard protector , as well for his owning our fellow-souldiers at dunkirk and mardike in procuring there full pay to be paid unto them , a perfect example of his future care over us and ours , having been so carefull for them , he can nor will be lesse mindfull of us ; who hath also been at that great charge in his own expences to give redcoats to us all , a pattern beyond example , and which our present usurped masters will never do , but rather work our destruction for their own advantage and pepetuity . now understand , that as it hath been alwayes resolved , by the judges and lawes of this nation , that the deposition , or death of a king , doth actually dissolve a parliament , nor can the succeeding king , or successour whatsoever hold or continue the said parliament , or prorogue it ; so by the same law was this pseudo parliament dissolved , and made no parliament , by the late kings death , and not by us , or any part of the army though falsely by many so asserted . also , that this present pseudo-parliament was summoned particularly by the late king charles in his naturall , as well as politick capacitie , but not for him , his heirs or successors ; for he ceased to be both charles and a king of this realm by his death , and the councell by whose advise it was first summoned was his own , not his heirs and successors , besides it was summoned by the king himself , to treat , consult , and give their advice with him personally which by his death was impossible , and so determined , expired , and dissolved ; even as a naturall ceases to be a living man , when the head is cut off ; or , as if a man should by his will or deed authorize any three persons , jointly to sell lands , give livery and seisin , and one of them dye , the other two joyntly or severally can do nothing , because their trust and authority was joynt , not severall ; and so joyntly not separately to be executed ; therefore no lawfull call for this parliamentary conventicle to sit , nor as they are not a house under the number of fortie , so they can make no lawfull act under the number of one hundred and fiftie . thus as it is evident that the present convened parliamentary conventicle at westminster is no parliament , by all the lawes of this nation , as in part before mentioned ; nor ought of right to sit , being the onely men contriving our destruction , let us not boggle , or carry the hearts of women to dissolve and turn them out of dores , with greater scorne , infamy and derision , then they endeavour to bring us into : let you and us goe on together , in this work couragiously without fear or dispondencie ; let us not own them , nor their encroached parliamentary power , acts , or impositions , least through our unworthy cowardize and negligence in this kind , we suddenly become a prey , to these selfe ended perpetuateing princes , nothing at all caring for us or the publick good , but likely to transform the city and countrey into a place of scorn and beggery . and though the lord henry cromwel hath very suddenly made his appearance at westminster contrary to expectation ; yet let that be no cause for you to prevaricate or turn back from the work intended , for the old soldiers of the army in ireland , have assured us that he left them without consent , and they desire us to hold our resolutions and they will own and stand with us ; as also the city of london have many thousands well prepared to joyn with us , then what cause of fear , or whose commands shall wee break in performing the work of dissolving them , are not they under our power ? thus have we again discovered unto you our fellow soldiers , as to our selves , what of necessity requires a remedy with all speed : before a disease hath brought the body low , it will endure heates and colds and many distempers , and alter little or nothing visibly , but the dregs remain and bring the disease by degrees to a height , and then every sleight offence is taken , and strong distempers appeare to danger and ruine ; and it may be rationally judged our pseudo-governors labour under a criticall sign , the disease is grown so strong , it hath such a height , that we must all unanimously intervene for our own preservations , else danger is at hand ; and this thing now presented to you , is an evident symptome , what will speedily be done against us , by those who have no power to sit , but from us , and may we not then call home that which we have lent ? the sole way of all our preservations being in reestablshing richard protector ; for it is most necessary , one absolute head in any government must be ; and who more right to it then richard protector ? both for his great care over us , for the preservation of all us , and ours , and his endeavours to have the lawes and our liberties performed and kept ; therefore , we think most fit , and least without suspition , that upon tuesday the _____ instant , when you are all met for the church at westminster , that you faithfully resolve like men to prepare your selves with us to dissolve and turn them out of dores , when , undoubtedly expect us , fully to compleat these our resolutions , which by law , reason and equity , must speedily be acted , to make our selves safe under the protector , which no where else is to be had . his highness regiment . lieuten , gen. fleetwoods regiment . col. goffs regiment . col. hewsons regiment . col. barksteads regiment . col. mills regiment . col. prides regiment . all and all , &c. finis . a seasonable, historical, legal vindication and chronological collection of the good old fundamental liberties, franchises, rights, laws of all english freemen ... seasonable, legal, historical vindication of the good old fundamental liberties, franchises, rights, properties, laws, government of all english freemen. prynne, william, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing p ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing p estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a seasonable, historical, legal vindication and chronological collection of the good old fundamental liberties, franchises, rights, laws of all english freemen ... seasonable, legal, historical vindication of the good old fundamental liberties, franchises, rights, properties, laws, government of all english freemen. prynne, william, - . p. s.n., [s.l. : ] caption title. attributed to william prynne. cf. wing. date of publication from wing. reproduction of original in national library of scotland (advocates'). marginal notes. eng constitutional history -- great britain. great britain -- politics and government -- - . a r (wing p ). civilwar no a seasonable, legall, and historicall vindication and chronologicall collection of the good, old, fundamentall, liberties, franchises, right prynne, william d the rate of defects per , words puts this text in the d category of texts with between and defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - ali jakobson sampled and proofread - ali jakobson text and markup reviewed and edited - pfs batch review (qc) and xml conversion a seasonable , historical , legal , vindication , and chronological collection of the good old fundamental liberties , franchises , rights , laws of all english freemen ; ( their best inheritance , birth-right , security , against arbitrary tyranny , egyptian slavery and burdens ) of late years most dangerously undermined , oppungned , and almost totally subverted , under the specious feigned disguise of their defence , enlargement , and future establishment upon a sure basis . it is an universal received principle , and experimental truth , beyond all contradiction , that no natural structure , no arteficial building , no civil or ecclesiastical corporation , realm , reipublicke , government , or society of men ; no art nor science whatsoever , can possibly be erected , supported , established , preserved or continued in their being or well being , without foundations : whereon as they were at first erected , so they must necessarily still depend , or else they will presently fall to utter ruine . hence it is , ( to wave all humane authorities in so clear a verity ) that in god's own sacred uner●ing a word of truth , we find frequent mention of the natural b foundations of the vast natural fabrick of the earth , heavens , and world it self ; of the artificial material c fovndations of the material temple , wals , city ; of gods own most famous city ierusalem ; and of private houses : of the spiritual d foundation of the spiritual temple , city ierusalem , and whole church of god ; even iesus christ himself : of the doctrinal e foundations , and first principles of religion , christianity , salvation : yea , of the political f foundations of kingdoms , reipublikes , churches , governments , states : which being once shaken , undermined , subverted , razed , or destroyed , bring unavoidable ruine and desolation upon them , ( psal. . . psal. . , . ier. , . & , , . mic. . , , . ) even as we daily see castles , wals , houses , to fall instantly to the ground , and become an heap of confusion , when their foundations are blown up , decayed , or demolished . upon which consideration , those publike laws , which establish , fence , fortifie , support the foundamental constitutions , rights , liberties , priviledges , of any nation , kingdome , reipublike , ( essential to their being and subsistence , as a free or happy people , against the invasions , vnderminings , encroachments , of any tyrants , vsurpers , oppressors , or publike enemies , are usually stiled fundamental laws ; ) and have ever been reputed so sacred , inviolable , immutable , in all ages , upon any preterces of necessity , or publike safety , that most nations , and our own english ancestors , above others , have freely chosen to hazard , yea lose their estates , lives , in their just defence , against such exorbitant tyrannical kings , and other powers , who by force or policy have on leavoured to violate , alter , or subvert them , rather then out of cowardize , scottishnesse , carelessenesse or want of cordial love to the publike , to suffer the last infringement , repeal , or alteration of them , to the inthralling of themselves , or their posterities , to the arbitrary wills of such domineering tyrants , and vsurping poners . now because , after all our old and new ( many yeers ) bloody , costly , dangerous contest , and wars , for the maintenance of our good old fundamental liberties , laws , rights priviledges , against all secret or open underminers of them i clearly behold , with grief of heart , that there is a strang monstrous generation of new tyrannical state hereticks sprung up amongst us ; who are grown i desperately impudent , as not onely to write , but publikely to assert in print , ( in a books , printed by authority , even in capitals in the very title-page ) that the free-men and people of england have no such unalterable fundamental laws and liberties left them by their fore-fathers , ( as our ancestors heretofore contested for , both in the field and parliament-house , with william the conqueror , henry the first , king john , henry the third , edward , , . richard the second , with other kings and princes ; and our late parliaments and armies too , with king james , and king charles . ) that neither magna charta , nor the petition of right , nor the laws for trying malefactors by juries of their peers , are fundamentall , or unaltera●le ; but that the state-physitians ( or rather mountebanks ) of our time , ( who are not tied up to them , but left free unto themselves ) may lay them quite aside , either in part or whole , as they see cause : yea , ( having now attained to such a super-transcendent authority , as ) may ( as they assert ) day aside all parliaments and parliamentary wayes , and appoint something else , as more seasonable and proper to us , and as providence makes way for it , if they see it more conducing to the safety and good of the common-wealth , ( that is , to their own private interests , honours , profits , securities , designes , oppressions , rapines , gilded over with this specious pretext . ) and then ●●●emptorily conclude , that to plead for these and other fundamental laws and liberties , as unalterable , ) though the onely 〈◊〉 and badges of our freedom ( is nothing else but to 〈◊〉 the nation : for by such a principle , people doe 〈…〉 their liberty , but are brought under such a kind of tyranny , out of which ( as being worse than the aegyptian bondage ) there is no hope of deliverance . an absurd tyrannical paradox , transcending any i ever yet met with in any author ; stripping us naked of all our long enjoyed laws , liberties , franchises , great charters at once ; tending onely to reduce , and perpetually inthral us under such an absolute aegyptian bondage and tyranny , without any hope of future deliverance from it , which some now endeavour to entail on us and our posterities for ever , by an iron law , and yoke of steel , in stead of restoring to us that glorious freedome , which we have so long expected from them in vain . and because i find the generality of the nobility , gentry , clergie , commonalty , of our nation , after all their , late yeers expensive bloudy wars , and parliamentary disputes , for the defence and preservation of these our ancient hereditary fundamental charters , laws , liberties , priviledges , so strangely degenerated both from themselves , and their heroick prudent ancestors , as that they are more readily inclined , upon every occasion , out of a base , un-christian , un-manly , un-english fear , or scottish cowardice and stupidity , wittingly to desert , betray , surrender them all up into the hands of any invading vsurpers , without the least publike claim , dissertation , defence , or dispute ; then diligently or couragiously to contend for them , as of late they did : so as that which paul once taxed in the slavish besotted corinthians , epist. . . may be most truly averred of our degenerated , infatuated , english nation : ye suffer if a man bring you into bondage , if a man devour you , if a man take of you , if a man exalt himself , ( above your laws , liberties , franchises , parliaments , kings , nobles , properties , lives , conscience , and a all that is called god , or worshipped ) if a man smite you on the face ; notwithstanding all their manifold late b protestations , vows , covenants , remonstrances , declarations , and publike engagements , to the contrary . and withal , after diligent enquiry , discovering scarce one man of eminencie or power in the nation , nor so much as one of my degenerated temporizing profession of the law , ( even when the c whole body of our laws , and all its professors , are violently assaulted , and devoted unto sudden ruine , by many lawlesse spirits ) who hath so much courage , magnanimity , honesty , zeal , or cordial love to his native country , remaining in his brest , as manfully to appear in publike , for the strenuous necessary defence of these our hereditary , fundamental laws , liberties , rights , franchises , ( though their own , and every other english freeman's best inheritance and security ) for fear of being persecuted , imprisoned , close imprisoned , exiled , condemned , destroyed , as a traytor , rebell , seditious person , enemy to the publike , or disturber of the kingdoms peace , by those who are truly such : i thereupon conceived i could not undertake or perform a more necessary , seasonable , beneficial service for my country , ( and not to be like those , who are ashamed , afraid , for the most part , to own , visit , or be seen in the company of those gallant men , much lesse to assist , defend , and stick close unto them in their dangers , according to the sixth article of their late solemn league and covenant , who have suffered , acted , and stood up most for their common liberties , rights , freedoms , religion , against all invading tyrants , to their great discouragement and betraying ) nor pitch upon any subject more proper for me , either as a common lawyer , or as a constant advocate and sufferer for the publike cause , and liberties of the nation , as well under our late extravagant free-state , as former regal and episcopal arbitrary tyranny , then in this juncture of our publike affairs , to present our whole distracted unsetled kingdome , with an historical and legal vindication , and chronological collection , in all ages , of these ancient hereditary liberties , franchises , rights , contests , laws , charters , records , monuments of former and late times , for their confirmation , and inviolable ob●rvation , which our ancestors and our selves have alwayes hitherto reputed fundamental , unalterable , inviolable , upon any pretext ; and have most eagerly contended for , with the prodigal expence of many millions of treasure , and whole oceans of gallant christian english bloud . and if , upon the serious perusal of them , the uniuersality of our degenerated nation , after their many late solemn protestations , vows , leagues , covenants , remonstrances , inviolably to defend and maintain them , shall 〈◊〉 so undervaelue them now at last , ( as 〈◊〉 actually have done ) as not to esteem them worth the owning , maintaining , vindicating , or perpetuating and longer ; and thereby draw upon their headache real guilt of all those bloudy wars , murders , tumults violences , rapines , oppressions , sins , mischiefs , illegal ta●es , excises , exorbitancies , which their many late yeers pretended necessary defence and preservation have brought upon ou● three whole nations ; let them henceforth , like so man , ●astardly conquered bond slaves , bored thorow the eares● publikely disavow , disclaim , renounce , abiure them , for themselves and their posterities for ever , as meer worthlesse toyes , or pernicious inventions , fit onely to kindle perpetuall wars and discords between king and people , head and members , superiours and inferiours ; or as poor slender cobwebs , ( as now they prove ) fit to hold none within compasse but the very weakest flyes ; broken thorow with 〈◊〉 and impunity by every greater fly , creeping up into any power or supreme authority , by right or wrong ; and swept down to the very ground , by every new broom in the hand of upstart innovators . but if , upon saddest deliberation , they shall really estimate them to be such incomparable , rich , precious jewels , and ancient inheritances , as are every way worth the infinite treasures , warres , blood , cares , consultations , troubles , heretofore and of late yeers expended , both to gain , retain , confirm , and perpetuate them , to them and their posterities for ever , as their principal earthly security and beatitude ; i hope they will all then unanimously henceforth conclude with the poet . non minor est virtus quam quaerere , part a tveri : and both by their votes , and actions , return the self-same peremptory magnanimous answer to any caesar , conqueror , patentate , power , or combination of men whatsoever , ( who shall endeavour by force , fraud , ●●flattery , to compel or perswade them , to sell , resign , betray , 〈◊〉 these their antistrial priviledges , 〈…〉 , to them ) 〈…〉 once did to king ahab , king. . . the lord forbid ● us , that we 〈◊〉 give ( sell , or betray ) the inheritance of ovr fathers ( and our posterities likewise ) unto thee , or you ; though they should suffer for this answer and refusal , as much as naboth did from bloudy ahab and jez●bel . but whatever low price or estimate this spurious , stupid sordid , slavish age may set upon these richest pearls ; yet for my own particular , upon serious consideration of these chronological collections , and the solemn oathes , protestations , vows , league and covenant , obliging me to defend them to the uttermost ; i value the whole nations publike , and my own ( with my cordial friends ) private interest in them , at so high a rate , that i would rather chearfully part with ten thousand lives , and all the treasures of the nation , were i owner of them , then wittingly , negligently , or unworthily fell , betray , or resign them up to any mortals , or powers whatsoever , upon any pretences or conditions , after all my former publications , contests , sufferings , &c. for their just defence . now to the end all others might now take special notice of the inestimable value our ancestors in all ages have set upon them , and what successive wars , conflicts , they have cheerfully undertaken for their preservation ; i have , at vacant hours compiled this en●uin●vindication and collection of the old fundamental liberties , franchises , laws , of all english free-men , which i shall be que●th to my most beloved native country in generall and every reall her●●●k patron of them in particular , as the best legacie i can leave behind me , both for their 〈…〉 future enfranchisement , immunity , security , from all 〈…〉 tyranny , slavery , and yokes of bondage , under 〈…〉 have a long time languished and 〈…〉 the method i resolve herein to pursue is this : . i shall produce some punctual authorities of moment , to evidence , that the kingdome and free-men of england , have some ancient hereditary just rights , liberties , priviledges , franchises , laws and customs , properly called fvndamental : and likewise a fvndamental government , no wayes to be altered , undermined ▪ subverted , directly or indirectly , to the publike prejudice , under pain of high treason in those who shall attempt it , especially by fraud , force , or armed power . . i shall in brief propositions present you with the chiefest and most considerable of them , which our ancestors in former ages , and our latest real parliaments have resolved to be , and eagerly contended for , as fundamental , essential to their being and well-being , as a free people , kingdom , reipublike , unwilling to be enslaved under any yokes of tyranny , any arbitrary impositions or powers whatsoever . and then give you a brief touch of their several late unparallel'd violations , both by the edicts and actions of usurping powers . . i shall in a chronological way tender you a large historical catalogue of contests , votes , declarations , remonstrances , oathes , vows , protestations , covenants , engagements , evidences , statutes , charters , writs , records , judgements , and authorities , in all ages , undeniably evidencing , declaring , vindicating , establishing , perpetuating these fundamental hereditary rights , liberties , priviledges , franchises , customs , laws , and abundantly manifesting the extraordinary care , industry , zeal , courage , wisdom , vigilancy of our ancestors , to defend , preserve , and perpetuate them to posterity , without the least violation or diminution . . i shall vindicate the exellencie , indifferencie , and legality of trying all malefactors whatsoever by juries of their peers , upon legal processe and indictments ; and manifest the illegality , injustice , partiality , dangerous consequences , of admitting or introducing any other form of trials , by new , arbitrary , martial commissions , or courts of high justice , ( or rather * injustice ) inconsistent with , and destructive to the fundamental rights , liberties , priviledges , laws , franchises of the english nation , and of most dangerous president to posterity ; being set up by the greatest pretenders to publike liberty , law , and the chiefest inveighers against arbitrary regal tyranny and power , which never publikely established them by any law , and may fall to imitate them in future ages . each of these i intend to prosecute in distinct chapters in their order for the first of these : that the kingdome and free-men of england , have some ancient hereditary right , liberties , priviledges , franchises , laws and customs , properly called fvndamental ; and likewise a fvndamental government , no wayes to be alt●red , undermined , subvert●d , directly or indirectly , under pain of high●treason in those who shall attempt it , especially by fraud , force , or armed power . i shall confirm the first part of it , by these ensuing punctual authorities of moment , against those a traytorous late-published pamphlets , which professedly deny it , and endeavour a total abrogation of all former laws , to set up a new model , and body of the law , to rule us for the future , according to their pleasures . the first is , the expresse words of the great charters of the liberties of england , granted by b king john , anno . in the yeer of his reign ; regranted and confirmed by king henry the third , in the ninth yeer of his reign , and sundry times afterwards ; and by king edward the first , in the and yeers of his raign : wherein these three kings successively , by their several grand charters under their great seals , did grant , give , and confirm , to all the free-men of the realm of england , for themselves and their heirs for ever , the customs , liberti●s therein contained ; to have and to hold them , to them and their heirs from them and their he●rs for ever . concluding their charters thus : all these customs and liberties aforesaid , which we have granted to be holden within this our realm , as much as appertaineth to us and our heirs , we shall observe . and all men of this our realm , as well spirituall as temporall , ( as much as in them is ) shall observe the same against all persons in likewise . and we have granted unto them , that neither we nor our heires shall procure or do any thing whereby the liberties in these charters contained , shall be infringed or broken . we ●atifying and approving these gifts and graunts aforesaid , confirm and corroborate all the same , for us and our heirs perpetually : and by these presents ( as the later charters run ) do renew the same willing and granting , for us and our heirs , that these charters , and all and singular their articles , for ever shall be stedfastly , firmly , and inviolasly observed . sir edward cook , ( that reverend learned judge and professor of our laws ) in his preface to his second institutes , and p. . and . thereof , wherein he comments on this great charter , ( printed by two orders of the house of commons in parliament , dated maii. . and junii , . ) resolves in direct terms , that the great charter was for the most part declaratory of the principal grounds of the fvndamental laws of england : that these words therein , [ for as and our heirs for ever ] were added to avoid all scruples ; that this great parliamentary charter might live and take effect in all successions of ages for ever . a clear resolution , that the principal liberties , customs , laws , contained in these great charters , and ratified by them , are both fundamental , perpetual , and unalitrable ; being since confirmed in all points by neer fourty several special acts of parliament in succeeding parliaments : and likewise by the solemn oathes of our kings , nobles , judges , great officers , and of the people too , ( all severall times sworn to defend and maintaine the same ) and by sundry solomn excommunications against the onfringers or contemners of them in any kind ; as i shall prove more fully in the third chapter . the second is , the punctuall resolution of the whole parliament of jacobi , even in a printed act of parliament , chap. . and of king james himself , in his speech therein , as is evident by this prologue to that act : whereas his most excellent majestie hath been pleased , out of his great wisdome and judgment , not onely to represent unto us by his own prudent and princely speech on the first day of this parliament , how much he desired ( in regard of his inward and gratious affection to both the famous and ancient realms of england and scotland , now united in allegiance , and by all subjection in his royal person , to his majesty and his posterity for ever ) that by a speedy , mature , and sound deliberation , such a future vnion might follow , as should make perfect that mutual love , and uniformity of maners and customs , which almighty god in his providence , for the strength and safety of both realms , hath so far already begun , in● pparent sight of all the world ; but also hath vouchsafed to expresse many ways , how far it is , and ever shall be , from his royal and sincere care and affection to the subjects of england , to alter or innovate the fundamental and ancient laws , privileges and good customs of this kingdom ; whereby not only his royal authority , but the peoples security of lands , livings , and privileges ( ●oth in generall and particular ) are preserved and maintained ; and , by the abolishing or alteration of the which , it is impossible but that present confusion wil fall upon the whole state and frame of this kingdom , &c. in which memorable clause , these four things are observable , . that the kingdom and people of england have fundamental ancient good laws , privileges , and customs . . that these are no ways to be altered or innovated ; and that it always hath been , is , and ever shall be , far from the thoughts and intents of all good kings , governours , and parliaments , who bear a sincere care and affection to the subjects of england , to alter or innovate them . . that by these ancient good laws , privileges , and customs ▪ not onely the kings regal authority , but the peoples security of lands , livings , and privileges , ( both in general and particular ) are preserved and maintained . . that by the abolishing or altering of them , it is impossible , but that present confusion will fall upon the whole state and frame of this kingdome . which i wish all innovators and new modellers of our laws , would now at last lay seriously to heart , and the whole kingdom and english nation sadly consider , who have found it an experimental truth of late yeers , and no imaginary feigned speculation . the third is the remonstrance of the whole house of commons in parliament , delivered in writing to k. james , in the parliament of iac. anno . which begins thus . to the kings most excellent majesty . most gracious soveraign , whereas we your majesties most humble subjects , the commons assembled in parliament , have received , first by message , and since by speech , from your majestie , a command of restraint , from debating in parliament your majesties right of imposing upon your subjects goods exported out of , or imported into this realm , yet allowing us to examine the grievance of these impositions , in regard of quantity , time , and other circumstances of disproportion thereto incident : wee your said humble subjects nothing doubting but that your majestie had no intent by that command , to infringe the ancient and fvndamental rights of the liberty of parliament ▪ in poynt of exact discussing of all matters concerning them and their possessions , goods , and rights whatsoever ; which yet wee cannot but conceive to be done in effect by this command , do with all humble duty make this remonstrance to your majestie . first , wee hold it an ancient , general and vndovbted right of parliament , to debate freely all matters which do properly concern the subject , and his right or estate : which freedom of debate being once fore-closed , the essence of the liberty of parliament is withall dissolved . here the whole house of commons , in a special remonstrance to king james , ( printed and published by order of a committee of the house of commons for licensing of books , dated maii , . caroli ) declare , resolve , vindicate , and maintain , one principal , ancient , fundamental , general , undoubted right of the liberty of parliament , against the kings intrenchment on it : of which should they be but once fore-closed , the essence of the liberty of parliament is withall dissolved . and peradventure it may not be unworthy the most serious disquisition of the next ensuing nominal or real parliament , to examine , whether some clauses and restrictions in the , , , , , , , , , , , , , , , , , . articles ( or strings ) of the new instrument , intituled , the government of the common-wealth of england , scotland , and ireland , and the dominions thereunto belonging , as it was publikely declared at westminster the day of december , . &c. do not so much , nay farre more intrench upon the ancient , fundamental , general , undoubted right and liberty of parliament ▪ and parliamentary free debates , to the dissolution of the essential liberty of all future parliaments , as this command of king james did , or as the bishops late canons imposed on the clergy in and by the convocation , anno . ever did ; and this clause in their &c. oath then made , ( now imitated by others , who condemned it : ) ● a. b. do swear , that i will never give my consent to alter the government of this church by arch-bi●hops , bishops , deans , and arch-deacons , &c. as it stands now established , and as by right it ovght to stand : * resolved by the whole house of commons , and peers too , without one dissenting voyce , in parliament , decemb. . to be a most dangerous and illegal oath , contrary to the rights and privileges of parliament , and to the fvndamental laws & statvtes of the realm , &c. and of dangerovs conseqvence . the contriving whereof was objected to the late arch-bishop of canterbury , in his original and additional articles of impeachment , to be high treason ; for which amongst other thigs , he lost his head . the fourth is , the notable petition of grievance of the whole house of commons in parliament , presented to king james in the seventh yeer of his reign , after their vote against his right to lay any impositions on goods imported or exported , without assent of parliament ; in these ensuing words , the policy and constitution of this your majesties kingdom , appropriates unto the kings of this realm , with assent of parliament , as well the soveraign power of making laws , as that of taxing or imposing upon the subjects goods or merchandizes , wherein they have justly such a property , as may not without their consent be altered or changed : this is the cause , that the people of this kingdom , as they have * ever shewed themselves faithful and loving to their kings , & ready to aid them in all their just occasions , with voluntary contributions : so have they been * ever careful to preserve their own liberties and rights , when any thing hath been done to prejudice or impeach the same . and therefore when their princese it her occasioned by war , or by their own bounty , or by any other necessity , have without consent of parlament set on impositions ▪ either within the land , or upon commodities exported or imported by the merchants they have in open parliament complained of it , in that it was done without their consents ; and thereupon * never failed to obtain a speedy and full redress , without any ‖ claim made by the kings , of any power or prerogative in that point . and though the law of property be original , and carefully preserved by the common lawes of this realm , which are as ancient as the kingdom it self ; yet those famous kings , for the better contentment and assurance of their loving subjects , agreed , that this old fvndamental right ( observe the words ) should be further declared , and established by act of parliament , wherein it is provided , that no such charge should ever be laid upon the people without their common consents , as may appear by sundry records of former times . we therefore your majesties most humble commons assembled in parliament , * following the example of this worthy care of ovr ancestors , and ovt of ovr dviy to those for whom we serve , finding that your majesty , without advice of your lords and commons , hath lately ( in times of peace ) set both greater impositions , and far more in nvmber then any yovr noble ancestors did ever in time of war , do with all humility present this most just and necessary petition unto your majesty , that all impositions set withovt assent in parliament , may be qvite abolished and taken away . and that your majesty likewise in imitation of your royal progenitors , will be pleased , that a law in your time , and during this session of parliament , may be also made , to declare , that all impositions of any kind set , or to beset vpon yovr people , their goods or merchandizes , save only by common consent in parliament , are and shall be voyd ; wherein your majesty shall not only give yovr svbjects great satisfaction in point of their right ; but also bring exceeding joy and comfort to them who now suffer , partly through the abating of the price of native commodities , and partly through the raising of all forein , to the overthrow of merehants , and shipping , the causing of general dearth , and decay of all wealth among your people who will be therby no less discouraged , then disabled to supply your majesty when occasion shall require . in which memorable petition , the whole house of commons resolve in direct terms : . that the subjects of england have old original fundamental rights , ( and more particularly in the property of their goods , exempted from all impositions whatsoever in times of peace or war , without their common consent in parliament ) declared and ectablished both by the ancient common law of england , and sundry acts of parliament , and records of former times . . they declare , the constant vigilant care , zeal of our ancestors and former parliaments in all ages , inviolably to maintain , defend , preserve the same against all encroachments , together with their own care , duty and vigilancy in this kind in that very parliament . . they relate the readiness of our kings to ratifie these their fundamental rights by new act of parliament , when they have been violated in any kind . . they declare the benefit accruing both to prince and people , by the inviolable preservation and establishment of this old fundamental right , and the mischiefs accruing to both by the infringement thereof , by arbitrary illegal impositions , without full consent in parliament . . they earnestly ( in point of conscience , prudence , and duty to those for whom thy served ) petition his majesty , for a new law and declaration against all new impositions & taxes on inland goods , or merchandizes imported or exported , without the peoples free consent in parliament , as null , void , utterly to be abolished and taken away . whether it will not be absolutely necessary for the whole english nation , and the next ensuing notional or real parliament , to prosecute , enact , establish such a declaration and law against all such future arbitrary , illegal , oppressive taxes , impositions , excizes , that have been imposed and continued for many years together on the whole kingdom , by new extravagant , self-created , usurping army-officers , and other powers , without free and full consent of the people in lawfull english parliaments , against all former laws , declarations , and resolutions in parliament , to their great oppression , enslaving , undoing , and that in far greater proportions , multiplicity , and variety , ●hen ever in former ages , without the least intermission ; and likewise against their late declared design , to perpetuate them on our exhausted nation , without alteration or diminution , ( beyond and against all presidents of former ages ) both in times of peace and war for the future , by the , , , ● , ● . articles of the instrument entituled , the government of the common-wealth of england , &c. i remit to their most serious considerations to determine , it ever they resolve to be english freemen again , or to imitate the wisdom , prudence , zeal , courage , and laudable examples of their worthy ancestors , from which they cannot now degenerate without the greatest infamy , and enslaving of themselves with their posterities for ever , to the arbitrary wills of present or future usurpers on their fundamental rights and liberties , in an higher degree then ever in any precedent ages , under the greatest conquerours or kings , after all their late , costly , bloudy wars for their defence against the beheaded king . the fifth is , a learned and necessary argument made in the commons house of parliament , anno . jacobi , to prove , that each subject hath a propriety in his goods ; shewing also , the extent of the kings prerogative in impositions upon the goods of merchants exported or imported , &c. by a late learned judge of this kingdom , printed at london by richard bishop , . and ordered to be published in print , at a committee appointed by the honourable house of commons , for examination and licensing of books . . maii , . in which parliamentary argument , p. , , . i finde these direct passages : that the new impositions contained in the book of rates , imposed on merchandizes imported and exported , by the kings prerogative , and letters patents , without consent in parliament , is against the natvral frame and constitvtion of the policy of this kingdome , which is jus publicum regni , and so subverteth the fundamental law of the realm , and introduceth a new form of state and government : can any man give me a reason , why the king can only in parliament make laws ? no man ever read any law , whereby it was so ordained ; and yet no man ever read , that any king practised the contrary ; therefore it is the original right of the kingdom , and the very natvral constitvtion of our state and policy , being one of the highest rights of soveraign power . if the king alone out of parliament may impose , * he altereth the law of england in one of these two main fundamental points ; he must either take the subjects goods from them , without assent of the party , which is against the law , or else he must give his own letters patents the force of a law , to alter the property of the subjects goods , which is also against the law . in this and sundry other arguments , ( touching the right of impositions ) in the commons house of parliament by the members of it , arguing against them , it was frequently averred , and at last voted and resolved by the house , . jacobi , that such impositions without consent in parliament , were against the original fundamental laws and property of the subject , and original right , frame , and constitution of the kingdom ; as the notes and journals of that parliament evidence : an express parliamentary resolution in point , for what i here assert . the sixth is , a conference desired by the lords , and had by a committee of both houses , concerning the rights & privileges of the subjects . aprilis , . caroli , . entred in the parliament journal of . caroli , and since printed at london , . in the introduction to which conference , sir dudley diggs , by the commons house order , used these expressions : my good lords , whilst we the commons , out of our good affections , were seeking for money , we found , i cannot say a book of the law , but many a fundamental point thereof neglegted and broken , which hath occasioned our desire of this conference : wherein i am first commanded to shew unto your lordships in general , that the laws of england are grounded on reason more antient then books , consisting much in unwritten customs , yet so full of justice and true equity , that your most honorable predecessors and ancestors propugned them with a nolumus mutari ; and so ancient , that from the saxons daies , notwithstanding the injuries and ruines of time , they have continued in most parts the same , &c. be pleased then to know , that it is an undoubted and fundamental point of this so ancient common law of england , that the subject hath a true property in his goods and possessions , which doth preserve as sacred that meum and tuum , that is the nurse of industry , and the mother of courage , and without which there can be no justice , of which meum and tuum is the proper object . but the undoubted right of free subjects , hath lately not a little been invaded and prejudiced by pressures , the more grievous , because they have been pursued by imprisonment , contrary to the franchises of this land , &c. which the commons house proved by many statutes and records in all ages , in that conference , to the full satisfaction of the lords house ; since published in print . the seventh is , the vote of the a whole house of commons , . december , . nullo contradicente , entred in their journal , and printed in diurnal occurrences , p. . that the canons made in the convocation ( anno . ) are against the fundamental laws of the realm , the property and liberty of the subject , the right of parliament , and contained divers things tending to faction and sedition . the eighth authority is , b the votes of both houses of parliament , concerning the security of the kingdom of england , and dominion of wales , . martii . ordered by the lords and commons in parliament to be forthwith printed and published ( as they were then by themselves , and afterwards with other votes and orders ) resolved upon the question , nemine contradicente , that in case of extream danger , and of his majesties refusal , the ordinance agreed on by both houses for the militia , doth oblige the people , and ought to be obeyed , by the fundamental laws of this kingdom . a very vain , false , absurd , and delusory vote , if there be no such laws , as some now affirm . the ninth punctual authority is , a a second declaration of the lords and commons assembled in parliament , concerning the commission of array ; printed by their special order of januarii , . wherein are these observable passages . the main drift of the answer is to maintain , that the king by the common law may grant such a commission of array as this is , upon this ground , because it 's for the defence of the kingdome : and , that the power which he hath to grant it by the common law , is not taken away by the petition of right , or any former statute , but the king , notwithstanding any of them , may charge the subjects , for defence of the kingdome , so as the charge imposed come not to himself , nor to his particular advantage . these grounds thus laid , extend not to the commission of array alone , but to all other charges that his majestie shall impose upon his subjects , upon pretence of defence of the kingdom : for there is the same reason of law for any other charge that is pretended for defence , as for this . if his majestie by the common law may charge his subjects to finde arms , and other things in the commission enjoyned , because they are for defence of the kingdom ; by the same reason of law , he may command his people to build castles , forts , and bulworks , and after to maintain them with garisons , arms , and victuals , at their own charges : and by the same reason he may compel his subjects to finde ships , and furnish them with men , ammunition , and victuals , and to finde souldiers pay , coat and conduct-money ; provide victuals for souldiers , and all other things necessary for an * army ; these things being as necessary for defence , as any thing that can be done in execution of this commission . and for that exposition of the petition of right , and other statutes therein noted , ( if it should hold ) doth it not overthrow , as well the petition it self , as all other lawes that have been made for the subjects benefit against taxes and other charges , either in this or any other parliament ? these positions thus laid down and maintained , do shake the fundamental laws of the kingdom , ( the ancient birth-right of every subject ) both for the property of his goods , and liberty of his person : nay , they strike at the root of parliaments : what need his * majesty call parliaments to provide for defence of the realm , when himself may compel his subjects to defend it without parliaments ? if these grounds should hold , what need the subjects grant subsidies in parliament for defence of the kingdom in time of real danger , if the king for defence at any times , when he shall only conceive or pretend danger , may impose charges upon his subjects without their consent in parliament ? upon that which hath been said in this and our former declaration , we doubt not but all indifferent men will be satisfied , that this commission of array is full of danger and inconvenience to the subjects of england , and against the fundamental laws of the land , both for property of goods , and liberty of person , &c. . as it is against the fundamental laws of the realm , so no statute makes it good , &c. and the lords and commons do upon the whole matter here conclude , that they are very much aggrieved , that after so many declarations and solemn protestations made by his majesty to rule by the known laws of this land , his majesty by advice of his ill-councellors should be perswaded to set such a commission on foot , which is so clearly contrary to the fundamental laws of this land , the right of property , and liberty of the subject , contrary to form●r resolutions of parliament , and to the petition of right . i am certain the generality of the nation are now as much and more aggrieved , that some who were parties to this declaration , and others who have made as many or more declarations and protestations as his majesty ever did , to rule by the known laws of the land , should since this , far exceed his majesty in the like , or more exorbitances in the militia , excises , taxes , impositions , imprisonments , arbitrary extravagant proceedings , and capital executions in new-erected courts of injustice , as diametrically contrary as the kings commissions of array , to the fundamental laws of the land ( four times together so stiled and insisted on , as such , in this one declaration of both houses ) the right of property of the subject , contrary to former resolutions , and the petition of right ; yea ( which is most abominable ) to their own declarations , remonstrances , votes , protestations , vows , solemn leagues and covenants in parliament , to their own eternal infamy , as well as the peoples intolerable oppression and slavery , who thereupon may justly conclude and protest against them , as both houses did in the close of that declaration against the array , viz. * and the lords and commons do and shall adhere to their former votes and resolutions , that all those that are actors in putting of this commission of array in execution , shall be esteemed disturbers of the peace of the kingdome , and the properties and liberties of the subject . the tenth evidence is , a the vote and letter of both houses of parliament sent to his majesty at oxford . march . in answer to his majesties of the third of march , wherein there is this passage : we the lords and commons assembled in the parliament of england , &c. have resolved , with the concurrent advice and consent of the commissioners of scotland , to represent to your majesty in all humility and plainness as followeth ; that this present parliament convened according to the known and fundamental laws of the kingdom ( the continuance whereof is established by a law consented to by your majesty ) is in effect denied to be a parliament , &c. and hereupon we think our selves bound to let your majesty know , that since the * continuance of this parliament is setled by a law , ( which , as all other laws of your kingdom , your majesty is sworn to maintain , as we are sworn to our allegiance to your majesty , these obligations being reciprocal ) we must in duty , and accordingly are resolved , with our lives and fortunes , to defend and preserve the just rights and full power of this parliament : to which the earl of essex ( then general ) by both houses direction , in his letter to the earl of forth , jan. . . adds this corollary , my lord , the maintenance of the parliament of england , and the priviledges thereof , is that for which we are all resolved to spend our bloud , as being the foundation whereon all our laws and liberties are built : which both the lords and commons assembled in parliament , in their declaration of . martii . touching their proceedings upon his majesties letter concerning a treaty of peace ; ( wherein this earls former letter is recited ) thus second : the parliament of england is the only basis , the chief support and pillar of our laws and liberties , &c. and if notwithstanding all these obligations , the king shall * at his pleasure dissolve this parliament , the kingdom is not only deprived of the present , but made uncapable of enjoying the benefit of any future parliament or laws , any longer then shall stand with the will and pleasure of the king , and consequently the fundamentals of all our laws & government are subverted . let the parliament-dissolving officers , army , and their confederates seriously ponder this , with all who shall hereafter sit in parliament , consider it in the first place . the eleventh is , the a ordinance of both houses of parliament , . junii . for the forces raised in the county of salop , which begins thus : the lords and commons assembled in parliament , taking into their serious considerations , the great oppressions under which the inhabitants of the county of salop , by reason of insupportable taxes , &c. and the present condition of the county , by reason of the great number of irish rebels that have invaded it , and joyned with papists and other ill-affected persons now in those parts , doth threaten the extirpation of the protestant religion , and the subversion of the fundamental laws and government of the kingdom . for prevention whereof , &c. the twelfth is , b a declaration of the commons of england assembled in parliament , aprilis . of their true intentions concerning the ancient & fundamental government of the kingdom , securing the people against all arbitrary government , &c. wherein they complain , that the enemy being in despair to accomplish his designs by war , do misrepresent our intentions in the use we intended to make of the great successes god hath given us , and the happie opportunity to settle peace and truth in the three kingdoms ; to beget a belief that we now desire to exceed or swerve from our first aims and principles in the undertaking of this war , and to recede from the solemn league and covenant , and treaties between the two kingdoms ; and that we would prolong these uncomfortable troubles , and bleeding distractions , in * order to alter the fundamental constitution & frame of this kingdom , to leave all government in the church loose and unsetled , and our selves to exercise the same arbitrary power over the persons & estates of the subjects , which this present parliament hath thought fit to abolish , by taking away the star-chamber , high commission and other arbitrary courts , and the exorbitant power of the councel table : ( all which we have seen since experimentally verified in every particular in the highest degree , notwithstanding this declaration , by some in late and present power , notwithstanding this publication : ) all which being seriously considered by us , &c. we do declare , that our true & real intentions are , & our endeavor shall be , to settle religion in the purity thereof , * to maintain the ancient & fundamental government of this kingdom , to preserve the rights & liberties of the subject ; to lay hold on the first opportunity of procuring a safe and well-grounded peace in the three kingdoms , and to keep a good understanding between the two kingdoms of england and scotland , according to the grounds expressed in the solemn league and covenant : and lest these generals should not give a sufficient satisfaction , we have thought fit , to the end men might no longer be abused in a misbelief of our intentions , or a misunderstanding of our actions , to make this further enlargement upon the particulars . and first , concerning church-government , &c. because we cannot consent to the granting of an arbitrary and unlimited power and jurisdiction , to neer ten thousand judicatories to be erected within this kingdom , and this demanded in such a way , as is not consistent with the fundamental laws & government of the same , &c. our full resolutions still are , sincerely , really and constantly to endeavour the reformation of religion , in the kingdoms of england & ireland , in doctrine , worship , discipline , and government , according to the word of god , and the example of the best reformed churches , and according to the covenant . we are * so far from altering the fundamental government of this kingdom by king , lords & commons , that we have only desired , that with the consent of the king , such power may be setled in the two houses , without which we can have no assurance , but that the like , or greater mischiefs then those which god ●ath hitherto delivered us from , may break out again , and engage us in a second and more destruct● ve war ; whereby it plainly appears , our intentions are not to change the ancient frame of government within this kingdom , but to obtain the end of the primitive institution of all government , the safety & weal of the people ; not judging it wise or safe , after so bitter experience of the bloudy consequences of a * pretended power of the militia in the king , to leave any colourable autho●ity in the same for the future attempts of introducing an arbitrary government over this nation : we do declare , that we will not , nor any by colour of any authority derived from us , shall interrupt the † ordinary course of justice , in the several courts and judicatories of this kingdom , nor intermeddle in cases of private interest otherwhere determinable , unless it be in case of male-administration of justice ; wherein we shall see and provide , that right be done , and punishment inflicted , as there shall be occasion , according to the laws of the kingdom . lastly , whereas both nations have entred into a solemn league and covenant ; we have , and ever shal be very careful duly to observe the same : that as nothing hath been done , so nothing shall be done by us repugnant to the true meaning and intention thereof , &c. who will not depart from those grounds and principles , upon which it was framed and founded . though the generality of the afterwards-secured and secluded majority of the house of commons , endeavoured constantly to make good this declaration in all particulars ; yet how desperatly the garbled minority thereof , continuing in power after their seclusion , prevaricated , apostatized , and falsified their faith and engagements herein in every particle in the highest degree , we cannot but with greatest grief of heart , and detestation remember , to the subversion , ●uine of our king , lords , commons , kingdom , parliaments , fundamental laws , government , and the peoples liberties , &c. almost beyond all hopes of restitution or reparation in humane probability , without a miracle from heaven . the lord give them grace most seriously to consider of , repent , and really , sincerely , reform it now at last , and not still add drunkenness to thirst , lest they bring them to temporal and eternal condemnation for it in gods own due time , and engender endless wars , troubles , taxes , changes , confusions in our kingdoms , as they have hitherto done . by this full jury of parliamentary authorities , to omit many others of like or a inferiour nature , and less moment , it is undeniable ; that the people of england have both ancient fundamental rights , liberties , franchises , laws , and a fundamental government ; which like the laws of the medes and persians , neither may , or ought to be altered , violated , or innovated upon any pretence , but perpetually maintained , defended , with greatest care , vigilancy , resolution ; and he who shall still deny or oppugne it , deserves no refutation by further arguments , since it is a received maxime in all arts , contra principia negant●●● , non est disputandum ; but rather demerits a sentence of cond●●nation , and publike execution at tyburn , as a common enemy , traytor to our laws , liberties , nation ; it being no less then 〈◊〉 transcendent crime , and high treason by our laws , for any person or persons , secretly or openly , to attempt the 〈◊〉 or subversion of our fundamental laws , rights , liberties , government , especially by fraud , treachery , force , or armed power and violence ( the later part of my first proposal ) which i shall now confirm by these twelve following presidents and evidences , corroborating likewise the former part , that we have such fundamental laws , liberties , rights , franchises , and a fundamental government too . in the b fifth year of king richard the second , the vulgar rabble of people and villains in kent , essex , sussex , norfolk , cambridgeshire , and other countreys , under the conduct of wat tyler , jack straw and other rebels , assembling together in great multitudes , resolved by force and violence to abrogate the law of villenage , with all other lawes they disliked , formerly setled ; to burn all the records , kill and beh●ad all : he judges , iustices , and men of law of all sorts , which they could get into their hands ; to burn and destroy the innes of court , ( as they did then the new temple , where the apprentices of the law lodged , burning their monuments and records of law there found ) to alter the tenures of lands , to devise new laws of their own , by which the subjects shold be governed , to change the ancient hereditary , monarchicall government of the realm , and to elect petty elective tyrannies and kingdoms to themselves in every shire : ( a project eagerly prosecuted by some anarchical anabaptists , jesuits , and levellers very lately , ) and though withall they intended to destroy the king to last , and all the nobles too , when they had gotten sufficient power , yet at first to cloak their intentions for the present , they took an oath of all they met ; quod regi & communibus fidelitatem servarent , that they should keep allegeance and faith to the king and commons ; this their resolution and attempt thus to alter and subvert the laws & government , upon full debate in the parliament of . r. . n , . was declared to be high treason , against the king and against the law , for which divers of the chief actors in this treasonable design were condemned and executed , as traitors , in several places , and the rest enforced to a publike submission , and then pardoned . . in the a parliament xl . r. . ( as appears by the parliament rolls and printed statutes at large ) three privie coun●cellors , the archbishop of york , the duke of ireland , and earl of suffolk , the bishop of exeter the kings confessor , five knights , six judges , ( where of sir robert trisilian , chief justice was one ) blake of the kings councel at law , vsk and others , were impeached and condemned of high treason , some of them executed as traytors , the rest banished , their lands and goods ferfeited , and none to endeavour to procure their pardon , under pain of felony , for endeavouring to overthrow a commission for the good of the kingdome , and contrary to an act of parliament of force of arms and opinions in law delivered to the king , tending to subvert the laws and statutes of the realm , overthrow the power , priviledges , and proceedings of parliament , and betray ( not all the house of lords , but only ) some of the lords of parliament , which judgment being afterwards reversed in the forced , and packed parliament of . r. . was reconfirmed in the parliament of h. . c . , . and the parliament of . r. . totally repealed , and adnulled for ever , and hath so continued . . in the a parliament of r. . n , . and pas. . r. . b. r s. rot . sir thomas talbot was accused and sound guilty of high treason for conspiring the death of the dukes of glocester , lancaster and other peers , who maintained the commission confirmed by act of parliament , x r. . and assembling people in a warlike manner in the county of chester , for the effecting of it , in destruction of the estates of the realm ; and of the lawes of the kingdome . . in the . year of king henry the sixth , jack cade , under a pretence to reform , alter , and abrogate some laws , purveyances and extortions importable to the commons ( whereupon he was called john amend all ) drew a great multitude of kentish people to black heath in a warlike manner to effect it : in the parliament of . h. . c. . this was adjudged high treason in him and his complices ; by act of parliament : and the parliament of . h. . c , . made this memorable act against him , and his imitators in succeeding ages ; worth serious perusual and consideration by all who tread in his footsteps and over-act him in his treasons . whereas the most abominable tyrant , horrible , odious , and erraut false traitor , iohn cade , calling himself sometimes mortimer , sometime captain of kent , ( which name , fame , acts and feats , to be removed out of the speeh and mind of every faithful christian man , perpetually , ) fasly and trayterously purposing and imagining the pertual destruction of the kings person and finall subversion of this realm , taking upon him * royall power , and gathering to him the kings people in great number , by false , svbtil , imagined langvage , and seditiously made a stirring rebellion , and insurrection , under colour of justice for reformation of the laws of the said king , robbing , slaying , spoiling a great part of his faithfull people : our said soveraign lord the king , considering the promises with many other , which were more odious to remember , by advice and assent of the lords spirituall and temporall , and at the reqvest of the commons , and by authority aforesaid , hath ordained and established , that the said iohn cade shal be had named and declared a false traytor to cur said soveraign lord the king ; and that all his tyranny , acts , facts , false opinions , shall be voyded , abated , adnulled , destroyed , and put out of remembrance for ever , and that all indictments in time coming , in like case under power of tyranny , rebellion and stirring had , shall be of no regard , nor effect , but void in law : and all the petitions * delivered to the said king in his last parliament holden at westminster , the sixth day of november , the , of his reign , against his mind , by him not agreed , shall be taken and put in oblivion out of remembrance , undone , voided , adnulled and destroyed , for ever as a thing purposed against god and his couscience , and against his royall estate and preheminence , and also dishonourable , and unreasonable . . in the a year of king henry the . william bell and thomas lacy , in the county or kent conspired with thomas cheyney ( the hermite of the queen of fairies ) to overthrow the laws and cvstoms of the realm : for effecting whereof , they with . more met together , and concluded upon a cause , or raising greater forces in kent , and the adjacent shires , this was adiudged high treason , and some of them executed as traytors , moreover it b was resolved by all the judges of in the reign of henry s. that an insurrection against the statute of labourers , or for the inhansing of salaries and wages was treason , a levying war against the king , because it was generally against the kings law , and the offenders tooke upon them the reformation thereof , which subjects by gathering of power , ought not to do . . on a december . in the . yeer of king henry the . sir thomas moor , lord chancellor of england , with . more , lords of the privy councel , iohn fitz iames , chief justice of england , and sir anthony fitzherbert , one of the judges of the common pleas , exhibited sundry articles of impeachment to king henry the . against cardinall wolsy , that he had by divers and many sundry ways and fashions committed high treason , and notable grievous offences , misusing , altering and subverting the order of his graces laws , and otherwise ; contrary to his high honour , prerogative , crown , estate and dignity royall , to the inestimable great hinderance , dimunition and decay of the universal wealth of this his graces realm . the articles are . in number : the , , , , , , , . contain , his illegal , arbitrary practices and proceedings to the subversion of the due course and order of his graces laws , to the undoing of a great number of his loving people . whereupon they pray , please therefore your most excellent majesty of your excellent goodness towards the weal of this your realm , and subjects of the same , to see such order and direction upon the said lord cardinal , as may bee to terrible example of others , to beware to offend your grace and your lawes hereafter : and that he be so provided for , that he never have any power , jurisdiction or authority hereafter , to trouble , vex , or impoverish the commonwealth of this your realm ; as he hath done heretofore , to the great hurt and dammage of every man almost , high and low . his * poysoning himself prevented his iudgment for these his practises . . the b statute of . marie● . . enacts , that if . or more shall endeavour by force to alter any of the laws or statutes of the kingdome : the offender shall from the time therein limited be adjudged onely as a felon : whereas it was treason before , but this act continuing but till the next parliament , and then expiring , the offence remains treason as before . . in the a . of queen elizabeth divers in the county of oxford consulted together , to go from house to house , in that county , and from thence to london and other parts to excite them to take arms for the throwing down of inclosures throughout the realm ; nothing more was prosecuted , nor assemblies made ; yet in easter term . elizabeth , it was resolved by all the judges of england ( who met about the case ) that this was high treason , and a levying warre against the queen , because it was to throw down all inclosures throughout the kingdome to which they could pretend no right , and that the end of it was to overthrow the laws and statutes for inclosures . whereupon bradshaw and bvrton ( two of the principall offenders ) were condemned and executed at aic●ston hill in oxfordshire , where they intended their first meeting . . to come nearer to our present times and case . in the last parliament of king charls . anno ● . b the whole house of commons impeached thomas earle of stafford , lord deputy of ireland of high treason , amongst other articles , for this crime especially ( wherein all the other centred , ) that he treasonably endeavoured by his words , actions and counsels , to subvert the fundamentall lawes of england , and ireland , and introduce an arbitrary and tyrannicall government . this the whole parliament declared and adjudged to be high treason , c in and by their votes , and a speciall act of parliament for his attainder ; for which he was condemned and soon after executed on tower hill as a traytor to the king and kingdome , may ● . . the whole house of common● the same parliament impeached ` william l●●d archbishop of canterbury , of high treason , in these 〈…〉 . first , that he hath traytorously endeavoured 〈…〉 fundamental lawes and government of this kingdome of england , and instead thereof to introduce an arbitrary and tyrannical government against law : and hee to that end hath wickedly and traiterously advised his majesty , that hee might at his own will and pleasure , levy and take money of his subjects without their consent in parliament , and this hee affirmed was warrantable by the law of god . secondly , he hath for the better accomplishment of that his trayterous design , advised and procured sermons and other discourses , to be preached , printed and published , in which the authority of parliaments , and the force of the laws of this kingdome have been denyed , and absolute and unlimited power over the persons and estates of his majesties subjects maintained and defended , not onely in the king , but in himself , and other bishops against the law . thirdly , he hath by letters , messages , threats and promises , and by divers other ways to judges , and other ministers of justice , interrupted , perverted , and at other times by means aforesaid hath endeavoured to interrupt and pervert the course of justice in his majesties courts at westminster and other courts , to the subversion of the lawes of this kingdome , whereby sundry of his majesties subjects have been stopt in their just suits , deprived of their lawfull rights , and subjected to his tyrannicall will , to their ruine and destruction . fourthly , that he hath trayterously endeavoured to corrupt the other courts of justice , by advising and procuring his maiesty to sell places of judicature , and other offices , contrary to the laws and customes in that behalf . fifthly , he hath trayterously caused a book of canons to be compiled and published , without any lawfull warrant and authority in that behalf ; in which pretended canons many matters are contained , contrary to the kings prerogitive , to the fundamentall laws and statutes of this realm , to the rights of parliament , to the property , and liberty of the subject , and matters tending to sedition and of dangerous consequence ; and to the establishing of a vast , unlawful , presumptuous power in himself and his successors , &c. seventhly , that he hath trayterously endeavoured to alter & subvert gods true religion by law est ablished , and instead thereof to set up popish religion and idolatry , and to that end hath declared , and maintained in speeches and printed books , divers popish doctrines , and opinions , contrary to the articles of religion , established by law . hee hath urged and enjoyned divers popish and superstitious ceremonies , without any warrant of law ; and hath cruelly persecuted those who have opposed the same , by corporal punishments , and imprisonments , and most unjustly vexed others , who refused to conform thereunto by ecclesiastical censures , excommunication , suspension , deprivation , and degradation , contrary to the laws of this kingdome . . he did by his own authority and power , contrary to law , procure sundry of his majesties subjects , and enforced the clergy of this kingdome to contribute towards the maintenance of the war against the scots . that to preserve himselfe from being questioned for these and other his trayterous courses , hee hath laboured to subvert the rights of parliament , and the ancient course of parliamentary proceedings , and by false and malicious slanders to incense his majesty against parliaments . all which being proved against him at his tryall , were after solemn argument by mr. samuel brown in behalf of the commons house proved , and soon after adjudged , to be high treason at the common law , by both houses of parliament ; and so declared in the ordinance for his attainder : for which he was condemned and beheaded as a traytor against the king , law , and kingdom , on tower-hil , january . . . in the a same parliament , december . ian. : february . . and iuly . . sir john finch , then lord keeper , chief justice bramston , judge berkley , judge●crawley , chiefe baron davenport , baron weston , and baron turnour , were accused and impeached by the house o● commons , by several articles transmitted to the lords of high treason , for that they had traitorously and wickedly endeavoured to subvert the fundamentall laws and established government of the realm of england ▪ and instead thereof to introduce an arbitrary and tyrannicall government against law ; which they had declared by traiterous and wicked words , opinions judgment , and more especially in this their extrajudical opinion subcribed by them in the case of ship-money , viz. we are of opinions that when the good and safety of the kingdome in general is concerned , and the whole kingdome in danger ; your majesty may by wr●● under the great seal of england ( without consent in parliament ) command all your subjects of this your kingdome , at their charge to provide and furnish such a number of ships , with men victual and ammunition , and for such time as your majesty shall think fit , for the defence and safeguard of the kingdome , from such danger and peril : and we are of opinion , that in such case , your majesty is the sole judge both of the danger and when , and how , the same is to be prevented and avoided ; and likewise for arguing and giving judgment accordingly in master iohn hampdens case , in the exchequer chamber , in the point of ship money in april . which said opinions are destructive to the fundamentall laws of the realm , the subjects right of propriety ; and contrary to former resolutions in parliament , and the petition of right ; as the words of their several impeachments run . sir john finch fled the realm to preserve his head on his shoulders some others of them died through fear , to prevent the danger soon after their impeachments and the rest put to fines , who were less peccant . . mr. iohn pim , in his declaration upon the whole matter of the charge of high treason against thomas earle of stafford , april . . before a committee of both houses of parliament in westminster hall ; printed and published by order of the house of commons , proves his endeavour to subvert the fundamentall law of england , and to introduce an arbitrary power ; to be high treason , and an offence very hanious in the nature , and mischievous in the effects thereof ; which ( saith he ) will best appear , if it be examined by that universall and supream law , salus populi : the element of all lawes , out of which they are derived : the end of all lawes , to which they are designed , and in which they are perfected . . it is an offence comprehending other all offences . here you shall finde severall treasons , murthers , rapins , oppressions , perjuries . there is in this crime , a seminary of all evills , hurtfull to a state ; and if you consider the reasons of it , it must needs be so . the law , is that which puts a difference betwixt good and evill : betwixt just and unjust . if you take away the law , all things wiill fall into confusion ; every man will become a law to himself , which in the depraved condition of humane nature must needs produce many great enormities . * lust will become a law , and envy will become a law , covetousnesse and ambition will become lawes ; and what dictates , what decisions such lawes will produce , may easily be discemed in the late government of ireland , ( and england too since this . ) the law hath a power to prevent , to restrain , to repair evils : without this all kinds of mischiefes and distempers will break it upon a state . it is the law that doth the king to the alegiance and service of his people : it intitles the people to the portection and justice of the king , &c. the law is the bondary , the measure betwixt the kings prerogative , and the peoples liberty , whiles these move in their own orb , they are a support and security to one another : but if these bounds be so removed that they enter into contestation and conflict , one of these mischiefs must needs ensue . if the prerogative of the king overwhelme the liberty of the people , it will be turned into tyranny : if liberty undermine the peprogative it will turne into anarchy . the law is the safegard , the custody of all private interests , your honours , your lives , your liberties , and estates are all in the keeping of the law , without this every man hath a like right to any thing : and this is the condition into which the irish were brought by the earle of strafford , ( and the english by others who condemned him . ) and the reason which he gave for it , hath more mischiefe than the thing it selfe : they are a conquered nation ( let those who now say the same of england , as well as scotland , and ireland , consider and observe what follows , ) there cannot be a word more pregnant and fruitfull in treason , then that word is , there are few nations in the world , that have not been conquered , and no doubt but the conquerour may give what laws he please , to those that are conquered . but if the succeeding acts and agreements do not limit & restrain that right , what people can be secure ? england hath been conquered , and wales hath been conquered ; and by this reason will be in little better case then ireland . if the king by the right of a conquerour give lawes to his people , shall not the people by the same reason be restored to the right of the conquered , to recover their liberty if they can ? what can be more hurtfull , more pernicious than such propositions as these ? . it is dangerous to the kings person : and dangrous to his crown : it is apt to cherish ambition , usurpation and oppression in great men : and to beget sedition , discontent in the people , and both these have been , and in reason must ever be causes of great trouble and alterations to prince and state . if the histories of those easterne countries be perused , where princes order their affaires according to the mischievous principles of the earle of straffords loose and absolved from all rules of government ; they will be found to be frequent in combustions , full of massacres , and of the tragicall end of princes . if any man shall look into our own stories in the times , when the laws were most neglected , he shall finde them full of commotions , of civil distempers : whereby the kings that then raigned were alwayes kept in want and distresse , the people consumed with civill warres ; and by such wicked counsels as these , some of our princes have been brought to such miserable ends , as * no honest heart can remember without horror and earnest prayer , that it may never be so again . . as it is dangerous to the kings person and crown , so it is in other respects very prejudiciall to his majesty , in honour , profit and greatnesse ( which he there proves at large , as you may there read at leasure ) and yet these are the guildings and paintings , that are put upon such counsells : these are for your honour , for your service . . it is inconsistent with the peace , the wealth , the prosperity of a nation . it is destructive to justice , the mother of peace : to industry , the spring of wealth ; to valour , which is the active vertue , whereby the prosperity of a nation can onely be procured , confirmed , and enlarged . it is not onely apt to take away peace , and so intangle the nation with warres , but doth corrupt peace , and powres such a malignity into it , as produceth the effects of warre : both to the * nobility and others having as little security of their persons or estates , in this peaceable time , as if the kingdome had beene under the fury and rage of warre . and as for industry and valour , who will take paines for that , which when he hath gotten , is not his own ? or who fights for that wherein he hath no other interest , but such as is subject to the will of another ? &c. shall it be treason to embase the kings coine ; though but a piece of twelve pence or six pence , and must it not needs be the effect of greater treason to * embase the spirits of his subjects , and to set a stamp and character of servitude upon them , whereby they shall be disabled to do any thing for the service of the king or common wealth ? . in times of sudden danger , by the invasion of an enemy , it will disable his majesty to preserve himself and his subjects from that danger . when warre threatens a kingdome , by the comming of a forreign enemy , it is no time then to discontent the people , to make them weary of the present government , and more inclinable to a change . the supplies which are to come in this way , will be unready , uncertain ; there can be no assurance of them , no dependence upon them , either for time or proportion . and if some money be gotten in such a way , the distractions , the divisions , distempers , which this cause is apt to produce , will be more prejudiciall to the publick safty , than the supply can be advantageous to it . . this crime is contrary to the pact and covenant between the king and his people , by mutall agreement and stipulation , confirmed by oath on both sides . . it is an offence that is contrary to the ends of government . . to prevent oppressions ; to * limit and restraeine the excessive power and violence of great men : to open passages of justice with indifference towards all . . to preserve men in their estates , to secure them in their lives and liberties . . that vertue should be cherished , and vice suppress●d : but where laws are subverted , and arbitrary and unlimited power set up ; a way is open not onely for the security , but for the advancement and incouragement of evill . such men as are * aptest for the execution and maintenance of this power are onely capable of preferment , and others , will not be instruments of any unjust commands , who make conscience to doe any thing against the law of the kingdome , and libbeties of the subject , are not only not passable for imployment ; but subject to much jealousy and danger , ( is not this their condition of late and present times ? expertus quor . ) . that all accidents and events , all counsels , and designs , should be improved to the publick good . but this arbitrary power is apt to dispose all to the maintenance of it self . and is it not so now ? . the treasons of subversions of the lawes , violation of liberties can never be good or justifiable by any circumstance or occasion , being evil in their own nature , how specious or good so ever they be pretended . he alledgeth it was a time of great necessity and danger , when such counsels were necessary for the preservation of the state , ( the plea since , and now used by others , who condemned him : ) if there were any necessity it was of his own making . he by his evill counsel had brought the king ( as others the kingdome since ) into a necessity ; and by no rules of justice can be allowed to gain this advantage to his justification ; which is a great part of his offence . . as this is treason in the nature of it , so it doth exceed all other treasons in this ; that in the designe and endeavour of the authour , it was to be a constant and permanent treason ; a standing , perpetuall treason , which would have been in continuall act , not determined within one time or age , but transmitted to posterity , even from generation to generation . and are not others treasons of late times such , proclaimed such , in and by their owne printed papers , and therein exceeding straffords ? . as it is a crime odious in the nature of it , so it is odious in the judgement and estimation of the law . to alter the settled frame and constitution of government in any state . ( let those consider it who are guilty of it in the highest degree , beyond strafford , canterbery , or the shipmoney judges in our own state ) the lawes whereby all parts of a kingdom : are preserved , should be very vaine and defective , if they had not a power to secure and preserve themselves . the forfeitures inflicted for treason by our law , are of life , honour , and estate , even all that can be forfeited : and this prisoner , although he should * pay all these forfeitures , will still be a debtor to the common wealth . nothing can be more equall , then that he should perish by the justice of the law , which he would have subverted . neither will this be a new way of blo●d . there are marks enough to trace this law to the very originall of this kingdome . and if it hath not been put in execution , as he alledgeth this yeares ; it was not for want of law , but that all that time had not bred a man * bold enough to commit such crimes as these : which is a circumstance much aggravating his offence , and making him no lesse liable to punishment , because he is the * onely man , that in so long a time hath ventured upon such a treason as this . thus far mr. john pym ; in the name and by the order and authority of the whole commons house in parliament , which i wish all those , who by their words , actions , counsels ( and printed publications too , have trayterously endeavored to subvert the fundamentall lawes , liberties of england and ireland , and to introduce an arbitrary and tyrannical government against law , as much as ever strafford did , and out stripped him therein , ( ever since his execution ) in all particulars , for which he was beheaded ; would now seriously lay to heart , and speedily reform , lest they equall or exceed him conclusion , in capitall punishments for the same , or endlesse hellish torments . the next authority i shall produce in point is , the speech and declaration of mr. oliver st. john at a conference of both houses of parliament , concerning ship-mony upon judge finches impeachment of high treason , january . . printed by the commons orders , london , . wherein he declares the sense of the commons . p. . &c. that by the judges opinions ( forecited ) concerning ship-mony the fundamental laws of the realm concerning our property and our persons are shaken . whose treasonable offence herein , he thus aggravates . p. . &c. the judges , as is declared in the parliament of r. . are the executors of the statutes , and of the judgements and ordinances of parliament . they have here made themselves the * execvtioners of them : they have endevoured the destrvction of the fvnd amentals of ovr laws and liberties . holland in the low-countries lies under the sea : the superficies of the land , is lower than the superficies of the sea . it is capitall therefore for any man to cut the banks , because they defend the country . besides our own , even forreign authors , as comines observes , that the statute de tallagio , and the other old laws are the sea walls and banks , which keep the commons from the inundation of the prerogative . these * pioners have not onely undermined these banks , but they have levelled them even with the ground . if one that was known to be hostis patriae , had done this , thought the dammage be the same , yet the guilt is lesse ; but the conservatores riparum , the overseers instructed with the defence of these banks , for them to destroy them ; the breach of trust aggravates , nay alters the nature of the offence . breach of trust , though in a private person , and in the least things , is odious amongst all men : much more in a publick person , in things of great and publick concernement , because * great trust binds the party trusted to greatest care and fidelity . it is treason in the constable of dover-castle to deliver the keys to the known enemies of the kingdome , because the castle is the key of the kingdome : whereas if the house-keeper of a private person , deliver possession to his adversary , it is a crime scarce punishable by law . the * judges under his majesty , are the persons trusted with the laws , and in them with the lives , liberties and estates of the whole kingdome . this trust of all we have , if primarily from his majesty , and * in him delegated to the judges . his majesty at his coronation is bound by his oath to execute justice to his people according to the laws , thereby to assure the people of the faithfull performance of his great trust : his majesty again , as he trusts of judges with the performance of this part of his oath ; so doth he likewise exact another oath of them , for their due execution of justice to the people , according to the laws : hereby the judges stand intrusted with this part of his majesties oath . if therefore the judges shall do wittingly against the law , they do not onely break their own oaths , and therein the common faith and trust of the whole ki●●dome , but do as much as in them lies , sperse and blemish the sacred person of his majesty with the odious and hateful fin of * perjury . my lords , the hainousnesse of this offence is most legible in the * severe punishment which formour ages have inflicted upon those judges , who have broken any part of their oaths wittingly , though in things not so dangerous to the subject , as in the case in question . * sir thomas wayland , chief justice of the common-pleas , e. . was attainted of felony for taking bribes , and his lands and goods forefeited , as appears in the pleas of parlament , e. . and he was banished the kingdome , as unworthy to live in the state against which he had so much offended . * sir william thorp chief justice of the kings bench in edward the thirds time , having of five persons received five severall bribes , which in all amounted to one hundred pounds , was for this alone , adjudged to be hanged , and all his goods and lands forfeited : the reason of the judgement is entered in the roll in these words . quia praedictus wilielmus * throp qui sacramentum domini regis erga populum suum habuit ad custodiendum , fugit malitiosè falsò & rebeliter , quantum in ipso suit , there is a notiable declaration in that judgement , that this judgement was not to be drawn into example , against any other officers , who should break their oaths , but onely against those , qui predictum sacramentum fecerunt , & fregerunt , & * habent leges angliae ad custodiendum : that is onely to the judges oaths , who have the laws intrusted unto them . this judgement was given . e. . the next year in parliament e. . numb. . it was debated in parliament , whether this judgement was legall ? et nullo contradicente , is was declared , to be just and according to the law : and that the * same judgement may be given in time to come upon the like occasion . this case is in point , that it is death for any judge wittingly , to break his oath in any part of it . this oath of thorp is entred in the roll , and is the same verbatim with the judges oath in e. . and is the same which the judges now take . ( and let those who have taken the same oath , remember and apply this president , lest others do it for them . ) your lordships will give me leave to observe the differences between that and the case in question . . that of thorp , was only a selling of the law by retail to those five persons ; for he had five severall bribes , of these five persons ; the passage of the law to the rest of the subjects for ought appears , was free and open . but these opinions are a conveyance of the law by wholesale , and that not to , but from the subject . . in that of thorp , as to those five persons , it was not an absolute den●all of justice , it was not a damming up , but a straightning only of the chanel . for whereas the judges ought judicium reddere , that is , the laws being the birthright and inheritance of the svbject , the judge when the parties in suit demand judgment , should re● dare , freely restore the right unto them ; now he doth not dare , but vendere , with hazard only of perverting justice ; for the party that buyes the judgement , may have a good and honest cause . but these opinions , besides that they have cost the subjects very dear , dearer then any , nay , i think i may truly say , then all the unjust judgements that ever have been given in this realm , witnesse the many hundred thousand pounds , which under colour of them have been levied upon the subjects , amounting to * seven hundred thousand pounds and upwards , that have been paid unto the treasurer of the navy , ( in sundry years ) besides what the subjects have been forced to pay sheriffes , sheriffes-bayliffes , ( and now an hundred times more to troopers , and souldiers , who forcibly levy their unlawfull contributions , and excises ) and otherwise ; which altogether as is conceived , amounts not to lesse then a million ( in five years space , whereas now we pay above two millions in taxes , imposts , excises , every year ) besides the infinite vexations of the subject by suits in law , binding them over , attendance at the councel table , taking them from their necessary imployments , in making sesses , and collections , and imprisonment of their persons ( all now trebled to what then ) i say besides what is past , to make our miseries compleat , they have as much as in them is made them endlesse ( as others since have done ) for by these opinions they have put vpon themselves and their successors , an impossibility of ever doing us right again , and an incapacity upon us of demanding it so long as they continue ( as the compilers of the late instrument , with . strings , intituled , the government of the common-wealth of england , &c. artic. , , , , , , , , , , , , , , , , , . have done , as far as they , and much beyond them . ) in that sore famine in the land of egypt , when the inhabitants were reduced to the next door to death ( for there they say , why should we die ? ) for bread , first they give their mony , next their flocks and cattle , last of all their persons and lands for bread ; all became pharaohs ; but by this lex regia , there is a transaction made , not only of our persons , but of our bread likewise , wherewith our persons should be sustained ; that was for bread , this of our bread . for since these opinions , if we have any thing at all , we are not at all beholding to the law for it , but are wholly cast upon the mercy and goodnesse of the king . again , there the egyptians themselves , sold themselves , and all they had to the king , if ours had been so done ; if it had been so done by our own free consent in parliament , we had the lesse cause to complain : but it was done against our wills , and by those who were trusted , and that upon oath , with the preservation of these things for us . the lawes are our forts , and bulwarks of defence : if the captain of a castle , only out of fear and cowardize , and not from any compliance with the enemy surrender it , this is treason , as was adjudged in parliament , r. . in the two cases of comines and weston , and in the case of the lord gray , for surrendring barwick castle to the scots , in edward the thirds time , though good defence had been made by him , and that he had lost his eldest son in maintenance of the siege : and yet the losse of a castle ioseph not the kingdome , only the place and adjacent parts , with trouble to the whole . but by the opinions , there is a surrender made of all our legall defence of property : that which hath been preacht is now judged ; that there is no meum & tuum , between the king and people ; besides that which concerns our persons . the law is the temple , the sanctuary , whether subjects out to run for shelter and refuge : hereby it is become templum sine numine , as was the temple built by the roman emperour , who after he had built it , put no gods into it . we have the letter of the law still , but not the sense : we have the fabrick of the temple still , but the dii tutelares are gone . but this is not all the case , that is , that the law now ceaseth to aide and defend us in our rights , for then possession alone were a good title , if there were no law to take it away : occupanti concederetur , & melior esset possidentis conditio : but this : though too bad is not the worst : for besides that which is privitive in these opinions , there is somewhat positive . for now the law doth not only not defend us , but the law it self , ( by temporising judges and lawyers ) is made the instrument of taking all away . for whensoever his majesty or his successors , shall be pleased to say , that the good and safety of the kingdome is concerned , and that the whole kingdome is in danger , the when and how , the same is to be prevented , makes our persons and all we have liable to bare will and pleasure . by this means , the sanctuary is turned into a shambles ; the forts are sleighted , that so they might neither do us good nor hurt ; but they are held against us by those who ought to have held them for us , and the mouth of our own canon is turned upon our own selves : and that by our own military officers , souldiers , and others since , as well as the ship money judges then ) thus farre mr. oliver st. john ( by the commons order ) whose words i thought fit thus to transcribe at large , because not only most pertinent , but seasonable for the present times ; wherein as in a looking glasse , some pretended judges and grandees , of these present and late past times , may behold their own faces and deformities ; and the whole nation their sad condition under them . in the residue of that his printed speech , he compares the treason of the ship-money judges , and of sir robert tresylium and his complices in xi . r. . condemned and executed for traytors by judgement in parliament , for endevouring to subvert the lawes and statutes of the realm by their illegall opinions then delivered to king richard at nottingham castle , not out of conspiracy , but for fear of death and corporall torments wherewith they were menaced : whose offence he there makes transcendent to theirs then in six particulars , as those who please may there read at leisure , being over large to transcribe , i could here inform you , that the fundamentall lawes of our nation , are the same in the body politique of the realm , as the arteries , nerves , veins , are in , and to the naturall body , the bark to the tree ; the foundation to the house : and therefore the cutting of them asunder , or their subversion , must of necessity , kill , destroy , disjoyne and ruine the whole realme at once : therefore it must be treason in the highest degree . but i shall only subjoyn here some materiall passages , in his argument at law , concerning the attainder of high treason of thomas earl of strafford , before a committee of both houses of parliament in westminster hall , april . . soon after printed and published by order of the commons house : wherein p. . he laies down his position ; recited again , p. . that ( straffords ) endeavouring to subvert the fundamentall lawes and government of england and ireland , and instead thereof to introduce a tyrannicall government against law , is treason by the common-law . that treasons at the common-law , are not taken away by the statutes , by . e. . . h. . c. . . mar. c. . nor any of them . the authorities , judgements in and out of parliament which he cites to prove it , have been already mentioned , with some others he omitted ; i shall therefore but transcribe his reasons to evince it to be treason , superadded to those alledged by him against the ship money judges . pag. . it is a warre against the king ( let our military officers and souldiers consider it ) when intended . the alteration of the lawes or government in any part of them . this is a levying warre against the king ( and so treason within the statute of ▪ e ▪ . ) . because the king doth maintain and protect the lawes in every part of them . . because they are the kings lawes . he is the fountain from whence in their severall channels , they are derived to the subject . whence all our indictments run thus : trespasses laid to be done , contra pacem domini regis , &c. against the kings peace for exorbitant offences ; though not intended against the kings person ; against the king his crown and dignity . pag. . in this i shall not labour at all to prove , that the endevouring by words , counsels and actions , to subvert the fundamentall lawes and government of the kingdome is treason at the common law . if there be any common law treasons at all left , nothing treason if this not , to make a kingdome no kingdome . take the polity and government away , england's but a piece of earth , wherein so many men have their commerce and abode , without rank or distinction of men , without property in any thing further than in possession ; no law to punish the murdering , or robbing one another . pag. , , . the horridnesse of the offence in endeavouring to overthrow the lawes and present government , hath been fully opened before . the parliament is the representation of the whole kingdome , wherein the king as head , your lordships as the more noble , and the commons , the other members are knit together in one body polititick . this dissolved , the arteries and ligaments that hold the body together , the lawes . he that takes away the lawes , takes not away the allegiance of one subject only , but of the whole kingdome . it was made treason by the statute of . eliz. for her time to affirm , that the lawes of the realme doe not binde the descent of the crown . no law , no descent at all , no lawes no peerage , no ranks nor degrees of men , the same condition to all . it s treason to kill a judge upon the bench ; this kils not judicem sed jvdicivm . there be twelve men , but no law ; never a judge amongst them . it s felony to embezel any one of the judiciall records of the kingdome : this at once sweeps them all away and from all . it s treason to counterfeit a twenty shilling piece : here 's a counterfeiting of the law : we can call neither the counterfeit nor the true coin our own . it s treason to counterfeit the great seal for an acre of land : no property is left hereby to any land at all , nothing treason now , against king or kingdome ; no law to punish it . my lords , if the question were asked in westminster hall , whether this were a crime punishable in star chamber , or in the kings bench , by fine or imprisonment ? they would say , it were higher . if whether felony ? they would say , that is an offence only against the life or goods of some one , or few persons . it would i beleeve be answered by the judges , as it was by the chief justice thirning , r. . that though he could not judge the case treason there before him , yet if he were a peer in parliament ; he wovld so adjudge it . ( and so the peers did herein straffords , and not long after in canterburies case , who both lost their heads on tower hill . i have transcribed these passages of mr. oliver st. iohn at large for five reasons . . because they were the voice and sense of the whole house of commons by his mouth ; who afterwards owned and ratified them by their speciall order for their publication in print , for information and satisfaction of the whole nation , and terrour of all others who should after that , either secretly or openly , by fraud or force , directly or indirectly , attempt the subversion of all , or any of our fundamentall laws , or liberties , or the alteration of our fundamentall government , or setting up any arbytrary or tyranicall power , taxes , impositions , or new kinds of arbitrary judicatories , and imprisonments against these our lawes and liberties . . to mind and inform all such who have not only equalled , but transcended strafford and canterbury in these their high treasons , even since these publications , speeches , and their exemplary executions , of the hainousnesse , in excusablenesse , wilfulnesse , maliciousnesse , capitalnesse of their crimes ; which not only the whole parliament in generality , but many of themselves in particular , so severely prosecut , condemned , and inexorably punished of late years in them : that so they may bewail , repent of , and reform them with all speed and diligence , as much as in them lies . and withall , i shall exhort them seriously to consider that gospel terrifying passage , rom. . , , . therefore thou art inexcusable o man , whosoever thou art that judgest ; for wherein thou judgest another , thou condemnest thy self , for thou that judgest , doest the same things . but we are sure that the judgement of god is according to truth against them which commit such things . and thinkest thou this , o man , that judgest them which do such things , and doest the same , that thou shalt escape the judgment of god . . to excite all lawyers , expecially such who of late times have taken upon them the stile and power of judges , to examine their consciences , actions , how far all or any of them have been guilty of these crimes and treasons , so highly agravated , and exemplarily punished of former and latter times , in corrupt , cowardly time-serving , degenerate lawyers and judasses , rather then judges , to the disgrace of their profession , and prejudice of the fundamentall lawes , liberties , rights , priviledges of our nation , peers , parliaments , subversion of the fundamentall government of this famous kingdome , whereof they are members . . to instruct those jesuited anabaptists , levellers and their factors ( especially john canne , and the rest of the compilers , publishers , abetters of the pamphlet intituled , lieutenam colonel lilburn , tryed and cast , and other forementioned publications : ) who pro●es●edly set themselves by words , writing , counsels and overt acts to subvert both our old fundamentall ( and all other laws ) liberties , customes , parliaments and government , what transcendent malefactors , traytors and enemies they are to the publick , and what capitall punishments , they may thereby incurre , as well as demerit , should they be legally prosecuted for the same ; and thereupon to advise them timely to repent of , and desist from such high treasonable attempts . . to clear both my self and this my seasonable defence of our fundamentall lawes , liberties , government , from the least suspition or shadow of faction , sedition , treason , and enmity to the publick peace , weal , settlement of the nation , which those , ( and those only ) who are most factions and sediditious , and the greatest enemies , traytors to the publick tranquility , weal and establishment of our kingdome , ( as the premises evidence ) will be ready maliciously to asperse both me and it , with , as they have done some other of my writings of this nature ; with all which , they must first brand mr. st. john , mr. pym , the whole house of commons , the last two , with all other parliaments forecited , ere they can accuse , traduce , or censure me , who do but barely relate , apply their words and judgments without malice or partiality , for the whole kingdomes benefit and security . to these punctuall full jury of records and parliamentary authorities in point , i could accumulat sir edward cook his . institutes , p. . printed and authorised by the house of commons speciall order , the last parliament : the severall speeches of mr. hide , mr. walker , mr. pierpoint and mr. hollis ; july . . at the lords bar in parliament , by order of the commons house , at the impeachment of the shipmony judges of high treason , printed in diurnall oc●urrences , and speeches in parliament , london . p. . to . mr. samuel browns argument at law before the lords and commons at canterburies attainder ; all manifesting , their endevouring to subvert the fundamentall laws and government of the nation to be high treason ; with sundry other printed authorities to prove , that we have fundamental laws , liberties , rights , and a fundamentall government likewise , which ought not to be innovated , violated , or subverted upon any pretences whatsoever , by any power or prevailing faction . but to avoid prolixity , ( the double jury of irrefragable and punctuall authorities already produced , being sufficient to satisfie the most obstinate opposites formerly contradicting it ) i shall onely adde three swaying authorities more , wherewith i shall conclude this point . the first is a very late one , in a treatise intituled , a true state of the common wealth of england , scotland and ireland , and the dominions thereunto belonging , in reference to the late established government , by a lord protector and a parliament . it being the judgement of divers persons , who throughout these late troubles , have approved themselves faithfull to the cause and interest of god , and their country : presented to the publick , for the satisfaction of others . printed at london . who relating the miscarriages of the last assembly at westminster , use these expressions of them , p. , , , , , . but on the contrary , it so fell out in a short time , that there appeared many in this assembly of very contrary principles to the interest aforesaid , which led them violently on to attempt and promote many things , the consequence whereof woul● have been : a subverting of the fundamentall laws of the land , the destruction of property , and an utter extinguishment of the gospel . in truth their principles led them to a pulling down all and establishing nothing . so that instead of the expected settlement , they were running out into further anarchy and confusion . as to the laws and civil rights of the nation , nothing would serve them , but a totall eradication of the old , and introduction of a new : and so the good , old laws of england , ( the guardians of our lives and fortunes ) established with prudence , and confirmed by the experience of many ages and generations : ( the preservation whereof , was a principall ground of our late quarrel with the king ) having been once abolished , what could we have expected afterward , but an inthroning of arbitrary power in the seat of judicature , and an exposing of our lives , our estates , our liberties , and all that is dear unto us , as a sacrifice to the boundlesse appetite of m●er will and power , &c. things being at this passe , and the house ( through these proceedings ) perfectly disjointed , it was in vain to look for a settlement of this nation from them , thus constituted : but on the contrary , nothing else could be expected , but that the common-wealth should sink under their hands , and the great cause hitherto so happily upheld and maintained , to be for ever lost , through their preposterous management of these affairs , wherewith they had been intrusted . whereupon they justifie their dissolution , and turning them forcibly out of doores by the souldiers , with shame and infamy ; to prevent that destruction which thereby was coming on the whole land , but this new powder treason plot , set on foot by the jesuites and anabaptists , to destroy our laws , liberties , properties , ministers , and religion it self , at one blow , and that in the very parliament house , where they had been constantly defended , vindicated , preserved , established in all former ages by all true english parliaments . the second is , a the votes of the house of commons , concerning a paper presented to them , entituled an agreement of the people for a firm and present peace , upon grounds of common right . november , . viz. resolved upon the question , that the matters contained in these papers , are destructive to the being of parliaments , and to the fundamentall government of this kingdome , resolved , &c. that a letter be sent to the generall and those papers inclosed , together with the vote of this house upon them ; and that he be desired to examine the proceedings of this businesse in the army ( where it was first coined ) and return an accompt hereof to this house . these votes were seconded soon after with these ensuing votes , entred in the commons journall , and printed by their special order , . november , . a petition directed to the supream authority of england , the commons in parliament assembled , the humble petition of many free born people of england , &c. was read the first and second time . resolved upon the question , that this petition is , a sedititious and contemptuous avowing and prosecution of a former petition and paper annexed , stiled , an agreement of the people formerly adjudged by this house , to be destructive to the being of parliaments and fundamentall government of the kingdome . resolved , &c. that thomas prince cheesemonger , and samuel chidley , be forthwith committed prisoners to the prison of the gatehouse , there to remain prisoners during the pleasure of this house , for a seditious avowing and prosecution of a former petition , and paper annexed , stiled , an agreement of the people , formerly ajudged by this house to be destructive to the being of parliaments and fundamentall government of the kingdome . resolved &c. that jeremy jues , thomas taylor and william larnar , be forthwith committed to the prison of newgate , there to remain prisoners , during the pleasure of this house , for a seditious and contemptuous avowing and prosecution of a former petition and paper annexed , stiled , an agrement of the people , formerly adjudged by this house , to be destructive to the being of parliaments and fundamentall government of this kingdome . resolved , &c. that a letter be prepared and sent to the generall ; taking notice of his proceeding in the execution ( according to the rules of warre ) of a mutinous person ( avowing and prosecuting this agreement in the army contrary to these votes ) at the rendezvouz near ware ; and to give him thanks for it : and to desire him to prosecute that businesse the to bottome ; and to bring such guilty persons as he shall think fit , to condigne and exemplary punishment . resolved , &c. that the votes upon the petition and agreement annexed , and likewise the votes upon this petition be forthwith printed and published . after which by a speciall ordinance of both houses of parliament , december , . no person whatsoever , who had contrived , plotted , prosecuted or entred into that engagement inti●uled the agreement of the people declared to be destructive to the being of parliaments , and fundamentall government of the kingdome , for one whole year , was to be elected , chosen or put into the office or place of lord mayor or alderman , sheriffe , deputy of a ward , or common councel man of the city of london ; or to have a voice in the election of any such officer . all these particulars , with the capitall proceedings against white and others who fomented this agreement in the army , abundantly evidence the veriey of my foresaid proposition , and the extraordinary guilt of those members and souldiers , who contrary to their own votes , ordinances , proceedings and censures of others , have since prosecuted this , the like , or far worse agreement , to the destruction of our ancient parliaments and their priviledges , and the fundamentall government , laws and liberty of our nation , which i wish they would now sadly lay to heart . the third is the memorable statutes of . jacobi ch , , , and . which relating the old gunpowder treason of the jesuites and papists , and their infernal , inhumane , barbarous , detestable plot , to blow up the king , queen , prince , lords , commons , and whole house of peers with gunpowder , when they should have been assembled in parliament , in the upper house of parliament , upon the fifth of november , in the year of our lord . do aggravate the hainousnesse and transcendency thereof by this circumstance , that it was ( as some of the principall conspirators thereof confessed ) purposely devised and concluded to be done in the said house , that where sundry necessary and religious laws for preservation of the church and state were made ( which they falsely and standerously term , cruel laws enacted against them and their religion ) both place and persons should be all destroyed and blown up at once : and by these dangerous consequences if it had not been miraculously prevented , but taken effect . that it would have turned to the utter ruine , overthrow and subversion of the whole state and common-wealth of this flourishing and renowned kingdome and gods true religion therein established by law , and of our laws and government . for which horrid treason , they were all attainted , and then executed as traytors , and some of their heads , quarters , set up upon the parliament house for terrour of others . even so let all other traytors , conspirators against our fundamental laws , liberties , government , kings , parliaments , and religion , treading presumptuously in their jesuiticall footsteeps , * perish o lord , but let them who cordilally love , and strenuously maintain them against all conspirators , traytors , underminers , invaders whatsoever , be as the sun when he goeth forth in his might : that the land may have rest , peace , settlement again , for as many years at least , as it had before our late innovations , wars , confusions , by their restitution and establishment . chap. ii. having thus sufficiently proved , that the kingdome , and freemen of england , have some ancient , hereditary rights , liberties , franchises , priviledges , customes , properly called fvndamentall , as likewise a fundamentall government , no wayes to be altered , under mined , subverted , directly or indirectly , under the guilt and pain of high treason in those who attempt it ; especially by fraud , force , or armed power . i shall in the second place present you in brief propositions , a summary of the chiefest and most considerable of them , which our prudent ancestors in former ages , and our latest reall parliaments , have both declared to be , and eagerly contested for , as fundamentall and essentiall to their very being and well being , as a free people , kingdome , republick , unwilling to be enslaved under any yokes of tyranny or arbitrary power , that so the whole nation may the more perspicuously know and discern them , the more strenuously contend for them , the more vigilantly watch against their violations , underminings in any kind , by any powers , or pretences whatsoever ; and transmit , perpetuate them intirely to their posterities , as their best and chiefest inheritance . i shall comprise the summe and substance of them all in these . propositions ; beginning with the subjects property , which hath been more frequently , universally invaded , assaulted , undermined by our kings , and their evill instruments ; and thereupon more strenuously , frequently and vigilantly maintained , retained by our nobles , parliaments and the people in all ages ( till of late years ) than any or all of the rest put together , though every of them have been constantly defended , maintained , when impugned , or incroached upon by our ancestors and our selves . . that no tax , tallage , aid , subsidy , custome , contribution , loan , imposition , excise or other assessement whatsoever , for defence of the realm by land or sea , or any other publick ordinary , or extraordinary occasion , may or ought to be imposed , or levyed upon all or any of the freemen of england , by reason of any pretended or reall danger , necessity or other pretext ; by the kings of england , or any other powers , but onely with and by their common consent and grant , in a free and lawfull parliament duly summoned and elected : except onely such ancient , legall ayds , as they are specially obliged to render by their tenures , charters , contracts , and the common law of england . . that no freeman of england ought to be arrested , confined , imprisoned , in any private castles , or remote , unusuall prisons under souldiers or other guardians , but onely in usuall or common gaols , under sworn , responsible gaolers , in the county where he lives , or is apprehended , and where his friends may freely visit and relieve him with necessaries : and that onely for some just , and legall cause expressed in the writ , warrant , or processe , by which he is arre●●ed , or imprisoned ; which ought to be legally executed by known , legal , responsible sworn officers of justice , not unknown military officers , troopers , or other illegall catchpols , that no such freeman ought to be denied bail , mainprise , or the benefit of an habeas corpus , or any other legal writ for his enlargement , when bailable or incumpernable by law ; nor to be detained prisoner for any reall or pretended crime , not bailable by law , then untill the next generall or speciall gaol-delivery , held in the county where he is imprisoned ; where he ought to be legally tried and proceeded against , or else enlarged by the justices , without deniall or delay of right and justice . and that no such freeman may or ought to be outlawed , exiled , condemned to any kind of corporall punishment , losse of life or member , or otherwise destroyed or passed upon , but onely by due and lawfull processe , indictment , and the lawfull triall , verdict and judgment of his peers , according to the good old law of the land , in some usuall court of publick justice : not by and in a new illegall , military , or other arbitrary judicatories , committees , or courts of high justice , unknown to our ancestors . . that no freeman of england , unlesse it be by speciall grant and act of parliament may or ought to be compelled , enforced , pressed or arrayed to go forth of his own countrey ( much lesse out of the realm into forreign parts ) against his will in times of warre or peace , or except he be specially obliged thereto by ancient tenures and charters ; save onely upon the sudden coming of strang enemies into the realm , and then he is to array himself onely in such sort , as he is bound to do by the ancient laws and customs of the kingdome still in force . . that no freeman of england , may or ought to be disinherited , disseised , dispossed or deprived of any inheritance , freehold , liberty , custome , franchise , chattle , goods whatsoeuer without his own gift , grant , or free consent , unlesse it be by lawfull processe , triall and judgment of his peers , or speciall grant by act of parliament . . that the old received government , laws , statutes , customes , priviledges , courts of justice , legall processe of the kingdome and crown ought not to be altered , repealed , suppressed , nor any new from of government , law , statute , ordinance , court of judicature , writs , or legall proceedings instituted or imposed on all or any of the free men of england , by any person or persons , but onely in and by the kingdomes free and full consent in a lawfull parliament , wherein the legislative power solely resides . . that parliaments ought to be duly summoned , and held for the good and safety of the kingdome every year , or every three years at least , or so often as there is just occasion . that the election of all knights , citizens , and burgesses , to sit and serve in parliament ) and so of all other elective officers ) ought to be free . that all members of parliament hereditary or elective , ought to be present , and there freely to speak and vote according to their judgements and consciences , without any over-awing guards to terrifie them ; and none to be forced or secluded thence . and that all parliaments not thus duly summoned , elected whilst held , but unduly packed , and all acts of parliament fraudulently and forcibly procured by indirect means , ought to be nulled , repealed , as void , and of dangerous president . . that neither the kings nor any subjects of the kingdome of england , may or ought to be summoned before any forreign powers or jurisdictions whatsoever , out of the realm , or within the same , for any manner of right , inheritance , thing belonging to them , or offence done by them within the realm . . that all subjects of the realm are obliged by allegiance and duty to defend their lawfull kings , persons , crowns , the laws , rights and priviledges of the realm , and of parliament against all usurpers , traytors , violence , and conspiracies . and that no subject of this realm , who according to his duty , and allegiance shall serve his king in his warres , for the just defence of him and the land , against forreign enemies or rebels , shall lose or forfeit any thing for doing his true duty , service , and allegiance to him therein ; but utterly discharged of all vexation , trouble , or losse . . that no publick warre by land or sea ought to be made or levied with or against any forreign nation , or publick truce or league entred into with forreign realms or states , to bind the nation , without their common advice and consent in parliament . . that the ancient , honours , manors , lands , rents , revenues , inheritances , right , and perquisites of the crown of england , originally settled thereon for the ease & exemption of the people from all kind of tax●s , payments whatsoever ( unlesse in cases of extraordinary necessity ) and for defraying all the consant , ordinary , expences of the kingdome , ( as the expences of the kings houshold , court , officers , judges , embassadors , garisons , navy and the like ) ought not to be sold , alienated , given away or granted from it , to the prejudice of the crown and burdening of the people . and that all sales , alie nations , gifts , or grants thereof , to the empairing of the publick revenue , or prejudice of the crown and people , are void in law , and ought to be resumed , and repealed , by our parliaments and kings , as they have frequently been in all former ages . for the readers fuller satisfaction in each of these propositions ( some of which i must shew here , but briefly touch , for brevity sake , having elsewhere fully debated them in print ) i shall specially recommend unto him the perusall of such tracates , and arguments formerly published , wherein each of them hath been fully discussed , which he may peruse at his best leasure . the first of these fundamentalls ( which i intend principally to insist on ) is fully asserted , debated , confirmed by . h. . f. . by fortes●ue lord chief justice , and chancellour of england , de laudibus legum angliae , dedicated by him to king henry the f. . c. . f. ● . by a learned and necessary argument against impositions in parliament , of . jacobi : by a late reverend judge , printed at london . by mr. william hakewell , in his liberty of the subject against impositions , maintained in an argument in the parliament of . jacobi : printed at london . by judge crooks , and judge huttons arguments concerning shipmony both printed at london . by the case of shipmony briefly discussed london , . by mr. st. johns argument , and speech against shipmony , printed at london , . by sir edward cook in his . institutes , p. . and . to . and . to . by the . and . remonstrance of the lords and commons in parliament , against the commission of array . exact collection p. . to . and . to . and by my own humble remonstrance against shipmony , london , . the fourth part of the soveraign power of parliaments and kingdomes , p. . to . and my legall vindications of the liberties of england against illegall taxes , &c. london . and by the records and statutes cited in the ensuing chapter , referring for the most part to the first proposition . the second , third , and fourth of them are la●gely debated and confirmed by a conference desired by the lords , and had by a committee of both houses , concerning the rights and priviledges of the subject , . ap●ilis , . ca●ol●printed at london . by sir edward cook in his institutes on magna charta . c. . p. . to . by the . and . remonstrance of the lords and commons against the commission of array , exact collection p. . &c. . to . by judge crooks , and judge huttons arguments against shipmony : by sir robert cotton his posthuma p. . to . by my breviate of the prelates encroachments on the kings prerogative , and subjects liberties . p. . &c. my new discovery of the prelates tyranny , p. . to . and some of the ensuing statutes , and records . the fifth and sixth of them are fully cleared and vindicated in and by the prologues of all our councils , statutes , laws , before and since the conquest . by sir edward cooks . institutes ch. . mr. cromptons jurisdiction of courts . title , high court of parliament : my soveraign power of parliaments and kingdomes , p. , , , . my legal vindication against illegal taxes , and pretended acts of parliament , london prynne the member , reconciled to prynne the barrester , printed the same year . my historicall collection of the ancient great councils of the parliaments of england . london . my truth triumphing over falshood , antiquity over novelty . london . and some of the records hereafter transcribed . in this i shall be more sparing , because so fully confirmed in these and other treatises . the seventh is ratified by sir edward cooks . institutes , p. , . . institutes p. . and . report cawdries case of the kings ecclesiasticall lawes : and rastals abridgement of statutes . tit. provisors , praemunire and rome , . h. . c. . and other records and statutes in the ensuing chapter . the eighth and ninth are fully debated in my soveraign power of parliaments and kingdomes , part. . p. . to . part fourth , p. . to . and touched in sir robert cottons posthuma p. . to . how all and every of these fundamentall liberties , rights , franchises , lawes , have been unparalelledly violated , subverted , in all and every particular of late years beyond all presidents in the worst of former ages , even by their greatest pretended propugners ; their own printed edicts , instruments , ordinances , papers , together with their illegall oppressions , taxes , excises , imposts , rapines , violences , proceedings of all kinds , ( whereof i shall give a brief accompt in its due place ) will sufficiently evidence , if compared with the premised propositions . which abundantly confirm the truth of our saviours words , john . . . and this rule of johannis angelius , wenderhagen : politicae synopticae . lib. . c. . sect. . p. . hinc regulae loco notandum , quod omne regnum vi armata acquisitum in effectu subdit is semper in durioris servitutis conditiones arripiat , licet à principio ducedinem prurientibus 〈◊〉 videatur . ideo cunctis hoc cavendum , nè temrè 〈◊〉 patiantur . finis . notes, typically marginal, from the original text notes for div a e- a joh. . . cor. . . eph. . . ja. . ▪ b sam. . , . iob . ▪ . psal. , . & . . & . . prov. . . isa. . & . & . . & . , . ier. . . ephes. heb. . . & . & . . pet. . . c king. . & . . & . , . ezr. . & . ps. . . ezek. . . hag. . . zech. & . mat. ▪ , . luke . , . d isa. . . & , . psal. . . cor. . , , . heb. . . pet. . . rev. . . . e tim. . . heb. . , . f ier. . . micah . . , . l●ke . , . mat. . , . a lib. tryed and cast , p. , , , to ● ] canne's voice from the temple , which perswades the subversion and abolishing of all former lawes , especially for tythes & ministers support . a thes. ▪ b see exact collect and a general collect. 〈◊〉 ordinances , &c. c see culpeper's & lilly's merlins & almanacks , john can's voice , lib. tried and cast . with many petitions and pamphlets against the law and lawyers . the order of aug. . . that there should be a committe selected to consider of a new body of the law , for the government of this common-wealth . * summum jus , est summa injuria . cic. de offic●is , p. . a lib. tryed and cast , p. . , . to and elsewhere . john can●●'s voice from the temple . john rogers mene , 〈◊〉 , perex . p . lilly and culpeper in their prognostication : anno . & , , see the arimies proposals . b see math. par●s . p. . , & magna chart. . . ● h. . c. . & . e. . c. , &c. e , c. , &c cook●s instit. p. . not● see prop. & in chap . nota. * see cant. d●●m . p ▪ , , . d●urn . occu● rences , p. see propos. . in chap. . * o how are they now degenerated ! nota. * and should they not be so now , then ? * and shal we now at last fail herein ? ‖ how dare then any self-created powers who are neither kings nor parliaments now arrogate to themselves , or exercise such a super-regal arbitrary power and prerogative ? nota. * and o that we would follow it now again ! nota. * and do not those do so , who now lay monthly taxes , excizes , customs , and new-impost on us daily out of parliament , and that for many months and years yet to come , against the letter of their own instrument and oath too ? a see canterburies doom , p. . diurnal-occurrences , p. . b exact collection , &c. p. , . see chap. . p●oposition . . a exact collection , p. . , , . * do not the army-officers now enforce them to all this without a parliament ? * these expostulations reach to those at white-hall now , who presume to impose taxes , customs , excises , and make binding laws , which no kings there ever did in like nature , nor their counsels in any age . * exact collection , p. . a a collection of all publick orders , ordinances and declarations of parliament , p. , , , . * yet forcibly dissolved by the army , and some now in power , against their commissions , oaths , trusts , protestation , covenant , and an act of parliament for their continuance ; who may do well to peruse this clause . see chap. . proposition , . * how much more then , if the army , or army-officers shall do it , without question or exemplary punishment again and again , and justifie it still in print ? a a collection , &c. p. . b a collection , &c. p. , , . * and is not this now proved a real experimental truth , in some of these remonstants , to their shame ? * and can most of th●se remonstrants in late or present power , now say this in truth or reality ? and must no● they be utterly ashamed , confounded before god and men , when they consider how they have dissembled , prevaricated with god and men herein in each particular ? * and can the new modellers of our government over and over , who were parties to this declaration , and then members of the commons house , say so now ? or read this without blushing and self-abhorrence ? * is not a superintendent power in and over the army , above and against the parliament or people , far more dangerous and likely to introduce such an arbitrary government in the nation , if left in the general officers , or their councils power ? † did not the imposing a strange new engagement , and sundry arbitrary committees of indemnity , &c. interrupt it in the highest degree ; and the misnamed high courts of justice , and falsifie this whole clause ? a see the humble remonstrance against the illegal tax of ship-money , p. , , . the case of ship-money briefly discussed , p. . &c. englands birth-right , and other treatises . b wasingham , s●ow , holinshed , speed , grasten , baker , an : r : : john stows survay of london , p. to : mr: st. johns argument at law , at straffords attainder 〈◊〉 . a s●ow , holl●nshed , speed graston , baker in xi . r : : and : h : . s●atu●es at large , : and . r : : & h : . st : johns speech concerning the 〈◊〉 judges , p ▪ to : and argument at law , at straffords attainder . a mr. st. iohn at law against straffords attainder , p. : 〈◊〉 , . * and have not others of 〈◊〉 assumed to themselve ; more royal power 〈◊〉 resolved to be treason by . e. . 〈…〉 . not● . * to wit . by c●de and his confederates for the alteration of the laws , &c. a see mr. s● . iohns argument 〈…〉 b cooks institutes , p. . . a cooks institues , ch. . p. . ●● . * see speed hollinshed grafton s●ow antiquitates ecclesia , brit . p. . & . and goodwin in hi● life time . b mr. s iohns argument against stra●ford a cook inst. c. , , and m : st : johns argument at law , against strafford p. , . b see the journals of both houses , and act for his attainder , mr. pyms declaration upon the whole matter of the charge of high treason against him , april the . : m● . st : johos argument at law at his attainder , and diurnal occurrences . c see the commons and lords journals , his printed impeachment : mr: pyms speech thereat . canterburies d●●m , p : , ▪ , , ▪ see chap. . proposition . a see the commons and lords iournals , diurnal occurrences , p. . . . ▪ . to . and m. s. johns speech at a conference of both houses of parliament concerning shipmoney and these judges . together with the speeches of m●hide mr. walker , mr , pierpoint , mr. denzil hollis , at their impeachments , july . . aggravating their offences in diurnal occurrences and speeches . see ch. . proposition . 〈◊〉 . h●d are they not so now● ▪ nota. nota. * note this all whole commons-house opinion then . * is not this an experimental truth now ▪ * and were they ever so base , cowardly , slavish as now ? * was ever their power , violence so unlimited unbounded in all kinds as now ? * is it not most true of late and still ? nota. nota. * and others , as well as he , of farre inferiour place and estate . * but have not our times bred men much bolder then he , since this speech was made , and he executed ? * since he hath many followers . * have none done so since them ? see chap. . proposition . * have not others pioners and jasses done the like ? * this is now grown a mere paradox . * what are they now of late times of publick changes ? * see . h. . c. . . magna charta . c. . . . h. . c. . , . , ▪ ▪ e. . c. . , . ▪ e. . , . , , , . , . ▪ e ▪ . c. , . ▪ e. . c. , . . e ▪ . c. . ▪ e. . c. . ▪ e. . c. . ▪ e. ▪ c. . . rastal justices . * was it ever so frequent a sin as now in all sorts of late judges officers subjects ? * do none deserve as severe now ? * see cooks . instit. p. , , and f. . hollished p. . . speeds hystory p. . stow walsingham , daniel in . ed. . * see cooks . instit. p. . * have none of thi , name , or of his functian since done the like in an higher degree ? * let custodes legum & libertatum angliae remember it . * let the repater and others considr● it . * this is nothing in comparison to the late taxes or excises imposed on the subjects , without a parliament amounting to above times as much as the kings shipmo●y , and more frequent , uncessa● , and endless then it . a see my speech in parliament . p. . to . see speeds history , p. and mr. john vica●'s history of the gunpowder treason , and the arraignment of traytors . * judges . ● . a miscellany of sundry essayes, paradoxes, and problematicall discourses, letters and characters; together with politicall deductions from the history of the earl of essex, executed under queen elizabeth. / by francis osborn esquire. 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(eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) a miscellany of sundry essayes, paradoxes, and problematicall discourses, letters and characters; together with politicall deductions from the history of the earl of essex, executed under queen elizabeth. / by francis osborn esquire. osborne, francis, - . [ ], p., [ ] leaf of plates : port. printed by john grismond, london, : . 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edited - pfs batch review (qc) and xml conversion a miscellany of sundry essayes , paradoxes , and problematicall discourses , letters and characters ; together with politicall deductions from the history of the earl of essex , executed under queen elizabeth . by francis osborn esquire . london , printed by john grismond , . . . to my vertuous , no lesse then in all things else deserving neece , mrs. elizabeth draper . deare neece , it is on all hands confest , that some things here may be thought as unsuitable to my years , as your education ( not yet removed from a vertuous mother , ) by those are not acquainted with the externall impulse which makes their publication to the world unavoidably necessary , in reference to the preventing a false impression ; no lesse then that more inward of naturall affection to you ( not knowing but this may be my last opportunity ) to do right to gratitude . so as if any expression here should be of force to make you blush , it would by augmenting your beauty prove a good effect of a cause at the worst but respectively evil ; and only in reference to such a superlative goodness as you are indowed withall : whose apprehension of ill results rather from admonition and prudence , then experience or consent . faults already become in many ripe for punishment , being not yet arrived within the circle of your thoughts . wherefore ( since the worst can be found in these pa-pers , if candidly taken , does not come short of some of the best are daily made vendible , ) i desire you to vail your judgement with charity ; known in remoter relations so extensive as to cover more levity , then i hope is extant here : orif bleered by interest , i should mistake no lesse in its own desert , then the acceptance of the vvorld , it can not disparage your name long ; which no doubt will sodainly be changed , and you left free , either to own or reject what is here presented : unlesse god for the punishment of the present age will make men unwilling , because unworthy to approch so much virtue , and other excellencies as are naturall in you ; the repetition of which would not onely call up the bloud into your face , but confound mine , were i guilty of half the infidelity in your sex that ignorance , folly and malice hath voted to my share : who am so zealous through the mediation of your perfections in the vindication of women , that i am not onely ready to become a convert , but a martyr , rather then appeare any thing but , dear neece , your servant francis osborn . a generall account of what is contained in the book ensuing . the preface . an essay on such as condemn all they understand not a reason for . p. . an essay upon prov. . chap. v. . give me neither poverty nor riches : p. . a contemplation of adam's fall. p. . sundry conjecturall paradoxes concerning reason , learning , &c. p. . a character of honour . p. . valour and cowardice . p. . a letter writ to disswade mr. — from a duell . p. . a letter to mr. — in hope to disswade him from going a colonel under count mansfield p. . a letter to mr. w. p. concerning dependences upon great men . p. . — another to the same person . p. . a copy of verses to --- who had translated virgil into english. p. . a letter perswading --- to marry . p. . verses upon sundry occasions . p. . a letter to two s sters , the one black , the other faire p. . with verses . p. . a letter to --- after the death of his lady . an epitaph on — p. . the authours own epitaph . p. . a letter to disswade --- from marrying a rich , but ugly and deform'd — p. . with verses to the same effect . p. . a letter in reference to a coy lady . p. . the petition . p. . a character on a deboshed souldier . p. . a letter to dr. c. h. chap. to w. e. of pem. p. . with verses . p. . on a cook. p. . a character of an host. p. . with verses . p. . deductions from the history of the earl of essex . p. . essay on court-factions . p. . essay , that the condition of men in power is to be guided by their servants . p. . the authour to the reader . readers in the generality do not study ( especially in reference to contemporaries ) what may benefit themselves , but blemish the present authours repute . so as the pillars of fame and protection , that led our fathers through the dark wilderness of ignorance , into the glorious land of the living ( where they still inhabit , though under no more authentick charter then that of prescription , being in all other evidences of worth matched , if not exceeded by younger men : ) are clouded through reproches , and forced to correspond for the integrity of every line by truths most capitall enemies , hypocrisie , superstition and solly : and before such partiall and weak tribunalls as are subarned no lesse then guided by interest , and an awfull reverence towards the most deformed antiquity ; from whence the pen ( accounted by caesar a decent companion for the scepter ) is now become the bubble of the rabble : forgetting that though it may be so in the management of fools , yet that no vertuous acts can be registred , or learning maintained but through her mediation : nor is the progress of conjecturall propositions to be obstructed , but rather indulged in reference to the credit of a nation . the first idea often owning the glory of the whole design ; manifest in germany , that may not unpossibly stand more obliged for her rare inventions to the liberty she gives , and an indulgence the inhabitants have for any novelty , though too weak to extend probability beyond the fantaste of the first projector ; then any naturall fertility inherent in the place , appeares in the perfection they receive from politer regions ; being themselves so farre from casting dirt or ink in the face of the party , that in the least case of likelihood they do all lend assistance : contrary to the baser practice of england , where if a spirit be found so prevalent in reason as to be proof against any reply , it is usuall for the opposers of knowledge to impetrate their revenge from some weak administrator of the power of ignorance . sir walter raleigh was the first ( as i have heard ) that ventured to tack about , and sail aloof from the beaten track of the schools : who upon the discovery of so apparent an error as a torrid zone , intended to proceed in an inquisition after more solid truths : till the mediation of some whose livelihood lay in hammering shrines for this superannuated study , possessed queen elizabeth , that such doctrine was against god no lesse then her fathers honour , whose faith ( if he owed any ) was grounded upon school-divinity . whereupon she chid him : who was ( by his own confession ) ever after branded with the title of an atheist , though a known assertor of god and providence . a like censure fell to the share of venerable bacon , till over-balanced by a greater weight of glory from strangers : nor could desert and the name of the english jewel , given selden beyond sea , free him from a like imputation at home . wherefore br. ca. di. ho. ha. hi. st. ta. and a number more that have imbellished this doting age with new notions , may apprehend comfort from this contemplation , that fame is no lesse eternall then detraction is mortall . though it may be thought strange why any farthaer prosecution of truth should be persocuted amongst men not yet fully resolved what it is : when nothing redounded more to the protestants honour , then the free passage they have alwayes given to books of controversies , whereas the reading of them is a mortall sinne in rome , and at best , liable to the inquisition : not to be imputed to any thing but the invincible reason we have on our side , so well managed by mr. chillingsworth , as the sluent mouthes of the jesuites were stopped till his death , and some time after . there being nothing but mathematicall demonstrations able to drive them from the ambiguous interpretations they put both upon scripture and fathers , behind which the papacy hath for many centuries played at bo-peep with state and church . and yet how this poor man was abused at his death , is more for the nations credit to conceal , then publish . neither is this frenzy capable of any reall reformation , since those pretend to a power of garbleing things brought to the presse , are not all of one and the same judgement : and from whose divisions new books run the fortune of the middle-aged man in the fable , that became bald ; by an endeavour to gratifie the humours of persons inconsiderable for weight or number . i know censures do not all fall within the circuit of one meridian , yet am as certain , that no dispute can be maintained , but where half , if not the most curious part , is supported by conjecture . and that our best physicall conclusions have been deduced out of meere mistakes : which the world ( though never so long-lived ) is not likely to want , and therefore improbably proclaimed at her farthest extent of knowledge : which if true , few would give , or increase the stipends of arts ; it being incongruous to expect new honour from those confesse themselves not able to augment their own , and so farre dissident of an ability to match the ancients , as they take the indeavour not only for impossible , but a high if not a damnable presumption : wherefore it suites university-interest to indulge such as bring fresh notions to their mill , though smutted with some errors : it being usuall for wages to cease , and an ingine to be neglected , upon the first discovery that the work is finished : not to be denyed to follow an opposing what is already arrived to a generall acceptance . especially in an age when god and the magistrate lies blasphemed on every stall . nor is the knavery of obscure stationers a small remora to desert : that in envy to those of their own trade , and to debauch the esteem of books , do incourage , if not hire , foul-mouthed ballad-makers to rufsle , doggs-eare , and contaminate by base language and spurious censures the choysest leaves . yet the blasphemers against the spirit of knowledge become vendible in reference to their names they pretend in their title-page to confute , sometime the trade of al. ro. who used to skirmish ( though only armed with a blunt quill , and a duller reason ) the worthies of our nation by troops . nor is it probable any farther attempt upon our english affaires should be purchased cheaper then at the writer's prejudice : since so honest an endeavour as the proving , it was the father that eat the sower grapes , and not the son , whose teeth were set an edge , is by some so farre perverted . now in reference to this , or any thing else may relate to me , if my years and infirmities that stand ready at the gate to hurry me out of this world , nor the many lines i have drawn suitable to the generall phantasies , with a protestation never to trespasse again upon love or history , cannot shroud me from the pelting of tongues , let me humbly implore this favour of both sexes , that such as do it , would imitate the candor of a carnaval , wherein ( though all italy appear but one intire bedlam ) nothing is throwne , but what savours more of musk then malice . but if i am born to be aspersed , i could wish it might be with such ink as may at least beautifie the writer , and not contaminate us both : it being an injury , though farre below the sufferer's revenge , to be pinched between the nasty finger and thumb of a brawny ignorance . which heightens greatly the obligation to him that for my sake undertook so unworthy an antagonist : whose want of a true knowledge of me hath led him into as great an excesse in reference to my commendations , as the like defect may not unpossibly have exposed me to a censure of ungratitude , or made me ( as verily i believe i am ) too sparing in his : a fault i promise to amend upon the least intimation of an occasion . now being compel'd to own what followes , or to venture having it layd at my door with all the imperfections so many adulterated transcriptions have deformed it with ; i thought it lesse dishonourable to trespass upon gravity ( a defect in nature , or at best but a ceremony resulting from the morosity of age ) then to offer violence to prudence , ( the most signall advantage deducible from time : ) by denying my hand to the emendation of a subreptitious copy , which i verily believe my youth ( though foolish enough ) was not in probability likely to have been guilty of ; yet must have had my abilities now measured by it . for the sufficiency of which i shall not correspond , having been led through necessity and others perswasions , rather then my own , to think that though they are out of fashion with me , they may become decent for others to follow , or avoid . being in every respect else à meere patient , and no otherwayes active then at the request , and for satisfying the stationer , to whose care i leave you , without any other complement , then that the losse will not be great to the buyer , nor the shame much to me , should they prove waste paper , as i ever till now esteemed them . and in answer to those shall think some expressions here too serious to face such stuffe as comes . 〈◊〉 they may be pleased to know i 〈◊〉 first intend to insert some ●oti●… which discretion hath since thought inconvenient . the preface . the proem . if , contrary to the mode of such as lose their thoughts in the open aire where they were conceived ; i have , with more diligence , regestred mine ; it was out of no opinion they deserve a longer life , but to prevent idleness , with a concourse of some more tedious , if not sinful : which in the vacancy of imployment , are apt to intrude themselves , under pretence of a more ancient and familiar acquaintance . nor can i yet find cause , to repent of the paynes , since it hath confirm'd me , in this truth ; that the world is not the worse , nor my self much better , for age and continuance . from whence i have learned , ( though i confess , none more apt to forget ) not to complain of governours , for their oppression , or upbraid youth , with its vices : since in the best times , tyranny hath been moderated , rather through fear , then goodness . as the most seemingly - holy , do , at the highest , but palliate , not divest heir humane infirmity . and from hence , we may be taught with st. peter , not to call anything polluted or defiled : all men , at long-running , meeting with the same market , either in reference to their own depraved will , or performance . wherefore , i should conclude , ( considering my own , and others visible lapses ) that sanctity lies more in repentance , then innocency . which is the chief advantage , if not all the difference disoernable , between those we terme wicked , and the just. now if any one ( a thing i have forneerly been very chary of ) shall read these papers , under the notion of approbation ; he can no more make me proud , then such as dispraise them , angry : ( it being the guise of all , to applaud those of their own opinion : ) of which there is none more mine , then that every thing is of a mixed nature , carrying a face like that in a pleated picture , suitable to the situation and light the beholder stands in , or is guided by . and in reference to one - over-severe , i may have this to say , that not a few , now wiser then us both , have pleased themselves , as much , in drawing anticks , with a coal , upon a wall , as others do in their endeavours , to match apelles . all i seek , is to sind imployment for a spirit that would break the vessel , had it nothing to work upon , but it self . nor is it less true , that i might justly be blamed for some things here , had more time been employed about them , then god in his mercy , or to punish my former negligence , hath afforded me liberty to spare . who can be accountable to posterity , for nothing in this kind : being from my birth , uncapable to receive the rich talent of learning , look'd upon , as the onely key of knowledge : which if obtayned , had been little advantage , since i want a memory , wherein to hoord up what i had stollen . and so the acquired groat , might not unpossibly have spoiled , and adulterated the more natural shilling . wherefore , if a chymistry might be found , able to extract any thing useful towards the conduct of man , out of such ordinary simples as these , they were highly to be esteemed ; and in likelyhood , more suteable to every tast , as fresh-gathered from the tree of experience , then those sophisticated by the schools , or of a narrower interest , then that , of the whole society of man. and , if any draw benefit from these , they are most likely to be friends : it being onely the property of love , to look upon that with delight , which cannot be discovered to another without shame . and to such i could be content , to leave them , as the idea of a mind was no less cordially imploy'd , in advancing the good of others , then of my patience , in receiving injuries from the same hands . this is not said to wound providence , under the shadow of fortune . since i have hitherto not onely been blest , beyond my desert , but expectation . and have seen my unnatural oppressours perish , and languish , through as miraculous means , as i have been preserved . and by which , i am brought to the contemplation of higher , and more permanent pleasures , then the poor and despicable consideration of profit is able to reach . nor could any contrary endeavour of mine , hide this from the eyes of the world , to whose judgement , i was for a long time not so impudent , or imprudent , as to present more of my self , then i must needs ; because , experience still finds her in the arms of curiosity , and prejudice . into whose den , though i have been of late cast , ( by what hand of fate i know not , and so as it were blindfold ; ) yet i have come off with more favour , from before this tyrannical tribunal , then divers known of far greater desert . nor should i but for a through essay of my own fortune , and the readers candor , venture such stuff as is likely to follow. which though produced long since , i am not able to better now . and if capable of acceptance , the world is not likely to want it . but it is contrary to my own aph●…●isme , to debosh what i present , by saying it was writ before i was twenty : from whense would result , such an easie inference , that surely , i am no wiser now , ( which i wish heartily i were able to confute ) else i should mend , or conceal them . nor can i think it wisdom , or convenience , to say , they were produced in a shorter space , then nature requires in the production of rarities ; though not seldome casual ; ( as i observed in a flint , presented to king charles , that bore the perfect figure of a man. ) it boing the custom of some heads , to afford the greater reason , the less they are pumped . such as is clearest , running commonly quickest , and most fluent ; whereas , the deeper requires straining , and so becomes heavyer , and of a lesse sprightful tast. i will not say , mine is of that temper , to avoyd prejudice . nothing being held in esteeme , is easily come by . wherefore , having found so many condemned , upon the evidence they bring against themselves in print , i have laboured to conceal my name ; esteeming it more pleasant ( if not more naturall ) to beget then father . but finding it , as impossible to hide , as it is unsutable to my present condition to be idle , and no lesse then unbecoming civility , to neglect the importunity of such friends , as desire a publication of this piece , ( which being a mixture of all things , may not improbably , like the huge dishes now in fashion , feast the appetites of some one , or other ) i shall once again venture into the presse , ( as too many do ) more out of confidence then wit. yet , let my defects be what they will , i have ever considered it as a flatulent impertinency , to court the reader ; or think to raise a party , in the behalf of any thing , weares not the indubitable character of reason and truth . against which , ignorance and hypocrisie have maintained so long and unnaturall a rebellion , as security is no other way attainable , but by silence , or complyance . the continuall wrastlings against a rationall evidence , having brought the world into so multilated , and unsteady a creede , as in many places , she is observed to halt , between the uneasie wayes of hope and feare . the contemplation of which , doth so stagger such as delight in painting their opinions upon paper , that they know not what side to take , out of a dread to fall under the notion of traytors or malignants , atheists or fools . and amongst others , this may passe for a cause , why these ( formerly looked upon as wast ) sheets , have received this resurrection out of the dust ; it being in ill times , safer to appear wanton , then serious . or like brutus , a foole , then a censor . of what is in me , i make as good use as i can , but hate to borrow any thing ; being more willing to appear , with all my defects about me , then glorious , and splendid , through the spoiles of others . under the same odium , ( in my conceit , ) lyes a supercilious gravity ; by which i should interrupt all commerce with those of my own coat ; and expose my selfe to the judgement of some more wise , who cannot but see through that unnaturall vayle , the poorness of the trash is carried under it : there being , really , no nakedness , but in relation to others , since all have the patience to look upon their own imperfections , without blushing . which the oftner it is done , the better may be learned , how to prize others , and value our selves . there appearing , no way readier , to demonstrate to a man his particular weakness , then by admitting him full leave to try his strength . wherefore , so long as no body saw me , i was not capable of blame , if wanting the engines of learning , i endeavoured , to shake the pillars of the schooles . for though the attempt , is not very likely , to afford any benefit to others ; yet , i cannot but remain , the stronger for it , and the more agile my selfe : as such do , that swing ; though the beame stirrs not , at which they tugge , it being natural to honest labour , still to be followed , by wisdom or reward . for , though the generality of readers , are scandalized at all is not mouldy through age , or guilded with novelty ; yet , i remember , to have heard from sir william cornewallis , ( esteemed none of the meanest witts , in his time ) that mountaign's essay's , was the likelyest book , to advance wisdom : because , the authours own experiences , is the chiefest argument in it . for as st. augustine saith , of short and holy ejaculations ; that they pierce heaven as soon , if not quicker , then more tedious prayers : so , i have reaped greater benefit , from concise and casuall meditations , on severall topicks , then long and voluminous treatises , relating meerly to one and the same thing : many scholars being of so vast an extension , in the prosecution of any , ( though but a seeming ) errour , as they will leave no argument unurged , be it never so weake . forgetting , that a triumph is easier obtained , then a victory so discreetly moderated , as may give no occasion , to think it either tedious , or over-severe . it being a work , impertinently superstuous , to give two blowes , where one may suffice . this is the cause , that only such are esteemed , that bring the strongest reasons , and commit the smallest waste upon the readers time , or the adversaries repute . nor are any to be commended , as civill , or wise , that prosecute a contrary practise : too frequent amongst us , where the abuse of the person , is clinched , and riveted so close , with the confutation , as unquestioned charity is not seldom lost , in the vindication of a more dubious truth . and from hence , i have taken occasion , to calculate the meridian , of such hot heads , as can suffer no opinions but their own , to stand quietly by them . forgetting , there is as much variety , in the dissemblances of mens mindes , as experience and commerce do observe , in their bodies . which may conclude it , as great folly , to condemn one of a contrary judgement , as to implead another , because his nose is shorter , or longer , then theirs . nor is it in the reach of any thing but restraint , to make people unanimous . no lesse , against the freedom of nature , then it is sutable to custom , and experience , to finde the contrary in practice , where all are left to their own election . as manifest in wisegreece & rome , as in those nations , esteemed both by them & us more barbarous . nor can it but be reckoned amongst the causes of the catholicks unity , that every one , may addresse their prayers , to what saint they please . --- now to vindicate my selfe from their folly , esteeme the foulest of their writings a fit copy for the world , whose heads ake like jupiters , till delivered of those palla's : though so flat and deformed , as if conceived in their thumbs . i may safely say , that heretofore , ( however it is with me now , grown perhaps through custom more impudent ) i was not ambitious to appeare in publick : since some of my acquaintance can attest , that divers pieces , of late published , were long agoe as compleate , as ever i have been able to make them since . the first cause of their projection , being rather , for the intent to while my selfe , then busie others . nor shall i prosecute this trade , longer then it continues acceptable to the generality , and beneficiall to the stationer . whose operation , hath been more effectuall , in this midwifrey , then any delight i can take , in finding my selfe rated , according to the value of every judgement : commonly forestalled by opinion , a farre neerer friend to things of this nature , then the highest desert . at the foot of whose tribunall , i should never have fallen , but to redeem the world out of a common errour , by shewing , men are not so unhappy in the absence of learning , as scholars pretend . — whose first question is , what university you are of ? and their last , if answered , none : for then , they consider the party as irrationall , and below conversation . forgetting , that though books may produce a few rough materialls ; it is only in the power of experience , and naturall parts to build up and burnish a perfect man. essay on such as condemn all they understand not a reason for . their presumption is no lesse uncivill , then prodigious , that having nothing else to warrant them , but a pettish and solitary opinion of their own , will undertake , to arraigne , the truth of all they cannot apprehend , or is not quite arrived within the perfect cognizance of their reason . and by this impudence , do not only , proclaim themselves judges of the present understandings ; but present , the scanty measure of their own , as an unquestionable standard , for all may succeed . forgetting , to what base offices they have put such conceits , and results to , upon a more serious consideration ; which at their first conception , they esteemed authentick , and not misbecoming the cabinet of a prince . and if thus capable of deceit from themselves ; what security are they able to give for the spurious censures they passe upon others , that one day they shall not be taken off from wisdom's file , and some more true and honourable placed in their room , to the eternall insamy of such , as are scandalized at any thing , formerly , a stranger in the schools ? nor is this humor the continent of a lesse malignity , then what hath been capable heretofore , ( nor is it lesse busie now ) to obstruct , and discourage all farther prosecution after knowledg , by branding reason with an imputation of atheism : and hanging what they understand not , under the notion of witchcraft ; as foster , a country - parson , did the weapon-salve : against which , he conjured up not onely the fathers , schoolmen , &c. but ( so far as his weak talent could extend ) did suborne philosophy to attest against her self . nor had this mad duel between him , and dr. lloyde , ( who being both of no great strength did weaken the nations repute abroad ) been parted , but that authority ( to vindicate the usual cure of the kings evil from being an operation of the divel ) did step in betwixt them. the first , gaining the opinion of as high an impudence , for beginning ; as the other , did of folly , for maintaining so impertinent a quarrel . it was the custom of king james , ( and no question , of no small improvement to his understanding ) to discourse during meals , with the chaplain that said grace , ( or other divines ) concerning some point of controversie in philosophy . and falling one day upon atheism , he did by undenyable arguments maintain , no man could be found so irrational , as to deny a first cause : ( which could be no other then that power we call god. ) and therefore , no such thing in nature , as an atheist . what his judgement was of witchcraft , you may , in part , find by his treatise on that subject , and charge he gave the judges , to be circumspect in condemning those , committed by ignorant justices , for diabolical compacts . nor had he concluded his advice in a narrower circle , ( as i have heard ) then the denyal of any such operations , but out of reason of state : and to gratifie the church , which hath in no age , thought fit to explode out of the common-peoples minds , an apprehension of witchcraft . the greatest miracles , now extant , making their apparitions , in the dark corners of this clouded imagination . into whose cause i shall not presume further to peep ; as esteeming it more dangerous then terrible . yet , for the better vindication of such innocents , as are daily observed , to pass out of this back-gate of injustice , to another world , ( whose posterns are the ignorance of judges , and folly of our lawes ) i will here relate a story of my own knowledge , which if too weak to refel this common errour , cannot be divested of strength enough , to perswade more discretion , and charity , then is ordinarily imployed , in the tryal of such poor creatures , that are first made mad , as solomon saith , through poverty , and affliction ; and after hanged , for being no better advised , then to confess what they never did , or any flesh and blood was ever able to do . sir humphry winch , ( none of the least honest , and conscientious itinerant judges of his time , ) was , in the northern circuit presented with this evidence , against three silly women , that they had out of propense malice , not onely bewitched divers cattle , and children to death : but the principal cause of their commitment , arose from the son of a gentleman , that was supposed to have layn divers moneths under their fascination ; who at certain times , would contract his whole body , within the compass of a joyn'd-stool , and write in hebrew , and greek characters , though not knownto be skilled in those tongues ; that a spirit came then into him , sent by these poor wretches , by which he was so tormented , as he did , in his fits , foame at the mouth . nor was there a greater , and more probable evidence wanting ; for , that night the judges entred the town , one of the witches , did privately desire the jaylour , to bring her into a room by her self , where without any compulsion , ( a thing not omitted by our witch finders ) she told him , she used a familiar , together with the rest ; and that they had joyned to bewitch the said boy ; but did humbly beseech him , her fellows might not know it , nor she be returned to the same lodging , for fear , they should torment her : and within few hours dyed . now upon the keepers evidence , and others of like nature , the two were found guilty , and condemned to be hang'd . but under this proviso , that in case they continued obstinate in the denyal of the fact , the sheriff should remand them back , where they were to live , till the progress , which was to be northward , that summer . the king being gratified by nothing more , then an opportunity to shew his dexterity in discovering an imposture , ( at which , i must confess him , the promptest man living ) upon his arrival convented the boy . where , before him , ( possibly daunted at his presence , or terrified by his words ) he began to faulter , so as the king discover'd a fallacy . and did for a further confirmation , send him to lambeth ; where the servants of george abbot , did in a few weeks , discover the whole deceit . and he was sent back to his majesty , before the end of the progress . where upon a small entreaty , he would repeat all his tricks oftentimes in a day . nor did he do and suffer all this , for a more serious cause , then to prevent a present whipping , and avoyd going to school . amongst other prancks , he lived in an orchard a week , upon apples onely . i shall make no paraphrase , nor pursue the argument further , to avoyd prolixity , no less , then offence . the doctrine of such &c. being a diana , out of which , no small profit is made , and credit purchased , in reference to opinions , otherwise ridiculous , and untenable . give me neither poverty nor riches , prov. . . from this wise kings prayer , we may learn the danger that resides , in these two gulphs , poverty and riches . the latter , alluring no less to pride , then the first tempts , if not compels towards atheism , and infidelity . both gathering strength and aggravation , from the complexion , and education of the patient ; so as if abundance proves the lot of a mean birth ; and want , the companion of one bred in plenty and eminency ; it elevates the first , as far above the sphaere of moderation , as it dejects the other , below the centre of patience . pride despising gods power , no less then poverty distrusts it . for as a perfect and harmonious joy comes neerest to that pleasure and content , assured us in heaven : so anxiety and discontent are a representation of hell. melancholly being the worst of humours , because the devils ; ( if he may be thought , to participate of any ) who apprehends all ill about him , and cannot but despair of better . wherefore poverty must be allowed the most dangerouus condition , because infested with all those prodigious effects , this diabolicall passion is lyable to produce . which are , in a manner , all we do in this world , either punish , or admire : sin being a result of want ; from whence it becomes so far more illegal , then unnatural , as s. paul owns the law , for the most manifest original , and exactest measure of his prevarioations . i know abundance hath been by good men , prized below want , when offered to be made the wages of iniquity ; though none besides our saviour , was ever found , able to grapple with the enemy of mankind being hungry and in want , as he was in the wilderness . which remains none of the weakest effects , left us , of his divinity : and rather inserted , as a mark of his own power , then an example for our immitation . yet such monastical persons , as endeavour to come neerest to it , have enough to satisfie , though possibly , not to pamper nature . the name of voluntary hope of merit , and the worldly respect it brings , bearing most of the charges belonging to it . nor have they wives and children , which looked through , do like opticks , multiply the bulk of want. when others ( not wilfully ) sick of this loathsom plague , as if it were infectious , are not onely forsaken of all , but exposed to the tyranny of every hand desires to oppress them . law it self , ( a friend to all else ) being so heavy an enemy to the poor beggar , as it seeks to discharge the common wealth of them , with no less industry , then the phisitian , doth the body of man , from humours putrid and noxious to its health . i know some make a trade of want ; and by it , are able to live , not one'y idly , but in an unbridled luxury ; whereas , those here meant , consume their bodies , by labour , or which is more painful , in the study of the mind ; yet cannot obtain so much , as to purchase bread sufficient , to stop the mouths of their family , from barking at heaven , and tearing god under the vail of fortune , for pouring upon others , without limitation , what is denyed to them in the meanest proportion . indeed the ancient stoicks , no less , then the more modern divines have , and do still continue their endeavours , to vindicate this unequal distribution from the tincture of partiality ; but have in my mind , left it more ambiguous . onely our saviour in his answer penned for dives , seems ( no less then in other places of his gospel ) to assign heaven , meerly for an inheritance , to such , as want here ; and hell for those that abound : as he that marks the words , cannot but imagine , nor dare i apply the figure of hyperbole , to any saying of his. which exactly weighed , is but a salvo for a mistake , an indefinite number or quantity , suiting better the mouth of an ignorant man , then the immense knowledg of our blessed redeemer . wherefore ( under the correction of a more perfect light ) i think the simile of a camel , ( or cable ) and the eye of a needle justly and mathematically proportioned , to the salvation of a rich man , who is uncapable of it , without a more miraculous extension of the mercy of our maker , then is by himself best known to suffice such , as in this world , have not enjoy'd so much plenty . and , that an observation of the law is not enough , seems to appear , by christs bidding him that had done it , to sell all that he had , &c. as the thing most acceptable to god. wherefore i could wish , that this tithing the minth and cummin of others errours and opinions , were not so nicely performed , and charity with her concomitance probity ( the whole performance of the commandements ) so quite neglected . which no doubt , is the great occasion of so much indigence , as may be observed now ; and so contrary to that in christs time , as it rather hinders , then facilitates , the wayes to heaven : so as it appears , that the devil himself had never experimented so much power in any person , as was able to resist the temptation of misery and want , till he met with job . which gave him the boldness to wager ( as it were ) with god , that in case , he removed the hedge , his love had placed about him , he would curse him to his face . wherefore , it cannot be esteemed , a slight provocation was the greatest , mans enemy could invent . had he onely touched his health , the means of recovery might have remayned : but his livelyhood being lost , nothing continued , but lean patience ; far too weak wholly to ward this blow , though it may dissemble the taking it , or cover the wound for a season . it is no less wholesome then decent , to travel on foot , with a horse in thy hand ; but to the destitute of a like ease , tedious . wherefore seneca may make demonstration of wit , and prescribe rules , for the more quiet enduring of penury , but deserves the less credit , because writ at a time , when himself had occasion to use more moderation , then patience ; which makes me believe , his mind ( together with the rest of the puritanical stoicks ) was far averse from their doctrine ; since a decent frugality out of the society of a more sordid covetousness , could not have accumulated so immense a treasure , as tacitus reports , was found about him. yet concludes his documents , with a peremptory advise , rather to die , then abide in so little ease , as this , and far less intollerable earthly inconveniences are observed to bring with them . which indeed were more to the purpose , could christianity make use of this his last receipt : who is prescribed by her institutes , to tide it out , although the stream of its inconveniences runs never so strong against the nature of man. so as if god had set any lower precipice , as the bottom of the leap , then eternal damnation , i think none so pusillanimous , as would not rather once take it , then to remain still under the weight , of so heavy and unsociable a calamity , that produceth all things hurtful or hateful to nature , for when god mans-out his hosts , the poor are found in the forlorne hope ; and famine takes up her head-quarters under their roof . nor doth the pestilence find a more convenient place , to hatch her malignities in , then the bosom of the indigent . and when the sword is so noble , as to spare him , it is not so much out of mercy as contempt . he being in this onely happy , that his condition is not in a capacity to become worse , no more then in any great probability of amendment ; since in a general felicity , he only is unhappy . because want renders her owners uncapable of trust , by creating suspicion , before any fault is committed : for where necessity abounds , there theft and deccit are supposed , as an infallible consequence . when a felony , or murther is committed , the next poor houses are ordinarily searched . where the lesse is found of their own , the greater suspicion is conceived of what belongs to others . and so loathsom is a beggar esteemed ; as he that is so charitable as to make him drink , is yet , thus uncivil towards him , as to shut the door , and wash the cup after him : as if it were impossible for a person in want , either to be true or wholsom . being shunned of the herd , as one struck by the severest arrow of his makers vengeance ; and left nothing to accompany him , but misery . -- yet none may possibly apprehend him so wretched , as he thinks himself . being for the most part , deprived not only of terrestriall , but future comforts . for if conscious of ill , ( as what meanes hath he of living by , or doing any thing else but evill ? ) through death ( the only way to lead him out of his transitory misery ) he apprehends one prepared for him that is eternall . the indigent person like the flying fish , being not only persecuted in his own element , by those more mighty ; but upon leaving it , falls into their terrible clawes , to whom is assigned the dominion of the ayr. this crosse having wrought so strongly with some complexions , as to purge away all belief of providence , and revive that old damnable opinion , of a double nature in god. now though our blessed saviour is not found above twice , to sustain his followers a miraculous way , and that in the desart , where nature failed ; yet , by making the rich to divide with the poore , he supplyed that defect , this uneven-distribution occasions in the world. and , that no small stress of christian wisdom lay in it , may seem to appear , in the severer punishment inflicted by s. peter ( in many places styled the prince of the apostles ) upon ananias and sapphira , then ever was observed to attend such , as whipped , stoned , and persecuted christ ; not onely in his own person , but that of his followers . wherefore , if those thus set upon , do daily fall into heterodox opinions , or are , not seldom observed , to hang up their sheild of faith , in the temple of despair ; and convert the study of unrewarded vertue , into the more thriving opportunities , deceit affords : they ought to receive pitty from us , because lyable to the like lapses our selves , who through excess are found to rob the poor , more then necessity dares do the rich , out of feare of the iron-teeth of the law ; in all nations farre more severe , then those of christ. who , by not reproving his disciples for taking the eares of corn , gives the hungry belly a larger charter , in the enjoyment of earthly blessings , then the tyranny of power is willing to subscribe ; it being no small augmentation of the needy's misery , and one of the greatest torments in hell , to see all plenty about him , and want within . to conclude , all further discourse , on this tragicall calamity , i shall say , ( but not peremptorily ) if sampson found mercy that destroyed himselfe , for the gratification of his revenge ; what reason is there , in denying it to these , upon the greater provocation of want ? a contemplation on adams fall. such as think gods first injunction trivial , in prohibiting adam , to eat of the forbidden fruit , and the temptation to break this commandement , easie to be avoided , do not consider , that man in his innocency , had no use of any externall thing , but meat : nor other capacity of improving his intellects , save in knowledge . a desire , so diffused throughout the whole masse of humanity , that such as are too weak to apprehend reason of state , will pry into the causes of their land lords-actions ; or , that failing , raise tumults , amongst themselves , by a too neare inspection , and revelation of the newes of each others miscarriages . and this being the most universall humour now , may render it more probable to have been the same did accompany man at the first : nature remaining depraved , not eradicated . wherefore this prohibition , was placed , according to prudence , upon that side , our parents were weakest on ; and so , more fit to receive a caution . for , had god forbidden them theft , or murther , they could not have apprehended his meaning : nothing but will corrupted by passion , being able to bring forth , such uncooth sins into action , which having once fallen , within the compasse of experience , they , by consequence , came within the notion of knowledge , nothing being yet presented to their imaginations , but what was already arrived within the circuit of their senses . the first man appearing to me , no better furnished with knowledge , then an infant in his primitive innocency ; but that , his organs being made perfect , he was capable to apprehend all things , with the same dexterity , his senses were able to feed his fancy : in which they might take so much pleasure , ( since nothing is more tastfull to humanity , then understanding ) that to make , this spring of knowledge more fluent , he swallowed the apple , the fountain of his infelicity ; which instead of gratifying his tast and desire , depraved both . if he gave names to the creatures , suitable to the sinfull use , was after to be made of them , he did not only prophesie their future misery , but his own : and if foreseen , why did he not prevent it ? wherefore the fault must ly , either upon his ignorance , or will. for till his fall , he seemes , to have as little need , of the elephant's docility , or the oxes industry , as it is improbable , but that they were both made for imployment : which had been quite lost , together with all the trades , the blessing [ of encrease and multiply ] is sustained by ; had not adam fallen from his originall integrity . this makes me wonder , to finde eve willing , or at leasure , to chat and gossip it with the serpent ; the most remote in symmetry , from her own glorious form , if not in nature , from her temper and complexion ; especially , having so much the more excellent and adapted companion , as her husband neere her to converse with . which might give credit to their opinion , that the fall was long after the transgression : but that the impossibility of her conceiving a contaminated issue , whilest pure in themselves offers more then a probable confutation . it not being likely , they should forget , for any considerable time , to neglect one of their principall errands , which lay , in performing the blessing , of diffusing his like : the most rationall cause such can produce , as attribute their prevarication , to an excesse in concupiscence ; through which , the tree growing in the midst of the garden , became contaminated . but to bury this conjecture , ( no lesse , then the opinion of josephus , that the serpent had , together with all creatures else , before the fall , an articulate voyce ) in the more certain relation of moses ; ( though in nothing more concise , and abstruse , then about the beginning ; not unpossibly , that he might preserve truth , at the least prejudice to tradition , in the preservation of which , the people of god , were extreame , if not superstitiously tender . ) i shall modestly propose , that if the serpent , was really active , in the seducing of man : ( as may seem to appear , by the curse layd upon him no lesse diffusive , in reference to this world , then ours , it reaching the whole species ; observed at this day , to ( rawle upon the ground ) whether we may not inferre , that this - now-despicable-creature , was the first that went about to infringe the ordinance of god : since those that make the serpent , only instrumentall , to the devils activity , borrow it , from conjecture , not reason , which was never observ'd to punish the sword ; but the hand that did manage it to destruction . wherefore , if it was the devils sin , nothing but the serpents consent in making it selfe instrumentall , could procure a punishment : no more then to the winds that through his incitation , destroyed the children of job . which put together , may crowd a roome for this conjecture , that the devill possessed the serpent with envy first , at so glorious a creature as man was : and after , gained its consent , to be instrumentall in our destruction , and so a cooperator with satan , and a fellow in his sin. for if it be thought unpossible , the serpent should do so ungratefull a service , to humane nature , upon its own instigation , it appears as unreasonable , why it should bear all the penalty ; the divel having augmented , if not begun , his rebellion , against his maker , by seeking to destroy , this his handy-work . these seeming contradictions , together with the appellation of an evening and a morning before the luminaries ( the onely dividers of time ) were made , might tempt philo the jew , to dress in the life of moses , the story of the creation in an allegory , or fable : who standing neerest those times , and in a better light , may be thought by such as love to be sceptical , most probable . but since the ancient and apostolical church ( to whose creed , so far , as my darker infidelity , will give me leave , i shall submit my judgement in all humility ) hath accommodated it to another sense , i think it , as far from prudence , as christianity , to oppose , or in the least , contradict it . though apt to consent , that the lapsed-angels might entertain more commerce upon earth , before the promise of our saviour , and whilst man stood upon his own legs ; then after god had taken him into his protection ; as not thinking it meet to trust such frailty , with so potent an enemy . wherefore he confined the devil into holes and obscure places , out of which upon his own instigation , or imitation of the prophets of the lord , he gave his ambiguous oracles , till by the brighter apparition of the star of jacob , they were struck as irrecoverably dumb , as they were blind before : averred by plutarch in his morals , in the genius , or ghost of socrates . and he that would find a reason , why our first parents were ashamed of their nakedness , must not seek it , in the nature they conveyed to us , where bashfulness is a result of custom , but from the contemplation of some creature then in sight really , or seemingly more beautiful then themselves : there being no occasion for shame , but in respect of a more transcendent perfection . it remaining indubitable , that children with us , and men and women amongst the indians , ( not to be denyed the exactest followers of the primitive dictates of pure nature , ) are no more sensible of shame , in relation to those parts adam and eve are said to have covered , then the europeans express , when found bare-faced . blushing being a silent confession of a fault ; not to be found , amongst the works of god : nor any where , till the law had stamped the figures of reward and punishment , upon such humane actions , as do advance , or depress the general felicity . custom being so exact a disposer of the conveniency , if not consent of mankind , as to make divers wives in turkey , lye quietly , under one and the same covering . so as it requires more then an ordinary intelligence , to distinguish , between the free government of nature , and the imperious tyranny , if i may not call it anarchy ( for it is not in all places alike ) of education . but lest i should appear rather a disciple of plato , then moses , i shall pass by the rabbys no less then the modern philosophers , that consume more time , in hunting after the original of the disease , then the means to cure it , not to be found but in jesus christ. yet , as i said before , since no heart is empty of the humour of curiosity , the beggar being as attentive in his station , to an improvment of knowledge , as the prince ; it is not unlikely , to have been the primary and centrical sin ; from whence the lines of all humane vanities are drawn , and to which they are fastned . for if our latter artists think it no ill argument , to prove the basis of the earth magnetical , because the loadstone is in all clymates found : why may it not be concluded from as great a diffusion , that a too dilated desire of inspection into things was original sin ? since not onely observable in solomon himself ; but in the picture of the fool he draws , who ran after variety : which is onely new knowledge of a strange woman . and if i am not deluded by those more learned , one word in the original is taken for both. but to proceed : when eve saw the fruit , she did covet ; and concupiscence is enough , now to condemn us , though nor then . the text placing the transgression in eating , not desiring : that remayning impossible to be prevented , all things till contaminated by sin , being in so high a degree of perfection , as they did enforce a coveting in all did behold them : it appearing , too low a sacrament of duty in man the supreme vice-gerent of the almighty , to have for a testimony of obedience , onely abstained from what was in it self but meerly indifferently good. it is not likely , he covered his nakedness , with leaves of the same tree , from whence he gathered his destruction : as those imagine , who suppose the indian fig to be the forbidden fruit : for how should he dare to touch that a second time , had wounded him , at first , quite through himself , and his posterity ? though confess'd , a perfect representation of guilt . one root being so diffusive , as by a gum that distills from the boughs , to dilate it self into the vast shade of a desart , sufficient to cover an host of men. nor is curiosity , and a lickorish desire of enjoying that we never tryed , ( though known to be the cloud , in which all the storms impending life are engendred , ) yet cured in us . who by retail , drop into the same errour , we consider in him , as the highest and most impertinent folly. the apple of a wandring eye , not being seldom found able to over-ballance the wisdom of solomon , and the piety of david . wherefore it is time to give-over upbraiding those names of adam and eve : all things we never saw , or knew , being empty sounds , and impertinent appellations . not seldom loaden out of ignorance in the contents of their story , ( as a number of other dead voyces are , ) with insignificant praise or blame . especially , since moses , and the prophets are not heard to condemn them ; as conscious to themselves , they either would , or could not but have done the like . yet we may safely say , that between the suspension of the promise and the fall , ( which might possibly answer the time , christ remained on the cross ) adam endured greater agonies , then e're was matched , but by god and man : who onely , knew the way to untread the maze , in which man had lost himself , and all that should succeed ; if so wicked as to harbour a desire of dilating himself , and bringing an off-spring into a like dilemma , in which , he saw nothing for the present , but horrour , joyned with a fearful expectation of worse to come . not having so much , as the weak twig of hope to sustain him from falling into despair . which could not spring but from the root of an experience , arising from a former experimented mercy : the garden having not yet produced any fruit so lateward . there being as little marks of forgiveness , as there was a dismal example of justice , stamped upon the disobedient angels . whose condition was yet , so far better , then mans , as an already determined judgement is more tollerable , then one that re . mayns still arbitrary , at the will of an omnipotent power ; and in this miserable anxiety , god saves adam , whom , nothing else was so merciful , as to kill . now i can do no less , then predicate here , a more charitable opinion , then theirs that conclude the greatest proportion of men lie under the kingdom of satan : by which , the promise of redemption comes to be restrained , and so the truth of its performance obstructed . it being no where observable , in the dignity of reason , that a superlative power , should go less , or beneath its word in relation to good. it exceeding the reach of the most riged distinction , or strictest interpretation , to find a parity , or equal proportion between the head and the heel : if any were discoverable , between crushing and biting . this makes me tremble at their presumption , who carry breath in their nostrils , yet , are not affraid to affirm that all things so dear to our maker , as to be capable of a future happiness , are not to be found out of the pale of christendom , this , or that church , or rather chappel . no single profession extant , carrying a greater proportion , with the whole world then a peculiar parish , doth to a province . as if the fountains of gods mercy were not as ingenious , and his seven spirits as diffusive as those of nilus ; by which the want not the neglect of rain is supplied in egypt . nor can it be imagined with any salvo , to the dignity , pitty , wisdom , omnipotency , and the promise of god first made , and therefore likely to be most inviolably kept , ( he not being as man , that he should repent ) for , that the earth is the lords , and all that therein is , the fulness thereof , cannot be true , if hell swallow up the major part . and that christ his son should be found , at the last assizes , with a smaller trayn ( let their glory be never so great ) then his , shall march in the head of those miserable souls , cloathed with the wrath of god. can any in prudence , if in equity , think that the malice of his enemy should be more disfusive in relation to particulars , then the mercy of our blessed saviour ? who did not like the divel fall for our destruction , but rise for our justification . there now lives not a greater infidel , then s. thomas was : yet the apostles do not excommunicate him , nor christ reject him , but cure him through a palpable manifestation of those wounds , the greatest part of the world have not nor ever had any knowledge of : nor those most reserved , any inspection into ; but what they make through so smal a faith , as doth not answer the proportion , of a grayn of mustard-seed ; else they would remove those mountains that shadow truth . and if so single an attestation as mine , might be allowed the boldness to appear , against such a cloud of witnesses , as have found the turk and pope guilty in person , of the title of anti-christ , i should reverse the sentence ; and pronounce it rather against that order of men , or discipline , that put the forgiveness of god under a bushel , ( which according to his dignity and promise , ought to diffuse it self over all the nations of the world ) rendring by this means , the inexhaustible treasure of mercy , like the philosophers stone : ( of which some have made the gospel of jesus christ but an allegory ) onely attainable by a people , thus scituated , instructed and qualified : whereas none that call upon the name of god ( a custom appears by genesis not to have begun till after adam ) are exempted out of the primitive grant. the fault of the angels , if compared with that of man , will not be found , upon a true survey , much different . the first endeavouring to equal their maker in his power ; the latter in his wisdom . it is harder to find a reason for the angels sin against god , then their malice to man : it being usual for malefactours to hate their judge , and after sentence , to endeavour the hindrance of its execution , and to bring others , ( at least those they know he favours ) into a like condemnation ; having themselves no better condition , to hope for , nor worse to fear . like the wicked of this world , which seek that ease amongst company , they are not able to find alone . wherefore the preventing satans further triumph , may not improbably be numbred amongst the causes why god shewed mercy to men ; in the salvation of whom , had he been so sparing as some imagine , his justice would appear more prevalent , then his mercy . and so run out into such a dishonorable extreme , as cannot be matched in the practise of the greatest tyrants that ever were : which are not found to make a temporal punishment to extend to a major part , much less one eternal . what ever the text may seem to import to our dull capacities , there was no likelyhood that adam would have in this condition ( if he rightly understood himself ) eat of the tree of life : but rather have swallowed poyson , ( had that place afforded it . ) who by catching at the shadow of divinity , lost the real substance of humanity ; at the suggestion of the devil : who seeing god forme a governour , out of the dust , the most despicable part of his government , yet a more honourable beginning then his , ( any thing being better then nothing ) he might look upon it , with disdain , as unworthy the sentence of goodness . neither might this humour of pride be provoked , if he be admitted so much inspection into future success , as to see the creature he despised , should not onely inherit the glory he was fallen from , but exceed the angels that continued in integrity . thus the serpent growing fruitfull in presumption , endeavours to frustrate his makers intention , by labouring to deface his image in man. but omnipotency struck light , out of darknesse , by making the prince of it , instrumental to the production of his son. and these joyful tydings , that the seed of the woman should prevail against the gates of hel , god brings himself as a token that he meant to performe it in his own person . neither is it to be passed without notice , that , he saith , the seed of the woman onely . for by that , might be prefigured the miraculous conception of our blessed saviour without a man ; noless , then the perversness of depraved nature . for though adam had thus offended and felt an effect of the punishment in his present apprehension , yet he was not able to lay hold on the weak vertues of repentance and acknowledgement ; the lawfull daughters of hope , with whom , yet he had no acquaintance , much less interest , before the promise of christ. but instead of these tokens of grace , he wanted not the impudence , to lay the fault on god ; as if the woman had been made and given him , for his destruction . and in this eves sin was lesse , and her manners more ; for though she would not take it to herself , but cast it on the serpent , yet she doth not upbraid god , with the making of it . now by gods mild answer in this no less then in his colloquie held with cain , after the murther of his brother , we may find , he is not angry according to the mode of men , or as some represent him with thunder continually in his hand . as if our prevarications and miseries had created passions in our maker , and taught him to be angry , or mercifull . since if ever he had been capable of fury , it had now appeared , when he found malice , ingratitude , folly , and pride laid all in the way , to interrupt his work , which his justice must have ruined , had it not been quenched by love : a vertue taken out of the hidden fountain of his goodnesse ; which till then , he was not pleased to reveal . and here his passing-by all notice , of the devils operation , in adams transgression may colour their opinion that think sin did then , and now doth proceed from our selves . conjecturall queres , or problematicall paradoxes concerning reason , speech , learning , experiments , and other philosophical matters . by francis osborn esquire . london , printed by j. grismond , . to his very worthy friend , mr. ro. vvo. of linc. coll. in oxon. sir , did i own the wisdome and wealth of seneca , as truly as i do the highest affection he pretends to in his epistles : this had contained matter no lesse sutable to the greatnesse of your judgement , then the obligation i must ever acknowledge i owe to your goodnesse . but since i am restrained from the first by birth , as i am from the latter by fortune , you may yet be wooed to a more charitable acceptance upon this consideration , that though the present be small , it was not filched from epicurus , or any other magazin of knowledge , then what lyes included within my own invention . which proves this i send you , as absolutely mine , as ever it was theirs ( if any such be ) that may have discovered it before i was born . for being acquitted by my conscience of all theft in this kinde , i take the recitements of others opinions , as relating to no greater a shame in me , then those are obnoxious to , who enriched us with guns and printing , because some maintain they were used in china many thousand yeares before . the ranconter being no lesse happy then his that stumbled on it at first . i confess i have been so basely abused by books , as that i entertain none but upon high commendations . and those rather new then old , however the world is pleased to look a squint upon them , as lesse-deserving , though some have appeared of late to admiration , and so farre transcendent as i feare our period is neere . ignorance and barbarisme , being commonly the last subdued before a generall destruction . knowledge hath been ever taken for an infallible portent of ruine found , so busie a companion , as she leaves nething unpryed into , in heaven or earth towards the heights and depth's of which she is not continually rolcing her conjectures and casting her darts ; tenable through no opinions long , but what she remaines feuer'd to with the strong chaynes of the mathematicks i study no lesse naturall then necessary . the imployment of children , in their exactest innocency , being to make howses and raise pyes of dirt. so as if this inclination were encouraged , and supported through the direction of discreete teachers , these buds might come in future to yeeld ( without tormenting and subduing their spirits ) more wholesom fruite , then the crueller culture of the schoole was ever found yet able to produce . but i hold it no prudence here to give a second blow , by which the idolaters of former customes may be tempted to a like severity in case i should mistake ; as 't is very possible i may . the land-skip i endeavour to draw being darkned through ignorance , superstition , and what is more dreadful , a thick and obscure cloud of different judgements so long embraced for the goddesse of truth , as none can prosecute the contrary , though never so farre off , under hope of a milder penalty , then to be sent away naked , and wounded , which cannot but be thought an uncivil kind of justice , and unsuteable to the primitive and richer ages of the world : where then as few were denyed to search as we sinde now able to determine . every sect of philosophers domineering in his station . yet rather then betray naturall reason into their hands who desire to cut off all farther traffick with the land of knowledge , i shall leave these paradoxes , problems , queres , conjectures , or what you please to call them , wholly to your disposure . being resolved neither to be dejected , nor elated through their destruction or preservation . onely i am consident if they can passe with the smallest degree of your approbation , it may prove a safe conduct in justice against the severest censures of others , no lesse then a perpetuall testimony that i am your faithful friend and servant . conjecturall paradoxes concerning reason , speech , learning , experiments , &c. most philosophy lies clouded by disputes , and the magisteriall determinations of the schooles , from whence it hath till of late , been thought presumption to appeal ; though manifest errours do appear in what they have already judged : and many as materiall things passed by under silence or restraint , that cannot be denyed as fit to be known . nor are any so likely to discover new truths as such as march by themselves , and out of the beaten track of others . curious ideas being like precious stones , sooner stumbled upon , and found in places least looked for , then started by the direction of any that went before ; who have left onely discouragement , or at least but a negative or such a perplexed knowledge , as renders their understanding that rest in it more offuscated and gloomy then the most stupid ignorance it self . which together affords me cause enough to think our rare inventions and pregnant wits stifle their own naturall fertility through a too long and frequent commerce with books ; not seldom of a contrary complexion and style to the readers : yet forced out of custome to be conversant in them . by which he is brought to stammer and become so diffident of himself ( such learnning lying in memory the most pedantical part of knowledge ) as he dares not deliver his own opinion out of reverence to antiquity or any authors else , but in the same words he finds it written . the doting upon forraign authority keeping us still at a stand : like the body of joabs brother , beyond which the israelites would not pass out of a vain reverenceto their general . and thus all further prosecution of knowledge and conquest over ignorance is obstructed , and schollars tyed to cultivate and confine their travels within the circuit of a barren wilderness , stocked with insignificant termes and such crabbed allusions and improbable conclusions , that have no better plea for their authority then the exorbitant veneration which tradition rather then merit , hath awarded antiquity above the equal , if not better judgements found in our age. nor is there hope of any further or more happy progress till these rotten carcasses be removed out of the way , or covered from their eyes that want not hearts and abilities to jogge on better without them . the first man could have at the beginning but this advantage of a child , that his organs were immediately fitted and prepared to receive no less then retain knowledg . which in an infant are obstructed through want of room , or too great a redundancy of phlegm or moisture . for if adam was furnished with more , it must be supernatural , and so far above humane apprehension , as it is to imagine how he should know his goods , or the use of what he never had seen or tryed , unlesse we conceive he brought an inventory or herball into the world with him . wherefore , according to humane understanding , reason like fire was at the beginning but a spark , till through a confluence of all events happenable to man it , received augmentation , as the other did from the supplement of matter ; and having once caught paper did illuminate the world. now though so much knowledge is not unlikely to be found in the creature , as that with the same advantages to increase it , they might become more intelligent then still to remain slaves : yet i find room for a quere , whether this defect ( if capable of that title ) doth not proceed rather from the want of speech , then perception ? or whether humanity that arrogates so high , as to proclaim it self lord over all may not be found in some persons and places ( as it might not impossibly have been in the rest ) little more rationall , had it no greater stock of experiments , to traffick with , then every respective individuall is able to glean up of himself ? our advantages proceeding from commerce , whose wheel once set a work did quickly manifest on which side gain or losse lay , the primitive knowledge of good and evill , and before whose door sin was first found . and this inspection into things at the beginning dim and modest , became by handing from one generation to another , so huge a mountain in their estimation who presumed to have made a full and exact survey of the land of knowledge ; that with the gyants of old , they did not onely rant it over mens persons and consciences , by proportioning what extent of worship befitted the gods , but erected their pillars upon the borders of philosophy under such an imperious injunction , as none , till of late have ventured to discover any thing beyond them ; though found in other descriptions and relations very false , by multiplying such poor advantages as man hath acquired , and depressing greater which do naturally belong to the creature , who is inspired with the same breath , inhabits the same earth , is more healthfull and strong ; onely he seems to come short in reason . the originall of which i shall make my further endeavour to discover . and if it prove in the abstract more adventitious then naturall , and lesse beneficiall , then the senses , upon whose ruines she hath built her foundation , i hope it may hold forth an use of humility unto us , if not move pitty towards the creature , who the apostle justly saith groans for its deliverance . it is on all hands confessed without the least whisper of contradiction , that , luxurious , idle and vitious nations are most pregnant and happy in the richest endowments of the mind . and , that it is ordinary with diverse in extasies , feavers , acute diseases , and during the storms of love , fear , &c. to have their inventions soare higher then in a more entire health they have been found after able to reach . from whence it is deducible , that reason ( for ought we know ) may be but the effect of those corporeall infirmities from which without question it receives augmentation . since wisdom is not found frequently mingled with strength and beauty . the richest endowments unsophisticated nature appears to own in all things living besides ; whereas some , if not the generality of men outwardly crooked and deformed utter inventions most neatly composed . the losse and defect in one externall sense or part making a treble compensation in the mind . contrary to beasts , amongst whom those of the exactest features are most usefull and docile . nor is it probable but such variety of food separated from the blood by fire , and compounded with sugar , spices , salt , sawces , perfumes , with all sorts of viands relating to the high tast , which eaten are convertible into our own bodies , should alter and adde to the faculties of the mind , and fill us in the day with some of those rationall raptures we apprehend from the vapours they raise so palpably during sleep : not to be denyed the effects of a distempered brain , and strangers to such creatures and persons as are of more naturall dyets , or make their repast on herbs and lesse sophisticated meats through which flegme is increased , so known a retarder of understanding as to protract the maturity of children , till by a dryer aliment and unnaturall heat they are exposed to ( especially their heads ) it is consumed , a concurrent cause of this rationall advantaze we pretend to have over beasts that wanting the use of fire are necessarily more replenished with fluid humours , and so by consequence lesse wise , though far more agill , healthful and strong . whereas those to whom we allow the largest proportion of understanding , are weak , meager , and still under some course of physick , which may passe for another cause of knowledge ; the operations of the mind being most prevalent in decrepit bodyes . the same is incident to wine , that doth not seldom inspire a clown with civility , a coward with valour , the most sordidly covetous with liberality ; and ( what is most conducible to the assertion in hand ) a fool with a larger proport on of wit then he had , though unable to reduce it into a habit , by reason of some obstruction or leakage in his organs . from whence it is as apparent that fancy and conceit may be gratisied at the prejudice of the senses , no lesse then by the usuall practise of students , poets , and accomptants that use all endeavours to exclude and stifle the ideas both of their eyes and eares , whose diversions they can by no means admit without hazarding the happy successe of all they are in labour to bring about . whereas beasts , by reason of their continuall fears find leasure to be attentive to nothing but sense . like a town besieged wherein all other a t s cease , but what may contribute to releif and preservation , because hearing and smelling are their chiefest out-guards , and without which they cannot in safety gather their food . nor doth their care extend beyond this for want of that spur of necessity ( formed through the mediation of their own arts and nature ) with which men are pricked on to new inventions . being at better leisure & more security . able ( standing in little awe but of their own species ) to consume those spirits in internall contemplations , through which both themselves and their fellow - creatures are rendred more miserable then by nature , without this improvement ( of what they call wisdom ) they needed to have been ; whilst the other animalls are forced to dissipate them amongst their senses onely to purchase food and safety . yet the knowledge so much boasted of , is no more ours , then honey is the bees , before picked up out of the lesse-erring practises of the more innocent creatures , from whence they have deduced their best principles to the very arts used by themselves in the preservation or destruction of their own kind . and these hoarded up in memory , the magazin of by-past events , though possibly at first no more retentive in man's head then beasts , till by the fumes of the former mentioned excesse , ours become so oyly like a pot-lid , and apt for receipt , as nothing worthy observation could escape without leaving an impression behind it . and in this mould with the help of fire , and a continuall refining through time , the purest reason , so much relyed on by statists and politicians came at first to be cast. and that this is not obtruded upon belief under a single testimony , it may be found the opinion of the french nation , where they have not a more apposite expression for a fool , then , that , his head is ill made . no weak argument of an universall belief , that midwives skill doth highly conduce to an advancement or depression of wisdom in a child . and from hence i have been led to this wish , that the like office might be performed on the behalf of a young ape ( of the kingdom of congo , of which some years since i saw one in england , that bare a symmetry if not throughout like to , yet very little differing from a childs ) whose skull being kept from a too sudden closing by heat , swathing , and the rest of the ligations used by nurses to infants might not unpossibly acquire reason , which once attained , the impediments to speech , ( whose principall cunning lyes in a musicall division or mincing a continued sound into articulate notes ) would be no sooner discovered then removed : we enjoying many things under the favour and endeavours of reason , far more difficult and remote from the confines of nature , then the coynage of languages rendred apparent through the multitude of them met with in the world . and this once acquired , though by chance and not altogether consonant to the exact pattern of nature , custom , assisted by imagination might render diffusive for the future . as i believe not onely many of our new-purchased qualities but diverse of those mans curiosity hath imprinted upon his own kind or others , are already become manifest in a succession of doggs whelped without tayles . to which mutilation ( at first no question purely humane or meerly accidentall ) nature hath been so indulgent already , as insteed of an unsightly bob , to forme a sharp comely bone like the scut of a deer . now since we are able to adde to , or diminish from natures work , both in reference to body and mind , it cannot appear improbable that many alterations ( perhaps greater then we are able to imagine , or ready to believe ) have had their flux and reflux often repeated or changed since the beginning . which may render it no improbable opinion , ( but as true as formerly it hath been common ) that apes were of the seed of cham , or else the by-blowes of some wild stock of humanity : the characters of whose kind remaining no lesse manifest in their bodies , then affections to women : of which there are so many living witnesses , as it were superfluous to endeavour to prove it . onely this may be added as a further testimony : that my self have seen two monkies that for many years did not fail to have duly a lunary purgation . nor is this any rare discovery , but cited as a report by the lord mountayne in his essayes , no lesse then we find it the usuall practise of the almighty in the scriptures , to ' punish a sin in the succession of a ' family , as he did some with short life , others with leprosie , &c. the recitall of which i will fully omit , it being my taske rather to propose then determine . and if any understand what is said here in a more positive sense , they abuse themselves no lesse then wrong me ; who have no stronger assertions to justifie this , then my weak conjecture , which is , that if god layd the deprivation of reason upon these monsters ( for other they cannot appear to be , bearing a shape and owning gestures as various from the rest of animals , as their conceptions are remote from the prudence of a man ) for any peculiar offence , or that humane lust did cause it , by casting seed into an irrationall and improper soyle , there lyes no cure for this bestiality , if not in heat . cold being a heavy enemy to activity of the mind though a try'd friend to strength , and a continuer of perfection . as heat on the contrary melts and refines the spirits into a more rationall temper . the first of which is exemplified in sheep and kine , which though usefull , cannot be excluded the catalogue of the most simple : for exposing their new fallen young to the injury of the weather , their pores become sealed up so close as the grosse and flegmatick strangle the purer spirits onely capable of that vivacity and cunning found in those creatures forced to use stratagems in the gayning of their food , whose whelps are housed in dennes and thickets . nor are the foggy humours in those creatures rarifi'd by sweat , most proper to the heads of men , that in horses being rather squeezed out by labour , then distilled gently by drops , through which nature obtains an opportunity to pick and choose , who uncompelled will part with nothing but what is bad or superfluous . now if the head be capable of moulding into one figure more apt for the production of reason , then another ( as it is on the side of common experience confessed ) then can as little doubt be made but that it must needs have been litt upon in a far lesse revolution of time then the world hath already passed over , if certain of her own chronologie , which some have extended many thousand of yeares beyond what by faith we are obliged to believe . and wisdom once attained could never be lost ; since ( as it is reported of the elixar ) she receives augmentation and improvement from every event . and because our greater security and variety of food hath suffocated and abated so much of our sense as it is in no proportion able to find imployment for our fancie , ( against whose nature it is to be idle ) as that more entire may do in the creature ; man is continually ruminating of what is past , or attentive on what is present , and by comparing of these , is in some mediocrity taught to determine of the future . having wisdome or folly objected to him , according as the conjecture doth quadrate with truth , and the concurrence of a happy successe . whereas the rest of animals not being able to estate their young , and such as succeed in their dear-bought experiences , ( if not for want of memory the mint of knowledge , yet out of an incapacity for discourse , and disability to employ such arts as are only proper to societies limited by lawes ) become stunted in their knowledge ; and without improvement , not owning a larger stock then the brevity of a turbulent life is able to accumulate , for want of words , which coyned into questions and answers , are only able to barter our own , and purchase the wisdom belonging to others . now if any think people were born wise at the first , ( i mean in relation to the understanding now currant ) they cannot but alter their opinion upon contemplation of the vast improvement one age makes of what went before , and how many new and more usefull arts are now as it were daily invented . and as the want of words is a totall eclipse , of any nearer dawne or further progresse in the creature towards reason ; so we finde the confusion of languages no small remora to the enlargement of mans : the which ( as is observable in some plagues else ) though immediately poured on us by god for sin , have their radicall cause yet extant in nature it selfe : so a variety in dialects may by such probabilities as these seem to be occasioned , speech being but an appellation of things of which providence hath bestowed many in one place , denyed to others , a diversity of languages must needs attend as a necessary consequence . made yet more various and lesse intelligible from moysture and drowth ; through whose mediocrity or excesse , sound is rendered either liquid or mute proportionate to the contraction or extension of their organs who do , or may hereafter inhabit the place . that cannot but naturally own the causes of such effects . some pumping their words out of their throats , others lower . as i knew a tall scotchman allow'd a pension from king james , that could frame a voice at the mouth of his lungs , seeming to be remote from the eares of the nearest by-stander . a fallacy no lesse likely to be in practice with the priests of apollo then the originall of many miraculous narrations of old. and through this variety of tone and pronunciation it often comes to passe , that an englishman is not able readily to converse with a stranger in one and the same latine . from whence we may modestly observe that nature had the confusion of tongues în potentia before god reduced it into an actuall plague . who did not then create it anew , no more then he did the rain - bow. but did only accommodate this punishment to his present purpose . now though the multiplicity of idioms may in some part cloud our knowledge from the experiences to be gain'd by strangers , yet the time usually spent , and the hardship indured at schoole to dissipate these mediums , & to learn to see through them , may not unpossibly be heavier and more tedious then the curse it selfe . it being likelier to have been the voyce of custome then reason that fonted a bare knowledge in tongues with the title of learning . in the prosecution of which the spirits of children are blunted , and wit exchanged for insignificant termes , and a stupid ignorance of all things else , under the tyrannicall regiment of an ignorant pedagogue . who if good for any thing , that art must needes go so averse to the grayne of his understanding , as he cannot but be a meere empericke in it . apparent in the most , because seldom undertaken , but as a last reserve , and after more easie and thriving professions have been tryed . where if the salary prove not more necessary to his fortune , then so unmanly an erudition doth to the miserable child , 't is easie to guesse who drove the bargain . and this plague past some to bayle themselves out of the deserts of want , and the sonnes of others lesse needy to attain an insight into such tongues , as our ancestors folly , not reason , prompted them to , preferre before experience the dialect of the world , and with which you may travaile further and in more security then with all the learning in europe . the child now in his most docile age to study men , and softest temper to take the impression of patience and complyance , is by a learned tutor and brazen-fac'd impudence gayned in the schooles swept and garnished to receive a seaven-fold more wilfull and indomitable ignorance in relation to what is convenient and becomming a citizen of the world. a false opinion of what he hath not covering from his apprehension such defects as really he hath . such as make learning a full imployment have their judgement so over-awed by antiquity , that like players they dare present nothing in publick but what their poets have left them written . and if any exception can be made against that generall rule , which concludes a too long continuance at the university no great advancer of parts , it will be found amongst such as passed under the notion of raschalls and libertine . it being obvious to proof ( if i were willing to register those glorious names under such a monstrous head ) that none have graced learning more then some the university hath exploded . invention being an art of too noble a nature , to be learned under a prentiship , or the great restraint of the schools . that spoil and dead the fresh and piquant tast of later and new wits by putting them into old formes , patched up with sentences , which doth unavoydably make a rent in the authors style . it being impossible for one to write or behave himself suitable to the gusto of all , or of the major part that hath not spent his time in a more universall commerce then the guize of an academy is able to afford . and if any doubt of this truth , shew the infidel a meer-schollar in the company of ladies ; or ( that failing to convert him , ) a managing his horse , or estate after the old idolater his father or uncle is dead , who thought no other calves deserv'd to be worshipfull that had not learn'd to bleat after the mode of dan or bethel . the ancient and indeed most naturall tryall for land in this nation ( since strength and valour measures out the livelyhood and place of abode to every creature ) was by combate : at this day reduced into the art of fencing , whose exactest professors are not seldom confounded and beaten out of their play by an active country-man , that owns no more cunning then a robust arm , and a quick eye is able to informe a cudgell withall , easily found in every wood : because managed contrary to a premised method ; the practise of the science , ( far easier call'd noble then prov'd so ) had onely acquainted the fencer with , who becomes further to seek , and is put in a greater disarray through this more naturall , but lesse methodicall way , then another possibly might have been , that deals his blowes by a lesse artificiall direction . the faculties of soul and body being observed at long running to receive seldom amendment , often detriment from the restrictions of art : unlesse in things like painting meerly delusive , or grafting , and planting wholly laborious . these being imbellishers , if not restorers of nature , whereas the liberall sciences ( as the schools call them ) labour to confine experience within generall rules , though found to be as diffusive and numberlesse as the accidents and events depending upon motion . and through whose mediation alone reason is capable of a further improvement . as mans refusing no nourishment hath already been owned ( and i doubt not but under the favour of some seeming probability at least ) for an advancer of that wisdom , we transcend the rest of gods creatures in . so i presume it may as rationally be proposed for an occasion of long life : since through so various a change of meates the severall humours of our bodies are in a continuall vicissitude so stimulated and held in such an equall contest , as neither heat nor cold , drowth nor moysture are suffered to exceed that just proportion nature hath assigned to maintain all things in being : few creatures attaining to so long a continuance as elephants , horses , &c. most domesticall with men , which by reason of the great variety of herbs they feed on in summer , and their dry dyet in winter ( noted by that honourable restorer of philosophy for a great prolonger of life ) do not seldom reach the most ordinary ages of men. and amongst birds , those of prey , parrats and geese ; the first feeding on all sorts of flesh , nor will they refuse fish upon occasion ; as the second of every thing eatable by us ; the third upon what is held venemous to human nature , besides grasse and corne. whereas doves , sparrowe , &c. are of short continuance ; to which i shall onely adde , in favour of my former assertion , that the fowles first mentioned come short in understanding of nothing that hath wings . i heard it first affirmed by a french student in physick , and known it verified by my own experience in relation to many that all fowle may be eaten , ( if not for delight ) in a siege , or time of necessity , without danger . opinion rather then nature having caused a disgust generally arising against some ( of themselves ) delicate meats , as my self can attest for young-bald-bazzards , sparrow-hawkes , owles , &c. together with a number of things more an effeminate nicenesse hath exploded our tables . yet in the mean time mushromes , frogs , whelkes , snayles , &c. have crawled into the dishes of princes , and are daily eaten in their courts for dainties , which amongst other viands not in use amongst our ancestours are not unlikely to occasion other vapours then their more unsophisticated food did alembecke the heads of such orderly persons withall , whose dreames if not waking imaginations must needs differ from ours . as i can instance from a repeated experiment ofmy own , who encouraged through the former mentioned french man's confidence , did eat at supper a considerable quantity of the green-woodspite with the long-tongue . after which i found my sleep taken up with uncouth and ( as i then apprehended ) no impertinent fancies , the cause i made a second experiment , with the like successe . from whence may be deduced , that if our nourishment or any outward or inward application or disgestion may be of force to inspire sleep with various dreams , which remembred waking seem not unworthy our own most serious meditations no lesse then the attention of others more wise. man alone that hath extended his food over all things eatable cannot but participate of every effect they are either in grosse or respectively lyable unto , and so capable of a more diffusive knowledge then the creatures , not able to disgest that variety custome hath rendred the stomackes of men familiar withall . theirs being commonly of one temper and without mixture . ours hot and cold , dry and moyst , bordering upon the next confines of poyson ; and not seldom a composition of all contrarieties together . now if our bodies ( as doctor browne no lesse wittily then truly saith ) are in a small revolution of time licked from our trenchers , why may not what we eat , work as effectually upon our spirits as flesh , and as well waking as asleep ? upon the first view of cornelius agrippa's vanity of sciences , i did applaud his diligence , in becomming so versed in every profession , no lesse then his resolute detection of their abuses : by which he confirms me in the opinion , that what we esteem wisdom , is of no more signall advantage ( as i have often said ) then what is deduceable out of the weaknesse of others . yet upon inspection into the bottom of his reprehensions , i find the world is held up and kept in plight meerly by cheating : so as those trades he hath reduced under a numeration are not only guilty , but himselfe and all such as make it their pastime if not their business to be scepticall in what is generally lookt upon as certain ; and to fish for more probable truths in the depths of nature . where nothing is found pure without mixture , ( if we may not with reverence say sophistication ) to her very products of life and death . since the one would be as farre to seek of any content in the absence of hope , as the other of bitternesse out of the presence of feare . now since the mother of all things useth such slights to flatter her children into the act of generation , for her own sake of continuance , and for the same hath represented death in the most odious aspect , to terrifie us out of the desire of the grave , ( which though opposite to her present intention , cannot but be as necessary to a future , and that which religion teacheth , is only capable to make us in the least measure happy ) how should her creature man produce more usefull , or gather more lasting fruit then those of sodom , that vanish upon the offer of fruition , since the most beneficial calling or imployment is uncapable of affording a more honourable salary , then industry can worm out of the wants of others ? from whence we may safely affirm , that sin is the chiefest task-master , since the most are busied about what is destructive , superfluous , or uncertain . and to remove this from vulgar understandings , the best and readiest chapman for all things adulterated in reference to honour , profit , and universall good and tranquillity , the preservation of which hath diminished much of the naturall stock belonging to particulars . such ranting termes as agrippa mentions , are stuffed into all sciences . through which the most familiar things are rendred unintelligible without a lexicon . and in no other respect usefull , then like gawdy shells , and glistering stones to adorn the fountains of learning towards the gratification of their eyes , who led by the ocean of books that daily issue out , come to visit them like the heads of nilus . though such cawting cannot but be destructive to nearer relations , by which every profession is furnished with an opportunity of deceit , to the end of the chapter of trade . the continuance of which renders the buyer oftentimes further to seek in the knowledge of the name , then the thing . an inconvenience so visible and epidemicall , as it could never have come under my pen , had it continued within the circle of men obnoxious to the like fault , and not fallen so heavy upon children , whose misery no lesse then losse of time i have not yet forgot ; indur'd and spent upon formes little different from those of a gally , to no more thriving an intention in reference to the publick , then apothecaries paynt and adorn their shops which is to delude the ignorant , and hide from inspection such arts as lye more in parade then substance . the occasion not onely of a greater expence of yeares in this lymbo , to the losse of the more usefull vision of experience , but a smaller proficiency in learning , such being held so long viewing the superscription , as small leasure ( if any desire ) is left to consider the contents . nor doth the universality of this abuse render it more tolerable then the multitude , as well as variety of company can the paynes of hell. learning running in this course so contrary to what she professes , which is to render reason more playn , that she brings , like eve a totter'd apron to cover it . though chalk-stones may appear of too weak and soft a temper to perfect a fabrick , yet they become usefull and necessary to mark and delineate the first grounds for the greatest and most exact designes : so idea's the embryo's of knowledge , are not seldom found in heads apter for conception , then production . it being a labour proper and peculiar to jupiter alone to be at once delivered of so exact a minerva , & so strongly arm'd as may be proof against detraction & emendation . yet rambling wits ought ( in my poor judgement ) to be indulged , because by crumbling their conjectures on all subjects , they have in every age further inriched the world , then solider understandings are known to have done . which may appear upon tryall fitter for nourses then mothers , whom in a short time they teach their children to forget , and call that by their own names , never cost them more paynes then to educate and ( loath suteably to the apprehensions of men. a truth so manifest , that if all the arts ( not to mention the altars ) were forced to refund what hath been primitively borrowed from the poets , they would ( if not be naked ) want many of their richest ornaments . and if we call to account who first did embellish our language , we shall not finde them amongst the greatest clarks , but such as were more conversant with men then books . for though the first like flegmatick cattle , hanging their noses still over their tables , may appear more plomp and voluminous , yet such as with the eagle survay the world , cannot but be more active and exemplary . nature holds out proof against all constraint . for if violated in one sense , it is still for a gratification of some other passion or affection , at the present more prevalent . coneys , ferrets , &c. do not seldom devoure their young , but 't is alwayes for want of water or meat . nor are women ( out of feare and shame of what law hath rather forged then found in the records of nature ) lesse cruel to their children , when squeezed between the bark of reproach , and the dreadfull tree of destruction , they make them away . for though nature hath placed mother and child in a relation next in blood ; she hath removed them many degrees off in that of affection , ever most prevalent in reference to themselves ; especially when all hope determines as it doth here . to conclude , selfe-murther ( as we call it , though reckoned amongst the highest results of valour ) being still to avoyd a present , or put to silence all expectation of future misery , esteemed worse then death , may no more then the rest be contrary to the award of this universall mistresse , whose highest intention is well-being , no more then it is against reason of two evills to make choyce of the least . no element is found lyable to a more generall diminution then it is subject to an universal excesse . manifest in the sea , that receives not any augmentation from the greatest confluence of land-floods . the reason is , that her commings-in are mathematically adjousted to her layings-out . all possible abatements in one place being reemburs'd in another , by a continuall bartering and exchange . from whence through a naturall chimistry so much is commuted or calcin'd as onely makes good the principall stock without incroachment upon superfluity or want. such as seek further after their own originall , or are in quest of a remoter cause then god , prosecure a no lesse impertinent study , and from whence no more certain solution can be expected then conjecture is able to return their curiosity , who endeavour to find out what mutations may succeed after death hath determined their speculation shall cease . it being equally impossible to discover our first production , as for a child , without direction , to know the midwife that brought him into the world , or the precise part of it whereon he was born . wherefore out of the power of any thing but omnisciency to extend a pedigree beyond the line of ordinary generation . that related by moses pointing more to obedience , and an exact observation of the sabbath ( not till long after the creation indulged through any reveal'd practice ) then the fomenting of understanding not improperly alleadged for the discoverer if not the occasion of infelicity ; man remaining in a more entire tranquillity under a calm ignorance then such a turbulent and indeterminable knowledge . which like the aprons it first produced , is patched up with so many leaves of contrary operations , ends , and applications , that under presence of a covering for our shame , it doth daily reveal more mischief , and is by reason of a subtilty learn'd from the serpent , able to conceal greater malice , sin and wickednesse ( the originall of infelicity ) then naked-mankind had ever been capable of without it . so as no thanks remaines due to it , but what may result from the abbreviation of life . it being an undenyable truth , that the production of every child , is if not an advancer of the monarchy of reason in its own person , the doubted subject of others deceit , and oppression . humane wisdom being of little larger extent , then what it is able to purchase and find room for through an incroachment and advantage made and taken of others folly and defects . and from this the whole world comes to be so universally inhabited , every family seeking rest by evasion . it being as naturall for strife to abound where want is as for strength to prevail . wherefore sin must needs be an effect if not of eating , of excesse : through which man out of love , for himself , came to robbe others , and to obviate the differences , could not but arise from inequality in strength , appetites , and desires , government was instituted . towards whose favour all lawes both civill and divine are either taught , or do naturally incline . yet if any in curiosity desire to make scrutiny into their own originall , i cannot but with solomon send them to the insects for their further satisfaction , and perswade them to be more studious after the causes of such animalls as the sun doth yearly create or regenerate . and to enquire whether matter may not be so prepared and adapted by us as it shall be capable of animation through a propensity to that regular and even proportion of weight and measure , naturally required by the first agents of life . nor can any cause of discouragement be well apprehended in the prosecution of life's originall , through a more curious inspection into the production of insects , which once perfectly survey'd and found out , cannot but open a window towards the prospect of our own beginning . since he that hath discovered the spring by which a small watch is inlived , not to be denyed the neater workmanship , cannot in reason be farre to seek what causeth and continues the operations of a church-clock ; their motions being one and the same , no lesse then their engines , though bound up in a smaller volume , and supported by more leggs and feet . nor are there found above one or two considerable obstructions lying in the way of this endeavour . and those no further binding then a commission received from custome hath power to oblige . of which the first is an implicite and blinde adhering to the votes and presidents derived to us from antiqulty , not considering , there may not unpossibly lye as vast a world of truth beyond this rotten barre , as experience hath shewn us of land and nations , which never fell within the compasse of the old maps or these writers cognizance . and as this renders the further indeavour after knowledge , a lost-labour in the conceit of dunses ; so our torrify'd . brayn'd zealots , through as great a mistake in scripture apprehend it as damnable . yet the reason of the first ; no lesse then the consciences of the latter might receive satisfaction from dr. hackwells apology , were they capable of it . to which may be added , that since many words and actions recited of the patriarchs , do in all judgements deviate from the exacter lines of morality ( the principall , if not the only end of their manifestation ) what caution can be given , or assurance taken for their infallibility in philosophy ? the inculcation of which was never intended , but what is found said in relation to it , rather accommodated to the vulgar opinion , then any imperative truth . from whence may be gathered , that joshua's bidding the sun stand still , is no more argument for the motion of it , then jacob's deluding his brother may be pleaded in the justification of mine . wherefore he that out of a venerable esteeme of the sacred text , gives credit to a prolongation of the day , and so a full performance of all the ends and purposes for which the request was made , it matters not in relation to faith , whether it resulted from the sun 's or the earth's motion . joshua being the generall of an army not a professed philosopher . so no lesse uncapable of a mistake in the mathematicks then elijah was in the calculation of gods servants whom he summed up in his peculiar person , till his arithmetick was better regulated by the essence of number , &c. nor did our saviour discountenance this opinion , when he according to the usuall mode of the place , did lift up his eyes towards heaven , though he did know , and teach us that the father was not onely resident in himself , but together with all things in and under the earth . as for other rubbs lying in the way of a further inquisition after knowledge ( all being readier to cast reproach and inke in the face of a projectour , then to assist for the present , or help in the future , unlesse after death ) to improve to the best advantage what perhaps he has not strength alone to produce . i look upon them in some as a design to guard their callings from inspection : and in others as an obstinate ignorance engendred out of shame to confess themselves no lesse then their teachers , to have for so many ages , been promoters of , and satisfied with what now doth plainly appeare to be meere figments , &c. fancy is the mould and pencill that shapes the forme , and casts the colour upon man and beast , according to the pattern presented to it by the senses . though it may be look'd upon in the schooles , under an inferiour notion , where the custom is , to be most fruitfull in termes when they are most barren of understanding , tying knot upon knot , when she findes her nailes too short , for the unravelling of the first . especially upon hir endeavours to enlarge the excellencies of man ( whom in a high rant she styles a little world ) above his fellow-creatures . and to make this good , places in one part of his head , a receptacle for memory , and others for invention , reason , &c. besides a number of mansions more , scituated in the heart for vertues , passions , and affections . though upon a strict scrutiny the same goods may be found in the beast , and farre more useful , and lesse contaminated through a greasie-diet , and exorbitant pursuite after pleasure , by which men become worse then beasts , gratifying their tast at the prejudice of all the rest of the senses , the naturall guardes of safety , yet manifest amongst the more temperate indians , reported ( like our english crowes ) to smell gunpowder at a great distance , gayning nothing by the change but an imperfect reason , which with that inchanted horne blown by the satyre , doth terrifie more then confirme or resolve , such as own and make use of it . yet we passe over in the creature , greater and more certain advantages , without notice or under contempt . forgetting , that if we allow them fancy , which like a looking-glasse doth not only retaine the outward figures sense presents us with , but doth reverberate those censures upon it , as are observed to perplex or quiet the passions in both , what huge advantage is left man to boast of , more , then that it may be better scituated , or is of a greater circumference in us then them ? growing like the chrystalline humour in the eyes quicker from a variation of objects . and hence cannot be denyed to result all the wisdom discernable in both , with which by reason of discourse , we are able to make the lowder noyse , though they are not found quite silent , and no lesse ready then able in case of danger , to advice one the other , as every fowler can upon his knowledg attest . yet the whole extent of both our capacities lyes in no larger a circle , then that of others follies . onely in things not yet fallen within the compasse of experience and in relation to prognostication , or prediction , the creature hath the preheminence , out of a more accurate vivacity in sense . the world labours of a double quartane , wherein the number of good dayes ( if any be ) are far exceeded by the bad. the serenity of the spring being overvoted through the scortching heat in summer , and the cold in winter . besides the interruptions met with arising from her own private distempers . the same dismall fatality attends youth and age. in which sicknesse and other calamities suitable to both seasons causeth in all not onely a necessity , but in some a desire to put themselves upon the tryall of death , and return again into the lapp of that earth to and from whence all things do in a certain vicissitude go , and come ; which may authorize a beliefe that all things were not created for their own sakes , but the meer interest of nature , which abhors to be idle , or to leave any in an impregnant condition . and from hence may arise another conjecture ; that the moon no lesse then the stars may be as well replenished with inhabitants as the earth , and subject to the same changes , in relation to what it produceth though stable and so long permanent it self , as god in his eternall decree hath determined they shall remain , being subject to no dissolution , but from the force of that command did at first establish them , together with all things extant . among which , though some are observed to wear out and perish , they are as it were but the externall ornaments and houshold-stuffe which within a short revolution of time do receive a fresh renovation from the sun , the highest and most splendid result of god's beauty our mortall eyes ( unsupported by faith ) are able to discern . which may afford cause of pitty for some of the heathen that made it the object of their worship , who finding it the cause of such visible resurrections presumed it might be the originall of all things . imagining the power of continuance and preservation equall to that of creation , not being able to see higher , for want of the light of the word of god. it may be no improbable paradox , that where the earths magneticall effects cease , there some other no lesse active power begins to operate with a like motion another way . which granted , it can be no prodigious conjecture that such birds as are observed to inne or board in this clyme onely for some certain months , maintain a like temporary commerce with other planets , as they are found to do amongst us , according to the respective advantages nature hath taught them to make of times and seasons . and that their passage is without much difficulty may be asserted from the punctuall dayes they keep yearly to come and go in . not possibly to be observed were they obnoxious to any obstruction from wind and weather , or the least other contingency lying in their rode : which the revolution of a shorter space then men are found to live could not chuse but discover . and that the place they come from relates to the earth admits the most probable tryall from us , which being an iland may best observe whether they do appear first by the sea-side or in the midland : and if the latter ( as i have heard it often affirmed the cuckow is universally seen the second of aprill ) the assertion may be allowed , in reason , the sentence of probability , if not of an unquestionable truth , that woodcocks are some years in great plenty by the shore in norfolk cannotbe denyed . but yet it is as manifest , that at the same time their appearance is as numerous in the most in land counties . nor is it necessary that they should all descend in a line . though thousands of feldefers and thrushes have been seen within the compasse of a mile and none round about . nor doth wearisomnesse appear about any but such as come off from the sea ; ( which may not unpossibly have mistaken their way ) or any signes of a new resurrection , their plumage being smooth , and bodies plump ; so that i my self have seen both swallowes and hobbys build and tred upon their first appearance , as if they had no other businesse in this world then to ly-in ; and produce their young , as fishes are noted to change their coast upon the like arrand , &c , i believe it possible for birds not of the same kinde and plume to engender with success and to an huge imbellishing of nature , and as great an improvement of her store . and this was by some acquaintance of mine put under experiment before these wars , that had large cages of wyer wherein were put together onely hens of some sorts , and cocks of another . how it did answer expectation i know not , yet am confident it might succeed , especially in reference to those nourished through a like sustenance , since my self saw an hawke owned the plume and shape between a hobby and a tassel-gentle . nor is it contrary to the grain of probability to endeavour a breed betwixt hares and coneys , an ordinary cat and a civet ; the head of which species is by the resemblance of the muscles no lesse then all signes and gestures of the lyon. and between whom there remains lesse difference in proportion then an irish-grey . houxd compared with a lap-dog . animals no lesse then plants receiving notorious changes from the climates out of which they were at first transported , proving for the most part largest towards the sun. nor is it doubted but a dog-fox and an ordinary bitch will generate . as i heard the last marquesse of hambleton's father verifie he saw in scotland . nor did those huge and strang-headed deer sent for presents to king james , fail to cohabit with ours and have young . now he that would observe the assinity in the food and bignesse of beasts and birds , and put none but them together , i doubt not but in the absence of their own kind they might easily be drawn to joyn . one day ruminating upon pride , and the dismall effects it draws upon mankind , i had all the postures and evidences brought in against those arraigned for this diabolicall passion acted before me by a turkey-cock . who stood priding himselfe no lesse in the sun and prosperities of the spring then nebuchadnezzar did on the battlements of his palace . from whence i began to conclude it naturall , and so not radically evill , no more then anger or love. therefore under the notion of an enquiry into the advantages god hath given us above others ; a perfect knowledge of our own good parts is so far remote from pride that it is rather a spur to vertue , and so onely depraved not invented by the divell , who with all his chimistry is not able to convert the seed , of a naturall effect into the root of evill ; though he hath perverted this , as many things else into malignity against god. the least of whose beauty is sufficient to advance our thoughts above our selves , in which case , it is rather a rapture , then a sin . characters & letters , &c. a character of honour . honour is one of the grand impostures of the earth ; through whose false splendour , unadvised ambition is , as it were , trepan'd out of its life , liberty , &c. no folly transcending theirs , esteeme themselves onely happy in a vaine title , or syllable ; at the beginning pronounced by the prince , and after reverberated by the meager , empty , and hollow eccho , of the insignificant rabble ; no lesse ready , upon the change of fortune , to murther , then father , all markes of desert ; to those very particular ones , their own indulgence had informed . opinion being for the most part printed in such blind ink , as it hardly remaines legible , to the second generation . the merit of the first proprietor becomming mortify'd by oblivion , or quite dissipated , and lost in the wilder fields of a no lesse numerous , then vitious posterity . so remote from improving any talents left them by their ancestours , as like the improvident usurer in the gospel , they do not only expose them to rust , and cankers , but waste the estate , with all other glorious endowments in which they were wrapped . the promoter of their family , becomming by this meanes , an occasion of the ruine of it . it lying in the nature , no lesse then the custom of honour , to put as unreasonable an excize on the vices , as the vertues of its owners . i never thought it prudence , or discretion , to articulate over-severely on the worst of modes i have had the good , or ill fortune to be born and bred under ; yet it seemes to crosse the grayn of wisdom , if not of candid charity , to arraign as guilty of absurdity , all we finde in ordinary practise abroad , though on the other side the pale of christianity . and for a particular instance ; that , used amongst the turks : where no title but what belongs to the emperour , is made hereditary . honour being hardly managable within the compasse of decency , by any are not perfect in the steps that lead to it . splendid epithets , where there resides no reall ability in the party to deserve them , cheating the beholders , by an expectation of more vertue , and the possessour with lesse , then his parasites ( a vermine capitall fortunes are infested withall ) may have possibly insinuated into his formerly suborned imagination . but to descend to a more exact definition of honour : it is a meere ray or beame darted from the favour of a prince , who in one body contains the abstract of all delated dignities . and the reward of every desert is either reall , or by him supposed , in the nature or actions of those he thinks fit to advance : amongst which none are more glorious , then they in turky ; where worth is alwayes found the antecedent to every reward . those in christendom , that relate wholly to the passions , and affections of the donor , not appearing . so naturall , but further remote from the purer and unsophisticated elements of majesty , then what is found inherent in the party . the true cause of advancement amongst us , being , commonly so triviall , and foule , as for shame , they forbore to recite it in their patent . from whence , some may conclude , those disparities amongst men proceeded at first , like hills and dales , from the deluge of pride , so long , a succession of government , hath powred upon the face of the earth . courts by such canting termes advancing their particular interest ; which would be abated , were the devourers , in an equall parallel with those they feed on . the rabble , for want of a more elated prudence , imagining their governours to proceed , like the gyants of old , from some diviner extraction then their own. not wise enough to apprehend , that honour hath no advantage , really , in it selfe , but what it is able to deduce from the lower condition , and basencsse of others . all titles , to those relating to god himself , as they were absent , before the creation ; so reason informs us , they could not be present now , were there no creatures , endued with so much understanding , as to be able to pronounce them . the most relucent honour being offuscated , and blinded in the shades of solitude . wherefore , if it had a name , it wanted an owner , till something was made willing to promote it . no age , ever represented it more naked to the world , then this we live in . whereas the jewes do in italy , by the ancient roman coynes , so , the grave visages of bishops have been struck off , and put upon many thousand presbyterians ; whereupon the image , and superscription of the primitive church , is quite defaced , and obliterated , through the impresse they are exchanged for : which ownes no worth , but from the gravity of the first . being it self , of no greater antiquity , then john calvin , who did not but with some difficulty as boyes do giggs , whip this younger government out of a word , taught for many ages to signifie episcopacy onely ; making it currant in geneva . now , if it be no lesse frequent in the practise of men , then in the dialect of the scriptures , to rob god of his honour ; why should any , but meerly mortall , place stability in it ? especially , since the trash these earthly tumours swell withall , is by the basest of , &c. render'd so perspicuous . valour and cowardice . i should much wonder how valour and cowardice , both strangers , if not contrary to the practice of undistracted nature , could passe so long without the errata , in the place-book of virtue and vice : but that i finde it , the design of policy , to advance , or abate the credit of all things found useful or destructive to her own , or the generall utility : and , where she can bring in the least colour for it to paint , what is necessary to commerce , with the gratefull approbation of religion ; and to render the contrary in the dark sense , and black characters of hell. allowing all supports as decent and quadrating with the beauty of holiness , though above or against the lights of reason , if found , any way requisite , to sustain government . of such force is custom , that it is able , through the assistance of credulity , to stifle , and trample upon the senses themselves . now , though it may be no indiscretion in a patient , to suffer himself for his recovery , to be deluded by his physitian ; yet out of a panique fear , or effeminate nicety , to swallow more drugs , and in greater quantities then is unavoydably necessary , may appear a madnesse , arising from the more dreadfull , then dangerous phantasmes mustered up by the fumes of a formerly-suborned melancholy ; rather then the substantiall dictates af an unsophisticated judgement , which a wise man may retain , and feast himself with , though for manners sake , and to avoyd the danger , no lesse then shame , impending singularity , he may seem to own the most universall opinion . now to shew , how policy , no less then religion , imposeth upon frail humanity , in both the fore-mentioned particulars ( though to the apprehension of sense , absolutely repugnant one to the other ) they are scituated as near damnation , that appear overdaring in the prosecution of private revenge ; as such who out of remissenesse , and fear , betray the cause of their country ; in defence of which , is placed , under all professions extant , the highest step of our duty to god and our neighbour . which cannot be denyed to stand further remote in nature , then what really concerns our selves : found recorded in job , by the divell ; a far ancienter philosopher then the somuch-venerated aristotle . from whence we may conclude , that resolution and dread instituted by nature at first , for the vindication and safety of every respective individuall , are since tyranny and propriety have forced us into communalties , reduced by common consent of law , and conveniency into a publiaue stock , for the preservation of all. so as we are suffered , to own no more in reference to our selves , then prudence is able to filtch out of the treasury of the state : and that upon no slighter a penalty , then law doth inflict ; which found too dim-sighted to penetrate further , then externall evidence can reach ; religion , whose results ( and those no weak ones ) lye in conscience , supplyes the place of a diviner-guard ; brandishing like the angell in paradise , the flaming sword of hell : which operates more or less , upon the affections , proportionall to the tincture , received from education . not seldom proof ( as we find in hereticks ) against the dictates of reason her self ; nothing being harder to be lost , or convinced of falshood then opinions sucked in with the nourses milk. and this may raise an use of caution , in relation to what we call pusillanimity , and valour . which in a naturall and primitive sense , signifie onely evasion . and where that will not serve in order to our own preservation , a vigorous and stout resistance to the losse of life it self , as is manifest in every creature , in the absence of hope ; and therefore impossible to be found wanting , in the pure and unsuborned nature of man. and so in the primitive construction uncapable of any forreigner interpretation , then what is deduceable from our own judgement , without reference to fame , or reward . termes unintelligible , during the originall felicity : and before the thirst after generation had swelled the world , into such an ocean of inhabitants , as could not be kept within the compass of moderation , but by mounds and bancks ; in the making of which all things are imployed that own the power to terrifie or flatter the rabble into obedience , without bearing any nicer respect , to single individualls , then through evading , or over-ruling the law , power or prudence is able to purchase to themselves , by mastering , flattering , or contemning publick fame . after which , it may be sometimes less policy to run , then not to be too greedy , to give it welcom when it courts us : opinion being a bird oftner catcht by chance , then endeavour . nor shall any one that carryes her on his first , ever want envy , or scratching by others . and he that hath but the patience , to attend good or bad report to the end of the race , shall observe them like cocks to change their oddes : one unlucky blow being able to depresse more , and draw a greater concourse of abettors to the other side , then twenty as strong and probable endeavours , without successe can possibly advance . or , if this fail , the gamesters together with what they strove for , will by the hand of time , be laid in oblivion . whereas the reall wounds , and sensible inconveniencies accruing ftom a too serious attention , and exact observance of the various cadences of the trumpet of fame , subject to be put out of tune , by the change of every blast , do not onely exceed the cure of the chierurgeon , but all endeavours to that of wisdom it self . nor hath policy any cheaper trash to load the opposite scale withall , then honour and titles ; which like horse-bells , onely affect the eare , as diamonds do the eyes ; encreasing , rather then lessening the burthen of life : which , with its concomitance envy , danger , and jealousie signifies nothing , proportionable at least , to what the purchase requires ; seldom enjoy'd of the owner long , without controversie ; unlesse by dying in possession he cuts off all contrary claims . wherefore such as have the dexterity , to passe their dayes , at the least expence of trouble and conveniency , may be truely said , to husband discretion best . nor are they likely to be misled , in such a vast number of fooles and madmen , as are daily observ'd , to sacrifice their own ease and content to promote the ambition and small plots of others : grounding their hopes upon those , that have no assurance themselves . but this runs so contrary to the grain of practice , as it may not unpossibly , set such teeth on edge , as are able through detraction , or power , to blast the authour of this advice . a letter writ to disswade mr. — from a duell . sir , i shall , at this time , conceal , what i apprehend of your quarrell , and the circumstances that did at first produce it : lest i should fall into a physitians indiscretion , who comming to one labouring of a fever , did consume the time , in telling the patient , the causes of his distemper were drink and evill company : which though possibly true , could not but carry the figure of a meager impertinency , before the party had his cure ; since no place is now left for prevention . and as physick is opposed to the defects incident to bad dyet , and disorder : so counsell hath been observed , to moderate , and palliate , though not cure those of indiscretion ; arising for the most part from an inexperience in the exact knowledge of our own fame , no lesse then that of others ; and where it may be , or is scituated , with the smallest prejudice to conscience , or giving the least interruption to the prospect of self-preservation , the first result in the intention of nature , and left as of greatest intendment , to the care of prudence . from whence i have been taught , that it is possible , for physick to be welcome , though distastefull ; but that counsell seldom meets any more favourable construction then scorn , from the receiver ; & an opinion of presumption in him that ventures to give it ; especially , if it meets not with a candid nature : which hoping to find in you , i shall so much transgresse the voyce of discretion , as to suffer my self in love to become an arbitrator , between the honour and prudence of a friend , so far , as to maintain , that such as animate you to a formall revenge , do out of forgetfulnesse , or want of religion , forbear to calculate the danger , no lesse then impiety , that for ever cleaves to such hands , as are found once polluted in blood : and , that those violate the dictates of piety and discretion , ( by wisdome esteemed the most considerable part of manhood ) that contradict it . for to use their own canting , ( no where to be found in the dialect of antiquity ) he hath given you an affront ; and such an one , as may not decently be passed-by , without a formall satisfaction ; which is but the single and wild opinion of some under-graduates in the arts of living . yet , admit it a debt , due in the court of honour , may it not as well be discharged by your friend or servant , as your self ? parties lesse agitated by interest and passion , and therefore the likelyer , to deal a revenge so evenly , as he shall have as little cause to bragge as you to repent . a thing you can never promise your self , if contrary to the injunctions of god and the examples of the most prudent people you proportion out your satisfaction in the field . where you cannot but deliver into the custody of blind fortune , not onely your life but estate : as justly belonging to posterity , as ever your ancestours made it yours . which by this mad-knight-errantry you hazard to undo . i am sure all wise minds will quadrate with this . and if the fools of the present age , pretend to any discoveries of wayes to honour , new and untrod , by the ancients , let 'um follow them , to the furthest extent of their lives or lunacy . whilest you hearken , to the graver advice of reason . which may informe you , he hath offer'd an abuse already , and will you hazard upon equall terms the receiving a greater ? indeed if a requitall had been endeavoured at the instant it might have rendred you more excusable before god and man : but that opportunity omitted ; it were more wrong to your charity , then vindication of valour , in cold blood to call back revenge : as if a worse christian upon meditation , then when irritated by fury and passion . neither is honour to be purchased , in single and self-perswading combates , because no marks of them appear in antiquity ; where many are found dead , but not one , to my remembrance , upon so impertinent a quarrell , as words . yet we may conclude from the foul expressions in oratours , that the mouthes of the gentry were then none of the cleanest . he that consults former histories , may find , that some have gained more repute from a retreat , then others could obtain by a won-field . and what is a retreat , i pray you , but a fine word for running away ? fiercenesse being proper to beasts , whereas a neat evasion belongs peculiarly to men. of which , i shall instance this , as now fresh in my memory . a gentleman lying , like you , under the repute of an injury , did meet his enemy , and shot him with a pistoll stopped full of dung , whereupon he cryed he was slayn , which set him further back in the opinion of the world , then his former vapouring had advanced him , when the excrement the dagge was loaden with , appeared to the senses of the standers-by . and for this , the wit of it's deviser was highly commended . another return'd this answer , with a like successe , to a younger brothers challenge ; that if he could prove his losse as great as his , should he kill or be killed , he would gladly accept it ; otherwise he did not think it reason , to venture his life , against one did want necessaries , and so might seek death , no lesse out of discontent , then gallantry : which himself , that wanted nothing , had no cause to do . all that remaines is but your pardon for this boldnesse , which i most seriously desire . remaining in the mean time , no lesse your faithfull friend , then , sir , your , &c. a letter to mr. — in hope to disswade him from going a colonel under count mansfield . sir , i cannot but own it , for a high presumption , to offer such suddain and crude conceptions in a businesse where i presume , you have employed , not only your owne , but the most serious advice of your friends . to the abilities and dignity of whom , though i am forced to give place , i may not justly be accounted behind them in affection to your selfe , or affaires . wherefore having received so great an encouragement from your commands , no lesse then a stimulation from my particular desire to serve you , i shall according to my small experience , and the meaner abilities i have found in me , to employ it to the best labour , to inform you , these corrupt times have rendred many things necessary to the german warres , are no wayes suteable to your complexion , or fortune , which your generall , being a stranger , cannot in probability , advance , without offending his own , and sinning against an article of policy , and nature . nor shall you , though loaden with the highest merit , render your return more gratefull to your naturall prince : king james having alwayes numbered souldiers amongst those , he esteemes the worst of men , and most formidable to his person . the expedition being by him rather connived at , then approved , out of hope , by this meanes , to facilitate the two treaties of a match with spain , and the restitution of the pallatinate : which obtained , ( according to the mode of pusillanimous princes ) all endeavours will be used to discharge the state of you and your companions , as a society most superfluous during peace ; the only thing our king doth study to promote : to whose eares a drum is more terrible then thunder , and the report of a canon then the voyce of god himselfe . which , ( if our church-men may be credited ) doth at this day cry for vengeance , against the cruelty , exercised upon christians ; especially from england , by an unanimous consent chosen the head of the protestant league , till his majesty had forfeited that honour to the brisker assistance given by the french. now , can you think he should indulge valour as a vertue in another , when nothing is more manifest , then that he labours to expunge all marks , or occasions for it in himselfe , or any about him so farre , as to answer my lo. — when he came from the warres , and desired to kisse his hand , that he feared he would bite it , and therefore bad he should be muffled ? nor is it our kings mode alone , ( that never made use of souldiers unlesse to slight them ) but that of spaigne ; under whom the most deserving have dyed in disgrace , if not by poyson . and amongst the catalogue of those stand written with great characters in the kalender of fame , few or none , are registred for saints , or happy . it being past controversie , that , no warre can be called just , beares not a reall tincture of defensative . and whosoever hath , or shall have enterprized the contrary , though his name be never so richly enamelled on the ring of fortune , and himself placed at the top of her wheele , yet he is but the scourge of god : and doth for the most part , fall , when he thinks himselfe most capable of standing . like charles the th , that was by the duke of saxony , ( a family of his own raysing ) beaten over the alps , by torch-light , and himself like the sword of goliah , wound up into a high contempt of this world , and layd in a monastery . the sins and oversights of gods children are severely punished . but it is as true , that nothing costs dearer , then the bloud of his saints . as may appear by such horse-leaches , as have been applyed to his church ; from whence a double quantity hath been drawn , by some unexpected meanes . but if these reasons savour too much of theology , consider how unpossible it is to do any thing , without the love of the common souldier abroad , and how unsafe he must needes be at home that enjoyes it ; there being nothing more usuall with princes , then to be jealous of their liberators . manifest in byron ; who , after he had set the crown upon henry the fourths head , lost his own , out of a no more pious reason , then that upon a contrary provocation , he might have removed it to another . and to shew of what vile esteeme souldiers are in the dayes of peace ; i will not say ( though i have heard it ) that the judges , after the irish warres , were given it in charge : yet can assure you , they hanged souldiers for faults , which , others ( thought of more use in peace ) did scape , or obtained pardon for . if so unhappy , as to receive a wound in your person or credit , it remains yours , without the least diminution . if honour , custome shares it between your country , and he that commands in chiefe . who , being a forreyner , is not unlikely to rob you of your due ; or by imploying you on desperate service , to conclude fame and your life together . i know , your resolution is too well lyned by philosophy against the storms of danger , to admit a parly with any force but that of reason : wherefore i forbear to paynt them , lest i should seem to scare you with feares , are for many yeares , left to be terrible to my selfe . who have long since thought it ridiculous , to court sleep by opiums , and protract death by cordialls ; which is but the head of the same species , being both the effect of an unavoydable lassitude . yet though life is imposed upon mortalls without , if not against their consent , it cannot be denyed the strongest result of the highest wisdom , to situate your selfe so , as it may consume at the most ease , and with the least perturbation ; which is not to be expected from such a flaring and intemperate a course , as that of a souldier : that can make choyce of no friend nor enemy , but what the state assignes him ; or proportion his pitty or justice , to his own morality , but their ambition and jealousie , that command in chief . to whom in all things you are bound to obey , though contrary to the grayn of prudence it self . that arbitrary government you so much complain of at home , being the best you can in reason , expect to finde , in an army abroad ; where , the stresse of discipline lies more upon the administration of severity , then justice . such as are reported to list themselves under the black prince of darkn sse , draw articles before they consigne their bloud ; and have a circle enchanted , with a power to protect them : whereas a souldier hath nothing to plead for , against actuall obedience , but the narrow circumference of protection , that lies in the will of a generall . to whom , the vertue and valour of his officers is no lesse formidable , in relation to his particular jealousies , then the vices and cowardice , of his meaner souldiers , are thought pernicious to successe in the field . wherefore no prince deserves such honourable attendance as those , that head their armies themselves . generalissimo's like stepfathers , carrying no other naturall affection , but for the advancement of their own glory . so as they esteem , all inferiour merit , as an intrusion upon theirs : it being ordinary with custom , to award fame to such as have least deserved it ; and asperse with infamy , those of more glorious merit . i confesse necessity cannot onely abate the edge of these reasons ; but turne their poynts against the urger . yet , since it is not impossible , but that the electour may have miscarried in his allegeance towards the emperour , it cannot be indiscreet or impertinent to mind you , of the hazard and small reward they commonly are capable of , that render themselves arbitrators of a forreign difference ; i do comply with you , in all the pitty , prayers , and contributions can be offered for the restitution of the vertuous lady elizabeth : yet shall reserve my person to bestow upon the preservation of my country , in the quarrell of which , i can onely justifie , the spilling of my own blood , or that of others . the universall imployment of a souldier , not being yet legally made out to me , by any injunction either morall , or divine . the practice of the switzers in relation to forreign quarrells , appearing as remote from christian charity , as natural prudence . it cannot be denyed , but that souldiers are necessary , during the distracted times of invasion : so it is as true , that few callings are looked upon with more disdain , when a nation enjoyes an absolute tranquillity . wherefore it can be no act of discretion , to inrole your self , under a profession , onely in esteem , during the worser ages , and not the best . wherein maims are considered rather as marks of an inconsiderate and brutish valour , then a temperate and advised prudence . were you thrown upon it , by the iron hornes of an unavoydable compulsion , or flattered into it , out of a more then probable assurance of an honourable advantage ; something might be objected to the prayers of your friends , and contrary desires of your enemies : who may not unpossibly tempt you , into this uncertain hope , out of a design , to rob you of all you really enjoy . consider your education , how much a stranger it hath been , to the incommodious treatment the field doth afford : out of whose verge , it is more decent and safe , still to preserve your selfe , then , at any time to retire , though upon the highest provocation ; of whose legitimacy , your enemies from whom you part , will be the arbitrators , and not your friends , to whom you return . warre being a turbulent and destructive calling , with more credit and safety alwayes neglected , then at any time for saken . he that never fought , receiving a fairer encomium from charity , then a captain that hath deserted his poste . nor doth a colonel stand for more , then a single wheele , in the frame of an army , where the generall remaines heir to all desert . — the rest is lost . a letter to mr. w. p. the continuance of your acquaintance is the highest pinnacle of my ambition . and from whence i am not onely tempted , but do willingly submit to the lowest of your commands . in the pursuance of which , i came on purpose , to meet you at b. — loaden with the strongest advice , so weak a judgement is able to man-out . but i find , your own wisdom hath given me the opportunity , to spare my english ; by discovering to you , without the help of a prospective , or the dearer prejudice of a tryall , what i found verified through many yeares experience , viz. that honourable persons , like too great fires , may warm and comfort such as are content only to serve them at a distance : but blast the parts , and consume the fortunes of those are found to attend them in any neerer relations . who gayn , for the most part like the birds that follow the crocodile , no richer reward , then the reversions of their teeth . it being usuall with these monsters in nature , to esteem none capable of desert , but such , as fortune , or basenesse hath made necessary to their vices , or power . the first of which , is as much below the breeding , as the other , is the candour of a gentleman : to whom , it is incongruous , to leave the honour he was born to , at the foot of that ladder , he hopes to ascend by , to a greater . neither , have they that are instrumentall to their rapine , a more noble imployment , then those beasts reported of in the indies : who hunt the prey for the lyons , and after by his strength they are subdued , must rest satisfied with what the covetousnesse of their master shall leave undevour'd . for my selfe , as none can , with affection , look upon the gulph , hath swallowed up his felicity : so i remain in so high a feud with greatnesse , as , if i did not find [ lord ] in my daily prayers , i should not name it ( in relation to servant ) without detestation . the which lord , had i served as i ought , the other would have been no more known to me , then leopards , wolves , and tygers , seldom , if ever , seen by us , but in grates and pictures . yet how manifest soever this truth is , i am not so foolish my selfe , or think others so wise , as to esteem any precept , or example strong enough to restrain the unsupported ignorance of young men from falling into this trap ; bayted with more ease , though far lesse assurance , then law , physick , &c. for this course often neglected , ni which hundreds perish for one that thrives ; who is yet found to be more imperious then the master himself . since the powerful word of god assisted by the rhetorick of divines , is not of efficacy sufficient to keep them from following pride , lust , and drunkenness , though hell be assigned for the conclusion . but , if yo udesire a more full , and elegant prosecution of this theame , i refer you to lucian : having already exceeded my first intention , which was only to kisse your hands , and in fewer words , to assure you that i am sir , your servant . another to the same . sir , had you not assur'd me you were not well , i should easily have guessed it my self ; from the commendation your letter gave to mine . which cannot but be rather the effect of a fever , then your judgement . to which , though i am so highly obliged for the present , as to gain a more honourable esteem in your fancy , then , without the like mediation , i could possibly have attained : yet i do not onely abhor this , but all advantages else , that own the least semblance of a prejudice to you . so as i could not have been thus romantique , but that the last line , prov'd a cordiall to the first ; by expunging all fear of future danger , in respect of your health . and for prudence , i find it by the elegancy of your style , and the solidity of matter , so far rather increased , then diminished , as i am confident your opinion is , by this time , alter'd in reference to my desert : though i am willing to flatter my self , that your love continues . but whether the horse follows the chariot , or the chariot the horse , persons of parts are found to make so great a descent , which submit themselves to this course of servitude , that they waken the admiration of lookers-on , much more , then the apprehensions of those , that , like me , have , so apparently , suffered in their particular interests : it being impossible to imagine a greater lunacy , then to cast away time , freedom , and fortune after such , as so little regard it , that they esteem it reward sufficient for the most of their servants , if they have an opportunity to observe the basenesse of their natures , for what is gotten by them , belongs rather to their own impudence , or importunity ; then the bounty , or goodnesse of their masters : since he that remains defective , in one of these two court-vertues , shall be compell'd to make a third of pure necessity . let a man consume a prentiship with a citizen : at the end of the time , it is his own fault , if he be not able to live. but when a trades-man ( like one of his majesties antique statues ) is taken out of a base cellar or vault , ( no prodigy in our dayes ) and set up at court ; it is his least care to provide for his servants , unlesse necessary to his vices , or the infirmities that proceed from them . such being able to ride him where they please ; either , over their fellows , or strangers , by way of terrour , or disdain : or curvet , and prance with his complements , in token of respect . they resembling , for the most part , oranges , that yeild nothing but upon squeezing . i confesse , the dependance on a monster of this kind , may be of excellent use for protection , in these fat all times , where innocency is found too weak for deceit : could it be obtain'd without a greater losse . but as in a contract with the divell , the first thing parted with , is hope of future felicity : so a secretary must quit his freedom , or imployment ; being tyed to so strict an attendance , as his lord is no more able to spare him , then his own brains , or thumbs . by which , the slavery becomes so great , as it can receive no compensation from profit . wherefore such as are wisest , retain onely the acquaintance of great men : whom i have observed to thrive better then their meniall servants . it being usuall with them , to bestow benefits on those that least deserve . and to him , they have injured by denying a just reward , it is their mode , to become an enemy . as i have found most certainly true , who am sir , your servant . postscript . i have sent you this to serve as a black-patch , or foyle ; to set out the beauty of your virgil. and therein you may observe the strength of affection : which for your sake is able to raise in me the enthusiasmes of a poet ; from whose inspiration , this oracle is pronounced . this work is finish'd so , as no supply can be expected from posterity . nor could thy authour's laurell match thy btyes , hadst thou appear'd with him , in caesar's dayes . yet , he that this translation dares to slight , must not admire to see a moore wash'd white , and chan'gd to english-beauty : losing none of what was hers ; but adding of his owne . if that our northern paint be not so good , 't is not thy fault : whose pencil understood no lesse then any roman's . and this shall struggle for fame with the originall : and waste more bloud , & inck , then in the strife between those states who first gave homer life , which will be justice . for he did undo by writing then , what wit entayl'd thee to . like to an elder-brother that is curst in all things else : yet priz'd for comming first . but to conclude the wishes of my heart , oh that my prayse could equall thy desert , a letter perswading — . — to marry . though your contexture makes me confident , you will not hazard the dansing couranios with apes in hell : yet it is none of the least modern miracles , why you stay so long unmarried . as if you had an antidote to repell age , and were proof against the weapons of time ; or had a receipt to recover his locks worn off , by such , as neglect to lay hold on the present occasion : which you would never do , had you seriously consider'd the present condition of your mother ; ( whose youth is said , so blasphemous is tradition , rather to have exceeded , then come short of your present beauty : ) how a few yeares hath changed alabaster into wainscot , and ruffled her neck like a walking buskin : so that such , as would once have crossed seas , but for an apparition of her , cannot but now think it ominous , to meet her fasting . if you resolve upon none , till you pattern the character your fancy presented me , ( when i had last the honour to kisse your hands , and heard the scorn wherewith you received the offer of — i must be bold to tell you , i took it rather as a copy of your countenance , then any thought could take its originall from the discretion i ever own'd you lady of ) you may as well expect a new creation . since , so much perfection , as your language did then paynt , is not to be found out of a romance ; or the short entertainment , during a lovers passion ; which once , throughly cured , by fruition , is not found rarely to recoyle into as great , a contrary extreame . i confess , wise , constant , and compleate servants may be had ; but few such husbands , whose mindes are no lesse altered by marriage , then drunken men are by sleep : but become like them , weary and sick , of what they formerly took delight in ; upon the apprehension , that he which yokes himself to a woman , forfeits his prudence , no lesse , then she doth hazard her repute , who incircles a man in her arms before enchanted by the priest , through custome and shame made farre more necessary to you , then men. wherefore finding that time is uncessantly nibling at youth , and beauty the baite of your trap : and that it is unlikely with no stronger engines , to catch one that is wise : be nimble , and lay hold on this that is rich. who is confess'd none of the seven wise masters ; and therefore with more ease to be governed . the felicities of marriage , perishing in the conflict arising between man and wife , of equall spirits and understanding . it being impossible there should want contests , where both lay claym to a capacity fit onely to be obeyed . which , if you have him , will by all , be conceded on your side . so that , instead of being a ward , ( a tenure every married woman holds from the award of her maker ) you shall be guardian of the person and estate of your husband . now , in relation to other things , upon the score of which you may reckon stronger felicities ; they will be found , after enjoyment , to vanish into cyphers . learning becomming as unsociable for ladies , as half-witted men are wilfull and jealous ; rocks that the softness of his head gives sufficient caution for , so that , under this conjunction , you may , without interruption , follow what inclinations you please . wherefore , if you resolve to marry , no husband is more proper ; whose folly you may exchange for wisdom , when you please . and to renounce it quite , were , besides burying your talent in the ground , and robbing of the world , which you ought to leave as rich as you found it : you should fall into the condition of an old mayd , then which nothing is more despicable : who is acceptable in no company . not daring to come amongst women , for fear of declaring more knowledge then she can , with reference to honesty own : or approach men out of the danger of contempt . the morall of andromeda , is a history of your present condition . where , the barren rock she was tyde too , is virginity . the monster that came to devour her , time. and he reported to deliver her , some witty-spark , that perswaded her , to take a rich --- &c. to her husband , might warrant the accesse of one more acceptable . oh , let him have this honour faire lady , who is madam , your servant . on a looking-glasse . dear glasse , tell me , by what art , thou bean'st her image without break - when the same doe's crack my heart , ( ing ? just as i am now a speaking . on another which she said did flatter . blame not your glasse , that doth her duty . nor can it flatter so much beauty . but for the rest , in policy , it shewes them fairer then they be . since if they saw their faces true , this , would be broke ; and envy'd you . another . dear glasse , joyn with her eyes ; and both ( concurre to note more worth in me , and less in her , a song . the graces are , by custom , bound once in an age , all to be sound in one creature : there to shew all the beauties they do owe , and now having fix'd on thee be not proud : since , you may see , time allowes them not to stay , but to meet , and go away . yet though whilst these guests be here , you do rate their lodging dear : if you suffer me to take it , i 'le not break , when they forsake it . the terms , of fair and good , do not express thy worth , no more , then theirs , call princes fine , when deck'd in diamonds , like the stars they shine : nay , i 'le maintain their folly to be less ; since such a sight hath oft before been seen : whilst he that would inform a shape like thine , prometheus-like must filtch from things divine . on a picture . though this be drawn exactly forth , it doth no more retain her worth , then the shadow of a rose can the scent of one that growes . another . between this , & her mind , there is that odds , as is in mans frail-workmanship and gods. a letter to two sisters the one black the other fair. ladyes , it is design , and , i hope , no presumption in me , to joyn you in one : that , besides the opportunity of presenting the highest of my respects , i might comprize in a single letter , the totall summe of all the perfection extant in woman-kind . black and white , being the unquestioned originall , of that infinite variety of beauty , ( the mint of nature ) through which is maintained her necessary commerce of generation . and , in this equall distribution , fortune hath shewn no small ingenuity , ( who is more wanton , and inexorable , then blind or carelesse ) in assigning , that of least duration , the fewest years . for if you did not wither alike , art and opinion ( the limmers and carvers of all excellency , ) would have tempted , if not constrained every one , to serve , and adore that sister onely , whose beauty had survived . by which , sweet variety had been lost ; and perfection reduced into one monarchy , which , now , martch in your two glorious regiments . to both which , i remain an equall captive . being , ladyes , &c. beauty is writ in severall characters ; ( all ? none but are skil'd in some : who finds out which votes them mad , do say , that this man errs because his choice is black , or low , or tall ; nature would have all pleas'd : and such as fall on ordinary features , are less learn'd : the indian beauties are as plain discern'd by those do know their figure , as the white . nor can expression render it so right , as may force others to approve the text. reason with tast , & love , should not be vext . a letter to — — after the death of his lady . sir , i know , i need not minde you , that all sublunary things are transitory : dansing like the atomes ( the ancient philosophers imagined the world not onely to be made of , but stuffed withall ) between one condition , and another . life seeming to be lent , to keep death in imployment . and generation , to serve onely for the production of bodies ; that the fatall sisters might not weave in vain , or want creatures to vayl with their garments of mortality . but it is time to give over , at least , to turn down a leafe ; and refer the inculcation of this morality , till some fitter time ; for fear of falling into their indiscretion , are found to wake a sick friend , by an impertinent inquisition after his condition , or the unseasonable administration of a direction which way to dispose of his body . since none can calculate his ease better , then the patient : sorrow it selfe not being destitute of its voluptuousnesse . which , hoping you will not , too farre exceed : give me leave , to conclude that manners exacted this ; and discretion no more but to assure you , i am , &c. an epitaph . stone , so long as thou dost last , let the reader know thou hast the drosse of her , once own'd a mind contayn'd the worth of woman-kind . but no more : who speaks her glory , must have for every dust a story . the authours epitaph upon himselfe . i envy not such graves as take up room , meerely with jet & porphyry ; since a tomb adds no desert : wisdom , thou thing divine : convert my humble soul into thy shrine . and then this body though it want a store , shall dignifie all places where 't is throwne . a letter to disswade — from marrying a rich , but ugly and deformed , &c. vvhen i heard at first , you went a wooing to — i thought it a trick put upon you by enemies : but finding it seconded , and seeing the fearfull examples of those , who out of discontent , and a desire to change their present condition , are found to cast away themselves ; i begin to take your danger to heart . and do here , in the sincerity of affection , offer my hand , to stay the tying of that knot , with which you go about to strangle your future felicity . for , though i confesse the party may not unpossibly be very rich , yet it is as likely , the things required to dead the apprehension of such a loathsome companion , will prove so chargeable , as in a short time , her gold will be spent , and nothing left , but the foul beast that brought it . yet suppose you finde so much , as may beare the expence of mad company , whores and drink , ( wicked cordialls , though generally used , to correct such poyson ) can you divest humanity so farre , as to make her partner in a bed , is able to render you so much an enemy to womankind , as to exchange it for sodomy ? if not bestiality it self ? for though you may not be punished by law , the act will be severely condemned , and esteemed brutish , by all the rationall part of the world ; it not lying in the gender or kind , but forme , to render a creature monstrous and abominable to the nature of commerce . — i am so charitable , ( yet in confidence of others vertue , rather then her owne ) as to believe she is a virgin , in reference to man : who in that action , might with more justice , be punished for a deflowrer of himselfe , then her. wherefore you will have no more reason , to brag of this priviledge , then he , that first descended into hell. of whose superlative uglinesse ( though her body be so composed , as the divell need not alter the best of her features , to make her resemble the foulest of his fiends ; yet ) it may be numbered amongst the questions , least capable of decision ; whether , that , or her mind , be most crooked ? and to cover this , ( yet none of the worst of her imperfections , ) she is supported , like tyranny , by steele . from whence , her breath is become so noysome , as no venomous thing can live , in her presence : nor any person sick of the mother , miscarry . now what effects her embraces will work upon your selfe , may be guess'd , by groomes : — who in a small time , come to out-stink the very beasts they are conversant with . -- and what is said , is so farre , from hyperbolicall , as , it resembles truth more then she does a woman . yet all this , is but a slender security , to warrant posterity upon , should such a monster confute philosophy , in producing her like , for ; if money be so prevalent , as to make you sell your liberty ; why may it not hire another , to become so much a slave , as to do your drudgery ? who , cannot be , upon serious thoughts , thus singular ; as , to preferre , the absolute possession of a dung-boat , before , the having a partner in a tall ship. but if so fond of wealth , as to break through these considerations : teach her to cover her face , and not salute your friends . or , if she must be kiss'd , ( the strongest complement was ever used ) let her disrobe her — not possible to be more noysome , then her mouth . if prose be not tart enough , to weane you , from so childish a resolution ; for the feare of poetry desist : which may make you the subject of a comedy . and guesse by these verses of a friend , what enemies may say . can you but think , the antient blindness great , when men made gods , of that which we make or wonder those by nile , could offer fat ( meat ? and goodly oxen , to an ugly cat ? yet you ( no lesse advised ) to a witch will sell your fate , in hope for to be rich. who like the idolls , in a pagan feast , carries a monkeys face , upon her breast , shadow'd with shoulders : under which , doth stay a bonnet crouching , like a hill at sea. nor may her bosome fayle of a device , to hatch an egge into a cockatrice . or turn men atheists , who believe no elves can now be found , but what we make our selves . were she in india , where they serve the devill , not out of hope of good , but feare of evill , they would adore her : lest her sun-like nose should burn , and smoke tobacco , as it growes . or , lest the venom of her loathsom breath , might blow some soule contagion ore the earth . or , that the spaniards , by her malice taught , might learn more cruelty , then ere they thought . yet amongst all the people , worst misted , none ever took a fiend into his bed. which proves , that nature doth abhor your deed in offering to a demon , human seed . and what will be your issue , joyn'd with her , none can resolve you , but a conjurer . for while she is in labour , you may heare the good-wives skreak : and some physitian sweare it is a child . and that he findes in writ , such births ; before , the priest dares christen it . now if this cannot move you , may your taske , be to beget a compleate anti-mask . a letter in reference to a coy lady . though i confesse , the lady you recommended , may prove a pleasure to others , are at leasure wholly to intend making love : ( no hare being better provided of muces and shifts to put off followers then she ) yet , so dull a soul as mine , in the apprehension of the difference , between one individuall beauty , and another , is still ready , with the màyor of london to lose all the pleasure of hunting , in the insignificant ( though perhaps to others eares pleasant ) cry of the hounds . catching of larkes and sparrowes lesse chargeable and troublesome , being more acceptable and gratefull to some complexions , then hawking at the heron. the latter being too full of splendour , noyse , delayes , and impertinent complements for a person , that like me , is not born with the patience to run after a flying beauty ; or spend time in beating for that , another will find to ●●y hand , for a smaller summe , then may compense , the tearing my repute , or burthening my conscience with vaine and fallacious oathes and covenants . in the administration of which , she is as punctuall , as the calydonian commissioners . yet i cannot deny , but that , she is richly worth the purchase , of ●ny that own the knack of such amorous zelots , as have the patience , to continue still whining , where they know , through the consciousnesse of their own unworthinesse , that they are not likely to be heard . making a sincere profession of love and respect , when their chiefest intent is onely to plunder , what i fear , this lady , is to seek of , already ; or else fouly bely'd . none keeping their avenues more strictly barred , then such as have been robb'd already in this kind . wherefore having cast up by my self the whole value of the adventure ; i finde it no more then i can truck for , neerer home , and with greater ease , and conveniency to my self . yet , before i break out into an open rebellion against so soveraign and absolute a beauty , i will present her with this inclosed petition . to which , if she gives not a satisfactory and full answer , i am resolved to break off all further addresse . and to proclaim her a tyrant . and her subjects absolved from their oathes and obedience . so , as for the future it may be lawfull for them , to inrole themselves under the red and white colours of any other mistresse they esteem more debonaire . the petition . i pray dispatch my suit , or else deny it ; for if i spend more time , i dearly buy it : if you distrust my truth , i do protest , by that which binds men most , i love you best . — it is not our of fear , that i should tell. you never heard me brag , when i did well . or is 't t' engage me more , that you delay it ? none better knows the grant , nor how to pay it . is it the sin you fear which none can guesse ? cutting off oathes , and time , you make it lesse . nay'tis no fault in you , to lessen mine . better once drunk , then still to thirst for wine . — hath nature made a ●●ot below your z●ne ? my love would cover it , and count it none . have you a servant , that you think , is true ? i have a mistresse too : and yet , love you . i you can adde to these objections more , pay me for what is past , and i 'le give o're . a character on a deboshed souldier . he carries no signe of reputation but in his mouth ; and that he suffers to run over , with tedious stories of his own valour : to justifie which , he hath wished his damnation so often , as it is now sure ; rendring him uncapable of any other peace of conscience , but what he findes in drink , or the operation of no diviner spirit , then that incites to lust and revenge ; his religion being so farre of his owne making , as he imagines god , like his old host , best pleased , by the largest reckonings . with his tongue he desires warres , but is in heart at peace with all , but his maker . he had rather be thought behind-hand for money , then word : and will sooner , satisfie an enemy , then a friend , being readier to requite , what he receives in anger , then love ; injuries , then good turns . rendring himself a slave to martiall and arbitrary justice for a small salary , under the improbable pretence of freeing others . nor dares this gladiatour , that rants so high in taverns , and on the ale-bench , oppose any thing but patience , to the highest affront , a superiour officer is pleased to put upon him . though no papist , he abhorres the church . and like some of our reformists , carries no more marks of a protestant , then what is legible in perjury , &c. yet brags more of his whoring and drinking , then any catholick doth of his good works . who is thus farre happy , that though he wants faith to make him a true saint , he ownes not so much hypocrisie , as to appear so . and therefore more capable of repentance , then those that plunder and murther others , under a secret pretence , of honouring that god , he openly prophanes . he brags much of his scarres , which truly examined , prove rather the effects of intemperance , then marks of valour : his face bearing the hideous impresse of pots and glasses , received not in the fields of mars , but the easier-entred sconces of bacchus . whose discourse , though it travell'd still betwixt one besieged place , or leaguer , to another , yet it was alwayes tedious . and if you altered the subject , his understanding appeared proof against all sense . after whom followed this epitaph . at the saracens head tom powr'd in ale and ( wine , untill his face did represent the signe . to dr. ch. chaplain to w. e. of pem. sir , whilest it pleased you to communicate with me , in a stile suitable to the frailty of my understanding , i took infinite content in the converse ; but since you have cloathed your letters in the thundering and glorious ornaments of learning , i am not able to cope with you : wherefore let me implore your favour so far as to lay these advantages by , and not render your love terrible to me , who did never question your power , but own you in the highest sublimity the world hath ( being prompted by so much desert ) advanced you to . and on such terms i may enjoy your acquaintance , whereas otherwayes i shall be forced to take sanctuary in a perpetuall silence . lest i should lose that little reason i have , in seeking to comprehend the infinitness of yours . and to avoyd any mis-information of the quarrell at --- between my lo --- and the e. of c --- it was teally thus . the k --- having though against his will , prevailed with my l. to go into the west , by reason of his interest in those parts , with the other councellors of state , in hope to facilitate the payment of the five subsidies voted , but not given by parliament , and now christened a royall ●●ne ; the commissioners being by the fire , a dispute arose between the two former lords , whether it was possible for one had never been upon the place , to speak and understand french perfectly . the l --- of --- who you know never set foot out of england , maintained the affirmative with so much eagerness , that the other who had not onely more reason on his side , but the approbation of the company , said my l. --- best argument was noyse ; a speech my l. replied was undecent for an ea. of complements . and upon this , the other returned the lie. to which my l -- made him such a manuall answer , as the l. c. being penned up in his clothes , fell down , whereupon they were parted , and reconciled ; shame , & the title of his majest . gravest privy councellors facilitating the composition . it is already arrived at the spanish ambassadors , who according to his facetious mode , put it upon the score of our english valour ; which the gravest relations cannot make them to forget . i am still haunted for verses from our french coriot , who is resolved to print his book in english : those i made are these . what dost thou mean my friend , in this bad time , to write of vertue , when t is thought a crime not to be vitious ? such a book would sell , could prove all damn'd , did offer to do well : or find that pimping is a lawfull trade , because that sarah brought her lord a maid ; or vindicate what origen hath cast , ( last ; that court and hell shall meet in heaven at or prove that incest is a veniall sin , because that lot defil'd his neerest kin. o could'st thou maintain this , then thou should'st be rais'd to high place for thy divinity . then lose no time , let goodnesse take her chance , whil'st you comply with sin and ignorance . on a cook. a cook is a baud to the mouth . that kills his own stomack , to quicken his master's . who lives like a bear by licking his fingers . before a feast , he in his white sleevs , and apron resembles the ephod of a priest ; and seems to be preparing rather a sacrifice , then a supper . in which , the grand-sallat may justly be thought to personate an idoll . his office is a representation of hell : where all sorts of creatures are tormented in flames , to satisfie the depraved and various nature of the tastes of men . whose pleasures , and highest contentments , are no otherwayes to be compleated , but at the prejudice of their fellow animalls : over which , reason , not strength , hath purchased them the soveraignty , so much abused in this world , as may render the worst of punishments , just , in the next . his profession somthing quadrates with heraldry : varying no lesse in sawces , then they do in colours , bendes , fesses and metalls ; and are as much puz'led about marshalling the dishes , and calculating the precedency , at the table , of a wood-coek , or wigeon ; a gull , or gosling , as , the other are , in placing lords , and ladyes . but this , and all the rest of his learning , and industry , concludes as i do , in an excrement : which i wish in his — &c. and so , leave him to blaspheme in the kitchin : or cooling his tongue in the cellar . a character of an host. an host is one who thrives with drinking , and growes rich by entertainments . he is of vast acquaintance , but can number few friends : besides those resulting from travaile , or necessity . his conversation is alike to all men , that he may gain the more money . being , equally hospitable , to every religion he can save by . giving his guest the best content or'e night , out of hope to please himself in the morning . the government of his house is tyrannicall , all taxes being arbitrary , at the will of his wife , who sits regent in the kitchin. yet every one that enters , takes his chamber , for the time he stayes , as his own , with no lesse assurance , then don quixot did the whole mansion , for an enchanted castle . he ventures , that reason he hath , in all companyes . and in defiance of any drink the weary travelour pleaseth to call for , which if said to be mingled , or adulterate , he calls the name of god , and the person of the drawer to attest the contrary . the signe is the scheme , by which , you may take the ascendent of his understanding . and his half-peck , the measure of his conscience ; of which his osteler is chancellour , and keeps the key : making no more of cheating a strangers horse , then his mistresse doth in over-reaching both . if her husband be grown into his perfect symmetry , his belly bears the exact proportion , of the biggest jugg . and his face of that , in the first edition of frier bacon's works . he suits his discourse , as fidlers do their songs , to the eares of the hearers : choosing rather to offend truth , then his company . and , in case , any ride double , he proclaims them man and wife : as far more willing to foment bawdery , then foule two pair of sheets . he is seldome far out of the way , though drunk or hang'd : the first , being as neer the road of his profession , as the latter is of that of his desert . youth , wit , and beauty , like a painted sign may stay a stranger : but 't is sprightfull wine , and decent welcom makes him ' light and dine ; for who will pass his time in such a place , where nought appeares , of moment , but a face ? deductions from the history of the earl of essex , who was executed for treason , under the reign of queen elizabeth ; with a modest answer to sir henry wotton . the love of a people , may be observed , of no lesse dangerous a consequence for a subject to trust to , then their hatred proves to such princes as are so unwary as to neglect it . for after that sir robert cecil had prevailed so farre upon his own brother , the earl of exceter ( most else refusing the imployment , out of love or feare ) as to proclaim essex traitor : he appeared , deserted by all , but some few unfortunate gentlemen , whose lives out of gratitude , or want , depended wholly on his . nor is the affection of a prince , lesse permanent , then their anger deadly . and in the first of these the queen was unconstant , in the latter inexorable . wherefore , if during so long a reign , no great quantity of blood was spilt , it rather resulted from her subjects innocency , then any propensity to forgiveness , inherent in her nature . nothing comming so hardly from her , as a pardon ; i mean of such faults , as concerned her self . and in this she shewed a rare prudence , in becoming able to raise a prositable use out of a naturall defect , for ( born of that sex , allowed by all as the weakest in judgement ) she lay more obnoxious to a censure of insufficiency , then that of tyranny : the sternnesse of whose looks , hath in all ages scared away contempt , the inseperable companion of a cheap and effeminate nature . so as neither leicester , hatton , nor any other minion , could ever extract so much favour from her , as might serve their lands or heires , from refunding what their fathers had mis-spent : her favours keeping no servant company , beyond the land of the living . the most apparent reason why the lady elizabeth hatton cast her selfe into the contaminated arms of atturny cook nor could her disposition to severlty be in any thing more manifest , then the extraordinary meanes used but to defer the execution of the earl of southampton , who had besides pity , the enemies of essex to plead for him : yet she continued inflexible towards mercy , till the same hand that led her into the temptation , did like the divels , shew her the glory she was fallen from already , in her subjects opinion , by quenching his , and their enemies malice with the blood of their darling . nor was this hard-extracted mercy unsuitable to the emergency of the present occasion , for ( as i have been often told ) not onely those that did in the peoples opinion , contribute to the murther ( as many called it ) of the earle : but the queen herself , was exposed to some publique affronts . the spectators she passed through in every town , ( especially in london ) becomming far thinner and muter then formerly they were . some princes love not that child is in order to succeed them : but all abominate a stranger lyes under that notion ; the cause that she , contrary to the well-being of the subject , no lesse then the priviledge of parliament , committed pigot and wentworth , for moving to know the man , and beheaded essex , but for making a smal demonstration of offering himself : though the later roman tyrants took that little security they did enjoy , from a quite contrary course . but this was at a time when the blood royall lay extinct , and the possession of the crown fell to his share had the keenest sword and strongest head-piece : in which case the most probable way to secure the prince , was the declaring his successour , who to preserve his own dignity , was likely to take revenge on any should assassinate him in the throne before , a thing very ordinary in those depraved times ; not so in england , where during her reign , there were no lesse then fourteen titles , good and bad , which by her silence were all kept quiet . for till she made a publique declaration , none had a just cause to complain . and in case any endeavoured to have succeeded by force , she had a fair choice out of the rest to make opposition , none being free from some considerable defect or other . the parliament remaining wholly at her devotion , and no ill-willers to essex ; the commons being as fearfull of the regiment of a stranger , as the peerage were jealous of the house of harford , or any else deducible out of their own body . fortune appearing then in all particulars so strong on essex side , as she seemed rather unable , then unwilling to bear out the charge of his folly , who put her upon such impertinent errands , as the dutch youth do fooles on the second of aprill : through which she became so far tired , as she was forced at last to return him a block and a hatchet . this unconstant deity , being in the number of such giddy auxiliaries , as none can be sure what side she will take , and therefore not to be trusted by a wise man. the most steady if not signall events , having been brought about without any other mediation of hers , but what is unpossible to be avoided ; in which sense she is rather capable of the title of providence , then luck . fortune resembling a cane , which no wise man , but in an unavoidable necessity will hazard the weight of his whole rest upon . wherefore the earl of essex , if he had not been befated with a strong opinion of success in all his actions , ( though built on the weakest foundation ) would never have referred his life & future well-being to the sole arbitration of chance , and the unconstant guidance of a womans affection : which being onely skin-deep , could not but in a court , furnish a person of far lesse magnitude then a soveraign power with choice enough : especially after his enemies , for their own security , had so far indulged his , as to furnish him with an army paid by the queen , and chosen by himself . nor were the greatest families then in rebellion in ireland , ( rendred by the most probable reports ) lesse obedient to him then his respective officers : and if these advantages had been too little to have set the crown upon his head , after the decease of his mistrisse , he might have had any men , or mony from the most catholick king ; who would have advanced his designes , or any naturall english subjects else , that had but opposed the scottish succession . which was formerly projected by leicester , and the onely visible occasion he managed the english force in the netherlands with so little care , and worse successe , who immediately began to prosper upon his remove . but essex had religion and fidelity , inherent in his nature , humours known so incompatible with ambition , as it was no lesse unsafe for him to court a crown , then it did after prove incongruous and mis-becomming , for his more frigid son to make love , and importune ladies . nor is this a conjecture of my own , but what i have often heard averred by the friends of sir charles danvers , whose youngest sister married my eldest brother . and that the honesty of essex ( never denied to exceed his discretion ) might for the present moderate his ambition : but how he would have behaved himself in the company of an absolute power , may be safer now disputed by us , then at that time experimented by the queen . successe in those that wear it , expunging like aqua fortis all former marks of allegiance or probity . for though his first thoughts might be of no larger extent , then to remove cecil , and other declared enemies , under the notion of evil counsellers , that powred into her eares such tales as were disadvantagious to the true religion , and policy of the state : yet that point gained , he could not from a lower station then a throne , have satisfied so many , wiser men then himself , whose clearer insight into the advantages he was then in possession of , had tempted to be adventurers with him . so as all the favour could have accrued to his mistris from a more happy success then befell the earl , exceeded not the complement of continuing her in his lap , ( a place not likely to sute long with her age , or his occasions . ) queen elizabeths reign , having been too reserved , quietly to have indured from an administrator ( she remaining yet in being ) so profuse an expence of honour and riches , as was expedient to be thrown to such a needy party , as had already imbarqued themselves in his service , whose fidelity and strength ( the nurslings of hope , reward and preferment ) was requisite to maintain him on the stage . for though possibly , his desires might terminate in a removall of his enemies ; they had no honester design then to raise themselves , without much reference had to the meanes . from whence it is easie to contemplate the prodigious disparities in rebellion ; which though begun upon never so just , moderate , or religious pretences , necessity , ambition , and humane frailty will interject so many new and unexpected pretences , and events , as it rarely concludes , without the ruine of it self , or the commonwealth ; which once suffered to grow intemperate and run over , it doth like a pot consume its own fat , and loseth its former strength and glory , by raising the drosse and dregs of her subjects , uppermost . one cause of his presumption was , the fond opinion he had , that she would not rob her eyes of the great delight she took in his person . a fantasticall over-weening of himself , and womans affection , to whom , no single mans perfections was ever yet found continually gratefull . now such as wonder , how she durst bring him to the scaffold , for fear of her own honour , are not throughly studied in the boldnesse of princes ( whose faces are continually steeled with the varnish of a grosse flattery , put upon their worst actions ) no more then the compunctions of dying men , who desire rather to clear themselves towards god , and the world , then impertinently to accuse others : besides , a hope of pardon , not to be cut off but with his head , was a sufficient reason to restrain him from breaking out into any intemperate ranting against his prince : as biron of france , did not long after , most imprudently fall into , in reference to his king , henry the fourth , dying in the opinion of the generality , rather like a mad man , then a christian. yet had essex unloaded his bosome of all it did contain , it might possibly not have swelled to so great a bulk , as did then appear in the opinion of the most : or that it may after be blown up to by flatulent posterity ( seldom endued with so even a fortune , as to have truth and falshood weighed to it in an equall ballance ) manisest in a number of relations extant at home , and abroad . the bloud she inherited , no lesse then her father's humour , having procured her no good opinion from the church , according to whose dialect the generality did heretofore , out of ignorance , or reverence , tune their belief . had he been true to his first principles , moulded by some more dexterous heads then his own , which was to spin out his time , together with the irish war , till a certain report of the queen's sickness , or death had come to him , from such an unquestioned number of his own confidents , as were able to have assured belief ; it might in reason have presented him with his wish , or at worst so much power , as would have made him arbitrator of the next succession . but hast , proceeding from a naturall impatience to live out of england , and the contrary advice received from some neer about him ( suborned to destroy him ) rendered all addle : by perswading his return without an army , upon a false report raised of her majesties death , the time assigned , wherein to shew himself . and to this end , the warres in ireland were prolonged , with no weaker endeavours , then montjoy used after to conclude them , owner of no other project but the reducing of that province unto obedience : essex presuming so farre upon the peoples affections , that he thought the sound of his coming able to raise an army whereever he came . essex , if he had been master of parts strong enough to have mounted him into the saddle of soveraignty , might have found by the beating of the parliament ( a true pulse of the nation ) that there was no probability to raise any advantagious distemper for him , during the life of the queen : the people apprehending little other cause of discontent , but what might arise from the thought , that their present felicity depended only on the continuance of an old lady ; after whom , they expected more dismall dayes , then their love could ever have imagined from the government of essex . wherefore to lay the sceane of any thing carried but the vizard of a rebellion in london ( at that time abounding with riches and felicity ) was an act savouring of so great imprudence , as i wonder his enemies should bring him to it , or his friends suffer him to prosecute : as i have often told some at that time neer about him , who made me no other answer , but that he perished between his own presumption , and others infidelity . his security might have been more , and losse lesse , had he gone into wales , when he passed through london , where he had great love both by inheritance from his father ( a good landlord ) and his own purchase , alwayes of a liberall nature . nor did he fail to wear a leek on st. david's day , but besides , would upon all occasions vindicate the wetch inhabitants , and own them for his countrymen , as queen elizabeth usually was wont , upon the first of march. and by this the earl grew so popular amongst these people ( especially such as had little to lose , ) that without all question , so many would have appeared in his favour , as might have procured him audience from her majesty , and not improbably the removall of his enemies , under that notion hated by the generality , no lesse then those linked to him , under a more strict friendship . or if this had been too hard a task , their strength and meanes was not likely to want power , to land him again in ireland , from whence he had been drawn by his own folly , and the wisdom of his maligners ; where not onely the english , but the natives ( to those in actuall rebellion ) were his reported servants . the catholiques , till they were better cajoled by the scotish kings confidents , not obstructing his designes . and how secure he would have been , in that province , may be guessed by tyrone , the capitall rebell , who notwithstanding more impartial indeavours then the lord lieutenant essex had used , did obtain his pardòn , in a manner maugre the english forces . essex was too honest to have removed every impediment lying in the way to soveraignty , nothing but death being able to gagg a person robb'd of a crown . yet her successour met with no opposition , though bred in an ayre ever pestiferous to this nation ; which wisely considered , might have tempted a people to have disputed his entrance , till caution given . but the riches and felicities injoyed , during the incomparable reign of queen elizabeth , hung yet like holy dayes at their fingers ends , by which they were become so effeminate , and unadvised , as to choose rather to fall into an incurable consumption , then hazard a little the shaking by a few fits of a fever ; which if chosen , might not unlikely have proved as wholesome physick for king james as england ; who wanting a legall pretext , had nothing left him in safety strong enough to refell the brazen-faced impudence of his countrymens importunity . but the last scene of princes , like the catastrophe of a play , is so hudled up , and every one so intent upon his own particular interest , ( being muffled by hope or fear ) as that is left meerly to the disposition of fortune , which ought onely to be intrusted with prudence her self . nor did the readiness of the scots to arm , ( in hope of so much plunder , as this nation might afford , shrouded under the specious pretence of henry the s. eldest daughter ) portend less in the ears of the unresolved , then a possibility of conquest , the most ungratefull sound to the formerly free people of england . neither did these conjectures receive small aggravation from those formerly suborned , to promote the entrance of the stuarts , who if essex had remained true to his principles , might have been saluted on the borders , by an army strong enough to have moderated the scots conditions , or advanced his own . though it was the universall opinion , that essex's ambition , did like the great earl of warwick's , terminate in a desire to bring in james on his own score . it is not probable the earle carried any evill meaning towards the common-wealth , because neither his enemies , nor friends are found to mention any endeavour in him to call in a forreigner : wherefore if the crown was his mistresse , he used the most decent way of wooing her , which was onely through the mediation of her native subjects . yet i doubt whether he had justly calculated the weight of this circumstance , that conscience is as dangerous in an usurper , as cruelty , and excesse is deadly , and undecent , in him doth legally succeed . i have heard it , though looked upon by me as a paradox , that essex would have vindicated the english freedom , by reviving such ancient priviledges as had been pretermitted , during the tyrannicall reigns of the two last henries ; and no wayes indulged by queen elizabeth , which not extending all her time beyond a few particulars , was then less discernable . no act of hers being registred so contrary to the grain of her own people , as the death of this man ; the queen of scots being looked upon as a catholick , which in the generall dialect of england at that time , signified no less then a sworn enemy to god and the prince , ( so zealous , if i may not say surious , are all changes ) that it was passed over , without any apprehension of honour , or pitty , as justified by the cruell massacre committed not long before upon the french hugenots , at the instigation of that kings mother . an act through which the integrity of princes was much ahated . but whether his nation by reason of her divers titles , and disparity in estates , was capable of that absolute freedom , hath since been fancied by some , i leave to the arbitration of greater polititians . onely this i am confident of , that no fair capitulation could have disobliged king james , who lay under too many doubts , and strong desires , to have refused so peaceable an entry as he found , upon any lawfull limitations ; manifest in the advice given to his son ; wherein are more popular rules , then himself was ever observed to follow . by the vast quantity of teares let fall from the multitude upon his grave , may be noted , how far easier it is to find pitty , then protection , though his friends if united , would have proved the major part . who for want of a good head-piece to follow , this universall affection , like floting atomes , made onely a world of calamity for himself and his party . but this blow past recalling , set the peoples teeth so much an edge , as all the queen did after , was thought bitter , and her government too peevish and effeminate for so warlike a nation : nor did she decline lesse in the opinion of the court it self , no counsel daring after to appear , but what was sutable to the cecilian gusto . here may be noted , with what circumspection princes ought to play their game , since counsellors , their card-holders , are not seldom cheaters , and intend more particular interests then their masters : as appeared in the remove of essex , a man thought farre more necessary to the queen's service , and englands safety , then such as purchased his ruine . the banding of two factions , being the most probable way to keep , this already superannuated princes from falling into contempt . for such commands , as under both parties would have been readily obeyed , were after one had got the absolute disposure of affairs , wholly neglected . essex's return ( which no question would have been indeavoured , upon the least discontent of her majesty ) appearing of so dismall a consequence to his enemies , as nothing might procure it , was thought safe , or what did obstruct it , dangerous . nor was it possible for this planet , so neer its declension , to influence another party : none daring to run the hazard of an unavoydable future ruine upon the contemplation of a year or two's power ; which was more then her age , and present weaknesse did in any probability promise . this proves , it had been the queen's better policy , to have conceded the life of the earle to the teares , and vowes of the people , through which their love had not onely been preserved intire , but ( what was next considerable ) so great a restraint put upon the contrary cabal , as might contain them within the compasse of obedience ; out of fear she should have let loose this lyon , who to that end she might have kept in the tower , his death not being probable , as her subjects stood affected , to have countervalued the advantage of his life . and this oversight was the more inexcusable , because the ancestours of the earl's chiefest enemies had by the same arts rendred her ungratefull to the people of england , in a like case of severity towards the duke of norfolk . nor did she apprehend till it was too late , the wound given her own power , through the mediation of the hangman in the death of essex ; not being able ever after , to moderate the insolency of those , that now did not stick to slight her , and story openly in her ears the necessity she lay under , to declare the scotch king her successor , lest the parl. should be ( for their own safety ) compelled to do it themselves ; which had not been omitted , but ( as i have been told ) to endear king james more to some particular families , of which the most noble for birth , found afterwards little cause to applaud their designe . neither were other reports wanting , which being usuall at the death of all princes , i shall here wilfully omit , as quite unsatisfied of their truth . nor had i said this , but that there hath been from the beginning of the uncivill wars ( wherein none were masters of what they had ) diverse imperfect copies of my own hand left in the custody of one did print some of them , under a namelesse author , though very false , and might have done this , if not timely prevented . nor did this blow terminate only in the ruine of the earls friends , but extended to the disadvantage of his maligners themselves , apparent in sir walter raleigh , who wanting strength , though not wit to be the treasurers corrivall , perished because not thought to own humility enough to be his servant : it being more safe at court to have many enemies of equall power , then one false ambitious friend , that hath attained to the absolutenesse of command . the agitations and tempests , arising from considerable factions in the houses of princes , ( resembling some winds at sea , by which men are driven though by contrary means , to one and the same end ) would of necessity have miscarried , or perished , had any single party prevailed . the one still thinking it honourable to preserve and advance what the other esteems safe to suppresse and destroy . and this raleigh was often heard to say , he did not apprehend , before his genius had dictated it to him , as he came in a boat from the execution of the earl of essex , which was done at the tower. nor could the wisest of his endeavours free him from the dire effects of this portent , or to name it more properly , a necessary cause of such events , as did after befall him . the death of essex like a melancholy cloud , did shade the prospect of her peoples affection , from being so discernable at the shutting of her dayes , as it was during the dawning and meridian of her reign . yet if essex had been try'd by a peerage of angels , they would have passed a like sentence upon him , or exposed monarchy to contempt . wherefore prudence cannot lay the fault at the door of her justice , but the ill-management of her mercy , as not knowing how to imploy it , towards the best advantage of her future affairs . but after an impartiall reflection made , in reference to private persons averseness towards any apprehension of defect , we may possibly learn to wonder , why she made no better provision against contempt , till that hower a meer stranger to this princess , who had all her sails continually fill'd with flattery or success . now to vindicate her majesty from the obvious aspersion i have so often heard her prudence upbraided withall , ( for neglecting the italian mode quite , in the removall of mary the scottish queen , and dowager of france , so much the more undecent , as the hand of a hangman is less honourable then that of a physitian . ) i may say , that since those , who for their own sakes as well as their soveraigns , thought it not safe to be left undone , wanted the skil or spirit to do it a clandestine way , i was more discretion then folly to refuse ejecting one so uncouth herself ; such a lesson being easier learned then forgotten , & might have been afterward practised to her personall disadvantage . and if reports on all hands were not mistaken , little thanks is due to those who made the nation accessary through this solemn try all to the death of her mother they meant next to set up . nor can an undoubted desire in the scots to have her removed , the better to facilitate the succession of their king ( who did more indulge his patience then honour , in passing unrevenged those houses , sprinkled by her blood ) justifie their discretions , that could not but know all obligation was more likely to be lost in the shame , then found in any gratefull acknowledgment of such actions as these . and if their posterity taste of the like justice , they may sacrifice repentance to such nets , as themselves spread to insnare this queen first , and then essex ; the fault of the last being in reference to the innocent driving on the designe , as far below such severity , as the majesty of the other was above it . nothing commends the goodness of queen elizabeths reign more , then that she and her subjects should have one and the same minion , as happened in essex : whereas the hatred of the people , proved after an undoubted consequence of her successor's love , remaining no less confident of the choyce of the one , than diffident of the others . the queen wanting no medium to nterpose between her and their fury : from whence grew a confidence , that she would not countenance an unworthy man. neither was it a small advancement to this general complyance , that the people appeared not at the cost to raise him . it being the custom of this thrifty prince , to let her favorites taste , not surfet , on the wealth of the nation , conveying her largesses by spoons , not buckets : the names of monopolies , and extrajudiciall taxes , not being intelligible to experience all her days . neither were her ears stopped against her peoples complaints , ever thought by her just , and so fit to receive a present redresse ; the cause her parliaments were no further inquisitive then she was pleased to informe them . had her successor retained the like moderation , the power of our representative had never fallen under the malleation of so extensive a dispute , which hath raised mens minds up to so impetuous a billow , as it is questioneble , whether that which supported her power , may not through a contrary application utterly ruine those may succeed . queen elizabeth being not onely fortunate in her conduct at home , but able to diffuse peace and plenty over such neighbour-nations , as she was advised by true reason of state , to maintain in strength and good plight . not suitable to the late practise of a prince , that first brake with spain , then france , and after was hardly restrained from kindling a fire in the netherlands , which lyes in a manner in the bosom of england . now i should conclude here , but that i find sir henry wotton ( late provost of eaton , and a long time before ambassadour with the most illustrious state of venice ) hath published a manuscript amongst his friends , and may since be made more generall ; where he offers to compare the duke of buckingham with the earl of essex ; much to the disadvantage of the latter , who laying this action by , did never own the doing any thing so ungratefull , as might make him fear the anger , or beg the favour of a parliament , much less owe his life to the dissolution of one already called . he is not charged with many deeds of improbity , unless women be cast upon his account , not in justice to be done , the other standing by . the awe he bare to the religion then professed was discernable by his death , which in the opinion of many , reached something below the garb of a souldier ; so busie are criticks ( that like flyes spare nothing savours of fame or infamy ) to the grave it self . that he was thought no instrument of tyranny or oppression , appears manifest , in the monument of love , remains still undemolished in the hearts of most englishmen : whereas the duke retains the generall tincture of , &c. nor can his well-known bounty to friends and servants expunge it , because drained from the people , or taken out of the publique treasure , if not from the generall safety of the nation . whereas essex obliged his confidents out of his own store , or by other so innocent wayes , as the subject had no just cause to be scandalized at it . the earles naturall parts were as good as the dukes , his learning and birth higher , the one being of an honourable , the other at best but of a gentile extraction . nor can so inconsiderate an action , that in charity rather deserves the title of a riot then of a treason , come up to so great an ingratitude and indignity to the nation , as buckinghams proceedings at rochell , calculated after the french account , the summe of which i leave for more voluminous pens to cast up ; onely i shall assume the boldness to say , that the duke shewed no less folly in accumulating so great a hatred of the people , then essex did in mis-applying their love. and if his shadows were left exact to posterity , he was not behind him in handsomness , the sole and primary cause of villers advancement . onely in this essex came short , in having a mistresse would be attentive to reason , from whence soever it came , whether through the organs of friendship or malice . whereas the dukes fortune depended on two princes , that in reference to their own weakness or his strength , remained deaf to all complaints else , but what were presented through his own mediation , or those of his creatures , with which he was ever made first acquainted , under no slighter a penalty then his displeasure , so much more heavier then the kings , as his memory was better , and interest more . concerning their deaths , i can attest , the dukes did occasion no less joy , then the other did sorrow , not matched by the saddest accident did happen in queen elizabeths reign ; no not if her death be cast in , though deplorable enough , as i have often been informed by those did approve the sentence , but not the so suddain execution of it . nor was the hangman reported to be willingly hired to do it , whereas felton seemed to be inspired by some daemon , if not the genius of our nation . this had not been said , but in vindication of that , i never found cause yet to question the truth of , and to unwarp their judgements ( if any such be ) that may be drawn aside , by the goodness of sir henry woottons parts , in knowing mens opinions , much contaminated by his too over-zealous celebration of this man , as may be easily found in the records of parliament , to which i refer the reader , together with what i have in this behalf written . some advantages may be deduceable from court-factions . it may be thought i hope no less impertinent , then what went before , if according to my rambling method , i shall drop some conjectures in reference to a benefit may redound to the subject from court-factions : all which in conclusion will reach the prince , who cannot be safe and happy , if his people live miserably ; not likely to be avoyded , where preferments depend wholly upon the mediation of a single and uncontroulable party . in which case the oppressed have no power for the present to appeal to . the cause our later parliaments have been pestered with clamours and complaints , seldom , if ever heard of in the golden dayes of queen elizabeth . and from whose root sprung those branches of misery , by which the greatest felicity any nation ever injoyed , is become over-shadowed , so that the detection of corruption in officers , and the gratification of the malice of some , and ambition of others , in their expulsions and punishments , gave them at last the boldness to question the integrity of the crown . divers persons of equall authority , though both wicked , do in experience produced more justice then a greater probity in a single individuall , hath been ( at least in these depraved ages ) heard to pronounce : for though bribery cannot be denyed a deflourer of equity ; yet remaining more palpable in referencd to detection , it may not happily be of so bad a consequence , as the effects of the more uneasily detected propensities , found to follow the inclinations of love , fear , or hope : as it is easily deduced from the practise usual in private families , where a great advantage accrues to the first delator , and prejudice to the party accused ; it not lying in the strength of vertue , if in any agility of defence , to keep a person immaculate from the blurs of calumny , for want of proof , or an indifferent ear , which superlative powers cannot be at leasure to afford . nor is the advantage to be drawn from two equall cabals , better discerned , then by comparing the tempers of king james his parliaments with those holden under the queen ; for the first , being wholly led by a single and passionate affection to one minion , lived to see : never a tolerable minister relating to the crown , or any in authority so resolute , as not to prefer the favorites command before his masters , as esteeming the frown of the last more deadly . now the huge rate set upon places of judicature , taught judges to sell their votes , and people to complain : who by devouring of instruments , came at last so well acquainted with their own strength , as not to spare the principall , and first cause . one concession ever crouding room for a greater , if not a more unreasonable demand . whereas such instruments of state as queen eli●…beth had use of , being strained through the double and contrary interests of a divided party , no vertue was excluded , or vice admitted , any way beneficiall , or of prejudice to prince or people ; contrary to the custom of later times , wherein the most probable designs were pinched and miscarried , through the smalnesse of their parts were imployed to keep them on foot . no more solid reason appearing in the advancement of the most , but mony or favour ; as no question will be found instanced in a prodigious number of examples , when time shall have purchased impunity , for the manifestation of truth ; not so likely to have proved the result of a divided court , where the creatures of one were the enemies of an other , no lesse powerfull ; and so they both became lyable to accusation , or capable of defence . and from the sparkles of this clashing , not onely persons and actions , but the queens councils came to be refined from the rust and cankers , that after grew through the corruption of forraign coyn , no less currant at court all my time , then pieces of two and twenty shillings , jacobuses themselves . now though monarchy may ( whether out of perfection or defect i shall not here dispute ) make use of this recipe , it seems dangerous , if not mortall , in reference to a freer government , where the least siding is a step towards tyranny : the weakest part being as apt to call , as a potent neighbour may be to come and assist , upon so advantagious an errand . all disparities or contentions , but meerly rationall and in reference to an universall welfare , tending to popularity and disunion , wherefore above all things to be avoyded . nor is any neer dependance upon a forreign prince , more mighty then themselves , compatible with liberty : which renders lending of vast summs little less dangerous then borrowing . and through which the catholique king may one day attain genoa ; it being naturall to all creditors to favour their designs that owe them mony , in hope of payment ; and so become traitors to the generality , out of the desire of a particular reimbursement . such folly lyes in many citizens , as they preferre destruction in grosse , before the hazard of their private interests . but when power is monopolized in a single person , faction can be no more spared , then an eye or an ear . kings for the generality , out of ignorance in the world , if not for want of wit , or too much flattery , being unable to value what they give or receive ; or whether they gratisie or depresse vertue or vice , especially if they have no other information , but what is deduced from a minion , whose judgement is no less clouded through pride , then his is by affection , and a supposition of worth and abilities not really present ; such servants owning contrary interests to their masters , who by bearing the charges of those follies they daily commit , do not seldom prove banckrupts themselves of all ought to be esteemed dear in soveraignty . nor are those single trustees of the royall assent , found by practise so impartiall in the distribution of rewards and punishments , but that they diminish by the first , no less their princes love , then they augment in the latter the peoples hatred ; which an even debate would so far moderate , as to give such satisfaction as might preserve the generality in obedience , by nothing so soon forseited , as a continued succession of cruell punishments , and unjust censures . i remember after felton had given the fatall blow to george duke of buckingham , one savil , a lusty fellow , formerly burnt in the shoulder for a rogue ( finding how acceptable the news was , where ever it came ) gave out , he was the man that did it : and that though an honourable persons brother , he wanted mony to convey him away ; upon which he was apprehended , and though not worth a groat , fined a considerable sum in the star-chamber , to which , the wisdom , equity and justice of that court , added ( because they wanted power to hang him ) this corporall punishment , viz. that he should be whipped from the fleet where he lay prisoner , to the pilory in westminster-palace-yard , there to be for two hours nailed , & after to lose one ear , have his nose slit , and then to be branded in the forehead ; all which , as long as the bowels of humanity would give me leave , i looked upon : nor was this more then half his punishment , as much being to be done to him in cheapside , but that ( as i heard ) the king more charitable then his judges , did pardon it ; though his perpetuall residence in bridewell was not remitted , till for another thing ( some thought unlikely to be done under such a restraint ) he was hanged at tiburn . i had not touched upon this , as relating to a time which none can remember without being agitated by envy , or grief : but to acquaint posterity , with the opinion of a lord , looked upon as the wisest for counsell , ( however he might have failed in reference to execution ) in his time : who at dinner that day with some of the promoters of the fore-mentioned sentence , said , that though he hoped it would never be executed , yet it grieved him , a president of that high nature should remain upon record , no less to the dishonour of their mercy , then the justice of his majesty , upon whose scoreit might not unpossibly one day lye heavy : nor did it scape the notice of the next parl. as any may find , can procure a sight of a book written by regall autority , wherein the subject was prohibited so much as to name a parliament , &c. but the conclusion of the fore-mentioned prudent lord , was to prove , that of all punishments death was soonest forgotten ; whereas whipping and pilory were alwayes remembred : from whence governours may observe , that the greatest cruelty is exercised by subjects have had their foundations laid in pitty . nor can this digression be thought impertinent , by those shall consider , that such exorbitant and unnaturall repetitions of punishments , were strangers during the domination of two equall factions . through the percussion of which , like flint and steel , all things came to light , which these pleas might advance , or eclipse the glory of the prince . nor should i prosecute this epidemicall mischief of favorites , at this time common with france and spain , but to answer such as plead for it : whom i have heard so impudent , as to alledge the example of our blessed saviour ; and no lesse foolish in citing the autority due to the prudence of italy , where no pope lives without a nephew : forgetting the whole management of the church was not left to saint john ; nor the wise conclave swayed by his holinesse kindred , who being incircled on all sides with enemies , and destitute by reason of his elective honour , of any hereditary friendship , cannot in reason provide better for his safety , against the dangers have for many ages waited upon the table and cup of the pope , then by raising a person to so high a dignity about him , as may transcend any preferments likely to be offered by an enemy . the cause he that is stiled his nephew , values his preservation equally with his owne . and he that shall yet seek further satisfaction , may finde it in the unhappy management of such princes affairs , as have suffered themselves to be ingrossed by minions , taken onely upon the bare recommendations of their private affections . it is the condition of those in power to be guided by servants . they say of the whale that she is steered in her course through the guidance of a far smaller fish , and a lesser then that is reported to alter the naturall gale of a ship ; looked upon as wonders in the deep , though few things are more usuall and familiar upon land. all our state - leviathans being so far guided by their servants , wives , mistresses or favorites , that in a true sense there is no monarchy , all things for the most part succeeding according to the perswasions of others , if not contrary to the will of the prince : a mischief not to be quite obviated , but at the perill of falling into obstinacy , ( as great if not a more prejudiciall extream ) nor hath any king under my experience , been able to drive on his affayres , without grating upon one of these excesses . so as a nation like that of egypt , is not seldome governed by a stranger or a jew . there being no such thing in an unlimited sense , as an absolute government , or if possible to be found , it must be in that as improperly stiled free. which proves there is no reall liberty , or power totally arbitrary , in the nature of things . for though the incomparable prudence of the state of venice , hath compounded for most of the errours committed by the senators of carthage ; and queen-elizabeth shunned the greatest rocks of tyranny ( though as free from compulsion , as ever any prince stood ; ) yet the jurisdiction of either was as remote from being purely or totally absolute , as the condition of their subjects is uncapable of the name of freedom . they being both too inestimable jewels to be intrusted with passion , single , and without any mediation from counsell or law. i confess the grand signior can strangle whom he please ; but it is seldom done at his own suit , no more then any desert is gratified : i my self have known many , so far strangers to what was convenient , as they would scarce concede or deny any thing , out of the presence of their secretary . and this proceeded not seldom from a distrust there was no cause for : manifest in the earl of somerset , who though himself owner of a competent sufficiency , was so inchanted with an opinion of sir thomas overburies parts , that he preferred him from a servant to such an intimate friendship , as he could think nothing well-educated for imployment in his office , that had not passed his correction , nor secret safe laid up , but in his bosom : which swelled him to such a monstrosity in pride , that i have heard ( not being my self then neer the english court ) how he offered to rant at his servants , and did once beat the coach-man ; for putting his commands under an inferiour expostulation to his masters . and through this intolerable arrogance in him , and remissness in the earl , the sparks first flew , that kindled the ruine of them both : friendship being no more able to maintain its interest against a feminine affection , then so great a pride was to confine it self within the tedder of moderation . the minions of my time ( an epidemicall mischief over all the great nations of christendom where monarchy swayes ) did , during that fortune , so far transcend their patrons felicity , as they could gratifie all the rest of their passions ( quite exempt from fear or danger ) being screened from both by the person of their prince , whom in reason they ought to defend ; it having been often averred in my experience , that all the kings i have known , were found to do more for their favorites , then they could be tempted to have done for themselves . which may serve for a proof of this assertion , that the greatest are not free , but led intriumph by the affections of others , through the mediation of their own , by which means women come to govern , and children to dispose of common-wealths . and thus the hand of providence , though steady in it self , doth out of a desire to appear various ( and so more beautifull ) not onely remove the great men , but the paunes so occultly , in this huge chesse-board of the world , as they seem to our giddy apprehensions , to be dandled in the lap of a contingent successe . though good or bad luck are meerly imaginary , like the articke and antarticke poles , on which the world , as on the two ends of an axletree , are feigned to depend . wherefore the apparent reason why great men are ruled by more obscure fools , is want of judgement or sufficiency . the hidden justice of god upon the nation in generall , or persons in particular , who are naturally unworthy through disobedience , or have rendred themselves so , by a male-administration of affairs : the cause their power is shared with meaner people , first sought to in all suits incident to their places . and this custom hath brought into such credit amongst men , as forgetting how much it savours of weakness , they labour to make it necessary in the court of heaven . as if god were more importuned , or less affected by our immediate addresses , then when we offer'd our prayers through the intercession of the blessed virgin , or some other saint : consonant to a memorable answer to a catholick , made by king james , that the ruler of all things was not subject to dote like him . yet wise men govern in their own persons , as ioseph is said to rule egypt ; for had not his servants used to afford more obedience then advice , so dishonest an action in outward appearance , could never have passed without expostulation , as the putting the cup in benjamins sack. to end this discourse , nothing plausible ought to be referred to a servant's dispatch , nor that whichis less popular done by a master ; since he that is used to rake in dirt must imploy an instrument , lest the filth should stick too apparently on his fingers . thus princes juggle by confederacy , whilest meaner men rule in their own persons . finis . charles r. wee are so highly sensible of the extraordinary merit of our county of cornwall, of their zeale for the defence of our person, and the just rights of our crowne ... proclamations. - - england and wales. sovereign ( - : charles i) this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing c ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing c estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) charles r. wee are so highly sensible of the extraordinary merit of our county of cornwall, of their zeale for the defence of our person, and the just rights of our crowne ... proclamations. - - england and wales. sovereign ( - : charles i) charles i, king of england, - . sheet ([ ] p.) y leonard lichfield, printer to the vniversity, printed at oxford : . title taken from opening lines of text. dated at end: given at our campe at sudeley castle the tenth of september. . arms ; steele notation: of gable at. reproduction of original in the folger shakespeare library, washington, d.c. eng great britain -- history -- civil war, - -- early works to . great britain -- politics and government -- - -- early works to . cornwall (england : county) -- history -- early works to . a r (wing c ). civilwar no charles r. wee are so highly sensible of the extraordinary merit of our county of cornwall, of their zeale for the defence of our person, an england and wales. sovereign a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion c r honi soit qvi mal y pense royal blazon or coat of arms charles r. wee are so highly sensible of the extraordinary merit of our county of cornwall , of their zeale for the defence of our person , and the just rights of our crowne , ( in a time when we could contribute so little to our own defence or to their assistance ; in a time when not only no reward appeared , but great and probable dangers were threatned to obedience and loyalty ; ) of their great and eminent courage and patience in their indefatigable prosecution of their great work against so potent an enimy , backt with so strong , rich , and populous citties , and so plentifully furnished and supplied with men , armes , mony , ammunition and provision of all kinds ; and of the wonderfull successe with which it hath pleased almighty god ( though with the losse of some most eminent persons , who shall never be forgotten by vs ) to reward their loyalty and patience by many strange victories over their and our enimies , in despight of all humane probability , and all imaginable disadvantages ; that as we cannot be forgetfull of so great deserts , so we cannot but desire to publish to all the world , and perpetuate to all time the memory of these their merits , and of our acceptance of the same . and to that end , we doe hereby render our royall thankes to that our county , in the most publike and most lasting manner we can devise , commanding copies hereof to be printed and published , and one of them to be read in every church and chappell therein , and to be kept for ever as a record in the same , that as long as the history of these times , and of this nation shall continue , the memory of how much that county hath merited from vs and our crowne , may be derived with it to posterity . given at our campe at sudeley castle the tenth of september . . printed at oxford , by leonard lichfield , printer to the vniversity . . the spy discovering the danger of arminian heresie and spanish trecherie: written by i.r. russell, john, d. . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a stc estc s this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the spy discovering the danger of arminian heresie and spanish trecherie: written by i.r. russell, john, d. . rhodes, john, minister of enborne, attributed name. robinson, john, ?- , attributed name. [ ] p., folded plate by the successors of giles thorp], printed at strasburgh [i.e. amsterdam : . i.r. = john russell. also sometimes attributed to john rhodes and to john robinson. in verse. the imprint is false; printed in amsterdam by the successors of giles thorp (stc). signatures: ² a-f⁴ g² . the last leaf is blank. reproduction of the original in the henry e. huntington library and art gallery. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng church of england. -- controversial literature -- puritan authors -- early works to . great britain -- politics and government -- - -- early works to . - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - jonathan blaney sampled and proofread - jonathan blaney text and markup reviewed and edited - pfs batch review (qc) and xml conversion the spy discovering the danger of arminian heresie and spanish trecherie : written by i. r. possibile est satyras non scribere ? 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . printed at strasburgh . to ●ll zealous professor● and true hearted patriots in great britaine . my blus●ing disabilities haue at length adventured to passe the pikes of censure , vnprovided of any other armes , or ornaments , then sincere loyaltie , devoted to my king and countreys service ; rather then my king and countrey should be ( for want of a timely discovery of those dangers , wherein they haue beene cunningly and intricately entangled ) thrust blindfold upon the pikes of forreyne enemies , or the poyniards of domestick traytors . sooner had these naked raptures visited the world , had this age afforded but an * egyptian midwife to forward them . faine would they haue fluttred abroad the last parliament , but the supercilious lookes of over-awing greatnesse had so danted these degenerous times , that none durst adventure , to giue wings to their desire . howsoever , i hope , their flight home , from a forreyne countrey will not now be unseasonable . the raine was ceas'd , and the windowes of heauen were shutt , when noah sent forth his returning raven ; but the inundation remayned . all the fabrick falls not , assoone as ever the foundation sinckes : but the mystery of iniquity runnes on so many wheeles , that it is to be feared , the removall of one ( though it may slacken ) can ●●●●●erly hinder the motion . yet unlesse all be d●…red , the danger may be ( indeede ) partly abated , can not be wholly avoyded . if any censure me for presenting so graue a subject , treading in measure ; they may consider that the whole book is but an explanation of the frontis-piece : & such expressions square best with a ▪ metricall proportion . as for statelynes of style , my scantling of time permitted me not ( had i affected that , more then plainnes , in so serious a matter ) to be so refyn'd . whatsoever the acceptance be , it proceeds from a well meaning hart . and j beseech god , that with the oracles of our lawes , and ornaments of our state , ( especially with him that is the chiefe of both ) they may worke the same effects , for the preventing of imminent danger , and providing for the publique safetie , that i desire . whose consultations that they may haue free proceeding for the establishing such wholesome lawes , as may tende to the advancement of gods glory , his majesties honour , the gospells encrease , and the kingdomet welfare , i will dayly offer up my most earnest supplications before the throne of grace . strasborgh aug. . sty . vet . your affectionate though afflicted servant and countreyman , j. r. the spy . mvst i turne mad , like * solon and write rimes , vvhen † philippicks would better fit the times ? yes , yes , i must . for what soe're they be in presse , or pulpit , dare of speech be free in truth's behalfe ; and vent their grieved mind ▪ in phrase more serious , or some graver kinde , ( though , at the common good , they onely ayme , and be as strictly carefull to shun blame as wisdome can devise ) : they cannot scape the malice of the age . some mouths must gape ( vvhos 's guilty conscience tells them , this was pend to lash at vs ) their sland'rous breath to spend in their disgrace ; and bring them into hate as movers of sedition in the state . as if truth's friend , must needs be englands foe . these rimes , i hope , shall not be censur'd so councels , of old , encourag'd such men still ( till those made councellours did curbe their will ) vvho boldly would , for publique safety , vtter vvhat , novv , the best , in private , dare not mutter vnder the fleetes damnation . nay 't is fear'd , that their advise in councell is not heard vvho passe their kewes enioyn'd , or else come short . nor is this strange , for we have presidents for 't . our fathers dead , their sonnes their courage lost : many of bloud , of spirit few can boast . where now is essex ▪ norris , rawleigh , drake ? ( at whose remembrance yet proud spaine doth quake ) where 's burleigh , cecill , all those axletrees of state , that brought our foes vpon their knees ? where are such fearelesse , peerelesse peeres become ? all silenc'd ? what , is all the world turnd ' dumbe ? oh how hath trech'rous coward feare enchanted this plying temporizing age ; and danted our noblest spirits ? what dull heavy fate hath lull'd asleepe , and stup●fi'd our state ? that few will see , at least none dare disclose those plots our forreine and domestick foes haue layd to ruine vs. shall th' austrian brood abroad be gorg'd , and glutted with the blood of our allies and friends ? nay shall they here at home a babel of confusion reare ; and none speake to prevent it ? is there not vn slaughter'd , or vn poyson'd left one scot dares tell the blindfold state it headlong reeles to spanish thraldome vpon spanish wheeles ? and that those pillars may be iustly fear'd vvill fall on vs , that we our selues haue rear'd ? then giue him leaue ( for stons sake ) to speake , whose heart , with griefe , had it no vēt , would breake . thou therefore , sacred mother , christs deare wife , ▪ from whose pure breasts , i suck'd the food of life ) and thou , deare countrey , ( in whose peacefull lap first to receiue my breath , 't was my blest hap vouchsafe t' accept , and graciously peruse th' abortiue ofspring of an vnripe muse : and suffer not weake insufficiency to counterpoyse his harts true loyalty in your affections , who to doe you good , vvould thinke th' exhausion of his deerest blood great happines ; and want of liberty large freedome : nay , could ev'n contented be or for your safety to be sacrific'd or your saluation anathematiz'd . nor feare i censure , though strict cato read vvhil'st in the well knowne path of truth i tread , and travaile in her cause . the subiects vveight repells the breath of eu'ry vaine conceit . and for spaines agents , and times flatt'ring minions i neither passe their persons nor opinions . for god , that doth the hearts of all men see , knovves my intentions just and honest be . ' 't is no vainglorious humour makes me doe it : nor doth malicious envy force me to it : but hate of spanish treason , and true zeale vnto the good of church and commonvveale . vvhy therefore , armed vvith so iust a cause , should i the censure feare of right-full lavves ? or once suspect a check or prohibition from any but a popish pack'd commisssion ? nor can the councell take such subjects ill , as to true patriots haue beene vvellcome still . vvhat , ever yet , did merit condemnation , tending alone to publique preservation ? mistake me not ( you props of state ) i pray : such bold presumption never yet bare sway in my acknowled'gd weakenes , as to goe about ●'informe your well tri'd judgments : no i b●● persuade and not prescribe , incite , and not instruct your wisdomes , to what 's right ▪ those then of malice shall traduce my name , by being guilty , bring themselves to shame , should such squint lamian envions eyes reflect o● their owne brests , they would themselues correct beforeth would censure others but such spight shall never mount my muses lowest flight . so high this world i prize not , as to close vvith falshoods fautours , and gods favour lose . if friends by flatt'ry be procur'd alone , befriend me heav'n , on earth i 'le looke for none . grant therefore ( god of truth ) into his hands i never fall that holy truth withstands . the explanation of the table prefixed . an endles bloudy war , that never yet cessation , truce , or peace did once admit from the worlds cradle , so it 's hoary age hath still beene wag'd , with vnappeased rage , by cursed sathan , and his damned bands of reprobates , against christs church ▪ like sands her foes in number are : no station 's free from fierce assaults , and furious battery , when time began this malice first began , nor will it end but with the latest man ' ' time shall produce . thus iustice hath decreed ' ' those shall be crown'd in heav'n , on earth must bleed . to exercise the churches patience , hope and faith , god hath ordaind a turke or pope to persecute her saints : her sins to scourge , and from her purer gold the drosse to purge of vaine corruption , oft he tryes in flames her glorions martyrs : and sometimes he tames herself ▪ admiring , and applauding pride ( that on presumption of his loue doth ride in to that high conceit , the iewes haue told her since god hath chose her , he is bound t' uphold her by † drawing from her his supporting grace . that see'ing in what a weake and vvretched case she is vvithout his helpe : hovv soone she 'd fall ( if grace be not her leader generall ) to heresy , or any other snare , the tempter , to entrap her , shall prepare : she may rely , vpon his povver alone vvho is the rock of her salvation . to be exposed thus to sathans spleene , of christs true church , a true marke still hath beene . the church malignant , vvhose prodigious head the divel is himselfe , vvee , see , hath led the captiue vvorld in triumph : liu'd at rest : and most of nations vvith subiection prest . no streames of martyrs blood her temples di'de : nor did she persecution e're abide . his cruelty , not to his friends , but foes , the prince of darknes , here in this vvorld , shovves . vvhom , but th' apostles , did he sift , like wheate ? and whom , like paul , did he desire to beat , vvithout , with ievvish scourges , and vvithin , vvith buffets of his flesh-assaulting sin ? such barb'rous tortures , vvho did e're endure ( vvithout all pity ) as the saints most pure ? this bold adventurous foe , his fiery darts directs , vvith matchlesse cunning , at the harts of them that are , the best of saints . and vvhere he sees the richest graces shine most cleere , there he his strongest engines doth erect : ( if possible ) ev'n to subvert th'elect . thus haue vve seene in heate of vvarres alarmes , ( vvhere bloudy fields are pav'd vvith broken armes ) the foes redouble all their force and might , to breake the battailes , vvhere the gen'ralls fight . such vvas the syrian monarchs , * charge to bring captiue , o● kill none else but israels king. so caesar thought those soldiours vvorthiest grace , vvhose poynts still levell'd at their foemens † face . thus strong temptations , forcibly appli'd , haue made the best of gods owne children slide . lot , noah , david , peter , fouly fell ; because their gifts , did all mens else , excell . adam , in paradise , no safety found : nay he , that of all safety is the ground , escap'd not vnassaulted : of vvhose fare , good reason , all his servants should haue share . stand forth then , roman strumpet , vvipe thine eyes pull of thy scales of blindnes : yet be vvise . ere 't be too late . then shalt thon cleerely see vvho the erroneous , vvho the true church , be . i vvill not ( nor is 't fitting ) here discusse those points of doctrine , vvhere in you from vs are in diameter oppos'd , as farre as bright truth from darke fals hood : such a vvarre requires a larger and more spatious field , then this restrained straine can aptly yeeld . vvherefore in freer methode , more solute , i leaue your tenents for the schools dispute . and yet hovv easy vvere 't to make you knovv , humane traditions are ( alas ) too lovv to mate gods sacred vvord : nor may the vaine inventions of an erring mortall braine braue th' oracle of truth . if th' arke to check dagon presume , dagon shall breake his neck ▪ hovv easy vvere 't to proue , that saving grace , of our corrupted nature , must take place ? errour hath champions : 't is not my intent that antichristian councell , which from trent takes it's denomination to refell , since those blasphemons cannons now doe smell o're all the vvorld : and you your selues are faine many ( for shame ) back to revoke againe . no ( were there no marke else , the church to knovv ) our truth , your falshood , this vvould cleerely shovv to proue vs christs , and aggravate your sin vve haue the patients , you the agents bin in all massacres , treasons , persecutions , close murthers , cruell bloudshed , and dirutions of cityes , kingdomes vvofull devastations . rebellions , povvderplots , and vvrong invasions , perform'd to force mens consciences , and make inconstant soules , vvith errour part to take . these are the bloody glosses of your text vvhich , you vvell hop'd , vve should interpret next . and if your projects be not timely crost our freedome and religion both are lost . for , that our safety might be vndermind , you haue not onely , all your povvers combin'd abroad , but ev'n at home , prepar'd such vvay , that vve , our selues , should , our ovvne selues , betray . to vvhat end else , did you ( in time of danger ) you , introduce , vve entertaine a stranger t' our reform'd doctrine ? was 't for conscience sake to bring vs to the truth ? or was 't to make entrance , for spanish waspes , to th' english hiue vvhile vve , for conscience , with our selues should striue ? thus simple truth , hath by your cunning bill assaild without , falsely betrayd within . and when religions bond 's once broke asunder , no mervaile forreigne atheisme bring vs vnder . which , that the church may better take to hart , and yet prevent that , for which else she 'le smart , her dangers here appeare : that when you view them you better may advise which way t' eschew them . truths fortresse , whose fundation's layd vpon th' apostles , prophets , aud that corner-stone vvhereon they build ; morter'd and cemented vvith blood of martyrs ( for the gospell shed ) then , by degrees , rays'd to the present frame , by such of ancient , and of later fame , vvhose workes , and wordes , liues , lines , harts hands haue made truth flourish , errour vanish , falshood fade , and shak'd proud babel : stands beleaguer'd , here , on all sides by her foes . two ports appeare , " gainst which th' assailants ( ar'md with fury rage , and hellish spleene , that nothing can asswage but blood and ruine ) all their engines plant , and forces bend : here is , of plots , no want , or cunning projects : for their braines are filld vvith all the stratagems that hell can yeeld . religions port's beleaguer'd by the whore of erring babel's cursed paramour : vvhose right hand 's armed vvith the fulmination of kingdomes-blasting excommunication : to send to hell , or some such place , all those his jurisdiction , or his lavves oppose . his bull 's his buckler : vvherevvith he defends ( as he makes credulous soules beleeue ) his friends ; pardons their sinnes , pulls such from sathans pavves as damne themselues , for his vnhallovved cause . next him , the cardinalls march in pompous sort : vvh ' vvould rather the defendants of the port corrupt , then force by conquest . this implyes , they shall not vvant for earthly dignityes , and temp'rall honours , that vvith rome vvill side gainst heaun : in vvordly triumph , those shall ride : and he , for babels vvhore , vvill spend a soule , shall quaffe in fornications golden boule . be it so , lord , such their revvard haue here , and plagues hereafter : but thy children deere novv suffer , that they may be after crovvn'd , vvhen they shall , in thy cup of vvrath be drovvnd . a squadron of fat bishops marcheth next ▪ vvhose armes are pickaxes in stead of text . truth , by the spirit can sustaine no harme : therefore they 'd batter't , vvith the fleshes arme , the last ( though not the least in force ) consists of a vvhole legion of * ignatius priests . vvho ( hauing learnd the vndermining art from him , that taught it first to † berthold schwart ) doubt not to make truth 's strongest hold to fly , vvith * pouderbarrells , vp into the sky . vvhen lying , forging , and equivocation , too vveake , they found , to batter truth's foundation , and that the seeming'st , reasons they could rack from their sublimest braines , reflected back vpon themselues , with shame , and vvith disgrace : ( for falshood must , at last , to truth giue place though ne're so nearly varnish'd ) they betooke themselues to treasons , and their bookes forsooke , ( as * iulius did his keyes ) vvith fire and svvord , in stead of zeale , and the spirituall vvord , they take the field : not only to enthrall mens consciences , but liberty and all . thus arguments for armes they haue refused , and treasons base for their best reasons ●sed : thus haue they chose for pallas povverfull charmes ▪ mars his more harsh and forcible alarmes . and not prevailing by far-strain'd conclusions , would put dovvne truth by lavvlesse vvrong confusiōs . this germany too sensibly hath felt and smarted for ( vvhose soule can chuse but melt to thinke on 't ? vvhere the title to the crovvne of that vnhappy kingdome , tumbled dovvne truth 's best professours . for the plot vvas layd , before th' election of the paltz grave made , hovv to defeate him . this vvas onely done to make him on his owne confusion runne . and that they might the eyes of iustice blind vvith some pretence of equity : and bind our hands , that vvere engaged to support so iust a cause . how grossely did they sport vvith thy mild nature ? thou , whose sacred name the title of the prince of peace may claime . how was thy soule abus'd with false relations ; and , hopes of ne're-meant reconciliations ? how did that damned don , and 's agents here , that were , of all thy subjects , plac'd most neere thy nought-suspecting heart , infatuate the wisest prince on earth ? and captivate that iudgment , whereat all the world did gaze ? sure he that skrew'd thee into such a maze of errour , was no spanyard , but a devill sent vp from hell , to worke the church such evill . hovv couldst thou else vvith patience sit , and see truth 's fall , and thine ovvne childrens misery ? vvhile ( as 't is thought ) there vvas more treasure spēt in fruitles embassades , and complement ; then vvould not onely haue the paltz secur'd but in it's bounds the austrian pride immur'd . vver 't nor for this ( blest king ) and th' old ones playster , thou migh'st ( perchance ) haue , yet , beene britaines master . novv germany lyes drovv'nd in her ovvne blood , and all that for religions quarrell stood haue suffer'd martyrdome : and frances king is set a vvorke the huguenots to bring into subjection . yet one sore doth ly in th' eye o' th' pope , and 's catholique majesty , vvhich needs must be remov'd before the rest and that 's our land , of * heretiques the nest . ( as they please terme it ) hovv they this may doe , spaines councell , and the romane conclaue too , vvith beelzebub , that sits as president at councell table , haue a long time spent . vvith forreigne forces to invade a land so rich , so vvell appointed , so vvel mann'd vvith high resolved spirits , that ever bore themselues , in vvarres , victorious heretofore , and made good proofe of perfect valour ( till base treachery against the valiant's vvill did generally mislead them novv of late , and the vvhole vvorld may admire all thereat ) t' invade so stout a people , needs must be a dang'rous action , full of jeopardy . besides the very thought of eighty eight dants them , and quells such resolutions straight . vvherefore 't is safest , in such case to fly from open vvarre , to secret trechery . " he that intends to bring a countrey vnder , " either he must , before he lighten , thunder : " or else rayse vp , and nourish in 't a faction , " may make him entrance , through their ovvne destraction . in eyghty eight , the former they assay'd : then treating peace , vvhen th' had their anchores vvaigh'd , to saile to our destruction . but ( be blest you heav'ns ) their svvord vvas turn'd on their ovvne brest . novv of the second project they make tryall : ( and spanish gold , alas , finds rare denyall ) from spaines exchequer some , some from the † popes a●e fed with gold , but more with golden hopes . this th' haue attempted long : and how too true t is th' haue prevaild ( i feare ) too late , we rue . ●i●st , seeing † religion is the strongest chaine to ty mens har●s together : and 't is vaine to hope for conquest , whiles that concords band environs ( like a wall of brasse ) our land : his holynes hath learn'd of machiavell , ( in whom all popes haue ever beene read well ) t' advise his * standard bearer , to devide truths chiefest followers : that while they doe side in factions mongst themselues , he may with ease destroy them all , ev'n as himselfe shall please by taking part with th' one . which to effect sathan his writts doth readily direct to all the peeres of darknes . vvho being met , and ( capering to the councell-table ) set : in comes the divells duke , great lucifer : vvhen all , to make obeysance , quickly stir scraping their cloven feet , and lovvely bending : because their honours are from him depending . straight beelzebub , the chosen president after a hem ( that all in pieces rent the walls of l●mbo ) an oration roar'd to all the luciferians , amply stor'd with threatnings : what he sayd , i did not heare : if needes you 'le know the cause , i was not there . but , by the sequell , i perchance may guesse that solemnly his hate he did professe to truth , and all her follo'wers : and 's desire t' enlarge his empire , and to bring it ●igher to vniversall greatnes . but there lay ( to curbe his great designes ) a rubbe i' th vvay , truths fortresse : vvhence he often had sustaind losse irrecov'rable : and seldome gaind ought else , but shamefull falls , disgracefull foyles , or strong repulses . therefore all their vviles of hellish policy , they novv must proue , this let , of their ambition , to remoue . all spend their censure , that , since force prevailes not , treason must do 't : that too too often failes not . vvherefore vvith generall voyces they conclude that fiends in shevv of friends , must truth delude , and so betray her . to this cursed end , in humane shape arminius they send ; got by pelagius , and in rome nurst up : vvhence , drunke vvith superstitious errours cup , he 's sent to leyden by the popes direction to blast the vvorld vvith 's heresyes infection , nor rests th' ambiguons crafty monster there ; but spewes the poyson of 's false doctrine here : comes , like a protestant , in shew , before ; and vowes he hates the antichristian whore ; disclaimes her tenents : nay none seemes to be more zealous , in the gospells cause , then he . ( oh that false tongues were ever made so smooth , or lying lips should haue the power to sooth , ) tell him the doctrine of the pope is ' true concerning merits , he will censure you for errour straight . say that vve may attaine by nature , povver saluation to gaine , by vvorking it our selues : he vvill reply these doctrines are condemnd for heresy : and yet ( vvhat positiuely he thus denyes ) by necessary consequence implyes . so that obserue him vvell : vvithin you 'le find a friers hart , as here his coule behind . behold , novv , sathans masterpiece , t'or'e spread the church vvith popery , so long banished . had he , in publique , these his tenents held , and justify'd , he should haue beene expelld from all reformed churches ; and confuted had he such , theses in the schooles disputed . therefore , vvith truth , dissembling to take part he ( ioab like ) doth closely , vvound her heart . and silly soules , entangled by him , ly in nets of errors , that they cannot spy . yet though arminius , holla●d had infected , since vve , his poysonous doctrine had detected , and that blest king , most learnedly refelld those false positions seduc'd vorstius held : vvhat madnes vvas 't , for vs , to foster here those errours , that our church condemned there ? had sathans instruments beene all vvithout , the danger vvere not great : vve need not doubt so much our safety . but * vvithin , they lurke , that , vnder name of truth's stout'st chāpions vvorke her ruine : and to back her , making shovv , betray her , and conspire her overthrovv . no sooner comes arminius to vntwine the bond of concord , and to vndermine religion , vvith condemn'd pelagianisme ( to make way for the pope ) but factious schisme , vvith sencelesse atheisme , cold neutrality , loose epicurisme , and damned policy are ready t' entertaine him : and declare themselues ( perfidious vvretches as they are ) for him , g'ainst truth receiud . vvherefore , in hast , as he is formost , by the divell plac't vvith schismes vvild fire , riligions port to set in a combustion , he is straightvvay met by messengers sent to salute him . vvho they are , i scarce can yet precisely knovv . but bishops chapleines they should be , i deeme for , by their stately port , no lesse they seeme . and such is he , vvhose purblind couzning eye it's objects ( as 't appeares ) doth multiply , and make tvvo sacraments seeme sea'vn . like him . ( but that his carriage something is more grim ) is he , that takes vpon him to suppresse all bookes against his leyden friend : vnlesse his sence of feeling be a little feed . ( vvere i his indge ) it should be so indeed . but him that welcomes first this heretick , his very † lookes proclaime a schismatick . he hath commission , with a false forg'd key to let this monster in , and so make way for all the rest of that accursed crevv in truthes chiefe martyrs bloud , their hands t'mbrue . these , these , not those at clerkenvvell we tooke , the strong foundation of our church haue shooke , and made religion reele . our foes we shun : but these false faigned friends haue truth vndone . oh vipers most vnnaturall ; thus to teare the bowells of that mother , held you deare . alas , alas , too true it is i see , all men are for themselues ; few christ , for thee . errour prevailes : and while thy sheapheards sleepe wolves in sheepes clothing , worry all thy sheepe . vvho , almost , cares which way religion bends , so they may compasse their ambitious ends ? hovv sone doe those that should firme mo●ntaines be , for truth to build on , leane to popery : laude romish lawes , and to disgrace endeavour , in truth's profession , such as would persever . so they may rise , they make their betters fall . thus doe they ship wrack faith , loue , soule and all . yet ( blest be god ) truth ne're was so distrest , but she had still some champions ( those the best ) t'abet her quarrell . see the faiths defender , vvth's brandish'd sword , is ready ayd to lend her ; and thouhands more of soldiours stout there be , vvhich never yet , to ertour , * bow'd their knee , for truths sake , would , in midst of faggots dance : yea bishops some . but see a luckles chance befalls one prelate : hastning to repell arminius and 's adherents back to hell for feare of faction . he himselfe is tane by proud ambition : that is still the bane of all religious acts , the roote of evill , the character and darling of the devill : aud violently ( i know not why ) 's throwne downe vnable to resist , ev'n bv a frowne . me thinkes 't is pitty , for a cause vniust that godly gravity should ly i' th' dust . but , though he fall , himselfe ( he sayes ) shall rise † and he shall fall , when none shall vvet their eyes . hovv speed the rest : their vvell meant labour 's lost : a bald appa'ritour hath their iourney crost : vvho muzz'ling them , by virtue of his box extorts the spirits svvord from th' orthodox . nor doe these flattr'ing prelates cease to bring such men in hatred , dayly , vvith their king : and falsly , that th' are calvinists , report onely to make them odious in the court . nor is 't vnlike , some hope , by pleasing so the kingdomes secret bane , and churches foe , they may , in this golden corrupted state , bishopricks purchase , at an easier rate then the chiese-iustice-ship . thus errour beares her selfe aloft : while truth ( bedevv'd vvith teares to thinke vpon the wofull sad events schismes ever bring vpon the church ) laments . for , if the monuments of formerages vve search : and studiously turne ore the pages of all historians : they vvill shevv vs plaine , no state , or kingdome ever did sustaine such fatall dovvnfalls , gene'rall devastations , finall subversions , and depopulations , by open foes : ( though ne're so fiercely bent ) as by intestine civill broyles . hovv went the graecian monarchy to nothing ? why lost rome her greatnes ? vvherefore doth she ly buryed in her owne ruines ( who vvas once the glory of the east ) an heape of stones ? but aske antiquity , how these did fall , 't will answere , * discord hath or'ethrowne thē all . enquire of carthage , and her rubbish towers will cry , would hannos ' house had ne're beene ours . aske how the thracian empire's stately seate became a slaue to mahomet the great , how we lost all those countreyes in the east , and how that land our saviours presence blest ? truth must reply , dissension was their fall . and christian princes discord lost them all . this was spide wisely by a graue † bashaw , and as a strong persuasion vs'd to draw great soliman to rhodes . for while ( quoth he ) the christian princes thus divided be , they hasten their * destruction . 't was too true . this counsaile rhodes and hungary did rue . " civill dissensions are most mortall ever : " but when religion breeds them , then they sever " the very soules of men . this nature makes " become vnnaturall : it no notice takes " of father , brother , friend : but all doth vse " with like contempt , with equall hate pursues . vvhich sathan , ( th' enemy of humane peace . the gospells glory , and the truths encrease ) perceiving ; and by long experience knowing , that nothing keepes religion more from grovving , then church contentions . as the surest way to rayse vp errour , and make truth decay ; he hath suborned , in all ages , those that , vnder † christs ovvne name , should christ oppose . none 's hurt , but by himselfe : to christ none is a foe so mortall , as he , that seemes his . schismes in the church , are like , i' th' soule , a vvound : to cure't no aesculapius can be found . th' are like * elias cloud : though small , at first , yet still encreasing ; and being dayly nurst vvith male contented humours : at the length , they ( by degrees ) attaine to so much strength ; truth 's suune is by them overshadowed quite , and , like a tempest , on the church , they light , or'ewhelming , vvith a bloody , inundation cityes and kingdomes , ev'n to desolation . such sad proceedings had the arrian errour ; vvhich , first contemn'd , prou'd aftervvards a terrour to all the vvorld . that sparke , whence once it brake to flames , made europe , asia , afrike quake . and so obscur'd the churches glory over , she never could her lustre yet recover . so vvas th' † arabian , in heraclius dayes ( whom sathan did another agent rayse truth to disturbe ) vvhen he began to broach his damned dogma's , fitter of reproach and scorne reputed , then represt to b'e by force , or councells censure . and thus he ( though an vnread barbarian ) after came , by this connivence , to attaine such fame for false supposed truth ( since no man could gainsay , as it vvas thought ▪ because none vvould , this nevv-spring doctrine ) that it quickly grevv through force and juggling of this pagan ievv to such an height of greatnes , and of povver , that from that age , vnto this present hovver , his barb'rous proud successours still haue beene the executioners of sathans spleene , and heaviest scourges , for the gospells side , that ever christendome did yet abide . " so fatall 't is : ( oh then vvhat state vvould doe ' ? ) " to let an errour , in the church , take root . if later times examples better take , and in mens minds deeper impression make : what frequent streames of bloud of christians drevv the mad , phantastick , giddy-headed crevv of germane anabaptists ? to maintaine vvhose grosse erroneous tenents , there vvere slaine thrice fifty thousand soules : vvho lost their breath in that false quarrell by a timeles death if then th' obtrustion of nevv dogmatiques vpon th' abused church , so deepely pricks her grieved hart : if it her quiet marre and turne her happy peace to bloody vvarre : vvhat belials brats , or bichris sonnes could find in hart , to be s'vnnaturall and vnkind as to that mother , ill for good , to render vvho hath beene ever , of their vvellfate , tender ? oh that such dang'rous serpents ere should rest , i' th' choysest mansions , of a kingdomes brest , vvould suck her hart bloud out : it vvere too much in monster-moulding africk to find such . vvho then would ere suspect a monstrous seed and more prodigious africk ere did breed should spawne in england ? in so cold an ayre vvhere matter of corruption should be rare . that then , that doth this mi'shap'd births create is not the sunne of zeale , but fire of hate , and slime of pride and treason : these they be that turne a man into a prodigie . and such , there are too many : who doe hope and strongly labour to reduce the pope , vs her'd b' arminius : that themselues , in time , to th' honour of a cardinalls cap , may clime : first let them breake their necks . and let that hand be ever mark'd with th' ignominions brand of infamous sedition , whose appeale , for spanish-english favour , not for zeale to god or truth , did hither first transferre the belgian heretick , to make vs erre . did we not see , of late , what sad effect this doctrine wrought , in that pernicious sect ? had not the states , like , to their cost , t' haue felt ( by th' trecherous designes of barnevelt , his sonnes , and others ) what religious fruites we might expect from such seditious bruites ? if , the same danger , we had meant to shun , vvhy , the same hazard , did we rashly run ? nor vvere these tenents in the schooles discust ( fit places vvhere such paradoxes must be controverted ) but in publique print ▪ ( to make vnlearned vulgar eyes to squint from truth on falshood ) all the land about these dang'rous bookes are cast , to make men doubt the truth receiv'd : and not resoluing vvhere safely to stand , or to vvhat side t' adhere , to fall as fast to rome or atheisme as * those in arrius time to gentilisme . better discretion from the heathens lavves might be observ'd . for no religious cause vvith them , vvas handled ' mongst the vulgar sort ▪ and vvith the turckes , his life he forfaites for 't dares question any . learned varro shut such bookes in schooles and private closets . but boue all th' apostles and the fathers vvere herein most chary . for vvhen ever there sprung any diff'rence ' tvvixt them : they ne're made saucy appeales to temprall kings , to shade or bolster up their fancyes . none did write bitter invectiues gainst his opposite : nor clamorous bills in any princes court put up . but * lovingly they did resort i' th' feare of god together : there propose their doubtes , alleadge their reasons , confirme those : and then determine from gods sacred word vvhat must be follovv'd , vvhat must be ahorr'd . good sheapherds lead their flocks to feeding , nigh those pleasing rivers , that streame * quietly and not in whirle pooles . those of highest place shall haue fruition in th' almighty's grace , that draw most soules vnto him . vvhere shall they become , that fright vnstable soules away ? consider this , all you , whose hot desire of worldy honour , far surmounts the fire of your cold zeale . and fix in heav'n your mind ▪ where , onely , lasting honour , you shall find . so shall , our church , be happy in her seed : so shall she be , from present dangers , freed : so shall the gospell , 'mongst vs , ever flourish : so shall our state , the true professours nourish : so shall the god of truth your labours blesse and your endeavours crovvne vvith vvish'd successe . port della fidelita . now rise vp rawleigh , helpe me to vnfold a mystery , shall make the bloud grow cold in all true english harts . vvhich to defeate , those boundlesse braines ofthine did ever beate , ( till wisedome swallovved spanish figges . ) and thou great lesters treach'rous ghost assist me novv to vnrip treasons bowells . that ( may be * ) hath harbour'd in as great a peere as thee , as highly honour'd , and as highly plac'd in offices of vveight : more highly grac'd . and novv you catilines , that agents are for spaines designes ; to hang your selues prepare . for we already haue ( though late ) detected your treasons ( blest be god ) ere th' are effected . nay novv our eyes , peace blinded long , haue found the plots , the meanes to worke by , and the ground of your attempts : vvhereby y' haue slily sought our english freedome ( traytor like ) t' haue brought to forreigne slavish thraldome . and our land t' haue made a province vnder spaines command ▪ novv haue we your conceal'd devices spide to weaken ours , strengthen the adverse side . now haue we found , hovv the cinque ports of state . the gate of loy'lty . hath enclind , of late , ( as far as yet it could procure commission ) by th' vndescry'd darke by path of prodition into our british i le to let that foe . vvhose greatest ioy would be our overthrow . this how they haue attempted : and how far prevail'd : we must enquire of gondomar , that magazine of craft , the divels factour th' authour of all pernicious plots , and th' actour ; he , he , in time of peace , that lull'd asleepe our salomon : † ichneum●n-like to creepe ●n●o his bosome . vvhere too long he sate to spy our secrets , and anticipate our foreknowne counsailes and attempts : that fox vvho , by his cunning wiles , pick'd all the locks of state : he that , like phocions sonne , him sway'd ( vvhich way he pleas'd ) whom all the land obay'd ▪ that vvitch , whose charmes enchanted vs so farre as to bestow our * instruments of warre to be imploy'd against our selues ( a crime ne're stupid state committed till that time ) he , he , that by procuring † volontiers for spaines allyes , 'gainst ours , in halfe seav'n yeares more english blood , by english armes , did spill in time of peace ; more english vet'ranes kill by english vet'ranes ▪ then in ten were slaine in time of vvarre , in belgia , france , or spaine . he that brought ravvleigh to vntimely rest for knovving hovv , his master , to infest best of all captaines living : he that made our iustice , to his will , a very iade . he that vvith hopes of a pretended match , great britane , in a purse-net thought to catch . he , he that , all times : in all shapes was clad : the creaft'st agent ere the divell had ; the spanish philips graue achitophel , that matchiavilian oracle of hell. he , on this side , appeares truths formost foe : for all his actions have approu'd him so . iustly may he , spaines colours , then advance ' fore●h ' austrians , flandrians , or the men of france . for his succesfull plots haue wrought those harmes they haue but executed vvith their armes . t' vndoe , by english meanes , this div'l proiected . truth and the palsgraue : vvhich he soone effected . and therefore rightly his devise proclaimes vvhereto he allvvayes bent his fox like aimes . vvhen foxes , muzzled lyons , lead so ●ame they dare not stir for feare of check or blame , 't is vvondrous easy for a spanish dog vpon that lyons vvhelpes t' impose a clog . this riddle needs no oedipus t' expound it : for , too true , englands onely daughter found it , vnto her ovvne and royall ofsprings cost . for his helpe vvanting , vvhom she trusted most ( that vvas by nature , and religion both , the tye of common danger , and by oth bound to defend her countrey , and gods cause ) forsaking her : she fell into the pavves of danger : and hath shelter'd , ever since vnder the vvings of the lovv-countreys prince ▪ to our eternall shame : vvhom no regard of honour , nature , common faith , revvard reseru'd in heav'n , for those their liues shall spend to beate dovvne errour , and the truth defend could ever dravv truth , falling , to sustaine , or replant them in heidelburgh againe . oh that vvee're vvere forc'd to be disloyall , to such a gratious princesse and so royall ; hovv ( vvithout indignation ) can the eyes of heav'n , such irreligious covvardise , and sluggish dull stupidity behold ? vvhat made the english thus , but indian gold . had not spaines philips † macedonian asse permitted bee'ne our loyall gate to passe ( driv'n by th' incarnate diu'l ) they had not bin so deepely drench'd in woe : nor we , in sin ▪ but things being thus : and our supplies kept back : our friends , the gospell , paltz , went all to wrack . vvhat could ( but cursed thirst of tempting coyne ) our safety , in their ruine , vndermine : to bring vs downe , what readier meanes could be then vs to cause to breake confed'racy with our allyes ? that , so , our strength divided , might broken be vvith ease : and we derided for vvillfull blindnes : that would not prevent those dangers could not be but imminent better had treasure vndiscover'd layne in hell for ever : then t' haue beene the bane of honourable actions : and to cause the shamefull breach of god and natures lavves . why , why ( abused statesmen ) haue you thus your selues blindfolded , to endanger vs ? could you be ignorant that th' austrian might * at length , vvould on our shoulders heavy light ? seing religion , but that sugar'd baite vvherevvith , to catch mēs freedomes , they lay vvaite , and fish for a fift monarchy no other but a cloake of pretence , to hide and smother their proud ambitious ends : vvhereto t' impose . limits of right and title , vvere t' enclose the swelling sea , confin'd vvithin a grate . since then religion , and invete'rate hate 'gainst vs , ( as they that haue opposed most their great'st designes , and vveighti'st proiects crost ) enfor'cd , in vs , a double interest in that long plotted quarrell : vvhy addrest not vve , in time , our succours ? vvhat did then the forc'd detention of the englishmen but ev'n our friends betray , our selues pull dovvne , and helpe t' advance , and spread , th' imperiall crowne ? vve * germany at austria's foote haue layd ' because prince fred'rick vve refus'd to ayd . spaines valour made th' imperiall greatnes rise not halfe so much , as english covvardise ▪ a humane body ( in this case ) is like vnto a states great body politique in th' one , to keepe disturbing humours low preserues from sickues : so to curbe a foe in th' other , frees from danger . keepe out fin in it's first motions , scarce 't can e're come in . but giue it entrance , suddainly t' vvill raigne , and hardly ever be expell'd againe . see then ( abused britanies ) see at length and mend your errours : reassume that strength hath beene abated by your vaine excesse your soft effeminacy and vvantonnes . these idle pleasures did your courage tame , so cyrus , once , the * lydians overcame . draw out those swords in peace have lōg time rusted , and since hovv far a spanyard may be trusted you novv perceiue ( vvho promises and vowes not onely , for his ovvne advantage , bovves vvhich vvay he pleaseth : but vvith perjur'd hand slightly ( lysander-like ) doth breake the band of sacred oathes , expresly 'gainst the vvord ) vvhich even turkes and pagans haue abhorr'd trust him no more , be sure , no more regard him : but , as he hath deserved , so revvard him . nor haue thy projects , vvith thy life , an end , old spanish fox , vvhile there 's a spanish friend in th' english court , to execute thy vvill : but stratagems of such like nature still vve must , against our state , expect . for vvho but vnto spaine a friend ; a faithlesse foe to englands good , would giue advise to breake our peace with france , to make our party weake , and force th' affronted french in league to close offensiue and desensiue with our foes ? vvhereas the way to safeguard vs , and keepe proud spaine at such a bay , she durst not peepe beyond her confines , vvas with france to hold good correspondence , so we might be bold ( thus countenane'd ) courage and life t'infuse vnto the belgians : and to make them bruise the head of his ambition , till it crack , borne , and assisted by so strong a back ▪ this then was but a spanish plot , t'intangle our armes in civill broyles : for while we wrangle with france , designing to the dane no ayd ; his townes , the austrian , at his foote hath layd . beates him frō holsteyn , makes him still giue ground , and theatneth to be master of the sound : which if he be , then must we make great store o' th' ships we haue , for we shall ne're haue more . ' tvvixt brothers then , this vnexpected breach , vvas not so much for malice , as to teach our foes the time t' invade vs : having thus pull'd ( like curs'd ismaël ) all the vvorld on vs : provoking some , and other friends abusing : vvitnes the lavvlesse staying and perusing the letters of that state , vve ever found to vs in league of friendship , firmely bound . hovv many bones , likevvise , to rayse vp iarres betvvixt our neerest friends the hollanders and vs , haue oft beene cast ? that vve , bereft of all assistance , might , alone , be left vnto the rage of all the vvorld expos'd . thus haue our actions aym'd ( if rightly nos'd ) at losse of honour : and to bring our state amongst all nations to contempt and hate . nor , that remonstrance , vvill i feare to blame , although i savv prefix'd the authours name ; vvherein the quarrell , rochell to support religion was ( poore soules ) they ' le suffer for 't . this was the onely way , indeed , to draw all that are champions for the romish law 'gainst the reformists : and to bend their spleene vvholly at vs : because we still haue beene truths ablest patrons . till the gospells light should be ( which god forbi'd ) extinguesh'd quite . this , blest king iames , thy wisdome did foresee , and , being fear'd , prevent as carefully : lest , civill discord from the deepe vnbound ' all christendome should in her bloud be drown'd . nor did there want a plotted grosse abuse might giue iust cause , to vs , to breake the truce . our admirall the french , some ships hath lent , vvhich were , he knew , 'gainst rochell to be sent : this could not chuse , but in our stomacks breed a secret grudge , and so it did indeed . these ships be'ing then detain'd , to open flame the sparke breakes out : and quite burnes downe the frame of that confed'racy we late had rear'd gainst spaines designes , by both states iustly fear'd ' ▪ and now , a huge armado , giues assault to th' i le of re , as if we meant with salt to powder france . our fleete environs th' ile and yet it is not taken , all this while , to shew our courage , though , is free from dread ; and vvhat trimme stratagems of warre , w'haue read , we scorne to man th' abandon'd little fort , or with our navy to secure a port ; although we rue the issue , what care they that seeke our good , the cleane contrary way ? torax ( that , to the spanyards next , doth lead a squadron of proud monsieurs , vvho doe tread their match in galliards , and in 's banner beares a cock insulting 'cause avvay he feares a lyon ) kindly doth a vvhite mare send for present , to his long expected friend . which vvas from others of that hue desery'de by a blevv scarfe before her shoulders ty'de . these favours vve requite , since they begin them , with pyes : pray god there vvere no papers in them . vvhat these commanders meant , or vvhereunto these missiues tended , vve vvill leaue to you ( sage british senate ) but , i feare , you 'le find , our english leader had a french mans mind : hovv , ever , else , vvhen th' ile vvas compas'd round , had they such vndisturbed entrance found ? vnlesse vvith legends you vvould blind our eyes and make vs thinke they drop'd downe frō the skyes . or that from th' earth , like cadmus leeth they sprung ▪ or else engend'red in the ayre they hung : ( and that conceit might vvell for currant passe . one squadron of them , seene at wantage vvas ) or make 's beleue because they came so soone , they leap'd downe frō the mountaines in the moone , or that sir hugh of burdeaux thither sent iuvisibly , a fayery regiment . or that th' vvere shot in archimedes gin . from france , and so the iland lighted in . hovv ere ( no english ships , or povver vvith standing ) ev'nas they pleas'd , they had a quiet landing . then like a storme orevvheln'd our men , that had 'gainst such impressions , no entrenchments made , of any moment , but securely lay . as france had england beene . yet might the day on th' english side beene won , had th' horse gone on vvith thy couragious resolution heroick cunningham : or vvith thy hart vvhom neither losse of bloud , nor stinging smart of raging vvounds could ere enforce to yeeld ( brave rich ) oh that this pen of mine could build an everlasting pyramis of prayse your fame and vvorth , aboue the starres , to rayse . but you not back'd , the rest , to saue their throates , did drovvne thēselues , because they vvanted boates , ( for they had ships enough ) you , that haue eyes , may reade these riddles , spy these mysteries . let then those partiall tongues , these things impute t' inevitable fate , be ever mute . and tell me ( if you dare of speech be free , that of your gen'ralls valour praeco's be ) if , as you say , he ventur'd so i' th' vvarres , vvhen few scap'd life , how could he scape from scarres ? hovv many french did his great provvesse kill ? vvhat vvounds receiu'd he ? vvhat bloud did he spill ? th are not lambs philters , nor a beldames charmes , can flesh and bloud , secure from gen'rall harmes . but say he did : vvas 't not as like as not , that torax present made him free from shot ? vvho durst not presse into the midst of 's foes , vvhen he is sure he shall receiue no blowes ? but had he beene so : * ( for i' de not detract deserved vvorth from any ) was 't an act of vvholesome policy , one that vvas vntrayn'd in feates of vvarre , nor ere experience gain'd in former service , and yet scorn'd to be advis'd by men of try'd sufficiency , so many vvorthyes should vntimely lead to ruine , vvarn'd before , vnquestioned ? once in a month , to take a leafe to taske in machiavell : or , vvearied vvith a maske , to reade ones selfe asleepe in aelian's tacticks , makes not a gen'rall , but tri'd morgans practicks . thy holsteyn ( iniur'd dane ) had ne're beene lost : had vve , in thy defence , imploy'd that host , commanded by some one , vvell knovvne to be faithfull , and of well try'd sufficiency . i envy honour to no loyall hart : but from my life i could haue wish'd to part , so ( noble essex ) thou , or thou , whose name addes a rich ornament to vvarwicks fame , or thou ( vvhom newport sounds ) victorious vere , had ( as you best deserv'd ) led th' english there . then france had found , our ancient british might ( though long time layd aside ) not rusted quite . then had not your triumphant soules , for shame , blush'd ( matchlesse english hero's ) that your name we doe but beare , having your courage lost : and , of your victories , can onely boast : vvanting your harts , your acts to imitate . nor had the french , then , at so easy rate , in temples hung our ensignes , 'fore their eyes . as monuments of english covvardise . then had there beene no reason to suspect ourselues of treason , or as bad neglect . vvhereas 't is settled novv in every thought not french , but english our confusion vvrought , disloyalty , not fortune , lost the day . so did vve looke on cales , and run avvay . vvhereat aym'd that ? but that vve might giue spaine our land ( in earnest ) cause t' invade againe . nor onely vvere three subsidies spent there , to makes vs laugh'dat : but our soldiours vvere vvith stinking vitailes poyson'd : by this plot vve vveak'ned vvere , and yet perceiv'd it not . vvas not anothers voyage likevvise barr'd vvith a degree i' th' south ? vvho might haue marr'd the plate fleete , had he beene in earnest sent , or they that set him on plaine dealuig meant . but now of late our vvaightiest expeditions are allvvayes frustrate by ill-meant commissions . all plots pretended for our kingdomes good ly drovvn'd and buried in our kingdomes blood and , as not here projected , but in spaine on our part loose , but on our foes side gaine . affaires , of such great consequence , of old ( vvhen great ones did not scorne to be controll'd ) vvere vvont to be concluded by consent of the states body in a parliament , and not by factious spirits , made alone of plying mettle , to be vvrought vpon : such greene-vvax councell , that vvill onely take th' impression , he that made thē such , vvould make . and so , his vvill , not daring to gainsay that hates the state , they doe the state betray . thus is our land made vveake , our treasure vvasted , our court corrupted , and our honour blasted , our lavves are broke , our iustice sold : and they that should reforme these mischiefes , giue thē vvay . all symptomes of a kingdome , that hath beene declining long , may be in england seene : our strength 's decayd , the flovv're of all the land haue perish'd vnder buckinghams command . those that their liues , haue ventur'd for their king , home , nought but labour for their paines can bring . hence 't is , our saylours are constrain'd to fly . ( for vvant of pay ) vnto the enemy . vvhereby it comes to passe : a * fisher tovvne , the very name of england once could drovvne , doth , vvith the terrour of some thirty saile at most , the povver of that kingdome quaile vvhich in the life of her renovvned queene kept all the vvorld in avv . vvho e're hath seene so strange an alteration ? they that then did feare † a vvoman , novv contemne our men . admire it not : our marchants taken are vnder the nose o' th' royall men of vvar ? oh that some angell would , from heav'n relate vnto our king , vvhat vvrongs are done the state he might beleeue 't . and not giue eare alone to them that nothing haue to liue vpon but glorious titles , and their countreys spoyle , the kings exchequer , and the fav'rites smile . no mervaile then such caterpillers vse their witts , the authour of these ills t' excuse . and papists : whom he rais'd in policy religion and the gospells bane to be . for if he once ( on whom they hang ) but crack : their credit , state and conscience , must to wrack , yet can not those gold flourishes they cast vpon his canker'd actions , blind in hast the vveakest iudgments . nor is that conceit ( so often in their mouth ) of any vveight pretending it a paradox that those . vvhom highest honours , on all sides , enclose , should not enioy content : but still aspire from high'st preferments to ascend vp higher ▪ as if the large desires of humane pride could be ( alas ) vvith bonds of reason ti ' de . ambition brookes no equalls : and much lesse superiours . 't is imperfect happines ( she thinkes ) in greatest povver to be plac'd , and not vvith so v'raigne titles to be grac'd . thus great things gain'd , vve ayme at greater things earles vvould be dukes : and dukes vvould faine be kings . should spaine ( great king ) but promise , to him , this for vvhose sake all your kingdome fares amisse , ( as vvho knovves but it hath ) you soone should proue vvhether your person or your crowne he loue . then should you see , how of your power he made vse , to abuse your selfe : and be a shade for such his actions , as being rightly scan'd ( you 'le find ) all tended to vndoe your land . your subjects riches are your strength : these he consum'd in riot and in luxury . their loue 's the maine supporter of your state : vvhich treach'rously he did alienate . that destitute of all your peoples ayd , your selfe , the state , the truth might be betrayd . which that he might effect , his doings all aym'd at our foes advancement , and our fall . ' ' great states affayers should allways manag'd be ' ' ( if we would haue them speed ) with secrecy , ' 'till they are ripe for practise : with all speed ' ' and expedition then they must proceed . this ( macedonian ) did thy honour rayse : this , caesar , crownd thee , with immortall prayse . but all our plots , our foes did vnderstand so well , they seem'd proiected in their land . spaine ever ( ere our selues ) knew our intention : and therefore , still , were readyer for prevention then we for action . thus at cales and ree vve lost our liues , and purchas'd infamy . nor can i , without horrour , call to mind thy vvrongs , poore rochell , novv vvith famine pin'd through our default . whose fleete your safety broke , and forc'd your necks vnto the tyrants yoke . then promising protection , and pretending supplies , from time to time , we would be sending , vvhich were detain'd of purpose , till too late . ●t was we that made your case thus desperate . for if w 'had sent assistance with good will , vvhy lay graue valiant denbighs navy still , vvithout empeachment of those french , that made ●he looking on ) the forts and pallisade ? vvhy lack'd , after they should haue launch'd , so long our fleetes , provision ? but that all went wrong . search out this fault ( wise king ) in time : and mend it and wheresoever treason harbours , end it . for feare those vipers that your favours wing giues warmth vnto , at last your hart shall sting . next to th' insulting french , the german comes beating with f●ry his victorious drummes : and flesh'd in bloud of slaughter'd protestants , no liberty of consultation grants ; but summons ( 'cause he 's master of the field ) vvithout resistance made , truths fort to yield . but stay proud austrian , though thy conquring blade , in seas of christian bloud , hath passage made through which thou sailst to the desired port of monarchy : thy hopes may fall too short . ●tis true : the world 's well mended with thee now , since venice made thy humbled knees to bow . presume not on 't : for thou shalt doubtlesse find the greatest labour to remaine behind . a lyon yet may stop the eagles flight . and take revenge on that iniurious spight the gospell hath endur'd . if god be just , knovv tyrant , that his svvord shall never rust . shall he not hearken to the wofull plaints and lamentations of his martyr'd saints ; and for that bloud , shed for his owne deare sake , sharpe vengeance on the cruell murth'rers take ? yes , yes , he will : and bloudy tyrants shall themselues , orewhelm'd * vvith bloud , like tyrants nor is thy greatnes built on such a ground . but spaine vvill vndermine 't . vvho , ever , found fall . corrivalls in a throne , endure each other ? vvhat ere he be , friend , kinsman , father , brother , ( vvhen empires ly at stake ) the one must dovvne ▪ such jealousies ever attend a crowne . and think'st thou thē , cause th' art imploy'd by spaine the german princes freedome to restraine : th' empire shall by succession be deriu'd to the right line ? no that must be depriu'd to make thy founders large extents entire . thus thou art but the faggot , set to fire thy friends , and burne thy selfe : the bee , vvhose sting in others fix'd her selfe to death shall bring . the same ( ignoble saxon ) is thy case . whom envy stir'd and emulation base , against the checks of conscience , to forsake truth 's cause ; and part with errours friends to take . what hast thou gain'd hereby ? first god , that knovves the harts of all men , heavy iudgments shovves , ( to curbe such irreligious atheists pride ) that , vvillfully , vvith earth , 'gainst heav'n doe side . he loues no sinners : but such reprobates , and grosse dissemblers , from his soule he hates . hereby ( blind duke ) what purchase hast thou made ? but ev'n a yoke , vpon thine owne neck layd ; and made thy children slaues . could'st not foresee , vvhen austria hath subiected germany , th' empire shall by inheritance descend , ( as boheme long hath done ? ) then to what end serue the electours ? but to serue , like slaues , spaines tyrants , and endure their basest braues ? by ayding thus , in friendly sort , thy foes ; and with an envyous spleene pursuing those that were thy friends . th' hast cut with luckles hand thy right hand of . so maymed shalt thou stand vnpityed to posterity . as one vvho , by opposing that religion ( against his conscience ) he himselfe profest : on earth gain'd slauery , and in hell vnrest . so speed truths foes : that dry deaths seldome see . such ( turne coate saxon ) 's like thy end to be . now march on spaines right arme : whose hardned skill in feates of war , so many mouthes doth fill vvith high encomious : as if thou , of men , deseru'dst , alone , to make the worthyes ten . vvhy dost thou here , ( whose well knowne name and force frights further then it strikes ) the troian horse . beare for device ? vvhat , doth it intimate thy sinon craft got the palatinate ? yes , sure it iustly may . for all knovv vvell that since your divelish maxime rose from hell , of breaking oathes and leagues , vvhen ere you please , y' haue gained more , by such damn'd tricks as these , then by your svvords . vvhen thou hadst past the rhine into the countrey of the palatine , thou knew'st thy iourney like to cost thee deare if thurlach and count mansfield tarried there . the tyger then his vvonted courage vvanted being by a more couragious lyon danted see what the fox can doe . thou knevv'st so farre our peacefull king did hate the name of vvarre , that rather then he vvould of battels heare he 'd beg for peace , or purchase 't ne're so deare . therefore th' arch-duchesse sends to him vvith speed an embassade , as spinola decreed . king iames did ' by persuasion soone consent ( desiring blouds effusion to prevent ) that on condition spinola vvould avvay . to free the countrey , mansfield should not stay . the time 's prefix'd . by th' style th' arch-duchesse gets ten dayes . and first count mansfield forvvard sets , and marcheth fairely , vvith his army , thence as thurlach did ; vvhen novv vvithout defence the paltz vvas left : th' italian quit , indeed , the land in person , as it vvas decreed but left his army , vvith gonzales there vvho seconded by mounsieur tilly vvere . these , none opposing , vvast vvith fire and svvord , and all the cruelty vvarre can afford the miserable countrey . naked left vnto th' invaders fury . and bereft of mansfields helpe ( for vvhom in vvait they lay but , through their sides , his valour made him vvay ) then might you see , flames , frequent murthers , rapes on all sides : none the soldiours fury scapes : but , torrent-like , the wallon beares dovvne all : not sparing yong or old , or great or small . and in contempt of god and men detaines perfidiously these his ill-purchas'd gaines . our king , being made , by this italian vvile , the instrument his children to beguile , iustly , vvith such a base affront , incens'd . had vvith his quiet nature novv dispens'd ( then zealous in gods cause , and ours vvert thou earle pembroke , but the case is alter'd novv ) and vovves to take revenge by open vvarre . vvhich to prevent , spaines old * familiar most cunningly corrupts the english court , suborning some , and those of highest sort ; in vaine , their king , to credulous , to persuade for all wrongs satisfaction should be made ; ( which ne're was meant , they knew . ) sometimes they 'd fire him vvith high encomions . all the vvorld admire him as peaces patron : all posterityes him , as the prince of peace shall memorize . but , if his svvord vvere dravvne : oh vvhat a floud vvould it dravv out vvith it , of christian bloud ? then should that honour he , by peace , had gain'd be lost : and vvith a boutefeaus title stain'd . at other times his feare they 'd vvorke vpon vvith faign'd surmises of invasion for breach o' th' league , if he should succour those that must be spaines , because th' are austrias foe● ▪ thus vvhile too iustly he doth vveigh the cause they make him breake the bond of natures lavves . yet nettled something vvith so grosse a vvrong from one that to th' arch duchesse did belong . he sent to let her knovv he vvas abus'd . she , flightly , vvith a punick trick , excus'd her servants actions . sending vvord vvithall neither gonzales vvas her generall nor tilly , therefore by no meanes it lay in her the army to command avvay . ( vvhich yet she vndertooke ; till those had quit the countrey , vvho had else safe guarded it ) and spinolas army lay there . then amaine another posts vnto the king of spaine : he ansvvere makes , it vvas not in his povver tilly commanded for the emperour : to vvhom another's sent : and he replyes lieutenant for bavaria there he lyes . bavaria this disclames : and doth professe , he tooke and kept it for his holynesse . so vvas thy paltz , prince frederick , quite forsaken of all thy friends , by fraud , not valour taken . but rise thou god of truth , avvake from sleepe : hovv long shall thy distres'd and slaughter'd sheepe be thus by vvolues devour'd ? lift vp thine head and let thine enemies be scattered . though we haue been thus backward all this while , and let our foes ( as 't were ) besiege our ile ; yet now , oh now at last , your hearts combine , great caesar and graue senate : yet now joyne your force , witts , whatsoe're is yours t' abate french , spanish , austrian pride ; and let our state gaine , once againe , what rate so ere it cost , ( if possible ) the honour it hath lost . the fire , in frost , its heat doth recollect t' expell the cold , let this conceit reflect vpon your breasts . let publique danger bind in publick vnity , your soule , and minde so may our concord , giving life and heate to our allies abroad , remoue the seate of war from home . which had bene done ere this , had not our councels guided bene amisse . so may i liue to see proud austria sit ( perchance ) as low , as poore as ever yet . so may the gospell flourish and regaine it 's former splendour : and our land retaine her ancient prosperous happines : and rest neither abroad , nor yet at home opprest . which that it may doe : and th'unconquer'd fort of truth , for ever safely may support thy poore distres'd ones . let , oh lord , the eye of thy most watchful providence descry all danger may annoy't . and let it stand safe guarded with thy strong protections hand : and let the scepter of thy power defend the scepter that defends it to the end . finis . notes, typically marginal, from the original text notes for div a -e * exo. ● ▪ . notes for div a -e * solo●… mentia 〈…〉 mulan ▪ insolitis tibi v●● sibus ( capitis 〈◊〉 ) persuasit atheniensib 〈◊〉 mega●●s●● 〈◊〉 b●llu inferre iust l●… † certain● bitter invectiue oration● of de 〈◊〉 nes against phil. of macedon and 〈◊〉 cicero ( 〈◊〉 mitation of him ) against m ▪ antonius † neither totally no● fully , but in the sencibility of operation . * . kin : . . miles saci●n ▪ feri . a caste●●o 〈◊〉 ●a verita . b port : orthe dosso . c the pope . ● ● 〈…〉 〈…〉 * 〈…〉 * nido d'he●●●tici ▪ ● † of pardons &c. † a religā●o . * the diuel . * da chi mi fido mi guar do dio. da chi mi nō fido mi guar ●●ro 〈◊〉 . h ● . ● † intus quod latet externa pingitur in facie ca●e a signatis . ● * 〈…〉 . . m n † tu null● plangente . 〈…〉 * in quo discordia cives , perduxi● mi●eros virgi . † 〈…〉 * christia●us occas●●●●testinis discordijs lab●●● † qui sub nomine chri stiano doctri uae resisterent christianae . tertul : * † mahomet . * 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 sozom : scholis ac parietibus clausit . aug. de c. d. * act. . * 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 sep. ps. . * to true ▪ p port della fidelita . ● ▪ † kind of 〈…〉 an ●…an rat creepes ●…elly a sleeping ●…s out ●utts . ●●●sse ●i● ▪ † ●●tu●sse ●●n l●ng ●o●●iers to ●●●●n agt. ●…ke ●●nd agt. 〈…〉 ▪ arch ●●agt ▪ the 〈…〉 &c. 〈…〉 one ●…hers 〈…〉 . r † ●h of maced . thought no gate so strong but an asse laden with gold might passe ●t . he was not far from ●●uth i feare . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ▪ pind. * 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 dem. olynt . . * 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 & . the same case dem. oly. . princip●●● obsta . * 〈…〉 ▪ fides non est ●enonda cum h●reticis . gallus gallicus . * neque enim bénefacta ma ligne , detrectare meum est . mat. * dunkirke † 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . xerx . de artem . in her. vn is pellaeo iuveni , non sufficit orbis . * ad gene● cereris sin●c aede & sa● guine pan● &c. iuve . ● sat . t v * too familiar with k. iames. hac ratione potes iustus rex forte videri , sed non crudelis , non potes esse pater . x y z tyranny no magistracy, or a modest and compendious enquirie into the nature, and boundaries of that ordinance of magistracy with an essay to demonstrate it's specifick distinction from tyranny. by an enemy to tyranny and lover of true magistracy. enemy to tyranny and lover of true magistracy. approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; 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(eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) tyranny no magistracy, or a modest and compendious enquirie into the nature, and boundaries of that ordinance of magistracy with an essay to demonstrate it's specifick distinction from tyranny. by an enemy to tyranny and lover of true magistracy. enemy to tyranny and lover of true magistracy. , [ ] p. s.n.], [london : printed in the year . place of publication from wing. reproduction of the original in the bodleian library, oxford. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng government, resisitance to -- england -- early works to . great britain -- politics and government -- - -- early works to . - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - robyn anspach sampled and proofread - robyn anspach text and markup reviewed and edited - pfs batch review (qc) and xml conversion tyranny no magistracy , or a modest and compendious enquirie into the nature , and boundaries of that ordinance of magistracy . with an essay to demonstrate it's specifick distinction from tyranny . by an enemy to tyranny and lover of true magistracy . sam : chap. . vers . he that ruleth over men must be just , ruleing in the fear of god. prov : chap. . vers . as a roaring lyon and a rangeing bear ; so is a wicked ruler over the poor people . printed in the year . as magistracy , that excellent ordinance of god ( whereon much of his soveraign majesty and glory is impressed ) is not amongst the smallest priviledges of the sons of men ; they being thereby not only preserv'd in their well and better being , but even in their real and true being ; injoying thereby , not only religion , right and property , but even life , freedome and safety from all the other inconveniences in the world ; and that whilest these due bounds and limits , which god has appointed in his word , and given men to know by reason , are so strictly observ'd , that magistracy is thereby preserv'd ; so , when through the breach thereof there is a full perversion into tyranny , that , which once was the greatest priviledge and blessing , does then become the greatest misery and curse , according to that maxime , corruptio optimi semper pessima . but such a plague ( and so much the greater , that the world hath bin rather doteing on , then seeking a remedie against it ) hath overtaken this generation , that very properly an allusion to that of isaiah may take place , isai . . ver . . where he speaks of such as take a peece of wood and burn part thereof in the fire ; with part thereof he eateth flesh : rosteth rost and is satisfied ; yea he warmeth himself and sayeth aha , i am warme , i have seen the fire . and the residue thereof he maketh a god , even his graven image ; he falleth down unto it and worshipeth it , and prayeth unto it , and sayeth , deliver me ; for thou arte my god. such hath bin the madness and folly , even of the true christian world , that they have set up persons most unfit for government ; and inlarged their power beyond the due limites , that tyranny and oppression in the very abstract has bin visible both in their persons and government , and yet worshiped as so many idols , and all absolute obedience and non-resistance pleaded for , to an absolute power and tyranny . one great reason whereof is , that foolish notion of the sacredness of power in possession , never inquiring into right and title ; and the due distance , distinction and boundaries of magistracy , and tyranny , that are as specifically distinct , as right and robry : honesty and knavery : a blessing and a curse . hence nothing would be more usefull and advantageous to the world , then to be induced to a serious inquirie , how these are to be distinguished by their true characters . and that the matter may be the more clearly illustrate , the question shall be stated thus ; what is it , that makes a just and lawfull king , or magistrate , and doth continue them such . the which question shall be answered ; first , negatively , and then positively : negatively , by removing what it is that doth not : positively , in a plaine asserting and proveing what it is that doth . in the negative part , there are these two would be removed ; first , that it is conquest that doth it ; and secondly , that it is an hereditory title that doth it . that conquest is not that which doth it , will easily be granted by all men ; for a man by violence may mount a throne , and yet be no just and lawfull king. absolom did mount the throne , and yet was no just and lawfull king , as in sam. . chapt. more particularly it is to be observed in the . ver . where david designs him by the title of king , which in effect was only an usurped title , he having come to it only by violence and robry . zimri did the same , and yet was no just and lawfull king , as in kings . from the . ver . we find his conspiracy against his master and killing of him : and after his establishment upon the throne , a destroying of all the house of baasha , and in ver . . when the people heard thereof , they made omri king over israel in the camp , and in the , and , ver . omri pursued him , and took the city , so that zimri went into the palace of the kings house and burnd ' the same over him with fire . athaliah destroyed also all the seed royall of the house of judah , and by violence took possession of the power , as in chron. . ver . , . and yet joash is made king , and she destroyed ; as in the following chapter , , , ver . many more examples of this nature might be added : but we shall only say this by way of argument , and so have done ; that seeing neither the word of god , nor reason does command , or allow a king , or any other magistrate to mount a throne , and accordingly to take possession of the power by violence , and that it would be a thing of most dangerous effects , if the minds of people should be possest with any such principle ; ( for there is such a lust and propensity in the hearts of men to govern , that they would seek out all occasion to destroy the very best of magistrates ; and thereby the people might be robbed of the very best of governours and government : for the same principle that makes a man usurp a power , makes him also usurp an unjust and unlawfull power , ) it 's evident that conquest makes not a good right . now this being ended , our next is to inquire into that of an hereditory title , and we shall state the argument thus ; quest . whether or not doth an hereditory title really in it self give a full and real power to a king , and thereby make him a just , and lawfull magistrate . answ . that which neither in it self , nor by the law of god , nor reason is necessar , or essentiall to the being of a king , can never make a king ; but an hereditory title neither in it self , nor by the law of god , nor reason is necessar , or essentiall to the being of a king ; therefore hereditory title can never make a king. the major i hope none will deny ; the minor i prove thus ; as for the first part of it , viz : that an hereditory title in it self , doth not make &c. it is clear that hereditory title in it self , dot not make a king , or then kings could never have bin made without it , but kings have , are , and may be made without it , ergo &c. and as for the latter part , that the word of god , nor reason does not allow of it , nor command it , i prove thus , that which doth expresly thwart and contradict the word of god and reason , must be inconsistant with the word of god and reason ; but that an hereditory title should be necessar and essential , and accordingly make a king doeth expresly thwart and contradict the word of god and reason , ergo &c. which i prove thus , the word of god , and reason do expresly command and allow that a magistrate should have suitable qualifications for the office , as in deutr. . from ver . . there the qualifications of a king are held forth and commanded ; i shall only mention one of those , which is this , that he should not be a stranger born : which does clearly import that he should not be of a strange religion ; for the reason why the lord did lay such strict commands upon his people not to marry with strangers , was not but that they had the bodies of men and women as good as they , but that they were of a strange religion and might draw them away to idolatry ; and seeing the word of god does expresly command these qualifications as necessar and essential , certainly reason does command and allow that a people should have a respect to the glory of god , their own good and safety , and accordingly make non king , but such as have these necessar and essentiall qualifications : but that hereditory title , ( which many do boast of , ) does allow and essentially make him a king , whether he have these qualifications , or not ; though he should be born a monster and not a man ; a mad man and not a sober man ; a fool and an ideot , and not a wise man ; a stranger and of a strange religion , and not a native , nor of the religion of the land ; yea though he were given to all manner of wickedness , yet he is said to be a born king , and accordingly the lords anointed : wich is altogether inconsistant with the word of god and reason . but that we may give satisfaction more fully to all persons concerning this matter , let us inquire yet a little further into the nature of this hereditory title , who it is that gives this title and what it is they can give . i know that some of the vil'd of the earth , who would flatter princes and cheat the people out of their rights and liberties do plainly say , that it is god only gives it , and that all kings have their right and power only , and immediatly from god and so are accomptable to non but god. i would gladly know where those kings got these ladders , by which they went up to heaven to get those rights devolved upon them , and their families , or if there be such a thing recorded in scripture , that such and such men should by an hereditory title reign as kings on the earth , and in such and such parts of the world , or if this right of reigning must only and immediatly flow from the people . there is nothing more certain than , that it is the gift of the people , if it be not the effect of conquest , which is already spoke to , and excluded . and therefore we shall next consider what a people can give , and what the extent of this hereditory title can be . and it must be understood , that a people can give no more then they have to give , which is , that if they be persons so and so qualified for the office ; then they shall be preferred before others to such an office : but if a people should absolutely say and determine that such a race and family should be their born kings , that were to take gods power unto them ; for it is not in their power to bring such a thing to pass in respect of these many natural accidents that are in the way , yea it were the very way to make themselves slaves ; and to bring that curse upon them , that is there threatned in , hos : . ver . , . and accordingly to forfeit gods protection . so that the extent of this hereditory title being only a promise in the people that such a race shall succeed to such an office being qualified for the same , it must of necessity follow that the people must be judges of this matter : for no forraign power can determine therein , the people being only and immediatly concerned therein . let us now go to the case of saul and david , and there we find , though saul had gods absolute promise for it from the mouth of the prophete ( for non can make an absolute promise of this nature , but god only ) and that also the prophete did confirme the same unto him by anointing him with oyle , and telling him whome , and what he shoud meet with by the way ; yet all this did not make him king : for this was only a secret act of the prophete , whereby he did make known gods minde and promise unto him ; for when saul was made king , the people were gathered together for that purpose , and presented before the lord by their trybes and by their thousands : and when saul was taken by lot , he was lying hidde amongst the stuffe , being it seemes affrayed and doubtfull , whether he should be chosen king , or not ; as you shall find in sam. . ver . , , . and accordinly david , though he had the lords promise in the same manner , yet he was not really king for many years after , until the death of saul ; and he was first made king of judah ; and did reign seven years and six moneths , before he was made king over israel , until all the tribes went to him in horeb , and david made a league with them , and then they anointed him king over israel . now seeing we finde clearly the lords promise ( which was absolute ) was not that which did really make them kings , far less doth the lame promise of the people do it , which ( we have made manifest already ) may come to nothing . i know some do alleadge that there was an hereditory right settled upon the house of david : but we finde that it was only a secret promise of god to david upon conditions , that if he and his family should keep gods covenant , then the lord in his providence would so order it , that there should not be one of the family wanting to sit , upon the throne , and this promise was not made to david simply as he was a king ; for then it should rather have bin made to the house of saul ; because he was before him : for god did bless him with severall blessings that no king on earth can pretend to ; as his being a prophete , and christs coming out of his race . yea that prophecy and blessing of jacob to his children in the . of genesis , ver . . the scepter shall not depart from judah , nor a lawgiver from between his feet , until shiloh come , was fulfilled in the person of david and his house ; as vve shall finde by davids ovvn vvords in chron : . ver . . howbeit the lord god of israel chose me before all the house of my fathers to be king over israel for ever : for he hath chosen judah to be the ruler ; and of the house of judah the house of my father ; and amongst the sons of my father he liked me , to make me king over all israel , &c. i knovv some do alleadge this hereditory title to be the absolute promise and gift of the people and therefore becomes as really the right , and property of that race and family , to vvhom it is given , as any other estate does go-from father to son . although there be anough sayd both from scripture , and reason sufficiently to ansvver the same , yet vve shall come to matter of practice in these nations , vvhere this hereditory title has bin most in use . and in the first place , vve shall consider the reason of this hereditory title , the title it self , and the practice of the people concerning those , to vvhome it did belong . as for the reason thereof , there can be no other reason given then this , that often times families fell a contending for the government and thereby the sheding of blood vvas occasioned , and therefore the people ( to take avvay this inconvenience ) thought fit to settle the title to an office upon a particular race . as for the title self , though the very vvords granting it , may seem to be absolute , admitting of no condition , or qualification vvhatsomever ; yet it cannot be thought , that any nation vvho knevv any thing of a god , much less a christian nation , and of the reformed religion vvould ever set the povver and providence of god so at nought , as not to respect the same in the doing of this very thing : for though men do frequently say , that they vvill go such avvay , or do such a thing , yet it is alvvays understood , that they do respect the povver and providence of god in this matter , that they neither can go any vvay , or do any thing , vvithout god concur vvith them in giving them those necessar qualifications , as health , strength , reason and understanding ; and every vvay make his povver and providence good for them therein . so it must be understood of such a nation , vvhen they give such a right , that as they are lead by some reason for the doing thereof , so they do not intend thereby to destroy reason , religion and nature , and accordingly to set the povver and providence of god at nought . for it vvere against reason , religion and nature , and a defying of gods povver and providence for a people to give up themselves blindfoldedly to such a race , in such an absolute manner as that . and as for the practice of the people concerning those to vvhome this title did belong , vve shall find , that in scotland , england and other parts of the vvorld , vvhen the people did find that those persons , to vvhome this hereditory title did immediatly belong , were unqualified for the office , that they have taken it from them , and given it to the next in line being more qualified for the same . now if this promise and gift had bin so absolute , as some do say , so as that these persons by their birth had bin just and lawfull kings , it had not bin in their power to have taken the same from them . but seeing we have said anough from scripture , reason and the practice of the people to prove that this hereditory title neither in it self , nor by the law of god , or reason , is necessar , or essentiall to the makeing of a king ; and that it is inconsistant with the word of god & reason , that a king can be made thereby ; let us now consider what it is that doth really make a just and lawfull king , and continue him such . it is necessar to be considered , that no supreme magistrate comes justly to the power without the call and election of the people ; and that the people are to call and elect non , but such as have those necessar and essentiall qualifications . first , that he be a man ; and not a monster . secondly , that he be a prudent , wise and sober man ; and not a fool , an ideot , or a mad man. thirdly , that he be of the true religion of the land ; and not of a strange idolatrous religion . fourthly , that he be just and upright . i know , no rational man will object against the first two , and therefore i shall labour only to prove the absolute necessity of the last ; that he be of the true religion of the land ; and not of a strange , idolatrous religion : and i do it thus ; first , the lord has commanded it in his word ; secondly , reason does also injoyn it . thirdly , from the bad consequences that may follow , if it be not . now that the lord has commanded it , is clear from that of deut. . ver . . it is like some will object , that this command was judiciall and only binding upon the jewes , they being more immediatly under gods own government : but if the text of scripture be considered , there can be no such mistake : for this is a government common to other nations , to which god grantes them a liberty , these due measures being observed , which a people , or nation ( who do worship the true god in the true manner ) ought to secure their religion and liberty by . now that reason does injoyn it must natively follow ; for that people , who would secure their religion and liberty , could not at all be accompted men of reason , if they should set up an idolater to be their king. for it is too well known to the true christian world that no bondes can binde an idolater , ( especially a papist ) who by the nature of his religion and these his religious vowes , does not only stand at liberty , but obliedged upon all occasions to break all vowes and oaths whatsomever , to those of the true religion , when it does in any measure prove consistent with the destruction of the true religion , and the advancement of idolatrie : and it must also follow , that the worst of consequences will attend thereupon . for thereby a people are guilty of rebellion against god by not observing , but rather forsakeing those due measures , that the word of god and reason has commanded , and do accordingly forfeit gods protection : and it must of necessity be said , that they have cast off that which is good , and that the enemies shall pursue them , as it is sayd of that people , hos . . ver . , . and as the worst of misery must follow thereupon , so it must be acknowledged , that they have brought it on with their own hands . and so long as they continue unpenitent for this their rebellion against god , and treachery to their native land , they can not pray with hopes that god will either help , or relieve them out of their misery . and that he be just and upright , is most absolutely necessar : for that magistrate , who is not just and upright in his office , can no more be said to be a just and lawfull magistrate , then a thiefe , or a murtherer can be said to be an honest man. david in his last words gives this as a thing most absolutely necessar and essentiall to the real and true being of a magistrate , in sam. . ver . . the god of israel said , the rock of israel spoke to me , he that ruleth over men , must be just , ruleing in the fear of god : this text of scripture does not say , that it is necessar he should be just , so as he might be the better magistrate ( for that were only necessar to the well being of a magistrate ) but that he must be just , so as without it he cannot at all be accompted a lawfull magistrate : and accordingly jethro , moses father in law gives this also , as a thing most absolutely necessar and essentiall to the true being of a magistrate , exod. . ver . . moreover thou shalt provide out of all the people , able men ; such as fear god : men of truth , hating covetousness , and place such over them &c. and it is a thing well known to all the world , that the want of this can not be dispenced with in any manner of employment whatsomever : for the meanest treadsman is obliedged to be just and upright , or if otherways he be found to malverse in his office , by cheating of people , he can no more be looked upon as a just and lawfull treadsman , but a cheat and a rogue . now as it is most certain that the electing and chooseing of a king is the proper , true , just , and radicall power of the people , and that they for their convenience , further good , and safety do chuse a king , so for their convenience they do not now meet by their tribes and thousands , as in the days of old : but do chuse their representatives , and the representatives the king. so that if the representatives malverse , the people may call them to an accompt , and if the king malverse , the representatives may call him to an accompt ; and if both malverse , the people may call both to an accompt : for both are chosen for the convenience , good and safety of the people & derive their power only , and immediatly from them , as the only qualified under god for giveing the same unto them . now it is to be considered , when a people do call and chuse a king , that there are termes and conditions agreed upon by borh parties ; the people they do convoy and give into his hands the just and lawfull power of the supreme office in the state , and accordingly he does receive the same from them , promising faithfully to hold , possess , or use no other unlawfull or tyrannicall power : but by vertue of that just and lawfull power , to maintain and preserve all those rights and priviledges ; wherewith god has blessed them , both sacred and civill , and as the peoples magistrate to exercise the same for the glory of god and their good and safety : for there is nothing more certain , then that all magistrates whatsomever are really ordained of god , and do receive their power from the people to minister thereby for their good ; and accordingly the people do promise to maintaine and desend them as such ; this appears further from kings . ver . . the old men , when they gave their advice to rehoboam , it was to this purpose ; and they spoke unto him , saying , if thou wilt be a servant unto this people this day , and wilt serve them ; and answer them , and speake good words to them ; then they will be thy servants for ever . now when this man , who is to be their magistrate , has this power convoyd unto him by the people , and does promise to the people ; to maintaine , preserve and accordingly to act by vertue of the same , it must necessarly follow that he is either really sincere and upright in his undertakeing and promising , his heart being fully determined to comply with the minde and purpose of the people , and accordingly to become the minister of god for good to the people , having nothing else before his eyes but the glory of god , the good and safety of the people , over whome he has that charge , or then he is fals and treacherous , and does only dissemble with them , takeing occasion thereby only to possess himself of the power , that then he may act according the purpose of his own wicked heart ; if he be real and sincere in his promises to the people , there is nothing more certain then that he is a just and lawfull magistrate ; but if otherways he be fals and treacherous , and does only take occasion by his thus receiveing of the power , to change the same unto an unjust , unlawfull , arbitrary , wicked and tyrannicall power , and accordingly to rob them of their rights and priviledges , both sacred and civill at his pleasure , then he can not at all be said to be a just and lawfull magistrate , but a deceiver and a tyrant : for a people can do no more , then put a just and lawfull power in his hand ; and accordingly to cloath and possess him with the same : but it still remains that god give him that grace of justness and uprightness to maintain , preserve and accordingly to act by vertue of the same , as prov. . ver . , . by me kings reign and princes decree justice . . by me princes rule and nobles , even all the judges of the earth . now , though there may be some that pervert and wrest this scripture to a proveing that kings have their power immediatly from god , yet the true meaning of it is , that a king being lawfully chosen and set up by the people , it 's god that gives him the spirit of government , whereby he is in a capacity to exercise that function , whereinto he is first installed by the people ; so that it does sufficiently prove what we were saying . for when a people has brought a magistrate to a throne of justice , and accordingly put a sword of justice in his hand ; if he from the wicked purpose of his heart shall immediatly leave and forsake that throne of justice , and go to a throne of iniquity ; whereby he shall fraime and establish mischief by a law , and change that sword of justice into a sword of injustice , by destroying that very interest , which he should have maintained ; and become a murtherer of those , whome he should have defended , there is nothing more clear and certain then that he is no longer a just and lawfull magistrate . now this is to be known severall ways ; one way is this , that so soon as he has received that just and lawfull power from the people , and findes himself well fixed therein , if he shall immediatly declare his fals teracherous , and sinistruous end in receiving that power , and that he was only dissembleing with the people in all his vowes and ingagements , that were upon him , to them , and accordingly formally renounce those very vowes and ingagements that were upon him to the people , and declare himself an enemy to that very interest and people , which he should have preserved and defended ; then it is most clear and certain that he is no just and lawfull magistrate . the next way is this , that though he should not do it in such a formall way , yet he may do it practically , as many have done , who did not finde it their interest in a formall way to renounce their vowes and ingagements , but upon the contrary have indeavoured what they could to blinde the eyes of the people , by all fair promises whatsomever , and yet nothing has bin more clear and certain , then that their practice has bin quite contrary ; and that the people have found to their sad experience many a time ; as those two queen maryes of scotland and england , both of them at that very instant of time , vvhen they vvere destroying the protestant interest , and murthering true protestants vvere not vvanting by all fair means to persvvade the people of their resolute and unchangeable purpose to maintain the same . i knovv some vvill object , and say that though a magistrate be found qualified for the office , as to all outvvard appearance and have the povver lavvfully convoyed to them , yet the people are still uncertain , vvhether he be their lavvfull magistrate , or not ; and so are not obliedged to maintain and defend him as their just and lavvfull magistrate , or give him any obedience , as such . to vvhich i ansvver , that vvhen a people do diligently inquire into the qualifications of a magistrate , and as to all outvvard evidences , they are assured and convinced of his suitable qualifications for the office ; and accordingly do convoy unto him the just and lavvfull povver belonging to the office ; though his heart be fals and treacherous , yet he is to them a just and lavvfull magistrate , so long as he doth not discover any thing to the contrary . neither is every act of vvickedness in a magistrate , that vvhich doth really unmagistrate him ; though i hope non vvill deny a magistrate ought to be as circumspeck as any other : for certainly he , vvho is to punish vice and vvickedness , should not be a bad example to others . i knovv some do alleadge that a king is above the lavv , and may do vvhat he pleaseth : but non vvill say so , but court-flatterers ; and non vvill pretend to such a povver , but tyrants and oppressours : for a person , vvho pretends to be above the lavv of a nation , does thereby exclude himself from the society : that being nothing else but a consociation of many persons of vvhat ranks somever under common lavv , and so is incapable of any office in that nation : but vvhen a magistrate does either formally , or practically break his faith to the people by proveing fals and treacherous , and does thvvart and contradict the very end , for vvhich he vvas ordained , and becomes a destroyer and murtherer of that very interest and people , vvhich he should have preserved and defended , he does then sufficiently demonstrate himself to be no lavvfull magistrate , but a tyrant and an oppressour . some do object , i knovv , and say that a just and lavvfull povver being once convoy'd unto a magistrate by the people , even though he should malverse never so much , and act never so vvickedly in the povver , yet still he does remain a just and lavvfull magistrate , untill that povver , vvhich gave him the povver , do in the same manner take the povver from him . though vvhat i have said already does sufficiently discover the vveakness of this argument , yet i shall give a particular ansvver thereto . as it is only in the people to give a morall , externall povver , so as to render him a lavvfull magistrate , upon supposition of his justice and other necessary qualifications , vvhich are gifts of god ; and that it does still remain that god give him that internall and effectuall povver , vvhereby he does become really and in effect a just magistrate , as in that forecited place of proverh . . ver . , . so the not formally takeing avvay this morall , externall povver , does not at all continue him a just and lavvfull magistrate : for vvhen a murtherer committes a murther and aftervvards is brought before a judge , and sentenced to die for the same ; it is not the sentence of the judge that does really , materially , and in effect make him a murtherer , but only formally and declaratively , and accordingly punishes him for the same ; but it is his committing of murther , that does really , materially and in effect make him a murtherer . for though he should never be brought before a judge , or receive the sentence of death , yet from his very committing the act of murther he is really , materially and in effect a murtherer . so that it is very strange that some are pleased to say , that a magistrate haveing once the povver convoyed unto him by the people though he should act never so vvickedly , yet the povver does still remain the same , so long as he is not formally divested ; and that these acts of vvickedness are only the bad exercise of that lavvfull povver , vvhich vvas given him of the people ; vvhereas gods vvithlolding the qualification of justice , and other qualifications supposed , the povver granted upon the supposition falles ipso facto , vvithout any declarative sentence ; and the people have a right vvhenever an opportunity occurres to reject such a magistrate . and it is , as impossible that a just and lavvfull magistrate , by vertue of a just and lavvfull povver , can bring forth acts of vvickedness , as it is impossible for a good tree , by vertue of it's goodness , to bring forth bad fruite . for the exercise of the povver is , as the fruite from the tree ; so that if the exercise of the povver be vvicked and unjust , there is nothing more certain , then that the povver it self must be vvicked and unjust ; and that , vvhich once vvas a just and lavvfull povver , must be changed into an unjust and unlavvfull povver . for as a tree is knovvn by it's fruites , so is the povver knovvn to be just by the good acts thereof . and vvhen our blessed lord and saviour vvas charged by the pharisees of possessing a vvicked and bad povver in casting out of divells by the povver of beelzebub the prince of the divells , he gives no other reason for a certain proofe of the goodness of that povver , by vvhich he acted , then these very good acts thereof , as matth. . ver . , , , , . the apostle paul , vvhen he does commend obedience to higher povvers , as those povvers , vvhich are ordained of god , vvarning them not to resist the ordinance of god , he does not leave people in the vvilderness , but gives this as the certain and true character of just and lavvfull magistrates , that they vvere not a terrour to good vvorks , but to the evill , and that they vvere the ministers of god to the people for good , rom. . ver . , . and accordingly the apostle peter , in his epist . . ver . . gives the same character , that they are for the punishment of evill doers , and for the praise of them that do vvell . so that this is the very character by vvhich just and lavvfull magistrates are knovvn to be such ; i knovv some vvill object and say , that the apostles gave command to obey these very magistrates , vvho vvere then in place ; and they vvere the quite contrary ; for they vvere not a terrour to the evill vvorks , but to the good , but i hope non , vvho are in any measure acted by reason and religion vvill ever alleadge , that the apostles did thvvart and contradict themselves , or that they vvere lying and dissembling to the people : but that this vvas given as a standing command for all times to come ; that the people should give obedience to those magistrates , vvho should act by vertue of gods ordinance , and therefore gives them the certain and true character , by vvhich they shall knovv such magistrates , so that the apostles doctrine , doth not atall clash vvith the necessity of obeying god rather then man. but i knovv some do alleadge that paul gave obedience to those very magistrates , and did appeal unto caesar , vvho vvas a vvicked tyrant , and thereby did acknovvledge them to be just and lavvfull magistrates . to all vvhich i ansvver , that neither the apostle by his practice consonant to his precept , doth acknovvledge caesars being a just , or lavvfull magistrate ; nor yet doth his precept , vvhich is certainly perpetuall , extend beyond the case and state of the people he vvrote to ; to vvit the called to be sanctes , vvho vvere in rome , rom. . ver . . no great number not to the whole body of the roman people : then it is concerning a power established , though not lawfully , or by consent of the people ; yet by the ordinance of god , for his own wise endes , which doth neither communicate justness , nor lawfullness to that power , but single possession . for though god in his justice sets up a tyrant , who has no pretence of right , for a peoples punishment , and that tyrantes possession of power is an ordinance of god for a time ; yet the invader is neither just , nor lawfull magistrate , as it 's like non will deney : but such as he is , magistrate in possession , the debelled and subdued by him , ( according to the apostles practice and doctrine ) , are free to plead before his courtes , and obliedged to submit to their civill sentences , not only for wrath ( which is a good reason of prudence here allowed , they not being in a condition to remove his yoke from them ) but also for conscience sake , discerning clearly , that god has ordained that power to be over them , or them to be under that power , untill he send an opportunity of outgate and deliverance , which , non can deney , they are obliedged to lay hold on whenever it presentes . but that the apostles doctrine commanding subjection to that ordinance of power , and his practice of appealing to caesar may be the better understood , it 's fit to consider what he writes to the corinthians epist . . ver . . dare any of you , haveing a matter against another , go to law before the unjust , and not before the sanctes ? he rebooks them in the . vers . now therefore this is utterly a fault amongst you because ye go to law one with another ; why do you not rather take wrong ? why do you not rather suffer your selves to be defrauded ? there is utterly a fault in you that you have pleaes amongst your selves , each of you should deal justly with all men of choice , voluntarly , and without need of being compelled . nay ( ver . . ) you do wrong , and defraud , and that even your bretheren . here is the highest degree of the fault : but to the persons wronged he sayes vers . why do you not rather suffer your selves to be defrauded ? then have a plea with your bretheren ? before what ever judge it be ( as the text most clearly importes ) non must thinke , that there is here a command not to implead a brother , as is clear by the , , , , , ver . do ye not know that the sanctes shall judge the world ? and if the world shall be judged by you , are ye unworthie to judge the smallest matters ? . know ye not that we shall judge angels , hou much more things that pertaine to this life ? . if then ye have judgements of things pertaineing to this life , set them to judge who are least esteemed in the church . . i speake to your shame . is it so , that there is not a wise man amongst you ? no not one , that shall be able to judge between his bretheren . nor yet is it commanded as a positive duty to suffer defraud from a brother , much less in such a measure as is inconsistant with what the apostle writes rom. . ver . . recompence to no man evill for evill . provide things honest in the sight of all men . corint . chap. , ver . . provide for honest things , not only in the sight of the lord. but in the sight of men . timoth. . ver . . but if any provide not for his own , especially for those of his own house , he hath deny'd the faith and is worse then an infidele . but this question , why &c. ver . . importes an advice in reference to a tollerable loss , to an eminent degree of charity towards the bretheren in matters of meum & tuum , and is of the same nature with these proposed corinth . . ver . , . so then he that giveth her in mariage , doth well : but he that giveth her not in mariage , doth better . . but she is happier if she so abide , after my judgement , and i thinke also that i have the spirit of god. then the question proceeds thus , if one keep back from another what of right he should have , and the other is not able , or yet has not that measure of charity to bear the losse ; or if there be doubtfull questions of law amongst you , why do you not chuse by consent a wise man of the best esteemed in the church to judge between his bretheren , to whose determination you should stand ; and not leave your selves under a necessity ( as that is of ones being wrong'd and defrauded of all his meanes ) of impleading the bretheren before infideles . note by the way , that the whole argument runs upon matters commonly called civill ; not criminall , as murther , robbery , adultery &c. upon which they were not then in case to appoint judges , or indued in any case to coact , or compell : the next step he makes is upon the supposition , that they have of their bretheren persons condescended upon to determine their differences ver . . dare any of you &c : implead or pursue before the unjust and not before the sanctes . from the whole these things will be clear to a discerning person , first , that in criminalles , upon which they could have no authoritative judges of their own ; and in civills , in case by common fault they had non appointed of their own , and also in case the injuring party would not stand to the sentence given ( they haveing no power to compell him ) they might lawfully pursue before the power in being , though infidele : albeit in the last two cases it were more charitable to bear a comportable loss ; and in all cases , though the loss be not borne the injury must be forgiven , and vengeance laid aside according to matth. . ver . , . for if ye forgive men their trespasses , yeur heavenly father will also forgive you . ver . . but if ye forgive not men their trespasses neither will your heavenly father forgive your trespasses . secondly , that the party defendor in a just defence may plead before any judge he is called to , and appeal from an inferior to a superior , if expedient for his safety , or cause . thirdly , that the just sentences of such judges are to be obeyed for conscience sake ; and the unjust may be yielded to ( in civill cases especially ) if there be no shunning it , for wrathes sake ; and in such things , one may still chuse the greater conveniency , provided it be done salva innocentiâ : as he who by an unjust sentence is appointed to pay crownes at a certain day , or , if he pass it , may justly and innocently save by preventing that set day . fourthly , that what is done in any of these cases , doth no way acknowledge an usurped power it's justness , or it's lawfulness , but only , ( which can not be denyed ) it's existance , and moreover it is not persecuting religion simply , as it is religion , that unmagistrates a magistrate , and thereby makes him become a tyrant , but it is the persecuting of religion as it is the right and priviledge of a nation . for those magistrates , who did then persecute religion , were not at all guilty of the breach of faith and trust to the people ; because they were not under any ingagement to the people to defend the same ; in respect of religions not being the right and priviledge of those nations : therefore the persecuting religion did not in the least unmagistrate them : but it is a far different thing where religion is become the right and priviledge of the nation ; and the magistrate formally ingaged to maintain and defend the same ; then persecuting religion is a formall breach of his faith and trust to the people , and a robbing them of the best and choicest priviledges that they have , upon which all their other priviledges have a dependency . for there are some priviledges that a people can dispence with the want of : but this is such a priviledge , that the want thereof can not be dispenced with . for if they should dispence with the want of religion , then they should dispence with the want of god also ; for by their forsakeing of religion they forsake god also . i know some will object , aud say , that the magistrates may change their own religion and yet not take from the people theirs , and so not be guilty of the breach of faith and trust to the people . to which i answer , that the magistrates changeing from the religion established forfeits , ipso facto , his right of magistracy : and when the religion is condescended upon by the people , and the magistrate formally ingaged to maintain and defend the same ; his very changeing therefrom is a breach of his faith and trust to the people , and thereby he becomes a traytour to god and his native country . but it 's like some may alleadge , that a magistrate may give a tolleration of religion , and thereby tollerat a false religion . to which i answer , that if the constitution of the government does allow of the same , and it be done by the consent of the people , or their representatives , the magistrate is the more excusable : but if it be done contrary to the expres laws of the land , and without the consent of the people or their representatives , the magistrate in this case is no less then a thiefe and a robber ; and as there is a curse due to such as do remove the landmarkes , and that as to the civill and common interest of men amongst themselves , deutr. . ver . . and . ver . . proverb . . ver . . certainly there must be a great curse due to such as do remove the landmarkes of the land , upon which the good , peace and safety , yea and glory of the land does depend . and as david understood it well to be his duty to pray that god would confound all such as did worship graven images , psal . . ver . . certainly it is the duty of the people of god to pray that god would confound such as do , not only worship graven images , but establish the same in a land , where the glory of god has shined brightly in his pure ordinances ; and that contrary to the laws of the land and consent of the people . and as there is a command by the lord to stone to death such as should but secretely intice and lead the people away to idolatry , deutr. . ver . . and , ver . , , , , and . certainly this command must in a great measure reach him , who does the same in such a publick manner . but i know some will yet alleadge that nero was not only a persecutor of religion , but he was otherwayes a persecutor and destroyer of his people , and was really a tyrant , and an oppressour . that he was once this , i do acknowledge ; but that he was such at that time , i will not so easily grant , in respect of the good intertainement paul had from him . and those very historians , who do say that nero became a tyrant , do also say that it was not in the first five years of his reign , but that for the first five years he reigned as a sanct , so that the people said , that a god was come down from heaven to govern them . but grant he had bin a tyrant , it was not paules interest to call it in question being only a stranger , and what he did might have bin done by him , though he had fallen unto the hands of thieves and murtherers by the way . for if a man should fall unto the hands of thieves and murtherers by the way , and if they were going to take away his life , if he knew any of them to have a greater power then another , and to have some title of honour above others , it were no sin in him to make application to him in the same manner , by giveing those titles of honour that were any ways common and ordinar to him , that thereby his generosity might be ingaged to show him mercy . there are some , i know , will still object , that the kings of israel , though most wicked , and in effect tyrants and oppressours , as saul , zedekiah and others , yet they did still remain just and lawfull magistrates untill the day of their death , and the people gave obedience to them as such ; as also when the people of israel were subdued by nebuchadnezar , though in effect a wicked tyrant and oppressour , yet the people are then injoyned to give obedience to him , as their magistrate in all things lawfull . from what has bin sayd already it does clearly appear , that when once a magistrate does degenerate unto a tyrant , he can no more be accompted a just and lawfull magistrate , then that man , who committes all manner of villany , and knavery can be sayd to be an honest man from what he has bin formerly . and as for saul , we finde that no sooner he had committed rebellion against god , but as soon the prophete samuel is sent to tell him , that the kingdome was rent out of his hand ; and accordingly david was anointed king in his place : and in respect that the people did not performe their part in a formall divesting him of the power and establishing of david , they were made sufficiently to smarte for it : for he killed fourscore of the priests of the lord : and when foresaken of the lord , went to the divell for councill , and when invaded by the enemy he and they both were destroyed , and the curse of god did lye heavily upon the kingdome for his sake , so that much blood was shed , till that david was put in full possession of that , which was his just and proper right . and although davids heart did smite him , so that he could not kill him in the cave , from these reasons following . first , that god honour'd him , makeing him king ; and that he was not as yet formally divested of the power . secondly , that he was his father in law. thirdly , he vvas a brave man , as appeares from that commendation david gives him after his death , that his bovv did never return empty ; fourthly , the braveness of davids spirit ; yet david vvanted not a purpose to have done it in battel , as vve may finde from these vvords , some one day or other he shall fall in battel . and it could be for no other end , that david did keep so many in armes vvith him ; for if he had looked upon him to have bin the just and lavvfull magistrate , it had bin usurpation and rebellion in him to have accepted of that right , vvhich the prophete had given him . and as for zedekiah , he did not so formally breake to the people , as he and they vvent alongst together in apostacy and defection from god , as is clear from that scripture , jerem. . ver . , , . vvhen the princes besought that jeremiah's life might be taken . then zedekiah the king sayd , behold , he is in your hand ; for the king is not he , that can do any thing against you ; and yet vve finde , that the lord declared him to have no right to reign , as in that scripture , ezek. . ver . , , . and thou profane , wicked prince of israel , whose day is come , when iniquity shall have an end , . thus sayeth the lord god , remove the diademe , and take off the crown , this shall not be the same , exalt him that is low , and abase him that is high . . i will overturn , overturn , overturn , and it shall be no more , till he come whose right it is , and i will give it him . as also vvhen they vvere delivered into the hands of nebuchadnezar , they vvere commanded to renounce all alleadgeance in zedekiah , and to take protection from nebuchadnezar , as prisoners of war , and so submit to him in all things lavvfull , as their magistrate , for a time ; untill god should deliver them out of his hand . haveing novv in some measure held forth and discovered vvhat it is that makes a just and lavvfull magistrate , and continues him such and thereby discovered , vvhat it is that makes a tyrant ; it remains novv to be spoken to , vvhether a people are obliedged to svveare and keep alleadgeance , and do the same duty to a tyrant ; that they are to a just and lavvfull magistrate . that it is the duty of a people to svveare , and keep alleadgeance to a just and lavvfull magistrate , is not in the least to be questioned ; for thereby a magistrate is in a capacity to do the duty of a just and lavvfull magistrate to his people , and vvithout it he is not : but to svveare alleadgeance to a tyrant , is most vvicked and sinfull . for just and lavvfull magistrates are ordinances of god , for his glory and the good of the people , as the true and reall ministers of god , for the peoples good , but tyrants and oppressours are only raised up by the lord , for judgements and plagues to a people , for their disobedience to god. for god never gave a right to tyrants and oppressours to govern his people , but ordained them for a peoples punishment , according to that povver , that the divell has ; for he has a povver , both to tempt to sin , and also the punish for sin ; although god has him allvvayes restrained as to both ; such is the povver of tyrants and oppressours ; for as they are plagues and judgements against these parts of the vvorld , vvhere they have povver , by robbing them of their rights and priviledges , so are they also by tempting people to sin against god ; to vvhich assertion the christian vvorld this day may give their vvitness ; as in brittain , ireland , france , and other parts of the vvorld , not only have they bin robbed of their rights and priviledges , but all manner of vvays used to make them sin against god. and as it is a great and rebellious sin against god to enter in any compact , or covenant vvith the divell , to mantain and keep up him in his vvicked povver , so it is the very same , to enter in any compact or covenant vvith tyrants , and oppressours to mantain and keep them up , in their vvicked povver ; for thereby satans kingdome is mantained and kept up ; vvhich i prove thus , such as do svveare to mantain and keep up those , vvho do mantain and keep up satans kingdome ; do svveare to mantain and keep up satans kingdome ; but such as do svveare to mantain and keep up tyrants and oppressours , do svveare to mantain and keep up those , vvho do mantain and keep up satans kingdome , ergo , they do svveare to mantain and keep up satans kingdome ; for as hell and divells are immediately opposite , and contradictory to heaven and those holy spirits , vvhich are there ; so tyranny and oppression ; tyrants , and oppressours are the same opposite and contradictory to the true ordinance and ministers of god here on earth , and it does most natively follovv , that vvhatever vvickedness they do commit , or innocent blood they shed ; their concurrance is not vvanting thereto ; and that they are guilty thereof ; vvhich i prove thus , such as do mantain and keep up a tyrant and an oppressour in a vvicked and tyrannicall povver , are guilty of all his vvickednesses , tyranny , and bloodshed , but such as do svveare alleadgeance to a tyrant , and an oppressour , are thereby obliedged to mantain and keep him up in that vvicked and tyrannicall povver , ergo , they are guilty of all his vvickedness , tyranny and bloodshed ; yea if it vvere in their povver by a good vvish , or prayer to god , or other indeavour to do good to the interest of god , thy can not give it , or do it ; for so long as they stand under that alleadgeance in the doing of any of these things they commit perjury . i knovv some do object , and say that vvicked magistrates , yea tyrants and oppressours are raised up by the lord as plagues and judgements against a people for their sines , and therefore they are obliedged patiently to bear the same from gods hand , vvithout useing any resistance vvhatsomever ; and accordingly to pray to god for those tyrants , that the government may be blessed to them . that they are raised up by the lord as plagues and judgements against a people for their sins , as also that a people are obliedged patiently to endure , and bear the same tovvards god , no vvays freteing at the dispensation of god therein , knovving it be the just , and reall effects and fruits of sin ; as also to pray for them , is not in the least to be questioned : but that a people should stupidly lye under the same , vvithout useing any indeavour to remove the same , is a most vvicked delusion : for certainly all people vvhatsomever are obliedged to use all means and indeavours vvhatsomever religious and morall to the removeing of plagues and judgements from a land , if it were even by prayers , teares and fastings ; yea ●●●e and sword . for as it is sin that brings them on , so it is sin that keeps them on ; and as it is a peoples duty most circumspectly , and with all diligence to gard against those sins , that may bring on plagues and judgements , so it is their duty to put away those sins , that does continue them , and use all indeavours to remove the same ; otherwayes they will be found guilty of as great rebellion against god by doing that , which keeps them on , as by doing that which brought them on , though it were no more but even in the very remisness of their duty . if any person through the excess of drunkeness should have so wasted and consumed his body , that nothing but death in a very short time were expected , and if an eminent physician should advise him to a more temperate and moderate life as the only certaine mean , whereby to recover his health and strength and to continue his dayes longer in the world ; if he should answere , that as by the excess of drunkenness he had brought on that punishment upon himself , and being convinced of it's being the native and proper effects of his sin , so he would indure the same patiently without useing any mean or indeavour to remove the same , and would still go on in his drunkeness praying to god to bless that unto him and make the same effectuall for his health and strength , would he not be accompted by all understanding and good men a fool and a mad man , and a destroyer of both soul and body . now when a people through their madness and folly have inlarged the power of kings beyond those due limites , that the word of god , and reason , yea and the lawes of the kingdome have set thereto , or if they by force and treachery have done the same , so that both god and the people are robbed of their right , and they become tyrants and oppressours ; if they should not only be remiss as to all indeavours whatsomever , whereby to extricate and deliver themselves from those plagues and judgements , but go on in that very course of sinning against god , by which they did bring them on , praying to god for the long reign and prosperity of those tyrants and oppressours , and that the government might be blessed unto them , could they be accompted any thing else then fools , and mad men ; rebelles and enemies to god and his ordinance , yea betrayers and destroyers of their own rights , liberties , peace , good and prosperity in the world ; for if there were a company of thieves and murtherers , who by their cunning and force were most dexterous , and active in robbing , and murthering upon all occasions , and if the people should pray only to convince them of their sin and reclame them from the same without haveing the leastdesire to god , that they might be apprehended , and justice execute upon them , that so god might be glorifyed , and those plagues and judgements removed from a land ; certainely these would be but very lame prayers : but if these thieves and murtherers upon some great designe of their own , and for the advancement of their own interest , should for a time shew great mercy and favour , and if the people then should pray that they might live long and prosper , and that , that dominireing and tyrannicall power of theirs might be blessed to them , certainly this would be great rebellion against god , their own rights and liberties : and there is nothing more certain then , that tyrants and oppressours are the greatest thieves and murtherers in the world ; for where common and ordinary thieves do rob and murther their tens , or twentyes , they do rob and murther their thousands , and millions ; for whole kingdoms and nations do thus suffer by them , and though it be lawfull , and duty to pray , that god would convince and reclame such , and that with mercy to their souls , yet this must never be wanting , that god would bring down those thrones of iniquity , and cause justice overtake those tyrants and oppressours , that god may be glorifyed and the land delivered from such plagues , and judgements : and as it is the duty of every true christian , so often as he minds the interest of his own soul , not to forget the interest of god , but to pray that gods kingdome may come , and his will be done in earth as it is in heaven ; and that all stopes and letes may be taken out of the way of his kingdome and glory ; and in a speciall manner tyrants and oppressours , those stoopes and pillars of that antichristian and satanicall kingdome in the world may be brought down , and levelled with the dust ; so it is the absolute duty of all christians , to do it with hearts fully purposed and determined to serve god in this very matter , and to this very end ; and to pray that god would give them occasion thus to evidence their love , zeal , and faithfullness for him ; that so they may not be reckoned amongst those cursed and useless creatures for god in their generation , and such , whose hearts are not thus determined will be so far from being found to answere the design and end of the second article of our lords prayer , that they will be found but mockeres and dissemblers of god. now that all true christians may thus pray and do , is the earnest desire of him , who desires and hopes to be and continue a true lover of god , his interest , and all such as are the true lovers thereof in the world . finis . cottoni posthuma divers choice pieces of that renowned antiquary, sir robert cotton, knight and baronet, preserved from the injury of time, and exposed to publick light, for the benefit of posterity / by j.h., esq. selections. cotton, robert, sir, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; 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(eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) cottoni posthuma divers choice pieces of that renowned antiquary, sir robert cotton, knight and baronet, preserved from the injury of time, and exposed to publick light, for the benefit of posterity / by j.h., esq. selections. cotton, robert, sir, - . howell, james, ?- . [ ], p. printed for richard lowndes ..., and matthew gilliflower ..., london : . dedication signed: james howell. consists of pieces, each (except the first) have special t.p. 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ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng catholic church -- england. ambassadors. prerogative, royal -- england. wager of battle. great britain -- politics and government -- - . - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion cottoni posthuma : divers choice pieces of that renowned antiquary sir robert cotton , knight and baronet , preserved from the injury of time , and exposed to publick light , for the benefit of posterity . by j. h. esq london , printed for richard lowndes at the white lion in duck lane , near smith-field , and matthew gilliflower at the sun in westminster-hall , . to his worthily honoured friend , sir robert pye knight , at his house in westminster . sir , the long interest of friendship , and nearness of neighbourhood , which gave you the opportunity of conversing often with that worthy baronet , who was author of these ensuing discourses , induced me to this dedicatory address . among the greeks and romans ( who were the two luminaries that first diffused the rayes of knowledge and civility through these north-west clymes , ) he was put in the rank of the best sorts of patriots , who preserv'd from putrefaction and the rust of time , the memory and works of vertuous men , by exposing them to open light for the generall good ; therefore i hope not to deserve ill of my country , that i have published to the world these choice notions of that learned knight sir robert cotton , who for his exact recerchez into antiquity , hath made himself famous to posterity . plutarch in writing the lives of others , made his own everlasting ; so an antiquary while he feels the pulse of former ages , and makes them known to the present , renders himself long-liv'd to the future . there was another inducement that mov'd me to this choice of dedication , and it was the high respects i owe you upon sundry obligations , and consequently the desire i had that both the present , and after times might bear witness , how much i am , and was sir , . nonas april . . your humble , and truly devoted servant . james howell . to the knowing reader , touching these following discourses , and their author . the memory of some men is like the rose , and other odoriferous flowers , which cast a sweeter and stronger smell after they are pluck'd ; the memory of others may be said to be like the poppie , and such vegetalls that make a gay and specious shew while they stand upon the stalk , but being cut and gather'd they have but an ill-favour'd scent ; this worthy knight may be compared to the first sort , as well for the sweet odor ( of a good name ) he had while he stood , as also after he was cut down by the common stroke of mortality ; now , to augment the fragrancy of his vertues and memory , these following discourses , which i may term , not altogether improperly , a posie of sundry differing howers , are expos'd to the world. all who ever knew this well-weighed knight , will confess ▪ [ what a great z●l●t he was to his countrey , how in all parliaments , where he fervid so often , his main endeavours were to assert the publick liberty , and that prerogative and priviledge might run in their due channels ; he would often say , that he himself had the least share in himself , but his countrey and his friends had the greatest interest in him : he might be said to be in a perpetual pursuit after vertue and knowledge ; he was indefatigable in the search and re-search of antiquity , and that in a generous costly manner , as appears in his archives and copious library ; therefore he may well deserve to be ranked among those worthies — quorum imagines lambunt hederae sequaces ; for an antiquary is not unfitly compar'd to the ivie , who useth to cling unto ancient fabriques and vegetals . in these discourses you have . a relation of proceedings against ambassadors who have miscarried themselves , and exceeded their commission . . that the kings of england have been pleased to consult with their peers in parliament for marriage of their children , and touching peace and war , &c. . that the soveraigns person is required in parliament in all consultations and conclusions . . a discourse of the legality of combats , duells , or camp-fight . . touching the question of precedency between england and spain . . touching the alliances and amity which have interven'd betwixt the houses of austria and england . . a discourse touching popish recusants , jesuits and seminaries . . the manner and means how the kings of england have supported and improv'd their states . . an answer to certain arguments urg'd by a member of the house of commons , and raised from supposed antiquity , to prove that ecclesiastical laws ought to be enacted by temporal men . . the arguments produc'd by the house of commons concerning the priviledge of every free-born subject . . a speech delivered in the house of commons assembled at oxford in the sirst year year of the last king. . a speech delivered before the councell table , touching the alteration of coyn. . valour anatomized in a fancy , by sir philip sidney . . a brief discourse concerning the power of the peers and commons of parliament , in point of judicature . . honesty , ambition and fortitude anatomized , by sir francis walsingham . . the life and raign of henry the third , complied in a criticall way . these discourses , being judiciously read , will much tend to the enriching of the understanding , and improvement of the common stock of knowledge . a relation of the proceedings against ambassadors who have miscarried themselves , &c. in humble obedience to your grace's command , i am emboldened to present my poor advice to this the greatest , and most important cause that ever happened in this state , the quiet of the kingdom , the honour of the prince , the safety of the spanish ambassadors person exposed hereby to the fury of the people , all herein involved : a consideration not the least for the reputation of the state , and government , though he little deserved it . the information made to his sacred majesty by him , that your grace should have plotted this parliament ; wherein if his majesty did not accord to your designs , then by the authority of this parliament to confine his sacred person to some place of pleasure , and transfer the regal power upon the prince : this information if it were made by a subject , by the laws of the realm were high treason , to breed a rupture between the soveraignty and the nobility , either by reports or writings , and by the common law is adjudged no less : the author yet knowing that by the representing the person of a soverain prince he is by the law of nations exempt from regal tryal , all actions of one so qualified being made the act of his master , until he disavow : and injuries of one absolute prince to another , is factum hostilitatis , and not treason . the immunity of whom civilians collect as they do the rest of their grounds from the practice of the roman state , deducing their arguments from these examples . the fabii ambassadors from rome were turned safe from the chades with demand of justice against them onely , although they had been taken bearing arms with the ethrurian their enemies : the ambassadors of the tarquines , morte affligendos romani non judicârunt , & quanqnam visi sunt ut hostium loco essent , justamen gentium voluit . and where those of syphax had plotted the murder of masinissa , non aliud mihi factum quàm quod sceleris sui reprehensi essent , saith appian : the ambassadors of the protestants at the counsell of trent , though divulging there the doctrine of the churches , contrary to a decree there enacted , a crime equivalent to treason , yet stood they protected from any punishment : so much doth public conveniency prevail against a particular mischief ; that the state of rome though in case of the most capital crime , exempted the tribunes of the people from question , during the year of office : and the civilians all consent , that legis de jure gentium indictum est & eorum corpora salva sint , propter necessitatem legationis , ac ne confundant jura comercii inter principes , the redress of such injuries , by such persons , the example of modern and best times will lead us to . vivia the popes legate was restrained by henry the second , for exercising a power in his realm , not admitted by the king , in disquiet of the state , and forced to swear not to act any thing in praejudicium regis vel regni . hen. . did the like to one of the popes ambassadors ; another flying the realm secretly , fearing , timens pelli sui , as the record saith . edward . so restraining another until he had , as his progenitors had , informed the pope of the fault of his minister , and received satisfaction of the wrongs . in the year . lewis de pratt : ambassador for charles . was commanded to his house , for accusing falsly cardinal wolsey to have practised a breach between hen. . and his master , to make up the amity with the french king ; sir michael throgmorton by charles the . of france , was so served , for being too busie with the prince of condy in his faction . doctor man in the year . was taken from his own house in madriil , and put under a guard to a straiter lodging , for breeding a scandal ( as the conde teri said ) in using by warrant of his place , the religion of his country , although he alledged the like permitted to ghusman de silva their ambassador , and to the turk no less then in spain . in the year . don ghuernon d' espes vvas ordered to keep his house in london , for sending scandalous letters to the duke d' alva unsealed . the bishop of rosse in the year . vvas first confined to his house , after to the tower , then committed for a good space to the bishop of ely his care , for medling with more business then belonged to the place of his imployment : the like was done to dr. alpin and malvisett the french ambassadors successively , for being busie in more then their masters affairs . in the time of philip the second of spain , the venetian ambassador in madrill , protecting an offendor that fled into his house , and denying the heads or justices to enter his house , vvhere the ambassador stood armed to vvithstand them , and one bodavario a venetian , whom they committed to prison , for his unruly carriage , and they removed the ambassador unto another house , until they had searched and found the offendor : then conducting back the ambassador , set a guard upon his house , to stay the fury of the people enraged . the ambassador complaining to the king , he remitted it to the supreme councel ; they justified the proceeding , condemning bodavario to lose his head , and other the ambassadors servants to the galleys , all vvhich the king turned to banishment , sending the whole process to inego de mendoza his ambassador at venice , and declaring by a publick ordinance unto that state , and all other princes , that in case his ambassadors should commit any offence , nnworthily , and disagreeing to their professions , they should not then enjoy the privilege of those officers , referring them to be judged by them vvhere they then resided . barnardino de mendoza , for traducing falsly the ministers of the state to further his seditious plots , vvas restrained first , and after commanded away in the year . the last of spanish instruments that disquieted this state , a benefit vve found many years after by their absence , and feel the vvant of it now by their reduction . having thus shortly touched upon such precedent examples , as have fallen in the vvay , in my poor observation , i humbly crave pardon to offer up my simple opinion what course may best be had of prosecution of this urgent cause . i conceive it not unfit , that vvith the best of speed , some of the chief secretarries vvere sent to the ambassador by vvay of advice , that they understanding a notice of this information amongst the common people , that they cannot but conceive a just fear of uncivil carriage towards his lordship or his followers , if any the least incitement should arise ; and therefore for quiet of the state , and security of his person , they vvere bound in love to his lordship to restrain as vvell himself as followers until a further course be taken by legal examination , vvhere this aspertion begun , the vvay they onely conceived secure to prevent the danger ; this fear in likelyhood vvill be the best motive to induce the ambassador to make discovery of his intelligence , when it shall be required : i conceive it then most fit , that the prince and your grace to morrow should complain of this in parliament , and leaving it so to their advice and justice , to depart the house , the lords at the instant to crave a conference of some small number of the commons , and so conclude of a message to be sent to the ambassador to require from him the charge and proofs ; the persons to be sent , the two speakers of the two houses , vvith some convenient company of either , to have their maces and ensigns of office born brfore them to the ambassadors gate , and then forborn , to shew fair respect to the ambassadors , then to tell them that a relation being made that day in open parliament of the former information to the king by his lordship , they vvere deputed from both houses , the great councel of the kingdom , to the vvhich , by the fundamental law of the state , the chief care of the kings safety and public quiet is committed , they vvere no less the high court of justice , or supersedeas to all others , for the examining and correcting all attempts of so high a nature as this , if it carry truth ; that they regarded the honour of the state , for the catholicks immoderate using of late the lenity of soveraign grace to the scandal and offence of too many , and this aspersion now newly reflecting upon the prince and others , meeting vvth the former distaste ( which all in publique conceive to make a plot to breed a rupture between the king and state , by that party maliciously layd ) hath so inflamed and sharpned the minds of most , that by the access of people to term and parliament , the city more filled then usual , and the time it selfe neer may day ( a time by custom apted more to licentious liberty then any other ) cannot but breed a just jealousie and fear of some disorder likely to ensue of this information , if it be not aforehand taken up by a fair legal tryal in that high court : neither want there fearful examples in this kind in the ambassadors genoa upon a far less ground in the time of parliament , and is house demolished by such a seditious tumult : the parliament therefore , as well to secure his lordships person , followers and friends , from such outrages , to preserve the honour of the state , which needs must suffer blemish in such misfortunes , they were sent thither to require a fair discovery of the ground that led his lordship so to inform the king , that they might so thereupon provide in justice and honor , and that the reverence they bear unto the dignity of his master , may appear the more by the mannerly carriage of his message . the two that are never imployed but to the king alone , were at this time sent , and that if by negligence of this fair acceptance , there should happen out any such disaster and danger , the world and they must justly judge as his own fault : if upon the delivery of this message the ambassador shall tell his charge , and discover his intelligence , then there will be a plaine ground for the parliament to proceed in examination and judgment ; but if ( as i believe ) he will refuse it , then is he author scandali both by the common and civil laws of this realm , and the parliament may adjudge it false and untrue , and declare by a public act , the prince and your grace innocent , as was that of the duke of gloucester , rich. . and of york in henry the sixth his time , then may the parliament joyntly become petitioners to his majesty , first to confine his ambasiador to his house , restraining his departure , until his majesty be acquainted with his offence , and aswell for security as for further practice to put a guard upon the place , and to make a proclamation that none of the kings subjects shall repair to his house without express leave : and to send withal a letter , with all speed , of complaint against him to the king of spaine , together with a declaration under the seals of all the nobility and speaker of the commons in their names as was hen. . to the pope against his legat , and edw. . requiring such justice to be done in this case , as by the leagues of amity , and law of nations is usual , which if the king of spain refuse , or delay , then it it transactio criminis upon himself , and an absolution of all amity and friendly intelligence , and amounts to no less then a war denounced . thus have i by your leave , and command , delivered my poor opinion , and ever will be ready to do your grace the best service , when you please to command it . that the kings of england have been pleased usually to consult with their peers in the great councel , and commons in parliament , of marriage , peace , and war. written by sir robert cotton , knight and baronet , anno . london , printed in the year . that the kings of england have been pleased usually to consult with their peers in the great council , &c. to search so high as the norman conquest , it is necessary to lay down the form and government of those times , wherein the state of affairs then lead in another form of publick councels ; for the people brought under by the sword of william , and his followers to subjected vassallage , could not possess in such assemblies the right of their former liberties , division and power having mastered them , and none of their old nobility being left either of credit or fortune , what he retained not in providence as the demesnes of the crown , or reserved not in piety for the maintenance of the church , he parted to those strangers that sailed along with him in the bark of his adventure , leaving the natives ( for the most part ) as appeareth by his survey in no better condition then villenage ; he moulded their customs to the manner of his own country , and forbore to grant the laws of the holy edward so often called for . to supply his occasions of men , mony , or provisions , he ordered that all those that enjoyed any fruit of his conquest , should hold their lands proportionably by so many knights fees of the crown , and admitted them to infeoff their followers , with such part as they pleased of their own portions , which to ease their charge they did in his and his sons time , by two infeoffments , the one de novo , the other de veteri ; this course provided him the body of his war , the money and provision was by hydage assessed on the common people ; at the consent of their lords , who held in all their signiories such right of regality , that to their vassals ( as paris saith ) quot domini tot tyranni , and proved to the king so great a curb and restraint of power , that nothing fell into the care of majesty after , more then to retrench the force of this aristocracy that was like in time to strangle the monarchy . though others foresaw the mischief betimes , yet none attempted the remedy , until king john , whose over hasty undertakings , brought in those broyls of the barons wars . there needed not before this care to advise with the commons in any publick assemblies , when every man in england by tenure held himself to his great lords will , whose presence was ever required in those great councels ; and in whose assent his dependent tenants consent was ever included . before this kings time then , we seek in vain for any councel called , he first as may be gathered ( though darkly by the record ) used their counsels and assents in the sixth year of his raign . here is the first summons in records to the peers or barons , tractaturi de magnis , & arduis negotiis , it was about a war of defence against the french ; and that the commons were admitted at this time , may be fitly gathered by this ordinance , viz. provisum est assensu archiepiscoporum , comitum , baronum , & omnium fidelium nostrorum angliae , quod novem militis per angliam inveniend . decimarum , &c. and this was directed to all the sheriffs in england , the ancient use in publishing laws : from this there is a breach until the hen. . where the next summons extant is in a plea roll of that year , but the ordinances are lost : from hence the records afford us no light until the of the same king , where then the forme of summons to bishops , lords , knights , and burgesses , are much in manner though not in matter to those of our times . this parliament was called to advise with the king pro pace assecuranda & firmanda , they are the words of the writ , and where advice is required , consutation must needs be admitted . to this king succeeded edward his son , a wise , a just , and fortunate prince , his raign , and so long to the fourth of his grandchild , we have no light of publick councels in this kind , but what we borrow in the rolls of summons , wherein the form stood various according to the occasions , until it grew constant in the form it is now , about the entrance of rich. . the journal rolls being spoiled , by the injury of times or private ends . this king in the fifth of his raign called a parliament , and therein advised with his lords and commons for suppressing of llewellen prince of wales , and hearing that the french king intended to invade some pieces of his inheritance in france , he summoned a parliament , ad tractand . ordinand . & faciend . cum praelatis proceribus & aliis incolis regni quibuslibet hujusmodi periculis & excogitatis malis sit objurand . inserting in the writ that it was lex justissima , provida circumspectione stablita : that quod omnes tangit ab omnibus approbetur . in . super ordinatione & stabilimento regis scotiae , he made the like convention . his son the second edward , pro solennitate sponsalium & coronationis , consulted with his people in his first year , in his sixth year , super diversis negotiis statum regni & expeditionem guerrae scotiae specialiter tangentibus , he assembled the state to advise ; the like he did in the eighth . the french king having invaded gascoin in the thirteenth year the parliament was called , super arduis negotiis statum , gasconiae tangentibus . and in . to consult ad refraenand . scotorum obstinentiam & militiam . before that edward the . in his first year would resolve whether peace or war with the scotish king , he summoned the peers and commons , super praemissis tractare & consilium impendere . the chancellor in anno quinto declareth from the king the cause of that assembly , and that it was to consult and resolve , whether the king should proceed with france for recovery of his signiories , by alliance of marriage , or by war ? and whether to suppress the disobedience of the irish , he should pass thither in person or no ? the year following he re-assembleth his lords and commons , and requireth their advice , whether he should undertake the holy expedition with the french king that year , or no ? the bishops and proctors of the clergy would not be present , as forbidden by the canons such councels , the peers and commons consult , applauding the religious and princely forwardness of their sovereign to this holy enterprize , but humbly advise a forbearance this year for urgent occasions . the same year , though at another sessions , the king demanded the advice of his people , whether he should pass into france to an enterview as was desired for the exepediting the treaty of marriage : the prelates by themselves , the earls and barons by themselves , and the knights of the shires by themselves , consulted apart , for so is the record ; and in the end resolved , that to prevent some dangers likely to arise from the north , it would please the king to forbear his journey , and to draw towards those parts where the perils were feared , his presence being the best prevention ; which advice he followed . in the following parliament at york the king sheweth how by their former advice he had drawn himself towards the north parts , and now again had assembled them to advise further for his proceedings , to which the lords and commons having consulted apart , pray further time to resolve , until a full assembly of the state , to which the king granting , adjourneth that sessions . at the next meeting , they are charged upon their allegiance and faith , to give the king their best advice ; the peers and commons consulting apart , deliver their opinions , and so the parliament ended in the . year the grands and commons are called to consult and advise how the domestick quiet may be preserred , the marches of scotland defended , and the sea secured from forrein enemies ; the peers and cammons having apart consulted , the commons after their desire not to be charged to counsel in things des quenx ils mont pas cognizance , answer , that the guardians of the shires , assisted by the knights , may effect the first , if pardons of felony be not granted . the care of the marches they humbly leave to the king and his counsel , and for the safeguard of the seas , they wish that the cinque ports , & marine towns , discharged for the most part from the main burthens of the in-land parts , may have that left to their charge and care , and that such as have lands neer the coasts be commanded to reside on those possessions . the parliament is the same year reassembled avisamento praelatorum , procerum , necnon communitatis , to advise de expeditione guerrae in partibus transmarinis , at this , ordinances are made for provision of ships , arraying of men for the marches , and defence of the isle of jersey , naming such in the record , as they conceive fit for the imployment . the next year de la pool accompteth in parliament the expences of the wars , a new aid is granted , and by several committees in which divers are named that were no peers of parliament , the safeguard of the seas , and defence of the borders are consulted of . in the year , de assensu praelatorum procerum & aliorum de consilio , the kings passage into france is resolved of . anno . badlesmere , instead of the councel declareth to the peers and commons , that whereas by their assents the king had undertaken the wars in france , and that by mediation of the pope a truce was offered , which then their soveraign forbore to entertain without their well allowance ; the lords consult apart , and so the commons returning by sir william trussel an answer , their advice and desire is to compose the quarrel , approve the truce , and the popes mediation . the popes undertaking proving fruitless , and delays to the french advantage , who in the mean space allied with scotland and others , practized to root out the english nation in france : this king again assembled the year following , in which the peers and commons after many days meditation , resolve to end it either by battel or peace , and no more to trust upon the mediation or message of his holiness . in the year , the chief justice thorpe declaring to the peers and commons that the french wars began by their advice first , the true after by their assents accepted , and now ended , the kings pleasure was to have their counsels in the prosecution , the commons being commanded , que ils se deveroyent trait ensemble & se quils ensenteroient monstrer au roy & aux gravitur de son consilio , who after four days consulting , humbly desire the king to be advised by his lords and others , more experienced then themselves in such affairs . to advise the king the best for his french imployments a parliament was summoned anno . herein the king for a more quick dispatch willeth the commons to elect . or . of their house to consult with the lords , these to relate to their fellows , and the conclusion general by the lords to the king. in the a great counsel is assembled , many of the lay peers , few of the clergy , and of the shires and burroughs but one a peece . this was for the prosecution of the french wars , when honorable peace could not be gotten ; but the year following a truce offered , the king forbore to entertain , until he had the consent of the peers and commons , which they in parliament accorded unto before the popes notary , by publick instrument . the dallying of the french king in conclusion of peace , and the falling off of the duke of brittany , having wrought his end with france by reputation of the english succour , is the year following declared in parliament , and their advice and aid required for the kings proceeding . in the . year he calleth a parliament to consult whether war or peace by david king of scots then offered , should be accepted ? in the . the pope demanding the tribute of king john , the parliament assembled , where after consultation apart , the prelats , lords , and commons advise the denyal , although it be by the dint of sword. in . the king declares to the peers and commons , that the french against the articles of the truce , refused payment of the moneys , and delivery of the towns , summoning la brett , and others the kings subjects in gascony to make at paris their appeals , and had forraged his of bontion , requiring , whether on their breach he might not again resume the stile and arms of france . the lords and commons had apart consulted , they advised the king to both , which he approving , altered the inscription and figure of his seal . two years after it was declared to the peers and commons , that by their advice he had again resumed the stile and quarrel of france , and therefore called their advice for the defence of the realm against the french , securing of the seas , and pursuing of the warre , of which they consult , and resolve to give the king an aid ; the like of councel and supply was the year succeeding . in the a parliament to the purposes of the other two was summoned ; and the year following the king in parliament declaring how the french combined underhand against him with spain and scotland , required their advice , how peace at home , the territories abroad , security of the sea , and charge of the war might be maintained . i have the longer insisted in observing the carriage of these times , so good and glorious , after ages having not left the journal entries of parliament so full , which with a lighter hand i will pass through . richard , his grand child succeeded to the crown , and troubles , having nothing worthy his great fortunes , but his great birth ; the first of his raign he pursued the steps of his wise grandfather , advising with peers and commons how best to resist his enemies , that had lately wronged many of his subjects upon the sea coasts . in the second year he again consulted with his people , how to withstand the scots , who then had combined with the french to break the truce . in the third he called the advice of parliament , how to maintain his regality , impaired by the popes provision , how to resist spain , france and scotland , that had raised wars against him , how to suppress his rebells in guyen and ireland , and how to defend the seas . the like in the fourth year following at winsor ; the year succeeding at a great councel , the king having proposed a voyage royal into france , now called the parliament to determine further of it , and it is worthy observation , for the most before any proposition of war or peace were vented to the commons , a debate thereof proceeded in the great councel to stay it fitter to popular advice . the quarrel of spain continuing , the duke of lancaster offered a voyage against them , so that the state would lend him money , after consultation they granted aid , but not to bind them to any continuance of wars with spain . in the sixth the parliament was called , to consult about defence of the borders , the kings possessions beyond sea , ireland and gascoyne , his subjects in portugall , and safe keeping of the seas ; and whether the king should proceed by treaty of alliance , or the duke of lancaster by force ; for the conquest of portuguall , the lords approve the dukes intention for portuguall , and the commons advise , that thomas bishop of norwich , having the popes croiceris should invade france . the same year the state was re-assembled to consult , whether the king should go in person to rescue gaunt , or send his army ; the commons after two dayes debate crave a conference with the lords , the effect is not entered in the roll , only they bid sir thomas puckering their speaker protest , that counsells for war did aptly belong to the king and his lords ; yet since the commons were commanded to give their advice , they humbly wished a voyage royal by the king ; if not , that the bishop of norwich ought with the advantage of the popes croiceris be used in that service , who accepted the charge with ill success ; he further for the commons prayed , that the kings unkle should not be spared out of the realm , before some peace be setled with the scots , and that the lord de la sparre sent with propositions from spain , may first be heard . the chancellor in the seventh year in the name of the king willeth the lords apart , and so the commons , to consult whether peace or war with scotland , or whether to resist or assail the kings adventure with spain , france , or flanders . their opinion is not entered in the rolls ( an omission usual by the clarks neglect ) only their petition is recorded , that the bishop of norwich may accompt in parliament the expence of the monies , and be punished for his faults in the service he undertook , both which are granted . at the next sessions the same year the commons are willed to advise upon view of articles of peace with the french , whether war , or such a unity should be accepted ; they modestly excused themselves as too weak to consult in such weighty affairs ; but being charged again as they did tender the honour , and right of the king , they make this answer , quils intendent que ancunes serm●s & terres que mesme lour leeige auroit ●it pur cest accord in guien si serront tenns dobt roy francois par homage & service mars ne persont uny que lour dit leeige voiroit assenter trope legierement de temer dicens francois pertiel service la villa de callis & aultres terres conquises des francoise per lespreneve verroit la comen ense faest fait si autrement lour perroit bien faire , giving their opinions rather for peace than war ; peace with france not succeeding the eighth year , the body of the state was willed to advise , whether the king in his own person , or by sending of forces against the french , spain , flanders and scotland , should proceed . this king having assembled at oxon his great counsel to advise whether he should pass the seas or no , with an army royal , and they not daring to assent without greater counsel . a parliament the tenth year to have the advice of the commons , as well as of the lords was called , and how the realm should be governed in their sovereign his absence . the truce with france was now expired , the parliament was called in the th to advise upon what conditions it should be renewed , or otherwise how the charge of the war should be susteined ; at this assembly , and by consent of all , the duke of lancaster is created duke of aquitaine , the statute of provisions now past . the commons a party in the letter to the pope . the year succeeding a parliament is called , for the king would have advice with the lords and commons for the war with scotland , and would not without their counsels conclude a final peace with france . the like assembly for the same causes was the year ensuing , the commons interesting the king to use a moderation in the law of provisions , to please at this time their holy father , so that the statute upon their dislike may again be executed ; and that to negotiate the peace with france the duke of aquitaine may rather than another be imployed . to consult of the treaty with france for peace , the king in the seventeenth calleth a parliament ( the answer of the lords is left unentred in the roll ) the commons upon their faith and allegiance charged , advised that with good moderation homage may be made , for guien an appenage of the french croine so it trench not to involve the other pieces of the english conquest , their answer is large , modest and worthy to be marked . now succeedeth a man , that first studied a popular party , as needing all to support his titles . he in the fifth year calleth a parliament to repress the malice of the duke of orleance , and to advise of the wars in ireland and scotland ( neither counsels or supplies are entred in the roll ) and to resist an invasion intended by france and brittain , he assembleth the state again , the like was the second year following for france . in this the commons confer with , for guard of the sea , and make many ordinances , to which the king assenteth , the peace with the merchants of bruce and foins is debated , and a proclamation published , as they resolved ; by the speaker the commons complain of pieces of importance lost in guien the year before , need of the defence of the borders , and sea coasts , to suppress the rebellion in wales , and disloyalty of the earl of northumberland ; they humbly desire , that the prince may be dispatched into those parts with speed , and that the castle of manlion the key of the three realms might be left to the care of the english , and not to charls of navarre a stranger , and to have a vigilant eye of the scotish prisoners . in the tenth the parliament is commanded to give their advice about the truce with scotland , and preparation against the malice of the french , his son , the wife and happy undertaker , advised with the parliament in the first year , how , to cherish his allies , and restrain his enemies ; for this there was a secret committee of the commons appointed to conferr with the lords , the matter being entred into a schedule touching ireland , wales , scotland , callis , gunien , shipping , guard of the seas , and war , provision to repulse the enemies . in the second he openeth to the parliament his title to france , a quarrel he would prosecute to death . if they allowed and ayded , death is in his assembly enacted to all that break the truce , or the kings safe conduct . the year following peace being offered by the french king , and the king of the romans arrived to effect the work , the king refuseth any conclusion until he had thereunto advice and assent of the lords and commons , for which occasion the chancellor declareth that assembly . in the fourth and fifth , no peace being concluded with france , he calleth the state together to consult about the warr , concluding a treaty of amity with sigismund king of the romans by allowance of the three estates , and entred articles into the journal rols . the same year , by the duke of bedford . in the kings absence a parliament was called , to the former purposes , as appeareth by the summons , though in the roll omitted , the like in the seventh . the treaty with france is by the prelates , nobles , and commons of the kingdom perused and ratified in the . of his raign . his son more holy then happy succeeded , adviseth him the second year with the lords and commons , for the well keeping the peace with france ; consulteth with them about the delivery of the scottish king , and the conclusion of it is confirmed by common assent . and in the third year they are called to advise and consent to a new article in the league with scotland , for change of hostages . and in the ninth conclude certain persons by name to treat a peace with the dolphin of france . the treaty at arras , whither the pope had sent as mediators two cardinals , not succeeding . the king in parliament , anno . sheweth he must either lose his title , stile , and kingdom of france , or else defend it by force , the best means for the prevention thereof he willeth them to advise him . he summoneth again the next year the state , to consult how the realm might be best defended , and the sea safe kept against his enemies . in the twentieth the commons exhibite a bill for the guard of the sea , ascertain the number of ships , assess wages , and dispose prizes of any fortune , to which the king accordeth , and that the genoways may be declared enemies for assisting the turks in the spoyl of the rhode knights , and that the privileges of the pruce and hans towns merchants may be suspended , till compensation be made to the english for the , wrongs they have done them , to which the king in part accordeth . the king by the chancellor declareth in parliament anno . that the marriage with margaret the king of sicils daughter was contracted for enducing the peace made with france , against which the lords , as not by their advice effected , make protestation , and enter it on the roll. in the . the king intended to pass in person into franch , and there to treat a peace with the king , adviseth with the lords and commons in parliament , and letters of mart are granted against the brittains , for spoyle done to the english merchants . the lord hastings , and abbot of gloucester declare in parliament anno . the preparation of the french , the breach by them of the peace , the weak defence of normandy , and the expiration shortly of the truce , requiring speedy advice and remedy . in the . it was enjoined by parliament , to provide for defence of the sea and land against the french. it was commanded by the king to the states assembled , anno . to advise for well ordering of his house , payment of the soldiers at callis , guard of the sea , raising of the siege of barwicke made by the scots against the truce , dispoiling of the number of soldiers , arrayed the last parliament , according of differences amongst the lords , restraining transportation of gold and silver , and acquitting the disorders in wales ; of all which , committees are appointed to frame bills . edward the fourth by the chancellor declareth in his seventh year to the lords and commons , that having made peace with scotland , entred league with spaine and denmark , contracted with burgundy and britany for their ayd in the recovery of his right in france , he had now called them to give their counsels in proceeding , which charge in a second sessions was again proposed unto them . the like was to another parliament in his twelfth year . after this time their journalls of parliament have not been well preserved , or not carefully entred , for i can find of this nature no record , untill the first of hen. . wherein the commons , by thomas lovell their speaker , petition the king to take to wife elizabeth daughter to edw. . to which the king at their request agreeth . the next is the third of hen. the . in which from the king the chancellor declareth to the three estates the cause of that assembly : the first to devise a course to resist the invasion of the scots , next how to acquit the quarrel between the king of castile , and the duke of geldres his allie ; lastly for assisting the pope against lewis king of france , whose bull expressing the injuries done the sea apostolick , was read by the master of the rolls in open parliament ; the chancellor , the treasurer , and other lords sent down to the commons to confer with them . the last in the d of the same year , where the chancellor remembring the many troubles the state had undergone , in doubtful titles of succession , declareth , that although the convocation had judged void the marriage of anne of cleve , yet the king would not proceed , without the counsel of the three estates : the two archbishops are sent to the commons with the sentence sealed , which read , and there discussed , they pass a bill against the marriage . in all these passages of publick counsells , wherein i have been much assisted by the painful labour of mr. elsings , clerk of the parliament , and still observe , that the soveraign lord , either in best advice , or in most necessities , would entertain the commons with the weightiest causes , either forrain or domestique , to apt and bind them so to readiness of charge , and they as warily avoyding it to eschew expence ; their modest answers may be a rule for ignorant liberty to form their duties , and humbly to entertain such weighty counsells at their soveraigns pleasure , and not to the wild fancy of any factious spirit . i will add one forrain example to shew what use have been formerly made by pretending marriages , and of parliaments to dissolve them , their first end served . maximilian the emperour , and ferdinand of spain , the one to secure his possessions in italy , the other to gain the kingdom of navarre , ( to both which the french king stood in the way ) projected a marriage of charls their grand-child , with mary the king of englands sister , it was embraced , and a book published of the benefits likely to ensue the christian world by this match , upon this ground , ferdinando beginneth to incite henry the th to war with france , presents him with succours , and designs him guien to be the mark , and dorset sent with men and munition to joyn with the spanish forces then on the borders of navarre , the noise is they came to assist ferdinand in the conquest of that kingdom , which though false , gained such reputation , that albred was disheartned , and ferdinand possesed himself of that his successors since retained , his end served , the english army weak and weather-beaten , are returned fruitless . maximilian then allureth the young and active king to begin with france on the other side , turwin and turney is now the object , whither henry goeth with victory , but better advised ( with that pittance ) makes an end by peace with france , whose aim and heart was set on millain . a new bait the old emperour findeth out to catch the ambitious young man , he would needs resign unto him the empire , too heavy for his age to bear : the cardinal sedunensis is sent over to sign the agreement , which he did ; and france must now again be made an enemy : to prevent this danger francis released his title to naples , and offereth laogitia his daughter to maximilians granchild charls , at noyon this is acted in the dark , and at arno the french commissioners came up the back stairs with florins , and they engrossed covenants , when the abused king of englands ambassador pace , went down the other ; the good cardinal returneth home , meeteth by the way this foul play of his master , and writ to the king of england , not in excuse , but in complaint , contra perfidiam principum , an honest letter . ferdinand and maximilian dead , francis and charls are competitors for the empire . henry the th is courted for his help by both ; the one with the tye of alliance ( for the infant dolphin had affyed henry the ths daughter ) the other with the like , and daughter , he will make his daughter a queen in praesente , which the dolphin cannot do , and by his favour an empress . to further france was but to win ambition to prey upon all his neighbours . the english king is won , and winneth for spain the imperial wreath , which charls in two letters i have of his own hand then thankfully confessed . from aquisgrave he cometh crowned in haste to england , wedded at windsor the kings daughter , contracteth to joyn in an invasion of france , to divide it with his father in law , by the river of rodon , and sweareth at the altar in pauls to keep faith in all . bourbon is wrought from france , and entreth the province with an army , paid with king henries money ; suffolke passeth with the english forces by picardy : but charles the emperour , who should have entred guyen-faileth , drawing away burbon from a streight siege marseilles , to interrupt francis then entred italy , and so the enterprize of france is defeated , the french king as it pavie taken prisoner by pescaro , led to grone , hurried into spain by the emperours galleys , and forced at madrid to a hard bargain ; without privity of henry the th or provision of him , who had been at the greater charge of that war. now the emperour affecteth that monarchy that hath ever since ( as some say ) infected the austrian family . rome , the fatal old seat of government , must be the seat of his empire : burbon , and after moncado are directed to surprize it . angelo the observant fryer is sent before the pope , consigned by the emperours election , who meant ( as his own instructions warrant ) to restore that right again to the imperial throne . charls will follow him from barcellona with an army ; but before , he must call a parliament at toledo , whether by election or affection , i dare not divine , that assembly maketh protestation against their masters marriage with england , and assign him isabella of portugal for a wife , the instruments are sent signed by the imperial notary to henry the th . and charls bemoneth the streight he is forced into by them , but before all this he had wrought from rome , a dispensation for his former out-hand marriage ; sending not long after gonzado ferdinando his chaplain , to invite the earl of desmon to rebell in ireland . and to invite james the first , by promise of a marriage to christian of denmarks daughter , his neece ; to enter the english borders , to busie the english king , for asking a strict accompt of that indignity . henry the th with providence and good success over-wrought these dangers , and by the league of italy he forced him to moderate conditions at the treaty of cambray , . he being made caput foederis against the emperour . i may end your honours trouble with this one example , and with humble prayers , that the catholique may have so much of princely sincerity , as not to intend the like , or my good gracious master a jealous vigilancy to prevent it , if it should , &c. that the soveraigns person is required in the great councells , or assemblies of the state , as well at the consultations as at the couclusions . written by sir robert cotton , knight and baronet . london , printed in the year . that the soveraigns person is required in the great counsels , or assemblies of the state , &c. since of these assemblies few diaries , or exact journal books are remaining , and those but of late , and negligently entred , the acts , and ordinances only reported to posterity are the rolls , this question though clear in general reason , and conveniency , must be wrought for the particular , out of such incident proofs , as the monument of story , and records by pieces leave us . and to deduct it the dearer down , some essential circumstances of name , time , place , occasion , and persons , must be in a general shortly touched , before the force of particular proofs be laid down . this noble body of the state , now called the houses in parliament , is known in several ages , by several names consilia the counsels in the old times , after magnum , commune , and generale , consilium , curia magna , capitalis , and curia regis ; sometimes generale placitum , and sometimes synodi and synodalia decreta , although aswell the causes of the common-wealth as church were there decided . the name of parliament , except in the abbots chapters , not ever heard of until the raign of king john , and then but rarely . at the kings court were these conventions usually , and the presence , privy chamber , or other room convenient , for the king in former times as now then used ; for what is the presenst house of lords , but so , as at this time , and was before the fyring of the pallace at westminster , about the seventeenth of henry the eighth , who then and there recided . improbable it is to believe the king was excluded his own privie chamber , and unmannerly for guests to barre him the company , who gave to them their entertainment . it was at first as now edicto principis , at the kings pleasure . towards the end of the saxons ; and in the first time of the norman kings , it stood in custome-grace , to easter , whitsontide , and christmas fixed . the bishops , earls , and lords , ex more , then assembled ( so are the frequent words in all the annalls ) the king of course then revested with his imperial crown by the bishops and peers assembling , in recognition of their pre-obliged faith and present service , until the unsafe time of king john , by over-potent and popular lords , gave discontinuance to this constant grace of kings , and then it returned to the uncertain pleasure of the soveraigns summons . the causes then as now of such assemblies , were provisions for the support of the state in men and money , well ordering of the church and common wealth , and determining of such causes , which ordinary courts nesciebant judicare ( as glanvill the grand judge under henry the second saith ) where the presence of the king was still required , it being otherwise absurd to make the king assentor to the judgments of parliament , and afford him no part in the consultation . the necessity thereof is well and fully deduced unto us in a reverent monument not far from that grave mans time in these words , rex tenetur omni modo personaliter interesse parliamento , nisi per corporalem agritudinem detineatur . then to acquaint the parliament , of such occasion of either house , causa est quod solebat clamor & murmur esse pro absentia regis quia res damnosa & periculosa est toto communitati parliamenti & regni cum rex à parliamento absens fuerit , nec se absentare debet , nec potest nisi duntaxat in causa supradicta . by this appeareth the desire of the state to have the kings presence in these great counsels by express necessity . i will now endeavour to lead the practise of it from the dark and eldest times to these no less neglected of ours . from the year . to neer . during all the heptarchy in all the councels remaining composed ex episcopis , abbatibus , ducibus , satrapis , & omni dignitate optimatibus ecclesiasticis scilicet & secularibus personis pro utilitate ecclesiae , & stabilitate regni pertractand . seven of them are rege praecedente and but one by deputy ; and incongruous it were and almost non-sence , to bar his presence that is president of such an assembly . the saxon monarchy under alfred , ethelred , and edgar in their synods or placita generalia went in the same practise and since . thus ethelwald appealed against earl leofrick from the county and generale placitum before king ethelred and edgira the queen , against earl goda to eldred the king at london , congregatis principibus & sapientibus angliae . in the year . under edward the confessor statutum est placitum magnum extra londinum quod normanni ex francorum consuetud . parliamentum appellant where the king and all his barons appealed goodwin for his brother alureds death , the earl denyed it , and the king replyed thus , my lords , you that are my liege men earls and barons of the land here assembled together have heard my appeal and his answer , unto you be it left to do right betwixt us . at the great councel at westminster . in easter week , the cause of the two archbishops lanfrank and thomas , ventilata fuit , in praesentia regis willielm . and after at winsor , finem accepit in proesentia regis . at the same feast in the year . ( the usual time of such assemblies ) the king , the archbishops , bishops , abbots , earls , and chief nobility of the kingdom present ( for so are the words of the records ) the cause between arsast bishop of norway , and baldwyne abbot of bury was also argued , et ventilata in publica jubet rex teneri judicium causis auditis amhorum . the diligence of his son the learned henry the first in executing of this part of his kingly function is commended to posterity , by walter mape , a learned man , trained up , and in favour with henry the second , in these words , omnia regali more moderamine faciebat , neminem volebat agere justitia vel pace . constituerat autem ad tranquilitatem omnium ut diebus vacationis , vel in domo magna subsidio copiam sui faceret , usque ad horam sextam , ( which was till twelve as we now accompt ) secum habens comites , baronet , proceres , & vavasores , to hear , and determine causes , whereby he attained the surname of leo justitiae in all stories , and so out-went in quiet guidance of the state his best progenitors . the next of his name that succeeded is remembred every where for his debates and his disputes he had in person with thomas the archbishop , and others of his part , at the great counsels both at london , clarendon , and northampton , for redress of the many complaints of the commons , against the outrages and extortions of the clergy ; one thousand five hundred and fifty seven , die penticostis apud sanctum edmundum , the same king diademate insignitus , with the bishops , abbots , earls , and barons of the kingdome , sate daily himself and heard all the debates , concerning the liberties and charters of battle abbey . the interlocutory speeches as well of the king , as lords and parties are at full related in a register of that church . the sute between the church of lincolne and saint albanes , in praesentia regis henry archepiscop . & episcop . omnium angliae , & comitum & baronum regni , was at westminster debated and ended : and had alone of memory and truth been a protector of the publick records of the state , as awe of the clergies sensure was a guard to theirs , in tempestuous times , we had not been now left to the only friendship of monkes diligence ; for example in this kind . at lincolne the archbishops , some bishops , but all the earles and barons of the realme , una cum rege johanne congregati ad colloquium de concordia regis scotiae , saith the register of that church . this use under king henry the third , needeth no further proofe , than the writ of summons ( then framed ) expressing that kings mind and practise ; it is nobiscum & praelatis & magnatibus nostris quos vocari fecimus super praemissis tractare & consilium impendere , which word nobiscum implieth plainely the kings presence ; what the succeeding practise was , from the fifteenth year of the second edward , the proper records of this inquiry ( the journall books being lost ) i am enforced to draw from out the rolls of acts , wherein sometimes by chance they are remembred . edward the second was present in parliament in the fifteenth year of his raigne at the complaint against the spencers , and at the second parliament that year , for the repeale of that banishment . in the fourth of edward the third , the king was present at the accusation of roger mortimer , but not at the tryall . and the next year in the treaty of the french affaires . in the sixth year intererat rex in causa johannis de gray & willielmi de zous . the same year the second day in parliament , the king was present at the debate about his voyage into scotland . in the fifteenth year the king in the painted chamber sitting with the lords in consultation , the archbishop after pardon prayed , that for better clearing himself , he might be tryed in full parliament by his peers ; which was granted . in the seventeenth in camera alba , now the court of requests , rex cum magnatibus conveniunt communes super negotiis regni . in the tenth of richard the second , the king departed from the parliament in some discontent , when after some time , lords are sent to pray his presence , and informe his majesty that if he forbear his presence amongst them fourty dayes , that then ex antiquo statuto , they may returne absque do●igerio regis , to their severall homes . henry the fourth began his first parliament the first of november , and was the twenty seventh of the same moneth at a debate about the duke of brittany , the thirtieth day the cause of the archbishop of canterbury was before him proposed only . the third of november he was at the debate , whether the commons had right of judicature yea or no. on the tenth he was with the lords in their consultation about the expedition against the scots ; the creation of the duke of lancaster , and prohibition of a new sect for entring his kingdom . some ordinances were at this time consulted of before him about the staple , and the sentence against haxey after dispute revoked . this king began his second parliament , the twentieth of january , and on the ninth of february was present to make agreement betwixt the bishop of norwich , and thomas of erpingham . on the twentieth day of the same moneth he was present at counsell for repressing the welch rebells ; for revocation of stipends , and concerning the priors aliens . on the . they advise before the king of the cistertians order . on the second of march of the statute of provisions the keeper of the privy seal , of relieving the two universities . and on the ninth of march , they mediate before the king a reconciliation betwixt the earl of rutland and the lord fitzwater . he also began a parliament in the fifth year upon the fifteenth of january , and on the twentieth they advise before the king of guarding the seas , and the welsh rebellion . on the eighth of february the earl of northumberland is charged before the king , and in his presence , and by his permission , divers of whom he knew no harme , were removed from the court. the next day at the petition of the commons , he took upon him to reconcile the earles of northumberland and westmerland . and on the two and twentieth of february of the earles of northumberland and dunbarre . in a parliament of of hen. the . a challenge of seate in parliament betwixt the earles of arundell and devonshire , was examined and appointed by the king with the advice of the lords . in that great capitall cause of the duke of suffolke , the of hen. . i finde not the king once present at the debates , but the duke appealing from his tryall by peerage , to the king , is brought from out of the house of lords to a private chamber , where the king after the chancellor in gross had declared his offence , and his refusall , the king himself ( but not in place of judgement ) adjudged his banishment . by the rolls of edward the fourth , it appeareth that he was many dayes , besides the first and last of parliament , and there was entred some speeches by him uttered , but that of all the rest is most of remark , the reporter then present thus tells it . this of the duke of clarence and the king , tristis disceptatio inter duos tantae humanitatis germanos , nemo arguit contra ducem nisi rex , nemo respondit regi nisi dux , some other testimonies are brought in , with which the lords are satisfied , and so formârunt in eum sententiam damnations , by the mouth of the duke of buckingham , the steward of england , all which was much distasted by the house of commons . the raigne of henry the seventh affords us upon the rolls no one example . the journall bookes are lost , except so much as preserves the passages of eight dayes in the twelfth year of his raigne ; in which the king was some dayes present at all debates , and with his own hand the one and thirtieth day of the parliament , delivered in a bill of trade then read , but had the memorials remained , it is no doubt but he would have been as frequent in his great councell of parliament , as he was in the starre-chamber , where by the register of that court it appeareth as well in debate of private causes , that toucheth neither life nor member , as those of publique care , he every year of all his raign was often present . of henry the eighth , memory hath not been curious , but if he were not often present , peradventure , that may be the cause , which the learned recorder fleetwood , in his preface to the annalls of edward the fifth , richard the third , henry the seventh , and henry the eighth hath observed in the statutes made in that kings dayes , for which cause he hath severed their index from the former : and much lay in the will of wolsey , who ever was unwilling to let that king see with his own eyes . edward the sixth , in respect of his young years may be vvell excused , but that such was his purpose it appears by a memorial of his own hand , vvho proportioning the affairs of councell to several persons , reserved those of greatest vveight to his own presence in these vvords . these to attend the matters of state , that i will sit with them once a week to hear the debating of things of most importance . unfitness by sex in his two succeeding sisters , to be so frequent present as their former ancestors , led in the ill occasion of such opinion and practise . most excellent majesty , your most humble servant in discharge of obedience and zeal , hath hastned up this abstract , vvhich in all humility he offers up unto your gracious pardon . presumption to enter the closet of your counsell is far from his modesty and duty , vvhat hath been your powerfull command , he hath made his work , vvhat is fit to be done vvith it , is only your divine judgment . he dares not say presidents are vvarrants to direct ; the success ( is as vvorthy observation ) as the knowledge of them , sometimes have made ill example by extension of regal power , through ill counsels vvith ill success . some as bad or vvorse vvhen the people have had too much of that , and the king too little , the danger no less . to cut out of either of these patterns to follovv , vvere but to be in love vvith the mischief , for the example . the clearer i present this to your highness , the nearer i approach the uprightness of your heart , the blessed fortune of your happy subjects : pardon , most sacred majesty , that i offer up unto your admired vvisdome , my vveak , but dutifull observations out of all the former gathering . in consultations of state and decisions of private plaints , it is clear from all times , the king not only present to advise and hear but to determine also , in cases criminal , and not of bloud , to bar the king a part vvere to exclude him the star-chamber , as far from reason as example . the doubt is then alone in crimes meer capital ; i dare not commend too much the times that lost these patterns , either for the causes or effects ; but vvish the one and other never more . to proceed by publick act of commons , peers , and king , vvas most usuall . appeals are given by lavv of hen. . of this in novv debate , the vvay i fear , as yet obscure , as great advice to state is needfull for the manner , as for the justice . the example in the cause of the duke of suffolke , hen. . vvhere the king gave judgement vvas protested against by the lords . that of the duke of clarence of edw. . vvhere the lords and the high stevvard the duke of buckingham gave judgement , vvas protested against by commons , in both of these the king vvas sometimes present , but vvhich of those may suit these times i dare not guess . that of primo rich. . of gomeneys and weston , accused by the commons plaint for treason , vvas tried by the lords in absence of the king , but sentenced by the lord scroop , stevvard for the king. the accused vvere of the rank of the accusers , commons and not lords : hovv this vvill make a president to judg in causes capital , a peer of parliament , i cannot tell . but if i should conceive a vvay ansvverable as well to parliament as other courts , if the king and the lords vvere tryers , and the commons assenters to the judgment to hear together the charge , and evidence ; the lords as doth the jury in other courts , to vvithdravv , to find the verdict , and then the stevvard , for the king , to pronounce the sentence . it passeth so by vvay of act and course that carrieth vvith it no exception , and likely to avoid all curious questions of your highness presence there . if your humble servant hath in this expression of his desire to do you service , presumed too far , his comfort is , that vvhere zeal of duty hath made the fault , benignity of goodness vvill grant the pardon . a discourse of the lawfullnes of combats to be performed in the presence of the king , or the constable and marshall of england . written by sir robert cotton , knight and baronet . . london ; printed in the year . a discourse of the lawfullnes of combats to be performed in the presence of the king , &c. combat . where difference could not be determined by legal proof or testimony , there was allowed the party his purgation . which was either canonicall or legall . the first by oath , and called canonicall , because it is lawfull . the other , which was either per aquam candentem , ferrum ignitum , or duellum , called vulgare , because it was brought in by the barbarous people , without the pretext of any law ; untill the gothish and lombard kings , seeing their subjects more addicted to martiall discipline than to civill government , reduced those trialls to form and rule : which constitutions are now incorporated in the civill law. from the northern nations ( of which the saxons and normans , or northmanni are part ) it was brought into this land , and although it grew long ago , both by the decrees of desiderius luitprandus , and the mother church , discontinued amongst the lombards , as soon as they grew civilized in italy ; yet it continued till of late with us , as a mark of our longer barbarisme : neither would we in this obey the see of rome ; to which we were in many respects observant children ; which , for that in the duell , condemnandus saepe abslovitur , & quia deus tentatur , decreed so often and streightly against it . in england this single combat was either granted the party by license extra-judiciall , or legall process . the first was ever from the king , as a chief flower of his imperiall crown , and it . was for exercise of arms especially . thus did richard . give leave for tournaments in five places in england ; inter sarum & winton ; inter stamford & wallingford , &c. ita quod pax terrae nostrae non infringetur , nec potestas justiciara minorabitur : for performance whereof , as likewise to pay unto the king according to their qualities or degrees , a sum of money proportionable , and that of a good value and advantage to the crown , they take a solemn oath . the like i find in e. . and e. . granted viris militaribus comitatus lincoln , to hold a just there every year . richard redman and his three companions in arms , had the licence of rich. . hastiludere cum willielmo halberton , cum tribus sociis suis apud civitat . carliol . the like did h. . to john de gray ; and of this sort i find in records , examples plentifull . yet did pope alexand. the fourth , following also the steps of his predecessors , innocentius & eugenius , prohibit throughout all christendome , detestabiles nundinas vel ferias quas vulgo torniamenta vocant , in quibus milites convenire solent ad oftentationem virium suaram & audaciae , unde mortes hominum & pericula animarum saepe conveniunt . and therefore did gregory the tenth send to edward the first his bull pro subtrahenda regis praesentia à torniamentis à partibus franciae , as from a spectacle altogether in a christian prince unlawfull : for , gladiatorum sceleribus non minus cruore profunditur qui spectat , quàm ille qui facit , saith lactantius . and quid inhumanius quid acerbius dici potest , saith saint cyprian , then when homo occiditurs in voluptatem hominis , & ut quis possit occidere peritia est , usus est , ars est , scelus non tantùm geritur , sed docetur . disciplina est ut primere quis possit , & gloria quòd periunt . and therefore great canstantine , as a fruit of his conversion ( which honorius his christian successor did confirme ) established this edict : cruenta spectacula in otio civili & domesticâ quiete non placent : quapropter omninò gladiatores esse prohibemus . and the permission here amongst us no doubt , is not the least encouragement from foolish confidence of skill , of so many private quarrells undertaken . combats permitted by law , are either in causes criminal or civil , as in appeals of treason , and then out of the court of the cons●able and marshal ; as that between essex and montford in the raign of henry the first , for forsaking the kings standard . that between audley and chatterton for betraying the fort of saint salviours in constant , the eighth year of richard the second . and that of bartram de vsano , and john bulmer , coram constabulario & mariscallo angliae de verbis proditoris , anno . h. . the form hereof appeareth in the plea rolls , anno . e. . in the case of vessey : and in the book of the marshals office , in the chapter modus faciendi duellum coram rege . in appeals of murther or robbery , the combat is granted out of the court of the kings bench. the presidents are often in the books of law ; and the form may be gathered out of bracton , and the printed reports of e. . and h. . all being an inhibition of the norman customes , as appeareth in the th . chapter of their customary ; from whence we seem to have brought it . and thus far of combats in cases criminall . in cases civill , it is granted either for title of arms out of the marshals court ; as between richard scroop and sir robert grosvenor , citsilt , and others , or for title of lands by a writ of right in the common-pleas , the experience whereof hath been of late : as in the case of paramour ; and is often before found in our printed reports , where the manner of darraigning battail is likewise ; as h. . and eliz. in the l. dyer expressed . to this may be added , though beyond the cognisance of the common law , that which hath in it the best pretext of combat ; which is the saving of christian ●loud , by deciding in single fight , that which would be otherwise the effect of publick war. such were the offers of r. . e. . and r. . to try their right with the french king body to body . and so was that between charles of arragon , and peter of terracone for the isle of sitilie , which by allowance of pope martin the th . and the colledge of cardinalls , was agreed to be fought at burdeux in aquitain . wherein ( under favour ) he digressed far from the steps of his predecessors , eugenius , innocentius , and alexander ; and was no pattern to the next of his name , who was so far from approving the combat between the dukes of burgundy and glocester , as that he did inhibit it by his bull ; declaring therein ; that it was detestabile genus pugnoe , omni divino & humano jure damnatum , & fidelibus interdictum ; and he did wonder and grieve , quod ira , ambitio , vel cupiditas honoris humani ipsos duces immemores faceret legis domini & salutis aeternae , qua privatus esset quicunque in tali pugna decederat : nam saepe compertum est superatum fovere justitiam ; et quomodo existimare quisquam potest rectum judicium ex duello , in quo immicus veritatis diabolus dominatur . and thus far combates , which by the law of the land , or leave of the soveraign , have any warrant . it rests to instance out of a few records , what the kings of england , out of regal prerogative have done , either in restraint of martial exercises , or private quarrels , or in determining them when they were undertaken : and to shew out of the registers of former times , which what eye the law and justice of the state did look upon that subject , that durst assume otherwise the sword or sceptre into his own hand . the restraint of tournaments by proclamation is so usuall , that i need to repeat , for form sake , but one of many . the first edward , renowned both for his wisedome and fortune , publice fecit proclamari , & firmiter inhiberi , ne quis , sub forisfactura terrarum & omnium tenementorum , torneare , bordeare , justas facere , aventuras quaerere , seu alias ad arma ire praesumat , sine licentia regis speciali . by proclamation r. . forbad any but his officers , and some few excepted , to carry any sword , or long bastard , under pain of forfeiture and imprisonment . the same king , in the th of his raign , and upon the marriage with the french kings daughter , commanded by proclamation , ne quis miles , armiger , seu alius ligeus aut subditus suus , cujuscunque status , aliquem francigenam , seu quemcunque alium qui de potestate & obedientia regis existerit , vpon what pretence soever , ad aliqua facta guer●●rum , seu actus armorum exigat , sub forisfactura ominum quae regi forisfacere poterit . and as in the kings power it hath ever rested no forbid combates , so it hath been to determine and take them up . thus did r. . in that so memorable quarrel between mowbray and hereford , by exiling them both . and when sir john de anestie , and tho. de chatterton , were ready to fight , candem quaerelam rex in manum suam recepit , saith the record . and de mandato regis direptum est praelium inter johannem bolmer , & bartramum de vesana in the time of henry the fourth . sir john fitz-thomas being produced before the earl of glocester , deputy of ireland , and there challenged by sir william devessy to have done him wrong , in reporting to the king , that sir william aforesaid should have spoken against the king defamatory words , of which sir john there presented a schedule : willielmus , audito tenore schedulae praedictae , dementitus est praedictum johannem , dicendo ; mentitus est tanquam falsus , & proditor , & denegavit omnia sibi imposita , & tradidit vadium in manum justiciarij , qui illud ad misit . et praedictus johannes advocavit omnia & dementitus est simil . dictum willielm . whereupon the combat was granted , and the time and place inrolled : but the process was adjourned into england before the king ; who with his counsell examining the whole proceeding , and that quia willielmus attachiatus fuit ad respondend . johanni praedicto super diffamatione principaliter , & non sit citatus in regno isto placitare in curia regis , placita de diffamationibus , aut inter partes aliquas , duellum concedere in placitis de quibus cognitio ad curiam regis non pertinet ; and for that the judge , vadia praedictorum johannis & willielmi cepit priusquam duellum inter eos consideratum & adjudicatum fuit , quod omnino contra legem est & consuetudinem regni : therefore , per ipsum regem & concilium concordatum est , quod processus totaliter adnulletur : and that the said john and willlam eant inde sine die ; salva utrique eorum actione sua si alias de aliquo in proedicto processu contento loqui voluerint . in a combat granted in a writ of right , philip de pugill , one of the champions , oppressus multitudine hominum se defendere non potuit : whereupon the people against him in perpetuam defamationem suam in eodem duello creantiam proclamabant , which the king understanding , assensu concilii statuit , quod praedict . philippus propter creantiam praedict . liberam legem non omittat , sed omnibus liberis actibus gauderet sicut ante duellum gaudere consuevit . what penalty they have incurred , that without law or license have attempted the practise of arms , or their own revenge , may somewhat appear by these few records following william earl of albemarle was excommunicated pro torniamento tento contra praeceptum regis . to which agreeth at this day for the duell the councel of trent , and that held at biturio in anno . john warren earl of surrey was fined at a thousand marks pro quadam transgressione in insultu facto in alanum de la zouch . talbois was committed to the tower for attempting to have slain the lord cromwell . and because robertus garvois insultum fecit , & percussit edwardum filium williel . mi , inquisitio facta est de omnibus tenementis & catallis praedicti roberti . edw. dallingrige accused by sir john st. leger before the kings justices pr● venatione , & aliis transgressionibus , answered , that these accusations were false , and threw down his glove , and challenged disrationare materias praedictas versu● praedictum johannem per duellum . sed quis contra legem terrae vadiavit inde duellum , he was committed to prison , quousque satisfaceret domino regi pro contemptu . sir nicholas de segrave , a baron , challenged sir john de cromwell , and , contrary to the kings prohibition , because he could not fight with him in england , dared him to come and defend himself in france : therein ( as the record saith ) subjecting as much as in him lay , the realm of england to the realm of france , being stayed in his passage at dover , was committed to the castle , & brought after to the kings bench ; and there arraigned , before the lords , confesled his fault , & submitted himself to the king , de alto & basso : wherefore judgement is given in these words , et super hoc dominus rex volens habere avisamentum comitum , baronum , magnatum , & aliorum de consilio suo , injunxit . eisdem , in homagio fidelitate & ligeantia quibus ei tenentur , quod ipsi considerent quails poena pro tali facto fuerit infligenda . qui omnes , habito super hoc consilio , dicunt quod hujusmodi factum moeretur poenam amisionis vitae , whereupon he was committed to the tower , & ro. archerd , that attended him into france , was committed to prison , arraigned , & fined at marks . in the end , & aftermuch intercession , the l. segrave was pardoned by the king , but could not obtain his liberty , until he had put in security for his good behaviour . but this course holdeth proportion with an ancient law made by lotharius the emperor in these words , de hiis qui discordiis & contentionibus studere solent , & in pace vivere noluerint , & inde convicti fuerint , similiter volumus , ut per fidejussores ad nostrum palatium veniant , & ibi cum nostris fidelibus consider●bimus quid de talibus hominibus faciendum sit . a breif abstract of the question of precedencie between england and spaine ; occasioned by sir henry nevill the queen of englands ambassador , and the ambassador of spain , at calais , commissioners appointed by the french king , who had moved a treaty of peace in the . year of the same queen . collected by robert cotton esquire , at the commandment of her majesty . anno domini . london , printed in the year . a brief abstract act of the question of precedency between england and spain , &c. precedency of the king in respect of place antiquity as a kingdom or a christian kingdom . or eminency of the throne royal or person nobility of bloud or antiquity of government . precedencie of england in respect of the antiquity of the kingdome . to seek before the decay of the roman empire the antiquity of any kingdome is meer vanity , when as the kingdomes of christendome , now in being , had their rising from the fall thereof ; at which instant vortigern a native of this isle , first established here a free kingdom four hundred and fifty years after christ , and so left it to the saxons , from whom her majesty is in discent lineal ; and it is plain , that as we were later then spain reduced under the roman yoak , so we were sooner infreed . subsequence of spain . spain since the dissolution of the roman empire entituled no king , till of late , for attalaricus from whom they would , upon slender warrant , ground their dissent , was never stiled rex hispaniae , but gothorum , and the kingdom of castile , wherein the main and fairest antiquity of spain rested , begun not before the year of christ . whereas they were but earls of castile before ; so that the kingdome of the english began ( which was alwayes as beda observeth a monarch in a heptarchie ) . years at the least before the kingdom of castile or spain . precedency of england in respect of antiquity of christian religion . joseph of aramathea planted christian religion immediately after the passion of christ , in this realm . and aristobulus one of them mentioned by saint paul , romans . was episc . brittanorum , and likewise simon zelotes . the first christian king in europe was lucius surius . the first that ever advanced the papacy of rome , was the emperour constantinus born at yorke . of whom in the roman laws near his time is written qui veneranda christianorum fide romanum munivit imperium ; and to him peculiarly more than to other emperours are these epithitons attributed , divus divae memoriae , divinae memoriae orbis liberator , quietis fundator , reipublic . instaurator , publicae libertatis auctor , magnus maximus , invictus ; restitutor urbis romae , atque orbis . and there have been more kings and princes of the bloud royall , confessors and martyrs in england , than in any one province in europe . and from ethelbert king of kent , ( converted anno ) untill this day , christianity hath been without interruption continued . subsequence of spain . in the time of claudius , saint james preached in spain ; but gained only nine souls . so did he in ireland as vincentius saith ; and they cannot count christian religion to be then planted in spain , which shortly after was first tainted with the heresie of priscilian , then with gothish arianism , and after defaced with moorish mahumetism from years after christ , in continuance years , untill ferdinando , king of arragon and castilia utterly expelled the moors . precedency of england in respect of the more absolute authority politicall . the queen of englands power absolute in acknowledging no superior , nor in vassallage to pope or emperour . for that subjection which by king john was made to inno●entius the third , after in parliament , per praeceptum domini papae septimo julii , cum fidelitate & homagio relaxatur omnino . sir thomas moore in his debellation , saith , the church of rome can shew no such deed of subjection , neither that the king could grant it of himself . and engubinus in his defence of constantines dodation , nameth not england , where he recited all the foedary kingdomes of the papacy ; the peter-pence were not duties but eleemosina regis , neither the rome-scot , but regis larga benignitas : parem non habet rex angliae in regno suo : multo fortius nec superiorem habere debet saith bracton . ipse non debet ess e sub homie , sed sub deo , & habet tantum superiorem judicem deum : likewise in appointing magistrates ; pardoning life , appeal , granting privileges , taking homage , and his jura majestatis not limited in censu nummorum , bello judicando , pace ineunda . eleutherius the pope years ago , in his epistle to lucius king of brittain , stiled him vicarius dei in regno suo ; so is the king of england in edgars lawes ; and baldus the lawyer saith , rex angliae est monarcha in regno suo ; and malmesbury , post conversionem ad fidem tot & tantas obtinuit libertates quot imperator imperia . subsequence of spain . the king of spain hath no kingdom , but is foedory either to france or castila , enthralled by oath of subjection , and vassallage , from king henry , to charles the fifth of france . ex foedere contracto : and for the netherlands , there is homage due to the french king , or the papacy , as arragon to innocentius the third , by king peter . confirmed by ferdinand and alphonsus . and from james , by the like oath , . and to sardinia and corsica the king of arragon , from the bishops of rome , were under oath of subjection invested : ex formula fiduciae . the kingdom of portugall in vassallage to the pope under an annuall tribute . and the canaries , hesperides , and gorgon islands subjected to the see of rome , under the chief rent of four hundred florins , by lewis king of spain , . of both the indies alexander did reserve the regalities of sicilia , the church is chief lord. and granado and navarre were made foedary to the pope , under julius the second . naples at every change sendeth a palfrey , as a heriot , due to the church of rome , and of the empire he holdeth the dukedom of millaine . so that it is questionable among civilians : whether he be princeps which holdeth in feodo all of others . his absolute authority restrained in arragon , by justitia arragonica . in biscay and other places , by particular reservations . and his jura majestatis in censu nummorum , bello judicando , pace ineunda &c. limited by the priviledges of the state , as at brabant and elsewhere in his spanish territories ; ex propriis constitutionibus & privilegiis . precedency of england in respect of more absolute authority ecclesiastical . her majesties power more absolute in this ( confirmed by ancient custome and privilege ) than any other christian prince . for no legat de latere in england , de jure allowed , but the archbishop of canterbury . if any admitted by courtesie , he hath no authority to hold plea in the realm , contrary to the the laws thereof : placita hen. . and before he was admitted and entered the realm , he was to take oath , to do nothing derogatory to the king and his crown . placita anno prim● henri . no man might denounce the popes excommunication , nor obey his authority on pain to forfeit all his goods , without assent of the king or his counsel . placita and edw. rot. dunelm . henry the first called a provincial councel , so did canutus and others . no appeal to rome without the kings licence : anno & edw. . inventure of bishops and churchmen , in the kings hand . ex matt. paris & hen. huntington . de gestis pontific . donelm placita . edw. . and in the edw. . where the reason of the kings ecclesiastical authority , to suspend or bestow church livings is yielded , quia reges angliae unguntur in capite . subsequence of spain . the king of spain can prescribe no custome to prohibit the popes legat , nor useth any authority penall over the clergy ; spain can produce no example of any provincial councel by call of the king for. bodin lib. . cap. . towards the end writeth , that the kings of spain , non sine magna mercede impetraverunt sixti pontificis romani rescripto ne perigrinis sacerdotia tribuerentur . appeals from the king to rome allowed . so the kings of spain , have meerly no power ecclesiastical , having dispoyled himself of all , by inthralling their kingdom to the church of rome . precedency of england , in respect of eminency of royall dignity . the kings of england are anointed as the kings of france , who only have their preheminence before other kingdoms declared by miracle , in the cure of the regius morbus , which they can effect only ; and that of antiquity : for edward the confessor healed many . . they are superiour lords of the kingdome of scotland and man , and vicarii imperii ; as edward the third and oswald intituled rex christianissimus : ve . peda lib. . . they are named filii adoptivi ecclesiae , as the emperour filius primogenitus , and the king of france , filius natu minor : vide platina . . they are accompted among reges super illustres , in this order : imperator , rex franciae , rex angliae & franciae , vide corsettus . . england in the general councels at constance and pisa , was made a nation , when as all christianity was divided into four nations , itallicam , gallicam , germanicam , & anglicam . ex lib. sacrarum ceremoniarum ecclesiae romanae . . whereupon seat accordingly was allowed at the three general councels , viz. constance , pisa , sienna , to the english ambassadors next to the emperour on the left hand , and to the king of france on the right hand : which were their ancient seats before the spaniards at basill . begun to contend for precedency . where it was in the first session ordered , that all legats should hold such their places , as they had enjoyed heretofore , according to their worth and antiquity : yet in the councel of trent the precedency of france with spain was made questionable . augustus de cavalles , as the strongest reason to bar the french interest , inferred the queen of england from her ancestors , both in respect of inheritance , conquest , and gift , de jure queen of france . by which reason when he doth shake or overthrow ( as he thinketh ) the precedency of france , he doth consequently strengthen the precedency of england . and in treaty between henry the seventh , and philip of castile , the commissioners of england did subsign betore the other , and in the treaty of marriage with queen mary , anno those of england are first rehearsed . and at burbrough anno . they gave it to her majesties ambassadors . and yet in respect of the eminency of this royal throne , to the see of canterbury was granted by vrbane , at the councel of claremount , anno . for ever , the seat in general councel , at the popes right foot , who at that time uttered these words ; includamus hunc in orbe nostro tanquam alterius orbis pontificem maximum . subsequence of spain . . the kings of castile are never anointed , neither hath the spanish throne that vertue to endow the king therein invested , with the power to heal the kings evil : for into france do yearly come multitudes of spaniards to be healed thereof . . no kingdom held in fee of him . . spain then not remembred one of the sons of the church . . the king of spain placed last after the king of england inter super illustres , by the said corsettus . . the kingdome was then comprised under itallica natio , and no nation of it self , as in old it was called iberia minor , as a member of italy , iberia major . england being britannia major . at which time the spaniard contented himself with the place next to the king of france . precedency of england before spain , in respect of the nobility of blood. her majesty in lineal discent is deduced from christian princes for years , by ethelbert a christian . and the matches of her progenitors most royal with france , germany , spain . subsequence of spain . for their antiquity of discent as kings of spain is chiefly from the earls of castilia about years since . for they cannot warrant their discent , from atalaricus the goth , and as dukes of austria from the earls of hapsburgh only about years since . their matches anciently for the most part with their subjects , and of late in their own blood . precedency of england , in respect of antiquity of government . her majesty having raigned now most happily years . this we would not have alledged , but that the spanish ambassador at basil , objected in this respect the minority of henry the sixth . her sex herein nothing prejudicial , when as both divine and humane laws do allow it , and accordingly spain , england , and hungary , insomuch , that mary queen of the last , was always stiled , rex mario hungariae . vide tilius . subsequence of spain . the king of spain yet in the infancy of his kingdome . for the precedency may be alledged , viz. the antiquity of the kingdom , when as castile , arragon , navar and portuguall , had their first kings about . the ancient receiving of the christian faith , by joseph of aramathea , simon zelotes , aristobulus , yea by st. peter , and st. paul , as theodoretus , and sophrinius do testifie . the kingdome is held of god alone , acknowledging no superiour , and in no vassalage to the emperour or pope , as naples , sicilia , arragont , sardinia , and corsica , &c. sir thomas moore denyeth , that king john , either did , or could make england subject to the pope , and that the tribute was not paid ( pag. . ) but the preter-pence , were paid to the pope , by k. john , by way of alms. the absolute power of the king of england , which in other kingdomes is much restrained . england is accompted the fourth part of christendome ; for in the councel of constance all christianity was divided , in nationem , viz. italicam , germanicam , gallicanam & anglicanam , and accordingly gave voices . england in the opinions of the popes is preferred , because in it is conteined in the ecclesiastical division , two large provinces , which had their several legatinati when as france had scantly one . the emperour is accompted major filius papae , the king of france filius minor , the king of england , filius adoptivus . the archbishops of canterbury , are accompted by the people , tanquam alterius orbis papae , and anointed to have place in general councels , at the popes right foot . the title of defensor fidei , as honourably , and as justly bestowed upon the kings of england , as christianissimus upon the french ; or catholicus upon the spaniard . edward the third , king of england , was created by the emperour , vicarius perpetuus imperii ; cum jure vitae necisque in omnes imperii ; snbditos , and the kings of england , papae vicarii , by pope nicholas the second , vide copgrave . innocentius the fourth , the pope said , vere hortus deliciarum est anglia , vere pateus inexhaustus ubi multa abundant , &c. king hen. . elected king of jerusalem by the christians . richard the first conquered the kingdome of cyprus , and gave it unto guy lusigrian , whose posterity raigned there until of late years . kings of england are superiour lords of the kingdom of scotland , and are absolute kings of all the kingdom of ireland . england is not subject to imperial and roman laws , as other kingdoms are , but retaineth her ancient laws , and pura municipialia . king henry the sixth was crowned king of france at paris . the kings of england did use the stile of a soveraign , viz. alti conantis dei , largiflua , clementiae qui est rex regum & dominus dominorum . ego edgarus anglorum 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 omniumque regum insularumque oceani britanici circumjacentium , cunctarumque nationum quae infra cam includuntur , imperator ac dominus . a remonstrance of the treaties of amity and marriage before time , and of late , of the house of avstria and spain , with the kings of england , to advance themselves to the monarchy of europe . written by sir robert cotton , knight and baronet . london , printed in the year . a remonstrance of the treaties of amity and marriage before time , and of late of the house of avstria and spain , &c. most excellent majesty , we your lords spiritual and temporal and the commons of your realm assembled in this your parliament , having received out of your meer grace , your royal command , to declare unto your highness our advice and counsel , for the further continuing , or final breaking of the two treaties between your majesty , the emperor , and the spanish king touching the rendition of the palatinate , to the due and former obedience of your illustrious son the prince palatine ; and that of marriage , between the lady mary infant of spain , and the most excellent prince your son , now prince of wales ; we conceive it not unfit to offer up to your admired wisdom and consideration these important motives that induced our subsequent advice and resolution . by contemplation whereof , we assume to our selves that your majesty apparently seeing the infinite calamity fallen of late unto the christian world , by means of these disguised treaties of amity , and marriage before time , frequently used with your progenitors , and now lately with your self by the house of austria , and spain ; to advance themselves to the monarchy of europe , will graciously be pleased to accept our humble advice . maximilian the emperor , and ferdinand of spain uniting by marriage the possessions of the house of austria , the netherlands , arragon , castile , sciciliae , and their new discoveries , to one succeeding heir , began ( though a far off ) to see a way whereby their grandchild charls , might become the master of the western world , and therefore each endeavoured by addition of territories , to facilitate that their desired end . france was the only obstacle , whose ambition and power then was no less than theirs ; he lay in their way for gelders , by siding with duke charls ; for navarre , by protecting albert their king , for their peeces in italy , by confederation with the state of venice ; and for naples and millain by pretence of his own . they were too weak to work out their way by force , and therefore used that other of craft . lewis is offered for his daughter claude the marriage of charls their grandchild , it is at bloys accepted , and to them confirmed by oath : the claim of france to naples by this released one hundred thousand crowns yearly , by way of recognition only to france reserved , who is besides to have the investure of millain for a sum of money , which the cardinal d'amboyes , according to his masters covenant , saw discharged . ferdinand thus possessed of what he then desired , and maximilian not meaning to strengthen france by addition of that dutchy or repayment of the money , broke off that treaty to which they were mutually sworn , affiancing charls their heir to mary the daughter of henry the th ; to whose son arthur , ferdinand had married katharine his youngest daughter . this double knot with england , made them more bold ( as you see they did ) to double with france : but he prince of wales his untimely death , and his fathers that shortly followed , enforced them to seek out , as they did , another tye , the spirit and power of lewis , and their provocations justly moving it : they make up a second marriage for katharine with henry the eighth , son of henry the seventh ; and are enforced to make a bull dated a day after the popes death to dispence with it ; and consummate per verba de praesenti , by commissioners at callis , the former nuptuals of charles and mary , publishing a book in print of the benefit that should accrew to the christian world by that alliance . henry the eighth left by his father young and rich , is put on by ferdinand to begin his right to france by the way of guyen ; and to send his forces into spain , as he did , under the marquess dorset , to joyn with his father in law for that design , by reputation whereof albert of navarre was enforced to quit that state to spain ; who intended as it proved , no further use of the english army than to keep off the french king from assisting albert , until he had possessed himself of that part of navarre , which his successors ever since retain . for , that work ended , the english forces were returned home in winter , nothing having advanced their masters service . the next year to assure henry the eighth , grown diffident by the last carriage of maximilian and ferdinand , whose only meaning was to lie busying of the french king at home , to make an easie way abroad to their former ends , project to the english king an enterprise for france , to which they assured their assistance , by mutuall confederacy at mecklin ; for which bernard de mesa , and lewis de carror , for castile and arragon , and the emperor in person gave oath , who undertook , as he did , to accompany henry the eighth to turwyn . ferdinand in the mean time dispatching the vice-roy of naples into italy , to busie the french king and venetian , that the english king with facility might pursue the conquest of france . henry the eighth had no sooner distressed the french king , but ferdinand , respecting more his profit than his faith , closed with lewis , who renounced the protection of navarre and gelders , so bee and maximilian would forsake the tye they had made with henry the eighth . the vice-roy of naples is instantly recalled from bressa ; a true with spain and france concluded ; quintean sent to the emperor to joyn in it ; don john de manuel , and diego de castro imployed to work the emperor , and charles the grandchild to exchange the marriage of mary , henry the eighths sister , with reve the second daughter of the french king : and lewis himself to take elanor their neece to wife : and to clear all dispute about the conditions , a blanck is sent from spain to the french king to over-write what he please . henry the eighth perceiving this close and foul play , entertaineth an overture made by the duke de longavil then prisoner in england , for a marriage of mary his sister with the french king , which effected , the two subtile princes failed of their ends . lewis dead , and francis succeeding , he made his first entrance a league with england , the recovery of millane which he did , the protection of his neighbours , and reduction of the swisses from the imperial side , for which he imployed to them the bastard of savoy . maximilian and ferdinand seeing by this all their new purchases in danger , and that they had now no disguised marriage again to entertain the credulity of henry the eighth , they work upon his youth and honour . the emperor will needs to him resign his emperial crown ; as wearied with the weight of government and distraction of europe , which needed a more active man then his old age , to defend the liberty of subjects , and majesty of princes from the tyranny of france . that he had made the way already for him with the electors ; that he would send the cardinall sedunensis , with ample commission into england to conclude the resignation , which was done . that at aquisgrave he will meet henry the eighth , and there give up his first crown , from thence accompany him to rome , where he should receive the last right of the imperiall dignity , putting verona into his protection , then assailed by the venetians ; and giving him the investiture of millane in feodo , more imperiali , then in possession of the french , to tye his aid the faster against these states . hereupon henry the eighth concluded a defensive league with the bishop of mesa and count daciana , authorised commissioners from the emperor , arragon , castile , and sendeth his secretary master pace with money , for maximilian had already borrowed and broken to entertain the swissers into pay and confederacy against france . charles the grandchild must feign a difficulty to sway his league , untill the emperor at henry the eighths cost , was fetched from germany to the netherlands to work his nephew to it , who in the interim had closely contracted a peace by the grandfathers consent with france . no sooner had maximilian received ten thousand florins of the english king to bear his charge , but the treaty of noyon , was closely between him ; arragon and castile concluded , whereby the ten thousand crowns for recognition of naples was passd from france to the emperor , and charles himself affianced to loysia the french kings daughter , and also darkly carried , that when master pace at agno came down from the emperor with his signature of the confederacy , the french kings ambassador went up the back stairs , with six thousand florins , and the transaction of the pension of naples to maximilian , and there received his confirmation of the treaty at novon ; notwithstanding the same day the emperor looking upon his george and garter , wished to wingfield , henry the eighths ambassador , that the thoughts of his heart were transparent to his master . so displeasing was this foul play to the cardinall sedunensis , the emperors chief counsellor , that he writ contra perfidiam principum , against the falshood of his own lord , a bitter letter to the english king ; who finding again how his youth and facility was overwrought by these two old and subtill princes , his vast expences lost , his hopes of france lesned , and that of the emperor vanished ( for maximilian is now conferring the title of rex romanorum to one of his nephues ) concludeth , by mediation of the admiral of france , a peace with that king ; a marriage for the dolphin francis with the lady mary , and the re-delivery of tournay , for a large summe of money . not long after maximilian dieth , leaving the imperial crown in competition of france and castile . charles , whose desire was , as his ancestors , to weave that vvreath for ever into the austrian family , began to fear the power of his corrivall , vvith vvhom the pope then sided , and the english king stood assured by the late marriage of their two children . to draw off the pope he knew it vvas impossible , he vvas all french. to vvork in henry the eighth , he found the inconstancy of his predecessors , and the new match to lie in the vvay . to clear the one , he is fain , in his letters into england , to load his two grandfathers vvith all the former aspertions , his years , and duty , then tying him more to obedience then truth : but that he vvas a man , and himself now ; that mutuall danger vvould give assurance , vvhere otherwise single faith might be mistrusted ; france vvas in it self , by addition of britany , more potent than ever , this man had rejoyned to it some important pieces in italy , and should his greatness grow larger up by accession of the imperiall crown , how easie vvere it to effect indeed what he had fashioned in fancy , the monarchy of europe . as for the young lady , who was like to lose her husband if henry the eighth incline to this counsell , and assist castile in pursute of the emperor ; he was contented ( for loisia of france , espoused to him by the treaty at noyon , was now dead ) to make up the loss of the lady mary by his own marriage with her ; a match fitter in years , for the dolphin was an infant , as great in dignity ; for he was a king , and might by the assistance of her father be greater in being emperor . thus was henry the eighth by fears and hopes turned about again , and pacy forthwith sent to the electors with instructions & money , who so wrought that charles was in july chosen emperor : and that it was by the sole work of henry the eighth , himself by letters under his hand acknowledged . from aquisgrave , he commeth crowned the next year for england , weddeth at winsor the lady mary ; concludeth by league the invasion of france , and to divide it with henry the eighth by the river of rodon , making oath at the high altar at pauls for performance of both those treaties . hereupon france is entred by the eng●ish army , and burbon wrought from his allegiance by a disguised promise of this emperor of elianor his sister for wife , to raise forces against his master , which he did , but was paid by the english king. the french king to carry the wars from his own doors , maketh towards milan ; whereby burbon and his forces were drawn out of province to guard the imperialls in italy . at pavie they met , and the french king was taken prisoner , and forthwith transported into spain ; where at madrid the emperor forced his consent to that treaty , whereby he gained burgundy , and many portions in the netherlands ; leaving henry the eighth who had born the greatest charge of all that warre , not only there unsaved , but calling a parliament at toledo , taketh by assignment of his states , isabella of portugall to wife , procuring from pope clement a bull to absolve him of his former oaths and marriage , working not long after by ferdinandus his chaplain , the earl of desmond to rebell in ireland , and james the fifth of scotland , by promise of marriage with his neece the daughter of denmarke ; to whom he likewise sent munition , and money , to busie henry the eighth at home , that he might be the less able to requite these indignities he had so done him . and to shew that his ambition was more than his piety , he ordered by instructions , first the duke of burbon , and after hugo de monsado to surprise rome and the pope ; sending angelo an observant frier thither , whom he had assigned to the papall throne , intending to reduce the choise of the see from the cardinals again , to the empire , and there to set up a first monarchy . but his design by a needfull confederacy , as now of the pope , french king , princes of italy and others , vvith henry the eighth , vvho vvas made caput faedoris , vvas to the safety of all christian princes , prevented happily , and he himself reforced at cambray in the year one thousand five hundred twenty and nine , to re-deliver the french king , and many pieces of that crown he had vvrested avvay by the treaty of madrid , and to sit dovvn vvith moderate and fair conditions against his vvill . his vvaking ambition vvould not long let him rest , but again he plotteth to break the knot betvveen the french and english kings . to vvork this , he assureth , by contract , his assistance in furtherance of henry the eighths title to france ; and to make the greater belief , offereth a marriage to the lady mary , so she might be declared again legitimate . henry the eighth accordeth vvith him , and advanceth his army into france , vvhere he had no sooner recovered bulleyn , but the emperor catching advantage on the french kings necessities , falleth off from his former faith and promise , making up a peace perpetuall vvith france , vvhereby all claim from the crovvn of arragon , naples , flanders , arras , gelders , and other parts vvas released , and mutuall confederation for restitution of the catholick religion concluded betvvixt them both . edward the sixth succeeding his father forbears all treaties vvith spain , but those of intercourse , persisting as formerly in union vvith the princes of germany , and his other allies , preventing those expences and dangers , vvhich his fathers belief and confidence of spain had tasted of before . his sister and successor mary , entertaining that fatall amity vvith the emperour and his sonne , by marriage , embarqued her estate in a dangerous vvarre , vvhereby the realm vvas much impoverished , and callice lost . her sister of happy memory succeeding made up that breach , by that three-fold treaty at cambray , . where king philip as bound in honour , stood bound for aid in recovery of calice ; but his ovvn ends by that convocation served , he left her after to vvork out her safety her self alone ; yet fearing that a union of france and your realms , in the person of your most vertuous mother , then married into france , he under a seigned pretence of marriage , vvrought , by caraffa ▪ and his faction of other cardinalls , a stay of the popes declaration against the queen of england , more his own fears , than his love procuring it . yet the princely disposition of this noble lady , taking those pretences for reall favours , was not wanting both with her counsell and purse ; for she imployed many of her ablest ministers to mediate , and disbursed upon the assurance of brabant , and the good towns of flanders whose bonds are yet extant , for reduction of those provinces to his obedience , one hundred and fifty thousand pounds . but when she found his aim to be the violating of their ancient liberties , and in it saw her own danger involved ; her counsell advised her , not to leave the assistance of those people , france , and those other princes that lay as her self in danger , to be swallowed up in his ambitious ends , who , when he intended the conquest of her estate , to blind her with security , presented by carlo lanfranco , and the prince of parma , a proposition of peace ; graced with as many arguments of honest meaning , as his progenitors had used to her father , which she accepted , but not without a prudent suspition . for when the treaty was in height , the brought his invincible navy to invade the realm , the success whereof was answerable to his faith and honor , she left not that injury without revenge , but forced him in his after raign , to that extremity , that he was driven to break all faith with those princes that trusted him ; and paid for one years interest , about twenty five thousand millions of crowns . so lovv and desperate in fortunes your highness found him , when to all our comforts you took this crown ; then from the abundant goodness of your peaceable nature , you were pleased to begin your happy raign with general quiet , and with spain the first , which should have wrought in noble natures a more gratefull recompence than after followed : for long it was not before tyrone was heartned to rebell against your highness , and flying , had pension at rome , paid him from the spanish agent . his son odonell tirconell , and others your chiefest rebells , retained ever since in grace and pay with the arch-dutchess , at spains devotion . as soon as your eldest son of holy memory now with god , was fit for marriage , they began these old disguises , by which before they had thriven so well , &c. twenty four arguments , whether it be more expedient to suppress popish practises against the due allegeance of his majesty . by the strict executions touching jesuits and seminary priests ? or , to restrain them to close prisons , during life , if no reformation follow ? written by sir robert cotton , knight and baronet . london , printed in the year . twenty four arguments whether it be more expedient to suppress popish practises against the due allegeance to his majesty . by the strict execution touching jesuits , and seminary priests , &c. i am not ignorant , that this latter age hath brought forth a swarm of busie heads , which measure the great mysteries of state , by the rule of their self-conceited wisdomes ; but if they would consider , that the commonwealth , governed by grave counsellors , is like unto a ship directed by a skilfull pilot , vvhom the necessities of occasions , and grounds of reason , vvhy he steereth to this , or that point of the compass , are better knovvn , then to those that stand a loof off , they vvould perhaps be more sparing , if not more vvary in their resolutions ; for my ovvn particular i must confess , that i am naturally too much inclined to his opinion , vvho once said , qui bene latuit , bene vixit , and freshly calling to mind the saying of functius to his friend , at the hour of his untimely death , disce meo exemplo mandato munere fungi : et fuge seu pestem — i could easily forbeare to make my hand-vvriting the record of my opinion , vvhich nevertheless i protest to maintain rather deliberatively , than by the vvay of a conclusive assertion ; therefore vvithout vvasting precious time any longer vvith needless prologues , i vvill briefly set dovvn the question in the terms follovving , viz. wh●ther it be more expedient to suppres popish practises , against the due allegiance to his majesty , by the strict execution touching jesuit● and seminary priests : or to restrain them to close prisons , during life , if no reformation follow . in favour of the first division . i. there are not few , who grounding themselves on an antient proverb , a dead man bites not , affirm , that such are dangerous to be preserved alive , who being guilty , condemned , and full of fear , are likely for purchase of life and liberty , to inlarge their uttermost in desperate adventures , against their king and countrey . ii. no less is it to be feared , that while the sword of justice is remiss , in cutting off heinous offendors against the dignity of the crown , the mis-led papall multitude , in the interim , may enter into a jealous suspence , whether that forbearance proceed from fear of exasperating their desperate humours , or that it is now become questionable , whether the execution of their priests , be simply for matter of state , or pretended quarrel for religon . iii. and whereas in a remediless inconvenience , it is lawful to use the extremity of laws against some few , that many by the terrour of the example , may be reformed ; what hope can there be that clemency may tame their hearts , who interpret his majesties grace in transporting their priests out of his realm , to be a meer shift to rid the prisons of those whom conscience could not condemn of any capital crime . iv. neither are their vaunting whisperings to be neglected , by which they seek to confirm the fearful souls of their party , and to inveigle the ignorant , doubtful or discontented persons : for if the glorious extolling of their powerful friends , and the expectance of a golden day , be suffered to win credit with the meaner fort , the relapse cannot be small , or the means easie to reform the error , without a general combustion of the state. v. let experience speak somewhat in this behalf , which hath evidently descryed , within the current of few years , that the forbearance of severity , hath multiplied their roll in such manner , that it remains as a corrosive to thousands of his majesties well-affected subjects . vi. to what purpose serves it to muster the names of the protestants , or to vaunt them to be ten for one of the roman faction ? as if bare figures of numeration could prevail against an united party , resolved , and advised before hand , how to turn their faces with assurance , unto all dangers , while in the mean time , the protestants neastling in vain security , suffer the weed to grow up that threatneth their hane and merciless ruine . vii . sometime the oath of supremacy choaked their presumptuous imaginations ; and yet could not that infernal smoke be smothered , nor the locusts issuing thereout be wholly cleansed from the face of this land. now that the temporal power of the king , conteined in the oath of allegiance , is by the papall see , and many of the adorers thereof , impudently avowed to be unlawful ; shall the broachers of such doctrine be suffered to live , yea and to live and be relieved of us , for whose destruction they groan daily ? viii . to be a right popish-priest , in true english sense , is to bear the character of a disloyal renegado of his natural obedience to his soveraign , whom if by connivency he shall let slip , or chastise with a light hand , what immunity may not traiterous delinquents in lesser degrees expect , or challenge , after a sort , in equity and justice ? ix . if there were no receivers , there would be no theeves : likewise if there were no harbourers of the jesuits , it is to be presumed , that they would not trouble this isle with their presence , therefore rigor must be extended against the receiver , that the jesuits may be kept out of dores ; were it then indifferent justice , to hang up the accessary , and let the principal go free , namely to suffer the priest to draw his breath at length , whiles the entertainer of him under his roof submits his body to the executioners hands ? without doubt if it be fit to forbear the chief , it will be necessary to receive the second offender in , to protection , wherewith a mischief must ensue of continual expence , and scandalous restraint of so great a number . x. reputation is one of the principal arteries of the common-wealth , which maxime , is so well known to the secretaries of the papacy , that by private forgeries , and publique impressions of calumniations , they endeavour to wound us in that vital part ; howsoever therefore some few of that stamp , being better tempered then their fellows in defence of this present government , have not spared to affirm that tyranny is unjustly ascribed thereunto , for so much as freedome of conscience after a sort may be redeemed for money , notwithstanding there want not many pamphleters of their side , who approbriously cast in our teeths , the converting of the penalty inflicted on recusants , and refusers of the oath of allegiance , from the kings exchequor , to a particular purse , sure we cannot presume , that those libellers may be diswaded from spitting out their venome maliciously against us , when they shall see their priests mewed up without further process of law , for either they will attribute this calm dealing to the justice of their cause , the strength of their party , or patience ; or that tract of time hath discovered out laws , importing over much sharpness in good pollicy to be thought fitter for abrogation , by non-usance , than repealed by a publique decree . xi . moreover it is fore-thought , by some , tht if these seminaries be only restrained , they may prove hereafter like a snake kept in the bosome , such as bonner , gardiner , and others of the same livery shewed themselves to be , after liberty obtained in queen maries time , and if the loss of those ghostly fathers aggrieve them , it is probable , that they will take arms sooner , and with more courage , to free the living , then to set up a trophy to the dead . xii . howsoever , the jesuits band is known in their native soyl , to be defective in many respects , which makes them underlings to the protestants , as in authority , arms , and the protection of the laws , which is all in all ; nevertheless they insinuate themselves to forraign princes , favouring their party , with promises of strong assistance at home , if they may be well backed from abroad ; to which purpose they have divided the inhabitants of this realm into four sects , whereof ranking their troupes in the first place ( as due to the pretended catholiques ) they assumed a full fourth part to their property , and of that part again they made a subdivision into two portions , namely , of those that openly renounced the estabilished church of england , and others , whose certain number could not be assigned , because they frequented our srevice , our sacraments , reserving their hearts to the lord god the pope : the second party they alot to the protestants , who retain yet ( as they say ) some reliques of their church : the third rank and largest was left unto the puritans , whom they hate deadly , in respect they will hold no indifferent quarter with papistry : the fourth and last maniple they assign to the politicians , huomoni ( say they ) senza dio , & senza anima , men without fear of god , or regard of their souls , who busying themselves only in matter of state , retain no sense of religion . without doubt , if the authors of this partition have cast their accompt aright , we must confess that the latter brood is to be ascribed properly unto them ; for if the undermyning of the parliament house , the scandalizing of the king in print , who is gods anointed , and the refusal of natural obedience , be marks of those , that neither stand in awe of god or conscience , well may the papists boast , that they are assured of the first number , and may presume likewise of the last friendship , when occasion shall be offered ; for the preventing of which combination , it is a sure way , to cut off the heads that should tie the knot , or at least to brand them with a mark in the forehead before they be dismissed , or ( after the opinion of others ) to make them unwelcome to the feminine sex , which now with great fervency imbraceth them . these are for the most part arguments vented in ordinary discourse , by many who suppose a priests breath to be contagious in our english air . others there are , who maintain the second part of the question , with reasons not unworthy of observance . in favour of the second division . i. death is the end of temporal woes ; but it may in no wise be accounted the grave of memory ; therefore howsoever it is in the power of justice to suppress the person of a man , the opinion for which he suffered ( conceived truly , or untruly in the hearts of a multitude ) is not subject to the edge of any sword , how sharp or keen soever . i confess that the teeth are soon blunted that bite only out of the malice of a singular faction , but where poyson is diffused through the veins of a common-wealth , with inermixture of bloud good and bad ; separation is to be made rather by patient evacuation , than by present incision ; the greatest biter of a state is envy , joyned with the thirst of revenge , which seldome declares it self in plain colours , until a jealousie conceived of personal dangers , breaketh out into desperate resolutions ; hence comes it to pass , that when one male-contented member is grieved the rest of the body is sensible thereof , neither can a priest or jesuit be cut off , without a general murmur of their secretaries , which being confident in their number , secretly arm for opposition , or confirmed with their martyrs bloud ( as they are perswaded ) resolve by patience and sufferance to glorifie their cause , and merit heaven . do we not daily see , that it is easier to confront a private enemy , than a society or corporation ? and that the hatred of a state is more immortal , than the spleen of a monarchy , therefore except it be demonstrated , that the whole roman city , which consists not of one brood , may be cut off at the first stroke as one entire head , i see no cause to think our state secured , by setting on the skirts of some few seminaries , leaving in the mean time a multitude of snarlers abroad , who already shew their teeth , and only wait opportunity to bite fiercely . i will not deny , that , what we fear , we commonly hate , provided alwayes , that no merit hath interceded a reconciliation ; for there is great difference between hatred conceived against him that will take away the life , and him that may justly do it , and yet in clemency forbears to put it in effect ; for the latter breedeth reverend aw , whereas the former subjecteth to servile fear , alwayes accompanied with desire of innovations , and although it hath been affirmed of the church of rome , quod pontificium genus semper crudele , nevertheless out of charity let us hope , that all devils are not so black as they are painted , some , or perhaps many of them there are , whom conscience , or in default thereof , pure shame of the world will constrain to confess that his majesty most graciously distinguisheth the theory of popery ; from the active part thereof , as being naturally inclined , parvis peccatis veniam , magnis severitatem commodare , nec poena semper , sed saepius poenitentia contentus esse . ii. mistaking of punishments legally inflicted , commonly proceeds from fond pitty , or the interest which we have in the same cause ; both which beget blind partiality ; admit then , that the papall side , affecting merit by compassion , may be nearly touched with the restraint of their seminaries , it cannot be denyed i hope , except they had the hearts of tygers , that in humanity they will prefer their ease of durance , before the rigor of death ; and albeit that parsons , bellarmin , and the pope himself , constrain their spiritual children , to thrust their fingers into the fire , by refusing the oath of allegiance , notwithstanding we have many testimonies in judicial courts , and printed books , that the greater part of them are of that theban hunters mind , who would rather have seen his dogs cruel acts , then have felt them to his own cost . garnett himself also in one of his secret letters , that after his death he should not be inrolled amongst the martyrs , because that no matter of religion was objected against him ; yet it plainly appeared in his demeanour , that he would gladly have survived the possibility of that glory , if any such hopes had remained . neither is it to be presumed , that being in prison , he would ever have conceived that we durst not touch his reverence , or that the law was remiss which had justly condemned him , and left his life to the kings mercy . it was the distance of the place and not parsons that interpreted the sending over-seas of the priests to be a greater argument of their innocency , than of his majesties forbearance ; for had father parsons himself been coram nobis , his song would rather have been of mercy then justice . it is truly said , that we are all instructed better by examples then precepts , therefore if the laws printed , and indictments recorded , cannot controul the calumniations of those that wilfully will mistake treason , for religion : by the execution of two or three of that back-biting number , i doubt not but the question may readily be decided . — namque immedicabile vulnus , ense recidendum est , ne pars sincera trahatur . iii. to dally with pragmatical papists , especially with those that by their example and counsel pvevert his majesties subjects , i hold it a point of meer injustice ; for , what comfort may the good expect , when the bad are by connivency free to speak , and imboldened to put their disloyal thoughts into execution ? for explaning therefore of my meaning , it is necessary to have a regard unto the nature of the kings liege-people , that are to be reformed by example of justice , and others , forraigners , who will we , nill we , must be censurers of our actions ; it hath been truly observed that the nations of europe , which are most remote from rome , are more superstitiously inclined to the dregs of that place , then the nearer neighbours of italy , whether that humour proceeds from the complexion of the northern bodies , which is naturally more retentive of old customes , than hotter regions ; or that the vices of the city , seated on seven hills , are by crafty ministers of that see , concealed from the vulgar sort , i list not now to discuss ; but most certain it is , that the people of this isle exceed the romans in zeal of their profession ; in so much that in rome it self , i have heard the english fugitives taxed by the name of pichia pelli inglesi , knock-brests , id est , hypocrits ; now as our countrey-men take surer hold-fast of papall traditions , then others ; so are they naturally better fortified with a courage to endure death for the maintenance of that cause ; for this clymate is of that temperature out of which vegetius holdeth it fittest to chuse a valiant souldier , where the heart finding it self provided with plenty of bloud to sustain suddain defects , is not so soon apprehensive of death or dangers , as where the store-house of bloud being small , every hazzard maketh pale cheeks and trembling hands : angli ( say ancient writers ) bello intrepidi , nec mortis sensu deterrentur ; and thereunto botero the italian beareth witness in his relations ; many strangers therefore coming out of forraign parts among the rarities of england desire to see whether report hath not been too lavish , in affirming that our condemned persons yield their bodies to death with cheerfullnesse , and were it not that by daily experience we can call our selves to witness of this truth , i could produce the reverend judge fortescue , who in commendation of our english laws , made suitable ( as he well observeth ) to the imbred conditions of the imhabitants of this soil , avoweth , that the english people in tryal for criminal causes , are not compelled by tortures to confess as in other nations it is used , for as much as the quality of the english is known to be less fearful of death than of torments , for which cause if the torments of the civil law were offered to an innocent person in england , he would rather yield himself guilty , and suffer death , then endure the horror of lingring pains . insulani plerunque fures ( saith one ) and so true it is , that this countrey 〈◊〉 stained with that imputation , notwithstanding that many are put to death , to the end that others by their fall , might learn in time to beware ; if then it do appear that terrour prevails not , to keep men from offences which are condemned by law , and conscience , what assurance can there be to scare those , who are constantly satisfied in their minds , that their sufferings are either expresly , or by implicitation for matter of religion and health of their souls ; in such case to threaten death to english-men , quibus nihil interest humine sublimi ne putrescant , is a matter of small consequence , purpuratis gallis , italis , aut hispanis , ista minitare , to a setled resolution it boots not to shew the dreadful visor of death ; menaces to prolong a wearisome life , prevail much more in such cases . rightly did clement the eighth consider , that by burning two english-men in rome for supposed heresie , he rather impaired his cause than better'd it , insomuch that many present at the resolute death of mr. marsh , who was brought to dust in campo di sancta fiore , spared not to proclaim himself a martyr , carried away of his ashes for a relique , and wished their souls in the same place with his ; which news brought to the popes ear , caused him ( as it was bruited about rome ) solemnly to protest , that none of the english nation should publiquely from that time be consumed with fire : on the other side if we read the volumes written in praise of their priests constancy , the martyrology or callender of martyrs , and path way of salvation as it were , chalked out unto the papists , by sacrifizing their lives for the pope , we shall find that by taking away of one we have confirmed and united many , whereof i could give particular instance , if i thought any scruple were made in that point . as for forraign parts which hold with the papall supremacy , it is clear that they will be severe , and partial judges in this cause ; for albeit that here in england , it is well known to all true and loyal subjects , that for matter of roman doctrine , no mans life is directly called into question ? but that their disobedience in reason of state is the motive of their persecution ; nevertheless where a great canker of christendome is rooted in a contrary opinion , and things in this world are for the most part esteemed by outward appearance , this land cannot escape malicious scandalls , neither shall there be want of colleges to supply their faction with seminaries ; therefore again and again , i say , that if the state of the question were so set , that it were possible by a general execution of the priests , and their adherents , to end the controversie , i could in some sort with better will , subscribe thereunto ; but seeing i find little hope in that course , i hold it safer to be ambitious of the victory , which is purchased with less loss of bloud ; and to proceed as tully teacheth his orator , vvho vvhen he cannot vvholly overthrow his adversary , yet ought he to do it in some part , and with all endeavour to confirm his own party in the best manner that may be . iv. he that forbeareth to sow his ground in expectance of a good winde or favorable moon , commonly hath a poor crop and purse ; so shall it fare with this state ; if private whisparings of discontented persons , that never learn't to speak well , be too nicely regarded , yet ought they not to be sleightly set at nought , lest our credit grow light , even in the ballance of our dearest friends . the papisticall libellers inform against us , as if we were desirous to grow fat with sucking of their bloud , the very walls of their seminary colledge at rome are bedawbed vvith their lying phansies , and in every corner the corner-creepers leave some badge of their malicious spleen against us , crying out of cruelty and persecution ; but if the penalty of death be changed into a simple indurance of prison , what moat in our eyes can they finde to pull out ? or vvith vvhat rhetorick can they defend their obstinate malapartness , which with repaying us ill for good , deserve to have coals of indignation poured upon their heads ? visne muliebre consilium ? said livia to augustus ; let severity sleep a while , and try what alteration the pardoning of cinna may procure ; the emperour hearkned to her counsell , and thereby found his enemies mouthes stopped , and the fury of their malice abated . some there are perchance that will term this clemency innovation ; and vouch the president of that city , which permitteth none to propound new laws , that had not a cord about their necks ready for vengeance , if it were found unprofitable ; but let such stoicks know , that there is great difference between the penning of a law , and advice giving for the manner of executing it ; neither ( by their leaves ) are all innovations to be rejected , for divine plato teacheth us , that in all common-wealths upon just grounds , there ought to be some changes , and that states men therein must behave themselves like skilfull musicians , qui artem musices non mutant , sed musices modum . v. that an evil weed groweth fast , by the example of the new catholique increase , is clearly convinced ; but he that will ascribe this generation simply to his majesties heroicall vertue of clemency , argueth out of fallacy , which is called ignoratio elenchi ; was not the zeal of many cooled towards the last end of queen elizabeths raign ? hath not the impertinent heat of some of our own side bereft us of part of our strength , and the papacy with tract of time gotten a hard skin on their consciences ? parva metus primo , mox sese attollit in altum ? but if we will with a better insight behold how this great quantity of spaun is multiplied , we must especially ascribe the cause thereof to their priests , who by their deaths prepare and assure more to their sect , than by their lives they could ever perswade ; it were incivility to distrust a friend , or one that hath the shew of an honest man , if he will frankly give his word , or confirm it with an oath , but when a protestation is made upon the last gasp of life , it is of great effect to those that cannot gainesay it upon their owne knowledge . the number of priests which now adayes come to make a tragicall conclusion is not great ; yet as with one seal many patents are sealed ; so , with the loss of few lives numbers of wavering spirits may be gained , sanguis martyrum , semen ecclesieae ; and though those priests having a disadvantagious cause , are in very deed but counterfeit shadowes of martyrs unto a true understanding , yet will they be reputed for such , by those that lay their souls in pawn unto their doctrine , with whom if we list to contend by multitude of voices , vve shall be cried down vvithout all peradventure , for the gate of their church is vvide , and many there are that enter thereinto . vi. by divers means it is possible to come to one and the self same end ; seeing then that the summe of our vvell-vvishing is all one , namely that popish priests may have no power to do harm , it is not impertinent to try sundry paths , vvhich may lead us to the perfecting of our desires . politicians distinguish inter rempublicam constitutam & rempublicam constituendam , according to the severall natures vvhereof statists art to dispose of their counsells and ordinances ; vvere now the rhemists and romulists new hatched out of the shell , the former course of severity might soon bury their opinions with their persons , but since the disease is inveterate , variety of medicines is judicially to be applyed . the romans did not punish all crimes of one and the selfsame nature vvith extremity of death ; for some they condemned to perpetuall prison ; and others they banished into an island or some remote countrey ; even in the case of religion they vvere very tender to dip their fingers in bloud ; for vvhen cato vvas consull , ( and it seemed good unto the senate to suppress with violence the disordered ceremony of the bacchanalls , brought by a strange priest into the city ) he vvithstood that sentence , alledging that there vvas nothing so apt to deceive men as religion , vvhich alwayes pretends a shew of divinity : and for that cause , it behoved to be very vvary in chastising the professors thereof , lest any indignation should enter into the peoples minds , that some-what vvas derogated from the majesty of god. others ( more freely ) have not spared to place relgion , ( i mean that religion vvhich is ignorantly zealous ) amongst the kinds of frenzie , vvhich is not to be cured otherwise than by time given to divert , or qualifie the fury of the conceipt , tantum religio potuit suadere malorum . vii . howsoever in valuing the power of a city or strength of arguments , quality and vvorth is to be preferred before number ; nevertheless vvhere the uttermost of our force is not known , it imports much to have it conceived ; that the multitude stands for us , for doubts and suspicions cast in an enemies vvay evermore makes things seem greater , and more difficult than they are indeed ; vve have by gods mercy the sword of justice drawn in our behalf , which upon short warning is able to disunite the secret underminers of our quiet ; we have a king zealous for the house of the lord , who needeth not to feare less success in shutting up of priests , than our late queen had , in restraining them in wisbich castle , where lest their factious spirits should grow rusty , they converted their cancer to fret upon themselves , and vomitting out gall in quod-libets , shewed that their disease was chiefly predominant in the spleen ; what tempests they have raised in their college at rome , their own books , and many travellers can witness ; the storm whereof was such , that sixtus quintus complained seriously of the vexation which he received oftner from the english scholars , then all the vassals of the triple crown ; and untruly is the magistrate noted of negligence or overmuch security , that layeth wait to catch the foxes , and the little foxes which spoyl the vineyard , though afterwards without further punishment he reserve them to the day wherein god will take accompt of their stewardship ; for if aristotles city , defined to be a society of men assembled to live well , be the same which in our law , hath reference to the maintaining of the people in peace , so long as we taste of the sweet of a peaceable government we cannot say but that we live well , and that the city consisting of men and not of walls is happily guided . viii . an oath is a weak bond to contain him that will for pretended conscience sake hold not faith with heretiques , or by absolution from a priest thinketh himself at liberty to fly from any promise or protestation whatsoever ; therefore when i remember that watson the priest , notwithstanding his invectives against the jesuits , gained liberty to forge his traiterous inventions , and had others of his society in the complot , i judge if safer to make recluses of them , than to suffer such to dally with us by books , and some idle intelligences cast abroad onely as a mist to bleare our eyes . but how shall we finde the meanes to apprehend those disguised romanists that borrow the shape of captaines , merchants , gentlemen , citizens , and all sorts of people , and by equivocation may deny themselves to be themselves ? in answer to this question , i will first shew the reason why they are not pursued and taken , and hereafter make an overture how they may be bolted out of their hutches ; the nature of man howsoever in hot bloud , it be thirsty of revenge , in a cold temper it hath a kind of nausea as i may call it , or a distaste of taking away the lives , even of the nocent , insomuch that in all sises and sessions , an offender can hardly be condemned , whom the foolish pitty of man will not after a sort excuse , with laying some imputation on the judge , part on the jury , and much on the accuser ; and such is their blind affection , that the prisoner who perhaps was never recommended for handsomeness , will be esteemed of them , for one of the properest men in the company ; from hence it comes that the name of serjeant , or pursevant is odious , and the executioner , although he be the hand of justice , is esteemed no better than an enemy of mankind , and one that lost honesty and humanity in his cradle ; reverend master fox was wont to say , that spies and accusers were necessary members in a common-wealth , and deserved to be cherished , but for his own part he would not be any of that number , or wish his friends to affect such imployments ; and albeit that the law permits , and commands every man to apprehend a felon , do we not see commonly very many content to stand by and look on while others performe that office ? likewise it is evident , that if such as are tender of their reputations , be very scrupulous personally to arrest men , for civill actions of debt , they will be more unwilling instruments of drawing their bodies to the rack or the gallowes , especially when there is any colour of religion to be pretended in their defence ; the diversity of mens faces is great , but the difference of their minds in this case is more variable , wherein the meanest have thought as free as the highest ; besides this , there are too many of the blind commonalty altogether popish , though indeed they make honourable amends for their treason ; verily i know not what misguiding of the mind it is , that maketh men forecast the possibility of alteration in matters of relgion , and for that respect they are exceeding backward in discovery , and laying hands on seminaries , yea and are timorous in enacting sharp lawes against them , as those that silently say amongst themselves , sors hodierna mihi , cras erit illa tibi . s●me also survive ? who , remember that in queen maries time , the protestants alledged a text , that the tares should not be plucked up before harvest , nay shall i speak a buggs word , there is no small number that stand doubtfull whether it be a gratefull work to cross popery , or that it may be done safely without a foul aspersion of puritanism , or a shrewd turn of their labours , at some time or other , by which unhappy ambiguity it comes to pass , that these animalia amphibia ( the priests i mean ) that prey on the souls and bodies of either sex , unatached , revell where they list , though they be more seen than a man dancing in a net ; how much fitter were it for us couragiously to invite them to our party , by preaching or confuting them by writing , and unto the state wherein we stand , wisely to apply the saying of the assirian king to his souldiers , you are fools ( quoth he ) if there be any hope in your hearts to redress sorrow by flight , or rather indeavour to make them fly that are the causers of your grief , assuring your selves , that more perish in flight , then in the battail , even as many seeking to meet the papists half way discomfort our own party . ix . it followeth now ( according to the method prescribed ) that an overture be made to get the jesuits and their shadowes the priests , into possession ; it hath been heretofore recited , that the unwelcome name of a bloud-sucker , a busie-body , or a puritane , hath been shrewd scar-crowes unto many honest minds ; by abrogating therefore of those or such like imputations many will be stirred up to undertake the apprehending of the adversaries unto the truth , especially when for their pains and time imployed , they shall deserve and have the title of good patriots , dutifull subjects , and zealous christians ; how ready is every common person to carry a malefactor to the stocks , rather then unto the gaole or execution ? and doubtless they will be no less forward to attach a priest , when they are assured that the worst of his punishment shall be a simple restraint within the walls of an old castle . a certain kind of people there is , with whom money playes a more forcible orators part , then any perswasion of the dutifull service which they owe to the commonwealth , these men will not be negligent to give intelligence , and also to procure it faithfully ; provided that reward may help to line their thread-bare purses , and exempt them from need to sell liberty unto seminaries ; and where assurance of gaine is propounded for discovery , what master or house-keeper will trust his servant with keeping of his priest , or sleepe quietly while he is engaged to the danger of a mercenary ? i remember that in italy it was often told me , that the bountifull hand of sir francis walsingham made his intelligencers so active , that a seminary could scarcely stir out of the gates of rome without his privity , which success by mediation of gold may as readily be obtained from syvill , ●●●●dolid , doway , 〈◊〉 paris , and any other places , and by forewarning given of their approach , they may be waited for at the ports , and from thence soon conveyed to a safe lodging . but whence shall the stream flowe that must feed this bounty ? it is a doubt easily satisfied , if some thousands of poundes out of the recusants penalties be reserved in stock , and committed by his majesty unto the disposition of zealous distributers , who will not be afraid to conclude perdat fiscus , ut capiat christus ; neither need we seeke any further succour to repair decayed castles , and therein to defray the charge of the priests , with a sure guard to keep them , than the aforesaid forfeitures that by the justice of the law may be collected ; which course if every it come happily to be entertained , and that recusancy cease to be an ignominious prey to the subject , the proceedings for religion shall be less blamed , and perhaps altogether unjustly accused by any graceless gretzerus or cacodaemon johannes , tincting their pens in gall and vineger ; for besides occasion of calumniation given by sutes of that nature , it is evident that many recusants that would be indicted for the king , and the effecting the project aforesaid , shall escape without punishment , and be borne out against the power of a private person ; begging to no other purpose , than hath heretofore been used : and albeit the penalty be rated at l. a moneth , yet was it never the law-makers intent , that such as were not able to pay so great a summe , should go scot-free , but that according to the proportion of their ability , they should do the penance of their purses , whereas now if the voice of the people ( which is said to be the voice of god ) is to be credited , the poorer sort is skipt over , as if they owed no souls to god , nor duty to their soveraign . a poor man ( saith one ) is to be pittied , if he offend through necessity , but if he do amiss voluntarily , he is more severely to be chastised , for so much as wanting friends , and meanes to bear him out , if sheweth that this fault proceeds from presumption . x. let us now pre-suppose , that all the whole regiment of jesuits of seminaries were lodged in safe custody , may we then perswade our selves , that popery will vanish like a dumb shew ; i am clearly resolved that though it receive a great eclipse , notwithstanding without other helps the kingdome of antichrist will onely be hidden , as a weed that seems withered in the winter , and is ready to sprout out vvith the spring . temporall armes are remedies serving for a time , but the spirituall sword is permanent in operation , and by an invisible blow workes more than mortall man can imagine . the word of god carrieth this two-edged weapon in his mouth , which is to be used by faithfull ministers of the church , whom pure zeal , without respect to worldly promotion , or persons , ought to encourage : of judges the scripture saith estote fortes ; and daily we see , that sitting in their judiciall seats , god inspireth them with greater courage , than when , as private persons , they are to give their opinions ; no less is the power of the holy ghost in his servants , that out of the pulpit are to deliver his ambassage ; let them therefore not be dismaid to speak out plainly , and tell the truth , without running a middle course between heat and cold , unprofitable discanting upon the scripture , with an old postile , or for want of better matter waste the poor time shut up in an hour-glass , with skirmishing against the worthy pillars of our own profession : rumor which is ever ready to take hold of evill , hath raised a secret , though ( as i hope ) a causless suspicion , that there should be some combination underhand , by changing the state of questions , to put us in our old dayes to learn a new catechisme , and when they have brought us out of conceipt with the reverend interpreters of the word , to use us then as the wolves ( mentioned in demosthenes apology ) handled the shepheards when they had delivered up their dogs . most sacred was that speech of our gracious king concerning vorstius , he that will speak of canaan , let him speak the language of canaan . how can we draw others to our church , if we cannot agree , where , and how to lay our foundation ? or how may we cleanse the leprous disease of dissention , which the papists which are least assured to themselves , and most doubtfull of their salvation , are not ashamed to ascribe unto many of us ? i would not have ministers indiscreet like dogs to barke against all , whether they know or know them not , i like better the opinion of aristotle , who adviseth those that stand in guard of a place , to be curst onely to such as are about to endammage the city : if pursevants or other civil officers , would learn to keep this rule , they might go about their business with much credit . the imagined fear of inviting the romish faction by force to deliver their ghostly fathers out of prison , moves me not a whit ; for i cannot believe that they esteeme them at so dear a price , as they would runne the hazard , by freeing others out of hold , to put themselves into their places . some will say that a man of straw is a head good enough for a discontented multitude ; that the papists are very chollerique it appears sufficiently by their writings , yet it hath pleased god to send those curst cowes short hornes ; that when they should not finde a man of sufficiency to serve their turn , they were faine to do homage to garnetts straw , forgetfull as they are that such stubble cannot endure the tryall of fire : but unto us , that ought to be doers , as well as professors of the gospell , let this remain as a memorable theorem ; religion is the mother of good order , good order is the cause of prosperous fortune , and happy successe in all counsells , and enterprises , therefore in what estate soever there wanteth good order , it is an evident argument that religion goes backward . xi . i have ever held it for a kinde of injustice to omit the execution of mean lawes , made to prevent the effects of idleness , and then to apply main extremity of the sword , when the proling habit gotten by that vice comes to light ; no less is the course uncharitable ( with pardon for this presumption be it spoken ) when we spare them that have no religion at all , and censure those that can give an accompt of somewhat tending to that purpose . he that is in misery must be born withall if he speake miserably , and when the child from his mothers brest hath sucked nothing but popery , a man had need to be angry with discretion if he hear him speake in the voice of a papist . god calleth some by miracle , but the ordinary meanes is his word ; if that meanes in any place of this land be wanting , of what religion is it likeliest the people will be ? i suppose that few men will gainesay my assertion , that outward sence will direct them to popery , which is fuller of pageants than of spirituall doctrine ; and what is the cause that after so many yeares preaching of the gospell , the common people still retaine a scent of the roman perfume ? the cause is for that the formall obedience of coming to church hath been more expected than the instruction of private families , publique catechizing is of great use , but the first elements thereof are to be learnt at home , and those things which we learn from our parents , sticke more surely in our mindes ; what was the cause why the spartans continued their government so many revolutions of times , without mutation ? histories record , that learning their countrey customes from their infancy , they could not be induced to alter them ; and in this our native soile we perceive , that the common lawes which rely on antient customes , are better observed than late statutes , of what worth soever they be : so doth it fare with the poore people , which being once seasoned with the old dreggs of papisme , will hardly be drawn from it , till the learning of the true faith be growne to a custome . i will prescribe no order nor officers , to effect this ; but i suppose that the antient laudable course , by the bishops confirmation , will not be sufficient to fulfill so great a taske , the minister must and ought to be the principall and immediate hand to give assistance to so gracious a worke ; and in case any be defective in their duty , the reverend bishops may take notice thereof in their severall visitations . perhaps it will be thought a hard task to constrain old people to learn the a. b. c. of their christian beliefe , but how hard soever it be , i hold it no incivility to prepare people of all ages for the kingdome of heaven . by the order contained in the book of common prayer , on sundayes and holy-dayes , half an houre before evensong the curate of every parish ought to examine children sent unto him , in some points of the catechisme ; and all fathers , mothers , masters and dames , should cause their children , servants , and prentises , to resort unto the church at the time appointed , there to heare and be obediently ordered , by the curate , untill such time as they have learnt all that in the said booke is commanded , and when the bishops shall appoint the children to bee brought before them , for their confirmation , the curate of every parish shall send or bring the names of those children of his parish which can answer to the questions of the catechisme ; and there ought none to be admitted to the holy communion , untill such time as he can say his catechisme , and bee confirmed , many times i have stood amazed , to behold the magnificence of our ancestours buildings , which their successours at this day are not able to keepe up , but when i cast mine eyes upon this excellent foundation laid by the fathers of the church , and perceive their children neglect to build thereupon , with exceeding marvell , i rest almost besides my selfe , for never was there better ground-plot layd , which hath been seconded with lesse successe : it was not the bull of pius quintus on the bishop of londons doores , or the forbearing to hang up priests that have wrought this apostacy , but the idleness and insufficiency of many teachers , conspiring with the peoples cold zeale , that hath beene the contriver of this webb . untill the eleventh yeare of queene elizabeths raigne , a recusants name was scarcely knowne , the reason was because that the zeale begotten in the time of the marian persecution was yet fresh in memory , and the late persecutors were so amazed with the sudden alteration of religion ; that they could not chuse but say , digitus dei est hic . in those dayes there was an emulation betweene the clergy and the laity ; and a strife arose whether of them should shew themselves most affectionate to the gospell ; ministers haunted the houses of worthiest men , where jesuits now build their tabernacles ; and poor countrey churches were frequented with the best of the shire ; the word of god was precious , prayer and preaching went hand in hand together , untill archbishop grindai●s disgrace , and hatefields hard conceipt of prophecying brought the flowing of those good graces to a still water ; the name of a papist smelt ranck even in their owne nostrills , and for pure shame to be accompted such , they resorted duely both to our churches and exercises ; but when they saw their great coriphaeus sanders had slily pinned the names of puritans upon the sleeves of the protestants that encountered them with most courage , and perceived that the word was pleasing to some of our own side , they took heart at grasse , to set little by the service of god , and duty to their soveraign . therewith start up from amongst us , some that might have been recommended for their zeale , if it had been tempered with discretion , who fore-running the authority of the magistrate , took upon them in sundry places and publiquely to censure whatsoever agreed not with their private conceipts , with which grosse humours vented in pulpits and pamphlets , most men grew to be frozen in zeal , and in such sort benummed , that whosoever ( as the worthy lord keeper bacon observed , in those dayes ) pretended a little spark of earnestnesse , he seemed no lesse than red fire hot , in comparison of the other . and as some fare the worse for an ill neighbours sake , dwelling beside them , so did it betide the protestants , who seeking to curbe the papists , or reprove an idle drone , were incontinently branded with the ignominious note of precisian , all vvhich vvind brought plenty of vvater to the popes mill , and there vvill most men grinde vvhere they see apparance to be vvell served . xii . if without great inconveniency , the children of the papists could be brought up out of their company , it were a happy turn , but i finde it to be full of difficulty ; there is provision made to avoid popish school-masters , but there is no word against popish school-mistresses , that infect the silly infants while they carry them in their arms ; which moveth me to suppose that the former proposition to examine how children and servants are brought up , and truely to certifie the list of the communicants and recusants , will be the readiest means to let his majesty know the yearly increase or decrease of the church in every diocesse . and whosoever shall send his children , or any of his majesties subjects to be placed in monasteries or seminary colleges , or popishly to be brought up in forraign parts , i think that for punishment both one and the other worthily might be diffranchised of the priviledge due to english men , so farre forth as any good by the laws may descend to them , but not to be exempted from the penalties thereof in the regall jurisdiction of the crowne . i know well that contradiction is odious , and makes a man seem ambitious to be though tmore understanding than others , in which case the spaniard useth only to 〈◊〉 me 〈◊〉 presumptuous , whom he would call foole , if civility would bear it ; but in my defence , i hope it shall suffice againe to revive my former protestation , that i discourse by the way of proposition , rather than arrogantly of defining any thing , with pardon therefore may i bee permitted to say , that the first easie law of twelve pence , inflicted on him that could not give a reasonable excuse for his absence from church on sundayes , was one of the best ordinances that hath hitherto been enacted ; but while we sought to make new statutes , savouring of more severity , we neglected the old , and were loath to execute the new , for it is a certaine rule , that whosoever in policy will give liberty , and yet seem to suppresse a crime , let him procure sharpe lawes to be proclaimed , which are necessary only for some times , and rare occasions , to be put in execution , but not to be an ordinary worke for every day of the weeke ; daily use likewise teacheth us , that it is lesse grievous to punish by an old lawe than by a new , for so much as truth it selfe seldome gets credit without proof , and it is hard to free the people of suspition , that new lawes are not rather invented against the particular persons and purses of men , than against their corrupt manners ; by force of which reason i am induced to conceive , that the old use of the church contained in good nurture , and ecclesiasticall censures , will much more prevaile to muzzle popery , than any fresh devises whatsoever ; neither do i thinke it blame-worthy to affirme , that our cause hath taken harme by relying more on the temporall than the spirituall armes , for while we trusted that capitall punishments should strike the stroke , we have neglected the means which would for the most part have discharged the need of such severity ; the oath of allegiance is not offered generally to servants and mean people , who if they had taken the oath , by absolution of a priest might recoyle from it , or change their opinion at leasure , without any ready meanes to discover their legerdemaine , that oath i feare will not be often pressed , and to them that shift from place to place , how can it be tendred ? the principall papists now cover themselves in the crowd of the multitude , but if we can discover the affection of the multitude they will easily be unmarked , and being singled out rest ashamed of their nakedness ( which under correction of better judgement ) may be effected , if every new commer to inhabit in a town , and servants newly entertained , within a week or fourteen dayes , be caused to repaire to the minister , there in presence of the church-wardens and other honest men , to subscribe unto such briefe and substantiall articles concerning faith and allegiance as shall be according to gods word and justice ordained to distinguish the sheep from the goats ; in forrain countreys every host is bound to bring his guest before an officer , there to certifie his name , with the occasion of his comming , and intended time of aboade in those parts , and in case he stay longer , he must again renew his licence ; so curious and vigilant are they also to keep their cities from infection , that without a certificate witnessing their comming from wholsome places , they may not escape the lazaretto ; no lesse ought we to be watchful to prevent the contagion of our souls , than the other nations are of their bodies . every thing is hard and scarcely pleasing in the beginning , but with time some such course may be readily put in execution , which i propound rather as matter for betterheads to work on , than peremptorily to be insisted on in the same termes ; but lest any charge me with temerity , that where i desire to know the multitudes inclination , by the means aforesaid , i satisfie my self with their parrats language , pronouncing it knows not what , i think it not impertinent to put them in mind , that heretofore i have required instruction , both precedent and subsequent , and am ever of the mind , that though all this cannot be done at once , yet it is necessary alwayes to be doing our best ; knowing , that not to go forward in religion , is the ready way to go backwards ; it is not the outward obedience of comming to church , that discovers the inward thought of the heart , it is the confession of the tongue that must utter those secrets , and where the curates are insufficient , or the parish great , i wish they had catechists to assist them , maintained by the purses of the recusants , which pension being collected for gods cause , will free us of scandall , though it grieved them to pay the spirituall army waged against their owne stratagems ; surely by giving them way in petty matters , they are grown to be very masterfull in their party . plato affirmeth that the popular state proceeded from the licence which the people took to make immoderate applauses in the theaters , when as by arrogating that immunity without controllment , in presence of their governours , and perceiving the nobility to joyn with them in the same passions , they thought their heads as worthy to governe , as any of those were made out of the same mould : in like manner while we suffer ignorance openly to maintain such petty glimps of popery as are thought to be searce worthy to be looked at , in small matters run an indifferent course , which neither makes sure friends nor feeble foes , unawares they take the bridle from us , and eat out religion , as it were by an insensible gangrena : principiis obsta , sero medicina paratur cum mala per-longas invaluere moras . for by sufferance of breaking small laws people are boldned to set the greater at nought . to comprehend all things in a law which arc necessary to the reformation , i neither hold it profitable nor expedient , yet it is discretion to provide for the most important , smaller matters whereof the lawes speak not are to be commended to the discretion of parents , ministers and other reverend persons , who by example and advice may prepare younglings by education and custom to obey the laws , especially such as are in high place ought in this behalf to be like caesars wife , non , solum crimine , sed etiam criminis suspitione vacare , and with such circumspection to behave themselves , that the world may conceive , in requiring obedience to god , and their soveraign , that they hold the multitude rather for companions than slaves ; if great men take another way , they may seduce many by example , though by words they expresse not their concealed opinions , t●ce & leq●re said god to moses , it is the speech of the heart , which utters more than letters , or sillables . and in our common lawes it is held maintainance , when a great person onely by his presence countenanceth a cause ; neither let us secure our selves with this argument , the papists are pliable in small matters , ergo , they will yeeld in greater ; and because they took no arms in . therefore it were needlesse curiosity to suspect them now : for who knowes not that small baits are used to take the greatest fish , vt cum esca una etiam hamus devoretur . warinesse is the sinews of wisdome , and nothing is more dangerous than to be secure in matters of state. therefore for the laws already made , i wish that the most effectuall of them which least concern life , may be executed ; for better it were not to make them , than by neglect to set them at liberty : seeing that many offences there are which men would abstain from , if they were not forbidden , but when a strict commandement is avoided without punishment , thereout springs an unbridled license and hardly to be reformed by any rigour . to conclude , i say freely , that whoso endeth his dayes by a naturall death , he shall be subject to many mens dooms for every particular offence ; but when for religions sake a man triumpheth over the sword , that one eminent vertue razeth out the memory of other errours , and placeth him that so dieth in paradise , ( if common opinion may be lawfully vouched ) vvhich glory having many followers and admirers , maketh even dull spirits to affect their footsteps , and to sell their lives for the maintenance of the same cause . i need not envy the name of a martyr to the jesuite ; for his cause if it be rightly vveighed , will blanch that title ; but i desire to have all those lineaments defaced , vvhich may compound that counterfeit image ; in prosecuting of vvhich purpose , if i have failed in my advice , and by confused handling , intricated the question , i humbly request , that a vvise mans verdict may mitigate the heavinesse of the censure . it is neither good to praise bad counsels , because of their good successe , nor to condemn good counsels , if the event prove not fortunate , lest many be animated to advise rashly , and others disheartned to counsell gravely . illi mors gravis incubat qui notus nimis omnibus ignotus moritur sibi . august . anno domini . the manner and meanes how the kings england have from time to time supported and repaired their estates . written by sir rob. cotton knight and barronet , anno nono jacobi regis annoque domini . london : printed in the year . the manner and means how the kings of england have from time to time svpported and repaired their estates . the kings of england have supported and repaired their estates , first , by an annual proportioning their issues , and expences , with their certain and casual revenues . and that either by advice of their privie covncel , or by parliament ▪ secondly , by abating and reforming the excess of houshold , &c. thirdly , by raising of money , and improving the revenues of the crown . first , for proportioning of the issues , &c. henry . anno . when the revenue and profits of the kingdome , together with the subsidy of wool , and tenth of the c llergie , amounted to no more then l . of which marks were alotted for expence of house ; most of the rest to the guard of the sea , and defence of this kingdome , the realme of ireland , and dominions in france : in this estimate the profits by wards and marriage , was but l. and then an ordinance was made by the king , prince , and all his counsel there named in the roll. the like was anno . when for the charge of house was appointed l. and l . to the city of london , in discharge of the kings debt to them . henry , anno . did the like as his father , entring upon the roll as an ordinance in future , that the treasurer of england , or the exchequer shall annually make declaration of the state of their office , and the revenue of the realme , together with the charge of the kings house , chamber , wardrobe , garrisons , navy , and debts . anno . henry . the like assignments were made proportionable to the revenue which in the great custome of woolls , the petty custome , tunnage and poundage , revenue of wales , and the dutchie of cornwall , the hamper , the accounts of sheriffs , escheators , the exchange of bullion , and the benefit of wards and marriage ( then rated at but one thousand marks apiece ) rose not to above . l. and being at such time as he undertook the conquest of france . anno . henry . the revenue of the kingdome amounting to . l. . s. . d. was so by the king with advise of his counsel ordered , as before . and by this record it appeareth , that that clerks of the navy , and not the treasurer was the officer only for that place . henry . anno . . in parliament , cromwell then treasurer , delivering up an account of the exitus and introitus of the exchequer , setled the estate of his expence , of which there was allowed for his house . l. and to his chamber and wardrobe l. the rest to defray the debts and necessary occasions of the state. queen elizabeth anno . at which time besides the wards and dutchy of lancaster the profit of the kingdome was . l. . s. the payments and assignments . l. . s. of which the houshold was . l. privy purse .l . admiralty . l. which by an estimate . may , anno . was . l. and is now swolne to near l . yearly by the errour and abuse of officers . secondly , by abating and reforming the excess , . of houshold . . of retinue and favorites . . of gifts and rewards . first , for abating and reforming the excess of houshold , either , by parliament or councel table . . by parliament . anno . edward . an ordinance was made prohospitio regis , in ease of the people oppressed with purveyance by reason of the greatness thereof ; and the motive of that ordination was , a l'honneur de dieu , et a honneur , et profit de sainct eglise , et a l'honn●ur de roy et a son profit , et au profit de son peuple , selon droit et resonel serment que le dist nostre signeur le roy fist a son coronement . and about this time was the king's house new formed , and every officer limited his charge and salary . anno . edward . the houshold was reformed at the petition of the people . anno primo richard . the houshold was brought to such moderation of expence , as may be answerable to the revenues of the crown . and a commission granted at the petition of the commons to survey and abate the houshold ; which not taking desired effect , anno . the commons petition that the excessive number of menial servants may be remedied , or otherwise the realm will be utterly undone , and that his houshold might not exceed the ordinary revenues of the realm . anno . henry . the people crave a reformation of the kings house . and anno . that he would dismiss some number of the retinue ; since it was now more chargeable , but less honourable then his progenitors ; and that the antient ordinances of the houshold , in ease of the people might be kept , and the officers of the houshold sworn to put the ordinances and statutes in due execution , and so consider the just greifs of his subjects by unjust purveyance contrary to the statute . that hereafter vous poiez vivre le voz biens propres en ease de vostre peuple , which the king willingly doth , as appeareth by an ordination in councel , whereby the charge of the houshold is limited to markes . annis . & . henry . the charge of the kings house is reduced to a certainty , and lessened by petition and order in parliament . anno . edward . the king promiseth to abate his houshold , and hereafter to live upon his own : so setling a new forms his court which is extant in many hands , intuled , ordinations for the kings house . and to ease the charge of the kings house , the queens have allowed a portion of their joynture suting to their own expence to the treasurer of the houshold . thus did philip the wife of edward . and likewise henry . wife anno . and henry . wife allowed . l. a year out of her estate . . excess of the houshold abated and reformed by the councel-table . edward . caused his houshold to be certain in allowances , making thereof a book by way of ordinance , which is called aul. regis . henry . causeth his son the prince , and the rest of his councel , to ordain such moderate governance of his house , that may continue au plaisir de dieu et du peuple . henry . anno . reduced his charge of house to . l. whereof . l. was out of the queens joynture . edw. . anno duodecimo reformeth it again , and publisheth a book of orders for their better direction . which after cardinal woolsey for the more honour and profit of the king amendeth , and that still remaineth the ground-work of the present government : which being now so much corrupted , it may seem fit , either to put down the tables , and leave all attendants to allowance of money , as france and spain doth , or else ●y setting up the hall again , reduce the houshold to the best , first , and most magnificent order . so all things being spent in publique , will be to the kings honour , and the secret waste by chamber , diet , and purloining , prevented to the kings benefit . for there is never a back-door in court that costs not the king . l. yearly , and few mean houses in westminster , that are not maintained with food and firing , by the stealth of their court-instruments . by abating and reforming the excess of retinue and favorites . thus did henry . with william de ipre earl of kent , a netherlander , and all his countreymen and followers ; when they grew heavy and a burthen to this state , unable to foster more then her own natural children . thus richard . did with otho earl of york , and all the bavarians , although he was the sonne of his sister , taking from him that earldome , for that the people opposed it , and giving him in exchange the title of poictife . thus henry . did with his half-brethren the earl of pembroke , and the bishop of winchester , and all the poictons theit followers . thus did edward . by this ordinance , que tout le lignage sire pieres de gaveston soit entirement ouste de estre entoines le roy et de son service . item burgois de til soit ouste et son fias que est mereschal del ' eschequer . item que bertram assabi et son frere et ceux de gascoigne , et aimyrick de friscomband soint oustre et ses terres prises en le main le roy. thus richard . did with the bohemians anno . by an act of parliament at the petition of the people surcharged . thus henry . did likewise with the gascoignes and welch overburthening and impoverishing the king and realm with perpetual suits , so that in courts ( as the record saith ) there were ne ad mill substance des personnes vaylantes et suffesants : si besoigne seroit mes de rascaile pur la grendre part . by abating and reforming the excess of gifts and rewards . hence was it that the wisdome of former time , foreseeing the mischief that the open hand of the soveraign may bring , the state made a law . richard . that whatsoever cometh to the king by judgement , escheate , forfeiture , wardship , or any other wayes , , shall not be given away , and that the procurer of any gift , shall be punished . this the parliament continued . henry , until the king were out of debt , making frustrate the grant , and ordaining a penalty of double value to every mover or procurer of any such . the like anno . henry . and that no petition for any thing should be delivered the king , but in the presence of the councel , who might examine it , least the king's wants should light upon the commons . and to keep the hand of henry . from wasteful giving , the councel induced him to convey to the arch bishop of canterbury and others , all profits , by wards , marriages , reliefs , escheats and forfeitures , to defray the charge of his house . it is one of the greatest accusations against the duke of somerset , for suffering the king to give away the possessions and profits of the crown in manner of a spoil : for so are the words of the record . and it was made the first and cheifest article to depose richard . for wasting and bestowing the lands and revenues of the crown upon unworthy persons , and thereby over-charging the commons by exaction . thirdly , raising of money , and , improving the revenues of the crown . either by the grant of the subject , or power absolute in the soveraign . . grant of the subject , which is general , as in parliaments , or particular by lones compulsive or benevolent . general , as in parliaments , wherein they give the king part of their own , by way of retribution only ; as for defence of the state. hence grew the scutage granted to hen. . richard . john , and henry . to edward . divers fifteens and tenths for his wars against the scots and welshmen . the subsidie of woolls and other contributions to edward . for his wars : and the like granted to richard . annis . . . so they may be imployed in the wars : and particular treasurers to accompt in parliament . so in the . and . of henry . on the like condition . tunnage and poundage begun the . edward . had hence its original ; and therefore . henry . and . henry . they are granted so in express words ; and that they proceed of good-will , and not of duty . presidents of this nature are plentifull in all the rolls . for maintenance of religion and the church . as in the year . to henry . was given twelve pence in the pound : and in the . edward . a fifteenth was granted to expel the jews . and anno . richard . a tenth of the clergie , and a fifteenth of the commons , for his help to suppress the wicklivian heresie . for support of the laws and liberty of the common-wealth . so did the state to henry . anno . for confirmation of the great charter , for the like anno . was granted . edward . and . edward . and . henry . that the laws may be executed against purveiors . for redress of the agrievances . as in the . edward . so that the king would perform their petitions , or else they held themselves not bound to pay the ninth they had given . the like was the , , , . and . richard . the . and . granted the . and . of henry . is upon condition , that the king laid no impositions upon the state. and . edward . the state releiveth the king , so he will promise to live hereafter upon his own , and not burthen the state , the which he there protesteth to perform . and it is to be observed that to improve the grants of subsidies to the extreamest value , there were new commissioners appointed to survey and advance mens fortunes above the estimate of the former taxes , and commissions have been granted out , as . richard . or to enable him out of his own by an act of resumption of lands , offices , annuities . thus did henry . anno . and edward . anno . to . & . by an ordination of the prelates , earles and barons . all grants made by edward . to unwornthy persons , richard . resumed anno primo , and by henry . anno . . all pattents for life or years since . edward . were resumed . at the petition of the people hen. revokes all grants out of the principality made to unworthy persons , and all annuities out of the customes of wools , deducting out . l. a yeare out of all other annual pensions ratably , leaving the remain , if any , to the pattentees . hen . annis . . . resumeth in england all lands , offices , liberties and grants from annis primo , and the like anno . in ireland . so did edward annis . . . and henry . anno . resumed all grants made by edward . or richard . particular by lones or benevolences . voluntary , or compulsive . first upon lones voluntary , as upon assurance of bond of the nobility . so was william de la poole bound for edward . anno . in great summes , and the. duke of glocester anno . henry . and the cardinal pawned ws silver vessels for henry . debt . vpon pawn of jewels . thus did henry . anno . to the archbishop of york , and when his own were at gage , he took aurum et jocalia faeretri sancti edwardi confessor . and pawned them . edward . imployed one andevar ad jocalia sua impignoranda . edward . pawned his jewels to the lord beaumont . edward . pawned magnam coronam angliae to sir john wessingham for . years . richard . pawned vasa aurea et diversa jocalia to sir robert knolls . henry . invadiavit tabellam et tresellas suas argenteas de hispania . henry . pawned his great crown to the rich bishop of winchester . henry . to the same man then cardinal pawned many parcels of his jewels in the , . and . of his reign , and the like to many others . and the late queen to ease her people did the like with her jewels in the tower , besides the often morgage of her land . lones voluntary upon assignments of customes and subsidies . so did cardinal beauford lend . l. to henry . anno . upon security of the customes of london and southampton , the king indenting to turn the course of most trade thither . and henry . anno . and edward . anno . did secure their debts by assignment over of the next subsidie or aide that shall be granted from the church or laity to them , being a devise in truth to draw on a supply the sooner from the state. lones voluntary upon the great seal or the privy seal . the great seal , under which they should have without paying fee a patent sealed for repayment of their dues by a day certain . the privy seal , which is of late the most in use ; and it is worthy of observation to see the willingness of former times in respect of these . in the . of henry . there is a roll intituled les nomes de ceux que ont da prester an roy les somnes escrits . the arch-bishop of canterbury lent . marks , the bishop of lincoln as much , the bishop of norwich . l. the bishop of london . markes , the bishop of bath marks , the lord privy seal . l. the clerks of the chancery . markes . particular grants of the subject by lone compulsive . so were the merchants of florence , venice and luke , compelled by an order in councel henry . because they had by grace et sufferance du roy graunts , priviledges et reportants grand lucre pour le exercise de leur merchandre en le angle terre . and the persons that refused to lend were committed to the fleet , neither were the english more free , in anno . henry . divers being enjoyned to attend the councel-table , or else to pay the demanded lone . in the time of henry . anno . of his reign he exacteth by way of lone , ten pounds in the hundred of all goods , jewels , utensils and land , and according to the extreamest rate revealed by oath of the possessors . notwithstanding there is a law . richard , . that none shall be denyed in demand of any lone , his reasonable excuse . particular grants of the subjects by contribution or benevolent gifts . these were of old usual and free , and therefore called liberalitas populi , by richard . and curialitas , by ed . ed. . henry . and henry . confessed to proceed ex spontane voluntate , nec de jure vendicare potest . yet did henry . anno . in an instruction to commissioners imployed in procuring a benevolence , say , that for so much as by the law he might compel all his subjects , and at their own charge to attend his ; yet he was contented to spare such as would but contribute asmuch after his degree and reputation as two days in his personal service would stand him in , thereby implying a necessity in them to give , to escape a further expence . this law , upon which henry : grounded himselfa was by a statute in queen maries time repealed . and that since repealed this last year , hath made are reviving of the former , whereby the king is readmitted into his old advantages , and the subject in the former mischief . and henry . anno . although he entituleth the benevolence he sought with no other stile then an amicable grant , yet he threatened the refusers with convention before his councel , imprisonment , and confiscation of goods . the kings raise money , and improve and revenues of the crown , by power absolute in the soveraign , in disposing , . lands , . merchandize . . regalities . . lands , as by selling ; which hath been often the old , if they were not of the antient demeasne-land , which our forefathers held impious to alienate from the crown , and those were such lands as go under the title of terra regis , in the book of domesday , and were the lands of edward confessor : of other lands i never observed question , neither do ever find that acts of resumptions ever reached to lands that were sold for valuable consideration . by passing in fee-farm , except places of the kings residence , parks , spacious wastes or forrests , all the lands of the the crown , which remain either in the annexation , custody lands , or queens jointure , and exceed not yearly . l. these , although largely estated out in several natures , some for lives , some for years , will one with the other be advanced to a treble rent , which amounting to . l. leaving an annual improvement of . and if the offer be not made restrictive for the new tenant , there is no doubt but his majesty shall find ready and hearty undertakers amongst the gentry and nobility too , who have any place of residence neer any his majesties mannors ; and the kings security the better , since their abilities will settle the pre-farm rent upon more land then the purchase . if any shall object against this , a loss by fines and profits of courts , a prejudice in not serving necessity ( as of late ) by sales or diminution of regalities in seisure of so many royalities . it may be answered to the first , that the casual profits of courts never defrayed to the present officers their fees and expences ; and this appeareth from a collection made the . year of the late queen , where the total issue of such certain charge exceeded the receipt of such chances above . l. to the second , if looking upon the several rates of the kings lands , exposed to fee-farm sales , we find some at . other at . years as to the late contracters , and make out of these extreams a medium of the largest . years , and set on the other side the common and current estimate for dead rents . years purchase : we must find , that l. land sold un-improved respectively to the like trebled by a fee-farm , will be . l. loss to his majesty in the sale . as for regalities , though it may adde somewhat to a subject , in increasing such his petty command , it can nothing to a sovereign , whose transcendent power drown'd in it all such subordinate dependances & regards . but if we consider besides the former improvement , the increase of casual advantage , and diminution of certain charge , we shall have just cause not to continue this course ; for if the commissioners in this business , may be ordered by instruction to reserve upon every mannor of above . per annum , a tenure in knight-service by half a fee , and of above . l. in capite by an intire fee , and of the purchase to pay his rent into the receipt himself half yearly , and strike there his tally : the former will advance the revenue accidental of the crown in wardships , primier seisin , alienation and aides ; and the latter cut off at once so many their unnecessary receivers , auditors , stewards , bayliffs and clerks , as stand the king in yearly above . l. as for other dues or casual revenues , which now fall under the charge of these officers , the collection and payment may be as it hath been with the rest from the time of henry . until of late dayes laid on the sheriffs of the shire , and all the accounts left to the . auditors of the press to draw up , and clerk of the pipe to enter in magno rotulo as in former time , for it must seem strange to all men of judgement , that it should be with those officers ( who had their beginning but since the , year of henry . by addition of his new revenue of . l. from the suppressed monasteries ) otherwise then with all things in nature , and reason , cessante causa cessat effectus , not to be discontinued , when as all crown-annexed lands that gave them their just imployment , are for the most part passed from the soveraign into the subjects possession . besides this of the general disposing in fee-farm , there hath been a project in particular to infranchise the copy-holders in the several mannors , which i should hold to be of more prejudice to his majesty then the others , bringing with it all the former inconveniences , loss of fines , regalities , and advantages of sale , and being without many of the advantages , as wardships , primiers seisein , alienation and aids ; for no man will buy quillets but in soccage , and discontinuance or officers , who must still remain , though they can bring the king but little benefit . kings raise money , and improve their revenues , by farming out for years , lands , casualties , or wastes . as in the . henry . . the state held it more just to help the king out of his own , then to burthen the common-wealth , and therefore gave way by parliament to the king to improve up his lands , though in lease provided that the leassee should have refusal of the bargain if he would . edward . anno . granted a commission to farm out all such wastes , quod absque iniuria alterius fieri potest . and in anno . asserted a great part of his woods for rent , and disforrested in most counties of england for a summe of money they gave him . and it was not the least of charitable thrift in the king , to reduce much of his waste to habitation of christians , especially the remote forrests , which would increase many thousand families for his service , and bring many thousand pounds to his coffers . but in the carriage of this business there must be much caution to prevent commotion , for in them there are many that have right of common sans nombre . and the resolution in agreement with them must be suddain , and confident , for multitudes are jealous and inconstant . and the instruments to effect this , must be such as are neighbours , interessed and popular , not strangers ; and the first demise to the inhabitants , and at under and easie values . kings raise money , and improve the revenues of their crown , by manuring of lands . thus did henry . anno . in removing out of most of his parks as gillingham , brigstock , cliff , woodstock , haverel , &c. all mens cattle pro bobus , pro lardaria regis in parcis praedictis impinguendis . and edward . commanded all the escheators in england . excolere seminare & appropriare ad maximum regis proficuum ownes terras , quae regi & coronae suae devenerint per mortem aliquorum vocationem episcopatium , &c. kings raise money and improve the revenues of their crown by merchandise . trading themselves . . licencing others to trade in commodities , . improving customes . lawful or unlawful . . trading themselves . thus did edward . anno . seise into his hands all the wools in the kingdome , as the merchants were lading them in the ports , giving them security of payment at a long day , and a short price , and then transporting them to his own best and readiest sale . thus did edward . anno . with all the tin. and henry . anno . by advice of his councel took up by way of purveyance great store of grain , and transported it into gascoigne , where by reason of a dearth , the price was extream . in anno . he arrested all the tin in southampton , and sold it to his own present use : and in the year following using the advantage of the statute , which bound all men to trade the staple commodities to no other place but call●ce , vented himself many sacks of wool to other ports of better advantage . and the late queen anno . causeth by warrant of privy seal a great proportion of beer to be purveyed , transported and sold to her use beyond the seas . kings raise money and improve the revenue of their crown by licencing others to trade commodities . lawful or vnlawful . . lawfully , but solely . thus did henry . by approbation of parliament , with all the trade of allome , for two years granted to the merchants of southampton for . . and again for the like sum to those of genoway . . unlawful or prohibited . thus did many of the kings , ( after such time as the heavy burthen of imposition began in the miserable necessity of henry . called then by no better name then maltolt ) and continued until the . year of richard . by divers intermissions , for then i find the last petition of many in parliament against it , was altogether taken away . for when richard . and his successors found the revenue lessened , by the importunate cry of their people , whereby impositions were laid aside , they began to advise another supply out of the unbounded power of supposed prerogative , and finding a greedy desire of one merchant to prevent another of his market ( restrained by that act or statute , which tyed them to one time , and to one port callaice , for all staple commodities ) they used to sell licences with a clause of non obstante of any statute , whereby they dispensed with multitudes , to trade with what commodities and to what places they would . to the merchants of newcastle richard . gave leave to carry wool-fells &c. to any other port besides callaice , upon condition that they should pay for them custome and subsidie according le sage discretion de vouz ou de vostre sage counceil . to diverse citizens of london , henry . in the like sort dispenceth for great quantity of tinne for seven years , paying . . yearly above the usual custome . henry . annis . . . reneweth to the town of newcastle the same licence they had anno . richard . and granteth . sacks of wool to benedict benoni merchant of florence , with non obstante any statute or restraint : in this year such licences were so frequent , that the town of callaice complained in parliament of their decay thereby ; yet without relief as it seemeth . for the same king anno . giveth leave to lawrence barbarico to transport from london to cicester . sacks of wool to what ports he list : and edward . anno , borrowing , l. of divers merchants , permitteth them non obstante any law to carry any staple commodities to the straits of morocco until they were satisfied their sum . henry the . raiseth much money , by giving leave to many merchants to trade inward and outward commodities prohibited , as to alonso de burgues great proportions of ode anno . and to a multitude of others all kind of grain and other forbidden things , as in annis , , . kings raise money and improve the revenues of the crown , by improving customes . by . farming out of ships . . raising the book of rates . . farming the customes . . farming out of ships . to the merchants , and taking security of them , either to bting in or carry out yearly asmuch commodities , as shall yield the king in customes the sum agreed on , or else to make it up out of their own money . thus did henry . many years , not only with his ships , but with divers stocks of money . . raising the book of rates . this was in some sort done consensis mercatorum by edward . and edward . and again in henry . time , of which the house of burgundie complained , as against the treaty of entercourse ; and of late so stretched , as it is feared it will prove the overthrow of trade : neither do i find this course at any other time . as a branch of this , may aptly fall out the benefit princes made by a prerogative power of imposing inward and outward upon commodities , over and above the antient custome of subsidie . the first that used this course after the statute was settled , from a king of voluntary government after the conquest ( when as kings ruled more by the edge of the sword then by rule of law ) was henry . about the entrance of his reign ; but finding it to be an apparent overthrow of commerce and trade , and against the great charter ; made proclamation anno . in all ports of england that all merchants might come faciendo rectas et debitas consuetudines , nec sibi timeant de malis toltis , for it had no better name then maletolts . some impositions being laid by edward . he in anno . taketh them away , with promise that neither he nor his successors should do any such thing without assent of the parliament , granting in anno . to the merchants many immunities , as release of prisage , for which they requite him with some increase of customes , but not as imposed by his own power : for he in anno . declareth that no tallage or aide should be levied without the assent of parliament , nor nothing to be taken of woolls by colour of maletolt . in edward . time , it appeareth that levying of new customes and raising of old , was the destruction of traffique , and therefore repealeth all maletoltes , only in anno , . taketh by way of lone , and with leave of the merchants , some former increase upon wools , ascribing nothing to any supream power to impose . the like did ed. the . anno . confirming in anno . the great charter for free traffique : but having about anno quinto granted certain commissions for a new kind of raising tallage , the people complained the year following , whereupon he repealed the said commissions , and promiseth never to assess any , but as in time of his ancestors . after in anno . by reason of a statute then made ( restraining all men upon pain of death for transporting any wools without licence from the king and councel ) edward the third made great advantage by selling of dispensations of that law , and grounded upon it many impositions ; but it grew so heavy upon the people , that their discontentments so far increased , that the king was enforced to cause the arch-bishop of conterbury to perswade them to patience by his godly exhortations , yet notwithstanding he continued by gentle intermissions the advantage he had by that late undecimo , taking an improvement of custome for opening the passage that thereby was shut in anno . until the same year the state made purchase of their former freedome , and discharge of the malotolt , by granting the tenth sheafe and fleece &c. and thus it continued all his reign , being a time of great necessity and expence by reason of his wars , he sometimes taking an advantage either to raise an imposition , or else to gain aide from the people in discharge thereof , they continually urging the injury in barring them their birth-right : and the king on the other side the greatness of his own occasions , and it may be gathered by record , that thus it held on until the . richard . in which year is the last petition against impositions , generally grounded in likelyhood from the kings power in restraining or permitting trade all the time after ; though licences with non obstante were ordinary , yet were they to private persons and for particular proportions of commodities , whereby the kings succeeding raised no less benefit then by sale of any general permission . to this of imposition i may add the rule i find , anno . henry . made in councel , that the value of all goods for the payment subsidie , shall be rated of commodities domestique as they may be sold between merchant and merchant : and if forreign , then so it shall appear upon oath of the merchant or his factor , they stood them in at the first ; and the general maxime which limits all regall advantage upon trade of merchants is , ut causa honesta sit et necessaria , ratio facilis , tempus idoneum . . farming out of customes . so did edward . with the new and old customes at london for . markes monethly to be paid unto the wardrobe . the like he did anno . richard . anno . letteth out for term of life the subsidie of cloth in divers countries . and edward . anno . the subsidie and usuage of cloth. thus did henry . with his customes , and since his time , the late queen , and our now soveraign master ; and it was so then in use in the best governed state rome , which let out portions and decim's to the publicans . kings raise money , and improve the revenues of the crown . by regalities ; . temporal , as for liberties . penalties of lawes , letters of favour . . mixt. liberties . in granting , restraining or renewing them . it is a course usual , that kings have raised in money by calling in question the charters and liberties of corporations , leets , free-warrens , and other royalties . thus did richard . proclaiming , quod omnes chartae et confirmationes , quae prioris sigilli impressione roberaverint , irritae forent nisi posteriori sigillo roborentur . and henry . anno . enjoyned all qui suis volebant libertatibus gaudere , ut innovarent chartas suas de novo regis sigillo , getting money thereby . edward . by divers commissions with articles ( called articuli de ragman ) annexed to them , called in question about anno . all the liberties and freedomes of england ; gilbert de thorneton his attorney putting information by quo warranto against all persons , as well bodies politick as others ; whereby they were inforced anew to renew their charters and fines for their liberties . the like was in anno . edward . in whose time anno . all clauses of allowances by charter of amerciaments , fines , &c. imposed by the kings ministers upon any of the tenants , of other men were adjudged void , and the penalties made payable to the kings officers , unless they made a new purchase of their liberties . and this was one of the usualest and easiest meanes to raise money from the people ; because it lighteth onely upon the best abilities . and if there were now but . l. taken of every corporation ; of every person that holdeth by charter his liberties .l . for renewing them : and of every one that claimeth by prescription . l. for purchase of a charter , all which would be easie and acceptable , it would amount to above . l. for penal lawes that have been sometimes but with ill success wrought upon . when richard . anno . began this course , appointing in all his commissions and instructions , bushey onely to be of the quorum for compounding with the delinquents , it wrought in the affection of his people such distaste , that it grew the death of the one , and deposition of the other . no less fatal was the like to empson : and there is no string will sooner j●rre in the common-wealth then this , if it be generally touched . for letters of fav●●● . either for mitigation of dispatch of justice . of the first sort there be many found in henry . and edward . time , sometimes of protection , although by course of the common law none are warrantable but to such as are going in obsequium regis , or ibidem moraturi , sometimes freeing men from arrests by calling them up to appear before the kings councel : sometimes in causes highly criminal releiving the prisoner , in commanding the judges to make stay of all proceeding upon supposal of indirect practises until the king was better informed . of the second sort there are many in henry . time , where the king hath taken money for writing to the judges of assize his letters of favour . for offices . thus did king john with the chancellor-ship , selling it for term of life to gray for . markes : divers offices now in the gift of the master of the rolls were engaged to the chancellour and treasurer of england , as are to be found in record of henry . henry . and henry . to be passed by warrant of the kings hand , and upon some consideration . and henry . renewed this course , using dudley as his instrument to compound with suitors of those and any other places . and by that record we find the chancellor , the chief justice , the keepers of most of the records , the clerks of the assizes and peace , the masters of his game and parks , and what else carrying either profit or reputation , paid to the king some proportion of money for their places . neither is this different from the course of other states . for in france lewis . called the father of his country , did so with all offices not being of judicature , which his successors did not forbear . in spain it is usual , and vasqui the spanish advocate defendeth the lawfulness of it : and charles the fifth prescribeth it to his son , as a rule in his last instruction , drawing his ground of reason and conveniency , from the example and practise of the see at rome . the like might be of all inferiour promotions that are or may be in the kings gift , whether ecclesiastical or temporal , if they were after the true value in profit and reputation listed into rankes , according to the several natures of their imployments respectively . for honours . and that either by power legal or election . of the first it is only in respect of land , whereby every man is to fine when the king shall require , that hath ability to be made a knight and is not , of this sort there be plenty of examples . the other out of choise and grace , as hugo de putiaco bishop of durham , was by king richard . created earl of northumberland for a great sum of money : and i doubt not but many of these times would set their ambition at as high a price . and for his majesty now to make a degree of honour hereditary , as barronets , next under barons , and grant them in tail , taking of every one . l. in fine , it would raise with ease . l. and by a judicious election be a meanes to content those worthy persons in the common-wealth that by the confused admission of many knights of the bath held themselves all this time disgraced . for the coine and bullion . by which although some kings out of a last shift , have seemed to relieve themselves , yet was it in truth full of danger and distrust to the common-wealth ; being an assured token of a bankrupt state : and to the prince in conclusion , of most disadvantage . for the revenues of the crown being commonly incertain rents , they must in true value , howsoever in verbal sound , be abated to the proportion that the money shall be abased . and every man will rate his commodity in sale , not according to the accompt of pence or pounds , but to the weight of pure silver contained in the currant money . as for example , that which was before the dec●ying of the coine worth five shillings the pouud weight , will ( if the allay be to the half ) be held at ten shillings ; and so in every proportion respectively . for money is not meerly to be esteemed in respect of the sculpture or figure ; but it must value in pecunia quantum in massa : and silver is a commodity as other wares , and therefore holdeth his estimation as they do according to the goodness . and the lord treasurer burleigh in anno . when the currant of state-councel affected an abasement of coine , after a grave deliberation advised the queen from it , and never would give way to any such resolution in his time . but that benefit which truly the king might more make of bullion then now he doth , is to erect again cambium regis his own exchange . an office as antient as before henry . and so continued unto the middle of henry . the profit of it being now ingrossed among a few gold-smiths , and would yield above . l. a year if it were heedfully regarded , and then should the king himself keep his mint in continual work , and not stand at the devotion of others to supply bullion , and should never want , the materials , if two things were observed : the one to permit all men bringing in bullion , to trade outward the value thereof in domestick commodities at an abated custome . the other to abate the mighty indraught of forreign manufactures , and unnecessary wares , that the outward trade might over-balance the inward , which otherwise will ( as it hath done ) draw on this desperate consumption of the common-wealth : which anno . edward . was otherwise , for then the exitus exceeded the introitus by far , and in the last times of the late queen as in anno . for at this time the unmeasurable use of luxurious commodities was brought in ( as wines , spices , silk , and fine linnens , &c. ) for of the latter sort of above ten groats the ell there is above . l. yearly spent , which is half the value of our cloths transported , maketh the state to buy more then they do sell , whereas a good father of a family ought to be vendacem and not emacem . besides the condition of our people is now such , that the greater part neither get nor save , which in a private house is an apparent argument of ruining , and must be no less in a common-wealth . and it is observed generally , that hence the want of bullioin now is such , that there is not money in specie sufficient to pay the lenders their principal , so that usury is paid for money upon supposition , and not really . if then his majesty shall be pleased by advise of his councel , to advantage himself any otherwise by coinage , it will be safer to do it upon a simple mettal , then by any implyant or beater suite , which well governed states both modern and antient used : for rome in her increase and greatest pitch of glory had their money aere argento , auro puto puro , and so have all the monarchies absolute at this day in christendome . and i believe it may be wrought to his majesty of good value , and to the state of much ease , if it may be put in practise with discreet caution and constant resolution ; for the danger onely may be in the venting of the quantity , which may clogge the state with useless money , or extension of the example , which may work in by degrees an embasement of bullion . the proportion that i would hold beneficial and safe , should be in the mass , at first . l. by which his majesty should gain . clearly : the increase annual . l. in which his majesty should gain . and the limitation , that none be enforced to take any but in summes under s. and then but the twentieth part proportionably . against this some may object , that it will either not advantage the king so much as it projected , either from the difficulty in venting , or facility in counterfeiting , or else prejudice the estate with a worthless money . the benefit to the king will easily fall out , if he restrain retailers of victual and small wares from using their own tokens , for in and about london , there are above . that one with another cost yearly . l. apiece of leaden tokens , whereof the tenth remaineth not to them at the years end , and when they renew their store , which amounteth to above . l. and all the rest of this realm cannot be inferiour to the city in proportion . and the form and figure may with an engine so subtilly be milled , that the charge will prevent all practise of false play . for the prejudice since london , which is not the . part of the people of the kingdome , had in it found above . by a late inquiry by order of the late queen , and so falleth out to be d. a person , in the intire state it may nothing , either of loss by the first uttering being so easie , nor burthen any with too great a mass at a time , since continual use will disperse so small a quantity into so many hands . but on the other side will be to the meaner sort ( except the retailers that made as much advantage formerly of their own tokens , as the king shall now ) of necessary use and benefit : for the buyers hereafter shall not by tyed to one seller and his bad commodities , as they are still , when his tokens , hereafter made currant by authority , shall leave him the choise of any other chapman ; and to the poor in this time of small charity , it will be of uch relief ; since men are like to give a farthing almes , that will not part with a greater sum . besides , it cannot but prevent much waste of silver , that is by the minting pence and half pence occasioned , there will be no cause hereafter to cut any bullion into proportion so apt for losse : what that hath been may be conjectured , if we mark but of the great quantities from the peny downward since henry . time stamped , how few remain : whereas of all the coines from three pence upward which are manual , plenty pass still in dayly payment . regalities mixt . as for restitution of the temporalities of abbots and bishops . for which henry . received great sums . corrodies in cathedral churches . and having in every cathedral and collegiate church , as incident to his crown a corradary , made money of it , at the highest rate he could . vacancy of bishopricks . the benefit at the vacancy of any bishop some kings have used to their best advantage , making a circular remove of as many as in reputation and profit was inferiour to the place void . concurrent jurisdiction as the pope had in former times . besides , there are two of no mean commodity . the one is grounded upon a concurrent jurisdiction with every ordinary in the diocess , which the king by having the power papall in that point invested in him by act of parliament , may exercise by his commission , or otherwise remit to the ordinary for some valuable respect . thus did cardinal woolsey with warham the arch-bishop , and all other the bishops of the kingdome , after he had got his legative power . and this if it were put in practise would draw to the king . l. in his coffers . tenths of the church-lands now in the laity . the other is the short account yielded the king of such ecclesistiacal tenths and duties , as were often or annually paid unto the pope in former times , and now by statute invested in the crown : for in former times the see of rome received them not , as only out of the meer spiritualities , but also from out of all the temporalities of spiritual persons ; which land being now divided from the church into the hands of the laity ; yet ought they to pay this duty , since they were settled in the crown by a former law , and no subsequent ever hath discharged them . an ansvver to certain arguments raised from supposed antiquity , and urged by some members of the lower house of parliament , to prove that ecclesiastical laws , ought to be enacted by temporal men. written by sir rob. cotton knight and barronet . london : printed in the year . an ansvver to certain arguments raised from supposed antiquity , and urged by some members of the lower house of parliament , to prove that ecclesiastical lawes ought to be enacted by temporal men. what , besides self-regard , or siding faction , hath been the main reason of the lower lay-house labour in parliament , to deal with lawes of the church , the milder members have yielded a right which they would maintain by former presidents , raising the same from . primitive use . . middle practise . . interrupted continuance . professing the same by the laws of . the roman empire . . the saxon kings . . the english parliaments so to do . which since it may raise a prejudice to the church's peace , or to the soveraign's power , unopposed ; i will make way ( in a word or two ) to the better answer of some other pen. what they say is not to be denied , that in course of civil laws under the christian emperours , there be often constitutions ecclesiastical ; and in the councels of the church ( frequent ) the soveraign's power , and sometimes the presence of lay-ministers ; yet may their assertion admit to the first , this answer of justinian ; principes , sapientes , episcoporum monita , pro fide & religione christiana , leges synodicis canonibus conformes edidere , recte judicantes , sacerdotum sanctiones merito majestatis regiae nuturoborari . so that those decrees of the civil lawes , will prove but confirmative of former canons , as may be gathered by that of volentinian and martian . emperours , who wrote unto paladius , their praefectus pratorii , that all constitutions , that were against the canon of the church should stand void . and to the second , that their presence was to dignifie , and not to dispute ; the direction proveth , that the emperor theodosius gave to candidianus an earl , by him to the ephesian councel sent ; non ut quaestiones seu expositiones communicaret , cum sit illicitum quia non fit in ordine sanctissimorum episcoporum , ecclesiasticis tractatibus intermisceri . and valentinian the elder , though petitioned by the bishops to be present at their synod , said ; sebi , qui unus e laicorum numero esset , non licere hujusmodi negotiis se interponere . and by the council of carth. and affrican , likewise it appeared ; that even princes would intermeddle with these matters ; but saepius rogati ab episcopis . and the emperor gratian taught , as zozimus saith , omnes laicos nihil potestatis inres ecclesiasticas posse sibi vindicare . and the former emperor . enacted ; in causa ecclesiastici alicujus ordinis cum judicare debere , qui nec manere impar est , nec jure dissimilis , sacerdotes de sacerdotibus judicare . according to that saying of constantine the great ; vos enim a deo nobis dati estis dii , & conveniens non est ut homo judicet deos. thus then stood the practice of the primitive church ; which when it was in those times otherwise , as under constantius the arrian , athanas . saith of him ; haereseos veneno imbutos milites , sicarios , eunuchos comites , faciebat sacerd. judices , & cogebat umbratiles synodas , quibus ipse cum monstris illis praesiperet . whereas otherwise that emperor , even in the height of pagan greatness , ascribed to their pontifices and sacerdotes in common right , propter religionem comitia habere propria , and that stabili sententiâ rarum erat , quod tres pontifices communi decreto statuissent the second objection . ecclesiastical laws enacted in parliament . to the second , as it is in the former true , that many canons of the church are interlaced with the common-wealths , although the saxon laws , and that the establishment should be by parliament , which they infer out of the frontispian , of inas statutes in these words : ego inae rex , ex tractatione episcoporum , et omnium aldermannorum meorum , & seniorum sapientu● regni mei , & confirmatione populi mei ; do ordain &c. yet may receive this answer . first , that the commons did but confirm and not dispute ; which to this day is in their summons comprized only ad consuet udinen . but whosoever shall collate the transcript copy with the original , called textus roffensis , will find these ordinances , not called leges but synodalia , and almost all by the king and church-men onely made . neither was it new in this isle that priests directed alone the government , when as the best record of our eldest memory saith , that the druides , ( a religious pagan order ) not only divinis intersunt , religiones interpretantur , but de omnibus ( as caesar saith ) controversis publicis privatisque confirment , sive de heridet amento , sive de finibus , & praemia & paenas constituunt . and if any , sive privatus , aut populus decreto eorū non stererit , sacrificiis interdicunt . and this excommunication amongst them , was paena gravissima . neither did the times of christianity here bereave the church of all such will. for in the saxon time they intermedled in the framing of the temporal lawes , and ought , as appeareth by an ordinance of that time de officiis episcopi : cum seculi judicibus interesse ne permittent si possint , ut illinc aliqua pravitatum germina pullulaverint . and surely , since these time until of late , the inferiour ministers of the church , aswel as bishops , had suffrage in parliament . for john de rupescissa ( a story as old as king john's time ) saith , anno . convocatum est parliamentum londoniae , presidente archiepiscopo cum toto clero . & tota secta laicali . and in the . of edward the . the members of parliament defective in their appearance , the king chargeth the arch-bishop to punish the defaults of the clergie , as he would the like touching the lords and commons . and in third of richard the second , against a petition in parliament contradicting provisions , the prelates and whole clergy , make their protestations ; and to a demand of the lay-commons , for the king's aide the year following , the whole clergy answered , that they used not to grant any but of their free will. and in the eleventh of the same king , the archbishop of canterbury made openly in parliament a solemne protestation for himself , and the whole clergie of his province , entered by word ; the effect whereof was , that albeit they might lawfully be present in all parliaments , yet for that in those parliament matters of treason were to be intreated of , whereas by the canon law they ought not to be present , they therefore absented themselves , saving their liberties therein otherwise . and in the . of richard the . for that divers judgements were heretofore undon ; for that the clergie were not present ; the commons prayed the king , that the clergie would appoint some to be their common proctor , with sufficient authority thereunto . the bishops and clergie therefore being severally examined , appointed sir thomas piercy their proctor to assent as by their instruments appeareth . and the same year , upon the devise of sir thomas bussey , most of the bishops and lords were sworne before the king again , upon the cross of canterbury , to repeal nothing in this year enacted . so did sundry the proctors of the clergy , and most of the commons , by holding up one of their hands , affirmed that they the same would do . in the judgement of the duke of norfolk , and earl of warwick the same year , the name and assent of the procurator of the clergy alleadged . and in the first of henry . the bishop of assaph , for arch-bishop and bishops ; the abbot of glassenbury , for all religious persons ; the earl of gloucester , for dukes and earls ; the lord of barkley , for barons and barronets ; sir thomas irpingham chamberlain , for batchelors and commons of the south ; sir thomas gray , for batchelors and commons of the north ; sir william thirming and john mekham justices , for the whole estates , came to the tower to king richard to whom sir william thirming , for and in the name of them all , pronounced the sentence of deposition , and the words or resignation of homage and loyalty . and when it was enacted anno . henry . by the king , lords temporal and commons , that no man should contract or marry himself to any queen of england , without the special licence and assent of the king , on pain to lose all his goods and lands ; the bishops and all the clergie to this bill assented , so far as it was not against the law of god. and thus far for answer to the second part . the third reason . ecclesiastical lawes enacted in parliament . the last , which they granted from presidents , parliaments since the conquest , they infer out of the phrase , and out of the practise ; the first by these words : rex wintoniae celebravit magnum concilium coram episcopis , comitibus , & baronibus , mistaking the word , as intending a provincial synod , whereas it was in those dayes equal and usual for their parliament , that french phrase never having admission in that sence here untill the time of henry . and then but rarely . that great assembly being formerly instiled magnum consilium ; and until of late often enjoyed the same name . and this is evident out of the words of benedictus abbas in the life he wrote of the . . henry ; circa festum sancti pauli , venit dominus rex usque northampton , & magnum ibi celebravit consilium de statutis regni sui coram episcopis , comitibus baronibus terrae suae , & per consilium militum & hominum suorum . here the intent manifesteth the nature of that assembly , and the fuller , in that the same author in the same year , saith , that richardus cantuar. archiepiscopus , and rogerus eboracensis cum sufraganeis suis congregatis apud westmonasterium in capella monachorum infirmiorum tenuerunt consilium ; or their convocation ; which had been needless if in their first , they might have done their church-affaires . here might i enter into a large and just discourse , as well of the authority as antiquity of their convocation or synod provincial , no less antient , as beda mentioneth , then in the year . when austin adjutorio regis , &c. assembled in councel the brittain bishops ; from which unto this day there is successive record of councels or convocations , less interrupted then of parliament . practice . now touching our practise to ordain in parliaments lawes ecclesiastical , either meer or mixt , although it be by record evident , yet must it admit this difference : first , that it sprung not from our dispute , or desire , but solely from the petitions of the church , as usual is in all the rolls of parliament , receiving their distinct title from those of the commons . and this they did to adde seculare brachium to their former cannons , too weak to reach to corporal punishments ; as in the fifth of richard . when to suppress the schismes , the clergy became in parliament the petitioners to the kings laity ; where these words of their assistance are , excluding the commons from any power of advice : habita prius bona & matura deliberatione de communi consilio ipsius archiepiscopi , suffraganeorum suorum , aliorumque clericorum , super quo idem archiepiscopus supplicavit , ut pro debita castigatione illorum qui conclusiones schismaticas praedicare voluerint , animo obstinato dignaremur apponere brachium regiae potestatis ●idem . and this aide was in order in the conquerors time ; who by edict commanded , that every marshal , episcope & deo faceret rectum secundum canones & episcopales leges . which if he doth not , after excommunication , fortitudo et justitia regis adhibeatur . and this even in the primitive church , was thought convenient : because as saint ambrose saith , for the like intent , to the emperor valentinian ; non tantas vires sermo mecus habiturus est pro trinitate bellum gerens , quantum edictum tuum . hence it is that at this day , the king's authority is annexed ever to the convocation ; as in the antient church were the like decrees of kings ; as those of eruigius ratifying the twelfth councel of toledo . nemo illiciator vel contemptor vigorem his institutionibus subtrahat , sed generaliter per cunctas regni nostri provincias hoec canonum instituta nostrae gloriae temporibus acta , et autoritatis debitae fastigia praepollebunt , & irrevocabili judiciorum exercitie prout constituta sunt in omnibus regni nostri provinciis celebres habebuntur . si quis autem haec instituta contemnat , contemptor se noverit damnari sententia ; id est , ut juxta voluntatem nostrae gloriae , et excommunicatas à nostro caet●resiliat ; & in super decimam partem facultatis suaefisci partibus sociandam , amittat . but that the church-laws ever moved from the lay-members , i take it as far from president , as it is besides nhe nature of their commission : the bishops and clergy being onely called in the writ to that service , the word being , to come in fide & delectione , ad declarandum consilium & avisamentum , & ad consentiendum iis quae tunc de avisamento & assensu cleri nostri ( and not the commons ) cotigerit affirmari . but if any shall object unto me , that many laws , as that of the supremacy in henry . time , had first the ground in parliament ; it is manifested , by the dates of their acts in convocations , that they all had properly in that place the first original . and that this was the use of old , nothing will leave it so clear , as to observe the fruitless success of the laity , in all their endeavours to establish ecclesiastical laws ; and this i will manifest by the kings answer out of record , so far as the rolls of parliament will admit me , successively . until the . of edward the first , there is no record extant ; but in that the commons petition to the king , that a law may be made against usurers ; the king gave answer , that it must be remedyed , coram ordinariis . and when they desired remedy , de multimodis injustis vexationibus eis factis per officiales & alios ministros ecclesiae ; the king replyed ; cancellarius emendat in temporalibus ; archiepiscopus faci●t in spiritualibus . from hence there is a lack of record near to the . of edward . in which parliament the commons desire an act to restrain the clergie in their trivial citations ; whereunto they received from the king but this answer onely ; that the king will charge the bishops to see it remedyed . and the first of richard the . preferring the like petition against corruption of ordinaries , to do according to the lawes of holy church . and in the fifth of the same king , they complain against abuses in ecclesiastical courts . respons . the king will charge the clergy to amend the same . and in the . year , when they required an act to declare the age of the titheable wood ; they had for answer , the king would move the bishops for order between this and the next parliament . and in the of richard . when they petiotioned for a residing learned ministry , so as the flock for want might not perish ; they had replyed , that the king willeth the bishops to whom that office belongeth , to do their duties . henry the . in his second year , desired by the lords and commons to pacify the schisme of the church ; answereth , he will charge the bishops to consider the same . and in his fourth year , being importuned for an act for residency of ministers ; replyed le roy command an prelats et perentrecy ils empurvoient de remedie . and in the eleventh of the same king , to the like petition ; respons : ceste matiere appartient a st. eglise et remede en la darraine convocation . in parliament under the . henry and his first year , the king answereth the commons petition , against oppressing ordinaries ; if the bishops do not redtess the same , the king will. and in anno . henry . to a petition that non-residents should forfeit the profit of their living ; gave answer , that he had delivered the bill to my lord of canterbury , and semblably to my lord of york ; charging them to purvey meanes of remedy . and in the year following , to a petition that patrons may present upon non-residencie ; respons : there is remedy sufficient in the law spiritual . since then it is plain by these rehearsed answers , that from the conquest , they have received but weak admittance : and by the edict of the first king william in these words , a sharp restraint ; defendo et mea authoritate interdico , ne ullus laicus homo de legibus quae ad episcopum pertinent se intromittat . and that the saxon synodals , are rather canon-laws , then lay-mens acts. and the practise of the primitive church , if well understood , but a weak prop to their desire , it may not seem distastful from the king ( walking in the steps of his ancestors , kings of this land ) to return ( as formerly ) the commons desires to their proper place , the church-mans care . and to conclude this point in all parliaments , as martian the emperor did the chalcedon councel ; cessat jam profana contentio ; nam vere impius & sacrilegus est , qui posttot sacerdotum sententiam , opinionisuae aliquid tractandum reliquit . and with the letter of gods law ; qui superbicrit nolens obedire sacerdotis imperio , ex decreto judicis morietur hono . the argument made by the command of the house of commons ( out of the acts of parliament , and authority of law expounding the same ) at a conference with the lords , concerning the libertie of the person of every freeman . written by sir rob. cotton knight and barronet . london : printed in the year . the argument made by the command of the house of commons ( out of the acts of parliament , and authority of law , expounding the same ) at a conference with the lords , concerning the liberty of the person of every freeman . my lords , vpon the occasions delivered by the gentlemen , your lordships have heard , the commons have taken into their serious consideration the matter of the personal liberty : and after long debate thereof of on divers dayes , aswell by solemn arguments as single proportions of doubts and answers , to the end no scruples might remain in any mans breast unsatisfyed ; they have , upon a full search and clear understanding of all things pertinent to the question , unanimously declared , that no freeman ought to be committed , or detained in prison , or otherwise restrained by the command of the king , or the privy councel , or any other , unless some cause of the commitment , deteinor , or restraint be expressed , for which by law he ought to be committed , detained or restrained : and they have sent me with other of their members to represent unto your lordships the true grounds of such their resolution , and have charged me particularly ( leaving the reasons of law and presidents for others ) to give your lordships satisfaction , that this liberty is established and confirmed by the whole state , the king , the lords spiritual and temporal , and the commons , by several acts of parliament , the authority whereof is so great , that it can receive no answer , save by interpretation or repeal by future statutes : and those that i shall mind your lordships of , are so direct to the point , that they can bear no other exposition at all ; and sure i am , they are still in force . the first of them is the grand charter of the liberties of england ; first granted . johannis regis , and revived . hen. : and since confirmed in parliament above . times . the words are these ▪ cap. . nullus liber homo capiatur vel imprisonetur , aut disseisetur de libero tenemento suo , vel libertatibus , vel liberis consuetudinibus suis , aut ut lagetur , aut exuletur , aut aliquo modo d●struatur : nec super eum ibimus , nec super eum mittemus , nisi per leg ale ●udiciu● parium suorum , vel per legem terrae . these words nullus liber homo , &c. are express enough . yet it is remarkable , that mathew paris ( an author of especial credit ) doth observe fol. that the charter . henry . was the very same as that of the . of king john ( in nullo dissimilis are his words ) and that of king john he setteth down verbatim fol. . and there the words are directly , nec ●um in carcerem mittemus : and such a corruption as in now in the point might easily happen betwixt . henry . and . edward . when this charter was first exemplified : but certainly , there is sufficient left in that which is extant to decide this question : for the words are , that no freeman shall be taken or imprisoned but by the lawful judgement of his peers ( which is by jury ; peers for peers , ordinary juryes for other , who are their peers ) or by the law of the land : which law of the land must of necessity be understood to be of this notion , to be by due process of the law ; and not the law of the land generally : otherwise it would comprehend bondmen ( whom we call villaines ) who are excluded by rhe word liber : for the general law of the land doth allow their lords to imprison them at their pleasure without cause , wherein they only differ from the freeman , in respect of their persons , who cannot be improsoned without a cause . and that this is the true understanding of these words , per legem terrae , will more plainly appear by divers other statutes that i shall use , which do expound the same accordingly . and though the words of this grand charter be spoken in the third person ; yet they are not to be understood of suits betwixt party and party ; at least not of them alone , but even of the kings suits against his subjects , as will appear by the occasion of the getting of that charter ; which was by reason of the differences between those kings and their people ; and therefore properly to be applied unto their power over them , and not to ordinary questions betwixt subject and subject . secondly , the words per legale judicium parium suorum immediately preceeding the other of per legem terrae , are meant of trials at the kings suit , and not at the prosecution of a subject . and therefore if a peer of the realm be arraigned at the suite of the king upon an indictment of murder , he shall be tryed by his peers ; that is by nobles : but if he be appealed of murder by a subject , his tryal shall be by an ordinary jury of . freeholders , as appeareth in . edward . . henry . brooke title trials stamf. pleas of the crown lib. . cap. . fol. . and in edward . it is said , such is the meaning of magna charta . by the same reason therefore , as per judicium parium suorum extends to the kings suit ; so shall these words per legem terrae . and in . edward . rot . parl. m. . there is a petition , that a writ under the privy seal went to the guardian of the great seal , to cause lands to be seized into the kings hands ; by force of which there went a writ out of the chancery to the escheator , to seize against the form of the grand charter , that the king or his ministers shall out no man of free-hold without reasonable judgement , and the party was restored to his land ; which sheweth the statute did extend to the king. there was no invasion upon this personal liberty until the time of king edward . which was eftsoon resented by the subject : for in . edward . . cap. . it is ordained in these words : it is enacted , that no man from henceforth shall be attached by any accusation , nor fore-judged of life or limb , nor h●s lands , tenements , goods nor chattels seized into the kings hands against the form of the great charter and the law of the land. . edward , cap. . is more full ; and doth expound the words of the grand charter ; and is thus : whereas it is contained in the great charter of the franchises of england , that none shall be imprisoned nor put out of his freehold , nor of his franchise nor free custome , unless it be by the law of the land. it is accorded , assented and established , that from henceforth none shall be taken by petition or suggestion made to our lord the king , or to his counsel , unless it be by indictment or presentment of his good and lawful people of the same neighbourhood where such deeds be done , in due manner , or by process made by writs original at the common law , nor that none be put out of his franchises nor of his freeholds , unless he be due brought in answer , and forejudged of the same by the course of the law , and if any thing be done against the same , it shall be redressed and holden for none . out of this statute i observe , that what in magna charta and the preamble of this statute , is termed by the law of the land , is by the body of this act expounded , to be by process made by writ original at the common law ; which is a a plain interpretation of the words , law of the land , in the grant charter . and i note that this law was made , upon the commitment of divers to the tower , no man yet knoweth for what . edward . cap. . is yet more direct ; ( this liberty being followed with fresh suit by the subject ) where the words are not many , but very full and significant : that no man , of what estate or condition soever he be , shall be put out of his lands or tenements , nor taken , nor imprisoned , nor disinherited , nor put to death , without he be brought in answer by due process of the law. here your lordships see , the usual words , of the law of the land , are rendered by due process of the law. . edward . . rot. parl. n. . amongst the petitions of the commons one of them ( being translated into english out of french ) is thus . first , that the great charter , and the charter of the forrest , and the other statutes made in his time , and in the time of his progenitors , for the profit of him and his communalty , be well and firmly kept , and put in due execution , without putting disturbance , or making arrest contrary to them , by special command , or in other manner . the answer to the petition , which makes it an act of parliament , is : our lord the king , by the assent of the prelates , dukes , earles , barons , and the communalty hath ordained and established ; that the said charters and statutes be held and put in execution according to the said petition . it is observeable that the statutes were to be put in execution according to the said petition ? which is , that no arrest should be made contrary to the statutes , by special command . this concludes the question , and is of as great force as if it were printed . for the parliament-roll is the true warrant of an act , and many are omitted out of the books that are extant . . edward . rot. parl. nu . . explaineth it further . for there the petition is : item , as it is contained in the grand charter and other statutes , that no man be taken or imprisoned by special command without indictment or other process to be made by the law upon them , aswel of things done out of the forrest of the king , as for other things ; that it would please our said lord ; to command those to be delievered , that are so taken by special command , against the form of the charters and statutes aforesaid . the answer is , the king is pleased , that if any man find himself greived , that he come and make his complaint , and right shall be done unto him . . edward . cap. . agreeth in substance when it saith , though that it be contained in the great charter , that no man be taken , nor imprisoned , nor put out of his freehold without process of the law : nevertheless divers people make false suggestions to the king himself ; as well for malice or otherwise , whereof the king is often grieved , and divers of the realm put in damage , against the form of the the said charter , wherefore it is ordained that all they which make suggestions , shall be sent with the same suggestions before the chancellour , treasurer and his grand council ; and that they there find surety to pursue their suggestions : and incur the same pain that the other should have had if he were attainted , in case that his suggestion be found evil ; and that then process of the law be made against them , without being taken and imprisoned against the form of the charter and other statutes . here the law of the land in the grand charter is explained to be without process of the law. . edward . at the request of the commons by their petitions put forth in this parliament , to eschew mischief and damage done to divers of his commons by false accusers , which oftentimes have made their accusation more for revenge and singular benefit than for the profit of the king or of his people ; which accused persons , some have been taken and sometime caused to come before the kings council , by writ or otherwise , upon grievous pains against the law , it is assented and accorded for the good governance of the commons , that no man be put to answer without presentment before justices or matter of record , or by due process and writ original according to the old law of the land : and if any thing from henceforth be done to the contrary , it shall be void in the law and holden for error . but this is better in the parliament-roll , where the petition and answer ( which make the act ) are set down at large . edward . rot. parl. n. . the petition item , because that many of the commons are hurt and destroyed by false accusers , who make their accusations more for their revenge and particular gaine , than for the profit of the king or his people : and those that are accused by them , some have been taken , and others are made to come before the king's councel , by writ or other command of the king , upon grievous pains , contrary to the law. that it would please our lord the king , and his good council , for the just government of his people , to ordain , that if hereafter any accuser purpose any matter for the profit of the king , that the matter be sent to the justices of the one bench or the other , or the assizes , to be enquired and determined according to the law ; and if it concern the accuser or party , that he take his suit at the common law , and that no man be put to answer , without presentment before justices , or matter of record , or by due process and original writ , according to the antient law of the land ; and if any thing henceforward be done to the contrary , that it be void in law , and held for error . here , by due process and original writ according to the antient law of the land , is meant the same thing as per legem terrae in magna charta . and the abuse was , that they were put to answer by the commandment of the king. the king's answer is thus . because that this article is an article of the grand charter : the king will that this be done as the petition doth demand . by this appeareth that per legem terrae in magna charta is meant by due process of the law. thus your lordships have heard acts of parliament in the point . but the statute of westminster the first cap. . is urged to disprove this opinion , where it is expresly said , that a man is not replevisable who is committed by command of the king. therefore the command of the king without any cause shewed , is sufficient to commit a man to prison . and because the strength of the argument may appear , and the answer be better understood , i shall read the words of that statute , which are thus : and forasmuch as sheriffs and others , which have taken and kept in prison , persons detected of felony , and oftentimes have let out by replevin , such as were not replevisable ; because they would gaine of the one party , and grieve the other . and forasmuch as before this time it was not certainly determined what persons were replevisable , and what not , but onely those that were taken for the death of a man , or by commandment of the king , or of his justices , or for the forrest ; it is provided , and by the king commanded , that such prisoners as before were outlawed , and they which have abjured the realm , provers , and such as be taken with the manner , and those which have broke the kings prison , theives openly defamed and known , and such as be appealed by provers , so long as the provers be living , if they be not of good name , and such as be taken for burning of houses feloniously done , or for false money , or for counterfeiting the kings seal , or persons excommunicate taken at the request of the bishop , or for manifest offences , or for treason touching the king himself , shall be in no wise replevisable , by the common vvrit or without vvrit . but such as be indicted by larceny , by inquests taken before sheriffs or bayliffs by their office , or of light suspition , or for petty larceny , that amonnteth not above the value of d. if they were not guilty of some other larceny aforetime , or guilty of receipt of felons , or of commandment or force , or of aid in felony done , or guilty of some other trespass for which one ought not to lose life or member ; and a man appealed by a prover ; after the death of the prover if he be no common thief , nor defamed , shall from henceforth be let out by sufficient surety , whereof the sheriff will be answerable , and that without giving ought of their goods . and if the sheriff or any other let any go at large by surety , that is not replevisable , if he be the sheriff , constable , or any other bayliff of fee which hath keeping of prisons , and thereof be attained , he shall lose his fee and office for ever . and if the under-sheriff , constable or bayliff of such as hath fee for keeping of prisons , do it contrary to the will of his lord , or any other bayliff being not of fee , they shall have . years imprisonment , and make a fine at the king's pleasure . and if any with-hold prisoners replevisable after they have offered sufficient surety , he shall pay a grievous amerciament to the king ; and if he take any reward for the deliverance of such , he shall pay double to the prisoner , and also shall be in the great mercy of the king. the answer is , it must be acknowledged , that a man taken by the command of the king is not replevisable , for so are the express words of this statute , but this maketh nothing against the declaration of the commons : for they say not , that the sheriff may replevin such a man by surety , scilicet manucaptores : but that he is bayleable by the kings court of justice : for the better apprehending whereof , it is to be known , that there is a difference betwixt replevisable , which is alwayes by the sheriff upon pledges or sureties given , and baileable by a court of record , where the prisoner is delivered to his baile and they are his jailors , and may imprison him , and shall suffer for him body for body , as appeareth . & . edward . in the title of mainprise , plit . , . where the difference betwixt baile and mainprise is expresly taken . and if the words of the statute it self be observed , it will appear plainly that it extends to the sheriffs and other inferiour officers , and doth not bind the hand of the judges . the preamble , which is the key that openeth the entrance into the meaning of the makers of the law ) is : forasmuch as sheriffs , and others , which have taken and kept in prison persons detected of felony . out of these words i observe , that it nominateth sheriffs ; and then if the justices should be included , they must be comprehended under the general word , others ; which doth not use to extend to those of an higher rank , but to inferiours : for the best , by all course is first to be named ; and therefore if a man bring a writ of customes and services , and name rents and other things , the general words shall not include homage , which is a personal service , and of an higher nature ; but it shall extend to ordinary annual services , . edward . droit . so the statute of . elizabeth cap. . which beginning with colledges , deans and chapters , parsons and vicars , and concludes with these words , and others ( and others having spiritual promotions ) shall not comprehend bishops , that are of an higher degree , as appeareth in the arch-bishop of canterbury his case reported by sir edward cook lib. . fol. . and thus much is explained in this very statute , to the end when it doth enumerate those were meant by the word other , namely under-sheriffs , constables , bayliffes . again , the words are sheriffs and others , which have taken and kept in prison . now every man knoweth , that judges do neither arrest nor keep men in prison ; that is the office of sheriffs , and other inferiour ministers ; therefore this statute meant such only . and not judges . the words are further , that they let out by replevin such as were not replevisable . this is the proper language for a sheriff : nay more express afterwards , in the body of the statute : that such as are there mentioned , shall be in no wise replevisable by the common vvrit ( which is de homine replegiando , and is directed to the sheriff ) nor withour writ ( which is by the sheriff , ex officio ) but that which receives no answer , is this : that the command of the justices ( who derive their authority from the crown ) is there equalled as to this purpose with the command of the king ; aud therefore by all reasonable construction , it must needs relate to officers that are subordinate to both , as sheriffs , undersheriffs , bayliffes , constables , and the like : and it were an harsh exposition to say , that the justices might not discharge their own command ; and yet that reason would conclude as much . and that this was meant of the sheriffs and other ministers of justice , appeareth by the recital of . edward . cap. . and likewise by fleta , a manuscript so called , because the author lay in the fleet when he made the book . for he lib. . cap. . in his chapter of turns , and the views of the hundred courts in the countrey , and setteth down the articles of the charges that are there to be enquired of ; amongst which , one of them is , de replegialibus injuste detentis & irreplegialibus dimissis ; which cannot be meant of not bailing by the justices . for what have the inferiour courts of the countrey to do with the acts of the justices ? and to make it more plain , he setteth down in his chapter ( that concerns sheriffs onely ) the very statute of west . . cap. . which he translates verbatim out of the french into latine , save that he renders , taken by the command of the justices thus , per judicium justitiariorum , and his preface to the statute plainly sheweth that he understood it of replevin by sheriffs : for he saith , qui non debent per plegios dimitti , qui non declaret hoc statutum ; and per plegios is before the sheriff . but for direct authority , it is the opinion of newton chief justice , . henry . . where his words are these : it cannot be intended but the sheriff did suffer him to go at large by mainprise : for where one is taken by the vvrit of the king , at the commandment of the king , he is replevisable ; but in such cases his friends may come to the justices for him if he be arrested , and purchase a supersedeas . this judge concludes , that the sheriff cannot deliver him that is taken by the command of the king , for that he is irreplevisable , which are the very words of the statute : but saith he , his friends may come to the justices , and purchase a supersedeas . so he declares the very question , that the sheriff had no power , but that the justices had power to deliver him who is committed by the kings command , and both the antient and modern practise manifests as much . for he that is taken for the death of a man , or for the forrest , is not replevisable by the sheriff ; yet they are ordiuarily bayled by the justices , and were by the kings vvrits directed to the sheriffs in the times of edward . & edward . as it appears in the close rolls , which could not be done if they were not baileable : and it is every dayes experience that the justices of the kings bench do baile for murder , and for offences done in the forrest ; which they could not do , if the word irreplevisable in westminster l. were meant of the justices as well as the sheriffs . for the authorities that have been offered to prove the contrary , they are in number three . the first is . edward . rot . . in scrin . which also is in the book of pleas in the parliament at the tower fol. . it is not an act of parliament , but a resolution in parliament , upon an action there brought , which was usual in those times . and the case is , that stephen rabab the sheriff of the county of leicester , and warwick was questioned for that he had let at large , by sureties , amongst others , one william the sonne of walter le persons , against the will and command of the king , whereas the king had commanded him by letters under his privy seal , that he should do no favour to any man , that was committed by the command of the earl of warwick , as that man was : vvhereunto the sheriff answered , that he did it at the request of some of the king's houshold upon their letters . and because the sheriff did acknowledge the receipt of the king's letters , thereupon he was committed to prison , according to the form of the statute . to this i answer , that the sheriff was justly punished , for that he is expresly bound by the statute of west . . which was agreed from the beginning . but this is no proof that the judges had not power to baile this man. the next authority is . henry . in the court of common pleas , fol. . b. . where robert poynings esq was brought to the bar upon a capias , and it was returned , that he was committed per duos de concilio ( which is strongest against what i maintain ) pro diversis causis regem tangentibus , and he made an attorney there in an action : whence it is inferred , that the return was good , and the party could not be delivered . to this the answer is plain . first , no opinion is delivered , in that book , one way or other upon the return , neither is there any testimony whether he were delivered or bailed , or not . secondly , it appears expresly that he was brought thither to be charged in an action of debt at another mans suit , and no desire of his own to be delivered or bailed : and then , if he were remanded , it is no way material to the question in hand . but that which is most relyed upon , is the opinion of stanford in his book of the pleas of the crown lib. . cap. . fol. . , in his chapter of mainprise , where he reciteth the chapter of west . . cap. . and then saith thus : by this statute it appears , that in . causes at the common law a man was not replevisable ; to wit , those that were taken for the death of a man , by the command of the king , or of his justices , or for the forrest . thus far he is most right . then he goeth on and saith ; as to the command of the king ; that is understood of the command by his own mouth , or his council , which is incorporated unto him and speak with his mouth ; or otherwise every writ of capias to take a man ( which is the kings command ) would be as much . and as to the command of the justices , their absolute commandment ; for if it be their ordinary commandment , he is replevisable by the sheriff , if it be not in some of the cases prohibited by the statute . the answer that i give unto this is , that stamford hath said nothing whether a man may be committed without cause by the kings command , or whether the judges might not baile him in such case ; but only that such an one is not replevisable ; which is agreed ; for that belongs to the sheriff : and because no man should think he meant any such thing , he concludes his whole sentence touching the command of the king and the justices , that one committed by the justice's ordinary command is replevisable by the sheriff ; so either he meant all by the sheriff ; or at least it appears not that he meant , that a man committed by the king or the privy council , without cause , is not baileable by the justices : and then he hath given no opinion in this case . what he would have said , if he had been asked the question , cannot be known : neither doth doth it appear by any thing he hath said , that he meant any such thing as would be inforced out of him . and now , my lords , i have performed the command of the house of commons , and ( as i conceive ) shall leave their declaration of personal liberty an antient and undoubted truth , fortifyed with seven acts of parliament , and not opposed by any statute or authority of law whatsoever . the objections of the kings councel , with the answers made thereunto at the two other conferences touching the same matter . it was agreed by master attorney general , that the seven statutes urged by the commons were in force , and that magna charta did extend most properly to the king , but he said , that some of them are in general words , and therefore conclued nothing ; but are to be expounded by the presidents , and others , that be more particular ; are applied to the suggestions of subjects , aud not to the kings command simply of it self . hereunto is answered , that the statutes were as direct as could be , which appeareth by the reading of them , and that though some of themspeak of suggestions of the subjects , yet others do not ; and they that . do , are as effectual ; for that they are in qual reason ; a commitment by the command of the king being of as great force when it moveth by a suggestion feom a subject , as when the king taketh notice of the cause himself ; the rather , for that kings seldome intermeddle with matters of this nature , but by information from some of their people . . master attorney objected , that per legem terrae in magna charta ( which is the foundation of this question ) cannot be understood for process of the law and original writ : for that in all criminal proceedings no original writs is used at all , but every constable may arrest , either for felony , or for breach of the peace , without process or original writ : and it were hard the king should not have the power of a constable : and the statutes cited by the commons make process of the law , and writ original to be all one . the answer of the commons to this objection was , that they do not intend original writs only by the law of the land , but all other legal process which comprehend the whole proceedings of law upon the cause ; other then the tryal by jury , per judicium parium , unto which it is opposed . thus much is imposed ex vi termini , out of the word process , and by the true acceptation thereof in the statute have been urged by the commons to maintain their declaration ; and most especially in the statutes of . edward . c● p. . where it appeareth , that a man ought to be brought in to answer by the course of the law , having made former mention of process made by original writ . and in . edward . cap. . by the course of the law , is rendred by due process of the law. and . edward . rot. parl. nu . . the petition of the commons saith , that no man ought to be imprisoned by special command without indictment , or other due process to be made by the law. edward . cap . calleth the same thing process of the law. and . edward . cap. . stileth it by due process and writ original ; where the conjunctive must be taken for a disjunctive ; which change is ordinary in exposition of statutes and deeds to avoid inconveniences , and to make it stand with the rest , and with reason , and it may be collected , that by the law of the land in magna charta ; by the course of the law in . edward . by due process of the law in . ed. . other due process to be made by the law . edward . process of the law . edward . and by due process and writ original . edward . are meant one and the same thing ; the latter of these statutes referring alwayes to the former ; and that all of them import any due and regular proceeding of law upon a cause , other then a trial by jury . and this appeareth cook . . in the case of the marsha●●●c ; and cook. . . sir. james bagg's case , where it is understood of giving jurisdiction by charter or prescription , which is the ground or a proceeding by course of law ; and in s●ld●rs notes ou 〈◊〉 fol. . where it is expounded for wager of law , which is likewise a tryal at law by the oath of the party , differing from that of jury : and it doth truly comprehend these and all other regular proceedings in law upon cause , which gives authority to the constable to arrest upon cause ; and if this should not be the true exposition of these words ( per legem terrae ) the king's council were desired to declare their meaning ; which they never offered to do ; and yet certainly , these words were not put into the statute , without some intention of consequence . and thereupon m. serjeant ashley offered an interpretation of them thus ; namely , that there were divers laws of this realm ; as the common law ; the law of the chancery ; the ecclesiastical law ; the law of admiralty or marine law ; the law of merchants ; the martial law ; and the law of state : and that these words , ( per legam terrae ) do extend to all those laws . to this it was answered , that we read of no law of state , and that none of those laws can be meant there , save the common , which is the principal and general law , and is always understood by way of excellency , when mention is made of the law of the land generally ; and that though each of the other laws which are admitted into this kingdom by custome or act of parliament , may justly be called a law of the land ; yet none of them can have that preheminency to be stiled the law of the land ; and no stature , law-book , or other authority , printed or unprinted , could be shewed to prove that the law of the land , being generally mentioned , was e●er intended of any other law than the common law ( and yet , even by these other laws a man may not be committed without a cause expressed ) but it standeth with the rule of other legal expositions , that per legem terrae , must be meant the common law , by which the general and universal law by which men hold their inheritances , and therfore if a man speak of escuage generally , it is understood ( as littleton observeth plt , . ) of the incertain escuage , which is a knight●s serviec tenure for the defence of the realm by the body of the tenant in time of vvar ; and not of the certain escuage which giveth only a contribution in money , and no personal service . and if a statute speak of the king's courts of record , it is meant only of the four at westminster by way of excellency : cook. . . gregories case . so the canonists , by the excommunication , if simply spoken , do intend the greater excommunication ; and the emperor in his institutions , saith , that the civil law being spoken generally , is meant of the civil law of rome , though the law of every city is a civil law , as when a man names a poet , the grecians understand homer , the latinists virgil. secondly , admit that per legem terrae extend to all the laws of the land ; yet a man must not be committed by any of them , but by the due proceedings that are exercised by those laws , and upon cause declared . again it was urged , that the king is not bound to express a cause of imprisonment ; because there may be in it matter of state not fit to be revealed for a time , least the confederates thereupon make means to escape the hands of justice : and therefore the statutes cannot be intended to restrain all commitments , unless a cause be expressed ; for that it would be very inconvenient and dangerous to the state to publish the cause at the very first . hereunto it was replyed by the commons , that all danger and inconvenience may be avoided by declaring a general cause ; as , for treason ; for suspition of treason , misprision of treason , or felony , without specifying the particular ; which can give no greater light to a confederate then will be conjectured by the very apprehension or upon the imprisonment , if nothing at all were expressed . it was further alleadged , that there was a kind of contradiction in the position of the commons , when they say , that the party committed without a cause shewed , ought to be delivered or bailed ; bailing being a kind of imprisonment , delivery a total freedome . to this it was answered , that it hath alwayes been the discretion of the judges to give so much respect to a commitment by the command of the king or the privie councel , ( which are ever intended to be done on just and weighty causes ) that they will not presently set him free , but baile him to answer what shall be objected against him on his majesties behalf : but if any other inferiour officer commit a man without cause shewed , they do instantly deliver him as having no cause to expect their pleasure ; so the delivery is applyed to an imprisonment by the command of some mean minister of justice ; bailing when it is done by the command of the king or his councel . it was urged by master attorney , that bailing is a grace and favour of a court of justice , and that they may refuse to do it . this was agreed to be true in divers cases , as where the cause appeareth to be for felony , or other crime expressed ; for that there is another way to discharge them in convenient time , by their tryal ; ( and yet in those cases the constant practise hath been , antiently and modernly to bayle men ) but where no cause of the imprisonment is returned , but the command of the king , there is no way to deliver such persons , by tryal or otherwise , but that of habeas corpus , and if they should be then remanded , they may be perpetually imprisoned , without any remedy at all , and consequently , a man that had committed no offence might be in worse case then a great offendor ; for , the latter should have an ordinary tryal to discharge him , the other should never be delivered . it was further said , that though the statute of west . i. cap , . as a statute , by way of provision did extend only to the sheriff ; yet the recital in that statute , touching the . causes wherein a man was not replevisable at common law ( namely those that were committed for the death of a man ; by the command of the king , or the justices , or for the forrest ) did declare that the justices could not baile such an one , and that replevisable and baileable were synonyma , and all one . and that stanford ( a judge of great authority ) doth expound it acordingly ; and that neither the statute not he say replevisable by the sheriff , but generally without restraint ; and that if the chief justiee committed a man , he is not to be enlarged by another court , as appeareth in the register . . to this it was answered ; first , that the recital and body of the statute relate only to the sheriff , as appeareth by the very words . . that replevisable is not restrained to the sheriff ; for that the word imports no more , that a man committed by the juftice is baileable by the court of the king●s bench. . that stamford meaneth all of the sheriff , or at the least he hath not sufficiently expressed that he intended the justices . . it was denyed that replevisable and baileable are the same : for , they differ in respect of the place where they are used , bail being in the king's courts of record , replevisable before the sheriff . and they are of several natures , replevisable being a letting at large upon sureties ; bailing , when one traditur in ballium , and the baile are his jaylors , and may imprison him , and shall suffer body for body ; which is not true of replevying by sureties . and bail differeth from mainprize in this , that mainprize is an undertaking in a sum certain , bailing to answer the condemnation in civil causes , and in criminal body for body . and the reasons and authorities used in the first conference were then renewed , and no exception taken to any , save that in . henry . it doth not appear that the command of the king was by his mouth ( which must be intended ) or by his councel ( which is all one , as is observed by stamford ) for the words are , that a man is not replevisable by the sheriff , who is committed by the writ or commandment of the king. . edward . rot. . dorso was cited by the kings counsel , but it was answered , that it concerned the sheriff of leicestershire only ; and not the power of the judges . . henry . the king's attorney confessed was nothing to the purpose ; and yet that book had been usually cited by those that maintain the contrary to the declaration of the commons ; and therefore such sudden opinion as hath been given thereupon is not to be regarded , the foundation failing . and where it was said , that the french of . edward rot. parl. n. . ( which canreceive no answer ) did not warrant but what was enforced thence ; but that these words , ( sans disturbance metter , ou arrese faire , & l'encontre per special mandement on en autre manere ) must be understood , that the statutes should be put in execution without disturbance or stay ; and not that they should be put in execution without putting disturbance or making arrest to the contrary by special command , or in other manner . the commons did utterly deny the interpretation given by the kings councel ; and to justifie their own , did appeal to all men that understood french , and upon the seven statutes did conclude , that their declaration remained an undoubted truth , not controuled by any thing said to the contrary . the true copies of the records not printed which were used on either side in that part of the deba e. inter. record . domini regis caroli in thesaurar . recep . 〈◊〉 . sui sub custodia domini thesaurar . & camer . ibidem remanen . videlicet plac. coram ipso domino rege & concilio suo ad parliamentum su●m post pasc . apud london in ma●erio arch●●piscopi ebor. anno regni domini regis edwardi . in t . al. sic . continetur ut sequitur . rot. secundo in dorso . stephanus rabar . vic. leic. & warr. coram ipso domino rege & ejus concilio arrenatus & ad rationem positus de hoc quod cum johan . boutet●urte , edw. del hache , & w. havelin nuper in bal. ipsus vic. per dominum regem fuissent assignat . ad goales domini regis deliberand . idem vic. quendam wi●hel . de petling per quendam appellatorem ante adventum eorum justic . ibidem appellatorem & captum vivente ipso appellatore usque diem de liberationis coram eis sact . dimisit per plevinam contra formam statuti &c. et etiam quendam radum de cokehal , qui de morte horninis judicatus fuit , & per eundem vic. captus , idem vic. per plevinam dimisit contra formam statuti , & etiam eundem radum fine ferris coram eisdem justic . ad deliberationem praed . produxit contra consuetudinem regni . et sci . quendam wilh . fllium walteri la persone , qui per praeceptum com. war. captus fuit , per plevinam contra praeceptum domini regis , cum idem dominus rex per literas suas sub privat . sigillo suo eidem vic. praecepit quod nulli per praecept . praed . com. war. capt . aliquam gratiam faceret &c. et super hoc praefat . johannes botetourte , qui praesens est , & qui fuit primus justic . praedictorum praemissa recordatur . et praedicuts vic. dicit quoad praedictum wilh . de petling , quod ipse nunquam a tempore captionis ipsius wilh per praed . appellat . dimissus fuit per plevinam aliquam ante adventum praedictorum justic . imo dicit quod per dimidium annum ante adventum eorundem justic . captus fuit & semper detent . in prisona absque plevina aliqua quousque coram eis damnat . fuit . et quoad praedictum radum bene cognoscit quod ipse dimisit eum per plevinam , & hoc bene facere potuit ratione & authoritat . officii sui , eo quod capt . fuit pro quadam simplic . transgr . & non pro aliqua felon . pro qua replegiari non potuir . et quoad tertium , videlicet wilh . silium persone , bene cognoscit quod ipse captus fuit per praecept . praed . com. war. & quod dimisit eum per plevinam ; sed dicit quod hoc fecit ad rogatum quorundam de hospitia & cur . domini regis &c. qui eum inde specialiter rogaverunt per literas suas . et super hoc idem vic. quaesit . per dominum regem quis eum rogavit & literas suas ei direxit , & ubi literae illae sunt , dicit quod walt. de langton eum per literas suas inde rogavit ; sed dicit quod literae illae sunt in partibus suis leic. et super hoc idem vic. profert quoddam brev . domini regis de privat . sigillo eidem vic. direct . quod testatur quod dominus rex ipsi vic. praecepit quod omnes illos trangressores contra pacem & de quibus . com. war. ei scire faceret , caperet . & salvo custodiret absque aliqua gratia ei faciend . et quia praed . iustic . expresse recordatur quod ipse & socii sui per bonum & legalem inquis . de militibus . & al. liberis . hominib . eis fact . invenerunt quod praedictus gulielmus de petlenge dimissus fuit per plevinam per mag-num tempus ante adventum eorund . justic . usque adventum eorund . & per vic. praed . & etiam quia praed . vic. cognoscit quod praedictus rad. dimissus fuit per plevinam per ipsum , un . & hoc dicit quod bene facere potuit eo quod captus fuit pro levi transgr . et per record . ejusdem justic . comp . est quod captus fuit pro morte hominis , quod est contrarium dec . praedicti vic . & scil . quia idem vic . cognovit quod recepit literam domini regis per quam rex ei praecepit quod nullam gratiam faceret illis qui capti fuerunt per praeceptum praedicti com. et idem vic. contra praeceptum illud dimisit praedictum wilh . filium walteri per plevinam , qui captus fuit per praeceptum praedicti com. prout idem vic. fatetur . et sic tam ratione istius transg . quam aliarium praedictarum incurrit in poenam statuti , cons . est quod praedictus vic. committatur prisonae juxta formam statuti &c. ex rot. paliamenti de anno regni regis edwardi tertii tricesimo quinto n. . primerement que le grande charter , & la charter de la forreste , & les autre estatutes faits en son temps , & de ses progenitors pur profit de luy & de la come , soient bien & ferment gardes , & mis en due execution sans disturbance mettre ou arrest faire , & l'ccontre per special mandement ou en autre manere . respons . nostre sr. le roy per assent de prelates , domines , comites , barones & la come ad ordeine & estabili que les dits charters & estatutes soient tenus & mis en execution selon la dit petition . nu. . item come ilsolt contenus en lagrand charter et autres estatutes que nul homme soit pris nemy prisoner per especial mandement sans enditement aut autre due proces affaire per la ley , et sonent foitz ad estre et uncore est , que plusurs gentz sont empeschez , pris et imprisone sans enditement ou autre proces fait per la ley sur eux , sibien de chose fait hors de la forrest le roy come per autre cause que plese a nostre dit sr. comander et deliver ceux que sont issint pris per tiel especial mandement contre la forme des charters et estatutes avanditz . respons . il plest au roy , & sinulse sente greve vingne & face la pleinte , & droit luy sera fait . . parl. anno . edward . n. . item pur ceo que plusours de vostre come son tamerce & disturbes per faulx accusors quenx font lour accusements plus pur lour vengeances & singulers profits que pur le profit de roy ou de son peuple , et les accuses per cux ascuns ont est pris & ascuns sont faire ven . deut le conceil l● roy per brief on autre mandement de roy sub gra●de pain encountre laley , plese a nostre sr. le roy & son counceil pur droit gouvernment de son peuple ordeign que si desire ascun accusors purpose ascun matire pur prosit du roy que cele matire soit mander a ses justices del'un banke ou del'autre , ou d' assises dent enquere & terminere selonque laley , & si le touche lai onsour ou partie eit sa so●t a la come ley , & que null home soit mis a respondre sans presentment deut justices , ou chose de record , ou per due process et briefe original , s●lon l'ancient ley de la terre , & si rien desire enovant soit fait a l'enco●tre , soit voide en ley , & tenu pur errour . respons . pur ceo que ceste article est article de la grande charter le roy voet qne ceo soit fait come la petition demande . ex rot. claus . anno regis edwardi primi primom . . thomas de clirowe de blechweth captus & detentus in prisona north. pro transgr . forrest . habet literas rogero de clifford justic . forrest . citra trentam quod ponatur per ballium , dat . apud s. martium magnum london . die octobris . m. . stephanus de li dely captus & detent . in prisona regis pro trans . per ipsum fact . in ha . regis de lyndeby habet literas . regis galfrido de nevil justic . ultra trent . quod ponatur per ballium . m. . thomas spademan captus & detent . in prisona oxon. pro morte wilh . win. unde rectat . est & habet literas regis vic. oxon. quod ponatur per ballium . ibidem . gulielmus de dene , mathaeus crust , roger de bedell , gulielmus halfrench , robertus wyant , alex. horeux , henric. de shorne , nicholaus de snodilond , turgisius de hertfield , robertus de pole , & richardus galiot capti & detent . in prisona de cantuar. pro morte galfridi de catiller unde appellat . sunt , habent literas regis vic. canc. quod ponantur per ballium dat. &c , . die martii . claus . anno secundo edwardi primi m. . rex rogero de cliffi justic . forrest citra trent . mandamus yobis quod si robertus unwyne captus & detent . in prisona nostra de aylesburie pro transgr . forrestae nostrae , invenerit vobis duodecim probos & legales homines de balliva vestra qui manucapiant eum habere coram justic . rostris ad plac . forrest . cum in parte &c. ad stand . inde rect . tunc apud robertum si secund . assiam . forreste fuerit repleg . praedictis . interim tradit . in ballium sicut praedictum est . et habeatis nomina illorum . hominum & ho. bre . dat. . die februarii . clauso anno secundo edwardi primi . m. . vnwynus de boycot , gaf . de wykenn & hugh de stowe detent . in prisona regis de aylesburie pro trangressione venationis habuer . bre . direct . regis de clifford justic . forrest quod secundum assiam forrest fuerint repleg . ponantur per ballium usque adventum justic . regis ad plac . forreste cum in partes illas venerit . dat. apud codington . die decembris . m. . gilbertus conray de kedington , & hugh le tailour de kedington capti & detent . in prisona de secundo edwardo pro morte edwardi butting , unde rectati sunt , habuerunt literas regis vic. suff. quod ponantur per ballium . clauso anno . edwardi primi . m. . galfr. de hayerton captus & detent . in prisona regis ebor. pro morte ade le clerc . unde rectatus est , habet literas regis vic. ebor. quod ponatur per ballium . dat. apud w. . die junii . m. . robertus belharbe capt . & detent . in prisona regis de newgate pro morte thomae pollard . unde rectat , est , habet literas regis vic. midd. quod ponatur per ballium . dat. . die februarii . clauso anno quarto edwardi primi . m. . mand. est rad. de sanadwico quod si gulielmus de pattare & johannes filius ejus , walterus home , walt. jorven , henricus pothe & gulielmus cadegan capti & detent . in prisona regis de secundo brianello pro trans . forrest unde rectati sunt , invenerunt sibi duodecim probos & legales homines de balliva sua , viz. quilibet eorum duodecim qui eos manucap . habere coram justic . regis ad plac . forrest . cum in partes ill . venerent , ad stand . inde recto , tunc ipsos willhelmum , johannem , walterum , walterum , henricum & willh . praed . duodecim . scil . secundum assiam forreste fuerint repleg . tradat in ballium ut praedictum est , et habeat ibi nomina illorum duodecim hominum , & hoc . bre . t. rege apud bellum locum regis . die augusti . clauso anno quarto edwardi primi . m. . henricus filius rogeri de ken de cottesbrook , captus & detent . in prisona nostra north. pro morte simonis le charetter unde appellatus est , habet literas regis vic. north. quod ponit . per ballium . clauso anno quinto edwardi primi . m. . mand. est galfrido de nevil justic . forreste ultra trent . quod si walter de la grene captus & detent . in prisona de nott. pro trans . forreste invenerit sibi duodecim probos & legales homines qui eum manucapiant &c. ad stand . inde rect . secundum assiam forreste regis , tunc ipsum walterum praedictis duodecim tradat in ballium sicut praedictum est . dat. decimo sexto die novembris . m. . thomas de upwel & jul. uxor ejus capt . & detent . in prisona de vvynbole pro morte stephani southell unde rectati sunt habuer . liter . vic. norff. quod ponantur per ballium . dat apud rocheland . die septembris . clauso anno sexto edwardi primi . m. bilherus pesse captus & detent . in prisona regis de norwich pro morte jul. quond . uxoris suae unde rectatus est , habet literas vic. norff. quod ponatur per ballium , t. rege apud vvestmonast . . novembris . m. . mandat . est vic. nott. scilicet quod si thomas de cadrte rectatus de transg . forrest quam fecisse dicebatur in forresto de shirwood , invenerit sibi sex probos & legales homines de balliva sua qui eum reg. ad stand . rect . coram r. cum r. inde manucap . habere coram rege ad mand . vers . eum loqui voluerit , tunc praed . tho. praed . sex hominib . tradat in ballium juxta manucaptionem supradictam . dat. decimo quinto die decembris . m. . thorn. burell capt. & detent . in prisona regis exon. pro morte galf. giffarde unde rectat . est , habet litteras vic. devon. quod ponatur per ballium . clauso anno . edwardi secundi . m. . adem le piper capt. & detent . in gaole regis ebor. pro morte henr. le simer de escricke unde rect . est , habet literas regis vic. ebor. quod ponatur per ballium usque ad prim . assiam . t. rege apud westm . septimo die febr. m. . margareta uxor vvilh. calbot capta & detent . in gaole regis norwic. pro morte agnetis filiae wilh . calbot . & martil . soror . ejusdem agnet . unde rectata est , habet literas regis vic. norff. quod ponatur per ballium . t. rege apud shene . die jan. m. . johannes frere capt. & detent . in gaole regis exon. pro morte ade de egelegh unde rectat . est , habet literas regis vic. devon . quod ponatur per ballium . t. rege apud vvestm . . die de●embris . clauso anno quarto edwardi secundi . m. . robertus shereve capt . & detent . in gaole regis de colcestr . pro morte robertile m●igne unde in●i●tat . est , habet literas regis vic. essex , quod ponatur in ballium usque ad pri . assiam . dat. . die maii. m. . vvilh. filius rogerile fishere de shurborne capt . & detent . in gaole regis ebor. pro morte roberti le monnour de norton unde rectatus est , habet literas regis vic. ebor. quod ponatur per ballium usque ad pri . assiam , dat. . die april . clauso anno quarto edwardi secundi . m. . thom. ellys de stamford capt . & detent . in prisona regis lincoln . pro morte michael . filii vvilh. de foderingey unde rectatus est , habet literas regis vic. linc. quod ponatur in ballium usque ad pri . assiam . t. rege apud novam vvest . octavo die septembris . patent . anno octavo edwardi pars prima membr . . rex omnib . ad quos &c. salutem . sciatis quod cum georgius de rupe de hiber . defunctus pro eo quod ad parliamenta apud dublin in hibern . ann. regni domini edwardi nuper regis angl. praec . nostrivicesimo , & anno regni nostri secundo tenta , non venit prout summonitus fuit , ad ducentas marcas amerciatus fuisset ut accipimus , ac johannes filius praedicti georgii nobis supplicaverit ut habito respectu ad hoc quod praedictus pater suus se a parliamentis praedictis causa in obedientiae non absentavit , per quod ita excessive amerciari deberet , velimus concedere , quod amerciamenta illa quae ab ipso johanne ad opus nostrum per summonitionem sccii nostri dublin jam exigunt , juste moderentur . nos volentes cum eodem johanne gratiose agere in hac parte , volumus & concedimus quod decem librae tantum de praedictis ducentis marcis ad opus nostrum ex causis praemissis leventur ; et praefatum johannem de toto residuo earundum ducentarum marcarum tenore praesentium quietamus . in cujus . &c. t. rege apud novum castrum super tynam . per petitionem de concilio apud novum castrum super tynam . et mandat . est thomae & camerar . de sccio . dublin quod praedictas decem libras de praedictis ducentis marcis de praefato johanne ad opus regis levent , & ipsum johannem de toto residuo inde addict . sccam . exonerari & quietum esse fact . t. ut supra . per eandem petitionem patent . vicesimo septimo edwardi tertii pars prima membr . . rex omnibus ad quos &c. salut . sciatis quod de gra . nostra speciali concessimus pro nobis & hered . nostris dilecto , & fideli nostro iacobo daudle de helegh quod ipse ad to tam vitam quietus sit de veniendo ad parliamenta & conciiia nostra & hered . nostrorum ac etiam ad congregationes magnatum & procerum ad mandata nostra vel heredum nostrorum ubicunque faciend . ita quod idem jacobus , quoad vixerit ra●ione non adventus sui ad parliamenta , concilia , seu congregationes hujusmodi , seu personalis comparationis in eisdem per nos vel heredes nostros aut ministros nostros quoscunque non impetatur , occasionetnr aliqual . seu gravetur . concessimus insuper pro nobis & ●ered . nostris praefato jacobo quod ipse toto tempore vitae suae ad laborand . de guerra in servitiis nostris vel hered . nostrorum seu ad homines ad arma , hobelarios , vel sagitarios in hujusmodi servitiis ex nunc inveniend . extta regnum nostrum angl. nisi cum regale servitium nostrum aut heredum nostrorum summonitum fuerit , contra voluntatem suam nullatenus compellatur , nec ea de causa aliquali er impetatur , ita semper quod idem jacobus cum hominibus ad arma & aliis armatis pro defensione regni nostri angl. infra idem regnum quoties aggressus inimicorum nostrorum aut aliud periculum vel necessitas eidem regno immineant una cum aliis fidelibus nostris ipsius regni proficiscat . & homines ad arma , hobelar . & sagittar . juxta statum suum sicut caeteri de eodem regno ea de causa invenire teneatur . in cujus rei &c. t. rege apud west . . die april . per ipsum regem . patent . . edwardi . . part . secunda mem . . rex omnibus ball. & fidelibus suis ad quos &c. salutem . sciatis quod de gra . nostra speciali concessimus pro nobis & hered . nostris dilecto & fideli nostro roberto de insula mil. fil . & heredi johannis de insula , quod idem robertus ad totam vitam suam hanc habeat libertatem , videlicet , quod ad parliamenta seu concilia nostra vel hered . nostrorum ex quacunque causa venire minime teneatur . et quod ipse in aliqua jurata , attincta aut magna assisas nos vel heredes nostros tangent . aut aliis juratis , attinctis aut assizis quibuscunque non ponatur &c. et ideo vobis mandamus quod praedictum robertum contra hanc concessionem nostram non molestetis in aliquo seu gravetis . in cujus &c. t. rege apud west . . die novembr per breve de privato sigillo . pat. . henric. sext . membr . . rex omnibus ad quos &c. salut . sciatis quod cum pro quibusdam arduis & urgentibus negotiis nos statum & defensionem regni nostri angl. ac ecclesiae anglicanae contingentibus , quoddam parliamentum nostrum nuper apud palatium nostrum vvest . teneri , & usque ad duodecim . diem hujus instantis mensis novembr . ad idem palatium nostrum adjornari & prorogari ordinaverimus , quia vero dicto parliamento nostro propter certas justas & rationabiles causas in persona nostra non potuetuerimus interesse , nos de circumspectione & industria carissimi consanguinei nostri rich. ducis ebora . plenam fiduciam reportantes , eidem consanguineo nostro ad parliamentum praedictum nomine nostro tenend . & in eod . procedend . & ad faciend . omnia & singula quae pro nobis & per nos pro bono regimine & gubernatione regni nostri praedicti ac aliorum dominorum nostrorum eidem regno nostro pertinent . ibidem fuerint faciend . nec non ad parliamentum illud finiend . & dissolvend . de assensu concilii nostri plenam tenore praesentium commisimus potestatem . dante 's ulterius de assensu ejusdem concilii nostri tam universis & singulis archiepiscopis , episcopis , abbatibus , prioribus , ducibus , comitibus , vice-comitibus , baronibus & militibus cum omnibus aliis quorum interest ad parliamentum nostrum praedictum conventur . scilic . tenore praesentium firmiter in mandatis quod eidem consanguineo nostro intendant in praemissis in forma praedicta . in cujus &c. t. rege . apud vvest . ii. die novembr . per breve de privato sigillo & de dat . praedict . &c. pat. . henric. . memb . . pars prima . rex omnibus balliis & fidelibus suis ad quos &c. salut . sciatis quod cum ubi vvilh. lovell miles ad parliamenta & concilia nostra ad mandatum nostrum , venire teneatur , hinc est quod idem vvilhelmus , ob divers . infirmat . quibus detinetur , absque maximo corporis sui periculo ad parliamenta & concilia praedicta laborare non sufficit , ut informamur . nos praemissa , ac bona & gratuita servitia quae idem vvilh. tam patri nostro defuncto quam nobis in partibus transmarinis impendit , & nobis in in regno nostro angl. impendere desiderat considerantes , de gratia nostra speciali concessimus eidem vvilh. quod ipse durante vita sua per nos vel hered . nostros ad veniend . ad parliamenta seu concilia nostra quaecunque tent . sive in posterum tenen . contra voluntatem suam non arctetur nec compellatur quovis modo , sed quod ipse ab hujusmodi parliamentis & conciliis in futur . se absentare possit licite & impune , aliquo statuto , actu , ordinatione . sive mandaro inde in contrarium fact . ordinat . sive provis . non obstant . et ulterius volumus , & eidem wilhelmo per praes . concedimus quod absentatio hujusmodi non cedat ei in damnum seu prejudicium quoquo modo , sed quod praes . carta nostra de exemptione , per praefatum wilh . seu alium quemcunque nomine suo in quibuscunque locis infra regnum nostrum angl. demonstrat . super demonstratione illa eidem wilh . valeat & allocetur , proviso semper quod idem wilh . ad voluntatem suam , & heredes sui loca sua in parliamenta & conciliis praedictis habeant & teneant , prout idem wilh . & antecessores sui in hujusmodi parliamentis & conciliis ab antiquo habuerunt & tenuerunt , concessione nostra praedicta non obstante . in cujns . &c. t. rege apud west . quarto die febr. per breve de privato sigillo & de data praedicta authoritate parliamenti . clauso anno . henric. . m. . dorso . rex dilecto & fidel . suo hen. bromflete militi baroni de vescy salutem . quia & volumus enim vos & heredes vestros masculos de corpore vestro legitime exeuntes barones de vessey existere . t. rege apud west . . die januar. pat. . henric. sext . membr . . rex concessit hen. bromflete militi domino vessey qui senio & tantis infirmitatibus detentus existit , quod absque maximo corporis sui periculo labor . non sufficit , quod ipse durante vita sua ad personalit . veniend . ad person . regis , per aliquod breve sub magno vel privato sigillo , aut per literam sub sigillo signeti regis , vel per aliquod ad aliud mandatum regis vel hered . suorum seu ad aliquod concilium , sive parliamentum regis vel hered . suorun ex nunc tenend . nullatenus arctatur neque compellatur contra voluntat . suam &c. t. rege apu● west . . die maii. per ipsum regem de dat . praedicta auctoritate parliamenti . a speech delivered in the lower house of parliament assembled at oxford : in the first year of the reign of king charles , i. by sir robert cotton knight and barronet . london : printed in the year . a speech delivered in the lower house of parliament assembled at oxford : in the first year of the reign of king charles . mr. speaker , although the constant vvisdome of this house of commons did well and worthily appear in censuring that ill advised member the last day , for trenching so far into their antient liberties , and might encourage each worthy servant of the publique here to offer freely up his council and opinion : yet since these vvalls cannot conceal from the ears of captious , guilty and revengful men withou● , the councel and debates within : i will endeavour , as my clear mind is free from any personal distaste of any one , so to express the honest thoughts of my heart , and discharge the best care of my trust , as no person shall justly taxe my innocent and publick mind , except his conscience shall make him guilty of such crimes as worthily have in parliament impeached others in elder times . i will therefore , with asmuch brevity as i can , set down how these disorders have by degrees sprung up in our own memories ; how the wisdom of the best and wisest ager did of old redress the like . and lastly , what modest and dutiful course i would wish to be followed by our selves in this so happy spring of our hopeful master . for ( mr. speaker ) we are not to judge , but to present : the redress is above ad querimoniam vulgi . now ( mr. speaker ) so long as those attended about our late soveraign master , now with god , as had served the late queen of happy memory , debts of the crown were not so great ; commissions and g●ants not so often complained of in parliaments ; trade flourished ; pensions not so many , though more then in the late queens time : for they exceeded not . l. now near . l. all things of moment were carryed by publick debate at the council-table ; no honour set to sale ; nor places of judicature . lawes against priests and recusants were executed : resort of papists to ambassadors houses barred and punished ; his majesty by daily direction to all his ministers , and by his own pen declaring his dislike of that profession : no wastful expences in fruitless ambassages , nor any transcendent power in any one minister . for matters of state , the council-table held up the fit and antient dignity . so long as my lord of somerset stood in state of grace , and had by his majesty's favour the trust of the signet seale ; he oft would glory justly , there passed neither to himself , or his friends any long grants of his highness lands or pensions : for that which himself had , he paid . l. towards the marriage-portion of the king's daughter . his care was to pass no monopoly or illegal grant , and that some members of this house can witness by his charge unto them . no giving way to the sale of honours , as a breach upon the nobility ( for such were his own words ) refusing sir john roper's office , then tendred to procure him to be made a baron . the match with spain , then offered ( and with condition to require no further toleration in religion then ambassadours here are allowed ) discovering the double dealing and the dangers , he disswaded his majesty from ; and left him so far in distrust of the faith of that king , and his great instrument gondomar , then here residing , that his majesty did term him long time after a jugling jack . thus stood th' effect of his power with his majesty when the clouds of his misfortune fell upon him . vvhat the future advices led in , we may well remember . the marriage with spain was again renewed : gondomar declared an honest man : poperie heartened , by admission of those unsure , before conditions of conveniencie . the forces of his majestie in the palatinate withdrawn , upon spanish faith improved here and beleived ; by which his highness children have lost their patrimony , and more money been spent in fruitless ambassages , then would have maintained an army fit to have recovered that countrey . our old and fast allies disheartened , by that tedious and dangerous treaty : and the king our now master , exposed to so great a peril , as no wise and faithful councel would ever have advised . errors in government , more in misfortune by weak councels , then in princes . the loss of the county of poyntiffe in france , was laid to bishop wickham's charge in the first of richard the . for perswading the king to forbear sending aid when it was required : a capital crime in parliament . the loss of the dutchie of maine was laid to dela poole duke of suffolk . henry . in single and unwisely treating of a marriage in france . a spanish treaty lost the palatinate : vvhose councel hath pronounced so great power to the spanish agent ( as never before ) to effect freedome to so many priests as have been of late , and to become a sollicitor almost in every tribunal or the ill-affected subjects of the state , is worth the enquiry . vvhat grants of impositions before crossed , have lately been complained of in parliaments ? as that of ale-houses , gold-thred , pretermitted customes , and many more ; the least of which would have . edward . adjudged in parliament an heinous crime , aswel as those of lyons and latymer . the duke of suffolk in henry . time , in procuring such another grant in derogation of the common law , was adjudged in parliament . the gift of honours kept as the most sacred treasure of the state , now set to saile , parliaments have been suitors to the king to bestow those graces ; as in the time of edward . henry . and henry . more now led in by that way onely then all the merits of the best deservers huve got these last . years . so tender was the care of elder times that it is an article . henry . in parliament against the duke of suffolk , that he had procured for himself , and some few others , such titles of honour ; and those so irregular , that he was the first that ever was earl , marquess , and duke of the self same place . edward the first restrained the number , in pollicie , that would have challenged a writ by tenure : and how this proportion may suit with profit of the state we cannot tell . great deserts have now no other recompence then costly rewards from the king ; for , we now are at a vile price of that which was once inestimable . if worthy persons have been advanced freely to places of greatest trust , i shall be glad . spencer was condemned in the . of edward . for displacing good servants about the king , and putting in his friends and followers , not leaving , either in the church or common-wealth , a place to any , before a fine was paid unto him for his dependance . the like in part was laid by parliament on de la poole . it cannot but be a sad hearing unto us all , what my lord treasurer the last day told us of his majesties great debts , high engagements , and present wants : the noise whereof i wish may ever rest inclosed within these walls . for , what an incouragement it may be to our enemies , and a disheartning to our friends , i cannot tell . the danger of those , if any they have been the cause , is great and fearful . it was no small motive to the parliament , in the time of henry . to banish the kings half-brethren for procuring to themselves so large proportion of crown lands . gav●ston and spencer for doing the like for themselves , and their followers in edward the . time , and the lady v●ssy for procuring the like for her brother beaumont , was banished the court. michael de la poole was condemned the . of richard . in parliament , amongst other crimes , for procuring lands and pensions from the king , and having imployed the subsidies to other ends then the grant intended . his grand-child , william duke of suffolk , for the like was censured . henry . the great bishop of winchester , . edward . . was put upon the kings mercy by parliament for wasting in time of peace , the revenues of the crown , and gifts of the people , to the yearly oppression of the common-vvealth . offences of this nature were urged to the ruining of the last duke of somerset in edward . time . more fearful examples may be found , too frequent in records . such improvidence and ill council led henry the third into so great a strait , as after he had pawned some part of his forreign territories , broke up his house , and sought his diet at abbies and religious houses , ingaged not onely his own iewels , but those of the shrine of saint edward at westminster , he was in the end ( not content , but ) constrained to lay to pawne ( as some of his successors after did ) magnam coronam angliae , the crown of england . to draw you out to life the image of former kings extremities , i will tell you what i found since this assembly at oxford , written by a reverend man twice vice-chancellour of this place : his name was gascoign ; a man that saw the tragedy of de la poole : he tells you that the revenues of the crown were so rent away by ill councel , that the king was inforced to live de tallagiis populi : that the king was grown in debt quinque centena millia librarum : that his great favourite , in treating of a forrieign marriage , had lost his master a forreign dutchie : that to work his ends , he had caused the king to adjourn the parliament in villis & remoti partibus regni , where few people , propter d●fectum hospitii & victualium could attend , and by shifting that assembly from place to place to inform ( i will use the authors words ) illos paucos qui remanebunt de communitate regin , concedere regi quamvispessima . vvhen the parliament endeavoured by an act of resumption , the just and frequent way to repair the languishing state of the crown ( for all from henry . but one , till the . of henrry . have used it ) this great man told the king it was ad dedecus regis , and forced him from it : to which the commons answered , although vexati laboribus & expensis , quod nunquam concederent taxam regi , until by authority of parliament , r●su●eret actualiter omnia p●rtinentia coronae anglioe . and that it was magis ad dedecus regis , to leave so many poor men in intolerable vvant , to whom the king stood then indebtad . yet nought could all good councel work , until by parliament that bad great man was banished : which was no sooner done ; but an act of resumption followed the inrollment of the act of his exilement . that was a speeding article against the bishop of winchester and his brother , in the time of edward . that they had ingrossed the person of the king from his other lords . it was not forgotten against gaveston and the spencers in edward . time . the unhappy ministers of richard . henry . and edward . felt the weight to their ruine of the like errors . i hope we shall not complain in parliament again of such . i am glad we have neither just cause or undutiful dispositions to appoint the king a councel to redress those errors in parliament , as those of the . h. . we do not desire , as . h. . or . h. . the removing from about the king of evil councellors . we do not request a choise by name , as . e. . . . . r. . . h. . or . h. . nor to swear them in parliament , as , e. . . e. . or . r. . or to line them out their directions of rule , as . h. . and . h. . or desire that which h. . did promise in his . year se act●o●nia per assensum magnatum de concilio suo electorum , & sine eor assensu nihil . we only in loyal duty offer up our humble desires , that since his majesty hath with advised judgement elected so wise , religious & worthy servants to attend him in that high imployemnt , he will be pleased to advise with them together , a way of remedy for those disasters in state , led in by long security and happy peace , and not with young and single councel . a speech made by sir rob. cotton knight and baronet , before the lords of his majesties most honourable privycovncel , at the councel table : being thither called to deliver his opinion touching the alteration of coyne . . sept. annoque regni regis caroli . london : printed in the year a speech touching the alteration of coyne . my lords , since it hath pleased this honourable table to command , amongst others , my poor opinion concerning this weighty proposition of money , i must humbly ctave pardon ; if with that freedome that becomes my duty to my good and gratious master , and my obedience to your great command , i deliver it so up . i cannot ( my good lords ) but assuredly conceive , that this intended project of enhauncing the coyne , will trench both into the honour , the justice , and the profit of my royal master very farre . all estates do stand mag is famâ quam vi , as tacitus saith of rome : and wealth in every kingdome is one of the essential marks of their greatness : and that is best expressed in the measure and puritie of their monies . hence was it , that so lohg as the roman empire ( a pattern of best government ) held up their glory and greatness , they ever maintained , with little or no charge , the standard of their coine . but after the loose times of commodus had led in need by excess , and so that shift of changing the standard , the majesty of that empire fell by degrees . and as vopiscus saith , the steps by which that state descended were visibly known most by the gradual alteration of their coine , and there is no surer symptome of a consumption in state then the corruption in money . what renown is left to the posterity of edward the first in amending the standard , both in purity and weight from that of elder and more barbarous times , must stick as a blemish upon princes that do the contrary . thus we see it was with henry the sixth ; who , after he had begun with abating the measure , he after fell to abating the matter ; and granted commissions to missenden and others to practise alchemy to serve his mint . the extremity of the state in general felt this aggrievance , besides the dishonour it laid upon the person of the king , was not the least advantage his disloyal kinsman took to ingrace , himself into the peoples favour , to his soveraign's ruine . vvhen henry the . had gained asmuch of power and glory abroad , of love and obedience at home , as ever any ; he suffered shipwrack of all upon this rock . vvhen his daughter queen elizabeth came to the crown , she was happy in council to amend that error of her father : for , in a memorial of the lord treasurer burliegh's hand , i find that he and sir thomas smith ( a grave and learned man ) advising the queen that it was the honour of her crown , and the true wealth of her self and people , to reduce the standard to the antient purity and p●rity of her great grand-father king edward . and that it was not the short ends of vvit , nor starting holes of devises that can sustain the expence of a monarchy , but sound and solid courses : for so are the words . she followed their advise , and began to reduce the monies to their elder goodness , stiling that work in her first proclamation anno . a famous act. the next year following , having perfected it as it after stood ; she tells her people by another edict , that she had conquered now that monster that had so long devoured them , meaning the variation of the standard : and so long as that sad adviser lived , she never ( though often by projectors importuned ) could be drawn to any shift or change in the rate of her monies . to avoid the trick of permutation , coyn was devised , as a rate and measure of merchandize and manufactures ; which if mutable , no man can tell either what he hath , or what he oweth , no contract can be certain , and so all commerce , both publique and private , destroyed ; and men again enforced to permutation with things not subject to wit or fraud . the regulating of coine hath been left to the care of princes , who are presumed to be ever the fathers of the common-vvealth . upon their honours they are debtors and vvarranties of justice to the subject in ●hat behalf . they cannot , saith bodin , alter the price of the moneyes , to the prejudice of the subjects , without incurring the reproach of faux m●nnoyeurs . and therefore the stories term philip le bell , for using it , falsificateur de moneta . omnino monetae integritas debet queriubi vultus noster imprimitur , saith theodoret the gothe to his mint-master , quidnam erit tutum si in nostra peccetur effigie ? princes must not suffer their faces to warrant falshood . although i am not of opinion with mirror des justices , the antient book of our common law , that le roy ne poit sa mony empeirer ne amender sans l'assent de touts ses counts , which was the greatest councel of the kingdome ; yet can i not pass over the goodness and grace of money of our kings : ( as edward the . and the . henry the . and the . with others , who , out of that rule of this justice , quod ad omnes spectat , ab omnibus debet approbari , have often advised with the people in parliament , both for the allay , weight , number of peeces , cut of coynage and exchange ; ) and must with infinite comfort acknowledge , the care and justice now of my good master , , and your lordships wisdoms , that would not upon information of some few officers of the mint , before a free and careful debate , put in execution this project , that i much ( under your honours favour ) suspect , would have taken away the tenth part of every man's due debt , or rent already reserved throughout the realm , not sparing the king ; which would have been little lesse then a species of that which the roman stories call tabulae novae , from whence very often seditions have sprung : as that of marcus gratidianus in livie , who pretending in his consulship , that the currant money was wasted by use , called it in , and altered the standard ; which grew so heavy and grievous to the people , as the author saith , because no man thereby knew certainly his wealth , that it caused a tumult . in this last part , which is , the disprofit this enseebling the coyn will bring both to his majestie and the common-wealth , i must distinguish the monies of gold aud silver , as they are bullion or commodities , and as they are measure : the one , the extrinsick quality , which is at the king's pleasure , as all other measures , to name ; the other the intrinsick quantity of pure metall , which is in the merchant to value . as there the measure shall be either lessened or inlarged , so is the quantity of the commodity that is to be exchanged . if then the king shall cut his shilling or pound nominal less then it was before , a lesse proportion of such commodities as shall be exchanged for it must be received . it must then of force follow , that all things of necessity , as victuall , apparell , and the rest , as well as those of pleasure , must be inhaunced . if then all men shall receive , in their shillings and pounds a lesse proportion of silver and cold then they did before this projected alteration , and pay for what they buy a rate inhaunced , it must cast upon all a double loss . what the king will suffer by it in the rents of his lands , is demonstrated enough by the alterations since the . of edward the . when all the revenue of the crown came into the receipt pondere & numero , after five groats in the ounce ; which since that time , by the severall changes of the standard is come to five shillings , whereby the king hath lost two third parts of his just revenue . in his customs , the best of rate being regulated by pounds and shillings , his majesty must lose alike ; and so in all and whatsoever monies that after this he shall receive . the profit by this change in coynage , cannot be much , nor manent . in the other the loss lasting , and so large , that it reacheth to little less then yearly to a sixth part of his whole revenue : for hereby in every pound tale of gold there is nine ounces , one penny weight , and grains loss , which is l. in account , and in the . tale of silver ounces , which is l. s. more . and as his majestie shall undergoe all these losses hereafter in all his receipts ; so shall he no less in many of his disbursements . the wages of his souldiers must be rateably advanced as the money is decreased . this edward the third ( as appeareth by the account of the wardrobe and exchequor ) as all the kings after were enforced to do , as oft as they lessened the standard of their monies . the prices of what shall be bought for his ma●esties service , must in like proportion be inhaunced on him . and as his majesty hath the greatest of receipts and issues , so must he of necessity taste the most , of loss by this device . it will discourage a great proportion of the trade in england , and so impair his majesty's customs . for that part ( being not the least ) that payeth upon trust and credit will be overthrown ; for all men being doubtful of diminution hereby of their personal estates , will call their moneys already out , and no man will part with that which is by him , upon such apparent loss as this must bring . what danger may befall the state by such a suddain stand of trade , i cannot guess . the monies of gold and silver formerly coyned and abroad , being richer then these intended , will be made for the me part hereby bullion , and so transported ; which i conceive to be none of the least inducements that hath drawn so many gold-smiths to side this project , that they may be thereby factors for the strangers , who by the lowness of minting ( being but s. silver the pound weight , and s . for gold ; whereas with us the one is . and the other s. ) may make that profit beyond-sea they cannot here , and so his majesty's mint unset on work . and as his majesty shall lose apparently in the alteration of monies a . in all the silver , and a . part in all the gold he after shall receive ; so shall the nobility , gentry , and all other , in all their former setled rents , annuities , pensions and loanes of money . the like will fall upon the labourers and workmen in their s●●tute-wages : and as their receipts are lessened hereby ; so are their issiues increased , either by improving all prices . or disfurnishing the market , which must necessarily follow . for if in . edwardi . . mariae , and . elizabethae , it appeareth by the proclamations , that a rumor only of an alteration caused these effects , punishing the author of such reports with imprisonment and pillory ; it cannot be doubted but the projecting a change must be of far more consequence and danger to the state , and would be wished that the actors and authors of such disturbances in the common-wealth , at all times hereafter might undergo a punishment proportionable . it cannot beheld ( i presume ) an advice of best judgment that layeth the loss upon our selves , and the gain upon our enemies : for who is like to be in this the greater thriver ? is it not usual , that the stranger that transporteth over monies for bullion , our own gold-smiths that are their brokers , and the forreign hedgeminters of the netherlands ( which terms them well ) have a resh and full trade by this abatement ? and we cannot do the spanish king ( our greatest enemie ) so great a favour as by this , who being the lord of this commodity by his w●st - indies , we shall so advance them to our impoverishing ; for it is not in the power of any state to raise the price of their own , but the value that their neighbour princes acceptance sets upon them . experience hath taught us , that the enfeebling of coyn is but a shift for a while , as drink to one in a dropsy , to make him swell the more : but the state was never throughly cured , as we saw by henry the eighths time and the late queens , untill the coyn was made up again . i cannot but then conclude ( my honourable lords ) that if the proportion of gold and silver to each other be wrought to that parity , by the advice of artists , that neither may be too rich for the other , that the mintage may be reduced to some proportion of neighbour parts , and that the issue of our native commodities may be brought to overburthen the entrance of the forreign , we need not seek any way of shift , but shall again see our trade to flourish , the mint ( as the pulse of the common-wealth ) again to beat , and our materials , by industry , to be a mine of gold and silver to us , and the honour , justice and profit of his majestie ( which we all wish and work for ) supported . the answer of the committees appointed by your lordships to the proportion delivesed by some officers of the mint , for inhauncing his majestie 's monies of gold and silver . . september . the first part . the preamble . vve conceive that the officers of the mint are bound by oath to discharge their several duties in their several places respectively . but we cannot conceive how they should stand tyed by oath to account to his majesty and your honors of the intrinsick value of all forreign coyns , and how they agree with the standard of the state ( before they come to the mint ) for it is impossible and needless : in the one , for that all forreign states do , for the most part , differ from us and our money infinitely amongst themselves : in the other ; it being the proper care of the merchants , who are presumed not to purchase that at a dearer rate then they may be allowed for the same in fine gold and silver in the coyn of england , within the charge of coynage . and therefore needless . to induce the necessity of the proposition , they produce two instances or examples ; the one from the rex doller , and the other from the royal of eight ; wherein they have untruely informed your honours of the price and value in our monies , and our trade of both of them . for whereas they say , that the rex doller weigheth . penny weight and . grains , and to be of the finest at the pound weight , . ounces , pence weight , doth produce in exchange . s. . d. farthing of sterling monies . we do affirm that the same dollar is . d. weight . grains , and in fineness . ounces . d , weight , equal to . s. . d.ob . of sterling monies , and is at this time in london at no higher price , which is short thereof by . grains and a half fine silver upon every dollar , being . d. sterling or thereabout , being the charge of coynage , with a small recompence to the gold● smith or exchanger , to the profit of england . s. . d. per centum . whereas they do in their circumstance averr unto your honours , that this dollar runs in account of trade amongst the merchants as . s. . d. ob . english money : it is most false . for the merchants and best experienced men protest the contrary , and that it pas●eth in exchange according to the int●insick value onely s. . d. ob . of the sterling money , or neer thereabouts , and not otherwise . the second instance is in the royall of eight ; affirming that it weigheth . penny weight , . grains ; and being but of the fineness of . ounces at the pound weight , doth pass in exchange at s. of our sterling moneys , whereby we lose . s . d. in every pound weight . but having examined it by the best artists , we find it to be . ounces , . d. weight fine , and in weight . penny weight , . grains ; which doth equal . s. . d. ob . of our sterling monies , and passeth in london at that rate , and not otherwise , though holding more fine silver by . grains and a half in every royall of eight , which is the charge of coynage , and a small overplus for the gold-smiths gain . and whereas they say , that the said royall of eight runs in account of trade at s. of his majestie 's now english money ; the merchants do all affirm the contrary , and that it passeth only at s. . ob . of the sterling monies , and no higher ordinarily . and it must be strange ( my honourable lords ) to believe that our neighbours the netherlanders , would give for a pound tale of our sterling silver , by what name soever it passeth , a greater quantity of their monies in the like intrinsick value by exchange ; or that our merchants would , knowing , give a greater for a less to them , except by way of usance . but the deceipt is herein only , that they continually varying their coyn , and crying it up at pleasure , may deceive us for a time , in too high a reputation of pure silver in it , upon trust , then there is , untill a trial ; and this , by no alteration of our coyn , unless we should daily , as they make his majestie 's standard uncertain , can be prevented , which being the measure of lands , rents and commerce amongst our selves at home , would render all uncertain , and so of necessity destroy the use of money ; and turn all to permutation of such things as were not subject to will or change . and as they have mistaken the ground of their proposition ; so have they , upon a specious shew of some momentary and small benefit to his majesty , reared up a vast and constant loss unto his highness by this design , if once effected . for , as his majesty hath the argest portion of any both in the entrances and issues ; so should he by so enfeebling of his coyn , become the greatest loser . there needs no other instance then those degrees of diminution from the . of edwards , . to this day ; at which time the revenue of the crown was paid after five groats the ounce ( which is now five shillings ) which hath lost his majesty two thirds of all his revenue ; and no less hath all the nobility , gentry , and other his majestie 's landed subjects in proportion suffered . but since , to our great comfort ; we heard your honours the last day to lay a worthy blame upon the mint-masters , for that intended diminution of the gold-coyn done by them without full warrant ; by which we rest discharged of that fear : we will ( according to our duties and your honours command ) deliver humbly our opinion concerning the reduction of the silver money now currant to be proportionably equivalent to the gold. the english sterling standard , which was no little honour to edward the first , that setled it from an inconstant motion , and laid it a ground that all the states of europe after complyed to bring in their account , which was of silver an to one of gold , the kings of england for the most part since have constantly continued the same proportion : and spain , since ferdinand , who took from hence his pattern , have held and hold unchangeably the same unto this day : but since with us , a late improvement of gold hath broke that rule , and cast a difference in our silver of six shillings in the pound weight ; we cannot but in all humility present our fear , that the framing , at this time of an equality , except it were by reducing the gold to the silver , is not so safe and profitable as is proposed by those of the mint . for whereas they pretend this , our richness of our silver will carry out what now remaineth : we conceive ( under favour ) it will have no such effect , but clean contrary . for all the currant silver now abroad hath been so culled by some gold-smiths , the same either turned into bullion , and so transported , that that which now remaineth will hardly produce . s. in the pound weight one with another ; and so not likely , for so little profit as now it goeth , to be transported . but if the pound sterling should be as they desire , cut into . s. d. it must of necessity follow , that the new money will convert the old money ( now currant ) into bullion ; and so afford a trade afresh for some ill patriot gold-smiths , and others , who formerly have more endamaged the state by culling , then any others by clipping ; the one but trading in pounds , the other in thousands ; and therefore worthy of a greater punishment . and we cannnot but have just cause ( my lords ) to fear that these bad members have been no idle instruments , for their private benefit , to the publick detriment , of this new project , so much tending to enfeebling the sterling standard : we further ( under your lord ships favours ) conceive , that the raising of the silver to the gold , will upon some suddain occasion beyond sea , transport our gold , and leave the state in scarcity of that , as now of silver . and to that objection of the proposers , that there is no silver brought of late into the mint ; the causes we conceive to be ( besides the unusual quantities of late brought into the mint in gold ) one the overballasing of late of trade ; the other , the charge of coynage . for the first , it cannot , be but the late infection of this city was a let of exportation of our best commodity , cloth , made by that suspected in every place . to this may be added the vast sums of money which the necessary occasion of war called from his majesty to the parts beyond the seas , when we had least of commodities to make even the ballance there . and lastly , dearth and scarcity of corn , which in time of plenty we ever found the best exchange to bring in silver . and therefore , since by gods great favour the plague is ended , and general trade thereby restored , and more of plenty this year , then hath been formerly these many years , of corn , we doubt not but if the ports of spain were now as free as they were of late , there would not prove hereafter any cause to complain of the want of bullion in the state. the second cause , that the mint remains unfurnished ; will be the charge of coynage , raised in price so far above all other places , constraining each man to carry his bullion where he may receive by coynage the less of loss . and therefore if it may please his majesty to reduce the prices here to the rates of other of our neighbour countreys , there will be no doubt but the mint will beat as heretofore . questions to be proposed to the merchants , mint-masters , and gold-smiths , concerning the alteration of the silver monies . . vvhether the englist monies now currant are not as dear as the forreign of the dollar and reall of . in the intrinsick value in the usual exchanges now made by the merchants beyond-seas ? . whether this advancing will not cause all the silver-bullion , that might be transported in mass or forreign coyn , to be minted with the king's stamp beyond-sea , and so transported , and his mint thereby set less on work then now ? . whether the advancing the silver-coyn in england will not cause a transportation of most of that that is now currant to be minted in the netherlands , and from them brought back again , whereby his majestie 's mint will fail by the exported benefit ? . whether the advancing the silver coyn , if it produce the former effects , will not cause the markets to be unfurnished of present coyn to drive the exchange , when most of the old will be used in bullion . . whether the higher we raise the coyn at home , we make not thereby our commodities beyond-sea the cheaper ? . whether the greatest profit by this enhauncing , will not grow to the ill members of the state , that have formerly culled the weightiest peeces , and sold them to the stranger-merchants to be transported ? certain general rules collected concerning money and bullion , out of the late consultation at court. gold and silver have a twofold estimation : in the extrinsick , as they are monies , they are the princes measures given to his people , and this is a prerogative of kings : in the intrinsick they are commodities , valuing each other according to the plenty or scarcity ; and so all other commodities by them ; and that is the sole power of trade . the measures in a kingdom ought to be constant : it is the justice and honour of the king : for if they be altered , all men at that instant are deceived in their precedent contracts , either for lands or money , and the king most of all : for no man knoweth then , either what he hath or what he oweth . this made the lord treasurer burleigh in . when some projectors had set on foot a matter of this nature , to tell them , that they were worthy to suffer death for attempting to put so great a dishonour on the queen , and detriment and discontent upon the people . for , to alter this publick measure , is to leave all the markets of the kingdome unfurnished ; and what will be the mischief , the proclamations of . edwardi . . mariae and . elizabethae , will manifest ; when but a rumor of the like produced that effect so far , that besides the faith of the princes to the contrary delivered in their edicts , they were inforced to cause the magistrates in every shire respectively to constrain the people to furnish the markets to prevent a mutiny . to make this measure then , at this time short , is to raise all prizes , or to turn the money or measure now currant into disise or bullion : for who will depart with any , when it is richer by seven in the hundred in the mass , then the new monies ; and yet of no more value in the market ? hence of necessity , it must follow , that there will not in a long time be sufficient minted of the new to drive the exchange of the kingdome , and so all trade at one instant at a stand ; and in the mean time the markers unfurnished : which how it may concern the quiet of the state , is worthy care . and thus far as money is a measure . now , as it is a commodity , it is respected and valued by the intrinsick quality . and first the one metall to the other . all commodities are prized by plenty or scarsity , by dearness or cheapness , the one by the other : if then we desire our silver to buy gold , as it late hath done , we must let it be the cheaper , and less in proportion valued ; and so contrary : for one equivalent proportion in both will bring in neither . we see the proof thereof by the unusual quantity of gold brought lately to the mint by reason of the price ; for we rate it above all other countries , and gold may be bought too dear . to furnish then this way the mint with both , is altogether impossible . and at this time it was apparently proved , both by the best artists and merchants most acquainted with the exchange , in both the examples of the mint-masters , in the rex dollar and reall of eight , that silver here is of equal value , and gold above , with the forreign parts in the intrinsick ; and that the fallacy presented to the lords by the mint-masters , is only in the nomination or extrinsick quality . but if we desire both , it is not raising of the value that doth it ; but the ballasing of trade : for buy we in more then we sell of other commodities , be the money never so high prized , we must part with it to make the disproportion even : if we sell more then we buy , the contrary will follow : and this is plain in spain's necessities : for should that king advance to a double rate his reall of . yet needing , by reason of the barrenness of his countrey , more of forreign wares then he can countervail by exchange with his own , he must part with his money , and gaineth no more by enhauncing his coyn , but that he payeth a higher price for the commodities he buyeth ; if his work of raising be his own . but if we shall make improvement of gold and silver , being the staple commodity of his state ; we then advancing the price of his , abase to him our own commodities . to shape this kingdom to the fashion of the netherlanders , were to frame a royal monarch by a society of merchants . their countrey is a continual fair , and so the price of money must rise and fall to fit their occasions . we see this by raising the exchange at franckford and other places at the usual times of their marts . the frequent and daily change in the low countries of their monies , is no such injustice to any there as it would be here . for being all either mechanicks or merchants , they can rate accordingly their labours or their wares , whether it be coyn or other merchandise , to the present condition of their own money in exchange . and our english merchants , to whose profession it properly belongs , do so , according to the just intrinsick value of their forreign coyn , in all barter of commodities , or exchange , except at usance ; which we , that are ruled and tyed by the extrinsick measure of monies , in all our constant reckonings add annual bargains at home , cannot do . and for us then to raise our coyn at this time to equal their proportions , were but to render our selves to a perpetual incertainty : for they will raise upon us daily then again ; which if we of course should follow , else receive no profit by this present change , we then destroy the policy , justice , honour and tranquility of our state at home for ever . the danger wherein this kingdome now standeth , and the remedy . written by sir rob. cotton knight and baronet . london , printed in the year . the danger wherein this kingdome now standeth , and the remedie . as soon as the house of austria had incorporated it self into the house of spain , and by their new discoveries gotten to themselves the wealth of the indies ; they began to affect , and have ever since pursued a fifth monarchy . the emperour charles would first have laid the foundation thereof in italy , by surprizing rome . but from this he was thrust by the force and respect of religion , henry the . being made caput foederis against him . he then attempted it in high-germany , practising ( by faction and force ) to reduce those petty states to his absolute power . in this henry the . again prevented him , by tying the lutber an princes under his confederacy and assistance . his son , the second philip , pursued the same ambition in the nether germany , by reduction whereof he intended to make his way further into the other . this the late queen of england interrupted , by siding with the afflicted people on the one part , and making her self head of the protestant league with the princes on the other side ; drawing in , as a secret of state , the countenance of france , to give the more reputation and assistance to them , and security to it self , spain seeing his hopes thus fruitless by these unions and sleights , began first , to break ( if he might ) the amity of france and england : but finding the common danger to be as fast a tye , he raiseth up a party in that kingdome of his own , by the which the french king was so distressed , that had not the english councel and assistance relieved him , spain had there removed that next and greatest obstacle of his ambition . his councel now tells him , from these examples , that the way to his great work is impassible so long as england lies a let into his way ; and adviseth him , that the remove of that obstacle be the first of his intents . this drew on those often secret practices against the person of the late queen , and his open fury in . against the body of the state : for which she ( following the advice of a free councell ) will never after admit of peace , winning thereby the hearts of a loving people , who ever found hands and money for all occasions at home , and keeping sacredly her alliances abroad , secured her confederates , all her time , in freedome from fear of spanish slavery ; and so ended her old and happy dayes in great glory . spain then , by the wisdome and power of that great lady , dispoiled so of his means to hurt , though not of his desire , makes up , with her peaceful successor of happy memory , the golden league , that ( disarming us at home by opinion of security , and giving them a power in our councel by believing their friendship and pretended marriage ) gave them way to cherish amongst us a party of their own , and ( bereaft of power abroad ) to lead in jealousie , and sow a division between us and our confederates ; by which ( we see ) they have swallowed up the fortune of our master's brother , with the rest of the imperial states , distressed the king of denmark by that quarrell , diverted sweden's assistance by the wars with the pole , and moving of him now with the offer of the danish ) crown : and now ( whether from the plot , or our fatality ) it hath cast such a bone between france and us , as hath gotten themselves ( by our quarrel of religion ) a fast confederate , and us a dangerous enemy : so that now we are left no other assurance against their malice and ambition , but the nether-lands ; where the tye of mutual safety is weak'ned by dayly discontents bred and fed between us from some ill-affected to both our securities ; that from the doubtfulness of friendship as now we stand . we may rather expect from our own domestick faction , if they grow too furious , they will rather follow the example of rome in her growing ; that held it equally safe , honourable , and more easie , dare rege●● , th● sub●ugare provincian ; considering the po●er they have their hands , then to gi●e any friendly assistance to serve the present condition of our state. you may see therefore in what terms we stand abroad ; and i fear me , at home , for resistance in no better state. there must be , to withstand a forreign invasion , a proportion both of sea and land-forces ; for to give an enemy an easie passage , and a port to relieve him in , is no less then to hazard all at one stake . and it is to be considered , that no march by land , can be of that speed , to make head against the landing of an enemy , nor no such prevention as to be mr. of the sea. to this point of necessary defence , there can be no less then . l. for the land-forces ; if it were for an joffensive war , the men of less livelihood were the best spared , and were used formerly to make such war , purgamento reipublicae , if we made no further purchase by it . but for safety of a common-wealth , the wisdom of all times , did never interest the publick cause to any other then such as had a portion in the publick adventure . and that we saw in . when the ear of the queen and councel did make the body of that large army , no other then of trained bands , which with the auxiliaries of the whole realm , amounted to no less then . men . neither were any of those drawn out from forth their countries , and proper habitations before the end of may , that there might be no long aggrievance to the publick ; such discontentments being ever to us a more fatal enemy then any forreign force . the careful distribution and direction of the sea and land-forces , being more fitting for a councel of war , then a private man to advise of , i pass over ; yet shall ever be willing and ready ( when i shall be called ) humbly to offer up such observations , as i have formerly gathered by the former like occasions of this realm . to make up this preparation , there are requisite two things : money & affections ; for they cannot be properly severed . it was well & wisely said , by that great and grave councellor the lord burleigh in the like case to the late queen : win hearts , & you may have their hands & purses ; and i find of late , that diffidence having been a defect in the one , it hath unhappily produced the other . in gathering then of money for this present need , there are required three things : speed , assurance , and satisfaction . and the way to gather ( as others in the like cases have done ) must be by that path , which hath been formerly called via regia , being more secure & speedy : for , by unknown and untroden ways , it is both rough & tedious , & seldom succeedeth well this. last way , although it took place as it were by a supply at first , and received no general denyal ; yet since it hath drawn many to consider with themselves and others of the consequence , and is now conceived a pressure on their liberties and against law , i much fear , if now again it be offered , either in the same face , or by privy seal , it will be refused wholly . neither find i that the restraint of those recusants hath produced any other effect then a stiff resolution in them and others to forbear . besides , though it went at the first with some assurance ; yet when we consider the commissions and other forms incident to such like services , as that how long it hangs in hand , and how many delays there were , we may easily see , that such a sum by parliament granted , is far sooner and more easily gathered . if any will make the successes of times to produce an inevitable necessity to enforce it levied ( whether in general ) by excise , or imposition , or in particular upon some select persons ( which is the custom of some countreys ) and so conclude it ( as there ) for the publick state , suprema lege ) he must look for this to be told him : that seeing necessity must conclude always to gather money , as less speedy or assured then that so practised ( which cannot be fitter then by parliament ) the success attendeth the humors of the heedless multitude , that are full of jealousie and distrust ; and so unlike to comply to any unusual course of levy , but by force : which if used , the effect is fearful , and hath been fatal to the state ; whereas that by parliament resteth principally on the regal person , who may with ease and safety mould them to his fit desire , by a gracious yielding to their just petitions . if a parliament then be the most speedy , assured , and safe way ; it is fit to conceive , what is the safest way to act and work it to the present need . first , for the time of the usual summons , reputed to be . days , to be too large for the present necessity ; it may be by dating the writ lessened ; since it is no positive law ; so that a care be had that there may be one county day , after the sheriff hath received the writ before the time of sitting . if then the sum to be levyed be once agreed of , for the time there may be in the body of the grant an assignment made to the knights of every county respectively , who ( under such assurance ) may safely give security proportionable to the receipts , to such as shall in present advance to the publick service any sums of money . the last and weightiest consideration ( if a parliament be thought fit ) is , how to remove or comply the differences between the king and subject in their mutual demands . and what i have learned amongst the better sort of the multitude , i will freely declare ; that your lordships may be the more enabled to remove and answer those distrusts , that either concern religion , publick safety of the king and state , or the just liberties of the common-wealth . for religion ( a matter that they lay nearest to their conscience ) they are led by this gro●●d of jealousie to doubt some practise against it . first , for that the spanish match , which was broken by the grateful industry of my lord of bucking ▪ out of his religious care ( as he there declares ) that the articles there demanded might lead in some such sufferance as might endanger the quiet , if not the state of the reformed religion here : yet there have ( when he was an actor principal in the conditions with france ) as hard , if not worse ( to the preservation of our religion ) passed then those with spain . and the suspect is strengthened by the close keeping of this agreement in that point there concluded . it is no less an argument of doubt to them of his affections , in that his mother end others , many of his ministers of neer imployment about him , are so affected . they talk much of his advancing men papistically devoted ; some placed in the camp , of nearest service and chief command : and that the recusants have gotten , these late years , by his power , more of courage and assurance then before . if to clear these doubts ( which perhaps are worse in fancy then in truth ) he took a good course , it might much advance the publick service , against those squeymish humors that have more violent passion then setled judgment ; & are not the least of the opposite number in the common-wealth . the next is , the late misfortunes and losses of men , munition , and honour in our late vndertakings abroad : which the more temperate spirits impute to want of councel , and the more sublime wits to practise . they begin with the palatinate , and by the fault of the loss there , on the improved credit of gondomar , distrusting him for the staying of supplyes to sir horace vere , when colonell cecill was cast on that imployment , by which the king of spain became master of the king's children's inheritance . and when count-mansfield had a royal supply of forces , to assist the princes of our part , for the recovery thereof : either plot or error defeated the enterprize from us , to spains great advantage . that sir robert mansfield's expedition to algiers , should purchase only the security and guard of the spanish coasts . to spend so many hundred thousand pounds in the cales voyage , against the advice of parliament , onely to warn the king of spain to be in a readiness , & so to weaken our selves , is taken for such a sign of ill affection to him , amongst the multitude . the spending of so much munition , victuals , and money in my lord willoughbie's journey , is conceived , an vnthrifty error in the director of it to disarm our selves in fruitless voyages , nay , to some ( over-curious ) seems a plot of danger , to turn the quarrel of spain ( our antient enemy ) that the parliament petitioned and gave supply to support , upon our ally of france : and soon after , a new & happy tye gave much talk that we were not so doubtful of spain as many wish ; since it was held , not long ago , a fundamental rule of their security and our's , by the old lord treasurer burleigh : that nothing can prevent the spanish monarchy , but a fastness of the two princes , whose amity gave countenance and courage to the netherlands and german princes to make head against his ambition . and we see , by this dis-union a fearful defeat hath happened to denmark and that party , to the great advantage of the austrian family . and thus far of the waste of publick treasure in fruitless expeditions : an important cause to hinder any new supply in parliament . another fear that may disturb the smooth and speedy passage of the king's desires in parliament , is the late waste of the kind's lively-hood ; whereby is like ( as in former times ) to arise this jealousie & fear : that when he hath not of his own to support his ordinary charge ( for which the lands of the crown were setled unalterable , and called sacrum patrimonium principis ) that then he must of necessity rest on those assistances of the people which ever were only collected & consigned for the common-wealth . from hence is is like , there will be no great labour or stiffness to induce his majesty to an act of resumption ; since such desires of the state have found an easie way in the will of all the princes from the third henry to the last . but that which is like to pass deeper into their disputes and care , is the late pressures they suppose to have been done upon the publick libertie and freedom of the subject , in commanding their goods without assent by parliament , confining their persons without especial cause declared ; and that made good against them by the judges lately ; and pretending a writ to command their attendance in a forreign war : all which they are likely to enforce , as repugnant to many positive laws , and customary immunities of this common-wealth . and these dangerous distrusts , to the people are not a little improved by this un-exemplified course ( as they conceive ) of retaining an inland army in winter-season , when former times of greatest fear , as . produced no such ; and makes them ( in their distracted fears ) to conjecture ( idly ) it was raised wholly to subvert their fortunes to the will of power , more then of law ; and so make good some further breaches upon their liberties and freedoms at home , rather then defend us from any force abroad . how far such jealousies , if they meet with an unusual disorder of lawless souldiers , or an apt distemper of the loose and needy multitude , which will easily turn away upon any occasion in the state that they can side withal , to a glorious pretence of religion and publick safety , when their true intent will be onely rapine of the rich , and ruine of all , is worthy a provident and preventing care . i have thus far delivered ( with that freedom you pleased to admit ) such difficulties as i have taken up amongst the multitude , as may arrest , if not remove impediments to any speedy supply in parliament at this time . which how to facilitate , may better become the care of your lordships judgments , then my ignorance . only i could wish , that to remove away a personal distaste of my lord of buckingham amongst the people , he might be pleased ( if there be a necessity of parliament ) to appear a first adviser thereunto : & what satisfaction it shall please his majesty , of grace , to give at such time to his people ( which i wish to be grounded by president of his best and most fortunate progenitors , & which i conceive will largly satisfy the desires & hopes of all ) if it may appear in some sort to be drawn down from him to the people , by the zealous care & industry that my l. of buck hath of the publick unity & content ; by which there is no doubt that he may remain , not only secure from any further quarrel with them , but merrit an happy memory amongst them of a zealous patriot . for to expiate the passion of the people at such a time with sacrifice of any his majesties servants , i have ever found it ( as in e. the . r. the . and h. . ) no less fatal to the master , then the minister in the end . valour anatomized in a fancie . by sir philip sidney . . london , printed in the year . valour anatomized in a fancie . valour towards men , is an emblem of ability ; towards women , a good quality signifying a better . nothing draws a woman like to it . nothing is more behoveful for that sex : for from it they receive protection , and in a free way too , without any danger . nothing makes a shorter cut to obtaining : for a man of arms is alwayes void of ceremony , which is the wall that stands betwixt piramus and thisby , that is man , and woman : for there is no pride in women but that which rebounds from our own baseness ( as cowards grow valiant upon those that are more cowards ) so that only by our pale asking we teach them to deny ; and by our shamefac'dness we put them in mind to be modest . whereas indeed it is cunning rhetorick to perswade the hearers that they are that already which the world would have them to be . this kind of bashfulness is far from men of valourous disposition , and especially from souldiers : for such are ever men ( without doubt ) forward and confident , losing no time left they should lose opportunity , which is the best factor for a lover . and because they know women are given to dissemble , they will never believe them when they deny . certainly before this age of wit and wearing black , brake in upon us , there was no way known to win a lady , but by tilting , turneying , and riding to seek adventures through dangerous forrests : in which time these slender striplings with little legs were held but of strength enough to marry their widdows . and even in our days , there can be given no reason of the inundation of servingmen upon their mistresses , but onely that usually they carry their masters weapons , and their valour . to be accounted handsome , just , learned , and well favoured , all this carries no danger with it . but it is better to be admitted to the title of valiant acts : at least that imports the venturing of mortality ; and all women delight to hold him safe in their arms who hath escaped thither through many dangers . to speak t once ; man hath a priviledge in valour . in cloaths and good faces we do but imitate women ; and many of that sex will not think much ( as far as an answer goes ) to dissemble wit too . so then these neat youths , these women in mens apparell , are too near a woman to be beloved of her ; they be both of a trade , but he of grim aspect , and such a one a lass dares take , and will desire hint for newness and variety . a scar in a mans face , is the same that a mole is in a womans , and a mole in a womans is a jewel set in white , to make it seem more white . so a scar in a man is a mark of honour , and no blemish , for 't is a scar and a blemish in a souldier to be without one . now as for all things else which are to procu●e love , as a good face , wit , cloaths , or a good body ; each of them ( i must needs say ) works somewhat for want of a better ; that is , if valour corri●e not therewith . a good face a●aileth nothing ; if it be on a coward that is bashful , the utmost of it is to be kist ; which rather increaseth than quen●beth appetite . he that sendeth her gifts , sends her word also , that he is a man of small gifts otherwise ; for wooing by signs and tokens , implies the author dumb . and if ovid ( who writ the law of love ) were alive , as he is extant , and would allow it as a good diversity ; then gifts should be sent as gratuities ; not as bribes ; and wit would rather get promise , than love. wit is not to be seen , and no woman takes advice of any in her loving , but of her own eyes , or her wayting woman : nay , which is worse , wit is net to be felt , and so no good bedfellow . wit applyed to a woman makes her dissolve her simperings , and discover her teeth with laughter ; and this is surely a purge for love : for the beginning and original of love is a kind of foolish melancholly . as for the man that makes his taylor his bawde , and hopes to inveagle his love with such a coloured suit , surely the same man deeply hazzards the losse of her favour upon every change of his cloaths . so likewise the other that courts her silently with a good body , let me tell him that his cloaths stand alwayes betwixt his mistriss eyes and him . the comliness of cloaths depends upon the comliness of the body , and so both upon opinion . she that hath been seduced by apparell , let me give her to wit , that men always put off their cloaths before they go to bed ; and let her that hath been inamoured of her servants body , understand , that if she saw him in a skin of cloath ( that is , in a suit made to the pattern of his body ) she would discern slender cause to love him ever after . there are no cloaths fit so well in a womans eye , as a suit of steel , though not of the fashion : and no man so soon surpriseth a womans affections , as he that is the subject of whisperings , and hath alwayes some stories of his own atchievements depending upon him mistake me not , i understand not by valour one that never fights but when he is backt by drink or anger , or hissed on by beholders ; nor one that is desperate , nor one that takes away a servingmans weapons , when perhaps they cost him his quarters wages ; nor one that wears a privy coat of defence , and therein is confident : for then such as make bucklers would be accounted the very scum of the common-wealth . i intend one of an even resolution , grounded upon reason , which is alwayes even ; having his power restrained by the law of not doing wrong . philip sidney . wooing-stuff . faint amorist : what , do'st thou think to taste loves honey , and not drink one dram of gall ? or to devour a world of sweet , and taste no sour ? do'st thou ever think to enter th' elisian fields that dar●st not venture in charons barge ? a lovers mind must use to sayle with every wind . he that loves , and fears to try , learns his mistris to deny . doth she chide thee ? 't is to shew it , that thy coldness makes her do it ; is she silent ? is she mute ? silence fully grants thy sute ; doth she pout , and leave the room ? then she goes to bid thee come ; is she sick ? why then be sure , she invites thee to the cure ; doth she cross thy sute with no ? tush , she loves to hear the woo ; doth she call the faith of man in question ? nay , ' uds-foot , she loves thee than ; and if e're she make a blot . she 's lost , if that thou hit'st her not . he that after ten denials , dares attempt no farther tryals , hath no warrant to acquire the dainties of his chaste desire . philip sidney . sir francis walsingham ' s anatomizing of honesty , ambition , and fortitude . written in the year . london : printed in the year . sir francis walsinghams anatomizing of honesty , ambition , and fortitude . what it is directly that i wil write , i know not : for , as my thoughts have never dwelt long upon one thing ; and so my mind hath been filled with the imagination of things of a different nature : so there is a necessity that this ofspring of so un-composed a parent must be mishaped , answerable to the original from whence it is derived . somewhat i am resolved to write , of some virtues , and some vi●es , and some indifferent things . for , knowing that a mans life is a perpetual action , which every moment is under one of these three heads ; my imaginations have ever chiefly tended to find cut the natures of these things , that i might , ( as much as my frailty ( the inseperable companion of mans nature ) would give me leave ) wear out this garment of my body , with as little inconvenience to my soul as i could , and play this game of conversation ( in which every one ( as long as he lives ) makes one ) with the reputation of a fair gamester , rather than of a cunning one . and first i will write of honesty ; not in its general sense ( in which it comprehends all moral vertues ) but in that particular in which ( according to our phrase ) it denominates an honest man. honesty is a quiet passing over the days of a mans life , without doing injury to another man. there is required in an honest man , not so much to do every thing as he would be done unto , as to forbear any thing that he would not be content to suffer ; for the essence of honesty consists in forbearing to do ill : and to good acts is a proper passion , and no essential part of honesty . as chastity is the honesty of women , so honesty is the chastity of man. either of them once impaired is irrecoverable . for a woman that hath lost her maidenhead , may as easily recover it , as a man that hath once taken liberty of being a knave can be restored to the title of an honest man. for honesty doth not consist in the doing of one , or one thousand acts never so well ; but in spinning on the delicate threds of life , though not exceeding fine , yet free from bracks , and staines . we do not call him an honest man , but a wotthy man , that doth brave eminent acts : but we give him the title of an honest man , of whom no man can truly report any ill . the most eminent part of honesty is truth : not in vvords ( though that be necessarily required ) but in the course of his life ; in his profession of friendship ; in his promise of rewards and benefits to those that depend upon him ; and grateful acknowledging those good turns that he receives from any man. the greatest opposite to honesty is falshood ; and as that is commonly waited upon with cunning and dissimulation , so is honesty with discretion and assurance . it is true , that custome makes some apparently false ; some through impudence , and too much use ; and other some for want of discretion , which if they had had , should have been employed in covering it . and there be some , in whom ( though it be impossible honesty should be a fault in society ) their indiscreet managing of it , makes it holden for a thing that 's meerly a vice , a wonderful troublesome companion . an honest man is as neer an aptitude to become a friend , as gold is to become coyne : he will melt with good offices well done , and will easily take the stampe of true friendship ; and having once taken it , though it may be bended and bruised , yet still will keep his stamp clean without rust or canker , and is not ashamed to be enclosed in it , but is contented to have all his glory seen through it onely . it is of it self a competent estate of vertue , able to supply all necessary parts of it to a man 's own particular , and a man that is born to it , may raise himself to an eminency in all vertues ; though of it self it will not furnish a man with the abilities of doing any glorious thing . it is pity that honesty should be abstracted from the lustre of all other vertues . but if there be such an honesty , the fittest seat for it is the countrey , where there will be little need of any greater ability , and it will be least subject to corruption . and therefore , since it is the foundation upon which a man may build that part of his life which respects conversation , he that builds upon it ( let his actions be never so mean ) shall be sure of a good , though not of a great reputation ; whereas letting it perish , let the rest of the building of his life be never so eminent , it will serve but to make the ruine of his good name more notorious . of ambition . love , honour , and praise are the greatest blessings of this world : all other contents reflect primarily upon the body : and please the soul onely because they please some one or more senses . but those therefore only delight the senses , because the soul by discourse was first pleased with them . for in it self there is more musick in a railing song , thrust upon a good ayre , than in the confused applause of the multitude . but because the soul , by discourse , finds this clamor to be an argument of the estimation which those that so commend it have of it , it likes it self better , and rejoyceth the more init self , because it sees other men value it . for there are two wayes of proving ; the one by reason , and the other by witness ; but the more excellent proof is that of reason : for he that can by reason prove any thing to me makes his knowledge mine , because by the same reason i am able to prove it to another : but if . men should swear to me they saw such a thing , which before i did not believe ; it is true , i should alter mine opinion , not because there appeared any greater likelihood of the thing ; but because it was unlikely that so many men should lie : and if i should go about to make others of the fame opinion , i could not doe it , by telling them i knew it , or i saw it ; but all i could say , were , i did believe it ; because such and such men told me they saw it . so in the comfort a man takes of himself ( which grows out of the consideration of how much it self deserves to be beloved ) a vertuous wise fellow will take enough comfort and joy in himself ( though by misfortune he is troubled to carry about with him the worlds ill opinion ) by discoursing that he is free from those slanders that are laid upon him , and that he hath those sufficiencies and venues which others deny . and on the contrary side , he without deserving it ( having the good fortune to be esteemed and honoured ) will easily be drawn to have a good opinion of himself ; as , out of modesty , submitting his own reason to the testimony of many witnesses . ambition in it self is no fault ; but the most natural commendation of the soul , as beautie is of the bodie : it is in men , as beauty is in women . for , as to be naturally exceeding handsome , is the greatest commendation of that sex , and that for which they most desire to be commended ; so that ambition by which men desire honour the natural way ( which consists in doing honourable and good acts ) is the root of the most perfect commendation that a morall man is capable of . those onely offend in their ambition , who out of the earthliness of their minds dare not aspire to that true honor which is the estimation of a man , being as it were the temple wherein vertue is inshrin'd ; and therefore settle their minds onely upon attaining titles and power ; which at the first were , or at least should be the mark whereby to distinguish men according to the rate of their vertues and sufficiencies ; but are now onely arguments of a mans good fortune , and effects of the princes favour . it is true that power is a brave addition to a worthy man ; but a fool , or a knave that is powerful , hath ( according to the degree of his power ) just that advantage of a vertuous prudent man , that adam , before he fell , had of the angels that stood ; an ability to do more ill . as for titles ( which at first were the marks of power ; and the rewards of vertue ) they are now ( according to their name ) but like the titles of books , which ( for the most part ) the more glorious things they promise , let a man narrowly peruse them over , the less substance he shall find in them . and the wooden lord is like the logg that jupiter gave the frogs to be their king ; it makes a great noise ; it prepares an expectation of great matters , but when they once perceived it unactive , and senlesly lying still , the wiser sort of frogs began to despise it , and ( in fine ) every young frogling presumed to leap up and down upon it . some few there are , who ( least the species of our antient worthy lords should be lost ) do preserve in themselves the will and desire , since they want the means , to do brave and worthy acts. and therefore i say , let a man by doing worthy acts deserve honour , and though he do not attain it , yet he is much a happier man than he that gets it without desert . for such a man is before hand with reputation ; and the world still owes him that honour with his deserts cry for , and it hath not paid ; vvhereas that man that hath a great reputation , without deserving it , is behind-hand with the world ; and his honour is but lent , not paid ; and when the world comes to take accompt of its applause , and finds his title of merit ( by which he pretends to it ) weak and broken , it will recall it's approbation , and leave him by so much the more a notorious bankrupt in his good name , by how much the estimation of his wealth that way was the greater . of fortitude . for a man to be compleatly happy there is required the perfection of all morall virtues ; and yet this is not enough ; for , virtues do rather banish misfortunes , and but shew us joy , than establish felicity : vvhich is not onely an utter alienation from all affliction , but an absolute fulness of joy. and since the soul of man is infinitely more excellent than any thing else it can meet withal in this vvorld , nothing upon earth can satisfie it , but in the enjoying of the greatest abundance of all delights that the most nimble witted man can frame to himself ; for that his soul will still have a further desire , as unsatisfied with that it enjoyes . ( therefore the perfection of happiness consists in the love of god ; which is onely able to fill up all the corners of the soul with most perfect joy ; and consequently to fix all its desires upon those celestial joyes that shall never be taken from it . but this , as it cannot be obtained by discourse , but by unfeigned prayer , and the assistance and illumination of gods grace ; so is it not my purpose to prick at it . and for that part of felicity which is attained to by moral virtue , i find that every virtue gives a man perfection in some kind , and a degree of felicity too : viz. honesty , gives a man a good report ; justice , estimation and authority ; prudence , respect and confidence ; courtesie , and liberality , affection , and a kind of dominion over other men. temperance , healthy . fortitude , a quiet mind , not to be moved by any adversity , and a confidence not to be circumvented by any danger . so that all other virtues give a man but an outward happiness , as receiving their reward from others ; onely temperance doth pretend to make the body a stranger to pain , both in taking from it the occasion of diseases , and making the outward inconveniences of vvant , as hunger and cold , if not delightful , at least suffareble . fr. walsingham . a brief discourse concerning the power of the peeres and commons of parliament in point of judicature . written by sir robert cotton , at the request of a peer of this realm . london : printed in the year . a brief discourse concerning the power of the peers , &c. sir , to give you as short an accompt of your desire as i can , i must crave leave , to lay you , as a ground , the frame or first model of this state. when , after the period of the saxon time harold had lifted himself into the royal seat , the great men , to whom but lately he was no more than equal either in fortune or power , disdaining this act of arrogancy , called in william , then duke of normandy , a prince more active than any in these western parts , and renowned for many victories he had fortunately atchieved against the french king , then the most potent monarch of europe . this duke led along with him to this work of glory , many of the younger sons of the best families of normandy , picardy , and flanders , who as undertakers , accompanied the undertaking of this fortunate man. the usurper slain , and the crown by war gained ; to secure certain to his posterity what he had so suddenly gotten , he shared out his purchase , retaining in each county a portion to support the dignity soveraign , which was stiled domenia regni , now the antient demeans ; and assigning to others his adventurers such portions as suited to their quality and expence , retaining to himself dependency of their personal service ( except such lands as in free alms , were the portion of the church ) these were stiled barones regis , the kings immediate free-holders ; for the word baro imported then no more . as the king to these , so these to their followers sub-divided part of their shares into knights fees ; and their tenants were called barones comites , or the like ; for we find , as the kings write in their writs , baronibus suis & francois & anglois ; the soveraigns gifts , for the most part , extending to whole counties or hundreds , an earl being lord of the one , and a baron of the inferiour donations to lords of townships or mannors . as thus the land , so was all course of judicature divided ; even from the meanest to the highest portion , each several had his court of law , preserving still the manner of our ancestors the saxons , who jura per pagos reddebant ; and these are still termed court barons , or the freeholders court , twelve usually in number , who with the thame or chief lord were judges . the hundred was next ; where the hundredus or aldermanus , lord of the hundred , with the chief lords of each township within their limits judged . gods people observed this form in the publique , centuriones & decani judicabant plebem onni tempore . the county or generale placitum was the next ; this was , so to supply the defect , or remedy the corruption of the inferiour , vbi curiae dominarum probantur defecisse , pertinent ad vicecomitem provinciarum . the judges here were comitos , vicecomites , & barones comitatus qui liberas in eo terras h●bent . the last and supream , and proper to our question , was gener ale placitum apud london , vniversalis synodus , in charters of the conqueror , capitalis curia , by glanvile . magnum & commune consilium coram rege & magnatibus suis . in the rolls of hen. the third , it is not stative , but summoned by proclamation ; edicitur generale placitum apud london , saith the book of abingdon ; whither episcopi , duces , principes , satrapae , rectores , & causidici ex omni parte confluxerunt ad istan curiam , saith glanville , causes were referred propter aliquam dubitationem quae emergit in conitatu , cum comitatus nescit dijudicare . thus did ethelweld bishop of winton transfer his suit against leoftine from the county , ●d generale placitum , in the time of king ethildred : queen edgin against goda from the county appealed to king etheldred at london , congregatis principibus & sapientibus aogliae . a suit between the bishops of winton and durham , in the time of saint edward , coram episcopis & principibus regni in praesfentia regis , ventilata & finita . in the . year of the conqueror , episcopi , comites , & barones regia potestate e diversis provinciis ad universalem synodum pro causis audiendis & tractandis convocati , saith the book of westminster , and this continued all along in the succeeding kings reigns until towards the end of henry the third . as this great court or councel consisting of the king and barons , ruled the great affairs of state , and controlled all inferiour courts , so were there certain officers , whose transcendent power seemed to be set to bound in the execution of princes wills ; as the steward , constable , and marshal , fixed upon families in fee for many ages : they as tribunes of the people , or ephori amongst the athenians , grown by an unmannerly carriage , fearful to monarchy , fell at the feet and mercy of the king , when the daring earl of leicester was slain at eversham . this chance , and the dear experience henry the third himself had made at the parliament at oxford in the . year of his reign , and the memory of the many streights his father was driven unto , especially at runny-mead near stanes , brought this king wisely to begin what his successors fortunately finished , in lessening the strength and power of his great lords . and this was wrought by searching into the regality they had usurped over their peculiar soveraigns ( whereby they were ( as the book at st. albans tearmeth them ) quot domini tot tyranni ) and by weakening that hand of power which they carried in the parliaments , by commanding the service of many knights , citizens , and burgesses to that great councel . now began the frequent sending of writs to the commons , their assents not only used in money , charge , and making laws ( for before all ordinances passed by the king and peers ) but their consent in judgements of all natures , whether civil or criminal . in proof whereof i will produce some few succeeding presidents out of record . when adomar that proud prelate of winchester , the kings half brother , had grieved the state with his daring power , he was exised by joynt sentence of the king , the lords , and commons ; and this appeareth expresly by the letter sent by pope alexander the fourth expostulating a revocation of him from banishment , because he was a church-man , and so not subject to lay censures . in this , the answer is , si dominus rex & regni majores hoc vellent , meaning his revocation , communitas tamen ipsius ingressum in angliam jam nullatenus sustineret . the peers subsign this answer with their names , and petrus de montford vice totius communitatis , as speaker or proctor of the commons ; for by this stile sir j. tiptoft prolocutor affirmeth under his arms the deed of entaile of the crown by king henry . in the . year of his reign , for all the commons . the banishment of the two spencers in . e. . praelati comites & barones & les autres peeres de la terre & commons de roialme , give consent and sentence to the revocation and reversement of the former sentence ; the lords and commons accord , and so it is expressed in the roll. in the first of edward the third , when elizabeth the widdow of sir john de burgo complained in parliament , that hugh spencer the younger , robert baldock , and william cliffe his instruments , had by duress forced her to make a writing to the king , whereby she was dispoiled of all her inheritance , sentence was given for her in these words . pur ceo que avis est al evesques counts & barones & autres grandes & a tout cominalte de la terre , que le dit escript est fait contre ley , & tout manere de raison si fuist le dit escript per agard delparliam . dampue elloques al livre ala dit eliz. in the th . of edward . it appears by a letter to the pope , that to the sentence given against the earl of kent , the commons were parties as well as the lords and peers ; for , the king directed their proceedings in these words ; comitibus , magnatibus , baronibus , & aliis de communitate dicti regni as parliamentum illud congregates iu●unximus , ut super his discernerent & judicarent quod ratione & justitiae conveniret , habere prae oculis , solum deum qui cum concordi & unaenimi sementia tanquam reum criminis laesoe majestatis morti abjudicarent ejus sententia , &c. when in the th . of e. . the lords had pronounced the sentence against richard lyons . otherwise than the commons agreed ; they appealed to the king , and had redress , and the sentence entred to their desires . when in the first year of r. . william weston , and john jennings were arraigned in parliament , for surrendring certain forts of the kings , the commons were parties to the sentence against them given , as appeareth by a memorandum annexed to that record . in i h. . although the commons refer by protestation , the pronouncing the sentence of deposition against king richard the second , unto the lords , yet are they equally interessed in it , as appeareth by the record , for there are made proctors or commissioners for the whole parliament , one bishop , one earl , one abbot , one barronet , and two knights , gray and erpingham , for the commons ; and to infer , that because the lords pronounced the sentence the point of judgment should be only theirs , were as absurd , as to conclude that no authority was left in any other commissioner of oyer and terminer than in the person of that man solely that speaketh the sentence . in the second of hen. the th the petitions of the commons importeth no less than a right they had to act and assent to all things in parliament ; and so it is answered by the king. and had not the journal roll of the higher house been left ▪ to the sole entry of the clerk of the upper house , who , either out of neglect to observe due form , or out of purpose to obscure the commons right , and to flatter the power of those he immediately served , there would have bin frequent examples of all times to clear this doubt , and to preserve a just interest to the commonwealth . and how conveniently it suits with monarchy to maintain this form , lest others of that well-framed body , knit tinder one head , should swell too great and monstrous , it may be easily thought . for , monarchy again may sooner groan under the weight of an aristocracy , as it once did , then under a democracy , which it never yet either felt or feared . r : c : b. finis . notes, typically marginal, from the original text notes for div a -e titus livius . doc . livius . acta triden . concil . august . de legibus antiq. roman . benedict . in vita hen. . record . in scaccar . w●st . claus . edw. ● . lewes in the paper chart. : notes for div a -e william the conqueror . malmsbury . ex lib. feod . in scacc. hen. . ex lib. pub . in scacc. chron. de dunstable . mat. paris benedictus monachus in vita hen. . gervas . dorch . roger wend●ver . king john. claus . iob. in . dorso . petit. . hen. . claus . . hen. . in . dors . edw. . ex rot. parl. in archivis london . claus . . edw. . in . rot. parl. anno edw. . claus . edw. . in . dors . claus . . ed. . in dors . edw. . claus , edw. . in . in dors . claus ed. . in . in dors . claus . . in . in dors . claus . e. . in . in dors . claus . e. . in . in dors . ddw . . claus . ed. . in dors . rot. parl. edw. . parl. ed. . rot. parl. ed. . saff . . in . rot. parl. ed. . rot. parl. e. . sess . . parl. e. . in . rot. parl. e. . rot. parl. e. . sess . . parl. . e. . rot. parl. e. . ro. parl. e. . parl. e. . parl. e. . parl. e. . parl. e. . pa●l . e. . parl. e. . king john. parl. e. . parl. e. . parl. e. . par. ed. . rich. . par. rich. . in & . parl. rich. in . parl. rich. . in . & . par. rich. . n & . parl. rich. . in . parl. . sess . . parl. . rich. . parl. sess . . par. rich. . parl. sess . . par. rich. . claus . rie . . par. rich. . parl. ric. . rot. claus . . ric. . far. ric. . parl. ri. . henry . parl. . hen. . parl. . hen. . parl. . & . hen. . in & . claus . h. . ln . in . in . hen. . parl. hen. . in . in . parl. hen. . parl. hen. . parl. & . hen. . parl. hen. . parl. hen. . hen. . rot. parl. hen. . rot. pa h. . rot. pa. h. . rot. parl. hon. . rot. parl. hen. . parl. h. . parl. h. . rot. parl. hen. . in . n. . parl. h. . parl. h. . parl. h. . edward . parl. . e. . parl. e. . henry . rot. parl. hen. . henry . parl. h . rot. parl . hen. . ex iustrumen . orig. tractat. matrimonial . . ex literis orig . legator . ex tract . hen. . & maximilian . . ex tract . orig . ex tract . orig . ex liiteris ric. pace legat. reg. anglia . ex literis car. sedunensis . ex literis carol . reg. hisp . ex literis , car. imperat. original . extract . wind. . ex instru . orig . jurament . ex literis richardi ●ace , & lohannis russel . ex tract madristensi . ex rot. com. russel & pace . ex iustru . orig . carol. . ex instru h. . bryano & gardinen . ex literis cuthb tunstall epis lon-legat . hen. . in hispan . ex protestat . orig . toledonensi ●arl . ex literis car. wolsey & creg . lusathis . ex instru . signat . ch. im. gonzado ferdinand . capel . suo dat . feb. ●x lib. n n. n.dom. car. ex literis interce●t . à com. northumb. custo● . march. scotiae . extract . orig . in arch. wost . ●x tract . cambrens . . notes for div a -e ex consiliis reg. saxon. cantuar. gla●vil . lib. ely. leges etherlredi . ingulphus . croylandensis . registra monaster . palatium regale . westm. regist. eliensis . annales monasteriorum . liber de rollo . regist. de wig. iohannes eversden . mathew paris . hoveden . bracton . glanvill . fleta . modus tenendi parliament . ex registris council . cantuariae . ex consilio withredi regist. ex synodis & legibus alfredi ethelredi , edgari . ex registr . elien . ex registr . abigtounessi . chronicon de waverley . gesta sancti edwardi galice . alured . rivalensis , vita edwardi confessoris . regist. cantuarien . regist. sancti edmundi . walterus mape de nugis curialium . hen. huntingdon . malmsbury . vita tho cantuar per fitz-stephanum . gesta hen. . benedictio abb. authore . regist. monast . de belto . regist , lincoln . liber burtoni ens . monasterii rot. clans . anno . e. ● . rot. parl. . edw. . rot. parl. . edw. . rot. parl. anno . edw. . rot. parl. anno . edw. . rot. pa●l . anno . edw. . chronicon henrici knighton . rot. parl. anno . hen. . rot. parl. anno . hen. . rot. parl. . hen. . anno . hen. . rot. parl. rot. parl. anno . hen. . rot. parl. anno . hen. . rot. parl. anno . h. . rot. parl. anno . hen. . rot. parl. anno edw. . registrum cralanden . ex chartis anno . h. . ex regist . camera stellata . ex annalibus fleetwood recordat . london . memorial . e. . propria man● . notes for div a -e combat . ex lib. . const . car. magni de testibus . bract. l. . c. . fol. . tit . corona . leges lombard . fol. . b. lu●●prand● rege . pr●pter consuetudin●m gent. legem impiam vitare non possumus . de papin . hist. l. . c. . lib. . decret . . part . ca. . qu. . rich. . parl. anno . e. . pat . e. . in . part . pat. part . anno . r. . m . pat. anno . h. . m. . lactan. divin . instit. cap. . st. cyp. l. . ep. . euseb . in vita constant . l. . zocomen . l. . c. . l. . cod. & glad . ex cod. theo●os . l. . c. . f●colinus de brackland cap. . h . . part. pat . . r. . memb. . rot. vascon . anno . h. . ●lacita coram rege e. . bract. l. c. anno. e. . & anno. h. . ex consuetud . duc. norman . cap. . tit. de equela multri fol. . breve reg. orig . apud r. g. c. reports anno h. . dyer anno eliz. rog. ●ovodeden & adam merimuth in vita e. . rot. fran. anno r. . m. . compane de la faughe regali & spagna . f● . joan. de molina chron. de loy● reg. de aragon . fol. . balla martini . dat in kal. maij anno ●ontific . . ●lacita anno . & e. . rot. claus . anno r. . dat . feb. claus in dorso r. . com. st. alban . r. . . pars pat . anno r. . rot vascon . anno h. . m. . placita coram rege . e. . rot. parl. anno e. . pat. in dors . h . conc. trid. sess . t it decreta reform . ex con. biturien . fol . claus , anno . e. . m. . parl anno h. . placita de quo warrant● anno r. ● . sussex . placita coram rege trin. e. . ex lege longi bard . . circa annum ●● notes for div a -e rodericus sanctius . pag . beda . baronius . dorothaeus . beda . baronius & donaco constantini . in inscriptionibus antiquis . easci●ulus temporis . tarapha . tarapha . eulogium lib. ex legibus sancti edwardi . ex legibus cenuti . bracton . baldus . malmsbury . ex eug●bino . ex ranolpho n●gro . malmsbury . ex libro b●rn wellensis caenobiae . platina . corsettus . ex lib. sacrarum ceremoniar . virgilius . cosmographia . garsius . vide t●rapha . tilius . anno christi . . ann● christi . . . . . . notes for div a -e . . . . septemb. ● ▪ li. mill. of crowns . king james , ●● ▪ notes for div a -e mercy fore-running the rapine of a milefactor , is an ill guardian of a princes person . a hard hand , suddenly remitted , is seldom by the rude people interpreted 〈◊〉 the best sense . there is no hope of reformation where there is no confession of the fault . while justice sleeps , the time serves to sow news , and raise factions . fearful spirits , by sufferance , grow insolent and cruel . vnion in a prepared conspiracy prevails more than number . it is hard to perswade those who by reason of their dependency on the pope , are ●carce masters of their own souls . malis benefacere , tantu●dem est ac bonis inal● facere . fellowship i● misery easeth grief , and by the clamor of a multitude , justice is many times condemned . it is not good to set price on that which being sold will bring repentance to the seller . wariness is to be used with those , quines totam servitutem pati possunt , nec totam libertatem . most men write good turns in sand , and the bad in marble . fugitives that crave succour use to lie much in favour of their cause and power . relation de botero . it is a sig● when a faction dares number their side , that there is an opinion conceived of sufficient strength , to attempt some innovation . in a common-wealth there ought to be one head , for which cause a prince must be vigilant , when divers factions arise that by favouring one , and neglecting the other , instead of a head of all he become only a member of one party . discontented minds in beginning of tumults will agree , though their ends ●r divers . a multitude is never united in grose , but in some few heads which being taken away , converteth their fury against the first movers of the sedition . certain germans in henry the seconds time calling themselves publicans were marked with a hot iron in the foreheads and whipped , being thrust out in the winter , with a prohibition that none should receive them into their houses , they dyed of hunger and cold . rooted suspition , being violently handled , groweth more wary , but not less obstinate . if conspirators have one sympathy of mind , the conspiracy is never wholly suppressed , so long as one of them remaineth . opinion setled in a multitude , is like hydraes heads , which must be cured with scarring and not by le●ting bloud . clemency is a divine instinct , and worketh supernal effects . gorticii axiomata politica . tacitus in vita agricol . when traitors in evils will not choose the least , it is an argument that they are desperate , and breath nothing but extremity of mischief . it was a precept of machivells , to put on the mask of religion . so it pleased parsons to cavil , of whom it might be truly spoken , malus malum pejorem esse vult , & sui similem . to bestow benefits on the b●d , maketh them worse and vilifieth the reward of the vertuous . valour is often overcome by weakness , but being too much prized it turneth to unbridled furies . the best laws are made out of those good customes , whereunto the people is naturally inclined . vse to see men dye with resolution , taketh away the fear of death , for which purpose the romans used the fights of their gladiators . the hereticks called publicans when they were whipped they took their punishment gladly , their captain gerrard going before them and singing , blessed are you when men do hate you . andromache● . si vis vitam minitare . seneca ●rag . worldly des●res , may be quenched with godly meditations , our beavenly hopes cannot be abated by earthly punishments . it is a point of wisdome to maintain the truth with as little disputation as may be , least a good cause be marred with ill handling . truth seldome prevaileth with the partiality of the people , which being ignorant is carried away with the outward semblance of things . it is hard to make a rule so general , against which difference of circumstance may not except . he that is culumniated by many , is in danger , first to be suspected by his friends , and shortly to be condemned if the slandes continue . that counsel takes best effect that is fitted to the nature of times and persons . those changes of states are safely made , which reserving most of the ancient form , betters it and reduces the defects into order . the church is most zealous , when persecution is fresh in memory ; when those times are forgotten , we gr●w to loath that which we enjoy freely . in this case the ●uestion is not so much of the truth of it , as who shall be judge , and what censure will be given . in the first years of q. eliz. it was rasier to subdue popery , than now , for then they feared to irritate the state , not knowing how farre severity might extend , now knowing the worst , they are resolved agere & ●ati ●ortia . vulgu● est morosum animal , quod facilius duci , quam cogi potest . many p●rtizans encourage the faint●hearted , and when an one my cannot prevail against number , his thoughts are not how to offend , but how to make a safe retreat . more priests may be shut up in a year than they can make in many . de●s●re of in●●ovation is ●●sh and con●entions ▪ and therefore can hardly agree of a head . t●●ce is alwayes to be wished provided that under the canker thereof , there be not a mischief entertained worse than war if self . an oath is of force , so long as it is thought lawfull , when that opinion is crazed , it doth more hurt then good . one man in another beholdeth the image of himself , and there by groweth compassionate and sen●●ible of that which may fall to himself . what men do unwillingly is never done effectually . when many tumultuous persons assault , there will be a fray . vertue neither praised nor rewarded waxeth cold . an ill name given to a good thing discourageth men from medling with it . wise men do forecast how to do most with least noise . particular officers must be appointed , what is to all is commonly performed by none . the service done for the kings proper use , hath his warrant and countenance , but when a private man hath the gain , neither reward●●r bearing out can be expected ; and by consequence recusants are free . medicines that work in the spirits of men , are of greater force , and cure more surely then outward plaisters . speech is the interpreter of the minde , therefore who so useth in divine matters to speak reservedly , and in a double sense , he will be s●spected to have a double heart , and unfit to teach them that trust him not . a good pust●● is the physician of the soul , and ought to apply his doctrine according to the tenderness or hardness of the conscience ▪ for want of which discretion some mens zeal hath done hurt . false miracles and lying news are the food of superstition , which by credulity delude ignorant people god which is the great law-maker , by his laws prevents sins , to the end punishments may be inflicted on it justly ; as to avoid idolatry , he forbiddeth making of images ; he that cannot live chast , let him marry , &c. a man is said to know so much as he remembreth , and no more ; and we remember best , what we learn in our youth , therefore if we will be wise when we are old , we must be taught when we are young . out of oeconomicall government , the diversity of states grow , & such as a ●rinces house , is the state of the commons for the most part : by which reason a prince may be the survey of his house , have an aim how the common-wealth is affected . by the lawes there were tything men , who gave accompt for ten houholds : some such officers might be good in this case : for i hold the breaking of the breaking of the sabbath to be the ruine of our religion . it were fit also that they learnt how to distinguish the common grounds of propery , whereby the priests deceive poor people . he that knows not the true cause of an evil , cannot help it but by change , which is a dangerous guide of a state. where good men are afraid to call a vice by the proper name , it is a sign that the vice is common , and that great persons ( whom it is not safe to anger ) are infected therewith . ●e schism . anglicano & vis . m●n . eccles . some think that if these mens zeal h●d by order been put to imploy it self otherwayes , and a task set them to doe some good and memorable thing in the church , they might have been reformed , or made harmlesse by diversion . head-strong papists are not easily subdued , yet must they not be suffered to grow to a faction , discretio pro lege discernere quid sic res ▪ must lay the burthen in the right place . w●thout reformation in this point . popery will still encrease , but as all vertuous enterprizes are difficult , so is this most intricate . a wise householder will cast up his reckonings to see what losse or profit he hath made in a year cuevara epist . aure● . the law which took immediate notice of an offence ▪ gave a quick redresse , and corrected the poor as well as the rich . sharp laws that stand upon a long processe , after a manner seem to dispe●ce with the vice . the allegiance to god ought to precede the temporall obedience , for if the first may be obtained , the second will follow of it self . this course will discover more than the oath of allegiance , and prevent many from falling off by reason of the quick discovery . so long as houses and lodgings in london are let to papists ; the priests will be received , and from thence shall the country be infected . if we can prevent the increase of papists , those that now live must either be reformed , or in time yield to nature , and then shall a new age succeed of christians , by education made religious . the br●achers of a bad cause being touched in conscience , at the first move slowly , but if they prevaile they grow tyrannous beyond measure . most men will affect to be such as the highest trusts , and favours . a great man is an idol in the eyes of mean people , and draws many t● imitate his actions . few laws well executed are better than many . a crown of glory once attained , hath power to dispence with former faults ▪ he counsells best , that prefers the cause of god , and the commonwealth before any particular . notes for div a -e hen. . ex rot . orig . interacta concil . hen. . hen. . ex rot . in actis council . anno . hen. . in fin. ex rot . orig . an . hen. . ex ordinat . anno . hen. . hen. . ex rot . par. anno . hen. . n. . queen eliza. ex comp . din burghley thesaur . edw. . ex angl. m. s. folio . ex libro . do. aula regis . edw. . rot. pa●l . anno . edw. rich. . rot. parl. . ric. . rot. par●an . rich. . rot. . parl. an . . & . rich. . hen. . rot. parl. an . & . hen. . ex ordinat . in rot. act. c●nc●l . an . . h●n ● : marked ●r hen. rot. par an . . . hen. . edw. ex. rot . parl an . ● . edw. . ex lib. ordin . hospitii temp . edw. . rot. par. an . edw. .. . hen. . n. . mich. recep . . hen. . n. . edw. . ex aula regis fact . temp . ed. . hen. . act. concil . . hen. . marked p. p. hen. . ed. . ex lib. ord . tem . ed. ordinat . car woolsey hen. . hen. . ex gervas . doro. bern . rich. . ex richardo canonico in vita rich. . hen. . ex lib. sect. albani & wil. rishang . & lit . baron . papae . edw. . ex ordina . ed. . in li. legum manuscript fol. . rich. . ex rot parl. an . . rich. . he. . ex rot . par. an . . & ● . hen. . rich. . rot. par. an . ri . an . & . hen. . n . hen. . rot. par. an . . h. rot. par. ann . . h. . n. . hen. . pars. parl. . an . . hen. . m. . ex rot . parl. an . . hen. . rich. . ex rot . par. an . . hen. ex lib. rub . in secto ex jo. eversden . ex hist . roffens . ex rot . parl. temp . ed. . ex rot . par. annis . , , . rich. . rot. parl. , . hen. . ex rot. parl. an . . hen. . & . hen. . ex benedict-monacho in vita hen. . ex adam . merioneth ex rot. par. anno . rich. . ex rad. cogshal . ex hist . roffen . rot. par. an . . & . hen. . ed. . . ed. rot. par. anno . ed. . n. . ex rot . par. an . , , . . rich. . ex rot . par. an . . & hen. . rot . par. . edw. . ex original . ; an . rich. . rot. ordinat . an . . & claus . an & . edw. . rot. par. an . . rich . rot. parl. an . , , & . hen. . ex rot. par. an . . & . hen. . rot par. anno , , . hen. . ex act . cons . an . . hen. . rot. par. an . hen. . rot. parl. an ed. . act . concil . . hen. . claus . an . . hen. . clau. . ed. . rot. fran . an . . edw. . comune insc . edw. . parl. anno . rich. . parl. anno . hen. . par. an . . . . hen. . act. concil . an . . hen. . ex billa sign . an . hen. . & . edw. . rot. original . an . . hen. . marked b ▪ b. rot. act . conc . . hen. . rot. act . concil . . hen. . ex ordinat . concil . an . . hen. . marked n. n. ex instruc . comiss . . hen . ro● parl . rich. ● . ex charta episcop . cant. ro. claus . . edw , . claus . edw. ex insruct . original . hen. . ex act . pa●l . an . . mariae . ex instructione original . . hen. . lib. domesday . rot. parl. an . . hen. . rot. fin . an . . edw. . rot. ●arl . an . . edw. . rot. claus . an . . edw. . rot. claus . an . hen . memb . . rot. fin . & edw. . rot. valcon . . edw. . rot. alinaig . . edw. . act concil . an . . hen. . warrant . sub privat . sigill . an . eliz. reginae . rot. parl an . . hen. . n. . rot. claus . an . . hen. . rot. parl. . rich. . ex billa signat . an . . rich. . ex petit . an . . hen. . ex act . concil . ex billa original . an . . edw . ex lib. comp . inter hen. . & dudley . ex lib. hen. . rot. almaign . . edw. rot. claus . . ed. . ex tract . bruxelles . magna charta . dor● . clau . an . . hen. . n ▪ . statut. an . ed. . rot. parl. . edw. . cap. . & . rot claus . an . . edw. . rot. fin . . ed. . statute . ed. . cap. . rot par. . ed. . tat . . ed. . cap. . ro. almaign . . edw. . memb . . indors . stat. ● . ed. . rot. parl. . edw. . stat. . edw. . licencegranted by henry . henry . henry . to many merchants with non obstante any statute . ordinat . concil an . . hen. . merchants . clau. anno . . edw. . original . . edw. rot . . ex rod. cogshal . rot. ragman . an . ed. . rot. quo warranto . ed. . rot. warranto edw. . instructio original . . rich. . process con . dudley an . . hen. . lib. aquitanc . inter hen. . & dudley . emilius in vita lewis . v●s . cap. . ex instructione caroli . to ph. l. . ex scacar inter rememb . regis . ed. . ex composit . original . inter ca●d . woolsey , & archiep cant dated . hen. . notes for div a -e . reasons out of president . . imperial constitutons . . saxonlaws . acts in parliament justinian . tripartita historia . distinct . . . nicep . lib. . concil . ca●●h . affric . zozimus . ambros . l . ep. . russ●us ec. clef . hist . l. ● . athan. epist ad solit . vitam agent . dionysius h●lic●rn . saxon laws . leges inae . textus roffensis . leges regum saxorum . eulogium . all the clergy members of parliament proved by record . rot. parl. . edw. . rot. parl. an . . rich. . rot. parl. an . . rich. . rot. parl. an . . ri. . . ● rot. parl. an . . rich. . n. . & . rot. parl. an . rich. . n. . . ric. . n. . . hen. . rot. parl an . . he. . n. . william m●lmesbury . lib. ecclesiae cantuar. vita hen. . beda . provincial consitutions . rot. parl. claus . . rich. . charae ●ntiquae b. b. ambrosi●s . concil . . toletan . ●d consentiendum . writ of summons rot. claus . an . . rich. . ● . . archivis . archiepis . rot. patl. . edw. . usurie . vex●tion by ord●naries . rot. parl. . edw. . citations . rot. parl. an . . rich. pecuniarie pains . . rich. . ecclesiastical courts . tythes . . rich. . n. . learned ministery . rot. par. an . . hen. . ● . . . hen. . . hen. . rot. par. an . . hen. . rot. par. an . . hen. . rot. parl. an . . hen. . chartae a●iquae b. b. leges saxon. concil . chale . levit. . notes for div a -e object . . object . . resp . object . . 〈…〉 no. vic. leicester . de ponend . per ballium . deponend . p●● ballium . deponend . par. ballium . adam deponend . in ball . pro georgio de rupe . pro iacobo de audele de non veniendo ad parliamenta . pro roberto de insula milite de nonv● endo ad parliament . pro rich. duce ebor. de tenend . parliamentum nomine regi● . de non veniend . ad parlia . lovel . summonit . parliamenti . pro henrico . dom. vessey de exemptione . notes for div a -e honour justice & profit honour edw. . hen. . hen. . queen eliz. edw. iustice● . bodin . theoderet the gothe . mirror des iustices . edw. . & . hen. . & . profit . . edw. . . . edw. . . mariae . . eliz. notes for div a -e lib. ep. glanvile . e●b sancti etheldredi epise . eliber sancti albans fol. ● anno , ● . . ch●rtaorig . sub●i , ill ann. . h. . apud rob. cotton rot. parl. am . o e. . rot parl. anno . e. . rot. parlanno . e. . n. . parl. anno 〈◊〉 ed : . parl. . r. . n. , . parl. . h. . ho● . parl. an. ● . h. . a declaration of oliver cromwell, captain general of all the forces of this common-wealth. cromwell, oliver, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing c a thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) a declaration of oliver cromwell, captain general of all the forces of this common-wealth. cromwell, oliver, - . sheet ([ ] p.) printed by william du-gard, london : . dated at end: april the last. . annotation on thomason copy: "may. ."; [encased in right-hand curly bracket] "lord generall cromwell major generall harrison major generall lambert collonel staple collonell sidnam collonell desborough"; "collonel bennitt sr gilbert pickering mr carew mr strickland". reproduction of the original in the british library. eng great britain -- history -- commonwealth and protectorate, - -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no a declaration of oliver cromwell, captain general of all the forces of this common-wealth. whereas, the parlament beeing dissolved, ... cromwell, oliver a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion a declaration of oliver cromwell , captain general of all the forces of this common-wealth . whereas , the parlament beeing dissolved , persons of approved fidelitie and honestie , are , according to the late declaration of the th of april last , to bee called from the several parts of this common-weath to the supreme authoritie ; and although effectual proceedings are , and have been had , for perfecting those resolutions ; yet , som convenient time beeing required for the assembling of those persons ; it hath been found necessarie , for preventing the mischiefs and inconveniencies which may arise in the mean while to the publick affairs , that a council of state bee constituted , to take care of , and intend the peace , safetie , and present management of the affairs of this common-wealth : which beeing setled accordingly , the same is hereby declared and published , to the end all persons may take notice thereof ; and , in their several places and stations , demean themselvs peaceably , giving obedience to the laws of the nation , as heretofore . in the exercise and administration whereof , as endeavors shall bee used that no oppression or wrong bee don to the people ; so a strict account will bee required of all such as shall do any thing to indanger the publick peace , and quiet , upon any pretence whatsoever . april the last . . o. cromwell . london , printed by william du-gard . . an account of robert crosfeild's proceedings in the house of lords, the last session, and this session of parliament wherein will appear the present miserable state and condition of the nation, by the open violating and invading of the law and liberty of the subject : humbly presented to the consideration of the lords and commons in parliament assembled. crosfeild, robert. approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing c estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : or : ) an account of robert crosfeild's proceedings in the house of lords, the last session, and this session of parliament wherein will appear the present miserable state and condition of the nation, by the open violating and invading of the law and liberty of the subject : humbly presented to the consideration of the lords and commons in parliament assembled. crosfeild, robert. p. s.n., [london : between - ] charging corruption in the government and the military. caption title. dated and signed at end: february th / , robert crosfeild. place and date of publication from wing. this item appears at reel : as wing a (number cancelled in wing nd ed.) and at reel : as wing ( nd ed.) c . reproduction of originals in huntington library and yale university library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng political corruption -- england. great britain -- politics and government -- - . - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion an account of robert crosfeilds proceedings in the house of lords , the last session , and this session of parliament : wherein will apear the ▪ present miserable state and condition of the nation , by the open violating and invading of the law and liberty of the subject : humbly presented to the consideration of the lords and commons in parliament assembled . it is by all men an allow'd principle , that 't is the bounden duty of every subject by the laws of god , nature , and the nation , to contribute all that in him lies towards the glory of god , and the service and preservation of his native country , and the greater his quality or station is , whether spiritual or temporal , so much the more is this duty incumbent on him . if this wholsome principle had been truely and sincerely practis'd this reign , then might we have expected that god would have bless'd our endeavours , and not have suffer'd us to have endur'd so long and tedious a war , and so great expence of blood and treasure ; and at last to be reduc'd to such a pitch of misery , as this nation never groan'd under ; and ( which is more deplorable ) not caus'd by our enemies abroad , but our pretended friends and patriots at home ; and which is worst of all , the nation 's groaping , as it were , in the dark , not seeing the true rise and cause of our present misery and approaching ruin. all which will appear by the violent oppression , injustice , and judicial blindness of the present age. for brevity's sake i shall pass over a great act of injustice done to the publick by the commissioners of accounts , in the beginning of the session of parliament , holden in the year / ● . and begin the relation of my proceedings at the exhibiting my petition to the house of peers , the same session of parliament , as followeth , viz. march . ● . i presented to the house of peers the following petition . to the lords spiritual and temporal in parliament assembled ▪ the humble petition of robert crosfeild . sheweth , that your petitioner having lately dedicated and presented to your lordships a book entituled , great brittain's tears ; setting forth the great abuses committed in the government by persons in places of trust , and also the embezlement of the publick treasure , t● the great hazard of the common safety of the nation : and your petitioner having in the paper annex'd , drawn up some part of the said miscarriages and grievances that the nation now labours under , relating to the royal navy , and being ready by good substantial evi●●●●e to prove the same before this most honourable house : your petitioner therefore most humbly prays that your lordships will please to hear and examine the said grievances , that the offenders may have such punishment , and the great numbe● 〈…〉 oppressed , such relief , as to your lordships wisdom shall seem meet . and your petitioner shall ever pray , &c. that the present commissioners for sick and wounded seamen , and exchanging prisoners at war , depending on the admiralty ) not regarding instructions , or the good of the government , have committed gross enormities ; as holding or conniving at an unlawful correspondence with the french , and wronging both king and subject in their accompts , with other great miscarriages : all which has been about a year since laid in writing before the secretary of state by one mr. baston , and by the king's command examin'd before the lords of the admiralty , &c. and it will appear , that the said commission has been very injurious to the poor sailors in particular , and very detrimental to the government in general . . that the lords of the admiralty , and commissioners of the navy , have acted contrary to the publick good , by countenancing , supporting , and preferring criminals ; and on the contrary , persecuting the discoverers , and turning just men out of their offices . . that their lordships have had great discoveries laid before them of embezlements , and other great frauds committed in the king 's yards , attended with forgery and perjury . . that it is manifest some of the commissioners of the navy have in that office advanc'd themselves from salaries of l. per annum , to vast estates , having passed great frauds , and totally discouraged the discovery of embezled stores , to the great waste of the publick treasure . . that it has been a long practice in the navy to make out false tickets and powers , suspending and del●●ing the poor sailers in their just payments , to the general discourage●●nt of th●● , and starving their families . but e're i could get the aforesaid petition read in the house of peers , i met with s●veral difficulties , many lords , both spiritual and temporal , declining to carry in the same ; and being almost out of hopes , at length i met with a noble lord , that with much freedom carried it into the house , and caus'd it to be read on the th of march last ; whereupon their lordships were pleas'd to order the commissioners of ●ccount to lay before the house an account of the proceedings against the commissioners for sick and wounded ; and in the mean time their lordships did hear and examine part of the matter at the bar of the house , which put me in great hopes that ●ll the evil practices would have been laid open that parliament . but the commissioners of accounts fearing that the notorious matters of perjury , &c. king in their office , would have come to light . they to prevent the same , pretended 〈◊〉 〈◊〉 house , in answer to their lordships order , that the matter was still depending before them , and not finish'd , &c. and so prevail'd with their lordships to recommit the matter to them , which was accordingly done the th of march last , and the next day , the d . and d. of the above-mention'd articles were also referr'd to their examination , with order to transmit the same , when perfected , to the house ; which ( by reason of much important business ) they have not had leisure to do to this day ! but how evilly they have examin'd the aforesaid matter , sufficiently appears by what has been publish'd in * print , and will also be further demonstrated by what ensues ; and so all these enormous crimes were hid , cover'd and hush'd up the last session of parliament , by these gentlemens great ingenuity . but in order to the detecting these falatious practices , i did , against the meeting of this present session of parliament , print and publish a book entitnled , justice perverted , &c. which i dedicated to both houses of parliament , setting sorth some of the horrible corruptions in the government . also mr. baston printed and publish'd his case , dedicated to the house of peers , containing , not only the evil practices of the present commissioners for sick and wounded , but also the more evil examination thereof , by the commissioners of accounts . and that all these soul matters might come to a fair examination , i drew up a petition to the house of peers , but before i insert it , i shall relate the great ( and i believe unparallell'd ) difficulties i met with , in bringing the said petition into the house . having drawn up my said petition , i repair'd to that noble lord , who carried it into the house the last parliament , and pray'd his lordship to cause it to be read , but found his lordship very cool in the matter , tho' not refusing to do it ; in this manner i waited upon , and attended his lordship near a month , but finding nothing move , and much time lost , i drew another copy of my petition , and presented it to divers other noble lords , both spiritual and temporal , but none thought fit to adventure to carry in the said petition , tho the matter was actually depending in the house from the last parliament ; upon which i was necessitated to take other measures , and thereupon i wrote a letter to my lord-keeper , and sent it into the house to his lordship , by the gentleman-usher of the black-rod : a copy of which letter is as followeth . my lord , jan. . / . altho' it is the unquestionable right of every free born subject of england , to have the liberty of petitioning , and tho' it has in all ages been also accounted the indispensible duty of every peer , not to refuse a petition that shall be offer'd him ; yet have not i been able , in a months attendance and solicitation of several noble lords , to get a petition carried into the house of peers . my said petition is against notorious crimes , that have been committed in the admiralty , navy , and sick and wounded offices , whereby the king and kingdom have been grosly abus'd , and the publick treasure wasted , to a very high degree , which has already greatly endanger'd the common safety , and certainly will ( if not timely redress'd ) bring the nation into confusion ; all which i am fully able to prove . therefore , as an englishman , i think myself oblig'd to lay open the same by the duty i owe to god , my king and my country . and so i most humbly pray your lordship to cause this letter to be read to the house , and move that i may be call'd to the bar to present my petition , being sorry i am forc'd to trouble your lordship with this new way of petitioning the house of peers : i am attending at the door of the house , and remain , with all profound respect . my lord , your lordship 's most obedient servant , robert crosfeild . at the receiving of which letter , my lord-keeper ( as i was inform'd ) acted with a great deal of honour ; for immediately he reported the true nature and substance of it to the house , telling their lordships withal , that 't was the severest charge that ever he read ; at the making of which report , the same lord ( who i had long apply'd to before ) came out of the house in great haste , and sent one of the door-keepers to me in the painted chamber , desiring me to send him my petition , he having lost that which i had given him before , which i accordingly did , and then his lordship returning into the house , spake ( as i was inform'd ) to this effect : that he acknowledg'd he had been very much teez'd about bringing in this petition ; but that when he brought it in the last parliament , it not meeting with that incouragement , he hop'd and expected it would have had , was the reason why he was so backward in doing it this session , at which several of the lords stood up and said , that if it had been offer'd to them , they would have brought it in ; and the whole house said , they were very willing to hear it , but that the business for the day was order'd for the east-india company ; so my petition not being read that day , i concluded his lordship would have caus'd it to be read the next morning ; but finding nothing mov'd , and fearing things were all asleep , i wrote out another copy , and the next morning , viz. th . of jannuary , i offer'd it to a noble lord , who told me he heard i had been refus'd almost by every body , and that he would carry it in for me , which his lordship accordingly did , and immediately it was read , a copy of which is as followeth . to the lords spiritual and temporal in parliament assembled ▪ the humble petition of robert crosfeild , sheweth , that your petitioner , the last session of parliament , presented his humble petition to your lordships setting forth several great corruptions in the government , a coppy 〈…〉 is her ▪ unto annex'd , and the said corruptions and miscarriages having not been re●ess'd ; nor the actors therein punish'd , nor the great numbers of oppress'd had any relief ; ( but their miserie 's increas'd ) nor the said petition throughly examin'd . and your petitioner being ready to prove the allegations , and articles therein by good and substantial evidence . your petitioner therefore most humbly prays your lordships to order a speedy hearing of the said corruptions and grievances , before this most honourable house in such manner , as to your lordships wisdom shall seem meet . and your petitioner shall ever pray , &c. robert crosfeild . upon reading which petition the house was pleas'd to make the following order . die mercurii , jan. . . upon reading the petition of robert crosfeild , praying to be heard as to the corruptions and grievances , laid before this house the last session of parliament in his petition . it is order'd by the lords spiritual and temporal in parliament assembled , that the commissioners appointed by a late act of parliament to examine , take and state the publick accounts of the kingdom , do lay before this house with all convenient speed ; an account in writing what th●y have done upon the orders of this house , sent to them the last session of parliament , in reference to the matters mention'd in mr. crosfeilds petition . math. johnson cler. parliamentor . as soon as this order was made , i was told by a member of the house that when the commissioners of accounts return'd their answer , and that the whole matter lay fairly before the house , that then their lordships would appoint a committee to examine it ; accordingly i waited several days , and finding no report from the commissioners of accounts , and having good grounds to believe they would never return any , by reason it would discover their own partial and illegal practices , i therefore acquainted a noble lord therewith , and pray'd his lordship to move the house to appoint a committee to examine these corruptions , before whom i would prove divers notorious matters , that were never before the commissioners of accounts , and deliver'd his lordship a petition to that purpose , which will be hereafter incerted . but his lordship did not think fit to move the house thereupon , telling me , i had better wait some time longer , which i accordingly did . — but finding that diverse crafty and scandalous reports were spread abroad , namely , that my design in bringing these complaints was not so much for the publick good , as it was to cause heats and feuds in parliament to hinder the kings affairs , for that if these matters were laid before the king , his majesty would effectually redress the same ; but to acquit my self of such a callumny i drew up a petition to his majesty , which i presented at kensington , on sunday the th of feb. inst . a copy of which petition is as followeth . to the kings most excellent majesty . the humble petition of robert crosfeild . sheweth , that your petitioner hath a few days since presented his humble petition to the house of peers ( where it is now depending ) setting forth the great corruptions and evil practices of the admiralty , navy , and sick , and wounded offices , a * copy of which is hereunto annex'd . that the said corruptions having been practic'd and strongly supported , the greatest part of your majesties reign , your petitioner humbly conceives , that 't is from thence has proceeded all the ruines and distresses that have fallen upon the publick , which if not redress'd are likely to increase to such a degree , as to prove of fatal consequence . that as these proceedings , do greatly tend to allienate the hearts of your majesties good subjects , who have ventur'd their lives and fortunes for your majesties service , so on the contrary , the redress of these grievances and bringing the offenders to justice , will greatly draw the affection of your faithful people , to your majesties government : and your petitioner , in all humility conceives that the general love of those millions of your majesties good subjects that have and do so freely contribute their estates for your majesties service , is much more to be valu'd than the love of those few that serve your majesty chiefly for the lucre of great estates , some of whom 't is to be fear'd , will be too ready when oppertunity serves , to draw their swords in behalf of your majesties enemies , the truth of which appears by their wilful fatal management , in almost every branch of your majesties service this war. that your petitioner being desirous ( if possible ) to prevent these matters being examin'd in open parliament , least feuds and heats should a rise , which may be of ill consequence to your majestys affairs , and being humbly of opinion that your majesty may redress these grievances by a committee of such noble persons , who well understand the nature of the crimes , and are of known integrity , and zealous for your majestys true interest and happy government , the names of whom your petitioner has humbly presum'd to insert . your petitioner therefore most humbly prays your sacred majesty , to appoint the said committee so * nam'd ( with such other persons as your majesty in wisdom shall think fit to add thereto ) to hear and examin the articles and allegations in the annex'd petition , and with all convenient speed to make a report to your majesty , without the accustom'd formality and delays , that the offenders may be punnish'd , the grievances redress'd , and the minds of your majesties good subjects quietted , and their hearts reunited to your majesty in all love and duty . and your petitioner shall ever pray . robert crosfeild . the same evening i receiv'd the kings answer to this petition , by the secretary of state to this effect , that my petition was read , but that the matter being depending before the house of peers , his majesly did not think fit to meddle with it . and thus i found the aforesaid reports of the kings hearing these matters to be utterly false , whereupon , i apply'd again to the house of peers , and finding no report nor any answer return'd from the commissioners of accounts , nor any probability of the same : i drew another copy of the aforemention'd petition , relating to the commissioners of accounts , which by reason of the great difficulty i had found to get it carry'd into the house ; i inclos'd it in a better and sent it to sir george treby , lord chief justice of the common plea's , who was then speaker of the house ( my lord keeper being indispos'd ) by the gentleman usher of the black-rod , a copy of which letter and petition is as followeth , viz. february th / . my lord , the great difficulty i have found , to get a petition carry'd into the house of peers , oblig●● me to give your lordship this trouble . i have a petition of complaint against diverse notorious corruptions , in the government now depending in the house , upon which their lordships have ishu'd an order to the commissioners of accounts , but the said commissioners delaying , or rather never intending to obey the said order , and fearing the house of peers , as well as the nation in general may be a gain impos'd upon , and disappointed this session of parliament as they were the last , i therefore humbly pray your lordship to read the inclos'd petition to the house , it being of great concern to the publick good : and mr. baston who is named therein with my self , are attending at the door to answer the same . i am , my lord , your lordships most obedient servant robert crosfeild . directed on the back side to the right honourable sir george treby , lord chief justice of the common plea's . to the lords spiritual and temporal in parliament assembled . the humble petition of robert crosfeild . sheweth , that when your petitioner presented his humble petition , to your lordships the last session and this session of parliament , it was not only design'd to lay open the corruptions and evil practices of the admiralty , navy , and sick , and wounded offices , but also intended as an appeal from the justice of the commissioners , for stating the publick accounts , who in the latter end of the year . had the complaint laid before them , against the present commissioners for sick and wounded , which contrary to the publick good , they have delay'd to this day in the manner following , viz. that the said complaint was about five months in their office sworn to , before it came under examination , till on the first of august the said commissioners of accounts sent for mr. baston , and , after rejecting the first three articles in his complaint , they , in an illegal and arbitrary manner , examin'd the rest , and countenanc'd and conceall'd manifest perjury therein , as well as other notorious crimes , all which lay dormant till the begining of march . that your petitioner the last session of parliament , presenting his humble petition to this most honourable house ; your lordships were pleas'd to order the said commissioners of accounts , to lay before the house an account of the proceedings , against the commissioners for sick and wounded , to which in eleven days , viz. from the th to the th of march , they return'd only a verbal answer , and pretended the matter was still depending before them and not finish'd , &c. by which they prevail'd to have it recommitted , which was accordingly done , as well as the d and d articles in my petition , which they examin'd as illegally as before ( all which appears by what mr. baston and your petitioner have set forth in print ) . and so the matter has been delay'd by the said commissioners of accounts to this day , by which means the nation has been sadly disappointed of a most necessary discovery , which otherwise might have been laid open to your lordships the last session of parliament , and in all probability , infinite evils prevented that has since fallen upon the publick . that the commissioners of accounts having acted in the aforemention'd manner , their report , whenever they make it , will appear to their shame , and so your petitioner humbly conceives it naturally follows , they will never obey the present order of this most honourable house ( which has already been fifteen days unanswer'd ) so as to make a report of these matters willingly , but endeavour by all means possible to evade and delay it this session of parliament also , under diverse specious pretences of other more important business . for preventing of which , and for that your petitioner humbly conceives , the distresses and danger that the publick lies under , is very great by reason of the violent perverting and obstructing of justice , and for that the adversaries have no way to withstand a legal hearing of these notorious matters , but by the aforesaid method of delays . your petitioner does therefore most humbly pray , your lordships to appoint a committee to hear and examine the articles , and allegations in his late petition , who in the mean time that the commissioners of accounts may delay their report , shall have diverse ennormous crimes prov'd before their lordships , that were never before the said commissioners of accounts . and your petitioner shall ever pray , &c. robert crosfeild . this petition enclos'd in the aforesaid letter , was deliver'd by the usher of the black-rod to sir george treby , and i expecting his lordship would have mov'd the house therein ( as my lord keeper had done before ) i attended that day , but heard nothing of it , then i came to the house the next morning , and understood from one of the clerks of the parliament whose name i think is walker ) that sir george treby had given my letter and petition to him , and told him he had nothing to do to move the house in it , and that every body knew mr. crosfeilds business , and offer'd to give my petition back . thus all these foul crimes , that have been laying open these two sessions of parliament , are knock'd down dead by this last act of denial of justice in the highest court of indicature , which has oblig'd me to print these proceedings ; and because the matters are so notorious , as hardly to be parell'd in any age or nation , i shall therefore crave leave to make some short observations upon the whole . and st , observing our unaccountable losses and miscarriages with the great streights , into which the publick is brought to find out mony for carrying on the war , it is matter of amazement to consider , that there should be such coldness , or rather unwillingness to examine into that mass of wickedness , that has been laid open , which having overspread the nation like a leprosy , has been the true cause of all our pass'd and present miseries , and must inevitably bring us to ruine , if the laws are not speedily put in execution to prevent it . i say , 't is matter of amazement , that we should be backward to enquire into the cause of our misery . dly , our practices are not only contrary to the rules of common prudence and reason , but also to the practise of all other nations , it being publickly known , that the french and venetians have lately constituted commissioners , to enquire into publick frauds , as naturally concluding ( tho none are complain'd of ) that there will be cheats and embezelments of the publick mony in time of war , when there is most need of frugality . but we are so far from doing like them , that we are unwilling to enquire into those notorious miscarriages that are already laid open , tho some of them have been actually prov'd over and over , and the criminals protected and continu'd in their employments to this day . dly , that as my lord keeper acted with much honour , and did his duty for the publickgood , in reporting my letter before mention'd to the house of peers , so on the contrary sir george treby , in refusing to read or report my letter , or petition to the house , has only deny'd justice , and put a stop to this necessary discovery , and contributed to protect those criminals that ought to be brought to justice : but has also given a president to encourage evil practices , and destroy the liberty of the subject by taking away the petition right . for if officers and ministers of trust act corruptly , and oppress the people , and there be no way to appeal from their justice but to parliament , then such appeal or complaint must be by petition ; but if the known liberty and right of petitioning be destroy'd , our laws are ineffectual and all great men become lawless , none being able to bring them to answer their crimes : and if our laws are not put in execution , they are in effect discontinu'd and abolish'd . and if laws be the foundation support and upholder of government , then whatever government wants will or strength to assert its own laws , and bring offenders to justice , must needs be in a very weak and tottering condition and near a period , and this ought to be matter of great sorrow , to all thinking men that wish the prosperity of their country , for however , slightly it may be thought of 't is certainly a most fore and dangerous disease , and requires a speedy and strong purge , or 't will be past cure. and therefore in short , if there be any law in england , to punish those hanious crimes that i have offer'd to prove , i do and shall insist on , and demand it as my birth right , to be speedily and legally heard upon my petition , and articles now lying in the house of peers : not doubting but by their lordships wisdom , prudence , and moderation , matters may soon be regulated to the happiness of the king and kingdom . robert crosfeild . february th / ▪ notes, typically marginal, from the original text notes for div a -e publis●●● 〈◊〉 me in my entituled stice perv &c. pag. * 〈…〉 〈…〉 ion and arti 〈…〉 of 〈…〉 belong 〈◊〉 ●his ●aper . * vid. the pe●●tion and a●ticles in th● begining of this paper . * duke of shrewsbury . lord privy seal . marquess of normanby . earl of rochester . earl of bridgwater . earl of stamford . earl of malborough . earl of monmouth . earl of torrington . lord cornwallis . marquess of carmarthen . lord cornbury . sir richard onslow . sir samuel bernadiston . an argument shewing, that a standing army, with consent of parliament, is not inconsistent with a free government, &c. defoe, daniel, ?- . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; 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(eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) an argument shewing, that a standing army, with consent of parliament, is not inconsistent with a free government, &c. defoe, daniel, ?- . [ ], p. printed for e. whitlock, london : . attributed to daniel defoe. cf. bm. a reply to: an argument shewing that a standing army is inconsistent with a free government by john trenchard and walter moyle. reproduction of original in huntington library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng trenchard, john, - . -- argument shewing that a standing army is inconsistent with a free government. england and wales. -- army. standing army. great britain -- politics and government -- - . - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - judith siefring sampled and proofread - judith siefring text and markup reviewed and edited - pfs batch review (qc) and xml conversion an argument shewing , that a standing army , with consent of parliament , is not inconsistent with a free government , &c. chron. . . and king solomon had four thousand stalls for horses and chariots , and twelve thousand horsemen ; whom he bestowed in the chariot-cities , and with the king at jerusalem . london : printed for e. whitlock near stationers . . the preface . the present pen and ink war rais'd against a standing army , has more ill consequences in it , than are at first sight to be discern'd . the pretence is specious , and the cry of liberty is very pleasing ; but the principle is mortally contagious and destructive of the essential safety of the kingdom ; liberty and property , are the glorious attributes of the english nation ; and the dearer they are to us , the less danger we are in of loosing them ; but i cou'd never yet see it prov'd , that the danger of loosing them by a small army was such as we shou'd expose our selves to all the world for it . some people talk so big of our own strength , that they think england able to defend it self against all the world. i presume such talk without book ; i think the prudentest course is to prevent the trial , and that is only to hold the ballance of europe as the king now does ; and if there be a war to keep it abroad . how these gentlemen will do that with a militia , i shou'd be glad to see proposed ; 't is not the king of england alone , but the sword of england in the hand of the king , that gives laws of peace and war now to europe ; and those who would thus write the sword out of his hand in time of peace , bid the fairest of any men in the world to renew the war. the arguments against an army have been strongly urg'd ; and the authors with an unusual assurance , boast already of their conquest , tho' their armour is not yet put off . i think their triumph goes before their victory ; and if books and writing will not , god be thanked the parliament will confute them , by taking care to maintain such forces , and no more , as they think needful for our safety abroad , without danger at home , and leaving it to time to make it appear , that such an army , with consent of parliament , is not inconsistent with a free government , &c. an argument , shewing , that a standing army , with consent of parliament , is not inconsistent with a free government , &c. in the great debates about a standing army ; and in all the arguments us'd on one side and 'tother , in the case it seems to me , that both parties are guilty of running into the extreams of the controversie . some have taken up such terrible notions of an army , that take it how you will , call it what you will ; be it rais'd , paid or commanded by whom you will , and let the circumstances be alter'd never so much , the term is synonimous , an army is an army ; and if they don't enslave us , the thanks is not to our good conduct ; for so many soldiers , so many masters : they may do it if they will ; and if they do not do it now , they may do it in another reign , when a king shall arise who knows not ioseph , and therefore the risque is not to be run by any means : from hence they draw the consequence , that a standing army is inconsistent with a free government , &c. which is the title to the argument . this we find back'd by a discourse of militia's , and by a second part of the argument , &c. and all these three , which seem to me to be wrote be the same hand , agree in this point in general ▪ that the war being at an end , no forces at all are to be kept in pay , no men to be maintained whose profession is bearing arms , whose commission is to kill and slay , as he has it in the second part ; but they must be dismist , as men for whom there is no more occasion against an enemy , and are dangerous to be kept up , least they find occasion against our selves . the advocates for the necessity of a standing army , seem to make light of all these fears and jealousies ; and plead the circumstances of the kingdom , with relation to our leagues and confederacys abroad , the strength of our neighbours , a pretender to the crown in being , the uncertainties of leagues , and the like , as arguments to prove an army necessary . i must own these are no arguments any longer than those circumstances continue , and therefore can amount to no more than to argue the necessity of an army for a time , which time none of them has ventured to assign , nor to say how , being once establish'd , we shall be sure to be rid of them , in case a new king shou'd succeed before the time be expir'd , who may not value our liberty at the rate his present majesty has done . i desire calmly to consider both these extreams , and if it be possible , to find out the safe medium which may please us all . if there be any person who has an ill design in pushing thus against the soldery . i am not to expect , that less than a disbanding the whole army will satisfie him ; but such who have no other end than preserving our liberties entire , and leaving them so to posterity , will be satisfied with what they know is sufficient to that end ; for he who is not content with what will fully answer the end he proposes , has some other end than that which he proposes . i make no reflections upon any party , but i propose to direct this discourse to the honest well meaning english ▪ freeholder , who has a share in the terra firma , and therefore is concern'd to preserve freedom to the inhabitant that loves his liberty better than his life , and won't sell it for money ; and this is the man who has the most reason to fear a standing army , for he has something to loose ; as he is most concern'd for the the safety of a ship , who has a cargo on her botom . this man is the hardest to be made believe that he cannot be safe without an army , because he finds he is not easie with one . to this man all the sad instances of the slavery of nations , by standing armies , stand as so many buoys to warn him of the rocks which other free nations have split upon ; and therefore 't is to this man we are to speak . and in order to state the case right , we are to distinguish first between england formerly , and england now ; between a standing army able to enslave the nation , and a certain body of forces enough to make us safe . england now is in sundry circumstances , different from england formerly , with respect to the manner of fighting , the circumstances of our neighbours , and of our selves ; and there are some reasons why a militia are not , and perhaps i might make it out cannot be made fit for the uses of the present wars . in the ancient times of england's power , we were for many years the invaders of our neighbours , and quite out of fear of invasions at home ; but before we arriv'd to that magnitude in the world , 't is to be observed we were hardly ever invaded , but we were conquer'd , william the conqueror was the last ; and if the spaniard did not do the same , 't was because god set the elements in battel array against them , and they were prevented bringing over the prince of parma's army ; which if they had done , 't would have gone very hard with us ; but we owe it wholly to providence . i believe it may be said , that from that time to this day , the kingdom has never been without some standing troops of souldiers entertain'd in pay , and always either kept at home or employ'd abroad ; and yet no evil consequence follow'd , nor do i meet with any votes of the parliament against them as grievances , or motions made to disband them , till the days of king charles the first . queen elizabeth , tho' she had no guard du corps , yet she had her guards du terres . she had even to her last hour several armies , i may call them , in pay among forreign states and princes , which upon any visible occasion were ready to be call'd home . king iames the first had the same in holland , in the service of gustavus adolphus king of sweden , and in the unfortunate service of the king of bohemia ; and that scotch regiment , known by the name of douglass's regiment , have been , ( they say ) a regiment two hundred and fifty years . king charles the first had the same in the several expeditions for the relief of rochel , and that fatal descent upon the isle of rhe , and in his expeditions into scotland ; and they would do well to reconcile their discourse to it self , who say in one place , if king charles had had five thousand men , the nation had never struct one stroak for their liberties ; and in another , that the parliament were like to have been petitioned out of doors by an army a hundred and fifty miles off , tho there was a scotch army at the heels of them : for to me it appears that king charles the first had an army then , and would have kept it , but that he had not the purse to pay them , of which more may be said hereafter . but england now stands in another posture , our peace at home seems secure , and i believe it is so ▪ but to maintain our peace abroad , 't is necessary to enter into leagues and confederacies : here is one neighbour grown too great for all the rest ; as they are single states or kingdoms , and therefore to mate him , several must joyn for mutual assistance , according to the scotch law of duelling , that if one can't beat you ten shall . these alliances are under certain stipulations and agreements , with what strength and in what places , to aid and assist one another ; and to perform these stipulations , something of force must be at hand if occasion require . that these confederacies are of absolute and indispensible necessity , to preserve the peace of a weaker against a stronger prince , past experience has taught us too plainly to need an argument . there is another constant maxim of the present state of the war ; and that is , carry the war into your enemies country , and always keep it out of your own . this is an article has been very much opposed 't is true ; and some , who knew no better , would talk much of the fruitless expence of a war abroad ; as if it was not worth while to defend your confederates country , to make it a barrier to your own . this is too weak an argument also to need any trouble about ; but this again makes it absolutely necessary to have always some troops ready to send to the assistance of those confederates if they are invaded . thus at the peace of nimeguen , six regiments were left in holland , to continue there in time of peace , to be ready in case of a rupture . to say , that instead of this we will raise them for their assistance when wanted , would be something , if this potent neighbour , were not the french king , whose velocity of motion the dutch well remember in . but then , say they , we may send our militia . first , the king can't command them to go ; and secondly , if he could , no body wou'd accept them ; and if they would go , and would be accepted of , they would be good for nothing : is we have no forces to assist a confederate , who will value our friendship , or assist us if we wanted it ? to say we are self-dependent , and shall never need the assistance of our neighbour , is to say what we are not sure of , and this is certain it is as needful to maintain the reputation of england in the esteem of our neighbours , as 't is to defend our coasts in case of an invasion ; for keep up the reputation of our power , and we shall never be invaded . if our defence from insurrections or invasions , were the only necessary part of a future war , i shou'd be the readier to grant the point , and to think our militia might be made useful ; but our business is principiis obsta , to beat the enemy before he comes to our own door . our business in case of a rupture , is to aid our confederate princes , that they may be able to stand between us and danger : our business is to preserve flanders , to garrison the frontier towns , and be in the field in conjunction with the confederate armies : this is the way to prevent invasions , and descents : and when they can tell us that our militia is proper for this work , then we will say something to it . i 'll suppose for once what i hope may never fall out , that a rupture of this peace shou'd happen , and the french , according to custom , break suddenly into flanders , and over-run it , and after that holland , what condition wou'd such a neighbourhood of such a prince , reduce us to ? if it be answer'd again , soldiers may be raised to assist them . i answer , as before , let those who say so , read the history of the french king's irruption into holland in the year . where he conquer'd sixty strong fortified towns in six weeks time : and tell me what it will be to the purpose to raise men , to fight an enemy after the conquest is made ? 't will not be amiss to observe here that the reputation and influence the english nation has had abroad among the princes of christendom , has been always more or less according as the power of the prince , to aid and assist , or to injure and offend , was esteem'd . thus queen rlizabeth carried her reputation abroad by the courage of her english souldiers and seamen ; and on the contrary , what a ridiculous figure did king iames , with his beati pacifici , make in all the courts of christendom ? how did the spaniard and the emperor banter and buffoon him ? how was his ambassador asham'd to treat for him , while count colocedo told count mansfield , that his new master ( meaning king iames ) knew neither how to make peace or war ? king charles the first far'd much in the same manner : and how was it altered in the case of oliver ? tho' his government did a tyrant resemble , he made england great , and her enemies tremble . dialogue of the houses . and what is it places the present king at the helm of the confederacies ? why do they commit ▪ their armies to his charge , and appoint the congress of their plenipotentiaries at his court ? why do distressed princes seek his mediation , as the dukes of holstien , savoy , and the like ? why did the emperor and the king of spain leave the whole management of the peace to him ? 't is all the reputation of his conduct and the english valour under him ; and 't is absolutely necessary to support this character which england now bears in the world , for the great advantages which may and will be made from it ; and this character can never live , nor these allyances be supported with no force at hand to perform the conditions . these are some reasons why a force is necessary , but the question is , what force ? for i grant , it does not follow from hence , that a great army must be kept on foot in time of peace , as the author of the second part of the argument says is pleaded for . since then no army , and a great army , are extreams equally dangerous , the one to our liberty at home , and the other to our reputation abroad , and the safety of our confederates ; it remains to inquire what medium is to be found out ; or in plain english , what army may , with safety to our liberties , be maintained in england , or what means may be found out to make such an army serviceable for the defence of us and our allies , and yet not dangerous to our constitution . that any army at all can be safe , the argument denies , but that cannot be made out ; a thousand men is an army as much as ; as the spanish armado is call'd , an armado , tho' they seldom fit out above four men of war ; and on this account i must crave leave to say , i do confute the assertion in the title of the argument , that a standing army is inconsistent with a free government , and i shall further do it by the authority of parliament . in the claim of right , presented to the present king ▪ and which he swore to observe , as the pacta conventa of the kingdom , it is declar'd , in hac verba , that the raising or keeping a standing army within the kingdom in time of peace , unless it be by consent of parliament , is against law. this plainly lays the whole stress of the thing , not against the thing it self , a standing army , nor against the season , in time of peace , but against the circumstance , consent of parliament ; and i think nothing is more rational than to conclude from thence , that a standing army in time of peace , with consent of parliament , is not against law , and i may go on , nor is not inconsistent with a free government , nor destructive of the english monarchy . there are two distinctions necessary therefore in the present debate , to bring the question to a narrow compass . first , i distinguish between a great army and a small army . and secondly , i distinguish between an army kept on foot without consent of parliament , and an army with consent of parliament . and whereas we are told , an army of soldiers is an army of masters , and the consent of parliament don't alter it , but they may turn them out of doors who rais'd them , as they did the long parliament . the first distinction answers that ; for if a great army may do it , a small army can't ; and then the second distinction regulates the first . for it cannot be supposed , but the parliament when they give that consent which can only make an army lawful , will not consent to a larger army then they can so master , as that the liberties or people of england , shall never be in danger from them . no man will say this cannot be , because the number may be supposed as small as you please ; but to avoid the sophistry of an argument , i 'll suppose the very troops which we see the parliament have not voted to be disbanded ; that is , those which were on foot before the year . no man will deny them to be a standing army , and yet sure no man will imagine any danger to our liberties from them . we are ask'd , if you establish an army , and a revenue to pay them , how shall we be sure they will not continue themselves ? but will any man ask that question of such an army as this ? can six thousand men tell the nation they won't disband , but will continue themselves , and then raise money to do it ? can they exact it by military execution ? if they can , our militia must be very despicable . the keeping such a remnant of an army does not hinder but the militia may be made as useful as you please ; and the more useful you make it , the less danger from this army : and however it may have been the business of our kings to make the militia as useless as they could , the present king never shew'd any tokens of such a design . nor is it more than will be needful , for men by themselves won't do , if the invasion we speak of should ever be attempted . what has been said of the appearance of the people on the purbeck fancied invasion , was very true ; but i must say , had it been a true one of forty thousand regular troops , all that appearance cou'd have done nothing , but have drove the country in order to starve them , and then have run away : i am apt enough to grant what has been said of the impracticableness of any invasion upon us , while we are masters at sea ; but i am sure the defence of england's peace , lies in making war in flanders . queen elizabeth found it so , her way to beat the spaniards , was by helping the dutch to do it . and she as much defended england in aiding prince maurice , to win the great battel of newport , as she did in defeating their invincible armado . oliver cromwel took the same course ; for he no sooner declared wat against spain , but he embark'd his army for flanders : the late king charles did the same against the french , when after the peace of nimeguen , six regiments of english and scots were always left in the service of the dutch , and the present war is a further testimony : for where has it been fought , not in england , god be thanked , but in flanders ? and what are the terms of the peace , but more frontier towns in flanders ? and what is the great barrier of this peace , but flanders ; the consequence of this may be guess'd by the answer king william gave when prince of orange , in the late treaty of nimeguen ; when , to make the terms the easier , 't was offered , that a satisfaction shou'd be made to him by the french , for his lands in luxemburgh ; to which the prince reply'd . he would part with all his lands in luxemburgh to get the spaniards one good frontier town in flanders . the reason is plain ; for every one of those towns , tho' they were immediately the spaniards , were really bulwarks to keep the french the further off from his own country ; and thus it is now : and how our militia can have any share in this part of the war , i cannot imagine . it seems strange to me to reconcile the arguments made use of to magnifie the serviceableness of the militia , and the arguments to enforce the dread of a standing army ; for they stand like two batteries one against another , where the shot from one dismounts the cannon of the other : if a small army may enslave us , our militia are good for nothing ; if good for nothing , they cannot defend us , and then an army is necessary : if they are good , and are able to defend us , then a small army can never hurt us , for what may defend us abroad , may defend us at home ; and i wonder this is not consider'd . and what is plainer in the world than that the parliament of england have all along agreed to this point . that a standing army in time of peace , with consent of parliament , is not against law. the establishment of the forces in the time of k. charles ii. was not as i remember ever objected against in parliament , at least we may say the parliament permitted them if they did not establish them : and the present parliament seems enclin'd to continue the army on the same foot , so far as may be suppos'd from their vote to disband all the forces raised since . to affirm then , that a standing army , ( without any of the former distinctions ) is inconsistent , &c. is to argue against the general sense of the nation , the permission of the parliament for years past , and the present apparent resolutions of the best composed house that perhaps ever entred within those walls . to this house the whole nation has left the case , to act as they see cause ; to them we have committed the charge of our liberties , nay the king himself has only told them his opinion , with the reasons for it , without leading them at all ; and the article of the claim of right is left in full force : for this consent of parliament is now left the whole and sole judge . whether an army or no army ; and if it votes an army , 't is left still the sole judge of the quantity , how many , or how few . here it remains to enquire the direct meaning of those words , vnless it be by consent of parliament ▪ and i humbly suppose they may , among other things , include these particulars . . that they be rais'd and continued not by a tacit , but explicite consent of parliament ; or , to speak directly , by an act of parliament . . that they be continued no longer than such explicite consent shall limit and appoint . if these two heads are granted in the word consent , i am bold to affirm ▪ such an army is not inconsistent with a free government , &c. i am as positively assur'd of the safety of our liberties under the conduct of king and parliament , while they concur , as i am of the salvation of believers by the passion of our saviour ; and i hardly think 't is fit for a private man to impose his positive rules on them for method , any more than 't is to limit the holy spirit , whose free agency is beyond his power : for the king , lords and commons , can never err while they agree ; nor is an army of or men either a scarcrow enough to enslave us , while under that union . if this be allow'd , then the question before us is , what may conduce to make the harmony between the king , lords and commons eteernal ? and so the debate about an army ceases . but to leave that question , since frailty attends the best of persons , and kings have their faux pas , as well as other men , we cannot expect the harmony to be immortal ; and therefore to provide for the worst , our parliaments have made their own consent the only clause that can make an army legitimate : but to say that an army directly as an army , without these distinctions , is destructive of the english monarchy , and inconsistent with a free government , &c. is to say then that the parliament can destroy the english monarchy , and can establish that which is inconsistent with a free government ; which is ridiculous . but then we are told , that the power of the sword was first placed in the lords er barons , and how they serv'd the king in his wars with themselves and their vassals , and that the king had no power to invade the priviledges of the barons , having no other forces than the vassals of his own demeasnes to follow him : and this form is applauded as an extraodinary constitution , because there is no other limitation of a monarchy of any signification than such as places the sword in the hand of the subject : and all such government where the prince has the power of the sword , tho' the people have the power of the purse , are no more monarchies but tyrannies : for not only that government is tyrannical which is tyrannically exercis'd , but all governments are tyrannical which have not in their constitution sufficient security against the arbitrary power of their prince ; that is , which have not the power of the sword to imploy against him if need be . thus we come to the argument : which is not how many troops may by allow'd , or how long ; but in short , no mercenary-troops at all can be maintain'd without destroying our constitution , and metamorphizing our government into a tyranny . i admire how the maintainer of this basis came to omit giving us an account of another part of history very needful to examine , in handing down the true notion of government in this nation , viz. of parliaments . to supply which , and to make way for what follows , i must take leave to tell the reader , that about the time , when this service by villenage and vassalage began to be resented by the people , and by peace and trade they grew rich , and the power of the barons being too great , frequent commotions , civil wars , and battels , were the consequence , nay sometimes without concerning the king in the quarrel : one nobleman would invade another , in which the weakest suffered most , and the poor man's blood was the price of all ; the people obtain'd priviledges of their own , and oblig'd the king and the barons to accept of an equilibrium ; this we call a parliament : and from this the due ballance , we have so much heard of is deduced . i need not lead my reader to the times and circumstances of this , but this due ballance is the foundation on which we now stand , and which the author of the argument so highly applaudes as the best in the world ; and i appeal to all men to judge if this ballance be not a much nobler constitution in all its points , than the old gothick model of government . in that the tyranny of the barons was intollerable , the misery and slavery of the common people insupportable , their blood and labour was at the absolute will of the lord , and often sacrifice to their private quarrels : they were as much at his beck as his pack of hounds were at the sound of his horne ; whether it was to march against a forreign enemy , or against their own natural prince ▪ so that this was but exchanging one tyrant for three hundred , for so many the barons of england were accounted at least . and this was the effect of the security vested in the people , against the arbitrary power of the king ; which was to say the barons took care to maintain their own tyranny , and to prevent the kings tyrahnizing over them . but 't is said , the barons growing poor by the luxury of the times , and the common people growing rich , they exchang'd their vassalage for leases , rents , fines , and the like . they did so , and thereby became entituled to the service of themselves ; and so overthrew the settlement , and from hence came a house of commons : and i hope england has reason to value the alteration . let them that think not reflect on the freedoms the commons enjoy in poland , where the gothick institution remains , and they will be satisfied . in this establishment of a parliament , the sword is indeed trusted in the hands of the king , and the purse in the hands of the people ; the people cannot make peace or war without the king , no● the king cannot raise or maintain an army without the people ; and this is the true ballance . but we are told , the power of the purse is not a sufficient security without the power of the sword : what! not against ten thousand men ? to answer this , 't is necessary to examine how far the power of the sword is in the hands of the people already , and next whether the matter of fact be true . i say the sword is in part in the hands of the people already , by the militia , who , as the argument says are the people themselves . and how are they ballanc'd ? 't is true , they are commissioned by the king , but they may refuse to meet twice , till the first pay is reimburst to the countrey : and where shall the king raise it without a parliament ? that very militia would prevent him . so that our law therein authorizing the militia to refuse the command of the king , tacitly puts the sword into the hands of the people . i come now to examine the matter of fact , that the purse is not an equivalent to the sword , which i deny to be true ; and here 't will be necessary to examine ▪ how often our kings of england have raised armies on their own heads , but have been forced to disband them for want of moneys , nay , have been forced to call a parliament to raise money to disband them . king charles the first is an instance of both these ; for his first army against the scots he was forced to dismiss for want of pay ; and then was forced to call a parliament to pay and dismiss the scots ; and tho' he had an army in the field at the pacification , and a church army too , yet he durst not attempt to raise money by them . i am therefore to affirm , that the power of the purse is an equivalent to the power of the sword ; and i believe i can make it appear , if i may be allowed to instance in those numerous armies which gaspar coligny , admiral of france , and henry the fourth king of navar , and william the first p. of orange brought of germany into france , and into the low countries , which all vanished , and could attempt nothing for want of a purse to maintain them : but to come nearer , what made the efforts of king charles all abortive , but want of the purse ? time was he had the sword in his hand , when the duke of buckingham went on those fruitless voyages to rochell , and himself afterwards to scotland , he had forces on foot , a great many more than five thousand , which the argument mentions , but he had not the purse , at last he attempted to take it without a parliament , and that ruin'd him . king charles the second found the power of the purse , so much out-ballanced the power of the sword , that he sat still , and let the parliament disband his army for him , almost whether he would or no. besides the power of the purse in england , differs from what the same thing is in other countries , because 't is so sacred a thing , that no king ever touch'd at it but he found his ruine in it . nay , 't is so odious to the nation , that whoever attempts it , must at the same time be able to make an entire conquest or nothing . if then neither the consent of parliament , nor the smalness of an army proposed , nor the power of the sword in the hands of the milia , which are the people themselves , nor the power of the purse , are not a sufficient ballance against the arbitrary power of the king , what shall we say ? are ten thousand men in arms , without money , without parliament authority , hem'd in with the whole militia of england , and dam'd by the laws ? are they of such force as to break our constitution ? i cannot see any reason for such a thought . the parliament of england is a body of whom we may say , that no weapon formed against them cou'd ever prosper ; and they know their own strength , and they know what force is needful , and what hurtful , and they will certainly maintain the first and disband the last . it may be said here , 't is not the fear of ten thousand men , 't is not the matter of an army , but 't is not the thing it self ; grant a revenue for life , and the next king will call it , my revenue , and so grant an army for this king , and the next will say , give me my army . to which i answer , that these things have been no oftner ask'd in parliament than deny'd ; and we have so many instances in our late times of the power of the purse , that it seems strange to me , that it should not be allowed to be a sufficient ballance . king charles the second , as i hinted before , was very loath to part with his army rais'd in . but he was forced to it for want of money to pay them ; he durst not try whether when money had raised an army , an army cou'd not raise money . 't is true , his revenues were large , but frugality was not his talent , and that ruin'd the design . king iames the second was a good husband , and that very husbandry had almost ruin'd the nation ; for his revenues being well managed , he maintain'd an army out of it . for 't is well known , the parliament never gave him a penny towards it ; but he never attempted to make his army raise any money ; if he had ; 't is probable his work had been sooner done than it was . but pray let us examine abroad , if the purse has not governed all the wars of europe . the spaniards were once the most powerful people in europe ; their infantry were in the days of the prince of parma , the most invincible troops in the world. the dutch , who were then his subjects , and on whom he had levied immense sums of money , had the th penny demanded of them , and the demand back'd by a great army of these very spaniards , which , among many other reasons caused them to revolt . the duke d'alva afterwards attempted for his master to raise this tax by his army , by which he lost the whole netherlands , who are now the richest people in the world ; and the spaniard is now become the meanest and most despicable people in europe , and that only because they are the poorest . the present war is another instance , which having lasted eight years , is at last brought to this conclusion ▪ that he who had the longest sword has yielded to them who had the longest purse . the late king charles the first , is another most lively instance of this matter , to what lamentable shifts did he drive himself ? and how many despicable steps did he take , rather than call a parliament , which he hated to think of . and yet , tho' he had an army on foot , he was forced to do it , or starve all his men ; had it been to be done , he wou'd have done it . 't is true , 't was said the earl of strofford propos'd a scheme , to bring over an army out of ireland , to force england to his terms ; but the experiment was thought too desperate to be attempted , and the very project ruin'd the projector ; such an ill fate attends every contrivance against the parliament of england . but i think i need go no further on that head : the power of raising money is wholly in the parliament , as a ballance to the power of raising men , which is in the king ; and all the reply i can meet with is , that this ballance signifies nothing , for an army can raise money , as well as money raise an army ; to which i answer , besides what has been said already ; i do not think it practicable in england : the greatest armies , in the hands of the greatest tyrants we ever had in england , never durst attempt it . we find several kings in england have attempted to raise money without a parliament , and have tryed all the means they could to bring it to pass ; and they need not go back to richard the second , to edward the second , to edward the fourth , to henry the eighth , or to charles the first , to remind the reader of what all men who know any thing of history are acquainted with : but not a king ever yet attempted to raise money , by military execution , or billetting soldiers upon the country . king iames the second had the greatest army and the best , as to discipline , that any king ever had ; and his desperate attempts on our liberties show'd his good will , yet he never came to that point . i won't deny , but that our kings have been willing to have armies at hand , to back them in their arbitrary proceedings , and the subjects may have been aw'd by them from a more early resentment ; but i must observe , that all the invasion of our rights , and all the arbitrary methods of our governors , has been under pretences of law. king charles the first levy'd ship-money as his due , and the proclamations for that purpose cite the pretended law , that in case of danger from a foreign enemy , ships shou'd be fitted out to defend us , and all men were bound to contribute to the charge ; coat and conduct money had the like pretences ; charters were subverted by quo warrantoes , and proceedings at law ; patriots were murther'd under formal prosecutions , and all was pretended to be done legally . i know but one instance in all our english story , where the souldery were employ'd as souldiers , in open defyance of law , to destroy the peoples liberties by a military absolute power , and that stands as an everlasting brand of infamy upon our militia ; and is an instance to prove , beyond the power of a reply , that even our militia , under a bad government , let them be our selves , and the people , and all those fine things never so much are under ill officers and ill management , as dangerous as any souldery whatever , will be as insolent , and do the drudgery of a tyrant as effectually . in the year when mr. dubois and mr. papillon , a member of the present parliament , were chosen sheriffs of london , and sir iohn moor , under pretence of the authority of the chair , pretended to nominate one sheriff himself , and leave the city to choose but one , and confirm the choice of the mayor , the citizens struggled for their right , and stood firm to their choice , and several adjournments were made to bring over the majority of the livery , but in vain : at length the day came when the sheriffs were to be sworn , and when the livery-men assembled at guild-hall to swear their sheriffs , they found the hall garrison'd with a company of trained-bands under lieutenant coll. quiney , a citizen himself , and most of the soldiers , citizens and inhabitants ; and by this force the ancient livery-men were shut out , and several of them thrown down , and insolently used , and the sheriffs thrust away from the hustings , and who the lord mayor pleased was sworn in an open defiance of the laws of the kingdom , and priviledges of the city . this was done by the militia to their everlasting glory , and i do not remember the like done by a standing army of mercenaries , in this age at least . nor is a military tyranny practicable in england , if we consider the power the laws have given to the civil magistrate , unless you at the same time imagine that army large enough to subdue the whole english nation at once , which if it can be effected by such an army as the parliament now seem enclined to permit , we are in a very mean condition . i know it may be objected here , that the forces which were on foot before . are not the army in debate , and that the design of the court was to have a much greater force . i do not know that , but this i know , that those forces were an army , and the design of all these oponents of an army is in so many words , against any army at all , small as well as great ; a tenet absolutely destructive of the present interest of england , and of the treaties and alliances made by his majesty with the princes and states of europe , who depend so much on his aid in guard of the present peace . the power of making peace or war is vested in the king : 't is part of his prerogative , but 't is implicitly in the people , because their negative as to payment , does really influence all those actions . now if when the king makes war , the subject shou'd refuse to assist him , the whole nation would be ruin'd : suppose in the leagues and confederacies his present majesty is engag'd in for the maintenance of the present peace , all the confederates are bound in case of a breach to assist one another with so many men , say ten thousand for the english quota , more or less , where shall they be found ? must they stay till they are rais'd ? to what purpose would it be then for any confederate to depend upon england for assistance ? it may be said indeed , if you are so engag'd by leagues or treaties , you may hire foreign troops to assist till you can raise them . this answer leads to several things which would take up too much room here . foreign troops require two things to procure them ; time to negotiate for them , which may not be to be spar'd , for they may be almost as soon rais'd ; time for their march from germany , for there are none nearer to be hir'd , and money to hire them , which must be had by parliament , or the king must have it ready : if by parliament , that is a longer way still ; if without , that opens a worse gate to slavery than t'other : for if a king have money , he can raise men or hire men when he will ; and you are in as much danger then , and more than you can be in now from a standing army : so that since giving money is the same thing as giving men , as it appear'd in the late k. iames's reign , both must be prevented , or both may be allow'd . but the parliament we see needs no instructions in this matter , and therefore are providing to reduce the forces to the same quota they were in before . by which means all the fear of invading our liberties will be at an end , the army being so very small that 't is impossible , and yet the king will have always a force at hand to assist his neighbours , or defend himself till more can be raised . the forces before . were an army , and if they were an army by consent of parliament , they were a legal army ; and if they were legal , then they were not inconsistent with a free government , &c. for nothing can be inconsistent with a free government , which is done according to the laws of that government : and if a standing army has been in england legally , then i have proved , that a standing army is not inconsistent with a free government , &c. finis . advertisement . lately published . some reflections on a pamphlet lately published , entituled , an argument shewing that a standing army is inconsistent with a free government , and absolutely destructive to the constitution of the english monarchy . d . edit . printed for , and sold by e. whitlock near stationers-hall . . mercurius publicus: comprising the sum of forraign intelligence ...[no. ( july- july )] mercurius publicus (london, england : ) this text is an enriched version of the tcp digital transcription a of text in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a thomason e _ ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]; :e [ ]; :e [ ]; :e [ ]; :e [ ], etc) mercurius publicus: comprising the sum of forraign intelligence ...[no. ( july- july )] mercurius publicus (london, england : ) muddiman, henry, fl. - , editor. dury, giles editor. newcomb, thomas, d. or , publisher. v. began with numb. ( dec. - jan. ); ceased with numb. ( - aug. ). printed by tho. newcomb, london : title from caption. subtitle varies: , "... comprising the sum of forraign intelligence"; - , "... comprising the sum of all affairs now in agitation." by henry muddiman and giles dury. cf. nelson and seccombe. printed variously by: john macock, thomas newcomb, richard hodgkinson, d. maxwell, peter lillicrap, james cottrell. description based on: numb. . numb. ( - oct. ) is a second copy of the parliamentary intelligencer for those dates, mistakenly titled mercurius publicus. thomason collection does not have complete run. reels listed in chronological order of serial publication; holdings dispersed throughout collection. reproduction of the originals in the british library. enumeration begins again at numb. annually. no issue numbered in , no issue numbered in ; chronology is continuous. eng great britain -- politics and government -- - -- periodicals. great britain -- history -- charles ii, - -- periodicals. europe -- history -- - -- periodicals. a (thomason e _ ). civilwar no mercurius publicus: comprising the sum of forraign intelligence ... [no. ( july- july )]. anon. d the rate of defects per , words puts this text in the d category of texts with between and defects per , words. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - ali jakobson sampled and proofread - ali jakobson text and markup reviewed and edited - pfs batch review (qc) and xml conversion numb. . mercurius publicus , comprising the sum of forraign intelligence : with the affairs now in agitation in england , scotland , and ireland . for information of the people . published by order . from thursday july . to thursday july . . whitehal . his majesty since his return having touch'd for the evil near persons , and there being at present above more in london come from several parts attending for the same , his majesty is graciously pleased so dispatch all that are already come , and ( for several weighty reasons ) resolves to defer the rest to a more seasonable opportunity . we are therefore by his majesties command to give notice hereof , that none of his good subjects may engage themselves ( till further order ) ●an chargeable and unnecessary iourneys . and we are further to give notice , that all from the countries now attending in london the cure of the evil , do repair to mr. knight his majesties chyrurgion , who lives in great bridges-street at the sign of the hare in covent garden , on tuesday and thursday next being the . and . of this instant july , when and where they shall receive tickets for the wednesday and friday , which two da●s his majesty is pleased to set apart for this so pious and charit●●le work . st. iago de la vego in the island of iamaica , april . the negro's ( of whom we daily reduce some to obedience ) being taken , become our good friends , and serviceable to us in what they are capable : colonel tyson was lately commanded ●orth with eighty officers and souldiers , and twenty one negro's ( who are very dexterous in catching the enemy after they are beaten ▪ who after a tedious march over the mountains , found don christopher lying in a morross with in arms with him ▪ commanded by an old souldier of spain , who had double pay allow'd him , and was to succeed the spanish general ; in our fa●ling on , this major received a wound by a lance in his belly , of which he died in two houres ; but their general don christopher being too nimble for us , saved himself by flight . the officers which were took prisoners , and the commissioners that came in to treat for their general , confessed there were about sixty officers and souldiers slain . thence the party march'd to the chererose at the sea side , in order to the seising a ship which the spaniards had formerly taken from us , and did now monethly supply them with provisions from cuba , such as cassader bread , sweet-meats , chocolates , and other conveniences . the security of this vessel was so well managed by scouts , that there was no taking her by land without them : we therefore first lay in wait for the scouts , whom when we had took in several parties , and made our own , in eleven daies time we took the ship , with twenty officers and souldiers in her . and now ( according to promise ) we give you a list of his highness the duke of yorks regiment , whereof very many , if not most ( by the pleasure of his highness , ( as well as his grace the lord general ) are still continued in their place , whom therefore we shall only name . sir allen apsl●y ( a gentleman of known merit for his intellectuals , as well as his courage and loyalty , which have made him eminently of his majesties houshold ) is captain lievtenant to his highness . henry slingsby ( we need only to tell his sir name , in testimony of his loyal●● ) is coronet . george court●●y quartermaster . thomas viscount falconberge is colonel under his highness , and captain of a troop . charles be●l●ssys lievtenant . iohn b●llassys coronet . iohn woodward quartermaster . anthony buller ( formerly a colonel in the west-indies ) is a captain . rich. dounton lievtenant . hugh stukely coronet . allen wharton quartermaster . thomas heward , son to the earl of berkshire ( as well pleas'd to command one of his highness troops as formerly his own regiment , wherein he never express'd the least want of skill or courage . ) hugh bradshaw lievtenant . edward sanders coronet . christopher hull quartermaster . captain iohn sydenham ( son to sir ralph sydenham , who hath manifested his courage in france as well as england ) commands a troop . william noy lievtenant . george collingwood coronet . tho●●● cooper quartermaster . sir iohn talbot ( a member of this present parliament , as well as of that noble house of shrewsbury ) commandeth one of his highness troops . rich. beke lievtenant , bacon coronet , nic. lampon quartermaster . next be pleased to take a list of the officers of his highness the duke of glocester's regiment . his highness troop is commanded by m. phil. howard , son to the earl of berkshire . simon musgrave ( we need not tell you what family he i● of ) is coronet , francis moore is quartermaster . sir ralph knight ( one whose name became his honour , upon his maiesties happy return , wherein his endeavours were very useful ) is colonel , tho. bourne lievtenant , rich. hooker coronet , ralph dawe quartermaster . phil. pri●●e ( very eminent for his manhood ) is major , william hodgkinson lievtenant , ant. mitchell coronet , christ . mallock quartermaster . tho. co●lson , captain , ed austin lievtenant , robert brownlow coronet , james crafis quartermaster . henry ogle captain , tho. ogle lievtenant , tho. ogle coronet , lancelot s●rut●●● quartermaster . william goodwin ( who hath done good service both at sea and land ) is captain . sir hugh middleton ( son of sir vvilliam middleton ) imprisoned and plundered by the rump , not ambitious of great command , but to do his maiesty and his highness service is lievtenant . john ball a coronet , fran su●ley quartermaster . with these regimen●s we will take in the castle of st. mawes in cornwall , now under the command of sir richard vivi●n gent. of the privy chamber to his maiesty , a person that hath remained unshak●n in his loyalty in the midst of all his sufferings . we can give you but a thin account of persons committed to custody since our last : for the black-rod hath but one prisoner more whose name is partington , not portington , who was so couragious and loyal in his majesties service , especially at pontefract , and other places in the north . this day was presented to his sacred majesty an address from the governours and commanders of the castle of the ancient city of chester . to his most excellent majesty , king charles the second , our most gracious soveraign . the humble address of the officers in the castle of chester , in the name of themselves , and of the souldiers of that garrison . with such a thankful acknowledgement of the goodness of god in setling your sacred majesty on the throne of your ancestors , as becomes good christians and loyal subjects , we renew in these rude lines the humble tendry of our bounden duty , wherein we continue to own your most excellent majesty for our undoubted soveraign lord and king , hereby seconding our first actings , wherein we , as soon as other garrisons , freely yeilded our selves to follow ( as duty did bind us ) the noble example of his excel●ency the lord general , under whose auspicious conduct that great breach our sins had made , is happily made up again : and your majesty having given us so many signal tokens of your admirable virtue and goodness in your gracious declaration set forth before you came into your kingdomes , your pious proclamation against debauchery , and vertuous deportment since you came into your imperial city , we find so much cause to believe that you will become another i●siah , in restoring the worship of god , setling the church in peace after so long a time as she hath sit mourning with torn garments upon her , as our hearts rejoyce in expectation to see such a compleat settlement of peace and truth , as the laws of god , and the good laws of the land require , hoping that a due restraint will be put to prophaness , superstition , and libertinism . lastly , we shall not by the grace of god recede from our bounden duty , but remain your majesties loyal subjects and faithful souldiers , manifesting upon all occasions our readiness to hazard our lives for the maintenance of your royal person , crown and dignity , expressing our selves alwa●es your majesties most loyal subjects and obedient servants . r. venables . i● . io●●ie . tho. baskervile . iohn weader . henry moore . but in scotland are committed sir james steward provost of edinborough , of whose good deeds we never told you , and fear we never shall ; and sir john che●sley , whom 'twas easier to make a knight than make him good . these two were the eminent remonstrants against his majesty , but have thousands to remonstrate against them , now they are in edinborough castle . there are more to be committed if they did not disappear , though some have the forehead to approach the court in england , of which number is the lai●d swinton , one of oliver cromwell's counsellours and judges , who of late ( forsooth ) would needs turn q●aker , and hath reason to be so in earnest , since he is now apprehended and committed to the gate-house . hamburgh july . to morrow the imperial forces are to march out of holstein , and ( as is reported ) to have their quarters assigned them , yet for some time , in the dukedoms of meklenburg and pomerania , until they receive farther order . they write from lubeck , that the castle of cronenburg in sealand was to be restored to denmark this week without fail : the hollands admiral was as yet taken up with the transportation of the rest of the swedish forces , for schonen , and it was ●oped , that all se●land would be very suddenly cleared of all the swedes . letter ; from riga intimate , that in the city of muscovia there happened a sudden and unexpected fire , which consumed about houses . the victory obtained by the poles against the muscovites is confirmed from man places , and reported to the best advantage on the polish side . i● is said , that at berge in norway , there are likewise ( through carelesness ) . houses , burne down to the ground . from dalmatia , june . although the turks did fately leave this country , under pretence that they were fôrced to retire themselves for the maintenance of their mahomet , which gave us some hope that we should be rid of these troublesome guests ; yet now we find ourselves quite deceived , in regard the turks have not onely faced about , and with an addition of . men , above their former number , as well horse as foot , over run this whole country without opposition , but dare also to venture an approach to the fortified places and cities of zara , sebenico , and spal●●ro , putting not onely to the sword all they met with , but destroying all houses and villages with fire , with these threats , that their ordnances and artillery is suddenly to follow after them , which when come , they intend to imploy to reduce these fortified cities . but they being well provided against all hostile attempts with men ammunition and victuals , they need not in the least ●ear the menaces of the turks , however we must expect with patience , what attempts they shall make against us . vienna june . this day was seven-night , his imperial majesty arrived safely at g●ath , with his whole court , and was received by some thousands of horse and foot of the chief of that country , all accourred in brave liveries , many hundreds of canons being discharged at his majesties entrance , and magnificent arches o● triumph erected ; there were also most ●●re flieworks , and artificial conduits prepared , out of which clacer and whitewine ran in abundance . the duke of m●●●n met his imperial majesty some leagues off , and accompanied him at his entrance . grath , july . yesterday the ceremonies of doing homage to his imperial majesty , were performed with the usual solempnities in this place ; but his majesty hath not been able to appear in publique with the states of the country by reason of continual rains , whether or no his majesty will inust on his journey towards carinthia and craine , is as yet undetermined . it seemeth the resolution thereof doth depend on the event of the present hungarian tranfactions . since the imperial general de souches passed the river of theies , and advanced nearer the turks , they are retreated . rome , june . the mayor of majorca signeur raphael della grossiera , years of age , hath lately been elected in the place of the deceased great-master of malta . the differences betwixt the vice roy of naples , and the arch-bishop of that place , cardinal filomarini , are composed by the indeavours of the spanish ambassadour here resident , whom the pope hath given audience . but the vicar of the archbishop , who laid the excommunication on the said vice-roy against the cardinals consent , is to be deposed . presburg in hungaria , july . i am informed from cascha● of the . instant , that ours have put a garrison into k●llo , prince barchai giveth out , that he cannot surrender sacmar , except he should thereby expose his native country to eminent danger and utter ruine . the turks are no wayes inclined to subject that place to the emperour . the grand vizier of buda hath been accused at the ottoman court , whence having lately received a halter ( the accustomed present for offenders ) he now endeavoureth to save himself by flight . the princess ragotzky is now at patack , where the count ladislaus ragotzky , with many noblemen and ladies , give her their attendance , they labour also to have provision made for the forces of his imperial majesty , which she condescends unto . advertisements of books newly printed and published . ☞ the fourth volume of clelia , that excellent romance . written by monsieur de scudery . sold by humphrey moseley at the princes arms in st. pauls churchyard , and tho : d●ing at the george in fleetstreet , near st. dunstans church . a congratulatory poem on the miraculous and glorious return of charls the second . by alexander broom . god save the king ; or a sermon of thanksgiving , for his majesties happy return to his throne . by william walwyn , b. d. and sometimes fellow of st. johns colledge of oxon. jews in america , or , additional probabilities , that those indians are judaical . by tho. thorowgood , s. t. b. one who subscribed the vindication suffered by the engagement , never addressed to any of the usurping powers . there is promised to it , an accurate discourse of mr. elliot in new england , touching the origination of those nations . {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . or , the true pourtraiture of his sacred majesty charls the second . in three books ; beginning from his birth , . unto this present year , . wherein is interwoven a compleat history of the high born dukes of york and glocester . by r. f. esq an eye-witness . all four sold by henry broom at the gun in ivy-lane . a brief introduction to the skill of musick . the third edition enlarged . sold by john playford at his shop in the inner temple-gate . advertisements . july . . stoln from mr. edward sandford of nortonmandile in the county of essex , a white gelding , between fifteen and sixteen hands high , about eleven years of age , the hair off upon all four feet , just above the hoof , a little sweld upon the left leg behinde . if any can bring tidings thereof to mr. henry johnson chyrurgeon , in aldersgate-street , or to the owner at his house in nortonmanlile aforesaid , they shall be well rewarded for their pains . most excellent and approved dentrifices to secur and cleanse the teeth , making them white as ivory , preserves from the toothach ; so that being constantly used , the parties using it , are never troubled with the toothach : it fastens the teeth , sweetens the breath , and preserves the gums and mouth from cankers and imposthumes ; and being beaten to powder , and drunk in wine , or any other drink , is a good remedy for any flux or lask . invented and made by robert turner , the onely author of them , and are onely to be had at the house of thomas rookes , stationer , at the holy lamb at the east-end of st. pauls church , near the school , in sealed papers . because 't is likely you 'l have some false report of a mutiny of the prisoners in norwich the . of july last , be pleased to take this relation from one who was present . according to the custom of the sheriffs court in norwich , sheriff lawrence sent for some prisoners over to answer to actions . the prisoners entred a combination , abused the jaylor , rescue their fellows : ( pretending 'twas a custom against law ) declaring they would make it a free goale : the sheriff goes himself , and seeing no reason or fair means would prevail , ( and his partner sheriff wise being absent then at london , goes to mr. mayor and the magistrates , complains of a mutiny and rio , ( hoping by that means to reduce them , or have a more firm ground to use rigour , if need should be . ) the magistrates not very willing to meddle , being a business more proper to the sheriffs ; yet at length they send for four of the chief : their answer is , they will not come , nor be trepann'd by mr. mayor . the sheriff is required to go himself for them ; which he doth , but orders privately some files of musquettiers to fall in close after him . those four , with some other , betake themselves to a strong vault , and grow resolute : but at length the prisoners propound , to draw off the souldiers , and refer their main point to counsel , and if law , they would submit . the souldiers thought that demand so reasonable , as they scrupled to assist , and became intercessors ; whereupon it was agreed : there were also some other desperate parties of prisoners in other rooms , the sheriff informs the mayor and court ( then sitting ) what was done ; the counsel determines against the prisoners , but they fall from their promise of appearing to answer . ) the sheriff propounds then to return and fall on them , and either fire upon them with powder and small shot , or else ( rather ) to smother them out with wet hay : this the magistrates would not approve , but wave it at present . some two or three days after , the prisoners fearing new matters against them , grew high , secure the jaylor , and take away the keys ; the sheriff forthwith requires aid of the citizens , but most of them slipt away : but with some few , and part of a band of souldiers , resolve ( after proclamation ) to break open the prison door , and at the same time scale two garden walls on the back side of the prison ; but the mayor and justices coming in the mean while , after some mutual messages , and promise of favour to their chief captain ( one godfrey , ) he opens the prison door , and comes forth ; whereupon the rest yeelded . the reader may take notice , that after several mature debates concerning this summer assizes , his majesty was graciously pleased to set forth a proclamation the of this instant july , wherein , out of his princely care that his loving subjects may have timely notice of the alterations of the dayes , hath declared the several prefixions given in by his majesties justices for holding the assizes in the several circuits , as hereafter follow ; viz. surrey , monday the third of september , at kingston upon thames . sussex , friday the seventh of september , at east-greenstead . kent , tuesday the eleventh of september , at maidstone . essex , monday the seventeenth of september , at chelmsford . hertford , friday the one and twentieth of september , at hertford . bucks , thursday the eigh●h of august , at alisbury . bedford , monday the third of september , at the town of bedford . huntingdon , wednesday the fifth of sept. at the town of huntingdon . cambridg , thursday the ●ixth of september , at the castle of cambridg . suffolk , monday the tenth of september , at bury st. edmonds . norfolk , saturday the fifteenth of september , at the castle of norwich . city of norwich , the same day at the new-hall of the city of norwich . berks , tuesday the fourth of september , at reading . oxon , friday the seventh of september , at oxford . glocester , wednesday the twelfth of september , at glocester . city of glocester . the same day at the city of glocester . monmouth , monday the seventeenth of september , at monmouth . hereford , thursday the twentieth of september , at hereford . worcester , tuesday the five and twentieth of september , at worcester . city of worcester , the same day at the city of worcester . salop , friday the eight and twentieth of september , at bridgnorth . stafford , wednesday the third of october , at stafford . lancaster , thursday the thirtieth of august , at lancaster . westmerland , thursday the sixth of september , at appleby . cumberland , monday the tenth of september , at carlisle . northumberland , friday the fourteenth of september , at the castle of newcastle upon tine . newcastle upon tine , the same day at the guild-hall of the same town . durham , tuesday the eighteenth of september , at durham . york monday the four and twentieth of septemb. at the castle of york . york city , the same day at the guild-hall of the same city . southampton , monday the third of september , at the castle of winchester . wilts , wednesday the fifth of september , at new salisbury . dorset , monday the tenth of september , at dorchester . city of exeter , thursday the thirteenth of september , at the guild-hall of the city of exeter . devon , the same day at the castle of exeter . cornwal , wednesday the fifteenth of september , at lanceston . somerset , tuesday the fifth and twentieth of sept. at the city of bath . city of bristol , saturday the nine and twentieth of september , at the guild-hall of the city of bristol . northampton , tuesday the fourth of september , at the castle of northampton . rutland , friday the seventh of september , at okeham . lincoln , monday the tenth of september , at the castle of lincoln . city of lincoln , the same day at the city of lincoln . nottingham , saturday the fifteenth of september , at nottingham . town of nottingham , the same day at the town of nottingham . derby , tuesday the eighteenth of september , at derby . leicester , friday the one and twentieth of september , at leicester . town of leicester , the same day at the town of leicester . city of coventry , monday the four and twentieth of september , at the city of coventry . warwick , tuesday the five and twentieth of september , at warwick . july . this day the borough of plymouth , as an expression of their unfeighned joy for his majesties happy restauration , presented by the hands of the right honourable sir william morris , one of his majesties principal secretaries of state , and governor of plymouth , serjeant maynard recorder , edm. vowell , sam. trellany esquires , and timothy alsop alderman , an honorable present of plate , which for the largeness of the pieces , and curiosity of the work , was a noble present , and was received very graciously by his majesty : amongst the rest was a fountain carved with rare art and curious figures , out of which perfumed water was cast up twenty foot high , and had at the top thereof a curious perfuming box , which at the same time issued forth perfumed fire . his majesty , with several persons of honour , was pleased to entertain himself with the sight of it . at the same time the city of exeter , by the said sir william morris , tho. bampfied esq recorder , simon snow alderman , and thomas westlake town-clark , as a pledge of their congratulation of his blessed restauration , and an earnest of their hearty affections , did present his majesty with several parcels of rich plate to a very considerable value for the mass thereof . all the persons of both corporations had the honour of his majesties hand . serjeant maynard having declared the affection of the said city and borough in a most elegant pithy speech , to which his majesty manifested a particular application , the serjeant being better heard here then when he forced his entrance into the house of commons ( after two moneths seclusion ) when those horrid regicides fell upon that bloody debate , where the serjeant by cromwel was divers times demanded to the bar , as unable to bear the strength and force of the serjeants arguments , when he pleaded so admirally for the life of the king . july . . this day , some of the clergy of the county of lincoln , in the name of the rest , being brought into the royal presence by the earl of manchester , presented an address to the kings most excellent majesty , which his majesty was graciously pleased to accept with several expressions of favour to the presenters , giving them also the honour to kiss his hand . to the kings most excellent majesty . the most humble address of the ministers in the county of lincoln . most dread soveraign , among all the great calamities which god most justly for our sins hath brought upon us , since the first commencing of our national distractions , none have made so deep impressions of real sorrow upon our hearts , as the barbarous inhumanity acted upon your royal father of blessed memory , by certain wicked and deceitfull men : the remembrance of which , as it doth renew our utmost abhorrency of the act , so of all those jesuitical principles , which under any pretence whatsoever , have any tendency to the deposing , and much more the murder of kings . after the loss of the best deserving king the world could then boast of , which was attended with the voice of blasphemy uttered by our enemies against the true religion , because some who did profess it , had stained her beauty with their bloody hands . gall was added to our wormewood by the forced exile of your majesty , during whose absence abroad , we could hardly think our selves to be at home . but god who comforteth those who are cast down , gave us hope in the wonderfull preservation of your majesty at worcester , yea many supplications made for you by your faithfull people , and establishment of your royal heart with his grace , to resist and overcome a great crowde of temptations both on the right hand and on the left , by holding fast the true ancient , catholique and apostolical faith once delivered unto the saints . these things were to us as the dawning of the day of salvation , which god after a darke night of confusion , hath now ( not by an ordinary working of providence ) caused to shine upon us . and we have cause to believe that he who hath subdued the power of the enemy , will also subdue their hearts ; that as your majesties return hath been accompanied with the cordial desire and joy of the most of your subjects ; so your reign will be with the great love and full satisfaction of all . and this our confidence is more increased by your majesties gracious , charitable and healing declaration of the first of may , and your early proclamation issued against vicious , debauched and prophane persons . for which , as we are always bound to praise god , so we do with all humble thankfulness , acknowledg your majesties special grace and princely favor . and whatsoever our earnest prayers to god , exhortations to our hearers , and dutifull subjection may possibly contribute to the happiness of your sacred person and government ; we shall with all alacrity and faithfulness perform , beseeching him by whom kings reign , to encrease your graces , preserve your health , prolong your days , and establish the crown upon your head . it was presented by the hands of the reverend and most learned doctor saunderson his majesties professor of divinity at oxon , accompanied with that worthy gentleman sir thomas meeres , and several of the orthodox and loyal clergy , viz. mr. wil. lincolne . mr. edw. dixe . mr. cha. woodward . mr. geo. cuthbert . mr. joh. coope . mr. joh. merryweather . mr. edw. ask●w . mr. edw. boteler . mr. joh. nailoe . mr. jeremy vasin . mr. will. dale . mr. robert alington . mr. hen. vaughan . mr andrew arnold . mr. tho. tro●t , &c. and about . more , whom ( onely for brevities sake ) we omit . the gentlemen of the artillery company , having appointed yesterday ( the . of july ) for an extraordinary exercise of arms in the artillery ground , his h●ghness the duke of york ( their commander in chief ) having notice thereof , came thither about four of the clock in the afternoon , and first passing through the front of the body ( who were four hundred compleatly habited ) to a tent prepared for his highness , he they on foot marched to the head of them , where that most valiant and most learned john lord lucas ( after an elegant short speech on his knees to his highness ) presented him with the leading-staff of the company , whereupon the drums beat , with a very loud acclamation of the gentlemen in arms . after silence was commanded , his highness was pleased to declare , how willingly he accepted of their offer , and would maintain all their priviledges ; then ( throwing off his cloak ) he commanded them to march , himself on foot before them ; and having led them about the ground , and drawn them up , he went to the tent door , where he sate whilest the company marched by , pleased to see such a gallant company . after that , they divided into two bodies , the one commanded by the lord lucas , and the other by major general sir edward massey ; the great guns playing , they immediately fell to skirmish , first by forlorne , afterwards in several figures . at his highness departure , several volleys were given . after his departure , the bodies being joyned , the lord lucas acquainted them , that a gentleman , a member and well-wisher of the company , had presented to them a silver partizan ; for which ( in the name and behalf of all ) his lordship gave the donor thanks . july , . this day joseph payne esq major of the city and county of the city of norwich , and thomas rant , and william barneham , esquires , members of parliament for the said city ; christopher jay esq alderman thomas wise , one of the sheriffs , thomas johnson , alderman , francis norris , robert bendish , gent. and thomas baleston , town clerk , and divers other citizens of the said city , were brought into the presence of his majesty , by the lo●d howard and sir horatio townsend , accompanied with sir john holland , sir philip woodhouse , sir ralph hare , and sir william doyley , with divers other esquires and gentlemen in the county of norfolk ; where the major , and the rest of the citizens , presented his majesty with the resignation of the fee-farm rents of the said city , under the common seal of the said city , amounting to one hundred thirty and two pounds eighteen shillings and three pence yearly , and one thousand pounds in gold , as a testimony of their thankfulness to god for his majesties safe return to the government of his kingdom , and of their loyalty and faithfulness to him . and his majesty gave them a gracious reception , and was pleased to confer the honor of knighthood upon the said thomas rant and joseph payne , and gave the honor of his hand to all that company ; and promised his constant favor and protection to the said city . since the last , col. cooke ( who formerly kept the office of treasurers-remembrancer of the exchequer ) is come under the black rod ; but we forbear to say any thing of him , or any , who willingly surrender themselves . we are daily asked what 's done in scotland , by some who are troubled , that all is at quiet , and because it is so , themselves sweat to beget pretty tales of the presbytery , covenanters , &c. as if there were no difference betwixt . and . but twenty years will not make some men wiser . you ( ever for their sakes ) we will say and speak truth , that his majesty hath given admittance and audiance to those personages , and others from scotland , who came from court highly satisfied with admiration of his majesties wisdom , justice , and affection to his people . and if you hear any speak otherwise , know them so such as wish it so , because it is faelse : they take liberty to talk , but those that scribble or print it , ere long may repent . london , printed by j : macock , and tho. newcomb , . a proclamation for publishing the peace between his majesty and the states-general of the vnited netherlands. england and wales. sovereign ( - : charles ii) approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). b wing c estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. b ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a proclamation for publishing the peace between his majesty and the states-general of the vnited netherlands. england and wales. sovereign ( - : charles ii) charles ii, king of england, - . sheet ([ ] p.) printed by evan tyler, printer to the kings most excellent majesty, edinbvrgh : . caption title. royal arms at head of text; initial letter. printed in black letter. dated at end: given at our court at whitehall, the twenty fourth day of august, one thousand six hundred and sixty seven, and of our reign the nineteenth year. reproduction of the original in the national library of scotland. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng treaty of breda ( ). anglo-dutch war, - -- treaties -- sources. great britain -- politics and government -- - -- sources. great britain -- foreign relations -- netherlands -- early works to . netherlands -- foreign relations -- great britain -- early works to . - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion c r honi soit qvi mal y pense royal blazon or coat of arms a proclamation , for publishing the peace between his majesty and the states-general of the vnited netherlands . charles r. whereas a peace hath been treated and concluded at breda , betwixt his majesty and the states-general of the united netherlands , and the ratifications thereof exchanged , and publication thereof there made the fourteenth of this instant august : in conformity whereunto , his majesty hath thought fit hereby to command , that the same be published throughout all his majesties dominions . and his majesty doth declare , that all ships or other moveable goods whatsoever , which shall appear to be taken from the subjects of the said states-general , after the twenty sixth day of this instant august , in the brittish and north seas ; after the twenty fourth day of september next ensuing , from the mouth of the channel , to the cape st. vincent ; after the twenty second day of october next ensuing , on the other side of the said cape , to the equinoctial line , aswell in the ocean and mediterranean sea , as elsewhere ; and lastly , after the fourteenth day of april , one thousand six hundred and sixty eight , on the other side of the aforesaid line , throughout the whole world , without any exception or distinction of time or place , or without any form of process ; shall immediatly and without damage , be restored to the owners , according to the said treaty . and hereof his majesty willeth and commandeth all his subjects to take notice , and to conform themselves thereunto . given at our court at whitehall , the twenty fourth day of august , one thousand six hundred and sixty seven , and of our reign the nineteenth year . edinbvrgh , printed by evan tyler , printer to the kings most excellent majesty , . a lecture held forth at the calves-head feast before a society of olivarians & round-heads, at the white l---n in cornhill, on the thirtieth of january, / in contempt of the martyrdom of king charles i / by dan. bergice. bergice, dan. approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing b b estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a lecture held forth at the calves-head feast before a society of olivarians & round-heads, at the white l---n in cornhill, on the thirtieth of january, / in contempt of the martyrdom of king charles i / by dan. bergice. bergice, dan. p. printed for c.g., london : . reproduction of original in the huntington library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng roundheads -- controversial literature. great britain -- politics and government -- - . - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - judith siefring sampled and proofread - judith siefring text and markup reviewed and edited - pfs batch review (qc) and xml conversion a lecture held forth at the calves-head feast before a society of olivarians & round-heads , at the white l — n in cornhill , on the thirtieth of january , / . in contempt of the martyrdom of king charles i. by dan. bergice . london , printed for c. g. . a lecture held forth at the calves-head feast , &c. in the thirteenth spoke of a cart-wheel you shall find these words written , calves-head and bacon . this is the day ( my beloved ) on which we annually sunder our selves together , to triumph in the conquest we this day made over him that exalted himself to dethrone us the chosen of the world : and since nothing is esteem'd more fit to rub up your treacherous memories , than the representation of the thing signified . i have therefore thought fit ( my brethren ) to insist upon these words , and rattle in your ears ( even as a company of drums do at the window of a new married couple ) my most secret cogitations concerning the premises . this calves head is a hieroglifick , or secret representation of a thing , and here it represents that of its own likeness , viz. a head. now you are not ignorant , i am sure , that a thing without a head looks simply . i have sometimes been told that my discourse has had neither head nor tail ; well what then , it has had the more guts and heart , and a swinging fat carcass . but here , contrary to my former custom , i have only chose the head , as thinking it the most noble part , being fill'd with brains , my beloved ; yea these very brains being made pallatable with the vinegar of affliction , may whet the stomachs of our conscience , and beget us an appetite to , and longing after holy things ; this is the true and holy appetite , and not as some of us do , to long for a harlot , who will long for treats and mony , and at last bring you the crinkums , whether you long for them or no ; you may long to be cur'd , but you may chance to go to your long home first . . there is a vexatious longing , when new married women humbly conceive in winter , they are very subject to long for summer fruit , altogether impossible to come at , and therefore they long for it , on purpose to put their husbands to charge , and their friends to trouble : but i say let them eat nothing but calves head and bacon . . as there are longings , so there are loathings , that is , when satan has clog'd the stomach of the inward man , with fat dabs and greasie bits of pleasure and voluptuousness , that he can digest nothing that is good , but the lean calves head of meekness , eaten with the bacon of understanding , will never rise in the stomach and cause pukeings , which teeming girls are troubled with . . there is a very bad loathing when man and wife loath one anothers conversation ; nothing follows but care and distraction , sorrow and woe , trouble and torment , anguish and pain , perpetual slavery , the devil upon two sticks , the house goes out o' th' windows , and the whole family is damn'd as black as butter-milk : now my advice to such is , that they would agree civilly , be quiet for the future , and sit down lovingly like neighbors children , and make themselves merry with a calves head and bacon . . there is a loathing of all that 's good , and that is none of the best . . there is a loathing and longing joyn'd together , that is , when a man loaths to come to a meeting , and longs to go to a bawdy-house ; but my friends , satan has a great share in such a man , therefore i leave him , by him to be buffetted , not thinking him worthy to come to our feast of calves head and bacon . . when a man loaths monarchy , and longs for a common-wealth , that we may govern higgledy piggledy all over our own heads : this is that which i recommend to you . brethren , this calves-head feast , as the world calls it , is held amongst us , the chosen of israel , for a memorandum , and to congratulate each other for that blessed action in lopping off the head of charles i. after we had been long soused in the powdering-tub of affliction , when our hearts failed us , and our souls were filled with emptiness : let us rejoyce in this , that our actions are recorded , and are as a living monument to eternize our names for so brave ( tho' counted an impious ) action . i say , let us be glad in this ( even as a sea-man's wife is , when her husband is gone a two years voyage ) let us not quench the spirit , but with loud and repeated huzza's of inward praises of the renowned oliver , let us celebrate this day , let us sing old rose and burn the bellows , triumphing over our dearly beloved calves head and bacon . when i look upon the lively emblem of our sorrows this calves head , it makes me melt into rapture ( even as a bride on the marriage night ) not for any remorse of conscience which i feel dispersed from the lower deck of my soul , but for thoughts of past actions , i bless that divine fabrick oliver , who knock'd down the church like an oxe , cut the throat of monarchy like a hog , and took off the head of his prince like a calf , and at last his horns were exalted above the rest of his brethren . this i say causes my soul to rejoyce , and is a very great support to my inward man ; i suppose you are sensible that i know on which side my bread is butter'd , i can see as far into a mill-stone as another can put his finger , for what can be ill that is guided by the inward man ? something has some savor , a bit in the morning is better than nothing all day , and whoever says that calves head and bacon is not good prog , they lye beloved ; yea , they lye abominably . but what says the world of me : why truly the sons of belial have been very busie , and used my name as a cloak for , and author of preposterous holding forth ; but let that pass , i am what i am , a real lover of calves head and bacon . now my beloved , the text being short , and not consisting of many words , i shall endeavor to divide it by letters , and explain it according to art , calves head and bacon : c cromwel , a always , l loved , v very much , e extempory prayer , s such , h heavenly-mindedness , e evermore , a attended that , d diligent hero. a accordingly he , n never , d durst , b behold , a any loyal thing , c committed o on his part , n nor no bodies else . thus , my beloved , i have divided the text , which put together make a sentence , and the sentence expounded right would fill a volum , so that for ought i can see the text is very proper , and to the unlearned intricate , but to me as plain as a pike staff. from which words we may draw these inferences : . that as that holy champion lov'd extempory prayer , it infers that he abhor'd a form which should teach us to be ware of a form — a form ! did i say out upon 't , a form ! no , no , it is that rotten form that upholds a form of government contrary to our principles . . that a commonwealth is the only easie method for us sinful men , and that we should not so much as harbor a contrary thought , for it is that government which is most agreeable to calves head and bacon . government ( my friends ) should be like ignis fatuus , or will in a whisp , that is , without a head ; but then you 'll say , how should the tail be guided ? oh no matter , as we would have no head , so we would have no tail only a body , and let every man rule ; this was the method in oliver's time : tho this i say too , that a head is necessary to every thing else , i am head of this congregation of calves heads , every one of you are the heads of your families , unless your wives wear the breeches ; and it is as necessary to have a head to a bed , as to have a handle to a pipkin , which cannot be managed without . . the head is commonly answerable to the body of a thing , but what is one head to the body of a nation . this , my beloved , i know not , no nor a horse that has a bigger head than i. my beloved , a calves head is an excellent thing ; in the first place it serves for us to triumph over . . the brains whet our stomachs ; and . the meat fills them , and the bones serve our dogs for a dinner ; so that in a calves head nothing is lost but what goes away in boyling , and that makes broth too : the ears show us that we ought to hear the word with all diligence ; the eyes declare that we should discern between this and that , and see what 's what : the nose may serve to shew us , that we ought to smell where abouts we are , and follow that which is good by the scent , even as a cat does a mouse , or a blood-hound one that has rob'd a hen-roost : the tongue may tell or shew us , that we ought to bleat or roar abroad sound doctrine in the ears of the sleepy world , even as a calf does just before milking-time : the teeth shew us , that we should bite and pinch our adversaries in the bud , even as a monky does a louse , or a rigid lawyer a profuse client ; but since it is so that all lawyers be k — ves , the best council that i can give you , is to make your pudding - bag widest at the top . i have now done with the calves head and come to the bacon , as a thing inseparable from it : bacon is as much as to say hogs-flesh in a smoaky sense ; now what piece is most proper to boyl with the head of a calf , has been much disputed amongst the learned , tho i am clearly for the tail chine , that the head and tail may go together : bacon is fat , which shows us that we should thrive , and grow fat in good works , and hearing of the word : the lean may inform us , that in all our fat pleasures we should here and there mix a stripe of lean afflictions ; or as one of our learned brothers will have it , it teaches us to eat bread with fat bacon , and not like cats and dogs that always eat meat alone : the rinde of the bacon may shew us , that we should be tough and hardy in all persecutions and troubles , and defend us from violent blows of affliction by the bristles of our faith ; let us suffer our selves to be ring'd , viz. chain'd , and put into a stye with swine , that is , into a prison with vagabonds , and there fatted ( i. e. ) eat bread and water , be brought out and have our throats cut ( i. e. ) suffer even to death ; then shall we have the honor to be eaten with a calves head ( i. e. ) we shall be remember'd after death . this i speak with reference to the sire of the steward of this feast , that vessel of clay , who sate as judge , and was one of those fleet judges that condemn'd his prince to the fury of wood ( i. e. ) to loose his head on a scaffold . this very place where we yearly meet , i have sanctified to you , the sign is an emblem of the lyon of the tribe of judah , tho i never heard what colour that lyon was , yet 't is very probable it was white , as this is . think not , o beloved , that i speak this of my self , or by the instigation of the evil one , but from the dictates of the inward man , who has reveal'd these things to me , in behalf of a weak and unbelieving sister here present ; yet now i talk of a sister , methinks the outward man gets ground , and i feel him swell and grow stiff , much resembling the horn of antichrist , methinks he thrusts forth his gills and shows his nose above water . yet , my beloved , say not antichrist , for he has his share in the castoffs of the world , and not in us the chosen people ; i rather think this outward insurrection to proceed from an inward cause , heated and raised up by an holy flame of fraternal love , when my bowels yearned towards her my sister ; some advise to take a glass of tent , and a new-laid egg : now , my beloved , this i learn'd of the children of darkness , for they are grown more wise in their generation than the children of light : but after all , there is nothing like a calves head and bacon : let us beg for something above , to drop down upon this little willow ( i. e. ) our church , that in time it may grow up to be a sturdy oak , to be saw'd out into deal boards to wainscot the walls of the new-jerusalem . yet let the world do as they will , i say still that the head of a calf , and the tail-chine of a hog is good victuals . beloved , there are eight things which are an abomination to mine eyes , a surplice , a common-prayer-book , a gown and cassock , a young handsome girl without a husband , or married to an old doating fool ; an old woman married to a young man ; a sister married to one of the world , or a feast without calves head and bacon . there is likewise five things past my finding out , the way of a brother and sister in the midst of a holy flame ; the way of a constable nabbing a bully ; the way of a harlot cheating a cully ; the way of a woman when her husband is out of town ; and the way of a pick-pocket in a fair ; these things are wonderful in mine eyes . i have often compared the wicked with us , and find as much difference , as between an apple and a nut ; they are just like blind bayard , that sees no better in the light than in the dark , rambles about , and at last tumbles headlong into a deep ditch , where he is utterly lost for ever and ever : let your eyes be set towards your resting place , those sweet elizium groves , where gentle breeses of whispering gales shall lull you into extasies in the brinks of heavenly springs , where silver streams run murmuring along , tattleing in charming notes ; this is the place prepar'd for us where we shall have no more occasion for calves head and bacon . leave the world to the children of it , and steer your course after me , with weeping eyes , even as a child that cries after the nipple . i desire you to be mindful of the main chance , observe the dictates of the inward man , be satisfied with your estates and content with such things as you have , even as a cat that lyes snug in a warm ash-heap , when all the family is in bed , thinking no body harm . oh you that hear me this day , be mindful , weep , howl , and throw your snot about , and be sorry for your offences : when i consider the stubbornness of your necks , hardness of your hearts , and great unbelief , it makes me almost resolve to leave you to be buffetted by the evil one , and seek out some other flock that will obey my hallow , and will know my dog : here is the father against the son , and the son against the father ; the mother against the daughter , and she against the maid ; some for peter , some for paul , and the most for you don't know who : you are head-strong , perverse and unweily , rugged , ruffian-like , base and degenerate , ill-natur'd and cruel , hard-hearted , dubious , nay incredulous and unchristian , and for that reason i could find in my heart to leave you , for indeed what should i stay with you for ? yet now i think on 't i won't , perhaps you may grow better when you have fill'd your bellies with calves head and bacon . nevertheless endeavor to reform your selves , watch and pray , be dutiful to your superiors , affable to your inferiors ; love your neighbor's wife as you love him ; and love him as you love your self ; let all things be done in order , in ample manner , in the form of a cheese-cake ; let your words be season'd with salt and a very little pepper : i intreat this of you for my own sake , that it may not be said of me when i am gone , i shear'd your fleeces , yet left you uncur'd of the scab . i have been as concise as i could in my discourse , i shall add no more till the next year , only this , that i would have you mindful to get dinner on the table , for now my stomach serves for calves head and bacon . finis . an information, and also advice to the armie on both parts, and this present committee of safety newly erected, and to the late parliament and also to all people who seeks peace and righteousness, and are for the good old cause, so much talked on. this is presented by him who stands off, and from all self-interests and parties, and wisheth that the wisdom of god may guide you all, and division and destruction may cease. by francis howgil. howgill, francis, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing h ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing h estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) an information, and also advice to the armie on both parts, and this present committee of safety newly erected, and to the late parliament and also to all people who seeks peace and righteousness, and are for the good old cause, so much talked on. this is presented by him who stands off, and from all self-interests and parties, and wisheth that the wisdom of god may guide you all, and division and destruction may cease. by francis howgil. howgill, francis, - . [ ], , [ ] p. [s.n.], london : printed in the year, . the first leaf is blank. tightly bound with slight loss of print. reproduction of the original in the british library. eng great britain -- politics and government -- - -- early works to . a r (wing h ). civilwar no an information, and also advice to the armie on both parts, and this present committee of safety newly erected, and to the late parliament; howgill, francis d the rate of defects per , words puts this text in the d category of texts with between and defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion an ●nformation , and also advice to the armie on both parts , and this present committee of safety newly erected , and to the late parliament ; and also ●o all people who seeks peace and righteousness , and are for the good old cause , so much talked on . ● is presented by him who stands off , and from all self-inte●●sts and parties , and wisheth that the wisdom of god may ●●ide you all , and division and destruction may cease . by francis howgil . london , printed in the year , . an information , and also advice to the army on both parts , and this present committee of safety , newly erected , and to the late parliament , &c. what , is there not a wise man among you , who seeks not himself , but the good of all , that you so blow the sparks on every hand , and exasperate the spirits on● of another , and rather are for strife , then for healing ? and would ye have the fire kindled to rise up in such a great flame , as both to destroy your selves , and many innocent people in the nation ? what , is every one seeking to gratifie his interests and party , and to satisfie his will ? and is there none that seeks that the will of god may be done in earth , among the sons of men , that god might once delight to do us good , and settle these nations in peace and freedom , as men , and as christians . . consider : hath not this been the end which hath been proposed by all good men , who have not sought themselves , but hath ventured all that this might be accomplished , which if it had been , or were , or could be attained unto , would be a perfect recompence and satisfaction of all , and to all , who have sought it in their heart , viz. freedom from oppression in their persons and estates , which hath not been by reason of the many wicked laws which have been imposed to satisfie the self-interests of some particular men , which did imbondage all other . secondly , liberty and freedom of conscience in the exercise of their consciences to christ , who is gods annointed , according to the manifestation of his light and spirit to them , unto whom , and before whom all must give an account , and be judged ; but this hath been hitherto hindred by them who have re-assumed a power , and have usurped authority to themselves , and have made laws to the imbondaging of the dear and precious people of god in these nations , though you have been talking of the good old cause , these are not revocated and overturned , by which very many suffers to this day . . it is not names , titles , denominations , and words that we look after , and which will effect the thing proposed , which while some have been contending after , have let go the thing in hand , and have lost it , and so sets up a particular interest , and it clothes it self with the words and fair speeches , but nothing is brought forth , and so by fair speeches and flatteries the people have been deceived and cheated . . should not all rule and authority be for the good and safety 〈◊〉 ●nd well-being of a nation or common-wealth , and not to set up an arbitrary power in their own wills , to rule in tyranny and oppression , to satisfie their own lusts , to the imbondaging of all the people ? and when any power or authority have deviated or swerved from this , they became no other but tyrants and oppressors ; for the thing intended being lost , the ruler or rulers rule no more for god , neither he account them such , ( whatsoever they may account themselves ) and therefore hath raised another thing to overthrow that power , as hath been evident in this nation , in these many revolutions , although that power which was first in being , which was ordained for the end aforesaid , being swerved from the thing , might say to that which rose up against it , that it was rebellion and treason , and declare it to be such in the ears of the people , as hath been done by ●ivers , which is in the memory of most , so that i need not instance ; when i say it was not so accounted by the lord , and he hath given testimony of this by the overthrowing the former , and raising up the latter , and hath stood by it , while it stood in his counsel ; as for one instance , the long-parliament against the late king , which in mans account could be looked upon to be no other then rebellion , yet god gave a signal testimony to the one , while they stood in the power of god , and against the other . . was not israel governed sometime by judges , sometimes by the elders , and sometime by kings ? and while they stood in the counsel of the lord , and the people hearkned to them , was not the lord among them , and sometime raised up unlikely means , as to mans wisdom ; as david a shepherds boy , and gideon a thresher , and he was made a judge , and a redeemer of israel out of their slavery ; but mind this still , while they stood in gods equal counsel , which led to do equally to , and for the good of all , according to gods institution and appointment , then they were blessed ; but when either ruler , governor , or governors went from the power of the lord , in which they onely had authority to rule , and to do justly ; but when they went from that , and became corrupt in their minds , and hearts , and blindness came upon them , as it is said , blindness happened to israel through their unbelief ; and what was the effect thereof ? the judges judged for rewards and gifts , the prophets prophesied for hire , and the pri●sts divined for money , and the people ●oved to have it so , and the end thereof was misery ; for god raised up another thing , and overthrew the judges , prophets , priests , and people ; the ancient and honourable that were the head , and the false prophets , which were the tail . is not the same blindness happened to england ? when will her rulers , judges , prophets , priests see their error ? is 〈◊〉 ever like to be a free nation , till all act freely for god , without imposing heavy burthens , and giving as much to one officer imployed in the publike service , as would serve twenty , and make so many of them too ? when will these things be done away , that every one may be approved and manifest , how be loves his nation , or how he seeks the good thereof , by laying out himself freely , and acting freely without so much chargeableness to the nation ; i do not mean the soldiery , but men imployed in civil affairs , and the ministry , who would be counted godly and painful , to publish freely , or else be silent . . the ancient courtiers having found so much ease and profit by the late king , turned all cavaliers , and cryed up the prerogative of the king , above law and equity , setting that aside wholly which all good government was intended for , as the safety of the people , and freedom from oppression , tyranny , and usurpation , and that none might be imbondaged in the worship of god ; but when he and his assistants sought to inthrall all , and imbondage all , both in civil and ecclesiastical things , as they were called ; the long-parliament and the people that aided them at that time , counted it no treason to oppose him , seeing the end was not answered which he should have satisfied ; and god desided the controversie i● overthrowing the one , and establishing the other for a season ; yet many are so blind to this day , that they judge the nation cannot be established in freedom without a king , as though such a name were essential onely to freedom , and without it could not be obtained ; but the judicious will see this ignorance so now many are so doting on the name of a parliament , as though it were essential , or the name to be the foundation of government , and cryes up the priviledge of parliament , as the former did prerogative , and would fight about a name in their heat and passion , and lose the thing intended , though they be the representative of the people to do good to the people , and not hurt ; they are accounted as good servants to god , and to them that elected them ; but if they would so soon as got together , set up a particular interest , which serves to the imbondaging of the whole , and then cry up their priviledge to do what they list ; then it is no rebellion in gods account , neither in the account of just men , to call them away , when they do not perform the thing intended ; but if they will not hearken to the cry of their masters ( the people ) but may be call them rebels or traytors if they should be turned out , because they have clothed themselves with the name of higher power , when alas they are gone from that in which their power , priviledge , and authority stood . . and this i have to say to that part of the army who stands so much upon the name of parliament , and would seem to oppose all the rest , whether army , or the people from whence their power did at first arise , when they accomplish not the end that they meet for , neither intended so to do , but to set up some , and make the rest always sufferers , if you should take part herein , and manage your weapons , for a sound or a name , or for something that may sute you , though damnifie many thousands ; it will not go well with you ; for god looketh not as man , neither judges he according to mans wisdom ; therefore be not rash nor hasty to shed blood upon this account , but take counsel in time ; lest an outstretched arm stop you in your way to your detriment and hurt , and you may repent too late ; it is not your declaring in words for the good old cause , neither your proclamations nor declarations in good words , neither taking god to witness that will satisfie the people , who have been , and are present sufferers ; we have had enough of that , from all the former asserters of liberty in words , but the thing is not done ; so be less in words , and more in action , and deeds for righteousness ; and though you may seemingly retort the sayings of this army in england upon them , how they received commissions from the parlament , and promised to be faithful to them , and did that they repented of that such things should get up to rule & have dominion , as was acted by the two late protectors , whom the parlament and you judged usurpers , and so you take advantage at this , to spread forth this to their reproach in the nation ; this is not brotherly done , neither is that spirit that will forgive , and suffer long , but is heady , though they did receive commissions , and promise to bee faithful , yet the end i believe was still premised by them , as to be servants to them , for the foresaid end , the good old cause : . freed as men from oppression . . as christians , from being imposed upon either by antient laws , or laws which hereafter might be made , which hindered the aforesaid cause and end , of all the travel , expence , and suffering in the nation , which they would never have done : therefore the army in putting a stop to that which did retard and draw back from that end aforesaid , in gods sight , and in the fight of all illuminated men , is no rebellion nor treachery . . and as for the long parlament by whom god did good things , and great things , in the overthrowing that power , which was deviated from the aforesaid end ; ( to wit ) the late king , yet the axe must not boast it self against him that hewed onely with it for a time to accomplish his end , and when he pleases take up another instrument , and let the first lie still . what they did , they had the approbation of god and good men ; yet they went not through with the work purposed and intended . and though they were called together in a time of straits , when that which had obstructed through flattery and ambition was taken away , yet still you who were the members of the old parlament remaining , were called together , for to help to accomplish the aforesaid end , and to carry on the good old cause ; but truly you sticked in the mire , and did not run chearfully , but had your ears open to them that could complement and flatter , and their business you would hear , and return them thanks ; but them who had been your dearest friends in your former straits , coming in all love and humility , and represented their sad suffe●●ng unto you , of their long imprisonment , and how ●bove twenty dear pretious men suffered till death in prison for that grand oppression of tythes , could not bee heard : and again , when a representation came unto you from many thousands , who were faithfull men to the common-wealth , and had alwaies been , it was laid by as waste paper , or as a thing of no validity and worth , when others received thanks from you in words , and a seeming approbation of things of fa● less importance . furthermore , certain who had been officers in the army in the nation , and in ireland this fourteen or fifteen 〈◊〉 , came to you to present the sufferings and grievan●es of that nation unto you , and in seven or eight weeks ●●me would neither hear nor regard their suit unto you , neither take notice of it , neither return an answer ; but when a company of greedy hireling priests came from leicestersh●re to sound their trumpet in the house , and to tell you they had not engaged with the rest of their brethren in cheshi●e and ●a●cashir● with george booth , they were immediately called in , and thanks returned , as though they had done some great service for the nation , that they joined not in the rebellion ; but them who were your real friends , called quakers , who gave you and the army intelligence about the late insurrection in cheshire , who were spoiled by the said rebells of their goods , and horses ( especially ) to a great value , and could never receive any satisfaction or incouragement from you : and above all things this evil you did ; when diverse representations of the sad sufferings of the people of this nation , from diverse parts thereof ; not onely from one sort of people , but all , except one , ( v●z . the presbyterians ) ●●stead of taking off the heavie yoke thereof , the oppression whereof hath reached heaven , even to the throne of god , and hee hath considered it , though you would not ; but in stead of removing of it , established it , for which he was wrath with you ; you have lost your crown , and hee hath laid you by , as men who would not accomplish his end , and let his people go free : and let me tell you , it was rashly and proudly done of you , after so many valiant officers , who had waded through a sea of troubles , though i shall not say , but they sought themselves too much , which i hope god will give them to see : and after they had subdued the insurrection in cheshir● , and had considered what might best conduce , for the welfare of the army , and for the nations good and safety , and to present it to you , desiring your concurrence therein ; and though they did send among their quarters for subscriptions , they knowing before hand except it carried some bulk , or at least seemed a matter of concernment , y●u would take less notice of it , that you should in your heat , and passion , being filled with jealousies , vote out these officers at their return from performing the faithful service to you and the nation , it was an unworthy gratification ; and to put in others less capable , onely to exalt your own power , and rather to draw back to bonda●e , then going forward to perfect the business a foresaid ; for these , and many more instances that i might lay before you , it was just with the lord to remove you , and not to prosper you , and to overturn you , because you stood not in his counsel , neither hearkened to them who would have wished you well , with whom gods counsel is , and it is just you are turned out ; and let me advise you , and despise not my counsel , for the counsel of the mighty hath sailed take councel at a shepherd , or a man of low degree , be you quiet , and seek not revenge , neither blow the sparks nor kindle heat in peoples minds , neither provoke the army to bloodshed ; but rather disswade them , and wait t● see what the lord will do , if he will raise up any to perfect that long desired and hoped for end , freedom , and liberty in the things that are just as men , and in the things o● god without imposition , and if you live to have yo● share among the people , in this it will be well ; and yo● 〈◊〉 〈◊〉 no cause to repent of being still and quiet , though you may have cause to repent of your rashness , and of the things before mentioned . . and you of the english army who were dissatisfied with the proceedings of the late parlament against you , 〈◊〉 wish there be not too much selfe in you in the thing , rather for your own advancement and particular interest , then that the good old cause , ( profest ) was not carried on by the parlament , according to your desire , and the peoples expectations . if self-interest was the cause , as it is to be feared there was so much of that , you will be crossed in your expectation ; for that is the thing , which hath obstructed the thing intended all along , since the thing was asserted , that will soon be made manifest ; and there remains a ground in your selves , which i believe will hinder the end proposed , which must be done away before you can do much for god , though you may profess and declare in words much , which may take with some for a while , yet it wil not satisfie long . i wish from my heart good to you all ; but there is something stands betwixt you and good things : you would , like the rest , please all men ; but that cannot bee ; stand to the good , and let your actions answer the witness of god in the worst . and you say in your declaration , you have an intention to take away tythes , and settle some way for a godly preaching ministry ; i say , they will need none of the states or commonwealths maintenance . and if you should take them away , and settle any thing by way of compulsion upon the people for any ministry , you leave us in bondage , and we must declare against that , as against tythes , and we cannot pay , neither the one , nor the other , for conscience sake : and you who are the committee of safety newly erected ; yea many of you have seen , or at least might have seen what hath hindred the end proposed ; you have a day of visitation , god will try all sorts of men , if any will be faithful to the end . therefore this i say to you , and the rest of the army ; throw down all those corrupt laws made about religion , mass-houses , clerks-wages , forced maintenance ; and meddle not with it , for that thing broke all parliaments and councils hitherto , and so will it do you , if you meddle with it ; leave all people free without imposition of any maintenance to any , or else you do nought ; but let every one be , and let every judgement maintain their own , and leave people free , as to the worship of god , only to christ who is head and ruler of his church , and lord over the conscience , and is his alone right , which if you shall not do , he will throw you down also : therefore let him have room and way , or else that which resisteth will be cut off : and this is gods word unyou all , take heed of gratifying any to the embondaging of others ; let tythes and forced maintenance go down , and if for the good of the nation or commonwealth , ( as in things civil ) all which a free heart will most readily and willingly assist you in what money you need for the armies pay , or otherwise for the good of the nation . stand not puzling about business not worth mentioning , no● st●●ving who shall be greatest , but remove the present opp●●ss●●n● , and that which is the cause thereof , and set no 〈◊〉 nor unrighteous men in place of authority ; satisfie the nations with deeds , words will not ; with things , and not with names that will not ; and it is not a king , a parliament , a protector , a councel , or senate we look at , will do the thing : neither people be ye wedded and glewed to names ; he that purposeth righteousness and equity in his heart , and walks after it , is that which god will bless and prosper ; for when kings , parliaments , and councels are gone from the power of god , they are for the thraldom of a nation , and not for its liberty ; but this i forewarn you , whatever you do , meddle not in the things of god , or about religion , let that alone , and you will more readily serve the necessity which the present affairs calls for , and the common , civil , and equal liberty of all men . oh that you had wisdom , and the counsel of the lord were with you ! how soon might things be established ▪ then would you do more in one day , then in ten , while you consult with your reasons and the old corrupt laws , many of which 〈…〉 e good for nought but the fire . thus i have in all faithfulness cleared my conscience ●nto you , as the lord presented things to me , and happy 〈…〉 e they that can receive them ; for in this i am not alone , ●or many thousands will bear testimony hereunto . so i rest 〈◊〉 the peace of god , which no man can hinder me of . subscribing my self a faithful friend to the common-wealth , and all the good people therein , francis howgil . the end . a sermon preach'd on the coronation day of k. charles i march , , in s. mary's in cambridge / by bishop brownrigg when he was vice-chancellor of the vniversity, for which he was cast into prison. brownrig, ralph, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing b estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a sermon preach'd on the coronation day of k. charles i march , , in s. mary's in cambridge / by bishop brownrigg when he was vice-chancellor of the vniversity, for which he was cast into prison. brownrig, ralph, - . p. printed by john williams ..., london : . reproduction of original in the union theological seminary library, new york. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng charles -- i, -- king of england, - -- sermons. sermons, english -- th century. great britain -- politics and government -- - -- sermons. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - judith siefring sampled and proofread - judith siefring text and markup reviewed and edited - pfs batch review (qc) and xml conversion a sermon preach'd on the coronation day of k. charles i. march . . in s. mary's in cambridge . by bishop brownrigg when he was vice-chancellor of the vniversity , for which he was cast into prison . london , printed for iohn williams at the crown in s. pauls churchyard . . haggai . . in that day , saith the lord of hosts , will i take thee , o zerubbabel my servant , the son of shealtiel , saith the lord , and will make thee as a signet ; for i have chosen thee saith the lord of hostes. this prophecy of haggai , for the time and date of it , was directed to the jewes soon after their captivity , and containeth a mixture and composition of expostulation and promises . the chiefest expostulation is for the peoples backwardnesse in building the temple . the israelites upon their return from bondage , fell on good husbandry , to set up their houses , to sow and plant , and to plough their ground ; they thought it yet time enough to settle upon the costly work of building the temple ; and indeed flesh and bloud would think this delay excusable , if not reasonable to get their own private wealth setled before they set upon the work of publick magnificency . but god looketh for the first service that his worship and glory should have the first preheminence . for me , saith the prophet , and then for thy selfe and thy child . noah's first care after his comming out of the ark , was to build an altar of thankfulnesse , which are the two first structures we read of in scripture : and it is observable , that god commanded him to build an ark ; but his own thankfulnesse sets him on the building of an altar : and this he doth presently ; he pleads not the preservation of store , or tarrying till there were increase of all things ; but rather takes of every creature , clean and unclean , as he had with him in the ark , and offereth . some count it for a cheek given to iacob for his backwardnesse , that god calleth to him to pay his vow , and to go up to the mountain to build an altar . god sendeth two prophets unto the israelites , haggai and malachi ; haggai reproves them for not building the temple ; malachi , because of the priests portion which was delivered for other uses . here , that the prophet haggai may the better stir them up , he useth gracious promises in his expostulations with them . . here is a promise of setling religion , and maintaining his publick worship , i will fill this house with glory , c. . v. . he would pitch his tabernacle among them , and make this place of his rest glorious . what promise can be more precious than this ? than for god to say , here will i dwell and have a delight in them . . after having setled religion and maintained it , he would make a fence to secure and preserve it : and that is the promise of peace ; in this place will i give peace , saith the lord of hosts . peace doth preserve religion , but war defaceth and ruineth it . the churches had rest and were edified , acts . to have ierusalem built in boysterous times was a sad prediction , dan. . they went but slowly forward with a sword in one hand and a trowel in the other . blowes will not build up , but blow down the church . when the temple was building , there was not the noise of any instrument to be heard ; but when it was a ruining , they brake down the carved worke thereof with axes and hammers . . he would blesse them with prosperity . peace and poverty are poor comfort : but to make peace in the borders , and to fill them with the flowre of wheat , these are high mercies . they are the ingredients that make up a compleat blessing . a nation blessed by god with piety , peace , and plenty may sing the song of the prophet isaiah of the vineyard . there is . turris religionis . . propugnaculum pietatis & securitatis . . torcularia abundantiae . here is one mercy encompassing and incircling another , bunches and clusters of blessings : not simple blessings , but the meeting and kisses of mercies . were we but our own carvers we would say , enough lord , thou hast richly loaded us with thy benefits , neither could we find room for esau's desire , hast thou not one blessing more , my father ? but even here god sends one thing to make up all compleat ; and that is , the blessing of magistracy and government . for it is not sufficient to have religion , but there must be defensor religionis : not only peace , but custos pacis : not only plenty , but anonae curator , without which neither peace , plenty , nor religion can continue long : and this , in the last place , viz. the setting up of the supream magistrate . this mercy is like the work of creation . when god had finished the world , and blessed all in it , he made man to be lord over all ; so god bringeth here zerubbabel to dress his garden , and to over-see his inheritance . here is piety , peace , and plenty , and all three supported by one sovereign authority . happy are the people that be in such a case . the text contains in it god's gracious intendment to zerubbabel for to put honour upon him . you may consider it under three notions . as under the notion . of prophecy . . of promise . . of a reward . the first was under the notion of a prophecy , acquainting him with the future events of the earth ; what should betide him and his people . it 's the priviledge of god's church and chosen ones to have the arcana imperii made known unto them , the successes of ages and generations , the risings and fallings of people and states ; god discloseth them unto his servants . he will not conceal from abraham his purpose of overthrowing sodom and gomorrah . ioseph is made acquainted with the future condition of aegypt . he telleth daniel of the beginnings and endings of all the great monarchies of the world. the great famine under claudius caesar , which none of the sages of the time knew of , was revealed to a poor prophet of his at ierusalem , who admonisheth the people of it . daniel the beloved prophet , and iohn the beloved disciple , did foreknow , and foretell the destinies of all generations ensuing : as his love was on them , so his care was for them to prepare them for future events . i told you these things ( saith our saviour ) that you might remember when they came , that i told you of them . this is the great end why god discloseth things future , that we might sit our selves for them . sudden surprisals are far more uncomfortable than expected events . things which are foretold teach us , that they are not the casualities of blind fortune , nor the violence of unreasonable men ; but the gracious dispensations of our god. as under the notion of a promise that doth betoken some good to zerubbabel . the jewes were now in a sad condition . their eyes might behold the miseries and ruines and poor reliques of church and state. it 's true , the tide was now turned , and they came out of captivity ; but things went so hard with them , such poor beginnings had their commonwealth , their neighbours maligning , and opposing their work , that zerubbabel might not despair of ever seeing the work finished , or himself and his people in their former condition ; for the upholding of his heart god sendeth him such promise that might not only support , but advance him forward with cheerfulness . in the poorest condition that can be the church of god is rich in promises ; and he is no poor man that hath rich men for his debtors , though he be destitute of present supplies , yet he hath bills in abundance ; who hath dispised the state of small things ? zerubbabel hath layd the foundation , and shall see the top-stone . under the notion of a reward assured unto zerubbabel for what he had done ; he had been zealous for god's temple and worship , and god doth not only accept of it , but reward him for it . honorantem me honorabo , he that will honour god , god will honour him . hath david a purpose to build god an house ? god requiteth his intentions , and saith , i will build thee a sure house . what comfort and confidence did this bring to nehemiah ! he contended with the elders and compelled them to bring tithes into the temple ; and then his heart breaks forth unto god , lord remember me for good : and remember david and all his troubles , his afflictions . what were those afflictions ? his toil , his pains , his trouble to uphold gods worship : his readiness not only to do good for the church , but to suffer for it . remember the afflictions of david ; and it followes ; the sure mercies of david shall be performed . the text is , a royal charter , sealed to zerubbabel , and in it a promise of future advancement . i know that the text is interpreted in a mystical sense concerning christ. and indeed luther's saying is true , that then we understand the prophets aright , when we find christ in them . christ is the true zerubbabel , the true anointed of the lord ; the diadem , scepter and crown of the throne of david belong to him . but this hindreth not the intendment of it literally to zerubbabel , or the application of it to those that be as zerubbabel , the anointed of the lord : and so we may use it , but with this reservation , that christ only hath the preheminence ; he is the king of kings , and the lord of lords , before whom all the kings of the earth must throw down their crowns , and give him homage . but by him , and after him , the text is a royal charter made to zerubbabel , wherein are these particulars . . the time and season , when this shall befal , in that day . . the author and advancement . the lord. first , i will take thee . secondly , i will make thee . thirdly , i have chozen thee . it is the lord , the lord only . . the person to be advanced . zerubbabel my servant . . the advancement it self . i will make thee as a signet . . the ground and reason , and withall , the stability of the advancement ; the assurance of it is sealed with the seal of the living god : it passeth through three seales , the ratification thrice repeated . thus saith the lord , and again , and the third time sealed with the broad seal of heaven . thus saith the lord of hostes. . and first of the time wherein this chater should be made good to zerubbabel . in that day , and it 's called a day of overthrowing the kingdomes of the heathens , when the chariots of the horsmen shall come down , when heaven and earth shall be shaken : in that day zerubbabel shal be exalted . so these words may have the force of several things . . the force of a supposition , or an etsi ; and then this is the meaning , though all the world shall be in an uproare and confusion , yet zerubbabel shall be exalted . . the force of a condition , or a potius , rather then zerubbabel shall not be exalted , the kingdomes of the heathen shall be overthrown . . the form of a fined relation and determination , or a quando , when the nations shall be rooted out , then zerubbabels throne shal be exalted . . the first of a supposition , etsi . though all the earth be in an uproare , yet zerubbabels throne shall be set up . and this supposition is not meerly imaginary : no impossible thing to see the world in an uproare . we must not 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , think it strange to see this lower region full of stormes and tempests , the roaring of the waves , the raging of the sea , and the madnesse of the people , are put all together ; and this speaks the world , as truly subject to tumults , as the sea. tempests there are venti typhonici , unquiet spirits , whose work is to take peace from the earth , and to bring all to confusion : and now suppose all this ; yet zerubbabel shall have a charter of safty , gods church , his chosen ones , his darlings , they have a patent of security . when god sendeth forth his judgements , he gives charges , as david did to his souldiers , that they should spare the life of his son. let not zerubbabel my servant be harmed . the world it is in a tumult , as psa. . why do the heathen rage , and the people of the earth imagin a vaine thing ? yet have i set my king upon my holy hill of sion , david , and the sons of david are sealed up ; the psalmist delightes to put their cases to imagin them , and so to strengthen their faith , psal. i will not fear though the earth be removed ; when the earth doth quake , then doth david stand immovable , see the courage of his faith in the rebellion raised against him , ps. . . i will not be afraid for ten thousand men , that have set themselves against me round about . see his security in the midst of these dangers . i laid me down and slept . . as a condition , potius : rather than zerubbabel shall miscarry , he will overthrow all that shall oppose him ; nay , he will shake heaven and earth , the whole creation . nothing too costly to redeem him from destruction . zerubbabel's advancement met with great opposition , the prophet compares it with a great mountain : but what art thou great mountain before zerubbabel ? thou shalt become a plain , zach. . . all oppositions , that rise against him shall become flat . god is the god of nature , and the lord of the whole world , and so he is merciful to all his creatures : but when they come in comparison , or stand in opposition to his church , they shall be all parted with . thus isaiah sheweth how much he esteemed the welfare of his chosen ; isa. . . i gave egypt for thee aethiopia , and sheba for thy ransome . i will give men for thee , and nations for thy life ; one david , one zerubbabel is more dear than thousands of heathens and aliens . . as the force of a quando , it sets forth the time when , and herein are three gradual periods . . in the day of adversity he will stand for zerubbabel , and defend him : usually when the church is in adversity , god suffers the men of the world to be in prosperity : and so when the day cometh , he will remember his own , and do good to them . the sun of prosperity shineth not in both their hemispheres at once god usually sets a pillar of cloud betwixt them : when it is dark on the one side , it is light on the other . the world shall rejoyce , but thou shalt have sorrow , saith our saviour . david saith , the time of the church's affliction is but till the pit be digged up for the ungodly . the ark of gods people then rises higher , when the world lieth lowest & sinketh under water . . in that day when he shal revenge the opposition of the church on their enemies , zerub . shal be exalted . high revenge on the enemies of the church , is accompanied with remarkable mercies to the church ; st. paul shewed that the lord destroyed sodom and gomorrah in an extraordinary way , so likewise he preserveth his own in an extraordinary manner ; judgments on the enemies of the church are mercies to the church . he slew mighty kings , for his mercy endureth for ever . their oppositions of the church are not only repaid with fury , and revenge on her enemies , but recompenced with comfort on her self . . in that day , that great day , that last day , the throne of zerubbabel shall be exalted . the promise reacheth unto the time when there shall be a full accomplishment of all things : other judgements were but praejudicia ultimi judicii , even then , when all thrones shall be cast down , zerubbabels throne shall be exalted . in that time that he makes up his jewels , zerubbabel shall be remembred , then shall he set him as a signet in his right hand . and indeed till then neither zerubbabel the type , nor christ the anti-type shall be at their full glory . christ indeed sitteth now on his throne , but he treadeth not on his footstool . sit thou on my right hand , till i make thine enemies thy footstool , when heaven and earth , and the powers thereof shall be shaken , then shall christ and his saints appear in glory . here is the happinesse of true christian kings , they shall not be terminated , they shall not end with others ; but shall raign with christ for ever . when pagans & heathens shal be brought to the barr of justice , true christian kings shall be taken up , as assisters to the bench : here christ reigneth in and by them , where they shall reign with christ. i now come to the second part of my text , the person to whom , zerubbabel my servant . . by compellation . he calleth him by his name , he directeth a special message to him . . it is an honour to be owned of god by name , it 's a testimony of his favour to zerubbabel , & to such , it sheweth how high he esteemeth of them , like the great officers of state , their names and persons are precious ; or as the great constellations in heaven & stars of just magnitude , for which we have particular names , and not for the rest . . it 's affectionate as well as honorable , it 's the language of love thus to speak in those personal sweet expressions . god delighteth thus to express himself to his servants , chrysostome observes that it is a signe of gods displeasure , either not to speak , or not to speak by name , i have called thee by name , saith god to moses . . it is comfortable , especially in the daies of trouble when adversity besets us , thus sweetly to be called by him ; fear not abraham , said god to his servant . gen. . thus david incourageth himself . o god thou hast known my soul. fear not jacob. be of good-chear paul , christ saith to his persecuted disciples . thus iacob prayeth for the blessing when he was in destresse , and the blessing assured him by the imposition of his name . thy name shall be called israel , for thou hast prevailed . . he describeth him by his relation , zerubbabel my servant ; a title of high honour and worth . noble men are more honourable in their courts , attendances , and service unto their sovereigne than in all the commands they exercise in their own country . king iames of blessed memory , counting up the titles which the scriptures put upon christian kings , glorieth in this most , that god calleth them the servants of the lord. bellarmine esteems it servile and trivial , and mocketh him for it , as micah did david for dancing before the arke ; but this our gracious prince made it his blessing . indeed though it be a title otherwise communicated to all the servants of the lord , yet it doth most especially belong to those that are in supream authority . moses my servant , david and zerubbabel my servants , a title given by god to those that are immediately subordinate to himself : and it were wisdome to preserve these titles to that they belong to . titles given by god are real conveiances , and not to be transported ( as the cardinal would have it ) to inferiour subjects . zerubbabel is the servant of god. . officio , the high calling of kings and princes , is an office which they perform to god. st. paul calleth them gods servants and ministers . supremacy is not any intrusion or usurpation , as corah , and his complices would have it ; were it so , it were good to be rid of it ; or were it an aberration , 't were good to forsake it ; were it but a permission made for a time , it must in time give place : but it is an authority from god , set up by original institution . the apostles call it the ordinance of god , david compares it to the sun at noon . . speciali functione . zerubbabel gods servant , by a special service , above all other imployments , even the restoring of gods worship to the full beauty thereof , and the building of the temple . this was the work expected from zerubbabel . the jews say that the keyes of the temple were laid every night under solomons pillow , they hang not at their priests girdle . when kings serve god as kings , when they do that service which none but kings can do for him : to establish the truth of religion , to maintain and uphold it , to safeguard the church , to see men be religious , and not suffer them to be sacrilegious , is the great service that belongs unto kings . . gratiosa acceptatione , god graciously accepted of the service that zerubbabel did for him . zerubbabel might meet with those that would quarrel and wrangle with his proceedings : but let others malign him ; here is his comfort , that god , whom he serveth , accepteth of him . it 's the lot of the servants of god to be liable to the quarrels of disaffectionate men ; so moses the beloved one ; so david , the man after gods own heart though for a while , the people had very loyal and honourable thoughts of him , he did seem to please them ; yet sam. . there did arise discontent about his government and ruling over them . well , what saith god of him ? notwithstanding all this , this is his testimony of him : he feedeth them with a faithful and true heart , and ruleth them prudently with all his power . so solomon his son , even his government was complained of as too heavy : yet all the burdens he loaded the people withal , were an over-charge of wealth . the taxes and summes for the building of the royal temple and palace were not imposed on the israelites , but the strangers among them . the spirit that is within us lusteth after envy , and sheweth it no where more then toward our superiours . we should consider their temptations and allurements , and compassionate them and pitty their failings and weaknesses , and pray for their proceedings , and acknowledge the benefits we receive by them . they may sometimes overcharge us ; but are alwaies a shield and defence unto us . tully telleth us of those sicilians , that because of the great benefit they enjoyed by the roman government , would not quarrel with them for some few trivial matters . so should we do here . . exclusivè zerubbabel is gods servant , this interest cutteth off all other ministrations that can be laid on him . the king's service is the supream dignity . he findeth no equal on earth , much less superiour : dominion is the image of god not of the pope : this signet is not annulus piscatoris , the ring of peter or his feigned successor , the pope . i'ts true , when the imperial power turned vassal to the see of rome , the scripture calleth it the image of the beast . but a lawful supremacy is a most legible impression of the image of god. there is a service in government , and that an hard one too , so that the subjects duty is the easier of the too . diis minoribus in unum iowem conversis : veritas nominum est salus proprietatum : facilius est imperantibus obedire , quàm obedientibus imperare . it 's a more easy thing to obey than to govern or rule , so hug on the hard taske of government . kings are serviceable to the good of the people , but not unto their power ; not like to the pope , that can hear his cardinal sing , ecclesia data est papae . the church is brought in by a father saying , i am not thine , but thou art mine , and all things else . this sheweth how kings may be said to be servants . he is properly a servant , that is so in respect of his imployments for another , and from another . the supream power hath imployment of god , and his authority , and so his servant . but respectu finis , their end is to the great good of others . st. paul determines it rom. . the servant of god for our good . so then this truth , that kings and princes are servants of god , must be unto them monitorium officii ; it should put them in mind their duty : so to govern as to remember they are under government . i know it a preposterous solecisme , to preach unto the people the duty of their kings , or unto kings the duty of their people . it was the method of the pharisees , when they found fault with christ or his disciples ; they would complain of christ to his disciples , why eateth your , master with sinners ? and of the disciples to christ why do not thy disciples fast ? just the spirit of the pharisees , to beget jealousies , and for dissention to tell the king that his subjects are false , and the people , that the king usurpeth . this is not to give every one his true portion : every truth is not for every person . this here , that kings and princes are gods servants , secureth their persons , sealeth upon them a charter of a protection . princes in point of honour are bound to safeguard their servants . david pleadeth for this priviledge in his danger . undertake for thy servant for good , psal. . . king hezekiah prayed , lord i am oppressed , undertake for me . david prefixeth this title unto his psalm of thanksgiving . a psalm of david the servant of the lord. likewise it must bind us to our obedience , and not onely manacle our hands and pinion our arms not to offer violence , but bridle our tongues from speaking any unreverent speech . how dare you speak against my servant moses ? it was the check that god gave not to the common murmurers , but unto those that were sombody in the congregatiō , even princes . and gods calling of him servant was not to teach aaron to call him fellow servant , but my lord as it followeth . this affordeth us three great excellencies in the governing of gods people . . in his person , monarchy . . in his stock and original , nobility . . in his descent , a lineal succession in the royal family . three great excellencies in this government . . in the person , monarchy . the supream authority sealed in monarchy , hath this priviledge and advancement above other formes of government , that it carrieth a more ample stampe of gods institution . we condemne not other formes of government , they are not aberrations ; but justly praise the form which god chuleth for his own . the israelites for a time were under judges , but the setling of the government was to be in kings . it s true the first king was extorted by the people : but that hindreth not that the office of kings was by divine intendment . it was promised to abraham , kings shall be born of thee . this royal charter was drawn up before sauls time . that which blemished saul's setting up was the peoples overhasty desire to enjoy a king. saul the king and saul the apostle were both born out of time , the one too soon the other too late : but both their functions were of , divine institution . . in his stock and original nobility ; the son of shealtiel . god taketh notice of his nobility and dignity , and putteth honour on it . it 's an ill symptome of the worst of times ( quae non instant , sed extant ) when the vile shall rise up and behave themselves irreverently against the nobles , especially the nobility out of which god raiseth the princes of his people . blessed art thou o land , when thy king is the son of nobles queen elizabeth , when they inquired of her , whom she would have to succeed after her , answered . my throne is the throne of kings . no mean person must be my successor . the precepts of philosophy tell us , that nobility is in a great capacity for rule and authority : every shoobuckle will not make a signet , or bramble a king. . as he establisheth monarchy and raiseth it out of nobility ; so he preserves it in a constant descent from david . this is that which david calls the establishment of his throne . lord thou hast spoken that of thy servants house , there shall sit a man for ever on his throne . rather then this course should be interrupted , god taketh such care to fulfil this succession , that he will set ioas a young child on his throne . it was the exception made against herod , quod nec nascendo , nec vivendo rex suit . he was neither a king by birth , nor by life . this hereditary succession preventeth much inconveniency which would fall out by reason of a vacuum . a vacuum is of a strange nature , which makes things of a low condition to ascend higher . . the author of this advancement . 't is no other then god himselfe . i will , take thee , i will make thee , i have chosen thee . god is the fountain of all lawful authority : unto him the shields of the earth belong , supremacy and soveraignty which are the beams of majesty . promotion comes neither from the east nor from the west , nor any point of the compass . magistracy is the image of god which fell from the heaven to the earth . exemplum habet de coelo . lo our saviour sheweth iohn so . it is written in the law , i have said ye are gods. he it was that made them so . we must not have gods of our own making ; the holy oyle wherewith they were anointed is his , with my holy oyle . ( saith the lord ) i have anointed him . the throne they are placed in is gods throne , chr. . . solomon sate on the throne of the lord. the judges they exercised gods judgements . for the judgement is gods , you shall not therefore respect persons in judgements deut. . . hence they are called the sonnes of the most high , hence they are all the sons of god. in his thigh is there names written . all this betokens their high descent . this thing considered , that kings are authorised by god ; it will prove a comfort that our government is of gods appointment : and god will bless his own ordinance . mens inventions , though never so wise , have no such promise as his institutions . they that set up abimeleck to be king over israel took delight in him , and he in them : but how long did he last and their joy continue ? but if god setteth one over us , let us not question how he shall save us . gedeon suspected himself , and moses groaned under his burden , yet both of them prevailed . the advancement it self . i will make thee as a signet . zerubbabel shall be unto god as his seale ring . it 's a symbolical expression : take it literally , and no great matter to be found in it . bernard saith , annulus nihil valet ad hereditates quas expecto . it is not so much the ring , as the thing sealed with the ring : the purpose unto which it was destined is that which putteth the excellency on it . materiam saperabit opus , and so we may consider it threefold . . as a seal and testimony , and conveyance of authority , in the ruling of places unto great officers . by a ring governments were disposed of . ioseph was thus admitted to advancement : pharaoh took off his ring , and put it on iosephs hand . alexander declared his successor by delivery of a ring . so then , the impression or signet of supream authority is fixed on zerub . 't is his royal charter . none shall lift up hand or foot against thee in the land of egypt , saith pharaoh to ioseph ; all other governments must pass under this seal . as ambrose speaketh of the king given to ioseph . it was for a seal unto others . let the metal be what it will , without this sculpture it beareth no authority . . rings were for ornament . the ring and the robe were brought forth for ornaments luk. . and such is the power of magistracy ; it is the ornament of the creation , the lustre of all the great workmanship of god. he made the sun to rule the day , the moon and starrs to rule the night : but the splendency of these lights is the beauty of the creature : take them away , and what remains but horror and darkness ? see how god describeth the beauty of his people . i deckt thee with gold and silver , and thou wast comely . a due proportion of soveraignty and subjection , is the beauty of the body politick : and also , as every good government hath its beauty , so the royal government is most beautiful . it setteth forth the glory of gods name , that he governs by kings and princes , they are his anointed , as the great constellations of the firmament . solomon reckons it amidst the foure happinesses . and kings against whom there i●no rising up . . god will make zerubbabel his signet ; and this betokeneth care and custody . he will weare , keep , and hold him as a signet . the scripture doth represent this care of god by a signet , in nameing three places wherein god setteth it for safe custody . . on his right hand : and this his usual way of wearing signets . set me as a signet at thy right hand . so then custodia dextrae , this is the first , and this containeth an ordinary preservation . there are crosses and mischances , which dayly happen to the life of man , unto which even princes are subject ; did not this good right hand of the lord protect them in their going out and coming in ? in all the turnings and passages of their lives this hand protects them . they are viri dextrae . . there are extraordinary cases and hazards , and they require more powerful preservation : and for them there must be a stronger place . set me as a seal on thy arm . beside the preservation of his hand , he hath for his anointed the deliverance of his arm , of his strong arme , of his outstretched arme. david , to shelter himself from ordinary dangers , cryes out , god is my house , it s he that makes david to dwell in safety : but in great distresses , as when the conspiracy was raised against him , he puts himself in a strong protection . god is not onely my house , but my rock , my fortress , my strong tower and refuge . for daily preservation , let thy hand be on the man of thy right hand : but in strong assaults , awake , awake , put on strength thou arm of the lord. . thirdly there is yet a closer and safer place , and it is his heart : the spouse saith , set me as a seal on thy heart . and this betokeneth great care . the heart is loves pallace , in it she keeps her jewels ; and such a sure keeper god is . he stretcheth out hand and arm to preserve zerubb . no snatching him out of his hand . here is the safety of gods people , of his anointed zerubbabel ; his hand shall hold him fast , and his arme shall strengthen him , and his heart shall be a hiding place , and a sanctuary . the ground of this advancement , for i have chosen thee . this election is a sure foundation , this charter of god is sigillum signatum , this preferment is an impression from the great seal . this election is like the great stone which supported the throne of nebuchadnezzar . i will place his throne on this throne , saith god. it s like building on a rock . let the storms come , and the wind blow , this rock of election will keep it immoveable : yet will i make zerubbabels kingdome steadfast . this election appeareth in five things . . ex electione , non tantum ex permissione ; this is too weak and sandy a foundation . permission falls short of approbation , and kings are not carried by this , but by gods steady election . in the kingdom of providence there is nothing of casualties and permissions , the spirit of god which governeth the world is a spirit of counsel , and not of temerity . so then zerubbabel raigneth by gods election and purpose ; it 's not a matter of meer tolleration or bare permission . . exelectione tam cum rejectione aliorum . bernard saith , gods choice must stand when all other competitors are rejected . it was this election that transferred the kingdom of saul . speak not of him , for i have rejected him . this advanced david and not eliah . anoint him not ; for the lord hath refused him . though all israel set their faces towards adonijah , to make him king ; yet solomon shall have the crown . let others be what they will be , either for parts , power or favour , it is not the mettal , if the ingraving stamp of god be wanting . . ex electione cum dilectione . election cometh from dilection . the delight which god taketh in the prosperity of his people , putteth him on to place a lord over them . should we expostulate with god as they did . wherein hast thou loved us ? this would be a clear evidence of it . the queen of sheba taketh notice of the happiness of israel in this . blessed be the lord thy god that taketh delight in thee , to place on his throne so wise a king. because the lord loved israel to establish them for ever , therefore he gave them such a king. if we pass by this token of gods love , the queen of the south will rise up in judgement against us , her speech will condemne us . . ex electione cum deliberatione . election proceeds from deliberation . it implies study and search and great consultation . we must understand it 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 leave out all ill circumstances , and take in all its perfections . god doth it exactly out of the full depth of his counsels , and forecast of his providence , all things being considered . the setting up of magistracy over us is a work of consultation . god pitcheth on zerubb . as pharaoh on ioseph . can we finde out such a man ? this work is one of the chiefest pieces of gods providence in the world : not any one that comes next to hand can serve the turn : no god maketh searchings and inquiries , and then concludes , i have forund me out a man. . electio personalis . the election it 's personated , it 's fixed on a person . election is not a meer description of a form of a power ; but carrieth the designation of the person : it doth not onely frame a model , and constitute an office , or ordain a place ; but chooseth out a man. god sendeth not qualities or notions or formes , setteth not up platonical ideas ; but consecrates a person . for conformation of all these , is that great ratification at the end of all . he hath spoken and will make it good : he that saith it is the lord of hosts . this promise is not like a papal grant , which disposeth of kingdomes , but affordeth no help or assistance to those unto whom it giveth them . let them fight for them , if they will have them : the lord of hosts will make them good . it 's observed that the prophets after the captivity , never almost named god , but with this title , the lord of hosts . when zerubb . and his people are at the weakest , god affords himself strongest . this title is zerubbabels lifeguard ; it standeth round about , in the front as in the foreward ; in the close of the text as in the rereward : it speaks unto him , as the prince of the host of god. these heavenly auxiliaries , these chariots and horses of fire , shall resume him from all the chariots and horses of the heathen ; th●se being with zerubb . no matter who oppose him : by faith in his name shall be discomfit them all . let us 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , apply this text unto our selves ; let us see the blessing we enjoy ; let this put us in mind to stand on these termes with god , if the promises of his people may be made good unto us , it is not for every nation to do so ; onely for the people in covenant with god. it is a comfort to us to have a zerubbabel to be a prince , and leader to this people of god. zerubbabel , some give it , a stranger from babel , one that renounceth communication with the whore of rome . zerubb . is one appointed by god to fan out the chaff from the wheat . this our governour shall be as a torch of fire amidst the heap of chaff , and all their superstition as stubble before him . is it not a comfort to us that a son of shealtiel is a prince over us , one of the royal race , no stranger or servant , no assyrian or philistim ; but an issue of royal progenitours , designed to his throne by god himself from the birth , womb , and conception ? is it not a great favour unto us , that our zerubbabel is counted a servant of god ? and that not onely by place ; but by piety : not onely high steward of his house , and so servant by office , but by devotion . what a mercy this is , we may acknowledge , if we remember the imprecation of david ; set an ungodly man to rule over them , or the commination of the prophet , a leopard shall rule over them . let us now acknowledge our happiness , who have no pharaoh for our king , one that knoweth not god , and feareth to know the lord ; but one that religiously both knoweth and feareth god. did england ever know a prince more frequent , constant and attentive in the service of god ? it 's a commendable thing in a private person , how much more in a king to keep his dayly and constant houres of prayer , to bring his children up in the worship of god : to teach them betimes to know the god of their fathers . he is the servant of the lord , and all these pretious , titles which god laies upon his servants , belong to him : servus quem elegit , quem comprobavit , quem sustentavit , filius ancillae : he is his choice servant , in whom his soul delighteth , his servant , whom his hand upholdeth , his servant , and the son of his handmaid , and a true member of the true church of christ. lastly , so we pray and hope , and trust , he is a servant of his , whom he will use as a blessed instrument of his glory : he is a servant of his own , on whom his stamp is . clemen alex. forbids four sorts of characters to be on any signet . the contrary are not to be found in him . . the stamp of an idol ; our zerubbabel is free from this character . he neither nameth , knoweth , nor worshippeth any god , but the god of israel . . no instrument of cruelty to be engraven on it . our zerubb . is free from this : he beareth the signature of clemency on him ; and this is a royal virtue . kings must sing the song both of mercy and judgement ; but the sweetest song is that of mercy . do justice and love mercy : he both doth it , and delighteth in it . . no embleme of intemperance . this royal signet , which we behold ; beareth sobriety : it 's a confessed virtue emninent in him . he hath learned that it is not for kings to drink wine . he is far from the disease which the prophet complains of in the kings of his time ; he doth eat and drink for strength , and not for intemperance . . no wanton or luxurious stamp . our royal signet beareth the seal of chastity . what virgin hath he deflowred ? whose bed hath he defiled ? whose virginity hath he assaulted ? bishop latimer presented a great person with an handkerchief , this written on it , whoremongers and adulterers god will judge : this is his motto . survey the world , and see how many such princes your thought can present you with . surely their names may be written in a small compass . we may and should boast of gods mercy : all christendome cannot afford such another . finis . an appeal from chancery, to the lord general and his councel of officers, as also to the councel of state, and to all free-born english men of honest hearts, who have not forfeited their liberty, or captivated their reason, but fear and love the name of god, and the interest of all honest men, ... that christs kingdom may be advanced, and the kingdom of satan, with antichrist, and that of the beast, may be thrown down, with all their covetous, persecuting, ... perjured officers, ..., either that have been corrupt parliament-men, ... such who are in places of judicature, ... with every corrupt member thereof, ...in england, or in places called innes of court, or the devil's school of sophisticating and lying, frauds and hypocrisies, which bring forth a generation of vipers, ... wolves in sheeps clothing, ... or those in places of government in cities, ... who usurp authority over english-men, and that because they are in place or places over them, they combine also with this serpentine brood, and tyrannize over their brethren which never yet brake their trust, as the most of these have done, and that because they will not sacrifice to this devil of unrighteousness, ... to do unrighteously, and to deceive, and defraud, and oppress their brethren, and to undo them, as these experimentally many of them are found and known to do, for filthy lucre sake. burt, nathaniel, fl. - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing b thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) an appeal from chancery, to the lord general and his councel of officers, as also to the councel of state, and to all free-born english men of honest hearts, who have not forfeited their liberty, or captivated their reason, but fear and love the name of god, and the interest of all honest men, ... that christs kingdom may be advanced, and the kingdom of satan, with antichrist, and that of the beast, may be thrown down, with all their covetous, persecuting, ... perjured officers, ..., either that have been corrupt parliament-men, ... such who are in places of judicature, ... with every corrupt member thereof, ...in england, or in places called innes of court, or the devil's school of sophisticating and lying, frauds and hypocrisies, which bring forth a generation of vipers, ... wolves in sheeps clothing, ... or those in places of government in cities, ... who usurp authority over english-men, and that because they are in place or places over them, they combine also with this serpentine brood, and tyrannize over their brethren which never yet brake their trust, as the most of these have done, and that because they will not sacrifice to this devil of unrighteousness, ... to do unrighteously, and to deceive, and defraud, and oppress their brethren, and to undo them, as these experimentally many of them are found and known to do, for filthy lucre sake. burt, nathaniel, fl. - . [ ], p. the next month after england parliament was dissolved for their corruptness, . to intreat all others to be warned thereby, to act righteously: and are to be sold by will: larnar, at the blackmoors head neer fleet-bridge., printed at london, : [ ] annotation on thomason copy: "may ". reproduction of the original in the british library. eng great britain -- politics and government -- - . a r (thomason e _ ). civilwar no an appeal from chancery, to the lord general and his councel of officers, as also to the councel of state,: and to all free-born english me burt, nathaniel b the rate of defects per , words puts this text in the b category of texts with fewer than defects per , words. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion an appeal from chancery , to the lord general and his councel of officers , as also to the councel of state , and to all free-born english men of honest hearts , who have not forfeited their liberty , or captivated their reason , but fear and love the name of god , and the interest of all honest men , who desire to lay down their lives to promote righteousness , and to do wisely by justice , and judgment , and equity ; that christs kingdom may be advanced , and the kingdom of satan , with antichrist , and that of the beast , may be thrown down , with all their covetous , persecuting , lying , partial , extorting , bribing , perjured officers , ministers , and attendants , either that have been corrupt parliament-men , committee-men , judges , such who are in places of judicature , justices , lawyers , called counsellors , or concealers of our law , and registers or clerks , with every corrupt member thereof , by any name or title whatsoever distinguished , in england , or in places , called innes of court , or the devil's school of sophisticating and lying , frauds and hypocrisies , which bring forth a generation of vipers , which destroy and eat up the commonwealth their mother ; wolves in sheeps clothing , which devour the lambs of jesus christ : or those in places of government in cities , ports , guild-halls , companies , corporations , or fraternities , who usurp authority over english-men , and that because they are in place or places over them , they combine also with this serpentine brood , and tyrannize over their brethren which never yet brake their trust , as the most of these have done , and that because they will not sacrifice to this devil of unrighteousness , or follow this antichrist , or receive this beasts mark in their foreheads and right hands , to do unrighteously , and to deceive , and defraud , and oppress their brethren , and to undo them , as these experimentally many of them are found and known to do , for filthy lucre sake . enter not into the way of the wicked , and walk not in the way of evil men : avoid it , and go not by it : turn from it , and pass by . prov. . , . for they cannot sleep , except they have done evil ; and their sleep departeth from them , except they cause some to fall . for they eat the bread of wickedness , and drink the wine of violence . prov. . , . wo unto him that buildeth his house by unrighteousness , and his chambers by wrong , or without equity . jer. . . thou shalt not defraud thy neighbour , neither rob him . ye shall do no unrighteousness in judgement : thou shalt not respect the person of the poor , nor honour the person of the mighty : but in righteousness shalt thou judge thy neighbour . levit. . , . shalt thou reign , thinkest thou , because thou closest thy self in cedar ? did not thy father eat and drink , and prosper , when he executed judgement and justice , or as long as he dealt with equity and righteousness ? yea , when he helped the oppressed and poor to their right , then prospered he well . but thine eyes and thy heart are onely for thy covetousness , and to shed innocent blood , and for oppression , or violence and destruction . jer. . , , . as several translations set it forth or read it . printed at london , the next month after englands parliament was dissolved for their corruptness , . to intreat all others to be warned thereby , to act righteously : and are to be sold by will : larnar , at the blackmoors head neer fleet-bridge . the appeal of capt. nathanael burt. right honourable conservators , and all you honest officers and souldiers in the army , who profess to fear and love the name of god , and promise protection and assistance to those who walk with peaceable spirits , and in gods fear and love ; since that you have in a great measure , for their sakes , and for righteousness sake , taken your lives in your hands to do this great work you have done , in the dissolving or nulling of the late parliament ; which by the corruption of some , the jealousie of others , the negligence and non-attendancie of many , most perspicuously evident to you , as also to the honest people of this nation , so that you both found and held it your duty incumbent , as to secure both the cause which the good people of this commonwealth had been so long engaged in , and to establish righteousness and peace in these nations , as your declaration setteth forth , signed at white-hall , april . . and you , my dear country-men , conservators for our peace , and fellow-commoners , who have noble and uncorrupt english blood running in your veins , that have not been corrupted by faction , bribery , extortion , partiality , treachery , unfaithfulness , fraudulencie , or hypocrisie , or fearfulness , to betray either the honest cause you took in hand and engaged in , or any of your own liberties or self-interests , any of your brethrens liberties and rights , who were engaged and are engaged with you herein , as english men not onely born free , but have by conquest hazard , charge , and loss of treasure and blood obtained it , who have with the rest of the nation obtained it , of the like concernment with us , as well as by birth , and therefore you ought to prefer this freedom which hath cost so dear to the nation , at a high rate or esteem , and not to be supplanted therein by any false brothers suggestions , insinuations , or perswasions , but to press forwards towards the setling of the nations , be you souldiers now under present command , ( or otherwise ) that so the law ( such of it as is amiss ) may be reformed , and justice may be impartially administred to all , as god commands , without respect of persons , levit. . . that so righteousness and peace may dwell among us and god may delight and dwell in us . for christ faith of his father , joh. . . and he that sent me , is with me : the father hath not left me alone ; for i do always those things that please him . i remember , those who usurped a parliamentary power over us , when they caused money to be coyned , they gave this inscription about it , god with vs . now , as azariah told asa , and jndah and benjamin , the lord is with you , while ye be with him ; and if ye seek him , he will be found of you : but if ye for sake him , he will for sake you , chron. . . chron. . . for , ( as david taught solomon ) the lord searcheth all hearts , and under standeth all the imaginations of thoughts . seeing now these will be granted for truth , it makes me stand amazed at our late parliaments act , they made for a day of publick fasting and humiliation , september the first . to be observed october the . . the first clause whereof begineth thus viz. vvhereas the most wise god , whose iudgements are unsearchable , and waies past finding out ; hath by his over-ruling providence made a breach upon that amity ( which the parliament hath in all sincerity laboured to conserve ) between this commonwealth , and the united provinces . but so sure as the lord searcheth all hearts , so he understood the imagination of their thoughts ; and since they are dissolved and put an end unto , as faith the declaration of the general and his officers , april . , i shall leave aspersing of them and leave the words to sober judgements , whether they were blasphemy against god , or no : they setting the sincerity of their hearts as it were above god , to save the spilling of blood , and charge it upon god , and also the breach of the amity : when the apostle st. james faith . chap. . . . the wisdome that is from above is first pure then peaceable , gentle , easie to be intreated , full of mercy , and good fruits , without judging , and without hypocrisie . and the fuit of righteousness is sown in peace , of them that make peace . but observe the noble general , and the souldery in their declaration , say , page . we have been necessitated ( though with much reluctancy ) to put an end to this parliament which yet we have done , we hope , out of an honest heart , preferring this cause above our names lives , families , or interests how dear soever , with clear intentions and real purposes of heart , to call to the government persons of approved sidelity and honesty , believing that as none will expect to gather grapes of thorns ; so no good men will hope , that if persons so qualified be chosen , the fruits of a just and righteous reformation , so long prayed and wished for , will by the blessing of god be in due time obtained . wherefore my dear and honest brethren , truly honest english men let us minde our time , for to reform not altogether the law , which next unto gods law is sacred much of it ; but the abusive mercenary lying lawyers , and their dependants , who are diabolical and corrupt the most of them scarcely being christians ; who like the sons of zeruiah are to strong for us , and our liberties , utilleties , rights , and profits yea to the dayly imprisoning of us against law and english right , liberty , and freedome , many times to the destruction of our lives as well as our estates and inheritages , by fraudes forgeries , perjuries , extortions , briberies , false returnes by sheriffs and bayliffs , or secondaries , false and partial reports by masters of chancery , false orders by councellers , registers , and clarkes , inserted either for bribery , self-ends , partiality , or by combination , to uphold their friends in their diabolical and antichristian kingdome , and to destroy the innocent , and quit the guilty , as by my late newyears-gift more fully set forth , and that colourably by motions , both private and publick , by informations , petitions , fals suggestions , demurrings , which are but denying , lyings both to bills , and in answerings thereunto to choak the truth , yea calling truth a lye ( or a slander ) if it be against a man in place , as a justice of peace , an alderman , a justice of peace his clarke , if it be against a sheriff or his varlet ( vulgarly called a serjant of the compters ) or any of the sheriffs officers , or the clarke of the peace , or the jaylers the sheriffs deputy , yea could the hangman the sheriffs deputy deal unjustly , he should not want a lying mercenary lawyer , or concealer of the law , or serpentine soliciter , or partial parliament-man that was , or a master of the chancery , to solicit plead , or report for him or his masters , being in place of power or profits , pretending such are scandalized ; also you have these corruptions in guildhalls and in corporations and fraternities of men , which should be honourable , just and true with their officers and clerks , and attendants . therefore my dear and honest brethren ( if you will avoid englands confusion and therein your own ) assist the honorable general , and his councel of officers in your prayers , and the councel of state against all these corruptions , and corrupt lying lawyers and officers ; and chat by chusing persons so qualified into all places for future , as may bring forth the blessed fruit of a just reformation in righteousness , to the refreshing of all the good hearts who have been panting after those things . as the declaration at white hall april , . pag. . expresses : and delay you not to do it , since these noble and honest souldiers have begun ; lest you by your negligence and cowardise , betray both them again , and your selves and posterity ; and are forced to take up davids lamentation , sam. . concerning joabs malice , and treachery to abner , and therein to david , and to the peoples unsettelment , wherein david complaineth , i am this day weak , and but newly apointed ; ( or the people all agreed about the government ) and ●●●●men the sons of zeruiah , be too hard for me : the lord 〈◊〉 the doer of evil according to his wickedness . 〈◊〉 fore i do appeal unto all honest and faithful englishmen , 〈…〉 not forfeited their liberty and freedome , whether of the 〈…〉 , to be faithful , active , and trusty herein ; and 〈…〉 work which is already begun , for the settelment of the nations , in peace and righteousness , carefully to watch the sons of unrighteosness and corruption ; enemies to our settlement , concealers of english law , and traytors to our peace and liberty , freedome and profits , and in time to expunge them out of place and power ; but for the corrupt lyers which call themselves lawyers but are not , by advice for ever to expunge them and their attendants who act and practise unrighteously and illegally : yea . to extirpate them of all sorts that so the channel or current of law , and justice , may issue , flow , or run , from or through such men , as may be men that are known to be such men , as fear god , and hate covetousness , partiality , gifts or bribery , extortions frauds , false returns , dissentions , false entries or registerings , lyings suggestings , demurrings , which are but denyings or deceits , or delayings : for as david said . sam. . , . the spirit of the lord spake by me , and the strength of israel said , thou shalt bear rule over men , being just , and ruling in the fear of god . now all unrighteousness , lying and partiality is diabolical , anti-christian , and a transgression both of the law of god , and man : for if ye fulfil the royal law according to the scripture , thou shalt love thy neighbor as thy self : but if you have respect to persons , ye commit sin , and are convinced of the law as transgressors , iames . . . now when the lawyers , ( for the law which is good and equitable to all without respect of persons , rendering to every one their due ) shall delude the courts by false suggestions , not rendering the case right in their motions , on purpose to take advantage against the other party , by informing the judges in court with a lye ; by which means both justice and law is perverted , and the judges abused , who are sworn to do true judgment when they come to their places ; according as god commanded israel , deut. . , , . judges and officers shall thou make thee , &c. and they shall judg the people with righteous judgment . now how can the judg or judges judge the people righteously , when the councellor both concealeth the law from the people , and the truth of the matter from the judg , or judges ; informeth by his motion or motions , he being seconded by another lawyer , or lyar , like himself , falsly of the cause , and matter depending ? how can it be but that the law should be wrested , these mercenary lawyers having taken rewards , to blinde the judges eyes ; contrary to the command , exod. . , , . thou shalt not receive a fals tale or report , and i know none abounds in this abomination like that place , called the high court of chancery ; thou shalt keep thee far from a false matter , thou shalt not slay the innocent and the righteous , thou shalt take no gift , for the gift blindeth the wife , and perverteth the words of the righteous ; doth not this i pray good people concern the councellors , masters of chancery , six clerks , registers , and all inferior officers , and solicitors , as really as the lords commissioners , who are the judges of that court . or the master of the rolls ? to these and all other in judicature , i may say as habakkuk . . . we are full of spoiling and violence , and there are that raise up strife and contention . therefore the law is dissolved , and judgment never goeth forth , for the wicked doth compasse about the righteous , therefore wrong judgment proceedeth . and thus comes their oaths to be forgotten , that they should administer justice truely and duly ; and also that justice shall not be sold , or delayed , or denyed to any , magna charta , cap. . or as one frances white repeates it , in his book termed for the sacred law , pag. . we sell no man , nor deny or delay no man justice and right ; i would i could say so now in our dayes . the law is still the same , and ought to be in force , although the corrupt parliament be dissolved ; i hope i may not say england is un-parliamented for ever , since captain general oliver crumwel in his declaration on april the last , promiseth men of fidelity and honesty shall be called from several parts of this common-wealth , to the supream authority , as in the declaration april , also was promised , and as oliver crumwel commands all men to give obedience unto the laws of the nation ; so he also promiseth endeavors shall be used , that no oppression or wrong be done to the people : it is a maxime in law , ( as markham saith , ) the law alwayes eschewes delayes . the barons of the exchequer are commanded to do right to all men without delay ; . h. . .a . v. . c. . stat. glou. c. . they are sworn to do it , . e. . c. . . e. . c. . . inst. . one would believe they were sworn to deal justly and truly in the chancery also , and to give every man his right without delay : why then have some men been suing therein fourteen years and better and are no nearer their right , then when they first began ? and now againe , as new to learne what to do as before ; their clerks and inferiour officers being so lockt up and reserved , that in that court there is no certaine rule of proceedings ; but new motions and new petitions , begets new order upon order , restraint upon restraint , delay upon delay , report upon report ( as well false as true ) to the undoing of the poorest sort of people , or major part that have occasion therein to claim equity and right ( as though they had new masters of chancery ) and all other officers and ministers settled every term , or every feal-day , wherein motions are made to procure new orders , or lying demurrers argued , which indeed are but a sophisticating denyall to a bill , and a clear deceit or delay , on purpose to vex the party that sueth , and to over-rule him when they please , and by charges of fees to his councellers , or rewards , or gifts , who seem to plead , but betray him , or else they shall leave off the argument , and suffer him to be over-ruled , and over-powred , on purpose to beget new motions , new orders , new rewards , new fees , it being that which maketh them rich upon the peoples ruines , even many times both plaintiff and defendant , where they be of equality , without an administrator , is for discovery of estate necessitated to sue many , and they great men or in place reputed great , or of some halls , or corporations , whether city or otherwise ; then it may be , it is the undoing onely of the administrator , and the other are saved whole , by the hall-stock , or city-stock , or favour of the court ; and the plaintiff may not be suffered to plead , or have liberty to speak , because it is against the lawyers profits , rewards , gifts , fees , and this more especially denied in the court of chancery ; which one would thinke a freeborn english-man should have the equallest respect in , it being termed a court of equity and conscience . but i am afraid , they being set so high , have followed that corrupt assembly lately called a parliament so close at the heels , that if they step not speedily backward by repentance , they having made crooked paths as well as the parliament : so that they have no conscience , no equity in their doings , as you may read in isaiah , chap. . so that though we do , and have looked for equity ( yet there is none ) judgement is turned backward , and truth is fallen in the street , and equity cannot enter , and be that refraineth maketh himself a prey . wherefore judges and lawyers , be advised by jeremiah , chapter . trust not in lying words , but amend and redress your wayes ; and your works , and execute judgement between a man and his neighbour ; left you also and your complices be compared as they were of old , to a den of thieves , and are suddenly dissolved as the parliament was : for as david faith , psalm . . hath the throne of iniquity fellowship with those which forgeth wrong for a law , or frameth mischiefe for a law , and gather themselves against the soul of the righteous , and condemn the innocent ? god will recompence them in their own malice , the lord our god shall destroy them . for the lord abhorreth these seven things : the haughty eyes , a lying tongue , hands that shed innocent blood , a heart that imagineth wicked interprises , feet that be swift in running to mischief a false witness that speaketh lies , and him that raiseth contentions among brethren , prov. . , , , . now you cannot be ignorant being lawyers , and in place , that justice is a constant and perpetual will of rendering unto every one their due , and that the knowledge of the law is both divine and humane , and a science distinguishing what is just , what unjust and the precepts of the law teacheth to live honestly , to do no injury to any one , and to render every one their due . the first book of the institutions of the laws of england , tit. . pag. ( observe ) it was the parliaments delayes dissolved them , or caused it ; declaration of the april . . his excellency and officers desired by many to move the parliament , to reform what was a miss in government , and to settle the commonwealth upon a foundation of justice and righteousness , pag. . and they delayed it , being by them petitioned thereunto , and grew averse with much bitterness ; see that it be not so with you lawyers and others that are in places of power , and profits ; doubtless though there were as cunning lawyers among them as is among you . yet it could not help them ; i rather believe it hastened their dissolution . be herein advised you guildhalls , and corporations , or fraternities incorporated , and you which call your selves governours therein and thereof , who are in office and are averse therein for your brethrens good . have you not learned this aversion and bitterness of this corrupt fountain , the quondam parliament , to perpetuate your own fittings , as the corrupt parliament did before you , and as they endeavouring to perpetuate themselves enslaved the nation , as our fellow-souldiers remonstrance from scotland relates , p. . and we by experience have found it both from them and you , who by perpetuating your selves , enslave your brethren , and tyrannize over their persons and estates ? but ( believe it ) our day of redemption groweth neer , and the bud of our liberty beginneth to appear ; and as both monarchy and the parliament are dissolved , so are the great diana's or idols your charters , which you boast of and trust in , fallen , and so will you , and your power you usurp and exercise thereby ; since the makers thereof are dissolved , the thing made with or by them must cease , since both succession faileth , as well as the predecessor that granted it , as your selves well know , and proclaimed it down in all cities , ports , and corporated towns , and yet you will adore and set up the idol-deed-patent , grant , or charter of those dead , conquered , nulled , dissolved , or ( if living , yet ) not to de owned , served , obeyed by english-men : so that since the lively character of succession is dead to this commonwealth , ( and it is treason against the commonwealth to acknowledge any other ) then i pray what are all your grants and charters worth you so love , honour , idolize , and tyrannize by ? wherefore you in places of government and power , in cities , ports , corporated towns , and guild-halls , and other halls , and corporated fraternities , weep and howl , for these your idols are fallen , by which you have made your selves rich , and have corrupted your selves . see what james adviseth , ch. . . to . and repent of the cries of your brethren which are come up against you ; and behold , the judge standeth before the door . wherefore i intreat you all to repent , and to walk humbly , and glory in nothing but this , to understand and know god the lord , which exerciseth and is delighted in mercy or loving kindness , judgement and righteousness , jer. . . that so your , brethren may live by you in peace , and not be any longer oppressed , defrauded , destroyed . yet trust , my dear brethren , in jacob's god , and not in man , in whom there is no help ; whose breath goeth forth , and he returneth to the earth : for it is better to trust in the lord , then to put confidence in man : david knew it in all his troubles : yea , he knew it is better to trust the lord then to put confidence in princes , psal. . . , . then , i pray if there is no help in man , nor trust in princes , psal. . , . what trust can be in the grants or charters of dead kings , and yet none to be given to the persons of living princes ? but happie is he that hath the god of jacob for his help and hope , which keepeth the truth for ever . o remember this , you judges , justices , commissioners , masters of the chancery , you that call your selves lawyers but are lyers ; counsellors at law , but are concealers of our law ; and all your viperous and serpentine brood ; know , that god which keepeth truth for ever , looseth the prisoners , giveth food to the hungry , executeth judgement for the oppressed , loveth the righteous , raiseth them that are bowed down , openeth the eyes of the blinde , preserveth the strangers , he relieyeth the fatherless and the widow : but the way of the wicked he turneth upside down . reader , here followeth the petition to the quondam-speakers sir john lenthals brother ; but as he is master of the rolls , which is the first part of my appeal to the souldery , for then there was no other visible power setled , for the people who are the common-wealth , and his order thereunto , to dismiss my bill then in chancery , to which i still stand ; because i paid the costs to mr. web , a party in the behalfe of the rest of the combinators or his complices ; and here followeth the order since made , which provoked my petition to the general and councel of state , the present setled trust for the people , to declare and manifest the abuses of the chancery and rolls proceedings for filthy lucre sake , to betray and undo the people of the common-wealth , my dear country-men , for whose sake i have presented these lines for their preservation , to whom next unto my maker , i hold ( as i ever did ) my self obliged , and shall to procure the good of the publick ; though i know for this i shall be censured abundantly of abundance of men , there being by computation in england and wales , of lawyers solicitors , clarks and their dependents , about six score thousand ; besides the multitude of office is discovered herein in guild halls and all other corporated companies and places ; which may seem to be offended hereby , their wickedness being rebuked , like that of the lawyers mentioned luk. . . for their hypocritical formalities and ravening wickedness : then answered one of the lawyers and said unto him , master , thus saying thou puttest us to rebuke also . but he said woe be to you lawyers who lay grievious burdens upon the people , and take away the key of knowledg from them &c. and he reproves the proud pharisees , men in place as aldermen & others , for their formality and devouring widows houses , & since the great fraud by imbezling the orphans estates in guild-hall london is in print discovered , which one would think were for the value thereof incredible ( if not printed ) to relate ; for which , doubtless god will be avenged , who is the father of fatherless , where you defeated orphans put your trust in him ; he it is that relieveth the oppressed , the fatherless and the widdow , which sheweth mercy , judgment and righteouss in the earth , and is delighted therein . the parable of the unrighteous judge , mentioned by christ , luke . which neither feared god , or reverenecd man , yet when the widow demanded justice of him against her adversary , he at the last said to him self , because this widdow trossbleth me , i will do her right , lest at the last she come and make me weary : and it is beloived , that when he had done justice and right to her , he did not afterwards by petition motion , or order , undo what he bid by her importunity done for her . lords commissioners and master of the rolls , let your chaplain or chaplaines oft read this gospel to you , and let it be expounded to the mercenary lying lawyers , and then let be read unto them both my petitions , and a few of their regained and again regained orders , either by motions or petitions or both at court , the temple , or the rolls ; by which they have overturn'd , overturn'd , overturn'd , equity , or justice and right . there being a warrant sent to me , under nathanell hubarts hand , to summon me to a private hearing , my lawyers being out of town , to circumvent me , i having but hours given thereby to appear , two dayes after writ this ensuing letter , viz. a letter sent to the right worshipful , nathanael hubart , one of the masters of the chancery . worshipful sir , who are as a doctor , or master , and read in the lawes of this our israel , our england , or ought to be ; and therefore have sent out your warrant , being one of the honorable court of chancery , upon the lords commissioners order , upon iohn iretons petition , esquire ; though your warrant also name andrew riccards esquire , yet as i told or declared yesterday before you , alderman riccards never did petition in the business ; neither was he ever sub-poena'd to answer to the bil : worthy sir , i complained in chancery , it being called a court of equity , as a place i hoped i should be relieved in , under god that did establish equity , and executed judgment and righteousnoss in iacob , psal. . . who is lord of lords , which regardeth not persons , nor taketh rewards , deut. . . pet. . . act. . . where i expected to finde men in the fear of the lord , acting faithfully , executing not mans judgment , but the lords judgment ; as jehosophat said to the judges of israel , chron. . , , . which law of god moses had before commanded the israelites , levit . . ye shall do no unrighteousness in judgment : thou shalt not respect the person of the poor , nor honor the person of the mighty , but in righteousness shalt thou judge thy neighbor . i pray when micah prophesied , and reproved the heads of israel , were not they the magistracy thereof , and governors , as aldermen and sheriffs , aswel as priests and prophets ? micha . . , , , . yet he telleth them , that they abhor judgment , and pervert all equity , &c. he being full of power of the spirit of the lord , sir , i pray that i may finde in your court , wisedome , judgement and equity : that i may say , god is in this court , or place , as jacob said , gen. . . sir , i pray observe my case , i being a suitor , or plaintiff in your court , being administrator of or to my honored father deceased ; complaining that divers , and several persons combining together , do conceal and detain much of the intestates estate , and abused him in his lifetime , and me since his death ; and that this combination of theirs is by power and fraud carried on : and that sheriff ireton his officers did , to delay and abuse my father in his life time , and me since his death , make a false return of a latitat , by which we are by one iames ryton and matthew mason defrauded , of pound in mony , and if not here in your court of equity releived , for ever also so like to be , and also of pound estate by others , as the bill declareth and setteth forth , or thcreabeuts , and this is truth , and no lye , or scandal both to him and others . sir , i would not offend god , or the law of the land , which is my birthright , and which as my right i ought to have . sir , i observe ( among the choyce cases of the chancery , arnold plaintist , and roberts desendant , anno . eliz. ) the then sheriff was merced five pound for a false return of an attachment is your court , in a book called the practise of chancery , pag. . and as yet i am delayed , and abused , and demurred too , and can have little or no relief or right in any place , but stopped by petitions , or abused by false returns , or denyed warrants upon attachments from this court , and bound up as my adversaries do please in all places , yet i pay both court , and councel-fees , but can not have justice and right , or equity . sir , this is the truth of my case , the god of truth knows : yet if my bill be unpleasing to court , rules , or persons , i shall humbly intreat you not onely to expunge such things as are distastive , or as my adversaries call slander , to hinder me of my right , and thereby to swallow and conceal the intestates estate , and to pervert the law , which is good and equitable to all , ( or ought to be ) without respect of persons ; but to be a means to dismiss my bill , and then i shall advise with counsel of this honourable court , which are now out of towne , when they shall returne , to begin againe as shall by court be thought fit : and in the mean time i shall pray the righteous god to establish equity and judgement in england , as formerly in jacob ; and shall pray such reasonable costs as they in wisdom and equity shall appoint or order in court ; i being an administrator ; and shall pray for them and rest thankful to you . from my house in windmillcourt between christs hospital and the lame hospital mar. . . london . yours , capt. nathaniel burt. to the honourable william lenthal , master of the rolls . the humble petition of capt. nathanel burt , plaintiff , against thomas starky , and thomas web , francis dashwood , willaim pease , william kettle , of the company of sadlers , defendants . sheweth , that your petitioner exhibited a bill in michaelmas-term last , against the defendants and others , who combined together to conceal much of his deceased fathers estate neer a l. in money , leases , and morgages ; he formerly being a member of the said sadlers company in his life , and in extream age dying intestate , and your petitioner also a member of the sadlers company ; but by serving in the wars became estranged both from them , and his deceased father ; yet he being his eldest son , he became administrator to his honoured father being deceased , and is by the court christian bound therein to give an account thereof justly and truly . now so it is , may it please your honour , that according to his duty and right both to his deceased father formerly living , in whose life time your petitioner began to complain , and was by him then also authorized so to do in some cases , and since his death as administrator to his father , which came to him by birthright , and divers of them would have hindred him therein , if they could , the better to have defrauded your petitioner , and to have disabled him to give accompt to court christian , and to have swallowed his deceased fathers estate and shared it among themselves ; your petitioner having formerly both in his fathers life time and since his death , petitioned them as a company of sober and just men , in whom should have dwelt peace and righteousness full six months for a fair and peaceable end , laying himself downe at their feet therein , and intreating for his right without going to law after his fathers decease as before , and that his fathers lost leases and fine might be restored now to him he being administrator , and all other moneys and morgages which were concealed and imbezelled from his said father and your now petitioner , as in the bill is expressed , whereby your petitioner was forced to appeal into the court of chancery for equity , and yet by the unjust and false practises of some hath yet found wormwood and hemlock for judgement and equity ; for he hath seen the court and your honour much abused by misinformations , false suggestions , and petitions to gain their wills to conceal former orders and proceedings , thereby to delay and undo your petitioner ; and he believes he can make it appear also byorders therein surreptitiously procured , insinuated , or inserted , entred and registred , one order whereof they thus obtained of your hoour by a petition , november . . to delay your p●●●●●●ner from an answer as they had done months before amongst themselves , when by petition and letters he sought themselves as a company of assistants in power for peace , but they would not ; yet since they have given him two of his lost leases again , and taken a new sine of him , which is part of his said bill ; and since that your petitioner taking out attachments to cause them to answer in hillary-term last , they by petition february . . to your honour falsly suggest that your petitioner was agreed with them , and so got an order to stop his attachments , and as they had promised before in their first petition to answer to the petitioners bill ; so now they procured days also , yet never payed the attachment costs ; and contrary to the just and honourable rules of court , which ought to be kept and observed by all , and they have demurred and not answered , on purpose to delay and vex by delatory arguing , and by multitudes of fees and charges to undoe your petitioner , when they should have fairly answerd to him therein by promises . your petitioner therefore humbly prayeth your honour , the truth hereof considered , that your honour will be pleased to command them , as in equity they now ought , to give in their several answers to the collateral part of your petitioners bill , or else so to order it , that your petitioners bill may be dismissed with such reasonable costs as to your honour shall seem meet , he being an administrator he , being like else by the false practisings and delayes already past to be undone ( therefore he prayeth also to be at liberty to prefer a new bill ) without he doth appeal to the general and his councel of officers of war herein for justice and equity ; if that by your honour he be not herein reserved , which if by you he shall , viz. your petitioner and his , shall ever pray for your honour . april the . . capt. nathanael burt. april the . . let the petitioners bill be dismissed , with s. costs , and he be at liberty to prefer a new bill . william lenthal . readers of all sorts , observe , after my bill was dismissed , and the costs by my adversaries received , they maliciously again move the court to have my bill detained , because they were not pleased with small costs ; when i ought not to have paid any costs being an administrator , as is recorded in dixy and watsons case , he exhibiting a bill to discover assets lately , and also they amerce the sheriffs to bring in my body , pound , at three several mens complaint ; one of them being the varlet which made the arrest upon iames ryton for pound , when i had the false return made under sheriff ireton and believe shall be defrauded thereby wholly thereof , which was part of my bill , and i have the writ so returned in my own custody to prove the thing done , and the oath of edward miles in the court , to prove the arrest , and the mony paid for doing of it , which hurst also received the half thereof from miles's hand , who was his yeoman therein ; yet hurst denys by demurrer upon oath , the arrest , the mony received , or any part of the bill ; and can this be any other then a deceit , yea a cheat ? and so doth sheriff ireton also deny it by demurrer , yet he was spoken with several times therein by my self , when the false return was made , to delay and spoile me therein , and that by mr. ellis the city-cryer , ryton was cryed , and that by sheriff iretons knowledg , who was acquainted therewith both before it was done and afterwards by mr. ellis the cryer ; iames ryton the second merced the sheriffs , and my false brother iohn burt the third , who procured amercements against the sheriffes , to bring in my body to answer to them and their interrogatories , & to iretons interrogatories by misinformation to the master of the rolls , who had dismissed my bill , as appears in court filed under his hand , april . . yet again , by motion seven dayes after the order being served , and costs payed , by a misinformation in the rolls in sheriff iretons behalf to the master of the rolls , there is an order in the rigisters office privately entered or insinuated by a pretended motion , made by iretons councel , therein that i should come in and be examined in four dayes afterwards , or be sent to the fleet for my contempt ; and i pray good people , souldery and councel of state , how could there be a contempt , when there was no bill in court , it being by the master of the . rolls dismissed , and the costs payed some dayes before ; and upon these great abuses , i took occasion to petition the captain general crumwell , &c. viz. to his excellency the lord general cromwel , and the councel of state , for the present government of this common-wealth ; conservators for the peace thereof . the humble petition of capt. nathanael burt , against thomas web , thomas starky , william pease , francis dashwood , john cox , william kettle , of the company of sadlers of london , also their clarke and many others of the said combination and confederacy , humbly sheweth , that suing these combinators , in a place called the high court of chancery , which should be a place of equity , and conscience , to ease and releive such who upon just grounds should apply thereunto , for discovery of combinators , who fraudulently , conceal or imbezle either writings , or monyes , from persons impotent through extream age , or administrators who succeed the former dying intestate : that these persons named , and others not here named , but named in your petitioners bill , by their several combinations possessed themselves of , and concealed from your petitioner of his deceased fathers estate , who dyed intestate , about pound in mony , leases and morgages , which they yet detain against the minde of the deceased intestate as in his life time was declared , and against the conscience and equity ought to be in the high court of chancery , were they not partial and corrupt as the dissolved parliament : yea they do act this combination against your petitioner , being assisted by the viperous mercenary lying lawyers , and serpentine solicitors and clarks , purposely of covetousness and malice to destroy your petitioner who when he took out letters of administration , gave security to court christian , to give in a just and true account . your petitioner also sheweth , that a against these combinating assistants above named , of the sadlers company of london , since his bill was preferred in chancery , there sitting a committee , of the late dissolved parliament to examine the frauds and oppressions of corporations , which was grown up therein , and to renew them , they being upon the old patents , grants , and charters of monarchy and their successors , and so fallen with them : that your petitioner procured from the said committee , three several orders against these combinators sadlers for their oppression and wrongs done to the whole commonalty , or brotherhood of sadlers , against them and their now pretended charter , wherein the fraternity of working sadlers are particularly interested , and are proper heirs thereunto of right , if ever it be settled ; and the means left by our ancestors deceased , to releive such as should be in distress ; though by these usurpers abused , oppressed , wronged and injured aswell as your petitioner : which by a messenger to them belonging , was served upon them in all their height of jollity , to cause them to answer to the said complaint , and to bring the forfeited dead charters , by which they did oppress and wrong their fellow members of the said society up to be examined and renewed ; and also that they should bring away to the then honorable committee their books of accompts , and book of orders , that so the oppressions and abuses might be understood , and the people eased , and the corruptions reformed , and they settled as might best consuit then with that present government ; but these corrupt assistants of sadlers fearing the trial or examination herein . corrupted some thereunto belonging , and never left with them , or their councel appointed therein , the grand charter , but a latine coppy , or the books of accompts at all : and to coole your petitioner a while in the prosecution thereof , sent to your petitioner . and gave him two of his fathers detained leases , which in chancery he complained to be fraudulently detained and concealed from your petitioner , and took a new fine of your petitioner , so that his father had lost both his leases and also his fine , which if the book of accompts had been examined , would plainly have made it appear , as they well knew ; yet unjustly and unrighteously they will not answer in the chancery , but sordidly still conceal the collateral part of the bih , though these leases was part thereof , and by combination of lawyers , demur to him therein , which is but a denial on purpose to delay and vex your petitioner , yea to destroy him ; whereupon your petitioner by order from the master of the rolls procured a dismission of his owne bill , and paid thomas web s. costs in the behalf of himself and of the rest therein concerned , may . . yet would these combinators and lawyers still detain the said bill in court , the better to have their ravenous wills satisfied , to destroy your petitioner by charge or imprisonment , even out-daring justice , law , or equity . your distressed petitioner laying claim to the promises made by your excellency , in both your declarations , and of april , that such endeavours should be used , that no opposition or wrong should be done to the people by any that exercise administration of justice by the laws of the nation , humbly imploreth your honours to be rescued out of the mouths of the roaring lyons and bears , who else would break the bones of your petitioner ; who being administrator , did but sue for the discovery of a concealed estate , and in conscience & equity ought rather to be cherished by them then destroyed , yea eaten up , which they some of them have threatned , and their practises do make good the same ; which promises declared , if performed , will set you as mount sion for establishment , and work the hearts of the people to praise god for you ; and your perishing petitioner if herein relieved , these acting against justice and equity , yea the law of the nation , shall for you be inlarged towards god . and he and his shall ever pray , &c. may the . . nathanael burt. the lord generals order to me when he came out of the councel was , that i should attend the councel for order of this petition . being ( as in the petition is declared ) encouraged by the promises of the souldiery in their declarations mentioned , so also calling to minde the letter from the general meeting of the officers of the army , jan. . . to stir up all their fellow-souldiers to assist them to help the people of this nation ; who through corruption are subject to grievous oppressions through the obstruction of justice of which they were generally and strongly convinced it was their duty to awaken themselves for the procuring and preventing many apparent inconveniences ; as first , faithful men , fearing god , hating covetousness , may be chosen into the interest of the common-wealth . secondly , that the laws may be regulated in such sort that what is good in them may be maintained , and the corruptions , abuses , delays , vexations , unnecessary travels and expences , and whatsoever shall be found really burdensome and grievous to the people , may be taken away . then behold , as you have dissolved the corrupt parliament , who voted , unvoted , and abused , vexed , and delayed the people of england , and hardned others by these practisings to do the like : as ecclus faith , chap. . . as the judge of the people is himself , so are his officers ; and what manner of man the ruler of the city is , such are they that dwell therein . and as the master of the rolls and lords commissioners do , and the chancery hath been known to do for the memory of man most abusively , as well as other courts sometimes , but not so frequently as the chancery or rolls . lend us also your assistances and all faithful englishmen stand by them and one another , to open these cages of birds who are become ravenous , and their houses full of deceit ; therefore they are become great , and waxen rich ; they shine , and are waxen fat ; yea , they surpass the deeds of the wicked , jer. . , , . thus as there were wicked men found in israel , who did set inares and traps to catch men is it not so now in england ? and as they judged not the cause of the fatherless , or the right of the needy , is not the same cry amongst us at this day ? which the officers of the army be convinced of , that those in the army and elsewhere have not so improved their interest one to another as they ought , the lord having done great things for us of england , as their letter of jan. . . sets forth , might say to us , isai. as he did to his vineyard ; and he looked for judgement , but behold oppression ; for righteousness , but behold a cry : and this you see is not long since the officers of the army printed it , and that they have made some progress against oppressors and unrighteous men since . assist them therefore , dear country-men , english-men , and let us not by jealousies grieve the hearts and weaken the hands one of another , to the destruction of our liberty , freedom and peace , as by the said letter they observe . but let us keep our selves close to god , and let us implore him so to act in them , that their hearts may be kept faithful as moses , who when he was to lead the israelites out of egypt , would not leave a hoofe in bondage ; that so the lords work being begun , who turneth the way of the wicked upside down . psal. . , . but raiseth them that are bowed down , and loveth the righteous . wherefore honour faithful ones , and abandon these schools , yea abolish them schools called the innes of court , whose scholars plead taunts , lyes and sophistications , for law , like to their father the devil , by which their brethren are murthered , and their families undone . for as our honoured faithful brother colonel pride formerly predicted , as in my new-yeers-gift , pag. . is set forth , that it would never be well with england until that mercenary lawyers gowns were hung up by the scotish trophies . these , my brethren , and their attendants , destroy englands common-wealth , and are of the beast , and of antichrist , and of the devil . that lawyers , called secular judges , proceeded from romish clergie-men , yea all lawyers were anciently of the clergie ; no clerk but he was a lawyer , faith malmsbury , in william the second's time ; they were the first lawyers in england , or amongst them , for time and for their knowledge and manners sent to rome , some of them being then councellors to abbots , had shaven crowns , were arch-deacons ; and most of the lawyers then held church-livings . now , my brethren , ye may see how tythes ( the great robbery ) hath come to be maintained . and a monk in henry the third's time is called the kings special counsellor and clerk , faith the observer , as much as the atturney-general since . but i admire how edmund prideaux , formerly the great letter convoyer , to rook the people of d. in the shilling , as their quarrelling printed papers make it appear , doth call himself atturney-general , and comes to the bar , and moveth as atturney-general for the people , and yet stands charged with articles of high treason , and hath done above a yeer , which is filed in the capital office against him , and others , for acting traitorously against the commonwealths peace , which is the peace of the people , and against english law , and that he is not by the people called to the bar to be convicted thereof as our enemy , and ought to be , or else by law acquitted , and his complices : for as m. cook said concerning the late kings tryal , that mercy to the wicked is cruelty to the good , and he was a counsellor of grays-inne , employed by the state , which could not be unknown to m. prideaux , but since gone for ireland . but fellow-souldiers , as you have promised us in your letter , and in the declarations , you must help us against these destroyers of us and ours , and you also , if they can . the bishops ( by the consent of most ) were voted out , for that they were antichristian , and also destructive to the english liberty , peace , utility , and freedom , and all their pontifical robes , orders , and garbs : yet see , the secular judges wear the ancient habit of the ecclesiasticks , because first it was used by the ecclesiasticks , who have been clerks , justices , keepers of the great seal , wardens of the kingdom , treasurers of england , masters of the rolls , yea justices of eyre and of assize ; yea some of these , as hugh of pashtul clerk , made justice of england by henry the third . thus you see popish tythes , and popish holy-days , and popish habits or vestures still maintained in all courts , in sight of the scotish banners , where you may finde popish antichristian customs and manners . the clerks who such writs dictate , write , signe , and give counsel , they were restrained by pope innocent the fourth his decretals to assume church-dignities : since then the multitude of clerks ran to the hearing of the secular laws . hence it is that the ancient habit of the secular judges was the same ( and yet is ) with that of the ecclesiasticks ; as francis white , who printed a book for the sacred law of the land , expresseth , in the , , . for which he cites d. wats gloss . ad paris . faith william of bussey , seneschal and chief councellor to william of valentia , would have loosed ( says the same monk , meaning john mansel , in henry the third's time ) the stays of his coyf to shew his clerkly tonsure , his shaven crown . therefore as in israel's time when the law of truth was found in the priests mouth , and no iniquity in his lips , in peace and equity he walked to god , and turned many from iniquity ; but since went out of the way , and caused many to fall by the law , and kept not gods ways , but became partial in the law ; therefore god made them to be despised and vile before all the people , mal. . , , , . since the priests lips should have preserved knowledge . and hath not our clergy ( in our remembrance ) been in as great places , and honour , and have come to be despised , for being partial , and causing many to fall by the law ; and are they not gone and despised , and since that the king gone and despised for being partial in the law ? and causing many to fall by the sword , whom the law would have preserved ? and since is not the parliament not onely purged but dissolved ? for that if ever any had known the law , or if ever any walked in the truth before god in peace and equity , they should , and not corruptly and partially gone contrary to truth , peace , and law , and equity ; and by their evil example encouraged others so to do , to provoke englands misery , and cause themselves to become despised and vile in the eyes of all the people , and their fellow committee-men and their children to be despised ; which they have and will finde , as sure as we have seen the scripture mentioned fulfilled . wherefore london , let the prophesie of ninevehs fall or ruine be thy warning , nahum . . , . wo to the bloody city , which is full of lies and robery ; and know , as solomon faith , prov. . , . to do justice and judgement is more acceptable to the lord then sacrifice , and that the robbery of the wicked shall destroy them ; for that they have refused to execute judgement . and all you corporated companies , know that you are exhorted to accept of this warning , as you are citizens concerned with your masters and officers , left you come also to be dissolved and despised ; but especially you of the sadlers , who have been sought by petitions and letters for peace sake , but made stiffe your necks against it ; take you among the rest notice , that this babylon of covetousness , oppression , defraude , and partiality , and hypocrisie is not falling , but fallen , for because of the multitude of the fornications , of the harlots as the prophet nahum expresseth it , who is beautiful , and a mistress of witchcraft , and selleth the people through her whoredoms , and the nations through her witchcrafts , which rev. . . to the verse , may fitly be applied , cried by the angel : and he cried out mightily , saying , it is fallen , it is fallen . babylon that great city , and is become the habitation of devils , and the hold of all soul spirits , and a cage of every unclean and hateful bird . for all nations have drunk of the wine of the wrath of her fornication , and the kings of the earth have committed fornication with her ; and the merchants of the earth are waxed rich of the abundance of her pleasures . and the kings of the earth shall bewail her , and lament for her , which have committed fornication , and lived in pleasure with her , when they shall see the smoke of that her burning ; and shall stand afar off , for fear of her torments , saying , alas , alas that great city babylon , that mighty city : for in one hour is thy judgement come . and the merchants of the earth shall weep and wail over her : for no man buyeth their ware any more . the merchants of these things which were waxed rich , shall stand afar from her , for fear of her torment , weeping and wailing , and saying , alas , alas , that great city that was clothed in fine linen , and purple and scarlet and gilded with gold , and precious stones , and pearls . and every ship-master , and all the people that occupie ships , and ship-men , & whosoever traffick on the sea , when they see the smoke of that her burning , shall say , what city was like unto this great city ! and shall cast dust on their heads , and cry , weeping and wailing , and say , alas , alas , that great city , wherein were made rich all that had ships on the sea , by her costliness : for in one hour is she made desolate . who is wife , and he shall understand these things ; prudent , and he shall know them ; as was said concerning the destruction of samaria , hos. , . for , the ways of the lord are righteous , and the just shall walk in them ; but the wicked shall fall therein . and since you secular judges retain not only the habit of that babylonish strumpet , but much of her popish impudence of customs and manners ; i will chose up this appeal , & protest against anichristian babylonish ecclesiastick brats & merchants of england , who are rich made through the abundance of her delicacies , and that are clothed in fine linen and purple , and scarlet , and decked with gold , precious stones , and pearls , with psal, . let not the heathen rage , or the people murmure : be wise now therefore , ye kings ; be learned , ye judges of the earth ; serve the lord in fear and rejoyce in trembling . kiss the son , lest he be angry , and ye perish in the way : when his wrath shall suddenly burn , blessed are all that trust in him . postscript . should i have further stirred in this puddle of iniquity , and have set downe the partial report made for hurst and ireton , and the affidavit recorded by edw. miles , which spoyls them both , and the several orders upon their several motions , and petitions , and mis-informations , entred insinuated and inserted , they would have edified but little : and such who know chancery-proceedings , know the lying and lucrous ends and drifts of such motions , mis-informations , and orders , and reorderings . but i humbly intreat sheriff underwood and his partner , in time to consider of the malitious dealing of john hurst , who durst betray his masters into amercements , against law or equity , my bill being dismissed , and costs paid some dayes before , above a week before hurst amerceth his masters , yea . dayes , and a dismission inrolled is not to be altered , it being a final sentence of the court , as you may read in a book called the practice of the high court of chancery unfolded , printed . page . let all men be hereby advised , who have any estate , to settle it , and that surely , that so trouble may be avoided , and their children may be provided for , and not strangers and lying lawyers filled with their estates or increase , they eating up the childrens bread . in the book named before , page . the counsel that mis-informs the court in his motions , or moves , not informing the former order in the cause , hath had his order so misgotten thereby vacated , and costs awarded to be paid by himself or his clyent : by himself , if it lay in him to have informed himself better , or else by the clyent , who mis-informed his counsel ; the court being hereby much troubled , and the suiters delayed , desiring an end of their suits , and not movere and promovere : but apparant it is that such motions onely as tend to the end of the cause , and not to put it out of the way , are good for the suiters and ease of the court . truth is strong , and will prevail , believes yours nathanael burt. finis . an act for reviving an act impowering judges for probate of wills, and granting administrations public general acts. . england and wales. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e b thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) an act for reviving an act impowering judges for probate of wills, and granting administrations public general acts. . england and wales. sheet ([ ] p.) printed by john field, printer to the parliament. and are to be sold at the seven stars in fleetstreet, over against dunstans church, london : . dated at end: tuesday, july . . ordered by the parliament, that this act be forthwith printed and published. tho. st nicholas clerk of the parliament. continues an act passed on may , until october . steele notation: au- bate hundred. reproduction of original in the henry e. huntington library. eng law -- great britain -- history -- early works to . courts -- law and legislation -- england -- early works to . great britain -- politics and government -- - -- early works to . broadsides -- england a r (thomason .f. [ ]). civilwar no an act for reviving an act impowering judges for probate of wills, and granting administrations. england and wales a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion blazon or coat of arms an act for reviving an act impowering judges for probate of wills , and granting administrations . be it enacted by this present parliament , and the authority thereof , that one act made this parliament since the seventh of may one thousand six hundred fifty nine , entituled , an act impowering judges for probate of wills , and granting administrations , is hereby revived , and the powers and authorities given by the said act , shall continue until the tenth day of october one thousand six hundred fifty nine . tuesday , july . . ordered by the parliament , that this act be forthwith printed and published . tho. st nicholas clerk of the parliament . london , printed by john field , printer to the parliament . and are to be sold at the seven stars in fleetstreet , over against dunstans church , . the true primitive state of civill and ecclesiasticall government discussed and cleared also a vvay briefly propounded to reconcile the saints, by what names (now) soever distinguished, in unity of doctrine and discipline, according to our covenant in a government neerest to the word of god. d. p. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing p ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing p estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the true primitive state of civill and ecclesiasticall government discussed and cleared also a vvay briefly propounded to reconcile the saints, by what names (now) soever distinguished, in unity of doctrine and discipline, according to our covenant in a government neerest to the word of god. d. p. [ ], , [ ] p. printed by robert ibbitson ..., london : . "the epistle dedicatory" and "to the reader" signed: d.p. "march . . imprimatur henry whaley, advocate." imperfect: stained and faded, with some loss of print. errata: p. [ ] reproduction of original in the harvard university library. eng church and state -- england. great britain -- politics and government -- - . a r (wing p ). civilwar no the true primitive state of civill and ecclesiasticall government discussed and cleared, also a vvay briefly propounded to reconcile the sai d. p c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - taryn hakala sampled and proofread - taryn hakala text and markup reviewed and edited - pfs batch review (qc) and xml conversion the true primitive state of civill and ecclesiasticall government discussed and cleared , also a vvay briefly propounded to reconcile the saints , by what names ( now ) soever distinguished . in unity of doctrine and discipline , according to our covenant in a government neerest to the word of god . with all lowlinesse and meeknesse , with long suffering , forbearing one another in love . endeavouring to keep the unity of the spirit in the bond of peace , ephes. . , . for by one spirit are we all baptized into one body , whether we be jews or gentiles , whether wee bee bond , or free : and have been all made to drink into one spirit . cor. . . imprimatur march . . henry whaley , advocate london printed by robert ibbitson in smithfield near the queens head tavern , . to the right honourable the great councell in parliament now assembled , and the councell of state . right trusty , and right honourable senators . i and not i only , but many farre more considerable , have been spectators of those intricate mazes , and indefatigable troubles , which you as our worthies , have for above these six years past undergone , not to be paralelled to any time , save that of israels deliverance from pharaoh out of the house of bondage , which you as so many noble instruments , by the strength of the arme of the mighty god of jacob , have performed to the present accomplishment for us , ( as great a deliverance . ) for the which blessed be the god most high , as also for that after so great winnowing , there yet remains so considerable a number of you found faithfull to your trust , and though this may be esteemed by you honourable worthies , a boldnesse in the presenter ( neer unto presumption ) to mention your honours names in this epistle , for which i have nothing to plead for in excuse , but this , namely , that your honours are neerly and greatly concerned in the subject matter of this ensuing discourse , which if he , that is the head of all principallities and powers , the mighty counsellour , by whom princes decree just things , shall strengthen and guide you to follow : i , and not i onely , but all conscientious men , and true christians , shall therein have their desires , and you their prayers : so resteth your most humble and devoted servant , not worthy to be named , as considerable : d. p. to the reader . i had a great dispute in my spirit in this very nick of time , whether ▪ i should speak or keep silence , & that not only because in these evill dayes vanity and troth , not truth , is either through prejudice or willfullnesse approved and extolled amongst men ; but also through a sence of my stammering imb●cility , at being unlearned in humane sciences , i was afraid to shew in publick this my opinion : for i sayd in my thoughts , that dayes should speake , and multitude of yeares should teach wisedome ; but since i understood that it is the inspiration of the almighty that gives understanding ; i durst not smother that little light under a bushell , which he hath as a talent given me to improve for his glory and the common good : upon this ground then i have adventured to cast my mite into the publique treasury , presenting these ensuing lines to thy serious perusall ; the principall theame and substance of which is to shew how this our tottering fabrick both in church and state , may againe be re-setled upon the sure basis of a true primitive institution : and here if in this transaction i have not so managed it , as a businesse of so great importance doth require ; i hope my former acknowledged weakenesse will plead for me a favourable excuse , if not acceptance : and lest a string of reproofe by any over-winded expressions in this my booke may sound harshly in the eares of some , so as to hinder the melodious harmony of an intended union by me held forth ; i shall endeavour againe to loose it by an ingenuous acknowledgment . for i professe as in the presence of god , i am no enemy to any mans person , being sorry to see , much more to use either the name of a leveller , or presbyter , ( having in both very loving friends ) if i could by any other names distinguish them to a vulgar understanding , which yet are justly to be blamed and withstood , because they go not the right way to a civill or ecclesiasticall pe●ce . there is onely one word that hath escaped me , that probably may give occasion to some to take off●nce ; and that is in the . page , towards the end , where quoting the prophet hosea , it is said , that god hath justly given up these men , that is to say , some of our conceived wise diviners , and pretended prophets to folly , and a dog raging madnes rather then a rationall or christian spirit . and heere i could wish i might not say so of some which bite and snarl at their brethren , not shewing yet any true reason wherefore : but god forbid i should say so of all ; and truely because of offence , if it could have beene timely prevented , i would have said so of none : yet is this a terme the holy spirit hath used in way of reproof of some of the same function , though in another case , when he calleth them both dumbe and greedy dogges ▪ and againe for feare of mistake , because i have desired there might be no imparity of persons in the ministry in reference to humane learning , that therefore i should be thought an enemy to learning ; no certainly , i could wish the universities might bee kept up and maintained in their former luster , that so as god shall bring forth by the hand of providence , we may by such a common and comendable gift still finde instruments that in some cases might bee more usefull then others either in church or state . and lastly , though i have highly commended the excellency of this outward forme , which indeede ought to be observed ; yet i hope none is so ignorant as to thinke that the true glory and beauty of christs church is not more principally within ; but since both are concerned in reference to the outward and inward man ; therefore it was that israels deliverance out of aegypt was a deliverance in an outward way of worshippe for both ; upon which ground it is not to be doubted that through the great power of our redeemer , wee shall at this time not onely have a deliverance in the inward , but also a freedome of the outward man , else should wee have nothing wherewith voluntarily to tender as a worshippe to god : for these reasons , as also for some occasionall faults in the printing , i have contrary to my intended purpose presented thee with this epistle , wishing a favourable construction of the whole at least , or of my good intention herein : and so i shall ever rest , thine to command in the lord . d. p. errata . page . line . for counties read countries . p. . l. : for surplace surface . p. . l. last leave out thirdly . page the last , line the . r. secta●●●s truly so called . the true state and forme of government , civil & ecclesiastical discussed & cleared . not long since there was in publicke , a little book intitled , a shrill cry , for the resolve of queries , in which , with many other things touching the covenant &c. very considerable , there was inserted , the primitive institution and supreame end , of a civill and ecclesiasticall government , in a more full pursuance then of what was there so briefly presented , i shall indeavour in this insuing discourse , to hold forth these particulars , as very necessary further to be discussed and cleared in these times . first wherin each particular government , with their distinct and peculiar interest doth a part consist . . in what particulars they may harmoniously accord . . some probable meanes propounded tending to settle each in their primitive glory . to begin then with that government which is called civil . first acted upon the theater of this world , yet in force , which as touching the forme since , hath been very contingent & uncertaine . god sometimes deputing one as supream to give out lawes , and rule the nations . sometimes permitting others by right of conquest to impose laws , upon the subdued multitude , some were elected kings , to whose lawes the people voluntarily submitted . others by their representatives proposing laws to these elected kings , by which they would bee governed . and lastly some few have been elected in severall counties to governe and transact for the good and benefit of the whole . these and such like , are usually distinguished by the names of monarchy , aristocrasie , democrasie , &c. the reason of which variety , hath been the universall corruption of humaine flesh . governours being drawne aside by their own concupiscence , through ambition , and self-interest , and other causes , to pursue ends destructive to common-safety . but from the beginning it was not so , for if man had stood , the most pure and primitive had been that of monarchy . adam being intrusted under christ to weild the supream scepter of this terrestriall diademe , which probably might have continued to all succeeding generations . the subject matter for which government , would have been his owne off-spring and fellow creatures . the forme most excellent , each minister under him in their proper place , orderly and sweetly dispencing an equall distribution , to god , and each particular being . the rules and bounds for which , was the law of nature , reason , & morallity . the disciplin was by instruction , exhortation , example , and such like , to draw forth and exercise daily the intellect of all intelligible creatures in the things before recited . so as from non-age , to ful-age , each particular according to their measure and proper place , might become serviceable to the universall and publicke good . there being yet this difference in the state of innocency ( though continued ) between adam and his progeny , that as he was created a perfect man , his internall faculties was acted readily from himselfe as several objects and relations were presented in their time and place , whereas his posterity stood in need of a continual inculcation of instruction from others , before they could act their inward principle , dexteriously , and habitually in a way of nature and reason , to which , other parts of discipline before expressed in this state of corruption , is necessarily to be added , sharpe reproofes and severe corrections . the next and last particular appertaining to this government , is the supream end : namely the preservation of each mans propriety in name , goods , and other things of this life . and herein the particular and intire interest of this and all other civil sanctions doth consist . a first testament and covenant once in the power of man to keepe most perfectly , which since through weakenesse of the flesh , fruits and effects of the fall , is now impossible , precisely to be performed : all men in nature thereupon by a just sentence , as under the first breach of this law , becomming children of the curse , wrath , and death : wee need not wonder then at the revolutions and changes of government , since every thing else now is restlesse , untill it returne to its primitive and supreme center , from whence there was suddainely so great an apostacy , that the whole earth was filled with violence , insomuch , immediately after , mans commecall scheane of terestiall glory , became dissolved into a watery tragedy , a few inconsiderate persons for number , only excepted , preserved from being overwhelmed in that universall deluge , which no sooner by multiplying had againe filled the surplase of the earth , but the like universall corruption appeared : all fixed principles for pure nature , reason , and morallity , was by it eaten out , and became obliterate ; which doubtlesse was the cause why god in the next age did againe minde the same through the figure of circumcision , as also , not long after in that terrible manner upon mount synaia in iudea , the hemispheare of nations , give out his law , to shew man once more , not onely from whence he was fallen , but to stirre him up thereby to his former duty , the matter whereof was engraven in tables of stone , evidently to be seene and read of all men . and although heere againe , the forme of this government then was monarchicall ; yet was it not therein an indisputable president and patterne for other nations or succeeding times , for though it should be admitted that this was most primitive , and in gods esteeme most excellent , either in adam , and those other anoynted kings , to whom extraordinary assistance and abilities was given for performance of such a trust , as particular types of christ : yet experience tells us through changes ; and reason and providence dictates no lesse ; that where this immediate divine assistance is wanting , to guide any single supreme in evill times of defection , that government proves dangerous , and those governours probably most safest for that people , which shall through providence be admitted to rule , after a sensible feeling , and late deliverance with them from under a yoke of tiranny : it not to me seeming likely , that such who have seene justice done upon others , themselves in it being instrumentall , should through tiranny by any law , make heavy yokes for their brethren , and in it their owne posterity ( which if ) they would be most inexcusable , because they of all other , in this latter age of the world have seene most examples and presidents of the good , and evill of government : thus much then of the first particular , in which is briefely shewed the ministers , matter , forme , lawes , discipline , end , and intire interest of all civill government , both at first and since , which because it was held excellently forth in the common-wealth of the jewes : it was called a sanctuary a yet worldly and fleshly , far different from that , which concernes the inward and spirituall man , which though the ministration of it be in the flesh ; yet it is not after , nor for the present , little appertaining thereunto : it being untill the day of our bodily redemption , b under the discipline of the first testament ; for corrupt flesh , as all now is , must as grasse and the flower of the field , first wither , become dead , & vanish away in the judgement of those , which are to be fit matter for the second and new testament , for the body c must be dead because of sinne , when the spirit is to live for a better righteousnesse sake . and so i come to the second particular , the government ecclesiasticall , which imediately receded the other in the infancy thereof . the instruments and formes whereof , hath also beene various before the time of christs fleshly presence ; the reason of which was , the good pleasure of the fathers will , the divine mystery of his grace , since revealed to us in the fullnesse of time , for the most part hid in d him , whose dispensations & works alwayes appeare most perfect in the end . during the infancy and minority , of the mysticall body of christ the church then begun ; it seemed good to him here and there to enlighten , and by a secret and inward call , to seperate and segregate from the common masse of mankinde , such as should hold forth according to the measure of faith then dispenced , the word of life : that in divers wayes , manners , e and formes of discipline , were made instrumentall in their generations , to congregate as time and place afforded , the children of truth . gradually first preparing , and then through union of affection couching them in their due place , as so many pollished stones , upon that precious corner , and first foundation stone of the spirituall temple christ jesus : i purpose not here for brevity sake , to write severally of the particular formes in those ages past ; but rather with the * authour of that forenamed pamphlet , i shall fall in with his method in that forme since , as a government for us more practically imitable : it was evident then according to scripture , when the full time appoynted of the father , for the spirituall liberty and age of the church was come : he sent forth his sonne into the world , cloathing him with humane flesh , and in the substance and shape of man put him under the law : that in his pure flesh , in mans stead , and for his benefit , he might actively and passively performe , what god or man , by any law could possibly require ; and though he knew no sinne , neither was a transgressor of any law ; yet he being instrumentall in the creation of man , the first , and supreme * head of man , by relation a * brother to man , and by a peculiar right had an interest in man ; it was both just and reasonable , that he onely as the fittest person should principally transact the affaires of man , and for that end , he was by god in the behalfe of all fallen man , imputed a sinner , numbred amongst transgressors , made a curse by suffering upon the crosse , as a thiefe and murtherer , that so thorough this , gods peculiar ordinance and acceptance , he might no more remember or punish eternally the transgressions committed against the first testament ; as also to give a sure ground of future hope , that the bodies of the faithfull one day , shall be perfectly redeemed from the power of sinne , death , and the devill , unto which by a righteous sentence , they became with others most miserably captivated , with all to give good assurance to all such , by the death and sealing bloodshed of this sonne of god , which was appoynted to be both the testator and mediator of the new covenant t eternally stablished upon sure promises , their spirits once cleansed from the filth and guilt of the old : may now by a new and living way thorough the vaile of his flesh , have a free passage into the most holy sanctuary and presence of our heavenly father , in the glorious liberty of the sonnes of god ; and for that end this our great high priest and apostle of that faith , which wee should professe during the time of his abode upon earth , he made it his own ; because the fathers worke , to dispence light according to his will in matters of this nature , that so by it , he might publiquely gather unto himselfe all those children of god that were capable subjects for an audible administration ; and for that cause he was pleased to elect , not onely twelve principall , but many others , to whom he did impart those mysteries , that they might afterwards as good disciples and scribes before instructed , communicate the same . upon whom after his ascention he poured out his spirit , in the dispensation of extraordinary gifts ; that so by them the foundation begunne , and forme prescribed for such a sprituall structure might successively be carried on in all succeeding times , untill the very top stone should be layed , and grace , grace , cryed thereunto : it s easily conceived then by that 's past , who were the mr. workemen , and what was the matter for this building ; but for evincing a double mistake in our pretended mr. builders : it s necessary the matter of it be a little further considered : it being affirmed by some on the one hand , that all persons in a nation ; yea infants are fit materialls for this caelestiall fabricke : the folly of which opinion appeareth , in that it is not onely contrary to the practice and direct precept ; but also the true nature and end of this institution by christ : besides , what benefit can acrew to infants , and others almost as uncapable to be made members by any initiating ordinance , since they are in no capacity ( through naturall weakenesse ) visibly to doe or receive any good , neither hath god at any time , or anywhere ( as is falsly by them premised , engaged through an unwarrantable use of baptisme , to wash away originall sinne , regenerate , visibly unite to himselfe , and save infants ; for why then doth not answerable effects follow : time quickly shewing that many thousands so baptized , become abhominable and reprobate to every good worke : strange therefore it is to see how these men have been pusled to evade the cleare light of this scripture ; go discipline and baptise , and that other scripture , he that believeth and is baptized shall be saved ; but to these persons it seemeth fulfilled , if they injoyne others to professe faith for them , which visibly have none ; as if one mans bare profession , which is not probably reall , were with god meritoriously saving for others , in like manner are they pusled about circumcision , which they say baptisme cometh in the roome of , when its clear to them which wil understand , that circumcision was no initiating ordinance for a church , and gospel fellowship ? it being but a signe of an externall covenant and stipulation made with abraham and his seed , for a revive of the first testament , touching a civill and unblameable conversation in the flesh : for sayth god , my covenant shall be in your g flesh : so that all israel after the flesh , by the law gendering to bondage , were not israel after the spirit , borne of the free woman , gendering to a spirituall liberty : and this i am induced verily to believe , for these reasons , viz. first , because all those that partook of circumcision , by scripture proof were rigedly bound to a personall and perpetuall performance of the morall law , in reference to the outward man h which our saviour yet testifieth , none of them did * keepe , nor indeed could , as they might the ceremoniall and other lawes . secondly , from the nature of the law it selfe , which in scripture , is compared to fire , hammer , sword , &c. whereof circumcision was a figurative signe , shewing it to be no lesse then a keen cutting instrument , through the penalty , which by a secret insition was to seperate that caule , skin or film spread over the spirit , eye , & judgement of reason , at first occasionally entering in by the sences , & now through custome being so habitually contracted in mans nature , as it proves to some many times an incureable disease . i necessary it was then , that from the eight day of the wombe , at the first budding of the sences they should bee gradually and regularly disciplined accordingly . and as for time , so for place , this signe was very significant , it being done there , from whence instrumentally was to bee acted , the strongest and most burning lust of humane and naturall concupiscence , the difficulty in suppressing which , and the danger of neglecting , was secretly hinted by the paine , sorrow and bloodshed in this ceremonial transaction , neither is the persons lesse observable , god shewing by such an administration , that it was the male , not the female that was first intrusted , from whom as the head and stronger vessel , he cheifly of him required performance , or else his blood must go , or some others for him must doe and suffer , what in gods account is a satisfaction equivolent . thirdly , when circumcision and the law , was most in force , and highly exalted , and through a sence thereby of mans weaknesse , though it became instrumentall to beget as upon hagars knees faithfull children unto abraham : yet gospell and evangelical righteousnesse , as a spring and river of life , sweetly , yet secretly was then running under allegories , tipes and ceremonies , in a ministration distinctly differing from the former , for they all dranke of the same spirituall rocke that followed them , and that rocke was christ , and they all were baptized as wel as circumcised , though mistically under a cloud and in the sea , where water and not blood , was the materiall substance of this ordanicall sacrament . fourthly , from the nature and end of baptisme it selfe , which is not to bee paraleld so , as to come in the roome of circumcision . the matter and manner of which holy institution , presenteth to our view and serious consideration , these severall things following . first , that it is neither circumcision , nor any other ceremoniall reparation , but an absolute sacramentall dissolution of our bodily elements , into their first principles , as best suiting with a visible gospell administration , from which secondly , was lively represented to the eye of faith , not sence , by the death of the body , a spirituall freedome from the imputation of sin , * power of the law , curse , death and the devill . the ground of which , is this , in that god at first gave this law principally to be binding to the sensitive and weaker part , the inward man from it being destinct , although united , makes but one person l upon which the outward , being first in the transgression , and by occasion an inlet of sin to the other . it pleased god , to impute that sin , and charge the punishment upon it , when yet by a decreed union . if faith in an unexpected promise had not intervened , the inward had also been in the same predicament , from the neernesse of which union of these two destinct natures , there is a communion of operations and proprieties , so that what may be affirmed of one and the same person , at one and the same time , in referrence to one nature , may be denyed of the other , so that by one he may be said to be earthly , dead under the law , &c. and by the other , he may be said to be yet heavenly , not living under that law , holy , blessed , and under the protection of god for ever . and yet again , where faith in a promise is not , there a person in both natures is perpetually miserable , but where it is , that person in both natures , is eternally happie . yet in order , first the one and then the other , this then asserted is cleared , if we observe that when god came to execute judgement , he progressively past sentence upon that which was the first occasion of sin , beginning with the serpent , then the woman , and last of all , with the earthly man , making good his former threatning , that in the day it did eat , it should die , for earth it was , and to earth it should return , which was the substance of the outward , not the inward m man . thus then this exact compounded elementarie substance , at first a fit instrument for the celestiall spirit , to transact a terrestial service , being under the sentence of death , it became not only unserviceable through a declining weaknesse , but it caused also a spirituall death , dulling the edge and quenching the sparklings in the intellect of the divine off-spring , for the cheering and reviving again of which , he was pleased by a promise in a blessed seed of the same substance , to give hope to the one , by dying , of a better resurrection , and through the quickning spirit , for the present to give the other deliverance from a sinful captivity . now a figure of this death of the body was lively held forth by the bodies & blood of beasts , which were to be offered up in sacrifice , as a present attonement for the reprieve of all sublimary created things of the same elementary substance , until the substance of that which was chiefly tipified and intended , namely the body of christ ; in which as a spiritual publike person , all the bodies of the saints was included , in the offering up of which , the wil of god being done , he hath consecrated for ever ( through that will ) those which by faith in his blood were sanctified . thirdly , baptisme was also ordained , that it might be not only a similitude of that union and communion of the body of christ with the faithfull , but also that it might hold forth by this union to a visible part in the behalf of the rest of the members of the invisible body , a community of the same spirit , vertue , life , resurrection and glory , of the head . and this we find excellently set forth to us ; worthy our serious perusall , in the sixt and seventh chapters to the romans , the apostle in the seventh shewing , that now the first husband the body , to whom the spirit by union was marryed , it was dead to the law in the body of christ ; so that now the spirit without being counted an adulteresse , might make choice for a husband him that is raised from the dead : that by such a union it might bring forth fruit unto god , for faith he , when we were in the flesh , the affections of sin which were by the law , had force in our members to bring forth fruit unto death , but now we are delivered from the law , he being dead , that is to say , the body , in whom we were holden , that we should serve him in newness of spirit , and not in the oldnesse of the letter . fourthly and lastly , by the water in baptisme , covering the earth of mans body , it being plunged therein , was further signified , the sanctifying and renewing again of the body through that spirit , which by a first moving on the surface of the waters , gave being in the creation to all things of the same elementary substance , which should be as certainly performed , as mans body came forth of the waters ; a sure testimony of which was evident in the head , and others the first fruits of the same : by this then as i conceive , hath been confuted the first error , shewing that infants and many others , upon these grounds , are not fit matter for a visible church or congregation , and though i have in this exceeded an intended brevity , yet in things so greatly important ; it will i trust be excusable , for this seriously considered will put an end to those bitter long disputes , and voluminous treatises about the law , and gospel . gods seeing , or not seeing sinne , in reference to the one , or the other covenant , &c. the error on the other hand is , in some that conceive them only fit , which for knowledg and practise are seemingly more eminent , whereas at first a gospel conviction , and need of a christ , and a voluntarie submission to his government , for a further instruction through doctrine and discipline was a good ground of admission . for christs kingdom in the church , is a kingdom of grace , long-sufferance , and meeknes . the subjects whereof at first are very rough hewed , not polished stones , weak in knowledge , and many times more in practice . those ministers and strong christians then intrusted , ought to bear the infirmities of the more feeble , carrying these lambs in the bosome of love , leading gently , and guiding these younglings in grace , like good pastors , so truly knowing the state of their flock , as to distinguish them by their names , natures , and manners , that so he might accordingly feed them with knowledge and understanding ; not in civill contentions , but evangelicall conclusions , but how rare are such at this present , & what plenty of those shepherds that god so * passionately and pathetically reproves in ezekiels time , that he said , eat the fat , and clothed themselves with the fleece of the sheep , but did not care to feed ▪ so as to strengthen the weak , heal the sick , binde up the broken , bring again that which is driven away , neither sought that which was lost , but with cruelty and rigour did they rule them . the lord himselfe then the great and living shepheard , there promiseth to supply their place , and doe that for his sheep which was neglected by those evill shepherds , that is to say , to lead them into green gospel pastures , refreshing them with the sweet and pleasant springs of salvation , strengthening the weak , healing the sick , &c. as it followeth excellently in the same chapter . the next thing then to the matter , is the form of this government , which was first , those ministeriall officers , as to be ordinary and perpetual , were pastors , to instruct and teach . deacons , to collect , keep , and disburse the publike stock . elders , among themselves to over-rule and end all civill and occasionall differences ; seers , to watch over each particular member , which was to present , as need required , the true state of things to the church ; there was also a forme of sacraments , one of baptisme , of which is already spoken . one other and main end of which was to distinguish all visible members within , from them without , putting such into a visible capacity thereby of those benefits before exprest , to which then was added the sacrament of the lords supper , through which , those before baptized were made to drinke into that one spirit , which spiritually quickned it by faith in the blood of christ , running through the veins of the whole body , typically represented by way of communion in the element of wine , to the very senses of the faithfull , all those benefits of christs death and resurrection , which upon frequent meeting they were publikely to hold forth in remembrance of the same . after these , next in order was the forme of doctrine , that is to say , first , to acknowledge god even that father of whom originally and effentially were all things either temporall or spirituall , according to whose supream will , all the distinct families in heaven and earth was both ordered and named ; as also that jesus christ his first begotten son , was that person by whom all things was made , is now preserved , redeemed , and shall again , what belongs to him , be restored ; for which cause he descended , suffered , ascended according to the scripture , sitting now at the right hand of god , untill all enemies are made his footstool , which once performed , he shall then deliver up the kingdome to god the father , which then shall be all in all to the whole body , filling every part according to their measure with his owne fullnes ; as he now doth the head , for the effecting of all which glorious promises , in the behalf of the holy visible , invisible , militant , and at last triumphant church . that there is one infinite , invisible , incomprehensible , most omnipotent spirit , which is that of the fathers , communicated to the son and from him , as head , to the whole body . the fift was the form of discipline , which was this , every officer in their proper place , through meeknes and love , by exhortation , instruction , reproof , and if need require , with consent of the church , through excommunication , to use their utmost endeavour to present such , who have voluntarily submitted unto their government , blamelesse in the day of christ ; and then the last of all is the supream end , namely , the preservation of each saints propriety in their spirituall names , priviledges and benefits of an eternall life , so as each member in their proper place , may according to the effectuall working and power , which is in the measure of every part , receive the increase of the body unto the edifying it selfe in love , untill we all meet together in the unity of faith , and that acknowledging of the son of god , unto a perfect man , unto the measure of the age of the fulnesse of christ . thus as briefly as i could , hath been shewed also the governours , government , matter , forme , of doctrine and discipline , with the distinct and supream end , of this ecclesiasticall government of christ . the third thing promised to be considered was this , in what respect these two governments , so diametrically opposite , as heaven and earth , may yet agree and dwell together in a nation , city , family or person . first , they may agree in this , that the son of god is constituted , and by publicke inauguration , is crowned and anoynted king and head of both these principallities and powers , with their severall instruments , and weapons , whither carnall or spirituall . secondly they may accord in this , that the spirituall deserves the right hand of fellowship , since all sublimary things had a being with the externall , for ends subservient to this , which when it shall perfectly be accomplished in the nations . this exterior government shall be dissolved and cease . the kings and rulers of the gentiles rejoycing to bring their glory to it ; casting their crownes at the feet thereof , as a due hommage to this eternall excellency . * thirdly , they may sweetly ecco in this , to pray for , rejoye in , and wishing well , to the prosperity and peace of each other . and fourthly , they may be unanimous in this , namely to assist and preserve each other , in their distinct sphere and equipage , so that god as supream may have his due , and man as subordinate his . fiftly and lastly , that they may and ought to assent in this , that each person in respect of his outward man , is under the command , approbation , and punishment of a civill state , as it shall act publickly for the good , or to the apparent prejudice of the same , when at the same time the inward , in matters of faith , as they concerne another life , is under the command , approbation , or punishment of the church , whereof he is a member , as it shal publickly act for the good or the apparent prejudice thereof . thus having past the second , i come to the third . well then , as for the lawfull authority of those governours , that through the over ruling hand of the most high , we are at this present under , i dispute not . of which , those that are doubtfull and desire to be informed , may do well to read that forementioned * sheet or two , which perfectly speaks my judgement therein . this premised , i proceed to the third and last generall head of this discourse , namely first to present by way of proposal to our honourable worthies , some probable meanes whereby their government may be comfortable to themselves , and prosperous to the people . and here with the beloved disciple john , i shall minde them of that which was from the beginning , according to that which hath already been in part , shewed , that is to say , first , that they would aime at the same end , in all transactions , which god did in the primitive institution of a civil government , which briefly was this , that they would be ten commandement magistrates , giving god and man his due , after the two tables , according to nature and reason . secondly , for pursuing of which , because not ubiquitarie , jethroes counsel might be taken , to chuse out in the nation men fearing god , hating covetousnesse , which in their places may judge and determine lesser matters . thirdly that accordingly as at first , there may be a government , not onely magisticall , but sympatheticall , and impartiall . that so it be not endangered to split upon the rock either of a just calumny , or a pusillanimious contempt . fourthly , that for the protection and praise of them that doe well , they would take notice of evill doers , disturbers of publick peace , to make them exemplary for the same , which principally now are the * irreverent impatient restlesse levellers * , or pretended reverend ministerial * presbyters . the first of which , upon what male contented ground , or tumor i know not , indeavour machevile and jesuite like , to divide and distract , and as much as in them lyes to confound the councells of our experienced grave and honourable sennators , out of a pretended jealousie before tryall made , after all their winnowing , may probably betray their trust , which to me , certainly neither the law of nature , god or nations , ever gave private persons such a power , to anticipate and prejudge , the transactions in dubious matters of their supreame governour , which doubtlesse must needs have more knowledge ( through experience ) in the affairs of state then the most extraordinary private spirit amongst the giddy multitud . and as for those other , which pretend to be sacred , calling themselves ambassadors of christ , which if they were indeed : they would never speak reproachfully evil of the rulers of the people , as they do in pulpits , and did in their late letter to the general and officers of the army , a paper , in it selfe most salfe and scandalous , since those that they asperse are publicke persons ; and themselves ( though presumed publick ) are in civill things private , which if no more were said , it was a sufficient answer to their letter . againe , if it should be admitted , that the supream governours , and those under them intrusted * now in being , were an usurped power , and not agreeing with the law of the land , as they falsly insert , yet gods bare permission of such a power , were ground enough not only of submission , but their prayers also . if the precept of the apostle paul be by them thought imitably practicall . but these men presume ( doubtlesse of a more extraordinary spirit ) like the prophets of old , taking upon them to reprove magistrates , which they by visions , many times confirmed by miracles , they had an immediate mission . those being the gods , to whom peculiarly the word of god then was sent . which if they can prove such a calling , they shall be no more private but publicke persons , to whom not only magistrates , but all others in doubtfull exigences should repaire as to the divine oracles of god . but seeing they cannot , it is not a groundlesse , or doubtfull title of an ambassador , or gospel-minister , that in case of a publicke civill breach of conscience towards men , that should free them from punishment , when yet liberty of conscience , in doubtfull matters of faith towards god , remaine still as a rock unmoveable ? therefore i verily thinke , the day of gods just visitation , spoken of in hosea , is come upon these men , in that hee hath given up these deviners and spirituall persons , to a dog-raging * madnes , each pretended prophet , like fools , not knowing the seasons & interchangeable workings of the almighty . but i spare them , as objects for our pitty and prayers , rather then envie , since through their words already , which every where frets like a gangreen , this their madness is in a manner seen and known of all men . fiftly and lastly , the way to promote a blessed settlement in the civill state ▪ is for our honourable rulers not as magistrates , by any coercive power to settle an ecclesiastical * government , but as christians eminent in their places , through a prudent and godly example to improve their utmost abilities , to restore the church to her former beauty , and then shall they be indeed the repairers of the antichristian breach , and restorers of the ancient paths for saints to walke in ; so shall god blesse their government with potiphar for a josephs sake , and as he did the house of obed edom for the arks sake . but it will be demanded , what is the government neerest to the word of god , since one saith , here it is , others there , and some that there is none at all ? i have already shewed that god in all ages hath had a visible church , and that cannot be without a goverement , although it hath not been alike alwaies in forme , nor visibility , but as for that visibility of a nationall church , it having neither matter nor form according to the primitive institution ; it s a government more in name then in reallity , the times of the apostles being then our pattern . i shall therefore in this last series of my discourse , as a second branch of the last particular , first , sum up all that hath been said touching this primitive ecclesiasticall constitution of government , in a compendious form , as it was then held forth . and then secondly , the grounds and reasons of the first defection and apostacle from the same . and lastly , propound some means to re-estate the same in its former pureness . as for the first , i thinke i cannot doe better then only word for word to circumscribe what that author hath set down touching the same , in the shrill cry , where after he had shewed that the covenant did not require conformity to a nationall church , because the word of god acknowledgeth no other , but that one visible catholike church , which is in all nations dispersed into congregations and families , that congregation then , saith he , or family wheresoever it is , that in matter , form , doctrine , or disciplin , shal conform to theprimitive institution , that must needs be the purest church , which we are bound by covenant to hold forth in these nations , and that is conceived to be this : when at the first , by the preaching the sincere word of the gospel , so many as heard it that were convinced of their lost estate , by reason of sin , were incited therby publickly to professe repentance from dead works , and faith towards god through the lord jesus , desiring thereupon to bee baptized into the visible church , and under his government , to obey both in doctrine and discipline , what they shall clearly be perswaded to bee his will , and for that end frequently to meete in their severall assemblies , and there orderly and decently exercise each others gifts , for the edification one of another , in their most holy faith , that so upon very good experience had upon such gifts , they might out of themselves , and for themselves successively choose , as they stood in need , pastors and other officers as they conceived necessary to the well-being and governing those who had voluntarily submitted themselves therunto , so that then doubtles this constitution , would have continued as a patterne to all succeeding congregations those extraordinary messengers only excepted , that by their miracles shewed their authority from god , to lay this foundation , and prescribe the forme for this spirituall building , thus far the shrill cry . but for the second , touching the first grounds of apostacy , its evident , that from those very times this defection began , the apostle john testifying , that there was then many antichrists , which by their carriages , doctrines , and cunning practices , did deny the comming of christ in the flesh , which was in truth no lesse then to deny both the father and the son , for he that doth deny the end of christs comming , which was to redeem , inlighten , fanctifie , rule and governe his church after his own mind : doth in effect deny his very comming , as also both father and son , and is a very antichrist . to this also the apostle paul gives testimony , that then this mistery of iniquity began to worke , which first appeared in the defection and apostacy of some of those instruments , that were first intrusted , and furnished with ability to preach the word , which afterward through a satanicall pride , and corruption in judgement began to fall off from the true apostles , usurping authority , not onely over them , but to reigne as kings over the consciences of the brethren , whom then they did in the next place , secondly seduce from the sincerity of the gospell , pretending yet to be the apostles of christ , which paul calls notwithstanding , false apostles , ministers of sathan , transformed into the appearance of angels of light , because indeed they had a zeale for god , after the righteousnesse of the law , but not according to knowledge , in that they could not distinguish between that active and passive righteousnesse of the law and gospell , the one requiring and exacting obedience , when it gives no power to performe , the other freely giving a power to performe more than it at all times requires an exact performance to . besides from the womb of this error proceeded many more , for as in the law so in the gospell , there is such a concatination of gospel truths , that an error in one foundation truth causeth the like in others . so that by falling off to the law though they did professe faith in christ . they had no benefit thereby , through the neglect of the gospel , either of an effectuall vocation , justification , true sanctification , or glorificaon , which was only in this as gods way to be found . the apostle to the gallatians testifying , that notwithstanding their profession of faith in christ , in that they preferred mans righteousnesse before gods , they were yet in their sins , christs death was in vaine to them . and that all his benefits should profit them nothing , which is as was said , all one to them as if they had denyed christs comming in the flesh . and then thirdly having lost the purity of the gospell , they fell also from the forme and discipline of the same , preferring circumcision , before baptisme , not assembling themselves as formerly , refusing communion and fellowship , with those purer churches , dispising and contemning those sacraments , which presented the benefits of christs body and blood , insomuch as the apostle said in way of reproofe , that if a temporall death followed the breach of one of moses laws , how much shall he bee guilty of a sorer punishement , which by the neglect of gospell truths , and ordinances , trample under foot the blood of the sonne of god . finally , after this , corruption in doctrine , there was so great a departure from the faith , that ther followed as universal a corruption in manners , and then the man of sinne , the antichrist not long after came indeed to be revealed ) whose onely worke was , to set himself against and above christ , in all his gospell-ministrations , confounding all primitive order , and forme both of doctrine and discipline , admitting none but himselfe and his corrupt clergy to be sole judges in matters of faith , which did assume to themselves onely the name of the holy church , that so he might the better sit in the consciences of those hee calls the laiety , as if it belonged not to them , either to know or receive any benefit by christ , through a faith of their own , over which he did so lord it , that he compelled them contrary to their owne light implicitly to beleeve and obey , many times those things that were both contrary to nature , law , and gospel . which together with many more horrid abominations , that for brevity sake is here remitted . so then by this , such a thick , and close darknes covered the eyes of the people , that very few had in those dayes any true understanding in the mistery of the gospell ; the gospell then being turned into the law , and other humane traditions , and when that darkenesse began a little to be expeld about luthers time , yet by and by after , there was againe such a confused mixture , of the law and gospell , that it was hard to say which was either : which * luther indeed prophetically foretold should come to passe , through the ignorance of ministers after his time , which since by woefull experience wee have found too true , that covering cherub of antichristian darknesse , still in a great part remaining . thus having shewed in the second place , the rise , groweth , and cause , of continuance of this first defection , it remains now that some meanes bee propounded , according to the third particular , for the re-instating the same unto its primitive purenesse , which now might more generally and easily be effected , if god shall be pleased to give first to our magistrates and then more generally to others , a heart to follow the councel of our lord and head christ jesus , given to the church of ephesus in another case , which consisteth in three things . first to remember from whence we are fallen , that is to say , from the primitive constitution . secondly to repent of all contrary wayes and abominable apostacies . thirdly , to doe our first workes that is , to conforme in all things to the mind of christ , which was from the beginning , for we ought in this ecclesiasticall government , as in the other , to make gods aime and end , in such a spirituall constitution our own , which if we would doe , we must subscribe to his wisdome , accounting it ours , to follow his direction in the same . we read that moses in building the tabernacle , a figure of the jewish church he should doe all things according to the patterne . even so now , if we would build this spirituall tabernacle that is fallen down , so as that the residue of men might seek after god , it must be according to the plat-forme laid down by christ , and his apostles , who was faithfull in all things as a sonne , over his owne house : and truely it were well , if after the same manner , and way of defection and apostacy we so hastily declined downwards , we might now more liesurely step by step ascend up again into this holy mountaine . and here then is first to be considered according to that which hath been formerly hinted , that is to say , the foundation being laid and confirmed by miracles , there was afterwards no need of a succession of extraordinary messengers or miracles , which was at first to confirme the truth of the gospell among heathens and infidels , that then , which was to continne to posterity , unto which if we will conforme it is necessary . first , that all distinctions brought in by antichrist , of persons , in reference to humane learning , so as to make an imparity touching the office of the ministery , be laid aside , renounced , and repented of . as also that custome of laying on of hands , for the formall constitution of any gospel minister , as if he were therby better inabled to preach the truth , be also omited , since the apostles in their laying on of hands did convey not ordinary , but extraordinary gifts . secondly , that in regard of our late confusion there might be appointed a certaine number , that for their abilities in the knowledge of the mystery of the gospell , as also reputed to be of an holy and unblamable conversation , every way quallified according to the rule of the apostle thirdly that these with the assistance of godly magistrates and other christians might make choice in all parts , without respect of persons , so many as they have good experience of their abilities , agreeing not only in doctrine and discipline , but with boldnesse and other parts for an intelligible utterance , that they might be sent forth into all places where there is need , to preach the sincere word of the gospel , and to perform other offices of the ministery without the intermedling with the civill government . fourthly , that all christians which shall live within the compasse of their ministery , being convinced of the truth of baptisme , might by initiation , be first congregated into a church fellowship . and then that all others , as the ministery of the gospel shall be made effectuall , might after profession of repentance , &c. be still added to each particular visible congregation , according to the severall divisions , either of parishes or places equally devided by authority of magistracy , all others , without such a profession and way of admittance , to be accounted as without . fiftly that besides the publike directory for worship , and ordinance of publike preaching for converting of men , some other day might be permitted , or weekly allowed , answerable to the first practice for the meeting of the saints in the participation of ordinances , as also for an orderly and decent exercise of each others gifts , that so by frequent custome their wits through exercise might discern things that differ , that so upon very good experience had of the manifold wisedom of god seen in the saints , they might not hastily ( as they doe now in some churches otherwise commendable ) choose out their officers , especially the pastors , publikely to preach , which might successively supply the place of those that should decease , or otherwise be imployed . sixtly , that all doubtful points about the trinity or others , might by fair and meek disputes especially writing be endeavoured to be cleared to vulgar understandings , as things not to be i●posed without a clear conviction , for writing is more advantagious in that many times for want of boldnesse , quickness of wit , strength of memory , distempered passions , or present assistance , the truth hath been suspended , and the contrary error retained , when by writing such defaults in nature by deliberation may be prevented , and as for inforcing , it ought not to be for these reasons , in that all intelects are not created of one size , all have not one and the same outward means , not the same exercise , not the same impediments to hinder , not the same internall divine assistance , not alike in darknesse through negligence , prejudice , willfulnesse . lastly , all are not by reason therof given up to ajudiciary * blindnesse . seventhly , that such ministers that are imployed for the publication of the gospel , out of some publike stock , might have an equall and considerable allowance , that so they may give themselves wholly to the work of t●e ministry . these and other things seriously pondred and put in practice , it would i beleeve suddenly put an end to all our differences , whether civill or ecclesiasticall , it being according to our covenant , a government indeed the neerest to the word of god , and the best reformed churches , wherein all the faithfull by what nicknames soever distinguished , ought thereunto unanimously to accord ; and as for all those persons that hold tenents destructive to known principles , or a common profession of faith , that in every thing should be cleer not doubtful , are not at first ( in any congregation to be admitted ) or if corrupted after by excommunication cast out ▪ where they remain til manifestation of repentance , ( as heathens and publicans ) which yet still had a propriety in what was theirs in outward things , but if any such persons shal yet pertinaciously maintain such opinions , contrary to the light of nature , reason , and the plaine letter of the scripture , to the disturbance of the publike peace , they are under the power of the magistrate to punish . but to conclude , these things being of so great importance , although for brevity sake , i can but touch each particular here inserted . let us every one now in our severall places and callings lay aside all envie and bitterness , superfluity of naughtiness , that so through meekness and love , we may promote the good of church and state , so shall god be our king and dwell amongst us , and blesse us , so that we need not to fear if the whole earth were gathered together against us , since he is an all-sufficient refuge to his people , as by good experience we have already found , but if we still go on perversly , and oppose him in making factions to carry on private interests , against his peculiar interest , which is the good and wellfare of this church and state , in the behalf of his saints , he will certainly break us to peeces , so as we shall be a scorn and by word to nations . o then that our governours would act their part herein , for who knowes but they might bee distinguished and separated thus unexpectedly from their brethren , and exalted to the high place of judicature for such a time , and season , and work as this , which if they shall not now as wise and godly men improve , they and their houses shall certainly perish : when yet deliverance shall come to gods people some other way . secondly , i wish also that all royallists which hath seen the hand of god lifted up against them and their king , not withstanding all faire glosses on foule matters , would now sit downe and consider these are the dayes of christs exaltation in his saints , to whom belongeth , not only the kingdome , but the greatnesse of the kingdome , for ever and ever . thirdly , i desire that all levellers , which in most of their requests hath been already satisfyed , that they would not now goe about to destroy , what formerly they have indeavoured to * build ; but rather quietly sit down and see what gradually god will doe amongst us . fourthly , that all presbyters that are so violent for a government , as indeed one there ought to bee , would comply in this , which is conceived to be nearest to the word of god , which in many particulars agreeth with that by them held forth . and then fifthly , by this , i suppose , our brethren of scotland , that cry up the covenant , as a thing not in any humane power to dissolve , will be satisfyed , since sectaries , by them so spoken against , are in the right way suppressed , yet is that wch they cal through ignorance , heresie , the true way of worshiping the god of our fathers , but i wish they had alike performed the convenant with us , the letter of which is either conditionall in referrence to the king or other delinquents , or with restrictions , touching reformation in the church , &c. besides , why not in man to dissolve ? since that which is not in his lawfull power to do : namely rashly to mix sacred things with prophane , must needs be in his power upon more serious thoughts to undo , neither is there any condition to make this covenant perpetuall as i read in the fame . but surely scotland will no : through their sence of the covenant pick a quarrel , and ungratefully invade their brethren in england , which if , the lord who hath showed himselfe on our side , will againe i doubt nor decide the controversie . lastly , by such government the civill state will bee settled , antichrist destroyed , prophane converted , the gentiles fulnesse accomplished , the jewes through emulation thereat restored , and so then christs second comming will bee hastened . even so come lord jesus , come quickly . finis notes, typically marginal, from the original text notes for div a e- a heb. . v. . b rom. . v. . c rom. . v. . d cor. . v. , . e heb. i. v. . * shrill cry . * heb. . . . . * ver. . , t heb. . . g gen. . ver. . h gal. . . * ioh. . . . i colos. . v. . . . a good note for a timely instruction of children . isay . ver. , * rom. . v. , , . l for want of a true distinguishing of these natures lit●le of the scriptures and heavenly mistery of the gospel is understood . m for if god had intended to passe a sentence of an eternall death on this breach , since it was pronounced peremptorily without any condition of faith in a promise , which if god had been true of his word ( a thing not to be disputed ) man necessarily then had in both natures eternally perished . it was the earthly part then that lay under that temporall sentence , which before one thousand yeers , gods day , it perfectly expired , from which first sentence it was hourely declining , besides this also appeareth in that the satisfaction was made in the flesh of christ , which through the union was not without extream anguish of spirit , rom. . hebr. . and elsewhere . * after the manner of men . ezek. . zach. . chapters worthy to be observed of all such as are intrusted with the care of souls . * isay to the end . * shrill cry . * despise●s of authority . * not considerable . * more considerable in respect of place . * the general . hosea . more like then a ra●ionall or christian spirit * a thing hateful to god as derogatory ro his word and spirit , he standing in no need at all of man , much lesse a forced obedience especially in spirituall matters . * in com. on gal. pag. . and elsewhere . ● tim. . . &c. * in reference to humane learning . * and now if yet baptisme shall not be thought fit to bee an initia●ion into the church , which doubtlebe is the ordinance of christ , of which no christian ought to be ashamed , for if he had commanded a greater thing , should it not have been obeyed , much more then wash and be clean , however let such as are convinced be permitted their liberty , and let a publike profession at least of repentance from dead works &c. be a note of distinction from the multitude , that so there being an agreement iu all things else ▪ there may be an harmonious communion in this nation , in all the churches of the saints . * upon which ground it were to be wished the civill state first secured , liberty of conscience in matters of faith may be no more bought and sold either in england or ireland . this i speake not out of love to popery , hatefull to god and good men , but out of love to this truth that gives christ this honor to destroy the man of sin , by the word of his mouth , and brightnesse of his glory , it is permission then not a toleration is desired , as the best way also to a civill peace . * that is to say the councel of state , and the parliament , which if dissolved before security of a new election , may be dangerous . a letter written from the tower by mr. stephen colledge (the protestant-joyner) to dick janeways wife colledge, stephen, ?- . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing c estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a letter written from the tower by mr. stephen colledge (the protestant-joyner) to dick janeways wife colledge, stephen, ?- . sheet ([ ] p.) printed for r.j., london : . caption title. imprint from colophon. reproduction of original in the huntington library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng popish plot, . great britain -- history -- charles ii, - . great britain -- politics and government -- - . - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion a letter written from the tower by mr. stephen colledge ( the protestant-joyner ) to dick janeways wife . dear jane , my commitment was the more surprizing to me in that it broke those measures we had taken for a rendezvouz that evening , where we were to repeat those satisfactions thee and i have often mntually tasted from the solaces of venus abroad , while dick janeway toil'd contentedly upon his mercury at home ; i wish him better reward of his labour , then i am like to reap by mine . this place affords little pleasure , besides the sweet thoughts of thy dear self ; and my confinement is the more uneasie to me , by the supercilious behaviour of my warder : yet with the help of some yellow-boys , and a few tools , ( both which i desire thee to send me ) i hope to set up to that trade i so long neglected , and to become scaffold , block , and nine-pin-maker to the tower. encourage thy dick to go on , though i can no longer assist , in the true protestant cause , yet he is hard enough for all their observators , heraclitus , and other tantivy-scriblers ; and ( as i often told thee ) our best friends are still behind the curtain , men whose talent is declaiming , and that can out-bark all their towzers , and out-do that she-tory joa — br — with all her guns and crack-farts . had not this commitment prevented me , i 'le swear i was about a piece that would have gone nigh to do their job ; i had chalk'd out my design , and had plain'd my materials , and should have glew'd them well together , and fitted it for dick's never-fading paint . return my thanks in the lowest and most prostitute manner to sh — b — l , ( whom next to alg. syd . i esteem as the chief patron of our cause ) for his true protestant ignoramus-jury , which so honestly discharg'd their conscience , and gave verdict against those seven tory-evidence . thou knowst , 't is in the mouth of two or three witnesses a truth shall be establish'd ; doth it follow then , that six or seven shall do ihe same ? and thou knowest who teacheth when he holds forth , that for a few to be perjur'd for the benefit of the nation , and true protestancy , is not only venial , but a piece of service becoming the godly party , and the favourers of the good old cause . but i find that an ignoramus in middlesex , is no dimittimus out of this limbo ; and i fear those at oxford may speak other latine , and that the jury there may be , at this time , as toryish as their terre-filius : if so , adieu colledge ! who promis'd my self last march to survive all my name-sakes there , and to have seen them crumbled down with my axes and hammers . be sure to convey away all papers , cuts , draughts , &c. specially that of mac-cvt-throat , that represents the oxford-gownmen , and all the bishops too , crouding with father patch to kiss the popes toe , lest goodman hog seize them , as others did the sack-full in the hay-mow , and lest the original of those tories and abhorrers fall into such hands as will open some mouths wider against me at my tryal . which let it come when it will , i hope to make a better bargain then that goose-brain'd mac fitz-harys ; though his jury came short of what was promis'd him , mine shall do more then i can desire , and may help me out with another ignoramus . i 'le never trust mongrel-solicitor , nor shatter-brain'd whitaker , who thought his law-quirks as much treason-proof , as i did my mail and blunderbusses , but will as fairly bring himself to bed , as he did his client fitz-harys : i could play with other edg'd tools then mine own , and this upholsterer can hang himself , though not his room . i 'le have no other solicitors then those true protestants , that pass like popes for infallible , j — s , win — n , t — y , w — p , poll — n , and smith , who are the pillars that must support the cause , and help me their champion at a dead lift . if three of them couid sway five hundred , they may easily cajole two or three judges , whose places they stand fair for next parliament . these , dear jane , must do the job , and must not only talk down the bishops-court , but balder the world out of its reason , and must deny the king any money , that they may have the more themselves : and 't is not a few millions that are yearly swallow'd up by our lawyers , attorneys , and other half-starv'd green-bags and petty-foggers ; 't was these that cow'd our country-gentry the last parliaments , and with a splay-mouth'd little fanatical hypocrisie , and a cramp law-term , appear'd as formidable as gorgon's heads , and by their tickling and noise became the bell-weathers of the flock , while the rest were content to bleat amen to their arbitrary nonsense : but this to our selves . above all , retain our friend win — ton , who with a good my lord ! and a peal of liberty and property , our all is at stake , can silence even sir george , or any other such gigantick abhorrer , and will make more noise for a grain of popularity , then another for l. and let him be col. pury's cloak-boy , a bag ful of nonsense , nay a dull man in ignoramus ; yet give me one that will talk for my money , tho' i lose my cause ; and tho' judge jenkins ( who knew them best ) gives it as his advice , and bids us ( p. ) avoid the lawyers of the house of commons , yet i must shortly put my self into their clutches , as to a point of law or two i intend to start at my tryal ; and let all true protrstants pray for my good deliverance . my next shall be ( if this air , or that of tyburn , choaks not my muse in the mean time ) in such a strain as pleased when thee and i used to meet at the swan ; and so adieu . to the cause and thee most true i 'le prove , till ketch and cord shall end our love. from my lodgings in lobs-pound , near the duke or exeter's daughter . london : printed for r. j. . ordered by the lords and commons in parliament assembled that there be a stop and stay of demolishing or defacing of, or committing waste in the houses and lands, or any of them belonging to the kings majesty that are not sold ... england and wales. parliament. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing e ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) ordered by the lords and commons in parliament assembled that there be a stop and stay of demolishing or defacing of, or committing waste in the houses and lands, or any of them belonging to the kings majesty that are not sold ... england and wales. parliament. broadside. printed by edward husbands and thomas newcomb ..., london : [ ] title from first lines of text. at head of title: thursday, may. . imprint suggested by wing. signed at end: wil. jessop, clerk of the commons house of parliament. identified on film as wing e (number cancelled). reproduction of original in the harvard university library. eng great britain -- history -- charles ii, - . great britain -- politics and government -- - . a r (wing e ). civilwar no thursday, may. . ordered by the lords and commons in parliament assembled, that there be a stop and stay of demolishing or defacing o england and wales. parliament a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - john pas sampled and proofread - john pas text and markup reviewed and edited - pfs batch review (qc) and xml conversion thursday , may . . ordered by the lords and commons in parliament assembled , that there be a stop and stay of demolishing or defacing of , or committing waste in the houses and lands , or any of them belonging to the kings majesty that are not sold ; and that no timber or woods be felled or cut down off any of the said lands , or any part of any of them ; and that no wood or timber felled , and now remaining these , be taken away or removed from the said lands ; and this to continue until the pleasure of his majesty be signified concerning the same . and all persons , whom it may concern , are hereby required to yield obedience to this order . wil . jessop , clerk of the commons house of parliament . london , printed by edward husbands and thomas newcomb , printers to the commons house of parliament . right trusty and welbeloved, and trusty and welbeloved, we greet you well england and wales. sovereign ( - : charles ii) approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing e estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) right trusty and welbeloved, and trusty and welbeloved, we greet you well england and wales. sovereign ( - : charles ii) charles ii, king of england, - . broadside. printed by james flesher, printer to the honourable city of london, [london] : [ ] title from first lines of text. at head of title: charles r. sent by charles ii to the lord mayor of london, and to the commissioners and justices for the gaol-delivery of oyer and terminer of the city of london and county of middlesex, to free quaker prisoners. identified on film as wing e (number cancelled). reproduction of original in the society of antiquaries library, london. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng society of friends -- history. great britain -- history -- charles ii, - . great britain -- politics and government -- - . - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - megan marion sampled and proofread - megan marion text and markup reviewed and edited - pfs batch review (qc) and xml conversion charles r. right trusty and welbeloved , and trusty and welbeloved , we greet you well . we are informed that there are several persons who go under the name of quakers , or other names of separation , now in the gaols for london and middlesex , for being at unlawfull assemblies , who yet profess all obedience and allegiance unto us. we would be glad that all our subjects could be brought to agree in an uniform worship of god ; and we hope that the foresight of the dangers which they runne into by a willfull contempt of the laws , and our present indulgence , may prevail with some of these persons , to reduce them to a better conformity : and therefore we do willingly lay hold of this time and occasion of publick joy for the first coming of our dear consort the queen to our royal palace at westminster , to declare this our royal pleasure unto you , that you cause all such of the said persons in our gaols for london and middlesex , who have not been indicted for refusing the oath of allegiance , nor shall appear to you to have been ringleaders or preachers at their assemblies , to be enlarged . given at hampton-court this th day of august . . by his majesties command . edward nicholas . to our right trusty and welbeloved and to our trusty and welbeloved the lord mayor of london , and others our commissioners and justices for the gaol-delivery of oier and terminer and of the peace in our city of london and county of middlesex . printed by james flesher , printer to the honourable city of london . master grimston his speech in the house of commons, concerning the distempers betweene the king and both houses of parliament. . grimston, harbottle, sir, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing g thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) master grimston his speech in the house of commons, concerning the distempers betweene the king and both houses of parliament. . grimston, harbottle, sir, - . [ ] p. printed iuly . for m. t., london : . annotation on thomason copy: " july". reproduction of the original in the british library. eng speeches, addresses, etc., english -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason e _ ). civilwar no master grimston his speech in the house of commons,: concerning the distempers betweene the king and both houses of parliament. . grimston, harbottle, sir a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion master grimston his speech in the house of commons , concerning the distempers betweene the king and both houses of parliament . . london , printed iuly . for m. t. . master grimston his speech in the hovse of commons , concerning the distempers betweene the king and both houses of parliament . mr. speaker , i vvould faine bring one stone to our building now in hand , and it is but a caveat to the master builders , to beware , of those who hinder the worke , and pull downe by night , vvhat is built up by day . master speaker there are that speake loudly to the king , and in agitating of all matters , seem very tender of him , but substances , and semblances , essences , and apparances , are opposite : multa videntur quae non sunt , these vvould make us beleeve , that our redressing of some greiveances , is the pulling out of some flovvers from the crovvn , and hereby they cast maine and intricating doubts , vvhere vvith to retard and perplex our proceedings , and to lay an il-favoured imputation upon us , as if vve vvere regardlesse of our gracious soveraigne , and these good men , the onely battresses of his royalty : by this they endeavour to endeare themselves to the king , for their owne advancement , to have him guided by their owne councells , and to take off his affection from his best , and most loyall subjects , assembled in parliament . master speaker , the king and his subjects are relatives , and we know that in logicke , ne lato sublato tollaitur correlatum , they that disioynt the king and his people , do neither better nor worse , but do their utmost ( to un-king him . master speaker , the king is the parent , the husband solemparely espoused at his coronation , the head of the republique , as it is with the naturall parent , husband and head : so it is with the publique , the naturall parent bestoweth on his child , protection and love , with all his fruits : the child returneth him filiall reverence with al due respects : and he that laboureth to breake this intercourse , by possessing the parent with an evill opinion of the child , is equally an enemy to both . there is a sweete echo of coniugall affections betweene the maried , and be that shall goe about to interupt it , is a hater of them both , and a subverter of their family . in the naturall body , such is the connexion betweene it and the head , that a seperation is distructive to both , wheras otherwise , the head in the body , being the seate of the vitalls , and the braine in the head , of the animall spirits , reciprocally cōmunicating preserve the whole : our gratious soveraigne is the common parent , husband , & head , si calumniemus frangimur : if therefore there shall be any found to be as undermining pyoners envying to disaffect our parent to us , to divorce us from this our husband , to divide us from our head . my iust motion is , that upon a watchfull discoverie , whereon i would have every good mans intent , they may receive the extremity of severety as they will deserve , and if any of them shall prove member of this house , that the furnace may be heated , tenne times hotter , for betraying the trust reposed in them , by their county that sent them hither . fjnjs . an historical review of the late horrid phanatical plot in the rise, progress, and discovery of the same. f. n. w. approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing w estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) an historical review of the late horrid phanatical plot in the rise, progress, and discovery of the same. f. n. w. [ ], p. printed for arthur jones ..., london : . reproduction of original in bodleian library. attributed to f.n.w. cf. bm. epistle dedicatory signed: f.n.w. errata p. . created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng charles -- ii, -- king of england, - . james -- ii, -- king of england, - . rye house plot, . great britain -- politics and government -- - . - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - elspeth healey sampled and proofread - elspeth healey text and markup reviewed and edited - pfs batch review (qc) and xml conversion an historical review of the late horrid phanatical plot , in the rise , progress , and discovery of the same . london , printed for arthur jones at the flying-horse near st. dunstan's church in fleetstreet . . to the right worshipful , sir peter daniel , knt. alderman and sheriff of the city of london . sir , i am not insensible , how great a presumption i commit , in casting my self and the ensuing treatise at your feet : nor without a great measure of confidence , ( which your repeated favours have often emboldned ) should i ever have attempted the same : for which , as in the first place , i am obliged to entreat your pardon , so in the next , your acceptance . as inducements whereunto , i have no gilded commendations to adorn the present , no flowers of rhetorick or eloquence to embellish the same ; all that i can say in its behalf , being no more than what the loyalty of my intentions was , in writing it ; i did it for a good end , to expose the nations worst enemies , and unriddle their plots and conspiracies . and tho hereby i 'm assured of contracting the ill-will and censure of too many , who are , and ( in spight of heaven it self , ) will continue incorrigible , i shall despise their malice , and under the umbrage of your patronage rest secure . nor indeed , could i ever have made choice of a better security to defend my well designed , tho mean , performances , then prefixing your name thereunto ; all good and loyal men revere it , and the worst have an awe and regard for 't ; so strong are the charms of vertue , that where she cannot absolutely conquer inbred and establisht vice , yet the most vicious esteem the victor , and in their hearts acknowledg her powers . your early loyalty triumphed in the worst of times , when goodness was out of fashion , you wore it ; the prevailing faction could neither shame nor fright you , and your practice made good your own maxim , that steady loyalty is the surest foundation of the kingdoms felicity . but pardon me , ( dear sir , ) if i break off in a theme i could never say enough , and all that could be said , were much too little , and give me leave to conclude with my wishes , for your temporal and eternal happiness , who am your obliged , and humbly devoted , servant , f. n. w. an historical review of the late horrid phanatical conspiracy , &c , as previous to the relation of the late phanatical plot , to shew the unreasonableness , as well as impiety of the same ; it will not be unnecessary to take a short scheme of the times wherein the same happened . to which end , we need look no further back in our annals , then the days we have lived in , nor certainly can we meet with in all the past records of ours or any other nations , any instances of ills so infamously notorious as those which these may afford us , pretermitting such which an act of oblivion did but too mercifully bury in silence , tho our memories cannot obliterate the same , seeing the like actors , and actions designed on our present theatre , as fatally made up the tragedy of our late disasters , which brought as well the best of kings to the ax , as the best of governments to anarchy and confusion . the night of suffering under which we then lay , was so long and tedious , that our hopes were almost inveloped in its shades , and despair had got so strong a possession of our spirits , that we lay groaning under our burthens , with tempers as unactive and frozen , as slavery , and fear could make them ; to complain was a crime , to redress , a treason ; the first a certain forseit of our estates , the latter of our lives . when providence , almighty providence , for no less could finish our redempton , raised up our beteared eyes , to behold the day-star , which ushered in the morning of that felicity , we have since enjoyed in the happy restauration of his majesty . a day which in all future ages will be certainly recorded amongst the most fortunate , this isle was ever blest with . a day wherein religion and monarchy , like two winter'd roots that had been long buried in the grave of earth , began to sprout , and put on the springing livery of summer , and increase . a day wherein right , like an intercepted current , flowed again in its own channel , and visited those banks from which it had been so long estrang'd . our churches reduced from stables , and garrisons to the temples of the omnipotent : our benches from seats of injustice , to those of law , equity and conscience : our preachers disarrayed of their buss , disarmed of their swords and discarded from these pretences , to give place to the judicious and pious . our doctrines purged of schism , and heresy , and in short , whatever was in it self relig●ous , peaceable , just , and righteous , took the upper hand of atheism , hypocrisy , confusion , and deceit . nor was the shine of this glorious hour like the promising beams of a beauteous morning , which was soon overshadowed by the rising clouds of a weeping noon , but so settled , and established , were its resplendent rays , that under the universal influences thereof , our vineyards increased , and our barns were fill'd with the replenished harvest of all sorts of happiness , in so great a measure , that certainly no nation in the whole universe , not our own in the most celebrated times of peace , and plenty , could ever boast the like . 't was then we began to see the difference between a tyrant that had usurped his masters throne by feigned artifices and injurious arms , and preserved the same by close impiety , and holy cheats , and a lawful prince , whose undoubted right gave him as indisputable a title thereunto , as his merits have since shown him worthy thereof . the noise of war , and bloodshed , was drown'd in the still waves of slowing peace , no seige alarm'd the muses palace or dispers'd their votaries , the citizen was fearless of , and safe from plunder , the plough-man unaffrighted could sing at his labours , knowing his propriety to their increase , and each man under his own vine , bless the patron of their safety . happy , happy , had we been , could we have been thus contented ; but so luxuriant is the temper of too many amongst us , that heaven it self should it have showred down gold into their chest , and treated them with celestial viands , yet they alas ! would never have been contented , but like the murmuring israelites , in prospect of their canaan , have lookt querulously back to their egyptian bondage , and longed for the onyons , and garlick , they there fed on ; a greater instance of which i would boldly challenge all histories to give me an account of , then this which now employs my pen , which , i 'me affraid , will scarce in future ages receive its due credit , it being so unreasonable in it self , and so impious in its design ; a design not only to have destroyed the ancient government of three realms , the established form of the best religion , and the continued calm and serenity , we had so long enjoyed even then , when christendom was embroyled in blood and arms , and scarce one corner of the european world , besides our own , was disengaged ; but also that great and merciful monarch , kind as a giving god , and bounteous as heaven , who preserved the first , encouraged the second , and held the ballance of the last impardonable ingratitude ! by what name shall i stile thee ? by what title shall i distinguish thee from those lesser crimes that fill the legends of the infernal deeps ? to call thee rebellion , or treason , how insignificant is the name ? these imply some cause , some oppression to instigate them ; thine had none , unless thy too great tranquillity , and increase pampered thee , and like the ass in the fable , thou spurnest thy feeder , tell me ye unsatisfied , can any of you complain that you were hardly used ? did you ever in vain implead for your own , and return from the courts of justice without redress ? did you ever lament the loss of any thing that was tortously wrested from your possession ? were you ever plundered , or sequestred , imprisoned , or enslaved , banished or ruined ? you cannot be so impudently , so notoriously base , to answer in the affirmative ; no , 't was the lust of power inticed you , and the embraces of a throne , that your arms sought after , whilst the gay delusion , like the wandring fires that misguide the nighted traveller , lead you on through boggs , and quagmires , where , that you might the more safely pass , you disburthen'd your selves of those unnecessary loads of religion ▪ and conscience that might retard you , and changed the substantial part thereof , for shadows and paints that deceive the spectators , and are less troublesom to the bearer ; wherefore to undeceive those whom your false ▪ appearances have missed , i shall hereby endeavour to expose the nakedness of your ends in the repetition , of what in matter of fact , hath been obviously enough proved , and collect in a few sheets the work of volumes ; to begin therefore with the miraculous discovery of the late popish plot , as the same was generally esteemed , a work of omniscient power , so did his majesty , and the great council of the nation , as became wise , and just governours , take the same into examination , and prob'd the wound to its full depth , applying fit remedies thereunto for its cure , not only by cutting off the proud flesh that grew about it , but also healing up the breach it had made , and purging the state of that body politick , it had reach'd from the remaining infections , the same by a new relapse might have fell into , by such wholesom and proper methods , as the quality of the distemper required ; when instead of resting satisfied therewith , the dissenting part of the nation ( under which title i may justly rank the whole phanatical sect ) like ignorant quacks fell out with the prescriptions , and if they could not be admitted to destroy the patient by their unskil'd preparations , nothing less would serve their ends . hence it was they began to assume to themselves that liberty , of aspersing their superiours , in common prints , libels , and pasquils at their very gates , whilst their coffee-houses , and tables afforded no other discourse then the wise methods of altering the fundamental , and integral parts of that government they lived under , nor could any man speak his own judgment , if the same was not tun'd to their lyre , and danc'd to their extravagant measures , at no less rates than the hazard of his liberty , & pennance to boot ; incomparable justice ! the peoples magna charta , and the multitudes by law ; yet such were the only patriots who owned it , such the defenders of our property , who intruded most arbitrarily upon it , and those the honest preservers of our freedom , who thieved it from us , till the insolency of the populace was grown to that height , our great master was threatned by it through the side of his royal brother , & forced at last to say , as the almighty to the dissenting waves , warring against the establisht shore , hitherto shall ye go , and no farther . nor was it less then necessary , to prevent the inundation of that throne , on which he sat ; but as the waves , when so stopt , murmur against the shore that bounds them , and dash their sawcy billows at it's imperial feet , so did the clamorous and ill manner'd vulgarity , by bold , and charter forfeiting petitions , stuft with little less then treason , and sufficiently with scandal , approach the sacred seat of majesty ; which , i 'me afraid , too many of them thought too strongly fixt ; and though the general cry was religion , property , and a parliament , 't was a common wealth at the bottom , and nothing less would satisfie this all asking party . why otherwise should they stand in open defiance , against such very acts their own representatives had upon mature and serious deliberations confirmed , as particularly those which were made against the nonconformists , and schismaticks , to which either no respect is to be had to those assemblies that constituted the same , or those laws are fit , and just ; and why they should be so severe against them , in the days of queen elizabeth , before such time as they had broke out into an open rebellion , and should now remit of their severity , when by frequent rebellions and extravagant books , and sermons , they had incorporated those dreadful principles inconsistent with all governments , into the body of their divinity , i see not the least umbrage of reason for — but alas , they care no more for parliaments then kings , and think them only infallible , when like themselves they connive at pulling down all right , religion , and order , as some did but too nearly accomplish . as a system of which principles , i think not improper to insert an expression in the prayer of one of their celebrated divines , since fled for a scotch traytor , just about such time as the westminster parliament was dissolved , after some incouragement of the people to be unannimous against the so much feared popish doctrines , and counsels — oh lord , pursues he ! if thou hast design'd this spot , this little spot england , as the scene on which the battles of christ , and antichrist is to be fought , let us have the honour of it , and begin quickly , let this be called the valley of the valley of decision : judg then you , who will not be blinded , with what was most aimed at , and wonder no more that at the next meeting of that grand assembly at oxford , such troops of colledges , and swords-men , attended the same , they hovered there like vultures over the field of gathered warriours , expecting the news of battle and slaughter , to satisfie their voracious maws ; but thanks , ten thousand thanks to the great governour of heaven , and his immediate substitute , our gracious soveraign , who baulk't their expectations , and sent them angrily home , repining at the disappointment . but here let billinsgate avaunt , and give place to the mechanicks and joyners of state , whilst in more spurious ribaldry they rail at their prince and government , let bedlam be clear'd for these wiser madmen . reformation's on foot , the church is to be cleansed by the common-sewer , and the laws to be rectified by libels , double the watches , the papists are in arms , black-bills appear , the knife is at their theoats , and before the next morning the dead shall arise , and wonder to behold themselves living , this was the common cry , incomperable advice ! but why this dissimulation ? why not in plain english ? might it not be said rise and defend your selves , bring in your plate , your spoons , your thimbles , and your whistles ? is the publick credit of less value than formerly ? where are the drums and trumpets , your levies and musters ? why are the unnecessary guards spared , say the word , speak your intentions in intelligible sillables . your noble peer is ready to assist you , dastardly leaders and deluded cockscombs . but fate had not ripened their aimes , their party wanted the courage they wished them and like cunning men , and more to be feared , traytors e're they leapt , they view'd the precipice , and for want of resolution , mist their opportunities , which the prudence and care of his majesty , by the seasonable publishing his gracious declaration , for the future abrigded them of , 't was this that opened the eyes of the cheated nation , and drew the loyal upon their knees , in grateful acknowledgments of his fatherly care of their lives , liberties , and estates ; 't was this dispelled those mists , and fogs , of delusion , which arose from the stenchy vapours of their nauseous principles , & designs , and clearly discovered their malevolent intentions . but yet so far had they spread their poyson amidst their dissenting brethren , that the botches and blains thereof but too plainly appeared , and were not so soon cured , the chief magistrates were such as they themselves had set up , and cajoled into their service , so that here treason was indemnified , provided the same was carefully committed within the circuite of those walls , and tho taken notice of , and brought to light , they had a free shelter from the judgment the law pronounced thereon , being skreened on the dark side of an ignoramus conscience . happy days indeed ! when to discharge a thief ▪ his jury shall be summoned from amidst his brother criminals , though he sees the halter , he need not tremble at it , let the law threaten him , he is assur'd that the same is but like the cords of sampson , which he can break at his pleasure . but justice will not be so satisfied , the voice of treason , like that of blood , is never quiet , till the traitor meets his due reward , nor did we long want an instance thereof in the fate of that unhappy wretch who slipt the noose here , when he was removed to another county , and came before persons of religion , and integrity ; they soon saw , and as soon abhorred his crimes , regarding the quiet of their threatned country , beyond the clamorous instigation of a rebellious throng , who neither weighed the crime , nor danger of admitting such extravagant scandals which he had too freequently dispersed in order to the corruption of that fair intelligence that ought to be managed between the king and his people . the unavoidable obloquy on the reputation of the nations best and surest friends , and in short , the intended ruin of the government he lived under ; to the preservation of which , who is it can blame that necessary , just and single execution , when he lays it in the ballance with those designs that threatned the whole ? where 's the severity which the physitian uses in cutting off an infected limb to preserve the body ? where the imprudence , in drawing a little blood to prevent the frenzy of the patient ? and then especially when he is inclined thereunto , and the usual symptoms that forerun the fit are too visible and more then remarkably growing every hour upon him . if this be an error , farewel policy , our ancestors were then in the wrong , when to restrain the undue liberty that men had taken to themselves in the late times of licenciousness , when the unclosed wounds of the nation were fresh and bleeding , to enact a prevention of those causes which too far contributed to the same , in making traiterous words & positions that aimed at the life or person of his sacred majesty , or the roots of his establisht government , tho no overt act besides demonstrated the same to be adjudged high-treason , yet had this been wanting , sufficient was the proof against our present sufferer , and so palpable were his treasons , that all good men cry out with as much justice against those who first acquitted him , as the very crimes themselves of which he stood indicted — high time therefore was it for our gracious monarch to look about himself , and assume the rein of empire into his own hands , when such mad jehu's strove to ascend the chariot , and cariere us to ruin. — nor indeed was less to be expected , as quickly afterwards was discovered in that dangerous association , which was found in the custody of one of the greatest patriots of this disaffected party , a villany so close laid that no record perhaps to future ages shall be more authoritative to convince infidelity it self of their then designs ; which that the reader may be further satisfied in , i think it not impertinent to abbreviate the same , and present a short view thereof to his prospect . in the first part of which , tho the same seems somewhat plausibly penned in setting forth the dangers we are in from the popish priests and jesuits , with the papists and their adherents and abettors , who for several years last past , had pursued a most pernicious and hellish plot , to root out the true protestant religion as a pestilent heresie , and take away the life of his sacred majesty , to subvert our laws and liberties , and set up arbitrary power and popery , &c. yet is the same continued with all obloquy imaginable against his royal highness , aspersing his person , and loading him with false and scandalous designs and counsels , whereby he had created to himself dependants in church and state , under expectation of his succession to the crown , as also that by his influence mercenary forces had been levied and kept on foot for his secret designs , and parliaments unreasonably prorogued and dissolved , when in the hot pursuits of popish conspiracies and ill ministers of state , with many other considerations , that hereby the treasure , strength , and reputation of the kingdom was intricately wasted and consumed , for which ends they had in a parliamentary way endeavoured to exclude the said duke from the succession to the crown , and banish him for ever out of these kingdoms of england and ireland , but the said means being rejected , they thereupon thought fit to unite themselves by a solemn and sacred promise of mutual defence and assistance in the preservation of the protestant religion , the kings person , and their rights in the form ensuing . i a. b. do in the presence of god solemnly promise , vow and protest , to maintain and defend , to the utmost of my power , with my person and estate , the true protestant religion , against popery and all popish superstition , idolatry or innovation , and all those who do , or shall endeavour to spread or advance it within this kingdom . i will also as far as in me lies , maintain and defend his majesties royal person and estate , as also the power and priviledge of parliaments , the lawful rights and liberties of the subject against all incroachments and vsurpation of arbitrary power whatsoever , and endeavour intirely to disband all such mercenary forces as we have reason to believe were raised to advance it , and are still kept up in and about the city of london , to the great amazement and terrour of all good people of the land. moreover j. d. of y. having publickly professed and owned the popish religion , and notoriously given life and breath to the damnable and hellish plots of the papists in their wicked designs against his majesties person , the protestant religion , and the government of this kingdom ; i will never consent that the said j. d. of y. or any other , who is or hath been a papist , or any ways adhered to the papists in their wicked designs , be admitted to the succession of the crown of england . but by all lawful means , and by force of arms , if need so require , according to our abilities , will oppose him , and endeavour to subdue , expel , and destroy him if he come into england or the dominions thereof , and seek by force to set up his pretended title , and all such as shall adhere to him , or raise any war , tumult or sedition , or by his command , as publick enemies of our laws , religion and country . to which end , in the close , they bind themselves , whose hands are thereunto subscribed , and every of them , jointly and severally , in the bond of one firm and loyal society and association , and do promise and vow before god , that with their joint and particular forces , they will oppose and pursue unto destruction , all such , as upon any title whatsoever , shall oppose the just and righteous orders of the said association , and maintain , protect and defend , all such who enter into it , in the just performance of the true intent and meaning thereof ; and least the said work should be hinder'd , for want of discipline and conduct , or any evil-minded persons , under pretence of raising forces for this association , should attempt or commit disorders , they would follow such orders as they should from time to time receive from the then present parliament , whilst sitting , or the major part of the members of both houses , subscribing the said association , when it should be prorogued or dissolved , and obey such officers as should by them be set over them , in the several countries , cities or burroughs , until the then next meeting of the same , or another parliament , and would give the same obedience to it , and those who should be of it . nor would they , for any respect of persons or causes , or for fear or reward , separate themselves from the said association , or fail in the prosecution thereof , during their lives , upon pain of being by the rest of them prosecuted and suppressed , as perjured persons , and publick enemies to god , the king , and their native country . to which pains and punishments they voluntarily submit themselves , and every one of them , without benefit of any colour or pretence , to excuse them . in witness whereof , they were to put their hands and seals , and agreed to be ready to accept others thereafter into the same . upon the whole , let any serious man debate , what this amounts to less than rankest treason , where they come , in the last clause of it , to the perfect point of levying of war , positively agreeing , that they will obey such officers , as either the parliament , or the major part of the members , either sitting or dissolved , or the major part of the subscribers of the said association , should appoint , utterly excluding their useless soveraign from any right or directions therein . ( but i suppose , they thought it probable , he would scarce have joined with them , to have destroyed himself and his guards , ) the latter of which they bind themselves to , and consequently include the former . manifest and open treason , yet this plainly proved to have been taken in the lord shaftsbury's own closet , with eight other witnesses at the same time , who severally testified against him , as rank treason and designs as ever debauch'd a nation , obtain'd no more credit with another of our ignoramus juries , then if contradictions or impossibilitiesh ad been endeavoured at , by them ; insomuch , that the innocent lord was discharged , and a new holiday added to the kalendar of the presbyterian saints , for his deliverance , which that the same might be conveyed to the memories of their posterity , a medal was framed , where on one side thereof the face and title of our hero , was delineated , and the reverse presented us with a palace becoming his honour , the tower of london , with the sun displaying his beams o're the same , adorning the spires and buildings of that almost betrayed city , with this motto , letamvr . and judg then , if we had not cause for it , to behold treason pass muster , with impunity , and the most notorious of criminals disgoaled and usher'd in , as on the shoulders of triumph , with songs and io paeans before him , whilst fires of joy lighted his way into the bosom of that town he at the same time intended to lay waste ( as the sequel of this history shall evince . ) audacious impudence , not to be parallel'd by former presidents , or practis'd in any civil government , and yet the pretence is zeal for the publick good , the catiline was his countries patriot , the bulwark of their liberties , the defender of their rights , and opposer of those invasions that were pretended against them : oh well vail'd hypocrisie ! methinks i see the devil in samuels mantle , with his demure priests about him , plotting to have no king in israel , that they might do what was right in their own eyes ! methinks i hear them rejoycing at the success of their enterprizes , and confidently , as of old , canting , that heaven is auspicious to their intended designs , in that it so far favours them ! but alass , the day will not long last , the eye of providence beholds the counterfeit , and is too watchful over his chosen , his anointed david , to let the councels of this achitophel succeed , to the enthroning the rebellious absolon in his stead , or defeat the succession , that by the gift of heaven , as well as his own merits , is in all probability reserved for a more wise and glorious proprietor ; one whose fame , like that of solomons , has already reached to the outmost limits of the world , and is justly the admiration of the present , as he shall be of future ages , who much about this time returned from an honorable exile in the neighbour realm , whereunto the malevolence of the said aspiring party , had too long confined him , to the grief of all loyal english-men , tho' the advantage of that country where he then resided , the influence of whose gracious presence , like that of the generative rays of light , having there produced so general a reformation , and increase of all sorts of benefits to the inhabitants , that mentioning the same , i cannot but give you a short account thereof , as the pens of their own writers have confest , that men may learn to know , he is not so invaluable a governour , that an inrode should be made upon the laws of god and nature , to exclude him , but on the contrary , fall down on their faces with confusion , to beg his gracious pardon for thoughts so incongruous to his glorys , and their own peace . for that it can't be deny'd , but that before his r. h. came to scotland , the fields were every sabbath covered with arm'd men , upon the pretext of hearing seditious sermons , his majesties most undeniable prerogatives were upon all occasions controverted , masters contemn'd by their servants , heritors by their tenants , ministers of the gospel invaded , wounded and assassinated , churches left waste , or insolently perturbed , when frequented , principles of assassination preached and practised , all such as owned , or served the government , affronted and menaced , and nothing but pasquils and defamatory libels , publickly vented and prais'd . whereas now people are gathered in from fields to churches , god almighty is served with reverence , the king as his vicegerent , with respect , the royal prerogative is neither stretched nor baffled , the privy-council have been taught , by his r. h. sitting so long amongst them , to shew as much clemency as may consist with firmness , and to sustain their justice by their courage . all animosities and differences amongst the nobles are composed and forgot , the thefts and robberies in the highlands , which were formerly so great a reproach to the government , and a ruin to the people , are now not only secured against by present punishment , but prevented by suitable and proportionable remedies , such as commissions of justiciary , security taken from heritors and chieftains of claus , settling of garrisons in convenient places , and giving moneys for intelligence to spies ; ministers are so much protected and incouraged , that one can hardly think , if he had not known their former condition , that ever the people had any unkindness for them ; men do not now lust after news and conventickles , but imploy those thoughts and that time upon their private affairs , which they formerly mispent in following their expensive field preachers , securing themselves and their estates by a pleasant peaceableness from the fears as well as the dammage of fines and punishments . they meet with no pasquils nor hear of visions , and in short , men honour the laws by which they are protected , and those magistrates by whose ministry they enjoy this peace and quiet . but as these were the effects of his r. h's conduct in the north , so did we find that the blessing of his presence did extend it self to us also on his said return , who finding how near our neighbours scotch copy was to our english original , lookt upon the same methods in putting the laws into due execution , the only means to reduce ours , as it had done that nation to a true temper of obedience , which his majesty and councel resolving to effect , as on the one hand it was a satisfaction to all his loyal subjects , so on the other did it drive the dissenting party to their utmost asylum , who , like spiders , bur●…ed with the poyson they suckt of that flower the industrious bee gathered up her honey from ; for soon after , the choice of new magistrates being the work of the great city , so tumultuous was the faction , that instead of civilly meeting and proceed●ng in the ancient forms and customs they were wont to do , knowing they were but too nerely concerned therein , and that if they could not get sheriffs for their turn , the structure they had been so long a rai●…ng would shatter into pieces , but virulent and ill-mannerd libels were daily spread abroad and vented , stuft up with ironical expressions and insinuations of arbitrary practices and des●gns in his majesty , corruption and insufficiency in his ministers , popish successors , french con●ederacies , plots , perjuries , impostors , subornations and reflexions on the lord mayor and the honourable part of the cityzens and the lawful government of the city , insomuch , that every impartial eye fairly beheld their designs to embroyle and enrage the multitude to something worse then the ryots they committed at the said election , for what other construction would ever then be put upon it , than what has been since plainly discovered , that the same was an incitation to sedition , and what more proper arguments then those that were used to bring about the same , you know ( says one of them ) what your priviledges and rights are , and pray remember , that by your oaths , you are bound to maintain the same , nor can you be ignorant that the design of wresting your priviledges of chusing sheriffs , is meerly in order to hang as many of you as a few men , whom i shall forbear to mention , shall think meet . did ever any ( proceeds he ) of our former state ministers concern themselves in these matters . alass , there were not heretofore such machinations against our lives , laws , and fortunes , and therefore accordingly as you acquit your selves in this affair , you may expect either to live safely , or become a sacrifice to those men , who having forfeited their own lives to the law , would preserve them by exchange for yours , and a little above it is discoursed abroad ( says he ) that unless my lord mayor can obtain his will of imposing a sheriff upon the city , he intends to dissolve the court , which let him do at his peril . thus far proceeds this virulent pamphletere , and upon the whole pretermitting the controversie of the right , which the reader may find setled and decided in that judicious and ingenious peice , stiled , the lord mayors right of electing a sheriff asserted against all pretensions of a populor faction . i say , upon the whole , we have further reason to acknowledg the providence of heaven , that those strange & unnatural designs which then lay dormant in the breasts of the factious were not sufficiently awaked , for certainly as they had then amused the people the same might have proved extreamly mischeivous , if not fatal , to the peace we were then under . but that great work being over , and the magistracy setled and confirmed in the hands of loyal and worthy gentlemen , the faction began to loose heart and sink in the estimation of themselves and pollicies , being no longer supported with incouragement from hopes of ignoramus juries , and other refuges , they had so long shelterd in , insomuch that nothing less then an open rebellion was left them to accomplish what their seditious arts and designs had failed them in , yet as dying men strugling with the last efforts of nature , whilst the least part of life about them was unextinguisht , their voices we heard , and their fruitless endeavors strove to recover their wonted principles , but in vain was their attempt , tho they threatned the present mayor and sheriffs with actions and arrests to amuse the vulgar , and were so bold , to put the same in execution on their chief magistrate , even while he was acting in that sphere , whereinto he had been regularly chosen , and legally constituted , till his majesty was forced to interpose his authority , and call them to an account for their riotous and extravagant proceedings , and upon a fair tryal , and undeniable evidence , setting forth the customs and usage of elections , he obtained judgment against several of the most notorious of them , who had been the greatest sticklers therein , and withal , thought it absolutely necessary , to enquire into the abuse of franchises , to make a regulation sufficient to restore the city to its former good government , wherein his aim was not so much for their punishment , tho he had sufficient incitations thereunto , as their good , to which end , he brought and obtained judgment , in a quo warranto , against their charter , but to shew his mercy , as well as his power , when he had them at his feet , tho before they denyed a submission to his gracious pleasure , upon their humble petition , he offered the confirmation thereof again to them , reserving to himself only the power of approbation in the choice of some few of their officers , which had been as much for their benefit , as the general peace and good of the city , to have granted but this , the remaining sparks of the faction thought too much to be allowed , even when the whole was at his disposal , and happily fell into his hands ; but during the time that these affairs were managing in the courts above , a more close cabal of hellish and impardonable rebels , were every day assembled , for carrying on and perfecting the main plot upon his majesties sacred person , as also that of his royal-highness , and the loyal party , who were to be massacred upon their rising ; in the handling of which , i shall first give a draught of the design in the general , and then descend to speak of the particular parts thereof , as the same were in proof against those who suffered a condign punishment for their said treasons . about the beginning of october , . when the chief of that factious and seditious tribe found that the magistrates of the city was settled , as is before mentioned , their impaciency was such , that they immediatly consulted of rising in an open rebellion , for which , some of them thought themselves so well prepared , that they could not fail of attaining their ends , when ever they should break into arms. upon which , there was a meeting of some of the principal of the conspirators , to agree of the best and readiest methods , to master his majesties guards , and seize his royal person ; but upon consideration , they found it necessary to add more arrows to their quiver , and strings , then one , to their bow , that if they mist their aim at first flight , the second might hit their mark , they therefore thought fit to prepare their friends in the several counties , cities and towns , of england , as also the disaffected party in scotland , to join with them , without which any attempt in the city of london , or upon the guards aforesaid , appeared too rash to be undertaken , so that the thoughts of a present rising was then laid aside , and they disposed themselves to find , by a correspondence with scotland , and the several parts of this kingdom , how far they might be assisted by a general insurrection , so that in humane probability they might not fail of success , whence the reader may observe , that this was not an airy notion , or embryo of hot brains , but laid as deep , and as designedly and proportionably formed , as the wisdom of man , or councels of contriving rebels , could studiously effect . moreover , whilst this first design was framing , some villains were likewise carrying on that horrid and execrable plot of assassination aforementioned , of his majesty , and royal highness , his dearest brother , in their coming from newmarket , and money was deposited for that purpose ; but by the shortness of the time , his majesty being then immediatly upon his return , and for want of necessary preparations , they were forced to defer the execution of it till further opportunity . it was then proposed amongst them , whether they should attempt the same at his majesties next going to newmarket , in march following ? to which , an objection was started , that those guards which usually remain here some time after his majesties departure , would be capable of making a great opposition upon the arrival of the news ; for which reason , and because they were not then in a readiness , it was agreed to be done at his return thence . the scene where this fatal and execrable wickedness was to have been perpetrated , was the house of one richard rumbald a malster , called the rye , near hokesdon , in the county of hertford ; and it was resolved , that forty persons in number , who were to be the actors in the tragedy , under the command of the said richard rumbald , should hide themselves in or near the said house , and when his majesties coach should come over against them , then three or four to shoot with blunderbusses at the postilion and horses , and if they should miss their aim , some were to be ready in the way , who in the habit of labourers , should turn a cart across the passage , and so stop the coach ; others were appointed to shoot into the coach where his majesty and royal highness were to be , and others to fire upon the guards that attended them , resolving withal , that upon the same day , many lords and other persons of quality , whom they supposed favourable to their designs , should be invited to dine . in london , that they might be the more ready to appear amongst the citizens , upon arrival of the said news ; the actors in the said assassination having contrived their manner of escape , by a nearer passage then the usual road , by which means they hoped to get to london as soon as the news could be brought thither , thinking it would not be difficult , upon their perpetration of this abominable fact , to possess themselves of the government , presuming on the numbers of the disaffected . but least the blackness of such an action might deter any from joining with them , they prepared to palliate the same , as far as they could , by some true protostant fanatical remonstrance or declaration , which was ready to be printed and dispersed in that confusion , to amuse the people ; and least the officers of state , and the magistrates of the city , with the militia thereof , and other of his majesties loyal subje●●s , should be able to put some stop to those floods of ruin and desolation , which would hereby have inevitably overwhelmed the better part of the nation , they resolved to follow this blow with a massacre , wherein they particularly designed the immediate slaughter of the said state officers , the then lord mayor , the sheriffs , and the magistracy of the city , and all others , who had been any ways eminent for their steady and unbiast loyalty . but here again the finger of almighty appeared in his wonderful providence , to defeat these councels , by a sudden fire at newmarket , which necessitated his majesties return thence , before the time he had appointed ; happy , miraculously happy , flames ! may the ashes you made , be consecrated , and the ground , you laid wast , the foundation of a temple to the omnipotent , where songs of joy and praise may be sung , to times last period , for the occasional deliverance you afforded us . yet these villains , hardned in impiety , were not hereby discouraged from pursueing the same bloody design , but resolved to travel forward therein , till they reach'd the outmost step to effect the same ; and proposed with themselves , that it might be done , either in his majesties passing from windsor to hampton-court , or in his then intended journey to winchester , or when he should go by water in his barge , or under bedford-garden-wall in covent-garden , when he should pass that way , or at the bull-feast , which was then shortly after intended , in red-lyon-fields , they being informed , his majesty and royal highness would be there . and that they might be the better prepared , when the occasion should offer it self , by having a certain number of arms lying always ready , for that purpose arms were bespoke for forty men in all hast , ( viz. ) thirty carbines , with belts and swivels , thirty cases of pistols , and ten blunderbusses , which were accordingly made and paid for . and for their more easie drawing their party together , against the time of execution , they contrived to divide the cities of london and westminster , and the suburbs , into twenty parts , from each of which , they expected five hundred men to be ready on the first onset , and some agitators were to give an account of men to be furnished in each division , and give out orders to them , as there should be occasion . and to the end , the forces they should raise , might be the sooner modeled into the form of an army , there were a hundred old officers , who had been engaged in the late rebellion , ( thereby the better fitted for this , ) ready in town to take the command of them ; in the pursuit of which desperate , cruel and ineterate , projects , they continued , till they knew that discovery had been made thereof to his majesty . during all which time , the other more principal conspirators were not unemployed , but carried or managed their other design , for a general insurrection in both kingdoms , and the late earl of shaftsbury who had at first pressed them to a sudden insurrection , which he would have had to have been before , or at least , on the th of november , being the anniversary of queen elizabeth , when people generally gave themselves the liberty of solemnizing the same in extraordinary crouds , and on that account , would be less suspected , and the sooner raised , sent to the rest of the conspirators , at a meeting appointed by them , to know their resolution , and finding them either timorous or unprepared to venture upon the same , conveyed himself , with some others of his crew , secretly into holland , to avoid the danger he might be in , by a discovery , the greatest piece of policy , perhaps , that ever that said earl , tho a famed machiavel , ever in his life was to be esteemed for ; but his thus withdrawing himself from their councels , did not discourage them from pursueing their pernicious infernal designs , tho it made them a little more cautious ; whereupon a new councel was appointed , of six persons , that were to have the chief management of affairs , in order to the aforesaid insurrection , by a correspondency with their party in scotland , and the several parts of this kingdom , and because an intercourse of letters was thought dangerous , it was held necessary , that some person should be intrusted with a message into scotland , to invite the heads of the disaffected party there , to come hither under pretence of purchasing lands in carolina , but in truth , to concert with them , the best means for carrying on the design jointly in both kingdoms ; and a treaty was thereupon had with archbold cambell , late earl of argile , who then stood attainted of high treason , and had made his escape from justice , who demanded l . at first , but afterwards agreed to accept of l . for buying of arms in holland , and making other provisions previous to the said rebellion , in scotland , in which said councel of six , several debates were managed , as whether the rising in this kingdom , should be first in the city of london , where , by reason of the vast number of the disaffected , that might readily unite , they might easily master the guards , or rather in some remote parts , whereby his majesty would be under a necessity of sending his said guards to suppress them , and thereby the rising in the said city would become more secure and effectual ; but at last it came to this resolution , as most convenient , that it should be in all parts at the same time , least the city might be defended by the militia thereof , without help of the guards , which might be sent for suppressing any insurrection in the countrey ; to which they all consented , and disposed themselves for compassing the said design , which was very near taking effect , just as the same , by the mercy of the almighty , on the th of june , . came to a discovery , by the confession of mr. keeling , who greatly troubled at his concernt herein , ( being one of those who should have been employed in the assassination mentioned , ) thought , he did very ill in not discovering the same , in so much , that he had no peace , satisfaction or content , nor could he mind his business , or take that rest that at other times he was wont , ruminating with himself , that if it were a sin in david , to cut off the hem of saul's garment , much more would the same have been in him , to have murdered so good and gracious a king : which the said conspirators coming to hear of , they began each of them to shift for their safety , and met about the same at the lodgings of captain walcot , since executed , very early on the monday morning following , where some of them having hired a boat , to whom they had given five pounds in earnest , intended for holland , whilst others lingred about the town , and particularly , rumbald , who having got this keeling to a tavorn , began to charge him as a discoverer , which he was forced , by several imprecations , to deny , or he had never been suffered to have gone thence alive . this grand design coming thus to the knowledg of his majesty and council , warrants were forthwith issued out against several of the conspirators ▪ as particularly , j. d. of m. the lord melvin , sir jokn cockrane , sir thomas armstrong , robert ferguson , who was the common agitator , and intrusted by all parties , in the several conspiracies , richard and francis good enough , richard rumbald , william rumbald , richard n●lthrope , nathaniel wade , william thompson , james burton , joseph elby , samuel gibbs , francis charleton , joseph tiley , mr. casteers , and mr. lo●● ▪ both non-con-preachers , edward norton , john row , john ayloff , and john atherton , but these too soon warned by the quick monitions of a guilty conscience , had made their escapes from the hand of justice , which in due time , is more then probable , will be too swift for such wretched criminals ; besides these , ford lord gray , being apprehended , and examined before his majesty in council , was committed to the tower , but in his way thither , got from the custody of the serjeant at arms , and made his escape ; and arthur earl of essex , being likewise committed to the said place , for the treasons aforesaid , whether under a sense of his own guilt , or the utter despair of his royal master and benefactor 's mercy , whom he had so highly wronged , prevented the sentence of the law , and laid murdrous hands on his life , by cutting his own throat ; several others were taken and committed , amongst whom , the lord william russell , algernoone sidney esq thomas walcot , john rouse and william hone , whose cases we now come more particularly to treat of , which is the second part of that method i proposed , and wherein i shall glean only what was materially witnessed against them , and is proper for the further parts of this history , whereby the way , and from what has been before said , i would entreat the reader to take notice , that there were two several designs on foot , the one , the murther of the king , and the utter destruction of the government , in which the three latter were concerned ; the other , singly against the government , in which was the two first . but these two , like sister-springs , rose both from one of the same corrupt fountain , and tho the channels , in which they wandred , were for sometime different , yet at last they were both designed to meet and embrace each other in the wide ocean of anarchy and confusion . at the tryal of captain walcot , the th of july , . for the said treasons , evidence was given by collonel rumsey , to the following purport , that about the latter end of october , or the beginning of november , he was with the late earl of shaftsbury , who acquainted him , the d. of m. the lord russell , lord grey , and sir thomas armstrong , were at mr. shepheards , the merchants house , to whom he desired him to go , and know what they had done about the raising arms at taunton , who answered him , ( when he came there to them , ) that mr. trenchard had failed them about men , and they could proceed no further at that time ; which answer being conveyed to my lord , he said , there was no dependance on those gentlemen , and that he would leave england ; after which , a meeting was had by several of the conspirators , goodenough , wade , and others , captain walcot being then in holland , where it was proposed , no good was to be done by a general rising , but the surest way , was taking off the king and the duke , to which end , they sent a letter to mr. ferguson , ( without whose aid they could not carry the same on , ) to holland , who thereupon coming over , captain walcot came with him on ashwednesday in february , after which , several meetings were had about the same matter , wherein it was concluded , at his majesties coming from newmarket , a party should kill the postilion , others the coach-horses , whilst rumbald charged the coach wherein his majesty and royal highness were to be , and walcot the guards , to which end , they were to meet at hokesdon aforesaid , and in case their blunderbusses mist , they were by their swords to finish the same . but this was put off , on the kings unexpected return thence , on occasion of the fire , their men being unprepared , tho the same was laboured in by mr. ferguson , and captain walcot undertook to go down and ask . but this design being then for that time prevented , they agreed to raise money to provide arms , captain walcot being present , mr. west undertook the arms , mr. ferguson the money , goodenough and rumbald to provide men , for the like intent , against his majesties person , as he came from windsor to hampton-court , or at the play-house , as opportunity should serve , and a general rising was intended , to which end the city was to be divided into several parts , and accounts were taken of the numbers of men in the several devisions by goodenough and others ; this was the sum of colonel rumseys evidence . the next that appeared was mr. keeling , whose evidence was , that some time before the king went to newmarket , he was at the sun tavern with richard rumbald and richard goodenough , &c. that goodenough called him aside and asked him what men he would procure to go down to newmarket to kill the king and the duke , he answered him he thought none . but the question being renewed several other times , he had in the mean while some discourse with one burton and thompson , burton told him one barber would be concerned and tompson also , the fryday after , being the day which the fire happen'd in at newmarket , rumbald came to his house to see those men he could procure , and the next day he met him , and asked whether they were willing to go down to the rye ( meaning his house ) there being , as he said , no better convenience for the design then that in england , it being a house intire to it self , and very remote from neighbours , besides the advantage of a court or wall , using this as an argument to prevail with those persons , that it would be keeping one of the commandements in killing the king and the duke , for if it be not done , there will be otherwise a great deal of blood shed . in the afternoon they met , at the dolphin tavern in bartholomew lane , rumbald , west , goodenough and hone , where west asked rumbald whether he heard the king would come home that night , which he answered that he did , but hoped it would not be till saturday , that being the day appointed to go to rye to meet the king and duke . but if they should , says west , hovv many swan-quils , goose-quils , crow-quils , vvith sand and ink , must you have , six , says rumbald , of the first , tvventy the second , and twenty or thirty of the last ; by these canting terms did they disguise the names of blunderbusses , muskets , pistols , powder and bullets ; but vvhat concerned the prisoner , only vvas , that he see him at the salutation-tavern , vvhere there vvas a discourse by mr. west concerning the name of keeling , saying , it signified in dutch , culing , and that he vvas their english culing , adding , that he hoped to see him at the head of as good an army in wapping , as culing vvas then at colen . this vvas the chief part of mr. keelings evidence , only something was added , touching goodenoughs instructions , to try the temper of some of his neighbours , in those divisions about him , by questions at a distance , such as those , in case of an insurrection , or french invasion , how are you prepared ? or , whether you would be willing to join therein ? telling him withal , in case the assassination went forward , they would lay the same on the papists , as a branch of the popish plot , and that a declaration was prepared to ease the cautious people of their burthens , and especially , chimney-money . i proceed next to the evidence of zachary bourne , who testified , that he came to be acquainted with captain walcot , by the means of mr. ferguson , who was his lodger , and whom the captain used to visit , that he afterwards met him at the dragon-tavern upon snow-hill with several others , where the result of the business was , a speedy design to raise men , and dividing the city in twenty divisions , seizing the king and duke of york , and setting up monmouth ; that mr. goodenough then brought an account of or men out of those divisions , he had an account of ; that at another time , captain walcot being present , 't was discoursed , to have seized my lord mayor and sheriffs , and some of the aldermen , and chief ministers of state , about town ; that the saturday before the discovery , he met at captain tracies , and monday afterwards , at captain walcots , where ferguson , goodenough , west and norton , were present , but nothing was concluded , he leaving them on the debate , of killing keeling . thus much mr. bourne . mr. west's evidence was , that he came acquainted with the captain the last summer vacation ; that the captain told him , that there was a design of an insurrection to be made in three weeks or a month , and that he did not know , whether he should be concerned , but that my lord shaftsbury was engaged therein , and that he had an expectation of being a collonel of horse , and asked him , if he would have any command under him ? that the said lord had another design on the king and the duke , as they came from newmarket , in october then last , but withal , that he abhorred any such thing , that it was ungenerous , and he would be concerned no further then the general rising , and asked him to lend him a suite of silk-armor , and desired him , to bespeak him a good strong tuck ; but the said designs being put off , as he understood , by means of mr. trenchard , who had discoursed , of what forces he could raise in the west , but when the duke of monmouth sent for him , his heart failed him , and he declaring it , my lord grey called him coxcomb , this was about the th of november ; that captain walcot told him , mr. ferguson had the conduct of the assassination , in october , and that he was acquainted with the insurrection , and was a great man in it ; that he met mr. ferguson , who entertained him with a long discourse of the miseries of scotland , and that the people were in slavery and bondage , and would be so here , if they did not free themselves , to which , there were two ways , one , a general insurrection , but that was gone off , the other , the killing the king and the duke , which was the more compendious , and added , that he supposed the same was best , and proposed to meet at his chamber , as a place of privacy , to treat of the same ; they met accordingly at his chamber , and ferguson proposed several ways of doing it , one , as the king and duke had their private meetings at st. james's , where it was an easie thing for a swords-man to do it ; that mr. ferguson , and the captain , both told him , there was a design to have done it at my lord mayors feast , in the hall , or on their return in st. pauls-church-yard , or at ludgate , but the king not dining there , it was disappointed ; another way was proposed , that they might do it as the king and duke went down the river , lying behind some small ship in a hoy , or some such thing , and so over-run their barge , or if that failed , to break a plank with their blunderbusses , and so sink it ; another way , at the play-house , where forty or fifty men should be placed in the pit , with pocket or hand blunderbusses , pistols and swords , and when the musick struck up between the acts , to fire on the box , but this was held hazardous , and therefore they thought it better to do it as he came back , under bedford-garden-wall , because there was a convenience for a great many men to walk in the piazzas , and another parcel of men might be placed in covent-garden-church-porch , and within the bails , where horses could not come ; that this was before mr. ferguson went for holland , with my lord shaftsbury , and captain walcot ; that in the mean time , he met collonel rumsey very often , but nothing was agreed , till they sent for mr. ferguson back , upon whose arrival there was a meeting at the five bells tavern , and several times afterwards at his chamber ; where ferguson , goodenough and rumbald , undertook to provide the men for the assassination , whereupon debates were had , whether it should be done as his majesty went or came ? to the first it was objected , that the guards were left here and there , and they went together , but very often return'd apart , and nothing being prepared , it was resolved , as he came back ; that it was then considered , what arms should be provided , and the matter lest to mr. rumbald , and he was to provide blunderbusses , carbines and pistols ; that several meetings were had , where they brought and conferred notes about the men , whose names , as he remembred , were , amongst others , keeling , burton and hone , and as he thought , one manning ; that afterwards he asked mr. ferguson , what provision of money he had made ? to which he answered , that when the men were ready , he should have money , and not before , for that money being before raised , it was put into the hands of one who never returned it , and that my lord shaftsbury did often complain of that abuse ; that it was debated , how these arms should be conveyed to rumbald's house , and proposed , the same might be sent down in chests , in smithfieldcarts , or by trusty water-men , who were to cover them with oysters ; others , that men should carry them , but no way resolved ; and then it came to be debated , how they should get off , and how manage the same , some were to fall on the postilion and horses , others on the coach , a third party under captain walcot , which he ndertook , who should fall on the guards ; that rumbald undertook to bring them off , and that there was a gate he would shut on the horse guards , and they might , when the thing was done , avoid the road-ways , but come over the meadows by hackney-marsh , but captain walcot thought it better to retire within his wall , and there keep till night , it being a place they could , against any force , defend for a days time ; that captain walcot told him , in case of an assassination or insurrection , my lord shaftsbury had prepared a declaration , and would have had him done the like ; saying , that he would have several people do the same , to pick one good out of all of them ; and said , that he had some collections himself towards it ; and shewed him a paper , in which was observations of all the passages in the three kings reigns , king james , king charles the first , and this king , which he called attempts to bring in arbitrary government , and popery , and concluded , taxing them with some personal vices , and that the government was dissolved , and they free to settle another in its stead ; that when the news of the fire came , they adjournd to his chamber , and considerd what they should do , they were not ready , nor had no horses , so that the same was laid aside ; that it was afterwards agreed at another meeting , where the captain was present , mr. ferguson , goodenough , norton , and one aylisse , that arms should be bought , the number were , ten blunderbusses , twenty two inches in the barrel , thirty carbines , eighteen inches , and thirty cases of pistols , fourteen inches ; that he was put upon it to buy the same , the rather , for that he had a plantation in america , and might have on that account a pretence ; but mr. ferguson was to pay the money , which in some great time afterwards he did , saying , he had but just then received the same , and paid him ninety three guineas , which he supposed , the moneys of mr. charleton ; that in case this assassination had gone on , it was designed , the lord mayor and sheriffs should be killed , and as many of the lieutenancy as they could get , and the principal ministers of state , my lord hallifax , my lord rochester , my lord keeper , and that they would hang him on the said tree that colledge had hung ; sir john moore was to be killed , and to be hung up in guild-hall , as a betrayer of the rights and liberties of the city ; and the then lord chief justice pemberton , fleyd , and hung up in westminster-hall , with a great many of the pentional parliament , as betrayers of the peoples rights ; that the prisoner was sometimes by , at these discourses ; that mr. ferguson declared , he had told some nonconformists , and they desired him to forbear ; but adds he , they are silly people , and do not know how to distinguish , between killing a prince for difference in religion , and destroying a tyrant for preservation of the right and liberties of the people ; that it was an action would make all the kings in the world tremble , and teach them to use their subjects kindly ; that it was the design at the same time , the mayor and sheriffs were to be killed , that mr. papillion and mr. dubois should be forced to take the sherievalty on them , and if they refused it , they should be used as others ; and that sir thomas gold , sir john shorter , alderman cornish , should be set up for mayor , but rather , the last , as the fittest person ; that the kings natural sons were good lusty lads , and it would do well to keep them for porters and watermen , and my lady ann should be married to some countrey gentleman , for a breed , to keep out foreign pretences . i have been something larger in the repetition of this evidence , then was at first intended , but the same being so material , to prove the horridness of the most barbarous part of the design it self , as well as that concern , which the prisoner had therein , and on which his fate depended , that i hope the reader will excuse me , and from the whole , consider with himself , that nothing less then the watchful eye of heaven , could possibly have guarded his sacred majesty from the several attempts , so often renewed against him , by this malevolent party , set on , and encouraged , by the cant and hypocritical zeal of a scotch whig ; whose only design it was , to murder his royal person , and overthrow the government , because not squared to his precise and rebellious measures . but to return to my subject , the evidence abovesaid , so plainly and palpably made out , did admit of no plea nor excuse in the wretched prisoner ; nor indeed , could he have any face to deny the same , there being , besides this , a letter that was intercepted , under his own hand , to the secretary of state , wherein he doth , as much , as plainly confess the same , acknowledging it as his first crime , and that his life was at the kings mercy , and that if his death would do him more service , he was willing to surrender it ; that if his majesty would admit him to come in , & use mercy , he would tell all he knew , concerning england , scotland and ireland , which he thought , would be more material , then any other discoverer could tell ; which plainly shews , that he had a deeper hand in this mischief , then any of those that had given evidence against him . upon the whole , when my lord chief justice came to sum up the evidence , having taken notice of the material passages aforesaid , and given his directions to the jury , they brought him in , deservedly , guilty of the indictment . the next in order , who came to tryal for the aforesaid treasons , was , william hone a joyner , with whom , in short , i shall no further trouble the reader , then his own confession , that he was drawn in by mr. goodenough , and was one of those that was to murder his majesty and his royal highness , whose names they disguised , under that of the blackbird and goldfinch . nor shall i much enlarge the bulk of these sheets , with that of john rouse , who could not deny his concern in the treasons aforesaid , tho his post was something of another nature , then the two former , which i shall forthwith give you some account of , begging leave only to take notice , of the justice of heaven , which now overtook this miserable wretch , he having been too long known in the government , for a most malitious disturber of it , and had once before been brought to the bar for high treason , at a time , as sir george jeffries , our present worthy lord chief justice , then took notice of , when the common justice of the nation could not be obtained in that place , insomuch , that the judges who came to execute justice , had more reason to fear being executed upon the bench , then the prisoner at the bar. to proceed , this gentleman was to take care , to manage a party of men , who were to take the tower of london , and the evidence against him , were first , mr. lee , who testified , that mr. goodenough having acquainted him , that there was an apprehension , that the rights and priviledges of the nation were invaded , and that it was time to look to themselves , for popery was designed , and arbitrary power , and asked him , whether he would engage in that affair to prevent it , and withal , that the city was to be divided , as is before mentioned , and desired to know , whether he would engage in one part of it ? he answered , his acquaintance was not where he lived , but he would get a part where he was known , and afterward told mr. rouse of this , as also , that mr. goodenough had further informed him , the design was to set up the d. of monmouth , and kill the king and duke of york , but that all parties must not know of it ; and the people should be only acquainted , there was like to be a foreign invasion , &c. and if they seemed ready & complyant therein to assist , then to discourse them nearer . that mr. rouse told him , he had before known it , and that he would provide arms for men , and that nothing was to be done , unless the king was seized , adding , that he remembred since the king went and set up his standard , but that he was then for seizing him , not taking his blood , and that 't was a convenient thing for a ball to be playd upon black-heath , and to that end , that several sea-captains should be spoken to , that he himself had ingaged ten , and that the affair should be managed , that he that won should take it , that when they had so done , every captain should take his party , and tell them they had other work , and then go with long boats and arms and seize the tower , that mr. goodenough was acquainted therewith , and approved thereof . that rouse went several times to view the tower , and took one mate lee with them , which mate directed them to traytors bridg , and said , it was an easie place , and that he would undertake to do it with a men , provided they had but hand granadoes ; that mr. rouse met in this business with sea-captains , whom he said was to be two of the undertakers , and that they were willing thereunto . that mr. rouse was afterwards of opinion , for taking off the king and duke both , for then , said he , there 's no man can have a commission to fight for them , and that he had been a traveller , and presumed to say , that the king was sworn in france and spain to bring in popery and arbitrary government in so many years , and therefore it was no sin to take him off , adding , that he had it under his own hand . mate lee testified , that mr. rouse asked him , if he could not get some seamen fit to make commanders of ships , for , says he , with the guard ships at deptford we must secure the tower , and whitehall both , or we do nothing , and besides this , one thomas corbin testified , tho the same did not more affect the prisoner , then to show the temper of the villain , that before the oxford parliament , the said mr. rouse said , he did foresee , the same would be but a short sessions , but these frequent dissolutions and prorogations of parliaments , adds he , will not avail the king , for whatever he hath , the parliament had given him , and might take it away when they pleased , at which , a stander by , bid him have a care what he said , he replyed , the king had forfeited his crown , and had no more right to it then he had . to all which evidence against him , the prisoner he had no more to offer for himself , but that , as to the first witness , the words that he testified against him , were not really said by him , but first mentioned by the said lee to him , of all which ; he had not least matter of proof , besides his own assertion , and indeed , these matters did so quadrate and correspond with the temper of the prisoner , that they were the more readily receptive of credit , which was made plain , in the corroborating evidence of corbin , before mentioned , so that the jury presently gave in their verdict of his guilt . and thus i have gone thro , as intended , the first and most tremendous part of this conspiracy , which i shall sum up in the words of the late lord , chief justice , now , sir francis pemberton , at the end of walcot 's tryal , this design , says he , hath gone into other of the kings dominions , and is to be feared , is larger then the king knows ; 't is time to nip these treasons , when they are gone so far , surely a more barbarous was never thought of by mankind . we have had certainly as many engagements to the king , as any subjects ever had to any prince whatsoever ; he hath done as many acts of grace , we have lived as peaceably , as any people under a prince can ever expect to do ; he hath shewed himself with as much kindness , with as much lenity , even to his very enemies , as any prince that we ever read of ; the preservation of our religion , and the laws of the kingdom , our laws and libertees , and all our happiness , depend as much upon his life , as they ever did upon the life of any prince , or ever can do ; so that we ought all to be concerned , even to the last drop of our blood , to preserve him. but how this mischievous design should enter into the hearts of men , to vndertake to kill him in such a villanous and barbarous manner , may justly make us astonished . thus far my lord. which brings me to the second part of this design , wherein the next unfortunate and ill advised gentleman , my lord william russell was too nearly concerned , who on the th of the said month , at the old baily aforesaid , was arraigned and indicted of the same , whereupon , after his lordship made a challenge of the jury , for that they had not free-hold , in which point his lordship had his councel allowed him , upon the hearing of whom , the court was of opinion , that the same was no good challenge , in case of treason , for that they had not free-hold within the city . but satisfied his lordship , that there was no hardship in the case , the reason of the law for free-holds , being only to the intent , that no slight persons should be upon the jury , where the life of a man , or his estate , comes in question ; but in the city , the persons that are impanelled , are men of quality and estate , and have much to lose , therefore , in substance , his lordship had as much , as if the challenge had been allowed ; so that the jury being called over , after exceptions made against thirty one of them , they proceeded to read the indictment , and call the evidence ; the first of whom , that i may not interfere with what hath been before taken notice of , were collonel rumsey , and mr. shepheard , the substance of whose testimony , was , that my lord russell was at the house of mr. shepheard , when collonel rumsey brought the message aforesaid , from the lord shaftsbury , about the rising at taunton , that he heard the same , and approved of the answer , and that there was a discourse of seeing what posture the guards were in , which was to be done by the duke of monmouth , lord gray and sir thomas armstrong ; thus far collonel rumsey . that at the same time , a declaration , or some papers purporting as much , and setting forth the grievances of the nation , were there read by mr. ferguson , but could not tell , whether my lord heard the same , or was by when it was read , but that he was by when they discoursed of seizing the guards ; so far mr. shepheard . the next was my lord howard , whose testimony , as it chiefly concerned the second branch of the plot , on which we now insist , i shall pursue the same in its several steps , as it was by him declared , ( viz. ) that he was acquainted with captain walcot , and introduced him into that of my lord shaftsbury , where he soon gain'd a confidence with the said earl ; that captain walcot came to him , and told him , that the people were so sensible their interest was going , by the violence offered to the city , in their elections , that they would put a stop to it if possible ; that there were several consults and meetings about it , and that they began to put themselves into a posture to act , some had furnished themselves with good horses , which they kept in secret and blind stables , that divers intended it , and he would imbark in it , and having an estate in ireland , ordered his son to turn his stock into money , to which end , he sent his son thither about august ; that the fermentation growing higher , and every day seemd nearer to action ; that afterward going into the country , he received letters from him , wherein in a disguised cant , he gave him notice , that the negotiation he had with his correspondents was going on , and in good condition , and earnestly desired him to come to town ; this was about the middle of september ; that he came to town on michaelmas day ; that captain walcot dined with him the next , where he told him , that my lord shaftsbury was withdrawn from his house , and tho he had absconded from divers others , would willingly speak with him , and for that purpose , had sent him to him , with whom he went , and finding my lord alone , my lord told him , that however innocent he was , yet he , and all honest men , were unsafe , so long as the administration of justice was in such hands , as would accommodate all things to the humour of the court , that in the sence hereof , he retired , and that he did not doubt , affairs were so ripened , and things so prepared , but that he would be able , by those men that were in readiness in london , to stop the torrent ; but complain'd , the design was much retarded , by the deportment of the d. of monmouth , and the lord russell , who had withdrawn from his assistance , and their own engagements , for that when he had got such a formed force , as he had , in london , they told him , the country was not prepared to concur with him , which he lookt on as an excuse , and an instance of their intentions to desert him ; that if they would lose the honour of it , he would do it himself ; to which the lord howard asked him , what forces he had ; his answer was , he was assured of ten thousand brisk boys , who would follow him on holding up his finger , and that they would possess themselves of the gates , and these ten thousand , in twenty four hours , would be multiplied into fifty thousand , and be able to sally out , and possess themselves of whitehall , by beating the guards ; that he was certain of the undertakement , but confessed it a great disappointment , that the lords had sailed him ; that he did consent with some perswasions , that the witness should speak to those lords , but added , he would find they would wave it , or give deferring answers . that accordingly , my lord howard went to the d. of monmouth , and told him the earls complaint ; that the d. told him , he thought the earl mad , and that he was so far from encouraging him , that he told him from the beginning , and so did my lord russell , that there was no good to be done then in the country ; that he asked the d. whether he was willing to meet , who told him , with all his heart ; that he did go back to my lord shaftsbury , and told him what the d. had said , to which my lord replyed , 't was false , and that they were afraid to own it , adding he had reason to believe , there was some bargain between the father and son , to save one another , for when he had brought him to action , he could never get him to put on ; that they had different prospects , that he was for his personal interest , but his people ( as he termed them ) was for a common-wealth ; that an interview between them , would but widen the breach , and that he dared not trust him ; that his friends were gone so far , they could not retreat , for that it was communicated to so many , it would take air ; but that their party was brisk , and that they had a thousand or fifteen hundred horse , who would be able to scour the streets , and hinder them from forming a force against them ; but no interview wou'd be admitted , only he added , that he might let them know what forwardness he was in , and that if they would correspond with him , they might , or he would go on without them ; which message the lord howard carried back to the duke , and at length obtained their consents to a meeting , which , with much adoe , the earl consented to , but the time appointed was put off , apprehending himself in some danger ; that after this he did not see the earl , but heard that my lord russell had , and that they had put off the rising for a fortnight , on condition , that those lords , and several others , should be prepared to raise the country at that time ; this was told him by the d. of monmouth , who added , that they must be now in action , for that there was no holding it off longer , and that he had been at wapping all night , and never saw a company of bolder brisker fellows in his life , and that he had been round the tower and seen the avenues thereof , and that it would not be difficult to make themselves masters thereof in a short time , that he thought it would have come to action , but that the duke afterwards told him , the gentlemen in the country would not stir , hereupon they were in a great hurry , and captain walcot ▪ came several times to him and discoursed thereof , saying , it was a dishonour of the lords they were backwards to perform their parts , but they resolved notwithstanding to go on ; and , that they were resolved to rise , and believed , that a smart party might perhaps meet with some great men , that he acquainted the duke herewith , and that there was some darke intimation , as if there might some attempt be made on the kings person , at which , the duke in a passion struck his breast , and cryed out , god soe , kill the king , i le ne're suffer that , and hereupon went to the playhouse to find out sir thomas armstrong to send him about the city to put it off , that the day the king came from newmarket , several of the conspirators dined in the city , where a notion was conveyed about , that some bold action would be done that day , and comparing it with the kings coming home thought it might be upon him , that my lord grey hereupon swore , that if the same was attempted it could not fail , but his majesties safe arrivel put by the expectation , and what was next determined was the rising on the th of november . but the proclamation against bonfires then coming out , fearing the same was discovered , it was put off , all which , my lord shaftsbury taking notice of , took shipping and went away . that afterwards , fearing a discovery ; the same having so far spread it self , it was thought that it would not be safe to retreat , and withal considered , that an affair of this weight consisting of of such infinite particulars , it would be very necessary , that there should be one general councel that should take upon them the care of the whole , upon these thoughts a cabal was erected amongst themselves , which consisted of six persons , who were the duke of monmouth , the earl of essex , the lord russel , mr. hampden junior , algernoon sidny , esq ; and the lord howard , that about the middle of january , all these parties met at mr. hambdens house , where it was agreed their province was to take care of the whole , the things to be thereby considered of , were agreed to be , whether the insurrection was most proper to begin in london or in the country , or both at one instant . to which it was said , in the country , the duke of monmouth giving it as a reason , that it was impossible by a rude rabble hastily got together , to oppose a formed methodiz'd and well governed force , and therefore whatsoever numbers could be gathered in the city would be quickly suppressed before they could form themselves , that in the country they might without the same fear they would be here subject to , and that being likewise remote from town it would put the king on the dilemma that he must send his forces to reduce them , or not : if he did , the city was left nake & would give them opportunity to rise and come back upon the kings forces , if not they might have time to form their numbers and be better ordered , it was further considered what arms was necessary to be got , and how disposed , what towns were most disposed to action , that it would be necessary to have a common bank of or l . to answer the occasions of such an undertaking , but the last and greatest was to draw in scotland to consent with them , which at the next meeting , the same persons being all six there , where at my lord russel's own house , it was resolved some persons should be sent to my lord argyle , to settle an understanding with him and others , to scotland , to invite some persons hither who best understood the state and could give account thereof , the persons agrreed were sir john cockram , lord melvill , and one campbell , and accordingly aaron smith was agreed to be sent , and colonel sidney to take care of the affairs . this was the tenour of my lord howards evidence , which , together with what was before repeated , was the sum of what was proved against the prisoner , to which his exceptions were first in general against the evidence for that they were concerned in this matter , by their own shewing , and then particularly against my lord howard , that before he came as a witness against him , he had declared to the earl of bedford in the hearing of my lord anglesey ( who testified the same in the behalf of the prisoner ) that the said earl had a wise son and a worthy person , one that could not be in such a plot , as the same was , or suspected for it , and that his lordship might expect a good issue in that affair ( his son being then committed ) and that concerning him , he knew nothing against him or any body else . the same words at another time spoken , or the like effect were testified against him by mr. howard , and dr. burnet to the same purpose , only adding some imprecations his lordship had made to confirm what he sa●d : to which objection my lord howard replyed , that the circumstances he was under obliged him to outface the matter . several other witnesses were brought to prove the prisoners reputation and sobriety of life , but the evidence was so plain and undeniable against him , and the consequence so great , that all good men abhorred his crime at the same time they had compassion on his circumstances ; and even then when by their oaths and consciences the jury were bound to find him guilty , they pittied his misfortunes . i now proceed to the tryal of collonel algernoon sidney , ( which tho the same doth not fall in order of time , yet its necessary to give the account thereof , it being the close of the evidence touching the main plot ) who came to be arraigned the th of november last , and tryed the th . wherein i shall pretermit all such testimony as was given in general , and which is before touched , previous to what most concerned him , by west , rumsey , and keeling , as also the former and introductory part of what my lord howard testified , which i have taken notice of in the preceeding pages . that which cheifly concerned the prisoner , was the two meetings and consultations afore mentioned , at mr. hambdens , and my lord russel's , as also the business of scotland debated , in the latter , to which colonel sidney propounded , that he would take care of the person , and that he had one in his thoughts , and named aaron smith , who was look't on as a proper person , and was accordingly sent by him , as he himself told the lord howard , and that he gave him about guineys to supply his charges , and had received a letter from him on his way to newcastle . a second part of the evidence against the prisoner , were several papers found in his house , which were by three witnesses proved to be of his own hand writing by persons that were conversant with the same , in which papers there was a continued thread of argument laid down , not in one single proposition but a whole series of reasoning , in which were these positions , that the king derives all his power from the people that 't is originally in the people , and that the measure of subjection must be judged ly the parliament , and if the king does fall from doing his duty , the people will exact it . and this he lays down as no ways prejudecial to him , for , says he , the king may refuse the crown if he do not like it on these terms , but if he does accept it he must expect the performance will be exacted , or revenge taken by those he hath betrayed , then he sets up an objection and argues against it , ay! but shall the people judg in their own cause , which he thus answers , it must be so , for is not the king a judg in his own cause ? how can any man else be tryed and convicted of any offence , if the king may not be judg in his own cause , for to judg by a mans self or his deputy , is the same thing , and so a crime against the king cannot be punished , and then he takes notice of it as a very absur'd position the king should judg in his own cause , and not the people . that would be to say , the servant entertained by the master should judg the master , but the master shall not judg the servant , and after this sort of argument he comes to this setled position . we may therefore , says he , change or take away kings ( without breaking any yoke , or tho 't is made a yoke ) the injury therefore is in imposing the yoke , and there can be none at all in breaking it . but he goes on in the said papers by way of answer to an objection , that if there be no injury yet there may be an inconvenience if the beadless multitude should shake off the yoke , but says he , i would fain know how the multitude comes to be headless , and there gives you instances in story , and from foreign nations comes home to the english , and tells you how all rebellions in latter ages have been headed , and tells you the parliament is the head , or the nobility , and gentry , that compose it , and when the king fails of his duty , the people may call it , the multitude therefore is never ▪ headless , but they either find or create a head , so that upon the whole , here is a plain and awowed principle of rebellion established upon the strongest reason he hath to back it , which with the other evidence against him was sufficient to prove his compassing the death of the king. the affirmations he makes is , when kings break their trusts they may be called to an account by the people , this is the doctrine he brooks and argues for , and in another part of the book , he says , that the calling and dissolving of parliaments is not in the kings power . so that the king having called and dissolved parliaments , in so doing he hath broke his trust , and consequently by his arguments may be called to an account by the people and deposed , which is certainly a treason of the deepest tincture , and which the jury upon consideration thereof , and the other sufficient prooffs against him , so found , and brought him in guilty , upon the whole , we have here met with an account of one of the most atrocious and villanous designs as any recor'd in the whole world can furnish us with , and particularly in this last gentlemans case , wherein it was the more dangerous , in that he proceeded upon the foundation of his reason , it was his beloved principle , the avowed guide of his actions , that by which he led the stedy course of his life , and he that is convinced of these principles , what will he not do , what will he leave undone to accomplish and bring about his designs , how wary will he be in his actions , which way to bring them securely about , and so much the more dangerous is the conspiracy in him , by how much more it is rooted , and how deep it is , you have heard , he writes it as his principle , that it is lawful to depose kings who breaks their trust , and that the revolt of the whole nation in that case deserves not the name of rebellion , sad must our state then surely be when people are impious for conscience sake , and ruin and destroy the government for the good of it . having thus far travelled through the preceeding particulars , i doubt not but every impartial eye will clearly behold the malevolent intentions of this phanatical frenzy , and accordingly eschew all such doctrines , and principles , as shall secretly connive at , or openly abet the same , which had they now taken effect , let us stay alittle to consider the condition this miserable nation , and people would have thereby been immersed in , but here imagination must supply the defect of my discription , for 't is not enough to say we should have lost the best of kings , the best of governments , the best of religions , and the best friends and maintainers of each , but alas , who of us had been safe ? unless we could have yeilded to have joyn'd with this impious and abominable faction , which had to any considering or good man been less eligible , then martyrdom it self . it had been enough to have condemn'd us that we had any thing to loose , the extravagant heir would never have complained his fathers hours too slowly wasted , but have turn'd parricide and correpted them , the servant would scarce have yeilded to have borne the remainder of his seven years yoke , but have eased himself thereof in the slaughter of his master , the slave had dominioned o're his lord , the base and scoundrel world have seated themselves on the benches of state and justice , whilst , our streets had been channelled with bloud , our fields been fill'd with slaughter , our houses with rapine , and our selves mourning over their fates , who had got the start of us , only some few tiresom and melancholly minutes which had been spent in the expectation of our threatned and advancing danger . this i say , had been the case of the most innocent amongst us , and may not we therefore , as on the one hand praise our god , for our deliverance , so on the other with a just and pregnant indignation , set our mark , of regret and abhorrerenc on those principles and parties , that endeavoured , ( nay give me leave to say , as far as we can pry into the closets of their breast , or judg of what is there stored by their words and actions , ) do but yet too much endeavour to accomplish the same upon us . why otherwise should there be any one amongst mankind so much an infidel to sense and reason , as to proclaim his doubts or hesitations ( which by the way are only to amuse the vulgar ) of the credit of this phanatical conspiracy , which hath been so demonstratively made evident that the light in the heavens is not more obvious to our natural , then this to out intellectual capacities . but least the poyson of such amusements should too far spread themselves , ( amusements which the promoters understands to be so ) i shall take a short view of the parties condemn'd , as they were too fatally by their treasons , drove to the outmost brink of life , and stood ready to launch into the ocean of eternity , at which time it might be well expected , however their carriages had represented them to the world , as traytors and injurious persons to the government they liv'd under , the dread of that tribunal to which the rope and ax had summoned them , would in some measure work them to a true and penitent confession of those crimes for which they came thither . as to the three first , walcot , hone , and rouse , who suffered together at tyburn on friday th of june . these three severally confessed the crimes that brought that unhappy fate upon them , whose evidence in the sight of that grim messenger that then stood before them , was more to be considered against themselves , then . witnesses , and which , were it only single , is more then sufficient to take off all cavilling infidelities the worst of men can raise against it , yet least their objections , which are upon the same structure raised as to the speech of my lord russell , may prevail upon the ignorant and misinformed , let us look alittle into the same , and hear the objectors arguments , ( say they ) if then the facts whereof my lord russell was found guilty by the jury upon such pregnant proof be so evident , how is it possible for a dying man before god and men to assert his innocency with such assurance , and so frequently repeated in his speech to the sheriff , first , god knows how far i was always from designs against the kings person , or of altering the government , secondly , i profess i know of no plot , either against the kings life , or the government . in the paper delivered , it is thus expressed , what ever apprehensions i had of popery , and my own severe and heavy share i was like to have under it , when it should prevail , i never had a thought of doing any thing against it basely or inhumanely , but what would consist with the christian religion , the laws , and liberties of this kingdom , again , i have always loved my country much more then my life , and never had any design of changing the government , and would have suffered any extremity rather then have consented to take away the kings life , &c. specious & well guilded pretences drawn by a cunning pencil to please and quiet the conscience of a dying criminal , and cast a mist before the purblind eyes of the unthinking croud to possess them with his innocency , and lay the load of envy and aspersion on the government for a malicious and cruel prosecution against him , for otherwise what need all these careful restrictions and limitations to usher in his innocency , might lie not as well have said in a few plain words , as became a dying man , i know of no design to make an insurrection or rebellion in this kingdom , which had been more a-kind to the crime he came to suffer for , but proceeds he , god knows how far , &c. god knows all things , that 's true , and without doubt was privy to the guilt he then lay under , this amounts to no denial , nor further when he says , in the words of a dying man , i profess i know of no plot either against the kings life , or the government , pray take notice , i know of no plot , how could he then ? the same was put by and defeated , but this is restrained against the kings life or government , very well , but might not the unnecessary guards be seized , and no personal harm , in their sense , done the king , suppose they should have deposed or imprison'd him , or put away other indignity on him , short of life : this might have been done too , without any change of government , the crown might have been translated from one head to another , yet monarchical government unaltered , so that the snare is sufficiently evident to our discovery that the same was cautiously penn'd to glare the eyes of the multitude , and deceive their apprehensions , but i intend not to insist in the taking to peices the said speech , only thence prove that by my lords own confession therein contained , he hath said sufficient to evince the truth of this history , as to the plot in general , and likewise as to his own particular and fatal concern therein , for that he agreed he was at mr. shepherds when such persons were met , as colonel rumsey and mr. west both swear , that there was a discourse of seizing the guards , of the feasableness thereof , and the said two witnesses both add , his undertakement , and in a clause or two , further add , that he remembers the like discourse at my lord shaftsburies , at which time he saith , he flew out and exclaimed against it , and lookt upon it as a horrid thing , and a little afterwards says , that several things were spoken in his hearing with more heat than judgment , and that nothing was sworn against him , but some discourses about making some stirs , and this is not levying of war , &c. which is treason by the statute of edward the d. and not consulting and discoursing about it , which by a fetch was construed a design of killing the king , and so he was cast . in answer to which i would state clearly what the law of the land is on these points to the understanding of all men. the meeting and consulting to make an insurrection against the king , or raise a rebellion within the kingdome , be the end thereof never so specious for the publick good , tho the rebellion be not raised , it is high treason by the law of the land. it was so at common law by the consent of all books that treat of that matter , and no one authority against it . it is so since the statute of the of edward the d , chapter the d , within the first branch of that law , against compassing and imagining the death of the king. the death of the king in that law , is not restrained , to the killing of his natural person , but extends as well to civil death , as natural , to conspire to depose the king , is equally high treason , with that of killing him ; so for imprisoning , seizing or taking , him into the power of his subjects , or for laying any force or restraint upon him , until he do what his subjects would have him ; these are all high treasons , for compassing his death , either natural or civil ; and all overt-acts which declare the intent of effecting any of these crimes , as all meetings , consultations and agreements , to rise in rebellion , and seize upon the kings guards , which are his defence against force , and invite the aid and assistance of the kings subjects of any other kingdoms , are plainly overt-acts , and have been at all times so adjudged . in the d and d of philip and mary , one constable dispersed divers bills in the night about the streets , in which was written , that king edward the sixth was alive , and in france ; and at another time , in coleman-street , pointed to a young man , and said , he was king edward the sixth ; these things tending only to depose the queen , were adjudged high treason , for conspiring her death , and constable indicted , attainted and executed . the case is cited in calvin's case , cooks reports , fol. . eliz. dyer , doctor story practiced with the governour of flanders , to invade the realm with force , and declared , by what means , in what manner and place , the invasion might be ; no invasion following , it was referred to all the judges , to consider what crime it was , who resolved it high treason , because an invasion with power could not be , but of necessity , it must tend to the destruction of the king , ( vide ) the lord cobhams case , jac. the lord greys , the same year , in sir henry vane's case , meeting and consulting about treason , was held sufficient overt-acts ; nor could my lord russell's case be only misprision of high treason , for this is only the concealment thereof by a person , without any mixture of his consent . but if the person be present at the debates and consultations , tho he say nothing , if he doth not immediately reveal it , but continues to meet , and be present at their debates , he is a principal traytor . where a person was not present at the debates and resolves , but is afterwards acquainted with them , and gives consent thereto , it is high treason . this was the case of george brook , to whom the lord cobham related the whole conspiracy , of setting up the lady arabella , who consented to the same , and was attainted as a principal traytor for the same . now my lord russell , as he puts his own case , of being present at several meetings , where seizing the guards was treated of , and horrid things spoken , argues himself guilty of treason , though he make a false conclusion from those premisses , that it was misprision only . but the witnesses proving his frequent meetings and consults , and the last of them , at his own house , and his express consent to the matters debated , put it beyond a questian to any man , that desires not to be wilfully blind , that his crime was high treason in the highest degrees . for which crime , the said lord russell , on saturday the th of july , , had his head severed from his body , upon a scaffold , erected for that purpose , in great lincolnes-inn-fields . having thus answered this objection , i proceed to the death of collonel algernoone sidney , who made his last exit from the theatre of life , on a scaffold on tower-hill , the seventh of december then next following , from whom , considering the principles he had imbibed , it was no wonder , to hear him exalt therein , and look upon the same , rather , as the honourable trophies of martyrdom , then the ignominious brands of disgrace and punishment , which the almighty in his own time visited him with . i die ( says he ) glorifying thee o lord , for all thy mercies , and that at the last , thou hast permitted me to be singled out as a witness of thy truth , and even by the confession of my opposers , for that old cause , in which i have been from my youth engaged , and for which , thou hast often and wonderfully declared thy self . ingenious confession ! this gentleman tells you what 's the cause he suffers in , he speaks it plainly , and blushes not to own its truth ; 't was the cause , the old cause , in which from his youth he had been trained up , 't was not a new thing , a start up opinion , an enthusiastick frenzy ; that it was lawful to plot against , to dethrone , imprison , mock , disgrace , and at last , to murder the best of monarchs , this he had been before honourably concerned in , and this was the cause he gloryed of ; the same that cost the nation so dear a price , that was fostered at no less rate , then the blood of thousands , and ten thousands , of our country-men , that divided our families , made the brothers bosom a sheath for the brothers sword , and the fathers breast a battery against the sons shot ; that left our wives widows , and children orphans , and yet this was the cause he triumphed in , and this was made by him , no less , then the shibboleth of god , and the blood and desolation aforesaid , the miraculous work of the almighty hand , and the distinguishing declaration of heaven it self . in this cause , says he , bless thy people , and save them that shall own it , defend them that defend it ; let thy shield of protection be held over the heads of traytors and rebels to their prince and government . stir up such as are faint , that they may take courage in evil. direct those that are willing , to go through with the plots and conspiracies of treason and desolation . confirm those that waver , that they fling aside the burthens of a conscious breast , and go on steadily in the roads of rebellion , that thy name may be glorified , that our kings may be bound in chains , and our nobles in fetters of iron . then this , what can such cant otherwise signifie , and is it thus to die a christian , where 's the forgiveness we owe our enemies , can that man regard the peace , quiet , or government of his country ? who in a sense , petitions for its confusion , articulo mortis , when his last breath is , taking its final farewel of his condemned , and suffering carcase , at that time to pray to god , to defend and strengthen those that own and defend the cause of treason , such was that cause he dyed in , and such , who well wisht and abetted the same , the only persons he thought worthy of his last orations . monstrous and insufferable impudence , to outface heaven , and vie , as it were , with the almighty , on no better grounds , then if he should have said , the magistrates thou hast placed over me , and injoyned me to obey , i have rebelled against , and glory that i have so done . thy laws i have broken , and rejoyce in an honourable martyrdom for the same . if this be the character of a true protestant dissenter ? heaven defend us , and all good christians , from such antichristian , antimonarchichal , and equally as bad , if not worse , than the worst of jesuitical principles . it is but reason therefore , that we lay by our animosities , in some measure , against them , and debate with our nearer and more dangerous enemies , who , like the frogs of aegypt , infest our dwellings in such numerous and increasing multitudes , that no part of the land is free from them . i wish i had not cause to say thus much , but in this case , who can be silent ? the dumb child spake when he saw the lifted sword at his fathers breast , and high time is it for all loyal and ingenious men , to deter those principles that justifie such parricidial and criminal tenets ; and yet , as if we were a people so stupified , that nothing could work upon us ; has it not been the endeavour of too many , who would assume the names and titles of his majesties and the nations best friends , to drive us on to further ruin and confusion . that i do not speak this , without a sad and lamentable , tho truly just ground , let us proceed to examine , since the said horrid conspiracy was miraculously detected , what it is the said party hath been doing , and how they have employed themselves . and here it might have been expected , that in one body , with one assent , they should have prostrated themselves at the feet of his offended majesty , to beg his gracious pardon for their crimes , or at least , if they had been innocent , to have publickly testified their abhorrence and dislike against such , who had been under worse and more criminal circumstances . but instead hereof , observe how restless and unquiet , how concerned and sollicitous , they have been , to evade the guilt thereof , and lay the ill-gotten brat at the door of the government , as a bastard of state , a policy of our superiours , to induce their own ends ; and in their own words , a sham plot , and no more . as a proof whereof , look over the tryal of sir samuel barnadiston , where in one of his letters , the papists ( says he ) are down in the mouth , their pride is abated , themselves and their plot confounded , but their malice is not asswaged . 't is generally said , the earl of essex was murdered ▪ the brave lord russell is afresh lamented ; the plot is lest here , except you in the country can find it out amongst the addressors and abhorrers , with many the like expressions . and can there be any thing more plainly malitious , more openly and execrably envious , then what is contained in these libellous and contrived lies . lies that reflect so immediately on the government , both of church and state , as nothing could possibly have been invented worse of either ; here 's popery and murder in the highest degree charged on both ; his majesty is traduced , as if he were so easie to be prevailed upon , to do things to destroy his own subjects , and like their own party , in the late times , by forms and methods of mock justice . the judges are calumniated as regardless of their oaths in condemning the innocent . the traytor acquitted and the law arraigned , the criminal sainted and the courts of justice exploded , vilified and set at nought , and all this under the umbrage of zeal for the publick good , excellent tenets , and becoming an ignoramus impudence . heaven defend us , where is 't we live ! amongst heathens or mahumetans we should find more loyalty and honour . nay , give me leave to say , that these seditious lies were not only directly and immediately aimed at the government , but even all those persons , who thought themselves obliged in justice and conscience , to shew their duty to his majesty , and their dislike of that damnable design and conspiracy against him . for now , says our author , the plot is lost here unless you find it amongst the abhorrors and addressors in the country . so that all mankind , who ever thought themselves under any sort of obligation , to congratulate that blessed and happy deliverance of his majesty and royal brother , from the pit that these men had dug for them , ( and whereinto they themselves had justly fell ) these , i say , must be branded with the ignominious and opprobious names of papists , abhorrors , traytors , addressors and sham-plotters , which evidently demonstrates , it was not only aimed at the civil magistracy , but all that dare be honest , and oppose faction and rebellion , how near this amounts to high treason , let any man give his judgment , as for my own part , i can't but perceive the same temper of mind and inveteracy of spirit goes to the making up the one , as there would be required to the perpetration of the other , and nothing shall ever prevail with me to induce an alteration of this opinion , that they who could say , the first , were well-wishers & abettors of the latter . but our libeller rests not here neither , but to shew him of the same temper with the rest of the faction , he lays the bloud of the earl of essex , tho shed by his hand at the same door ? it is ( says he ) generally said , the e. of essex was murdered ; & in another place , mr. braddon , who prosecuted the murther of the e. of essex , the information put in against him , in the kings bench , by mr. attorny , for a pretended subornation , &c. was not prosecuted , and his bail discharged . but our author was herein deceived , & since thence mr. braddon hath found the law his master , & the government too careful to connive at such practices , undertaken singly , without the least ground of probability , to bring an odium upon the kings majesty , & his royal highness in that the same strongly insinuated , as if they , who by chance , had been walking in the tower that morning , when this unfortunate thing hapned , had designed the same . how base , how devilish , and how hellish a design this was , and how far from all imaginations or umbrage of truth , is so plain , ( that i shall spare paper in relating the circumstances , and refer the reader to braddons tryal in print , where he may be fully convinced thereof , ) and yet this so carefully dispersed and distilled into the minds of the kings subjects , that no age or record can give a parrallel thereof , as to every malitious part the said design was built upon . nor can we imagine , had the same taken effect , what influence it might have had on the less discerning : how strongly it would have incouraged the expiring hopes of the almost disappointed party , and have set them within the prospect of a returning incouragement , once more to have prevail'd in their trayterous , impardonable and wicked conspiracies , how hastily would they have run down the plot then , when now they have the impudence to attempt the same . but god be thanked , the vail is drawn from before our eys , and we now behold their execrable designs stript and naked before us , the phantom is vanished , and our fears and apprehensions are quieted in the firm and steady view of the over-ruling hand of providence , which we have experienced in their confusion . yet can i not pass over this so ill intended a design , without a little recapitulation of the methods used in carrying on the same , which if seriously considered , was certainly in it self as much to be condemned , in it's contrivance , as end , for tho subornation and perjury ( foro conscienciae ) be a crime of as high a nature ( tho not so severely punishable as mankind can well commit , ) yet in this case it was extraordinarily such : for were it to have been managed between men , who had known the nature and value of the guilt , it had been more excuseable in that such dealings had been ( in some sort ) on fair terms , souls on each side had been staked , the suborner and suborned , but to draw in children as they did , children who were not of age capable to understand what they did , that knew no more hazard therein , then the venial peccadillo of a childish falsity punishable by a school lash , or parental reprehension , to practice on these , is to answer for a double crime , to pledg their own souls , not singly for themselves , but for them they had drawn in , and if every man shall have a sentence severe enough for his proper sins ; what is he to answer before the great judg of all men , that is not only to stand the severity of the almighty for himself , but the innocent whom he ensnared . execrable , abominable , and impardonable impiety ! and is it thus to gain the name of good men , do such need their guards , * their defence , let them have them , but may they then attend them , to the gibbet , that the nation may be rid of such perverse and ill principled monsters . but to draw to a conclusion , let us now change the scene , and having thus as in miniature presented you with the figure of this gorgon , i shall only take a shortscheme of the present alteration of affairs , since the discovery and detection of the abominable crimes herein treated of , as i began with the then season , wherein they first took birth , and herein observe , that as the great creator of heaven and earth , by the word of his power did frame the universal fabrick of the world , which consists of such varieties of beauteous parts , from a wild and undigested chaos , wherein the warring elements were all in uproar and confusion , the moist , the dry , the hot , the cold , combating each other , so hath the prudence and care of his sacred majesty from the contending principles of the faction , which were scarce at a less variance , reduced the same to an harmonious order . insomuch that now we may again hope to live in that peace and unity we so lately dispaired of , and wonderful it is to behold how strangely and miraculously the same hath been effected . yet so it is , that now , as if a new light had its birth amongst us , we see with other eys , we are no longer cheated by the vain and painted delusions of phanatical zeal , but can spie the deceiver beneath the black cloak , distinguish the rebel from the patriot , and behold the cunning presbyter in a gown and circingle . we regard no more the voice of property and liberty in the mouth of the betrayer , the cry is no longer , a parliamant , a parliament , ( tho we want not a just reverence for that grand assembly , when his majesties pleasure shall call them together , and they are legally and loyally disposed ) yet our peace is confirmed without them , our churches are filled , and conventicles laid waist , the temples of dagon and baal are neglected , whilst we worship the god of our israel in uprightness of heart , and establisht methods , our laws are duly executed , vice is punished , vertue countenanced , rebellion and sedition are tamed , and loyalty rewarded , and encouraged , our city knows but one great master , who hath purged her of the unwholsom distempers that tainted the body politick . peace rides triumphantly amongst us , dispensing plenty into every bosom , commerce and unity flourishes and increases , at least in the numbers of the best and most loyal , and in short , to sum up all , his majesty is blest in an obedient people , and they in the most gracious , wise and merciful , monarch as ever yet enriched the brittish throne . finis . errata . page line . read , nothing but virulent : page . line . . for aske , read , 〈◊〉 〈◊〉 he believed did . notes, typically marginal, from the original text notes for div a -e the right of fleeting sheriffs of london and middlesex briefly m●●●…●●d declared , page . page . walcot 's tryal . page . walcot 's tryal . page . walcot 's tryal . page . rouse's tryal . page . walcot's tryal . v. speaks tryal in his letter to sir r. a. die jovis, novembr. . two orders of parliament the one, referring to the councel of state, to give ten pounds to every one who shall bring in a high-way-man; the other, referring to the said councel to give reprieves to persons guilty of robberies, if they shall discover any of their accomplices. england and wales. parliament. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) die jovis, novembr. . two orders of parliament the one, referring to the councel of state, to give ten pounds to every one who shall bring in a high-way-man; the other, referring to the said councel to give reprieves to persons guilty of robberies, if they shall discover any of their accomplices. england and wales. parliament. sheet ([ ] p.) printed by john field for edward husband, printer to the parliament of england, london : [ ] date of publication from wing. a variant of the edition lacking caption title (wing e ). signed: hen: scobell, cleric. parliamenti. reproduction of the original in the british library. eng robbery -- england -- early works to . bounties -- england -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no die jovis, novembr. . two orders of parliament: the one, referring to the councel of state, to give ten pounds to every one who shall england and wales. parliament. a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - elspeth healey sampled and proofread - elspeth healey text and markup reviewed and edited - pfs batch review (qc) and xml conversion die jovis , novembr. . two orders of parliament : the one , referring to the councel of state , to give ten pounds to every one who shall bring in a high-way-man ; the other , referring to the said councel to give reprieves to persons guilty of robberies , if they shall discover any of their accomplices . resolved upon the question by the parliament , that such person or persons who shall at any time within the space of six moneths now next coming , apprehend and bring in safe custody before any iustice of peace , or any other officer of iustice , any person that hath committed , or shall commit any burglary or robbery on the high-way , or that hath or shall break open any dwelling-house , or enter into any such house , and there use any violence upon any persons or their goods , dwelling or residing there , vpon the conviction of such person apprehended , shall have a reward of ten pounds for every such person so apprehended and convicted . ordered , that all and every the sheriff and sheriffs of the respective counties in england and wales , where such apprehension and conviction shall be made and had , be required upon the certificate of the iudge , or under the hands of two or more iustices of the peace before whom such conviction shall be made , to pay unto such person or persons who shall apprehend such offenders , the reward aforesaid of ten pounds for every offender so apprehended and convicted , out of the publique moneys received by him in that county , and that the same shall be allowed unto him upon his accompts in the exehequer . resolved upon the question by the parliament , that the sheriffs , the iustices of peace , and members of the committees in the several counties throughout england and wales , or any of them , be authorized and required speedily to disarm all papists , delinquents , and other suspitious persons who have arms contrary to the law , and to take order that such arms be brought into some publique magazine for the publique use . ordered , that all iustices of peace in the several counties , be required and enjoyned to put in execution the laws against vagrants and rogues , and to take especial notice of such persons as are or shall come out of ireland , or pretend to be such , and travel up and down the countrey and beg , and either to send them back again , or otherwise to punish them as vagrants according to the law . and that all masters of ships , mariners and sea-men , be enjoyned not to bring over any such persons coming out of ireland into this nation ; and the generals at sea , and all captains of the ships belonging to the state , and all officers of ports are to take especial care hereof . ordered , that it be referred to the councel of state , to cause these votes to be printed and published , and to see the same put in execution , and require an accompt every moneth from the counties ; and that the said councel give an accompt thereof to the house . hen : scobell , cleric . parliamenti . die jovis , novembr. . ordered by the parliament , that the councel of state be impowered to give reprieves or protection to such person or persons guilty of any the crimes expressed in the former vote , or shall make any considerable discovery of his or their complices , or other the like offenders , as they shall see cause , for the safety of the commonwealth , and to give an accompt of it from time to time to the house , for their further direction therein . hen : scobell , cleric . parliamenti . london , printed by john field for edward husband , printer to the parliament of england . the names of the lords spiritual and temporal who deserted, (not protested) against the vote in the house of peers, the sixth instant, against the word abducated, and the throne vacant, in the same method as they entred their names in the journal book england and wales. parliament. house of lords. approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing n estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the names of the lords spiritual and temporal who deserted, (not protested) against the vote in the house of peers, the sixth instant, against the word abducated, and the throne vacant, in the same method as they entred their names in the journal book england and wales. parliament. house of lords. sheet ([ ] p.) printed for j. newton, london : / . reproduction of original in huntington library. broadside. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- parliament. -- house of lords. great britain -- politics and government -- - broadsides - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - jason colman sampled and proofread - jason colman text and markup reviewed and edited - pfs batch review (qc) and xml conversion the names of the lords spiritual and temporal who deserted , [ not protested ] against the vote in the house of peers , the sixth instant , against the word abducated , and the throne vacant , in the same method as they entred their names in the journal book . somerset . exeter . clarendon . bp. of winchester . a. bp. of york . bp. of lincoln . aylsbury . bp. of norwich . bp. of chichester . bp. bath and wells . bp. of st. davids . bp. of peterborough . bp. of gloucester . nottingham . litchsield . rochester . feversham . berckley . bp. of landaff . dartmouth . grissin . bp. of bristol . pembrook . ormond . beauford . brook. jermayne . scarsdale . maynard . northumberland . arundel . chandois . leigh . delaware . grafton . abingdon . craven . a form of settling the crown and succession agreed on in the house of commons , and by them communicated to the house of lords for their concurrence . having therefore an intire confidence , that his highness the prince of orange , will perfect the deliverance so far advanced by him , and will still preserve them from the violation of their rights which they have asserted , and from all attempts upon their religion , lives , and liberties , the said lords and commons , do declare and proclaim , that the said prince and princess of orange , be proclaimed and declared king and queen of england , france and ireland , and the dominions thereunto belonging , to hold the crown and royal dignity of the said kingdom and dominions , to them the said prince and princess , during their royal lives , and the longer liver of them , and that the administration of the government be only in and executed by the said prince of orange , in the names of the said prince and princess during their lives ; and after their decease , the said crown and royal dignity of the said kingdoms and dominions , to the heirs of the bodies of the prince and princess ; and in default of such , to the princess , and the heirs of her body ; and in default of such , to the princess of denmark , and the heirs of her body ; and in case of such default , to the heirs of the body of the prince of orange ; and the lords and commons pray the prince and princess of orange , to accept of the same . and that the oaths mentioned in our last , be taken by all the persons of whom the oaths of allegiance may be required by law ; and that the oaths of allegiance to king james the second be abrogated . london , printed for j. newton , / . l. f. lord keeper his speech before the kings majesty and both houses in the high court of parliament concerning his majesties reigne with the bishops, iudges, & peeres of the land : with the kings majesties speech or charge to the speaker. speech before the kings majesty and both houses in the high court of parliament concerning his majesties reigne with the bishops, judges & peeres of the land finch of fordwich, john finch, baron, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing f c). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing f c estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; :e , no or :e , no ) l. f. lord keeper his speech before the kings majesty and both houses in the high court of parliament concerning his majesties reigne with the bishops, iudges, & peeres of the land : with the kings majesties speech or charge to the speaker. speech before the kings majesty and both houses in the high court of parliament concerning his majesties reigne with the bishops, judges & peeres of the land finch of fordwich, john finch, baron, - . england and wales. sovereign ( - : charles i) [ ] p. printed and are to be sold by richard cotten, [london?] : . reproduction of original in thomason collection, british library. eng great britain -- politics and government -- - -- sources. a r (wing f c). civilwar no l.f. lord keeper his speech before the kings majesty and both houses in the high court of parliament. concerning his majesties reigne with t finch of fordwich, john finch, baron d the rate of defects per , words puts this text in the d category of texts with between and defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion l. f. ●ord keeper his speech before the kings majesty and both houses in the high court of parliament . concerning his majesties reigne with the bishops , iudges , & peeres of the land . with the kings majesties speech , or charge to the speaker . 〈…〉 by richard cotton the lord keeper his noble speech jn parliament . when did ever king of this kingdome , sit in white robes so long yeeres together , & scarce any one made to feele the sensible stroake of the axe , nor blood drawne , but in petty and particular causes . mr. speaker , it was a good wish , and i will joyne with you in it with all my heart ; that they may be cursed and anatomized by the parliament , by all the kingdome , and by all succeeding ages , that goe about in the least way to innovate or alter any thing in that happy government . the commons applauding his lordships expression with a generall hymne , his lordship proceeded . it is a joyfull acclamation , and j doubt not , but that your hearts are full : and certainly you my lords , and you of the house of comons , will easily know , that those that are of that spirit , and that disposition ▪ will quickly resolve all their debates ▪ and all their actions into keales , and into cades principles , which is to ruine the nobility , to ruine the gentry , to ruine and eat up one another . mr. speaker , you have lifted up your contemplations , and raised them on five excellent pillars . that of religion , you doe well in the first place to begin with ; for certainly , it is that which must season all our other blessings : and it is that , to wch we ought to ascribe the great happinesse that wee have so long enjoyed . in that , with great judgment and discretion , you fixe your eye and your case upon the reverend prelats , that assist his majesty on his right hand . certainly to them , and to their predecessors we owe the due preservation of the gospell , in that purity and sincerity that now we enjoy it . let any man but looke backe , from the first of queene elizabeth , and somewhat before to these times , and see to whom we owe it most . the prophet elizha , when he had eliaes spirit doubled upon him , he tooke up his mantle , and there are golden candlesticks , and there are gates of saphire , and onixe , and other rich stones spoken of , aswell in the new testament , as in the old . and god forbid , that wee should live to see god , that is the god of decency , served in such sort and manner , as plow-men come home from their ploughes . mr. speaker , you shall not need to doubt , but that his majesties pious example vnpresidented by a king ( if i should say by any man i should not say amisse ) will give you for the house of commons , and all the world , cause to rest confident , and most assured of his zeale and constancy in the religion which hee professeth ; which nothing within , or without the kingdome hath ever found to move . in the next place , you looke upon the judges and sages of the law , and well you may , persons for gr●vity and for learning : certain●y not exceeded in any age . and for justice and integrity . i am sure if any of them be guilty of the lest defect therein , they have the least reason reason to be excused for it , that ever judges in any time or age . they have the example of the king , they have the freedome of his royall election , they have received from time to time charge and command , that they should with equity , and with indifferency distribute that justice committed to them : and so discharge the trust by god laid upon his majesty , and by him transmitted to their dispensation . for chivalry , the next pillar on which you set up the trophies of honour , the grandees , and great lords of this kingdome . you behold them in number i thinke , far greater then ever their ancestors were : and i doubt not , but their courage is every way equall , and i assure my selfe , they will never forget the famous acts , that have left them honorable to all posterity , nor doe the least thing that may deface the monumentall name and accounts of them : or that may in the least kind staine their nobility and magnanimity . for commerce , it is most certaine , mr. speaker , it is the royall mines of this kingdome , the east & west indies of our nation , and in that we have all great cause to blesse god , and to give humble thanks to his majesty , that he takes such paines to maintain and encourage it : that this nation never had a more flourishing time since the conquest , then now it hath . there remaines but unity , and as you say well , without that we can never be happy : i will but turne your saying , you have said , si sumus inseperabiles , sumus insuperabiles , i will but say it is a borrowed one ; but it is a true one : and i will as soone borrow that , si icolldimur , frangimur . mr. speaker , let all the world avoid distrust , assure your selfe , there will not lack out of malignant and ill affections , there will not lacke from pestilent and peevish indeavours to make good their actions , there will not lacke mailcious and ambitious spirits , that may disjoynt and unknit his majesty and this house . and you of the house of commons , you see his majesty hath gratiously invited you hither : and let me put you in mind , that you forget not what was said unto you , which howsoever i will repeat unto you , that ●on may the better remember . that there is nothing doth so much take , a gratious and good nature , as humble , sweet , and cheerfull expressions of affections . for your petitions , his majesty hath heard them all , and grants them all , as fully and as freely , as ever himselfe in other parliaments did , or have any of his predecessors before him done . and therefore there remaines nothing now , but that you goe on with cheerfulnesse , you goe on with duty , you goe on with the expressions , that may rejoyce the heart of so gracious , so just , and so good a king ; and that may be more then showers in the drought , and heat of summer to refresh and cheere this kingdome , and all his majesties dominions , his maiesties speech . mr. speaker , i will onely say one word to you , now that you are the speaker , i command you to doe the office of a speaker ; which is faithfully to report the great cause of the meeting , that my lord keeper in my name , did represent unto you the last day , with this assurance , that you giving me your timely helpe , in this great affaire , i shall give a willing eare to all our just grievances . finis . the cloudie clergie, or, a mourning lecture for our morning lecturers intended for a weekly antidote against the daily infection of those london preachers, who de die in diem do corrupt the judgments of their seduced auditors, against the governours and government of the common-wealth of england, grounded upon received aphorismes, digested into chapters, fit to be considered by those froward [sic] chaplins that have been the quondam beautefews against the late king of england, and are the present beadsmen for the now king of scotland : the like whereof they may expect from week to week, while they abuse the parliament and army from day to day / by a friend, who for their timous recovery doth cri in hope. price, john, citizen of london. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing p ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing p estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the cloudie clergie, or, a mourning lecture for our morning lecturers intended for a weekly antidote against the daily infection of those london preachers, who de die in diem do corrupt the judgments of their seduced auditors, against the governours and government of the common-wealth of england, grounded upon received aphorismes, digested into chapters, fit to be considered by those froward [sic] chaplins that have been the quondam beautefews against the late king of england, and are the present beadsmen for the now king of scotland : the like whereof they may expect from week to week, while they abuse the parliament and army from day to day / by a friend, who for their timous recovery doth cri in hope. price, john, citizen of london. p. printed for henry cripps and lodowick lloyd ..., london : . marginal notes. attributed to john price. cf. halkett & laing. reproduction of original in union theological seminary library, new york. eng great britain -- politics and government -- - . a r (wing p ). civilwar no the cloudie clergie; or, a mourning lecture for our morning lecturers; intended for a weekly antidote against the daily infection of those l price, john, citizen of london d the rate of defects per , words puts this text in the d category of texts with between and defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - john latta sampled and proofread - john latta text and markup reviewed and edited - pfs batch review (qc) and xml conversion the cloudie clergie ; or , a mourning lecture for our morning lecturers ; intended for a weekly antidote against the daily infection of those london preachers , who de die in diem do corrupt the judgments of their seduced auditors , against the governours and government of the common-wealth of england : grounded upon received aphorismes , digested into chapters ; fit to be considered by those froward chaplins that have been the quondam beautefews against the late king of england ; and are the present beadsmen for the now king of scotland . the like whereof they may expect from week to week , while they abuse the parliament and army from day to day . by a friend , who for their timous recovery doth cri in hope . august . . london , printed for henry cripps , and lodowick lloyd , and are to be sold in popes-head-alley . chap. i. of iust power and government . iust government is gods ordinance for mans good●… and the kinds thereof are mans ordinance for gods glory ; to live without government becomes beasts and not men ; to live under the absolute arbitrement of any governor , i●… to make men become beasts ; the rise of government or the species thereof is the peoples vote , a the rules thereof the peoples reason , b and the end thereof the peoples safety ; c all soveraignties are virtually the peoples , though formally their rulers ; the majesty of magistraci●… is di●…erst amongst the people , and contracted in their rule●…s , which is not conferred upon their magistra●… to devest the people thereof ; but the better to preserve the people there ▪ d neither hath the people right to wrong themselves by passing away that patrimon●… irreversibly , which was first given the●… to preserve th●… from slavery ; the peoples power 〈◊〉 is of little use and of great danger ; for the●… 〈◊〉 〈◊〉 will b●… 〈◊〉 ty mans 〈◊〉 , ●…and each neighbor may prove a tyger each to other without control the peoples power so transferred as that it should be irreversible , irrevocable , tempts the rulers into t●… , and the people into slavery ; which if i●… hath b●…en the sin of a forme●… generation , should be the sorrow of this , and 〈◊〉 occasion 〈◊〉 the providence of god in the 〈◊〉 of means ●…o a 〈◊〉 〈◊〉 ●…on to their primitive privileges e the children being bo●…d to repent and forsake , and not to p●…t in their father●… wickedness . god exalts no man for his own b●… other mens 〈◊〉 the greatest ●…ds are the greatest for●… , 〈◊〉 greates●… glory 〈◊〉 be d●…gent conservators of the p●…oples 〈◊〉 god hath ma●…e rulers consorts of his dignity ▪ 〈◊〉 have 〈◊〉 〈◊〉 〈◊〉 therefore they are not despicable , but they shall die like me●… and therefore accomptible ; god is as full of goodness as greatness ; of mercy as majesty ; of grace as glory : when men are as good as great , they render themselves like god : not onely honorable but amiable ; the glory of greatness is goodness , which ( being commensurably mingled together in rulers ) renders their precapts preswasives to obedience ; majesty alone terrifies ; and a simple potentiality by divine permission may be in sathan ; love constrains ; and the vine may better compel in government then the bramble command ; and natural ingenuity makes men willing rather to be slaves to love then servants to meet power , so endeth the first chapter . application . is just government gods ordinance , and that for mans good ? and are the kinds thereof mans ordinance , and that for gods glory ? these principles thus connext , may serve as a bundle of rods for the backs of those fools ; who ( like the unjust judge ) neither fear god , nor regard man , but by their pettish pens and unruly tongues , in sermons , in prayers , &c. do ( as much as in them lies ) cast thereins of government upon the necks of the people , suffering them to run without controle to the devil ( if they will ) intimating unto them that they are not obliged to the present government , and by consequence at least , pro tempore , to none at all ; there being no other government in actis exercito but onely that that is now established ; and is not this the practise of severall of our morning preachers , whose early supplications to the god of heaven are little better then envious ventilations of their distempered minds against his vice-gerents on earth , and whose morning sermons de die in diem are little other then nauseous vomitious and servent ebullitions of their restless thoughts against our present rulers , who ( it seems with solomons wicked men ) cannot sleep except they have conceived some mischief against them ; and whose sleep is taken away by their pillow meditations how they may rise in the morning & manage the matter so in the pulpit , that they may cause some to fall into the like contempt ; who make no other mention of our governors in prayer & sermons before the lord in the assemblies of his people , then such as sathan did against iob , accusing them , and enviously repining and complaining of that hedge of protection which god hath made about their house , and about all that they have on every side , that he hath blessed the works of their hands , and that their substance is increased in the land ; most sollicitously pleading with god that he would put forth his hand against them , and touch all that they have with his finger of his displeasure , and pull them down and raise up their enemies ( whom they have displaced ) in their room , who do so principle their people against authority , as if their education was in the scholes of those whose religion is rebellion , and whose faith is faction , who ( to establish the holy chair and themselves therein ) hold it not only lawfull but meritorions to sacrifice the peace and tranquillity of whole commonwealths , yea and the very lives of our governors to the service of their distempered passions and discontents ; if they fast , it is for strife and debate , pretending a sacrifice unto god , and to worship him , but designing nothing more then ( as herod in his pretence of worshing christ sought his ruine ) to destroy this young commonwealth whilst it is in its swadling cloths ; or as baalam did in multiplying his sacrifices , from hill to hill , so these from pulpit to pulpit presuming they shall bless the lord by cursing his people , making their fasts from day to day in publike , in private , with pretence of much zeal for the glory of god , for no other purpose then as iezebal did , the end whereof is to set naboth on high in the sight of the people , viz the parliament and army , to procure the sons of belial , the rude multitude , falsly to charge them for blaspheming god by toleration of error , heresie , blasphemy ; &c. that so they may rise up and stone them , and take away their vineyard , their present authority which the lord forbids them to part with all . if they pray , instead of making supplication for those that are in authority over them , that under them they may live a peaceable and quiet life in all godliness and honesty , which favor they more fully enjoy without the least controul ( except for disturbing the publike peace ) then ever under any former authority ; they either make not the least mention of them , or else so stir up the people against them by malignant false scandolus and base reflection of dishonor upon them , that have been little other then even bloody beautefews to another war . but let us hear their objections , and return them answers . object . it is true . iust government is gods ordinance for mans good ; and the kindes thereof mans ordinance for gods glory ; but care that government be just that is procured by unjust ways ? potentiality is not authority . if jack straw , or wat tiler , no●… ▪ crumwell and tom pride should by force of armes pull down our lawfull magistrates , and sett up themselves , and rule us with rods of iron , their glittering swords : is this just government ? must we obey ? will not our submission argue our concession to all that they have done ? and shall not we by our post act partake of their sin , and so of their curse ? first , we answer ; though we grant the government was altered by force of arms , and that comparatively , by a small party of the nation ; yet , rebus sie stantibus , and consideratis considerandis , they had a very sufficient warrant for what they did ; for first , they had authority ; secondly , they had equity ; thirdly , they had an opportunity for their action . the reason is plain , viz. because they onely adhered unto their trust ; and the rest of their fellow commissioners , which with them were the trustees of the common-wealth , did plainly , treacherously , and basely , contrary to their trusts , their votes , covenants , promises and ●…esolutions , decline the peace and interest of the nation , endeavouring to patchup a peace with the late king upon such terms , which being acquiesced in , would , and that in the then judgement of the very scots , destroy the very ends of all their former proceedings ; yea betook themselves unto such a course by treating with the late king which ( ●…cording to their own declaration when there was ●…ot the least shadow of restraint upon them ) they profest they could not in conscience do , except they were resolved before hand to treat away all that they fought for , and to be treated out of all that they ●…uld not be fought out of , vea , which course if they should 〈◊〉 , they declared they should draw the whole g●…lt of all the bl●…d that 〈◊〉 shed in the three nations upon themselves , and not onely ●…oo bad do that which they declared would tend to the apparent destruction of the persons which have engaged , and the ends for which they did engage in the late 〈◊〉 ▪ and hereupon did resolve and orde●… ▪ th●… they would m●…e no 〈◊〉 addresses who the late king , prohibiting all others upon penalty of high treason , not to makes breath of that order ; that they would receive no message from him , enjoyning , that no person whatsoever should presume to receive or bring any message from him , to either or both houses of parliament , or to any other person , and yet after all this , to the amazement of all men , let there be guilt of bloud , or no guilt : let the persons formerly engaged in the wars , and the ends of such engagements be destroyed or not destroyed , so they , could shift for themselves , without regard had either to god or man , they treat with the king , and by the assistance of the tumultuous citizens , insurrecting counties , adjacent and remote in wales , the revolting navy and the base scot invading the nation , were like to reduce us to more intolerable bondage and slavery then ever was known in this land , and to make us more perfect vassals then any are in turkie ; and was it not high time that such treacherous , if not traiterous persons as these were , should be pluck't away even by head and ears that should thus ruine their country , and betray their trust ? do we not well remember how the bels did ring changes at westminster while these were among them ? how did they wheel and reel , advance and retreat , go forward and backward , do and undo , say and unsay , vote and unvote , order and disorder , that the then kingdom did so shuffle and shiver , so tremble and stagger , as if it would have run into the old tohu and bohu of confusion and annihilation , and the poor inhabitants of the nation knew not what to do , nor where to fix ? if they clos'd with the king , beware sequestration ; if they joyned with the parliament , beware ; desolation ; if they cleaved to the army , the city did frown ; if they stuck to the city , the army must down . this day , be it ordained by the lords and commons assembled in parliament , that such and such persons be sequestred for malignancy , for raising up the people by the commission of array against the parliament of england ; the next day , be it ordained by the authority aforesaid , that the said such & such persons be the deputy lieutenants for such & such counties ; one day , these are straightly to charge and command you to take into your safe custody the bodies of such and such persons impeached of high treason , and this shal be your warrant ; the next day , these are straightly to charge and command you to release and set free the persons aforesaid , and this shal be your warrant . yesterday , be it ordered by the authority of this house , that such and such persons be made uncapable to sit as members in this house during this present parliament ; to day , ordered by the authority aforesaid , that the members aforesaid be admitted to sit as members of this house . yesterday , resolved upon the question , that it is not fit or safe for the kingdom that a personall treaty be admitted with the king untill satisfaction and security be given for the bloud that hath been shed by his commissions & commands ; to day , resolved upon the question , that there shal be a personal treaty with the king ; notwithstanding no such satisfaction nor security given as aforesaid ; yesterday , be it declared , that his majesty contrary to his trust , oath at coronation , &c. hath raised and levied a bloudy and unnaturall war , against his loving , and loyal subjects , the parliament of england ; to day , ordered , that his majestie come with freedom , honor and safety to one of his houses , at such a distance from london , upon his royal word , and verball promise , that he shall sign such and such bils , &c. yesterday , be it ordered by the lords and commons in parliament assembled , that such and such persons be commissioners for the militia of the city of london for such a time ; to day again , be it ordained by the authority aforesaid , that the former persons be no more commissioners for the militia of the said city ; but that such and such , formerly displaced , be restored again ; yesterday , exit west from being any longer lieut. of the tower , & enter titchburn ; to day exit titchburn , and enter west into his place again ; was there ever seen such crossings , such shiftings & shufflings , such yeas and noes , such noes and yeas in a parliament before , was it ever like that a parliament so constituted , so uncertain , tottering , staggering , so fast and loose , so up and down , would ever accommodate the interest of this nation as the case stood ? nay , did not all men see that these treacherous members were ready to deliver all up into the hands of him that would quickly ruine and destroy us for our adherence even unto them ? so that it was high time for those that were faithful amongst them to consult how they might though by force of arms , separate these false-hearted men from those that would still keep firm to their profest principles , of preservation of the peace and just liberty of this nation ? and if it was just to oppose the king , and his lords and commons , and that by force of arms , that would have ruin'd us , out of the house in the open field : it is as lawfull to drve away , and that by force of arms too , those that did endeavour likewise to destroy us by a law , the houses of parliament , the common safety of the people being the supream and soveraign end both of parliament and armies ; by all this it appears that they had authority , rebus sic stantibus , to do what they have ; they are a rightfull authority , being those that were chosen by the people , and did adhere unto the ends of their first election , when the test did not . secondly that they had sufficient reason for the altering of the government they have declared ; and because the reason thereof is not impleaded but the authority , therefore i shall wave that . thirdly , they had an opportunity hereunto by the power of the army , as you very well know , for the thing was done , and they had been unfaithful in their trust , having such a means at hand to save the nation , had they not made use thereof accordingly , so that you see the grounds why we cannot grant that the present authority did come by their authority by unjust means , though they got it by force of arms , and that against the consent of the major vote of the parliament ; for here were votes against votes , the former contrary to the latter , those importing the peoples good , these their hurt , those made when the parliament was free , these when they were under new fears of bringing in the late king by force of arms ; those votes beckt with reason and arguments * certified by the parliament to the whole nation ; these grounded upon pleasure . we know that a parliament may vote and revoke , and revote again and again , order , unorder , and reorder , ordain , repeal , and reordain , the same things over , and over , all conducing in their best apprehensions to common safety ; and faithfulness to their trust , may require them so to do , because it is the end , viz. common safety , and not the means , viz. their votes , orders , ordinances &c. that must prostrate them ; and as the case may stand , we may be bound in conscience to submit thereunto ; but when they have praepossessed our reason and judgement not by bare votes , orders , and ordinances , but by strong and effectuall reasons and arguments against treating with the then king , as bringing upon them ( and consequently the whole nation ) all the bloud that hath been shed in these wars , yea , as plucking up the foundatation of ever setling a peace with him which should be just and sure ; yea , that it tended to the apparent destruction of the persons which have engaged , and loss of the ends for which both the nations of england and scotland did engage in these wars , rendring themselves thereby ( according to their own declaration ) base and dishonorable , being in that condition as they were in to treat under the gallows : to treat as traitors , their cause being not justified , nor the declarations against them as rebels recalled ; yea , and fools too , being possest of the sword according to their right not to secure it to themselves and posterity , before they treated of any thing , that neither they nor their posterity might be put to play another bloudy game for the same thing : when we say , they themselves did thus praepossess our judgements , should those of them that did stil remain faithfull unto the nation , suffer the rest ( because the major vote ) having an opportunity in their hands thus to ruine themselves and friends , and must the people submit unto such votes so conducing , because the major part turn base and dishonorable ; yea , fools , and take upon them the guilt of traitors ; must the minor part of a contrary mind be concluded , and not hinder and prevent such things if they can ? can a parliament vote down their own reasons and arguments which they have argued up in the minds and judgements of others ? doubtless the people ought to acquiesce rather in those votes enforced by reason then in those contrary votes evidenced meerly by voting ; there they have their reason , here their will . can we think that it is the duty of the army , or others in parliament , or out of parliament , to content themselves with , and to submit unto the meer wil and pleasure of the parliament in such things as according to their ownjudgements and reasons , yea , and according to the argued , demonstrated grounds and principles of reason of those very persons that ( after without shewing any reason for what they did ) decline the same , that in such a case ▪ they should submit , having an effectuall opportunity ( a well resolved power and strength ) to prevent the same ? no surely . they that told us that a kingdom must not be ruin'd at the meer will and pleasure of a king have taught us to infer the like touching the meer will and pleasure of a parliament ; if it be not salus regis , it cannot be voluntas parliamenti , but salus populi , that is the supream law ; surely he that did never appoint that the lives of millions of men should be prostrated to the meer arbitrary will and pleasure of a ●…ing , did never ordain that they should be thus subjected to the reasonless vote of a parliament ; but if a king should rise up against a people to enforce his pleasure upon them by the sword to their apparent destruction , the people may rise up in arms and resist him ( for so you ministers have instructed the nation ) will it not then follow , that if a parliament should do the like by a vote , that in such a case the like resistance is alike lawful ? neither will it here avail to say , who shall judge ? for it is already answered , that the parliament themselves did judge and determine the matter , and that not simply by bare votes , but by many reasons , and a very large declaration was published by them , importing their many reasons to the satisfaction of the people therein ; and therefore if a parliaments reason , according to common principles shal rise up against a a parliaments votes impugning the same , especially when the life or death of a nation , or the honest party thereof is concerned therein , it behoves the people to rise up , and joyn with their reasons to oppose their votes ; so that you see why we cannot grant that the present authority had no authority for what they did , though a minor party of that authority chosen by the people ; which is the first answer to the first part of your objection . secondly , though it should be granted that thosethat are in present authority did unlawfully usurpe their authority : wil it therefore follow that their authority it self is unlawful , and that it is unlawful to obey it , in lawful things ? what will be the consequences of such an inference ? surely there is a distinction to be made between lawful authority , and the persons therein , and the means whereby they were invested therein ; if their authority was unlawful because acquired by force of arms , contrary to the vote of those that had it lawfully invested in them ; where shall we finde a lawful authority in the world , when generally , if not universally all the parts of the world in respect of their governors are so ruled , viz. by force ? would you in a sober grave christian and dispassionate maner consult with the holy scriptures , you cannot but know how that many kings of israel and iudah under the old testament did ( in regard of their right from man ) acquire their governments by force and power ; you know well how ieroboam ( by the advantage of the distemper of the ten tribes raised by the tyrannical threatnings of rehoboam , that his little finger should be thicker then his fathers loyns , and that he would turn his fathers whips into scorpions , just as the last king did multiply oppressions and cruelties upon the nation above what his father did ) did joyn himself with the ten tribes ; and the said tribes having killed adoram ( with stones ) being sent by rehoboam to purifie them , took the said ieroboam and made him king by force of arms , and so alienated the crown from the house of david , and there was a deadly feude alwayes after between rehoboam and ieroboam ( as is now between the royallists and parliamenteers ) in their successors : and yet we finde not that god was displeased , either with the men of israel , or the men of iudah for their obedience to their respective kings : afterward baasha , the son of abiah , raiseth war against nadab , the son of ieroboam , and kild him , & got the crown himself and raigned in his stead ; after baasha his death elah his son raigned in his stead , and his servant zimri kills him , and got the crown in his stead ; in his time omri by the power of the sword still gets the crown , and forceth zimri desperately to burne himself ; after this the kingdom of israel was divided ; one half of the people take tibni the son of ginah and make him king : the other half followed omri , and then they tried who had the longest sword sti●… , and at last tibni , and his party being foiled , omri got all , and raigned alone ; after omri ahab his son raigned in his stead ; ahab he takes a wicked idolatrous iezabel ( as the late king of england did in the like case ) to be his queen ; she prevails with him ( as the case still runs parallel ) to rear up altars for the service of baal , ( as he did in somersets house , and elsewhere upon the like account ) multiplying idolatrous worship and service above his predecessors ; then the prophets of the lord lifted up their voices against him for his wickedness , ( as you know the faithful ministers did against the late king , you your selves being some of them that did so ) whom he imprisons and persecutes with a perfect hatred ( as you very well know the said late king of england did abominate from his heart all puritan preachers , which was one of his characters in all mens mouthes ; ) well ; abundance of mischief did this wicked iezabel the queen work in israel , especially against the faithful prophets of the lord , for their opposition of her priests ; at last ahab following the counsels of his false prophets , contrary to the advice of the faithful prophets of the lord , lost his life at ramoth gilead ( as the late king did his head at white-hall ; ) the time would fail to run through all instances of the kings of israel and iudah in this kinde . if you look into the new testament , you know that christ was born when the scepter was got by force of arms from israel and iudah , who ●…ere subject to the romans , and paid tribute to cesar , augustus cesar being then emperor ; herod the son of 〈◊〉 had the honor of being the governor of the iews who had the honor●…ble name of king bestowed upon him by the said augustus cesars , which title ( ●…s iosephus re●… ) 〈◊〉 ●…fied by the senat●… of rome ; yet to signifie that all was at the pleasure of the sal●…augustus cesar , he commands a tax to be levied upon all the iews , and upon all his dominions , as appears in the holy scriptures , and he exacts tribute from all the israelites , as he did by his officers from christ himself , who came to peter ( thinking its like to intrap his master ) and asked him , what say , doth not your mast●…-pa●… tribute sir ? why , yes , sir , saith peter , he doth ; and it is observeable that christ reasons with peter upon this argument , viz that they of right ought to be free , and that it was usurpation , and by meer force and power of the said emperor that it was exact●… ▪ we are children peter , and indeed of right we are fre●… ; nevertheless peter , it is but a civil thing , take such a course for so much money ; and when thou hast it , give it for us both ; let the books be crost , let it be discharged ; and the false lying iews when they falsly accused him , said of him , thinking if any thing would hang him that would do it ; this fellow ( say they of the lord jesus ) 〈◊〉 ●…ound perverting the nation : viz. of the jews , and forbidding to pay tribute 〈◊〉 cesar ; which was a most false and scandalous accusation ; fo●…●…e himself did pay tribute ( as you see before ) you see christ himself and his ●…ii sciples did yield obedience , and that without any ●…uple in things lawful unto that authority that was acquire●…●…yn meer forc●… of arms ▪ again , you know , that after christ , the apostles lived ●…nder the same usurpation by the roman emperors maintained by force ; yet you know , how that they did not onely themselves subject , but left their minds in this behalf in holy wri●… , exhorting the churches whom they had planted to subject unto them i●… l●…ful things ; and that not onely paul teacheth the be●…ing r●… subjection , of whom it may be replyed , that the rom●… 〈◊〉 were their own proper governors ; but the same p●…ul instructeth ti●…othy also to lay down rules for all the churches of christ whatsoever touching their deportment in their assemblies , in reference to their rulers , never questioning how they ●…ame into this authority , viz. that they should pray for king●… , and for all that are in authority , that under them they may lead a peaceable and quiet life , in all godliness and honesty , affirming it to be both good und acceptable in the sight of god ; this was their judgement , that if so be they could live a peaceable and quiet life under their rulers in all goodliness and honesty , such rulers should not onely be submitted unto , but earnestly prayed for , that god would blesse them and prosper them . why then should you haesitate in your yeilding obedience to the present governours ? cannot you live under them a peaceable and quiet life in all godliness and honesty ? what hinders you ? had you ever such freedom ( speak your own consciences ) under any government , or governours before ? what strains of idolatry , what ceremonies are imposed upon you ? may you not preach and pray , and pray and preach , and that not onely in private but in publique as oft as you will ( provided you disturbe not the civil peace of the nation ) and may you not do this not only by the toleration and connivance , but by the approbation and countenance of those that are in authority ? and let any history produce when you or the rest of the people of god had the like liberty , and respects from the rulers of england before : yea , and let any history produce instances of the like ingratitude , scorne and contempt cast upon the ruling powers , especially from the grand professors of the ministers of the gospel as your selves are , bedashing them with the blood of the ●…ing , and the imputation of murderers from day to day , scorning all their commands , acts , orders , though requiring things at your hands in themselves agreeable to your profest principles and practises , when they command you to fast and pray for success against your known and avowed enemies , yea the very * rebels in in ireland , you will not ; when they command you to give thanks for success against them , you pine and mourn , and murmur , and will not give thanks , to the very amazement of all that know you , behaving your selves in your prayers ; in your sermons , after such a froward ; peevish peltish manner , as if you had been the sons of the prophet ionah , begotten by him in his angry fits ; never did such ionasnes of spirit appear in so many professors of the ministry in this nation ; nay , do you not pray against the present governors , preach against them , work all underhand mischiefs against them , tamper in the parliament , in the city in the army ( pro●…uring their beheading , that so the body of i●… might fall to the ground ) and all , if it was possible to pul them from their seats of government ? surely christ iesus and his apostles ( whose ministers and successors you profess your selves to be ) were of another spirit ; again , the time would fail if we should insist but upon the tythes of those instances of governours , both in our own , and other countries , who got the government by meer power , and of all the people of god that did always obey them in lawfull things ; and whereas the covenant is pleaded by you for your justification in this behalf ; though enough and enough is answered in this kind , that shift of covenant and plea of covenant being indeed almost worn out , it is most notoriously known that that very covenant was founded and grounded in a quite contrary sense to what you now urge it , viz. to justifie your taking up arms against him that had lawfull authority over you , though he did not use it lawfully , as you all very well know ; and why may not others plead covenant in the like case ? if you will but a little consider the exhortation of the assembly of divines to the taking of the solemn league and covenant , ordered by the house of commons the ninth of feb. . to be printed and published ; you shall see that this very covenant was founded in that which now you call usurpation in the parliament , viz. a covenanted resolution of fighting against the king , and his lords and commons ( be they either the major or minor part of the parliament , it matters not ) that contrary to their trust , did imbondage and inslave the people , and indeavored the same ; and this practise justified in an instance brought in by the said assembly of divines in these words , neither hath this practice or doctrine , viz. of joyning by force of arms against undeserving governors been deemed seditious or unwarrantable by the princes that have sate upon the english throne , but justified and defended by queen elizabeth of blessed memory , with the expence of much treasure , and bloud in the united provinces of netherland , not onely without but against the unjust violence of philip of spain ; king james followed her steps , so far as to approve of their union , and to enter into a league with them as free states ▪ which is continued by his majesty now raigning unto this day ( speaking of the late king ) who both by his expedition for the relief of roche●…in france , and his strict confederacie with the prince of orange , and the states general , notwithstanding all the importunity of spain to the contrary , hath set to his seal , that all that hath been done by his royal ancestors , in maintenance of those who had so engaged and combined themselves , was just and warrantable ; and what had become of the religion , laws , and liberties of our sister nation of scotland , had they not entred into such a solemn league and covenant ( or if you will engagement ) at the beginning of the late troubles there ? but instar omnium , to give you one instance more of your own party , we hope that will be authentique with you ( and that is of the scots ( of happy memory , if your memories will serve you but for two or three yeers together ) who you know when that the major part of the parliament of scotland did vote the sending into this nation and against the same , an army under duke hamilton contrary unto all their former vows , treaties , covenants , &c. ( as the major part of the english parliament did vote a treaty with the late king contrary to their former resolutions , votes , orders , to the hazard of incurring the guilt of all the blood and loss of the ends of the late war ) yet you know a minor party did oppose them , and by their own strength & the aide of the now lord generall , whom they indeed have required most ( what shall we say ? ) scot-like , did depose the said major part of the said parliament ( as the now governing party did here in england ) & by the said power and force , were themselves established in the room thereof ( as the example still runs parallel here ) and yet did you not approve of them , pray for them , bless god for their happy success against their enemies ? can you imagine men so thick-skuld so stupified as not to observe your partiality ? or have you a dispensation to make election and reprobation of actions of the self same nature , disposition , circumstances , tendencies , and to reward them in some with honor and glory : and in others with shame and contempt ? to say unto some men , for these actions , well done you blessed of the lord : and unto others for the like ( every way the like ) go ye cursed , receive a portion prepared for truce-breakers , covenant-breakers , usurpers of authority : or can you make the same things good and evill , light and darkness , lawfull and unlawfull , and that in the very self same respects , references , and relations ? was it lawfull for the hollanders , and the netherlanders , and the scots by force of arms to remove their governors upon presumed just reasons : and not for the english to do the like , having as much , if not seven-fold more reason then these had so to do ? or is it lawful for the subjects in the forenamed places to obey their governors established by meer force and power ; and not for the english to obey their governors in lawfull things , because so established ? in the third place , have you not protection by this government ? and doth not protection oblige unto subjection in lawfull things ? is it not such a peice of inhumanity , as is not to be mentioned , but with utter abhorrency , viz. for a man to seek to destroy that which preserveth him ? is it not iudas like to betray those in authority into the hands of the rude multitude ( as he did his lord ) who through much difficulty and hardship endeavor to save and preserve you ? did not you as well as others ( nay were not you the leaders of others who did ) but as yesterday , spread your garments and palm branches before those in authority who ( contrary to the commands of the late king , his party of lords and commons ) did adhere unto the common interest of the people , and those that would not joyn with him , by whom you have been protected every since , and cry'd out unto them hosanna , hosanna ; and shall you not only now in your own persons oppose them , but still be leaders of the people and rude multitude , to withstand them , crying out in your pulpits in effect , crucifie them , crucifie them ? doth not your non submission , unto our governors in lawfull things disoblige them unto your protection ? non submission in such cases renders you no subjects , but enemies , no friends , but foes ; and is it policy for a state to protect their enemies , and that in their work of generation and multiplying their parties by sermons and prayers calculated for that purpose ? fourthly , you do not only receive the benefit of protection , but also you claim the benefit of provision established by our present rulers in all cases of self-accommodation ; and is not this likewise an obligement unto acknowledgment and subjection ? if any of you be injured or wronged , you fly to the law , and the present ministers of justice under our present rulers for releif and satisfaction ; if it be but in case of non payment of tythe or any thing else , without hesitancy you will seek a remedy from our present rulers : is it equitable or just that you should have the benefit and interest of the present government in all matters accommodations : and your selves be lawless and not at all commanded in lawfull things ? surely the provision of peace , of right , &c. which the law makes , is for the subject , and not for the opposite ; or is this ingenuity becoming the ministers of the gospell to render evil for good , cursing for blessing , to give vinegar and gall for milk and honey ? i mean trouble , ruine , and destruction unto our present governors for that peace , plenty , and preservation which through gods mercy you enjoy under them . fifthly , if you who are the teachers of the people may take liberty of casting behind your backs the lawfull commands of our present authority , why may not all others do the like ? and if so , then should we have no government at all ( as the case stands ) and would not this publique liberty be publique licentiousness ? would not every mans lust be every mans law , and every neighbor prove a tyger each to other ? and would not such liberty quickly prove the greatest slavery when the lawless multitude shall command all ? what would become of your order and men of your function in this case , suppose you should charm up among the common people a spirit of scorn and contempt upon our governors , and prevail with them to rise up as one man against them , and so wrest the government out of their hands and cut their throats ( for that 's the english of your insinuations ) ? do you suppose that you can charm them into a reverential and awful respect of your cloth , and that while they cry out concerning our present governors crucifie them , crucifie them , they will in an awful manner ( as the giddy men of naples to massileano ) observe your nod , obey your commands , go when you bid them go , and come when you bid them come , and fall down before the presbyterian clergy , saying , hath masters and worship you ? be not deceived ; though you think happily that you will for the present make use of the malignant and royall party to lift up presbyterie and intend to make them hewers of wood and drawers of water unto you and your party ; yet had you but your eyes in your head , you should quickly perceive that rebus mutatis de vobis fabula narrabitur , and the revenge of blood should as severely be taken from your party as you now happily expect from another party ; were it not better we should have any government then none at all ? that of the great turk , then of the rabble rout ? will not mens wants be measured by their wils and their appetites be their purveyors ? distracted irregularity is the consequence of anarchy , and such licentious liberty the greatest tyranny ; well , though you rather chuse the hazards of more bloody fierce and cruel wars , and take pleasure in trumpeting up the people hereunto by your preachments , and letters , and tamperings , then obey the present government in lawfull things ; yet how you will be able to stand before the lord , when he maketh inquisition for blood , let god and your own consciences secretly debate and determine . to shut up all , let the response of your consciences in three questions , witness your designs in the presence of the lord . first , whether if the great turk had made war with this nation , and by force of arms destroyed the late king , altered the government , established mahumetisme onely for the people of his own nation , set up himself as supreme onely in things civil , but should have made a law that the christians of the presbyterian way and government onely ( and no others ) should be tolerated in their serving of god according to their judgements , and enjoy their houses , lands , and estates ; no man upon pain of death should kill them or rob them , that they should meet as often as they pleased in publike or private , and exercise themselves in the worship of god , no man daring to molest them : provided alwaies they should subscribe an engagement never to interrupt the publike peace nor raise up the people against them , but that they should promise to obey them in all civill and lawfull things not violating their profest principles , &c. whether in such a case you would not willingly and gladly subscribe that engagement and exhort others to do the like , and bless god with all your hearts for such mercy , and favor shewed unto you , yea and pray for their preservation , and rather desire the lord to reward their kindness for that grace , by preserving them , and converting them unto himself , then to preach and pray , and write , and tamper , and strive , and struggle to ruine and destroy them as you now do our present governors ? secondly , whether if this present parliament ( thus constituted , every way thus acting as they do and have done ) had by the joynt concurrence and unanimous assistance of our present army , lifted up presbyterie according to your own orders and prescriptions , subjecting all men within their jurisdiction to the same , suppessing ( as you should direct them ) all those dissenting brethren or others whom you now call hereticks , sectaries , &c. whether in such a case you would not have prayed for them , and preacht them up as the great repairers of sion and builders of the house of god , the davids , the solomons , the zerubbabels of our age , the nursing fathers of the church of god : whether you would not have cursed all those that cursed them , and blessed those that blessed them : whether you would not have represented their act of justice upon the late king as the most glorious piece of justice that ever was acted upon the face of the earth , and the return of the many prayers oft put up by you , that god would return your prayers upon his heart or upon his head ? that his execution was nothing else but the fullfilling of the many promises made of old touching the honor of his saints in the latter dayes , that they should binde kings in chains and nobles in fetters of iron ; that they were the gideons , the ioshuahs , the calebs of israel , that pull down the pride of princes , and cause the feet of his saints to tread upon the necks of kings , &c. and whether in case any party in this nation , or from other countries should have combined against the governors of the nation thus acting for you , you would not have exhorted all men upon pain of meroz curse , to come out and help the lord against the mighty &c. thirdly , whether in case you your selves had the same power over your dissenting brethren as they have over you ; and that your party did sit upon the high places of government in the common-wealth , you would thus suffer them openly to pray against you , to preach against you , scorn your commands , orders and ordinances ; to stir up the people by all possible means in city , in country and elsewhere , and all this while treat them kindly , continue them their liberties , protect them from violence , give them an equall share of all the priviledges and government of the law , &c. the lord ( the righteous judge of heaven and earth ) judge between you and us in these things . finis . notes, typically marginal, from the original text notes for div a e- a omnis potestes fundata est in voluntate . b constitutio populi liber●… constat in 〈◊〉 quo se constituit populus . c salus populi suprema lex . d magistratus est custos & administrator cōmunium bonorum non pr●…priorum . e eo modo quo quid constituitur , eodem modo & dissolvi potest . f psalm . . . ●… . 〈◊〉 . 〈◊〉 notes for div a e- t●…lle peri●… , & vaga pros●…iet fraeuis natura remotis . iob. . . decla . mar. . in answer to the papers of the scotch commissioners . * feb . . decl. of the of march , p. . febru. . . kings . kings . kings . ibid. luke . . matt. . , . luke . . rom. . tim. . , . * you may expect another lecture upon that subject only . tolle periclun — & vaga prosiliet fraenis natura remotis . to the kings most excellent maiestie the humble petition of the baronets, esquires, ministers, gentlemen, free-holders, and others peaceably affected in the countie palatine of lancaster. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing h ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing h estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) to the kings most excellent maiestie the humble petition of the baronets, esquires, ministers, gentlemen, free-holders, and others peaceably affected in the countie palatine of lancaster. charles i, king of england, - . sheet ([ ] p.). by a.n. for iohn franke, printed at london : . lower half of sheet contains reply to petition: at the court at yorke, xith may. . his majestie hath expressly commanded me to give you this his answer to your petition ... edw. nicholas. reproduction of original in bodleian library. eng lancashire (england) -- history. great britain -- history -- civil war, - . great britain -- politics and government -- - . a r (wing h ). civilwar no to the kings most excellent maiestie the humble petition of the baronets, esquires, ministers, gentlemen, free-holders, and others peaceably [no entry] c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion to the kings most excellent maiestie . the humble petition of the baronets , esquires , ministers , gentlemen , free-holders , and others peaceably affected in the countie palatine of lancaster . shewing to your sacred majestie , ovr heartbreaking sense & sorrow for the unhappy rents & distractions in your majesties dominions , especially in the time of the session of so grave & godly a● assembly ( most graciously convened by your majestie ) endevouring the glory of almightie god in the reformation of religion , and the honour and weal of your majesty , and your realms in setling and securing of your royall throne in plenty and peace . but perceiving the long and remote distance of your majesty from that honorable assembly to have distracted the hearts of your good subjects , and animated the popish and malignant party among us , and fearing it may expose us to the danger and fury of a forreigne foe , retard the setling of the weighty affaires in our land , and the subduing of the rebels in ireland , and finding your majesties late resolution for that expedition to threaten danger to your royall person , far more worth then ten thousand of us . we therefore your majesties most loyall subjects out of our zeale to gods true religion , your majesties honour and safety , and the peace and welfare of your dominions , and out of the deep sense and apprension of our interest in the same , doe in all humility present and prostrate our selves and supplication at your royall feet , beseeching your majesty to return to your great councell ( the representative body of your kingdome ) in whom this nation hath so far confided , that they have intrusted them with their lives , liberties , and in which multitude of counsel●ours , there is health and stedfastnesse , and whereby your royall throne may be established in righteousnesse , and we with the rest of your faithfull subjects shall continually prayse and pray for your prosperous and happy reigne over us . at the court at yorke , xith may . . his majestie hath expresly commanded me to give you this his answer to your petition . that this petition ( as some others of this nature ) is grounded upon mis-information , and ( being grieved and highly offended to see how his good people have been , and are abused by false rumours and intelligences ( which have procured causelesse feares , and apprehensions ) refers the petitioners to the answers he hath given to the declaration presented to him at new-market , and to the petition presented to him the . of march last at yorke , wherein his majesty faith , you will cleerely perceive that he is not gone , but driven from his parliament ; his majesty likewise for your further information of his proceedings and intentions , recommends to your view and consideration his two messages and declaration concerning hull , and his message touching the reasons of his refusall to grant the militia : all which when they shall be fully represented to the rest of your county , he doubts not but that you will rest very well satisfied of his constant resolution for the maintaining of , and governing his people by the law of the land , his unmoveable resolution for the maintenance , and defence of the true protestant profession , and the suppression of the barbarous irish rebellion : and his majestie faith , that he beleeves you may then find reason to petition the parliament to comply with his majesties just desires and gracious offers , which is the only way safely and speedily to cure the present distractions of this kingdome and ( with gods blessing ) to put a happy end to the irish rebellion , for the effecting whereof ( as his majestie hath often said ) he will neither spare paines , nor decline any hazard of his person or fortune . edw. nicholas . printed at london by a. n. for iohn franke . . the speech of his grace james duke of queensberry his majesties high commissioner to the parliament. the of may when adjourned to the of june. queensberry, james douglas, duke of, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing q estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the speech of his grace james duke of queensberry his majesties high commissioner to the parliament. the of may when adjourned to the of june. queensberry, james douglas, duke of, - . sheet ([ ] p.) printed by the heirs and successors of andrew anderson, printer to the kings most excellent majesty, edinburgh : anno dom. ] reproduction of the original in the edinburgh university library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng great britain -- history -- william and mary, - -- early works to . great britain -- politics and government -- - -- early works to . scotland -- history -- - -- early works to . - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - megan marion sampled and proofread - megan marion text and markup reviewed and edited - pfs batch review (qc) and xml conversion the speech of his grace james duke of queensberry , his majesties high commissioner to the parliament . the of may when adjourned to the of june . my lords and gentlemen , i am troubled with such a cold and hoarsness , that not being able to speak much , nor in a condition to stay any time here ; i shall therefore only tell you , that as i was ever firm and faithful to my king , so i was ever zealous for the honour and interest of my countrey : and at this time i hop'd to have done acceptable service to both . for i can boldly say , that i have power and instructions , for every thing that appear'd necessary or convenient for the good and advantage of the nation , as to their religion , property , liberty , trade , and particularly what could be of most solid use to our african and indian company . but several things have occurr'd , wherein i find my self obligd to consult his majesty , and so of necessity must adjourn for some days . edinburgh , printed by the heirs and successors of andrem anderson , printer to the kings most excellent majesty , anne dom. . news from yorke sent from a countrey courtier to his honourable friend in this city. t. k. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing k thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) news from yorke sent from a countrey courtier to his honourable friend in this city. t. k. sheet ([ ] p.) s.n., [london : ] dated and signed: april . t.k. dated by wing, but bm and thomason catalogue give date as . place of publication from wing. a parody of a news-letter. thomason catalogue. also printed as part of: "terrible newes from york". reproduction of the original in the british library. eng great britain -- politics and government -- - -- humor -- early works to . great britain -- history -- civil war, - -- humor -- early works to . a r (thomason .f. [ ]). civilwar no news from yorke: sent from a countrey courtier to his honourable friend in this city. t. k a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion news from yorke : sent from a countrey courtier to his honourable friend in this city . noble cavalier , your countrey courtier kisses your hands for the favor you did him in your last epistle , and tells you he is of opinion with the secretary in my lord newcastles last new play , that the times are dangerous ; and therefore shall say nothing but mum : letters have miscarryed , so may mine ; therefore i will send you nothing but tail-paper . tell the lincoln-shire round-heads i am theirs to be confided in : i know they covet news , therfore i pray tell them the king is here , and so am i , but mum , no more of that . severall petitions have been delivered to my soveraigne , but what they are , you shall not know . the king hawks much at the hiern , it 's a high flight , but no more of that neither , nor any thing else at this time , onely that i am yours , t. k. april . the true-born englishman a satyr. defoe, daniel, ?- . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing d estc t ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the true-born englishman a satyr. defoe, daniel, ?- . [ ], p. s.n.], [london : . in verse. attributed to daniel defoe. cf. bm. first (?) edition published anonymously. cf. bm. place of publication from wing. reproduction of original in huntington library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng national characteristics, english. great britain -- politics and government -- - . - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion the true-born englishman . a satyr . statuimus pacem , & securitatem , & concordiam iudicium & iustitiam inter anglos & normannos , francos & britones , walliae , & cornubiae , pictos & scotos , albaniae , similiter inter francos & insulanos provincias , & patrias , quae pertinent ad coronam nostram , & inter omnes nobis subjectos , firmiter & inviolabiliter observari . charta regis willielmi conquisitoris de pacis publica , cap. . printed in the year m d cc. the preface . the end of satyr is reformation : and the author , tho he doubts the work of conversion is at a general stop , has put his hand to the plow . i expect a storm of ill language from the fury of the town , and especially from those whose english talent it is to rail : and without being taken for a conjurer , i may venture to foretell , that i shall be cavil'd at about my mean stile , rough verse , and incorrect language ; things i might indeed have taken more care in . but the book is printed ; and tho i see some faults , 't is too late to mend them . and this is all i think needful to say to them . possibly somebody may take me for a dutchman ; in which they are mistaken : but i am one that would be glad to see englishmen behave themselves better to strangers , and to governors also ; that one might not be reproach'd in foreign countries , for belonging to a nation that wants manners . i assure you , gentlemen , strangers use us better abroad ; and we can give no reason but our ill nature for the contrary here . methinks an englishman , who is so proud of being call'd a goodfellow , shou'd be civil : and it cannot be denied but we are in many cases , and particularly to strangers , the churlishest people alive . as to vices , who can dispute our intemperance , while an honest drunken fellow is a character in a man's praise ? all our reformations are banters , and will be so , till our magistrates and gentry reform themselves by way of example ; then , and not till then , they may be expected to punish others without blushing . as to our ingratitude , i desire to be understood of that particular people , who pretending to be protestants , have all along endeavour'd to reduce the liberties and religion of this nation into the hands of king james and his popish powers : together with such who enjoy the peace and protection of the present government , and yet abuse and affront the king who procur'd it , and openly profess their uneasiness under him : these , by whatsoever names or titles they are dignified or distinguish'd , are the people aim'd at : nor do i disown , but that it is so much the temper of an englishman to abuse his benefactor , that i could be glad to see it rectified . they who think i have been guilty of any error , in exposing the crimes of my own countrymen to themselves , may among many honest instances of the like nature , find the same thing in mr. cowly , in his imitation of the second olympick ode of pindar : his words are these ; but in this thankless world , the givers are envi'd even by th' receivers : 't is now the cheap and frugal fashion , rather to hide than pay an obligation . nay , 't is much worse than so ; it now an artifice doth grow , wrongs and outrages to do , lest men should think we owe. the introduction . speak , satyr ; for there 's none can tell like thee , whether 't is folly , pride , or knavery , that makes this discontented land appear less happy now in times of peace , than war : why civil feuds disturb the nation more than all our bloody wars have done before . fools out of favour grudge at knaves in place , and men are always honest in disgrace : the court-preferments make men knaves in course : but they which wou'd be in them wou'd be worse . 't is not at foreigners that we repine , wou'd foreigners their perquisites resign : the grand contention 's plainly to be seen , to get some men put out , and some put in . for this our s — rs make long harangues , and florid m — rs whet their polish'd tongues . statesmen are always sick of one disease ; and a good pension gives them present ease . that 's the specifick makes them all content with any king , and any government . good patriots at court-abuses rail , and all the nation 's grievances bewail : but when the sov'reign balsam's once appli'd , the zealot never fails to change his side . and when he must the golden key resign , the railing spirit comes about again . who shall this bubbl'd nation disabuse , while they their own felicities refuse ? who at the wars have made such mighty pother , and now are falling out with one another : with needless fears the jealous nation fill , and always have been sav'd against their will : who fifty millions sterling have disburs'd , to be with peace and too much plenty curs'd . who their old monarch eagerly undo , and yet uneasily obey the new. search , satyr , search , a deep incision make ; the poyson 's strong , the antidote 's too weak . 't is pointed truth must manage this dispute , and down-right english englishmen confute . whet thy just anger at the nation 's pride ; and with keen phrase repel the vicious tide . to englishmen their own beginnings show , and ask them why they slight their neighbours so . go back to elder times , and ages past , and nations into long oblivion cast ; to old britannia's youthful days retire , and there for true-born englishmen enquire . britannia freely will disown the name , and hardly knows her self from whence they came : wonders that they of all men shou'd pretend to birth and blood , and for a name contend . go back to causes where our follies dwell , and fetch the dark original from hell : speak , satyr , for there 's none like thee can tell . the true-born englishman . part i. * whereever god erects a house of prayer , the devil always builds a chappel there : and 't will be found upon examination , the latter has the largest congregation : for ever since he first debauch'd the mind , he made a perfect conquest of mankind . with uniformity of service , he reigns with a general aristocracy . no nonconforming sects disturb his reign , for of his yoak there 's very few complain . he knows the genius and the inclination , and matches proper sins for ev'ry nation . he needs no standing-army government ; he always rules us by our own consent : his laws are easy , and his gentle sway makes it exceeding pleasant to obey . the list of his vicegerents and commanders , outdoes your caesars , or your alexanders . they never fail of his infernal aid , and he 's as certain ne're to be betray'd . through all the world they spread his vast command , and death's eternal empire 's maintain'd . they rule so politickly and so well , as if they were l — j — of hell. duly divided to debauch mankind , and plant infernal dictates in his mind . pride , the first peer , and president of hell , to his share spain , the largest province , fell . the subtile prince thought fittest to bestow on these the golden mines of mexico ; with all the silver mountains of peru ; wealth which would in wise hands the world undo : because he knew their genius was such ; too lazy and too haughty to be rich. so proud a people , so above their fate , that if reduc'd to beg , they 'll beg in state. lavish of money , to be counted brave , and proudly starve , because they scorn to save . never was nation in the world before , so very rich , and yet so very poor . lust chose the torrid zone of italy , where blood ferments in rapes and sodomy : where swelling veins o'reflow with living streams , with heat impregnate from vesuvian flames : whose flowing sulphur forms infernal lakes , and human body of the soil partakes . there nature ever burns with hot desires , fann'd with luxuriant air from subterranean fires : here undisturb'd in floods of scalding lust , th' infernal king reigns with infernal gust . drunk'ness , the darling favourite of hell , chose germany to rule ; and rules so well , no subjects more obsequiously obey , none please so well , or are so pleas'd as they . the cunning artist manages so well , he lets them bow to heav'n , and drink to hell. if but to wine and him they homage pay , he cares not to what deity they pray , what god they worship most , or in what way . whether by luther , calvin , or by rome , they sail for heav'n , by wine he steers them home . ungovern'd passion settled first in france , where mankind lives in haste , and thrives by chance a dancing nation , fickle and untrue : have oft undone themselves , and others too : prompt the infernal dictates to obey , and in hell's favour none more great than they . the pagan world he blindly leads away , and personally rules with arbitrary sway : the mask thrown off , plain devil his title stands ; and what elsewhere he tempts , he there commands . there with full gust th' ambition of his mind governs , as he of old in heav'n design'd . worshipp'd as god , his painim altars smoke , embru'd with blood of those that him invoke . the rest by deputies he rules as well , and plants the distant colonies of hell. by them his secret power he maintains , and binds the world in his infernal chains . by zeal the irish ; and the rush by folly : fury the dane : the swede by melancholly : by stupid ignorance , the muscovite : the chinese by a child of hell , call'd wit : wealth makes the persian too effeminate : and poverty the tartars desperate : the turks and moors by mah'met he subdues : and god has giv'n him leave to rule the jews : rage rules the portuguese ; and fraud the scotch : revenge the pole ; and avarice the dutch. satyr be kind , and draw a silent veil , thy native england's vices to conceal : or if that task 's impossible to do , at least be just , and show her virtues too ; too great the first , alas ! the last too few . england unknown as yet , unpeopled lay ; happy , had she remain'd so to this day , and not to ev'ry nation been a prey . her open harbours , and her fertile plains , the merchants glory these , and those the swains , to ev'ry barbarous nation have betray'd her , who conquer her as oft as they invade her . so beauty guarded but by innocence , that ruins her which should be her defence . ingratitude , a devil of black renown , possess'd her very early for his own . an ugly , surly , sullen , selfish spirit , who satan's worst perfections does inherit : second to him in malice and in force , all devil without , and all within him worse . he made her first-born race to be so rude , and suffer'd her to be so oft subdu'd : by sev'ral crowds of wandring thieves o're-run , often unpeopl'd , and as oft undone . while ev'ry nation that her pow'rs reduc'd , their languages and manners introduc'd . from whose mixt relicks our compounded breed , by spurious generation does succeed ; making a race uncertain and unev'n , deriv'd from all the nations under heav'n . the romans first with iulius caesar came , including all the nations of that name , gauls , greeks , and lombards ; and by computation , auxiliaries or slaves of ev'ry nation . with hengist , saxons ; danes with sueno came , in search of plunder , not in search of fame . scots , picts , and irish from th' hibernian shore . and conqu'ring william brought the normans o're . all these their barb'rous offspring left behind , the dregs of armies , they of all mankind ; blended with britains who before were here , of whom the welsh ha' blest the character . from this amphibious ill-born mob began that vain ill-natur'd thing , an englishman . the customs , sirnames , languages , and manners , of all these nations are their own explainers : whose relicks are so lasting and so strong , they ha' left a shiboleth upon our tongue ; by which with easy search you may distinguish your roman-saxon-danish-norman english. the great invading * norman let us know what conquerors in after-times might do . to ev'ry * musqueteer he brought to town , he gave the lands which never were his own . when first the english crown he did obtain , he did not send his dutchmen home again . no reassumptions in his reign were known , d'avenant might there ha' let his book alone . no parliament his army cou'd disband ; he rais'd no money , for he paid in land. he gave his legions their eternal station , and made them all freeholders of the nation . he canton'd out the country to his men. and ev'ry soldier was a denizen . the rascals thus enrich'd , he call'd them lords , to please their upstart pride with new-made words ; and doomsday-book his tyranny records . and here begins the ancient pedigree that so exalts our poor nobility : 't is that from some french trooper they derive , who with the norman bastard did arrive : the trophies of the families appear ; some show the sword , the bow , and some the spear , which their great ancestor , forsooth , did wear . these in the heralds register remain , their noble mean extraction to explain . yet who the hero was , no man can tell , whether a drummer or a colonel : the silent record blushes to reveal their undeseended dark original . but grant the best , how came the change to pass ; a true-born englishman of norman race ? a turkish horse can show more history , to prove his well-descended family . conquest , as by the * moderns 't is exprest , may give a title to the lands possest ▪ but that the longest sword shou'd be so civil , to make a frenchman english , that 's the devil . these are the heroes that despise the dutch , and rail at new-come foreigners so much ; forgetting that themselves are all deriv'd from the most scoundrel race that ever liv'd . a horrid medly of thieves and drones , who ransack'd kingdoms , and dispeopl'd towns. the pict and painted britain , treach'rous scot , by hunger , theft , and rapine , hither brought . norwegian pirates , buccaneering danes , whose red-hair'd offspring ev'ry where remains . who join'd with norman-french , compound the breed from whence your true-born englishmen proceed . and lest by length of time it be pretended , the climate may this modern breed ha' mended , wise providence , to keep us where we are , mixes us daily with exceeding care : we have been europe's sink , the iakes where she voids all her offal out-cast progeny . from our fifth henry's time , the strolling bands of banish'd fugitives from neighb'ring lands , have here a certain sanctuary found : the eternal refuge of the vagabond . where in but half a common age of time , borr'wing new blood and manners from the clime , proudly they learn all mankind to contemn , and all their race are true-born englishmen . dutch , walloons , flemings , irishmen , and scots , vaudois and valtolins , and hugonots , in good queen bess's charitable reign , suppli'd us with three hundred thousand men. religion , god we thank thee , sent them hither , priests , protestants , the devil and all together : of all professions , and of ev'ry trade , all that were persecuted or afraid ; whether for debt or other crimes they fled , david at hackelah was still their head. the offspring of this miscellaneous crowd , had not their new plantations long enjoy'd , but they grew englishmen , and rais'd their votes at foreign shoals of interloping scots . the * royal branch from pict-land did succeed , with troops of scots and scabs from north-by-tweed . the seven first years of his pacifick reign , made him and half his nation englishmen . scots from the northern frozen banks of tay , with packs and plods came whigging all away : thick as the locusts which in egypt swarm'd , with pride and hungry hopes compleatly arm'd : with native truth , diseases , and no money , plunder'd our canaan of the milk and honey . here they grew quickly lords and gentlemen , and all their race are true-born englishmen . the civil wars , the common purgative , which always use to make the nation thrive , made way for all that strolling congregation , which throng'd in pious ch — s's restoration . the royal refugeé our breed restores , with foreign courtiers , and with foreign whores : and carefully repeopled us again , throughout his lazy , long , lascivious reign , with such a blest and true-born english fry , as much illustrates our nobility . a gratitude which will so black appear , as future ages must abhor to hear : when they look back on all that crimson flood , which stream'd in lindsey's , and caernarvon's blood : bold strafford , cambridge , capel , lucas , lisle , who crown'd in death his father's fun'ral pile . the loss of whom , in order to supply with true-born english nobility , six bastard dukes survive his luscious reign , the labours of italian c — n , french p — h , tabby s — t , and cambrian . besides the num'rous bright and virgin throng , whose female glories shade them from my song . this offspring , if one age they multiply , may half the house with english peers supply : there with true english pride they may contemn s — g and p — d , new-made nobleman . french cooks , scotch pedlars , and italian whores , were all made lords , or lords progenitors . beggars and bastards by his new creation , much multipli'd the peerage of the nation ; who will be all , e're one short age runs o're , as true-born lords as those we had before . then to recruit the commons he prepares , and heal the latent breaches of the wars : the pious purpose better to advance , h' invites the banish'd protestants of france : hither for god's sake and their own they fled , some for religion came , and some for bread : two hundred thousand pair of wooden shooes , who , god be thank'd , had nothing left to lose ; to heav'n's great praise did for religion fly , to make us starve our poor in charity . in ev'ry port they plant their fruitful train , to get a race of true-born englishmen : whose children will , when riper years they see , be as ill-natur'd and as proud as we : call themselves english , foreigners despise , be surly like us all , and just as wise . thus from a mixture of all kinds began , that het'rogeneous thing , an englishman : in eager rapes , and furious lust begot , betwixt a painted britton and a scot : whose gend'ring offspring quickly learnt to bow , and yoke their heifers to the roman plough : from whence a mongrel half-bred race there came , with neither name nor nation , speech or fame . in whose hot veins new mixtures quickly ran , infus'd betwixt a saxon and a dane . while their rank daughters , to their parents just , receiv'd all nations with promiscuous lust. this nauseous brood directly did contain the well-extracted blood of englishmen . which medly canton'd in a heptarchy , a rhapsody of nations to supply , among themselves maintain'd eternal wars , and still the ladies lov'd the conquerors . the western angles all the rest subdu'd ; a bloody nation , barbarous and rude : who by the tenure of the sword possest one part of britain , and subdu'd the rest . and as great things denominate the small , the conqu'ring part gave title to the whole . the scot , pict , britain , roman , dane submit , and with the english-saxon all unite : and these the mixture have so close pursu'd , the very name and memory 's subdu'd : no roman now , no britain does remain ; wales strove to separate , but strove in vain : the silent nations undistinguish'd fall , and englishman's the common name for all . fate jumbl'd them together , god knows how ; whate're they were , they 're true-born english now . the wonder which remains is at our pride , to value that which all wise men deride . for englishmen to boast of generation , cancels their knowledge , and lampoons the nation . a true-born englishman's a contradiction , in speech an irony , in fact a fiction . a banter made to be a test of fools , which those that use it justly ridicules . a metaphor invented to express a man a-kin to all the universe . for as the scots , as learned men ha' said , throughout the world their wandring seed ha' spread ; so open-handed england , 't is believ'd , has all the gleanings of the world receiv'd . some think of england 't was our saviour meant , the gospel should to all the world be sent : since when the blessed sound did hither reach , they to all nations might be said to preach . 't is well that virtue gives nobility , else god knows where we had our gentry ; since scarce one family is left alive , which does not from some foreigner derive . of sixty thousand english gentlemen , whose names and arms in registers remain , we challenge all our heralds to declare ten families which english-saxons are . france justly boasts the ancient noble line of bourbon , mommorency , and lorrain . the germans too their house of austria show , and holland their invincible nassau . lines which in heraldry were ancient grown , before the name of englishman was known . even scotland too her elder glory shows , her gourdons , hamiltons , and her monroes ; dowglas , mackays , and grahams , names well known , long before ancient england knew her own . but england , modern to the last degree , borrows or makes her own nobility , and yet she boldly boasts of pedigree : repines that foreigners are put upon her , and talks of her antiquity and honour : her s — lls , s — ls , c — ls , de — m — rs , m — ns and m — ues , d — s and v — rs , not one have english names , yet all are english peers . your h — ns , p — llons , and l — liers , pass now for true-born english knights and squires , and make good senate-members , or lord-mayors . wealth , howsoever got , in england makes lords of mechanicks , gentlemen of rakes . antiquity and birth are needless here ; 't is impudence and money makes a p — r. innumerable city-knights we know , from blewcoat hospitals and bridewell flow . draymen and porters fill the city chair , and footboys magisterial purple wear . fate has but very small distinction set betwixt the counter and the coronet . tarpaulin lords , pages of high renown , rise up by poor mens valour , not their own . great families of yesterday we show , and lords , whose parents were the lord knows who . part ii. the breed's describ'd : now , satyr , if you can , their temper show , for manners make the man. fierce as the britain , as the roman brave ; and less inclin'd to conquer than to save : eager to fight , and lavish of their blood ; and equally of fear and forecast void . the pict has made 'em sowre , the dane morose ; false from the scot , and from the norman worse . what honesty they have , the saxon gave them , and that , now they grow old , begins to leave them . the climate makes them terrible and bold ; and english beef their courage does uphold : no danger can their daring spirit pall , always provided that their belly 's full . in close intriegues their faculty's but weak , for gen'rally whate're they know , they speak : and often their own councils undermine by their infirmity , and not design . from whence the learned say it does proceed , that english treasons never can succeed : for they 're so open-hearted , you may know their own most secret thoughts , and others too . the lab'ring poor , in spight of double pay , are sawcy , mutinous , and beggarly : so lavish of their money and their time , that want of forecast is the nation 's crime . good drunken company is their delight ; and what they get by day , they spend by night . dull thinking seldom does their heads engage , but drink their youth away , and hurry on old age. empty of all good husbandry and sense ; and void of manners most , when void of pence . their strong aversion to behaviour 's such , they always talk too little , or too much . so dull , they never take the pains to think ; and seldom are good-natur'd , but in drink . in english ale their dear enjoyment lies , for which they 'll starve themselves and families . an englishman will fairly drink as much as will maintain two families of dutch : subjecting all their labours to the pots ; the greatest artists are the greatest sots . the country poor do by example live ; the gentry lead them , and the clergy drive : what may we not from such examples hope ? the landlord is their god , the priest their pope . a drunken clergy , and a swearing bench , has giv'n the reformation such a drench , as wise men think there is some cause to doubt , will purge good manners and religion out . nor do the poor alone their liquor prize , the sages join in this great sacrifice . the learned men who study aristotle , correct him with an explanation-bottle ; praise epicurus rather than lysander , and * aristippus more than alexander . the doctors too their galen here resign , and gen'rally prescribe specifick wine . the graduates study's grown an easier task , while for the urinal they toss the flask . the surgeons art grows plainer ev'ry hour , and wine 's the balm which into wounds they pour . poets long since parnassus have forsaken , and say the ancient bards were all mistaken . apollo's lately abdicate and fled , and good king bacchus reigneth in his stead : he does the chaos of the head refine , and atom-thoughts jump into words by wine : the inspiration's of a finer nature ; as wine must needs excel parnassus water . statesmen their weighty politicks refine , and soldiers raise their courages by wine . caecilia gives her choristers their choice , and lets them all drink wine to clear the voice . some think the clergy first found out the way , and wine 's the only spirit by which they pray . but others less prophane than so , agree , it clears the lungs , and helps the memory : and therefore all of them divinely think , instead of study , 't is as well to drink . and here i wou'd be very glad to know , whether our asgilites may drink or no. th' enlight'ning fumes of wine would certainly assist them much when they begin to fly : or if a fiery chariot shou'd appear , inflam'd by wine , they 'd ha' the less to fear . even the gods themselves , as mortals say , were they on earth , wou'd be as drunk as they : nectar would be no more celestial drink , they'd all take wine , to teach them how to think . but english drunkards , gods and men outdo , drink their estates away , and senses too . colon's in debt , and if his friends should fail to help him out , must dye at last in gaol : his wealthy uncle sent a hundred nobles , to pay his trifles off , and rid him of his troubles : but colon , like a true-born englishman , drank all the money out in bright champaign ; and colon does in custody remain . drunk'ness has been the darling of the realm , e're since a drunken pilot had the helm . in their religion they are so unev'n , that each man goes his own by-way to heav'n . tenacious of mistakes to that degree , that ev'ry man pursues it sep'rately , and fancies none can find the way but he : so shy of one another they are grown , as if they strove to get to heav'n alone . rigid and zealous , positive and grave , and ev'ry grace , but charity , they have : this makes them so ill-natur'd and uncivil , that all men think an englishman the devil . surly to strangers , froward to their friend ; submit to love with a reluctant mind ; resolv'd to be ungrateful and unkind . if by necessity reduc'd to ask , the giver has the difficultest task : for what 's bestow'd they awkwardly receive , and always take less freely than they give . the obligation is their highest grief ; and never love , where they accept relief . so sullen in their sorrows , that 't is known , they 'll rather dye than their afflictions own : and if reliev'd , it is too often true , that they 'll abuse their benefactors too : for in distress their haughty stomach 's such , they hate to see themselves oblig'd too much . seldom contented , often in the wrong ; hard to be pleas'd at all , and never long . if your mistakes their ill opinion gain , no merit can their favour reobtain : and if they 're not vindictive in their fury , 't is their unconstant temper does secure ye : their brain 's so cool , their passion seldom burns ; for all 's condens'd before the flame returns : the fermentation's of so weak a matter , the humid damps the fume , and runs it all to water . so tho the inclination may be strong , they 're pleas'd by fits , and never angry long . then if good nature shows some slender proof , they never think they have reward enough : but like our modern quakers of the town , expect your manners , and return you none . friendship , th' abstracted union of the mind , which all men seek , but very few can find : of all the nations in the universe , none talk on 't more , or understand it less : for if it does their property annoy , their property their friendship will destroy . as you discourse them , you shall hear them tell all things in which they think they do excel : no panegyrick needs their praise record ; an englishman ne're wants his own good word . his first discourses gen'rally appear prologu'd with his own wondrous character : when , to illustrate his own good name , he never fails his neighbour to defame : and yet he really designs no wrong ; his malice goes no further than his tongue . but pleas'd to tattle , he delights to rail , to satisfy the lech'ry of a tale. his own dear praises close the ample speech , tells you how wise he is ; that is , how rich : for wealth is wisdom ; he that 's rich is wise ; and all men learned poverty despise . his generosity comes next , and then concludes that he 's a true-born englishman ; and they , 't is known , are generous and free , forgetting , and forgiving injury : which may be true , thus rightly understood , forgiving ill turns , and forgetting good. chearful in labour when they 've undertook it ; but out of humour , when they 're out of pocket . but if their belly and their pocket's full , they may be phlegmatick , but never dull : and if a bottle does their brains refine , it makes their wit as sparkling as their wine . as for the general vices which we find they 're guilty of in common with mankind , satyr , forbear , and silently endure ; we must conceal the crimes we cannot cure . nor shall my verse the brighter sex defame ; for english beauty will preserve her name . beyond dispute , agreeable and fair ; and modester than other nations are : for where the vice prevails , the great temptation is want of money , more than inclination . in general , this only is allow'd , they 're something noisy , and a little proud. an englishman is gentlest in command ; obedience is a stranger in the land : hardly subjected to the magistrate ; for englishmen do all subjection hate . humblest when rich , but peevish when they 're poor ; and think whate're they have , they merit more . shamwhig pretends t' ha' serv'd the government , but baulk't of due reward , turns malecontent . for english christians always have regard to future recompences of reward . his forfeit liberty they did restore , and gave him bread , which he had not before . but true-born english shamwhig lets them know , his merit must not lye neglected so . as proud as poor , his masters he 'll defy ; and writes a piteous * satyr upon honesty . some think the poem had been pretty good , if he the subject had but understood . he got five hundred pence by this , and more , as sure as he had ne're a groat before . in bus'ness next some friends of his employ'd him ; and there he prov'd that fame had not bely'd him : his benefactors quickly he abus'd , and falsly to the government accus'd : but they , defended by their innocence , ruin'd the traytor in their own defence . thus kick'd about from pillars unto posts , he whets his pen against the lord of hosts : burlesques his god and king in paltry rhimes : against the dutch turns champion for the times ; and huffs the king , upon that very score , on which he panegyrick't him before . unhappy england , hast thou none but such , to plead thy scoundrel cause against the dutch ? this moves their scorn , and not their indignation ; he that lampoons the dutch , burlesques the nation . the meanest english plowman studies law , and keeps thereby the magistrates in awe : will boldly tell them what they ought to do , and sometimes punish their omissions too . their liberty and property 's so dear , they scorn their laws or governors to fear : so bugbear'd with the name of slavery , they can't submit to their own liberty . restraint from ill is freedom to the wise ; but englishmen do all restraint despise . slaves to the liquor , drudges to the pots , the mob are statesmen , and their statesmen sots . their governors they count such dangerous things , that 't is their custom to affront their kings : so jealous of the power their kings possess'd , they suffer neither power nor kings to rest . the bad with force they eagerly subdue ; the good with constant clamours they pursue : and did king iesus reign , they 'd murmur too . a discontented nation , and by far harder to rule in times of peace than war : easily set together by the ears , and full of causeless jealousies and fears : apt to revolt , and willing to rebel , and never are contented when they 're well . no government cou'd ever please them long , cou'd tye their hands , or rectify their tongue . in this to ancient israel well compar'd , eternal murmurs are among them heard . it was but lately that they were opprest , their rights invaded , and their laws supprest : when nicely tender of their liberty , lord ! what a noise they made of slavery . in daily tumults show'd their discontent ; lampoon'd their king , and mock'd his government . and if in arms they did not first appear , 't was want of force , and not for want of fear . in humbler tone than english us'd to do , at foreign hands for foreign aid they sue . william the great successor of nassau , their prayers heard , and their oppressions saw : he saw and sav'd them : god and him they prais'd ; to this their thanks , to that their trophies rais'd . but glutted with their own felicities , they soon their new deliverer despise ; say all their prayers back , their joy disown , unsing their thanks , and pull their trophies down : their harps of praise are on the willows hung ; for englishmen are ne're contented long . the rev'rend clergy too ! and who 'd ha' thought that they who had such non-resistance taught , should e're to arms against their prince be brought ? who up to heav'n did regal pow'r advance ; subjecting english laws to modes of france . twisting religion so with loyalty , as one cou'd never live , and t'other dye . and yet no sooner did their prince design their glebes and perquisites to undermine , but all their passive doctrines laid aside ; the clergy their own principles deny'd : unpreach'd their non-resisting cant , and pray'd to heav'n for help , and to the dutch for aid . the church chim'd all her doctrines back again , and pulpit-champions did the cause maintain ; flew in the face of all their former zeal , and non-resistance did at once repeal . the rabbies say it would be too prolix , to tye religion up to politicks : the church's safety is suprema lex . and so by a new figure of their own , do all their former doctrines disown . as laws post facto in the parliament , in urgent cases have obtain'd assent ; but are as dangerous presidents laid by ; made lawful only by necessity . the rev'rend fathers then in arms appear , and men of god became the men of war. the nation , fir'd by them , to arms apply ; assault their antichristian monarchy ; to their due channel all our laws restore , and made things what they shou'd ha' been before . but when they came to fill the vacant throne , and the pale priests look'd back on what they had done ; how english liberty began to thrive , and church-of - england loyalty out-live : how all their persecuting days were done , and their deliv'rer plac'd upon the throne : the priests , as priests are wont to do , turn'd tail ; they 're englishmen , and nature will prevail . now they deplore the ruins they ha' made , and murmur for the master they betray'd . excuse those crimes they cou'd not make him mend ; and suffer for the cause they can't defend . pretend they 'd not ha' carry'd things so high ; and proto-martyrs make for popery . had the prince done as they design'd the thing , ha' set the clergy up to rule the king ; taken a donative for coming hither , and so ha' left their king and them together , we had say they been now a happy nation . no doubt we had seen a blessed reformation : for wise men say 't's as dangerous a thing , a ruling priesthood , as a priest-rid king. and of all plagues with which mankind are curst , ecclesiastick tyranny's the worst . if all our former grievances were feign'd , king iames has been abus'd , and we trepann'd ; bugbear'd with popery and power despotick , tyrannick government , and leagues exotick : the revolution's a phanatick plot , w — a tyrant , s — a sot : a factious army and a poyson'd nation , unjustly forc'd king iames's abdication . but if he did the subjects rights invade , then he was punish'd only , not betray'd : and punishing of kings is no such crime , but englishmen ha' done it many a time . when kings the sword of justice first lay down , they are no kings , though they possess the crown . titles are shadows , crowns are empty things , the good of subjects is the end of kings ; to guide in war , and to protect in peace : where tyrants once commence , the kings do cease : for arbitrary power 's so strange a thing , it makes the tyrant , and unmakes the king. if kings by foreign priests and armies reign , and lawless power against their oaths maintain , then subjects must ha' reason to complain . if oaths must bind us when our kings do ill ; to call in foreign aid is to rebel . by force to circumscribe our lawful prince , is wilful treason in the largest sense : and they who once rebel , most certainly their god , and king , and former oaths defy . if we allow no male-administration could cancel the allegiance of the nation ; let all our learned sons of levi try , this eccles'astick riddle to unty : how they could make a step to call the prince , and yet pretend to oaths and innocence . by th' first address they made beyond the seas , they 're perjur'd in the most intense degrees ; and without scruple for the time to come , may swear to all the kings in christendom . and truly did our kings consider all , they 'd never let the clergy swear at all : their politick allegiance they 'd refuse ; for whores and priests do never want excuse . but if the mutual contract was dissolv'd , the doubt's explain'd , the difficulty solv'd : that kings , when they descend to tyranny , dissolve the bond , and leave the subject free . the government 's ungirt when justice dies , and constitutions are non-entities . the nation 's all a mob , there 's no such thing as lords or commons , parliament or king. a great promiscuous crowd the hydra lies , till laws revive , and mutual contract ties : a chaos free to chuse for their own share , what case of government they please to wear : if to a king they do the reins commit , all men are bound in conscience to submit : but then that king must by his oath assent to postulata's of the government ; which if he breaks , he cuts off the entail , and power retreats to its original . this doctrine has the sanction of assent , from nature's universal parliament . the voice of nations , and the course of things , allow that laws superior are to kings . none but delinquents would have justice cease , knaves rail at laws , as soldiers rail at peace : for justice is the end of government , as reason is the test of argument . no man was ever yet so void of sense , as to debate the right of self-defence ; a principle so grafted in the mind , with nature born , and does like nature bind : twisted with reason , and with nature too ; as neither one nor t'other can undo . nor can this right be less when national , reason which governs one , should govern all . whate're the dialect of courts may tell , he that his right demands , can ne're rebel . which right , if 't is by governors deny'd , may be procur'd by force , or foreign aid . for tyranny's a nation 's term for grief ; as folks cry fire , to hasten in relief . and when the hated word is heard about , all men shou'd come to help the people out . thus england groan'd , britannia's voice was heard ; and great nassau to rescue her , appear'd : call'd by the universal voice of fate ; god and the peoples legal magistrate . ye heav'ns regard ! almighty iove look down , and view thy injur'd monarch on the throne . on their ungrateful heads due vengeance take , who sought his aid , and then his part forsake . witness , ye powers ! it was our call alone , which now our pride makes us asham'd to own . britannia's troubles fetch'd him from afar , to court the dreadful casualties of war : but where requital never can be made , acknowlegment's a tribute seldom paid . he dwelt in bright maria's circling arms , defended by the magick of her charms , from foreign fears , and from domestick harms . ambition found no fuel for her fire , he had what god cou'd give , or man desire . till pity rowz'd him from his soft repose , his life to unseen hazards to expose : till pity mov'd him in our cause t' appear ; pity ! that word which now we hate to hear . but english gratitude is always such , to hate the hand which does oblige too much . britannia's cries gave birth to his intent , and hardly gain'd his unforeseen assent : his boding thoughts foretold him he should find the people fickle , selfish , and unkind . which thought did to his royal heart appear more dreadful than the dangers of the war : for nothing grates a generous mind so soon , as base returns for hearty service done . satyr be silent , awfully prepare britannia's song , and william's praise to hear . stand by , and let her chearfully rehearse her grateful vows in her immortal verse . loud fame's eternal trumpet let her sound ; listen ye distant poles , and endless round . may the strong blast the welcome news convey as far as sound can reach , or spirit fly . to neighb'ring worlds , if such there be , relate our hero's fame , for theirs to imitate . to distant worlds of spirits let her rehearse : for spirits without the helps of voice converse . may angels hear the gladsome news on high , mixt with their everlasting symphony . and hell it self stand in suspence to know whether it be the fatal blast , or no. britannia . the fame of virtue 't is for which i sound , and heroes with immortal triumphs crown'd . fame built on solid virtue swifter flies , than morning light can spread my eastern skies . the gath'ring air returns the doubling sound , and lowd repeating thunders force it round : ecchoes return from caverns of the deep : old chaos dreams on 't in eternal sleep . time hands it forward to its latest urn , from whence it never , never shall return , nothing is heard so far , or lasts so long ; 't is heard by ev'ry ear , and spoke by ev'ry tongue . my hero , with the sails of honour furl'd , rises like the great genius of the world. by fate and fame wisely prepar'd to be the soul of war , and life of victory . he spreads the wings of virtue on the throne , and ev'ry wind of glory fans them on . immortal trophies dwell upon his brow , fresh as the garlands he has worn but now . by different steps the high ascent he gains , and differently that high ascent maintains . princes for pride and lust of rule make war , and struggle for the name of conqueror . some fight for fame , and some for victory . he fights to save , and conquers to set free. then seek no phrase his titles to conceal , and hide with words what actions must reveal . no parallel from hebrew stories take , of god-like kings my similies to make : no borrow'd names conceal my living theam ; but names and things directly i proclaim . 't is honest merit does his glory raise ; whom that exalts , let no man fear to praise . of such a subject no man need be shy ; virtue 's above the reach of flattery . he needs no character but his own fame , nor any flattering titles , but his name . william's the name that 's spoke by ev'ry tongue : william's the darling subject of my song . listen ye virgins to the charming sound , and in eternal dances hand it round : your early offerings to this altar bring ; make him at once a lover and a king. may he submit to none but to your arms ; nor ever be subdu'd , but by your charms . may your soft thoughts for him be all sublime ; and ev'ry tender vow be made for him . may he be first in ev'ry morning-thought , and heav'n ne're hear a pray'r where he 's left out . may ev'ry omen , ev'ry boding dream , be fortunate by mentioning his name . may this one charm infernal powers affright , and guard you from the terrors of the night . may ev'ry chearful glass as it goes down to william's health , be cordials to your own . let ev'ry song be chorust with his name . and musick pay her tribute to his fame . let ev'ry poet tune his artful verse , and in immortal strains his deeds rehearse . and may apollo never more inspire the disobedient bard with his seraphick fire . may all my sons their grateful homage pay ; his praises sing , and for his safety pray . satyr return to our unthankful isle , secur'd by heav'n's regard , and william's toil. to both ungrateful , and to both untrue ; rebels to god , and to good nature too . if e're this nation be distress'd again , to whomsoe're they cry , they 'll cry in vain . to heav'n they cannot have the face to look ; or if they should , it would but heav'n provoke . to hope for help from man would be too much ; mankind would always tell 'em of the dutch : how they came here our freedoms to maintain , were paid , and curs'd , and hurry'd home again . how by their aid we first dissolv'd our fears , and then our helpers damn'd for foreigners . 't is not our english temper to do better ; for englishmen think ev'ry man their debtor . 't is worth observing , that we ne're complain'd of foreigners , nor of the wealth they gain'd , till all their services were at an end. wise men affirm it is the english way , never to grumble till they come to pay ; and then they always think their temper 's such , the work too little , and the pay too much . as frighted patients , when they want a cure , bid any price , and any pain endure : but when the doctor 's remedies appear , the cure's too easy , and the price too dear . great portland ne're was banter'd , when he strove for us his master's kindest thoughts to move . we ne're lampoon'd his conduct , when employ'd king iames's secret councils to divide : then we caress'd him as the only man , which could the doubtful oracle explain : the only hushai able to repell the dark designs of our achitophel . compar'd his master's courage to his sense ; the ablest statesman , and the bravest prince . on his wise conduct we depended much , and lik'd him ne're the worse for being dutch. nor was he valued more than he deserv'd ; freely he ventur'd , faithfully he serv'd . in all king william's dangers he has shar'd ; in england's quarrels always he appear'd : the revolution first , and then the boyne ; in both his counsels and his conduct shine . his martial valour flanders will confess ; and france regrets his managing the peace . faithful to england's interest and her king : the greatest reason of our murmuring . ten years in english service he appear'd , and gain'd his master's and the world's regard : but 't is not england's custom to reward . the wars are over , england needs him not ; now he 's a dutchman , and the lord knows what . schonbergh , the ablest soldier of his age , with great nassau did in our cause engage : both join'd for england's rescue and defence ; the greatest captain , and the greatest prince . with what applause his stories did we tell ? stories which europe's volumes largely swell . we counted him an army in our aid : where he commanded , no man was afraid . his actions with a constant conquest shine , from villa-vitiosa to the rhine . france , flanders , germany , his fame confess ; and all the world was fond of him , but us. our turn first serv'd , we grudg'd him the command . witness the grateful temper of the land. we blame the k — that he relies too much on strangers , germans , hugonots , and dutch ; and seldom does his great affairs of state , to english counsellors communicate . the fact might very well be answer'd thus ; he has so often been betray'd by us , he must have been a madman to rely on english g — ns fidelity . for laying other arguments aside ; this thought might mortify our english pride , that foreigners have faithfully obey'd him , and none but englishmen have e're betray'd him . they have our ships and merchants bought and sold , and barter'd english blood for foreign gold. first to the french they sold our turky-fleet , and injur'd talmarsh next at camaret . the king himself is shelter'd from their snares , not by his merit , but the crown he wears . experience tells us 't is the english way , their benefactors always to betray . and lest examples should be too remote , a modern magistrate of famous note , shall give you his own history by rote . i 'll make it out , deny it he that can , his worship is a true-born englishman , in all the latitude that empty word by modern acceptation's understood . the parish-books his great descent record , and now he hopes e're long to be a lord. and truly as things go , it wou'd be pity but such as he bore office in the city : while robb'ry for burnt-offering he brings , and gives to god what he has stole from kings : great monuments of charity he raises , and good st. magnus whistles out his praises . to city-gaols he grants a jubilee , and hires huzza's from his own mobile . lately he wore the golden chain and gown , with which equipt he thus harangu'd the town . sir c — s d — b's fine speech , &c. with clouted iron shooes and sheepskin breeches , more rags than manners , and more dirt than riches : from driving cows and calves to layton-market , while of my greatness there appear'd no spark yet , behold i come , to let you see the pride with which exalted beggars always ride . born to the needful labours of the plow , the cart-whip grace 't me as the chain does now . nature and fate in doubt what course to take , whether i shou'd a lord or plough-boy make ▪ kindly at last resolv'd they wou'd promote me , and first a knave , and then a knight they vote me . what fate appointed , nature did prepare , and furnish'd me with an exceeding care. to fit me for what they design'd to have me ; and ev'ry gift but honesty they gave me . and thus equipt , to this proud town i came , in quest of bread , and not in quest of fame . blind to my future fate , an humble boy , free from the guilt and glory i enjoy . the hopes which my ambition entertain'd , were in the name of foot-boy all contain'd . the greatest heights from small beginnings rise ; the gods were great on earth , before they reach'd the skies . b — well , the generous temper of whose mind , was always to be bountiful inclin'd : whether by his ill fate or fancy led , first took me up , and furnish'd me with bread. the little services he put me to , seem'd labours rather than were truly so . but always my advancement he design'd ; for 't was his very nature to be kind . large was his soul , his temper ever free ; the best of masters and of men to me . and i who was before decreed by fate , to be made infamous as well as great , with an obsequious diligence obey'd him , till trusted with his all , and then betray'd him . all his past kindnesses i trampled on , ruin'd his fortunes to erect my own . so vipers in the bosom bred , begin to hiss at that hand first which took them in . with eager treach'ry i his fall pursu'd , and my first trophies were ingratitude . ingratitude 's the worst of human guilt , the basest action mankind can commit ; which like the sin against the holy ghost , has least of honour , and of guilt the most . distinguish'd from all other crimes by this , that 't is a crime which no man will confess . that sin alone , which shou'd not be forgiv'n on earth , altho perhaps it may in heav'n . thus my first benefactor i o'rethrew ; and how shou'd i be to a second true ? the publick trust came next into my care , and i to use them scurvily prepare : my needy sov'reign lord i play'd upon , and lent him many a thousand of his own ; for which , great int'rests i took care to charge , and so my ill-got wealth became so large . my predecessor iudas was a fool , fitter to ha' been whipt , and sent to school , than sell a saviour : had i been at hand , his master had not been so cheap trepann'd ; i wou'd ha' made the eager iews ha' found , for thirty pieces , thirty thousand pound . my cousin ziba , of immortal fame , ( ziba and i shall never want a name : ) first-born of treason , nobly did advance his master's fall , for his inheritance . by whose keen arts old david first began to break his sacred oath to ionathan : the good old king , 't is thought , was very loth to break his word , and therefore broke his oath . ziba's a traytor of some quality , yet ziba might ha' been inform'd by me : had i been there , he ne're had been content with half th' estate , nor half the government . in our late revolution 't was thought strange , that i of all mankind shou'd like the change : but they who wonder'd at it , never knew , that in it i did my old game pursue : nor had they heard of twenty thousand pound , which ne're was lost , yet never cou'd be found . thus all things in their turn to sale i bring , god and my master first , and then the king : till by successful villanies made bold , i thought to turn the nation into gold ; and so to forg — y my hand i bent , not doubting i could gull the government ; but there was ruffl'd by the parliament . and if i ' scap'd th' unhappy tree to climb , 't was want of law , and not for want of crime . but my * old friend , who printed in my face a needful competence of english brass , having more business yet for me to do , and loth to lose his trusty servant so , manag'd the matter with such art and skill , as sav'd his hero , and threw out the b — l. and now i 'm grac'd with unexpected honours , for which i 'll certainly abuse the donors : knighted , and made a tribune of the people , whose laws and properties i 'm like to keep well : the custos rotulorum of the city , and captain of the guards of their banditti . surrounded by my catchpoles , i declare against the needy debtor open war. i hang poor thieves for stealing of your pelf , and suffer none to rob you , but my self . the king commanded me to help reform ye , and how i 'll do 't , miss — shall inform ye . i keep the best seraglio in the nation , and hope in time to bring it into fashion . no brimstone-whore need fear the lash from me , that part i 'll leave to brother ieffery . our gallants need not go abroad to rome , i 'll keep a whoring jubilee at home . whoring's the darling of my inclination ; a'n't i a magistrate for reformation ? for this my praise is sung by ev'ry bard , for which bridewell wou'd be a just reward . in print my panegyricks fill the street , and hir'd gaol-birds their huzza's repeat . some charities contriv'd to make a show , have taught the needy rabble to do so : whose empty noise is a mechanick fame , since for sir belzebub they 'd do the same . the conclusion . then let us boast of ancestors no more , or deeds of heroes done in days of yore , in latent records of the ages past , behind the rear of time , in long oblivion plac'd . for if our virtues must in lines descend , the merit with the families would end : and intermixtures would most fatal grow ; for vice would be hereditary too ; the tainted blood wou'd of necessity , involuntary wickedness convey . vice , like ill nature , for an age or two , may seem a generation to pursue ; but virtue seldom does regard the breed ; fools do the wise , and wise men fools succeed . what is 't to us , what ancestors we had ? if good , what better ? or what worse , if bad ? examples are for imitation set , yet all men follow virtue with regret . cou'd but our ancestors retrieve their fate , and see their offspring thus degenerate ; how we contend for birth and names unknown , and build on their past actions , not our own ; they 'd cancel records , and their tombs deface , and openly disown the vile degenerate race : for fame of families is all a cheat , 't is personal virtue only makes us great . finis . notes, typically marginal, from the original text notes for div a -e * an english proverb , where god has a church , the devil has a chappel . * w m the conq. * or archer . * dr. sherl . de facto . * k. i. i. k. c. ii. notes for div a -e * the drunkards name for canary . * satyr in praise of folly and knavery . * the devil . upon report of the lords committees appointed to consider of the priviledges of the peers of this realm it is ordered and declared by the lords in parliament assembled, that it is the undoubted right of the peers of this realm, not to be charged with any horse, armes, or other martial charge whatsoever ... england and wales. parliament. house of lords. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing e ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) upon report of the lords committees appointed to consider of the priviledges of the peers of this realm it is ordered and declared by the lords in parliament assembled, that it is the undoubted right of the peers of this realm, not to be charged with any horse, armes, or other martial charge whatsoever ... england and wales. parliament. house of lords. broadside. printed by john bill ..., london : . title from first lines of text. at head of title: die lunæ, . die decembris, . "saturday the . day of december, . ordered by the lords in parliament assembled, that this order be forthwith printed and published. jo. browne cleric. parliamentorum." reproduction of original in the harvard university library. eng great britain -- history -- charles ii, - . great britain -- politics and government -- - . a r (wing e ). civilwar no die lunæ, . die decembris, . upon report of the lords committees appointed to consider of the priviledges of the peers of this realm, england and wales. parliament. house of lords a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion royal blazon or coat of arms c r honi soit qvi mal y pense diev et mon droit die lunae , . die decembris , . upon report of the lords commitees appointed to consider of the priviledges of the peers of this realm , it is ordered and declared by the lords in parliament assembled , that it is the undoubted right of the peers of this realm , not to be charged with any horse , armes , or other martial charge whatsoever , by any lords lieutenants , deputy lieutenants , or any other inferior officers or persons whatsoever , and hereof they , and every of them , are to take notice , and to forbear to do any thing to the contrary , at their utmost perils . saturday the . day of december , . ordered by the lords in parliament assembled , that this order be forthwith printed and published . jo. browne cleric . parliamentorum . london , printed by john bill , printer to the kings most excellent majesty , . at the king's printing-house in black-friers . by the king, a proclamation for restraint of disorderly and vnnecessary resort to the court england and wales. sovereign ( - : charles i) approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a stc estc s ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) by the king, a proclamation for restraint of disorderly and vnnecessary resort to the court england and wales. sovereign ( - : charles i) charles i, king of england, - . [ ] p. by bonham norton and iohn bill ..., printed at london : m.dc.xxv. [ ] caption title. imprint taken from colophon. "giuen at the court at white-hall, the seuenteenth day of may, in the first yeere of his maiesties reigne of great britaine, france and ireland."--p. [ ]. contains plague precautions for meeting the queen at summer progresses to dover and elsewhere.--cf. stc ( nd ed.). reproduction of original in the harvard university library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng plague -- england. proclamations -- great britain. great britain -- history -- charles i, - . great britain -- politics and government -- - . - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - judith siefring sampled and proofread - judith siefring text and markup reviewed and edited - pfs batch review (qc) and xml conversion ❧ by the king. ¶ a proclamation for restraint of disorderly and vnnecessary resort to the court. the kings most excellent maiesty , hauing taken into his princely consideration , the many inconueniences which may fall out by the vnlimited concourse of people of all sorts to his court , or the townes or parishes neere the same , especially at this time , and in this season of the yeere , which growes euery day more dangerous for increasing the infection , already begun in the citie of london , and confines of the same ; and being graciously and prouidently carefull to take away and preuent all occasions tending thereunto , hath thought fit by aduice of his priuie councell , by this proclamation to publish and declare his royall pleasure and commandement concerning the same , that although his maiestie cannot but conceiue great ioy and contentment , when his louing subiects , out of their loyall and dutifull affections towards him , shall desire to see the persons of himselfe , or of his deare consort the queene , who is ( by gods blessing ) shortly to come ouer into england ; yet , in his princely care of his people , hee is contented to dispence with those publike shewes of their zeale , chearefulnes , and alacritie at this time ▪ lest the present occasions of ioy and reioycing , should produce a contrary effect , by dispersing the infection into other parts of the realme , where his maiestie shall keepe his royall court and residence . and therefore his maiestie doth hereby straitly charge and command , that aswell in the iourney , which himselfe shortly intendeth to douer in kent , for the reception of his deare consort , the queene , at her arriuall , as also in his , and her maiesties returne from thence , and in all other iourneys and progresses , which they or either of them shall make this summer now ensuing , till they shall returne to a standing house in winter , no person or persons whatsoeuer , not being thereunto called or appointed , or not hauing speciall cause of personall attendance at the court for his maiesties seruice , or for some necessary occasion of extremity concerning their owne estate , doe presume to follow , or resort to the court with petitions , or vpon other pretence , or vnto any citie , towne , uillage , or priuate house within twelue miles of the same , as they tender his maiesties displeasure , and will answere for the same , as contemners of this his maiesties iust and royall commandement . and whereas many of his maiesties louing subiects haue been heretofore wont to pester the court , vnder colour of repairing thither for healing the disease called the kings euill , his maiestie doth hereby publish and declare his pleasure , that vntill michaelmas next , and after his coronation shall be solemnized , he wil not admit any person or persons to come to the court for healing ; and doth straitly charge and forbid , that no person or persons doe in the meane time presume to importune his maiestie in that behalfe : and for auoyding many , and great abuses in that behalfe , his maiesty doth straitly charge and command , that no person or persons doe at any time hereafter resort to his maiestie , or his court for healing of that disease , without bringing a certificate from the minister , and churchwardens of the parish wherein they inhabite , or some other neighbours of more eminent quality , expressing the time they haue been troubled with that infirmity , and that they haue not at any time before been healed by his maiestie , or the late king : and to auoid the great disorder of poore people , who are vsed to come flocking into the high wayes , and streetes , where his maiestie is to trauell , vnder colour of reliefe from the almoner , his maiestie hath taken order , that in all the townes and parishes , through which hee shall passe , his maiesties sayd almoner shall deliuer his maiesties almes to the ouerseers of the poore , to be distributed amongst them , for their better & more equall reliefe , then they should receiue by comming abroad in that dishonourable & vndecent maner ; which therfore his maiesty straitly chargeth and commandeth them to forbeare , and all maiors , sheriffes , iustices of peace , constables , and other officers , to take due care of accordingly . and for other wandering poore , uagabonds , rogues , and such like base and vnruly people , which pester the high way , and make it their trade or profession to liue by begging , pilfering , or other vnlawfull shifting , his maiestie doth hereby straitly charge and command , aswell the knight marshall of his houshold and his deputies , as all maiors , sheriffes , iustices of peace , constables , and other his maiesties officers and louing subiects , to cause such as bee impotent , to bee foorthwith returned into their owne countreys , and such as be able to labour , to bee sent to the houses of correction , or otherwise ordered according to the lawes : to which end also , his maiestie likewise chargeth and commandeth the sayd sheriffes , iustices , and other officers , to cause diligent watch by night , and ward by day to be kept by honest and substantiall housholders , in euery citie , towne , uillage , and parish , through which his maiesty shall passe , and within twelue miles compasse of his maiesties passage or court , aswell to be ready vpon all occasions to suppresse disorders and breaches of the peace , as to make speciall search for all such persons , as shall pretend themselues to bee his maiesties seruants , or followers of the court , and craue lodging without hauing billets for the same , and to apprehend all such as they shall finde so lodged or entertained , & not billeted , and to bring them before the knight marshal , or his deputy , and in all other things to be assisting to him and them concerning the premisses , for all occasions of his maiesties seruice . and because his maiestie findeth much disorder in some of his owne seruants , in vnnecessary pestering of the court , when there is no cause for their attendance or imployment , his maiesty straitly forbiddeth , that any of his seruants do either in this iourney of his maiesties intended to douer , or elsewhere in his summers progresse , or vntil his maiestie shal come to keepe a standing house in winter , resort to the court , execpt such onely of his maiesties seruants , as are , or shall be set downe in the liste , or shall be allowed for seruice within doores , and aboue staires , by the lord chamberlaine of his maiesties honourable houshold , or below staires , by the treasurer and comptroller of the houshold , or for seruice without doores by the knight marshall , vpon paine of his maiesties displeasure , and incurring the censure of a high contempt . and to the end his maiesties royall pleasure herein before declared , may bee in all points obserued , his maiestie straitly chargeth and commandeth his knight marshall , and all maiors , sheriffes , iustices of peace , constables , headboroughs , bayliffes , and other his maiesties officers whatsoeuer , to see all things concerning the premisses , carefully performed , and put in due execution , according to the dueties of their seuerall places , as they and euery of them will answere for any their neglects herein , at their vttermost perils . giuen at the court at white-hall , the seuenteenth day of may , in the first yeere of his maiesties reigne of great britaine , france and ireland . god saue the king. ¶ printed at london by bonham norton and iohn bill , printers to the kings most excellent maiestie . m.dc.xxv . by the king whereas, upon summons from vs, divers gentlemen of this our county of york did attend vs upon thursday the twelfth of this instant may ... england and wales. sovereign ( - : charles i) this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing c ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing c estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) by the king whereas, upon summons from vs, divers gentlemen of this our county of york did attend vs upon thursday the twelfth of this instant may ... england and wales. sovereign ( - : charles i) charles i, king of england, - . broadside. imprinted at yorke, by robert barker ... and by the assignes of john bill, and reprinted at london by a.n. for i.t., [london] : . "given at our court at york, the fourteenth day of may, in the eighteenth yeere of our reigne, ." other title information taken from first lines of text. imperfect: torn and folded, with slight loss of print. reproduction of original in the harvard university library. eng great britain -- history -- civil war, - . great britain -- politics and government -- - . a r (wing c ). civilwar no by the king. whereas, upon summons from vs, divers gentlemen of this our county of york did attend vs upon thursday the twelfth of this inst england and wales. sovereign c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - judith siefring sampled and proofread - judith siefring text and markup reviewed and edited - pfs batch review (qc) and xml conversion royal coat of arms by the king . whereas , upon summons from vs , divers gentlemen of this our county of york did attend vs upon thursday the twelfth of this instant may , when wee declared our resolution ( for the reasons then delivered by vs ) to have a guard to secure and defend our person , and desired there 〈…〉 concurrence and assistance of the gentry of this county . and whereas divers gentlemen of this county , for many reasons and occasions , could not then appeare to receive our pleasure on that behalfe , whereunto divers have subscribed . vve have therefore thought good hereby to give notice as wel to those gentlemen who were not then present , as to those who did then attend vs , that our command is , that as wel those gentlemen who are charged with horse , as others , appeare at yorke upon friday the twentieth of this moneth , in such manner and equipage as will be convenient for the guard of our person . and we require and command , that in the interim no other warrants , order , or command whatsoever shall distract or hinder this our service . and we further will and command , that this our order be forthwith published by the sheriffe of this our county : for which this shall be sufficient warrant . given at our court at york , the fourteenth day of may , in the eighteenth yeere of our reigne , . imprinted at yorke , by robert barker , printer to the kings most excellent majesty : and by the assignes of iohn bill , . and reprinted at london by a.n. for p.t. . a proclamation of his majesties grace, favour, and pardon to the inhabitants of his county of lincolne, and of his citty of lincolne, and county of the same citty england and wales. sovereign ( - : charles i) this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing c ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing c estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a proclamation of his majesties grace, favour, and pardon to the inhabitants of his county of lincolne, and of his citty of lincolne, and county of the same citty england and wales. sovereign ( - : charles i) charles i, king of england, - . broadside. by l. lichfield ..., [oxford : or ] at head of title: by the king. "given at our court at oxford, the twelfth day ianuary, in the eighteenth yeare of our reigne." imprint suggested by wing. reproduction of original in the bodleian library. eng proclamations -- great britain. great britain -- history -- civil war, - . great britain -- politics and government -- - . a r (wing c ). civilwar no a proclamation of his majesties grace, favour, and pardon to the inhabitants of his county of lincolne, and of his citty of lincolne, and co england and wales. sovereign a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion c r honi soit qvi mal y pense royal blazon or coat of arms by the king . ¶ a proclamation of his majesties grace , favour , and pardon to the inhabitants of his county of lincolne , and of his citty of lincolne , and county of the same citty . whereas we have taken notice , that by the malice , industry , and importunity of severall ill-affected and seditious persons in our county of lincolne , and citty of lincolne , and county of the same , very many of our weake & seduced subjects of those our counties and citty , have not only beene drawne to exercise the militia . under colour of pretended ordinance , without and against our consent , ( a crime of a very high nature , if we would strictly enquire thereinto ) but have made contributions of plate money , and horses , towards the maintenance of the army now in rebellion against vs ; and also have raised and gathered together armed men in those our counties and citty , and doe muster and train them without warrant or authority from vs . we doe hereby publish and declare , that we are gratiously pleased to attribute the said crimes and offences of our said subjects of those places , to the power and faction of their seducers ; who , we beleeve , by threates , menaces , and false informations compelled and led them into these actions of undutifullnesse and disloyalty towards vs ; and therefore we doe hereby offer our free and gracious pardon to all the inhabitants of our said county of lincolne , and citty of lincolne , and county of the same , for all offences concerning the premisses committed against vs , before the publishing of this our proclamation , except sir edward ascough , sir christopher wray , sir anthony irby , knights , thomas hatcher , and thomas grantham , esquires , against all which we shall proceed according to the rules of law , as against traitors and stirrers of sedition against vs , and whom we doe hereby require all our officers and ministers of iustice , and all our loving subjects to apprehend and keep , or cause to be kept in safe custody till our plesure be farther known . provided , that this our grace shall not extend to any person who after the publishing of this our proclamation shall presume by loane , or contribution , to assist the said army of rebells , to assemble and muster themselves in armes without authority derived from vs under our hand , to enter into any oath of association for opposing vs and our army or to succour , or entertaine any of the persons excepted in this our proclamation , or in our declaration of the th of august last . but we do declare , that whosoever shall henceforth be guilty of the premisses , or of either of them , or shall give obedience to any warrants concerning any musters , levies , or contributions for levies whatsoever , under any pretence of authority whatsoever , either from the said sir edward ascough , sir christopher wray , sir anthony irby , thomas hatcher , thomas grantham , or from any other person or persons whatsoever , without our expresse consent declared under our great seale or signe manuall , shall be esteemed by vs as an enemy to the publike peace , a person dis-affected to vs , and to the religion and lawes of the kingdome , and shall accordingly receive condigne punishment , of which we give them timely notice , that they may proceed accordingly at their perills . and wee doe hereby will and require our high sheriffe of our said county of lincolne , the sheriffes of our said citty , all iustices of the peace , and all other our officers , and loving subjects to resist , oppose , and apprehend all such persons as shall presume to make any leavies in that our county of lincolne , citty of lincolne , or county of the same under what pretence soever , without authority derived from vs under our hand . and we likewise will and require them , and every of them to be assistant to all such as shall either command the traine-bands of that our county of lincolne , citty of lincolne , or county of the same citty , or make any levies in the same by vertue of commission under our great seale or signe manuall . and lastly our expresse pleasure and command is , that this our proclamation be published and read in all the churches and chappells within our said county of city of lincolne , citty of lincolne , and county of the same , by the parsons , vicars , or curates of the same . ¶ given at our court at oxford , the twelfth day of ianuary , in the eighteenth yeare of our reigne . god save the king . to the right honourable the lords and commons now assembled in parliament the humble petition of john smith of sandwich draper, in behalfe of himself and the inhabitants of margate. smith, john, of sandwich, draper. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing s ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing s estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) to the right honourable the lords and commons now assembled in parliament the humble petition of john smith of sandwich draper, in behalfe of himself and the inhabitants of margate. smith, john, of sandwich, draper. p. s.n. [london? : ?] caption title. reproduction of original in cambridge university library. eng margate (england) -- history -- sources. great britain -- politics and government -- - . a r (wing s ). civilwar no to the right honourable the lords and commons now assembled in parliament. the humble petition of john smith of sandwich draper, in behalfe smith, john, of sandwich, draper b the rate of defects per , words puts this text in the b category of texts with fewer than defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - judith siefring sampled and proofread - judith siefring text and markup reviewed and edited - pfs batch review (qc) and xml conversion to the right honourable the lords and commons now assembled in parliament . the humble petition of john smith of sandwich draper , in the bebalfe of himself and the inhabitants of margate . sheweth , that for neer two and thirty years since , untill within six years last past , the sea-works of margate in the isle of thanet , were maintained by scots on the houses and lands there , together with part of the benefits of the peer ( the said peer being a great and continuall cause of the devastation of the said works ) which scots were imposed by the commissioners of sewers , who then viewed and took care of the said works ; during all which time , by the blessing of god , the said town was preserved , and little or no hurt done by the violence of the sea . that about six years since , divers persons whose estates lies more backward from the sea , and in lesse danger ; aiming more at their private ends , than the publicke good , questioned the power of the commissioners , alledging the said seaworks were not in compasse of the statute , on which their commission was granted : whereupon the commissioners wholly rejected the said workes : and since that time the sea hath done above four thousand pounds worth of hurt there ; and threatens the destruction of the town . that at the time of the rejecting of their charg of the works , your petitioner was expenditor of the same works , & had some estate there in housing , did for safeguard thereof , and the town go on in repair of the said works ; towards which he was forced to borrow two hundred pound upon his own band ( for which he still paies use for ) his scot granted him by the commissioners being deni'd to be paid him ; but after great charges upon the said works , by the late violence of the sea , a great part of the jetty-works were taken away for want of due reparations , whereupon your petitioner , finding the burden in supportable for himselfe alone to undergo , & considering what the miserable event would be if neglected , did gain a certificate from the maior and jurats of dover , under the town seal ( in whose jurisdiction margate is ) of the great danger the said town was in , with a petition subscribed by many of the inhabitants of margate , wherein was desired timber for the present making up of the said works , and a scot as formerly continued ; which petition and certificate was presented to the right honourable committee of admiralty & cinque ports ; and thereupon an order was made & directed to some knights and gentlmen neer margate to view the said works , and to report the danger , and charge of repair to that committee , as by the order annexed appears : who with experienced workmen measured and cast up the charge , and made report of it accordingly , as by the report also appears : upon which report the committee of the admiralty ( after along and chargeable attendance ) made a further order : wherein they declared what they conceived fitting to be done therein . and in regard the same works lay within the jurisdiction of the sinque-ports , they thought fit to recommend the businesse to both houses of parliament , either to be by them confirmed , or otherwise ordered , as to their wisdomes should seem meet ; as by that order also appears . but by reason of the kingdomes more weighty businesse , your petitioner as yet hath had no further order or redresse heerin , although the sea hath done above five thousand punds worth of hurt within four years past , though in the interim , and for these six years past , your petitioner hath defended a great part of the town at his own charge , and expended the summe of four hundred eighty pounds eighteen shillings and eight pence , as by a particular accompt under the workmens hands appears ; besides his charges in soliciting of the businesse , amounting to above three hundred pounds , and in the neglect , losse and hinderance of his trade , to at least six hundred and fify pounds , without any peny recompence ; which will be to his sudden ruine and destruction , if not relieved by your honours . may it therefore please your honours to consider of the premisses , and that a place of such consequence where embassadors and persons of great quality take shiping , and are landed , may not be quite overwhelmed , and the estate of your petitioner , and many others quite destroyed , and their wives , children and families ruined ) to be pleased speedily to order , that sufficient timber may be allowed , so as the present breaches may be timely repaired , and for time to come upheld , by scots on the houses and lands there , and by a poundage upon commodities exported and imported from and to the said island ; that the peer wardens may be yearly accomptable to the maior and jurats of dover , for the money by them received and expended about the same , a moiety of the overplus to be allowed yearly towards the said works ; and that your petitioner may be speedily satisfied his said disbursments about the said works . and your petitioner shall ever pray , &c. die jovis , . novemb. . at the committee of lords and commons for the admiralty and cinque-ports in reading the petition of john smith expenditor for the works against margate , concerning the deficiency of the said works , his charg●s in attending that businesse of the isle of thanet , the delaies used by some that have addressed their petition to this committee in opposition of his ; by their not standing to what had been mutually agreed before some of this committee , and proposing away for repaire of the said works , and keeping of them for the future . ordered that henry crisp esquire , george summer , william coppin , thomas wheatley , edward brooks , and stephen bishop , doe attend this committee on this day three weeks , by themselves or some of them , or some other on their behalf , sufficiently instructed to answer the said petition , and failing thereof , this committee will proceed to settle such resolution upon john smiths said petition , as shall appear most meet , without further delay . signed by my lord of warwick , and others of the said committee . a true copie of the agreement which the island-men , before the committee of the admiralty agreed on , but now fall from , and refused to set their hands to : here followeth , upon debate before the honourable committee of lords and commons , for the admiralty and cinque-ports , of the matter in difference touching the repairing , sustaining , and keeping of jetty-workes against the sea at margate , in the isle of thanet , for preventing the destruction and swallowing up of the said town of margate , by the violence of the sea breaking in upon it . and upon hearing of john smith , expenditor for the said town , and his councell on the one side . and of sir henry crisp , henry crisp esq . richard hartie , jeffery sandwell , john broxland , marke ambrose , tho. smith senior , george somner , john tomblin , wil. copin , john pannell , james hannaker , and richard jenvey , and their councell on the other side . upon the whole businesse there arose two questions . the first , how the said jetty-works might for the present be repaired , and for the future maintained , so that the sea might be kept from breaking in , and the said town might be preserved ? the second , how the said smith , the expenditor might be satisfied and reimbursed the monies and charges he had laid out , and been at in this publique and common businesse , for the time past ? and as to the first , the said sir henry crisp , henry crisp esq . richard hartie , jeffery sandwell , john broxland , marke ambrose , tho. smith , senior , george somner , john tomblin , wil. coppin , john parnell , james hannaker , richard jenvey , and their councell did offer , that if the repairing of the said jetty-workes and the keeping thereof , might be entrusted to them , they would with . tunne of timber , to be allowed unto them for the said worke for the present sufficiently repair the said jetty-works , and make them defensive against the sea , and safe guard and preserve the said town of margate , and every part thereof , and of the lands thereto belonging , against the violence and breaking in of the sea , as well for the present as for the future for ever hereafter , without any further tax , allowance or charge , to be yeilded , made , paid or imposed therefore , but only a scot , or tax of . pence in the pound , to be levied and paid out of the houses erected against the said workes , and to be paid but once in the year and no oftner . and for the performance thereof in every particular , viz. as well for the present repairing , as future sufficient keeping the same for ever , upon the rate aforesaid , and without any further demand . the said parties before mentioned did by themselves and their councell , make offer , to put in sufficient security , as this committee or the honourable houses should approve and like of ; which being accepted and yielded unto by the said smith the expenditor ; the committee thought fit that the same should be subscribed by the said parties , to remain with this committee , or be presented to the honourable houses , as should be requisite . and as to the second question , touching the charge and disbursments of the said smith , for that the parties could not agree upon the same , nor how and in what manner they had been laid out . it was humbly praied , that a commission might be ordered to issue out of the court of admiralty of the cinque-ports , to examine witnesses upon such matters , interrogations , and questions , as the said smith for his part might see cause for the better ascertaining of the said disbursments , and charges by him expended ; and wherein the said other parties might joyn and counterexamine likewise if they thought meet . that so examinations being duly taken , they might be returned to this committee , whereupon this committee might be truly informed of the true state of the matter ; and so give such order for relief of the said smith , as they should hold just and equitable . a certificate from the inhabitants of margate , shewing the sad and lamentable condition that the said town is in , by reason of a late breach which the sea made ; which might have been prevented , had the island men stood to the forementioned agreement . a true copie whereof here followeth . to the right honorable the committee for the admiralty and the cinque-ports . these are further to informe your honors , that whereas the jetties of margate , in the isle of thanet , and county of kent ; and the great danger of the said town , have many times and late been discussed before your honors , and whereupon your honors out of a commisseration , and due consideration , of the danger of the said town and inhabitants there ; have been favourably pleased to grant some convenient quantity of timber , for the better defence of the said town and inhabitants there , against that raging and mercilesse element , the sea . and whereas it hath pleased god on sonday last past , ( being the . day of this instant march , ) to send a most tempestuous tyde , against the said town , ( as at other places ) by reason whereof , a great part of the said workes is broken down , and some part of a house of this bearer john smith , is demollished ; and whereas not only the estate there of the said john smith , but of many other the inhabitants of the said town , are ( if not very speedily secured ) like to come to utter ruine and decay . the premises considered , may it yet again please your honors , to take the deplorable condition of the said town and inhabitants , into your speedy and mature consideration , and to afford such a quantity of timber for the defence of the said town and inhabitants ; and also to appoint and ordain some able man ( whom your honors shall thinke fit ) to take care of the said workes , as in an exigence of so much concernment and danger is required . in witnesse whereof , we your honours humble petitioners have subscribed our hands ( inhabitants of the said town ) the . day of march , non salutis , . subscribed by the inhabitants of margate . to the right honourable the committee of the cinque-ports and admiralty . may it please this honorable committee : we whose names are here under written ( inhabitants of the town and port of sandwich ) doe humbly certifie ( being thereunto requested ) unto your honors in the name , and behalf of john smith , ( one of our said town ) . that ( to our knowledge ) he hath been a man alwaies wel-affected to the parliament , in their actings , and proceedings for the publique interest , welfare , and happinesse of the kingdome ; and in order thereunto he hath declared his forwardnesse , ( we believe beyond his abilities ) in contributions and subscriptions for horse , plate , and monies , and in regard he hath ( as we are informed , through the opposition of some ill-affected persons ) suffered much in his estate ( sundry waies ) by his long attending on his businesse of margate , in the isle of thanet ; ( which if effected we believe would tend to a publike good , and benefit . ) we , ( your humble servants , considering the premises ) doe humbly beseech and request , this honorable committee , for to consider his cause , and to answer his desire , ( which we are confident of ) as your honors apprehend them just : and with what convenient expedition it may be ; which otherwise ( considering also his great charges and expences in prosecuting therof ) may prove to be to the extreame wrong and dammage ( if not the utter undoing ) of himself , and his family . humbly represented and subscribed , by the major and jurets , &c. die sabba . . february . at the committee of lords and commons for the admiralty and cinque-ports . on consideration of a petition presented to this committee , by john smith expenditor for margate in the isle of thanet in the county of kent , in behalf of himself , and the inhabitants , and owners of the houses and lands lying against the sea at margate aforefaid ; the same setting forth the great danger the said town is in of being carried to sea , and the great losse already befallen the estates of many the inhabitants ; by the carrying of many of their houses already to sea , through the decay of certain jetty works heretofore made for defence thereof ; and praying that timber may be appointed for repair of the same ; as also that money may be raised for the perfecting thereof , out of the arrears of a scot of two shillings per pound , heretofore charged upon the houses and lands there ; and of another scot of thirty six pound per annu . laid upon the peer of margate , by the commissioners of sewers for the east of kent , about twenty five years ago , the paying thereof having been for some years discontinued : and that for the future maintaining thereof , the said scots may be continued ; or that in liew of a moiety of two shillings per pound , reasonable poundage may be set down upon certain commodities going in and out of the said island , a list of which commodities , and of rates proposed to be set upon them respectively was now presented , and upon reading a certificate from some gentlemen of the county of kent , to whom the state thereof was referred by the committee , to be viewed and certified ; they thereby setting forth , that the said jetty works , being by them surveied , and workmen consulted with ; they found that fifty five rods of timber-work is in decay , which requiring double work will take up six hundred and five tun of oaken timber , that the workmanship will amount to as much or more charge , than the timber ; and there will need a continuall charge to keep it for the future : and for that this committee is informed by some members of both houses , that they have viewed the same , and finde the defect and danger of the said town to be very great ; and for as much as the same is within the jurisdiction of the cinque-ports , this committee doth thereby conceive it their duty to represent it to both houses of parliament , and doth recommend it to them , that the present defects may be repaired , and sufficient timber for that end allowed ; and that the town may in time to come be secured , by a scot upon the said houses and lands , or by a poundage upon commodities exported and imported , from and to the said island , or otherwise , as they in their wisdomes shall think fit ; as also that consideration may be had of the petitioner john smith , his disbursments for the upholding of the said works ( which by his petition is alledged to amount unto four hundred and twenty pounds ) in such a way as they shall think meet ; he having offer'd ( as by the said certificate is mention'd , upon allowance of a moiety of the said scot , & of a poundage on the said commodities , to perform the said work ( being first furnished with timber as aforesaid ) and to engage an estate of a thousand pound value to keep the same for ever . and it is lastly ordered , that a copy of the said certificate and of the schedule of rates upon the said commodities be annexed to this report . warwick . whereas the jetty-works of margate in the isle of thanet , according to an order of the right honourable committee of the admiralty and cinque-ports , being surveied by us james oxenden knight , major boyce esq henry crisp , esq ; and we calling three sufficient carpenters to measure the works , it was found to be in decay , as following . . that there was . rods of worke measured and found in decay , each of which rods was conceived would take up . tunns and half of timber for single workes , and for double workes so much more , and the same requiring all double worke , it will take up in the whole . tunns of oaken timber . . that the workmanship for carpenters , sawyers , and other workmen , will amount to as much or more charges , then the timber to compleat the said workes . . that it will require a constant and continuall charge in repairing , upholding and keeping the same workes . . that if the now expenditor john smith , may be yearly allowed . pence in the pound upon all houses and lands , which for . years past paid . shillings in the pound , as appears by scot . and also if he may receive according to the rates of , and upon the particular commodities set down and expressed in a schedule hereunto annexed , and as this honorable house shall thinke fit , and as is used in other maritan towns , he is willing to undertake to performe the said worke , being furnished with timber sufficient as aforesaid , and will engage l . lands and houses in the said island , for performance and keeping of the said workes for ever , he being the fittest man for the same , as being already entrusted for by the said town , and the said town being now in most eminent danger to be lost , if not speedily helped , as aforesaid . james oxenden . having about eight months past , with the lieutenant of dover castle , and mr. henry crisp , surveighed the dangerous condition of margate , i did finde that there is fifty five rods or thereabouts , which of necessity must be maintained against the rage of the sea , and did also finde by the judgement of able workmen then present , that the premises will require the timber and expence here above mentioned . henry heyman . the distressed oppressed condition of the inhabitants of south-wales for many years last past, briefly and impartially stated . in reference to their spiritual concernments, . in relation to their civil rights and freedomes : with several proposals tending to the discovery of above Ł unaccompted for the common-wealth ... this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing m ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing m estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the distressed oppressed condition of the inhabitants of south-wales for many years last past, briefly and impartially stated . in reference to their spiritual concernments, . in relation to their civil rights and freedomes : with several proposals tending to the discovery of above Ł unaccompted for the common-wealth ... g. m. p. published by g.m., [s.l.] : [ ] caption title. attributed by wing to g.m. reproduction of original in the bodleian library. eng wales -- politics and government. great britain -- politics and government -- - . a r (wing m ). civilwar no the distressed oppressed condition of the inhabitants of south-wales, for many years last past, briefly and impartially stated. . in refere [no entry] c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - john latta sampled and proofread - john latta text and markup reviewed and edited - pfs batch review (qc) and xml conversion the distressed oppressed condition of the inhabitants of south-wales , for many years 〈…〉 briefly and impartially stated . . in reference to their spiritual concernments , . in relation to their civil rights and freedomes . with several proposals tending to the discovery of 〈◊〉 l. unaccompted for the common-wealth . . out of the sequestred estate of papists and delinquents . . out of the sequestred tithes , church-livings , 〈…〉 siastical revenues in south-wales and county of monmouth . humbly tendered to the consideration of the parliament . in the years . & . a considerable number of the ministers of those parts were ejected by the respective committees , who by themselves and agents received the profits of their livings , as yet unaccounted for . the of february . by an act of parliament then made , colonel thomas harrison , col. philip jones , henry herbert , william herbert , william p●o●er , vvilliam blethin , christopher catchmay , rees vvilliams , john nicholas , edward herbert , robert jones , 〈…〉 , edward prichard , john price , rowland dawkins , william boteler , edward stradlinge , john herbert , richard jones , jenkin francklin , john james , vvroth rogers , john herringe , stephen vvinthrop , sir erasmus phillips , sampson lot , henry vvilliams , silvanus taylor , richard kinge , john vvilliams , john dancy , thomas vvatkins , james phillips , john lewis , vvilliam barbar , john daniell , and john bowen esquires , were impowered and intrusted , . to evict and amove all delinquent and scandalous ministers and schoolmasters in the counties of south-vvales , and county of monmouth . . to put in able ministers and school 〈…〉 qualified for that purpose . . to dispose of the revenue of the ti 〈…〉 livings , and other ecclesiastick revenues there , 〈…〉 their maintenance . those commissioners acted so vigorously and severely , that most of the ministers in those counties were suddenly ejected ; and amongst them , some that were worthy persons , that by their lifes and doctrines were useful in that high calling , and in christian prudence and moderation , might have been reserved until ( at least ) others better qualified could have been found to supply their places : but at that time their calling and orders were accounted crimes ; and for small faults done many years before were freshly arraigned , in order to their conviction . the commissioners by themselves and their agents had the managing and disposing of the tithes and ecclesiastick revenue there for three years by that act , which were privately let to many of their relations at under-values ; for they posted none of their bargains , nor used any means to improve the same for publick benefit : and for one other year , viz. . they continned the receiving & disposing thereof , by vertue of his late highness letter . and it was observed , that many imployed in this work did suddenly and highly improve their estates . and one man before the wars not worth l. hath since acquired above l. per ann. the th . mar. . complaint of the premisses was made to the then parliament by petition , attested by many hands of those counties , who prayed , . a supply of their churches with such godly able ministers as the parliament should approve of . . that an exact accompt might be made of that revenue , which was moderately estimated by the petitioners at l. per ann. and so much offered the parliament for the same , and good security for the payment thereof . the parliament referred the examination thereof to a committee , with power to grant commissions to the countrey for the better discovery of the truth of the premisses . the petitioners could never obtain any commissions , or real examination thereof ; at that time eminent persons intrusted with the receiving and disposing of that revenue , being members of parliament : but in stead thereof , all means were used to suppress the same ; and in order thereto . col. freeman the petitioners counsel ( being then attorney general of south-vvales , by order of parliament , and patent under the great seal of england , habend . donec parliament . angliae aliter ordinaverit , who had done eminent service for the common-wealth , and continued to this day faithful to the publick cause of the nation ) was for prosecuting that petition imprisoned , and after the dissolution of the long parliament , by an order of a few of the then councel amoved out of his place . and to add to his aff●iction , one edmund jones , a compounded delinquent of record , who had violently acted during all the late wars against the parliament , and a grand instrument of the popish party at ragland , was by the means of the said col. philip jones appointed attorney general of south-vvales in the place of col. freeman . this jones did procure good bargains from his young mr. the lord herbert for col. philip jones , who bought several lordships from him , and was the main agent and instrument of the said colonel in all his affairs and concernments in vvales . whereas the said jones did give no other signal testimony of his good affection to the parliament , then the most inveterate cavaliers in all eng. and vvales would do , viz. to bear offices of honor , power , and profit , and to be in a better capacity to serve the malignant party : and it is observed , that since the said jones came to authority there , the most notorious delinquents and cavaliers in south-vvales have also been vested with power ; as sheriffs , justices of the peace , commissioners of the monethly assessements , &c. insomuch that all were fitted to observe the arbitrary will and pleasure of him that recommended them to those places . . john gunter the petitioners sollicitor ( a person well affected ) was for that cause several times imprisoned , turned out of many several offices and imployments , and his very life as well as his estate and good name by horrid perjury endevoured to be taken from him . . divers of the petitioners being justices of the peace , and commissioners , &c. were displaced , and the self-ended complying delinquents put in their steads . . and last the parliament it self was dissolved , whereby there was no inquiry or accompt given of this great revenue : and many are of opinion that their dissolution was hastened by the means of persons lyable to accompt . that the cry of this business ringing loud in the ears of most persons , ( though the poor people still were left remediless ) it was so ordered , that a very formal commission by an ordinance from his late highness and councel , dated augusti . was procured to commissioners to take the accompts of the said commissioners for propagation , and to give them discharges . and afterwards the same ordinance was confirmed in the last parliament . what accompt was taken , or discharges given , have not been thought fit to be made publickly known : however the accomptants conceive themselves secure with their discharges . against which it is objected ; . that philip lord jones , being chiefly intrusted with the disposing of the said revenue , and being at the passing of the said ordinance one of his highness councel , and thereby in a capacity as well to nominate as ●pprove the said commissioners ; it is conceived unreasonable he should have the nomination of persons to call himself and his associates to accompt . . though the welsh judges , ( who were also placed with his consent , if not appointment ) and some other gentlemen of quality were named in this ordinance to give it the greater countenance , yet not any of them were called in to the taking of this grand accompt , nor was it probable in their circuits they should have leisure to attend the same . . this accompt was taken at one time at swanzey by four or five persons that were either subject to an accompt , as farmers of and agents concerning sequestred estates , or of near relation and subordination to the said colonel , and very unlike to procure his displeasure by a true examination of those accompts . . this accompt was also taken on the bare credit of the accomptants , without any surcharge or examination of witnesses , and in one day ; which being effectually done would require some moneths . obj. if it be objected , this ordinance was confirmed by parliament , and their discharges barr a reexamination . ans. nullum tempus occurrit regi . and this parliament may review the frauds , falsities , and deceipts , in the passing of those accompts , if it shall so appear unto them ; and the rather , for that in the last parliament , none sat as members for such parts , but such as were accomptants , or elected by the recommendation , approbation , or interest of the accomptants . the th of august . those commissioners named for south-wales in the ordinance then passed by his highness and councel for ejecting of scandalous ministers and school-masters , were also named by philip lord jones , whereof seventeen are those formerly instrusted with the disposing of the tithes and church-revenue . by colour whereof they and their former agents continued the letting and disposing of the said revenue to this day , being full nine years since they were first instrusted therewith , which for that time is conceived to amount to above l. and to this time the respective parishes mustlye unsupplied with ministers and school-masters , many of the shire towns , and many market towns having no ministers settled to preach the gospel amongst them . as to the estates of papists and delinq . in south-wales ; that for the time the same was managed by the committees , there hath been no true accompt yet given the commonwealth for the same , amounting to a great value ; those very estates of delinquents in armes sold by act of parliament , being surveyed and retorned on oath to be anually worth l. s. d. ob . q. and the improvement thereof to l. s. d. which during the war , and until the same was sold lay under sequestration . that complaint to the commissioners at haberdashers-hall being made against colonel jones , and the sub-commissioners for sequestration in south-wales ( of his recommendation ) that no due accompt was given the common-wealth of this revenue ; the commissioners amoved those they formerly commissionated there , yet nevertheless afterwards gave way for colonel jones to name new commissoners , and put out three sub-commissioners for breconshire , that in a short time whilest they acted had doubly advanced the revenue there ; and to this day there is no true accompt given the commonwealth of this revenue , which as is conceived wil amount to a vast summe of money if duly inquired into . forasmuch as these matters were transacted in seven counties , consisting of seven hundred parishes , very remote ; and it is impossible that a true and exact accompt can be had of all these revenues , without the ministers , and three or four of the most knowing freeholders in every parish be examined on oath touching the same , which a committee of parliament cannot have leisure to attend , nor the people brought hither without excessive charge and trouble : in order to the taking of all these accompts , it is therefore humbly proposed , . that none of the commissioners of propagation , or their near friends and relations that are now members of parliament , may fit in any committee to vote or judge of their own accompts or concernments , or to obstruct the effectual carrying on of this work . . that a convenient number of discreet able persons of no relation or dependance on the said accomptants , may be appointed commissioners for south-wales and county of monmouth by act of parliament , or by commission under the great seal of england , or his highness court of exchequer , with sufficient power , to send for persons , papers and witnesses , and to examine witnesses on oath touching the particulars following , viz. . the real valuations of the tithes and church-livings and other ecclesiastical benefices , and promotions in every individual parish there . . when every minister and school-master was ejected . . who received and disposed of the tithes , &c. and how long , and what is become of the moneys thereby raised . . what willful miscarriages and indirect proceedings were used in the letting and disposing of that revenue at undervalues to friends and relations , and what rewards were given for such bargaines . . when every minister and school-master was put in the roomes of those ejected . . what such ministers and school-masters , and all others the commissioners agents were allowed and payed ; and at the foot of this accompt it will appear what surplusage is justly due to the commonwealth . . and that the same commissioners may receive the accompts of the committees and commissioners of sequestration , with the like power given them for that purpose . . and for the better and more effectual carrying on of this good work , that councel and solicitors may be assigned , and a fitting incouragment and protection given them therein . which being granted and effectually put in execution , there will undoubtedly appear to be due to the commonwealth over and above all just and necessary payments and allowance ; above l. as to the peoples civil rights and freedomes in those parts ; it would be almost incredible to relate , and too voluminous herein to insert the many false imprisonments , forcible entries , part●king in causes and suites , protecting and countenancing of hainous offenders , and taking away of mens rights and estates in those parts , and many other injuries , misdemeanors , and oppressions done , being very grievous and intolerable ; the particulars whereof are ready to be exhibited to parliament when they have leisure to examine matters of that nature , which for the present are herein omitted . and in truth how can it be otherwise expected , when all these powers for many years have centred in one person ? viz. the recommendation and nomination of all members of parliament , judges , justices , sheriffs , commissioners of the monethly assessement , commissioners of decimation , sequestration , treasurers , collectors , excisemen , and all other officers , miliary , civil and ecclesiastick , who on the least displeasure given , are subject to be as easily removed , as they were first impowered , which hath been frequently practised in those parts ; especially those malignants and cavaliers in authority , who being conscious of their own guilt and incapacity , are the more slavish and apt to act any thing arbitrarily at the will and pleasure of their patron . it is therefore humbly left to consideration , . whether any one man in the beginning of these wars , being not worth in all the world l. could since by lawful honest means acquire an estate of above l. per annum . . whether it be not fit to enquire how he came by this great estate , the commonwealth being in great want of money . . whether it be safe for the people , or consistent with the policy and prudence of a well governed state , to continue such a person in such an absolute authority ouer six counties , which he hath exercised in manner aforesaid , for above seven years last past . published by g. m. ready to prove and justifie the same . the long parliament revived, or, an act for continuation, and the not dissolving the long parliament (call'd by king charles the first in the year ) but by an act of parliament with undeniable reasons deduced from the said act to prove that that parliament is not yet dissolved ; also mr. william prin his five arguments fully answered, whereby he endeavours to prove it to be dissolved by the kings death &c. / by tho. phillips. drake, william, sir. approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing d estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the long parliament revived, or, an act for continuation, and the not dissolving the long parliament (call'd by king charles the first in the year ) but by an act of parliament with undeniable reasons deduced from the said act to prove that that parliament is not yet dissolved ; also mr. william prin his five arguments fully answered, whereby he endeavours to prove it to be dissolved by the kings death &c. / by tho. phillips. drake, william, sir. [ ], p. printed for the author and are to be sold at the castle and lyon ..., london : mdclxi [ ] thomas phillips is a pseudonym for sir william drake--blc. reproduction of original in the harvard university library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng great britain -- politics and government -- - . - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - tcp staff (michigan) sampled and proofread - allison liefer text and markup reviewed and edited - pfs batch review (qc) and xml conversion the long parliament revived : or , an act for continuation , and the not dissolving the long parliament ( call'd by king charles the first , in the year . ) but by an act of parliament . with undeniable reasons deduced from the said act to prove that that parliament is not yet dissolved . also , mr. william prin his five arguments fully answered : whereby he endeavours to prove it to be dissolved by the kings death , &c. by tho. phillips gentleman , a sincere lover of his king and country . london , printed for the author , and are to be sold at the castle and lyon in st. pauls church-yard , mdclxi . anno . caroli regis . an act to prevent inconveniencies which may happen by the untimely adjourning , proroguing , or dissolving of this present parliament . whereas great sum : of money must of necessitie be speedily advanced and provided for relief of his majesties army and people in the northern parts of this realm , and for preventing the immanent danger this kingdom is in , and for supply of other his majesties present and urgent occasions , which cannot be so ●●●ely effected , as is 〈◊〉 without credit for raising the said moneys : which credit cannot be obtained untill such obstacles be first removed , as are occasioned by fears , jealousies , and apprehensions of divers his majesties loyal subjects , that this present parliament may be adjourned , prorogued , or dissolved before justice shall be duly executed upon delinquents ; publike grievances redressed ; a firm peace between the two nations of england and scotland concluded , and before sufficient provision be made for the repayment of the said moneys so to be raised . all which the commons in this present parliament assembled having duely considered , do therefore humblie beseech your most excellent majesty that it may be declared , and enacted . and be it declared and enacted by the king our soveraign lord , with the assent of the lords and commons in this present parliament assembled , and by the authority of the same that this present parliament now assembled shall not be dissolved unless it be by act of parliament to be passed for that purpose . nor shall be at any time or times , during the continuance thereof , prorogued , or adjourned , unless it be by act of parliament to be likewise passed for that purpose . and that the house of peers shall not at any time , or times , during this present parliament , be adjourned , unless it be by themselves , or by their own order : and in like manner , that the house of commons shall not at any time , or times , during this present parliament , be adjourned , unless it be by themselves , or by their own order . and that all , and every thing , and things , whatsoever done , or to be done , for the adjournment , proroguing , or dissolving of this present parliament , contrary to this act , shall be utterly voi● , and of none effect . the long parliament revived . to the end the peace of this nation may be established upon a firm and lasting foundation , and that after one shipwrack , hardly escaped , we run not blindfold again upon a more fatal , and irrecoverable rock of confusion : the author of this small paper ( out of tender compassion to his native country , and with all humble respects of due allegiance , and honour to his royal majesty that now is ) hath thought fit ( with the premi●ed act of parliament ) to offer some few arguments to the world naturally flowing from the authority and reason of it : which if timously harkened to , may yet prove a healing remedy against the sad breaches of this shattered kingdome ; and prevent those other mischiefs , which the obstinacy of injudicious and self-willed persons will inevitably bring upon themselves and us . and if convincing reason may bear the sway in this perverse age , wherein every man would make his petty private designs to be his law , rather than common equity , or the establish'd law of the nation , he doubts not of the desired success he aims at , with gods blessing , in this ensuing discourse . that the safety and happiness of this kingdom lies in parliaments rightly constituted , and in the preservation of their just and lawful priviledges , i suppose there are none , of what different judgements soever in other things , who are subjects of this nation , and of sober principles , but will re●dily grant it . and if so , the contrary thereunto will then without doubt as easily be concluded . which maxime being yielded in reference to other parliaments ; it must by proportion hold as true in relation to the long parliament call'd by the late king charles the first , of blessed memory in the year . whose being and legal authority is still so visibly existent by vertue of the forementioned act ; that when the subjects of this nation have seriously considered of it , they will doubtless see they have no reason to hold themselves safe in their lives , liberties , and estates , till it have made provision in that behalf , and it be legally dissolved according to the tenour of the said act by act of parliament for that purpose . and therefore , being that so great a dissecurity to the subjects , and the peace of the kingdom is incumbent hereupon ( as who doth not evidently perceive it , in case that parliament is yet in its legal force and being ) how much doth it concern every subject of this nation to be groundedly satisfied in this particular , by a solid answering of those objections that seem to militate against the verity of this assertion : that mens minds may be setled , together with the peace of the nation upon a sure foundation of law and righteousnes ; and we may not , like the waves of the sea , be still fluctuating too and fro in doubts and uncertainties by the divers winds of mens contrary judgements and opinions , to the continual hazard of our dearest concernments . to evidence the still legal being of that foresaid parliament , the act speaks sufficiently for it self in plain and express tearms : yet to make it more clear , these following arguments , from the act it self and the title of it , do more apparently evince it . . to begin with the title : which is , an act to prevent inconveniencies that may happen by the untimely adjourning , proroguing , or dissolving of this present parliament : which inconveniencies are specified in the following preamble of the said act , whereof chiefly one is this . lest credit should not be obtained for raising of monies for relief of his majesties army , and people in the north , and for supply of other his majesties present and urgent occasions through the continued fears of the subjects , lest the parliament may be adjourned , prorogued , or dissolved , before sufficient provision be made for repayment of the said monies to be raised . in which words there are two things principally to be considered in reference to the intent and meaning of this act , why it was made . first , for the obtaining of credit , in order to the raising of considerable sums of money for supply of the kings , and kingdoms great necessities : which could never have been done , ( as by the act it self is supposed ) had not this act been made : it being the only ground and foundation of encouragement for the credit which was to be given in order to the raising of the said monies ; and did accordingly effect it . secondly , the parliament could not without this be in any secure condition to make provision for the repayment of the said money so to be raised , in regard that through defect of such an act , the parliament might be in continual danger to be untimely dissolved , ( and by the clear scope of the act , 't is accounted an untimely dissolution , if dissolved before the said provision be made ) therefore the dissolution of the said parliament before such provision made for repayment of the said monies , which is not yet done , is expresly contrary to the true meaning and intention of this act. and if this act were made purposely to prevent the untimely dissolution of the parliament , ( as it stands express in the title ) then it cannot but have respect to the kings death , as well as to any other means of untimely dissolution : the parliament well knowing the kings life was as uncertain , yea , in some respects more uncertain than the life of other men : and therefore could not choose but so understand it , if they intended this act to be any security for the monies borrowed , or to be borrowed upon their credit . secondly . in the substance and body of the act 't is delivered in express terms , that this present parliament shall not be dissolved , but by an act of parliament . whence it follows , that if not dissolvable , unless by an act of parliament , then it is exclusive to all other waies and means of dissolution ( as the interruption by armed violence , the forcible omission of daies of adjournment , the violent , or natural death of the king ) or whatsoever else might be done or have happened legally to dissolve it , had not this act been made or constituted . thirdly , and lastly , to make all clear , without any exception , in the close of the said act it is expressed , that all , and every thing , and things , whatsoever done , or to be done , for the adjourning , proroguing , or dissolving of this present parliament , contrary to this act , shall be utterly void and of none effect . which clause you see looks backward , and forwards in reference to whatsoever had a legal power and tendency before this act to dissolve the parliament . against which this act hath now fully provided , that neither what hath been done for the time past , nor whatsoever shall be done for time to come , shall dissolve this parliament , excepting an act of the said parliament . whence i argue , that all those things that otherwise legally would or might have dissolved this parliament , had not this act been made , have no force or efficacy to dissolve this , but only an act of this present parliament . all other parliaments having no legal capacity till this be legally dissolved : unless it be granted that two parliaments may have both of them legal capacity at one and the same time . which i beleeve there are none so absurd as to aver ; no more , then that two kings may have a legal capacity at one time in the same kingdom . but because there are divers objections , that seem to oppose the premises , and the legal being and capacity of the said parliament , i shall endeavour to answer them as strongly , and yet as briefly as i may to every ordinary readers understanding . the first , and grand objection of all is the death of the late king that summoned this parliament in the year . and is argued by mr. wil. prin. because , saith he , it hath been frequently resolved by parliaments themselves , the reverend judges , and our law books , by king charles his own declaration , and his judges , and council , that the deposition and death of the king doth actually dissolve the parliament , &c. to which i answer by way of concession , that the death of the king doth legally , or according to custome , dissolve a parliament that is only call'd and constituted by the kings writ ; but not a parliament constituted and confirmed by an act of the three estates . let mr. prin , or any other lawyer shew me any law or president to that purpose , and i will presently yield the cause . if mr. prin would have spoken home to this case , he should have made it appear where , or when it had been resolved by parliament , the judges , and our law books , &c. that in case of an act of parliament made for the session , and continuance of a parliament , till they should dissolve themselves by an act , that such a parliament hath been , or shall nevertheless be dissolved by the kings death , which it is believed he will find a very hard task to prove . secondly , he objects , the parliament is no standing court , sitting at certain seasons by positive laws , but summoned and constituted by the kings writ of summons , and royal prerogative , when , and where he pleaseth , and adjourned , prorogued , and dissolved by his writ alone in point of law , &c. i answer again , by way of concession ; that parliaments , according to their wonted and by-past customes , were no certain courts , sitting at certain seasons by positive laws . but yet may be made such by act of the three estates . witness the triennial parliament . and further , by an extraordinary grant of his late majesty , this parliament was made a standing court to sit constantly by a positive law , till they should please to dissolve themselves . he having been pleased by the said grant , for the better security of his subjects , to wave his royal prerogative and power of dissolution ; and to give his consent for the nulling of all other means tending thereunto . and for what mr. prin intimates further in the said objection : that because all writs of summons are actually abated by the kings death , as well as all other commissions , and patents of all judges , justices , &c. that therefore this parliament must needs be dissolved . i answer : that doth not at all follow , till he can make it appear , that there is no more validity in an act of parliament of the three estates , than there is in a meer writ of summons , or a commission or patent granted only by the king : for though this parliament was summoned by the king writ , yet 't is manifest , its continuance and confirmation did not at all depend upon that ( for then he might still have dissolved it when he ple●sed ) but upon the act of the three estates , who had established it by law , and so was now no more dissolvable by the kings death than any other statute law , or act of parliament whatsoever . and therefore is not depending on so fickle a thing as a writ of summons , or a patent , or commission given the judges , and which the king may take away and repeal again at his own pleasure . and to illustrate this more by an instance , i shall desire to aske mr. prin this question . put case that there are certain urgent necessities ( as before specified in the act ) that the parliament hath of great sums of money for preserving the peace of the kingdome . this money they must take-up upon their credits : but they see no waies how to raise , or repay it , unless their session be continued for seven years . therefore to get credit for raising the said money , and time to reimburse , or give security to the lenders , they obtain the kings consent to an act for their continuance during the said term ( with this proviso inserted ) though the king by any accident should happen to die before the said security were given , or the moneys paid . whether doth the parliament in this case continue in force and efficacy after the kings death , or is it then actually dissolved ? if mr. prin grant it a parliament in force after the kings death upon this consideration ( as i conceive he cannot deny it ) then 't is apparent , that 't is not the kings death barely that doth of it self dissolve a parliament , viz. i say , a parliament stablished by a law : and consequently then not this parliament , the reasonbeing alike for the one as for the other . but if he shall aver , ( which to me is incredible ) that notwithstanding such an act , yet by the kings death 't is legally dissolved . then it will necessarily follow , that parliament security ( which was ever lookt upon till now as inviolable ) is most dangerous , and of all others least to be trusted , and the subjects had need be warned to take heed of it ; seeing it must wholly depend upon so uncertain a thing as the kings life ; which as it throws no small dishonour upon that high court , so it will be no little prejudice to publike emergencies . for if the king die half a year after the moneys borrowed , and before the security be given ( and he hath no surer or longer a lease of his life than other men ) all the said moneys must absolutely be lost , and so the subjects defrauded : no future parliament being bound to make good the acts and deeds of a former , further than they will or please themselves : and it is to be wishe , that the kingdom may not now too sadly have experience of it . thirdly , mr. prin objects , the kings name in which the writs for election are issued forth : that because they go out in the name of the king raigning , and so calls the persons elected to advise with him personally ; and the parliament to be conven'd is call'd his parliament , and is 〈…〉 cons 〈…〉 of the arduous businesses of the kingdom concerning him &c. therefore when the king dies who call'd the parliament to advise and consult with himself , the parliament must necessarily be dissolved , unless they could be supposed to consult and advise with him of the weighty affairs of his kingdom after his decease . to this i answer first , that though the writs of summons run , to consult with the king personally or by name , yet they say not , to consult with him only , and so are not so exclusive ( having respect to the reason and equity of the law ) but that the same parliament may also consult with his successor , of the peace and safety of the kingdom do require : granting this maxime to be undeniably true , that the safety of the people is the supream law. and though the parliament summoned by the kings writs be called his parliament , yet his death doth no more vacate it ( being established by law ) than it doth other laws by the same king made , which are most properly call'd his laws , because enacted with his personal consent : and yet we know that they are not so his , but that they are also the laws of his successors , and are so commonly call'd . besides , by con●ituting the parliament to dure till they dissolve themselves by an : act , the king virtually waved the authority of his writs of summons , in which writs the parliament is exprest to be called to consult with him by name : no such thing being in the least said or exprest in the act by which this parliament is now confirmed to continue , &c. therefore it matters not , neither is it at all to the purpose in this case , how , or in what name the writs of summons , whereby this parliament was first called , were issued forth : forasmuch as this parliament consists no longer by any authority derivative from those writs , ( that foundation being wholly taken away ) but only by act of the three estates , as is evident in that the king could not now dissolve it by his personal authority any more . and if his personal authority , he being living ( which is affirmative ) could not dissolve it ; then his death , which is but negative , or a cessation of the influence of his personal authority , can much less do it . and farther , by way of interrogation i would ask mr. prin , whether he will grant any more priviledge ( in the case of the kings death ) to a parliament stablished by a law , then he will do to a parliament only call'd and constituted by the kings writs , ( between which he cannot surely but say there is a very wide difference . ) and if he yields the priviledge doth excel ( as he must needs ) on the side of that parliament that is established by a law : in what sence can he conceive it to be , as the case here put , unless by the duration of its authority after the kings death who call'd it : of which priviledge the parliament only constituted by the kings wrics comes fhort , and failes , as before acknowledged , by the kings death . and i would fain know what reason there is , that a strained exposition of a statute law as this is ( that this parliament should be dissolved by the kings death ) should take place against the express litteral sence of it , which is , ( that it shall not be dissolved , but by an act : ) when as the strained sence also is evidently dangerous , unsafe , and prejudicial to the publike , but the litteral exceeding beneficial . the calling of parliaments , in this or that kings name , to consult or advise with this or that king , these are but circumstantial things , and done for orders sake , and nothing of the substantials and essence of the government and kingdoms welfare . and therefore if parliaments , call'd in this or that kings name , to advise with this or that king , should continue in force ( though there were no act for it ) after this or that kings death , there were no danger or inconvenience in it ( how much less when an act , as now , implicitely passed to that purpose ) but rather the contrary . they may consult with as much safety and advantage to the kingdom with the successor , as they did with the deceased king. but to dissolve parliaments rashly and untimely may throw a well-setled kingdom into very great and hazardous difficulties : and how sad a thing were it , and how contrary to the general rule of the peoples safety ( which in the government of a nation ought to be valued before any thing , and is the end of government ) if for circumstances the general welfare and peace of the kingdom must be hazarded . fourthly , as to what m. prin objects concerning a man by his will or deed , or the king by his commission , or the parliament by special act and order authorizing and impowring any three persons joyntly to sell land , give livery and seisin , execute any commission , &c. and that in case any of them die , the two survivers joyntly , or severally can do nothing ; because their authority and trust was joynt and not several , &c. applying this to the parliament , which being ( as he now expresseth it ) a corporation compacted joyntly of the king , lords , and commons house , and three estates , that therefore the death of the king necessarily dissolves it notwithstanding this act. i answer , this doth no more prove it than any of his former arguments . for this similitude doth not hold proportion , nor come up to our present case . for we have not here to do with one estate or more that hath absolute power in it self ( and intends to execute it ) to constitute other persons for any office or trust , as a single person , &c. that makes a will or deed doth constitute three or more persons in trust for the execution of his will or deed , whose joynt power being exprest in the said will or deed , it necessarily failes upon the death of any one of them , because joyntly and not severally intrusted . but with a parliament , who have voluntarily engaged themselves upon a trust and credit received from the people for their security , with the consent of the king making a law to preserve their session , and establish their own authority against all means of their untimely dissolution till they had honourably discharged their trust , and given security and satisfaction to those that gave them credit : which nothing concerns any power or authority to be given to others , whether three or more persons ( according to mr. prins instance ) to be executed joyntly , wherein a failer may be through any one of their deaths . but because there seems something still to be unanswered to this objection in reference to the conjunctive power of the parliament consisting of three estates . therefore this also is fully resolved in the following answer to what mr. prin intimates concerning the kings being a part of the parliament : who saith , that because the king is a part of the parliament : therefore if the king dies , the parliament must needs be dissolved . to which i answer , that the king is rather a part of the parliament in his politick than in his personal capacity , which is alwaies subject to death , but his politick never . with this agrees that famous lawyer sir edward cook , ( see the third part of his institutes , chapter the first ) where speaking of the high court of parliament , and of what persons it consisteth , saith in the first place , and in express words : that it consists of the kings majesty sitting there , as in his royal politick capacity , &c. and if so , then the parliament dies not in all cases when the king dies : ( and if this holds good in any case , then surely in case of an act to that purpose . ) for though his person be dead , yet his royal authority lives , as is sufficiently evident by the force and authority of all our laws till repealed by act of parliament . but besides , it may thus farther be argued clearly . the members of the two houses of parliament , though many of them die ( as oft times it comes to pass , and 't is possible they may all die by degrees before the parliament rise ) yet the parliament is not dissolved , because they are not now the very same individual persons that were chosen first by the kings writs of summons . 't is sufficient that there have been new writs issued forth from that house , or estate of parliament whereof they were members , whereby new elections , &c. have been made , and so other members returned to supply the places of the dead ones . and if this be good in the case of the two houses of parliament , &c. ( which no man that understands law , and the usage of parliaments will deny ) then it is much more good in the case of the kings majesties person : whose royal estate and authority is so evident , that it is a declared , undeniable maxime in our laws , he never dies . so that what new writs do legally for supply of the places of the dead members to continue the estate and authority of the two houses of parliament : that , and much more eminently the kings immediate succession to the crown after his fathers , or predecessors death doth do , by vertue of his royal birth-right and title of inheritance . there being this grand difference , between members of parliament dying , and the king. they so die , that their authority cannot be revived , but by new elect●ons , or writs of summons . but the king so dies , that his authority still lives by immediate succession . whence it is that the royal seat is never vacant , that there should be a failer to make good the royal actions of the predecessor . and thus the third estate in parliament always living , the joynt power still continues , and so there is no necessity the parliament should dissolve , as mr. prin affirms , due circumstances and actions being weighed , and the necessities of the kingdom well considered . fifthly , therefore by what hath been said already , mr. prins fifth and last argument must needs be out of doors , which is this , that because the end of parliaments is to enact new laws , and repeal others , &c. which cannot be done but by the kings assent : and this parliament being to be dissolved by an act , and an act being now impossible to be made by that king for the dissolution of it , he being dead ; therefore his death must needs dissolve the parliament notwithstanding this act. i answer in the negative , in no wise . for though he be dead , as aforesaid in his personal , ( which mr. prin seems to answer too weakly in his following objection ) yet not in his politick capacity . and therefore if the dead king cannot enact laws by the parliament , yet his successor can , who comes immediately to the crown after his fathers death . and as hath been shewed , 't is no waies inconvenient , but may many waies be advantageous to the publike ; that should the king chance any waies untimely to be taken away , the parliament should continue after the kings death . whose death if it should necessarily , as mr. prin affirms , dissolve the parliament ; so untimely a dissolution , as the case might stand , might prove very dangerous , and pernicious to the kingdom . besides , the act doth not limit the parliaments dissolution as lawful only , if it be done by an act of that king then living , when the act was made : but in the general it limits it to an act of parliament : that it shall not be dissolved but by an act of parliament . and why the predecessors authority and consent should not be as binding to his successor in this case , till so dissolved , as in case of any other law made with his consent , i would very gladly know a solid reason for it : being that to all intents and purposes an act for confirmation , or dissolution may be as virtual and efficacious without any prejudice by the consent and authority of the successor , as of the father . and further , the act is also herein express , that by no other way or means , but by an act of parliament , it shall be dissolved . which being it cannot be done by the dead king , but may be done by the successor , it ought so to be dissolved , or else it must and doth by vertue of this act still remain legally in full being and authority . sixthly , as to what may be objected concerning the dissolution of this parliament by an act , when the secluded members were lately admitted . the argument is so weak , that i thought wholly to have omitted the least mention of it . yet in regard it is objected by some , who seem to receive satisfaction by it , and there to acquiesce , i shall give this answer in brief to it . first , that at the best that was but an act ( so called ) of the house of commons ; and so consequently far short of the authority of an act of parliament , or any legal pretence of it : which only consists of king , lords , and commons . and therefore by any such appellative act , this parliament can no waies be dissolvable . and further , the utmost authority that the house of commons hath given them by the foresaid act ( for the continuation of this parliament till they dissolve themselves by an act ) is but to adjourn themselves by an order of their own house , as is express in the said act. by which 't is evident , they have no power to dissolve themselves ; much less , by any act they can do to dissolve the parliament . and here it is worth the observing , ( before i pass over this act of the house of commons , whereby it was endeavoured to dissolve the parliament ) that in their judgements and consciences there was need of an act to dissolve the parliament : and therefore by this act of theirs they did implicitly grant , that before the passing of the said act the parliament was not then dissolved : ( and so consequently did acknowledge it not to be dissolved by the kings death , which happened many years before , ) and if not dissolved by the kings death : then much less by the said act of the house of commons , ( which carries not the least shadow of legal authority with it , as aforesaid , for the dissolution of it ) and therefore by the judgement of the said house , rightly understood , 't is still legally in force and being . but because some do object , that in regard the lords spiritual ( to wit ) the bishops , were oured the house of peers before the passing this act for continuation of the parliament , whereby their votes and consents were never had in the case , that therefore it was an illegal act , and so fell void in it se●f . i answer briefly , that the abbots and priors ( . in number , who were formerly lords of parliament , and held per baroniam from the king , and had their seats and votes in the house of peers as well as the temporal lords ) were dissolved in the reign of king henry the th . and yet all parliaments since , with all their acts , have been held for legal and authentick without the least question or contradiction of their authority , and therefore is as little to be scrupled here in our present case , which is the same ; the bishops priviledge and right to sit in parliament being also null and made void , as well as theirs by act of parliament . whereunto much more might here be said to this purpose , but that i would not be tedious . seventhly , i have but one word more , which answers most fully and unquestionably all mr. prins objections at once , or what else may be said for the dissolution of this parliament by the kings death . and that is taken from the supream legislative authority under god , that the three estates , viz. king , lords , and commons , legally called , have over all persons and causes in the whole nation : by vertue whereof they have power to do the highest actions the nation is capable of , though it be even to the dismembring of the parliament it self , and dissolving a considerable part of it , or altering any other fundamental constitutions they please , so they see it necessary for the publike good ( as particularly in the case of the bishops , call'd the spiritual lords , and by some affirmed to be the third estate in parliament , who nevertheless have been excluded by an act of the king , lords , and commons , from their ancient right of sitting and voting in parliament , when in their wisdoms their session there appeared hurtful to church and state , ) for who may question or controul the actions of a lawful parliament , while none in the kingdom can so much as pretend to be above them . and if their authority be of so large an extent , even in matters of greatest weight and moment : then much more in things of far inferiour , and much less concernment , as is the confirmation of a parliament to continue after the kings death who call'd it , if the three estates shall see good to pass an act , as now they have done to that purpose , ( implicitely , though not in express terms ) the king hapning to die before it hath been dissolved by an act of parliament , as by the three estates hath been firmly enacted , it should be so dissolved , and no otherwise . by this time it may be hoped the legal being and authority of the long parliament is sufficiently evident ; the truth whereof being so clearly proved both by law and reason , how much doth it unfold to us the sad and dangerous estate of the kingdom , whilest under the constitution of such powers as neither in estate , liberty , or life , ( though otherwise of good inclinations to the publick ) can give the nation any legal security . for though many excellent things have been done by the singular wisdome of this present parliament , now sitting , that are of special tendency in themselves for the good and safety of the nation through his majesties most gracious condiscention , for which we have infinite cause to bless god ; yet herein the great unhappiness ; that whilest their authority is not legally founded , the nation can promise themselves no assurance for the lasting enjoyment of those benefits and securities they have given it , being , 't is to be feared , and too justly , they fall void of themselves by vertue of the said parliaments illegal policy and constitution . therefore how much were it to be wished , that the supream legislative authority of the nation might again revert into that channel by which the peace and settlement of the nation , through his majesties most gracious influence , might durably , and without question , be provided for , and preserved . in reference to which i shall humbly take the boldness to offer it as a weighty and serious consideration to this present parliament now sitting , whether they should not do well ( for their own safety as well as the nations ) to advise his majesty in this particular ; ( they only having the priviledge and opportunity now effectually to do it ) their case in point of safety or danger being the same with the rest of the peoples , when once they shall come to be dissolved . but now here , because the fears and scruples which at first apprehension are apt to arise in the hearts of the generality of the kingdom , may seem a great obstruction in prudence against the return of that parliament to sit again , in reference to the danger of perpetuating of it , who therefore may be ready to say , by so doing me may inslave king and kingdom to such a yoak of bondage as we may never be able to break off our own necks , or the necks of our posterity any more . i shall give hereunto this closing answer ; that the scruple is very rational ; and though such a thing there is a possibility they might do or attempt , ( though very improbably effect ) if they should so wickedly abuse their trust ; yet those fears will soon be removed from wise and discreet persons , if we do but seriously consider , that the far greater number of the members surviving are of the secluded party , who were thrust and forced out of the house for their loyalty to the king : or of those that withdrew themselves upon the offence given by occasion of the armies violence against king & parliament ; and have been the chief instruments of his present majesties happy restoration . and therefore , being persons so qualified , we may easily believe they will not be very willing to draw such an odium upon their unstained credits , as will inevitably follow , besides the further mischiefs will be apt to ensue to themselves , and the nation by renewed discontents ) should they go about to ingross the authority of the nation any longer in their own hands than will be necessary for publick safety with his present majesties approbation ? who for further security against those fears may easily summon them together by his proclamation to whitehall , or where else he pleaseth , before their session again in parliament , and there receive their personal promise , and ingagement to confirm the acts of this present parliament , and to prepare a bill the first thing they do at a certain time to be agreed on betwixt his majesty and them to dissolve themselves , and for his majesties issuing out writs for the summoning of a new parliament , that so things may sweetly return again without violence or injury done either to his majesties prerogative , or his peoples liberties into a regular and legal way of proceeding to the general security and satisfaction of the whole . postscript . because there are great and general dissatisfactions concerning this present parliament , so call'd , now sitting , in question of its legal right and authority , , ( being the authors design is nothing else but the peace and security of his native country , ) and a thorow healing of our wounds and breaches ) he humbly desires further to offer these few following particulars to the grave and serious consideration of those that are more learned in the laws , in hopes that some eminent person of that profession will give a solid and judicious resolution to them . first , sir edward cook in the third part of his institutes , writing of the high court of parliament , and of what persons that court consists , speaking of the temporal lords , as dukes , marquesses , earls , viscounts , and barons , who sit there by reason of their dignities which they hold by descent or creation , saith , that every one of these being of full age ought to have a writ of summons ex debito iustitia . where note , two things are required to the legality of their session in parliament . first , that they be of full age. and if that be a quallification leg●lly required of peers ( for it will easily be granted to be most absurd and unjust , that they that have not power by law ( as all infants under age have not ) o dispose of any part of their own estates , or to make one legal act to that purpose ) that such should have a share in the supream power to judge , vote , and dispose of the estate & authority of the whole kingdom . ) i say then by rule of proportion , that it is a qualification as necessarily required of the commons upon the said consideration . and it were happy for this nation therefore that it were better looked after for the future , that so those mischiefs may be prevented which too often ensue to the publick by bringing such green heads into so wise and grave a councel . secondly , 't is required to their legal session in parliament , that the said lords have writs of summons ; which these now sitting in this present parliament never had . next , the said sir edward cook in the forecited place saith , that the commons , which he calls there the third estate of the realm , consisting of knights of shires for counties , citizens of cities , and burgesses of burroughs , they all are respectively to be elected by the shires or counties , cities and burroughs , by force of the kings writ ex debito iustitia . but the commons of this present parliament were not so chosen ; but by force of a writ in the name of the keepers of the liberties of england . thirdly , he saith , that at the return of the writs the parliament cannot begin but by the royal presence of the king ; ei●her in person , or by representation . by representation two waies : either by a guardian of england by letters patents under the great seal , when the king is in remote parts out of the realm . or by commission under the great seal of england to certain lords of parliament , representing the person of the king , he being within the realm in respect of some infirmity , see sir edward cook in his third part of institutes of the high court of parliament concerning the beginnings of parliaments , page . ) but this parliament began without the royal presence of the king either in person or by representation . fourthly , that the substance of the writs of summons must continue in their original essence without any alteration or addition , unless it be by act of parliament . ( see the same sir edward cook in his third part of institutes of the high court of parliament concerning writs of summons of parliament , page . ) but how great an alteration and addition to the substance of the writs of summons is this , to issue them forth in the name of the keepers of the liberties of england without the least authority of parliament , which by the express statute ought only to be issued forth in the name of the king. and therefore if there be any weight in mr. prins foresaid argument to null a parliament because of the kings death who call'd it , in regard the writs of summons were issued forth in the name of that king deceased , with whom by name the members of parliament were call'd to consult and advise , but now cannot : it will , i conceive , be no hard question to resolve , ( and it were good mr. prin would undertake it without partiality , or affection ) whether the parliament doth not ipso facto fall void , and all the acts of it , further than they shall be confirmed by a lawful parliament , which is not call'd by any writs of the kings at all : but only by writs , as aforesaid , in the name of the keepers of the liberties of england , ( and by those writs , none but the commons ) with whom they are summoned to consult too about the businesses of a common-wealth , ( which these times have sufficiently taught us the meaning of ) and not with the king about the arduous businesses of his kingdom . these premised illegalities considered , in reference to this present parliament ( the legal being and capacity , as premised , of the long parliament being supposed to be here totally waved ) whether is this a lawful parliament , and capable to make legal and binding acts ? or having been declared a lawful parliament by an act by themselves made since their session with the kings consent , whether can the kings consent make them such , though otherwise unlawful in their call , principle , and foundation ? for i would put the case the king should have come in while oliver , or richards parliaments had been sitting , ( to which the lords , as now , should have presented themselves without writs of summons ) and his majesty , under that constitution , should have consented to a bill to grant them a lawful parliament : would that at all have made them so , under such a constitution ? can that which is unlawful in it self , and contrary to the fundamental constitutions of the nation be made lawful barely by the kings consent ? which if it shall be pleaded in the affirmative ( though i very much question whether any understanding lawyer will venture his reputation on it ) i shall desire then to be instructed in a better argument to make good the lawful being and authority of the long parliament . for surely , if a parliament be lawful meerly because of the kings consent , passing an act to that purpose , though otherwise utterly unlawful in its call and foundation : then doubtless that parliament is much more lawful , and in its legal being that was founded upon a lawful call , and had the kings consent to an act to authorize it to continue till they dissolve themselves by an act. and if that be still a lawful parliament , then i am sure upon that account this can be none , nor no other , till that be legally dissolved . to which there is this further to be added concerning the intentions generally of the whole nation in reference to this parl. by the best information i can gather : that it was never in the least meant that these should sit to pass acts as a lawful parl. ( w ch was only like to prove a snare to the people as other parl. of the like nature , so call'd , have done through the disputableness & unwarrantableness of their authority . ) but only , that for the present necessity they might bear the face of parliamentary authority for preserving the peace of the nation till his royal majesty , that now is , might be happily restored , ( the kingdom panting after him as their only means of settlement ) and so soon as that was effected then to dissolve in order to the sending forth his majesties royal writs of summons for calling a parliament according to the ancient custome and fundamental constitution , ( the old parliament being first legally dissolved ) that so all things might return again into a legal and uncontrovertible way of proceedings , to the quiet of all mens minds , and satisfaction of the whole kingdom , who are sufficiently weary of the mischiefs of irregular actings by illegal authorities . conclusion . if the power of the sword , or other arbitrary proceedings do not interpose to interrupt free debates , and the course of law and justice : which the author hopes there is now no cause to fear as formerly ( all estates and degrees in the nation having sufficiently seen the inconvenience , and tasted the smart of such unrighteous actings ) he doubts not ( upon a serious consideration of the foregoing arguments , if men will lay aside passion and self interest ) but that right foundations will shortly again be restored , that knowing our ground-work to be sure and unquestionable ; the subjects of all sorts in the kingdom may with all safety and cheerfulness submit too , and act under the lawful powers in being , every one sitting in peace under his own vine and fig-tree , blessing the god of his salvation : which is daily the authors earnest and most hearty prayer . finis . notes, typically marginal, from the original text notes for div a -e see his true and perfect narrative of what was done and spoken by and between mr. prin and the old , and newly forcibly secluded members , beginning fol. . and so forwards , printed in the year . see sir edw. cook in his third part of instit of the high court of parliament , how the lords give their voyces , pa . see sir edw. cook the third part of his institutes of the h●gh court of parl. of the power and jurisdict . of the parl. fol. . who saith , that the power and jurisdiction of the parl. for making of laws , in proceeding by bill , is so transcendent and absolute , as it cannot be confined either for causes or persons within any bounds , &c. vide postscript a plea for defensive armes, or, a copy of a letter written by mr. stephen marshall to a friend of his in the city, for the necessary vindication of himself and his ministerie, against that altogether groundlesse, most unjust and ungodly aspersion cast upon him by certain malignants in the city, and lately printed at oxford, in their mendacium aulicum, otherwise called, mercurius aulicus, and sent abroad into other nations to his perpetual infamie in which letter the accusation is fully answered, and together with that, the lawfulnesse of the parliaments taking up defensive arms is briefly and learnedly asserted and demonstrated, texts of scripture cleared, all objections to the contrary answered, to the full satisfaction of all those that desire to have their consciences informed in this great controversie. plea for defensive armes marshall, stephen, ?- . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing m ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing m estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a plea for defensive armes, or, a copy of a letter written by mr. stephen marshall to a friend of his in the city, for the necessary vindication of himself and his ministerie, against that altogether groundlesse, most unjust and ungodly aspersion cast upon him by certain malignants in the city, and lately printed at oxford, in their mendacium aulicum, otherwise called, mercurius aulicus, and sent abroad into other nations to his perpetual infamie in which letter the accusation is fully answered, and together with that, the lawfulnesse of the parliaments taking up defensive arms is briefly and learnedly asserted and demonstrated, texts of scripture cleared, all objections to the contrary answered, to the full satisfaction of all those that desire to have their consciences informed in this great controversie. plea for defensive armes marshall, stephen, ?- . [ ], p. printed for samuel gellibrand ..., london : . another edition has title: a copy of a letter. reproduction of original in huntington library. eng great britain -- politics and government -- - . great britain -- history -- puritan revolution, - . a r (wing m ). civilwar no a plea for defensive armes: or, a copy of a letter written by mr stephen marshall to a friend of his in the city, for the necessary vindicat marshall, stephen c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - john latta sampled and proofread - john latta text and markup reviewed and edited - pfs batch review (qc) and xml conversion a plea for defensive armes : or , a copy of a letter written by mr stephen marshall to a friend of his in the city , for the necessary vindication of himself and his ministerie , against that altogether groundlesse , most unjust , and ungodly aspersion cast upon him by certain malignants in the city , and lately printed at oxford , in their mendacium aulicum , otherwise called , mercurius aulicus , and sent abroad into other nations to his perpetual infamie . in which letter the accusation is fully answered . and together with that , the lawfulnesse of the parliaments taking up defensive arms is briefly and learnedly asserted and demonstrated , texts of scripture cleared , all objections to the contrary answered , to the full satisfaction of all those that desire to have their consciences informed in this great controversie . hosea . , , . . hear the word of the lord , ye children of israel , for the lord hath a controversie with the inhabitants of the land , because there is no truth , nor mercy , nor knowledge of god in the land . . by swearing , and lying , and killing , and stealing , and whoring , they break out , and bloud toucheth bloud . . therefore shall the land mourn , &c. london , printed for samuel gellibrand , at the brazen serpent in pauls church-yard . . sir , your letters brought not the first tidings of the continuance and encrease of those strange reports concerning me , they filled the city even while i was there , and i perceive , pursue mee into the countrey : it is a lying spirit which god hath permitted to haunt me for my triall , as it hath done others of his servants before me . you know what a book bolsec wrote of the life and death of m. calvin : beza lived to write a confutation of a book written of his renouncing his religion , and turning papist . and concerning luther , the priests had long reported , that he had his call from the devill ; and to confirm it , filled italy with a rumour of his death , and that at his death he was carried away by the devill soul and body : which they ( good soules ) divulged not to discredite the man , but in gloriam iesu christi , to the glory of christ , and comfort of the godly . the like usage my self have lately met with in some degree : for being afflicted with a deep cold and distillation from my head upon my lungs , and some feverish distempers , my learned , loving , and carefull physitian , finding that the too importune visits of my many loving friends , occasioned too much speech , and thereby too much expence of spirits , advised me to remove to the house of my noble lord of warwick , where i should have more ayre , and lesse company : hereupon a report was immediatly spread about the city , that i was distracted , and in my rage constantly cried out , i was damned for appearing in , and adhering to the parliament and kingdome in this defensive warre : which when i first heard , i looked upon as a calumnie invented by some simple adversary ( though malicious enough to my person and ministery ) who finding it the readiest way to reproach me , betook himself to this . but afterwards observing how studiously it was maintained , how laboriously propagated , how banded from court to city , from city to countrey , from england to forraign parts , mercurius aulicus printed it , and a great officer of state having sent it into other kingdomes with his letters , assuring the truth of it , and that not nine dayes , no not a month did allay it , i then perceived the plot was not so much to disgrace me , ( for alas who am i , that they should trouble themselves so much about me ) but through me to wound the cause , in which my poore labours have been engaged . this rumour it seemes yet lives , and ( as your letter confirmes ) encreases ; from my going down into the countrey they have taken occasion not only to report me distracted , but dead ; yea that i died crying out of my appearing in this cause ; and this is so confidently reported by some , that it is almost as confidently beleeved by others ; even thousands , you say , which makes you earnestly to presse me to write unto you , whether i have not ( at least ) changed my former judgement about our defensive armes , and this not ( as you professed ) to satisfie your self , but that you might have something under my own hand to shew for the satisfaction of others . sir , your ancient love to me , and present desires to vindicate me from these aspersions , but especially your care that the publick cause might not suffer , do all command me to be your servant in this thing . i know it will satisfie you , that i solemnly protest unto you , that in all these fourteen weeks keeping in , i never had an houres sicknesse , nor lost a nights sleep , nor had any distemper in my head , nor saw any cause of sorrow for my adhering to the parliaments cause , but esteem it a great honour and mercy from god , that he should move his excellency my lord , to require my service in this great expedition ; and that i have even therefore exactly followed the doctors prescriptions , out of an earnest desire to be fitted for my work , that i might returne to my most honoured lord , being fully resolved , if god say amen to it , never to give it over , untill either there be an end of that work , or an end of my dayes . this i think will satisfie you , and it is possibly as much as you desire for the satisfaction of others , to have this under my hand . take this concerning the cause , and concerning the report spread of me , what luther said ( of those above mentioned ) concerning himselfe ; fateor & testor hâc meâ manu , &c. i professe and testifie under my hand , that i entertained this fiction of my distraction and death , laetaque mente & hilari vultu , very chearfully . but since your love hath compelled me to put pen to paper , i shall compell you to read the largest letter that ever i wrote , being resolved to give you a full account both of my ground and warrant of entring upon my office , and how far i am from changing my judgement upon the present view of things . when his excellency vouchsafed to require my service ( for , god knows , i offered not my self in this great work ) there were but two questions ( besides my care to walk aright in my ministry ) for my conscience to be resolved in . first , whether upon supposall of the truth of the parliament votes , viz. that his majestie seduced by wicked councell , did levie warre against the parliament ; the scripture did warrant them to take up defensive arms . secondly , whether the parliament was not mis-informed about such his majesties purpose , and practice . the first is a meere question in divinity . viz. whether a people , especially the representative body of a state , may ( after all humble remonstrances ) defend themselves against the unlawfull violence of the supream magistrate , or his instruments , endeavouring ( and that in matters of great moment ) to deprive them of their lawfull liberties . the second is a question meerly of matter of fact . for the first , before the beginning of these unhappy differences , i had both learned , and taught to this purpose . first , that it is agreeable to gods will , that in all countreys ( especially when and where the people are numerous ) magistracie be set up , with a sufficiencie of power and authoritie to rule for the publick good ; and that , even among them who are under the scepter of christ , against the anabaptists . secondly , that among the divers kinds of lawfull governments , monarchy , aristocracy , and democracy , no one of them is so appointed of god , as to exclude the other from being a lawfull government . thirdly , that the bounds and limits of the magistrates lawfull power of commanding , and the subjects necessary obeying , must be found , and taken out of the severall laws , customes , and constitutions of those severall states , and commonwealths : there are scarce two formes ( especially of regall government , in the world ) but they differ one from the other , and that in matters of moment . now i say , what the power of magistrates in one countrey differs from the power of magistrates in another countrey , and how the duty of subjects differs in each , must be found only in the laws of the respective places : that no mans right must be detained from him , that caesar should have rendred to him the things that are caesars , and all people the things that are their own , the scripture , and laws of all nations doe determine . but whether ( for instance in england ) ship-money be the kings right , and so to be yeelded , or denyed ; whether this house or inheritance be this or the other pretenders to it , must not be determined by any law , but by the law of england ; go therefore to the lawes , and learned lawyers , and from them alone you shall learn what is the prerogative of the prince , and both the duty , and liberty of the subject . but then fourthly comes in religion , or the command of god , and binds the consciences of magistrates to rule , and of subjects to obey , according to those lawes . and fifthly ( in particular ) of subjects it requires these four things . first , to render to their governours , next under god , the greatest fear , and honour , as being gods vicegerents , as having the greatest beams of his authority put upon them , and therefore called gods , and all of them the children of the most high . secondly , loyaltie to their persons , and office , that is , obedience according to law , and patient subjection , when we cannot actively obey , willingly for conscience sake to submit to the penalty of the laws , when for conscience sake we cannot observe the laws themselves . thirdly , maintenance with payment of all lawfull customs , tributes , and impositions . fourthly , all manner of supplications , prayers , intercessions , and giving of thanks , their usefulnesse being great , their temptations many , their fall ( like that of great cedars ) the crushing of many , and the shaking of the earth round about them ; and all this we owe , nor onely to the king as supream , but in proportion to all inferiour governours , who are sent by god also for the punishment of evill doers , and for the praise of them that do well , they being all the ministers of god for our good ; and this is the first commandment with promise . but sixthly , if our governours ( whether supream , or inferiour ) leave to rule according to law ; and set up their own will contrary to law , there is no word of god acquitting them from sin in gods sight , but severely threatning them for abusing his name , which they bear ; nor any word binding the consciences of their subjects therein to yeeld them any active obedience . thus farre we have all sides agreeing in all the particulars , except only a few court flatterers , who ( and that especially of late ) have endeavoured to cry up monarchy , as the only ordinance of god , for the government of states ; as if the other forms of aristocracy , and democracy were not approved by him : yea , and have cryed up the power and authority of princes to be such , as that they are absolved from all laws ; and that whatsoever the subjects enjoy under them , is only by the princes favour , which if they please to recall , how justly or unjustly soever , the subjects are bound to yeeld all unto them , and have no plea against their prince , only in the court of heaven ; no law , no judge , no court here below , having any authority to say unto him , what dost thou : this divinity hath of late been preached ; and , as sweet enchanting musicke , often chanted in the ears of our princes : and no doubt was one great occasion of these heavie yokes we have of late groaned under . but these absurdities need no refutation . egyptian pharaoh claimed not the wealth of his people , till he had bought it . and ahab himselfe , who durst not lay claime to naboths vineyard , without purchase , or colour of confiscation , proclaims their ignorance sufficiently to the world . and among our selves , the constant proceedings of our princes , even in their most heavie illegall exactions , borrowing alwayes a colour of law , and the known laws of the land , enabling the meanest subject to maintain his propriety , even in a two-penny matter , against his soveraigne ; and the innumerable verdicts , in all courts , passing for the subject , against the king ; assure me , that unlesse god for our sins should give up our parliament and state to the vassallage which this popish army would bring it to , we shall hear no more of this divinity . the only question now is about passive obedience ; they who cry down our defensive arms , confesse that the magistrate cannot require any thing but by law , and that the subject need not yeeld up his right but by law , no tie lies upon the conscience of naboth to let ahab have his vineyard : but if a saul will by force take away our sonnes to care his ground , and our daughters to be his confectioners , cookes , and bakers ; if he will by force take our fields , even the best of them , and give them their servants , we have no help in that day , but preces & lachryma , to cry unto our god : but no liberty to defend our selves by armes against such tyrannie ; if we do ( say they ) we resist the ordinance of god , and must receive to our selves damnation . but if this opinion be weighed in the ballance of reason , how much lighter than vanity will it be found ? ; how absurd a thing is it , that these men wil allow me , if the king pretend law in any thing i may try it out with him , and not when he or his instruments come with open violence : if the king will sue me , and by pretence of law seek to take away my coat , my house , my land , i may defend these from him with all the strength of law i can ; but if he come with armed violence to take away my liberty , life , religion , i must yeeld up these without making any resistance : i may secure that , which i have nothing but lexterrae to plead my propriety in , viz. my money , which i may give away , and in the mean time my liberty , life , religion , which are mine by the laws of god and man , i may not secure with a good conscience . true it is , if in case it do ( upon circumstances duely weighed ) appear that our receding from our right , and not resisting wrong , will tend to the promoving of a greater and a more generall good , or the preventing of a greater and a more generall evill , it is agreeable to right reason , and our saviours rule , mat. . . that we should both remit of our right , and submit to wrong , whether sued or ensued , whether to superiours or inferiours , or equals . but that men should give a liberty of defence in law , and yet absolutely condemne defence against unlawfull violence , is such an {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , such an absurdity , as you shall seldome meet with . but give me leave to weigh it a little further ; if the subjects defending themselves by armes against the violence of oppressing governours and their instruments , be unlawfull , either it must be because their prince hath by conquest spoiled them of that liberty , which god and nature gave them at the first . or secondly , because they or their ancestors having submitted by covenant and consent to him to bee their supream ruler according to law , they must therefore be interpreted to have yeelded up all their liberty so far as to be now unable with a good conscience to defend themselves against his violence , though contrary to law . or thirdly , because god hath lifted up princes so far above all mortall men , that all hands are by him bound from daring to resist them . the first i finde not many pleading , that peoples being conquered , makes it unlawfull for them to defend themselves against the unjust violences of their conquerours or his successours : most of them grant , that the peoples right is to designe the person of their prince . and indeed it is the most absurd reasoning in the world , that because a strong robber hath over-powerd me in my house , in conscience i am tyed to be his servant or slave for ever . because eglon hath mightily oppressed israel for eighteen years , it is unlawfull for them to shake of● his yoke when they are able to resist him : certainly , whatever of mine another takes by violence from me , let him keep it never so long , it is but continuata injuria , a continued wrong , till i consent to his holding it ; and all reason allowes me to recover it again as soon as i can . and i fear not to say , that had william , sirnamed the conquerour , taken and held this crown only by his sword , and ruled over the nation only by force , and all his successors to this day had no other claim to it , all the reason in the world would allow us to redeem our selves from that yoke , if we were able . but though the sword begin the conquest , yet many times the consent of the people comes in , and makes their conquerour their lawfull king ; and then so far as by covenant or laws , they agree to be under him for the publike safety and good , they are bound up from any resistance . but that their parting with some of their liberty for the publike good should ( upon the usurpation of him whom they have trusted ) deprive them of that liberty which they never parted with , is most abhorring to reason . suppose a free man indents with another to be his servant in some ingenious employment , as , suppose to attend upon his person ; and expresly indents that his master shall not have power to command him to rub his horse heels , or fill his dung cart , or the like ; if now this master shall usurp , and command him to such sordid employment , and by force seek to compell him to them , some shew of reason ( at least ) there would be for the servant to plead that his master had forfeited all his power over him , and that he was free from his service , and might go seek another master ; but no colour of reason that the servant hath now forfeited that immunitie from sordid and drudgery works that he first covenanted , and must thenceforth lie at his masters feet , as wholly prostitute to all his imperious humours . secondly , can it be imagined , by reason that a people submitting to a lawfull government , should thereby be necessitated to that which may overthrow the end of all government , that is , inability to provide for their common safety . that whereas when they were free and under no government at all , they might by the law of nature defend themselves against injury : now having submitted , though upon good conditions , they are utterly disabled to defend themselves , if he that should be their protectour , would prove their murtherer : if he who both in himselfe and instruments should be onely for the punishment of evill , and the praise of them that doe well , will goe , or send , or suffer a company of theeves or murtherers to goe in his name , and spoile and destroy them that do well : can their being subjects ( in reason ) deprive them of their defence allowed them by the law of nature ? yea , were they not guilty of self-murther in suffering such a thing ? for instance , some of our historians relate of king john , that hee was transported with so deep a hatred against his nobles and commons , that he sent an ambassadour to miramumalin , entituled the great king of africa , morocco , and spain , wherein he offered to render unto him his kingdome , and to hold the same from him by tribute as his soveraigne lord , to forgoe the christian faith ( which he held vaine ) and receive that of mahomet ; like enough some court chaplain ( may be the clerk that went on the errand ) might warrantize the kings conscience , and tell him , that it was the more shame for them who profest the christian religion , to compell him to it . but whether the king did lawfully or not , is not our question ; but whether the subjects might lawfully have resisted that attempt of his , and have stood for their religion , lives , and liberty . thirdly , is it not quite contrary to reason , that whereas kings and rulers , nothing differing by nature from their meanest subjects , were at first constituted , and are still continued for the protection , welfare , benefit , yea and service of the people ; and who therefore should value their prerogatives , scepters , and lives , no further then they may advance the publick good ; yet if they degenerate , and will be destroyers , the people should suffer all to be spoiled , as if kingdomes and people had been created by god for the will , pleasure , profit , yea and lusts of princes . as if a pilot purposely appointed for the safe wafting over of passengers , who in stead thereof will dash the ship against the rocks : or a generall purposely chosen ( and to whom the souldiers have therefore sworne ) for the safetie of the whole army , should yet turn the cannon mouth upon his own souldiers , or deliver them all up into the hands of the enemy : the passengers and souldiers , yea , the officers in the ship , and councell of war in the army , should be morally disabled from doing any thing to prevent their own apparent destruction . by this reason the bishop of burgen in the councel of basil proved the councel to be above the pope , and a kingdome above the king , and said they were but flatterers who taught otherwise . and fourthly , doth not right reason as much abhor this , that whereas princes are the publick fathers , and the people owe them the duty of children , that these children should be prohibited from keeping their publick fathers from the greatest evils : if our naturall father through ignorance or distemper should go into a pest-house , his children might by force fetch him out ; or if in a raging passion go about to kill himself , wife , children , or any others , their children may disarm them , yea we are tied not to suffer friend or foe to incurre the guilt of rapine or blood , if it lie in our power to hinder it ; and ( speak to my reason ) what evil have princes deserved , that if they go about to murder themselves , subjects and children , not any of their people , no not the whole body politick should have power to restrain them . and if reason will allow this liberty of resistance to private persons ( as even barclay and grotius the two great propugners of the sacred and inviolable power of kings , grant ) how much more clear , honourable , and safe must such a defence needs be , when done by the representative body of a state , who are gods ordinance as well as kings , the ministers of god sent by him to be a terrour to evill , and a praise to them that do well . and in england are the highest court of judicature , and in whom his majesty confesses there is legally placed sufficient power to prevent tyranny . upon such reasons as these , not only heathens have resisted their princes , when bent to subvert their laws and liberties ; but even most of the states of christendome , papists and protestants when they have been put to it , have borne defensive armes against the unlawfull violences of their mis-led princes . but now if notwithstanding all this faire shew of reason gods word hath determined the contrary , we must lay our hands upon our mouths , and shall no longer deserve to be accounted the servants and subjects of christ , then while we turne our reason ( how specious soever ) out of doores , when once it offers to oppose the least iota of his revealed will . but where is this scripture to be found ? certainly the good subjects in the old testament knew it not . sauls subjects who swore that saul should not kill jonathan , nor pluck an haire from his head , though saul had sworn by god he should die , knew no such scripture : and i beleeve , that if the same men had bin about him when he protested the priests of the lord should die , they would not only have with-held their own , but doegs hands from doing execution . david knew no such scripture ; nor the men with him , that would have fortified keilah against saul . nor those many choice men of the severall tribes of israel , among whom were some of sauls brethren and kindred and chief officers , that fell to david ( though saul had proclaimed him traitor ) from day to day to help him , till it was a great host like the host of god : and all this while david was ( though an innocent , yet ) but a private man . and i think if elias had took himself bound in conscience to render himself prisoner to the captains which ahaziah sent for him , he would not have killed them with fire from heaven : neither would elisha have taken such a rough course with the messengers sent to take his head . nor would the eighty valiant priests have thrust uzziah by force out of the temple , who was a king still , though a leper . neither can these examples be eluded with saying these were extraordinary persons ; for first they were not all so , not the people that resisted saul , nor the people that fell to david , nor the eighty priests , unlesse in the extraordinarinesse and valiancy of their spirits : and for the extraordinary persons themselves , i know nothing why their examples may not be pleaded , for our defensive armes , as well as davids eating the shewbread was pleaded by our saviour for his disciples rubbing the ears of corn , unlesse they can first shew , that their practice was against a known law , i mean , unlesse there were some known law that innocents might not defend themselves , and one another against the unjust violence of their princes . indeed we often read in the old testament of fearing the king , honouring the king , obeying the king , which their practice shews they understood to binde them to yeeld honour , loyaltie , obedience , and subjection to their magistrates according to law ; but not that they were bound to let them doe what mischief they pleased neither is there any more in the new testament ; there indeed are full and frequent exhortations to submit our selves to magistrates , to be subject to the higher powers which are ordained of god , & not to resist the ordinance of god ; but not one word that we may not resist the tyrannie of men , no colour for it , unlesse any wil say that tyranny is gods ordinance , that tyrants bear the sword for the punishment of evil doers , are the ministers of god , &c. full proof there is that we must be under the authority of rulers , that is , under their legall commands ; not one word of being at the dispose of their illegall wills : the word used there is {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , derived ab {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} licet , to shew , as one observes , that the text bindes subjects to obey superiours not ad libitum , but ad licitum , not to obey their lawlesse lusts & wils , but their lawfull authority , without resisting . and surely it were strange , that if god had laid this yoke of subjection to the illegall will of rulers , that neither the jews under their kings , nor under antiochus , nor the churches of christ , nor the primitive churches after once their religion and liberties were established by laws , nor any of the reformed churches have took themselves concluded under it : which of all the reformed churches have not by their practice manifested , that religion bindes them not to give their throats to be cut , or their liberties and states to be spoiled at the meer will of their princes and their instruments , contrary to their own laws and edicts ? were not the lutheran churches put to it , and defended themselves against the emperour charles the fifth , when the smalchaldian confederacie was entring ? did not both the divines and lawyers being consulted with , agree , that the inferiour magistrates might at some time resist the superiour ? have not the states and churches of the netherlands done the like constantly against the king of spain ? the protestants in france against their kings ? how often , and how lately have our brethren in scotland done the same ? and although since the reformation , england was never put to it , untill these unhappie differences , yet how constantly have our most learned divines , bishops as well as others , defended by their pens , and our princes and states by their aides of men and money , their distressed and oppressed brethren and neighbours in the like case ? and now in our own sight both the king and states have acquitted the scots , as having done nothing in their late defence , but what became good subjects . and what the judgment of this nation was in the time of popery is plain enough by their practice , in their usuall taking of armes , and not leaving till they had compelled their princes to ratifie their priviledges and charters , which through ill counsellors they had infringed . and observeable it is , that because the bishops and clergie of those times saw the princes go about to take down their pride , they were ever the most forward to justifie the proceeding of the state ; and i suspect , in case the tables were turned , and we had a king endeavouring to take down the bishops , to take away pluralites , non-residents , &c. and a parliament seeking to maintain them , the world would hear another divinitie from many of them , who now cry out , that all our defence is damnable . but lest i might be thought not to have vveighed the scripture and reasons of both sides equally , i vvill give you a further account vvhat my thoughts vvere , and are concerning the scriptures usually pleaded against this resistance , and the reasons deduced from them . the strongest hold they pretend to , is built upon romans . . &c. . peter . , . vvhere vve are enjoyned subjection to the higher powers , especially to the king as supreme , and all know that nero the then supreme governour , was no better then a tyrant . answ. first , it is observable that this objection , and almost all the rest taken out of the scripture , make the case of all subjects in all kingdomes to be alike ; that although ( as i touched before ) there are hardly two kingdomes in the world , but do differ in lavves , customes , and constitutions , bounding the kings authority , and the subjects obedience , yet if any of these would change the bounds of his authoritie ( for instance , if the king of denmarke , or sweden , or polonia , vvould invade the libertie of his subjects , and make himselfe as absolute , ( not onely as the king of england , but ) as the king of france , or spaine , or the great turke ) this argument tyes all their subjects from resisting ; let any man shew an out-gate for the subjects of the one , vvhich vvill not let out others , and for my part i vvill yeeld the cause : if they say these kings took their crowns upon those termes , and the subjects indented to have liberty of resistance in such cases , then they grant that vvhere the laws of the kingdome allovv a liberty of resistance , resistance may be used notvvithstanding these texts , which is as much as vve plead for : if any people have covenanted in no case to resist , let them seek another answer , in the mean time these texts tie not those from resisting ( by their own answer ) who have not tyed themselves . secondly , i appeal to their own judgements , whether these texts forbid all forcible resistance ; suppose a prince in his rage should go about to kill himself , or run some innocent man thorow with his sword , might no man take the sword out of his hand ? and if it be lawfull for a private man to dis-arme him of the weapons wherewith he would kill one , may not the state take such weapons out of his or the hands of his instruments , wherewith they go about to destroy all . thirdly , both texts lay the same charge for subjection to inferiour magistrates , who likewise have their authoritie from god , though under the superiour : as our saviour said to pilate , who was buta deputy , thou couldst have no {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , no power at all against me , if it were not given thee from above . and may no resistance be made against the unjust violence of inferiour officers ; if there may , it is sufficient ; sure i am , the texts have not one word to allow the one , and prohibite the other . fourthly , what one syllable in either of these texts so much as looks towards the forbidding of a people to resist tyrannie , but onely that we resist not the magistrates in the rightfull exercise of their authority given them by god : the texts speak not of their persons , but of their power ; not of their dictates , but of their legall commands ; no more of kings than of an higher power in an aristocracie , or democracie , binding all persons to subject themselves to that power and authoritie which in the severall places vvhere they live is the highest or supreme power . object . but nero was a tyrant . answ. not in his five first years ; nor secondly , vvas he a tyrant in all things ; he had authoritie to rule according to law , that was not his tyrannie ; his tyrannie was , what he usurped contrary to the law : nor thirdly , vvere all his under-officers tyrants , many of them could say with festus , acts . it is not the manner of the romanes to deliver any man to die , before that hee which is accused , have the accusers face to face , and have leave to answer for himself ; and vvould accordingly dismisse them , if they had done nothing worthie of death , or of bonds . object . . but doth not the thirteenth chapter of the romanes plainly binde up mens hands from resisting the supreme power ? answ. by the supreme power must be meant , that power , which by the originall and fundamentall constitution of any people and nation , hath authoritie to make laws which shall binde the whole nation , to dispose of the estates and lives of any person or persons for the good of the nation , to judge every person and persons in the nation determinatively and conclusively , so as from that judgement there is no appealing , that power it self being subject to the judgement and authoritie of none but god : and aristotle makes three distinct branches of this power . . the power of making and repealing lawes , a legislative power . . the power of making war and peace , of imposing customes and tributes . . the power of judging causes and crimes ultimately and decisively : where these three meet , and make their residence , whether in one person , as in absolute monarchs ; or in many , as in mixed monarchies or aristocracies ; or in the body of the people , as in the ancient romane government , there is the highest power which every soul is forbidden to resist : but now what ever be the higher power in england , most certain it is , that the kings absolute or illegall will , is not the highest power , that hath neither power to make laws , nor repeale laws ; that hath not power to acquit or condemne ; nor may men appeal from the kings lawfull judgement seat to the kings absolute will ; but his legall will in the highest court , or the king and parliament may make lawes or repeal lawes , may engage the whole nation in a war , and command both the bodies and purses of men unto the service , is the highest court of judicature , to which all my appeal , and from which none may appeal , and consequently against which there is no resistance . so that if men would read this text of the thirteenth to the romans , in plain english it amounts directly to thus much , let every soul in england be subject to king and parliament , for they are the higher powers ordained unto you of god , whosoever therefore resisteth king and parliament , resisteth the ordinance of god , and they that resist shal receive to themselves damnation . i would desire no other text but this to confound the great chaplains and champions of the antiparliamentary cause , or to strike terrour into their loynes , if their long conversing with god-dammee's , hath not drawn such a kawl over their hearts , that to them damnation is ridiculous . object . . but doth not saint peter say expresly , the king is supreme , pet. . . answ. . it may as well be translated superiour , as supreme , the same word in the of the romans is translated superiour , higher , not highest . . it is plain , the apostle is not there constituting governments , but giving direction to people to obey the government they lived under ; and the text hath as much strength to enforce subjection to aristocracy , as to monarchy : if the people of pontus , asia , cappadocia , bithynia , were under an absolute monarchy , as sometimes they were , being petty kingdoms crumbled out of the great monarchy of alexander ; and it may be did retain yet the same forme of government , if not of their own , yet as lately received from the romans ; all that can be enforced from thence is , that the apostle names the kings of those particular countries to be such as they were , and commands subjection to them , but no wayes tyes other kingdoms to be like unto them . object . . but we in england by our oaths , do acknowledge the king to be supreme . answ. . we willingly grant him to be supreme , to judge all persons in all causes according to his lawes , and the established orders of the kingdom , but not at , or by his absolute will or pleasure . . whoever considers the title , scope , and words , both of the oath and the act of parliament that enjoynes it , will easily see that both the act and oath were intended in opposition to that supremacie which the pope sometimes challenged and usurped in this kingdome of england , and no more : and this to be the true intent and meaning of it , appears more fully by that explication or limitation of the oath , made the next parliament , . eliz. wherein it is declared , that that oath made , . eliz. shall be taken and expounded in such form , as it is set forth in an admonition added to the queens injunctions published , anno . of her raign , viz. to confesse or acknowledge in her , her heirs and successors , no other authority then that which was challenged and lately used by king henry the eighth , and edward the sixth . and by this time you may see how little offensive these two ( so much boasted ) texts are to our defensive arms . object . other places of scriptures the adversaries seeme not much to confide in , therefore i will passe them over the more briefly ; yet let us a little consider of them , matth. . . they that take the sword shall perish with the sword . where christ seems to rebuke peter for using defensive arms against the officers that came with a pretext of authority to apprehend christ . answ. . this is not a reproof of the sword taken for just defence , but of the sword taken for unjust oppression , and a comfort to those that are oppressed by it ; for origen , theophylact , titus , euthimius , interpret the meaning to be , that christ doth not rebuke peter for using defensive arms , but to let peter know that he need not snatch gods work out of his hand ; for god would in due time punish those with the sword , that came thus with the sword against him ; and that these words are a prophesie of the punishment which the roman sword should enact of the bloudy jewish nation ; according with the like expression , revel. . . he that kills with the sword , must be killed with the sword , here is the patience , and faith of the saints , that is , this may comfort the saints in their persecutions , that god will take vengeance for them . but secondly , suppose it was a reproof of peters using the sword ; then the plain meaning is to condemn peters rashnesse , who drew his sword , and never staid to know his masters minde , whether he should strike or not ; and so reproves those who rashly , unlawfully , or doubtingly use the sword : adde this , that now was the hour come of christs suffering , and not of his apostles fighting , wherein christ would not be rescued , no , not by twelve legions of angels , much lesse then by the sword of man ; therefore he saith to peter , put up thy sword , &c. but intended not that it should alwayes be unlawfull for his people to use the sword in their just defence , against unjust violence ; for then he would never have commanded them , but a little before , that he that hath two coats , let him sell one and buy a sword . object . eccles. . . &c. i counsell thee to keep the kings commandment , &c. he doth whatever he pleaseth , &c. where the word of a king is , there is power , and who may say to him , what dost thou ? answ. . no man can understand it literally in all things , as if every commandment of the king must be kept , as if no actions of the king might be scanned , nor reproved by any man , as the canonists say of the pope , that if he lead thousands to hel , none may say , why dost thou so ? surely , if saul command to murder the lords priests , that commandment need not be kept ? if david lie with his neighbours wife , nathan may say , why dost thou so ? if ahab murder naboth , and swallow his inheritance , worship baal , persecute and kill the prophets of the lord , elijah may reprove him , notwithstanding this text , who can say unto him what dost thou ? secondly , the text plainly enough interprets it self , keep the kings commandment , according to the oath of god , stand not in an evil thing against him , he hath power to do whatever he will . si scelus patraveris , effugere non poteris , if you commit evil , you cannot escape punishment : where the word of a king is , there is power , viz. to punish them that do evil , and none to call him to account for doing it , and who can say unto him , what dost thou ? object . another text is , proverb . . . by me kings reigne , &c. whence they plead , that because kings and princes receive their authority only from god , and the people at the utmost only designe the person , but give him none of his power ; therefore they may in no case take away his power from him . answ. . it saith no more of kings , then of nobles , senators , and all other judges of the earth : for it follows , by me princes rule , and nobles , even all the judges of the earth . secondly , although no such thing is in the text , that the people give no power to the magistrate , yet we will suppose it to be true , what then will follow more then this ? that although they may not take from the magistrate that power which god hath given him ; yet they may defend themselves against such unjust violences , as god never gave the magistrate power to commit . a woman hath power to designe the person of her husband to her self , but the authoritie of a husband is from god ; now though the wife may not take away the husbands just authority , she may defend her self against oppression and injury . object . some alledge gods judgement upon the two hundred and fifty princes , numb. . answ. they were rebels against their lawfull governours , ruling exactly , according to the expresse will of god . and may all those perish with them who will plead for such as they are . object . others alledge , sam. . . where the people are let to understand how they shal be oppressed by their kings ; yet for all that , have no just cause of resistance ; for they shall have no other remedy left them , but preces & lachrimae , crying to the lord , vers. . answ. but saith the text so ? let us read the words a little , and you shall cry out in that day , because of the king , which you have chosen , and the lord shall not hear in that day . is this to say , they have no just cause of resistance , nor no remedy left , but complaining ? indeed if the holy ghost had said , you shal not resist , nor fight for your liberties , &c. there had been some shew of reason for such a deduction , as some would extort from them ; but yet , even then , why might not the words have been a prediction of the curse of god upon the people , giving them up to such a base degenerate ignoble spirit , that they shall have no heart to stand up in the defence of their liberties and lives , rather then a prohibition of such resistance ? the lord foretels the people , ezek. . . of calamitous times , in which he tels them , verse . . that they should not mourn or weep ; will any man interpret this , as if god made it unlawful for them to mourn , or to weep , or was it not rather a prediction of their stupidity of spirit , when they should pine away under these calamities ? so jere. . god said they should put their necks under the yoke of the kings of babylon ; will any man thence gather , that other people are bound to put their necks under the yoke of a forraign enemy invading them ? in one vvord , the plain meaning is , that this people should dearly rue it for casting off the form of government which god had chosen for them ; and vvhen they should mourn under their ovvn choice , god vvould not take the yoke from off their necks ; and so it is a threatning of a judgement , not an imposition of a duty . object . but david durst not lift up his hand against the lords anointed , though he did tyrannically persecute him ; yea , though it vvere sometimes in his povver to have killed him . answ. no man pleads that any david should kill the lords anointed ; yet he may defend himself against his unjust violence , as david here did . object . but if they may not kill him , vvho can be secured ? that in a battell ( as at keynton field ) his bullet may not hit the lords anointed . answ. is this their fault , vvho have so often petitioned his majestie to vvithdraw himself from such dangerous vvayes , as both the parliament and his excellencie hath done ; if their petitions vvould have been received ? or rather theirs , who ( the vvorse subjects they , and the more accursed they ) have led him into these unnaturall warres , and do in a manner inforce his presence in them ? did they bear that affection to his majestie as they pretend , they vvould vvith davids men , swear , thou shalt no more go out with us to battell , lest thou quench the light of israel , . sam. . . we have heard much of the cavaliers svvearing , but i never yet heard that one of them had the honestie to swear this ; nay they are vvronged in reports , if some of them have not sworn the contrarie . object . but david vvould not fight against him . answ. indeed he never did fight against him , because his numbers never vvere considerable till tovvards the last , but he vvould have fortified the citie of keilah against him ; and it had been a strange madnesse to have had . men vvith him , if his conscience would have suffered him to have done nothing but flee : sure one might more easily be hid then . but there is a plain text assuring us that david and his men vvoud have done more then run up and dovvn , if occasion had served , chron. . . and so forvvard . when divers of the children of judah and benjamin came to joyne with him , david vvent out to meet them , and said , if ye be come to help me , &c. but if ye come to betray me to my enemies , i being innocent , the god of our fathers look upon it , and rebuke it . now mark their answer , the spirit came upon amasa the chief captain , and he said , thine are we david , and of thy side , peace be to thee , and peace to thy helpers : then david received them , and made them captains of the band : can any man imagine their meaning vvas to run up and dovvn the countries vvith him , if they vvere able to cope vvith any number that saul should bring , or send against them especially adding this to it , that they fell to him from the severall tribes day by day , till his host was like an host of god . now by these mens argument , if davids host had been fourtie thousand , and saul come against him but with five or six hundred , they must all have fled from him , and not have put it to a battell . credat judaeus appella , non ego . object . but the fathers of the primitive times knew no defence but preces & lachrymae in all their unjust sufferings . answ. . it follows not , because they knew it not , therefore we cannot know it : there might be speciall reasons of gods dispensations towards them . . their liberties and religion were not established by law ; and this was the cause , saith abbot bishop of salisbury , why the christians in the primitive times , before their religion was established by law , caedebantur non caedebant , would rather be killed then kill : but after the times of constantine , when religion was established , they shook off the yoke of persecution from the church , & caedebant non caedebantur , they did kill rather then be killed . . where did any of the fathers ever oppose this opinion , and condemn this practice , that is , declaring it unlawfull , especially for a representative body to defend themselves against the unjust violence of their mis-led princes ? i beleeve if any such testimonies were to be found , the parliament should have heard of them before this time . . we want not examples of such defence in the primitive times , when once religion was establisht by edict of the romane empire , and licinius the emperour of the east ( legum violator maximus , contrary to law and his covenant ) would persecute the christians , they defended themselves by arms , and constantine the great joyned with them ; and as eusebius saith , held it his dutie , infinitum hominum genus , paucis nefariis hominibus , tanquam quibusdam corruptelis , ê medio sublatis , incolumes servare : to deliver an infinite multitude of men , by cutting off a fevv vvicked ones , as the pests and plagues of the time . the christians living under the persian king , and vvronged by him , sought for help from the romane emperour theodosius , and vvere assisted by him ; and vvhen the king of persia complained that theodosius should meddle in affairs of his kingdome , theodosius ansvvered , that he did not only protect them because they were suppliants , but was ready to defend them , and no way to see them suffer for religion , it being the same with their own . it seems they thought it as lawfull to help an innocent people against the oppressions of their own prince , as for one neighbour to succour another against theeves and robbers . the macedonians obtained of the emperour constantius , four thousand armed men to help them drive out the novatians from paphlagonia , the orthodox assisted the novatians against the unjust violence , and were armed falcibus clavis , & securibus , with sithes , clubs and hatchets , and cut off almost all the souldiers , and many of the paphlagonians . at constantinople the orthodox defended paulus his election against macedonius and his abettors , though assisted with the militarie forces , and the historian blames them onely for killing the commander hermogenes . justina valentinianus mother , infected with arianisme , commanded to banish ambrose , but the people resisted , and for a while defeated the plot of them who would have sent ambrose into banishment . the inhabitants of armenia the greater , professing the christian faith , were abused by the persians ( among whom they lived ) especially for their religion , they entred into a league with the romanes for their safetie . you see here are some examples where the ancient christians used defensive arms , and i doubt not but such as are well read in the stories of those times might produce many more . ob. but there is one doctour who goes about to prove by reason , that oppressed subjects should not defend themselves against their princes , though bent to subvert religion , laws , and liberties , because ( forsooth ) such resistance tends to the dissolution of order and government , that is , to disable princes from subverting religion , law , and liberty ( which is the very dissolution of all order and government ) tends to the dissolution of all order and government ; as if hindring a man from pulling down his house , were the pulling down the house : as if the hindring the pilot from dashing the ship against the rock , tended to dash the ship against the rock ; if any man else see any colour of reason in this reason , i desire them to make it appear , for , for my part i can see none . and indeed the case is so clear , that most of them who cry down defensive arms , though they use such scriptures and arguments to work upon the consciences of people , yet when they come to dispute it , will hardly endure to have the question rightly stated , ( as being unwilling to dash against the rock of most learned divines , whether protestants or papists , and , i think , of almost all politicians ) but fall to discusse matters of fact , charging the parliament with invading the kings just prerogative , usurping an exorbitant power and authority , &c. yea , his majestie in all his declarations insists onely upon this , never suggesting that in conscience they are prohibited to defend themselves , in case he should violently invade their liberties , yea , expresly grants , that there is power sufficient legally placed in the parliament to prevent tyrannie . and therefore now i leave the case of divinitie , and shall more briefly give you an account what satisfied me in the second , i mean matter of fact , that his majestie being seduced by wicked counsell did levie war against the parliament : my great evidence was , the parliament judged so ; the judgement of a parliament of england was never questioned till now by a people of england : all patents , charters , commissions , grants , proclamations , and writs of the kings of england , receive their judgement , and are often repealed and made null by a parliament : all controversies betwixt the king and subject receive their finall determination in the parliament ; the judgements of all other courts are ratified or nullified by a parliament . i have heard some wise men say , that a parliament in england ( like pauls spirituall man ) judgeth all , and it self is judged of none ; and therefore if i should give you no other account of my entring upon my office in the armie ( which was not to fight , nor meddle in the councell of war , but onely to teach them how to behave themselves according to the word , that god might be with them ) should i ( i say ) give no other account but the determination of that wise assembly , i should be acquitted by indifferent men . but although i had learned , that no dishonourable thing should be imagined of that honourable assembly , yet i held it my dutie not to yeeld blinde obedience , or go by an implicite faith , but search whether the things were so ; and the rather , because both sides have appealed to heaven , to that god , who no doubt in due time will clear the righteous cause : and upon my search these things were quickly apparent . it was very cleare , that the persons too much prevailing with his majesty , had long before this parliament , a designe for over-throwing our laws , enslaving our liberties , and altering our religion ; and it had so far prevailed , that we were tantùm non swallowed up ; and when through the good providence of god , this parliament was called , and many hopes conceived , that now his majesty seeing the mischief of adhering to such ill counsellours , would for the time to come be wholly guided by the great councell of his kingdome : alas it soon appeared that the same kinde of counsellours were still most prevailing , insomuch that ( soon after the pacification with scotland ) the northern army should have been brought up to london , as appeares by the very oathes of some who should have acted it , a thing thou thought so pernicious , that not only the chief actors fled beyond the seas , but many reall courtiers earnestly solicited their friends in both houses , that this their inexcusable errour might be passed over , and now to begin upon a new score . but that which made me the more suspect their prevailing with his majesty was , that , the horrid rebellion broken out in ireland , the rebels pretending his majesties and the queenes commission for their warrant , it was at least three moneths after , before they were proclaimed traytours , and when it was done , no copies of the proclamations to be got for love or money ; whereas when the scots were proclaimed rebels and traytours , it must speedily be published in all the churches of england . i must acknowledge , this made me to think , that the parliament had just cause to be jealous of great danger . but when his majesty returned from scotland , discharged the guard which the parliament had set for their own safety , and an other denied , except under the charge of the queens chamberlain , and his majesty himself entertained divers captaines as a super-numerary guard at whitehall , went to the house of commons after that manner , to demand the five members to be delivered unto him ; the earle of newcastle ( now general of the armie of papists in the north ) sent to hull , attempting to seize it and the magazine there , his majestie , according to the lord digbies letters , retiring from the parliament , to a place of strength ; and the queen going beyond sea to raise a partie there ; i must have shut my eyes , if i had not seen danger , and thousands of thousands would have thought the parliament altogether senslesse , if they had not importuned his majesty ( as they did ) to settle the militia , all former settlings of it by commissions of lievtenancy being confessedly void : his majestie refusing this in that manner as they thought necessary for security , they voted the putting of it into the hands of persons whom they thought the state might confide in ( though alas many of them since have discovered to us how vaine is our hope in man ) and secured the town of hull , and the magazine there : soon after this his majesty in the north seised new-castle , and under the name of a guard begun to raise an army ; all this was done before the parliament voted that his majesty seduced by wicked councell , &c. and when his majesties army was more encreased , he then declared that he was resolved by strength to recover hull and the magazine , and to suppresse the militia : after this indeed the parliament began to make vigorous preparations by their propositions for plate , money , horse , &c. this being the true progresse and state of the businesse , i saw clearly all along , the kingdome and parliament were in danger , that it was therefore necessary to have the militia and navie in safe hands , which his majesty also acknowledged ; that he refused to settle it for a time in the way they conceived necessary , and that by the judgement of both houses when they were full , they had power by the fundamentall laws of the kingdome to settle it , especially for a time , upon his majesties refusall ; that his majesty raised force , and declared it was to suppresse the militia , and recover hull and the magazine , is as clear , and made pregnant preparations both at home and beyond the seas : and the civill lawyers say , that pregnant preparations are the beginning of a war . the onely question remaining was , whether the parliament did justly in ordering the militia , and securing the magazine and navy , in a confessed time of danger upon such his majesties refusall . what the kings power and perogative , and what the parliaments power was for securing the militia in time of danger according to the laws of england , was out of my profession , and in great part above my skill ; but certainly unlesse i vvas bound rather to beleeve the votes of the papists , and other delinquents about his majesty , vvho hitherto had prevailed to bring upon us all the miseries that vve have laine under , then the votes and judgements of the highest court of judicature in england , ( which so far as i have heard , was never by common law or statute law presumed to be guilty of , or charged with the overthrow of the kings prerogative , or the lawes and liberties of the subjects untill now , and who have given us so much evidence of their wisdome , watchfulnesse and faithfulnesse ) i vvas bound to be concluded under their testimony , and so consequently that his majesty was seduced , &c. and surely , if men vvho serve upon justice betvveen prince and people , party and party , in matters of life or state , may rest in the resolution of the learned judges , that this , or that is law , vvhen themselves knovv it not ; vvell might i rest in the judgement and resolution of that court , which is the judge of all the judicatures in the land . and in case i were unsatisfied , to whom should i appeale , in whose judgement i might more safely rest , especially when i savv their vote agreeable to that which is the supreme law of all nations ; namely , that publick safety is the highest and deepest law , and that it is requisite that every state have a povver in time of danger to preserve it self from ruine ? and no lavv of england more knovvne , then that the parliament is the highest court , from vvhence there is no appeal . this satisfaction i had then , and since by the declarations and remonstrances of the parliament , concerning these military matters , and by other books lately published , it is most apparent that they have not usurped upon his majesties prerogative , but what they have done is agreeable to the practice of former parliaments , in putting the militia , forts , and navy into safe hands in these times of danger : and that it vvas therefore lavvfull for them , yea , necessary to take up these defensive armes , and consequently to call in for supply from all such vvho should share with them in the benefit of preservation , and to disable such from hurting them , who were contrary minded . i spend no time to answer the objections that some make , that his majesty could not tarry at london with safety of his person , that the lords and commons that are vvith him , were driven away by popular tumults , and could not enjoy freedome of their votes , &c. because i thinke these things are now beleeved by none , but such as would beleeve no good of the parliament , though one should rise from the dead again . thus sir , you have a just account of the grounds that first induced me to owne this cause ; you desire to know whether i see not yet reason to repent of what i have done : i confesse i never undertooke any thing but i saw cause to repent of my miscarriage through the corruption which cleaves to me , and great cause i have to bewaile my many failings in this great worke : but for the worke it self , i as solemnely professe , i never saw cause to repent of my appearing in it ; the cause is a right cause , the cause of god ; my call to it , a cleare call , and though the work prove harder and longer then at first it was thought , yet the cause is far clearer then at the first . the work indeed is harder then i expected , for whoever could have beleeved he should have seen in england so many lords and commons even after their solemne protestation , to defend the priviledge of parliament , and their owne vote ; that his majesty seduced by wicked councell , intended war against the parliament , so shamefully to betray the trust committed to them ? so many of the protestant profession joyning with an army of papists ( under pretence of maintaining the protestant religion against a protestant parliament ) to fight themselves into popery ? so many unworthy gentlemen fight to destroy a parliament , and thereby fight themselves and posterity into slavery ? so many papists in armes contrary to so many knowne lawes , and armed with commission , to disarme protestants contrary to their knowne liberties , and the protestants who exceed their number an hundred fold not to rise as one man to subdue them ? and who would have believed that he should have seen after all this an army raised by the parliament in such an extremity , for such an end , ( having hazzarded their lives , undergone all these hardships , performed all these services , and whose untimely disbanding may prove our irrecoverable ruine ) straitned for want of pay while england is worth a groate . behold , regard , and wonder marvellously , i relate a thing which many will not believe though it be told unto them . hab. . . but though the worke be harder , the case is still clearer , both in regard of the intentions of the parliament , and also of their adversaries . for the parliament , multitudes would not believe , but that they had further aimes then their own and the publique safety , that they intended if not to depose his majesty , yet by force of armes to compell him to that which is not fit for a king to yeeld to ; but now by their frequent petitioning of his majestie , especially by the reasonablenesse of their late propositions and instructions , wherein they desire a present disbanding of all arms , even before any other bills were past , and were willing to have the ports , forts , and ships , &c. of the kingdome resigned up into his majesties hands , provided onely that in these times of dangers they might , pro hac vice , be put into the hands of such as the state might confide in ; the sincerity of their intentions are now so plain , that i think malignity it self cannot but be convinced of them . and the intentions of the contrary councels are as plain , their mask now falling off , and their designe more then ever discovered to be the overthrow of parliament , liberty , laws and religion . for at first we had declarations to preserve all the just priviledges of parliament , but now we see men proclaimed traytors for executing the commands of the two houses , and the two houses themselves , if not in direct , yet in equivalent termes proclaimed traytors , yea , denyed to be a parliament , because his majestie withdraws himself , and after multitudes of petitions refuses to returne , and because many of their members have deserted them , and are protected by his majestie from the houses who have sent for them . yea , they are required to recall their votes as illegall , and that such as they have fined and imprisoned may bring their habeas corpus to be tried in an inferiour court . yea , people provoked to scorn them , and thereupon multitudes not fearing to trample upon , and cast as vile scorn and contempt unjustly upon that thrice-honorable court , as ever was cast justly upon the commissaries courts . we have heretefore been assured that the knowne lawes of the land should be the only rule of government : but ( to name no other instances ) now we see the commission of array to be justified to be law , which the parliament hath not only declared , but demonstrated , and the countries ( where ever it hath prevailed ) found to be the utter destruction of all the lawes made for the subjects liberty . heretofore proclamations were put out that no papists should be entertained into his majesties army , because the resolution was to maintaine the protestant religion ; but now we see them armed , and armed with commission , and protestant doctors in their writings justifying it ; and being armed dare professe their religion publickly , set up their masse in the second city of the kingdome , cutting in pieces , and burning bibles , and as multitudes of reports come from beyond the seas , ( and the supplies that come from thence confirme it ) all the papists in christendome contributing to this war as to the catholicke cause . heretofore the libertie of the subject seemed to be stood for , yea defended against the parliament , ( as if it were possible the representative body should enslave it self ) and in the meane time while these things are promised , hundreds , yea thousands of his majesties subjects plundred , with his majesties proclamations against plundering , in the hands of diverse of the plunderers , and their persons led away in ropes and chaines like turkish gally-slaves , and many cast into prisons and dungeons , only for defending themselves against robbers and murderers abusing his majesties name : where their jaylours use them worse then the turkes doe their christian slaves , or one that hath any thing of man in him could use a dog . and vvhen all these things are now done , the parliament not only sitting , but having so much strength in the field , what can vve expect when these men have prevailed , vvhen at the putting on of their harnesse their usuall language is nothing but blasphemy against god , ( not to be mentioned ) and against his people , calling all that adhere to his and the kingdomes cause , parliament dogs , and parliament rogues ? what language will you expect to heare if once they come triumphantly to put it off ? if while the event is uncertaine they cut us out such kinde of lavves , liberties , and parliament priviledges as these are , if god for our sinnes sell us into their hands , thinke if you can , vvhat lavves liberties , and parliament-priviledges our posteritie shall finde recorded in our bloud : for our selves , alas , who shall live when god doth this ? nay , who would desire to live ? i vvould rather vvith holy austin make it my humble suite to that god vvhose are the issues of life and death , that hee vvould rather take mee from the earth , then let mee live to see his deare church , and my native countrey , delivered into the 〈◊〉 of such blasphemous and barbarous men . so that in stead of repenting and withdrawing from the work , i could wish that my voice were able to reach into every corner of the kingdome , and that i could awaken all people to see the danger and misery that is flowing in upon them . that every soul might be quickened up to make his owne , and help to make englands , bleeding , dying englands peace with god , and every one who hath any interest in heaven to cry mightily unto that god in whose hand the hearts of kings are , and who rules in the kingdomes of men , that the power of our god might be great towards us , in turning away these imminent calamities , and turning the heart of our king towards his great and faithfull councell , and rescuing him out of the hands of this generation of men who delight in bllood . our god hath not yet said , pray not for this people : but if the lord say he hath no delight in us , righteous art thou o lord , and just are all thy judgements : onely let us not be accessary to our own destruction , and the destruction of so flourishing a kingdome ; let us not through our covetousnesse or cowardize , selfe-love or sloth , betray our lawes , liberties , lives , religion into the hands of men , from whose hands we befoole our selves if we expect more mercy , or lesse misery , then the poore christians of constantinople found with the turkes , when thankes to their owne niggardlinesse ( o let it never be so with england ) they fell into their hands . oh let us labour to prevent their swords thrusting into our bodies , and their swords into our soules , let our god doe with us what he vvill , let us doe vvhat vve should , and vvhile vve have any money in our purses , any blood in our veins , or any spirits in us , devote all to the maintenance of this rightfull cause : and if vve perish , vve perish . nor doe i feare to be for this condemned by any right discerning man as an incendiary to a civill war , i knovv the miseries of a civill war : warre is the severest of all gods judgements , and civill warre the cruellest of all warres : vvhere is the greatest hatred , the deepest treachery , the most unnaturall butcheries , where the father murders the sonne , the sonne the father , the brother embrues his hands in his brothers blood , and vvhoever gaines , all are loosers : 〈…〉 cives , quae tanta licentia belli ? oh the 〈◊〉 of our age and countrey ? if england have such a lust to war , 〈◊〉 we find no forraigne enemies , but we must warre against our selves , and at this time too , cumque superba for●t babylon spolianda 〈◊〉 . when the proud turrets of the whore of babylon are to be levelled with the earth : when germany , when ireland are to be rescued out of her bloudy pawes ? can vve finde no fitter object for the fury of the cannon , then our townes , houses , bodies ? but alas ! the generation vvith vvhom vve have to deal , had rather a thousand times see the glory of england in the dust , then the pride of rome : and though a evil war be miserable , yet no such misery as the peace vvhich they vvould beteeme us ; a sicilian vespers , or a parisian massacre , from vvhich good lord deliver us : save , lord , let the king hear us vvhen vve call . thus sir , you have my thoughts at large , you may either lay this letter by you , or communicate it for the satisfaction of others at your ovvn pleasure : i blesse god i am gathering strength , and hope ere long by my return to my lord and the army ( if god please not to smile upon us vvith a safe accommodation in the mean time ) to give a reall proofe that my judgement is the same that formerly it hath been , and i hope you believe my affection is the same still to you , and therefore vvithout further trouble , i subscribe my selfe . your loving friend , stephen marshall by the king, a proclamation prohibiting from henceforth all entercourse of trade betweene our city of london and other parts of our kingdome untill other direction is given by us england and wales. sovereign ( - : charles i) this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing c ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing c estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : or : ) by the king, a proclamation prohibiting from henceforth all entercourse of trade betweene our city of london and other parts of our kingdome untill other direction is given by us england and wales. sovereign ( - : charles i) charles i, king of england, - . sheet ([ ] p.). printed by leonard lychfield, oxford : . "given under our signe manuall at our court at oxford this seventeenth day of iuly in the nineteenth year of our reigne." reproductions of originals in the huntington library and the societies of antiquaries library, london. eng great britain -- history -- civil war, - . great britain -- politics and government -- - . a r (wing c ). civilwar no c. r. by the king. a proclamation prohibiting from henceforth all entercourse of trade betweene our city of london, and other parts of our k england and wales. sovereign b the rate of defects per , words puts this text in the b category of texts with fewer than defects per , words. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion c. r. ❧ by the king . ❧ a proclamation prohibiting from henceforth all entercourse of trade betweene our city of london , and other parts of our kingdome , untill other direction given by vs . whereas out of our tender care to our city of london , and in hope to reduce them to their due obedience to us , we by our proclamation , bearing date at our court at oxford the eight day of december now last past , did declare our royall pleasure to be , that there should be no stop or interruption to any of our loving subjects , as they should travell to our city of london with any cloaths , wares , or marchandize , but that they should freely and peaceably passe without any let , trouble or molestation whatsoever ; which grace and favour unto them , have in these many moneths wrought this contrary effect , that above all other parts of this our kingdom a prevalent faction of that city ( which over-rules the whole ) hath so far joyned with , and in that horrid rebellion , that it hath denounced war against the whole kingdom , by violent opposing all the possible wayes to peace ; and so that city formerly famous for their loyalty , and love to their sovereigns , is now become the head of that traiterous faction , and the receptacle of all such as are disaffected to our government , and the lawes of the kingdome : and not only willingly consents and submits to all burthens and impositions laid upon them , for the support and maintenance of the rebellious armies raised against us , but malitiously prosecutes and pursues all such who are but suspected to wish well to our service . and when we pitying the desperate and deplorable condition of our people , were gratiously pleased to desire a treaty for an accommodation , and propounded that whilest that treaty should continue , there might be a cessation of armes , and a free commerce for all our loving subjects in all parts of our kingdome , that so the benefits of trade and commerce being injoyed , our good people might bee the more in love with peace , yet this motion thus proceeding from us was neverthelesse by speciall incitation from the city of london ( which by the grace of our said proclamation enjoyed the said advantage of the whole kingdome ) scornfully neglected by the enemies of peace , and all entercourse interdicted to our city of oxford , the present place of residence for our court and army , and that restraint is continued upon all those who are thought to be serviceable , or but well affected to us : we therefore being thereunto enforced out of this necessity , and finding that the trade and commerce of the kingdome , which ought to be maintained for the publicke benefit of all our good people , is by this meanes inverted only for the advantage of those places , and persons which cherish this rebellion , the goods and merchandise of such who are thought well affected to us being seised when they are brought , to london , have thought it fit and reasonable to revoke and recall that our former act of grace and favour . and by this our proclamation , we doe publish and declare to all our subjects , that whosoever of them , either in their persons shall from henceforth travell unto our city of london , without license from our selfe , or one of our principall secretaries of state , the generalls , or lieutenant generalls of our armies , or the governours of any of our townes , castles , or forts , or with their goods , catle , victuall or merchandize of any sort whatsoever , sshall from henceforth travell unto , or for our said city of london or suburbs thereof , without our expresse licence for the same under our signe manuall , shall adventure the same at their own perills , we being resolved by all possible means to seize the same ; and that all those who from any parts of this our kingdome shall furnish or serve our said city of london or suburbs thereof , either by sea or land , with any victualls , or other provisions , or with any merchandize to maintaine them or their trade , as long as they shall obstinately stand out in rebellion against us , we shall esteem as persons disaffected to us , and to our government , and as ayders & assisters to the rebells , and shall accordingly deal with them , and proceed againsst them : and that this restraint shall continue upon them until such times as the inhabitants of the said city , finding their errors , shall returne to their obedience unto us , straitly commanding all the officers of our armies , and all other our officers , ministers , and loving subjects in all places through which any person , goods , cattle , victuall , or merchandise shall passe or be conveied towards the said city of london , to apprehend the persons , and seise and detaine the goods , until upon speedy notice to us they shall receive our further directions : we hereby assuring them they shall receive part of such goods so seised in satisfaction and for their reward . but for the continuing of the generall trade and commerce of the kingdome , and the manufactures thereof ( which we desire to uphold and advance ) we leave all our subjects to trade freely in , and unto all other parts , and in and unto all other ports , or havens of this our kingdome , not being in actuall rebellion aagainst us , and from those ports to trade with their merchandise freely into any other parts wheresoever beyond the seas , being in amity with us , without any restraint whatsoever . given under our signe manuallat our court at oxford this seventeenth day of july , in the nineteenth year of our reigne . 〈…〉 god save the king . oxford , printed by leonard lychsield , . iter boreale, or, tyburn in mourning for the loss of a saint a new song to the tune of now the toryes that glories / written by j.d. dean, j. (john), fl. - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing d estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) iter boreale, or, tyburn in mourning for the loss of a saint a new song to the tune of now the toryes that glories / written by j.d. dean, j. (john), fl. - . broadside. printed for c. tebroc ..., london : . reproduction of original in the huntington library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng great britain -- politics and government -- - -- songs and music. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - andrew kuster sampled and proofread - andrew kuster text and markup reviewed and edited - pfs batch review (qc) and xml conversion iter boreale , or , tyburn in mourning for the loss of a saint . a new song , to the tune of , now the toryes that glories . written by j. d. i. behold great heavens protection , jehovah frowns for to see , pretended zeal claim election in rights of monarchy . great charles in spight of all treason , preserves his kingdoms in peace ; he rules by law and by reason , whilst whigg melts in his own grease : ignoramus is out of doors ; flye , o flye , ye base sons of whores , poland or holland will 〈◊〉 such bores , who rebellion have sown : for nothing but royalty , loyalty , shall in our isle be known . ii. the be — ellites are in mourning , to see their syre so cold ; zownes , who thought of adjourning a zealot so factious bold : to prayers ye pestilent whiggs , the devil may hear you in time : what think you by olivers jigg ? gad , 't brings my song into rime . hamburgh once again take thy own ▪ tyburn long for thy son doth groan cromwel's disturb'd with her making moan , curses the sins brought him there : then let us be merry , drink sherry , the zealots no longer fear . iii. whine louder ye priests of the zealous , for heaven is deaf to your prayers : why do ye deceive us , and tell us , you travel in heavens affairs ? what saint e're came , or professor from grave , to teach to dethrone your lawful king and successor ? whom next to heaven we own . if these be tricks of your whiggish tribe , no saint will ever the devil chide ; though in the bottom of hell he hide : such lovers of kings the wrong way . then hey boys trounce it and bounce it , for monarchy gets the day . iv. must nine-penny esquire be forgotten ; o! do not to memory bring those hamburgh sayings , where ●ot one●s ; damn'd rogue didst thou murder the k — ? must still the zealous o'r rule us ; shall council gowns be above majesty , sword , mace , then tell us who better then moor — can love. loyalty burneth within his breast , religion is his chief interest ; the city he would with peace invest : was they not blinded with zeal . then hey boyes laugh it and quaffe it , let moor — to the king appeal . v. be gone base sons of the nation , that love not the power of kings ; go seek dad be — el's new station , 't will hold ten thousand such things : go mourn the sin of rebellion you would set up in the city ; take with you , your new friend pa●… the rest of the old committee . let love and loyalty once more reign within your breasts , for great charlemain , and for the prince , that 's come home again , who our peace will support . then hey boyes drink it , ne'r shrink it , here 's a health to the king and court. london , printed for c. tebroc , anno dom. . a letter from a true and lawfull member of parliament, and one faithfully engaged with it, from the beginning of the war to the end. to one of the lords of his highness councell, upon occasion of the last declaration, shewing the reasons of their proceedings for securing the peace of the commonwealth, published on the th of october . clarendon, edward hyde, earl of, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing c thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) a letter from a true and lawfull member of parliament, and one faithfully engaged with it, from the beginning of the war to the end. to one of the lords of his highness councell, upon occasion of the last declaration, shewing the reasons of their proceedings for securing the peace of the commonwealth, published on the th of october . clarendon, edward hyde, earl of, - . , [ ] p. s.n.], [holland? : printed in the year . true and lawfull member of parliament = edward hyde, earl of clarendon. with an initial blank leaf. suggested place of publication from wing. annotation on thomason copy: "july ". reproduction of the original in the british library. eng england and wales. -- parliament -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason e _ ). civilwar no a letter from a true and lawfull member of parliament, and one faithfully engaged with it, from the beginning of the war to the end.: to on clarendon, edward hyde, earl of b the rate of defects per , words puts this text in the b category of texts with fewer than defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion a letter from a true and lawfull member of parliament , and one faithfully engaged with it , from the beginning of the war to the end . to one of the lords of his highness councell , upon occasion of the last declaration , shewing the reasons of their proceedings for securing the peace of the commonwealth , published on the th of october . printed in the year . a letter from a true and lawfull member of parliament , and one faithfully engaged with it from the beginning of the war to the end . sir , because you accuse me so much of want of temper , and say that i am angry with you , when i cannot answer your arguments , and so that insteed of finding a way to be of one minde , we loose our selves in passion , and love each other worse than when we came first together : i have taken this uncholerique way of discoursing with you , and to inform you ( since you enjoyne me to use the same freedome with you , as if you were a private person ) why i am so farr from approving your declaration of the th of october , as an act agreeable to any rules of right and justice , or an expedient to promote the peace and security of the publique , that i take it to be inconsistent with the elements of law , equity and religion , and even destructive to the private interest of those , for whose preservation it seemes to be intended ; and in the doing hereof , i shall first answer your argumenta ad hominem ; those reasons by which you thought to have wrought upon my passions and infirmities , and to have induced me not to have found fault with that , which could do no harme to any body i care for , and which i might in some degree be obliged to defend , in order to the support of somewhat else , which i my self , have done and countenanced . you tell me , that none are concerned in this declaration , or in the most rigorous execution of it , but the cavaliers , a people towards whose reduction to the low , and wretched condition they are now in , you say , no man hath contributed more than my self , and that i do confess my self to have been much deceived , and to have deceived others , to have been in the wrong , nay , to be guilty of all the innocent blood that hath been spilt in this quarrell , if i , as well as you , do not prosecute those people to the utmost , upon whom we have layd all that guilt ; and who will shew little favour toward us , if once they grow to have no need of ours . i shall have so much occasion , upon severall parts of your declaration , to speak of the case of the cavaliers , and how necessary it is that justice be observed even towards them , and of the consequence , and the concernment that all sorts of men have in the administration of of that which is right and equitable , and how unsafe it is for the publique , if the due current of law and justice in respect of any persons be perverted , that i shall in this place only put you in minde of the inhibition given in the parable of the sowers , to those over-good husbands , who would make such haste to free the field from weeds ; the master said , nay , least whilst you gather up the tares , you root up also the wheat with them . there is no man who reads your declaration , and considers it , but discerns plainly , that under pretence of gathering those tares , vexing the poor cavaliers , whom you do not finde to grow so fast , as much to disturbe your corne , and which you intend at last but to gather , according to your severall appetites and passions of loving and hating this or that man , or as you covet their estates , not as they are dangerous to the publique peace , you root up the pretious wheat , all the laws and foundations of right , which are the onely security of every honest and free-born englishman ; and that in truth no person of the royall party is more concerned in this arbitrary , extravagant and unparalel'd act of tyranny , than every man , who hath served the parliament with the most fidelity throughout that war against the late king , if he do not submit to the present power , and endeavour to reforme and suppresse that , which you cannot but believe involves a very considerable number of men , who have deserved as well of their country , and have been and are as great assertors of the liberty thereof , as any person , who consented to the publishing that declaration ; and therefore it is no wonder if you finde me , and i suppose many more , who are not suspected to be over-inclined to the cavaliers , no less offended at your resolution and proceedings , than they have good reason to be to your tendernes of my reputation , least i suffer in my credit , by differing now with you , which you say is no less than to confess that i have been deceived heretofore , and that i have deceived others , who were engaged in the quarrell by my advise , or my example , though i will not answer you in the language of a much wiser man , even the excellent philip de comines . that a prince , or any other man , who hath never been deceived , can be but a beast , because he understands not the difference between good and evill ; yet i may tell you , that whosoever hath not been deceived in the current of these last fifteen years , hath been preserved from being so , by such an absence of friendship , confidence and charity in and to mankinde , by such a measure of distrust , jealousie and villany in his nature , that i had rather be a dog than that man : for my self i am not ashamed to confesse before god and the world , that i have been much deceived , miserably , and wretchedly deceived , but not half so much , nor so inexcusably as i shall be , if ever i trust those again , who have so much deceived me , or if i believe that my ruine and destruction is not as much designed by this declaration , as any cavaliers whatsoever ; and that i may not hereafter trouble you in this discourse concerning my self , or with my own story , i will very ingenuously confesse to you in this place , my part in the warre that was carried on between the last king and parliament , and then you will see how like i am to be immoderately inclined to the royall party , and yet how unsecure i am from being buryed in the same ruine , that is prepared to overwhelme them , and consequently , whether i have not reason to protest and prepare against those , who threaten me with that ruine . when i was returned by vertue of the kings writ to serve my country in parliament , i brought with me all that affection to the liberty and benefit of my countrey , as the condition of it required , and all that reverence and duty to the king , that was agreeable to the oaths i & every man there took , before we could sit in that convention ; and truly i had no more desire to alter the fundamentall government of church and state , than you have to restore it : i will not deny to you , that after a short time of sitting there , the continuall feaver of the house made my pulse beat higher too , and the prejudice i had to some persons in power , and authority , from whom , as i thought , i had received some hard measure , lessened my esteem and opinion of the court ; then , the lords free concurrence in whatsoever we proposed , and the kings as ready granting whatsoever we desired , made me thinke my self in the number of those , who were to governe all the world , and insensibly i found my self a greater man , than i had before imagined i was : i chose the conversation of those who were believed most intent and solicitous to free the subject from the vexations and pressures he had been made liable to , and i thought them the most competent judges of the remedies , which were to be applyed to those diseases , which they had so exactly discovered : in a word i believed all they said , and out of the innate reverence i had for parliaments , i concluded it impossible for any thing to flow from thence , that could bring damage or inconvenience to king or people , wherein how much i have been deceived , the world knows , and i am not ashamed to acknowledge : and this opinion and resignation of my self to that infallible guide , made me neither strictly weigh what they did , nor patiently hear those objections , which i could not answer ; thinking worse of the persons who objected , than of the things they objected against . when the matter of the militia was first handled , i had no other understanding of it , than as i had observed it had been exercised very unequitably by the lords lieutenants and their deputyes , and therefore i hearkened willingly to those lawyers , who confidently averr'd , it was not in the crown ; yet the greatest reason , that perswaded me to joyne with those , who would presse the king in it , was , that i thought and was assured , that he who had till then granted all we asked , would not then begin to deny ; besides that i saw most of his councell and servants , who were of both houses engaged in the same party and importunity . when so many members of both houses left the parliament and went to the king , i could not deny that very many of them were persons of great integrity and eminent lovers of their countrey ; yet i thought their condition so desperate , that a serjeant at armes would have reduced them all , and was resolved not to imbarke my self in so hopelesse a dependance ; the parliament being to common understanding possessed of the whole strength of the kingdome : nor had i ever the least apprehension of a warre , till we heard that some of our troops were defeated by worcester ; and that the king began to gather an army about shrewsbury , which yet i thought would never have looked ours in the face ; but that the king would upon some treaty have given my lord of essex leave to have guarded him to westminster ; and that all , who had obeyed the parliament , should have had offices , preferments and rewards , and this perswasion never departed from me , till we saw the kings army drawing down edghill towards us the morning before that battell . from that time i wished we had been to begin again , and that we had left off to aske , when the king was resolved to grant no more ; i remember three nights after i was quartered neer warwick at the house of a minister , whom i had known long before , and who was then fled , being reckoned one of the prelaticall party , and so not taking himself to be secure among our troops , which were not eminent for civility towards that part of the clergy ; i understood he was hid amongst his neighbours , and thereupon sent to him to return home , assuring him he should be very safe ▪ he came very willingly , and told me he could not fear the receiving any injury where i commanded , and so entertained me with much cheerfulness during the time i stayed there : sitting with him one evening , i told him , i believed the loss of blood on both sides , had so much allayed all distempers , that there would be no need of drawing more , but that the king and the parliament would easily come to a treaty , and compose all differences , and extinguish all jealousies , that had been between them . he smiled , and said , he had read a story in aelian , that when in one of the states of greece , nicippus his sheep brought forth a lyon , it was generally and justly concluded , that it portended a tyranny , and change of the state from a peaceable to a bloody government , and it fell out accordingly : truly sir , said he , when the two houses of parliament produced a soveraign power , to make a generall , raise an army , and to declare war , after that milde and innocent sheepe , that legall venerable councell had once brought forth that lyon , which seeks whom he may devoure , i gave over all my hopes of the continuance of that blessed , calme and temperate state of government , by which every man eat the fruit of his own vine ; and i expect nothing but rapine , blood and desolation ; and if you have those hopes you mention , you will finde your self disappointed ; and that they , who you think are of the same minde with you , have nothing less in their purposes than peace , or to perform one promise they have made to the people ; but they resolve to change the whole frame of government , and to sacrifice the wealth and tranquillity of their country to their own ambition , covetousness , and revenge ; and when once they discern that you will not pursue their most violent courses , they will more endeavour your destruction , than of them against whom you are both now so unanimously engaged . this discourse , which i then considered onely as proceeding from the spirit of a man , who i knew approved nothing that we did , afterwards made impression upon me , and i discerned every day men recede from the grounds they had before seemed to consent to , and to be less inclined to overtures of peace , than they had formerly appeared to have been ; yet upon those specious reasons ; that our onely security consisted in keeping so much power in our own hands , that it might not be in the kings power to do us hurt ; that if we receded from those propositions , which we had pressed the king to grant , we should shortly be bereaved of those good laws he had already granted ; at least , it would be necessary in all treaties to insert , and in some degree to insist upon those propositions ( how extravagant soever ) that by departing from them , we might pretend to pay a valuable consideration for those concessions , which we must still require from the king for our own indemnity ; and by these means our treaties came to nothing , the treators being never left at liberty to recede from those unreasonable propositions , which were therefore made unreasonable ( as was pretended ) that they might be receded from . i will not deny to you , that when upon the kings successes , commissioners were sent to invite the scots to our assistance , and i saw a great army of that nation ready to enter the kingdome upon those unworthy conditions on our part , that ought never to have been submitted to , i was in that perplexity , that i thought of nothing but casting my self at the kings feet ; i was ashamed , that having so long reproached the king with designs of calling over forreign forces , as if the affections of his people should fail in any thing that was just for him to attempt ; and having prevailed so far upon the people by those reproaches , we our selves should call in a forreign army to help us , and after we had pretended to ask nothing of the king but what the people would not be contented without , and therefore because the kingdome generally did desire and expect it , that we our selves should draw in an army of strangers , of which there could be no need , if it were not to impose that upon the kingdome , which it did not desire : i called to minde , that plutarch seemed to commend lysander , for having thought it less dishonour and reproach unto the grecians to be overcome by other grecians , than to go slatter the barbarous people , and seek to them that had gold and silver enough , but otherwise no goodness or honesty . i remembred what a costly visit they had made to us two years before , and did truly believe , that what we could suffer from one another , could be nothing to the lasting calamity they would bring upon us , who ( i was confident ) could never be a means of restoring peace and happiness to the kingdom . in a word , i thought of nothing more , than of renouncing those who had so apparently renounced their professions , and of cordially joyning with the king's party . whil'st i was thus resolved , i heard of the cold reception they had , who were already gone to oxford , and that the court there carried it self , as if it could do its business without help , and thought themselves losers , by passing by any thing that had been done amiss . the anger and indignation i contracted hereupon , made me change my purpose , and to revolve , that if others should be of the same minde i had been , and desert the parliament , there would be none left to make reasonable conditions for them , who had been engaged in the quarrel , which i perswaded my self would at some time be done . and i was sure , that though we might have exceeded our jurisdiction , and done many unlawfull things , our being together was still lawfull ; and whil'st it was so , we should at last , upon good or ill fortune , be parties to such an agreement , as would secure our selves who staid , which was more than they could promise themselves who went away : hereupon i was fixed , never more to think of quitting the parliament , but to run its fortune ; and accordingly i proceeded to the end of the war , and never left the house , notwithstanding the several factions and animosities , and the violence and tumults which i much disliked , untill i was with the m●jor part of the house of commons , kept from thence by the army , and used in that scornfull manner , as is notorious enough , because after the treaty at the isle of wight , i desired that an agreement should be made with the king . i have troubled you with this short recollection of my part in this business , that you may see how far i have been from favouring cavaliers , by whom i have had the honour to be thought so considerable , that i was alwayes excepted from pardon in those proclamations and declarations , which then issued out . whil'st there was a war carried on by the parliament , i ventured my life , and lost my blood in that war ; and whil'st there was a parliament , i continued in the service of it ; and since that time , i have enjoyed my self in as much peace and tranquillity as the calamities of the time would suffer me , and without further opposing the present power , than in my heart not submitting to it , or taking it to have any colour of law , or justice , or religion , or reason to support it . and as i do heartily ask god forgiveness for the ill i have been guilty of during the war , so i do humbly thank his divine majestie for preserving me from the guilt of the ill that hath been done since ; and i hope the remembrance of the former , or apprehension of any thing that may be the consequence of it , shall never work upon me to approve the latter . and so i come to your declaration it self , the several parts whereof i shall speak to , without observing precisely the order they are in , but taking the liberty to marshal them according to my own way and method . let me then begin with complaining , that you assume to your selves throughout the declaration , the stile of the best affected of the nation , of those with whom the honour and interest of the english nation is deposited , and indeed of the nation it self ; and reckon all , who are not pleased with the government you have so manifestly usurped , enemies to the nation ; which you must give us leave , who have sweat and bled more than any of you , for the interest and liberty of the nation , and are sure a more considerable part of it , both in weight and measure , to take very ill of you . we cannot , we must not , endure to have it believed , that the english nation is shrunk into my lord protector and his highness councel , who all together had not the interest of one common village when these troubles began ; you may be such a nation as god threatned his chosen people withall in deuteronomy , a nation of fierce countenance , which shall not regard the person of the old , nor shew favour to the young . the latine translation renders it , gentem impudentem , an insolent sort of people , that cared neither for god nor man . the grammarians give the stile usually to sects , or professions of men , natio philosophorum , natio poetarum ; and among the jews , the sect of the pharisees was frequently called the nation of the pharisees ; you will finde in josephus a very lively description of them , who , he sayes were so much addicted to self opinion , and boasted themselves to be the exactest observers of the law in all the country , to whom the women were very much addicted , as to those who were much beloved of god , as in outward appearance they made shew to be ; these were such as durst oppose themselves against kings , full of fraud , arrogancy and rebellion , presuming to raise war upon their motions of spirit , and to rebel and offend their princes at their pleasure ; and whereas all the nation of the jews had sworn to be faithfull to caesar , and to the estate of the king , those onely refused to take the oath : so far he . and if you please this nation , you may be , except you choose rather ( for you bear great love and affection to the jews ) to be of their fourth sect , which the same author tells you was founded by judas of galilee , and accorded in all things with the pharisees , but that they were so extreamly zealous for , and jealous of their liberty ; that they onely acknowledged one god to be lord and master of all things , and had rather themselves , with their dearest children and kinsfolk , endure the most greivous and bitter torments that could be imagined , than call any mortal man their lord . and this is the antientest record , i think , can be produced for those friends of yours , who have lifted you up to the height you are now at , though it is plain your selves are retired enough from those inconvenient scruples . be what other nation you will , how far you are from being the english nation , or that part of it which is tender of , and like to advance its interests , must appear in the further examination of the principles of your declaration . since you would have it believed , that no part of the english nation can be concerned in , or hurt by this destroying act , but onely the royal party ; you should so clearly have set down the guilt of those you punish , and the rules by which you punish , that no innocent man could have thought himself involved in the one , or in the reach of the other : it had been to be wished , that since you take upon you to execute justice and judgement for the nation , you had , according to the good old custome alwayes observed in those judicatories , plainly set out the known laws of the land , by which such and such actions are declared to be crimes , and by which those crimes are to be punished in that degree ; it being no more in the judges power to exceed the punishment prescribed , than to declare that to be a crime , which no law hath declared to be so : whereas without quoting one judged case in law , or citing one statute for your ground , or mentioning one precedent to justifie your manner of proceeding , you wrap up your discourse in metaphysical notions , and conclude by deductions from the law , and light of nature , and from the dictates of reason ; a reason so abstracted from practice , and so difficult to be understood , that we may well apprehend , that we shall hereafter be concluded guilty , and condemned , before we are accused , or able to accuse our selves ; and therefore it is not out of kindness to them , that we now endeavour to state the true case of the royal party , the crime they are charged with in this declaration , the judgement that is inflicted upon them , and the grounds of that judgement , that we may from thence be able to conclude , how far we are from their case , and consequently how secure we are from being liable to their punishments . the case then of the royal party is this . after a war waged for some years between the king and the parliament , after several great successes on the parliaments side , the kings armies and garrisons are reduced to those streights , that they thought fit to make conditions ; they do not confess that they owe their admission to compound for their estates , or the moderation that was used in it , to that excess of good nature you reproach them with in your declaration . but they say it was upon a full contract between the parliament and them , and upon articles of surrender on their part of those places of strength which remained then in their possession ; the which , together with their acquiescence from further opposing us , we of the parliaments party ( they say ) then thought a valuable consideration for any concessions we then made to them ; and that they had the publick faith of the parliament for the punctual and exact performance of the articles on our part . that by our thus treating with them , and their compounding with us , we raised a vast sum of money for the support of our armies , without which we had been in many streights ; and if they had not totally declined any further thoughts of opposing us , amongst so many discontents which then raged in the parliament , the army , and amongst the scots , it is not probable that we should have carried all before us with so little resistance as we did ; so that the advantage we got by their compounding , was not small or inconsiderable . that we were so far from requiring them to change their principles ( other than their no further assisting the king in a war against the parliament , the which himself at the same time declined , and betook himself to treaties ) that there was a special provision in all articles against any such pressure . that we of the parliaments party were so far from urging them to wave their allegiance to the king , that we professed the same with them in all our professions , declarations , and protestations ; and that the crime we accused them of , and obliged them to compound for , was , for their offences against the king and parliament , and therefore the pardon drawn by order of parliament , was granted to them in the kings name , and passed under the great seal of england : so that they were , and are by that ( according to the fundamental laws of england , which are the onely security every subject hath for the enjoying his property and his liberty ) free and absolved from all manner of offences committed before the grant of that pardon ; and by it put into as full a possession of their estates , and all the rights of a subject of england , as they before enjoyed ; and if they have committed no offence since that time against the laws of the land , they are , and ought to be accounted in the same condition with us , and not in any degree to be troubled for more than what they have done since . and this is in truth the state of the royal party , without strengthening it by any consideration of the act of grace and oblivion , which was afterwards granted to them . whether those articles have been so punctually performed as you say ; whether that court , which was purposely erected to do them justice in that particular , was erected soon enough , and before they were broken with intollerable oppression ; or whether that court hath since executed justice so effectually on their behalf , as you declare , i leave to themselves to make manifest ; being in truth ( as i said before ) no otherwise concerned for them , than as the equal administration of justice to all sorts of people , is , and must be , the foundation of peace and happiness to any commonwealth , according to the ordinance of god himself , he that ruleth over men , must be just , ruling in the fear of god . where there is not exact and precise justice , there can be no fear of god , pretend what you will ; and you cannot but have heard , that very many learned and pious men have attributed the ill success which the christians received in the several attempts which have been made , with so vast a consumpsion of men and treasure in the holy land , to that perfidious breach of faith made by the christians , after the first taking of jerusalem , in the year . when after mercy proclaimed to all that would lay down arms , it was concluded necessary for their defence ) upon the rumour or apprehension of the approach of a new enemy , and the number of the captives being very great ) to put all the turks to the sword , which was performed accordingly , without favour to age or sex , three dayes after their promise made , to the infinite reproach of christian religion ; though ( as my author sayes ) some slew them with the same zeal that saul slew the gibeonites , and thought it unfit that those goats should live in the sheeps pasture . but the noble tancred was highly displeased at it , and knew that christianity abhorred any such violation of contract , and expected the miserable success that attended it . and it may be , that unjust proceeding might be one of the reasons that moved our robert of normandy to refuse that crown which was then offered him , and afterwards conferred on godfrey of bulloigne . we have set down the state and security they were in by that agreement and pardon ; let us in the next place examin how they become reprobate , & fallen from that state of grace , and what the crimes are which you now object to them . before you opening the design , you prepare us to be content with very slender evidence , by telling us , that conspirators are a sly and secret generation of men , whose walks are ever in the dark , and the measure of all their feet cannot be exactly taken and compared . truly if they walk so much in the dark , that they cannot be found out to be tryed , they ought not to be found out to be executed : yet in the very preliminaries to the conspiracy , you charge them with matters as evident and manifestable in their nature , as any part of a conspiracy can be . that persons were sent from hence to charles stuart with letters of credit , and a considerable sum of money . that a select number of persons were chosen by the name of a sealed knot , who were to reside about london , and to keep and maintain correspondence with those of their party beyond sea ; both which are particulars , if true , as easy to be made appear to be , as levying of war , or any other act of outrage . you have ordinances severe enough against those , who send money to charles stuart ; or those , who correspond with them ; produce the persons , make good the charge , and we shall not thinke our selves in danger by your sentence upon them ; but , if you will infer , that because he is not starved abroad , he is supported from hence : and that all , who do not wish you your hearts desire , conspire to promote his interest , we must not consent to such consequences , in which we are no lesse involved , than they . you speake of one fitz-james , who went from hence to the late kings eldest son , then at paris to promote some designe of assassination of particular persons ; of a conjunction between him and john gerard ; of major henshaws going to paris concerning the same designe , and that charles stuart refused to see him , but relyed on gerard and fitz-james , to whom he gave precise directions , that they should not make their attempt , till all his friends were ready in england : then you say , there was one boswell , and also one pierce , and severall other persons imployed at other times for those assassinations , and had laid the place and manner of execution ; and the meanes whereby to attempt it ; all the particulars whereof ( you say ) would be too large to set down ; as it would the severall gratious providences of god in the disappointing of them . truly , if this short recollection of such important particulars be only to put you in minde in your devotions , to acknowledge to that providence , those signall deliverances , you may be as reserved in the discovery as you please ; but if you desire to engage us in the belief that such attempts have been reall , and in a detestation of the abettors of them , you ought to enlarge your selves in the relation , and to publish such evidence as may satisfy the world , that your deliverances have been more than from your owne imaginations . what the other persons are you mention , i meet with no body that knows ; and for fitz-james , i hear all those of the royall party , who upon the publishing this declaration have occasion enough to speake of him , say , that they alwayes looked upon him , as a spy of yours , and not of their party ; and you may remember , when you and i were once walking in james's parke , and he passing by , i asked you who he was , you told me that you hoped by the meanes of that gentleman , that dunkirke would be shortly put into your hands , it being then in the hands of the french ; and that he was newly returned from thence , with some assurance to that purpose ; how he came so soone after to be so dangerous an enemy to you , and so much trusted by your enemies , i cannot imagine , and had need to be made manifest by some authentique testimony . you proceede in hudling up another designe , of working upon discontented humors , which are observed to be stirring in the nation upon pretences of liberty , and the rights of the free-borne people of england , which were supposed to be infringed by keeping up an army , and by enforcing taxes from them , and by not calling free & equall representatives , chosen by all the people ; and then you accuse john wildeman and some others of the like principles ( whom you do not name ) as fitting instruments for managing that part of crying for liberty : and these you say , were to carry on a designe , which should in outward appearance be different from the other , although in truth it came from the same root , and was directed to the same end . and you say john wildeman had brought his part to such maturity , that he wanted very little , but the open declaring himself in armes , having in effect finished his declaration , which was to be published upon that occasion , and the time you say did fully answer the rising designed by the royall party , which fell out but a few dayes after : when you say , there was another insurrection that was to keep company with this , and that part of your army in scotland should have mutined , surprized their generals , thrown off their officers , and marched up to london under the command of major generall overton : whereas you forget , that no longer ago , than in page t● of your declaration , you say it was the principall business of those , who were sent with letters of credit and a considerable summe of money , to assure charles stuart , that the reason why the nobility and gentry , and bulke of the kingdom of england , ( which they said were episcopall , and of his former party , ) did not rise with him upon his late march from scotland , was , because he was believed to have gone upon grounds disagreeable , both to their affections and interests , and also to the good of the nation , and inconsistent with the ancient constitutions both of church and state ; but that if he would return to his former principles , to wit , to cast himself totally upon his old party , they would venture both their lives and fortunes for his recovery . and in page . after the affaires grew apace into a ripenes , and some were of opinion , that they should take in some persons who had been for the parliament , you say , it was denyed upon this reason , that seeing they had no need of them , as their affaires then stood , it would be prejudiciall to his majesties service , and their common interest , to take in persons , whom they should afterwards be troubled to be rid of . how comes it then to passe , that this severe royall party , without regard to their principles , on a suddaine should incorporate it self with john wildeman , and major generall overton , who in their severall stations , have most advanced that interest , which is most destructive to theirs ; and who have never been suspected for inclination to episcopacy ; and your selves tell us , after you have amused us with the discourse of john wildeman , and major generall overton , that those , that were to be made use of to bring the designe to pass , were the revellers , who did not , as you hope , intend to serve the interest of charles stuart . what the merit of those two persons hath been towards the commonwealth , is enough known to all lovers of their countrey ; nor can their reputation be blasted by such obscure insinuations . it is now many moneths since they have been in your hands , under a very strict restraint , and if you could prove any thing against them of adhering to the royall party , and promoting that interest , you would have used the same expedition in proceeding against them , as you have done against those at salisbury and exeter , and therefore we have reason to conclude , that their being so honestly concerned for the liberty and rights of the free-born people of england ; their supposing it to be infringed by keeping up an army , and by enforcing taxes from them , and by not calling a free and equall representative chosen by all the people , is their crime and guilt , and if you cast in all those ▪ who are of the same opinion with them , into the royall party , and think to make them odious , under that imputation , you will indeed make a party strong enough to vindicate a very royall quarrel● and interest . the cleer matter of fact , which seemes to have some manifestation , is this , that some persons have been particularly trusted in this kingdom by charles stuart , to dispose the people to a generall rising , to provide money , to buy armes and munition ; and if they could to surprize some sea town ; that he himself was so pleased to hear how carefull and solicitous they were for him , that though out of the tendernes he had for his friends , he had deferr'd to call upon them , till he could give them encouragement from abroad ; yet since that came on so lowly , he would no longer restrain their affections ; but if they were able to make any handsome appearance in any one place , he would be sure himself with them , and sent them word , that he would to that purpose keep himself within a reasonable distance ; and this letter was writ in july . neer eight moneths before appearance of trouble . after this , to make good his promise , he removed himself from cologne into zealand , on purpose to attend the rising , and the lord wilmot , wagstaff and oneile came over actually to conduct and lead the design , and agreed to make their attempt upon the twelve of march . an insurrection accordingly was made in the west , and had in all probability encreased , if it had not been seasonably suppressed : that in yorkshire separated , as soone or before they came together , and so in all other places , and thus by the goodness of god that bloody design was prevented ; yet ( you say ) some who run away from their rendezvous , did it with a resolution to take a better opportunity , when the government in confidence of the present successe shall be secure , and lesse aware of them , and they are at this day at worke upon other designes both here and in scotland , to begin new troubles and rebellions amongst us ; and this is the charge of what they have done . let us now see the inferences that are drawn from hence , and the judgement that is given thereupon , and it will be then easily discerned , whether we , ( who are not accused of the guilt , for you say the designe was generall , and levelled against all those , who had upon any account whatsoever adhered to , and owned this cause ) are not by those inferences to be made lyable to the same judgement , when ever you conclude it convenient to your affaires that we undergo it . you inferre from your own narration ( the truth whereof i have nothing to do to question ) that their pretended king , who was ready to embarque for england , would never have put himself in the eye and face of the world , if those , who shewed themselves in armes , were to have no other seconds but what appeared ; and you say , it cannot be imagined , that the lord wilmot and wagstaf , and others , would have run so great hazards upon so weak grounds ; or that those gentlemen who did actually rise , could suppose that the army would be so easily over-run , and therefore you conclude , that what was done by them , proceeded from the consent of the whole party , and upon this assumption , you adjudge their libertyes and their fortunes to be at your mercy ; and that all the pardons and acts of indempnity , which have been passed on their behalf , are void ; and rather aggravations of their guilt , than security against any other judgement you will hereafter passe against , or upon them . is it possible , that you can satisfy your own consciences with this kinde of argumentations or can you believe your army strong enough to impose this tax upon mens understanding , tha● they shall think your proceeding consistent with justice , or agreeable to reason ? it had been more suitable to your greatnes , and more ●●spect to the nation , to have shut up westminster-hall , that old conservatory of our liberties , and to cause over the gates thereof , and in the front of your commissions to be engraven in letters of steel , that short adage of the poet ; — pro foedere , proque justitia est ensis : — than to imagine that you could compose their minds with this declaration ; can you think it a good argument , that the whole party intended to rise , and so ground enough to judge them , because their pretended king , the lord wilmot and some others believed they would ? and do you not rather think their not rising , when if they had , they might have given us all trouble , an argument that they never intended it ? you say , that the first of the three things which were chiefly designed by them in this business , was , to prepare and engage every individuall man of their own party , who had either been in the former warrs , or had been a friend unto them , or was likely by reason of his alliance , breeding , or discontents , to engage therein , who being engaged , were to bring all their tenants , and those who depended upon them : and also to lay designes for the possessing of garrisons and strong holds . and is it not very manifest by no one mans appearing with all his tenants , and very few mens appearing who had tenants , by their not possessing one garrison , or strong hold , or house , that what design soever some particular persons might have , the whole party did in no degree cherish or assist the design ? shall the presence of those who were there , though many probably might not know what they came about , be enough to condemn them , and shall not the absence of others , except you can prove they were at least privy to what was designed , absolve them ? you say , that what major generall overton designed , was to be brought to passe by the levellers , and some others , who did not ( as you hope ) intend to serve the interest of charles stuart . and why have you not so much charity for the royall party , of which there did not appeare enough at any rendezvous ( salisbury onely excepted ) to put you to the trouble of dispersing them , to hope that whatever the lord wilmot and the rest intended , to bring to passe by them , they never thought to second them ? it can neither be just in it self , nor prudent in you , to give the royall party cause to believe , that they hold their liberties and estates by no better a tenure , than the good behaviour of every man who keeps them company , or hath been heretofore engaged in the same quarrell with them ; that the earl of kingston , who therefore compounded , because he had a great estate to enjoy , should loose his , when ever major generall wagstaffe shall rebell against you , who never compounded , because he had nothing to save , and will be alwayes venturing , because he hath nothing to loose . you have not reduced the royall party into a corporation , that by the misdemeanour of some of the members , their charter should be avoided : they of them , who never had pardon , have received no benefit by what the other procured for themselves , and there is no reason they who compounded with you , should without committing new faults , receive prejudice by the transgressions of other men . can you imagine , that they who were admitted by you to compound , would ever have been at the charge and trouble of it , if they had thought they should incurre any danger , or pay the penalty , for any attempts made by the excepted persons ? as long as they , who are not suffered to live amongst you , are projecting against you ( as they will alwayes be ) must not the rest , who dwell at home as much as you , enjoy what is their own ? in a word , every man compounded for himself , sued out his own pardon , and can only be punished for his own offences : and it is expresly provided for by severall statutes of magna charta , that no man shall be condemned without being brought to his answer , and how the sworne judges of the law , who do not relieve those , who demand protection from them for their liberties or estates , will answer the breach of their duty and their oaths i cannot foresee ; especially , if they remember , what the lord chief justice cooke puts them in minde of , in his pleas of the crown , printed by order of parliament . that it was enacted in the first year of h. . that the lords , nor the judges shall never be admitted to say , that they durst not for fear of death to speak the truth . for my own part , i am content , that i was one of that partie , which reduced them to a necessitie of compounding , and admitted them to conpound upon such terms , that they might enjoy their countrey with some satisfaction and comfort : let it be your glory , to breake and violate all those conditions , and to be recorded , as those were by the excellent historian , in the declination of the roman state from justice and honour : ignavissimi homines per summum scelus , omnia ea sociis adimêre , quae fortissimi viri victores hostibus reliquerunt ; that you have by transcendent wickednes and tyranny stripped them of all , whilst they lived as friends peaceably with you , and under you , which we were contented they should enjoy , af●er we had conquered them as enemies : and so let them stand or fall , as they can . i come now to consider , how we , who are not yet accused by you , may expect upon the same inferences , to have the same judgement let loose upon us , which for the present you intend shall immediatly destroy only the royall partie : you will not suffer us to think it strange , that so many persons are secured , although they were not visibly in armes , upon the late insurrection , or that you have laid a burthen upon their estates , beyond what is imposed upon the rest of the nation , towards the defraying that charge , of which they are the occasion : you have at present in custodie under the same generall reproach persons , who from the beginning to the end of the warr , served the parliament as faithfully and as eminently , as any who were members of it : now it is not probable , that they would have engaged themselves in so unequall an enterprize , if they had not expected to be seconded by their friends , why should not we therfore looke to be involved under the same judgment ? you say , john wildeman , and others of the like principles , were most fitting instruments for the carrying on the design , and that major generall overton was to make use of the levellers , and it cannot be supposed , that they would have proceeded so far , without having some assurance of assistance from their party , and i pray then where is the difference between the levellers , those who insist upon the rights and liberties of the free-borne people of england , who would have taxes taken off , and a free and equall representative ( those are their crimes ) and the royall partie which is condemned , because some of their friends appeared in the insurrection ? it is plaine enough , what they are in due time to expect at your hands , who in the last parliament insisted to have part of the army disbanded , which you insinuate , was done upon no lesse than combination with that partie you have condemned : but we need not take such paines by such inferences to discover your good purposes towards us , you have ingenuously declared , that your quarrell is against all , who retaine their old principles , and still adhere to their former interest in direct opposition to the government established : let the old principles retained , be what they will , and the interest adhered to what it will , parliamentarie principles and parliamentarie interest , presbyterian principles and presbyterian interest , independent principles and independent interest , if it be in direct opposition to the government established , the same measure of persecution must be their portion , which you would have us thinke is only now assigned to the cavaliers . alas it is not their principles you are angry with , but their obstinate adhering to their obligations , and their interest ; let them depart from those , and no longer oppose the government established , and you will like them the better for their principles : the truth is , you thinke none worthy of their estates , but they who have their principles , and therefore you resolve to take both estates and principles to your selves : no other principles will serve your turne , witness the weekly sermons preached by your proselytes , of obedience , and subjection to government ; so diametrically contrary to what the same men preached in the beginning of these troubles , that if their sermons of the year . were bound up in the same volume with those they preached in and , they might be taken to be vincent and yorke bound together , by their invectives , contradictions and positions ; and prin and mountague are not more unlike , than this off-spring begotten by the same parents ; witness the principles and grounds of this declaration and judgement , which are more arbitrary and tyrannical than ever were vented or laid down , and owned by the most exorbitant person of the royal party , which pulls up all property and liberty by the roots , reduces all our law , common and statute , to the dictates of your own will , and all reason to that which you , and you alone , will call reason of state , and which we are obliged in the next place to examine , as our parva charta , and the funeral oration upon parliaments , law , conscience , and equity , and we shall then see how near our condition is to that of the poor sicilians , which plutarch tells us of , when the two captains , calippus and pharax , professed they would set sicily at liberty , and drive out the tyrants , but did in truth exercise so much cruelty upon the people , and brought them to such calamity and misery , that ( he sayes ) all that they had ever suffered under all the tyrants , seemed to be pleasure and delight , to the insupportable yoke of servitude they were forced to submit to under those reformers ; and they desired nothing more , than to exchange the liberty they had so dearly purchased , for the government they had so foolishly wished to be freed from . your first principle is , that as well the articles of war , as the favour and grace granted by the act of oblivion , contained in them a reciprocation . as there did a real benefit accrew to the grantees , so certainly there was a good intended and designed by them to the state ; and if the state do not attain their end , neither ought the other to accomplish theirs : from hence you argue , that none have signed to articles of war , that are not conditional ; and that when those , who received those articles , resolved to break the conditions , they had not then the consent of those that gave them . let us speak first to the articles of war ; and if you had not a wonderfull delight to make easy things hard , and to perplex the common people with difficult words , you could not apply this discourse to your purpose : nor do articles of war contain any secret conditions that are not expressed . the reciprocation is , that one delivers what he is in express tearms obliged to deliver , and thereupon that he receives what was promised that he should receive ; if he performs not his promise at the time he is engaged , or imbezel any thing he promised to deliver , he hath forfeited the benefit that should accrew to him by the articles . but when he hath performed his part ( i speak purely of the articles of war ) he is not obliged to change his party , nor to love those with whom he hath capitulated , nor shall forfeit the benefit due to him by those articles , though he should seize the town delivered by him within one month after , except he were by his articles expresly restrained from any such attempt . for the act of oblivion , you declare , that must needs be meant as an obligation upon the enemy , and as a proper means to take away the enmity contracted by the war , intending by mercy to reform those who had opposed , &c. and that this doth imply such a condition in the nature of it . whereas in truth any condition is contrary to , very inconsistent with the nature of it ; nothing more absolute , nothing less conditional , than an act of oblivion , which wipes out all that is past , without the least prospect to come . nor are they alwayes granted out of mercy , but from conveniency , when they who give them usually receive as much benefit from them , as they to whom they are granted ; when the number or power of the guilty is too great and too hard for the innocent , the latter are more concerned to give , than the other to receive the act of oblivion , in which of old there used to be this clause , ne quis eam rem ( whatsoever it was they had been guilty of ) joco seriove cuiquam exprobraret ; which if it were an essential clause , hath been very ill observed by you . you heighten this doctrine by a very notable maxim , in the point of pardons , which you say are alwayes granted with clauses of good behaviour , either explicit or implicit , because else whosoever granted them , le ts loose a delinquent to future offence ; and he that answers not the end and consideration of the pardon , cannot in reason be said ever to accept it ; for , you say , an oblivion was not onely intended of the offences , whereby they had rendred themselves obnoxious , but that this kindness should be answered with obedience on their part , and produce a real change in their principles and interest , as to the common cause . i have heard , that it is usual that men , who plead their pardon for any capital offence , are obliged to finde sureties for their good behaviour : but i never heard , that for the breach of the good behaviour , they were proceeded against , and executed for their old offence , as if they had no pardon , that is sure against the nature of the pardon . nay , if a man be pardoned under the great seal of england for the highest treason , and afterwards commit a new treason , he shall not , without a new process , be executed for the old , but must be formally convicted for the new , and can be punished onely for that ; nor can the former be any other aggravation , than to make him appear less worthy of a new mercy . but let us see now how far this new law , and new logick , concerns our selves ; and first , give me leave to put you a case , which may or might have much concerned one of your own body ; and we finde those instances illustrate most , which come nearest to our own interest . my lord commissioner fynes ( who they say was the sole architect of this goodly structure , your declaration ) was , you know , once governour of bristol , and for the base surrendring that city to the late king's forces , out of want of courage to defend , was adjudged by a court of war at saint albans , to lose his head ; my lord of essex , according to the authority he then had , gave him his pardon under his hand and seal , by which alone he was preserved from execution . now the intention of that pardon was , that this kindness should be answered with obedience on his part , and that he should not swerve from the principles of that cause then in contest ▪ nor from his affection to that general , who gave him his life . how far he hath been from performing those conditions , all the world knows , and yet he would not sure be willing to forfeit the benefit of his pardon . another intention of that pardon , was , that he should have courage and magnanimity to discharge any trust the state should confer upon him , without being corrupted with fear or hope , to betray it : if he shall by money or threats be wrought upon to do injustice in the place in which he is trusted , since he that answers not the end and consideration of the pardon , cannot in reason be said ever to accept it , shall he forfeit the benefit thereof , and lose his head upon the former judgement ? have you forgotten how many persons stand secured by your act of oblivion and pardon , besides the royal party ? and will you , that you may elude the one , lay down those rules , which must cancel the peace and quiet of the other ? what have many faithfull people of the city , and other good patriots , to secure them for many things they did during the contest between and in the two houses of parliament , and whil'st one part went to the army , and the other remained in their places , but acts of oblivion and pardon ? what have the agitators of the army , and indeed those parts of the army it self , not inconsiderable , who upon several occasions refused to obey their orders , and sometimes mutined against their officers , to secure them that they should not lose their heads to morrow , but acts of oblivion and pardon ? and must they now be told of intentions in granting them , which they never heard of ? and that if the state do not attain their end , in such an obedience on their part , as produces a real change in their principles and interest , all is voyd that hath been done , and they liable to the same punishment , as if no such acts had passed ? if this be their case , they had need provide other security for themselves . your next principle is worthy of your selves , and a fit corner-stone for your foundation of tyrannie , that forbearance from outward actions will not avail nor entitle to the benefit of the pardon , if yet there be malice and revenge in the heart , and such a leaning and adhering to the old interest , that nothing is wanting for the discovery thereof , but a fitting opportunity ; for ( you say ) as such men cannot in justice and ingenuity claim the benefit of an act of favour from that supream magistrate , to whom they know themselves to be enemies : so neither is that magistrate bound in justice before god or men to give it to them , if he hath reason to believe from the course of their conversations , that they are such , and that their intentions towards the government , under which they live , are the same as when they were in open arms against it , and is at liberty to carry himself towards them , as if no such act had been ; nay , he may proceed against them with greater severity , &c. truly if this be so , the large bulk of our laws and records , which establish our liberty , and our property , may be reduced into a very small volume ; and we are so much the worse for the reformation you have wrought , that we have not onely fought away our arms , but all those rights for which we took them up . and if after all our clamour against oaths ex officio , and mens being compelled to accuse themselves , against the star-chamber , and the high-commission , we are now to be undone for the thoughts of our heart , and our intentions towards the government , and that you will take upon you to know those thoughts and intentions , and that not from any thing we know or do our selves , but from the course of our conversation , which may be from what others say or do , with whom we converse ; it is more than time for us either to seek security in some other climate , where this day of judgement is not yet come to pass , or so to purge our own , that we may be out of the danger of those , who with impious presumption take upon them to do that office , and make that inquisition into the hearts of men , which god almighty hath reserved for himself , and who will then proceed with less rigour upon what he knows , than these terrible inquisitors do , upon what they unreasonably say they have reason to believe . let us revolve the vast treasure we have lost , and compare it with the nothing we possess . the law sayes , no man shall be punished , if his offence be not proved by credible witnesses ; this declaration sayes , though we abstain from any unlawfull action , we shall be punished for the malice and revenge in our heart . the law sayes , that a conspiracy to levy war , is no treason , except there be a levying of war in facto ; your declaration sayes , if you have reason to believe that we have evil intentions against the government , we are without any right or title to any thing we enjoy , and are at your mercy to dispose of us as you please ; which is the lowest condition of traitors . if this be liberty , what nation in europe lives in servitude ? i have been longer than i meant to have been , and therefore i shall onely mention one more of your principles ; which if machiavel's prince , hob's leviathan , and all other institutions of tyrannie were lost , would be sufficient to avoyd all established laws , and insensibly to bring the freest people into the most insupportable bondage , and to resolve all obligations of government into the good will and pleasure of the governour . that if the supream magistrate were in these cases tyed up to the ordinary rules , and had not a liberty to proceed upon illustrations of reason , against those who are continually suspected , there would be wanting in such a state the means of common safety . the illustration of reason is this ; that when they who are peaceably minded in the nation , are ready to say , these are the men of whom we go in danger , it is both just and necessary that all those , of whom the people have reason to be afraid , should pay for securing the state against that danger which they are the authors of . if you thought it operae praetium to have given any satisfaction to the poor people of the nation , for whose liberty you are so zealous , and that it were not below you to make your commands appear reasonable , to which you expect precise obedience , being able , as you say , to give many pregnant instances , that former times have held this way of proceeding just and reasonable , as well in this , as in other nations , you would have vouchsafed to have given one , especially since you say , such have been in the memory of several persons now living . that which came nearest it , yet strayed at a great distance from it , seems the resolution of the judges in the case of ship money , which were with so great detestation condemned by the parliament , and your selves , before you were in a posture of governing , and for which they paid so dearly : yet in that case there was to be real necessity , an imminent danger that the supream authority might foresee , as the sentinel discovers the enemy first , and so was bound to provide against : but that your fears must be so complyed with , that armies must be raised to secure you , and whosoever you are pleased to be afraid of , must be compelled to defray the charge of those armies , is a doctrine never heard of before this declaration ; and your fear is so usefull to you , that no proportion of courage would do your business half so well . oportet neminem esse sapientiorem legibus , is a maxim in the law ; and what is that arbitrary power we have so long inveighed against , made so many men odious with the reproach of , made , but the endeavour to set up an arbitrary government , the abridgement of all treason , against which we first took up arms ; and for the rooting out of which , we have shed and lost so much blood , what is it but the assuming ( in what extraordinary cases soever ) upon discretion to require us to do that which the law does not require us to do , to forbid that which the law doth not forbid , and to punish us to a degree beyond what the law directs us to be punished ; to swarve from that rule , is to take it away ; and being gone , we are no longer subjects , but slaves . in the roman state , during the reign of the kings , who whil'st that government lasted , were very absolute , the king himself could not do an act against the letter of the law , in favour or disfavour of any person , be his merit or guilt what it would ; but in such extraordinary cases , the appeal was to the people , who were to judge whether the rule was to be declined , or no . so horatius , for the killing his sister , was condemned by the duumviri , who had no other power than to proceed upon the letter of the law ; nor was it in the power of tullus hostilius , who was king , to alter it . but the appeale was to the people , they considered the provocation , the teares of his father , who said , if he had judged that his daughter had suffered unjustly , se patrio jure in filium animadversurum fuisse ; they considered the great merit of the person , absolveruntque admiratione magis virtutis , quàm jure causae : thus deviations from the known law , whether in mercie , or in rigour never extended farther than a particular person , never comprehended a multitude . our ancestors were so vigilant on our behalf , that they would not have us accused without some witness , not condemned in matters of importance without the full evidence of two or three witnesses ; nor is the same person capable by the law of being witness and judge , if he saw the malefactor commit the offence of which he stands accused , he cannot give his evidence as witness , whilst he is judge ; every witness , how devested soever of passion and affection , having in the wise jealousie of the law , too much of a party , to be the judge ; whereas your supreme magistrate , need no other evidence , but his own suspition , and if he be afraid , we are undone , for it is plain enough , though out of your abundant tenderness you impute all the fear to the people , reserving to your selves only the benefit of your suspition , to suspect whom you please ; you will not trust the people with the prerogative of their own fear , that they may fear as much and as little as they see cause for , your supreme magistrate hath the monopolie of that commoditie ; and it is very observable , that you do not say these extraordinarie payments for securing the state , shall be made by those of whom the people are afraid , you will not give them leave to tell you how much they are afraid , or of whom they are afraid , but by those of whom the people have reason to be afraid , and they are not reasonable enough to know that themselves , you will do it for them ; and so you are the law , the witness , the judge and the partie , and therefore no doubt will proceed in that manner as you thinke best for your selves . jus meum metu tuo non tollitur , say the civilians , and the incomparable grotius , after he hath inveighed against that unreasonable opinion in policie , that it is lawfull in princes to take armes against a growing power , which being grown may be able to oppresse their neighbours , as disaovwed by all sober casuists , and looked upon as an extravagancie by all regular judges of the jus gentium , concludes excellently , that we live upon those disadvantages in this world , ut plena securitas nunquam nobis constet , adversùs incertos metus , a divina providentia & ab innoxia cautione non vi praesidium petendum est : it is very naturall to fear those most , whom we have most injured , and it would be very unnaturall that we should be thereby warranted to do new injuries to them : and it is too great a privilege for the basest and most unworthie passion that can be harboured in the minde of man ( for fear is nothing else but a betraying of the succours which reason offereth , sayes salomon ; ) insteed of being a torment to the servile spirit that is possessed by it ( as most other passions are ) to torment and destroy those they are unreasonably afraid of . besides all other judgements are determined within some extent of time , whereas no period can be set to your fears , nor consequently to our punishments ; and i remember salust sayes of catiline , that after he had caused his son to be killed , that he might perswade a lady to be the more willing to marry him ; animus impurus , diis hominibusque infestus ▪ neque vigiliis neque quietibus sedari poterat , ita conscientia mentem excitam vexabat . i know not how many of you are in that condition , and if that part of the commonwealth must be at the charge of armyes to preserve you against all whom you will be afraid of , it must shortly raise new armies to suppress the old , and to free you from the feares you have of one another . how strong your love is , few have had evidence to discerne , but your jealousy is like that in the canticles , cruell as the grave , the coales thereof are coales of fire , which hath a most vehement flame : in a word your feares are grown so terrible , that we have no other security , than by being as much afraid as your selves , and providing for our selves accordingly . you see now the reason that warranted that passion which i expressed to you , when i first read your declaration , and that the judgement in it is come home to our own doores , and concernes the poor royall party no more , than it doth our selves ; and it may be , it is come the sooner home to our own doors , for the little consideration we had of any acts of power , how exerorbitant soever , that we thought only related to them . you know the wise answer given to him that asked what city he believed to be best governed , solon said , that city , where such as receive no wrong , do as earnestly defend others to whom wrong is offered , as if the wrong and injury had been offered to themselves : and that generall was worthily extolled , qui aliquid esse crederet & in hostem nefas ; our too little circumspection and tenderness of that , hath brought the case to be our own ; if the royall party will change their interest , that is , keepe their old monarchicall principles , and apply them to the support of your interest , they shall be received , entertained and preferred by you ; you have manifested it enough to them , by trusting none more than those who have done so . they are onely in danger , of whom you are afraid , in respect of their conversation , of their intentions towards the present government , and of their interest not to submit to that government , which you say is established , and they believe or know to be but usurped . and we shall the better finde who they are , and make some discoverie of the number of them , and consequently of the danger that is threatned from them , if we take a short view of the government , by what degrees , and by what authority it is imposed upon us and how far the severall interests of those , who have at least equally with your selves opposed the common enemy , are secured and provided for , and we shall thereby the more easily judge , how far we are obliged in conscience or discretion to submit to it , of whom you are most like to be afraid : and so , who are most probably in the end , to be charged with the maintenance of those forces , which you will finde necessarie to secure that government , and your feares that it will not be secure . what is become of the parliament ; and the parliament partie , that first undertook that war and pursued it , till they were without an eneny , is too melancholick a question to expect an answer to ? you cannot take it ill , that i say this is not the government we then undertook and engaged to preserve and defend ; and you will give me leave to observe , that there is not one officer in all your armies , that in the beginning of that warre , was above the degree of a captaine ; so far are you from being the people , who bore the heat of the day , or who deprived the enemy of of their armes : nor is there one person amongst you , who had then interest or reputation enough to engage ten men in the quarrell ; nor is one of those who had in any credit now with you , or trusted in any part of your government : so that you may reasonably conclude , that as they cannot hold themselves obliged to submit to it , so much lesse engaged to support it , and consequently amongst that number of which you have reason to be afraid . after you had by bringing your army to london , and imprisoning the major part of the commons , and dissolving the house of peeres , extinguished kingly government , erected your selves into a commonwealth , and insteed of one , set up as many kings , as you had left members of your parliament , all who were uncontrolable and above the reach of justice , and exercised what kinde of power and tyrannie they pleased upon their fellow subjects ; the people were universally engaged to maintain and defend that government of the parliament of the commonwealth of england ; all princes and forraigne states taught to make their addresses to it ; warre and peace declared by it ; the keepers of the great seal of england , the judges and ministers of justice , appointed in the same manner , and the whole administration of justice throughout the kingdome was in the name of the keepers of the liberty of england , the army professed it self entirely at the obedience of the parliament , and absolutely to be disposed by it , and well it might do so , there being so many officers of the army , members of parliament , that they had reason to believe all commands would be suitable to their own desires , if they desired no more than what they hitherto professed , the support of that government , which not onely every person who had the least trust , share or benefit in it , had sworn to defend , but whosoever sued for favour or justice from it , were bound to subscribe to . in this manner all things were ordered ; ireland reduced to perfect obedience , and our enemies there to perfect slavery ; scotland ( as your own poet sayes ) was preferred by conquest to serve us : so that we were not only without any visible enemy , and so sufficiently revenged of our friends , that they could be of use to none but our selves . the parliament now thought it high time , that they who were in truth the conquerors , the people at whose charge alone the warre had been carried on , should receive some benefit from their conquests ; that when they had no enemy at all , they need not have so great an army , and therefore they betook themselves to councels of good husbandry , and to thinke of preferring them , who had taken so much paines in their service , to ease and plenty ; to give those estates to them , which they had taken from others , and by these gratuities to disband some part of their army ; but that was a jurisdiction , you never intended they should exercise , you were well enough contented that they should have the soveraigne power to raise money , for the payment of the armies , but when they presumed to speak of disbanding those armies , you wisely remembred how insecure you should be without those forces , which had raised you to the height you were at , you remembred how many former orders you had disobeyed ▪ how you had triumphed over the long robe , and the priviledges of parliament ; and albeit acts of prdon and oblivion had been passed for your indemnity , you concluded , if the government should once fall into those peaceable hands , they would find ways enough to avoid the observance of any promises , they had been cōpelled to make against their wills ; and hereupon for the good of the people , you resolved to take the government into your own hands ; and according to the advice given by the servants of the king of syria , take the kings away , every man out of his place , and put captains in their roomes . you brought armed men into the house of parliament , forced the members with many opprobrious speeches to leave their places , locked up the doors , that there might be no more resort thither , and appointed a select number of the officers of the army to provide for all , that king or parliament used to do ; and here was an end of your commonwealth , which government all were so solemnly engaged to defend ; nor is there any person , who adheres to the principles of a commonwealth in any trust or esteeme with you : nay , it is very observable and notorious , that of all that select number which helped you to be free from monarchy , by sitting in that court , and who dare no more look a monarch in the face , than they dare justify what they have done at the day of judgment , there is not one man in credit with you , nor of command in any of your armies by sea or land ; nay ; whom you have not eminently affronted , disobliged and and oppressed , except he hath such a relation of blood , as may render him unsuspected . and can you think these men friends to your present government ? and consequently can they but thinke themselves involved in this declaration , and designed to maintain those additionall forces , which are , or must be raised to defend you from those of whom you see reason that the people should be afraid . your next government was entirely by the armie , which as if it had not fought to suppresse all exorbitancy of power , but to possess it self of it , and was now sufficiently qualified to do all , that others had or would have done before , laid taxes and impositions upon the kingdom , repeated over all the ill things which had been complained of before , in most intolerable and insupportable degrees , and improved the confusion to that height , that there was no shadow or formality of justice left ; and that dist●action in gods worship , that there were more religions than regiments , and all practised with equall licence , and animosity against each other , when on the suddain the generall of the army ( if he can be called a generall whose commission was determined , by the determination of that body that granted it , the parliament ) takes upon him to assemble another number of people , every man chosen by himself , and that councell of officers of the army , who were constituted by himself , and making their appearance before him , called them a parliament , called himself their servant , and besought them to repaire those breaches and ruines of the commonwealth , which their wisedom could only do , most of them being men of no parts , no experience , no quality , no interest in the kingdom , serving only to render the venerable name of parliament ridiculous by their frivolous and impertinent consultations , without doing any sober act in order to the healing the wounds of the commonwealth , as their predecessors had made it odious by taking upon them so unlimited a power to vex and grieve , and devour their brethren . and when these had brought themselves into a sufficient reproach and disestimation of the people , and yet could not be enough united amongst themselves , to serve the generalls turn , part of them went to him , confessed themselves too weak to sustain the great burthen he had laid upon their shoulders ; and desired him to take the power again , which he he had so graciously conferred on them , and that he would take upon himself the ordering and repairing the commonwealth , which they had not wisedom to do . the other part , that had a better opinion of their own abilities , and believed they might find some proper remedies for the publique grievances , were according to the late method turned out of doors by the souldiers , that they might no more continue those unprofitable consultations : and so by these few bankrupts repaying the small money he had lent them , the generall takes livery and seisin of the whole treasure of the kingdom , and thinks this a sufficient delegation of the power , and interest of the nation into his hands , of which he makes use within few dayes after , and with a suddain and unexpected solemnitie , the lord major of london , the judges and the keepers of the great seal , being summoned to attend , without knowing any part of the busines , upon the advice and by the consent of half a score of his friends , who were like to look that he should receive no hurt , he degrades himself from the office of generall , and unlimited power thereof , as he sayes ; and is contented under the stile of protector of the three kingdomes , of england , scotland and ireland , to be restrained within the limits he had prepared for himself , laid aside his excellency to be his highness , and contented himself with all the crown lands which were left unsold , and a limited power ( as he called it , ) extending farther than ever king pretended to ; and this was the rise and progresse of your present government , to which you expect such an obedience , as must produce a reall change of all our principles and interest ; and if we are but thought to have evill intentions towards this government , we must be at the charge of the armies raised to secure it . that which disposed the mindes of the people to abstaine from a present protestation against this government , besides the agony of the late confusions , and the astonishment upon the new wonderfull alteration , was , that it was but temporary , and that limited to a very short time ; a free parliament was to be called within so many moneths , which was entirely to consider and settle the government of the kingdom , to remove all those obstructions which hinder the peace and happiness of the nation , and to restore it to that tranquillity and quiet it had been so long deprived of : and the protector was sworn to a due observation of all those articles , which he had himself prescribed for his own rules and bounds , and therefore the more hope that he would be contented to be limited by them . it cannot be denied that the kingdom chose many worthy persons of fortune , interest and experience , as their deputies to provide for the publique security , who entred upon a free disquisition of the state the kingdom was in , according to the very method prescribed by the instrument of government ; and to enquire by what means and title ; so vaste and transcendent a power was gotten into the hands of one man ; so contrary to what had been before determined ; many men professing , that if after so much blood spilt and calamities undergone by the people , to free them from monarchique government , it should be now found most agreeable to the nature and temper of the nation , to return to the same forme of subjection , there could be little doubt , it would be much better to restore it to the royall person , to whom by the line of succession the unquestionable right was derived , and whose being possessed of it would in a moment restore the whole nation to a full and entire peace , from whose unblemished youth and gratious disposition , as much of happiness might be expected , as had been enjoyed in any former kings raign , than by continuing it in the hands of an usurper , who had violated so many oaths and protestations already , and had ascended to this pitch only by the most bare-faced breach of severall trusts , that ever christian or gentleman was guilty of , to expose the kingdom to a warre , that could have no end , but in the ruine and desolation of it . these grave , necessary and important debates , were no sooner entred into , than in contempt of all privileges of parliament , which will not allow matters in debate to be taken notice of , the protector , like a king ; nam impune quaelibet facere , id est , regem esse , summons them into his presence , with the highest and sharpest language , reproaches them for disputing his authority , by whom they were called together ; requires them to renounce and disclaime that liberty , before they proceeded to further consultation , and to that purpose delivered an instrument without subscribing to which , the band of souldiers which guarded the door of the parliament house , would not suffer any man to enter , whereupon a major part of the parliament departed to their houses , and they only went in , who submitted to the conditions , which many afterwards did , who in detestation of the violence , at that time had forborne to subscribe . thus he , who without the consent or privity of a dozen persons , had assumed to himself the title and stile of protector of three kingdomes , and therefore found a generall submission , because he had bound himself within a short time to call a parliament , that might settle the government , when it was now met and possessed of the power it was to have , because they came together upon his call , would not suffer them to question any thing he had done , or what he should do hereafter , their submission ( as he said ) to his authority of summoning them , being a tacit acknowledgement of his power , which he would not endure to be argued against , without calling to minde ( besides the practice of these last ill years ) that by the express letter of the law , any restraint from altering or revoking an ordinance or act of parliament it self , is voyd , being against the jurisdiction and power of parliament . when he had thus reformed his parliament , he gave them leave to sit together , to consult how they might contribute to the support of that power they were not able to impair , and to lay new burthens on the people , the envy whereof they should rather bear than himself . but as the pope ( paul the th . ) complained in the consistory of those who reported he could make but four cardinals , in regard of that which he had sworn in the conclave , and said , that this was to binde the popes authority , which is absolute ; that it is an article of faith , that the pope cannot be bound , and much less can binde himself ; and that to say otherwise , was a manifest heresy . so he took it very ill , that they should believe upon any articles in the instrument of government , to which he had so solemnly sworn before he assumed the title , that they might lessen his power , or the army , by which it is supported ; and therefore when he saw they betook themselves to those counsels , which might lessen the insupportable burthen the people undergo for the maintenance of as numerous forces , and greater indeed , than were ever on foot when the common enemy had towns and armies to oppose , and that they presumed to speak of disbanding part of them , he sent for them , and after he had , stylo imperatorio , reprehended their presumption , and checked them in sharper language than ever king gave himself leave to use to his subjects in parliament , contrary to his oath , and before the time was expired which was assigned for their sitting , he dissolved them , and takes upon himself authority , with the consent of such , whom he pleases to make of his councel , to make and repeal laws , to lay taxes and impositions upon the people , and , which is the highest expression that can be made of his tyrannie , to publish this declaration ; whereas it is notorious in the law , that to commit the power of parliament to a few , is against the dignity of parliament ▪ and no such commission can be granted , even by the parliament it self . you know , how strange soever it be , that all this is true ; and you may then easily compute , of what rank or kinde of men they must be , who are delighted , or in their hearts not opposite , to your present government : how very few there are in your councel or army , who were for king and parliament , and how those principles have been asserted by you , is known to all men ; what affection they have for you , who with so much hazard and infamy served you in the extinguishing the monarchy , and what indignities they receive at your hands , is likewise within your own view . what is become of those two swelling names , which for so long time filled our mouths , and under the shelter of one of which all men took sanctuary , the presbyterians and independents ? is there one man of either party , who without renouncing the principles of his party , is in credit or trust with you ? and do they not both every day expect from you the exemplification of that memorable judgement of philip of macedon , who upon the hearing a difference that was fallen out between two men of very seditious and turbulent natures , determined , that the one of them should presently fly out of macedon , and the other should run after him as fast as he could . you see then how very few there can be in the three kingdomes ( except those who possess great offices and estates from you , ( and even of those , many think themselves disobliged , by seeing others of less merit than they think themselves , more obliged ) who are without malice and revenge in their heart , and such a leaning and adhering to their several old interests , that nothing is wanting for the discovery thereof , but a fitting opportunity ; and you have declared that propension and disposition in them , to be crime enough to forfeit all that they have ; and you cannot wonder , if upon so fair warning , they prepare as well as they can , and at least good resolutions , for their own security . alas , sir , we know how little confidence you have in any of your old friends , who you believe will never heartily submit to a government they never intended to erect , and who have not sacrificed their wealth , their blood , and their peace , to suppress a royal family , accustomed by a succession of so many hundred years to command , and to be obeyed ; and to invest another , inferiour to most of our selves , in the same interest and power , and so ( to use your own expression ) to entail the quarrel , and prevent the means to reconcile posterity . you say , you will not in express tearms lay to the charge of the royal party , the swarming of those jesuits , which are now croaking amongst us , turning themselves into all forms and shapes , to deceive and seduce men from the truth . i wish we had not all too much reason to charge you in express tearms with what you will not , and no doubt cannot charge them . what liberty the priests and jesuits take , how far they prevail upon the people , what countenance they receive from this government , is apparent enough , by not proceeding against them in justice , as if no laws were in force for their punishment . your private negotiations with the pope , and your promises , that as soon as you can establish your own greatness , you will protect the catholicks ; and the insinuations that you will countenance them much further , are sufficiently known and understood ? and of their dependance upon , and devotion to you , there needs no evidence beyond the book lately written by mr. white , a romish priest , and dedicated to your favourite , sir kenelm digby , entituled , the grounds of obedience and government ; in which he justifies all the grounds and maxims in your declarations , and determines positively , that you ought to be so far from performing any promise , or observing any oath you have taken , if you know that it is for the good of the people , that you break it , albeit they foreseeing all that you now see , did therefore binde you by oath not to do it , that you offend against both your oath and fidelity to the people , if you maintain those limitations you are sworn to : and sure what you do , must be supported by such casuists . lastly , we know very well , how far you are from confiding in your own army , how jealous you are of many of the officers , and more of the common souldiers , and therefore that you raise those several little armies in the several counties , with which you hope to suppress or controul the standing armie upon any occasion , when the sense of their own and their countries miserable condition shall render it less devoted to you . and we likewise know , how in distrust of the whole english nation , you are treating to bring over a body of swisse to serve you , as the janizaries do the turk , and in order to controul your own army , as well as to reduce the people to an implicit obedience to your government . that most of the money which was collected amongst us for the poor protestants of the valley of lucern , is returned and applyed to the carrying on those levies ; and that many are already landed in england , and are now about london , upon pretence that they are to be sent to plant in ireland , whereas they are kept for the compleating those regiments which are every day expected to arrive : and then you have compleated your work , and brought the onely lasting calamity upon the kingdome , which you have hitherto forborn to do , and with which odious reproach you charged the counsels of the former times , onely for intending to introduce forreign forces . i cannot end this discourse , without taking notice of your so frequent mention throughout this declaration , and indeed upon all occasions in your ordinary conversation , of the continued assistance and presence of god in whatsoever you have gone about , of his gratious dispensations , and his visible hand manifested in your successes , and of his more than usual care and kindness towards you ; whereas if you would soberly revolve what is passed , and dispassionately consider and weigh your present condition , it may be you would finde your case so rare and wonderfull , that there have seldome been a people in the world who have had more reason to believe themselves to lye under the signal and terrible displeasure of god almighty , and against whom his vengeance is more manifestly threatned , than you at present have . you have had all the advantages , and all the successes , which you could ever propose and hope for , and some greater than you could hope for , and your perplexities and insecurity remains greater than before ; you have not an enemy in the three kingdomes , who stands in opposition of your power , or who indeed is owner of a sword to resist you , and yet you avow and discover such a proportion of fear , that new armies must be raised for your defence ; you have gotten all the wealth of the three kingdomes into your hands , and enjoy none , your wants and necessities being so great ; when you had little credit , and less interest to do good or harm , you had many friends , and few who hated you ; and now it is in your power to make great whom you please , and to destroy all whom you are angry with , your friends leave and forsake you ; and you are grown so universally odious , that you may say to those who adhere to you , as catiline did to his army , neque locus , neque amicus quisquam teget , quem arma non texerint . all your safety is in your army , and yet you fear that little less than your enemies . how many of those who bore parts with you in your darkest designs , have laid violent hands upon themselves , out of the conscience of their own wickedness ? and is not that curse in leviticus fallen upon the rest ? and upon them that are left alive of you , i will send faintness into their hearts in the lands of their enemies , and the sound of a shaken leaf shall chase them , and they shall flee , as fleeing from a sword , and they shall fall , when none pursues . can there be a greater slavery , than to be afraid of those whom you have subdued ? and hath not god delivered you , as he did those of judah and jerusalem , to trouble , to astonishment , and to hissing , as you see with your eyes ? so that in truth , setting aside the peace and tranquillity of minde , which must prepare the joyes of the next world for us , and considering meerly the delight and pleasure in this , into which some degree of reputation , the affection of some friends , and the fidelity of those we trust , are necessary ingredients ; i had rather be the most undone man that this declaration hath preyed upon , than my lord protector , or any one of his councel in whose names it is published . to conclude . as it is manifestly destructive to all the liberty and property of the people , and to the laws of the kingdome , by observation whereof alone those liberties , and that property can be preserved : so to common understanding it must be the most fatal instrument against your own interest and security , and make all men see how inconsistent theirs is with the government you have erected . you have pulled up parliaments by the roots , which are the onely natural security the nation can have against oppression and tyrannie , and which we thought we had exactly provided for by the triennial bill , and which will at present authorize the people to assemble and make their elections . you have cancelled all obligations of trust , and taken away all possible confidence from all men that they can ever enjoy any thing that they can call their own during this government ; and having so little pleasure left them in life , they will preferre the losing it in some noble attempt to free their country and themselves from the bondage and servitude they live under , to the dying ignobly in some loathsome prison , when you please to be afraid of them . do not value your selves upon the terrour you infuse into the people , by your frequent sacrifices of blood , and exposing their friends to them on scaffolds , and on gallows . remember that it is recorded of ann de burg , who was burnt in france in the year . upon matter of religion , that the death and constancy of a man so conspicuous , did make many curious to know , what religion that was , for which he had so couragiously endured punishment , and made the numbers increase exceedingly . trust me , you have gotten nothing by those spectacles , and men return from them more confirmed in their detestation of you , than terrified from any of their purposes towards you . and when the despair you have put them into shall make them consider , that as the misery , calamity , servitude and infamy under which the three kingdomes suffer , proceed entirely from you , so , that they will be determined with you . that the general hatred and detestation of you is such , that it is very probable that those noble patriots , whose spirits shall be raised to destroy you , shall not onely reap unutterable honour from it , but finde safety in it , either from the confusion that must instantly attend , or from the abhorring your memories in those that shall survive you . if they shall perish in or upon their attempt , what a glorious fame will they leave behind them ? what a sweet odour will their memories have with the present and succeeding ages ? statues will be erected to them , and their names recorded in those roles , which have preserved the bruti , the horatii , the fabii , and all those who have dyed out of debt to their country , by having paid the utmost that they owed to it ; their merits will be remembred , as those of the primitive martyrs , and their children and kindred will be alwayes looked upon as the descendants from the liberators of their country , and esteemed accordingly ; their fate will be like his in the son of syrach , if he dye , he shall leave a greater name than a thousand ; and if he live , he shall increase it . and all the peace , tranquillity , splendor and glory , which the kingdomes shall hereafter enjoy , which will be the greatest that any nation in europe hath been possessed of , in the awe and dread their enemies will have of them , in the reverence of their friends , and the full veneration of all the world , will still be imputed and attributed to those heroick spirits , the authors of this first deliverance . and besides the preventing that deluge of blood , with which the land will be otherwise overwhelmed , by this means the nation will be restored to the honour it hath lost , by freeing it self , without any forreign help , from that miserable condition , into which we are fallen by our own meer folly and madness . and they that come after him shall be astonished at his day , as they that went before were affrighted , job . . finis . notes, typically marginal, from the original text notes for div a e- matth. . . deut. . . joseph , lib. . c. . sam. . . full . ho , war , ●… . pag. . cooks pleas of the crown fol. . salust . pag. . plut. vitâ timol . liv. li . . cooks pleas of the crown , fol. . liv. lib. . grot. de jure bel. & pacis wisdom . . cant. . . plutar. vitâ sol. kings . . lo. cook jurisd. . of co. fol. . hist. conc. tr. fol. . vit. phil. pag. . pag. . salust . lev. . . chron. . . ecclesiastic . . . to the right honourable, the lords and commons in parliament assembled, the humble petition of the gentry, ministers, free-holders, and other substantiall inhabitants of the county of york. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing t ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing t estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) to the right honourable, the lords and commons in parliament assembled, the humble petition of the gentry, ministers, free-holders, and other substantiall inhabitants of the county of york. england and wales. parliament. sheet ([ ] p.). imprinted at york, and reprinted at london for richard lownes, [london] : june . . reproduction of original in the henry e. huntington library. eng yorkshire (england) -- history. great britain -- politics and government -- - . broadsides -- england -- th century. a r (wing t ). civilwar no to the right honourable, the lords and commons in parliament assembled, the humble petition of the gentry, ministers, free-holders, and othe [no entry] c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - elspeth healey sampled and proofread - elspeth healey text and markup reviewed and edited - pfs batch review (qc) and xml conversion ¶ to the right honourable , the lords and commons in parliament assembled , the humble petition of the gentry , ministers , free-holders , and other substantiall inhabitants of the county of york . sheweth , that they cannot be affraid , themselves , or any other shall inour your displeasures for declaring their just feares in an humble way , or representing that these generall distractions have a more powerfull influence and operation upon this particular county , than upon any other member , or part of this kingdom , whereby for divers years last past it hath endured the miseries which inevitably follow armies , paying neverthelesse taxes and subsidies , equally to other counties which have been free from those burdens and pressures , and have besides laid out great sums of money for billiting souldiers ( whereof a very small part is hitherto re-imbursed ) to the great exhausting the whole county , and ruine of divers persons and families : yet the discontented retirement of his majestie from you his great councell , and the different commands since severally issuing and proceeding , especially concerning the militia , which distracts the mindes of all who desire to build up their obedience upon a sure and knowne foundation , and the great distaste his majestie takes to have a garrison , without his allowance , kept so neer his sacred person , and the many inconveniences which may from thence arise to this county , doe make us already sensible of more dangerous effects than have hitherto befallen us ; especially seeing thereby trade and commerce ( the very subsistence of this county ) which hitherto staied in all the late noise of armes and tumults , is now driven away and frighted from among us , whereby we suffer before hand the ruinous consequences of a reall war , and from thence apprehend the greatest of calamities to follow , unlesse gods blessing and a speedy union doe happily prevent them from the sense of those imminent mischiefes , and consideration of his majesties expressions of his good intentions and endeavours for peace and a right vnderstanding , we are bold in all humility to pe●ition , that a timely remedy may be applyed , lest our disease grow desperately past cure , without such applications as may endanger the vitall spirits of the kingdom : that since your selves have declared his maiesties absence to be the main hinderance of this necessary work , and his maiesty expressed his willingnesse to return when you shall give life to the laws of the land , for his security against tumults ; that his maiesty may receive such assurance , for his secure residing in all places , and such invitations as may allure his abode with you , his great councell ; that such a due regard may be had for the reparation of his maiesties honour , as well in this unfortunate businesse of hull , as ( where it hath in any sort beene blemished , and where he may iustly expect it ) together with the safety of the kingdom , as may evidence to all the world , that nothing is dearer to us then the security and glory of our king and kingdom , whose honour and reputation , both at home and abroad , must stand and fall together ; that his maiesties gracious message of the twentieth of ianuary ( which your selves then so termed , and gave humble thanks for ) as also his others since his retirement , may be taken into such serious consideration , as may give hopes to all good subjects of an effectuall concurrence : that we may not be distracted by contrary commands , but that the known law of the land , which we humbly conceive is the fundamentall liberty of the subiect , and no arbitrary government may be the rule of our obedience , and the guide and determiner of all our actions and differences : and we , according to our allegiance , shall be ready to maintain his maiesties royall person , crown , and dignity , his iust rights and prerogative , together with the lawfull priviledges of parliament , the just liberty of the subject , the true protestant profession , and the peace of the land . and your petitioners shall ever pray , &c. imprinted at york , and reprinted at london for richard lownes , june . . a letter to a member of the convention of states in scotland by a lover of his religion and country. sherlock, william, ?- . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing l estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a letter to a member of the convention of states in scotland by a lover of his religion and country. sherlock, william, ?- . p. s.n.], [edinburg : mdclxxxix [ ] place of publication suggested by wing. reproduction of original in the harvard university library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng james -- ii, -- king of england, - . great britain -- history -- revolution of . great britain -- politics and government -- - - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - john latta sampled and proofread - john latta text and markup reviewed and edited - pfs batch review (qc) and xml conversion a letter to a member of the convention of states in scotland by a lover of his religion and country . printed in the year mdclxxxix . a letter to a member of the convention of states in scotland sir , i had fully determined not to encrease the number of these scriblers , who now a dayes fill the press , with every little product of their empty brain : and lov'd better to please my self with reading other mens opinions ; than hazard my own to the censure of the world. but when i consider the great heats and animosities , among all sorts of people , and the vast pains that some violent men are at , to throw us back into a thousand worse miseries , than these from which god has most graciously delivered us : the duty i owe to my religion , to my country , and the particular freindship i bear to you , will not suffer me any more to be silent . you are now called together , sir , by his highness the prince of orange , to consult and deliberate , what methods will be most proper to secure our religion , laws and liberties ; in order to which , the first thing that will fall under your consideration , is the setling the soveraign power . i take for granted , that you are fully convinced , that k : iames the th : by his many violations of the fundamental laws , by his endeavouring to establish a despotick and arbitrary povver , and introduce popery , ( tho he himself had confirmed all the laws that were enacted in favours of the protestant religion , ) has thereby subverted the constitution , and that our miseries might have no redress from him , has left us in a time when we needed his protection most . the eyes of all europe are upon you , and it is in your power to make your selves and your posterity either happy or miserable ; by making a choise either to call back the same king iames , and hazard once more all that men account dear , to his mercy , or to settle the government on some other , under whom you may live quiet and peaceable lives , without the perpetual terror of being swallowed up by popery and arbitrary government , which all good men hoped were now quite banished , and yet behold a new off spring is sprung up , which plead eagerly for both , tho' under the mistaken names of duty and allegiance ; it 's strange that any man can so far degenerate , as to prefer slavery to liberty , and that they should be so much in love with chains , that when they were fairly shaken off , they should run furiously to be fettered again ; as if the ottoman and french government were so charming in our countrey that we cannot not live without it , tho' we have so lately groaned under the dismal burden of it : and it might have been supposed that even these who had been instrumental in enslaving their fellow-brethren , and were grown fat with sucking in the nations blood ; would have taken another method to reconcile themselves , than by perswading us to purchase their safety , at so vast an expence as the ruine of more than three parts of the nation will necessarly amount to . do but a little reflect sir , on the motives which these men ( blinded by self interest ) make use of , to delude the nation into a security , that wanted very little of proving fatal to it , and compare them with the strong reasons , we have to disswade us from being so imposed on , and they will be found so weak , and impertinent , that you must judge it next to impossibility , to suffer our selves to be twice deceived . but if the experience of our former miseries , so lately hanging over our heads , ( the very thoughts of renewing which make all good men to tremble ) has not made us wiser , and be not of efficacy enough , to deterr us from venturing another shipwrack , and exposing all again to the discretion of a roman catholick ; it 's more than probable that god has abandoned us , and given us up to believe strong delusions . first , sir , they will endeavour to perswade you , that kings are eximed from punishments here on earth , and nothing they do can be quarrelled by their subjects ; which indeed might with some reason be urged among the turks , who reserve nothing from the power of their sultans and where its death to dispute his commands , tho' never so arbitrary and tyrranical : but with what impudence can such stuff be imposed on us , who never admit our kings to the government , till they swear to rule us according to lavv and no otherways ? the lavvs are the only security we have for our lives and properties , which if our soveraign subvert , subjects cannot be blamed , for making use of the ordinary means to preserve them , and since that cannot be done without withdrawing obedience from such a magistrate as goes about to destroy them , such an act cannot properly be said to punish him , ( because we take nothing from him to which he has a just claim ) but do only shun the occasion of making our selves miserable . the speculative doctrine of passive obedience , has done too much mischief among us , and what has befallen the king may be justly imputed to it , for the believing that without opposition he might do what he pleased , encouraged him to take such measures as have drawn all these misfortunes on him . secondly , others are so fond as to believe , that we may be secure in calling the king back , providing they so limit him , that it will not be in his power to hurt us : these men do not consider , how small a complement this is to a man of the kings temper , from an absolute prince as he was pleased to fancy himself , to content himself with the bare title of a king , and how insupportable the change must be , if from being master of all , he must force himself to comply with a thousand masters and see his throne become his prison . but how airy is it to fancy , that any restrictions of our contrivance can bind the king. for st . it 's most certain they can never be voluntary , and what is constrained and done by force , is by lavv declared to be void and null ; to whose assistance the popes dispensing power being joined , would quickly blow off these samson-cords , and the royal power would again revive with all its vigour and lustre . secondly , the king is of a religion that has in a famous council decreed , that no faith is to be kept with hereticks , much less with subjects whom he looks upon as so many rebels , and will not miss to treat them as such , when ever they give him the opportunity of doing it , for his greatest admirers do not runn to that height of idolatry , to imagine him so much angel , as not to take all methods to revenge so great an affront , and secure himself at our cost from such a treatment for the future , the apprehension of which resentment , will strike such terror in mens minds , that nothing will be capable to divert them , from offering up all for an atonement , and popery and slavery will be thought a good bargain , if they can but save their lives : then we may lament our miseries , but it will not be in our power to help them , for a prince of orange is not alwayes ready to rescue us , with such vast expence and so great hazard to his person , and if our madness hurry us so far , we deserve rather his pity than his resentment . thirdly , what argument has the king given since he left us , to perswade us he will be more faithful in observing his words and oaths , than hitherto he has been ? does he not in a letter lately printed here , expresly say he has ruled so , as to give no occasion of complaint to any of his subjects ? is not the same letter signed by one , who sacrificed both conscience and honour to interest , whose pernicious and head-strong councils has posted him to his ruine , tho all that has been done cannot make him sensible of it ? sure the reducing hereticks to the see of rome , is not less meretorious than before , nor king iames the th . by breathing the french air a little become less bigot , it were a dream to fancy it ; for so long as the vatican thunders excommunications , against all such as do not use their outmost endeavour to extirpate heresie ; a roman catholick must have no religion at all if they be not terrible to him . the third argument they make use of to perswade such as are , and shall be chosen members of the convention , that it 's their interest to call back the king , is that the peace and happiness of the nation , cannot be otherways secured , nor factions or divisions extinguished ; but what factions sir do you observe , but such as they themselves do foment on purpose , to disturb our harmony ? all which would immediately die , if the government were once setled on these who deserved it best , for then if these fopps continued still fond of popery and tyranny , they would be chastised , as disturbers of the publick peace . the argument may very justly be retorted , for if the king return wee will burst out into a flame , and england which has already declared , will quickly be on our top , an enemy too potent and too numerous for us , tho we were all united , besides the danger to which such a procedure will expose us , we cut off all hopes of an union with that nation , and thereby deprive our selves of an unspeakable advantage , which would redound to all sorts of people , and would be the only means to support an impoverish'd and sinking nation . neither is this the only inconveniencie , tho it be a very great one , for if we state our selves in opposition to england , by restoring the king whom they rejected , it is not to be doubted but he will use his outmost endeavour to recover that kingdom the loss of which is so considerable . now seeing it were vain to suppose that the scots alone were able to second his desires , he must needs have recourse to the french and irish , whose religion will procure a more entire confidence , than his majesty can repose in any others . these therefore must be received into our bosome , and because scotland is the most proper place , for invading england , it must be the scene of all the blood and confusion that this melancholly thought gives us a prospect of . the happy success the prince his enterprise has met with , has made a considerable alteration in the affairs of europe , for that great enemy of the protestants and even of christianity it self , who had propos'd nothing less to himself than an vniversal monarchy , whom the strictest leagues and contracts cannot bind , but without regard to god or man , threatens all his neighbours with utter desolation ; by the scen's being changed among us , is so far humbled that from a proud and insulting enemy , he is become a supplicant for peace , well fore-seeing that if britain join with those other princes , whom his insolence , cruelty , and avarice , has so justly armed against him , his ruine is inevitable ; so that if we have not soul enough to enjoy this great blessing , and can easily part with the glory of being once more the arbiters of europe , let us at least have so much christian love and charity , for the neighbouring nations of our own perswasion , as not to expose them to a necessary participation of these plagues , which our common enemies are prepraing for us , and which will certainly terminat in all our destructions . lastly , sir , i beseech you to consider what persons they are who would instill this poyson in you , and you will find them of three kinds , first those who postponeing the common good of the nation , are wholly acted by self interest , considering that in a government where iustice and mercy equally flourish , vertue and merit , not villany will be rewarded . dly . they who are ignorant of the nature of government , and were never at the pains to inform themselves what measures the lavv of nature , and nations , have set to mens obedience , but are angry at every thing that thwarts their wild notions , and will admit of nothing tho' never so reasonable and convincing , if their dull capacities cannot reach it . the d. sort are such as have been instrumental in enslaving their countrey , and are afraid if they be called to an account , they may be brought to suffer condign punishment , if such cannot succeed in their design they at least hope to be overlookt in a general confusion , so they leave nothing unessayed that may tend to their own safety ; and if heaven fail them , they summond hell to their aid , not that love to their prince but meer ambition and interest , drives these criminals to such attempts , neither are they much to blame , if they are at such pains to sow divisions among us : but no person of your witt and iudgement nor any good man that is truly protestant and minds the good of his country , will suffer himself to be so grosly imposed on by such fire-brands , who would build their future imaginary greatness , on the ruine of our religion , laws and countrey . sir , your humble servant . six important quæres, propounded to the re-sitting rump of the long parliament, fit to be satisfactorily resolved by them upon the question, before they presume to act any further, or expect the least obedience from the free-born english nation, after so manie years wars and contests for the privileges, rights, and freedom of parliaments, and their own liberties. prynne, william, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing p thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) six important quæres, propounded to the re-sitting rump of the long parliament, fit to be satisfactorily resolved by them upon the question, before they presume to act any further, or expect the least obedience from the free-born english nation, after so manie years wars and contests for the privileges, rights, and freedom of parliaments, and their own liberties. prynne, william, - . sheet ([ ] p.) s.n., [london : ] anonymous. by william prynne. imprint from wing. identified as wing p a on umi microfilm "early english books, - " reel . annotation on thomason copy: "w.p:"; "xber [i.e., december]. . ". reproductions of the originals in the british library (thomason tracts), and the harvard university library (early enlgish books, - ). eng england and wales. -- parliament -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no six important quæres, propounded to the re-sitting rump of the long parliament, fit to be satisfactorily resolved by them upon the question, prynne, william c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion six important quaeres , propounded to the re-sitting rump of the long parliament , fit to be satisfactorily resolved by them upon the question , before they presume to act any further , or expect the least obedience f●om the free-born english nation , after so manie years wars and contests for the privileges , rights , and freedom of parliaments , and their own liberties . . whether their sudden stealing into the house by night , on monday the . of december after their forced dissolution by lambert , octob. . without any new summons or notice of their sitting given to any of their fellow-members , in the city , or people of the nation ; was not a work of darkness , rather than of light , better beseeming theeves than freemen , a guy faux with his dark lanthorn to blow up a parliament , than the honour and dignity of members of a real english parliament , and a bad omen of some dark d●signs against their fellow-members , and liberties both of the city and english nation ? . whether their placing armed gards that evening at the house , and all approaches to it and the next morning too , and giving colonel okey , and colonel alured ( the commanders of their gards ) their serjeant and door-keepers , strict special commands and orders , not to suffer any of the old secluded members so much as to come into the outward lobby before the house , ( whether footboys , apprentices , and other persons of all sorts had free access , ) much lesse to enter into the house ; and their forcible secluding of sir gilbert gerard , sir anthony irby , sir william waller , sir john evelin , mr. ansl●y , serjeant maynard , mr. prynne , and . other members more on tuesday morning , decemb. . out of the very lobby , in pursuance of their orders , till they crowded into the lobby by degrees against the door-keepers , and gards wills , who at first oft shut the doors against them , though they admitted apprentices , and others to pass in and out : and their seclusion of them out of the house when in the lobby , by keeping the house door fast locked against them , and ordering the door-keeper and serjeant not to open it , notwithstanding many demands to open it , and messages to them for that purpose , which they slighted ; not vouchsafing to take any notice of , after two full hours attendance by the members on them in the lobby ; nor so much as sending any member , nor their serjeant out to them ; as they usually do to every ordinary petitioner , or person attending them upon publick or private occasions ; be not a just ground and provocation for these and all other secluded members , ( being about . times more in number and interest to those then sitting , and the real house of commons , ) with all the respective counties , cities , boroughs , ports for which they serve , with as high contempt and scorn to neglect them and their illegal conventicle , ( not the tenth part of a commons house , ) to protest against all their votes , proceedings as null and void to all intents , and not to yield the least obedience to any orders , votes , or commands of theirs , till all the members be freely admitted without any restrictions , to sit and act amongst them ; it being both their privile●e , birthright , and inheritance , and they obliged by their protestation , and solemn league and covenant , constantly , zealously and chearfully to defend the same with their lives and estates against all violations , all the daies of their lives ; and therefore now if ever , in this sad posture of publick distractions ? . whether this their disdainfull , uncivil , unbrotherly treating of their fellow-members ( desiring nothing else but a brotherly association with them , to compose the manifold distractions , and make up the wide breaches of our sinking , dying nations , by their united councils and endeavours , and to regulate all exorbitances , occasioned by their heady councils and miscariages ) in not allowing them the privileges of porters and footboyes to enter into their outward lobby , in taking no notice of them , and putting this fresh affront upon them , after so many former indignities , in the midst of their and our domestick confusions and fears from forein parts , be not an evident demonstration ; that they intend neither the publike peace , unity , nor settlement of our government , laws , liberties , or nations , but their unjust support of their own private interests , rapines , ambitious tyrannical usurpations and exercises of supreme parliamentary civil and military authority over our three nations ; to imbroyl them in new wars and confusions , to prey upon the small remainder of their real and personal estates , by the power of the sword , now gotten into their hands , out of the army-officers ; who abused it likewise to the oppressing and enslaving of the people , and created them a parliament without the secluded members , and house of peers ? . whether their disdainfull , injurious forcible seclusion of the members , by their own special orders and commands to their gards and officers now , be not a shrewd evidence , that their former seclusions , decemb. . and . . and may . and . . ( acted by , and fa●●●red on the army-officers , and seemingly disowned by themselves ) were secretly procured & countenanced by them , thus openly owning their last seclusion , by their precedent orders and subsequent approbation of it ; and that at their very first re-assembling , after their own late forcible seclusion , by lamberts and hewsons regiments , now entertained and imployed in their service , to seclude , and keep out their old honest fellow members , of untainted integrity and merit ? whether it be not a greater breach of privilege , trust , duty , tyranny , perjury , and treason in them , against all former declarations , the protestation , solemn league and covenant , taken and subscribed by them , with hands lifted up to the most high god , thus to seclude their fellow members ; than it was in cromwell and harrison , april . . or for lambert october . last to seclude and turn themselves out of doors , after their declaring and voting it treason , perjury and tyranny in them ? whether this their secluding of the members by col. okey himself , and others who appeared most active against their exclusion by lambert , will not draw a self-condemnation on them , as acting by their commands , against their consciences ; and justify both cromwels and lamberts seclusion of themselves ? and justly encourage all their newly reduced soldiers and others , to shut and turn themselves out of the house again upon any emergent occasion or discontent , with greater boldness and impunity than before , since they justified their last seclusion , by their former underhand encouragements of them to seclude the majority of the members , who over-voted them in decemb. . and give them orders to seclude them now again upon the same account in the same month of december , for fear they should over-vote them if re-admitted ? . whether their printed vote , decem. . to take the business of their absent members into debate on the . of january next ; instead of giving admittance , or any answer to the . secluded members waiting for an answer in the lobby above . hours , be not a meer dilatory cheat put upon the secluded members , the city of london , and whole nation ; to delay their admission till they have put new gards on , and drawn up all their forces to london , to over-awe the city , and hinder their long-delayed militia for their own security ; and setled the militia of every county under their own commands , to enslave the whole city and nation to their tyranny and usurped parliamentary power ; and then they will not only forcibly keep out all the members , but absolutely eject them , unlesse they will take their new oath and ingagement : as is evident by their speakers prohibiting the lord maior and common council on saturday last to set up their chains and settle their militia ; and their order and vote on munday night against all forces raised without their order , to hinder the militia in the city , when they commanded the militia in the suburbs and westminster to meet and act that day : and by some of their discourses 〈◊〉 secluded members ; that there was no hopes of their admission , unlesse they were for a commonwealth , would take the ingagement , and confirm what they had done : and thereby become as guilty , treacherous , perfidious , disloyal , and hurtfull to the publike as themselves ) which those members assured them , they would never submit to , being against the privilege of parliament , their judgements , consciences , protestation , covenant , former oathes upon their first admission as members . . whether the city , or english nation , can expect the least justice ease or redresse of their insupportable burdens , taxes , and impositions from these new tax-masters , who ( though they are not yet the tenth part of a full commons house ) presumed to pass and print a new act of parliament , to continue their expired customs and excises on them , till march next ? whether their unpresidented presumption ▪ in arrogating to themselves the title , power and authority of a parliament ; when all laws , and lawbooks resolve , their own consciences and the whole nation infallibly know them to be no parliament , nor commons house , hath not brought them within the compasse and penalty of this clause in their own last act , before their dissolution by lambert , october . intituled , an act against raising of money upon the people without their consent in parliament : and be it further enacted , that no person or persons shall after the . of october , . assess , levy , collect , gather or receive , any customs , imposts , excise , assessment , contribution , tax , tallage , or any sum or sums of money , or other impositions whatsoever , upon the people of this commonwealth , without their consent in parliament , or as by law might have béen done before the third of november , . and be it further enacted and declared , that every person offending against this act , ( therefore every of themselves who passed this new act , decemb. . and those who shall put it in execution ) shall be and are hereby adjudged to be guilty of high treason , and shall forfeit and suffer as in case of high treason . whether the people of this commonwealth ( the thousand part whereof knew not of their new sitting ) did ever consent to this sudden extemporary new act , made the first morning of their sitting in lesse than two hours space , when there were but . members in the house ; . secluded members at the door , and near . more members yet living , ( besides the whole house of lords , who must stand for cyphers ) absent , and not privy to their session , or this act ? if not , ( as is unquestionable ) whether by this their own law and act , they be not adjudged to be guilty of high treason , and to forfeit and suffer as in case of high treason , for this their imposing and continuing of customs and excises on the people ; as well as for their seclusion of their members ; which they voted to be treason in lambert ? and whether the offices and common soldiers can upon this acccount expect any pay from the city or country , or indemnity for secluding those now sitting , if they offend again in secluding the greatest part of the members , which are in truth the only house , which can only really pay and indemaifie them ? be it ordained by the lords and commons in parliament assembled, that all monies upon bonds entred into the court of wards and liveries or due by composition before the late ordinance or vote passed both houses for taking away the said court, and likewise all rents due before the date of the said late vote or ordinance, shall be received according to the directions of an ordinance of parliament for due and orderly receiving and collecting of the kings, queenes, and princes revenue, and the arrears thereof, bearing date the one and twentieth day of september, . england and wales. parliament. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing e ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) be it ordained by the lords and commons in parliament assembled, that all monies upon bonds entred into the court of wards and liveries or due by composition before the late ordinance or vote passed both houses for taking away the said court, and likewise all rents due before the date of the said late vote or ordinance, shall be received according to the directions of an ordinance of parliament for due and orderly receiving and collecting of the kings, queenes, and princes revenue, and the arrears thereof, bearing date the one and twentieth day of september, . england and wales. parliament. broadside. printed at london for john wright ..., [london] : . at head of page: die lune, . septemb. . signed: jo. brown cler. parliamentorum. h. elsyng cler. parl. d. com. reproduction of original in the harvard university library. eng england and wales. -- court of wards and liveries. great britain -- history -- civil war, - . great britain -- politics and government -- - . a r (wing e ). civilwar no die lune, . septemb. . be it ordained by the lords and commons in parliament assembled, that all monies upon bonds entred into the cou england and wales. parliament a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion die lune , . septemb. be it ordained by the lords and commons in parliament assembled , that all monies upon bonds entred into in the court of wards and liveries , or due by composition before the late vote or ordinance passed both houses for taking away the said court , and likewise all rents due before the date of the said late vote or ordinance , shall be received according to the directions of an ordinance of parliament , for the due and orderly receiving and collecting of the kings , queenes , and princes revenue , and the arrears thereof , bearing date the one and twentieth day of september , . and all persons whatsoever that doe owe any monies , or rents by bond , or otherwise entred into , or payable in the said late court of wards and liveries , before the date of the said late vote or ordinance , are hereby required to pay the said rents and monies unto charles fleetwood esq the receiver thereof , or to the receiver thereof for the time being , who is hereby required and authorised to give such acquittance , or acquittances , or discharges for the same as legally he ought or might have done , if the said late vote or ordinance for taking away the said court had not been passed . and it is hereby further ordained , that the said acquittance , or acquittances , or discharges so given , or to be given by the said receiver as aforesaid , shall be good and sufficient in law to all intents and purposes to all , and every person and persons which shall pay in any rents , or other monies to the said receiver for every such summe and summes of money as shall be paid in by them as aforesaid ; and that the parties paying in the same shall be respectively saved harmelesse , and kept indempnified for or by reason of the respective rents , or summes of money paid , or to be paid , as aforesaid . and in case all , every , or any of the persons that owe monies by bond , or otherwise in the said late court of wards and liveries , doe refuse or neglect to pay the severall and respective summes of money by them due to the said receiver , then processe shall issue out of the court of exchequer for the same , in such manner as is usuall for other his majesties rents and debts ; and the barons of the exchequer , officers , and other ministers thereof whom it may concerne , are hereby required and authorised to issue processe accordingly ; and the sheriffes and other officers concerned are at their perill to execute the same , and pay the monies leavied respectively to the said receiver in like manner , as payments have been made upon processe in like kinde heretofore issued forth of the said late court of wards ; and the severall officers and ministers of the said late court of wards and liveries respectively whom it may concerne are hereby authorised , required , and commanded from time to time according to the directions of the said committee for the revenue , to deliver such schedule and certificates of the rents , fines , compositions , or other monies in the late court of wards and liveries upon bonds entred into , or due before the said late vote or ordinance as thereunto they shall be required ; together with all such bonds for the same as remaine in their hands , or in the hands of any of them ; and in case any difference or just exceptions shall arise touching the severall and respective rents , debts , compositions , or other monies aforementioned , then the hearing and determination thereof shall be referred to the court of exchequer , who by vertue of this ordinance shall have power to give reliefe in law and equity , in such manner as the court of wards might have done before the taking away of the same . and it is hereby lastly ordered and ordained , that all and every person and persons acting by authority of this present ordinance , shall by power of parliament be saved harmelesse and indempnisied , for whatsoever they shall respectively doe in persuance and direction thereof . jo. brown cler. parliamentorum . h. elsyng cler. parl. d. com. printed at london for john wright , at the kings head in the old bayley . . new-babels confusion. or, severall votes of the commons assembled in parliament; against certain papers, entituled, the agreement of the people for a firm and present peace upon grounds of common right. delivered to them in the name of all the freeborn people of england. ordered by the commons assembled in parliament, that these votes be forthwith printed and published. h. elsynge, cler' parl' d. com'. england and wales. parliament. house of commons. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing p thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) new-babels confusion. or, severall votes of the commons assembled in parliament; against certain papers, entituled, the agreement of the people for a firm and present peace upon grounds of common right. delivered to them in the name of all the freeborn people of england. ordered by the commons assembled in parliament, that these votes be forthwith printed and published. h. elsynge, cler' parl' d. com'. england and wales. parliament. house of commons. prynne, william, - . p. printed for edward husband, printer to the honourable house of commons, ; and re-printed for michael spark at the blue-bible in green-arbor, london : . compiler's introduction signed: william prynne. excerpts from the proceedings of the commons, nov.-dec. . first published in , without prynne's note, as: several votes of the commons assembled in parliament, against certain papers delivered in to them in the name of all the freeborn people of england. annotation on thomason copy: "jan: . .". reproduction of the original in the british library. eng agreement of the people for a firme and present peace, upon grounds of common-right and freedome. great britain -- history -- civil war, - -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason e _ ). civilwar no new-babels confusion. or, severall votes of the commons assembled in parliament; against certain papers, entituled, the agreement of the peo england and wales. parliament. c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - jonathan blaney sampled and proofread - jonathan blaney text and markup reviewed and edited - pfs batch review (qc) and xml conversion new-babels confusion . or , severall votes of the commons assembled in parliament ; against certain papers , entituled , the agreement of the people for a firm and present peace upon grounds of common right . delivered to them in the name of all the freeborn people of england . ordered by the commons assembled in parliament , that these votes be forthwith printed and published . h. elsynge , cler' parl ' d. com' . london , printed for edward husband , printer to the honourable house of commons ▪ ; and re-printed for michael spark at the blue-bible in green-arbor , . reader , peruse the ensuing votes , and then subscribe the new intended representative , or agreement of the people , without perjury and breach of covenant , if thou canst ; being thrice by the house of commons , and once by both houses adjudged and declared to be destructive to the being of parliaments , and to the fundamentall government of the kingdom , which thou both by the protestation , and solemn league and covenant art obliged inviolably to maintain : and no lesse then high treason , as was adjudged this very parliament by both houses , in the cases of strafford and canterbury , who lost both their heads for endeavouring to subvert the liberties and freedom of parliaments , and the fundamentall government of the kingdom : of whose treasons these must certainly be more deeply guilty , who shall promote and set up this agreement , after these votes of both houses against it . william prynne . die martis , novemb. . a paper directed , to the supreme authority of the nation , the commons in parliament assembled , and styled , the just and earnest petition of those whose names are subscribed , in behalf of themselves and all the free born people of england ; together with a printed paper annexed , entituled , an agreement of the people for a firm and present peace , upon grounds of common right , were read . resolved , &c. that the matters contained in these papers , are destructive to the being of parliaments , and to the fundamentall government of the kingdom . resolved , &c. that a letter be sent to the generall , and these papers inclosed , together with the vote of this house upon them : and that he be desired to examine the proceeding of this business in the army , and return an accompt hereof to this house . die martis , novemb. . a petition directed , to the supreme authority of england , the commons in parliament assembled , and entituled , the humble petition of many free born people of england , sent in a letter directed to mr. speaker , and opened by a committee thereunto appointed was read the first and second time . resolved upon the question , that this petition is a seditious and contemptuous avowing and prosecution of a former petition and paper , annexed , styled , an agreement of the people , formerly adjudged by this house , to be destructive to the being of parliaments , and fundamental government of the kingdom . resolved , &c. that thomas prince cheesemonger , and samuel chidley , be forthwith committed prisoners to the prison of the gatehouse , there to remain prisoners during the pleasure of this house , for a seditious and contemptuous avowing and prosecution of a former petition and paper annexed , stiled , an agreement of the people , formerly adjudged by this house , to be destructive to the being of parliaments , and fundamental government of the kingdom . resolved , &c. that jeremy ives , thomas taylor ▪ and william larner , be forthwith committed to the prison of newgate , there to remain prisoners during the pleasure of this house , for a seditious and contemptuous avowing and prosecution of a former petition and paper annexed , styled , an agreement of the people , formerly adjudged by this house to be destructive to the being of parliaments , and fundamentall government of the kingdom . resolved , &c. that a letter be prepared and sent to the generall , taking notice of his proceedings in the execution , according to the rules of warre ( of a mutinous person ) at the rendezvouz near ware , and to give him thanks for it ; and to desire him to prosecute the examinations of that business to the bottom , and to bring such guilty persons as he shall think fit , to condign and exemplary punishment . resolved , &c. that the votes upon the former petition and agreement annexed , and likewise the votes and proceedings upon this petition be forthwith printed and published . h. elsynge , cler' parl ' d. com' . after this both houses of parliament by an ordinance of decemb. . . concerning the choosing of common-councel-men and other officers of the city of london , ordained , that no person whatsoever who hath continued , abetted , or perswaded or entred into that engagement , entituled , the agreement of the people , declared to be destructive to the being of parliament , and fundamentall goernment of the kingdom ; shall for the space of one whole year , to be accompted from the of december , . be elected , chosen , or , put into the office or place of lord major of the city of london , or of alderman , sheriff , deputy of a ward , or common-councel-man of the said city , nor shall have voice in the election of any such officers . these votes and ordinances were passed whiles the eleven members , and most of the presbyterians were secluded and absent from the house , by lievtenant general crumwel , ireton , and the independent-party , who now endevour to set up that very agreement , which they then thus deemed and censured . william prynne . finis . mr. john miltons character of the long parliament and assembly of divines in mdcxli omitted in his other works and never before printed ... character of the long parliament and assembly of divines in mdcxli milton, john, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing m estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : or : ) mr. john miltons character of the long parliament and assembly of divines in mdcxli omitted in his other works and never before printed ... character of the long parliament and assembly of divines in mdcxli milton, john, - . [ ], p. printed for henry brome ..., london : . copy at reel : (m ) erroneously identified as "mr. john m. hons character of the long parliament", supposedly by sir james tyrrell, with wing no. t . reproduction of originals in the huntington library and the union theological seminary library, new york. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- parliament. westminster assembly ( - ) great britain -- politics and government -- - . - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion m r john miltons character of the long parliament and assembly of divines in mdcxli . omitted in his other works , and never before printed , and very seasonable for these times . london : printed for henry brome , at the gun at the west-end of st. pauls , . to the reader . the reader may take notice , that this character of mr. miltons was a part of his history of britain , and by him designed to be printed : but out of tenderness to a party , [ whom neither this nor much more lenity has had the luck to oblige ] it was struck out for some harshness , being only such a digression , as the history it self would not be discomposed by its omission : which i suppose will be easily discerned , by reading over the beginning of the third book of the said history , very near which place this character is to come in . it is reported ( and from the fore-going character it seems probable ) that mr. milton had lent most of his personal estate upon the publick faith ; which when he somewhat earnestly and warmly pressed to have restored [ observing how all in offices had not only feathered their own nests , but had enricht many of their relations and creatures , before the publick debts were discharged ] after a long and chargeable attendance , met with very sharp rebukes ; upon which at last despairing of any success in this affair , he was forced to return from them poor and friendless , having spent all his money , and wearied all his friends . and he had not probably mended his worldly condition in those days , but by performing such service for them , as afterwards he did , for which scarce any thing would appear too great . mr. john miltons character of the long parliament in . of these who sway'd most in the late troubles , few words as to this point may suffice . they had arms , leaders , and successes to their wish ; but to make use of so great an advantage was not their skill . to other causes therefore , and not to the want of force , or warlick manhood in the britains , both those , and these lately , we must impute the ill husbanding of those fair opportunities , which might seem to have put liberty so long desired , like a bridle into their hands . of which other causes equally belonging to ruler , priest , and people , above hath been related : which , as they brought those antient natives to misery and ruine , by liberty , which , rightly used , might have made them happy ; so brought they these of late , after many labours , much blood-shed , and vast expence , to ridiculous frustration : in whom the like defects , the like miscarriages notoriously appeared , with vices not less hateful or inexcusable . for a parliament being call'd , to redress many things , as 't was thought , the people with great courage , and expectation to be eased of what discontented them , chose to their behoof in parliament , such as they thought best affected to the publick good , and some indeed men of wisdom and integrity ; the rest , [ to be sure the greater part , ] whom wealth or ample possessions , or bold and active ambition [ rather than merit ] had commended to the same place . but when once the superficial zeal and popular fumes that acted their new magistracy were cool'd , and spent in them , straight every one betook himself , setting the common-wealth behind , his private ends before , to do as his own profit or ambition led him . then was justice delayed , and soon after deny'd : spight and favour determined all : hence faction , thence treachery , both at home and in the field : every where wrong , and oppression : foul and horrid deeds committed daily , or maintain'd , in secret , or in open . some who had been called from shops and ware-houses , without other merit , to sit in supreme councels and committees , [ as their breeding was ] fell to huckster the common-wealth . others did thereafter as men could sooth and humour them best ; so he who would give most , or under covert of hypocritical zeal , insinuate basest , enjoyed unworthily the rewards of learning and fidelity ; or escaped the punishment of his crimes and misdeeds . their votes and ordinances , which men lookt should have contained the repealing of bad laws , and the immediate constiturion of better , resounded with nothing else , but new impositions , taxes , excises ; yearly , monthly , weekly . not to reckon the offices , gifts , and preferments bestowed and shared among themselves : they in the mean while , who were ever faithfullest to this cause , and freely aided them in person , or with their substance , when they durst not compel either , slighted , and bereaved after , of their just debts by greedy sequestrations , were tossed up and down after miserable attendance from one committee to another with petitions in their hands , yet either mist the obtaining of their suit , or though it were at length granted , [ mere shame and reason oft-times extorting from them at least a shew of justice ] yet by their sequestratours and sub-committees abroad , men for the most part of insatiable hands , and noted disloyalty , those orders were commonly disobeyed : which for certain durst not have been , without secret complyance , if not compact with some superiours able to bear them out . thus were their friends consiscate in their enemies , while they forfeited their debtours to the state , as they called it , but indeed to the ravening seizure of innumerable thieves in office : yet were withal no less burthened in all extraordinary assesments and oppressions , than those whom they took to be disaffected : nor were we happier creditours to what we call'd the state , than to them who were sequestred as the states enemies . for that faith which ought to have been kept as sacred and inviolable as any thing holy , the publick faith , after infinite sums received , and all the wealth of the church not better imploy'd , but swallowed up into a private gulph , was not ere long ashamed to confess bankrupt . and now besides the sweetness of bribery , and other gain , with the love of rule , their own guiltiness , and the dreaded name of just account , which the people had long call'd for , discovered plainly that there were of their own number , who secretly contrived and fomented those troubles and combustions in the land , which openly they sate to remedy ; and would continually finde such work , as should keep them from being ever brought to that terrible stand , of laying down their authority for lack of new business , or not drawing it out to any length of time , tho' upon the ruine of a whole nation . and if the state were in this plight , religion was not in much better ; to reform which , a certain number of divines were called , neither chosen by any rule or custome ecclesiastical , nor eminent for either piety or knowledge above others left out ; only as each member of parliament in his private fancy thought fit , so elected one by one . the most part of them were such , as had preach'd and cryed down , with great shew of zeal , the avarice and pluralities of bishops and prelates ; that one cure of souls was a full employment for one spiritual pastour how able soever , if not a charge rather above humane strength . yet these conscientious men ( ere any part of the work done for which they came together , and that on the publick salary ) wanted not boldness , to the ignominy and scandal of their pastor-like profession , and especially of their boasted reformation , to seize into their hands , or not unwillingly to accept [ besides one , sometimes two or more of the best livings ] collegiate masterships in the universities , rich lectures in the city , setting sail to all winds that might blow gain into their covetous bosoms : by which means these great rebukers of non-residence , among so many distant cures , were not ashamed to be seen so quickly pluralists and non-residents themselves , to a fearful condemnation doubtless by their own mouths . and yet the main doctrine for which they took such pay , and insisted upon with more vehemence than gospel , was but to tell us in effect , that their doctrine was worth nothing , and the spiritual power of their ministry less available than bodily compulsion ; perswading the magistrate to use it , as a stronger means to subdue and bring in conscience , than evangelical perswasion : distrusting the virtue of their own spiritual weapons , which were given them , if they be rightly called , with full warrant of sufficiency to pull down all thoughts and imaginations that exalt themselves against god. but while they taught compulsion without convincement , which not long before they complained of , as executed unchristianly , against themselves , these intents are clear to have been no better than antichristian : setting up a spiritual tyranny by a secular power , to the advancing of their own authority above the magistrate , whom they would have made their executioner , to punish church-dellnquencies , whereof civil laws have no cognizance . and well did their disciples manifest themselves to be no better principled than their teachers , trusted with committeeships and other gainful offices , upon their commendations for zealous , [ and as they stickt not to term them ] godly men ; but executing their places like children of the devil , unfaithfully , unjustly , unmercifully , and where not corruptly , stupidly . so that between them the teachers , and these the disciples , there hath not been a more ignominious and mortal wound to faith , to piety , to the work of reformation , nor more cause of blaspheming given to the enemies of god and truth , since the first preaching of reformation . the people therefore looking one while on the statists , whom they beheld without constancy or firmness , labouring doubtfully beneath the weight of their own too high undertakings , busiest in petty things , trifling in the main , deluded and quite alienated , expressed divers ways their disaffection ; some despising whom before they honoured , some deserting , some inveighing , some conspiring against them . then looking on the church-men , whom they saw under subtle hypocrisie to have preached their own follies , most of them not the gospel , time-servers , covetous , illiterate persecutors , not lovers of the truth , like in most things whereof they accused their predecessors : looking on all this , the people which had been kept warm a while with the counterfeit zeal of their pulpits , after a false heat , became more cold and obdurate than before , some turning to lewdness , some to flat atheism , put beside their old religion , and foully scandalized in what they expected should be new . thus they who of late were extoll'd as our greatest deliverers , and had the people wholly at their devotion , by so discharging their trust as we see , did not only weaken and unfit themselves to be dispensers of what liberty they pretended , but unfitted also the people , now grown worse and more disordinate , to receive or to digest any liberty at all . for stories teach us , that liberty sought out of season , in a corrupt and degenerate age , brought rome itself into a farther slavery : for liberty hath a sharp and double edge , fit only to be handled by just and vertuous men ; to bad and dissolute , it becomes a mischief unweildy in their own hands : neither is it compleatly given , but by them who have the happy skill to know what is grievance , and unjust to a people , and how to remove it wisely ; what good laws are wanting , and how to frame them substantially , that good men may enjoy the freedom which they merit , and the bad the curb which they need . but to do this , and to know these exquisite proportions , the heroick wisdom which is required , surmounted far the principles of these narrow politicians : what wonder then if they sunk as these unfortunate britains before them , entangled and opprest with things too hard ; and generous above their strain and temper ? for britain , to speak a truth not often spoken , as it is a land fruitful enough of men stout and courageous in war , so is it naturally not over-fertile of men able to govern justly and prudently in peace , trusting only in their mother-wit ; who consider not justly , that civility , prudence , love of the publick good , more than of money or vain honour , are to this soyl in a manner outlandish ; grow not here , but in minds well implanted with solid and elaborate breeding , too impolitick else and rude , if not headstrong and intractable to the industry and vertue either of executing or understanding true civil government . valiant indeed , and prosperous to win a field ; but to know the end and reason of winning , unjudicious and unwise : in good or bad success alike unteachable . for the sun which we want , ripens wits as well as fruits ; and as wine and oyl are imported to us from abroad : so must ripe understanding , and many civil vertues , be imported into our minds from forreign writings , and examples of best ages , we shall else miscarry still , and come short in the attempts of any great enterpise . hence did their victories prove as fruitless , as their losses dangerous ; and left them still conquering under the same grievances , that men suffer conquered : which was indeed unlikely to go otherwise , unless men more than vulgar bred up , as few of them were , in the knowledge of antient and illustrious deeds , invincible against many and vain titles , impartial to friendship and relations , had conducted their affairs ▪ but then from the chapman to the retailer ▪ many whose ignorance was more audaciou ▪ than the rest , were admitted with all their fordid rudiments to bear no mean sway among them , both in church and state. from the confluence of all their errors , mischiefs , and misdemeanous , what in the eyes of man could be expected , but what befel those antient inhabitants whom they so much resembled , confusion in the end ? but on these things , and this parallel , having enough insisted , i return to the story which gave us matter of this digression . finis . the pouring fourth of the seventh and last viall upon all flesh and fleshlines, which will be a terror to the men that have great possessions, or, several visions which hath bin made out to me of what the all of all things is now bringing to pass ... george foster, or otherwise jacob israel. foster, george. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing f ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing f estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the pouring fourth of the seventh and last viall upon all flesh and fleshlines, which will be a terror to the men that have great possessions, or, several visions which hath bin made out to me of what the all of all things is now bringing to pass ... george foster, or otherwise jacob israel. foster, george. [ ], p. s.n.], [s.l. : . reproduction of original in bodleian library. eng prophecies. visions. great britain -- politics and government -- - . a r (wing f ). civilwar no the pouring fourth of the seventh and last viall upon all flesh and fleshlines, which will be a terror to the men that have great possession foster, george b the rate of defects per , words puts this text in the b category of texts with fewer than defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - elspeth healey sampled and proofread - elspeth healey text and markup reviewed and edited - pfs batch review (qc) and xml conversion the pouring forth of the seventh and last viall vpon all flesh and fleshlines , which will be a terror to the men that have great possessions . or several visions which hath bin made out to me of what the all of all things is now bringing to pass , that so the root of al malice , strife , hatred , and war may be digged up , and the only way for universal love and freedom to all sorts of people to be brought in ; but in a more especial manner , and higher and most glorious discovery of god to his peculiar people , whom the all of all things will make the praise of the whole earth . isaiah . , . and . , . for the lord shall rise up in mount perazim , he shall be wroth as in the valley of gibeon , that he may do his work , his strange work ▪ and bring to pass his act , his strange act . now therefore be ye not mockers , lest your bands be made strong ; for i have heard ▪ from the lord of host , a consumption determined upon the whole earth . remember ye not former things , neither consider the things of old . behold i will do a new thing , and now it shall spring forth . george foster , or otherwise jacob israel . printed in the yeer mdcl . the epistle to the reader . my dear hearts all and everyone of you , whether high or low , rich or poor , bond or free : i am a creature and one of your fellow-creatures , forced to send unto you a smal mite , which i have had through the speakings of my infinite father in me , which speakings in me have bin so burning hot and so powerful , that i have not bin able to resist as for to keep them in secret , they being things which in this treatise i treat of , i have seen them as being taken in a trance and lying for dead about houres : for the most part of them which in this following discourse , i had made out to me being in that condition , and assoon as i had seen and heard of them and they were over , so that i had no other at that time , i was forced to write them , it being the good pleasure of my father for to make choice of me so poor and and unable a dispised instrument , for to reveal and make known such things as shal surely come to pass , as concerning the levelling of that which men for the present call their own , and so hord up riches and treasures here on earth for to make themselves great and to be applauded of men , forgetting the exhortation of jesus christ , who bid them lay up treasures in heaven and not here on earth : for the laying up treasures here on earth christ said the rust would take it : which the apostle james saies plainly to such men that have horded up gold and silver , even the very rust of it will rise up in judgement against them : looke to your selves , here is the last vial to be poured forth , made mention of for to give you warning of your selves , for behold the day of the lord is at hand , he is coming to take vengeance on all his enemies , and for to confound you all that have bundance of treasures here on earth , and have laid up none in heaven , nay it seems to be an unpossible thing for a rich man to go into the kingdome of heaven ; for saith jesus christ , it is easier for a camel to go through the eye of an needle , then for a rich man to enter into the kingdom of heaven : o you rich men , what say you to these words ? do you think to go to heaven , when the rust of your silver wil rise up in judgement against you ? you had more need throw away your riches here , and give them to the poor ; that the crying of the poor might no longer come into my ear , saith the lord , for their sakes do i come to take vengeance on such hypocrites as you are , because you have formes of godlyness , but deny the power thereof , you would fain appear to be holy , but yet you would be loth to part from that which is the greatest enemie of you , as the apostle saies , men coveting after riches have erred from the faith , and so have peirced themselves through many sorrows : but that this may no longer trouble you and keep you from coming to me , i will shew my self for the poors sake , when you through the hardness of your hearts have rather seen them starve for want of food then give them a peice of bread , yea though they cry for the lord sake give me a peice of bread : when as all things are the lords , and the lord comes ; he comes , what to do ? he comes to bring down the pride and haughty lookes of men ; what pride and haughty lookes ? even such pride and haughty looks that scorne their fellow-creatures , even that must be brought down , even all their glory , and honour too , even that glory wherein you have gloried , and boasted your selves : as because of your riches you have thought your selves better then others ; and must have your fellow-creatures in bondage to you , and they must serve you , as to work for you , and moyl and toyle for you , standing cap in hand to you , and must not displease you , no by no meanes ; but alas , what are you now i come , saith the lord ? for i tell you that the lord of host comes with fire and sword for to bring down your pride , and your glory and honour , and all these things that you have lifted up your selves with , & have thought your selves better then the rest , i say he comes to plague you , torment you , and so to make you weary of your idols which you have made to your selves , for i must tell thee , and it wil prove very true , that the mighty god of jacob is at hand , and will come of a sudden when thou art not a ware of , even that mighty leveller , for to levell and lay mountaines and hils low , even you that are richer and greater then your fellow creatures , even as low as my may be , and so will make all equal with the plaines ; for it is but just for him to do so , seeing thou fat swine of the earth , whatsoever thou hast is not thine own , but it is all the lords ; and though it hath bin his pleasure for to bestow riches on thee , and so have let you usurpe authority over them , yet now the lords is at hand , that he will call you . to an account , and finding you to be unjust stewards , he will put you out of your stewardship , and then you must no longer usurpe , but shal be glad to be fellows with them whom now yee dispise & hate , and cannot abide to let them be in your sight ; though this may seem strange to you and you will not believe it , yet it is the lords pleasure that i should send it forth to the publick view , there being some that will consider these things before hand , & so be made for to go before in this manner , as to count nothing their own , and this they do with joy ; when you that are obstinate , & will not believe the strange work which the lord did speak by his prophets along time before this , & that new thing shall be done which people shal little think of , as i wil do a new work , which the prophets point at , even that the lord should make you throw away that which you do so much hug and look after , even the gold and silver which you make idols of : but whether you wil or no , remember that it is the lords pleasure to send you this , as a thing to scourge you , yea a very strange thing it is like it may appear to you , but read on & fear not , but that the lord of host who caused me to write this , wil in his own time ( when he sees you to be in security and peace , crying peace to your selves ) break in like a mighty man , and confound you of a sudden ; for it is his pleasure to deale harshly with you , and make you weary of your selves , that so he may bring you through the fire to himself ; and make you to glory in himself , & not in any thing else beside himself , for many reasons why the lord should do this may be shown . first , that the people may understand the lord of host is no respecter of persons , as to give liberty to some more then to others , in respect of those things that be necessary to the body , which was all made for the use of man , and that man should have the benefit of them all , which man hath a long time bin deprived of the use of these outward things , as riches which other do injoy ; and therefore seeing it was the pleasure of the father at the first , for to give to the creature man , an equall priviledge to all a like , and not made man to be lord over some part of the creation , and the other part of the creation be in subjection to some other man , no , but made man lord over all , and that all were made for the use of man ; it is therefore no reason that man should be kept in bondage , as now they are , but that the just lord who is in the midst of us , may shew his power for to restore his creature man from the bondage they are now in , and so make man know that he was made a lord over all other creatures , and so now shal once again by my power saith the lord be brought for to injoy the whole work of my hands , and so shal freely enjoy the whole creation without let or hinderance , in this day wherein i will make them free from the power of man , and so will bring man to be fellows one with the other , and not lords over one another ; as they have bin and are now . secondly , it is time for the lord to appear in this way for to soften the hearts of men , who are so cruel grown one to the other , as if they were not all of one mold or mettle , what is the reason men are so hardened one against another , but by reason of private interests which some have , and having more of their own as they cal , it then others , their hearts are puffed up with pride , and so no longer wil they be fellowes , but masters and lords over the rest , and so ingross more and more into their hands , by craftiness , until such time they get their desires , and when they have got their desires in some respect , they cannot rest satisfied , but wil stil proceed on in cruelty , and in making the rest of their fellow creatures their slaves , which is abomination to the lord that they should do so , that they should injoy the works of the lord in full , and have their fill , and wil not give to their fellow creatures any bread , yea though they beg for the lords sake for a peice of bread , yet they are so cruel as they wil not bestow any thing upon them , but many poor creatures dies for want of bread , thus cruelly they deal with their fellow creatures ; which the lord of host wil not suffer long to be , for they have hardned their hearts , and have made them as hard as a stone , but the lord will soften your hearts , and make you know that you have dealt cruelly with your fellow-creatures and have raigned over them , but you shal now no longer raign in pompe , but you shal be brought to see by the power of the lord of host , if you consider these scriptures which are at the beginning of severall visions , you shall see and know that you are as far off from fulfilling the scriptures by your cruelty , and that you may see you break them dayly for exercising so much cruelty as you do , which on the contrary if you did fulfil them , you would freely give to them that have need of them . and reader , i do hereby minde you of the other part , which i have not writ as my judgement , but by the speaking of my father to me , as concerning the jewes , even those that were jewes by nature , and are now dispersed abroad among the gentiles , how that it is the good pleasure of my father , who is infinite in himself , for to bring home his own people into his own light , and so to make them see that jesus whom their fathers crucified , was the king of the iewes , notwithstanding they could not at that time believe it , yet now through his almighty power which he will manifest by his strong and powerful hand , make them know that they have crucified their king , for which cause they have bin dispersed abroad in the nations ; but now the father of love who is infinite of himself , will in love bring home those , even the jewes , and make them his spouse and choise jewels , together with the gentiles whom he will bring out of their countrey both out of misticall and literall babylon , into their own countrey , even into the land of canaan , a land of rest ; whom the father hath appointed to be in judea , even to make the materiall city which the jews formerly did inhabite , the praise of the whole earth , and the people that shall be gathered thither , to be his choice iewes , and his wife ; which spouse and wife shall consist of all his chosen ones , whom he will bring up into his glory , both iewes and gentiles ; and how it will be his pleasure for to make others be quiet , and ly in peace , and will not let them come to disturb them , but will confound and plague them terribly , with such a blow that shall make them amazed , so that they shall not know what to do , but shall be glad , yea they shall think themselves happy if they can be at quiet and ly down in rest ; for the power of the mighty god of iacob , even the infinite iehovah shall be seen to be amongst them , so ( that they even the iewes ) shall not need to be afraid of any , but they shall ly down in peace and take their rest , and none shall make them afraid ; this will be the state and condition of sion , that shall be gathered together to the city ierusalem ; glory and light shal shine upon them , when darkness shall cover the earth . curteous reader , let not the strangeness of these things make thee hard to believe , that such things as are here mentioned shall come to pass , by the rudeness of these lines having no eloquent termes to set them forth , and by reason of the weakness or contemptibleness of the writer of this peece , which must prove a torment and a fire to burn and torment the gods of the earth , and every thing that hath bin idolized of or by men , they haveing set their fancies more upon outward objects then upon the all of all things . but rather let these times move thee to pitty , and softness and tenderness of heart , with a yearning bowels of pitty and compassion to thy poor fellow-creatures , who are destitute of the outward creatures , and perhaps have not bread to eat , or any drink to drink , or cloths to cover their nakedness , i say , be moved to all thy fellow-creatures with such pitty and compassion , as to relieve their wants , and if thou hearest any cry in the streets for the lords sake give me a peece of bread , give him , and turn not thy self away and say thou hast nothing if thou hast , lest the lord turnes away himself from you , and you cry , and he will not hear ; as thou didst hear the poor cry and would not ; for know that pure religion is to visit the widdow and the fatherless , that if you wil indeed appear to be truely religious and not hypocrites , be kind hearted & give up to the relief of those that want . moreover reader , i cannot chuse but minde thee of a word or two , and that is this , you may reade that paul was counted mad , but he said whither he was mad , or whither he were besides himself , it was for their sakes , and so say i , whether i am mad or besides my self , it is for your sakes : as it is the good pleasure of my father for to make me so , that i may give you warning of what he will do , or god in me speaks to you , for to make you cast away your idols and seem to the eye to be less practitioners of religion , that so you may be more fulfillers of your duties , and less hearers then now you are , that so you may be more perfect in doing ; and however you thinke of me , let not the notion of madness possess your spirits , as for you to thinke that i am mad , but rather think it is the pleasure of the father to turn the world upside-down , and so to make use of me as he did of his son jesus christ : and as his son jesus did do things contrary to the custome of the world in those daies , and all the powers of the world was not able for to keep him from doing his own worke , even so i say , the infinite god having chosen me for to declare these things to you , i do not question but he will by his infinite power carry this his own worke on , & none shall be able to hinder him from doing his pleasure . and however you do think of me , as to judge me by your pharisaicall holyness , and are ready to cry out , i have a devil : yet it is no other with me then it was with jesus christ : whom the wise pharises , or those that did seem to be most religious for those formes and customes as were then in use according to the law of moses , which they were loth to be beat off : even i say those did cry out against jesus that he had a devil , and was the chiefe of the divels , and that he were a blasphemer ; notwithstanding he were the only son , sent of the father for to abolish and so put to an end those ways of worships that were then extant ; but they being possest with a fancy of their own , that god would not forsake that which he had given to his servant moses , & so to them for to continue for ever , and so would not believe that the christ were the messias , because he came to alter and change the state and condition of their waies and formes as they walked by , notwithstanding it was the pleasure of the infinite god to forsake those formes although he had given them for to continue for ever , which ever came out so soon as the time was at an end , for to appear in that way , and then to leave that , and so to take to him another : and in forsaking of these formes which he had given them , his son whom he had sent , or his messengers met with many enemies , crying out against him and his apostles or disciples ; and among these his enemies were the learned pharises and priests ; and they did stir up the people for to forsake christ and not to cleave to him , for he hath a divel , he speaks blasphemy , and will you believe what he saies ? and so they cryed out against paul , how he turned the world upside-down , and away with him ( said the learned pharisee ) he is not fitting to live : and if my fathers only choise son met with such hard servants for to deale with him so cruelly , and to tel him he had a divel , it is no wonder in this age of ours why i should ( or any of the messengers of the lord of host that are sent by him ) meet with any other but the same , as to be looked upon as one that turnth the world upside down , & so not sitting to live , by declaring new things ; as if the mighty god of jacob had bound himself to be in one form , and to tarry there for ever , and so it is no more to me why you should call me a blasphemer , and you even you , o destroying priests , that run before you be sent , and so in your pulpits vent your malice as to cry against me , and so to bid people beware of me , seeing the priests in old time , & the outside hipocritical pharise in thosedaies did do it to jesus ; and i say it is no moere to me to be called so by a proud hipocritical dissembling outside pople , that vvould fain appear to be godyl & so for such to say i am a blasphemer , & have a divel ; and thus some doth come as they did to christ , some out of malice , and some out of ignorance , being loth to be deprived of these forms and customs of waies and rules to walk by , for matter of worship , religion being then grown to be more used for custom sake , then for anything else , as it is now aday ; wherby it is high time for the lord of host to appear , and so to take away your life , as your formes and waies of worships now ; and so for not making a right use of them , to deprive you of them , that you may no longer dissemble with your maker which will be but just with god for to do so : for notwithstanding all your formes and waies of worships which you have and walk by , ye are a most eruel and malicious people , full of all manner of hypocrisie , and dissembling with god and with men ; but now your hearts shall be made manifest , and ye shall now appear in your own colours , and so shall be made manifest to all what you are ; for the day of the lord of host is now at hand , to gather his out of mystical and literal babylon , even to gather sion together and so to gather the wheat from the chaffe , and though you do , not believe any thing what i say , as being a people bound up in your own waies , and so loth to be deprived of that food , ready to reason with the mightie creator why he wil reveal or make out himself to one more then to another , & will you say , surely methinks i hear you say so , that if god will make out himself by visions & revelations , surely he will do it as well to me as another , and because he doth it not to me , i do not beleive he will do it to another , and thus oye proud and stout hearted people , that think all are deluded who have visions because you your selves have none , and thus you binde and limit the holy one of israel for to do nothing but what he will first make you acquainted with , and so make out to you , or else you wil not believe ; and not only remain in unbelief , but you cry out against them , they are deluded , and are possessed with a divel , and so wil raile and speak evil against them , and thus you shew your malicious spirits , which rather declares your self to be possest with an evil spirit , or else to walk after the flesh and not after the spirit , for they that are led by the spirit of god , walk in peace , love , meeknes , quietness , soberness tenderness , and full of compassion and pitty , and these desire not to be rash and full of malice , speaking of evil , railing , cursing , judging , and condemning those that are not of the same mind with them , backbiters , adulterers , idolaters , covetous persons , thinking themselves better then others , and these and such as these walk after the flesh , and are the dogs and sorcerers that shall be left without the city , and shal not enter into the gates of the new jerusalem ; for the spirit of god is a spirit of light and love , whereas the spirit of the divel is a spirit of cruelty , and murdering of their fellow creatures and is in darkness : and the reason why i write my name to be jacob israel , is because my name was changed from goerge in in a vision , to jacob israel foster : and so i subscribe george foster . or jacob israel the pouring forth of the seventh and last vial . i saw in a vision a man giving away his money to another , and also giving away food to feed him , and cloth to cloath him . and i heard a voice say , this man lends unto the lord , and that man that feeds the hungry and clothes the naked , lends unto the lord . for he that giveth to the poor lendeth to the lord , saith solomon . o you rich men that have abundance of gold and silver , and corn of all sorts : that hord it up apace , and are loth to feed the hungry and cloth the naked , do you think you do your duty , no saith the lord of host , you do not do your duty , neither do you shew your selves ever a whit kind to me , for if you did , you would not be so eager as to lay up abundance and see your fellow creatures starve for hunger . therefore remember that he that giveth to the poor , sendeth to the lord , but you have not given to the poor ( for by the poor i mean those that are in want ) but ye have rather oppressed the poor , and have caused them to cry , and their cryes are come into mine cares , for i the lord of host to take vengeance on you for your cruelty against me ; for asmuch as you have not done it to one of these little ones , you have not done it to me , which if you had done it , as to cloth the naked and feed the hungry ; and freely disperse to them that are in want , in so doing you had done it to me , and had given me that back which i had given to you : and then you had done your duty in so doing : but because you have hardned your hearts and have heard the crying of the poor , and have not regarded them , but have thought your selves too good for them , and have not laid it to heart that they are the works of my hand , and are made of the same mettle and of the same blood as you are , but have thought your selves too good for them , because of the riches which i have lent you ; and have made your riches and your strength your god , and not me ( saith the lord , ) therefore i will now come and will not tarry , but will come quickly , and will take vengeance on you , and will judge you to be destroyed in my wrath , and confounded and stand amazed at my sore displeasure ; for i now do awake as a giant , and as a man of war to make you houl and weep , and to make you see that the rust of your gold and silver shall now rise up in judgement against you , and shall be a witness to torment you ; because you have not remembered me , as to feed the hungry , and cloath the naked : for i will now reason with you ( saith the lord ) is that which you have your own , or are they mine ? surely you will say they are mine ; for i the all of all things have made them all , yea all the beasts of the field are mine , and therefore you need not be so extraodinarily covetous as to keep these creatures which i lend you for your own private use : for if they had bin your own and you could have made them , then you might have had some colour , and have said shall i make them rich by my labour ? but know this ( o man ) that it is i , and i alone that am the life of all creatures , yea even thy life , and without me you are unable to do any thing , and it hath bin my pleasure to bestow riches on you for this end and purpose , that thou mightest give them freely to those that are in want , and not to make them your idols as you have done . but because you have done so , as to make your riches your idols and your gods , and have not considered that pure religion ( even that religion that is pleasing to me ) is to visit the widdow and the fatherless ; that is , to give and disperse that riches which you can spare to the reliefe of those that have need of them ; and then you had done well ; for in so doing you would have kept saint james from crying against you , but because you have not done it , therefore james bids you houle and weep for your gold and silver even the rust of it , even the rust or cankered stuffe that you have laid up for your sons and daughters portions for to make them rich , while in so doing you have kept back mine , which i sent you for to give to the poor ; therefore houle and weep , for i come , i come . a vision wherein i saw men feeding their enemies , and clothing of them , and so did shew abundance of love to their fellow creatures ; and i heard a voice say that these men do hold forth my image , and do shew themselves to be my sons and daughters in so doing , but they do nothing but what i have commanded them to do ( saith the lord of host ) but i will reward them for so doing , for i will keep them in my love and favour , when i will plague and torment the other that have not done so . if thy enemy hunger , feed him ; if he be naked , cloath him ; for in so doing you shall heap coales of fire on his head : hear o all flesh , for i have a controversie with you , and will now plead with you , especially you that have abundance of riches : have you fed the hungry ? hast thou fed them that thou accounts thine enemies ? if thou hast , thou in so doing hath done well ; but what meaneth the crying of the poor so much ; bread , bread , for the lord sake ? surely this argues that you have not done as you should have done , but have left that undone which you should have done ; thou hast not fed thine enemy , neither hast thou clothed the naked , which thou shouldst have done : thy own conscience accusing thee shall now torment thee ; because thou liest under the breach of that scripture , where it is said feed thine enemy if he be hungry , and give him drink , if he be thirsty : o you rich men , should you feed and cloath your enemies , as this scripture saies you must do so ; how can you think that you are the servants of the most high ? whereas instead of feeding your enemies , you destroy them ; for this is quite contrary as black is to white , surely it is a sin , i know your conscience tells you it is a sin , because you do not fulfil the scripture . if this be a sin , how far greater sin is it when you take from them that that should preserve them from want , or take away their lives ? for you see it is your duty to preserve life , and not to take away life ; it is your duty to feed them , and not to kill them , saith i the lord of host ; who will plague and torment you for not doing your duty , as to give that which you have of mine , ( that overplus which lies by and doth no good ) unto the poor , therefore houl and weep , and crie aloud , for the day of the lord is at hand that burneth as an even , and the wicked shall be but as ashes under the soals of my saints feet : you live like dives in a most voluptuous manner , wearing of the best , and eating of the best , and drinking of the best ; and as he did not remember poor lazarus , so you do not think having your fills of the poor , yea though they cry in your ear , yet you will not give them relief , but will rather see them starve for want of food : how do you provoke me to anger saith i the lord of host ? do you think that i regard you , and you only because of riches ? no i would have you think that i regard the poor as well as you , even so much that i must now come down and destroy you , and give you your portion with dives , even to throw you into my wrath and there to torment you , and so to take away your riches and give them to my saints , even to these poor and hungry souls that are now in great want and misery : houl , houl and weep , for i come , even i that will plead for these poor creatures that you tread under foot , and count them as nothing ; i come and will redeem them from you , and from your powers , and will make you know that i have regard to them , and that they are in my sight as precious as you ; and that i will be such a terror to them that have aboundance of riches , that i will make you weep to think you must part from them , and to think that every one shal have part in your riches ; you shall be so tormented that you shall have but little rest ; for i will make you throw away your idols of gold and silver , and to hide your selves for fear of me , for i am risen to destroy you and bring you to nothing , even i the lord of host , will consume you in my jealousie . i saw in a vision that one rich man had fulfilled all the commands of god but one , and that one was , he was for to sell that which he had , and was to give it to the poor : but he ( like the rich man in the scripture ) rather then he would do so , he would keep his riches , notwithstanding he was commanded to sel and distribute to the poor , and so ly under the breach of gods command ; for the which i saw this man tormented and at length was glad to give up to the poor ; and say , take eat , and fill your selves , for it is not now mine but yours . here you may see the power of the infinite jehovah , and how strict he is to them that fulfil not all his commands . as if he should say , notwithstanding your going to church , and observing sunday , and making a profession of me : and therefore you think that you shall escape my sore displeasure , in that you have done such and such things : but stay , know this afore you have rest , that one of my commands is , that you should sell your riches and give to the poor ; for saith christ go sell all that thou hast and give to the poor , and thou shalt have treasure in heaven : as if he should say if you do it not , it will be unpossible for you to get treasure in heaven , but me thinks , i hear all and every one almost say , this is a hard saying , must we sell houses and lands , and give them away ? what a condition should we bring our selves into if we should do so ? what art thou as can say , shall we give away our houses and lands ? do you know what you say , are they yours or mine ? saith i the lord of host , they be mine , and all are mine , even whatsoever thou hast is mine ; though i have lent them to you it is not that you should only enjoy them , but that you should freely give up to relieve those that are in want , and so fulfil my commandement , sell that thou hast and give to the poor , or else i will torment you as i have done this man in the vision , and will make you be glad to give up and to say , take eat and drink , and fill your selves , for it is not mine but yours ; and will make you know that i will do a strange work now here on the earth , for i will make you to see and know , that i have given unto the creature man , a priviledge for to enjoy the whole creation and so to free them from bondage and slaverie which for the present they ly under , and if you will not freely give up before i come in power , i will make you do it against your will , when i come in power , for behold i come , and will not tarry , in the mean while do not you deceive your selves , and think your selves too good for to give to the poor , for i come and will make you houl , houl ye rich men for the rust of your silver and gold will now rise up in judgement against you , for i come to destroy all things besides my self , and will suddenly take from man his gods , and pictures of gold and silver , and will make them for fear of me give them away ; for i come to take vengeance on those that have afflicted the poor : houl ye therefore that have afflicted the poor , and give up with speed before i take you and throw you into my wrath , and into my sore displeasure ; remember ye rich men that hear the cries of the poor , and come away , make your hands free to give ; remember that these are the last dayes , and that you must now use the world , as if you used it not : do you use the world as if you used it not think you ? that hord up bags of gold and silver , and lay up quarters of grain , when many poor souls are ready to starve for want of them , but is it not to use the world as if you used it not , for to have no more then the present necessity cals for , and so to take no thought for the morrow : therefore up give freely , disperse abroad , and let not the cries of the poor any longer be in mine ears ; but now follow the apostles direction , use the world as if you used it not ; for the fashion of this world goeth : what is the fashion of this world but to strive who shall be greatest and richest , who shall have the most power , and who shall be most applauded , and so have most praise of men : 't is very true that this fashion hath been a long time , but this old fashion must go out , and theremust be a new fashion : which fashion will be instead of striving after riches , giving away of riches to them that have need of them , and so to make themselves equal with the rest , and not to lord it over their fellow-creatures , but willingly do them all the good they can : for whether they be tongues they shall cease , or prophesies , they shall fail ; but charity shall abide for ever ; here the most excellent or the most transcendent things which have bin or are for the present , though little thought of , must go : and whatsoever hath been , must now fly away ; for nothing must abide or continue but charity : the striving after riches must cease , and then there will not be so much oppression as is now , the striving after honour shall cease , and then there will be no killing of men for money , striving after self must cease , and then there will be no envie or malice , as to fight one with the other ; striving after learning must cease , for tongues shall in this manner as it is now gotten by humane industry , though it may please god to indue his saints and chosen vessels with tongues at his first appearing or making out himself to them , as he did at the first appearing in flesh make out himself to his apostles ; but charity shall never cease : for indeed when all the other fore-mentioned shall perish and come to nothing , then shall this be fulfilled , and not till then ; for so soon as all things that are now at the present passes away , and all things become new ; then will charity take place and so will abide for ever . i saw in a vision one give away all that he had and would not have any thing as his own , and i heard a voice say , that this man was come up to be his son , and was a true convert , and one that is come up in that dispensation , wherein i will in time bring all , saith the lord of host . lord , lo we have left all and followed thee ; we have left all , houses , and lands , and silver , and gold , and whatsoever was near or dear unto us we have for thy sake sold , and left all : this was the saying of the apostle who was a true convert , but you that are rich think it your honour for to keep your riches , and so to take delight in getting riches : but you see that the apostle left all , and so must you if you will have that love of god and favour that the apostle had , i come saith i the lord of host , and will bring down all your pleasant things , and will bring down all your glory honour and strength , and will lay them down in the dust , i will terrifie you , and plague you , and will make you know that i the lord of host am a consuming fire , and so will make you freely give up that which you call yours , to your fellow creatures , for i have made all nations of one blood , and so will now at my bright appearing make all people equal and alike for matter of riches , and so will take away the stumbling-block of private interests , and so will make the oppressors and the opression for to cease , and will make you know that i the lord of host will do a new work on the earth , that is you shall now know that i will have all men ( after this little while ) be in no want , and so to this effect you that intend to be kept in my love and favour , be not so stout-hearted as to keep back , but freely bestow on them that have need of the outward creatures , and i will come in power , making the rich men houl and weep , and throw abroad , and give away their idols of gold and silver , and be glad to creep into the holes and clefts of the rock for to hide themselves for fear of me , saith i the lord of host . i saw in a vision a tree , and the boughs spread themselves abroad and was very great , but at length i saw one come with a sword and lopped off the boughs , and then cut off the tree in the middle , and at length digged up the roots of the tree , and so the tree fell away and was no more to be seen . and i said , lord , what meaneth this tree ? and my excellent majesty the king of eternal glory , even that alpha and omega , who is the life and fullness of all , by whom all lives , and moves , and have their being , said on this manner as followeth ; by the tree is meant all powers ( great or small ) whether they be popes , or emperors , or kings , princes , dukes , or parliaments ; he whom you saw hew off the boughes , first represents i the lord of host , who will now cut off those superfluous branches , as those that have made themselves rich by earthly powers , and not only them , but i will cut the tree in the middle , even the very heart of all powers in sunder , and so will proceed on for to cut down the very root and foundation of all earthly powers , as is shown by the digging up the root of the tree aforesaid : thus as the tree was digged up by the roots , even so as this tree represents all powers , so will i root up all powers , even i the lord of host , the root and foundation of all powers for the present are set up by the power and strength of men in all nations . it being the good pleasure of i the lord of host that it should be so : and so by the strength and might of men the mankind that are made all of one mold and clay destroy one another , which arises from a fleshly domineering and esau's power , that would raign over their fellow creatures , which power assoon as one is subdued , another takes place , and will do so still , but the time comes , and the set time of i the all of all things is to be at an end , and when the fulness of these dayes shall be expired and accomplished , then one power shall not destroy another to set himself in power to rule over his fellow creatures , no but that power shall destroy all powers besides my selfe , as honour and riches shall be destroyed , and so the root destroyed , that i the lord of host may be all and in all . and the word of the lord came again saying , behold , and lo i saw men and women runnnig together , and every one said , save my god , save my god : as if men and women had each of them a god , which god must now be destroyed , and i looked to see what their gods were that there was such running up and down to save them , and loe , i saw one company , and their gods were gold and silver , but this god was destroyed ; and another company made houses , and another made their lands , but these gods i saw destroyed ; another made their pride and honour , but these gods were destroyed also ; and so one after another they were all destroyed , even all those things which men and women have run a whoring after must be destroyed and brought to nothing : and i said , lord , what meaneth the people to call these their gods ? and my excellent majestie at whose bright appearing all things besides himself must be destroyed , who will now suddenly appear to make men weep and houl for the miseries that are now a coming upon them , said on this manner as followeth , they call these their gods because they have set their hearts more upon these things then upon me and have with all eagernesse run after these things ; but i at my appearing destroys them all , and so will take from earthly creatures those things wherein they have put most trust and confidence in , and will destroy them in their sight , even their gods of silver and gold , and will make them throw away their pictures . and again the word of the lord said , behold , and loe i saw a company of men with their hands upon their loynes , weeping and wayling , crying out for help : and i said , lord what meaneth these to be so feeble and to stand as they do crying for help ? and my eternal god said , these men represent all my enemies , and all my saints enemies , & as they stand with their hands on their loines crying for help , it showes that i the lord of host have stricken them with fear and terror , even i have taken their strength from them , and they shall become as weak as water , even so weak that one shall slay a . and a . slay . for all their strength was taken from them : so that i am confident . wil make nothing to slay if it doth please god to bring his enemies in such a condition : which prophesie i look to see fulfilled in the year of redemtion of the creation from bondage , which wil be a year of jubilee , and this jubilee is at hand ; for i the lord of host comes , and wil not tarry , but will arise like a man of war , tearing and devouring in sunder al my enemies , and wil consum them by the breath of my nostrils , & they shal not be able to stand : for i will tread & trample on them in the fierceness of my wrath , & wil make them come bowing down to the soals of the feet of my saints , & wil give the strength , & glory , & honor to my saints , and they shal rejoice and sing for ever & ever . and the word of the lord came again saying , behold what dost thou now see ? and lo i beheld a woman gloriously arrayed with a scepter in her hand , and she had a maid to wait upon her : and i said lord , what meaneth this ? and my god the most high jehovah , answered me and said , this woman represents the sons and daughters of sion , and as you saw her with a scepter in her hand , it denotes unto you that she hath power and strength over all her enemies , and so is a conqueror over them all , and so hath them in subjection , be her enemies great or small , more or less , so then the time is now a comming that sion shal rejoyce and be glad , and shall sing for joy of heart when her enemies shall stand a far off and weep for bitternesse of spirit , and as you saw her gloriously arrayed , it shewes that the sons and daughters of sion shall have of the best , they shall eat and drink of the best , and wear of the best : not that they shall have the others ( which are those whom god in love doth not make out himself unto ) in bondage & slavery , and so deprive them of the outward creatures , no , but they shal have the use of the creation , as to have their fil with food and al necessaries belonging to the body : so they shal in this sense be their servants , as is shewed by the maid waiting on the woman . and presently after , i saw one in glory with an army following him , and he cut down his enemies a pace , and left none to oppose him , and of a sudden i saw all his enemies destroyed , for this form of glory is the mighty god that is now risen to take vengeance on his enemies and to make them his foot-stool , and his armies are his ministring spirits , by which he will confound all the glory , honour , and strength of men , yea even bring to nothing all the glory and powers of all fleshly powers how high soever they be lifted up , for alas poor flesh what art thou now in my hands ? i am now risen to judge thee , to burn thee up , and so to bring thy flesh to nothing , yea i will not leave thee root or branch , for there shall not be son or nephew , but i , even i the mighty jehovah will make a short worke , for i will work , and who art thou that shall hinder me from doing my purpose ? therefore rejoyce and sing for joy of heart , for behold i come , even i thy king ô sion , shout , shout and spare not ; lift up thy voice like a trumpet , and say my god raignes , even thy holy king of sion : therefore sing aloud , and let the high praises of god be in thy mouth and a sharp two-edged sword in thy hand , and so execute vengeance on them that know not me ; bind their kings and great men in fetters of iron , and execute the doom that is written , even utter desolation upon all the high and lofty ones , bring them to utter confusion , that they may houl and weep , because they have made you even my chosen ones , to be in slavery to them , therefore rejoice ô ye daughters of sion , and shout ô daughters of jerusalem , for they king cometh , and he is meek and lowly , riding upon an as , and upon a colt the foal of an ass , sing and rejoice for joy though ye be never so much despised , he , even i the king of glory coms riding upon an ass , even upon such poor despised & harmless creatures , that are willing to bear any burdens that are laid upon them , even such do i the king of glory delight to appear in , and not in high and lofty horses , such as are puffed up in their high conceits , having a form of godliness , and so runs from scripture to scripture , and by their fleshly wisdom would have it as they please ; no , but even in such do i come , that with a meek and quiet spirit have waited upon me : therefore ye meek and despised ones sing and rejoyce , and go with joy , for behold i come , even i the lord of host , and all your enemies shall be your footstool ; for you shall now tread sathan under your feet , and that by the strength of i your almightiness dwelling in you . and again the word of the lord said , behold , and loe , i looked and i saw the appearance of seven hearts , and they did for a little while oppose one another , but at length they were still and left off striving one with the other and were all united together as one , and so became one . and i said lord , what meaneth these hearts to be thus joyned together of a sudden ? and my almightiness , even the eternall god , by whom all creatures were made , and by whom all creatures shall be brought to nothing , said on this manner as followeth , these seven hearts represent my sons and daughters that are now under several dispensations opposing one another in their judgements , one saying this is the way , another saying that is the way , and so by reason of their difference oppose one another , and it is out of a self-ish disposition that rules in them , one would be fain esteemed above another by reason of his knowledge in the scriptures , which knowledge i am now about to confound , and all their fleshly knowledge , let them go under what notion soever , and for that way of baptisme which is now practised and do hold communion with none but those that are of their own judgements , but are bitter and envious against those that are not of their way , judgeing and censuring them to be a people that slight i the lord of host , and so are not my beloved , and not those whom i will have regard unto , but now in the day of my power , i will take away that stone of stumbling , i will break them and confound them , and so will make them to see that they make much of the shell when the kernel is gone , and will make them to know that those whom they looked upon as not worthy to be called brethren , are the choice spouse of i the lord of host , and so will turne unto the people a pure language , that may all serve me with one consent , i wil even in such a clear way make out my self unto them , that they shal all see and know , and all speak by my spirit . and i saw in a vision all manner of beasts and kinds of creaturs , and i was commanded to slay and eat : notwithstanding they were none of my own , and my excellent majestie the king of eternall glory said , i will make all men know in a short time that what they possess is not their own , but all their treasurs are mine , even i the lord of host will recover my wooll and my flox , even those treasurs which they have made use of , and i will take them from them and will make them know that they shall now be for the use of my saints , even for the use of those whom they do most despise ; and if any say why do they take away my goods , as my corn and my wine , and my horses , and my cattell ? then shall even those whom i draw up into my love and favour say , we have need of them , and we in the name of our creator take them for to make use of them , or the lord hath need of them , and therefore we take them ; and what will you say to this o you great men that have abundance ? this priviledge is and will in a more clearer manifestation made out whereby the saints even poor dispised sectaries shall see and know that all things are theirs , whether it be paul or apollo , or cephas , things present , or things to come , all things are yours , and you are christs , and christ is gods : here you may see that the saints by being christs sons have all things , yea the apostle tels them that all things are theirs , houl you therefore , for the rust of your gold and silver wil now rise up in judgement against you , and it shall now torment you , and vex you ; even it will be such a terror to you , and you shall with speed throw it away , even i the lord of host will make you throw away your idols of gold & of silver , and hide your selves for fear of me , for whatsoever is in the shambles take and eat , for the earth is the lords , and the fulness thereof ; all the earth is mine , even mine it is , and all the cattel of the field , therefore slay and eat , and have all things common , as my saints at the appearing of me in flesh had , and therefore be contented , o you rich men , to give up , lest i smite you with a curse ; for behold i come and will make my saints breake bread from house to house , as formerly they did ; and will make them for to have comunion , and all things common ; so that they shall not say this is mine , or that is mine ; but i will destroy this , and so i will destroy all self in them , and they shall now live in the pure enjoyment of i the lord of host , breaking bread with singleness of heart from house to house : so that my sons and daughters shall live in more union then they do now , for now they are readie to cut and destroy one another for a little silver , which shal now perish and be accounted as nothing : even i wil make all sorts of men freely give away that they have , and be contented to have nothing but what they shall have need of from day to day ; for i wil make love and union to encrease , that the whole earth shall be a treasure for all , and not for some ; so that according as they are in want , they shal have one shal have a special care over another ; for the emnity being taken away , and the curse removed from off the earth , self-love shal cease , and universal love shall flow in , and then righteousness shal look down from heaven , and spring out of the earth ; and there will be no complaining in our streets , as there is now , crying out for bread , bread , for the lords sake ; no , but this noise shall cease , and the saying of james come more into their minds : that they shall now not think it enough to say , be ye warmed , and so give the poor nothing , but only pitty them and feed them with words , but they shal now say , come in , eat and drink with us , for you are the work of the lord , and what we have now you may freely take , for the lord of host hath now made bare his holy armes , and all the earth shall see the salvation of god , and all shall now know and see that the lord hath redeemed the creation from bondage into the liberty of the sons of god ; all men shall be freed from the bondage and slavery they now are under , and shall now begin to see and know that it is a sin to have respect to one in glorious apparel , and say , pray sir come you and sit up here , when you say to one in poor cloathes , sit thou at our foot stool , for i the lord of host will make you all know now that you are all of one blood , and so are all now fellow creatures , and that i have as much respect to one in poor cloths , as to one in gay ones ; and that i will make you know that it s your duty for to love one another , even your enemies ; for if you fulfil the royal law according to scripture , thou shalt love thy neighbour as thy self ; which is not for the present , who art thou that hath fulfilled this scripture that can say and thy conscience not accuse thee to thy face , that thou doth love thy neighbor as thy self ? but rather thy conscience will tel thee , that thou dost not love thy neighbor as thy self ; for if thou didst , thou wouldst not let thy neighbour be in want , but would have as much care of him as thy self ; if thou hast rost-meat , to let him have rost-meat ; and in so doing thou will fulfil this scripture : therefore yea that do plead for scripture so much , and make so gallant a show of religion as you do , consider the scriptures aforementioned , and you shall see that you live far short of fulfilling the scripture : for what soever you would that men should do unto you , even so do thou unto them , for this is the law and the prophets : wouldst thou have men to love you and do you good ? if thou wouldst then thou must love them and do them good : but indeed you will say , why should i love them , they are of a strange opinion : this is but the devil in you for hating your fellow creatures , which must be destroyed and brought to nothing , that i the lord of host may be exalted ; which will not be till i make my strange work come to pass , as to destroy all self and private intrest , of saying this is mine ; and when this is done , then you will love your neighbour as your self , and then you shall see and know with the apostle , that all things are lawful for you , that is as the apostle knew that he might do what he would do , and have what creatures he would have for food and rayment , in that they are all gods : so you shall now know that you may have the use of all , and see all to be yours , and that this is the work of god for to bring in universall love and freedome . and the lord said behold , behold : what dost thou see ? loe i beheld , and there appeared a tree full of fruit ; and the fruit , much like to apples one part of them , and the other part of them like unto peares , and i said , lord , what meaneth this tree ? and the lord said , this tree doth represent christ : that as thou seest fruit upon this tree , and it is very pleasant to see to : even so is jesus christ a tree of life that bears abundance of fruit , and as thou sawest these men and women gather this fruit and eat them , and presently there was new fruit in the room of that which was pulled off . these men and women re-present my sons and daughters , who are alwayes a feeding on jesus christ , and yet cannot make him to leave off bearing fruit : and as thou sawest that these men and women that pulled and ate did live for ever , and were not to dy after it , doth shew that my sons and daughters feeding on me the lord of host , shall live for ever : for as thou sawest that this food was very pleasant ; even so am i the lord of host to those that do delight in me . and moreover this tree doth set forth the tree that is spoken of in the revelations , to be a tree of life that shall heal the nations , for as thou did see this tree appear of a sudden with fruit thereon : even so will i the lord of life , that lives for evermore , appear in such an hour , and at such a time , when most men little think of me , to the destruction of them , and bringing of them to nothing , that so i may appear to be the life of those that do now know me and enjoy me : for by my appearing will i make my self manifest to be the food that every one must eat of : and that all other food , which is not of me , must be brought to nothing : for as i am set forth by a tree , so will i appear in power to the confounding of those that feed not on me : and so will make wast all their gods which they have to feed upon besides me , and all and every one shall be brought to nothing , that i the lord of host may be all and in all , and so exalted above all , to which i say amen . and presently after this there appeared a garden full of flowers , as to my thinking , i saw them like roses of all sorts , and cornations , pinks , and all manner of flowers , and i said , lord , what doth these mean ? and the lord said , these do represent abundance of joy , even the verities of joys which my sons and daughters shall have , even they shall enjoy the most precious and most pleasant jewells that are or can be ; for they shall have the use of all things that are precious , and shall have the enjoyment of all the treasurs of the world , and nothing shall be unpleasant to them , but every thing shall give a good smell , and shall be very pleasant to them making of them to rejoyce , and sing and set forth the praise of me the lord of host : for as these flowers did smel most sweetly ; even so , saith the lord of host , will i by my own power , make all things that appear now to be unsavory or unpleasant , to give a most pleasant smell , and as thou didst see in this garden abundance of green herbes : these green herbes , doth set forth the flourishing conditions of my saints , even of my sons and daughters ; how that they shall grow and flourish in dispight of all their enemies , for their bones shall flourish as an herb , and as herbs be good for all sorts of men and women , even so shall my sons and daughters be good for all ; and by their flourishing and growing up as calves in the stall , it shews that people that are now kept in bondage , even the meaner sort , shall be by the flourishing condition of my sons and daughters , restored from that slavery and bondage as they are now kept under by rich men , so as they cannot injoy the creatures of god so as to have their bellys full even into such a condition shall they be restored as that they shall now enjoy the good creatures of god , and shall have enough of the outward mercies , as for the back and belly so that there shall be no complaining in the street . and presently after this , there appeared one that was very glorious , and he had a cup in his hand , and it was full , and he gave it to men and to women for them to drink , and i said , lord , who doth this man represent ? and what doth his cup signifie ? and what is in this cup ? and my excellent god the king of eternal glory said , by this man , is shewed i the lord of host , and the cup doth represent , that i the lord of host have something for to make men and women drink of : these men and women represent my sons and daughters ; and that which was in the cup , which the men and women drank of was wine ; which holds forth thus much : that it is the pleasure of me the lord of host , to give unto my sons and daughters for to drink-wine : for as much as wine is set forth to be a nourisher and cherisher of the nature of man , and as thou sawest them that did drink of the wine which i gave them were merry , and did fall to singing and to dancing : even so by my pouring forth of my spirit , or my self into my sons and daughters , so as to make my self manifest in a more clear discovery of my self to them , as to make them see and know that i the god of love , and peace , and glory , dwels in them , acts in them , and so doth all things in them , and that i have taken them up for to be my dweling place , and habitation , and that nothing can hurt them or do them any harm without me : will ocasion them in like manner for to break forth and sing , and dance , and leap for joy of heart , being filled with new wine of the spirit : for put new wine into old bottels and they will burst if they have not vent , or else the old bottles will spoyl the new wine : so i by filling my sons and daughters with my self , doth cause a spoyl first to be made in the old bottles , their body , and then afterwards doth cause them to bring forth my self , and so do my will : though it be the pleasure of me their king to act them in such a way as will prove the ruin of their good name , yet they must do it ; for the wine of the spirit must have a vent , or else the body will break . and the word of the lord came unto me saying , behold , and lo i looked , and there appeared a man , and he had in his hand a sharp knife , and he ripped up the bellys of men and women , even of all sorts , under what religion soever they were termed to be : and i said , lord , what is the meaning of this man that doth so as he doth . and the lord said , this man represents me the lord of host , and as thou did see him open them , it showes that i the lord of host have a peircing eye to discern what is in them , and what they are , notwithstanding their outward professions , and outward shows of holiness , yet i the god of gods see all their inward parts , and know their secret thoughts , and the private intents of their hearts , and how full of hypocrisie they are , dissembling with me and men , and how they make religion a cloak for to hide their knavery , even because they may the better cousen and cheat their fellow creatures , and keep them in bondage and slavery ; and also from the enjoyments of the outward creation , which i have made for man , that they may have the use of them , of the outward creatures , and so live comforatbly by enjoying the fruits of the earth ; for the earth is the lords and the fulness thereof , and al things are mine even mine ; therefore the crying of the poor , and the hypocrisie of all sorts of men , makes me make hast to declare that i the lord of host am now coming to judge the world with righteousness , and so to give them every one according to their deserts : but shall the son of man find faith on earth when be comes ? no , he shall not , for though i do declare my self by my servants the prophets , whom i stir up for to make out my self unto them ; yet i find and do see ; that amongst all sorts of men there is but little faith , for to believe that i the lord of host am now ready to appear in power , and in glory , and in majesty , for to confound and bring to nothing al powers beside my self , and so to make bare my holy arm in al nations , and so to lay open all mens hearts , and make them see their folly for dissembling with me : for as thou sawst them opened , and when they were opened to thy view , though before they seemed to be very white , yet even the most purest , especially those under the name of presbyterians and independents , who seemed very white , that is , they had very magilded outsides , as forms and ways of worships , as observing of the sabbath , and being zealous for they way of worship , even so zealous , as to judge , censure , and condemn those that were not of their opinion ; yet notwithstanding al this , their hearts are ful of hpyocrisie ; shewed by the blackness that was within them , and so instead of serving me , and bringing glory to my name , they make use of religion to serve their own ends , being as covetous , and as proud , and as ful of ambition and cruelty as those that make no profession at al ; and likwise the church called the anabaptists are linked much in your name , more for to make a shew of religion , then to serve god , even i the god of gods , out of love , as is showed by your harsh judgement and censureing those that do out-strip , or those whom i the lord of host am pleased to take up higher then you ; as such as are deluded and deceived by fancies , and by the divel , as it doth appear by your cruel words and speeches against them : therefore saith i the lord of host , who sees your outward professions , and knowes the secret thoughts and intents of your hearts , how that you do strive for to exalt your selves , and so to make your selves great , and are ready for to dissembly with me , the lord of host , as though you knew not any god at all ; for dissembling , and lying , and cheating that raignes amongst you , and amongst all sorts of people , ye have hardned you hearts as if the lord had spoken to you , and had told you that you shal never fal , and so you prompt your selves up in your ways , which i the lord of host must destroy , even your church ways , that so i may torment you , and purifie that blackness that remaines under your gilded professions , and so draw you up unto me , even to a more neerness and oneness with me , that so lying and dissembling may be taken away from you , and so make you deal plainly with god , and with your fellow creatures ; and for the rest even those of the world , that have no knowledge of me , i must torment them , by destroying their gods , and bringing of them to nothing : yet i must tel you , that they are in one manner not so much to be blamed as you ; because they know nothing ; therefore i look that they should perform nothing : but you that know something , and profess me , and act and walk contrary to me , you are but dissemblers and hypocrites at the best ; for you know that you must love all men , and yet you hate all that differ from you in judgement , and so deserve to be a little more tormented for dissembling with your selves ; i promise you you shal be tormented ; and though the world and you be given to dissembling and lying , and to eat and drink , and marry , and give one another in marriage , as the people of old did , it is but what our saviour jesus christ did prophesie should be the condition of you in the last age ; but as i the lord of host did forewarn my creatures , even man , and all creatures from destruction by my servant noah , and made him a preacher of righteousness , for to tel them that destruction was coming upon them , and that they for their wickedness must be destroyed : even so have i now , even i the lord of host , raised up a man , or two , or three , yea twenty , to testifie that i the lord of host wil shortly appeare , to confound and destroy all things by myself , as i did in the days of noah : for the wickedness of this generation doth surpass the wickedness of those that were in those days , but as my servant noah was mocked at , and laughed at , and also derided for telling of them that destruction was at hand , even so it is my pleasure now to send you a declaration , by one whom i have stirred up , and commanded him to put it in print , that you may see that i the lord of host wil come & confound you , and bring you to nothing , and destroy your gods , even your idols of gold and silver , & wil make you throw them away : but hang it say you , this is a delusion , the divel is in him , & so hath filled him ful of fancies , and hath distracted his braines , & hath made him mad , and so wil rail against him , and revile and speak all manner of evil against him : this i know you wil do , as they of old did unto my servant noah : but remember that that day as noah went into the ark which he builded , and all his family with him , and also all sorts of creatures , even then i the lord of host did begin to poure out upon them the fierceness of my wrath , as i had told them by noah , so you that mock , and laugh , and revile against my messengers now , & say the day of the lord is not at hand as yet , for him to do such things , ( and therefore wil not consider for to relieve the poor , and let the oppressed go free , and so to breake the bands of wickedness but wil stil persist in the evil of your wayes : as if you had no warning at all ; even for your own selves , when you think safty , and cry peace even then sudden destruction comes upon you , even when you little think of it , as it did upon the world of old , and then wil i torment and plague you for despising my messengers and servants , and wil be a terror and a dread to you , and you shal houl and weep , and my servants shall sing and rejoyce for joy and gladness of heart ; for as noah and all them that went in with him became one , and of one family , and all the creatures became one , as being in union and love one with another , even so wil i now make all creatures , especially my sons and daughters , for to eat and drink together , and so to be of one family , and of one houshold , having all things common ; and wil also make you that now revile them , be stil and silent , and in pain for doing so , and i wil make also all the creatures to be at love and peace one with the other , as they that were in noahs arke together , so that there shal be peace and union . and the lord said , behold what i wil shew thee ; and loe i looked , and there appeared a man , and he went up and down , gathering men together : and i said , lord , what meaneth this man togather men together ? and what men are these ? and my eternall god said , this man represents i the lord of host , gathering my people together : and i said , lord , what people ? and my god said , the jewes , that i may bring them in to believe on my name , and so to make them come with weeping and supplications , and and make them know that they have peirced me , and so have not bin in my way as to see and know that jesus christ their king and saviour is already come , but their eies have bin blinded and hardened , so that they could not see as yet : but though they have fell , yet i the lord of host , wil graft them into the vine again , and they shal see and know that i have according to my promise sent them a saviour and a king already , whom they have crucified , and i wil now make them see and know that they have crucified the king of the iewes in their own land , for which cause i have dispersed them , and made them to be a people scattered in all nations ; and all people have had them at command , so that they have bin the reproach of the heathen , and all the heathen or aliens from me the lord of host , hath persecuted them , and have shed their blood , but i will now even in the fulness of time open their eies , that they shall see and know , that they have crucified christ their king , whom all their prophets made mention of , and all their leviticall observations did typifie out : which king they shall now see was not to come at that time to deliver them from bondage of other nations , but shall now even at this time which is to come , see and know that all faces shall be made black with paleness , and a noise from a mongst them shall come forth , that the lord hath founded sion , and the poor of the people shall trust in it ; even i will make my people now come with singing , and with rejoycing , because i have opened their eies , and have taken out their stony hearts , and have given them hearts of flesh , even such hearts , as they shall no longer denie that jesus their saviour is come , but shall confess that he is come , and that they have crucified him ; and so shall see that i have caused them to be in such a condition as they are now in : for it was my good pleasure that it should be so ; but now will i rise , and will show my power for to redeem them from this egyptian bondage they are now in ; even as i did appear for their fathers of old , and did bring them from the land of egypt by my mightie and strong hand , by my servant moses , whom i did stir up for that purpose : even so will i make my power seen in all nations , by stiring my servants up , and also by sending them a leader for to lead them , as my sons of old had , and as all kings and great men fell that opposed them , even so will i make all for to fall and perish , and become as weak as water , that so i may bring you into your own land again ; and all those that hinder you or rise in armes against you , shall be drowned in my wrath and sore displeasure , even as pharoah of old was drowned in the red sea , so i will set me glory and honour , and will make you appear to be kings and conquerours , through me that love you ; and so wil bring you into your one land with joy and gladness , and there will make you for to ly down in peace , and to be at rest , when i will torment and trouble all nations that have fought against you , and they shall weep , and houl , and cry out for sorrow of heart ; but i will make you my chosen ones , and also them whom i wil bring up with you , and have called them by my name , to come and go up to the height of sion , with everlasting songs , singing and rejoycing with abundance of joy , in that i have created jerusalem a joy , and her people a rejoycing : for i will make a new heaven , and a new earth , wherein righteousness shall dwell , for i wil make desolation , and wil destroy all things that are now at the present , and so will make all things new ; new in respect that i have gathered you out of all countries , and have once again brought you into your own land , for to make you the joy , and the praise of the whole earth ; and the place and land where i wil in glory delight to dwel ; and so wil make all your enemies come bowing and bending and submit unto that hath and wil stil bring you in the everlasting joy , where all is joy , and all shal be joy and peace ; so that they shal bring ( even your enemies ) their treasurs and riches , and the fullness of the gentils shall be brought in : rejoyce and sing , and shout o ye daughters of jerusalem ; for behold , i will come , and will take all sorrow from you , and ye shall see evill no more , and i will make all your enemies your foot-stool ; and all evil shal cease from amongst you , and i will make the dayes of your mourning to end , and so will make everlasting joy to shew it self , and you shal sorrow no more : behold i come , even i that wil save you from all sorrow , and from the cruelty of men , and wil make bare my holy arm , and all the nations shall see the salvation of god , even all people shal see and know that i have redeemed you , and saved you , and have gathered you from among the heathen , and have brought you into your own land , there for to make you the praise of the whole earth ; and all the glory of nations shall be brought into it , even into that city , where nothing but righteousness shall dwell , and all dogs , and sorcerers , and whosoever they be that have not right to the tree of life shal not enter into this city , even into this new jerusalem , which shall be made the praise of the whole earth ; for this jerusalem consisteth of all the sons and daughters of sion , who shall be brought out of all countries , and out of all nations , into this land which i have chosen , for to make my self a glorious name , and so to make my name a terror and a dread to all that come not into this city ; for without are none but forcerers , and such as makes a ly , as dogs and such filthy creatures ; for dogs are a most beastly creature , and seem to be a creature good for little , even here such as are to be left out are compared to dogs ; for all dogs are cruel and envious , and are ready to destroy themselves by fighting one with another , and also their condition is , they alwayes are grumbling and snapping one at another , as striving for mastery ; so are these people that are to be left out of this city , a people who have given themselves over to rule and domineere over their fellow-creatures , and would have all in subjection to them , and they would be lords , and so would have their fellow-creatures in bondage to them , and keep them as servants and bond-men , even for to work and labour for them , when they themselves have all the joy and pleasure ; but now , even upon such dogs , that have risen from cain and nimrod the mighty hunter , that have hunted , and also have catch their fellow-creatures in their snare , and so esau-like , would have all in subjection to them , even upon such shall my hand fall very heavy , as for to plague them , and so to punish them , that i may make them know that my time is now at hand , for to give redemption to my creatures , especially to my sons and daughters , whom ye esaus , and great men , have kept in bondage and slavery , and so to make them a joy and rejoicing , singing for joy and gladnes of heart , where ye esaus brood that have a long time raigned over them , shall be trodden as straw under foot , and be fit for nothing but to be left without , even without my joy and love , because of your sorceries , because of your estrangness from me ; counting all your pleasurs and happines to be in things here below even in outward substance , treasuring up gold and silver , which hath bewitched you from the truth , and would not let you hear that the best and cheifest commandement is , for to sell and give to the poor , but when this hath buzzed in your eares , and your own conscience accusing you for it , you have like the young man in the gospel , as you call it , which fain would go to heaven , and so have rest , but loth to fulfil our saviours command ; sell that which thou hast and give to the poor , and so thou shalt have treasure in heaven , as if my son christ had said , do not you think that by observing a little outward way of worship , and so walking on in formes , and making an outward profession of religion , having a forme of godliness , that you shal enter into my rest , not knowing that you are bewitch from me , in that you make so much of an outward estate , as of houses , and lands , and also of gold , and silver , wherein you put more trust and confidence then in me ; therefore it is but just for me the lord of host to deal , or to give you such a hard lesson for you to learn , sell all thou hast and give to the poor , for they have need of it , even of my mony , & , houses and lands ; which if you do not , you are like to incur my sore displeasure , and so to be deprived of my rest , for not submitting to this my command ; which is one of the greatest commandements , as that thou shalt love thy neighbour as thy self : but o thou proud esau , and haughty lucifer , that exalts thy self above thy fellow-creatures , what saies thou to this ? do i command thee for to sel that which thou hast and give to the poor ? and thou instead of doing so , dost quite contrary , even the oppress them , and cousen and cheat them , and bring them before the judgement-seat haling them to prisons , do you think for this that i will be as , wel pleased with you as if you had done what i commanded you to do ; sell that which thou hast and thou shalt have treasure in heaven ? which if thou dost not , i will shut thee out of my love and favour , and so thou shall not enter into the citty wherein my glory shall be manifested , and made for to out-shine all the glory of the world , because thou art disobedient to me , and wilt not love thy neighbour as thy self , according as i have commanded thee to do , but dost still persist in hording up of corn , and mony , and all the best of the things of the world for thy own private use , and so will not give to the poor , but doth count thy honour for to have abundance of the riches of this world , and wil live very gallantly , & go in the best , and eat of the best , when thy fellow-creatures have none of the worst , whom i love as well as you ; but o! thou proud esau that exalts thy self above thy fellow-creatures , i wil reason with you , how or wherein dost thou fulfil my wil ? i commanded thee , for to sell that thou hast , and give away , but that thou hast not , done : thou wilt have houses and lands of thy own , and gold and silver in bags and chests , when others have none ; and wil not if you hear one of your fellow-creatures cry for the lord sake give me something , you wil turn your eares from the crying of the poor , and wil tel a ly too , and say , you have nothing , when you have something ; though they asked in my name , yet you wil not give ; though i command thee for to give all that thou hast ; but thou wilt make a ly to save that which i have commanded thee , even all you that have abundance : to give unto thy fellow-creatures : for lyers are and shal be without : and again how dost thou love thy neighbour as thy self , when thou eatest of the best , and drinks of the best , and wears of the best , and lives at ease , freeing your selves from hard labour , which thy poor neighbours are made for your cruelty over them to undergo ? therefore consider this , left i take you away from your own pleasures , as you cal it , from eating of the best , and drinking and wearing of the best , and instead of it , give you ragges to put on , and the worst for you to eat and drink , even curse your dainty things , and make all things become gall and worm-wood ; because you break this commandement of mine : love thy neighbour as well as thy self : which if you did fulfil , which is my pleasure you should ; then would you give to your poor neighbours such things as your selves have : if you your selves have rost-meat , then would you give them rost-meat , or see that they have rost-meat ; if you your selves have good drink , then would you see that they should not drink water , but have good drink : if you your selves have good cloaths , then would you see that they should have good cloaths , and so would not let them go naked ; but would be like my servant job , give bread to the hungry , and clothes to the naked ; if you your selves have ease and rest from labour , then you would not see them labour like horses , and take no pitty of them ; neither would you then give your selves over to be so cruell and hard hearted , as to make slaves of your fellow creatures , whom i command you to love as wel as your selves : but here you may see how you slight me , and how little you regard me ; instead of doing what you should do , you do that you should not : i command you for to love your neighbour , and instead of my command , you hate your neighbour : but do you think this may serve my turn , or that i wil be pleased for you to do so as you do ? no , i wil not be pleased with you , unless you fulfil my commandements , as in love thy neighbour as well as thy self : which if you did , you would ●●●●●…te them : but you may say , they are my enemies , and shal i love them as wel as my self ? though they are your enemies , it is my pleasure that you should love them as wel as your self : love your enemies , saith my son christ , bless them , and pray for them ; that you may shew your selves to be like my father which is in heaven : but if you do not love your enemies , neither your neighbour , it shewes that you do not fulfil my command ; neither are you like me , who loves all , and causes my rain to rain on the unjust as well as on the just : but you cannot abide to hear of these things ; to let your neighbours be as your selves ; by reason of that proud flesh , that rules and domineers in you , as to make you think better of your selves then you are ; esau-like ruling and domineering over iacob , but i will cut you short , and wil make you , notwithstanding you go to church , and here sermons and have your children baptized , as you call it , and observe sunday ; that you have disobeyed my voice , and have not walked humbly with mee ; and so you are no other but sorcerers , such as must not come into my place where i will make my name known more then in any place , which shall be jerusalem the citty of the living king ; whether i will gather my sons and daughters out of all countries , to go thither and you that have loved to make a ly shall be shut cut even with dogs and sorcerers , and so having no right to the tree of life must not enter into the citty : but they that have right to the tree of life , shall enter in , even into my rest and joys , for the jerusalem which i have built , and wil gather my sons and daughters thither for to be tire place which i have appointed to be the glory of the earth ; and all the nations of the earth , even the great men , as wel as kings , and nobles , and others , that heap up corn and money , they shal bring their treasures and jewels thither , and i wil make them to rejoyce in me , and i wil joy over them and rejoyce in the midst of them ; i will be their god , and they shall be my people , even my chosen and peculiar ones , in whom i have delighted to dwel , and wil dwel ; and make them to be ful of joy and glory , even the glory of all the world ; and all the world shal become subject to me i the lord of host in my people , in my bride and spouse and chosen peculair ones , in whom i wil manifest my self to be a god of power dwelling in them , and they shal dwel in me , and they shal know that i the lord of host dwel in them , and wil make them to be a terror and a dread to all people , and all people that shal hear of my infinite goodness , which i wil manifest to them , shal even weep and houl , and knaw their tongues for pain and anguish , which shal fal upon them , being sensible of that joy , pleasure , delight and glory of that love and favour which i wil make out to my chosen & peculier ones , and nothing shal more torment them then the seeing and beholding my almightinesse ruling in them , making others to be as nothing in comparison of them , this i say shal torment you , even you o proud and stout ones , that are loth to be pulled out of your throns of glory , as to be deprived of that self & fleshly ruling power which in you , but though thou art to be deprived of it , yet thou shalt even of a sudden , yea in an hour when thou art ready to cry peace , peace , and so to flatter thy self in thy own fleshly pampe , to strive after riches and honour , and so to get thy self a great name : as when you have a bundance of oxen and cowes , and two or three farmes and perhaps bushels of money keeping poor creatures under you , even thy fellow creatures ; thus crying peace , and see no likelyness of a change , thou wilt not be mindeful of what i send unto you : but wil make slight of this businesse ; not remembring paules expressions , when you cry peace , peace , behold sudden destruction is upon you : even a consumption to all your outward glory , for a fire is kindling from me the lord of host , which shal enter into you , and burn you , until all things are according to my wil and pleasure ; for this fire is my spirit , which shal burn up all your fleshly pompe , and riches , and houses , and shal bereave you of all your gods , even your gods of gold and silver , and of worships , and houses , and lands , which you have made iodls of : even i the lord of host wil consume your glory , and honour , and wil lay it to the dust ; and thou self-interest that saies this is mine , and that is mine , shal utterly be consumed by my bright appearing , and i wil make you throw away your idols of gold , and silver , and also your lands , which now you possess , and your oxen , and horses , and all things , i wil make you say they are the all of all things , even mine the eternal god , and so say to your fellow creatures whom now we have made slaves of , we have nothing of our own , for if this be not sufficient warrant or message for to make you relieve the widdow and the fatherless , and so disperse abroad , telling of them it is yours and not mine ; i wil come with a far greater torment , and will appear in such fury , that i will make you think that you see the devil standing by you at all times tormenting you , and plaguing you , because you do not give up : therefore give up before i destroy you in my wrath and fury , for i am now risen to cal all my stewards to an account , even you mighty ones unto whom i have lent much ; but finding of you to be very cruel to your fellow-creatures , and that you have not dealt faithfully with them , i come to judge you , and to cal you to an account ; for your wickedness is so often in my eares , that i can stay no longer : therefore i pass this sentence against you , o rich men ; that i wil utterly destroy you , and bring you to nothing , yea i wil torment you day and night , that so i may make you know that the last dayes are now at hand , which my servant paul spake of , even the day is now at hand , that they that are married , shall be as if they were not , and they that use the world as if they used it not : why so , as if you should say ; the same apostle gives a reason ; for sayes he , the fashion of this world passeth away : o you rich men , leave off hording of gold and silver , least the rust and canker rises in your conscience , and so makes you hang or drown your selves , and so you run your selves into a pit of misery , even into hell , for the married shal be as if they were unmarried ; that is , i by my bright appearing wil so powerfully manifest my self , that i wil be a sharpe two edged sword , cutting and devouring in sunder all the waies that have bin acted contrary to me that is now on foot : for i wil gather my own together from the power of their enemies , that if any of mine , whether man or woman , be joined together to one , that is , of my stock , nor wil have no heed to my voice , if it be a man , he may freely leave his wife ; if a woman she may freely leave her husband , and in my sight do it lawfully , because the time is now at hand that those that are married are as if they were unmarried & i for this end and purpose , even i the lord of host wil have it to be so : that i may seperate the just and unjust , that i may gather my sons and daughters out from amongst their hateful enemies , and bring them into their own countrie ; which shal be the jerusalem that now lies wast : but it shal be inhabited once again , and made to be the praise of the whole earth : therefore flee every one of you out of babylon , for her judgements are great and reaches to the skies ; and go you up into your own countrie , and there declare the praises of god : first i would have my people go out of babylon , which if they do , they must not tarry here , or in any place wherein i do not appear for to speak to them : but come you my sons and daughters out of babylon , your captivity , and bondage , and come with me out of this confusion , and out of these false waies and governments , and formes of worships : for i must pour out my judgement upon them all , and i wil plague all them that wil hinder you from doing my wil , as to keep you that you shal not come from them , even every thing that they have shal be a divel to them , especially to those that do not give up and say to their poor fellow-creatures , these oxen , and cowes , horses , bread , wine , corn , cloath , and all things are yours , as wel as mine , but when i have brought you out from amongst them , even into your own countrie , then you shal be at rest ; for it is sion , the place that i have chosen to dwel in , and wil dwel in , even in your o sion , whom i will by my strong hand bring back into your own land , even you jews which at the present seems to be a people scattered and peeled amongst other people , even you wil i bring , with the fulness of the gentiles ; and wil make you rejoyce , and sing , and leap for joy , for the lord , the king , the holy one of israel is in thee , even in every one of you , and none of you shall see evill any more ; o what a bundance of joy wil here be ! o you jews naturall , that have a long time bin strangers , but are now called in , and grafted into the true vine again , and for you also that are gentils by name , but are taken up with the love and favour of god , even i the mightie iehovah , for you shall be both of you united together , and be but one body and spouse of the king of glory : from whom i the king of glory have wiped away all evil , and you shall see sorrow no more ; but shal rejoyce in me , as a bride doth in the bridegroom , and so also will i rejoice in you , as my wife and bride and thee only in whom i do delight to dwel , when others shal be tormented and grieved with my sore displeasure , and with that work , i am about for to make them do : which is for to make the riches which they have made gods of , become devils to torment them that they may remember the words of paul , the time is coming that they shall use the world as if they used it not : but o you rich ones , how do you do at this saying , you must use the world as if you used it not ? which if you did , you would not do as now you do , lay up treasures for the rust and canker to get at , to be a witness against you , or for you ; to lay up great store of riches , is to use the world as if you would never part from it , or as if that should never be taken from you , which i tel you , it must be taken from you , and you also made to throw away your gods of gold and silver , and also all other things , as to claim no right to them more then another man ; in so doing you may be said to use the world as if you used it not , and not while you do so , wil this saying be fulfilled which shal surely come to pass , for the fashion of this world passeth away , but how may it be said , that the fashion of this world goeth away ? the fashion of this world passeth away when that which was once in high esteem goeth out , and instead thereof there cometh a thing that is in opposition of what was before ; that which was highly esteemed of before , now grows out of date , and that which was not before comes now in , the fashion of this world hath bin in whole and in generall amongst all sorts of men under what notion of religion soever , to get riches and strive after them with all eagerness , as may be thereby thinking to get in estimation of the world , and so to be in great esteem among the rich ones of the earth , and also the fashion of this world hath bin to ly , cousen , and cheat , and also to make war one with another , one fighting against the other , with all might and strength , and only through a self and private interest , which hath occasioned so much blood to be spilt , and also hath occasioned many poor creatures to starve for want of food , and others have bin driven to extream poverty , as to steal for something whereby to keep life in the body , and all this hath bin done by the pleasure of my own self , even i the lord of host , who hath and wil suffer the things of my appointment to run their own course , until they come to their end , but now these things being allmost at an end , the word must become new , new in respect of what is now a coming on the world , that as the world hath former ly strived after , shal now become lothsome and abominable & most men shal see & know it to be so , for riches shal now be a hook which shall be readie to choak , those that have them , and so they shall see their folly in laying up treasurs for they know not who ; for what treasurs soever , or how much soever they be , must now be brought out ; for the day of the lord is at hand , which will consume all things besides himself , and so wil make that a plague which formerly hath bin the joy and delight of most men , even of all men : for former things are passed away , and all things must become new , for this ierusalem mentioned so often in scripture , must now be established above the hils and mountains , which formerly hath bin kept under by the power of man , but the world passeth away , gold and silver that hath bin made gods of , wil now be as plenty as it was in solomons daies , and as there were no beggers in israel , so now there shal be none to beg any more ; for former things are passed away , the saying this is mine , and this is mine , shal not long continue ; but at the end there shal be a change , which shal be very suddenly , to the amazement of all world-lings , and those that make riches their god , for these things go out of date , for now the time is at hand that we shall follow the practise of the apostles , and so shal hear them preach , and to break bread from house to house with singleness of heart , and so shal not so much look to our selves , as to let others be neglected , no , but we shal see to others , that they shal be in no want , and so shal have no want of any thing , which if we do , then shal we not only talke of denying our selves , but we shall wholy deny our selves , and shal not seek our own good , our own i say , and not another , but with all willingness seek the good of others , as being fellow-creatures , and all of one blood , made of one and the same mettal ; then shal wars and contention cease , and nothing but love grow and increase , and spring forth in abundance ; for i the lord of host wil make all my enemies to ly down and be at rest one with the other , so that they shal ly like a lamb and a sheep together ; and as for bears and wolves , they shal be taken away , that there may be no devouring , but there may be perfect peace , and love one with another ; for though i do gather my saints out of all nations to go to one place , even to jerusalem , so that they shal be freed from their cruel enemies , yet wil i also make such a work in all the earth , that oppression shal cease amongst them ; even those that are not brought into my love and favour , shal live and be quiet one with the other , and shal have all things common ; but for my saints , which have right to the tree of life , and so enter in through the gates into the citty , shal not be twain but shal be all one , both of one heart and one minde ; for i the lord of host , wil preach to them , and they shal hear me preach , and shal learn knowof me , even so much , that they shal see and know that they possess all things , and enjoy all things , and so have all things at command ; for this tree of life is my self , which if a man eats of , he shall live for ever , and also this tree of life , is in the city ; which city may be taken two waies , either mystical , or literal , mystically , the saints makes one city , literally , it is the jerusalem where my sons and daughters shal be gathered together ; the gates of this city is my power , which all must be indued with before they can enter into it : for the tree of life is my self , which will be there for ever , keeping of them , my sons and daughters alwaies in a continual supply , so that they shal have no want of anything , but the riches of the gentils shal be brought into this city , even into this new ierusalem , whose children shal be all righteous , and nothing but righteousness shal dwel there , nothing but the pure & chosen vessels of my love shal be there even with singing , & dancing shal they come thither , and leaping for joy , for the lord hath founded sion , and the poor of the people shal trust in it : o sion shout , shout and sing for joy , for all people shall tremble and quake for fear of thee , even for fear of thy most excellent king , i the mighty iehovah that dwels in thee , and i wil make thee to be famous , and thee to be desired far among all people ; this word shout , shewes abundance of joy , joy unspeakable in thee , shout and be glad , nothing but rejoyce and sing : let sorrow and sighing , and whatsoever hath formerly troubled thee , be now turned into joy and gladness ; i tel thee , that thou shalt be made the praise of the whole earth ; even thou ( o sion ) that hath bin scattered and driven into all nations , here and there one , but now i have founded sion , even thee , o sion , wherein i do delight to dwel , and will bring thee into my own place , even into a canaan of rest , from all thy hateful enemies ; so that thou shalt no longer be here and thereon , no , but i wil bring you all together , both iews and gentiles , and i wil make you to be both one , rejoycing in you , and wil be married to you , and you shal be my spouse , and my wife , who shal alwaies be feeding on the tree of life ; and so i wil make you live for ever : for all my joy and delight shal be in you , and i wil be your tower , and rock , and wals , and salvation for you ; and in that day you shal say , we have a strong city ; salvation will god appoint for wals and bullwarks ; even a free universal liberty from all sorts of enemies both within and without , and nothing but joy and love all being knit together in love , rejoycing in love heaving so strong a city , and all manner of precious things being there , even such a city and place for delight , that there shal be none like it in the world ; for nothing but joy wil i give you , and wil make you for to rejoyce in me your king of glory , and you shal be as so many kings and princes that shal reigne here on earth , every one of you no less then a king , that shal have all nations in subjection to you , by my mighty power which i wil manifest in you , i wil make you to break the nations in peices like potters vessels , even into , shivers shalt thou dash all thine enemies , whether they be turk or : pope , or any other countries , for all shal become as weak as water ; & i in the midst of you wil shew my self to be strong and powerful ; even so strong , that i wil make all nations to be silent , and sit stil , and let you alone , and instead of making wars against you , they shall beat their swords , and spears , and their weapons of war into pruning hooks , and the nations shall not learn war any more ; but i wil make them say , come let us go up to sion , and they will teach us their waies o what a bundance of glory wil i give unto thee o sion , that nations far and near shal come up to thee to be taught of thee ; and indeed they shall have great need , for i wil empty all other teachings of men , and all shal be barren , so that there shal be no perfect rest but to those that come to sion , where i the lord of host wil be the a lone teacher , and wil make them all to know me , even from the least to the greatest ; not only know me , and cal me god , because of my power being seen , in that i have made the heavens and the earth , for this knowledge of me all men have , yet they are ignorant of what i am ; which my people that dwel in sion shal know ; they shal see me in my glory , and know me what and where i be , they shal see me every where , and know that i am in every thing , and that the whole world is but a garment to cover me from the visible sight of men : and thus wil i appear in my people , gathering them together , where i wil manifest my self unto them , and raise them from the dead , even all israel from this death of sin and corcuption ; and wil make them to be partakers of the second resurrection , on which the first death shall have no power ; and so all israel , even the whole house of israel , shal be gathered together in righteousness and in truth , and they shal glory and rejoyce in me , even in mount sion ; yea even the place where my son jesus was transfigured and changed , so that his raiment became white and glistering , and the two apostles seeing of him in this condition , said it is good to be here ; for the glory that was seen there , which was but a resemblance of my gathering my people to sion , and so making them to be as one , and when i had so gathered them together in the last daies , there to make my glory shine in a more lustrious and glorious manner then ever i did when my son jesus was on the earth , for his being transfigured and shining so bright , shews forth abundance of light and glory that shal be manifested to you now in these last daies ; for as soon as he was in garments that were white and glistering , it shewes that i wil appear to be a light , and a more excellent light to you then yet i have bin , for the glory was so great at the transfiguration of my son , that made his disciples say , it was good for them to be there : even so shal my appearing in you and glathreing of you together , shining in you , and among you in so glorious a manner , rocking you a sleep in my glory , shal make you say it is good for us to be here , even in this place where it is thy pleasure we shal be ; for here shal we be in the same condition as the two dissciples were in ; for at the transfiguring of thy self , made them to say , it was good for to be here , by reason of the more transcendent glory they saw far more then they did before , notwithstanding they had a long time bin in jesus his companie ; so that notwithstanding those glorious discoveries which you have had of me , and those glorious breakings forth of light which hath bin among you , wil appear to be nothing in comparison of that light and glory you shal have when you are taken apart from the people , as the two apostles were had in the mount , even then shalt thou see a more glorious discovery of me , when thou art taken wholy out of babylon , and wholy from all thy enemies , and brought up into the mount even into jerusalem the place which i wil adorne with all manner of precious things ; as jewels of gold , and pearles and precious , stones of all sorts : and i wil change these glimpes of light and glory which thou now hast , and these little sparkes of light , into a full and perfect view , wherein thou maist see clearly my light and glory , and so these sparkes become coales of fire that shall appear in a more fuller manner to thee then ever they did before ; which wil be in such an extraordinary manner that al things else shal become nothing in comparison of this glory which i wil now make you to see . and whereas jesus was transfigured before his two disciples , and they saw him in glory , and he was not alone in this condition but they did see moses and elias talking with him , this is a mistery which shewes , that i the lord of host appearing in my bright and glorious dispensations , which wil now be , i shal appear alone ; but as moses and elias was with christ when , he was transfigured , even so shal moses and elias now be with me in my bright appearing to you ; and not only moses and elias , but all that have bin my faithful servants , even the whole house of israel shal appear in glory , and you shal see and know them that they are moses and elias , and the rest of my saints , whom i have now raised up to come and be with you , and have given them a body as i have seen good , and enoch of old prophesied ; the lord cometh with ten thousand of his saints , so now wil i come ( not only with ten thousand , but ) with all my saints to gard and keep me company , and so wil make my name a glorious name , and a memorial for ever ; and i thus appearing in glory and majesty , wil make all my enemies to tremble and to quake , when they shal hear that i the lord doth raign in mount sion , and that i have brought moses and elias , and all the rest of the prophets thither : there for to make thee rejoyce in me the lord of host , clothing them with my self , and making them for to appear in glory , giving them a revvard , that they shal come and be in my love and favour , and that they shal now rule over all their enemies , and all their enemies shal be but their footstool , and they shal now tread and trample that wicked spirit which hath often persecuted them , to nothing ; and so now shal appear to be kings and conquerours through me that love them : here is but a glimps of that glory which you shal enjoy when you come to sion , when you see me and all my saints with me , rejoycing in me , and i in them ; but how ever know this , that sion shall be made the praise of the whole earth , and all glory shal be there , even all manner of precious things ; and all the nations shal ly down in their dust and be brought to shame and confusion and the lord alone shal be exalted , and wil magnifie himself , and wil get him glory and honour over all his enmies , and so wil bring to nothing all those that have opposed him , and wil make sion a scourge and a torment , that shal torment all nations , when they hear of the love and favour that i wil do to them , and when they hear of that glory and beauty that i wil make to shine amongst them ; and when they hear of that priviledge that i wil give you , o you sion ! that you shal alwaies rejoyce , and sing , and shal dwel in peace , and he of one heart , and of one minde , glorying in me , and rejoycing in me , and blessing your selves in my name ; and shal see nothing but joy for former things be passed away , and all things now become new , nothing but righteousnesse dwelling among you , and the glory of me the lord of host overshadowing you , and keeping of you from sorrow and weeping ; having redeemed you out of the hands of them that were stronger then you , and have made you now stronger then all your enemies , and all shall lick the dust of the soles of thy feet , and cal thee , the sion of the lord , the holy one of israel ; and whereas thou hast been forsaken that no man went through thee ; i wil make thee the glory and excellency of many generations even the joy and delight of the whole world : a place wherein there shal be nothing but singing and rejoycing in god ; even in me the lord of host , who am the all of all things . and the lord said within me , behold , & i looked & there appeared three suns ; and they were one above another ; the lowest was not so glorious as the midlemost , neither was the midlemost so glorious as the highest ; for the highest of them did outstrip the other in glory ; and did shine so gloriously , that it did darken and put out the light of both the rest ; for i did see that the midlemost had put out the light of the first , even so that it did scarse shine ; but the highest did so gloriously shine in such a bright manner , that the lesser lights were but darkness to that . and i said , lord , what meaneth these suns , and one to be so bright over the other , and so to darken the rest ? and my god said , that these three suns hold forth three dispensations , one of them more glorious then the rest , and as they do appear unto you in glory , so did they shine for the time of their being ; and the first sun doth hold forth the first dispensation , even that , which was given by me the lord of host to moses , even that law that was written in tables of stone , and the children of israel had amongst them ; therefore as i did appear to my servant moses in such away as to give him a table of stone wherein was written all my statutes , lawes and judgements , as i commanded my people israel to observe and keep , as the observing of the seventh day , and the offering of sacrifices , and the slaying of the pascall lamb , and the giving of them by tribes an inheritance , that they should not deal with other nations , as to make marchandise with them , were but all tipes and figures of the appearing of my son christ in flesh ; and so it was but a darke dispensation , in regard that it was but a dispensation that did hold forth christ to come in the flesh ; and those that lived under it at that time until christ had lawes and commandements for to observe ; which they were never able to keep or fulfil ; so in this respect it did shine gloriously for the during or continuance of that time they were to continue ; because they my people israel , had lawes and ordinances which all the nations besides them had not , and so god did not deal with other people as he did deal with them ; as the psalmist saies , god hath not dealt so with other nations as he hath dealt with us : that was in regard of my love and favour which i had to them as for to make choise of them at the first ▪ & so did take them as a peculiar people from the nations , to whom i did commit my oracles : yet this was but a weake dispensation , because it could not give life to them that did keep them ; but those that were in the account of me the lord of host , it was by looking to my promise ; even to iesus christ , which i did promise life by ; and so when the fulness of time came , that my son iesus was to be made manifest in flesh , and was borne , then the dispensation of types and figures ceased , and was not to be ; but was put out by the appearing of the second sun ; which was the second administration , even christ a saviour coming in flesh amongst man , and so was by power declared to be the son of god ; herein even i the lord of host did appear most gloriously to the people in that age , by giving of my son iesus and his disciples povver to do and work miracles , which continued so long as my son was visible amongst them in flesh , and then it ceased as he ceased from being amongst them ; and this administration , was to continue for a time , as moses were , for all the lawes , and waies , and rules that are contained in this second administration , as given out by iesus in the flesh as he were , was but to continue for a time ; which time was to last so long until all the kingdome shal be delivered up into the hand of the father , that he might be all and in all ; that is at the end of this administration , i wil take the power uuto my self that is i wil make my self manifest in such an extraordinary way or manner , as wil appear to the confounding or putting out all other lights besides my self ; as the third sun did appear very glorious to the rest , so wil i in this administration of making out my self , or preaching my self in my sons and daughters , make my glory for to shine in a more extraordinary manner then before i did , for though i by my bright appearing in my sons and daughters , and in the world , at the time that my son was on the earth , did so powerfully operate in them , as that they must needs hold forth my image of love , for it is love that holds me forth more then any thing , and love it is that is the image of god , and i the god of gods did make them shew love one unto the other , by making them give bread one to the other , as they did ; and so went from house to house and break bread together and had all things common , this was but a tipe of that great work which i wil now do , as for to make not only my sons and daughters live in love and peace , and union , but also wil make their enemies to be at peace with them , and wil make them weary of their idol gods , as gold , and silver , and so wil take from them that oppression that hath raigned from time to time ; and this i vvil do in my bright appearing in my sons and daughters , that shal see me to be their life and joy , and so to have nothing in worth or esteem besides my self , and so wil make them to be the city or temple that shall have no need of mens light , or candle-light ; but i , even i their god , will be their light , and so wil speak and preach in them peace and joy , and so wil free them not only from looking after creature objects , but wil wholly draw them up to live in me , and wil make them to see that they are dead , and cannot eat or do any thing , but all their life is i the eternal god dwelling in them , and causing them to hear a word behind them saying , this is the way walke in it ; and so the new covenant shal be written in their hearts , they shall all know me from the least to the greatest , and they shall sin no more : at by my bright appearing or making out of my self to my people , i wil make them to know me , and all the rest shal know me , for i wil be a terror and a dread to them , and so wil make them to be afraid of me , and know me by my power that i will exercise over them , when my sons and daughters , even the new jerusalem , shal see former things passed away , and all things become new ; all those things which formerly were sin to them , and did trouble them , to be no longer so , but new , and all sorrow to stay away : then it wil and shal be to them that laugh and mock and revile my saints now , a fear and a dread , whereby they shal be in misery and in pain for doing so as they have done , for i wil appear very glorious in my sons and daughters , i will destroy them all , even all their enemies , even within and without , so that they shal not sin , but shal be wholly seated in liberty and freedome , and shal do nothing but my pleasure , and i wil joy in them , and they shal joy in me for evermore . so that in this third and last dispensation , god wil appear so gloriously in his people , that those that god is not wel pleased for to make out himself in love unto , shall acknowledge that these are the sons and daughters of god , and so shal cal us even the saints , the ministers of cod , and the preists of the lord , such whom the lord hath raised up to be restorers of the breaches , and making of pathes for to dwel in ; for my work is now to make a seperation for them , says the prophet ; then shal ye return and discern betwixt the godly and the wicked , for i the lord of host in this last age wil make a clear distinction , by manifesting my power , and by destroying all things besides my self ; so that i wil make my saints to shine as stars in the firmament , by my bright appearing in them ; for i the day star , being risen in their hearts , wil occasion all darkness to vanish away , and will make them shine so gloriously , by giving them a new name , which none shall know , but them that have it ; for i wil make up my jevvels in that day , and wil make them to shine illustriously , that i wil make the wicked acknowledge of a truth , that god , even the eternal god , dwels in them , and wil now be worshipped in spirit and in truth , without forms , and rules , and ways , which hath already been : but by my teaching in them , i wil make them to give up themselves to me ; and so to rejoyce in me more then ever they have done as yet , i wil fil them with my spirit , for i being of as great power as i was of old , so that they shall now see and know with cleerness , and speak as the spirit moves them , and talk as i act in them , even in such a sure way as my servants the prophets did of old , for my hands are not yet shortned , but can do such a work stil as to make my saints no longer doubt and question what they say , but shal surely say the lord speaketh thus , and so shal speake infallible once again , and not to doubt , as they do now , and have formerly ; for i wil now open that mystery that hath been sealed up with seven seals , as a token of darkness , yea perfect darkness : which mystery wil be opened now the seven last trumpets sound , and the last vial is now a pouring forth , which mystery is only god appearing to all in all ; and i the god , even the eternal king , taking my power my self , as to make all become subject to me , and not to formes , and so to make my self known that i dwel in men , and so wil preach in men , and wil cause other preaching which hath been in my offence to cease ; and i alone wil preach and speak to men , and wil tel them this is the way walke in it , when they turn to the right hand or to the left hand , when they are going astray from me , then i wil speak to them for to make them come in the way which i would have them to walke in ; which if rightly considered , wil make my sons and daughters greatly for to rejoice to see their god eie to eie , or to hear him speak in them , it wil save abundance of trouble ; as it wil make them leave off runing after broken cisterns that can hold no water ; and also from runing from mountain to hil , and so finding no resting place : o saints here is a resting place for you , leave off gadding abroad , and runing after other lovers , for i am your rest , and your dwelling , and be silent and sit stil , and i wil speak in you , yea even i wil speak peace to you , and no good thing i will withhold from you ; and i wil shew you where i make my flock to rest and ly down at noon days , and where i lead them to the lively fountain of living waters : o this place of rest , and place where i make my flock to rest , is for to bring them up in to me and then they shal finde a canaan , a rest indeed , and a river of living water , which shal never be drie , but alwaies flowing forth with life and nourishing , joy and comfort to you that are thus brought up from all creatures , and so only wait for the speakings of me the lord host in you , which i wil surely do to the abundance satisfaction of your soules ; and you shal hear of it , and so shal ly down in ●…est when others shal go about to seek rest by outward objects , and shal finde none , or by looking after outward things , and none shal come . and i saw a vision wherein is shewed that there shal be gathered out of this land a people that shal go to jerusalem , and also the iewes that are dispersed in all nations shal be gathered together , to go with them , and also a remnant of people out of all lands , that shal go to ierusalem ; that so the saying of the prophet might be fulfilled , that all nations shal go and worship at jerusalem , the vision is as followeth . there did appear a pair of scales , and within each seale a weight , one of them being a great deal bigger then the other , and it was to me like lead ; and the other being a little one , and like unto silver , was too light for the other for a while , and so the great one weighed it up , and held it for a while up ; but at length the scales turned , and the little weight weighed up the great weight ; and the great weight fel to the earth , and was no more . and i beheld that out of this little weight there came men and women , and i said , lord , what meaneth this scale , and the hand that holds them up , and the weights in them ? and my god even the eternal king of glory said , the scales signifie the earth , in whole the material frame of heaven and of earth , and the hand by which the scales were held , is shown my power by which i have erected them and so doth stil hold them up from falling down , the weights signifie two peoples , or two powers , the wicked and the godly , or the earthly powers , or my power ; by the great weight is set forth the earthly powers , and also wicked men , which have had powers and have ruled over my sons and daughters a great while , as was shewed thee by weighing up the little weight ; and so have kept my people in bondage and slavery to one thing or other , as to the rudiments of this world , and traditions of men ; but as the scale turned , it shewes a turning of things upside down , and as the little weight waighed the great one up , for as much as by the little one is meant my sons and daughters ; and made the great one fall to the earth , and so to be no longer , is shown a destruction of those thieves that were , and that which were not , is now to come to pass ; as the powers of the earth and wicked men have ruled over my saints , the time is now come , they shal do so no longer , but must become subject to my people ; for the kingdomes of the world shal i now give to my saints , and they shal possess them for ever , and all the might , and majesty , and glory , and strength of men , shal be nothing in my sight , for i wil bring down the proud and haughty looks of men , and wil lay them low , even to the dust , that they may no longer be ; for i will now stain all the pride and glory of man , and make man appear to be but dust and of no strength , that i the lord of host may be exalted , and so become all the povver and strength of men . and whereas thou didst see men & women come out of the little weight , & sprad themselves abroad , & as they went darkness vanished away and light encreased much ; these people are my sons and daughters , vvhom i vvil stir up to go to jerusalem ; and out of this nation there shal go some , even the principal and chiefe leader of them shal be an english man , vvhom i have already chosen for to do the vvork of me : and also vvil i at this appearing stir up the jevvs that are of the natural seed of abraham , to go vvith him in their ovvn country ; and i did see also that vve that should go up should meet vvith many enemies , as moses did vvhen he brought the children of israel out of egypt , before they could get into canaan ; but as god destroyed them all before moses , and loshua and made vvay for his people then ; even so vvil he novv do the like , for he hath chosen one vvhich he hath indued vvith povver and courage ( like moses ) to be a leader , and god himself vvil fight our battels , so that al our enemies shal be made a prey to us in vvhat country soever vve pass through ; and vvhen god shal be pleased for to bring us up to jerusalem , then the lord vvil make all the inhabitants to run avvay , and so the all of all things vvil give us houses that vve builded not , for to dvvel in , and orchards and vinyard : vvhich vve planted not , for to eat the fruit thereof : and also in this vision there vvas shevved me one that vvas measuring a place , and it vvas to build a material temple , and the lord said it should be built , and i did see it built , and it vvas like unto pauls , and there vve vvere to meete tvvice or thrice , and then it should be destroyed ; and of a sudden i savv it destroyed and laid desolate , that vve should no longer meete there in that material temple ; but should worship god even the eternal king of glory , in spirit ; and presently after this , i savv al that vvere there , both men and vvomen fal dovvn to the ground as if they vvere dead ; but of a sudden i did see them all rise up , and so vvere as it vvere changed to a more glorious people then they vvere before , and they should never dy more ; and after this , there vvent a lavv out from amongst them into all nations and countries , for a law shall go out of sion , and so these vvere shevved me to be the bride , the lambs spouse and wife , to vvhom all nations shal become subject , and shal not lift up hand or foot against them , for they shal be a terror to all the earth , and all the earth shal be afraid of them , and shal vvillingly let these that are aftervvards a coming up , come up vvith ease and quietness , and help them forvvard in their vvay ; after this i savv all tears were wiped from them , and they should sorrovv and vveep no more ; but all things are now to them become new , and everlasting joy and gladness of heart , singing and rejoicing in god ; god speaking in them , and teaching them , and being the light of them , both by day and night , so as all darkness shall vanish avvay , and all become light ; and so they shal all of them be of one heart and one minde ; and after i looked and beheld , and i could see nothing but pleasant orchards & gardens , ful of fruit , and making a most pleasant smel , and all there food after this change vvas nothing but the fruit of the trees , and that they may have at any time , for as fast as one vvas pulled off , another appeared in the roome presently , and so there vvas abundance of plenty , and joy , and pleasant musick , and no more sorrovv and sighing ; but all rejoicing , freed from sickness and pain , & living in the i enjoyment of eternity ; & the joy and glory of this happiness , the more i go to relate i● , i shal but darken it , and so i leave expressing any more . and again my eternal god said unto me , behold , what dost thou now see ? and loe i looked , and there appeared a woman all in white ; and presently after the woman , there appeared a man , and he took the woman and carried her round about the room ; and when he had brought her round , he brought her in the midle of the room , and set her upon a high place , even the highest in the room ; and i said , lord , what doth this woman set forth unto me ? and the eternal god , even my father , the king of eternal glory , said , this woman doth represent my church , my spouse , my wife , even my peculiar and choise ones , whom i have brought up to see and know me , as i am the eternall being of all things , and how all things have their right being from me , who am the life all things , and for whom all things were made and created ; and as she was in white , it doth set forth , that i the eternal god have washed her from all her sins , and have taken her from all her foulness , and so have made her white , even so white , that she shal see and know now that all her sins and iniquities are pardoned and blotted out , and shal never come into my minde again , and so she shal know , even my wife , the spouse of my youth , even from all eternity , the peculiar and choise ones , and shal novv sin no more , but shal be like me , even so as i am , so they shal be , when i have gathered them out from al their enemies , into the place where it is my pleasure for to bring them , even into judea , for this is the place of my rest , and the place where i wil cause my spouse , even my wife , for to rest ; and so to be free from all her enemies , and so shal live in peace , and in quietness , resting in me , and lying down in peace , being sure that i their king wil preserve them from all their enemies . and this man which thou sawest take the woman and carry her round the room , sets forth me the lord of host , who by my own power wil do whatsoever i please with my spouse , my wife ; and so wil be controuled by none ; but wil do what i please for to do , and who are they that shal hinder me from doing of my pleasure ? and as thou sawest the woman carryed round ; it shewes forth me the lord of host , who wil by my own power go round , even the round world , and there wil appear in all places of the world where my sons and daughters are , and so by my almightiness , even by my infinite strength , bring my sons from them ; and as thou sawest the man after he had brought the woman round , carry her stil until he had brought her into the middle of the room , so wil i by my own power , not only finde them out , my sons and daughters the jewes only ; but i wil also bring them by my power into judea ; which is the middle of the world ; and as thou sawest the woman which doth represent my sons and daughters , set in the middle upon a hil ; even so wil i by my ovvn povver bring my vvife , vvhich are the jevvs , and gentils , vvhom i have chosen , into judea , and so wil set them above all hils ; even upon the proud hil , and they shal rule over the proud hil-flesh , and fleshlyness , even over al the nations ; and all the greatness of the earth shal be as nothing in my sight in comparison of them , even my chosen ones , whom i have purposed for to bring out of the countries ; where now they be under their enemies , and so wil free them from their oppressors ; and so they shal be by my mighty power , brought into a canaan of rest : again i the eternal god , even the infinite iehovah , by whom all things subsist and have a being , and i only am the life of all things ; therefore be ye not now as you was before in bondage to weak and beggerly elements , and so to be led about by the tradition and rudiments of this world , which shal perish and come to nothing ; but arise , and shine ; for thy light is come , and the glory of i the lord of host , is risen upon thee ; arise from all those foolish things , even from all things that you have lived in below me ; arise , i say , from out of the dust of the earth , and from that darkness which ye have formerly lain in , arise i say , from all death and sin , and from every thing that hath kept thee at a distance from me , and arise from all and every one of thy enemies , whom i have stricken with fear and with terror , and whom i have made to be afraid , arise i say , even ye o jewes , who are by nature the true olive branches , and once were broken off ; because of unbeliefe that the gentiles might be grafted in ; arise , i say , from that unbeliefe , to believe on me ; yea , i say , thou shalt be grafted in again , notwithstanding the unbelief , and hardness of heart ; and though thou hast bin as a woman grieved in spirit , and forsaken , having lost thy first husband , yet thou shalt now be found again , and instead of mourning and garments of sackcloth , i wil cloath thee with joy and gladness of heart , and thou shalt mourne no more ; for the daies of the mourning shall be at an end ; and instead of garments of sackcloth , i wil adorne thee with ornaments and with jewels , even the best and chiefest among all the rich treasures that can be found thou shalt be adorned with ; for i do bid thee arise from all former troubles and sorrows whatsoever thou hast bin subject unto , even from all manner of slavery ; as being servants and subject to the pleasures of kings and other great men , yea from the pope and turke ; arise saith the lord of host , for thy redeemer cometh , that shall turn away ungodliness from jacob , even all those things that you in my absent have busied your selves about , shal now be destroyed ; and all , yea whatsoever it is , must now by my bright appearing be brought to nothing and confounded , that i the lord of host may be all things ; therefore arise from death , yea every thing that you have bin acted in ; arise from them , for the time of the resurrection is now come , that you shal be raised from a condition of sorrow , and trouble , and slavery , and death it self , into a condition of joy and gladness of heart , and of life it self ; whereas formerly you have bin at the command of men , and so they have had their wils of you , it shal no longer be so with you now in this day of the resurrection : but on the contrary , you shal instead of being their servants , and at their commands , becom lords over them , and they shal withall their treasures , come bowing and bending unto you , such is the alteration that i wil now make here on earth , to redeem you out of the hands of your cruel enemies , and to bring you into my promised land , the place where formerly i did make out my glory and my name to your fathers of old , which was the people whom i did chuse out of all nations ; and so did bring them into that land where i did make my power and my name known , which was but a type of that glory which i wil now make known unto you & to my chosen servants the gentils ; whom i wil bring with you into this place where i the lord of host doth intend to hold forth my glory in a more powerful manner then ever i have done as yet ; and in a far more glorious manifestation of my self then ever i have done as yet ; even in so clear a discovery of my self to you , whom i wil bring up into the place of my glory , and the place where i wil make my self known ; and as formerly all were subject to my servant david , who was king of the jewes , even so shal all people be subject to you , whom i have appointed to bring into judea , for this is your resurrection ; i wil now raise you from all sorrow and trouble , and so wil set you free from all your enemies ; and wil make you the praise of the whole earth , and al the nations shal see and know that i have chosen judea to be the place of my rest , where i wil make my stocks to ly down at noon dayes , even in the heat of the misery of the nation wil i make the jewes and the gentils whom i wil bring up by my mighty power shal ly down and be at rest and so be in quietness and so wil cause the work of righteousness to increase , and it shal take effect , and the fwork of rightousness shal be quietness and assurance for ever for or my people , even for you o lewes and gentils whom i wil bring up into judea , and my people shal dwel in peaceable and quiet habitations , even in such peace and quietness after this first resurrection , that al your enemies shal be destroyed from you , and shal not be suffered to come to you or against you by no meanes , for there shal not be a canaanite in my house , even in this city jerusalem , or in the limits of your abode , but i the lord of host wil destroy them al , that you may be at rest , and so enjoy me without any let or hinderance at al , for wil i graft thee into the vine again ; and so wil raise thee up to thy former condition ; even to be my peculiar and choice ones , to whom i wil make out my self in a glorious dispensation and manifestation of my love and favour once again ; so that i wil make all thy sorrovvs to be forgotten , by reason of so glorious an enjoyment of me , vvho am the alpha and omega , and hath novv raised you up from from the dead , and from a condition of darkness into light . arise , and not only arise but shine , make it appear by your condition , that you are not only risen from the dead , but you have also light come into you ; therefore shine , and be not so dark as you have bin , when you were dead , and in your enemies hands , no , but be on the contrary ; shine , hold forth the glory of me your creator and redeemer , who have ransomed you from the hands of them that were stronger then you , shine , and let my glory be seen upon you , for they shal be afraid of you that hate you ; shine , ye therefore , and be like so many stars that shines in the firmament , and glister like so many as the only people that are redeemed from death to light : for thy light is come , i am your life and light , and by being absent from you , your condition was a condition of death and darkness , and you were compassed about with abundance of sorrow , by being scattered abroad in the world ; but i who am your life and light , even i the mighty god of jacob , am now risen to bring you into your own country , even together , ö daughter of sion , shout and rejoyce , and cry aloud , sing and make merry , and be glad in your king , who am now risen with mighty power , for to bring you into your own land ; therefore rejoyce and sing , for thy light is come & sion that vvas scattered abroad ; but now shal be gathered into your own country , even into judea : for the glory of the lord is risen upon you , even my glory is risen upon thee , for to bring thee out of a strange country ; and as pilgrims and sojourners into your country , there for to make my glory and light shine and rest upon thee : for the glory of the lord is risen upon thee , even upon thee ö captive daughter of sion : for to make you see and know that i have purposed to bring you into your own country once again , and there to make thee the praise of the whole earth and the earth to see and know my power by which i do things , saith i the lord of host ; who hath caused my glory for to arise upon thee ; for you have now a more surer word of prophesie , to which you do well to take heed , as to a light that shineth in a darke place , until the day dawn , and the day star arise in your hearts : this was given to the church in that age , who was to observe the word of the apostles then and at that time , they being but babes and children , & so had a rule for to walk by , which rule the apostle bids them take heed unto , that they walke by it : for how long ? even saith the same apostle , until the day break , until there be some further appearance of light , a more glorious dispensation then now is , and the day star in your harts , that is until you do see & know god dwelling in you , and so do see & know christ , who is the bright and morning star : to be one with the father , son , & holy ghost : but one god dwelling in you , who is your life and strength , and so to see this god in love , to be your all and in all , and the very life of all things : til then you being weake , have had need of a writen rule to walke by , but now you have no longer need of any thing to walk by , no not the scripture to walk by ; for i even your king and lord , wil be unto you scripture , and law , and rule , and ways , and formes of worships , yea i wil be all : arise and shine , for thy light is come , and the glory of the lord is risen upon thee , even my glory shall now shine upon thee , for to make thee the praise of the whole earth , and the joy of all the nations , arise and shine , for behold darkness shall cover the earth , and gross darkness the people ; arise , shine , your condition wil and shal be happy , saith i the lord of host , who hath made my glory to shine upon you , even upon you ö sion ; whom i wil gather into judea from amongst other people : but i wil tel you one thing , even you whom i do gather up into judea : for behold this , darkness shall cover the earth , and gross darkness the people : even when you shal see light , and walk in light , and have light to be your guide , and have my glory shining upon you , even then shal others , the earth , be covered with darkness , for there shal be no clear light , and sun shining upon the earth , even upon those that come not up to worship me the lord of host in jerusalem , but instead of light , there shal be darkness , and instead of breaking forth of light , there shal be a mist and a cloud that shal overspread it self for a while , so that they that go not up to jerusalem shal not have that clear light , neither shal they see and know that glory which i wil and shal make out to you ö sion : for you ö sion shal eat , and drink , and be ful , and have the bread of life , and water of life , when they that come not up shal be in want , and shal be hungry , when sion shal be ful ; for i wil take away all their food , even their formes and wayes of worship , and wil utterly destroy them and bring them to nothing ; for these things , as forms of worship have they had some comfort in using them ; but i wil leave these dispensations wherein i have formerly appeared , and wil make darkness cover the earth in this sence , for i wil deprive them of all their formes and church governments ; for i wil forsake them , and they shal receive no benefit by them , even darkness shal cover them , that they shal not see light in them , even gross darkness , even such a darkness wil and shal light upon poor creatures that walke by forms , and so think to be carried to heaven upon the sholders of their priests ; but darkness , yea such darkness that both priest and people shal be amased ; for they shal be driven out of their common-road , and so shal be forced to seek a new way , even this darkness shal light upon those that are malicious and ful of envy , and so would of a sudden destroy their fellow creatures ; darkness wil and shal overcome such ; for though they preach and pray , yet al wil not save them , but that they must be destroyed and brought to nothing ; for saith the lord of host darkness shall cover the earth : there wil be no clear sight of god , and no clear sight of my way : for they shal not come to my knowledge , and so to the enjoyment of me here or in any place , but where sion shal be gathered together , even my people , whom i have raised from the dead , and so wil bring them up to sion , at ierusalem the city where formerly i dwelt , which is in judea , and there i wil make them shine , and be the glory of the whole earth : and after this first resurrection that they shal have for to be raised from a condition of death and slavery , into a condition of joy and life , where the second death shal have no power over them : for this is the resurrection wherein i wil set you free from all death : and you shal dy no more , for i wil be your life , and you shal live for evermore , for now shal appear the sign of the son of man coming in the ayre : which sign of my coming , is now , forasmuch as i the lord of host , doth begin to declare unto my servants what i do now intend to do : for this ayre where it is said , then shall appear the sign of the son of man , is not meant only the ayre above , but rather that ayre which is in this earth of yours ; for as your bodies are earthy , so are they aëry , for they , even your bodys , are not compounded only of earth , but of aire , and so i appearing in your bodies , and so making choice of instruments for to do my work , and my strange worke , that is my sign , or the sign of the son of man coming in the aire : which sign is for to give people warning of what i intend to do , that so if i find them not doing what i would have them to do , they may the better be judged by me : and so punished for not doing of what i would have them do , for the appearing of my sign , is to declare unto them that i am coming to judge and destroy all things in man , especially in my saints , besides my self , and so to raise my son up from that grave and place of imprisonment , as now for the present lies in : even to restore her to life , that she may dy no more : for blessed are they that have part in the first resurrection , on whom the second death shall have no power : it is a most joyful saying to them that have themselves raised up to be brought into such a place where they shall die no more : which will be at the place where i have appointed to make my self glorious ; and so vvil appear in my glory , and so make my povver knovvn , by being a god of povver , vvho have raised up sion from amongst their enemies , and have brought her into her ovvn land , even into a place vvhere she my wife and i must be married , and so they shal live for ever , and never dy no more , for my sion shal be changed , & so shal become nevv ; for the old man vvhich for the present they carry about them , shal be destroyed , and the nevv man christ shal come forth ; and so they shall live for ever , and never dy more ; and so after this they shal be as the angels of god , as my son christ said , that should neither marry or be given in marrige but shal live in the ful enjoyment of me , vvho am the lord of host , that lives for evermore , for vvhen they are brought into the ful and perfect enjoyment of me , and be at peace vvith themselves , so as they shal never marry or give themselvs in marriage , according to the customes of us , novv these customs shall vvholy be destroyed , and a nevv one shal come in , that they shall live in pure and perfect enjoiment of me their creator , and so shal have the use of those vvhom i appoint together , and so shal have the use of one another . for the angels that neither marry or give themselves in marriage , are not any created substances besides man , as to be in a place above the skies , keeping of me company in one place : yea though it is true , the angels , the good angels as you cal them , that left not their first estate , do keep me company , and are where i am , and where i be there they be . for these angels made mention of , and also them made mention of in peter , that left their first estate , and so are reserved in chaines of darkness unto the great day : are no other angels then what is in man . for i the lord of host made man purely good , and before he fel , he was holy , just , and upright , being a pure angel of mine , and so one that should never dy if he had continued in the condition as he was set in : but it was the pleasure of i the creator to set him in such a condition as i knew wel enough he should fal : for had it been the pleasure of i the lord he should have stood and so have lived for ever ; for if he had stood and lived for ever , then should not my power have bin seen so much as it is now : for this adam was made good and just ; and all things in him , and all things besides him were good and not evil : but yet notwithstanding out of this adam who was made good and just , did proceed a serpent for to beguil eve the weaker vessel , and this serpent was not a serpent , a creature that poisons , and so lives as a creature , no , but this serpent was within eve and adam , and so was somthing from adam degenerated from its institution , from what it should be , to what it should not be ; and that is this , as adam was made good , and no evil was to be seen in him , as i the lord of host hath declared at the first : but that i the lord gave him reason , and knowledge , and wisdome , which in themselves were very good : for by these things he did differ from the beasts , and from every living creature ; and by these things , as reason , knowledge , and wisdome , did he give unto every creature which i the lord god had made , and also did he know the nature of every green herbe , and of every thing , as to give them a name . thus was adam in his first estate good , furnished with every thing , and so did live in paradise , even in god , and so had the pure and perfect enjoyment of the creator that made him ; but it did please me for to let him alone , and eve especially , being the weaker vessel and not able to contain her self in that condition , as to know much and do little : but she did put her self forward in a way for to eat the apple that she was commanded to let alone , for she had so much reason , wisdome , and knowledge , as that she knew wel enough that if she did eate of the fruit she should have bin as god ; and this the serpent , who being a more subtil creature then any of the beasts of the field was , did urge eve for to eat of the fruit : which serpent was no other but that reason , wisdome , and knowledge , which is the spirit of men , and women , and is in man very good of it self , if man had but power for to keep it under , from going about to do that it should not do ; and this was the only serpent that made eve to eat of the forbidden fruit : even that reason , knowledge , and wisdome that was in her , for that reason , and knowledge , & wisdome , that was in her , did degenerat from what it should do , and did do what it should not : the degenerating from what it should do , was its pride , by doing what it should not do : as it was given her for to know how she should keep & perform that she had a command for to do . it was good in its self , but instead of keeping , she breaks the command , & that by being beguiled by the serpent ; which is no other but her own reason , wisdome , & knowledge , as her god had given her , even i the creator : & so this reason , wisdome , & knowledge , which was a good angel , & the angels of god in adam & eve , by knowing more then they should have done , and so by presuming to go higher , even to be as god , like me their creator , this reason , knowledge , and wisdome , which was good and the good angels of god , even i the creator of all things did for presumption , turn it from what it was , even from a good angel or spirit in man , into a serpent , a wicked angel , an opposer of i their creator ; and so i did cast this wicked angel , even this wicked reason , knowledge , and wisdome , which became wicked , for presuming to go higher then it should have done , and so for this end and purpose did i the creator cast out this reason , wisdome , and knowledge , for opposing me in eve , and in adam , to be kept in chaines and in bonds of darkness , until the day of judgement , which chaines and bonds of darkness , is no other but giving it up to its own course , and so to let it run its own race in runing from me , and then giving it ever now and then a touch of my power and glory , which i do cause them to behold in whom this serpent doth remain , and so doth cause it to receive torment from me , for not making out my self unto them . and so these angels good and had are both in man ; the good . angels are the spirits of just men , that give themselves up to god , and so their reason , knowledge , and wisdome , which is the spirit of man , are the good angels of god , that are called ministring spirits : & these angels are always gods companions , and so do keep god , even i the all of all things company , and are alwayes with me , and in me , i being their rest and place of ease : for when any of my saints return from the earth , so that the body becomes to be dust again , then do i draw up the soul and its spirit to their centers , whose centers is i the lord of host , who am the life of all men : and their life is their soul , which must return to me again , i being its fountain ; and as for the spirit that returns to me when it leaves the body of a saint ; for i am unto them reason , wisdome , and knowledge , and so their spirit in them answers to mine ; which because it becomes subject to me , it is an angel of light , and also are angels and ministring spirits , whom i the lord of host sends out to minister comfort to my people ; and sometimes in formes and in shapes as i please ; and sometimes by making their spirits answerable to mine , and so make them rest in me ; whence as the body now lies in the grave , for saith the apostle , are not angels ministring spirits , set out to minister to them who shall be heirs of salvation ? sent out to them whom i wil please to send them to : so then the good angels , are the spirits of just men made perfect ; and so saith the apostle , we are come to an innumerable company of angels , even to the spirits of just men made perfect , here you may see by your scriptures that angels are but the spirits of just men , for just men made perfect are angels ; ceasing from labour and sorrow , for to rest in me the all of all things , who am the life of all things ; and so the angels in scripture made mention of , are but the spirits of just men whom i can make to appear in the form of a man , and what in power , or otherwise in what shape or form i please , and so good angels are but the spirits of just men , even of my saints which are deceased , or now contiuing and abiding in me the lord of host . the bad angels that fel and are reserved in chaines of darkness unto the judgement day of the lord of host , is the serpent that is in man , and is the wisdome , and reason , and knowledge , that is in man , which is the spirit of man ; and this reason , wisdome , and knowledge , which was made good , for all things were good , and so there were no evil , this for becoming to exalt it self , as to know more then i was willing to let it know , did cast it self under my wrath , & so became a curse , under which curse it stil lies , and so wil remain unto the judgement day : for this reason , and wisdome that is in man exalting it self against god , and not becoming subject to god , is the serpent that beguiled eve , and so it did adam , and so doth and wil do until it be taken away : and for beguiling eve it became a serpent , and a wicked angel thrown out of heaven , that is , out of the love and favour of i the lord of host , into darkness , that is , into my sore displeasure : and not only a wicked angel , but a divel , and so al wicked spirits are divels : for there were nothing created evil , but all was made good ; and this reason in man was good if it had but kept his bounds wherein i had set it , but by taking liberty to do what i would not have it do , it became at enmity with me , and so became a divel and a destroyer , and so a murderer ; a destroyer and murderer in that it forsook me the fountain of life , where it might have had rest , and so have bin at quiet , and so hath destroyed it self and hath made it self the very curse , and so is become the most odious and greatest enemy to mankind , puffing it self up , and wil not willingly be subject to i the lord of host : though it is true i could make it become subject to me if so be i would shew my infinite power for to bring it from the curse , even then would reason , wisdome , and knowledge , which is the spirit of man , and so consequently , the divel if it opposes god : become the greatest joy and comfort to man : for the divel is evil in it self , not made a divel , but he became a divel by disobedience , it being the good pleasure of i the lord that it should be so , and so then the spirits of wicked men and women are witches and divels : for as you read of men that were possessed with devils ; and as you read that christ did cast out devils : these devils are nothing but the spirits of wicked men deceased ; which as soon as they go out of the body they are not at rest , neither can they rest or be at quiet , but they are alwaies seeking about in whom they may enter ; yea though it be my pleasure for to keep them out of all , yet i do not , but do let them get into some , and there he becomes a worse divel then he were before , and so doth remain for the time of the bodies being ; and after that ceases , it goeth into another ; and these are witches , even the spirits of wicked men are witches , and i make use of them as my instruments to punish and plague other wicked men in whom the same spirit remaines : and i do also allow unto these witches power for to torment , as to bewitch the cattle of men , for they in bewitching of them they dy ; for it is my pleasure to suffer this for a while : and these witches are the divel and serpent mentioned ; and the divel that christ cast forth which run into the heard of swine , was no other spirit or divel but the spirit and divel of a wicked man deceased : its going into the heard of swine by asking christ leave , shewes that it cannot go into any it self or what it doth , it doth it by having permission from me to do it , and so nothing is done but i must give way for it to be done , as i gave way for the divel that was cast out , to go into the herd of swine ; which swine sets forth wicked men , for nothing is more like to a wicked man then a swine , for as a wicked man wil drink and be drunk , so wil a swine swil til he bursts himself , if he might be put to some ale or strong beer ; so that the divel being cast out of a wicked man , and the man become a convert , there is no place for him to be any longer , but the divel begging to go into the herd of swine , shewes his earnest desire to be in his element ; for the swine sets forth wicked men , and so the divel that was cast forth went into the wicked men , even into its center from whence it came . for the very rise of this divel , and also of wicked spirits which are divels , was not made by god , even by i the lord of host , to be so , but they departing from good , and made the good which i gave them evil , and so they became divels , declining from doing that which i commanded them to do ; and so the very rise and fountain from whence the divel came , was from man , his imaginations being continually evil , though man could never do so much as to do any thing contrary to me , but must of necessity do my pleasure ; for i only am active , and the creature only and alone passive ; so that divel that doth most torment men is god , who doth give power unto wicked spirits for to punish them , and wicked spirits do nothing but what is the pleasure of i their king , who suffers them to do as they do , while the time runs round , and comes to the same being and form as it was at the first . for the seed of the woman shall break the serpents head ; this woman is the church , and so the seed is christ in this church ; so then the christ which is the new man , shal in time rise and break in peices the old man , old adam shal be destroyed and consumed to nothing , the serpent whose head must be broke , is that reason , knowledge , and wisdome , even that serpent and divel that came in by disobedience , and must be destroyed , and so cast into the lake of fire ; for the day of judgement unto which this divel is reserved and kept in chaines of darkness , is the day of my power , by which power i wil destroy and bring to nothing this divel , for the day of iudgement when i wil judge this divel , it wil be my bright appearing to confound the adversary , and so to bring to nothing all the serpentine wisdome of the flesh ; and also all the cuning and craftiness of the proud flesh ; for the chains in which this serpent is reserved , is nothing else , but that i do out give unto all that power and strength to come into its first station where in it was set , which in time i wil destroy al besides these things , that shal appear gloriously and shine by holding forth my glory , and wil make christ the new man , appear in power , spreading of it self in all , for to redeem all from this power of darkness , and wil make man to be as he was at the first , taking away the divel & wicked spirits from man , yea out of man , and that which was made good and become a divel , shal once again become good , and so become an angel of light , for my self spreading in my sons and daughters in my chosen and peculiar ones at jerusalem first , whither i wil gather my sion together , and that power that spreads in them shal in time spread it self , and never leave spreading until it hath redeemed the earth from the curse , & so hath redeemed man from being any more subject to the serpent , and so wil never leave spreading its self , until it brings all into its self from whence all came , and so shal all once again return , even into the same condition as adam was in ; for all to be as one , and all speak one language ; for as at the building of babel all were confounded in their languages , even so at the destruction of babel shal all be brought to speak one language , which wil be in revolution of all things , when the time , even that time shal be at an end , then wil there be a redemption from all bondage , not some only , but all , yea the whole creation shal then be wholly set free into the glorious liberties of the sons of god ; all creatures shal then have benefit by christ , yea the very poor beasts ; for all things shal become as they were in adams daies before he fel , even in the year vvhen i the lord even i the mighty god of iacob wil judge and destroy al that enmity that hath bin betwixt the creature , and so all that enmity that hath been betvvixt one creature and another , and all shal be set free even into liberty once again ; so that i vvil make all men to be changed , and vvil take avvay that malicious spirit that novv is and remaines amongst men ; and i , even i vvil bring all things round , and so vvil make my son christ to be a great redeemer , and he shal redeem all that did fal in adam , from death and misery , into the same condition as adam vvas in at the first , even to set all in purity , and so to make all live in god ; and so shal all israel be saved , and all ungodliness shal be turned avvay ; for it is my pleasure for to take pitty on the vvorks of my hand , & not to continue in vvrath against my poor creatures , vvho are not able to do any thing vvithout me , and so the time of the restitution of all things to the same as they vvere in adam before he fel , shal clearly be manifested after years be accomplished and brought to an end , but vvhile then , the creature man shal not be vvholy set free from the curse that is from serpentine vvisdome , and from being troubled and perplexed , because i the lord of host doth not shine upon them . for darkness shal cover the earth , and gross darkness the people , this darkness that shal cover the earth vvil be by reason it is my pleasure to forgo all forms and dispensations , and all outvvard vvorships vvhatsoever , and so vvholy to give the outvvard court to be trodden under foot , even al forms & rules , and vvorships , and governments of men vvhich they have set up , to be consumed and destroyed , and brought to nothing , and so i alone to be al & in al ; vvhen i doth this , it shal surely come to pass , even then shal the poor creatures be in darkness and not able to see light , by reason of my withdrawing my self to my own place and dispensation , even into my iudea , there for to make my light shine , & there to appear gloriously in and amongst my saints , whom all shal acknowledge that they are the seed which the lord hath blessed ; therefore my drawing my self into this peculiar place for to make my self glorious , and so to make my name in far greater esteem by all sorts of men then now it is , i wil make my light shine in a far more greater and glorious manner then now it doth , for i wil be the praise of the whole earth , i dwelling in my people , and my people dwelling in me , and i will measure the inward court , even my temple , wherein all flesh and fleshlyness shal cease and be no more , and i alone wil appear to be king , and the only ruler , and so wil cause my light to shine upon them , when darkness shal cover the earth , which darkness and gross darkness shal be by reason of my not shining in the world ; for all people shal be left in darkness and not in light that come not up to the place of rest ; where i wil cause my people for to ly down in peace , and so to be at rest , and so to be quiet , and be in peace . when nothing but sorrow and pricks of conscience shal accompany those that go not up to jerusalem , for that must be built in glory again , & set on her foundation , & so this manifestation of god not appearing to the creature , shal be hel & the lake of fire , wherein the wicked and all witches must be tormented , and ●his hel wil be in every place where i do not appear in love to the creature for wherein i do appear in love there shal be , joy , & peace , & no sorrow ; and where i do not appear in love , there shal be nothing but hel ; for hel shal be in this world , even in these bodyes shal men be tormented ; even by being cast out and not suffered to enter into the city , where nothing but peace shal be , but dogs and sorcerers shal be without , even they shal be in hel until the restitution of all things come , that there shal be no more divel nor hel , which wil be ( for all , the divel , and hel , and all witches shal cease then , even ) in the year . for that shal be a year of jubilee to all sorts of people , when all sorts then shal be brought into my love and favour , and shal so remaine ; and they shal dy , even men shal dy as formerly they used to do , that go not up to jerusalem , even they shal dy and be subject to change , until the time comes that they shal dy no more ; but my people shal hear the sound of the arch-angel , and they being dead in christ , shal be raised up to meet the lord in the ayre , even from that death they are for the present subject to , and so shal even in a moment at the founding of the last trumpet be changed , in a moment , even in the twinkling of an eye , and so shal be raised up from death into life , and from sorrow unto joy , and happiness , and so shal be ever with the lord of host , and so shal dy no more , but live for ever , and all the saints shal come with i the lord of host , even to be glorified , and so to receive what bodies it shal please i their king to give them there ; for it is true that my sons and daughters shal be brought to be glorified , and shal have bodies given them , though not the same bodies of clay as formerly they had , even they shal beraised up to live & reign for evermore ; even my saints as the saints formerly were raised out of the graves and walked up and down , so shal my saints be now raised up to be at ierusalem in glory , for the jerusalem is the place which i have chosen for to make my name glorious , and the place of my saints heaven : for though people talk of heaven above , there is none : heaven above is my self drawing my saints into my fulness , then i bring them into my third heaven , which is my highest dispensation , and the highest discovery of my love to them : and this heaven shal be here on earth , even at jerusalem , and the place about jerusalem , where i wil appoint my sons and daughters to be ; and this shal be their heaven they shal live in the ful enjoyment of i the lord almighty , and they shal see all former things to be passed away , and all things become new ; and they shal live in pure love , and in the full enjoyment , of i the lord of host , who hath made them holy whom i wil alwaies cause to rejoyce , and sing , and leap for joy of heart , because former troubles are passed away , and all are now become new , and all things shal be new ; for the lord cometh with ten thousand of his saints , and the . lord will raign in mount sion for evermore : even i the mighty god of jacob wil raign for ever over my people , and over my enemies , and all shal become subject to me . but the lord shal arise upon thee , and his glory shal be seen upon thee , when nothing but darkness shal be in the earth and in the outward court : though there be nothing else in the earth , but darkness , such darkness as men ( earthly men ) shal have no comfort at all in all their outward formes and waies of worships ; which is the outward court , and is not to be measured at all , but is to be left to be trodden under foot , as that which shal come to nothing , and as a thing of no account , by aliens and gentils , even by such as know not me the lord . but as for my sons and daughters whom i have made choice of , & so wil bring them into judea , there to make my glory to be seen amongst them : then shal they see that i am risen upon them , and so consequently , they are the inward court which is to be measured , and so to be made much of : even that new man christ the anointed that is in them , shal increase and grow so strong in every kind or degree , that their old man adam shal be destroyed and quite brought to nothing : and then in these ( i mean the jews and gentiles ) which shal be gathered into iudea the land of promise , where my glory shal be seen and made to appear to all the world , and the partakers of this great glory , shal be the inward court that shal be measurable and made glorious ; and the inward shal increase more and more , and so it shal at length break forth in such a glorious splendour , and in such a clear and bright manner as never hath bin as yet , which inward court shal be taught by my self , and so shal have the injoyment of my self , when all flesh , and fleshly actings shal be destroyed and brought to nothing ; and so shal this new man which is spiritual be wholy freed from the curse , and shal never have the like power again for to come under the curse , even under that curse which adam brought into or upon the world , as to dy and so to be subject to death or dying , but shal be wholly freed from the curse , and so shal be restored into the same condition again as adam was in before his fal , and so shal have no power any more to come under the curse ; but i their god wil so guide them by my eternal glory , which shal shine upon them , even upon the new man , which shal make al the old man cease from being , and so this new man shal be in a more glorious manner discovered to be , even this new man shal spring forth as to be altogether righteous , even the inocency and right cousness that was in adam at the first , when he was commanded not to eat the forbidden fruit : which fruit was nothing else then that he should not seek to be higher then i had set him to be , & so should not breake my words but fulfil them , which i knew wel enough he would break them and not fulfil them , by his longing desire after the fruit which i had commanded him he should not eat of , that is , he should not have any desire to know more then i had given him , but he should have rested himself in that condition which i had placed him in , and then had not he eaten of the forbidden fruit , and so had not done any thing for to displease . it is true i was displeased with him to his apprehensions , because i did curse the serpent , which serpent was that reason , knowledge and wisdome , which i had given him for to glorifie me , and so by cursing of that , it became a divel and so is my greatest enemy that now i have in paradise , even in my own peculiar people , to whom i have made out my glory most too , for the garden of paradise is man , wherein were nothing but glory , or wherein i had made my self to man to tarry , even in adam , and so would not have had him suffered at all , or knew any sorrow at al , had not he have bin so inquisitive for to have known more then i would let him at the first . and when he had eaten of the fruit , it is said he walked in the garden and was naked : that is , knew wel enough that he had disobeyed me , and so in that sence he was naked , as being stript of my glory , and of that injoyment of me which formerly he had ; even so that he could not have that free commerce or enjoyment of me as formerly he had , as to talk with me ; and he being naked , and had covered himself with sigg leaves , that he had sowed together ; was nothing but his own righteousness ; by which he would fain have hid his fault from me , and so would have made eve have lain in all the fault : and so ever since man being driven out of the garden as adam was ; which was from the ful and perfect enjoyment of i their lord : and so from having no more sweet and pleasant mirth with me , as adam had at the first ; have bin inventing and sowing sigg leaves together , that is , they have bin justifying themselves in their waies , and so wil not be ready to confess their faults , but to lay it to another , as adam did his : and adam being put out of the garden , there was set a flaming sword that turneth every way , for to keep adam from the tree of life , that so poor adam might not eat again and live for ever : for this flaming sword that did turn every way , was my power , my infinite power , for to keep adam from the ful enjoyment of me , and so from the tree of life : for i had withdrawn my self , even my power from adam , and so would not let him have that power again , but would keep him from the tree of life ; even from the pure enjoyment of me , and so from life which i had promised him , that he should have lived for ever : which priviledge he lost by disobedience , and by falling from me , and so hath never since obtained the same priviledge ; but all have lain under the curse for to dy : which priviledge i the restoring power wil now restore to my saints first , even to those whom i wil carry out of babylon , both out of mystical babylon , which is the very mystery of iniqity : and out of literal babylon , by my strong hand into judea , and so to ierusalem the place where i wil make my self more glorious then as yet since the fal of adam ; and so wil restore to my saints there , that priviledge as adam lost and hath not as yet bin obtained , but now shal be obtained , which priviledge shal be a ful and perfect enjoyment of i the creator of all creatures , and so to be freed from the curse which is from self , reason , knowledge , and wisdome , that is , they shall no longer have that reason , knowledge , and wisdome , which i did give to every adam , and so to every man going beyond the bounds , but they shal by my power stand in the ful enjoyment of me , as adam did at the first ; and so they shal never have power any more ( as adam had ) for to fal from the pure and perfect enjoyment of i their creator , as adam did ; but shal be restored into the same condition as adam was at the first , even into that condition as for to live for ever , even to all eternity , and so never to dy any more , as adam did by his fal , but shal be wholy freed from the curse ; as from all kind of sicknesses and sorrows which came into the world by reason of the curse which i pronounced against adam for breaking of my revealed wil : which condition they being restored into , there cannot chuse but be abundance of joy , which joy wil light upon my chosen ones , whom i wil gather to jerusalem , and joy and gladness shal be there : even to my sion that shal be gathered together at jerusalem , whom i wil make the praise of the whole earth , foreby light is come , and the glory of the lord is risen upon thee ; even upon thee , o sion , and thou shalt be established in glory , but the lord shal arise upon thee , and his glory shal be seen on thee , and thou shalt be made the praise of the whole earth ; and the gentiles shal come to thy light , and kings to the brightness of thy rising , even unto thy light , o ye jewes , whom i wil gather out of all the countries wherein ye have bin dispersed , even they shal come to see that light that i wil make known unto you when i shal have brought you out of captivity and bondage into the place of rest , or to that place which i wil make to be the resting place ; for thy light shal increase , and grow bigger and bigger , when all other lights shal be put out ; for i am the light , even i the lord of host , who wil make you to shine most illubriously and gloriously ; even so bright , that the gentiles , even my chosen ones ( whom i have made much of my glory out unto ) they shal see and know that your light doth not shine there , because it is my pleasure for to make my light shine upon you , even upon the jewes who ( through unbelief ) were broken off ; and gentiles were grafted in ; but now i wil appear unto them , and wil give them hearts to believe on my name , and so wil make them the desires of all nations : even all nations shal long and desire for to come to thy light ; because my glory shal be seen upon thee , when i have forsaken all other administrations besides this of mine , which i wil make more illustriously to shine , even to draw up my sons and daughters into spiritual communion with my self , and so they shal worship me in spirit and in truth : and kings shal come in , even great men of the gentiles shal be with you , for kings shal come to the brightness of thy rising : even when thou hast risen from that death which thou art for the present subject to ; so that thy brightness shal appear in a more extraordinary manner then now it doth , even then shal kings be brought to see thy rising , and to behold thy glory by my bright appearing and manifesting my glory unto you ; then shal thy glory far surpass all the glory and beauty of the world besides ; and none shal be like to thee for beauty and comliness ; for i wil make thee to shine so gloriously , that thou shalt dazle the eyes of all the earth , and all the earth shal stand and be amazed at thee , for the kings that shal come to thee , shal be such whom i have or shal crown with my love and favour , and so my love shal cause them to come to the brightness of thy rising , even thine , o iewes , who are by nature descended from abraham , and so are hebrewes , and are and shal be made the praise and glory of all nations ; for these kings shal see no light and comfort besides i the lord of host , and therefore shal they be brought to thy rising and shal see i the lord of host in a more especial manner appear to you in ierusalem , whom i wil cause to be inhabited , and made the praise of the whole earth , in such glory as they shal not be able to tarry behinde , but shal come to the brightness of thy rising ▪ even when the nations of the earth shal see that i the lord of host hath raised thee up from that poor estate and condition that thou art now in ; even from death and slavery ; and so from darkness into a most glorious condition ●nd so to make thee shine most bright and clear , o sion , and daughter of ierusalem , that was a poor and peeled remnant , scattered abroad in al the world evenwhen i thy god shal raise thee up from this condition , & make my glory to bee seen upon thee , then shalt thou be enquired after , even by kings and great men , who shal stand amazed at thy glory and honour where with i wil honour thee in this thy day from the resurrection from the dead , which i wil raise thee nito a condition of life and peace , which shal be the first resurrection from the dead ; and so no more darkness , or any longer shal satan or death have power over thee , but thou being raised from the dead , shal now live and raigne with me a thousand years ; which thousand years shal be for ever , even to eternity , and satan shal never have any power over thee , o sion , the praise of the whole earth ; but thou shal sing and rejoyce , and shal go with singing and rejoycing ; when others shal be thrown into hel , even to be deprived of my love and favour which i wil shew unto thee , o daughter of sion ; who● i wil gather into the land of judea , and without shal be those that shal apprehend me to be angry with them , and so their own consciences witnessing against them , and accusing of them wil condemn them , for their unbeliefe and hardness of heart , and so their hel shal be by being pricked in their own consciences , that they have offended me , and so shal suffer by the reason they condemn themselves , and so shal be in hel , because they shal not have any joy or comfort from me to them ; that i am a god of love to them ; and even this portion shal those drinke of that stiles themselves to be ministers , and are sent to preach by me the lord of host , and they know not me , neither can they by all their humane wisdome or phylosophie attaine to the mistery which i wil make out unto them whom i shal be pleased for to do , even for to make out my power and name , and so to cause them to see my glory ; which i wil hide from the learned ones of the world , and wil make choice of the unlearned ; and so wil make them to run when i send them to do my message , even as i stirred up poor herds-men and trades-men before the gospel in the old times , and in the primitive times , when i refused the priests , pharisees , and leaders of the people in those daies , and so those that pretend to be the heads and leaders of the people , as priests and lawyers , even they shal drink deeper then any , of my sore displeasure , because their consciences wil accuse them , and so condemn them ; for not doing that which they know they should do , and so they shal with the rest be thrown into the lake that burneth with fire and brimstone ; which is not meant material fire or brimstone , but is meant the apprehensions which the ungodly shal have of me , who am a burning & consuming fire : not aprehending i their god to be a god of love and peace ; which thou daughter of sion , whom i wil bring with joy into ierusalem , & wil cause it to be built up in glory , & so wil make you for to inhabite there shal do , by my rising upon you & causing of you to shine so to be glorious in all the earth . lift up thine eies round about , and see all they gather themselves together , they come to thee ; thy sons shal come from far , and thy daughters shal be nursed at thy sides , oye my sons and daughters whom i wil bring up into judea , even you that are by nature jewes , and so are natural iewes , lift up your eies , behold , looke , and behold , and see all they gather themselves together , even the gentiles gather themselves together for to come up to thee , o sion , whom i have gathered in judea , and have made the praise of the earth even for the glory wherewith i wil glorifie thee , they shal ( even the gentiles ) make enquire after you , because you are my chosen people , and you are they to whom i wil make out my self in glory to ; therefore shal they come , even those that shal believe that i wil make you the praise of the earth ; they come , even the gentiles come to thee , because i have withdrawn my self from them , and wil not be in their worships , neither wil i cause them for to receive any joy or comfort in any place or kingdome , for to finde rest for their spirits ; but at this place where i have appointed to bring thee , o sion , out of the hands of all thy enemies , and from the power of all they that hate thee ; for thy sons shal come from far , and thy daughters shal be nursed at thy sides , even thy sons and daughters , o sion , shal come from east , west , north , south , even from all places , to be partakers of that infinite joy , pleasure , and glory , which you shal injoy ; sons they shal be , because they come after you to that ful and perfect enjoyment of i the lord of host , and nursed at thy sides , because they shal receive of that fulness which you did receive of before ; & therefore they shal come even as a child doth when he is hungry , & doth receive food with gladness ; even so shal al these that come up to thee , even thy sons and daughters , to be nursed at thy sides , come to thee as to their mother ; for ierusalem abore is the mother of us all ; even come to thee ( ö jerusalem ) for comfort , hearing that i the lord of host is pleased for to make out my self to thee in a more especial manner then formerly i have done ; and so to receive comfort from thee , even to suck , and be satisfied with the fulness of that consolation you do receive from the father : even to suck and receive comfort from the same fountain of life , even from i the lord of host ; this shal be the state and condition of you , you shal have your fil , and be ful , when others shal be in want , and not be satisfied ; and they that come up to you , shal drinke abundance of my fulness , when they that tarry behind shal be deprived of my love , light , and glory ; so that they shal find no rest for their spirits , for i wil make you to be like noahs ark , that was a place of refuge for noah and those that were in it , when others were destroyed in my wrath : even so i have appointed peace and rest to be with you , and nothing but trouble of conscience to the rest , and to those that tarry behind , and come not up to you ; but some there shal be that shal be like noahs raven that he sent forth , which wandred up and down , and could find no rest for her feet , until it came into noahs ark again ; even so shal some be troubled , and shal have no rest , until they come up to jerusalem , the place of my love and favour , and the place where i have delighted to dwel , and wil dwel forever , and whosoever comes up to that place , even to jerusalem , the city wherein i have appointed them to dwel ; shal find rest , and be in peace , freed from sorrow and trouble ; even as the raven found peace in noahs ark , and rested there . then thou shalt see and flow together , and thine heart shal fear and be inlarged , because the abundance of the sea shal be converted , the forces of the gentiles shal come unto thee , their multitudes of camels shal cover thee , the dromidaries of midian , and epha , all they from sheba shal come they shal bring gold , and incense and shal shew forth the praises of the lord ; all the flocks of kedar shal be gathered together unto thee , the rams of nebaioth shal minister unto thee , they shal come up with acceptance on my altar , and i wil glorifie the house of my glory . now shal ye gather your selves together , and rejoyce , and be glad because of those that are converted , for to come up to thee , o sion , who hath bin made a laughing stock in all nations , but now shal be made the praise of all nations , and that all shal come up to thee that wil have any rest , or be satisfied with my fulness , even those that have bin your great enemies shal now be glad to come to thee o sion , which shal be gathered to ierusalem , with their gold and incense , to praise and magnifie thee , and even i the lord of host in thee , who have chosen thee to be the glory of all nations , look and see who are those that fly as a cloud , and as doves to the windows , even these be my sons and daughters , who are gentiles , and want rest , and seek for rest , but can find none , therefore hearing of my glory wherewith i make out my self to thee , o sion : in whom i am in the midst of thee , they fly as clouds , they hasten from their countries , even to come to thee : that so they may have rest and peace with thee o sion , in whom i the holy one of israel is in the midst of , and wil be king for ever . surely the isles shal wait for me , and the ships of tarshish , for to bring thy sons from far , their silver and their gold with them , unto the name of the lord thy god ; and to the holy one of israel , because he hath glorified thee , even these ilands , as england for one , that shal be the first that strive to go to my people , who have a long time bin cast off , but now through my mighty power , will graft them into the true vine again : and they shal become glorious , and shal say , blessed be they that come in the name of the lord , hosanna in the highest , though formerly through unbeliefe and hardness of heart they crucified my son iesus , and so would not have him to be their king , because he did not come in pomp and glory , but came of a carpenters wife , and descended from so low a linage : shal we ( say they ) believe this man is the son of god , seeing that he is so poor and so mean , and seeing he came for to destroy our laws , and formes of worships and governments , and the old customes of offering up sacrifice , which was that law and testament that god gave unto moses for us to observe and keep for ever ? therefore before they would part from their formes of worships , and so would have a new one : they would crucifie my son iesus , and would not then have him to be their king , for which cause i did cast them off , and so did cause them to be dispersed in all nations . but now i have in my mercy and pitty towards them , remembred the covenant which i made to their father abraham , that in him all nations shal be blessed and so wil now restore them by my power from their enemies in what country or nation they be dispersed , and wil make them to be gathered together into their own countrey , and now i wil give them hearts to believe in me , and so willingly to receive me now i proffer my self to them to be their king , and they shal think him now happie that shal come in the name of the lord , and shal crie hosanna in the highest that is , they shal willingly receive instructions ; from i the lord of host whom they wait for and whom they do expect daily for to hear of some tha shal say the lord of host cometh for to redeem them out of all their enemies countries , and to bring them into their own land again , which tidings of their returne they shal have from england first , and how the god of iacob wil appear to be their god , and so they shal see and know that their redeemer cometh , and made himself known to some english men for to bring them word , even the iews that are dispersed about in holland , and spaine germany and italy ; and how it is the pleasure of i the lord of host , for to put my spirit of courage and valiantness for to make you that are dispersed in these countries , as holland , france , spaine , germany , & italy , gather your selves together , and so to meet all of you , and these whom i shal send out of england to you , for to meet in the year fifty ( one now a coming on ) in italy , and i wil be your rock and your strength , and wil in cheife be your leader , so that you shal not fear what man shal do unto you , for i have purposed and it shal surely come to pass that i wil bring you to ierusalem , and not only you , but all the rest that are dispersed of you in other countries , even for to make you the praise of the whole earth ; and i wil stir up armies that shal fight for you , so that i wil bring you safely into your own countreys and wil make the gentiles come with their gold and silver to you and you shal be honourable , and all your enemies that wil not serve you shal perish , for that nation and kingdom that wil not serve thee shal perish , yea those nations shal be utterly wasted , even the most proudest and stoutest king or governour shal be destroyed , even al their armies shal come to nothing , for it is my pleasure to bring down the high and mighty one , and so to lay him low , even wil i not favour any , but wil bring them all down to the ground , yea i wil bring down that potent enemie that doth so highly exalt himself , and he shal come to nothing , even the pose of rome i mean , and before the fifty five years that is now present & a coming , he shal be destroyed , even the pope of rome shal lose his life in . and so i the lord wil make known my power , by cutting off great ones , and by bringing them to nothing , and so wil make them all come bending and bowing to my sons and daughters , whom i wil bring to ierusalem ; and because it is my pleasure that it should be so , i even i the lord of host wil appear for to confound my enemies , and those that have bin enemies to my people the jews : even that proud turk that rules and domineers now , shal be before the year fifty seven consumed & destroyed , & the great head turk shal lose his life in the year and so there shal never after him , nor never any more pope be , but there shal be such alterations and changes , that things present , and have bin by custome of long standing , turned upsides once again , that i may make ierusalem the praise of the whole earth ; whose gates shal be continually open , and shal not be shut day or night , that men may bring unto them , even unto the new ierusalem , the forces of the gentiles , even such abundance there shal be that shal be brought in for to be your fellows and brethren , one and of the same citty , that the places which i formerly gave unto your fathers for their inheritances , shal be enlarged , and strangers shal build your citty , even the wals of your cities ; even such shal build them up for you , that shal not inhabite there ; and kings shal minister unto you , and shal bring their riches unto you , though you shal have no need of any ; yet it is my pleasure so much to magnifie you , that i wil make my self appear to be glorious in you , even in the midst of you : and wil make people say of a truth , that god is in you ; and so to acknowledge that you are the seed which the lord hath blessed , and so to make them see and know , that i the lord of host am in you , even in you all , ruling in you , and making all your enemies become subject to you . but i must tel you , that i wil not appear personally for to raign over you , and so to give you laws to walk by , no , but i wil raign in you , and i the god of truth wil be in you , and i wil teach you how you shal walk , by putting my laws in your inward parts , and in writing of them in your hearts , and so wil speake in you , and wil also make you for to worship me in spirit and in truth , & not in outward formes as now you do : for the glory of lebanon shal come unto thee , and the box tree , and the fir tree shal come together , to beautifie the place of my sanctuary , and so to make my feet glorious ; such is the worke of i the lord of host , that i wil make the very glory of the world be brought to sion , even for to make them glorious ; and i wil make the place of thy feet glorious , ö sion , and all the sons of them , the feet that afflicted thee , shal come bowing and bending to the soles of thy feet ; and shal cal thee the sion , the citty of the lord , the holy one of israel ; such a great work wil i do for thee , ö sion , that i wil make thee have power over al thy enemies , and none shal be able for to oppose thee : but all shal be brought to nothing and confounded ; yea even they shal be in such terror and fear now , that they shal submit themselves to thee , and cal thee , even thee o sion , whom i wil gather to jerusalem , the citty of the lord , even of i the lord of host . and whereas thou hast bin forsaken , so that no man went through thee ; even thee o ierusalem , that hath been laid wast ; i wil now of a sudden make thee an eternal excellency , a joy of many generations , even i wil make thee to be so glorious , that thou shalt be the glory and joy of nations ; for thou shalt be freed from sorrow and trouble , and vexation of spirit , and shal live in peace , and be at peace , rejoicing in i the lord of host ; when others shal be troubled and vexed , to think that they do not partake of the same glory wherewith i have and wil glorifie thee ; and thou shalt also suck the milke of the gentiles ; even that joy and comfort which formerly they had of me , when i did make out my self to them in formes of worships ; which joy and comfort you shal now have , and thou shal know that i the lord am thy saviour and thy redeemer , the mighty god of jacob : for brass thou shalt have gold ; and for iron , silver ; instead of outward forms , thou shalt have the pure injoyment of i the lord of host in spirit : and i wil make such a worke amongst you now , that instead of giving oppressours to be your officers , i wil give you such that shal be peace-makers ; and i wil make your officers or exacters over you now , to be righteous ; nay there shal be none any longer for to be officers one over another ; but you shal be all alike : for as the master is , so shal be the man ; as the mistriss , so shal be the maid ; as the buyer , so shal be the seller ; even all alike , and none greater then other , but what one hath , shal be the others : for i wil now make all things new ; for violence shal be no more heard with in thy borders , but thou shall call thy walls salvation , and thy gates praise : even thou ( ö sion ) that shal be gathered together in iudea ( and in those places thereabouts ) which by reason of the greatness of thy company , i wil enlarge thy borders ; for i the lord of host wil be your wals and your gates , and wil be salvation to you , for to keep and preserve you from all your enemies . the sun shal no more be thy light by day , neither for brightness shal the moon give light to thee , but the lord shal be unto thee an everlasting light , & thy god thy glory ; the sun shal no more go down , neither shal the moon withdraw her self , for the lord shal be even i the lord of the everlasting light , and i thy god thy glory ; and the daies of thy mourning sha be ended . whereas thou hast bin sorrowing up and down and hast i gone out of one country into the other , mourning and weeping , and so hast found no comfort : now these shal all pass from thee , and thou shalt weep no more : ö sion , for the lord hath founded thee ö sion , and wil be your king for ever , even your light , life , joy , and glory , even your all and all : so that thou shal not have need of outward ordinances , either one or the other : but i wil be a sun and a moon for to give thee light , and for to make thee see : though it hath a long time been neither light nor dark , neither day nor night , but now in the evening there shal be light : even in these last days , light shal now shine in such a perfect and clear manner , that it shal be known to be light , for i the lord of host wil be sun-light , and moon-light , and wil be day , and so indeed it wil be very glorious , when i the lord of host wil never leave them , nor forsake them ; but wil be alwaies with them : even never withdrawing light from them , but alwaies making it for to encrease and grow , and multiply it self : til it comes to be seven fold more light then formerly there hath bin : and until the weakest and feeblest that are among you be as david . and david as the angel of god , even as god , this shal be the estate and condition of you , ö sion : whom i wil gather together to ierusalem , and so wil make you the praise of the whole earth , even the very weakest of or among you shal know as much , and have as much knowledge as david had , and shal be in as great favour as david was with i the lord of host , who hath commanded the writer hereof to write it as my wil , and not as his wil , because i have purposed to appear so bright and in such a glorious manner to them , making them partakers of my glory , that they shal have as much knowledge as david , and they shal be even as , angels of god , yea even angels , and shal know as much of god even of i the lord of host , that they shal all be taught of i their god , and shal have no need of teachers to teach them , for i wil be their teacher and instructer , and so wil guide them in the way of truth , and from it they shal not err , neither shal slip aside as now they do , but they shal al of them be kept upright by my power , and i wil not let them slip aside from me ; but wil uphold them with my right hand , & wil carry them in my bosom , and so wil make them to rest in me as their only joy , even in i the lord of host ; thy people also shal al be righteous , they shal inherite the land for ever , the branch of my planting , the workes of my hands that i may be glorified , even thee ö iudea , whom i have given to my saints for to inherit , and wil bring al my sons and daughters up by degrees to thee , for to inherit and be there , even my choice and peculiar ones to be brought up to ierusalem , the place which i have chosen for to make my name glorious : for i wil make them appear to be the branch of my planting , and so they shal al be righteous , and not any one that shal be wicked shal be suffered to be there , no hypocrite or dissembler , or any one that worketh abominable mischief , or speaketh lies , shal be there , no , for it is my house and place where i have chosen to dwel , even in my saints , and i wil now fulfil the prophesie , there shal be no more a canaanite in the house of the lord for ever : but all shal be righteous and glorious , shining as so many stars in the firmament , and glistering so clear and so bright , that al the spectators shal be dasled , for mine shal be as angels , for knowledge and glory , and power ; for in deed they shal be my angels , for a little one shal become a thousand , and a smal one a strong nation , i the lord wil hasten it 〈◊〉 its time , even in those poor and dispised ones , who are but smal and little in comparison of the multitudes that are so great , even these poor and smal ones shal encrease and grow , even those who have now , the breaking forth of light in them in this nation of england which we were at the first but one , even that one that had light made out to him , as concerning his going to ierusalem , even that one shal become a great nation , and a glorious nation , even the joy and praise of the whole earth ; which i the lord wil hasten in my own time , which now wil be very shortly ; sing and shout ö daughter of ierusalem ; sing aloud ö daughter of sion , for behold thy king , the holy one of israel is in the midst of thee , and thou shalt see evil no more : but now shal go with joy and rejoycing ; and with gladness of heart to sion , singing and leaping for joy to the mountain of the house of the lord which shal be in iudea , and there shal sing and dance with the tabret and pipe , and so shal have all kind of musick and mirth : and thou shalt see sorrow no more , but weeping shall now be hid from thine eys ; for i have called thee by a new name , and so have given thee a new name : for thou shalt no longer be termed desolate and forsaken , but thou shal be called the place where i the lord of host delights to dwell ; for as soon as sion travelled she brought forth , and was delivered of a man child ▪ who hath heard such a thing ? who hath seen such a thing , that a nation should be born at once ? but now as i live 〈◊〉 the lord of host , it shall come to pass , for i will give them a new name , which none shall know but them that have it . my name changed from george foster , to jacob israel foster . finis . an ordinance of the lords and commons in parliament assembled for prevention of the adjournment of the courts of iustice, without consent of both houses of parliament. england and wales. parliament. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) an ordinance of the lords and commons in parliament assembled for prevention of the adjournment of the courts of iustice, without consent of both houses of parliament. england and wales. parliament. sheet ([ ] p.) for laurence baiklocke [sic], and are to be sold at his shop at temple-barre, imprinted at london : . [i.e. ] dated at end: die lunæ januar. . order to print signed: john browne cler. parliamentorum. reproduction of the original in the british library. eng courts -- england -- early works to . great britain -- politics and government -- - -- early works to . great britain -- history -- civil war, - -- early works to . a r (thomason .f. [ ]). civilwar no an ordinance of the lords and commons in parliament assembled: for prevention of the adjournment of the courts of iustice, without consent o england and wales. parliament. a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion an ordinance of the lords and commons in parliament assembled : for prevention of the adjournment of the courts of iustice , without consent of both houses of parliament . the lords and commons taking into their serious consideration the great inconvenience that hath come to his majesties subjects by the late frequent adjournment of the courts of iustice , and by spies resorting to the cities of london and westminster under pretence thereof ; for the prevention of the same for the future , doe hereby order and ordaine , that in case any person or persons shall at any time hereafter deliver , or cause to be delivered to any of the iudges of any his majesties courts to be held in westminster , or to any of their clerkes or servants , or to any officers of any the said respective courts , or any others , to be delivered to any of the said iudges , any writ , proclamation , or other thing whatsoever , sealed with any great seale , other then the great seale of england now attending the parliament by ordinance of both houses , all and every such person and persons shall be proceeded against by the law-marshall as spies ; and the lord generall is hereby desired forthwith to proceed against every such person accordingly . and it is further ordered and ordained , that none of the said iudges , nor their clerkes , servants , or any officer or officers of the respective courts aforesaid , shall presume to receive , view , or any wayes meddle with any writ or proclamation sealed with any great seale , without first acquainting the speakers of the two houses therewith , and receiving and pursuing the directions to be given thereupon from both houses of parliament , upon paine of imprisonment of their persons , sequestration of their estates , and such further punishment as shall be thought meet by both houses of parliament . and that no iudge , officer , or other person whatsoever , presume to carry , or cause to be carried , any records , writings , or other memorialls from any the courts at westminster , or other places in or about the cities of london or westminster unto the city of oxford , or other place where the kings forces are , under paine of incurring such , or the like penalties as aforesaid . die lunae . januar. . ordered by the commons assembled in parliament that this ordinance be forthwith printed and published . john browne cler. parliamentorum . imprinted at london for laurence baiklocke , and are to be sold at his shop at temple-barre . . anno regni gulielmi et mariæ, regnis & reginæ angliæ, scotiæ, franciæ, & hiberniæ, secundo. on the fourtheenth day of april, anno dom. . in the second year of their majesties reign, this act passed the royal assent. an act for recognizing king william and queen mary, and for avoiding all questions touching the acts made in the parliament assembled at westminster the thirteenth day of february, . england and wales. parliament. approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). b wing e estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. b ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) anno regni gulielmi et mariæ, regnis & reginæ angliæ, scotiæ, franciæ, & hiberniæ, secundo. on the fourtheenth day of april, anno dom. . in the second year of their majesties reign, this act passed the royal assent. an act for recognizing king william and queen mary, and for avoiding all questions touching the acts made in the parliament assembled at westminster the thirteenth day of february, . england and wales. parliament. sheet ([ ] p.) re-printed [s.n.], [edinburgh] : . caption title. place of publication suggested by wing ( nd ed.). reproduction of original in: national library of scotland. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng kings and rulers -- succession -- great britain -- early works to . great britain -- politics and government -- - -- early works to . - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - john pas sampled and proofread - john pas text and markup reviewed and edited - pfs batch review (qc) and xml conversion anno regni gulielmi et mariae , regis & reginae angliae , scotiae , franciae , & hiberniae , secundo . on the fourteenth day of april , anno dom. . in the second year of their majesties reign , this act passed the royal assent . an act for recognizing king william and queen mary , and for avoiding all questions touching the acts made in the parliament assembled at westminster the thirteenth day of february , . we your majesties most humble and loyal subjects , the lords spiritual and temporal , and commons in this present parliament assembled , do beseech your most excellent majesties , that it may be published and declared in this high court of parliament , and enacted by authority of the same , that we do recognize and acknowledge your majesties were , are , and of right ought to be by the laws of this realm , our soveraign leige lord and lady , king and queen of england , france , and ireland , and the dominions thereunto belonging , in , and to whose princely persons the royal state , crown and dignity of the said realms , with all honours , stiles , titles , regalities , prerogatives , powers , jurisdictions , and authorities to the same belonging and appertaining , are most fully , rightfully , and intirely invested and incorporated , united and annexed . and for the avoiding of all disputes and questions concerning the being and authority of the late parliament assembled at westminster the thirteenth day of february , one thousand six hundred eighty eight , we do most humbly beseech your majesties that it may be enacted , and be it enacted by the king and queens most excellent majesties , by and with the advice and consent of the lords spiritual and temporal , and commons in this present parliament assembled , and by authority of the same , that all and singular the acts made and enacted in the said parliament , were , and are laws and statutes of this kingdom , and as such ought to be reputed , taken and obeyed by all the people of this realm . re printed in the year , . the casuist uncas'd, in a dialogue betwixt richard and baxter, with a moderator between them, for quietnesse sake by roger l'estrange. l'estrange, roger, sir, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing l estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the casuist uncas'd, in a dialogue betwixt richard and baxter, with a moderator between them, for quietnesse sake by roger l'estrange. l'estrange, roger, sir, - . the second edition. [ ], p. printed for h. brome ..., london : . includes bibliographical references. a satire on richard baxter. reproduction of original in huntington library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng baxter, richard, - . church and state -- england. dissenters, religious -- england. great britain -- politics and government -- - . - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - john latta sampled and proofread - john latta text and markup reviewed and edited - pfs batch review (qc) and xml conversion the casuist uncas'd , in a dialogue betwixt richard and baxter , with a moderator between them , for quietnesse sake . by roger l' estrange . the second edition . london , ●rinted for h. brome at the signe of the gun in s. pauls church-yard . . upon the manners , as well as the services of the royall party . what can i do better , then to face him with the acts of the assembly , and the proceedings of the two houses , to the contrary ? and to produce his own act and deed in evidence against his profession ? on the one hand , you have mr. baxter valuing himself up●● his principles of loyalty , and obedience ; and on the other ha●● , you have the very same mr. baxter , ( according to the outward man ) not only pleading the cause , but celebrating the justice , and canonizing ( as in his saints rest , pa. . of the old editions ) the prime directors and instruments of the late rebellion : asserting the very doctrine of those positions , whereupon it was founded . when mr. baxter sets up for a toleration ; wh●● can be fairer then to shew him his own arguments against it ? or to ask him , how he , ( a kinde of heteroclite in his opinions , ) that has chalk'd out so singular a plat-form of church-regiment 〈◊〉 himself , comes now to be a common advocate for all the dissenting parties ? take him in one mood , ( as in his five disputations , and elsewhere ) and he tells ye , that a diocesan prelacy is plainly antichristian , and intolerable . and yet in his no●-conformists plea , and other parts of his writings , he tells ye aga●n , that the nonconformists would have submitted to it . now if the constitution was so abominable , why should they submit to it ▪ and if it was not so , why does mr. baxter say that it was ? an● why does he still persist , in debauching and alienating the hea●● of the people from their rulers , in matters which he himself acknowledges to be warrantable , and established by law ? and so for 〈◊〉 liturgy and ceremonies , he 's at the same variance with himself , about the lawfulnesse , or vnlawfulnesse of those points also . now since mr. baxter has been pleased to take upon himself , the patronage of the non-conformists cause , and to put forth his plea , and his plea again for that interest ; what can be more ob●iging then to take him at his word , and consider him under the publick character of their representative ? at this rate , mr. baxters works will be as good as a non-conformists dictionary to us : and assist the world toward the vnderstanding of the holy dialect , i● a wonderful manner . for the purity of the gospell ; the ways of christ : the ordinances of the lord ; the power of godlynesse ; the foundations of faith ; the holy discipline : a blessed reformation , &c. these are words , and expressions , that signify quite another thing to them , then they do to us. faithful pastors ; laborious ministers ; heavenly guides ; zealous protestants ; the upright in the land : humble petitioners ; just priviledges ; higher powers ; glorious kings ; holy covenanting unto the lord , &c. this is not to be taken now , as the language c●rrant of the nation , but only as a privy cypher of intelligence betwixt themselves , and the cant , or jargon of the party . nay , they fly from us in their speech , their manners , their meaning , as well as in their profession . the very christ-crosse in the horn-book is as much a scandal to them , as the crosse in baptisme ; and they make it a point of honour to maintain the freedome of their own tongue , in token , that they are not as yet a conquer'd nation . but are the non-conformists agreed upon it , or not ; that mr. baxter shall be their speaker ; and that what he delivers in their name , shall be taken and deemed as the sense of the party ? if it be so ; we have no more to do then to consult mr. baxter himself , and from his o●n writings , ( which i have here cited , and apply'd , with exact faith , and justice ) to take our measures of the dissenting brethren . no man presses obedience to the higher powers , more imperiously then he does : but then he makes those higher powers to be still the usurpers , one after another , as they get into actual possession . [ prove ( says he ) in the preface to his holy common-wealth ) that the king was the highest power , in the time of division , — and i will offer my head to justice , as a rebell . ] his meaning must inevitably be this ; either that the king had no right to the crown before the divisions , or that he forfeited his title , by the rebellion ; which is an admirable way of transition , from rank treason , to lawfull authority . but in all th●se cases , he has still a recourse for a salvo to his box of distinctions : and tells ye , that they shot at charles stuart in the field , for the honour and safety of the king in the two houses : and then , good lord ! how he runs himself out of breath with detesting , and renouncing , and renouncing , and detesting king-killing ! and yet upon occasion when oliver the king-killer falls in his way ; how does he lay himself out in euloyges , upon the pious defunct ! praying , ( as the highest instance of the veneration he had for that usurper ) that the spirit of the father might descend upon the son. [ we pray ( says he to richard ) that you may inherit a tender care of the cause of christ ] key for catholicks , ep. ded. but then in another fit , he shall advance ye into , his politicks , with a troop of aphorismes ; lay principalities and powers levell with the ground , and tear up the very ordinance it self of government by the roots . [ if providence ( says he ) statedly , disable him that was the governour &c. ] ho. com. thes. . [ and yet he does not down-right ●vow the doctrine of king-killing ; he does indeed approve of giving battle to the kings will : but whether to aym at it , in his maiestys head , or in his heart , is not , as yet , statedly determin'd . now t● moderate the matter , the presbyterians only cut off his majestys hands , and feet , so that he could neither help nor shift for himself , and then gave him ( sold him i should say ) to the independents , who cut off his head. if mr. baxter speaks the sence of the non-consormists , as he pretends to do , then must this serve for an exposition of their loyalty ; but if not ; why does not the party either disown or take away his commission ? this is it , which the restlesse , and implacable adversaries of our common repose , make such a noyse in the world with , as the work of the spirit of persecution ; the enflaming of differences ; the widening of breaches ; and the violation of the act of oblivion . whereas , in truth , there 's nothing in it of a spiteful invective , but on the other side , it is only a playn , and a necessary defence . mr. baxter , in his non-conformists pleas , delivers ( in his way ) a kind of deduction of the war. particularly , under the head of [ matters of fact to be fore-known , to the true understanding of the cause . ] d part. pag. . in this chapter , from the question of the constitution of churches ; the powers of princes , and pastors in eccclesiastical matters , and cases of lawful separation ; he makes a sally , without any manner of connexion , or provocation , into the state and right of the war. pa. . he charges it upon a faction among the bishops , and the falling in of the majority of the parliaments , to the popular part of them ; in that division : which is a calumny , as remote from the subject of his discourse as it is from truth . if it had been as he woud have it ; how comes the whole order of bishops to be assaulted ? their persons affronted ; and their votes in parliament taken away ; without distinction ? was the feud so deadly , as to make them destroy themselves ; and ruine the whole hierarchy in revenge ? how came it to pass , that bishop hall , a person celebrated even by mr baxter himself for his piety and moderation : how came this reverend prelate i say , te be so coursly handled by the corporation of the smectymnuans , marshall , calamy , young , newcomen , and spurstow : and treated by five of the most eminent men of the par●y , with scurrilitys fitter for the priests of priapus , then the ministers of the gospell . pa. . he goes on with his remarks upon bishop laud , over and over . the book of sports , on the lords day , the business of [ altars , rayls , and bowing towards them . afternoon-sermons and lectures put down ; imprisonments , stigmatisings , removals , &c. ] and then pa. . he p●oceeds to [ the new liturgy imposed on the scots , &c. ] but says he , ( a little below ) we are vnwilling to be the mentioners of any more then concerneth our present cause , and the things are commonly known . ] which is such a way of mentioning no more , as gives to understand without speaking , all the ill imaginable that was left unsaid . methinks mr. baxter might have let this most reverend , pious , loyal and antipapal arch-bishop have slept quietly in ●is grave , and out of pure gratitude to our present sovereign , to whose mercy this very gentleman owes his life , setting aside the veneration that belongs to majesty , and truth ; m●thinks mr. baxter might have spared this l●bell , ander the government of the son , against the administrations of the father . but it is no new thing , ●or criminals to arraign innocents ; or for those that a●e pardon'd for subverting the government , to shoot th●ir arrows ( ●v●n ●itter words ) against those that h●ve been persecuted and murther'd for endeavouring to defend it . and now after all thes● imputations upon the king , the church , and the loyall party , ●v●n to the degree of making them a●swera●le for all the blood that has been spilt : we must not so much as presume to say that we are innocent . but every vindication of the king , the church , and the law from the insults of the common enemy , is exclaimed against as an inrode upon the act of indemnity . if mr. baxter will needs be laying the r●b●llion at the wrong d●or , and discharging the presbyterians : why m●y not any honest man reply upon him ; and say , ( in agreement with mr. baxter himself , non-conformists plea , i. part. pa. . that it was the solemn league and covenant that did the work : which solemn league was not only an expr●sse oath of allegianc● to presbytery , but to the most tyrannical of all presbyteri●s , th●t of t●e scottish kirk it self . but why do i call it an oath of allegiance to presbytery ? when it was in truth , a direct conjuration against the government , both ecclesiastical , and civil , for the introducing of it ? it would be tedious , and superfluous , to crowd all the particulars of this pamphlet into a preface ; so that i shall rather refer the reader , to the book , for the rest ; where he may compare mr. baxter with himself : for it is , effectually , but an abstract out of mr. baxter's writings . by the paradoxes , disagreements , and contradictions he will be able to iudge of the authour ; and by the authour , in a great measure of the party . he that would see them drawn more to the life , may repair to the original of our saviours for the pharisees , in the gospell . examin them narrowly and you shall not find so much as the semblance of a colourable argument ; but they are still changing their battery , and pretense , according to the various accidents , and dispositions of state : and it is but tracing the history of the late times to find every round of the ladder , that advanc'd them from petitioners to rulers . they plead the cause of thousands in the land , they tell us , and yet there 's not a single man in all those thousands , that understands one bit of the controversy . they cry aloud against idolatry , superstition , abominations , symbolical ceremonies , will-worship , humane inventions , and order their disciples just as they do their children : they dresse up a terrible thing of clouts , and call it a bull-begger , which is no other then a mormo of their own creating . they have a certain routin of words , and sayings , that have the tone of magique in the very sound of them , and serve only ( without any other meaning ) like the drum , and the trumpet , to rouse up the multitude to battle . but the lords ordinance , and the primitive pattern stand them in mighty stead . for though they have been foyld as often as encountred upon this question ; yet the very terms of the controversy being is good as syriack , to the common people ; there is a mist cast before their eyes , and they are never in so good time , to see visions as when they are stark blind . to conclude , i have exposed these she●●s to the ●●●●ck , rather as mr. baxters work , then my own . if 〈…〉 , it was none of my fault that my authour would not me 〈…〉 . nor have i any more to say upon the whole matter , but that i have been as fair to mr. baxter , as he hath been to himself . a dialogue , &c. moderator . richard and baxter . moderator . yes , yes . i remember the conference at the savoy perfectly well ; by this token , that dr. gunning and dr. pearson ( the bishops of ely and chester ) deliver'd you this very proposition . that command which commandeth an act in it self lawfull , and no other act whereby any unjust penalty is enjoyned , nor any circumstance whence directly , or per accidens , any sin is consequent which the commander ought to provide against , hath in it all things requis●●● to the lawfulnesse of a command , and particularly cannot be guilty of commanding an act per accidens unlawfull ; nor of commanding an act under an unjust penalty . [ b of worcesters letter , in his vindication against m. baxter . p. . ] ri. very good ; and i gave them under my hand my opinion to the contrary . [ because ( said i ) the fi●st act commanded may be per accidens unlawful , and be commanded by an vnjust penalty ; tho' no other act or circumstance commanded be such . ] ibid. pa. . ba. nay hold you brother , i 'm of another opinion . [ if the thing commanded be such as is simply ill , and forbidden us by god in all cases whatsoever , then no ones commands can make it lawfull : but if it it be a thing that is only inconvenient , or unlawful by some lesser accident ; then the command of authority may pre-ponderate , as a more weighty accident ] r. b's church-divisions , p. . nay [ many a ruler sinneth in his commands , when it is no sin , but a duty of the inferior to obey them . as if a magistrate command religious duties in meer policy : or if he force a lawful command with unlawful penalties ; and yet it will be the subjects duty to obey . ] ibid. [ nor is any ruler bound to suspect , and prevent such unusual dangers of mens sin , or ruine , as fall out beyond all rational foresight , or expectation ; of whose probable event ( or possible at least ) , there was no just evidence . ] r. b's non-conformists iudgment . p. . mo. your argument ( mr. richard ) has cut off all magistracy at a blow : for there is not any command imaginable that falls not within the reach of your exception . and mr. baxter is in the right on 't . but what do ye think now ( gentlemen ) of the operation , or further extent of such a power ? ri. if you mean as to matters concerning religion [ no man 〈◊〉 any authority to make laws about gods worship , but 〈◊〉 christ hath given him . ] non-conformists plea d part. p. . ba. pray'e hold me a little excus'd there too ; for [ we renounce the opinion of them that hold that circa sacra the king hath no power to command the circumstances of worship . ] n●●-conformists plea. part d. p. . mo. there is but a right and a wrong in the case ( my masters ) and you have hit them both again , i make no doubt on 't , but your circa sacra comprehends liturgies , ceremonies , and other circumstances of order , relating to the church , pray'e tell me how your consciences stand affected that way : not as to the merits of the cause ( for the world is allready clogg'd with that controversy ) but i would willingly know what thoughts , you , and the party you plead for , entertain of our ecclesiastical matters . ri. [ when the king call'd us to signify our desires in . the ministers of london were commonly invited to come to sion colledge , that their common consent might be known : and there we agreed , to desire or offer nothing for church-government but a.b. ushers modell of the primitive episcopal government . when his majesty would not grant us that modell , nor the bishops once treat about it , he was pleased in his gratious declaration about ecclesiastical affairs to offer and prescribe the episcopacy of england as it stood , with little alteration , &c. ( a government ( says his majesty ) fol. . which is established by law , and with which the monarchy hath flourished through so many ages , and which is in truth as ancient in this island as the christian monarchy thereof . ) [ this declaration we ioyfully and thankfully accepted , as a ●opefull means of a common conformity and concord . ] non-con's plea , d . part pref. ba. [ the english prelacy ( i tell you ) is the product of proud ambition and arrogancy ; and contrary to the expresse command of christ. ] r. b's . five disputations p. . bishops are thorns and thistles , and the military instruments of the devil . ] r. b's . concord . p. . how could you ●ustify then a submission to such a prelacy ? mo. if an angel from heaven i perceive were employ'd to bring 〈◊〉 two to an agreement , he shoul● lose his labo●r ; fo● that which is highly acceptable to the one , and the hopefull foundation of a common concord , is ant●christian , diaboli●al , and uns●fferable to the other . you a●e up ( i find ) at every turn with the 〈◊〉 projectpunc ; and in such a manner too , as if the most ●●●●onable thing in the world ●ad been offer'd o● the one 〈◊〉 ▪ and refused on the other : whereat that 〈◊〉 was 〈◊〉 accommodated to the ●ard 〈…〉 the kings affairs , at the time of framing 〈…〉 any man , in a case of extremity , 〈…〉 of an arm ●r a leg , for the 〈…〉 yet he a very strange request to ask a man in a state of freedome , and safety , to part with a leg or an arm from his body : and as wild a thing , on the other side , to grant it . but the very offer at it under a pretense of conscience , was highly disingenuous , especially when upon the issue the scruple was remov'd by the ref●sal ; and this satisfaction given to the world , by your own acknowledgment , that conformity and episcopacy may stand well enough together , when you please . ri. i c●nnot deny but that [ ma●y proposed to have yi●lded to prelacy , liturgy , and ceremonies . ] non-con . plea , part i. p. . ba. why truly [ a certain episcopacy may be yielded to , for the peace ( if not for the right order ) of the church ; ] [ but the diocesan episcopacy which was lately in england , and is now laid by may not be lawfully reassumed , or readmitted , as a means for the right order or peace of the church . ] r. b's . five disputation , p. . . [ a government which gratif●eth the devil , and wicked men . ] ibid. p. . mo. still upon the contradiction . but if they were so well dispos'd to come in , what was it i beseech you that put them off again ? ri. when they saw the new act for uniformity , th●ir deliberations were at an end. ibid. p. . ba. [ after proving prelacy to be against the ●ill of christ ▪ and the wellfare of the churches , five disp. pref. ● . and contrary to the word of god , and apostolical institution , ibid p. . what need was there then of any further disswasion ? mo. pray'e tell me mr. richard ; was prelacy lawfull before the act for uniformity , and not after ? you are angry at the one , and therefore you renounce the other ; for it was no longer prelacy , liturgy , or ceremonies , it seems that you boggled at , but the new act. now since you your selves were convinc'd , that such a conformity as aforesaid would have been warrantable , and only transfer'd your exceptions to the new act ; how comes it that you go on still decrying the state , rites , and offices of the church to the multitude ; and make that a matter of conscience in one breath which you left at liberty in another ? the uniformity does not alter the case one jot to the common people ; but the layety may as lawfully submit to prelacy , liturgy and ceremonies , after the act , as they did before . ri. [ the people who now adhere to the non-conformists , who were at age before the wars , had very hard thoughts of the bishops persons ; and some , of episcopacy it self ; because of the silencing of ministers , and ruining of honest men about sundays-sports , reading that book , and other su●h things , beside nonconformity , &c. non-con . plea. part i. p. . mo. the bishops and episcopacy it self you say were thought hardly of ; partly for s●lencing your mi●isters . which was yet a way of proceeding conformable to the directions of the law ; and in part , ( among other provocations ) for the book of sports upon the lords day . be it spoken with reverence to the honour and duty of that holy day ; i should have thought that the rebells assaulting of their sovereign at edge hill upon that day , might have given your scrupulists as hard thoughts of the faction that did it , and of those sanguinary casuists that sounded the trumpet to that battle . but how came they off i beseech you , from that froward humour ? ri. [ when the ministers that guided them , began to seem more reconciled to the episcopal party , and upon the r●ports and promises which they had heard , that the next bishops would prove more moderate , pious , and peaceable then the former , and would by experience avoid divisions and persecution ; the said people began to be inclin'd to more reverent and favourable thoughts of the bishops , and were upon experience of the late confusions in a far fairer way to vnion and submission to them then before . non-con . plea , part i. p. . mo. if it be true that the people were induced to have a more charitable opinion of the prelates , by the hopes which their guides gave them of having better bishops next bout ▪ it appears , fi●st that the quarrel was not to the office , but to the persons . and secondly , it shews that the ministers menage the multitude , for or against their superiours , as they please : which lays a stronger obligation upon the government , to secure a well-affected ministry , when the publique peace lyes at the mercy of the dissenting clergy . but what becomes of us next ? ri. when they saw their teachers taken from them , and some 〈◊〉 set over them against their wills who were better known to them th●●●o the obtruders : and when they heard of about , silenced at once , this so much alienated them from the bishops , that it was never since in our power to bring them to so much esteem of them , and re●●rence for them as might have been . non-con . plea , part i. p. mo. so that upon the upshot , there pass'd an act for uniformity , ergo , episcopacy and common-pray●r are vnlawfull . see now what it is that you call silencin● of so many ministers . it is no more then a fair revival of those necessary provisions for the safety of the government , which had been viol●ntly overborn and discontinu'd in our late troubles : upon which violation , ensued our deplor●ble confusio●s and to take the businesse aright , ●he law does not s●e●ce your ministers more then it does ours : but holds forth one comm●n rule indifferently to all men , with a respect to politicall , as well as eccl●siast●●al-concord . every man sees before him the conditions of his freedom ; and he that either cannot , or will not comply with the terms of a general rule , silenceth himself . and is not the man neither that is silenced by this law , but this or that incongruous practice or opinion . if richard thinks fit to come in , there 's no body hinders him ; and if iohn will not come in , who can help it ? in short , this way of silencing amounts to no more then a very gentle expedient for the stopping of those mouthes that would be blowing the coal towards a rebellion . wherefore i beseech ye gentlemen for the act of oblivions sake , which has done a great deal more for you then this comes to , have some pitty for the poor act of uniformity . as to your account of about two thousand silenc'd ministers , a matter of ● or . difference shall break no squares betwixt you and me . but what yet if they were two thousand ? must the divine ordinance of government be prophan'd , and the harmony of order dissolv'd , in favour of that inconsiderable party of irregulars ; and to the scandal of six times as many consciencious and obedient subjects of the state both ecclesiastical , and civill ? ri. for my own part [ i do not know that i differ in any point of worship , ceremonies , or discipline , from the learned dr. john reignolds ] r. b's letter to mr. hinckley , p. . and my judgement is , that [ a peace with the divines of the episcopal judgement is much to be desired , and earnestly endeavour'd . ] five disp. pag. . mo. if you agree in the conclusion with that reverend dr. you are safe ; and take this for a rule ; out of the ways of love and peace there can be no comfort . ri. alas [ it is a sect , as a sect , and a f●ction , as a faction , and not this or that sect or faction which i blame : it is unity , love , and peace which i am pleading for ; and he that is angry with me for calling men to love , is angry for calling them to holynesse , to god , and heaven . holynesse which is against love , is a contradiction ; it is a deceiptfull name which satan put●eth upon unholynesse . church divisions . ●ref . ba. your churches bear with drunkards , whoremong●●● , railers , open scorners at godlynesse , five disp. p. . [ t●e most ungodly of the land are the forwardest for your ways . you may have allmost all the drunkards , blasphemers , and ignorant haters of godlynesse in the country to vote for you . ] five disp. pref. pag. . to the adherers to prelacy . ri. [ he is as mortal an enemy to love , who back-biteth , and s●ith he 's profane ; or he is an e●●ty formalist , or he is a luke-warm , temporizing , complying man-pleaser ; as he that sait● he is a peevish , factious hy●ocrite . ] to preach without love , and to hear without love , and to pray without love , and to communicate without love to any that differ from your sect , oh what a loathsome sacrifice is it to the god of love ! ] church-divisions . preface . love is the fulfilling of all the law ; the end of the gospel ; the nature , and mark of christs disciples , the divine nature ; the su● of holynesse to the lord ; the proper note by which to know what is the man , and what his state ; and how far any of his other acts are acceptable unto god. ibid. ba. how many years have we beg'd for peace of those that should have been the preachers and wisest promoters of peace ; and cannot yet obtain it ; nor quiet them that call for fire and sword , not knowing what spirit they are of ? non-con . ●lea , pref. [ the declaration about ecclesiastical affairs telleth us , that the king would have given the people peace , but with vnpeacea●●● clergy-men , no petition could prevail . ] ibid. [ and all this is out of a bitter ●nmity to gods word and ways ; for they will be at more pains then this , in any way that is evill ; or in any worship of mans devising . they are as zealous for crosses and surpl●ces , processions , and p●rambulations , reading a gospell at a crosse-way , the observa●ion of holy days , the repeating of the litany , or the like forms in the common prayer , the bowing at the name of the word iesus , ( while they reject his worship ) the receiving of the secrament when they have no right to it , and that upon their knees , as if they were more reverent and devout then the true laborious servants of christ ; with a multitude of things which are only the traditions of their fathers ; i say they are as zealous for these , as if eternal life consisted in them . where god forbids them , there they are as forward as if they could never do enough , and where god commands them , there they are as backward to it ; yea as much against it as if they were the commands of the devil himself . and for the discipline of christ , tho all parts of the world have much opposed it , yet where hath it been so fiercely and powerfully resisted ? the lord grant that this harden'd , willful , malicious nation fall not under that heavy doom , luke . . but those mine enemies which would not that i should reign over them , bring them hither and slay them before me . r. b's . saints rest , part. . p. . mo. to see the difference now gentlemen , betwixt your two spirits ! the one , so meek , and like a christian , the other , so clamorous , and so uncharitable . what hopes of unity and peace ; or what pretence to 't ; so long as these dividing and defaming liberties are kept a foot ? your friend richard tells you very well ( mr. baxter ) that such holynesse is a deceiptfull name that s●tan puts upon unholynesse , and a loathsom sacrifice to the god of love. you revile the government , and those that conform to it , and yet at the same time you tell the people that you are persecuted . you would be thought kinder to his majesty however , in devolving the severity from the king upon the clergy ; and yet his majesty is pleased to minde you that [ since the printin this declaration , severall seditious pamphlets and quaeres have been published , and scatter'd abroad , to infuse dislike and iealousies into the hearts of the people ; and of the army , and some who ought rather to have repented the former mischief they have wrought , then to have endeavour'd to emprove it , have had the hardynesse to publish that the doctrine of the 〈◊〉 ( against which no man with whom we have conferred 〈◊〉 excepted ) ought to be reformed as well as the discipline . ● so that all this yielding was too little , it seems to stop the mouths of an insatiable faction . but what is it at last that you would be at ? ri. i beg of the clergy that before they any more render odi●●s these whom they never heard , and vrge rulers to execute the laws against them ; that is , to confine , imprison , excommunicate , sil●nce , and vndo th●m , they would be sure , what manner of spirit they are of . non-con . plea , part i. epistle . mo. [ sure of what spirit you are ] do ye say ! why certainly your own conscience tells you that we are sure of that , as hearing , seeing , feeling , and understanding can make us . you are by your own professions of the presbyterian spirit . the spirit that made perjury the condition of life , liberty and estate , to every man in the case of your covenant . the spirit that entred upon sequestred livings , and left not the loyal clergy the freedome , so much as of teaching a school , to supply themselves , and their miserable families with bread. the spirit that deny'd the king in his distresses , the comfort of so much as a common-prayer book , or the assistance of his own chaplains . [ a greater rigour and barbarity then is ever used by christians , to the meanest prisoners , and greatest malefactors ; whom though the iustice of the law , deprive of worldly comforts , yet the mercy of religion allows them the benefit of their clergy , as not ayming at once to destroy their bodies , and to damn their souls , eik. bas . . [ they that envy my being a king , are loth i should be a christian ; while they seek to deprive me of all things else , they are affraid i should save my soul. ibid. ] behold here in a few words the spirit that you plead for . 〈◊〉 . 〈…〉 poor creatures , [ we would [ only ] have a toleration of all ●ha●'s tolerable [ he that will tol●rate all , is bad ; and he that will tolerate ▪ none that differ , is madd . ] r. b's . answer to dr. stillingfleet . p. . mo. if the church may be iudge , all that are tolerable are tolerated allready ; if the people must be the iudges , the intolerable must be tolerated for company . for so long as every party makes , or pretends it self , to be in the right , all the dissenters have one common plea. but in case of any indulgence to be allow'd , it is certainly due to these in preference , that are quietest without it . i cannot but have great compassion for any party that labours under a religious and invincible disagreement , and modesty applies to authority for relief : for so long as they only tell their own tale , i cannot but in ●harity believe that they have no other design then to do their own businesse . but when a conscientious pretense comes to be carry'd on by scandall , invective , reproach , and such methods as are directly irreligious ; the dispute is no longer matter of scruple , or worship , but superiority , and power . there may be religion in telling the government what you desire , but the exposing of your superiours to the people ▪ is down right sedition . and , as you have handled the matter , you might e'en with as good a grace tell the rabble in plain english : look ye my mas●ers , here 's a company of anti-christian swearing , drinking fellows , that will not let us have liberty of conscience ; but i would fain hear you two debate the business of tolera●on a little betwixt your selves . ri. what [ if you shall smite or cast out a supposed schismatique , and christ shall find an able , holy peaceable minister , or other christian wounded , or mourning out of doors . pet. for peace . p. . [ or see a schismatique wounded and a saint found bleeding , &c. saints rest. p. ●● . ba ▪ and now you talk of saints , richard [ to think of such a friend dyed at such a time , and such a one at another time , such a pretious christian slain in such a fight , and such a one at ●uch a fight , ( o what a number of them could i name ) and that all these are enter'd into rest ; and we shall surely go to them , but they shall not return to us. saints rest. p. . in that state of rest , angells as well as saints will be our bless●d associates . ibid. p. . [ i think christians , this will be a more honourable assembly then you ever here beheld , and a more happy society then you were ever of before . surely py● and white , &c. are now members of a more knowing , vnerri●g , well-order'd , right-aiming , self-denying , vnanimous , honourable , tryumphant senate , then this from whence they were taken , is or ever parliament will be . it is better to be door-keeper to that assembly whither twisse &c. are translated ; then to have continu'd here the moderator of this. saints rest. p. . [ nay how many professors will rashly rail and lye in their passions ? how few will take well a reproof , but rather defend their sin ? how many in these times that we doubt not to be godly have been guilty of disobedience to their guides , and of schism , and doing much more to the hurt of the church , a very great sin. peter , lot , and 't is like david did oft commit greater sins , r. b's five disdutes ▪ of right to sacraments p. . but a man must be guilty of more sins then peter was in denying and forswearing christ , that is notoriously ungodly ; yea , then lot was , who was drunk two nights together , and committed incest twice with his own daughters ; and that after the miraculous destruction of sodom , of his own wife , and his own miraculous deliverance . nay , a man that is notoriously ungodly ( in the sense in hand ) or unsanctify'd , must be a greater sinner then solomon was with his seven hundred wives , three hundred concubines , and gross● idolatries , p. . . mo. and are these the saints ( gentlemen ) that you are afraid should be cast out , for schismatiques ? they must be of your own canonizing then , for i assure you i finde no such saints in our kalendar . but let me hear i beseech you whom we are to keep out , and whom to take in . ri. we must either tolerate all men to do what they will , which they will make a matter of conscience or religion ; and then some may offer their children in sacrifice to the devil ; and some may think they do god service in killing his servants , &c. [ or else you must tolerate no errour or fault in religion ; and then you must advise what measure of penalty you will inflict . church-divis . p. , . mo the two great difficulties will be to say what errours are tolerable , and what not ; and then to bring the magistrate and the people to an agreement upon the matter . ri , [ if no errour were to be a tolerated , no men were to be tolerated and the wisest in the world must be numbred with the intolerable , as well as the rest . church divis. p. . ba. [ but some people make those things to be duties which are no duties , and sins which are no sins , calling evil good , and good evil ; and having made a religion of their own , confidently think that it is of god , valuing all men that they have to do with according as they are nearer or further off from this , which they account the way of god ; chusing a church or party to joyn with , by the test of this religion , which their pride has c●osen . church divis. p. . [ thus they divide the kingdom and family of christ ; destroying first the love of brethren and neighbours in themselves , and then labouring to destroy it in all others ; by speaking against those that are not in their own way with contempt , and obloquy , to represent them as an unlovely sort of men ; and if the interest of their cause and party require it , perhaps they will next destroy their persons : and yet all this is done in zeal of god , and as an acceptable service to him . ibid. p. . [ and they think it a resisting of the spirit to resist their judgment . p. . [ i have known too many very honest-hearted christians , especially melancholique persons and women who have been in great doubt about the opinions of the millenaries , the separatists , the anabaptists , the seekers , and such like ; and after earnest prayer to god , they have been strongly resolved for the way of errour , and confident by the strong impression that it was the spirits answer to their prayers , and thereupon they have set themselves into a course of sin. ibid. p. . and [ in truth it is very ordinary with poor phancyfull women , and melancholy persons to take all their deep apprehensions for revelations . ibid. p. . mo. well ; but these people all this while take themselves to be in the right . ba. but as for that which is contrary to scripture , i am sure it is contrary to the will of god. church divis. p. . mo. out of all doubt ; but what if they expound the scripture one way , and you another ? ba. [ why if they believe that themselves which they can give you no reason to believe , they must be content to keep their belief to themselves ; and not for shame perswade any other to it without proof . if they say that god hath revealed it to them , tell them that he hath not revealed it to you , and therefore that 's nothing to you , till they prove their divine revelation . if god reveal it to them , but for themselves they must keep it to themselves . ibid. p. . [ if they say that the spirit hath told them the meaning of the scripture , say as before that it is not told to you which is not proved to you . ibid . [ but if we do through weaknesse or perversnesse take lawful things to be unlawfull , that will not excuse us in our disobedience . our errour is our sin , and one sin will not excuse another r. b's . five disput. p. . [ he that mistakingly thinks any thing is good or bad , duty or sin which is not so , will be zealous in persute of his mistake if he be serious for god. cath. theol. pref. [ it is an ill sign when your zeal is beyond the proportion of your understanding : and your prudence and experience is much lesse then other mens , as your zeal is greater . church divis. p. . [ beside that the more weak and worthlesse , and erroneous any ones judgment is , usually the more furious are they in the prosecution of it , as if all were most certain truth which they apprehend . these are the boldest both in schisms , and persecutions . ibid. . mo. but you will say , that in cases where the common people may be imposed upon by cred●lity , phancy , or weaknesse , they may repair to their teachers to set them right . ba. even the most of teachers take abundance of things for true and good that are false and evill , and for false and bad , which are true and good : much more are godly vulgar people ignorant , and consequently erre in many things , cath. theol. pref. [ and i my self was mistaken in my aphorisms of iustification and the cov●nants , as i have acknowledged in the same preface . mo. you have had very ill luck , sir , with your aphorisms . ri. [ i must confess that when god had first brought me from among the more ignorant sort of people , and when i heard religious persons pray without form , and speak affectionately , and seriously of spiritual and heavenly things , i thought verily that they were all undoubted saints , till e're long , of those whom i so m●ch honoured , one fell of to sensuality , and to persecuting formality ; and another fell to the foulest heresy , and another to disturb the churches peace , by turbulent animositys and divisions . church divil . p. . . &c. ri. [ i thought once , that all the talk against schisme and sects , did but vent their malice against the best christians , u●der those names ; but since then , i have seen what love-killing-principles have done . i have long stood by while churches have been divided , and subdivided ; one congregation of the division labouring to make the other contemptible , and odious ; and this called , the teaching of truth , and the purer worshiping of god ; church-divisions . pref. ba. [ when so great a man as tertullian was deceived by montanus , and his prophetesse : when such a one as hacket could deceive not only coppinger , and arthington , but abundance more ; when david george in holland , iohn of leiden in munster , &c. could deceive so many persons as they did ; when the pretended revelations of the ranters , first , and the quakers after , could so marvellously transport many thousands of professors of religion in this land , i think we have fair warning to take the counsell of st. iohn . believe not every spirit , but try the spirit whether they be of god. church divis. p. . [ alas ? how common was this in the army , to set up and pull down , do an undo , own and disown , as by the spirit of god! there was mr. erbery , mr. saltmarsh , mr. dell , mr. william sedgwick , who as from god wrote one week to the army , against their putting the king to death , and the next week wrote to them quite on the other side , and that set london by a prophecy or vision on looking for the day of judgement , on a set day . second . admon . to bagshaw . p. . vavasor powell at clifton upon thame in worcestershire , quickly after worcester fight , said in his sermon that he would tell them these things as from god that they should have no more kings , nor any more taxes , nor pay any more tithes . ibid. p. . mo. pray'e do but consider now , if your particular pastors disagree among themselves ; if you your self , mr. baxter , have been mistaken in your judgement as well of truth in notion , as of persons ; if those that you took for saints , proved schismaticks ; and persecutors , those that you took for conscientious professors , are we not much better in the hand of a known and impartiall law that cannot deceive us , then at the mercy of a wilde multitude , unknown and prepossess'd , who in all probability will impose upon us ? ri. a fear of sinning is necessary in all that will be obedient to god , and will be saved : it is that fear of god which is the beginning of wisdom . it is therefore to be loved and cherished , even when scrupulousness mistaketh the matter . non-con . plea. d . part. p. . ba. there 's no trusting to scruples . [ i have known some that have liv'd long in douhts and fears of damnation who have turn'd anabaptists , and sodainly had comfort ; and yet in a short time they forsook that sect , and turn'd to another . i have known those also that have liv'd many years in timorous complaints , and fears of hell , and they have turned to the antinomians , and sodainly been comforted ; and others have turned arminians ( which is clear contrary ) and been comforted ; and others have but heard of that doctrine of perfection in this life , and sodainly been past their fears , as if hearing of perfection had made them perfect : and from thence they have turned familists , and at last shew'd their perfection by fornication , , and licentiousnesse and mere apostacy ; who yet liv'd very conscientiously and blamelessely , as long as they liv'd in their fears and troubles , p. . chu●ch divis. [ could i have believed him that would have told me five years ago ( this bearing date ian. . . ) that when the * scorners of godlinesse were subdu'd , and the bitter persecutors of the church overthrown ; that such should succeed them who suffered with us , who were our intimate friends , with whom we took sweet counsel , and went up together to the house of god ? did i think it had been in the hearts of men professing such zeal to religion , and the ways of christ to draw their swords against each other : and to seek each others bloud so fiercely ? alas ! if the judgment be once perverted , and errour hath perverted the supreme faculty , whether will men go , and what will they do ? o what a potent instrumen● for satan is a misguid●d conscience ! it will make a man kill his dearest friend , yea father or mother , yea , the holyest saint , and think he doth god good service by it : and to facilitate the work , it will first blot out the reputation of their holinesse , and make them take a saint for a devil ▪ saints rest. p. . [ whence can it be , but for want of self-denyall , that magistrates pro●●ssing a zeal for holynesse r●gard no more the interest of christ ; but that the name ( and but the name ) of liberty , ( a liberty that hath neither moral good , or evill in it ) is set in the ballance against the things of everlasting consequence , and thought sufficient to over weigh th●m ; and that the meer pretense of this indifferent carnal liberty is thought an argument of sufficient weight for the introduction of a wicked , damning liberty , even a liberty to deceive , and destroy as many as they can , and to hinder those that desire mens salvation . r. b's self-denyal epist. monitory . [ shall every man have leave to do evill , that can be ignorant enough to think ( or say he thinks ) that he doth well ? and must magistrates rule as men that are uncertain whether there be a christ , or a church , or heaven , or hell ; because some are found in their dominions so foolish , or impious as to be uncertain of it ? ibid. [ will mercyfull rulers set up a trade for butchering of souls , and allow men to set up a shop of poyson , for all men to buy and take that will , yea to proclaim this poyson for souls in streets , and church assemblies ? &c. i●i● . but the same argument that tempts the sensuall to hell ; doth tempt such magistrates to set up liberty for drawing men to hell. ibid. is faith and holynesse propagated by perswasion , and not by force ? surely then infidelity , popery and ungodlynesse ar● propagated by perswasion too ; again i tell yo● , self-love doth make such rulers wiser then to grant commission at liberty to all that will , to tice the souldiers to mutinies and rebellion , &c. ibid. liberty , in all mat ers of worship , and of faith , is the open and apparent way to set up popery in the land. n●●-con . plea. pref. m● . well mr. richard : after this frank and sensible d●claration of your self upon this chapter , do but teach me which way in the world to reconcile your practice and your conscience ; for you are a person certainly of all men living , the most improper advocate for a toleration ; and the most unfit sollicitor of a popular petition . first , as your iudgement lie● directly against the thing you pleade for . secondly , as you are conscious of the danger , as well as the injusti●● of such a license . thirdly , you have been a very u●happy instrument already betwixt his majesty and his subjects . and lastly , in demanding that over again from this king , by which his father was destroy'd , you make your self suspected to have some ill designe : for to triumph and rejoyce ( as you do ) after the thing is done , is lesse , a great deal , then to forethink the doing of it . and it is not only that you are sufficiently convinc'd of the mischiefs of a toleration , but your conscience ( if i be not much mistaken ) will make as good a shift as any mans without it . ri. w● are against no bishop or church-government of gods appointment . prof. of non-consormists p. . [ we hold it not unlawful to take oathes , and make covenants , subscriptions , or declarations of things lawfull , when authority commandeth us . ibid. p. . we readily subscribe the doctrine of the . articles . ib. . we are far from condemning all forms of prayer , and publick liturgy , p. . we pick no quarrells about forms and words . church-div . p. . [ tell me if you can , where god forbids you to use good and lawfull words in prayer , meerly because the magistrate , or pastor bids you use them . is this the meaning of all the precepts of honouring , and obeying your superiours ? [ do nothing which they bid you do , though otherwise lawful ] o strange exposition of the th commandement ? p. . [ i take the common prayer to be incomparably better then the prayers or sermons , of many that i hear ; and to be the best that i expect in many places when i go to church . r.bs. letter to mr. hinckly p. . [ it 's like , the pharisees long liturgy , was in many things worse then ours , though the psalmes were a great part of it : and yet christ , and his apostles oft joyned with them , and never condemned them . ch. div. p. . [ he is void of common sense that thinketh that his extemporary prayer is not as truly a form to all the people , as if it had been written in a book . and every publick minister imposeth a form of prayer upon all the congregation . ibid. . [ we hold , not all the use of images , even the images of holy persons , to be vnlawfull . profession of nonconformists . p. . [ we hold not a gown , or other meer distinctive garment for ministers to be vnlawful . and some of us hold a surplice rather to be used , then the ministry forsak●● . ibid. [ many of us hold it lawfull to communicate kneeling ibid. p. . [ we all hold that god must be orderly , and decently worshipped with the body , as well as spiritually , with the minde . and that reverend gestures , and behaviours are fit , not only to expresse mental reverence to god , but also to excite it , in our selves and others . ibid. . we are for the use of the creed , commandements , and lords prayer . p. . ba. [ it is now about twenty years since i preach'd at a fast to the parliament for loyalty ; the king the next morning was voted home to his crown , and government , d part● of non-con . plea. preface . in this sermon , i have given the world a tast of my affections to the church . [ gentlemen , i have nothing to ask of you for my self , nor any of my brethren , as for themselves ; but that you will be friends to serious preaching , and holy living , and will not ensnare our consciences with any vnscripturall inventions of men . this i would beg of you as on my knees . . as for the sake of christ. . for the sake of thousands of poor souls . . for the sake of thousands of the dear friends of the lord. . for your own sakes . . for the sake of your posterity . . for the honour of the nation and your selves . . for the honour of sound doctrine , and church-government . &c. pa. . and . for if you frown on godlynesse , under pretense of vniformity in vnnecessary things ; and make things worse then when libertinism , and schisme so prevail'd : the people will look back with groans , and say ; what happy times did we once see! and so will honour schisme , and libertinisme , and vsurpation , through your oppression . . i beg this of you for the honour of sovereignty , and the nations peace . ibid. and then for your [ new-made religions , and needless scandalous inventions , and an adoring of your titles and robes of honour , covering your ignorance , pride , and sensuality , which church tyrants call the order of the church . &c. [ all the images of piety , government , unity , peace , and order , which hypocrites and pharisees sat up , are despised engines to destroy the life and serious practi●e of the things themselves , and are set up in enmity against spirituality , and holyness , that there might be no other piety , government , unity , peace , or order in the church , but these liveless images . ch. div. pa. . & . ri. [ though we are not satisfied of the lawfullness of using the transient image of the crosse , as a dedicating sign , and symbol of christianity , so much sacramental ( much lesse to refuse from baptisme , and christendome , all christian infants , unlesse they will have them so crossed , no more then if a crucifix were so imposed , and used ) yet do we not condemn all use of either crosse , or crucifix . nor do we presume conscientiously to reproach , and dishonour the antient christians , who living among pagans that derided christ crucify'd , did shew them , by oft using this sign , that they were not ashamed of the crosse. and though we find , that they used more rites , and significations , devised signs , and ceremonies , then we think they should have done , yet we judg it our duty to love and honour their memorial ; nor do we take all rites to be sinfull that are significant . non-conformists profession pa. . . ba. you are not satisfy'd of the lawfulnesse , &c. you say . but are you convinc'd of the vnlawfulnesse ? for [ we must obey magistrates though we know not that their commands are lawful , so long as they are so indeed , and we have no sufficient reason to believe them unlawfull . holy c●m . thesis . . for [ it is not our erroneous conceits , that a lawfull command is unlawfull , that will excuse any man from the guilt of disobedience . ibid. . [ but if a thing seem to you very needfull to a good end , and yet the word be against it , avoid it : &c. [ and if you ●hink that the scripture commandeth you this or that positive means , if nature and true reason assure you that it is against the end , and is like to do much more harm , then good , be assured that you mistake that scripture ▪ ch. divis. pa. . mo. it is a strange thing mr richard , that your consci●nce should be so easy to your self , and yet so troublesome to the government . but your reserve of leaving every pivate man to judge , first , of the condition of the law , by the word ; and then , of his iudgment of that scripture , whether it be right or wrong , by nature and right reason : this reserve i say undoes all again : for every man that does ill , with a good intention , reckons that he has nature and right reason on his side . now for you mr. baxter ; you tell us over and over so often of your fast s●rmon to the h●●se of commons , and the kings being called in the n●xt day , as if that very sermon had wrought his majestiss restauration , but i find up●● perusall of it ●hat you are just as kind to the church in this piece of . as you were a litle before to his majesty in your holy common wealth of . that is to say ; you are begging , arguing , and casing of it all that is in you , to keep them both out ; and truly this particular piece of yours makes almost as bold with the king himself , as with the episcopal clergy : as you shall hear by and by . was it not enough for you to adjure the commons into an opposition o● that order in the church , which ( as he t●lls you ) is as antient as the monarchy of this island ? an order , that you and your confederates most undu●ifully destroy'd ? but could you now have the confidence to demand the spoyls again , which you first ravish'd from the church , and the independents afterward took from you , as the reward of your sedition , and schism ? and could you yet have the greater confidence , in case of a disappointment , to break out into this most unchristian excl●mation , on the behalf of the people ? oh : [ what happy times did we on●● see ! that is to say ; when the kingdome was laid in bl●od , and ashes ; all that was sacred , trampled under foot , and all this confusion , only to heave the presbyter into the saddle . ri. i have described the iudgment of such non-conformists 〈◊〉 i have conversed with , ( not undertaking for every odd person wh●● i know not ) i do desire those that seek our bloud , and ruine , by the false accusation of rebellious principles , to tell me if they can , [ wh●t bodies , or party of men on earth have more sound and loya●● principles of government , and obedience . d . part. non-co● . plea. pref. [ our accusations are . . that we are presbyteria●s , and phanatiques . . that we began the war in . and ●● ▪ . that we destroy'd the king. . that our principles are disl●●al . . that we are plo●ting a rebellion . ibid. but what is a pr●●byterian ? mo. a presbyterian is a member of a state faction , under a religious denomination . for by that 〈◊〉 we do not understand such as are really of that cl●ss●cal and whymsical profession ; but a sort of people tha● drive on a political design , under the colour of an ecclesiastical scruple of perswasion . and in as extensive a latitude do you take the word , your selves . for all the sects are presbyterians ( or dissenting protestants , as you call them ) when you have need of them in con●●ederacy against the government ; though the presby●terians spews all the rest up again , ( as they did in . when they had done th●ir work ; ) but pray what say ye to the b●ginning o● the war ? ri. [ in . the lamentable civil war ●●ok● out ; at which time as far as ●ver we could l●arn by a●qu●intance with s●m● of them , and report of others , excepting an in●onsid●rable number , the houses of lords and commons consisted of those that had still lived in con●ormity to the church of england , and the episcopa●l government , &c. part. non-conform . plea. p. . [ the lord li●utenants whom the parliament chos● , were almost all epis●opal conformists , ibid. [ the ●ar greater part of the gene●all officers , colonells , li●utenant-colonells , and majors of the earl o● essex his army ; and of the sea-cap●ai●s , and of the m●jor-g●nerals of brigades , and counties about the land , bid [ the assembly of divines at westminster also , were m●n that had liv●● in conformity , except about . or . and the scots , p. ● . mo. you do well richard to say that ●hey had lived in conformity , for the complying humour was now going off apace ; insomuch that a profe●t opposition to the orders of the church became q●●ckly a distinguishing mark of the disloyal party : and all those parliament men , o●●icers , and assembly-div●nes , contributed unanimously in their several s●at●●n● toward the common ruine . on [ fryd●y d●c . ● . . a petition was brought into the 〈…〉 all●derman pennington from the citizens of lon●●n ▪ in 〈◊〉 name of . complaining of the church - 〈◊〉 , in having arch-bishops , b●shops , &c. usin● the cr●sse in baptisme ; kneeling at the communion-table , 〈◊〉 unlawfull in the protestant church . diurnal occurrences . pa. . ian . petition against the government of bishops from several counties . p. . ian. . the remonstrance with . hands against the bishops and their prelacy was read , p. . march . a bill against episcopacy read in the house of commons , &c. pa. . mar. . . bishops votes in parliament taken away , pa. . in novem. . several tumults against bishops , and dec. , . bishops accused of high-treason . the bishops in the mean time petitioning his majesty , and entring a protest of their priviledges , and against tumults . apr. . . a due and necessary reformation of the government and liturgy of the church pretended . ex. col. p. . it is to be hoped , that all these violences upon the ecclesiastical state , and the persons of the bishops , were not acted by conformists . and it will not be deny'd , i suppose that after the posting and proscribing of the greater part of the clergi●s friends , ( as well as the kings ) the schismatical int●rest was carry'd on by the major vote of the rem●ining fragment ; and all this was before the eruption of the war ; the earl of essex not receiving his commission , till iuly . . unless you 'le say that epis●opal men themselves , were for the extirpation o● bishops . ri. [ when the parliaments armys were worsted and weakned by the king , and they found thems●lves in dang●r of being ov●rcome , th●y intreat●d help from the ●cots ( 't is true ) who taking advantage of thei● streights , brought in the covenant , as the condition of their help . non-conf . part . p. . and ●or the assembly [ i think i have not read of m●ny assemblies o● worthier men since the apostles days . answ. to dr. stillingfle●t . p . the covenant ●●d vow , was taken by the parliament , and by their garisons , ●nd soldiers that would voluntarily take it as a test whom they mig●● trust non-conf . plea. p. . [ the assembly never endeavoured to turn the independents out of the parish-churches , and benefices , nor to silence them ; forbidding them publick preaching , as you do us , &c. answ. to dr. stillingf . p. . they imposed no liturgy , no one ceremony ; no practice on them , contrary to their conscience , p. . the presbytery being only a tolerated , or intended thing , without any imposition that ●ver we knew of . mo. it is very well known what pains your celebrated assembly took to make the city bleed for that scottish expidition , and we have the guild hall harangues on that occasion , still upon record . but i shall rather mind you of some proceedings which you would be thought to have forgotten ; to the immortal honour of your confederates . only half a dozen words in the way to it - it is no wonder for men that have so low an esteem for generall counsells , as both you sir , and mr. baxter professe to have , in several of your writings , to entertain yet very reverend thoughts of the pybald assembly . his late majesty had quite another opinion of them . see his proclamation , inhibiting the assembly of divines , an● others summoned to westminster , by an ordinance of both houses of parliament . bibliotheca regia . p. . iun. . . whereas there hath been a long time , a desperate and seditious design amongst diverse factious persons , to alter the whole frame , constitution , and government of this church ; so long and so happily established within this kingdome ; in pursuance whereof they have discountenanceed , and in a manner suppressed the book of common prayer , settled by law ; driven away , imprisoned , removed , very many learned , orthodox , godly divines , and ministers from their cures , for discharging their duty and conscience in preaching : and in their places , without the least colour or shadow of lawfull authority , have instituted , or deputed mean factious persons unqualify'd with learning or virtue ; to corrupt and poyson the minds of our good subjects , with principles of reason and rebellion , and have seized the rents and revenues of our bishops , deans , and chapters , for their own private lucre , or benefit , and for the maintenance of the army in rebellion against us . pray observe my friends , that this was before the scots were call'd in ; and the work of men too in opposition to the church : i come now to your apostolical assembly . since these bloudy distempers , and when so many armies are on foot in several parts of the kingdom , a bill hath been presented to us for the calling of an assembly , of such divines , as are mentioned in the said bill , the far greater part whereof are men of no reputation or learning ; and eminently disaffected to the government of the church of england ▪ and very many of them are persons who have openly pr●ached rebellion , and incited the people to take up armes against us , and so are not like to be proper instruments of peace , in church , or state ; which bill having many claus●s in it very derogatory to our honour , and iust rights , and very scandalous to the reformed protestant religion : not so much as any part being left to us , either in the choice of the persons , or in adjo●rning or dissolving the assembly . bib. regia . pa. . what do you think now of the worthy assembly ? your [ men of sound , and loyall principles of government , and obedience . these are the men that you declare your selves resolved to stand or fall by ; ( and out of your own mouths a man may warrant this assertion ; that you are no better friends to this king , then that parliament and that assembly were to the la●● . methinks this testimony of his late majesty against your designes , and proceedings , should move your consciences and stare you in the faces , as if it were his ghost . you would have the world believe that the covenant was never imposed , but that people might take it , or let it alone , as they pleased ; that the assembly silenced no body ; forced nothing ; and that presbytery was only as a tolerated , or intended thing , &c. now how great an abuse this is upon that part of the nation that does not know the story , will appear out of the memorials of these times , under the authority of the faction it self . the lords and commons took the vow and covenant iun. . . husbands collections . fol. . and thought fit to have it taken by the ar●ie● , and kingdome . ibid. arch-bishop of canterbu●●●● temporal livings , dignities , and ecclesi●st●●●● p●●motions sequestered , iune . . 〈…〉 for calling an assembly of learned 〈…〉 ( thirty of the layety , in the commission . ) iune . . an order for ministers upon the fast-day to pray for a blessing on this assembly . iune . . the assembly petitions both houses for a fast , and the removing of blind guides , and scandalous ministers ; destroying monuments of idolatry , &c. iuly . ● . fol. . [ an order for divines that attend the assembly , to go into the country to stir up the people to rise for their defense . aug. . . fol. . [ an ordinance for taking away of superstitious monuments . aug. . . fol. . an ordinance to examine witnesses against scandalous ministers , sep. . ● . fol. . souldiers to take the covenant , octob. fol. . an order for the assembly of divines , to treat of a discipline and government , the present to be abo●ished , and to prepare a directory ▪ octo. ● . ●● . 〈…〉 an order for returning the names of such as take not the covenant to the house of commons , nov. . . fol. . an order for diverse persons to take the covenant at margarets westminster . dec. . . fol. . an ordinance disabling any person within the city of london , from any place of trust , that shall not take the covenant . dec. . . fol. . an exhortation for taking the covenant , &c. feb. . . fol. . an order for taking it throughout the kingdomes of england , and scotland , with instructions ▪ feb. . . fol. . a second order for demolishing superstitious monuments . may . . fol. . an order for none to preach , but ordained ministers , except allowed by both houses of parliament , may . . fol. . an order for putting the directory in execution . aug. . . fol. . severall votes for choice of elders throughout all england , and wales . feb. . . fol. . an order for taking the negative oath , and national covenant . iun. . . fol. . an order for putting the orders of church-government in execution . iun. . . fol. . an order for dividing the county of lancashire , into . classes , octob. . , fol. . an order for abolishing arch-bishops , and bishops , and settling their lands upon trustees for the use of the common-wealth . octob. . . fol. . an order for the speedy dividing and settling of several counties of this kingdome , into distinct classical presbyteries , and congregational elderships . ian. . . scobells acts , . the form of church-government to be used in the church of england , and ireland , agreed upon by the lords and commons , assembled in parliament , after advice had with the assembly of divines . aug. . . fol. . by this time i hope you are satisfy'd that it was a presbyterian war according to the very letter , or if the nonconformists did not begin the war , pray'e who bid ? ri. our calamities began in differences about religion , and still that 's the wound that most needs closing , &c , r. b's . fast sermon . . p. . ba. do not you know , that write about the cause , that the war was not founded in theologicall differences , but in law differences ? r. b's . letter to mr. hi●ckly . p. . ri. the first open beginning was the militia , non. conf. plea. p. . ba. i know how unsatisfy'd many are concerning the lawfullnesse of the war ; i cannot yet perceive by any thing which they object , but that we undertook our defence upon warrantable grounds . the extirpation of piety was the then great designe , which had so far succeeded , that very many of the most able ministers were silenced ; lecturers , and evening-sermons on the lords day suppressed ; christians imprisoned , dismembred , and banished ; the lords day reproached , and devoted to pastimes ; that it was as much as a mans estate ( at least ) was worth , to hear a sermon abroad , when he had none , or worse at home ; to meet for prayer , or any godly exercise ; and that it was a matter of credit , and a way to perferment to revile at , and be enemies against those that were most conscientious ; and every where safer to be a drunkard , or an adulterer , then a painfull christian : and that multitudes of humane ceremonies took place , when the worship of christs institution was cast out , besides the slavery that invaded us in civil respects : so am i most certain that this was the work which we took up arms to resist : and these were the offenders whom we endeavoured to offend . and many of those that scruple the lawfulness of our war , did never scruple the lawfullness of destroying us ; nor of that dolefull havock , and subversion that was made in the church of christ amongst us . the fault was , that we would not more willingly change the gospel for ignorance , and our religion for a fardel of ceremonies . r. b's . saints rest. p. . . ri. [ but the kings subjects may not enter into leagues , c●●●nants and arms against him , without his consent , and laws , m●●ly to propagate religion and reformation in the kingdom . non-conf . plea , d . part , pa. . [ if governors command us to sin against g●● , subjects must not obey , but yet not resist ; much less take up arm● 〈◊〉 reform others , or even to bring in a true religion by vnauthoris●● violence . ibid. p. . ba. it is but a delusory course of some in these times t●●t write many vol●mns , to p●ove , that subjects may not be●t arms against th●i● pri●ces fo● religion . ho. common-wealth , p. ● . [ it is either confusion and ignorance of the state of th●●uestion , or pal●a●le errour in them that maintain , that it is 〈◊〉 lawfull to fight for religion . it is one thing to fight to ma●e o●●ers religious , and another thin● to sight to preserve 〈◊〉 ●wn religion , and to preserve t●e means of religion , to us , ●nd the nation , and our posterity , ibid. persecutors 〈◊〉 ta●e away our lives or liberties , if we worship god accordi●●●o his will , and use the necessary means of salvation . it ●●ghting a●●inst this persecuti●n ▪ we sight principally , and ultimately , for our own , and posterities salvation , and nex● , for the necessary means the●eto , and proximately for 〈◊〉 lives and liberties . ibid. mo. the rancour , and inhumanity of this scandal makes me take the lesse notice of your shifts and contradictions ; so that i shall wave the course of your reasoning , and speak a word to your conscience . pray'e cast a back thought upon the piety , the modera●ion , the unexampled sufferings and constancy of that incomparable prince , whose government , and administration is here so diabolicall ▪ traduc'd . it is a wonderfull thi●g to me , that th● legal justice that was exec●●ed upon two or thr●● contumacious schismatiques , should be so fresh in your memory , and yet the tragedy of that royal , and protestant martyr that fell a sacrifice to the idol of your enthusiastical reformation should be so utterly forgotten . how can you so call to mind the silencing of a stubborn cabal of lawless mutineers ; and the bloud of canterbury , your sacrilegious robbing , and taking possession , not fly in the ●aces of your complices ? especially considering how much you your selves have contributed to the common fate . ri. [ how far the ●arliament was f●om being presbyterians , may b● s●●n in t●e propositions sent from them by the earl of essex , to the king at ●otin●ham , and pa●tly their defeating all the desires and endeav●urs of ●hose that would have presbytery settl●d thorow the land. we know of no places , but london and lanca●hire , where it was commonly taken up , and some little of 〈◊〉 at coventry , and some few such places , non-cons . plea , ●st . part , . ba. [ it is not known that the presbyterian government hath been exercised in london , in lancashire , and in many counties these many years ? . disp. pr●f . . . [ look into this county where i live , and you shall finde a faithful , humble , laborious ministry , associated , and walking in as great unity as ever i read of since the apostles days : no difference , no quarrels , but sweet and amicable correspondency , and communion , that i hear of . was there such a ministry , or such love and concord , or such a godly people under them in the prelates reign ? there was not : where we had ten drunken readers then , we have not one now ; and where we had one able , godly preacher then , we have many now : and this is our loss and misery in these times , which yo● so much lament . ibid. mo. this last passage i finde in a preface entitled [ to those of the nobility , gentry , and commons of this land that adhere to prelacy : publ●shed in the year . and usher'd in , by an epistle dedicatory , [ to his ●ighness richard lord protector of the common wealth of england , scotland , and ireland : with this expression in the last page . [ your zeal for god will kindle in your subjects a zeal for you : and for a farewell , [ a faithfull subject to your highness , as you are an officer of the universal king. richard baxter . it is worthy of a note mr. baxter , that your pen cuts more still in . then it did in seven years before , and that your humour runs much , ( about that season ) upon casuistical points , and the collation of affairs , and times . now all the reason i can discern for your change of topique still upon that crisis , is this. the wheel was almost come round again , and rebellion upon the very point of finishing its course . ●or they had run the monorchy down , into an aristocracy ; that , into a democracy ; cromwell took up the government next , in a single person . but all these successive usurpations were so grievous , and insupportable to the people , that necessarily the next remove must be the restoring of the king , to perfect the revolution . now so soon as ever you discover'd the dawning but of the least hope for his majesties restauration . what mists did you presently cast before the peoples eyes in your political aphorismes , upon the question of authority , and obedience ? what pains did you take to possesse the nation with an opinion of the blessed differences betwixt the state of matters uoder richard the usurper , and charls the martyr ? and to hammer into the heads of the multitude , the danger of re-admitting their lawfull soverei●n ? pray'e tell me sir , was mr. dance's sequestred living , and your little worcestershire association so inestimable a prize , that you could part with the bloud of a most religious prince ; the lives of at least fourscore thousand christians ; the order of the government , both in church and state ; your lives , liberties , and estates ; the peace , honour , and well being of three kingdoms , and all this , in exchange for infamy , beggery , and bondage , and yet reckon your self a gainer by the bargain ? ri. the common-wealths-men persecuted me and others , so far as to make orders to sequester us , for not taking the engageme●● ▪ and for not keeping their fasts and thanksgivings for the 〈◊〉 ●●gainst scotland . r. b's . d . admonition to bagshaw . p. ● . ba. [ it is a dreadfull observation to see so much of the spirit of malignity possessing those that once said they sought against malignants ; and that the ●inisters and servants of the lord , are rayled at by 〈…〉 as ●orme●ly they were by the worst of those 〈…〉 ●es●royed ; and with this d●●●dfull aggravation , that then it ●as but some that were reviled , and now , wi●h many , 〈◊〉 is all. th●● , it was but under the name of puritan● , and roun●●eads ; and now it is openly , as ministers , under the name of priests , and black-c●ats , and presbyters and pulpiteers . s●lf-d●●yal , ep. monitory . mo. this is to intimate that the p●●sbyterians were under a persecution , who were the persecutors , i beseech ye ? even your own io●rney men ; who when they had wrought sedit●●n long enough under you , took the trad● into their own hands , and set up for themselves . and that you may not value your selves upon the merits of your sufferings ; pray'e what was it that you suffer'd for ? presbytery is too tyrannical for the spirit of an indepe●dent to bear . the stomack of that party would not brook it , and so they cast it up again : for there is , though a licentious , yet somewhat of a practical , and accomodable generosity in that party . but are not you aware , gentlemen , that the worse you speak of these people , the greater is your condemnation ; for making the episcopal party still , more insupportable then these , at the very worst ? ri. [ was it not persecution , when many anabaptists and separatists made such work in england , scotland , and ireland , in cromwells time , and after , as they did ? when so many were turn'd out of the universities for not engaging , and so many out of the magistracy , and corporation-priviledges ? and when an ordinance was made to cast out all ministers who would not pray for the success of the wars against scotland , or that would not give god thanks for their victories . when i have heard them pro●ess , that there were many thousand godly men , that were kill'd at dunba● ( 〈◊〉 instance in no other ) and yet we were all by their ordinance to be cast out , that would not give god thanks for this. ch. div. pa. . . what more harsh kinde of persecution could there be then to force men to go hypocritically to god against their consciences , and take on them to beg for the success of a war which they iudg'd vnlawfull . and to return him a publick counterfeit thanks for bloodshed ; yea , for the bloud of thousands ? &c. ibid. ba. only see to this brethren , that none of you suffer as an evill-doer ; as a busy-body in other mens matters ; as a resister of the commands of lawfull authority ; as ungratefull to those that have been instruments of our good ; as evill-speakers against dignities ; as opposers of the discipline , and ordinances of christ ; as scornfull revilers of you● christian brethren ; as reproachers of a laborious , judicious , conscientious ministry , &c. saints rest. pa. . mo. you do not speak i suppose of the seven or eight and twenty cathedralls that were defaced ; the . ministers forced out of their livings within the bills of mortality : nor of the history of querela cantabrigiensis . you accounted it no persecution the forcing of men to pray for the successe of a rebellion against their sovereign ; and to give god thanks for the victories over the king , and the loyal assertors of his majesties , and the churches rights and government . as for you , mr. baxter , your counsell is very good , if it were not that in the dignities , and lawfull powers you have plac'd the crown upon the wrong head : and directed an obedience to the faction , in stead of the king : after your usual method of crushing the one , to advance the other . but it will be a hard matter i believe to convince you that the presbyterians destroy'd the king , and that they did it as presbyterians too , though i reckon it to be very easily probable both from their practises , and positions . and t●is i should not at this time have made the question , but that your self mr. baxter , have been pleased to bring it upon the carpet . ba. [ the generality of the orthodox , sober ministers , and godly people of this nation , did never consent to king-killing , and resisting sovereign power , nor to the change of the antient government of this land. but they have been true to their allegiance , and detesters of unfaithfullness and ambition in subjects ; and resisters of heresy and schisme in the church , and of anarchy , and democraticall confusions in the common-wealth . r.b. sermon before the commons , anno. ● . . pa. . ri. it is most certain brother , that we did never directly consent , ( as you say ) but vnhappily there hath been a difference among us which is the higher power , when those that have their share in the sovereignty , are divided : but whether we should be subject to the higher power , is no question with us . ibid. . mo. if by your orthodox , sober ministers you mean , the episcopal divines , your assertion holds good , or in a litterall construction either ; but if you intend the non-conformists , under these two epithets of orthodox , and sober ; what do ye think of mr , manton , calamy , case , douglas , burton , herle , goodwyn , woodcock , brooks , bridges , marshall , cockayn , faircloath , saltmarsh , sterry , strictland , newcomen ? and for brevity sake , i. o. w. i. and r. b. shall make them up an even score . i could shew ye how these reverend authors have traced the king killing cause , from the very egg to the apple ; ( as they say ) preach'd the lawfullness of the war ; the people into a rebellion ; the kings head to the block ; and then justify'd all when they had done . and yet who but these men of bloud , to quarrell with the government , because they cannot get themselves priviledg'd above the peaceable and obedient sons of the church ? what do ye think of the author of celeusma ; that told the commons in a sermon sept. . . [ that the remove of prelatical innovations countervail'd for the bloud and treasure shed and spent in the late distractions : ] is not this person now with his clamor ad coelum , a very hopefull solicitor for a second reformation ? he that has solemnly declared , that [ if the re-imposing of ceremonies could have brought the late king to life again , he would never have yielded to it . ] at the rate of computation , why shall not a ceremony at this day , out-weigh the life of the son , as formerly it did that of the father ? but what needs more proof then the very order of aug. . . for the assembly-divines to 〈◊〉 the people to rise for their defence ? there is another person also who is engaged i● this present controversy , to whom i would gladly recommend a due consideration of this following extract . [ when kings command unrighteous things , and people suit them with willing commplyance , none doubts but the destruction of them both , is just and righteous ] a fast sermon to the house of commons . ian. . . pa. . he that is entrusted with the sword , and dares not do justice , on every one that dares do jnjustice , is affraid of the creature , but makes very bold with the creator . pa. . [ the kings of the ea●th have given their power to anti christ. how have they earn'd their titles ? eldest son of the chuach ; the catholick , and most christian king ; defender of the faith ; and the like . hath it not been by the bloud of saints ? is there not in every corner of these kingdomes , the slain and the banish'd ones of christ to answer for ? a fast sermon of apr. . . pa. . do not the kings of all these nations stand up in the room of their progenitors ; with the same implacable enmity to the power of the gospel ? pa. . there are great and mighty works in hand , in this nation . tyrants are punish'd ; the jaws of oppressors are broken ; bloudy revengefull people in wars , disappointed , a thanksgiving sermon for the scots defeat at worcester , octo , . . p. . [ what is this prelacy ? a meer antichristian encroachment upon the inheritance of christ , pa. . [ a monarchy of some hundred years continuance , allways affecting , and at length wholly degenerated into tyranny ; destroy'd , pull'd down . swallow'd up a great mighty potentate that had caused terrour in the land of the living , and laid his sword under his head , brought to punishment for blood , p. . [ if any persons in the world had cause to sing the song of moses , and the lamb , we have this day . the bondage prepared for us was both in spirituals , and temporalls , about a tyrant full of revenge ; and a discipline full of persecution , hath been our contest : whether the yoke of the one and the other , should by the sword and violence , be put upon our necks , and consciences , is our controversy , pa. . is it not a prodigious boldness for such spirits as these , to obtrude themselves , either upon the government , or the people , as men of scruple , and the most competent agents for the promoting of vnity , and peace ? and you your self mr. baxter , have not been out neither at this great work of reforming confusion , as your own confessions in some measure , but your conversation and writings do abundantly bear witness . mr. richard here i must confess , furnishes you with a salvo that ignatious loyola himself would have blush'd at . you were ever true to the king , you say , but you did not know who was king. some would have him to be where he was not , and others would not allow him to be where he was. sir , this doctrine might have done well enough in a pulpit at coventry , when you were helping the lord against the mighty ; but from such a restauration sermon , the lord deliver us ! there is first not one word of restoring the king in 't , though it was a fast that had a particular regard to that debate . . it asserts the loyalty of the presbyterians , and yet at the same time , supposes the supreme power in the two houses , which , in few words makes the late king both a subject , and ( with reverence ) a rebell . . the setling of the presbytery , for that 's allways the english of their sound doctrine , and church government , pa. . ) is violently prest as the first thing to be done . give first to god , the things that are gods. . with a pharisaical ostentation of the conscionable , prudent , godly , people of the land , pa. . in opposition to the prophane . you could not do any thing in the world more to obstruct his majestys return , and yet you are pleased to make this sermon an instance of your zeal to advance it . ri· [ the parliament did not raise war against the person or authority of the king , nor did i ever serve them on any such account : but to defend themselves against the kings mis-guided will. holy common-wealth . pa. . their commissions , ( all that ever i saw ) were for king and parliament . we had two protestations , and a solemn league and covenant impos'd upon the nation , to be for king and parliament . and if d●cla●ations , professions , commissions , and national oaths and covenants will not tell us , what the cause of the war was , th●n there is no discovery . ibid. pa. . mo. these commissions , oathes and covenants tell you the pretext of the war , but you must go to their proceedings , and practices to find the cause of it . the two houses seize the kings towns , magazins , forts , and shipping . they violently take the militia into their own hands ; vote an ordinance of both houses as binding as an act of parliament . declare his majestys commissions voyd , issue out orders for securing the kingdome : vote the maintaining of a war , and the seizing of his majestys magazins ; sequester the church and crown revenues : and justify all these injuries , as done in pursuance of their protestations , and covenants , and this is your way now of being for the king. suppose that any man had beaten you , and plundred ye , and imprison'd ye , and abus'd your friends for your sake , and a body should tell you all this while that this man was for mr. baxter . if you were really for the king : why would not for the king according to the oath of allegiance do the businesse as well as for the king according to the covenant ? or how came you to alienate your self from his majesties iurisdictino , and to turh subject , to the two houses ? who absolv'd you from the one oath , or who authoris'd you in the other ? or when you found that the king in the covenant clash'd with the king in the oath of allegeance , why did you not rather comply with the law , then with the usurpation ? for it is impossible to be true to both interests , under so manifest an opposition . you see the colour of the war , and i shall not need to tell you that the cause of it was ambition , of dominion , which was exercised to the highest degree of tyranny . ri. if a people that by oath and duty are obliged to a sovereign , shall sinfully dispossess him , and contrary to their covenants , chuse and covenant with another ; they may be obliged by their latter covenants , notwithstanding the former . holy-common-wealth . pag. . ba. that cannot be , my friend ; for we hold it [ impious and papal to pretend to absolve subjects from their oaths to their sovereign . holy com. pa. . [ it is not in subjects power , by vows to with-draw themselves from obedience to authority . non-confor . plea. p. . mo. but why can ye not now dispense with your covenants , as well as you did formerly with the oath of allegeance ? ri. part of this covenant is [ against popery , superstition , and profaneness ; and all that is against sound doctrine and godlinesse , &c. which the non-conformists take to be lawful and necessary things . non-conf . plea. st . part. p. . but the controversy is not this , and that , but whether as a vow made to god , it binde to things necessary . p. . ba. soft a little . this that you speak of is the league and covenant , not the vow , and covenant . the latter was only a bond of confederacy to assist the parliaments forces against the king ; and taken by the lords ane commons iun. . . and then ordred iun. . to be taken all over the kingdome . but the other was composed afterwards and upon closing with the scots accomodated to the scottish model , and order'd , feb. . . to be taken throughout england and wales , and entitled , for r●formation , and d●fence of reli●ion ; the honour and happiness of the king , &c. [ by this covenant , you are bound , not only to an extirpation of bishops , but to endeavou● the introducing of a scottish presbytery : how can you then dispence with an admittance of the primates episcopacy , as you propounded , in contradiction to the terms of that engagement ? mo. favour me with a word i pray'e . did ye not covenant [ to preserve and defend the kings majestys person , and authority ? ] ri. yes , [ in the preservation and defence of the true religion . ba. but in case of the kings opposing it , we are still obliged [ to continue therein , against all opposition , and ●o promote the sam● , according to our power , against all lets , and impediments whatsoever . see the covenant . mo. let it suffice gentlemen that your party destroy'd the king ; it is no great matter how. ri. [ as to the death of the king , i have in the times of vsurpation , proved that the presbyterians detest●d it . that it was a proud conquering army , by the contrivance of ol. cromwell , and the applause of a few phanatiques that did it by the consent of a small care of the old parliament , called the rump , that durst not trust the king in power . non-conf . plea. part . . preface . ba. prethee dick speak truth and shame the devil . what did we raise armyes for ? and attaque the king himself in the head of his troops ? wee 'l maintain that , by our principles , and aphorisms . [ war is not an act of government , but hostility . men are not in reason to be supposed to intend their enemies good , if they fight we are to b●lieve , they would kill : and nature believeth not killing to be an act of friendship . holy common-wealth . pa. . ● do unfeignedly repent that i did no more for ●eace in my place then i did ; and that i did not pray more heartily again●t con●●ntion ▪ and w●r , b●for● it cam● : and spake no more against it th●n i 〈…〉 that i spa●e so much to blow the coals . for ●his 〈…〉 for●iven●sse of the lord , through the pretious b●o●d of t●● gr●●t reconciler . the hatred of strife , and war , a●d love of p●a●e , and obs●rvation of the lamentable miscariages si●ce , have call'd me often to search my heart , and try my ways by the word of god ; whether i did lawfully engage in that war , or not : ( which i was confident then , was the greatest outward service that ever i performed to god. and whether i lawfully encouraged so many thousands to it . holy common-wealth . pa. . . [ but yet i cannot see that i was mistaken in the main cause ; nor dare i repent of it , nor forbear the same , if it were to do again , in the same state of things . i should do all i could to prevent such a war , but if it could not be prevented , i must take the same side as then i did . and my judgment tells me , that if i should do otherwise , i should be guilty of treason or disloyalty against the sovereign power of the land , and of per●idiousnesse to the common-wealth , and of preferring offending subjects , before the laws , and justice ; and the will of the king above the safety of the common-wealth , and consequently above his own wellfare . ibid , and then for you so impudently and impertinently — mo. nay , let 's have none of this , gentlemen i beseech ye , why you two are old acquaintances ; fellow-labourers , fellow-sufferers , and one womans children as we say . — ba. i shall not eat my words i assure ye ; i may forget my self perhaps , but i am not a man for recantations . i say again , that it was impudently and impertin●●tly done to reflect upon oliver cromwell , as if he had done an ill thing . my holy common-wealth [ was written while the lord prot●ctor ( ●rudently , piously , faithfully , to his immortal horrour , how ill soever you have used him ) did exercise the government . holy common wealth , preface to the army . [ and i have forborn to change any one word of it all , that you may see the worst of my intendments . and that true principles will stand in all times , and changes , though to the shame of those changes that make bad times . ibid. these are my own words , and do you think that i would ever have bestowed upon a detestable wretch , the epithetes of prudent , pious and faithful ? and again ; if oliver had not been a religious , and gratious prince , can you imagine that i should ever have treated his son richard with this complement ? [ we pray that you may inherit a tender care of the cause of christ. key for catholiques , ep. ded. which shews both that oliver had a tendernesse for christs cause ; and necessarily implys that the cause he managed was the cause of christ. and then you shuffle it again upon the phanatiques , and the rump , that durst not trust the king with power . why prethee what power did we allow him ? we took away his arms and his men , and his money , and his credit , and his towns , and his ships , and his laws , and his liberty , and all the ensignes of royalty : and the maxims whereupon we supported our proceedings , did his besinesse . the two houses and the army were no more then the gun and the ball ; the one gave fire and the other kill'd him . mo. mr. baxter ; i ( as you say ) you do vnfeignedly repent , that you spake so much formerly to blow the coals . why are ye blowing of them again ? you carry'd thousands you say , into the war , and eng●ged in it your self , and would do the same thing over again upon the like occ●sion : and your judgment tells you that it were treason against the sovereign power of the land to do otherwise . according to this doctrine , a remnant of the lords and commons may do as much to this k●●g as they did to his father , and the presbyterians pulpi●s shall justify the prooc●eding . you do generously however to own your positions . but yet methinks you should have some regard to the dismal consequences that have ●nsu'd upon this controversy . ba. [ it were too great folly , by following accide●ts , that were then unknown , for me to judge of the former cause . that which is calamitous in the event , is not allways sinfull in the enterprize . should the change of times make me forget the state that we were formerly in , and change my judgment , by losing the sense of what then conduced to it's enformation , this folly and forgetfullnesse would be the way to a sinfull , and not an obedient repentance . nor can i be so unthankful as to say , for all the sins and miscarriages of men since , that we have not received much mercy from the lord : holy common-wealth . pa. . when godlynesse was the common scorn , the prejudice , and shame most lamen●ably prevail'd to k●ep men from it , and so encouraged them in wickednesse : but through the great mercy of god , many thousands have been converted to a holy , upright life , proportionably more then were before , since the reproach did cease , and the prejudice was removed , and faithfull preachers took the place of scandalous ones , or ignorant readers . when i look upon the place where i live , and see that the families of the ungodly are here one , and there one in a street , as the families of the godly were heretofore ( though my own endeavours have been too weak and cold ) it ●orceth me to set up the stone of remembrance , and to say [ hitherto hath the lord helped us . ibid. [ oh the sad , and heart-piercing spectacles that mine eyes have seen in four years space . [ this was jan. . . ] [ in this fight , a dear friend falls down by me : from another , a pretious christian b●ought home wounded , or dead : scarce a month , scarce a week , without the sight or noise of bloud . saints rest , p. . mo. here 's first a most evangelicall accompt of the blessed effects of a civill war : [ the propagation of holynesse . and then , a most remarkable calculation of the date of your calamities , which commences precisely from the armies getting the ascendent of the two houses , without any respect to the outrages both upon the church and state , while the presbyterians govern'd . ri. pray'e will ye [ patiently read over the representation , ●r letter of the london ministers to the lord generall , jan. . . mo. very well , and since you are pleas'd to cast the cause , and the integrity of your party upon that issue , wee 'l see what they say . [ it is allready sufficiently known ( besides all former miscarriages ) what attempts of late have been put in practice against lawfull authority : letter p. . [ this lawfull authority was a faction of the two houses ] especially by the late remonstrance , and declaration , published in opposition to the proceedings in parliament . [ h●re's the crimen lesae majestatis . ] [ as also by seizing , and imprisoning the kings person without the knowledge , and consent of parliament . ibid. [ here 's only a plain seizure of the kings person , without the parliaments privity or leave ; no cond●mnation of the thing it self , furth●r then as it was done without his masters consent . nor was the king more a prisoner in the hands of the army , then he had been at newcastle , in the hands of the presbyterians . ] but now they come to [ that late vnparall'd violence offer'd to the members of it ; forcibly hind●ing above one hundred of them ( if we mistake not the number ) from sitting in parliament : imprisoning many of their persons ; though many of them are known to us to be men of eminent worth , and integrity ; and who have given most ample testimony of their real affection to the good of the kingdome . ibid. pray'e take notice , that it was upon the members , an unparallel'd violence ; upon the king , no more then a simple seizure ; and methinks they might have bestowed some kind epithete upon his majesty , as well as upon the eminent and worthy members . but 't is only the bare king ; and that 's all. [ and besides all this , [ there is an intent of framing and contriving a new model , as well of the laws , and government of the kingdom , as of the constitution of a new kind of representative . all which practices we cannot but judge , to be manifestly opposite to the lawfull authority of those majestrates which god hath set over us ; and to the duty and obedience , which by the laws of god and man , and by our manifold oaths , and covenants , we stand obliged to render to them . ibid. you are not aware , mr. richard , that to justify the doctrine of these letters falls very little short of justifying downright treason ; unlesse you can shew a law that places the supreme power in the two houses . [ the fear of god therefore , ( whose ordinance is violated , when magistracy is opposed ) makes us affraid of medling with those who without any colour of legal authority , meerly upon the presumption of strength , shall attempt such changes as these are . and we ●annot but be deeply affected with grief and astonishment , to see that an army raised by authority of parliament , for the preservation of the priviledges thereof , and of our religion , laws , and liberties , should contrary to their trust , and many engagements , do that which tends to the manifest subversion of them all. p. . pray'e where was the fear of cod , when the king was opposed ? what legal authority had the two houses over his majesty , more th●n the army had over the two houses ! or by what law did that parliament raise that army ? [ we have not forgotten those declared grounds and principles , upon which the parliament first took up arms : and upon which we were induced to joyn with them : ( from which we have not hitherto declared , and we trust through gods grace , we never shall . ) pa. . we have here in few words , the judgment , and the resolution of the presbyterian divines , and the standard of their loyalty , from the lips of the very oracle of the party . i would fain know now which wa● the fouler breach of trust , that of the two houses toward his majesty , to whom both by law and conscience they were obliged , ( besides so many gratious concessio●s ) or that of the army , to the two houses ! the one being like the robbing of an honest man , and the other , the pillaging of that thief : over and above that the army was trayn'd up in the trade of turning out their masters . [ and moreover ; although the parliament thus too● up arms for the defence of their persons & priviledges , and the preservation of religion , laws , and liberties ; yet was it not their intention , thereby to do violence to the person of the king , or divest him of ●is regal authority , and what of right belongeth to him . pa. . do but shew me now any one essential of sovereignty which those people left hi● , if they could take it away , and i will be answerable to forfei● my head for 't . but still it is but what [ of righ● ] b●longeth to him ; and that 's a salvo for all the violences imaginable . [ we disclam , detest , and abhor the wicked , and bloudy te●ents , and practices of iesuits ( the whrst of papists ) concerning the opposing of magistrates , by private persons , and the murthering of kings by any , though under the most specious , and colourable pretenses . pa. . this is all , which upon that desperate crisis of state was said for that pious and unfortunate prince : the saving of the king , being ( if any ) incomparably the least part of the ministers business . beside that the dethroning of him was more criminal then the beheading of him . and in such a case , it would have been no longer a murther , when they should once have voted the fact to be an execution of justice . [ we desire ( say they ) that you would not be too confident on former successes . if god have made you prosper while you were in his way , this can be no warrant for you to walk in ways of your own. p. . [ so that the old cause is gods still , to this very day . ] and besides ; [ you have e●gaged your selves by an oath to preserve his majestys person , and the priviledges of parliament ; and this is most clear , that no necessity can justify perjury , or dispense with lawfull oaths . pa. . i should be glad to know now , how you came to be absolv'd of the oath of allegiance , or how you can honestly pretend to stand up for any interest , that renders the king accountable to his subjects . ba. [ yet if i had taken up arms against the parliament in that war , my conscience tells me i had been a traytor , and guilty of resisting the highest powers . holy com. pa. . mo. at this rate , the king was a traytor on the other side . ba. why do you cite the holy common wealth , so often ? for i have desired that the book be taken as non scriptus . non-con . ●lea d part . pref. mo. and would not any malefactor that were deprehended in the manner , say as much as this amounts to ; and wish that the thing might be taken as non factum ? this is rather a shift , then a retractation . and then again ; it is a wonderfull thing that you should overshoot your self so much upon a subject that was expresly [ suited to the demands , and doubts of th●se tim●s , ] holy com. pa. . that is to say ; the restoring of the king was the point then in agitation , and out comes your book of aphoris●s expresly to possesse the people against it . ba. if you would have a recantation more in form , [ i do here freely profess that i repent of all that ●●er i thoug●t , sayd , wrote , or did , since i was born , against the ●●ace of church or state , against the king , his person , or ●●thority , as s●preme in himself ; or as d●●●vative in any of his officers , m●gistrats , or any commissioned by him . d admonition to bagshaw . pa. . mo. this mock repentance is a trick that will not pass either upon god or man. the kings headsman might have sayd as much , and yet account that execrable office a meritorious work . you are at your fast sermon again ; always obedient to the highest powers , but divided somewhere about the receptacle of the sovereignty . you ask god forgivenesse for all that ever you thought , sayd , wrote , or did , against the king , and the publick-peace . and what signifies this repentance , so long as you persist in maintaining , that all the violences acted upon the person , crown and dignity of his sacred majesty , in the name of the king and parliament , were not against the king , but for him , this is all , but the hypothesis of a transgression . lord forgive me all that ever i did amiss . that is to say , if ever i did any thing amiss . but i charge my self with no particulars . why do ye not touch the thesis that you condemn ; and say this , that , and tother aphorisme i renounce ? nay , why do ye not reform and correct your mistakes , and state the matter aright , toward the bringing of these people into their wits again , that have been intoxicated by your false doctrine , and poyson'd from your very pulpit ? ba. [ if you quarrell with my repentance as not in particulars enow ; i answer you , that as in the revocation of the book , i thought it best to revoke the whole , ( though not as retracting all the doctrine of it ) because if i had named the particular passages , some would have said i had mentioned too few , and some too many , and few would have been satisfi'd . admon . to bagshaw . pag. . mo. you have mark'd [ revoke , ] and [ retract ] with an emphatical character , to give to understand , that you do not retract , though you do revoke , and you have put them in italique , to shew that there lies a stresse upon those two words . you revoke the whole [ book ] you say , not as retracting all the doctrine of it : if by revoke you mean call in , or suppr●ss ; you might as well call back your breath again , as the venome that was diffused by those aphorisms . and then to say that you do not [ retract all the doctrine of it ] does not necessarily imply , that you retract any part of it . or if you do , your repentance is yet frivolous , for want of distinguishing the right from the wrong ; that your disciples may not take the one from the other . your apprehension indeed of saying too much , or too little if you should come to particulars , is very reasonable : for to please the lovers to their prince , church , and countrey , you must not leave one seditious , or schismatical principle behind ye . but then on the other side , if you come to pronounce the levying of arms , the making of a great seal , and exercising other acts of sovereignty , without , and against the kings commission , to be high treason by the established law , you are lost to all intents and purposes , with your own party . so that for fear of disobliging the one side or the other , by confessing too much , or too little , you have resolved upon the middle way of confessing just nothing at all . ba. [ i do repent ( again ) that i no more discouraged the spirit of p●evish quarrelling with superiours , and church-orders ; and ( though i ever disliked and opposed it , yet ) that i som●times did too much encourage such , as were of this temper , by speaking too sharply against those things which i thought to be church-corruptions : and was too loth to displease the contentious , for fear of being uncapable of doing them good , ( knowing the prophane to be much worse then they ) and meeting with too few religious persons , that were not too much pleased with such invectives . ibid. mo. this clause of repentance , is every jot as much a riddle to me as the former . you did not sufficiently discourage the spirit of quarrelling with superiours . [ which spirit you your self raised . ] you were a little too sharp upon what you thought to be church-corruptions , [ so that here 's a bit , and a knock , you were a little too sharp ; but it was against corrup●ions in the church ; your very repentances are calumnies . but you were willing to oblige a contentious religious party that was pleased with invectives , you could have done them no good else . and what good i beseech ye did you do them by it , but mislead , and confirm them in principles of disobedience ? only you consider'd you say , that the prophane were much worse then the other . what is the reason that mr. baxter will be perpetually thus inconsistent with himself ; first you repent for no more discouraging , and then ( by a side wind ) for encouraging ; and before the repentance is out of your mouth , you are at it again , with your church-corruptions , and your opposition of the prophane forsooth to the godly , to enflame the d●vision , and to harden the non-conformists in their dissent . now as to your stigmatizing character of prophane , there is a personal prophanenesse , and there is a prophanenesse of association , and confederacy . there are many men i know , that have gotten so diabolical a habit of swearing , cursing and blaspheming the holy name of god , that they can hardly speak ten words without an oath , or a curse : this is witho●t dispute a most abominable sin ; but it is withall so disagreeable , and so offensive , that it gives a man a horrour for the imitation , and practice , of so unprofitable , and so monstrous a crime ; and though it be a grievous wickedness , it is not of so dangerous an example . but what say you to sacramental leagues against order , and law ? to the forcing of a whole nation either to swear or starve ? to the calling god into a conspiracy against government and religion ? to the robbing of altars ; demolishing of temples ; dethroning of kings ; degrading of bishops ? &c. and all this , in the name of the most high god , and with hands held up unto the lord. but go on with your repentance . ba. [ i do repent ( also ) that i had not more impartially and dilligently consulted with the best lawyers that were against the parliaments cause , ( for i know of no controversy in divinity about it , but in politiques and law ; ) and that i did not use all possible means of full acquaintance with the case . ibid. [ and that for a little while the authority of such writers as mr. richard hooker , lib. i. eccles. polit. and bishop bilson , and other episcopal divines did too much sway my judgment toward the principles of popular power . [ and seeing the parliament episcopal , and erastian ; and not hearing when the war began , of two presbyterians amongst them all , nor among all their lord li●utenants , generalls , major generalls , or colonells , till long after ; i was the easilyer drawn to think , that hookers political principles had been commonly received by all ; which i discerned soon after upon stricter enquiry , to be unsound , and have my self written a confutation of them . pa. . mo. this way of dodging , in one of the prophane ( as you stile us ) would have been iesuitical . here 's only a bare wish that you had made a stricter enquiry into the cause , but no acknowledgment that you were in the wrong . and again , if you knew of no controversy in divinity about it ; why are all your writings stuffed with such a huddl● of texts for obedience to the two houses ? what did you search the word of god for , in the case ? holy com. pa. . 〈…〉 were misled by mr. hookers first book of ecclesiastical 〈…〉 favour of popular power ; why would ye not let him set the right in your ecclesiastical ●olitiques , and in your duty to the authority , and discipline of the church , to make ye some amends ? the biasse which you will have him to take , in favour of popular power , being not one jot to your purpose , but regarding only the specification of government , and not the fountain ; and who●ly forrein to your phansy of a co-ordination : whereas that great mans discourse in vindication of the rites and injunctions of the church comes directly to your point : and stands as sirm as a rock against all the insults of calumny , and opposition ; without any pretense to a reply . but you serve mr. hooker in this , and the king himself , and the english clergy in oth●r cases , as you do the bishops in your church-history : you turn over indexes and common-places for matter of reproach against them , and then obtrude upon the world , the frailties of some , and your own most uncharitable mistakes of others , for the history of the order ; but not one word of their virtues . ( it would make a black book , the story of the presbytery drawn up at the same rate . ) it is your way still , under a pretext of advancing the mistical church , to depress the visible , and to put the people out of love w●th both civill and ecclesiastical constitutions . ba. [ pray'e do but observe and see of what manner of persons the visible church hath be●n constituted , in all ages of the world , till now . in the first church , in adams family , a cain , in a church of eight persons , the father and pastor overtaken with grosse drunkenness , and one of his sons was a cursed cham. in a church of six persons , two of them perish'd ( in sodom ( in the flames among the unbelievers , and a third turn'd into a pillar of salt : the two remaining daughters , committed incest . in abrahams family , an ishmael ; in isaac●s , an esau : even rebecca , and iacob guilty of deceitfull equivocation ; an abraham and isaac deny'd their wives to save themselves in their unbelief . in iacobs family a simeon and levi , that sold their brother ioseph . of the church of the isralites in the wilderness but two permitted to enter into the land of promise , &c. [ the ten tribes were drawn by ieroboa● to sin , by setting up calves at dan in bethel , and making priests of the vilest of the people ; and forsaking the temple , and the true worship of god and the lawfull priests . and these lawfull priests at ierusalem were ravening wolves and greed● dogs , and careless , and cruell shepherds . the false pro phets who deceived the people were most accepted . ] ch div. pa. . ● . . and if you run through the churches of rome , corinth , galatia , colosse , ephesus , pergamus , thyatira , sardis , laodicea . ] pa. . . . you 'le finde it to be the same case . mo. but what 's your end in all this ? ba. [ not to make sin less odious , nor the church or godly less esteemed : but to shew you the frame of the visible church , in all generations , and how it differeth from the iewish ; lest you should take on you to be wiser then god , and to build his house after a better rule then his gospel and the primitive pattern . ibid. pa. . mo. this is by interpretation , the non-conformists are the invisible church ; and the episcopall clergy are the ravening wolves , and the greedy dogs , and all the sons of the church of england , are the church visible , according to your most obliging way of allusion . but there 's one thing i forgot . you say , the presbyterians did not begin the war ; which with your favour is a great mistake , and yet not a pin matter to the case in question ; whether they did or not . did not the kirk lead the dance , and the republican faction in england pay them their wages , and call them their dear brethren for their pains ? and then the presbyterian war was denounc'd in the pulpi● , and in the parliament-house too , long before the republican broke out openly in the field . what if the first publick sticklers , were not at that time declar'd presbyterians ? they were yet in the conspiracy against bishops , though under another notion ; and quickly after they listed themselves under that very profession , as the best cover in nature for their purpose ; for that schisme was never without a state-faction in the belly on 't . but nothing is more notorious , then the intelligence that was held , from the beginning , betwixt the republican caball , and the presbyterian divines ! the one drew the bellowes , and the other play'd the tune . and take notice likewise , that presbyterian was a mark of the faction rather then a note of the religion , and used in contradistinction to royallist . but pray'e finish your repentance . ba. for [ all the rest of my sins in this business , which i know not of particularly , i do implicitly and generally repe●● of , and ask of god to give me a particular conversion , &c. ] ibid . mo. if you have told all the particulars you know of , yo●● account , mr. baxter , is soon cast up . you begin with a gen●rall supposition . all that ever i thou●●● , said , &c. without any one instance ; or acknowledgement . if you had sayd , i have committed many sins of this kinde , and 〈◊〉 that , it had been something . your second branch of repentance , is for no more discouragi●● peevishnesse toward superiours ; and then sometimes too 〈◊〉 encouraging it by being too sharp your self against what yo● took to be church corruptions . why sorry for no more discouraging , when you were so far from discouraging at all , th●● on the contrary , you repent in the same period , for too 〈◊〉 encouraging ? this is , at the best ; but a lame and a gene●●● particular repentance . that which you make no more of th●● the spirit of peevish quarrelling ( as if the people had only 〈◊〉 upon a nettle ) you should have spoken out , and call'd it the spirit of contumacy , and rebellion . and what is it that yo● charge upon your self here , more then that you were a little too mealy-mouth'd ? but wher 's your vindication of the ch●r●●-orders you mention ? where 's your determination which 〈◊〉 the right superiours . why do ye not tell the people that yo● were mistaken in the opinion of our church-corruptions ; and instruct them in their duties of obedience to god , and the king ? without so doing , that which you call repentance , is o●l● a snare to the multitude , and a scandal to the government . your next pang of repentance , is for not consulting t●e best lawyers that were against the parliament , more impartially and dilligently then you did . is this the repentance , mr. baxter , of a confessor ? a r●pentance , without a confession : an arrant peice of artifice , a●d design , to put on the disguise of a recantation , and witho●● any charge or discharge of conscience , to keep in with bo●h parties . the sin does not ly in your not advising with lawyers concerning the state of the controversy , but in plungi●g your self and others into bloud , hand over head , contrary to the laws of god and man , without so much as consulting the grounds of the quarrell . to the royallists it looks like an excuse of your disloyalty to the king ; as who should say ; 't is true , i was to blame : it was a poynt of law , and i should have taken better advise upon 't . and if the other side accuse you as a desertor of the cause , you can acquit your self there too , that you have not repented of any one poynt to their prejudice . if it be not as i say , and that you mean good faith , do but publish your loyalty to the world , in the manner , or to the effect following , and i 'le ask your pardon . i do declare , that the lords and commons assembled in parliament , are still the kings subjects , and that it is not lawfull for them to exercise any act of sovereign power , without or against the kings command , or consent . i do l●kewise declare that the war , raised by the pretended authority of the lords and commons in . with all their orders , ordinances , and impositions in pursuance thereof , were also unlawfull : and that all acts of hostility done by them or their order , against the king , or the party commssioned by h●m , during the command of the earl of essex , were acts of disloyalty , and rebellion . if you be really the man that you would be thought to be , you 'le never boggle at this test : but if this will not down with ye , ( let me tell you sir , that to my knowledge worse then this , has ) you will make me think of the lady in the proverbs , that [ eateth , and wipeth her mouth , and saith i have done no wic●ednesse . ba. you reflect in these reproaches either upon my particular principles , or upon the principles of the party , or upon both. as to my self ; [ if any man can prove , that i was guilty of , hurt to the person , or destruction of the power of the king , or of changing the fundamental constitution of the common-wealth ] &c. holy com. pa. . . [ i will never gain-s●y him if he call me a most persidious rebell ; and tell me that i am guilty of far greater sin , then murther , whoredome , drunkenesse , or such like . ibid. or if they can solidly confute my grounds , i will tha●● them , and confesse my sin to all the world. ibid. ri. nay brother baxter , you must give me leave to put in ● word now ; and first to your practice , then to your grounds . di● not you animate the party that was in arms against the king ; 〈◊〉 much as any man , and was that no hurt to his person ? [ remem●● ( say you to the army ) how far i have gone with you in the w●● — and shall i be affraid of my old most intimate friends ? &c. holy com. pref. will you have it now that this army , your o●● , and intimate friends , did no hurt to his majesties person ? a●● now bethink your self , of your challenge in the preface to your ho●● common wealth . [ prove that the king was the highest pow●● , in the time of divisions , and that he had power to make 〈◊〉 war , which he made , and i will offer my head to iustice as a ●●bell . ] is not this destructive of the kings power ? and is not 〈◊〉 a change of the fundamental constitution of the common-wea●●● , 〈◊〉 say that [ the members of parliament considered disjunctly , 〈…〉 subjects , but that conjunctly , as a house or body , they 〈◊〉 the sovereignty . ] holy com. pa. . and again , pa. . [ te●● the parliament hath a part of the legislative power , ( eve● 〈◊〉 enacting , and not only of proposing ) is undoubted . ba. nay if you go to that richard , i shall call you to a●compt for your practises and propositions too . do not you remember a certain dedicatory epistle , to richard protector , i● your key for catholiques , where you have these words ? [ gi●● not leave to every seducer to do his worst to damn mens so●l● when you will not tolerate every traytor to draw your am●ie● or people into rebellion . ] and again , [ this is one th●t rejoyceth in the present happiness of england , and honoureth all the providences of god , by which we have been brought 〈◊〉 what we are . ] do not you here acknowledge richard the pr●tectors sovereignty ? and blesse all the providences that have brought matters so comfortably about ? ri. ay , ay , baxter ; that 's a doctrine you taught me in your commonwealth . [ i am bound to submit to the present government , as set over us by god , and to obey for conscience-sak● , and to behave my self as a loyal subject towards them. for a full and free parliament hath own'd it , and so there is notoriously the consent of the people , which is the evidence that former princes had to iustify their best titles . pa. . whereas in truth neither was this a free parliament , nor any parliament at all ; neither w●s your submission to the present power , an act of conscience , for the same conscience would have oblig'd you as well to the king , upon the same grounds . ba. in good time mr. richard : and who taught ye , i wonder your complements to prince richard in the five disputations ? where you addresse your self [ to his highnesse , richard , lord protectour of the common-wealth of england , scotland , and ireland . ] ep. ded. and further [ your zeal for god will kindle in your subjects , a zeal for you . the more your life & government is divine , the more divine will you appear ; and therefore , the more amiable , and honourable to the good , and reverend to the evill . parliaments will love and honour you , and abhor the motions that tend to a division , or your iust displeasure . ministers will heartily pray for you , and prayse the lord for his mercies by you , and teach all the people to love , honour and obey you . the people will rejoyce in you ; and you will be lov'd or fear'd of all. such happinesse attendeth serious piety , when impiety , selfishnesse , and neglect of christ , is the shame and ruine of prince and people . i crave your highnesse pardon for this boldness , and your favourable acceptance of the tender'd service of , a faithfull subject to your highness , as you are an officer of the universal king , richard baxter . ri. i' keep still to my old master doctour of the aphorisms , [ if a person enter into a military state against the people , and by them be conquered , they are not obliged to restore him , unless there be some other special obligation upon them , beside their allegeance . ] thes. . and moreover [ if the person dispossest , though it were vnjustly ▪ do afterward become vncapable of government , it is not the subjects du●y to seek his restitution . ] thes. . and yet again [ whosoever exp●lls the sovereign , though injuri●usly , and resolves to revive the common-wealth , rather then he shall be restored : and if the common-wealth may prosper without his restauration , it is the duty of such an injur'd prince , for the common good to resign his government ; and if he w●ll not , the people ought to iudge him as m●de incable by providence , and not to seek his restitution to the apparent ruine of the common-wealth . ] thes. . mo. praye let me put in a word betwixt ye . what do you call incapacitys ? ba. [ when providence depriveth a man of his vnderstanding , he is materia indisposita , and vncapable of government , though not of the name . ] thes. . [ if god permits princes to turn so wicked , as to be uncapable of governing , so as is consis●ent with the ends of government , he permits them to depose themselves . ] thes. . again ; [ if providence statedly disable him that was the sovereign , from the executing of laws , protecting the just , and other ends of government , it maketh him an uncapable subject of the power and so deposeth him . ] for a government so impotent , is none . a capacity for the work and ends is necessary in the person ; and when that ceaseth , the power ceaseth . ] h●l . comm. pag. . . ri. and then you say further , thes. . that [ any thing that is a sufficient sign of the will of god , that this is the person , by whom we should be governed , is enough ( as ioyned to gods laws ) to oblige us to consent , and obey him , as our governour . ) vpon which ground , you your self do iustify all that i have either said , or do●e , in submission to richard. and so you do likewise in your thesis . [ if the rightfull governour be so long dispossest , that the common-wealth can be no longer be without government , but to the appar●nt hazzard of it's ruine , we ought to iudge that providence has disp●●sest the former , and presently consent to another . ] we must not say , that [ because we cannot have such a man , wee 'l have none , but be vngoverned ; this is to break an express commandement , and to cast off the order and ordinance of god , for a persons sake . ] p. . and then there 's another thing ; you put all the cases that ever you could muster up , against the kings return . [ if a king ( you say ) dissolves the government he can be no governour . if an enemy , no king. a destroyer cannot be a ruler , and defender ; he proclaimeth hostility , and is therefore not to be trusted . ] pa. . ba. well , well ? richard. if you had pleased , you might have found out some other aphorismes , where i have done as much right i 'm sure to sovereign power as any man living . do not i say thes. . that [ it is the subjects duty to defend their prince , with their strength , and hazzard of their lives , against all forreign and domestique enemies , that seek his life , or ruine ? ] ri. if you speak this to the cause in question ; how will you come off where you say [ if i had known that the parliament had been the beginners ; and in most fa●●t , yet the ruine of our trustees , and representives , and so of all the security of the nation , is a punishment greater then any fault of theirs against a king , can from him deserve : and that their saul●s cannot disoblige me from defending the common-wealth . ● owned not all that ever they did : but i took it to be my duty to look to the mayn end. and i kn●w that the king had all his power for the common good , and therefore had none against it ; and therefore that no cause can warrant him , to make the common-wealth the party , which he shall exercise hostility against . ] ho. com. pa. . [ all this s●●med plain to me ] and [ when i found so many things conjunct , as two of the three estates against the will of the king alone , the kingdoms representatives and trustees assaulted in the guarding of our liberties , and the highest court defending them against offending subjects , and se●king to bring them to a legal tryal ; and the kingdoms safety , and the common good , involved in their cause ( which may be more fully manifested , but that i would not stir too much in the evils of times past ; ) all these , and many m●re concurring , perswaded me , that it was sinfull to be neutrals , and treach●rous to be against the parliament in that cause . ] — [ it were a wonder if so many humble , honest christians , fearful of sinning , and praying for direction , should be all mistaken in so weighty a case , and so many damme's all in the right . ] pa. . ba. very learnedly apply'd . but do not i say pa. ▪ that [ if a parliament would wrong a king , and depose him unjustly , and change the government , for which they have no power , the body of the nation may refuse to serve them in it , yea , may forcibly restrayn them ? if they not●riously betray their trust , not in some tolerable matters , but in the fundamentalls , or points that the common good dependeth on , and engage in a cause that would destroy the happynesse of the common-wealth ; it is then the peoples duty to forsake them , an● cleave to the king against them , if they be enemies to the common-wealth . ] pag. . ri. now i beseech ye mr. baxter be pleased to compare pa. ● . with pa. . where you lay down this thes●● [ though some inj●ry to the king be the occasion of the war , it is the duty of all the p●●ple to defend the common-wealth against him ; y●t so , as th●t t●●y protest against that injury . ] ba. but what say ye all this while to the case of making co●nt to an usurper ? [ when it is notorious ( say i ) that where a ma● has no right to govern , people are not bound to obey him , unlesse by accident . ] thesis . ri. [ we detest their o●inion , who think that a strong and pr●sperous vsurper , may be defended , against the king , or that the ki●g is not to be def●nd●d against him , to the hazzard of our estates , 〈◊〉 lives . ] non-conf . d . part . pa. . [ meer conquest with●●● consent , is no just title . ] ibid. p. . and again , [ vs●rp●● have no true power , nor do their commands bind anb one in consc●ence to formal obedience : nor may they be set up and defended agai●●● the lawfull governour . ] pa. . [ and those are vsurpers 〈◊〉 by force or fraud depose the lawfull governour and take his place . ibid. [ if vsurpers claim the crown , the su●ject must iudge wh●● is their king and must defend his right . ] non-con . plea. . ba. but what if the people shall miss-judge ? [ all things are not destructive to the common-wealth , that are judg'd so by dissenting subjects . ] holy com. pref. [ nor are subje●ts allow'd to resist , whenever they are consident that rulers would destroy the common-wealth . ] ibid. [ oh how happy would the best of nations under heaven be , if they had the rulers that our ingratitude hath cast off . ] [ our old constitution , was king , lords , and commons , which we were sworn and sworn , and sworn again to be faithfull to , and to defend . the king with-drawing , the lords and commons ruled alone , though they attempted not the change of the species of government . next this , we had the major part of the house of commons in the exercise of sovereign power , the corrupt majority , ( as the army call'd them ) being cast out . ] ibid. &c. 't is no matter for the following revolutions ; [ to resist , or depose the best governours in all the world , that have the supremacy , is forbidden to subjects on point of damnation . ibid. ri. pray'e hold your hand a little mr. baxter . if the government was i● king , lords , and commons , how came the two houses ●o rule alone , with an vsurpation ? and without changing the species of the government ? or how came we , that you say were sworn over and over to all three , to depose the head , and submit to the other two ; and to let the government sink from a mona●chy , into a● aristocracy ? and why might not the commons , cast out the lords , and the army the commons , as well as the two houses cast off the king ? especially by your own comment upon , [ let every soul be subject to the higher powers . ] ho. com. e . where you expound the higher power , to be intended of the governours in actual possession . what hindred this a●gument from holding , when the king was in actual possession ? ba. [ a people may give an honourary title to the prince , and not give the same to others , that have part in the sovereignty . ] [ so that names are not the only notes of sovereignty . wherefore one must not judge of the power of princes by their titles , or names . ] ho. com. pa. . [ the law saith the king , shall have the power of the militia , supposing it to be against enemies , and not against the common-wealth , nor them that have part of the sovereignty with him . to resist him here is not to resist power , but usurpation , and private will. in such a case , the parliament is no more to be resisted then he , because they are also the higher power . ] ho. com. pa. . and there 's more in 't yet . [ if a prince be statedly made a begger , or forsaken , or ejected by a conqueror , and so uncapable of governing , if it be but pro tempore , the subjects for that time , ( that have no opportunity to restore him ) are disobliged from his actual government . [ pa. . ri. so that the s●izing of a prince's revenue , deposes him from 〈◊〉 sover●ignty , and descharges his subjects of their obedience . but i took [ inferior magistrates to be subjects of the king as well as the meanest men ; and to have no more power to depose , or take up arm● against him , then other subjects . ] non-con . plea , d . part p. ● . and [ in all the times of vsurpation , and since , i said , and wrote , that the kings person is inviolable , and to be iudg'd by none , either pe●r , or parliament , and that it is none but subjects , that they m●y call to account , iudge , and punish . ] pref. ba. i shall leave [ others to judge , in what cases subje●●s may resist kings by arms ; we shall only conclude , that no humane power can abrogate the law of nature , non-c●● . plea. d. part pa. . ri. and may not the two houses be resisted by the law of nature as well as they oppo●●● the king ? [ mod●●● subj●cts should rather study what laws god hath made for themselves , then what 〈◊〉 he hath made for kings ; and what 〈…〉 own duty th●● wh●t i● the kings : [ th●ugh 〈…〉 are not bound to be 〈◊〉 . ] non-con . plea , d. part. pa. . ba. nay i am as little for restraining of sovereign power as any ●lesh breathing . [ it is not sa●e or lawfull for the people to limit , or restrain the sovereign power , from dispos●●g so far of the estates of all , as is necessary to the safety of a●l , which is the end of government . ] thesis . nay [ a governour cannot law●ully be restrayned by the people from preserving them . ] thes. . [ for the multitude are covetous , tenacious , injudicious , and incompetent judges of the necessities , or commodity of the common-wealth . ] pa. . ri. but what was it you were saying e'en now of the best governours in the world ? ba. i was saying , that [ the best governours in all the world that have the supremacy have been resisted or deposed in england . i mean . them that the army called the c●rrupt majority : or an hundred forty and three imprison'd , and secluded members of the long parliament , who , as the majority , had , you know what power . . the powers that were last layd by . i should with great rejoycing give a thousand thanks to that man , that will acquaint me of one nation upon all the earth , that hath better governours in sovereign power ( as to wisdome and holyness conjun●t ) then those that have been resisted , or deposed in engl●●● . ho. com. pref. ri. you speak of the secluded members , and the two cromwells . but they all came in by violence ; and [ i know none of the non-conformists that take it not for rebellion , to pull down or s●t up ●orcibly by the sword , any thing against the supreme r●ler , or without him ] r. bs. letter to mr. hinckly . pa. ● . ba. [ the parliament did remonstrate to the kingdom , the danger of the subversion of religion , and liberties , and of the common good and interest of the people whose trustees they were ] ho. com. pa. . and [ if a nation regularly chuse a representative body , of the most noble , prudent , interested members , to discern their dangers and the remedies , and preserve their liberties and safety , the people t●emselves are to discern these dangers , and remedies by their eyes . ] thes. . and i think [ it was time for us to believe a parliament concerning our danger , and theirs , when we heard so many impious persons rage against them ] pa. . [ the irish professing to raise arms for the king , to defend his prerogative and their own religion against the parliament . i say , in such a time as this , we had reason to believe our entrusted watchmen , that told us of the danger , and no reason to suffer our lives and libertyes to be taken out of their trust , and wholly put into the hands of the king. we had rather of the two , be put upon the inconvenience of justifying our defence , then to have been butcher'd by thousands , and fall into such hands as ireland did . ] pa. . but [ all the wars that have been since the opposition to the parliament , and violence done to the person of the king : were far from being own'd by the common sort of the now non-conformists , &c. ] non-conf . plea. pa. . ri. you were saying a while agoe as i remember , that a parliament that destroys fundamentals , is an enemy to the common-wealth , and the people ought to oppose them . pray'e say : 〈◊〉 not the freedome and right of the electors , as much a fundamental , as the priviledge , and trust of the elected ? how comes it then that you propound the reducing of elections to the faithf●●l , honest upright men , ] &c. pref. to the ho. com. ba. let me speak afterwards of the necessity , and of the utility of this cause . . [ it is known that parliaments quà tales , are not divine , religious , protestant , or just. the six articles by which the martyrs were burnt , were made by a parliament . all the laws for the papal interests in the days of popery ▪ have been made by them . they have often followed the wills of princes to and fro , and therefore they are not indefectible , nor immutable , as such . ho. com. pa. . mo. very right ; and all the late orders and ordinances 〈◊〉 sequestring crown and church-revenues , commitments , plunders , decimations and the like , were made by that which you call a parliament . but see now in what a condition th●t people must be , that sees with the parliaments eyes , in ca●● of such parliaments , as you suppose : and the remedy you prescribe , is worse then the disease ; for take away the freedome of choyce , and the persons chosen are a faction rather then a parliament . ba. . [ it is known that there are mambers of vario●● minds in them all , and sometime , the miscarrying party is so strong , that by a few more voices they might brsng misery o● the common-wealth . ] ibid. mo. this we have found in severall cases upon experiment ; to the ruine of three kingdomes . ba. . [ it is well known that in most parts , the majo●-vote of the vulgar that are chusers are ignorant , selfish , of private spirits , ruled by mony , and therefore by their landlords , and other great and powerful men , and withall , they are bitterly distasted against the serious , diligent practice of religion , according to the rules of christ. ] ibid. . [ it is therefore apparent , that if they had their liberty , they would chuse such as are of their minds ; and it was by providence , and accident that heretofore they did not so . ] ibid. mo. here 's a compendious model mr. baxter of your project [ for the due regulation of the electours , and elections of parliament ] thes. . first , you propound to take away from the people of england , their ancient , and undoubted right of chusing their own representatives . . to unqualify all the nobility , gentry , and commonalty of the land that are well affected to the government of church and state. and ly . to pack a faction under the name of a parliament of your own leaven . or if that will not doe , 't is but employing the rabble again to give the house a swinging purge , and you are at your journeys end. proceed . ba. . [ it is certain , that the wars , the change of church-government , and forms of worship , the differences of religious men , and the many sects that have lately risen up among us , and the strict laws of parliament about the lords day , &c. and specially their taxes , have deeply discontented them , and exasperated them against such as they think have caused these , so that many would now purposely design their ruine . ] ibid. in fine , [ without regulating elections , what probability is there , but the next that is chosen by a majority of votes , with absolute freedom , will undoe all that hath been done ; and be revenged to the full on all that were so odious to them , and settle our calamity by a law ? mo. this is a more candid account mr. baxter , then you intended it . for the people may well be allow'd to have cursed the authours of those bloudy broyles ; the prophaning of our temples ; the suppressing of our church-government , and liturgy , the propagating of so many sects and schisms ; and bringing the nation to grone under their taxes , like the asse under the burthen . but how is that the peoples representative , that shuts the people out of the election , and acts both without , and against their consent ? the tenth part of this encroachment upon the common liberty , from the king , would have been cry'd out against , as arbitrary and tyrannicall . but what way would you direct for the limiting of the qualifications ? ba. [ let all pastors in england , that are approved , have an instrument of approbation , and all that are tolerated , an instrument of toleration ; and let no man be a chuser or a ruler that holdeth not communion with an approved or tolerated church , and is not signify'd under the pastors hand , to be a member thereof . ] thes. . mo. a most excellent invention to advance the empire of presbytery , and enslave all other degrees and perswasions of men whatsoever . ba. [ the humble petition and advice determineth , that under the penalty of a thousand pounds , and imprisonment till it be paid , no person be elected and sit in parliament but ] [ such as are persons of known integrity , fear god , and of good conversation . they are sworn also for fidelity to the protector , &c. ] a more excellent act hath not been made , for the happynesse of england , concerning parliaments , at least , since the reformation . ] ho. com. . . mo. but what is it that you mean by this known integrity ? or who are to be the iudges of it ? i take that man that publickly sacrifices his life , his fortune , his family , and his freedome to the service of his prince and countrey , according to the law , to be a man of known integrity : and him that acts in opposition to the law , and to his duty , to be clearly the contrary . i take the publican , that smites his breast , and crys , lord be merciful unto me a sinner ; to have more of the fear of god in him , then the pharisee , that prays in the market place , and thanks god that he is not as other men are : and i take him to be of as good a conversation , that submits quietly to the rules of the government ; reverences authority , and contents himself with his lawful lot , as he is that values himself upon out-braving publique order , reviling his betters ; living upon the spoil , and devouring the bread of the oppressed . what would you say now to the turning of the tables , and setting up of your qualifications on the other side ? and to the kings excluding of the non-conformists by an oath of fidelity to himself , as your richard [ excluded delinquents in the late eections . ] ho. com. p. . [ so that the people durst not go according otheir inclinations . ] ibid. but why do i argue from your practises , when your positions do naturally leade to the same undutyfull ends ? ba. [ my dull brain could never find out any one point of difference in theology , about the power of kings , and the duty of obedience in the people , between the divines called presbyterians , and episcopal . if you know any , name them me , and tell me your proofs . r. b's . letter to mr. hinckly , ] pa. . ri. 't is a confounding of your metaphysicks methinks with your politiques , to talk of points of theology , in matters of civil power and obedience ; without distinguishing between our credenda and agenda , notion and practice ; supernaturall truths and moral duties . and why [ the divines called presbyterians ] and not rather the presbyterian divines ? for they are not all , presbyterians , that are so called ; and there 's a great deal of difference betwixt the principles of presbyterian divines , as presbyterian , and the 〈◊〉 of those very presbyterians , as they are range● und●r ●he b●nner of a civil interest . but over and above all thi● , you have carry'd it a great deal ●oo far , to say that the episcopal , and the presbyterian divines hold the same principles in the point of king and subject . you sh●uld rather have acknowledg'd ▪ the disagreements , and maintain'd the p●i●ciple . we hold , . [ th●t the parliament by the constitution , have part of the sovere●●●t● . ] ho. com. pa. . [ . that the sovereignty is joyntly i● k●●g , lords and commons , as three estates . ] . [ . the parlia●ent have a power of enacting laws as well as of ●roposing them . ] pa. . whereas the episcopal party prono●●ce the sovereignty to be only in the king ; . they assert the kings sole supremacy in all causes , and over all persons , whatsoever as well ecclesiastical , as civill , and . that the two houses have no share at all in the sanction . we hold likewise that it was treason to resist the parliament , as the enemy did , apparently in order to their subversion . ] ho. com. . [ that the parliament was the highest interpreter of laws that was then existent , in the division . ] ibid. and so we find that every step of the parliamentary war was iustify'd by the assembly , and the whole current of the presbyterian-divines : the episcopal clergy vnanimously declaring themselves to the contrary . who but the assembly july . . in the names of themselves and others , to call for the execution of iustice , on all delinquents ? husband d . vol. of collections , . and who again , aug. . . but the divines of the assembly that are re●iants of the associated counties , and now attending the assembly , are desired to go down into their several counties , to stir up the people in those severall counties , to rise for their defence . ] ibid. . so that in the main , we differ upon the very constitution of the government ; the power of the prince , the duty of the subject , and upon every point of the parliamentary war : and we are no lesse divided upon the scheme of forms , and ceremonies . ba. [ prove that i or any of my acquaintance ever practised ejecting , silencing , ruining men for things unnecessary ; yea or for greater things . whom did we ever forbid to preach the truth ? whom did we cast out of all church-maintenance ? whom did we imprison ! ] r. r's . answ. to dr. stillingfleet . pa. . ri. you forget your self brother : and i am for speaking the truth , though i shame the devill . pray look into mercurius rusticus his accompt of the london clergy that were ejected , silenced , and ruin'd by order of parliament : see his querela cantabrigiensis , for the heads , fellows , and students , of colledges , that were there ejected , plunder'd , imprison'd , or banish'd for their affections to the king , and the establish'd religion . consider th●● you your self took the liberty to graze upon another mans past●re : and all these violence were carry'd on by your encouragement , influenced by your approbation ; and the principal directors of the● , extold to the skyes , as the [ best governours for wisdome a●d holynesse , ] ho. com. pref. under the cope of heaven . ba. but however , [ either they must prove that we hold rebellious principles , or they shew that they do but in plot accuse us . ] i know very well that [ the transproser rehearsed , pa. . saith mr. baxter in his holy common-wealth mayntainteth that he ( the king ) may be called to account by any single peer . ] [ must we say nothing to such bloudly slanders ? never such a thought was in my mind , nor word spoken or written by me . but ▪ all is a meer false-fiction : nay in all the times of usurpation , and since , i said and wrote , that the kings person is inviolable , and to be judg'd by none , either peer , or parliament , and that it is none but subjects that they may call to accompt , and judge , and punish ; and that neither the king may destroy or hurt the kingdome , nor the kingdome the king , ( much lesse a peer ) but their union is the kingdomes life . and the very book accused , goeth on such principles , and hath not a word meet to tempt a man in his witts to this accusation . judge now by this one instance , and by the cry of the plotters now against us , [ catilina cethegum , ] seeking our destruction , and the parliaments , as supposed to favour us ( which for ought i know never did any thing for our relief , or ease ) whether it be meet , that i should dye in silence under such horrid accusations : against which i appeal to the great and righteous judge , before whom i am shortly to appear , begging his pardon and reforming conviction whereever i erre . ] apr. . . non-con . plea , d part. preface . last page . mo. be not so transported mr baxter at the bloudy slander , as you call it : for the very excusing of your self after this manner , falls heavier upon you , then the accusation it self . there was a gentleman of a good family , that had stol'n a silver-spoon ; and it was layd home to him , as a mighty aggravation of the crime , t●at a man of his quality could let himself so low , as to pilfer for such a trifle . ay sir , says he , you say very right , if that had been all ; but in good faith sir , my aym was at the great tankard , if it had been a single peer , it had been indeed a bloudy slander ; but your ayme was the calling of the king to an account , by the authority of the two houses . and then you are pleased to blesse god for the next change that call'd them to account too : for you give the two vsurpers much better words , then any you could afford to the lords annoynted . you call them the higher powers , and enjoyn obedience to them upon the pain of damnation ; which is a favour you would never allow to his late majesty . any government but the right will down with ye , and still that which was a rebellion in the enterprize , proves to be a providence in the execution . but do you say mt baxter , that you have allways asserted the kings person to be inviolable , &c. and that the very bo●● accused goeth on such pronciples ? why then it is no hurt to the king , to be assaulted , despoyl'd of his regalitys ; deposed , imprisoned , try'd , condemn'd and executed . for the king you say is but a title of respect , not a character of power : a nominal , empty businesse . a kinde of dignity , party-perpale , half-prince , half-subject ; and 't is but taking him on the popular side , and you may do what you will with him . this is the chimera of a prince , according to your aphorismes : a kind of mock-majes●● set up , for every seditious libertine to throw a cudgell at . you make his authority to be so conditional , and precarious , that he is upon his good behaviour for his crown . if his administration be not answerable to the ends of government : if he wants either power , or money , or grace , or vnderstanding ; or ( which is worst of all ) if the licentious rabble will but say , that he wants this , or that , hee 's gone , and deposed , ●pso facto , as an unqualifi'd person . for according to your thes● , the multitude are to be the judges of these incapacities ▪ i● is a hardy adventure , m. baxter ( unless you can make alm●nacks ) to set up such positions as these , at this time of day . 't is true , they were printed in fifty-nine , but they are no● resum'd , and avow'd in eighty . but your patience yet a little further sir. is it such a horrid accusation , to say that mr baxter m●i●tains the king , may be call'd to account by a single peer ? cons●der first , that it is a church-man charges it upon you , and yo● are before-hand with him : for you have over and over , set forth those of the church-way ( without exception either of king , lords , or commons ) to be a crew of superstitious , form●l , prophane wretches that out of a meer enmity to godlynesse , set themselves in opposition to the ways of christ. take notice again , if you have not deliver'd the doctrine aforesaid in expresse termes , it is already made appear that you have said as much as that amounts to . and over and above the whyms●● of your aphorismes ; your thirteenth chapter , of the late wars is one of the rudest and the falsest pieces of calumny against the late king , that i know anywhere extant . your appeal upon this one instance ( as you call it ) for equity of iudgement , and liberty of speech , would move the very stones in the walls , to give you a hearing . and yet if , i had been of your counsell mr. baxter , you should have bethought your self , before you exclaim'd , whether the enquiry into the subject-matter of your complaint , might not possibly lay open something that was worse , as undoubtedly it has ; for this holy commonwealth of yours , is a kind of ( send me well deliver'd of the word ) a kind of theologico-political whole-sale shop ; and furnished with cases , of all sorts and sizes . for the consciences of the weak , and the pretentions of the malitious . in one case , the king is dispossest by providence ; in another , he is deposed for incapacity ; in a third , he must not so much as dare to return , even if the door wer set open to him : in such or such a case , the people are bound not to re-admit him ; and in such another , they may if they please , but they are not oblig'd to 't : and every one of these cases , calculated for this very poynt , which was at that time in agitation . insomuch , that the application of your arguments was yet more criminal then the errour of them . but what do ye mean , i beseech ye , by the cry of the plotters against ye ? as if they knew their friends no better then so. their business is the subversion of the government , and of the protestant religion , that falls with it . what should they cry out for against the separatists , that are all this while , doing the papists business to their hands ? the kings wittnesses speak no such matter ; but on the contrary ; that the priests and jesuits make use of the schismatiques toward our common ruine . so that by plotters in this place mr. baxter , it is intended ( i presume , ) according to your wonted benignity ) not the popish plotters , but the episcopal plotters against ye ; which ( as you would gladly have the world to believe ) seek your destruction , and the parliaments , as supposed to favour ye &c. now to my thinking , the parliaments destruction , and ours , would have run every jot as well , as our destruction and the parliaments . beside that it is not yet come to that pass i hope , that parliaments , and schismatiques , must stand or fall together . neither can i imagine why this parliament should be suppos'd more inclinable to favour ye , then former parliaments have been . the reasons for vniformity are the same now that ever they were ; and the same , here , as in other places . and then the boldnesse , and importunity of the dividers encrease the necessity of the injunction . if you have forgotten the common votes , and addresse of feb . . upon this subject , pray let me remember you of them . resolved , &c. nemine contradicente . that the humble thanks of this house , be returned to his majesty , for his resolution to maintain , the act of vniformity . resolved , &c. that it be presented to the kings majesty , as the humble advise of the house , that no indulgence be granted to the dissent●● from the act of vniformity . for these reasons . . it will establish schisme , by a law , amd make the 〈◊〉 government of the church precaeious , and the censures of it , of no moment or consideration at all . . it will no way become the gravity or wisdome of a parli●ment to passe a law at one session for vniformity , and 〈◊〉 the next session , ( the reasons of vniformity continuing still the same , ) to passe another law to frustrate , or weaken the execution of it . . it will expose your majesty to the restlesse importunity of every sect or opinion , and of every single person also , who shal presume to dissent from the church of england . . it will be a cause of encreasing sects , and sectaries , 〈◊〉 numbers will weaken the true protestant religion so far , th●t it will at least be difficult for it , to defend it self against the● . and which is yet further considerable , those numbers which by being troublesome to the government , find they can arrive to 〈◊〉 indulgence , will as their numbers encrease , be yet more troub●●some , that so at length they may arrive to a general toleration ; which your majesty hath declar'd against ; and in time , some pre●●lent sect , will at last contend for an establishment , which for 〈◊〉 can be fore-seen , may end in popery . . it is a thing altogether without precedent , and will take away all means of convicting recusants , and be inconsistent with the method , and proceedings of the laws of england . lastly , it is humbly conceived , that the indulgence proposed will be so far from tending to the peace of the kingdome , that it is rather likely to occasion great disturbance . and on the contrary ; that the asserting of the laws , and the religion established , according to the act of uniformity , is the most probable means to produce a settled peace , and obedience throughout your kingdome : because the variety of professions in religion , when openly divulged , doth directly distinguish men into parties , and withall gives them opportunity to count their numbers ; which considering the animosities that out of a religious pride will be kept on foot , by the severall factions , doth tend directly , and inevitably to open disturbance . nor can your majesty have any security , that the doctrine or worship of the severall factions , which are all govern'd by a severall rule , shall be consistent with the peace of your kingdome . and if any persons shall presume to disturb the peace of the kingdome , we do in all humility d●clare , that we will for ever and in all occasions , be ready with our utmost endeavours , and assistance , to adhere to , and serve your majesty , according to our bounden duty , and allegiance . only one word more : and that must be to tax you with infinite ingratitude ; in saying , that [ parliaments , for ought you know , never did any thing for your relief or ease ] what do ye think of the act of indemnity , i beseech ye ? was it nothing ? to give you your lives , liberties , and estates again , when all was forfeited ? nay and it is come to that point now too ; that those very instruments that were forgiven by the king , for the ruin of the church and three kingdoms , will not at this day forgive his majesty , for endeavouring according to the advice of his parliament , to re-establish and preserve them . ri. if you would understand us aright , you must repair to our [ declarations , professions , commissions , national oaths and covenants , ] and the like . ho , com. pag. . and pray observe the tenor of our stile , addresse . protestations , and other proceedings . [ your majesties most humble , and loyal subjects , the lords and commons , dec. . . [ most humble and faithf●●● subjects , ] dec. . [ most humble and obedient subjects , ] exact collections . ●a . . mo. and now put that libellous remonstrance of dec. . in the scale against three or four words of course , of the same date . ri. the knights , citizens , and burgesses of the house of commons , your faithful and loyall subjects , &c. ibid. pa ▪ . dec. . . mo. this was a message to his majesty for a guard , which the king most graciously offer'd them , but one of his chusing it seems would not do the businesse . ri. [ your most faithful and obedient subjects , the lords and commons in this present parliament . ] &c. ibid. pa. . jan. . mo. they petition'd to have the tower of london , and all oeher forts , and the whole militia of the kingdom to be forthwith put into the hands of such persons , as both houses should recommend , &c , ex. coll. jan. . . and what did his majesty now get by the complement ? ri. [ your humble and loyal subjects , the lords and commons , ] &c. ibid. feb. . . pa. . mo. his majesties humble and loyal subjects , are pleas'd to declare in this petition ; that if the king does not instantly grant them their petition about the militia , they are bound by the laws of god and man to take the militia into their own hands . ri. your majesties most loyal , and obedient subjects , the lords and commons ; ] &c. ib. mar. . . pa. . mo. in this petition they threaten to dispose of the militia by the authority of the two houses . they order his majesty where to dispose of his person : and absolutely deny the kings pow●● of the militia , but by authority and consent of parliament . ri. your most dutyful and loyal subjects , the lords and commons , ] &c. ib. . apr. . your majesties most loyal and faithful subjects , the lords and commons , &c. ] ib. apr. . . pa. . mo. very good ! and the former of these was for leave to remove the magazin at hull , to the tower of london : and the other was to divert the king from going into ireland to supptesse the irish rebellion : ( which had certainly been done ) and to tell him , that if he went contrary to the advice of his parliament , they were resolved , in his absence , not to submit to any commissioners he should appoint : but to preserve , and govern the kingdome by the counsell and advice of parliament . ] &c. ri. your majesties loyal subjects the lords and commons in his parliament . ] ibid. . may . mo. here his majesties loyal subjects presse the king to disband his troops at york , or otherwise they 'le take the quiet of the kingdome into their own care. and passe these following votes . resolved upon the question . . that it appears that the king ( seduced by wicked counsells ) intends to make war against the parliament . &c. . that whensoever the king maketh war upon the parliament , it is a breach of the trust reposed in him by his people , contrary to his oath , and tending to the dissolution of this government . . that whosoever shall serve , or assist him in such wars , are traytors by the fundamental laws of this kingdome , and have been so adjudg'd by two acts of parliaments , and ought to suffer as traytors . ] &c. ri. your majesties most humble and faithful subjects , the lords and commons in parliament . ] &c. ib. jun. . . pa. . mo. this was the petition that accompanied the nineteen propositions : demanding from the king [ the discharge of all his ministers and embassadors , and none to be taken into their places but what the parliament shall approve . that all matters of state may be transacted only in parliament ; the privy counsell to be by them approved from time to time and supply'd . all great officers to b● chosen by their approbation : they to have the education of the kings children , and the choyce of their servants . no ma●ch to be treated of without them . a reformation of church-government and liturgy to be contrived by their advice : the militia to be settled in them till settled by a bill ; and all proclamations against it to be recalled . new oaths for privy councellors , and iudges . all iudges and officers to hold their places , quamdi● se bene gesserint : parliament-iustice upon all delinquents . an amnestry with such exceptions as the parliament shall advise . all forts and castles under gouernours approved by parliament . all forces to be disbanded ; and a prohibition of any peers hereaft●● to be made , from sitting or voting in parliament , without the consent of both houses . ] are not these the propositions think ye , of most humble and faithful subjects ? ri. yo ur majesties loyal subjects , the lords and commons in parliament , ibid. sept. . . pa. . mo. his majesties loyal subjects had now sent the earl of essex to fall upon the kings army , and desired his majesty to leave them and come to his parliament : and they petition'd his majesty to the same purpose again . pa. . and so as the humour took them , to the very treaty at the isle of wight : but whether these were the actions of rebells , or loyall subjects , be you your self the judge . ri. well , but what say ye to the stile of [ we your humble and loyal subjects of both kingdomes . ] appendix to husbands ex. coll. d. part. fol. . jan. . . mo. these were the humble , and loyal subjects , that , in the same paper , refused his majestys proffer of a personal trea●● with them at westminster . [ your majesty ( say they ) desires 〈◊〉 engagement , not only of the parliament , but of the lord mayor , alderm●n , common-councill and militia of the city of london ; 〈◊〉 chief commanders of sir. tho. fairfaxes army ; and those of the scots army ; which is against the privileges and honour of the p●●liamen● , those being ioyn'd with them , who are subject and subordinate to their authority . at the same rate they proceeded in their professions ; [ they desire only to lay a foundation of honour , safety , and happiness to the kings person and throne . ] ex. coll. dec . . . [ the greatnesse and prosperity of his majesty , and his royal posterity . ] ib. dec. . pa. . [ his majestys greatnesse and honour ] ●b . mar. . . pa. . [ honour and greatn●sse ] mar. . p. . [ honour , safety , and prosperity of your majesty ] mar. . p. . [ we seek nothing but your majesties honour ] mar. . p. . [ the safety of his majesties person , and his royal posterity ] may . . pa. . [ our most dutyfull care for the safety of your royal person ] may . p. . [ for the preserving and mayntaining the royal honour , greatness , and safety of your majesty , and posterity ] jan. . . p. . and then see their remarkable protestation of octob. . . [ we the lords and commons in this present parliament assembled , do in the presence of almighty god , for the satisfaction of our cons●i●nces , and the discharge of that great trust which lyes upon us , make this protestation and declaration to the kingdome and nation , and to the whole world ; that no private passion or respect , no evill intention to his majestys person , no design to the prejudice of his iust honour and authority , engaged us to rayse forces , and take up arms against the authours of this war , wherewith the kingdome is now enflamed ] ibid. pa. . [ without any intention or desire , ( as we do here professe before the ever-living god ) to hurt , or injure his majesty , either in his person , or iust power . ] b. p. . i could give you instances of this kind , without end , and as many , of the gross and unquestionable violations of these professions ; for every order they past , and every ●istol that they fired , was a poynt-blank contradiction , to their pretensions . beside that in the same breath , they usurped all the regalities of the crown , and yet wrote themselves , his majesties most obedient subjects . so that this stile of loyalty was at the same time a blind to the well-meaning multitude , and a note of confederacy among themselves : a loyal subject , according to the covenant , importing , in plain terms , a traytor , in the eye of the law. and yet the cause , and the obligation of this covenant , and the proceedings upon it , are openly asserted at this very day . ba. yes , yes ; there 's the counterminer , the popish dialogue , and many others , that continue lowdly to accuse us , and make men believe that we are plotting a new war , and that our principles are rebellious &c. ] non conf. plea. d part. pref. mo. what do ye think of maintaining , that [ whatsoever the tw● houses declare for law , must pass for law , without controul , both upon king and people ] ex. coll. . [ that they may do whatever they please ] ibid. [ that the major part of both houses are the absolute masters of the lives and liberties of the subject ? ] ibid. [ that no member of the house of comm●ns be medled with for treason , felony &c. without leave of the house . ] ibid. [ that th● s●v●reignty resides in the two houses , and that the king has no neg●tiv● voice ] ibid. that there lyes no treason against the person of the king. ibid. [ that the two houses may depose the king and not be blame● for so doing . ibid. now in calling those people that did all this , [ the bell governors in the world ] as in the preface to your holy common-wealth : and in vindicating that book , from any principles of disloyalty toward the person of the king , as you do , toward the close of your preface as to the d. part of the non-conformists ple● apri . . . what is this , but the asserting of rebellio●● principles ? and the preaching of the old doctrine to the people over again , what is it but the preface to another war ? ba. [ what have we done these twenty years against the king or state ? unless it be our crime to live under reproach , and scorn , and poverty . and sometime imprisonments ; and never once so much as petition a parliament , either to pitty us , or to hear us once speak for our selves &c. ] ibid. if any odd persons , or whosoever have said or done any thing against the king or kingdome , or their neighbours right or peace , or have been guilty of any fraud , drunkennesse , perjury or immorality besides their vnavoidable non-conformity , let them be punisht as the law requires , but let not the innocent , yea thousands be slandered , and designed to destruction for them. ] ibid. mo. if you speak of the nonconformists , they have justifi'd , from sixty to eighty , all the indignities that were put upon the government , from forty , to sixty : and there is not any one seditious , or schismatical principle of the old stamp , which they have not afresh , reviv'd , and recommended to the people . and for the moderation you boast of , i dare be answerable to produce almost as many hundreds of clamorous libels against a●thority from the dissenting party , as you reckon years of silence , and forbearance . but these are odd persons you say ; and so is every dissenter in the kingdom : for ten millions of men , are but as so many individuals , when disencorporate , and l●pp'd off from the body . if i durst be so bold sir , i should venture to say that mr. baxter himself is one of the oddest persons that i know in the whole party . you have first , a perswasion , to your self ; for you are neither a presbyterian , nor an independent , nor an anabaptist , nor of any tribe of the division that ever yet had a nam● to be known by ; but a pure original , and a ●●ristian of your own making : you have secondly , as peculiar a conscience too ; that had rather leap a precipice , then keep the kings high-way . it rises and falls like a weather-glasse , upon change of ayre : and makes st. paul blow hot or cold at pleas●re : [ let every soul be subject to the higher powers ] requires obedience to dick cromwell , upon pain of damnation , and disobedience to charles the first , upon the same penalty , ( as we have had it already . ) and then you have this further advantage , sir , that you are your own king , and your own pope ; you prescribe your own laws , and grant your own pardons . ba. you may prate as long as you will. [ i am against the imposing of mystical ceremonies , as crossing , or surplice ] &c. five disp. pa. . [ for to impose new symbolicall rites upon the church , which christ hath not imposed , doth seem to me an vsurpation of his sovereign power . ] ibid. [ and to accuse christ of ignorance , or negligence , in that he himself hath not imposed them . ] and so doth it imply an accusation of his laws , and of the holy scriptures , as if they were insufficient , ] ibid. . [ and these impositions seem to be plain violations ●f these prohibitions of god , in which we are forbidden to add to his worship , or diminish from it . ] . and moreover ; [ god hath allready given us so perfect a directory for his worship , that there is nothing more that we can reasonably desire . ] ib. . ri. now for my part , i am for the amiable way . [ christians should not be over-busy in prying into the work of their governours ; nor too forward to suspect their d●terminations . ] [ the duty of obeying them being certain , and the sinfulnesse of the thing commanded , being uncertain , and unknown , and only suspected ; we must go on the surer side . ] ibid. . [ in disobeying the lawfull commands of our superiours , we disobey christ. ] ibid. . beside that [ disobedience in matters of circumstance , will exclude , and overthrow the substance of the worship it self . pa. . postscript , to the reader mr. baxter has certainly given , in this extract , the 〈◊〉 blow to the non-conformists that ever they 〈◊〉 for there are no arguments against that party like their 〈…〉 against themselves . to the clearest evidences of 〈◊〉 , and reason , they 'le oppose clamour , and passion ; 〈◊〉 make a shift to wriggle themselves off and on , with 〈◊〉 drawn texts and riddling distinctions . but when the very 〈◊〉 of that interest comes to play fast and loose , and shift 〈◊〉 conscience with the season , the masque is then taken off ; 〈◊〉 there can be no denyal of the fact , so there can be no 〈◊〉 the hypocrisy . how comes toleration to be a sin , under 〈◊〉 presbyterians , and a duty under the bishops ? how comes it 〈◊〉 be damnation , in the case of the late king , and richard 〈◊〉 well , to obey the former , and destroy the latter ? even 〈◊〉 to mr. baxters own exposition , which is , that by st. 〈◊〉 higher powers , is intended those in actual poss●ssion ? how 〈◊〉 bishops to be antichristian , at one time , and warrantable at 〈◊〉 ? or the civil magistrate to have more power in 〈◊〉 matters , under an vsurper , then under a lawful 〈◊〉 how comes an episcopal vniformity to be more a persecution 〈◊〉 a presbyterian ? or a common prayer-book more intolerable 〈◊〉 a directory ? what can more expose the credit of the 〈◊〉 then this double-dealing in the foreman of the party ? to 〈◊〉 mr. baxter lye down in one opinion , and rise , in another ▪ 〈◊〉 accomodating his scruples to every crisis of state ? and consummate the iniquity of the pretense ; he has no soone● veigled the people into a schisme , but he presently 〈◊〉 with a plat-form of sedition : and having wrought a 〈◊〉 from the ecclesiastical , he falls to work , in his cases and 〈◊〉 , upon the foundations of the civill government . the end. notes, typically marginal, from the original text notes for div a -e the proposition at the savoy about the command of lawful superiours . richards resolution ●●●●er his hand . baxter of another opinion . many commands anlawful which the subject ought yet to obey . no rule● is bound ●o provide against events not to be foreseen . magistracy cut off at a blow . the civil power must not make laws about gods worship . but baxter says , that circa sacra he may . richard and baxter still at variance . richards account of the savoy-conference . vshers primitive episcopacy offer'd , but rejected , the english episcopacy submitted to by richard , &c but held antichristian and diabolica● by baxter . richard and baxter never 〈◊〉 ●e reconcil'd . the ground of a.b. vsher project of episcopacy . many would have yielded to prelacy , &c the diocesan episcopacy gratifies the devil , says baxter , and not to be re-admitted . r. and b. still clashing . the new uniformity spoil d all . prelacy unlawful in it s●lf says baxter . why not prelacy as ●awful after the act , as before ? it is the same case still to the people . hard thoughts of epi●copacy and bishops , and upon what groun●● a gr●●ter scandall to tr●vell upon the lords day then to give theking ba●●le . richard confesses that the mini●ters gu●ded the peo●le ▪ and says that the non-conformists undertook for the next bishops good behaviour . the quarrel not to the office of bishops but to the persons . richard● reasons why the people sell from the chu●ch again the uniformi●y made episcopacy and common-p●ayer unlawf●ll . 't is the law that silences , an● not the bishops . non-conformists silence themselves . berter particulars suffer then 〈◊〉 order o●●●vernment be dissolved . richard ag●ees with dr ▪ reynolds 〈◊〉 conform'd . richard pleads altogether for love. ba●ters way of e●pressing . ●ichard against rash ●●nsuring 〈…〉 . baxter ag●inst rich●rd mr ba●ters cha●ity to the clergy and discip●ine of ●he chu●ch his brotherly love. church ann state arraign d. richard and baxter of two quite different spirits . the persecuted are the perssecutors . be sure first of what spirit ●he non-confo●mists are . the spirit of the non-conformists . his late majesties judgement & experience upon it . the spirit that richard pl●ads , ●or . richards ●oleration . who are the judges , the government , or the people . modest dissenters deserve pity . the dispute is not scruple but power . plain ▪ dealing . richard puts the case of a saint and a schismatick . baxters saints baxter sully resolved to go to them that dy'd in rebellion . he joys to think what company he shall have . baxter says , that professors will rail , and lye , &c. but that neither perjury , drunkennesse , incest , concubines , nor idols , can make them dotoriously ungodly . the saints that are cast out for hereticks . either tolerate all or none , but upon a penalty ▪ no men must be tolerated , if no errour . baxter shews the inconveniences of toleration . pride makes one mans religion . faction anothe●s . which ends in bloud . and yet pass●● for doing god good service . and the motion of the spirit . enthusiastick ▪ zea● ▪ dotage●●a●en fo● re●elations . scripture the ru●e . but who must expound it ? one mans faith must not impose upon anot●ers . mistake will not justifie the errour , nor ex●use a disobedience . men will be zealous even in errour . more zeal then understanding is not good . none so fierce and bold as ●he ignorant . even teachers themselves are false guides . m● . baxter himself has been mistaken ▪ ill luck with his aphorisms . how richard was wheedled in . i. e. he was reconci ' d to the church . richards best christians found to ●e schismaticks . great m●n misled , and why not 〈…〉 . believe not every spirit . t●e dissenters cause is still gods cause . their false prophets . t●e kings death directed by a revelation . sedgwicks day of judgment . vavas●r powe●s prophecy of no more kings or taxe● . rather the law of the land then the humour of the people . a fear of sinning ought to be cherished , even in a mistake . dangerous trusting to scruples . who would have thought it ? th● episcopal clergy . simeon and levi. o the force of a misguided con●cience ! the very case of the seduced mu●●i●ude . the name of libe●ty does mo●e ●●en ●he conside●atio● 〈◊〉 heaven it self . baxt●r against liberty . and toleration . liberty the way to set up popery ▪ mr. richard an improper advocate for toleration . richard is a conformist . mr. baxters sermon that brought the king in . presbytery for the lords sake oh the happy times when presbyterians rul'd . have a care of scandalous inventions . the ignorant church-tyrants . richard not absolutely against the cross. ●axters a loyallist . errour is no e●cuse for disobedience . the pre●eoce of natu●e , and true reason avoids ●ll law a popu●ar fallacy . the presby●eri●n way of b●in●ing in ●he king. richards challenge , in justification o● the non-conformis●s . the non-conformists charge . a presbyterian defin'd . presbyterians swallow ap all othe● sect● at ●irst , and t●en sp●w the● up ag●in . richard say● that the episc●pal m●n b●gan ●he war. t●e two hous●s , lord ●ieu●e●●n●s . o●●ic●r , civil and mi●i●●●y , assemb●y 〈◊〉 divine● , a●m●st all episcop●l m●n . the kings ●●gag'd enem●●●●ere all 〈◊〉 . 〈…〉 the parliament b●ought in the scots . few worthier assemblies since the apostles days . their good na●u●e toward the independents . the guild-hall ha●●ngue● 〈◊〉 brought in the scots . his majesties proclamation against the assembly of divines . jun ▪ . . painful , able , laborious ministers . the loyall presbyterians . the 〈…〉 . kings proclamation . a dutiful proposition . the worthy 〈◊〉 . the 〈…〉 an abuse put upon the nation . an extract of par●iament proceedings . the assembly stir up the people to rise . prov'd to he a presbyterian war. richard says , the war began about religion . baxter says , it began about matter of law. richard says , 't was about the militia . baxter says , the war was made for reformation . a lewd scandal upon the late kings government . r●c●ard will not allow of war ●ot religion . baxter i● for a re●igious wer. they are fools that think ●ther 〈◊〉 . in ca●● o● p●r●secuti●● we figh●●or our own , and our pos●eri●●●●●al●ation . the late kings s●ffe●ings forgot en among g●eater 〈…〉 . pryn , burton , and bastwick lamented , but not a word ●f the royal mar●yr . presbytery not setled , say● rich●rd . baxter contradicts hi● , and co●fo●●s himsel● with comparing 〈◊〉 day of richard p●otector wi●h charle . ● . ten 〈◊〉 hypocrites now 〈◊〉 one 〈◊〉 baxters comp●e●en● to the sons of the 〈◊〉 . richard cromwells fait●full subiects . mr. baxters , political aphorismes composed expresly to keep out the king. poor r●chard like 〈…〉 and pr●ying again●t the scots . the spirit of malignity has taken 〈◊〉 the army . the presbyterians per●ecuted . the presbyterians journey-men ( the army ) se● up for themselves . somewhat of an accomoda-generosi●y in the independents . the poor presbyterians persecuted by the army , for not joyning against the scots . oh the persecution o● forcing men against their conscien●es . but so long as ●hey do not suffer as evil-doers . no persecution to oppresse the church and all that love it . mr. baxt●r places the crown upon the wrong head. the king destroy'd by presbyterians , as presbyterians . the loyalty of ●axters orthodox sober ministers . richard subject to the higher power , but not resolv'd which it is . an even score of orthodox sober divines . the last kings bloud not valu'd at a ceremony . ☞ the kings murther justify'd the day after it was committed . all christian kings anti-christianiz'd ▪ ☜ a reflection upon ●is majes●y a●●er his de●e●t at wo●cester . prelacy anti-christian . a pedant triumphing over charles the ii. and monarchy it self . and calling the king tyrant . are these fit agents for unity and peace ? richard true to the king , but he mistook the king. baxters re●stauration sermon . asserts the presbyterian loyalty . makes the king a subject , and worse . pleads for presbytery , without a word of restoring the king. the war rais●d for king and par●ia●ent . their oaths & covenants were fast and loose at pleasure . the pretext of the war , religion ; the cause , ambition . the loyal presbyte●ians usurp sovereign power . the two houses were the king in the covenant . no reconciling of the covenant king & the legal . richard holds oaths to princes to be dispensable baxter holds oaths of allegiance to be indispensable . richard will hate the covenant binding as it is a vow . the league and covenant and vow and covenant . the league and covenant impos d. baxter is his own on●essor ●nd bsolves himse●f . the covenan● for the king , qualify'd for re●igion . if the king be against religion the covenant is against him . richard lays the death of the king to oliver . the baxterians attack'd the king. and they fough● to kill . baxt●rs unfeigne● repen●ance . mr. baxter consulted the word of god about opposing the king. mr baxter would be the same man if another king were to be depos'd and murthered . mr. baxter very cautious of treason against the two houses . baxter fails foul upon richard . the moderator interposes baxter vindicates oliver . a prudent , pious , faithful prince . baxter prays that richard cromwell may ▪ inherit the piety of his father . the presbyterians disarm'd the king , and the independents kill'd him . baxter repen●s , and then ●epents of his repentance . baxter thanks god for his blessings upon this nation in consequence of the rebellion . the blessed difference betwixt the government of the late king , & of cromwell baxters comfortable effects of a civill war. the blessed times we had till the army got the better of the two houses london-ministe●s letter to the lord-general . ian . . the armies crime wa● the opposing of the parliament , and imprisoning t●e king without leave . only a s●izure of the kings person . but an vnparall●l'd violen●e upon t●e members of the house . being men of eminent worth and in●eg●ity . a factious re●nant , th● magistra●es which god h●t● set ove● us . the london· ministers mediation little lesse then treason . gods ordinance violated when magistr●cy is oppos'd . the divines fear ull of opposing god , in an ordinance of the two houses . none of these scruples in the case of the king. th● presbyterians ●rue to the faction from the beginn●ng . the standard of the presbyte●ian loyalty why not as tender of a breach of trust , according to law , as against it ? there was no intent to divest the king of hi● legal right . but he had a righ● to nothing then , for t●e●●ook all away . the presbyterians ●ell us they are no jes●it● . not one word for the king in the whole letter . the army in gods way w●ile they joyn'd with the presby●erians . sworn to preserve his majesties· perso● and priviledges of parliament . w●o absolv'd the presbyteri●ns of their former oaths . if baxt●r had serv'd the king he had been a traytor . baxters holy com. wealth , to ●e taken as non-scriptus . a sh●ft , not a recantation . for the apho●isms ●ere ●e●el'd directly against the king. ba●te●● recantation . a repentance that will passe neither upon god , nor man baxter re●sons why his repen●ance is not particular mr. baxters pi● fraus . a jesuitism . for fear of too much or too little , mr. ba●ter confesses just nothing at all . mr. baxter proceeds in ●is repentance he ever opposeth what he sometimes encouraged . a baxterism . ●'s very repentances are calumnies . he repents and relapses in the same breath . prophanness in habit , and in conspiracy a covenanting prophannesse worse then a personal . he repents that he did not advise with lawyers . an invidious refle●ion upon hooker . jesuitical dodging ▪ why could not hooker set him right to the church , as well as wrong to the state. hookers popular po●er nothing to co-ordination . baxters writings a●e a direct satyr upon government . b's quarrel to the visible church . the reasons of b's unkindness to the visible church ▪ he makes dissenters the invisible church and conformists the visib●● . presbyterians began the war a state faction as well as a schisme . b's implicite repentance . b's account soon cast up . a general particular repentance . rebellion and peevishnesse . b. repents of being too mealy-mouth'd . a repentance wi●hout a confession . and an abuse upon both parties . mr. baxter's test. mr baxter's challenge . richard takes him up and proves him guilty as ●o the kings person . an opposer of the kings power . and the fundamental constitution . he acknowl●dgeth the protectors soveraignty . and blesseth the providences that brought richard to the government . richard had his principles from baxter . baxter make● the protect●rs title as good as the kings . baxters addresses to richard protector . ba●ters resolution in ●●ree cases , expresly to keep out the king. baxters incapaci●ies for government . dominion is founded in grace . want of power deposes a prince . a case against his majesties ●estauration . cases of forfeiture . baxter asserts obedience at all hazzards . baxter against the king though the parliament had been in the wrong . ● . does n●● love to rub old sores . neutrality a sin , and treachery ●o serv● the king. t●e praying rebels against the loyall damme's . a just way of deposing a king imply'd . a parliament may betray their trust . tho a prince be injur'd , the people may joyn with his enemies . no obedience due to an usurper . usurpr rsmust be oppos'd they have no true power . who are usurpers . the people to be judges . the people may mis-judge . baxt. laments the losse of the late rule●s . sworn , and sworn , to king lords ●nd commons . the lords & commons rule alone , and ●he government not changed . baxter charg'd wi●h con●radiction . the higher po●ers 〈◊〉 the gove●nor● in possession . 't is not th● n●me th●t makes the king. the peop●e judges of the king and o● the law. seize the kings revenue , and ●e is no longer a king. inferiour magistr●tes still subje●●s . richard e●er true to t●e crown . the law of natu●e i● above the law of the land. modest subjects study their own duty not t●e kings . sovereign power not to be re●tr●ined by t●e people . the multitude no judges of government . the seclu●ed members and the ●wo cr●mwells t●e be●t governors . rebellion to oppose the s●preme rulers . the par●iame●● to●d us our danger . and we we●e b●und to 〈◊〉 with their eyes ▪ theking himsel● opposed and baxte● ●e●o●ved to jus●ify it . a fundamental de●troy'd . baxter defends it . parliaments may be corrupt . instances of parliamentary co●ruptions . votes may be c●rried by faction . a● appe●rs to our cost . the major part of electors are ill me● . and will chuse others like thems●lves . baxter's model for reg●lation of elections . the peoples right of election taken away by partial qualifications . a faction packt under he name of a parliament . the people are disoblig'd , and not trusted with chusing their own representative . the peo●le sick of their representative . the pastors to approve of the electors . the empire of presbytery . the petition and advice concerning elections . baxters admirable expedient . ☞ his qualifications accepted . the pharisee and the publican . what if the king should take upon him so ? baxt●r f●●des presbyterian and episcopal loyalty the same . baxter confounds hism●taphsiycks with his poli●icks . presbyterian positions . episcopal positions . presbyt . posit . episc. posit . the assembly crys out for bloud . and stir up the people . mr. ●axter never wrong'd any man. richard refreshes his memory . mr. baxters governours . a plot upon the presbyte●ians . a bloudy slander . alas ! the ho. com. a most innocent book . mr. baxter lies under horrid accusations . mr. baxter transported . any government but the right . a king is a name of respect not power . the kings authority made precarious . and under several incapacities . baxters horrid accusation . his character of ou● church-men . baxters damnable cases of conscience . baxt. dreams of a plot upon him . the cart before the horse votes for uniformity . reasons against to●eration . ☜ mr baxters ingratitude . how to understand the presbyterians . words . practises . words . practises . words . practises . words . practises . words . practises . words . practises ▪ words : practis●s . the war charg'd upon the king. treason to serve the king. words . the . deposing propositions . words . practises . words . pract●ses . their professions . in the presence of the almighty . a rebellion in t●ename of the everlasting god. covenant . loyalty . slanders upon ●he ha●m es● presbyterians . presbyte●i●ns positions . mr. baxters best go●ernors in the world . the innocent non-conformists . the principles of the late rebellion revived . mr. ●axters odd persons . he himsel● one. mr. baxter his o●n king and pop● . baxters agument against ce●●monies . the c●se w●ll resolved . a declaration of the lords and commons assembled in parliament. die veneris, . decemb. . england and wales. parliament. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) a declaration of the lords and commons assembled in parliament. die veneris, . decemb. . england and wales. parliament. sheet ([ ] p.) printed for john wright, at the kings-head in the old-bayley, london : . taking into consideration a printed paper, 'a solemne protestation of the imprisoned and secluded members, &c.' wherein amongst other things is declared that all acts, ordinances, etc. made since the first of this instant december, and made during their restraint, are no way obligatory, the lords and commons declare that the said printed paper is false, scandalous, and seditious, and tending to destroy the visible and fundamental government of this kingdome; and do order the said paper to be suppressed -- cf. steele. order to print signed: joh. brown cler. parliamentorum. reproduction of the original in the british library. eng england and wales. -- parliament -- early works to . a solemn protestation of the imprisoned and secluded members of the commons house -- early works to . great britain -- history -- civil war, - -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no a declaration of the lords and commons assembled in parliament. die veneris, . decemb. . england and wales. parliament. c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion a declaration of the lords and commons assembled in parliament . die veneris , . decemb. . the lords and commons assembled in parliament , taking into their consideration , a printed paper , intituled , ( a solemne protestation of the imprisoned and secluded members , &c. ) wherein amongst other things it is declared ( that all acts , ordinances , votes ▪ and proceedings of the house of commons , made since the sixt of this instant december , or hereafter to be made during their restraint , and forceable seclusion from the house , and the continuance of the armies force upon it , are no way obligatory , but void , and null , to all intents and purposes . ) the said lords and commons doe thereupon judge and declare the said printed paper to be false , scandalous , and seditious , and tending to destroy the visible and fundamentall government of this kindome ; and doe therefore order and ordaine the said printed paper to be supressed : and that all persons whatsoever , that have had any hand in , or given consent unto the contriving , framing , printing , or publishing thereof , shall be adjudged , and hereby are adjudged uncapable to beare any office , or have any place of trust , or authority in this kingdome , or to sit as members of either house of parliament . and doe further order and ordaine , that every member of either house respectively now absent , upon his first comming to sit in that house whereof he is a member , for the manifestation of his innocency , shall disavow and disclaime his having had any hand in , or given consent unto the contriving , framing , printing , or publishing of the said paper , or the matter therein contained . die veneris , . decemb. . ordered by the lords assembled in parliament , that this declaration be forthwith printed , and published . joh. brown cler. parliamentorum . london printed for john wright , at the kings head in the old-bayley , . a vote of the parliament touching delinquents. die martis, martii, . england and wales. parliament. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) a vote of the parliament touching delinquents. die martis, martii, . england and wales. parliament. sheet ([ ] p.) printed by edward husband and john field, printers to the parliament of england, london : . order to print signed: hen: scobell, cleric. parliamenti. reproduction of the original in the british library. eng estates (law) -- england -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no a vote of the parliament touching delinquents. die martis, martii, . england and wales. parliament. a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion blazon or coat of arms incorporating the commonwealth flag ( - ) a vote of the parliament touching delinquents . die martis , martii , . resolved by the parliament , that power be given to the councel of state to remove from london and westminster , and from any place within twenty miles of the same , every such person or persons whose abode there shall to them appear prejudicial or dangerous to the safety of the parliament , or peace of this commonwealth : and every such person and persons so ordered by the councel of state to remove , are enjoyned to conform thereunto accordingly , upon all and every the penalties expressed in the late act , entituled , an act for removing all papists , &c. from london and westminster . die martis , o aprilis , . ordered by the parliament , that the vote of the parliament of the th of march , . ( giving power to the councel of state to remove from london and westminster , and any place within twenty miles of the same , all such persons whose abode there shall to them appear prejudicial or dangerous to the safety of the parliament , or peace of the commonwealth ) be forthwith printed and published . hen : scobell , cleric . parliamenti . london , printed by edward husband and john field , printers to the parliament of england , . the age of riddles, or, a true list of certain extraordinary positions formerly call'd contradictions, but now distinguished by no names at all / faithfully extracted from several modern doctrines and practises. approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing a c estc t ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the age of riddles, or, a true list of certain extraordinary positions formerly call'd contradictions, but now distinguished by no names at all / faithfully extracted from several modern doctrines and practises. trapp, joseph, - . sheet ([ ] p.). s.n., [london? : .] imprint suggested by wing ( nd ed.). attributed to joseph trapp, [ ] by nuc pre- imprints. reproduction of original in the huntington library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng great britain -- politics and government -- anecdotes - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - sara gothard sampled and proofread - sara gothard text and markup reviewed and edited - pfs batch review (qc) and xml conversion the age of riddles : or a true list of certain extraordinary positions , formerly call'd contradictions , but now distinguished by no names at all . faithfully extracted from several modern doctrines and practises . qui color est albus nunc est contrarius albo . i. all government is overturn'd by obedience , and establish'd by being relisted . therefore , ii. the most eminent instance of loyalty , is to condemn subjection ; and he is the greatest rebel that preaches against rebellion . iii. those are a prince's best subjects , and most faithful ministers , who deny his title to the crown before his face , and argue against their right which they are bound by their office and their oaths to defend . iv. the worst cause in the world , ought to have the worst managers ; and those are fittest to censure other peoples speeches , that can't read their own . v. a c — h must necessarly be in a safe and flowrishing condition , when b — ps explode its doctrine , and lawyers are forc'd to defend ' em . vi. when they that know nothing of the laws of the land , or act and plead in direct opposition to 'em , either are already at — ys and sol — rs gen — l , or ought to be made lord ch — f j — ces . vii . those are the most proper persons to accuse others of high crimes and misdemeanoers , who for their speeches in that very accusation , ought themselves to be hang'd for high treason . viii . ignorance , rudeness , impudence , dulness and nonsence , are undoubted proofs of wit , learning and good manners ; and the most virulent slander , railing , rage , malice , lying , and injustice , are the truest signs of christian charity , temper and moderation . ix . when a man is condemn'd and punish'd as a criminal , his friends ought to testify their concerns by bonfires and illuminations . x. those are the greatest enemies to arbitrary power , who of all mankind best love to exercise it ; and they are the most zealous defenders of liberty and property of their fellow-subjects , who are for destroying both , either without law , or contrary to law. xi . 't is the duty of the sons of archbishops , to impeach the church ; of bishops to vote a clergyman guilty of high crimes and misdemeanors , for preaching those doctrines which christ and his appstles , and even they themselves have preach'd ; of scotch peers , to save a church of england divine from ruin ; of presbyterians , to pull down meeting houses ; of governors , to encourage the principles of disobedience , and of the mob , to rebel in defence of loyalty . anno regni caroli ii. regis angliæ, scotiæ, franciæ, & hiberniæ, duodecimo. at the parliament begun at westminster, the five and twentieth day of april, an. dom. in the twelfth year of the reign of our most gracious soveraign lord charles, by the grace of god, of england, scotland, france, and ireland, king, defender of the faith, &c. england and wales. sovereign ( - : charles ii) approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing e thomason e _ this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) anno regni caroli ii. regis angliæ, scotiæ, franciæ, & hiberniæ, duodecimo. at the parliament begun at westminster, the five and twentieth day of april, an. dom. in the twelfth year of the reign of our most gracious soveraign lord charles, by the grace of god, of england, scotland, france, and ireland, king, defender of the faith, &c. england and wales. sovereign ( - : charles ii) england and wales. parliament. [i.e. ], [ ] p. printed by john bill, printer to the kings most excellent majesty, [london : ] [i.e. ] contains the acts drafted by the convention parliament. list of additional acts not included: pp. - . signatures: a-z² a- g² h¹ i- p² . annotation on thomason copy: "jan ". reproduction of the original in the british library. an act for the better ordering the selling of wines by retail -- an act for the levying of the arrears of the twelve moneths assessment commencing the th of june , and the six moneths assessment commencing the of december -- an act for granting unto the kings majesty, four hundred and twenty thousand pounds, by an assessment of threescore and ten thousand pounds by the moneth, for six moneths, for disbanding the remainder of the army and paying off the navy -- an act for further supplying and explaining certain defects in an act intituled an act for the speedy provision of money for disbanding and paying off the forces of this kingdom -- an act for the raising of seventy thousand pounds for the further supply of his majesty -- an act for the attainder of several persons guilty of the horrid murther of his late sacred majestie king charles the first -- an act for confirmation of leases and grants from colledges and hospitals -- an act for confirmation of marriages -- an act for prohibiting the planting, setting, or sowing of tobacco in england and ireland -- an act for erecting and establishing a post-office -- an act impowering the master of the rolls for the time being, to make leases for years, in order to new build the old houses belonging to the rolls. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- army -- demobilization -- early works to . wine and wine making -- law and legislation -- great britain -- early works to . taxation -- law and legislation -- great britain -- early works to . wool industry -- great britain -- early works to . regicides -- early works to . marriage law -- great britain -- early works to . tobacco -- law and legislation -- great britain -- early works to . postal service -- great britain -- early works to . great britain -- politics and government -- - -- early works to . - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - robyn anspach sampled and proofread - robyn anspach text and markup reviewed and edited - pfs batch review (qc) and xml conversion anno regni caroli ij. regis angliae , scotiae , franciae , & hiberniae , duo decimo . at the parliament begun at westminster the five and twentieth day of april , an. dom. . in the twelfth year of the reign of our most gracious soveraign lord charles , by the grace of god , of england , scotland , france , and ireland , king , defender of the faith , &c. london , printed by john bill , printer to the kings most excellent majesty , . cum privilegio . anno xii . caroli ii. regis . an act for the better ordering the selling of wines by retail , and for preventing abuses in the mingling , corrupting , and vitiating of wines , and for setting and limiting the prices of the same . for the better ordering of selling of wines by retail in taverns , and other places , and for preventing of abuses therein , be it enacted by the kings most excellent majesty , by and with the consent of the lords and commons in parliament assembled , and by the authority of the same , that no person or persons whatsoever , from and after the five and twentieth day of march one thousand six hundred sixty one , unless he or they be authorised and enabled in manner and form , as in this present act is prescribed and appointed , shall sell or utter by retail , that is by the pint , quart , pottle or gallon , or by any other greater or lesser retail measure , any kinde of wine or wines to be drunk or spent within his or their mansion-house or houses , or other place in his or their tenure or occupation , or without such mansion-house or houses , or such other place in his or their tenure or occupation , by any colour , craft , or mean whatsoever , upon pam to forfeit for every such offence the sum of five pounds ; the one moyety of every such penalty to be to our soveraign lord the king , the other moyety to him or them that will sue for the same , by action of debt , bill , plaint , or information in any of the kings courts of record , in which action or suit ▪ no ess●ign , wager of law or protection shall be allowed . and be it further enacted by the authority aforesaid , that it shall and may be lawful , to and for his majesty , his heirs and successors , from time to time , to issue out under his or their great seal of england , one or more commission or commissions directed to two or more persons , thereby authorizing them to licence , and give authority to such person and persons , as they shall think sit , to sell and utter by retail , all and every or any kinde of wine or wines whatsoever , to be drunk and spent as well within the house or houses , or other place , in the tenure or occupation of the party so licenced , as without , in any city , town , or other place within the kingdom of england , dominion of wales , and town and port of berwick upon twede ; and such persons as from time to time or at any time hereafter shall be by such commission or commissions as aforesaid in that behalf appointed , shall have power and authority , and hereby have power and authority to treat and contract for licence , authority and dispensations to be given and granted to any person or persons for the selling and uttering of wines by retail in any city , town or other place as aforesaid , according to the rules and directions of this present act , and the true intent and meaning thereof , and not otherwise , any law , statute , usage or custome to the contrary in any wise notwithstanding . and be it further enacted by the authority aforesaid , that such persons as shall be commissioned and appointed by his majesty , his heirs or successors as aforesaid shall be , and be called his majesties agents for granting licences for the selling and uttering of wine by retail ; and his majesties said agents are hereby authorized and enabled under their seal of office , the same to be appointed by his majesty , to grant licence for the selling and uttering of wines by retail to any person or persons , and for any time or terme not exceeding one and twenty years , if such person and persons shall so long live ; and for such yearly rent as they can or shall agree , and think fit , so as no fine be taken for the same ; but that the rent and summs of money agreed upon and reserved , be payed and answered half yearly by equal portions during the whole term. and be it further enacted by the authority aforesaid , that such licence shall not be given or granted , but to such who shall personally use the trade of selling or uttering of wines by retail , or to the landlord and owner of the house where the person useing such trade shall sell and utter wine by retail , nor shall the same be assignable nor in any wise beneficial or extensive to indempnifie any person against the penalties of this present act , except the first taker . and be it further enacted by the authority aforesaid , that it shall & may be lawful to and for his majesty , his heirs & successors , to constitute and appoint such and so many other officers and ministers , as a receiver , register , clerk , controller , messenger or the like , for the better carrying on of this service , as he and they shall think fit , so as the sallaries and wages of all such officers to be appointed , together with the sallary or wages of his majesties said . agents do not exceed six pence in the pound of the revenue that shall hence arise . and be it further enacted by the authority aforesaid , that the rents , revenues , and sums of money hence arising , except what shall be allowed for the wages and sallaries of such officers and ministers , which is not to exceed six pence out of every pound thereof , shall be duly and constantly paid and answered into his majesties receipt of exchequer , and shall not be particularly charged or chargeable , either before it be paid into the exchequer or after , with any gift or pension . and his majesties said ▪ agents are hereby enjoyned and required to return into the court of exchequer every michaelmas and easter terms , upon their oaths ( which oaths the barons of the exchequer , or any one of them , are hereby authorized to administer ) a book fairly written , containing a true & full account of what licences have been granted the preceding half year , and what rents and sums of money are thereupon reserved , and have been paid , or are in arrear , together with the securities of the persons so in arrear , to the end due and speedy process may be made out according to the course of the exchequer , for the recovery of the same . provided always , that this act , nor any thing therein contained , shall not in any wise be prejudicial to the priviledge of the two vniversities of the land , or either of them , nor to the chancellors or scholars of the same , or their successors ; but that they may use and enjoy such priviledges as heretofore they have lawfully used and enjoyed , any thing herein to the contrary notwithstanding . provided also ▪ that this act , or any thing therein contained shall not extend or be prejudicial to the master , wardens , freemen and commonalty of the mystery of v●●tners of the city of london , or to any other city or town-corporate but that they may use and enjoy such liberties and priviledges as heretofore they have lawfully used and enjoyed , any thing herein contained to the contrary notwithstanding . provided also , and be it enacted by the authority aforesaid , that this act , or any thing therein contained , shall not in any wise extend to debar or hinder the major and burgesses of the burrough of st. albans in the county of hertford , or their successors , from enjoying , using and exercising of all such liberties , powers and authorities to them heretofore granted by several letters patents under the great seal of england , by queen elizabeth and king james of famous memories , for the erecting , appointing , and licensing of three several wine-taverns within the burrough aforesaid , for and towards the maintenance of the free-school there ; but that the same liberties , powers and authorities shall be , and are hereby established and confirmed , and shall remain and continue in and to the said major and burgesses and their successors , to and for the charitable use aforesaid , and according to the tenor of the letters patents aforesaid , as though this act had never been made , any thing herein contained to the contrary in any wise notwithstanding . provided also , that it shall not , nor may be lawful to or for any officer or officers to be appointed by his majesty for the carrying on of this service , to take , demand , or recei●e any fees , rewards , or summs of money whatsoever , for or in respect of this service , other then five shillings for a licence , four pence for an acquittance , and six pence for a bond , under the ●enalty of ten pounds , one moiety thereof to the kings majesty , the other moiety to the person or persons who shall sue for the same , by action of debt , bill , plaint , or information , wherein no wager of law , essoign or protection shall be allowed , any thing herein , or any other matter or thing to the contrary notwithstanding . and it is hereby further enacted by the authority aforesaid , that no merchant , vintuer , wine-cooper or other person , selling or retailing any wine , shall mingle or utter any spanish wine , mingled with any french wine , or rh●●ish wine , sider , perry , hony , sugar , syrops of sugar , molasses , or any other syrops whatsoever , nor put in any isinglass ; brimstone , lime , raisins , iuice of raisins , water , nor any other liquor nor ingredients , nor any clary , or other herb , nor any sort of flesh whatsoever ; and that no merchant , vintner , wine-cooper , or other person selling or retailing any wine , shall mingle or utter any french wines mingled with any rhinish wines or spanish wines , sider , perry , stummed wine , vitriol , hony , sugar , syrop of sugar , molasses , or any syrops whatsoever , nor put in any isinglass , brimstone , lime , raisins , iuice of raisins , water , nor any other liquor or ingredients , nor any clary or other herb , nor any sort of flesh whatsoever ; and that no merchant , vintner , wine-cooper or other person selling or retailing any wine , shall mingle or utter any r●inish wine mingled with any french wines , or spanish wines , sider , perry , stummed wine , vitriol , hony , sugar , syrops of sugar , molasses , or any other syrops whatsoever , nor put in any isinglass , brimstone , lime , raisins , iuice of raisins , water , nor any other liquor or ingredients , nor any clary or other herb , nor any sort of flesh whatsoever : and that all and every person and persons committing any of the offences aforesaid , shall incur the pains and penalties herein after mentioned : that is to say , every merchant , wine-cooper , or other person selling any sort of wines in gross , mingled or abused as aforesaid , shall forfeit and lose for every such offence , one hundred pounds ; and that every vintner or other person selling any sorts of wine by retail , mingled or abused as aforesaid , shall forfeit and lose for every such offence , the sum of forty pounds ; of which forfeitures , one moyety shall go unto the kings majesty , his heirs and successors , the other moyety to the informer , to be recovered in any court of record by action of debt , bill , plaint or information , wherein no essoigne , protection , or wager of law shall be allowed . provided always , and be it enacted , that from and after the first day of september , one thousand six hundred sixty and one , no canary wines , muskie or alegant , or other spanish or sweet wines , shall be sold or uttered by any person or persons within his majesties kingdom of england , dominion of wales , and town of berwick upon twede , by retail , for above eighteen pence the quart : and that no gascoigne or french wines whatsoever , shall be sold by retail , above eight pence the quart ; and that no rhinish wines whatsoever shall be sold by retail , above twelve pence the quart ; ( and according to these rates , for a greater and lesser quantity , all and every the said wines shall and may be sold ) upon pain and penalty that every such person and persons who shall utter or sell any of the said wines by retail , that is to say , by pint , quart , pottle , or gallon , or any other greater or lesser retail-measure ▪ at any rate exceeding the rates hereby limited , do and shall forfeit for every such pint , quart , pottle , gallon , or other greater or lesser quantity so sold by retail , the sum of five pounds ; the one moyety of which forfeiture shall be to our soveraign lord the king , his heirs and successors , and the other moyety to him or them that will sue for the same , to be recovered in manner and form as aforesaid . provided nevertheless , that it shall and may be lawful to and for the lord chancellor of england , lord treasurer , lord president of the kings council , lord privy seal , and the two chief iustices , or five , four , or three of them ; and they are hereby authorized yearly and every year between the twentieth day of november , and the last day of december , and no other times , to set the prises of all and every the said wines to be sold by retail as aforesaid , at higher or lower rates then are herein contained , so that they or any of them cause the prises by them set to be written , and open proclamation thereof to be made in the kings court of chancery yearly in the term time , or else in the city , burrough ▪ or towns corporate where any such wines shall be sold ; and that all and every the said wines shall and may be sold by retail at such prises as by them , or any five , four , or three of them shall be set as aforesaid , from time to time , for the space of one whole year , to commence from the first day of february next after the setting thereof , and no longer , and no greater prises under the pains and penalties aforesaid , to be recovered as aforesaid , and afterwards : and in default of such setting of prises by the said lord chancellor of england , lord treasurer , lord president of the kings council , lord privy seal , and the two chief iustices , or five , four , or three of them , as aforesaid , at the respective rates . and prises set by this act , and under the penalties as aforesaid , to be recovered as aforesaid . anno xii . caroli ii. regis . an act for the levying of the arrears of the twelve moneths assessment commencing the th . of june , and the six moneths assessment commencing the . of december . whereas there are severall great summs of money , yet uncollected and in arrear , and divers summs of money in the hands of the collectors and not payed in , due upon the twelve moneths assessment commencing the twenty fifth of december one thousand six hundred fifty nine , for payment of the arrears of his majesties army now disbanding , and to be disbanded , notwithstanding all former orders , and his majesties proclamation for the speedy levying and collecting thereof . be it therefore enacted by the kings most excellent majestie , and the lords and commons in this present parliament assembled , and by the authority of the same , that the commissioners nominated and appointed in the respective counties , cities and corporations of this kingdome , the dominion of wales , and the town of berwick , in an act made this present parliament for the speedy provision of money for disbanding and paying of the forces of this kingdome both by land and sea , do forthwith cause all the said ▪ arrears to be levied & collected by such wayes and means , as the same was formerly appointed to be levied and collected ; and likewise all such summs of money as remain in any collectors hands to be speedily payed in , to iames nelthorp and iohn lawson esquires late treasurers at war , for and towards the speedy disbanding and paying off the said forces . provided alwayes , that the summe of five hundred and twenty pounds and twelve shillings disbursed by robert quarum receiver generall of the county of cornwall , by the desire and direction of the commissioners of assessments , and other gentlemen of the said county , for the publique service of the kingdome . and also the summe of seventy pounds disbursed by the town of lyme regis in the county of dorset for the same service , shall be and are hereby discharged and allowed unto the said receiver and town of lyme regis , as if the same had been actually payed in to the treasurers appointed to receive the same , any thing in this act to the contrary thereof in any wise notwithstanding . anno xii . caroli ii. regis . an act for granting unto the kings majesty , four hundred and twenty thousand pounds , by an assessement of threescore and ten thousand pounds by the moneth , for six moneths , for disbanding the remainder of the army , and paying off the navy . whereas it was well hoped , that the moneys enacted to be raised by several acts of this parliament , that is to say , one act entituled , an act for the speedy provision of money , for disbanding and paying off the forces of this kingdom both by land and sea. and one other act entituled , an act for supplying and explaining certain defects in an act , entituled , an act for the speedy provision of money for the disbanding and paying off the forces of this kingdom both by land and sea. and one other act entituled , an act for raising sevenscore thousand pounds for the compleat disbanding of the whole army , and paying off some part of the navy , would have effectually sufficed to have compleatly disbanded the armies and paid off the navy ; but by the slow coming in of the same moneys , the growing charge being still kept on , the same cannot be effected without further supply ; and if no further supply should be made , the growing charge would become insupportable : the commons assembled in parliament , do therefore give and grant unto your most excellent majesty , for the uses herein after expressed , and no other , the sum of four hundred and twenty thousand pounds to be raised & levyed in manner following : and do humbly pray your most excellent majesty , that it may be enacted , and be it enacted by the kings most excellent majesty , by , and with the advice and consent of the lords and commons in this present parliament assembled , that the sum of threescore and ten thousand pounds by the moneth , for six moneths , beginning from the first day of january , one thousand six hundred and sixty , shall be assessed , taxed , collected , levyed and paid in the several counties , cities and burroughs , towns and places within england and wales , and the town of berwick upon tweed , according to such rates , rules , and proportions , and by the same commissioners , as in and by a certain act past this parliament , entituled an act for raising of sevenscore thousand pounds for the compleat disbanding of the whole army , and paying off some part of the navy , which said commissioners shall meet on , or before the twelfth day of ianuary , one thousand six hundred and sixty , and are hereby enabled to use and execute all and every the like rates ▪ rules , proportions , powers and authorities , as in and by the said act are mentioned and referred unto , or expressed , as fully and amply , as if the same had been particularly inserted in this present act. and be it further enacted , that the sum of two hundred and ten thousand pounds , being one moyety of the six months assessment , hereby imposed , shall be assessed , collected , levyed and paid in to the receiver or receivers general , who shall be appointed by the said commissioners , upon or before the first day of february , one thousand six hundred and sixty . and the other two hundred and ten thousand pounds residue thereof , upon or before the first day of april , one thousand six hundred sixty one . and be it further enacted , that all and every the sums to be collected and levied by vertue of this present act , shall be paid at the guild-hall of the city of london , unto sir george cartwright , sir richard brown lord mayor of the city of london , sir iames bunce , sir william wheeler , sir william vincent , thomas rich esq ; and the chamberlain of the city of london for the time being , who are hereby appointed treasurers for the receipt thereof , and the acquittances of them , or any threé of them , shall be a sufficient discharge for so much as shall be received by vertue of this act , to any person or persons who shal pay in the same . and whereas there is a present necessity of raising of eighty thousand pounds , be it enacted by the authority aforesaid , that if any person or persons of the city of london , or any other place , who hath or have advanced any monies upon the credit of an act of this parliament , entituled , an act for raising sevenscore thousand pounds , for the compleat disbanding of the whole army , and paying off some part of the navy , shall continue the loane of such monies upon the credit of this act , and declare the same under his or their hands , unto the treasurers by this act appointed , before the one and thirtieth day of december , one thousand six hundred and sixty ; and if any other person or persons shall advance one hundred pounds or upwards upon the credit of this act , and before the tenth day of ianuary , one thousand six hundred and sixty , pay the same unto the said treasurers , then every such person and persons so continuing or advancing as aforesaid , shall not only do a very acceptable service , but shall also receive from the said treasurers out of the last one hundred and ten thousand pounds , which shall be received upon the second payment appointed by this act , his and their principal money , with interest , at the rate of ten pounds per cent . per annum , from the time of such declaration and advancement respectively , any law , act or statute to the contrary notwithstanding . and the said treasurers are hereby required to make payment accordingly , and not to receive any more money to be advanced as aforesaid , then what with the money so to be continued will amount to eighty thousand pounds . and be it further enacted , that the treasurers by this act appointed , shall receive for them , and those to be employed under them in this service , one penny in the pound , in such manner as they ought to receive by the act last before mentioned . and be it further enacted , that all and every the sums of money which by vertue of this present act shall be paid to or received by the treasurers aforesaid , shall from time to time be issued out according to such warrants and directions onely , as they or any three of them shall receive from the commissioners named in one act of this present parliament , entituled , an act for the speedy disbanding of the army and garisons of this kingdom , or threé of them , who are hereby required and enjoyned at their perils , to take care and provide , that the moneys so as aforesaid to be issued out , be employed onely to the uses , intents and purposes hereafter following , and to no other use , intent , or purpose whatsoever , that is to say , principally and in the first place , for and towards the total disbanding of the present army and garrisons , until that work be fully perfected and compleated according to such rules and instructions , as touching the disbanding of the army in the said act last mentioned , are contained . and after the army shall be wholly disbanded , then the residue of the moneys to be raised by vertue of this present act , or due , or behinde on any former act , shall be employed for and towards the paying off of the fleét and navy , according to such rules . orders , and instructions , as touching the payment of the navy , are herein after-mentioned , and not otherwise . and be it further enacted , that an accompt of all the moneys by vertue of this act to be received , shall be given by the said treasurers to this or any other succeéding parliament , which shall require the same , or to such person or persons , as by this or any other succeéding parliament shall be thereunto appointed : provided always , and it is hereby declared , that nō mannors , lands , tenements , and hereditaments which were formerly assessed and taxed for and towards former assessments and land-taxes , and are now in the possession or holding of his majesty , or of the queéns highness , or of any ecclesiastical person or persons , or his , her , or their farmers and tenants , shall be exempted from the payment of the several sums of mony in this act comprized ; but that the said mannors , lands , tenements and hereditaments , shall be rated , assessed and taxed for and towards the said several sums of money in this act comprised , in such manner and form as they were of late rated , taxed , and assessed for and towards the said former land-rates , any law , statute or custom to the contrary thereof in any wise notwithstanding . provided also , that nothing herein contained shall be drawn into example to the prejudice of the ancient rights belonging to the peers of this realm . and be it declared and enacted by the authority aforesaid , that these persons hereafter named shall be added commissioners for their several counties , places and precincts respectively , and shall exercise the same powers as the other commissioners intended by this act are authorised and impowered to do , that is to say ; berks. for the county of berks , peregrine hobby , richard harrison esqs ; john fecciplace of fernehamesq ; samuel woodcox . borrough of new windsor . for the borrough of new windsor , andrew plumpton , richard fishburne , gent. bucks . for the county of bucks , william tirringham esq ; sir t●omas hampson baronet , sir philip palmer baronet , anthony ratcliff esq ; cambridge . for the county of cambridge , sir thomas dayrel , john bennet esq ; sir anthony cage , levinus bennet . isle of ely. for the isle of ely , roger jennings esq ; chester . for the county of chester , sir george warburton baronet , edward warren , jeffery shakerley , henry leigh , esqs ; city of chester . for the city and county of the city of chester , the major for the time being . cornwal . for the county of cornwal , robert roberts esq ; sir william tredinham , joseph tredinham , thomas penhallow , the knights and burgesses that serve for the said county , and iames eirsey gent. the major of lostwithel for the time being , iohn mollesworth esq william williams of trenythen . cumberland . for the county of cumberland , mr. anthony bouch , mr. richard uriell , mr. thomas croswhat , mr. robert webster . devon. for the county of devon , nicholas daviesdoctor of physick , william jennens gent. edmond tremayne , william putt , john kellond , william bogan , george howard , iohn kelly , iames rodd esquires , walter jago , francis drew , esq ; william walrond esq ; john blagdon gent. iohn hamm gent. henry newte . york . for the west-riding in the county of york , welbury norton , rob●rt wivell esquires , richard roundhil gent. william hamond , walte● hawksworth esquires , cuthbert wade , iohn preston gent. arthur ingram esq ; edward atkinson , william witham gent. samuel sunderlandesq ; thomas ward gent. sir william ingram knight , sir john goodrick baronet , sir tho. wentworth , sir edward rodes , knights , godfrey copley of sprotsbrough , john clayton , ioshua horton , thomas stringer esqs . the alderman of l●edes for the time being . york northriding . for the northriding in the county of york , sir william caley , arthur caley esq . william wivell esq . sir tho. gower baronet , thomas vvorsley , charles tankred esqs . sir william francklyn baronet , the bailiffs of scarboroughfor the time being , tristram fish , robert belt , esq . thoms robinson , thomas scudamore esq . york city . for the city and county of the city of york , all the aldermen of the city of york . kingston upon hull . for the town of hull , mr. george crowle . essex . for the county of essex , mr. edward glascock , mr. m●les hubbert , mr. iohn smart , capt. hunter , dean tindal esq . isaac wincall , thomas clopton , thomas peck , peter iohnson , thomas manby esq . gloucester . for the county of gloucester , thomas freame , tho. floyde , samuel sheppard , phillip sheppard , vvilliam morgan , richard daston , iohn tookeesq . robert lord tracy , thomas morgan esq . sir nicholas throckmorton knight , vvilliam bromage gent. vvilliam vvinter of dimmockgent . richard matchen gent. iohn wynnyattgent . thomas aylway gent. hereford . for the county of hereford , sir herbert parretknight , john barnaby of brookehampton esq . thomas baskervile of collington gent. john boothof hereford esq . city of hereford . for the city of hereford , thomas davies esq . major , james lawrence gent. tho. clerk gent. hertford . for the county of hertford , marmaduke rawden , iames willimott iunior gent. thomas arrasdr . of physick , richard coombes esq . sir robert ioslyn knight , thomas cappin , edward briscoe , iohn halsie esq . mr. fetherston of blackeswere , edward brograve , ralph gore , thomas brograve , edward cason , thomas bonest , henry becher , henry chancey , george bromley , alexander meade , iohn crouch , iames willimort iunior , george poyner gent. iohn iesson esq . st. albans . for the borrough of st. albans , william foxwistesq . recorder , mr. iohn new , mr. edward eames , mr. thomas cawley senior , mr. william marston , sir henry connyngsby , edmond smith , alban cox , richard combes esq . thom. marstongent . kent . for the county of kent , sir william mann , sir edward masters , thomas peake esq . sir tho. godfrey , the major of maydston for the time being , sir william meredeth baronet , sir thomas preise baronet , mr. richard manley , mr. thomas manley . sandwich . for the town of sandwich , iohn verrier , peter peke gent. lancaster . for the county of lancaster , henry banisteresq . ieoffry rushton gent. richard fleetwoodgent . iohn molineux esq . vvilliam fif●esq . sir george middleton knight and baronet , mathew richardson esq . robert heywood esq . roger stowton of the city of london , thomas butler , r●chard farrington , vvilliam vvall , william turner , henry brabin , vvilliam hodgkensongent . lincoln . for the county of lincoln , and city and county of the same , edward turney , william lister , esqs , sir robert dallison baronet , sir charles dallison knight , william draper , samuel p●octor , william thompson , humphrey walcot , thomas mills , maurice dalton , iohn watson , william willoughby , henry heron , marm●duke darrel , iohn ogle , anthony treadway , william skipwich , thomas browne of eastkirby ; iohn almore , mr. skinner of thornton colledge , tho. harrington , william whichcot , charles pelhamiunior , roger pelham , mr. iohn lockton , mr. iohn hobson iunior , mr. henry hall , mr. charles bawdes , mr. iohn colthurst , mr. william bishop , and mr. edward blaw , aldermen , mr. william perkins , mr. thomas mills , mr. peregrine buck , mr. william dowman , mr. thomas dickenson , mr. iohn thornton , and richard wetherel , aldermen . london . for the city of london , nicholas delves esq . benj●min albin , richard spencer . middlesex . for the county of middlesex , sir iohn robinsonbaronet , lieutenant of the tower , sir richard browne , thomas bride , thomas harrisonof south-mins , sir vvilliam bareman , lieut. col. powel , charles pitfeild esq . robert peyton , iohn iones , iohn limbrey , edward chard , richard shelton esq . vvilliam page esq . roger iennynsesq . sir heneage finch baronet his majesties sollicitor general , cheney of hackneyesq . lieut. col. powel , charles cheney of chelsey , christopher abdy esq . sir allen broadricke , iohn barton esq . westminster . for the city of vvestmiuster , and liberties thereof , gabriel beck esq . mr. graham , peter maplesden , george plunknett , thomas kirke , vvill. greene , george farewell , ralph darnall . monmouth . for the county of monmouth , vvilliam ionesof frowen esq . iames proger , charles proger . northampton . for the county of morthampton , edward onely iohn thorton , iohn vvilloughby esqs . norfolk . for the county of norfolk , george windham , robert doughty of hanworth , robert legar , esquires , henry scarborough gent. mr. john roops , mr. thomas talbot , mr. henry blackborne , gent. borough of lyn regis . for the borough of lyn regis , john bassetmajor , robert steward esq ; recorder , thomas greene , william wharton , henry bell , robert thorowgood , alderman holley . great yarmouth . for the town of great yarmouth , nicholas cutting , james simons bailiff there , sir john potts knight and baronet , sir william doyleyknight , sir thomas me●ow knight , thomas gooch , george england , john carter , nathaniel ashby , thomas lucas , iohn woodroff , iames iohnson esquires , george tilyard gent. thetford . for the whole borough and corporation of thetford , the major for the time being , john kendal gent. mr. bourage martin , maurice shelton , esquires , robert keddington gent. mr. nicholas rookwood , mr. robert wright of kilveston . newcastle upon tine . for the town and county of newcastle upon tine , sir nicholas cole knight and baronet , sir francis bows knight , sir francis anderson knight , sir iohn marley . nottingham . for the county of nottingham , francis sandi●esq ; thomas bristow , william newton , gentlemen . east-retford . for the borrough of east-retford , the bailiffs for the time being . oxon. for the county of oxon , william glyn , john west , esquires , iohn coker gent. iames herbertesq ; sir thomas tippin . university of oxford . mr. robert withers , mr. edward master , mr. david thomas , mr. gregory ballard , mr. timothy horton . the city of oxford . for the city of oxford , francis holloway , william cornish . salop. for the county of salop , charles baldwin , samuel baldwin , esquires , mr. moore of middleton , mr. bushop of the moore , benjamin buckley . stafford . for the county of stafford , thomas rudiardesq ; iohn colelough , timothy edge , gentlemen . somerset . for the county of somerset , william orangeesq ; vvilliam bacon senior , gent. iohn cridland gent. mawdley samborne , iohn carew , roger newborough , iames haise , esquires . for the city of bristol . for the city and county of the city of bristol , the major and sheriffs for the time being , iohn knight the elder , vvilliam coulston , iohn bradway , vvilliam coles . for the city of bathe . for the city of bathe , iohn vane , iohn masters , aldermen . southampton . for the county of southampton , with the town and county , mr. essex powlet , richard lucy , gabriel vvhistler , esq ; isle of wight . for the isle of vvight , thomas bowremanesq ; iohn oglander of newport gentleman . suffolk . for the county of suffolk , george vviniffe , william blumfield , esquires , mr. iohn brooke , mr. milton of ipswich , mr. edmond bedingfield , mr. francis langley , mr. thomas read , mr. rabbit of bramfield , isaac matham esquire , gardiner web gent. st. edmunds bury . for st. edmonds bury , francis smith , robert sharpe , samuel hustler . surrey . for the county of surrey , edward evelin , iohn yates , richard knipe , esquires , mr. iohn parker , sir purbeck temple , sir thomas bludworth , knights , thomas rogers , charles good-harman-atwood , esquires , iohn parker of rigate . rye in the county of sussex . for the town of rye , samuel bembrigg , iames vvelsh , thomas osmonton . worcester . for the town of worcester , sir iohn packingtonbaronet , sir rowland berkley knight , sir iohn winford knight , samuel sandys , henry townsend , iohn bearcroft , esquires , sir ralph clare , knight of the bath . worcester city . for the city and county of the city of worcester , edward soley alderman , samuel smith , thomas twitty , gentlemen , henry townsendesq ; sir william mooreton knight , humphrey tyrer , richard heming , stephen richardson , gentlemen , sir iohn packington , sir rowland berkley , sir ralph clare , sir iohn winford , samuel sandys esq ; warwick . for the county of vva●wick , listerof alveston esq . richard bishop of st●atford esq . coventry . for the city and county of the city of coventry , sir arthur caley knight , the maior of coventry for the time being , h●nry smith alman , sir richard hopkins knight , william iesson , thomas norton esqs . mr. thomas love , mathew smith , samuel snell , william ielliffe , robert beak , iames na●er aldermen . town of warwick . for the town of warwick , sir henry puckeringbaronet , sir clement throckmortonknight , 〈◊〉 rouse , nathaniel stoughton , iohn stanton esqs . lister of alveston esq . richard bishop of stra●ford . wilts . for the county of wiltes , waltes buckland , thomas mompesson , william caley esqs . mathew rayman gent. tho. hunt gent. robert chandler , robert nicholas of alcainings , william broomewichgent . samuell eyre gent. simon spatchurstesq . christopher gardiner gent. mr. francis par●y . sarum . for the city of new sarum , samuel eyre gent. symon spatchurst esq . christopher gardiner gent. anglesey . for the isle of anglesey , robert lord viscount bulkley . brecon . for the county of brecon , william iones , iohn gwyn , henry stedman , edward powell . cardigan . for the county of cardigan , iames phillips , morgan herbert , thomas ienkins , erasmus lloyde , thomas evans , henry vaughan , thomas price the elder , esquires ; thomas lloyde of yinshen , morris vaughan , iohn price , gent. thomas par●y , reighnold ienkins , iohn bowin , thomas lewis , ●●ector phillips , nic●olas lewis , vvilliam iones , abel g●●ffin , esqs ; vvactkin lloyde , iohn griffith of noyadd , gentlemen ; the major of cardig●mfor the time being , rees gwin , david morgan , aldermen . carmarthen . for the county of carmarthen , jonathan lloyde , walter lloyde , walter mansell . carnarvon . for the county of carnarvon , griffith bodurda , john lloyd●of naugwhnadale , robert wynn of conway , william vvynn of pengwoone , vvilliam thomas of carnarvon , ionathan lloyde , vvalter lloyde , vvalter mansell . denbigh . for the county of denbigh , francis manly esq ; flint . for the county of flint , ken●ick eaton , esq ; glamorgan . for the county of glamorgan , iohn price , of courtcarne , morgan morgan , esq ; mountgomery . for the county of mountgomery , vvilliam oakely , edmond vvareing of oldbury , david morrice , esqs ; iohn matthews , henry pu●sel , iohn kiffin , vvilliam price of lanligan , iohn lloyd of conway . haverford-west . for the town and county of haverford-west , sir herbert perrot , knight , vvilliam browne , alderman . rules , orders , and instructions for the discharging and paying off the navy , and other debts relating thereunto . i. the commissioners hereby appointed for disbanding of the army , and discharging the navy , shall proceed therein in manner following , viz. first they are to disband the remaining part of the army according to the former rules in that behalf made ; which done , they are then first to discharge and pay off those sixty five ships which are now out of imployment , and of them in the first place , those whose commanders , officers and seamen , have the least pay due to them ; and after them they are to pay off the men aboard those thirty six ships now in his majesties service , who entred on his pay the twenty fourth of june last . ii. that all the commanders , officers and mariners who served in person , and were in service upon any of the sixty five of his majesties ships , on the twenty fifth of april , one thousand six hundred and sixty , and have taken the oaths of allegiance and supremacy , or shall take the same , when they shall be thereunto required , and have not since deserted the service , nor been discharged for misdemeanor , shall with all convenient speed have their accompts stated ( by the auditors hereafter appointed ) and thereupon receive all their arreats of their pay from the fourteenth of march one thousand six hundred fifty eight , to the day of their discharge ; and the commanders officers , and mariners of the aforesaid thirty six ships which were in service on the twenty fifth of april , one thousand six hundred and sixty , and have taken the oaths of allegiance and supremacy , or shall take the same as aforesaid , and have not deserted the service , shall have their accompts stated as before , and receive their pay from the said fourteenth of march , one thousand six hundred fifty eight , until the twenty fourth of iune , one thousand six hundred and sixty next following . and the commissi●ners appointed by this act , shall upon sight of the accompts so stated as before , cause the send captains , officers and mariners wages , successively to be payed by the treasurers appointed by this act , out of the money which shall come in of the six months assessment , or any other money , heretofore appointed for the paying or disbanding the army , and discharging the navy . and if any further arrears shall be claimed and appear to be due to any such commanders , officers or mariners in service as aforesaid for service at sea , from or after the fourteenth of march , one thousand six hundred fifty seven , and to , or before the fourteenth of march , one thousand six hundred fifty and eight , that in such case the auditors hereby appointed , shall examine all such arrears , and draw up a state thereof to be presented to the next parliament in order to their satisfaction . iii. that no money be paid or allowed to any person before-mentioned for any short allowance of victuals , made or pretended to be made them , either at sea , or in harbor : and if it shall appear , that any money , clothes , goods , wares , or merchandices , have beén paid or sold by any publick minister , officer , or other person , to any commander , officer , or seaman of the aforesaid ships , upon accompt of their pay , since the fourteenth of march , one thousand six hundred fifty eight ; in such case , all the said moneys so paid , and the value of the clothes , goods , wares , and merchandices so sold and delivered within the time of their said service , shall be defaulked out of their pay aforesaid : and the sums so defaulked shall be paid by warrants of the commissioners , charged on the treasurers , unto such person and persons to whom the same of right belongeth , out of the money that shall come in of the six moneths assessment , or any other moneys heretofore appointed for paying or disbanding of the army and navy , in course next after the commanders , officers , and seamen are paid . iv. that after the accompts of the commanders , officers , and seamen are stated , then the auditors shall state the accompts of the ship-keépers : and of all officers on shore in the yards , and store-houses , at deptford , woolwich , chatham , portsmouth , harwich , and other places , to be stated from the fourteenth of march one thousand six hundred fifty eight , to the twenty fourth of june last past ; after the rates accustomed to be paid by his majesty , and according to their several capacities , at which time the said commissioners are to give them warrants , charged upon the treasurers , to pay them their several sums out of the money that shall come into their hands of the six moneths assessment , or any other money heretofore appointed , for paying or disbanding of the army and navy in course next after the common marriners , seamen , commanders , officers , and their servants , are discharged and paid , and the money from them defaulked as before , fully satisfied . v. that the said auditors shall state the accompts of the victuallers from the said fourteénth day of march , one thousand six hundred fifty eight , to the day of the several ships discharge , for as many as are out of employment as before ; and to the twenty fourth day of june , for the remaining part of the navy now in his majesties service in the winter guard , and assign them payment in course on the treasurers before-mentioned , to be paid out of the money remaining in their hands , out of the six moneths assessment , or any other money heretofore appointed for the paying or disbanding of the army and navy , next after the sums formerly ordered are paid . vi. that the auditors shall from the said fourteenth of march , one thousand six hundred fifty eight , state the accompts of all men that shall or may justly claim any money for quarters , and cures of the sick , and wounded seamen ser a shore out of his majesties ships in any town or corporation in this kingdom ; and for the quarters and cures of the sick and wounded soldiers sent over from flanders ; which being so stated , the said commissioners shall assign them their money by warrant on the treasurers , to be paid in course next after the commanders , officers , and marriners aforesaid , and the officers and ship-keépers aforesaid , are paid and satisfied . vii . that if in case any commanders , officers , or marriners , shall have died or beén discharged by ticket out of any the said ships , and their arrears of pay not satisfied : in such case the auditors shall state the accompts of the persons so dead or discharged from the said fourteénth day of march , one thousand six hundred fifty eight , to the day of their death or discharge , according to their several capacities ; and the commissioners shall thereupon give warrants upon the treasurers , by this act appointed for the payment of the sums to them , or their assigns in course , when the commanders and officers of the several ships , to which they did belong at the time of their death or discharge , and the debts for curing the sick and wounded , are satisfied . viii . that the said auditors shall also state the several accompts of all other persons , which can or may justly claim any debt to be due unto him or them , for any provision , maintenance of prisoners , goods , wares , merchandises , stores , ammunition , and other necessaries sold and delivered to any publick minister , to and for the use of the navy aforesaid , from the fourtéenth of march one thousand six hundred fifty eight , to the twenty fourth of iune one thousand six hundred and sixty , and order them payment in course , after the before mentioned sums are paid by assignation on the treasurers to be paid out of the money remaining in their hands , out of the six moneths assessment , or any other mo●eys heretofore appointed for paying or disbanding of the army and navy . ix . that for the better stating the accompts of the commanders , officers , and mariners of the said navy , and the several other accompts before recited , and hereafter mentioned , arthur sprey , william iessop , ralph darnal , samuel atkins , richard kingdon , and bartholomew fillingham esquires , and iohn walker gentleman , shall be and are hereby appointed , constituted , and authorized to audite , and cast up the accompts of the aforesaid commanders , officers , mariners , and all other mens accompts relating to the debt of the said navy as before , and shall respectively before they enter thereon , take an oath in these words following . i do swear , that to the best of my skill and judgment , i shall examine , and truly state all such accompts as shall be committed to my care and trust by the commissioners , for disbanding the army , and discharging the navy , or any three , or more of them ; and shall and will to the best of my knowledge , make true certificates of all such accompts to the said commissioners , or any three of them . so help me god. which said oath , the said commissioners , or any three of them as aforesaid , are hereby authorized to administer accordingly . which accompts so certified by the said auditors , or any two of them , then the said commissioners , or any three of them , shall have power and authority , and are nee●by authorized and impowered to issue out warrants from time to time , to the respective treasurers aforesaid , for the payment of the several sums so audited , and due as aforesaid : which warrants , together with the acquittance of the persons to whom the same is payable thereupon , shall be to the said treasurers respectively a sufficient warrant and discharge . x. that the chief officers of his majesties navy do with all convenient speed deliver unto the commissioners appointed by this act , a perfect list of the names of all the aforesaid ships that are to be discharged , and the places in which they lie ; and the names and sirnames of the commanders , officers , marriners , and common seamen to each ship belonging ; and a particular accompt of the time that every person hath served , and what money or goods every or any one of them hath received . xi . that the pursers and checks of the several ships of the navy , do from time to time when they shall be required thereunto , attend the auditors aforesaid , and deliver unto them a true and perfect accompt of all the commanders , officers , marriners , and seamen belonging to the said ships , and shall produce the original muster-book and pay-books , wherein the names of the said commanders , officers , and sea-men were entered , and give an exact accompt of what arrears is due unto them , and how and in what manner the same becomes due ; the which books and accompts , shall by the said pursers and checks be delivered upon oath , which said oath the commissioners aforesaid , or any thrée of them , are hereby ordered to administer accordingly . xii . that in case any purser shall be found to make any false muster , or shall muster any captain , officer , or mariner by a false name , or make any false ticket , such purser shall forfeit his or their respective wages , and be imprisoned the space of six moneths , and in such case the commissioners appointed by this act , or any two of them , are hereby impowred to commit them to prison accordingly . xiii . that upon discharge of any of the commanders , officers , and mariners of the navy aforesaid ; all the said commanders , officers , and mariners , shall deliver up all their respective ships , guns , masts , sayles , yards , anchors , cables , tackle , apparrel , provisions , ammunition and stores , which are in their possessions , for his majesties use , unto such person or persons , as his majesty , or the lord high admiral of england , shall appoint to receive the same ; and if any commanders , officers , or sea-men , shall refuse to be discharged , or to deliver up the stores aforesaid , or shall be found , upon due proof , to have embezled any part thereof , or do disswade others from being discharged , he or they so offending , shall forfeit all his and their arrears , and be further proceeded against , according to their demerit . xiiii . that the said commissioners , or any thrée of them as aforesaid , shall have power to nominate , appoint , and imploy such clerks , agents , messengers and servants , as shall be necessary for the said work , and to make and give to them such reasonable sallaryes , allowances and satisfactions as they shall think fit ; and also to provide all other necessaries , and to defray all other charges relating to the fame . xv. that the commissioners formerly nominated by the house of commons , and by this act continued and appointed for this service , shall have and receive for their charge and pains in and about this service , one penny in the pound , and no more , out of all such monies as shall be issued by vertue of this act ; and each of the auditors aforesaid shall receive for his pains and charges , in and about this service , the sum of twenty shillings per diem , during the continuance of this service , which the treasurers of the aforesaid monies , are hereby enabled and required to issue and pay accordingly . xvi . that the commissioners shall direct the said treasurers from time to time to grant assignations ( who are hereby required to observe the same ) for such and so many sums of money on the respective receivers or treasurers for raising money by the act aforesaid in the several counties , cities , or places , where they understand any of the said money lies , as the commissioners for disbanding the army and navy , or any threé or more of them as aforesaid , shall direct and appoint to such persons , and in such manner as the said commissioners , or any threé or more of them as aforesaid , shall direct and appoint . xvii . that the commissioners herein named , or any thrée of them , shall and are hereby authorized to call to accompt the present treasurers in this act named : and iames nelthorpe , and iohn lawson esquires , late treasurers at wars , or any other former treasurers , or commissioners of the army , or navy ; for all such sums of money , as they or any of them stand accomptable for , and to certifie the same accompts into his majesties exchequer . anno regni caroli ij. regis angliae , scotiae , franciae , & hiberniae , duo decimo . at the parliament begun at westminster the five and twentieth day of april , an. dom. . in the twelfth year of the reign of our most gracious soveraign lord charles , by the grace of god , of england , scotland , france , and ireland , king , defender of the faith , &c. london , printed by iohn bill , printer to the kings most excellent majesty , . cum privilegio . anno xii . caroli . ii. regis . an act for further supplying and explaining certain defects in an act , intituled , an act for the speedy provision of money for disbanding and paying off the forces of this kingdom , both by land and sea. whereas through some doubts arising upon or by negligence in the execution of one act of this present parliament , intituled , an act for the speedy provision of money for the disbanding and paying off the forces of this kingdom both by land and sea : and also of one other act , intituled , an act for supplying and explaining certain defects in the aforesaid act : the same acts do not answer the ends aforesaid , in such measure as was expected , without some further explanation of the sence thereof , and a review of the several assessments made thereby , so that some persons may not escape without payment at all , or go away at very small proportions , whilst others pay their just and full due . it is therefore enacted and declared by the kings most excellent majesty , by , and with the consent and advice of the lords and commons in parliament assembled , and by the authority of the ●ame , that all and every person and persons of the several ranks , degrées , and qualifications in the said act or acts mentioned , shall contribute and pay the several and respective sums of money therein appointed to be paid ( any pretence of e●emption , being the kings majesties servants , to the contrary notwithstanding : ) and also that every person and persons , ecclesiastical and temporal , bodies politick and corporate , shall pay for their estates , both real and personal , the sum of forty shillings for one hundred pounds per annum , and so proportionably for a greater or lesser estate , and for every hundred pounds personal estate , after the rate of five pounds per annum ; provided it extend not to estates under five pounds per annum . and to the intent the same may be equally and indifferently assessed and taxed , be it further enacted and declared by the authority aforesaid , that the several commissioners in the said act named , or any three of them , within their several and respective counties , limits and precincts , shall have power to nominate and appoint two or more of the most able and discréet persons in every parish , villa● or hamlet , to review the several rates 〈◊〉 ass●ssments that have been made in their several and respective parishes , villages and hamlets . and where they shall finde that by the negligence , or default of any former assessors , any persons or estates have béen under rated , or omitted to be rated , that then they shall rate and assess all such persons and estates , so under-rated or omitted , to the full value they are to be rated and assessed at , either for their degrées , persons , or estates , by this or the former acts to that purpose made in this present parliament , or shall by the appointment at the discretion of the said commissioners make new assessments or rates , and shall return the same or their said additional rates at such places and times as the said commissioners ; or any thrée of them shall appoint . and it is further enacted and declared by the authority aforesaid , that every sworn attorney , or clerk in the office of the clerk of the pipe in the exchequer ; and euery attorney belonging to the office of the lord treas●rers remembrancer , shall pay twenty nobles apéece . and be it further enacted and declared , that every barrester at law , and every other person or persons that hath or have subscribed to any deed or writing wherein he or they have béen written or entituled esquire , or that hath or have acted by vertue of any commission or pretended commission , act , or pretended acts of parliament , wherein they have before the sitting of this parliament , béen written or entituled esquire , shall pay as reputed esquires within the said acts. and to the intent that none that have or shall pay his or their due proportions . that he or they ought to pay in respect of his or their quality or degrée , may be doubly charged , every person that hath or shall pay his full proportion for his or her degrée , and quality , the same excéeding the proportion of his or her estate , real and personal , shall by certificate under the hands and seals of 〈◊〉 or more of the commissioners within the same county or precinets where such sum hath o● shall be paid , be discharged from further payment for his or her estate , so that it be particularly expressed in every such certificates where such estate lieth , and the several and respective values thereof ; so that it may appear , that his or her proportion for his or her degrée or quality doth exceed that of his or her estate ; and also where any person or persons , bodies politick or corporate , have paid , or shall pay for his , her , or their estate , in one or more counties , he or they shall by like certificate or certificates be discharged in other places for so much and such values specially mentioned to be paid in the said certificates , and no more . and be it enacted and declared by the authority aforesaid , that the said commissioners or any threé or more of them within their several precincts , shall and may have power to inquire of , hear and determine all abuses , neglects , and misdoings of all and every the assessors and collectors to be imployed by vertue of this or the said precedent acts ; and shall have power to impose any fine or fines upon them or any of them , whom they shall be well informed ( by the oath of two or more credible witnesses , which oath they or any two of them are hereby impowred to administer ) to offend from and after the twentieth day of december , one thousand six hundred and sixty , in not performing their duties in their respective employments . provided , that no such fine shall excéed the sum of five pounds for one offence ; and that such commissioners who shall set or impose such ●ine or ●ines , shall have full power by warrant under their hands and seals , to command the several constables or tythingmen , which in the several and respective places where such person or persons have their habitation or above , upon whom such fine or fines is or are imposed , to levy the same by distress upon the goods of such person or persons refusing to pay the same , and to return the overplus thereof ( if any be ) deducting also reasonable charges for taking such distress , to the owner or owners of such goods ; and every such fine shall be imployed to the same purposes as the moneys raised by the said former acts are appointed : and also in case no distress can be found or had for satisfying such fine , and in case no distress can be taken by the collectors or other officers appointed to distrain , for the taxes or assessments by vertue of the said former act or acts , that in every such default , upon complaint to the said commissioners , or any threé of them , within their several and respective limits , the said commissioners , or any thrée of them , shall have full power and authority to cause every such person from whom no distress can be had , to be committed to the next common gaol , there to remain until he hath fully satisfied and paid such sum or sums of money , which ought to be charged upon him , by vertue of this and the said former acts , without bail or main-prize . and be it further enacted and declared , that the commissioners of every county and place respectively shall make up a true accompt of the sums onely of every hundred , lath , wapentake or ward , rated and assessed by the said former acts , together with the additional sums that shall be rated by vertue of this present act severally within their several counties , limits , and precincts , without naming the particular persons or estates , and shall shew what hath been paid thereof , and to what person and persons and what hath been discharged by such certificates as are appointed by this act , and what is in arrear and upaid , and shall return the same unto his majesties court of exchequer , before the second day of march next ; and in so doing they shall not be compelled to make or return any other accompt , duplicate , or certificate . and it is further enacted and declared . that the true and full yearly value of all lands , tenements , rents , tithes , and other hereditaments , shall be rated and assessed in manner aforesaid , in the several parishes , villages , or hamlets , where the same are scituate , lying , or arising . and be it further declared , that every sum charged upon , and paid by any person , by vertue of the said former acts or either of them , by reason of estate , degrée , or quality , shall be allowed and deducted out of such further charge , as shall be imposed upon him or her , by vertue of this present act. lastly , it is enacted and declared , that whosoever is sued at law for any act done , or to be done in the due execution of this or either of the said former acts , he may plead the general issue , and give the special matter in evidence : and if the plaintiff be nonsuit , or a verdict pass against any such plaintiff or plaintiffs in any such action , the defendant shall and may recover his double costs . provided always , and be it enacted , that this act or any thing therein contained , shall not extend to any peer of this realm , in point of assessment imprisonment , distress , or otherwise , provision being made in the said first recited act , for the assessing of the said péers , by certain péers , who are therein named and appointed in that behalf . and be it further enacted , that the lord chancellor , the lord treasurer , the lord steward of his majesties houshold , lord chamberlain of his majesties houshold , the earl of northampton , lord howard of charleton , the lord roberts , the lord grey of wark , the lord craven , the lord mohun , and the lord hatton , be added to the péers named in the said first recited act for the assessing of the péers , according to the said recited act : which said lords commissioners , or any five of them , in this and the former act named , shall have power to assess , levy , and collect ; and shall assess , levy , and collect , all such sums of money as shall be assessed according to the tenor of this and the former act , upon such péers who have not paid proportionably to their estates . and be it declared and enacted by the authority aforesaid , that these persons hereafter named , shall be added commissioners for their several counties , places , and precincts respectively , and shall exercise the same power as if they had béen named in the said former acts , or either of them . berks. for the county of berks , perigrine hobby , richard harrison esqs . iohn fettiplace , of fernhamesq . burrough of new windsor . andrew plumton gent. richard fishborne gent. bucks . for the county of bucks , sir thomas hampson baronet , sir phillip palmer baronet , anthony ra●cliffe esq . cambridge . for the county of cambridge , sir thomas dayrell , iohn bennet esq . sir anthony cage , levinus bennett . for the isle of ely. for the isle of ely , roger jennings , esq . chester . for the county of chester , sir george warberton baronet , edward warren esq . jeffery shakerly esq . henry lee esq ; city of chester . for the city and county of the city of chester , the major for the time being . cornwall . for the county of cornwall , robert roberts , esq . sir william thredinham , jo●eph tredinham , thomas penhallow , the knights and burgesses that serve for the said county , and iames eirsey gent. cumberland . for the county of cumberland , anthony bouch , richard ●urial , thomas croswhat , robert vvebster . devon. for the county of devon , nicholas daviesdoctor of physick , vvilliam jennins gent. edmond tremaine , vvilliam putt , iohn kellond , vvilliam bogan , george howard , iohn kelley , vvilliam kelley , iames rodd esqs . york . for the west riding in the county of york , vvestbury norcon esq . robert vvivell esq . richard roundhill gent. vvilliam hamond esq . vvalter hawkesworth , esq . cutbert vvade . iohn ●reston gent. arthur ingram esq , edward atkin●● , vvilliam vvitham gent. samuel sonder●●nd , esq . thomas vvard gent. sir william ●●gram knight . york northriding . for the northriding in the county of york , sir william caley , arthur caley esq . william wivell esq . sir tho. gower baronet , thomas vvorsley esq . charles tankred , sir william francklyn baronet , the bailiffs of scarborough for the time being , tristram fish , robert belt , esquires , thomas robinson , thomas scudamore esquires . york . for the city and county of the city of york , all the aldermen of the city of york . for the town of kingston upon hull , george crowle . essex . for the county of essex , mr. edward glascock , mr. miles hubbert , mr. iohn smart , capt. hunter , dean tindal esq . isaac wincoll , thomas clapton , thomas peek , peter iohnson , thomas manby esqs . gloucester . for the county of gloucester , thomas freame , tho. floyde , samuel shepard , phillip shepard , vvilliam morgan , richard daston , iohn took●esqs . robert lord tracy . hereford . for the county of hereford , sir herbert parretknight , john barnaby of brookehampton esq . thomas baskervile of collington gent. john boothof hereford esq . city of hereford . for the city of hereford , thomas davies esq . major , james lawrence gent. tho. clerk gent. hertford . for the county of hertford , marmaduke rawden , iames willimott iunior gent. arras dr. of physick , richard combes esq . st. albans . for the borrough of st. albans , william foxwistesq . recorder , mr. iohn new , mr. edward eames , mr. thomas cowley senior , mr. william marston , henry conningsby , edmond smith , alban cox , richard combes esq . kent . for the county of kent , sir william mann , sir edward masters , thomas peake esq . sir tho. godfrey , the major of maydston for the time being , sir william merideth baronet , sir thomas peirce baronet , mr. richard manley , mr. thomas manley . sandwich . for sandwich , iohn verrier , peter peake gent. lancaster . for the county of lancaster , henry banister esq . ieoffry rushton gent. richard fleetwood gent. iohn molineux esq . vvilliam fife esq . sir george middleton knight and baronet , mathew richardson esq . robert heywood esq . roger stoughton of the city of london , alderman . lincoln . for the parts of linsey in the county of lincolne , edward turney , william lister , esqs , sir robert dallison baronet , sir charles dallison knight . great grimsby . for great grim●by , william draper , samuel proctor . for the parts of kestivan , william thompson , humphrey walcot . london . for the city of london , nicholas delves esq . middlesex . for the county of middlesex , sir iohn robinsonbaronet , lieutenant of the tower , sir richard browne , thomas bide , thomas harrisonof south-mims , sir vvilliam bateman , lieut. col. powel , charles pitfield esq . robert peyton , iohn iones , iohn limbrey , edward chard , richard shelton esqs . vvilliam page esq . roger genningsesq . richard meney . westminster . for the city of vvestminster , and liberties thereof , gabriel beck esq . mr. graham , peter maplesden , george plunknet , thomas ki●ke , william greene , george farewell , ralph darnell . northampton . for the county of northampton edward onely , iohn thornton , iohn vvilloughby esqs . norfolk . for the county of norfolk , george windham , robert doughty of hanworth , robert legar , esquires , henry scarborough gent. mr. john ripps , mr. thomas talbot , mr. henry black-borne , gent. borough of lyn regis . for the borough of lyn regis , john bassetmajor , robert steward esq ; recorder , thomas greene , william wharton , henry bell. great yarmouth . for the town of great yarmouth , nicholas cutting , james simonds bailiff there , sir john potts knight and baronet , sir william doyleyknight , sir thomas medow knight , thomas gooch , george england , john carter , nathaniel ashby , thomas lucas , iohn woodroff , iames iohnson esquires , george tilyard gent. thetford . for the whole borough and corporation of thetford , the major for the time being , john kendal gent. mr. bourage martin , maurice shelton , esquires , mr. robert keddington gent. mr. nicholas rookwood , mr. robert wright of kilveston . newcastle upon tine . for the town and county of newcastle upon tine , sir iohn marley . nottingham . for the town of nottingham , francis sandisesq ; thomas bristow , william newton , gentlemen . east-retford . for the borrough of east-retford , the bailiffs for the time being . oxon. for the county of oxon , william glyn , john west , esquires , iohn coker gent. iames herbertesq ; sir thomas tippin . university of oxford . mr. robert withers , mr. edward master , mr. david thomas , mr. gregory ballard , mr. timothy horton . the city of oxford . for the city of oxford , francis holloway , william cornish . salop. for the county of salop , charles baldwin , samuel baldwin , esquires , mr. moore of middleton , mr. bishop of the moore , benjamin buckley . stafford . for the county of stafford , thomas rudiardesq ; iohn colclough , timothy edge , gentlemen . somerset . for the county of somerset , william orangeesq ; vvilliam bacon senior , gent. iohn cridlandgent . mawdley samborne , iohn carew , roger newborough , iames haise , esquires . the city of bristol . for the city and county of the city of bristol , the major and sheriffs for the time being , iohn knight the elder , vvilliam coulston , iohn bradway , vvilliam cole . for the city of bathe , iohn vane , iohn masters , aldermen . southampton . for the county of southampton , with the town and county , mr. essex powlet , richard lucy , gabriel vvhistler , esqs ; isle of wight . for the isle of vvight , thomas bowreman esq ; iohn oglander of newport gentleman . suffolk . for the county of suffolk , george vviniffe , william blumfield , esquires . surrey . for the county of surrey , edward evelin , iohn yates , richard knipe , esquires , mr. iohn parker , sir purbeck temple knight , earle of ancram , henry capel . dalinahey esq . iohn farewell , doctor windebanck . for the town of rye . samuel bembrigg , iames vvelsh , thomas osmonton . coventry . for the city and county of the city of coventry , sir arthur caley knight , the major of coventry for the time being , henry smith alderman . town of warwick . for the town of warwick , sir henry puckeringbaronet , sir clement throckmortonknight , iohn rouse , nathaniel stoughton , iohn stanton esquires . wilts . for the county of wilts , waltor buckland , thomas mompesson , william caley esqs . m●tthew rayman gent. tho. hunt gent. robert challoner , robert nicholas of alcainings , william broomwichgent . samuel eyre gent. simon spatchhurstesq . christopher gardiner gent. sarum . for the city of new sarum , samuel eyre gent. simon spatchhurst esq . christopher gardiner esq . anglesey . for the isle of anglesey , robert , lord viscount bulkley . cardigan . for the county of cardigan , iames phillips , morgan herbert , thomas ienkins , erasmus lloyde , thomas evans , henry vaughan , thomas price the elder , esquires ; thomas lloyde of ymshen , maurice vaughan , iohn price gentmen . carnarvan . for the county of carnarvan , griffith bodurda , john lloyde of na●gwnnadale , robert wynn of conway , william vvynn of pengwoone , vvilliam thomas of carnarvan , ionathan lloyde , vvalter lloyde , vvalter mansell . denbigh . for the county of denbigh , francis weanly esq ; flint . for the county of flint , kenrick eaton , esq ; mountgomery . for the county of mountgomery , haverford-west . for the town and county of haverford-west , sir herbert perrot , knight , vvilliam browne , alderman . anno xii . caroli ii. regis . an act for the raising of seventy thousand pounds for the further supply of his majesty . the commons assembled in parliament do give and grant unto your most excellent majesty , the sum of seventy thousand pounds to be raised and levyed in manner following , and do pray your majesty , that it may be enacted , & be it enacted by your most excellent majesty , by & with the advice & consent of the lords and commons in parliament assembled , that the sum of threescore and ten thousand pounds , for one month only , beginning from the first day of iuly , one thousand six hundred sixty and one , shall be assessed , taxed , collected , levied and paid in the several counties , cities , burroughs , towns , and places within england and wales , and the town of berwick upon tweede , according to the several rates , rules , and proportions , and in such manner and form , and by the same commissioners , as in and by a certain other act , passed this parliament , for raising the like sum of seventy thonsand pounds for one month only , beginning from the twenty ninth of september , one thousand six hundred and sixty , entituled an act for the speedy raising of seventy thousand pounds for the present supply of his majesty , are mentioned or referred unto and intended , which commissioners shall meet-upon or before the fifth day of iuly , one thousand six hundred sixty and one , and are hereby enabled and required to use and execute all and every the like powers and authorities , as in and by the said act are mentioned , or referred to , and intended as fully and amply , as if the same rates , rules , proportions , powers and authorities had been particularly inserted in this present act. and be it further enacted , by the authority aforesaid , that all and every the sums of money charged by this act , upon the several counties , cities , towns , burroughs and places aforesaid , shall be raised , levied , and paid into his majesties receipt of the exchequer , upon or before the first day of august , one thousand six hundred sixty one , by the several receive general , who shall be appointed by the said commissioners ; provided always , and it is hereby declared , that no mannors , lands , tenements and hereditaments , which were formerly assessed and taxed for and towards former assessments , and land-taxes , and are now in the possession or holding of his majesty , or of the queens highness , or of any ecclesiastical person or persons , or his , or their farmers and tenants , shall be exempted from the payment of the several sums of money in this act comprized , but that the said mannors , lands , tenements and hereditaments , shall be rated , assessed , and taxed for and towards the said several sums of money in this act comprized , in such manner and form as they were of late rated , taxed , and assessed for and toward the said former land-rates , any law , statute or custome to the contrary thereof , in any wise notwithstanding . provided always , that neither this act , nor any thing therein-contained , shall be drawn into example to the prejudice of the antient rights belonging to the peers of this realm . and be it declared and enacted by the authority aforesaid , that these persons hereafter named , shall be added commissioners for their several counties , places and precincts respectvely , and shall exercise the same powers as the other commissioners intended by this act , are authorized and impowred to do ; that is to say , berks. for the county of berks , peregrine hobby , richard harrison , esqs ; john fettiplace of ferne●amesq ; and samuel woodcox . borrough of new windsor . for the borrough of new windsor , andrew plumpton , richard firshburne , gent. bucks . for the county of bucks , william tirringham esq ; sir thomas hampson baronet , sir philip palmer baronet , thomas ratcliff esq ; cambridge . for the county of cambridge , sir thomas dayrell , john bennet esq ; sir anthony cage , levinus benner . isle of ely. for the isle of ely , roger jennings esq ; chester . for the county of chester , sir george warburton baronet , edward warren , jeffery shakerley , henry leigh , esqs ; city of chester . for the city and county of the city of chester , the major for the time being . cornwal . for the county of cornwal , robert roberts esq ; sir william tredinham , joseph tredinham , thomas penhallow , the knights and burgesses that serve for the said county , and iames eirsey gent. the major of lostwithel for the time being , iohn mollesworth esq william williams of trenythen . cumberland . for the county of cumberland , mr. anthony bouch , mr. richard uriell , mr. thomas croswhat , mr. robert webster . devon. for the county of devon , nicholas daviesdoctor of physick , william jennens gent. edmond tremayne , william putt , john kellond , william bogan , george howard , iohn kelly , iames rodd esquires , walter jago , francis drew , esq ; william walrond esq ; john blagdon gent. iohn hamm gent. henry newte . york . for the west-riding in the county of york , welbury norton , robert wivell esquires , richard roundhil gent. william hamond , walter hawksworth esquires , cuthbert wade , iohn preston gent. arthur ingram esq ; edward atkinson , william witham gent. samuel sunderlandesq ; thomas ward gent. sir william ingram knight , sir john goodrick baronet , sir tho. wentworth , sir edward rodes , knights , godfrey copley of ●p●otsbrough , john clayton , ioshua horton , thomas stringer esqs . the alderman of leedes for the time being . york northriding . for the northriding in the county of york , sir william caley , arthur caley esq . william wivell esq . sir tho. gower baronet , thomas vvorsley , charles tankred csqs . sir william francklyn baronet , the bailiffs of scarboroughfor the time being , tristram fish , robert belt , esqs . tho. robinson , thomas scudamore esqs . york city . for the city and county of the city of york , all the aldermen of the city of york . kingston upon hull . for the town of kingston upon hull , mr. george crowle . essex . for the county of essex , mr. edward glascock , mr. miles hubbert , mr. iohn smart , capt. hunter , dean tindal esq . isaac wincall , thomas clopton , thomas peek , peter iohnson , thomas manby esqs . glocester . for the county of glocester , thomas freame , tho. floyde , samuel sheppard , phillip sheppard , vvilliam morgan , richard daston , iohn tookeesqs . robert lord tracy , thomas morgan esq . sir nicholas throckmorton knight , vvilliam bromage gent. vvilliam vvinter of dimmockgent . richard matchen gent. iohn winnyatgent . thomas aylway gent. hereford . for the county of hereford , sir herbert parretknight , john barnaby of brookehampton esq . thomas baskervile of collington gent. john boothof hereford esq . city of hereford . for the city of hereford , thomas davies esq . major , james lawrence gent. tho. clerk gent. hertford . for the county of hertford , marmaduke rawden , iames willimott iunior gent. thomas a●asdr . of physick , richard combes esq . sir robert io●lyn knight , thomas coppin , edward briscoe , iohn halsie esqs . mr. fetherston of blackeswere , edward brograve , ralph gore , thomas brograve , edward cason , thomas bonest , henry becher , henry chancey , george bromley , alexander meade , iohn crouch , iames willimott iunior , george poyner gent. iohn iesson esq . sir edward alston knight . st. albans . for the borrough of st. albans , william foxwistesq . recorder , mr. iohn new , mr. edward eames , mr. thomas cowley senior , mr. william marston , sir henry conningsby , edmond smith , alban cox , richard combes esq . thom. marsto●gent . kent . for the county of kent , sir willi●m mann , sir edward masters , thomas peake esq . sir tho. god●rey , the major of maydston for the time being , sir william merideth baronet , sir thomas peirse baronet , mr. richard manley , mr. thomas manley . sandwich . for the town of sandwich , iohn verrier , peter peke gent. lancaster . for the county of lancaster , henry banisteresq . ieoffry rushton gent. richard fleetwoodgent . iohn molineux esq . vvilliam fife esq . sir george middleton knight and baronet , mathew richardson esq . robert heywood esq . roger stowton of the city of london , thomas butler , richard farrington , vvilliam vvall , william turner , henry brabin , vvilliam hodgkensongent . lincoln . for the county of lincoln , and city and county of the same , edward turney , william lister , esqs , sir robert dallison baronet , sir charles dallison knight , william draper , samuel proctor , william thompson , humphrey walcot , thomas mills , michael dalton , iohn watson , william willoughby , henry heron , marmaduke darrel , iohn ogle , anthony treadway , william skipwith , thomas browne of eastkirby , iohn almore , mr. skinner of thornton colledge , tho. harrington , william whichcot , charles pelhamiunior , roger pelham , mr. iohn lockton , mr. iohn hobson iunior , mr. henry hall. mr. charles pawdes , mr. iohn colthurst , mr. william bishop , and mr. edward blaw , aldermen , mr. william perkins , mr. thomas mills , mr. peregrine buck , mr. william dowman , mr. thomas dickenson , mr. iohn thornton , and richard wetherel , aldermen . london . for the city of london , nicholas delves esq . benjamin albin , richard spencer . middlesex . for the county of middlesex , sir iohn robinsonbaronet , lieutenant of the tower , sir richard browne , thomas bide , thomas harrisonof south-mins , sir vvilliam bateman , lieut. col. powel , charles pitfield esq . robert peyton , iohn iones , iohn limbrey , edward chard , richard shelton esqs . vvilliam page esq . roger iennynsesq . sir heneage finch baronet , his majesties sollicitor general , cheney of hackneyesq . lieut. col. powel , charles cheney of chelsey , christopher abdy esq . sir allen broadricke , iohn barton esq . westminster . for the city of vvestminster , and liberties thereof , gabriel beck esq . mr. glaham , peter maplesden , george plunknet , thomas kirke , vvill. greene , george farewell , ralph darnell . monmouth . for the county of monmouth , vvilliam ionesof frowen esq . iames proger , charles proger . northampton . for the county of northampton , edward onely , iohn thorton , iohn vvilloughby esqs . norfolk . for the county of norfolk , george windham , robert doug●ty of hanworth , robert legat , esquires , henry scarborough gent. mr. john kepps , mr. thomas talbot , mr. henry blackborne , gent. borough of lyn regis . for the borough of lyn regis , john bassetmajor , robert steward esq ; recorder , thomas greene , william wharton , henry bell , robert thorowgood , alderman holley . great yarmouth . for the town of great yarmouth , nicholas cutting , james simonds bailiff there , sir john potts knight and baronet , sir william doyley knight , sir thomas me●ow knight , thomas gooch , george england , john carter , nathaniel ashby , thomas lucas , iohn woodroff , iames iohnson esquires , george tilyard gent. theftford . for the whole borough and corporation of theftford , the major for the time being , john kendal gent. mr. bourage m●rtin , maurice helton , esquires , robert keddington gent. mr. nicholas rookwood , mr. robert wright of kilveston . newcastle upon tine . for the town and county of newcastle upon tine , sir iohn marley , sir nicholas cole knight , and baronet , sir francis bows knight , sir francis anderson knight . nottingham . for the county of nottingham , francis sandisesq ; thomas bristow , william newton , gentlemen . east-retford . for the borrough of east-retford , the bailiffs for the time being . oxon. for the county of oxon , william glyn , john west , esquires , iohn coker gent. iames herbert esq ; sir thomas tippin . university of oxford . mr. robert withers , mr. edward master , mr. david thomas , mr. gregory ballard , mr. timothy horton . the city of oxford . for the city of oxford , francis holloway , william cornish . salop. for the county of salop , charles baldwin , samuel baldwin , esquires , mr. moore of middleton , mr. bishop of the moore , benjamin buckley . stafford . for the county of stafford , thomas rudiardesq ; iohn colclough , timothy edge , gentlemen . somerset . for the county of somerset , william orangeesq ; vvilliam bacon senior , gent. iohn oridland gent. mawdley samborne , iohn c●rew , roger newborough , iames haise , esquires . for the city of bristol . for the city and county of the city of bristol , the major and sheriffs for the time being , iohn knight the elder , vvilliam coulston , iohn bradway , vvilliam coles . for the city of bathe . for the city of bathe , iohn peirce , iohn masters , aldermen . southampton . for the county of southampton , with the town and county , mr. essex powlet , richard lucy , gabriel vvhistler , ess isle of wight . for the isle of vvight , thomas bowremanesq ; iohn oglander of newport gentleman . suffolk . for the county of suffolk , george vviniffe , william blumfield , esquires , mr. iohn brooke , mr. milton of ipswich , mr. edmond bedingfield , mr. francis langley , mr. thomas read , mr. rabbit of bramfield , isaac motham esquire , gardiner web gent. st. edmonds bury . for st. edmonds bury , francis smith , robert sharpe , samuel hustler . surrey . for the county of surrey , edward evelin , iohn yates , richard knipe , esquires , mr. iohn parker , sir purbeck temple , sir thomas bludworth , knights , thomas rogers , charles good-harman-atwood , esquires , iohn parker of rigate . rye in the county of sussex . for the town of rye , samuel bembrigg , iames vvelsh , thomas osmonton . worcester . for the county of worcester , sir iohn packingtonbaronet , sir rowland berkley knight , sir iohn winford knight , samuel sandys , henry townsend , iohn bearcroft , esquires , sir ralph clare , knight of the bath . worcester city . for the city and county of the city of worcestor , edward soley alderman , samuel smith , thomas twitty , gentlemen , henry townsendesq ; sir william mooreton knight , humphrey tyrer , richard heming , stephen richardson , gentlemen , sir iohn packington , sir rowland berkley , sir ralph clare , sir iohn winford , samuel sandys esq ; warwick . for the county of vvarwick , listerof alveston esq . richard bishop of stratford esq . coventry . for the city and county of the city of coventry , sir arthur caley knight , the major of coventry for the tune being , henry smith alderman , sir richard hopkins knight , william iesson , thomas norton esqs . mr. thomas love , mathew smith , samuel snell , william ielliffe , robert beak , iames nailer aldermen . town of warwick . for the town of warwick , sir henry puckeringbaronet , sir clement throckmortonknight , iohn rouse , nathaniel stoughton , iohn stanton esqs . lister of alveston esq . richard bishop of stratford . wilts . for the county of wilts , walter buckland , thomas mompesson , william caley esqs . mathew rayman gent. tho. hunt gent. robert chandler , robert nicholas of alcainings , william broomewichgent . samuel eyre gent. simon spatchhurstesq . christopher gardiner gent. mr. francis parry . sarum . for the city of new sarum , samuel eyre gent. simon spatchhurst esq . christopher gardiner gent. anglesey . for the isle of anglesey , robert lord viscount bulkley . cardigan . for the county of cardigan , iames phillips , morgan herbert , thomas ienkins , erasmus lloyde , thomas evans , henry vaughan , thomas price the elder , esquires ; thomas lloyde of yinshen , morris vaughan , iohn price gentmen , tho parry , reighnold ienkins , iohn bowin , thomas lewis , hector phillips , nicholas lewis , vvilliam iones , abel griffin , esqs , vvactkin lloyde , iohn 〈◊〉 of noyadd , gentlemen ; the major of cardiganfor the time being , rees gwin , david morgan , aldermen . carmarthen . for the county of carmarthen , jonathan lloyde , walter lloyde , walter mansell . carnarvon . for the county of carnarvon , griffith bodurda , john lloyde of nangwimadale , robert wynn of conway , william vvynn of pengwoone , vvilliam thomas of carnarvon , ionathan lloyde , vvalter lloyde , vvalter mansell . denbigh . for the county of denbigh , francis manlyesq ; flint . for the county of flint , kenrick eaton , esq ; glamorgan . for the county of glamorgan , iohn price , of courtcarne , morgan morgan , esq ; mountgomery . for the county of mountgomery , vvilliam oakely , edmond vvareing , david morrice , esqs ; iohn matthews , henry pursel , iohn kiffin , vvilliam price of lanligan , iohn lloyd of conway . haverford-west . for the town and county of haverford-west , sir herbert perrot , knight , vvilliam browne , alderman . anno xii . caroli ii. regis . an act for the attainder of several persons guilty of the horrid murther of his late sacred majestie king charles the first . in all humble manner shew unto your most excellent majestie , your majesties most dutifull and loyall subjects the lords and commons in parliament assembled , that the horrid and execrable murther of your majesties royal father , our late most gracious soveraign charles the first , of ever blessed and glorious memory , hath been committed by a party of wretched men , desperately wicked , and hardened in their impiety , who having first plotted and contrived the ruine and destruction of this excellent monarchy , and with it of the true , reformed protestant religion which had been so long protected by it and flourished under it , found it necessary in order to the carrying on of their pernicious and traiterous designs , to throw down all the bullwarks and fences of law , and to subvert the very being and constitution of parliament , that so they might at last make their way open for any further attempts upon the sacred person of his majesty himself ; and that for the more easie effecting thereof , they did first seduce some part of the then army into a compliance , and then kept the rest in subjection to them , partly for hopes of preferment , and chiefly for fear of losing their imployments and arrears ; until by these , and other more odious arts and devices , they had fully strengthened themselves , both in power and faction ; which being done , they did declare against all manner of treaties with the person of the king , even then while a treaty by advice of both houses of parliament was in being , remonstrate against the houses of parliament for such proceedings , seize upon his royal person while the commissioners were returned to the house of parliament with his answer , and when his concessions had been voted a ground for ●eace , seize upon the house of commons , seclude and imprison some members , force out others , and there being left but a small remnant of their own creatures ( not a tenth part of the whole ) did seek to shelter themselves by this weak pretence , under the name and authority of a parliament , and in that name labo●red to prosecute what was yet behinde and unfinished of their long intended treason and con●piracy ; 〈…〉 p●●pose they prepared an ordinance for erecting la w●d●gious and unheard of tribunal , which they called an high court of justices , for t●yal of his majesty ; and having easi● procur●● it to pass in their house of commons , as it then stood moulded , ventured to send it up from thence to the peers then sitting , who totally rejected it ; whereupon their rage and fury increasing , they presume to pass it alone as an act of the commons , and in the name of the commons of england ; and having gained the pretence of law , made by a power of their own making , pursue it with all possible force and cruelty , until at last , upon the thirtieth day of january , one thousand six hundred forty and eight , his sacred majesty was brought unto a scaffold , and there publickly murthered before the gates of his own royal palace ; and because by this horrid action the protestant religion hath received the greatest wound and reproach , and the people of england the most insupportable shame and infamy that it was possible for the enemies of god and the king to bring upon uswhilst the fanatick rage of a few miscreants ( who were as far from being true protestants , as they were from being true subjects ) stands imputed by our adversaries to the whole nation : we therefore your majesties said dutiful and loyal subjects , the lords and commons in parliament assembled , do hereby renounce , abominate , and protest against that impious fact , the execrable murther , and most unparallel● treason committed against the sacred person and life of our said late soveraign , your majesties most royal father , and all proceedings tending thereunto : and do beseech your most excellent majesty that it may be declared , and be it hereby declared , that by the undoubted and fundamental laws of this kingdom , neither the peers of this realm , nor the commons , nor both together in parliament , or out of parliament , nor the people collectively or presentatively , nor any other persons whatsoever ever had , have , hath , or ought to have any coercive power over the persons of the kings of this realm ; and for the better vindication of our selves to posterity , and as a lasting monument of our otherwise inexpressible detestation and abhorrency of this vilanous and abominable fact , we do further beseech your most excellent majesty , that it may be enacted , and be it hereby enacted by the kings most excellent majesty , by and with the advice and consent of the lords and commons in this present parliament assembled , that every thirtieth day of january , unless it falls out to be upon the lords day , and then the day next following , shall be for ever hereafter set apart to be kept and observed in all the churches and chappels of these your majesties kingdoms of england and ireland , dominion of wales , and town of berwick upon twede , and the iues of jersey and guernsey , and all other your majesties dominions , as an anniversary day of fasting and humiliation , to implore the mercy of god , that neither the guilt of that sacred and innocent ●●oud , one those other sins by which god was provoked to deliver up both us and our king into the hands of cruel and unreasonable men , may at any time hereafter be visited upon us or our posterity . and whereas oliver cromwel deceased , henry ireton deceased , john bradshaw deceased , and thomas pride deceased , john l●sle , william say , sir hardress waller , valentine wauton , thomas harrison , edward whally , william heveningham , isaac pennington , henry martin , john barkstead , gilbert millington , edmond ludlow , sir michael livesey , robert tichborne , owen rowe , robert lilborne , adrian scroop , john okey , john h●wson , william goffe , cornelius holland , thomas challoner , john carew , carew , john jones , miles corbet , henry smith , gregory clement , thomas wogan , edmond harvy , thomas scot , william cawley , john downes , nicholas love , vincent potter , augustine garland , john dixwell , george fleetwood , simon meyne , james temple , peter temple , daniel blagrave , thomas waite , john cooke , andrew broughton , edward dendy , william hewlet , hugh peters , francis hacker , daniel axtel , are notoriously known to have been wicked and active instruments in the prosecution and compassing that trayterous murther of his late majesty , for which the said sir hardress waller , thomas harrison , william heveningham , isaac pennington , henry martin , gilbert millington , robert tichborne , owen rowe , robert lilborne , adrian scroop , john carew , john jones , henry smith , gregory clement , edmond harvy , thomas scot , john downes , vincent potter , augustine garland , george fleetwood , simon meyne , james temple , peter temple , thomas waite , john cook , william hewlet , hugh peters , francis hacker , and daniel axtell , have already received their tryal at law , and by verdict , or their own confession , have been convicted , and by iudgement of law thereupon had , do now stand duely and legally attainted ; of whom , ten persons , that is to say , thomas harrison , adrian scroop , john carew , john jones , thomas scot , gregory clement , john cook , hugh peters , francis hacker , and daniel axtell , have most deservedly suffered the pains of death , and been executed according to law ; and the said john lisle , william say , valenti●e wauton , edward whally , john barkstead , edmond ludlow , sir michael livesey , john okey , john hewson , william goffe , cornelius holland , thomas challoner , miles corbet , william cawley , nicholas love , john dixwell , daniel blagrave , andrew broughton , and edward dendy , are fled from iustice ; not daring to abide a legal tryal : may it therefore please your maiesty that it may be enacted , and be it enacted by authority of this present parliament , that the said oliver cromwell deceased , henry ireton deceased , john bradshaw deceased , and thomas pride deceased , shall by vertue of this act , be adjudged to be convicted and attainted of high treason , to all intents and purposes , as if they , and every of them respectively had been attainted in their lives : and also that john lisle , william say , valentine wauton , edward whally , john barkstead , edmond ludlow , sir michael livesey , john okey , john hewson , william goffe , cornelius holland , thomas challoner , william cawley , miles corbet , nicholas love , john dixwell , daniel blagrave , andrew broughton , edward dendy , and every of them , stand and be adjudged , and by authority of this present act convicted and attainted of high treason ; and that all and every the mannors , messnages , lands , tenements , rents , reversions , remainders , possessions , rights , conditions , interests , offices , fees , annuities , and all other the hereditaments , leases for years , chattels real , and other things of that nature , whatsoever they be , of them the said oliver cromwell , henry ireton , john bradshaw , thomas pride , john lisle , william say , valentine w●uton , edward whally , john barkstead , edmond ludlow , sir michael livesey , john okey , john hewson , william goffe , cornelius holland , thomas challoner , william cawly , miles corbet , nicholas love , john dixwell , daniel blagrave , andrew broughton , edward dendy , thomas harrison , adrian scroop , john carew , john jones , thomas scot , gregory clement , hugh peters , francis hacker , iohn cook , daniel axtell , sir hardress waller , william heveningham , isaac pennington , henry martin , gilbert millington , robert tichborne , owen rowe , robert lilborne , henry smith , edmond harvy , iohn downs ▪ vincent potter , augustine garland , george fleetwood , simon meyne , iames temple , peter temple , thomas wayte , which they , or any of them , or any other person or persons , to their or any of their uses , or in trust for them , or any of them , had the five and twentieth day of march , in the year of our lord , one thousand six hundred forty and six , or at any time since , shall stand and be forfeited unto your majesty , your heirs and successors , and shall be deemed , vested , and adjudged to be in the actual and real possession of your majesty , without any office or inquisition thereof hereafter to be taken or found : and also , that all and every the goods , debts , and other the chattels personal whatsoever , of them the said oliver cromwell , henry ireton , iohn bradshaw , thomas pride , whereof at the time of their respective deaths , they , or any of them , or any other in trust for them or any of them , stood possessed in law or equity , and all the goods , debts , and other the chattels personal whatsoever of them the said iohn lisle , william say , valentine wauton , edward whalley , john barkstead , edmond ludlow , sir michael livesey , john okey , john hewson , william goffe , cornelius holland , thomas challoner , william cawly , miles corbet , nicholas love , john dixwell , andrew broughton , edward dendy , thomas harrison , adrian scroope , john carew , john jones , thomas scot , gregory clement , hugh peters , francis hacker , iohn cook , daniel axtell , sir hardress waller , william heveningham , isaac pennington , henry martin , gilbert millington , robert tichborne , owen rowe , robert lilborne , henry smith , edmond harvy , iohn downs , vincent potter , augustine garland , george fleetwood , simon meyne , iames temple , peter temple , thomas wayte , whereof upon the eleventh day of february , one thousand six hundred fifty nine , they or any of them , or any other in trust for them or any of them , stood possessed either in law or equity , shall be deemed and adjudged to be forfeited unto , and are hereby vested , and put into the actual and real possession of your majesty , without any further office or inquisition thereof hereafter to be taken or found . provided always , and be it enacted by the authority aforesaid , that no conveyance , assurance , grant , bargain , sale , charge , lease , assignment of lease , grants and surrenders by copy of court-roll , estate , interest , trust , or limitation of any vse or vses of or out of any manors , lands , tenements , or hereditaments , not being the lands nor hereditaments of the late king , queen or prince , or of any archbishops , bishops , deans , deans and chapters , nor being lands or hereditaments sold or given for the delinquency , or pretended delinquency of any person or persons whatsoever , by vertue or pretext of any act , order , ordinance , or reputed act , order or ordinance since the first day of ianuary , one thousand six hundred forty and one , nor any statute , iudgement or recognizance , had , made , acknowledged or suffered to any person or persons , bodies politick or corporate , before the twenty ninth day of september , one thousand six hundred fifty nine , by any of the offenders before in this act ▪ mentioned , or their heirs , or by any other person or persons claiming by , from , or under them or any of them , other then the wife or wives , childe or children , heir or heirs of such person or persons , or any of them , for money bona fide , to them or any of them paid or lent , nor any conveyance , assurance , grant or estate made before the twenty fifth of april one thousand six hundred and sixty , by any person or persons to any of the offenders aforesaid in trust ; and for the benefit of any other person or persons not being any of the offenders aforesaid , or in trust for any bodies politick or corporate , shall be impeached , defeated , made void or frustrated hereby , or by any of the convictions and attainders aforesaid ; but that the same shall be held and enjoyed by the purchasers , grantees , lessees , assigns , cestuy que usu , cestuy que trust , and every of them , their heirs , executors , administrators and assigns respectively , as if this act had not been made , and as if the said offenders had not been by this act , or by any other course or proceedings of law convicted or attainted ; so as the said conveyances , and all and every the grants and assurances which by vertue of this act , are , and ought to be held and enjoyed as aforesaid , shall before the first of ianuary , which shall be in the year of our lord , one thousand six hundred sixty and two , be entred and enrolled of record in his majesties court of exchequer , and not otherwise ; any thing in this act herein before contained to the contrary in any wise notwithstanding . provided always , and be it enacted by the authority aforesaid , that all and singular the mannors , lands , tenements and hereditaments , which at any time heretofore were the lands and possessions of henry late marquess of worcester , and edward now marquess of worcester , and henry lord herbert , son and heir apparent of the said edward marquess of worcester , or any of them ; whereof or wherein the said oliver cromwell , or any other person or persons in trust for him , or to his use , or any other the persons attainted by this act , or otherwise , or any person or persons in trust for them or any of them , had or claimed , or pretended to have any estate , right , title , possession or interest , at any time before or since the decease of the said oliver cromwell , shall be , and hereby are vested and setled in , and shall be held and enjoyed by the said marquess of vvorcester , and the said henry lord herbert , in such manner and form , and for such estate and estates , with such powers and priviledges as they formerly had in the same respectively ; any thing in this present act contained , or any act , conveyance or assurance heretofore made or acknowledged by the said edward marquess of vvorcester , and henry lord herbert or either of them , unto the said oliver cromwell , or any other person or persons in trust for , or to the use of the said oliver cromwell , or any act or conveyance made or done by the said oliver cromwell , or by any in trust for him , to any person whatsoever , to the contrary notwithstanding . saving always to all and every person and persons , bodies politick and others , their respective heirs , successors , executors and administrators , all such right , title and interest in law and equity , which they or any of them have or ought to have , of , into , or out of any the premisses , not being in trust for any the said offenders , nor derived by , from or under the said offenders , since the twenty fifth day of march , which was in the year of our lord , one thousand six hundred forty six ; and that they the said person and persons , bodies politick , and other their respective heirs , successors , executors and administrators , and every of them , in all and every such case where his and their entry was lawful , upon such offender or offenders , or the heirs or assigns of such offender or offenders , in or upon the said twenty fifth day of march , one thousand six hundred forty and six , or at any time since , may without petition , monstrans de droyt , onster le maine , or other suit to his majesty , enter on the premisses in his majesties possession , or in the possession of his successors and patentees , their heirs or assigns , in such manner to all intents , as he or they might have done on the possession of the said offenders , their heirs or assigns , in or upon the said twenty fifth day of march , or at any time since ; any thing in this act to the contrary in any wise notwithstanding . provided also , that all and every person and persons which have received any of the rents or mean profits , of , in , or out of any the lands , tenements and hereditaments , chattels real , or possessions of any the offender or offenders in this act mentioned , before the eleventh day of february , one thousand six hundred fifty and nine , and have paid or accounted for the same before the said eleventh day of february , one thousand six hundred fifty and nine , unto the said offender or offenders , or their assigns , or to any claiming from or under them , shall be clearly and for ever acquitted and discharged of and from the same , against the kings majesty , his heirs and successors , any thing herein contained to the contrary notwithstanding . provided always , that it shall and may be lawful to and for richard ingoldsby to retain and keep , or otherwise to sell and dispose all and singular the goods and chattels formerly belonging to sir hardress waller , in the kingdom of ireland , until two thousand pounds , for which the said richard ingoldsby in the year one thousand six hundred fifty eight , stood joyntly bound with the said six hardress waller , unto iames brooks of the city of york , alderman , and was then counter-secured by a iudgement upon his lands , and since by a deed of bargain and sale of the said goods and chattels in ireland , be fully paid , together with the interest thereof ; he the said richard ingoldsby accounting for , and paying the full overplus thereof , if any shall be , unto our soveraign lord the king ; any thing herein before contained to the contrary notwithstanding . anno xii . caroli ii. regis . an act for confirmation of leases and grants from colledges and hospitals . whereas since the beginning of the late troubles , divers masters , provosts , presidents , wardens , governours , rectors , principals , and other heads , fellows , and scholars of colledges , halls , or houses of learning , in either of the vniversities of oxford and cambridge , and the dean , canons and prevends of the cathedral or collegiat church or colledge of christ-church in the vniversity of oxford , and provest , warden , or other head-officer , and fellows or scholars of the ●olledges of eaton and winchester , and masters and governors , brethren , brothers and sisters of divers hospitals have been amoved ejected or sequestred by the lords and commons assem●led in parliament , or by certain visitors by them appointed , or by some conventions sitting at westminster under the name or stile of a parliament , or by some authority or pretence of authority derived from them or the late pretended and usurped powers , stiled keepers of the liberty of e●gland by authority of parliament , or protectors of the common-wealth of england scotland , and ireland , and the dominion or dominions and territories thereunto belonging . and whereas also after these amotions , ejections or sequestrations , several other persons have been either by election of the said colledges , halls , houses of learning , church or hospitals , or by some of the powers or pretended powers above mentioned placed and substituted in these masterships , headships , fellowships deanary , canories , prebendaries , governorships and other places aforesaid , who have actually exercised the same places and been de facto masters , provosts presidents , wardens , governours , rectors , principals and other heads , fellows , scholars , brethren , brothers and sisters , dean canons or prebends of such respective colledges , halls houses of learning , hospitals , cathedrall church or places , and have made divers grants by copy of court-roll , and leases and licences to let or assign grants and presentations to , and elections of divers persons , re-entries for non-payment of rent or breach of conditions , whereupon divers questions may in time to come arise . for prevention whereof , it is enacted by the kings most excellent majesty , with the advice and assent of the lords and commons in parliament assembled , and by authority of the same , that all grants by copy of court-roll , and leases and licences of setting and assigning grants and presentations ; and all elections of heads , masters , fellows , scholars , students and officers of the said ●olledges , halls , church , & houses of learning and hospitals aforesaid , into dead or other places then or since vacant , receipts and acquittances of rents incurred , entries for forfeitures or conditions broken , had made or given since the five and twentieth day of march in the year of our lord one thousand six hundred forty two , and before the five and twentieth day of july in the year of our lord one thousand six hundred and sixty , by any such masters , provosts , presidents , wardens , governors , rectors , principalls and other heads de facto of the said colledges , halls and houses of learning , and fellows , and scholars de facto of the same respectively in either of the said vniversities , or dean and canons or prebends de facto of christ church aforesaid , or master , provost or warden and fellows de facto of the colledges of eaton or winchester , or by such master , warden or governors de facto , or master , warden or governors , brethren brothers or sisters de facto of any hospital , by whatsoever particular name or stile of foundation the said colledges , church , hospitals , masters , governors , fellows , deans and canons , or prebends are stiled , founded , known or incorporated , and all leases granted by the master , warden , brethren , brothers or sisters of any hospitals of the patronage of any bishop , dean , or dean and chapter , and all surrenders to them made to inable such leases , grants and presentations , shall stand and be of the same and no other force and effect , as if the said masters , provosts , presidents , wardens , governors , rectors , principals , heads , fellows , scholars , dean , canons , prebends , brethren , brothers or sisters had been such de jure , and duly and de jure intituled in and to the said colledges , halls , houses of learning , church , hospitals , offices or places respectively , and as if such leases granted by the master & brethren of any hospital of the patronage of any bishop , dean or chapter had been confirmed by the said bishop , dean or chapter ; and that notwithstanding such defect in the said lessors or grantors , & notwithstanding the restitution of any of the persons so ejected , the rents , covenants and conditions contained in such leases and grants shall go in succession , as if such lessors or grantors had been de jure masters , provosts , presidents , wardens , governors , reetors , principals , heads , fellows , scholars , dean , canons , prebends , brethren , brothers and sisters of such colledges , halls , houses of learning , church , hospitals and places respectively ; any former law , custome or statute to the contrary notwithstanding . provided alwayes and be it enacted , that nothing in this acc contained do or shall extend to the confirming or making good of any lease or leases of any parcel or parcels of lands , tenements , pastures , houses , orchards , gardens or barns , or any of the possessions of or belonging to the hospitall of saint john baptist and the evangelist in the town of northhampton , made between the first day of september in the year of our lord one thousand six hundred fifty & five , and the five and twentieth day of july in the year of our lord one thousand six hundred fifty and eight , by the pretended master george g●odman and his co-brethren of the aforesaid hospital , by colour of any pretended grant or patent whatsoever , or notwithstanding the seal of the said hospital or corporation was to them or any of them set or affixed . provided alwayes , that this act or any thing therein contained , shall not extend to make good in law or equity any lease or leases made by simon moore clerk , late master or pretended master of the hospitall of saint oswald in the county of worcester , of any the lands , tenements and hereditaments of or belonging to the said hospital , to richard moore son of the said simon moore , or to any of the children or grand children of the said simon moore , or to any other person or persons in trust or for the use or uses of the said simon moore , or his wife , children or grandchildren , or any or either of them . provided alwayes , that no person or persons shall be confirmed in any mastership , provostship , headship , fellowship , or chaplains place in any colledge or hall in either of the vniversities of oxford or cambridge , or in the colledges of eaton and winchester , that is not ordained minister by bishops or presbyters ( or being ordained , hath since renounced his ordination ) where by the local statutes of the said respective colledges or halls ordination is required . provided alwayes , and be it enacted , that this act shall not extend to confirm any lease or leases of the rectories and parsonages of randall and littlecoates in the county of lincolne , which have long since been in the tenure or occupation of john lord culpeper , as by several leases under the seal of the master and fellows of the colledge of the holy and undivided trinity within the town and vniversity of cambridge of king henry the eights foundation may appear , and are now leased over the head of the said john lord culpeper the antient tenant , to one john west , though according to usage he claimed to renew his lease three years before the expiration thereof at the usual fines or more . but that the said john lord culpeper , his executors or administrators , reimbursing the said new tenant or lessee so much money as hath been really paid to the said colledge for the fine for such lease , they shall be admitted to renew the said lease for the said fine . provided alwayes , that whereas doctor owen late reputed dean , and the chapter of the cathedral church of christ in oxon of the foundation of king henry the eight , by their indenture dated the seventh day of august , in the year of our lord one thousand six hundred fifty seven , did lease and demise unto john arthur clerk , thomas bromefield of london esquire , and laurence marsh of darking in the county of surry esquire , certain tyths and lands parcel of the mannor and parsonage of kirkham in the county of lancast●r , and by several other indentures did lease and demise unto several other persons many other parts and portions of the said parsonage of kirkham ( which had long been in the tenure or occupation of thomas clifton esquire and his ancestors , by severall successive leases under the abbot and covent of vale royal , and the colledge of christ church aforesaid respectively ) for severall terms of years yet unexpired : be it enacted and ordained , that thomas clifton now of litham in the county of lancaster esquire , his executors and administrators , ( paying the several and respective rents reserved unto the said colledge , and securing unto the said john arthur , thomas bromefield , and laurence marsh , or the survivors or survivor of them , or the executors or executor of the survivor of them , for the uses in the said lease expressed and not otherwise , out of the premisses , the yearly summ of four hundred pounds , to be paid half yearly by equall portions , for the terme of eleven years next ensuing , and reimbursing unto the said several other lessees respectively or their respective assigns so much money as was by them respectively and truly paid for their respective fines , ) shall have and enjoy the said several demised premisses for the residue of the said several termes of years yet to come , as if the said several leases made unto them the said john arthur , thomas bromfeild , and laurence marsh , and unto the said severall other persons as aforesaid , had been legally made unto the said thomas clifton by a lawfull deane and chapter , this act or any other thing to the contrary notwithstanding . provided alwayes , that this act or any thing therein contained , shall not extend to confirm the election of any head , fellow , scholar or chaplain of any colledge or hall in either of the vniversities , that upon any other ground besides the want of episcopal ordination , is or was not capable of being elected into such place or places by the statures of the said colledge or hall , into which he or they were chosen . provided also , that this act or any thing therein contained , shal not extend to prejudice the title of any person or persons , who by letters patents under the great seal since the first day of may , and before the twenty sixth of august one thousand six hundred and sixty , have obtained from his majesty any grant of any deanery , headship of any house , rectorshiy of any colledge , canons place , prebendary , fellowship or scholarship within either of the vniversities , or the colledges of eaton , westminster , or winchester ; but that all and every the said grants and letters patents shall be of such , and no other force and effect , as the same should have been if this act had not been made , any thing in this act contained to the contrary notwithstanding . provided also , that this act or any thing therein contained , shall not extend to confirm any lease or estate made by john tombes clerk , of any lands , tenements , or hereditaments , belonging to the hospital of saint katharines in ledbury in the county of hereford , to any of the children of him the said john tombs , or to any other person or persons in trust for him or them , or any of them . provided alwayes , and be it enacted by the authority aforesaid , that neither this act , nor any thing therein contained , shall in any wise extend to confirm , or make good , any lease or leases made by vvilliam lenthal , pretended warden of the house of converts , belonging to the master of the rolls , since the thirtieth day of january , one thousand six hundred forty and two , of any houses or tenements thereto belonging , to the prejudice of john lord culpeper , his successors , lessees , or assigns , the said lord culpeper paying or reimbursing unto the said lessee or lessees of such houses or tenements , such monies as they or any of them have paid , with interest for the same , he or they discounting for the mean profits thereof . provided alwayes , that neither this act , nor any thing therein contained , shall extend to confirm vvilliam hook in the mastership of the kings majesties hospital of the savoy , nor to confirm or make good any lease of any lands or tenements belonging to the said hospital , made between the thirtieth day of january , in the year of our lord one thousand six hundred forty eight , and the first day of june , one thousand six hundred and sixty ; the master of the said hospital for the time being , allowing and reimbursing to all such lessees all such summ or summs of money , as they or any of them paid to the then master of the said hospitall by way of fine , at the time of such lease making , and interest for the same , and the said lessees and every of them disc●unting for the mean profits of the same . provided alwayes , and be it enacted by the authority aforesaid , that this act , or any thing herein contained , shall not extend to confirm or make good any lease or grant made , or mentioned to be made to any person or persons by john owen late dean , and others , canons , or pretended dean and canons of the colledge of christ church in the vniversity of oxford , or by any of them , of any the rectories , tythes , or gleab lands of hampton , wickenford , badsey , aldington , uffenha● , south-littleton , north littleton , and middle littleton , in the county of worcester , heretofore the possessions of henry late marquess of worcester , and dame anne his wife , or either of them , and whereo the said henry was dispossest for his allegiance and loyalty to his late majesty of blessed memory ; but that the executor or administrator of the said henry , shall and may be admitted to renew the leases of the said tythes , for such terme or terms , as the said dean and chapter of christ church are by law enabled to grant the same , the said executors or administrators satisfying and reimbursing to such person or persons , all such summ or summs of money , as he or they have payd for the said lease or leases , by way of fine , with interest for the same , the said person or persons discounting to the said executors or administrators , for the mean profits received thereupon . provided also , that this act , or any thing therein contained , shall not extend to confirm or make good any lease , leases , or estate made by any pretended dean and chapter , master or head of any colledge or hall in either of the vniversities , or of any pretended master or governors of any hospital , which said lease , leases or estate had not been good or effectual in law , had they been made by a lawful dean & chapter , master , head or governor of any colledge , hall or hospital aforesaid ; this act , or any thing herein contained to the contrary notwithstanding . provided also that this act , or any thing therein contained , shall not extend to confirm or make good any leafe or leases of the rectory or parsonage of arrington in the county of cambridge , which hath long been in the tenure and occupation of thomas ●hicheley esq ; and his ancestors , by several successive leases from the master and fellows of trinity colledge in cambridge ; nor shall confirm or make good any lease or leases of the rectory or parsonage of soham in the said county of cambridge , which hath likewise been , and still is in the occupation and possession of the said thomas chicheley , by lease from the master and fellows of pembroke hall in cambridge , but that the said thomas chicheley ( paying and reimbursing the several and respective tenants or lessees , the several and respective sums of money by them severally and respectively paid to the said colledge and hall , for or in the name of any fine or fines , for the making or granting such new lease or leases , with interest , discounting such rents and profits as by them respectively have been taken or received out of the premisses ) shall be restored to his said ancient possessions . and the said colledge and hall respectively shall be enabled to lease the said several rectories and parsonages , with their respective appurtenances , unto the said thomas chicheley ; this act , or any thing herein contained to the contrary thereof in any wise notwithstanding . provided alwayes , that neither this act , nor any thing therein contained , shall extend to restore any person or persons to any headship , fellowship , or scholarship of any colledge or hall , or to any chaplains or 〈◊〉 place , in any colledge or hall , in 〈…〉 the vniversities , or to any lecture or readers place , that is or shall be before the first day of january , one thousand six hundred and sixty , eiected out of their respective headship , fellowship , scholarship , chaplain or clerks-place , or out of any lecture in the said vniversities , by his majesties commissioners under the great seal , for not having been legally and according to the severall statutes of the said respective severall places nominated , elected or admitted in or to the same ; any thing in this act contained to the contrary notwithstanding . anno xii . caroli ii. regis . an act for prohibiting the exportation of wooll , woolfels , fullers earth , or any kind of scouring earth . for the better preventing and avoiding of such losses and inconveniencies as have happened , and daily do and may happen to the kingdome of england , and dominion of wales , and to the kingdome of ireland by and through the secret and subtile exportation and transportation , and by and through the secret and subtle carrying and conveighing away of wooll , woolfells , mortlings , sherlings , yarn made of wooll , woolflocks , fullers earth , and fulling clay , out of and from the kingdome and dominion aforesaid , and for the better setting on work the poor people and inhabitants of the kingdomes and dominion aforesaid . and to the intent that the full and best use and benefit of the principal native commodities of the same kingdomes and dominion may come , redound , and be unto and amongst the subjects and inhabitants of the same , and not unto or amongst the subjects and inhabitants of the realm of scotland , or of any foreign realms or states , as the same now of late in some great measure hath done , and is further likely to do , if some severer punishment then heretofore be not speedily inflicted upon such offenders , as shall be actors or assistants in and to such exportation and transportation , and in and to such carrying and conveying away thereof as aforesaid ; be it enacted by the kings most excellent majesty , the lords and commons in this present parliament assembled , and by the authority of the same , that no person or persons whatsoever , from and after the fourteenth day of january one thousand six hundred and threescore , shall directly or indirectly , export , transport , carry or convey , or cause or procure to be exported , transported , carried or conveyed out of , or from the kingdome of england , or dominion of wales , or town of barwick upon ●wede , or out of or from the isles of jersey or guernzey , with sarke and alderney , being under the government of guernzey aforesaid , or out of or from any of them , or out of , or from the kingdome of ireland aforesaid , into any parts or places out of the kingdomes , isles or dominion aforesaid , any sheep or wooll whatsoever , of the breed or growth of the kingdomes of england or ireland , or isles or dominion aforesaid ; or any wooll fells , mortlings or shorlings , or any yarn made of wooll , or any woolflocks , or any fullers earth , or any fulling clay whatsoever ; nor shall directly or indirectly pack or load , or cause to be packed or loaded upon any horse , cart , or other carriage , or load , or lay on board , or cause to be loaden or laid on board in any ship or other vessel , in any place or port within the kingdomes of england or ireland , or town of berwick , or isles , or dominion aforesaid , any such sheep , wooll , woolfells , mortlings , shorlings , yarn made of wooll or woollflocks , or any fullers earth or fulling clay , to the intent or purpose to export , transport , carry or convey the same , or to cause the same to be exported , transported , carryed or conveyed out of the kingdomes of england or ireland , town of berwick , isles or dominion aforesaid , or with intent or purpose , that any other person or persons should so export , transport , carry or convey the same into any parts or places out of the kingdomes of england and ireland , town of berwick , isles or dominion aforesaid , into the kingdome of scotland , or any foreign parts . and be it further enacted by the authority aforesaid , that no wooll , woolfells , mortlings , shorlings , yarn made of wooll , woollflocks , or any fullers earth , or fulling clay , shall be from and after the fourteenth day of january , in the year of our lord one thousand six hundred and threescore , exported , transported , carried or conveyed out of the kingdome of england and dominion of wales , or town of berwick , or kingdome of ireland , or out of any port or place of the said kingdomes respectively unto the isles of jersey or guernzey , or to sarke or alderney , except as in this act shall be hereafter limited or appointed . and be it further enacted by the authority aforesaid , that all and every the offender & offenders , offence and offences aforesaid , shall be subject and lyable to the respective pains , penalties and forfeitures hereafter following , that is to say , the said sheep , woolls , woolfels , mortlings , shorlings , yarn made of wooll , woolflocks , fullers earth , and fulling clay , so exported , transported , carryed , conveyed , packed or loaden contrary to the true intent of this act , shall be forfeited , and that every offender and offenders therein shall forfeit twenty shillings for every such sheep , and three shillings for every pound weight of such wooll , woolfels , mortlings , shorlings , yarn made of wool , wool-flocks , fullers earth , or fulling clay . and also the owners of the said ships or vessels knowing such offence , shall forfeit all their interest in the said ships or vessels , with all their apparel and furniture to them and every of them belonging . and that the master and mariners thereof , knowing such offence , and wittingly and willingly aiding and assisting thereunto , shall forfeit all their goods and chattels , and have imprisonment for the space of three moneths without bail or main-prise ; the one moiety of which said penalties and forfeitures shall be to the kings majesty , his heirs and successors ; and the other moiety to him that will sue for the same by action of debt , bill , plaint or information in any of his majesties courts of record , or before the iustices of assize , or in the general quarter sessions of the peace : in which suit , no essoyn , protection or wager of law shall be allowed . and be it further enacted , that if any merchant or other person or persons shall after the said fourteenth day of january transport or cause to be transported , any sheep , wool , wool-fels mortlings , shorlings , woollen-yarn , wool-flocks , fullers-earth or fulling-clay , contrary to the true intent of this act , and be thereof lawfully convicted , that then he shall be disabled to require any debt or accompt of any factor or others for or concerning any debt or estate properly belonging to such offendor . provided alwaies and it is nevertheless declared , that this act or any thing therein contained shall not be construed to take away any greater pains or penalties inflicted or to be inflicted for any the offences aforesaid by vertue of any former act of parliament now in force . and be it also further enacted by the authority aforesaid , that every offence that shall be done or committed contrary to this act , shall and may be inquired of and heard , examined , tryed and determined in the county where such sheep , wooll , wool-fels , mortlings , shorlings , yarn made of wooll , wool-flocks , fullers-earth , or fulling-clay respectively shall be so packed , loaden , or laid aboard as aforesaid contrary to this act , or else in the county where such offenders shall happen to be apprehended , or arrested for such offence , in such manner and form , and to such effect to all intents and purposes as if the same offence had been wholly and altogether done and committed at and in such county . provided alwaies and be it enacted by the authority aforesaid , that no person or persons whatsoever shall at any time hereafter be impeached for any offence aforesaid , unless such person or persons shall be prosecuted within the space of one year next ensuing such offence committed . and be it further enacted by the authority aforesaid , that it shall and may be lawfull to and for any person or persons to seize , take and challenge to his or their own use and behoof , and to the use of the king , his heirs and successors , all and all manner such sheep , wool , woolfels , mortlings , shorlings , yarn made of wool , wool-flocks , fullers-earth and fulling clay , as he or they shall happen to see , finde , know or discover to be laid aboard in any ship or other vessel or boat , or to be brought , carried or laid on shore at or near the sea or any navigable river or water , to the intent or purpose to be exported , transported or conveyed out of the kingdoms of england , or ireland , town of berwick , isles or dominion aforesaid contrary to the true meaning of this act , or to be packed or loaden upon any ●●orse , cart or other carriage , to the intent or purpose to be conveyed or carried into the kingdome of scotland aforesaid ; and that such person or persons as shall happen so to seize , take or challenge any such sheep , wooll , wool-fells , mortlings , shorlings , yarn made of wooll , woolflocks , fullers earth or fulling clay as aforesaid , shall have the full moiety thereof , to all intents and purposes . provided alwayes , that such person or persons as shall make any such seizure or challenge as aforesaid to his or their own use , shall not be admitted or allowed to give in evidence upon his or their oath or oathes against any person or persons , which shall happen to be indicted , accused or questioned by vertue of this act , or any thing therein contained . and furthermore be it enacted by the authority aforesaid . that all and every ship , vessel , hulke , barge or boat , of what kinde soever , whereof any alien born , or whereof any naturall born subjects not inhabiting within the realm of england , shall be owner or part owner , and wherein any sheep , wooll , wool-fells , mortlings , shorlings , yarn made of wooll , wooll-flocks , fullers earth , or fulling clay shall happen to be shipped , put or laid aboard contrary to the true meaning of this act , shall be forfeited to the kings majestie , his heirs and successors . provided alwayes , that this act shall not extend to any lamd skin ready drest , and prepared fit and usefull for furr or lynings . provided also , that this act shall not in any wise extend to the transporting , carrying or conveying away of any such wool-fells or pelts , with such vvooll upon them , or to any beds stuffed with flocks , which shall be carryed or imployed in any ship or other vessel for necessary use onely , of and about the ordnance or other thing in or concerning such ship or vessel , or onely for the necessary use of any the persons in such ship or vessell , passing or being , and which shall not be sold or uttered in any foreign parts , out of the kingdomes of england or ireland , or town of berwick , istes or dominion aforesaid ; nor to the exporting , transporting , carrying or conveying of any weather-sheep , or of the vvooll growing upon any such vveather-sheep , to be carryed alive in any ship or other vessell , for and towards the onely necessary food or diet , of or for the company or passengers or other persons therein , and for and towards none other purpose . provided alwayes , and be it further enacted , that this act or any thing therein contained shall not extend to any such wooll to be exported or transported out of or from the port of southampton , onely unto the aforesaid isles of jersey and guernzey , by , or for the onely use or behoof of any the inhabitants of the said isles of jersey and guernzey , or either of them , or to any such vvooll to be shipped or loaden aboard in any ship or other vessel , by , or for the only use or behoof of any the inhabitants of the said isles of jersey or guernsey , or either of them in the port aforesaid , to be exported and transported into the said isles of jersey or guernzey or either of them ; so as such person and persons that shall so ship or lay aboard such wooll into any ship or other vessel , do before the shipping or laying aboard such vvooll , deliver unto the customer , comptroller , surveyor or searcher of the port of southampton aforesaid ( out of which the same vvooll is to be exported ) a writing under the seal or seals of the respective governors of the same isles of jersey and guernzey , unto which the said wool is to be transported , or of his or their deputy or deputies respectively , the which writing shall purport and express that the party named in such writing is authorised and appointed to export or to cause to be exported out of the port aforesaid so much wooll , expressing the number of the tods , to the same isle , to be used or manufactured in one of the same isles , or in some of the members or parts of the same , and that such party so authorised and appointed to export or cause to be exported that wool , hath before the making and sealing of that writing , entred sufficient bond to his majesties use for the landing of the said wool in that isle . and to the intent that the quantity of wooll to be exported out of the port of southampton aforesaid into the said isles or either of them in any one year , accompting the year to begin from the first day of january next ensuing , and so yearly from the first day of january , may not exceed the quantity hereunder specified ; that is tosay , unto the isle of jer●ey two thousand tods and no more of unkeamed wool , and unto guernzey one thousand tods and no more of unkeamed wool , and unto alderny two hundred tods and no more of unkeamed wool , and unto sarke one hundred tods of unkeamed wool and no more , every tod not exceeding thirty two pounds . and be it enacted by the authority aforesaid , that the governor of the said isle of jersey or his deputy for whom he will answer , shall not make to any person or persons any writing or writings such as is above specified , to authorise or appoint such person or persons as aforesaid , to fetch , e●port , or transport out of the port of southampton aforesaid unto the said isle of jersey in one year , accompting the year from the first day of january , one thousand six hundred and sixty aforesaid , any greater quantity of vvool then two thousand tods in any one year ; and that the governor of the said isle of guernzey , or his deputy for whom he will answer , shall not make to any person or persons any writing or writings , such as is above specified , to authorise and appoint such person or persons as aforesaid , to fetch , export , or transport out of the port above specified unto the said isles of guernzey , with alderny and sarke , in any one year , accepting the year from the first day of january aforesaid , any greater quantity of vvooll then one thousand tods for guernzey , two hundred todds for alderney , and one hundred todds for sarke in any one year ; and that the customer of the port of southampton aforesaid , shall keep a true accompt of all the said quantity of woolls so by him permitted to be loaden by vertue of this act , and shall not permit any greater quantity of vvoolls to be loaden then by this act is prescribed in any one year to either of the said islands respectively under any pretence whatsoever , upon the penalty of the forfeiture of his place , and the summe of one hundred pounds in money , one moyety whereof to the kings majesty , his heirs and successors , and the other moyety to him or them that will sue for the same in any court of record , wherein no essoyne , protection or wager of law shall be allowed . and if any of the governors aforesaid , or any their or either of their deputy or deputies of the said isles , or either of them , shall give , grant , or make any licence or licences for exporting from southampton aforesaid , into the said isles respectively , of any greater quantity of such vvooll , then is before by the true meaning of this act limitted and appointed in that behalf ; that then the respective governor or governors of such of the said isles , shall forfeit and pay to the kings majesty , his heirs or successors , the summ of twenty pounds of lawful money of ●ngland , for every todd of vvooll which shall be so licenced to be exported , over and above the rate or proportion of vvooll in and by this act , or the true meaning thereof limited or appointed . and be it further enacted by the authority aforesaid , that the respective governors aforesaid , or their respective deputies , or any their clerks , officers or servants , for the granting , making , or sealing of every such writing of licence as is aforesaid , and for the entring a remembrance of the same into some book , which they shall have and keep for that purpose , may have and take the summ of twelve pence , and no more , upon pain of forfeiting to be partie grieved the summ of five shillings for every penny which shall be taken over and above the said summ of twelve pence , in and by this act allowed to be taken , and so after that proportion , the said penalty or forfeiture for the taking above twelve pence as aforesaid , to be recovered by bill , plaint or information in any court of record at westminster or elsewhere , wherein no injunction , protection , priviledge , essoyne or wager of law shall be admitted or allowed . anno regni caroli ij. regis angliae , scotiae , franciae , & hiberniae , duodecimo . at the parliament begun at westminster the five and twentieth day or april , an. dom. . in the twelfth year of the reign of our most gracious soveraign lord charles , by the grace of god , of england , scotland , france , and ireland , king , defender of the faith , &c. london , printed by john bill , printer to the kings most excellent majesty , . cum privilegio . anno xii . caroli . ii. regis . an act for confirmation of marriages . whereas by vertue or colour of certain ordinances , or certain pretended acts or ordinances , divers marriages since the beginning of the late troubles , have bee● had and solemnized in some other manner then hath been formerly used and accustomed : now for the preventing and avoyding of all doubts and questions touching the same , it is enacted by the kings most excellent majesty , with the advice and assent of the lords and commons in parliament assembled , and by authority of the ●ame , that all marriages had or solemnized in any of his majesties dominions since the first day of may , in the year of our lord , one thousand six hundred forty and two , before any iustice of peace , or reputed iustice of peace , of england or wales , or other his majesties dominions , and by such iustice or reputed iustice , so pronounced or declared . and all marriages within any of his majesties dominions , since the same first day of may , in the year of our lord , one thousand six hundred forty two , had or solemnized according to the direction or true intent of any act or ordinance , or reputed act or ordinance , of one or both houses of parliament , or of any convention sitting at westminster ; under the name stile or title of a parliament , or assuming that name , stile or title , shall be , and shall be adjudged , esteemed , and taken to be , and to have been of the same and no other force and effect , as if such marriages had been had and solemnized according to the rites and ceremonies established , or used in the church or kingdom of england , any law , custome , or vsage to the contrary thereof notwithstanding . and be it further enacted , that where in any suite commenced or to be commenced in any of the courts of the common law , any issue hath beén joyned , and not already tryed or determined , or shall be joyne● upon the point of bastardy , or lawfulness of marriage , for or concerning the marriages had and solemnized as aforesaid , the same issues shall be tryed by iury of twelve men according to the course of tryal of other issues tryable by iury at the common law , and not otherwise , any law , statute , or vsage to the contrary thereof , in any wise notwithstanding . anno xii . caroli . ii. regis . an act for prohibiting the planting , setting , or sowing of tobacco in england and ireland . your majesties loyal and obedient subjects , the lords and commo●s in this present parliament assembled considering of how great concern and importance it is , that the columes and plantations of this kingdom in america , be defended , protected , maintained , and kept up , and that all due and possible encouragement be given unto them ; and that not onely in regard great and considerable dominions , and countries , have been thereby gained , and added to the imperial crown of this realm ; but for that the strength and welfare of this kingdom do very much depend upon them , in regard of the employment of a very considerable part of its shipping and seamen , and of the vent of very great quantities of its native commodities and manufactures , as also of its supply with several considerable commodities which it was wont formerly to have onely from forraigners , and at far dearer rates : and forasmuch as tobacco is one of the main products of several of those plantations , and upon which their welfare , and subsistence , and the navigation of this kingdom , and vent of its commodities thither , do much depend ; and in regard it is found by experience , that the tobaccoes planted in these parts are not so good , and wholsome for the takers thereof ; and that by the planting thereof your majesty is deprived of a considerable part of your revenue arising by customes upon imported tobacco ; do most humbly pray that it may be enacted by your majesty : and it is hereby enacted by the kings most excellent majesty , and the lords and commons in this present parliament assembled , and by the authority of the same : that no person or persons whatsoever shall , or do from and after the first day of january , in the year of our lord , one thousand six hundred and sixty , set , plant , improve to grow , make or cure any tobacco either in seed , plant , or otherwise , in or upon any ground , earth , field , or place , within the kingdom of england , dominion of wales , islands of guernsey or jersey , or town of berwick upon tweed , or in the kingdom of ireland , under the penalty of the forfeiture of all such tobacco , or the value thereof , and of the sum of forty shillings for every , rod or pole of ground to planted , set , or sowen as aforesaid ; and so portionablely for a greater or 〈◊〉 quantity of ground , one moyety thereof to his majesty , his heirs and successors : and the other moyety to him or them that shall sue for the same , to be recovered by bill , plaint , or information in any court of record , wherein no essoign , protection , or wager in law shall be allowed . and it is hereby further enacted , that all sheriffs , iustices of the peace , maiors bailiffs , contrables , and every of them , upon information or complaint made unto them , or any of them , by any the officers of the customes , or by any other person , or persons whatsoever , that there is any tobacco set , sowen , planted , or growing within their iurisdictions , or precincts , contrary to this act , shall within ten days after such information or complaint , cause to be burnt , plucked up , consumed , or utterly destroyed , all such tobacco so set , sowen , planted or growing . and it is hereby further enacted , that in case any person or persons shall resist , or make forcible opposition against any person or persons in the due and through execution of this act , that every such person or persons for every such offence , shall forfeit the sum of five pounds to be divided and recovered in manner aforesaid . and in case any person or persons shall not pay the sums of money , by them to be paid , by vertue of this act , that in every such case , destress shall be made and sale thereof , returning the over-plus to the owners ; and in case no destress be to be found , that then every such party shall be committed to the common gaol in the county where such offence shall be committed , there to remain for the space of two moneths , without bail or main-prize . provided always , and it is hereby enacted , that this act , nor any thing therein contained , shall extend to the hindring of the planting of tobacco in any physick garden of either university , or in any other private garden for physick or chirurgery , onely so as the quantity so planted exceed not one half of one pole in any one place or garden . anno xii . caroli ii. regis . an act for erecting and establishing a post-office . whereas for the maintenance of mutual correspondencies , and prevention of many inconveniences happening by private posts , severall publique post-offices have been heretofore erected for carrying , and recarrying of letters by posts , to , and from all parts and places within england , scotland , and ireland , and severall parts beyond the seas ; the well-ordering whereof , is a matter of general concernment , and of great advantage , as well for preservation of trade and commerce , as otherwise : to the end therefore that the same may be managed so , that speedy and safe dispatches may be had , which is most likely to be effected , by ere●ting one general post-office for that purpose ; be it therefore enacted by the kings most excellent majesty , the lords and commons in this present parliament assembled , and by the authority of the same , that there be from henceforth one general letter-office erected and established in some convenient place within the city of lond●n , from whence all letters and pacquets whatsoever may be with speed and expedition sent unto any part of the kingdomes of england , scotland , and ireland , or any other of his majesties dominions , or unto any kingdome or countrey beyond the seas , at which said office all returns and answers may be likewise received ; and that one master of the said general letter-office shall be from time to time appointed by the kings majesty , his heirs , and successors , to be made or constituted by letters patents under the great seal of england , by the name and style of his majesties post-master generall ; which said master of the said office , and his deputy , and deputies by him thereunto sufficiently authorised , and his and their servants , and agents ; and no other person or persons whatsoever , shall from time to time have the receiving , taking up , ordering , dispatching , sending post or with speed , and delivering of all letters & pacquets whatsoever , which shall from time to time be sent to and from all and every the parts and places of england , scotland , and ireland , and other his majesties dominions , and to and from all and every the kingdomes and countreys beyond the seas , where he shall settle or cause to be setled posts or running messengers for that purpose . except such letters as shall be sent by coaches , common known carryers of goods by carts , waggons , or packhorses , and shall be carried along with their carts , waggons , and packhorses respectively ; and except letters of merchants and masters which shall be sent by any masters of any ships , barques , or other vessel of merchandize , or by any other person imployed by them for the carriage of such letters aforesaid , according to the respective directions ; and also except letters to be sent by any private friend or friends in their wayes of journey or travel , or by any messenger or messengers sent on purpose , for or concerning the private affairs of any person or persons : and also except messengers who carry and recarry commissions or the return thereof , affidavits , writs , process , or proceedings , or the returnes thereof , issuing out of any court. and be it furtther enacted by the authority aforesaid , that such postmaster generall for the time being , as shall from time to time be made and constituted by his majesty , his heirs and successors , and the respective deputies , or substitutes of such post-master general , and no other person or persons whatsoever , shall prepare , and provide horses and furniture to let to hire unto all through-posts , and persons riding in post by commission , or without , to and from all and every the parts and places of england , scotland and ireland , where any post-roads are , or shall be setled and established . and be it further enacted by the authority aforesaid , that it shall and may be lawful to and for such post-master general to be constituted and appointed as aforesaid , and his deputy or deputies by him thereunto sufficiently authorized , to demand , have , receive and take for the portage and conveyance of all such letters which he shall so convey , carry , or send post as aforesaid , and for the providing and furnishing horses for through-posts , or persons riding in post as aforesaid , according to the several rates and summs of lawful english money hereafter mentioned , not to exceed the same ( that is to say ) for the port of every letter not exceeding one sheet , to or from any place not exceeding fourscore english miles distant from the place where such letter shall be received , two pence ; and for the like port of every letter not exceeding two sheets , four pence ; and for the like port of every pacquet of letters proportionably unto the said rates ; and for the like port of every pa●quet of writs , deeds , and other things after the rate of eight pence for every ounce weight ; and for the port of every letter not exceeding one sheet , above the distance of fourscore english miles from the place where the same shall be received , three pence ; and for the like port of a letter , not exceeding two sheets , six pence ; and proportionably to the same rates , for the like port of all pacquets of letters , and for the like port of every other pacquet of writs , deeds , or other things , after the rate of twelve pence of english money for every ounce weight ; and for the port of every letter not exceeding one sheet , from london unto the town of berwick , or from thence to the city of london , three pence of english money ; and for the like port of every letter not exceeding two sheets , sir pence ; and proportionably unto the same rates , for every pacquet of letters , and for every other pacquet of greater bulk , one shilling and six pence for every ounce weight ; and for the port of such letters and pacquets as shall be conveyed or carried from the town of berwick unto any place or places within forty english miles distance from berwick , or any other place where such letter shall be received , two pence ; and for every letter not exceeding two sheets , four pence ; and proportionably to the same rates for every pacquet of letters , and for every other pacquet or parcel , eight pence for every ounce weight ; and for every letter not exceeding one sheet to be conveyed or carryed a further distance then forty english miles , four pence ; and for the like port of every double letter , eight pence : and proportionably unto the same rates for the like port of every pacquet of letters , and for the like port of every other pacquet , one shilling for every ounce weight ; and for the port of every letter not exceeding one sheet from england unto the city of dublin in ireland , or from the city of dublin in ireland unto england , six pence of english money ; and for the like port of every letter not exceeding two sheets one shilling , and proportionably to the same rates for every pacquet of letters ; and for the port of every other pacquet of any kind of greater bulk , two shillings for every ounce weight ; and for the port of such letters or pacquets as shall be conveyed or carryed from the city of dublin , unto any other place or places within the kingdme of ireland , or from any other place unto the said city , or to , or from any other place within the said kingdome , according to the rates , and summs of english money hereafter following , viz. for every letter not exceeding one sheet , to or from any place within forty english miles distance from dublin , or any other place where such letter shall be received , two pence ; and for every letter not exceeding two sheets , four pence , and proportionably to the same rates for every pacquet of letters , and for every other pacquet of greater bulk , eight pence for every ounce weight ; and for every letter not exceeding one sheet to be carryed or conveyed a further distance then forty english miles , four pence ; and for the like port of every letter not exceeding two sheets , eight pence ; and proportionably unto the same rates for the like port of every pacquets of letters , and for the like port of every other pacquets of greater bulk , one shilling for every ounce weight ; and for all and every the letters , pacquets , & parcels of goods that shall be carried or conveyed to , or from any of his majesties said dominious , to or from any other parts or places beyond the seas , according to the severall and respective rates , that now are , and have been taken for letters , pacquets , and parcels so conveyed , being rated either by the letter , or by the ounce weight , that is to say ,     d morlaix , saint maloes , caen , newhaven , and places of like distance , port paid to roan is for single vi double xii treble xviii ounce xviii     d hamburgh , cullen , frankfort , port paid to antwerp is single viii double xvi treble xxiv ounce xxiv     s d venice , geneva , legorne , rome , naples , messina , and all other parts of italy , by way of venice , franct pro mantua single o ix double i vi treble ii iii ounce ii viii     s d marcelia , smerna , constantinople , aleppo , and all parts of turkie , port paid to marcelia single i o double ii o . q ●● . of an ounce ii ix ounce iii ix     s d genoua , legorn , rome , and other parts of italy , by way of lyons , franct pro lyons single i o double ii o q ●● . of an ounce ii ix ounce iii ix and of letters sent outwards ,     s d to bourdeux , rochel , nantes , orleans , byon , towers , and places of like distance , port paid to paris single o ix double i vi treble ii iii ounce ii o     s d and for letters brought from the same places into england single i o double ii o . q ●● . of an ounce iii o ounce iv o also letters sent outwards ,     s d to norembergh , bremen , dantswick , lubeck , lipswick , and other places of like distance , post paid to hamburgh single i o double ii o . q ●● . of an ounce iii o ounce iv o     s d and for letters brought from the said places to england single o viii double . i iv treble ii o ounce ii o and for the port of letters brought into england from     s d calais , diepe , bulloigne , abbeville , amiens , saint omers , montrell single o iv double o viii treble i o ounce i o     s d rouen single o vi double i o treble i vi ounce i vi     s d paris single o ix double i vi treble i iii ounce i o     s d dunkirk , ostend , lille , ipte , courtrey , gheandt , bruxells , bridges , antwerp , & all other parts of flanders single o viii double i iv treble ii o ounce ii o     s d sluis , flushing , middleburgh , amsterdā , roterdam , delph , hagh , and from all other parts of holland & zealand single o viii double i iv treble ii o ounce ii o provided alwayes , that all mercha●●●● accompts not exceeding one sheet of paper , and all bills of exchange , invoyces , and bills of lading , are , and shall hereby be understood to be allowed without rate in the price of the letters , and likewise the covers of letters not exceeding one fourth part of a sheet of paper sent to marseilles , venice or ligorne , to be sent forward to turky , shall be understood to be allowed to pass without rate or payment for the same ; and according to the same rates and proportions for the port of letters , packquets & parcels to or from any of the parts or places beyond the seas , where posts have not been heretofore setled , and may hereafter be setled by the said post-master general for the time being , his executors or assignes : and it shall and may be lawful to and for such post-master general , & his deputy and deputies , to ask , demand , take and receive of every person that he or they shall furnish and provide with horses , furniture and guide to ride , ost in any of the post-roardes as aforesaid , three pence of english money for each horses hire or postage for every english mile , and foure pence for the guide for every stage . and whereas upon the arrival of ships from parts beyond the seas into several ports within his majesties dominions , many letters directed to several merchants and others , have been detained long to the great damage of the merchants , in want of that speedy advice and intelligence which they might have had if the same had been forthwith dispatched by the s●●●d posts , and sometimes such letters have been delivered by the masters or passengers of s●●h ships to ignorant and loose hands , that understand not the way and means of speedy conveyance and delivery of letters , whereby great prejudice hath accrued to the affairs of merchants and others , as well by the miscarryage of many letters so brought , as oftentimes by the opening of the same to the discovery of the correspondencies and secrets of the merchant . be it further enacted by the authority aforesaid , that all letters and pacquets that by any master of any ship or vessel , or any of his company , or any passengers therein shall or may be brought to any port-town within his majesties dominions , or any of the members thereof , other then such letters as are before excepted , or may be sent by common known carriers in manner aforesaid , or by a friend as aforesaid ; shall by such master , passenger , or other person be forthwith delivered unto the deputy or deputies only of the said post-master general for the time being by him appointed for the said port-town , and by him or them to be sent post unto the said general post-office to be delivered according to the several and respective directions of the same . and be it further enacted by the aforesaid authority , that no person or persons whatsoever , or body politick or corporate other then such post-master general , as shall from time to time be nominated and appointed by his majesty , his heires or successors , and constituted by letters patents under the great seal of england as aforesaid , and his deputy and deputies or affignes , shall presume to carry , recarry & deliver letters for hi●e , other then as before excepted , or to set up or imploy any foot-post , horse-post , coach-post , or pacquet-boat whatsoever for the conveyance , carrying , and recarrying of any letters or pacquets by sea or land within his majesties dominions , or shall provide and maintaine horses and furniture for the horsing of any thorow-posts , or persons riding in post with a guide and horne , as usuall for hire , upon paine of forfeiting the summe of five pounds of english money for every severall offence against the tenor of this present act , and also of the forfeiture of the summe of one hundred pounds of like english money for every weeks time that any offender against this act shall imploy , maintaine , and continue any such foot-post , horse-post , coach-post or pacquet-boat as aforesaid : which said several and respective forfeitures , shall , and may be sued for , and recovered by action or actions of debt , plaint , or information in any of his majesties courts of record , wherein no essoigne , priviledge , protection , or wager of law shall be admitted ; and the said several and respective forfeitures that shall happen from time to time to be recovered , shall be and remaine the one moiety thereof to his majestie , & his heires and successors , and the other moiety thereof to such person or persons , who shall or will inform against the offender or offenders against this present act , and shall or will sue for the said forfeitures upon the same . provided alwayes , that if any post-master of any respective place , doth not , or cannot not furnish any person or persons riding in post with sufficient horses within the space of one half hour after demand , that then such person or persons are hereby understood to be left at liberty to provide themselves , as conveniently they can ; and the persons who shall furnish such horses , shall not therefore be liable to any penalties or forfeitures contained in this act. provided alwayes , that if through default or neglect of the post-master generall aforesaid , any person or persons riding in post shall fail as aforesaid of being furnished with a sufficient horse or horses , for his or their use , after demand as aforesaid ; that in every such case , the said post-master generall shall forfeit the summ of five pounds sterling , the one moiety to his majesty , his heirs and successors , and the other moiety to him or them who shall sue for the same in any court of record , to be recovered by bill , plaint , or other information , wherein no essoigne , protection or other wager in law shall be admitted . provided alwayes , and be it enacted , that nothing herein contained shall be understood to prohibit the carrying or recarrying of any letters or pacquets , to or from any town or place , to or from the next respective post-road , or stage appointed for that purpose ; but that every person shall have free liberty to send and imploy such persons as they shall think fit , for to carry the said letters or pacquets as aforesaid without any forfeiture or penalty therefore , any thing contained in this act to the contrary notwithstanding . provided alwayes , that if the pacquet or maile shall be carried out of england into any part beyond the seas in any ship or vessel which is not of english built , and navigated with english seamen , that in every such case , the said post-master general shall forfeit the summ of one hnndred pounds sterling ; the one moiety to his majestie , his heirs and successors , and the other moiety to him or them , who shall sue for the same , in any court of record , to be recovered by bill , plaint or other information , wherein no essoign , protection , or other wager in law shall be allowed . provided also , and be it enacted by the authority aforesaid , that no person or persons shall be capable of having , using , or exercising the office of post-master general , or any other imployment relating to the said office , unless he or they shall first take the oathes of allegiance and supremacy , before any two iustices of the peace of the respective counties wherein such person or persons are or shall be resident , which said iustices are hereby authorized to administer the said oathes accordingly . provided also , and be it enacted by the authority aforesaid , that a letter or pacquet-post shall twice every week come by the way of trurow and penrin to the town of ma●ketiew alias marhasion in the county of cornwall ; and once a week to kendal by the way of lancaster , and to the town of penrith in cumberland by the way of newcastle and carssile ; and to the city of lincoln , and the burrough of grimoby in the county of lincolne , any thing in this act contained to the contrary thereof in any wise notwithstanding . provided also and be it enacted by the authority aforesaid , that such post-master generall to be from time to time appointed by his majesty , his heirs and successors as aforesaid , shall continue constant posts for carriage of letters to all places , though they lie out of the post-roads , as hath been used for the space of three years last past , at the rates herein before mentioned , under pain of forfeiture for every omission five pounds , to be recovered by action , suite , or plaint , in any his majesties courts of record , the one moiety to the use of his majesty , the other moeity to the use of the informer . and for the better management of the said post-office , and that the people of these kingdomes may have their intercourse of commerce and trade the better maintained , and their letters and advises conveyed , carried & recarried with the greatest speed , security , and convenience that may be ; be it further enacted , that the said post-master general so nominated , appointed and constituted as aforesaid , and his deputies , shall from time to time observe and follow such orders , rules , directions and instructions for and concerning the settlement of convenient posts and stages upon the several roads in england , scotland and ireland , and other his majesties dominions , and the providing and keeping of a sufficient number of horses at the said several stages , as well for the carrying and conveying of the said letters and pacquets , as for the horsing of all thorow-posts and persons riding in post by warrant or otherwise as aforesaid , as his majestie , his heires and successors shall from time to time in that behalf make , and ordaine ; and that his majesty , his heires and successors may grant the said office of post-master general , together with the powers and authorities thereunto belonging , & the several rates of portage above mentioned , and all profits , priviledges , fees , perquisites & emoluments thereunto belonging , or to belong , either for life or term of years , not exceeding one and twenty years , to such person or persons , and under such covenants , conditions and yearly rents to his said majesty , his heires and successors reserved , as his said majesty , his heirs and successors shall from time to time think fit for the best advantage and benefit of the kingdome . provided alwayes , and be it enacted by the athority aforesaid , that no person shall have power to take , use , or seize any horses for the service mentioned in this act , without the consent of the owners thereof ; any usage or pretence , or any thing in this act contained to the contrary thereof in any wise notwithstanding . provided always , and be it enacted by the authority aforesaid , that all inland letters sent by any packet-post established by this act as aforesaid , do and shall pay the rates and prices before mentioned , at such stage where they are last delivered only , unless the party that delivers the letters desireth to pay elswhere ; any thing in this act to the contrary notwithstanding . provided always , that all letters , and other things , may be sent or conveyed to or from the two vniversities in manner as heretofore hath been used ; any thing herein to the contrary notwithstanding . anno xii . caroli . ij. regis . an act impowering the master of the rolls for the time being , to make leases for years , in order to new build the old houses belonging to the rolls . whereas the mansion-house , ground , and tenements , with the appurtenances belonging to the master of the rolls , as master of the rolls , are much out of repair , and not capable of improvement , in regard the former masters of the rolls were not enabled to grant such leases , and for such terms as might encourage tenants to build and to repair : be it therefore enacted by the kings most excellent majesty , and the lords and commons in this present parliament assembled ; and it is hereby enacted by the authority aforesaid , that the master of the rolls for the time being , and his successors , masters of the rolls , shall have good right , full power , and lawful authority , during the time he or they shall continue master of the rolls , by writing indented , under hand and seal , to grant and make leases for one and forty years , or for any lesser term , to commence from the making of any such leases , of all and singular the premisses , or any part thereof , the chappel of the rolls with a convenient mansion-house , court , yard , garden , stable , coach-house , and other our-houses and buildings , fit for the use and habitation of the master of the rolles , onely excepted ; which lease and leases , so to be made , shall be good and effectuall in law to all intents and purposes , as if such master of the rolls for the time being , as shall so make the same , had beén seized of the premisses of a good estate in feé simple . provided , that in leases where provision is made for new building of houses or tenements , that the yearly rent of twenty shillings at the least shall be reserved upon every lease of such a quantity of the said premisses , as shall be set out and assigned by the master of the rolls for the time being for any one house or tenement to be built upon ; and that in leases where there is no provision for new building , the like usual rent that hath beén paid or reserved for the greater part of seven years now last past , or more , shall be yearly reserved . provided also , that the master of the rolls for the time being , or any succeéding master of the rolls , after the prenusses have beén once letten , according to the power given as abovesaid , shall not grant or make any new or concurrent lease untill within seven years of the expiration of the lease then in being , nor for any lesser rent then was reserved upon the former lease , nor for any longer term , then for the term of one and twenty years from the making of such new lease . jo : browne cleric . parliamentorum . . an act for the restoring of henry lord arundel of warder to the possession of his estate . . an act for restitution of thomas earl of arundel , surrey and norfolk , to the dignity and title of duke of norfolk . . an act to restore to wentworth earl of roscomon , of the kingdom of ireland , all the honors , castles , lordships , lands , tenements and hereditaments in ireland , whereof james earl of roscomon his great-grand father , or iames earl of roscomon his father , &c. . an act for restoring of sir george hamilton unto his lands and estate in ireland . . an act for maintenance of the vicar for the time being of the vicaridge of royston in the counties of hertford and cambridge , and of his successors , vicars of the said vicaridge . . an act for enabling sir william vvray to sell lands for payment of his debts , and raising of portions for his younger children . . an act for naturalizing of gerrard vanheuthusen , daniel demetrius , and others . . an act for enabling of iohn newton the younger , and william oakeley , to make sale of lands for payment of debts , and raising of portions , &c. . an act for the levying of certain moneys due upon the collection for the protestants of piedmont . . an act for the naturalization of john boreell esq ; eldest son of sir william borreell knight and baronet . . an act for the naturalization of abraham watchtor born beyond the seas . . an act for restoring of sir thomas crimes baronet , to his estate . . an act for enabling george fawnt of foston in the county of leicester esq ; to sell and conveigh part of his lands , for payment of several debts and legacies charged upon his estate by sir william fawnt knight deceased , aud for the raising of portions for his younger children , and making his wife a joynture . . an act for naturalizing francis hide , and others . . an act to enable joseph micklethwaite an infant , and his trustees , to sell lands for payment of his fathers debts . . an act for raising portions , and making provision for maintenance for the younger children of sir edward gostwicke . . an act for confirming the sale of the mannor of hitcham , sold to charles doe , by sir iohn clarke knight and baronet , and for setling and disposing other the lands of the said sir iohn clarke and dame philadelphia his wife . . an act for the setling of some of the mannors and lands of the earl of cleaveland in trustees , to be sold for the satisfying of the debts of the said earl , and of thomas lord vventworth his son. . an act for the disappropriating of the rectory appropriate of preston , & uniting and consolidating of the said rectory , and of the vicaridge of the church of preston ; and for assuring of the advowson , and right of patronage of the same unto the master , fellows , and scholars of emanuel colledge in cambridge , and their successors . . an act for making the precinct of covent garden parochial . london , printed by john bill , printer to the king ' s most excellent majesty . . at the king's printing-house in black-fryars . by the covncil. whereas the late parliament dissolving themselves, and resigning their powers and authorities, ... england and wales. council of state. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e aa thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) by the covncil. whereas the late parliament dissolving themselves, and resigning their powers and authorities, ... england and wales. council of state. sheet ([ ] p.) printed by henry hills, printer to the council, london : mdcliii. [ ] dated at end: this sixteenth day of december, . reproduction of the original in the british library. eng england and wales. -- lord protector ( - : o. cromwell) -- early works to . great britain -- history -- commonwealth and protectorate, - -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no by the covncil. whereas the late parliament dissolving themselves, and resigning their powers and authorities, ... england and wales. council of state. a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion blazon or coat of arms incorporating the commonwealth flag ( - ) by the covncil . whereas the late parliament dissolving themselves , and resigning their powers and authorities , the government of the commonwealth of england , scotland , and ireland , by a lord protector , and succesive triennial parliaments , is now established ; and whereas oliver cromwell , captain-general of all the forces of this commonwealth , is declared lord protector of the said nations , and hath accepted thereof : we have therefore thought it necessary ( as we hereby do ) to make publication of the premisses , and strictly to charge and command all and every person and persons , of what quality and condition soever , in any of the said three nations , to take notice hereof and to conform and submit themselves to the government so established . and all sheriffs , maiors , bayliffs , and other publick ministers , and officers , whom this may concern , are required to cause this proclamation to be forthwith published in their respective counties , cities , corporations , and market-towns , to the end none may have cause to pretend ignorance in this behalf . given at white-hall this sixteenth day of december , . london , printed by henry hills , printer to the council , mdcliii . the armies dutie; or, faithfull advice to the souldiers: given in two letters written by severall honest men, unto the lord fleetwood lieutenant-generall of the armie, and now published for the instruction of the whole armie, and the good people of this common-wealth. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing m thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) the armies dutie; or, faithfull advice to the souldiers: given in two letters written by severall honest men, unto the lord fleetwood lieutenant-generall of the armie, and now published for the instruction of the whole armie, and the good people of this common-wealth. h. m. fleetwood, charles, d. . , [ ] p. printed, and are to be sold in popes-head alley, s. pauls church-yard, and westminster hall, london : . "to the reader" signed: h.m. [and others]. the last leaf is blank. annotation on thomason copy: "may d". reproduction of the original in the british library. eng england and wales. -- army -- early works to . great britain -- politics and government -- - -- early works to . great britain -- history -- commonwealth and protectorate, - -- early works to . a r (thomason e _ ). civilwar no the armies dutie; or, faithfull advice to the souldiers:: given in two letters written by severall honest men, unto the lord fleetwood lieu h. m. c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - john latta sampled and proofread - john latta text and markup reviewed and edited - pfs batch review (qc) and xml conversion the armies dutie ; or , faithfull advice to the souldiers : given in two letters written by severall honest men , unto the lord fleetwood lieutenant-generall of the armie , and now published for the instruction of the whole armie , and the good people of this common-wealth . london , printed , and are to be sold in popes-head alley , s. pauls church-yard , and westminster hall , . to the reader . reader , whoever thou art , 't is fit thou should know that the following letters were sent to the lord fleetwood , and read by him before the calling of the late parliament , but were not intended to be published , because those that wrote them , hoped that this advice would have been followed , and they so much wished the lord fleetvvoods honor , that they desired the good he should do might appear to be from the impulse of his own mind , but now finding that our country hath languished so many months since , and seeing the distraction and confusion , that his neglect hath now brought upon us , and finding the general counsel of officers , to have expressed their sense of our dangers and impending ruine ; and to have interposed in the dissolving the parliament : when they found by experience , that a settlement would not be made by them , we thought fit to make these letters publick , hoping that it may in some measure quicken up the lord fleetvvood himself , upon a second reading of them , and also those officers that are now concerned by the utmost perill of their lives , to procure a settlement of that common freedome , which hath cost so much bloud and treasure , we have only to request your reading these letters , with respect to the season wherein they were written , and without prejudice upon your minds , and the lord : cause you to understand and do the things that belong to our countreys peace and welfare . h. m. h. n. i. l. i. w. i. i. s. m. my lord , you have long been the object of many good mens pity and prayers , who have judged in charity that the temptations of your late fathers court have been too mighty for you . but now you are become the object of their prayers and great expectations ; hitherto they thought you unable to prevent the wickednesse and apostacy which you have often seemed to mourn for in secret . but now the chief military power derived from any lawfull authority being fallen upon you , and all such officers and souldiers in the army as have any sense of justice and honesty in their use of arms , being ready to be commanded by you , and to rejoyce in their return to their first principles . they believe that god hath made your way plain before you to vindicate the profession of religion from the black reproaches that rest upon it , to restore the peoples liberties , the armies honour , and price of their bloud . and therefore they hope and pray that the lord may say effectually to you upon this opportunity : be thou strong and of a good courage in this my work , and i will be with thee . but if you should now sit still , they think as mordecai said to esther that deliverance and enlargement shall arise to the people from another ; but you and your fathers house shall be destroyed . now my lord , do not imagine us either vain enthusiasts or busie bodies that thus mind you , what is expected from you . we are such as engaged with you in the war against the late king , and do believe that you and we must render an account to the dreadfull god of the justice and sincerity of our intentions therein , and our souls are deeply afflicted to behold our righteous ends perverted , the bloud of our friends shed in the quarrell , trampled upon , the binding power of trusts , promises , and oaths , slighted , and the same ( if not worse ) principles of arbitrary power , tyranny , and oppression exercised , asserted , and maintained , against which we have so earnestly contended with a prodigall expence of our bloud and estates ; and our hearts are wounded to hear our old cause now made a mock and by ▪ word by our enemies , and to see such a black brand of infamy set upon all the parliaments adherents , as if they had been all the vilest hypocrites , who made pretences of religion , and faithfulnesse to their countries laws and liberties , to be only a cloak for the blackest wickednesse , as if none of them had ever intended any more , then by force and fraud to fat up themselves upon the bloud and ruines of other families . but your lordship knows , that the kings invasion of our properties and liberties , by taxes , illegall imprisonments , and opposition of the parliament in their supreme trust of ordering the militia for the peoples safety , did necessitate us to defend it by arms , as our native right , that the trust of the peoples safety and welfare , their strength , and purses , was only in the hands of their successive parliaments , and that they ought to be governed only by the laws : and their consciences , persons , or estates , to be at no mans will or mercy ; and doubtlesse the defence of these liberties is essentially necessary to the well being of any nation , and to the being of publick morall righteousness amongst men . and your lordship knows that all the successes and victories have been owned , as from the wonderfull appearance of god for his people in this honest cause , and that you caused the exercise of the chief magistracie in england by a single person to be abolish'd , because it was dangerous to this righteous cause , as well as uselesse and burdensome . now my lord , let us appeal to your conscience whether we ought not to expect those things we do , we are unwilling lest it should wound too deep to make a comparison between the principles of tyrannie and oppression that were attempted to be practised by the late king , and were declared by you to be begotten by the blasphemous arrogance of tyrants upon their servile parasites , and those that have been practised & avowed since god gave us victorie in the defence of our liberties ( and though we confesse the greatest number of honest men have hitherto least smarted under them , yet they will infallibly have the greatest weight of them upon their backs hereafter , should those principles get root amongst us , they being the only likely men to destroy them , and however , injustice against enemie ought to be abhorred by righteous men . ) but let us tell your lordship that it is the secret sigh of every honest heart : oh that god would now take away the reproach from this people , and their eyes are much upon you in it , and shoud you slight our eyes and expectations in this case , assuredlie the blood of our friends shed in the cause , will crie aloud for vengeance against you . we have better thoughts of your lordship , then that you should seek to shelter your self in your omission of so great a dutie , or in your proceeding in the evils begun under those vain subterfuges which have been used of late : oh be not deceived with pretences of providences of god , leading you from your old cause into things not to be justified by the morall lawes . the holie god directs his people only into the paths of righteousnesse , that is such actions as agree with his lawes , , iohn . , , . he that doth not righteousness is not of god , his providences and his lawes always speak the same things , neither let any man deceive you with pretence of necessitie that constrains you to desert your old principles for the people of gods sake and to advance christs kingdome ; for 't is not possible there should be necessitie to transgresse a divine naturall law that is eternall , there may be cases of extream inevitable necessitie , that may disoblige a man from some divine positive lawes , because a superior that is a divine , naturall law may oblige him in that case ; therefore in everie case of highest necessities , the immutable lawes of nature ought to be guides and commanders of what is to be done : and if your lordship can make your actions or omissions consist with those , neither god nor his people will blame you . and in so doing onelie , you can advance christs kingdome : for then is he exalted when supream reverence , and absolute subjection is given to his fathers lawes in the deniall of our selves in all countermands and temptations , and when the sword of the spirit is used to increase the number of such subjects : for this scepter , throne and wars are of and in righteousness . therefore , we beseech your lordship without hesitation or delay , pursue the exaltation of christ and his kingdom , in following in simplicity and integrity of heart after those righteous ends you proposed and declared in the late warre , and unto which you have obliged your self by all the sacred bonds of humane societie : be not affrighted with some parasites , bugbears of confusion , if you shake the diana , by which they hope to subsist , fear not assistance from every honest heart in england , and though some pretenders to honesty , may out of cowardise , or ambition , or covetousness , cry , ther 's a beare and a lion in the way , yet even they shall run after you when they see you forward in your way ; and to avoid delayes , let us beseech your lordship first to examine your conscience presently what you can answer to the blood of any poor saint shed , that cries in your ears to settle that libertie and justice in his countrie for which he shed his blood under your command . secondly , what you can answer to the blood of thousands of the enemies , which are esteemed by god as murdered by you if the iustifick cause of the war be not effectually prosecuted . will not their blood crie to god , and say , lord , this fleetwood killed us upon pretence that we should have destroied the liberties of the people of god , in imposing arbitrarie power upon them , which we did ignorantlie ? and he hath done the same thing , and made or suffered more heavie yokes to be imposed ; pray remember it , the scripture saith , thinkest thou o man , that judgest another , and doest the same things thy selfe , that thou shalt escape the iudgement of god , rev. . , . thirdly , we beseech you to examine what cause you now maintain with constant expence of blood , and the peoples estates , and how you can give an account to god for it . remember what are the causes for which god alloweth mens blood to be shed without blood-guiltinesse in him that causeth it ; and trie whether that be one , to make a nation greater slaves to iohn a styles and his confederates , then they would have been to iohn a nokes . but we praie your lordship if it be possible that anie pretence can be found for it , state a justifick cause of your present posture of arms , that thousands of tender consciences may be satisfied how to pray for you in any of your present designes , if god should not honour you in the work which they now expect from you. now my lord , if we would plead with you by worldly arguments or motives , that concern your self , it were easie to evince , that safetie , honour , and greatness to your self , and familie , can be certainlie compassed by no other means , then by returning to the principles from whence you are fallen , your daily tenors that now attend you and your counsells , would soon vanish , you might have above threescore thousand men of honest principles that would take themselves concern'd to be in armes at an houres warning to assist you , and this without second charge , and an armie of praiers . times as great , indeed who would or could hurt you , if you were a naked sincere follower of that which is good . we appeal to your conscience , whether you do not believ that your late father was more safe with a foot-boy onelie following him in the streets when he was believed to intend that good that your lordship may if you please effect , then he was afterwards ( when he was believed to intend his own ambition ) invironed with guards , and enclosed with locks , and bolts without number ; indeed the onelie meanes of safetie for such as will exercise great power over a people to the subjection of their liberties , is a mercenarie armie . and if that consists of some of the same people , their interest will change as often as they get estates that are of more value then their pay , and then they will be readie to conspire with any of the people to provide libertie and securitie of their estate for their children , and then the power of the tirants shake , and of how manie slaughters of the kings of israell do we read by their own service ; & if mercenarie strangers be intended to be guards for rulers in england , our ancestors taught us the way , when they were not so well instructed in their libertie to ridd our selves of them in a night , but if your own person could be secure for a while ; what will be the portion of your familie , if their persons and estates be left to the mercie of him that gets uppermost , and if you expect greatnesse or honor , consider whose names are delivered to us from former ages with reverence , and esteem , and who have been most admired , honored , and obeyed , by their countrey and people : can a dionysius compare , command or fain with a tymoleon ; was ever great cyrus or alexander obeyed like the poor young fisher-boy massinello in naples , whil'st the people imagin'd he sought a settlement of their libertie ? but we suppose the sense and remembrance of your dutie to god and his people , should be of greater weight in your lordships heart then all the conceits of the earth , & therefore we also forbear to mind you of the improbabilitie of setling this nation according to the rules of pollicie , upon anie other basis then their libertie ; the lands & interests of this nation being so dispersed & with so much equalitie , that whosoever shall attempt to invade our liberties will not find an interest able to overballance the peoples interest , and therefore cannot long maintain a dominion over them ; but we forbear to mention this capital politick consideration to your lordship at present , onlie let us beg your serious consideration how much the honor of the profession of the gospel is concerned in what we move your lordship to , & expect from you ; and that you would say to your self , is it not better that i & mine perish , then that a publick scandal be brought upon gospel profession by my injustice & treacherie to my countrie under a shew of holiness ; & if we shall observe by your lordships actions from henceforth that there are some apearances , that god hath begun to imprint upon your heart the sense of your publick dutie , and that he will put that honor & greatness upon you to be the restorer of his peoples liberties in this nation , we shall then think our selves obliged to write again to your lordship or wait upon you to strengthen your hands ; in the interim , we shall praie without ceasing , that wisdom , courage and strength may be given you from the father of all mercies , and that out of his fulness you may be in all things prepared for the accomplishing his own work of righteousness ; and if in judgement to this nation your heart should be hardned by these poor lines , your lordship will be left more inexcusable , and however some satisfaction in the discharge of your duties will arise to the conscices of my lord , your lordships most affectionate humble servants so far as you follow christ — my lord , we presumed lately to mind your lordship of your present oportunity , and most important duty , and our souls wish that the the secrets of your thoughts upon it were revealed , that our hearts and prayers might be towards you , and for you accordingly we must tell your lordship that you have since wounded the hearts of many precious saints , by conducting your armie officers , in an action of such gross hypocrisie , and palpable flattery , as that addresse you made to your new protector , we have reason to believe that it had been impossible for your lordship to have said privately to an honest man without blushing , what you have said there to the world under your hand , and if your lordship will remember ( with god in your eye ) what is said of your father , and your brother in it , and of an unknown connexion between his person and your cause , which a lso you cannot now , and as now ( state to your own conscience as just , ) we are confident your heart will smite you , and if your own heart condemn you , god is greater then your heart , and must much more condemn you . truly my lord , we were much startled in our hopes from you , and praiers for you , ( and we hear the same of others ) when we saw that addresse , yet our remembrance of your secret expressions even with tears , of your sense of the armies backslidings , and your earnest intreaties of us to pray for you , together with the great respect we have , for your lordship hath inclined us strongly to the best thoughts of you , sometimes saying one to another , surely he had not read our letter before his addresse , yet we have been so stumbled , that we had troubled your lordship no farther in this kind , if god had not so placed the interest of his cause and people upon our spirits , that we are restlesse within our selves , untill we have said so much , as may be either effectuall upon your heart , or at least discharge our consciences , and leave you inexcusable . if therefore the lord hath made us his remembrancers to you , and revived his fear in your heart , whilest you considered what we sent you , we have reason to conclude that you are come to these resolves in your owne breast , viz. . that the peoples arms of this nation have been committed to your charge in your severall capacities , as a steward of that high trust for them , to imploy them for their benefit , in preserving their rights and freedome , and that you must give an account to the eternall god of that stewardship . . that you are under all possible sacred and indispensable obligations to be faithfull in your trust . . that the cause for which you were trusted was to defend and maintain the peoples right to make laws for themselves , and thereby provide for their own welfare and safety , by such persons as they should chuse , and that without the negative controule of the king , and also to defend the freedome of their consciences , persons , and estates , in being over the only government of their own laws , without subjection to the will or mercie of any man . and we suppose you may also conclude that you have now power and oportunitie cast upon you to secure this libertie unto gods people , according to humane prudence beyond the reach of wicked men , and that if you should hide your talent of power , in the napkins of fear , cowardise , ambition , or self-interest , you will be condemned from the mouth of your own conscience , for an unprofitable and unfaithfull servant . now if god hath enabled your lordship thus to consider , with a pure understanding , and with integritie of heart thus to resolve , we know you are continually saying within your self , men and brethren what shall i doe , to shew my faithfulnesse to the cause of god , and the people , and to vindicate my possession from scandall ; and in hopes that god hath thus disposed your heart , we shall endeavour to inquire into your particular dutie . and in our search we may assert this generall maxime , as an infallible pillar to guide you in your present dutie to your generation , viz. that the peoples liberties cannot be lastingly secured to them by any other means , then an institution of sense , wise order or method , wherein the people may make and execute their own laws , and use their own arms and strength , for the common good of the whole societie . this may direct all your lordships thoughts and debates , about a settlement , and keep in your eieperpetually the white mark wherein all your designes and contrivances of publick concernment , ought to centre ; this may prepare you , to passe a quick sentence upon all the ambitious proposals of your court-parasites , this may cut off all those court debates , about impowering a prince , to check and controul the people by his negative , in their making their laws . it ought to be no question , whither the people should make their own laws , god himself having resolved it , the very point being the single point whereupon you joyned battell at first with the king , you defending that the parliaments ordinance for the malitia , was a law without the kings consent , and he denying it to be of any force , and affirming those traitors , that obeied that , and not his commissions of array ( this by the kings confession was the first quarrel ) this libertie then being their bloud , cannot be taken from them , but by the highest robberie and contempt of obligations to god and man . therefore your lordships dutie is no more then to contrive the best , most prudent form , and order , wherein the people may injoy their own , with the least hazard of being preyed upon by tirants , or being disquieted by their own ignorant disorders and confusions : your dutie to the people , is like to that of a guardian to an heir , not to give them an estate , but to set down rules , how it shall be ordered for them , and they put in quiet possession of it , to their most advantage and securitie , and this dutie is the more incumbant upon you , because you have broken , and trampled to pieces , beyond repair all those old christian forms , wherein they formerly injoyed their liberties , though with continuall disputes , and subject to daily injuries and oppressions . now before we propose to your lordship any form or order to be settled , it is fit that we discover to you the errours and inconsistencies , of your present practices , and appearing design , both in themselves , and in relation to the peoples liberties . first , it 's a grand errour in the foundation , if you imagine it possible to secure libertie or justice to the people , onelie by advancing good men to power over them , and trusting to the grace in their hearts , to rule in righteousnesse , good men upon the single account of mortalitie , can be no lasting bottom , whereupon to settle liberty and justice . it 's beyond the wisdome of man , to contrive an infallible provision , in the present age that the ruling power in the succeeding age , shall fall onelie into good mens hands , but what age ever produced men of such enlightned pure minds ? that of themselves could discern right at all times , without the least cloud of their private interest upon their understandings , and also pursue such dictates of their minds , without interruptions by corrupt affections ; we mention this , not as if our souls did not wish , that all powers were vested in the best of men , but because we know that every man is vanitie , and a lie ; and yet we believe , it is often whispered in your eares , by some weak well meaning men , that honest mens liberty would then be secure , and they satisfied , if they could see good men put into power , saying we should then need no lawes , for they would be a law to themselves , having gods law in their hearts , but those that thus by consequence beg advancement , know not what they ask , scarce intending to be the peoples lords and to rule them as their slaves , which is necessarily employed in the arbitrarie power they ask ; neither do they apprehend , what horrid impietie it is , for any man in england now to erect , and exercise an arbitrarie power , they see not the blasphemous arrogancy of such as rule without lawes , being indeed , an attempt to erect their throne , in it 's kind , higher then almightie gods , who rules and judges onelie according to his lawes , without which there is neither justice , nor injustice in things humane , or divine , therefore the peoples security of libertie , and justice , must be founded upon excellent lawes , or constitutions , for the continued order , from generation to generation , wherein the people shall chuse their own lawes and magistrates , and if good men in power , will in simplicitie and integritie joyn heads , hearts , and hands to establish such an order , or forme of government , they will be worthilie esteemed the founders , though not the foundation of our liberties . secondlie , 't is a grosse mistake , to think that the securing the peoples liberties , and the creating of a soveraign prince over them , ( under whatsoever title ) can consist together , we mean such a prince or potentate , the tenure of whose power , shall not be upon the people , and who shall not be subject , and accomptable to the lawes of this commonwealth , doubtlesse the people may not be free , where there shall be a chief magistrate , whose deserved real honour and greatnesse , may justly make him disdain to look down upon the throne of the greatest monarch , yet if he shares in the soveraigntie , he subverts libertie and the foundation of his own glorie : the very essence or formall reason of a nations freedom , consists in the peoples making their own lawes and magistrates , and therefore it is a contradiction to say , we are free under a prince controling our lawes in their creation , or execution , and imposing his officers upon us at his will and the consequence of that practice , even in our late kings , hath caused all our present bloudie ruines , his officers being naturally inclined , and resolved to serve their creator , to the subversion of our lawes and liberties ; besides , if a prince be invested with the least punctilio of the soveraigntie , it is exceeding vain to imagine , that he should not naturally aspire to the top of it : every thing having an innate desire of its owne perfection , and there being no other visible meanes to preserve from the peoples reach , that part which hee hath , but the destruction of their libertie , you may as well suppose , fire not to ascend , as such a prince not to be wishing and aspiring to be an absolute lord , if he had neither ambition , nor pride in himself , nor in his appendixes , his court parasites , yet the unavoydable reciprocall fear , in the people , and such a prince , least each should dispoil the other of his share of soveraigntie , will compell the prince to provide for his own securitie , and do your lordship think he will believe himself safe , untill he hath set himself above the peoples reach , and brought them to depend upon his will ? it may be he that you would create prince with a small share of soveraginty , would at first thinke his power great , yet in continuance he would esteem it smal , men naturally reaching beyond what they have attained ; liberty therefore and principalitie , are incompatible , and can never last together : it seems strange to a people , that they should be free , and yet serve , and be imposed upon it 's strange to a prince , that he should be chief lord and not command ; the meane of libertie , is the mother of murder , and tyrannie ; any freedome from princes commands being intollerable to them , they by violence take it away , or attempt it , and that forceth a violent brutish tyrany , instead of government , we need not look farre for an instance of this , the bloud and sufferings of our ancestours , and our own age , witnesse it , hath not our princes and ancestours been alwayes strugling for four hundred yeares , and thousands perished in it , that are known , besides the ruine of many worthies which no history durst mention , unlesse with infamie , to please the tyrants , and your lordship hath seen , with what an earth-quake , libertie subverted principalitie , when it found opportunitie . therefore , if you wish us , and our posterities no greater good then onely quiet , it behooveth you to make us wholly free , or wholly slaves . thirdly , it is no small fayler of foresight , that you may imagine it feasible in this nation , at this time , to establish a principalitie , or monarchie , of any probable continuance , unlesse you can destroy all present reall properties and vest all , or most of the lands of england , in your monarch . every princes power of command must arise either from a voluntarie submission , and willingnesse of a people to serve him , as their lord , or from a violent compulsion , of them to be subject to him , and both those are founded upon an inequalitie , between him and them , either reall or apparent . a peoples willingnesse to serve a prince ( if any such be ) ariseth from their apprehension of some great inequality and dispropor●ion between him and them , either in vertue , interest , or power . the two first are proper to a prince in his native countrey ▪ or one that hath dominion over only a sovereign prince ▪ who may be thought powerfull to one people , the last may be proper to protect a people , and that may be chosen as the least of some impudent mischiefs ; but if any people ever were , or shall be voluntarily subject to a prince , upon their high opinion of his unequall transcendent vertue , that related only to his person , and never was or can be a solid foundation for an hereditary monarchy , but an unequall interest in the lands , may be , and is the common cause , either of a voluntary or constrained subjection : no man serves for nought , 't is the need that people have of the lords interest , that procures him servants , and enables him to compell subjection : so joseph that new moulded the egyptian monarchy , devised a way for the king to get all the possessions into his hands , that so the people might serve pharaoh , which was a necessary consequence . 't is evident that the relation of masters and servants would soon be banished the world , if all mens interests , vertues ▪ and strength were equall , and much sooner would the names of princes and subjects be for ever razed out of memory ; surely then ( my lord ) 't is beyond dispu e that if you intend to settle a monarchy over us , it must be by violence , for it cannot enter into your heart , to imagine , that you shall find a man , whose glorious vertues shall be as a sun amongst the stars compared with all the vertues in this nation , and those also to be surely intailed upon his heirs , neither can your lordship pretend , to find any family , whose interest in the lands is now so unequall , to the bulk of the people , that the nation should be induced by their interest to serve them . now that a compulsive subjection to a monarchy , must be the product of an unequall power , is as good as written with a sun-beam , he that forceth must be stronger then-he that is forced , and 't is as evident ▪ that such a power is the only naturall fruit of an unequall interest in the lands , upon which the beast of force must graze , that bears the monarch power to force a nation , cannot be inherent in a single person , and multitudes of hands , neither can nor will serve him to subj●ct a nation , unlesse they be h●red , ( christ himself says no man goes to warfare at his own charge ) and nothing can afford the constant growing hire of the princes own , but his interest in the lands , and if he put the hirelings to rob and pilfer for their own ●ire , upon the fruits of the lands , which the people esteem their own , ( that is by taxes ) the basis and root of the power , by which the forces live , hath not an appearance to be in the monarch , nor do his forces seem to have a necessary dependance upon him , but may as well rob for themselves , and at best , they must remain a fluctuating body without root , the monarch not being able to plant them upon his lands with condit●ons of service ; and therefore they will be esteemed of the land owners , only as the common thieves , whose hands are against every man , and ought to have every mans hand against them , and the robbery being in such a case , to be renewed continually upon the land-owners , and the wound alwaies smarting , 't is of more constant danger , to subvert the monarch , then it were for him to cut the throats of ten thousand land-owners at once , and possesse the lands , to plant his forces upon , as their standing-quarters upon their masters own lands , either for their lives , or during his pleasure . surely ( my lord ) it 's not to be denied , that a monarch in his domestick dominions , hath no greater rooted continuing power over a nation , then he hath an interest in the lands , surmounting in value , the interest of the whole people , as that interest grows , by murders , oppression , and the other common artifices of princes , ( unlesse the wrath of god interposeth ) so doth his power root , and flourish , all other seeming power of a monarch , hangs as the ignorant use to say , by geometry , and is without bottome ; 't is a tree whose root is dead , and may be kept up a little while by dead props that decays with it . 't is like an armies foraging into an enemies countrey ▪ and plundering , not being able to gain the possession of a town , castle , or house there , as a root of power over it . indeed , no form of domestick government can be establisht to be of duration , in a nation , chiefly living upon their lands , if property in the land do not accompany the empire , that is , if that order which governs ( be it one man , or the few , or the people ) do not possesse a greater share of the land of that countrey , then the rest of the people that are governed ; and therefore where the administration is most popular ; servants , and all such as have no estates are reckoned to have no share , or voices in the government . and we conceive , thatt the founders of governments , have either framed their models , according to the ballance of property , which they found amongst the people , or else have divided the property , and reduced it to their form . and your lordship may remember when god himself formed the people of israel , by moses hand , into a free common-wealth , there was not only a suitable division of the lands at the first , but a perpetuall law of jubilee , to prevent alienation of lands , and the growth of any to such unequall interest , as his power might be dangerous to the government , and when that people rejected gods form of their common wealth for a monarch , he foretold them , sam. . . . that the first work of their king would be to alter the modell of property in the lands , settled by god and take away the best of their fields , vineyards , and olive-yards , and give them to his servants , for strengthening himself , and so they should become his servants . and if we should not trouble your lordship too much , we would shew from history , that all the lasting monarchies that ever were in the world , have been built upon this foundation , of possessing the greatest interest in their countreys lands , either immediately , or by their peers and their powers , being the naturall result of that , they have had their births , decays , and deaths together . some kingdomes we say have been founded upon the monarchs immediate interest , or property in the lands , as many ancient eastern kings , and the turk , with other eastern princes at this day , who are sole proprietors or landlords of the whole territories where they reign , and the people their tenants at will , or at best for life , upon conditions of service in war , proportionable to the value af their farms , whereby the turk keeps an absolute power over his subject by their dependance upon his will for their bread , and with his own proper revenue is able also to maintain an army of strangers to strengthen the other tie , he hath upon his vassalls , and upon this root of his property , ( to the eye of humane reason ) his power has grown to that monstrous height others kingdomes have been built upon the property in the lands , which the monarchs , peers , have had joyntly with and under him : so were these western dominions after their conquest by the northern people , who divided a land , when conquered , into so many parcels , as they had great officers , leaving the choice of the best and largest share to their prince or leader , he becoming their king , and the chief officers , holding their large shares on him by some small acknowledgements , became his dukes , counts , and earls ; and the common souldiers ( who came indeed to seek a countrey to inhabit ) holding together with the poor natives some small parcels of land under those g eat-men upon such conditions as made them wholly dependant upon their landlords , and thus these dukes and earls paying homage and fealty and small acknowledgements to the prince , became princes in their own divisions , and thus the interest of the king and his peers over-weighed the properties of all other the inhabitants , whereupon the power of our ancient monarchy was founded , and the kings chief officers were the tenants and vassalls of his peers , to whom he sent upon occasion of trouble forreign or domestick to leavy arms , who gathered their vassalls together , and either assisted the king , or fought against him as they l●ked the quarrell , their souldiers never daring to dispute their lords commands knowing no immediate lord but them . thus was the kings power lesse or greater , as he agreed with his peers they having been able ( as your lord ship knows ) to make and unmake kings of england as they pleased , and if their propertie in the lands had so remained , nothing could have shaken the monarchs power , if he had kept an union with them , but the inferiour people grew by degrees to better their tenures , and to make some of their estates hereditary upon easie fines at every change , as our coppy-holders of inheritance and some to have their estates their own free hold , and in fine they came to abolish in england the tenures of vassailage & vill●uinage , which is yet in practice amongst our neigh-bour natiōs , ( whose monarchies stand by so much the stronger ) and the people having got a better interest in the lands , soon obtained some share in the government they were then thought fit to be summoned to the national meetings then called gamont , since a parliament , to consider what way to supply their king with money , which was to come only from their purses and properties ( the nobles then ( as now in france ) payiny no tax or tollage ) and the sense they had of their own properties in the lands made them soon after challenge it as their right , that their king could take no tax , toll , or tollage , unlesse they were pleased to give it him in their parliaments , and then the peoples yoakes , growing more easy , their wealth increased , and lands being commonly suffered to be alienated , the multitude became the purchasers , and some bought off their serviccs that still remained due to their lords , and others bought their lords lands , who proved prodigalls , and as occasion was offered , the churches lands , and this together with some kings endeavours to abate the power of their peers in their countreys , reduced the english peerage to an empty name , the greatest quantity of the lands , and with those , the power being fallen into the commons hands , before the warr , who being then sensible , they neither depended upon the king nor his peers for their bread , conceived themselves obliged to serve none but god , and therefore ought not to be commanded , or to have lawes imposed upon them by the king or his peers , judging it the right of a people , whose property rendred them free , and independent to chuse their own lawes and magistrates , being intended onely for the preservation of their own properties and liberties ; and thus did our house of commons gradually grow to that power which in latter time proved formidable to the kings , there wanting nothing to the destructon of the throne , whose pillars were broken , but an occasion for the people to feel the power they had , & this was the naturall cause of our late kings projecting to have brought german horse , or an irish army into england , a mercenary army being the last refuge of a monarch , devested of his nobility , ( though that also will prove but a violent dead prop , and soon rotten , unlesse he can suddainly reassume a greater property , & give them root by an interest in the lands upon conditions of serving him ) and this was the cause of the kings raising his guard at york , and leaving the vvarre ; being the last means to support his power ; therefore we may say , that the dying pangs of a monarchial power in england , caused our vvarrs , as his violent stranglings for life , much rather , then that the vvarre caused the destruction of monarchiall power ; the parliaments army did indeed prevent a possibility of the resurrection of that power , by a forcible changing the property in the lands , and so reviving a new monarchy ; but the old was dead by a kind of natural desolution before the parlament voted it uselesse , burdensome , and dangerous ; for surely 't is neither of the three , where , and so long as it's single property in the lands , or in union with his nobility , makes the people live upon him and them , though 't is most certainly all the three , where it must be fed upon the peoples properties ; like the snake in the rustick's house , till it be able to oppresse them . my lord , wee hope it will be clear to your lordship , that england is now become an unnatural soyl for a monarch . the governor of the world by various providences hath so divided the land amongst the bulk of the people , that they can live of themselves without serving , and it is preposterous to impose a monarch upon us , as to make a law , that the weaker shall alwaies binde the stronger ; we believe it no less impossible to establish a lasting monarch in england without alteration of the interest , the multitude hath in the lands , and naturall power , then it were to settle a firm lasting free state , or commonwealth in the turkish territories , suffering the ottoman to family to remain the sole landlord of the territories , as now he is ; and we suppose , that obvious objection , that england hath been a monarchy for many hundred years , is clearly answered , from what we have said , if you will take us as conquered , as much by your army , as by the normans , and think to settle a monarchy like theirs , in a new line ; you see the materialls , for your building and theirs , are of a different form , and can never make a like building ; england then yielded earth to the conqueror , by vast earldomes , and baronies , for the plantation of his new potentates , and a few confiscations or forfeitures made his own and his creatures interest in the lands to exceed all the rest ; besides , the temper of the people , to whom any property in the land was left , was much different from that you now finde , they being then bred to learn , and know no better ; now being bred in some liberty , and the continuall claim of the whole . neither can your lordship with reason hope to prop up a new monarchy , by an army of natives , to be paid by taxes , if you consider how soon their estates of inheritance and naturall love to posterity , with their independency upon the monarch , a disgust of the universall odium , they must live under by extorting taxes , will make them espouse the nationall interest as their own , as did the forreign plants of the normans , when rooted in lands of inheritance , so that no sort of armes , to be maintained by a meet tax , can long support a monarch , because the very tax , if nothing else , create's and maintain's him enemies that have roots in his dominions , when his friends have none : we could now shew your lordship invincible difficulties ( as our case is ) to found a monarchy though you should confiscate to your selves most of the peoples ends , to make your land property over weigh al the rest but we believe the confiscation of a people , that have never fought against you , but whose armes you have borne , to be an act so unnaturall and so full of blacknesse and horrour , that it can never be admitted room in your thoughts , and therefore we shall say nothing of it . fourhly , but my lord therei 's a fourth mistake that deserves the first place in the file of errors , that is , to conceive it possible to settle your brother richard and his heirs as our prince , to share in the sovereign power , if the wounds of monarchiall power in england , were not mortall , doubtlesse his art and experience renders not him to be a surgeon fit for the cure ; it was poverty and famine that shot his deadly arrow into the heart of our monarchy , and no plaister can heal it , but mammon to make it self new friends , and do your lordship judge his estate and property sufficient to make him friends enough to compell this nation to subjection ? what can a prudent man fancy as a foundation of his empire ? wherein is the equality between him and the people , even in your opinion , or the dictates of the present armies conscience ? it was said in the last parlament frequently , that he was a stranger to the people of god , unknown to the army , having never actually drawn sword , and one that was never observed to have had any affection for the parlaments cause ; if your lordship please to consider it , you will finde such disadvantages attends your brother , in his aspiring to the throne , as would render his settlement very doubtfull , if the basis for monarchy stood firm in england ; we pray your lordship think of the primary of his education , the tenderness of his years , the meanenesse of hisnatural authority , the slenderness of his reputation as soldier , or counseller , and above all , the hatred and contempt the people hath conceived him ; either of which , is sufficient to ruine a settled prince ; and adde unto these , the claime and pretence he sets up , by pretending to be our prince , for charles stewart against himselfe : ( whose interest and friends forreign and domestique may at the least be put in the ballance with your brothers ) which gives life to a growing root of a civill warr ; and adde farther , your rendring all knowing conscientious men desperate of their liberty bought with their bloud , & then remember the feeble interest and repute of his lords , who in stead of supporting his throne , as their predecessours did their princes have need to be supported by it . and once more adde , that his onely hope and refuge being an army for gods assistance in such designes , ought not to be expected ) that those are natives , not his servants , nor obliged to any dependance upon him , who must against their trust and oarhs , fight against their own countrey , and their own interest , ( which is to transmit to posterity their estates in security and fr●●dome ) and that all their pay must be extorted from the people ( wherein their relations are concerned ) by taxes and collages , and that your brother must have the greatest share of them to subsist upon in his pomp , and that many of those think their own merit and value equall to your brothers , and may not be full proof against ambition , and that they will not discern what aid he contributes to the paying of the taxes , whereof he spends so much ; nor what need have they of him . then your lordship will passe a deliberate resolve , whether it be probable to settle your brother as your monarch , especially if your lordship remember w with what difficulty fear and danger your father was supported for three or foure years only under most of the contrary advantages , and above all his pretence to army and people ( believed by many ) that he abhorred the thoughts of the reviving the old monarchy , and intended to procure a settlement of true liberty . now my lord , when we think upon these things , and the work you are called to , 't is evident to us that god hath hedged up all the by-waies from your duty with thorns , or rather seas and mountains of difficulties , and made the path of righteousnesse plain and easy . 't is your duty to restore the people to their liberty , and lay solid foundations of common right and justice amongst them , and in the natural course and order of things , it appears almost impossible to make them slaves . oh then give glory to god , vindicate the profession of religion , and make your own name as sweet odours to all generations in doing your duty , as a freewill-offering , chearfully and speedily , least your own necessities , and the peoples confusions should extort it from you . your only businesse then my lord ) is to settle the order for the continuall successive assemblies of the people , to make their own laws and magistrates , all present forms being broken by you , and an absolute necessity upon you , to appoint what shall be next , though you would return back to that imperfect form of parliaments that's now become unsuitable for us as a free people . for it is essentially necessary to the securitie of freedome , that the same assemblie should never have the debating and finally resolving power in them , least it suddenly degenerates into an oligarchie or tyrannie of some few , that assembly being in such a case able to perpetuate themselves . of this the providence of god hath given as an experiment in the long parliament , who exercising both the debating and determining power , were strongly tempted to have made themselves perpetually legislators , and what else they please , and to have governed according to their private interests , which if it had taken effect , would have as much destroyed the common interest and common right , vertue and liberty , as the same power exercised by a single person , who doth also naturally make his whole government , centre in his particular interest . therefore the order that hath alwaies been in effect amongst free people , ( although with some variation of names and circumstances ) hath been this : they have ranked themselves into three orders , the people , the senate , and the magistrate , whereby they have made themselves partakers of all the benefit of the naturall democracy , aristocracy , and monarchy ; that is , they have had the good effects of all the excellent endowments for rule and order , which god hath dispensed to any of their people , and by the wise distribution of the power amongst them , with controuls to every of their corrupt affections , unto which they were prone , they have prevented the mischiefs apt to ensue , when the governing power happened to be placed solely in any of the three . by the people is to be understood , ( in large populous places where the body of the people is too large to meet ) the popular assembly chosen by the body of the people of interests and estates , who have right of sufferage amongst us . this counsell or assembly ought to be numerous , as one thousand or more , and their function ought to be , to give their affirmative or negative to all laws , matters of peace , warre , and leveys of money , and that without debate , or arguing , which would bring in confusion in so great an assembly . therefore the matters ought always to be proposed by the senate , a convenient time before , that the popular assembly may be fully advised of them , before their meeting , and then they are to be summoned to meet , by one of their own choice for that purpose : and therefore they ought to reside near the chief citie , for the time of their power , which may be for two or three years , one third going out of office every year the assembly being filled by a new choice , and this is called the power of the common wealth ; the senate is the wisedom and authoritie of the common-wealth , which is a select company , not very numerous , chosen by the whole people at the same time and in the same manner with the popular councell , and to continue for the same space , with the same changes and recruits : the office of this councell , is to manage affairs of peace and warrs , when the people hath decreed it , and to prepare all lawes and decrees , ready for their sufferage , to command the forces by sea and land , according to such lawes and orders as shall be either fundamental to the government , ( for there ought to be an instrument of government ) or made from time to time by the senate , and the people . so that the senate is to debate and propose , and the people to decree and resolve all lawes going in the name of both of these deputies , both senate and people ought to have moderate sallaries allowed them , to prevent corruption , and in some recompence for the neglect of their private affairs , those of the popular assembly may have fourty shillings per week , & those of the senate may have five hundred pound per annum , their pains , care , and expence , being to be probably much greater , regard being also had to their qualitie , now if it should not be provided in the foundation , that the popular assembly should not assume the debate , it would come to an anarchie ; but athens , which perished by that means : and if the senate should take upon them the result , it would soon be an oligarchy , ( or tyranny of a few ) for they might with a vote perpetuate themselves , and govern the nation according to their private interest ; but both counsels can never agree to perpetuate themselves , for the popular assemblies office , being not of profit , but burden , and being acpable when out of that office , to be chosen into the senate , which is of more profit and authoritie , it would be against their interest , which is the most certain bond upon mankind ) to perpetuate themselves , and the yearly change of a third in each councels , bringing the whole number by successive changes , so suddenly into their private capacities , to enjoy the good , or suffer the harmes of what is done by the councell , in an equalitie with the whole people , it is of naturall impulse , that the whole government , should be onely according to the publicke reason and interest , and cannot be imagined to deviate from the proper ends of government , neither can any brazen-wall , be so firm and lasting , against the private interest and pretence of charles stuart , as the moulding the people into these orders , there being no danger , that the senate and people should agree to de-throne themselves , to be yoaked by a monarch : and we may safely say , that no people formed into these orders , if their number held any neer proportion to lie under monarchie , were ever yet subdued by a monarch , from the beginning of the world , untill this day , unlesse they were first broken in pieces by themselves , through some inequalitie in the constitution of their orders , but mightie monarchs have been often led captives by such people . the third order , is the magistracy , wherein some are chiefe , some subordinate , some senatorian , some popular , and are chosen accordingly , being all changeable , at certain times , and wholly subject to the lawes and order of the common-wealth . and the office of these , is to execute impartially all the lawes made as is before expressed . it is possible it may consist with the common interest , to have one chiefe magistrate , in whom the title & honour of the common-wealth , may reside in publicke solemnities and addresses ; so that no publick action bee left to his discretion , we shall not mention the excellent order of armes , that is the consequence of casting a people into this forme , whereby they subsist , and become invincible by their own armies , not by mercinaries . we onely mention the first forme , wherein the foundation of libertie to a people ought to be laid , that is by establishing the popular assembly , the senate , and the magistracy ; these are essentiall unto true libertie , the superstructures have differed amongst severall free people , according to divers accidents , we shall not presume so well of our selves as to offer any direction to your lordship in them : but if god shall prepare your heart for such a worke of righteousness and honour , we shall readily throw in our mite of advice to your treasury . my lord , we have now not onely cleared it to be your lordships duetie , to make us free , but shewed wherein the foundation of our libertie must be laid , and the ground is digged to your hand , the lands being so distributed , that no one man , or small number of men can over-power the whole people , by their possessions , if we thought it needfull to quicken your affections to your duetie , we could tell you from reason and experience how strangely such a settlement of libertie would transforme the manners of the people ; luxurie would change into temperance , haughtinesse and envie into meeknesse , and mutuall love and emulation of goodnesse , servilitie and basenesse of minde , into noblenesse and generositie . who would not follow vertue for the love ? when neither alliance , flattery or any vice , could make great , but a generall sentence from popular assemblies of worth and goodnesse , we might tell you it would wash foure garments from the staines of bloud , and the armies honour from the black reproach that now covers it , and above all the profession of religion from scandall and infamy ; this would shew that you had nobler ends then yet the world believes to be in christians : if ambition pricks in your breast , for your self or your brother ; in thus doing you may set him upon a throne more noble , lofty , and commanding , then ever the stuarts possessed or designed . his free conjunction with your lordship in this work may give him merit of greatnesse in the souls of those that now disdain him , you may make your swords shine with a radiant glory beyond those of alexander and caesar , whose honour was only the same with that of the plague and pestilence to destroy mankind , yours may restore liberty to england , and propagate it to mankind . and what should hinder your lordship , surely you can fear no resistance in giving the people their right , when you feared none in many destructive attempts to their right & freedomes , besides you have an army whose interests , consciences , ingagements , yea their very passions and affections lead them this way , and in doing this you may extinguish all fears , and secure against all plots , and make all knowing men your voluntary vassalls in thankfulnesse for their liberty . but if your private interest should blind your lordships eies , and lead you out of the paths of mercie , righteousnesse and peace , to hew out a bloudy way to empire against the naturall course of things . we believe it will not be long before oppression and confusion , the consequences of such violent actings wil extort that from you , which with little more trouble then to moddle the elections for a parliament ( as they ought ) you might give us above to your eternal honour . so wishing the god of mercy and peace to direct you , we remain my lord , your affectionate servants in christ . finis . william, by the prouidence of god, bishop of exeter, to all and singular archdeacons, officials, parsons ... and all other ecclesiasticall officers ... greeeting [sic] whereas his majesty, for the seasoning of all youth in their due alleageance, hath caused a booke to bee compiled and imprinted ... intituled god and the king ... church of england. diocese of exeter. bishop ( - : cotton) approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a stc . estc s ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) william, by the prouidence of god, bishop of exeter, to all and singular archdeacons, officials, parsons ... and all other ecclesiasticall officers ... greeeting [sic] whereas his majesty, for the seasoning of all youth in their due alleageance, hath caused a booke to bee compiled and imprinted ... intituled god and the king ... church of england. diocese of exeter. bishop ( - : cotton) cotton, william, d. . sheet ([ ] p.). [s.n.], imprinted at london : . title from first six lines of text. signed at end: william exeter. reproduction of original in: society of antiquaries. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within 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print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng church of england -- government. church and state -- england. oath of allegiance, . great britain -- politics and government -- - . - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion william , by the prouidence of god , bishop of exeter . to all and singular archdeacons , officials , parsons , vicars , curates , church-wardens , side-men , and all other ecclesiasticall officers , and to all teachers whatsoeuer within our said diocesse , greeting . whereas his maiesty , for the seasoning of all youth in their due alleageance , hath caused a booke to bee compiled and imprinted , containing the sum of the oath of alleageance , intituled god and the king : or a dialogue , shewing that our soueraigne lord king iames being immediate vnder god , within his dominions , doth rightfully clayme what-soeuer is required by the oath of alleageance . and to the end that the same may bee duely read and exercised within his said kingdome , hath by his highnesse letters patents , bearing date on the thirteenth day of march last past , commanded all arch-bishops , bishops , arch-deacons , officials , and all other ecclesiasticall officers and ministers whatsoeuer : that by publique act , edict , order , or such other waies and meanes as they shall thinke fit , they make knowne his maiesties royall pleasure to be : and further to take order that euery teacher , aswell men as women , teaching eyther in the english or latine tongues , within their seuerall diocesse within the said kingdome , eyther publikely or priuately , shall take care that euery scholler ( according to their capacity ) shall and may be taught the saide booke eyther in english or latine . and that all such teachers whatsoeuer , as shall refuse so to doe , shall by the bishop of the diocesse where the said teacher teacheth , be disabled and prohibited from teaching of schollers , vntill such time as they shall conforme themselues thereunto : and further shall incurre his highnesse displeasure , besides such other punishment , as by the lawes of this realme may be inflicted vpon them , for their said contempt of his highnesse royall commandement . and further by his highnes said letters patents , hath commanded all and euery arch-bishops , bishops , maiors , bayliffes , shiriffes , iustices of peace , officials , parsons , vicars , curates , constables , and all other the magistrates , officers and ministers , and all other his subiects of his said kingdome : that they and euery of them , at all times within their seuerall iurisdictions and places , doe further the vniuersall reading and exercise of the said booke . and that euery parson , vicar , and curate , respectiuely within their saide parishes , doe take care , and see that euery childe ( taught publikely or priuately ) be taught the same eyther in the latine or english tongue , as they may best sort with the capacitie of such children . and that they and euery of them , be ayding , helping & assisting , in the due performance and execution hereof , with effect , as they tender his maiesties royall pleasure and commandement herein . these are therefore in his maiesties name , straightly to require all masters of families , and euery teacher , or teachers , men or women , priuate or publique , teaching eyther in the english or latine tongues : that they take such a speciall care , that all , and euery their youth , schollers , seuerally and respectiuely , may forthwith within the space of tenne daies next after monition giuen vnto them , by such as shall be authorised for that purpose , haue , read , exercise , and learne , and bee taught the saide booke ( order being already taken that there shall be a sufficient number of the said bookes in readinesse , in places conuenient for the buyer . ) and that the said bookes bee sold by such persons , or their deputies onely , as his maiesty hath thereunto authorised . and that they , nor any of the said deputies shall presume to take aboue the rate of sixe pence the booke , neither in latine nor english , the same being in octauo , within the said diocesse . and further that all persons , vicars , curates , church-wardens and side-men , doe at their ordinary day of appearance in any eeclesiasticall court within our said diocesse , quarterly present a true note of all their teachers , men or women within their seueral parishes , with the true number of schollers as euery such teacher teacheth , that their schollers may be furnished with bookes accordingly , together with the names of all such as shal refuse to conforme themselues thereunto . and also that all and euery the said parsons , vicars and curates , church-wardens and side-men , bee truely and faithfully ayding , helping and assisting , for the vniuersall dispersing and teaching of all youth whatsoeuer in the said booke , being vnder the age of xxi . according to his maiesties royall pleasure , and late proclamation , dated at theobals , the viii . of nouember last . commanding all his highnesse louing subiects , to obey such directions , and order , as by my lords grace of canterbury , my lords grace of yorke , and other the bishops of this realme shall be taken therein for the better accomplishment , and due execution hereof , according to his highnesse will and commandement . william exeter . imprinted at london . . an act for the better payment of augmentations out of the impropriate rectories, vicarages and tythes sequestred from papists or delinquents. england and wales. parliament. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) an act for the better payment of augmentations out of the impropriate rectories, vicarages and tythes sequestred from papists or delinquents. england and wales. parliament. sheet ([ ] p.) printed by edward husband and iohn field, printers to the parliament of england, london : . order to print dated: die veneris, maii, . signed: hen: scobell, cleric. parliamenti. reproduction of the original in the british library. eng attachment and garnishment -- england -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no an act for the better payment of augmentations out of the impropriate rectories, vicarages and tythes sequestred from papists or delinquents england and wales. parliament. c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion blazon or coat of arms an act for the better payment of augmentations out of the impropriate rectories , vicarages and tythes sequestred from papists or delinquents . be it enacted and ordained by this present parliament , and the authority thereof , that all augmentations and allowances granted or to be granted by the parliament , or the committee for plundred ministers , for or towards the maintenance of the minister of any church or chappel , out of any impropriate rectories , vicarages and tythes sequestred , or that shall be sequestred from any papist or delinquent ( the said ministers having-taken , or taking the engagement , according to the act and directions of parliament in that behalf ) shall be from time to time paid and allowed to the said ministers , until the parliament or the said committee shall give further order . and the commissioners and sub-commissioners of sequestrations in the several counties where such ministers inhabit , are hereby required , upon producing unto them the several orders whereby such augmentations have been or shall be granted ; and upon certificate made unto them of the engagement taken by the several grantees , and upon tender of an acquittance for such moneys as shall be then due , to pay unto the said ministers from time to time the said augmentation , without demanding or receiving any fee for the same ; and that the acquittances or receipts of the respective ministers as aforesaid , returned up to the treasurers at goldsmiths-hall , shall be a sufficient discharge to the said commissioners and sub-commissioners respectively ; and that the treasurer at goldsmiths-hall do put the same to accompt , without any fee or allowance for the same from the commonwealth or the party . provided , that this act extend not to the rents or revenues of any part of the premises lying within any the counties in wales , or within the counties of northumberland , cumberland , westmerland and duresm , and mentioned in two several acts of this present parliament , for the propagating of the gospel in wales , and in the four northern counties aforesaid . die veneris , maii , . ordered by the parliament , that this act be forthwith printed and published . hen : scobell , cleric . parliamenti . london ▪ printed by edward husband and iohn field , printers to the parliament of england , . an instruction unto josias bervers, francis massenden esqs; sir william roberts knight, john packer, henry pit, mathias valentine and robert aldsworth esqs; england and wales. council of state. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) an instruction unto josias bervers, francis massenden esqs; sir william roberts knight, john packer, henry pit, mathias valentine and robert aldsworth esqs; england and wales. council of state. sheet ([ ] p.) printed for giles calvert, henry hills, and thomas brewster, london : mdcliii. [ ] dated at end: given at the council of state at vvhite-hall, this fifteenth day of june . josias bervers = josias berners. order to print dated: thursday june . . signed: jo. thurloe secr. reproduction of the original in the british library. eng berners, josias. property -- great britain -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no an instruction unto josias bervers, francis massenden esqs; sir william roberts knight, john packer, henry pit, mathias valentine and robert england and wales. council of state. c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - pip willcox sampled and proofread - pip willcox text and markup reviewed and edited - pfs batch review (qc) and xml conversion blazon or coat of arms incorporating the commonwealth flag ( - ) an instrvction unto josias bervers , francis massenden esqs sir william roberts knight , john packer , henry pit , mathias valentine and robert aldsworth esqs whereas by an act of parliament , entituled , an act for sale of several lands and estates forfeited , to the common-wealth , for treason , and published the eighteenth of november . the persons , body politique , or corporate , their heirs , successors , or assigns , who were to have the benefit of the saving therein expressed , were , some time before he first day of february last , to deliver in writing unto the commissioners ( appointed by an act , entituled , an act for transferring the powers of the committee for obstruction ) or any four or more of them , a particular of his or their right , title , interest ▪ claim , demand , charge , incumbrance , or estate , in law or equity , and to obtain an allowance thereof before the said commissioners , or any four or more of them , at or before the first day of april last . and whereas severall claims have been delivered to the said commissioners , which they could not determine by the said first day of april , you or any four or more of you are hereby authorized and required , at any time before the fifteenth day of august next comming , to hear and determine all such claims and causes as aforesaid , which were delivered in , by or before the said first day of february ; whereof all persons concerned therein are to take notice , and conform themselves thereunto . given at the council of state at white-hall , this fifteenth day of june . thursday june . . at the councill of state at white-hall , ordered , that this instruction be forthwith printed and published . jo. thurloe secr. london , printed for giles calvert , henry hills , and thomas brewster , mdcliii . a declaration of the lords and commons assembled in parliament. martis ult. februarii, the lords and commons taking into consideration the miserable distractions and calamities with which this whole kingdome and nation is now infected, ... england and wales. parliament. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) a declaration of the lords and commons assembled in parliament. martis ult. februarii, the lords and commons taking into consideration the miserable distractions and calamities with which this whole kingdome and nation is now infected, ... england and wales. parliament. sheet ([ ] p.) march . london printed for john wright, in the old-baily, [london] : . [i.e. ] title from caption and first lines of text. date of publication from steele. a declaration of parliament for postponement of the assizes. reproduction of the original in the british library. eng courts -- great britain -- early works to . great britain -- history -- civil war, - -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no a declaration of the lords and commons assembled in parliament· martis ult. februarii, . the lords and commons taking into consideration england and wales. parliament. a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - john pas sampled and proofread - john pas text and markup reviewed and edited - pfs batch review (qc) and xml conversion a declaration of the lords and commons assembled in parliament . martis ult. februarii , . the lords and commons taking into consideration , the miserable distractions and calamities , with which this whole kingdome and nation is now infested , the face and cruell effects of an unnaturall civill war , being too visible and apparent in all the parts thereof , and the power of the sword so prevailing , as that the publique iustice of the kingdom cannot be expected to be administred in a just and indifferent way , but that the iudges and ministers thereof may be terrified and awed by the power of armed men , and also for preventing of inconveniences which may happen by assemblies of multitudes of people in these times of miserable distraction , have thought fit to order , and the said lords and commons in parliament assembled , doe ordaine and declare , that the severall iudges and iustices of assize , and nisi prius , and iustices of oier and terminer , and goale delivery , and their associats , and the clerkes of the assize , and every of them , of , or within any of the counties or cities of england and dominion of wales , doe forbeare to execute any of the said commissions , or to hold or keepe any assizes , or goale delivery at any time during this lent vacation , or to issue out any warrant for summoning the assizes within any county in which they shall be appoynted iudges or iustices ; and if they have alreadie issued any , that they forthwith revoke and recall the same , and herein their ready and perfect obedience is expected and required , as they will answer the contempt and neglect hereof , before the lords and commons in parliament . martis ult. februarii , . oordered by lords and commons assembled in parliament , that this declaration shall be forthwith printed and published . john browne cleri . parliamentorum . march . london printed for john wright , in the old-bailey . . chuse which you will, liberty or slavery: or, an impartial representation of the danger of being again subjected to a popish prince character of a bigotted prince. ames, richard, d. . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing a ad estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) chuse which you will, liberty or slavery: or, an impartial representation of the danger of being again subjected to a popish prince character of a bigotted prince. ames, richard, d. . [ ], , [ ] p. printed for r. stafford, london : . by richard ames. the same sheets as "the character of a bigotted prince" with different title page. the "bigotted prince" is james ii. with a half-title. with a final advertisement leaf. reproduction of the original in the british library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng james -- ii, -- king of england, - . jacobites -- early works to . great britain -- kings and rulers -- succession -- early works to . great britain -- politics and government -- - -- early works to . - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion chuse which you will , liberty or slavery : or , an impartial representation of the danger of being again subjected to a popish prince . london : printed for r. stafford , . chuse which you will , liberty or slavery ▪ &c. advertisement . the jacobite conventicle . a poem , is just published . price d. the character of a bigotted prince , &c. it has been the great unhappiness of the kingdom of england , for some years last past , to be troubled with two very different sort of persons of quite contrary tempers ; the one party of so very costive a faith , that they could believe nothing , and the other of so easy a belief that they could swallow every thing ; the first of these could not see the sun of truth in its brightest meridian ; and even mathematical demonstration signified nothing in order to persuade them ; they could not ( or at least would not ) see their native country hurried to the very jaws of ruine , and imitated nero in his stupidity , who could unconcernedly tune his harp when rome was in flames ; every thing about em seem'd pleasant and gay , they never suffered their minds to be rufled with anxious thoughts for the future , so they enjoy'd the present , and observ'd in the literal ( but corrupted ) sence the command of our saviour , to take no care for the morrow ; the most surprizing relations mov'd them not a jot , and they gave as equal a credit to an information or confession upon oath , as they would have allow'd to a chapter in rablais his history of garagantua . the other were of a quite different stamp , they could credit the most improbable stories , and the most far fetcht lyes were with them esteem'd as oracles ; they were ever at coffee-houses or places of such resort , still listning to every idle pamphleteer's discourse , with more attention than to a sermon ; they could not see a chimney on fire , but immediately some treachery they believ'd was in agitation ; and a drunken midnight quarrel in the streets allarm'd their thoughts into the belief of a massacre ; they had nothing in their mouths but plots and designs ; and holy writ it self stood upon the same bottom in their creed with some witnesses depositions ; their imagination hag-rid with suspicions and fears , daily presented them with such frightful scenes , that they were not only uneasy to themselves , but likewise to all about them , which render'd their days unpleasant , and their nights unquiet , insomuch that some of them durst not go to bed for fear next morning they should wake and find their throats cut. from these two very corrupt humours in the late times , were produced those two odious characters of whigg and tory , which were handed about so long in jest , that they soon turn'd earnest , and he was thought either a knave or a blockhead who would not suffer himself to be dignified or distinguished by one of those titles . this humour continued for some years with great violence and disorder , during the latter end of the reign of k. charles the second ; in all which time t is obvious whoever wore the crown , a great person then at court manag'd affairs at the helm . that great prince ( who had seen both the extreams of a prosperous and an adverse fortune ) by his death yeilded the throne to his only brother , in the beginning of whose reign the two discriminating names before mention'd seem'd to have been utterly forgotten ; the former in seeing a prince the darling of their thoughts and wishes now become a monarch , and the latter in their mistaken apprehensions of his unexpected clemency in affording them liberty of conscience . the storm was now abated , and mens tempers grew more compos'd , the virtues of the soveraign fill'd every mouth with his praises ; his goodness , his justice , and his piety was the theme of common discourse , and nothing but the name of james the just heard in the most ordinary conversations . it does not become a subject too nicely to inquire into the miscarriages of a crown'd head ; but this must be confest , very ill things were done , even to the alteration of the fundamentals both of our religion and government ; and this must be own'd by every one whose ears are not stopt by invincible prejudice or partiality . 't would be vain labour to descend to particulars in a discourse which is design'd to be of another nature . the jewish feast of tabernacles , tho' long time abrogated by the coming of our saviour , hinders not , nor forbids me to reflect on the dangers i escap'd in the wilderness . i may lawfully , i think , select such days in the year to consider how corporations were regulated , bishops imprison'd , and other irregularities committed in the late reign , without assembling a conventicle , and there in some lewd harrang swell every miscarriage to a prodigious greatness . the actions of princes ( evil ones especially ) are their own proper heralds , and every one of his subjects carries some short remarks of his reign in their memories . i do not believe that history can parallel the joys and triumphs of any nation upon their deliverance from oppression , with the universal triumphs of the english upon the never to be forgotten late revolution ; they seem'd like men kept a long time in durance , and now were blest with the sweets of liberty ; nay , even some of our present murmerers themselves were most forwardly active to shew their zeal for the then prince of orange , who by his coming seem'd to open the scene of a new world , and restore the english to the poet's time of the golden age again . but like true israelites , we long again for the onions and garlick of egypt , and would fain be under our old task-masters once more ; the wound which was seemingly heal'd , is now broke out again , and what we lost in the antient tory , we find reviv'd in the modern jacobite . we were told in a prophetick discourse some years since , what treatment we were to expect if a prince of the romish communion should settle upon the throne ; the effects of which every one who is not wilfully blind must acknowledg . did he not drive jehu-like in a full carreer to rome ? were not his emisaries in every great town in england regulating corporations , and poisoning the minds of the people with popish doctrins ? were not all places of trust both civil and military fill'd up with those of the romish faith , or others whom he made use of for his own ends ? were they not come to an excessive hight of impudence both in their sermons and discourses ? was not the torrent swell'd so high that they hourly expected the deluge ? were not the fences of the law ( the security of the subject ) attempted to be broke down ? and magna charta , when in opposition to the princes will , be valued no more than a cancell'd deed of conveyance ; was not an embassador sent to rome , and a nuntio entertain'd here ( to settle the protestant religion no doubt ) and a thousand other practices committed as directly opposite to the interest of the english nation , as fire is contrary to water . was all this done in a corner ? were not their actions as barefaced as the sun ? and after all this , and the deliverance we enjoy , must we go into the house of bondage again , and put on those fetters we so lately shook off ? let the seeming warmth of this parenthesis be a little excus'd ; yet i must confess , such considerations as these are almost valid enough to justify a passion , and make anger appear no fault ; for were the roman catholicks the only asserters of the rights of the late king james , the wonder would be little ; bodies often sympathise at a distance , and they by several obligations are bound to wish him success ; and while they terminate in empty hopes , let them still regale themselves with their airy diet ; i pity the deluded creatures , but cannot blame them , because they act upon their own principles ; and 't would be as unnatural for them not to pray for his return , as for a cardinal , in hopes of the popedom , to wish success to the protestant forces ; or a calvinist to drink a health to monsieur catinat : but when a sort of men guided , as they pretend , by the dictates of an unerring conscience , shall at this time of day openly declare for an exploded interest , and these protestants too , men no ways leven'd with popery , or any of her doctrin's , but zealous maintainers of the church of england , devout and pious , charitable and just , in the chief employments of the church , and the brightest of the golden candlesticks : for these so openly to declare their aversion to this present government , and their fondness for the last , is what does not a little elevate and surprise ( to use an expression of mr. bays ) and comes almost as near to a miracle as transubstantiation . a late very eminent doctor of the church , when the prosecution was violent against the dissenters , wrote a most learned tract , concerning the nicety of a scrupulous conscience ; wherein he very curiously anatomizes the several meanders and turnings of that invisible operation , and proves that humour , discontent and interest do frequently wear the livery of conscience . how nice soever some may be in point of religion , i wish these gentlemen could acquit themselves from the forementioned disguise with which they masquerade their political conscience . one would wonder what strange bewitching sophistry the church of rome makes use of to blind the understandings of her votaries , to that degree , that they are continually mistaking their own interest , and tamely to deliver up their bodies , souls , reputation and fortunes for the reversion of purgatory hereafter , only for the slight gratification of their humours here ; and i appeal to the greatest asserter of king james his interest , if they can produce any crown'd head in england since the conquest , who was half so infatuated and bigotted to the interest of the see of rome , as the late king : indeed we read of a religious edward , and a pious , devout henry ; but our english history cannot afford us one instance of a prince who would sacrifice his own honour , his kingdoms safety , his interest abroad , and the love of his subjects at home , meerly out of a mistaken zeal to the advancement of the romish faith ; the most solemn oaths and protestations esteem'd do more than words of course ; and that which was held sacred amongst all mankind , valued as nothing in competition with a command from the apostolick chair : the old lady at rome with all her wrinkles , has still some charms to subdue great princes ; and tho she has abus'd , depos'd , and murther'd so many of her lovers , yet she finds every day some new admirers who are proud of her charms ; a practice which comes as near a miracle , as any that church in her legends can boast of ; and i hope some passages in the late reign are not so forgotten , but they may serve to justify the truth of the assertion . indeed for our amusement we were once told by a popular pen , that allowing a king upon the english throne , principled for arbitrary government and popery , yet he was clog'd and shackl'd with popular and protestant laws , that if he had ne're so great a mind to 't , there was not a subject in his dominions would dare to serve him in his design . how true this assertion has since prov'd , let any indifferent person judge ; the late king himself both dar'd and found no small number of his subjects as resolute as their master , to alter the whole frame of the english government ; he found not men only of his own communion , but men of all religions , or rather of no religion at all , whose desperate fortunes push't 'em on to the most daring enterprises ; ' his single command added life to their motions ; and no wonder he found tools to work withal , when all the obligations of law were shrunk into the small compass of a princes will , and the musty lines of magna charta dwindled to a sic volo , sic jubeo . several other artifices were us'd , to let us conceive a popish prince no such terrible bugbear as common fame represents him ; as that the idolatrous superstition of the church of rome was by a long series of time so worn off the minds of the people , and the reformation so strongly rooted , the church of england so firmly establish'd , the romanists so detested for their innovations in doctrin and absurdity in ceremonies , &c. that it was impossible ever to fix popery here : but , alas , 't was meer delusion , we quickly saw through the juggle , and the state-quacks discover'd their leigerdemain tricks too openly ; and had not almighty god by a most surprising , and almost unparllel'd providence deliver'd us , i know not by this time , but that the name protestant had been as odious in england , as the term of hugonot is now in france ; and the dominicans and franciscans left their cells in lincolns-inn-fields and the savoy , to have sung their regina coelorum in all the cathedrals in england . i am not ignorant how some persons do still magnifie the merits of the late king , as to his private virtues , as his being descended of the blood royal , his inviolable tenderness for his friend , the exact correspondency of his mouth and heart , his courage against the dutch , &c. but these were glimmering rays of his , which shin'd upon some few only ; for when he came to his meridian , they chang'd their nature , and the scorching beams of his zeal for his religion got the ascenednt of all his other accomplishments , which so clouded his discerning faculties , that he mistook his friends for his enemies , and his enemies for his friends ; the most sage and deliberate advices given him in opposition to beloved jesuits , were censur'd as intrenchments upon his prerogative , and the single ipse dixit of father peters , valued above the joynt council of the realm ; the colledges of oxford and cambridg esteem'd as nurseries of hereticks , and the president and fellows of magdelen colledg most illegally ejected from their just rights , to receive upon the foundation a sort of sparks who were neither schollars nor gentlemen . priviledg was swallow'd up by prerogative , and know i am your king , was a supersedeas to all manner of humble petitions and remonstrances ; his priests , those fatal scorpions , he so hugg'd in his bosom , were the chief incendiaries , and contrary to our known laws , swarm'd over from doway and st. omers , greedily gaping after preferments , which they needed not have wanted , could his will alone have placed them in ecclesiastical dignities ; they must be humbly content with titular and imaginary bishopricks in nubibus , till the stubbern hereticks who enjoy'd 'em , would at once part with their reasons and their livings together . but the greatest occasion of his arbitrary government , and the aera from whence he may date all his late misfortunes , was his friendship with the french king , a right son of ishmael , whose hand is lifted up against every man's , and every man 's against his ; a man who has not one single virtue to counterballance that prodigious stock of vices which harbour in his breast ; a man who has built a reputation upon the ruins of his neighbours kingdoms ; and yet with this gallick nimrod did the unnfortunate king james contract a mo●● lasting alliance . i perceive i am stopt in my assertion , and a little dabler in politicks challenges me to prove the contract : 't is true , we cannot shew the original deed , with their signets and names affixt to it ; but he must surely be delivered over to unbelief , who cannot credit such circumstances as serve to clear the matter from all doubt or hesitation : who promoted the marriage of the duke with the princess of modena ? who defraid the charges of her journy , and paid the greatest part of her fortune , but the french king ? if this will not satisfie , pray examine coleman's letter to sir william throgmorton ; the duke 's then agent at the french court , where he tells him , that when the duke comes to be master of our affairs , the king of france will have all reason to promise himself all that he can desire ; for according to the dukes mind , the interest of the king of england , the king of france , and his own , are so closely bound up together , that 't is impossible to separate them one from the other , without the ruin of them all three ; but being joyned , they must notwithstanding all opposition , become invincible : there are other letters between mr. coleman and father le chaise which carry such undeniable marks of a contract between king james when duke of york and louis le grand , that none but those devested of common sense , can have reason to doubt it : if this is not throughly convincing , let any one consult the memorial given in by monsieur d' avaux , the french embassador at the hague , sept. th , which if the curious reader desire to see at length , i refer him to the st vol. of mercurius reformatus , or the new observator , no. . wherein the ingenuous author of that paper , does prove it beyond all possibility of contradiction . there are several other arguments as unquestionable as the former , which for brevity's sake , i omit . and now 't is time to breath a while , and consider what are the those regal virtues , of which , if a prince has not a share , he will hardly answer the expectations of his people , nor the ends of government ; they are generally recon'd to be piety , prudence , justice , and valour ; but if his piety degenerates into biggottism , his prudence into unsteady timerousness , his justice into acts of cruelty and severity , and his valour into rashness and obstinacy ; what ever his flatterers may say of him , yet certainly he is unfit to govern. let the reader apply the character where he pleases , and find a crown'd head whereon to fix these four vices , by another name call'd virtues . how much of the comparison may fall to the late king's share , we know not ; but of his bigottry , zeal , ( or what other name you please ) to his religion , i believe by this time the world wants not to be convinc'd ; for if for arguments sake we should allow ( what we cannot believe ) viz. a merit in religious actions , certainly the late king has bid the fairest for cononization , after his death , of all the crown'd heads who have liv'd these two centuries , who would sacrifice three kingdoms to the capricios of a priest ; but be it unto him according to his faith ; and indeed it is but just he should expect a crown in heaven , if for its sake he has lost one on earth . this in a few lines we have given the character of a bigotted unfortunate prince : but leaving him at his devotions , let us a little return homewards , and observe a sort of men who are so very impatient under this government , that their very looks express their discontent ; they are as uneasy , tho in the sun-shine of liberty , as the slaves at algeirs are with their chains ; they cannot take an oath to a government that will protect 'em , and nothing will ever satisfy them , but the return of their old master . good god! to what stupidity is mankind arriv'd ? to dislike the most easy government in the world , to espouse that which is the most barbarous in its nature : a government that in measures of cruelty exceeds ev'n the most savage communities on the coast of india ! a government so debauch'd with false religion , that considering the interest of mankind , and the ill usage it exposes mens persons and fortunes to , it could be almost wisht that such a religion had never been known in the world. in the name of wonder , what would these gentlemen have ? they were many of them ( at least many pretended to be ) uneasy under the last , when popery and arbitrary government seem'd to come as an armed man ; and now they are almost beyond the possibility of such fears , they murmur : of what mercurial temper are the english compos'd , that they can never be setled ? popery was once their terrour , and now that is remov'd , they fear they know not what ; like men in feavers , they are restless in this bed , and when remov'd to another , are as uneasy in that . i appeal to any of them , if the pressures that gawl their shoulders , either in their persons or fortunes , was not brought upon themselves by their own perverse obstinacy , for which conscience is still the pretence ; the government would have them live easy , and enjoy their estates and preferments both civil and ecclesiastical , nor would molest them while quiet they might sit under their vines and under their fig-trees , but they will not ; and if men will turn themselves out of all , in compliance to a humour , who can help it ? it must be confest , that when once the persons of kings grow contemptible , or little in the eyes of their subjects , their smallest miscarriages are magnified to that degree , as very often terminates in their ruin : but there is an errour on the other hand , when the worst actions of princes shall be thought innocent ( for according to some persons creed , a king can do no wrong ) and the belief of passive obedience is carried so high , that even his arbitrary proceedings shall be winkt at : this is to exceed even the arts of the turkish policy , who pay not a greater veneration of their grand signiors , than some of our zealots do to the late king , they solemnly drink his health upon their knees , and pray for him in their private devotions affectionately ; nor do they forget him in the publick liturgies of the church , for every one knows the secret mystery of bless and protect the king our governour . to be short , nothing will serve them but his return , to redeem them out of their imaginary bondage ; for this they wish , for this they pray : nay , the jews themselves do not at this day with greater impatience and mistaken zeal expect the coming of the messias , than these kind of men do for the restauration of king james to his crown and dignity . let us therefore a little examin what specious pretences they have for such an ambition ; and tho indeed they are as shy of revealing the secret , as they would be of a fairy treasure ; yet by some expressions occasionally dropt in conversation , 't is not very hard to conjecture some of them . as first , they are great pretenders to moral justice ; they say king james had a great deal of wrong done him , and being their soveraign prince , they are obliged to see him righted . are they so ? but who gave them the commission ? their conscience , they will tell you , but their conscience is so great a riddle , that it will never be expounded ; their conscience would have king james in his throne again , tho never so much bloodshed and miseries might ensue ; their fondness to his person closes their eyes and stops their ears to all the calamities their fellow subjects must necessarily suffer by such a revolution ; nay , this very conscience of theirs , was one of the chief occasions which prompted the late king to commit those arbitrary actions in his shortliv'd reign ; they told him he might do what he pleas'd , and for for his actions , was accuntable to none but god , tho he should turn upside-down our laws , religion , and liberties , and that we were tamely to submit our necks to the blow when ever he should command it , in spite of laws , tho it were in the power of our hands to save our selves by a just defence . no wonder then upon such considerations as these , and prompted by the native cruelty of his own religion , he permitted those unaccountable actions to be committed ; and he is as much beholding to those fiery sticklers for the loss of his crown , as he was to father pretre's , and other jesuetick advice . it is the nature of mankind to covet liberty , and to have all things about them easy and free : now i would ask these gentlemen what greater freedom they can expect , were their beloved prince reinstated in his throne again , than what they now enjoy ? are not their fortunes secur'd to them by the best laws in the world ? who goes about to invade their properties , or devest them of their estates ? yes , they reply , some bishops and other ecclesiastical persons have lost their livings and means of subsistence , because : — yes , the because is very well known , because they cannot take the oaths . it would have been wisht , that those reverend persons would have inform'd the world with the reasons of their non-compliance , which might have regulated the unthinking minds of some of their bigotted followers , who out-do even the votaries of the church of rome in an implicit faith ; and believe 't is not lawful for them to swear to the government , because dr. such a one refuses the oaths . a very pretty conclusion ; but allowing it to be conscience in their own acceptation , i believe when humour , prejudice , and some other niceties are separated from it , the thing call'd conscience will appear in this case but an airy notion . some of the most moderate of them , i confess , who are great lovers of the late king , could wish him here again without the assistance of the french ; but if their faith was but as strong and powerful as their hopes , they might certainly remove mountains , and joyn the alps to st. michaels-mount in cornwall ; but these are wishes as improbable as they are impossible to be effected ; for you may as easily separate heat from fire , or moisture from water , as divide the interests of king james , from those of lewis the fourteenth ; no , no , like hippocrates his twins they must live and dye together ; and therefore these fort of men deserve rather our pity than our laughter . but there are another sort who will have their old master return again , though by never such indirect means ; and are as glad when they hear of the success of the french arms , as they would be to receive the news of the death of some decrepid relation of theirs , who by his exit , leaves them a plentiful estate . and let mons and flanders , savoy , and all the confederate countries be reduc'd to heaps of ruins , so their dear king may come to his throne again , though he enter'd the city of london with luxemburgh and boufflers at the head of fifty thousand french dragoons . these are hopeful protestants i'faith , blessed reformers and defenders of the christian church ; fresh straw and a dark chamber , cooling purges , leeches and blood-letting are only fit for such as these ; they are mad beyond the cure of hellebore : but because it is necessary sometimes to answer a fool according to his folly. let us ask em what mighty mischiefs have the dukes of savoy , and bavaria , the electors of brandenburgh , mentz , and cologne , the emperour of germany , the king of spain , and the vnited provinces ▪ done these gentlemen , that they are so mighty angry with them , and could wish the sculls of all their subjects were to pave the way for king james his accession to a forfeited throne ? how came these involv'd in the quarrel ? must king james his supposed right , like pharoah's lean kine , swallow up all other princes properties ? what has he done to be so much the darling of mankind , that other mens glories must be ecclips'd to make his glimmering rays shine the brighter ? are great britain , france and ireland , to be the only goshen , and must there be darkness all over europe besides ? these men are a most strange sort of political predestinarians , who will allow no peace nor plenty to any but their master and his friends ; and it is hard to be determin'd , whether folly or madness has the greatest share in the composition of their hopes . all pity and humanity to their fellow creatures is laid aside , and they seem to exceed the indian cannibals in acts of cruelty , for how severe they may be to strangers , they yet seldom devour those of their own tribe ; no man that hears 'em discourse , can certainly keep within the bounds of moderation ; for who ever has the patience to hear their arguments , will certainly expect better . reasons in bedlam , from the lucida intervalla of a lunatick . the love of ones country , was ever by the most polite nations , esteem'd as the characteristical mark of a noble soul , and vincit amor patriae , seem'd to be written in indelible marks upon their breasts ; for this the ancient greeks and romans were famous , remarkable to this purpose is the relation livy gives us of curtius a noble roman , who when the earth was sunk with a wide gap in the middle of the forum , and it was told , it would not come together again , unles some prime young nobleman were put into it ; he to deliver his country , mounted on horse-back , rode into the gaping chasma : but we on the contrary , have a sort of men amongst us , who would gladly see their native soyl over run with a knot of villains , to gratifie one mans lust of power on the one hand , and their unaccountable humour on the other . i would fain ask them , supposing the possibility of such success , whether the french arms are so well bred , as to distinguish them from the rest of the english sufferers by such a revolution ( to which that of the goths and vandals in italy , was but a civil visit ) ? i fear like tarpeia the vestal virgin , who covenanted with the sabines to betray the capitol to them , for what they wore on their lest arms ; but when they were entred , into of bracelets which she intended , they threw their targets upon her , and pressed her to death ; so would these very men suffer in the common calamity ; for the french , as well as other nations , agree in this , that though they love the treason , they hate the traytors . to invert a little the words of mr. dryden to the reader , before his poem of absalom and achitophel , every man is a knave or an ass on the contrary side ; and there 's a treasury of merits in sam 's coffee-house , as well as in richard's at the temple ; but the longest chapter in deuteronomy has not curses enough for well-wishers to the french. it was the speech of a moderate gentleman in the long parliament , when the faction in the house of commons was high against the bishops , and the establish'd church , gentlemen , ( says he ) let us see the model of your new intended superstructure , beforè you pull down the old one . if we should ask some of these fiery bigots for the interest of the late king , what advantages they can propose to themselves by his return ; unless like the unrewarded poor expecting caviliers at the restauration of king charles the second , they can be content to be loyal and starve ; for if the latter end of king james his imaginary reign , should be of a piece with his first real beginning , he will still neglect his truest friends , and stick close to flattering enemies . with so deep a root has the advice of a chancellor , about the year , still remain'd in the breasts of the princes , oblige your enemies , and your friends will be true to your interest . but i have wandred from my subject , by a long , but i hope , not very impertinent digression , and therefore ( asking my reader 's pardon ) return to my subject , or rather the applicatory part of it . we have seen the character of the prince and his bigotted followers ; and as all things are best set off by examples , let us now draw a parallel or landscape of the two different complexions of the reigns of king william and queen mary , and king james , and what we are unavoidably to expect , should almighty god in the course of his providence , for our punishment , and the gratification of some restless spirits , bring king james to his throne again : of the ease and tranquility of the first we are certain , but of the horrour of the latter , the most terrible ideas we can form of it in our imaginations will come short of the life ; for as the safety we now enjoy , almost exceeds our hopes ; so the stripes we must then feel , will transcend our very fears . in the person of the king , we have a prince who is truly ( what the historian says of titus ) humani generis deliciae , who has centred in his person all the valour and wisdom of his ancestors : a prince so truly great , that those lawrels which add such lustre to anothers brow , look but faintly on his , he needing no additional varnish to set off his native goodness : a prince , born to be the arbiter of christendom , whom all the crown'd heads and states of europe adore as the only person who must break the jaws of the french leviathan : not the greatest dangers which so terrify pusilanimous minds , can at all move him , who caring not for an inactive inglorious greatness , expos'd his sacred person to rescue these ungrateful kingdoms from the moct insupportable tyranny of arbitrary power ; since which , in ireland he gave most invincible proofs both of his courage and conduct ; the united force of europe could not concert their measures against france , till his presence influenced their counsels at the hague , to which he went through a thousand perils at sea ; after a short return , he is now gone again to flanders to head that prodigious army : victory seems to accompany him in attempts of war , and his worst enemies must own him to have the very soul of courage . in the person of the queen , we have a second queen elizabeth ; but with respect to her sacred ashes , we may say , the copy far exceeds the original . never did a crown'd lady shew more conduct and magnanimity than when the french fleet was upon our coast , when her illustrious husband was fighting in ireland : a princess , whose thousand charms make her fit to rule , and command even respect from her very enemies ( if any such there are ; ) her majesty is temper'd with so much mildness , that at the same time , she neither invites nor forbids access ; the glory of her own sex , and the admiration of ours . under these two illustrious persons is england , &c. at this time govern'd by the most exact laws that ever were made , the prerogative of the king not dominaring over the priviledges of the people , the church of england flourishes , not withstanding the peevishness of some of her votaries ; and the dissenters enjoy their liberty of conscience without design : the great blessing of this nation , viz. the parliament , does frequently meet , and their votes are unanimous for supplies for the nations good : the taxes by them levied are ( excepting by some few discontented spirits ) willingly paid , and the people satisfied that their mony is employ'd for the uses intended , not lavishly and unaccountably thrown away on pensioners , &c. every man enjoys his plentiful or ▪ competent fortune , with all the freedom imaginable ; no tricks are made use of to decoy us into slavery ; from the very prospect of which , the king designs by his utmost endeavours to free us by appearing himself in person at the head of the confederate army , in opposition to the power of france : he designing to rescue the glory of the english nation from that stupidity , the luxury , and effeminacy of the late reigns had obscur'd it with ; and we have nothing to render us unhappy but our own groundless fears and jealousies , in which unaccountable humour , if we still persist , like the seditious amongst the jews , we shall do our selves more mischief within the walls , than our enemies could possibly do without , when the glory of their city and nation yeilded to the arms of the romans , who could never have conquered them , had not their murmurers within done more execution to themselves , than all battering rams of titus could possibly effect against their walls . but now to shew the reverse of the medal . if king jame's return to re-assume his justly forfeited right , as no human reason can possibly suppose him to come in without the assistance of the french , let us consider what a field of blood will our country be ; he coming in like a conqueror , will make us quickly feel the difference between the easy government we now live under , and the insupportable tyranny we must then endure ; his imaginary zeal for the defence of the protestant religion , being long since quench't by the affronts he pretends to have suffered by those of that communion ; then will rome erect her standard in defiance to all the methods of the reformation , and popery become the standing religion of the nation . it cannot be suppos'd that the instructions he has receiv'd from his great patrone lewis , will easily be forgot ; and he who when in a private capacity would ever hardly forgive one whom he suppos'd had done him wrong , will now be hardly brought to forget a national indignity ; he will never certainly listen to any overtures of capitulation ; and 't is impossible to believe that things can be ever accomodated between an incens'd prince , and ( as he supposes ) a rebellious people . he has not so long breath'd in the air of france , as not to learn its tyrannical and arbitrary maxims ; and the ( as he thinks ) meritorious zeal of propagating his own religion , will let him stick at nothing , how arbitrary soever , to establish it . we may indeed imagin him to be of a merciful nature , and that all shall be forgotten as if never done , and that an act of indemnity will make all even again ; but those who are so blinded as to believe these fair promises , et them but look into an act of his own , dated at his residence in dublin . and in a proclamation of his , to his pretended subjects in scotland , may . . he is most graciously pleas'd , not only to incourage his friends to be destoryers of mankind , but likewise offers them pardons for such inhuman cruelties : telling them in the said proclamation , 't is his pleasure they should rise in arms , and assault and destory , and what ever blood-shed and slaughter , mutilations or fire-raisings should be done to these rebels , ( as he calls the scotch ) his proclamation should be their sufficient warrant for such acts. if this is his kindness for the scotch nation , can we think the english will more civilly be treated ? no , no , let us no longer amuse our selves with fancies of his clemency and kindness . we live under a government where we may be hapy if we please , and nothing but our discontent can render us miserable ; for as certain as there is a providence , if ever such a fatal revolution should happen , not savoy , nor piedmont , nor all the places where the arms of the french have ravag'd , were ever such scenes of blood and confusion as england will be . we are now in our crisis , and a few months will , in all probability , determine the fate of europe in general , and of our own country in particular ; and upon the success of the confederate army , headed by our most victorious prince , depends the liberty or slavery of the most civiliz'd part of the world. postscript . at the conclusion of this discourse , i imagin some smiling reader finding fault , and by his looks would seem to tell me the landskips are as ill drawn as they are ill design'd , and that the lyon is not so fierce as he is painted , nor will the return of a prince of the romish commifon be so terrible to his protestant subjects as i would seem to represent . but in answer to this , i must acquaint the gentleman , that i fear i have communited an error on the other hand , and instead of adding fierce colours to make the piece seem tremendous : i have used such faint shadows as do not heighten the picture . partiality and prejudice are very ill spectacles , and but too often cause a false medium . i have seen a picture , which if one lookt obliquely upon , on the left hand were represented the heads of three fair ladies ; but if you chang'd the position of your body , and stood on the right hand of the design , the very same picture shew'd you a monkey and two parrots . i know not on which hand my reader 's judgment stands , which valued faculty of ours we find to be very often deluded ; for if i may apply a place in holy writ , very pertinent to this purpose , only exchanging the case of the father for that of the son ; they who form such terrible ideas of the imaginary severities they feel under the present reign , where they are only beaten with rods , will at the return of their idoliz'd prince , be chastis'd with scorpions . finis . books printed for r. baldwin . new predictions of the fate of all the princes and states in the world. price . sodom fair : or the market of the man of sin. containing , a true account of the prices of the pope's pardons and dispensations ; being a treatise very useful and necessary for all young english papists , who intend to take holy orders , or travel through italy ; and all such as intend to be cheated both out of their souls and mony. to which is added the history of adultery , as it is now at rome by law established ; with the life of clement the sixth , and blasphemous bull which he published for the year of jubile , . a journal of the late motions and actions of the confederate forces against the french , in the united provinces , and the spanish netherlands . with curious remarks on the situation , strength and rarities of the most considerable cities , towns and fortifications in those countries . together with an exact list of the army . the present state of christendom consider'd , in nine dialogues , between i. the present pope alexander the viii . and lewis the xiv . ii. the great duke of tuscany , and the duke of savoy . iii. king james the second , and the marescal de la feuillade . iv. the duke of lorrain , and the duke of schomberg . v. the duke of lorrain , and the elector platine . vi. louis the xiv . and the marquis de louvois . vii . the advoyer of berne , and the chief syndic of geneva . viii . cardinal ottoboni , and the duke de chaulnes . ix . the young prince abafti , and count teckly . a fresh discovery of some prodigious new wandring-blasing-stars, & firebrands, stiling themselves nevv-lights, firing our church and state into new combustions. divided into ten sections, comprising severall most libellous, scandalous, seditious, insolent, uncharitable, (and some blasphemous) passages; published in late unlicensed printed pamphlets, against the ecclesiasticall jurisdiction and power of parliaments, councels, synods, christian kings and magistrates, in generall; the ordinances and proceedings of this present parliament, in speciall: the national covenant, assembly, directory, our brethren of scotland, presbyterian government; the church of england, with her ministers, worship; the opposers of independent novelties; ... whereunto some letters and papers lately sent from the sommer-islands, are subjoyned, relating the schismaticall, illegal, tyrannical proceedings of some independents there, in gathering their new-churches, to the great distraction and prejudice of that plantation. / published for the common good by william prynne of lincolnes inne, esquire. prynne, william, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing p thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) a fresh discovery of some prodigious new wandring-blasing-stars, & firebrands, stiling themselves nevv-lights, firing our church and state into new combustions. divided into ten sections, comprising severall most libellous, scandalous, seditious, insolent, uncharitable, (and some blasphemous) passages; published in late unlicensed printed pamphlets, against the ecclesiasticall jurisdiction and power of parliaments, councels, synods, christian kings and magistrates, in generall; the ordinances and proceedings of this present parliament, in speciall: the national covenant, assembly, directory, our brethren of scotland, presbyterian government; the church of england, with her ministers, worship; the opposers of independent novelties; ... whereunto some letters and papers lately sent from the sommer-islands, are subjoyned, relating the schismaticall, illegal, tyrannical proceedings of some independents there, in gathering their new-churches, to the great distraction and prejudice of that plantation. / published for the common good by william prynne of lincolnes inne, esquire. prynne, william, - . [ ], , p. printed by john macock, for michael sparke, senior, at the sign of the blue bible in green arbour., london : . annotation on thomason copy: "july th". reproduction of the original in the british library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng great britain -- politics and government -- - -- early works to . great britain -- church history -- th century -- early works to . bermuda islands -- religion -- early works to . - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - john pas sampled and proofread - john pas text and markup reviewed and edited - pfs batch review (qc) and xml conversion a fresh discovery of some prodigious new wandring-blasing-stars , & firebrands , stiling themselves nevv-lights , firing our church and state into new combustions . divided into ten sections , comprising severall most libellous , scandalous , seditious , insolent , uncharitable , ( and some blasphemous ) passages ; published in late unlicensedprinted pamphlets , against the ecclesiasticall jurisdiction and power of parliaments , councels , synods , christian kings and magistrates , in generall ; the ordinances and proceedings of this present parliament , in speciall : the nationall covenant , assembly , directory , our brethren of scotland , presbyterian government ; the church of england , with her ministers , worship ; the opposers of independent novelties ; and some seditious queres , incitations , practices , to stir up the commonalty & rude vulgar against the parliament , assembly , ministery ; worthy both houses , and all sober-minded christians serious consideration , detestation , and crying for speedy exemplary justice on the libellersand libels , to prevent our churches , religions , parliaments , kingdomes eminent ruine . whereunto some letters and papers lately sent from the sommer-islands , are subjoyned , relating the schismaticall , illegall , tyrannicall proceedings of some independents there , in gathering their new-churches , to the great distraction and prejudice of that plantation . published for the common good by william prynne of lincolns inne , esquire . take heed therefore , that the light which is in thee be not darknesse : if thine eye be evill , thy whol body is full of darknesse : if therefore the light that is in thee be darkenesse , how great is that darknesse ? luk. . . mat. . . these filthy dreamers despise dominion , and speak evill of dignities : these are raging waves of the sea , foaming out their own shame ; wandring stars , for whom is reserved the blacknesse of darknesse for ever . jude . . london printed by john macock , for michael spark senior , at the sign of the blue bible in green arbour . . to the high and honourable court of parliament . most religious and judicious senators , i here present to your saddest thoughts and serious deliberations , an abstract of sundry most scurrilous , scandalous , seditious railing libels , lately published to the world in print , by some anabaptisticall independent sectaries , and new-lighted fire-brands ; wherein the undoubted priviledges , ordinances , just proceedings of parliament ; the reverend assembly of divines ; our brethren of scotland ; the church of england , with her government , ministers , worship ; the nationall covenant , directory , presbytery ; professed defenders of the parliaments priviledges , ordinances against their licentious schismaticall practises , ( according to their solemn vow and covenant ) are so audaciously affronted , oppugned , slandered , railed against ; and the common people so earnestly excited to mutiny against the parliament assembly , presbytery , government and ministers of our church of england , that i am confident no former age did ever produce such monstrous insolencies , such detestable virulent libels , which neither the honour , justice , nor wisdome of that soveraigne court of justice wherein you are assessors , nor the peace and safety of our religion , church , state , nor your own personall security , nor the nationall vow and covenant , ( engaging both your honours and all others who have taken it against these pernitious mutiniers ) can any longer suffer you patiently to tollerate ( as hitherto you have done ) without exemplary proceedings against , and punishments upon the authors , printers , publishers , dispersers of these most scurrilous and mutinous pamphlets . wherein they most injuriously and falsly revile , traduce all such for persecutors , fighters against christ and his kingdome , enemies to the wayes of christ , pulling his royall crown from off his head , his kingly scepter out of his hand , oppugners of the most religious , conscientious , godly , best-affected party ( as they pharisaically and falsly terme themselves ) dividers betweene the parliament and their best , their faithfullest freinds ; prophane apostates , popish jesuiticall incendiaries , haters of gods people , and the like ; who out of conscience , solid judgment and cordiall affection to the safety , tranquility of religion , parliament , church , kingdome , dare openly by word or writing , maintain the undoubted jurisdiction of parliaments , synods , magistrates in ecclesiasticall affaires , or oppose their factions , schismaticall independent wayes and innovations , destructive both to magistracy , ministery , vnity , parliaments , and that blessed reformation so much desired . for my owne particular , i have with much patience and contempt endured , without any reply at all , their false unchristian invectives against my self , only for writing in vindication of the undoubted ecclesiasticall jurisdiction , directive and coercive power of christian emperours , kings , magistrates , parliaments , in matters of religion and church-government , in my , truth triumphing over falsehood , antiquity over novelty , published with your speciall approbation ; and my independency examined , ( which have much incensed this waspish generation , unable to give any satisfactory answers to them ) and i should have continued silence still , had my own private interest only been concerned . but when i discerned them to be so audaciously licentious , presumptuous , as to a set their mouth against the heavens , to b revile the very gods themselves , and curse the rulers of the people ; c to despise government and speak evill of dignities , to bring railing accusations against , and d resist the higher powers , publishing libell after libell , against the proceedings , ordinances , and jurisdiction of the present parliament and assembly , yea with antichristian pride , to e oppose and exalt themselves above all that is called god , or that is wershipped ( as they have lately done , in the pamphlets hereafter mentioned , and in the nativity of sir iohn presbyter , &c. freshly published since the rest ; every of these latter libels being more seditious and pernitious then the former ) and f barrabas like , to stirre up sedition and insurrection among the people , against the ordinances , votes of parliament , and that ecclesiasticall reformation and pre-byteriall government you have resolved to establish ; g my bowels ; my bowels were pained within me at my very heart , so that i could not hold my peace , nor keepe silence any longer , because thou hast heard , o my soul , the sound of these seditious trumpets , and the alarme of this schismaticall anti-parliamentary war : yea should i now refraine from writing , the very stones themselves would immediately cry out against their most infamous libels and mutino●s presumptuous practises , opposite to all publike order , government , authority . and the rather am i necessitated to this ungratefull worke , because their very libels , actions , speeches proclaime a plotted avowed confederacy among some furious ringleaders of these independent sectaries ( though i presume the more moderate are not guilty of it ) against the parliament , assembly , and all their resolves in matters of religion or church-government , yea , against our very church , ministers , and tithes the meanes of their support ; as their libellous passages against the ecclesiasticall power , proceedings of the parliament and assembly ; their publike oppositions against the nationall covenant , directory , the ordinances prohibiting disorderly & unlicensed printing of libellous scismaticall pamphlets ; against lay-mens preaching in the army or else-where ; for due payment of tythes , &c. recited in the ensuing sections , will at large declare . and that which further confirmes me in this opinion , is : first , the new seditious covenants which the members of some independent congregations enter into ; to adhere , defend , maintain , to the utmost of their powers , and contend for , even unto blood , the establishment of that independent form of church government which themselves have set up and submitted to , and oppose the presbyterian , in contempt of the parliaments authority : in truth meere anti-covenants of the nationall league and covenant , which they utterly refuse to take , and rayle against . . their menacing predictions to the assembly and presbytery in their two last k libels ; wherin they print , that the time hastens the people will call them to an account , and repell and confound them by the sword ; that the life of sir iohn presbyter is like to be neither long nor good ; that he wil be brought to a sudden untimely end , perhaps hanging . that presbytry shall live but a short time to do mischeife , and then , the common people will beg in to sing , her tosse , the devil 's dead ; presbytery will quickly dye , the synod be dissolved , the divell chained up : and therefore follow the advise of old cat● ; spem retine . rejoyce o heavens , sing aloud o earth , clap thy hands for joy , o england-post nubula soles ; thou shalt have a time of quietnesse , of pence , of content , for presbytery will have never a child to vexe thee , to imprison thy free denizens , to sucke up thy fatte , devoure thy good things and eat up thy bread out of thy childrens mouthes , and himselfe is not long lived , as i shewed before ; and then farewell persecution for conscience , farewell ordinance for tithes , farewell ecclesiasticall supremacy , farewell pontifical revenue , farewel assembly of divines dissembled at westminster , you shall consult together no more , farewell sr. simon synod , and his son presbyter iacke . gens antiquaruit , multos dominata perannos , &c. which passages , presage and intimate nought else , but a plain conspiracy , confederacy , against the assembly , presbytery and presbyterian party . . some late seditious speeches of two preaching captaines of this schismaticall confederacy ; who being apprehended and questioned by sr. samuell lukes officers for preaching in newport-pannell , and other places neare adjoyning , in contempt of an ordinance of parliament made the . of april . which ordaines , that no person be permitted to preach who is not ordained a minister ▪ threatning condigne punishment to the offenders against it for their contempts ; enjoyning sr. thomas fairfax , the lord major , the committee of militia for london ; the governours , commanders , and magistrates of all garrisons , castles , places of strength , citties , townes , forts , ports , and the respective committees of each county , to see the same duly observed in the army and places aforesaid , and make speedy representation to both houses , of such as shall offend therein . these captaine preachers ; ( far wiser then that devout centurian cornelius , who feared god with all his house , and prayed to god alwaies ; yet never turned preacher to his owne band , for ought we read , but by gods own direction from heaven , sent for the apostle peter to instruct him and his family , acts . ) among other speeches averred ; that they were illegally used by sr samuel in being apprehended ( for their contempt against this ordinance ; ) most fasly and seditiously affirming , that the generall & all the colonels in the army were deeply engaged . in their designe : that they would acquaint their friends in the hovse of commons of their bad usage , that they had done nothing but taught the word of god ; ( among other things , that wee had no true church not ministry , and that the children of beleevers had no more right to baptisme then those of infidels , &c. ) which they would justifie , and those friends likewise : that they had commission from the parliament for what they did , &c. whereupon one capt. oxford answering them ; that he was confident there were few or none in the house would uphold them ( against an expresse ordinance of both houses ) and that the generall and collonels would not side with them in this case : the said pedicant captains replyed ; that should be tryed speedily : for they were resolved to make this businesse the leading case of the kingdome for all the godly party : adding ; that if the godly and wel-affected party were thus persecuted , they should be forced to make a worse breach then what was yet , when they had done with the kings party : and telling ensign ratford and his souldiers , that they were worse then cavaliers ; and that when they had made an end of the war with the cavaliers , they shovld be forct to raise a new army to fight with them . certainly these seditious privy covenants , libels , speeches , compared with the ensuing sections , letters , discover and portend no lesse then a strong conspiracy among some anabaptisticall sectaries to oppose the power , ordinances and proceedings of parliament , to extirpate all other governments but their own , and to set it up by the sword , or popular commotions in despight of your authority . and is it not then high time for your honours , with all other well-affected persons to look about you ? to vindicate your own power , honour , justice , against these most seditious , audatious , contemptuous libellers against your soveraign authority , your most religious ordinances , proceedings in the desired waies of reformation ; and to make some of them exemplary monuments of your impartiall severity , to deter others from the like unparalleld insolencies , not read nor heard of in any preceding age , nor practised by any generation of men , but these new furious sectaries : who to engage all sorts of people in their quarrell , proclaim a free toleration and liberty of conscience , to all sects , all religions whatsoever , be it judais●e , paganisme , turcisme , arianisme , popery ; ( as all their pamphlets manifest ) and to interest the female sex , and draw them to their party , they ( contrary to the n apostles precept ) allow them not only decisive votes , but liberty of preaching prophesying , speaking in their congregations ; yea , power to meet in their * nocturnall conventicles , without their husbands , parents , ministers privitie , the better to propagate christs kingdome , and multiply the godly party : which , what confusion and ataxy it will soon ▪ produce in church and state , if not prevented by your honours extraordinary speedy diligence , wisdome , power , i humbly submit to your deepest judgements . i am certain your honours have read the a histories of the tragicall wars and commotions of the anabaptists in germany ; whose opinions where-ever they predominate , are fatall to the government , magistracy , ministery of all states , churches , and bring in popular tyranny , and licentiousnesse , the worst of evils . o then let not your honours patience or indulgence to such anabaptisticall libellers involve both you , us , our realm , in like german popular sedicions , devastations , and bloody massacres , which they threaten : but if these new seditious lights and fire-brands , will needs set up new churches , heresies , church-governments , and vent their new errors or opinions against your power and authority , let them doe it onely in new-england , or other new-fovndlands , since old england needes them not , unlesse it be to set her all on fire . as for those furious champions and emissaries of theirs who have most presumptuously opposed your religious ordinances , by word , deed , and presuming on the strength of their freinds within your wals , ( the opinion wherof , with your former lenity towards them hath much increased their spreading leprosy ] intend now at last to try this issue with your honours ; whether your just ordinances , or their willfull contempts against them shall take place ; it is presumed you will so proceed gainst them , and the authors , printers , publishers of the execrable libells h●re presented to your veiw , that they and all the world shal know , you a●e a soveraigne court of parliament ; whose priviledges , honour , you have all joyntly covenanted to mantain with your lives , power , fortunes ; and to proceed against all such secret underminers or open impugners of them , as capital delinquents : and these mutineers experimentally know , that no one member of your honorable assembly , will so far dishonour himself , or violate his publike trust & covenant , as to countenance such audacious willfull offenders in the least degree ; nor yet for fear or favour of any faction , any person how great soever , decline one hairs-bredth from that straite path of truth and publike justice , [ the greatest security and support of parliaments , kingdoms ] especially in these leading-cases , wherein you are most concerned , and as much obleiged to maintain your own priviledges , power , reputations , ordinances , against seditious sectaries , as against rebellious c●valeers : or else dissolve , give over your intended almost-accomplished reformation ; and so render your selves , with your proceedings contemptible to all the world : which god forbid . if any should object ; that the punishment of these grosse libellers & ring-leaders of sedition would discontent and disengage the independents , with all other sectaries of their opinion , who are a considerable party now ; which might prove dangerous to the state in this juncture of our publike affaires . i answer : . that i doubt not all moderate and juditious persons of that party wil willingly disclaime , if not excomunicate , banish them their congregations , and yeeld them up to publike justice , as persons worthy the severest censures ; else all the world will cry shame upon them . secondly , admit your executing justice on them should discontent their party ; yet thankes be to god ( for all their vapouring ] they are not so potent , so considerable as to over-aw a parliament from doing justice on such of their party , who libel against , or affront their power & proceedings ; in which case , our whole three kingdomes are solemnly engaged by publike covenant to assist you to the utmost , with their very lives and fortunes . thirdly , the greatnes of the kings power , party , hath not retarded you from executing justice upon strafford , canterbury , tompkins , & sundry other delinquents : shall then the lesse considerable faction of anahaptists and other sectaries hinder you from proceeding against a few seditious libellers and delinquents of their party ? fourthly , either you must permit them to go on to libel and affront your authority , orders , proceedings still , without exemplary punishments , to your great dishonour , infamy : or else proceed against them now , whiles your ordinances , and their contempts against them are fresh , their party small : else they will plead prescription , and you will be lesse engaged , lesse able to punish them hereafter , in case they should grow stronger and more numerous . principiis obstandum ; is ever the best policy . fiftly , let their party be as considerable , as potent as is falsely surmised by themselves , yet i humbly conceive , it stands neither with the majesty , honour , power , nor wisdome of a parliament , to be afraid of doing justice ( especially in maintenance of their own ordinances , priviledges whoever they discontent : in such a case , fiat justitia , ruet caelum ; is the safest resolution . majestrates and inferiour judges ( much more then supreamest courts of judicature ) must not * fear the faces nor frowns of any mortalls in discharging their duties , but execute justice and judgement , what ever comes of it , and trust god with the event . sixtly , the not doing exemplary justice in such leading cases of publike concernment , will render your parliamentary authority , ordinances , proceedings more contemptible to your own party , then ever they were unto the kings : yea , animate the country club-men and every inconsiderable sectary , not only to jeat , contemn , disobey your ordinances and commands , but at last to prescribe laws unto you , [ as * iack cade and his confederates did to the parliament in the . of hen. . ] which will by consequence bring parliaments into contempt , and so speedy desolation upon all our dominions , after so many successefull proceedings . up therefore and be doing justice upon some few chiefe offenders of this kinde for the present , to prevent execution upon many others , if not ruin on us all , for the future , and god himselfe will no doubt be with you ; * you neede not fear what flesh can do unto you , or sectaries speake or write against you : whose ensuing scurrilous libellous seditious passages will so publikely discover their uncharitable , unchristian , libellous , slandering , tumultuous dispositions , and hypocriticall , false , froward , licentious tempers , to all the world , as will render them odious to all sober minded , peaceable , consciencious , modest christians , if not to themselves , and all ingenious persons of their own sects ; and so , through gods blessing , reduce many of them to the bosome of our church , from which they have formerly revolted . it is not my intention by any the premisses to soure or exasperate your honours in the least degree against any peaceable , consciencious , orthodox , or truly religious christians , seduced by the independent party ; or to stir up any kind of persecution against such ; whose consciences will ( i doubt not ) in due time be fully satisfied , perswaded to submit to that presbyteriall church-goverment and discipline , which you have now resolved to establish in our churches ▪ there being nought there in repugnant to gods word , or which any well-informed conscience , can have cause to scruple at . towards such as these , it is most just and reasonable , all christian charity , meeknesse , long-suffering , brotherly love , and fitting liberty should be indulged for the present , till god shall further open their eyes and turn their hearts unto us . for whose better sati●faction in the irregularities of their new concealed independent way , i have here-unto subjoyned some letters and other papers lately sent me from the summer islands ; whereby they may discover , the faction ; arrogance , pride and cruelty of the independent ministers there , and that the liberty of conscience they plead for , & pretend they grant to presbyterians , others ; and the peaceablenesse of their way , is but a meere fiction , contradicted by their practise ; and likewise discern , how they lead their followers by a meere implicite faith ; impose upon them a popish blind obedience ; exercise a meere papall authority and unlymited dangerous arbytrary power over them and others ; pretending an vtopian government after the mind of christ , which is no where written in his word ; nor in any classicall authors , ancient or modern , but founded only in their own fancies , not yet fully discover'd , nor set down in writing , nor agreed on among themselves , nor published to others for their better satisfaction . the serious consideration whereof may happily reclaime our independents here from the error of their seperating destructive ways , and ease the oppressed planters of those islands from that independent yoake of bondage under which they so much groane , as to cry out to you for releife of their sore oppressions in their letters : which i shall beseech your honors in their behalfe ( since they have made their addresses to your tribunall by my mediation ) seriously to lay to heart , and seasonably to redresse . thus humbly craving pardon from your honorable assembly for my true-hearted zeale to do you faithfull service , by this unburthening of my conscience , and presenting you with this fresh discovery of those new wandring-starres and firebrands who revile , oppugne your ecclesiasticall jurisdiction , proceedings , ordinances ; disturb the much-desired peace of church , state , ( which we should all earnestly endeavour in these distracted times ; ) i humbly recommend all your faithfull undertakings for the security , tranquility of both , to gods owne blessing with my devoutest orisons to the throne of grace , and ever remaine , your honours , the republikes , churches , most devoted servant , william prynne . a fresh discovery of prodigious new-wandring-blasing-stars and fire-brands , stiling themselves nevv-lights : firing our church and state into new combustions . the apostle paul , led by a propheticall spirit , hath left us such an exact character of the last times , and of the exorbitant tempers of many christian professor living in them , as never suited with any age so fitly as this wherein we live , nor with any generation of people , so well , as those new-lights and sectaries , sprung up among us , who ( being many of them anabaptists ) have all new-christned themselves of late , by the common name of independents : this character we finde recorded , tim. . . to . this know also , that in the last dayes perillous times shall come : ( and what times were ever more perillous then the present ? ) for men shall be lovers of themselves , coveteous , boasters , proud , blasphemers , disobedient to parents ( naturall , civill , ecclesiasticall ) unthankefull , unholy ; without naturall affection , trace-breakers , false accusers , incontinent , fierce , dispisers of those that are good ; traytors , heady , high-minded , lovers of pleasures ( of their own bellies , lusts , wayes , opinions , fancies ) more then lovers of god ; having a form of godlinesse , but denying the power thereof : from svchtvrne away . but some might demand of him , by what distinguishing marke may we know who these persons are ? the apostle therefore subjoynes such a symptome , as suits most exactly with our new separating lights & conventiclers , who forsake the publike assemblies , and creep into private houses , working principally ( as the * devill did at first ) upon the weakest sex : for of this sort are they which creep into hovses ( thus interpreted by the apostle : heb. . . not forsaking the assembling of our selves together , or the publike assemblies , as the manner of some is , and of our sectaries now ) and lead captive silly women , laden with sinnes , led away with diverse lusts : ever learning and never able to come to the knowledge of the trvth ( as those independent seekers are , who like * wandring stars , gad every day after new-lights , new-fashions of church government , wavering like empty clouds without wa●er , or waves of the sea , driven with the wind and tossed not knowing yet what government they would have , or where to fix ; believing and practising all things , with a reserve , to alter their opinions and practise every day upon discovery of further light , 〈◊〉 the independent apologists professe for themselves , and advise all others to do . now because such house-creepers and new-lights , have usually lofty conceits of their own opinions , judgements , wayes ; as if the truth of god were monopolized unto them , and therefore all the world should speedily submit to their foolish dictates , and erronious by-paths : the apostle immediately passeth this censure of their persons and proceedings . now as jannes and jambres withstood moses , so do these also resist the truth : men of corrupt mindes , reprobate ( or of no judgement ) concerning the faith : but they shall proceed no further , for their folly shall be manifest unto all men , as theirs also was . the very detection of their abominable , seditious , seducing practises , shall put a stop to their proceedings , and frustrate all their expectation . now if any man should doubt whether this prophesie of the apostle were really intended of separatists and sectaries ; the holy ghost hath resolved it in direct termes in the generall epistle of jude , v. , , . but beloved , remember that the words which were spoken before of the apostles of our lord iesus christ ( and among others of the apostle paul in the for ecited text ) how that they told them , there should be mockers in the last time , who should walk after their own ungodly lusts ( not after the spirit and word of god which they most pretend to : and would you know who these are ? ) these be they who separate themselves , sensuall , having not the spirit . to which the apostle peter addes these further descriptions of them . pet , . , , , , , . that they despise government , are presumptuous , felfe-willed , speak evill of dignities , bring railing accusations against them , speak evill of the things they understand not , beguile unstable soules having hearts exercised with covetous practises , being clouds carried with a tempest , wels without water , who when they speak great swelling words of vanity , allure through the lusts of the flesh , through much wantonnes ; ( of spirit as well as flesh ) those who are clean escaped from them who live in error : while they promise them liberty ( the liberty of conscience to professe what religion they list , to use what church government they please , without controll of parliament , synod , or magistrates ) they themselves are the servants of corruption ; and as iude , v. . prove raging waves of the sea , foaming out their own shame , wandring starres , to whom the blacknesse of darknesse is reserved for ever . all which descriptions , how properly they suit with our newindependent-lights and incendiaries , i shall clearly demonstrate out of severall clauses in their late seditious anti-parliamentary impressions , betraying the rottennesse of their hearts , the pride , sedition , and rebellion of their spirits , which i shall reduce to these ten sections . . seditious , scandalous , libellous , and uncharitable passages against the authority and jurisdiction of parliaments , synods , and temporall magistrates in generall , in ecclesiasticall affaires . . against sundry ordinances and proceedings of this present parliament in particular . . against the nationall covenant prescribed by parliament . . against the present assembly of divines , sitting and acting by order of parliament . . against the directory ratified by ordinance of parliament . . against our brethren of scotland , whom of late they much applanded . . against presbyterians and presbyterian government in generall . . against the church of england , her worship , ministers , and government in generall . . against such who have out of conscience written or preached against their seditious wayes , and libels . . seditious queres , passages , and practises , to excite mutinies and popular commotions against the parliament , and disobedience to its commands . section i. containing divers seditious , scandalous , libellous passages against the authority and jurisdiction of parliaments , synods , and temporall magistrates in generall , in ecclesiasticall affaires , in the late writings of several independent new-lights , and firebrands . i shall begin with a copy of a letter written by john lilburne , lieu , colonell , ( the ringleader of this regiment of new-firebrands ) to william prynne esq ; upon the comming out of his last book , intituled , truth triumphing over falsehood , antiquity over●novelty : of which letter there have bin three impressions made by him , without license ; contrary to the ordinance of both houses , restraining the printing or dispersing of unlicensed , libellous , & seditious pamphlets : whre he p. . writes thus . sir , in your last book that you put out , you spend a great deale of paines in citing old rusty authors , to prove that kings , councels , synods , and states , have for so many hundred yeares medled with matters of religion . i grant you they have ; but i demand of you , by what right , or by what authority out of the word of god they have so done ? hath god the father , or jesus christ his sonne given them any allowance in this ? or have they not hereby rather fulfilled the prophesies of the scripture , which saith , rev. . . that the kings of the earth shall give their power unto the beast till the word of god be fulfilled , which they have done in assisting the popes to joyne the ecclesiasticall and civill state together , making the golden lawes of christ to depend upon the leaden lawes of man ; yea upon such lawes , as was just suitable to their tyrannicall lusts , and which might the most advance their wicked ends and designes : and in the doing of this , they have set up a perfect antichrist against god's christ , yea , england is not free from this . and to hold , that kings , parliaments , synods , states , have any thing to do in matters of religion and church-government , he concludes pag. . to be a setting of the potentates of the earth together by the eares with christ ( who is to rule all nations , rev. . . ) to pluck his crown from his head , his scepter out of his hand , and his person out of his throne and state , that his father hath given him to raign gloriously in . which is thus backed by henry robinson the ( supposed ) author of the answer to mr. william prynnes . questions concerning church-government , pag. . particular churches , members of a kingdome and nation , are not obliged in point of conscience and christianity , to submit unto whatsoever publike church government , rites , and discipline , a nationall councell , synod , and parliament shall conceive most consonant to gods word , unlesse it prove so in the whole kingdomes , nations , and those very particular churches judgement , pag. . the grounds of independent government , attribute nothing to the magistrate in church affaires further then the magistrate is a member of their churches and assemblies , pag. . you can no more justifie a nationall church of christians shall likewise go up to the temple of jerusalem from whence by the same prophesie , they are also to receive the word of god , and not from parliament , pope , synod or presbytery . mr. henry burton in his vindication of churches commonly called independent , &c. p. , , , &c : the church is a spirituall kingdome , whose only king is christ , and not man : it is a spirituall re-publick , whose only law-giver is christ and not man. no man nor power on earth , hath a kingly power over this kingdome . no earthly lawgiver may give lawes for the government of this republick . no man can or ought to undertake the government of this communion of saints . no humane power or law may intermeddle to prescribe rules for the government or form of this spirituall house . not councels , not senates . this is christs royall prerogative , which is uncommunicable to any , to all the powers on earth , &c. he adds , p. , . we challenge you to shew us , any parliament , councell , synod , ever since the apostles , that could or can say thus , it seemed good to the holy ghost and us , to determine controversies of religion , to make and impose canons to binde all men , &c. shew this to us at this time , and we will obey . but if you cannot , as you never can ; never let any man presse upon us that scripture , that synod , which hath no parallell in the whole world , and so is no precedent or patterne , for any councell , synod , parliaments . a short answer to adam stewarts second part of his over-grown duply to the two brethren ; with certaine difficults questions easily answered : printed ( without license ) . supposed to be written by mr. iohn goodwin , p. , . but perhaps you 'l say , there is an act of parliament , a civill law declaring heresie , or any different from the state opinions , such as for the present are in fashion to be censurable by the civill power ; i answer , not without all due respect unto the lawes , and such as made them , that if there be any distinction between a church-state and a civill-state , which all christians hitherto acknowledge , the enacting civill lawes to punish spirituall offences , is not only a solecisme or impropriety in state , but an incroaching on the churches power , a profaning of the keyes , and injurious to the offender , who by this meanes is punished both beyond the degree and nature of his offence . if the blessed spirit should at any time bear witnesse unto your spirit , or unto the spirit of a whole parliament and synod , what were this to the spirits of other men ? must not they wait with patience untill the blessed spirit be pleased to visit their spirits likewise , before they can joyne with yours or the assemblies spirit ? but if the synods determination of this or that controversie should seem good unto the holy ghost , as the churches decrees of jerusalem did , must they therefore be imposed upon the countrey , the whole world ? is not this to equallize your synodall canons with those decrees of the apostolicall church of jerusalem , and to make scripture of yours , as well as theirs ? is not this to adde to scripture ? nay , to alter it , p. . but if king and parliament may not force a new religion or sect , suppose presbyterian , upon the kingdome , much lesse can the synod , which neither has not yet pretends as is alleaged , to use the materiall sword ? and if for matters of religion all power originally is in christ , as you sometimes acknowledge , how can king , parliament , or synod , wrest it from him ? nay what think you ? is it not secondarily in the people , as well as civill power , which you affirme in the same page ? and so doubtlesse is spirituall power , unlesse you will make god to have provided mankinde better of a safegard , or liberty to defend their bodies , than their soules : if then the spirituall power be so inherently in the people next under christ , as that they cannot so well renounce and part from it in many respects , by what they may of civill ; how can it be thought by any one , that the king , parliament , synod , though never so much importun'd by a thousand such asses , should goe about to settle a new presbyterian scotch government , with an intention to force a conformity of the whole kingdome , three quarters whereof cannot as yet be thought to submit unto it willingly or for conscience sake , pag. , , , , . qu. . is it not an ungodly thing to suffer men to be of any religion ? ans . no , for both our saviour his apostles , and the primitive christians did the same : neither is it in the power of flesh and blood to hinder it . qu. . is it not the most unseemely sight to see the people of one citty run seambling from their parishes to twenty conventicles where so many severall doctrines are taught ? an. no , but farre more monstrous and abominable in the eyes of god , for people of twenty severall opinions for feare or favour to assemble and joyn together hyprocritically in one way of worship or church discipline . q. . ought we not then at least to keepe our different opinions and religion unto our selves in obedience to the civill magistrate that commands it ? an. no , because it is better to obey god then man. qu. . if jesuited papists and other subtile hereticks be suffered , will they not likely seduce many unto their erronious by-pathe ? ans . though a tolleration of erronious opinions may gaine some to sathan , yet truth being therewith to be published and improved will in all probabillity , not onely gaine so many more to god ; but any one thus wonne to god , unto his truth , is worth thousands of those that fall from it . qu. . but may not the multiplying of heresies stifle or expell the truth like as the abounding of tares and weedes often choake the wheate and for this cause not to be permitted ? an. though it seeme to be many of the first , yet our saviour in the parable of tares . math. . teaches us a quite contrary doctrine , and forbids ( heresies ) the tares to be pulled up before [ the day of judgment ] the harvest . v. . . least the wheate , the children of the kingdome true professors , v. . . be therewith rooted up . qu. . is it not a pious act to compell a company of carelesse idle people to heare a good sermon , to do a good worke whether they will or no ; ans . no more pious an act , then for papists to use the like compulsion towards iewes and protestants , inforcing them to heare their sermons , masse , or vespers . q. . may not the civill goverment interpose to punish such church members with whom the spirituall by reason of their refractorinesse cannot prevaile ? answ . nothing lesse , since the civill state or government has no more power , nor vertue to make a papist turne protestant in england , then it can prevaile to make a protestant become a papist in spaine . qu. . but can there be any hurt in forceing refractory people to be present at religious orthodox assemblies , where if they will , they may be informed of the truth . an. yes , first because there can come no good thereof through want of willingnesse , which god onely reguards in him which is thus compelled ; and secondly , because this ( forceing ) is a doing evill that good may come thereof , which is prohibited , rom. . . the falshood of m. w. prynnes truth triumphing , &c. printed in london . without license ( written by h. robinson , who hath set up a private unlicensed printing presse ) determines thus : p. . . . but did , the only wise god think we resolve to create man after his own image , to estate him in such a sad and execrable condition , worse then that of beasts , wolves , bears & tigres , as that he must necessarily tyrannize or be tyrannized over both in soul and body and yet it cannot possibly be otherwise ; if you will grant a power to kings , parliaments or synods , to require conformity from others in any thing which is not agreeable to their consciences ; for if such a latitude and height of iurisdiction be granted but to the more orthodox kings parliaments and synods ; both papists , lutherans , calvinists and independants pretending and really takeing themselves to be the most orthodox , are bound in conscience to lay clayme to , and put in execution this power of compelling all the world unto their uniformity , and so infallibly produce the most cursed enmity and hatred betwixt all the people but differing in opinion exceeding that of cannibals , or the profoundest of antipathics betweene any rationall creatures whatsoever . you say the oposites to parliaments ecclesiasticall jurisdictions have formerly and more especially in this present parliament addressed severall petitions to this high and honorable court for reformation of the church , &c. wherein under favour , i conceive you have mis-apprehended their proceedings & intentions , which doubtlesse was for the most part , or best affected , that the parliament , in whom they acknowledge the soveraigne power to reside , would permit , cou●tenance and encourage all godly men of gifts in preaching down heresies , errors , idolatry , popery , &c. many whereof had either beene formerly established by law , or not permitted to be preached downe , through the prelates corruption contrary to the law. this is the best , even all the reformation , which the civill magistrate , as civill , has a capassity of compassing against all heresies and errors , which must necessarily be vanquished by the sword of the spirit and cannot possibly be suppressed by carnall weapons or the civill sword ; they may destroy the flesh , but cannot properly be said to touch and worke upon the spirit . t is no small dis-service which you do both parliament and assembly , in thus exposing their proceedings , to be questioned by no little , and that the * most conscionable and best affected party of the kingdome , such spirits of contention as this of yours , were those which made the first great breach among the parliaments friends , master john goodwins theomathia , pag. , , . the generality and promiscuous multitude of the world , who have a right of nominating persons to a parliamentary trust and power , are but a secular root , out of which the independent brethren conceive , an impossibility that a spirituall extraction should be made : a man may as well bring a clean thing out of an unclean , ( in jobs expression ) as make a spirituall extraction out of this secular root , who have no authority nor power from christ to nominate or appoint who shall be the men , that shall order the affaires of christs kingdome , or institute the government of his church ; therefore there is an impossiblity that a legitimate ecclesiasticall power , should according to the minde of christ , or any precept or president of scripture be by them conferred upon any man , or that the persons so elected should have a power by vertue of such nomination or election , to enact laws or statutes in matters of religion ; & to order under mulcts and penalties , how we shall worship and serve god. section ii. comprizing their seditious , scandalous , libellous and daring passages against sundry ordinances and proceedings of this present parliament in particular not to be paralel'd in any age , nor tolerable in this . their intolerable libellous seditious passages of this nature are so many and various that i must branch them into severall heads . i shall . begin with their invectives against the severall ordinances of both houses of parliament , for the regulating of printing , and suppressing the great late abuses , and frequent disorders , in printing many false , scandalous , seditious , libellous and unlicensed pamphlets , to the great defamation of religion and government . john libourne in his unlicensed , printed libell , intituled , a copy of a letter to master prynne , thus declares against these ordinances pag. , . but being that b you and the black-coats in the synod , have not dealt fairly with your antagonists , in stopping the presse against us , while things are in debate , yea , robbing us of our liberty ( as we are subjects ) in time of freedome , when the parliament is sitting , who are sufficiently able to punish that man * whatsoever he be ) that shall abuse his penne ; so that whilst we are with the hazard of our dearest lives , fighting for the subjects liberty , we are brought into egyptian bondage in this and other particulars , by the black-coats , who i am afraid will prove more cruell task masters then their deare fathers the bishops ; who cowardly sit at home , in my apprehension , for no other end but to breed faction and division amongst the c wel-affected to to the parliament , promoting thereby their owne interest , which is lazinesse , pride , covetousnesse and domination , endeavouring to lay lower then the dust , a generation of men whom they falsly call sectaries , that have in the uprightnesse of their hearts , without synodianlike ends , ventured all they have in the world for the good of the parliament , and the common-wealth of england , and who may bid defiance to all their adversaries , that brand them with unfaithfulnesse ; so that by meanes of which , i have not been able that way , yet to accomplish my earnest desire ; and truly it argues no manhood nor valour in you not the black-coats , by force to throw us downe and tye our hands , and then to fall upon us , to beat and buffet us ; for if you had not been men that had been afraid of your cause , you would have been willing to have fought and contended with us upon even ground and equall termes namely , that the d presse might be as open for us as for you , and as it was at the beginning of this parliament ; which i conceive , the parliament did of purpose , that so the free borne english subjects might enjoy their e liberty and priviledge , which the bishops had learned of the spanish inquisition to rob them of , by locking it up under the key of an imprimatur , in whose tyrannicall steps the synod treads ; so that you and they think you may rayle at us cum privilegio , and ranke us amongst the worst and basest of men , as f rooters up of parliaments , and disturbers of states and common-wealths . the scurrilous , blaspemous , unlicensed libell , stiled , the arraignment of persecution ; thus contemptuously affronts & jeers this ordinance , with the parliament , synod and directory , in the very title page ; this is licensed and printed according to holy order , but not entred into the stationers monopoly : and in the opposite page : die saturni , april . . . it is decreed and ordained by the reverend assembly of divines , now assembled in holy convocation , that doctor burgesse and master edwands doe returne thanks unto the worthy author of this treatise , intituled , the arraignment of persecution , for his g pious endeavours and vigilant care he hath therein , at the entreaty of this synod . and it is further ordained , that they doe desire him , to print and publish the said treatise forthwith , and that it be recommended to the people , as h a divine hand-maid to the right understanding of the directory . and it is yet further decreed and ordained , that none shall presume to print or re-print the said treatise , but whom he shall authorize under his owne hand writing , till this most holy synod shall further order . scribes . henry roborough . adoniran byfield i appoint my divine cozin martin claw-clergy , printer to the assembly of divines , and none else to print this treatise . young martin mar-priest . what more audacious , jeering affront could be afforded to the commons or assembly , then this feigned libellous order ? in the book it selfe , page . persecution had a thousand trucks , above all the rest , for to block up all passages . stop all mouths , and fortifie himselfe round ; he turned reverend imprima●ur : and here the pursuer was at a stand ; for all was as fast as the devil and the presbyters could make it : they sought to authority to i o●en the presse , and still the presbyters ( as the custome is ) were in the way , that nothing could be done . p. . this fellow persecution stoppeth presses , whereby men cannot make their just defence , suffers nothing to be licensed , printed , preached , or otherwise published , but what himselfe alloweth ; and having thus bound the hands , and stopt the mouths of all good men , then he comes forth in print against them , like an armed man , and furiously assaults them , exaults and exalts himselfe over them , faineth arguments for them , and then like a valiant champion , gives them a conquering answer , and thus puts them to flight , and pursues them with revi●ings , scandals , forgeries , and opprobrious nick-names , as anababaptists , br●wnists , independents , scismatiques , heretiques : thus he dealeth with the godly party ; ( how godly you are , well appeareth to all the world by these your libellous , seditious , ungodly pamphlets . ) the libellous book in pursuance of this stiled , a sacred decretall &c. proceeds in the same language , page . lest they should fall upon our reare , under pretence of suppressing the kings papers , we bounded the presse with our k presbyterian compasse ; that they could not without hazard of plundering , transgresse our reverend imprimatur . then issued out witlesse scholastick tractates , against the anabaptists , &c. having thus neatly stopt their mouths , we sophisticated their arguments , &c. and then with our politick answers , we present them to the people with an imprimatur . james cranford or the like . we imploy doctor featly's devil ( a very reverend ten pound sir john ) to make a discription of the anabapti●●s , &c. and this foule spirit for the love he beares to the black-coats at the doctors decease , transmigrated into old ephram pag●t ( seldome lyes the devil dead in a dry ditch ) so that the good old man to confute the l mortality of the soule , hath made himselfe sure of an immortall spirit . many such scurrilous passages against the ordinances for regulating printing , ( made by both houses , speciall care and direction before the assembly met ) are scattered in their libellous pamphlets , which i pretermit , wherein they write , ●s if there were neither heaven nor hell . onely i shall adde , that some of these persons have acted as contemptuously against these ordinances , as they have written and printed . for master henry robinson ( the supposed author of the arraignment of persecution . a sacr●d decretal , m●●tyns eccho , and other most scurrilous , seditious libels ) hath maintained a private printing-presse , and sent for printers from amsterdam , wherewith he hath printed most of the late scandalous , libellous books against the parliament ; and though he hath been formerly sent for before the committee of examinations for this offence , which was passed by in silence ; yet he hath since presumed and proceeded herein in a farre higher straine then ever : besides john l●lburne being questioned before that committee by speciall order of the commons house for printing his libellous letter ▪ contrary to th●se ordinances ▪ hath pending his very examinations ▪ contemptuously printed and dispersed abroad his false and scandalous reasons delivered in to that committee , for printing his former libellous letter , with some marginall ●nno●ations and a scandalous , libellous petition , remonstrance ( as formerly articles ) against colonell king ; ( to omit other printed unlicensed papers ) an insolent contempt not to be parallel'd , at least not to be tolerated . secondly , i shall proceed to their libellous , scurrilous and seditious invectives against the ordinance for payment of tythes ; which iohn l●lburne in his forementioned libellous letter thus affronts charging the parliament with no lesse then perjury and breach of their covenant , for making it . page . . if you put the parliament in mind of their covenant , tell them . i think they have sworne to root out all popery , and therefore have lately abolished the common-prayer ( that great idol ) but yet have established tythes , &c. the very n root and support of popery ; which i humbly conceive is a contradiction of their covenant ; and which will be ● greater snare then the common-prayer to many of the precious consciences of gods people , whose duty is , in my judgement , to dye in prison , before they act or stoop unto so dishonourable a thing as this is to their lord and master , as to maintaine the black-coats with tythes , whom they look upon as the professed enemies of their anointed christ ; he that payes o tythes , is subject to the whole law of tythes , in which there was a lambe to be brought for a sinne offering , which is abolished ; also , he that was to take tythes , was one that was to offer sacrifice daily for sinne , which if any doe so now , it is to deny christ come in the flesh , and to be the alone sacrifice for sinne by his death , and so overthrow all our comfort , joy and hope . a most insolent , scurrilous and seditious passage to stirre up the people to rebell against this ordinance . this libell is thus seconded in the seditious pamphlet , instiled the arraignment of persecution , in the epistle dedicatory . to the reverend , learned prolocutor , assessors , the commissioners of the church of scotland , and the rest of the venerable assembly of divines now sitting in holy convocation at westminster . reverend sirs , according to my duty , at your divine entreaty i have reduced those pious instructions received from you unto such a pleasing forme as , i hope , shall not only affect , but abundantly edifie the people of this kingdome under your holy jurisdiction , for considering your spirituall care over them , and how your time hath been token up wholy in the procurement of that sacred ordinance for tythes , wisely thought o● before the directory , for he is an infidell and denieth the faith , that doth not provide for his family , &c. and pag. . lib. consc . my lord , the defendant smels of a fat benefice ; see , see his pockets are full of presbiterian steeples , the spires stick under his girdle , ha , ha , ha : instead of weather-cocks , every spire hath got a black-box upon it , and in it the pure and imaculate ordinance for tythes , oblations , &c. sure shortly instead of moses and aaron , and the two tables , we shall have sir simon and sir john , holding the late solemne league and covenant , and that demure , spotlesse , pretty , lovely , sacred , divine , and holy ordinance for tythes ( the two tables of our new presbyterian gospell ) painted upon all the churches in england : o brave sir simon , the bels in your pocket chime all-in , ours chime all-out ; i pray give you a funerall homily for your friends here , before you depart ; here 's twenty shillings for your paines ; you know 't is sacriledge to bring downe the price , as it was in the beginning , is now , and ever shall be ▪ world without end , amen . sop. . my lord , but our dissembly doctors teach otherwise ; yet i think if your lordship should settle anabaptistry or the like , even that which they now persecute and threaten , preach and pray against , and forwarne the people of as hereticall and damnable , provided you should endow it with goodly fat benefices , and sanctifie it with the halowed ordinance for tythes , offerings , oblations &c. questionlesse the generality of those persecutors of anabaptists , would have the wit to turne anabaptists , for their religion is moved upon the wheele of the state : our temporizing doctors , our state protestant ministers are not so simple to swim against the streame , they are wiser in their generation , for they know most wealth goes that way ; as long as our ordinance is laden with tythes , offerings oblations , they 'le be sure to give fire ; but should the state deprive their religion of all ecclesiasticall revenue , of parsonages , tythes , &c. yea , should it be this very presbytery they so aime at , that they should so impoverish , certainly we should have more parishes then presbyters , more steeples then doctors ; then they would not be so hot for presbytery , or zealous to persecute its opposers ; i would your lordship would make tryall ; call in but your ordinance for tythes , and turne them to the good will of people , and then — a tythe-pig will be sold for a pennie . page . there is this scurrilous quere put among others . . whether the late divine ordinance for tythes , offerings , oblations and conventions , be not better gospel , and in all presbyterian wisdome to be preferred and provided before the directory for the worship of god ? o cives , cives , quaerenda pecunia primum virtus post nummos . many more clauses of like nature are in this prophane libell , which i pretermit . but that which is the most audacious , contemptuous , seditious , publike affront of all others against the ordinance , is the prophane , scurrilous libell , intituled . a sacred decretall nor hue and cry from his superlative holinesse , sir simon synod , for the apprehension of reverend young martin mar-priest : in the front whereof there is the picture of a bull , tossing sir simon synod on his hornes , and trampling the ordinance for tythes under his feet , with this inscription upon it , ord . for tythes . and page . this explanation of it ; nothing appeareth but a bull tossing sir john upon his hornes , and stamping the blessed ordinance for tythes under his cloven feet ; o profane martin ! o wicked martin ! o sacrilegious martin ! o blasphemous martin ! what ? tosse a presbyter , and prophane the holy ordinance for tythes ? martin's not a benefic'd man , that 's infallible divinity ; wherefore being thus jeer'd and bul'd , we decree and ordaine &c. page . . . the subtill tell-tale must be taken , else all 's mart'd ; both parliament and people will understand our deceit , and then sir john may goe whistle for his tythes , if the people once understand their owne right : and that the exaction of tythes is meere theft and robbery : they 'le have the wit ( if they be wise ) to keep their owne ; cease hiring us to cheat and delude them to their faces , and we shall be laid levell with the mechanick illiterate laicks ; a wickednesse not to be mentioned in the church of god. page . . else how should we have got in our tythes , though now , god be thanked and the parliament , we have an ordinance for it : in case martin runne , push or gore at the ordinance for tythes with the right horne , at the directory with the left horne , let all the trained bands in the kingdome he speedily raised to confute him , that we may sophistically conclude our presbyterian premises , with take him goaler . martyns eccho proceeds in the like dialect , page . . . ( ô divine pillage , gracefull children ! ) if he had considered your pious providence to make sure the ordinance for tythes , before you could be inspired with the directory , he would first have had his . l. per annum with the deane of pauls house , confirmed by the ordinance of parliament upon him during his naturall life , like as our brother burges hath ( a super-episcopall induction , &c. ) if sir john synod shall renounce the ordinance of tythes , be content with the good will of the vulgar , &c. then martyn will cease libelling against him : in the mean time you are to provide that order may be taken , that the supervisers make diligent search and enquiry after all conventicles and private meetings , &c. for they are very dangerous and destructive to your proceedings ; for truly their practice and obedience to christ will make your law and gospel , your o●d . for tythes , and your directory the two great commandements , the fulfilling of the law , and the prophets , your fathers , of none effect . many such passages i find against the ordinance for tythes ; the very designe of these libellous and seditious sectaries being to incite the people to with-hold all tythes and maintainance from their ministers , and so to subvert the ministery , that none but their illiterate tub-preachers may instruct mens souls ; and this ( i feare ) brings many ministers into question as scandalous and malignant , who might else sit quiet would they desert their tythes , and renounce their ministery to please these sectaries . thirdly , i shall recite some of their contumelious libellous invectives against the ordinances of both houses of the of april : that no person or persons be permitted to 〈…〉 minister . the seditious , libell●●● pamphlet intituled ▪ a sacred synodicall decretal ; or 〈…〉 from 〈◊〉 simon synod , for the apprehending of martyn ma-priest : ( the quintessence of scurrility , blasphemy and sedition ) writes thus , pag. . yea hee 'l not stick to tell the people , that the inhans●●ng and ingrossing of interpretations , preachings and discipline into our owne hands , is a meere monopoly of the spirit , worse then the monopoly of soape , &c. and that the new ordinance of the . of april , that no person or persons be permitted to preach that is not ordained a minister , &c. is but a patent of the spirit , to get the whole trade into their owne hands , and so rob the people with what ware , and of what price we please , thereby onely to advance and enrich themselves , impoverish and delude them , look in their faces and pick their pockets : if preaching should not be reduc'd and confined in the ancient bounds of the clergy , the mechanicks would out-strip the scholasticks in teaching and * knowledge would so encrease and multip●y among the common-people , and preaching grow so common with them , that we should grow out of esteem , and all things that are good and dainty depart from us ; therefore it was wisely prevented in time . pag. . martyn will tell the people , that we ( sir simon synod ) forged the new ordinance ( that none may preach that is not ordained minister , on purpose to make the sectaries fly before us ( to use the doctors phrase ) like lightning before the thunder . their preaching in the army is very destructive to our cloth ; therefore the ordinance was wisely commended to his excellency sir thomas fairfax to be executed there , which occasioned a pretty story betwixt an english-man and one of jemmy's owne countrymen : quoth the scotch-man , man , is it fit that colonell cromwels souldiers should preach in their quarters , to take away the ministeriall function out of the ministers hands ? why man ( quoth the english man ) doe they so ? quoth the scotch-man , i say man it is a common thing amongst them ; truly saith the english man , i remember they made a gallant sermon at marston-moore neer york ( where they were instruments to save this kingdome ) but your country-men were in such a fright , they durst not stay to heare them : martin prayes ( notwithstanding the ordinance ) they may make many such sermons , for that was one of the best sermons that hath been preached in the kingdome since our troubles began . pag. . indeed sir johns gummes being lately rub'd with a parliament corall ( the late ordinance that none may treach that is not ordained a minister ) is mad to put his boarish tuskes , his huge great iron fangs in execution ; to devour , rend , teare and crush these hereticks . and therefore we wisely consulted among our selves of a committee of examinations to be chosen out of us . it must not be esteemed a court of inquisition ▪ that 's popery : nor a renovation of the high-commission that 's antichristian ; onely an inlet to a thorow reformation , that 's a godly name and may doe much good ▪ &c. how contemptuously they have opposed this very ordinance in their practise , sending our their emissaries , captaines and souldiers every where to preach in corners , and giving tickets of the time and place of their conventicles ( some of them boasting of working miracles , and casting devils out of men possessed by their exercis●es at the jesuits and papists doe ) is so experimentally knowne to all and proved before the committee of examinations , in the case of captaine ( newly ) hobson , a taylor , and his confederate lay-preachers , who lately exercised their new ministerial function neer neuport painel , railing against our church , ministery and childrens baptisme , that it needs rather reformation by , then information to the higher powers . i shall close this section with some generall passages , affronting and jeering all ordinances of parliament in direct termes . the new most seditious libell , called martyns eccho , published the last week , stiles ordinances of parliament toyes : page . you must be carefull that your directory and all other yout ecclesiastical acts , be with great sanctity and reverence ador'd amongst the people , or else your esteem will goe downe ; and this cannot be done without some severe lawes , ordinances and the like to that end , which you must put the parliament upon ; you know your power and influence upon them , they 'le gratifie you with svch toyes , &c. the late seditious pamphlet , stiled a sacred decretal , is yet more vile ; pag. . . o ye classicall clerks and sextous of the three kingdomes , demolish and pull downe all the martyns nests from your church-wals and steeples , and have a spirituall care ( as you will answer the contempt of the new ordinance ) that hereafter no birds build , chatter , doe their businesse , or sing there , but church-owles , jack-dawes , otherwise called sir johns , blind bats , presbyterian woodcocks , and the like : o ye two houses of parliament , make another ordinance to make all the martins flye the three kingdomes the next midsommer with cuckowes and swallowes , that we may have a blew-cap reformation among bats , owles , jack-dawes and woodcocks ( and then blew-cap for us . ) i could furnish you with more such independent stuffe , but i am loth to defile more paper with this infernal language of rai●ing rabshakeh's ; and shall here appeale to every ingenuous mans conscience , whether he can with any shadow of reason or charity beleeve , that this froward , libellous generation of independent sectaries , who thus publikely libell , inveigh and oppose themselves against the jurisdiction , ordinances and proceedings of parliament , are the most p holy , religious , conscientious , best affected party ; the most precious saints and generation of gods dearest ones ; the parliaments best and faithfullest friends who have to their utmost power , and divers of them beyond their ability , supported & ventured their lives in the parliaments cause and service ; doing them more reall and faithfull service then any other generation of men in england , and the onely vindicators of the parliaments priviledges and subjects liberties against presbiterian and synodical usurpations ; ( as they boast in every one of these their libels against the parliament and its proceedings ; ) or whether they are nor in truth those q despisers of government , those evill speakers against dignities , those resisters of the higher powers , prophecied of the last times ; who have forgotten saint paul's canon , rom. . . let every soule be subject to the higher powers , &c. and tit. . put them in mind to be subject to principalities and powers , to obey magistrates , &c. yea , the most desperate unparallel'd , publike contemners , affronters , deriders of the parliaments power , ordinances , proceedings that ever breathed in our english climate : who under the pretext name and colour of the wel-affected , faithfull , godly party , and stoutest champions for the parliament , endeavour by degrees to advance themselves ( by policy and the sword ) above it , and trample its authority ( as they doe the ordinance for tythes , and others ) in the very front of their sacred decretal , under their cloven feet . doubtlesse they can never fight cordially for the parliament and its proceedings ( but onely for their owne designes and interests ) who that seditiously , contemptuously speak , write , print against them ; and if their insolencies against the parliament , synod , magistrates , be already growne so intolerable , whiles their faction is yet but in the birth , how transcendently arogant and contumelious will they prove when they have accroached greater power , both in our armies and councels ? god give our supreame councell hearts , wisdome , zeale and fervency seriously to suppresse and punish these epidemicall growing insolencies in due time , for feare they become masterlesse , remedilesse in the end ; else these anabaptistical sectaries , these germane opinions and practises will ( i feare ) sodainly involve us in the germane , anabaptisticall distractions , insolencies , warres and disolations , recorded by sleidan and others , for englands admonition . section iii. containing scandalous , seditious , scurrilous passages against the nationall vow and covenant , prescribed by parliament . this national vow and covenant was deemed at first the onely probable means under god to unite our three kingdomes and the protestant party of all sorts together in a mutuall , brotherly , inviolable league against the common enemies of our religion , parliament , lawes and liberties : it was therefore universally prescribed to the members of both houses , the assembly of divines , lawyers of all sorts , the officers and souldiers in the army , and to the ministers and people of all conditions under the parliaments power in all our three dominions , being refused , oppugned at first apparently by none but papists , royalists or malignants : and the houses were so impartiall in the prescription of it , that such members of the lords or commons house , who did but scruple the taking of it , were suspended the houses till they did conforme . but now of late , a generation of independent sectaries , conceiving this covenant to thwart their licentious , schismaticall whimseys , not onely generally refuse to take it , and plead a speciall priviledge and exemption from it ( as if they were more priviledged persons then any peeres , commons or subjects whatsoever , and must be left at large to doe what they lift , when all others are obliged , ( and which is strange to me and others , some independent ministers , ) if not members of parliament who have taken it themselves , and enjoyned it to others , have yet adventured to plead for an exemption of this meer refractory party from it , which much encourageth them in their obstinate refusall of it , and hath so animated this seditious , lawlesse generation , that they have lately in print , not onely oppugned , but derided , libelled against this sacred covenant ( which we have all most solemnly in gods presence sworne , and under our hands subscribed to maintaine to the utmost of our power , euen with the hazard of our lives and fortunes ) which , i beseech you , let us all now most chearfully , really observe , by proceeding against the contemners infringers of it , or else for ever as readily , as solemnly renounce it , to our eternall infamy , as we at first chearfully subscribed to it . i shall begin with john lilbournes letter : pag. . . it may be in stead of satisfying my desire , you will run and complaine to the parliament , and presse them with their covenant , to take vengeance upon me . if you doe , i weigh is not ; for i blesse god i am fitted to doe or suffer whatsoever the parliament shall impose upon me ; but if you doe , take these two along with you : if you put them in mind of their covenant , tell them , i think they have sworne to root out all popery , but yet have established tythes , the very root and support of popery , which i humbly conceive is a contradiction to their covenant &c. a bold censure and scandall . the arraignment of persecution , thus traduceth and jeers the reverend assembly of divines and covenannt together : page . . persecution , is thy name perfect reformation ? perse . yes my lord : judge . who gave you this name ? i , reason , his god-fathers & god-mothers in his baptisme , wherin he was made a member of the assembly , and an inheritor of the kingdome of antichrist . judge , who are your god-fathers and god-mothers ? pers . my lord , master ecclesiasticall supremacy , and master scotch-government are my god-fathers ; mistris state-ambition , and mistris church-revenue are my god-mothers , and i was sprinkled into the assembly of divines at the taking of the late solemne leagve and covenant . judg. 't is strange that at the making of the late solemne league and covenant , blood-thirsty persecution should be anabaptized present reformation : then here 's a designe of blood in the covenant , if under the name of reformation the clergy have infused the trayterous , blood-thirsty spirit of persecution into it . j. human. my lord , there was never any nationall or provinciall synod but strengthned the hand of persecution , and that under the vizor of religion , j. reason , as soon as these underling divines are from under their episcopall taskmasters , and beginning to encroach upon your lordships power , they presently take this notorious , bloody traytor persecution , stript by your lordship of his high-commission habit , and out of their zeale dresse him in a divine synodicall garbe , and change name from persecution , and christen him reformation , so to engage your lordship and the kingdome of england and scotland in blood , to settle and establish bloody persecution by covenant , over the consciences of honest and faithfull men to the state , under the specious and godly pretence of reformation : page . by the late solemne leagve and covenant , good lord deliver us . the sacred decretal runnes in the same straine : page . . when we had introduc'd the brethren of the holy league , we so joyned their hands in the synodian hands of presbytery ▪ that their league could not be inviolate , their covenant ( the bed of their contract ) undefiled if our presbitry were not concluded . martyn will tell the people , that we contrive oaths and covenants meerly to ensnare and catch the people in our wiles ; make them carry a face of reformation according to the word of god , and thereby betray their innocent subscription to our presbyterian construction . john lilbourne in the unlicensed printed reasons of sending this letter ; pag . complaines against the parliament ; that the covenant was as earnestly prest upon tender consciences , though their faithfulnesse were no what doubtfull , as upon newtrals and malignants , and refusing , because of some expressions , put from offices of trust , and publike imployments . yet most of our sectaries and independents ( in immitation of the cavaleers ) have entred into ants covenants against this solemne covenant , in their private congregations , to defend● and maintaine their owne independent government even to blood &c. whatever forme of government the parliament shall establish ; the very extremity and height of seisme and sedition , if not of professed rebellion against supreame authority ; which makes them thus to villifie , traduce and contemptuously refuse the taking of this solemn covenant , and plead exemption from it , for feare of dis-ingaging so faithfull considerable a party as they have in the army ; who in time ( perchance ) will prescribe their new church-covenants unto us , or else exclude us from our native soyle , as now they doe from their independent congregations and the sacraments , unlesse we will submit unto them . section iv. containing sundry scurrilous , seditious , libellous , railing and blasphemous invectives against the assembly of divines , the presbyterian members of it , and their proceedings , though summoned , nominated , continued and directed in all things by ordinances of both houses of parliament . before this assembly met by order of both houses , or had given intimation what kind of ecclesiasticall government they intended to fix upon , our independent sectaries not only petitioned for such an assembly to be called , but made meanes that as many of their party as possible might be elected members of it . but when at last they discerned the assembly and parliament to dis-affect their anomolous , absurd independent way , as having no foundation in divinity nor policy , and tending to utter confusion in church , state ; and thereupon to incline to a presbiteriall government , embraced by all reformed churches in the christian world ; upon this they presently begin to declaime against the assembly and their proceedings in private , and soon after to libell against them in-publike , with such unchristian , uncivill , approbrious , billingsgate termes , as ( i am confident ) no oxford aulicus or satyricall cavaleere is able to paralell , their very tongues and pens , being doubtlesse r set on fire of hell : and not contented herewith , they lately conspired together to exhibit a petition to the parliament , for present dissolving the assembly and sending them hence to country cures ( to prevent the setling of any church-government , ) to which end , they met at the windmil taverne , where lievteu . col. john lilbourne ( a fit instrument for such a seditious designe ) sate in the chaire , and master hugh peter suggested the advice , which was accordingly inserted into the petition ; but the counsell-men ( smelling out the designe ) when the petition came to their hands , most discreetly left out that request , as seditious and unjust ; which yet the libellous author of martyns echho . page . hath since in wish renewed in these scandalous termes . you have as neere as you can made a third party , in labouring by your jesuiticall machiavilian subtilty , to divide the parliament , contrary to the trust reposed in them from the godly party , who have assisted them with their estates and blood , and to deny those their faithfull friends of their just deservings , their purchased freedomes , which should they doe , they would be branded as infamous to posterity , even unfaithfull , ungratefull , &c. at meliora spero , i hope better of them if your wicked machiavilian assembly were but taken from them and sent to their particular charges . in what sort they have libelled against them , hath partly appeared in other sections , but i shall give you a more particular account thereof in this . i shall begin with that most infamous , seditious , railing libell , intituled , the arraignment of persecution , the whole scope whereof against the assembly , is thus boldly expressed in the very title page , the arraignment of master persecution , presented to the consideration of the house of commons , and to all the common people of england : in the prosecution whereof , the iesuiticall designes and secret encroachments of his defendants , sir simon synod , and the john of all sir johns , sir john presbiter , upon the liberty of the subject , is detected and laid open , by reverend young martyn marpriest , sonne to old martyn the metropolitan ; printed by martyn claw-clergy , printer to the reverend assembly of divines , for bartholinew bang-priest , and are to be sold at his shop in toleration-street , at the signe of the subjects liberty , right opposite to persecution-court , . the seigned license and epistle dedicatory to the assembly before it are altogether libellous , as is the whole book , against the assembly and its members : i shall give you only a taste of some phrases and epithites in it , viz. such a holy such a reverend assembly , such a quagmire of croaking , skip-jack presbiters , a reverend synodian , disguised with a sophisticall paire of breeches , saving your presence in bocardo , sir simon synod : new upstart frisking presbiters , synodian cormorants , the synodian whore of babylon ; the traiterous synod , called the assembly of divines , presbiterian horse-leeches , blood thirsty cattle ; this great gore-bellied idoll called the assembly of divines , arch-jesuiticall traytors ; the jesuiticall and traiterous designes of the synod ; our dissembly doctors , a consistory of devils , and the like . these be the charitable , modest , independent epithites which this libeller bestowes upon them . see next his libellous and blasphemous speeches against and censure of them , and the good end his charity wisheth to them . page ● . the synod is guided by the holy ghost sent in a cloke-bagge from scotland , as of old from rome in the councell of trent : because the assembly have sadled the parliament , it is unlawfull for the presbiters to goe on foot : page . the traiterous synod called the assembly of divines , labours with might and main to establish and settle this traiterous spirit ( of persecution ) in the land . page . . it is most certaine that this fellow , whose name sir simon faineth to be reformation , is absolute persecution , so that had these reformers but as much power as queen marie's clergy , their reformation , would conclude in fire and faggot . judg. oh insufferable assembly ! i see , 't is dangerous for a state to pin their faith upon the sleeve of the clergy . j. reason . further my lord , whereas others are impoverished , spend their estates , engage and loose their lives in this quarrell they are enriched and advanced by it , save their purses and persons , cram and fill their greedy guts , too filthy to be carried to a beare , heap up wealth to themselves , and give not a penny , while others ( against whom they exclaime ) venture and expend all ; yea my lord , this great gorebelly idol , called the assembly of divines , is not ashamed in this time of state-necessity , to gull up and devour more at one meale , then would make a feast for bel and the dragon : for besides all their fat benefices , forsooth they must have their foure shillings apeece by the day for sitting in constollidation , and poore men , when they had filled all benefices with good trencher-men of their owne presbiterian tribe , they move your lorpship , that all ministers may be s wholy freed from all taxations , that now the trade of presbiter is the best trade in england ; all are taxed , and it goes free ; poore men that have no bread to still the cry of their children , must either pay and goe in person to the warres , while these devouring church lubbers live at ease , feed on dainties , neither pay nor goe themselves , but preach out our very hearts ; they make it a case of conscience to give all , but wise men they 'le give none : let the sick , the lame and maimed souldiers , and those that have lost their limbs and begge in streets ; let women that have lost their husbands , let parents that have lost their children , let children that have lost their parents , and let all that have or suffer oppression and misery in and for the publike cause consider this , and be no longer ridden and jaded by clergy masters ; but to give the devill his due , one thing to their commendations i have observed , that they are so zealously affected with the honour of their cloth , that 't were pitty to disrobe them of their cassock garbe , to be led in a string from westminster to algate in leatherne jackets , and mattockes on their shoulders : and my lord , though some thinke they would doe the state more good in leatherne jackets and mattockes , then in long cloakes and cassockes , yet my think they would doe the state better service with their canonical girdles , were the knot tyed in the right place . page . . primacy , metropolitanisme , prelacy , &c. are shrunk into the presbytery , and our high-commission turned into an assembly of divines . my lord , they have sate even till they have runne mad , you might doe well to adjourne , them to bedlam ; for my lord , they are raging mad to have the innocent blood of the anabaptists , brownists , independents &c. my lord , they have over-studied themselves & even wracked their wits to find out a religion for us ; poore men they have beene mightily puzled about it , it hath cost them the consumption of many : fat pig , chicken , capon , &c. the infusion of many a cup of sacke to bring it to birth , and after such dolorous pangs and bitter troubles for almost these two yeers , who would have thought they would be delivered of such a ridiculous vermine , called a presbyter ; parturiunt montes , nascitur ridiculus mus : and now my lord , after this montanous delivery , they are at their wits end , what dressing to put it out in ; all the taylors in the kingdome are not able to content them , what to doe they know not , and now the matter 's worse then ever it was ; they had thought to have shewne the world it in the godly shape of reformation , but upon examination , 't is found to be persecution ; a sad event ! there is no way now but bedlam for our doctors , it may chance to chastise them into their wits againe , and then upon their second thoughts , it may be , they 're bethink themselves to put a blew bonnet upon'● , and then it will passe from england to scotland , and scotland to england againe without question or controle . page . good my lord have mercy upon me ; i beseech your honour even for the clergy sake have mercy upon me ; consider my lord , that in my death is their ruine , it will be the greatest inroad upon the divines of christendome , that ever was made : oh! i beseech you my lord. by the mystery of their holy convocation , by their agony and bloody sweat , by their crosse and passion , at my shamefull approaching death and burial , good lord deliver me . by their glorious resurrection and assention from the pulpit above the state ; by the comming of the holy ghost to them in a cloak-bag from scotland , good lord deliver me . by the late solemne league and covenant ; by the . and . l. for the copy of their directory , because they could get no more , by all the fat benefices and goodly revenues of the clergy , good lord deliver me . page . . it is the sentence of this court concerning sir simon and sir iohn presbyter , who have thus jesuitically endeavoured to pervert the justce of this court , that sir simon be committed close prisoner to king henry the eights chappell , there to be kept in parliamentary safe custody , till the great assiges , held in the first yeere of the raigne of our soveraigne lord christ ( when the kingdom and the greatnesse of the kingdoms under the whole heaven shall be given to the saints of the most high ) there and then to be arraigned with the rest of his holy tribe ▪ whether universal , national , provincial or consistorial counsels or synods , whatsoever before his highnesse the king of kings and lord of lords ; and my lord in the meane time to keep his holinesse in action , i beseech your honour that he may synodicate , a full resolution to these ensuing queries , . whether it doth not as much conduce to the subjects liberty still to be subjected to episcopal usurpation , as to be given over to presbyterian cruelty ? whether saint peters chaire doth not become a presbyter , as well as a bishop ? &c. as for sir john presbit●r , this court hath voted him to the uncleane , filthy , impious ▪ unholy dark and worldly dungeon , called jure humano , &c. as for persecution , the sentence of this court is , that thou shalt return to the place from whence thou camest to wit the noysome and filthy cage of every uncleane and hateful bird , the clergy of christendome there to be fast bound with inquisition , synodical , classical , pres●byter , al chains , untill the appearing of that great and terrible j●dge of the whole earth ; who shall take thee alive , with sir simon and his sonne sir john and cast thee with them and their confederates into the lake of fire and brimstone , where the beast and the false prophet are , there to be tormented day and right 〈◊〉 ever and ever . here is the independents incomparible charity to the assembly , presbyters and their adherents , to adjudge them thus to eternall torments in the fiery lak● ; i fear their new-lights originally sprung upthence , without more charity , sobriety , will undoubtedly be extinguished in this fiery region which they allot to others : the rest of the invectives against the assembly and presbytery in this persecuting arraignment . i shall passe by in silence and proceed to some fresher scurrilites of this kind . i find another most scurrlous libell against the assembly and their proceedings thus intituled ; a sacred decretall , or hue and cry from his superlative holinesse sir simon synod , for the apprehension of reverend young martin ma●-priest ; wherein are displayed many witty synodian conceits , both pleasant and commodious ; printed by martin claw-clergy , printer to the reverend assembly of divines , for bartholmew bang-priest , and are to be sold at his shop in toleration-street , at the signe of the subjects liberty , right opposite to persecution● court , and it concludes thus , given at our court of inquisition in king henry the sevenths chappel june . . william twisse , prolocutor . cornelius burges assessor . iohn white , assessor . adoniran byfield hen. roborough s●ibes . this libell brings in the assembly , blasphemously abusing the sacred scripture names of god ( as el , eloim , jah , theos , adonas , &c. ) in synodicall convocation , classicall and presbiteriall exorcismes : & pag. . gives the assembly and presbiters these most scurrilous , railing epithites ; classicall bore-p●gges , divine , white-faced bull-calves ; presbyterian turkey-cocks , bidding them advance their learned coxcombs , &c. church-owles , jack-dawes , blind bats , presbyterian wood-cockes , presbyterian hangmen cruell executioners , terrible tormenters , synodian canibals , the ravenous tythe-panched numerous headed hydra of divines : the holy ravenous order of syon-jesuits , absolute jesuites , onely a little worse : it begins thus , page . we the parliament of divines now assembly in holy convocation at westminster , taking into our grave , learned and pious consideration , all the goodly fat benefices of the kingdome , the reverend estimation , honour and supremacy due unto the clergy , and out of a godly care and pious providence as becommeth divines ▪ for our owne guts , having used all subtilty and policy we in our divine wisdomes could devise , to take a goodly possession of the dearly beloved glorious inheritance of our fathers the late lord bishops , their divine supremacy , their sweet , their wholsome and nourishing revenues , their deare , delicate , toothsome tythes , most supernaturall and pleasant to a divine pallate : after which it cals them the p●issant assembly of divines ( lords paramount over church and state ) in parliament assembled at westminster , divine merchants , &c. avers p. . that the order . jesuits may become disciples to the order of presby●ers for equivocations , mentall reservations , dispensations of oathes , covenants , &c. chargeth the assembly , p. . for dealing craft●ly with the parliament and cheating the state. adding this most scandalous , seditions passage , extreamly derogatory to the parliaments honour . as the way of a serpent upon a rock is unknowable , so have our circumventions , underminigs and subtill contrivances beene ever invisible , insensible to them , and so silently , secretly and gradually , have intic'd them with the bait of religion ; and caught them with a synodian hooke ; we held out the league and covenant , the cause of god , and the like , to the kingdome , and at length plucks up a fish called a parliament out of their proper magisteriall element , into our synodian spirituallity ; and thus neatly wrested the scepter out of their bands , that they neither know nor perceive it ; that in truth the assembly is dissembled into the parliament , and the two houses made but a stalking horse to the designes of the clergy : they say it is decreed and ordained by the lords and commons , &c. but in plaine english , it is the assembly of divines ; 't is true , 't is the lords and commons in the history , but the assembly of divines in the mystery , as martin wisely hinted in his license before the booke of the arraignment ; for we are become the whole directive and coercive power both in church and state , a supremacy due unto us , as well as to the pope ; and though we give them ( as men doe bables to children ) the title of making and judging of lawes , to please them , yet with such distinctions and limitations ( to speak this under the rose ) that we intend for our selves , that which we give unto them , even as our brethren of the society of iesu doe concerning his holinesse the pope , in the infallibility and temporall power : this honour and priviledge was of divine right given , and anciently enjoyed by our reverend fathers the bishops ; and why should not we be heires unto it by our legitimate lineall descent ? all lawes , statutes and ordinances , both concerning church and state , were decreed , ordained and enacted by the lords spiritual and temporal , &c. and why not now by the assembly of divines and parliament now assembled at westminster ? this is not yet in the history , for indeed our matter is not yet ripe for such a discovery , &c. as all other wicked men , so these seditions libellers grow worse and worse ; their next most seditious libell against the assembly and parliaments proceedings being intituled , martins eccho , or a remonstrance from his holinesse reverend young martin mar-priest , responsory to the late sacred synodical decretal ; in all humility presented to the reverend pious and grave consideration of the right reverend father in god , the universall bishop of our soules his superlative holinesse sir simon synod . it begins thus . whereas his holinesse reverend young martin mar-priest ; taking into his grave and learned consideration the insufferable arrogance of our ambitions , aspiring presbytery their super-prelaticall supremacy , their ravenous blood-thirsty malice against the poor saints of the most high god , their inordinate , insatiable covetousnesse after the fat things of the land , their unparallel'd hypocrisie , their plausible pretences ▪ their incomprehensible policy , craft and subtilty ; their cunning insensible encroachments upon the priviledges of parliament , the just liberties of and freedome of the people ; their inchanting delusions wherewith they bewitch both parliament and multitude , the cruell thraldome , inhumane slavery , insufferable bondage they would reforme us and our children unto from generation to generation ; their powerfull endeavours to make the parliament betray their trust , break their oathes , pull downe old courts of tyranny and oppression , to set up new ; free us from episcopall persecution , to devour us with presbyterian cruelty ; convey our naturall rights and freedome to the pontifical usurpation of the clergy , that neither we nor our children after us ( notwithstanding the expence of our estates ruine of our families , effusion of our blood to redeem them ) may live in the land without the hazard of imprisonment , losse of goods , banishment , hanging &c. except we be presbiterian : these and many other things of high concernment , reverend young martin taking into his serious and deliberate consideration ▪ and seeing this eminent , irrecoverable ruine ready to devour both parliament and people hang over their heads , threatning certaine destruction to us and our posterity , if not timely and sodainly prevented : hereupon his holinesse reverend young martin , out of sincerity to god , and naturall love unto his distressed country , most willingly became servant to your superlative holinesse , to ease your burthen in this your toylsome time of classical exaltation of a little state ambition and spiritual supremacy & as much as in him lyeth , to vindicate the priviledge of parliament , our birth-rights and native freedome from your divine spirituality , that you may have the more time to stuffe your guts extend your panches eram your bellies , farcinate your ventricles t s●ort out directories , blurt out ordinances , grin at christ , swell at his sectaries , and for his meritorious pious endeavours martin expected a reward , as very justly he might ; but to cloake your covetousnesse and ingratitude , you pick quarrels against him for some small failings in his treatise ; i hope you will deale better with master prynne for his midnight dreames his distracted subitane apprehensions , i can tell you he expects it : but martin might have considered your ingratitude to the lord bishops , from whom formerly you received the holy ghost with all your spirituall preferments , and were first put into a capacity of lording it , as you now doe over the people ; whom , like ungracious children , viperous vermine , inhumane canibals , notwithstanding their grace and favour ; you have devoured up , and share their inheritance amongst you . ( o divine pilage ! gratefull children ! ) &c. page . . yet that his holinesse ( like yours ) might appeare immaculate and infallible to the whole world ; martin proclaimeth and demonstrates to all persons ecclesiasticall , by what name or title soever dignified or distinguished , whether arch-bishop calamie 's , or other inferiour single-sold presbyters ; that his holinesse , reverend young martin mar-priest , freely offerereth plenary pardon and remission to that traiterous , blood-thirsty man-eater sir simon synod , for his foule ingratitude , his malicious , mischievous , murtherous debates , consultations and conclusions , to shed the blood of his holinesse reverend young martin mar-priest , and deliver him as a prey to the monstrous huge iron faings and venomous boarish tuskes of his sonne jocke , and his bloody crue ( breake their teeth o god in their mouth ; break out the teeth of the young lyons o lord ; ) if the said savage , barbarous caniball sir simon synod , the next day of humiliation after the publishing hereof , shall very penetentially ( as if he were to preach a fast sermon ) come in unto reverend martin , and humbly submit himselfe to his holinesse , at his sanctuary in toleration-street , right opposite to state-opression and synodian tyranny ; and there humbly before reverend young martin confesse his evill , acknowledge his errors , a●d be heartily sorry for the same ; live sociably and quietly amongst his neighbours , never molest or injure any man for conscience , suffer his teeth and nayles to be pluckt out and pared by an honest independent barber , that hereafter he may never bite nor scratch ; and then peaceably returne to his parochial charge , render up all the goodly fat benefices in the kingdome to supply the necessities of the state , pay their arreares in the army gratifie their sicke , same and maimed souldiers with a reward more honourable ( according to their deserts ) then a tiket to begge ; supply the calamity , poverty and misery of poore widowes and orphans , whose deare husbands and fathers have been slaine in the service of the state , and not ( out of synodian state-policy ) to save their charity , subject the innocent babes to be led by the spirit into indian deserts and wildernesses , and under pretence of authority , rob the tender mothers of the fruit of their wombs ( a wickednesse insufferable in a common-wealth ) and to send the free-borne out of their native protection to forraigne destruction , least the cry of the fatherlesse and widowes should call for reliefe out of their fat benefices pontificiall revenues , &c. o the covetousnesse of the priests and the mercy of god ( as the germane saith ) endure for ever : if he shall hereto assent , renounce the ordinance of tythes , be content with the good will of the vulger , lay downe his state-ambition and usurpation of the civill power , suffer the commons of the land ( both rich and poore ) which are free-borne people , to enjoy quietly their owne nationall freedome , &c. he will not deride you any more . but if sir simon shall reject this grace and favour freely offered to him and to all the sir iohns in the kingdome by his holinesse , reverend young martin mar-priest , out of his divine clemency thus graciously extended from his holinesse proclaimeth to the whole assembly of sir iohns and to the whole kingdome , that come bondage , come liberty , come life come death ; come what come will , by the grace of god , young martin is resolved to u●mask your vilany to posterity , and lay a foundation for a future ; it not for the present recovery of the priviledge of parliament , and liberties of the common people from your synodicall , classicall presbyterian predominancy ; and therefore sir simon be advised betime , accept of this grace and favour offered , harden not your hearts as in the dayes of the bishops , lest the fierce wrath of the lord , even sodaine destruction fall upon you as it did upon them ; for be assured , swift and fearfull destruction and ruine does attend you and the lord will avenge his quarrell at your hands and as it is done unto your fathers the bishops , so shall it be done unto you ; and if your rising ambition be not sodainly repel'd your rise●reign and fall will be terrible to the kingdom : you may delude the people a while , but the time hasteneth that the x people wil cal you to an account the lord grant it be not , as i fear y by the sword. he addes p. . . well sir simon , if you will not mend your manners , martin will observe all your postures , and tels you plainly , that hee 'l not only fall upon your bones himselfe , but hee l set his celestiall brother . christopher scal●●kie his catechisticall brother , rouland rattle-priest , his divine brethren martin claw-clergy . bartholmew bang-priest , all upon your back , and amongst us all , we shall in time turne up the foundation of your classicall supremacy , and pull down your synod your spheare about your ears ; behold a troop commeth sir simon , martin is of the tribe of gad , though a host of sir iohns overcome him , yet he shal over come at last , yea , heel 'e jeere you out of your black cloaks , and make you ashamed of king henry the seventh's chappell , and he glad to work with your hands , or to be content with the good will of the vulgar , and then it will too late to compound with reverend martin and his divine brethren , therefore consider with your selfe sir simon before the mighty acts of the house of martin be come forth against you ; we do not intend to dally with you , wee 'l handle you with mittins , thwack your cassocks , rattle your jackets , stamp upon the panch of your villany , and squeze out the filth and garbidge of your iniquity , till you stink in the nostrils of the common people ; yea , wee 'l beat you and your sonne jack , guts and all , into a mouse-hole . there 's no one of martins tribe , but is a man of mettall , and hates a tithe-devouring persecuting priest , as he hates the devill , scornes their bribes , and bids defiance to their malice . these are to advise you , sir simon turne ye to martin in tolleration-street , ye stiffe necked generation of priests , lest the fierce wrath and sore displeasure of mighty martin fall upon you , confound you and your whole , sir johns generation , root and branch ; hearken ye rebellious assembly unto martin , persecute no more , take no more tithes , be content with the good will of the vulgar . whether these most seditious menacing passages and railing libels against the assembly , presbytery , and all ecclesiasticall parliamentary proceedings , be not published in print by seditious seectaries to stirre up the people to mutinie against the parliament , assembly , ministery , to fire us into new civill warres and commotions among our selves , and that by the underhand plots of some jesuiticall spirits , and malignant royallists , i shall humbly submit to the saddest thoughts of our supreame councell , which is best able to judge of them , and most able to prevent the eminent dangers which they doe portend . i shall close this section with a new printed libell , intituled , the nativity of sir iohn presbyter ; dedicated , to the right worshipfull the : ass : of divines , assembled at westminster ; with a most rayling libellous epistle ; to which these verses in derision of it are subjoyned . reverend assembly up , arise , and jogge , for you have fairly fisht and caught a frog . now have you set two years , pray can you tell a man the way that christ went downe to hell ? in these two years what can a wise man think that ye have done , ought else but eat and drink ? presbyterie ( climb'd up to the top of fame ) directory and all from scotland came ; o monstrous idlenesse ! alack and welly , our learned rabbies minds nought but their belly . section v. containing libellous , scurrilous , prophane , and unchristian passages against the directory , established by ordinance of parliament . you have met with some of these invectives already in the preceding sections , which i shall not repeat ; but only adde two or three passages more of this nature , full of athesticall and blasphemous scurrillity . the araignment of persecution , p. . desires , that his holinesse sir simon synod my synodecate a full resolution to these ensuing queres . whether it would not have been more profitable for the kingdome of england to have forth with hired a coach and twelve horses , to have set a directory from scotland ; then to have spent the learned consultations , pious debates , and sacred conclusions of such an holy , such a reverend , such a heavenly , such a godly , such a learned , such a pious , such a grave , such a wise , such a solid , such a discreet , such a spirituall , such an evangelicall , such an infallible , such a venerable , such a super-celestioll queer of angels , such a suparlative assembly of divines ; for almost these two yeares space , after the profuse and vast expence of above forty thousand pounds , besides their goodly fat benefices , upon their devouring guts , for an english directory of worship , equivalent to the scotch directory ? whether this directory standing in so many thousands to sumble it together , and the copy sold at and l. be not of more value then the writings of the prophets and apostles ? the sacred synodicall decretall or hue and cry , useth the like dialect , p. . be it secula seculorum , as authentick as the directory , &c. we had better have set two years longer in our most holy consultations , and made our forty thousand four hundred pound directory , a directory of fourscore thousand eight hundred pound value . pag. . martin will tell the country , that we sanctifie our new directory gospell , but to the temper of the city : tell the city , that the country people know not what to do with it , except to stop their bottles , unlesse we spend the state the other odde trifle of pounds , to divide it into chapters and verses ( the lord put it into their hearts ; ) and that as the truth is , its sanctity is only grounded upon the divine ordinance for tithes , ( some wiser then some ) for no longer penny , no longer pater-noster , i will defile no more paper with such horrid blasphemies ; only adde , that martins ecco , p. . makes the parliaments endeavouring to establish the directory the cause of the losse of leicester , in these words : and now the parliament being busied to fortifie your directory , &c. in the mean time leicester is taken , thousands are put to the sword , &c. which is sufficiently answered , by sir thomas fairfax routing the kings whole army and re-taking leicester , even whiles the parliament was most busie in fortifying the directory . but i proceed to another section . section vi. containing their libellous , scandalous , seditious passages , against our brethren of scotland , to raise divisione between us and them , contrary to the act of pacification , and the late solemne league and covenant . many are their intolerable libellous invectives of this kinde . i shall transcribe but few . hen. robinson in his answer to m. py●nes questions , made the first assault upon our brethren , in this language . and what , think we made our brethren the scots so successelesse here in england , whilest the warres are now beginning to kindle in their own countrey , if it were not that they joyne with this nation , or rather provoke them to establish their so much idolized presbyteriall discipline of persecutions ? when they themselves thought they had just cause to be highly offended with the same ( their own ) persecuting spirit in episcopacy . when the lord required the israelites to appear before him at jerusalem thrice a yeare , he promised , that no man should invade their habitations in their absence , exod. . , . which gracious providence of his , no doubt continues still protecting all such as are imployed by his command : but unlesse our brethren of scotland bethink themselves in time , and consider , that even as the persecuting bishops of england attempting to impose their government in scotland gave occasion to begin the warres in england : so if the persecuting presbyters of scotland continue to advance and get set up the scotch government in england , it may likely bring all the three kingdomes to make the seat of warre in scotland : i would be loath to prophesie upon this occasion ; but do much fear , that in how bad condition soever both england and ireland are at the present , if the warres last , but little longer scotland will yet be farre worse . god of his infinite mercy open the eyes of all three kingdomes in this their heavie visitation , reconciling himselfe unto them all , and them to one another , for his dear sonne christ iesus sake . the araignment of persecution by way of jear and scorne , p. , , . , , . satyrically inveighes against and derides scoth government , ranking it with satan , antichrist , the spanish inquisition , councell of trent , high commission , &c. beings in liberty of conscience , thus complaining . my lord , sir simon synod is like to pull out my throat , with the ravinous clawes of an assembly ; and master scotch government was fit to stab me with his scoth dagger : iemmy put up thy dagger ; averres , the synod is guided by the holy ghost sent in a cloke-bag from scotland , as of old from rome to the councell of trent . oft mentions by way of scorn and jeere , the advancing of the mickle army into the south ; addes , you may easily perceive how they would pinch your lordships nose with a paire of scotch spectacles , that your lordship might see nothing but blew caps ; he hath plaistred up the wrinkles of his face with scotch morter , &c. the sacred synodicall decretall , p. . tels us , &c. of a blew-capreformation , and then blewcap for us , p. . of the ay-blessed divines of scotland , p. . of laying rods in pisse for crumwel ; let him take heed of a scotch — : another course must be taken with hereticks , else our brethren cannot further engage ; god speed them well home againe , and let all the people in the kingdome say , amen . p. . of their running away at maston-more . p. . of an angel in the mount , upon whom o●● reverend assembly of grave and learned divines do daily wait , which mount is dunce-hill ( which by translation out of the originall ) by the divines of scotland ( whose countrey-man this angel is ) is englished mount sion : with other such like stuffe . and martins eccho , p. . our scottish brethren advanced lately as far into the south , as from brampton-moore to westmerland , for your assistance , are all yours , by vertue of the holy league and covenant , which they may in no wise falsifie , untill they see it convenient for them to do , as in the most sacred exhortation to the taking of the said league and covenant you have taught them . many other such seditious passages , tending to sow division between both nations , ( contrary to the fourth clause of the nationall covenant ) these new-libels , have lately published , which i forbear to register . section vii . containing most scurrilus , libellous , scandelous , railing invectives against presbyterians , and presbyterian government in generall , which many of them not long since so much applauded , desired , before the bishops removall . we have met with much of this scurrilous stuffe in other sections ; to which some few additions only shall be made in this . mr. henry robinson his falsehood , &c. shall leade up the forelorne-hope : where thus he writes to the christian reader : free thy conscience from the thraldome and bondage of those egyptian taskmasters , who care not what trash and trumpery they vent , so they may gaine proselytes and contributions . which he thus prosecutes , p. . but what availeth it to have the head of one lordly episcopall prelate cut of , when a hidra , a multitude , above seventy seven times as many presbyteriall prelates succeed instead thereof ? prelatia , prelacy , prelacy , as we use it vulgarly , is a preferring one before another ; and the presbyteriall government is much more truly said to be prelaticall , then either episcopall or papall ; unlesse you will say that neither episcopall nor papall be prelaticall at all . for in either of those governments there are but few prelates ; but in the other there are , to wit , so many prelates as there are presbyters , each whereof is an absolute * prelate ; that is , one preferred above his brethren . the araignment of persecution , declaimes thus against presbyterian government , p. . both papall and episcopall government is better then presbyterian , for they are , and have been more uniforme , and have continued many hundred years longer then presbyterian , and were long before presbytery was thought on : for alas , it was but a shift at a pinch the devill made , when neither of the other would serve his turne , and so came up presbyterie ; but what good the devill will have of it i know not : for who knowes the luck of a lowsie cur , he may prove a good dog. the sacred synodicall decretall inveighes thus against presbyterian government , p. . martin will put the parliament and people in minde of their protestation , and tell them , that by the same rule they pull downe the bishops , they are bound to put downe the presbyters , &c. for in martins astrologicall judgement , all the plagues of egypt were but a flea-biting to what one presbyterian church will be ( vinci si possunt regales cestibus enses ) we having mortified episcopall hercules , and possest his club. p. . indeed the pope is as truly christian , and his function as equally jure divino , as our presbyterie , conveyed from his holiness● , by our fathers the late lord bishops upon us . the unlicensed nativity of presbytery , said to be licensed by rowland rattle-priest , a terrible imprimatur : writes p. . that the devill made the vrchin sir john presbyter : an abject , a fugitive , newly come out of scotland , a witch , a rogue , and in apparell delighting in black as his father the devill ; fitter to be a weather cock then a divine : only the evill spirit of mercury , presented him to be the devils goat-head . section viii . conteining sundry libellous , schismaticall , uncharitable , and unchristian passages against the church of england , her worship and ministers in generall . iohn lilburne in his answer to nine arguments , printed without license , london , . with his picture cut before it ; writes thus of the church of england , pag. . the church of england is a true whorish mother , and you are one of her base-begotten , and bastardly children , for you know a whore is a woman as truly as a true wife , and she may have children as proportionable , as the children of a true wife ; yet this doth not prove her children which are base-begotten are true-begotten children , because they have all the parts , and limbes of children , that are begotten in a true married estate and condition ; even so say i , the church of england neither is , nor never was , truly married , joyned , or united to jesus christ , in that espousall band , which his true churches are , and ought to be , but is one of antichrists nationall whorish churches , or cities spoken of rev. . . vnited , joyned , knit to the pope of lambeth ; as head and husband thereof ; being substitute to the pope of rome , from whom he hath received his arch-episcopall power , and authority . pag. . your church is false , and antichristian : therefore if every parish in england had power in themselves ( which in the least they have not ) to choose and make their own officers , yet for all this they would be false , for a false and antichristian church as yours is , can never make true officers and ministers of iesus christ , and though that the churches of the separation , want apostles in personall presence to lay hands upon their officers which lawfully they choose out from among themselves , yet have they their laws , rules , and directions in writing , which is their office , and is of as great authority as their personall presence . pag. . and thus have i sufficiently by the authority of the sacred word of god proved all your officers , and ministers false and antichristian , and none of christs , which if you can groundedly contradict , shew your best skill chalenge i you , and put you to prop , to hold up your tottering and sandy church and ministry , or else your great brags will prove no better then winde and fables , and you your self found to be a liar . pag. . and as for these two things , of conversion , and confirmation , or building up in the wayes of god , which you speak of , if you mean by conversion , and opening of the eyes , to turn them from darknesse to light , and from the power of satan unto god ; or if you mean by conversion , a deliverance from the power of darknesse , and a translation into the kingdom of the son of god , both of which the apostles ministry did accomplish in the hearts and lives of gods people , act. . . coll. . . i absolutely deny it , that your ministery in england doth this : and therefore i desire you to declare , what you mean by conversion , and prove your definition by the holy scripture , and also prove that you in england are so converted , which when you have done i shall further answer you by gods assistance , and as for their building them up in the wayes of god , as all true shepherds ought to build up their sheep , as acts . pet. . yet i deny it , that your ministers do it , for how can they build them up in that , which they themselves are ignorant of , and enemies unto ? for as jannes and jambres which withstood moses , so do these men also resist the truth , being men of corrupt mindes , and destitute of the truth , tim. . . and do feed you with husks and chaffe , being neither willing to imbrace it themselves , nor to let those that would , as their constant preaching and speaking against the truth of god , and the kingdom of his son doth witnesse , &c. i have taken the pains by the word of god , and demonstrable arguments grounded thereupon , to prove the church of england antichristian : i do promise you , i will by the strength of the lord of hosts , for ever seperate from church , ministery and worship in england , all and every one of them , as antichristian and false : yet thus much i say , and do acknowledge , and the scripture proves it , that god hath a people or an elect number in spirituall babylon ; yea in the kingdom of antichrist , part of which the church of england is , and none of them shall perish , but be eternally saved ; yet i say , it is the duty of all gods elect , and chosen ones , that are yet in the whorish bosome of the church of england , or in any part of antichrists regiment to separate away from it , and come out of it , least god plague them for their staying there . pag. . all the ministers of the church of england are not true ministers of christ , but false and antichristian ministers of antichrist . pag. . and as for your minor and assumption , which is , that you in the church of england do enjoy , and outwardly submit your selves to the true worship of god : it is most false , and a notorious lie and untruth , and as well might wicked faux , and the rest of the gunpowder-plotters say , that they submitted unto noble king james laws and scepter , when they went about to blow up the parliament house , that so they might destroy him and all his ; for you do not only oppose and justle ou● the true worship of god , and throw down and trample upon the scepter of jesus christ his son , but also you set up false and antichristian worship , the inventer of which is the devil , and the man of sin , his eldest and most obedient son. pag. , . now from that which i have said , i frame these arguments : . that worship which is of the devils and antichrists invention , institution and setting up , is no true divine worship . but the worship of the church of england is of the devils and antichrists invention , institution and setting up , as revel . . doth fully prove . ergo , the worship of the church of england is no true worship . . that worship , which is a main means and cause of pulling down the kingdom of iesus christ , and establishing , maintaining , and upholding the kingdom of the devil and antichrist , and sends more souls to hell , then all the wickednesse , impiety , ungodlinesse , in the kingdom doth besides , is no true worship of god , but ought to be detested and abhorred of all his people . but such is the worship of the church of england ; ergo , &c. pag. . i absolutely deny your argument , and affirme , that your religion neither is the true religion , nor that it leads men the true way to salvation . pag. , . i groundedly and absolutely deny , that either the church of england is , or ever was a true church , and till you have proved it true , all the pains that you have taken in proving that it is possible for corruptions & evil livers to be in a true church , is spent in vain , and to no purpose , and i am confident , that you nor none else will ever be able to prove the church of england true , nor any other nationall church : for christ jesus by his death did abolish the nationall church of the iews , with all their laws , rites and ceremonies thereof , and in the new testament did never institute no nationall church , nor left no laws , nor officers for the governing thereof , but the church that he instituted , are free and independent bodies , or congregations , depending upon none but only upon christ their head : therefore nationall churches under the gospel are of antichrists , that man of sins institution and ordaining , who only hath ordained laws and officers of his own for the governing of them ; therefore for you , or any other to say , and affirme , that this monstrous , ugly , botched and scabbed body , is christs true spouse , is dishonourable to his blessed being and mediatorship . his schismaticall seditious conclusion from all these premises is this , pag. . therefore let all gods people , that yet are in the bosome of the church of england , as they love their own inward peace , and spirituall joy , and look that their souls should prosper and flourish with grace and godlinesse look to it , and withdraw their spiritual obedience and subjection from all antichrists laws and worship , and joyne themselves as fellow citizens of the city of god , to worship and serve him in mount sion the beauty of holinesse , and there only to yield all spirituall obedience to christs spirituall laws and scepter . this language and opinion of his , concerning our english church , and ministry , is seconded by most independents in their late pamphlets ; of which you have had a bitter taste in the preceding sections , and their practice proves as much . for first , though they proclaime liberty of conscience to all sects and religions whatsoever ; yet they have so harsh an opinion of presbyterians , and all others , who submit not to their independent modell ; that they esteem them no better then heathens , infidels , unbelievers ; and proclaim them in their books to be * men who deny , disclaim , and preach against christs kingly government over his churches ; men unconverted , or at least converted but in part , vvanting the main thing , to wit , christs kingly office : men visible out of the covenant of grace , who have not so much as an outward profession of faith , who deny christ to be their king ; to whose persons and infants , the very sacraments and seals of grace , with all church communion , may , and ought to be denied , which is in effect to un-christian , un-church , un-minister all presbyterians , and to make them cast-awayes : if this be their charity to us already , what may we expect from them hereafter if their faction bear the sway ? secondly , when they gather any independent congregation , their practise is , for their ministers solemnly to renounce and abjure their former ordination in , and the people their pristine communion with the church of england , and all congregations else , whereof they have been members , and then to new-mould themselves into an independent church ; which practise they have lately begun in the plantations of the summer islands ; as a friend of mine from thence informed me by a letter dated , may . . in these insuing termes . the independent church was set up here the last year , wherein they have covenanted to stand unto the death : but their covenant is not fully exprest reserving power in themselves , especially in their pastor , to alter it when they will , and as they think good ; they have exprest nothing in writing , though often urged to it , but he that joyns with them , must do it by a kinde of implicite faith , to imbrace what their church doth or shall imbrace , not knowing what it is or will be : when they began it , their minister called a fast for all that would be present , where in the publique congregation , our ministers being then but three , did lay down and renounce their ordination and ministry received in the church of england , and so become ( as they said ) no ministers ; but did joy● themselves together in covenant by words only to become a church ; first making a kinde of confession of their sins , and signifying that others might also joyn themselves to them , if they were such as after such confession they should approve of , and there was one principall officer did then joyn himself with them ; they then continued weekly lecturers still , yet as they said , not as ministers , but only as private men to exercise their gifts : wherein they laboured to draw others to joyn with them , and every week received in some : but that confession of sins grew daily more and more out of date , the rather for that * some were threatned to be called in question at the assises for some things which they confessed there ; so that at this time all is in a manner implicite , and though little or nothing be expressed by the party to be received in , yet he is not put back : but when they had gotten about thirty to joyne with them , they again called a fast for all that would be present , where it seems having appointed one of our assistant governors for their prolocutor , he nominated master white to be their pastor , which the rest confirmed by erection of hands ; then it seems master white nominated our other two ministers , master copland and master golding for his ruling elders , yet they continue to preach constantly as before , but master white only doth administer the sacraments , and that only to such as have joyned themselves in their implicite covenant with them . their practise therefore and their writings demonstrate , what ungratefull sons , and unnaturall vipers they are to our mother church and ministers of england ; which hath little cause to harbour these rebellious apostate sons , who thus abominate , renounce both her and her ministers , as antichristian . surely , some of their own independent faction , had other thoughts of her and her ministry ( unlesse they dissembled before god and man , as they commonly do without blush or check ) but very few years since ; and among other the five independent apologists , and master hugh peter , ( solicit●r generall of the independent cause and party ; ) whose subscription before the bishop of london , concerning our church of england in the late prelaticall times , when far more unreformed then now , i shall here present you with ; the originall whereof i found in the archbishops study , under master peter his own hand , c●dorsed with the archbishops , thus . master hugh peters subscription before the bishop of london , august . . right reverend father in god , and my very good lord ; being required to make known to your lordship my judgement concerning some thing propounded at my last being before your lordship , from which propositions though i never dissented , nor know any cause why i should be suspected , yet being ready and willing to obey your lordship in all things , especially in so just a demand as this , i having consulted with antiquity , and with our modern hooker , and others , humbly desire your lordship to accept the satisfaction following . . for the church of england in generall ( i blesse god ) i am a member of it , and was baptized in it , and am not only assured it is a true church , but am perswaded it is the most glorious and flourishing church this day under the sun , which i desire to be truly thankfull for ; and for the faith , doctrine and articles of that church , and the maintenance of them , i hope the lord will inable me to contend ; tanquam ut pro aris & focis : yea , i trust to lay down my life , if i were called thereunto . . for the governour and government thereof ; viz. the reverend fathers , the archbishops and bishops , i acknowledge their offices , and jurisdictions , and cannot see , but there would a fearfull ataxy follow , without the present government , whereof i so approve , that i have , and do willingly submit to it , and them ; and have , and will presse the same upon others . for the ceremonies that are in use among us ( as i have already subscribed ) so i shall diligently and daily practise , neither have i ever been accused for neglect therein , where i have formerly exercised my ministry , but to them do give my full approbation and allowance . . for the book of common-prayer , the lyturgie of the church , and what is in them contained ( finding them agreeable unto the word of god ) i have used as other ministers have done , and am resolved so to do , and have not been refractory in this particular at any time , nor do i intend to be ( god willing ) and to these , i subscribe with my heart and hand ; humbly , submitting them , and my self to your lordships pleasure . your lordships in all humble service , hugh peter . london the . of august . . if master peter be now of another judgement , it manifests either his grosse ignorance , or temporizing then , or his levity now , and that he is as unsteady in his opinion , as in his excentrick motion from place to place : but this is in verity , the essentiall property of our lunacy new sights , who like the moon ( whose light predominates in them ) are alwayes changing ; yea , ever learning , and never able to come to the knowledge of the truth ; which they continually intricate with their independent doubts . section ix . containing libellious , scandalous , unchristian censures , and invectives against those persons , who out of conscience have written or preached against the independents seditious , schismaticall wayes and practises . i shall first begin with such invectives as concern my self : what large encomiums ( beyond my deserts ) i received from the independent party , before i writ against their new wayes & opinions , only in a moderate & modest manner by way of questions ; is very well known to themselves and others , being such and so many , that modesty forbids me to relate them ; lest i should be thought the herald of my own praises and deserts : how many libells , scandals , and false reports of all kindes they have causlesly published of me since , by speech and printed libells , only because i differ from them in opinion , and have in point of conscience ( being requested so to do ) declared my opinion of their new groundlesse wayes and tenets , is very well known unto many , who have leisure to peruse the severall empty pamphlets and invectives daily published a gainst me : i shall give you a taste of some few in lieu of many . it pleased iohn lilburne among others , for whom i have done some courtesies , but never the least injury , or discourtesie in word or deed , upon the coming out of my truth triumphing over falshood , &c. ( licensed by a committee of parliament for the presse ) before ever he had read the book , to write a libellous letter to me concerning it , which he sent to the presse and published in print without license , before i received and perused it : which though answered in print by others without my privity ; openly complained of in the commons house , ( who referred it to the committee of examinations as a most seditious libell against the parliament and assembly ; ) yet i deemed it more worthy contempt then any answer , as refuting not one syllable in my book : in this letter , he stiles me , an inciter of higher powers to wage war with the king of saints , and his redeemed ones : an endeavourer to set the princes of the earth together by the ears with christ , to pluck his crown from his head , his scepter out of his hand , and his person out of his throne of state , that his father hath given him to raign gloriously in : he most falsely chargeth me with this false position : that there is no rule left in the word , how we may worship god ; but that kings and states may set up what religion they please , or may mould it to the manners of their people : whereas there is not any such syllable in any of my books , but the contrary profe●sedly asserted and the controversies therein debated , concerne not the substance of gods worship or religion , but only the circumstance of church-government : which i asserted then , on such grounds as their party hath not yet refu●ed ▪ not to be precisely set down & determined in the new testament in all particulars , but yet conclude , that no church government ought to be set up , but that which is agreeable to the scriptures , though not dogmatically and precisely prescribed in them : ●o that if this libeller were not past all shame , he might have blush● to print and ●●print so notorious a falshood , without retractation . after this he thus proceeds : had i not seen your name to your books , i should rather have judged them a papists or a iesuits , then master prynnes ; and without doubt , the pope when he sees them , will canonize you for a saint , in throwing down his enemy christ . certainly no book of mine , either in the front or bulke , carries the least badge of a priest or jesuit in it ; and so far am i from demeriting any thing from the pope , or to be canonized by him for a saint ; that i can without vanity or ostentation affirme before all the world , that i have done more disservice to priests , iesuits , and the pope : made more discoveries of their plots , and written more against them and popery , then all the whole generation of sectaries and independents put together ; and i challenge all their sects to equalize , or come near , what i have really performed in this particular ; so that if any man this day breathing in england deserve an anathema maranathae , from the pope & his party , i have more cause to expect itthen any other : the whole kingdom therefore will proclaim him a notorious slanderer in this particular : he proceeds yet further , surely ( he writes , but his words are no oracles ) you have given away your ears , and have suffered as a busie-body in opposing the king and the prelats : without doubt all is not gold that glisters : for were you not a man that had more then truth to look after , namely your own ends and particular interests , which i am afraid you strive to set up more then the publike good , you should have importuned the parliament to have continued their favour and respect to that people , that cannot prostrate their consciences to mans devices . surely my conscience tells me , that i am free from this injurious calumny : for my ears , i blesse god i gave them not away , but lost them in a just quarrell , against all law and iustice , as both houses of parliament have unanimously adjudged : but whether you did not justly lose your ears for sedition then , and deserve not to lose he remainder of them ( that i say no more ) for your seditious and libellious carriage now , is a great question among your most intelligent friends : for my opposing king and prelates as a busie-body , perchance it might be your own case , it was never mine : what i have done against the unjust usurpations , and illegall excesses of either , i did it in a just and legall way , upon such grounds and authority , as was never yet controuled ; and this i dare make good without vainglory , that i have done more reall cordiall service with my pen against the usurpations of regality and prelacy , in defence of the subjects liberties , and parliaments jurisdiction , then all independent sectaries whatsoever , and that only out of a zeal to gods glory and the publick good , without the least private end or interest , which never yet entred into my thoughts , having suffered as much as any man of your sect ( if not more ) for the publick , without either seeking or receiving the least recompence , or reward ; having spent not only my time and studies , but some hundreds of pounds in the republicks service since my inlargement , without craving or receiving one farthing recompence in any kinde ; whereas if i had sought my self , or been any way covetous or ambitious , i might perchance have obtained as advantagious and honourable preferments , as any independents have aspired to , if not challenged as their right , for lesse meritorious publick services and sufferings then the least of mine . as for my importuning the parliament for continuance of their favours to that people you speak of ; surely when i finde them more obsequious to the parliaments just ordinances and commands , lesse willfull and more conscientious ; i shall do them all the offices of christian love ; but whiles contumnacy , obstinacy , licentiousnesse , uncharitablenesse and schisme are most predominant in them , the greatest favour i can move the parliament to indulge them , is to bridle these their extravagances with the severest laws , and to prefer the publike safety of church and state , before their private lawlesse conceits and phantasticall opinions . he addes , that i am in this as cruell a task-master as pharaoh : and that the son of god , and his saints are but little beholding to me . surely to confine licencious lawlesse consciences to the rules of gods word , the justlaws of the realm , and rectified reason , can proclaime me no egyptian task-master : but rather decl●re your sect meer libertines , who will not be regnlated by , nor confined within these bounds ; yea , i trust the son of god and his true saints are as much beholding to me ( in your sense ) as to the greatest patriarchs of your independent tribes , be they whom they will. this libeller being questioned before the committee of examinations concerning this letter , by their speciall favour returned his reasons why he sent it in writing , which he no sooner exhibited , but published in print the next day after , to defame and slander me among his confederates ; who give me now no other epithites in their discourses ; but a papist , a persecutor of gods saints , an enemy of christs kingdom , vvho deserve to lose my head for opposing them in this cause , &c. which i no more value , then the moon doth the barking of a lousie cur. in this new unlicensed paper , first he vaingloriously relates his own sufferings and deserts : secondly , traduceth the justice of the parliament and others , against some seditions sectaries ; misreciting many of their proceedings to the scandall of publick justice , and the parliament , pag. , . thirdly , pag. . he pretends my books against independents ( licensed by authority of a committee of parliament ) to be the principall causes of the rigid proceedings against separatists especially my truths triumphing over falshood ; which being subsequent in time to all the particulars he recites , could certainly be no occasion of them ; and therefore he playes not only the sophyster , but slanderer in this particular . fourthly , pag. , . he misrepeats , and misapplies some passages of mine , to all of his sect in generall , and to himself and svch as he is in the army and elsewhere : whereas there is not one syllable in my passages to that purpose , but only against some particular authors i there mention , and such of their confederates , who maliciously and audaciously oppugne the undoubted rights , priviledges , and just proceedings of parliament , contrary to their solemne covenant , league , and protestation ; and if you proclaim your self or any other in the army or elsewhere to be of this anti-parliamentary regiment ( as now you do ) i then professe my self an opposite to you , and shall make good against you what ever i have written , when and where you please . fiftly , he writes , that i eagerly endeavour to incense the parliament against him , and such as he is in the army , and elsewhere , and in the conclusion of my independency examined , presse the cutting of them off by the sword , & executing wrath and vengeance on them upon pain of contracting the guilt of highest perjury : a most malicious scandall : for first i never mentioned him or his in particular ; neither knew i how he stood inclined . secondly , in my independency examined ; i only in a generall discourse affert , that kings and civill magistrates , have by the law of god a lawfull coercive power , thought not to restrain the sincere preaching of the gospel and truth of god , yet to suppresse , restrain , imprison , confine , banish the brea●hers of heresies , schismes , erronious , seditious doctrines , enthusiasmes , or setters up of new formes of ecclesiasticall government without lawfull authority , to the en●●ngering of mens souls , or disturbance of the churches and kingdoms peace : these are my formall words which i there make good by scripture , & presidents in all ages ( & will justifie by gods assistance upon any occasion against all sectaries & independents whatsoever ) after which i close up this discourse in these very words : and if any hereticks , false-teachers , schismaticks ( chuse which of these three ranks you and yours will fall under ) obstinatly refuse conformity after due admonition , and all good means used to reclaim them , the poets divinity and policy must then take place , as well in ecclesiasticall , as civill and naturall maladies . cuncta prim tentanda , sed immedicabile vulnius , * ense rescidendum est , ne pars syncera trahatur . is this any urging of the parliament , to cut you and yours off by the sword ? and to execute wrath and vengeance on you ? if you be such obstinate hereticks , schismaticks , or false-teachers , who fall within the compasse of my words , god forbid , but the sword of iustice should be drawn out against you , as well as others , at least to chastise and reduce you to obedience , though not finally to cut you off , unlesse in case of absolute necessity : but if you are none of this obstinate hereticall , schismaticall brigade ( as i make you not , unlesse you make your selves ) my generall indefinite words will relate , neither to your self in person ( whom i never once minded in my writings ) nor to any of your tribe : and therefore in this particular , i charge you for a malicious slanderour and false informer , demanding justice and reparation from you for this , and all the forementioned passages , wherein you have wilfully done me wrong . sixtly , pag. . he injuriously chargeth me , as guilty of being an incendiary , betwixt the parliament and their faithfull friends and servants ; and that my actions and practises tend to no better end , but to make him and his partie ( vs ) to be sleighted and contemned , and that they a faithfull , conscientious , and considerable party in the army and kingdom might be disingaged and cavsed to lay down their armes , &c. after which , he concludes thus , pag. . now i appeal to everie true hearted englishman , that desires a speedie end of these wars , of what evil consequence it would be to the parliament and kingdoms , to have such a faithfull and considerable partie as mr. prynne calumni●teth , and reproacheth as bad , if not worse then ever the bishop of canterbury did , should be causleslie cut off with the sword , or be disingaged by his means ( especiallie seeing the kingdoms necessities is such , that they stand in need of the help of forrainers ) in which passage he intimates : first , that those anti-parliamentary seditious sectaries , who confederate with this libeller know their own particular ( pretended ) strength in the army and kingdom . secondly , that they fight only for their own private interests , and to erect their own church government , not for religion not the publick cause ; since my very writing against their schismaticall seditious wayes but in meer generall terms ( as this libeller , one of their privy cabinet councell intimates ) and that by authority of a committee of parliament , in just defence of the parliaments undoubted ecclesiasticall jurisdiction and authority ( which they most affront of any men whatsoever ) is a means to disingage , and cause them to lay down their armes : thirdly , i answer , that if he & his party be such faithfull friends and servants to the parliament , and such a conscientious considerable party both in the army and kingdom as he pretends , my writing in defence of the parliaments jurisdiction ( which they pretend to fight for ) can be no dis-ingagement or dis-couragement to them ; and therefore himself alone must be the incendiary twixt them and the parliament , and the dis-ingager of them to lay down their armes , by these his slanderous libells against the parliaments jurisdiction , priviledges , proceedings , not i who have only cordially maintained them ( according to my solemn vow and covenant ) by publike encouragement , and speciall approbation . i shal therefore challenge so much iustice from this epistoler , as publikely to retract all these his malicious libellous slanders of me , without the least provocation given him on my part ; or else he must expect from god & all good men ( yea from his own best friends and party ) the brand of a most malicious libeller , slanderer , incendiary , and undergoe the punishment due to such . to this i might adde a whole bundle of calumnies and injuries against me in master iohn goodwins calumny arraigned and cast , wherein he chargeth me , pag. . for aspersing the honourable committee for plundered ministers and himself , in averting , that he was suspended and sequestred by that committee ; which all the committee then , and himself with his confederates since experimentally know to be a reall truth , however they outfaced it for a time : his other calumnies are so grosse , and triviall , that i will not waste paper to refute them . these libellers are not single , but thus seconded by a brother of their sect , one henry robinson in his pamphlet intituled ; the pretences of master william prynne , &c. ( a meer empty libell fraught with nothing but railings , and slanders against me ) and in his latter libell intituled : the falshood of master william prynnes truth triumphing , in the antiquity of popish princes and parliaments : to which he attributes a sole soveraign legislative , coercive power in all matters of religion ; discovered to be full of absurdities , contradictions , sacriledge , and to make more in favour of rome and antichrist ▪ then all the books and pamphlets which were ever published , whether by papall or epi●copall prelats or parasites , since the reformation : with twelve queries , eight whereof visit master prynne the second time , because they could not be satisfied at the first ; printed in london , . here is a large libellous title , but not one syllable of it so much as proved or made good in the book : wherein he convinceth me , neither of falshood nor absurdities , nor contradictions , nor sacriledge : and whereas he chargeth ; that my truths triumphing , &c. makes more in favour of rome , and antichrist then all the books and pamphlets which were ever published by papall or episcopall prelats or parasites since the reformation ( of which he makes not the least offer of proof in his book ) i shall aver to all the world ( i hope without ostentation , being thus enforced to it ) and appeal to all men of iudgement who have read it ; that it makes more against rome , antichrist , and the usurped power of popish , lordly prelates and clergymen in points of calling councels , the authority of prelates , clergy men and synods in making binding canons , &c. and other points therein debated then any book or pamphlet whatsoever of this subject written by any prelate , clergy man , laicke , or by all the whole mungrell regiment of anabaptists , sectaries or independents put together : therefore this title of his ; is a most false malicious impudent slander , of a libeller past shame , void both of truth and conscience . his passage against me , pag. . . is much of kin to his title page , where thus he writes : the truth is , i cannot deny but master prynne was once by more then many , and they godly too , held to be a man of piety ( and was highly honoured , in whose books and pamphlets notwithstanding which have been published of late ) may be observed more corrupted principles , and a far worse spirit of persecution , then ever was discovered in the late delinquent decapitated archbishop , from his first ascending unto his highest growth of authority and greatnesse ; and in the diary of his life , which i suppose master prynne printed , not to do him honour ( though after ages will not be tyed to be no wiser then master prynne ) i finde such eminent signes of a morall noble pious minde , according to such weak principles as he had been bred up in ( his own persecuting disposition , disabling him from being instructed better ) and particularly so ingenious a passage in his funeral sermon , whereby he justifies the parliament in putting him to death ; as i may safely professe to all the world , i never yet could discerne any thing near of like piety , or ingenuity to be in master pryune , by all that ever i yet heard of him from first to last , or by all the books of his which ever came to my hands , wherein yet i have hitherto done him the honour in being at charges to buy as many , i mean one of every sort , as i could ever meet withall . surely , i am much beholding to this gentleman , for proclaiming me a man of more corrupt principles , and a person possessed with a worse spirit of persecution then the late decapitated archbishop , but the archbishop far more obliged to him , in canonizing him for such a saint : as for his diary , i published it as i found it , not so much to do him honour as right , which is due to the very devill himself : but had this libeller remembred , that i reserved the criminall part of his life , for two other volumes , one of them already published ; and the first part of the other now at presse , which will render him , the archest traitor and underminer of religion , laws , liberties , parliaments that ever breathed in english aire ; or had he seriously considered his obstinate impenitency , and justificntion of his innocency ( though most criminall of all that for which he was condemned ) even on the very scaffold ; he would have blushed at his large encomiums of such a traytor in affront of publike justice , to cast the greater blemish on my self , who was publikely called by authority to bring him to his triall . having thus reviled my person only for w●iting against independent new wayes and fancies ; having naught else to object against me , he fals soul upon my very profession of the law in these reproachfull termes , pag. , . certainly t is none of master prynnes least oversights thus to bring himself a lawyer , ( whose wrangling faculty sets and keeps all people at worse war amongst themselves , then all forraign enemies can do ) into a contest with mr. goodwin , &c. if master prynne were a man truly godly and conscientious , he might long ere this time have considered the unlawfulnesse of his very calling , acco●ding to the greatest part of lawyers practise , in entertaining more causes then they can possibly take care of as they ought , in taking of excessive fees , prolonging suits , and so involving the whole kingdom in their sophisticall quirks , tricks and quillets , as that a man can neither buy nor sell , speak nor do any thing , but he must be liable to fall into their tallons , without ever being able to redeem himself , the lawyers having most of their mysteries written in little lesse then heathen language , and detaining us in such ignorant captivity , as that we may not plead nor understand ; by which and such like devises of theirs , they are become the greatest grievance , crying loudest to heaven for justice to be done upon them by this parliament , next to the corrupted , depraved clergy men . surely these independent sectaries , resolve to extirpate all lawyers and clergy-men , as the greatest grievances under heaven ; that so both law and gospel may be dispensed only by their lawlesse , gospellesse lips , hands : and this makes them raile at these two honourable professions , without which no kingdom or church can long subsist : for my own part , i blesse god , i am not ashamed of my profession ; it s no dishonour unto me , ( since god himself hath honoured zen● a professour of it , tit. . . ) and i trust i shall never dishonour it : and though some perchance abuse it ( as many do all other callings ) 〈◊〉 makes it not unlawfull or a grievance , no more then other callings , 〈◊〉 being the fault of the person , nor of the profession : take he●d therefore how you pr●ss● this argument further , lest it reflect with disadvantage on your self , who have much abused the profession of a gentleman , by turning lib●ller ; of a merchant , in turning an independent preacher ; of a minister , in becoming an unlicens●d mr. printer of all these new seditious libels , in an alley in bishopsgate street , the very name whereof , made you such a panegyrist , to trumpet out the archbishops p●ety and gr●ces to the world , after his execution as a traytor . i shall rake no more in this pamphleters nasty kennel , which abounds with such fil●hy stincking stuffe , and billingsgate language as this . the author of the araignment of persecution , thus makes himself merry with me , pag. . that learned gentleman , just-as conformity of lincolns inne , esq ; can throughly resolve you , both by scripture texts , presede●ts of all sorts , and the constant uninterupted practises , examples of the emminentest emperours , princes , councels , parliaments , &c. it is well these illiterate ass●s are able thus to de●ide , what they can no wayes answer or re●ute by scripture , reason , or authorities of any kinde , but their own brainsick fancies . he proceeds thus , pag. . by the apochrypha writings , and non-sense arguments of mr. edwards : by the distracted thoughts , and subitane apprehensions of mr. prynne ; by the designe of the clergy ; by their forced tears ; by their hypocrisie ; by their false glosses , interpretations , and sophystications , good lord deliver us . here i am joyned with very good company , though in a blasphemous railing lyturgy , fit only for such conventicles as this libeller indoctrinates . the compiler of the sacred synodicall decretall , thus sports himself with dr. bastwick and me , pag. . dr. bastwick and jockey shall be god-fathers , and the whore of babylon god-mother , and it shall be christened , common-councell of presbyters : ( heare 's like to be a city well governed ) but it is not yet fit to be known by that name , while the childe is in the cradle ; when it can go alone , it will be a pretty play-fellow for my son iack , if the doctor can but cure him of the martin : 't is true , he hath given him a good cordiall against some independent qualmes , wherewith my son iack hath been much oppressed , since mr. prynne hath been outlaw'd by the gospel , his voluminous errours had the benefit ( sir reverence ) of the peoples posteriours to correct them , ( let the doctor have a care of his bills ) nam in posteriori pagina , omnia sua fic corriguntur errata : that 's a signe of some grace ; who sayes mr. prynnes not an honest man , that hath consecrated so much to such a reverend use ? but he shall have a better place when it falls , hee 's in the way of preferment , he doth supply the place of an informer already , for he must do a little drudgery before he be a judge . in what an uncivill , unchristian manner they have rayled against my ever honoured brother dr. bastwick , as an apostate , a fighter against god , an enemy of iesus christs , &c. only for writing against their independent novelties , himself hath at large related in his postscript . how they have abused dr. twisse , mr. hindersham , mr. calamy , mr. marshall , dr. burges , dr. featly , mr. paget , and especially mr. edwards , ( whom they revile beyond all measure ) only for opposing their new anarchicall government , hath in part been formerly touched , and would be over-tedious particularly to relate : i shall therefore conclude with two passages more ; the one concerning doctor burges , the other doctor twisse and the assembly , in their last libell , called martins eccho , p. . such hath been their good service to the church and state , that for my part , it should not much trouble me , to see them as well knockt down : i mean to see doctor burges , and a competent number of his brethren , set down upon their presbyterian thrones , judging the tribes of this our israel ; be ye mounted upon your great coach-horses , which trundle you too and fro , from london to westminster ; mount all your new canons , and advance like mighty men of valour , the horsemen and chariots of israel , even whole black regiments of you into the fields , under the conduct of your general●ssimo , william twisse , prolocutor ; and fire all your new cast ordinances at once in the face of your enemies , and so finish your good work your selves , and trust your sacred cause no longer in the hands of the profane . by this short taste , you may discern the most uncharitable , slanderous , lying , libellous disposition of these new independent lights , whose works are so full of infernall deeds of darknesse , and of the black language of hell. section x. containing seditious queries , passages and practises to excite the people to mutiny , sedition , disobedience , and contumacy against the parliaments proceedings , ordinances , and to resume their power from them . i have in the preceding sections , already transcribed sundry clauses of this nature ; i shall remember you only of some few more , in two or three late unlicensed libels . the author of , an answer to mr. prynnes twelve questions concerning church-government ( supposed to be master henry robinson ) pag. . makes this quere : what if the parliament sh●uld be for popery again , iudaisme or tur●isme ? t is no offence to make a quere , nor impossible to come to passe : the greatest part of such as choose our parliament men are thought to be popishly or malignantly affected : by the same law and doctrine the whole kingdom must in consequence , and such obedience as you dictate , conforme themselves to poperie , iudaisme , or turcisme , &c. and pag. . . he propounds these queries , of purpose to blast the power , and ecclesiasticall proceedings of our present parliament , and render them detestable , or contemptible to the people . whether have not parliaments and synods of england in times past established popery ? and whether may they not possibly do * so again hereafter ? whether in case a parliament and synod should set up popery , may they therein be disobeyed by the people ? if they may be disobeyed in one particular , whether may not they upon the like grounds be disobeyed in another ? whether the people be not judge of the grounds for denying obedience to parliament and synod in such a case ? whether the pretence of giving a parliament and synod power to establish religion , and yet reserve in our own hands , a prerogative of yeelding or denying obedience thereunto , as we our selves think good , be not an absolute * contradiction ? and lastly , whether they that attribute such a power to parliaments and synods , as they themselves will question and disobey , when * they think good ; do not in effect weaken and quite enervate the power of parliaments , or else condemn themselves in censuring the independents for withholding of obedience from parliament and synod in such things , wherein * they never gave , or meant ever to give power ? if the whole kingdom may denie obedience unto popish acts and canons , or upon any other the like just occasion , and they themselves be judge whether the occasion be just or n● : whether may not independents a part of the kingdom onlie , do the like in all respects ? or whether ought they because a lesser part of the kingdom , to yield obedience to popish acts and canons because a major part approve of , and agree with a parliament and synod in establishing them ? whether would it not be an ungodlie course for anie people to hazard anie thing at the disposall of others , or to be carried by most voices , which may possiblie , if not more then probablie be decided in such a manner as the yielding obedience thereunto would be burthensom to their consciences , if not absolutelie sinfull ? whether were it not an * ungodlie course for the whole commons of a kingdom so farre differing in religion as that they professe before hand that they dare not yield to another , upon perill of damnation , to make choise of a parliament and synod , with entring into vow and covenant , to become afterwards all of that religion , whatsoever the parliament and assembly should agree on ? whether it be not absurd for men to say , they vvill be of such a religion as shall be settled , before they see evidence to convince them ? and vvhether it be in the povver of man to be really of vvhat religion he vvill , untill he see reason and demonstration for it ? if a representative state or * * magistrate may have laws for setting up of a religion , or establish vvhat church-government they please ; vvhether have not the people the same povver originallie in themselves , to * assume again , and put it in execution vvhen they please ? and vvhether vvere this othervvise then to attribute unto a mixt multitude , to the vvorld , if not absolutely as it is distinguished from the saints in scripture , ioh. . , . and . , , , . at least by some voices , to make choise of a religion , lavvs and discipline , vvherevvith the saints , houshold and church of god must necessarilie be governed ? these seditious quaere's are since reprinted and propounded by the same author ( henrie robinson ) in another libell of his , intituled , the falshood of mr. william prynnes truth triumphing , &c. p. , . to what other end , but to stir up the people to mutiny , to rebellion against the parliament and its proceedings ( a thing lately attempted by a mutinous petition framed by independents , but afterwards moderated by some discreeter persons , and by some late libellous , seditious pamphlets ) no wise man can conjecture . to omit many new seditious , mutinous passages in the arraignment tf persecution , a sacred decretall , and martins eccho ; compiled , published , printed , vended , dispersed by independent sectaries , who highly applaud them ; instead of excommunicating , detecting , suppressing , punishing the authors and dispersers of them , i shall ( for brevity sake ) transcribe only this most seditious oration in the close of martins eccho , directed to the common people , to excite them to mutiny and rebellion against the assembly , parliament , their military , civil and ecclesiasticall present proceedings , deserving no lesse then capitall punishment , being done in seditionem regni , no lesse * then high treason by the common law. pag. . rejoyce , rejoyce good people , for this blessed reformation , which is ready , like an evening wolf , to seize upon you and yours : loving friends and neighbours , stand still gaping with your mouths , and quietly bow down your backs , whilest you are bridled and sadled , and let the holy , humble , and * gentle presbyterians get up and ride , they will doubtelesse deal very meekly with you , and not put you out of your place , though the proverb be , set a beggar on horse-back , and hee 'l ride to the devil ; though they have spurs , yet they will not use them . you remember how the bishops posted you furiously to and fro like iehu the son of nimshi , untill with foundring and surbats they have even wearied you of your lives ; the gentle presbyters will in no wise ride you so hard , though some malignants would make you believe , that sir iohn will never be off of your backs , because it is intended he shall have his holy spirituall courts in every parish of the kingdome ; but this benefit you are like to have , that if by his continuall riding hee so gall your backs and shoulders , that you can no longer endure , but cry out by reason of your severe oppression , you shall have liberty granted you , to leap out of the frying pan , into the fire , by making your * appeal to the common-councell of presbyters ; forsooth , where when you shall come with this complaint , your fathers the bishops made your yoke grieveous , and our parochiall presbyters , ( those lyons whelps ) do adde hereto : now do you ease somewhat the grievous servitude , and heavy yoke put upon us . you may * expect from this honorable court , an answer like unto that of rehoboams to those distressed people , that cryed unto him , our fathers made your yokes heavy , but we will adde thereto : our fathers chastised you with whips , but we will chastise you with scorpions , and mend your selves as you can , for we are the divine power , and consequently the law-givers both of church and state ; therefore you are to be content and submit your selves to your superiors ; your severall presbyters in you severall parishes , that have the rule over you , must in no wise be resisted , but as it is meet , be humbly obeyed in all things that they shall command you ; and * their power is not to be questioned , for the same power which lately was resident in & confined to the breast of one man , to wit , an archbishop , is inherent , and of divine right , in the body of a presbytery , and conveyed equally to every particular presbyter : therefore if this episcopall power be offensive and obnoxious to you , never expect to have it otherwise , for your * parliaments themselves cannot lawfully help you . now have you not cause to rejoyce for this iubilee , this year of deliverance from your anti-christian servitude , to aegyptian bondage ? yes sure , therefore i say , rejoyce and be glad , and again rejoyce , lift up your heads , for doubtlesse your redemption draweth nigh : the righteous shall be delivered out of trouble , and the wicked shall come in his stead , prov. . but in plain terms ( loving friends , neighbours and country-men ) let us a little reason together seriously : have not you born the brunt and heat of this unnaturall war ? is it not you that pay all the taxes , cessements , and oppressions whatsoever ? is not the whole burthen laid upon your backs ? burthen after burthen ? even till your * backs break ? how many thousands of you , who were of great estate , are even reduced your selves , your dear wives and children , to misery and poverty ? how many thousands and millions have you exhausted ? yea , hath not your hands been liberall beyond your abilities ? how freely have you brought in your gold , your silver , your iewels , rings &c. which in london , middlesex and essex , amoun●ed to above eleven millions , besides threescore millions extract●d out of the counties , with the innumerable sums otherwise raised , and spent in this service ? hath not your blood , the blood of your dear children and friends , been only engaged and spilt ? and is it not dayly shed in this quarrell , while the * presbyters clap you on the backs , animate , encourage , and preach out your very lives and estates , and involve you in all these miseries , and themselves touch it not with the tip of their little finger ; you have your hu●bands , your sons and servants , imprested from you , and forsooth , a priest must not be meddled withall , under sacriledge , blasphemy , or prophanenesse at least : they are * freed from all charges and taxations , and all is laid upon you ; and notwithstanding your insufferable misery , your unsupportable charge and oppr●ssion , under which you groan , and are fit to expire , those greedi● wretches are not ashamed to exact their * tythes , though they pluck it out of your childrens mouthes . there had been more need of an ordinance to have sessed the priests , and imprested them to the wars , for that vvould be more conducent for the kingdoms good : for should the king set up his episcopall clergy , and the parliament their presbyterian clergie , in the forefront of their battells , forlorne hopes , and put them instead of other honest innocent harmelesse soules , upon all their desperate attempts , without doubt they would as zealously preach for peace , as they doe now for war : they would quickly agree and turne as they were , rather then loose all . i am confident this would prove the most effectuall meanes for * our reconciliation , then any that hath beene yet attempted . consider this i beseech you , call to minde all your former expences , ventures and cessements for this present warre , and the miserable condition you and the whole kingdome strugleth in , as it were for life , and are now all ready to be devoured ; your estates are wasted , your men slaine , your hands weakned , and the kingdome is fit to be over-run , your strength decayeth , and your enemy increaseth , and all your assistance hath beene conveyed through the hands of the b presbyterian party , they have c born al offices , & have had all in their own disposing , but what is become of it ? wisemen say , that the treasures and wealth , that hath been spent for the managing of this warre , would have maintained a greater warre seven yeares longer , some body have feathered their nests , though yours are bare : now how thinke you , is it otherwise possible but the kingdome must be ruined if this course be continued , and to adde more certainty of destruction to it , these men now in this our greatest extremity , labour to divide the d parliament partie in twaine ; before the synod was assembled , the cries of the people were heard , their petitions answered , miseries redressed , monopolies remooved , oppressions eased , tender consciences respected , the servants of god delivered out of prisons , courts of tyranny and oppression suppressed , &c. but since their session , the case is quite altered , nothing but iesuiticall and machivillian pollicy hath bin on foote , thousands of petitions of poore widdowes , orphanes and all manner of distressed oppressed persons , who cry daiely and cannot be heard ; and these fat preists can have ordinance upon ordinance for their ends ; they can have the sweat of other mens browes confirmed upon them by an ordinance , whiles others e cannot have their just requests , for their owne rights answered : though their wives and children perish ; our f presbyterians wives must go like ladyes , with their silke & taffety , some with their fanns and silver watches forsooth hunging by their girdles , to please the pretty sweet faced , lovely mopphet withall pretty things , t is pitty there 's not an ordinance all this while , for them to weare rattle● ; consider this with your selves , & for what your estates and blood have beene engaged , the liberties of the subject , and the protestant religion , now how much after this vast expence , this sea of blood , of the subjects liberties , have you attain'd ? even thus much , he that shall open his mouth freely for the vindication of your native liberties , cannot doe it without the hazard of his own , yea of his life ; i know that the priests thirst after my blood , but i call the god of heaven to witnesse , would it quench their thirst , and be a ransome for our posterity , i would freely offer it to the common good● and as for the p●●testant religion hath it not beene lock'd up in the breasts , of the assembly ? hath not your faith beene pin'd upon their sleeve ? your estates spent , and your blood shed for the result of their mindes , right or wrong , and so have fough● for you know not what ? but it may be you 'l say , you have engaged for the suppression of prelacy , high-commission &c. you have indeed beat the bush , but the presbyters have caught th●● hare , instead of one high-commission , in the whole kingdome , you shall have one in * every parish under the name of a parochiall sessions , besides the generall high-commission call'd the common councell of presbyters ; now have you not , to shu● the smoke , skippt into the fire ? is the matter any thing amended ? sure you have got a worthy reformation : but it may be you have a better esteem of these new courts , then of the old high-commission : let me aske you ? do you thinke that they 'l be better then their patterne ? &c. thus you may see what you are , to rely upon , if in conscience you cannot submit to any thing they command , you know your wages , you must be banished : and doe not our presbyters not onely labour for the banishment , but for the lives of the contrary minded to them ? and is not this thinke you , as evill measure as ever was measured out of the high-commission ? wherfore i beseech you friends , consider what you do , consider the frait of your bodies ; into what slavery you are fit to inthrall them . i know you would be loath your children after you should be deprived of trading or living in the kingdome , though they should differ a litle in opinion from others . i beseech you therfore , save your selves from this wicked generation , who have spent your estates , your blood and all , and you are now worse then ever you were hitherto , all hath beene in their disposing , and you are betrayd , and daiely delivered as a prey to the enemy : the lord deliver us , amen . whether this be not another sheba , a trumpeter to blow up popular sedition and rebellion against the parliament , synod , and their proceedings , deserving sheba's punishment ; and whether it be not more then time for the honorable court of parliament to proceed severely against such scismaticall libellous and seditious mutiniers as these forementioned , let all wise men judge . if our foolish pitty and indulgence towards them ( according to the proverbe ) destroy our citty , our church , our religion , our parliament , our realmes , let those superior powers answer it , who have authority to prevent it ; i can with a good conscience professe and say , liberavi animam meam , what ever censures , reproaches scandals , libels i suffer for my good intentions , from this libellous generation of * unreasonable men , who have litle faith and lesse charity . certain queres propounded to independent ministers and their members , convincing them in many things to be meer papists , and swervers from the word of god. . whether independent ministers prescribing , and members submitting to a new-forme of church-government , not yet fully knowne to , or agreed on among themselves ; nor reduced unto certainty by any of their sect , but fluctuating and swimming in their ministers giddy braines , with a reserve of altering , adding or diminishing at their pleasure ; be not a meere popish blind obedience ? a receiving of a church-government with an implicit popish faith , to believe as their minister or church believes , without knowing certainly and determinately what they do dogmatically believe ? and a plaine worshipping of they know not what , their independent way and government , being yet not fully delineated nor 〈◊〉 in writing by any of their party , though frequently pressed to it . . whether independent ministers , members , churches denying the lawfull legislative , directive , coercive authority , jurisdiction of parliaments , councels , synods , kings , and temporall magistrates in all ecclesiasticall affaires , or matters of religion ; appropriating this power wholy to themselves and their independent conventicles ; their pleading of an exemption of themselues and members from all secular powers in church matters , as being immediately subject herein to none but christ : their usurping authority to erect and gather new independent churches not onely without , but against the command of parliaments and princes ; their dayly practise of admitting , rejecting church-members , & excluding godly christians not onely from their churches , but even from the sacraments , and their children from baptisme in case they submit not to their new-fangled way : their denying the liberty and benefit of appeales from themselves to any superior tribunall ; be it a classis , synod , or parliament , by way of ●urisdiction but onely of advice . their proclaimeing their owne independent churches , to be the onely true churches of christ ; and allothers f●lse , erronious , antichristian , from which all must sever under paine of damnation ; their imposing new o●thes and covenants , under pain of exclusion from church-communion on all their new members ; and binding them wholy to their wayes , edicts ; their stilling themselves supreame heads of the church next under christ ; and exalting themselves , above all that is called god , or worshipped , above all other ministers or christians whatsoever , as the only lights of the world , and tying the scriptures to their owne new-fangled expositions ; be not an erecting of a meere arbitrary , tyrannicall , pap●ll , antichristian jurisdiction in every independent congregation , both over the soules , consciences , bodies of christians , and a setting up of as many petty popes , as there are independent ministers or congregations ? . whether independents admitting women , not onely to vote as members , but sometimes to preach , expound , and speake publikely as predicants , in their convent●cles , be not directly contrary to the apostles doctrine and practise , cor. . . . . tim. . . . and a meer politick invention to engage that sex to their par●y ? whether their pretended liberty of conscience for every man to bleeve , professe , and practise , what religion he pleaseth , ( be it paganisme , judaisme , turcisme , popery ) without co●rtion or punishment by the magistrate , be not a like wicked policy , contradictory to scripture and religion : which proclaimes a licen●iousnesse to practise any sinne with impunity ? and warrants popes , papists , iesuits to murther protestant princes ; blow up parliaments ; massacre heretiques ; absolve subjects from their allegiance ; equivocate ; worship images , saints , reliques , and their breaden-god ; and commit any wickednesse for the advancement of the catholique cause , because their religion and consciences hold them lawful . and how then can we justly punish any traytor , rebell , murder , adulterer , swearer , drunkard , polyganist , theef , in case he be really perswaded in his conscience , what he doth is lawfull ? . whether the independent ministers in the assembly will undertake to bind either themselves or all others of their party for the future , without any reserve of altering or changing their opinions and practise , to that independent way of church government , which mr. thomas goodwin , or they shall at last , after long expectation , set down in writing ? if yea , that contradicts their owne profession , and prot●station in their apollogy : takes away that liberty of conscience they contend for ; and attributes a greater authority to them alone to oblige their party , then to the whole parliament or synod . if no , then certainly it is vaine to exspect a set 〈◊〉 of church-government from those fluctuating divines , who till neither under-take to oblige themselves or others for the future , by anything they resolve on or practise for the present : and a meare sottishnesse for any people to depend upon such unstable weather-cocks , and roling stones , who know not where to rest or settle ; and that way certainly can be none of christs , on which the very prime sticklers for it d●re not absolutely and immutably to fasten for the future , what ever they pretend for the present . . whether publike preaching , prophefying , and expounding the scriptures by independent souldiers , taylors , weavers , and other illiterate mechanicks , neither publikely called to , not fitted for the ministry , especially when and where there are able painfull preaching ministers to instruct the people , be not a most exorbitant . arrogant , scandalous , and disorderly practice , no where warranted by gods word , but directly condemned by numb . . . , . c. . . to . sam. . . , chron. ● . . to . ier. . . c. . . hosea . . . mal. . . chron. . . . neb. . , . c. . throughout . mat. . . . . mar. . . . . acts . . gal. . . hebr. . . c. . . tim. . . c. . . . tim. . . . rom. . . . cor. . . . c. . to the end . tit. . . . contrary to the very light of nature , the priests among all heathen nations whatsoever being distinguished from t●e people , and not all promiscuously priests , gen. . . . king. . . kings . . . zeph. . . acts . . and quite opposite to the practice of all christian churches in all ages ? ● . whether mr. hanserd knols ( the illitterate anabaptist ) his moderate answer to dr. bastwicks booke , p. . . where he averres : that the condition upon which people are to be admitted into the church , are faith , repentance , and baptisme ; and none other . and whosoever ( poore as well as rich , bond as well as free , servants as well as masters ) * did make a profession of their faith in christ iesus ▪ land would be baptized ( he meanes re-baptized ) into ( he should say in ) the name of the father , son , and holy spirit ▪ were admitted members of the church ; but such as did not beleeve , and would not be baptized ( though formerly baptized by others ) they would not admit into church communion . and that this hath bin the practise of some churches in this city , ●ithout urging or making any particular covenant with members upon admittance : doth not herein diametrally contradict his other independent brethren , who exact particular covenants , from their new admitted members and do not re-baptize them ? whether he hath not plaid the anabaptisticall jugler with ▪ mr. cranford , in printing onely , imprimatur ia : cranford , in the title of his booke , and leaving out the preceding formall words of his license , to the great abuse both of the reader and licenser , viz. i have perused this treatise ( called a moderate answer to dr. bastwick ) which though● iudge erronious , yet to satisfie the desire of a friend , and prevent the cavils of some adversaries , i oppose , imprimatur ia : cranford . and whether these and such like practices proclaim not the anabaptists such as * dr. foa●ly proves them : a false and lying sect , if not blasphemous too , as the premised sections declare some of them to be ? a transcript of a letter lately written from the sommer islands , to william prynne of lincolnes inne esquire ; relating the schismaticall , tyrannicall , and seditious proceedings of the independents there ; and how they lord it over the soules and bodies of those who dare oppose them ; how contemptuously they speak against the power of parliaments , the church of england , and scandalize all others whatsoever , who are not of their faction . which gods providence newly brought to my hands from thence , when i was closing up the premised discovery . worshipfull sir , ali health , happinesse , and prosperity wished unto you ( as to mine owne soule . ) the occasions moveing me at present to trouble you with these unprofitable papers , are great and many ; and happily i being a stranger unto your worship , you may account it more then boldnesse , yea even peremptory saucinesse , in me to presume to write and crave favour to and from one who never had the least knowledge of me . but the manifold reports i have heard of you by divers good christians , emboldeneth me ; but especially seeing your good works which i have perused with care and diligence , which from mr sparks his brother i procured , enforceth me so much the more in this my boldnesse , not doubting but that you are a true hearted christian , truly fearing god , embracing piety and hateing iniquity , a faithfull well-willer to the church of god ; and to all the israel of god , and to all true israelites who with faithfull hearts love the sion of god truly and sincerely , without hypocrisie or halting between opinions , dessenting from it in any by or false respects , the which are the only causes moving me hereunto : and for which i have suffered , and a●● and have beene these thirteen mōnthes * prisoner in bonds , for standing in defence , and an opposite unto , or against a certaine independent church , hatched and forged in the braines of our divines ; and by them constituted , erected , and fully accomplished ; and with us held in great repute and adoration , yea and the actors of it not as men , but even as demy gods , attributing that unto them , which is only proper unto god ; especially unto their pastor mr vvhite , the chiefe actor of their faction , a most seditious turbulent , and hatefull malicious person , and as politick as achitophell , and as crafty and subtle as the devill , having as he holds the world in hand , that by his wisedome none can excell him in the lawes , both ecclesiasticall and civill ; and therefore amongst us , ( a company of poore simple ignorant and undiscerning people ) he is so accounted of , as all his words are oracles , and himselfe no lesse sent from god ; and therefore whatsoever he saith , is and must be a law , whether it concernes body , soule , or conscience ; for he cannot crre , so perfect is he in their conceits : and if * christians in griefe and distractions of soule and conscience , at their courses , shall sue unto our rulers for redresse of their factious aud seditious courses by way of humble petition , for a cessation of those things , till we shall heare from england , what discipline the high court of parliament and synod hath concluded upon , and that to embrace and follow ; then shall we presently be summoned to an assizes , and there undergoe such penalties as by the court shall be censured upon , or else , which they most ayme at , to have us , contrary to knowledge and conscience , acknowledge we have wronged them , and there in open court before the countrey confesse our selves sorry for what we have done ; this is our misery : yea if i shall speak , much more write in our owne defence against their independent church , laying open their factious and schismaticall government , and their envying against our church , and church government , and discipline , though they have proofes and grounds sufficient by the word of god to convince them , the which i could never yet see disproved by them ; together with my name annexed thereunto , yet if he threaten me for boldnesse herein to have a counsell table called against me , i am sure of it , and there to bee baited and banded to and againe by a whole counsell ; together with our schismaticall divines , even as a beare at a stake , not one to speak one word in my defence , nor in the defence of gods cause ; but with an unanimous consent and voyce my writings exclaimed against , pronounced libels , and ignominious and slanderous writings , though none of them approved so to be , nor disproved for the truth i stand for ; yet shall i be censured by them , for them , bound to my good behaviour , put in sureties ; and if at any time afterwards i shall divulge any thing either by pen or tongue against this independent church ▪ their governours , or government , doctrine , or the like , i must then presently be declared infamous ▪ and lie in prison till to the contrary we heare out of england ; yea however , for want of sureties in this case , to lie in prison notwithstanding till i can or doe put in sureties ; the which i did for the space of five weeks , to my great damage and charge , and also detriment , being an aged poore man of yeares of age ; and five nights in the cold winter time almost drowned in the prison with raine , and sore tempestuous weather , having no shelter to save my selfe dry : these , with other things , have i undergon , too large for to relate , and that chiefely from this white of this independent church , pastor ; i meane by his meanes , for if hee sayit , it must and shall be by our rulers , who indeed ought to be chiefe instruments in removing and casting out such venomous vermine out of both church and common-weal●● but how can it be expected , when they themselves are inconfederacy with him , and joyne hand in to work wickednesse ; therefore whoever speaks or writes against one , doth it against all ; therefore with a cunning sleight they put it off , as not being done in the behalfe of their church ; but as that by it i labour the subversion of the peace of our countrey as much as in me lay , as though our countreys peace rested wholly upon the planting of this their independent church , whereby they have made more and greater breaches , as can be manifestly proved , then ever they will be able to make good , both in church and common wealth : yea in private families also , the husband against the wife , the wife against the husband , the children against the parents , the parents against the children ; and the like , according as your selfe have worthily noted in your twelve interrogatories . is not this a great misery in so little a spot , even a handfull of people ; oh miserable times ! oh unhappy conditions ! now if you demand a title or name of this their church , or from whence derived , i cannot answer you ; for i suppose themselves know not , only framed of their fancie and braines , only to get themselves a name , fame , and popular applause and estimation of the world : but thus much i am sure of , it is derived partly from the anabaptists , partly from the brownists , but most especially from the donatists , having in it a smatch of each ; however they feign it to the church of new england , which , as they say , is the purest church this day in the world ; yet come they farre wide of it , so that it is but their saying not their doing . but grant that they were in their way aright , yet hold it we not requisite that their examples should be rules to us to walk by , seeing that both the one and the other have beene constituted and erected by an indirect way , without the advice and approbation of lawfull authority of king , parliament , and synod , the which our men say they are not to attend or waite upon princes nor parliaments leisures , the cause being christs owne , and depending only and alone upon him , and not upon any humane power : and they his servants , and christ their lord , it refteth on them in his behalfe to doe it , it being a spirituall and no carnall work . and againe some of them have said it , that parliament and synod can establish no other church discipline or government then theirs , unlesse they will goe contrary to the word of god ; this hath beene publikely delivered : yea by the same party such stuffe hath beene delivered , that hath made all modest and shamefull faces to blush , eares to glow , and hearts to grieve that hath heard it ; yea and that upon dayes of humiliation , making divers people both objects and subjects openly to work upon ; thundering out punishments and judgements , both spirituall and temporall , against divers persons , as though they had both swords in their owne power , or as though they had absolutely knowne gods secret decree ; and this hath beene held for sound and good orthodox doctrine , when divers have repented of their hearing ; and these not once nor twice , but often . infinite might i relate , even from their owne mouthes , which would make wise men admire , but i must passe over them to avoyd tediousnesse to my selfe , and trouble to you . and that in your wisedome you may the better conceive of this their church , the first beginning was a certaine feast , held every week at severall houses , which feast they called a loblolly feast ; which for the common fare of our countrey is as our watergruell in england , so they would have it but of a common food ; at which feast each did strive to excell another in the difference of making it : after they had once gotten a certaine number unto them , and so of an ordinary food they made it extraordinary ; yea so extraordinary , that some in few meetings were forced to sell the feathers out of their bedding , for milk , butter , and creame to feed them withall , and to make their loblolly the more dainty and toothsome ; others againe to maintaine this feast , for one dayes entertainment , themselves and whole family must pinch for it two or three months after ; by which feast , by the shew of neighbourhood or feast of love , though never none was found , in short time they encreased in every parish to a pretty number . at which feast also their bellies and stomacks being well gormondized , the minister propoundeth certaine questions unto them by way of catechising of his owne framing , for halfe an howre ; which each had in writing one from another , and like schollers these their lessons to learne against each wednesday , and great care was taken ; some for feare of reproofe , and some popular applause : and these ca●●chisings being ended , they then for an houre or two discourse of neighbours that would not joyne with them , traducing both names and persons ; this man is a drunkard , a whooremaster , and the like ; such a woman was light and wanton , and loved such and such a man ; such a man loved such a woman ; this was the manner and order of their feasts , till at length themselves were most of them drunkards and whooremongers . the next thing was , a day in a week at noon for two houres space to catechise youth and children , upon a simple small catechism set out by one mr oxenbridge , sonne to doctor oxenbridge of london , who with his wife especially were the first ground-works of this faction : who in time before it came to any perfection , departed from us , but left the cursed seed or fruit of their faction behinde them : they being gone , this mr white as chiefe , takes in hand to accomplish this businesse , which with another as forward , but better seene in it then themselves , one mr golding , a young head but well learned in schismaticall science , if not worse , joynes together , labours with and overcomes an ancient man , mr copeland by name ; and then on all hands with an unanimous consent , they joyne their forces for the erecting and establishing this their church ; and then in stead of catechising youth , they would catechise ancient people young and old of both sexes : this they could not well accomplish , being by divers withstood ; but seeing they could not bring that to passe , then would they not suffer any to communicate without examination before , and that as well beleevers as others , yea them especially , though never so learned and sufficient , which bred a sore broile amongst us ; yet of many could they not have their wills , though put from the sacrament . then denied they to baptize children , unlesse the parents rehearsed the creed , and such as did had their children baptized , and such as would not , theirs were not . then having made themselves strong by encreasing their company , they then began a weekly lecture upon every wednesday , one one week , another another week ; these exercises were wholly and only for the building up of this their church : exclaiming against our church , both in matter , manner , order , government , discipline , and governours , applauding this their owne , the holiest , and purest church upon the earth , next unto new england : here they deny all supream power of magistracy , yea of the king himselfe , only to guide them in the channell , and to defend them and maintaine them in this their church , orders , and discipline , to punish all such as shall oppose them : themselves being chiefe thereof under christ , but especially their pastor white , so pronounced by their prolocutor , one of our present governours in the house and presence of god , and the whole congregation , that he was * supreame head of this church next under christ , and none above him : this was one mr painter a cooper . then the other two ministers were chosen elders , whereof mr golding the younger man in yeares was the chiefe , mr copeland the inferiour , next a deacon one mr robert cesteven a counceller , and a great stickler ; thus have you as yet all the officers : but before this choyce the baptizing of infants was quite rejected and given over , holding a tenet , that children ought not to be baptized , but only such as were of yeares of discretion , and able to render an account of their faith , according to mark . . with divers other places , saying , they were no pastors , and therefore durst not * baptize one nor other , and that they had baptized more children already then they knew how to answer : this was mr whites owne speech unto my selfe upon a lecture day , i having two of my children to baptize at the same time . vpon this i confesse , and se●ing the great inconveniency that did arise thereon , and many children in the countrey to be baptized , and many more like to be , i put pen to p●per and write unto our chiefe governour capt. vvilliam sayle , foure or five sheets of paper , and presented as a new yeares gift , hee being the only man , as i supposed , to redresse and reforme by vertue of his place and power , all such erroneous and factious errours both in church and common weale ; but hard successe i found in my epistle unto him : in the front of the work , i shewed him how i was perplexed both in minde and conscience for yeelding unto them through his instigations and perswasions , at an assizes before , for another writing delivered by me unto mr white himselfe , upon his and the rest their silencing themselves , leaving our churches upon the lords dayes , and gathering swarmes of people into their owne houses as conventicles ; and there have reading , singing , praying , expounding , and preaching , yea if truth were knowne , the sacrament also administred in their private houses ; and all these ordinances denied in the houses of god , yea they were slighted , contemned , scorned , and rejected , even as iakes : these at the beginning of constitution of their church ; nay in one small tribe or parish three or foure such severall places of meetings , and the houses of god destitute . secondly i writ against independent churches according to my poore understanding , i being a man of no learning , but especially against their church , saying , had i power and approbation , i would shake the whole fabrick thereof ; this was taken very heynously . but to let passe other things contained therein , come we to the work , where first i maintained our church of england against all independent churches , to be a true and a perfect church ; yet so , as not being free or cleare from all defects , as no church under heaven was , is , not never will be , comparing our church with all other reformed churches , and their defects and deformities . secondly by seven wayes i maintained the lawfulnesse and the necessity of baptizing infants , where i answered divers objections of the anabaptists , and theirs also unto me in number fourteen , and laid downe their objections severally . thirdly and lastly , i shewed who of necessity were bound , and therefore ought to baptize infants , namely those to whom god had given the dispensation of the word and sacraments , that is , such as god hath called to the ministeriall function , and endued them with gifts and graces answerable for their callings , such and none but such ought to meddle in the word or sacraments ; here i shewed the duty of all who had children to baptize only to such , and to none but such : then next , the duty of ministers , they being so sought to ; they ought , they must baptize them : next i confuted and condemned certain heretick● and schismaticks that denied and refused to baptize infants , and namely themselves ; and lastly concluded with a friendly exhortation to all ministers to be carefull to perform their duty in this , and in all other points . this in brief was the summe and effect of my new yeares gift , of which i heard not a word for three weeks space , in which time , yea so soon as he had it , he shewes it to the ministers , who all this time perused , scanned , and sifted it ; upon the which mr white comes to my schoole , salutes me kindely , with one with him to catch and beare witnesse what proceeded from me , at length uttered his mind ; amongst many other passages , that i perverted the scripture to my own ends , saying i had abused the words of our saviour , luk . where he commandeth little children to come unto him , and forbid them not : you maintaine saith he , he meanes such children as suck the breast , here is your errour , saith he , and for this you shall smart ; but saith he , his meaning was , such as were newly converted to the faith , these , saith he , are those that christ calls little children or babes , as in iohn . . therefore for this your * absusing and wresting the word , you shall answer it , and i doubt not but to crave so much favour of the governour , as to call a councell table , where you shall answer your abuses , and peremptory scandalous and libellous writings , and so at length we parted . the next week following i writ a letter to the governour , giving him to understand , i had taken him for an honest christian friend , telling him withall ▪ i sent it not to them but unto him , supposing himselfe only would have made use of it for some better ends , and withall laving open schismaticks more plainer then before , advising him upon them five marks or tokens to know them by , to search and see if he knew none or could finde none . then i shewed , that faction and sedition did spring from these sinnes , pride , hypocrisie , and ambition ; and from these three did arise presumption , and rebellion , both against god and man , shewing how and wherein ; praying these sinnes were not found amongst us , but neither named nor pointed at any that hold could be taken . the next sahbath a warrant was served on me for my appearance at a councell table the thirteenth of february , where being as before , i was so baited and banded to and againe , as wonder it was , and shortly * after clapt in prison : however nothing traverst that day , save only the letter , nor my new years gift never questioned ; when and where i made mine appeale for england , where god blessing me , would i have beene at present , had it not fallen out , that in october last in the dead of the night , my house with all i had therein was burned , to my great losse and prejudice ; so that being altogether unable , i am forced with sorrow to stay behinde , as not being able to put clothes on my back ; having also burnt all my writings , which hath beene more griefe to me then the losse of all my meanes and goods , which was more then of mine owne i shall ever see againe . but having digressed from the proceeding of this sect , i returne againe where i left : and having given over the baptizing of infants for a good season , at length they gave over preaching , as being no ministers , as being made so in an antichristian manner ; and no true ministers till such time as they were new called and ordained by their holy church ; which at length was accomplished : in which time they still continued their weekly lectures ; whereat there was added , and they received members unto and into their church daily , but after a most strange manner ; their exercise being ended , those that were to enter in , came upto the chancell with great sobriety and shew of humility , and sorrow , with contrition , and wounding of conscience for sinne ; and there stand , but with much hypocrisie and dissimulation ; and there before the pulpit , with all the holy brethren and sisters about them , they make a consession of their sinnes , are in outward shew sorry for them , with great contrition : upon which enquiry is made among them , what they think of their confession and contrition , and whether they are not worthy as members of their holy church to bee received in ? answer is made , yea : then they tell them , they do accept of them , and with great applause they all receive them , all shaking and embracing and hugging them , with great joy , biding welcome brother , welcome sister . but such confessions and doings as you never saw the like ; insomuch that law might justly take hold of many of them : but these open confessions have a pretty while bin left off , they being ashamed of it in regard the people mock them , telling them that this open auricular confession is meere idolatry and superstition ; therefore now they have private confessions ; and whosoever entereth into their church , must also enter into covenant to stand to and to maintain their church and church-discipline , orders , governours , and government , to the uttermost of their powers and abilities ; yea they must endeavour and strive therein even unto blood . and concerning baptizing of infants at the taking up againe of their ministery ; they also have taken up againe the use of the sacraments , but only among themselves ; but for any that are not in or of their church , their children shall not bee baptized unlesse they will enter into their church , and covenant with them ; neither for the sacrament of the lords supper , shall any partake thereof , but only their owne flocks and members , by which cause many people who have an ardent desire thereunto , have beene deprived of it , some * two yeares , some three yeares , some more some lesse , to their great griefe and sorrow ; and for the manner , forme , and order of the sacrament amongst themselves , it is according to their faction , derogating from our mother church as i heare : and for all such as are not of them , nor adheres unto them , we are accounted as † heathens , yea even as dogs , or swine , and so reputed . thus in briefe have i laid you downe the order and manner of their church from the beginning to this present , which hath beene in agitation these foure or five yeares ; and whether it be yet fully perfected , i think themselves are ignorant of ; but now is their maine hope , that their great pastor of their church is now come for england , and that from and by the parliament he will accomplish a full and absolute setling and establishing this their church amongst us , by vertue and power from the parliament , and by friends that he will raise , especially by the meanes of one mr holland , one that beares some place of eminency in parliament , who is a great and extraordinary friend of his ; the which if he should accomplish this their wicked desires , then will they tyrannize over us , and bring a great confusion upon our whole countrey , and raise civill warres among us , to our utter subversions , being in comparison but a handfull of people , to the great griefe and hearts sorrow of many honest christian hearts , who desire the peace of gods true church , but for all false wayes we utterly abhorre . and now worshipfull sir , with favour give me leave to use by way of similitude the words of mordecay unto ester c. . . who knoweth whether thou art come to the kingdome for such a time as this ? even so say i to you sir , what know you whether the god of mercy and consolation hath raised you up as an instrument or meanes for these distracted times ? yea , what know you , whether by your help and assistance you may not be a meanes and help for the release and delivery of many poore distressed and distracted christians from the cruelty and tyranny of these schismaticall schismaticks , whose mercies are meere cruelties , which we know by woefull experience we shall finde . and however we are farre remote from you , yet we beseech you ( i speak in the behalfe of many ) let your goodnesse by your ayde and assistance even stretch it selfe to the utmost ends of the world , if occasion be offered , for the good of gods church and people ; and as your works comming by gods blessings amongst us , to our great joy and comfort , and to the vexation of our malignant adversaries ; who notwithstanding slights them , saying , you have writ according to your understanding , and to the corruption of your owne heart , and that you have beene answered and foiled in your owne arguments ; perswading poore simple ignorant people unto any thing ; for divers having seene your twelve interrogatories , struck them into such a damp and distemperature , that they knew not what to say or doe , untill their pastor especially with their elders , through deluding speeches , gave them as they suppose some comfort ; otherwise i perswade my selfe many of their adherents had revolted from them , and turned cat in the pan . but no marvell though they sleight you ; for they doe sleight all the most reverend divines and men of learning , wisedome , and gravity , whose lives have beene cautious , pious , and religious that have beene before them : let a man name any forreigne and domestick , some they will set at naught , others happly with a more reverend respect , yet sleight them ( as my selfe at times have produced at least a hundred upon occasions ) they will answer , they were good reverend men in their dayes , and taught well according to their times ; though you name the interpreters of the scriptures , or bring in beza or iunius , upon their annotations , yet say they , these were but men , subject to failings and errours , and their dayes were the times of ignorance , and of superstition , and the cleare light of the gospel was not then so manifestly and so clearly made knowne unto them as now it is , the lord revealing his will with a greater splendor in these latter dayes unto his servants the ministers then in former times , for the calling and gathering together of his elect from the foure corners of the world , and by them in these latter times hath shewed a more nearer and easier way to heaven then formerly ( o impious impiety ! ) wherewith they delude poore simple people , deceiving them , being voyd of understanding and discerning even to their destructions : for let a man discourse with them , and shew them their solly and their blindnesse , and shew them the erroneous wayes they are in ; this presently is their answer , * we doe know that our teachers , who are our leaders , they are wise , learned , religious , pious , and holy men , and they cannot erre , say they ; and they have paund their soules upon this way , and would they wilfully damne their soules were it not the right way , no t is impossible ; therefore we will never forsake this way , but whatever they say or teach we will build our salvation upon it , and seale it with our blood : thus have they taken poore soules captives and deceived them ; and through their delusions we have daily a falling away , forsaking the old way which is the true way , and turning to sinne and schisme , and erroneous factions , which are new invented wayes never heard on till not much my time before . wherefore we beseech you , we beseech you in the bowels of love and compassion , let the serious consideration hereof move you to enter list with this stout champion , whose pride we know to be such , that hee will overcome ten thousand better then himselfe ; and not only to enter list , but also as god hath called you to , and seated you in a place in that high court of parliament ; that so you would oppose his enterprises and hinder him of his desired purposes , that so he may not come with power and authority from that high court , to lord it and to beare rule over the lords inheritance amongst us , but rather forced to recant , and lay downe all his and their schismaticall courses , or confine them all together to some other place . things comming into my minde one after another , causeth me not to set them downe so exactly in order as they hapned , but somewhat confusedly : i should have told you at first , this man , mr white , was by the company of adventurers sent over some yeares since , minister for our two tribes , pembrook and devon , and by the earle of dorset then governour , with the whole company , they bound him in a bond of two hundred pound stirling to live with us peaceably and quietly , and to follow the orders and discipline of our church for the space of three yeares after his arrivall ; which argued he was a man of a turbulent spirit in the place where he was , at knights bridge neare westminster * ; during this time of his bonds he was at hot a zealot as possible might or could be , both for the book of common-prayer , as also for all other ceremonies of the church , as kneeling at the sacrament , crosse in baptisme , ring in the marriage , and all other things whatsoever , so long at his bonds lasted : but suddenly after he turned upside downe , and after foure yeares hee began these things ; and seeing he could not accomplish his desire with us , he made shewes of leaving us and goe to another charge that was vacant , unlesse we would sue unto him by † humble petition , as unto a prince , which we refused to doe ; the other they did , and gave him a call , and with their call , a hogge of forty shillings price ; which call he received and embraced , forsook us , and went unto them : he had not long beene there , but by some of our tribe he was sued unto to come to us to baptize three children ; the which he did , he and his wife , mr copeland and his wife being witnesses to one ; where his text being ( he that despiseth you , despiseth me ; and he that d●spiseth me , de●●iseth him that sent me ; ) at which time he did so exclaime against us , saying , we despised him and his doctrine , and had cast both him and it from us , and so consequently god the sonne , and god the father , because we would not sue ▪ unto him by way of petition : when he also for our fact , pronounced a doome against us in his pulpit , saying , stand up ye of pembrook tribe and heare your doome , which was , you shall live here these twenty yeares without a preaching minister ; comparing also our reader to the idoll dagon ; the reading-pew to the place of desolation , saying , here sits the idoll of abomination in the place of desolation ; saying our book of common-prayer was an idoll also . and still in their weekly exercises , defame they our church , and church discipline , with the orders and manner thereof , crying , she is uncleane , she is uncleane , polluted , defiled with antichristianisme , both in church-government , manners , orders , and discipline , yea throughout ; therefore say they , come out of her my people , and take not of her pollutions , with divers such like ; yet for the man , i must confesse he hath beene and is a worthy and reverend teacher , which causeth many , yea most people the easier and sooner to be deceived , as also by humble carriages , and pious walking , which is such , that as our saviour saith , is able to deceive the very elect , by their walking in sheeps clothing ; but sure i am , they are ravening wolves , and easily may be discerned by their fruits ; that is , by their doctrines , the which however it sound good to simple people , and is as honey in their mouthes , but sure i am , they tend only and wholly to their owne schismaticall faction . and thus have i beene large in my discourse , and troublesome unto you , though in briefe . now sir , you know that he who cutteth wood over his head , is in danger of the chips flying in his face ; so fareth it with me , i having beene an opposite against them , both by speaking and writings ; they are therefore become mine inveterat enemies , and have from time to time traduced me : and as the case once was yours , so is it and hath beene mine , having suffered much by our rulers , through their meanes , they being all in a confederacy ; and likely , if he can possibly , suffer more ; but i hope will defend me from their cruelty by the help and meanes of you ; who are able to sympathize another mans case by his owne , and be the easier stirred up to compassionate my case , and to doe your best endeavour for me , and many more honest hearted people , who by me desire from you the like favours ; so shall i and them also be bound to pray for your prosperity here , and everlasting happinesse hereafter ; desiring you to keep this writing to your selfe , and make use of them , and not shew them to any , except to some sure friends , not but that any thing herein contained is also absolutely true , but that they are mine inveterate and malicious enemies , and if by the parliament they should get their desires , then am i sure to suffer most exceedingly ; therefore i am forced to send to you underhand by way of mr spark , and another to write the subscription of his letter , that my hand bee not seen ; such laying wait there is for any my writings . this gentleman the bearer , hath in some measure beene a co-partner with me in suffering , and hath had much trouble , and is now come for england to cleare himselfe from many false accusations laid to his charge , as also to maintaine the countreys agrievances and his owne also : and if your worship shall bee pleased to doe him any friendly office , either by word or counsell , he will be thankfull , and so shall more ; and with my selfe in especiall be bound to pray for you , and ever rest your truly devoted and faithfull well-willer in heart till death to be commanded . richard beake . sir , i desire your favour i may heare from your worship , which will be a joy to me and many others , who rejoyce of you , and hope well in you . this letter is seconded by sundry others from thence to the same effect , and to move the honourable houses of parliament to take some speedy course for the quenching of those flames of schisme and sedition , which these new independent lights and firebrands have kindled in this plantation , and taking off the unsupportable yoak of tyrannicall and arbitrary government over the persons , estates , and consciences of the free-borne english subjects there , which these lordly tyrants have imposed on them , threatning ruine to this plantation ; which i hope their honours , and all others concerned in it , will seriously lay to heart . i shall adde to this two other papers , ( to wit , a petition , and advertisement ) sent lately from the same islands to me by mr richard norwood , which fully discover the schismaticall and arrogant proceedings of the independents there ; and refute their present innovations in a substantiall satisfactory manner . to the right worshipfull our worthy governour captaine iosias forster , and his councell . right worshipfull and worthy governour , &c. i know you are not ignorant of the rent or division here begun , which though i beleeve ( as you have often testified ) you favour not , yet through your gentlenesse and forbearance towards the authours and abetters ; it growes very strong , and is like to prevaile ; which i suppose you know not , but may further understand if you be pleased to make enquiry , and to heare other men . for mine owne part i frame not this as a complaint or accusation against them , being but one man , and the matter concerns all ; besides i have seene the successe that others have had that wayes , and i know they are too strong a party for me or any one man to encounter with . but being very sensible of the danger approaching , lost by my silence i might seem to consent unto it , i thought it necessary to give notice , and to endeavour what in me lies to prevent it , whatsoever may befall me for so doing . therfore i have written this advertisement following , which i could wish might come to the hands of all . the intent and scope wherof is , to invite and perswade all to a cessation from setting up any new discipline and government amongst us untill we heare what is decreed by the honorable assembly of parliament : or if that cannot be obtained ( as i have small hope , considering how eagerly they pursue their ends , and how great a number they have gayned to their party ) yet that the authours would expresse punctually in writing , what manner of discipline and government it is which they would set up . and because ( it may be ) they will say , that they have already exprest it in their sermons , especially in their lectures ordayned for that purpose ; therefore i have set down thirty or more doubts of speciall moment which they have not yet cleared . neither is it fit that our religion or this part of it ( which they would seem to make a principall part ) should remain in their breasts only , for so they may adde , detract , or alter , as they please ; but ought to bee fully exprest in writing . and i beleeve they are scarce agreed themselves touching all points of their intended discipline ; which you may perceive if you please to examine them severally , according to these or such other questions , as you shall think fit . therefore in the first place ( according to my duty ) i humbly present this advertisement to the consideration of your worship and your councell , to whom god hath committed the government of this place , and of all persons here , and of whom he will certainly require it , if such an evill as is threatned should befall through your neglect . for although the great antichrist and his clergy did prevaile to perswade christian princes and magistrates , that the government of the church and care of religion pertained not to them , but to the clergy , and the like , is now here preached amongst us : yet i verily trust , you entertain no such false principle . for , to establish true religion , to maintain it , and to see that the duties of religion be duly performed to god and man , is almost all that the law requireth , and so is almost ( if not all ) the duty of the christian magistrate . and this being taken from him , and put upon the clergy , he may serve as an officer to execute what the clergy shall decree , but ceaseth in a manner wholly to be a magistrate . thus commending you to the tuition and direction of almighty god. i rest march . . your worships in all due observance , rich. norwood . an advertisement to such here as have care of the conservation of true religion . it is and ought to be the principall care of every good christian , to conserve the knowledge and exercise of true religion in himselfe and others , being the one thing necessary . but from this these times have much declined everywhere ; and even in our deare native countrey , so farre as called for a speedy reformation , or threatned ruine . and seeing little hope of the one , the latter was justly feared by many , and by my selfe ( i confesse ) amongst others , being the principall cause of my comming hither . but the lord hath mercifully stayed those feares , and given us fresh hopes by the reformation in so great a measure begun by the present parliament , which also they endeavour through many difficulties to accomplish more fully . and considering how worthily they have begun , and what great things they have effected above all expectation , we have no cause to mis-doubt them , nor to anticipate their honourable proceedings , but rather to attend what shall be determined by them ; especially considering that wee of this place , as wee have not beene much burthened , except by some ministers ; so now we are altogether unburthened of the ceremonies , and whatsoever else hath usually beene offensive to good christians in england . for if we should set up a new government or discipline and forme of religion here , wee must alter it againe when wee understand out of england what forme the parliament have or shall establish : some say no , our ministers are as supreame heads under christ of their severall churches here , and not subordinate in these things ecclesiasticall , to parliament or any other power upon earth whatsoever : but this opinion savors too much of antichristian pride and presumption . others say , the parliament will establish the same forme that our ministers will set up here ; but these conjectures doe much wrong that honourable assembly ; for if the matter were so easie and evident , that our ministers here can presently determine it ; then what need the parliament so long to debate and consider of it ? what need such consultation with the ablest divines in england , and many other from all parts ? and why hath there beene such difference of opinions touching this matter even amongst the most godly and learned in christendome for these years together . i remaines therefore , that wee must change againe when we heare from thence , and considering what changes have beene made by some already , if we should now make another change in setting up a new discipline , and shortly after another when we heare out of england ; such mutability would neither be safe for this place , not suteable to the stedfastnesse of the church and people of god , which is the pillar and ground of truth , and must not be wavering , and carried about with every winde of doctrine &c. the apostle makes it a signe of a double minded man to be unstable in all his wayes : and in the epistle to the hebrewes ; be not carried about with divers and strange doctrines &c. and the prophet saith , why runnest thou about so much to change thy wayes ? it will be answered , we intend not to change , but to the better ; but withall remember , that such is alwayes the pretence , and oft-times the intent in all innovations whatsoever . therefore solomon saith , my sonne feare god and the king , and meddle not with them that are given to change . not but that even the best christians may al●er sometimes in some circumstances of religion ( some good and weighty causes requiring it ) but it must not be through levity , nor of an high minde , nor for selfe ends . a restlesse levity , and that with contempt of authority , under pretence of greater and new lights , is a dangerous signe of an anabaptisticall spirit . therefore i say , what we change , ought to be done with the feare of god and the king. in the feare of god , namely according to his word ; and with the feare of the king , that is , consenting with the lawes and soveraigne authority set over us ; or at least not with an high hand in contempt thereof ; for every soule must be subject to the higher powers ; yea saith chrysostome , though he be an apostle , though an evangelist , though a prophet . therefore i could wish ( as i have often perswaded ) that wee might stay for the determination of the parliament in these things , and likewise the approbation of the company in those that concern● them . but because some here are very impetuous , and a further change is daily preached and pressed amongst us , i have little hope to stop the violence of this streame . therefore to the intent we may understand and consider what to doe , and ( as the saying is ) look before we leap , i should in the next place desire , as many others doe , and as it concerns us all to desire of them , and of our ministers especially , that they would be pleased to set down in writing , whatsoever new thing in doctrine or discipline they would have us entertaine , different from the practice or tenents of the church of england ; that so each thing being well considered , examined , and adjudged by the word of god , we may entertaine or reject it accordingly . i know there are sundry objections alleadged and pretended , more then i need to repeat or answer here ; for howsoever it is true that we are to submit our selves to the word of god , i meane the holy scriptures in all things ; yet not so to men , especially when they seek themselves in stead of christ : no though they tell us , they are the mouth of god , and sit in moses chaire ; and therefore must be heard and obeyed ; and that the government of the church belongeth to them next under christ , and that even caiaphas , though a persecutor of christ . yet when he had the place of high-priest he prophesied the truth . and though they tell us we must not strive with the priest , nor reprove our r●prover ; and though they accuse us to have rejected and opposed more good ministers then any other like place professing christianity ( of which there is no shew of truth i know ) and that they which rebell against the ministers , cannot be under the government of christ , with many heavy threats against such : and though they threaten to leave us destitute of the word of god , if we make any resistance ; and though it be often alleadged , that we have rare and reverend ministers , endued with new light , and that so great , as the like hath scarce beene since the apostles times ; nay i have heard some , and those of note , preferre it before that of the apostles , at least in some things . and further , that all foure of our ministers concluded of a new discipline , and new courses of edification , whereof two being gone into england to agitate the businesse there with their friends , and in parliament : god hath sent another from providence almost miraculously , who was not of their counsell , and yet doth approve of all their proceedings , and as earnestly presse them as the rest . besides ( say they ) all the chiefe professours in the countrey are for the same ; yea the chiefe authority in the island , next the governour . so that all things thus concurring , shewes ( say they ) that there is an extraordinary hand of god in the effecting of it ; and therefore wee ought quietly to yeeld our selves to them , least wee resist even god himselfe . these ( i say ) and other the like arguments in this case , however they may prevaile much with some that have other foundation for their religion besides the scriptures ; yet to an understanding man they will easily appeare to be of small value , as would be more evident in answering them particularly , which i shall readily doe if it bee needfull . but having no purpose here to dispute , but rather to invite to a cessation from these occasions of strife and controversie , or at least wise to a due consideration of what we doe ; i shall only answer in generall . it is a saying of divines agreeable also to the experience of good christians , that satan never tempts more dangerously whether by himselfe or others , then when he doth most perswade us not to resist his temptations , but to yeeld our selves to them ; and even the lord himselfe doth sometimes prove his church and people , whether they will cleave unto him ( that is hold fast to his word ) or unto other lords , other lights , other spirits besides his , as deuter. . . and so the apostle foretelleth , there should be schismes , and heresies in the church , as , for there must be heresies even among you , that they which are approved amongst you might be knowne . and so , but there were false prophets also among the people , even as there shall be false teachers among you . therefore we must not take up our religion upon the credit of men , how great soever they may seeme to be , but examine things by the word of god , and see that it be firmly grounded there . to the law and to the testimony , if they speak not according to this word , it is because there is no light in them . therefore they must prove by the word of god ( not by outward signes and wonders ) the things they teach , and would have practised . and first let us know them fully , and with those noble bereans , search the scriptures , and examine them throughly before we entertaine them . they tell us daily of a greater light , whereby they discerne these things , and other great and glorious things that are working and already begun in the world within these three yeares , and will shortly be accomplished , even so great and so excellent a change in the world as may seeme to be a heaven upon earth ; the lord grant it , and hasten it ; but withall let us desire and expect these things with sobriety and watchfulnesse , lest whilst our eyes be taken up and dazzled with a present expectation of these high and glorious things , we see not the danger that is at our feet , but be caught in the snare before we be aware , remembring the words of our saviour in this case , when his disciples asked him saying , lord wilt thou at this time restore the kingdome to israel , he answered , it is not for you to know the times or the seasons , which the father hath put in his own power . i have read in some history of the west-indies , that about yeares since or more , the iland vianis ( which some of our men are now gone to discover ) and all those ilands thereabout were inhabited by certain indians , which for ingenuity and feature surpassed many others ; these held the immortality of the soule , and thought that when it departed the body , it went to a kinde of purgatory , which they supposed to be the cold northern mountaines congealed with frost and snow ; where after it was sufficiently purged , it went from thence into countreys more southerly , and there abode for ever , enjoyning a thousand delights and pleasures . the spaniards having knowledge of this opinion of theirs , and wanting men to work in their gold mines , came thither with ships from hispaniola or cuba ( which are to the southward ) and making some goodly shew , told these silly indians that they were come from the southern parts , places of great felicity , where the soules of all their ancestors and friends departed were in all joy and happinesse ; and they were now come to transport them immediately thither , that they might never come at all into that purgatory in the northren parts : these simple people being dazelled with the conceit and imagination of these things , could not forethink their danger at hand , but came flocking to the spaniards in great numbers ; who when they saw their opportunity set saile , and carryed them thence to their gold mines , where they were soone consumed with grievous service and slavery . in like sort it concernes us not to be so much transported with any glorious pretences of some great temporall freedome and felicity at hand , as to be drawne in any sort from the church of england , especially as it is now reformed and in reforming , but to know fully of those that would draw us whither they would have us goe , and upon what grounds , that so we may search the scriptures , and throughly examine those grounds thereby . god hath delivered our nation ( as many others in christendom ) from under the bondage of the great antichrist , we have not prized this deliverance , nor made that use of this liberty , nor those many mercies and blessings accompanying it that we ought . and considering our great abuse of gods favours , and in particular the sinnes of this place in all sorts , magistrates , ministers and people , and especially the evident unsoundnesse of those that are professors here : it were just with god whilst we look for light to send us darknesse , and whilst we propose to our selves the speedy ruine of antichrist , great freedome and glorious times ( all which the lord can effect in his due time ) wee fall our selves into another servitude and bondage perhaps as grievous as the former , under petty antichrists . for if that grand antichrist come down ( as we have good hope ) and a company of clergy-men should arise ( whether ministers , or who else ) that should as it were divide his kingdome among them , by assuming every one to himselfe such a like power over his church , or the people committed to his charge as the grand antichrist usurped over the catholique church , and that as he did lure divino ( which they pretend ) surely they would become so many petty antichrists , and the church should be brought into servitude and thraldome as before . and indeed , as the errour to which the iewes were most inclined in generall , was to set up other gods , that is false gods , attributing something to them which was proper to the true god : so the errour to which christians in generall are most inclined , is to set up false christs ; that is antichrists of the clergy , attributing something to them that is peculiar to christ himselfe , or to his church , which is christ mysticall ; as was foretold by the apostles , and is evident by the experience of all ages since christ : and of which our saviour himself seems to give warning , when he saith ; for there shal arise false christs and false prophets , and shall shew great signes and wonders , so that if it were possible , they should deceive the very elect. and by such meanes , even the pope himselfe and all his clergy had their first rising , having the suffrages and helpe of some that seemed otherwise to be good christians . it behoves us therefore to be earnest with god in prayer , to walk more worthy of his grace , and the light of the gospel vouchsafed unto us , least he send us strong delusions ; to be sober minded and watchfull , remembring there will bee alwayes some antichrists , and that the church and people of god is never like to be free from persecution , affliction , and temptation in this world ; and that we shall never have such ministers , whom we may absolutely trust to for our religion ( as some here professe to doe . ) calvin in his preface to psychopannychia , hath those words , is this to learn christ , when a man shall apply his eare to any doctrines ; yea , though they bee true without the word of god ? if thou receive it as from man , wilt thou not as easily entertaine lies ? for what hath a man that is his own but vanity ? therefore we must alwayes have the loynes of our minds girded and our lamps burning , and stand upon our guard our selves : and so follow men ( even the apostles themselves ) as they follow christ . the apostle speaking of ministers saith , let 〈◊〉 man at his pleasure beare 〈◊〉 over you by humblenesse of mind● — advancing himselfe in those things which he never saw ( but are of his own devising ) rashly puft up with his fleshly minde . and in another place , believe not every spirit , but try the spirits whether they are of god : and for trying the spirits , we must follow the rule of our saviour , who saith , beware of false prophets which come to you in sheeps c●oathing , but inwardly they are ravening woolves , yee shall know them by their fruits , &c. and their fruits are their conversation and doctrine : but the conversation of themselves and their adherents , being a thing more personall , and so apt to stirre up offence ( which i would avoid so much as i may ) i forebeare to prosecute . their doctrine then we must examine by the rule of gods word ; which that we may the better doe being a matter that so much concerns us , we should desire as i have before said , we might have the particulars wherein they differ from the publike doctrine and practise of the church of england set down in writing . this if they be not able , or shall disdaine to doe , as not accounting us worthy for whom they should doe it , they must not be offended , nor complaine of us that we are opposers in this matter of the kingdome of christ , and will not be ruled by them in the course of their ministry ; for what discretion were it , to follow strangers we know not whither ? it s like they will say , they are no strangers , they have lived long here . but as we know one of them came by an accident very lately ; the other two though they have been long among us , yet they are in a manner strangers to us , for they are not the same men that formerly they were , having changed their opinions and practises in many things that we know , and it is like in many other things that we know not , and how farre they will proceed , and where they will make a stand wee know not , nor it may be they themselves . if they shall say ( as some pretend ) that the government and discipline which they would have us entertaine , is of it selfe evident by the word of god , to every one whose eyes are not blinded by the god of this world , & that they have declared it already in their sermons , especially in their weekly lectures , which it seemes they have instituted for that purpose : as hee that preached the third lecture seemed to intimate , when speaking of this intended church and discipline , he said , his first reverend brother had laid the foundation , his second reverend brother had shewed what must be the materials of this building , namely , such and onely such as could bring good testimony of their conversion and holy conversation : and he was now to shew the forme and order to bee observed in every particular church , and how each one was to be superiour or subordinate to others ( though he did not this at that time so farre as i understood . ) the same things or to the same purpose were againe repeated in the fourth lecture . but i say , all this notwithstanding , the things are of themselves obscure and doubtfull ; which doubts they have not taken away , but rather encreased . some of which doubts amongst many , i will here set down , not raised from speculations of things afarre off , and not like to trouble us , but such as arise from that which is frequently preached and pressed or practised amongst us . in which though i endeavour to understand things in the best sence , yet because they expresse not themselves plainely , i may mistake their meaning in some things , and therefore also doe the rather desire they would fully and plainly expresse their intent in writing : as one that am ready to joyn in whatsoever i understand , to tend truly and indeed to the advancement of the kingdome , and government iesus of christ , but would not be missed by the devices of men , under this or any other pretence whatsoever . . whether they meane to set ut vestries againe , for every tribe as formerly they have done , and so to govern the severall parts of their charge by severall ve●●ries of a douzen men in each vestry ▪ whereof the minister to be the chiefe ; and so to enquire , heare , and present offenders as heretofore ? . whether they meane to continue those weekly meetings which they call l●blolly feasts , whereof also the minister is the chiefe ; and what persons shall bee admitted to them , and upon what termes ? . whether they meane to continue that lordly or masterly practise of universall catechising all men and women weekly , begun here almost two yeares past , and pressed upon all with great vehemency ; and that all shall still be tied to answer according to that catechise of mr oxenbridges , called babes milke , or some other ? these three practises as they have been used here , being as i conceived their own inventions , and not grounded on the word of god , nor the examples of the primitive or other reformed churches , nor on the lawes of our land , but pressed upon us meerely by their own authority , i did in some sort oppose at their first comming up ; namely , by testifying both privately and publikely my dislike of them , and the reasons why : but especially the last more at large , whereunto i was moved by mr iohn oxenbridge , who took upon him to write a defence of this practise of universall catechising all men and women , and of true beleevers in speciall ; and to answer the objections which i had made against it . but what he hath performed , and how well beseeming his worth and reputation , i leave to the j●dgemnt of such as have or shall peruse my confutation of that his defence and answer , where i have put them together : touching these three practises , i should move sundry questions , but that it seemes they are all laid down of late , and as it is thought will not be taken up againe , therefore we shall passe them over , that we may come to those new things which they urge now . . whether this discipline and forme of religion , which they would set up , be the same in all points of moment with any other reformed church whatsoever , except perhaps in providence , where it had no such successe as should induce us to embrace it . if they say , yes , in new-england , we are very doubtfull of that , ( not knowing certainely what is practised there ) the rather for that some have endeavoured to establish universall catechising here upon that ground saying , it was generally used there , which appears not to be true : besides , if such a discipline be there , it is no leading example to us , partly because they have had no long experience of it , and partly because there may be much difference between the people there and here ; for if all magistrates , ministers and people were eminent in piety , we need not much care what government were used , no , though it were wholy arbitrary , for none would injure another ( and to this condition the churches in the apostles times seeme nearest to ●pproach . ) but here where it is farre otherwise , and in other places in generall , men must be wary what discipline and government they set up , presupposing it must come into evill mens hands as well as good , yea , and that more often . . whether this discipline be fully set down by any sound divine , and not rather framed by themselves , borrowing from severall churches , and severall divines , what will best serve their turne ? and whether our three ministers agree in all points touching the discipline they would have us embrace ? . what severall offices , and how many officers shall be in every church , and how subordinate one to another ? and whether the minister shall not be the chiefe of those officers , or as it were the supreme moderator or governour of them all , without whom nothing shall bee established , and also to have the principall hand in putting in and putting out these officers ? for so they seeme to intimate . . whether this minister and his officers will govern and censure the rest according to some lawes or in an arbitrary way ? and if in an arbitrary way , to whom shall they appeale if they have wrong ? and who shall question and judge the minister if he decline from the truth , or be a wicked liver ? and whether this bee not like to prove a very tyrannicall government if it come into evill hands , which must be presupposed ? . if they will govern and judge according to some lawes ; what be those lawes ? whether some already extant , or some others which they will frame , and who they be that shall frame these lawes ? and what shall be the severall penalties or censures for delinquents ? . what tryall ( in things of importance ) the party accused shall be allowed ? the common law of england ( to avoyd tyranny and injustice , to which the corrupted nature of man is much inclined , and even of clergy men as well as others ) allowes a tryall by indifferent men , which are honest and free men , of good ranke , having no dependance , nor are in feare of the iudge , nor beare no ill will to the party accused , but such as are like to deale impartially , and that upon oath . whether he shall have that or some other so faire a tryall ? . what things they be which they will undertake to judge of ? and whether any thing shall bee wholy reserved to the judgement of the civill magistrate ? or whether the party offending , or the matter in controversie , shall be punished or judged of both , namely , by the civill magistrate , and also by th●se ecclesiasticall iudges ? . if they say they will judge only of ecclesiasticall matters , what are those matters ecclesiasticall , and how exempted from the jurisdiction and authority of the christian magistrate ? for the pope and bishop obtained of kings that sundry things might bee called ecclesiasticall , and so belong to their spirituall courts ( as they call them ) which are no more ecclesiasticall then other matters which belong not to them . whether these ministers and other officers shall be judged by the christian magistrate in all things as other men ? or how farre forth they shall bee under his jurisdiction and authority , and how farre forth exempted ? from what places of scripture is such a form of government deduced , justified , or allowed ? who shall be the other members constituting these intended churches , and who shall be excluded from them ? to this all or some of them at least seem to answer expresly , that they shall consist only of such as are truly regenerate , and can bring sufficient testimony of their conversion and holy conversation ; and all others shall be excluded as heathens , cananites , publicans , &c. and seeing they have said sometimes , and will , i suppose , grant , that not one fourth part , nor it may be , one tenth part of the people here or in england , are able to bring such sufficient testimony of their true conversion and holy conversation , and thereupon shall be excluded christian society , and reputed as aforesaid , whether this will not breed a most dangerous division between church and common wealth , threatning the ruine of both ? . i suppose they cannot but be sensible in part , and foresee the desperate issues of such a separation ; and therfore it would in the next place be known , whether they intend not to salve it by some politick course , contrary to these principles , and what good policy can be used to this purpose ? for mine own part , i can think of none ; for either they must frame religion to the people as the popes and romish clergy did heretofore , making it suteable to the dispositions of most men ; or else ( which is more usuall ) feign a people to religion ; admitting and accounting whom they lift through partiality , favour , and sinister respects , to be truly religious , though they be not , and so receiving them into the church as true converts , though they can bring no good testimony of their conversion and conversation . this policy ( i confesse ) may have faire pretences , and would advance them highly above all men ; as they which opening , no man can shut ; and shutting , no man can open ; this would set them a● gods in the temple of god , the church , and bring them in infinite gaines . but it would set up many antichrists , as busie , violent , and rigorous within the small spheare of their activity , as the great antichrist hath been in his : it would turne religion into policy , making it serve for humane purposes . the faith of our glorious lord jesus christ should be had in respect of persons ; it would prove a tyrannicall usurpation over the true church , as the popish policy hath done ; for which , as for sundry other reasons that might be alleadged ( if it were not palpably wicked ) it ought not to be suffered . . whether there be any place of scripture to justifie such a separation as is afore mentioned ? they say , yes ; because john the baptist said to the scribes and pharisees , o generation of vipers , who hath forewarned you to fire from the wrath to come ? therefore a minister may keep out of the church such as cannot bring testimony of their true conversion and holy conversation ; this and other like reasons they alleadge , which are so insufficient , that they need no answer , especially having no purpose , as i have said , to dispute here . but a matter of so great consequence ought to be clearly and foundly proved ; which doubtlesse they can never doe . . what times they were wherein the church did thus separate from it selfe all that could not bring sufficient testimony of their conversion and holy conversation ? because they say , in former times it was the usuall practice of the church , but shew not in what times , nor where , nor for what causes . there is no doubt but those that live or fall into grosse or manifest sins , may be separated or excluded ; also in times of persecution they would no doubt be very wary what strangers they did admit into the church ; but that 's not the thing in question . . many other doubts in this matter they leave untouched or uncleared ; as . whether infants shall be received into the church by baptism before they can bring this testimony ? . whether those that have been baptized without such testimon● , have been rightly entred into the church , or shall need to be baptized againe ? such a rumour there is spread , upon what occasion i know not . . what manner of testimony this must be ? . who must give it , and whether a man 's own testimony may not serve in this case , and when ? &c. these and many other like should be cleared , which we passe over . . whether they meane , that any man may of himselfe excommunicate another , when they say frequently , a man may , or i would passe a private excommunication against such or such a man ? . what they meane to alter in the administration of the sacraments ? i heare there is much variety of late . the last child which i saw baptized , the minister required the father to say his creed , which done , the minister made an exposition of it , making some doubt also of some part of it , and then asked the father if he would have his child baptized into that faith , who answering , yea , it was baptized ; and thus i heare he useth of late to baptize others . now it would be knowne , why it may not serve the turne for the father to testifie his assent to the articles of the creed &c. as heretofore hath been used ? . whether the child and parent also may not be very uncertaine of the faith into which the child was baptized ▪ seeing the ministers exposition is not recorded ? . whether they have the same opinion of the creed that they seeme to have of the scriptures , that it may not bee publikely read or repeated unlesse it be also expounded by a minister , and why ? . whether this tying of the baptism to the ministers exposition , may not serve as a fit opportunity for hereticks ( not yet discovered ) to baptize children into their heresie ? . whether the scriptures be not the word of god , able to make a man wise unto salvation , except only then , when they are pronounced and expounded by a minister ? and whether the places of scripture that we ( which are no ministers ) alledge in any case , be not also the word of god , as true and of as much sorce as if they were pronounced by a minister ? . whether the writings of eminent and approved divines may not be read in the church , when there is no sermon ? nay whether they may not prove more profitable then the sermons of some schismaticall or other unworthy ministers ? whether our english common prayer ( having never yet been called in ) may not be read in the church , such things being altered or left out as have bin doubtfull or offensive to good christians ? or whether it is so faulty that it may not bee used at all ? because they will not suffer it to bee read at all where they preach ; and as i heare , intend to abolish the reading of it quite . whether they will permit any other book of common prayer used in any other reformed church , or some other that may be framed , or that no set form at all may be used but such prayers only as the minister doth then conceive , nor any thing read , no not out of the scriptures , but what the minister doth then expound ? how long it is they mean when they say a few dayes , that they would have men that would be converted or receive a further degree of grace to exercise themselves in humiliation , before they shall partake of those enlightnings and comforts they speak of ? and after what manner this is to be done , and from what ground of scripture ? what covenant it is which they perswade so much all the members of this church to enter into at their admittance ( and which as is thought is already begunne ) whereby they must bee bound one to another ? and how farre forth they must assist and defend one another ? what are the particular parts and circumstances of this covenant , and how it shall be confirmed , whether by subscription or by some solemn vow ? whether he which hath entred this covenant , shall still remayn as hee was , a true member of the church and common wealth of england , or be of some other reformed church , or of some separate & independent church ? we grant there is often mention in scriptures of a covenant betwixt god and the people , &c. but whether there may be any warrant in scripture for such a covenant between all the members of this church , as they would have ? they alleadge for it these words , and when paul was come to jerusalem , h● assayed to joyn himself with the disciples : where say some , the word joyn that is in the originall 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , signifies a joyning by covenant ; but i finde no such thing in my lexicon . i finde the like word used where it is said , then the spirit said unto phillip , go near and joyn thy self to yonder chariot ; where , by joyning is meant no covenant . other places they alleadge , but we would see some to the purpose if they have any . whether it bee not injurious to the honourable assembly of parliament , to pretend such innovations or changes to be according to their minde , which they have never authorized , nor declared themselves to have any purpose to authorize or allow ? many other doubts i have omitted , but by these which i have noted , is may sufficiently appeare , that though they have long preached of these matters , yet many things remaine very uncertaine . and if they would take the paines to set downe in writing , as aforesaid , all parts of their intended discipline and government , it would be very profitable to themselves ; for it would give them occasion more throughly to consider it , and more wisely to order it . is there cause then that they should bee so incensed against those that make question of these things in a moderate and christian way ? or whom they feare will oppose any of them , as to threaten them with the judgments of this life , and of the life to come ; yea , to assigne them the lowest places in hell , as if themselves were well acquainted , and had such power in disposing places there , as the pope pretends to have in purgatory ? surely we learne in our first entrance into learning , qui dubitat , qui saepe rogat , mea dicta tenebit ; is qui nil dubitat , nil capit inde boni . is it just or reasonable they should accuse , censure , and defame such an one publikely in the pulpit , where the party accused cannot , without offending the congregation , and the lawes , answer for himselfe , though he be innocent ? surely in all equity the accusation , especially of one that is innocent , ought not to be more publike then his defence or answer is permitted to be . is it suteable to christian charity to use heavy imprecations or cursings against such , and when the hand of god is upon such a man in any affliction , as sicknesse losses , death , or the like ; to set him out in the congregation by evident and well known circumstances , as an adversary to god , and as one whom god was now smiting to destruction for his opposition and obstinacy against the kingdom and government of christ ( as they call this their intended discipline . ) doubtlesse it behoves ministers to have some feare of god , and respect of man , and to lay aside these carnall weapons , whereby they would affright and terrifie us , that wee should not dare to quitch nor make the least resistance , whilst in the meane time they set up themselves as lords over us in their intended discipline , calling it the kingdom and govenment of christ ; but if they would indeed set up the kingdome of christ , let them take the sword of the spirit , which is the word of god , and make good what they deliver , by that . and for us ( as many i meane as have care of the preservation of true religion ) let us hold fast to the word of god , and not be discouraged ; nor let that goe , though they upbraid us in a scoffing manner , saying , come you scripturian● , you scripture-men that must have scripture for what you will doe ; come , i will give you scripture enough to overthrow your religion , turne to ezekiel &c. these and many other such speeches , what else doe they rellish but of a spirit of the old antichrist , which being now more discovered and expelled from his former habitation , walks about through dry places , seeking himselfe an habitation in some other persons and places , where in a new disguise he may practise his wonted malice undiscovered . let us stand fast in the liberty wherewith christ ha●h made us free , and not be drawne from the church of england , which we know , to joyne our selves with any new separate and independent church which we know not ; although we heare many contumelious and reproachfull speeches uttered against the church of england . they ought to be better affected , and to give that honour which is due , as they which have sucked her breasts , and received as their naturall , so their spirituall birth there , if ever they were new born . we ought to acknowledge , with thanksgiving the aboundant grace and mercy of god towards the church of england ; who hath made it no lesse honourable then any other reformed church whatsoever , whether we consider the first reformers , being men of fingular piety , and blessed martyrs of christ ; or the purity of doctrine there publikely professed even to this present . or the number of holy martyrs , who have advisedly sealed that doctrine with their blood : or the eminent lights in the ministry successively shining there in great number : or the many and sincere professors and practisers of religon there , ever since the reformation ; or lastly , if we consider the many great deliverances which the lord hath vouchsafed us , from the wicked plots and hostile attempts of the common adversary , crowning all with much prosperity , and causing the fame and glory of it to be spread throughout the world . these and the like have not been seene in their separate and independent churches . in the meane time , we deny not , but that besides our many other grievous sinnes , there have beene also many grosse faults and intollerable in the ecclesiasticall policy and discipline , as it was abused by those that were intrusted with it , and many foule effects have thence proceeded , which have ( especially of late yeares ) corrupted religion , eclipsed our glory , and laid it in the dust , caused the lord to hide his gracious and loving countenance from us : and was like to have proved the remedilesse ruine of church and common-wealth : of which sinnes though wee all stand guilty before god , as having been authors or procurers of them ; yet it becomes not any , that is , or lately was a member of that church , to upbraid her with these things in a despightfull manner : such men according to that saying of the apostle , are jealous over us amisse , yea , they would ( alienate our affections , and ) exclude us ( from the church of england ) that we should altogether love them . but these corruptions as they have beene for the most part forced upon the church , by the usurped power of those which were intrusted , and pretended the greatest care of the church ; so they have been , and wee trust will bee cast out and reformed by the present parliament . now i would not be mistaken , as if i desired to derogate any thing from the dignity of that most eminent calling of the ministry ; i have no such meaning , neither doe i think a worthy minister to be unworthy or unfit for other the most eminent offices or callings in church or common-wealth , were it not that he hath a most eminent calling already sufficient to take up the whole man , and unmeet to be yoaked with other callings , as the apostle saith , who is sufficient for these things ; and the apostles doe reject such employments with a kinde of contempt saying , it is not meat that we should leave the word of god to serve tables , and a little after , we will give our selves continually to prayer , and to the ministry of the word , intimating that these things would hinder them from prayer and the ministry of the word ; whereby it appeares , they would not be deacons , nor take upon them any other office in or over the church , but spend themselves wholly in the word and prayer ; the like might be manifested by sundry other scriptures . and the evill of it hath beene so generally observed in england , that ( as i heard ) queene elizabeth , when she had conferred upon a minister authority and power to rule , was wont to say , i have spoyled a good preacher to day . and surely ( if we observe it ) the desire of superiority and dominion in or over the church , in ministers and clergy men , and the readinesse of princes and people to conferre it upon them ; hath been a principall , if not the principall cause in corrupting religion from time to time , and of setting up the great antichrist , and many others , as might easily be shewed if it were not an argument too long for this place . thus farre ( through the gracious assistance of god ) i have expressed my minde in this matter , to the intent i might stop , so much as in me lies , the setting up of a new discipline and government of our owne framing , seeing we are already freed of all those things that have usually beene burthensome and offensive to good christians in england ; and that we expect daily the further determination and decree of the honourable assembly of parliament in these things , or if i cannot prevaile so farre as to stop it , yet that wee might look before we leap , and understand well what we doe before we doe it . or if neither that may be obtained , yet hence it will appeare , that my selfe and some others deserve no blame , much lesse such evill speeches as are usually vented against us by some , because we will not rashly runne with them we know not whether . and lastly , i desire that this may be a publike testimony of my judgement in these things . for to be present , and heare them daily pressed , and to bee alwayes silent , is taken for a signe of consent and approbation . march . . rich. norwood . postscript . since this advertisement of mine came abroad ( though but a month , ) what horrible forespeakings , threatnings , imprecations , and censures have beene publikely denounced against me in severall parts of the countrey , i shall not need to repeat , being too well knowne . neither will i answer them accordingly lest i also be like them ; i will only in the feare of god , and by the comfortable assistance of his holy spirit apply that saying , how should they curse where god hath not cursed ? or how should they detest where the lord hath not detested ? and those words of david , it may be that the lord will look on mine affliction , and doe me good for his cursing this day . a desperate thing it is for men to blaspheme against some good light ; and what is it , to acknowledge the good gifts and graces of god in those which they so bitterly preach against ; and to overwhelm them all with most foule and feigned susspicions and aspersions without cause ? as when they say , satan will not use profane and wicked men , but he makes choise of those that are of good and able parts , men of a religious life , of a blamelesse conversation ; these close hypocrites he makes his instruments to oppose the kingdom of christ ( that is their intended discipline ) &c. with other like speeches . i say it is very dangerous for men thus to give way to wrath and malice . the scribes and pharisces did see , and would no doubt have acknowledged the eminent gifts and graces that shined in our saviour , if he would have applied them to the establishing of their faction . but because he would not doe so , they maliciously traduced him , and said he had an uncleane spirit ; but he reproves their desperate wickednesse , shewing how nearly they did approach , or became guilty of the sinne against the holy ghost . and let every man take heed how they doe cunningly fasten slanders , or otherwise shew despight unto the spirit of grace , because it will not be subordinate unto their ends . i could wish also they would consider the words of marsilius patavinus , in his book entituled , defender of the peace , where speaking of those that presume to frame or presse orders , decrees , and other parts of discipline , without license of the true law-giver or prince , and endeavour to draw people to the observation of them by surreptitious words , as it were compelling them by threatning eternall damnation to such as transgresse them , or denouncing execrations , reproachfull speeches , excommunications , slanders , revilings , or other maledictions against them , or any of them , in word or writing ; such ( saith he ) are to suffer corporall punishment in a most high degree , as conspirators , and stirrers up of civill schisme , or division in a common-wealth . for it is saith he , a most grievous kinde of treason , because it is committed directly against the royall majesty of the prince and his soveraigne authority ; and tendeth to set up a plurality of supreame authorities or powers , and so of necessity to the dissolution or overthrow of every civill government . they object also , that i am but a lay-man , and therefore should not meddle with matters of divinity , applying that proverb ne sutor ultra crepidam , and saying , that even the sunne , moone , and starres , wherein he hath skill , should teach him that lesson , which alwayes move in their owne spheares , except they be wandring starres , for whom the blacknesse of darknesse is reserved for ever , with many other bitter expressions . but this is an old plea of the popish clergy , to hold the people in ignorance and thraldome , and should not be taken up by those that would seeme to be more opposite to popery then protestants are . that eminent and blessed divine doctor sibbes was of another minde , who speaking in commendation of mr sherland ( that was no preacher ) disdaines not to say he had good skill in controverted points of divinity , and that he was a good divine . and surely the calling of a christian is of that importance , that he must , if need so require , omit whatsoever calling he have besides , to make good that one most necessary , neither can he justly be charged to move out of his spheare whensoever he meddles with matters of christianity and religion , especially such points as he is pressed to embrace and submit unto . the apostle exhorts us all , that wee should earnestly contend for the faith which was once delivered unto the saints . and i may fitly answer them in the words of that renouned souldier of christ doctor bastwick who being checked by the bishop of canterbury in like sort as i am by these , that he being a physitian , a lay-man , should presume to write of some points in divinity , answers in latine , to this purpose in english . i writ a book ( saith he ) not to finde my selfe employment or to stirre up strife , but of a christian minde and affection , according to my duty to god and my prince . the reproach of a lay-man toucheth not me , for he which hath vowed himselfe to christ is one of gods clergy . the ancient church doth not acknowledge that surname of a lay-man , but reckons it among the soloecismes of the beast . we have given , promised , and vowed unto christ in baptisme our name and faith ; and have solemnly denounced battell against the flesh , the world , the devill , herefie &c. against which wee must fight unlesse wee put off the reverence and respect of our vow . how unseasonable is it then to ask by what authority we fight against these ? ( and a little after ) shall that be a fault in me , which is a praise to divines ? they exercise physick , grazing , merchantdize , they husband their grounds , plant , gather in their fruits , they all may doe all things , i envy not ; yet i wonder we should be so streightned , whilst they have such liberty . but if some blunt fellow should ask a divine , hear'st thou good man , what hast thou to doe with the court , with privy councell , with seats of judgement ? what hast thou to doe with renting lands , with planting vineyards , with breeding cattell , with money the provocation of all evills ? would he not check such a bold question with some sharp answer ? yes doubtlesse he would . what then should we doe when we are asked , what wee have to doe with god , with christ , with religion , with the truth ? we will laugh to scorne such envious questions , and performe with diligence what god calls us to . wee will endeavour with all chearfulnesse the defence of the truth , the conservation of religion ▪ the observation of our fidelity and allegiance to that soveraigne authority which is over us ; rendring an account of our endeavours to him , to whom wee have vowed our selves &c. he that desires to see his defence more at large , may peruse his apology to the english prelates . now i beseeth you brethren , mark them diligently which cause division and offences contrary to the doctrine which yee have learned , and avoid them . . for they that are such serve not the lord iesus christ , but their own● bellies ; and with faire speech and flattering , deceive the hearts of the simple . march . . finis . notes, typically marginal, from the original text notes for div a -e a psal . . . b exod , . . acts . . c pet. . . d thes . . . e pet. . . rom. . f mar. . . g jer. . . k martins eccho . p. . . the nativity of sir iohn presbyter , p. . . . ● . note . n cor. . . . tim. . , . * which they used in new port pa●●ell , ( contrary to the governours command . a sl●idan , com. l. . . gastius , de anabaptist : erroribus . bullinger advers . anabaptist . guil. de bres c●ntr . les anabap●●stes . d. featlies dippers dipt , p. . , &c the history of the anabaptists . object . answ . * psal . . . isa . . . jer. ● . ● . ▪ * see . h. . c. . * psal . . . notes for div a -e gen. . , , . tim. . . jude . james . * pray god you prove so . . libellous seditious passages against the ordinances in regulating printing . b neither i nor the black-coats , but the parliament , were the sole authors of these ordinances . * and therefore you who have abused your pen , as much as any man. c you would say illaffected , as your libels against their power , ordinances , and proceedings evidence d so it is in an orderly & regular , though not in a libellous & seditious way . e liberty to print libels , standers , invectives against parliamentary proceedings , is not the subjects liberty or priviledge but his claim and shame . f your libels , carriages proclaim them such . g impious , & seditious , if you will not pious . h rather a diab●licall libell against it . i not to print modest and sober trea●ies , but seditious libels , 〈◊〉 , blasphemy . k it was a parliamentary ordinance of both houses not made by presbiterians . l it seems th●● libeller denies the soules immortality , and writes as it there were no heaven nor hell . libellous , seditious passages against the ordinance for tythes . n they were long before popery ; and being the ministers maintainance warranted not only by the law of nature , of nations , and the old testament , but by the new too , cor. . . to . o if you add , by vertue & in 〈◊〉 of the leviticall law to leviticall priests , your argument , might have some weight , but if by vertue of the fore-cited gospel texts , the law of the land & common equity to ministers of the gospel ( as now tyths are 〈◊〉 ) your 〈…〉 nonsense luke . . tim. . , 〈◊〉 . g●l . . . 〈…〉 . he should say 〈…〉 . p 〈…〉 q 〈…〉 . 〈◊〉 pet. . . 〈◊〉 . , . r james . . 〈…〉 . note . a most independ●nt false calumny . s a grosse scandall , they never de●●red , but to be moderately taxed in equa●ity with others : 〈…〉 their . 〈…〉 . 〈…〉 . t a very modest christian phrase . psal . . 〈…〉 well 〈…〉 kingdom 〈…〉 . x 〈…〉 . y 〈…〉 * and is it not much more so in independ . churches , where the minister in truth like a pope rules all the rest at his pleasure ? will admit none but those of his own faction . note note . note . note . note . note . note . master henry burton his vindication of the churches commonly called independent , p. . , . note . note . such were fit to make independant members . note note note note tim. . . * gal. . ● . note . note . note . * you mean and conclude ; erge , you must not obey them in pulling down popery , and setting up a presbyteri●ll government againstus now . * not so , but only in things simply civill , and directly against gods word . we must not obey them in things against gods word , but must obey them in all things not repugnant to it , is no contradiction . * no but when god commands us not to obey . * note , the parliament must have no more power then independents give , or mean to give them . * where any such are imposed on them by the parliament , they may passively disobey , not seditiously oppose ; but this is not our present case , but the quite contrary . * a presumptu●us censure of the vow and covenant , and parliaments pressing of it . * you devil-like omit out of the vow and covenant , according to gods word , &c. * a seditious quere to stir up the people against the parliament , and reseinds their acts. * glanvil . l. . p. . * you should rather say furious sectaries and anabaptistical independents . * your independent conventicles , admit of no appeal , and so are meerly arbitrary and tyrannicall * they may infall●bly expect it from your independent churches who claim by their own private usurped power , authority to exclude all from the sacraments , & their children from baptisme , and imprison all such who submit not to , or oppose their government upon just grounds of piety and policy . * your independent churches power , is such who admit of no appeal or superiour judicature , which presbyterians plead for . * against independents proceedings , admitting no appeals . * doth not your neck deserve to be broken at tiburn , for such seditious incitations to rebellion & mutiny against the parliament ? a loud lye . * why not the independents rather , who are guiltiest of the two , and boast so much of their number in the army , and good service in the wars . * a most false , seditious slander , the contrary being true , that presbyterian ministers pay greater taxes , according to their prop●rtion , then any other men , though many independents scape scotfree . * why may not presbyterians as justly exact tythes for their pains and maintenance , being due by law , as independent ministers both tythes and contributions too , independent officers , souldiers , pay ? * when all ministers are destroyed on both sides , independents lay-preachers , and sectaries will embrace peace , not before , b some think most money sticks in independents singers , who have beene most active in singering and disposing moneyes , of which some of them give very poore accounts . c some thinke independents have born two to one for the presbyterians considering their number . d it s such libellous firebrands as you that doe it . e a grosse scandall to the parliament , tending to mutiny . f this indeed is true of your independents wives , who marry ladyes and rich widdowes who go thus attyred . * this is true of your independent conventicles . * a most sedi 〈…〉 flander . * thes . . . * acts . . , , . acts . . , . . . acts . . neither of which texts warrant your practice of re-baptization of christians formerly baptized by others . * the dippe●s dip● . p. ▪ &c. notes for div a -e * this is the independents liberty of conscience where they have power in their hands . note * is this the liberty of conscience independents plead so much for ? let their own law there bee their iudge here . independents liberty and charity to their brethren . not note note their insolency against the power of parliaments . note note * a new independent king and pope . * independents true anabaptists . note this schismaticall practise . note . * this is the lordly anabaptisticall li●erty of conscience that independents grant to their orthodox brethren . * why should not independents hav● the like liberty of conscience as they grant their opposites ? note the manner of ga●hering independent churches and ordi●ation of their ministers . such are fit members for lawlesse independent churches . note this confederacy . * is this liberty of conscience or rather tyrannizing over mens consciences ? † this is independents charity and humility . note note independen●s atrogance and spirituall pride * independents blinde obedience as bad or worse then popish . * independents formerly as episcopall and ceremonious as presbyters . † spirituall pride if not papall . notes for div a -e 〈…〉 . 〈…〉 . prov. ● . . rom. . . note objections o arrogance● answer cor. . . pet. . ● act. . ● . act. ● . . matth. . . thes . . . luk. . . cor. . . col. . ● . ioh. . . mat. . ● . a man would think that seeing there are twelve lay-men ( a● they term them ) to one cleargy-man , be could not retaine his power ●ver them , but experience shewes the contrary , that if he be an active politition that hath authority on his side , and can make use of a popists princiciple which is in most men by nature , he may rule them almost as he list . iam , 〈◊〉 . ● tim. , . acts . . acts . . 〈◊〉 . . gal. . . gal. . . cor. . . act. . notes for div a -e numb . . . sam. . . rom. . . die martis, . junii, . a declaration of the lords and commons assembled in parliament, for making void a former declaration of the thirtieth of march concerning the army. england and wales. parliament. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) die martis, . junii, . a declaration of the lords and commons assembled in parliament, for making void a former declaration of the thirtieth of march concerning the army. england and wales. parliament. sheet ([ ] p.) printed for edward husband printer to the honorable house of commons, london : june [ ] imprint date from wing. expunges a parliamentary declaration of march against a petition from the army. ordered to be printed and published june ; signed: h: elsynge, cler. parl. d. com. with decorative border. reproduction of the original in the british library. eng england and wales. -- parliament -- early works to . great britain -- militia -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no die martis, . junii, . a declaration of the lords and commons assembled in parliament, for making void a former declaration of the thir england and wales. parliament. a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion die martis , . junii , . a declaration of the lords and commons assembled in parliament , for making void a former declaration of the thirtieth of march concerning the army . whereas the lords and commons did by a declaration of the thirtieth of march last declare their sence upon a petition , with the representation thereunto annexed ; and whereas they have been since informed , that the petitioners intended not thereby to give any offence to the parliament ; and calling to minde the great and eminent service done by the army to the parliament and kingdom : the lords and commons being tender of the honor of the said army , have thought fit to ordain and declare , and be it declared and ordained by the said lords and commons in the parliament of england assembled , and by the authority of the same , that the said former declaration of the thirtieth of march be razed and expunged out of the books of the said houses , and wholly taken away and made void ; and that no member of the said army shall receive any damage , prejudice or reproach for any thing in the said former declaration . ordered by the commons assembled in parliament , that this declaration be forthwith printed and published : h : elsynge , cler. parl. d. com. london , printed for edward husband printer to the honorable house of commons . june . the good old cause of england revived and asserted with proposals humbly tendered to the consideration of the parliament, in order to a setlement, security, and peace in this nation / by g.p. and divers other well affected persons. g. p. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing p ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing p estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the good old cause of england revived and asserted with proposals humbly tendered to the consideration of the parliament, in order to a setlement, security, and peace in this nation / by g.p. and divers other well affected persons. g. p. p. printed by thomas leach ..., london : . reproduction of original in the harvard university library. eng great britain -- history -- commonwealth and protectorate, - . great britain -- politics and government -- - . a r (wing p ). civilwar no the good old cause of england revived and asserted, vvith proposals humbly tendered to the consideration of the parliament; in order to a se g. p c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion the good old cause of england revived and asserted , with proposals humbly tendered to the consideration of the parliament ; in order to a setlement , security and peace in this nation . by g. p. and divers other well affected persons . london , printed by thomas leach at the faulcon in shoe-lane , . the good old cause of england revived , and asserted ; with proposals humbly tendered to the consideration of the parliament : in order to a setlement , security , and peace , in the nation , & c.. that the power of the former committees for removing malignants and delinquants , from offices of power and trust in the common-wealth , being many years since determined ; . many honest well-affected persons have been removed , and left out of authority . . divers malignants and ill-affected persons have crept into power , as judges , justices of the peace , commissioners of the monthly assessement , &c. by these means . . some by marriages and alliances . . others by the favour and countenance of eminent persons , in authority for private ends . . many have intruded and insinuated themselves into the society and fellowship , of the honest , godly congregations , and by their false and deceitful demeanors , have undiservedly acquired the good opinion and certificates of those godly , harmless people , who did not search into the bottom of their designs , nor discovered that ugly shape , covered with that outward vizard and meer formality of religion , denying the power thereof , the better to conceal their evil purposes . and by these wyles having crept into authority , may prove the most dangerous instruments in the common-wealth : for the most notorious cavaliers , and enemies of our peace , would accept of places of honour , power , and profit from their enemies hands , for these reasons & ends : . they are thereby in a better capacity to discover to the common enemy the honest designs and purposes of the well-affected people of the nation . . to serve , countenance , and protect their own malignant party and interest ; and to oppress and undermine the honest well-affected party . . they being conscious of their own guilt and incapacity , are the more ready to act arbitrarily at the will and pleasure of any person , that shall be the means to recommend them to power and authority . . and thereby bring the government into contempt , in the judgment and affections of the good people , and all conducing to the introducing and re-investing of the common enemy , and his party , into power and authority in the nations . and the boldness of these subtle cavaliers have been such , that ( having procured themselves to be elected by their malignant parties and interests in the countries ) they had the confidence to sit in the great council of the nation , whereby they are in a capacity to carry on their malignant designs , and to challenge equal voices with those eminent members that have spent their blood and treasure to serve this common-wealth , and redeem it ●rom its former slavery and tyranny , in order to that glorious and blessed reformation , so often promised , vowed , and protested to be wrought in these nations . and it pleased the lord in a providential manner to point at , and discover two of these notorious cavaliers , lately expelled the house . but it is to be feared there may be many more of like guilt and principles that are left behind , who may prove the grand obstructors of the blessed work of reformation in all these three nations , for which so much blood and treasure hath in many years together , been spilt , which some persons that know , will not , and others dare not discover to the parliament . it is therefore humbly proposed . that the parliament will order , that no persons who have born arms for , ayded or assisted the late king , and his party , in the late war against the parliament , or have been sequestred , or voted delinquents , do sit in parliament within eight dayes after publication of such order , upon paenalty of sequestration of their estates , or such other fine and punishment as the parliament shall think fit to appoint . . and by this means those that know themselves to be guilty , will immediately withdraw , without the trouble of charges , and examination of witnesses . . that a standing committee be appointed by parliament from time to time to receive all complaints against all malignants , delinquents , and ill-affected persons for bearing offices , contrary to the several acts , orders , ordinances and declarations of parliaments , with power to impose fines and imprisonments on the offenders , in case they hold , or exercise their offices after publication made to the contrary . and that the same committee may have power to send for persons , papers , and witnesses , to examine witnesses on oath , and to grant commissions to the respective counties from whence such complaints are made ▪ and where the witnesses reside . and that the one half of the fines may be payed into the publick treasury and the other to go to the prosecutor . and lest this proposition may seem to some unreasonable , it is thought fit herein to insert several resolves of the late long parliament , tending to the purpose aforesaid . die veneris . julii . resolved , that no person that hath been in actual wars against the parliament , or hath acted by the commission of array , or voluntarily aided the king in this war against the parliament , or that since the twentieth of may in the year , . hath sued for , or voluntarily accepted a pardon from the king , or hath directed , advised , assisted , signed , or consented unto the cessation of ireland , or otherwise assisted the rebellion of ireland , or stands sequestred by authority of parliament for delinquency , shall presume to sit in this house . resolved , that the persons that shall be comprehended within this order , shall incurre the penalty of being put into the second branch of the fourth qualification in the propositions concerning such members as deserted the parliament , and sate in the unlawful assembly at oxon. resolved , that such members as are in town , or within ten miles of the city of london , as shall conceive themselves concerned in this order , shall have liberty to present their case to the house under their hand in writing before thursday next . resolved , that this be added to the last vote , that if any of the members to whom the liberty of twenty dayes is granted , shall come to the house within the said space of twenty dayes , shall have four dayes liberty only , within the said former twenty dayes , to present their case under their hand in writing to the house . john smith clerk of the parliament to attend the commons . die jovis . julii . resolved , that this house doth declare , that such members of this house as have delivered in their particular cases , and as shall within four dayes present their cases in reference to the votes concerning such members as are not to sit in this house , shall not incurre any further danger or penalty , other than their being disabled to sit as members of parliament . resolved ; that those members to whom liberty of twenty dayes was given by former order to present their cases , and shall according to the said order present their cases , shall incurre no further penalty upon any of their cases , then being disabled to sit as members of parliament . the state of the several cases of john doyley and bennet hoskìns , esqs , sir philip percival , thomas cholmeley , and thomas dacres esq were all of them this day read , and ordered , that they be referred to the committee where mr. john corbet hath the chair , and the committee hath power to conferre with , and examine the gentlemen respectively upon their several cases , and concerning any other thing comprehended within the votes , whereupon their papers were brought in , and upon all circumstances , and thereupon to ascertaine their several cases , and report the same to the house . john smith clerk of the parliament to attend the commons . notes, typically marginal, from the original text notes for div a e- observe that these gentlemen withdrew and did not sit in that parliament . the fourth part of the soveraigne povver of parliaments and kingdomes. wherein the parliaments right and interest in ordering the militia, forts, ships, magazins, and great offices of the realme, is manifested by some fresh records in way of supplement: the two houses imposition of moderate taxes and contributions on the people in cases of extremity, without the kings assent, (when wilfully denyed) for the necessary defence and preservation of the kingdome; and their imprisoning, confining of malignant dangerous persons in times of publicke danger, for the common safety; are vindicated from all calumnies, and proved just. together with an appendix; manifesting by sundry histories and foraine authorities, that in the ancient kingdome of rome; the roman, greeke, german empires; ... the supreame soveraigne power resided not in the emperours, or kings themselves, but in the whole kingdome, senate, parliament, state, people ... / by william prynne, utter-barrester, of lincolnes inne. it is this tenth day of july, ordered ... that this booke .... be printed by michael sparke senior. john white. soveraigne power of parliaments and kingdomes. part prynne, william, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing p thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) the fourth part of the soveraigne povver of parliaments and kingdomes. wherein the parliaments right and interest in ordering the militia, forts, ships, magazins, and great offices of the realme, is manifested by some fresh records in way of supplement: the two houses imposition of moderate taxes and contributions on the people in cases of extremity, without the kings assent, (when wilfully denyed) for the necessary defence and preservation of the kingdome; and their imprisoning, confining of malignant dangerous persons in times of publicke danger, for the common safety; are vindicated from all calumnies, and proved just. together with an appendix; manifesting by sundry histories and foraine authorities, that in the ancient kingdome of rome; the roman, greeke, german empires; ... the supreame soveraigne power resided not in the emperours, or kings themselves, but in the whole kingdome, senate, parliament, state, people ... / by william prynne, utter-barrester, of lincolnes inne. it is this tenth day of july, ordered ... that this booke .... be printed by michael sparke senior. john white. soveraigne power of parliaments and kingdomes. part prynne, william, - . england and wales. parliament. house of comomns. [ ], , , - , [ ] p. for michael sparke, senior., printed at london : . part of: the soveraigne power of parliaments and kingdomes. also issued as part of wing p a. the appendix begins new pagination on a r. quire a is in two settings: with the "a" of signature-mark aa under ( ) the "c" of "conduce" or ( ) the "v" of "very". with a final errata leaf. annotation on thomason copy: " aug:". reproduction of the original in the british library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- parliament -- early works to . representative government and representation -- england -- early works to . great britain -- politics and government -- - -- early works to . - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - john latta sampled and proofread - john latta text and markup reviewed and edited - pfs batch review (qc) and xml conversion the fovrth part of the soveraigne power of parliaments and kingdomes . wherein the parliaments right and interest in ordering the militia , forts , ships , magazins , and great offices of the realme , is manifested by some fresh records in way of supplement : the two houses imposition of moderate taxes and contributions on the people in cases of extremity , without the kings assent , ( when wilfully denyed ) for the necessary defence and preservation of the kingdome ; and their imprisoning , confining of malignant dangerous persons in times of publicke danger , for the common sa●ety ; are vindicated from all calumnies , and proved just . together with an appendix ; manifesting by sundry histories and foraine authorities , that in the ancient kingdome of rome ; the roman , greeke , german empires ; the old , the present graecian , indian , aegyptian , french , spanish , gothish , italian , hungarian , polonian , behemian , danish , swedish , scottish , with other foraine kingdomes ; yea in the kingdomes of judah , israel , and other gentile royalties , mentioned in scripture ; the supreame soveraigne power resided not in the emperours , or kings themselves , but in the whole kingdome , senate , parliament , state , people , who had not onely authority to restraine , resist , yea call their emperours , and kings to an account , but likewise , when they saw just cause , to censure , suspend , deprive them for their tyranny , vices , mis-government ; and sometimes capitally to proceed against them . with a briefe answer to the contrary objections ; and tenne materiall observations , confirming all the premises . by william prynne , utter-barrester , of lincolnes inne . olaus magnus l. . c. . de iniquis consiliariis , &c. . iniqui consiliarii aiunt , regem nihil injuste facere posse , quippe omnia omniunt ejus esse , ac homines etiam ipsos-tantum vero cuique esse proprium , quantum regis benignitas ei non ademerit , &c. vtcunque sit , multi principes , his & similibus consiliis & consiliariis , facti sunt enules , miseri , infames , & inhabiles in se & posteritate sua , amplius gubernandi . principis itaque officium est , ut non secus curet subditos , quam fidelis pastor oves , ut dirigat , foveat , conservet . it is this tenth day of july , ordered by the committee of the house of commons concerning printing , that this booke intituled the fourth part of the soveraign power of parliaments and kingdoms , &c. be printed by michael sparke senior . john white . printed at london for michael sparke senior . . to the reader . courteous reader , i here present thee with the last part , of the soveraigne power of parliaments and kingdomes , and an appendix in pursuance of it ; abundantly manifesting , from the very fundamentall constitutions , lawes , customes , resolutions , remonstrances , oathes , inaugurations , elections , ceremonies , histories , publique transactions , treaties , agreements , wars , of forain empires , emperors , realmes , kings , states , senates , diets , parliaments , in all ages , and the most judicious foraine authours of all sorts ; that whole kingdomes , parliaments , senates , states , nations , collectively considered , have ever constantly enjoyed , in all ages , nations , the most soveraigne jurisdiction , and authority , and beene paramount their kings and emperours , who were and are subordinate , accountable for their actions to them ; and copiously refuting the fond erroneous fancies of all illiterate flattering court-doctors , theologasters , lawyers , statists , who , without any shadow of truth or reason , audaciously averre the contrary , not so much to flatter or seduce their princes , as to advance themselves ; against whom the contrary constant practice and resolutions of most lawfull kingdomes , that either are or have beene in the world from adams dayes till now , shall unanimously rise in judgement , and passe a most catholike irreversible sentence on them , for their notorious flatteries and impostures . for mine owne particular , as i have alwayes beene , and ever shall be an honourer , a defender of kings and monarchy ( the best of government , whiles it keepes within the bounds which law and conscience have prescribed ; ) so , i shall never degenerate so farre beneath the duty of a man , a lawyer , a scholar , a christian , as to mis-informe , or flatter either ; nor yet ( out of any popular vain-glory ) court either parliaments or people , to the prejudice of kings just royalties ; but carry such an equall hand betweene them , as shall doe right to both , injury to neither ; and preserve , support their just , legall severall soveraignties , jurisdictions , rights , within their proper limits , without tyrannicall invasions , or seditious encroachments , upon one another , to their mutuall and the republickes prejudice . it fares with regall and popular powers , usually , as with seas and mighty rivers , if they violently breake downe , or swellingly overflow their fixed bankes , they presently cause an inundation , and in stead of watering , surround , and drowne the countries round about them , for a season , ( sometimes for sundry yeares ) ere they can be perfectly drained , and their bankers repaired , to confine them to their ancient proper channels , ; of which we have present sad experience , written in capitall red bloody letters , throughout the realme . to redresse ▪ prevent which overflowing mischiefe for the future , i have without feare or flattery of any humane power , or party whatsoever , by publicke authority divulged this last , and the three preceding parts of this discourse : together with the appendix , ( all hastily collected , and more confusedly compacted through want of time , and sundry interrupting avocations , then i desired ) wherein i have impartially , according to my judgement , conscience , defended nought , but ancient , undoubted , universall truthes of reall state-policy , and true theologie , ( almost forgotten in the world , yea cryed , preached , printed down for erronious , seditious paradoxes , if not treasons , by sycophants and malignants in these later ages ; ) out of a cordiall affection as much as in me lyeth , to restore and settle the weale , tranquillity , and safety of my bleeding , dying country , now miserably distracted , wasted , consumed every where : ( through the long fore●plotted conspiracies of romish priests and jesuites , to subvert the protestant religion and our realmes ) upon a pretended quarrell unhappily raised by them , betweene the two much mistaken grand soveraigne jurisdictions , of king and parliament , crowne and kingdome , now miserably clashing one against the other , through ignorance and mistakes , and trying their titles in the open field by battaile , in stead of law ; by the sword of the souldier , not of the spirit , the onely proper peaceable judges in these quarrels , by which alone they can and must be finally resolved , settled ; else neither king nor kingdome , can be ever quiet , or secure from dangers , and commotions . i dare not presume to arrogate to my selfe , a spirit of in-errability in the grand controversies here debated , wherein i have travelled in no beaten common road ; no doubt * generall , nationall councells , parliaments , popes , kings , counsellors , statesmen , lawyers , divines , all sorts of men , both may , and usually doe erre from truth , ( especially in questions which concerne their owne jurisdictions , honours , profits ; ) and so may i. but this i darewith safe conscience protest to all the world , that i have not willingly erred in any particular ; and if i have casually failed in any thing , out of humane frailty , i shall ( upon better information ) acknowledge and retract it . in the meane time , i trust , i have here sufficiently discovered , refuted , many common impostures and erroneous grosse mistakes in law , policy , divinity , antiquity ; which have in later ages beene generally received as indubitable verities , by most men ; yea professedly defended by sundry injudicious lawyers , and ignorant divines ( though perchance reputed learned , solid in their own , and others opinions ) who never tooke the paines to dive into the true originall fundamentall creations , institutions , publicke lawes , reasons , policies , jurisdictions , compositions , rights , customes , histories of kings , kingdomes , parliaments , states , magistrates , people ; the ignorance whereof , hath made them confidently vent many grand absurdities , and untruthes , to the prejudice , imbroyling , and almost utter ruine of divers kings and states ; which now , i hope , they will ingenuously acknowledge and recant with reall griefe and shame , that they have so grossely cheated , seduced kings , kingdomes , people , and oft times stirred up civill warres , to maintaine their idle lies , crazy fictions , as just royall rights , and indubitable prerogatives , when as they are nothing lesse . i shall not begge any mans beliefe , of any truth here newly discovered , further than his own judgement & conscience , upon serious consideration , shall convince him of it ; and himselfe discerne it fully ratified by substantial precedents and authorities in the body and close of the treatise & appendix : only this i shall request of every reader , to peruse over all the parts of this discourse with a cordiall love of truth and peace ; and when he is convinced what is truth , then to live and dye in pauls resolution , cor. . . we can doe nothing against the truth , but for the truth . it was our saviours owne reply to pilate , john . . for this end was i borne , and for this cause came i into the world , that i should beare witnesse unto the truth ; o then let it now be every ones end , and practice too ; since it is the * truth ( and nothing else ) that shall make ( and keepe ) us free : free , from errors , troubles , tumults , warres ; slavery , tyranny , treachery , popery , dangers , feares : wherefore , * love the truth and peace , and then through gods mercy we shall speedily regaine , retaine them both . farewell . the fourth part of the soveraign power of parliaments and kingdomes . the parliaments interest in the militia , forts , navy , & officers of the kingdom . in the preceding parts of this discourse , i have with as much perspicuity and sincerity as i could , waded through those deepe and weighty differences of greatest importance , which have lately ( to our great unhappinesse ) i know not by what * evill spirits solicitation , unexpectedly risen up by insensible degrees , betweene the kings majestie , and the present parliament ; ( whose primitive sweet agreement , made us not so happy , as their subsequent divisions in place , affection , opinion , have rendred the whole three kingdomes miserable , ) in point of royall prerogatives onely , which i have dispatched : i should now proceed to other controversies betweene them , principally concerning the subjects liberties ; but before i passe to those particulars ; i shall present you with some few records of speciall note ( casually omitted in their proper place , through over-much haste , and want of time ) which will very much cleare the parliaments just right , and ancient jurisdiction in ordering the militia of the realme , by sea and land ; in disposing the ships , the forts of the realme for the publicke safety in times of danger ; in concluding matters of warre and peace ; in placing and displacing the great officers , the privy counsellors of the kingdome ; yea regulating the kings owne houshold , and meniall servants oft times ; when there was occasion ; which may serve as a supplement to the second part . it it the determination of henricus rauzovius , a noble dane , a great statesman and souldier in his commentarius bellicus , dedicated to christierne the fourth , king of denmarke , anno . lib. . c. . that all kings and princes in most republickes , rightly and lawfully constituted , are obliged by their paction entred into before their inauguration , a not to begin or move any warre without the consent of all the estates and nobles . thus in my hearing , philip king of spaine , when he demanded and tooke an oath from his subjects in the netherlands , promised by a mutuall oath to the estates , that he would make no warrs in those parts without their privity . the same also ( most noble king ) is received and observed not only in your kingdomes and dominions , but likewise is in use almost in all europe . therefore frederick your father of most famous memory , knowing himselfe to be bound hereunto by compact , before he would be involved in the swedish warre , communicating the whole businesse faithfully to his people , as well to the senators of the realme , as to the nobles of the dukedomes , maturely advised with them about the manner of waging it . wherefore , lest the warre which is undertaken bee accused as unjust by the states , because it was undertaken without their advice , contrary to custome and agreements , all ought to be assumed into the counsell and care of warre . for thus it will come to passe , besides , that things very well thought on and deliberated by many , have for the most part better successes , than those things which are rashly begun by some one ; that the subjects , who not unwillingly bring their estates and lives into danger , will lesse feare the losse of both , will fight more valiantly , and will put forth all thier strength in prosecuting and ending the combate of warre , even for this reason , that themselves have beene the advisers of the warre . upon this reason , not onely the kings of the jewes , arragon , france , navarre , and others , ( as i have manifested in the b appendix ) but even of this our realme , have usually undertaken all their warres , and ordered all their military affaires , both by sea and land , by the advice and direction of their parliaments , as the grand councell of warre , both for king and kingdome . this i have plentifully manifested in * the premises , by sundry examples , and shall here onely briefly ratifie with some few new precedents . in the first parliament of ed. . after proclamation made , num. . that none should come armed with weapons to the parliament , num. . the causes of summoning the parliament were shewed to the lords and commons , to have their counsell and advice therein , what was best to be done ; and expressed to be three . first , that every one , great and small , should consider , in what manner the peace might most surely be preserved within the realme . secondly , how the marches of scotland , and the northerne parts might be best defended and kept against the enemies of scotland . thirdly , how the sea should be guarded against the enemies , that they should doe no dammage , nor enter the realme for to destroy it . after this . num. . the bishops and letters from the king then in france , relate to the houses the estate of the kings army , warres , and proceedings in france , and the great debts the king stood ingaged in for the maintenance of his army ; for discharge whereof and the kings further reliefe in the easiest way , to support his warres , the lords condescended to grant the ninth sheafe of all their corne , and the ninth fleece and lambe of all their flockes to the king , for the two next yeares , so as the custome of mal-tolt , newly imposed on wools , should be released , and this grant not drawne hereafter into custome , as a precedent to their prejudice . who acquainting the commons therewith , they after deliberation ; as to the kings supply ; returned this answer . num. , . that they thought it meet the king should be supplyed , and were ready to ayde him , as they had alwayes formerly beene , but yet as the ayde was granted in this case , they durst not assent to it , untill they had consulted and advised with the commons in the country ; for which end they craved time to goe into their counties , and that writs might issue to summon another parliament on the octaves of saint hillary , of the richest knights in every shire at a short day to come , ( which , was c condescended to . ) after which , num. , , . they gave this answer in writing concerning the three articles propounded to them : first , as to the keeping of the peace of the realme , that the justices of the peace had sufficient power already to that purpose ; onely they adde , that disturbers of the peace should not be let out of prison , but upon sufficient bayle , and that no charters of pardon should be granted to felons , but by common consent in parliament , and all other pardons held as voyd . to the second they answered , that the king before his going beyond the seas had taken so good order , and appointed such sufficient guardians to defend the marches of scotland , who were best able to guard those parts , that the enforcement of them by the kings councell would be sufficient , without any charge to the commons ; only , they ordered , that every man who had lands in the marches of scotland , of what condition soever they were , should reside upon them to defend them ( as it had beene formerly ordained ) without charge to the commons . to the third , concerning the guard of the seas : the commons prayed that they might not be charged to give counsell in things of which they had no conisance ( or charge ; ) and that they were advised , that the barons of the ports which at all times have honours before all the commons of the land , and are so enfranchized to d guard the sea betweene us and strangers , ( if so be it fals out , that they will enter and assaile our land ) that they contribute to no aydes nor charges on the said land , but receive profits without number arising by the sea , for the guard aforesaid . wherefore the commons are advised , that they ought to maintaine a guard upon the sea , as the e commons do upon the land , without taking or demanding wages . likewise , there are other great townes and havens which have a navy , that are in the same case , and are bound to guard the sea. and as for the safeguard of the watch-houses upon the sea by land ; let the guard of them be made by the advice of the knights of the shire , where the said guardians are assigned , in the safest manner that may be , without charge of the commons : and that the people of the land , of what condition soever , which have lands on the coast , shall keepe residence upon those lands , the better to repulse the enemies from the land , so that for their abiding there , they shall be discharged to give any aide toward the same guard elsewhere . num. . the commons frame and demand a generall pardon , upon grant whereof they promise to aide the king with monies . num. . they make an ordinance for increase of monies in the realme . num. . because the ships of england went not out together in fleetes , to trade , but severally , out of desire of gaine and covetousnesse , and so many of them were taken by the enemies of the king , and the men slaine and murthered , to the dishonour of the king and the whole realme ; it was agreed , and assented in full parliament , that all the navy should stay and be arrested , till further order were given to the contrary . num. . it was accorded and assented in parliament , that the bishops and lords in the parliament , should send letters to the archbishop of yorke , and the clergy of his province , under their seales , to excite them to grant a convenient ayd for the guard of the marches of scotland , for the defence of the church , the realme , and themselves , as the clergy of the province of canterbury had done . num. . it is accorded , that master robert de scardeburgh shall be put into the commission which shall be sent into the country of yorke , to survey the array of the people , which shall be chosen for the defence of the realme , in lieu of sir thomas de blaston . that sir richard chastell shall be put in the commission to survey the array in the counties of notingham and denby , and john feriby in the county of lancaster . num. . it is assented that the people of holdernes shall be arrayed , taxed , and make ayde for the guarding of the marches of scotland , and other businesses of the king in those parts , notwithstanding the commission made to them to guard the sea , num. . the lords who have lands towards the marches of scotland , are commanded and prayed by writs and letters to repaire thither for defence thereof , namely the lords of ros , wake , mowbray , clifford , and master william daubeny steward of the earle of richmond , and that those who could not in this case goe in proper person , should send their people to the lords in the marches . in the second parliament held this yeare , by appointment of the first ( octabis hilarii , . ed. . num. . . edward duke of cornwall , guardian of england ( in the kings absence ) being hindered by other businesses to be present in this parliament , by letters patents under the kings great seale , appointed the archbishop of canterbury , and others to supply his place , and hold the parliament . num. , , , . the commons for the defence of the realme , sea , and marches of scotland , granted the king thirty thousand sackes of wooll , and the earles and barons , the ninth sheafe , fleece and lambe , within their demesne lands ; and agreed to raise a great summe of money presently , to set out a fleet of ships to sea , fraught with men of armes , and archers for defence of the realme . num. . all the merchants of england , were summoned by writ to appeare at westminster in proper person , to conferre upon great businesses concerning the kings honour , the salvation of the realme , and of themselves . num. . the mariners of the cinque-ports upon their departure promised to make their ships ready by mid-lent ; and were to receive a summe of money to helpe defray their charges herein ; and the men of the cinque-ports , promised to defray the moity of the costs ; and the kings counsell the other moity , but not in name of wages , but out of speciall grace ; and the f cinque-ports were to finde ships of their owne , and nine ships of the river of thames . num. . the mariners towards the west promised to finde . ships of an hundred tunne and upwards , and to make them ready by the same day ; and to defray the charges of them as farre as was requisite ; and for the residue , the kings counsell were to send them a summe of money for their aide , but not as wages , but of speciall grace ; and a clerke was ordained to survey the charges of the mariners of the west ; and of the cinque-ports . num. . all the ships of portsmouth , and the west , were to meet at dartmouth at the day assigned ; and the earle of arundell was assigned their admirall ; and the ships of the cinque-ports and the river of thames , were to meete , & assemble at winchelse , and the earle of huntindon , appointed their admirall ; and that all these ships should be ready by the middle of lent , num. . the admiralls of all parts were commanded to arrest all other ships , that might passe the seas , for feare of being surprised by the enemies , & that . men should man those to whom the smaller ships belonged , to bring them in to such havens where they might be safest from the enemies . num. . writs were directed to all sheriffes of england to make proclamation , that all those who had charters of pardon , should repaire towards the sea , in the service of the king , and at his wages by the middle of lent , upon paine of losing their charters , and being put to answer the things contained in them , in case they should not goe . num. . it was accorded and assented in parliament , that master richard talbot ordained to guard the towne of southampton , which he had undertaken to doe , should have a company of men at armes , and archers at the kings wages , which he might increase if there were cause ; that he and they should have their wages paid them monethly , from the second sunday in lent , and so forwards whiles they continued in that services , & that he should receive . pounds in money , and . markes in wooll , in respect of his said service , and to defray his ancient debts . and he had power given him to assesse and levy monies upon the said town , towards its defence ; and if the towne were not able to defray all the charge , the king should ayde them for the residue . num. . the bishop of winchester , the prior of st. swithin of winchester , and the abbot of winchester , were commanded to have the people of their manners next the towne of southhampton well armed and arrayed , that they might be ready to their power to defend the said town , upon summons of the guardians thereof , that no perill might happen thereunto , num. . that two pinaces , one of melbroke , and the other belonging to roger normand , should be assigned to remaine in the port of southampton , at the appointment of the said mr. richard , for the safety thereof . num. . all the burgesses and sea-men of the town which had departed thence , were ordered to goe and abide therein for the defence thereof , and of their owne possessions ; and in case they refused , that their lands and possessions should be seized into the kings hands , and the profits of their lands which should be found elsewhere . num. . that a commission should be made to stephen butterly , and william weston , serjeants at armes , to take timber , bords , and other things necessary for the safety of the said towne at certaine prises , upon endenture made between them and the owners of the said goods ; and that the king should pay , or give them other satisfaction . num. . . that all the armes , engines , ammunition , iron and lead in the said towne , should be delivered to the gardian of it by indenture ; who should have the same power in all things within that towne , as the earle of warwicke had , when he was governour . num. . that the sheriffe should have a writ of attendance , to be attendant on the said mr. richard , with victuals , and all other things necessary for the safegard of the said towne . num. . . . certaine merchants are appointed and take upon them to the parliament , to buy great proportions of corne , peas , oates , hay , and other provisions , ( the quantities whereof are particularly expressed ) at certaine rates , to victuall barwicke , the castles of edenburg , and strivelyn , ( which castles mr. thomas rokeby , guardian thereof , promised to keep till saint iohns day then next to come , upon condition to receive his wages formerly due , out of the first moneys granted to the king in this parliament , ) by a certaine day ; provided they shall carry no victuals to the enemies of the king and realme , and that they should be payd out of the first moneys arising out of the ayde granted to the king. num. . . the inhabitants of the isle of wight were respited of the ayd granted to the king , according as their good carriage should be during the war ; and it was agreed in parliament , that no commandement nor ordnance , or license granted under the great or privy seale , to any of the said inhabitants bound to defend the said isle , should licence any to absent himself from it during the war , unlesse it were for feare of disinheriting or other great necessity , with which the councell should be acquainted , or upon in quests . num. . . provides , that the castle of careshroc in the i le of weight should be furnished with a certaine proportion of wine corn , peas , oats , hey , coles , iron , salt ; and that a commission should be granted to robert vandalym sheriffe of southampton , and to william of kekenwich joyntly and severally , to purvey and deliver the same provisions over by indenture , to the constable of that castle ; and a writ directed to the kings botteller , to deliver the wines assigned ( to wit ten tonne ) out of the wines then in , or which should first come into his hands . num. . mr. thomas ferrers undertakes to the parliament , to send without delay a sufficient man to the castle of iernsey , to survey the defaults and state of the said castle , to certifie the councell fully of them ; and in the meane time to finde the wayes of those remaining there in garrison , to the summe of an hundred pounds ; and a writ is directed to the sheriffe of southampton , to furnish the said thomas with a convenient quantity of powder , and iron , and other necessaries for the defence of that castle . and because thomas peyne , one of the jurates of that isle was gone to the enemies , contrary to a defence made , that a writ should issue to the bayliffs and jurates of the same isle to choose another sufficient man in his place , and to seize his lands , goods , and chattels into the kings hands , and answer the mees●e profits of them . num. . dorso . there is an exact array or list of all the captaines and men at armes , and archers under their severall commands for defence of the borders of scotland , amounting in all to . num. . those of the counties of nottingham , derby , yorke , were to goe to newcastle upon tine , at the countries charges , and then to receive the kings wages : and those of westmerland , cumberland and lancashire , to marth to carlile at the counties charges , and then to receive the kings wages ; and that the commanders , great men , and all the host when they assembled should lie and travell in the land of scotland , and not in the marches of england . num. . . a fit and trusty clerke is appointed to pay the souldiers wages by the advise and survey of the lords percy and nevill , and merchants are ordered to returne moneys for the exploit , and to furnish the king of scotland with moneys sufficient to maintaine twenty men at armes . num. . because mr. richard talbot had discharged himselfe of the government of barwicke , the lords in parliament earnestly intreated sir walter creake to take upon him the custody of barwicke , and to certifie the lords within a short time , how many men at armes and archers would suffice to guard it , and whether he would accept of the charge or not ; and if not , they would provide another . num. . a commission is granted to master thomas wake and others to muster the horse and foot arrayed for this expedition in yorkeshire and the other counties , and to conduct them towards newcastle . num. . it is accorded and assented , that writs shall be made to the arrayers of the men of armes , hoblers , and archers , in the county of oxford , for the guarding of the sea , for the prior and canons of burnacester , to surcease their demand which they made to the said prior and canons to finde a man at armes and two archers to make such a guard at portsmouth ; and also for the payment of certaine moneys for this cause , untill they have other command from the king ; by reason that the prelates and other great men in the parliament are informed , that all the possessions of their house will hardly suffice for their sustenance , and that they cannot finde such charge without very great oppression of them and their house . loe here in these two parliaments ( the rols whereof i have recited more largely , because rare and memorable ) all businesses concerning the warres , militia and array both by land and sea , were particularly consulted of , ordered , and determined in and by the parliament onely ; in a farre more ample manner then this present parliament at first petitioned , desired they should have been ordered and setled now . in the parliament rolls e. . num. . certaine men are appointed to guard the islands and sea-coasts against the enemies . num. . the lord mowbray is appointed keeper of the town of barwicke . num. . . . &c. commissions of array in severall counties are made by parliament to the earle of angoyes and others , for defence of the kingdome . in the parliament of e. . num. . a commission is granted in parliament to the lord percy and others , to appoint able persons for defence of the marches of the east-riding . in the parliament roll of r. . num. . because that the lands of gascoigne , ireland , the seigniory of artoyes , and the marches of scotland are in perill to be lost through default of good officers , the commons petition , that it would please the lords to ordaine good and sufficient ministers , which may be sent to governe in the same lands in the most hasty manner that may be , by reason of the great need that requires it . and that all the chiefe guardians of the ports and castles upon the sea , as dover , bannburgh , carlile , and other marches , may be put in the forme aforesaid : and that these guardians of the castles and keyes of the realme may be sufficient men , who may forfeit their inheritance if any mischiefe shall happen by reason of them , which god forbid . and that in all other , sufficient persons of your leiges be placed who may forfeit in the same manner for the salvation of the realme . to which the king answers . the king willeth it , and will doe that which shall belong to him by the advise of the lords of his continuall councell . in r. . rot. parliament . num. . the admiralty is disposed of by the parliament : and num. . a schedule of orders for the defence of the north sea , is confirmed by the parliament . in the parliament of & h. . num. . the parliament gave power to the merchants to name two meet persons to be admirals , to guard the seas . in the parliament rolls of r. . pars . num. . the commons supplicate , how the enemies of france , with great armies , and many vessels of warre have been continually , and yet are in the northerne parts , and namely about the coasts of scarburrough , which towne is dangerously seated upon the sea , open to the assaults of the said enemies , and that the people of the said towne had within two yeeres last past paid above one thousand pound ransome to the said enemies , and yet were destroyed and carried prisoners into boloigne and other places , where they were yet kept prisoners , and that the towne was upon the point to be burned and destroyed , and all the coast about it in short time , if hasty remedy were not provided . that therefore it would please the king and his most sage councell , considering the great dammages and perils the said towne and coasts about it had sustained , and were yet apparently like to sustaine , to ordaine and assigne certaine vessels of warre upon the said coasts , to guard them against the malice and power of the said enemies ; and that during the warres , for saving of the said towne , and the kings castle there situate , and all the country about it . the answer is : this matter is in part touched by the merchants of the said coast which are at this parliament , and by their advise and others who are to passe their merchandize in these marches by sea , remedy hath beene ordained in such sort as the earle of northumberland and the major of london , who were assigned in parliament to treat of this businesse know more fully to declare . in the parliament of r. . pars . num. . the bishop of norwich offered before the king and lords , that if the king would grant him the quindisme and disme of the laity and clergy ; and the pound and shillings on the tonne of wine , lately granted to the king for the safeguard of the sea ; that he would within daies after the receipt of the last payment , transport into france archers well armed and mounted for the ayd of gaunt ; and would defray all the charges of shipping them : and that if he might have the attendance of the west-admirall , he would finde on the sea for the safeguard of it , betweene this and michaelmas next , ten great ships , and ten barges armed ; in which besides marriners necessary , he would finde at least fighting men for the said terme . in the parliament of r. . num. . it is to be remembred , that the commons said in full parliament , that if a treaty of peace or truce should be entertained betweene their lord the king and his adversary of france , that they thought it expedient and necessary , if it should please the king , that mounseur de guyen , because he is the most sufficient person of the realme , shall goe to the same treaty . and the king said , that he liked it well , if it pleased the said lord de guyen : and thereupon mounseur de guyen said , that he would with a very good will travell and doe any thing which might turne to the honour and profit of the king and of his realme . in the parliament of the h. . num. . the kings grant of the custody of the town and castle of calice , the towne of risbanke , the castles of hamures , marke , oye , stangate , bavelingham , and of the castle and dominion of guynes in picardy , to be made to humfrey duke of glocester his unkle , in the presence of the lords spirituall and temporall then being in the present parliament , was on the day of october read before them : which being understood , and mature deliberation taken thereupon , the severall reasons of the said lord being heard , it was at last by their assent and consent agreed and ordered , that the said duke should have the custody of the said towne , castles , and premises , to the end of nine yeeres then next ensuing , which charter was subscribed by all the lords there present . in the parliament of h. . num. . pro custodia maris , it was enacted : for as much as the king , considering that as well divers his clergy men of this his realm inhabiting nigh the coast of the sea , and others his subjects using the trade of merchandises , have been oftentimes grievously imprisoned , distressed , put to great sufferances and ransomes ; and their ships , vessels , and merchandises of great value taken upon the sea by his enemies ; and also merchant strangers , being under his leageance , amity , safegard , or safe conduct upon the sea , have been robbed and spoyled , against the forme and contents of such truces , and safe conducts signed ; his highnesse willing and intending sufficiently to provide for the remedy of such inconveniences , and to eschew and avoyd all such robberies and dispoylers , hath by the advice and assent of the lords spirituall and temporall in his high court of parliament assembled , desired certaine great lords of this realme , that is to say , richard earle of salisbury , john earle of shrewsbury , john earle of worcester , james earle of wiltshire , and iohn lord sturton with great navies of ships and people defensible in great number purveyed of abiliments of warre , to intend with all diligence to their possibility the safeguard and keeping of the sea. for which cause the subsidies of tonnage and poundage granted to the king for his naturall life this parliament , that they might be applied to such uses and intent as they be granted the king by the advice and assent of the lords spirituall and temporall , and commons in this parliament assembled , and by authority of the same , were granted to the said earles and lord sturton , and the survivers of them for three whole yeeres ; with power for them to appoint collectors to receive and collect them in every port , without rendering any account ; so as they kept the covenants and endentures made between the king and them for the safegard of the seas ; with a proviso , that this act during the three yeeres should not be prejudiciall to the custome of the towne or castle of calice or rishbanke , for the payment of the wages and arreares of the souldiers there . and over that , if the goods of any of the kings liege-people , or any of his friends , be found in any vessell of the kings enemies without any safe conduct , that then the said earles and the lord sturton shall take and depart it among them and their retinue without any impeachment , according to the statute thereupon made . in the parliament of h. . num. . the said lords were discharged of the custody of the sea by the parliament , in these words : for as much as the earles of salisbury shrewsbury , and worcester , and the lord sturton besought the kings highnesse in this present parliament , that it might like his highnes and excellency of his noble grace to have them clearely discharged of the keeping of the sea ; the king therefore and for other causes moving his highnesse , by the advice of the lords spirituall and temporall in the said parliament assembled the day of iuly , the day of the same parliament , admitted their desire , and would that the said earles and lord sturton , or any other that had the keeping of the sea by an act made in the last parliament begun and holden at redding , and ended at westminster , be from the day of july fully discharged of the keeping of the same , and that it should be enacted of record . in the parliament of h. . num. . the king by the advice of the lords spirituall and temporall , and commons in this parliament assembled , and by authority thereof , ordained and established , that his dearest cosin richard duke of yorke rightfull heire to the countries of england and france , and of the lordship and land of ireland , have and take upon him the power and labour to ride into the parts of england , and wales , where great rebellions , murders , riots , spoylings , executions , and oppressions be used , committed and attempted , to represse , subdue , and appease them . and also to resist the enemies of france and scotland within the realme . and further granted , ordained , and established by the said advice and authority , that every sheriffe , with the power and might of his sheriwicke , and every major , bailiffe , officer , minister , and subject of the said realme of england and of wales , shall attend upon his said cousin for the said intent , as the case shall require ; and to the same intent be ready at the command of his said cousin ; and the same obey and performe , in like case as they ought to doe at his commandement after the course of the lawes of england , and in wales after the customes there &c. and to cite no more presidents in so cleare a case : in the parliament of iacobi ch . . the temporalty having granted three intire subsidies , and three fifteenes and tenths , to king james , towards the maintenance of the warres that might then suddenly insue upon the breach with spaine , and more particularly for the defence of the realme of england , the securing of ireland , the assurance of the states of the united provinces , with the kings friends and allies ; and for the setting forth of the navy-royall : did by that act , for the better disbursing of the said ayd and mannaging that warre according to the parliaments true intention , by that very act wherein they gave the subsidies , did especially appoint eight aldermen and other persons of london treasurers to receive and issue the said moneys ; and appointed ten lords and knights ( particularly named in the act ) to be of the kings councell for the warre ; by whose warrant ( under five of their hands at least ) all the moneys they granted were to be issued and exported , for and towards the uses expressed in the act to such person or persons as the said councell of warre should direct : and that both those treasurers , and this councell of warre , and all other persons trusted with the receiving , issuing , bestowing and imploying of those moneys or any part thereof , their heires , executors and administrators , should be answerable and accomptable for their doings and proceedings therein to the commons in parliament , when they shall be thereunto required by warrant under the hand of the speaker of the house of commons for the time being ; and thereby they and every of them according to their severall places and imployments shall give a true and ready declaration and account of their severall respective dealings , doings and proceeding therein ; and that the said commons in parliament shall have power by this act , to heare and determine the said account , and all things thereto appertaining ; and withall they in this act prescribe a speciall oath to the treasurers , not to issue out any moneys without the warrant of the councell of war under their hands . and another oath to the councell of warre , to make no warrant for any moneys issued , which are given by this act but for some of those ends which are expressed therein , and that to the best of their meanes they should imploy the said moneys accordingly ; and that freely without requiring any reward or allowance whatsoever . which presidents with others forementioned , made his majesty return this * answer to the petition of the lords and commons touching the articles delivered february . . for the securing you from all dangers or jealousies of any ; his majesty will be content to put in all the places both of forts and militia , in the severall counties , such persons as both houses of parliament shall either approve or recommend unto him ; so that you declare before unto his majesty the names of the persons whom you approve or recommend ; unlesse such persons shall be named against whom he shall have just and unquestionable exception . and thus much by way of supplement touching the militia . concerning the parliaments interest and right in electing and removing the officers of the realme , and the kings meniall servants , i shall onely adde these precedents to the * forementioned . in the parliament rolls e. . num. . foure bishops , foure earles , and foure barons were assigned to the king , without whose consent , or of foure of them , no great businesse was to be transacted . e. . num. . in the parliament rolls , the parliament agreeth , that the duke of cornwall be custos of england during the kings absence in the warres of france . in the parliament rolls of r. . num. . & . the commons requested first , that it would please the king to ordaine , and nominate to them now in this present parliament , some sufficient persons of divers estates to be continually resident of his counsell for the affaires of the king and of the realme , and to have the officers of the king of such persons who best knew , and would and might most diligently travell for the redresse of the foresaid mischiefes , and the good government and salvation of the realme , so that the commons may be clearely ascertained of the names of those counsellors which shall be disbursers and orders of that which they shall grant for the warres , and thereby to have greater encouragement to doe to our lord the king that which they have in charge concerning him , as if aforesaid . also that it would please them to ordaine and nominate in this parliament the persons which shall be about ( or have the custody ) of the person of our lord the king himselfe , who is of such tender age , and that those persons shall be of the most vertuous , honestest , and sufficientest of the realm ; so that our said lord , who is a person sacred and anointed , be nobly governed , and brought up in good vertues and manners to the pleasure of god , whereby all the realme may be secured and amended ; and that it be likewise ordained , that our lord the king and his house be governed with good moderation , and defray his expences onely out of the revenues of the realme , and other rights and seigniories of his crowne . and that all that which shall be granted to our lord the king in maintenance of his wars , shall be applied and expended in the warres , and no part thereof otherwise , in aid and discharge of his said commonaltie . in the parliament of . richard . num. . the commons pray , that no person , of what state or condition he be , should meddle with any manner of governance about the person of our lord the king , nor with the businesses of the realm , nor yet to councell our lord the king , but those lords which are assigned and ordained in this present parliament , if it be not by ordinance of the continuall councell , and by assent of our lord the king , upon grievous paine . and the same lords , which shall bee about the person of our lord the king and of his councell , shall cause to remove all the persons which they think fit to remove in the houshold of our lord the king , without shewing favour to any , and to put others in their places , whom they shall think sufficient and vertuous . and that the said lords of the councell be charged to keep and sustain the estate of our lord the king in ' its regalty , and to doe and use that which may turne to the honour and profit of our lord the king and of his realme to their power , according to the form of the oath contained in a schedule made in this present parliament annexed hereunto ; to the intent that it may be notoriously known thorowout all the realme , that good and sufficient councell is about the person of our lord the king , to the comfort of all his commons , and firme assurance and establishment of the realme aforesaid ; the which oath was made in forme ensuing . you shall swear , that you will not assent , nor yet suffer , as much as in you lieth , that any judgement , statute , or ordinance made or given in this present parliament be any way annulled , reversed , or repealed in any time to come ; and moreover , that you shall keep the good laws and usages of the realme afore these times made and used ; and shall firmely keep , and cause to be kept , good peace , quiet , and tranquillity in the realme according to your power , without disturbing them in any manner . so helpe me god and his saints . the answer . as to the first point of this article , the king wils it : and as to the second point , if there be any lord of the councell , or other lord of the realme , which will informe the king , that he hath any person about him not sufficient , nor honest , he wils , that it being proved , he shall be outed and removed , and another sufficient , by his advice , put in his place . in the parliament of . henry . num. . upon certain prayers and requests made before by the commons , divers times touching the removing of divers persons , as well aliens and others , by reason of divers destructions by them moved , and for certaine articles appointed by the lords upon the charges given to them by our lord the king in parliament , and by the said lords it was specially accorded , that four persons , to wit , the kings confessor , the abbot of d●ne , master richard derham , and crosseby of the chamber , shall be quite ousted and voided out of the kings house ; whereupon the ninth of february , the said confessor , master richard , and crosseby came before the king and lords in parliament , and there the king in excusing the said four persons said openly , that he knew not by them any cause or occasion in speciall for which they ought to bee removed from his houshold ; notwithstanding our said lord the king well considered , that what the said lords and commons shhall do or ordaine , was for the good of him and of his realme , and therefore he would conforme himselfe to their intentions , and did well agree to the said ordinance , which charged the said confessor , master richard , and crosseby to avoid his said court , and like charge should have beene given to the said abbot , had he been present . and our lord the king said further , that he would doe the like with any other which was about his royall person , if he was in hatred or indignation with his people . and numb . . to the end that good and just government and remedy may bee made of divers complaints , grievances , and mischiefs shewed to our lord the king in this parliament ; our lord the king , to the honour of god , and upon the great instances and requests to him divers times made in this parliament by the commons of his realm , for the ease and comfort of all his realme , hath ordained certain lords and others underwritten to be of his great and continuall councell , to wit , the archbishop of canterbury , the bishop of lincolne chancellour of england , the bishops of rochester , winchester , bath , and bangor , the duke of yorke , the earles of som merset and westmerland , the lord roos treasurer of england , the keeper of the great seale , the lord berkley , the lord willoughby , the lord furnevall , the lord lovell , mounsier pierce courtney , master hugh waterton , master iohn cheyne , master arnald savage , iohn northbury , iohn doreward , iohn cawson . in the parliament of . & . henry . numb . . the . day of may , the commons came before the king and his lords in parliament , and then iohn tibetot , their speaker , reheased , how they had prayed the king in the beginning of the parliament , and after , to increase the number of his councell for the better government of the realme , and prayed the king to put it in execution ; and further rehearsed how that the archbishop of canterbury had reported to them , that the king would be counselled by the most sage lords of the realme , the which ought to have the survey of all that which shall be done for the good government of this realme , which thing the king agreed to doe and rehearsed with his own mouth , that it was his entire will. and thereupon a bill made by the king himselfe , by his own will was delivered , containing the names of the lords which shall be of his councell , the tenour of which bill ensueth . it is to bee remembred that our lord the king , considering the great labours , occupations , and diligence which he ought necessarily to imploy about the good government of his realme , and other his possessions , as well on this side the sea as beyond it . first of all for the preservation of our lord the king , and of his crowne , and that the revenues of the same may be the better collected to his profit and increase , as much as a man may justly doe , to the end that he may the better sustaine his honourable estate . and secondly , for the confirmation of the lawes and statutes of the realme , to the end that equall right may be done to every one , as well poor as rich ; our lord the king , of his proper and good will , desirous to be supported in the foresaid causes , because that he cannot attend thereunto in proper person so much as he would , for the great love and good affiance which he hath among others , in the most revered fathers in god , the archbishop of canterbury , the bishops of winchester and excester , the duke of yorke , the earle of somerset , the lord roos , the lord burnet , the lord lovell , the lord willoughbie , the chancellour , treasurer , and keeper of the privie seale , the steward and chamberlaine , master hugh waterton , master iohn cheyney , and master arnald savage , hath chosen and charged them to be of his counsell , praying and commanding them , that in all the foresaid causes they will put to their intire diligences for the profit of our said lord the king , and likewise for the confirmation of the laws and statutes aforesaid . in the parliament of . henry . num . . after divers speciall requests of the commons of the realme , being in the present parliament , made to my lord of glocester commissary of the king , and to other lords spirituall and temporall there , for to have notice and conusance of the persons assigned and elected to be of the kings councell , to their great ease and consolation . by advice and assent of all the lords spirituall and temporall aforesaid , were elected and named certaine persons , as well spirituall and temporall , to be councellours assistant to the governance of the realm , whose names here ensue ; the duke of glocester , the archbishop of canterbury , the bishops of london , winchester , norwich , worcester , the chancellour , treasurer , and keeper of the privie seale , the duke of excester , the earle of march , the earle of warwick , the earle marshall , the earle of northumberland , the earle of westmerland , the lord cromwell , the lord fitz-hugh , the lord bourchier , the lord scroop , master walter hungerford , master john tiptoff , thomas chaucer , william allington . in the parliament of . henry . num . . vpon the petition of the commons against divers lords , bishops , knights , esquires , and others , to the number of . who mis-behaved themselves about the royall person of the king , and in other places , by whose only meanes it was suggested , the kings possessions had been greatly diminished , his laws not executed , the peace of the realm not observed , to the great hurt and trouble of the liege people of the realm , and likely subversion of the same , of which misbehaviour , universall noise and clamour was openly received thorowout all the realme , upon the same persons specified in the petition ; all of them , except the lords and some few others , without further evidence against them , were by the king now removed from his presence and court for a whole yeeres space , within which time any man that could and would object against any of them should be patiently heard and intended to . these few fresh presidents added to the precedent , and to such forraign examples of this nature cited in the appendix , will abundantly cleare the parliaments right and kingdoms interest in nominating , placing , and displacing the great officers of the kingdom , and in regulating the kings own meniall servants in some cases , when they either corrupt or mis-counsell him . and thus much touching the unhappy differences between the king and parliament , concerning matters of his own royall prerogative . the parliaments right and iurisdiction to impose taxes and contributions on the subjects for the necessary defence of the realm , laws , liberties without the king , in case of the kings wilfull absence from , and taking up arms against the parliament and kingdom , briefly vindicated from the calumnies against it . the severall grand objections of consequence made by the king and others against the parliaments pretended usurpations upon the just rights and prerogatives of the crowne , being fully examined and refuted in the premises , so far ( i hope ) as to satisfie all ingenuous men , in point of divinity , policy , law , reason , conscience . i shall next proceed to the remaining materiall accusations which concerne the subjects onely , in regard of property and liberty : wherein i will contract my discourse into a narrow compasse ; partly because the debate of the fore-going differences between the kings prerogative and the parliaments soveraigne jurisdiction , hath in some sort over-ruled the controversies betwixt the subjects and both houses , representing them : party because these accusations are not so universally insisted on , as the former which concerne the king ; the justnesse of them being generally acknowledged , willingly submitted to by most , except such , who calumniate and traduce them , either out of covetousnesse onely to save their purses , or from a groundlesse malignity against the parliament , or out of a consciousnesse of their owne delinquencies , subjecting them to the parliaments impartiall justice , or out of some particular interests which concern them in their gains , honours , preferments , or such who by their restraints for not paying parliamentary assessements , hope to save their purses for the present ; or to gaine favour and preferment by it for the future . if these private sinister ends were once laid by , this second sort of accusations would speedily vanish , especially with men of publike spirits , who prefer the common-weale before their owne particular interests . the first of these cavillatory objections against the parliaments proceedings is , that both houses , without the kings royall assent , have contrary to magna charta , the petition of right , the statues de tallagio non concedendo , and other acts , by their ordinances onely imposed late taxes on the subjects , amounting to the twentieth part of their estates , and since that monethly or weekly assessements , to maintaine a war against the king ; a grand incroachment on the peoples properties , contrary to all law and justice . this objection seems very plausible and cordiall to covetous earth-worms , being politikely contrived to court the close-handed niggardly party , by those who are guiltiest in themselves of that they thus object against others . but it will easily receive an answer , as to the parliament , and recoyle with infinite disadvantage on those that make it . first then i answer , that the parliament is the absolute soveraigne power within the realme , not subject to , or obliged by the letter , or intendment of any laws , being in truth the sole law-maker , and having an absolute soveraignty over the laws themselves ( yea , over magna charta , and all other objected acts ) to repeale , alter , determine and suspend them when there is cause , as is undeniable by its altering the very common law in many cases , by repealing , changing many old statute lawes , and enacting new ones every sessions as there is occasion , for the publike safety and defence . this the practice of all parliaments in all ages ( yea the constant course of all parliaments and assemblies of the estates in all forraigne kingdoms too ) abundantly manifests . the parliament therefore never intended by all or any of these objected acts , to binde its owne hands , but onely the kings and his ministers , with inferiour courts of justice , neither is the parliament within the letter , words , or meaning of them ; therefore not obliged by them . . the king , with his officers , judges , and inferiour courts of justice only are included , and the parliament , is directly excluded out of the very letter and meaning of all these acts ; as is apparent . first in generall , from the occasion of enacting all these laws , which was not any complaints made to the king of any illegall taxes , imprisonments , or proceedings of our parliaments , to the oppression of the people ; but onely the great complaints of the people and parliament against the illegall taxes , impositions , imprisonments , and oppressions of the subject by the king , his officers , judges , and inferiour courts of justice , as all our histories , with the prefaces and words of the acts themselves attest ; to redresse which grievances alone these lawes were made by the parliaments and peoples earnest solicitations , much against the kings good will. the parliament then ( who would never solicit the making of a law against , or to restrain it selfe ) being cleare out of the originall ground and mischiefe of enacting these lawes , and the king , with his ministers , and inferiour courts only within them ; they can no way extend to the parliament , but to them alone . . the parliament , ever since the making of these acts , hath alwayes constantly enjoyed an absolute right and power , without the least dispute , of granting and imposing on the subjects whatsoever taxes , subsidies , aids confiscations of goods , or restraint of liberty by temporall or perpetuall imprisonment , it thought meet and necessary for the publike defence , safety , and tranquility of the realm , as the severall taxes , subsidies , and poll-monies granted by them in all ages , the many statutes enjoyning confiscation of lands , goods , corporall punishments , banishments , temporary or perpetuall imprisonments , for divers things not punishable , nor criminall by the common law , or when magna charta , and the ancient statutes in pursuance of it were first enacted , abundantly evidence past all contradiction : none of all which the king himselfe , his officers , judges , or inferiour courts of justice can doe , being restrained by the objected acts. therefore it is altogether irrefragable , that the parliament and houses are neither within the words or intentions of these acts , nor any wayes limited or restrained by them , but left as free in these particulars ( in order to the publike good and safety ) as if those acts had never beene made , though the king , with all other courts , officers , subjects , remaine obliged by them . . this is evident by examination of the particular statutes objected : the first and principall of all the rest is magna charta , cap. . but the very words of this law : nor we shall not passe upon him , nor condemne him , but by the lawfull judgement of his peeres , or by the law of the land : we shall deny nor deferre to no man either justice or right , compared with the preface to , and first chapter of it , henry , &c. know ye that we , &c. out of meere and free will , have given and granted to all archbishops , bishops , e●rles barons , and to all free men of this our realm of england , and by this our present charter have confirmed for us and our heirs for evermore , these liberties underwritten , to have and to hold to them , and their heirs , of us and our heirs for evermore , &c. ( together with the whole tenour and title of this charter , and the two last chapters of it ; ) all those customs , and liberties aforesaid which we have granted to be holden within our realme , as much as appertaineth to us and our heirs , we shall observe . and for this our gift and grant of those liberties , &c. our subjects have given us the fifteenth part of all their moveables : and we have granted to them on the other part , that neither , we nor our heirs shall procure or doe any thing , whereby the liberties in this charter contained shall be infringed or broken ; we confirme and make strong all the same for us and our heirs perpetually . ( not the parliament ) all these , i say , infallibly demonstrate , that this statute of magna charta , did never extend unto the parliament to restraine its hands or power , but onely to the king , his heirs , officers , courts of justice , and particular subjects . so that the parliaments imprisoning of malignants , imposing taxes for the necessary defence of the realm , and seizing mens goods , or imprisoning their persons for non-payment of it , is no wayes within the words or intent of magna charta , as royallists and malignants ignorantly clamour ; but the kings , his officers , councellours , and cavalliers proceedings of this nature are cleerly most direct violations of this law. and that which puts this past dispute are the severall statutes of . edward . cap. . statute . . edward . cap. . edward . cap. . . edward . cap. . . richard . cap. . and the petition of right it self , all which expresly resolve , that this very objected law of magna charta , extends onely to the king himselfe , his privy councell , judges , justices , officers , and inferiour courts of justice , but not unto the supream court of parliament , which no man ( for ought i finde ) ever yet held , to be absolutely obliged by it , before the kings late recesse from parliament . the next statute is that of . edward . cap. . no tallage nor aid shall be taken or leavied by us and our heirs ( not the parliament ) in our realme , without the good will and assent of the archbishops , bishops , earls , barons , knights , burgesses , and other free men of the land ; which the statute of * . edward . thus explains , but by the common consent of the realme . the statute of . edward . cap. . and statute . cap . thus , if it be not by common consent of the prelatos , earles , barons , and other great men and commons of our said realme of england , and that in parliament . the statute of . edward the third , cap. . thus . if it be not by common consent and grant in parliament . the statute of . edward the third , cap. . thus , that no subsidie nor other charge be set nor granted upon the woolls by the merchants , nor by none other from henceforth without the assent of the parliament . the statute of . edward . cap. . thus , it is accorded and stablished , that no imposition or charge shall be put upon woolls , woollfels , or leather , oth●r then the custome and subsidie granted to the king , without the assent of the parliament , and if any be , it shall be repealed and holden for none . and the petition of right , . caroli , thus , by which statutes , and other good statutes of this realm , your subjects have inherited this freedom , that they should not be compelled to contribute any taxe , tallage , custome , aide , or other like charge , not set by common consent in parliament . now it is as evident as the noonday sunshine , that these acts onely extend to the king , his heirs , councell , officers , inferiour courts , and private subjects onely , and that the parliament is precisely excepted out of the very intent and letter of them all , having free power to impose on the subjects what aids , taxes , tallages , customes , and subsidies they shall deem meet , by the expresse provision of all these laws , concerning the granting and imposing of subsidies , therefore by the direct resolution of these acts , the kings , his councellors present contributions , assessements , and ransoms imposed on the subjects are illegall , against the letter and provision of all these acts ; but the parliaments and houses lawfull , approved and confirmed by them . true , will royallists and malignants answer ( who have no other evasion left but this ) if the king were present in parliament , and consenting to these contributions and taxes of the twentieth part , there were no doubt of what you alleage ; but because the king is absent , and not only disassents to , but prohibits the payment of this or any parliamentary assessments by his proclamations , therefore they are illegall and against these laws . to which i answer , first , that the king by his oath , duty , the ancient custom and law of the land ought of right to be alwayes present with his parliament ( as he is now in point of law ) and not to depart from it but in cases of urgent necessity with the houses free consents , and then must leave * commissoners , or a deputy to supply his absence . this is not onely confessed , but proved by a booke lately printed at oxford . ( with the kings approbation or permission ) intituled , no parliament without a king , pag. . to . where by sundry presidents in all kings reignes it is manifested , that kings were , and ought to be present in their parliaments , which i have * formerly cleared . if then the king , contrary to these presidents , his oath , duty , the laws and customs of the realme , the practice of all his progenitors , the rules of nature ( which prohibit the head to separate it selfe from the body ) and will ( through the advice of malignant councellours ) withdraw himselfe from his parliament ; yea , from such a parliament as himselfe by a speciall act hath made in some sort perpetuall , at the houses pleasure ; and raise an army of papists , delinquents , malignants , and such like against it , and that purposely to dissolve it , contrary to this very law of his for its continuance : why this illegall tortious act of his ( paralleld in no age ) should nullifie the parliament , or any way invalid its impositions or proceedings , for their own , the kingdoms , peoples , and religions preservation ( all now indangered ) transcends any reasonable mans capacity to apprehend . . the right and power of granting , imposing , assenting unto assessements , taxes , subsidies , and such like publique charges in parliament , for the publique safety , rests wholly in the commons and lords , not king ; and is their owne free act alone , depending no waies on the kings assent , nor necessarily requiring his personall presence in parliament . this is evident : first by the expresse letter of the forecited acts ; no subsidy , tax , ayde , talleage , or custome shall be set , granted , taken or leavied , but by common consent and grant of the prelates , earles , barons , knights , burgesses , and other free men of the realme in parliament ; or without the assent of the parliament : so that their * grant and assent in parliament , ( not the kings ) is the onely thing that makes them legall and binding to the subject . now both houses have granted , ordered , and assented to this assessement , exceeding not the twentieth part of mens estates ; and given order for the leavying of it , and that for the parliaments , kingdomes , religions , necessary defence and preservation . therefore it is obligatory and legall , though the king himselfe consent not , or disassent thereto , ( especially as the present condition of things stands ) even by the very letter of these acts . secondly , this is apparent by the letter of all our publique acts , for the granting of subsidies , ayds , tenths , fifteenes , taxes , customes , tonnage , poundage , or any such like impositions in and by parliament , either by the temporalty or clergy : which acts runne usually in this manner . * the commons of this realme have granted for defence of the said realme . and especially for the safegard and custody of the sea , a subsidy , a subsidie called tonnage , &c. * the prelates , earles , barons , and all the commons of the realme willingly and with one assent have granted the ninth lambe , ninth sheafe , and ninth fleece , &c. and of cities and burroughs the ninth part of all their goods and chattels , &c. in aide of the good keeping the realme as well by land as by sea , &c. * we your poore commons desire your excellent majesty willingly to accept and receive these our poore grants hereafter following , as granted of free hearts and good wils , as the first-fruits of our good wils and hearts , &c. by the advice and assent of the lords spirituall and temporall , give & grant , for the defence of your realm , and the keeping and safegard of the seas , &c. one subsidy called tonnage , &c. * the prelates and clergy , &c. as a speciall and significant testimony of their loyall affection , &c. with one affection and uniforme consent have given & granted foure whole and intire subsidies . * we your commons assembled in your high court of parliament , humbly present your majesty with the free & cheerfull gift of two intire subsidies , &c. all subsidies and taxes then being the free gift of the commons , clergy and peeres in parliament , and that onely for the defence of the kingdome by sea and land ; it is infallible , that they do , may and can oblige themselves , and those they represent , to pay such publike taxes , to this end , without the kings concurrence . thirdly , this is cleare by considering , that the commons and lords in parliament have alwaies had : * . an absolute right and power to grant or deny taxes , subsidies , aydes and assistance as they saw occasion . . to proportion the aydes and subsidies granted . . to limit the certaine manner , waies , and times of paying and levying them ; and the persons who shall either pay , assesse , collect , receive , or disburse them . . the ends and uses to which they should be imployed when leavied , debarring the king oft times ( when they saw cause ) of any power at all to receive or dispose of them , appointing collectors , and treasurers of their owne to receive and issue them out againe , by the advice and directions of these , as themselves prescribed ; for which i shall give you some few instances of note , in lieu of many more , that might be remembred . * anno . being the yeere of henry the third , the parliament after many contestations with the king for his fraud , oppressions , favouring of aliens , &c. to the kingdomes detriment ; the king by oath promising amendment , granted unto him the thirtieth part of all their moveables ( excepting ready money , horse , and armour ) to be imployed for the common wealth , and benefit of the realme ; with this condition often annexed , that the king should leave the counsell of aliens , and onely use that of his naturall subjects . and for more security it was ordained , that foure knights of every shiere , and one clerke of the kings in every severall shiere , shall upon their oathes collect , receive and deliver the said subsidy either into some abbey or castle , to be safely reserved there , and disposed of for the benefit of the king and kingdome , by the view and counsell of the earle warren or others , when there should be need : or otherwise if the king failed in performance of his promises and grants , it ought to be faithfully restored and distributed to the country whence it was collected . * in the . yeere of king edward the . anno . the parliament ( not daring to trust this prodigall mis-counselled king with moneys ) instead of subsides , granted him an aide of armed men against the scots : london set forth . canturbury . saint albanes . and so all other burroughs and cities according to their proportion , whereby a great army was leavied . the parliaments of e. . c. . . stat. . & stat. . c. . e. . parliament & . ( forecited at large , part . . p. . . ) h. . num. . jac. c. . particularly direct how the subsidies granted shall be disposed of by certaine nobles and others , whom they nominate , and appoint treasurers to receive and issue them to the ends for which they granted them , prescribing them an oath to issue none of them to other purposes , or in any other maner then they prescribed . yea the acts of former parliaments , and this present concerning tonnage , poundage , polemoney , and subsidies , frequently do the like . therefore the granting and disposing of those taxes , aydes , subsidies rests wholly in the commons , and lords ; and no waies on the king , who commonly desires the parliament to grant them . fourthly , this is further evidenced , by the kings usuall answer and assent unto such bills as these : * le roy remercy ses loaulx subjects accept lour benevolence , & auxy le veult ; taking it wholly as a free grant from them ; which assent in this case is rather formall then substantiall , it being the commons and lords owne consent only to bils of this nature , not the kings , that make the taxes and impositions binding as the forecited statutes , the petition of right caroli ; * fortescue , and our lawbookes resolve , and i have elsewhere manifested more at large . therefore the want of the kings assent , or disassent to the parliaments present assessement for the kingdomes necessary defence in the present extremity ( when the king not onely wilfully absents himselfe from , but hath raised armes against the parliament ) is not materiall nor simply necessary in point of law , though usually requisite and necessary for formality sake , at other seasons , to compleat such acts ; since sepenumero necessitas vincit legem , & quod necessarium est , licitum est ( as this assessement now is ) though all formalities be not punctually observed ; as is resolved in dormers case . cooke l. . f. . b. fiftly , it is undeniable , that the knights , citizens , burgesses , and commons in parliament , elected by the suffrages of the severall counties , cities , and burroughs of england , do * really and legally represent all the commons ; and the lords and they the whole realm , and all the people of england : so that what ever tax is imposed and assented to by them , or by both houses onely without the king ( who represents no man but himselfe alone ) is in point of law imposed and assented to by all the commons , and whole realm of england , ( as the recitals in all our statutes , and law-bookes resolve ) though the king assent not to it , if therefore ( as our * law-books clearely resolve without dispute , and the experience of all corporations , parishes , and mannors evidenceth past contradiction ) all ordinances and bylaws made for the common good of corporations , parishioners , tenants of a mannor , and the like , by all or the greater part of the corporations , parishioners , tenants , and taxes imposed by them for the common good ( as repairing of churches , high-waies , bridges , reliefe of the poore , and the like ) shall binde the rest : even in point of law , without the kings assent . then by the same , or better reason , the impositions and taxes now laid upon the subjects by the assent and ordinances of both houses of parliament , representing the whole commons and realme of england ( who actually assent likewise to these taxes and assessements in and by them ) must and ought in point of law to oblige all the subjects in this case of necessity , ( at least as long as the parliament continues sitting , and this their representation of them remains entire ; ) especially being for the necessary defence of the parliament , kingdome , religion , all our lives , estates , liberties , lawes , against an invading army of papists and malignants , in a case of extraordinary extremity . this i shall further cleare by some ancient and late judgements in point . mich. ed. . rot . . in the kings bench william heyborne brought an action of trespasse against william keylow , * for entering his house and breaking his chests , and taking away pounds in money ; the defendant pleading , nor guilty , the jury found a speciall verdict : that the scots having entred the bishopricke of durham with an army , and making great burning and spoyles , thereupon the commonalty of durham , whereof the plantiffe was one , met together at durham , and agreed to send some to compound with them for a certaine summe of money to depart the country , and were all sworne to performe what compositions should be made , and to performe what ordinance they should make in that behalfe ; and that thereupon they compounded with the scots for markes . but because that was to be paid immediately , they all consented , that william keylow the defendant and others , should goe into every mans house to search what ready money was there , and to take it for the raising of that summe and that it should be suddenly repaid by the communalty of durham : and that thereupon the defendant did enter into the plaintiffs house , and broke open the chest , and tooke the seventy pounds , which was paid accordingly towards that composition . and upon a writ of error in the kings bench , it was adjudged for the defendant against the plaintiffe , that the action did not lie , because he himselfe had agreed to this ordinance , and was sworne to performe it , and that the defendant did nothing but what he assented to by oath ; and therefore is accounted to doe nothing but by his consent , as a servant to him and the commonalty of durham ; therefore he was no trespasser . which case was agreed for good law by all the judges , in the late case of ship-money argued in the exchequor chamber ; though neither king nor parliament consented to this taxe or composition . this is the parliaments present case in effect : the king having raised an army of papists , delinquents , forraigners , irish rebels , disaffected persons , and actually invading the kingdom and parliament with it ; hereupon the parliament were inforced to raise an army to defend themselves and the realm against these invasions ; for maintenance whereof , they at first made use onely of voluntary contributions and supplies ; proceeding onely from the liberality of some private persons , best affected to the publike service ; which being xehausted , the lords and commons considering what a sol●mne covenant and protestation themselves had made and taken , and the subjects likewise throwout the realm , to maintain and defend , as farre as lawfully they might with their lives , power and estates , the true reformed protestant religion , &c. as also the power and priviledges of parliament , the lawfull rights and liberties of the subject , and every person that maketh this protestation , in whatsoever he shall do in the lawfull pursuance of the sam● &c. as in the protestation ( made by both houses consents when fullest : ) and considering that the whole commons and kingdoms assents were legally and actually included in what they assented in parliament , for the necessary defence of the realm , the subjects , parliaments priviledges , rights , and the reformed religion ( all actually invaded , endangered ) by an ordinance of both houses , without the kings consent ( then absent from , and in open hostilitie against them ) impose a generall assessement upon all the subjects , not exceeding the twentieth part of their estates ; and for non-payment prescribe a distresse , &c. why , this assessement in this case of necessitie , being thus made by assent of both houses ( and so of all the kingdom in them ) in pursuance of this protestation , should not as legally , yea more justly o●lige every particular subject , though the king assented not thereto , as well as that agreement of the men of durham , did oblige them even in point of law , justice , conscience , transcends my capacitie to apprehend : and if the first case be law , as all the judges then , and of late affirmed , the latter questionlesse must be much more legall , and without exceptions , a m. . and . eliz. in the kings bench , in the chamberlain of londons case , it was adjudged , that an ordinance made by the common councell of london only , that all clothes should be brought to blackwell-hall , to be there veiwed , searche● , and measured , before they were sold , and that a penny should be paid for every cloth for the officer that did the same , and that six shillings eight pence should be forfeited for every cloth , not brought thither and searched ; was good to binde all within the citie , and that an action of debt would lye at the common law , both for the duty , and forfeiture , because it was for the publike benefit of the city and common-wealth , b m. . eliz. in the common-pleas , it was adjudged in clerks case ; that an ordinance made by assert of the burgesses of saint albanes , whereof the plaintiffe was one , for assessing of a certain summe of money upon every inhabitant , for the erecting of courts there ( the term being then adjourned thither from london , by reason of the plague ) with a p●nalty to be●l●●yed , by distresse , for non-payment of this tax , was good to binde all the inhabitants there , because it was for the publike good . c mich. . and . eliz. in the kings bench , william jefferies case , and pasch . . eliz. pagets case , it was resolved ; that the church-wardens with the greater part of the parishioners assents , may lay a taxe upon all the parishioners , according to the quantitie of their lands and estates , or the number of acres of land they hold ( the taxe there was four pence an acre for marsh-land , and two pence for earable ) for the necessary reparation of the church ; and that this shall binde all the inhabitants , so as they may be libelled against in the spirituall court for non-payment thereof , and no prohibition lieth . the like hath been resolved in sundry other cases . and , by the common-law of england where by the breach of d sea-walls , the country is , or may be surrounded , every one who hath lands within the levell or danger , which may have benefit , or losse , by the inundation , may and shall be enforced to contribute towards the repair , and making up of the sea-walls , and a reasonable tax assessed by a jury , or the major-part shall binde all the rest , because it is both for their own private , and the common good . if the law be thus unquestionably adjudged in all these cases , without the kings assent , then much more must this assessement imposed by both houses be obligatory , in point of law and justice , though the king consented not thereto , since the houses , and whole kingdom consented to it , for their own defence and preservation . sixthly , this is a dutie inseparably incident by the fundamentall law , and originall compact of every kingdom , citie , corporation , company or fraternitie of men in the world ; that every member of them should contribute proportionably upon all occasions ( especially in cases of imminent danger ) toward the necessary charges , defence , and preservation of that kingdom , citie , corporation , company , or fraternitie , of which he is a member , without which contribution , they could be neither a kingdom , citie , corporation , company , fraternitie , or have any continuance , or subsistence at all ; which contributions are assessed by parliaments in kingdoms , by the aldermen , or common-councell in cities , by the master and assistants in fraternities , and what the major part concludes , still bindes the residue , and the dissent of some ( though the major , or master of the company be one ) shall be no obstacle to the rest . this all our acts concerning subsidies , aydes , tonnage and poundage the daily practice and constant experience of every kingdom , citie , corporation , company , fraternitie in the world , manifests past all contradictions ; which being an indubitable veritie , i think no reasonable man can produce the least shadow of law or reason , why the parliament representing the whole body of the kingdom , and being the supream power , counsell , in the realm ; bound both in dutie and conscience , to provide for its securitie , may not in this case of extremitie legally impose this necessary tax , for their own , the kingdoms , subjects , laws , religions preservations ( of which they are the proper judges , gardians ) and should not rather be credited herein then a private cabinet court-counsell of persons disaffected to the republike , who impose now farre greater taxes on the subjects , and plunder , spoyl , destroy them every where directly against the law , of purpose to ruine both parliament , kingdom , religion , laws , liberties , and posteritie . seventhly , it is confessed by all , that if the king be an infant , non-compos , absent in forraign remote parts , or detained prisoner by an enemy , that the kingdom or parliament in all such cases , may without the kings actuall , personall assent , create a protector or regent of their own election , and not onely make laws , but grant subsidies , impose taxes , and raise forces for the kingdoms necessary defence , as sundry domestick and forraign presidents in the preceding e parts , and appendix , evidence ; and f hugo grotius , g junius brutus , with other lawyers acknowledge as a thing beyond all dispute . nay , if the king be of full age , and within the realm , if a forraign enemy come to invade it , and the king neglect or refuse to set out a navy , or raise any forces to resist them , the lords and commons in such a case of extremitie , may , ( and are bound in law and conscience so to do ) for their own , and the kingdoms preservation , not onely in and by parliament , but without any parliament at all ( if it cannot be conveniently summoned ) lawfully raise forces by sea and land , to encounter the enemies , and impose taxes and contributions to this purpose on all the subjects by common consent , with clauses of distresse and imprisonment in case of refusall , as i have elsewhere proved . and if in case of invasion , even by the common-law of the realm , any captains or souldiers may lawfully enter into another mans ground and there encamp , muster , or build forts to resist the enemy , or pull down the suburbs of a citie , to preserve the citie it self , when in danger to be fired or assaulted by an enemy , without the speciall consent of king , parliament , or the owners of the lands , or houses , without h trespasse or offence , because it is for the publike safetie , as our law books resolve ; then much more may both houses of parliament , when the king hath through the advice of ill councellors wilfully deserted them , refused to return to them , and raised an army of papists and malignants against them and the realm ( now miserably sacked and wasted by them , as bad as by any forraign enemies ) both take up arms , raise an army , and impose assessements and contributions by ordinances , unanimously voted by them , against which no lover of his country , or religion , no nor yet the greatest royallist , or malignant , can with the least shadow of law or reason , justly except . eightly , if they shall now demand what presidents there are for this ? i answer : first , that the parliament being the soveraign power and counsell in the realm , is not tyed to any presidents , but hath power to make new presidents , as well as new laws , in new cases and mischiefs ; where there are no old presidents , or vary from them though there be ancient ones , if better and fitter presidents may be made ; as every * court of justice likewise hath power to give new judgements , and make new presidents in new cases , and may sometimes swerve from old presidents , where there were no ancient presidents to guide them ; even as physitians invent new medicines , chyrurgions new emplaisters for new diseases , ulcers , or where old medicines and balsomes , are inconvenient , or not so proper as new ones . and as men and women daily invent and use new fashions at their pleasure , & tradesmen new manifactures without licence of king or parliament , because they deem them better or more comely then the old . secondly , i might demand of them , by what old domestick lawfull presidents , his majesties departure from the parliament , his levying warre against it , his proclaiming many members of it , i traytors , and now all of them traytors and no parliament ; his unvoting of their votes in parliament , out of parliament ; his imposing of taxes and contributions in all countries where his forces are , beyond mens estates , and annuall revenues ; his burning , sacking , pillaging , murdering , ruining , of his own kingdom , subjects , both by sea and land , and putting them out of his regall protection ; his raising of an army of english , irish , scottish , french , and germane papists to maintain and settle the protestant religion among us , ( which they have plotted totally to extirpat● , as appears by their proceedings in ireland , england , and the late plot discovered among the archbishops papers ) and the like , are warranted ? ( which questions i doubt would put them to a non-plus , and silence them for eternitie : ) yet to satisfie their importunitie , and stop their clamorous mouthes ; i shall furnish them in brief , with some presidents in point in all states , and kingdoms of note in former , in latter times , and in our own realm too ; in all the civill warres between kings and subjects , in the romane and germane empires , france , spain , aragon , castile , hungary , bohemia , poland , denmark , scotland , and other kingdoms mentioned in the appendix ; they shall finde that the generall assemblies of these states , lords & commons , without their emperors or kings assents , did both raise forces , impose taxes , yea , and seise on the imperiall and royall revenues of the crown to support their wars , against their tyrannicall oppressing princes . in * flaunders heretofore , and the low-countries of late yeers , th●y have constantly done the like ; as their excises long since imposed , and yet on foot by common consent ( without the king of spains good liking ) to preserve their liberties , religion , estates , from the spanish tyranny , witnesse ; which every one willingly at the very first imposition , and ever since hath read●ly submitted to , being for the publike preservation . the like hath been done in former ages , and within these five yeers in the realm of scotland ; the same is now practised even without a parliament by the popish rebels both in ireland and england , who have laid taxes upon * all ireland , and all the romanists in england , for the maintenance of this present rebellion ; and yet neither king , nor his counsell , nor royallists , nor malignants ( for ought i can read or hear ) have ever so much as once written or spoken one syllable against it , when as many large declaration ; proclamations , inhibitions in his majesties name , and at least fortie severall pamphlets have been published by malignants against this assessement of the parliament , and the levying , or paying thereof , strictly prohibited under pain of high treason ; such a grand difference is there now put by the royall court-partie ( to the amazement of all intelligent men ) between the irish rebels , ( now the kings best subjects as it seems ) who may do what they please without censure or restraint ; and the english ( now un-parliamented ( parliament , though perpetuated by an act of parliament ) who may do nothing for their own , or the kingdoms safety , but it must be high treason at the least . o temporâ ; ô mores : quis 〈◊〉 fando temp ret a lachrymis ? adde to this , * that the lords justices and councell in ireland , the twenty nine of june , . have without authoritie of parliament or king , for their present necessary defence , against the popish rebels there , imposed an excise upon most commodities in that realm , here lately printed ; which no man can deem illegall in this case of absolute necessitie . but to come close home unto our selves ; who is there that knows ought in historie and policie , but must needs acknowledge , that the brittains and saxons warres of this realm , against their oppressing kings , * archigallo , emerian , vortigerne , sigeb●rt , osred , ethelred , beornard , leowulfe , edwine , ( whom they deposed for their tyranny and mis-government ; ) that our barons long-lasting bloody warres against king john , henry the third , edward the second , richard the second , and others fore-mentioned ; were maintained by publike assessements and contributions made by common consent , even without a parliament , and with the revenues and rents of the very crown , which they seised on , as well as the castles and forts ? this being a true rule in law , qui sentit commodum , sentire debet & onus ; all the kingdom had the benefit , of regaining , preserving , establishing their fundamentall charters , laws , liberties , by those warres ; therefore they deemed it just , that all should bear a share in the charge and burthen , by voluntary assessements without king or parliament . during the absence of king edward the third in france ; the a lords and commons in parliament , for the defence of the realm by sea and land , against forraign enemies ; granted an ayde of the ninth sheaf , lamb , and fleece , besides many thousand sacks of wooll , and the ninth part of other mens estates in towns and corporations , and disposed both of the money and militia of the realm , for its defence , as you heard before : the like did they during the minorities of king henry the third , king richard the second , and king henry the sixth , as the premises evidence , without those kings personall assents . b anno dom. . richard king of romans coming with a great navy and army of germans , and forraigners , to ayd his brother , king henry the third , against the barons ; thereupon , the barons sent out a fleet to encounter them by sea , and prepared a strong army of horse and foot by land , that if they prevailed against them at sea , ( which they feared not , ) yet they might valiantly and constantly entertain and repulse them , on the shore and dry land ; which the king of romans being informed off , disbanded his forces , and came over privately with three knights onely attending him . this was done without the kings assent , and yet at publike charge . when c king richard the first was tak●n particular by the emperour in his return from the holy land , by authority of the kings mother , and the kings justices alone ( without a parliament ) it was decreed , that the fourth part of all that yeers rents , and of all the moveables , as well of the clergy , as of the laity , and all the woolles of the abbots of the order of the cistersians , and of semphringham , and all the gold and silver chalices , and treasure of all churches should be paid in , toward the freeing and ransome of the king ; which was done accordingly . if such a taxe might be imposed by the queen mother , and justices onely , without a parliament , for ransoming the king alone from imprisonment , may not a taxe of the twentieth part onely of mens estates be much more justly imposed on the subjects by an ordinance of both houses in parliament without the king , for the defence and perservation , both of the parliament and kingdom to , when hostily invaded by the king ? in few words , the king and his councell , yea his very commanders , ( without his speciall commission or advice ) have in many countries imposed large monethly , weekly contributions and assessements on the people , beyond their abilities and estates ; yea , upon the very speaker and members of the commons , and lords house , ( notwithstanding their priviledges of parliament , which they say they will maintain ) to the utter impoverishing , and ruining of the country ; yea , they have burned , sacked , plundered , many whole towns , cities , counties , and spoiled thousands of all they have , contrary to their very promises , articles , agreements , which they never faithfully observe to any in the least degree ; and all this to ruine the kingdom , people , parliament , and religion ; yet they justifie these their actions , and the parliament , people , must not controule , nor deem them traytors to their country for it : and may not the parliament then more justly impose a moderate in-destructive necessary taxe without the king , for the kingdoms , religions , and peoples defence and preservations , against their barbarous taxes , plunderings , and devastations , then the king , or his commanders , souldiers play such rex , and use such barbarous oppressions without , yea against the parliaments votes and consents ? let them therefore first cease their own most detestable unnaturall , inhumane practises , and extortions of this nature , and condemn themselves , or else for ever clear the parliament , from this unjust aspersion . the last objection against the parliament is , that they have illegally imprisoned , restrained , plundered some malignants , and removed them from their habitations , against magna charta , the fundamentall laws forenamed , and the liberty of the subject , contrary to all presidents in former ages . to which i answer , first , that the objectors and kings party are farre more guilty of this crime , then the parliament , or their partisans , and therefore have no reason to object it , unlesse themselves were more innocent then they are . secondly , for the parliaments imprisoning of men pretended to be against magna charta : i answer first , that the parliament is not with in that or any other law against imprisonments , as i have formerly cleered ; therefore is not obliged by it , nor can offend against it : secondly , that it hath power to imprison , restrain the greatest members of their own houses * though priviledged men , exmept from all other arrests ; and publike persons representing those that sent them thither : therefore much more may they imprison , or restrain , any other private persons , notwithstanding magna charta . and the parliament being the supreamest judicaturo paramount all other courts , their commitments can not be legally questioned , determined , nor their prisoners released by habcas corpus , in or by any other inferior court or judicature whatsoever . . the parliament hath power to make new laws for the temporall and perpetuall imprisonment of men , in mischievous cases , where they could not be imprisoned by the common law , or any other act before or since magna charta ; and so against the seeming letter of that law w ch extends not to the parliament ; and what persons they may restrain , imprison by a new enacted law , though not restrainable before by magna charta , or the common law , without breach of either , they may whiles they sit , in case of publike danger , restrain , imprison , by their own authoritie , without , or before a new law enacted . in how many new cases , by new statutes made since magna charta , the subjects may be lawfully imprisoned , both by judges , justices , majors , constable , and inferiour courts or officers ; whereas they could not be imprisoned by them , by the common law , before these acts , without breach of magna charta , and violating the subjects liberties , you may read in the table of rastals abridgements of statutes , and in ashes tables . title imprisonment , and false-imprisonment ; yea , by the statutes of . h. . cap. . . h. . cap. . . h. . cap. . . eliz. cap. . . and . phil. mary , cap. . . and . e. . cap. . . eliz. cap. . with other acts , perpetuall imprisonment , during life , is inflicted in some cases , for which no imprisonment at all could be prescribed before these acts , and for crimes , for which the parties were not formerly punishable ; yet for the publike weale , peace , safety , and prevention of private mischiefs , even against the letter ( as it were ) of the great charter the parliament hath quite taken away all liberty , the benefit of the common law , and of magna charta it self , from parties convicted of such offences , during their naturall lives ; and if they bring an habeas corpus in such cases , pretending their perpetuall imprisonment , and these latter laws to be against magna charta , they shall notwithstanding be remanded and remain prisoners all their dayes , because the parliament is above all laws , statutes , yea magna charta ; and may deprive any delinquents of the benefit of them , yea , alter or repeal them , for the common good , so farre as they see just cause ; though neither the d king , nor his counsell , nor judges , nor any inferiour officers , or courts of justice , have any such transcendent power , but the parliament alone , to which all men are parties , really present , and allowing all they do ; and what all assent to , decree for the common good and safetie , must be submitted to by all particular persons , though never so mischievous to them ; this being a fundamentall rule even in law it self e that the law will rather suffer a private mischief , then a generall inconvenience . seeing then the parliament to prevent publike uproars , sedition , treachery , in or against the kingdom , cities , houses , or counties , where factious persons live , hath thought meet to restrain the most seditious malignants , ( especially these about london and westminster where they sit ) and to commit them to safe custody , till they receive some good assurance of their peaceable behaviour ; they must patiently suffer their private restraints for the common safety , tranquility , till the danger be past , or themselves reformed ; who if they reform not their own malignity , not the parliaments cautelous severity , themselves must be blamed , since they detain themselves prisoners only by not conforming , when as the parliament desires rather to release , then restrain them , if they would be regular ; and so they must blame themselves alone , not clamour against the houses . all leprous persons by the f leviticall and g common law , were to be sequestred and shut up from others , least they should infect them ; and so all persons visited with the plague by late h statute laws may be shut up , without breach of magna charta . why then not malignant , seditious ill affected persons , who infect others in these times of commotion and civill warres , as well as leapers and plague sick persons , removed into pest-houses , for fear of spreading the infection upon the self-same grounds , by the houses authority ? the parliament by an ordinance , act , or sentence , hath power to banish men out of the kingdom in some cases ( which no other court , nor the h king himself can lawfully d● , as was expresly re●olved in parliament , upon the making of the s●atute of . eliz. cap. . ) as is evident by the case of thomas of weyland , an. . e. ; of i p●irce gavaston and the two spencers in king haward the second his raign . of the lord k maltrav●rs in edward the third his raign ; of l b●lknap and divers , over judges in the and y●ers of richard . his reign , by the statutes of . el. c. . s●paratist● , 〈…〉 . el. c. . r●gues are to be banished : and in m calice heretofore , a woman might be justly banished the town for adult●ry ; and a scould at this day after three convictions is to be banished out of westminster , and rowed ov●r the thames from thence thorough the water at the tayl of a boat , for the quiet of the city . then much more may any private seditious turbulent malignants ●e justly restrained to some safe places where they may do no harme , till the warres and troubles be ended , or themselves re●laimed . fifthly , by the n common and statute law of the realm , yea by n magna charta it self , cap. . the lands , rents , goods , and persons of priors , and other aliens , merchants , or others , residing in england may be , and have been usually seized or , and s●cured , or else their persons banished the realm , and borders of england , during the warres with others of that nation , l●ast they should assist them in the warres with their estates , persons , or intelligences , or betray the kingdom , or pl●ces where they resided to the enemy ; and upon this ground by the expresse statutes of . h. . cap. . . . h. . cap. , . . h. . cap. . . h. . cap. . . h. . cap. . the irish , brittains , welshmen , and scots , because we had frequent warre , with them , were not permitted to purchase either houses or lands , or to remain in any fort , town , or city , neer the borders of scotland , or w●l●s , but banished thence , and their goods and persons , seised on in times of warre , to prevent treachery , intelligence , and assistance of the enemy . a thing generally practised and warranted in all states and kingdoms , ( as well as in england , ) by the very law of nations , as just and necessa●y in times of warres ; as martinus laudensis de r●praesaliis & de bello , henricus ranzovius his commentarius bellicu● , ge●rgius obbrectus : disput : juridca de bell● , henri●us boc●rus de jure pr●gnae ▪ hung● grotius , & albericus gentilis , in their books de jure belli , and all historians evidence : therefore lawfull for the parliament to practise at this present , as well as the king , or any others . sixthly , in times of forraign invasions , the parliament hath enjoyned all inhabitants neer the sea-coasts or marches of scotland and wales , to repair to their houses and lands there , with all their families , for the defence and saf●tie of the realm , under pain of imprisonment , and confiscation of their goods , and revenues there , and elsewhere , as is evident by . e. . nu . . parl. . and parl. . n. . . eliz. ● . the * statutes confining papists to their houses ▪ and sundry other presidents . the●efore by like reason they may confine malignants in times of warre , for the publike peace and safetie , and disarme them to for a time ; a constables may by the law , disarme and imprison peace-breakers , fray-makers , riotors , and others to prevent bloodshed , quarrels , and preserve the publike peace . thirdly , for the plundering of malignants , and sequestring their estates ; i answer , that , i think the parliament never yet approved the plundering ( or in plain english , robbing ) of any man , by any of their forces ; they having plundered no places taken by assault , for ought i hear ; though the kings forces on the contrary , have miserably plundered all the kingdom almost , ( except the papists who are most exempted from this rapine , and some few , chief malignants , ) yea , those very persons , souldiers , cities , towns , which by their very articles of surrender , were not to be plundered ; ( witnesse , taunton , bridgewater , bristol , gainsborow , where many have been pillaged to their naked skins , notwithstanding their ariticles of agreement , solemnely sworn , to depart quietly with bag and baggage , without interruption , and the towns to be free from plunder ) contraty to the very * law of warre , and arms ; which may instruct all others not to trust them henceforth . if any of the parliaments forces have misbehaved themselves in plundering any malignants or disaffected persons , more then by seifing of their arms , distraining their goods for imposed assessements ; or sequestring their plate , moneyes , estates , for the publike service upon promise of repayment and restitution ; i know the houses have publikely , by expresse ordinances , inhibited , disavowed the fact , and exposed the disorderly delinquents to condigne punishments , even to the losse of their lives , if any please to prosecute them by way of inditement or martiall law. for my part i abhorre all violence , plunder , rapine , and disorders in souldiers , as contrary to the law of god , obadiah . to . luke . . and leave those who are guiltie of them to the severest publike justice , as offenders against the o law of nature , of nations , of the land , yea , of warre it self : but god forbid the parliament should be unjustly charged with all the misdemeanours of their souldiers , which they prohibit , detest , censure ; more then the king with all the barbarous rapes , murthers , cruelties , rapines , and monstrous insolencies , which his cavaliers every where perpetrate without punishment or restraint ; especially the blood-thirsty irish popish rebels among them : who having shed so much english protestants blood in ireland , ere they came over hither , of which they vaunt , is such an high dishonour to god , and the english nation , if their own blood be not shed for it by the hand of vengeance here ; that i wonder with what face or spirit , his majestie or any english protestant can patiently suffer these irish rebels to shed any more protestant english bloud , breath in english ayre , who have cut the throats of so many thousand innocent english , both here and elsewhere , and are like to cut all our throats ere long ( as they have designed ) unlesse their throats be first cut by us . but yet for the plundering of such malignants goods , and houses , who are opposite to the whole kingdom and parliament , and will not joyn with them in the common cause , which concerns us all ; as it hath sundry p patterns in the barons warres , against the poictovines and their faction , in henry the third his raign , and afterwards against the spensers , in edward the second dayes formerly touched ; so it hath one observeable generall resolution of the whole body of the lords and commons , warranting it in king johns raign , even then when they all took up armes to enforce him to confirm the great charter it self , which our opposites cry out to be violated by the parliaments moderate seisures , onely by way of distresse or sequestration : q for the barons , knights , and commons , with their whole army being m●t t●gether in london , which joyned with them to gain this charter from the king ; sent from thence letters to all the earls , barons , and knights throughout england , who seemed ( though but fainedly ) to adhere to the king , exhorting them with this commination ; that as they loved the indemnitie of their goods , and possessions , th●y should d●sert a perjured king , and adhearing faithfully to them , should with them inviol●bly stand , and effectually contend for the liberties and peace of the kingdom ; which if they contemned to do , thy would with force of arms , and banners disslayed , march against them as publike enemies , subvert their castles , burn their houses and edifices , and not cease to destroy their ponds , parkes , and orchards . whereupon all the lords , knights , and people , d●serting the king , who had scarce seven knights in all left with him , confederated themselves to the barons in the common cause . ( wherein to be a neuter , was to be an enemy , and no member of the politicke body , in which all were equally engaged . ) whereupon the king thus deserted by all , condescended speedily to their demands , and confirmed the great charter much against his will. a very apt president for these times , which would make the people more unanimous , faithfull , and couragious for the common cause , if but imitated in the commination onely , though never put into actuall execution ; he being unworthy once to enjoy any priviledge of a free-born subject in the kingdom , who will not joyn with the parliament and kingdom , to defend his libertie , and the kingdoms priviledges , in which he hath as great a common share , as those who stand , pay , and fight most for them . it is a good cause r of disfranchising any man out of any citie , corporation , or company , and to deprive him of the priviledges of them , if he refuse to contribute towards the common support , defence , or maintenance of them , or joyn in open hostilitie , contributions or suites against them . there is the same and greater reason of the generall citie and corporation of the whole realm , to which we are all most engaged ; and therefore those who refuse to contribute towards the defence and preservation of it , if able ; or by their persons , purses , intelligence , or counsell , give any assistance to the common enemy against it , deserve to be disfranchised out of it , to have no priviledge or protection by it , and to be proceeded against as utter enemies to it , christs rule being here most true , ſ he that is not with me , is against me ; and he that gathereth not with me , scattereth abroad . the t common-wealth of which we are members , hath by way of originall contract for mutuall assistance and defence ( seconded by the late protestation and covenant ) a greater interest in our persons , and estates , then we our selves , or the king ; and if we refuse to ayd the republike , of which we are members in times of common danger , with our persons , abilities , goods ; or assist the common enemy with either of them ; we thereby betray our trust and fidelitie , violate our covenants to the republike , and expose our bodies to restraint , our estates to consiscation , for this most unnaturall treachery , and sordid nigguardlinesse ( as well as for treason , fellony , or other more petty injuries against the state , or humane societie , made capitall by the laws ) most justly , for the publike service of the state , which hath a generall soveraign interest in them in all times of need , paramount our private rights , which must alwayes submit to the publike : and lose all our formerly enjoyed priviledges , either of laws , liberties , or free-born subjects , if we refuse to defend , or endeavour to betray them , as the laws and common practise of all nations evidence . in the u barons warres against king john , henry the third , and edward the second , in defence of their liberties , and laws , they seised upon the castles , forts , and revenues of the crown , and upon the moneyes , and goods of the x priors aliens , and malignant poictovines , which they imployed in the kingdoms service y : eodem tempore castellanus de dovera , richardus de gray , vir fidelis & strenuus , qui ex parte baronum ibidem constituebatur , omnes transeuntes & transituros , diligenter considerabat , cuncta prud●nter perscrutando , & invenit non modicum thesaurum paratum , dictis pictaviensibus clanculo deferendum ; qui totus captus est , in castro reseruandus . similiter londini apud novum templum thesaurus maximus , de cujus quantitate audientes mirabantur quem reposureunt pictavienses memorati , licet contradicentes reniterenter hospitelarii , captus est ; ad arbitrium regis et baronum in utiles regni usus utiliter exponendus , writes rishanger the continuer of matthew paris ; a good president for the present times : after which the z barons banished all the poictovine malignants , who miscounselled and adhered to the king , out of england , anno ; who anno . were all ba●ished out of london , and other cities , and forts . * an. . the earl marshall having routed john of monmouth his forces ( which assisted king henry the third against the barons ) in wales , he wasted all the said johns villages and edifices , and all things that were his , with sword and fire , and so of a rich man , made him poor and indigent . in the very christmas holy-dayes , there was a grievous warre kindled against the king and his evill counsellors . for richard suard conjoyning other exiles to him , entred the lands of richard earl of cornwall , the kings brother , lying not farre from behull , and burned them , together with the houses , and the corne , the oxen in the ox-stalls , the horses in the stables , the sheep in the sheep-cots : they likewise burned segrave the native soyl of stephen , justiciar of england , with very sumptuous houses , oxen , and corne ; and likewise brought away many horses of great price , returning thence with spoils , and other things . they likewise burned down a certain village of the bishop of winchesters , not farre from thence , and took away the spoils , with other things there found . but the foresaid warriers had constituted this laudable generall rule among themselves , that they would do no harme to any one , nor hurt any one but the wicked counsellers of the king , by whom they were banished ; and those things that were theirs , they burnt with fire , extirpating their woods , orchards , and such like by the very roots . this they did then de facto ; * de jure , i dare not approve it , though in cases of attaint and felony , the very common law to terrifie others , gives sentence against perjured juries , traytors , and felons , in some cases , that their houses shall be raced to the ground , their woods , parkes , orchards , ponds , cut down and destroyed ; their * meadowes , and pastures , plowed up and defaced , though not so great enemies to the state , as evill counsellors . * anno . the forty eight yeers of henry the third his raign ; the king keeping his christmas with the queen , richard king of romans , and many others at london , simon montford the captain of the barons at the same time , preyed upon the goods of these who adheared to the king , and especially those of the queens retinue , brought by her into england , whom they called aliens . among others , some of the barons forces took peter , a burgundian , bishop of hereford , in his cathedrall church , and led him prisoner to the castle of ordeley , and divided his treasure between themselves ; and took divers others of the kings partie prisoners . who thereupon fearing least he should be besieged in the tower by the barons army , by the mediation of timorous men , he made peace with the barons for a time ; promising inviolably to observe the provisions of oxford , that all the kings castles thoroughout england , should be delivered into the custody of the barons ; that all aliens within a certain time should void the realm , except those who should be thought faithfull thereunto by the unanimous consent of the kingdom , and that faithfull and profitable natives of the realm , should thenceforth dispose of the affairs of the kingdoms under the king. but the queen instigated with foeminine malice , contradicted it all she could , which made the people revile , and cast dirt and stones at her , as she was going to windsore , enforcing her to retire again to the tower. how william longshamp bishop of ely , lord chancellour of england , earl john , and others , when they disturbed the peace of the realm , and turned malignants , were apprehended , besieged , imprisoned , excommunicated , and their goods , and castles , seised on by the lords and commons , one of parliament , yea , during the time of king richard the first , his absence and captivitie , you may read at large in * roger de hovedon , * holinshed , daniel , and others . why then the lords and commons in parliament may not now much more do the like , for their own , and the whole kingdoms safety , i can yet discern no shadow of reason . i will not trouble you with histories , shewing what violent unlawfull courses , kings and people have sometimes used to raise moneyes in times of warre , by sacriledge , rapine , and all manner of indirect means ; i rather wish those presidents , and their occasions , buried in eternall silence , then reduced into practise ; and verily perswade my self , that every ingenuous true born englishman , who bears a reall naturall affection to his countrey , or a christian love to his brethren , the parliament , and religion , will according to his bounden duety , the protestation , and covenant which he hath taken , rather freely contribute his whole estate , if need so require , towards the just defence of his countrey , libertie , religion , and the parliament , against the treacherous conspiracies of the pope , jesuites , forraign catholikes , irish rebels , english papists , and malignants , who have plotted their subvertions , then repine at , or neglect to pay any moderate taxes , which the parliament shall impose , or inforce the houses to any extraordinary wayes of levying moneyes , for want of ordinary voluntary supplyes , to maintain these necessary defensive warres . i shall close up all in a few words . the parliament hath much against their wills , been inforced to this present defensive warre , which they have a most just , and lawfull power to wage and manage ( as i have * elsewhere evidenced ) by the fundamentall laws of the realm , yea , by the law of god , of nature , of nations . this warre cannot be maintained without moneyes , the sinews of it ; wherefore when voluntary contributions fail , the houses may by the same laws which enabled them to raise an army without the king , impose necessary taxes for the maintaining of it , during the warres continuance , else their legall power to raise an army for the kingdoms defence , would be fruitlesse , if they might not levy moneyes , to recrute and maintain their army , when raised : which taxes if any refuse to pay , they may for this contempt , be justly imprisoned , as in cases of other sudsidies ; and if any unnaturally warre against their countrey , or by way of intelligence , advise , or contribution , assist the common enemy , or seduce , or withdraw others ( by factious slanderous speeches against the power and proceedings of the parliament , ) from assisting the parliament in this kinde , they may for such misdemeanours ( upon conviction ) be justly censured , confined , secured , and their estates sequestred , rather then the republike , parliament , religion , or whole kingdom should miscarry : it is better that one should perish , then all the nation ; being the voyce * of god , nature , and resolution of all laws , nations , republikes , whatsoever . if any hereticall , scismaticall , or vitious persons , which may poyson others with their pernicious false doctrines , or vitious wicked lives , appear in the church , they may after admonition , if they repent not , yea , and de facto , are , or ought to be * excommunited , the church , and societie of all faithfull christians , so as none may , or ought to converse with them till their repentance . if this be good law and divinitie in the church ; the banishing and confining of pestilent malignants in times of warre , and danger , must by the self-same reason be good law and divinitie in the state. i have now ( by gods assistance ) notwithstanding all distracting interruptions , avocations , remoraes incountring me in this service ; ran through all objections of moment , which the king , or any opposites to this parliament , have hitherto made against their proceedings , or jurisdictions ; and given such full answers to them , as shall , i trust , in the generall , abundantly clear the parliaments authoritie , invocency , integritie , against all their clamarous malignant calumnies , convince their judgements , satisfie their consciences , and put them to everlasting silence , if they will without prejudice or partialitie , seriously ponder all the premises , and ensuing appendix , which i have added for their further satisfaction , information , conviction ; and the confirmation of all forecited domestick laws , presidents , by forraign examples and authorities of all sorts . and if any shall yet continue obstinate and unresolved after so many convincing reasons , presidents , authorities , or still retain an ill opinion of the parliaments proceedings ; i shall desire them onely seriously to consider , the most execrable conspiracy of the pope , jesuites , and popish party in all his majesties three realms to extirpate the protestant religion , subvert the government , parliament , and poyson the king himself , ( if he condescend not to their desires , or crosse them in their purposes , ) whom they have purposely engaged in these warres , still continued by them for this very end , to enforce the king to side with them , and so gain possession of his person , to accomplish this designe of theirs , ( as is cleerly evidenced to all the world , by romes master-peece , the english pope , the declaration of the lords and commons , concerning the rise and progresse of the irish rebellion , ) and then advisedly to consider in what great present danger the kingdom , king , parliament , and religion are , when the popish partie , and forces now in arms have gained the kings , princes , and duke of york●s persons into their custodie , the cities of chester , and of late bristoll , the keyes of england , with other ports , to let in all the irish rebels upon us , to cut our throats in england , as they have cut above an hundred and fortie thousand of our protestant brethrens throats already in ireland , it being one part of their designe , now presently to be executed , as appears by sundry examinations in the irish remonstrance ; for which end , some thousands of irish rebels ( who have all embrued their hands there in english bloud , ) are already landed here , and are in great favour and command about the king ; to which , if they adde the omnipotent over-ruling power of the queen ( the head of that partie ) with the king , and his councell , in disposing all officers , all places of command and trust under him : the confederacie and contributions of forraign popish states , to maintain this warre to ruine the parliament , kingdom , religion , and re-establish popery in its universall extent ; with the large progresse the papists have lately made in ireland , scotland , and england , to accomplish this their long-agitated conspiracie ; and the late strange proceedings in ireland , where the best protestants are displaced , disgraced , restrained ; the popish rebels advanced , and a truce negotiated , if not fully concluded with the rebels , to the end that all their forces may be speedily transported hither to ruine our religion , and cut all our throats ( enough to awake the most stupid english spirits , and rouze them , up to a speedy unanimous resolution to unite all their purses , and forces to the parliament , against the popish conspirators , and these bloody butchers now ready to devoure us : ) and then i dou●t not , if they have any true love to god , religion , king , countrey , themselves , or their posterities , they will soon change their former opinions and practises against the parliaments just proceedings and joyn hearts , hands , forces , yea , their uttermost endeavours with them , to prevent and ward off that imminent destruction which now hangs over our heads , and will in short time wholly ruine us , if god open not our eyes , and unite not all our hearts and mindes unto the parliament , with one unanimous resolution to oppose these cursed confederates , who have plotted , occasioned all these warres and miseries , under which our kingdomes now groan and languish ; which long plotted treacherie in humane probabilitie can no wayes be prevented , nor a settled peace , and reformation established , but with the totall suppression of the popish partie now in arms , and by rescuing his majesties person , children , forces out of their trayterly hands and power , whose death they have conspired long agoe , if he refuse to grant them an universall open toleration of their antichristian religion , in all his kingdoms , and then to seise upon the prince , and train him up in their religion ; which how easie it is for them to effect , now they have the king , prince , the kings ports , his forces in their power , yea potent armies of their own in the field here , and such a force of irish rebels now ready to be shipped over to chester , milford , and bristoll , for their assistance , and enforcement , to over-power the protestant party in the kings armies , no understanding man can without fear and trembling , co●sider . o then , if ever we will shew our selves faithfull , valiant , couragious , magnanimous , bountifull , really cordiall , and loyall to our king , kingdoms , countrey , parliament , religion , laws , lives , liberties , kinred , families , posterities ; let all who professe themselves protestants lay aside all causelesse jealousies and prejudices against the parliament , or any others ; and now speedily unite all their prayers , hearts , hands , purses , forces , counsells , and utmost endeavours together , to defend , secure them all against these forraign and domestice jesuiticall romish confederates ; and if any prove traiterous , fearfull , cowardly , unfaithfull , base , or faint-hearted in this publike cause , as too many , ( who deserve to be made spectacles of treachery and cowardise to posteritie , and cannot without injustice or dishonour to the parliament and kingdom , be suffered to scape scot-free , without severe exemplary punishment , ) have done , to their eternall infamy , and betraying of their countrey ; the present generations shall abhorre them , posteritie curse , and declaim against them , as most unnaturall monsters , unworthy to breath in english ayre , or enjoy the name , the priviledges of english men , or protestants . there is a double kinde of treachery in souldiers , both of them adjudged capitall . the first proceeds from a sordid pusillanimous fear , unworthy the spirit of a souldier : and this is c●pitall , both by the civill and common law. by the * civill law ; the souldiers who first begin to flye , or but fain themselves sick , for fear of the enemy , are to be adjudged to death for this their cowardize . yea lacaena and dametria , two magnanim●us women , slew their timorous sonnes , who fled basely from the battle , with their own bands , disclaiming tbem as degenerous brats , and not their sonnes ; the latter of them inscribing this epitaph on her sonnes tombe . hunc timidum mater dametriam ipsa peremit , nec dignum matre , nec lacedaemonium . indeed * charondas and the thurians , enacted , that cowards who basely fled or refused to bear arms for their countries defence , should set three dayes one after another in the open market-place , clad in womans apparell ; ( a punishment farre worse then death it self , writes diodorus siculus ) whereas all other lawyers made it capitall ; yea , our * common law adjudgeth it treason : witnesse the notable cases of gemines and weston , . r. . num . , . who were adjudged traytors in parliament ▪ for surrendering two castles in france , onely out of fear , when they were strongly besieged , and battered , sooner then they needed , without any compliency with tbe enemy : the case of * jobn walsh esquire , accused of bigh treason in parliament against the king and kingdom , for yeelding up the castle of cherburg in france , to the enemy , when as he might have defended it . and the case of * henry earl of essex , in the second yeer of henry the second , accused of high treason , by robert de monfort , and vanquished by him in a duell , waged thereupon ; for throwing down the kings standard ( which he bare by inheritance ) and flying , in xpassing a straight , among the mountains , when fiercely encountred by the welsh . for which , though his life was pardoned , yet he was adjudged to be shorne a monke , put into the abbey of reading , and had his lands seised into the kings hands . and as for * treacherous revolting to , or delivering up castles to the enemy , it is capitall , and high treason by all laws , and so resolved in parliament , . r. . in the case of * thomas ketrinton esquire , accused of high treâson by sir john ann●sley knight , for delivering up the castle of saint saviour in the isle of constantine , to the french , for a great summe of money , when as he neither wanted provisions , nor means to defend it . as for those unnaturall vipers , and traytors , who shall henceforth ( after this discovery ) joyn with the popish conspirators , to ruine their religion , countrey , and the parliament , for private ends , as * count julian the spaniard joyned with the mores , an. dom. . whom he brought into spain , his native countrey , furiously pursuing his own private injury with the ruine of the publike . i shall onely bestow his epitaph upon them , with which i shall conclude this treatise . maledictus furor impius juliani , quia pertinax ; & indignatio , quia dura : vesanus furià , ammimosus furore , oblitus fidelitatis , imm●●or religionis , contemptor divinitatis , crudelis in se , homicida in vicinos , reus in omnes . memoria ejus in omni ore amarescit , & nomen ejus in aeternum pu●●escet . finis . an appendix : manifesting by sundry histories and authors , that in the ancient roman kingdome and empire ; in the greek and german empires , derived out of it ; in the old graecian , indian , aegytian realmes ; in the kingdomes of france , spaine , italy , hungary , bohemia , denmarke , poland , sweden , scotland , yea , of judah , israel , and others mentioned in the scripture ; the supreame soveraignty and power , resided not in the emperours and kings themselves , but in their kingdomes , senates , parliaments , people , who had not only a power to restrain , but censure and remove their emperours . and princes for their tyranny and misgovernment . with an answer to the principal arguments , to prove kings above their whole kingdomes and parliaments , and not questionable nor accountable to them , nor censurable by them for any exorbitant actions . having finished the preceding treatise ; which asserts , the supreame authority and soveraigne power in the realme of england , legally and really to reside in the whole kingdome , and parliament , which represents it , not in the kings person , who is inferiour to the parliament : a doctrine , quite contrary to what court prelates and chaplaines have for sundry yeeres inculcated into our kings and people ( who preach little else but tyranny to the one , and slavery to the other , to support their owne lordly prelacy , and hinder an exact church reformation ) and directly opposite to the resolutions of many malignant courtiers , lawyers , and counsellours about his majesty ; who have either out of ignorance or malice , created him a new utopian absolute royall prerogative , unknowne to our ancestors , not bottomed on the lawes of god or the realm ; for maintenance of each punctilio whereof , against the parliaments pretended encroachments , the whole kingdome must be engaged in a destructive civill warre , now like to ruine it : i could not but conjecture , how in all probability these clergy men , courtiers and lawyers , out of their unskilfulnesse in true divinity , history , law , and policy would upon the first tydings of this strange doctrine , passe a sentence of excommunication and death against it , as guilty not onely of heresie , but high treason ; and judge it such a monstrous antimonarchicall paradox as was never heard of in , much lesse claimed or practised by any kingdome , realm , or monarchy whatsoever : to anticipate which rash censures , and undeceive both kings and subjects whom these grosse parasites have over-long seduced in this point , to their prejudices , convince the consciences of all gainsaying malignants , irradiate this long obscured verity , whose seasonable discovery , may through gods blessing , conduce very much to period the present differences between king and parliament , touching matters of prerogatives and priviledges claimed by either ; i conceived it , not only expedient but necessary , to back theforecited presidents of our own kingdom with paralelled examples in most forraign realmes and monarchies ( in which it is not mannerly to be overbusie without just cause ) which i have faithfully ( though sudenly ) collected out of the best approved authors and historians ; whereby i shall infallibly prove , that in the roman state and empire at the first , in the greek empire since , in the german empire heretofore and now ; in the ancient kingdomes of greece , egypt , india , and elsewhere ; in the kingdomes of france , spaine , hungary , bohemia , denmarke , sweden , poland , scotland , and most other kingdomes in the world , ( yea in the kingdomes of judah and israel , and others mentioned in scripture ) the highest soveraigne authority , ( both to elect , continue , limit , correct , depose their emperours and kings , to bound their royall power and prerogatives , to enact lawes , create new offices and formes of government ) resided alwayes in these or princes persons . i shall begin with whole kingdomes , senates , dyets , parliaments , people , not in the emperors , kings , the roman state , as having much affinity with curs , * which was long under their command heretofore . after the building of rome by romulus and remus , a romulus being elected king , divided the people into two rankes ; those of the highest quality , he stiled senators , making them a court of counsell and justice , much like our house of peeres ; the other he termed the people , being the body of the state , and representing our house of commons . in this distinction , made by the peoples consent , the soveraigne authority to elect succeeding kings , to enact binding lawes , to make warre , or peace , and the like ; rested not in the kings person , but in the senate and people joyntly , if they accorded ; yet principally in the people , in case either of assent or dissent between them ; their very kings and lawes having their greatest power and efficacy chiefly from the peoples election and assent . to begin first with their kings election and authority . b when romulus their first king deceased , there arose a great controversie in rome about the election of a new king ; for though they all agreed to have a king , yet who should chuse him , and out of what nation he should be elected , was then controverted . in the interim to avoid confusion , the senators , being . divided the regall power between them , so as every one in his turne in royall robes should doe sacrifice to the gods , and execute justice six houres in the night time , and six houres in the day ; which tended to preserve an equality among the senators , and to diminish the envie of the people , when in the space of one night and day , they should see one and the same man , both a king and a private person . but the people disliking this interregnum ( as tending to put off the election of a king , that the senators might keep the principallity , and divide it among themselves ) c cried out , that their bondage was multiplyed having an hundred lords made instead of one , neither would they suffer it any longer , unlesse they would admit a king , created by themselves : hereupon the senate , thinking it best to offer the people that , which they were like to lose , to gaine their favour , summa potestate populo permissa , permitted to the people the chiefe power of electing a king : but yet that they might not give away more right , then they deteined : they decreed , that when the people had commanded and elected a king , it should be ratified , if the senators should approve it , or be reputed the authors of it : then the interex assembling the people , spake thus unto them : o romans regem eligite , chuse yea king : so the senators thinke fit , and if he be one worthy to succeed . romulus , they will approve him . this was so gratefull to the people , that lest they should be overcome with the benefit , they commanded , that the senate should decree who should reigne at rome . at last , numa pompilius was named ; and none of the people or senate daring to preferre any before him ; all of them joyntly decreed , that the kingdome should be conferred upon him . whence canubius the tribune of the people in his speech against the consuls , long after , used these words d numa pompilius populi jussu patres autoribus , romae regnavit . reges exacti jussu populi : which manifests , the chiefe power to be in the people . numa departing , e tullus hostilius by the people command , consent and approbation was made king , which livy thus expresseth ; tullum hostilium regem populus jussit , patres auctores facti : after him , the people created ancus martius king f regem populus creavit ; patres fuêre auctores : after him g ingenti consensu populus romanus tarquinium regnare jussit : the people of rome with great consent commanded tarquin to reigne . but hedying ; servins having a strong guard to defend him h primus injussupopuli , voluntate patrum regnavit , was the first that reigned without the command of the people , by the senates consent ; yet doubting his title for want of the peoples votes , and young tarquin his competitour , giving out speeches , i se injussupopuli regnare , that he reigned without the peoples command ; he thereupon so courted the commons , by dividing the lands he had taken from the enemies among them , that at last he appealed to the people , vellent nolerintve se regnare ? whether they would or would not have him reigne ? tantoque consensu , quanto hand quisquam alius ante rex est declaratus . but tarquin the proud affecting the kingdome slew servius ; and k non commitiis habitis , non per suffragium populi , non auctoribus patribus : without the election of the people or senate , usurped the crowne ; neque enim ad jus regni quicquam praeter vim habebat , ut qui neque populi jussu , neque patribus auctoribus regnaret , writes livy : whereupon reposing no hope in the love of the people , he endeavoured to defend his usurped soveraignty by force : to which purpose , he of himselfe , without the senate or counsell , tooke upon him the conusance of capitall offences ; and by colour hereof , not onely to slay , banish , and plunder those whom bee suspected or hated , but even those from whom hee could expect nothing but prey . then he lesseneth the number of the senate to diminish their esteeme and power , and at last to subvert it . hee was the first of kings who dissolved the custome used by all his predecessours , de omnibus senatum consulendi , of consulting with the senate about all affaires , and administred the common-wealth by his domesticke counsels ; making warre , peace , truces , leagues with whom he would , injussu populi & senatus , without the peoples and senates command ; which tyrannicall usurpations of his , with his ravishing of lucretia , caused brutus and the incensed romanes to rise up in armes against him ; deprive him of his crowne , banish him , his wife and children , utterly to abolish the kingly government by a decree , and to take a l solemne oath , ( lest afterward they might bee overcome by royall intreaties or gifts ) that they would never suffer any king to reigne in rome : which act of brutus and the people is highly magnified by livie and m tully . this done , the n people created two annuall consuls , who had the power , but not the name and continuance of kings , annuum imperium consulare factum est : brutus the first consull was slaine , whilest hee was consull , and valerius his companion being suspected by the people to affect the kingdome , because hee demanded no new companion : valerius heereupon calls the people together o layes downe his fasces ( the badges of his soveraignty before them ) which was a gratefull spectacle to the people , confessionemque factam ; populi quam consulis majestatem vimque majorem esse ; and a confession made , that the people had greater soveraignty and power then the consul , who yet had regall jurisdiction . and then there were lawes enacted , of appealing from the consul or magistrate to the people , and that hee should lose both his head and goods , who should but consult to usurp the kingdome . in briefe , it is clearly agreed by p dionysius halicarnasseus , q polibius , r livy , s alexander ab alexandro , t bodin , ( and v most who have written of the roman republike ) that the soveraigne authority among the romans , during their kings , consuls , dictators , and other magistrates , was originally vested , not in the kings , senate , consuls , or other magistrates , but in the whole body of the senate , and people ; the people had the chiefe soveraigne power of enacting and confirming lawes , ( the senates decrees and lawes being of no validity , unlesse the people ratified them ) of creating and electing kings , dictators , tribunes , and all other great publike officers ; of denouncing warre , and making peace : these tribunes , and dictators might restrain , curb , imprison , censure , depose the roman consuls ( who had regall power ) yea , the roman kings , senators , and highest officers ; and to them the x last appeale from king , senate , or other magistrate might be made , as to the highest tribunall : they having power likewise to y change or annull the very frame of their publike government , which they oft times did , as these authors prove at large , to whom for brevity i referre the reader . yea , after the roman empire ( the greatest , largest soveraignty in the world ) was erected , the supream power still rested in the senate and people , not in the emperors themselves , which z bodin grants and proves . this is clearly evident by these ensuing particulars : first , the senate and people had sole right and lawfull power both to elect and confirme their emperors , and to decree them new honours , titles , triumphs ; which power of election , though some emperors in a sort usurped , by adopting their successors , and the roman souldiers too , by presuming sometimes to elect emperours without the senate ; yet these adoptions and elections were not held valid , unlesse the senate approved and confirmed them , who usually elected all their emperors , as of right , according to that of the panegyrist , imperaturum omnibus ex omnibus elegi debere ; plinius panegyr . trajano dictus , and jacobus valdesius , c. . this appeares by the election and confirmation of most emperors from a octavius to leo the first , and more particularly by the senates and peoples election and confirmation of nerva pertinax , severus , gordianus , maximus pupienus , clodius balbinus , philip , decius , trebonianus , galienus , claudius the second , ta●itus , probus , iovinianus , aurelius , and others . this right of the senate was so cleare , that b after the death of aurelianus , the army sent word to the senate , that ( as reason was ) they should chuse and name an emperor , and that they would obey him . after six months space ( during which time the empire was governed by the senate ) the senate made choice of tacitus , who earnestly refused the same at first , but in the end accepted thereof , to the great joy of the senate and roman people . after whose decease c prebus , being chosen emperor by the legions and army , he presently wrote a letter to the senate , excusing himselfe for having accepted the empire without their knowledge and confirmation : whereupon the senate confirmed his election with many blessings , gave him the name of augustus , father of the countrey ; made him high priest , and gave him tribunall power and authority . secondly , this is manifest by the confessions , and actions of the best roman emperours . d volateranus writes of trajan ( the e best heathen emperor that rome enjoyed , that he used to call the senate , father , but himselfe their minister , or servant of their labour ; and that standing , he did reverence to the consuls sitting , quia se illis inferiorem ex legibus esse reperiret , because he found by the lawes he was inferior to them . whence f dion , g niciphorus , and h speed record of him ; that when he invested any praetor or commander , in giving him the sword , he openly commanded him before all , to use the same even against his owne person , if he governed not the empire well , or violated law and equity ; confessing thereby , that he was subject not only to the lawes , but to the sword of justice too , in these officers hands in case he did offend , much more then to the senate . i read of the emperor i decius , elected by the senate ; that he preserved the authority of the senate , ( who compelled him to make his sonne his companion in the empire ) following their counsell in all matters of government , governing all things with great wisdome and equity , by the advice and consent of the senate , to the great contenment of all the roman people ; and going into thracia against the gothes , he left the government in the hands of the senate ; permiting them to chuse a censor at their pleasure , who had supreme iurisdiction over all men ; which office some former emperors had usurped , making themselves censors . so k claudius the second , and tacitus did nothing without the consent , advice , and counsell , of the senate , either in matter of warre or peace . and l polybius writes expresly , that the roman emperors counsels and purposes were efficatious , or invalid , at the pleasure of the senate , which had power to remove or continue them , to encrease or abridge their power and wealth ; to decree or deny them triumphs , towards which they contributed ; and and that they could neither make warre , nor peace , nor truces , without the peoples consent . their emperors in truth , being but their chiefe generals in their warres , at the first , in right . thirdly , they had power to create one , two , or more emperors at once , as appeares in their election of m gordianus , the father and sonne to be joint-emperors at once , and of maximius pupienus , and clodius balbinus , and gordianus , to be caesars at once . and those who could thus create more emperors then one , when they pleased , no doubt had a power above the emperors . fourthly , they had a soveraigne power , judicially to convent , censure , yea to depose , and adjudge their emperours to death , for their tyranny and misgovernment : this appeares by the case of nero , that wicked emperour n whom the senate judicially deposed , condemned for his tyranny and misgovernment , as a publike enemy to the state , adjudging him to have his head fastned to aforke , and so to be publikely whipped to death , and then precipitated from a rock : upon which sentence he being sought for , and forsaken of all , to avoyd the execution of it , murthered himselfe with a poinyard . so when o domitian was slain , the senate assembling the same day , caused all his statues to be throwne downe , and all the inscriptions and memorials of him to be cancelled , defaced ; and elected nerva emperour . p didus julianus who purchased the empire by bribing the soldiers , comming to rome with an army , went to the senate , where assembling such senators as were present , by their decree he was proclaimed emperour , and they presently made his son in law cornelius repentinus praetor of rome , putting sulpetianus out of that office , and from thence he was caried to the imperiall pallace , and held for emperour , more through force , then good will of any honest men : but the people hateing , and cursing him ; at last , a full senate being assembled , by the common consent of all the senators , it was decreed , that julianus should be deprived of the empire , as a man unworthy to rule , and severus proclaimed emperour ; to whom two of the principall senators were sent to yeild him their obedience , with the ensignes of the empire , and julianus being generally abandoned , they commanded him to be slaine in his pallace . q heliogabalus ( that monster of wickednesse ) was slaine by the praetorion souldiers by the senates and peoples approbation , who commanded he should no more be called antoninus , and that in detestation of him , no other emperour should after that be called by this name , and that he should be called tiberinus , according to the manner of his death , his body being tyed to great stones , and sunke in tiber , that it might never be found . so r maximinus the emperour oppressing , and tyrannizing over the people , with great cruelty , was deposed by the senate , and he , with his sonne ( though already made caesar , and declared emperour ) adjudged enemies and rebels ; and gordianus with his sonne elected and proclamed emperours by the souldiers , people , and senate of rome . after which they , considering the great power of maximinus , ●o secure the city , made great preparations to resist him , and writ letters to all their provinces , that ſ all those governours that maximinus had there placed should be displaced ; which direction was generally obeyed , and the governours most of them slain . thereupon maximinus then in hungary , posts with his army , and son towards rome ; and young gordianus being slain & his father strangled in the interim ; the senate assembled in the temple of jupiter , chose maximus pupienus and clodius balbinus emperours , and to please the people which consented not to their election , they likewise named young gordianus caesar , and raised forces to resist maximinus , who lying before aquilia , his souldiers hearing that he , with his sonne were proclamed rebels at rome , and new emperours elected , came bodily to their pavilions about noone , slew them , and sent their heads to rome . by these , with sundry presidents of like nature , it is apparent , that the soveraigne power and jurisdiction , even after the roman empire erected , continued still in the senate and people , to whom the emperours were responsible , by whom they were deposed , yea put to death for their misdemeanours and offences against the state , and oppressions of their subjects : which power they retained till the emperours removed their courts from rome to constantinople , by which meanes the authority of the senate , and dignity of the consuls was almost wholly lost by degrees , in justine the seconds reigne . after the seat of the empire was translated to constantinople , the senate , people , souldiers , and patriarchs of constantinople , claimed a right , and power to elect their emperours , to prescribe conditions , and oaths unto them before they were crowned ; as also a power in some cases to depose them , yea execute them , as you may read at large in their t lives ; of which i shall recite some instances . v julian the apostate dying , jovinian , assensu omnium , by the joynt assent of all the souldiers , captains , and people was elected emperor ; who absolutely refused the empire , saying ; that he being a christian would not be an emperor over infidels : but all men were so pleased with his election , that they cryed out aloud saying ; we are all christians ; and for his sake , those which were not so , resolved to become christians , upon condition that he would accept the empire ; which he thereupon accepting , with incredible joy and gladnesse , they swore obedience to him , and gave him the imperiall ensignes . he being casually smoothered to death ; x valentinian the first was by the joynt consent of the captains and souldiers , chosen emperour : after which , the empire went by descent till the death of valentinian the second and then y martianus by means of endoxia , with the senates and patriarchs assent , was elected and crowned emperour : after whose poisoning z asper sought to have been his successor ; but being an arrian , the orthodox christians of constantinople would by no means elect him ; whereupon , accepta a populo potestate , he named leo emperour , having received power so to doe from the people . leo adopting one of aspars sonnes caesar , the senate and people were so much displeased at it , fearing that an arrian should reigne over them , that they went tumultuously to the emperour , defiring him to remove him from that dignity , who soone after flew both him and his father . a basiliseus usurping the empire against the senates and peoples consents , who hated him for his tyranny ; the people sent for zeno , whom he expelled , received him into constantinople , and restored him to the empire ; after whose death b anastasius , de sententia senatus & legionum , was elected emperour by the senates and legions decree . he dying , c justinus , by the generall consent both of the senate , people , and souldiers was elected emperour , though but a swineheard in his yonger dayes ; who creating justinian for his successor , the people gave their consents thereto , with happy acclamations . so d constans the second was made emperour by the senate of constantinople . e philipicus usurping the empire against the peoples and senates liking , they rose up against him , deposed him : and as f beda g marianus h otho frisingensis and i abbas vspergensis write ; the people of rome decreed , that neither his name , nor letters , nor coyne should be received . and the k senate and people of constantinople created anthemius emperour in his place , giving him the name of anastatius . thus l michael curaepalata was created emperour by the senate in the life of stauratius who intended to leave the empire to theophanon his wife . so m theodora , a toto senatu , populo & sacerdotibus , was elected and saluted empresse . n isatius angelus was elected emperour , and andronicus deposed , apprehended and put to death by the people of constantinople for his tyranny and oppression . after whose death o baldwin earle of flanders , a frenchman , was elected emperour by the souldiers and people , upon condition , the venetians should elect the patriarch : in whose blood the empire continued p four descents and then returned to the greekes . and as the senate and people of constantinople had thus the right of electing their emperours , so likewise q they and the patriarch of constantinople prescribed a conditionall coronation-oath to divers of them , which they were to take before they were crowned , and to deliver it under their hands in writing . anastatius dicori , being chosen emperour after zeno his death , r euphemius the patriarch of constantinople before he would crowne him , exacted of him a confession of his faith in writing , wherein he should promise , that he would innovate nothing in eclesiasticall doctrines &c. whereupon he delivered a writing to the patriarch , wherein he professed , that he did embrace all the tenents of the church , and that he would keep all the decrees of the councell of chalcedon ; which done , he was crowned , and then presently tooke away the grievous tribute called aurargenteum , which much oppressed the people . thus when ſ michael rungabis was elected emperour , and came to be crowned , nicephorus the patriarch first required of him a writing , wherein he should promise , that he would violate no ordinances of the church , nor defile his hands with the blood of christians : which conditions * bishop bilson grants , the people had power to prescribe , the empire being elective , but not the patriarch alone . and with all these patriarchs sometimes presumed to excommunicate and keep their emperours out of the church for murthers and such like offences , as appeares by t polyenctus keeping john zimis●ea out of the church , and refusing to crowne him , till he had banished the empresse theophano and those who slew nicephorus ; and by photius his putting by the emperour basilius from the sacrament , when he came to receive it , for homocidies committed by him . fifthly , the roman senate and people had power to divide the empire , and to create a new emperour at rome in the west , distinct from that of constantinople in the east : about the yeare of christ v gensericus king of the vandals wasting italy and sacking rome whiles marcianus the emperour resided at constantinople , the senators and roman gentlemen returning to rome when gensericus had lost it , wanting an emperour to protect them , chose avitus by common consent for emperour of rome , italy , and sicilie , of which marcianus was very glad , and approved his election : and not long after , whiles leo the first raigned at constantinople , the senate successively elected olibrius and glizerius emperours of rome , italy , and sicilie ; yea , the very finall division of this great empire into that of the east and west , and th●e creation of a new roman emperour , and empire of the west , with the transferring of the imperiall crown from the greeke to the german line , was done by the authority , and joynt consent of the people , senate , and bishop of rome , upon this occasion : as x blondus y sabellicus and z others relate . aistulfus king of the lombards invaded and spoyled those parts of italy belonging to the romans ; who being unable to resist or pacifie him ; the bishop and city of rome hereupon sent messengers to their emperour consantine to constantinople , for ayd , assuring him , that unlesse he sent them ayd the city and whole country would be subdued by aistulfus : but whiles rome and italy were ready to sinke under those ruines constantine had no manner of care to relieve them ; and the messengers that were sent to him , signified by letters , that there was no looking for help from constantine , either for that he would not , or could not , and therefore they must seeke some other way : in the meane time aistulfus sent heralds to menace the bishop and people of rome , that unlesse they would yeeld themselves and their city , he would come and take them by force , and kill man , woman , and child . hereupon they being out of hope to pacifie the enemy , or to receive help from constantine ; the pope , together with the people of rome , determined to send messengers to desire ayd from pepin father to charles the great , then king of france , who sent them succour , subdued their enemy , and quieted italy . after which , charles likewise ayding and succouring both the pope , and romans against their enemies , and comming in person to rome ; the romans ( who in heart were long before falen from the emperour of constantinople , because he began to neglect the city of rome , and to leave it as a spoyle to the barbarians and others ) taking this occasion and opportunity , and grieving that the empire of the world , which with their blood they had gotten , and established by their vertues , should be governed and ruined by irene ( a lewd woman ) constantines mother ( who swayed all at her pleasure ) did thereupon elect and proclaime charles for their emperour , and commanded pope leo to crowne him . a platina , b blondus , c nauclerus , d sabellicus , e aventinus , f sigebert , g ●risingensis , and h aeneas sylvius , all record ; that this was done ( not by the popes authority alone , ( as some late romanists pretend , for he poore man had no such power ) but by the decree , determination , assent and request of the senate and people of rome ; who , tacito senatus consulto plebis citoque decernunt to transferre the empire jure suo , by their owne right , from the greekes to the germans , and from constantine to charles the great : ever since which time it hath continued thus divided in the blood of clarles , and other french and german princes . a most cleare demonstration , that the most absolute soveraigne power and disposall of the empire resided not in the emperours themselves , but in the sen●●e and people , even from the very first emperours , till this partition of the empire ( more then yeares space , ) and that their emperours neglect to protect , to ayde them against their enemies when they needed , and craved help , was a iust ground for them to reject his soveraignty ; yea , to create a new empire , and emperour of another race , as i pope leo with all the roman clergy , senate , and people then resolved ; not only in point of state policy , but of conscience too : upon which very k ground ; not only the spaniards fell off from the roman empire , electing them kings , and erecting kingdomes of their own : but likewise our l iland of brittain ( the fairest plume of the roman diadem ) rejected the roman yoake and government , to which it had been subject almost yeares ; craving ayd against the scots and picts from the saxons , who therereupon became their soveraigne lords at last , and disposessed them of the kingdome : now , that these revolts and changes of the empire in this case were lawfull even in point of conscience , we have the resolution of bishop bilson himselfe , ( in his booke dedicated to queen elizabeth , wherein he professedly defends the soveraignty of kings ) in these very words m the roman state and commonwealth had as good right to dispose the roman empire , as all other christian and heathen kingdomes and countries had to settle the sword and scepter that reigned over them . and since all n other nations once members of the roman empire , were suffered to plant those severall formes of regiment which they best liked , and when the right heires failed to elect their owne governours , i see no cavse why the romans might not provide for themselves as well as other realmes had done before them ; especially if the reports of your stories be true ; that they were neglected by the grecians , when they were beseiged by the lombards ; and the scepter at constantinople went not by descent , or succession , but by violent and wicked invasion , and usurpation . so he ; with whom cassanaeus in his catalogus gloriae mundi : pars consid . . p. . accords . and iacobus valdesius , de dignitate regum hisp . c , . n , , . sixthly , after this division , and translation of the empire unto charles the great , the roman empire for a time , by permission and connivence of the french , & german states , went by succession till charles the grosse ; after him wholly by election , o the power of electing the emperour residing in all the french & german princes , till at last it was by consent , about the yeare . translated to the , or rather p . princes electors : yet during all this time the soveraigne power and iurisdiction of the empire resided only in the german princes , states and diets ( not the emperours themselves ) who had power , not only freely to elect what emperours they pleased , but also to censure , and depose their emperours upon just grounds , and to set limits to their imperiall iurisdictions . not to trouble you with the histories of q ludovicus pius , otho the great , henry the , , , , , , . lotharius , fredericke barbarossa , phillip , otho the fourth & fifth , fredericke the , . albert the , ludovicus bavarus , sigismond , and other emperours , who were much affronted , persecuted , warred against , and some of them unjustly deposed and murthered by their subjects , sons , and the princes electors , through the popes procurement ; i shall pitch only upon such presidents as are pertinent to my purpose r charles the third surnamed the fat , though he came to the empire by discent , yet the princes , dukes , and governers of the provinces of germany , and france , seeing his great insufficiency , and unaptnesse to governe ( he being growne a very foole and having lost his understanding ) did thereupon deprive him of his empire , and other kingdomes ; and elected and crowned arnolph emperour in his stead : he being thus degraded both of realme , empire , and forsaken of all the world , not having so much as an house wherein to shroud himselfe , retired into a poore village of suabe , where he lived some few dayes in excream misery , and penury , and soone after dyed ; not lamented nor pitied of any man : which deposition of his , i have formerly proved lawfull ; though his subsequent ill usage was no doubt dishonourable , and unjust . so the emperour s wenceslaus was deposed by the princes electors of the empire , for his insufficiency to governe , and the little care he tooke to suppresse and pacifie the civill warres and dissentions in the empire , giving himselfe over to vaine pleasures and delights , which made his government dangerous , and unprofitable for the empire , and christian common wealth ; and rupert made emperour by them in his room . after this , about the end of t rodulph the second his imperiall raigne , the electors called a dyet at nurenberg , from whence they sent ambassadors to the emperour to acquaint him with the state of the empire ; who told him , that the electors required above all things a reformation of justice : that he should make choice of more faithfull officers and councellors then formerly he had done : that a generall dyet might be called the spring following : that the reason of the bad government of the common weale was , for that his majesty did not impart the important affaires of the empire unto them , as his predecessours had done &c. whereupon he appointed a generall dyet to redresse these disorders ; but dying before the day , according to the golden bull made in the yeare the elector palatine , and he of saxon , were appointed vicars , governours , and administrators of the empire untill there were a king of romans chosen to be emperour . after which they elected mathias , who as emperour and king of the romans u had not any city or towne within the empire , the whole territory of germany belonging to the electors , bishops , abbots , princes , earles , noblemen , and free townes . what power the princes electors , and german states had , and yet have in electing , rejecting , deposing , restraining their emperours ; in calling diets , and making lawes , you may read more largely in x munster , and y grimston : by all which , and other particulars , which for brevity i shall omit , it is most evident , that the supream soveraigne authority of the roman state , both under their ancient kings and emperours , and of the greeke , and german empires resided not in the kings and emperours themselves , but in their senates , diets , people , states , who prescribed them conditionall oaths at their coronations , and to whom they were still accountable for their actions and misgovernment , this z iohn bodin ( a famous learned french lawyer , of great experience in state affaires , surpassing all who writ before him of republikes ) plainly affirmes in these words . the roman emperours were at first , nothing else but princes of the common weale , that is to say , the cheife and principallmen : the soveraignty neverthelesse still resting in the people and senate , the emperour having the soveraigne authority only in fact , not in right : the state being but a very principality , wherein the people had the soveraignty . so the german empire at this day is nothing else , but an aristocraticall principality : wherein the emperour is head and chiefe , the power and majesty of the empire belonging vnto the states thereof , who thrust out of the government adolphus the emperour , in the yeare , and also after him wenceslaus in the yeare ; and that by way of ivstice , as having ivrisdiction and power over them . a and so properly ancient romans said : b imperium in magistratibus , auctoritatem in senatu , potestatem in plebe , maiestatem in populo ; command to be in , the magistrates , authority in the senate , power in the maeniall people , and majesty in the people in generall . the senate in rome did consult , the people command : for livy oft times saith : senatus decrevit , populus iussit : the senate hath decreed , and the people commanded ; which he there more largely prosecutes , as you may read at leysure . to all which c bishop bilson himself doth fully assent , affirming , that germany is a free state , that the emperour holds the empire by election , and that but on condition , which he takes an oath to performe . and if he violate their liberties , or his oath , they may not only lawfully resist him by force of armes , but repell and depose him as a tyrant , and set another in his place , by the right and freedome of their countrey . and d cassanaus holds , that the people may take away the very name of the emperour at this day , degrade him , and resume his royall power . this then being an unquestionable verity ; disproves that palpable common mistake of e dr. ferne with other ignorant court doctors and royalists , who would make the world and kings beleeve , that the roman emperours were of greater power and authority than the senate , people ; the highest powers upon earth to which all persons , yea the senate and people collectively considered , ought to submit ; and that it was unlawfull either for the senate or people forcibly to resist caligula , claudius , nero , and other their wickedest , and most tyrannicall emperours : much lesse to depose , take armes against , or call them to a strict , just account for their tyranny , oppression , or misgovernment , it being directly contrary to pauls doctrine rom. . , to . let every soule be subject to the higher powers , &c. which false groundlesse principle , is the sole foundation upon which all their late sermons , books , and rayling discourses against this parliaments proceedings and taking up of defensive armes are built ; when as in truth , the senate & people were the highest powers , to whō the roman emperours themselves were to be obedient in all iust requests & commands , under paine of damnation , and subiect to the senates sword of ●ustice in case of disobedience & misgovernment , as all the premises evidence ; yea it likewise manifestly evidenceth , that whole states & parliaments are the highest power and above their kings , who are subject to thē , since the roman and greek senates and people heretofore , & the very german states at this day are the highest power and above their emperours , though ever reputed of f greater power , soveraignty and dignity than any kings , and the greatest monarchs in the world : and that therfore kings , even by pauls doctrine rom. . ought to be subiect to the higher power and iurisdiction of their parliaments , the laws and statutes of their realmes ; and to be accountable to them , if not subiect to their censures , as some affirme , in exorbitant cases of misgovernment which concern the kingdomes and peoples safety . if kings iniuriously take away the lands , goods , or imprison the persons of any particular subjects , the g law gives every one a particular remedy against them by way of action , or petition of right . if then every private subiect may have redresse , much more the whole kingdome , ( in and by parliaments only not in inferiour courts ) against their soveraigns which oppresse them ; who being subiect unto the lawes of god and their realmes , which have h no respect of persons , may as many affirme , be questioned and iudged by them in their parliaments as well as other princes , great officers of state and magistrates who in scripture are called i gods , the higher powers and said to be k ●rdained , to rule l judge by and for god , as well , as kings and emperours . it is branded as a spice of m antichristian pride in popes and their parasites , to deem themselves so high above other men , that they are accountable to none but god for their wicked actions , though many popes in former and later times , have been n questioned , consured , imprisoned and deposed both by emperours , kings , and councels for their intollerable misdemeanors . and is it not the very selfe same crime in kings , in emperours , and their flatterers , to hold this popish erronious opinion , that they are in no case responsible to their whole kingdomes or parliaments for their grossest exorbitances ? our o popish prelates and clergy generally heretofore , and some of our protestant p bishops and divines of late times , from st. ambrose his practise , have held , that kings for murthers , rapes , and great crying offences may be lawfully excommunicated and censured by the spirituall law and sword , as sundry emperours and kings have been ; then why not likewise by the temporall , when their parliaments and whole kingdoms see just cause , the case of hundreds of emperours and kings in former times , as the histories of all nations and ages prove abundantly , beyond all contradiction ? i shall here instance in some few kings censures subject to the roman state and empire , with whom i shall conclude this discourse touching the roman monarchs q deioratus king of galatia under the romans iurisdiction , and one of their allies , was accused of treason , and condemned to lose both his head and estate for certaine offences against c. caesar , and the roman state ; as appeares by tullies oration to caesar in his behalfe , to procure his pardon ; which because it was the first president of this kinde , made his advocate say ; tamen it a inusitatum est , regem capitis reum esse , ut ante hoc tempus non sit auditum : yet long before that , zedechiah king of iudah , rebelling against the king of babylon , was brought prisoner to the king of babylon to riblah , where hee gave judgement upon him slew both his sonnes and princes before his eyes , and then put out his own eyes , bound him with fetters of brasse , and carried him prisoner to babylon , where hee died . kings . . to . ier. . . to . and after detoratus r antigonus king of the iewes , being taken prisoner by antonius , for moving sedition against the roman state , was beheaded with an axe at antioch , without any legall triall , to prevent further seditions , which never befell any king before that time , writes alexander ab alexandro ; and s agrippa , not long after , put bogus king of the mores to death , for siding with antonius . of later times , i read that t ludovicus pius the emperour taking bernard his nephew ( king of italy ) prisoner , for rebelling and denying his superiority over him , carried him into france , to determine what should be done with him according to iustice , for this his offence ; where ( though a king ) hee was condemned to death and executed , as some , or at least cast into prison , and had his eyes put out , as others write : so v charles of france taking conradine king of sicily prisoner , publikely arraigned and condemned him of high treason , and cut off his head , anno . yea , our owne v king iohn being a feudatary to the king of france , was by philip the french king in a full parliament there ( during his absence in england ) arraigned , condemned to death , and deposed from his crown by the sentence of his peeres , for murthering his nephew , arthur , ( then a subject of france ) with his owne hands : so x iohn bailiol king of scotland , renouncing his homage for that crowne , to king edward the first , was for this offence compelled to resigne his crown with all his right to the kingdome of scotland , to king edward the first , and sent prisoner to the tower of london : and y mary queene of scots , within many mens memories , after long debate in parliament , was condemned and beheaded at fothringhom castle , febr. . an. . for laying claime to the crowne of england , and other particulars mentioned in our historians . and thus much for the roman , grecian , german emperours , kings and kingdomes . i shall now give you a briefe survey of what greeke authors write concerning kings and kingdoms ; and of the power , the kinds of ancient kings and kingdomes , in greece and other places . that great father of learning and policie aristotle , ( tutor to the greatest emperour alexander the great ) whose authority is irrefragable in our schooles ; resolves : z that true kingdoms were erected at first and conferred on the worthiest men by the free voluntary joynt consent of the people , and founded , confirmed by the customes and lawes of each country , ( which * polibius also affirmes ) a that there are severall sorts of kings , some of greater , some of lesser authority and continuance then others : some elective , some successive , some during life , some annuall , all of them receiving their distinct jurisdictions , formes , limitations , and different royalties , from the peoples primitive or subsequent institutions and consents . for all men being equall by the law of nature , can have no dominion nor supercrity one over another , but by their own voluntary consents . that the b lawes , ( not the kings princes , or magistrates be they one or more , or never so good ) ought to be the sole lords or rulers of the common-wealth , and that princes and governours ought to governe by the lawes : who cannot command what the lawes doe not command . that those who command that the law should rule , command that god and the lawes should rule : but he that commands a man to be a prince , he commands that both a man and beast should be princes : for covetousnesse and the lust of the minde is a certaine beast , which poverts both magistrates and the very best men ; but the law is a constant and quiet minde and reason voyd of all motions of lusts and desires . c that the power of the greatest things , and greatest power , ought ( de ivre ) of right to be in all the people , because their wisdomes , resolutions , and revenues considered altogether , are greater and more considerable then those of a few wise or honest men placed in the highest offices of magistracie , who are but a small particle of the state in respect of all the people . d that the people ought to be of more power then the king or greatest magistrates , to prevent their tyranny and oppression ; and that a king ought to governe by his lawes , and not to doe any thing against them , according to his lust ; wherefore he ought to have so much power and force wherewith he may protect the authority of the lawes : yea he must necessarily have forces and power , yet so much onely , as thereby he may be able to curbe every particular man , or many also : yet not so great power but that , a populo autem universo idem rex ille ipse coerceri potest , the very king himselfe may yet be cvrbed by all the people : such guards verily the ancients gave to their kings when they would set any tyrant or governour over the city : and when dionysius required guards , a certaine syracusan perswaded them to curbe such guards : to which e polybius also suffragates . according to these rules of aristotle , i read in f dionysius halicarnassaeus , and g polybius , that in the lacedemonian common-wealth , the kings had not the chiefe dominion , so as they might doe what they pleased , sed summa totius reipub. administratio penes senatum erat : but the chiefe government of the whole commonweale was in the senate , from whence the romanes tooke their patterne . h alexander ab alexandro , boemus , and xenophon write , that the lacedemonians sometimes elected a king out of the family of the heraclidae , or of agis , but more often two joynt kings of equall authority out of the stock of proclus and aemisthenes , who yet had not the chiefe command as kings , quia juris omnis publici potestas penes senatum erat , because the power of all publike law or rule was in the senate ( the better to keep their kings from attempting and usurping a tyranny ; they being kings rather in name then dominion , and like the athaean two annuall praetors ; whence i aristotle makes them , the lowest ranke of kings . k iohn bodin informes us , that in the lacedemonian aristocracie , the soveraignty remained in the state , wherein were two kings without any soveraignty at all , being indeed nothing else but captains and * generals for the managing of their warres ; and for that cause were by the other magistrates of the state , sometimes for their faults condemned to pay their fine , as was agesilaus , and sometimes to death also , as was agis and pausanias : l agis the last of the lacedemonean kings ( as plutarch records ) being apprehended and condemned by the ephori , without an indictment , and then hanged in a halter . finally m aristotle himself , and n xenophon informe us ; that the kingdom of the lacedemonians flourished very long , yea longer then any other forme of government , because their kings power was but small , and their kings never desired greater things then the lawes would beare , by which they had received their kingdome in the beginning : for in the beginning that kingdome was divided between two joynt kings : after which theopompus left it more moderated to his successours , and constituted the magistracie of the ephori ( who had power even to depose and execute their kings if they offended , and rose not up out of their seates unto them ; ) to retain that moderation ; by which meanes he verily weakned the power of the kingdome , but yet certainely setled it more lasting and stable : whence theopompus gave this answer to his complaining and upbraiding wife ; whether he was not ashamed to leave the kingdoms lesse to his children then he had received it from his father ? no truly , saith he , for by this means i leave it more stable and lasting . a speech well worthy the consideration of the very greatest hereditary kings these lacedemonian kings ( whose honours , writes o xenophon , were not much better then those of private men ; etenim , neque regibus animos 〈◊〉 tyrannicos voluit , lycurgus , neque civibus eorum potestatem invisam reddere , tooke an o oath every month , to governe the kingdome according to the lawes enacted . i finde that the p cumaeans had a magistrate whom they called phylactus , whose office was , to come into the full senate , and hold the kings hands who stood in judgement before them ; untill by the senators decree , their reward or punishment was appointed . by which it is apparent , that the cumaean senate was above their kings , and did usually arraigne and punish them iudicially , if they saw cause ; as they rose up in armes against q aristodomus their king , ( who tyrannized over them ) by zenocrita her instigation , slew him and so recovered their liberties . the r ancient carthaginians had two kings , whom they stiled suffites ; who were but annuall , removed every yeares yea , the ibersans and parthians , had two joynt kings in ancient times , the one to judge the other to governe the people . in ſ meroe , where they elected their kings by their beauty , stregth or wealth ; their priests had the chiefe power ; who had so great authority , that sometimes ( like the pope and his nuncioes ) they would send a messenger and command the king to be put to death , and make another in his steed . which custome was after abolished by one of the kings , who violently assaulted and slew all the priests : and in t meroe if the king offended , after the priests power was abolished , they inflicted no corporall punishment on him , but all withdrew themselves from him and avoided his company till he was killed with griefe and consumption . the u indians will not permit their king to sleep in the day time , and if he be drunken at any time if any woman ( of whom he hath a guard ) kill him whiles he is drunke she is so farre from being guilty of treason , that for a reward , she shall be married to his successour : much like the ancient publike institution of the selavonians , recorded by x saxo grammaticus , that the assassinate of evill kings should succeed them in their kingdomes ; a thing frequently practised in many kingdomes and empires , though very ill enacted in any . the y sabaeans confined their kings to their palaces , and used to stone them if they went forth of their bounds . the z mosseriaes whose kings were elective , used to punish them , when they offended , by keeping them fasting a whole dayes space . among some of the a indians , if the king dyes , having male children of his owne , or cosen-germans or brothers children , they shall not succeed him in the kingdome , but his sister : sonne , if there be any ; if not , then his next alliance ; and that , ex gentis instituto , by the institution of the nation ; the reason is , because their priests used to defloure the queene , whose issue is held to be illegitimate . in b thraciae , the people elect a king who is well qualified , mercifull , grave for his age , and one who hath no children : for no father , though never so well qualified , is admitted to raigne ; and if he fortune to have issue while he reignes , he is deprived , and so kept , lest the kingdome should become hereditary . yea , though the king be never so just , yet they will not that he should have the whole power , but appoint him . governours , lest hee alone should judge in capitall causes : and if he be convicted of any offence , be is punished with death , yet not by laying violent hands on him , but by publike consent , all food is kept from him , so as at last he perisheth with famine . the c taprobani had this custome , that no man who had any children should be chosen king , lest he should claime the kingdome as hereditary , and make it so . the m athenians , ionians , milesians , marchomanni quadi , persians , sicilians , corinthians , parthians , meroes , gordii , medes , paphii , cathians , aetheopians , sydonians , germans , swedes , danes , and other nations had severall customes , lawes , rules , ( over-tedious to recite ) by which they elected and inaugurated their kings ( of which you may read in alexander ab alexandro . n strabo , o boemus , p peter martyr , q purchas , and others ) and different degrees of power and government derived from their kingdomes and people , the soveraigne authority still residing in them to prescribe both laws and limits to their kings , and call them to publike account for their grosse offences and misgovernment . the ancient r aethiopiant elected the most fanatique priest for their king , whom though they adored and honoured for a god , yet vitam agere statvtam legibvs debet iuxta patrios mores , he ought to live such a life as the laws appointed him , according to the manners of the countey , neither ought he to reward or punish any man himselfe , though chiefe parts of royalty . the ſ old german kings had no free nor infinite , but a restrained and bounded power by the lawes . t diodorus siculus writes , that the first egyptian kings lived not like other monarchs , to rule all things according to their wills , nullis obnoxii censuris , as ob noxious to no censures ; but all things , not only their publike actions , but even the regiment of their daily life , were conformed to the rule of the lawes ( as he there manifests in sundry particulars ) both in respect of their attendants , dispatches , devotions , recreations , moderate spare dyet , and the like ; neither was it lawfull for them to judge , nor doe any thing , nor punish any man out of petulancy or anger , or any other unjust cause , contrary to what the established lawes required concerning every of them . whiles they observed these things customarily , it was so farre that they tooke it ill , or were offended in minde , that on the contrary they thought they lived a most blessed life . for other men rashly giuing indulgence to the affections of nature , acted many things accompanied with losses and dangers ; yea some men ofttimes although they foreknew they should sinne , did notwithstanding perpetrate evill things , being led away with love or hatred , or some other perturbation of minde ; but they , imbracing the rule of life approved by the most prudent men , resolved not to erre from their duty in the least degree . whiles kings used this iustice towards their subjects , they had their subjects bound unto them in greater benevolence and love then their very kindred ; for not only the colledge of priests , but the whole nation of the aegyptians , and likewise every one of them were not so carefull of their wives and children and private goods , as of the safety of their kings : wherefore they preserved the estate of the republike intire for a long time under the mentioned kings , spending their life in greatest felicity , as long as this constitution of lawes flourished . and when these kings dyed , all the aegyptians generally mourned for them in an extraordinary manner divers wayes , made solemne orations in their praise , buried them with great pompe and solemnity , and erected pyramides to their eternall honour ; all which funerall pompous solemnities many ill kings wanted after their deaths , ob plebis refragationem , because the people gain-sayed it , ( who together with the priests and senates , who were ever present with the kings to assist , counsell , and direct them , were superiour to their kings , since they could thus decree or deny them these funerall honours ) which made many of their following kings to addict themselves to just actions too , for feare of contumelious handling and sempiternall ignominy after their decease . so this author . to which i shall adde v xenophons definition of a kingdome and tyranny : a kingdome , is an empire over men by their free assents according to the lawes of the city : and a tyranny , is an unlawfull empire over men against their wills , which depends upon the will of the prince . and this observation of x polybius , that kings in ancient times did give themselves wholly to doe that which was honest and just , and to suppresse the contrary ; the very beginning of all true kingdomes , and the end for which kings were first instituted by the people . whiles they thus demeaned themselves , they were subject to no envy , because they differed not much from others , neither in apparell , nor in meat and drinke , but observed a conversation of life conformable to other men , and lived perpetually like to others . but afterwards , when those who obtained the principality of succession , and the prerogative of their blood had those things already provided , which made them able to secure themselves , and to support their state , following their lusts by reason of their abundance , they then thought , it belonged to princes to be better clad then subjects , to exceed them in costlinesse and variety of meats , and to use venery with whom they pleased : hence envy and offence was begotten , and implacable hatred and anger kindled , and a kingdome by this meanes changed into a tyranny : hence men most generous and magnanimous bold spirits unable to beare such affronts and insolences of princes , seditiously conspire against them ; and the people having got such captaines to make resistance , joyne with them for the foresaid causes , that the princes may be repressed . and thus the forme of a kingdome and monarchy is utterly taken away by the roots , and the beginning of an aristocracy again laid , the people refusing to set any more a king over them , yet not daring to commit the republike to many , fearing as yet the iujustice of superiours , and therefore most esteeme equality and liberty ; so that the soveraigne power of setling , of changing the kingdome and forme of government resides principally in the people , who ( as hee there largely proves by the lacedemonian and roman state ) ought to enjoy the supreame authority , and to be above their kings ; as it seems the aegyptian did , y who deposed and expelled evergetes their king , for his cruelty , and after him their king ptolomaeus auletes , setting up cleopatra his eldest child in his threne ; and as the romane senate did , z who had power to dispose of the common treasury and revenue ( one of the greatest points of soveraignty ) to appoint lieutenants and governours of provinces , to grant triumphes , to dispose of religion : ( for which cause a fertullian saith , that never any god was received in rome without the decree of the senate , ) * and to receive , answer , and dismisse the ambassadours of kings and nations , which none else did but the senate ; whose soveraigne power was such , that tiberius the emperour in the beginning of his reigne called the senators ( assembled altogether in the senate ) indulgentissimos dominos , his most loving lords , ( and moved the senate , to divide the empire , & not to commit it all to one man , as we read in b tacitus ) though they were his subjects and inferiours when divided and severally considered : and such soveraigne power had the panaetolium or generall assembly of parliament among the aetolians , who received and answered all embassadours , determined all affaires of warre and peace , it being provided by the lawes of the aetolians , that nothing should be intreated of concerning peace or war , but in their panaetolium or pelaicon councell , as c livy and d bodin record . but to leave these ancient , and come neerer our present neighbor kings and kingdomes of greatest eminencie and power , which may parallell our owne ; the kings of france ( to whom e caessanaeus in his catalogus gloriae mundi , gives precedency before all others , and to the emperour himselfe , while but elect , before his coronation , ) have in ancient times been inferiour to their kingdomes , parliaments , and subject to their censures even to deposition , if not more , though f some cry them up for absoluts monarchs , and make them little better then tyrants now . g iohn bodin , a learned french lawyer and statesman , writes , that in ancient times the kings of the cities of the gaules were subject to their states ; whom caesar for this cause oftentimes calleth reguli , little kings , being themselves subjects and justifiable to the nobility , who had all the soveraignty , causing them even to be put to death if they had so deserved : and that is it for which amphiorix the captaine generall , whom they called the king of the lingeois said , our commands are such , as that the people hath no lesse power over us , then we over the people : wherein he shewed evidently , that he was no soveraigne prince ; howbeit , that it was not possible for him to have equall power with the people , as we have before shewed : wherefore these sort of princes , if they , polluted with wickednesse and villany , cannot be chastised by the authority and severity of the magistrate , but shall abuse their wealth and power unto the hurt and destruction of good men , it alwayes hath and shall be lawfvll not for strangers onely , but even for the subjects themselves also , to take them out of the way : but if the prince be an absolute soveraigne , as are the true monarchs of france , &c. where the kings themselves have the soveraignty without all doubt or question not divided with their subjects ; in this case it is not lawfull for any one of their subjects in particular , or all of them in generall to attempt any thing , either by way of fact or justice against the honour , life , or dignity of the soveraigne , albeit hee had committed all the wickednesse , impiety , and cruelty that could be spoken : so bodin , by whose words it is cleare , that the ancient kings of france were inferiour in jurisdiction to their whole kingdomes and parliaments , yea censurable by them to deposition or death : yet that their kings of late are growne absolute monarchs above their kingdomes , nobles , parliaments , and so not responsible to , nor punishable by them for the grossest misdemeanours : but if this their absolute monarchy be onely an usurpation ( as many conceive it , ) not of right , by their parliaments and kingdomes free grants and consents , they are still , in truth , of no greater authority , nor no more exempted from iust censures , then their predecessours . now it is clear , that in ancient times , h the . estates and great councell of france assembled in parliament , and their twelve peeres ( or kings as fabian termes them ) were the highest power and judicature , from which there was no appeale ; that the kings of france could make no binding lawes but by their authority ( though now of late they doe what they please ) and that they have judged the differences between the crownes of england and france ( as i have formerly proved ) and exercised the same , or as great authority as the parliament of england hath done , which authority it hath lost by certaine degrees . to give a few more instances to cleare this truth . i pharamond , the first king of the franks , that reigned in france , an. . was elected king by the unanimous vote and consent of all the people : and by their advice and consent , in his raign , the salique law was made to regulate the discent of the crowne , that no women should be heires to it , or claime it by discent ; which law continues of force untill this day , as all the french historians generally accord , who make frequent mention of it ; though our english have much oppugned it , as you may read in k hall and l speed. m childericus the fourth king of france about the yeare . giving himselfe to all vice and cruelty in such extreame wise , that hee became obible to his subjects , perceiving the murmur of the people , and fearing his sudden destruction , by the counsell of guynemeus , fled out of his kingdome to beseigne king of thuringes . whereupon the french-men with one assent , chose gyll a roman , for their king and governour : who laying grieveous taxes upon his subjects by the fraudulent counsel of guynemeus ( a fast friend to childericus ) and using sharp , execution upon some of the nobles , so farre discontented his subjects that by the helpe of guynemeus , they deposed and chased him into soysons ; and sending for childerious againe , restored and made him king : after whose death his sonne clodovius , was by the people ordained and authorised for king of france : between whose foure sonnes it was afterwards divided n after the death of chilpericus , clotharius being very young , gunthranus king of orleans ( his uncle ) with the assent of the nobles of the realme , was made his tutor : who comming to age , hee offered to referre the differences between sigebert and himselfe touching austracy , ( to which both laid claime ) to an assembly of the lords of that kingdome : and condemned queen brunicheild by the unanimous consent of the lords , to bee tyed by the haire of her head to a wilde horse taile , and so to be drawed while shee was dead ; for her many murthers and criminous deeds ; which was accordingly executed . o king dagobert exercised such tyranny and iniustice in pillaging his commons by exactions and tributes , that those who dwelled in the out parts of the realme neere the turkes , and other strange nations , chose rather to put themselves under their government , than under the rule of their owne naturall prince : poytiers rebelled against him , his lords murmured so much against him , that pipin and martain ( two of his great lords and agents ) to save his crown , dissuaded him from his ill counsells : whence a little before his death , calling a great counsell of his lords spirituall and temporall , hee made his will , and setled his kingdome by their advice ; dividing it between his two sonnes . p theodoricus king of france , giving himself to sloath and idlenesse , committed the government of the realme to ebroyn mr. of his palace , who did what he liked , and vexed and troubled the subjects grievously ; wherefore by assent , the lords assembled them , and by authority deprived the king of all dignity , and closed him in a monastery during the residue of his life , when he had borne the name of a king without executing of the art thereunto belonging , three yeares : the cruell ebroyn they exiled to luxenbourgh during life ; making childericus brother to thesdericus king , ann. . who oppressing his subjects grievously , and using the lawes of his progenitors after his pleasure , and uniustly causing a noble-man called belin to bee tyed to a stake and beaten to death , without guilt or treaspasse hereupon the lords and commons , fearing like punishment without deserving , murmured and conspired against him , and slew him and his wife ( then great with childe ) as they were hunting in a wood : after which they restored theodericus ( whom they had deposed ) to his former dignity ; under whom ebroyn getting into place and favour againe , used such tyrannie towards the nobles and people , that pipin and martaine raised a great army against him , lest he should destroy the commom-weale , gave him battell , and at last hermefreditus slew him : after which pipin was made master of the palace in his place . q k. daegobert the second dying without any issue or knowne heire at all , one daniel ( after named chilpericke ) a priest , was by the lords and peoples generall assent chosen king of france , anno . for that by their former experience of him , they deemed him apt for the rule of the land. after whose death , theodoricus sonne to dagobert , ( secretly fostered among nunnes within nunneries in womans cloathing ) was espied and admitted for king : during most of the forenamed kings , the grand master of the palace swayed the kingdome at his pleasure , and executed the office of the kings , who had nothing but the bare name of kings , and were subject to this grand officer : whereupon theodoricus dying , r childericus his sonne being a sott , and for his dulnesse unfit to governe , charles martell master of the palace , ( who swayed all things in theodoricus raigne ) deceasing , his two sons charlemaine and pipin , by the advice of the nobles of the land , considering the insufficiency of the king to rule so great a charge , divided the land of france betweene them , so that either of them should under the king rule and governe such proportion as then there was to them appointed : charlemayne soone after renounced his government and turned monke ; and pipin , as onely ruler , tooke upon him the charge of the whole realme . pipin then considering in his minde in what danger and trouble before him , his father , and he now had ruled the land , and that the king to whom belonged all the charge , kept his palaces , and followed all his delights and pleasures , without taking any paine for reformation of the same ; sent an ambassage to pope zachary , ( asking his advice in point of conscience , ) whether it were more necessary or wealfull for the realme of france , that he should be admitted for king , that did nothing but apply his minde to all bodily pleasures , without care and charge take● upon him for the guarding of the land , and the people of the same ; or he that tooke upon him all the charge and paine in defence of the land , and keeping of the people in the due subjection ? to this the pope answered , and wrote back to pipin , that he was best worthy , and most profitable for the realme , to be admitted for king , that ruled well the commonalty by justice and prudence , and the enemies thereof defended and subdued by his policie and manhood . ſ aventine relates his answer more largely , in these words ; i finde ( saith zachary ) in the story of divine scripture , that the people fell away from their wretchlesse and lascivious king , that despised the counsell of the wise men of the realme , and created a sufficient man , one of themselves , king ; god himselfe allowing their doings : all power and rule belongs to god , princes are his ministers in their kingdomes ; and rulers are therefore chosen for the people , that they should follow the will of god , the chiefe ruler in all thing , and not do what they list . he is a true king that guideth the people committed to his charge according to the prescript and line of gods law ; all that he hath , as power , glory , riches , favour and dignitie , he receiveth of the people , and the people , may when the cavse reqvireth , forsake their king . it is therefore lavfvll for the franks and germanes , refusing this unkindly monster ( childericke ) to chuse some such as shall be able in warre and peace , by his wisdome to protect and keep in safetie their wives , children , parents , goods and lives . which answer of the pope ( recited and approved in our owne king t edward the confessors lawes , and childerickes deposition likewise chap. . ) being declared to the lords , barons , and commons of the realme ( whom this pope likewise wholly absolved from their allegiance to childericke ) soone after , they of one assent and minde , proceeded , and deposed , and put downe their king and governour , childericke u being a sott , a foole , a beast , and one unfit to governe , and closed him in a monastery , after he had reigned ten yeares in the kings room , by name onely ; which done , they unanimously elected and crowned pipin for their king : by meanes whereof the royall line of moroveus after discents ended , and the crown was translated to pipins blood . which act in point of policie , is determined lawfull by x polybius , who writes , that the reason why some kingdomes became hereditary , was onely this , because their first kings being vertuous and worthy men , they were perswaded their children would prove like them ; but if at any time they degenerat , and prove otherwise , and the * posteritie of the first kings displease the subjects , they thenceforth make the kingdome elective ; chusing kings , not according to their strength of body and mindes attempting great things , but according to the difference of their will and reason manifested by their actions : and by y aristotle , who informes us , that in kingdomes confirmed in succession of blood , this is to be numbred among the causes of their ruine , that the kingdomes descend to many contemptible and slothfull persons , who although they obtaine no tyrannicall but royall dignitie , yet they live lustfully and proudly ; and so the kingdome easily falls to ground , and becomes a tyrannie , the people being unwilling that such should rule over them ; and so either wholly alter the forme of government , or make choice of a fitter king for the necessary preservation of the state ; yea this election in point of police and divinity too , is justified and proved lawfull by buchanan , in his book de iure regni apud scotos ; by iohn mariana , de rege & regis instit . l. . c. , . by pope zachary in his forceited epistle , by king edward the confessor in his laws c. . by a generall councell of all the peers , and prelates of france ; convocato enim principum et senatorum concilio de commvni sensv et volvntate omnivn childericum solo nomine regem à regni fastigio deponunt , &c. ac omnibvs gavdentibvs et volentibvs , pipinum super francos regnare facivnt ; writes z antoninus : and in a word , our bishop a bilson himselfe , an anti-puritane , and great royalist , affirmes , that if the king be a naturall foole , distracted , and altogether unable to governe , as childericke was , any realme , by publicke consent and advice , may choose another to govern them : of which more before . pipin b deceasing , charlemain and charles the great , his sons , reigned joyntly over the frenchmen , by their ●oyous admittance . having now two kings instead of one c lewes , sirnamed the godly , sonne of charles the great , ( a pious , yet unfortunate prince ) by meanes of his sonne lothair , was first imprisoned , and then by a councell and parliament held at compaygne , by authority of the spirituall and temporall lords , and of that parliament , discharged of all rule and dominion , as well of the empire , as of the realme of france ; after that shorne a monke , and thrust into the monastery of saint marke , where he was strictly guarded ; and when some of the nobles and people afterwards desired lothair to release and restore him to his former dignity ; he answered them : that the deposing of him was done by the whole authority of the land ; wherefore if he should be againe restored , it must be by the same authority , and not by him onely : after which by the lords assents hee was restored . d lewes and charles , after lewes balbus their fathers death , were joynt kings of france , and being very young , by a parliament held at meaux , lewes the emperour , their vncle , was declared to be more apt to rule the kingdome of france , then these infants , or barnard their guardian , and these children held by some illegitimate . whereupon , by the greater number of voyces an ambassadour was sent to the emperour , to come and take upon him the rule of middle france , which he comming to doe , his nephewes friends compounded with him , and then caused these infants to be crowned and proclaimed kings . e charles the simple , at his fathers death , anno . being too yong to take upon him the charge of the realme , the lords of france put him under good and convenient guiding , and of assent they chose eudo , a man of great fame and worth , to be king of the land , for the terme of his life , and to guide the land , till charles should come to his lawfull age , whom they put under eudo his tuition , making him king in his stead , who was crowned of walter then archbishop of senys . after which when eudo knew he should dye , he called before him the lords and nobles of france , charging them by solemne oath , that after his death they should immediately crowne charles for their king ( whom he had brought up with diligence in learning and all princely vertues ) being then of age to governe . charles comming to the crowne , the danes miserably walled his kingdomes ; whereupon his nobles and people assembled themselves in sundry companies , and went to the king , shewing their misery and blaming his fearfulnesse and negligence , that he no more for him resisted the danes cruelty ; whereupon ( he out of feare belike , lest they should chuse another king to protect them ) compounded with rollo chiefe commander of the danes , giving him all normandy , and his owne daughter in marriage , to purchase peace ; f charles being afterwards slaine by hebert earl of vermendoyes , algina his wife mistrusting the frenchmen , fled secretly with her young sonne lewes ( heire to the crowne ) to edward the elder into england : whereupon , that the land might not be without a ruler , the lords of france assembled at paris , and there tooke councell to elect a new king ; where , after long debate , they named and crowned raulfe , sonne to richard duke of burgundy king , as next heire to the crown but young lewes : raulfe dying after he had reigned yeares , the nobles hearing that lewes was alive in england , sent for him into france and crowned him their king. g lewes the . dying without issue , being the last king of pipens blood ( who enjoyed the crowne . discents ) hugh capet usurped the crowne , putting by charles duke of loraigne , vncle and next heire to lewes , whom by the treason of the bishop of laon , he took prisoner : after which the crowne continued in this hugh and his heires . h philip the . of france , by a counsell of his prelates was excommunicated for refusing to take ingebert his wife , whom he unlawfully put from him , and to renounce mary whom he had married in her stead ; and calling a parliament , they concluded , that king iohn of england should be summoned to appeare as the french kings liege-man , at another parliament to be holden at paris within . dayes after easter , to answer to such questions as there should be proposed to him for the dutchy of normandy , and the county of angeou and poytiers ; who not appearing at the day , philip hereupon invaded and seized them : after which , i lewes the . and henry the . of england in a parliament at paris , made a finall composition for these lands . k lewes the . being under age , was thought of many unsufficient to govern the realm ; and when he had a mind to goe to the holy warre ▪ as it was then deemed ) he did not undertake it , but by the advice of his great councell of spirituall and temporall lords and persons , who assisted him therein . l philip the . in the . yeare of his raigne , raised a great taxe throughout france , ( which before that time was never heard nor spoken of ) by his absolute prerogative , without consent of his estates in parliament , which had the sole power of imposing taxes : which taxe all normandy , picardy and champaigne allying themselves together , utterly refused to pay : which other countries hearing of , tooke the same opinion , so that a great rumour and murmur was raised throughout the realme of france , in such wayes , that the king for pacifying the people , was faine to repeale the said taxe . m lewes . of france dying without issue male , left his queen great with child , whereupon philip his brother reigned as regent of france , till the childe was borne , which proved a male , named iohn : who dying soone after , philip was crowned king at paris , albeit , that the duke of burgoyn and others withstood his coronation , and would have preferred the daughter of king lewes . but other of the lords and nobles of france , would not agree , that a woman should inherit so great a kingdome , it being contrary to the salique law : this philip by advise of evill counsell set a great taxe upon his commons to the fifth part of their movable goods , at which they murmured and grudged wondrous sore , and before it was levied , hee fell into a fea●●r quartan and great flixe , whereof hee dyed ▪ which sickenesse fell upon him by prayer of the commons for laying on them the said grievous taxe . n charles the fifth of france , having a purpose to drive all the english cut of aquitaine , and other parts of his kingdome ; and being provided of all things which he thought needfull for the doing of it , yet would not undertake the warre without the counsell and good liking of the nobility and people , whose helpe he was to use therein : wherefore he commanded them all to be assembled to a parliament at paris to have their advice , and by their wisdome to amend what had by himselfe not altogether so wisely been done , and considered of . and this warre being at last decreed by the councell , prospered in his hand , and tooke good successe . whereas when the subjects see things done , either without counsell , or contrary to the wills and decrees of the senate or councell , then they contemne and set them at naught , or else fearfully and negligently do the command of their princes ; of which contempt of lawes , magistrates , and seditious speeches ensue among the people ; and so at length most dangerous rebellion , or else open conspiracy against the prince , as bodin observes . this o charles dying without issue maie , leaving his wife great with childe , philip earle ofvaloyes , his nephew , was by the barons and lords made protector and regent of the realme of france , untill such time as the queene was delivered ; who being brought to bed of a daughter onely , hereupon philip was crowned king. betweene him and king edward the third of england , and their councells , arose great disputations for the right and title to the crowne of france ; for it was thought , and strongly argued by the councell of england , for so much as king edward was sonne and sole heire to his mother queene isabel , daughter to king philip le beaw , that he should rather be king of france , then philip de valoyes , that was but cousin german to philip le beaw : of which disputations , the finall resolution of the lords and parliament , was , that for an old decree and law by authority of parliament long before made , ( which the english much oppugned ) that no woman should inherite the crowne of france ; therefore the title of edward by might of the frenchmen , was put by ; and philip by an act of the whole french state , ( by which his right was acknowledged ) admitted to the government of the same . after which one simon poylet was hanged in chaines , headed , and quartered at paris , for saying in open audience , that the right of the crowne of france belonged more rightfully unto king edward , then to king philip ; who had long warres about these their titles to the crowne . king q iohn of france , in the fifth year of his reigne , had by authority of the three estates of his realme assembled in parliament ( to wit of the spirituall lords and nobles , and heads of cities and good townes of his kingdome ) men waged for a yeare , granted to him to defend him and his realme , against edward the third king of england ; who the next yeer following took king iohn prisoner in the field : whereupon charles duke of normandy , his eldest sonne , and heire apparent , assembled the estates at paris in a parliament there held , craving aid of them to redeem their captivated king ; who promised their uttermost help herein , desiring convenient time to consult thereof : which granted , the three estates holding their councell at the gray fryers in paris , appointed fifty persons among them to take view , and make search of the grievances and evill guidance of the realme ; who after examination appointed six of themselves to acquaint the duke , that the realme before time had beene misguided by ill officers , and except remedy for it were shortly found , it should stand in perill to be lost ; wherefore they besought him to discharge all such as they would name unto him , and over that to forfeit their goods to the kings use . and first they name peter archbishop of roan , chancellor of france , sir simond de bury , chiefe counsellor of the king and parliament too , sir robert de lorize before time chamberlaine to the king , sir nicholas brake master of the kings palaces , engueram burgesse of paris & under treasurer of france , iohn pryll soveraigne of the money & king , accounts , and iohn channeon treasurer of the kings wars . all which officers they would should be discharged all royall offices for ever : also they would that the king of naverne ( then imprisoned by the king of france ) should be set free , and that duke charles himselfe would be contented to be advised and counselled by such as they should appoint unto him ; namely , by foure prelates , twelve knights , and twelve burgesses , which eight and twenty persons should have authoritie to rule and ordaine all things necessary for the realme , to set in and put out all officers appertaining to the realme , with divers other requests which unto the duke were nothing agreeable : vpon which requests the duke gave answere , that he would counsult with his councell , and thereupon would shape unto them some reasonable answere . but first he desired to know , what aide the three estates would give unto him , for delivery of his father : whereunto was answered , that the clergie had given a disme and a halfe to be paid in a yeare , with that , that they may have license of the pope , and the lords as much to be levied of their lands , and the commons the tenth penny of their moveable goods . the morrow following the duke and his councell met , and after many messages betweene them and the three estates , offers to reforme some part of the articles . but the estates firmely answered , that unlesse he would reforme all the said faults , and confirme the said articles to their minde , for the common-wealth of all the land , they should not aide him with their goods , like as they shewed him . the duke hereupon secretly acquainted king john of these proceedings , who wrote to him againe , that in no wise he should agree to the said requests , and to the end that these matters should not be touched in open parliament , he deferred the debate of them from day to day ; and at last by advice of his councell , dissolved the parliament of the three estates , and commanded every man to returne home without any effect of their long counsell : wherewith many of the said persons were grievously miscontent , saying among themselves , that they perceived well this was done by the duke to the intent the requests by them devised , should not take place , but that the old misgovernance might continue like as before times it had done : wherefore divers of them assembled againe at the gray fryers , and there made out divers copies of the said requests , to bear them into their countries , and shew them unto the good townes . and albeit the duke after this councell thus disolved , asked ayde of the citie of paris , and other good townes to maintaine his wars ; he was plainly answered , * that they might not ayde him , unlesse the three estates were againe reassembled , and that the grant of the ayde might passe by their authority : whereunto the duke in no wise would agree . in the mean time the estates of languedock assembled in their province by the earl of armenake , the kings lieutenant , to make ayde for the kings deliverance , agreed to purvey at their proper costs men at armes , with a furniture to every speare , and a souldiers on horsbacke , arbalestres , and others called gunsiers : all which to be waged for a whole yeare ; and farther ordained , that no man should weare any furres of great price : that women should leave the rich at tire off their heads , and weare neither pearle nor gold upon them , nor silver in their girdles ; and that all manner of minstrelsie should be put to silence , so long as the king remained prisoner . the duke and his counsell after this , proclaimed at paris certaine coynes and values of money , newly ordained by them ; with which proclamation the commons of the city were grievously ●moved : and for reformation , the provost of the merchants with others , rode to the earle of angeou the dukes brother and lieutenant , ( who was then absent at meaux ) requesting him to cease the use of that money ; and if not they would use such meanes , that it should not be suffered to be put forth nor taken within the city . whereupon after long debate it was agreed , that the money should be stopped till the dukes pleasure was knowne : vpon whose returne , the dukes counsell sent for the provost , and desired him to suffer the said money to run and be currant throughout the said city ; which , the provost with his company utterly denyed : and after many great and bold words , departed from the counsell in great ire , and after their returne unto the city , incensed so the commonalty , that they set apart all workmanship and occupation , shutting in their shops , and drew unto their armour and harnes . the duke informed of this murmure of the commonalty of the city , straitly commanded the provost , that the kings peace were kept within the city ; and that he with certaine citizens should appeare at the palace before him and his counsell the next day , at an houre assigned : at which time the provost with his company came and were conveyed into the parliament chamber , where the duke and his counsell were present . then the duke after certaine challenges made to the provost for his obstinacy and misleading the commonalty of the city , said : that , albeit the king by his * prerogative , might at his pleasure , and for his advantage , make his monies when he would , and so to suffer them to be currant thorow his realme ; yet for the weale and ease of his subjects , considering their manifold and late charges , he was content , that at this season , this new money should be spared ; and that the . estates should be againe assembled , and that they should deprive all such persons then bearing offices as they should thinke prejudiciall to the realme , and ●ver that , to ordaine such money as might be beneficiall for the land : of all which grants the provost , to the intent , that he might of authority shew them unto the commonalty of the citie , desired a writing : the which the duke to appease the people , though it were much contrary to his minde and his pleasure , granted unto his request . the thirtieth day of ianuary ensuing , the duke , at the request of the said provost , sent certaine officers to the houses of simon de burg , and others accused of misgoverning of the realme , whose houses the said officers seized and made inventories of their goods : that done , the duke sent out commissions , and assembled the three estates againe at paris , the . day of february : where , in the parliament chamber in the presence of the duke , estates , and divers nobles , robert coke bishop of laon by command of the duke , made a long oration , of the misguiding the king and the land by meanes of evill officers , as well by changing of money , as other many unlawfull excises and taxes , to the great impoverishment of the commonalty of the realme , and to the singular enriching and advancement of the said officers ; wherefore the three estates prayed , that all such officers may be removed from their offices , and other that shall be thought more beneficiall for the king and his realme to be admitted : of which officers the archbishop of roan ( then newly made cardinall ) was noted for one , and other to the number of . whereof some were right neere to the duke . after which oration , sir iohn de pigquine , in the name of the three estates offered , that the three estates should finde to the king . men for an whole yeare , so as all things might after that day be ordered as the bishop had before devised : all which articles were unto them by the duke granted , and incontinuently all such officers as they before had named were clearly avoided , and other such , as by the said . estates were thought most necessary , were put and chosen to their roomes , except that some of the old ( as masters of accounts and some of the presidents and masters of the requests ) were holden in for a time , to shew unto the new , how they should order and guide their said offices : and the of march was a new money proclaimed thorow paris , such as the said . estates had newly devised . the king informed of this , sends the archbishop of sennes and two earles from burdeaux where he was prisoner , with a proclamation , which they caused to be proclaimed in paris the . of april , that the people should not pay such subsidies as the . estates had ordained for the waging of the . men aforesaid , or for the kings fine ; and also that the . estates after that day should no more assemble for any causes or matter before touched , till they had farther knowledge of the kings pleasure : for which proclamation the citizens of paris much blamed the said bishop and earles , who purchased it , who as soone as this proclamation was made , for feare of the people , fled from paris . vpon this proclamation the commons waxed so mad , that they left their occupations , drew them to conventicles and companies , and used many unfitting words of the king and his counsell : whereupon to avoid inconvenience , the duke commanded a watch to be kept in the city day and night , and certaine gates of the city to bee kept shut . vpon the . day of april , another proclamation was made all contrary to that other . by vertue whereof , it was charged , that the fore-said subsidies should bee levyed , and also that the . estates should re-assemble at paris , the . day after easter , and there to proceed upon all such matters as were before by them begar . when the estates meet againe there grew a difference between them and the duke , about the subsidies for the finding of . men , the summe assessed for that purpose being too small by much , the clergy and lords then refusing to pay any more then they were first sessed unto : by meanes of which difference , the assembly of state was dissolved . whereupon strait command was given by the duke to the provost of paris and others ( who bare principall sway within the city , and were great stricklers and doers in the assemblies of the . estates , so that much of the businesse was ruled by them and their meanes ; ) that they should cease their authority , and not to deale any more with the rule of the realme , but onely with the good rule and government of the city of paris : that done , the duke rode about to divers good townes , making request to them for ayde , and to have this new money currant among them . but he sped little of his purpose . then shortly after he assembled at paris certaine person of . or . townes next adjoyning , with whom he held a counsell for sundry dayes ; who in the end shewed him ; that they might bring nothing to effect without the assembling the . states , besought him that they might be eft-soon assembled , trusting that they would then satisfie his minde : upon which the duke sent forth commissions , charging the said . estates to appeare before him at paris the next wednesday after all-saints day ; which they did , where the duke condiscending to their former articles he gave the king of navarre and the . estates full content ; who promised that they would demeane themselves to his father and him , as true and dutifull subjects ; and advising him to take upon him the government of the realme , they created him regent of france , during his fathers imprisonment . after this hee assembled the estates and chiefe burgesses of cities at paris , and acquainted them with the king of englands large demands for his fathers inlargement ; which were so displeasing to all the company , that they answered , the said treatie was neither honourable nor profitable : and rather then the king should binde him and his land to such inconveniences , they would prepare to make sharpe warre against england : whereupon they granted to finde divers thousands of men at arms , at their owne costs , for certain moneths , to relieve the king : and at q another parliament assembled when iohn was dead , and charles came to the crowne , they granted an excise of every penny of all things bought and sold for the maintenance of his warres , the spiritualty granted him a disme , and the lords and gentlemen were stinted at a certaine . and in the eleventh yeare of his reigne , he assembled his great councell of parliament at paris , where among many acts made for the weale of the realme ; he , with the assent of the lords and commons there assembled , enacted for a law after that day to be continued , that all heires of the crowne of france , their fathert being dead , may be crownned as kings of france , so soone as they attained to the age of fourteene years . and in the fifteenth yeare of his reigne , the r duke of flanders granted to those of gaunt such articles of agreement , for the confirmation of their liberties , the repealing of illegall taxes , the electing of their owne officers , the dukes councellours , and the like ( which you may read in fabian ) as plainly manifest this whole dukedome and people to be of greater jurisdiction then himselfe , though invested with regall authoritie , and that he had no power to impose any taxes on them , without their grant and consent ; the contrary whereof caused many bloudy warres among them . charles ſ the seventh ( after fabians account , but sixt after the french history ) a childe of thirteene yeares , by reason of the difference between the lords who should be vicegerent , was by the advice of the major part of the lords , for the common good of the realme , crowned at raynes within the age of fourteen yeares , contrary to a law made in the eleventh yeare of his father . in the fourth yeare of his reigne , the citizens of paris murmuring and grudging for divers impositions and taxes unduely leavied upon them , suddenly arose in great multitudes , intending to have distressed some of the kings houshold : whereupon soone after , the kings councell considering the weaknesse of the treasure , and his great charges and needs ; and assembling a parliament of the rulers of paris , roan , and other good townes , exhorted them to grant the king in way of subsidy , twelve pence in the pound , of all such wares at that day currant , for the defence of the realme and subjects . to the which request , after consultation taken , it was answered ; that the people were so charged in times past , that they might not beare any more charges till their necessity were otherwise relived : and so the king and his councell at this time were disappointed . in his seventh yeare , by the duke of angeau his procuring , a tax was laid upon the commons of france ( without the three estates : ) which to bring to effect , many friends and promoters were made , as well of citizens , as others . whereupon the commons of paris and roan became wilde , assembled in great companies , chose them captains , and kept watch day and night , as if enemies had been about the citie ; utterly refusing to pay that tax . this charles being none of the wisest prince , ruled by his houshold servants , and beleeving every light tale brought unto him , t marching against the duke of brittaine , as he came neare a wood , was suddenly met of a man like a beggar , which said unto him , whither goest thou sir king ? beware thou goe no further , for thou art betrayed , and into the hands of thine enemies thine owne army shall deliver thee . with this monition the king was astonied , and stood still , and began to muse . in which study one of his followers that bare his speare , sleeping on horsback , let his spear fall on his fellowes helmet ; with which stroke the king was suddenly feared , thinking his enemy had come unawares upon him ; wherefore in anger he drew his sword , slew foure of his owne kinghts ere he refrained , and took therewith such a deadly fear , as he fell forthwith distracted , and so continued a long season , being near at the point of death . vvhereupon his brother lewes of orleans , being but young , the states of france thought it not convenient to lay so heavy a burthen upon so weake shoulders ; wherefore his two vncles the dukes of berry and burgaine , by avthority of the states of the land , specially assembled in parliament upon this occasion tooke upon them to rule the realme for that season , it being ordered by a speciall law , that they should abstain from the name of regent , unfit in this sudden accident , the king being alive , and of years : and because the duke of berry had but an ill name , to be covetous and violent and was therefore ill beloved of the french , his younger brother philip duke of burgoyn , had the chiefe charge imposed on him ; and though the title was common to both , yet the effect of the author tie was proper to him alone , who changed divers officers . after which the duke of orleance was made regent , being the kings younger brother , who pressing the people with quotidian taxes and tallages , and the spirituall men with dismes and other exactions , he was at length discharged of that dignitie , and the duke of burgoyne put in that authoritie . after this our king u henry the fift , gaining a great part of france , and pretending a good title to the crowne ( recited at large by x hall and iohn speed ) the frenchmen to settle a peace , made this agreement with king henry : y that he should marry katharine the french kings daughter , and be admitted regent of france , and have the whole government and rule of the realme , during charles his life , who should be king of france , and take the profits of the crowne whilest he lived ; and that after the death of charles , the crowne of france , with all rights belonging to the same should remaine to king henry , and to his heires kings : that the lords spirituall and temporall , and the heads and rulers of cities , castles and townes , should make oath to king henry , to be obedient to his lawfull commands concerning the said regency , and after the death of charles to become his true subjects and liegemen ; that charles should in all his writing name king henry , his most dearest sonne , henry king of england , and inheritour of the crowne of france ; that no imposition or tax should be put upon the commons of france , but to the necessary defence and weale of the realme ; and that by the advice of both councels of the realmes of england and france , such stablished ordinances might be devised , that when the said realme of france , should fall to the said henry , or his heires , that it might with such unity joyne with the realme of england , that one king might rule both kingdomes as one monarch ; reserved alwayes to either realme all rights , liberties , franchises and lawes , so that neither realme should be subject unto other , &c. vvhich articles were ratified and agreed with the consent of the more part of the lords spirituall and temporall of france ▪ but z charles dying , his sonne charles the eight , was by some part of france , and many lords , reputed and knowledged king , but not crowned whiles the duke or bedford lived and remained regent , our henry the sixth , both in paris and many other cities , being allowed for king of france . after his death , his sonne a lewes the eleventh , ( 〈◊〉 fabian accounts ) by strength of friends was crowned king of france ; who refused the counsell and company of his lords , and drew unto him , as his chiefe councellors , villaines and men of low birth , as iohn de lude , iohn balua , oliver devill , ( whose name for odiousnesse he changed into daman ) with others , whom he promoted to great honours and places : vvhereupon the lords murmured , and were so discontented , that the duke of brittaine , and others , withdrew them from the king , and refused to come unto his presence when he sent for them , raising a great power : and when no peace could be mediated between the king and them , they met in a plaine battell at chartres , where many were slaine on both sides , but the king lost the field . after which an accord was made betweene them , but the king continued his old courses , delighting more in the company of lewd , irreverent persons , to eate and drink with them , and to heare them talke of ribaldry and vicious fables , then to accompany his lords , which might have won him much honour , going liker a serving man then a prince : and being a great oppressor of his subjects to maintaine hiprodigality , for lack of money , he was driven of necessitie to aske a preste of the citizens of paris ; who , after many excuses , which might not be allowed , they lastly denyed the kings pleasure . vvherewithall he being grievously discontented , removed divers from their offices , and put many of the richest and head men of the citie to death , upon surmised causes , without proofs of justice : for which causes , and many other oppressions , the lords against assembled their people , intending to subdue the king , and to set his brother in his place , or to cause him otherwise to rule the commonwealth : to which end all the lords met at a towne called stampes , where they continued their councell fifteene dayes , and then marched to paris , sending four severall letters unto the citie ; one to the bishops and spirituall men , the second to the consulls and headmen , the third to the vniversitie , the fourth to the commonalty , signifying , that neither they nor any of their company were come thither as enemies to the citie , or to warre against it , or the commonwealth of the land , but for the increase and augmentation thereof to the uttermost of their powers . vvhereupon these foure parties sent certaine orators for them to the lords , who after long communication with them had , returned to the citie with this report ; first , the lords would that the inhabitants of the city should consider the conditions of the king , which yearly oppressed his subjects with taxes and other grievous servages . secondly , how he despised the noble bloud of his realme , and drew to him villaines and men of no reputation , by whose counsell onely all the common-weale of the land was guided and ruled . thirdly , how hee ruled his subjects by force and will without administration of justice , and himself in all counsels and parliaments is iudge of all causes , and calleth himselfe counsels and parliaments more for this singular weale then for the common-weale of his realme . fourthly , how he enhaunsed men of low birth to great honours , and caused noblemen to be obedient unto them , intending to bring the said ignoble men to be equall with the princes of the land. fifthly , how the lawes be delayed and bolstered by such as stand in his favour , wherethrough at this day law is will , and will is law , and no man almost in any surety of life or goods ; insomuch that daily many have been banished and put to death for unlawfull causes , and also to any noble-man at this day no power or roome of honour belongeth ; so that to the wild beasts in the forrests appertaineth more liberty and surety then to the more party of the kings subjects . sixthly , the great taxes and summes of money which daily be levied of the commons be not spent in the kings honourable needs , and for the commonweale of the realme , but are spent vainly and riotously , and bribed out of the kings coffers ; for which enormities and misgovernance with many other , the said lords were come thither in defensible wayes for the safeguard of their owne persons , as to the head and principall city of the realme , for to have aide and counsell , to reforme the foresaid evills , not intending any harme to the kings person , or yet to remove him from his regality or kingly majestie ; but to induce and advertize him to that which should be for his honour and the weale of his realme , and to live in wealth and honour , as his noble progenitors lived before him ; for which causes and considerations , the said lords , as the kings true subjects , and friends to the commonwealth of the land , and of that city , desired to enter there to refresh them and their people , and to pay truly for all things they should take , without doing harme or violence to any person . all which requests and matters of the lords shewed to the inhabitants of the city , by fauour of some friends they there had , it was with the more partie well accepted , and though convenient they should be received into the citie ; but by meanes of the earle of davoise it was respited , till they had further knowledge of the kings pleasure : who comming out of normandie into , paris after diuers skirmishes , the king and lords fell to a treaty of peace , whereupon commissioners on both sides assembled and communed together by sundry times two dayes ; in which season new strength of souldiers came to the king out of normands . the treatie hanging long , and a longer truce being proclaimed , the souldiers fell to robbing , and other unlawfull acts ; and at last , through obstinacy on both parties , all offers were refused , and the day of the truces expiration approached , without hope of accord ; whereupon provisions for warre were made on both sides . then begun grudges and murmures betweene the kings souldiers and the citizens of paris : and shortly after newes came to the king , that the castle and citie of roan was yeelded up to the duke of burbon : vvhereupon the king considering what great advantage the lords had of him , both by strength and favour of the commons , which daily drew unto them by sundry companies , in avoiding of more danger , concluded a peace : which being proclaimed thorowout all france , the king and lords met , to whom the king shewed great semblance of kindenesse , specially to his brother charles duke of normandy ; therein appeared great dissimulation , lewes being of such conditions , that what he might not overcome with strength , he would win with dissimulation and treachery . not long after the king warred upon charles his brother , the duke of burgundy and brittaine , and a treaty of peace being propounded betweene them , charles answered , that if a perfect concord should be established betweene the king and him , it should be authorized by the whole consent and counsell of the barons of the realme . vvith which the king being content , at turon , in the moneth of april , and tenth yeare of his reigne , assembled a counsell of his lords spirtuall and temporall , in the which the demands of charles , and offers of the king were shewed : and after the said councell had at length reasoned the said demands and offers , it was finally determined , that the dutchy of normandy was so appropriated unto the king of france , and to his heires , that in no wise it might be dissevered from the crowne ; but that a perfect unitie might be had betweene the king and his brother , the king should be instanced to give yearly to his brother in recompence of the said dutchy , pounds of turon money , with certain land to be assigned with the name of a duke , and annuall rent of like money during his naturall life , for such portion as he claimed to be his right , within the realme . to all which the king agreed , and to pardon the duke of offences against his majestie , and all such lordships as he had wonne from him in britaine , to restore : which offers charles refusing , was the yeare following contented with the dutchy of guyan onely , and so the warre of normandy ceased . after lewes his death most of his speciall and dearest beloved servants and ill councellours ( whom he specially recommended to his sonne charles the ninth on his death-bed ) came to disgracefull ends : b oliver damman was beheaded for treason , and iohn doyacon for trespasse and hatred unto the common people by his desert , was with all shame brought to the market place at paris , and there bereft of both his ears , and then banished the court for ever ; by reason whereof arose this proverbe among the frenchmen , principibus obsequi haereditarium non esse , the favour of princes is not hereditary . c philip de commines living under lewes the eleventh , and charles the eighth , by whom he was made lord of argenton , being in high favour with them , and a great councellor of state , hath this notable passage , against the french kings power then to impose any taxes on their subjects , without their free assents in a parliament of the . estates , though the contrary be now daily practised , to the intollerable grievance of the subjects ; c is there any king or prince that hath power to leavie one penny upon his subjects , besides his demains , without leave or consent of those that must pay it , unlesse it be by tyrannie and violence ? a man will say , that sometime a prince cannot tarry to assemble his estates , because it would require too long time . whereunto i answere , that if he move a warre offensive , there needeth no such haste , for he may have leisure enough at his owne pleasure to make preparation ; and further , he shall be much stronger and much more feared of his enemies , when he moveth warre with the consent of his subjects , then otherwise . now as touching a warre defensive , that cloud is seene long before the tempost fall , especially when it is a forraine warre ; and in this case good subjects ought not to complaine , nor to refuse any thing that is laid upon them : notwithstanding such invasion cannot happen so suddenly , but the prince may have leisure at the least to call together certaine wise personages , to whom he may open the causes of the warre , using no collusion therein , neither seeking to maintaine a trifling warre upon no necessitie , thereby to have some colour to leavie money . money is also necessary in time of peace , to fortifie the frontiers , for defence of those that dwell upon them , lest they be taken unprovided , but this must be done measurably . in all these matters the wisdome of a sage king sufficeth , for if he be a just prince , he knoweth what he may do , and not do , both by gods lawes and mans . to be short , in my opinion , of all the seniories in the world that i know , the realme of england is the countrey where the commonwealth is best governed , the people least oppressed , and the fewest buildings and houses destroyed in civill warre , and alwayes the lot of misfortune falleth upon them that be authors of this warre : our king is the prince in the whole world that hath least cause to alledge that he hath priviledges to leavie what he listeth upon his subjects , considering that neither he nor any other prince hath power so to doe ; and those that say he hath , do him no honour , neither make him to be esteemed any whit the mightier prince thereby , but cause him to be hated and feared of his neighbours , who for nothing would live under such a government : but if our king , or those that seeke to magnifie and extoll him , should say , i have so faithfull and obedient subjects that they deny me nothing i demand , and i am more feared , better obeyed , and better served of my subjects , than any other prince living ; they endure patiently whatsoever i lay upon them , and soonest forget all charges past . this ( me thinkes , yea , i am sure ) were greater honour to the king , then to say , i leavie what i list , and have priviledge so to doe , which i will stoutly maintaine . king charles the fift used no such termes , neither did i ever heare such language proceed from any king , but from divers of their servants , who thought they did their master great service in uttering such speeches ; but , in mine opinion they misbehaved themselves towards their prince , and used such language , partly because they would seeme to be good servants , and partly because they knew what they said . but for a manifest proofe of the french mens loyaltie and obedience to their prince , we need alledge none other example then that we have seene ourselves of late by experience , when the three estates were assembled at towrs , after the death of our master king lewes the eleventh , which was in the yeare of our lord , . a man might have thought this good assembly to be dangerous for the kings estate ; yea , and divers there were of mean calling , and lesse honesty : that said then , and often said since , that it is treason to make mention of assembling the estates , and a thing tending to the diminishing of the kings authoritie ; but themselves are those that worke treason against god , the king , and the common-wealth ; neither doe any use these speeches , but either such as are in authoritie without desert and unworthy thereof , or such as are common tale-carriers , and accustomed to talke of trifling matters , or such as feare great assemblies , lest their doings should there be ripped up and reprehended , &c. d charles the eighth of france , beeing but thirteene yeares of age when the crowne descended to him ; hereupon in the year . a generall parliament was held at towrs , with more free accesse then had beene usuall , yet not so effectuall as was expected , every one seeking rather to maintaine his private authoritie then to procure the peoples ease . in this parliament the pragmatick sanction was restored , to use it as they had accustomed . the constables sword was given to the duke of bourgon , the government of the kings person to his sister ; a cunning woman , and somewhat of her fathers humour ; but the name of regent was forbidden to them all , to prevent jealousies : and there was a counsell enacted of twelve , by whom matters should be dispatched in the kings name ; of the which lewes duke of orleance should be president . lewes discontented with the device , seekes to hold his ranke ; he pretends , that being the first prince of the blood , the regency belonged unto him : he assists at the councell in parliament , and in the assemblies in towne , and notwithstanding the last vvill of king lewes , and the decree of the estates , yet will he by force have the name and effect of regent . vvhereupon discontents arising , he leaves the court in discontent , and raised a civill warre . however , the estates setled the regencie and affaires of the realme . e anno . francis the first king of france was taken prisoner by the emperour charles the fifth in the battell of pavia ; who by mediation of friends for his enlargement , sent the earle of reux his lord steward , to offer the king liberty , so as he would resigne all the rights he pretended in italy ; restore the dutchy of burgongue , as belongeth to him by right , with provence , and dolphine for the duke of bourbon , to incorporate them with other lands which he had formerly enjoyed , and to make all together a kingdome . moreover the emperour offered to give him his sister in marriage , propounding many other conditions , so absurd and void of reason , as it is better to let the curious reade them in the originalls themselves . amongst all losses , that of liberty toucheth neerest ; but francis having learned to withstand all adversity with a constant resolution , said , i will dye a prisoner rather then make any breach in my realm for my deliverance , whereof i neither wil nor can alienate any part without the consent of the soveraign courts and officers , in whose hands remains the authority of the whole realm we preferre the generall good before the private interest of kings persons . if the emperour will treat with me , let him demand reasonable things which lye in my power , then shall he finde me ready to joyne with him , and to favour his greatnesse . the emperour seeing the king constant in this resolution , in the end yeelded to his delivery , upon these termes , that within six weekes after his delivery he should consigne the dutchy of burgengue to the emperour , with all the dependancies , as well of the dutchie , as of the county , the which should hereafter be sequestred from the soveraigntie of the realme of france ; that he should resigne to the emperour all his rights pretended to the estates of naples , milan , genoa , and ast : that he should quit the soveraignty of flaunders and arthois , &c. hereupon the king being enlarged , and arrived at beyonne , he was required , to ratifie the accord , which he had promised to doe when hee came to a free place : but he delayed it with many excuses , giving the emperour to understand , that before he proceeded to such an act , it was necessary that he should pacifie his subjects , who were discontented with bonds which tended to the diminution of the crowne of france , &c. after which , the pope and the venetians sending messengers unto him , he complained of the emperour , that he had wronged him in that he had forced him to make impossible promises , and that he would be revenged if ever occasion were offered ; and that he had often told him , * that it was not in the power of a french king to binde himselfe to the alienation of any thing depending of the crowne , without the consent of the generall estates : that the lawes of christians did not allow , that he which was taken in warre should be detained in perpetuall prison , which was a punishment proper to malefactors , and not for such as had bin beaten by the cruelty of fortune : that all men knew that bonds made by constraint in prison , were of no value , and that the capitulation being of no force , the faith likewise which was but accessary , and the confirmation of the same could not be bound : that by the oath which he had taken at rhemes at his coronation , he was bound ( according to the custome of other kings of france ) not to alienate the patrimony of the crowne ; and therefore for these reasons he was no lesse free then ready to abate the emperors pride . the emperor growing jealous of the kings delayes , for ratification thereof sent one unto him , to be certified of his intent , who found him very unwilling to leave burgundy ; which being very prejudicall to the crowne of france , he said , was not in his power to observe ; and that hee could not alien the bourguinans without their assents in an assembly of the estates of the country , which he intended to call shortly to know their minds . by which it is most apparent , that the kings of france have no power at all to dispose of their crown lands or alienate them to others ( as other subjects may doe ) because they hold them onely in the right of their crowne for their kingdomes use and service , the true proprieters of them . upon which very ground f philip augustus king of france , anno . in a solemne assembly of the states at lyons , told walo the popes legate ( who came to prohibit his sonne lewes to goe to receive the crowne of england , because king iohn had resigned it to the pope ; ) that no king or prince can give away his kingdom without the consent of his barons , who are bound to defend the kingdome ; and if the pope decreed to defend this errour , he should give a most pernitious example to all kingdomes : whereupon all the nobles of france began to cry out with one mouth , that they would stand for this article unto death , that no king or prince by his sole pleasure could give his kingdome to another , or make it tributary , whereby the nobles of the realme should be made servants : and the next day lewes his advocate alledged , that king iohn for his homicides and many other enormities , was justly rejected by his barons , that hee should not reigne over them . that he could not give the crowne of england to any one without the assent of his barens ; and that when he had resigned it , he presently ceased to be a king , and the kingdome became void without a king , and being so vacant could not be disposed of without the barons , who had lawfully elected lawes for their king : who in pursuance of this his title , ( which the estates of france held just , ) sailed into england , took possession of the kingdome , received homage of all the barons , and citizens of london , who joyfully received him , taking an oath upon the evangelists , to restore them their good lawes , together with their lost inheritances . g henry the . of france being casually slaine by the earle of montgommery in running at the tilt , left the crowne to francis the . being but about . yeares of age , the queen mother , with his wives vncles the duke of guise , and the cardinall of loraigne , hereupon usurped the government of his person and realme , dispossessed the chiefe officers of the crowne , kept backe the princes of the blood from court , the true and lawfull governours of the state during the kings minority , and plotted the meanes to raise their race to the royall throne , by displacing all great officers , substituting others of their owne faction , and endeavouring to extirpate the protestant party , whom they seared as most opposite to their treacherous designes ; they doe and undoe , place and displace in parliament and privie councell , like absolute kings ; they revoke all alienations for life or yeares made by the deceased king in recompence of any services , except sales ; they caused divers protestants to be put to death , imprisoned , pillaged : wherewith the princes , officers and people being generally discontented , to redresse the present and prevent all future disasters that might ensue , require a generall parliament ( as the soveraigne cure for such d●seases , whereby the queen mother might be put from her usurped regency , and those of guise excluded from the king person ) who to please the king perswade him , that their opposites sought only to bridle and make him a ward , and that he should hold them enemies to his authority and gvilty of high treason that talk of a parliament . the king of spaine to crosse them , by letters to the king his brother-in-law , declares himselfe ( for the good affection he bare to him ) tutor and protector of him , his realme and affaires , against those that would change the government of the estate , as if the king were not capable of the government . pleasant people , which reject so much the word of lawfull tutelage , and yet usurped it against the lawes and orders of the realme , holding it onely by tyranny . after this they cast many slanders on the protestants , put anne dis burge and other councellours of parliament to death , pistoll anthony minard president of the parliament , publish sundry edicts against those of the reformed religion , promise great recompences to those that discover their assemblies , fill their prisons with them , imploy ayre , fire and water to ruine them , and kept the king from hearing his subjects complaints . the princes were kept backe , the greatest of the realme out of credit , threatned , and secretly pursued to death , the convocation of the estates refused , the parliaments corrupted , the judges for the most part at the guisians devotion , and the publike treasure , offices and benefices given to whom they pleased . this their violent government against the lawes , and orders of the realme , purchased them wonderfull hatred , and caused many which could no longer endure these oppressions , to consult vpon some ivst defence , to the end they might preserve the just and ancient government of the realme . they demand advice , tovching law and conscience of many learned lawyers and divines : who resolved , that they might lawfvlly oppose themselves against the government which the house of guise had usurped , and at need take armes to repvlse their violence ; so as the princes , who in that case are born magistrates , or some one of them , would undertake it , being required by the estates of the realme , or by the sounder part of them . they who first thought of this act of consequence , had severall considerations : some , moved with a true zeale to serve god , the king and realme , thought they could not doe a greater worke of pietie , then to abolish tyrannie , rescue the state , and to finde some meanes to ease them of the religion . there were others desirous of change , and some were thrust on with hatred , for the wrongs which the house of guise had done them , their kinsmen and friends : yet all had one designe to suppresse this unlawfull government . in these consultations it was held necessary to seize on the duke of guise , and the cardinall his brother , being advowed by one chiefe member of the state , and then to require an assembly of the three estates , to the end they might yeeld an account of their government , & provide for the king and realm . after which they make the prince of gonde acquainted with this their designe , & engage him in this quarrel ; which being discovered , produced a long bloody civill war against the protestants , under this and the two succeeding kings ; in which warre , those that died , departed this world with this singular content , to have couragiously sacrificed their lives for their countries libertie : so the generall history of france ; in which and in richard dinothus you may read at large , both the history and the lawfulnesse of this defensive warre , over tedious to transcribe . francis c dying , the crowne descended to charles the ninth , being but eleven yeares of age , and a parliament of the estates being assembled on the three and twentieth day of december , . the queene mother was thereby allowed and confirmed regent during the kings minority : in severall parliaments contradictory acts are made , some restraining , others granting the free exercise of the reformed religion thorowout the realme . the guisian popish faction , being the strongest party , most powerfull at court , and intimatest with the king , notwithstanding all acts for the protestants immunitie and libertie of conscience , impose divers illegall restraints upon them , commit many outrages and massacres on them , for which they could have no redresse ; whereupon for their own defence and preservation , after many fruitlesse petitions , & delusory promises , they take up arms ; whereupon many bloody civill wars ensue . many propositions and overtures of peace were made by the guisian royall party , not one of them reall , but all to get advantages , and over-reach the protestants , against whom they had the most mischievous designes in agitation , when they seemed most earnestly to desire peace . four or five severall conclusions of peace were solemnly made and ratified betweene them , but no sooner made and proclaimed , but presently violated of the king and popish party , by massacres , and new treacherous plots to extirpate the protestant party ; so that every accommodation proved but a seminary of a new and more bloody warre , almost to the utter ruine of france . in the yeare . when a publicke peace was made , and all differences to outward appearance , buried in eternall oblivion : the king , contrary to his faith and oath , caused the admirall of france , ( the protestants chiefe pillar ) as he departed from the councell to dinner , to be shot with a harguebuze , which carried away the forefinger of his right hand , and wounded him in the left arme the king to colour this treachery , sweares with an execration to the king of navarre , and others who complained of this outrage , to take such exemplary punishment on the offendors , as the admirall and his friends should have cause to rest satisfied , commands them to be pursued , appoints three of the parliament to make information against them , protests after this again and again , to be exceeding sorry ; that this act touched his honour , that he will be revenged for it , so as the memory thereof should remaine for ever ; writes to the governours of the provinces , chiefe townes , and magistrates , that he would take such order as the authors of so wicked an act should be knowne and punished : and to his ambassadours to forraigne princes , that they should make it knowne to all the world , that this outrage did displease him . and for the admirals safetie , he commands the captaines of his guards , to give him as many of his guard as he pleased , to suffer no papist to enter his lodging ; and adviseth all the gentlemen protestants then in paris to lodge about the admirals lodging . but all this court holy-water was onely to keep every bird within his owne nest , and a pitfall to entrap the chiefe of the protestants : for the same day after dinner , the king and queene mother , the duke of guise , and others , take counsell to murther the admirall , and all the chiefe protestants , the night ensuing , not onely in paris , but thorowout all france , whiles they were sleeping in their beds . which most tyrannicall barbarous tragedie was accordingly acted , the admirall slain in his lodging , and his head cut off , carryed to the king and queen mother , who causing it to be embalmed , sent it to the pope and cardinall of lorrain , for an assurance of the death of their most capitall enemy : all the protestants , noblemen and gentlemen , lodging in the admiralls quarter , undergoe the like butchery ; the streets of paris are strewed with carkases , the pavements , market places and river dyed with protestant blood , about ten thousand of them being thus treacherously massacred in their beds , at such a season when they thought themselves most safe , and that on the lords owne sacred day , a very unsutable time for such a bloody , prophane , infernall sacrifice . no sooner was this matchlesse treachery of this king against his owne naturall subjects executed , but he avowes and justifies that which he but the day before so solemnly and openly disclaimed , as a meanes to cut off all commotions for time to come . but this blood-shed begat new warres , and made the protestants in languedoc , rochell , and other parts , to take up armes in their owne defence , and stand more strictly on their guard than ever before : and i god himselfe out of his divine justice , after this horrible butchery committed by this dissembling , cruell , blasphemous king , smote him with an answerable disease , causing him to wallow in his owne blood , which he pitifully vomited out in great abundance , by all the conduits of his body , for divers houres , till he dyed : ( a just judgement for him that barbarously shed blood thorowout all the provinces of the realme ) he in the mean time tossing in his bed , and casting out many horrible blasphemies . a notable spectacle for all unnaturall fidifragous princes to looke on , who imbrue their hands in the blood of their christian subjects . vvhich crime ( as the authour of the k french history observes ) made his reigne cursed in the city , and cursed in the field ; cursed in the beginning , and cursed in the ending ; mortalitie , sword , famine , cursing , feare , and desolation , following it even unto the end . i shall conclude his reigne with the words of the french history ; doubtlesse god loves not the prince that thirsts after his subjects blood , for the subjects blood is the very blood of their prince . l charles dying without heire of his body , the crowne descended to his brother henry the third , then king of poland , anno . his first designe was to extirpate the huguenots and protestant religion thorowout the realme , though the emperour maximilian told him , there is no sinne so great as to force mens consciences , and such as think to command them , supposing to win heaven , doe often lose that which they possesse on earth . his pernicious cabinet councellors , to effect this designe , cause him first to protest by sundry proclamations , his love to the good of his subjects , and to abolish what was past , so as they lay aside armes , de●iver him all his townes , and live quietly in their houses , without any search , constraint , or molestation for matter of conscience . a policie practised onely to bring the protestant party into slavery , all those proclamations making no mention of liberty of their religion , neither of a parliament for the publike government , nor of a nationall councell for matters of conscience : hereupon the protestants stood the more upon their guards they are full of jealousie , distrust , doubt , feare ; the king and his popish councell indeavouring by this wile to keepe the protestant party at a gaze , whiles they in the meane time made great preparations underhand to put a mighty army into the field , to ruine them without hope of rising : so they arme on all sides , especially in poictou ; the protestants are besieged , assaulted in many places , and so manfully repulse their assa●lauts , that they are willing to hearken to a treaty of peace ; wherein the protestants demanding free exercise of their religion thorowout all france , new chambers in the parliament for the execution of justice , punishment of the murtherers of them , ease of imposts , a free assembly of the generall estates , and an assurance for the entertainment of the pretended peace . the king after fifteene dayes conference , promiseth to content them all , but he will have them to referre these demands to his will ; and so the treaty vanished into smoake , and new warres sprung up in every place with new court-designes to undermine and circumvent the protestants , who are aided by a german army , anno . the queen mother seeing the protestant party prosper in their warres , makes a peace betweene the king and them ; who grants the protestants all their former demands , restores divers of them to their goods , offices , honours : avows by a solemne declaration the massacres of them , anno . to have beene committed against all right and law of armes ; he ordained that the children of such gentlemen as had beene murthered , should be restored to their parents goods , and freed from all charges of warre , yea , he a vowed their ●aking up of armes , as taken for his service , &c. which articles , with the kings edict thereon , were allowed by the parliament at paris . but no sooner were their forces disbanded , but they began to finde this peace to be counterfeit , being onely made to dis-arme them , and divide their commanders : none of the premises being really performed . in the mean time the house of guise and their faction send their agents to rome , and spaine , to joyne with them in a catholike league , and under pretence of extirpating heresie , and establishing the roman religion thorowout france , endeavour to settle the crowne upon themselves : their chiefe designes were , to overthrow the succession of the crowne brought in by hugh capet , in the full assembly of the estates , and to make the naming of a successor subject unto the said estates , to cause the princes of the blood that should oppose against the decrees of the estates to be declared uncapable of succeeding unto the crown ; to make the estates protest to live and die in the faith set downe by the councell of trent ; to cause it to be signed in the open parliament ; to revoke and anull all publike edicts in favour of the protestants and their associates , and to pursue them to the death , that should hinder the extirpation of heresies , &c. these articles of association were first drawne at peronne in picardy , but disguised with goodly shewes , to blinde those that would examine them more exactly , as being onely to maintaine the law , and restore the holy service of god ; to preserve the king and his successors in the estate , dignitie , service and obedience due unto them by their subjects ; to reserve unto the estates of the realme , their rights , preheminences and ancient liberties . and for the execution of these articles , a certaine forme of oath was propounded , insticting pains of eternall damnation to the associates , that for any pretext whatsoever should withdraw themselves from this league ; and a bond for such as should be enrolled , or imploy their goods , persons , and lives , to punish , and by all meanes to ruine the enemies and perturbers thereof , and them that should faile , or make any delayes , by authoritie of the head , as he should thinke fit . soone after a parliament of the three estates is assembled at bloyes , where the catholike leaguers , after much consultation , caused the last edict of pacification , in behalfe of the protestants to be revoked , and procured an edict for the exercise onely of one religion ( to wit the popish ) to be tolerated within the realme . the king of navarre , the prince of conde , the marshall of montmorancy , with divers other noble men of both religions , foreseeing these practices , and refusing to assist at this pretended parliament , concluded a 〈◊〉 of all that should be decreed to prejudice the former edict of pacification ; protesting , that they were resolved to maintaine themselves in the rights , liberties , and freedomes which the edict had granted them . that the troublers of the publike quiet , and sworne enemies of france should finde them in a just●d fence , and they should answer before god and men for all the miseries that should ensue thereby : yea the prince of conde answered more sharply , that he did not acknowledge them assembled at bloys for the estates of the realme , but a conventicle of persons corrupted by the sworn enemies of the crowne , who have solicated the abolition of the edict , to the ruine and subversion of the realm : that if they had beene lawfully called , he would have assisted , for the sincere affection he beares to the kings service and the quiet of his countrey ; that he with never give his consent to the counsels of the authors of so many confusions which he foresee , &c. hereupon a sixt civill warre begins betweene these catholike leaguers , and the protestants , whose good successe caused the king , an. . to make a new peace with the protestants , and grant them their former immunities . the leaguers discontented herewith , begin to cast forth libels against the king , disgrace him in companies as a sardanapalus , and idle chilpericke , sit to be shaved and thrust into a cloyster ; they cause the preachers publikely in all places , to terme him a tyrant , an oppressor of his people by taxes , and a favourer of heretikes : and under a pretence of suppressing heretickes , reforming publike oppressions ; and settling the succession of the crowne in case the king should die without heire , they , contrary to the kings command , ( who disavows them , and forbids all leavyes of warre ) raise a great army , and so enforce the king to publish a declaration in his owne justification , and to procure his peace with them , to revoke all edicts made in favour of the protestants , and make open warre against them . hereupon the king of navarre ( next heire apparent to the crowne ) for preservation of his owne interest and the protestants , complains against the kings proceedings , layes open the mischievous plots of the leaguers : and then with the prince of conde and other nobles , gentlemen , provinces , townes , and commonalties of both religions , he protests , by a lawfull and necessary defence to maintaine the fundamentall lawes of families , and the estates and libertie of the king , and queene his mother . the leaguers hereupon procure pope sextus the fift , to excommunicate the king of navar , and prince of conde , to degrade them and their successors from all dignities , from their pretentions to the crowne of france , and to expose their countries and persons in prey to the first that should seize on them . the court of parliament declares this bull of the pope to be void , rash , insolent , strange , farre from the modestie of former popes , pernicious to all christendome , and derogating from the crowne of france : the princes likewise protest against , and appeale from it , as abusive and scandalous , to the next free and lawfull councell . the leaguers pursue their begun warres against the king of navarre and protestant party ; who protest to use all lawfull meanes to resist the violence of their enemies , and cast all the miseries that shall ensue upon the authors thereof . fresh warres are hereby prosecuted against the protestants by the leaguers , german forces come in to ayde the protestants ; after macombates the king desires peace , but the leaguers will have none ; and assembling at nancy , they endeavour to force the king to make his will , and allow the regency unto them ; to which end they conclude , that the king should be urged to joyne his forces effectually with the league , to displace such from their offices as should be named , to bring in the in the inquisition of spaine , and publish the councell of trent , but with a moderation of such things as derogate from the priviledges of the french church ; to consent to the restauration of the goods sold by the clergy for the charges of the warre , to give them townes to be named and fortified as the time and necessitie required , to forfeit the huguenots bodies and goods , and to entertaine an army upon the frontiers of lorraine against the germanes . after which the duke of guise approaching to paris , enters it against the kings command , who was jealous of him ; mutinies the citizens against the king , who thereby is forced to retire from thence for feare of being surprized by the duke , who plotted to seize his person . after which the duke by the queene mothers mediation , is reconciled to the king ; who for feare of his power , by an edict of re-union , admits no religion but the popish , promiseth never to make peace nor truce with the heretikes nor any edict in their favour ; bindes his subjects to sweare , never to yeeld obedience after him , to any prince that shall be an heretike , or a favourer of heresie ; degrades from all publike charges , either in peace or war , those of the reformed religion ; promiseth all favour to the catholikes , declares them guilty of high treason who shall refuse to signe to this new union , and shall afterwards depart from it , but signing this forced edict , he wept . to establish which edict , and work their further ends , the leaguers cause the king to summen a parliament of the . estates at bloyes , procuring those of their faction to be chosen of this assembly : where establishing the former extorted edict , they thereby exclude the king of navarre , ( an heretike as they deemed him ) from the crowne of france , to which he was next heire : an heretike cannot reigne in france , it is an incompatible thing with the coronation and oath which he ought to take ; hurtfull to the honour of god , and prejudiciall to the good of the realme : then they declare the king an enemy to , and oppressor of his people , a tyrant over his realme , that so the people should presently resolve to confine him unto a monastery , and install the duke in his throne . and at last , the king being certainly informed of the dukes traiterous designes to surpize him and usurpe his throne , caused the duke and cardinall of burbon ( the chiefe heads of the league ) to be suddenly slaine , and others of them to be imprisoned . hereuppon the parisiens mutinie , and take up armes a fresh ; the colledge of sorbone concluded by a publike act of the seventh of ianuary , . that the people of france are freed from the oath of obedience and fealty which they owed to henry of valoys , and that lawfully and with a good conscience they may arme against him , receive his revenues , and imploy it to make warre against him . after which the assembly of the estates dissolving the parisiens imprison the court of parliament at paris , till they condescended to their pleasures , and confirmed a generall councell of the union , consisting of fourty choice men of the three estates , to dispose of the publike affaires , and conferre with the provinces and townes of the league . to which many assistants were afterward added by the nobles , and a declaration ( in manner of an oath ) for the entertainment of the vnion , made , sworne , and subscribed to by many ; one of which prickt his own arme , to signe it with his owne blood , and became lame thereby . the people condemne , imprison , spoile , ransom of their absolute power , and sell the goods of any that bears not the mark of their inraged faction . hereupon the king turning his lenitie into fury , proclaims them rebels and traitors , if they come not in and submit by a day , and reconciles himselfe to the king of navarre : they go on with greater insolency then before , set out a great army under the duke of mayenne ; crave assistance from the pope and king of spaine ; surprize divers townes , robbe churches , ravish wives and virgins , murther men of all sorts even before their altars , commit all the outrages , wickednesses which irreligion and impiety could invent in madd souldiers . the king at last besieged paris , takes some of the outworks , and was like to master the citie ; but in the middest of this attempt he was stabbed in the belly with a knife , by iames clement , a iacobin friar of two and twenty yeers old , ( sent out of paris to act this tragedie on the kings person ) who vowed to kill the tyrant , and to deliver the city besieged by sennacherib . the murtherer was presently slaine by those who came in to assist the king , who within few houres after died of this wound , which he received in the self-same chamber wherein the counsell for the massacre of the protestants was held on that fatall day of saint bartholmew , . a notable circumstance of divine justice upon this prince , who being ever a zealous promoter of the romish religion , was murthered by a zealot of it , and had his owne blood shed by those who spurred him on to shed the blood of protestants , in the very chamber where the most babarous massacre of protestants that ever the world beheld , was contrived . m henry when the pangs of death seized on him , declared henry the fourth , king of navarre ( his brother in law ) the lawfull successor of the crowne of france , as in truth he was , notwithstanding the edict of bloys to exclude all heretikes from the crowne . the parisiens and holy vnion refuse to accept him for their soveraigne , proclaiming charles the tenth for their king , and triumphing exceedingly at henry his death . the parliament at bourdeaux commands all men under their jurisdiction , by a decree of the nineteenth of august , . to observe inviolably the edict of vnion in the catholique , apostolike and romish church ; and declarations are hereupon made . the parliament of tholousa is more violent ; they decree , that yearly the first day of august they should make processions and publike prayers for the benefits they had received that day , in the miraculous and fearfull death of henry the third , whereby paris was delivered , and other townes of the realme ; forbidding all persons to acknowledge henry of burbon , the pretended king of navarre , for king ; declaring him uncapable ever to suceed to the crowne of france , by reason of the notorious and manifest crimes contained at large in the bull of excommunication of pope sixtus the fifth . the court of parliament at r●an , no lesse violent and presumptuous then that of tholousa , pronounced them guilty of high treason , both against god and man , and the estate and crowne of france , that had opposed themselves against the holy vnion , and all royalists and their successors deprived of all prerogatives of nobility ; their offices to be void , not to be recovered , and all their goods forfeited : anno . they renew this edict every eight moneth . thus the league kindled afresh the fire which the siege of paris had somewhat quenched : the king raising his siege before it , and returning to arques , the leaguers army followed him , and are there defeated : after which the king with a small army gaines many great conquests , which amaze the leaguers ; he besiegeth paris above three moneths , where more then one hundred thousand people died of famine , yet they force the parliament to publish a decree the fifteenth of iune , . for bidding upon pain of death all men to speak of any composition with henry of burbon , but to oppose themselves by all meanes , yea , with the effusion of their blood . but the belly hath not ears , the people are not fed with paper , or promises , they mutinie and demand peace ; whereupon deputies are sent to the king to treat a peace ; who to defeat the spanish army called in by the leaguers , raiseth his siege , and routs the spanyard , with other forces of the league in sundry places , which makes many desire peace ; yet by meanes of pope clement the eighth his bull , the duke of mayenne , and the popes legate , they intend to summon a convocation of the estates of paris to elect a new king , desiring the cardinall of placentia to assist and confirme this their intended future electior . the parliament of paris removed to chaalons gives sentence against the popes bull , and nulls it : the king sets out a declaration against the leaguers as traitors and rebels , declares this assembly of the estates without his authoritie , to be against the lawes , against the good and quiet of the realme , and all that should be treated or concluded therein , abusive , and of no force . on the contrary , the popes legate , by a publike exhortation full of injuries , labors to perswade the french , that the king , long since dismembred from the bodie of the church , was most justly pronounced uncapable of the crown . the spaniyards labouring the estates to elect the infanta of spain king ; the parliament of paris by a decree of the eight and twentieth day of iuly , declare all treaties made or to be made to that end , void , and of no validitie , as being made to the prejudice of the salique law , and othe fundamentall lawes of state. the king to quiet these differences , and gain peaceable possession of the crown ; most unworthily deserts his religion , reconciles himselfe to the church and pope of rome ; yet one peter barriere , seduced and perswaded by a capuchin of lyons , aubry a priest of paris , and father varide a lesuite , was apprehended at melua , and executed , for attempting to murther the king with a sharpe two-edged knife , which fact he confessed . after this the townes subject to the league , returne by degrees to the obedience of the crown ; the king is solemnly crowned at chartres , rhemes shutting the gates against him . this done , he surprizes paris , and notwithstanding their former rebellions , grants them all free pardon upon their submissions . the parliament at paris disanuls all the decrees of the league , and pretended assembly of estates , as void , and done by private persons , without due election ; grants processe against the iesuites , as chiefe pillars of the league , disgracing the new kings majesty , and the memory of the deceased king in their sermons ; and perswading the execrable attempt of peter barriere to stabbe him : the cardinall of burbon , the duke of nevers with others , protect and 〈◊〉 for them ; who soone after suborne iohn chastle , one of their novices , ( of the age of eighteen years ) to stabbe the king ; who creeping into the kings chamber at the kouure in paris , among the presse , december . . and thinking to stabbe the king in the belly , as he resolved , struck him on the upper lip , and brake a tooth , as he stooped to takeup some gentleman who saluted him ; for which fact he was condemned by the parliament as guilty of high treason , his body adjudged to be torne in peeces by four horses , then burnt to ashes and cast into the winde , and all his goods confiscate to the king : all the iesuites , with their schollers , were hereupon banished the realme , as corrupters of youth , troublers of the publike quiet , enemies of the kings state , and none of them to remaine above fifteen dayes , nor any to harbour them within the realme under paine of high treason . i have heard from a gentleman of credite , which served this king , that when he was thus stabbed in the mouth by chastle , one of the * religion gave him this christian admonition , sir , you have denied god already with your mouth , in renouncing the protestant faith , which you once professed ; now god in his justice hath permitted this iesuite , of that religion you revolted to , thus to stabbe you in the mouth : o take heed you deny him not in your heart , lest the next stroke they give you be to the heart . which fell out accordingly , for n after four or five more severall attemps of the iesuites and papists to murther him , which were discovered and prevented , he was stabbed to death with a knife by one francis ravillac , ( a papist at the iesuites instigation ) as he was riding in his caroch neare to innocents church in paris , for suffering two religions in the kingdome , as the traitor professed . this villaine stabbed him first in the left pap , and next between the fift and sixt ribbe , cutting asunder the veine leading to the heart , and entring into the cava vena ; and being dead the iesuites of his royall colledge at la fletche ( whom he o restored and favoured exceedingly , notwithstanding their former treasons , and banishments of them out of france , causing the pyramis erected by sentence of parliament as a monument of their treasons to be rased , and yet were found to have a chiefe hand in this his death ) begged and procured his heart to be there interred : o the admirable passages of divine iustice , that those two henries , who most advanced the popish religion , and abandoned the protestant faith to humour the iesuites and papists , thereby to secure their crownes and lives , as they beleeved , should thus fatally perish by those of that religion , and their unlawfull revolts thus used to preserve their lives ; whereas our noble . queen elizabeth continuing constant in her religion , notwithstanding all allurements menaces and attempts upon her person , to withdraw her from the truth , was miraculously preserved from all the bloody assaults of this infernall generation of romish vipers , and went to her grave in peace . but to return to this kings actions , p anno . king henry calls a generall assembly at roan in forme of a parliament , where he speaking to the assembly , told them , that at his coming to the crowne he had found france not onely ruined , but almost all lost for the french , but by the grace of almighty god , the prayers and good counsell of his subjects , the sword of his princes , and brave generous nobilitie , and his owne pains and labour , he had saved it from losse ; let us save it now from ruine , participate with me , my dear subjects in this second glory , as you have done in the first ; i have not called you as my predecessors did , to make you approve my will , i have caused you to assemble , to have yovr covnsels , to beleeve them , and to follow them ; finally , to pvt my selfe into yovr hands : a desire which seldome commands kings that have white hairs and are conquerours ; but the love i beare unto my subjects , and the desire i have to adde these twoo goodly titles to that of king , makes me to finde all easie and honourable . after this the king and parliament set forth divers q edicts , against the transportation of gold and silver , the wearing of gold & silver , excessiveusurie , advocates extortions , duels , bankrupts , and the like . this r martiall king being murthered by ravillac , as aforesaid , the crowne descended to lewes his sonne , not then ten years old : the court of parliament at paris having notice of his death , made this decree in parliament , may . anno . whereas the kings attorney generall hath informed the court of parliament , and all the chambers thereof assembled , that the king being now murthered by a most cruell , inhumane and detestable paricide , committed upon his most sacred person , it were very necessary to provide for the affairs of the present king , and for his estate , and hath required that there be present order given concerning the service and good of his estate , which cannot be well governed by the queen , during the minoritie of the king her sonne ; and that it would please the said court to declare her regent , that the affairs of the kingdome may be governed by her : whereupon having consulted , the covrt hath declared and doth declare the qveen ( mother to the king ) regent of france , for the governing of the state , during the minoritie of her sonne , with all power and authoritie . the next day the king himself sitting in the seat of iustice in parliament , by the advice of the princes of his blood , prelates , dukes , peers and officers of the crown , according to the decree made by the court of parliament , declared and did declare the queen his mother regent in france , and to have the care of bringing up his person , and the government of the affairs of his kingdome during his minoritie ; commanding the edict to be enrolled and published in all the bayliweeks , senescaushes , and other jurisdictions depending upon the said court of parliament , and in all other parliaments of the realme ; so that the queene mother was setled in the regency by the parliament and whole state of france . after which ſ pasquier , counsellor and master of requests , writ her a large letter touching the government of the state , wherein he informed her , that she must not forbear to assemble the estates , for the reason that some would suggest unto her , that they will be some blemish to her greatnesse ; it is quite contrary : the estates having confirmed it by publike authoritie , will settle it fully . commonly the estates assemble to provide for the present and future complaints of the generall of this monarchy , and to reduce things to their ancient course ; the people being the foundation whereon this realm is built , and the which being ruined , it is impossible it should subsist : take away these new edicts , impositions and subsidies : it is better to gratifie a people , than to intreat them roughly . above all things beware that you follow not your own opinion alone , in managing the affaires of the realme . hereupon four and fifty edicts and commissions were revoked , wherewith the subjects had been oppressed . t when the king was to be crowned , the prelates made this request to him at the altar before his coronation ; we pray and require that you would grant unto every one of us , and the churches whereof we have the charge , the canonicall priviledges , good lawes , and justice ; and that you will defend us , as a king ought all his bishops and their churches . whereunto the king answered ; i promise to preserve you in your canonicall priviledges , as also your churches ; and that i will give yov ( in the future ) good laws , and do you iustice , and will defend you , by the help of god , according to my power ; as a king in his realm ovght to do in right and reason , to his bishops and their churches . after which having been acknowledged their lawfull prince , by a generall consent of all the orders , the cardinall of ioyeuse presented unto him the oath of the kingdome , ( the sacred bond of the fundamentall lawes of the state ) the which he took publikely in these words , with invocation of the name of god , having his hand upon the gospell , which he kissed with great reverence . i promise in the name of iesus christ , these things to the christians subject unto me ; first , i will endeavour that the christian people shall live peaceably within the church of god : moreover , i will provide , that in all vocations , theft , and all iniquitie shall cease : besides , i will command , that in all judgements equitie and mercy shall take place ; to the end that god , who is gentle and mercifull , may have mercy both on you and me . furthermore , i will seek by all means in good saith to chase out of my iurisdiction and the lands of my subjection , all hereticks denounced by the church ; promising by oath to observe all that hath been said : so help me god , and this holy evangell . after this u bellarmines book of the popes power in temporall causes , becanus , and scoppius books , marianaes book de rege & regis instatutione , suarez his book , with others , which taught , that the pope was above kings in temporall things , and that it was lawfull for private subjects by the popes authoritie to murther kings that were heretikes , and that the murthers of henry the third and fourth , by chastle and ravillac were lawfull and commendable ; were prohibited and condemned to be burnt by edicts of parliament . x anno . the reformed churches of france , at their generall assembly at samure by the kings permission , made a generall vnion , which they did swear to keep inviolably for the good , quiet , and advancement of the said churches , the service of the king , and queen regent , and preservation of the estate ; and appointed six deputies therein , for the dispatch of all their affaires , y anno . the prince of conde with divers other princes , dukes , peer , noblemen , and officers of the crowne retinued from the court in discontent , and meeting at meziers , writ severall letters to the queen , parliament , and others , complaining therein of divers grievances and disorders in the government , which they desired might be redressed , by summoning a generall assembly of the three estates to be free and safe , to be held within three moneths at the furthest , protesting , that they desired nothing but peace and the good of the realme , that they would not attempt any thing to the contrary , unlesse by the rash resolution of their enemies , ( who covered themselves with the cloke of state under the queene regents authority ) they should be provoked to repell the injuries done unto the king and state by a natvrall , ivst and necessary defence . after which with much adoe articles of peace were concluded on at saint manehold , between the king , queen regent , and these nobles ; wherein it was among other things accorded , that the generall estates of the realme should be assembled at sens by the four and . day of august , in which the deputies of the three estates , may with all libertie propound what soever they shall think in their consciences to be for the good of the realme and case of the subject ; that thereby the king with the advice of the princes & estates might make some good laws and ordinances to contain every man in his dutie , to fortifie the lawes and edicts made for the preservation of the publike tranquilitie , and to reforme the disorders which may give just occasion of complaint and discontent to his good subjects : that the kings mariage with spaine , formerly concluded on , should be respited and not proceeded in during his minority : that all garisons put into any places of the realme by reason of the present motions , should be discharged that letters patents be directed to all courts of parliament to be verefied , by which his majestie shall declare , that the said princes , nobles , and others of what quality and condition soever , which have followed and assisted them in these alterations , had no bad intentions against his service , with all clauses necessary for their safeties and discharges , that they may not be called in question hereafter , and that they shall be restored to their offices , estates and dignities , to enjoy them as they had formerly done . and in like manner his majestie shall write to all princes , estates , and common-wealths allied to the crowne , and men of qualitie shall be sent expresly to them , to let them understand what he had found concerning the innocency and good intention of the said princes , officers , and nobles . after which the three estates were published , deputies elected ; and the king ( by his councel and parliament of paris ) was declared of full age , according to a fundamentall law made by charles the fift , ratified by the court of parliament : that the kings of france , having attained the full age of thirteene years , and entring into the fourteenth , they should take upon them the soveraigne government of the estate : whereupon the queen mother in the parliament resignes the regency and reignes of the empire into his hands . after which the three estates assembling abolished the sale of all offices of judicature , and others which tend to the oppression and ruine of the people , suppresse duels ; the commons and deputies of the three estates present a petition of all their grievances to the king , consisting of severall natures , and pray redresse : and for the securing of the kings crowne and person against the popes usurpations and attempts , they desired , that it should be declared by the said estates , and set down as a fundamentall law , that the king did not hold his realme of any but god and his sword , and that he is not subject to any superiour power upon earth for his temporall estates , and that no book should be printed containing any doctrine against the person of kings touching the question too much debated by presumptuous men , whether it be lawfull to kill kings ? the clergy of france except against this article , as a point of doctrine and conscience ( not of state policie , as the commons pretended , fit onely for the clergies determination , not the commons or three estates , ) as a means to ingender a schisme and offend the pope , and after much debate prevail and suppresse it : in fine , after many debates the three estates brake up without any great redresse of their grievances , or full answer to their petitions , which was defaced : hereupon the parliament at paris the seven and twentieth day of march , . decreed , under the kings good pleasure , that the princes , dukes , peers , and officers of the crowne , having place and deliberate voyce therein , being then in the citie , should be invited to come into the court , there ( with the chancellour and all the chambers assembled ) to advise upon the propositions which should be made for the kings service , the ease of his subjects , and good of his estate , and to draw up a remonstrance to this affect . some court parasites presently acquaint the king and queen mother with this decree ; as if it were an apparent enterprize against the kings authoritie , and did touch the queens regency which they would controll ; and objections are made against it in councell , whereupon the parliament are sent for to the court severall times , and ordered to revoke this decree ; they excuse and justifie it , then draw up a remonstrance to the king , consisting of many heads ; wherein among others they affirme , that the parliament of paris was borne with the state of france , and holds place in councell with princes and barons , which in all ages was near to the kings person . that it had alwayes dealt in publike affairs : that some kings which had not liked of the remonstrances of the parliament at paris , did afterwards witnesse their griefe . that popes , emperours , kings , and princes had voluntarily submitted their controversies to the judgement of the parliament of paris , &c. to which i shall adde some passages out of andrew favine , z in his theater of honour , touching the dignitie , power , and honour of the parliaments of france : in the register of the acts of parliament , beginning , . there is one dated the twenty seventh of iune . for matter of murder and assassinate committed on the person of master emery doll , councellor of the said parliament ; whereby it was approved , that it was a crime of high treason , to kill a councellor of parliament . and in anno . on the eleventh day of november , mounseir the chancellor came to advertise the court for going to hear the confession of the constable of saint paul , to whom for his rebellions and disobediences king lewes the eleventh directed his processe . and the said parliament , declared , that there was not a lord in the kingdome so great , except the king and mounsiour le daulphine , but ought to come and appear at the said parliament in person , when it was ordained for him . and this is witnessed by a lyon abasing his tail between his legs , exalted over the gate and entrance of the great chamber , by the parquet des huisiers thereof . so that by this illustrious and soveraigne parliament are ordered and determined the principall affairs of the kingdom . and in anno . the second day of aprill , king lewes the eleventh , sent unto the parliament the oath which he took at his sacring , exhorting the said parliament to performe good justice , according as the king had promised to doe by his said oath , which he purposed to keep ; and the oath is there registred downe . the parliaments of france are oaks with exalted heads , under whose branches the people are covered from the very strongest violencies , which constraineth them to yeeld obedience to their prince : but when princes ( by bad councell ) misprize the authoritie of them whereof they ought to be zealous defenders , as being exalted to the royall dignity , to rule and governe their subjects by justice , they cut off the right hand from the left : if they refuse the holy remonstrances of their parliaments under color that they are not to meddle with affairs of state , but onely with the act of justice , and lend a deaf ear when they are advertised of evill government , it is an assured pronostick , forewarning of the entire decadence of the kingdome . strange and forraigne princes have sought and submitted themselves to the judgement of their parliament , even in their affairs of greatest importance . the chronicle of laureshime , under the year . ( followed by the monk aimonius in the fourth book of his history of france ) reporteth , that king lewes the debonnaire , holding his parliament in may , there came thither from strange provinces , two brethren , kings ofvvilses , who with frank and free good will submitted themselves to the judgement of the said parliament , to which of them the kingdom should belong : now albeit the custom of the said kingdom adjudged the crown to the eldest , according to the right of prerogative allowed and practised by the law of nature , and of late memory in the person of the last dead king liubus father commune to these two contendants ; yet notwithstanding in regard of the subjects universall consent of the kingdom , who ( for the cowardise and want of government in the elder ) had given the crowne to the younger , for valliancie and discreet carriage ; by sentence the kingdom was adjudged to him : and the eldest did him homage , with oath of allegiance , in the said parliament . under the third ligne , in the reign of philip augustus , pope innocent the third , and the emperour otho the fourth , being in variance for the forme and tearms of the oath of fidelity with the said emperour should make to the pope ; they referred it to the judgement of king philip in his parliament , furnished with peers . otho made some exception concerning the forme and terms of the oath ; and not being able to agree of themselves , both parties submitted to the judgement of king philip augustus and of his court of parliament , furnished with peeres : so that by order given at melum in iuly , . the form of the said oath was prescribed , and registred in the parliament register , at request of the said parties , and sent unto otho to render it to the said pope innocent , who sent this assurance and certificate to the said parliament for registring it , being performed . innocentius episcopus , servus servorum dei , charissimo filio nostro philippo francorum regi charissimo , salutem , & apostolicam benedictionem ; absque dubitatione noveritis , quod secundum formam a vobis & curiae regni vestri paribus praescriptam , habetur apud nos jusjurandum charissimi filii nostri othonis romanorum regis illustris aurea bulla munitum , nobis & ecclesiae praestitum . ego otho romanorum rex & semper augustus , tibi domino meo innocentio papae , & ecclesiae romanae spondeo , polliceor , & juro , quod omnes possessiones , honores , & jura romanae ecclesiae , proposse meo , bona fide protegam , & ipsam ad eas retinendas bona fide juvabo . quas autem nondum recuperavit adjutor ero ad recuperandum , & recuperatarum , secundum posse meum , ero fine fraude defensor ; & quaecunque and manus meas devenient , sine difficultate restituere procurabo . ad hanc autem pertinent tota terra quae est de radicafano , usque ad ceperanum , exarcatus ravennae , pentapolis , marchiae , ducatus spoletanus , terra conitissae mathildis , comitatus bricenorij cum alijs adjacentibus terris expressis in multis privilegijs imperatorum , à tempore lvdovici pii francorvm et romanorvm imperatoris christianissimi . has omnes pro posse meo restituam , & quietè dimittam , cum omne jurisdictione , districtu , & honore suo . veruntamen cum adrecipiendam coronam imperij , vel pro necessitatibus ecclesiae romanae ab apostolica sede vocatus accessero , demandato summi pontificis ab illis terris praestationes accipiam . praetere● adjutor ero ad retinendum & defendendum ecclesiae romanae regmvm siciliae . tibi etiam domino meo innocentio papae & successoribus tuis omnem obedientiam & honorificentiam exhibeo , quam devoti & catholi●● imperatores consueverunt sedi apostolicae exhibere . stabo etiam ad consilium & arbitrium tuum de bonis consuetudinibus populo romano servandis & exhibendis , & de negotio tusciae & lombardiae . et si propter negotium meum romanam ecclesiam oportuerit in●urrere guerram , subeniam ei sicut necessitas postulaverit in expensis . omnia vero praedicta tam juramento , quam scripto firmaho , cum imper●● coronam adeptus fuero . actum aquis-grant anno incarnationis dominicae millessimo ducentessimo quinto , mense marcij , regni nostri septimo . william rishanger monk in the abbey of saint albane in england , continuer or the history of matthew parts , observeth under the year . that the king of england , henry the third , and the barons of england , who made warreupon him , committed their whole difference and quarrell to be judged by the parliament of france ; vt pax reformaretur inter regem angliae & barones ventum est adistud , ut rex & proceres se submitterent ordinationi parliamenti regis franc●ae ( in the time of saint lewis ) in praemissis provisionibus oxoniae . nec non pro depraedationibus & damnis utrobique illatis . igitur in crastino s. vincentij , congregato ambianis populo pene innumerabili , rex franciae ludovicus coram episcopis & comitibus , alijsque francorum proceribus solemniter dixit sententiam pro rege angliae , contra barones statutis oxoniae provisionibus , ordinationibus , ac obligationibus penitus annullatis . hoc excepto , quod antiquae chartae joannis regis angliae universitati concessae per illam sententiam in nullo intendebat penitus derogare . in this parliament at amiens were present the king of england , henry the third , queen elenor his wife , boniface archbishop of canterbury , peter bishop of hereford , and iohn maunsell ; and on the barons of englands side a very great number of choice elected lords ; who the same year repasted back into england after the parliament , as the same monk speaketh . thus favino in the behalfe of the french parliaments , concerning whose power and priviledges you may read much more in him and others . but to returne to the former history . a the queen mother was much discontented with this remonstrance of the parliament , pretending that they had an intent to call her regency in question , which all had commended ; that they could not speak of the government of the affaires of the realm , without touching her , &c. whereupon she commanded the chancellour to give them this answer in the kings name : that france was a monarchy wherein the king alone commanded , helding his realm soveraignly from god ; that he had lawes and ordinances by which to governe them , for the which he was not to give an account to any man ; that it did not belong unto the parliament to controll his government ; that they neither could nor ought to complain of the queens regen●● which had been so happy ; that the queen was not to give an account of her regency , but to god onely ; that no man could prescribe unto the king what councellers he should entertain , &c. with many other such bigge words . after which there was a decree made in the councell of state against the decree and remonstrance in parliament , disanulling and revoking them as void , and forbidding the parliament hereafter to meddle with affairs of state. the court of parliament in generall complained much of this decree ; the kings learned councell refuse to carry , or cause it to be read in parliament , because it would cause an alteration of the good affections and devotions of the kings good subjects , and the dis-union of the greatest companies of the realme , who administer justice , which makes kings to reigne : after which this controversie was compremised , and the decree of the councell against the parliament suspended , and not enrolled . soon after the prince of conde , with divers others , seeing all things disordered at court , and little or no reformation of their former grievances , desert paris , expressesse their grievances in sundry letters and articles of complaint , wherein they complain of the want of freedom and redresse of their grievances presented in the last assembly of the three estates ; of the decree and proceedings against the iurisdiction , remonstrance and proceedings of the parliament of paris ; of suffering some councellors of state to usurpe all the power of the kingdom , to pervert the lawes , and change all things as they list ; with sundry other particulars : in these they intreat and exhort all men of what condition or quality soever , that call themselves frenchmen , to assist and ayde them in so ivst a cavse ; conjuring all princes and forraign estates to do the like , and not to suffer such good and loyall subjects to be supprest by such a conspiracie . vpon this the king and q. mother , through advise of these ill counsellors , raise an army , declare these princes and nobles , rebels and traitors , if they submit not by a day : whereupon they arm , raise forces in their own & the publikes defence , and being at noyon , concluded , that as their armes were levyed for the maintenance of the crown , so they should be maintained by it ; to the which end they seized on the kings rents and revenues in sundry places . mean while the protestants being assembled in a generall synod at grenoble , marsh . desdiguires makes an oration to them , to disswade them from opposing the mariage with spain ; wherein he hath this memorable passage to justifie the lawfulnesse of a necessary defensive war for the preservation of religion and liberties : we have leisure to see the storme come , and to prepare for our own preservation : finally , having continued constant in our duties , if they seek to deprive us of our religion , and to take that from us wherein our libertie and safetie depends , purchased by the blood of our fathers and our own , and granted unto us by that great king henry the fourth , the restorer of france ; we shall enter into this comerce full of justice and true zeale , finde againe in our breasts the courage and vertue of our ancestors : we shall be supported in ovr jvst defence by all good frenchmen , assisted by all princes and estates which love the true religion , or the good of this state ; and in a word , we shall be favoured of the blessings of god , whereof we have hitherto had good experience in our arms , and which will be to the glory of his name , and the spirituall advancement of our churches . after which the duke of rhoan and protestants , in defence of their religion and liberties , joyn with the princes and nobles : at last both sides came to articles of agreement made at luudun , anno . whereof these were a parcell , that the grievances of the generall state should be speedily answered ; that soveraign courts should be preserved in their authority , and the remonstrances of the parliament and peers considered of ; that such as had been put from their offices , should be restored ; that all moneys they had taken out of the kings revenues , should be discharged ; all edicts of pacification granted to them of the reformed religion , observed ; the prince of conde and all those of either religion , who had assisted him in this war , held for the kings good and loyall subjects ; all illegall imposts removed ; and all prisoners taken on either side , set at liberty . anno . the king and queene mother seizing upon the prince of conde his person , and sending him to the bastile , upon false pretences of disloyaltie and treason , caused new insurrections , warres , and tumults ; and the princes hereupon meeting at soyssons , resolved to make open war , to seize on the kings revenues , and to fortifie those towns and castles which they held in their government ; which they executed ; and withall set forth a remonstrance of their grievances unto the king , complaining especially against the marshall of ancre and his wife , with their adheronts , who were the causes of all their miseries ; who having drawn unto himselfe the whole administration of the realme , made himselfe master of the kings councels , armies , and forts ; thereby supprest the lawfull libertie and remonstrances of the parliament , caused the chief officers to be imprisoned , and was the cause of the violence done to the prince of ●onde , first prince of the blood : to the end therefore that they might not be reproached to have been so little affected to his majestie , so ungratefull to their countrey , and so unfaithfull to themselves and their posterity , as to hold their peace , seeing the prodigious favour and power of this stranger ; they beseech his majestie to provide by convenient means for the disorders of the estate , and to cause the treaty of loudun to be observed , and to call unto his councels the princes of the blood , with other princes , dukes , peers , ancient officers of the crowne and councellors of state , whom the deceased king had imployed during his reigne . withall they publish a solemne declaration and protestation , for the restoring of the kings authority , and preservation of the realme . against the conspiracie and tyrannie of the marshall of ancre , and his adherents : who finding no safetie in the settling of justice , resolved to make triall of his power , by violating the publike faith , thereby to plunge the realme into new combustions , conspiring to destroy the princes of the blood , of peers , and chiefe officers of the crowne , and to oppresse them altogether , with the state , who might be an obstacle to his ambitious designes . to which end he raised false accusations against them , as if they meant to attempt the kings and queen mothers persons ; and caused the king to go in person to his court of parliament to publish a declaration , whereby they were declared guilty of treason ; though at last being better informed , he declared them to be his good subjects , and caused de ancre to be suddenly slain in the louure , and his wife to be legally condemned and executed : vpon which the new councellors and officers advanced by him , were removed , the old restored , the princes reconciled to the king , and by him declared for his good and loyall subjects : vpon which followed a generall assembly of the estates , wherein divers grievances were propounded , and some redressed ; the king therein craving their advice for the setling and ordering of his privie councell . b anno . there happen differences between the king and queen mother , who fortified towns , and raised an army against the king ; at last they came to an agreement , and were reconciled . the two following years were spent in bloody civill warres betweene the king and those of the religion , who avowed their defensive warres lawfull ; which at last concluded in peace : that lasted not long , but brake out into new flames of war , by reason of the great cardinall richelieu , who of late years c proved the greatest tyrant and oppressour that france ever bred , reducing both nobles , gentlemen , and peasants into absolute slavery and vassallage , to make the king an absolute monarch of france , and himselfe both pope and monarch of the world : but he lately dying by the of divine iustice of filthy vicers and diseases , and the king since being ( some say ) poysoned by the iesuites , who murthered his two immediate predecessors : wise men conjecture the french will now at last revive and regain their ancient , just , hereditary freedom , rights liberties , and cast of that insupportable yoke of bondage under which they have been oppressed for sundry years , and almost brought to utter desolation . i have the longer insisted on these histories of the kings and kingdom of frances ( which clearly demonstrate the realm , parliament and three estates of france to be the soveraigne power in that kingdom in some sort , paramount their kings them selves , who are no absolute monarchs , nor exempted from the laws , jurisdiction , restraints , censures of their kingdom and estates assembled , as some falsly averre they are ) because our royalists and court doctors parallell england with france , making both of them absolute monarchies ; and our greatest malignant councellors chiefe designe hath been to reduce the government of england to the late modell and new arbitrary proceedings of france ; which how pernicious they have proved to that unfortunate realm , what infinite distructive civill warres and combustions they have produced , and to what unhappy tragicall deaths they have brought divers of their kings , princes , nobles , and thousands of their people , the premisses & other storyes , will so far discover , as to cause all prudent kings and statesmen , to steer the helme of our own and other kingdoms by a more safe , steddy , and fortunate compasse . thus i have done with france , and shall recompence any prolixity in it , with greater brevity in other kingdoms , when i have overpassed spain . from france i shall next steer my course to the kingdomes and kings of spaine , whom iacobus valdesius chancellor to the king of spain in a large book de dignitate regum regnorumque hispaniae printed at granado , . professedly under takes to prove , to be of greater dignity , and to have the precedency of the kings and kingdoms of france , which * cassanaeus and all french advocates peremptorily deny . the first kings of spain , over-run by the goths and wisigoths , are those their writers call the gothish kings , who as michael ritius de regibus hispaniae , l. , & . iohannis mariana de rebus hispaniae , l. , . the generall history of spain , and othes affirme , were elected by , and had their authority from the people : you may reade their lives and successions at large in these authors , and finde d some of there dis-inherited and deposed by their subjects , others of them in ward during their minorities to such as the state appointed ; others murdered , but all of them subject to the lawes of their realms , as it is evident by the expresse ancient law of the wisigoths , having this title ; e quod tam regia potestas quam populorum universitas legum reverentiae sit subjecta ; by other lawes thereto annexed , by iohannis mariana de rege & regis institutione , l. . c. . f those whom they properly call kings of spain , had their royall authority derived to them , conferred on them by the people ; upon this occasion . spain , being a provincesubject to the roman empire , was spoyled , over-runne and possessed by the barbarous moors for many years ; in which time the spanyards oft solicited the roman emperours for ayde to expell the moors , but could gain none . whereupon to free themselves and their countrey from slavery , they chose one pelagius for their captain , by whose valour they conquered the moors , and thereupon by unanimous consent elected and crowned pelagius king of oviedo , whom the spanish writers mention as the first king of spain : and this their desertion by the emperours , the spanish writers generally hold ( and ( g ) iacobus valdesius proves it largely ) to be a sufficient lawfull ground for the spanyards ; even by the generall law of nations , to cast off their subjection to the roman empire , and to elect a king , erect a kingdom of their own , exempt from all subjection to the emperor , since they purchased their own libertie and countrey from the gothes by conquest , of themselves alone without any aide or assistance from the roman emperours , to whom ( for this reason ) they hold themselves and their kingdom no wayes subject ; yet for all this they deem their kings inferiour to their whole kingdoms , and censurable , yea deposable by them , as is cleer by the h forecited passage of the bishop of burgen , ( ambassadour to the king of spain , in the councell of basill , and by johannis mariana the jesuites book , de rege & regis institution , dedicated to philip the third , king of spain , printed at madrit in spain , by this kings own speciall priviledge , dated at madrit , january . . and after this reprinted at mentz in germany , anno . cum privilegio sacrae caesariae majestatis , ( to wit , of the emperour radulph the second ) & permissu superiorum ; who certainly would not thus specially approve , authorize this book for the presse , had it maintained any positions contrary to the laws , or derogatory to the prerogative royall of the crownes and kingdoms of spain , though other states cannot so well digest it . in this very book the authour ( who hath likewise written a large history of the affaires and kings of spain ) professedly maintains ( in a speciall i chapter , wherein he debates this question , whether the power of the republike , or king be greater ? ) that the whole kingdom , state and people in every lawfull kingdom , and in spain it selfe , are of greater power and authority then the king : his reasons ( which i have for brevity digested into number in his own words ) are these : first , because all royall power that is lawfull , hath its originall from the people , by whose grant the first kings in every republike were placed in their royall authoritie ; which they circumscribed with certain laws and sanctions , lest it should too much exalt it selfe to the distruction of the subjects , and degenerate into a tyrannie . this appears in the lacedaemonians long since , who committed onely the care of warre and procuration of holy things to the king , as aristotle writes . also by a later example of the aragonians in spain , who being incited with an earnest endeavour of defending their libertie , and not ignorant how the hights of libertie are much diminished from small beginnings , created a middle magistrate , like the tribunall power ( commonly called at this time aragoniae iustitia , the justice of aragon ) who armed with the lawes , authoritie and endeavours of the people , hath hitherto held the royall power included within certain bounds ; and it was specially given to the nobles , that there might be no collusion , if at any time having communicated their counsell among themselves , they should keep assemblies without the kings privity , to defend their lawes and liberties . in these nations , and those who are like them , no man will doubt , but that the authoritie of the republike is greater then the kings . secondly , because in other provinces where the people have lesser and the kings more power , and all grant the king to be the rector and supream head of the commonwealth , and to have supream authoritie in managing things in times of warre or peace ; yet there the whole commonwealth and those who represent it , being chosen out of all estates , and meeting together in one place , ( or parliament ) are of greater power to command and deny , than the king , which is proved by experience in spain , where the king can impose no taxes , nor enact no laws if the people dissent or approve them not : yea , let the king use art , propound rewards to the citizens , sometimes speak by threats to draw others to consent to him , solicite with words , hopes , and promises , ( which whether it may be well done we dispute not : ) yet if they shall resist , their judgement shall be preferred and ratified before the kings will. thirdly , because when the king dies without issue or heir , the kingdom and people , not the prince deceased , ought to chuse the succeding king out of another family . fourthly , because if the king vexe the republike with his evill manners , and degenerate into an open tyrannie , the same commonwealth may restrain him , yea , deprive him of the principalitie , and of his life to , if need be ; which it could not do unlesse it were of greater power then the king. fiftly , because it is not likely that the whole kingdom and common-weal would ever strip themselves of all power and authority , and transfer it to another , without exception , without counsell and reason , when they had no necessitie to do it , that so the prince subject to corruption and wickednesse , might have greater power then they all , and the issue be more excellent then the father , the river than the spring ( the creature than the creator of it : ) and although perchance it be in the pleasure of the commonweal to take away the plenary power from it self and give it to the prince , yet the commonwealth should do unwisely to give it , and the prince rashly to receive it ; by which the subjects , of free men should become slaves , and the principalitie given for their safetie , should degenerate into a tyrannie , which then onely is regall , if it contain it self within the bounds of modesty and med●critie ; which power whiles some unwisely labour daily to augment , they diminish and utterly corrupt it , that power being onely safe which puts a measure to its strength ; for a prince ought to rule over those who are willing , to gain the love of his subjects , and seek their welfare ; which power if it grows grievous , takes the king off his peoples love , and turns his power into weaknesse : which he proves by the forecited saying of theopompus : for princes who impose a bridle on this greatnesse , more easily govern themselves , it , and their subjects ; whereas those who forget humanity and modestie , the higher they climb , the grea●er is their fall : this danger our ancestours , wise men , considering how they might keep their kings within the limits of mediocrity and modesty ; so as not to lift up themselves with overmuch power , to the publike prejudice , have enacted many things wisely and excellently ; among others , this , that nothing of great moment should be decreed without the consent of the peers and people ; and to that end they had a custom to assemble parliaments chosen out of all orders of men , as prelates , lords , and burgesses of cities ; which custom at this time is still retained in aragon and other provinces ; and i wish our princes would restore it : for why is it discontinued for the most part in our nation , but that the common consent being taken away , and parliaments excluded , wherein the publike safety is contained , both publike and private affairs may be turned into the princes pleasure , and the lusts of a few corrupt , vicious , and voluptuous courtiers and parasites may domineer and order all things . sixtly , because many great and learned men held , that the pope of rome , who is of greater power then any king , is yet subject to the whole church and a generall councell ; therefore the king must much more be inferiour to his kingdom . seventhly , because the whole commonwealth hath greater strength and forces than the prince , be he never so great in power ; and therefore if they disagree their power will be greater : yea , aristotle wisely would have the commonweal , not onely to be of greater authority , but likewise to have stronger forces then the king ; which he proves by aristotles forceited words , by the practice of the ancients , and those of syracuse , who did moderate their tyrants and kings guard so , that they might be able to over-power and master them upon any occasion . how great the authoritie of our republike and nobilitie was in the times of our ancestors , i will give you but one example , and so conclude : alfonso the eight king of casteil besieged concha , a city seated in rockie places , and the most firme bulwark of the moors territories on that part : wanting money to pay his souldiers , and thereupon provisions failing , the king hastens to burgon ; and in a nationall assembly , he demands , that because the people were wearied with taxes for supporting the warre , the gentlemen would give five muruedines a poll to his treasury ; that this opportunitie of blotting out the name of the mores was not to be omitted . dieglius then governour of cantabria , assented to this counsell , peter earl of cara withstood this motion , and gatherieg a band of nobles , departed from the assembly , readily to defend with armes the liberty gotten by their ancestors with armes and valour ; affirming , that he would neither suffer a beginning to be made of oppressing and vexing the nobilitie with new subsidies , from this entrance or occasion ; that to suppresse the mores was not of so great moment , that they should suffer the commonwealth to be involved in a greater servitude . the king moved with the danger , desisted from that purpose . the nobles taking advice , decreed to entertain peter with a banquet every year , as a reward to him and his posteritie of this good service , a monument so posterity of a thing well done , and a document that they should not suffer the right of libertie to be diminished upon any occasion . let it be a fixt resolution therefore to provide for the safetie of the commonwealth , for the authority of the prince yet so as to retain their royall principality in order with certain bounds and limits , and that those vain talking parasites and decevers may not ruine both , who exalt the princes power without measure , of which we may see a great number in princes courts , excelling in wealth , favour and power , which plague shall alwayes be accused and complained of , but shall ever be and continue . thus mariana , who in his next chapter ( worthy reading ) proves at large by invincible arguments , k that all kings and princes ( among others the kings of spain ) are , and ought to be bound by laws , and are not exempted from them ; that this doctrine ought to be inculcated into thy mindes of princes from their infancy , and to be beleeved , yea oft considered of them ; that they are more strictly obliged to observe their laws than subjects , because they are sworn to do it ; they are the conservators of the laws , the avengers of those that infringe them , and their examples are the best means to draw subjects to obey them . where he again affirms , that the whole kingdom is above the king , and may not onely binde him by lawes , but question him for the breach of them . before both these , in his first book de rege & regum institutione , chap. , , , , . he affirms the like ; adding moreover , that in many other realms more , where the crown is hereditary , the whole commonwealth , not the king hath and ought to have the chief power to designe by a law ( which the king himself may not alter , but by their consents ) who shall be the next heir , to avoid questions and commotions about the title to the crown : that where the right of the crown is in controversie the whole kingdom and state ought to decide the right , and settle it where they see best cause : that if the right heir in hereditary kingdoms , yea in spain , be an ideot , infant , woman , or a person unmeet or not so fit to govern● as others of the blood , he may be lawfully put from the crown , and another of their race lawfully substituted king in his place by the whole state , especially when the good or safetie of the commonwealth requires it ; because the safety of the people is the supremost law , and what they by common consent have enacted onely for the publike safetie , they may without any obstacle alter , when things require it , by like common consent ; especially , because the hereditary rights of reigning are for the most part made , rather by the dissimulation of the people , not daring to resist the will of former princes , then by their certain will , and the free consent of all the estates : that he which is thus settled by consent of all the estates hath a just title against the next heir of the blood and his issue , who are put by the crown ; else divers kings and princes now reigning in spain & elswhere , should be usurpers and want good titles to their crownes , they or their ancestor● being not the next right heires of the royall stock ( for all which particulars he gives sundry instances in the kingdomes of spaine ) as in berengaria , blanch , the mother of lewes of france , ferdinand , sancho the younger sonne of alfonso , henry the bastard , iohn king of portugall , fardinand , and iohn the . of aragon , &c. concluding . that if the king degenerate into a tirant , by subverting religion , lawes , liberties , oppressing , murthering , or deflowring his subjects ; the whole kingdome may not onely question , admonish , and reprehend him , but in case he prove incorrigible after admonition , deprive him , and substitute another in his place ; which ( saith he ) hath been done more then once in spain : thus king peter was publikely rejected for his cruelty to his subjects , and henry his brother ( though of an unclean mother ) obtained the crowne : so henry his nephewes nephew for his slothfulnesse and evill manners was deposed by the nobles suffrages , and alphanso his brother , though but a yong child proclaimed king. after his death elizabeth , ( henry his sister ) had the chiefe government of the realme leaving henry . and for a conclusion he addes , that such a tyrannicall king continuing incorrigible after publike admonitions of the whole state , if there be no hopes of amendment , may not onely be deposed , but put to death and murthered by the whole state , or any particular persons by their appointment ; yea without it , ( a note somewhat above ela ) if he be declared a publike enemy by the whole state ; and in case the whole states cannot publikely assemble by reason of such a princes knowne notorious tyranny , he writes , that then in such a case it is lawfull for any private man to murther him , to free the countrey and kingdome from destruction . adding , that it is a wholsome meditation for princes to be perswaded , that if they oppresse the common-wealth , if they become intoller able thorow vices and filthinesse , l that they live in such a condition , that they may not onely be slaine of right , but with laud and glory . peradventure this feare ●●●retard some princes that they give not themselves wholly to be corrupted with vices flatterers , and cast bridles upon their fury . that which is the chiefe , let the prince bee perswaded , that the authority of the whole common-wealth is greater then his , being but one , neither let him beleeve the worst of men , affirming the contrary for to gratifie him , which is very pernicious . all these positions of mariana ( however other kings and kingdomes may relish them , especially the last touching private subjects , which few can approve , the parliaments of france doing publike execution on this book , as they had just cause , for extolling and justifying the barbaro●s murther of their king henry the . by james clement a dominican frier , l. . c. . p. . to . and justifying the guises rebellion ) are yet authorized as catholike and orthodox by the most catholike king of spaine , and the emperour of germany , in whose kingdomes they passe for currant coyne , the most dangerous of them being seconded , not onely by hieronymus blanca in his aragonensium rerum commentariis , iohannis pistorius hispaniae illustratae , &c. and other spanish historians collected by him , but likewise by m alvarius pelagius , cardinall tolet , capistranus , dominicus bannes , franciscus victoria , simancha patensis , gregory de valentia , suarez , the doctors of salamancha , becanus , bellarmine , with other spanish iesuites & writers , who most heretically affirme , that even the pope alone either with or without a councell , for heresie ( as they deem it ) and obstinacy against the see of rome , may excommunicate , censure , depose , kill , or murther any christian princes , depose them from their thrones , dispose of their crownes to others at their pleasures , absolve their subjects wholly from their allegeance , and give subjects power to rise up in armes against and murther them by open force or secret treachery ; which bishop bilson truly affirmes to be farre more dangerous and derogatory to princes , then to attribute such a power , not to any particular persons but to their own whole kingdomes and parliaments onely : who being many in number , of the same nation and religion with , and having many dependances on , and many engagements by oath , duty , favours , benefits to their princes , lesse malice against them , judging onely according to the fundamentall lawes of the realme , and former presidents of their ancestors , and aiming at nothing but their kingdomes safety , are like to be more just indifferent iudges of their princes action when questioned , then the pope , a meer enemy and forraigner ; who proceeds by no other authority , but what he hath unjustly usurped from kings , and by no other rules but his owne will , pride , malice , honour , or profit . i have thus given you an account of the kings of spaines subordination to their whole kingdomes and lawes in point of thesis and positive doctorine approved by themselves , professed by their eminentest writers , i shall now proceed to historicall examples to confirme it in point of practise . o ordogno the . king of castile , summoned . earles of castile to appeare before him , who refused to goe to the warres against the saracens , promising them safe conduct , not withstanding he commanded them to be apprehended , imprisoned and slain ; for which bloody treachery those of castile rebelled against him , rejecting his government , and providing for the safety of them and theirs , duos milites , non de potentioribus , sed de prudentioribus eligerunt , quos & iudices statuerunt , &c. they elected two prudent knights of their owne to be their magistrates and iudges , to governe them , to manage their warres , and administer justice to them : the one was named flaevius calvus , the other nunius , surnamed de rasura , whose son gondesalvus after his fathers death , was substituted in his place , made generall of the militia ; ( principatum militiae addiderunt ) and his son after him , tam à magnatibus & militibus , quàm ab vnivers is popvlis castelanis , made earle of castile , and all submitted themselves to his government , rejecting the dominion both of ordogno and his brother king froila after him , for their tyranny and trechery . p alphonso the great king of gallecia about the yeere of christ . imprisoning his eldest sonne garsias , laying him in irons and exercising other cruelties , was by the practise of his owne queen semena and his other sonnes and nobles , so prosecuted and put to such streights ; that they enforced him to resign his crown to his sonne garcias , and to deprive himselfe of his gouernment in the presence of his sons and the grandees of his realm ; after which he requested his sonne to raise and grant him an army to goe against the sarazens , who condescending thereto , hee gained a glorious victory ouer them , and so dyed q alphonso sonne of ordogno , king of castile , after . yeers reigne , out of levity rather then religion , resigned his crown to ramire his younger brother , and then turnd monk about the yeer . but not long after , casting off his coul & leaving his monastery , he began to raise forces , and to aspire to the crown again which he had resigned ; wherupon ramir raised an army against him , and after . yeers waries took him prisoner , put out his eyes , and thrust him into a monastery . r iohn the first , the king of castile after the death of ferdinand king of portugall claimed that kingdome in right of eleanor his wife and next heire , but the portugals elected iohn , a bestard , a knight of the blood royall for their king , and excluded eleanor . henry the . the . king of castile , having no children lawfully begotten , would have made elizabeth his bastard daughter heire to the crown ; but the nobles would no wayes permit it , and resisting him with all their might , preferred his own sister elizabeth to the crown , and married her to ferdinand the . sonne to iohn king of arragon , rejecting his spurious daughter . and frier iohn de teixera i● his book of the originall of the kings of portugall , affirmes , that the kings of portugall were usually elected by the svffrages and free choice of the people , who had power to conferre the kingdome on whom they pleased : averring , that alfonso . . and . iohn the . emanuel and antonio , kings of portugall , were thus elected . which though ſ duardus nomus leo , a portugois lawyer denyes , and seemes to refute ; yet he grants freely , that the parliament or assembly of the estates in portugall have usually determined the title , right , and ordered the succession of that crown in the cases of these princes , and determined of their legitimate or spurious birthes : that when the kings of portugall have dyed without heires , they have by the law of all nations freely elected whom they thought meetest for their king : and that after the death of king ferdinand , they put by iohn and ferdinand the sonnes of king peter , begotten of agnes de castro his concubine , from the crown , because they were bastards ; and moreover enemies to the name and realme of the portugois , entring with henry and peter kings of castile , in an hostile manner with an army into the confines of portugall wasting them every where , and doing great dammages to , and committing many murthers among their citizens ; for which reason , the states assembled at coimbri , resolved , that although they were legitimate , yet they covld not obtain the svcession of that kingdome , quod se hostes & alienos a portugalia declarassent , because they had thvs declared themselves enemies and aliens to portvgall . and therefore beleeving the kingdome to be void for want of a right heire to succeed , in which case , by the law of all nations they might lawfvlly elect them what king they pleased , they chose iohn the bastard , king. after which he shewes , that philip the . his title to the crown , was long debated by , and resolved in the assembly of the states of portugall in the life of king henry , who summoned all the pretenders to the crown to come and declare their titles to it in a parliament held at almierin , upon the petition of the senate and people , who earnestly pressed him , that the title of the crown might be setled and discided during his life , to prevent division and civill warres after his death : by which it is apparent , that the assembly of the estates of portugall , is the most soveraign power and above their kings themselves . it is clear , that the gothish kings which reigned in spain were not hereditary , but elective , yea , censurable , excommunicable , and desposable by them for their male-administrations . t the generall history of spaine is expresse , that among the goths they did not reigne by right and succession from father to sonne , but those were chosen kings among them , which were held worthy ; which election was made by the nobility and people , and if any one did affect that dignity by any other unlawfull meanes , he was excommunicated and rejected from the company of christians ; as appeares by the . councell of toledo . thus vallia the . king of the goths , an. . agila the . king an. . luiba the . king an. . gundamir the . king an. . suintilla the . king an . v tulca the . king an. . bamba the . king of goths , an . . to omit others , were elected by the nobles and people , though now and then the crown went by succession through usurpation rather then right , x theodiscle the tenth king of the goths in spaine , giving himself to lusts and adulteries , polluted great and honest families , corrupted nobles wives , and committed many murthers ; whereupon the chiefe of the goths conspiring against him , strangled him at sevill ●●oting in his banquets , and elected agila for their king : so victrix the . king of the goths , a vitious base unworthy prince , was miserably slain by his own people for his vitiousnesse , as he sate at table . y suintilla the . king of the goths , in the beginning was a good prince , but in the end he grew exceeding covetous and cruell ; wherefore the goths made him resign his kingdome about the yeare . and deprived him of the crowne , he was likewise excommunicated by the bishops ( whose power at that time began to equall that of kings ) at the councell of toledo ; which interdicted him , with geilands brother , their wives and children , the communion and fellowship of the church , and the possession of their goods gotten by violence and tyrannicall meanes ; and sisenand his adversary , with the consent of the people , obtained the kingdom . the . z councel of toledo under cinthilla the . king of goths , about the yeare . decreed , and by a perpetuall law imposed on the kings of spain , not to suffer any one to live within their dominions which was not a catholike ; the which their kings should solemnly sweare before they were crowned ; and if any king should goe against that law which he had thus sworn he should be excommunicate and accursed in sight of the eternall god and made the fuell of eternall fire : which canon was made , not only by the assent of this king & his bishops 〈…〉 with the consent & deliberation of his nobles and great men . in the a . councel or toledo under this king it was decreed gen. , , , that the kings children and faithfull servants after their deaths , should not be deprived of the lands , honours , and just rewards by the ●ucceeaing kings , which had been conferred on them in their lives ; that no man should aspire to the crowne licentiously , under pain of excommunication and a divine anathema , whom neither the election of all , nor the nobility of the gothish nation had no , advanced to this top of honour . that none should , auring the kings life endeavour or use meanes to succeed him after his death ; nor yet revile the prince , under paine of excommunication . all which particulars were ratified by new b canons in the . councell of toledo under this king , can. , , , . with this addition ; that the king being dead , none should usurp the kingdome by tyrannicall presumption ; that none who had been sh●●ven a monke , or dishonestly bald , or descended from a servile stocke , or a man of a forraign nation , unlesse worthy both in respect of his pedigree and manners , should be promoted to the throne of the kingdome ; nor no man attempt the princes destruction , life , or usurp his crowne tyrannically , under pain of being 〈◊〉 with a perpetuall anathema , and eternall condemnation , for breach of any the premises . these councels , as mariana observes , were in truth generall assemblies of the estates , where they handled not only matters of religion , but likewise of the common-weale by common consent of all . bamba the . king of the goths ( after c lewes de mayern turquets computation which i follow but ● . after roderick sancho ) was elected king by the goths , as he was plowing with his oxen in the field , being a plain countrey man. some say , that he would never have received this honour and charge , but by constraint , and that refusing absolutely , a noble man of the goths drew his sword , and threatned to kill him if he did not yeeld to the gothes intreaties , and that his goad wherewith he drove his oxen did suddenly in his hand bring forth leaves , fruit , and roots ; whereupon he took this dignity upon him , more for fear than for any desire to reign . anno . after which eruinge ambitious of command , poisoned king bamba , so as he became madde ; for curing whereof many naturall and superstitious medicines were applyed , but to small effect ; so as bamba coming a little to himself again , and finding his disabilitie to govern , willingly quit the crown , and retired himselfe into a monastery at pampliga , where he lived seven years and one moneth , and d eruinge was chosen king in his place , whose election was confirmed and allowed lawfull in the councill of toledo , can. . as elected thereto by god , and all the peoples desires ; whom this councell absolved from their oath of allegiance formerly made to king bamba , whiles he held the kingdom . in the e thirteenth councell of toledo under this king eruinge . anno . it was decreed , that neither the king nor any other should marry the widow of the deceased king , upon pain of excommunication , and to be damned to hell fire . vitiza f the nine and twentieth king of the gothes , at his first coming to the crown , shewed himself milde , liberall and religious , but soon after became the infamy and dishonour of kings , being full of all excesse of lust , impiety , hypocrisie and dissimulation , and exceeding in all vices without shame ; he filled his palace with many wives , which he married , and concubines too ; he publikely allowed to all men , nobles , commons , priests and clergy , to marry as many wives , and keep as many whores as they pleased ; he used great crueltie to many : flattered the clergy , lest by their censures they should draw the people from obeying so filthy and unchaste a king . to prevent all rebellions ( under the colour of peace which spain did then injoy ) he caused all the towns of spain to be dismantled , except leon , toledo , and asturica ; he disarmed the people , disanulled all the immunities of the church ; he recalled the banished the jews , and granted them great priviledges ; he advanced a most wicked wretch to great honours , execrable to all the people , that so he might not say , himself was the worst of men : finally , as a presage of his future miseries , he shewed ( in all sorts of excesse and violence , contrary to the laws of god and men ) what princes ill instructed and ignorant of true pietie could do : a buffone asking him me●rily , why do you being a king & the son of a king do thus , you may lose your kingdom ? hereplyed like another dionysius , my father left me his kingdoms , not fortune . in fine , g rodorick obtained the corwn ; who soone after exceeded vitiza in all manner of vices , cruelty , and tyrannie , and ravished the daughter of iulian earl of cava , whiles he was in embassage in affrick for the affairs of the kingdom ; who to revenge this indignity , and cast out this wicked monster , anno . called the mores into spain , who over-ran and conquered the kingdom , destroyed rodorick , and put a period to the gothes kingdom in spain . thus tyrannicall vitious princes ruine at last both themselves and their realms . among the h lawes of the wisigothes , lib. . c. . . i finde not onely an act declaring their kings to be subject to their lawes as well as subjects , but likewise a law restraining their kings excesses , and dis-inabling them to alien their crown lands or revenues to their own children or others , but onely the lands which themselves shall purchase ; which was likewise decreed in the eighth i councill of toled● , under king rec●●ni●thus , where in there was this complaint made . quosdam conspeximus reges , post quam fu●rint regni gloriam assequuti , ex●●nuatis viribus populorum , rei propriae congere●e lucrum ; & 〈◊〉 , quod reges sunt vocati , defensionem in vastationem conversunt , qui vastationem desensione pelle ● debuerunt ; illud gravius inn●ctentes , quod ea quae videntur acquirere , non regni deputant honori , vel gloriae , sed ita malunt in suo jure confundi , ut voluti ex debito descernant haec in liberorum posteritatem transmitti : resolving , that non personae sed 〈…〉 subdi debere , non habenda parentali successione , sed possidenda regali congressione ; regem terrenum jura faciunt , non persona , &c. i likewise finde another k law , nullifying all unjust judgements and sentences given by iudges through fear or command of the king. and another law , giving the king power over all offenders against himself , but denying him power to pardon any delinqu●rts against the nation or countrey . all which considered , prove the whole state , kingdom and councels among the spanish gothes , to be about their kings , who were lyable to their restraints , excommunications , laws , * censures , depositions , for their male-administrations , vicious lives , and not successive but elected by them . l p●lagius the first king of oviedo , was elected king , and that kingdom erected by the generall consent of the people oppressed by the moors , about the year , . during whose reign there were severall vice-royes of the moors in spain , as alcazazin , and alhatan and others . his sonne king fasila was slain by a bear which he pursued in the mountains : i doubt his subjects would have resisted him as well as the bear , had he made war upon them . froila the fourth king of ovedo treacherously slew his own brother vtmaran a gallant knight , generally beloved , ( out of jealousie ) lest he should usurpe the crown ; in revenge of whose death he was soon after slain by his own brother aurelius , anno . who succeeded froila in the realm , notwithstanding he le●t a son called d alphonso the chaste ; but the hatred that the noblemen did bear unto his father , was the cause of his rejection , being then also very young ; whereby it appears , that the right of succession was not in those dayes practised in spain ; s●ll● his brother-in-law succeeded him ; after whose death by generall consent , the kingdom was given to alphonso . m ramir the tenth king of oviedo did that which all other princes abhor , for he received his son to be companion with him in his kingdom , and caused his brother garcia to reign with him , so as there were now two kings and courts in oviedo , both agreeing well together . anno froila dying without issue , because his children were too young to reign , the nobles conferred the kingdom on alphonso the fourth , who after five years turned monke . n ramir the third , twentieth king of leon , abandoning himself to a voluptuous life , contemned all good counsell , so as the earls and noblemen of gallicia seeing his folly , and discontented with his vices , scorned him , and would no more acknowledge him to be their king , electing bermund for their soveraigne , and intituled him king of gallicia , which title he enjoyed ten years : about which time the moors in spain which had one king reigning at cordova , after the death of king mahomet , made so many petty kings , as there was scarce any good town in spain , but had a particular king , which made strict alliances among themselves , for the preservation of their estates . o anno ● ● , garcia king in gallicia growing a tyrant , spoiled and ill intreated his subiects , governing himself after the appetite or a base woman , who put the nobilitie and gentry in favour or disgrace with the king as she pleased , so as in the end growing insupportable , certain knights slew her in the kings presence ; his brother sancho taking advantage of the peoples hatred , entred his realm with a great army ; who thereupon being deserted generally by his people , fled to the moors for ayd , and fell to spoil his own countrey , after which he was defeated , taken prisoner , and so kept in the castle of lune with a good guard till his death . i read in p iohn mariana , that in the councill of florence under pope victor the second , anno . hildebrand a cardinall deacon embassadour to henry the second , emperour of germany , complained in the councill against ferdinand king of spain , in the emperors name , that against the custom of his ancestors and prescript of laws , he did with incredible arrogancy and levity hold himself exempt from the power of the roman empire , which iniury himselfe could gladly suffer , if there were no other losse but of his own honour ; but since the estate of christendom could not well subsist , and the popes authority would likewise be impaired , unlesse all christian kingdoms were united and knit together under one temporall head the emperour , whom they should obey ; they ought to suppresse the springing temerity in the wombe , lest by their neglect spreading it self into other provinces , animated with the sweet , and oft-times deceitfull name of libertie , the sacred majestie of the empire and popedom should be reduced to an empty title ; wherefore he desired them to interdict all spain , and excommuniate the king ; which if they did , he would be assistant to the churches honour and republiks safety then indangered : but if they refused it out of fear , he would not be wanting to the honour of the empire , & would certainly look to himself in private . the pope after some deliberation , approved this motion as just , & thereupon sends legats to ferdinand in his own and the councils name , to satisfie the emperors demands forthwith , under pain of present excommunication . the king doubtfull and fearfull whether to obey or not , summons a generall assembly of the estates of the realme : the clergy and religious sort of men perswaded submission , for fear of the popes excommunication ; the fearfuller sort concurring with them , by reason of the emperours power and their own weaknesse and distraction , and the kings desires of peace , inclined most to their opinion . but some heroick spirits thought that a most grievous yoke should thereby be laid on the liberty of spain ; which being once admitted on their necks , they should hardly shake off again ; that it was better to die fighting , then that the republike should be involved in so great a mischief and indignitie . rodoricus diacius , a noble spanyards opinion ( then absent from the assembly ) being required by the king and it , answered . that this was no matter of counsell : that what was gotten with arms was to be defended with arms ; that it seemed most unjust , that the fruit of others valour should return to those who in their lost condition had not communicated in the labour and danger which recovered it ; that it was better to die valiantly , than to lose the liberty gained by their ancestors , to become a mocking-stock to a barbarous and cruell nation , who contemned all men but themselves ; whose ears were proud , whose speeches contumelious , whose accesse difficult , riotings new , cruelty inhumane ; shall we who have yet hardly escaped the servitude of moors , undergo a new bondage prepared from the christians ? they will deride both us and ours . doth the whole world , as farre as christianity extends it selfe , obey the german emperours ? shall all the grace , power , honour , riches , gained by ours , and our ancestors blood , give place to the germans ? shall they leave dangers , repulses , iudgemen , want to us ? shall germany again lay on us the yoke of the roman empire , which our ancestors have shaken off ? shall we be a vulgar people without grace , without empire , without authority , obnoxious to those , to whom if we had vigorous mindes , if we were men , we might be a terrour ? but it is difficult to resist the emperous endeavours , not to obey the roman pontifs commands ; verily it a basnesse of spirit , for an uncertain fear of war , to involve the commonwealth in most certain dangers : many things are effected by triall , which seemed difficult to slothfull men . i know not what stupidity hath seized on many , whom neither glory moves , nor the infamy of the wretchednesse , thinking it great liberty enough if they be freed from scourges ? i suppose the popes ears will not be so averse to our affairs , that he will not be moved with our most just prayers , and the equity of the cause ; let some now be sent , who may boldly defend the cause of our liberty before him , and teach him , that the germans demand unjust things . mine opinion is , that the liberty gained by our ancestors , is to be defended with arms against the attempts of all men , and with this my sword i will maintain , that they are most wicked traitors to their covntrey , who out of a simulation of a fond religion , or shew of preposterous caution , shall give contrary advice , neither shall resolve , that servitude is to be repudiated with greater care by us , then domination is affected by them . so farre forth as every one shall addict himself to the liberty of his countrey , so far shall i be a friend unto him , or a deadly enemy . this opinion of roderic prevailed , in pursuit whereof they raise an army of ten thousand men , whereof he was made generall ; they send ambassadours to the pope and councill , whereof roderic was chief ; and upon a full hearing of the cause before rupert cardinall of saint sabria , the popes legat , at tholouse , judgement was pronounced for the liberty of spain , and it was decreed , that the german emperors should from thenceforth have no power nor jurisdiction over the kings of spain ; which was afterwards confirmed by the customes of the people , the consent of other nations , the publike resolution and judgement of lawyers ; as iacobus valdesius in his book de dignitate regum hispaniae printed . cap. . proves at large . q the generall history of spain , records , that the councill of florence resolved , that seeing the kings of spain had defended and conquered their realms by arms , without any ayd from the emperours , they were free and exempt from all subjection and acknowledgement to the emperors ; whereof we may read the glosse upon the chapter adrianus p●pa , distinct . . the like priviledge have the kings of france , the state of venice , the kings of england , and some others ; which clearly demonstrates , the soveraign power of kingdoms and nations even over their kings and princes , and that they may justly defend themselves , and elect other princes , when they are deserted or destroyed by them . r anno . sacho ramires king of aragon , to supply the charges of his wars against the moors , was sometimes forced to use the revenues of his clergy , his treasure being not able to furnish so great a charge ; but the bishops of his countrey , who affected nothing more but to enrich their own order and state , opposed themselves against him , and afflicted him in such sort , as putting him in a vain fear , that he was damned for this cause , they made him do penance in the church of roda before saint vincents altar , in the presence and at the pnrsuite of raymund dolmare , bishop of that place , the bishop of jarca , and others , and to confesse publikely , that he had grie●ously offended . thus these good fathers publikely insulted over their soveraigne . ſ anno . king alphonso granted this priviledge , among other , to toledo . that the city of toledo might never be alienated from the crown , nor given upon any title whatsoever , to man , woman , or child . anno . sancho king of navarre was slain in battell by his brother raymond thinking to reigne after him , t but the navarroyes expelled him out of their confines , disdaining that he should raigne over them , who had embrued his hands in his kingly brothers blood , and sending to sancho ramires , . king of aragon , called him to raigne over them , because their slain kings sonnes were too young to raigne , and protect them from their enemies ; by which meanes the kingdomes of arragon and navarre were united . v veracha queen of castile , a most lascivious open adultresse , by her unchast life so fa●re provoked her husband alphonso , that he was divorced from her , made warre against her and confined her : after which she still continuing in her lewdnesse , the nobility and states of castile and leon , revolt from her , take armes against her , depose her from the crowne , and elect and crown her sonne alphonso the . king an. . allowing her onely a pension to support her life . x alphonso king of arragon by his last will and testament , most solemnly ratified , for the expiation of his sins , gave divers crown lands , tenements , revenues , and legacies to religious houses and persons , an. . but being prejudiciall to the crown , his will after his death was held void and not put in execution : he being slain by the moores an. . the states of arragon elected one peter tares for their king : who growing exceeding proud of his new dignity , began to despise the nobles , and abrogate the lawes and customes of the country : and the nobles ( being assembled at a general assembly of the states ) going to visit him , he comanded his porter to shut them out , saying , that mounsieur was busie about matters of great importance , but they understood afterwards , that the great affairs causing him to exclude his friends were , his barbar was trimming him : which so incensed the nobles and great men , that the next day they held their generall assembly of the estates without the king ; where they first of all decreed to depose their new king , because being ●n honour he had no understanding of himselfe , and because they found he would grow more proud and insolent afterwards : whereupon expelling peter , the estates assembling at boria , elected ramier a monke , brother to king alphonso , for their king ; who was much deriued of his nobles for his monkish simplicity , and at last turned monk againe : but those of navarre thinking a monk to be better acquainted with the matters of a monastery then how to govern a kingdome , and being jealous that the arragonoys by chusing a king of the blood royall of arragon , would by this meanes aspire to the chief places of honour and favour in court , it was concluded , that the estates of navarre should assemble at pampelone , where they chose garcia remires their king of navarre ; and so the realmes of arragon and navarre which had been united . yeers , were seperated in these two kings . the kingdomes of spain being often before and since this time united and divided , as the people and realmes assented or dissented thereunto . y not to mention the troubles of castile by reason of the nonage of their king alphonso the fourth , of whose custody and tuition the assembly of the estates disposed ; or how some knights of castile slew a iew , with whom this king was so enamoured , that he forgot his new spouse , and almost lost his sences . anno . king alphonso assembled the estates of castile at burgon , to leavie a taxe upon the people , whereto the nobilitie , as well as the rest , should contribute , imposing . maravidis of gold for every person ; but it took no effect : for all the gentlemen of castile being discontented , that he sought to infringe their liberties , fell to armes , and being led by the earle don pedro de lara , they were resolved to resist this tax , and defend their liberties with the hazzard of their live● . whereupon alphonso changed his opinion , and let them understand , that from thenceforth he would maintain their immunities ; and that whatsoever he had then propounded , was not to continue , but only to supply the present necessity of affaires , which he would seek to furnish by some other meanes . for the great resolution which don pedro de lara shewed in this action , the nobility of castile did grant to him and his successours , a solemn breakfast in testimony of his good endeavour in a businesse of so great consequence , and thereby the lords of lara have the first voyce for the nobility in the court of castile . ( z ) an. . king alphonso the noble called a parliament of the lords , prelates and deputies of the townes of his realm at toledo , to advise and assist him in his warrs against the moores ; where they concluded to crave ayd from all christian princes , and a crossado from the pope against the moores , and made divers lawes to restrain the supersluities of the realm in feasts , apparell , and other things . a iames the . king of arragon being young at the time of his fathers death , it was thereupon after ordained in the assemblies of the estates of mencon and lirida , that don sancho earl of roussilon should govern the realm during the kings minority ; but they gave him limitation : the kings person they recommended to frier william of moncedon , mr. of the templers : after which an. . this yong kings vncles seeking to wrest the realme from him instead of governing it , by the fidelity of the estates and their authority , his interest was preserved , and three governours with a superintendent of his provinces were appointed by them ; and to prevent the continuall practises of the earles of roussillon and fernand the kings uncles , the states and justice of arragon declared the king of full age when he was but ten yeeres old , and caused the earle of roussillon to quit the regencie ; the authority of the justice of arragon being then great for the defence of the publike liberty . an. . alphonso the noble king of castile dying , his sonne henry being but . yeer old , the prelates , nobles and commons assembled at burgon , having declared him king , and taken the oath , made queen eleonora his mother , governesse of his person and realms : after whose death , the custody of him was committed to the hands of the lords of lara : this king afterwards playing with other yong children of noble houses at palenca in the bishops palace , one of them cast a tyle from the top of a tower , which falling on the covering of an house , beat down another tyle , which fell on the young kings head , wherewith he was so grievously hurt , that hee dyed the eleventh day after , an. . yet this his casuall death ( for ought i finde ) was neither reputed felony nor treason in the child that was the cause of it . after whose death fernand the . was proclaimed and made king by the states of castile , to prevent the pretentions of the french : after which his mother queen berenguela in the presence of the estates , renouncing all her right to the crown , resigned it up to her sonne fernand : about this time the moores in spain rejected the miraluminis of africk , and created them severall kings and kingdomes in spain , being never more united under one crown after this division , which they thought it lawfull for them to make . an. . the estates of arragon assembling at barcelona , they consenting and requiring it according to the custome of the arragonians and cattelans , ( these estates having authority to make warre and peace , and leagues ) a warre was resolved against the king of the moores and majorkins . anno . the realm of navarre being very ill governed , by reason their king sancho retired to his chamber , did not speak with any man but his houshold servants , and would not heare of any publike affaires ; thereupon the state began to think of electing a regent to govern the realm during his retirednesse ; to prevent which , sancho made an unjust accord with the king of navarre , and confederated with iames king of arragon , by the assents of the states of the realm to leave his kingdome to him if he survived him ; yet after his death thibault earle of champaigne was by the states of navarre elected and proclaimed king. and anno . the estates of arragon and cateloigne assembled at moncon for the continuance of the warre with the moores and conquest of valentia , without whom it was not lawfull for the king to undertake any matter of importance . for maintenance of this warre , a custome called marebetine , and an exaction of impost for cattell was by the estates imposed on the people ; it was likewise decreed , that all peeces of gold and silver coyned should be of one goodnesse and weight , to the observation of which edict for coynes , all were bound to sweare that were above . yeers of age . c anno . iames king of arragon , revealing to his confessor the bishop of girone , that before his marriage with queen yolant he had passed a matrimonial promise to theresa of bidame , she sued him thereupon before the pope , who gave sentence against her for want of sufficient witnesse , notwithstanding his confessors testimony : the king hereupon grew so angry with the bishop for revealing his secrets , that sending for him to his chamber , he caused his tongue to be cut out : for which out-rage committed on the bishop , though faulty , the pope in the councell of lions complained , and in the end interdicted all the realme of arragon , and excommunicated the king . hereupon to take off this interdiction and excommunication , the king sent the bishop of valentia with his excuse and humiliation to the pope ; wherewith he being somewhat pacified , sent two legates into arragon ; who having assembled a synod of bishops at lerida , they caused the king to come thither , and to confesse his fault upon his knees before these fathers , with great submission and teares , who gave him absolution , upon condition he should cause the monastery of boneface to be built , and endowed with an hundred and forty pounds of silver , of annuall rent ; endow an hospitall for the poore with foure hundred pounds silver per annum , and give a prebendary in the great church of girone , for the maintenance of a masse-priest . about which time the d moors in spain erected many new kings and kingdoms by mutuall consent , and mahumad aben alamar for his valour , was by the inhabitants of mariona , elected and made first king of granado . e anno . all was in combustion in portugall by the negligence and basenesse of their king don sancho capello , who was wholly given to his wives humours , hated of the portugales , and himselfe disliked for her sake : for many malefactors and insolent persons were supported by her , who grew daily more audacious in their excesse , without feare of iustice , which was trodden under foot , for their respect . for these considerations , and her barrennesse too , all the noblemen of the kingdome desired to have the queen ( called mencia ) separated and sent out of portugall : for effecting whereof , they made a great instance at rome , but neither exhortation , admonition nor commandment , nor censure could prevaile , the king so doting on her , that he would not leave her : which the portugals perceiving , some of them presumed to seize on her in the city of coimbra , and conducted her into gallicia , from whence she never more returned into portugall . not content herewith , they sought to depose the king from his royall dignity too , for his ill government , and to advance his brother don alphonso to the regall throne , in his place ; whom the estates assembled made regent of portugall , leaving only the title of king to his brother ; which fact of the estates , the pope in the councell of lions , authorized by his apostolicke power : with which the king being displeased , abandoned his realme , and retired into castile . f anno . the lawes and customes of arragon , were reduced into writing by king iames his appointment , and compacted into one body , having till that time been observed onely by tradition : which volume was coufirmed by the estates held at hu●f●a : and the same yeere the king of castile erected a kind of chancery and standing court of parliament of . learned men , which followed the court. g anno . thibald the . king of navarre being but . yeers old at the descent of the crown unto him , was at . yeers of age , declared of full age , and crowned king in the great church of pampelone , where he did sweare , to preserve and augment the priviledges of the covntry : afterwards he doing homage to the king of castile for the realme of navarre , as his predecessours had done before him , and making such a peace with him as the prelates , knights and commonalties of the realme in the states had approved , yet divers knights and the inhabitants of the borough of st. iermin of pampelone disallowed this homage , this peace , and would not subscribe to it , as tending to the kings dishonour ; whereupon the king did punish them by fines ; but his choller being past , some few dayes after , considering they were good and faithfull subjects , loving his honour and greatnesse , and that they resisted his will out of true love and zeale which they owed to the crowne and their countrey , hee caused their fines to be restored . h alphonso the . fifth king of portugall putting away his first wife mahault without cause after he had children by her , and marrying beatrix ; hereupon when by no intreaties of friends or the pope he would entertaine his first wife again , he was excommunicated by the pope , and his realme interdicted . or . yeers space , continuing still obstinate till his first wife dyed , after which he was absolved . i anno . and in some yeere following , there were divers controversies concerning the crown lands , and setling of portions for the king of arragons younger children , moved and determined in the assembly of the estates of arragon : and the nobility complaining , that their king iames did breake their priviledges , made many leagues and factions . this matter being debated in the estates at saragossa , and then at ex ea in the yeare . for pacifying these troubles they enacted , that no honours nor military fees should be given to any but to gentlemen of race , and born in the countrey . that no gentleman should be subject to the tribute of cattell , nor to any other . that in all controversies which the nobility might have against the king or among themselves , the magistrate called the iustice major of arragon should be iudge , being assisted by the councell . that the king should not give the fees and military rewards , allotted to them that doe him service , as a recompence of their vertue and valour , to any of his lawfull children , who by right have their portions in the realme . anno . iames king of arragon comming to the councell of lions , desirous there to be crowned by the hands of pope gregory ; ( a ceremony whereof he made great account : ) the pope refused him , unlesse he would acknowledge himselfe vassall to the church of rome , and pay the arrerages of the rent which the deceased king don pedro his father had promised : the which king iames would not doe , holding it an unworthy thing so to debase the greatnesse of his crowne , and restraine the liberty of his realme in any sort . and this yeare there were great and continuall tumults in arragon , the nobility opposing themselves against the king : for composing which differencs the estates of arragon assembled in parliament at exea , where king iames tooke the government and managing of the affaires of the realme from his sonne don pedro : and diverse great dons were there condemned of contumacy , and their lands confiscated by the iustice major of arragon : in this assembly the nobility pleaded the priviledges of c●●teloyne ; that the nobility might quit the kings obedience in case of controversies and suites , especially if there were question of their liberties , and to protest it publikely . k anno . denis the infant king of portugall desired his grandfather alphonso king of castile to discharge the realm of portugall of the homage and vassallage it ought to the king of leon , who thinking it would be taken ill by the noblemen his subjects , advised the infant to propound it in an open assembly , called to that end . the opinion of don nugno de lara was , that by no meanes he should diminish the authority and greatnesse of his crown , which he should doe , if he did quit this homage to the king of portugall : for which opinion the king growing angry with him , the residue fearing the kings displeasure , advised him to doe it : whereupon the realme of portugall was freed from all homage and subjection due to the kings of leon and castile : for which prodigality the other nobles and d. nugno were so much discontented , that they made a league with the king of granado against their own king , for dismembring portugall from the crown of leon ; to pacifie which differences the king used many mediations , and at last called an assembly of the estates at burgos , the which was held without the towne for the safety of these confederates . that great astronomer l alphonso king of castile , ( who presumed to controule the author of nature , saying ; that if he had been at the creation of the world , hee should in many things have been of another opinion , and amended gods workmanship ; ) was a most willfull , indiscreet , unfortunate prince ; for his eldest sonne fernand dying in his life time , leaving alphonso and other issue males behind him , don sancho his second son resolved to dispossesse his nephews of the kingdom , saying ; that it was fit ▪ that he who was a knight , and learned to govern a realme , were it in warre or peace , should raigne after his father , rather then his nephews , sons of his eldest brother who were every young , having need of regents and governours , charges which were affected by great personages , who by reason thereof grew into quarrels one with the other , to the oppression of the people , and hazzard of the estate . after which , don lope diaz of haro pressed the king to declare don sancho his sonne his successour in the realmes of castile , toledo , leon , and other places , being his eldest sonne then living ; to which he giving a cold answer at first , having afterwards assembled the estates in segobia , he was by the king and the estates consent declared and received as heire to the crown after his fathers decease , fernands children being disinherited of their right , which fact was then excused and justified , because there was no law at that time which did binde the king , much lesse the estates , to leave the realme more to one sonne then to another : since which there was a law made and received in the time of fernand the . in the city of taro ; where it was decreed by the estates upon this difficulty , that the children of the elder brother deceased , representing their fathers person , should in that respect be preferred before the vncle : hereupon queen violant , and blanche widow to fernand were so much discontented with the decree of the estates , disinheriting the eldest brothers sonnes , as taking the young children with them , they departed out of castile to don pedro king of arragon ; where don sancho caused his nephews to be imprisoned , whom king alphonso labouring under hand to get released ▪ don sancho advertised hereof , made a league with the moores of granado , against his father , and by assent of his confederates took upon him the title of regency of the kingdome of castile and other his fathers dominions , refusing the title of king , during his fathers life time ; who was forced to pawn his royall crown and iewels to iacob abin ioseph a moore , king of morocco , who aided him willingly against don sancho . after which in an assembly of the states at cordova with the advise of the noble men and knights of castile thereupon sent , by a decree pronounced by the mouth of don manuel , in the name of the whole nobility , alphonso was deprived of all his realmes , for murthering his brother don frederick , and burning don rues unjustly without any forme of justice or orderly proceedings , the breach of the rights and priviledges of the nobility , and the excessive wasting of the treasure of the realme . vpon this there arose bloody warres between the father and sonne ; and in the yeere . alphonso was so vexed with his sonnes proceedings , that hee pronounced in the presence of many men of ranke both clergie and laity in the city of sevill , the curse of god and his upon don sancho , a sonne , said he , disobedient , rebellious , and a par●cidie , declaring him uncapable and unworthy to reign , depriving him of his successions , inheritance , and discharging the subjects , as much as in him lay , from all oath and homage which they had done unto him . but these were but words which don sancho did not much esteem ; enioying his fathers kingdomes after his decease in title , as he did before in act , and dying king of castile , his heires succeeded him in that realme , as lawfull heires thereunto . m don pedro the third , king of arragon about the yeare . had many controversies with his nobles and knights who complained much of his sower disposition , and tyrannous manner of government , insulting over the greatest , yea against his own blood , contrary to all law and nature . wherefore being ill intreated by him in their freedomes , whereof the townes and commonalties of his countries did also complain , the nobility , knights and gentry , for preservation of their liberties made a vnion together among themselves and with the people ; promising and swearing to let the king and his sonne don alphonso ( who was his lieutenant generall ) understand , that if they did not contain themselves within the limits of the lawes of the country , they would withdraw themselves from their obedience , and declare themselves enemies , and pursue them by armes that should seek to break them . the king hereupon called the estates to tarrasone , and afterwards to saragossa , where he intreated , promised and did all what he could to break this vnion : but he was forced to yeeld , and granted to the arragonians the priviledge they call generall , whereby their liberties which had been somewhat restrained , were again restored , the ancient manners of the country , and customes of their ancestours put in practise . and moreover there were laws made for their kings , which they should be bound to obey ; and for that they were in a mutiny in some places , by reason of certain impositions laid upon salt , the traffique thereof was made free by the estates . and the king refusing the judgment of the iustice maior of arragon , deposing pedro martines artassone ( who then exercised it ) from his office , the estates soon after at an assembly at zutaria , fortified it with stronger laws , deeming the iustice of arragon to be a lawfull iudge , ( whom the king himself could not displace ) even in cases commenced against the king ; who being cited and not appearing , there were decrees made against him in many instances . in the end the king confirmed the decrees of the iustice maior , and whatsoever should be concluded by the estates , the deputies and councellors having given their suffrages . i read in * hieronimus blanca , that about the year . the arragonians taking it ill that their liberties gotten with their blood , should so many wayes be subverted , as then they were by king pedro the first , raised up the name and forces of a vnion , that with one force , and the consent of all , one minde as it were being made out of all , they might more easily propulse so great injuries ; but what was then done hereupon , is not recorded ; but the two memorable priviledges of the vnion under king alphonso the third , are said to spring from thence . don alphonso n king of aragon succeeding pedro , anno . he was admonished by the estates ambassadours , to come speedily to the assembly at saragossa ; where having sworn and promised the observation of the customs , rights and priviledges of the countrey , and received the oath of fealty from the deputies , he might lawfully take upon him the title of the king of aragon ; the which they said , he might not use before this act and ceremony , according to the ancient customs of aragon . vpon these summons he came to the assembly of the estates to saragossa , took the oath aforesaid , after which he was crowned : which done there grew in this assembly a great contention , touching the reformation of the manners of courtiers , and the ordering of the kings house ; the noblemen and deputies of the estates of aragon maintaining ; that the conusance thereof was incident to their charge ; the king , and his houshold servants on the other side , denied , that there was either law or custom which tyed the king or his followers to any such subjection . in the end it was concluded , that the reformation of the court should be made by twelve of the principall families , the like number of knights , four deputies of saragossa , and one of either of the other cities , the which should give their voices in that case . this vnion of aragon obtained likewise a decree , that the king should have certain councellors chosen , to wit , four of the chief nobility , four knights of noble and ancient races ; four of his houshold servants , two knights for the realm of valencia , two citizens of saragossa , and one of either of the other cities ( whom they particularly name ) with a condition , that whilest the king should remain in aragon , ribagorca , or valencia , two of those noblemen , two of his servants , two knights of aragon , one of valencia , and the four deputies of the realm of aragon , should follow and reside in his court , as covncellors appointed by the vnion ; who protested by solemn deputies sent to the king to that end , that if he did not receive , observe , and maintain those orders , they wovld seize vpon all his revenves , and on all the fees , offices , and dignities of such noblemen as should contradict them . thus were the kings of aragon intreated in those times by their subjects , who entred into a vnion between themselves resolving , that for the common cause of liberty non verbis solum , sed armis contendere liceret ; that it was lawfull for them to contend not onely with words , bvt with arms to ; and determined in this assembly of the states , a comitijs intempestive discedere regi nefas esse , that it was unlawfull ( yea , a grand offence ) for the king to depart unseasonably from his parliament , before it was determined . our present case . o iames the second of aragon being in sicily at the death of king alphonso , don pedro his brother assembled the estates at saragossa , to consult , lest the state in his absence would receive some prejudice ; where james arriving , having first sworn and promised the observation of the rights and priviledges of the countrie , was received and crowned king . about the year iames , by advice of his estates held at tarragone , made a perpetuall vnion of the realms of arragon and valencia , and the principality of cat●lone , the which from that time should not for any occasion be disunited . in which assembly don iames eldest son to the crown , being ready to marry leonora of castile , suddenly , by a strange affection , quitting both his wife and succession to the realm of arragon , told his father , that he had made a vow neither to marry , nor to reign ; so as notwithstanding all perswasions of the king and noblemen , he quit his birth-right to his brother don alphonso , after the example of esau : discharged the estates of the oath they had made unto him , and presently put on the habite of the knights of ierusalem ; whereupon his second brother , was by the estates of arragon acknowledged and sworn heir of these kingdoms , after the decease of his father . at this time the authority of the iustice of aragon was so great , that it might both censure the king , and the estates , and appoint them a place , and admit them that did assist , or reject them . p ferdinand the fourth , king of castile , being but a childe when his father sancho died , was in ward to his mother queen mary , his protectresse ; he had two competitors to the crown , alphonso de la cede , and den iohn , who making a strong confederacy , were both crowned kings , against right , by severall parts of his realm , which they shared between them . the states assembled at zamora granted great sums of money to ferdinand to maintain the wars with his enemies , and procure a dispensation of legitimation and marriage from the pope , who would do nothing without great fees . after which he summoning an assembly of the estates at medina , they refused to meet without the expresse command of the queen mother , who commanded them to assemble , and promised to be present , after this divers accords were made twixt him and his competitors ; and at last calling an assembly of the estates to assist him in his warres against the moors ; he soon after condemned two knights , called peter and iohn of caravajal , without any great proofs , for a murther , and caused them to be cast down headlong from the top of the rock of martos ; who professing their innocency at the execution , they adjourned the king to appear at the tribunall seat of almighty god within thirty dayes after , to answer for their unjust deaths ; who thereupon fell sick and died , leaving his son alphonso the , very young ; for whose regency there being great competition , the inhabitants of avila , and their bishop resolved , not to give the possession and government of the kings person to any one , that was not appointed by the assembly of the estates ; whereupon the estates assembling at palence , committed the government of his person to q. mary his grandmother and queen constance his mother ; who dying , another assembly of the estates was called at burgos , anno . who decreed , that the government of the king , and regencie of the realme should be reduced all into one body betwixt q mary , don pedro , and don iohn , and if any one of them should dye , it should remain to the two other that did survive , and to one if two dyed . after this , anno . these tutors and governours of the realme of castile were required by the estates in an assembly at carrion to give caution for their government , and to give an account what they had done . who often jarring and crossing one another ; divers assemblies of estates were oft called to accord them . anno . the estates assembling , appointed new governours of the king and realme , who discharging their trust very lewdely and oppressing the people , anno . they were discharged of their administration at a parliament held at vailledolet : in which the king did sweare , to observe the fundamentall lawes of the realme , and to administer justice , maintaining every one in his estate goods and honour : which done , the deputies of the estates swore him fealty . q this king afterwards proving very cruell and tyrannicall , his nobles and subjects oft times successively took up defensive armes against him , his tyranny augmenting their obstinancy , and procuring him still new troubles ; whereupon at last discerning his errours , he became more mild , and often assembled the estates in parliament , who gave him large subsidies to maintain his warres against the moores . r the province of alava had a custome to chuse a lord under the soveraignty of castile , who did govern and enjoy the revenues appointed by the lords of the countrey ; for the election of whom they were accustomed to assemble in the field of arriaga ; those of this election being called brethren , and the assembly of the brotherhood . notwithstanding in the yeer . the brotherhood and estates of this province sent to k. alphonso divers articles , which they beseeched him to confirme , promising for their part , that this should be their last assembly , and that the name and effect of their brotherhood should remain for ever extinct , and the province be for ever united to the crown of castile , if he would confirme those articles to them , being . in number , which he did . the chiefe were these , that the king nor his successors should not alien any place of his demesnes . that the gentlemen and their goods should be free and exempt from all subsidies as they had been heretofore . that they and others of the countrey should be governed according to the customes and rights of soportilla ; and that divers townes and villages therein specified should be free from all tributes and impositions . ſ about the yeer . mahumet king of granado , becomming casually blind , was soon after deposed by his own brother , and the great men of his realme , who were discontented and disliked to be governed by a blind king , who could not lead them to the warres in person . which kingdome went by election commonly , as is evident by his three next successours , and mahumet the sixth king of granado . t anno . lewes hutin was crowned king of navarre at pampelone , where he sware , to observe the lawes and rights of the realme . after which , anno . philip the long was elected by the estates of navarre to be their king in right of his wife , but it was upon conditions drawn in writing which they tendered to him and the queen to subscribe and sweare to , before the solemnities of their coronation , in the estates assembled at pampelone , which they yeelded willingly unto ; whereof the principall articles were these : . first , to the estates to maintain and keep the rights , lawes , customes , liberties , and priviledges of the realme , both written and not written , whereof they were in possession , to them and their successours for ever , and not to diminish , but rather augment them . . that they should disannull all that had been done to the preiudice thereof by the king● their predecessors , and by their ministers , without delay , notwithstanding any le● . . that for the tearme of . yeares to come they should not coyne any money , but such as was then currant within the realme , and that during their lives they should not coyne above one sort of money , and that they should distribute part of the revenues , profits and commodities of the realme unto the subiects . . that they should not receive into their service above foure strangers , but should imploy them of the countrey . . that the forts and garrison of the realme should be given unto gentlemen borne and dwelling in the countrey , and not to any stranger , who should do homage to the queen , and promise for to hold them for her , and for the lawfull heire of the countrey . . that they should not exchange , nor engage the realme for any other estate whatsoever . . that they should not sell nor engage any of the revenues of the crowne , neither should make any law nor statute against the realme , nor against them that should lawfully succeed therein . . that to the first sonne which god should give them , comming to the age of twenty yeares , they should leave the kingdome free and without factions , upon condition , that the estates should pay unto them for their expences an hundred thousand sanchets , or other french money equivalent . . that if god gave them no children , in that case they should leave the realme after them free with the forts , in the hands of the estates , to invest them to whom of right it should belong . . that if they inf●inge these articles or any part of them , the subiects should be quit of their oath of subiection which they ought them . these articles being promised and sworne by the king and queen , they were solemnly crowned , and the deputies of the estates , noblemen and officers of the crown took their obedience to them . r vpon this agreement , all the castles and places of strength in navarre were put into the hands of the estates , who committed them unto the custody of faithfull knights , in whose keeping they continued ; a catalogue of which castles with the names of the knights that guarded them , by the estates appointment , in the yeare . you may read at large in the generall history of spaine . before this x anno . the estates of navarre assembled at puenta la reyna , to resolve without any respect , to whom the realm of navarre belonged , whether to edward king of england , or to iane countesse of eureux . the estates being adjourned to pampalone , the chief town of the realme , their opinions were divers ; many holding that king edward should have the realm , as granchilde ( born of the daughter ) to queen iane , daughter to king henry , rather then the countesse of eureux , in regard of the sex ; others , with more reason , held for the countesse , who was in the same degree , but daughter to a son , and heir to queen iane. these prevailed , drawing the rest to their opinion ; whereupon the countesse was declared true and lawfull queen of navarre , the realm having been vacant above four moneths . and untill that she and count philip her husband should come and take possession of the realm , they declared the regent and viceroy don iohn corberan of leet , standard bearer of the realm , and iohn martines of medrado . lo here a parliament of the estates of navarre , summoned by themselves , without a king , determining the right of succession to the crown , appointing a vicegerent , and prescribing such an oath and articles to their king , as you heard before . y anno . king philip of navarre , to administer justice , erected a new court of parliament in navarre , which was called new , to distinguish it from the old ; he and the three estates of the realm naming men worthy of that charge . queen iane and philip deceasing , their son charles the second , surnamed the bad , for his crueltie and ill manners , was called by the three estates of navarre to pampelone , and there crowned in their assembly after the manner of his ancestors , swearing to observe the lawes and liberties of the country . after which a far * stricter oath was administred to charles the . an. . z anno . in a generall assembly of all the estates of arragon , don pedro son to the infant don alphonso , was sworn presumptive heir and successor to the crown , after the decease of his grandfather and father , the which was there decreed and practised , for that don pedro earl of ribagorca did maintain , that if his brother don alphonso should die before then father , the realm did belong to him by right of propriery , being the third brother , rather then to his nephew the son of the second brother . in this assembly the articles of the generall priviledges were confirmed , and it was ordained for a law , that no freeman should be put to the racke , and that confiscations should not be allowed , but in cases of coyning and high treason . a anno . alphonso king of castile , treacherously murthering don iohn the blinde , his kinsman , in his own court , when he had invited him to dinner on all saints day , and then condemning him for a traitor , confiscating his lands ( a fact unseemly for a king , who should be the mirrour of iustice : ) hereupon don iohn manuell stood upon his guard , fortified his castles , revolted from the king for this his treachery , allyed himself with the kings of arragon and granado , overran the countries of castile , from almanca unto pegnafield ; the prior of saint iohns , don fernand rodrigues , hereupon caused the cities of toro , zamora , and vailledolit , to rebell and shut their gates against the king ; and many others likewise revolted from him : at last he was forced to call an assembly of the estates , who gave him subsidies to ayde him in his wars against the moors ) and to conclude a peace with don manuel and his other discontented subjects ; whom he afterwards spoiling of their lawfull inheritances , and pursuing them in their honours and lives by tyrannous crueltie , extending his outragious disdain even to women of his own blood , he thereby so estranged most of his princes and nobles from him , that they revolted from him , and joyned with mahumet king of granado , and the moors in a warre against him , which lasted three or four yeers , putting him to infinite trouble , vexations and expences , enforcing him to make a dishonourable peace with the moors , to release the tribute which they payed him formerly ; and after much mediation he concluded a peace thorowout all the realm with his discontented subjects . this prince thinking to raign more securely , had taken a course of extream severity , shewing himself cruell and treacherous to his nobility , whereby he was feared , but withall he lost the love and respect of his subjects , so as he was no sooner freed from one danger , but he fell into another worse then the first , his nobles holding this for a maxime , that a tyrant being offended will at some time revenge himself , and therefore they must not trust him upon any reconciliation , who to pacifie the troubles which had grown by his own errour , had made no difficulty to sacrifice ( upon the peoples spleen ) his own mignions , degrading , and in the end murthering , condemning them as traitors after their death , yea , the princes of his own blood , taking their goods , estates , and depriving the lawfull heirs , seeking to reign over free men , and generous spirits as over beasts , entreating them as base and effeminate slaves , who might not speak their opinions freely in matters of state and government , of which they were held dead members and without feeling . whereupon d. manuel and other nobles , as men endued with understanding , reason , and not forgetting the nature of alphonso , who was proud , a contemner of all laws , and treacherous , they proceeded so farre as to withdraw themselves from his subjection by protestation and publike act , and entred into a league with the king of portugall , incensing him to take up arms for their defence : where upon king alphonso having some feeling , that cruelty was too violent remedy for men that were nobly borne , he sought by all milde and courteous meanes to divide them , and to draw some of them to his service , which he effected , and so more easily conquered , and reduced their companions . b an. . was founded the town of alegria of dulanci , in the province of alava , and many villages thereabout , the which obtained from the king the priviledges and lawes of the realm , whereby the inhabitants should govern themselves , with libertie to chuse their own iudges . c don pedro the first , king of castile , surnamed the cruell , most tyrannically murthering and poysoning divers of his nobles and subjects without cause , banishing others , quitting blanch his espoused wife within three dayes after his marriage , to enjoy the unchaste love of donna maria de paedilla , by whom hee was inchanted , which much troubled the whole court ; divorcing himselfe without colour , by the advice onely of two bishops , without the popes assent , from blanch , and marrying jane of castro in her life time ; hanging up divers burgesses of toledo causlesly , for taking the queens part too openly , and among others a goldsmiths sonne , who offred to be hanged to save his fathers life ; causing his own brother don frederick , and divers nobles else to be suddenly slain , anno . poysoning and murdering likewise divers noble ladies , among others don leonora his own aunt ; after which anno he murthering two more of his own brethren , executing divers clergy men , and knights of castle , banishing the archbishop of toledo , putting divers jews ( as samuel levy his high treasurer , with his whole family ) to death , to gain their estates and causing his own queen blanch to be poysoned , after she had long been kept prisoner by him . anno . hereupon his cruelties , rapines and murders growing excessive , and the popes legat denouncing him an utter enemy to god and man , henry earle of transtamara , his brother , with other fugitives getting ayde from the king of navarre , entred castile with an army , where by the nobles importunity he tooke upon him the title of king of castile and leon ; which done , the whole kingdom ( long oppressed with d. pedro his tyranny ) immediately revolted from him , so that in few dayes henry found himselfe king of a mighty great kingdom , almost without striking stroke , the people striving who should first receive him , such was their hatred to the tyrant pedro : who being doubtfull what to doe , fled with two and twenty ships out of his realme to bayon , craving ayde of the english to revest him in his kingdom ; mean time king henry assembling the estates at burgon , they granted him the tenth penny of all the merchandize they should sell in the realm , to maintaine the warres against pedro ; who getting ayde from the english upon conditions , accompanied with the valiant black * prince of wales , entred with a great army into spain , where the prince writing to henry , voluntarily to resign the crown to pedro his brother , to avoyd the effusion of christian blood ; he made answer , that he could not hearken to any accord with him , who had against the law of nature taken delight to murther so many of the blood royall and other great personages of castile , who had no respect of the lawes of the countrey , and much lesse of god , falsifying his oathes and promises , having no other rule in his actions , but his tyrannous passions . whereupon , battell being joyned , henry was conquered , and pedro restored ; but hee discontenting the english and others , who had reseated him in his kingdome , by his insolency and tyranny , and the biscaniers refusing to be under the command of strangers , whom they would never consent to be put in possession of their countrey ; and withall falling to his former cruelties , and courses contrary to the advice of his friends and astrologers ; he so estranged the hearts of all from him , that the english returning , and henry receiving new forces from the french , entred castile , suddenly , and conquered the tyrant ; who being betrayed into king henry his hands as hee was taking his flight by night , king henry stabbed him with dagger in the face , and at last getting him under him , slew him with his dagger for his excesse and tyranny , anno . and raigned quietly in his steed . i might prosecute and draw down the histories of all the spanish kings and kingdomes from his dayes till this present , which are full fraught with presidents of this nature , to prove all the kings of spaine inferiour to their kingdomes , assemblies of the estates , lawes , resistible , deprivable for their tyrannyes ; but because those who desire satisfaction in this kinde , may read the histories themselves more largely in the generall history of spain , in joannis pistorius , his hispaniae illustratae , ( where all their chiefe historians are collected into severall volumnes : ) and in meteranus and grimstons histories of the netherlands : i shall for brevity sake pretermit them altogether , concluding with one or two briefe observations more touching the gothish and arragonian kings in spaine , which will give great light and confirmation to the premises . first , for the antient kings of the gothes in spain , b aimoinius , c and hugo grotius out of him , confesse ; that they received the kingdom from the people , revocable by them at any time ; and that the people might depose them as often as they displeased them ; and therefore their acts might be rescinded and nulled by the people who gave them only a revocable power : which the premised histories experimentally evidence : such likewise were the kings of the vandales , removable at the peoples pleasure as procopius writes : such the kings of the e heruli , f quadi , iazyges , g lombardes , h burgundians i moldavians , k africans , the l moores in spaine , the m two annuall kings of carthage , the n antient germane kings the kings of sparta ; and most other kings of greece , as historians and authors of best credite relate . secondly , for the kings of arragon , and originall constitution of the kingdom , i find this memorable passage in hieronymus blanca his rerum arragonensium commentarius , pag. . . . & ● . . in the third tom , of ioannis pistorius his hispaniae illustratae , sancho the fourth king of arragon dying without issue , the estates and people advising together what course they should take for their security and future good administration of the common-weale , about the year of our lord , . elected twelve principall men to whom they committed the care and government of the republike during the inter-regnum these because they were very ancient men , were called elders , from whence those who by birth are stiled rici-men , drew their originall ; and this manner of governing the common-wealth continued long : but the great incursions of the arabians pressing them , they imagined it would not continue firme and stable : yet notwithstanding , taken with the sweetnesse of liberty , they feared to subject themselves to the empire of one man ; because verily they beleeved that servitude would proceed from thence . therefore having considered and rightly pondered all things , and reasons , they made this the result of all their counsels ; that they should consult with pope adrian the second , and the lombards ; what course they should take by their advise , which should be most meet for the perpetuating of the empire : to whom , as reports goe , they returned this answer . that preordaining certaine rights and lawes , ratified with the previous religion of a cautionary oath , they should set up one king over them ; but yet should reject a forraign dominion ; and that they should take heed , that he whom they adopted to be king , should be neither of the superiours , nor inferiours ; lest , if superiour he should oppresse inferiours , or lest , if inferiour , hee should be derided by superiours ; to which counsell and sentence they submitting , founded that ancient suprarbian court : for according to the answer given , all decreed , that they ought to elect one man excelling in vertue for their king ; but yet , lest the pleasure of kings , like as in other princes , should likewise even among us become lawes , they first of all enacted some lawes by which they might heale this inconvenience . these lawes they afterward called the suprarbian court , which we should largely prosecute , but through the injury of time , the knowledge of them is buried , and some fragments of them only are extant , observed by prince charles himselfe , and some other writers , which we shall verily remember ; because they are as the first elements of our republike , and containe in them , the institution of the magistrate of the iustice of arragon , which is the chiefe thing of our institution ; therefore in the beginning of that court it was provided , that the king which should be , since the kingdom , lately taken from the moores , was freely and voluntarily conferred on him , should be bound both by the religion of an oath , as likewise by the force and power of lawes , to observe the lawes and liberties of the kingdom ; now the lawes were these , governe thou the kingdome in peace and righteousnesse , and give us better courts of justice . the things which shall bee gained from the moores , let them be devided not only between the rich-men , but likewise between the souldiers and infantry ; but let a stranger receive nothing from thence . let it bee unlawfull ( or a wicked act ) for the king to enact lawes , unlesse it be by the advice of his subjects first given . let the king beware , that he begin no warre , that he enter into no peace , conclude no truce , or handle any other thing of great moment , without the concurring assent of the elders . now lest that our lawes or liberties should suffer any detriment , let there be a certain middle judge at hand , to whom it may be lawfull to appeal from the king , if he shall wrong any one , and who may repell injuries , if peradventure he shall offer any to the common-weale . with these lawes therefore and sanctions , those our ancestors confirmed the enterprise of new moulding and reforming the common-wealth : but verily this was the chiefest garison for to retaine their liberty , whereby they ordained the presidentship of a middle iudge ; placing the power in such sort in the king , that the temperating of it should be in the middle iudge : out of which things , the moderate and musicall state of the common-weale which we enjoy , is moulded and made up . for from the very beginning of things even to these later times , wee see by force of this intermediate magistrate , and by the goodnesse and clemency of most peaceable kings , that both our pristine liberty , and ancient priviledge hath been alwayes retained , and due loyalty and reverence to the kings majesty , observed : neither hath the kingdome onely emplored the help of this magistrate against kings , but the kings themselves oft-times against the kingdome ; by which meanes , many intestine evils have been appeased without any tumult , which unlesse they had been civilly suppressed , seemed verily to have been likely to have broken out to the common destruction of all men ; so as we may rightly affirm , that in this alone , the summe of preserving civill concord both to kings and the kingdome hath consisted . this magistrate was at first called the iustice maior ; afterwards assuming the name of the kingdome it selfe , it was called the iustice of aragon : by these ( formentioned ) prescribed lawes , the will of him who desired to be king of aragon , was wholy to bee directed and formed ; and unlesse he would first suffer his faith to bee obliged in most strick bonds for keeping of them , any future soliciting was to be preposterous . having therefore laid the foundations of their countreys liberty , all of them began to dispute among themselves about electing a king : to which end , they all assembled together at arahvest to chuse a king ; where they were suddenly besieged by the arabians : which junicus arista king of the pompelonians hearing of , came with an army and rescued them ; whereupon they elected him for their king with unanimous consent , and calling him unto them , shewed him the lawes they had pre-established ; one whereof , concerning the middle magistrate , seemed most hard unto him : but having more deligently considered the matter , and that they voluntarily offered him the kingdome gained from the enemies ; hee not only ratified the lawes themselves , but likewise added this new law , or priviledge to them : * that if the kingdome should happen hereafter to bee oppressed by him against the lawes , ( iustice ) or liberties , the kingdome it selfe should have free liberty to elect another king , whether a christian or an infidell ; which clause of an infidell king , they refused to have bestowed on them , because they judged it shamefull and dishonourable : after which iunicus taking an oath to observe the former lawes , was advanced to the throne and made king of aragon about the year . moreover , to establish all these lawes and constitutions , our ancestors themselves adjoyned the accession of a publike vnion ; ordaining , that it should be lawfull and just for them , to meet all together , et re 〈◊〉 obsistere armis et vi , and to resist the king with armes and force , as oft as there should be need to propulse any assault of him or his , made against the lawes ; which form of assembling together for the common cause of liberty , they called a vnion ; ( or association : ) neither did they anciently lesse think all their liberties to be preserved by this vnion , then humane bodies themselves are by nervs and bones . and although it were not prescribed in that suprarbian forum , yet they thought it deduced from the very beginnings of things , and deeply fixed and impressed in the sense of all men , and to be established by our common law , as by another law of nature , and that its force was enough and more then sufficiently known and discerned by use and reason . for they said , it would be but a thing of little profit for them , to have good lawes enacted , and the very iudiciary presidentship of a middle iudge , if when there should be need , ad earvm defensionem arma capere non liceret , cum jam tunc satis non esset pugnare consilliis ; it should not be lawfull for them to take up armes in their defence , when as then it would not be sufficient in such a case to fight with counsells . neither verily did that seem altogether impertinent from the matter , for if it should be so , all things long ere this had been in the power of kings themselves . whence our people reputed these two priviledges of the union obtained from alphonso the . ( to wit , r that it shal be lawfull for the estates of the realm , if the king shall violate the lawes of the countrey , to create a new king in his place ; and without the crime of treason , to make confederacies among themselves , and with neighbour princes to defend their liberty ; which king ferdinand , upon the petition of the castilians , refused to revoke , because he had taken a solemn oath to observe them . ) not as new favours or benefits , but as things done out of office , &c. therefore in those ancient rulers of which we treat , the liberty of our country was hedged about by our ancestors with three most strong fences ; namely , with the prefecture of this middle iudge , with the most ample power of the rici-men ( or palatines ) and with this most fierce force of the vnion ; of which the first seemed to be legal and civill ; the other domesticall and of greatest moment ; the last warlike and popular . neither ought it then to be inclosed with a lesser hedge , that so we might rejoyce , that it hath therby come safe & sound to us now . but of these garrisons or fences the ancient inventers of them , and those who next succeeded them , conferred more assistance and labour upon the two last , namely the domestick and popular , then on that court presidentship : for they would alwayes retain in themselves a power of moderating and governing the most loose reines of the royall dignity , which they might restrain or enlarges as there was need . ſ the fore they assigned those elders to him elected out of the greatest men , by whose counsels the kings ought to be hedged in on every side : the place of which elders , the rici-men afterwards possessed ; who were the chiefe of our nobles ; who in times past were second to the kings in such sort , that they might seem to be their peers and companions . these called that publike union to the ayde of liberty , and out of them were chosen those who should alwayes be the prime and principall conservators of it : for thus they called the presidents of the vnion . finally , they sustained on their necks all the offices and burdens of peace and warre , if not with the same power as the kings , yet i may truly say with very little lesse ; for the rici-men , as long as they flourished , relying on the forces of the vnion , did alwayes hover over the royall empire , and by the intire power of their offices , if the violence or assaults of kings were unjust , did from inordinate reduce them into order , and as it were into a circle of law and iustice . in which thing verily their grave censorious and domesticall authority had sufficient tight and moment with our ancient kings , who were well mannered : but if peradventure they could not with their fitting counsels bridle the exulting royall forces , they did constantly repell them from their necks with the force of the raised vnion . thus and much more this spanish author , in whom you may read at large the power and authority of the iustice of arragon , of the generall assembly of the estates or parliaments of that kingdom , of their rici men , peeres , magistrates , councellors , and in ioannis de laet. his descriptio hispaniae , cap. . cite . ioannis mari. and de rebus hisp . l. . c. . & gen. hist . of spain , l. . p. . to which i shall onely adde this most notable custome and ceremony used at the coronation of the kings of arragon , recorded ( r ) by iunius brutus , ( r ) franciscus hotomanus , and others . the arrogonians when as they create and crown their king in the assembly of the estates ( or parliament ) of arragon , to put the king in mind , that the lawes , the iustice of arragon , and assembly of estates are above him , act a kind of play that he may remember it the better : they bring in a man on whom they impose the name of the iustice of arragon , whom by the common decree of the people , they enact to be greater and more powerfull then the king : to whom , sitting in an higher place , they make the king doe homage ; and then having created the king upon certain lawes and conditions , they speake unto him in these words , which shew the excellent and singular fortitude of that nation in bridling their kings : nos qvi valemos tanto come vos , y podemos mas qve vos , vos elegimos rey , con est as y est as conditiones intra vos y nos vn qve manda mas qve vos : that is , we who are as great as you , and are able to doe more then you , have chosen you king upon these and these conditions : between you and us there is one greater in command then you ; to wit , the iustice of arragon ; which ceremony ( lest the king should forget it ) is every three yeares repeated in the generall assembly of the states of arragon ; which assembly the king is bound by law to assemble , it being a part of the very law of nations , which sacred liberty of parliaments , and assemblies if any kings by evill arts restrain or suppresse , as violaters of the law of nations , and void of humane society , they are no more to be reputed kings , but tyrants , as hotoman hence determines . i have now given you some what an over large account of the two * greatest and most absolute hereditary kings in christendom , france and spain , and , proved them to be inferiour to the lawes , parliaments , kingdomes , people , out of their owne authors and historians : in which points , if any desire further satisfaction , i shall advise them to read but junius brutus his vindiciae contra tyrannos , de jure magistratus in ●ubditos , and francisci hotomani his franco-gallia ; and controvers . illust . for france : ioannis mariana , de rege & regum instit . l. . with his history of spain , hieronimus blanca , rerum arragonensium commentarius , ioannis 〈◊〉 laet hispaniae descrip . c. . & vasquius , contr. illust . for spain , at their leisure , and then both their judgements and consciences will be abundantly satisfied herein . i shall now very cursorily run over other forraigne kings and kingdoms of lesse power and soveraignty with as much brevity as may be . for the kings of hungary , bohemia , poland , denmarke , sweden , as they have been usually , and are at this day for the most part , not hereditary , but meerly ellective by the nobles and people ; so their lawes , which they take an oath inviolably to observe , and their parliaments , nobles , people , are in soveraigne power and jurisdiction paramount them , as much almost ( if not altogether ) as the state of venice is above their duke or the states of the low countries superiour to the prince of orange ; and may upon just occasion not onely forcibly resist them with arms , but likewise depose ( if not adjudge them unto death ) for their tyranny , as v iohn bodin , the histories of hungary , poland , bohemia , denmarke , sweden , iunius brutus , de iure magistratus in subditos , munster in his cosmography , and those who have compiled the republikes of these realmes attest ; who further evidence , that most of these realms have sometimes elected them kings , other times onely dukes , and made their republikes , principalitis , dukedoms or kingdomes at their pleasure . to give onely some briefe touches concerning these realmes and their kings . hungary . the kings of hungary are meerly elective by the states and senators , in their parliaments or assemblies of the estates , without whom they can neither make lawes , impose taxes , leavie warre , nor conclude peace ; and the grand officer of the realme , to wit the great palatine of hungary ( who hath the chiefe command both in peace and warre , and power to judge the king himselfe in some cases ) is elected onely in and by their parliaments , as the x marginall writers manifest at large . for their realms and peoples deportment towards their ill kings ( since they became christians ) when they have degenerated into tyrants , and otherwise misdemeaned themselves ; take this briefe epitome . peter the second christian king of hungary , growing very insolent , tyrannicall , and lascivious , ravishing maids , matrons ; in the third year of his reign all the nobles and people thereupon conspiring together , deposed and banished him the realme , electing alba in his place ; who growing more insolent and tyrannicall then peter , was in the third year of his reign slaine in warre , and peter restored to the crown : who proceeding in his tyrannies , sacriledge , and cruelty , he was the third year after his restitution , taken prisoner by his subjects , his eyes put out , and imprisoned till he dy●d . solomon the fift king of hungary , was twice deposed and thrust out of his kingdom , first by king bela , next by king gysa , elected kings by the peoples generall consent and acclamation ; after whose death the hungarians refused to restore solomon , and elected ladislaus for their king ; whereupon solomon became an hermite , and so dyed . ladislaus dying , left two sons , almus the younger , whom they elected king and coloman the eldest , to whom almus out of simplicity surrendred the crown , because he was the elder brother , whom he would not deprive of his primogeniture ; but repenting afterwards , by the instigation of some of his friends , he raised warre against his brother : but the hungarians to prevent a civill warre and effusion of blood , decreed , that these two brethren should fight it out between them in a single duell , and he who conquered in the duell , they would repute their king ; which combate coloman being purblinde , lame and crookback'd , refused ; after which coloman treacherously surprising his brother almus , contrary to agreement , put out his and bela his sonnes eyes , and thrust them into a monastery . king stephen the second sonne of coloman , refusing to marry a wife , and following harlots , the barons and nobles grieving at the desolation of the kingdome , provided him a wife of a noble family , and caused him to marry her . after which making a war to aid duk-bezen z without his nobles consent in which bezen was slaine : the nobles of hungary assembling themselves together in councell , sayd : why , and wherefore dye we ? if we shall claime the dukedome , which of us will the king make duke ? therefore let it be decreed that none of us will assault the castle , and so let us tell the king , because he doth all this without the councell of his nobles : they did so , and added further , that if he would assault the castle , he should doe it alone ; but we ( say they ) will returne unto hungary and chuse another king. whereupon , by the command of the princes , the heraulds proclaimed in the tents , that all the hungarians should speedily returne into hungary : wherefore the king when he saw himselfe justly deserted of his subjects ayde , returned into hungary . stephen the third comming to the crowne , did nothing without the authoritie and advise of the senate . stephen the fourth sonne of bela usurping the crowne , was soone after expelled the kingdome . emericus being elected king , was very likely to be depriued by the nobles and people for his sloathfulnesse , but that he appeased them with good words and promises . king andrew going to jerusalem , his queene , elizabeth , in the meane time delivered the wife of bauchan a nobleman , being very beautifull to her brother who doated on her , to be abused , which bauchan hearing of , slew the queene : the king upon his returne examining this businesse , acquitted bauchan , and judged her murther just , being for so lewd a fact . ladislaus the fourth , giving himselfe to all effaeminacy , luxury , and harlots , became odious to his barons , nobles , people , for which he was excommunicated by firmanus the popes legat , that he might live christianly and chastly ; but he reforming not , was soone after ( in the yeere ● . ) slaine by the cumans and his kingdome infested with civill warres . mary the daughter of k. lewes , being received as queene by the hungarians for her fathers merits , after his decease , being yet young , was married to sigismond , who was admitted into partnership in the government of the realme , and being governed by her mother and nicholas de gara , who perswaded them to carry a strict hand over the nobles of the realme , which they did : thereupon the nobles seeing themselves despised , sent for charles king of naples into hungary ; forced mary and her mother to resigne their rights to the crowne , and crowned charles king at alba regalis . when he was crowned the bishop of strigonium , according to the custome , demanded of the people thrice , with alowd voyce ; whether it were their pleasure that charles should be crowned king ? who answered , yes : which done he was crowned , and soone after murthered by the two queenes treachery ; who were shortly after taken prisoners by iohn de horrach , governour of croatia ; the queen mother elizabeth drowned , queen mary kept prisoner , and at last released upon oath given , not to revenge her mothers death : who contrary to her oath caused hornach , and . nobles more to be beheaded by sigismond her husband , whose kindred and children thereupon conspired against king sigismond , tooke and detained him prisoner anno. . till they should proceede further against him , and in the meane time the nobles of hungary elected ladislaus king of apulia for their king , and at last deposed sigismond for his misgovernment , cruelty , love of women . after a sigismonds death , the nobles and people were divided in the choise of their king ; one part electing and crowning vladislaus king of poland , the other party ladislaus an infant , for their king : but vladislaus his party prevailing , he was not long after slaine in a battle against the turkes ; and the government of the realme committed to that noble souldier huniades , during the minority of ladislaus , who at his ripe age , was received and declared king by all the hungarians . ladislaus deceasing , the hungarians elected the emperour frederick king , who delaying to come and take the election , they thereupon chose mathias king , who enjoyed the dignity , notwithstanding the emperours opposition . anno. . mathias king of hungary denyed the protestants in b austria free exercise of their religion , they thereupon were forced to take up armes , and assembling together at horne made a protestation , and sent to the states of hungary requiring them to assist them with the succours that were promised by the offensive and defensive league : after which they obtained a peace , and part of what they demanded . c anno . in an assembly of the estates of hungary , the differences concerning the defence and militia in the borders of hungary against the turke were ordered and setled . and d an. . after many slow proceedings , they elected ferdinand of bohemia for their king of hungary ; but with these conditions , that he should religiously observe , and cause to be immovably observed all the liberties , immunities , priviledges , statutes , rights and customes of the kingdome , with the conclusions and freaties of vienna , and all the articles comprehended therein , and all other concluded both before and after the coronation of the emperours majestie , in the yeares . and . which articles being ratified by the emperour under his letters patents , they proceeded to the coronation , according to the accustomed manner . such is the soveraigne power of the states of hungary to this very day . and in one word , so odious were e tyrants anciently to the slavonians and hungarians , that by a publick law of their ancestors , he who slew a tyrannicall king , was to succeede him in the kingdome . bohemia . for the kings and kingdome of bohemia , m. paulus stranskius in his respublica bohemiae . c. & . informes us out of the fundamentall lawes of bohemia f that the power of the kings of bohemia , who are elected by the generall votes of the states , is so farre restrained in that realme , that they can determine nothing concerning the kingdome or great affaires of the realme , but in their parliaments , or generall assemblies of the estates , by the generall consent of the people ; which are summoned by the king himself and held ( just like our parliaments ) in the kings regency , and during the interregnum by the senate of the realme , as often as there is occasion ; there being this clause in the writ of summons ; that whether all those who are sommoned come at the day or not , the king with those who appeare , will proceed to decree what shall be just and beneficall for the republicke , and that those who neglect to appeare shall be bound thereby ; all lawes and acts are therein passed by publicke consent . the king cannot alien or morgage any of the crown lands , nor release not diminish the revenue : & liberties of the realm , nor promote any strangers to the custodies of castles or publicke functions ; impose no taxes , charges ; nor altar the ancient manner of the militia of the realm , nor make warre or peace , without the parliaments advise and consent . and f before the king is crowned , the burgrave and nobles , in the name of all the realme , demand of him to confirm and ratifie both with his especiall charter , and publick oath , the ancient and laudable priviledges , immunities , liberties , rights , laws , customes , and institutions , as well private as publicke , of all and singular the inhabitants of the realme , and to governe them according to the rule of the lawes after the example of his predecessors kings of bohemia . which done , he seales and delivers them a speciall charter , takes such a solemne oath , and then is crowned upon these conditions . the g arch-bishop of prague after the letany ended , demands of the king , kneeling on his knees : wilt thou keepe the holy faith delivered to thee from catholick men , and observe it in just workes ? he answering , i will : he proceedes , and saith : wilt thou governe and defend the kingdome granted thee from god , according to the justice of thy fathers ? he answeres , i will , and by gods assistance promise that i will doe and performe it by all mean●s . after this kneeling on his knees , the arch-bishop holding the new testament open , and the burgrave reading the words first ; the king takes this oath in the bohemian tongue . we sweare to god ( the mother of god and all saints ) upon this holy gospell , that we will and ought to keepe immovably to the barons , knights , and nobles , also to those of prague and the other cities , and to all the commonalty of the realme of bohemia , the institutions , lawes , priviledges , exemptions , liberties , and rights , and also the ancient , good and laudable customes of the realme ; * and not to alienate or morgage any thing from the same kingdome of bohemia , but rather to our power to augment and enlarge it ; and to doe all things which may be good and honourable to that kingdome : so helpe me god ( touching the booke with two of the fingers of his right hand ) and all saints . ( the kings of navarre take the like oath . ) how h this realme hath beene altered from a principality to a dukedome , and from it againe to a kingdome , having sometimes kings , sometimes dukes , both elected by the free choyse of the estates , to whom they were inferiour in soveraigne power , accountable for their mis-government , and removeable from their throne : you may read in the h marginall authors . not to mention the bohemians deposition of libussa a noble virago , who governed them for a season , reputing it a dishonour to the nation to be ruled by a woman , and electing przemys●●s for their prince ; their deposition and banishment of prince borzinegius , because he became a christian , and renounced their pagan religion , though they afterwards twice restored him : of boleslaus rufus , of borzinogius the . thrice deposed banished by the nobles and people , or sobe●slaus , and other princes . wladislaus first king of bohemia in his old age , by the assent of the estates associated his sonne frederick ( anno ) with him in the regality . henry king of bohemia using the councell of the germans rather then the bohemians , and looking more after his owne private gaine then the kingdomes , was deposed in a generall assembly of the estates anno . and the sonne of the emperour henry the th . chosen king , upon this condition , if he would marry the youngest daughter of king winceslaus . king wenceslaus the drunken , for his drunkennesse , negligence and cruelty , was twice imprisoned and severely handled by his nobles , and upon promise of amendment , restored to his liberty and dignity : in his and sigismond his successors raigns * zizca and the taborites in defence of their religion against the popish party , who most unjustly against their promise and safe conduct , caused john hus , and jerome of prague to be put to death , waged great warres and obtained many victories against the king and emperour , and gained free liberty of professing their religion publickely much against the popes good will ; which liberty they have ever since maintained by the sword , both against the popish emperours and kings , by meanes of which civill wars , the kingdome suffered some interregnums . during the minority of king ●c ladislaus , anno . this kingdome was governed by two presidents , appointed by the estates . i anno . the emperour rodulph being willing to settle the kingdome of bohemia on his brother matthias in an assembly of the states of bohemia called for that purpose , the estates thereupon drew many articles which matthias was to sweare to , before his coronation , with . articles of complaints and grievances for which they craved redresse : and the inhabitants of prague required the confirmation of . articles , which concerned the private government of their city : all which the emperour and matthias were constrained to grant and sweare to , before they would admit matthias to be their king ; who had nothing in a manner but the title , some of the flowers of the liberty of the crowne , being parted with by his assenting to these articles . k anno . matthias resigning the crowne of bohemia , and renouncing his right thereunto , recommended ferdinand arch. duke of austria , to them or his successour . the states would not admit him king but upon conditions , the which if he should infringe , the states should not be bound to yeeld him obedience . moreover it was added , that he should confirm : to the states before his coronation , to maintaine all the priviledges , charters , immunities , municipall rights , constitutions and customes , of the realme and people , as the emperour and his predecessors had done , by his oath , and charter in writing . all which assented to , he was proclaimed and crowned king . soone after the arch-bishop of prague causing some of the protestant churches to be ruined , and those who complained of it to be put in prison ; and plotting the extirpation of the protestant religion , through the iesuites instigation , contrary to their liberties and the provinciall constitution ; hereupon the protestant states of bohemia assembled at prague , fortified the towne , binding the three townes of prague to them by an oath ; entred into a solemne league , promising to fight against the common enemies of god , the king and religion , and in that cause to live and dye : to which end they levyed a great army ; banishing the jesuites out of bohemia , as the authors of all the miseries which had hapned in that realme , and many other realmes and states of christendome , and inciting murderers to kill kings who would not live after their manner , and medling with affaires of state , and who had drawne the whole country into the hands of certaine perfidious catholickes , by whose practises the country was in danger of ruine . for which causes they banished them for ever out of the realme of bohemia , enjoyning them to depart within dayes , never to returne . after this , the protestants hearing that the emperour and popish party raised forces against them , possessed themselves of many townes and places within the realme , and raised two armies ; all the protestant princes and states of germany . morauia and silesia ( except the elector of saxony ) assisted them with men , money or councell , publishing a declaration to justifie their action , being for the common cause of religion , the● endangered . the prince of orange and states of the united provinces promised them assistance of men and money , other protestant princes and the protestant states of lower austria , did the like . the protestant armies after this had many victorious incounters with the imperialists and popish forces , and took many towns. king ferdinand in the meane time , being newly chosen emperour , the states of bohemia being assembled together at prague , which the deputies of the incorporated provinces , anno. . concluded and protested by oath , never to acknowledge ferdinard for their king who had violated his first covenants ; resolving to proceede to a new election ; and on the . of august elected fredericke the prince electer palatine of reine to be their king ; who accepted the dignity , & was afterward crowned king accordingly . after which the states of bohemia in sundry declarations justified their rejection of ferdinand , their election of frederick , and his title to be just and lawfull , with their preceedent and subsequent warres in defence of religion . yea fredericke himselfe by sundry declarations maintained his own title : and the lawfulnes of these wars ; which passages and proceedings being yet fresh in memory , and at large related by grimston in his m imperiall history , i shall forbear to mention them . by this briefe account , you may easily discerne the soveraigne power of the realm and states of bohemia over their kings and princes , most of the n great offices of which realme are hereditary , and not disposable by the king , but states who elect their kings themselves , and their greatest officers too . poland . for the kings and kingdome of poland . o martinus chromerus in his polonia lib. . de republica et magistratibus poloniae , informes us ; that the princes and dukes of poland , before it was advanced unto a kingdome , and the kings of it ever since it became a realme , were alwaies elected by the chiefest nobles and states , unanimous suffrages ; that after the kings of poland became christians , their power began to bee more restrained then it was at first , the clergy being wholly exempt from their royall iurisdiction : that the king cannot judge of the life or fame of a knight ( unlesse in some speciall cases ) without it be in the assembly of the estates with the senate , nor yet publickly make warre or peace with any , nor impose taxes or tributes or new customes , nor alienate any of the goods of the realme , nor yet doe or decree any greater thing pertaining to the common-wealth without the senate or parliaments assent . neither can hee make new lawes , nor publickly command money in an extraordinary manner , nor coine money , nor nominate a successor not with the senate , without the consent of the nobility , whether of knights or gentlemens order ; by , or out of whom all publicke magistrates and senators almost are chosen : so as now the summe or chiefest power of the republicke is residing in them . so that the kingdome and republicke of the polonians doth not much differ in reason from that of the laced●monians in ancient times , and of the venetians now . an oath is exacted of the new king when he is crowned , to this effect . that he shall raigne according to the lawes and institutes of his predecessors ; and will safely conserve to every order and man his right , priviledge , and benefit , confirmed by former kings ; nor will he diminish any of the borders or goods of the realme , but will according to his power recover those that are lost from others : after all which the senate sweare fealty to him , &c. the revenues , tributes , and customes of the king are all reduced to a certainty ; the nobles & clergie are exempted from taxes . the king by the lawes of king alexander , is prohibited to alien to any one the lands of the crowne . no new lawes can be made , nor old ones repealed but by the king , senate and nobles assembled in parliament . and because there is wont to be in highest power , a slippery and ready degree to tyrannie , certaine senators and councellours are adjoyned to the king , who may direct his councells and actions to the safety of the common-wealth , and his judgments according to the rule of justice and equitie , and with their wholsome monitions and councells , may as there shall be occasion , as it were with certaine living lawes , both informe his minde and moderate his power . this royall senate , much greater now then in times past , consists of a certaine number of men , which wee call the senators or councellours of the realme ; who are not admitted to the councell without an oath : and this office is perpetuall during life , having certaine honours and magistracies thereto annexed , partly ecclesiasticall , partly civill ; it consists of . persons in all , some of them bishops , others palatines , knights , castellanes , and other officers of the realme . the chancellor of the realme may signe many things without the kings privitie , and may deny to seale those things which are contrary to law , though the king command them . most of the great officers and magistrates are chosen in parliament , and cannot be displaced but in parliament , and that for some great offence . their parliaments or generall assemblies of the states are held ( much like ours ) once every yeare at least , and some times every fift or sixth moneth , if there be occasion ; and then they are kept constantly at one place , to wit at petricow , or warsavia in the midst of the kingdome , unlesse it be upon some extraordinary just occasion , and then the king by advice of this councel may sommon the parliament at another place . it is provided by a law within these . yeares ; that it shall not be lawfull to the king to make a warre without the assent of his parliament and great councell ; and that the nobles as oft as there is occasion , shall at their owne costs without wages defend the borders of the realme , yet not without the king , unlesse it be during the interregnum ; but they may not be compelled to goe out of the realme to any forraigne warre without wages : the souldiers wages are reduced to a certainety , and asseased by publicke consent in parliament , which orders all military and civill affaires . so cromerus . for their carriage towards their ill kings , i shall give you onely a short account . p miesco their second king , being unfit to governe , a man given wholly to his belly , ease , sleepe , pleasure , and governed by his queene , thereupon most of his subjects revolted from him ; and he dying , the polonians at first for many yeares , refused to chuse cazimirus his son king , least he should follow his fathers step ▪ till at last after a long interregnum , when he had turned monke , they elected him king. boleslaus his sonne , a man of a dissolute life , given to lust , and the p●st of the realme , was excommunicated by the bishop of cracow for his wickednes ; for which cause he slew him : whereupon the pope deprived him , and poland of the crowne , and absolved his subjects from their obedience to him , who expelled and forced him to flee out of the realme into hungary , where he became mad and died . my●zlaus the . king of poland , exercising tyranny every where upon his people by reason of his power and allies , was deposed by his subjects , and caz●mi●us elected king in his stead ; he was three or foure times deposed ●nd put by the crowne ; boleslaus who succeeded henry , was deprived of the monarchy ; henry was surprised and most strictly imprisoned . boleslaus was slaine by his nobles ; and vladislaus locktect , elected king in his stead , ravishing virgins , matrons , and not reforming things according to promise ; the nobles hereupon assembling together an . abrogated his election , as pernicious and chose wenceslaus king of bohemia , king in his place : and not to recite more ancient histories of such like nature , q king henry the third of poland was elected and sworne king upon conditions which he was to performe anno . after which he secretly departing out of poland , without the assent of the nobles , to take possession of the crowne of france , within . monthes after his coronation in poland : the polonians sent messengers after him to f●rrara , june . . who denounced to him , that unlesse he returned into poland before the . of may following , they would depose him , and elect another king : which he neglecting , they in a generall assembly of the estates at warsauia , deprived him of the crowne , and elected a new king : the chancellor and greatest part of the counsellers elected maximilian the emperour ; some others , with the greater part of the nobility , desiring to have one of the polish blood , elected anno sister of their deceased king sigismund , giving her for husband stephen battery prince of transylvania , and proclaimed him king. the emperour making mary delayes , stephen in the meane time enters poland , marrieth anne , and is crowned king by generall consent , february . . who tooke this memorable coronation oath prescribed to him by the nobles . i stephen by the grace of god elected king of poland , great duke of lithunia , &c. promise and sacredly sweare to almighty god , upon these holy evangelists of iesus christ , that i will hold , observe , deford and fulfill in al. conditions , criticles , and points therein expressed all rights , liberties , securities , priviledges publike and private , not contrary to the common law , and liberties of both nations , justly and lawfully given and granted to the ecclesiastickes , and seculars , churches , princes , barons , nobles , citizens , inhabitants , and any other persons of what state and condition so ever by my godly predecessors , kings , princes or lords of the kingdome of poland , and of the great dukedome of lithuania , especially by casimir , lewis the great , called loys , vladislaus the first , called iagiello and his brother withold great duke of lithuania , vladislaus the . casimyr the . iohn albert , alexander , sigismund the first , and . augustus , and henry kings of poland , and great dukes of lithuania ; or derived and granted from them , together with the lawes enacted , and established or offered by all the states during the interregnum , and the pacts and agreements of my orators , made with the states in my name . that i will defend and maintaine peace and tranquility between those who differ about religion ; neither by any meanes , either by our iurisdiction , or by any authority of our officers or states , permit any to be troubled or oppressed , neither will we our selfe injure or oppresse any by reason of religion . all things any way whatsoever unlawfully alienated , or distracted , either by warre or any other meanes , from the kingdome of poland , the great dukedome and their dominions , i will re-unite to the propriety of the said kingdome of poland , and great dutchy of litluania . i will not diminish the lands of the kingdome and great dukedome , but defend and enlarge them . i will administer justice to all the inhabitants of our kingdome , and execute the publike laws constituted in all my dominions , without all delaies and prorogations , having no respect of any persons whatsoever . and if i shall violate my oath in any thing ( which god forbid ) the inhabitants of my realme , and of all my dominions of what nation soever , shall not bee bound to yeeld me any obedience : yea , i doe ipso facto free them from all faith and obedience which they owe unto me as king. i will demand no absolution from this my oath of any one , neither will i receive any , which shall be voluntarily offered , so helpe me god. to this notable oath ( an unanswerable evidence of the states of polands absolute soveraignty over their kings ) this king within . dayes after his coronation , added a confirmation of their priviledges , containing the same heads , enlarged with a few more words ; which he confirmed with his solemne deed and royall seal , and delivered the same to the chancellor , and vice-chancellor of the realme to give out coppies of them , under the great seale to all the states of the realm ; who meeting ſ afterwards in a parliament at warsauia , anno ; there was much debate about setling of the premises , and nothing concluded . t anno , the states of poland questioned and opposed k. stephen , for violating their priviledges , and those of riga tooke up armes in defence of them ; refusing after his death to repaire to the assembly of the states at warsauia , anno . vnlesse their priviledges might be preserved and rectified , as you may read at large in chytraeus . king stephen dying the estates of poland , and lithuania , assembled at warsauia , anno . where they made lawes for preserving the peace during the inter regnum ; and enacted , that no new king should be elected , but by the unanimous consent and agreeing suffrages of all the estates , and that he who shall nourish factions , or receive gifts or rewards , or use any other practises about the election of a new king , should bee reputed an enemy of his country . after which they proceeding to an election ; there were divers competitors named : and after many debates ; one part chose maximilian duke of austria , the other sigismund the king of swethland his sonne , both of them uppon expresse articles and conditions , which they both sealed and swore unto , the chiefe whereof were these ; to preserve all their rights , lawes , priviledges , and immunities publike or private , inviolably ; to keepe all former leagues and truces ; to bestow no offices upon strangers nor harbour any about them , ( except some few private servants ) but native onely , and to be conselled and advised by them alone . to maintain a navy , garrisons , and build divers castles in the frontiers at their owne costs for the kingdomes preservation ; to redresse all grievances , maintaine the priviledges , rights and peace of those who differed in religion ; to procure and augment the weale , peace , priviledges and safety of the realme ; and perform all articles mentioned in the oathes of king henry and stephen ; in fine , this competition comming to bee determined by the sword : maximillian was taken prisoner by sigismund , and forced to release his right to obtain his liberty : and a decree passed in parliament , that no man hereafter should in the election of the king of poland , presume to name , or recommend any of the house of austria to the crown , and if any did he should be ipso facto infamous : which decree the emp. rodolph desired might be abolished , as being a disparagement to that family , yet prevailed not . after which this king managed all things concerning warre , peace , and the government of the realm , by advice of his parliament , as chytraeus at large relates ; and his successors to this present have done the like , taking the crown upon such conditions , and making such conditionall oathes at their coronations , as steven did at his . denmarke . for the kings of denmarke , i have t formerly proved , that they can make no war , peace , lawes , nor lay any impositions on their subjects , but by common consent of the estates in parliament ; their kings being elective by the people , and crowned kings upon such conditions , oaths , articles , as their states , ( in whom the soveraign power resides , ) shall prescribe unto them ; who as v bodin clearly determines , have a lawfull power to question , censure , and depose them for their tyrannie and misgovernment , they having no greater authority then the kings of bohemia or poland . to run over the histories of all their ill kings would be overtedious , for which you may peruse x saxogrammaticus & others ; i shall give you in brief how some of their later kings have been handled by their subjects for their tyranny and misgovernment . not to mention the murthers of canutus in iutland in the very church , or of magnus or nicholas , slain by their subjects ; king humblus was deprived of his crown : and king harold deposed by his subjects for his insolency . suano waxing proud , tyrannous and oppressive to his people , became so odious to them , that his nobles adjoyned canutus and waldemar to him in the royall government , and divided the kingdom between them ; who thereupon being much displeased , slew canutus and wounded waldemar , being impatient of any peers in government ; for which being soon after vaquished by waldemar , hee was beheaded by the people . able slaying and beheading his brother king ericus , and usurping his crown , the people rose up in arms against him , took him prisoner , and the peasants in frisia slew him . king christopher spoyling waldemar of his dukedom of schleswick , thereupon the earles of holsatia rose up in armes against him , took him prisoner , and detained him so at hamburgh , till he paid a great ransome for his libertie . king ericus was slain by his own servants , anno . king waldemar was expelled the realme by his subjects , and afterwards restored upon his friends mediation ; who not long after denying merchants their ancient liberties in the realme , the maritine cities conspiring against him , entred denmark with a great army , expelled him the realme , tooke his castell of coppenhagen , and had the land of scania assigned to them for . years , by the nobles , in recompence of their damages sustained . ericus seeing his subjects every where rise up in arms against him , sayled into poland , an. . and deserted his kingdom and soveraignty , the people denying him libertie to name a successor , and electing christopher duke of bavaria for their king . after whom they elected christierne the first king , against whom the sweeds rebelling for want of administration of justice , and the oppression of his officers , vanquished christiern in battell , and set up a new king of their own , named charles , who an. . abandoned the royalty ; the swedes after that would neither create any new king , nor obey christierne , nor yet king iohn who succeeded him , whose queen they took and detained prisoner two years , and maintained warre against him . y christierne the second , king of denmarke , was thrust out of his kingdome for his tyrannie , and breach of his subjects priviledges ; which he endeavouring to regain , was taken prisoner by his vncle frederick duke of scleswick and holstein , and committed prisoner to sunderburge in holsatia , where hee dyed in chains : frederick was elected king in his place , ( upon certain articles and conditions which he was sworn unto before his coronation ) in a generall assembly of the states held at hafnia , an. . in and by which assembly christierne was solemnly deposed , and a declaration made , printed and published in the name of all the states of denmark , wherein they expresse the cause why they renounced their faith and obedience to christierne , sworn unto him upon certain conditions which he had broken , and elected frederick : which declaration because it is not common perchance to every ordinary shollar , and contains many things touching the frame and liberty of the kingdome of denmarke , the articles to which the kings do usuall swear at their coronations , and the tyrannnies of christierne , for which he was deprived . i shall here insert , as i finde it recorded in z david chytraeus . omnibus christianis regnis , principatibus , regionibus & populis , notum est , in orbe christiano , celebre regnum daniae suum esse , quod non secus ac caeterae regna , plurimis jam seculis , regia sua praeeminentia , dignitate , or namentis & libertate praeditum fuerit , & adhuc sit ; ita quidem ut regnum daniae , ejusque legitimè electi reges nullum unquam superiorem magistratum aut dominum agnoverint . omnibus quoque temporibus , archiepiscopis , episcopis , dynastis , praelatis & nobilitati liberrimum fuit , regem , & dominum aliquem suo judicio & arbitrio designare , & in communem regni & patriae consolationem & salutem eligere , cujus gubernatione , exemplo , & ductu regnum supradictum , christianis statutis & ordinationibus , secundum leges suas scriptas , & antiquas consuetudines vigere , miseri & oppressi subditisublevari , viduae & pupilli defendi possent . qui quidem rex semper hactenus a prima electione convenienti juramento & obligatione se huic regno devincire coactus est . etiamsi igitur nobis omnibus regni hujus ordinibus & consiliariis licuisset post obitumpotentissimi regis quondam daniae iohannis laudatae memoriae , pro jure nostro , secundum antiquam , & multis seculis continuatam regni danici libertatem , regem aliquempro arbitrio nostro designare & eligere : tamen virtute , justicia , magnanimitate , bonitate & beneficientia , eorum daniae regum , qui ex holsatorum prosapia originem duxerant , moti ; & bona spe freti , fore utrex christiernus è vestigiis regiis avis●i regis christierni , & r. iohannis patris sui non excederet : sed potius ad eorum similitu● 〈◊〉 & exemplum , gubernationem suam institueret : supra-dictum r. christiernum , 〈◊〉 . vivo adhuc patre iohanne in regem & dominum totius daniae designavimu● & elegimus . quo quidem ipso tempore celfitudo ipsius solemni iuramento , verbis concepti● , & deo sanctisque testibus citatis , praestito , archiepis . episcopis , dynastis , praelatis , equitibus , civitatibus & populo regni danici se devinxit & obligavit , cujus juramenti inter alia haec quoque capita expressa fuerunt : debemus ante omnia deum diligere & colere , & sanctam ecclesiam defendere & amplificare . omnia episcoporum , praelatorum & ministrorum status ecclesiastici privilegia , à s. ecclesia & regibus christianis ipsis concessa , inviolata conservare . archiepiscop●s quoque , londensem et nidrosiensem , et praterea episcopos , praelatos , equites auratos , & alios ordinis equestris , regni proceres & consiliarios , convenienti observantia & honore , pro cujusque conditione & statu prosequi : si qua nobis controversia sit cum archiepiscopis , episcopis , aut praelatis s. ecclesiae , eorumque ministris , in locis convenientibus , nimirum coram senatu regni , cognosci & transigi oportebit . si qua nobis ipsis , aut praefectis nostris , controversia , cùm aliquo ex nobilitate , sive is senator regni sit , sive non , incidet ; eum coram universo regni senatu , hoc nomine compellare debemus , sive ea controversia sit de fundis , sive de aliis quibuscunque bonis aut negotiis . et sicuti tenemur unumquemque juvare , ut jus suum consequatur ; ita nos ipsi quoque obnox●i esse debemus , unicuique coram senatu regni nos accusanti comparere , & ad ipsius postulata usitato iudiciorum more respondere , & quicquid a senatu regni super ea re decre●um & pronunciatum fuerit , idipsum exequi , neque hujusmodi legitimas accusationes aut postulationes iuclementi animo ferre . debemus etiam sine ullo praejudicio , gratia , aut muneribus ex aequo , tam pauperi quàm diviti , tam hospiti quàm indigenae , jus dicere & administrare . nullum etiam bellum incipere , aut externum militem in regnum introducere debemus , comm●ni senatu regni non praesciente & consentiente . literis quoque & diplomatis vel nostro , vel etiam patris nostri regis iohannis signo confirmatis , plenam & inviolatam fidem & authoritatem relinquere , ejusque aes alienum , quod liquidum est , dissolvere debemus . moneta quoque , quam cusurisumus , proba & sufficiens esse debet , ita , ut duae marcae aequivalentes sint uni aureo rhenano . item , nos christiernus & obligamus nos , quod omnes & singulos articulos , in quos jurandum nobis est , incolis regnorum daniae & norwegiae , constanter reipsa praestare velimus . sicuti etiam ex adverso subditi obligati esse debent ad suum homagium , & auxilia militaria inviolata servanda & praestanda . si vero ( quod deus avertat ) contra istos articulos agendo delinqueremus , & senatorum regni admonitionibus nullo modo locum dare institueremus : tum omnes regni incolae , ratione honoris & juramenti sui , conjuctis viribus , fideliter in hoc incumbere debent , ut hoc avertant . to faciendo , contra sua juramenta , obligationes , homagia , quo abstricti nobis sunt , nequaquam fecisse censeri debebunt . hujus generis plures alii articuli juramento inserti fuerant , qui hoc loco brevitatis gratia praetermittuntur . vt etiam regia ipsius dignitas , post juratos hosce articulos vehementius & ardentius ad virtutes regias , & christianarum sanctionum hujus regni conservationem incitaretur & inflammaretur , eommodas rationes & vias inivimus , tandemque perfecimus , ut illustrissima princeps d. elizabetha , ex hispaniarum regum & archiducum austriae illustrissima prosapia oriunda , matrimonio ipsi conju●geretur . sperabamus enim dignitatem ipsius regiam , admonitionibus nobilissimae & excellentis virtute , & summa orbis christiani regum familia ortae reginae , & praeterea consideratis tantis & tam eximijs ac sublimibus tot regum ac imperatorum affinitatibus , motum iri , ut omnibus christianis & regijs virtutibus , eum clementia & bonitate conjunctis , in tota gubernatione suaeo diligentius incumberet . verùm , statim post coronam acceptam , regia illius majestas animi acerbitatem , tyrannidem , rapinas , immanitatem crudelem & sangninariam , declaravit ( quod tamen non injuria ipsum afficiendi animo , sed extrema necessitate , ad defensionem honoris nostri compulsi , scribere & divulgare volumus , de quo ipso palàm protestamur ) imprimis autem amoris & fidei conjugalis nobilssimae & omni virtute praestanti reginae praestitae , oblitus est . quaedam enim turpis , infamis & peregrina vetula , syburgis , omni pudore & virtute destituta , & ad omnem impurit atemprojecta , propriam suam filiam , regi prostituit . quam reginae conjugi suaenobilissimae , status conditione , dignitate & gubernatione rex praetulit , eique prae omnibus regni consiliariis summam imperii in dania commisit , ex cujus perversa administratione & mandatis , multae caedes , homicidia & injustae in causis tam capitalibus quam civilibus condemnationes extiterunt : et quamvis regina ( quam semper pro regina & dominatrice nostra deinceps quoque agnoscere & habere cupimus ) ab honestiss . matrona , anna holgeria , gynecei sui praefecta , moneretur , ut dominum & maritum suum amicè hortaretur , ut à vita illa flagitiosa , quae christianum conjugem , & imprimis regiam dignitatem , nequaquam deceret , desisteret : tamen , quam primùm hoc rex & anusilla resciverunt statim illa , propter christianam admonitionem innocens ab officio , suo remota , & miserabiliter regno expulsae , et omnibus fortunis suis spoliata est . eodem modo tobernum ochsitum , de veneno , filiae syburgis propinando , falsò à so insimulatum innocentemque deprehensum , et à senatu quoque regni eo nomine absolutum , in ignominiam et contumeliam germanicae nobilitatis , tantùm mendacibus turpissimae illius mulieris sermonibus fidem habens , capite truncari jussit . quamvis etiam r●ipsius majestas ingens et publicum bellum , contra datam fidem , ●obis , nobis inconsultis et inscijs , contra sueco excitavit : tamen ut animum nostrum fidelem , et regiam ipsius personam et nomen extollendi , imperium amplificandi , et extera nationes et regna subjugandi cupidum , posset deprehendere : nos omnes nostra corpora , fortunas , regiones et subditos , in magna pericula conjecimus : quod bellum septennale , contra potentissimum regnum sueciae gessimus : et tandem cum effusione sanguinis nostri , et extrema serè cum pernicie sloris nobilitatis danicae , auxilio dei omnipotentis , contra regnum jam dictum , victoriam obtinuimus , et regiae ipsius majestati regnum subjicimus . et autem regnum sueviae in perpetua fide et obedientia regiae ipsius majestatis maneret in ipsa corononatione suecus verbis conceptis , deoque et sanctis testibus citatis , juravit , se ipsis antiqua sua jura , immunitates , et privilegia incolumia relicturum , et omnium quae in bello exorta sint offensionum , et inimicitiarum memoriam , sempterna oblivione aboliturum esse . cumque netum quidem satis regiae ipsius 〈◊〉 fiderent sueci , necesse fuit nonullis ex episcopis , praelatis , et nobilibus danicis , pro rege fidem suam interponere , eamque diplomatibus eo nomine confertis et obsignatis , confirmare . qua quidem ipsa in re deesse illi noluimus . etiamsi autem regna et populi armis subjugati , tatummodo jure et justicia in officio cotineantur : tamen rex hoc ipso non satis benè considerato , et maximis gravissimisque juramentis posthabitis , triduo post coronatinem suecicam , episcopos , praelatos , nobilitatem , una cum consulibus et aliis praefectis ( tanquam ad convivium regium & solennem de impetrata à deo victoria gratulationem ) invitavit , qui etiam fide & invitatione regia illecti , unà cum amicis , uxoribus & liberis suis , reverenter comparuerunt . sed tam amicè invitati , admodum hostiliter excepti sunt , ipsorumque plausus in moesticiam commutatus est . ex livore enim tyrannico ipsis imputatum est , quod pulvere tormentario arcem ipsius regiam passim conspersissent , ut ita incendio eum è medio tollerent . cum tamen certissimis inaiciis compertum sit , illud à rege ipso , eum in finem factum esse , ut speciociore aliquo praetextu , causam mortis in eos confingeret , quos aliâs nullo ●ure quaestionibus subjicere potuisset . atque ita reverendissimi , strenui , & honestissimi virs , d. matthias zu strengenisse , & d. vincealius scharensis episcopi , & praeterea sexaginta equites aurati & viri nobiles , aliqui etiam consules , senatores , & cives uno die , sine ullo judicio , ex mera tyrannide , contra datam fidem , decollati sunt . quorum etiam cadavera , vestibus nudata , cum in tertium usque diem in foro stokholmensi , miserabili alijs spestaculo fuissent , tandem igne comburi jussit ; ac etiamsi illi adhuc vivi more christiano confessiones suas edendi cupidi essent , tamen hoc îpsis animo prorsus malevolo denegatum est . eodem modo reverendum & religiosum d. abbatem nyddalensem & quinque fratres , qui tum in honorem dei missas celebrarant , die purificationis mariae , sine ullo judicio , aquis suffocari curavit , nullam aliam ob causam , quam quod durante adhuc bello , una cum aliis se regi opposuissent . sex praeterea ex nobilitate suecica qui communis inter daniam & sueciam pacificationis nomine , fide publica & regia , & quidem vocati antea venerant , sibi-ipsi obsides constituit , eosque in durissima vincula conjectos , tamdiu apud se detinuit , donec regnum su●ciae sibi subjecisset . multos quoque nobiles , inter quos nonnulli ex familia ribbingia fuere , una cum duobus pueris adhuc teneris , qui fide & clementia ipsius freti , istuc venerant , capite plesti : sicuti etiam tonnum ericisilium , & henrichum stichum , unà cum multis alijs nobilibus in finlandia , sine ullo judicio decollari jussit . episcepo finlandiae domum & possessiones suas per violentiam ademit , ita quidem , ut ille sibi consulens , paulò post tempestate in mari exorta naufragio miserabiliter perierit . brevitatis causa multa alia prava & tyrannica facinora , in regno sueciae contra deum & omnem aequitatem ab ipso perpetrata , hic praetermittimus . quocirca episcopi , dynastae , praelati , nobilitas , civitates & reliqui regni suecici incolae , qui crudeles , impuras & sanguinolentas ipsius manus , vita sua incolumi effugerant , contra eum insurrexerunt , satius et honestius esse rati , potius in acie pro salute patriae , quam domi sordis & turpissimis suppliciis innocentes excarnificatum , mori . atque ita ( nostro quidem judicio non immeritò ) sumptis armis & palàm bello contra regem suscepto tyrannicum illius jugum excutere instituerunt . etiamsi igitur nos periculo corporum & fortunarum nostrarum , ipsi , post auxilium divinum in regno sueciae subjugando adjumento fuerimus : tamen non nostra sed sua ipsius culpa iterum eodem regno excidit . quocirca denuo ab eo interpellati , ut sueci nostro auxilio ad priorem obedientiam adigerentur ; ne id quidem ( quamvis nullo jure aut lege teneremur ) facere recusavimus , ut vel hoc modo fidelis animus & voluntas nostra , à rege perspiceretur , quando quidem ferè supra quam vires nostrae ferrent ( cùm jam entea nostros equos , arma , naves , aurum , argentum , clinodia & insuper nostros amicos , affines & propinquos in suecia reliquissemus , ) denuo terra marique magnis impensis militem & naves armare & instruere : propria corpora nostra , possessiones , pecuniam & facultates omnes impendere : & una cum ipso totam belli molem , in tertium usque annum sustinere non detrectaremus . idque optima spe freti , futurum ut fidelia haec nostra servitia , tandem aliquando à regia ipsius dignitate cum clementia agnoscerentur . verum his omnibus non consideratis , ille intera episcopos , praelatos , ecclesias , coenobia , hospitalia , sacerdotes , matronas , virgines , nobilitatem , cives , viatores , neg●ciatores , & miseros denique rusticos , immoderatis & inauditis exactionibus , vestigalibus & expilationibus oneravit . praeterea maximam bonorum nostrorum partem , unà cum auro & argento , exactionibus extorsit , ad se translatam adhuc retinet . monetam verò nullius momenti cupream , ex ahenis cerevisiaris usu det●itis cusaem in regnum intrusit , quam aequo cum argenteis & aureis monetis precio , à milite ipsius acceptare , & ut in toto regno usurparetur & valeret , coacti sumus tolerare . cum tamen illa in finitimis regnis , nationibus & civitatibus nullius valoris esset , res nostra familiaris , cum omnibus commerciis jacerent : regnum hoc nostrum antiquum cum suis incolis omnibus suis nervis & viribus plane exhau-iretur , & ad extremam egestatem & inopiam conniiceretur . et quamvis haec quo que omnia , ut bello suscepto optatus tandem finis imponi posset , submisse toleraverimus : tamen ne hac quidem ratione quidquam apud regem proficere potuimus , cùm ille palàm hominibus fide dignis audientibus diceret , se & corporibus & fortunis imminutos ita nos debilitaturum , ut passim omnibus contumeliae & ludibrio essemus . cujus sui propositi statim etiam exemplum reipsa nobis exhibuit . archiepiscopum enim lundensem d. georgium schotburgum quem secretarium quondam suum hac spead dignitatis illius fastigium rex evexerat , ut quaedam archiepiscopatus illius praedia ad se transferre posset ; cùm regis cupiditati postea non gratificaretur , quod diceret , juramento se illi ecclesiae praestito , quod violari à se minimè deceret , prohiberi : seque potius turpissimam mortem obire , aut vitae monasticae etiam durissimae in reliquum vitae tempus mancipare se velle , quàm in perjurii suspicionem vel minimam se conjicere . cùm igitur aliquot poenarum , quae innocenti irrogabantur , optio illi concederetur ; ad vitam tandem monasticam à rege compulsus est . quo facto , statim praelatos & canonicos ecclesiae lundensis per literas ad se accersivit , cumque illi praestita obedientia comparuissent : jussit eos contra fidem regiam , in infamem & foetentem carcerem compingi , iisdemque paulò post insulam borneholman , ecclesiae illi lundensi subjectam & propriam , cum omnibus arcibus , oppidis & vicis , nullius excusationis ratione habita , vi metuque coactis , ademit . reverendissimus quoque iohannes episcopus fyoniae , cùm literis regiis ad juridicam vocatus comparuisset ; eodem modo miserabiliter , & praeter omnem culpam captus , & in carcerem conjectus est , & omns collegii illius ecclesiae bona petulanter ad se transtulit . nemo etiam velex senatoribus regni , vel aliis daniae incolis sine corporis & vitae suae periculo ipsum convenire : aut si quis omnino fortunam suam hac in parte perislitari institueret ; nequaquam id , nisi p●ius peccata sua sacerdoti confessus esset , & ad mortem se praeparasset , tentare ausus est , cùm saepenumero in eas angustias coactos nonnullos constaret , ut ne confitendi quidem spacium illis concederetur . ex quo ipso hoc quoque consecutum est , ut regno huic , & communi patriae nostrae , consilio & consolatione nostrae auxilio esse non possemus . eodem praepositum rotschildensem , & d. nicolaum erici , multosque alios praelatos & viros ecclesiasticos , qui patri & matri ipsius laudatae memoriae fideliter inservierant , absque ulla misericordia , bonis suis spoliavit . politico quoque & equestri ordini , reliquisque regin inquilinis nequaquam pepercit . mandato enim ipsius , vir strenuus & nobilis magnus tamassenus , qui toto vita suae tempore , ab omnibus habitus est homo integer & probus , & quem nemo unquam quidpiam , quod honestum & nobilem virum non deceret , gerere aut facere animadvertit ; quique etiam in fide christiana piè mortuus erat , hic inquam tamassenus , ex terra iterum effossus est ipsiusque cadaver , in foro arhusiano , in singulare daniae nobilitatis iudibrium & contumeliam , suspensum est . & insuper rex omnia illius , viduaeque ipsius relictae , bona , cum omni auro , argento , & clinodiis , sine ulla postulatione judiciali , ad se & in suam potestatem redegit . strenuo quoque d. iuggoni krabbio , equiti aurato & marescalco , qui ipsi longo tempore in dania , norwegia , & suecia honestè & fideliter , etiam eum effusione sanguinis , & bonorum suorum jactura inservierat , unum ex pagis suis vischbe●um novum unà cum multis ad eum pertinentibus fundis & bonis , aperta vi , & contra religionem jurisjurandi , ademit , & sibi vindicavit , cùm interea ille multis modis ad legitimani causae cognitionem , sed tamen frustra , provocaverat . cùm ex ministris ipsius aulicis nicolaus daa , quodam vesperi in caupona & symposio sedens , hospiti ex fenestra rhombos aliquot vitreos fortuitò excussisset ; & tamen eo nomine statim sequenti die hospiti pro tantillo damno abundè satisfecisset : nihilominus tamen , ob causam tam nihili , pater ipsius in arcem hafniensem violenter abductus , & tamdiu captivus est detentus , donec praefectus regius missis in domum ejus satellitibus , omnes ipsius cistas aperuisset , omne aurum & argentum inde exemisset , & ad quatuor marcarum danicarum millia vi metuque illi extorsisset . quinetiam contra juramentum & dotam fidem , schlos gelauben ius electionis , quod antea senatus regni propium erat , post mortem ad sùos haeredes transtulit , quo ipso antiquum nostrum & liberum regnum , haereditariae oppressioni subjicitur , & nos libera nostra electione spoliati sumus . quid , quod à quolibet , etiam pauperrimo hujus regni incola , binos in singulos annos florenos , in perpetuum deinceps numerandos , ausus est exigere , cum tamen multi ex ijs , vix bines solidos snis dominis quotannis exsolvere possent . nec tantum danicae nobilitatis excidio , animus ipsius sangainarius satiari non potuit , sed in germanos etiam nobiles ingratitudinem effunderet . honestum enim virum stephanum weberstedium , in turingia loco equestri natum , qui longo tempore , sicuti ministrum fidelem & nobilem decet , pro supremo capitaneo peditum danorum contra suecos ipsi inservierat , & qui praeclara fortitudinis suae specimina , cum hoste usque ad sanguinis effusionem dimicans , ediderat , cui etiam hoc nomine praefecturam olandensem datis literis concesserat . hunc inquam stephanum , cum diutius praefectura illa carere nollet , ex asylo coenobij sp. s. ab ipsius avo fundati abreptum , decollari jussit , hoc pratextu , quod in domo publica militi euidam vulnus inflixisset , cum quo tamen ille , amica transactione interueniente , jampridem in gratiam redierat . eodem modo cum conjugis suae regia cubulario maximiliano egit , qui reginam in regnum daniae advenientem comitatus suerat : eum enim cum regina ad c saream majestatem , & dominam margaretam , ablegasset , rex antequam dania excessisset , exitinere retrahi , & capitali suppli●io affici jussit . adhaec cum fortissimus ipsius capitaneus n. von hederstorff , nomine praesidiarioruus stokholmensium , honestos aliquot milites , pro stipendio suo , & quibusdam alijs conficiendis , haffniam misisset ; praefectus haffniensis eo exceptos abrumstorpum deduxit , quasi regem ibidem inventuri essent . eò autem cum venisset , loci praefectus , eos carceri mancipatos , paulo post sine ullo judicio , unà cùm puero quopiam trucidari jussit . suum quoque germanicum secretarium stephanum hopsensteinerum , cujus opera in gravissimi● negociis apud 〈◊〉 saream maject . electores & principes imperij romeni , usus fuerat , ad impudentissimae mulieris syburgis mendacem delationem , inclementer persecutus , ipsius vitae & bonis insidiatus est . qui tamen evidentissimo dei omnipotentis auxilio , manus ipsius cruent as ex dania evasi● , & in caesaream urbem lubecam confugit , ubi nihi lominus à ministro regio , ejus vestiga insequente , accusatus , & in custodia aliquandiu detentus fuit , donec tandem causa probè cognita , ab injusta ejus accusatione & insimulatione , per sententiam absolutus est . praetere à multas quoque exteras nationes , hollandos , brabantos , flandros , lubecenses , cum omnibus civitatibus maritimis , contra data privilegia , & regia diplomata , pecuniis suis emunxit , & quotiescunque illi negociorum suorum causa in hoc regnum appulerunt , statim navibus & mercibus suis spoliati sunt . et quamvis norvvegiae quoque regnum semper , ipsi fideliter fuerit subjectum , & pro viribus omnia sua officia & auxilia praestiterit , et ejusque omnibus edictis & interdictis cum obsequio paruerit : tamen neq deo consecrati episcopi , neque nobilitas , neque populus illius inclementem & immisericordem animum effugere potuit . episcopus enim camerensis , licet innocens , in crudeli admodum carcere captivus est detentus , ita quidem , ut ex foetido & impuro aere , curis diuturnaque sessione , omnibus suis viribus consumptis , tandem carcere liberatus , mox diem suum obierit . reverendissimus quoque episcopus ansloinsis , andreas eo compulsus est , ut alteri suum episcopatum cederet : quod si facere recusaret , submer sionem illi minabatur . reverendissimum quoque archiepiscopum nidrosiensem ab ecclesia sua archiepiscapali in exilium expulit , qui postea romam ad papam consugiens , ibidem in magna inopia & miseria mortuus est . nobilitati quoque ejus regni nequaquam pepercit , strenuum enim & praestantissimum equitem auratum , canutum , canuti ficto & mentito quodam praetextu , in carcerem redegit . cumque ille in jus provocaretur , & causa in senatu regni cognita & disceptata absolutus esset : tamen jure suo , à deo & aequitate sibi concesso , uti non potuit , cum paulò post miserimè decollaretur , & omnia ejus bona , contra omne jus a rege abriperentur . etiamsi verò multò plura ipsius impia & tyrannica facinora , & inprimis cum honestis matronis & virginibus , viduis & orphanis passim in dania , suecia , nervvegia perpetrata , indicare possemus : tamen illa ipsa , respectu nominis & dignitatis regiae habito , hoc quidem tempore , in nostra hac querela commomorare non volumus . semper equidem speraveramus futurum , ut crebris , fidelibus & submissis admonitionibus adductus , sese emendaret , & ab hujusmodi minimè regiis aut christianis , sed potius tyrannicis inceptis , facinoribus , expilationibus , vectigalibus , exactionibus , aliisque crudelibus institutis desisteret : sed tamen admonitiones hae nostrae planè infructuosae aures regias personuerunt : nostrae sententiae & consilia planè sunt repudiata , nulli ex senatu regni locus apud regemfuit relictus , imò homines planè contempti & ad nullamrem idonei habiti & reputati sumus . atque ita ille in priori sua tyrannide , seipsum induravit . et ut omnino crudeli suo erga nos animo & voluntati satisfieret , milites peregrinos magno numero , tam pedites quam aequites , contra praestitum juramentum , quod ex superioribus articulis patet , in regnum induxit , & majoribus adhuc qu●am antehac factum est , oneribus & exactionibus nos gravare instituit . cum autem id non injuria nobis grave esset , hoc tentatum est , ut nos una cum miseris rusticis , ( qui tamen ipsi tempore belli septennalis penè omnem substantiam nostram impenderamus ) vi ad illas praestandas adigeret . quocirca missis literis tanquam ad juredicam ahusium nos evocavit , eo consilio , ut nos vi militis externi ( si modò is ad tam impium facinus à rege perduci potuisset ) adoriretur , & pro lihitu suo imperata facere cogeret . compertum etiam nobis est , regem ad diem praestitutam duorum immanium carnificum , more suorum satelli●um ( ne scilicet res innotesceret ) vestitorum operam conduxisse , in eum finem , si intolerabilibus ipsius edictis & voluntati non assentiremus , ut tum in corpora & fortunas nostras impetum faceret , & forte non aliud quàm in suecia , dynastis , episcopis , praelatis , nobilitati & civitatibus factum est , covivium nobis adornaret . quapropter justissimo ( qui etiam in fortissimos viros cadere potest ) metu compulsi sumus , ut de tantis malis à nobis avertendis cogitationem aliquam susciperemus , atque ita nostra corpora , vitam & possession●s ( quod jure naturae facere tenemur ) defendeve●●us . compulsi igitur sumus , ut nostra juramenta , homagia & auxilia militaria per literas illi renunciaremus , id quod , etiam reipsa à nobis jam factam est , cum plane confideremus , neminem fore , qui impiis tyrannicis ipsius delictis consideratis , vitio hoc vertere nobis posset . nos enime status & consiliarios regni dauici , coram deo & hominibus obligatos agnoscimus , ut communi patriae , in extremis hisce periculis & angustiis , consolationem aliquam offeramus . siquidem miserorum ejus regni inquilinorum aeterna , ratione corporum & bonorum , pernicies , matronarumque & virginum dedecus & contumelia potissimum ab eo quaeritur , à quo illa omnia meritò averti à nobis debebant . neque ignotum est , propter similia , aut saepè etiam leviora quàm nos ( proh dolor ) perpessi sumus facinora tyrannica , saepenumero caesares romanos , reges vngariae , bohemiae , angliae , & scotiae , ex suis imperiis & regnis dejectos , nonuullos principes ex ditionibus suis haereditariis expulsos esse , sicuti id tam ex veteribus historiis , quàm ex nostrae aetatis exemplis satis certo nobis innotuit . et nisi gravissimus hisce , quae hactenus commemoravimus , oneribus impelleremur , pigeret & taederet nos , talem aliquam cogitationem in nostrum animum inducere , multo minus reipsa eam exequi , sed potius sicuti patri & avo ipsius , ita ipsi quoque libenter addicti fuissemus . etiamsi verò ab electione externi alicuius & christiani regis aut domini cujus potentia & defensione regnum nostrum gubernaretur non plane fuimus alieni : tamen considerato diuturno & christiano regimine , regiis virtutibus , clementia , bonitate & justitia , quibus & illustriss . princeps & dominus . d. fridericus , verus haeres nor●egiae , dux sleswici , holsatiae , stormariae & dietmarsiae , comes oldenburgi & delemenhorsti , erga subditos suos statim à guber nationis suis exordio pie & landabiliter usut est : eum potissimum unanimi consensu regene & dominum nostrum supra totam daniam elegimus , cum nimirum cogitaremus , eum ex inclyta regum daniae prosapia originem ducere , & praeterea regis filium natum esse , aetque ita jure prae omnibus alis principibus hunc honorem ipsi , praesertim cum patrimonium quoque ex regno paterro suae colsitudine debitum ne nunc quidem accepisset , deberi . regomus igitur unumquemque , cujuscunque conditionis aut ordinis sit , si fortè suprà dictu● rex christiernus , aut alius quispiam nomine ipsius , vel scriptis vel alio modo , nos insimulet , quod contra datam fid●m & juramenta hac in partè egerimus , ut illi , antequam vlteriorem nostram defensionem audiat , fidem non habeat , sed potius nostras hasce difficultates , corporis & vitae pericula , impias viduarum & pupillarum oppressiones , matronarum & virginum violationes , cum clementi , christiana , benevola & humana commiseratione cognoscat . & nos ( qui honorem & existimationem nostram , ut pios nobiles decet , erga regem illaesam ad huc conservavimus ) excusatos habeat . simulque aliis queque omnibus & singulis , ob causas jam suprà dictas , & alias complures ( quas adhuc in bonorem nominis regii usque ad ulteriores nostras apologias reticemus ) benignè nos excuset . si etiam rex coram logitimo aliquo judice nos accusandos esse censuerit . hoc ipso scripto nos ad legitimam & justam causae hujus cognitionem & decisionem offerimus ; pollicemur etiam nos iis , quae hoc modo jure decernentur & sancientur , prompto animo p●rituros esse . neque dubitamus , si vel sanctitas pontificia , vel rom. caesarea majestas , & ludicium camerae , vel alii quoque christiani reges , electores , principes , comites , barones & nobiles , vel inclytae & liberae imperii civitates petitionis hujus nostris aequitatem , & ipsius impiam & tyrannicam nostri oppressionem cognoverint , quin factum hoc nostrum , ad quod extrema necessitas nos compulit , nequaquam sint improbaturi . pro quo ipso singulis , pro ratione ordinis & conditionis suae , nostra studia , officia , & gratitudlnem , omni tempore praestandam , deferimus & pollicemur . swethland . not to mention the kings and kingdom of norway , long since incorporated into denmarke , whose lives and catalogue you may reade in * munster , ioannis magnus , crantzius , and others : * in which realme not one king anciently died of age or diseases in above one hundred yeers , but of violent deaths ; there being this custom , that whosoever slew a tyrant king , was thereby made a king. the kings of swethland have alwayes been elected upon certaine conditions , and subordinate to the power and censures of their whole states and parliament , in such sort as the kings of hungary , bohemia , poland , and denmarke have beene ; and oft times this kingdome hath beene annexed to the realme of denmarke , and subject to the danish kings , as they saw occasion : the names and lives of the swedish kings before and since their conversion to christianity , you may reade at large in * munster , joannis magnus , crantzius , olaus magnus , and others : i shall give you a taste onely of some of them out of those authors . halsten , and animander his successor were thrust out of their thrones and realms by their subjects . after whose death , the swedes elected one king of their owne nation , the gothes another , not enduring a forraign prince to reigne over them . king bugerius slaying his brother ericus , who had imprisoned him at a banquet , his nobles detesting this his treacherous act , rose up in armes against him , expelled him the realme , and beheaded his queen and magnus his son , electing magnus the son of ericus for their king. magnus the seventh , betrothed his son aquin to a kinswoman of the earle of holstain upon this condition , that unlesse aquin should receive her a virgin , all the nobles of the realme should be freed from their oath of allegeance to him . the virgin sailing into swethland , was taken prisoner by waldamer king of denmarke , who betrothed his daughter margaret to aquin : whereupon the nobles of sweden denied to yeeld any more obedience to their king , deserted magnus and chose albert king : magnus seeking to regaine his realme , was defeated in battell and died in exile . queen margaret taking albert prisoner , and conquering sweden , left it and two kingdoms more to ericus her adopted son . but the swedes weary of a forraigne yoke , by the helpe of engelbert , denied subjection to him , and waged warre so long with him , that he was forced to place swedes in all the castles by agreement , and to receive onely halfe the revenues of the realme in his absence , and at last ( tired out with the wars ) deserted both crowne and kingdome . after this the swedes elected charles for their king , who after seven yeers reigne , perceiving that he grew grievous and displeasing to the states of sweden , taking his owne private goos onely with him , and leaving the treasure of the realm in a safe place , left the kingdome . whereupon they elected christierne the first , the king of denmarke and norway , for their king ; against whom they took up armes , because he had broken that paction prescribed to him when he tooke the crowne ; whereupon anno . christierne came with a great power to subdue the swedes , but he was easily conquered , repulsed thence twice one after another by the swedes united forces : who elected them a governour whom they called a marshall , which had power to call generall assemblies of the states , and execute the kings office , and might have beene elected king upon such conditions as the states propounded , which he refused to submit to . king iohn thinking to subdue the swedes after christiernes death , was repulsed by them , and his queen taken prisoner . his sonne christierne the second , king of denmarke , by the treachery of gustavus archbishop of vpsalis , after many encounters , upon promise to continue their laws , liberties , and priviledges inviolably , and to remit all offences past by a solemne oath , was elected by the swedes for their king : who swearing these articles and confirming them by his charter , was upon this admitted into the towne and castle of holme ; * where feasting all the nobles and principall men of swethland two dayes together , suspecting no treachery , he suddenly apprehends them , imprisons , murthers all the nobles , gentry , citizens , commons , yea bishops and monkes , with extraordinary cruelty , spoils their wives and orphans of all their goods , and exerciseth more then barbarous tyranny over them ; which gustavus erichson , a noble swede then in denmarke hearing of , escape thence privily , and comes into swethland disguised , raiseth an army to revenge this butchery , delivers his country from this tyrant , and for his noble service was by their unanimous vote elected and crowned king of sweden in his stead ; the swedes in a publike declaration manifesting their expulsion and deprivation of christierne for his treachery and tyranny to be just and lawfull . * ericus the seventeenth king of sweden , imprisoning his brother , murdering his faithfull counsellours , warring upon his subjects , playing the tyrant , and matching himselfe unworthily to a woman of meane condition , was for these his misdemeanors taken prisoner , with his queene , deposed , and his brother made king in his stead , anno . and * sigismund king of sweden , taking upon him the crowne of poland , after fourteen yeers reigne , was deposed and dispossessed of his kingdom anno . and charles his uncle made king in his stead . assyria , cyprus , lombardy , naples , venice . i could now acquaint you with many such like passages and stories in the kingdomes of assyria ; as how effeminate * sardanapalus , for his vices and mis-government was deprived by his subjects , burned in his palace , and arbactus made king in his stead . in the kingdom of * cyprus , where king peter murthering his brother and those of geneva , was soon after taken prisoner and made a tributary prince . king iohn governed by helena his wife , and she by his nurse , which made the people weary of the government , had a regent by consent of the nobles ( ioba of portugall , whom they married to his daughter carlota ) set over him and the realm and all the royall power soon after put into his hands , who being soon poysoned by helena , lewes sonne to the duke of savoy was sent for and crowned king by generall assent , and john and iames his sons put by . * clephus the second king of lombardy was so cruell , that after his death they would have no more kings , but chose thirty dukes to governe them , who continued this government eleven yeeres . desiderius the last king of lombardy was taken prisoner with all his children in pavia by charles the great , and so that kingdome ceased , anno . * tancred the fourth king of naples was deposed by pope celestine the third with his peoples consent . momfrey bastard poysoning conrade the seventh king of naples , and usurping the crown , was deposed by charles earle of aniou , who enjoyed the crowne till aragon seased on the realme . jone queene of naples married andrew second sonne to charles king of hungary , whom she hanged at her window for insufficiency ; after marrying iames of tarragou , she beheaded him for lying with another woman , and was at last driven out of her kingdome by lewes of hungary , and hanged at the same window where she hanged her first husband . * peter duke of venice was for his tyranny and misgovernment besieged in his palace by the people , which they fired , and then taking him his wife and sonne , dragged them unto the butchery , where they chopped them in pieces and threw him to the dogs to be devoured , notwithstanding all their submissions and intreaties on their knees , anno . so duke falier , and many other dukes , have beene condemned to death and executed by the states of venice , and that justly as * bodine grants . multitudes of such like presidents occur , in most other dukedoms and principalities , which i will not name , because they want the title of kings , though * aquinas truly holds , that a kingdome is so called from ruling ; therefore he who hath others under his government , is said to have a kingdome ; in reality , though not in propriety of speech ; and so are kings in verity , though not in title . i might adde to these many more examples , manifesting what miseries and untimely deaths tyrannicall kings and princes have undergone in all ages and states , being commonly deposed , poysoned , murthered ; but i shall for brevity passe over these examples , remitting the readers to * aristotle , * aelian , and doctor beard , his theatre of gods judgements , and come nearer home to scotland , as having nearest relation to england , scotland . what soveraigne power and jurisdiction the realme , parliaments and nobles of scotland have claimed and exercised over their kings , ( who , saith buchanan , can neither make laws , warre , peace , nor conclude of any great affairs of the realm without a parliament , which hath there , and in hungary , poland , denmarke , swethland been oft-times summoned , not onely without , but against their kings consents ; ) and how frequently they have questioned , imprisoned , censured , deposed , yea judicially sentenced their kings for their tyrannies , oppressions , whoredoms , murders , 〈◊〉 ▪ and evill administrations , you may reade at large in george bucanan ( king james his owne tutor ) in his booke , de iure regni apud scotos , and his * rerum scoticarum historia . where this their soveraigne power i● so largely vindicated , debated , demonstrated , and the chiefe objections against it cleared so abundantly , that i shall not adde one syllable to it , but present you with some historicall examples which confirme it . * fergusius the first king of scotland dying , and leaving two sons infants , unable to governe the realme ; the scots thereupon considering what dangers might befall them both at home and abroad , during their infancy ; at last concluded after much debate ; and setled this for a standing law ; that when any king died leaving his son under age and unfit to governe , the next of their kinred , who should be esteemed fittest to raigne , should enjoy the soveraigne power ; and that he being dead , then the succession of the crowne should returne to the children of the deceased king , being of age to rule ; which law continued constantly for many hundred yeeres , untill the reigne of kenreth the third . by this law feritharis brother to fergusius abtained the crowne and reigned fifteene yeeres with much justice and modesty ; after which his nephew ferleg desiring to raigne , demanded his fathers kingdome of his uncle , who being willing to resigne it to him , called an assembly of the estates , made an oration in praise of ferleg profered to resigne the crowne unto him . but such was all the assemblies love to feritharis and hatred to ferleg for this his preposterous affectation of the crowne , that they detested the act , and denied the motion both with frownes and verball reprehentions : whereupon ferleg conspired his uncles death , which being discovered , they thought him worthy of death ; but for fergusius his fathers sake , his life was spared , and he onely imprisoned ; after which making an escape he fled first to the picts , then to the britous , and in the meane time feritharis dying , by the treachery of ferleg as was suspected , ferleg by the unanimus sentence of all was condemned and put from his crowne , being absent , and his brother mainus created king. h dornadilla the fourth king of scotland dying , leaving reuther his sonne under age and unfit to raigne , the people made notatus his brother king ; who playing the tyrant , banishing , murthering , and oppressing the people , donald of galloway raised an army against him , expostulated with him for his tyranny , and wished him to resigne the crown to reuther ; which he refusing to do , and justifying his tyranny ; hereupon donald gave him battell , slew him , and made reuther king without the peoples suffrages : upon which the nobles being offended , ( because the power of the parliament was by this meanes abolished , and the election of the supreame magistrate made onely by one man , ) tooke up armes both against ruther and donald , gave them battell twice in one day , and t●oke ruther their new king prisoner : who afterwards dying and leaving there his sonne an infant , scarce ten yeeres old , they , according to the law formerly made and received in this case , made his unkle ruther king ; who after seventeene yeeres reigne voluntarily resigned his crowne to his nephew there ▪ in whose commendation he made an oration , the people hardly permitting it . there soone after growing very vitious and flagitious , slaying the nobles , and filling the realme with robberies , the governours pittying the deplo●able state of the realme , resolved to punish him for it ; of which he being informed , fled to the brittains , where he spent his daies in contempt and ignominy , not daring to returne ; conan a prudent and discreet man , being elected viceroy in the meane time , which office he held almost twelve yeeres till the death of there . in the reigne of finnan the tenth king of scotland , that the roots of tyranny might be cut off , it was decreed , that kings should command nothing of greater moment to be d●re , but by the authority of the publique councell . durstus the eleventh king giving himselfe to all deboistnesse , first banished his fathers friends from him as the troublesome reprehenders of his pleasures ; and sending for the most vitious young men to be his familiar companions , gave himselfe wholly to luxury and venery . he prostituted his wife , ( daughter to the king of britains ) to his companions , and then banished her . at last the nobles conspiring against him , he awaking as it were out cut of sleepe , considering that he should finde no place of safety , neither at home nor abroad , being equally hated of strangers and subjects , thought best to counterfeit repentance of his former life , for so he might retaine both his crowne , and in time inflict punishments on his enemies . wherefore recalling his wife from exile , he first of all endeavoured to reconcile himselfe to the britains : then calling the chiefest of his subjects to him , he ratified with a most solemne oath the oblivion of his former courses ; he committed every most wicked person to prison , as if he reserved them for punishment , and religiously promised , that he would doe nothing hereafter , but by the advice of his nobles . when by these things he had given assurance of his sincere mind , he celebrated the agreement with pastimes , banquets , and other signes of publique gladnesse : and now all mens minds being taken up with joy , he called most of the nobility to a supper ; where , when he had shut them up ( improvident and unarmed ) in one roome , sending in his assasinates , he slew them every one . this calamity not so much terrifying as exasperating the minds of the rest with new flames of anger , they gathered a great army together , all men conspiring to take away this detested monster ; whom they slew in battell , together with his wicked confederates . after whose slaughter , the nobles putting by durstus sonnes , lest they should imitate their fathers vices , elected his brother even king with unanimous consent ; who hating durstus his tyranny had voluntarily banished himselfe among the picts . even dying , leaving a bastard sonne called gillo , he procured himselfe to be elected viceroy till a new king should be chosen , and got the kingdome confirmed to him ; but yet not deeming himselfe secure as long as any of durstus his family remained , he treacherously slew durstus his two eldest sonnes , with all his kindred and familiars : with which the nobles being much discontented , and fearing worser things , privily raised an army against him ; who finding himself generally deserted but by a few flagicious persons , who feared punishment , he was forced to flie in a fisherboat into ireland : whereupon the scots created cadvallus their vice-roy , and after that created even their king , who conquering gillo in ireland , he was forced to fly into a cave , where he was taken and his head cut off . * king even the third , not content with an hundred concubines of the nobility , made a law , that it should be lawfull for every one to marry as many wives as he could keepe ; and that the king should have the mayden-head of noble women , and the nobles of the plebeans before they were married ; and that the common peoples wives should be common for the nobles . besides , luxury , cruelty and avarice were the companions of this his flagitious life ; he murthering the rich to get their wealth , and favouring t●eeves to sh●e in their robberies : whereupon the nobles and people conspiring against him and taking up armes , he discerned how unfaithfull the society of ill men is ; for being deserted by his party as soone as the battell began , he came alive into his enemies hands , and was committed to pe●petuall prison , his life being spared by the intercession of cadalan , who was made vice-roy in his stead ; but soone after he was strangled in the prison by one whom he had formerly injured . king corbreds sonne being within age at his death , the assembly of the states made dardan king , who within three yeeres space rushing into all kind of vices , bannished all prudent and honest men out of his court , kept none but flatterers about him , slew cardorus , and divers others vertuous men who advertised him of his faults ; and to take away the feate of succession , plotted the death of corbred , galdus , and others : whereupon the nobles and people by unanimous consent rose up against him , slew his evill instruments , routed his forces , tooke him prisoner , whilst he was about to murder himselfe , cut off his head ( which they carried about for a laughing-stocke ) and threw his corps into a jakes , after he had raigned foure yeeres . luctacke the king of scots , giving himselfe wholly to wine and harlots , sparing the chastity of none though never so neere allied to him , nor their husbands never so great , deflowring his owne sisters , aunts , daughters , joyning inhumane cruelty and insatiable avarice to his lust , and depraving the youth of the country corrupted by his example , when as no man durst resist him ; was at last convented before an assembly of the chiefe men ; where being more freely reprehended for those crimes , he commanded the chiefe of them to be drawne away to punishment , as seditious , calling them old doting fooles . whereupon the people assembling together , slew both him and the instruments of his wickednesses , when he had scarce reigned three yeeres space . mogaldus was elected king in his place , who carefully reforming all the abuses and corruptions of luctack in the beginning of his reigne ; yet fell at last unto them in his old age , and grew so odious by his vices , to the nobles and common people , that they weary of him , rose up against him ; he being unable to resist them , wandred up & down with one or two companions , in secret places , seeking to escape by flight ; but was at last taken and slaine . conarus his sonne and successor giving himselfe to all manner of luxurie , and lust , brought the realme in short time to great penury ; giving lands and riches to most vile and naughty persons , because they favoured his corrupt living , and invented new exactions upon his people . whereupon summoning a parliament , he demanded a tribute of them to support his state and court in honour ; who taking time to deliberate , and understanding at last , that this his hunting after money proceeded not from his nobles , but from the inventions of courtflatters , they resolved to commit the king to ward , as unfit to governe , untill he renouncing the crowne , they should elect another king. whereupon the next day , he who was first demanded his opinion , declaimed sharply against the kings former life , his bauds and companions , as unprofitable in warre , troublesome in peace , full of shame and disgrace : shewed , that the kings revenues were sufficient to maintain him if he lived within compasse ; that the rest might be supplied out of the estates and by the death of those on whom he had bestowed the publique patrimony ; and that the king in the meane time should be committed to custody , as unfit to rule , till they elected another , who might teach others by his example to live sparingly and hardly , after their countrey custome , and might transmit the discipline received from their ancestors to posterity . with which free speech he growing very angry , instead of pacifying their discontented minds , inflamed them more with his cruell threatnings ; whereupon the king being laid h●nds on by those who stood next him was s●ut up in a hall with a few attendants : his courtiers , the authors of ill counsell were presently brought to punishment , and a●g●●us a nobleman made vice-roy till the people should meet to elect a new king ; after which c●na●● spent with griefe and sicknesse , died in prison . king eth●d●us his sonne being an infant ●i brother tetra●ell was chosen king , who murthering his nephew , cutting off divers of the nobles , and spo●ling the common people , to establish the kingdome in himselfe , he grew so edicus and so much d●minished his authority in a short time , that he stirred up divers seditions ; which he not daring to goe abroad to suppress● , b●ing generally hated , was at last strangled by his own fellowers in the night , in his own house . ethedius the . being a stupid man , and of a duller wit then was suitable to the government of so fierce a people , the nobles hereupon assembling together o●t of their respect to the family of fergusius , would not wholy deprive him of the name of a king , though he were slothfull being guilty of no crime , but assigned him governours to execute justice in every county : at last he was slain in a tumult of his familiars . king athirco his sonne degenerating from his former vertues , and growing extreamely covetous , angry , luxurious , sloathfull , and leaving the company of all good men , was not ashamed to goe openly in the sight of the people playing upon a flute , and rejoycing more to be a fi●ler , then a prince ; whereby he became very odious to the people : at last ravishing the daughters of nathalocus a noble man , and then whipping and prostituting them to his lewd companions lusts ; thereupon the nobles rising up in armes against him , when he had in vain endeavoured to defend himself by force , being generally deserted by his own people , who hated him for his wickednesse , he murthered himself , and his brother donus was enforced to flie with his little ones to the picts to save his life . nathalicke succeeded in his realme , governing it ill by indigent ordinary persons , who would attempt any wickednesse , and treacherously strangling divers of the nobility , who were opposites to him , in the prison to which he committed them , to establish his kingdome ; thereupon their friends with others , being more enraged against him , raised an army to suppresse him ; which whiles he endeavoured to resist he was slain by one of his own servants , or as some say , by a sorceresse with whom he consulted to know his end . king findocke being treacherously slain through the conspiracy of carantius his second brother , donald his third brother was elected king. donald of the isles , usurping the realme by violence , so farre oppressed the people by ill officers and discords raised amongst them , that he durst seldome stirre abroad ; he never laughed but when he heard of the discord and slaughter of his nobles : for which he was at last surprised and slaine by crathilinthus , who was unanimously elected king , and slew all th●s tyrants children . after the death of fircormarch there were great divisions and warres for the crowne between romach and angusian , two brethren ; romach at last conquering his brother and chasing him into ireland , gained the crown rather by force , then love of the people ; which to preserve , he shewed himselfe very cruell to the adverse party , reduced capitall causes to his owne arbitrement , and putting many to death , strucke a generall feare in all good men : upon this he grew so generally odious to all estates , that they conspired against , and suppressed him before he could collect his forces ; and cutting off his head , carried it about 〈◊〉 poll , as a joyfull spectacle to the people . k constantine the first , of scotland , as soone as he obtained the crowne , loosed the reines to all vices : he was cruell and covetous towards his nobles , kept company with men of the basest ranke ; gave himselfe onely to the rapes of maides , matrons , and immoderate feasts , having fidlers , stage-players , and ministers of all sorts of pleasures almost about him : with which vices the nobles of scotland being offended , admonished him of his duty . but he proudly contemning them , wished them to looke after other matters , saying , he had councell enough from others , and that they should lay aside their false hope , that they could reclaime the king by their councell . on the contrary he was of so poore a dejected spirit towards his enemies , that he not onely granted them peace , but remitted them injuries , and restored them castles as soone as they demanded them . which caused the picts and scots to consult together to depose him by force of armes ; from which douglasse disswaded them for the present , by reason of their forraigne wars with the britans and saxons : in the end , he was slaine for ravishing a noblemans daughter in the . yeare of his raigne . king goran was slaine by the people for favouring towers chiefe inquisitor or judge of capitall causes , who much oppressed the people ; his children being young , hugonius succeeded to the crown ; and afterwards his brothers congalus and kumatel , after whom ardan the sonne of king goran reigned . ferquhard the . king of scots a craftie man , desiring to turne the kingdome into a tyrannie , nourished great divisions among the nobles ; but they discovering his malice privily enter into an accord among themselves , and calling a parliament , sommoned him thereunto : who refusing to appeare , keeping within his castle ; they thereupon tooke it by force , and brought him to judgement against his will ; where many and grievous crimes , among others , his cruelty and negligence in the affaires of the common-wealth ; the pelagian heresie , with contempt of baptisme , and the other sacraments , were objected against him ; of none whereof he being able sufficiently to purge himselfe , was cast into prison ; where , out of shame and sorrow , he slew himselfe . ferquhard the second , a man polluted with all kinde of wickednesse , an unsatiable desirer of wine and money , inhumanely cruell towards men , and impious towards god , when he had every where vexed others with cruelty and rapines at last turned his fury against his owne , slaying his owne wife , and ravishing his owne daughters : for which wickednesses he was excommunicated : but the nobles willing to assemble together to punish him , were diswaded by holy bishop colman , who told the king openly , that some devine judgement would shortly seize upon him , which fell out accordingly , for falling into a feaver , and not abstaining from his intemperance , he was eaten up of lice . maldwin . king of scotland was strangled by his queen , for suspition of adultery with an harlot ; for which fact she her selfe was burned dayes after . amberkelethus a vicious wicked king , was slain by one of his own men , with an arrow in the night , when he was marching against the picts ; whereupon , lest the army should be dissolved or left without a generall , eugenius the th was presently chosen king in the tents : who making peace with the picts , his wife being slaine in his bed by two conspirators who sought his life , the king being suspected of this murther was thereupon imprisoned ; but before his triall set at liberty , by the apprehension of the murtherers . king eugenius the th , rushing into all vices , and neither regarding the admonitions of his nobles or clergie , was for his filthy lusts , covetousnesse , and cruelty , slaine in the assembly of his lords by their generall consent , and his companions in wickednesse and villany hanged , which was a gratefull spectacle to the people . fergusius the third succeeded him both in his crowne and vices ; he was a foule drunken glutton , and so outragiously given to harlots , that he neglected his owne wife , and brought her to such poverty , that she was forced to serve other noble women for her living ; wherefore to expiate this disgrace , she murthered him in his bed , and afterwards slew her selfe also . donald the king of scotland , gave himselfe wholy to his pleasures , keeping none but hunters , hawkers , and inventors of new lusts about him , on whom he spent the revenues of the realme , by which he corrupted the youth of the kingdome : which the ancients of the realme discerning , assembled and went to the king , admonishing him of his duty ; which he notwithstanding neglected , till the wars roused him up . which being ended , he returned to his pristine courses ; whereupon the nobles fearing , lest this filthy and sloathfull man , who would neither be amended by the councels of his friends , nor calamities of his people , should lose the remainder of the kingdome which was left , cast him into prison ; where for griefe of his inhibited pleasures , or feare of publike shame , he layd violent hands upon himselfe constantine the second was inhibited by his senators to make war before he had reformed the corrupted youth of the realme by good lawes ; after which he was slaine in battle by the danes . king ethus his brother and successor polluting himselfe with all vices , and drawing all the youth of the country ( prone to wickednesse ) with him , he was the reupon seised on by the nobles ; who making a long oration to the people , wherein they related the wickednesses of his whole life , he was forced to renounce his right in the kingdome , and dyed in prison of griefe , within three days after . gregory being made king in his stead . constantine the third turning monke , malchombe was elected king , who was slaine by the conspiracie of theeves ; whose sonne duffus being an infant , indulfus enjoyed the crowne ; to whom duffus succeeding , was murthered by donald : whereupon a parliament was assembled to chuse a new king , which elected culenus : who at last degenerating into all licentiousnesse , ravished virgins , nunnes , yea his owne sisters and daughters , and set up a kinde of publicke stewes . for which being reprehended by the nobles , he excused part by reason of his youth part by reason of feare , and acknowledgeing his sorrow for the residue , promised a ●endment . but he not reforming upon their admonitions , they departed from court , that they might neither be witnesses nor partakers of his vices : the king freed of their troublesome company gave himselfe wholy to feasting and venery , spending nights and dayes in dishonest sports and pleasures with his dissolute companions ; and to maintaine his luxurie , he pillaged and oppressed his subjects , especially those who were rich ; and by his disorders fell into a grievous sicknesse , which made him a deformed carcasse , fit for nothing but to suffer the penalties of his vitious life , his courtiers and companions spoyling the people every where in the meane time . whereupon the nobles were enforced to summon a parliament at scone , where the king was commanded to be present , that together with the rest he might consult how to provide for the publicke safety in his precipitate state of things : with which sommons being awaked , he began to consult with his companions , what was best to be done for his owne safety in these exigents : being unable to resist or flee , he resolved to goe to the parliament , hoping to finde some mercy there for his good fathers sake , to preserve him from falling into extreame misery ; but in his way thither he was slaine by the thane of the country for his violent ravishment of his daughter ; his death was acceptable to all , because it freed them of such a monster with lesse labour then they expected : and kenneth the third was made king in his place : who poysoning his nephew malcolme , heire to the crown after his decease , to settle on his own posteritie , he caused the lords in parliament to repeale the ancient law wherby the crown discended to the next of kin during the minority of the right heire ; and to enact , that the sonne should from thenceforth inherite the crowne next after his father , through a minor ; that the realme during his minority should be governed by a viceroy elected by the parliament and nobles till he came to yeeres of age ; and after that by a gardian elected by himselfe ; that if the kings eldest sonne dyed having issue , the issue should inherit , before the second brother , &c. after which , the king generally hated for the poysoning of malcolme , was slaine by the practise and command of fenella . he thus cut off constantine surnamed the bald , sonne of culen , pretending the new law concerning the discent of the crowne to be unjust , obtained by force , and contrary both to the publicke liberty and safety ; to wit , that an infant ( commonly governed by a woman ) being unable to governe , or repulse an enemy in times of danger , yea a curse of god upon a realme , and therefore not to be endured or setled by a law , especially in those time of warre , when they had so many enemies ) should be preferred before a kinsman of full age , fit to raigne ; so ambitiously sought the crowne and made so many friends , that he procured himselfe to be proclaimed king at scone ; which malcolme sonne of kenneth ( for whose sake this new law was enacted ) understanding , presently raised all the forces he could , which being conducted by his brother kenneth , constantine and he in the second encounter were both slaine one of another . after whose death grame the sonne of duffus usurping the crowne , when he and malcolme were ready to encounter with their armes , this agreement was made betweene them by forthred a bishop , that grame should retaine the kingdome , and the new law of succession be suspended during his life ; and malcolme succeede him after his death . after which grame giving himselfe to all dissolutenesse , covetousnesse and oppression , and warring upon those nobles and councellors , who advised him to reforme his evill courses , with greater cruelty than any forraigne enemie , destroying both men townes , cattle , fields , and making all a common prey ; hereupon they called in malcolme out of northumberland to assist them , who encountring grame , on ascention day , tooke him prisoner , being deserted of his people , wounded in the head , and then put out his eyes ; who soone after dying of sorrow and his wounds ; malcholme thereupon summoned a parliament at scone , and would not take the crown till the law concerning the succession made in his fathers raigne , was ratified by all their consents : against which law buchanan exceedingly inveighs in the beginning of his seventh booke , as the occasion and increase of all those mischiefes both to king and kingdome , which it was purposely made to prevent . this malcolme , after he had raigned long victoriously with much honour , in his declining age , growing very covetous , tooke away the lands he had formerly given to his nobles for their good service in the wars , and punished divers of the wealthiest men so severely , that he brought many of them to death , others to extreame poverty ; which injuries lost him all his love , honour , and so farre exasperated the people , that partly out of revenge , partly to prevent further oppressions and to provide for their owne securitie , corrupting his servants with money , they sent their agents into his chamber in the night , and slew him . not to mention the murther of king m duncan by machbed , who usurped his crowne through his pusillanimity ; this machbed , omitting no kind of libidinousnesse , cruelty , and tyrannizing over the people for yeares space together , trusting to the predictions of certaine wisards , that he should neven be overcome till bernane wood did come to dunsinane castle , and that he should never be slaine by any man borne of a woman . at last mackduffe governour of fiffe joyning himselfe to some few patriots who had escaped this tyrants sword , met at bernane wood , and early in the morning every man bearing a bough in his hand , the better to keepe them from discovery , tooke dunsinane castle by scalado : whence machbed escaping was pursued , overtaken , and urged to fight bp mackduffe , to whom the tyrant replyed in scorne , that in vaine hee attempted his death , for it was his destinie never to be slaine by any man borne of a woman : now then said mackduffe , is thy fatall houre come , for i never was borne of a woman , but violently cut out of my mothers wombe , she dying before i was borne ; which words so daunted the tyrant , though otherwise valiant , that he was easily slaine , and malcolme conmer the true heire of the crowne , seated in the throne . king donald being odious and cruell to his subjects , they sent for duncan malcombes bastard , who expelled him the realme , and was created king in his steed ; who proving harsh , cruell , and imperious to his subjects , fell into their hatred , and was beheaded in the night by marpender earle of murry , corrupted with money by donald to murther him . donald permitting the isles to be taken and possessed by magnus king of norway , and suffering his realme to be wasted by a secret agreement ; thereupon the scots sent for edgar malcombes sonne , to take possession of the crowne , who entring into scotland with small forces , donald being deserted by his people , betooke himselfe to flight , but being apprehended and brought backe to edgar , he was cast into prison , and not long after dyed . king malcolme the fourth , at a parliament at yorke parting with divers of his crowne-lands to king henry without his peoples consents so farre incurred their hatred , that upon his returne they beseiged him at barwick , and almost tooke him prisoner , but by the mediation of some of his councell , who informed the nobles , that the king was by violence & fraud circumvented by the king of england , of the ancient patrimony of the crowne land , they resolved to recover it by war : the scottish nobility affirming , that the king had not any power to diminish or part with any lands appertaining to the crown without all their consents in parliament . this king after some encounters making a peace with the english upon unequall termes , wherein he parted with some of his ancient territories , out of his pusilanimity , against his nobles consent ▪ hereupon he grew so odious and contemptible to them , that they were all weary of his government , and caused many to take up armes and rebell against him . n after the death of king alexander the third there was a parliament summoned at scone to consult about the creating of a new king ; and the government of the realme , during the inter-regnum ; where first of all they appointed fix men to rule the realme for the present , and then heard and discussed the severall titles pretended to the crowne , the finall determination whereof , they referred to king edward the first of england as to the supreame soveraigne lord of the realme : who selecting . scottish , and . english councellors to assist him ; after full hearing , by generall consent of all , adjudged the crown to iohn baylioll , husband to king alexanders nightest kinswoman : the scots considering his simplicity and unaptnes to governe them , and scarce confiding in him being an englishman , and elected by the k. of england , cōstituted them . peers , after the manner of france , to wit , . bishops , . earles , and . lords , by whose advise the king and all the affaires of the realme , were to be governed and directed : he was taken and kept prisoner by the english . a after the death of robert bruce , the scots before their king was crowned , created a vice-roy to govern the realme , who suppressed the theeues , and robbers : edward bayliol sonne to iohn bayliol succeding bruce , was afterwards rejected and deposed by the scots , for adhereing too closely to the english & k. edward , and david bruce elected k. in his place . robert the d. of scotland when a peace was propounded between france , england , and scotland by the pope , willingly consented thereunto , but his nobles being against it , his assent alone was in vaine ; because the king of scotland alone , can make no firme peace nor truce , nor promise which shall bind , but by publike consent in parliament . king robert the d. dying of griefe , for the captivity and imprisonment of his son iames , taken prisoner by our king henry the th . as he was going into france , the scots hereupon appointed robert his uncle , by common consent , for their vice-roy , till iames the ( first of that name ) right heire of the cowne , were enlarged . iames being freed and crowned , summoned a parliament , wherein an ayde was granted him to pay his ransome , with much difficulty : he had many civill wars with his subjects , and at last was murthered by robert grame and his confederats , from whom he received . wounds in his chamber in the night , wherof he presently died . iames the . his son , being but . yeares old at his death , alexander leviston was chosen protector , and william crichton made chancellor by parliament ; which the earle douglas storming at , committed many insolencies in a hostile manner . after which , alexander and his faction opposing the chancellor , and commanding that none should obey him , the chancellor thereupon fortified edenborough castle , and as the king was hunting early in the morning seized upon him with a troop of horse , & brought him to edinburgh castle , where he detained him from the protector till the peace of the kingdom , and present divisions should be setled : which lasting very long by reason of earle douglas his ambition , power , and covetousnes , who raised many grievous civill wars , he was at last stabbed to death by the king himselfe , anno . contrary to his promise of safe conduct to the court , under the kings and nobles hands and seales : wherupon his brethren and confederats , meeting at sterling , resolved to revenge his death , and tied the kings and nobles writing of safe conduct to an horses taile , which they led through the streets of sterling , railing at the king and his councell as they went , and when they came into the market place ( where they had . trumpets sounding ) they by an herald , proclaimed the king and all that were with him , fedifragus , perjured , and enemis of all good men : and then spoiled and burned the towne , co●ntry , with all places else that were firme to the king ; betweene whom and the kings party , a bloody civill warre ( to the spoyle of the countrey ) continued above two yeares space with various successe ; till at last with much difficulty this fire was extinguished and the king casually slaine with the breaking of a cannon : whose sonne james the . being but . yeeres old , was proclaimed king in the campe , and the queen mother made regent , till a parliament might be called to settle the government ; but when the parliament assembled , upon the b oration of kenneth archbishop of saint andrewes shewing the inconveniences and unfitnesse of a womans government , they elected . regents to governe the king and realme during his minority . after which bodius was made vice-roy : this king being seduced by ill courtiers and councellors which corrupted him , thereupon divers of the nobles assembling together , resolved to goe to the court , to demand these ill councellors and seducers of the king and then to execute them ; which they did accordingly , and that with such fury , that when they wanted cords to hang some of them , they made use of their horses bridles , and every one strave who should be forwardest to doe this execution . the king promising reformation , was dismissed ; but in steed of reforming he meditated nothing but revenge , blood and slaughter in his minde ; and plotting secretly to murther the nobles in edenburg , by the helpe of earle duglasse ; he detesting the fact and revealing the treachery , thereupon the nobles who formerly desired onely his reformation , tooke up armes to destroy him , as one incorrigible and implacable ; whereupon they made the kings sonne vice-roy , and knowing the kings perfidiousnesse , would yeeld to no termes of peace , unlesse he would resigne up his crown to his son : which he refusing , thereupon they gave him battle and slew him , as a common enemie . after which calling a parliament , they created his son iames the fourth king ; who comming under the power of the duglasses , rescued himselfe at last from them : and invading england , anno. when he proclaimed oliver sincleer his favorite , generall , the scottish nobility tooke it in such indignation , that they threw downe their weapons and suffered themselves to be taken prisoners ; whereupon the king growing sicke with griefe and anger , soone after dyed . c anno. . mary the daughter of king iames the sixth of scotland , and heire to the crowne , being within age , her mother queene mary , by common consent was made regent , and shee by common consent and councell of the nobles , married to francis dolphine of france . in the meane time there hapning some troubles and warres about the reformed religion , which many of the nobles and people there contented for ; the queene mother , granting those of the religion , a confirmation of their liberties and religion by way of truce for moneths , she in the meane time sends for souldiers out of france , wherewith she endeavoured to suppresse religion , with the remaining liberty of the scots , and to subject them to the french. whereupon the nobles of scotland who stood for the defence of their religion and liberties , by a common decree in parliament , deprived the queene mother of her regencie , make a league with our queene elizabeth , being of the reformed religion , and receiving ayde both of men and money from her , besieged the queene mother in edenburgh castle , where she dyed of griefe and sicknesse . after which they expelled the french , and procured free exercise of the reformed religion . in the meane time francis dying , the queene sends for henry steward out of england , where he and his father had beene exiles ; marries and proclaimes him king , iuly . . which done , she excluded the nobility from her councells , and was wholly advised by david ritzius , a subaudian , whom she brought with her out of france , and did all things by his councell ; wherewith the nobles being much discontented , finding him supping with the queene in a little chamber , commanded him to rise out of the place , which did little become him , and drawing him out of the chamber , stabbed him to death , anno. . the queene soone after was delivered of a sonne and heire , iames the . and then admits iames hepburne earle of bothwell into most intimate familiarity with her , setting him over all affaires of the realm , granting nothing to any petitioner almost but by him ; and her husband steward being dead , ( whether of a naturall death or poyson is yet in controversie ) she married bothwell openly , without the lords and parliaments consents . hereupon the nobles tooke up armes against bothwel and the queen , besieged the queen till she rendred her selfe prisoner , upon this condition ; that she should adjure and resigne her interest in the crowne and kingdome to her infant sonne ; which they compelled her to performe , and appointed iames earle of morton vice-roy , and protector during the kings minority . in the meane time the queene was committed prisoner to the castle of the isle of the lake leuine ; where corrupting duglasse her keeper , the earle of mortons nephew , and a shipmaster , she escaped to the hamiltons in safety , who having raised forces to free her , waited her comming on the shoare : but the vice-roy scattering these forces soone after , the queene thereupon fled into england . anno. . where queene elizabeth taking her expulsion ill , laboured that she might be restored to the crowne , which could not be effected , but by armes ; or mediation ; and neither of them without knowledge of the cause . whereupon the queene sent for the vice-roy and councell of scotland into england , to answere the complaints of their queene against them ; which they did in a writing , ( composed by buchanan , and afterwards printed both in latine and english , ) wherein they shewed the grounds and order of their proceedings against their queene ; wherewith the queene and councell were satisfied , that they had proceeded rightly and orderly : yet to keepe both sides in suspence , she pronounced no definitive sentence : the vice-roy departing into scotland , was afterwards murthered by the hamiltons , and matthew steward earle of leseux made vice-roy in his steed . the queene in the interim treated with thomas howard duke of northfolke , about a match with him , and to seise upon the realm of scotland , whereupon he was committed to the tower , and she restrained ; after which she was solemnly arraigned and condemned to death by the parliament of england for conspiring queene elizabeths death , &c. and for it beheaded at fotherringham castle . feb. . . the history of which queenes life is more at large related by g buchanan and others ; and her imprisonment and deposition professedly justified as lawfull by his treatise , de iure regni apud scotos ( compiled for that purpose ) to which i shall referre the reader . what the lords and realm of scotland have done within these . yeers last past in defence of their religion lawes , liberties , by holding generall assemblies , parliaments , taking up armes , seising the forts and ammunition of the realm , and marching into england , against the kings consent and proclamations , is so fresh in memory , so fully related in the acts of oblivion and pacification , made in both parliaments of england and scotland , ratified by the king himselfe ; and in particular histories of this subject , that i shall not spend time to recite particulars , but will rather conclude from all the premises with the words of r buchanan ; the ancient custome of our ancestors in punishing their kings , suffers not our forcing of the queene to renounce her right unto the crowne to her sonne , to seeme a novelty ; and the moderation of the punishment , shewes it proceeded not from envie : for so many kings punished with death , bonds , banishment by our ancestors , voluntarily offer themselves in the ancient monuments of histories , that we neede no forraigne examples to confirme our owne act : for the scottish nation , seeing it was free from the beginning , created it selfe kings upon this very law , that the empire being conferred on them by the suffrages of the people , if the matter required it , they might take it away againe by the same suffrages ; of which law many footsteps have remained even to our age : for in the islands which lye round about us , and in many places of the continent , wherein the ancient language and constitutions have continued , this very custome is yet observed in creating governours : likewise the ceremonies which are used in the kings inauguration have also an expresse image of this law ; out of which it easily appeares , that a kingdome is nothing else , but the mutuall stipulation betweene the people and their kings : the same likewise may be most apparently understood out of the inoffensive tenor of the ancient law , preserved from the very beginning of raigning among the scots even unto our age ; when as no man in the meane time hath attempted , not onely not to abrogate this law , but not so much as to shake it , or in any part to diminish it : yea , whereas our ancestors have deprived so many kings as would bee tedious to name , of their realme ; condemned them to banishment , restrained them in prisons , and finally punished them with death , yet there was never any mention made of abating the rigor of the law ; neither perchance undeservedly , since it is not of that kinde of lawes which are obnoxious to the changes of times , but of those ingraven in the mindes of men in the first originall of mankinde , and approved by the mutuall consent well-nigh of all nations , which continue unbroken and sempiternall together with the nature of things , and being subject to the commands of no man ; domineere and rule over all men . this law ( which in every action offers it selfe to our eyes and mindes , and dwels in our brests will we , nill we ) our ancestors following , were alwayes armed against violence , and suppressed the unrulinesse of tyrants . neither is this law proper onely to the scots , but common to all well-ordered nations and people : as the athenians , lacaedemonians , romanes , venetians , germanes , danes : which he there manifests by examples . so that i may hence infallibly determine , the realme , parliament , and nobles of scotland , collectively considered , to be the soveraigne power in that realme , superiour to the kings themselves : from whom i shall proceede to scripture presidents , in the kings and kingdomes of the gentiles , israel , and iudah , recorded in scripture . the kings of the gentiles , israel , and iudah . now least any should object , that all the forecited examples and authorities are but humane , and no convincing evidences to satisfie the conscience , that whole kingdoms , states , and parliaments are above their kings , and of greater power then they , i shall therefore ( to close up this posterne gate of evasion ) conclude with scripture presidents , ratifying this truth beyond all contradiction . to begin with heathen kings and states therein recorded . i read in the sam. . and chro. . . that when david with his men offered to go with achish and the philistines against king saul ( his soveraign ) and the israelites to battell , and passed on in there reward with achish ; the princes of the philistines seeing it , said , what do these hebrews here ? to whom achish answered , is not this david the servant of saul king of israel , which hath been with me these years , and i have found no fault in him since he fell unto me unto this day ? hereupon the princes of the philistines were wroth with him , and taking advice together , said to their king achish , make this fellow returne that he may goe again to his place which thou hast appointed him , and let him not go down with us to battell , lest in the battell he be an adversary to us ; for wherewith should he reconcile himself to his master ? should it not be with the heads of these men ? is not this david , of whom they sang one to another in dances , saying , saul slew his thousands , and david his ten thousands ? then achish called david , and said unto him , surely as the ●ord liveth , thou hast been upright , and thy going out and coming in with me in the host is right in my sight , for i have not found evill in thee since the day of thy coming ; neverthelesse the lords favour thee not ; wherefore now return and go in peace , that thou displease not the lords of the philistines , . and when david replied , what have i done , &c. that i may not fight against the enemies of my lord the king ? achish answered him , i know thou art good in my fight as an angell of god , notwithstanding the princes of the philistines have said , he shall not goe vp with vs to battell ; wherefore rise up early in the morning with thy masters servants that are come with thee , and assoon as ye have light , depart ; whereupon they returned . here we see the lords of the philistines did peremptorily overrule their king against his will , who durst not contradict them ; therefore they had a power superiour to his : as will further appear by sam. . , , , , . and ch . . , to . where when the ark of god was taken by the philistines , the lords and people of the philistines ( not the king ) met , consulted , and ordered , how it should be removed from place to place , and at last sent it back again . so ahasuerus the great persian monarch , was advised , over-ruled by his councell of state , as appeareth by the case of queen vashti , ester . and what his princes thought meet to be done , that he decreed and proclaimed , verse , , , . so artaxerxes king of persia did all things of moment , by the advise of his counsellors and princes , ezra . . and chap. . . great nabuchadnezzar king of babylon , ( dan . , . . chap. . , to . ) was for his pride driven from men , put to eat grasse with oxen for aspace , till he knew that the most high ruleth in the kingdoms of men . after which his understanding and reason returned to him , and the glory of his kingdom , and his councellors and lords sought unto him , and established him in his kingdom , he being over-ruled and counselled afterwards by them . so daniel . darius king of the medes and persians , was over-ruled by his lords and princes , even against his will , to signe a decree , and to cast da●iel into the lyons den for breach of it ; and though the king were sore displeased with himself for signing this decree , and set his heart on daniel , and laboured till the going down of the sun to deliver him ; yet the princes assembling and telling the king , a know o king , that the law of the medes and persians is , that no decree nor statute which the king establisheth , ( by the advice of his nobles ) may be changed , ( to wit , by the king alone , without their advise : a clear evidence , that the greatest persian monarchs were subject to the laws of their kingdoms , as well as other princes ; ) whereupon the king commanded , and they brought daniel and cast him into the den of lyons , and a stone was brought and laid upon the mouth of the den , and the king sealed it with his own signet , and with the signet of the lords , that the pvrpose might not be changed concerning daniel . here this great king was even against his will constrained to be subject both to his laws and lords the like we read of pharaoh king of egypt , exod. . , , , . who consulted with his people how to oppresse the israelites , as being unable to do it without their consents and exod. . pharaohs councellors and lords , ( after sundry plagues on the land ) said unto him , how long shall this man ( moses ) be a snare unto us ? let the men go that they may serve the lord their god ; knowest thou not that egypt is destroyed ? whereupon moses and aaron were brought before pharaoh , who said unto them , go serve the lord your god. and esay . . to . surely the princes of zoan are fool● the counsell of the wise counsellors of pharaoh is become brutish : they have also seduced egypt , even they that are the stay of the tribes thereof . they then had an overruling power above their kings . so the great king of nineveh , ionah . , , . proclaimed and published a generall fast thorowout the city , by the decree of the king , and of his great men , making no publike laws , but by their advice and assents . in like manner we read in the sam. . , , . that the princes of hanun king of the ammonites co●selled and overruled him ( out of overmuch suspition ) to abuse davids messengers sent to him in love . and in the kings . . there was then no king in edom , a deputy was king ; the kingdom appointing a deputy then to rule them in stead of a king , and giving him royall authority : and in the kings . . chron. . . in the dayes of ioram , edom revolted from under the hand of iudah ( which had conquered it ) and made a king over themselves : and though ioram smote the edomites , who encompassed him , yet they revolted from under the hand of iudah till this day : the electing and constituting of a king being in their own power . see gen. . . to . and c. . . to . to like purpose . these being all pagan kings and states , i come to the israelites themselves ; wherein for my more orderly proceeding , and refutation of the many grosse erronious assertions of * court doctors and royallists touching the estate and soveraignty of their kings , whom they would make the world beleeve to be absolute monarchs , subject to no laws , to derive all their royall authority from god alone , and no wayes from the people ; to be meerly hereditary and elective , to be above all their people , irresistible in their tyrannicall wicked proceedings , and no wayes subject to their realms and congregations overruling controll , much lesse to their defensive oppositition or deprivation ; i shall digest the whole history of their kings and kingdoms iurisdictions and power into these ensuing propositions , which i shall clearly make good out of scripture , as i propound them in their order . first , that the originall creation and institution of the israelites kings and kingdoms proceeded onely from the power and authority of the people , and that solely by divine permission , rather then institution : this is most apparent by deuter. . , . when thou art come unto the land which the lord thy god giveth thee , and shalt possesse it and dwell therein , and shalt say , i will set a king over me , like as all the nations that are abovt me ; thov shalt in any wise set him king over thee , whom the lord thy god shall chuse ; one from among thy brethren shalt thov set over thee , thov maist not set a stranger over thee , which is not thy brother . where god himself by way of * prophesie of what afterwards should come to passe , expresly declares , first , that the primary motion of changing the government of the iews from iudges and an aristocracy into a kingdom , should proceed from the peoples inclination , as the words , and shalt say , i will set a king over me , &c. import . secondly , that the authority to change the government into a regality , to creat and make a king , resided in , and the authority of the king proceeded meerly from the people , as the words , i will set a king over me , thou shalt set him over thee ; ( four times recited in two verses ; ) manifest beyond dispute . thirdly , that all nations about them who had kings , had the like power to create and make their kings , as the words , like as all the nations that are about me , witnesse . all which is evi●ently confirmed by iosephus , antiqu. iudaeorum , l. . c. . by carolus sigonius de repub. hebraeorum , l. . c. . bertram , cunaeus , * schikardus , and * divers commentators on this text : the history of the change of their state into a kingdom , and of their iudges into kings , added to this prophesie and precept , will leave no place for any scruple . we read in the sam. . that the people growing weary of samuels government who judged them , by reason of the ill government of his sonnes , who tooke bribes , and perverted judgement ; thereupon all the elders of israel gathered themselves together , and came to samuel unto ramah , and said unto him , behold , thou art old , and thy sons walk not in thy wayes , now make vs a king to ivdge vs like all the nations : but the thing displeased samuel , when they said , give us a king to judge us ; and samuel prayed unto the lord ; and the lord said unto samuel , hearken vnto the voyce of the people in all that they say vnto thee ; for they have not rejected thee , but they have rejected me that i should not reign over them ; according to all the works that they have done since the day that i brought them out of egypt , even unto this day ; wherewith they have forsaken me , and served other gods , so do they also unto thee : now therefore hearken to their voyce ; howbeit , yet protest solemnly unto them , and shew them the manner of the king that shall reign over them . and samuel told all the words of the lord unto the people that asked of him a king ; and he said , this will be ( not ought to be ) the manner of the king that shall reign over you , he will take your sons , and appoint them for himself , &c. and ye shall be his servants : and ye shall crie out in that day because of yovr king which ye shall have chosen yov , and the lord will not hear you in that day . neverthelesse , the people refused to obey the voyce of samuel , and they said , nay , bvt we will have a king over vs , that we also may be like all the nations , and that our king may judge us , and go out before us , and fight our battels . and samuel heard all the words of the people , and rehearsed them in the ears of the lord : and the lord said unto samuel , hearken unto their voyce , and make them a king. after which , when god had appointed saul to be their king , b samuel called the people together unto the lord in mizpeh , and recapitulating the great deliverances god had done for them , added , and ye have this day rejected your god , who himself saved you out of all your adversities and tribulations , and ye have said unto him , nay , bvt set a king over vs , &c. and samuel said unto all the people , see ye him whom the lord hath chosen , that there is none like him among all the people ? and all the people shouted and said , god save the king. after which he c expostulated again with them thus , and when ye saw that nahash king of the children of ammon came against you , ye said unto me , nay , bvt a king shall reign over vs , when the lord was your king ; now therefore behold the king whom ye have chosen , and whom ye have desired , &c. that ye may perceive and see that your wickednesse is great which ye have done in the sight of the lord , in asking yov a king . and all the people said unto samuel , pray for thy servants unto the lord thy god that we die not , for we have added unto all our sins this evill , to ask a king . which compared , with hos . . , . i will be thy king , where is any other that may save thee in all thy cities ? and thy iudges of whom thou saidst , give me a king and princes ? i gave thee a king in mine anger , and tooke him away in my wrath : with acts . . and afterward they desired a king , and god gave them saul the son of cis , by the space of forty years . all these concurring sacred texts will infallibly demonstrate , that this change of the iudges into kings , and the originall creation of their kings and kingdoms proceeded only from the importunity and authority of the people , who would not be gainsaid herein , not from gods institution , or samuels approbation , who censured and disavowed this their motion , though they at last condescended to it ; all which is elegantly related , confirmed by iosephus , antiqu. iudaeorum , l. . c. , , , . by all this it is apparent , that the congregation and people of the iews had the soveraign power in themselves , as well as other nations , because the authoritie to alter the whole frame of their former aristocraticall government into a monarchy , resided in them , though they were taxed forchanging it in samuels dayes , who had so justly , so uprightly judged them . secondly , it is apparent , that the iudges and kings of the israelites were not properly hereditary , but oft elective by the people : and though god did sometimes immediately nominate the persons of those that should reign over them , as is apparent by saul , david , ieroboam , iohn , others ; yet the people did constantly confirm , make them kings , and gave them their royall authority , none being made kings by divine appointment , but such as they willingly accepted , approved , confirmed for their kings ; gods previous designation being but a preparative to their voluntary free ( not restrained or limited ) election . the first king among the israelites ( though but over part of them ) was abimelech the son of ierubbaal , who was made king by the peoples election , iudges , . , to . who having perswaded those of sechem to elect him for their king , thereupon all the men of sechem gathered together , and all the hovse of millo went and made abimelech king : whence iotham thus upbraided them and him , verse . to : then said all the trees unto the bramble , come thou and reign over us : and the bramble said unto the trees , if in truth ye annoint me king over you , then come and put your trust in my shadow , &c. now therefore if ye have done truly and sincerely in that ye have made abimelech king , &c and that ye have risen up against my fathers house this day , and have made abimelech king , &c. we read iudg. . , . that after gideon had slain zebah and zalmunna , with the midianites , the men of israel said unto gideon , rule thou over us , both thou and thy sons , and thy sons son also , for thou hast delivered us from the hand of midiar . and gideon said unto them , i will not rule over you , neither shall my son rule over you , the lord shall rule over you . where we clearly see , the power and right to elect a ruler , and to limit the government to him and his issue , for three generations only , to reside in the peoples free election . so iudges . , . and chap. . . to . when the children of ammon were gathered together and encamped against gilead , the people and princes of gilead said one to another , what man is he that will begin to fight against the children of ammon , he shall be head over all the inhabitants of gilead . and the elders of gilead went to fetch iephthah out of the land of tob , and said unto him , come and be our captain that we may fight with the children of ammon , and be our head over all the inhabitants of gilead : vpon promise of which dignitie , he went with them to gilead ; and the people made him head and captain over them . that the election and making of their kings belonged of right to all the people , is past dispute , being so resolved by god himself , deuter. . , . when thou art come into the land , &c. and shalt say , i will set a king over me , like as all the nations that are about me , thov shalt in any wise set him king over thee whom the lord thy god shall choose ; one from among thy brethren shalt thov set over thee , thov maist not set a stranger over thee : where the power of creating and electing the king , is left wholly to the peoples free choice , with these generall restrictions , that he should be one of their brethren , not a stranger , and particularly qualified as is there expressed . and though god did sometime design and nominate their kings , yet he left the power of approbation and ratification of them free to the people , as is apparent by sa. . . and ye shall crie in that day , because of the king which ye shall have chosen you . hence saul their first king , though nominated and designed by god and samuel , was yet approved , confirmed and made king by the people . who shouted and said , god save the king , when samuel presented him to them ; sam. . . d but the children of belial despising and bringing him no presents , verse . after saul had conquered the ammonites , who besieged iabesh gilead ; the people said unto samuel , who is he that said , shall saul reign over us ? bring the men that we may put them to death . then saul said , there shall not a man be put to death this day ; for this day the lord hath wrought salvation in israel . then said samuel to the people , come let us go to gilgal , and renew the kingdom there . and all the people went to gilgal , and there they made savl king before the lord in gilgal : where samuel useth this speech to the people , concerning saul , e now therefore behold the king whom ye have chosen , and whom ye have desired , the lord hath set a king over you : ( so that the choice and election of him , was as well theirs as gods : ) and verse . he calls him your king , because chosen and made by , as well as for the people . saul being slain by his owne hands , the crown descended not to his sonne by way of descent , but david succeeded him by gods designation , and the peoples election too ; by whose authority he was made and crowned king , being formerly * annointed by samuel to succeed saul . this is irre●ragable by the sam. . . where david going up to hebron by gods direction , the men of iudah came , and there they annointed david king over the house of iudah . after which samuel . . . . all the tribes of israel came to david to hebron , and spake saying , behold we are thy bone and thy flesh . also in time past , when saul was king over us , thou wast he that leddest out and broughtest in israel ; and the lord said to thee : thou shalt feed my people israel , and thou shalt be a captain over israel . so al the elders of israel came to the king at hebron , and king david made a league ( or covenant ) with them before the lord ; and they annointed david king over israel . and in the chron. . . to . wee have a particular recitall of the numbers of the bands that were ready armed to the warre , and came to david to hebron to tvrn the kingdome of saul to him ; and came with a perfect heart to hebron to make david king over all israel ; and all the rest also of israel were of one heart to make david king : whose title to the crown being afterward shaken by his sonne absalom , who cunningly usurped it , ( and that by the election of the people too ; as is evident by hushai his speech unto him , sam. . . nay , but whom the lord , and this people , and all the men of israel choose , his will i be , and with him i will abide , compared with . sam. . , . and all the people were at strife thorow all the tribes of israel , saying ; absalom whom we anointed over vs is dead , &c. a cleare evidence the kingdome was then held elective , and that the people had the soveraign power of electing and creating their kings ; ) f all the people throughout all the tribes of israel and the men of iudah , to re-establish david in his throne , being fled out of the land , sent this message to him ; returne thou and all thy servants : whereupon the king returned , and all the tribes went as farre as iordan to meet and bring him back again to gilgal . david growing old , his son g adonijah , against his consent , accompanied with some great officers and courtiers of his party , usurped the crown , and was by them saluted king ; but david hearing of it , by gods election and choise , commanded solomon ( though not his eldest sonne ) to be annointed and proclaimed king , and to sit upon his throne in his life time : as soon as he was anointed and the trumpet blew ; all the people said , h god save king solomon . and all the people came up after him , and piped with fluits , and rejoyced with great joy , so that the earth rent with the sound of them ; so that all adonijah his company forthwith deserted him , and he and ioab were glad to flee to the hornes of the altar for shelter . after which , david assembled all the princes of israel , the princes of the tribes , the captaines of companies , thousands and hundreds , the stewards , officers , and mighty men , with all the valiant men of his kingdome , to ierusalem ; then he declared to all the congregation , i that god had chosen solomon to sit upon the throne of the kingdome of the lord over israel , and to build him an house , &c. exhorting them to contribute liberally towards this building , which they did ; and when they had blessed the lord , and offered sacrifices to him all the congregation made solomon the sonne of david king the second time , and anointed him unto the lord , k to be the chiefe governovr ( his first coronation being but private without the presence and consent of the whole realme , but of those only then present in ierusalem : ) then solomon sate on the throne of the lord , as king , instead of david his father , and all israel obeyed him ; and all the princes , and mighty men , and likewise all the sonnes of david submitted themselves to him as th●●r king : after he was thus generally elected and crowned king the . time by all the congregation . and after davids death , he was l established and strengthened in his kingdome by the peoples voluntary admission and free submission to him . from which history of solomon it is cleare . . that though david caused solomon to be first crowned king privately to prevent adonijah his usurpation ; yet hee thought that title not sufficient without a second election , admission , and coronation of him by all the people and generall congregation . . that till this his second inauguration by all the people , he was not generally acknowledged , nor obeyed by all as their lawfull king . . that gods and davids designation of solomon to the crown , did not take away the peoples liberty , right and power , freely to nominate , make , and choose their kings ; their preuious designation being thus accompanied with this tacit condition , that the people likewise should freely elect , constitute , and crown him for their king , else what need of this their subsequent concurrent acceptance and second coronation of him for their king , by all the congregation , if their consents and suffrages were not necessary ? or how could he have raigned over them as their lawfull king , had not the people generally chosen , accepted , admitted him for their soveraigne ? solomon deceasing , m rehoboam his eldest sonne went up to sechem : ( what to doe ? not to claime the crown by discent from his father , but by election from the people , as the following history manifests ; ) for all israel were come to sechem to make him king : if to make him king , then he was no king before they had made him , as many divines most sottishly averre against the very letter of the text n and iosephus ; ( who writes , that it pleased the assembly of the israelites there held , that hee should receive the kingdom by the peoples consent . ) and ieroboam and all the congregation of israel came and spake unto rehoboam , saying , thy father made our yoake grievous : now therefore make thou the grievous service of thy father , and his heavy yoake which he put upon us lighter , and we will serve thee : ( because naturally subjects delight in mild kings , who will somwhat descend from their altitudes , saith n iosephus . ) this was the condition they propounded to him before they would accept him for their king , and upon this condition only would they admit him to reigne over them ; therefore doubtlesse the disposall of the crown and limitation of the kings royall power resided in all the congregation , who had authority to prescribe their kings what equall and just conditions they pleased . and he said unto them , depart yet for three dayes , then come again to me ; and the people departed . hereupon rehoboam consulted with the old men that stood before solomon his father , while he lived , and said , how doe you advise that i may answer this people ? and they spake unto him , saying ; if thou wilt be a servant unto this people this day , and wilt serve them and answer them , and speak good words to them then they will be thy servants for ever ; but he forsooke the counsell of the old men , which they had given him , and consulted with the young men that were grown up with him , and which stood before him , and following their ill advise : when ieroboam and all the people came to rehoboam the third day , as he had appointed ; the king answered the people roughly ; and forsaking the old mens counsell , he spake unto them after the counsell of the young men , saying ; my father made your yoake heavy , and i will adde to your yoake ; my father chastised you with whips , but i will chastise you with scorpions . wherefore the king hearkned not unto the people , for the cause was from the lord , &c. so when all israel saw that the king hearkned not vnto theme the people answered the king ( through indignation with one voyce , writes iosephus , saying ; what portion have we in david ; neither have wee inheritanc ) in the sonne of iesse , ( that is , we have not intailed our subjection nor the inheritance of this our realme to david and his seed for ever , but are still free to elect what king we please ; ) to thy tents o israel . now see to thine house , david : so israel departed to their tent. but as for the children of israel which dwelt in the cities of judah . rehoboam reigned over them : ( the tribes of iudah and beniamin choosing him their king by their common svffrages , writes iosephus . ) then king rehoboam sent adoram who was over the tribute ( to excuse saith iosephus , the petulancy of his young tongue , and to appease the mindes of the enraged vulgar : ) and all israel stoned him with stones that he dyed : therefore king rehoboam ( imagining truly , that himselfe was stoned in his servant , and fearing lest the once conceived hatred should be poured out on his own head , tremblingly getting up into his chariot , as hastily as he could ) made speed to flee to ierusalem . p so israel fell away from the house of david unto this day . and it came to passe when all israel heard that ieroboam was come again , that they sent and called him unto the congregation , and made him king over all israel , &c. ( it being so preordained by god , king. . . to . ) loe here the whole congregation , or parliament of israel , if i may so stile it , had full and free power to reiect rehoboam from the crown , for refusing to subscribe to their conditions ; to elect ieroboam for their lawfull king , and erect a new kingdome of their owne , divided ever after from that of iudah : which action i shall prove anon to be lawfull , warranted by gods owne divine authority , and no sinne , nor rebellion at all in the people ; who never admitted rehoboam for , or submitted to him as their lawfull soveraigne . so iehu having slain king ioram , ahabs eldest sonne , sent a letter to samaria where his other . sonnes were brought up , to the rulers and elders there , wishing them to look out the best and meetest of their masters sonnes , and set him on his fathers throne , and fight for their masters house : but they being exceedingly afraid , said ; two kings could not stand before him , how then shall w● stand ? and sent word to iehu , we are thy servants , and will doe all that thou shalt bid us ; we will not make any king . a clear evidence that the kingdom was then elective , and that they had power to choose the meetest man ( not eldest brother ) for their king . after this , q zimri slaying baasha king of usrael , and usurping the crown , the people then encamped about gibbethon hearing of it , that zimri had conspired and also slain the king ; wherefore all israel made omri captain of the host king over israel that day in the campe , who burnt zimri in his palace : then were the people divided into two parts : halfe of the people followed tibni to make him king , and halfe followed omri : but the people that followed omri prevailed against the people that followed tibni ; so tibni dyed , and omri reigned , being made king onely by the peoples free election , without any divine designation . so r ioash the sonne of ahaziah , when athaliah had usurped the crowne and kingdome of iudah neer seven yeers space , was made king , anointed and crowned by iehoiadah the high priest , the captaines of hundreds , and all the people of the land , ( who rejoyced at it ) when he was but . yeeres old , and athaliah was apprehended , deposed , and murthered by them as an vsurpresse . ſ so amaziah king of iudah being slain by a conspiracie at lachish all the people of ivdah tooke vzziah who was but . yeers old , and made him king instead of his father . t vzziah king of iudah being smitten with leprosie unto the day of his death , dwelt in a severall house , iotham his son ( in the mean time by common consent ) was over this house , judging the people of the land : v ammon king of iudah being slain by his own servants , the people of the land slew all them that had conspired against ammon : and the people of the land made iosiah his sonne king in his stead . and after x iosiah his death , the people of the land took iehoabaz the sonne of iosiah and made him king in his fathers stead in ierusalem . from all which sacred texts and presidents ; as likewise from hosea . . they have set vp kings , but not by mee ; they have made princes , and i knew it not ; it is most apparant , that the kings of israel and iudah , were usually elected by , and derived their royall authority from the people , who made them kings , and received not their kingdomes and crowns immediatly from god himself by a divine right : which may be further conmed by the . macab . . . . . after the death of iudas maccabeus ; all iudas his friends came unto ionathan his brother , and said unto him , since thy brother iudas dyed , we have none like to him to goe forth against our enemies : now therefore wee have chosen thee this day to be ovr prince and captain in his stead , that thou maist fight our battells . vpon this ionathan took the government on him at that time . after ionathans death , the people said unto simon his brother with a lowd voyce , mac. . . . thou shalt be our leader instead of iudas , and ionathan thy brother ; fight thou our battels , and whatsoever thou commandest us , wee will doe . and the iewes and priests were well pleased that simon should be their governour , captain , and high priest ; and simon accepted thereof , mac. . . to hence carolus sigonius de repub. hebraeorum , l. . c. . writes , that the kings of the israelites were created by the suffrages of the people ; that the kingdome of israel was translated to divers families for their idolatry ; that although the kingdome of iudah were in some sort hereditary , yet it was confirmed by the suffrages of the people ( which he proves by the example of rehoboam and others ) and that they obtained the royall dignity not onely by inheritance , but likewise by the suffrages of the people , as every one may clearly know , who shall but consider the histories of their kings ; which plainly refutes the wild , impudent , false assertion of the author of an appeale to thy conscience , newly published , p. . where thus he writes : observable it is , that thorowout the whole scriptures we read not of any king ( i doubt hee never read the scriptures , else he could not be so grossely mistaken ) that was chosen by the voyce of the people : nor of an aristocracy , that is , where the nobles govern , nor of a democracy , that is where the people govern . and therefore let them consider how they can answer it at the last day , who shall endeavour to change an hereditary kingdome into an elective , or any other forme of government whatsoever : that the people doe properly and absolutely make a king is false , &c. but had this illiterate ignoramus seriously perused the precedent or subsequent texts here cited , with the best commentators on them , or read over advisedly , iosh . . iudges . . c. . . c. . . c. . throughout ; with the books of ezra , nehemiah , judges , esther , maccabees , the four euangelists touching christs arraignment and death , acts . . . . . and chapters or consulted with josephus , philo , paul eber , godwin , cunaeus , sigonius , bertrā , or any others who have written of the jewish antiquities of republike , he could not have had the impudency to have published such grosse untruths , and should have found not onely divers kings in scripture created by the voyce of the people , but an hereditary kingdom oft changed into an elective , yea into an aristocraticall and no royall government ; and an aristocracie and democracy to , even among the jews themselves , whose government before their kings : was meerly aristocraticall , as iosephus antiqu. jud. l. . c. . carolus sigonius de repub. hebr. l. . c. . cunaeus , schickardus , bertram , paul eber , and all * others that i have seen , except this animal irrationale risibile , punctually determine , they having no kings of their own before saul , nor any after zedekiah . therefore i shall spend no more waste paper to refute this palpable errour , so confidently asserted by parisiticall court doctors , who make no conscience of writing any , though the grossest untruths , which may advance the absolute soveraign arbitrary tyrannicall government of kings , to oppresse and inslave the people . thirdly , that the kings of iudah and israel were * no absolute soveraign princes , but took their crown with and upon such divine conditions , for breach whereof they and their posterities were oft times by gods command , just judgement , and speeiall approbation deposed , disinherited , destroyed , and the crown translated to other families . this is evident by direct scriptures , deuter. ● . . to the end . thou shalt in any wise set him king over thee whom the lord thy god shalt chuse ; one from among thy brethren shalt thou set king over thee ; thou maist not set a stranger over thee , which is not thy brother . here is an expresse limitation and condition in respect of the person of the king ; the conditions in regard of his royall administration follow , which are partly negative , partly positive , but he shall not multiplie horses to himself , nor cause the the people to return to egypt , &c. neither shall he multiply wives to himself , that his heart turn not away ; neither shall he greatly multiply to himself silver and gold . and it shall be when he fitteth on the throne of his kingdome , that he shall write him a copie of this law in a book , out of that which is before the priests the levites ; and it shall be with him , and he shall read therein all the dayes of his life , that he may learn to fear the lord his god , to keep all the words of this law , and these statutes to do them ; that his heart be not lifted up above his brethren , and that he turn not aside from the commandment to the right hand or to the left , to the end that he may prolong his dayes in his kingdom , he and his children in the midst of israel . here all the kings of the israelites when their kingdoms should be erected , are strictly bound by god himself to negative and positive conditions , upon performance whereof , they and their children should prolong their dayes in the kingdom , and perpetuate their thrones in the midst of israel , and upon breach whereof they and their posterity should lose both their lives and kingdom to ; as the last clause insinuates , and the subsequent texts in direct terms averre . but what if the king should violate these conditions , might the people lawfully resist him ? a iosephus in his paraphrase on this very text , which i shall cite at large , resolves they might ; truely the government of the best men ( or aristocraticall government ) is best ; and to live in a republike thus administred , nor is there cause why you should desire any other kinde of goverment , but it is best , that contenting yur selves with this , you continue within the power of your laws and of your selves : but if the desire of a king shall possesse you , let there be none unlesse he be of your stock , and blood , and one to whom justice , with other vertues , are cordiall : he whosoever he shall be , let him attribute more to the lawes and unto god , than to his own wisedome , and let him do nothing without the high priests and senates advice ; neither may he nourish many wives , nor possesse very much money , and many horses , with the plenty of which things he may easily become a contemner of the laws ; and if he shall addict himself to these things more then is meet , obstandvm est , ne potentior fiat quam rebus vestris expedit , he is to be resisted , lest he become more potent then is expedient for your affairs : so he . yea b zuinglius with c b. bilson expresly resolve , that the people were bound to resist , question and depose their kings for their idolatry , and breach of these conditions ; and that god himself justly punished them for manasses sins and wickednesse , because they resisted and punished him not for them , as they were obliged to do ; as i have d elswhere manifested , to which i shall refer you . this condition most clearly appears in other texts ; as in the sam. , , , , . where when saul the first king of the israelites was crowned at their earnest importunity , against gods and samuels approbation , samuel used these speeches to them , now therefore behold the king whom ye have chosen , and whom ye have desired , &c. if ye will fear the lord and serve him , and obey his voyce , and not rebell against the commandment of the lord , then shall both ye and also the king that reigneth over you continue following the lord your god. but if ye will not obey the voice of the lord , but will rebell against the voyce of the lord , then shall the hand of the lord be against you , as it was against your fathers , &c. but if ye shall do wickedly , ye shall be consumed both ye and your king. after this saul being distressed by the philistines , weary of staying for samuel , and presuming to offer sacrifice without him , hereupon e samuel said to saul , thou hast done foolishly , for thou hast not kept the commandment of the lord thy god , which he commanded thee , for now would the lord have established thy kingdom upon israel for ever ; but now thy kingdom shall not continve , for the lord hath chosen him a man after his own heart , and the lord hath commanded him to be captain over his people , becavse thov hast not kept that which the lord commanded thee , lo here the breach of gods conditions by king saul , forfeited his kingdom , and disinherited his posterity of it . so when he performed not gods command , in utterly destroying amalek , sparing agag and the best of the things ; samuel sharply reprehending him for this offence , said unto him , f behold , to obey is better then sacrifice , and to hearken than the fat of rams ; for rebellion ( namely , king sauls rebellion against gods command , not subjects rebellion against their prince , not so much as once dreamed off in this text as court doctors grosly mistake , and so miserably pervert this scripture contrary to the sence and meaning , translating it from kings to subjects , from king rebellion against god , to subjects rebellion against men ) is as the sin of witchcraft , and stubbornnesse is as iniquity and idolatry . becavse thou hast rejected the word of the lord , he hath also reiected thee from being king : i will not return with thee , for thou hast rejected the word of the lord , and the lord hath reiected thee from being king over israel ; the lord hath rent the kingdom of israel from thee this day , and hath given it to a neighbour of thine , that is better then thou . also the strength of israel will not lie nor repent , for he is not as men , that he should repent ; ( to wit , of renting the kingdom from him ) though he repented that he had made saul king over israel , because he turned back from following him , and performed not his commandments , sam. . . . after which g god said to samuel , how long wilt thou mourn for saul , seeing i have reiected him from reigning over israel ? fill thine horn with oyl , and i will send thee to iesse the bethlemite , for i have provided me a king among his sons ; whereupon he went and annoynted david , who succeeded him in the kingdom , sauls posterity being utterly disinherited for his recited sins . after this when god setled the kingdom upon david and his seed after him , it was upon condition of obedience , and threatning of corrections even by men , if they transgressed : h the lord telleth thee , that he will make thee an house ; and when thy dayes be fulfilled , and thou shalt sleep with thy fathers , then i will set up thy seed after thee , which shall proceed out of thy bowels , and i will establish the throne of his kingdom for ever ; i will be his father , and he shall be my son ; if he commit iniquity , i will chastife him with the rod of men , and with the stripes of the children of men : ( that is , i will not chasten him immediately by my self , but by men my instruments , even by ieroboam , and his own subjects the ten tribes , or other enemies whom i will raise up against him and his posteritie , kings . , to . ) but my mercy shall not depart away from him , as i took it from saul , whom i put away before thee : and thine house and thy kingdom shall be established for ever before thee : yet still upon condition of obedience , as is most apparent by davids speech to king solomon , chron. . , , , , . and the lord hath chosen solomon my son , to set him upon the throne of the kingdom of the lord , over all israel ; and he said to me , &c. moreover , i will establish his kingdom for ever , if he continue constant to do my commandments , and my ●udgements , as at this day . now therefore in the sight of all israel , the congregation of the lord , and in the audience of our god , keep , and seek for all the commandmens of the lord your god , that ye may possosse the good land , and leave it for an inheritance for your children after you for ever . and thou solomon my son , know thou the lord god of thy father , and serve him with a perfect heart , and with a willing minde ; for the lord searcheth all hearts , and understandeth all the imaginations of the thoughts , if thou seek him , he will be found of thee , but if thou forsake him , he will cast thee off for ever ; notwithstanding the former covenant and establishment , which was but conditionall , not absolute , as the renting of the ten tribes from his son , and the determining of the very i kingdom of iudah it self in zedekiah , ( after which it never returned any more to davids line ) infallibly evidence . hence we read in the kings . that solomons idolatrous wives , turning away his heart from following the lord , and drawing him to commit idolatry in his old age ; hereupon the lord grew angry with solomon ; wherefore the lord said unto him ; for as much as this is done of thee , and thou hast not kept my covenant and my statutes which i have commanded thee , i will surely rend the kingdom from thee , and will give it to thy servant ; notwithstanding in thy dayes i will not do it , for david thy fathers sake ; but i will rend it out of the hand of thy son : howbeit i will not rend away all the kingdom , but will give one tribe to thy sonne , for my servant davids sake , and for jerusalems sake which i have chosen . in pursuance whereof the prophet ahijah rending ieroboams garment into peeces , said to ieroboam , take thee ten peeces , for thus saith the lord the god of israel , behold , i will rend the kingdom out of the hand of solomon , and will give ten tribes to thee ; becavse that they have forsaken me , and have worshipped the goddesse of the zidonians , &c. and have not walked in my wayes , to doe that which is right in mine eyes , to keep my statuts and my judgements , as did david his father ; howbeit i will not take the whole kingdome out of his hands ; but i will make him prince all the dayes of his life , for david my servants sake whom i chose , because he kept my commandements and my statutes : but i will take the kingdome out of his sonnes hand , and give it unto thee , even ten tribes . and unto his sonne will i give one tribe , that david my servant may have a light alway before me in ierusalem , the city which i have chosen to put my name there . and i will take thee , and thou shalt reigne according to all that thy soule desireth , and shalt be king over israel . ( but what , without any limitation or condition at all think you ? no such matter : ) and it shall be if thov wilt hearken vnto all that i command thee , and wilt walk in my wayes and doe that is right in my sight , to keep my statutes and my commandements , as david my servant did , that i will be with thee , and build thee a sure house , as i built for david , and will give israel to thee : and i will for this afflict the seed of david , but not for ever . loe here both kingdomes of iudah and israel , are given and entailed on david , solomon , and ieroboam onely upon condition of good behaviour ; which not performed , they shall be rent from either : and was this only a vain idle condition , as some deem the covenants and coronation oathes of kings to god and their kingdoms ? surely no , for we read experimentall verifications of them in king rehoboam ; k who answering all the people and ieroboam when they came to sechem to make him king , roughly , according to the counsell of the young men , and threatning to adde to their yoake , instead of making it lighter ; and hearkning not unto the people , ( for the cavse was from the lord , that he might perform his saying , which he spake by abijah the shilomite unto ieroboam the sonne of nebat ; ) thereupon , when all israel saw , that the king hearkned not unto them , the people answered the king , saying ; what portion have we in david ; neither have we inheritance in the son of ●esse ; to your tents o israel ; now see to thine own house david ; so israel departed to their tents , stoned adoram who was over the tribute , whom rehoboam sent to appease them ; whereupon rehoboam made speed to get him into his chariot to flee to ierusalem : so all israel fell away from the house of david to this day ; and calling ieroboam unto the congregation , made him king over all israel : there was none that followed the house of david , but the tribe of iudah onely . vpon this revolt , when rehoboam was come to ierusalem , he assembled all the house of iudah , with the tribe of benjamin , an hundred and fourescore thousand chosen men which were warriers to fight against the house of israel , to bring the kingdome again to rehoboam the sonne of solomon : but the word of god came unto shemaiah the man of god , saying , speake unto rehoboam the sonne of solomon king of iudah , and unto all the house of iudah and benjamin , and to the remnant of the people , saying : thus saith the lord ; yee shall not goe up , nor fight against your brethren the children of israel : return every man to his house , for this thing is done by mee . they hearkned therefore unto the word of the lord , and returned to depart , according to the word of the lord. behold here an experimentall for feiture of a kingdome , and translation of the major part of it to another family , for solomons idolatry , executed by the peple through gods appointment ; which being fore-threatned in the generall by god himselfe to david , and by david to solomon in case he transgressed , predicted by way of menace to solomon and ieroboam , by god himselfe and his prophets after solomons transgression , executed by the people by gods speciall direction and approbation ; and thus owned and justified by god in the peoples behalfe after the execution , when rehoboam would have made war against them for this revolt , must certainly be acknowledged , not only a iust and warrantable action in respect of god himselfe , but likewise of the people , unlesse we will make god himselfe the author and approver of rebellion . by all which it is apparant , that solomon and rehoboam held their crownes onely upon condition from god , the breach whereof might and did forfeit them to the people in some measure : and so did ieroboam too , hold the kingdome of israel newly erected by the people after this revolt , upon the conditions of obedience , already mentioned , which being violated by his l setting up calves in dan and bethel , out of an unwarrantable policy to keep the people from returning to rehoboam if they went up to ierusalem to worship ; this thing became sin to the house of ieroboam , even to cut it off and destroy it from off the face of the earth , king. . . for ieroboam committing idolatry with the calves , ahijah the prophet sent him this sharp message by his wife , k. . , , , , . go tell jeroboam , thus saith the lord god of israel , for as much as i exalted thee from among the people , and made thee prince over my people israel , and rent the kingdom away from the house of david , and gave it thee , yet thou hast not been as my servant david , who kept my commandements , and who followed me with all his heart , to do that onely which was right in mine eyes , but hast done evill above all that were before thee ; for thou hast gone and made thee other gods , and molten images , to provoke me to anger , and hast cast me behinde thy backe ; therefore behold i will bring evill upon the house of ieroboam , and will cut off from ieroboam him that pisseth against the wall , and him that is shut up and left in israel , and will take away the remnant of the house of ieroboam , as a man taketh away dung till it be gone : him that dieth of ieroboam in the the citie shall the dogs eat , and him that dieth in the field shall the fowls of the ayre eat , for the lord hath spoken it . moreover , the lord shall raise him up a king ●ver israel , who shall cut off the house of ieroboam in that day . neither was this an unexcuted commination , for ieroboam dying , and m nadah his sonne succeding him both in his kingdom and idolatri●s , wherewith he made israel to sinne , baasha ( by gods just judgement ) conspired against him , slew him , reigned in his stead ; and when he reigned he smote all the house of ieroboam , so that be left not to him any that breathed ; according to the saying of the lord which he spake by his servant abijah ; because of the sins of ieroboam which he sinned , and which he made israel sin , by his provocation wherewith he provoked the lord god of israel to anger . after which n baasha walking in the wayes and sins of ieroboam notwithstanding this exemplary judgement of god on him and his posteritie , the word of the lord came to iehu sonne of hannani , against baasha , saying , forasmuch as i exalted thee out of the dust , and made thee prince over my people israel , and thou hast walked in the way of ieroboam , and hast made my people of israel to sinne , to provoke me to anger with their sins ; behold , i will take away the posterity of baasha , and the posteritie of his house , and will make his house like the house of ieroboam the son of nebat ; him that dieth of baasha in the city shall the dogs eate , and him that dieth in the field shall the fowls of the ayre eate : which judgement was actually executed upon his evill sonne king elah , whom zimri the captain of his chariots slew , as he was drinking himself drunk in the house of arza steward of his house , and reigned in his stead ; and assoon as he sat in his throne , he slew all the house of baasha , he left him none that pissed against the wall , neither of his kinsfolks , nor of his friends . thus did zimri destroy all the house of baasha , according to the word of the lord , which he spake against baasha , by iehu the prophet , for all the sinnes of baasha , and the sins of elah his son , by which they sinned , and by which they made israel to sinne , in provoking the lord god of israel to anger with their vanities . n king omri and ahab his sonne going on in the sinnes of ieroboam , serving baal to boot , persecuting gods prophets , putting naboth most injuriously to death for his vineyard , by iezabels instigation , and setting himself to work evill in the sight of the lord , above all that were before him : hereupon the prophet elijah tells him , o thus saith the lord , behold , i will bring evill upon thee , and will take away thy posterity , and will cut off from ahab him that pisseth against the wall , and him that is shut up and left in israel , and will make thine house like the house of ieroboam the son of nebat , and like the house of baasha the sonne of ahijah , for the provocation wherewith thou hast provoked me to anger , and made israel to sinne : and of iezabel also spake the lord , saying , the dogs shall eat iezabel by the wall of iezreel ; him that dieth of ahab in the city the dogs shall eat , and him that dieth in the field shall the fowls of the ayre eate . neither was this a vain threatning , for ahab being slain at ramoth gilead , p the dogges licked up his blood in the place where they licked the blood of naboth ; and iehoram his son succeeding him , both in his throne and sins , q god himself annoynted iehu king over israel , of purpose to execute this his vengeance against the house of ahab and iezabel ; who in execution thereof slew both king iehoram , ahaziah king of iudah , iezabel , and all ahabs sons and posteritie , his great men , nobles , with all the priests and worshippers of baal , till he left none of them remaining : for which severe execution of gods iustice , the lord said unto iehu , r because thou hast done well in executing that which is right in mine eyes , and hast done unto the house of ahab according to all that was in mine heart , thy children of the fourth generation , shall sit on the throne of israel . which action of iehu being thus specially commanded , commended , and remunerated with such a temporell reward by god himself , must questionlesse be lawfull , and no treason nor rebellion in iehu , unlesse we will charge god to be both the author , approver and rewarder of those sinnes . after this ſ iehu walking in the sins of ieroboam , though god deprived him not for it , yet he stirred up hazael to spoil and waste his countrey , during all his reigne , and the reigns of king iehoahaz his son and ioash his granchilde , who succeeded him in his idolatries ; and zechariah the last king of iehu's race , going in his ancestors sinnes , was slain by shallum , who reigned in his stead . t shallum , pekahiah , and pekah three wicked idolatrous kings of israel , were by gods just judgement , successively slain one of another , and by hoshea . so that all the kings of israel , who violated gods covenants and conditions annexed to their crowns , did for the most part lose their lives , crownes , and underwent the utter extirpation of their posterities , being totally cut off by the sword , neither succeding their parents in their crowns nor inheritances . and though the royall crown of iudah continned in davids line till the captivity of zedekiah , the last king of his race ; yet when ever they infringed the conditions which god annexed to their crownes , and turned idolaters or flagitious persons , god presently ( by way of revenge ) either brought in forraigne enemies upon them , which mastered , conquered them , and sometimes deposed and carried them away captives , or made them tributaries , as the examples of king v rehoboam , afflicted by shishak king of aegypt , for his sinnes and idolatry , and by ieroboam all his dayes , x of ahijam , y iehoram , z alaziah , a ioash , b amaziah , c ahaz , d manasseh , e iehoahaz , iehoiakim , iehoiachin , and zed●chiah , ( whose histories , troubles , capti●ities and punishments you may reade at large ) with others witnesse : or else caused their own servants , subjects , enemies to rise up against them , to slay them , as is evident by ( e ) king ahaziah , ioash ; amaziah , ammon , and others . all which are unanswerable evidences and experimentall demonstrations , that the kingdoms of iudah and israel were both held of god upon conditions , and that for the breach of these conditions they might be , and oft times were ( by gods iustice on them ) both lawfully deprived of their crownes , and their posterities , disinherited , yea , totally cut off for ever ; and in conclusion , both these most eminent kingdoms , for the sins of kings and people , were invaded , destroyed , and both kings with people carried away captives by their enemies , into forraigne countries , from whence the whole nation never afterwards returned , nor ever after attained to a king and kingdom of their own : so fatall is it for kings , or kingdoms to break those covenants , laws , conditions which god himself hath prescribed them ; and so far are any kings from being exempted from all laws , and left at libertie to do what they please , that the breach of them proves destructive to them and theirs . i shall onely adde to this by way of corollary , that all the israelites rulers , kings , people did joyntly and severally for f themselves for the whole nation in generall , and every of them in particular , frequently enter into solemn vowes and covenants with god , to serve the lord , to be and conttnue his people ; to seek the lord god fo their fathers with all their heart , and with all their soul ; that whosoever would not seek the lord god of israel , should be put to death , whether small or great , whether man or woman . ( not the king or queen excepted ; ) and they sware unto the lord with a loud voice , and with shouting , and with trumpets , and with cornets , and all rejoyced at the oath , for they had sworn with all their hearts . witnesse the g covenant made by ioshua and all the people , to serve the lord ; by samuel , saul , and all the people at sauls coronation , and by king asa and all his people , to seek the lord , &c. ( who in pursuance thereof removed his mother maacha from being queen , because she had made an idol in a grove , and cut down her idol , and stampt it , and burnt it at the brook kidron , chron. . . of king david , h solomon , and all the people at solomons coronation ; between i king iehoash ; iehoiada and all the congregation at his inauguration , that they should be the lords people : in pursuance whereof all the people went to the house of baal , and brake it down , and brake his altars and images in pieces , and slew mattan the priest of baal before the altars ; between k hezekiah and all his subjects and god ; between l iosiah and all that were present in ierusalem and benjamin and gad , who made a covenant before the lord , to walk after the lord , and to keep his commandments , and his testimonies , and his statutes , with all their heart , and with all their soul , to perform the words of the covenant formerly written in the book of the covenant that was found in the house of the lord ; in execution whereof iosiah tooke away all the abominations out of all the countrey that pertained to the children of israel , and made all that were present in israel to serve the lord their god , and not to depart from following the lord god of their fathers all his dayes : together with the like solemne publike covenants made by m ezra , n nehemiah and all the people unto god ; which covenant the princes , levites , priests and all the people sealed , and entred into a curse and into an oath to walk in gods law , and to observe and doe all the commandments , ●udgements and statutes of the lord , &c. and that god himself expresly commanded them , o that if any prophet or dreamer of dreams , or thy brother or son of thy mother , or thy daughter , or the wife of thy bosom , or thy friend which is as thine own soul , should secretly intice them to commit idolatry , or serve other gods , they should neither consent nor hearken to , nor pitty , nor spare , nor conceal him , but shalt surely kill him ; thy hand shall be first upon him to put him to death , and after the hand of all the people , and thou shalt stone him with stones , that he die , onely for this secret inticement to idolatry : and all israel shall hear , and fear , and do no more such wickednesse as this is . and if they should hear , that the inhabitants of any city were seduced to serve other gods , then they must diligently search and inquire after it ; and if it be truth and the thing certain , that such abomination was wrought among them , then they shall surely smite the inhabitants of that city with the edge of the sword , destroying it utterly , and all that is therein , and the cattell thereof with the edge of the sword ; and gather all the spoil of it into the midst of the street thereof , and burn the city with all the spoile thereof every whit for the lord their god , and it shall be an heap for ever , and shall not be built again : in pursuance whereof the p ten tribes and a half , assembled to warre against the reubenites , g●dites , and half tribe of manasseh , for their supposed idolatrous altar ; and q all the children of israel assembled together as one man , and made warre against the men of gibeah and the benjamites , for not punishing the grosse rape of the levites concubine , destroying the city utterly , and the tribe of benjamin too welnigh . and upon this ground , the city of r libnah revolted from under the hand of iehoram the idolatrous king of iudah , because he had forsaken the lord god of his fathers . and as some learned men conceive ſ the people made a conspiracie against king amaziah in ierusalem , and he fled to lachish , but they sent after him to lachish and slew him there ; t not privately but openly , as acted by publike authoritie , consent , and medicated deliberation , not out of any private hatred , but for his impietie , whereby he violated the chiefest part of his oath and covenant ; whereupon we read not of any complaint , or inquisition , or proceedings , or punishment inflicted on those that slew him after his death , either by the people , or his children , as there was upon those who slew king ammon ; but being slain , they brought him back on horses , and he was buried at ierusalem with his fathers in the citie of david , out of reverence to his royall dignity and family ; and all the pe●ple of iudah took azariah , and made him king in stead of his father amaziah ; which plainly shewes , that what was formerly done by the greater part of the states at ierusalem , was afterwards confirmed by common consent , as done upon a just cause , and executed by command of those who might lawfully doe it . whence they conclude . that the orders or states of the people of israel had right to chuse what king they would themselves , out of the family of david ; and being elected , afterward to correct and punish him as there was cause : that they were obliged by this covenant made to god , both to reprehend , resist , oppose , yea , depose , if not put to death their king for his open incorrigible idolatries and sins , by common consent , as their king was obliged to punish and put them to death for their idolatries and crimes , their kings being included within their covenants ; and gods inhibition of idolatry under pain of capita● punishments , extending to kings , as well as others , if not more then to any , because their examples were most pernicious ; and they were as far forth bound by their joynt covenants made to god with their kings to hinder their kings from , and to proceed against them for their idolatries , as their kings were to impedite and punish them for their breach of covenant , and because god himself did punish them for their kings idolatries , as is evedent by ier. . , to . and the history of the kings , and chronicles every where , which god would not in justice have done , had not the people both just right and power to resist , hinder , censure , punish , depose their kings by publike consent of the state and people for their idolatries and breach of covenant , as v zuinglius , x stephanus iunius brutus , the author of the treatise y de iure magistratus in subditos , with others , prove at large , and z master calvin , yea a bishop bilson himself , assents to . such a soveraign power had the whole state and congregation of israel and iudah over their kings themselves , whose estates in their crownes and kingdoms by gods own institution , was not absolute , but onely conditionall , and subject unto forfeiture , upon breach of these covenants and conditions by which they did injoy them . fourthly , the kings of iudah and israel were no absolute soveraign princes paramount their whole kingdoms , the generall congregation of the people , senate or sanhedrin , but inferiour to them in power , and not onely counselled , but over-ruled usually by them in matters of publike concernment : this is evident not onely by iosh . . . to . and iudges . and . where the whole congregation of israel , as the soveraign power , in the dayes of ioshua and the iudges assembled about the great causes of the reubenites , gadites , and halfe the tribe of manasseh , concerning their alter , and of the gibeonites and benjamites , concluding both matters of publike war and peace ; but likewise by the peoples rescuing ionathan out of the hands and power of king saul his father , that he died not , though saul had twice vowed that he should be put to death , sam. . . to . and the people said unto saul , shall ionathan die who hath wrought this great salvation in israel ? god forbid ; as the lord liveth there shall not one hair of his head fall to the ground , for he hath wrought with god this day : so the people rescued ionathan that he died not . by the chron. . . to . where thus we reade : and david consulted with the captains of thousands and hundreds , and with every leader , and david said unto all the congregation of israel , if it seeme good unto you , and that it be of the lord our god , let us send abroad unto our brethren every where that are left in all the land of israel , and with them also to the priests and levites which are in their cities and suburbs , that they may gather themselves unto us ; and let us bring again the ark of our god to us , for we enquired not at it in the dayes of saul . and all the congregation said , that they would do so , for the thing was right in the eyes of all the people . and david went up and all israel to baalah , to bring up thence the arke of god the lord. compared with the samuel . , , . where when david sent out the people to battell against absalon under three commaunders , the king said unto the people , i will surely goe forth with you my selfe also : but the people answered , * thou shalt not go forth ; for if we flee away , they will not care for us , neither if halfe of us die will they care for us ; but now thou art worth ten thousand of us , therefore now is better that thou succour us out of the citie : and the king said unto them , whatsoever seemeth you good that i will doe ; and thereupon stayed behinde in the city , as they advised him . so he likewise followed ioabs advice , to go forth and sit in the gate , and speak comfortably to the people after his mourning for absalons death , else not one of the people would have tarried with him that night , samuel . . . to . and by this means all the people came before him though they had formerly fled every man to his tent ; and he so engaged them to him , that all the people were at strife thorowout all the tribes of israel , to bring the king back again to gilgal , whence absalon had chased him . adde to this the kings . . to . and chron. c. . and . where we finde , that after solomons death , all israel came to sechem to make rehoboam king ; and all the congregation of israel spake unto rehoboam , saying , thy father made our yoak grievous , now therefore make thou the grievous service of thy father , and his heavy yoak which he put upon us , lighter , and we will serve thee . and he said unto them , depart ye for three dayes , and then come again ; and the people departed . in the mean time he consulted first with the old men , after that with the young men about him , what answer he should return ; who giving contrary advice , ieroboam and all the people coming to him again the third day , the king answered the people roughly , after the counsell of the young men , saying , my father made your yoke heavy , and i will adde to your yoke ; my father chastised you with whips , but i will chastise you with scorpions : so when all the people saw that the king hearkned not to them , the people answered the king , saying , what portion have we in david ? neither have we inheritance in the son of iesse , to your tents ô israel ; now see to thine own house david : so israel departed to their tents , and fell away from the house of david unto this day : and all israel called ieroboam unto the congregation , and made him king over all israel : and the text expresly addes this memorable observation , wherefore the king hearkned not unto the people , for the cause was from the lord , that he might perform his saying , which the lord spake by abijah the shilonite to ieroboam the son of nebat . where we see the kings not hearkning to the people and congregation of israel in their just request , and giving them an harsh answer , was a sufficient ground and occasion for them , to cast off his government , and elect another king to reign over them , and that with divine approbation from god himself : such was the whole peoples and congregations soveraigne power over their kings . we reade in the kings . . to . that when benhadad king of syria gathered a great host , and sent to ahab king israel , to resign up all his silver , gold , wives , children , and pleasant things into the hand of his servants : then the king of israel called all the elders of the land , and said , heark , i pray you , and see how this man seeketh mischief , for he sent unto me for my wives and for my children , for my silver , and for my gold , and i denyed him not : and all the elders , and all the people , said unto him , hearken not unto him , nor consent . wherefore he said unto the messengers of benhadad , tell my lord the king , all that thou didst send for to thy servant at first , i will do , but this thing i may not do . where the elders and people both advise and over-rule the king in this matter of great importance both to the kingdom and king , who returned no answer to this publike case without the congregations publike advise . so * hezekiah king of iudah sent to all israel and iudah , and wrote letters also to ephraim and manasseh , that they should come to the house of the lord at ierusalem , to keep the passeover unto the lord god of israel ; for hezekiah had taken counsell , and his princes , and all the congregation in ierusalem , to keep the passeover in the second moneth , for they could not keep it at that time , because the people had not sanctified themselves sufficiently ; neither had the people gathered themselves together at ierusalem ; and the thing pleased the king and all the congregation , so they established a decrée , to make proclamation throughout all israel , from bersheba even to dan , that they should come to keep the passeover unto the lord god of israel at ierusalem , for they had not done it of a long time , in such sort as it was written . so the posts went with the letters from the king and the princes , throughout all israel , and iudah , &c. vers . . also in iudah the hand of god was to give them one heart to doe the commandement of the king and of the princes , by the word of the lord ; and vers . . and the whole assembly took counsell to keep other seven dayes ; and they kept other seven dayes with gladnesse ; k and all the congregation of iudah and israel rejoyced : vers . . when all this was finished all israel that were present , went to the cities of iudah and brake the images in pieces , and cut down the groves , and threw downe the high places and the altars out of all iudah and benjamin , in ephraim also and manasseth , untill they had utterly destroyed them all . then all the children of israel , returned every man to his possession into their owne city : in the chron. . . when hezekiah saw that senacherib was come , and that he was purposed to fight against ierusalem ; he took councell with his princes and his mighty men , to stop the waters of the fountaine which were without the city , and they did help him , and there was gathered much people together , who stopped all the fountaines , &c. adde hereunto that notable text , jer. . . to . where when the prophet ieremy had prophecied , that ierusalem should be given into the hands of the king of babylons army which should take it ; therefore the princes hereupon said unto the king ; we beseech thee , let this man be put to death ; for thus he weakneth the hands of the men of warre that remain in this city , and the hands of all the people , in speaking such words unto them ; for this man seeketh not the welfare of this people , but the hurt : then zedechiah the king said ; behold he is in your hand ; for the king is not he that can doe any thing against you . and jer. . . to . now it came to passe when ieremiah had made an end of speaking all that the lord had commanded him to speake unto all the people , that the priests , the prophets , and all the people tooke him , saying ; thou shalt surely dye , &c. so ezra . . to . there assembled unto ezra a very great congregation of men , &c. and they said unto ezra , we have trespassed against our god , and have taken strange wives of the people of the land ; yet now there is hope in israel concerning this thing . now therfore let us make a covenant with our god to put away all the strange wives , &c. and let it be don according to the law : and all israel said that they would doe according to this word . and they made proclamation throughout iudah and ierusalem unto all the children of the captivity , that they should gather themselves unto ierusalem ; and that whosoever would not come within . dayes according to the councell of the princes and the elders , all his substance should be forfeited , and himselfe seperated from the congregation of those that had been carryed away : then all the men of iudah and benjamin gathered themselves together unto ierusalem , within three dayes , and all the people sate in the street of the house of god trembling , ●ecause of this matter and for the great raine . and ezra the priest stood up and said unto them , ye have transgressed and taken strange wives to encrease the trespasse of israel ; now therefore make confession unto the lord god of your fathers , and doe his pleasure , and seperate your selves from the people of the land , and from the strange wives . then all the congregation answered and said with a lowd voyce ; as thou hast said , so must we doe ; but the people are many , and it is a time of much raine , and we are not able to stand without , neither is this a worke of one day or two ; for we are many that have transgressed in this thing : let now our rulers of all the congregation stand , and let them which have taken strange wives in our cities , come at appointed times , and with them the elders of every city and the iudges thereof , untill the fierce wrath of our god for this matter , be turned from us : and the children of the captivity did so . where we see the whole congregation determine and direct all that was done in this grand common businesse : and esther . . to . the iewes ( upon mordecaies and esthers letters , after the slaughter of their enemies ) ordained and took upon them and upon their séed , and upon all such as joyned themselves unto them , so as it should not faile , that they would keep the . and . day of the month adar , and make it a day of feasting and gladnesse , according to their writing , and according to their appointed time every yeare : and that these dayes should be kept and remembred thorowout every generation , every family , every province , and every city , and that these dayes of purim should not faile from among the iewes , nor the memoriall of them perish from their seed : and the decree of esther confirmed those mater of purim , as they had decreed for themselves and their séed . from all these texts ( compared with prov. . . c. . . c. . . ) it is most apparant ; that the kings of iudah and israel were no absolute soveraigne princes paramount their whole kingdomes , or the generall senate and congregation of the people , or their sanhedrin , but inferiour to them in power ; and not onely counselled but over-ruled usually by them , in all matters of publike concernment . a truth so pregnant , that c bp. bilson himself from some of these texts confesseth , that it is a question among the learned ; what soveraignty the whole people of israel had over their kings ; and that these scriptures have perswaded some , and might lead zuinglius to thinke , that the people of israel , notwithstanding they called for a king , yet reserved to themselves sufficient authority to over-rule their king , in these things which séemed expedient and néedfull for the publike well●fare , else god would not punish the people for their kings iniquity , which they must suffer and not redresse . hence that eminent lew d iosephus ( a man best acquainted of any , with his owne nations antiquities , lawes , and the prerogatives of their kings ) resolves in direct termes ; that their king , whosoever he were , ought to attribute more to the lawes , and to god , then to his own wisdome , and to doe nothing without the advice of the high-priest and senate ; and that if he multiplyed horses , and mony more then was fitting they might res●st him , lest he became more potent then was expedient for their affaires . hence petrus cunaeus de repub. hebr. l. . c. . p. . . writes thus of the sanhedrin or parliament among the iewes . thus the prophets , who grievously offended , were no where else punishable but in this assembly ; which ( quod summae potestatis est ) as it is an argument of the supremest power ) did both constitute the king : ac de bello gerendo deque hostibus profligandis & de proferendo imperio del●beraba●t . sed quoniam haec ejusmodi erant in quibus salus omnium , & summae reipublicae vertebatur , consultatum de his plerumque cum populo est ; indictae enim comitiae sunt , in quibus solis populus partem aliquam caperet regendae reipublicae , &c. de rege igi●ur deque bello , ut dixi , decreta facta interdum populi auctore sunt . caetera omnia senatores sanhedrin per se expedivere . so that the sanhedrin and congregation of the people were the highest soveraigne power , and principall determiners of publike matters concerning warre and peace , by cunaeus his resolution : who debating this weighty controversie , d what the scepter of iudah was ( prophesied of gen. . . ) and what and whose the majesty of the empire was ? determines thus . i suppose the scepter to be nothing else , but the majesty of the empire or government , to wit that , quae ipsi reipublicae assidet , which belongs to the republike it selfe . wherefore whos 's the republike is , the scepter ought to be said theirs . now the hebrew republike from moses his time till the kingdome of rehoboam , was not of the iewes ( or tribe of iudah ) but of the twelve tribes , from whence it followes , that even the scepter for all those times was of all the israelites . now of this scepter , which was long common to all the twelve tribes , the divine patriarke spake not in that most famous oracle : for he looked at latter yeares , and future ages , when as the tribe of iudah , the people being divided into contrary parts , began to have its republike apart from the israelites , which god approved and loved ; and would have to be called iewish , from the tribe of iudah alone , untill hee ( to wit christ ) should be given to the assemblies of men , to whom not onely the empire of the iewes , but gentiles also was destinated . and verily this majesty of the scepter , from the time it once began to be of the iewes , we say continued to be theirs , although the state of the commonweale was sometimes changed , and the soveraignty of the empire was sometimes in the elders and high priests , sometimes in the kings and princes . they doe too foolishly , who here dance in a narrow compasse , and suppose that the honour of this name appertaines not but to kings ? for what people soever , useth its owne republike and its lawes , is recte gloriari de imperio deque sceptro potest , it may rightly boast of its empire and scepter . it is recorded , that at ierusalem even at that time , when not the princes but the elders governed the people , in the midst of the great councell , which they called the sanhedrin , there hung a scepter , which thing verily was a certain ensign of its majesty ; which marcus tullius in a particular oration , saith , esse magnitudinem quandam populi , in ejus potestate ac jure retinendo , quae vertitur in imperio , atque omnis populi dignitate . not kings , not princes , but consuls and the senate managed the roman common-wealth ; whence this law of truce was given to the aetolians , which livy reports , that they should conserve the majesty of the people of rome without mal-engin : and the very same thing was commanded all free people , who by any league , but not equall , would come into the friendship of the romanes , as proculus the lawyer witnesseth , in l. . f. de captiu : & post . reversis . neither think we it materiall to our purpose , of what nation or tribe they were , who moderated and ruled the iewish affaires ; for although the hasmonaean l●vites held their kingdome for many yeeres , yet the republike was of the iewish people . that most wise master seneca said to nero caesar , that the republike was not the princes , ( or of the prince ) but the prince the republikes . neither verily was the opinion of vlpian the lawyer otherwise ; for he at last ●aith , that that is treason ▪ which is committed against the roman people , or against their safety , l. . s . . f. ad legem iul. majest . now vlpian lived in those times , when the people had neither command nor suffrages left them , but the emperours held the empire and principality ; and yet he who is wont most accurately to define all things , saith , that majesty is of the people ; from all which it is apparant , that not onely in the roman empire and other kingdomes , but even among the iewes themselves ; the majesty , and soveraign power , and scepter resided not in the kings , but in the whole state and people . hence will. schickardus in his ius regium hebraeorum , argent . . p. . determinesthus . the state of the iewish kingdome was not monarchicall ( as our court doctors falsely dream ) but mixt with an aristocrcie , for the king without the assent of the sanhedrin could determine nothing in great causes . they constituted not a king but in it , &c. attributing the soveraignest power to the congregation and sanhedrin , who had power to create , elect , and in some cases to resist , and depose their kings . hence e huldericus zuinglius writes expresly , that the kings of the iewes and others , when they dealt perfidiously , contrary to the law of god and the rule of christ , might be lawfully deposed by the people . this the example of saul manifestly teacheth , whom god rejected , notwithstanding he had first elected him king : yea , whiles wicked princes and kings were not removed , all the people were punished of god ; as is evident by ier. . . to . where they were punished with four judgements and plagues for manassehs sinnes . in summe , if the iewes had not permitted their king to be so wicked without punishment , they ●ad not beene so grievously punished by god. by what means he is to be removed from his office , is easily to conjecture ; thou maist not slay him , nor raise any war or tumult to do it , but the thing is to be attempted by other means , because god hath called us in peace , cor. . if the king be created by common suffrages , he may again be deprived by common votes , unlesse they will be punished with him ; but if he be chosen by the election and consent of a few princes , the people may signifie to them the flagitious life of the king , and may tell them , that it is by no means to be endured , that so they may remove him , who have inaugurated him . here now is the difficulty ▪ for those that do this , the tyrant will proceed against them according to his lust , and slay whom he pleaseth ; but it is a glorious thing to die for justice and the truth of god ; and it is better to die for the defence of justice , then afterwards to be slain with the wicked by assenting to injustice , or by dissembling , those who cannot endure this , let them indure a lustfull and insolent tyrant , expecting extream punishment together with him ; yet the hand of the lord is stretched out still , and threatneth a stroke : but when with the consent and suffrage of the whole , or certainly of the better part of the multitude a tyrant is removed , deo fit auspice , it is done by god approbation . if the children of israel had thus deposed manasseh , they had not been so grievously punished with him . so zuinglius . hence f stephanus iunius brutus in his vindiciae contra tyrannos , in answer to machiavels princeps ( a most accursed mischievous treatise ) and justification of the protestant defensive wars in france to preserve their religion and liberties , anno . determines positively , that as all the people are superiour to the king , so are those officers of state and parliaments , who represent them , superiour to kings collectively considered , though every of them apart be inferiour to them . in the kingdom of israel , which by the judgement of all polititians was best instituted , by god , there was this order , the king had not onely private officers who looked to his family , but the kingdom likewise had elders and captains elected out of all the tribes , who had the care of the commonweale both in time of peace and war , and likewise their magistrates in every town , who defended their severall cities , at the others did the whole kingdom . these when ever they were to deliberate of greatest affairs , assembled together , neither could any thing be determined without their advice , which much concerned the commonwealth : therefore g david called these all together when he desired to in vest solomon in the kingdom , when he desired the policy restored by him should be examined and approved , h when the ark was to be reduced , &c. and because they represented all the people , all the people are then said to have assembled together . finally , the same i rescued ionathan , condemned to death by sauls sentence ; from whence it appears ▪ that an appeale lay from the king to the people : but from the time the kingdome was divided , through the pride of rehoboam , the synedrin of ierusalem consisting of men , seems to be of that authoritie , k that they might judge the king in their assembly , as well as the king judge them when they were apart . the captain of the house of iudah was l president over this assembly , that is , some chief man chosen out of the tribe of iudah , as even the chief man for the city ierusalem , was chosen out of the tribe of benjamin : this will be made more evident by examples . m ieremie being sent by god to denounce the overthrow of the city ierusalem , is for this , first condemned by the priests and prophets , that is , by the ecclesiasticall judgement or senate ; after this , by all the people , that is , by the ordinary iudges of the citie , to wit , by the captains of thousands and hundreds ; at last by the princes of iudah , that is , by the men sitting in the new porch of the temple , his cause being made known , he is acquitted . now they in that very judgement expresly condemn king iehoiakim , who a little before had most cruelly slain the prophet uriah , threatning like things . also we reade n elsewhere , that king zedekiah , did so much reverence the authoritie of this sanhedrin , that he durst not free the prophet jeremie , thrust by these men into a filthy prison , but likewise 〈◊〉 dared to translate him into the court of the prison from thence ; yea , when they perswaded him to consent to jeremiah his death , he answered , that he was in their hands , and that he could not contradict them in any thing ; yea , he fearing lest they should enquire into the conference which he privately had with ieremie , as if he were about to render an account of the things which he had spoken , forgeth a lie . therefore in this kingdom the states or officers of the kingdom were above the king ; i say , in this kingdome which was instituted and ordaintd , not by plato or aristotle , but by god himself , the author of all order , and the chiefe institutor of all monarchy : such were the seven magi in the persian empire , the ephori in the spartan kingdom , and the publike ministers in the egyptian kingdome , assigned and associated to the king by the people to that onely end , that he should not commit any thing against the lawes . thus , and much more this author , together with con. superantius vasco , who published this treatise to all pious and faithfull princes of the republike , giving large encomiums of its worth ; as also the author of the treatise de iure magistratus in subditos . p. , , , . , to . whose words for brevity i pretermit ; bp. bilson in his forecited passages : and hugo grotius de iure belli & pacis , l. , c , . sect . . p. , . where he confesseth , that if the king of the israelites offended against the lawes written concerning the office of a king , he was to be scourged for it ; and that the sanhedrin had a power above their king in some cases . finally , the kings of israel and iudah were not superior to , nor exempted from the lawes , but inferiour to and obliged by them , as well as subjects : this is evident , not onely by the premises , but by sundry impregnable texts , as deut. . . . . where god himselfe in the very description of the office and duty of their king , prescribes this in direct termes , as a part of his duty . and it shall be when he sitteth on the throne of this kingdome , that he shall write him a copy of this law in a booke , out of that before the priestic and levites : and it shall be with him , and he shall read therein all the dayes of his life , that he may learn to feare the lord his god , to keep all the words of the law , and these statutes to doe them , that his heart be not lifted up above his brethren ; and that he turn not aside from the commandement , to the right hand or to the left : seconded by iosh . . . this booke of the law shall not depart out of thy mouth , but thou shalt meditate therein day and night ; that thou maist observe to doe according to all that is written therein : turne not to it from the right hand , or to the left , for then thou shalt make thy way prosperous , and then thou shalt have good successe . hence it was , that as soon as ever saul was elected and made king by samuel and the people , he being the first of their kings ) samuel told the people the manner of the kingdom , and wrote it in a booke , and laid it up before the lord : which booke , contained not the exorbitances and oppressions that their kings would exercise over them , mentioned in the sam. . . to . as iosephus mistakes ; but as petrus cunaeus and q others more rightly observe , the law of god concerning kings , prescribed by him , deut. . . to the end ; and such lawes which commanded kings to use iustice and equity ; to govern the common-wealth well , for the peoples benefit ; to abstaine from fornication and lusts ; to retain modesty in a great fortune , &c. hence samuel enioyned both saul and the people , to feare the lord , and serve him , and obey his voyce , and follow him , and not rebell against his commandement , &c. sam. . , . . to . hence king r david did alwayes meditate in the law of god , day and night , accounting it more deare unto him then thousands of gold and silver : and withall pronounceth from gods own mouth ; ſ the gods of israel said , the rocke of israel spake to me , he that ruleth over men must be just , ruling in the feare of god. hence the t qu. of sheeba used this speech to king solomon , because the lord loved israel for ever , therefore made be thee king ( what ? to domineere at his pleasure ? no verily , but ) to doe iudgement and iustice . vpon this ground , v king iosiah made a covenant before the lord , to walke after the lord , and to keep his commandements , and his testimonies and his statutes with all his heart , and with all his soul ; and king x asa , with other princes and governors did the like , as the premises evidence : from all which , y and infinite other scriptures , obliging kings to reign in righteousnesse , to doe justice and judgement to all , and z reprehending them exceedingly for their injustice , tyranny , oppressions , idolatries , and other sinnes ; it is irrefragable ; that their kings were as much , if not more obliged to keep both gods and the kingdomes lawes , as the subjects ; and had no arbitrary power to doe what they pleased . all that is , or can be colourably obiected to the contrary , to prove the kings of israel absolute monarchs , exempt from lawes , and paramount their sanhedrin or people collectively considered , is , first , that passage of psal . . . where king david confessing his sinnes of adultery and murther to god , useth this expression ; against thee , thee onely have i sinned , and done this evill in thy sight : of which a hierom renders this reason , quod rex erat & alium non timebat : alium non habebat super se : which ambrose thus seconds , rex erat , nullis ipse legibus tenebatur , quia liberi sunt reges a vinculis delictorum : neque enim ullis ad poenam vocantur legibus , tuti imperii potestate , b homini ergo non peccavit , cui non tenebatur obnoxius c arnobius & cassidor , adde , de populo si quis erraverit , & deo peccat & regis quando rex delinquit , d soli deo reus est : merito ergo rex , deo tantum se dicit peccasse ; quia solus erat qui ejus potuisset admissa discutere . the like we finde in isiodor . epist . . which some iewish rabbins back with this saying of barnachmon , titulo de iudicibus nulla creatura judicat regem , sed deus benedictus : therefore the iewish kings were above all lawes , and not subiect to the censures of their congregations , states , or sanhedrin . to this i answer first , that no doubt , david by his adultry and murther ( being sinnes against the second table ) did sinne not onely against god , but e against vriah and his wife too , their children and kinred ; yea f against his own soule and body , though he were a king ; that of iustus eccardus , de lege regia , being an itrefragable truth , granted by g all lawyers and divines whatsoever , that the absolutest emperors , monarchs , kings , that be , are subject to the lawes of god , of nature , of nations , and cannot justly doe any thing against them to the hurt of pietie , chastity , fame , life , or what is contrary to good manners . secondly , no doubt every king is bound in conscience by the law of god and man , to give satisfaction and recompence to his subjects against whom he sinneth in this nature , as david himselfe determines in this his own case , sam. . , , . thirdly , for this very sin against vriah god threatens , that the sword should never depart from davids house ; that hee would raise up evil against him out of his own house , that he would take his wives before his eyes and give them unto his neighbour , who should lye with them in the sight of the sunne , before all israel , sam. . , , . which was actually fulfilled in and by absalom his sonne , sam. . . the glosse therefore of these fathers , that david was exempt from all lawes being a king , and that he could not sinne against a subject , is point-blank against the history , and text it selfe ; and manifested to be apparantly false by all the premised scriptures and authorities . fourthly , the true reason of this speech of david , against thee , thée onely have i sinned , and done this evill in thy sight , as augustine h and others truly observe was : . because david had plotted and contrived the murther of vriah , and abusing of his wife so closely , that no man did or could take notice of it ; whence nathan the prophet tells him , sam. . . thou didst it secretly , but i will do this before all israel : sed forte erat quod homines latebat , & non inveniebant illi quod erat quidem , sed manifestum non erat , writes augustine : . because vriah being slain , and his wife a party consenting to davids sinne , his sinne now might in this sence be said , to be against god alone . . sinne , quatenus sinne , and as it deserves eternall punishment , is properly committed against none but god , whose law and prohibition only makes it sinne ; therefore in this regard , david now confessing his sinne to god himselfe , useth this expression and rhetoricall ingemination , against thee , thee only have i sinned . . because none was free from sinne , and so sit to be his judge in that respect but god onely . . only , is many times taken for principally or especially ; as we usually say , such a one is the onely man ; i such a salve or medicine , is the onely remedy ; and the scripture useth this phrase in this sence in davids owne ease , king . . david did that which was right in the eyes of the lord , and turned not aside from any thing that he commanded him all the dayes of his life , save onely in the matter of vriah , that is principally , k for he committed divers sins besides , as in numbring the people , in giving mephibosheths land to ziba upon a false suggestion , himselfe confessing m that his iniquities were gone over his head , l and his sinnes more then the haires of his head : but yet this was his only , to wit , his principall sinne : so in divers others texts , onely is used for principally ; as iosh . . . . onely be thou strong ; sam. . . onely be thou valiant : so here , against thee , thee only have i sinned ; that is , i have principally sinned against thee alone , not excluding his sinne against himselfe , vriah , and others , whom he injured thereby . . this sinne against n vriah was but a personall and private injury , into which david fell out of humane frailty , it was the first and onely sin of this kinde that ever he committed , for ought we read ; he made no trade of it , he repented for it , and never relapsed again into it : in this regard therefore these fathers interpretations may be orthodox , that for such a private sin of infirmitie onely , david was not responsible nor punishable by the congregation or sanhedrin : but had he made a common trade of murthering his subjects , ravishing their wives , and the like ; or giving himselfe over to the open practice of grosse idolatry , ( a sin onely against god himself ) and not repented of , or humbled himself solemnly for it , as he did for these sins here , no doubt the congregation or sanhedrin might upon complaint , have questioned , reprehended , and censured him for it , as the premises plentifully manifest , notwithstanding the priviledge of his regalitie , which , as it exempted him not from the guilt , so not from the punishment due unto such crimes , whether temporall or eternall : not from the o eternall , which is the greatest , that is certain , therefore not from the temporall , which is the lesse . finally , god himself threatens , that p if solomon or any kings of davids seed should forsake his law , and not keep his commandments , but commit ini●●●ity against him , he would chasten them with the rod of men , and the stripes of the children of men ; whence the q rabbins write , that if their kings transgressed against the law of the king , they were and might be scourged for it , without dishonour , by a man whom themselves made choice of : therefore they might be justly censured and punished by men for their transgressions against god alone , notwithstanding this glosse of these fathers , true only in som sence in private cases , and sins of infirmity against private men , not of publike habituall transgressions . the second objection , is that speech of samuel to the people , sam. . . to . this will be the manner of the king that shall reign over you ; he will take your sons and daughters , and appoint them for himself , &c. and he will take your fields , and your vineyards , and your oliveyards , even the best of them , and give them to his servants . and he will take the tenth of your seed , and of your vineyards , and give to his servants : and he will take your manservants , your maidservants , your goodliest young men and your asses , and put them to his service ; he will take the tenth of your sheep , and ye shall be his servants ; and ye shall crie out in that day , because of the king whom yee have chosen you , and the lord will not hear you in that day . therefore their kings were absolute monarchs , not bound to laws , nor responsible to their subjects for their oppressions , nor yet resistible by them . to which i answer , that this is a direct description of a tyrant , and not of a lawfull king ; as is evident , first , by the very occasion of the words ; vttered purposely by samuel to disswade the people from electing a king , & changing their former aristocraticall government , into a monarchicall ; because their kings would many of them prove more oppressive , tyrannicall and burthensome to them then their iudges or his sons were , whose bribery and perverting of judgment , moved the people thus earnestly to affect a change of government , as is evident by the , , , , , , and verses ; ſ iosephus , and the consent of all expositors . secondly , by the introduction to , and the words themselvs , this will be the manner of the king that shall reign over you , he will take , and he will do thus and thus ; not this ought to be the manner , he ought to do , or lawfully may do thus and thus . thirdly , by the things themselves which he would do , which are directly contrary to deuter. . . to the end ; and all other scriptures , expresly enjoying kings t to judge their people righteously , to do justice and judgement , and not any wayes to oppresse or spoyle them . i shall instance onely in two particulars . first , the law of god expresly prohibits v all men ( and kings as well as others ) to covet their neighbours house , his menservants , his maidservants , his oxe , or his asse , or any thing that is his neighbours : if their kings then might not lawfully so much as desire or covet , much lesse might they lawfully take away their houses , sonnes , daughters , manservants , maidservants , asses , sheep , corn , vineyards , or any thing else that was theirs , without their free consents , as samuel tells them their king would do ; this therefore must need , be onely a declaration of what their kings would tyrannically do , not of what they might lawfully or justly execute . secondly , it is gods expresse edict , ezek. . . the prince shall not take the peoples inheritance by oppression , to thrust them out of their possessions , but he shall give his sons inheritance out of his own possession , that my people be not scattered every one from his possession . and ezek . , . the land shall be the princes possession in israel , and my princes shall no more oppresse my people , and the rest of the land shall they give to the house of israel according to their tribes : thus saith the lord god , let it suffice you , o princes of israel ; remove violence and spoile , and execute judgement and justice ; take away your exactions ( or expulsions ) from my people , saith the lord. whence x ahab king of israel for coveting , and unjustly depriving naboth of his vineyard , which he refused to sell him , because it was the inheritance of his fathers , and taking possession thereof after his unjust condemnation , had a most severe judgement denounced against him , even the utter extirpation of himself , q. iezabel , and their posterity , afterwards executed : which punishment god would never have inflicted on them , had it been lawfull for the kings of israel to take the peoples fields , vineyards , oliveyards , &c. and possesse or give them to their servants , as samuel here tels them their kings will do : this clause then of taking their fields , vineyards , &c. from them , by the king , without their consents , being thus diametrally contrary to these texts of ezekiel , and such a capitall crime in king ahab , ( yea , contrary to the practise of ioseph , and the aegyptian heathen king pharaoh , who took not away , but bought the aegyptians cattell and lands for corne , gen. . . to . ) can no wayes be warranted as a just royall prerogative lawfull for their kings to use , but must needs be branded for a tyrannicall oppression . fourthly , this is evident by the consequences of it , ye shall be his servants , ( not subject● ; ) and ye shall crie in that day because of your king which ye have chosen you , and the lord will not hear you in that day , verse , . certainly the people neither would nor ought to crie to god against the proceedings of a just upright king , but onely of a tyrant and oppressour ; therefore this text must needs be meant of such a one , who should be a scourge and punishment to them , as tyrants are , not a blessing as good kings alwayes be . fifthly , consult we with all polititians whatsoever , this description suites onely with a tyrant not with any lawfull king : and that it is meant of such a one , we have the testimony of y iosephus , the generall concurring suffrage of all commentators and expositors one the place ( see lyra , hugo de sancto victore , carthusian , angelomus lexoviensis , calvin , brentius , bugenhagius , beda , bertorius , martin borrhaeus , peter martyr , zanchius , piscator , serrarius , strigelius , doctor willet , deodate , the english bibles notes , with others ) and of sundry who descant on this text in other writings ; by name , of m. iohn calvin , instit . l. . c. . sect . . bishop ponet his politicall government . p. . iunius brutus vindiciae contra tyrannos , qu. . p. . . . . . . . . de iure magistratus in subditos , p , . . bucholceri chronichon . p. . petrus cunaeus , de repub. hebraeor . l. . c. . bertrami , politia iud●ic . p. . shickardus jus regium iudae . p. . albericus gentilis de jure belli , l. . c. . p. . hugo grotius de jure belli & pacis , l. . c. . adnotata . p. . governado christiano , p. . georgius bucanus de jure regni apud scotos , p. . dole-man , p. . haenon . disp polit . p . weemse vol . . part. p. . hotomani , franco . gallia , c. . amesius de casibus conscienciae , p. . and ( to name no more in so plain a case ) of doctor ferne himself , in his resolving of conscience , sect . . p. . where hee writes , that samuel here tels the people , how they should be oppressed under kings ; yet all that violence and injustice done unto them , is no cause of resistance , &c. this text then being cleerly meant of their kings oppression , violence , injustice against law , right , and a clear description of a tyrant , not a king ; i may safely conclude from all the premises , that even among the israelites and iews themselves , their kings were subject to the lawes , and that the whole congregation , kingdom , senate , sanhedrin , not their kings , were the supreme soveraign power , and paramount their kings themselves , whom they did thus freely elect , constitute , and might in some cases justly censure , resist , depose , ( if not put to death ) by common consent , for notorious grosse idolatries and publike multiplied crimes , as the forecited authors averre . all which considered , eternally refutes , subverts , confounds the erronious false positions and paradoxes which doctor ferne , griffith williams bishop of ossery , the authour of the necessitie of subjection , with other late ignorant pamphletters , have broached to the contrary , without either ground or presidents to warrant what they affirm , touching the absolute soveraignty , monarchy , irresistibilitie , incorrigibility of the kings of iudah and israel by their whole states , congregations , kingdoms generall assents , and utterly takes away those sandy fabulous foundations upon which their impertinent pamphlets against the soveraign power of parliaments , kingdoms , and the illegality of subjects taking up defensive arms against tyrannicall princes , bent to subvert religion , laws , liberties , the republike , are founded ; which must now needs vanish into nothing , before this catholike , irrefragable clear-shining verity , abundantly ratifyed by innumerable presidents in all eminent kingdoms , states , nations , that either have been in any former ages , or are yet extant in the world ; which must and will infinitely over-sway , swallow up the inconsiderable contrary opinions of some few privadoes , who ( either out of flattery , hopes of getting , or keeping undemerited preferments , fear of displeasing greatnesse , or inconsiderates following of other reputed learned mens mistakes , without due examination of their erronious tenents ) have engaged themselves in a polemicall blinde combate against these infragable transparent verities ; whose defence i have here made good against all their misprisions , and bootlesse assaults . having now historically ran over the most eminent empires , kingdoms of ancient and present times , in a kinde of confused method ; their copious vastnesse and varietie being so boundlesse , and my time to collect them so small , that i could hardly marshall them into any comely distinct regiments , or reduce them to the particular heads debated in the premises ; i shall therefore for a conclusion deduce these distinct conclusions from them , to which the substance of all the recited histories may be aptly , reduced , and are in truth abundantly confirmed by them beyond all contradiction , annexing some new punctuall authorities of note , to ratifie and confirme them . first , it is undeniably evident from all the premises , that all monarchies , empires , kingdoms , emperours , kings , princes in the world , were originally created , instituted , ordained , continued , limited , and received all their jurisdiction , power , authoritie both from , by , and for the people , whose creatures , ministers , servants they are , and ought to be . if we survey all the severall lawfull monarchies , empires , principalities , emperours , and kings , that either have been , or yet are extant in the world ; we finde all sacred and prophane histories concurre in this , that they had their originall erections , creations from , by , and for the people ; yea , we read the very times when , the most monarchies of note were instituted , the names of those on whom the first monarchies were conferred , ( by the peoples free election onely ) yet extant on record in most histories , and withall expresse relations , of many different kinds of kingdoms , kings , in respect of succession , continuance , power , jurisdiction , scarce any two kingdoms , or their kings , being alike in all things in regard of prerogatives & jurisdictions ; all histories & polititians concurring , resolving with z peter , that kings are humane creatures or ordinances , instituted , diversified thus by men , and the people alone , out of gods generall or speciall providence , not one of them all being immediately or directly ordained by god , as the onely efficient cause , without the free concurrence , consent and institution of the people . this truth , is not onely ratified by lex regia , whereby the roman emperours were created , yea , invested with all their power ; registred by iustus eccardus de lege regia , & marius salamonius de principatu , l. . a formerly transcribed ; by plato , aristotle , xenophon , berosus , polybius , cicero , livy , iustin , plinie , strabo , plutarch , dionysius hallicarnassaeus , diodorus siculus , pausanias , solinus , alexander ab alexandro , hermannus schedell , herodotus , boëmus , pomponius mela ; forecited , and generally by all historians , chronologers , antiquaries , lawyers , politians whatsoever ; but directly averred and proved by franciscus hotomanus ( a famous lawyer ) in his franco-gallia , c. . . , . the author of de iure magistratus insubditos , quaest . . p. . , &c. thomas garzonius emporij emporiorum , pars . discursus . de dom. p. . vasquius controvers . illustrium , . n. . . n. . . n. . . n. . . n. . . n. . covarunius , quaest . illust. t. . . n. . . hugo grotius de jure belli , l. . c. . sect . . l. . c. . sect . . and elsewhere : marius salamonius de principatu ; eccardus de lege regia , with others cited by them : hookers ecclesiasticall polity . l. . sect . . p. , , . ( a pregnant place ) albericus gentilis de iure belli , l. . c. . . ioannes mariana de rege & regum instit . l. . c. . to . sparsim , & iunius brutus , vindiciae contra tyrannos , quaest . . p. . to . with whose words i shall close up this observation , ( having b elle where particularly proved the verity thereof , and answered all obiections against it from misinterpreted scriptures : ) we say now ( writes he ) that the people constitute kings , deliver kingdoms , approve kings elections , with their suffrages ; which god would have to be thus , that so whatsoever authority and power they should have , they should , next to him , referre it to the people , and therefore should bestow all their care , thoughts , industrie for the peoples profit ; neither verily should they think themselves advanced above other men for their excellency of nature , no otherwise then men are over heards and flocks , but should remember , that being born in the same condition with others , they were lifted up from the ground unto that condition by the suffrages , as it were , by the shoulders of the people , upon whose shoulders the burthen of the common-weale should for a great part rest . after which he proves by deut. . and divers forecited presidents in scripture , that god gave the election and constitution of the kings of israel to the people ; and that notwithstanding the succession of the kingdom of iudah was by god entailed afterwards to the linage of david , yet the kings thereof actually reigned not before they were ordained by the people . whence we may conclude , that the kingdom of israel , if we respect the stock , was certainly hereditary , but if we regard the persons , altogether elective . but to what end was this , if the election appear , as it is confessed , but that the remembrance of so great a dignitie conferred by the people , should make them alwayes mindefull of their duty : so likewise among the heathens we read , that kings were constituted by the people ; for when they had wars abroad , or contention at home , some one man , of whose fortitude and justice the multitude had a great opinion , was by common consent assumed for king. and among the c medes , saith cicero , deioces was of an arbitrator made a iugde , of a iudge created a king ; and among the romanes the first kings were elected . therefore when romulus being taken away , the inter-regnum of the hundred senators was displeasing to the romans , they accorded , d that afwards kings should be chosen by the suffrages of the people , the senate approving it : and tarquin the proud was therefore reputed a tyrant , for that being created neither by the people nor senate , he held the empire onely by force and power : wherefore caesar although he invaded the empire by force , yet that he might cosen the people at least with some pretext of law , would seem to have received the empire from the senate and people : but augustus although he was adopted by caesar , yet he never bare himselfe as heire of the empire , by divise ; but rather received it as from the senate and people ; as did also caligula , tiberius , claudius ; whereas nero , who first invaded the empire by force and wickednesse without any colour of law , was condemned by the senate . since then no man could be born an absolute king , no man can be a king by himselfe , no man can reigne without the people : whereas on the contrary , the people may both be , and are by themselvs , and are in time before a king ; it most certainly appears , that all kings were first constituted by the people . now albeit that from the time that sons or nephews imitated the vertues of their parents , they seem to have made kingdomes as it were hereditary to themselves in certain countries , where the free power of election may seem in some sort to have ceased , yet that custome hath continued in all well constituted kingdomes , that the children of the deceased kings should not succeed untill they were as de nono , newly constituted by the people , nor should not be acknowledged as heires to their fathers , but should onely then at length be reputed kings , when they had as it were received investiture of the realme from those who represent the majesty of the people , by a scepter and diadem . in christian kingdomes which at this day are said to be conferd by succession , there are extant most evident footsteps of this thing . for the kings of france , spain , * england , and others are wont to be inaugurated , and as it were put into possession of the realm by the states , senators , nobles and great men of the realm , who represent the universality of the people , in the same manner as the emperours of germany are by the electors , and the kings of poland by the vaynods or palatines , where the intire right is onely by election , neither , is royall honour yeelded to them in the cities of the kingdomes , before they have been duly inaugurated : neither also heretofore did they compute the time of the reigne , but from the day of the inauguration , which computation was accurately observed in france : and that we may not be deceived by reason of any continued stories of succession ; even in those very kingdoms , the states of the realme have oft times preferred a kinsman before a sonne , the second sonne before the eldest ; is in france , e lewis , the brother , before robert earl of dreux ; also henry , the second brother , before robert capet the nephew , with others elsewhere : yea , and the same kingdome by authority of the people , hath been translated from one nation and family to another , whiles there were lawfull heires extant ; from the merouingi to the carlingi , from the carlingi to the capets ; which hath been likewise done in other realms , as it sufficiently appears out of the truest histories . and that we may not recede from the kingdome of france , which hath ever been reputed the pattern of the rest , in which , i say , succession seemes to have obtained greatest strength : we read that pharamond was elected , anno . pipen , an. . pipens sonnes , charles the great and charlemain . not having respect of the father ; charlemain being at last taken away . the brothers part did not immediatly accrue to charli the great , as is usually done in inheritances , but by the determination of the people and publike councell : and by them ludovicus pius was elected , an. . although he were the sonne of charles the great . yea , in the very testament of charles , which is extant in nauclerus , he intreats the people by the common councell of the realm to elect one of his nephews whō they pleased ; as for his vncles he bids thē rest satisfied with the decrée of the people . whence charles the bald , nephew by lewis the godly and iudith , professeth himselfe an elected king in aimoinius the historiographer . in summe , all kings whatsoever , from the beginning were elective ; and those who at this day strive to come to the kingdome by succession , must of necessity be first ordained by the people . finally , albeit the people by reason of certain egregious merits , hath in certain realmes used to chuse kings out of the same stock , yet they chuse the stock it self , nor the branch ; neither do they so chuse it , but if it degenerates , they may elect another : but even those who are neerest of that stock , are not so much born , as made kings ; are not so much accounted kings as the attendants of kings ; which franciscus hotomanus in his franco-gallia , cap. . . & . prosecures more at large , and manifests by sundry pertinent presidents and authorities . secondly , that it is apparant by all the premised histories ; that in all empires , monarchies , the whole empire , state , kingdome , with the parliaments , senates , states , diets , publike officers and generall assemblies which represent them , are the supreamest soveraign power , superiour to the emperours , kings and princes themselves ; who are subordinate ministers and servants to them , elected , created by them for their common good ; and not absolute soveraign lords or proprietors to rule & domineer over them at their pleasure : which conclusion you shall find abundantly ratified , and professedly maintained by marins salamonius , de principatu , in six severall books ; by iohn mariana , de rege & regis instit . l. . c. . stephanus iunius brutus , his vindiciae contra tyrannos , throughout , especially p. . to . the treatise , de iure magistratus in subditos , throughout : iustus eccardus , de lege regia : henricus ranzovius ; commentarii bellici , lib. . c. . and elsewhere : georgius obrechtus ( an eminent civill lawyer ) disputationes iuridicae , de principiis belli , sect . . to . where he thus resolves , f the inferiour magistrates , as in germany the electors , princes , earles , imperiall cities ; in france the peers of france , in poland the vayuodes or palatines , and in other kingdomes the nobles , senators , and delegates of the estates , as they are severally inferiour to the emperour or king , ita vniverst superiores existunt , so collectively they are superiour to them ; as a generall councell is above the pope , the chapter above the bishop , the vniversity above the chancellor ; the prince , saith g pliny the second , even the greatest , is obliged to the commonwealth by an oath , as its servant , ac ipsa republica seu regno minor est , and is lesse then the republike or kingdome it selfe : ) by franciscus hotomanus a learned french lawyer , in his franco-gallia , c. , . , . , , , , . aquinas , de regimine principum , c. . by hemingius arnisaeus , de auctoritate principum in populum , &c. and de iure majestatis , sebastianus foxius , de regni regisque institutione ; vasquius controvers . illustrium passim , cavarnuius contr. illustr . t. . . n. . . n. . haenon disp . polit. p. . &c. alhusius polit . c. . p. . to . with iohn calvin instit . l. . c. . sect . . and * divers others forecited : heare h iunius brutus instead of all the rest to this particular , being a frenchman by birth , and writing his mind herein both freely , accutely and ingeniously , in these words : now verily , since kings are constituted by the people , it seems necessarily to follow , populum universum rege potiorem esse , that all the people are better and greater then the king. for such is the force of the word , that whoever is constituted by another , is reputed lesse then him ; he who receiveth authority from another , is inferiour to his author . i potipher the aegyptian appointed ioseph over his family , k nebuchadonozer set daniel over the province of babylon ; l darius set an hundred and twenty princes over the kingdome . verily masters are said to appoint servants ; kings ministers ; so likewise the people appoints the king , as the minister of the commonweale ; which title good kings have not contemned , and ill kings have affected , so that for some ages , none of the roman emperours , but an apparant tyrant , such as nero , domitian , caligula , would be called lord . moreover it appeares , that kings were instituted for the peoples sake ; neither wilt thou say , that for an hundred homuncices more or lesse , ( for the most part far worse then the rest ) all inferiours whatsoever were created , rather then they for them . now reason requires , that he for whose sake another exists , is to be accounted lesser then he . thus the governour of a ship is instituted by the owner for the shippes sake , who sits at the helme , lest the ship should be broken on the rocks , or ill hold her course . and verily whiles he intends this businesse , the other mariners serve him , and the owner himselfe obeyes him ; and yet he is a servant of the ship , as well as any mariner , neither differs he from a mariner in gender , but in kind : in the republike , which is usually compared to a ship , the king is in place of a master , the people of an owner : threfore to him seeking the publike safety , the people obey and submit ; when notwithstanding he is , and ought no lesse to be accounted a servant to the republike , as well as any judge or captain , neither differs he from those in any thing , but that he is bound to beare greater burthens , and undergoe more dangers : wherefore verily what things soever the king acquires in warre , or when he gaineth adjoyning coasts by right of warre or by sentence of law , as those things which are brought into the eschequer , he acquires to the kingdom not to himselfe ; to the people , i say , which constitute the kingdome , no otherwise then as a servant ( purchaseth ) to his lord ; neither can any obligation be contracted with him , but by their authority . furthermore , innumerable people live without a king , but thou canst not conceive a king without a people , so much as in thy mind . neither have some attained a royall dignity because they differed in kind from other men , and ought to rule over others by a certain excellency of nature , as shepheards doe over their flocks ; but rather , the people created out of the same masse , have advanced them to that degree , that so if they enjoyed any authority , any power , they should acknowledge it received from them , and possesse it as during their pleasure ; which the ancient custome of the french aptly sheweth , who * lifting their king up on a buckler , proclaimed him king. for why , i pray , are kings said to have innumerable eyes , many eares , long hands , most swift feet ? what , because they are like to argus , gerion , midas , or to those whom fables have feined ? verily no , but indeed because all the people whom it concerns , lend all their eies , their ears , their hands , feet , and faculties to the king for the use of the republike . let the people recede from the king , he who even now seemed eyed , eared , strong and flourishing ; will suddenly wax blind , deafe , and fall to nothing ; he who erewhile did magnificently triumph , will in one moment become vile to all : he who even now was adored almost with divine honours , will be compelled to play the schoolmaster at corinth : over-turn only the basis of this giant-like heape , and like the rhodian colossus , it will of necessity fall , and be broken into pieces . since therefore a king exists by and for the people , and cannot consist without the people ; to whom may it seem strange if we conclude , that the people are greater then the king. moreover , what we say of all the people , we will have spoken also , as in the second question , of those also who lawfully represent all the people in every kingdome or city , who verily are commonly reputed the officers of the kingdome , not king. the officers of the king , are created or discharged by the king at his pleasure ; moreover , when he dyeth they are out of place , and are in some sort accounted dead men . contrarily , the officers of the kingdome , receive their authority from the people , to wit , in a publike councell , or at least , heretofore were wont to receive it , neither can they be cashéered without the same . therefore those depend on the king , these on the kingdome : they , from the supreme officer of the kingdome , who is the king himselfe ; these , from the supream dominion of the people , from whom the king himselfe , as well as they , ought to depend . their office is , to take care of the king : these mens duty , to take heed that the common-wealth receiue no detriment any where : theirs to be present and serue the king , as any domestick servants doe their masters ; these mens , to defend the rights and priuiledges of the people , and diligently to prouide , that the prince himselfe commit , or omit nothing to their destruction . finally , those are the kings seruants , ministers , domesticks , instituted only to obey him ; these contrarily , are as the kings assessors in judging according to law and consorts of the royal empire ; so as all these are bound to gouern the commonweal , no otherwise then the king is ; yet he , as a president among them , may onely hold the first place . now as all the people are superiour to the king ; so euen these , although single , every of them be inferiour to the king , yet all of them are to be deemed superiour to him . how great the power of the first kings was , appeares sufficiently from this ; that ephron king of the hittites , durst not grant the right of a sepulcher to abraham without the peoples consent ; m nor hamor the hiuite king of sechem , make a league with iacob , the more weighty affaires being usually referred to the people . and vetily in those kingdomes , which at that time were circumscribed almost with one city , this was easie : but from that time kings began to inlarge their territories , neither could all the people assemble in one place without confusion , officers of the kingdome were appointed , who should ordinarily defend their rights ; yet so , as when there should be need , either all the people , or at least a certain epitome of them should be extraordinarily assembled . wee see this order to have been in the kingdome of israel , which by the judgement almost of all polititians , was best of all constituted . the king had his bakers , butlers , chamberlaines , masters and stewards of his house , who overlooked his family ; the kingdom had likewise its officers , . elders and captains chosen out of every tribe , who might take care of the republike in time either of peace or warre : and finally its magistrates in every town , who were every one to defend their rites , as the others the whole kingdome ( which he proves to be above their kings , and to over-rule them , in the * forecited passage . ) such were the . n magi , or wise men in the persian empire , being as it were consorts of the royall honor , and who were called the kings eyes and eares , with whose judgement we read the kings rested satisfied : such were the ephori in the spartan realm , to whom they appealed from the king , and who did likewise judge the kings themselves ; as it is in aristotle ; in the aegyptian kingdome the publike ministers were elected and assigned to the king by the people , onely to this end , that he should commit nothing against the lawes . now as o aristotle every where calls those lawfull kings , to whom such officers are adioyned , so likewise he feares not to say , where they are wanting , that there is not a monarchy , but either plainly a barbarous tyrannie , or a domination next to tyrannie . in the roman state the senators obtained this place , and the magistrates usually chosen by the people , the tribune of the consuls , the president of the city , and the rest , so as there lay an appeale from the king to the people , which seneca cites out of tullies book of the republike , and the history of horatius tergeminus , condemned by the royall iudges for the murder of his sister , and absolved by the people , sufficiently evidenceth : but under the emperours , the senate , consuls , pretors , pretorian perfects , presidents of provinces , which were given to the people and senate , were therefore all called the magistrates of the people of rome . therefore when as by the decree of the senate , maximinus the emperour was iudged an enemy of the republike , p and mazimus and albinus were created emperors by the senate against him , the souldiers took an oath , that they would fathfully obey the people of rome , the senate & emperor , howsoever this law might be violated under tyranny . as for the empires at this day ( as the turkish & muscovitish , and others of this kind , which are rather great robberies , then empires ) there is not one of them , which if not at this time , was not at least in times past governed in this manner . but if it be come to passe through the magistrats fault and sloathfulnes , that in some places posterity have received a worser commonweal , notwithstanding those who at this day possesse these offices , are bound as much as in them is , to revoke all things to their ancient state . in the german empire which is conferred by election , there are princes , and electors , as well laicks as ecclesiasticks , earles , barons , cities , embassadors of cities , who as they have the care of the commonweale in their severall places , so likewise in generall assemblies ( or diets ) when there is needs , they represent the majesty of the whole empire , where they are bound to care , that the republike sustain no detriment by the private endeavours or hatreds of the emperour . therefore there is one chancellour of the empire , another of the emperour ; other and different officers besides , both of the one , and other : divers exchequers , divers treasurers ; and therfore it is a cōmon saying , that the empire is preferred before the emperor , so as q the emperor may be every where said to do homage to the empire . likewise in the realm of poland , the bishops , palatines , castellans , nobles , deputies of cities and counties are extraordinarily assembled ; in whose assembly onely new constitutions are made , and wars decréed . but ordinarily the councellers of the realm of poland , the chancellor of the polish repub. &c. although the king in the mean time hath his own chamberlains , stewards , ministers & domesticks . but he who will dispute among the polonians , whether the king or the whole people of the kingdom , represented by the estates of the realm , be greater : doth just like him who should dispute at venice , whether the duke or the republike were the superior ? but what shal we say of those kingdomes which are wont to be carried by succession ? verily the thing is no otherwise there . the realm of france , which not long since was preferred before the rest both for the excellency of laws and orders , was thus constituted in times past ; and although those who hold that place do not sufficiently discharge their duty , yet they are not thereby the lesse obliged to do it : the king verily hath his great master , or arch-steward , his chamberlains , hunters , guard , butlers , and the rest , whose offices heretofore did so depend on the king that he dying , themselves seemed also to die in their office ; so that even yet , after the end of the mourning royall , the great master or arch-steward , is wont to pronounce certain conceived words , wherewith he dismisseth the royall family , and bids every one provide for himself : yet notwithstanding the kingdom of r france hath its officers , the master of the palace , who afterwards was stiled the earl of the stable , the marshals , admirall , chancellour , or great referendary , secretaries , treasurers , and officers , who verily heretofore were not created , but in the great publike covncell of the three orders of the clergie , nobilitie and people ; but since the standing parliament was ordained at paris , they are not thought setled in their offices , before they be received and approved by the senate of paris , ſ neither can they be casheer'd without their consent and authority : now all these , first plight their faith to the kingdom , that is , to all the people , after that to the king , as the guardian thereof ; which is perspicuous even from the very form of the oath . but especially the earl of the stable , when he is girded by the king with the liliated sword ( as appears by the words which he pronounceth , ) is girded to that purpose , that he may defend and protect the repvblike . moreover the realm of france hath its peers , as consuls of the king , or its senators , as the fathers of the republike , every of them denominated from the severall provinces of the kingdome , to whom the king , being to bee crowned , is wont to plight his faith , as to the whole kingdome : from whence it appeares , that they are svperior to the king : these again likewise swear , that they will defend , not the king , bvt the royall crown ; that they will assist the repvblike with their councell , and that for this end , they will be present in the sacred councell of the prince in time of peace or warre , as manifestly appears out of the formulary of the peership : therefore by the law of t lombardy ; in giving sentences , they did not onely sit with the lord of the fee as peers , but likewise heard the causes ofttimes between the superiour lord and his vassall . we likewise see these senators of france to have ofttimes judged between the king and subjects , so that when charles the . would have pronounced sentence against the duke of britain , they withstood him , and said , that the jvdgement was not the kings , bvt peers , from whose avthority he covld derogate nothing . hence even at this day the parliament at paris , which is called the court of peers or senators , is in some sort constituted a iudge between the king and people , yea , between the king and every private man , and is bound , as with an obligation to right every one against the king procurers , if he invades any thing against law ; besides , if the king determines any thing , or makes any edict at home , if he make any compact with neighbour princes , if any warre be to be waged , if any peace be to be made , as of late with charles the fifth , the parliament ought to approve , and bée authour of it , and all things which appertain to the common-wealth , ought to be registred among its acts ; which verily are not ratified , untill they shall be approved by it . now that the senators might not fear the king , heretofore none could be preferred into that order , but such who were nominated by the senate , neither could they lawfully be removed , but by its authority , for a lawfull cause . finally , even the kings letters , unlesse they be subscribed by the kings secretary , and rescripts , unlesse they be signed by the chancellour , ( who hath a power of cancelling ) have no authority . there are likewise dukes , marquesses , earles , vicounts , barons , castellanes ; also in cities , maiors , deputies , consuls , in sindeches , auditors , and the like , to whom some particular region or city are severally commended , that they may defend the people so farre forth as their jurisdiction extendeth , although some of these dignities at this day are reputed hereditary : and besides this , yearly heretofore , at leastwise as often as necessity required , there was held an v assembly of the three estates , wherein all the countries and cities of any note , did send their deputies , namely commons , nobles , ecclesiasticks in each of them apart ; where they publikely determined of those things which appertained to the republike : now such was evermorethe authority of this assembly , that not only those things which were therein accorded , were reputed sacred and holy , & whether peace were to be concluded , or war to be waged , or the guardianship of the realm to be committed to any one , or a tax to be imposed , was there concluded ; but even kings themselves for their luxury , slothfulnes or tyrannie , were thrust into monasteries , & by their authority , even all their ofsprings deprived of the succession of the kingdom , no otherwise then at first , when as they were called to the kingdom , by the peoples authority : verily those whō consent had advanced , dissent did pull down again ; those whom imitation of paternall vertues had as it were called into that inheritance , a degenerate and ungratefull minde , as it had made then uncapable and unworthy , so it did make them to be disinherited : from whence verily it appears , that succession truly was tolerated to avoid competition , succession , an interregnum , and other incommodities of election ; but truely when greater damages would follow ; where tyranny should invade the kingdom , where a tyrant the throne of a king , the lawfull assembly of the people perpetually reserved to themselves an authority of expelling a tyrant or slothfull king , and of deducing him to his kindred , and of substituting a good king in his place . verily peradventure the french received this from the gauls , x caesar in the fifth book of the gallic war , being the author ; for ambiorix king of the eburoni , confessed , that all that time the empires of the kings of gallia were such , that the people duely assembled , had no lesse authoritie over the king , then the king over the people ; which also appears in vercingetorix , who pleaded his cause before an assembly of the people . in the kingdoms of spain , especially in valentia and catteloigne of the arragonians it is even thus , for the soveraignty of the realme , is in the justice of aragon , as they call it ; therefore the great men , who represent the people , fear not to tell the king in direct terms , both in his very coronation it self , and likewise every third year in the generall assembly of their estates , tantum valemus nos , quantum vos ; we are as powerfull as you , but the justice of aragon is above us both , who rules more than you . yea , oftentimes what things the king hath asked , what he hath injoyn'd , the iustice hath prohibited ; nay , he never dares to impose any tribute without the authority of that assembly . in the realms of england and scotland , the supreme power is in the parliament , usually wont to be held almost every year . now they call a parliament , the assembly of the estates of the realme , where the bishops , earls , barons , deputies of the cities and counties by common suffrage determine of the republikes affairs , whose authority is so sacred , that what things soever it shall once establish , it is unlawfull ( or a wicked act ) for the king to abrogate . likewise all the officers of the realme are wont to receive their offices from that assembly , and those who ordinarily assist the king or quéen in councell . in brief , other christian kingdoms , as hungary , bohemia , denmarke , sweden , and the rest , have all their officers of the realm , or consuls of the royall empire , who by their own authority have sometimes used even to depose their kings themselves , as histories teach , or fresh memory sufficiently manifests : neither is there verily any cause that we should think the royall authority to be thereby deminished , or that kings should hereby suffer as it were a diminution of their heads ; truly , we deem not god the lesse potent for this , because he cannot sin by himself , nor his empire more restrained , because it cannot be ruined , nor grow worse ; therefore not a king , if that he who may offend by himself , be sustained or kept from sinning by anothers help ; or if peradventure he had lost any empire by his own negligence or fault , that he may retain by anothers prudence . what ? do you think any man lesse healthy , because phisitians sit round about him , who dehort him from intemperance , who interdict him the eating of hurtfull meats , who likewise oft-times purge him against his will , and resisting ? or whether doest thou think those phisitians who take care of his health , or flatterers who obtrude the most unwholsome things , to be more his friends ? therefore this distinction is altogether necessary to be adhibited : some are friends of the king , others of caesar ; those are friends of caesar , who serve caesar ; those friends of the king or emperour , who serve the kingdom : for since any one is called a king , for the kingdoms sake , and the kingdom consists in the people ; but the kingdom being lost or decayed , the king must altogether cease to be a king , or , at least , be lesse a king : those verily who shall study the profit of the kingdom , are truly the kings friends ; those who neglect , or subvert the profit of the realm , are truly his enemies : and as thou canst by no means separate the kingdom from the people , nor the king from the kingdom ; so neither the friends of the king from the friends of the kingdom or people ; yea verily , as those who truely love caesar would rather have him to be a king then a private man , nor can they have him a king without a kingdom , in good sooth those shall be the kingdoms friends who are caesars ; and those who would seem to be more the friends of caesar , then of the kingdom or people , are truly to be reputed flatterers and most pernicious enemies . but and if they bee truely friends , is it not manifest , that the king will become more powerfull and stable , ( as theopompus said of the ephori when instituted ) by how much those shall be more , and more powerfull , to whom the profit of the people or realm shall be commanded and committed ? but perchance thou wilt say , you tell me of the senators , peers , and officers of the realm , but i , on the contrary , see nothing but ghosts , and as it were ancient cote-arms in tragedies , but i scarce any where discern any foot-steps of ancient libertie and authoritie . finally , you may see most men every where to look to their own affairs , to flatter kings , to cheat the people ; scarce any where maist thou finde one who takes pity of the mascerated people , much lesse who will give help to the miserable ; but if there be any who are truely of that minde , or thought to be so , they are judged rebels , or traitors , they are banished , and they are compelled to begge even their very food . what ? the thing is thus : it seems almost alwayes and in every place the audacitie of kings , or partly the prevarication , partly the slothfulnesse of the nobility hath been such , that kings may seem to have usurped that licentiousnesse wherewith most of them at this day seem to wax insolent , by a long prescription of time , but the people may seem to have determined their authority , or to have lost it by not using it : for so it happens for the most part , that no man takes care for that which all are bound to take care of , that which is committed to all , no man thinks it is commended to him . yet notwithstanding , against the people , neither this prescription nor prevarication doth any thing . it is a vulgar saying , that no prescription can hurt the king , or exchequer , much lesse all the people , who are potenter then the king , and for whose sake the prince hath this priviledge ; for why else is the prince only the administrator of the exchequer , but for the people , the true proprietors as shal be after proved ? furthermore , is not this a known truth , that no violence , no not in the longest lasting servitude , y can be prescribed against liberty ? but and if thou objectest , that kings were constituted by the people , who perchance lived above five hundred yeer since , not by the people extant at this day ; i answer , that although kings doe die , the people in the mean time ( as neither any other universitie ) never dyeth ; for as flowing waters make a perpetuall river , so also the vicissitude of birth and death an immortall people : therefore as the rheine , seine , tyber , is now the same as it was above a thousand years agoe , so likewise the germane , french , roman people are the same , ( unlesse colonies shall have casually intervened ) neither can their right be any wayes changed , either by the flux of water , or change of individuals . besides , if they attribute the kingdom received , not to their people , but to their father , & he to his grandfather , and so upwards , could he transfer more right to another then himself first had ? but and if he could not , ( as it is certain he could not ) is it not manifest , whatsoever he shall arrogate to himself besides , that he cannot any more usurp it then any theef ? but on the contrary the people have a right of perpetuall eviction . therefore that the nobles have been for a long space oppressed in any kingdom , can no way prejudice the people ; but rather , as the servant should not be heard , who in that he hath a very long time detained his lord captive , should boast , that he was not onely a free-man , but would likewise arrogate to himself a power of life and death over his lord : nor yet a theefe , who because he hath robbed . yeers , or is the sonne of a theefe , should think himselfe to be without fault , yea rather , by how much the longer he hath been such a one , the more severely should he be punished : so likewise a prince is not to be heard or endured , who because he hath succeeded to a tyrant , or hath for a long time used the people like a bondslave , from whom he hath received his kingdome , or hath offered violence to the nobles , should think that what ever ●e lusted should be lawfull to him , and ought to be granted of right . neither doe yeers substract any thing from the peoples right , but adde to the injury of the king. but what , if the nobles themselves have colluded with the king ? what , if in betraying the cause , they have betrayed the people as it were bound , into the hands of a tyrant ? shall the authority of the people by this prevarication or treason seem to be plainly transferred upon the king ? whether i say , by this fact is any thing taken away from the liberty of the people , or adjoyned to the licentiousnesse of the prince ? you will say , they may impute it to themselves , who made choise of such men of perfidious faith . but yet these are as patrons to patronize the publike profit , and the peoples safety and liberty : therfore as when an advocate shall make a compact with the adversary of his client , concerning the value of the suit as they speake , if he had betrayed his cause , he should not hurt him at all ; so this conspiracie of the nobles , as it were made to the dammage and destruction of the people , cannot verily detract any thing from their right ; but even they themselves shall fall into the penalty of the law , which is promulged against prevaricators , and the law permits the people to chuse another patron , and to prosecute their right againe : for if the roman people condemned their emperors to punishment , who at the caudine gallowes had dishonourably contracted with the enemies , although by compulsion , and reduced to greatest straits ; and judged that they were no wayes obliged by that paction ; shall not the people be much lesse bound to suffer that yoke , which not by force , but willingly ; not for feare of death , but out of desire of gain , hath been thus treacherously put upon them ? or if those who ought to shake it off shall impose it , or those who might doe it , shall tolerate it ? he hath many other pertinent passages to the same effect , which brevity enjoynes me to omit ; those that please may read them at their leisure in the author himselfe ; whose opinion is fortified by alphonsus menesius his poems , annexed to his treatise . thirdly , it is abundantly manifest from all the premises ; that kings and emperours alwayes have been , are , and ought to be subject to the lawes and customes of their kingdomes , not above them , to violate , breake , or alter them at their pleasures , they being obliged by their very coronation oathes in all ages and kingdomes inviolably to observe them . this verily is confessed a by k. iames , by our b k. charls himself in his late declarations to al his subjects ; resolved by e bracton f fleta , g fortescue , our h common and statute laws i forecited ; by the year book of . h. . . a. where fray saith , that the parliament is the highest court which the king hath , and the law is the highest inheritance which the king hath , for by the law he himselfe and all his subjects are ruled ; and if the law were not , there could be no king nor inheritance ; this is proued by k stephen gardiner bp. of winchester in his letter to the lord protector ; where he writes , that when he was embassadour in the emperours court he was faine there , and with the emperours embassadour to defend and maintaine , by commandment * in a case of jewels , that the kings of this realme were not above the order of their laws , and therefore the jeweller although he had the kings bill signed , yet it would not be allowed in the kings court , because it was not obtained according to the law ; and generally granted by all our own g english writers , is copiously asserted , and professedly averred by aristotle , polit. l. . c. . . marius salomonius de principatii . in sixe speciall books to this purpose , by justus eccardus de lege regia , thomas garzonius emporii , h emporiorum , pars . discursus . de dominiis sect . . p. , . joannis carnotensis episc . lib. . policrat . c. . bochellus decreta , eccles . gal. l. . tit. . cap. . , . haenon . disput . polit. p. . to . fenestella de magistratu , p. . ioannis mariana de rege & regis instit . l. . c . ( an excellent discourse to this purpose ) petrus rebuffus , praefat. ad rubr. de collationibus , p. , . sebastianus foxius de rege , &c. part . . p. , part . . &c. buckanon de iure regni apud scotos passim , iunius brutus vindiciae contra tyrannos , quaest . . p. . to . ( an accurate discouse to this effect ) grimalius de optimo senatore , p. . , . vasquius contr . illustr . . n. . . . . n. . ● . . n. . . n. . . n. . . . n. . and elswhere . de iure magistratus in subditos , passim , polanus , in ezech. p. . . pareus in rom. . p. . francis . hotomani , franco gallia . c. . to the end of cap. . sparsim , governado christiano , p. . cunaeus de republ. hebr. l. . c. . . schickardus ius regium hebrae p. . hugo grotius de iure belli , l. . c. . f. . l. . c. . and elsewhere thorowout his second book , with infinite others of all sorts : this all good emperours and kings in all ages have professed , as these authors prove . thus the good emperour trajan practised and professed ; that the prince was not above the laws ; hence i apollonius thyanaeus writing to the emperor domitian , saith , these things have i spoken concerning lawes , which if thou shalt not think to reignover thee , then thy self shalt not reign : hence k autiochus the third , king of asia is commended , that he writ to all the cities of his kingdom , if there should be any thing in his letters he should write , which should seem contrary to the laws , they should not obey them . and anastatius the emperour made this wholesome sanction , admonishing all the iudges of his whole republike , that they should suffer no rescript no pragmaticall sanction , no sacred adnotation which should seem repugnant to the generall all law or the publike profit , to be produced in the pleading of any suite or controversie ; enough eternally to shame and silence those flattering courtiers , lawyers , divines , who dare impudently , yea , impiously suggest the contrary into princes ears , to excite them to tyrannize and oppresse their subjects against their expresse oathes ( inviolably to observe and keep the laws ) their duties , the very lawes of god and man ; of which more in the seventh and eigth observation . fourthly , that kings and emperours can neither anull nor change the laws of their realms , nor yet impose any new laws , taxes or impositions on them , without the consent of their people , and parliaments : this i have largely manifested in the first part of this discourse , and the premised histories , with the authors here quoted in the three precedent observations , attest and prove it fully ; for if the whole kingdom , parliament , and laws themselves be above the king or emperour , and they receive l their soveraign authority from the people , as their publike servants : it thence infallibly follows , that they cannot alter the old laws which are above them , nor impose new lawes or taxes to binde the whole kingdom , people , without their assents , they being the soveraigne power . this point being so clear in it self , so plentifully proved in the premises , i shall onely adde this passage out of m iunius brutus , to ratifie it ; if kings cannot by law change or extenuate laws once approved without the consent of the republike , much lesse can they make and create new laws ; therefore in the german empire , if the emperour think any law necessary , he first desires it in the generall assemblies ; if it be approved , the princes , barons , and deputies of cities subsigne it , and then it is wont to be a firme law : yea , he swears , that he will keep the laws enacted , and that he will make no news laws but by common consent . in the kingdom of poland there is a law , ( renewed , an. , and . ) that no new laws or constitutions shall be made , but onely by publike consent , or in any place but in parliament . in the realm of france , where yet commonly the authority of kings is thought most ample , laws were heretofore enacted in the assembly of the three estates , or in the kings ambulatory councell ; but since there hath been a standing parliament , all the kings edicts are void , unlesse the senate approve them ; when as yet the arrests of that senate or parliament , if the law be wanting , even obtain the force of a law : so in the kingdoms of england , spain , hungarie , and the rest , there is , and of old hath been the same law : for if kingdoms depend upon the conservation of their laws , and the laws themselves should depend upon the lust of one homuncio , would it not be certain , that the estate of no kingdom should ever be stable ? would not the kingdom necessarily stumble , and fall to ruine presently , or in a short space ? but if as we have shewed , the lawes be better and greater than kings , if kings be bound to obey the laws , as servants are to obey their lords , who would not obey the law rather then the king ? who would obey the king violating the law ? who will or can refuse to give ayd to the law thus infringed ? fiftly , that all publike great officers , judges , magistrates , and ministers of all realms , are more the officers and ministers of the kingdom , than the kings , and anciently were , and now ought to be of right elected onely by the kingdom , parliament , people , and not removable but by them : which is largely proved by iunius brutus vindiciae contr . tyrannos , qu. , , ● . de jure magistratus in subditos , qu. , , , , . with others , the histories forecited , and hotomani francogallia , c. , , , , . . that kings and emperors have no absolute power over the lives , * liberties , goods , estates of their subjects to dispose of them , murther , imprison , or strip them of their possessions at their pleasure ; but ought to proceed against them in case of delinquency according to the known lawes and statutes of their realmes : this truth is abundantly evidenced by all the premises ; by magna charta , c. . and all statutes , law-books in affirmance of it ; by resolution of the judges in henry . his reigne , brook. corone . that it is felony to slay a man in justing , and the like , notwithstanding it be done by command of the king , for the command is against the law ; and of judge fortescue , . h. . . that if the king grant to me , that if i kill such a man , i shall not be impeached for it , this grant is void and against law. by junius brutus , vindiciae contra tyrannos , quast . . p. , to . and the treatise de jure magistratus in subditos in sundry places , where this undeniable verity is largely proved , confirmed , and by others forecited . seventhly , that emperours , kings , princes are not the true proprietory lords or owners of the lands , revenues , forts , castles , shipps , iewels , ammunition , treasure of their empires , kingdoms , to alienate or dispose of them at their pleasures ; but onely the guardians , trustees , stewards , or supervisors of them for their kingdoms use and benefit , from whom they cannot alien them , nor may without their consents or privities lawfully dispose of them or any of them , to the publike prjudice ; which if they doe their grants are void and revocable . this proposition n formerly ratified by many reasons , authorities , & sundry historicall passages in this appendix , is not only evident by the metropolitans usuall speech to all elected kings , ( prescribed by the roman pontificall , ratified by the bull of pope clement the eight , o where the metropolitan , when any king is presented to him to be crowned , first demands of the bishops , who present him ; do you know him to be worthy of and profitable to this dignitie ? to which they answer , we know and beleeve him to be worthy and profitable to the church of god , and for the government of this realme : after which the metropolitan among other things , useth this speech unto him , thou shalt undeniably administer iustice , without which no society can continue towards all men , by rendring rewards to the good , punishment to the evill , &c. and shalt so carry thy self that thou maist be seen to reign not to thine own , but to all she peoples profit , and to expect a reward of thy good deeds , not in earth but in heaven ; which he immediately professeth with a solemn oath , to perform to the uttermost of his power and knowledge ; ) but likewise professedly maintained by iustus eccardus de lege regia , marius salamonius de principatu , hugo grotius de iure belli , & pacis , l. . c. sect . . lib . c. . . hotomani franco-gallia , c. . . . ruibingius , l. . class . . c. . n. . ioannis mariana , hist. l. c. . l. . c. l. . c . albericus gentilis , de iure belli , l. . c. . cuiacius , c . de iure iurando , decius , cons . . . cephalus , concil . . alciatus , l. . de v. s . l. . c. de pact . baldus proaem . digest . and by iunius brutus vindicia contra tyrannos , qu. . p. . to . who handles this question professedly , whether that the king be the proprietory lord of the publike royall patrimany of his kingdom , or the vsufractuary of it ? determining cleerly that he is not . i shall transcribe the most of his dicourse ; this head we must handle a little more accurately . this is first to be observed , that the patrimony of the exchequer is one thing , of the prince another thing ; i say , the things of the emperour , king , prince are one thing , the things of antonine , p henry , philip another : the things of the king are those , which he as king possesseth ; the things of antonine , those which he hath as antonine , and those verily he received from the people , the other from his parents . this distinction is frequent in the civill law , wherein the patrimonie of the empire is said to be one thing , of caesar another , the exchequer of caesar one thing , the treasury of the republike another , the treasurer of caesar one person , of the emperiall exchequer another , the courts of sacred donations , others from those of private things ; so that he who as emperour is preferred before a private man in a pledge , may sometimes be placed after him as antonine . likewise in the german empire , things of marimilian of austria are one kinde of things , of maximilian the emperour another ; the treasurers of the empire others , and of himself other from them ; likewise by another law , the hereditary possession of princes are different , from those which are annexed to the dignities of the electorship . yea , even among the turks the patrimoniall grounds or gardens of selymus are one thing , the fiscall ground another ; and those verily are spent on the princes table , these onely in sustentation of the empire . yet there are kingdoms , as the french , english , and the like , wherein kings have no private patrimonie , but onely the republike received from the people , in which therefore this distinction is not used . now as for the private goods of princes , if there be any , there is no doubt but they are the proprietors of them , no otherwise then private citizens ; and by the civill law they may sell and divide them at their pleasure ; but verily of the exchequer , kingdom , royall patrimony , which is usually called demesnes , they can with no reason be called the proprietory lords . for what ? whether because one hath made thee a shepheard for his flocks sake , hath he delivered it thee to fley , divide , doe with it , and strike it at thy pleasure ? whether because the people have constituted thee a captain or judge of some citie or county , have they given thee power of alienating , selling destroying that citie or county ? and surely there is made an alienation of the people together with the region or countie , have they therefore given thee authority of severing , prostituting , enslaving them to whom thou wilt ? furthermore , is the royall dignitie a possession , or rather a function ? if a function , what community hath it with a propriety ? if a possession , whether not at least such an one , that the same people by whom it is delivered , may perpetually retain the propriety to it self ? finally , if the patrimonie of the eschequer , or demaines of the republike , be truely called a dower , and truely such a dower , by whose alienation or delapidation both the republike it self and kingdom , and king himself finally perisheth ; by what law at last , shall it be lawfull to alienate this dower ? therefore let wenceslaus the emperour be infatuated , let charles the sixth king of france be distracted , and give or sell the kingdom or a part thereof to the english ; let malchom king of scotland prodigally spend the crown land , and royall treasure , what will follow ? those who have chosen a king against the invasions of forraigners , by the folly or madnesse of the king shall be made the servants of forraigners ; those who by this means would severally desire to secure their estates , shall all of them together be exposed to a prey ; those things which every one shall take from himself or from his pupils , as in scotland , that he mightendow the commonwealth , some bawd shall riotously consume . but if , as we have already often said , kings be created for the peoples use , what use at all shall there be , if not onely the use , but even the abuse be granted ? to whose good are so many evils ? to whose benefit so many losses , so many perils ? if , i say , whiles i desire to look after my liberty or safetie , i make my selfe a slave , i expose my selfe to the lust of one man , i put my self into fetters and stocks ? therefore we see this law , as it is infused by nature , so likewise it is approved by use almost among all nations , that it is not lawfull for the king to diminish the commonwealth at his pleasure ; and he who doth contrary , is censured to play not the king , but tyrant . certainly where kings were created , there was a necessity to give them some revenues , by which they might both support their royall state , but most principally sustain the royall burthens , for so both honesty and profit seemed to require . it pertained to the royall office to see judges placed every where , who should not take gifts , and who should not prostitute the law to sale ; moreover , to provide a force ready at hand which should assist the law when ever there should be need ; to preserve the wayes safe , commerce safe , &c. but if warre were feared ; to sortifie cities with a garrison , to inviron them with a trench against enemies , to maintain an army , to furnish armories . now this is a know proverb , that peace cannot consist without warre , nor war without souldiers , nor souldiers without wages , nor wages without tribute : therefore to sustaine the burthens of peace , the demesne was instituted , ( which among the lawyers is called canon ) to defray the charges of warre , tribute ; yet so , as if some more heavy charge should accrue , an extraordinary ayde given by parliament should supply ; the end of all which verily , is the good of the commonwealth , so as he that converts it to his private use , is plainly unworthy the name of a king . for a prince , saith paul , is the minister of god for the peoples good , and tributes and customes are paid to him , that he may continually attend thereto ; and truely heretofore almost all customs of the romanes seem to have had this originall , that the precious merchandize used to be brought out of india , arabia , aethiopia might be secured against piraticall invasions , for which cause a navie was furnished ; of which kinde was the tribute of the red-sea , pedatica , navigia , portoria , and the rest ; that the publike wayes , ( which were therefore called pretorian , consular , royall ) should be rendred safe from theeves plain and easie ; which charge even now lieth upon the kings attorny ; that the publike bridges should be repaired , as appears out of the constitution of lewes the godly ; twelve over seyne ; that ships should be ready at hand to transport men over rivers , &c. there were no tributes of saltpits , yea , most of them were in the dominion of private men ; because what things nature did voluntarily give , they thought ought no more to be sold , then light , ayre , water . and whereas a certain king named lycurgus , had begun to impose a tax on salt pits , as if nature would not suffer her liberality to be restrained , they are said to have been presently dried up ; although at this day , if we beleeve palphur or armilot , whatever good , or faire thing can be got out of the whole sea , in each realme it flowes , some custome to the kings exchequer owes . he who first instituted this custome at rome , was livius censor , whence he obtained the surname of salinator , which he did for the most present necessity of the commonwealth . for that very cause truly , king philip obtained it onely for five yeares , whose continuation what commotions it hath produced , every man knoweth : finally , that tributes were instituted to pay souldiers wages in warres , appeares even from this , that to make a province stipendary or tributary , is the selfe-same thing indeed . thus solomon imposed tributes to fortifie cities , and to furnish a publike armory , which because they were finished , the people under rehoboam desired to be eased thereof : yea , the turkes themselves call the tribute of princes , the sacred blood of the people , which profusely to spend , or to convert to any other use , but to defend the people , is a cursed act . therefore what things soever a king acquires in warres in every nation , because he gaines it by the common treasure , he acquires it to the people , not to himselfe , as a factor doth to his master : moreover if perchance he gaine any thing by marriage ( which i say , is pure and simply his wives ) he is thought to acquire it to the kingdome , because he was presumed to marry that wife , not as he is philip or charles , but as he is king. on the contrary , as queenes have part of those things which their husbands not yet coopted into the kingdome have gained during the marriage ; so plainly they have no part of those things they get after they have obtained the kingdome , because they are reputed gained to the publike treasures , not to the private meanes of the king , which was judged in the realme of france , between philip valoyes and ioan of burgundy his wife . now , lest the monies should be extorted to some other use , the emperour sweares , that he will impose no customes , nor enjoyne no taxes , but by the authority of a publike assembly . the kings of poland , hungary , denmarke , england doe the like out of the lawes of edward the first . the french kings heretofore demanded tributes in the assemblies of the three estates ; hence also is that law of philip valoyes ; that impositions should not be imposed but upon great and urgent necessity , and that by the consent of the three estates : moreover in times past those taxes were laid up in castles throughout every diocesse , and delivered to selected men ( they even now call them elected ) to be kept , by whose hand the soldiers enrolled in every town , should receive their wages , which was also usually done in other countries , as in the belgick ; at this day at least , whatsoever things are commanded , are not confirmed , unlesse the parliament consent . now there are some provinces , which are not bound by covenant , but by the consent of the estates , as languedoc , britain , province , dolphenie , and some others ; and in the netherlands clearly all . finally , lest the eschequer , swelling like the spleen , whereby all the other members do pine away , should draw all things to it self , every where a due proportion is allotted to the eschequer . since therefore at last it appeares , that the tributes , customes , demesall , that which they call demesnes , ( under which names portages , imposts , exposts , royalties , wrecks , forfeitures , and such like are comprehended ) which are ordinarily or extraordinary given to kings , were conferred on them for the benefit of the people , and supportation of the kingdome , and so verily ; that if these nerves should be cut in sunder the people would fall to decay , these foundation being under-mined , the kingdome must needs fall to the ground ; it truely followes , that he who to the prejudice of the people burthens the people , who reaps a gain out of the publike losse , and so cuts their throat with their own sword , is not a king , but a tyrant : contrarily , that a true king , as he is a survey or of the publike affaires , so likewise an administrator of the publike riches , but not a proprietary lord , who can no more alienate or dissipate , the royall demesnes , then the kingdome it selfe ; but if he shall demene himselfe otherwise ; verily as it is behoovefull to the republike , that every one should use his own proper goods well , much more is it beneficiall for the commonweal , that every one should use the publike estate well . and therefore if a lord who prodigally spends his estate , is by publike authority deduced to the wardship of his kinsmen , and family and compelled to abstaine from his possessions ; then truly much more justly , the gardian of the republike , who converts the publike administration of all wealth into the publike destruction , or utterly subverts it , may justly be spoiled , by those whom it concernes , and to whom it belongeth out of office , unlesse he desists upon admonition . now that a king in all lawfull empires is not a proprietary lord of the royall patrimony , is easie to be manifested . that we may not have recourse to those most ancient ages , whose image we have in the person of ephron king of the hittites , who durst not verily sell his field to abraham , without the peoples consent ; that very law is at this day used in all empires . the emperour of germany before he is crowned , sacredly swears , that he will alienate , distract , or morgage nothing of those things which appertain to the empire , and the patrimony of the empire ; but if he recovers or acquires any thing by the publike forces , that it shall come to the empire , not to himself . therefore when charles the fourth , that wenceslaus his sonne might be designed emperor , had promised an crowns to every one of the electors , and because he had no ready monies , had obliged to them by way of pawne to this end , the imperiall customs , tributes , townes , proprieties and rights ; there arose a most sharp dispute about it , and the most judged the morgage to be void ; which verily had not availed , unlesse that morgage had been gainfull to those very men , who ought to defend the empire , and principally to oppose that morgage : yea , therefore wenceslaus himself was compelled , as incapable , to deprive himself of the empire , because he had suffered the royall rights , especially the dukedome of millain to be taken from him . in the polish kingdom there is an ancient law , of not alienating the lands of the kingdom of poland , renewed an. m.ccclxv by king lewes : there is the same law in the realm of hungary , where we reade , that andrew king of poland , about the year m. ccxxi . was accused before pope honorius the third , that neglecting his oath , he had alienated the crown lands . the like in england in the law of k. edward , an. m.ccxcviii . likewise in spain by the constitution made under alphonso , renewed again mdlx in the assembly at toledo ; which lawes verily were enacted , when as custome for a long time before had obtained the force of a law. but verily in the kingdome of france , wherein , as in the pattern of the rest , i shall longer insist , this law was ever sacrosanct : it is the most ancientest law of the realme , i say , the law born with the kingdom it self , of not alienating the crown ( or demesne ) lands , renewed in the year m , d , . although it be ill observed . two cases onely are excepted , panage or apennage ( aliments ) to be exhibited to his children or brethren , yet so as the clintelary right be alwayes retained ; again , if warlike necessitie require it , yet with a pact of reddition , yet in the interim both of them were heretofore reputed void , unlesse the assembly of the three estates had commanded it ; but at this day , since a standing parliament was erected , it is likewise void , unlesse the parliament of paris , which is the senate of peers , and the chamber of publike accounts shall approve it , and the presidents of the eschequer also by the edict of charles the and . and this is so farre forth true , that if the ancient kings of france would endow any church , although that cause then seemed most favourable , they were bound to obtain the consent of the nobles ; as king childebert may be for an example , who without the consent of the french and normans , durst not endow the monastery of s. vincents in paris , as neither clodoveus the second , and the rest . moreover , they cannot release the royalties , or the right of nominating prelates to any church ; but if any have done it , as lewes the eleventh in favour of the church of sennes , and philip the fourth of augiers , philip augustus of naverne , the parliament hath pronounced it void . the king of france , when he is to be crowned at rheimes , sweares to this law , which if he shall violate , it avails as much as if he contracted concerning the turkish or persian empire . hence the constitutions , or as they callit , the statutes of philip the sixt , john the d , charles the fift , sixt , eight , of resuming those things which were alienated by their ancestors , ( of which resumptions there are many instances cited by hugo grotius de jure belli & pacis , l. . c. . n. . . & adnotata ibid. ) hence in the assembly of the three estates at towres ( an. . . . . . ) in which charles the eight was present , many towns of the alienation of lewes the eleventh his father , which he had by his own authoritie given to tancred castellan , who demerited well of him , were taken from his heirs ; which even in the last assembly of the three estates held at orange , was again decreed . thus concerning publike lands . but that it may the more evidently appeare , that the kingdome is preferred before the king , that he cannot by his private authoritie diminish the majestie which he hath received from the people , nor exempt any one from his empire , nor grant the right of the soveraign dominion in any part of the realm ; charles the great once endeavoured to subject the realm of france to the german empire ; but the french vehemently withstood it , a certain vascon prince making the oration : the matter had proceeded to arms , if charles had proceeded further . likewise , when some part of the realm of france was delivered to the english , the supreme right was almost perpetually excepted ; but if force extorted it at any time , as in the brittish league , wherein king iohn released his soveraign right in gascoigne and poytiers , the king neither kept his contract , neither could or ought he more to keep it , then a captain , tutor or guardian , as then he was ; who that he might redeem himselfe , would oblige the goods of his pupils . by the same law the parliament of paris rescinded the agreement of the flusheners , wherein charles of burgundy extorted ambian , and the neighbour cities from the king ; and in our time the agreement of of madrit , between francis the first a captive , and charles the fift the emperour , concerning the dukedome of burgundy was held void ; and the donation of charles the sixt of the kingdom of france by reason of death , conferred on henry king of england , may be one apt argument of his extreme madnesse , if others be wanting . but that i may omit other things which might be said to this purpose , by what right at last can a king give or sell his kingdom or any part thereof , seeing they consist in the people , not in the walls ? now there is no sale of free men , when as land-lords cannot so much as constrain their free tenants , that they should settle their houshold in any other place then where they please ; especially seeing they are not servants , but brethren ; neither onely are all kings brethren , but even all within the royall dominion ought to be so called . but whether if the king be not the proprietorie of the realme , may he not at least be called the usufructuary , or receiver of the profits of the crown lands ? truely , not so much as an usufructuary . a usufructuary can pawn his lands , but we have proved , that kings cānot morgage the patrimony of the crown . a fructuary can dispose or give the profits at his pleasure ; contrarily , the great gifts of the king are judged void , his unnecessary expences are rescinded , his superfluous cut off ; what ever he shall convert into any other but the publike use , he is thought to have violently usurped . neither verily is he lesse obliged by the cincian law , then any private citizen among the romanes , especially in france where no gifts are of force without the consent of the auditors of the accounts . hence the ordinary annotations of the chamber under prodigall kings ; this donation is too great , and therefore let it be revoked . now this chamber solemnly swears , that whatsoever rescript they shall at any time receive from the king , that they will admit nothing which may be hurtfull to the kingdom and commonweale . finally , the law cares not how a fructuary useth and enjoyeth his profits ; contrarily , the law prescribes the king in what manner , and unto what use he ought to put them . therefore the ancient kings of france were bound to divide the rents into four parts ; one part was spent in sustaining the ministers of the church , and the poor , another upon the kings table , the third on the wages of his houshold servants , the last in the repaire of royall castles , bridges , houses ; the residue , if there were any , was laid up in the treasury . verily what stirs there were about the year in the assembly of the three estates at paris , because charles the sixt had converted all things into his and his officers lusts , and that the domestick accounts , which before had not exceeded thousand french crowns in such a miserable estate of the republike , had increased to the sum of five hundred and forty thousand crowns , is sufficiently evident out of histories : now as the rents of the crown were thus lessened , so also the oblations and subsidies were spent upon the warre , as the taxes and tallages were onely destinated to the stipends of souldiers . in other realms the king verily hath not any more authority , yea , in most he hath lesse , as in the germane and polish empire : but we would therefore prove this to be so in the realm of france , lest by how much any man dares to doe more injury , by so much also he might be thought to have more right . in summe , what we have said before , the name of a king sounds not an inheritance , not a propriety , not a perception of profits , but a function , a procuration . as a bishop is instituted for the cure and salvation of the soul , so the king of the body , in those things which pertain to the publike goods ; as he is the dispenser of sacred goods , so the king of prophane , and what power he hath in his episcopall , the same , and no greater hath the king in his dominicall lands ; the alienation of the episcopall lands without the consent of the chapter , is of no validitie , so neither of the crown land without a publike parliament or senate of the estates ; of sacred revenews one part is designed to aedifices , another to the poor , a third to companions , a fourth to the bishop himself ; the same verily almost we see the king ought to do in dispensing the revenewes of the kingdom . it hinders not , that the contrary every where is at this day usurped : for the duty of bishops is not any way changed , because many bishops sell those things from the poor , which they spend upon bawds , or wast all their mannors and woods ; nor yet that some emperours have attributed all kinde of power to themselves , for neither can any one be judge in his own cause . but if any cararalla hath said , that so long as his sword remains , he would want no money ; adrianus caesar will also be present , who shall say , that he would manage the principality , so as all should know , that it was the peoples goods , or inheritance , not his own ; which one thing almost distinguisheth a king from a tyrant : not , that attalus king of pergameni , ordained the people of rome heirs of his realme ; that alexander bequeathed the kingdom of aegypt , ptolomie of the cyrenians , to the people of rome , or prasutagus of the iceni to caesar ; verily this great power cannot debilitate the force of the law , yea , by how much the greater it is , by so much the lesse it hurts our law ; for what things the romanes seized upon by pretext of law , they would notwithstanding have seized on by force , if that pretext had been wanting : yea , we see almost in our times , the venetians , by pretext of a certain imaginary adoption , which without force had been plainly ridiculous , to have taken the kingdom of cyprus . nor yet doth the donation of constantine to pope sylvester hinder , for this chaffe seemed absolete long since to gratian , and is damned to the fire . not the donation of lewes the godly to paschall , to wit , of rome , with part of italy , because pius gave that which he possessed not , and no man resisted ; but charles , his father , willing to subject the realm of france to the german empire , the french resisted him by law ; and if he had gone further , they prepared to resist by sorce not , that solomon as we read , delivered twenty cities to hiram king of tyre , for he did not give them , but pawned them as a creditor till he paid him , and within a short time recovered them , which appears out of the text ; moreover also they were barren grounds , tilled by reliques of the heathens , which he receiving again from hiram , gave them at last to the israelites to be tilled and inherited . neither can this more hinder , that in certain kingdoms this condition perchance doth not so expresly intervene betweene the king and his people ; for albeit it were not at all , yet it appears by the law of nations , that kings are not subverters , but moderators of the republike , that they cannot change the right of the commonwealth by their pactions ; that they are lords onely when they take care of their pupils , that they are to be accounted no other then guardians ; and that he is not to be esteemed a lord , who spoils the city with liberty , and selleth it like a slave . not finally , that certain kingdoms are gained by kings themselves , for they acquired not kingdoms by their owne , but by publike hands , forces , treasures ; now nothing is more consonant to reason , then that those things which are gotten by the publike riches , and common dangers of the citizens , should not be alienated without common consent , which holds place even amongst theeves themselves ; he destroyeth humane society , who doth the contrary : therefore though the french have by force seized on the german empire , and they also on the realm of france , yet the same law holds in both . in sum , at last we ought to determine , that kings are not proprietors , nor fructuaries , but onely administratours ; and since it is so , that verily they can much lesse attribute to themselves the propriety and profits of every mans private estate , or of the publike wealth which belongeth to every town . thus and much more this accute learned lawyer , to the conviction and refutation of all opposite ignoramusses in this case of grand concernment , which will put a period to our unhappy controversies concerning the militia , ( * formerly discussed ) without further debate . eighthly , that emperours and kings are most solemnly obliged by a covenant and oath , usually made to , and before all the people at their coronations , to preserve their peoples lawes , liberties , lives , estates ; by breach whereof in a wilfull excessive manner , they become perjured tyrants , and the people and magistrates are in some sort thereby absolved from their allegiance , and all obedience to them . this is evidently and plentifully confirmed by the q forecited coronation oathes , and covenants of our own english kings to their subjects , by de jure magistratus in subditos , quaest . . p. . . and quaest . p. . to . andrew favine his theatre of honour , lib. . c. . . francisci hotomani franco-gallia , cap. . . &c. hugo grotius de jure belli & pacis , l. . c. . . pontificale romanum , romae . fol. , . descripti● coronationis maximiliani imperatoris , anno . inter reruns german scriptores , tom. . p. . olaus magnus de gent. septentrionalibus hist . l. . c. . laur. bochellus decreta ecclesiae gallicanae , l. . tit. . c. . p. . m. john seldens titles of honour , part . . ch . . sect . . p. . . . . ( where the coronation , oathes of the emperour , french king , of all the northern kings , and of most elective and successive kings and queens to their subjects , are at large recorded : ) alhusius polit. c. . justus eccardus de lege regia ; thomas aquinas de reg. principis , c. . & . qu. ● . . art . . iohn ponet bishop of winchester in his politicall government . arnisaeus de authoritate principum , p. . to . sparsim . vasquius contro . illustr . passim . ioannis mariana de rege & regis instit. l. . c. . . . georg. buchanon de iure regni apud scotos . simancha pacensis de catholica . instit . tit. . n. p. . franciscus tolletus in summa l. c. huldericus zuinglius ; explan . artic. . . . and , to omit all others , iunius brutus in his vindiciae contra tyrannos , quaest . . p. . to . with whose words i shall fortifie and irradiate this position : we have said , that in constituting a king a double covenant is entred into ; the first between god , the king and people , of which before ; the second , between the king and the people , of which we are now to treat . saul being ordained king , the royall law was delivered to him , according to which he should rule . david made a covenant before the lord in hebron ; that is , calling god to witnesse , with all the elders of israel , who represented all the people , and then at last he was annointed king . ioas also made a covenant with all the people of the land in the house of the lord , iehoiada the high priest going before them in words : yea , the testimony is said to be imposed on him together with the crown ; which most interpret the law of god , which every where is called by that name . likewise iosiah promised , that he would observe the precepts , testimonies and statutes comprized in the book of the covenant ; by which names we understand the lawes which appertained as well to piety as to justice . in all which places of scripture , a covenant is said to bee made with all the people , the whole multitude , all the elders , all them ●n of iudah ; that we may understand , which is likewise severally expressed , not onely the princes of the tribes , but likewise all the chi●arkes , centurions , and inferior magistrates were present , in the name of the cities , which every one a part by themselves made a covenant with the king . in that covenant they consulted of creating the king , for the people did make the king , not the king the people . therefore there is no doubt , but the people made the covenant , and the king promised to perform it . now the part of him that makes the covenant is reputed the ●etter law : the people demanded of the king , whether he would not rule justly and according to the lawes ? hee promised that he would doe so : whereupon the people answered , that hee reigning justly , they would faithfully obey him . therefore the king promised absolutely ; the people , but upon condition ; which if it were not fulfilled , the people by the law it selfe should bee reputed absolved from all obligation . in the first covenant or pact , pietie comes into the obligation , in the second , iustice : in that , the king promiseth , that he will seriously obey god ; in this , that he will justly rule the people ▪ in that , that he will take care of the glory of god ; in this , of the benefit of the people ; in that there is this condition , if thou shalt observe my law ; in this , if thou shalt render iustice to every one : of that , if it be not fulfilled , god properly is the avenger ; of this , lawfully all the people , or the peers of the realm , who have taken upon them to defend all the people . now in all just empires , this hath been perpetually observed . the persians having duely finished their sacrifices , made this agreement with cyrus , thou first . o cyrus , if any make warre with the persians or violate the lawes , doest thou promise to ayde thy countrey with all thy might ? and as soon as he had promised . we persians , say they , will be aiding to thee , if any will not obey thee , defending thy countrey : xenophon calls this agreement 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , that is , a confederation , as socrates an oration of the duty of subjects towards their prince 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 : between the kings of sparta and the ephori , a covenant was renewed every month ; and as the kings did swear , that they would reign according to the laws of the countrey ; so the ephori , if they did so , that they would establish the kingdom in their hand . likewise in the kingdom of the romanes , romulus made this contract with the senate and people , that the people should make lawes , that the king himself would keepe the lawes made ; that the people should decrée warre , himself wage it . and although many emperours obtained the empire of the romans rather by force and ambition , then by any right , and by the royall law , as they call it , arrogated all kinds of power to themselves ; yet the* fragments of that law , which are extant as well in books as in roman inscriptions , sufficiently teach ; that a power was granted them , of caring for and administring , not of subverting the common-weal and oppressing it by tyranny . moreover , even good emperours professed , that they were bound by the lawes , and acknowledged their empire received from the senate , and referred all the weightiest affaires to the senate , and they judged it unlawfull to determine any thing of great publike concernment without their aduice . but if wee behold the present empires , there is not one of them which may be thought worthy of that name , wherein there is not some such covenant intervening between the prince and subiects . in the german empire , not long since , the king of romanes being to be crowned emperour , was wont to make fealty and homage to the empire , no otherwise then a vassall ( or tenant ) to his lord , when he received investiture of his lands . and although the conceived words , to which he sware , be a little changed by popes , yet the same thing remains perpetually . therefore we know that charles the . of austria was created emperour upon certain lawes and conditions , as likewise others , who have succeeded him ; of which the summe was ; that he would keep the lawes enacted ; that he would make no new lawes , without the electors consents ; that he would determine publike affaires in a publike counsell ; that he would alienate or pervert none of these things which pertained to the empire ; with other things which are severally recited by historiagraphers : and when as the emperour is crowned at achen , the archbishop of colen first demands of him ; whether he will not defend the church , administer justice , preserve the empire , , protect widowes , orphans , and all worthy of pitty ? which when he hath solemnly sworn to perform before the altar , the princes and those who represent the empire , are demanded , whether they will promise to fealty him ? neither yet is he first annointed , or receives a sword , ( of purpose to defend the republike ) or other ensignes of the empire , before that he shall have taken that oath . from whence verily it is manifest , that the emperour is purely obliged , the princes of the empire upon condition onely . ſ no man will doubt but that the same is observed in the kingdom of poland , who shall understand the ceremonies very lately observed in the election and coronation of henry of angiers : especially , the condition propounded to him of conserving both religions , as well the evangelicall as roman , which the nobles thrice demanding of him in set forme of words , he thrice promised to perform . in the hungarian , bohemian , and other kingdomes , which would be over-long to recite , the very same is done . neither onely , where the right of election hath continued yet entire hitherto , but likewise where meer succession is commonly thought to take place , the very same stipulation is wont to intervene . when the t king of france is crowned , the bishops of laudune and belvace ecclesiasticall peers , first demand of all the people that are present , whether they desire and command him to be king ? whence even in the very forme it self of inauguration , he is said to be elected by the people . when the people seem to have consented , he sweares : that he will universally defend all the lawes , priviledges , and rights of france , that he will not alienate his demesnes , and the like ( i shall here insert the oath out of bochellus , mr. selden , and others intirely , thus : archiepiscopi ammonitio ad regem dicendo ita ( in the name of all the clergy . ) a vobis perdonari petimus , ut vnicuique de nobis & ecclesiis nobis commissis , canonicum privilegium , & debitam legem atque justitiam conservatis , & defensionem exhibeatis , sicut rex in regno suo debet unicuique episcopo , & ecclesiae sibi commissae . responsio regis ad episcopos . promitto vobis & perdono , quia vnicuique de vobis & ecclesiis vobis commissis canonicum privilegium , & debitam legem atque justitiam conservabo , & defensionem quantum potuero exhibebo , domino adjuanente , sicut rex in suo regno unicuique episcopo & ecclesiae sibi commissae per rectum exhibere debet . item , haec dicit rex , & promittit & firmat juramento . haec populo christiano & mihi subdito , in christi nomine , promitto : in primis , vt ecclesiae dei , omnis populus christianus veram pacem nostro arbitrio in omni tempore servet ; & superioritatem , jura , & nobilitates coronae franciae inviolabiliter custodiam , et illa nec transportabo nec alienabo . item , ut omnes repacitates & omnes iniquitates omnibus gradibus interdicam . item , ut in omnibus judiciis aequitatem & misericordiam praeoipiam , ut mihi & vobis indulgeat per suam misericordiam clemens & misericors dominus . item , de terra mea ac jurisdictione mihi subdita universos haereticos ecclesia denotatos , pro viribus bona fide exterminare studebo . haec omnia praedicta firmo juramento . tum manum apponat libro & librum osculetur ) these things , though they have been altered , and are farre different from the ancient forme of the oath which is extant in the library of the chapter of belvace , to which philip the first is found to have sworn ; yet notwithstanding they are plainly enough expressed : neither is the king girt with a sword , annointed , crowned by the peeres ( who even themselves are adorned with coronets ) or receives the scepter or rod of iustice , or is proclaimed king , before the people have commanded it ; neither doe the peeres themselves swear fealty and homage to him , untill he shall have given his faith unto them , that he will exactly keep the lawes : now those are , that hee shall no● w●ste the publike patrimony : that he shall not impose nor enjoyn customes , taxes , tributes at his owne pleasure , nor denounce warre , or make peace ; finally , that he shall determine nothing concerning the publike affaires , but in a publike councell : also , that the senate , the parliaments , the officers of the kingdome shall constantly enjoy their severall authorities ; and other things which have been alwayes observed in the realm of france . yea verily , when he enters into any province or city , hee is bound to confirm their priviledges , and he binds himselfe by oath to preserve their lawes and customes : which custome takes place by name among those of tholouse dolphenie , britanny , province and rochel ; whose agreements with kings are most expresse ; all which should be frustrate , unlesse they should be thought to hold the place of a condition in the contract . * yea charles the . made a peace with philip duke of burgundy ( whose father iohn he had treacherously slain ) with this expresse clause contained in it , confirmed with the kings own seale ; that if he should break this agreement , his tenants , feudataries , and subjects present and to come , should not be thenceforth bound either to obey or serve him , but rather the duke of burgundy and his successours , and that they should be freed and absolved from all the fealty , oathes , promises , obligations and duties whatsoever , under which they were unjustly obliged by charles . the like we read between king lewis and charles the bald. yea , pope iohn the . in the treaty between philip the long of france , and the flemmings , caused it to be set downe , that if the king did infringe the treaty , it might be lawfull for his subjects to take armes against him ; and if was usuall among the first kings of france in their treatises with other princes , to sweare , that if they brake the treaties made by them , their subjects shall be free from their obedience , as in the treaty of arras and others . the oath of the ancient kings of burgundy is extant in these words , i will conserve law , justice , and protection to all men . in england , scotland , sweden , donmarke , there is almost the same custome as in france , and verily no where more directly then in spain . for in the kingdome of arragon , many ceremonies being dispatched between him who represents the justice of arragon , or publike majesty , who sits in an higher throne , and having read the lawes and conditions , which he is to observe who is to be crowned king. who doth fealty and homage to him , the nobles at last speake thus to the king in their owne language ; we , who are as powerfull as you ( for so the spanish idiom imports ) and can doe more then you , have chosen you king upon these and these conditions , betwéen you and us there reignes one greater then you ; ( to wit , the iustice of a●ragon . ) now lest he should think he had sworn those things onely perfunctorily , or onely for to observe the old custome , these very words are wont to be repeated every third yeere in the publike assembly : but if he shall grow insolent trusting to his royall power , shall violate the publike lawes , finally , shall neglect the oath he hath taken ; then verily by the law it selfe , he is deemed excommunicated with that grandest excommunication ( or anathema ) wherewith the church in former times excommunicated iulian the apostate ; whose force truly is such ; that no more prayers may be conceiued for him , but against him ; and they themselves are clearly absolved from their oath and obligation by that law , whereby a vassall out of duty ought not to obey an excommunicated lord , neither is bound to do it by his oath ; which is ratified among them by the decree both of a councell , and of a parliament or publike assembly . likewise in the kingdome of castle an assembly being summoned , the king that is to be crowned , is first publikely admonished of his duty ; after which , most expresse conditions are read , which pertaine to the profit of the republike : then the king sweares , that he will diligently and faithfully observe them ; then at last the great master of the knights b●nds himselfe to him by oath , whom the other princes and deputies of cities afterwards follow every one in his order ; which also is in like manner observed in portugall , le●n , and the other kingdomes of spain . neither verily , were lesser principalities instituted by any other law. there are extant most expresse agreements of the brabanders , of the other people of belgia , austria , carintha , and other provinces , made with their princes , which verily have the place of conditions ; but the brahanders expresly , that place might not be left to any ambiguity , have expressed this condition . for in inaugurating their duke , in ancient conventions , wherein there is almost nothing wanting for the preservation of the republike , they being all read over before the duke , they protest openly and plainly to him , that unlesse he shall observe them all , that it shall be frée for them to chuse another duke at their pleasure : which conditions he embracing and willingly acknowledging , he then binds himselfe by oath to observe them , which was also observed in the inauguration of philip the last king of spaine . in sum , no man can deny , but that there is a mutuall binding contract between the king and subjects , to wit , that he raigning well , shall be well obeyed : which verily is wont to be confirmed with an oath by the king first● , afterwards by the people . now verily i demand here , why any man should sweare , but that he may shew that he speaks from his heart and seriously ? whether truly is there any thing more agreeable to nature , then that those things which have pleased us , should be observed ? moreover , why doth the king swear first , at the peoples stipulation or request , but that he may receive either a tacit or expresse condition ? but why is a condition annexed to a contract , but onely to this end , that if it bee not fulfilled , the contract should become voide in law it selfe ? but if through default of performing the condition , the contract be voide in law it selfe , who may call the people perjured , who shall deny obedience to a king , neglecting that condition which hee might and ought to fulfil & violating that law to which he hath sworn ? yea , who on the contrary would not account the king saedifragous , perjurious & altogether unworthy of that benefit ? for if the law freeth the vassal from the bond of his tenure , against whom the lord hath committed felony or perjury , although the lord truly doth not properly give his faith to his vassall , but his vassall to him : if the law of the twelve tables commands a patron who defrauded his client to be detestable : if the civil laws permit a villain enfranchised an action against the outragious injury of his lord ; if in these cases they free a servant himself from his masters power , wheras yet there is only a naturall not civill obligation therein , ( i shall adde out of * dejure magistratus in subditos . ●f in matrimony , which is the nearest and strictest obligation of all other between men , wherin god himselfe intervenes as the chief author of the contract , and by which those who were two are made one flesh , if the one party forsakes the other , the apostle pronounceth the party forsaked to be free from all obligation , because the party deserting violates the chief condition of marriage , &c. ) shal not the people be much more absolved from their allegiance which they have made to the king , if the king , who first solemnly sweares to them , as a steward to his lord , shall break his faith ? yea verily whether if not these rights , not these solemnities , not these sacraments or oathes should intervene , doth not nature it selfe sufficiently teach , that kings are constituted by the people , upon this condition , that they should reign well ? iudges , that they shall pronounce law ? captaines of warre , that they should lead an army against enemies ? but and if so be they rage , offer injury , so as themselves are made enemies , as they are no kings , so neither ought they to be acknowledged by the people . what if thou shalt say , that some people subdued by force , the prince hath compelled to swear to his commands ? what , say i , if a thiefe , a pyrate , a tyrant , with whom no society of law or right is thought to be , should with a drawn sword violently extort a deed from any one ? is it not known , that fealty extorted by force bindeth not , especially if any thing be promised against good manners , against the law of nature ? now what is more repugnant to nature , then that a people should lay chaines and fetters upon themselves , then that they should lay their own throats to the sword ? then that they should lay violent hands upon themselves ? ( or which is verily the same thing ) promise it to the prince ? therefore there is a mutuall obligation between the king and people , which whether it be only civill or naturall , tacit , or in expresse words , can be taken away by no agreements violated by no law , re●●●nded by no force : whose force only is so great , that the prince who shall contemptuously break it , may be truly called a tyrant , the people who shall willingly infringe , it seditious : so this grand accute lawyer determines . i shall close up this with the unanimous resolutions and notable decree of the united netherland provinces . anno dom. . declaring philip king of spain to be fallen from the seigniorie of the netherlands for his tyranny and breach of oath , which is thus recited by grimstone , and recorded in his generall history of the netherlands , page , to . in the alterations which happen sometimes in an estate betwixt the soveraigne prince and a people that is free and priviledged , there are ordinarily two points , which make them to ayme at two divers ends : the one is , when as the prince seeks to have a full subjection and obedience of the people , and the people contrariwise require , that the prince should maintaine them in their freedomes and liberties , which he hath promised and sworne solemnly unto them , before his reception to the principalitie . thereupon quarrels grow : the prince will hold a hard hand , and will seek by force to bee obeyed ; and the subjects rising against the prince , oftentimes with dangerous tumults , rejecting his authority , seek to embrace their full liberty . in these first motions there happen sometimes conferences , at the instance of neighbours , who may have interest therin , to quench this fire of division betwixt the prince and his subjects . and then if any one of the parties groweth obstinate , and will not yeeld , although he seeme to be most in fault , it followeth of necessity , that they must come to more violent remedies , that is to say , to armes . the power of the prince is great , when thee is supported by other princes , which joyn with him for the consequence of the example , else it is but small : but that of the people ( which is the body , whereof the prince is the head ) stirred up by conscience ( especially if the question of religion be touched ) the members ordained for their function , doing joyntly their duties , is farre greater . thereupon they wound , they kill , they burne , they ruine , and grow desperately mad : but what is the event ? god ( who is an enemy to all tyranny and disobedience ) judgeth quarrels , weigheth them in his ballance of justice , helping the rightfull cause , and either causeth the prince for his rigour and tyranny to be chased away , and deprived of his estate and principality ; or the people for their contempt and rebellion are punished and reduced unto reason ; which causeth the alterations to cease , and procureth a peace : whereof we could produce many examples , both antient and moderne , if the relation of this history did not furnish us sufficiently . so the generall estates of the united provinces , seeing that king philip would not in any fort ( through his wilfulnesse ) yeeld unto their humble suite and petitions ; and notwithstanding all the offers they could make to purchase a good , firme , and an assured , peace , ( notwithstanding all the intercessions both of the emperour , the french king , the queen of england , and other great princes and potentates of christendom ) yet would he not give eare to any other reason , but what himselfe did propound : the which the said estates did not only find unjust and unreasonable , directly repugnant to their liberties , constitutions , and freedomes of the countrey ; but also contrary to their consciences , and as it were so many snares layed to catch them , which were in no sort to be allowed of , nor received , considering the qualitie of their affaires and his , according to the time . in the end , rejecting all feare of his power and threats , seeing they were forced to enter into all courses of extremity against a prince , which held himselfe so hainously offended , as no reconciliation could be expected , relying upon the justice and equitie of the cause , and sinceritie of their consciences ( which are two brazen bulwarks ) they were fully resolved ( without dissembling ) to take the matter thus advanced in hand , and opposing force against force , meanes against meanes , and practises against practises , to declare him quite fallen from the seigniorie , preheminence , and authority , which before the troubles , the breach of their priviledges , rights , freedomes , and immunities , so often and so solemnly sworne by him , and dispensation of his oaths , he had or was wont to have in the said provinces respectively . whereof they made open declaration by a publick edict , the tenour whereof followeth . the generall estates of the untited provinces of the netherlands , to all those that these presents shall see , reade , or heare , greeting as it is well known unto all men , that a p●ince and lord of a countrey is ordained by god , to bee soveraign and head over his subjects , and to preseveve and defend them from all injuries , force , violence , even as a shepheard for the defence of his sheep , and that the subjects are not created by god for the prince , to obey him in all he shall command , bee it with god , or against him , reasonable or unreasonable , nor to serve him as slaves and bondmen ; but rather the prince is ordained for his subjects ( without the which he cannot be a prince ) to governe them according unto equity and reason , to take care for them , and to love them even as a father doth his children , or a shepheard his sheep , who putteth both his body and life in danger , to defend and preserve them . if the prince therefore faileth herein , and in stead of preserving his subjects , doth outrage and oppresse them , depriving them of their priviledges and ancient customes , commandeth and will be served of them as of slaves , they are no longer bound to respect him as their soveragn prince and lord , but to esteeme of him as a tyrant ; neither are the subjects ( according unto law and season ) bound to acknowledge him for their prince ; so as without any offence , being done with deliberation and the authority of the estates of the countrey , they may freely abandon him , and in his place chuse another for their prince and lord , to defend them : especially , when as the subjects by humble suit , intreatie , and admonitions , could never mollifie their princes heart , nor divert him from his enterprises an tyrannous designes : so as they have no other meanes left them to preserve their antient libertie , their wives , children and posterity , for the which ( according to the lawes of nature ) they are bound to expose both life and good ; as for the like occasions , we have seene it to fall out often in divers countries , whereof the examples are yet fresh in memory . the which ought especially to bee of force in these countries , the which have alwayes been and ought to be governed , according unto the oath taken by their princes , when they receive them , conformable to their priviledges and antient customes , having no power to infringe them : besides that , most part of the said provices have alwayes received and admitted their princes and lords upon certaine conditions , and by sworn contracts ; the which if the prince shall violate , hee is by right fallen from the rule and superiority of the countrey . so it is , that the king of spaine ( after the decease of the emperour charles the fifth , his father of famous memory , from whom all these countries were transported unto him ) forgetting the services , which as well his father as himselfe had received of these countries , and the inhabitants thereof , by the which especially the king of spain had obtained such glorious and memorable victories against his enemies , as his name and power was renowned and feared throughout all the world ; forgetting also the admonitions which his said imperiall majesty had heretofore given him : and contrariwise , hath given eare , beliefe , and credit unto them of the councell of spain which were about him ; the said councell having conceived a secret hatred against these countries and their liberties ( for that it was not lawfull for them to command there , and to govern them , or to merit among them the chiefe places and offices , as they doe in the realm of naples , sicilie , millaine , at the indies , and in other countries which are subject to the kings command , being also moved thereunto by the riches of the said countries , well knowne to the most of them : ) the said councell , or some of the chiefe of them , have oftentimes given the king to understand , that for his maiesties reputation and greater authority , it were better to conquer the netherlands anew , and then to command absolutely at his pleasure , than to govern them under such conditions , which he at his reception to the seigniory of the said countries had sworn to observe . the king of spain following this counsell , hath sought all meanes to reduce these countries ( spoiling them of their ancient liberties ) into servitude , under the government of spaniards : having under pretext of religion sought first to thrust in new bishops into the chiefe and greatest townes , indowing them with the richest abbeyes , adding to every bishop nine chanons to serve him as councellors , whereof three should have a special charge of the inquisition . by which incorporation of the said bishops , being his creatures , and at his devotion ( the which should happily have been chosen as well of strangers , as of them which were born in the country ) they should have the first place and the first voyce in the assemblies of the estates of the country . and by the adiunction of the said chanons , had brought in the inquisition of spain , the which had also bin so abhorred , and so odious in these countries , even as slavery it selfe , as all the world doth well know : so as his imperiall maiesty having once propounded it unto these countries , upon due information given unto his maiesty , ceased from any more speech thereof , shewing therein the great affection which he bare unto his subjects . yet notwithstanding divers declarations which were made unto the king of spain , as well by the provinces and townes in particular , as by some other of the chiefe noblemen of the country , namely , by the baron of montigny , and afterwards by the earle of egmont , who by the consent of the dutchesse of parma ( then regent of the said countries ) by the advice of the councell of estate , and of the generalty , had to that end been successively sent into spain : and notwithstanding that the king had by his own mouth given them hope , that ( according to their petitions ) hee would provide for the contentment of the country ; yet that he had since by his letters done the contrary , commanding expresly , and upon pain of his indignation , to receive the new bishops presently , and to put them in possession of their new bishopricks and incorporated abbeyes , to effect the inquisition , where they had begun to practise it , and to observe the decrees and canons of the councell of trent , the which in divers points doe contradict the priviledges of the countrey . the which being come to the knowledge of the commons , hath given just occasion of so great an alteration among them , and greatly diminished the love and affection , the which ( as good subjects ) they had alwayes borne unto the king , and to his predecessours . for they called chiefly into consideration , that the king not onely pretended to tyrannize over their persons and goods , but also upon their consciences , whereon they held themselves not to be answerable , nor bound to give account to any one but to god only . for this cause , and for the pitty they had of the poor people , the chiefe of the nobility did in the yeare . exhibit certain admonitions by way of a petition , beseeching him , that for the pacifying of the commons , and to avoid all tumults and seditions , it would please his majesty , ( shewing the love and affection , which as a mild and mercifull prince he bare unto his subjects ) to moderate the said points , and especially those which concerned the rigorous inquisition , and punishments for matters of religion . and to informe the king more particularly thereof , and with more authority , and to let him understand , how necessary it was for the good and prosperity of the countrey , and for the maintenance of peace and tranquility , to abolish and disannull those innovations , and to moderate the rigour of publike edicts , for matter of religion ; the said marquesse of berges and baron of montigny , at the request of the said lady regent , the councell of estate , and the generall estates of all the countries , went into spain as embassadors : whereas the king , instead of giving them audience , and to prevent the inconveniences delivered by them , ( the which , for that they were not redressed in time , as urgent necessity required , began in effect to discover themselves throughout the whole countrey ) by the perswasion and advice of the councell of spain , hee hath caused all them to be proclaimed rebels , and guilty of high treason , and to have forfeited body and goods , that presented the said petition . and moreover ( thinking himselfe to be fully assured of the countrey , by the forces of the duke of alva , and to have reduced them under his full power and subiection ) he had afterwards , against the lawes of nations , ( the which have been in all ages inviolably observed , yea among the most barbarous and cruell nations , and most tyrannous princes ) imprisoned , and caused the said noblemen embassadors to be put to death , confiscating all their goods . and although that all this alteration ( which had hapned in the yeare . upon the foresaid occasion ) was in a manner pacified by the regent and her councell , and that the greatest part of them which had presented themselves unto her for the liberty of the countrey , were retired , or chased away , and the rest brought under obedience : yet not to lose the opportunity which the councell of spain had long expected ( as it appeared plainly the same yeere . by letters intercepted , which were written by the embassador alana to the duchesse of parma ) to have meanes under some pretext to overthrow all the priviledges of the country , and to govern them tyrannously by the spaniards ( as they did the indies and other countries which had been newly conquered by them ) he by the advice and councell of the said spaniards ( shewing therein the small affection which he bare unto his subiects of these countries , contrary unto that whereunto he was bound , as their prince , protector and good shepheard ) sent into these countries the duke of alva , very famous for his rigour and cruelty , and one of the chiefe enemies of these countries , with a councell of the same humour and disposition . and although that the said duke of alva entred with his army into this countrey , without any let or opposition , and was received of the poore inhabitants with all reverence and honour , expecting all mildnesse and clemencie , according unto that which the king had so often promised by his letters fainedly written ; yea , that he was resolved to come himselfe in person into the countrey , and to order all things to every mans content ; the said king having besides all this ( at the very instant of the duke of alva his departure ) caused a fleet of ships to be armed in spaine , to bring him hither , and another in zeeland to goe and meet him ( as the bruite was ) to the great charge of the countrey , the better to abuse his poore subjects , and to draw them more easily into his snares : notwithstanding , the said duke of alva presently after his arrivall ( although he were a stranger , and not any way of the blood royall ) gave it out , that hee had a commission from the king , of governour generall of the countrey , the which was quite contrary to the priviledges and antient customes thereof : and discovering his designes plainly , he suddenly put garrisons into the chiefe townes and forts of the countrey , and then he built citadels in the richest and strongest townes , to keep them in subjection . and by commandement from the king ( as they said ) he friendly called unto him , as well by letters , or otherwise , the chiefe noblemen of the countrey , pretending , that he had need of their councell and assistance , for the service of the king , and the good of the countrey : who ( having given credit to letters ) were come unto him , whom , contrary to the priviledges , hee caused to bee carried prisoners out of brabant , where they had been apprehended , causing their processe to bee informed before him and his councell ( although they were no competent iudges ; ) and before any due proofes were made , and the noblemen that were accused , fully heard in their defences , they were condemned to have committed rebellion , causing them to be publikely and ignomiously put to death . others , who for that they were better acquainted with the spaniards dissembling , were retired and kept out of the countrey , were declared rebels , and guilty of high treason , and to have forfeited bodies and goods : all which was done , to the end the poor inhabitants should not aide themselves in the just defence of their liberty , against the oppression of the spaniards and their forces , by the help and assistance of these noblemen , and princes . besides , an infinite of gentlemen and rich bourgers , whereof some he hath put to death , others he had chased away and forfeited their goods , oppressing the rest of the good inhabitants , as well by the insolence of the souldiers , as by other outrages in their wives , children , and goods ; as also by divers exactions and taxes , forcing them to contribute for the building of new citadels and fortifications of townes , which hee made to oppresse them , and also to pay the hundreth and twintieth peny , for the payment of souldiers , wherof some were brought by him , and others newly levied , to employ them against their countreymen , and themselves , who with the hazard of their lives sought to defend the liberties of their countrey : to the end that the subjects being thus impoverished , there should be no meanes to frustrate his designes , for the better effecting of the instructions which had been given in spain : which was , to use the countrey as new conquered . to which end , in some places and chiefe townes , he changed their forme of government , and of justice , and erected new consuls after the spanish manner , directly contrary to to the priviledges of the countrey . and in the end ( thinking himselfe free from all feare ) he sought to bring in by force a certaine imposition of the tenth peny , upon all marchandise and handi-works , to the absolute ruine of the commons , whose good and prosperity consists chiefly in traffique and handi-works ; notwithstanding many admonitions and perswasions made to the contrary , as well by every one of the provinces in particular , as by all in generall . the which he had effected by force , if it had not beene that soon after by the means of the prince of orange , ( and a good number of gentlemen , and others borne in these countries ) banished by the duke of alua , following the party of the said prince , and being for most part in service , and other inhabitants affected to the libertie of their countrey , the provinces of holland and zeeland had not revolted , and put themselves under the princes protection . against which two provinces the duke hath since during his government , and after him the great commander of castile ( sent in his place by the king , not to moderate any thing of his predecessors tyrannie , but to pursue it more covertly and cunningly than he had done ) force those said provinces , who by their garrisons and citadels , were made subject to the spanish yoke , to imploy their persons and meanes to helpe to subdue them : yet no wayes easing the said provinces , but intreating them like enemies , suffering the spanyards under the colour of a mutinie , in view of the said commander , to enter by force into the town of antuerpe , and there to continue six weeks , living at discretion at the poore bourgers charge ; sorcing them moreover ( to be freed from their insolencies ) to furnish foure hundred thousand florins , to pay the said spanyards : which done , the said souldiers ( growing more bold through the sufferance of their commanders ) presumed to take armes against the countrey , seeking first to surprize brussels , and in the place of the ancient and ordinary seate of princes , to make it a nest and den of theeves . the which not succeeding according to their designe , they tooke a lost by force , and soone after forced the towne of maestricht . and since being violently entred into antuerpe , they spoyled it , sacked it , and wasted it with fire and sword , in such sort , as the most barbarous and cruell enemies could not have done more , to the unspeakable losse , not onely of the poore inhabitants , but in a manner of all the nations of the world , who had their merchandise , debts , and money there . and although the said spanyards by a decree of the councell of estate ( to whom the king by the death of the great commander , had conferred the generall government of the countrey ) were in the presence of ieronimo de rhoda , proclaimed enemies to the countrey : yet the said rhoda of his owne private authority ( or as it is to bee presumed , by vertue of some secret instruction which he had from spaine ) took upon him to be the head of the said spanyards , and their adherents , so as without respect of the councell of estate , he usurped the kings name and authority , counterfeited his seale , and carried himself as a governour , and the kings lieutenant in the countries . the which moved the estates at the same instant to agree with the prince of orange , and the estates of holland and zeeland : which accord was allowed by the councell of state ( as lawfull governours ) that they might joyntly with their common forces , make warre against the spanyards : omitting not as good subjects , but by divers humble petitions , to beseech the king to have regard unto the troubles , oppressions and insolencies which had hapned , and were like to follow : and that hee would bee pleased with all convenient speed possible , to command the spanyards to depart out of the countrey , and especially those which had been the cause of the sacke and ruine of the chiefe towns of the countrey , and other innumerable insolences and violences which his poore subjects had endured , to the comfort and ease of them which had endured them , and to the example of others : yet notwithstanding ; the king ( although that he made shew by words , that what had hapned , displeased him , and was against his will , and that he had an intent to punish the heads and authors , and to provide for the quiet of the countrey with all clemency , as it behoved a mercifull prince ) hath not onely neglected to punish the said heads and authors : but contrariwise , ( as it appeareth ) all was with his consent and former resolution of the councell of spain , as certain letters of his , intercepted soon after , do plainly shew : by the which it was written unto rhoda , and to the other captains , authors of all the mischiefe , that the king did not blame that action , but did allow thereof , and commend it , promising to recompence them , especially the said rhoda , as having done him a singular service : the which , at his return into spaine , and to all other ministers of the oppressions that were used in these countries , he did shew by effect . at the same time , the king thinking the better to blinde the eyes of his subjects , sent into these countries for governour generall , don iohn of austria , his base brother , as being of his blood : who ( making shew unto the estates , that he did allow of the pacification of gant , promised to send away the spanyards , to punish the authors of all insolencies and disorders which had hapned in the countrey , and to take an order for the generall peace , and the restoring of their ancient liberties ) sought to divide the estates , and to subdue one countrey after another . by the permission and providence of god , who is an enemy to all oppression , he was discovered by the intercepting of certain letters , where he was commanded by the king to govern himself in these countries , according to the instructions that should be given him by rhoda : and to cover this practice , the king had forbidden don iohn to speake with him , commanding him to carry himselfe unto the chiefe noblemen with all mildenesse and courtesie , to winne their loves , untill that by their assistance and meanes , he might reduce holland and zeeland , and afterwards work his will of the other provinces . whereupon don iohn , notwithstanding that he had solmnly sworn in the presence of all the estates of the countrey , to observe the said pacification of gant , yet contrary thereunto he sought by meanes of their colonels ( whom he had already at his devotion ) and great promises , to winne the germane souldiers who were then in garrison , and had the guard of the chiefe townes and forts of the countrey , whereof by that meanes he made himselfe master , holding himselfe assured of those places they held , and so by that meanes to force them that would not joyne with him , to make warre against the prince of orange , and them of holland and zeeland , and so to raise a more boody and intestine warre , than had been before . but as all things that are treated cunningly and with dissimulation , cannot be long kept secret , don iohns practises being discovered , before hee could effect what he had designed , hee could not bring his conceptions and enterprises to the end that he pretended : yet he revived a new warre , the which continues unto this day , in stead of rest and an assured peace , whereof hee did so much vaunt at his coming . which reasons have given us great occasion to forsake the king of spain , and to seeke some other mighty and mercifull prince , to helpe to defend these countries , and to take them into his protection : and the rather for that these countries have endured such oppressions , received such wrongs , and have been forsaken and abandoned by their prince for the space of twenty years and more ; duduring the which the inhabitants have beene intreated not as subjects , but as enemies , their naturall prince and lord seeking to ruine them by armes . moreover , after the death of don iohn , having sent the baron of selles , who ( under colour propounding some meanes of an accord ) declared sufficiently , that the king would not avow the pacification made a gant ( which don iohn notwithstanding had sworne to maintaine ) setting downe more hard conditions . yet for that we would discharge our selves of our duties , wee have not omitted to make humble suite by writing , imploying moreover the favour of the greatest princes of christendome , seeking by all meanes without intermission , to reconcile our selves unto the king ; having also of late kept our deputies long at cologne , hoping there ( by the intercession of his imperiall majestie , and some princes electors ) to have obtained an assured peace , with some moderate tolleration of religion ( the which doth chiefly concerne god and mens consciences ) as the estate of the affairs of the countrey did then require : but in the end we found it by experience , that nothing was to be obtained from the king , by the conference at cologne : and that it was practised and did onely serve to disunite and divide the provinces , that they might with the more facility vanquish and subdue first one , and then another , and execute upon them their first designes . the which hath since plainly appeared , by a certain proscription , which the king hath caused to be published , whereby we and all the inhabitants of the united provinces , and officers that hold their partie , are proclaimed rebels , and to have forfeited lives and goods : promising moreover , a great summe of money to him that should murther the said prince , and all to make the poore inhabitants odious , to hinder their navigation and traffique , and to bring them into extreme despaire . so as despairing of all meanes of reconciliation , and destitute of all other succours and ayde we have according to the law of nature ( for the defence of us and other inhabitants , the rights , priviledges , ancient customes , and libertie of the countrey , and the lives and honours of us , our wives , children , and posterity , to the end they fall not into the slavery of the spanyards , leaving upon just cause the king of spaine ) beene forced to seeke out some other meanes , such as for the greater safety and preservation of our rights , priviledges , and liberties , we have thought most fit and convenient . we therefore give all men to understand , that having duely considered all these things , and being prest by extreme necessitie , we have by a generall resolution and consent , declared , and doe declare by these presents , the king of spaine , ipso jure , to be fallen from the seigniory , principalitie , jurisdiction , and inheritance of these countries : and that we are resolved , never to acknowledge him any more , in any matter concerning the prince , jurisdictions or demeanes of these netherlands , nor to use hereafter , neither yet to suffer any other to use his name as soveraigne lord thereof . according to the which we declare all officers , private noblemen , vassels , and other inhabitants of these countries , of what condition or qualitie soever , to be from henceforth discharged of the oath which they have made in any manner whatsoever , unto the king of spaine , as lord of these countries , or of that whereby they may be bound unto him . and for the above-named reasons , the most part of the said united provinces , by a common accord and consent of their members , have submitted themselves under the command & government of the high and mighty prince , the duke of aniou and alanson , &c. upon certain conditions contracted and accorded with his highnesse : and that the archduke of austria , mathias , hath resigned into our hands the government generall of these countries , the which hath been accepted by us . we enjoyn and command all iudges , officers , and all others , to whom it shall appertain , that hereafter they forbeare to use any more , the name , titles , great seal , or signet of the k. of spain : and instead therof , whilst that the duke of anjou , for his urgent affaires , concerning the good and welfare of the country , shall be yet absent , for as much as shall concern the provinces which have contracted with his highnesse , and touching the rest by way of provision , they shall use the title and name of the chiefe and counsell of the country . and until that the said heads and counsellors , shall be named , called , and really established in the exercise of their charges , and offices , they shall use our name , except holland and zeeland , where they shall use as they have formerly done , the name of the prince of orange , and of the estates of the said provinces , untill that the said councell shall be in force , and then they shall govern themselves as it is agreed , touching the instructions given for the said counsell , and the accords made with his highnesse . and instead of the kings seales , they shall hereafter use our great seale , counter seale , and signet , in matters concerning the government generall , for the which the councell of the country , according to their instructions shall have authority . and in matters concerning the policie , administration of iustice , and other private acts of every province , the provinciall councels and others , shall respectively use the name and seale of the said province , where the matter shall be in question , and no other , upon pain of nullity of the said letters , or dispatches which shall be otherwise made or sealed . and to the end these things may bee the better observed and effected , we have enjoyned and commanded , and do enjoyn and command by these presents , that all the king of spaines seales , which are at this present with these united provinces , shall be dilivered into the states hands , or to him that shall have commission and authority from them , upon pain of arbitrary punishment . moreover , we ordain and command , that from henceforth the names and armes of the king of spain , shall not be put nor stampt in any coynes of these united provinces : but there shall be such a figure set upon them , as shall be appointed for the coyning of new peeces of gold and silver . in the like sort we enjoyn and command the president and lords of the privie councel , and all other chancellors , presidents , provinciall consuls , and all presidents and chiefe masters of accounts , and others of all chambers of accounts , being respectively in these countries , and also all other iudges , and officers ( as holding them discharged of the oath which they have made unto the king of spain , according to the tenor of their commissions ) that they shall take a new oath in the hands of the estates of the province where they are , or to their deputies , by the which they shall swear to be faithfull to us against the king of spain , and his adherents , according to the form set down by us : and there shall be given to the said councellors , masters of accounts , iudges and officers , remaining in the provinces which have contracted with the duke of aniou , in our name , an act of continuance in their offices , containing in stead of a new commission , a cessation or disannulling of their former , and that by way of provision , untill his comming . and to councellors , masters of accounts , iudges , and officers , being resident in provinces , which have not contracted with his highnesse , a new commission shall be given under our name and seale , if the petitioners were not found faulty , to be of bad behaviour , to have done against the priviledges of the countrey , or to have committed some other disorder . we also command the president and them of the privie councell , the chancellour and councell of brabant , the governour , chancellour , and councell of gueldres , and the countie of zutphen , the president and councell in flanders , the president and councell in holland , the governour , president and councell in friseland , the president and councell at vtricht , the bayliff at tournay and tournesis , the receivors or chiefe officer of beooster cheldt and bewesterscheldt zeeland , the scout of macklyn , and all other iudges and officers whom it shall concerne , their lieutenants and every of them , presently without any delay , to publish this our decree in all places of their jurisdictions , and wheresoever they are accustomed to make proclamations , to the end that no man may pretend any cause of ignorance : and that they may keep and observe , and cause to be kept and observed inviolably this our decree , without any favour , support , or dissimulation ; for wee have so thought it fit and convenient for the good of the countrey . for the effecting whereof , we give to every one whom it shall concerne , full power and authority , and speciall commission . in witnesse whereof , we have caused our seale to be hereunto annexed . given at the hage in our assembly the of iuly . vnderneath was written , by the ordinance and decree of the said estates , and signed i. tan asseliers . according unto this declaration of the estates , there was a new forme of an oath drawn , in manner of an abjuration of the king of spaine , and promise of duty and obedience which every one should owe unto the said estates , by the publike officers , and magistrates of every town and province , as followeth . i sweare , that hereafter i shall not serve nor yeeld obedience to philip king of spaine , nor acknowledge him for my prince and lord , whom i doe renownce by these presents , and doe hold my selfe freed from all oaths , and bonds , by the which i might bee formerly tyed unto him : whereof finding my selfe presently delivered i sweare a new and binde my selfe to the united provinces , and namely , to them of brabant , gueldre , holland , zeeland , and their allies , and to the soveraign magistrates that are appointed , to bee faithfull and loyall unto them , to yeeld them all obedience , aide , and comfort , with all my power and meanes , against the king of spaine and his adherents , and against all the enemies of the countrey . promising as a good vassall of the countrey , to carry my self faithfully and loyally , with shew of all obedience to my superiors ; so help me the almighty god. this decree being thus proclaimed , all the seales , counter-seals , and secret signets of the king of spaine , were broken and cancelled with solemnity , by all the consuls of the said provinces , and others new made , by order of the generall estates , for that which concerned the government , and the affaires of the generality . and as for matters of justice and policie , they used the seales , names , and titles of private gogernours , and provinciall consuls . from that time there was no coynes of gold , silver , or copper made with the name or titles of the king of spaine , but upon stamps which the estates had caused to be made in every povince . all governours , superintendents , presidents , chancellours , councellours , and others officers , were discharged and absolved from their precedent oathes , and did sweare fidelity to the generall estates , against the king of spaine and his adherents , according to the forme above mentioned , to whom an act was sent for the continuation of the commissions . ninthly , it is evident from the premises ; that if emperours and kings shall degenerate into tyrants , violate their oathes and covenants made unto the people , invade their lawes , liberties , persons with armed violence , and instead of protecting , make warre upon them ; that the nobles , magistrates , estates , parliaments and people in such cases , may without any guilt of treason , rebellion , sedition , not only disobey , but lawfully resist them with force of armes , both in point of lawe & conscience & are obliged under paine of treachery and perfidiousnesse to their countrey , thus to resist ; and in cases of incorrigibility for the publike weale , and preservation , may justly if they see it necessary , depose them from their royall dignities as enemies , or traytors to their kingdoms and people . * the reason is , because no kingdome or nation under heaven , ever elected or voluntarily submitted themselves unto any emperour or king whatsoever ( for ought can be proved or imagined ) but upon this tacit condition ; that they should justly governe , defend and protect them for their good , not tyrranize over , pillage , murther , oppresse , or make warre upon them at their pleasures , contrary to the lawes of god , nature , nations ; nor yet actually obliged themselves under paine of treason , rebellion , death , or damnation , not forcilly to reobsist or deprive their princes in any wise , though they with open violence should set themselves to subvert their religion , lawes , liberties , and republike ; to which unreasonable condition , no natian certainty would have consented , had it been propounded to them by their kings at first , as grotius well observes . this point of greatest difficulty and concerment , i have largely debated and confirmed already , in the third part of this discourse , where all contrary objections against it , are refuted ; yet because it still seemes a seditious unchristian paradox to many malignants and royallists , i shall ratifie it with such new authorities , of all sorts , which may happily convince , if not convert them from their inveterate wilfull error . my first authority of this kinde , is that passage of sozomon ( an ancient ecclesiasticall historian ) eccles . hist . l. . ch . . recited and approved by nicephorus callistus eccles hist . l. . ch . . where he thus writes of the death of iulian the emperor ( who turned both a tyrant , apostate , and persecutor of the christians ) reputed to be slaine by a christian souldier of his own army , for his tyranny and impiety . whereas libanius writes in this manner ; hee seemes to say , that the slayer of iulian the transgressor was a christian , which peradventure was true ; neither is it incredible , that some one of the souldiers who marched under his colours , had considered these things thus in his minde : that not only the heathens , but likewise all others are wont to applaud those even unto our age , who slew tyrants heretofore , as those who for the liberty of all , feared not to undergoe the danger of death , and likewise for the safety of their citizens , kindred and friends , with willing minds . and verily hee cannot well be reprehended by any man , especially since hee should shew himselfe so valiant and sirenuous for god and that religion which hee did approve , &c. however it is certaine that he was taken away by gods divine judgement . * nicepherus addes , that his death was predicted by the christians , and that his death was acceptable and plesant to all christians , especially to those of antioch , who for this his mvrther , instvted a pvblike trivmph , wherein they also reproached maximus the philosopher , singing thus , where are thy divinations o foolish maximus ? a pregnant evidence , that even the primitive christians ( on whose examples and practice our antagonists so much depend , though to no purpose , as i have * elsewhere manifested ) held it not only lawfull for them to resist , but even in some cases to slay a persecuting apostatized tyrant , bent ●o subvert religion , lawes , liberties ; as may be further evidenced by a constantine the great his ayding the oppressed christians , and romans against the tyranny and persecution of the emperors maxentius , maximinus and licinius , even with force of armes , with which he conquered these persecutors in sundry open battels fought against them , at the christians earnest importunity . to descend to later authoritities , it is the received doctrine of all popish schoolmen , doctors , lawyers , that tyrannicall princes who oppresse and invade their subjects persons , liberties , estates , or religion , may both lawfully with good conscience bee forcibly resisted by their subjects , and likewise by the major part of their people , nobles , parliament , for preservation of the republike and religion , bee justly deposed , and put to death ; yea , as some of them adde , even murthered by private men , though the generality of their writers justly deny it . their st. thomas of aquin , in his book , de regimine pricipum ( dedicated to the king of cyprus ) * cha . determines thus , if it belong to the multitude to provide themselves of a king , the king made by them , may not unjustly be removed , destroyed , or his power restrained , if he abuse the power of the realme tyrannically ; neither is such a multitude to bee esteemed , to deale disloyally in deposing a tyrant althovgh they had perpetually subiected themselvs to him before , because himselfe hath deserved it , in not carrying himselfe faithfully in the government of the people , as the office of a king required , because herein he kept not his oath and covenant with his subjects . and he further affirmes , distinct. art. . qu. . . m. . ae . dist . . qu. . . m. . ae . qu. . . m. ae . qu. . art . . & qu. . . m. opusc . . l. . c o. . that in every countrey , cities are governed politikely ; the power of kings and emperours being circumscribed by the lawes and people , that a tyrannicall prince , if hee invade his subjects , may lawfully beresisted and slaine even of private persons in their own necessary defence , and in reference to the publike safety ; but much more by the nobles and peoples generall consent : and that the deposition or perturbation of the regiment of a tyrant , hath not the reason ( or nature ) of sedition , unlesse it be done by private persons , or so disorderly , that a greater detriment should ensue , bvt it is the tyrant rather who is seditiovs . the same doctrine is taught by dominicus soto , de iustitia . l. . quaest . . art . . ludovicus molina tom. . de iustitia & iure tract . . disp . to . dominicus bannes , a. ae . quaest . . art. . dub. . petrus de aragon . . ae vu . . art . . explicatio . art . p. . michael bartholomaeus salon , de iustitia & iure in . ae tom. . qu. . art . . cont . . pag. . petrus de lorca in . ae d. thomae quaest . . art . . sect . . throughout , specially disput . . n. . & disp . . . azorius , tom. . l. . disp . . qu. . & . . franciscus victoria . relectio de iure belli . n. . . alphonsus salmeron in cap. . epist . ad romanos . disp. . fran. suarez . in defensione fidei l. . cha . . & l. . chap. . throughout ▪ specially , num . . . . . . . ioan gerson de auferibilitate papae ; where also he avers ( consid . . ) that one who is truly pope may lawfully bee bound , imprisoned , and put to death for his offences , ( though the head of the church as papists hold , as well as kings the head of their realmes . ) dionysius cathusianus de regim . polit. artic. . franciscus tollet , in summa , l. . c. . leonardus lessius de iustit . & iure , c. . dub . . tannerus , tom. . disp . . qu. . dub . . emanuel sa. in aphorism . verb. tyrannus , n. . iohannis mariana : de rege & regis instit . l. . c. , , , . alvarus pelagius de plan. eccles l. . c. . simancha pacensis , de cathol . instit . tit . . n. . p. . tit . . n. . p. . gregorie de valencia , tom . p. . cardinall bellarmine , de pontif. rom. l. . c. . . . & tract de potest . sum. pontif. advers . gul. barcl . p. . iac. gretzerus pharetra tertulliana , & vespertilio haeritico-politicus , ludovicus richehom . expostulatio aplogetica pro societate iesiu . vincentius filiucius tra. . p. . dis . . prae . dec. n. . mart. becanus anglicana de potestate regis & pontificis , caspar . schoppius . alexi pharmacum regium , & collyrium regium . valentine jacob. an. . and iohn tanquerel . anno. . whose opinions are recorded by bochellus decreta . eccles . gal. l. . tit . c. . . the cardinall of como his letter from rome , . january , . to doctor parrey to murder queen elizabeth ; franciscus de verona constant . in apolog. pro io : chastel , p. . bonarscius the iesuite , amphith p. . barclay l. . advers . monarch . c. . l. . c. . & . erarius in c. . iudicum . hieronymus blanca rerum aragonens . commentarius , passim . cajetan : upon aquinas his forecited summes . the doctors of salamancha in their determination , anno . recorded by g. blackwell , qu bip. p. . and doctor john white his defence of the way , c. . p. . governado christiano . p. . antonius massa tract . contra duell . n. . . baldus . consid . . cavarruvias quaest . illustr . t. . . n. . . n. . vasquius contro . illustr . . n. . . . . n. . . n. . n. . . n. . . . . n. . and elsewhere hemingius arnisa us de authoritate principum p. . . . . . . . fran. hotomani franco-gallia , c. . . . . . . &c. to which i might adde our english priests and iesuites , as doctor nicholas saunders , visib . monarch . p. , . doctor allen , parsons , creswell , philopater , rossaeus , doleman , p. . to . sparsim , with sundry others , all professedly averring aquinas his doctrine , and the premisses , yea , farre exceeding them in sundry particulars ; many or most of them attributing sufficient authority and power to the pope and prelates alone , without the parliaments , nobles , peers , or peoples assent , to depose , adjudge haereticall or tyrannicall kings to death , and devote them to assassination , which all protestants unanimously disclaim . but wee need not fish in these unwholesome romish streams of tyber , or make use of these popish champions , whom i have onely named , to stop the mouthes of all papists , priests , iesuites , who now much exclaim against the parliaments present defensive warre , condemning all for rebels and traitors who assist the parliament against their invading traiterous , rebellious armed forces both in ireland and england , they being in verity such themselves , yea , the originall contrivers , fomenters , the principall abettors of the present bloody , destructive , civill wars in both our realms . 〈…〉 which most confirms me in this beliefe , is a particular late discovery of the horrid conspiracy of con the popes late nuncio here , and his iesuited popish confederates , to undermine and extirpate the protestant religion , to raise the scottish , and succeeding irish , and english wars , thereby to ingage the king to resort to them for assistance ; & under pretence whereof to rise up in arms , and work him to their own conditions , or else to poyson him with a indian poysoned nut after the example of his father , and then seize upon the prince , and train him up in their antichristian religion , as you may reade at large in romes masterpeece , to which i shall referre you for fuller satisfaction , from one of the chief conspirators own confession . but passing by all these , i shall proceed to authorities of lawyers and divines , professing the protestant religion . georgius obrectus , a publike professor of law , and advocate to the city of strasburge in his disputatio juridica , . de princ●piis belli , layes down these severall positions for law , num. . to . that all the inferiour magistrates in the empire or other kingdoms , collectively considered , are above the emperour and kings themselves ; that if they be unjustly assaulted with unjust violence by any whomsoever , they may by a necessary and just warre , defend both themselves and theirs , and repell and prosecute the unjust assailants . that if the superiour magistrate neglect to do his duty , ( as if the turke should invade any countrey , and the supreme magistrate would not resist him . ) the inferiour magistrate may call the people to arms , raise an army , and exercise all forces policie and devices against the common enemy of christians : or if the supreme magistrate should exercise manifest tyrannie , it is verily lawfull to the inferiour to undertake the care of the republike , which he endeavours to oppresse with all his power : that those who represent all the people , as the electors , palatines , nobles , parliament , may admonish the prince of his duty , and ought to seek by all means to divert him from his tyrannicall and impious purpose ; but if he proceeds , and repenteth not , being frequently admonished , but wilfully subverts the common-wealth , obstinately perverts laws ; hath no care of faith , covenants , justice , piety ; and tends onely to this , that he may perpetrate any thing with impunity , and impiously reign over mens consciences , then verily he is accounted a tyrant , that is , an enemy of god and man ; whence , if he hath proceeded to that hight of malice , that hee cannot bee expelled but by armed force , it is lawfull for the electors , palatines and others , to call the people to arms , and not onely to defend themselves and others against such a one , but plainly to deject him from his throne : for the intire government of the realm is not committed by the people to the prince alone , as neither the bishopprick of the whole church to the pope , but to every one of the nobles or magistrates according to his power : for the nobles , as they are called into part of the honour , so of the burthen of the commonwealth ; which is committed to the prince , as to the supreme tutor , but to them as fellow-tutors , he having the first , they the second place in governing the republike . the prince swears that he will seek the good of the realm , and all the nobles promise the same : therefore if he doth ill , they ought not to do so likewise ; if the republike go to ruine , they shall not continue : for the common-wealth is no lesse committed to them , than to the king , so as they ought not onely to do their duty , but also to contain the prince within the limits of his duty : for if the prince doth ought against his oath , they are not absolved from their oaths , but rather then especially ought to manifest their fidelity , when the republike requires it , because they were specially instituted for that end , as the ephori , and every thing ought to be reputed just , when it attains its end . hence brutus the tribune , and lucretius the governour of the city , called the people to armes against tarquin the proud , and by their authority expelled him the ringdom . so the roman senate judged nero an enemy of the republike , and condemned him to the gallowes ; punished vitellius with death , ignominiously mutilated and dragged thorow the city , and spoyled maximinus of the empire , setting up albinus in his place . thus the french by authority of a publike councell , thorow the care of the officers of the realme deprived childericke the first , sigebert , theodoric , and childericke the third of the government of the realm . neither is it impertinent to pronounce the same sentence of such a one , as was given of manlius capitulinus , * thou wast manlius whiles thou diddest cast down the senons headlong ; now because thou art become one of the senons , thou thy selfe art to be precipit●ted from whence thou diddest cast them down . but if perchance most of the nobles collude and connive , and being unmindfull of their duty , take no care of the people ; let there at least be one who may admonish and detest the invading tyrant , and take care that the republike sustain no detrimen ; for the care of the republike is no lesse committed to him , than to the prince and his collegues , and he hath plighted his faith to the republike no lesse than they . if many have promised the same thing , the obligation of the one is not taken away by the negligence or periury of the other . if there be many trustees , executors , or guardians , the negligence default or fraud of some of them , doth not discharge or disingage the rest ; yea , unlesse they to their power discharge their trust and oath , they become perfidious , yea guilty of the same crime , and are subiect unto actions for their neglect as well as the others : therfore those who are bound to the whole kingdom and empire , as the peers of france , the electors , or to some certain countey or city which makes a part of the realme , as dukes , marquesses , earles , constables , admirals , and the like , are obliged to ayde the whole common-wealth , or that part committed to them , against the tyranny of the prince , if they be able , &c. thus and much more this lawyer , almost verbatim out of iunius brutus . i might add to him the like determinations of henricus bocerus , de jure pugnae , hoc est , belli & duelli , tractatus methodicus , tubingae , . lib. . cap. . & . p. justus eccardus , de lege regia , the last edition . alhuseius polit. c. . p. . to . haenon , disputat . polit . the treatise de iure magistratus in subditos ; ( where this position is largely and learnedly debated , confirmed , both from law , history , theology , reason ) hugo grotius de iure belli & pacis , lib. . c. . sect . to the end . p. . &c. albericus gentilis de iure belli , l. . c. . p. . c. . p. . l. . c. . . p. . . with others . but since iunius brutus compriseth the quintessence of all the rest , i shall trouble you onely with his discourse . vindiciae c●ntr . tyrannos , quaest . . p. . to . to passe by his discourse concerning the resisting of tyrants , who usurp a dominion without any title , whom every man may justly resist and suppresse , and are bound in duty so to doe , as he there proves at large ; i shall only transcribe what concernes them who have a lawfull title . first ( saith he ) we ought to consider , that all princes are born men . we cannot therefore expect to have only perfect princes , but rather we ought to thinke it well with us , if we have gained but indifferent ones . therefore the prince shall not presently be a tyrant , if he keep not measure in some things , if now and then he obey not reason ; if hee more slowly seek the publike good ; if he be lesse diligent in administring iustice , or lesse fierce in propulsing warre . for seeing a man is not set over men , as if he were some god , as he is overbeasts ; but as he is a man , born in the same condition with them ; as that prince shall be proud , who will abuse men like beasts ; so that people shall be unjust , who shall seek a god in a prince , and a divinity in this frail nature . but truly if he shall willingly subvert the republike ; if he shall wilfully pervert the lawes , if he shall have no care of his faith , none of his promises , none of iustice , none of piety ; if himselfe become an enemy of his people , or shall use all or the chiefest notes we have mentioned , then verily he may be iudged a tyrant , that is , an enemy of god and men . therefore we treat not of a prince , lesse good ; but of the worst ; not of one lesse prudent , but of a malicious and subtile one ; not of one unskilfull in law , but of a contemner of law ; not of an unwarlike one , but of an enemy of the people and waster of the realme . a senate may assist him with prudence , a iudge with the knowledge of the law , a captain in the skilfulnesse of warre ; but this man wisheth the nobles , senators , captain● of warre one neck , that he might cut them off at one stroake , neither hates he any more then them . the first verily , though he may lawfully be removed , yet however he may be tolerated ; the latter contrarily , by how much the longer he is tollerated , the more intollerable he becomes . moreover , as euery thing is not lawfull to a prince ; so often times , that which is lawfull to the people , is not expedient . for frequently it may fall out , that the remedy which is used , may be worse than the disease . therefore it becomes a wise man to try all things , before he use the hot iron ; and use all remedies , before he take up armes . if therefore those who represent the people perceive any thing to be done against the republike by force or fraud , let them first admonish the prince , neither may they expect , till the mischiefe grow heavie , and acquire forces . tyranny is like an heptick feaver , which at first is easie to be cured , difficult to be discerned ; afterward it becomes easie to be known , but very difficult to be cured . therfore they shall withstand the beginnings , neither should they pretermit any thing , though the smallest . but if he shall proceed , and not repent though frequently admonished , but tend onely to this , that he may commit any thing without punishment ; then verily he is really guilty of tyranny , and they may act against him , whatsoever they may use against a tyrant , either by law or just force . tyranny is not onely a crime , but the head , and as it were , the heap of all crimes . a tyrant subverts the republike , makes a prey of all , lyeth in wait for the life of all , violates faith to all , contemnes all the religion of a sacred oath . therefore is he so much more wicked then any theefe , murtherer , sacrilegious person , by how much it is the more grievous , to offend many and all , then particular persons . now if all these be reputed enemies , if they be capitally punished , if they suffer paines of death , can any one invent a punishment worthy so horrid a crime ? moreover , wee have proved , that all kings receive their royall dignity from the people ; that all the people are better and higher then the king , that the king is onely the superiour minister and ruler of the kingdome , the emperour of the empire , but the people are the true head . therfore it follows , that a tyrant who commits felony against the people as the lord of the fee , hurts the sacred majesty of the realm and empire ▪ becoms a rebel , and therfore falls into the danger of the same lawes , and demerits more grievous punishments . therfore , saith bartolus , he may be deposed by a superiour ; or be most justly punished by the julian law , for publike violence . now all the people , or those who represent them , as electors , palatines , nobles the assembly of the estates , &c. are his superiour . but and if he shall proceed so farre , that he cannot be expelled but by armed violence , then verily it shall be lawfull for them , to call the people to armes , to raise an army , and to practise force , policy , stratagems , as against an adjudged enemy of his country and of the common-weale . neither shall the officers of the realm in this case fall into the crime of sedition ; for in a sedition there must needs be two points , which when for the most part they contend about contradictories , it followes , that the cause of one is just , the other unjust ; that cause must verily be just which defends the laws , which protects the common good , which shall preserve the realme , especially by this meanes ; contrarily , that cause is uniust , which violates the laws , defends the breakers of the lawes , protects the subverters of the countrey . * that is iust which will destroy tyrannicall government , that uniust which would abolish iust government . that lawfull which tends to the publike good , that unlawfull which tends to the private . therefore , saith thomas , because a tyrannicall kingdome which is not ordained to the common good , but principally for the benefit of the governour , is most uniust ; therefore the disturbance of this kingdome hath not the reason of sedidition , nor doe they fall into the crime of treasor . this crime is committed against a lawfull prince ; now a lawfull prince is nothing but a living law : therefore he who kils the law as much as in him lyeth , cannot be called by that name ; therefore those who take up arms against him shall not be guilty of that crime . it is likewise committed against the common-wealth , but because the repub. is there only where the authority of the law prevailes , not where the private lust of a tyrant swalloweth the republike , a tyrant shall be guilty of that crime which offends the publike maiesty , & those be vindicators of the republike , who shall oppugne a tyrant ex officio , supported with their own authority . neither in this case , i say , doth every one , but all the subiects , but the lords seem to require an account of the government from their agent : no more shall they be accounted perfidious for doing it ; there is every where between the prince & people a mutuall & reciprocal obligation ; he promiseth , that he will be a iust prince : they , that they will obey him , if he shall be such a one . therefore the people are obliged to the prince under a condition : the prince , purely to the people : therefore if the condition be not fulfilled , the people are unbound , the contract void , the obligation null in law it selfe : therefore , the king is perfidious if he reign uniustly ; the people perfidious , if they obey not him who reignes iustly : but the people are free from all crime of perfidiousnesse , if they publikely renounce him who reignes uniustly ; or if they endeavour to evict him with armes who desires to retein the kingdome unlawfully . therefore it is lawfull for all or many of the officers of the realme to remove a tyrant . neither is it onely lawfull ; but it lyeth so upon them of duty , that unlesse they doe it , they can no way be excused . neither may electors , palatines , senators , and other nobles think , that they were created and instituted onely for that end , that they should shew themselves once peradventure in the kings inauguration , attired after the ancient manner , that they might act a certain palliated fable , or put on the person of rowland , oliver , renald , and other nobles on that day , as if in a scene , they should in some shew represent the round table of arthur , as they call it ; so as after that the multitude is dismissed , and calliopus hath said , farewell , they should think they had excellently played their parts . these things are not spoken in jest , these things are not perfunctorily done ; these things are not the pastimes of children , who as it is in horace , created a king in a play ; but rather of nobles , & magistrates , who as they are called unto part of that honor , so likewise of the burthen , and shew , that the republike is committed and commended to the king , as to the supreme and chiefest tutor , so also to them as fellow tutors ( even honorari ) assigned to him as observers of his actions who hath the chief tutelage , who may daily exact an account of him , and diligently take heed , in what manner he reverseth ; so even these , that they might observe the king ( who , as to his tutelary providence , is onely reputed in the place of a lord ) that he doe nothing to the detriment of the people . therefore as the fact of him who acts the gardian , is imputed to the co-gardians , unlesse where they ought and are able , they suspect and likewise take care to remove him ; to wit , when he communicates not the administration with them , if he doe not faithfully manage the tutelage or care , if he admits fraud , if he doth any thing sordidly or perniciously to the pupill , if he intercept any of the pupils goods , if he become an enemy to the pupill ; finally , if he be over rude , sloathfull , unskilfull , &c. so even the nobles shall be held guilty of the princes deed , unlesse they remove , or prevent his tyranny , or supply his sloathfulnesse , with their vigilance and diligence . finally , as oft as the gardian doth not doe in the name of the pupill , that which any fit master of a family would doe , he may not seeme to be defended ; but that he may be the better defended , his co-gardians are bound to foresee : so much more justly , if the prince doth not act the housholder but the enemy , the nobles may and ought to act against him , since they are bound by his deed , no lesse then by their owne . moreover the nobles may consider , that the king in governing the republike , holds the first part , but they the second , third , and every one in his place . therefore if he doth his part ill , they may not follow him : if he destroy the republike , they may not connive ; for it is committed to them , as well as to him ; and in such sort truly , that not onely they themselves ought rightly to execute their office by themselves , but to containe the prince within the bounds of his office . finally , as the king promiseth , that he will take care of the benefit of the commonweale , so also doe they . therefore if he breakes his oath , they may not thinke , that they are absolved from theirs , no more then bishops , if the pope should defend heresie or destroy the church : yea , they should thinke themselves so much the more obliged to performe their oathes , by how much the more he shall violate his . therefore if they collude , they are reputed in the number of prevaricators ; if they connive , of desertors ; and traitors , if they vindicate not the republike from the tyranny of tyrants : as finally they become patrons , defenders , little kings , if they by all meanes protect and defend the republike , which they have undertaken to protect . these things , though they are sufficiently firme of themselves , yet they may be demonstrated by examples . the canaanitish kings , who oppressed the people of israel with hard servitude , as well corporall as spirituall , ( interdicting them both commerce and armes ) were true tyrants , i say in practice , yet not without a title ; for eglon and jabin reigned quietly almost twenty years : now god extraordinarily stirred up ehud , who slew eglon craftily ; and debora , who routed the army of jabin ; and by that meanes freed the people from tyranny : this was not verily , because it was lesse lawfull to the ordinary magistrates and princes of the tribes , and the rest to doe it , but debora rather objecteth their sloathfulnesse and carelesnesse to them , and curseth some of them for this cause . but truly god , pittying his people , extraordinarily supplyed the negligence of ordinary officers . rehoboam the sonne of solomon , refuseth to ease the people of unnecessary tributes , being intreated to doe it in a generall assembly of all the people , he groweth insolent , and assisted with the counsell of flatterers , even arrogantly threatens more grievous burdens ; no man doubts , but that according to the covenant first made betweene the king and people , the nobles might have restrained this pride : but the sinne was in this , that they did by secession , which was to be done in the assembly ; and did a just and lawfull thing unjustly . frequent examples of this thing occurre in other kingdomes : he instanceth in tarquin the proud , expelled by brutus and lucretius ; who confiscated his goods , and would have publikely sentenced himselfe , had they apprehended his person , because he consulted not with the senate as former kings usually did , because he made warre , peace , and truces at his pleasure without the senates and peoples advice , violated the lawes which he should observe , and neglected the covenant established betweene the king and people : in nero the emperour , publikely sentenced by the senate , vitellius , maximinus ; and the speech of trajan ( forecited ) : likewise the * french , by authority of a publike councell through the care of the kingdomes officers , expelled childericke the first , sigibert , theodoricke , childericke the third , from the crowne , for their tyranny , and set up others of another stocke in their places . yea , for sloathfulnesse , negligence , madenesse , as also for injuries to forrainers , and yeelding to the impotencie or lust of flatterers , or women , they have deposed some , and as it were taken away the reines from phaeton , lest all men should be burnt with the same fire ; as theodoricke for ebroines sake , dagobert of plectrude , and theobald his mignions , with others ; reputing it to be all one , whether a woman or an effeminate prince reigned ; or whether a tyrant , or petite tyrants under a sloathfull prince domineered : or finally , whether he himselfe were a devill , or possessed by the devill himselfe . thus not long since they compelled lewes the eleventh , a most imperious prince to receive . governours , by whose counsell he was bound to governe the republike . yea , what other right had either the carlingi , adopted into the kingdome in place of the meruingi ; or the capets who at this day hold it , preferred before the carlingi by the decree of a publike councell ; but from the people , represented as it were in an epitome , by the councell of the realme , which they call an assembly of the three estates , who might lawfully of right both depose those , and by their owne authority establish these in the throne ? in the same manner we read adolphus deprived of the german empire , an. . because corrupted with mony , he had made war with france , in favour of the english : and wenceslaus , an. . although these may be called , not so well evill , as lesse good princes . thus in the realme of england , edward the second , for his tyranny to his subjects , especially the nobles , whom he destroyed without hearing their cause , was at his queenes request , adjudged unworthy of his crowne by the parliament . not long since , christierne in denmarke , ericus in sweden , queene mary very lately in scotland , were deprived : which histories worthy credit testifie , hath beene frequently done in the kingdome of poland , hungary , spaine , portugall , bohemia , and the rest . but what concerning the pope himselfe ? the cardinals , they say , because they have chosen him , or if they doe not their duty , the patriarks , who are primates next after the cardinals , may against his will , for certaine causes call a councell , and in it judge the pope , if he shall scandalize the church by his notorious offences ; if he be incorrigible , if reformation be necessary as well in the head as members ; if contrary to his oath he will not assemble a councell , and the like ; and de facto , we read that many popes have beene deposed by authority of a councell . but if ( saith baldus ) they be pertinaciously abused ; at first they must use words , secondly , herbes , that is , medicines ; lastly , stones ; and where the truth of vertue sufficeth not , there the defence of weapons ought to prevaile . but and if by the suffrages almost of all learned men , the decrees of councels , and the acts themselves done , it be proved , that a councell , as they speak , may lawfully depose the pope , who yet boasts himselfe to be the kings of kings , and claimes as much to be above the emperour , as the sunne is above the moone ; yea , also arrogates to himselfe an authority of deposing kings and emperours at his pleasure ; who at last can doubt , but that by the publike councell of every realme , not onely a tyrant , but a king , pernicious to his kingdome for his madnesse or folly , may be deposed or removed ? goe to now , in this our politicke ship , the master gluts himselfe with wine ; most of his assistants either asleepe , or drunke with mutuall cups sportingly behold an imminent rocke . the ship in the meane time , either holds not that course which is expedient for the owner , or seemes speedily to be wracked ; what thinkest thou is here to be done under the master , by one who is vigilant and sollicitous ? shall he pull those by the eares who are asleepe , or onely jogge them by the sides ? but in the meane time , lest he should seeme to doe ought without their command , shall he not afford his helpe and assistance to the indangered ship ? truly what madnesse , or rather impiety will this be ? seeing then ( as plato saith ) tyranny is a certaine phrensie and drunkennesse , the prince may utterly subvert the republike , the most of the nobles may collude , connive , or at least are fast asleepe : the people who are lords of the republike , by the fraud or negligence of these ministers , which is their fault , are reduced into greatest straights in the meane time there is one of the nobles which considers the incroaching tyranny , and detests it from his soule , what thinkest thou is now to be done against him by this man ? shall he onely admonish his colleagues of their duty , who themselves doe as much hurt as they may ? but , besides , as it is perillous to admonish , and in that state of things it may be deemed a capitall crime , shall he do like those , who contemning other helps , casting away their armes , shall cite lawes , and make an oration concerning justice among theeves , in the midst of a wood ? but this truly , is that w ch is cōmoly said , to be madde with reason : what then ? shall he grow deafe at the peoples groanes ? shall he be silent at the entrance of theeves ? or shall he finally grow lasie , and put his hands into his bosome ? but if the lawes appoint the punishment of a traytor against one wearing buskins on his legs , who counterfeits sicknesse for fear of the enemies , what punishment at least shall we decree against him , who either through malice , or sloathfulnesse , shall betray those whom he hath undertaken to protect ? but rather he shall command those things that are needfull to such as are wary by a mariners shout ; he shall take care lest the common-wealth receive any detriment , and shall preserve the kingdome even against the kings wil and resistance , by which he himselfe becomes a king ; and shall cure the king himselfe as a frantick man , by binding his hands and feet , if he may not otherwise doe it . for , as we have said , the universall government of the realme is not committed by the people to the king , as neither the oversight of the whole church to the pope , but to every one of the nobles according to his power . but certainely , because concord proceeds from unity , that there should be no emulation among peeres , a king was instituted , who should hold the supreme place in the administration of the common-wealth . the king swears that he will seeke the safety of the realme ; the nobles swear every one the same by himselfe : whether therefore the king or most of the nobles neglecting their oath , shal either destroy the common weale , or desert it being in danger , ought the rest therefore to desert the republike , or at least be lesse bound to defend it , as if they were absolved from their oath ? but rather then especially they ought to shew their fidelity , when as others neglect it , especially since they were principally instituted for that end , like the ephori ; and every thing may then be reputed just , when it attaines its end : whether truly if many have promised the same thing , is the obligation of the one dissolved by the perjury of the other ? whether if many be guilty of the same sinne , are the rest freed by the fraud of one ? whether , if many co-gardians ill defend their pupill , shall one good man be lesse bound with the burthen of the wardship through their default ? but rather , neither can they avoyd the infamy of perjury , unlesse they endeavour to satisfie their trust as much as in them lieth ; neither can those exempt themselves from the danger and judgement of a gardianship ill administred , unlesse they implead the other gardians suspected ; when as verily one gardian may not only implead the rest suspected , and take care of those to be removed , but also remove them . therefore those who have promised their aide and assistance to all the realme or empire ; such as earles of the stable , marshals , senators , and the rest ; or those who have done it specially to any county or city which may make a part of the realme ; as dukes , marquesses , earles , majors , and the rest , are bound to aide the whole common-weale oppressed with tyranny , or that part thereof , which the people have committed to them next after the king. and these truly ought to vindicate the whole commonweale from tyranny , if they be able ; those as gardians assigned throughout counties , that part of the realme whose defence they have undertaken : these i say , are bound to restaine a tyrant , those to drive him out of their coasts . therefore mattathias as one of the nobles , the rest partly conniving , partly colluding ; when antiochus tyrannically oppressed the kingdome of judah , speakes thus to the people ready to take up armes : let us restore the state of our people ; let us fight for our people , and our holy places : whence it plainely appeares , that we may not onely lawfully fight for religion , but for our countrey ; for an hearth i say , no lest justly then for our altars , and take up armes against such a tyrant as he was : neither are they blamed by any , for recovering the kingdome , but that they claimed the royall dignity to themselves , which pertained to the tribe of iudah . many pertinent examples to this purpose occurre in historians . arbactus governor of media , slew sardanapalus spinning among women , and spending the royall treasure among whores . vindex president of the french , and galba of the spaniards revolted from nero , together with all france and spaine , the senate conniving at his tyranny . but especially that laconick judgement is observable , which verily proceeding from that senate , ought to passe into a thing adjudged among all nations . when the lacedaemonians possessed byzantium , they made clearches captaine of the army , governour of the city , who taking corne from the citizens , distributed it to the forraine souldiers ; but in the meane time the families of the citizens perished with famine . anexilaus therefore , one of the magistrates of the city , moved with that tyranny , agreed with alcibiades about the yeelding up of his countrey to him , and he soone after is received into the city . anexilaus being accused at sparta for yeelding up of byzantium , pleaded his cause himselfe , the spartanes absolved the man ; because they said , warres were to be waged with enemies , not with the nature of things ; now nothing is more repugnant to nature , then , if those who are bound to defend a city , became more unjust then the enemies . thus the lacedaemonians determined justly , to whom scarce any good kings will not assent ; verily those who desire to rule well , care not at all what is determined concerning tyrants , or what the nobles or people themselves may doe by law. but we must yet proceed further . every one of the mariners is bound , if the ship be endangered through the default or negligence of the ship-master , to put to his helping hand : every one of the nobles is bound , if the republike perish by the wickednesse or carelesnesse of the prince and his colleagues , to helpe it , being like to fall , and to vindicate the whole kingdome , or at least that part thereof which is committed to him , from tyranny . but then shall it be lawfull for every ordinary slave to doe the like ? or peradventure shall it be lawfull to herdonius sabinus , euno surianus , spartacus the fencer , or , i say , to any private man to enfranchise servants , to stirre up subjects to armes , finally to combate with the prince , if tyranny urge them ? no verily . the republike is not committed to single or private men , yea they themselves are committed to the care of the nobles and magistrates no otherwise then pupils . therefore they are not bound to defend the republike , who cannot defend themselves . the sword is not committed to every man neither by god , nor by the people ; therefore if they draw the sword without command , they are seditious , although the cause may seeme to be just . finally , private men doe not make the prince , but all . therefore they ought to expect the command of all , or of those , i say , who represent all in a realme , countrey or city , which may make a part of the realme , or at least of one of them , before they attempt any thing against the prince . for as a pupill cannot bring an action without authority of his tutor , although the pupill be truly a lord , and the tutor onely is reputed for the lord , as farre forth as appertaines to his tutelary providence : so neither may the people doe ought , but by the authority of those , on whom they have transferred their authority and power ; whether they be ordinary magistrates , or extraordinarily , created in a publike assembly ; whom , i say , they have guirded with the sword for this purpose , to whom they have delivered themselves up to be governed and cared for ; who finally like that pretor of rome , who judged betweene servants and masters , are truly constituted in that place , that if any contention arise betweene king and subjects , they may shew themselves judges and redressors , lest the subjects themselves should pronounce sentence in their owne cause . therefore if unjust customes or grievous taxes be imposed , if things be done against pacts or fraudulently , and yet not one of the nobles speakes against or resists it , let them thinke they must then sit still , and thinke , that the best physitians to prevent or take away a disease , doe oft-times prescribe the opening of a veine , the evacuation of humours , yea and scarification . for such is the nature of things , that scarce any mischiefe can be cured without another ; scarce any good may be acquired without diligent labour . they have the example of the people under solomon , who refused not the grievous tributes imposed on them for the building of the temple , and fortifying the kingdome ; because they judged those things to be imposed by the publike councell , to the glory of god , the beauty and ornament of the republike . they have likewise the example of christ our saviour , who although he were the king of kings , yet because he then sustained a private person , he payed tribute willingly . if the nobles and magistrates themselves favour apparent tyranny , or at least oppose it not , they may remember , that for the sinnes of the people , god suffers hypocrites to reigne ; whom unlesse they turne themselves to god with all their heart , cannot be overturned with any engines . therefore there is no need of feet or hands , but bended knees . finally , they must suffer evill princes , wish for better , and thinke , they must beare that tyranny with a patient minde as they doe haile ; stormes , tempests , and other naturall calamities , or change their habitations . david retired into the mountaines , and spared saul a tyrant , because he was none of the nobles of the people : christ , because he was not of this world fled into egypt , to avoyd herods tyranny . paul , because he describes the office of private christians , not of magistrates , teacheth that they must obey nero himselfe . but if all the nobles , or most of them , or at least one of them endeavour to restraine apparent tyranny , or the magistrate to drive it from that part of the realme which is committed to him , if he be such a one , as under pretext of expelling it , may not introduce another tyranny ; then verily assembling together , they may run who shall goe fastest to this choyce man , they may earnestly assist with their feete and hands , and as if god himselfe had given a signe from heaven , of a fight against tyrants , endeavour to free the kingdome from tyranny . for as god punisheth and chastiseth the people by tyrants , so likewise tyrants by the people : and that is a perpetuall truth which syrach saith ; that kingdomes are translated from nation to nation , for the iniquities , injuries , and wickednesse of princes ▪ and that every tyranny continues but a short space . thus the captaines and souldiers carefully executed all the commands of iehojada the high priest , in revenging the tyranny of queene athaliah : thus all the godly men of israel went to the maccabees , partly that they might defend the true worship of god , partly that they might free the republike against the impious and unjust attempts of antiochus ; yea god favoured their just endeavours , and gave them prosperous successe . what then ? may not god likewise out of private men themselves raise up some avenger of tyranny ? cannot the very same who raiseth up tyrants out of the people , backed with no title , no pretext , to punish the people , likewise raise up deliverers also out of the lowest of the people ? cannot the same who enthralled the people to jabin and eglon , deliver the same people by ehud , barac , deborah , and as it were manumit them when they were deserted by the nobles ? what therefore should now hinder , thou wilt say , but that the same god who hath sent tyrants on us at this time , should likewise extraordinarily send revengers of tyrants ? why , if ahab rageth against good men , if jezabel suborne false witnesses against naboth , shall not there be also a iehu , which may extirpate the family of ahab , who may avenge the bloud of naboth , who may cast downe iezebel to be torne in peeces of dogges ? verily , what i have answered before , as nothing hath departed from the justice of god at any time , so not from his mercy . but yet since those evident signes , by which god was wont to confirme these extraordinary vocations of those worthies , are for the most part wanting to us in this age , let the people take heed , lest whiles they seeke to passe over sea with a drie foote , some impostor being their captaine , they fall not headlong into a gulfe , which we read sometimes to have hapned to the jewes : lest whiles they seeke a revenger of tyranny , they perchance follow one , who , that tyrant being expelled , will translate the tyranny it selfe unto himselfe : lest finally whiles they seeke to deserve well of the common-wealth , they militate to the private lust of any ; so as that may fall out which hath hapned to many republikes , especially the italian , whiles that they endeavour to remove the present evill , they bring in a farre greater . i shall close up this with three authorities more ; the first , of mr. john calvin , who pleads as much for obedience to tyrants and unjust magistrates as any man : instit . lib. . c. . sect . . i alwayes speake of private men : for if there be any popular magistrates constituted to moderate the lust of kings ( such as heretofore were the ephori , who were opposed to the lacedaemonian kings , or tribunes of the people against the roman senate ; or the demarchi against the athenian senate , and which power peradventure , as now things stand , the three estates in all kingdomes enjoy , when they assemble ) i am so farre from inhibiting them to withstand the raging licentiousnesse of kings , according to their duty : that if they connive at kings outragiously encroaching upon , and insulting over the inferiour common people , i shall affirme , that their dissimulation wants not nefarious perfidiousnesse , because they fraudulently betray the liberty of the people of which they know themselves ordained protectors by gods ordinance . the second is , huldericus zuinglius : explanatio artic. . quando vero perfide & extra regulam christi ( principes ) egerint , possint cum deo deponi , consensu & suffragiis totius , aut certe potioris partis multitudinis . quaeris quando id fiet , ut major pars populi bono consentiat ? ad hoc dico quod antea ; si non consentiunt ut malum tollant , ferant jugum tyranni , & demum cum eo pereant . nec querantur sibi fieri injuriam , cum sua culpa id mereantur ut quidvis patiantur . quis ergo miretur si populus ob flagitia & scelera principum paenas luat ? primum , cur non juxta naturae regulam cum proximo agimus ? sic enim omnes fratres essemus , & principe nullo esset opus . deinde , cur non summo studio justitiam sectamur , & exosam habemus injustitiam omnes ? sic enim facile fieret ut unanimi consensu tyrannum officio moveremus . nunc cum tam tepidi sumus in tuenda justitia publica , sinimus ut impune vitia tyramorum bodie regnent . merito ergo ab illis conterimur , & tandem cum illis luimus . non ergo desunt viae per quas tyranni tollantur , sed deest publica justitia . cavete vobis , o tyranni , evangelium enim jesu christi late sparsum vitam multorum innovabit ut innocentiae & justitiae plurimi studeant , cui & si vos studueritis , summo bonore vos prosequantur , sin furere & vim facere perrexeritis , omnium pedibus conculcabimini . so he the last is the generall union of the states of the united provinces , to defend their liberties and religion , made at brussels , the tenth of january . thus related by grimston in his history of the netherlands l. . p. . . the states seeing themselves ingaged in warre on all sides against the spaniards , ( who were proclaimed enemies to the countrey ) fearing some dis-union amongst themselves , by the inticing perswasions of such as sought to dismember them , they resolved , before that don john should enter into the countrey , to make a generall union among themselves , as well prelates , noblemen , and townes , as of others of the seventeene provinces : which was allowed by the lords of the councell of state , deputed by the king , for the government generall of the said countries ; whereof , the originall remaines in the custody of the states of brabant . of which union , the tenor followeth . a generall vnion of the states . vve who have signed these presents ; prelates , church-men , noblemen , gentlemen , magistrates of the king , townes , castles , and others , making and representing the states of the seventeene provinces , being presently assembled in this towne of brussels , and others , being under the obedience of the most high , mighty , and famous prince , king philip , our soveraigne lord and naturall prince ; we give all men to understand , both present and to come , that seeing our common countrey afflicted by a more then barbarous and tyrannous oppression of spaniards , we have beene forced and moved to unite our selves together , and with armes , counsell , men , and money , to assist one another against the said spaniards , and their adherents ; being declared rebels to his majesty , and our enemies . and that this union and conjunction hath beene since confirmed by the pacification last made ; and all by the authority and consent of the councell of state , committed by his majesty for the generall government of the said countries : and as the pretended end of this union requires all fidelity , constancie , and naturall assistance for ever ; and that we would not by any misprision have cause of jealousie or mistrust , and much lesse of any bad affection or disposition of any of us ; but contrariwise , to have the affaires of the said union effected with all the sincerity , fidelity , and diligence that may be , so as not any of the subjects and inhabitants of the said countries and province may have any just cause to be discontented , or to doubt of us : for these considerations and reasons , and that nothing may be treacherously done , to the prejudice of our common countrey , and just defence ; or that omitted by negligence , which shall be necessary for our just and lawfull defence ; we have by vertue of our power and commission respectively , and otherwise for us and our successors , promised and doe promise , by the faith of christians , of honest men and true countrey-men , to keepe and entertaine inviolably for ever the said union and association ; so as not any one of us may breake or fall from it , by dissimulation , secret intelligence , or in any sort whatsoever . and that for the preservation of our holy , catholike , and romish faith , and the accomplishment of the pacification , as also for the expulsion of spaniards and their adherents ( with all due obedience to his majesty ) for the good and quiet of our countrey , and the maintenance of our priviledges , rights , freedomes , statutes , customes , and antient uses : for the effecting whereof , we will use all meanes possible ; imploying both money , men , counsell , and goods , yea and our lives , if it were necessary . and that none of us may in private give any counsell , advice , or consent , nor have any secret conference with them that are not of this union , nor yet reveale unto them in any sort what hath or shall be treated of in this assembly , or resolved ; but shall wholly conforme himselfe according to our generall and common resolution . and in case , that any province , estate , countrey , towne , castle , or house , were besieged , assaulted , invaded , or opprest in any sort whatsoever : yea , if any of us , or any others ( having indeavoured himselfe for his countrey and the just defence thereof , against the spaniards , or for other causes depending thereon , as well in generall as particular ) should be sought after , imprisoned , ransomed , molested , or disquieted in his person , and goods , honour , and estate , or otherwise ; we promise to give him assistance by all the said meanes ; yea , and to procure the liberty of them that shall be imprisoned , either by force , or otherwayes ; upon paine to be degraded of their nobility , name , armes , and honour , and to be held perjured , disloyall , and enemies to our countrey , before god and men , and to incurre the note of infamy and cowardise for ever . and for the strengthening of this our holy union of association , we have signed these presents the tenth of january , . underneath were the signatures of the deputies of every province , prelates , noblemen , and commissioners for townes ; and underneath them , was written the agreation of the councell of state , as followeth : the deputies of the generall estates here under-written , having required them of the councell of state , committed by his majesty for the government of the netherlands , to consent unto and allow of that which is contained in the union above written : the councell , in regard of the said request , and the reasons therein contained , have as much as in them lay , allowed , and doe allow by these presents , the said union , according to the forme and tenor . made at brussels in the state-house , in the assembly of the said states , the tenth of january , . and underneath was written : by the commandement of the lords of the councell of state : signed ; berrii . if any shall here object ; that a kings are of divine institution ; whence , dei gratia , ( by the grace of god ) is peculiarly annexed to their titles ; and not communicated unto subjects . therefore though they prove never so flagitious or tyrannicall , they may in no wise be forcibly resisted , or questioned by their nobles and parliaments for their crimes . i answer briefely ( because i have b elswhere largely dissipated this objection ) first , that kings are no more of divine institution , then any other inferiour magistrates , officers , or princes whatsoever ; as the c scriptures abundantly evidence . but all other inferiour magistrates , officers , and princes whatsoever are resistible , questionable , censurable , and deposible for their tyranny , wickednesse , and misgovernment by the parliaments censure , as i d have proved , notwithstanding their divine institution ; therefore such degenerating kings too , as well as they in such cases . secondly , all e ministers of the gospel , are as much , ( if not farre more ) jure divin● , and by gods owne ordination , as kings are ; a truth undeniable . but they for their offences and misdemeanors contrary to their function , may be both forcibly resisted , censured , deprived , degraded , yea and executed , notwithstanding their divine right and institution ; as the canons of most councels , the practise of all ages , yea , the expresse letter of the . article of the church of england , with all our episcopall canons and canonists attest : therefore tyrannicall degenerating kings may be so too , by the selfe-same reason , in some cases . thirdly , this title of dei gratia , in publike writs , anciently hath beene , and yet is common to bishops , prelates , inferiour magistrates and subjects , as well as to kings ; as sundry precedents f in our law bookes , g matthew paris , h salon , with others attest , and mr. john selden in his titles of honour , part . . chap. . sect. . p. . professedly proves at large , to whom i shall referre you : but these both lawfully may be , and alwayes have beene forcibly resisted , questioned , convented , deprived , censured for their tyranny and misdemeanors , notwithstanding this their stile of dei gratia , or pretence of divine institution : yea , we know that bishops have beene lately thrust out of many churches , notwithstanding their long pretended ius divinum to support their hierarchy ; and iohn gerson a papist , hath writ a particular treatise de auferibilitate papae , notwithstanding the popes pretended divine title to his monarchy , which may be now , and one day shall be totally abolished . therefore tyrannicall degenerous kings , may be justly resisted , censured , deprived , as well as they , and royalties changed into other governments , by the peoples and kingdomes common consents , if they see just cause . if any secondly object : * that kings are annoynted at their coronation ; therefore their persons are sacred , irresistible , unquestionable , unpunishable , for any tyrannicall or exorbitant actions whatsoever . i briefly answer : first , that every christians baptisme , ( being a sacrament of christs owne institution ) at least his spirituall unction and sanctification , ( as i have i formerly proved ) makes a person as sacred , yea more holy , then kings annoynting ( being no sacrament ) can , or doth of it selfe make the person of any king whatsoever . a truth which no christian can without blasphemy deny . but baptisme , and the inward unction of the spirit of grace and sanctification , exempts no christians from resistance , censure , punishments of all sorts , in case they commit any exorbitant or capitall crimes ; as experience tels us : therefore kings coronation annoyntings cannot doe it . secondly , k priests anciently were and at this day too in the roman church , are annoynted as well as kings ; and so are children and sicke persons ( that i say not altars , bels , &c. ) with chrisme and extreame vnction : but these unctions conferre no such immunity to priests , children , sicke men , others , &c. therefore neither can this annoynting doe it to kings , especially now , being no divine institution . thirdly , the annoynting of kings , is not common to all christian kings ( many of them especially in former times , having beene crowned without any annoynting at all ) but peculiar to emperours , and to the kings of ierusalem , france , england , and sicily , the foure annoynted kings , onely , as l albericus , m restaurus castaldus , n antonius corsetus , o azorius , p cassanaeus , and q sundry others affirme , out of the old roman provinciall : though some other kings have now and then beene annoynted when they were crowned , as mr. selden proves . since therefore all kings persons are reputed sacred , as well as these foure who are annoynted ; and these kings as soone as the crowne descended to them , even before their unctions and coronations were deemed as sacred and inviolable as before ; it is certaine , that their very enoyling of it selfe makes no addition to their personall immunities from just resistance , publike censures , or deprivations for grosse unsufferable publike crimes . fourthly , the annoynting of christian emperours and kings is not very ancient ; charles the great being the first annoynted emperour if we t beleeve mr. selden . the first annoynted king in france , was pipin about the yeare . the annoynting of their v clovis the first , about the yeare . with that holy vial of never-decaying oyle ( reserved at rheimes to annoynt their kings ) which they say a dove brought downe from heaven to annoynt him with , ( a ridiculous monkish fable , much insisted on by x bochellus and other french-men , who relate the grand solemnity used in the carrying and recarrying of this fabulous vial , at the french kings coronations ) being not at his coronation , as many fondly mistake , but onely at his baptisme , as mr. selden manifests by pregnant authorities ; the annoynting of kings is farre more ancient in england then in any other realme , y as mr. selden notes out of gildas ; yet egfert is the first of whose annoynting there is any intimation in our histories , about the yeare . to adde to the holinesse of which ceremony , some of our z monkes in latter ages have forged a legend ( as good as that of the holy viol at rheimes ) that the virgin mary gave to thomas becket , archbishop of canterbury ( during his exile under henry the second ) a golden eagle full of precious oyle , inclosed in a stone vessell , commanding him to preserve it : foretelling him , that the kings of england annoynted with this oyle , should be champions of the church , and bountifull , and victorious as long as they had this eagle , & oyle . how late the unction of kings began in other realmes , you may read at large in a mr. selden ; and how the later kings of judah were annoynted , and with what unguent or oyle , the curious may read at leisure in b cunaeus . this annoynting therefore of kings being not of divine institution , of such puny date in most realmes , and no wayes necessary nor essentiall to the constitution or inauguration of any christian king ; can adde no immunity , or priviledge at all to the persons of kings , much lesse exempt them from all forcible resistance , just censures , or deprivation it selfe , if there be just and reall cause to proceed criminally against them in case of incorrigibility , as i have elsewhere more fully demonstrated , and therefore shall no further expatiate in this particular here : onely i shall conclude with one notable history which proves it . i read in * gulielmus neubrigensis ; that for an hundred yeares space and more , though there were a numerous succession of kings in norway , yet none of them ended his life by old age or sicknesse , but all of them perished by the sword , leaving the soveraigne power of the realme to their murderers , as to their lawfull successors , so as to all those who are knowen to have reigned there for so long a time , that which is written might seeme to have reference ; hast thou slaine , and also taken possession ? the nobles of this land out of a pious endeavour , desirous to heale this infamous mischiefe , obteining now the vigour of a law as it were through long custome , decreed , that the new king should be solemnly annoynted with a mysticall unction , and crowned , so as no man should dare from thenceforth to lay hands on the lords annoynted : for till that time none in that nation hath ever beene consecrated king after an ecclesiasticall manner , but whosoever had tyrannically slaine a king , put on the person and power of a king thereby , and left the same likewise after a little fortune to his murtherer , by a law of inveterate custome , which verily , out of a certaine christian simplicity , was thought by many to have beene therefore so frequently done , because none of the former kings had deserved to be initiated with the solemnitie of a royall vnction . therefore haco being slaine who had succeeded king jnge slaine by him , when the succession of the crowne seemed to belong to one magnus a child , nephew to jnge , the wisemen and nobles of the realme by a common decree , caused the said child to be solemnly consecrated to be the lords annoynted , and crowned with a diadem . by which deed they thought that they had a prince made sacred to them , and that the disgrace of the ancient custome was thereby abolished . but when magnus had reigned some few yeares in great prowesse and happinesse , a most infamous priest suerus , surnamed birkebain , usurped a tyranny , twice defeated magnus by warlike stratagems , and at last utterly routed and slew him in battell ; ( notwithstanding his annoynting ) and usurping the crowne , renounced his holy orders , married a wife , and would have beene crowned by the archbishop of that land ; but he being a great man , would neither be moved with prayers nor threats , to annoynt an exectable head with sacred vnction , for which he was banished the countrey : at last after two great victories against two competitors who were slaine , suerus obtained the royall crowne , with mysticall vnction , by the hands of a certaine bishop compelled thereunto under paine of death , as it were secure by his frequent successes , from the uncertaine end of a long prospering tyranny , &c. by which history it is evident , that it is but a childish simplicity to beleeve , that the ceremony of annoynting kings can of it selfe make kings persons sacro-sanct , or preserve them from violence or assassinations , since it no way prevented this mischiefe in this realme , ( nor yet in any other ) the very first king for whose personall safety this ceremony of annoynting and crowning was introduced among the norwegians and danes , being not long after slaine by his subjects and competitor in battell . i shall close up this with the notable sentence of deprivation solemnly given and executed against wenceslaus the emperour , notwithstanding his annoynting . the sentence of degradation and deprivation of the emperour wenceslaus king of romans , pronounced by the electors of the empire in the yeare of our lord. . in the name of god amen : we john by the grace of god , archbishop of the church of mentz , arch-chancellor of the sacred roman empire throughout germany , make knowne to all men present and to come . what various , manifold , and grievous , as well incommodities as discords , have for many yeares since beene brought into the holy church continuing even to this present , and daily sprouting up more abundantly to the most grievous convulsion , imminution , and dissipation of the sacred roman empire , ( which ought to be a garrison to the church of god and the christian world ) as they cannot be all written , so the mischiefes daily increasing do manifestly enough teach and confirme . and for this cause the lords electors of the sacred roman empire , the ardent petitions of the holy church , princes , nobles , cities , provinces , and subjects of the sacred empire , intreating , desiring a prudent moderator , have long agone very often and seriously , together with us admonished the most illustrious prince lord wenceslaus king of bohemia , both by their owne and their friends labour , and finally by letters ; and have diligently set before his eyes , privately and publikely , his unbeseeming and detestable manners and actions in governing , as also the defects , incommodities and discords of the said church and christian world , likewise the most grievous avulsions and diminutions of the members of the sacred empire , hurtfully done , and permitted to be done , against the dignity of his name : to wit , that he hath not promoted peace in the church , although the great necessity of the christian world , as likewise his office of advocate and defendor of the church , earnestly required it , and he hath also beene frequently desired , required , and admonished to doe it : he notwithstanding perniciously mutilated the empire , and permitted it to be maimed in some members . in the number whereof are millain , and the province of lombardy , which were of the right of the same roman empire , most ample emoluments returning thence to the empire : in which dominion the millainer , like a minister , enjoyed it as a part of the roman empire ; when as he , contrary to that which became his sublimity and dignity , receiving money , created a duke of millain , and an earle of papia . moreover , he hath alienated divers cities and lands belonging to the empire , as well in germany as in italy , some whereof had returned to the same , having little consideration , that he ought to retaine them with the sacred empire . moreover , he hath sold for money to his friends , very many naked and unwritten parchments , ratified notwithstanding with the seale of his majesty ; wherein it was lawfull both for them and others into whose hands these parchments came , to write what things they pleased under the royall seale . out of which thing , for the hurtfull diminution and dissipation of the rights and emoluments of the sacred roman empire , great complaints are risen up . moreover he never had any care of the controversies and warres , which ( alas for griefe ! ) have miserably afflicted and ruined germany , and other lands of the sacred empire . hence spoylings , burnings , and robberies have sprung up , with such lamentable encreases even at this day , that none , neither clarks nor laicks , neither hasbandmen nor merchants , neither men nor women , whether by land or sea , may converse in safety . temples , monasteries , and religious houses , which the sacred empire ought with its hand to assist and defend , are exposed to rapines , and burnings , and reduced to destruction . things are gone to this passe , that every one might have handled , and may even now handle another at his pleasure , against the reason of right and equity , without any feare of the sacred , and long despised imperiall authority , so as even the place of conventing any one , where the defence and patronage of right may be undertaken in the name of the empire , is altogether unknowne . finally , which is horrible and dreadfull to be spoken , both with his owne hand , and the hand of other wicked instruments he hath with him , he hath put to death , drowned in the waters , burned in the fire , miserably and cruelly destroyed , the reverend bishops of holy things , priests , and spirituall pastors , likewise many other men of honest note , against the rule of right , otherwise then became the king of romans . which mentioned things verily , and many other grievous wickednesses and dammages are so divulged and openly knowne , that they can be no wayes excused or concealed . therefore we , as we have fore-written , have frequently very earnestly beseeched , admonished , and required him , that renouncing this unbeseeming kind of life , he would take the study and labour to himselfe , whereby he might recover to the holy church , oft-times imploring his aide , as king of romans , and her advocate , peace and tranquillity , and to the sacred empire , its prestine honours , dominions , and finally its emoluments ; to the assistance and consolation of the christian world , grievously debilitated and oppressed in this regard . now albeit we have most clearely explicated to the foresaid lord wence●●aus , and exhibited to him in writing , these and other more grievous defects , concerning him as king of romans , and the empire ; yet having heard his answers , and having reiterated our serious exhortations , moreover having communicated the businesse to the sacred roman sea , we have never as yet found him , to have amended his manners as became a king of romans ; namely to recover peace to the church , principally necessary to the christian world ; also to the sacred empire , its dignities , lands , and dominions : a thing which is most notoriously knowne throughout all the provinces of the empire . therefore because we could no longer neither conceale , nor endure the remembred and many other defects , touching the sacred church and empire , with grievous losse and mourning ; by reason of the instant petitions of the persons aforesaid , but especially by reason of the oath wherewith we are obliged to the same , as the next superiour members of the sacred empire ; therefore as of bounden duty , we were to advise and endeavour how the sacred empire might be more rightly and wholesomly provided for , ( by whose madde and negligent administration those inconveniences have crept in ) to the safegard and consolation of the christian world . and verily as he in obeying us , had performed an acceptable thing , so we have sufficiently and seriously called and cited him , so as wee have signified to him ; that unlesse he should be present at the place and day appointed , it would come to passe , that both in respect of the petitions exhibited to us , as likewise in respect of our oath , we should be compelled to take and enter into such counsels , whereby the sacred empire might be better setled : most clearely attesting it in our letters . for this purpose we appeared at the place and time prescribed , together with our coelectors sufficiently summoned , also with the other princes and of the sacred empire , expecting from day to day , whether the foresaid lord wenceslaus would appeare , to apply a remedy to the foresaid diseases , and from thenceforth more rightly to consult about the affaires of the sacred empire . but he neither vouchsafed to appeare , nor yet to send any one to us in the name of a proctor . wherefore when as by reason of so many pregnant and pernicious defects , we had admonished and reproved him very often in private and in friendly manner , but after that , when we could doe no good , before the princes and nobles , and cities of the empire , in divers assemblies , not without great and grievous expences , yet without any fruit ; therefore we referred all the fore-mentioned things to the sacred roman sea. but when as neither then , he no whit regarded all those things , we could conjecture nothing else from thence , but that he had laid downe the care both of the church and christian world , but especially of the sacred empire . therefore resolving , that this mischiefe , destructive to the whole christian republike , was by no meanes to be any longer borne and tolerated , with a minde well confirmed , after many and various debates and consultations , both betweene our selves , as also with other princes and nobles of the sacred empire , seriously had , for the safety of the church , the consolation of the christian world , the honour and profit of the sacred empire , we have thought meet , that the foresaid lord wenceslaus , should at this time be wholly removed from the roman sacred empire and all its dignity , as one that is negligent and a destroyer of the empire , and unworthy of it . therefore we john , archbish . in the name of the foresaid lords coelectors of the sacred empire , and our owne , moved both with the commemorated , as also with many other notable defects and causes , by this our sentence , which we give and pronounce by this our present writing , deprive and remove the foresaid lord wenceslaus , a● an unprofitable , negligent waster , and unworthy defender of the sacred empire , from the foresaid roman empire , and from all his degree , dignity , and dominions appertaining to the same : denouncing to all the princes , nobles , knights , gentlemen , cities , provinces and subjects of the sacred roman empire , that they are altogether free from all homage and oath made to the person of wenceslaus in the name of the empire : requiring and admonishing them under the faith of the oath , wherewith they are obliged to the sacred empire , that they doe not henceforth , obey , and submit to the said lord wenceslaus , as the king of romans , nor exhibit or suffer to be exhibited to him any right , obedience , tribute , rent , or any other revenue , b● what name soever it may be called ; but reserve the said duties , for a profitable and idoneous king of romans , hereafter to be substituted by gods gracious assistance . in assurance and testimony of all which things , we john archbishop of mentz , have caused this present instrument to be made by the subscribed notaries , in this patent forme , and our great seale to be affixed thereunto . this premised sentence was read and pronounced by us john archbishop of mentz , in our name , and the names of the lords , coelectors before remembred , under the castle lonstein at the rhene , in the diocesse of triers , reaching towards brubachium , out of a publike throne , erected for the use of a tribunall , the lords coelectors sitting there in judgement , in the yeare of our lords incarnation , . the eight indiction , on saturday the twentieth day of the month of august , a little before the time of the nones ; in the eleventh yeare of the papacy of our most holy father and lord in christ , lord boniface the ninth , pope , by divine providence ; in the presence of the most illustrious princes and lords , john , sonne of the most illustrious prince and lord rupert , duke of bavaria and count palatine of rheine , fredericke burgrave of norimberge , the noble philip lord of nassau , and sarbrucke , emichon of luringen , john of zigenhaim , cunrade burgrave , our canon of mentz , earles : bernhard of westerburg , john of limpurge , rinehard of honowe , barons : mr. nicholas berwin of the sacred page , john of witenburg , and nicholas burgman , of the decrees ; mr. herman president of saint gerion of colen , doctors of the law likewise the valiant knight sigfride of lindow , our vice-commander in ringaugia ; john bossen of waldeck , our buggrave beckelnheim ; and our trusty henry rulman , of dadenberg , gerard of emerberg , lord in lantscron , fredericke of sachenheim , culman of coneren , john of dalburg , rudolfe of zeissikon , as also many other lords , knights , and gentlemen , spirituall and secular ▪ standing by in great member , called and requested to the things above written . and i nicholas berchtoldi fridberg , clerke , publike notary of the diocesse of mentz , by episcopall and emperiall authority , and sworne scribe of my foresaid most gracious lord , lord john archbishop of mentz , because at that time i was personally present when this sentence which we have fore-writ , was given and pronounced , together with the publike notaries and witnesses commemorated , and saw and heard all these things to be done ; therefore at the command and request of my foresaid most gracious lord of mentz ; have reduced this publike instrument faithfully put in writing , into publike forme , and have subsigned and ratified it with my accustomed signe of notariship , having likewise annexed the great seale of my foresaid lord of mentz , in assurance and testimony of all th●● premises . the names of the notaries are , nicholaus berchtoldi fridburgensis . joannes meier junior gasterveldensis . conradus a leiborn , clericus , padebornensis di●cesis . henricus stalberg rotenbergensis . tilmannus a honberg . conradus coler zustensis , coloniensis diaecesis . finally , it is evident ; that the nobles , magistrates , parliament , and representative body of the people , or some part of them in default of the rest , may lawfully take up defensive armes to resist their princes , endeavouring to abrogate the law of god , to waste the church , and extirpate the true religion setled among them by the lawes , and usher in idolatry . and , that in such a case as this , neighbour princes and states lawfully may , yea and ought in point of conscience , to aide the subjects of other princes , afflicted for the cause of pure religion professed by them , or oppressed by open tyranny . these propositions are largely and professedly debated by junius brutus in hisvindiciae contra tyrannos : quaest . . . & . throughout , in the treatise intituled de jure magistratus in subditos , spent wholly in this theame . georgius obrectus . disput . jurid . de principiis belli . num. . to . byvasquius . contr. illustr . . n. . and elsewhere , by albericus gentilis , and sundry others forecited : i shall onely fortifie the later part thereof , with the observation of the * duke of rhoan , who acquaints us ; that it is , and hath beene of later yeares the very true interest , honour , and greatnesse of the kings and queenes of england , both in point of policy and religion , to protect● and assist with armes all princes of the reformed protestant religion , in france , germany , and other parts ; as it is the true interest of the kings of spaine , to protect and releeve all oppressed or grieved roman catholicks under the dominion of other princes : and that their honour , safety , and greatnesse principally consists in the observation and maintenance of this their interest : and with the words of junius brutus ; who thus states and debates the question . an jure possint , aut debeant vicini principes auxilium ferre aliorum principum subditis , religionis causa afflictis , aut manifesta tyrannide oppressis ? in defining this question ( saith he ) there is more need of conscience , then science , which would be altogether idle , if charity obtained its place in this world . but because as the manners of the times are now , there is nothing more deare or rare among men , then charity it selfe , we thinke meete briefely to discusse it . the tyrants as well of soules as bodies ; as well of the church as common-wealth of realme , may be restrained , expelled , and punished by the people . both these we have already proved by reasons . but , because such is the fraud of tyrants , or such the simplicity of subjects for the most part ; that they are scarce known before that they have spoyled ; or these scarce thinke of their safety , till they have almost perished , and are reduced into those straits , out of which they cannot get out with their owne forces , so as they are compelled to implore the aide of other ; it is questioned , whether they defending the cause of religion or of the common-wealth , of the kingdome of christ , or of their owne kingdome , other christian princes may lawfully assist them ? and truly many , whiles they have hoped to increase their wealth by ayding the afflicted , have presently judged it to be lawfull . for thus the romans , alexander the great , and many others , under pretext of suppressing tyrants , have frequently enlarged their dominions : and not long since we have seen henry the second , king of france , to have made warre with the emperour charles the fifth : and that under pretext of succouring and defending the princes of the empire , and of the protestants too ; as also henry the eighth , king of england , was ready to aide the protestants in germany , to make worke for charles the fifth : but if any danger may be feared from thence , or little gaine may be expected , then verily they must heare most princes disputing , whether it be lawfull or no ? and as those under a pretext of piety , did cover either ambition or gaine ; so these pretend justice for their sloathfulnesse ; when as verily neither did piety exhort them , which seekes onely the good of others , nor yet justice ought to dehort these , which looks wholly abroad , and is as it were , cast out of its owne doores . therefore , discharging both these , let us see first in the cause of religion , what true piety , and what true justice may perswade . first , let it be agreed , that there is but one church , whose head is christ , and whose members so cohere and agree among themselves , that none of them ; even the smallest can suffer violence or hurt , but the rest are hurt and suffer griefe , as the whole scripture teacheth . therefore the church is compared to a body . now the body is oft-times affected not onely with the hurt of the arme , or legge , but even of the very the least finger , or perisheth with its wound . therefore in vaine may any one boast , that he is cordially affected with the safety of the body , who when he may defend the whole , yet suffers it to be torne and mangled limb after limb . it is compared to a building : now , where mines are made against any part of the building , the whole building oft-times fals downe to the ground ; and the flame which invades any part thereof endangers the whole . therefore he should be ridiculous , who because he dwels in the cellar perchance , should delay to drive the flame from the top of the house : he should be scarce in his wits , who would not prevent mines with countermines , because they are made against this wall , not against that . it is also compared to a ship : now the whole ship is endangered together , the whole perisheth together : therefore those are equally safe who are in the fore part , as those who are in the puppe ; those who are in keel , as safe as those in the shrouds , if the storme rage : when verily even in the common proveb , those who are conversant in the same danger , are said to be in the same ship : these things laid downe , verily he who is not moved with its griefe , burning , tossing , is not of that body , is not accounted of the family of christ , hath no place in the arke . yet he who is but a little moved , ought no more to doubt , whether he ought to aide the afflicted members of the church , then whether he may helpe himselfe , since in the church all are one ; but rather every one is bound in his place to afford his helpe and assistance to them ; and so much the more helpe , by how much the more riches he hath received from god , not so much to be possessed , as expended . this church as it is but one , so likewise it is universally and intirely committed , commended to all christian princes severally : for because it had beene dangerous to commit the whole church to any one ; and to commit the severall parts thereof to particular persons , had beene clearely contrary to its unity ; god hath committed all of it to every of them , and its particular parts to any of them : nor yet so , as that they should onely defend it ; but also , that they should have a care to propagate it , as much as they are able . therefore if the prince of the countrey , takes care of one part thereof , perchance the german or english ; but yet deserts and neglects the other oppressed part , if he be able to relieve it ; he is judged to have deserted the church , since the spouse of christ verily is but one , which he ought to defend and protect with all his might , lest it should be violated or corrupted any where . the instauration of this universall church as private men are bound to promote with bended knees , so magistrates , i say , are obliged to doe it with their feet , hands , and all their strength . neither is the ephesian church one , the colossian another , and the rest ; but all these particular churches are parts of the universall ; now the universall is the kingdome of christ , which all private men ought to desire ; but kings , princes , magistrates , are bound to amplifie , dilate , defend , and propagate every where , and against all whomsoever . therefore among the jewes there was one onely temple built by solomon , which represented the unity of the church . now he should be a ridiculous churchwarden , and to be punished , who should take care onely to preserve one part safe and sound , but suffer the rest to fall to decay ; likewise all christian kings when they are inaugurated , receive a sword , of purpose to defend the catholike or universall church ; which taking into their hand , they point out all the quarters of the world , and brandish it towards the east , west , south and north , lest any part thereof should be thought excepted . since then they receive the protection of the church in this manner , without doubt they understand the true , not false church . therefore they ought to doe their endeavour to defend , and to restore intirely , that church , which they professe to be true and pure . now that thus it was observed by pious princes , examples may teach us . in the time of hezekiah king of judah , the kingdome of israel was long before enthralled to the king of assyria , to wit , from the time of king hoshea : therefore if that church of god onely which is in the kingdome of judah , and not also the universall , had beene committed to hezekiah ; and if the bounds of the realmes had been to be kept in defending the church , in the same manner as they are in imposing tribute ; without doubt hez●kiah , especially at that season wherein the assyrians enjoyed the empire of the world , would have contained himselfe : but we see that he invited by posts all israel , the subjects , i say , of the king of assyria , to celebrate the passeover in jerusalem ; and moreover that the godly in israel helped them in pulling downe the high places , even in the territories of ephraim , manasses , and the rest . so likewise we read that king josiah , a most godly prince , purged not onely his owne kingdome , but the realme of israel likewise , then wholly subject to the king of assyria , from the worship of idols . verily where the glory of god , where the kingdome of christ are in question , no limits , no bounds , no railes ought to exclude or keepe off the zeale of pious princes . but if peradventure some greater feare hangs over their heads , they may remember by the example of these , that those who truly feare the lord , can feare no man. these examples of pious princes , since the time that the church , which was first circumscribed in palestina , hath beene spread over all the world , many christian princes have followed : constantine and licinius were both emperours , he of the east , this of the west : they were likewise colleagues endued with equall power : now it is known , what is commonly spoken ; that one equall hath no empire over another equall : yet notwithstanding constantine made warre with licinius : who being vexed , slew the christians , and among them many of the nobles , either for the cause , or for the pretext of religion ; by force obtaines free profession of religion for the christians ; and finally breaking his faith , and reverting to his pristine cruelty , he commanded him to be put to death at thessalonica . this i say did constantine the great , whose piety is so much celebrated by the divines of that age , that some of them will have that spoken of him , written in the prophet esay ; that kings should become nursing fathers and pastors of the church . he being dead , the roman empire was divided between both his sonnes by equall right , no prerogative being annexed to either of them . of them , constans fostered the orthodox , constantius the elder , the arrians ; and he verily expelled athanasius the enemy of the arrians , out of alexandria . truly , if any rules of bounds ought to have beene kept , it ought to have beene betweene brethren : yet in the meane time constans threatned his brother , if he restored not athanasius ; being ready to doe it by force , unlesse constantius had speedily restored him intirely ; now if so be he doubted not to doe this , onely for the restoring of one bishop , might he not much more justly doe it , where some part of the people is oppressed , when they implore assistance , when they desire to defend their religion by the nobles approbation ? so likewise theodosius , by the perswasion of bishop atticus undertook a warre against chosroes king of persia , that he might releeve the christians persecuted for religion sake , although they were truly privat men , which surely those most just princes , who enacted so many lawes , and who had so great a care of law , had never done , if they had imagined , that by this their act others territories and the lawes of nations had beene violated . yea , to what end were so many expeditions of christian princes into syria against the saracens ; to what end were those saladinian dismes so oft imposed ; to what end so many sociall warres against the turkes , so many crossadoes indicted against them , if it be not lawfull for any christian princes , even the most remote , to free the church from tyranny , and christian captives from the yoke of bondage ? now with what arguments were they impelled to the warre , with what reasons were they urged unlesse these , that the church was one ? that christ called all whatsoever from all quarters to this service ? that common dangers were to be repulsed with common armes ? all which likewise doe plainely suite with this our cause . now and if this were lawfull for them against mahomet ; yea , not onely lawfull , but likewise as a reward was appointed to the industrious , so a punishment both to the sloathfull , and delayers ; why not also against the enemy of christ ? if i say , against the graecians besieging our troy ; why not also against sinon the incendiary ? finally , if it be a pious act to free christians from bodily servitude , ( for the turkes compell no man to it ) is it not much more so , to manumit the soules of miserable men , and to restore them to liberty ? and verily these so many examples of pious princes may be insteed of a law. but now heare what god himselfe by the mouth of his prophets doth every where threaten against those , who promote not the instauration of the church , or neglect its affliction . the gadites , reubenites , and halfe tribe of manasses , desire of moses that their portion might be given to them and their families on this side jordan : and moses truly gave it them ; but with this law and condition ; that they should not onely helpe their brethren , the other israelites , in conquering the land of canaan , but , because they had first obtained their portion , that they should goe before them , and be placed in the forefront of them : which if they should not doe , he accurseth them , smites them with anathema , and compares them to those who had beene judged rebels at cadesbernea : for what ? saith he , shall your brethren goe to warre , and you in the meane time sit still here ? but rather you shall passe over jordan , neither shall you returne againe hither to your houses before that god hath expelled his enemies from before his face , and given rest to your brethren , as he hath given unto you : then verily you shall be innocent before the lord of israel ; verily those on when the great and good god hath bestowed so great a benefit , unlesse they assisted their brethren , unlesse they were companions of their labours , unlesse they went before them , should without doubt receive most grievous punishments . likewise , when under the conduct of deborah , those of nephthali and zebulon had taken up armes against the tyrant jabin , and in the meane time the tribe of reuben , which ought to be first in armes , delighted themselves with the pipes among the pastures of the flockes , dan boasted of the empire of the sea , asher finally trusted in the asperity of mountaines , all of them are most expresly condemned by the spirit of god , speaking by the prophetesse ; curse ye meroz , saith the angel of the lord , curse ye bitterly the inhabitants thereof , because they came not to the helpe of the lord against the mighty . but blessed above women shall jael the wife of heber the kenite be , who ( although she might have pleaded a truce with the heathens ) yet notwithstanding shee slew sisera , the captaine of the enemies hoast . therefore piously spake v ; riah , the arke , and israel , and judah abide in tents , and oft times passe the night without sleepe in the open fields ; shall i then feast with my wife , eate , drinke , and follow my pleasures ? as the lord liveth , i will never doe this . contrarily the princes of israel did impiously , who trusting in the difficulty of the mountaines of samaria , and in the munition of sion , flowed with luxury , feasted , dranke , slept on beds of ivory , anoynted their heads ; but in the meane time wonderfully despised contrite , cruciated , afflicted joseph , neither were any way moved with his affliction . therefore saith the lord of hoasts , i abhorre the excellency of jacob , and hate his palaces ; i have sworne by my soule that i will deliver up the city ; and all that is therein , yea , these who so greatly rioted shall soone goe with the first into captivity . impiously also did the ephramites , who did not onely not gratulate gideon and jephtha , attaining the victory and triumphing , but likewise envyed them , though yet they deserted them when they were in danger . likewise the israelites , who when david reigned , cryed out ; saying : behold we are thy flesh and thy bones ; when he was reduced into straites , said : we have no part in david , nor in the sonne of jesse . impiously doe all those christians onely in name , who will communicate in the sacred feasts of the church , and yet will not so much as taste the cup of bitternesse with their brethren , who seeke salvation in the church , and yet take no care for salvation and safety of the church and of its members . finally , they acknowledge one father , god ; one family , the church ; professe themselves to be one body in christ ; yet neither yeeld any aide to christ afflicted in his members , or bestow their wealth on him being poore . what thinke we shall be the future punishment of their impiety ? moses compares the deserters of their brethren , to the rebels at kadesbarnea : now none of those by gods owne decree , entred into canaan . therefore they can seeke no place for themselves in the coelestiall canaan , who assist not christ most miserably crucified , and dying a thousand times every day , and implores as it were their helpe from doore to doore . christ himselfe condemnes those to eternall fire , who harboured him not when he was a stranger , who fostered him not when he was a cold , who cloathed him not when he was naked , who relieved him not when he was poore , who freed him not when he was captive . therefore they ought to know , that eternall fire is prepared for them , who passe him by with a deafe eare daily , suffering such things , as though in the meane time they may seeme to worke great miracles ; and therefore verily it shall be easier for certaine infidels , than for them ; for what doe the jewes , the scribes and pharisees properly crucifie christ ? doe the ethnickes , turkes , finally some christians , persecute , crucifie , vex christ in his members ? the jewes professe and beleeve him an imposter ; the ethnickes a malefactor ; the turkes an infidell ; others an heretique . therefore if they consider the minde of them all , from whom we commonly measure the crime , they all seeme to persecute noxious , impious men deserving punishment , not properly to slay christ ; but they onely doe truely prosecute , truely slay him , who willingly suffer him whom they professe their me●siah , redeemer , god , to be tortured and crucified in his members , when they might hinder it . in summe ; he who delivers him not from death , when he may , is equally guilty with him that slayes him : for because he would not helpe him , he willed he should be slaine ; now in a crime the will it selfe ought to be regarded . but certainly , the murther , especially of christian princes , who helpe not those who are persecuted for religion , is so much the more grievous , by how much the more they slay , whom they might set free , and by how much it is more wicked to slay a brother , than any other person . a wickednesse more horrid than that of the tyrants themselves ; by how much it is worse to slay a good , just , pious , innocent man , than a theefe , imposter , sorcerer , hereticke ; more flagitious to assault god , than any man : and finally , by how much perfidiousnesse in an equall fact exceeds ignorance . but whether shall it be lawfull to determine the same of those , who give no assistance to those who are oppressed with tyranny , or defend the republicke against tyranny ? since a reason cannot be given of so straite an alliance , of so strict a covenant ; when as , i say , we doe not here discourse of the church , which is but one of all men ; which being one and universall , is committed to every one ; but of the republicke , which may be different from that of others ; and being different , is committed severally to others ? a neighbour , saith christ , is not a jew to a jew onely , but to a samaritan , and to any man. now we ought to love our neighbours as our selves . therefore a jew , if he would discharge his duty , is bound to deliver from a theefe , if he be able , not a jew onely , but likewise every stranger , yea likewise one unknowne . neither will any one dispute , whether it be just to defend himselfe ; seeing verily it is more just to defend another than himselfe in this respect , wherein things are more just , which meere charity doth , than those which either anger , or revenge , or other perturbation of the minde doe : and no man holds a meane in revenging his owne injuries ; but in other mens , although more grievous , even the most immoderate may hold a meane . but we may learne from the heathens themselves , what humane society , and what the common nature of all men require of us in this thing . for cicero saith , there is one nature of all men ; that even nature it selfe prescribes this , that a man ought to take care of a man , who ever he be , even for this very cause , that he is a man. if otherwise , all humane consociation must necessarily be dissolved . therefore , as there are two foundations of justice : first , that no hurt be done to any ; next , that the profit of all , if it may be done , be advanced : so also there are two kinds of injustice ; one of those who offer injury ; the other of those who propulse not wrong from those to whom it is offered , if they be able . for he who doth unjustly against any one , incited either by anger , or other perturbation , he seemes as it were to offer violent hands to his companion ; but he who doth not defend , or resist an injury if he can , is as much in fault , as if he deserted either his parents , or friends , or country . so that what the one doth , anger is judged to doe , which is reputed a short fury ; what the other , an evill minde truely , which is a perpetuall tyranny . and however his fury may be excused , the others destinated counsell can by no meanes be excused . thou wilt say , i feare that while i repulse an injury from him , i should doe an injury to the other . yea verily , thou wilt cover thine injustice with a pretext of justice ; whereas if thou consultest with thy selfe , not justice moves thee to desert thy duty , but rather some other cause . for as he saith in another place , either thou wilt not undertake enmities , or labour , or cost ; or else thou art so hindered with negligence , sloathfulnesse , idlenesse , or with thy studies , or certaine imployments , that thou sufferest those to be deserted , whom thou oughtest to protect . but while thou sayest , thou dost thine owne businesse , lest thou mightest seeme to doe wrong to any , thou runnest into another kinde of injustice . for thou desertest the society of life , because thou bestowest on it nothing of thy study , nothing of thy paines , nothing of thy goods . these things ethnickes , philosophers , and politicians hold , truely more piously than many christians in this age . hence a neighbour is bound by the lawes of the romans , to take away a servant from a cruell master . but among the aegyptians , he who had casually found a man to be beaten by theeves , or to suffer any injury , and had not re●cued him , if he could , was guilty of death : if not , hee was bound to accuse the theeves before the magistrate : which if he had neglected , he was beaten with a certaine number of stripes , and punished with a three dayes fast . now if this verily be lawfull in one neighbour towards another , yea , lyeth upon him out of duty to assist every one he meets against a theefe ; shall it not be much more lawfull to a good prince , not onely to ayde and patronize servants against a raging master , or children against a furious father ; but a kingdome against a tyrant , a republike against the private lust of one man ; a people , a lord , i say , against a publike servant and agent ? yea , verily , if he shall neglect it , shall not he merit the name and punishments of a tyrant , as the other of a theefe ? hence thucydides saith , not onely those are tyrants who reduce others into servitude , but much rather those who when they may repulse that violence , take no care to doe it : but especially those who will be called the defenders of greece and the common country , but yet helpe not their oppressed country : and rightly ; for a tyrant is in a sort compelled to retaine violently the tyranny which he hath violently invaded ; because , as tyberius said , he seemeth to hold a wolfe by the eares , which he cannot retaine without force , nor yet let goe without danger . therefore that he may extinguish one crime with another , hee commits many wickednesses , and is compelled to injure others , lest he should be injurious to himselfe . but that prince who idlely beholds the wickednesses of a tyrant , and the ruine of the blood of innocents which he may hinder , because he doth as it were take pleasure in the gladiatory sport , is by so much more criminous than the tyrant , as he who sets sword-players to fight , is guiltier than the man-slaying gladiator ; as much as hee who slayes a man for pleasure sake , is more criminous than he who doth it by constraint , or out of feare or necessity . if some oppose ; but it is a fault for any to intermeddle with , or thrust himselfe into anothers businesse : terentian chromes may answer ; i am a man , i thinke no humane thing strange unto me . if others ( that they may seeke lurking holes for their impiety ) object ; that there are distinct limits , distinct jurisdictions ; now it is not lawfull to thrust a sickle into anothers corne : neither truely do i advise , that by this pretence thou shouldest invade anothers territories , usurpe anothers jurisdiction to thy selfe , draw thy neighbours corne into thine owne floore , which most doe under this pretext . i doe not say , that by the example of that arbitrator , of whom cicero , thou thy selfe shouldest judge the thing controverted to thy selfe ; but rather that thou shouldest restraine a prince invading the kingdome of christ , containe a tyrant within his limits , stretch out an helping hand to an afflicted people , and a prostrated commonweale ; but thou must do it in such sort , that thou mayest not looke after thine owne profit , but the good of humane society altogether . for since justice wholly lookes abroad , injustice onely regards it selfe , thou shalt at last doe this justly , if thou shalt have no regard of thine owne profits . briefely , if a prince violently passeth over the fixed limits of piety and justice , a neighbour may piously and justly leape over his limits , not that he should invade anothers , but that he should bid him be content with his owne : yea , he shall be impious and unjust , if he neglect it . if a prince exercise tyranny over the people , he may no lesse , or lesse slackly assist them , than him , if the people should move sedition : yea , he ought to doe it the more readily , by how much it is more miserable , that many suffer , than one . if porsena reduce tarquin the proud to rome , much more justly may constantine , sent for by the people and senate of rome , expell maxentius the tyrant out of the city . finally , if a man may become a wolfe to a man , nothing truely forbids , but that a man may be a god to a man , as it is in the proverbe . therefore antiquity hath enrolled hercules among the number of the gods , because he punished and tamed procrustes , busyris , and other tyrants , ( the pests of mankinde , and monsters of the world ) in every place . so also the roman empire , as long as it stood free , was often called , the patrocinie against the robberies of tyrants , because the senate was the haven and refuge of kings , people , nations . so constantine sent for by the romans against maxentius the tyrant , had god the captaine of his army , whose expedition the universall church exalted with powerfull prayses ; when yet maxentius had the same authority in the west , as constantine in the east . likewise charles the great , undertooke a warre against the lombardes , being called by the nobles of italy to their aide , when as yet the kingdome of the lombards was long before established , and he could claime no right to himselfe over them . likewise , when charles the bald king of france , had by tyranny taken away the president of that country , which lyeth betweene seine and liger , duke lambert , and jamesius , and the other nobles of france had fled to lewis king of germany , charles his brother by another mother , to crave aide against charles and his mother judith , a most wicked woman : he in a most ample assembly of the germane princes , heard these suppliants , by whose unanimous counsell , a warre was publickely decreed against charles , for to restore the exiles . finally , as there have beene some tyrants in every place , so likewise among all historians there are every where examples extant , of tyranny revenged , and people defended by neighbour princes ; which the princes now at this day ought to imitate , in curbing the tyrants both of bodies and soules of the republicke , and of the church of christ , unlesse they themselves will be named tyrants , by a most deserved right . and ( that we may at last conclude this treatise in one word ) piety commands the law of god to be observed , and the church to be defended justice , that tyrants and the subverters of law and the republike should be curbed ; charity , that the oppressed should be releeved , and have a helping hand extended . but those who take away these things , take away piety , justice , charity from among men , and desire them to be altogether extinguished . so he : if this then be an irrefragable verity , that forraine states and princes are so farre obliged to assist and relieve those of the same religion , and all others whose liberties , rights , priviledges , are forcibly invaded * ( which our parliament and state by their assistance , if the netherlands and other protestant states , both in quaene elizabeths , king james , and king charles his reigne , approved and justified both by words , acts of parliament , and reall performances ) then certainly those of the self-same church , nation , kingdom , and fellow subjects , under the self-same prince , betweene whom there is a farre nearer relation , much stricter obligation , and more strong ingagements , ought mutually to aide and assist each other to the uttermost of their abilities , when their religion , lawes , liberties , be violently invaded , their dearest native countrey wasted , sacked , plundered , burned , ruined , in a hostile warre-like manner , with open force of armes , either by the king himselfe , or a prevailing malignant popish faction , who have surreptitiously possessed themselves both of his person and affections which they have gotten into their owne over-ruling power . how much then it now concernes every reall protestant within this realme of england , and all other his majesties dominions to unite all their common forces together , unannimously to protect , defend , maintaine , and propagate our established reformed religion , fundamentall lawes , liberties , the very priviledges of parliaments , their estates , liberties , lives , the peace , welfare , and common good of their dearest native countrey , and our three united realmes against all popish malignant forces now in armes to invade , eclipse , impaire , subvert , sacke , ruine them ; and how monstrously , unnaturally , unchristianly , and detestably impious , treacherous , perfidious , all those english , irish , and scottish protestants proclaime themselves to the present and future age , who now trayterously joyne their forces with the malignant popish party , or prove uncordiall , false , treacherous , and perfidious to their religion , liberties , countrey , and the parliment ( who have not onely waged , imployed , but confided in them ) and contribute their uttermost endeavours to betray , enslave , undermine , and to sacke , burne , and totally overturne them ( as many we finde have done to their eternall infamy ) i here referre to every mans judgement and conscience seriously to determine . certainly such unnaturall monsters , such trayterous judasses , such execrable infamous apostates as these , can expect no other reall remuneration of this their treachery and perfidiousnesse , but the ruine of their credits , the detestation of their persons , memories ; the confiscation of their estates , the extirpation of their families , the execrations of all good men , the severest judgements of god , and utter confusion with horrors of conscience tormenting them constantly day and night , whiles they continue languishing under all these miseries here , and the sharpest torments , the very largest dangers , the hottest flames in hell for ever hereafter : and those antichristian papists who now are and have beene so faithfull , active , zealous , couragious , industrious , liberall , bountifull , if not prodigall to prosecute their owne interests , designes , to maintaine and propagate their false , erroneous , detestable religion , superstitions , idolatries , both in england and ireland with the effusion of their bloud , expence , and forfeiture of all their estates , and never yet deserted , or became treacherous to their false execrable cause or religion in the least degree , shall all joyntly rise up in judgement against them both here and hereafter to their sempiternall infamy , reproach , and most just condemnation . o consider this all yee who now so much forget , neglect , betray both your god , your christ , religion , lawes , liberties , countrey , parliament , yea your very selves , your soules , bodies , and posterities ; consider with your selves the bitter curse denounced by god himselfe against meroz , judg. . . consider the fatall , dismall end of treacherous juda● , matth. . . , . acts . . , . consider that dreadfull speech of our saviour christ , marke . ▪ , , . whosoever will save his life shall lose it , but whosoever shall lose his life for my sake and the gospels shall save it . for what shall it profit a man if he shall gaine the whole world and lose his owne soule ? or what shall a man give in exchange for his soule ? whosoever therefore shall be ashamed of me and of my word , in this adulterous and sinfull generation ; of him also shall the sonne of man be ashamed when he commeth in the glory of his father , with the holy angels . * if we suffer with him , we shall also reigne with him ; if we deny him , he will also deny us : if we be but fearfull in the cause of christ , we shall be sure to have our part in the lake that burneth with fire and brimstone , rev. . . o what then will be our portion , if we be unzealous , negligent , perfidious to it , or professed enemies ( especially in open armes ) against it , when it cries out to us for our necessary assistance every where ? if jesus christ will render tribulation to them which doe but trouble his people ; yea , and shall be very shortly revealed from heaven , with his mighty angels , in flaming fire , taking vengeance on all them that ( onely ) know not god , and that obey not the gospel of jesus christ , who shall be punished with everlasting destruction from the presence of the lord , and from the glory of his power , thes . . . to . o where shall all those ungodly sinners , rebels , and traytors appeare , who now every where murther , plunder , persecute , extirpare gods dearest saints ; and not onely refuse to owne , but even desert , betray the cause of god and their countrey ? who refuse not onely cordially maintaine the very truth of god , the gospel of christ , and which themselves in shew not onely pretend to know , but professe ; but also joyn with papists , and malignants openly to fight against , and totally to suppresse it ? certainly if judgement shall beginne at the house of god it selfe , as now it doth , and if the righteous who defend the cause of god and the kingdome shall scarcely be saved , what these mens dreadfull end , and judgement at last shall be , transcends my thoughts to conceive , my expressions to relate ; all i can say is this , it will be superlatively miserable and grievous , that eternity of incomprehensible torments will onely be able to demonstrate the infinity and execrablenesse of their sinne . o then let all of all sorts consider seriously of this , and all the premises , and the lord give them understanding and grace to keepe a good conscience , and discharge their severall trusts and bounden duties faithfully , cheerefully to their god , religion , king , countrey , and the parliament in all things , that so they may enjoy the honour , comfort , benefit , of all their faithfull endeavours to defend , promote , and propagate religion , lawes , liberties , and the publike welfare here ; and the crowne , the full guerdon of them hereafter ; and poore bleeding , dying england and ireland may now at last attaine that speedy , holy , lasting , honourable , blessed peace and unity , which all good men cordially pray for and endeavour ; which doubtlesse had beene easily effected long ere this , had we all beene faithfull , true , reall to the publike cause of god and our countrey in our severall places , and not faithlessely betrayed , but sincerely discharged the severall trusts reposed in us to the uttermost of our powers : the readiest meane to re-establish and perpetuate our pristine tranquillity : which i humbly beseech the god and prince of peace effectually to accomplish in his owne due season , before our whole three realmes become a desolate wildernesse , an accheldama , a golgatha , as many places of them are already , and more like to be , if the extraordinary mercy of our ever-gracious god , prevent not the mischievous long plotted conspiracies , malice , rage , treachery , of unnaturall , and deceitfull men . finis . this oath should have come in the appendix , page . line . . the oath of charles , king of navarre at his coronation , an. . recorded in the generall history of spaine , l. . p. . . vve d. charles by the grace of god , king of navarre , &c. doe sweare unto our people of navarre upon the holy evangelists toucht by us , and to the prelates and rich men of the cities and good townes , and to all the people of navarre , for all your rights , lawes , customes , freedomes , liberties , and priviledges , that every one of them as they are , shall be maintained and kept to you and your successors , all the time of our life without corrupting them ; bettering , and not impairing them , in all , or in part : and that the violence and force which hath beene done to your predecessors , whom god pardon , and to you by vs , or our officers , we shall hereafter command it to cease , and satisfaction to be made according unto right as they shall be made manifest by good men of credit . after which the deputies of the state swore , in their owne names , and for all the realme ; faithfully to guard and defend the kings person , and their countrey ; and to aide him , to keepe , defend , and maintaine the lawes and customes , with all their power . errata , and omissions in some copies . part. . p. . l. . it , is , p. . l. . c. . p. . l. . private , publike , p. . l. . other . pugnae . appendix p. . l. . parallel , p. . l. . them , the people , l. . & p. . l. . maximus , p. . l. . polieuctus , p. . l. . dele , in the , p. . l. . other , p. . l. . retired , p. . l. . the hand , p. . l. . cara , lara , p. . l. . pacensis , p. . l. . dele the , p. . l. . yeares , p. . l . dele cite , l. . mariana , p. . l. . adde chron. . . and the inhabitants of jerusalem made ahaziah his youngest sonne king in his stead , l. . confirmed , p. . l. . not from it to , p. . l. . in some sence in private ●ases , p. . l. . pem , patu , p. . l. . canarvanius , p. l. . received , renued , p. . l. horomani francogal . . vindiciae , p. . l. . revocable , l. . historicall , l. . cuiacius , l. . usufrvctuary , l. dele the , p. . l. . to , doe , l. . dele to , l. . foundations , p. . l. . is an , p. . l. . caracalla , p. . l. . . secun . qu. p. . l. . in law , p. . l. . fealty to , p. . l. . adjuvante , l. . rapacitates , p. l. . if , it . p. . l. . preserve , l. . and. l. . goods , p. . l. . . forcibly resist , p. . l. . so , to , p. . l. . . p. . l. . converseth , p. . l. . lesse . in the margin . p. . l. . dauleny , p. . l. . leges , l. . aimoin . l. . jure , p. . l. . . p. . l. . arnnales , gil. p. . l. . rex . part . p. . l . third . read , second , p. . l. . through , p. . l. . l. . p. . l. . britan●● 〈◊〉 . . privatave , p. . l. . reputing them , p. . l. . responum , p. . l. . duairus , p. . l. . raynerius l. . albericus . part . p. . l. . perfidum . part . p. . l. . naturall , nationall . notes, typically marginal, from the original text notes for div a -e * see the . article of the church of england , & rogers ibidem . * joh. . . * zech. . . notes for div a -e * judg . . a plato ●ege hoc sanxit . li. de ll. si qui● privatim sine publico scito , pacem bellumve secerit , capitale esto . b page . , , , . and elsewhere . * part . & . c num. , , . d see cambdens britannia , p. . accordingly . e see e. . pars . m & pars . m. . judge crockes argument against ship-mony , p. . to . f see cambaens britan. p. . * an exact collection of all-remonstrances , &c. p. , . * part. . p. , . part . . p. . to . nota. object . . see the kings declarations and proclamations against this and other assessements . answer . see sir edward cookes institut . on mag. charta , and these laws articuli super chartas , confirmatio chartarum , part . . rastall accusation , , , . rastall tenths , taxes , &c. . object . answer . * see . h. . c. * part . pag. , , . * see part . . p. , , , . * e. . c. . * e. . c. . the king then absent in france . * e. . c. . mar. e. c. . jac. c. . * jac. c. . . carc . c. . * car. c. . . jac. c. . * see rastall . taxes , &c. throughout . * matth. paris , hist . angl. p. , , , . daniels hist . p. . * walsingham . hist . angl. p. . holinshed , grafton , and daniel , p. . * mr. hackwels mannor of passing bils , sect . . p. . * see part . . p. , , , , to . * see part . . p. . . * fitzh . assise . auowry , . prescrip . . br. custom . . kitchin. . . . co. . rep. . to . see rastal . title corporations . * judge crookes argument against ship-money . p. , may . . a cook . report . fol. , . b cook . report f . c 〈…〉 d register . fol. . fitz. natur . br●u . fol. . cooke , l. . fol. . e part. . p. ● . . . , , part . . p , &c. francis , then his catalogue of protectors , in holinshed , p. &c. f de iure belli & pacis , l. . c. nu . . p. . g vindiciae contr . tyrannos , qu. , . h . h . . . e. . b. . e. . br. custome . trespas . dyer . . * cook . rep. f. , . ash . title si●●nts . i see the remonstrance of the rise and progresse of the irish rebellion and romes master-peece . * see m●tranus and grimstons generall history of the netherlands . * see the relation and proceedings of the iri●h assembly at kilk●●y the parliaments remonstrance of the rise and progresse of the irish rebellion . * see the irish excise . * see part. . p. , , &c. a e . c. , . ●●rec . p. , , , . b matthew paris . p. . . speed. p. . c reges hoveden , annal par● post , p. . d●nial . p. . object . . answ . . * see cromptons iurisdiction of courts , f. , , , . hollinshead . p. . ferrers cas● . dyer . . e. . . . h. . , . d fortescue , l. c. , . , . cromptons iurisdict f. . h. . f. . . brooke poerag . . e littleton and cooke institutes h. . a . b. h. . . a. f levit. . & . g register . par . . f . fitz. nat. bre. f h iac. c . h see m●gna 〈◊〉 c . 〈…〉 cook ibid. i s●●e w●lsi●g 〈…〉 in the . & . e. . 〈…〉 . p . , . 〈…〉 e. . cap . walsi●g . hist . 〈…〉 speed , p. k . e . cooks instit . f. 〈…〉 . l 〈◊〉 speed , grafton , 〈…〉 in and r. . h. . b. h . a. 〈…〉 m regist fol. . b cooks . 〈◊〉 f. . n 〈…〉 n 〈…〉 * . eliz c. . iac. c. , , . * alber. gent. de iure belli , l. . and hugo gro●ius , de iure b●l●i . l cap . . . &c. o see albericu● gentilis , de iure belli , l. . c. . . . l. . c. . & . hugo grotius , de iure belli , l. . c. . to . p see part. . p . part. . p. , , ● fa●ia● . part . . p. . q matth. paris , hist . p. . to . daniel p. , , . part. p . . r cook repub . f. , , iames bagges case . ſ matth . . t ●iero de offic●●● , l , aristot . poli● . l. . u see part. . p. . to . x fabian . part . . p . y matth. paris p . z matth. par●● hist . angl p. . gra●●on , p. , . * matth. paris . hist . angl. p . * see . r. c. . . h. c. . h. . c. . * . ass . . ass . . . ass . . ass . e . . fitz. attaint . . * matth. paris , p. . * annal. pars ●osterior p. . . . . * in the life of 〈◊〉 the first . * see part. . and . * john . ● . . c . . * cor. . tim . 〈◊〉 brook and ash , title excommengment . summa angelica , rosella and others , tit. excommunication . * d. l. amne delictum . sect . qui in acie rebuffas in l●liberorum sect . etenim . henricus bocerus , lib . de bello , cap. . p. , . * diodorus sie●dus bibl. hist . l. . sect . , . p. . * see her● . part . . p. . * walsingham . hist angl. pag. . * dani●ls hist . p. . * d. l . sect , is qui ad hostem hemicus bocerus de e●llo . l. . c. . p. . * walsingham . hist . angl. p. , . see rastall . captains and souldiers . cook . rep. f . * the generall history of stain , l . p. , . notes for div a -e * see camb. br. math. it estm . polychr . fabian , holinsh . speed , grafton , grimston . a livy , rom. hist . l. . plut. romul & numa pomp. dionys . hal. antiq. rom. l ● munster cosmogr . l. . c. . p. ● . b plutarchi numa pompil . dionys hal. l. . sect . c livie rom. hist . l. . l. . . edit ●rancofurti , ● . dionys . hal. l. . sect . . d livie rom. hist. l . p. p. . e livie , l. . p. . dionys . hol. l. . c. . f liviel . . p. . dionys . hal. l. . c. . g livie l. ● , p , . dionys . hal. l. . c. . h ibid , p , , dionys hal l. . c. , . i ibid. k ibid p. , , ● , . dionys holbicar . l. . c. to the end . l livie l. , p. , . dionys . hal , l , , c , , l. . c. . m de officiis l. . n livie l. . p. . dionys . halicar . l . c. , . o livy ibid. 〈…〉 dionys . 〈…〉 p 〈…〉 l. . sect . p. ● , , . q historiae , l : , p. , , . r hist . l , , & , l , , p , ● , s ge , dierum l , , c , , l , , c , , f , , , t com. weal , l , ● , c , , v rosiaus , godwin , and others : and munst , cosmogr , l , , c , 〈◊〉 , p , ● , , & c , , p , ●● , x liv , hist , l , , p , , with the other forecited authors . y nobis eadem vi facitis i●vitam , qua peperistis , liv , hist , l , ● , r , ●● , z common wealth , l , , c , , & l , , c , , a see mun● , cosmog , l , , c , grimstons imperiall historie , suetonius , dion cassius , herodian , ●utropius , zoaaras , sabellicus , chronicon chron●●rum , opmeerus , speed and others in these emperor lives , and others . b grim , impe . hist . in his life , p. , 〈◊〉 munster cosm . l ● . c. 〈◊〉 , p. , c grim. impe . hist . p. . d commentar . l. . f. . e see eutropius , sabellicus , zonaras , grimston , munster in his life : paneg. trojano dictus . f in vita trajani . g eccles . hist . l. . c. . h history of gr. brit. p. . i grimstons imperiall hist . in his life , p. munst . cosm . l. . c . k grimstons imperiall hist . p. . . l hist . l. . p. . . m grimston , ibid. p. . tom . munster cosmogr . l . c. . n grimston , suetonius , eutropius , zonaras volateranus , sabellicus , math. westm . polychronicon , opmetrus chron , chronicorum , speed , and others in his life . o grimston , entropius , and others in his life . p grimstons imperial hist . p. . munster cosmog l. . c. . p. , . q grimston ib. p. . aelii lampridii heliogabalus , zonares , sabellic . and others . r grimst . in his life p. , to . with jul. capitol , sabellicus , munster , and others . ſ grimston p. . t see munst . cosm . l. . c. . zouaras , nauclerus , sabellicus grimston , and others . v ioan●es zonaras , annal. tom. . p. ● . grimst . p. ● . eutropius , l. ● . p . see munsteri cosm . l . c . throughout . x zonaras ib. grimst . p. ● . and munster , l. . c. y zonaras . tom. , f. . z zonara . ib. f. . grimst . p. . a zonaras ibid. f. . b zonaras ib. f. 〈◊〉 , , . grimst . p. . c zonaras ib. f. . . grimst . p. . d grim. p. ● e zonar . f. f desex aetatemundi . g in philyppico . h l , . c. . i an. . k zonaras tom. , f. l zonaras , ibid , f. m see zonaras . ib. f. n nicetae chroniatae , annales f. . o munst . cosmog . l. , p. , . p munsteri cosm . l. , c. ● . q see bishop bilsons true difference &c. part . . p. , to . r zonaras annal. tom. . f. . cuspinian , in annastatio . ſ zonaras tom. . f. . * se● ( q ) before . t 〈…〉 . v 〈…〉 see mua . cosin , l. . c. . & l. . c , . x decad , . l , , . y 〈…〉 . z bp. bilsons true difference between christian subjection and unchristian 〈…〉 nauclerus vol. genera●● , an , . sigebert , chron. an. . aencas sylvius de author . rom. imperii c. munst . cosinog , l. . c. ● . a 〈…〉 c . b decad ▪ . l. ● , c vol. , gen. . an , . d ●nead . ● . ● , e annal , ●o●●rum , l. . f. . f anno ● . g ● . , c , ● , h de author , rom , imp. c. . i see avontine , an , l , , f , , &c. and bishop . bilson ( z ) before k iacob vald. de dignitate regum hisp . c , , munst . cosm . . . c , . . l see speeds hist . p , to . m the true difference between christian subiection and unchristian rebellion . part . . p , . n cassanaeus catalogus gloriae mundi pars , consid . , p , . o see munst , cosm l. , c , , and grimstons imperiall hist . p grimst . imp. hist , p , , . , . . munst . cosm , l , , p , , to . q see grimst . abas vsper gensis , nauclerus , rerum germanicarum scriptores , munst cosmogr . l , bp. iewels veiw of a seditious bull. and others in their lives , and iohn white his defence of the war , c , , p . to . r grinst imp. hist p , , munst . cosmog . l. , p. ● . hermolds chron. slauorum l. , ● . . iean cressin la state de le 〈◊〉 p. . s munst cos . l , ● . p , ● , grimst . im. hist . p , . , . iean crisp . le state de le g●se . p , . t grimst . imp. hist p , . . u munst . cos . l. . c. , p , ● , l , , p. , to . grimston . p , . . x consm . l. . p , , to . y imp. hist . from charles the great to the end . z common wealth , l , . c. . p. . , a bodin com. l. , c , , p. , &c. b cicero oratio pro rabirio , perd. reo . c of the difference between christian subjection , &c. part . . p. . to . d catalogue gloriae mundi . pars . . consid . . p. . e resolving of conscience sect . . . , a revindication printed at cambridge , . and other late pamphlets . f cassanaeus catalog . gloriae mundi pars . . consid . . & iacobus valdesius de dignitate regum regnorumque hispaniae passim g , e. . . error , . fitzherbert petition . the petition of right . caroli . see ashes tables annuity : . amerciament . . entr , congeable . entrusion , petition and traverse des offices throughout & habeas corpus hieron . blanca . aragon . rerum comment . p. . . . . . to . h prov. rom. . . i psa . . , . exod. . . ioh. . , . k rom. . , , , . tit. . . tim. . . l prov. . . deut. . . chr. . , . m b. iewels veiw of a seditious bull. dr. crackenthorp of the popes temporall monarchy 〈◊〉 , , , . cassanaeus catalogus gloriae mun di pars . cons . n see balaeus de vitis pontificum . morneys misterium , and ●ere , part . . o bp. iewels veiw of a seditious bull. matt. paris and speed , in king iohus life : bp. bilsons true zifere●ce , &c. part . , p. ● , . saxo grammatticus hist . daniael , . p. , . p bp. bridges his supremacy of christain princes . p. . q oratio pr● deiorato rege . p . r iosephus antiqu. iudaeorum , l , , c , . alexander ab alexandro . gen. dierum l. . c , , f. . s alexander ab alexandro abid strabo geogr. l , , p. , . t grimstons imperiall history , p , . v munsters geogr. l , , c , , 〈◊〉 . gen : hist , of france . p. ● . v matth. par. hist . angl. p. , , . gen. hist . of france . p. . x speed , p. , hect. boetius , l , . walsing , holins . fabian , grast . and others . y speed , . . cambd , esiz . holinsh . stow , martin , buchanon . z polit , l. . c. . p. . . and l. . c. . p. . * hist . l. . p. . &c. a polit. l. . c. . . and l. . c. , . b polit. l. . c. . , , . c polit. l. . c. . p. ● . d polit. l. . c. . p. , . e hist . l. . p. . f antiq. rom. l. . sect . . p. . g hist. l. p. , . h genial dierum . l. . c. . f. . & l. . c. . f. . de moribus gentium . see xenophon hist. grac. l. . p. & de laced , repub . p. . i pol. l. . c. . k commonw . l. c . p. . . * regi in exercitu nihil restat negotii , quàm ut rerum divinarum respectu sit sacerdos , humanarum vero imperator , xenophon lacede . resp . ● . l plutar. apotheg . p. . m polit. l. . c. . p. . n de agesil . reg p. . o xeno . de lacedem . repub. p. . o xeno . de lacedem . repub. p. . p alexan. ab alex. l . c. . f , . calius rhodig , antiq. lect. l. . c. . q plutarch de virtutibus mulierum , p , , . r alex ab alex , l , ● . c , , f , . ſ strabo geog l. . p. ● . alex , ab alex. l. . c. . diodorus siculus bibl. hist . l. . c . p. , . t alex. ab ale. l. . c. f . diod. sic. bibl. hist . l. . p. . u strabo geogr . l . p. alex. ab alex. l. . c. . munst . cosmog . l. . cap. . boe. de moribus gent. l. . c. . p. . x hist . daniciae , l. . p. . y alex. ab ale. l. . c. , f . z alex ab ale. l. , c. . a munst . cos . l. . c. . p. . b munst . cos . l. . c. . p. boe. de morib . gentium . l . p , , . c alex. ab ale. l. . c. . f. . m gen. dier . l. . c. . & l. . c. . n geog. lib. o de moribus gentium . p ind. hist. q pilgrimage and voyages , merula , munst . gotard . mercator , nov. orbis . r diod. sicul. bibl. hist. l . c. . p. . boem . de moribus gent. l. ● . c. ● . p. . fortes de laud. leg. ang , c. . ſ ●oem . demor . gent. l. . c , . p. . t bibl. hist. l. . sect . . p. , , . boem . de mor gent. l . c. . p. , . fortes . c. . v memorabilium , l. p . de laced . repu . p. , . x hist , l. . p. , to . y munst. cosmog . l. . c. . p. l. z bodin commonw . l. ● . c. . p. ● . a apolog. adv . gentes . * see livy passim . b annalium ● . . commonw . l. . c. . p. ● . c hist . rom l. . & . d commonw . l. . c. . p. . e pars . consid . , , . p. . &c. f cassan . ibid. & bodin commonw . l. . c. . l. . c. . l. . c. . g commonw . l. . c. . p. . h fabian . pa. . c. . par . . p. . . . , . par . . p. , . , . andrew favi●s theatre of honor , l . c. . munsteri cosmog . l. . c. . p. , . paulus aemylius , l. . mercators atlas , p. , . bodin commonw . l. . c. . i paulus aemyl l. . gaguinus and the generall history of france in his life , iean crispin lestate de leglise p. . fabian , par . . c. . p. . munsters cosmog . l. . c. . k . h. . f. . &c. l hist . p. . , . . &c. m fabian . pa. . c. . gagui . emyl . the generall hist. of france , crespin , munst . and others in his life n fabian , pa. . c. . . gaguyn . emyl . the gen. hist . of france . o fabian . part . ● c. . gaguinus , paulus aemilius , crespin , the generall hist . of france . p fabian . part . . c. , , . gaguinus . aemylius . crespin , the generall history of france , in his life , and the life of childericus . q fabian . part . . c. . . gaguinus , aemylius , crespin , the generall hist of france . r fabian . part . . c. , . generall hist . of france , gaguinus , aemylius , crespin , turpin , chronicon , chronicarum , sabellicus , opmeereus , in the life of childericke and pipin , aventinus annal. poyor . l. . antonini chron. tit. . nu . . sect . . munst . cosmog . l. . c. . 〈◊〉 . iewels reply , p. , , . bishop bilson of christ . subiection &c. par . . p. to . blondus decad. . l. . nauclerus , vol. . gen . . regino , l. . an. . papyrius masson , an. in child . p. . 〈…〉 . ſ annal. boiorum , l. . p. . t lambards archaion . f. fox acts & mon. vol. . edit . ult . p. . u antonini chron. tit. . . n. . sect . . f. . blendus decad. . l. . sabellicus enead . . l. . gaguinus l. . in car. martel . nauclerus vol. gen . . gratian. caus . . qu. . platina in zach. . frisin . l. . c. . fabian , part . ●● . c. . p , . amonius de gest . franc. p. . x hist . l. . p. . * though that of plinius secundus , panegyr . traiano dictus , p. . be true , quod aequiore animo ferunt homines quem princeps parum faliciter genuit quàm quem malè elegit . y part. l . ● , ● . z chron. tit . . c. . sect . . f. . a of christian subiection , par . p. . b fab. par . . c. . gaguin the gen. hist . of france . c fab. par . . c. ● . grimst . imper. hist . p. , . gaguin the gen. hist of france , turpin antoninus , munst . crespin , papyr . masson , and others . d fab. par . . c. . gaguin . gen. hist of france . e fab. par . . c. . gaguin . gen. hist . of france , herma-schedel , crispin and others . f fabian , p. . c. , , , . gaguin . turpin , general hist of france g fab. par . . c. . . gaguin . turpin , chron. chron , opmerus , crisp . gen. hist . fran. h fab pa. . c. , . gaguin the. gen. hist . of france . turpin theat . of honor , l. . c. . i fab. pa. . an. . p. . k fab. pa. . p. , , &c. gaguin . l fab. pa. . p. , . the gen. hist . of france . m fab. pa. . p. . . gaug . gen. hist . of france . n bodin . commonweal l. c. . p ● . see the generall hist. of france in his life . o fabian . part . . p. . , , . speeds hist . p. , ● , , , . halls chron. . h. . see the generall hist . of france , and gaguinus in the life of iohn . q fabian . part . . p. , to . gaguinus , the generall hist . of france , in the life of this philip and king iohn . * note this . * so it hath been conceived by some , the king by law might do this in england but sir edward cooke in his institutes on magna charta . f. . to ● . hath largely proved the contrary ; that the king by his prerogative and proclamation cannot alter , enhanse or abase his coyne , but in and by the parliament onely , because it is contrary to sundry statutes , it is the sinues and life of trade , and every mans estate consists in it , and so all have a common interest therein , which cannot be altered out by common consent in parliament . q fabian part . ● . p , , , . generall hist . of france , gaguin , and others . r fabin . part . p . see p. , , , , &c. ● , , , , , . walsingham , hist . angl. p. , . ſ fabian . part . . p. . , , , , , . the generall hist . of france , gaguin . and others in his life . t fabian . ibid. generall hist . of france , p. , , . u chron. . & . . h. . x hist p. . to . y fabian . part . . p. , , . generall hist . of france , holingshed . fabian , walsinghan , grafton , hall. z fabian , part . . p. , . generall , hist . of france , hall , holinshed . speed. a fabian , part . . p. , , , . generall hist . of france . b fabian . part . . p. , , , . c phili. de com. l. . c. . c phili. de com. l. . c. . note . note . d gen. hist . of france . p. . . e gen. hist . of france . p. . to . grimst . imper. hist . p. , . * note . f matthew paris , p. , . g the generall hist . of france , p. ●● . to . note c generall hist . of france , , &c. & richardus din●thus de bello civili gallico religionis causa suscepto . l. , , , . speeds hist . , . k. iames answer to cardinall peron . i gen. hist . of france . p. . fox acts and mon vol. . p. , edit . ult . k gen. hist . of france , p. . l generall hist . of france , p. , &c. m gen. hist . of france , p. , . * mounsieur daubern . n the generall hist . of france , p. , , . o gen. hist . of france , p. , , , , , , ● , , , , , , , , , to . p gen. hist . of france , p. . . q gen. hist . of france , p. , , , , , , . r gen. hist . of fr. p. , , . ſ gen. hist . france , p. . t the continuation of the life of lewes the thirteenth , p. . 〈◊〉 . u ibid. p. . . . . . . . . x ibid p. . . y ibid p. . to . z lib. . c. . p. . to . note . a continuation of the gen. hist . of france , p to . b ibid. p. . ● . c see the synopsis of his life . * catalogue gloriae mundi , pars . . consid . , . andrew favine theatre of honour , l . c. . see caemillus barellus de regis catholici praestantia , &c generall hist . of france , p ● . d see ioannis mariana de rege & regis , iustit . l. ● . c. . p. . hieron . blanca rerum arag comment . see concil . toletanum . . surius , con. t. . p ● . ● . e ioannis pistorius hispaniae illustratae tom. . leges wisigothorum , l. . c. p. . f iacobus valdesius de dignitate regum , regnorumque hispaia ▪ pars . . c. . p. . michael ritius de regibus hisp . l. . gen. hist . of spain , ●● . p. , . h 〈…〉 p. . . i lib. . de regum , instit . cap. . p. , &c. note . k de rege & regum instit . 〈◊〉 . c. . l the generall hist . of france , p. , , . m see doctor iohn white his defence of the way , c. . where their words are quoted for tyranny and misgovernment . the gen. hist . of france , p. , . , , , , , . o munst . cos . l. c. . p. . roderici arc●●●p . toletani de rebus hisp . l . . l. . c. , . gen. hist . of spa. p rodericus toletanus de rebus hisp . l. . c. . q roder. tol. l. ● . c. , . munst . cos . l. . c , . gen. hist . of spain . l. . r munsterii cosmogr . l . c . p . gen. hist . of spain . ſ censurae in f. ioseph teixerae libelli● c. . to . de vera regum portugalium geneologia , lib. in the . tom. of ioannis pistorius hispaniae illustratae . t liv. . p● . ioannis mariana , de rebus hisp . l. . c. . . see procopius , vand. . aimon● l. . c. . l. . c. . v gen hist . of spain , l. p ● . , , , , ● ro●an hist . hisp . pars . in their lives , ioan mariana de rebus hisp . l. . & . x gen. hist . of spain , l. p. . . rod. sanct . hist . hisp . pars . c. . . y gen. hist . of spain , l. . p. z gen. hist . of spain , l. p concil . toletanum . c. . suris concil . tom. ● p. . a surius concil . tom. p. . mariana de reb. hisp . 〈…〉 . b surius concil . tom . p. . mariana de rebus hisp . l. . c. . c gen. hist . of spain , l. ● . p. roder. san . hist hisp . par . . c. . surius concil . tom . . p. . mariana de rebus hisp . l. . c. , , . d sarius concil . p. ●● . mariana de reb. hisp . l. . c. . e generall hist . of spain . l. . p. . f gen. hist . of spain , l. . p. , . rod sanct. hist . hisp . pars . . c. mariana de rebus hisp . l. . c. . g gen. hist . of spain , l. . p. , , rod. sanctius , hist . hisp . pars . . c. . mariana de rebus , hisp . l. . c. , , . illustratae , h in iohannis pistorius , hisp . tom. . p. , . i surius concil . tom. . p. , . k 〈…〉 l. ● . c. . p. . and l. . 〈◊〉 p . * proco● vand. 〈…〉 c. . l. . c . grotius de enc. belli , l. . c. . sect. ● . l gen. hist of spain , l p. , , , , , . ma●●ana de 〈◊〉 his● . l. . m 〈…〉 l. . p. n gen. hist . of l. . p. . . mariana de rebus hi●p l. . c. . * ioan vasael hisp chron. an . p. . o ●en . hist . ●f spain , l. ● . p. . mariana de rebus hisp . l. . c. . . p de rebus hisp . l. . c. . q lib. ● . p. r gen. hist . of spain , l. . p. ſ gen. hist . of spain , l. . p. . t hyeron . blancae arogen . rerum . com. in sanct. . p. . gen. hist. of spain , l. ● p. . v gen ●ist . l. . p. ● . to ioan mariana de rebus hisp . l. ● . c. . rod. sanct . hist . hisp . pars . c . x gen. hist . of spain , l. . p ● to . rod. sancti hist hisp pars . c. . mariana de reb. hisp ▪ l. . c. . y gen. hist . of spa. l. . p. . to . . , . gen. hist . of spain , l . p. . mariana de reb. hisp . l. . c. . a gen. hist of spain , l. . p. , . l. . p. , . . . , , . ( b ) gen. hist . of spain . p. , , , . c gen. hist . of spain , l . p. . d gen. hist . of spain , l. . p. . . e gen. hist . of spain , l. . p. , . f gen. hist . of spain , l. . p. . g gen. hist . of spain , l. p. , , . h gen. hist of spain , l. . p. , . i gen. hist . of spain , l. . p. 〈◊〉 . , . k gen. hist . of spain , l. . p. , . l gen. hist . of spain , l. . p. . to . m hieron . blanca . rer. arragon . com. p. ● . gen. hist . of spain , l. . p. , , . * rerum arragonens . comment . in pet. . p. ● . n gen. hist . of spain , l , . p. . hyeron . blanca arrag . rerum com. in apph. . p. , . o gen. hist . of spain , l. . p. , . p gen. hist . of spain , l. . p. to . q gen hist . of spain , l. . & . passim . r gen hist. of spain , l. . p. , , . ſ gen. hist . of spain , l. . p. . , . t gen. hist . of spain , l. . p. . . l. p. , . r gen. hist of spain , l. . p. , . x gen. hist . of spain , l. p. . y gen. hist . of spain , l. . p . l. . p. . * which you may read at large , gen hist . of spaine , l. . p. z gen. hist . of spain , l. . p. . a gen hist . of spain , l . p. , , , , . to . dr beards theatre of gods iudgements . marian● and others . b gen. hist of spain , l. . p. . c gen. hist . of spain , l. . p. to . * see mr. soldens titles of honour , part . chap. . pag. . to . b lib. . c. 〈◊〉 . l. . c. ● . c 〈…〉 belli & pa●is , l. c . sect . p. . ( d ) vandal . . grotius , ibid. e 〈…〉 . goth. . f excerpt . dionis , & grotius . de iure be●li . l. . c. . ad notata sect . . p. . g paulus wiarnafred l. . & . h ammiannus lib. . loan cus 〈◊〉 i ioan , leo li. k generall history of spain l. . to . passim . m solinus l . grotius de iure belli l c. . sect . . p n tacitus de mor. germ grotius ibid. dionis . hal l. & . * si contra fora● a●t libertates reg●u●● a sepren●i in futurum contingeret , alium sive fidelem , sive in●ide●em regem ad sciscendum 〈…〉 reg●o aditus , 〈◊〉 r see ioannis de laet hispan . deser . p c. . p. . ſ pag. , , , , to . t quaest . . p. , . ( v ) franco . gal . c. . p. . . de iure magist . in subditos , p. , . * see mr. seldens titles of hon. par . . c. . sect . . p. . to . v common-weal , l. ● . c. ● . l. c. . x rerum vnga●ica●um scriptores , nicho●●us ●sthuan●●● de ●ebus vngarie . hist . l. ● p , . ●od . n. de reg. l. . c. . 〈◊〉 ; decades rerum vngar carum , mun●t cosmog . l c. . . respub & slatus hungariae , an. . de i●re m●gist . 〈◊〉 subditos . z iohn de th●●recz . hungar. chron. c. ● , p. . a see grimstons imperiall history , p. chytraeut chron. saxoniae . b grimston imp. hist . p. . . c grim. p. d grim. p. . e saxagr●uma ●icus danicae hist . l. p. f see bartholdus fontanus bohemiaepiae l. . . & pauli geschinii majestas caroli●●● . f pauli stransbii . respub . bohemiae c. . sect. . . p. . . . g munst . cosm . l. c. . . burcholdus pontanus bohemiae piae . l. . . * gen. hist . of spain . l. . p. . h paulus strans . repub. ●ohem . c. . de principibus regibusque 〈◊〉 . h 〈◊〉 pontanus qua . * see aeneas silvius hist . bohem fox acts and monuments vol. p . to . pontanus bohemiae piae , l. . . i grimstons imperial hist . p. . k grimstons imperiall hist . p. . . m page . to . n pauli strankii resp . bohem . c. . . , . o see munst . cosmog . l. . c. . . . p munst . cosm . l c . . martinus chrom●rus de rebus polonorum . heylius geeg . ● 〈…〉 q david chytraus , chron. sax. l. . p. . . . grimstons imperiall history . p. . . ſ chytraeus chron. sax. l. . p. . . l. . p. . . & l. . & p. . . t chytraeus chron sax l. . . . grimst . imp. hist . p. . . t part . p. , henricus ranzovius , comment . bellicus . l. . c. . v common-weal . l. . . . l. . c. . x danicae . hist . chytr : chron : saxoniae , munsteri cosmogr . l. . c. , , , to . iohannis magnus , hermoldi chron. slavorum , io , isac . pontanus rerum danicorum , hist . y chytr . chr. sax. l. . . p. . to , , . olaus magnus , lib. . c. p. . de iure magist in sub p. ● . bucanon de iure regni apud scotos . or beards theatre of gods iudgements . l. . c. . p , ● . z chron , sax. l , , ● , , to , note . the oath of the king of sueden : nota. * cosmog . lib. . cap. , , . * gul. neubrig . lib. . cap. . * cosmog . lib. . cap , , , , . heyl. geogr. pag , . chytraeus chron. sax. hermold . chron. slauorum . ioannis magnus hist . goth. swedorumque . guagn . compen . & chron. * chyt . chron. saxo-lib . . pag. . * chyt . chron. saxo. lib. , . p. , , , , , , &c. * heyl. georgr . pag. . * munst . cosm . lib. . cap. . * munst . cosm . lib. . cap. . * mach. hist . heyl. geogr. p. , . * heyl geogr. p. , . generall h●st . of spaine , lib. p. . * ioan 〈…〉 leglise , pag. . the venecian history . * com. lib. . c. . pag. . * distinct. . quest . . art. . qu. . * polit. lib. . cap. , . * variae hist . * p. , , , , , , , , . * see io. maior hist . buchanan . rerum scot. l. . p. , . h●cter bectius ae rebus scoticis fordon . his scoti . chrocicum polychronicon & fabian ; mattheus westminster . holinsheds history of scotland . h buchanan , l. . p. , , , , . notable dissimulation . * bu●han ▪ l. . p. , , , , , , . grafto● , part . p. , , part . . p. , , , , , , . k buch. l. . p. . . . . ● . graft . part p. . . grafton part . . ● . . . . . buch l. p. . ● . . l. . p. ●● . ● . ● , . . . . &c. . . m buch. l. . p. . to . heyl●●s g●●gr . ● . . . n 〈…〉 . p. ● . 〈…〉 ●abian holin . sp●ed , graft . daniel in the life of k. edw. the . walsingham ●podigma p. . a buchanan l. . . . . p. . . &c. . . b buchanan l. . p. . to . . to . heylin p. . c buch. l. . to the end of . holin . chytr . chron. saxor . l. . p. . . . speed , in the life of queen mary , and queene elizabeth cambdens elizabeth , and others . see knocks his history of scotland . g rerum . scot. hist . l. . . . . . . r rerum scot. l. . p. . . a dan. . . to . * see cunaeus de repub. heb. l . c. . * ius . regium heb. * see steph. iunius brutus , vindic. contra tyranno● , q. . p. . ● . . de iure magistr . in subditos . p. . . b sam . , , to . c sam. . , . to . d sa● . , , , . e sam. . 〈◊〉 * sam. . . to . f sam. . . to . g king. . . to . h chron. . . c. . , , , . c. . , . i chron. c. . & . k chron. . . to . l chron. . . king. . . m king. . chron. c. . v. . n antiq. iud. l. . c. . n antiq. iud. l. . c. . p king. . . to . q king. . , , , to . r king. . chron. . . & . iese●●us antiq iud. l. . c. . ſ chron. . . c. . . king. . . , . t king. . ● chron. . : v king. . . chro. . . x chron. . . king . . . * dee iure magistratus in subditos : & iunius brutus vindicia contr . tyrannos qu. . . . passim . . * see 〈◊〉 brutus vindic. contr. tyran . qu. . . p. . to . , , . where this is largely manifested ; & de iure magistratus in s●bditos qu. . p. . , . a antiqu. 〈…〉 . b explanat . artic. . tom. . f. . c true difference between christian subiection , &c. part . . p. , . d part. p. . e sam. ● . , . f sam. . , , , , , . g sam. ▪ to . h sam. . . to . ps . . to . king. . . i chro. c. . & . & . 〈◊〉 de repub . hebr. l. . c. . . ioseph . antiq. iud l. & . paul eber . lestate de la. religion & repub du peopl . iudaeique . k kin. . . chron. & . l king. c. . & . m king. . . to . n ●ing . . . c. . , to . n king. c. ● . to . o king. . . to . p king. 〈◊〉 . . c. . . . q king c. . & . r king. . . ſ kings c. , to . t kin. ● . v king . . to . x king . . . y chron. z chron. . a chro. . . to . b chro. . c chron. . d chron. . king. & . & . e kin. . , ● . chron. ● . c. . . . c. . . chron. . , to . f deut. . . to ● . iosh . , to . chr. . to . sam. . . to ● . chr c. , & , chr. . . . . g chr. . . to ● . h chr. c. . & . . i chr. . . king. . . . k chr. . c. . . to . c. . . l chr. . . . . . m ezra . . n nehem. . . . . , to . o deut . & . p iosh . . . to . q iudg. , & . r chr. . . ſ king. . . chro. , , , , . t de iure in magistratus in subditos , p . to . v explanatio artic . & lib. . epist . zuing & oecol . f. . x vindiciae contra tyrannos , quaest . . p. to . y page . to . z instit . l. . ● . . sect . . a the true difference , &c. part . . p. , . * so sam. . , . david being like to be slain by ishbi●enoh the gyant whom abisha● slew . the men of david sware to him ●●ying thou shalt go no more out with us to battell , that thou quench not the light of 〈◊〉 . * chron. . , to . k chron. . ● . . c the third part of the true difference between christian subiection , &c. p. . . d antiqu. iud. l. . c. . d cunaeus de repub. heb. . . c. . p. . . ▪ e explani● artic. . tom oper. tiguri , . f. , . f quaest . . p. , to . g chro. . . h chr. . . i sam. . k chron. . . l neh. . . m ier. . n ier. . & . q iun. bru●us vindic. contr. tyrannos qu. . p. , . albericus gentilis de iure belli , l. . c. . p. . r ps . . , . ps . . . ps . throughout . ſ sam. . . t king. . . . chron. . v chron. . . x chron. . . to . ezra . . &c. neh. . . c. . . to the end . y isay . . c. . . c. . . sam. . . ezek. . , . z isay ● . . c. . , . zeph. . mich. . . to . ezek. . . to . isa . . . to . object . . a com. in ps . . & epist . ad rusticam . b in psal . . c in psal . . d grotius de iure belli & pacis , l. . c. . sect . . p. , . answ . e sam. . . chron. . . deut. . . . ezek. . . . f prov. . . cor. . . g see grotius de iure belli , l. . . . s . . marius salamonius de principatulib . rebuf praesat . ad rubr de collationibus , p. . h in ps . . marlorat . mollerus , musculus , calvin , bredenbachus , brentius bucunus , brero , bugenbag . fernerius , haymo , gualter , rolloc , savanoerola , scultetus , gilbert cognatus , westhemerus , zegodinus wolfg. seberius in psal . . i rom. . . . . c. . . c. . . c. . . cer. . . ioh. . . k sam. . . to . m psal . . psal . . , . l sam. . & . , . n see de iure magistratus in su●di●os p. , . o isay . . rom. . . . p sam. . psa . . , , . q hugo grotius de iure belli & pacisl . . c. sect . . p. . object . answ . . ſ antiqu. iud. l . c. . . t sam . ps . . . pro. . isay . . . chron . . v exod. : . deut. . . x king. . to ● . y antiqu. iud. l. . c. . . observ . . z pet. . . a part. . p. , . b part . p. , to . c herod . l. . cicero , l. . offic. d livius , l. . * see here , par . . p. . to . e analas cilly . observ . . f num. , , . g peneg . tr●ian . di●tus . * barclay l. . adver . monarc . c. . l. . c. . . quoted by grotius . h vindiciae contr. tyranne . printed . quaest . . p. . . to . i gen. . . k dan. . . l dan . . * hotemani france gallia , ● . . m gen. . and . * har. p. . . n esther ● . o arist. polit. l. . c. . & . . c. . p herodian . l. . in orat maximi & albini 〈◊〉 milites . q speculum ●axonicum . r aimenius , l. . c. . in carolo caluo . see h●lomani franco gall●a , c. , , . &c. ſ p. filius . sam . inst . quibus mod . in p●triae pol. solvitur . t re●atus , chappinus . v aimonius . x caesar , l. . & . de bello gallico . note . note . note . y l. proponebatur , - . d. de ● iud. ciis , l. qui res suas . paragr . ult . de solat●on ●inter stipul . parag . sacram. d. de verbor , oblig . vlpian . de reg. iuris , l. . observ . . a in his speech in parl. in his works , p c. b a collection , &c. p. , . and elsewhere . e l. c. . l. . c. . f l. . c. . g c. . to . h see cooks epist . to the . report . & calvins case . i par . . & . k fox act. & mon. edit . . in one vol. p. . * from henry the eight and his councell . g ponet . p. lit . government , p. . dolman . p. . and others . h plinius . panegyr . traiano , d●ct eccardus , de lege regia . i in phil●●●rato , l. . & eccardus de lege regia . k dionys . hall car . l. . eccardus de lege regia iunius brutus p. . observ . . l ioannis maior distinct . . qu . lau. bochellus decreta eccles . gall. l tit. . c. . p. . m vindicae contra tyrannos qu . p. , , . innocentius ad regen . tarrat . in c. quando de iure i●●ando . observ . . observ . . * see henricus eocerus lib. . le duello , c. . that the civill law concerning iusts , is contrary , yet the canon law prohibiting iusts , upon pain of excommunication , accords with the common law. observ . . n part. . p. . part . . p. ● to . o rom. . f. . ●● . and transc● in m. seldens titles of honour , first part. chap. . p. , . p l●bene a zenone c. dequad . praest . l. vivis , de quaest . mag. l. c. l. fiscus d●de iure fisci . l. cum servis ● . to ult . d. de leg. ● . l vniversi x. l. seq . c de sundo patrimon . rom. . pliny , l. . c. . archid. in can. si quis romipetas & peregr . . qu. . baldus in c. . sect . commen . de paceiure infir . l. . d. ne quid in loco pub . viarum l. magis puto d. de rebus ●orum . iuvenal . king. . & . postellus l , . de rep. t●r. gen. . sleiden , l. . & ●ulla aurea . l. . & passim , c de com. rev. alienat . nauclerus in chron. gen. . c. intellecto de inreiurando in decret . polydor virgil. in cod hispan . par . . consent . . papon ar. stor . l. . tit. . art . . paragr . . & . legis regiae latae . . aimoi &c. aimoi . l. ● . c. . l. petr. . par●g . praed●umi . d. de oy . . an. . ● . 〈◊〉 . ares●is curiae . ● . paulus aemil. l. . an. , , , , , , . an . an. , & . an. . mons●re●et c. . l. liber homo . d. de verbo . obligat . l si emp. . § . d. de contra empil●pe-c . de oper . libert . an lex sit regni usis fructuarius ? mon●retus in carolo . ex concil . valent . in c. de his quae finit . a prelatis absque cons capit . florus l. livy l. . tacitus l. . volaterum , lib. greg . king c. . chron. c. ● . l. . paragr●ius rei d. de administ . rer ad cui . part . . lut●r . d. de admin . tutor . l. fi fundum . ●arag . fi tutor d. depositi & express . extrauag . dere iudicat c. intellecto . l. & passim c. de interdict com●er , alien . * part. . p. . to . observ . . q part. . p. . to ● . deut . sa. ● . . sam. ● . . chron. . . king. . . & . chron. . . king. . . xenoph. lib pa. xenophon . de repub. lacedaem . dionys . hallicar . lib. . see ec●ardus de lege regia & m●rius salamonius de principatu l. . where this law is recorded . speculum sa●on , l. . art . . see descript . coronations maximiliani imper an. . in rerum germ. scrip . tom. p. . sleidan , l. . c. . ſ see pontifical . romanum romae . f. . . mr. seldens titles of hon. par . . c. . p. . to . t see bochellus decreta eccles . gallicanae l. tit . c. . & mr. seldens titles of hon. par . . ch . p. ● . to . see hot●mani franco-gallia c. . . . * de iure magist . in subditos , , , . see the french hist . in his life . ( * ) bodin com. ma●w . l. ● . c. ● . p. . . in annal. burg. in concil tol. . c. . & tol. . l. feud . tit . . par . . la ioyeuse en●●r . ludovic . guic. l. . d de pact . l. non minorem . d de transact . lib. . feudor . . . § . a. tit . . * dionys . hal. l. pag. . . cor . . cic. . offic● ▪ see meteranus 〈…〉 . l. . the edict of the generall estates declaring the king of spaine to be fallen from the seigniory of the netherlands . see meteranus and others . note . the forme of the oath of abjuration of the king of spaine . observ . . * de jure magistratus in subd●to . p. ● . ●● . hugo grotius de 〈…〉 l. . c. 〈◊〉 p . * 〈…〉 . * part . p. ● . to . a euseb . lib. . vita constan . & ecclesist . hist. l. . . . scorat . scholast . hist . l. . sozomon . niceph. ca●l . eccles . hist l . c. . . . . . grimston eutropius zonara sabellicus valate●anus in the lives of constantine maximinus and maxentius . * operum . aut verpiae . . tom. . s . . * valerius maxim . l. . c. . not● . in trastat . de tyranno , & in tract . de reg . civit. * bartolus tract . de guelphis & gibell a●g . l. . §. cum igitur d. de vi & viar . thom. aquinas in . ae qu. . art. . in fine l. . d. ad leg . iul. magist . ci● . ●arid . l. . d. de reg iur. vlp. l. . d. de adm . & peric . tut. & curat . l. . d. eodem . l. . d. de admin . & peric . tut . l . de suspect . tut . & cur . l. . & . d. de admin . & peric . tutor . & curat . judg. . chron. & . august . l. . . de civit. dei. c. . * see hotoman . francogallia . c. . to . ●●●issard . l. . c. . & seq● . a●t . de but. consil . quod positum inter consil . paul. de castro vol antiqu . nu . in cip . viso puncto . martini . laudensis in tract . de cardin in . qu. . phil. de iniquodam consilio , cujus verba faerunt andr. barbar . in d. cons . . l. ● . c. . bald. in l. olim. col . peri. de res●ri . in decretal . bonifac . de mai. & obed . plato . l. . & . de repub. l. . & l. omne delictum . sect. ult d. de re milit . c. nullus in carthagin . concil . doctores pontificii . l. . d. de administ & peric . tutor . & cur . l. . d. desuspect . tut . & curat . maccab. lib. . c. . v. . justin . l. . diodor. l. . c. . l. . c. de seditiosis . l. i. l. . d. de autor . & consil . tutor . & curat . seneca l. . de benefic . john ● . . eccles . . object . . a chassanaeus in confuetud . burg. rebuffus ad constit . reg. tom. . & bonefic . art . . bodin . de repub . l. . c. . b part. . p. . to . c rom. . , , , , , . prov. . . . d part. . p. . . e eph. . . cor. . . c. . . cor. . . c. . . tim. . . f ragister . par● . f. . . . . . . . . . . . . pars ● . . , . . , . pars . f . . . . . . . fitz. nat. bre. . g willielmus dei gratia eliensis episc . &c. mattheus pars. p. . h proaem . relect. in leg . taurin . . object . . * see mr. seldens titles of honour , part . . c. . sect . . i part. . p. . to . k part. . p. . . 〈◊〉 cun●us de republ . hebrae . l. . c. . pontif. & ceremoniale romanum . l ad tit. de s●at ho● . l. . m de imp qu. . & . n de potest . regia . part . . sect. . o moral . justit . pars . l. c. . p catalogus gloriae mundi , p . consid . . q see mr. seldens titles of honour , part . . c. . sect. . . t titles of honour , part . . c. . sect. . v see selden , ibid. p. . . x decreta eccles . gal. lib . tit. . c. . , , , , . mr. selden ibid. p. . . y ibid p. , , . z tho. walsingham . in initio , h. . see selden . ibid. p. . a titles of honour , part . c. sect. . b de republ. hebrae . l. . c. * rerum anglicarum , l. . c. . see saxo grammaticus dan. hist . l. . p. ● chronico jacebi con●shanti , & germaniae historicorum . tom. . p. , , . * interest of princes . vindiciae contr . t●rannes , qu. . ● . . &c. ● chron. c. . king . ▪ chron. . . . & . sozom. l. . c. 〈◊〉 numb . . josh . . deut. . . judg. . sam. . . amo● . judg. . ● . s●● . . numb . . matth. . august . in psal . . ambr. l. . de offic gratian in decret . ●icero l. & . offic. 〈◊〉 . sic. ● . . c. . thucyd. ● . . object . answ . pompon de reglur deg . . cic. . offic. cic lib. . offic. joan. avent . in anal. boyorum . * see speed & cam●dens history of queen eliz. metormus and grimstons histories of the netherlands . the noble acts of prince maurice of nass●u and the bils of subsidies in qu. eliz. king james , & king charles his reigne . * tim. . . a letter to his excellency the lord general monck this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason . [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing s thomason . [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) a letter to his excellency the lord general monck albemarle, george monck, duke of, - . sheet ([ ] p.) [s.n.], london : printed in the year. . [i.e. ] signed: your servant and honorer t.s. complaining of the proceedings of the rump. annotation on thomason copy: "feb. ." reproduction of the original in the british library. eng england and wales. -- parliament -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason . [ ]). civilwar no a letter to his excellency the lord general monck. albemarle, george monck, duke of a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - pip willcox sampled and proofread - pip willcox text and markup reviewed and edited - pfs batch review (qc) and xml conversion a letter to his excellency the lord general monck . my lord , amongst the throng of persons that crowd to tell their grievances , and to beg your relief , as an english-man i cannot be unconcern'd , nor you in justice refuse to hear me : i do not intend to trouble you with a long series of the unhappy war , your own experience in that is able to inform you ; but onely to give you some little accompt faithfully of what hath happen'd since lambert's last interrupting that which so daringly assumes the name of a parliament , with more impudence than justice , with more madness than merit : when lambert had by violence forc'd the members from sitting in the house , and as indiscreetly left them at liberty , you were then the onely person who might visibly restore them , then they look'd upon you as their redeemer , which you really were . having now once more by your favour gras'pd a power which they believ'd they should not out-live , to secure themselves as well from you as others , they commanded you up , and under a pretence of taking you into an administration of affairs with them , in stead of a general which you were in the north , and his excellency , they made you a single commissioner , the last of foure ; and lest that number , whereof three were a quorum , should not ballance you , they added another ; so that you must be over-awed in vote , and submit to those who never yet durst openly make you their enemy , and are unfit to be your friends . when they saw ( with eyes full of malice and jealousie ) how your whole march was but one entire triumph , and that all persons , of all conditions , ages , and sexes , met you , either to unbosome themselves and tell their miseries , and pray your help ; or , give you the acclamations due to a blood-less victory ; they now thought you too great and too good to live , and were preparing your herse and cypress , while you brought them the olive-branch of peace : first , to try you , they offered you an oath , which i think no sober conscientious person will take , it being in effect but to bind up the hand of providence , and to set ones face against that power , which ( for ought we know ) may intend us for our good , or punishment , what we so much fear ; and to either we ought quietly to submit . this not taking , they endevoured , first to render you odious , that they might more easily destroy you , and send you unpityed to your grave and scorn'd , robbing you first of that which should have sweetly preserv'd your name to posterity , your honour : to effect this , they commanded you to go with your army into the city , and there to imprison their members , break down their gates , port-cullises , chains and posts , and whatsoever look'd like a fence for that freedome hath so long been theirs ; what an angry and sad face you saw the city wear for that action , you know : nor would their malice to your fame have ended here , for you were to assist at the horrid murthering of some citizens and common-council men , whom they intended to hang at their own dores , in terror to the rest ; when this was done , you were to disarm them , and to level their walls to the ground , and to have found in their ruines your own : for , when by these accursed actions they had fix'd an odium upon you , then were you to fall a sacrifice to their ambition , whom nothing can satisfie but the tyranny over three nations at once , and from a deliverer become a victim : your prudence wisely foresaw this , and finding how odious they endevoured to make you , and how closely they had contriv'd your ruine , you put a stop to their horrid designes , and by countenancing the city in their equitable desires , have rais'd in all such an admiration , and for your self so great a stock of glory , as you cannot , but by some strange act of indiscretion , forfeit or lose ; you cannot but take notice to what a strange height of joy that good action rais'd every sober person , and if you wanted inclinations in your own soul to do us good , you might be lighted to them by those fires which were kindled for your triumph that night , and would ( had you gone on ) in all probability , have prov'd your funeral pile , few days after . you have fairly began our deliverance , leave it not here , for your safety and our good are so link'd together and alli'd , that neither can fall singly : you have by an act of honour and justice exasperated a party against you , whose principles are damnable , whose spirits are implacable ; by the one they pretend and believe , by a strange kind of saintship , a title to all our lives and fortunes , and that they were by grace born our heirs ; by the other they have in them so great a thirst after revenge , like italians , they kill with a smile ; and however they may for safety seem friends , are never to be atton'd ; how hardly they forget and pardon injuries , the late northern expedition will manifest ; for when the officers of lambert's army by an early defection and submission thought to preserve their places , though the first did their business without a blow strook , yet not one of forty was continued in his command ; and if they urge their mercy to lambert , 't is not their clemency but necessity , hoping by his interest among the fanatiques , to ballance , or countermand and check your power : nor is there any thing so sacred that can bind them , they having violated all covenants and oaths , and it is to be beleiv'd , press others to do the like , that they may make others as hateful and abominable as themselves ; in this imitating their master the devil , who is watchful and industrious for our damnation , for envy and company : besides , my lord , you have provok'd them , by fixing upon them a character in your speech , which the whole body of our language cannot equal , and they can never forgive or forget , for it will live as long as the name of rump , that spawn'd them . having thus deservedly made them your enemies , it is too late to make them your friends , nor can they expect it ; and unless you will be so imprudent as to cast off the love and protection of all sober persons , and betake your self to a villanous , accursed , hated , deformed monster of confusion , which your self have condemned and branded with an eternal mark of infamy , you cannot own or act with them , or for them : you gave them a fair time to perform your just desires , which they have slighted , and forfeited your protection ; if you stand by them any longer , you put your hand to your owne destruction , to farther it ; and your delay , which is all they ask , is but the basis of your ruine ; you may see by their favourable censure of lambert what they intend ; and you know who were last week in consultation , and what party he was to head : your ignorance cannot , your courage will not , let not your irresolution destroy you and the three nations ; on you depends their hopes , frustrate them not , lest you fall with them , and suffer not this insulting dragons taile of tyranny to oppress us longer ; you have a glorious opportunity put by providence into your hands to make your self great and safe , beloved of good men , and terrible to the bad , lose it not by delaying ; that ( when your name is read in the number of those deliverers whom fame and truth have faithfully committed to posterity ) you may be remembred with joy and honour in after generations : but , if on the contrary , your patient but dangerous expecting from these tyrants a settlement , make you lose the glory of so brave an action , you will assuredly fall with our hopes , unpityed , accursed , and with your own , conclude the three nations tragoedy . your servant and honorer t. s. london , printed in the year . . by the king, a proclamation for reforming the abuses in making of gold and siluer threed within this realme and for the inhibiting the importation thereof, from the parts beyond the seas. england and wales. sovereign ( - : james i) approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a stc estc s ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) by the king, a proclamation for reforming the abuses in making of gold and siluer threed within this realme and for the inhibiting the importation thereof, from the parts beyond the seas. england and wales. sovereign ( - : james i) james i, king of england, - . , [ ] p. by bonham norton and iohn bill, deputies and assignes of robert barker ..., imprinted at london : m. dc. xvii [ ] caption title. "giuen at white-hall the two and twentieth day of march, in the fifteenth yeere of our reigne ..."--p. [ ]. imprint from colophon. reproduction of original in the henry e. huntington library and art gallery. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng precious metals -- law and legislation -- great britain. proclamations -- great britain. great britain -- history -- james i, - . great britain -- politics and government -- - . - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion honi soit qvi mal y pense royal blazon or coat of arms ¶ by the king. ❧ a proclamation for reforming the abuses in making of gold and siluer threed within this realme , and for the inhibiting the importation thereof , from the parts beyond the seas . iames by the grace of god , king of england , scotland , france , and ireland , defender of the faith , &c. to all to whom these presents shall come , greeting . where wee haue alwayes helde it one of the most necessary cares and considerations , incident to the state and office of kings and soueraigne princes , so to dispose of their people and gouernement , as the knowledge and vse of good and profitable arts and inuentions , may become common and frequent among their people , the same being one of the greatest meanes to increase and preserue the wealth and strength of state and people ; considering that labour and industry well imployed , maketh kingdomes great and flourishing . and forasmuch as some of our good and louing subiects of our realme of england haue of late , to their great charge , brought into this our kingdome , and haue herein by their great industry erected and perfectly established the arte and mysterie of making gold and siluer threed , a feate or manifacture , formerly vsed or made in forraine parts beyond the seas , and by strangers and others from thence transported and brought , as a commoditie of great vse , into this our kingdome of england , wherein they haue so well and commendably proceeded , as that they are now able to make sufficient store of gold and siluer threed , to serue for the vse and expence of our whole kingdome . and whereas , a matter of so great consequence , and wherein so many of our people should be interessed , both in the making and vse therof , may well be iudged more fit for us to take into our hands , then to leaue the same to the power and dispose of priuate men ; and aswell to preuent the abuses which may bee offered to us and our subiects , by the counterfeiting of the said gold and siluer threed , as likewise for the preseruation of bullion within this our kingdome , wee haue caused this our whole worke to be taken into our possession , for the generall good and benefit of our people and louing subiects , and haue also prouided and taken sufficient order that our louing subiects in all parts , shall not at any time want conuenient quantitie of the said gold and siluer threed for their vse , but shal also be serued of it at reasonable prises : and that such as are skilfull in the working and spinning thereof , shall be imployed therein , if they faithfully and honestly performe the same , and at such rates and wages , as they whom wee specially shall licence thereunto shall thinke meete and conuenient : which care and good intention of us , hath of late beene greatly interrupted and opposed , not onely by the bringing into our said kingdomes and dominious great quantities of gold and siluer threed , from diuers parts beyond the seas , but also by the priuate working and making thereof in corners , by diuers strangers and others , contrary to our patent of priuiledge heretofore granted ; the same being no knowne nor continued trade within these our realmes ; howsoeuer diuers of the goldsmiths of london haue lately presumed and attempted to make the same parcell of their trade , by reason onely of some few experiments heretofore by them and others made , and by fittes onely , and for very small quantities of gold and siluer threed , whereby this so excellent an inuention thus brought into this our kingdome , is likely to be vtterly ouerthrowen , and our subiects much wronged by counterfeit and base gold and siluer threed , made and sold by the vnderhand workers , if the same by our care should not be prouided for , and speedily preuented : and albeit that by meanes of the gold and siluer threed , made and to be made within our said realmes , wee should receiue great hinderance in our customes and other dueties , formerly paide vnto us and our predecessors , kings and queenes of this realme of england , for and vpon that commodity imported , for which neuerthelesse wee haue taken order as farre as is conuenient : yet wee that in all our actions and proceedings haue our eye of grace rather vpon the flourishing estate of our kingdomes , and the comfort of our people , then vpon our profit , haue resolued to prefer the estate & good of our kingdom , before the precise cōsideration of our own benefit , rather then to interrupt or ouerthrow so excellent a worke , and effect of our care and princely pollicie for the welfafe of our subiects . these are therefore to require and command all and singular person and persons whatsoeuer , as well our naturall borne subiects as denizens , or strangers , that none of them , nor any other person or persons whatsoeuer , ( other then such as wee shall giue speciall licence thereunto ; and such as they shall set on worke ) doe at any time or times hereafter attempt or presume to make any gold or siluer threed , or copper gold and siluer threed within our said realmes and dominions , vpon paine of forfeiture of all and euery quantitie and quantities , parcell or parcels of such gold and siluer threed , and copper gold and siluer threed , so made in our said realmes and dominions contrary to this our present commandement , and also vpon paine of our high indignation and displeasure , and such further paines , penalties , and punishments , as for the contempt of our commandement royall in this behalfe , may any way bee inflicted vpon them or any of them so offending , contrary to the true intent and meaning herein signified . and whereas by a statute made in the fourth yeere of the late king henry the seuenth , it was ordained and enacted , that no finer of gold and siluer , nor parter of the same by fire or water , from thenceforth should alay no fine siluer nor gold , nor none sell in any otherwise , nor to any person or persons , but only to officers of mints , changes , & goldsmithes within this realme , for the augmentation and amendment of coine and plate ; nor sell to no person any maner of siluer , molten and alaied , vpon pain of forfeiture of the same , or the value of the gold or siluer so alayed or sould . and that no goldsmith within this realme should melt or alay any fine siluer , to , or for any workes of other intent , but onely for making of amels , or for amending of plate , nor that they should sell no fine siluer , nor other siluer alayed , molten into masse to any person or persons whatsoeuer they bee , nor one goldsmith to another , vpon paine of forfeiture of the same siluer , or value thereof . wee therefore for the better execution of our said will and pleasure , and preseruation of our bullion within this our kingdome , do further straitly charge & command , that no goldsmith or goldsmithes , finer or finers , parter or parters of gold and siluer within our said dominions , shall for their vse or benefit , vses or benefittes , fine , part , or cause to bee fined or parted any gold or siluer , or prouide or cause to bee prouided any gold or siluer , and the same vtter and sell or otherwise dispose to any person or persons whatsoeuer , whereby to make or cause to be made the said gold and siluer threed , except to such person and persons , as we shall license to make the same to our vse ; and that the said goldsmith or goldsmithes , finer or finers , parter or parters or any of them , or any for them or to their vse or vses , shall not prouide , vtter , sell , or deliuer any gold or siluer at all to any person or persons whatsoeuer , without taking speciall notice of the names and habitations of such person and persons , as shall buy , receaue , or haue any such gold or siluer of them , to the end it may appeare to us , to what vse and vses the same gold and siluer shall bee imployed , vpon paine of forfeiture of all such gold and siluer , and of vndergoing our high indignation and displeasure , with such further paines and punishments , as for the same their defaults , may any wayes bee inflicted vpon them and euery of them , in this behalfe offending . and we doe further straitly charge and command all and singuler person and persons whatsoeuer , within our said realmes and dominions , that they nor any of them do , or shal at any time or times hereafter make , erect , set vp , mend , or vse any frame , engine , instrument , mill or toole whatsoeuer , for the drawing , flatting , milling and spinning of gold and siluer threed , or of copper gold and siluer threed , or for the drawing or flatting , of wyer to the ende to make the same , without the lycence of us , or such as we in that behalfe shal specially appoint , vpon the paines & penalties before expressed : nor that any person or persons whatsoeuer shall prouid or sell , or cause to bee prouided , or sould any silke to be throwen or made fitting for the making or spinning of gold or siluer threed , or of copper gold and siluer threed , except to such person and persons as we shal license to make the same to our vse , vpon the like pains and penalties before mentioned . and that no person or persons whatsoeuer after the twentieth day of april next comming , shall attempt or presume to bring in , or cause to be brought into our said realmes , and dominions thereof , or to any of the ports , hauens , creeks , or places of any of them , any gold or siluer threed , or any copper gold and siluer threed , made or to be made in any forreine place or places whatsoeuer , vpon paine of forfeiture of all such gold and siluer threed , and of all such copper gold and siluer threed , so brought in , or caused to bee brought into any of our sayd dominions , contrary to our said commandement . all which said gold and siluer threed , and copper gold and siluer threed , brought in and forfeited as aforesayd , our will and pleasure is that such person or persons as shall make seizure of the same , shall forthwith bring and conuey the same to the storehouse , within our custome-house , in our city of london . and after such person and persons shall haue made such seizure , of such forfeited gold and siluer threed , and copper gold and siluer threed , and brought the same to our custome-house as aforesaid , then our will and pleasure is that hee or they after due appraisement thereof , by the sworne praisers for such purposes , shall receiue the moitie of the value of such gold and siluer threed , and copper gold and siluer threed , so seized and brought in , as aforesayd , vpon paine of imprisonment , and such other punishment as shall be fitt to be inflicted for the breach of this our royall commandement . and our further wil and pleasure is that no person or persons whatsoeuer , after the twentieth day of aprill next comming , shall buy , receiue , vtter or sell any gold or siluer threed , or copper gold or siluer threed , made in the parts beyond the seas , or made or to be made within any of our sayd dominions , but onely such gold and siluer threed , and copper gold and siluer threed , as shal be first sealed with our seale , already appointed for that vse , by such person or persons as shal be by us in that behalfe , especially nominated or appointed . and wee doe hereby further charge and command all customers and collectors of our customes , comptrolers , farmers and their deputies , that after the twentieth day of aprill next , they take no entrie , nor receiue any custome or subsidy of any gold and siluer threed , or for copper gold or siluer threed , to bee imported from the parts beyond the seas into this our realme of england , or the dominions thereof : and for the better execution of this our present will and commandement , wee doe straitly charge and command all iustices of peace , maiors , bayliffes , sheriffes , constables , headborowes , tithingmen , and all other our officers , ministers and louing subiects , to whom it shall or may appertaine , from time to time , to bee aiding and assisting to all such person and persons as wee shall lawfully , from time to time authorize , for the searching , seazing , taking , or carrying away of all such gold or siluer threed , and copper gold and siluer threed , imported , wrought , or made , within this our realme and dominions , contrary to our pleasure herein expressed . giuen at white-hall the two and twentieth day of march , in the fifteenth yeere of our reigne of england , france , and ireland , and of scotland the one and fiftieth . s ❧ god saue the king. ¶ imprinted at london by bonham norton and iohn bill , deputies and assignes of robert barker , printer to the kings most excellent maiestie . anno m. dc . xvii . the parallel, or, an account of the growth of knavery under the pretext of arbitrary government and popery with some observations upon a pamphlet entitled an account of the growth of popery etc. l'estrange, roger, sir, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing l estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the parallel, or, an account of the growth of knavery under the pretext of arbitrary government and popery with some observations upon a pamphlet entitled an account of the growth of popery etc. l'estrange, roger, sir, - . [ ], p. printed for henry brome, london : . attributed by wing to roger l'estrange. reproduction of original in the bodleian library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng marvell, andrew, - . -- account of the growth of popery. popish plot, . great britain -- politics and government -- - . - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - judith siefring sampled and proofread - judith siefring text and markup reviewed and edited - pfs batch review (qc) and xml conversion the parallel or , an an account of the growth of knavery , under the pretext of arbitrary government and popery . with some observations upon a pamphlet entitled , an account of the growth of popery , etc. london , printed for henry brome at the gun in s. pauls church-yard , . to the reader . there came forth about two years since , a couple of seditious pamphlets in quarto ; the one , just upon the heel of the other : the former was entitled , an account of the growth of popery and arbitrary government in england , &c. which was followed by a seasonable argument to perswade all the grand juries in england , &c. the latter being only an abstract and explication of the designe of the other . this parallel was in the same year printed and published by way of reflection upon the aforesaid libles , with references to the pages of that edition ; and the controversy should have rested there , if the authour had not found himself honestly oblig'd to reprint the reply ; the other side having reviv'd the occasion of it , since the death of andrew marvell , by a posthumous impression , with his name at length to it . there was at that time no mention or thought of the plot ; and a man may see with half an eye that his buzzing so much about the matter of religion , was only to make the sedition go down the better . for the main drift and bent of his discourse is only the paring of the kings nails , clipping the wings of his prerogative , advancing a pretended soveraignty in the people , and cutting his majesty off from the most essential privileges of all government , defaming his administration , and furnishing the world with cases and expedients how a subject may kill his prince with a good conscience . now if a body should speculate upon the reasons of re-publishing mr. marvells pamphlet at this time , it would make the preface longer then the book , to recount them . first , there is money to be got by it , and that 's five and fifty reasons in one . secondly , the writing or publishing of a libell , is lookt upon by some to be the high-way to preferment , as a prick-ear'd anabaptist said t' other day , about the appeal from the country to the city ; 't is a nationall quarel ( says he ) and the nation will stand by me in 't . thirdly , as the designe gets ground , so it gathers confidence ; and that which in . would have been worth two or three hundred pound to the discoverer , may be worth twice as much now in . to the publisher and printer . there may be a fourth end in it , to canonize mr. marvell ( now in his grave ) if not for a saint , yet for a prophet , in shewing how pat the popish plot falls out to his conjecture ; and that he sees further into a millstone then another man : and why may not the replicant as well be taken for a prophet , that foretold the growth of fanaticism , as well as he did the growth of popery , and upon as good grounds too ? dr. don in his ignatius's conclave , makes ignatius to be so indu'd with the devil , that he was able to possess the very devil himself . now whether the fanaticks bring on the jesuits plot , or the jesuits the fanaticks , by counterpossessing one another , is not a farthing matter : but that the devil and his dam are now at work in the shape of angels of light , to destroy our sacred soveraign , the church of england , and the civil government , there is no more doubt to be made , then that if it were not for the hope of another world , a man had better be hang'd out of the way , then be honest in this . if the malevolent intent of the book it self were not so gross and manifest , that a man may run and reade it , we could produce several other instances of the same temper that fell from the same pen , and spake the man as much an enemy to the monarchy of england as to the ministers : and it is no wonder , that the secretary to a common-wealth should write with the spirit of a re-publican : but we shall spare his memory in that particular , and only tell the reader in one word more , that tho' the many turns of state that have hapned since mr. marvells account of the growth of popery and arbitrary government came first abroad ; have laid the book open to further confutation and censure ; we shall yet take no advantage of those events , but leave this following discourse to shift for it self , naked and unlick'd , as it came first into the world . the paralel , or an account of the growth of knavery , &c. sir , to give you my opinion freely of the two libels that you sent me , methinks the design of them lies too open to do much mischief ; for i never saw so bare-fac'd an araignment of the government , and all the parts of it : king , lords , commons , iudges , ministers of state ; they are all of them made conspirators , against the sovereign multitude , forsooth ; and when the libeller has done with the body of the commons , he gives you a defamatory list of betwixt two and three hundred of their members , provoking and abusing all sober interests ; insomuch , that he has left himself nothing to trust to , but the contemplation of a general tumult , which is the very point he drives at in his appeal to the rabble . the man , i confess , is a great master of vvords ; but then his talent is that which the lord st. albans calls matter of wonder without worthiness ; being rather the suppleness and address of a tumbler , than the force and vigor of a man of business . and you cannot but observe too , that his excursions , many of them , are unmannerly and vulgar , and fitter for the stage of a merry-andrew , or a iack-pudding , than for a paper of state. you would have me guess at the author ; and you might as well bid me tell you the right father of a child by a common strumpet : but i think i may call him legion , for they are many ; and there 's a club to his pen , as well as to his pocket . this i dare assure you , that the author of a letter from a parliament-man to his friend in the country , concerning the proceedings of the house of commons , &c. in . is very particularly acquainted with the author of an accompt of the growth of popery , and arbitrary government , &c. and the seasonable argument , &c. that follow'd it , in . the pretence of the former pamphlet is exhibited in the title of it : viz , an account of the growth of popery , and arbitrary government in england : and more particularly from november , to iuly . upon these nineteen months the composer has bestow'd precisely nineteen sheets of paper , and laid himself out most wonderfully in his politicks and conceits , for the better grace and relish of the discourse : but the malignity of it is so rank , that there 's scarce a page where the poyson has not eaten quite thorough the vernish , and discover'd the spring and malice of the design . view it narrowly , and you shall find the pique to be as well personal as seditious , and the vvork only of some mercenary pen to serve his principall's animosity , as well as his ambition . for a man may see with half an eye , how he aggravates , or extenuates ; disparages or commends , reflects upon , or passes over , as well actions , as men , according to the various aspects of affections or parties ; and without any regard to the pulse or truth of publick proceedings . by his vein of improving the invective humour , it looks in some places as if he were transprosing the first painter ; only he has chang'd his battery , which is a property peculiar to his party , constantly to hate those that are uppermost . i was once a thinking to write a just reply upon the whole relation , and to lay open the falshood of many passage in it , in matter of fact ; the partiality of it in others ; how perverted , and misapply'd it is throughout ; and to shew what gapp● , and maimes the compiler of it has left in the story , purposely to divert the reader from minding the coherence of actions , and the reasonable congruity of counsels , and affairs : vvhat uncharitable and illogical inferences he has drawn from matters as remote as tenterdon steeple from being the cause of goodwin sands . this was the method i had propounded to my self , but upon second thoughts i quitted it , for these reasons . first , it would have been ' too tedious ; for i must in honesty have printed the libel as well as the reply , which in proportion would have amounted to near forty sheets of paper . secondly , it would have been superfluous ; for part of my business being the vindication of truth from calumny : i find the thing already done to my hand , in the common sentence that is passed upon it for a lew'd and shameless imposture . and thirdly , the author himself , you see , has upon better consideration reduc'd his pamphlet of sheets , into another of three , as a more compendious exposition of his meaning : i speak of that libel which you sent me , under the name of a seasonal le argument to perswade all the grand iuries in england to petition for a new parliament ; or á list of the principal labourers in the great design of popery , and arbitrary power , &c. so that my task is only to make good in my discourse the paralel that i promis'd you in my title , and then to pass some remarks upon the scope , and venome of the pamphlets themselves . now to the end that you may not take the libels here in question for originals , let me assure you that these notable pieces are neither better , nor worse , than the old declarations of , and only turn'd , and new trim'd ; the contrivance , the positions , and the drift the very same ; and upon the whole matter , there is so near a resemblance betwixt them , that one egg is not liker another . if you would have a full history of the faction , you may read it at large in bancroft's dangerous positions or h●ylin's aerius redivivus . but my purpose is principally to compare the project of . with that of . and . and by tracing the foot-steps of that rebellion , from the undeniable fact of things passed , to gather some probable conjecture at things to come . to begin my paralel with the alarm of popery , and arbitrary government in , take notice that it was likewise the pretext and the very foundation of the rebellion in . a malignant and pernicious design ( says the remonstrance of december . . ) of subverting the fundamental laws , and principles of government , upon which the religion and iustice of this kingdom is firmly establish'd . husband's collections , p. , and in the same page he tells us of such counsellers and courtiers , as for private ends have engag'd themselves to further the interest of some foreign princes or states , to the prejudice of his majesty and the state at home , which counsellers , and courtiers of those days , are now translated into french pensioners and conspirators in . but if you would see the reformers in their colours , read the declaration , and protestation of the lords and commons in parliament ( as they stile it ) to the kingdom , and to the whole world , where , beside the horrid invocation of almighty god to countenance the juggle , the whole stress of the quarrel is laid upon the kings being popishly inclin'd ; and the war founded upon that execrable cheat. the kings counsels , and resolutions ( say they ) are so engag'd to the popish party , for the suppression and extirpation of the true religion , that all hopes of peace and protection are excluded ; and that it is fully intended to give satisfaction to the papists , by alteration of religion &c. and a little further they say that the king endeavour'd to keep off all iealousies and suspicions , by many fearful oaths and imprecations of maintaining the protestant religion . but what were all their stories of popish plots , intercepted letters , dark conspiracies , but only artifices to gull the credulous and silly vulgar ? for the king was so far from being popishly affected , that never any prince purg'd himself of an imputation , by two more credible and dreadful solemnities : the first , publickly upon the sacrament in christ-church oxon. ; and afterward , at his death upon the scaffold . now see the harmony betwixt those remonstrants , and our libeller in his growth of popery . there has now for divers years , says he , a design been carried on to change the lawful government of england into an absolute tyranny , and to convert the establish'd protestant religion into down-right popery . p. . he begins in the method of the remonstrants with a general charge upon ill ministers , and he shall advance with them too , next step , to an attaque upon the king himself . and not a pin matter what is said on either side to the contrary . it is true , ( says the growth of popery p. . ) that by his majesty and the churches care , under god's special providence , the conspiracy hath received frequent disappointments , &c. and do not the remonstrants on the other side say as much for the late king ? that his majesty indeed had past more bills to the ▪ advantage of the subject , than had been in many ages , pag. . but how comes our libeller to be so kind to the church all on a sodain ? from whose pen there never fell any thing yet but poyson upon that subject . can any thing be kinder than the remonstrants were to the late king ( pag. ▪ ) where they promised to support his royal estate with honour , and plenty at home ; with power , and reputation abroad : and by their loyal affections , obedience , and service , to lay a sure and lasting foundation of the greatness and prosperity of his majesty and his royal posterity after him . but what do you think rather of the pretended loyalty of these people afterwards , even in the state of an actual rebellion ? p. . we the lords and commons in this present parliament assembled , do in the presence of almighty god , for the satisfaction of our consciences , and the discharge of that great trust which lies upon us , make this protestation and declaration to this kingdom and nation , and to the whole world , that no private passion , or respect , no evil intention to his majesties person , no design to the prejudice of his just honour , and authority , engag'd us to raise forces , and take up arms against the authors of this war , wherewith the kingdom is now enflam'd . and does not our libeller follow the remonstrants in their hypocrisy too ? this book ( says he , p. . ) though of an extraordinary nature , as the case requir'd , and however it may be calumniated by interressed persons , was written with no other intent , than of meer fidelity , and service to his majesty ; and god forbid that it should have any other effect , than that the mouth of all iniquity , and flatterers may be stopped , and that his majesty having discerned the disease , may with his healing touch apply the remedy : for so far is the relator himself from any sinister surmize against his majesty , or from suggesting it to others , &c. the pamphlet , i confess , is , as he calls it , a book of an extraordinary nature ; but why does he say , as the case requir'd ? where 's the importance of it ; unless he means , that it was the very nick of time for him to embroyl the nation : and for the interessed persons , who ( he says ) may calumniate it ; they are only the king and his ministers , who are all of them the subject of his scoptical and malevolent satyre . of his intent , we shall speak hereafter . this is not the first time that we have heard of words smoother than oyl , which yet are very swords . it is the very stile that brought the late king to the block ; and the saviour of the world was betray'd by a hail master , and a / kiss . it is the very crown of the paralel betwixt , and . now to proceed : what was the old remonstrance , but a spiteful and invidious misrepresentation of the state of the kingdom , under the notion of declaring common grievances ? ( for his majesty's healing touch too no doubt ) and is not that also the very aim , and profession of these two libels ? what is the publication of this same scandalous list , but the old trick over again , of posting those members for staffordians , that would not consent to the death of the earl of strafford ? and is not their tampering of the grand juries to petition for a new parliament , the old practice reviv'd of drawing and folliciting petitions against grievances of their own framing ; and menaging affairs of state by tumults ? would not our remonstratour of , rather than his life , be at the old sport again , with a kennel of brutes at his heels , in full cry , with no bishops , no popish lords , no evil counsellors , no rotten members , no porters lodge ; and at last , no king too , which was the very fact in consequence , upon this method . so soon as the remonstrants ( those sons of 〈◊〉 ) had laid open their father's nakedness , with a malicious aggravation of all errours and misfortunes , ( beside falshoods innumerable ) to irritate the multitude against their superiours ; their next art was to draw that party to themselves , which they had now detached from the government ; with an oh! that we were made judges in israel ! boasting what wonderful things they had the● upon the anvil for the publick good ; and not forgetting to arrogate all those acts to themselves , which his majesty had passed of his proper grace and bounty . other things ( say they , p. . ) of main importance for the good of this kingdom , are in proposition ; as the establishing and ordering the king's revenues , that so the abuse of officers , and superfluity of expences may be cut off , and the necessary disbursements for his majesty's honour , the defence and government of the kingdom , may be mor● certainly provided for : the regulating of courts of iustice , and abridging both the delays and charges of law-suits , &c. see now if our reformer of . does not fish with the very same bait. the house of commons ) says he , p. . ) took up again such publick bills as they had on foot in their former sitting , and others that might either remedy present , or prevent future mischief : as the bill for habeas corpus ; that against sending men prisoners beyond seas ; that against raising of many without the consent of parliament ; that against papists sitting in either house , &c. the libels in sine of , are so exact a counterpart of the others of , that two tallies do not strike truer : and undoubtedly such a correspondence in method , cannot be without some conformity also of design . there needs no other argument to prove the late rebellion to have been originally a conspiracy against the government , than the proportion that appears betwixt the means , and the end ; and the orderly connexion of proper causes and regular effects . for it was a perfect train of artifice , hypocrisie and imposture , from one end of it to the other . the confederacy was form'd in a cabal of scotch and english presbyterians ; as appears not only from their correspondent practices in both nations ; but from his late majesties charge against the five members ; and likewise from the care that was taken upon his majesties restauration to date the english act of indemnity from the beginning of the scotch tumults ( jan. . . ) which was three years before the meeting of the long parliament in november . the two ministers that stood in the gap betwixt the conspiracy , and the government , ( and who were only cut off , as appear'd by the sequel , to clear the passage to the king himself ) were the earl of strafford , and arch-bishop laud : so that their first attaque was upon the earl , and their next upon the archbishop , under the notion of evil counsellors ; and upon the common charge of popery , and arbitrary proceeding , their impeachments were carried on by tumults , and these brave men were rather baited to death by beasts , than sentenc'd with any colour of law , or justice : and as they liv'd , so they dy'd , the resolute assertors of the english monarchy and religion : the earl of strafford in may ; but the archbishop was kept languishing in the tower , till ian. . and their crime was not in truth , their being men of arbitrary principles themselves , but for being the opposers of those principles in others . as the remonstrants in ● , for want of papists , in practice , and profession , directed their spleen against the kings ministers , only as persons popishly affected , ( which in time came to be most injuriously apply'd to his majesty , and his whole party ) just so does our libeller in . were these conspirators ( says he ) but avow'd papists , they were the more honest , the less dangerous , and their religion were answerable for the errours they might commit in order to promote it : but these are men ( says he , in the next pag. ) obliged by all the most sacred ties of malice and ambition , to advance the ruine of the king and kingdom ; and qualify'd much better than others , under the name of good protestants , to effect it . as who shauld say ; popery is to be brought in by some that pass for good protestants . ( as rebellion and tyranny were brought in by the remonstrants , under the profession of loyalty and duty to their country . ) a very compendious way of making every man , that will not be a traytor , a papist . for who can say what any man is , or what he is not , in his heart ? from his majesty's yielding in the business of the earl of strafford , the faction took their measures how to deal with him in other cases ; and never left , till by gradual encroachments , and approaches , they first stript him of his friends ; secondly , of his royal authority ; thirdly , of his revenue ; and lastly , of his life . whereas , had but this pious and unfortunate king follow'd the advice of his royal father to prince henry , he might upon cheaper terms have preserv'd himself , and his three kingdoms . take heed , ( says king iames ) to such puritans ; very pests in the church , and common-weal , whom no deserts can oblige ; neither oaths , or promises bind . breathing nothing but sedition , and calumnies , and making their own imaginations ( without any warrant of the word ) the square of their conscience . i protest before the great god , ( and since i am here as upon my testament , it is no place for me to ly in ) that ye shall never find with any highlands or border-thieves , greater ingratitude , and more lyes , and vile perjuries than with these phanatick spirits . king iames his works , p. , and . upon the ripping up of publick grievances , it was but matter of course to follow their complaints with petitions for redress ; and the good king , on the other hand , to heap coals of fire upon their heads , deny'd them nothing : but the two first bills that his majesty pass'd were fatal to him : that for the attainder of the earl of strafford , and the other for the continuance of the parliament . they complain'd of the star-chamber ; high commission court ; ship-moneys ; forrest-laws ; stannary-courts ; tonnage , and poundage , &c. and had every point for the asking : nay and as'an instance of his good faith and meaning , his majesty took some of their principals even into his very council . but so soon as he had parted with so much , as almost put it into their power to take the rest , they began then to think of setting up for themselves ( see his majesties declaration of august . . ) and nothing but a thorough reformation they said would ever do the work. now see the gradation . first , the people must be alarm'd with the noise of tyranny , and popery ; and the evil counsellors must be remov'd that are said , not prov'd , to stand that was inclin'd . his majesty must be humbly petition'd by both houses to employ such counsellors , ambassadours , and other ministers , in managing his business at home , and abroad , as the parliament may have cause to conside in , &c. nay , it may often fall out , they say , that the commons may have just cause to take exceptions at some men for being counsellors , and yet not charge those men with crimes ; for there be grounds of diffidence , which lie not in proof ; there are others which though they may be prov'd yet are not legally criminal ; to be a known favourer of papists , or to have been very forward in defending or countenancing some great offenders questioned in parliament , &c. so that at first dash all the king's officers are but tenants at the will of the faction . the next step is , to fill the places of those whom they cast out , with ministers , and officers of their own chusing ; as well privy counsellors , as iudges . as in the propositions of ian. . . wherein they demand , the translation of the power of chusing great officers , and ministers of state , from the king to the two houses . secondly , all matters of sate in the interval of parliaments to be debated , and concluded by a council so chosen , and in number not above , nor under ; and no publick act esteem'd of any validity , as proceeding from the royal authority , vnless it be done by the advice and consent of the major part of that covncil ; attested under their hands , and these also sworn to the sence of both houses . thirdly the lords , and commons must be intrusted with the militia . fourthly , his majesty may appoint , but the two houses , or the council ( in such manner as afore-said ) must approve of all governours of forts and castles . lastly , no peers hereafter made , must sit , or vote in parliament , unless admitted thereunto by the consent of both bouses . by this time the plot is ripe for a rebellion ; they levy war , impose oaths , seize the revenues of the church and crown ; kill , plunder , and emprison , their fellow-subjects ; depose and murther their sovereign , under a form of publick iustice ; by these means advancing themselvs into that arbitrary power which they pretended to fear ; over-turning the government , under the colour of a zeal to support it : and instead of setting us right in our religious and civil liberties , they left us neither church nor law , nor king , nor parliament , nor properties , nor freedoms . behold the blessed reformation ; and remember that the outcries against tyranny , popery , and evil counsellors , were the foundation of it . what was their covenant , but a blind to their designs ? a popular sacrament of religious disobedience ; and only a mark of discrimination who were against the king , and who for him ? nay , in the very contemplation of their purpose , they knew before-hand , that there was no gaining of their point , but by rapine , sacrilege , perjury , treason , and bloud after these notorious violations of faith , honour , humanity , and religion ; to the common destruction of prince , government , and people , and all upon the same bottom with our late libels ; what can this underminer of parliamenns , what can our geneva-faux find to say for himself ? is not mercury as good poyson in , as it was in ? do we not strike fire the same way now , that we did then ? and may not a spark in the gun-room do as much mischief this year , as it did thirty , or forty years ago ? are not the people as much tinder now as they were formerly ? and as apt to take ill impressions ? what if the same method should work the same confusion over again ? or in truth , what is there else to be expected ? for the same cause acting at liberty , must eternally produce the same effect . there 's no chance-medley , or misadventure in the case ; but the thing is manifestly done with prepense malice and on set purpose to embroyl the state : as upon examination of the matter will undeniably appear . you cannot but take notice , that the author of the growth of popery , does upon the main , principally labour these two things . first , to insinuate that the king is in some cases accomptable to his people . ( of which hereafter ) and secondly , to provoke the people , by suggesting that their souls , and their liberties are at stake , to make use of that power . from the former proposition he passes into a florid and elaborate declamation againg pop̄ery ; and when he has wrought up the figure to a height , to make it terrible and odious , his next business is to tell the people , that this gobling is coming in among them , and to possess the multitude with the apprehension of a form'd conspiracy against our religion and government : and this too , under the countenance of an historical deduction of affairs ; but with the faith of a iesuitical legend ; wherein all the kings ministers are in general terms branded for conspirators . his hand being now in , he is resolv'd to go thorough-stitch , and nothing scapes him that falls in his way : he makes the house of lords ( p. . ) to be felon of it self ; and ( p. . ) non compos ; arraigning their proceedings in several cases with boldness and contempt . but he makes a great deal bolder yet with the house of commons ; he divides them into three parts . it is too notorious to be conceal'd ( says he , p. . ) that near a third part of the house , have beneficial offices under his majesty in the privy council , the army , the navy , the law , the houshold , the revenue both in england , and ireland , or in attendance upon his majesties person . upon this exception , he expounds himself , that ' t is to be fear'd , their gratitude to their master , with their own interest , may tempt them beyond their obligation to the publick . what can be more audacious than this charge upon king , lords , and commons , in the face of a sitting parliament ? he says that it is too notorious to be conceal'd &c. and where 's the crime , or the shame , i beseech you , for an officer of the kings , to be a member of the house of commons ? as if he that has an office , and he that has none , had not both of them the same master ; or that a man might not as well be a knave without an office , as with it . this was the complaint also of , against officers , till the complainants had gotten those offices themselves , and then all was quiet . this is only a slyer way of declaring the king's servants enemies to the kingdom , and erecting an opposition betwixt the common and inseparable interests of his majesty , and his subjects . beside that , the same reason would reach to the excluding of the king's servants from any other trust in the government , as well as from that of a member in the house of commons ; and his majesties favour should at that rate incapacitate any man for publick business . if the libeller had open'd his mouth a little wider , he would have told us in plain english , that there are three , or four of oliver's old servants out of office , and that the king is strangely over-seen to bestow his boons upon a company of fellows that never had any hand in the bringing of him to the crown , by the murther of his father , as they did . but yet he is content upon some terms , that they may be admitted , provided that they do not croud into the house in numbers beyond modesty , ( pag. . ) which may seem to be some amends for the rascalls he made of them the very page before . suppose ( says he ) that the question concerning this prorogation , were by the custom of parliaments to be justify'd , ( which hath not been done hitherto ) yet who that desires to maintain the reputation of an honest man , would not have laid hold upon so plausible an occasion , to break company , when it was grown so scandalous ? and then he assigns the matter of scandal . for it is too notorious ( says he ) to be conceal'd , that near a third part of the house have beneficial offices under his majesty , &c. here 's a great deal of business done in one period . first , he pronounces this parliament void , and consequently all their proceedings to be nullities . secondly ; he will not allow any man to be honest , that right or wrong would not improve the opportunity of breaking this parliament . thirdly , he makes the house of commons to be scandalous company , and scandalous for having beneficial offices under his majesty . the first time that ever i heard the king's bounty was a scandal to any man. but to my point . and yet ( says he , p. . ) these gentleman being full , and already in employment , are more good natur'd , and less dangerous to the publick , than those that are hungry , and out of office , who may by probable computation make another third part of this house of commons . and a while after , they are all of them , he says to be bought , and sold. and then he goes on ; ( p. . ) there is a third part still remaining , but as contrary in themselves , as light and darkness . these are either the worst , or the best of men ; the first are most profligate persons , &c. concluding ( p. . ) that it is less difficult to conceive how fire was first brought to light in the world , than how any thing good could ever be produc'd out of a house of commons so constituted . and ( p. . ) he calls them this house , or barn of commons ; treating the members accordingly . they list themselves ( says he ) into some court faction , and it is as well known among them to what lord each of them retain , as when formerly they wore coats and badges . and he has not done with them yet neither ; for nothing will do his jobb , but a final dissolution ; considering ( says he , pag. . ) how doubtful a foot this long parliament now stood upon by this long prorogation there could not have been a more legal , or however , no more wise , and honest a thing done , than for both the lords and commons to have separated themselves , &c. i could wish that he had not appeal'd from the legality of the thing , to the wisdom , and honesty of it : but however legal , or not legal , the thing is to be done : for he knows very well that so long as this house of commons continues in being , rebellion can never turn up trump again . but it was otherwise order'd , he says , and so he betakes himself to an experiment of tampering , all the grand iuries in england , to petition for a new parliament , upon the credit of his story concerning the corruptions of this . wherein by the foul reflections he has past upon many persons of known , and eminent example , for piety , integrity , and moderation , he has utterly disappointed the malice of his scandal upon the rest. it was well enough said , methought , by a worthy member of the house of commons ; do not you see - says he , how they have libell'd me in that damn'd list of the parliament-men ? one told him that he was mistaken , for his name was not in 't . why , that 's the business , says he , for 't is only a libel upon those that are left out . nay , rather then fail , he does as good as advise a downright insurrection , ( in these words , p. . ) it is now come to the fourth act ( says he ) and the next scene that opens may be rome , or paris , ( by the plot , it should be rather geneva , or edinburgh ) yet men sit by , like idle spectators , and still give mony toward their own tragedy . and why does he blame them for sitting by ? and like idle spectators ? unless he would have them enter into tumult , and action , a very fair encouragement to make men bestir themselves , and without more ceremony , lay violent hands upon the publick . good god! that ever such a creature as this should propound to himself by the dash of a pen , to move the foundations of the english government . from the parliament , he descends to the iudges . alas ! ( says he ) the wisdom and probity of the law went off , for the most part , with good sir mathew hales , and iustice is made a meer property . and then he raves upon the constant irregularities , and injustice from term to term , of those that administer the iudicature betwixt his majesty , and his people ( p. . ) this poysonous arrow ( meaning the choice of the judges ) strikes to the very heart of government , and could come from no quiver , but that of the conspirators . what french council , what standing forces , what parliamentary bribes , what national oaths , and all the other machinations of wicked men have not yet been able to effect , may be more compendiously acted by twelve iudges in scarlet ( p. . ) and is not this directly again ? when no iudges would serve the turn , but those that betray'd the people to slavery , and his sacred majesty to the scaffold ? he has another fling at the sheriffs . if any worthy person ( says he , p. . ) chance to carry the election , some mercenary or corrupt sheriff makes a double return ; and so the cause is handed to the committee of elections , &c. and truly he does not give either the king , or the monarchy of england , much better quarter than he allows the rest ; as you shall see by and by : so that nothing less than the thorough reformation of will do the work of . and the whole frame of the government must be unhing'd , to gratify the caprice of a pragmatical mal-content . the passion , and malice of the libeller is so evident , that he does half confess it himself , by an anticipation of the charge . the relator , ( says he , pag. . ) foresees that he shall on both hands be blam'd for pursuing this method . some on the one side will expect that the very persons should have been nam'd : whereas he only gives evidence to the fact , and leaves the malefactors to those that have power of enquiry . if he can but acquit himself on the other hand for writing the libel , as well as on this for not naming the persons , he will do well enough . for first ; it is not his business to prove , but to defame . secondly , the naming of particulars would have restrein'd the calumny : whereas his work is to wound all the kings ministers that faithfully adhere to their master in the generality of the scandal . thirdly ; he judges it sufer , and more expedient to amuse the multitude with iealousies that cannot be disprov'd , than point-blank to fasten upon particulars an accusation that cannot be prov'd . what does he mean by saying that he gives evidence to fact ? it is the first libel certainly that ever was given in evidence . but where 's the relator himself all this while , upon whose bare word , parliaments are to be-dissolv'd ; ministers of state arraign'd ; judges displac'd ; and the whole government new modell'd ? what if he should appear , and be found at last to have been one of oliver's cabal ? would any man desire a more competent witness for charles the second , than the martherer of charles the frst ? but he has been so us'd to call the king himself traytor , that he may be allow'd to call his friends conspirators . on the other hand ( says he pag. . ) some will represent this discourse ( as they do all books that tend to detect their conspiracy against his majesty , and kingdom ) as if it too were written against the government . for now of late , as soon as any man is gotten into publick employment by ill acts , and by worse continues it ; he , if it please the fates , is thenceforward the government , and by being criminal , pretends to be sacred . this is only crying whore first , to call those people conspirators , who are likely to censure him for a libeller : which with his learned leave , is but a course figure neither ; and runs much better in the common billinsgate of you are a knave your self to say that i am one : which in few words is all that 's in 't . for he does not offer so much as one syllable in his justification , but with another lash or two at the king's ministers , winds up his period . now of late , says , he , ( he means i suppose , since oliver went out of play ) as soon as any man is got into publick employment by ill acts , &c. he should do well to consider who governs , before he says that villany is the ready way to preferment ; he if it please the fates , is thenceforward the government , and by being criminal , pretends to be sacred . i answer that in the case of a publick , and legal accusation , the minister is not the government ; for the charge terminates in , and operates no further than his person ; but in the affront of a nameless , and indefinite libel , the king himself is wounded in a general reflection upon his ministers ; for it is his choice , and commission , not the officers misdemeanour , that is there in question : nor does he pretend to be sacred because he is criminal ; but the libeller ( who still writes after the remonstrance ) makes every thing criminal that is sacred , and gives the construction of rebellion to loyalty , and of loyalty to rebellion . but if there be not mischief in the very project of this libel , there 's nothing at all in 't ; for i cannot frame to my self the least colour or possibility of any other end. he says , it was his design indeed to give information , but not to turn informer . that is to say , he would set the people together by the ears , and no body should know who did it . now see the end he propounds . that those ( says the relator ) to whom he as only a publick enmity , no private animosity , might have the priviledge of states-men to repent at the last hour , and by one single action to expiate all their former misdemeanours . which is e'en as civil a way as a body would wish , of recommending a publick minister to his last prayer . it remains now to speak a word to the timing of his enterprize , which , in a wicked sence , is in truth the glory of it . i shall not need to speculate upon the power , and designs of france , the deplorable state of flanders , or the consequences that must inevitably reflect upon england in the loss of the spanish neitherlands : the matter being agreed upon at all hands , that an union of affections , counsels , and interests , was never more necessary to this nation than at this instant it is ; and that delay is death to us . this being given for granted , it is likewise as certain , that nothing under heaven , but the credit of this sitting parliament , and the blessing of a fair unnderstanding betwixt his majesty , and his two houses can preserve this kingdom , ( morally speaking ) from irreparable ruine . and yet this is the critical juncture that the libeller has made choice of , for the blasting both of the government , and the administration of it ; for the violent dissolution even of this most necessary parliament ; for the sowing of jealousies , and alienating the peoples hearts from their duty to their sovereign . let the world now judge betwixt the libeller , and the pretended conspiratours ; who are more probably the pensioners of france ; those that are only calumniated in the dark , and without any proof , or the least colour of it , or the calumniators themselves , ( i mean , the libeller and his adherents ) who are doing all that is possible toward the facilitating of the work of france , and the putting of england out of condition to defend it self . what is it , i beseech you , that can now support us in this exigent , but the wisdom , and reputation of a parliament ? which they are at this very instant , labouring to defame and dissolve : distracting and dividing the nation , at a time when our best union is little enough to preserve us ; and obstructing those parliamentary supplys , without which we must unavoidably perish : for it is to this session , that the libeller directs the mock of still giving money toward their own tragedy . but sure we are not so mad yet , as to take the subverters of our church and state , for the advocates of our religion and freedom . i would know in the next place , what any man can say to excuse his growth of popery , from being a daring , and a spightful libel against the king , and his government . and i shall begin with the liberties he takes with his majesty , sometime in direct terms , and otherwhile under the blind of the conspirators . speaking of the shutting up of the exchequer ( pag. . ) the crown ( says he ) made prize of the subject , and broke all faith , and contract at home , in order to the breaking of them abroad with more advantage . the copy has in this point outdone the original ; for the remonstrants were in arms , before they presum'd to word it at this audacious height . take it in the insolent representation of the fact ; the malicious construction and presumption of the inteut ; and to both these , add the sordid manner of reflecting upon an extraordinary thing done upon an extraordinary occasion , and wherein the subject has since receiv'd so ample , and generous satisfaction ; the clamour is so foul , as if an aegyptian plague were broken in upon us , and the frogs of geneva crept into the king's chambers . and 't is much at the same rate that he treats the king about his declaration of indulgence , ( pag. . ) hereby ( says he , ) all the penal laws against papists , for which former parliaments had given so many supplyes , and against non-conformists , for which this parliament had pay'd more largely , were at one instant suspended , in order to defrand the nation of all that religion , which they had so dearly purchased , &c. observe here how ungratefully he charges the design of this declaration to be the defrauding the nation of their religion ; which , on the contrary , was a manifest concession , only to gratifie the restless importunities of his own gang. and see what sport he makes , but five or six lines further , with the very reason of that law which he takes here so hainously to be suspended . it appears ( says he ) at the first sight , that men ought to enjoy the same propriety , and protection in their consciences , which they have in their lives , liberties , and estates : but that to take away these in penalty for the other , is meerly a more legal , and gentile way of padding upon the road of heaven ; and that it is onely for want of money , and for want of religion , that men take these desperate courses . now , by his favour , there is a great disparity betwixt a pretence to propriety , and protection in consciences , and a pretence to them , in lives , liberties , and estates ; for the latter are liable to violence , and may be taken away , but the other cannot . and now he talks of padding upon this road ; the remonstrants ( as i remember ) were very good at it , that drove away from their churches , . ministers of . within the walls of london . we 'll agree in the matter with him , that want of money , and want of religion will put men upon desperate courses ; for my charity perswades me , he would never have written these libels else . he is a little positive , methinks , in averring that a great lord lost his place for defending the protestant religion , ( pag. . ) but he has forgotten the statute of his own citing ( pag. . ) that makes it incapacity , for saying that the king is a papist , or an introducer of popery , and that it was the king himself that remov'd his lordship . and what do you think of his irony , ( pag. . ) where he says , that the parliament , by the conspirators good leave ; was admitted to sit again at the day appointed ? he tells us of another affair too , pag. ; which being transmitted to his majesty was easily chang'd into a court intrigue ; and ( pag. . ) that the conspiratours might so represent things to his majesty , as to incense him against the parliament , and distrusting all parliamentary advice , to take counsel from themselves , from france , and from necessity . in this disloyal and irreverent licence , he drops you a word or two now and then , before he is aware , against the king himself ; and other whiles , discharges his malice to the government , upon the heads of publick ministers . the subject matter of his complaint is a tendency of counfels , and actions towards tyranny , and popery . but the king ( says he , pag. . ( can do no wrong ; and so goes on , nor can he receive wrong . what is this , but a justification of all the violences that were acted upon the late king ; even to the very murther of him ; under that mortal , and treasonous distinction betwixt his authority , and his person ? and an allowance , that the same course may be taken with his royal successors ; the king can receive no wrong ; ( he says ) what does he mean by this ? is not his majesties breath in his nostrils ? is he not flesh and bloud ? is not his body lyable to wounds , distempers , emprisonment , and death ? he 'll tell you , yes ; but this is not the king , but the man , the person : but the king , all this while , that is to say , the authority , is sacred , and invulnerable . now for peace , and brevity sake , let us suppose that this charge of a popish , and arbitrary design , does neither intend nor reflect any imputation upon his majesty ; ( his religion , and his tenderness of nature being unquestionable ) it is yet a worse libel another way . worse ( i say ) both as to the drift , and to the scandal of it , by how much contempt is more dangerous to a prince , than hatred : for he employs his utmost skill to represent his majesty only passive in all his administrations , and so to lessen the indubitable fame of his royal prudence , and courage among his people . you see , sir , the freedom he takes with the king , and his ministers ; the next point will be to enquire how he stands affected to the government it self . the subjects ( says he , pag. . ) retain their proportion in the legislature . in which saying , he makes them partners of the sovereignty , and turns the monarchy of england into a tripartite and coordinate government ; which is as well destructive of parliaments , on the one hand , as of royalty , on the other . upon the admittance of this coordination , any two of the three may destroy the third : the two houses may destroy the king , and the king , with either of the houses , may destroy the other . which , if it be so , what prince that is imperial in the intervals , would ever hazard the dethroning of himself by a session ? the making of laws is a peculiar , and incommunicable priviledge of the supreme power , and the office of the two houses in this case is only consultive , or preparatory ; but the character of power rests in the final sanction , which is in the king : and effectually , the passing of a bill , is but the granting of a request : the two houses make the bill , 't is true , but the king makes the law ; and 't is the stamp , not the matter , that makes it current : nor does the subject any otherwise make laws , than the petitioner makes orders of council . it is a suspicious , and ill-looking passage that he has , pag. . as to matter of government , says he , if to murther the king , be ( as certainly it is ) a fact so horrid , ( he does not say how horrid ) how much more hainous is it to assassinate the kingdom ? here is first involv'd in this clause , the deposing position of , that the king is singulis major , universis minor : for it is clear that the comparison was only made to draw on the preference , and to possess the people that they have a greater prize at stake in the hazard of their religion , than in the tye of their civil obedience . ( the very translation still of . ) and for their further encouragement , he tells them ( pag. . ) that we have the same right ( modestly understood ) in our propriety , that the prince hath in his regality : which carries with it an innuendo , that the king may as well forfeit his crown , as the subject his free-hold . it cannot be imagin'd that all these leading and desperate hints should fall from a man of brains and sense , by chance ; and you see the whole tract takes the same biass . no king of england ( says he , pag. . ) had ever so great a treasure of his peoples affections , except what those ill men have ( as they have done all the rest ) consum'd ; whom , but out of an excess of love to his person , the kingdom would never ( for it never did formerly ) so long have suffer'd . here 's still the crocodile of ; nothing but love and reverence to his late majesty too , till his head was off . but let us reason the matter in a word . these ill men have no names , it seems ; so that any man that 's near the king , is by this libeller set up for a mark to the outrage of the people . and then he says , the kingdom would never have suffer'd them . who are they , i pray , that he calls the kingdom , but the rabble still of ; the execrable instruments of that rebellion , and the hopes of another ? but if the kingdom would not suffer it , what would he have them do to help themselves ? the law is open , in case of any legal impeachment , and 't is too early days yet for a tumult , in his descant upon the test , he is wonderfully free of his figures . never ( says he pag , ) was so much sence contain'd in so few words ; no conveyancer could ever in more compendious , or binding terms have drawn a dissetlement of the whole birth-right of england . this test has made a great noise , and it will be worth the while to examine what is said against it . the form of it is as follows , i , a b. do declare that it is not lawful upon any pretence whatsoever to take up arms against the king ; and that i do abhor that trayterous position of taking arms by his authority , against his person or against those that are commission'd by him in pursuance of such commission . and i do swear that i will not at any time endeavour the alteration of the government , either in church or state. so help me god. he says , pag . that it was thrown out of the house in the plague-year at oxford , for fear of a general infection of the vitals of this kingdom ; whereas in truth it was , brought into the house as an antidote against that poyson which had seiz'd the vitals of this kingdom already ; and amounts to no more than the unswearing of that on the behalf of the government , which had been formerly sworn for the destruction of it . the author of a letter from a person of quality , &c. calls it , p. . a state-master-piece , and design'd to these ends. first , to make a distinct party , from the rest of the nation , of the high episcopal man , and the old cavalier . now i took it rather to be a design of uniting all parties , under one common bond of duty , and obedience to the government : and where that could not be obtain'd , to distinguish who were for the government , and who against it ; for the late king was murther'd upon this very distinction betwixt his authority and his person . nor is there any government upon the face of the earth , without some obligation upon the subject , equivalent to this test. next , says he , they design to have the government of the church sworn to as unalterable , and so tacitely own'd to be of divine right . this , under favour , is a fallacy . the test does not concern it self whether the government be changeable , or not , but only provides that the state may be serv'd with magistrates and officers , that stand well affected to the establishment . those that do so , will never scruple the oath ; and for those that do not , it is the very intent of it to discriminate , and to exclude them : and to encounter the covenant , by virtue of which they dissolv'd the late government , with an oath never to endeavour any further alteration in this. and certainly , a man may better swear the maintaining of a government according to the law , than the alteration of it against law. thirdly , says the author of the letter , in requital to the crown , they declare the government absolute , and arbitrary , and allow monarchy , as well as episcopacy , to be jure divino , and not to be bounded , or limited by humane laws . how this test does either declare , or pretend the government to be absolute , and arbitrary , i cannot imagine : but on the contrary , every man is ty'd by it from endeavouring to make it so , if it be not so already , in swearing that he will not at any time endeavour the alteration of it . and then in his explication of the meaning of church , and state in the test , by monarchy , and episcopacy in his reflection upon it , he has done us a greater kindness than he was aware of ; for he has wholly disappointed the spight , and the intent of his next clause . and ( as he goes on ) to secure all this , they resolve to take away the power , and oppertunity of parliaments , to alter any thing in church or state , only leave them as an instrument to raise mony , and to pass such laws , as the court , and church shall have a mind to : the attempt of any other , how necessary soever , must be no less a crime than perjury . see now whether or no this be fair dealing . it is , by his own confession , the form of monarchy , and the order of episcopacy , the government it self , and not the administration of it , that is here in question . he would have it believ'd , that by this test , parliaments are barr'd upon pain of perjury from attempting any alteration in church or state : whereas they are left at liberty to debate what alterations they please in the parts of the government provided , they do not strike at the root of the government it self . and the deliberation and result of the whole matter , is no more than this. many of the people ( and all the principles ) are yet living , that destroy'd the king , and the bishops in the last rebellion ; let us have a care of the same hands again , and trust none of them in the government but under an oath , not to endeavour the alteration of it . that is to say , of the monarchy into a republique or of episcopacy into presbytery ; as they did before . and this was the clear scope of the test. the author of the growth of popery , discoursing upon this subject ; there is nothing ( says he , p. . ) more portentous and of worse omen , than when such an oath hangs over a nation like a new comet , foreboding the alteration of religion or government . a word first to the oath , which , for want of an epithete to express the hainousness of it ; the libeller so emphatically calls such an oath . it is an oath founded upon the same consideration with the oath of allegience , and directed to the same end ; and every jot as necessary under this king , as that was under his grand-father . the iesuited papists had invited the spaniard to invade england : the iesuited protestants in the late rebellion , did , in like manner , apply themselves to the french. the former laid a plot for the blowing up of the parliament : the other executed the plot of destroying parliaments , changing the government , and murthering the king. the people were misted in the one case , upon the iesuitical principle that a prince being excommunicate by the pope , the subject is discharg'd of his duty to him ; and they were seduc'd in the other , by a persuasion that the sacred character of a king rests in the authority , and is separable from the person ; which authority they lodg'd in the two houses , and so did their business . this practice of the iesuits occasion'd the oath of allegience in the statute iacobi , intitled an act for the discovering , and repressing of popish recusants . in which oath you have this clause . and i do further swear that i do from my heart detest and abjure , as impious and heretical , this damnable doctrine , and position , that princes which be excommunicated , or deprived by the pope , may be deposed , or murther'd by their subjects , or any other whatsoever . here was an act for the discovering and repressing of popish recusants , with an oath , under a penalty , and a declaration against , and an abhorrence of that impious position , whereupon the treasons of those times were founded : and why not a provision as well against those people that with premeditated malice , as well as ambition , over-turn'd the late government ; and against that principle , of dividing his majesties authority from his person , which was the countenance and support of the late rebellion ? take it in short , and the test is but a supplement to the oath of allegiance . the scottish faction impos'd upon the people that they might be true to the king , though they levy'd arms against his person : and the end of this oath is only to expound that position to be treasonous , and to secure the government for the future against men of such principles : according to equity and conscience , and to the common practice , and according to the prudence of all well order'd states . is this the oath now that he calls such an oath ? the oath , than which there is nothing more portentous , and of worse omen to a nation ? he has forgotten the fore-boding , and portentous omens of forty one , and the dire events of those presages what do you think of a deliberate design , to spoil the crown , the church , and the subject : and all this in the name of god , for the honour of the king , and the good of the people ? and then the entitling of providence to all the advantages that the faction got by the ruine of three kingdoms ? here 's the unrepented guilt of sacriledge , treason , and bloud , to the highest degree , and so transcendent an ingratitude , that some of the very men that were pardon'd for one rebellion , are now the advocates for another . if these practises should be suffer'd , there would be no need to consult the stars for a prognostick of change of government . the oaths ( says he , pag. . ) in our late king's time taught the phanaticks , because they could not swear , yet to covenant . his memory fails him , i perceive , for the covenant was a foot in scotland before any oaths complain'd of here ; by the token that the assembly at glasgow , in , came to this resolution upon the point . it is lawful for subjects to covenant and combine , without the king , and enter into a bond of mutual defence against him . take notice next that the oath commplain'd of , was the oath ex officio , which oath was abolish'd , before any covenanting in england : and he is so much out again , in saying that the phanaticks covenanted , &c. because they could not swear , that in truth , they covenanted because they car'd not what they swore . witness their covenants , negative oaths , and oath of abjuration , in opposition to their oaths of allegiance , and canonical obedience : there was no compounding , no living in their quarters , without swearing . there was an oath , given at a communion at fife , obliging people not to take the king's covenant ; and it was one condition upon the treaty at the isle of wight , that his majesty himself should give assurance by solemn oath under his hand , and seal , for settling religion according to the covenant . so that they made no conscience ( you see ) either of swearing , or forfwearing ; either of taking oaths themselves , or of forcing them upon others for the advancement of their design . he takes exception ( pag. . ) to the two declaratory points of the test. first that it is not lawful upon any pretence whatsoever , to take up arms against the king. and he reasons the matter in these words : it were difficult to instance a law , either in this , or other country , but that a private man , if any king in christendom assault him , may , having retreated to the wall , stand upon his guard. that is to say , a private man may kill his prince in his own defence . for he puts this case in opposition to the declaration ; only translating the taking up of arms against the king , into a man's standing upon his guard. all that 's honest , in 't is this , that he refuses to declare that to be unlawful , which he holds to be lawful .. his second scruple is , the abhorrence of that traiterous position of taking arms by his authority , against his person ; or against those that are commissioned by him , in pursuance of such commission . here ( says he ) is ●either tenour , or rule of any such commission specify'd , nor the qualification of those which shall be armed with such commissions , expressed , or limited . the author of this frivolous shift , knows very well , that the rules , and measures of commissions vary according to the circumstances of time , place , fact , person ; that the qualification of the commissioner does not at all operate upon the authority of the commission : and that if the bill were drawn out to the length of the book of martyrs , there would not yet be room enough to obviate all cavils , and objections . but in the next page , he speaks his mind a little plainer . as to the commission , ( says he ) if it be to take away a man's estate , or his life , by force , yet it is the king's commission : or if the person commissionated be under never so many disabilities by acts of parliament ; yet his taking this oath , re●oves all those incapacities , or his commission makes it not disputable . this seditious hint , ( for i cannot call it an argument ) lyes open so many ways , that i am only at a loss where to begin with it . first , let the commission , and commissioner be what they will , no man is to be iudg in his own cause ; but the law must be the iudg both of the legality of the one , and the capacity of the other . secondly , if upon this ground an injur'd person may take arms , in one case ; so may a criminal , up●n the bare pretence of it in any other : for 't is but saying that the commission is unwarrantable , or that the officer is a rascal , and there 's his justification . thirdly , suppose a double abuse in manner , as ●s here suggested ; that abuse does not yet void the authority , to which the law on the one side requires obedience , or at least submission ; and there is no law , on the other side , that allows resistance . fourthly , the end and prospect of all laws is publick convenience , and there was never any law invented , so profitable to a community , but it was in some respect or other , to the detriment of some particulars : so that the very admittance of his suppositions , does not at all affect the reason of the test , if the benefit be general on the one hand , and the mischief only particular on the other . how many men are sworn out of their lives , and fortunes by false-witnesses ? shall we therefore quarrel the method of proceeding secundum allegata , & probata ? a man is arrested upon a fobb'd action , for a sum of mony , knowing first , that he ows not a penny , secondly , that the consequence of it will be his ruine ; thirdly , that the action is meerly malicious ; and fourthly , ( to make it strong enough ) that the officer that serves the writ is consederate with his adversary , and that they have both complotted his destruction : all this will not yet authorize a resistance ; but if an officer that has the king's writ , or any other lawful warrant , though erroneous , shall be slain in the execution of it , this is murther a word now as to the occasion of it . the people of , when they had forced his majesty from his palace , by affronts and arm'd tumults , publish'd this doctrine to the nation , that though his person was gone , his authority resided in the two houses : under which colour they imposed ordinances upon the people , for laws , and by degrees proceeded to an exercise of all the acts of sovereignty ; making war against the person of the king , and those that were commission'd by him , under the pretence afore said : as rebellious , traytours , and conspirators . now to prevent the same mischief again , from the same principles , it was thought fit to propose this declaration of abhorrence . the objections against it are , that the king may grant a commission to take away a mans life , or estate , and employ any man at a venture to execute it : which is first , the supposal of an unjust , and tyrannical commission : secondly , a case so rare , that it would be a hard matter to produce a president for it , without a reference to a tryal at law : and thirdly , what would be the fruit of such a resistance , but the turning of an oppression on the one side , into a rebellion on the other ; and the forfeiting of that life , and estate to the law , which was otherwise invaded contrary to the law ? for 't is a thousand to one that the power that issu'd the commission , will find assistants to execute it , so that the resistance pleaded for in this case , is first , of a very remote supposition : secondly , of dangerous consequence to the resistent : and thirdly , of no avail to him at all . if we may not resist ( says the faction ) under these circumstances , our lives , liberties , and estates are at the king's mercy ; for that which may be one mans case , may be any mans : and so because of this possibility of wrong to particulars , we judg it reasonable , that every particular man should be allowed to defend himself . see now the inconvenience , which , upon the allowance of this liberty in favour of particulars , will redound to the publick . an honest man is charg'd with treason in the king's name , and by his majesties order to be taken into custody , and by an officer too , under what disabilities you please . here 's the whole case . an innocent person ; life , liberty , and estate at stake , and an unqualifi'd commissioner . if one man may resist , because he is innocent , another upon the same pretence may resist too , although he be guilty . for no man under a charge , is either guilty , or innocent in the eye of the law , till he be legally , either convicted , or acquitted . so that the innocent , and the guilty , are to be try'd indifferently by the same law , and so are the pretended errours either in the commission . or commissioner take matters once out of the channel of tryal by our peers , there 's an end of magna charta ; and the government it self is become passive , and precarious will you have the true reason now , why this abhorrence goes so much against the hair with some people ? the position is to be cherish'd , and kept in countenance , till the time comes for putting it in practice . no man can be so blind , as not to discern by the correspondent motions of the consistorians in scotland , and the scottish english , that they act already by concert , and it is as plain by this bold and adventurous way of libels all on the soddain , that they depend upon france for a second : which is no more than was done in the late rebellion , by the fame faction , as appear'd by a letter of the lord lowdens to the french king , for his protection and assistance , for which he was committed to the tower , and it was also confirm'd by the fourth article against the five members , accusing them to have traytero●sly invited and encourag'd a forreign power to invade his majesties kingdom of england . husband's collections , p. . these are the french pensioners , and the betrayers of our religion and freedom , under oaths , and covenants to preserve them . were not our divines pillag'd , sequestred , imprison'd , either for praying for his majesty , or for refusing to abjure him , how many reverend divines were poysoned in peter-house , i could give you the history of their spiriting away several persons of honour for slaves , their sale of three or four score gentlemen to the barbadoes . their sequ●strations , decimations , exclusion from all offices , plunders , banishments , confinements , prohibition of correspondence with the king , upon pain of death . the juggles of the irish adventures , money , and plate upon the propositions , confiscated estates , twentieth parts , weekly assessments , and a hundred other pecuniary , and arbitrary stratagems , till they finished the ruine of the nation , in the dissolution of the government , and in the bloud of their sov●reign . it is not less certain that this is in sum the design of their second reformation , than that it was the effect of their former : and they are fools that take men of these practises to be of any religion . finis . his maiesties gratiovs message and summons to the city of glocester aug. , with their answer thereunto. england and wales. sovereign ( - : charles i) this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing c ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing c estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) his maiesties gratiovs message and summons to the city of glocester aug. , with their answer thereunto. england and wales. sovereign ( - : charles i) charles i, king of england, - . broadside. by leonard lichfield ..., printed at oxford : . "let the world now judge if his majesty could have sent a more gratious message to his most loyall subjects, and whether these desperate rebells deserve any mercy, who after so many offers doe still refuse a pardon. but since their returning this rebellious answer, they have set their own suburbs on fire, which surely is not to keep the city either for the king or parliament." imperfect: folded, with very slight loss of print. reproduction of original in the bodleian library. eng great britain -- history -- civil war, - . great britain -- politics and government -- - . a r (wing c ). civilwar no his maiesties gratiovs message and summons to the city of glocester aug. , with their answer thereunto. england and wales. sovereign a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion his maiesties gratiovs message and summons to the city of glocester aug. . . with their answer thereunto . out of our tender compassion to our city of glocester , and that it may not receive prejudice by our army , which we cannot prevent , if we be compelled to assault it , we are personally come before it to require the same , and are gratiously pleased to let all the inhabitants of , and all other persons within that city , as well souldiers as others , know , that if they shall immediatly submit themselves , and deliver this our city to us , we are contented freely and absolutely to pardon every one of them without exception ; and doe assure them in the word of a king , that they nor any of them shall receive the least dammage or prejudice by our army in their persons , or estates ; but that we will appoynt such a governor , and a moderate garrison to reside there , as shall be both for the ease and security of that city and that whole county . but if they shall neglect this profer of grace and favour , and compell us by the power of our army to reduce that place ( which by the help of god we doubt not we shall be easily and shortly able to doe ) they must thank themselves for all the calamities and miseries must befall them . to this message we expect a cleere and positive answer within two houres after the publishing hereof , and by these presents doe give leave to any persons safely to repaire to , and returne from us whom that city shall desire to employ unto us in that businesse . and doe require all the officers and souldiers of our army , quietly to suffer them to passe accordingly . august . . wee the inhabitants , magistrates , officers and souldiers within this garrison of glocester : unto his majesties gratious message returne this humble answere . that we doe keep this city according to our oathes and alleagiance to and for the use of his majesty and his royall posterity ; and doe accordingly conceive our selves wholly bound to obey the commands of his majesty signified by both houses of parliament ; and are resolved by gods help to keep this city accordingly . de. wise major . john brewster . william luggo . my. singleton . thomas hill . thomas pury . john scriven . nich. webb . io. dorney . anth. edwards . iohn halford . toby lordan . g. dawidssone . robert maxwell . edw. massie . con. ferrer . hum mathewes . isaack dobson . edward gray . charles blount . peter crispe . rob. backhouse . ia. harcus . tho. pury iun. rob. stevenson . tho. blayney . let the world now judge if his majesty could have sent a more gratious message to his most loyall subjects , and whether these desperate rebells deserve any mercy , who after so many offers doe still refuse a pardon . but since their returning this rebellious answer , they have set their own suburbs on fire , which surely is not to keep the city either for the king or parliament . printed at oxford , by leonard lichfield , printer to the vniversity . . a call to the officers of the army, and all good hearts, to stand upon their watch; and in all meeknesse and sobriety to plead for the interest of the people of god, and for the just liberties of these nations. from diverse of their antient friends and comrades, that are lovers of peace and righteousnesse. s.r. h.w. r.p. s. r. approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing r thomason e _ estc r estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) a call to the officers of the army, and all good hearts, to stand upon their watch; and in all meeknesse and sobriety to plead for the interest of the people of god, and for the just liberties of these nations. from diverse of their antient friends and comrades, that are lovers of peace and righteousnesse. s.r. h.w. r.p. s. r. h. w. r. p. [ ], , [ ] p. printed for livewell chapman, at the crown in popes-head alley, london : [i.e. ] annotation on thomason copy: "feb: feb. ". reproduction of the original in the british library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng great britain -- politics and government -- - -- early works to . - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion a call to the officers of the army , and all good hearts , to stand upon their watch ; and in all meeknesse and sobriety to plead for the interest of the people of god , and for the just liberties of these nations . from diverse of their antient friends and comrades , that are lovers of peace and righteousnesse . s.r. h.w. r.p. london , printed for livewell chapman , at the crown in popes-head alley , . a call to the officers of the army , &c. from divers of their ancient friends and comrades , that are lovers of peace and righteousness . it hath been and is the grand designe of sathan , the old deceiver , to raise up strong and complicated oppositions against the work of reformation ; and we are not ignorant , that he fashions his snares and deceipts so curiously , and twists and insinuates himself so subtilly , that he makes use of the very instruments of that work , at once to hinder and to undermine it . it is a damp to our spirits to consider that the sun of glory , which had advanced it sell so far in this our meridian , should go back so many of these nations : and that from such splendid hopes , as once there were , by reason of gross and thick interpositions , it should tend almost to an universall eclipse . we know not , where the remora and obstruction is , nor is it our purpose to fix the blame upon any : but we lay our hands upon our hearts , and accuse our own vanity and folly , and uneven walkings , that have been the cause of depriving us of so rich a mercy . we cannot but with grief take notice of the unhappy disunions and differences , that have been , and are yet amongst those who should close together in most intimate onenesse : for the divisions of the people of god there are at this day great thoughts of heart ; and we must not so much as hope for the happiness of halcion days , untill they return and embrace each other in love and harmony . it is too too evident , that the malignant party are busie , and combining together to enslave us ; and they have now fresh blooming hopes , that this is their time to appear for the bringing back of that rejected line , and for the raising of themselves up again in our downfall . nor could they have such strong confidences , were they not confederate with that soure , ridgid , discontented party , whom nothing will please , unlesse they can glut themselves by setting their foot on our necks : who though they once contested against that old royall interest , yet now they cannot possibly fancy a lasting settlement , but by recalling him in again upon their own terms . this flame also is blown up by those , who whet their biting and imbittered tongues for mischief against us , who prepare scourges for our backs . and because we walk in a track different from them , and seperate from them and the world , in things of spirituall concernment ; they are enraged , and devise devises against us , and strongly endeavour to erect their own dominion in our crushing and extirpation . the great engine , which all parties make use of , to gratifie at once this their ambition and enmity , is , the vast distance , contests , and divisions , that are unhappily ●rept in amongst us ; whilest we lye scattered as corn in the feild , not bound up in sheaves ; whilest we are dwelling in distinct islands , not entertaining commerce with each other : and whilest we speak , or rather babble out different voices & languages , to our own confusion , & the dishonour of our master . is it not then high time to awaken , and to raise our selves from the bed of sloth and security ? should we not unite together in love and sweetness ? should we not humble our selves before our god ? should we not pray ? believe , confer , and take counsell together , as in the dayes of old , when the blessed presence of the lord was like fresh springs of water in our souls ? should we not consider from whence we are fallen , and repent , and do our first works , and remember the loves of our virginity ? these we think , are things proper and suiteable unto the present times we live in . surely , we are begirt with dangers from all sides : surely , the judgments of the lord are already gon out against us ; and they sound a loud and dreadfull alarum in our ears : if we yet be stupid , and not take warning , and return unto the lord , we may justly expect the full viols of his wrath to be emptied out upon us . in such an extraordinary day , as this is , we conceive , that there is a more than ordinary duty incumbent on us . the most fine gold is become dimme , and hath contracted the mixture of much dross : the most glorious cause , which at the beginning brake forth fresh and vigorous , and appeared like a bride decked with ornaments , is now become sullied , being faded in its beauty ; and is so changed , and mishapen with a strange dresse , we had almost said , with the attire of an harlot , that we have at once both lost our selves and our full-grown hopes , whilest in vain we endeavour to finde it . we have been all made drunk , as it were with sweet wine , through the confluence of earthly enjoyments , and delights : and we have not onely deserted the work put into our hands , but we have so blemished it , that we have given our adversaries advantages thereby , as well to blaspheme , as to rejoyce . it is as hard now to know what we have to doe in this doubtfull juncture , as it is easie to see ; that we are out of the way , and have lost the foot-steps of that glorious presence , which heretofore conducted us . we will open our very hearts unto you , because we can say , through grace , that we endeavour to keep a good conscience , void of offence both towards god , and towards man. we must needs say , that we would not have the authority and kingdome of our lord jesus slighted and neglected : we would not have superstitions and false worships creep up again , and appear in publique , uncontrouled ; we would not have the consciences of our fellow-brethren burden'd , and under the yokes of rigid impositions : we would not have tyranny , oppression , and injustice , so much as seen amongst us in any of their shapes and appearances ; we would not have the prophane spirit of the world gratified in their excesses , and in their pastimes not suteable to a well-guided common-wealth ; we would not have the just liberties of the nation trampled on by any , nor under the footstool of an arbitrary disposall : if in these things we offend , we are sorry , and if we are convinced thereof , we shall amend . sure we are , it was once the main designe , to extirpate every thing that stood in the way of a through reformation . it was once the great principle , that swayed our actings , to advance the best things , and to entrust the management of them in the hands of the best , and most upright persons . but how far we have warped , and deflected from these things . let all sober unprejudiced spirits , that doe not willingly shut their eyes , be the judges . be not displeased then , that we call upon you to stand in the good old way , and to return into that path , where the lord met you and owned you , and displayed his marvellous loving kindnesses , and his triumphant excellencies before your eys . remember that the vows of god are upon you ; if through your remisnesse and inadvertency ruine over take us , we shall have an hiding place in the chambers of divine love , in the midst of those desolations : but what comfort you can have , that you have not discharged the duty incumbent on you , in this day of danger , whilest an opportunity was in your hands to do it ; we now lay it upon your consciences to consider , before it is yet too late . the lord poure out upon us richly the spirit of love and of unanimity ; the spirit of courage and of activity , the spirit of wisdome and zeal ; that the sun of glory may again visite us , and ascend unto its perfect height and splendour : that we may doe worthily for god , and for his people in our generations : and that the undoubted rights and liberties of these nations may be fixt upon the lasting durable foundation of truth and righteousnesse . finis . his majesties most gracious speech to both houses of parliament, on munday the th of january, england and wales. sovereign ( - : william and mary) approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing w estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) his majesties most gracious speech to both houses of parliament, on munday the th of january, england and wales. sovereign ( - : william and mary) william iii, king of england, - . mary ii, queen of england, - . england and wales. parliament. sheet ([ ] p.) by the heir of andrew anderson, printed at london ; and re-printed at edinburgh : . reproduction of original in huntington library. william iii thanks the house of peers for funds to wage war. broadside. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng great britain -- politics and government -- - -- sources. great britain -- history -- william and mary, - -- sources. broadsides - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - spi global rekeyed and resubmitted - john pas sampled and proofread - john pas text and markup reviewed and edited - pfs batch review (qc) and xml conversion his majesties most gracious speech to both houses of parliament , on munday the th of january , . my lords and gentlemen , i am so sensible of the readiness you have shewed to supply me with money for the carrying on the wars i am engaged in , that i am glad of this occasion to give you thanks for your chearful dispatch of that matter , which was absolutely necessary for the common safety . the best return i can make to your kindness is , to assure you , that as far as it will go , it shall all be employed to the purposes it was given . it is a very sensible affliction to me , to see my good people burthened with heavy taxes ; but since the speedy recovering of ireland is , in my opinion , the only means to ease them , and to preserve the peace and honour of the nation , i am resolved to go thither in person , and with the blessing of god almighty , endeavour to reduce that kingdom , that it may no longer be a charge to this . and as i have already ventured my life for the preservation of the religion , laws and liberties of this nation ; so i am now willing again to expose it to secure you the quiet enjoyment of them . the spring draws on , and it being requisite i should be early in the field , i must immediatly apply my thoughts to the giving orders for the necessary preparations ; which that i may have the more leisure to do , i have thought convenient now to put an end to this session . then the speaker by his majesties command said , my lords and gentlemen , it is his majesties pleasure , that this parliament be prorogued to the second day of april next ; and this parliament is prorogued to the second day of april next . printed at london , and re-printed at edinburgh by the heir of andrew anderson , . to the right worshipful iohn fowke, alderman of the ward of farrington within, to the deputy, common-counsell, and to the rest of the inhabitants of the aforesaid ward. the humble petition of joseph hunscot citizen and stationer of london. hunscot, joseph. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing h thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) to the right worshipful iohn fowke, alderman of the ward of farrington within, to the deputy, common-counsell, and to the rest of the inhabitants of the aforesaid ward. the humble petition of joseph hunscot citizen and stationer of london. hunscot, joseph. sheet ([ ] p.) s.n., [london : ] imprint from wing. petitioning for the position of beadle in the ward of farrington. annotation on thomason copy: "december . ". reproduction of the original in the british library. eng hunscot, joseph -- early works to . fowke, john, d. -- early works to . london (england) -- history -- th century -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no to the right worshipful iohn fowke, alderman of the ward of farrington within, to the deputy, common-counsell, and to the rest of the inhabi hunscot, joseph. a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion to the right worshipful iohn fowke , alderman of the ward of farrington within , to the deputy , common-counsell , and to the rest of the inhabitants of the aforesaid ward . the humble petition of joseph hunscot citizen and stationer of london : humbly sheweth , whereas by the late death of thomas nichols , the beadles place of the ward aforesaid is become void , and your petitioner having lived these forty yeers and upwards in the said ward , and borne all offices in his parish where he lived , and hath from time to time manifested his good affection to the service of the parliament , not only in paying of taxes and assesments imposed on him , but before did voluntarily carry in a horse , monies , and in person with his sonne and three servants actually served the parliament , to the losse both of the benefit of his servants times , and also of his trade ; and since hath printed severall books by the direction of the parliament , which amounts to a good value , for all which he hath had no satisfaction . the premises considered , your petitioner humbly prayes your worships and the rest of the said ward , to grant him your favours and furtherance to be the beadle for the ward in the room of the said mr. nichols deceased ; in discharge whereof he promises all faithfulnesse and diligence both to your worships and the ward ; and as in duty bound , your petitioner shall ever pray , &c. and your petitioner will undertake to discharge the inhabitants of the said ward from all other taxes levied upon the said ward , for and toward the beadles salery , and to maintain a sufficient watch according to the ancient custome . mr. speakers speech before the king in the lords house of parliament july the third concerning the passing of three bills viz : poll-money, star-chamber and high commission. england and wales. parliament. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing l ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing l estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; :e , no ) mr. speakers speech before the king in the lords house of parliament july the third concerning the passing of three bills viz : poll-money, star-chamber and high commission. england and wales. parliament. lenthall, william, - . [ ], p. [s.n.], london : . reproduction of original in thomason collection, british library. eng great britain -- politics and government -- - . a r (wing l ). civilwar no mr. speakers speech, before the king, in the lords house of parliament. july the third, . concerning the passing of three bills. viz. po lenthall, william a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - tcp staff (oxford) sampled and proofread - judith siefring text and markup reviewed and edited - pfs batch review (qc) and xml conversion mr. speakers speech , before the king , in the lords house of parliament . july the third , . concerning the passing of three bills . viz. poll-money . star-chamber , and high commission . mr. speaker's speech . the government of common wealth rests in the rules of order , and hath so much affinity and consent with the rules of nature , in the government of the world , that the first copie and mutation of the one may seeme to be taken from the originall and first modell of the other . this contemplation ( most excellent and gracious sovereigne ) casts our eyes upon your sacred majesty , as that celestial orbe , which never resting without the office of perpetuall motion , to cherish the lower bodies , not enriching it self with any treasures drawn from below , exhales in vapours from the inferiour elements , what in due season it returns in showres . the application makes us consider our selves , those subluninary creatures which having their essence and being from the influence of those beames ( as the flowers of the field ) open to receive the glory of the sun . in this relation both contribute to the common good , your sacred majestie as a nursing father designed to bestow on your people , the blessing of peace and unity , and wee as the children of obedience returne our duties and affections in aids and tributes . and this compacted in one body by the ligaments of religion and laws , hath been the object of admiration to the whole world . amidst the distraction of forreigne nations , wee onely have sate under the shadow of our vines , and dranke the wines of our own vintage . but your crafty adversaries , perceiving that the fervent profession of your own religion and the firme observation of our laws , have beene the pillars of our prosperity , by subtile insinuations , pretending a politike necessity to admit of a moderation in our religion , to comply with forrain princes , and suggesting it a principall in the rule of soveraignty , to require and take into , aske and have , that it must postulare by power , not petere by laws , and keepe this misery of war and calamity , between nation and nation , and put us in the posture of gaze to the whole world . but when wee behold your sacred majesty discended from the royall loines of that glorious king , which by his wisdome and policie , first ingrafted the white rose and the red , upon the same stock , and sheathed the sword that had pierced the bowels of so much nobilitie , glutted with the bloud of people , and then laid the first hopes of the happy union between the nations . when our thoughts refresh themselves with that happy memory of that religious king your gracious father , on whose sacred temples both diadems were placed , wrethed about with this motto , faciam eos ingentem unam , we cannot but believe that god and nature ( by a lineall succession from those fathers of peace ) hath ordained you that lapis angularis upon which the whole frame settles , and put into the hands of your sacred majestie , the possibility and power to firme and stablish this happy union between your kingdomes , and so raise your memory a statue of glory and wisdome from generation to generation . in all this length of time , the assurance of this vnion and peace hath beene the chief object of our desires , our purses have beene as open as our hearts , both contributing to this great work manifested by so many subsidies already presented , sufficient in our first hopes for the full perfection . but finding that faile , have again adventured upon your peoples property , and in an old and absolute way , new burnisht by the hand of instant necessity , expressed to the world the heart of a loyall people , and howsoever guided with a new name of tranquility & peace to your kingdome , that with more ease the people may disgest the bitternesse of this pill , yet still our hearts had the same aime and object . a gift sutable to the necessity of such vast extent that time cannot paralell it by any example . and by which , if your sacred majesty vouchsafe your royall assent , wee shall not doubt you may soone accomplish those happy effects that may present your wisdome the object of wonder , and your policy to bee admired amongst the nations . finis . his highnesse the lord protector's speeches to the parliament in the painted chamber, the one on munday the th of september; the other on tuesday the . of september. . taken by one who stood very near him, and published to prevent mistakes. england and wales. lord protector ( - : o. cromwell) this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ e _ *). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing c wing c d thomason e _ thomason e _ * estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ] or :e [ *]) his highnesse the lord protector's speeches to the parliament in the painted chamber, the one on munday the th of september; the other on tuesday the . of september. . taken by one who stood very near him, and published to prevent mistakes. england and wales. lord protector ( - : o. cromwell) [ ], , [ ], , [ ] p. printed by t.r. and e.m. for g. sawbridge at the bible on ludgate-hill, london, : . in two parts. part , his highnesse the lord protector's speech to the parliament in the painted chamber, on tuesday the th of september. , has separate dated title page, pagination and register. part is identified as thomason e. [ *], and = wing ( nd ed., ) c d. also issued separately? annotation on thomason copy: " ber [i.e., september] ". reproduction of the original in the british library. eng great britain -- politics and government -- - . a r (thomason e _ e _ *). civilwar no his highnesse the lord protector's speeches to the parliament in the painted chamber,: the one on munday the th of september; the other on england and wales. lord protector a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - elspeth healey sampled and proofread - elspeth healey text and markup reviewed and edited - pfs batch review (qc) and xml conversion his highnesse the lord protector's speech to the parliament in the painted chamber , on tuesday the th of september . . taken by one who stood very near him , and published to prevent mistakes . london , printed by t. r. and e. m. for g. sawbridge at the bible on ludgate-hill . . his highnesse the lord protector's speech to the parliament in the painted chamber , on tuesday , the th of september . . gentlemen , it is not long since i met you in this place , upon an occasion which gave me much more content , and comfort then this doth . that which i have to say to you now , will need no preamble to let me in to my discourse : for the occasion of this meeting is plain enough . i could have wished with all my heart there had been no cause for it . at that meeting i did acquaint you what the first rise was of this government which hath call'd you hither ; and in the authority of which you came hither . among other things that i told you of then , i said you were a free parliament . and so you are whilst you own the government , and authority that call'd you hither . for certainly that word implyed a reciprocation , or it implyed nothing at all . indeed there was a reciprocation implied , and expressed : and i think your actions , and carriages ought to be suitable . but i see it will be necessary for me now , a little to magnifie my office ; which i have not been apt to do . i have been of this minde , i have been alwayes of this minde , since first i entered upon it , that if god will not beare it up , let it sink . but if a duty be incumbent upon me , to beare my testimony unto it , ( which in modesty i have hitherto sorborn ) i am in some measure now necessitated thereunto . and therefore that will be the prologue to my discourse . i call'd not my self to this place ; i say again , i call'd not my selfe to this place ; of that god is witnesse . and i have many witnesses ; who i do beleeve could readily lay down their lives to beare witnesse to the truth of that : that is to say , that i call'd not my self to this place . and being in it , i beare not witnesse to my self . but god and the people of these nations have borne testimony to it also . if my calling be from god , and my testimony from the people ; god and the people shall take it from me , else i will not part with it . i should be salfe to the trust that god hath plac'd upon me , and to the interest of the people of these nations , if i should . that i call'd not my self to this place , is my first assertion . that i bear not witnesse to my self , but have many witnesses , is my second . these are the two things i shall take the liberty to speak more fully to you of . to make plain and clear that which i have said , i must take liberty to look back . i was by birth a gentleman , living neither in any considerable height , nor yet in obscurity : i have been call'd to several imployments in the nation : to serve in parliaments : and ( because i would not be over tedious ) i did endeavour to discharge the duty of an honest man in those services , to god , and his peoples interest , and of the common-wealth ; having , when time was , a competent acceptation in the hearts of men , and some evidences thereof . i resolve not to recite the times , and occasions , and opportunities that have been appointed me by god to serve him in : nor the presence and blessings of god bearing then testimony to me . i having had some occasions to see ( together with my brethren and countrey-men ) a happy period put to our sharp warres , and contests with the then common enemy , hoped , in a private capacity , to have reaped the fruit , and benefit together with my brethren , of our hard labours and hazards : to wit , the enjoyment of peace and liberty , and the priviledges of a christian , and of a man , in some equality with others , according as it should please the lord to dispence unto me . and when , i say , god had put an end to our wars , at least brought them to a very hopeful issue , very near an end , ( after worcester fight ) i came up to london to pay my service , and duty to the parliament that then sate ; and hoping that all mindes would have been disposed to answer that which seemed to be the minde of god , ( viz. ) to give peace and rest to his people : and especially to those who had bled more then others in the carrying on of the military affaires , i was much disappointed of my expectation : for the issue did not prove so ; what ever may be boasted , or mis-represented , it was not so , not so . i can say in the simplicity of my soul , i love not i love not , ( i declined it in my former speech ) i say , i love not to rake into sores , or to discover nakednesses . that which i drive at , is this ; i say to you , i hoped to have had leave to have retired to a private life : i begg'd to be dismissed of my charge : i begg'd it again and again . and god be judge between me and all men , if i lie in this matter . that i lie not in matter of fact , is known to very mans ; but whether i tell a lie in my heart , as labouring to represent to you that which was not upon my heart , i say , the lord be judge : let uncharitable men that measure others by themselves , judge as they please . as to the matter of fact , i say it is true . as to the ingenuity and integrity of my heart in that desire , i do appeale , as before , upon the truth of that also . but i could not obtaine what my soul longed for . and the plain truth is , i did afterwards apprehend , that some did think ( my judgement not suiting with theirs ) that it could not well be . but this i say to you , was , between god and my soul ; between me and that assembly . i confesse i am in some strait , to say what i could say ; and what is true of what then followed . i pressed the parliament , as a member , to period themselves , once , and again , and again , and ten , and twenty times over . i told them ( for i knew it better then any one man in the parliament could know it , because of my maner of life , which was to run up and down the nation , and so might see and know the temper and spirits of all men , the best of men ) that the nation loathed their sitting : i knew it . and so farre as i could discerne , when they were dissolved , there was not so much as the barking of a dog , or any general and visible repining at it . you are not a few here present that can assert this as well as my self . and that there was high cause for their dissolving , is most evident , not onely in regard there was a just fear of the parliaments perpetuating themselves ; but because it was their designe . and had not their heeles been trod upon by importunities from abroad , even to threats , i believe there would never have been thoughts of rising , or of going out of that roome to the worlds end . i my selfe was founded ; and by no mean persons tempted ; and addresses were made to me to that very end , that it might have been thus perpetuated , that the vacant places might be supplied by new elections , and so continue from generation to generation . i have declined , i have declined very much , to open these things to you : yet having proceeded thus farre , i must tell you , that poor men under this arbitrary power , were driven like flocks of sheep , by fourty in a morning , to the confiscation of goods , and estates , without any man being able to give a reason that two of them had deserved to forfeit a shilling . i tell you the truth , and my soul , and many persons whose faces i see in this place were exceedingly grieved at these things : and knew not which way to help it , but by their mournings , and giving their negatives when occasions served . i have given you but a taste of miscarriages . i am confident you have had opportunities to hear much more of them : for nothing is more obvious . it 's true , this will be said , that there was a remedy to put an end to this perpetual parliament endeavoured , by having a future representative . how it was gotten , and by what importunities that was obtained , and how unwillingly yielded unto , is well known . what was this remedy ? it was a seeming willingnesse to have successive parliaments . what was that succession ? it was , that when one parliament had left their seat , another was to sit down immediately in the roome thereof , without any caution to avoid that which was the danger ; ( viz. ) perpetuating of the same parliaments ; which is a sore now that will ever be running , so long as men are ambitious and troublesome , if a due remedy be not found . so then , what was the businesse ? it was a conversion from a parliament that should have been , and was perpetuall , to a legislative power always sitting : & so the liberties , and interests , and lives of people , not judged by any certain known lawes and power , but by an arbitrary power , which is incident and necessary to parliaments by an arbitrary power : i say , to make mens estates liable to confiscation , and their persons to imprisonments ; sometimes by lawes made after the fact committed : often by taking the judgement both in capital and criminal things to themselves , who in former times were not known to exercise such a judicature . this i suppose was the case ; and in my opinion the remedy was fitted to the disease : especially coming in the reare of a parliament , so exercising the power and authority as this had done , but immediately before . truly , i consesse upon these grounds , and with the satisfaction of divers other persons , seeing nothing could be had otherwise ; that parliament was dissolv'd , we desiring to see if a few might have been call'd together for some short time who might put the nation into some way of certain settlement , did call those gentlemen out of the several parts of the nation for that purpose . and , as i have appealed to god before you already , i know ( and i hope i may say it , ) though it be a tender thing to make appeals to god ; yet in such exigencies as these , i trust it will not offend his majesty , especially to make them before persons that know god , and know what conscience is , and what it is to lie before the lord . i say , that as a principal end in calling that assembly , was the settlement of the nation ; so a chief end to my selfe was , that i might have opportunity to lay down the power that was in my hands i say to you again , in the presence of that god , who hath blessed and been with me in all my adversities and successes , that was as to my self my greatest end . a desire perhaps , ( and i am afraid ) sinful enough , to be quit of the power god had most providentially put into my hand , before he called for it ; and before those honest ends of our fighting were attained and setled . i say , the authority i had in my hand , being so boundlesse as it was , i being by act of parliament general of all the forces in the three nations of england , scotland and ireland , ( in which unlimitted condition i did not desire to live a day , ) did call that meeting for the ends before expressed . what the event and issue of that meeting was , we may sadly remember . it hath much teaching in it ; and i hope will make us all wiser for the future . but this meeting succeeding , as i have formerly said to you , and giving such a disappointment to our hopes , i shall not now make any repetition thereof ; only the effect was , that they came and brought to me a parchment signed by very much the major part of them , expressing their resigning and re-delivery of the power and authority that was committed to them , back again into my hands : and i can say it in the presence of divers persons here , that do know whether i lie in that , that i did not know one tittle of that resignation , until they all came and brought it , and delivered it into my hands : of this there are also in this presence many witnesses . i received this resignation , having formerly used my endeavours and perswasions to keep them together ; observing their differences , i thought it my duty to give advices to them , that so i might prevail with them for union : but it had the effect that i told you : and i had my disappointment . when this was so , we were exceedingly to seek how to settle things for the future . my power again by this resignation , was as boundlesse and unlimited as before ; all things being subjected to arbitrariness , and a person having power over the three nations boundlessely , and unlimited ; and upon the matter all government dissolved , all civill administrations at an end ; as will presently be made appear . the gentlemen that undertook to frame this government , did consult divers dayes together , ( they being of known integrity , and ability ) how to frame somewhat that might give us settlement ; and they did so : and that i was not privy to their councels , they know it . when they had finished their modell in some measure , or made a very good preparation of it , it became communicative . they told me that except i would undertake the government , they thought things would hardly come to a composure , and settlement ; but blood and confusion would break in upon us . i denied it again , and again , as god and those persons know , not complementingly as they also know , and as god knowes . i confesse , after many arguments , and after the letting of me know that i did not receive any thing that put me into any higher capacity then i was in before , but that it limited me , and bound my hands to act nothing to the prejudice of the nations , without consent of a councell untill the parliament ; and then limited by the parliament , as the act of government expresseth , i did accept it . i might repeat this again to you , if it were needfull , but i think i need not . i was arbitrary in power , having the armies in the three nations under my command : and truly not very ill beloved by them ; nor very ill beloved then by the people , by the good people ; and i beleive i should have bin more beloved if they had known the truth , as things were before god , and in themselves ; and before divers of these gentlemen whom i but now mentioned unto you . i did , at the intreaty of divers persons of honor and quality ; at the intreaty of very many of the chief officers of the army then present , and at their request , i did accept of the place , and title of protector , and was in the presence of the commissioners of the seal , the judges , the lord major and aldermen of the city of london , the souldierie , divers gentlemen , citizens , and divers other people , and persons of quality , &c. accompanied to westminster-hall , where i took my oath to this government . this was not done in a corner : it was open and publick . this government hath bin exercised by a councell , with a desire to be faithfull in all things ; and amongst all other trusts , to be faithfull in calling this parliament . and thus i have given you a very bare and leane discourse ; which truly i have bin necessitated unto , and contracted in , because of the unexpectednesse of the occasion ; and because i would not quite wearie you , nor my self . but this is a narrative that discovers to you the series of providence , and of transactions leading me into this condition wherein i now stand . the next thing i promised you , wherein i hope i shall not be so long , ( though i am sure this occasion does require plainenesse and freedom , ) is , that as i brought not my self into this condition , ( as in my own apprehension i did not ; and that i did not , ( the things being true which i have told you ) i submit it to your judgements , and there shall i leave it , let god do what he pleaseth . ) the other things i say that i am to speak to you of , is , that i have not , nor do not bear witnesse to my self . i am far from alluding to him that said so ; yet truth concerning a member of his hee will own , though men do not . but i think ( if i mistake not ) i have a cloud of witnesses . i think so ; let men be as froward as they will . i have witnesse within , without , and above . but i shall speak of them that are without , having fully spoken before of the witnesse above , and the witness in my own conscience , upon the other account ; because that subject had more obscurity in it , and i in some sort needed appeales ; and i trust might lawfully make them , as well as take an oath , where things were not so apt to be made evident . i shall enumerate my witnesses as well as i can . vvhen i had consented to accept of the government , there was some solemnity to be performed ; and that was accompanied with some persons of considerablenesse in all respects ; who were the persons before expressed ; who accompanied me at the time of my entring upon this government , to vvestminster-hall to take my oath . there was an explicite consent of interessed persons ; and an implicite consent of many , shewing their good liking , and approbation thereof . and ( gentlemen ) i do not think that you are altogether strangers to it , in your country : some did not nauseate it ; very many did approve it . i had the approbation of the officers of the army in the three nations of england , scotland , and ireland ; i say of the officers . i had that by their remonstrances , and under signature ; there was went along with that explicite consent , an implicite consent of persons that had somewhat to do in the world ; that had been instrumentall by god , to fight down the enemies of god , and his people , in the three nations . and truly , until my hands were bound , and i limited , ( wherein i took full contentment , as many can bear me witness , ) when i had in my hands so great a power and arbitrariness , the souldierie were a very considerable part of the nations , especially all government being dissolved . i say , when all government was thus dissolved , and nothing to keep things in order but the sword , and yet they ( which many histories will not parallell ) even they were desirous that things might come to a consistencie , and arbitrarines might be taken away , and the government put into a person ( limited and bounded , as in the act of settlement ) whom they destrusted the least , and loved not the worst : this was another evidence . i would not forget the honourable and civill entertainment , with the approbation i found in the great city of london ; which the city knowes whether i directly or indirectly sought . and truly i do not think it is folly to remember this . for it was very great , and high , and very publick ; and as numerous a body of those that are known by names , and titles , ( the severall corporations , and societies of citizens in this city , ) as hath been at any time seen in england ; and not without some appearance of satisfaction also . i had not onely this witnesse , but i have had from the greatest county in england , and from many cities , and boroughs , and many counties , explicit approbations ; not of those gathered here , and there ; but from the county of york , and city of york , and other counties , and places , assembled in their publike , and generall assizes , the grand-jury in the name of the noble men , gentlemen , yeomen , and inhabitants of that county , giving very great thanks to me for undertaking this heavy burthen , at such a time : and giving very great approbation , and incouragement to me to go through with it . these are plain . i have them to shew . and by these in some measure it will appear , i do not bear witnesse to my self . this is not all : the judges , ( and truly i had almost forgotten it ) they thinking that there was a dissolution of government , met , and consulted , and did declare one to another , that they could not administer justice to the satisfaction of their consciences , untill they had received commissions from me . and they did receive commissions from me . and by vertue of those commissions they have acted . and all the justices of the peace , that have acted , have acted by vertue of like commissions : which was a little more then an implicit approbation . and i beleeve all the justice administred in the nation , hath been by this authority ; which also i lay before you : desiring you to think whether all these persons before mentioned must not come before you for an act of oblivion , and generall pardon , who have acted under , and testified to this go.vernment , if it be disowned by you . i have two or three witnesses more , equivalent to all these i have reckoned , if i be not mistaken , and greatly mistaken . if i should say , all you that are here , are my witnesses , ishould say no untruth . i know you are the same persons here , that you were in the country . but i will reserve to speak to this at the last ; for this will be the issue of my speech . i say , i have two or three witnesses , that are more , then all i have accounted , and reckoned before . all the people in england , are my witnesses : and many in ireland , and scotland . all the sheriffes in england are my witnesses . and all that came in upon the process issued out by the sheriffes are my witnesses . yea , the returnes of the elections to the clerk of the crown , not a thing to be blown away with a breath ; the returnes on the behalf of the inhabittants in the counties , cities , and boroughs , al are my witnesses of approbation to the condition , and place i stand in . and i shall now make you my last witnesses , and ask you whether you came not hither by my writs , directed to the severall sheriffs ? and so to other officers in cities , and liberties , to which the people gave obedience : having also had the act : of government communicated to them : to which end greate numbers of copies were sent down , on purpose to be communicated to them ; and the government also required , to be distinctly read un . to the people at the place of elections , to avoid surprizes ; where also they signed the indenture , with proviso , that the persons so chosen shall not have power to alter the government , as it is now settled ; in one single person and a parliament . and thus i have made good my second assertion , that i bear not witnesse to my selfe ; but the good people of england , and you all are my witnesses . yea surely , and this being so , though i told you in my last speech , that you were a free parliament ; yet i thought it was understood , that i was the protector , and the authority that called you , and that i was in possession of the government by a good right from god and men . and i believe , if the learnedst men in this nation were called to shew a president so clear , so many wayes approving of a government ; they would not in all their search finde it . i did not in my other speech to you take upon me to justifie the government in every particular ; and i told you the reason of it ; which was plain . it was publick ; and had been long published ; and it might be under the most serious inspection of all that pleased to peruse it . by what i have said , i have approved my self to god , and my conscience , in my actions ; and in this undertaking . and i have given cause of approving my selfe to every one of your consciences in the sight of god . if it be so , why should we sport with it ? with a businesse thus serious ? may not this character , this stamp , bear equall poyze with any hereditary interest , which may have , and hath had , in the common law , matters of dispute , and tryall of learning ? wherein many have exercised more wit , and spilt more blood , then i hope ever to live to see , or hear of in this nation . i say , i do not know why i may not balance this providence , as in the sight of god , with any hereditary interest , as being lesse subject to those crackes , and flaws , they are commonly incident unto . which titles have cost more blood , in former times , in this nation , then wee have leisure to speake of now . now if this be thus , and i am deriving a title from god and men , upon such accounts as these are : although some men be froward , yet that your judgments , that are persons sent from all parts of the nation , under the notion of acceptance of the government for you to disowne , or not to owne it ; for you to act parliamentary authority , especially in the disowning of it ; contrary to the very fundamentall things ; yea , against the very root it selfe of this establishment ; to sit and not owne the authority by which you fit , is that that i believe astonisheth more men then my selfe ; and doth as dangerously disappoint , and discompose the nation , as any thing could have beene invented by the greatest enemie to our peace and welfare ; or could well have happened . it is true , there are some things in the establishment , that are fundamental : and some things are not so , but are circumstantial . of such , no question but i shall easily agree to vary , or leave out , as i shall be convinced by reason . some things are fundamentals , about which i shall deale plainly with you , they may not be parted with ; but will ( i trust ) be delivered over to posterity , as being the fruits of our blood and travel . the government by a single person and a parliament , is a fundamentall ; it is the esse . it is constitutive . and for the person , though i may seem to plead for my self , yet i doe not , no nor can any reasonable man say it . but if the things throughout this speech be true , i plead for this nation , and all honest men therein , who have borne their testimony , as afore-said , and not for my self . and if things should doe otherwise , then well , which i would not fear ; and the common enemy , and discontented persons take advantage at these distractions , the issue will be put up before god , let him own , or let him disown it , as he please . in every government there must be somewhat fundamental , somewhat like a magna charta , that should be standing , and be unalterable . where there is a stipulation on one part , and that fully accepted , as appears by what hath been said ; surely a return ought to be : else what does that stipulation signifie ? if i have upon the tearms asore-said undertaken this great trust , and exercised it , and by it called you , surely it ought to be owned . that parliaments should not make themselves perpetual , is a fundamentall . of what assurance is a law to prevent so great an evil , if it lie in one or the same legislator to unlaw it again ? is this like to be lasting ? it will be like a rope of sand ; it will give no security . for the same men may unbuild , what they have built . is not liberty of conscience in religion a fundamentall ? so long as there is liberty of conscience for the supreme magistrate , to exercise his conscience in erecting what form of church-government he is satisfied , he should set up ; why should not he give it to others ? liberty of conscience is a naturall right : and he that would have it ought to give it ; having liberty to settle what he likes for the publick . indeed that hath been one of the vanities of our contests . every sect saith , oh! give me liberty , but give him it , and to his power he will not yeeld it to any body else . where is our ingenuity ? truely that 's a thing ought to be very reciprocal . the magistrate hath his supremacy , and he may settle religion according to his conscience . and i may say it to you : i can say it ; all the money of this nation , would not have tempted men to fight , upon such an account as they have engaged , if they had not had hopes of liberty , better then they had from episcopacy ; or then would have been afforded them , from a scottish presbytery , or an english either ; if it had made such steps , or been as sharp , and rigid , as it threatned when it was first set up . this , i say , is a fundamentall . it ought to be so : it is for us , and the generations to come . and if there be an absolutenesse in the imposer , without fitting allowances , and exceptions from the rule , we shall have our people driven into wildernesses ; as they were when those poor , and afflicted people , that forsook their estates , and inheritances here , where they lived plentifully and comfortably , for the enjoyment of their liberty , and were necessitated to goe into a vast howling wildernesse in new england , where they have for liberty sake stript themselves of all their comfort , and the full enjoyment they had , embracing rather losse of friends , and want , then to be so ensnared , and in bondage . another , which i had forgotten , is the militia , that 's judged a fundamentall , if any thing be so . that it should be well and equally placed , is very necessary . for put the absolute power of the militia into one without a check , what doth it ? i pray you , what doth your check put upon your perpetuall parliaments , if it be wholly stript of this ? it is equally placed , and desires were to have it so ( viz. ) in one person , and the parliament , sitting the parliament . what signifies a provision against perpetuating of parliaments , if this be solely in them ? whether without a check the parliament have not liberty to alter the frame of government , to aristocrasie , to democrasie , to anarchy , to any thing , if this be fully in them ? yea into all confusion , and that without remedy ? and if this one thing be placed in one , that one , be it parliament , be it supream governour , they , or he hath power to make what they please of all the rest . therefore , if you would have a balance at all ; and that some fundamentals must stand , which may be worthy to be delivered over to posterity ; truely , i think , it is not unreasonably urged , that the militia should be disposed , as it is laid down in the government : and that it should be so equally placed , that one person , neither in parliament , nor out of parliament , should have the power of ordering it . the councell are the trustees of the common-wealth , in all intervals of parliaments ; who have as absolute a negative upon the supream officer in the said intervalls , as the parliament hath whilst it is sitting . it cannot be made use of : a man cannot be raised ; nor a penny charged upon the people ; nothing done without consent of parliament and in the intervals of parliament , without consent of the council , it is not to be exercised . give me leave to say , that there is very little power , none but what is coordinate , in the supream officer ; and yet enough in him that hath the chief government , in that particular , he is bound in strictnesse by the parliament , out of parliament by the councell , that doe as absolutely binde him , as the parliament , when the parliament is sitting . for that of money ; i told you some things are circumstantials . to have two hundred thousand pounds , to defray civil officers , to pay the judges , and other officers , defraying the charges of the councell , in sending their embassies , in keeping intelligence , and doing that that 's necessary , and for supporting the governour in chief : all this is by the instrument supposed and intended ; but it is not of the esse so much , and so limited , as so many souldiers , , twenty thousand foot , and ten thousand horse . if the spirits of men be composed five thousand horse , and ten thousand foot , may serve . these things are between the chief officer , and the parliament , to be moderated , as occasion shall offer . so there are many other circumstantiall things , which are not like the lawes of the medes and persians ; but the things which shall be necessary to deliver over to posterity , these should be unalterable , else every succeeding parliament , will be disputing to change , and alter the government , and we shall be as often brought into confusion , as we have parliaments , and so make our remedy our disease . the lords providence , appearing evils , appearing good , and better judgement , will give occasion for the ordering of things , for the best interest of the people . and those things are the matter of consideration between you and me . i have indeed almost tired my self . that that i have further to say , is this , i would it had not been needfull for me to have called you hither to have expostulated these things with you , and in such a manner as this is : but necessity hath no law . feigned necessities , imaginary necessities are the greatest cousenage that men can put upon the providence of god , and make pretences to break known rules by . but it is as legall , and as carnall , and as stupid , to think that there are no necessities , that are manifest necessities : because necessities may be abused or feigned , and truely i should be so , if i should thinke so , and i hope none of you thinke so . i say , that the wilfull throwings away of this government , such as it is , so owned by god , so approved by men , so testified to , in the fundamentals of it , as is beforementioned , and that in relation to the good of these nations , and posterity ; i can sooner be willing to be rolled into my grave , and buried with infamy , then i can give my consentunto . you have been called hither together to save a nation ; — nations . you had the best people indeed in the christian world in your trust , when you came hither . you had affaires , and these nations delivered over to you in peace and quietnesse : you were , and we all were put into an uninterrupted possession , no body making title to us . through the blessing of god our enemies were hopelesse and scattered . we had peace at home : peace almost with all neighbours round about : fit to take advantages where god did administer them . to have our peace and interest , that had those hopes the other day , thus shaken , and under such a confusion ; and wee rendered hereby ( almost ) the scorn and contempt of those strangers that are amongst us , to negotiate their masters affaires ; to give them opportunity to see our nakednesse , as they doe , a people that have been unhinged this twelve yeares day , and unhinged still ; as if scattering , division , and confusion should come upon us ( as if it were desired ) which are the greatest plagues god ordinarily layes upon nations for sinne : i would be loath to say , they are matters of our delight : but if not , why not the matter of our care , so wisely as we ought by uttermost endeavours to avoid ? nay , when by such actions , as these are , these poor nations shall be thrown into heapes of confusion , through bloud , and ruine , and trouble , upon the saddest account that ever was , if breaking should come upon us , and all because we would not settle when we might ; when god put it into our hands : your affairs now almost settled every where : and to have all recoyl upon us , and we our selves shaken in our affections , loosened from all knowne and publick interests , as i have mentioned to you : who shall answer for these things to god ? who can answer for these things to god , or to men ? to the people that sent you hither ? who lookt for refreshment from you ; who lookt for nothing but peace , and quietnesse , and rest , and settlement . and when we shall come to give an accompt to them , we shall be able to say ; oh! we have quarrelled for , and we contested for the liberty of england . wherein forsooth for the liberty of the people ? i appeale to the lord , that the desires and endeavours , and the things themselves will speak for themselves ; that the liberty of england ; the liberty of the people ; the avoiding of tyranous impositions , either upon men as men , or christians as christians , is made so safe by this act of settlement , that it will speak sufficiently for it self . and when it shall appear what hath been said , and done ; and what our transactions have been : for god can discover , and no priviledge will hinder the lord from discovering , no priviledge or condition of men can hide from the lord : he can , and will make all manifest , if he see it for his glory . and vvhen these shall by the providence of god be manifested , and the people shall come and say , gentlemen , what condition are we in ? we hoped for light , and behold darknesse obscure darknesse ! we hoped for rest , after ten years civil wars : we are plunged into deep confusion again . i , we know these consequences will come upon us , if god almighty shall not finde out some way to prevent them . i had this thought within my self . that it had not been dishonest , nor dishonourable , nor against true liberty , no not of parliaments ; when a parliament was so chosen , in pursuance of , in conformity to , and with such an approbation , and consent to the government , so that he that runnes might reade by what authority you came hither : that an owning of your call , and of the authority bringing you hither , might have been required before your entrance into the house . but this was declined , and hath not been done , bccause i am perswaded scarce any man could reasonably doubt you came with contrary mindes . and i have reason to beleeve , the people that sent you , least doubted thereof at all . and therefore i must deal plainly with you. what i forbare upon a just confidence at first , you necessitate me unto now . — that seeing the authority calling you is so little valued , and so much sleighted , till some such assurance be given , and made known ; that the fundamentall interest of the government , be settled , and approved , according to the provisoe contained in the return ; and such a consent testified , as will make it appear , that the same is accepted , i have caused a stop to be put to your entrance into the parliament house . i am sorry , i am sorry , and i could be sorry to the death , that there is cause for this . but there is cause . and if things be not satisfied , that are reasonably demanded . i for my part shall do that that becomes me , seeking my councell from god . there is therefore somewhat to be offered to you , that i hope will ( being understood with the qualifications that i have told you of : reforming circumstantials , and agreeing in the substance and fundamentals ( which is , the government setled , as it is expressed in the indenture ) not to be altered ; the making of your mindes known in that , by giving your assent and subscription to it ; is that , that will ) let you in , to act those things as a parliament , which are for the good of the people . and this thing shewed to you , and signed , as asore-said , doth determine the controversie ; and may give a happy progresse , and issue to this parliament . the place where you may come thus , and sign , as many as god shall make free thereunto , is in the lobby without the parliament door . the government doth declare , that you have a legislative power without a negative from me . as the government doth express , you may make any laws ; and if i give not my consent within twenty dayes , to the passing your lawes , they are ipso facto laws , whether i consent , or no , if not contrary to the government . you have an absolute legislative power in all things that can possibly concern the good , and interest of the publike . and i think you may make these nations happy by this setlement : and i for my part shall be willing to be bound more then i am , in any thing that i may be convinced of , may be for the good of the people ; in preservation of the cause and interest so long contended for . finis . articles of impeachment against george lord digby by the commons in this present parliament assembled, in maintenance of their accusation whereby hee standeth accused with high treason in their names, and in the names of all the common in england : whereunto is added a strange and unheard of oraison put by the papists ... england and wales. parliament. house of commons. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing a ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing a estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) articles of impeachment against george lord digby by the commons in this present parliament assembled, in maintenance of their accusation whereby hee standeth accused with high treason in their names, and in the names of all the common in england : whereunto is added a strange and unheard of oraison put by the papists ... england and wales. parliament. house of commons. [ ], p. printed for john wright, london : feb. , . reproduction of original in huntington library. eng bristol, george digby, -- earl of, - . impeachments -- great britain -- early works to . great britain -- politics and government -- - . a r (wing a ). civilwar no articles of impeachment against george lord digby, by the commons in this present parliament assembled. in maintenance of their accusation w england and wales. parliament. house of commons c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion articles of impeachment against george lord digby , by the commons in this present parliament assembled . in maintenance of their accusation whereby hee standeth accused with high treason in their names , and in the names of all the commons in england . whereunto is added a strange and unheard of oraison put by the papists , found in the pocket of captaine james rauley , a rebell in ireland . sent from dublin , in a letter of note by captaine edmund hippisley , to sir iohn hippisley knight , a member of the house of commons . london printed for john wright , feb. . . articles of impeachment against george lord digby , by the commons in this present parliament assembled , . . that the said george lord digby , in or about the moneth of ianuary . maliciously & trayterousl● endeavoured to perswade the kings majesty to levey forces against his majesties liege subjects within this kingdome , and the said george lord digby , did in or about the same moneth actually levey forces within this realme , to the teror of his majesties subjects . . that the said george lord digby , and about the said moneth of ianuary , and at other times falsely , maliciously : and trayterously , labour to raise a jealousie and disention betweene the king and his people , and to possesse his majesty that he could not live with safety of his person amongst them , and did thereupon trayterously endeavour to perswade his majesty to betake himselfe to some place of strength for his defence . . that the said george lord digby , in or about the same moneth of ianuary , and at other times , did maliciously and trayterously endeavour to stirre up jealousies and discensions , betweene the king and his parliament , and to that end and purpose did the same moneth of iann , wickedly advise the framing of certaine false and scandalous articles of high treason against the lord kimbolton , dencill hollis esq. sir arthur haselrigg barronet , iohn hampden , iohn pym , and master strowd esqrs. and did perswade his majestie accompanied with divers souldiers and others in warlike manner to come in person to the house of commons sitting in parliament , to demande the said members of the said house to the apparent endangering of his majesties person , and the high violation of the priviledges and being of parliaments . al which matters were done by the said georg lord digby trayterously and wickedly to alianate the hearts of his majesties leige people from his majestie , and set division betweene them , and stir up war within this kingdome . for wich the commons doe impeach him the said george lord digby of high treason . and the said commons by protestation saving o themselves the libertie of exhibiting at any time hereafter any other o ccation or impeachment against the said george lord digby , and also of replying to the answer which hee shall make to the said articles or any of them ; or of offering proofe of the premises or any of them , or of any other impeachment or accusation that shall be exhibited by them , as the case shall according to the course of parliament require . doe pray that the said george lord dighy may be put to answer all , and every the premises in the presence of the commons , and that such proceedings examinations , tryalls , judgments , and executions , may be upon every of them , had and used as is agreable to law , and justice . sir , the lord of antrim is not in the rebellion as yet , but is much mistrusted . hee will bee by reason hee is now gone to the county of kildare , where at the first this businesse was begun : the rebels would willingly come in : if they could but once heare of a proclamation , that they should have the liberty of their conscience , for some such thing they much expect , if they be not mistaken of their ayme . sir , this prayer i took out of a rebels pocket that i kiled , one iames rauley , a captaine of the rebels , who cryed for quarter , when i had sheathed my sword in his bowels , fearing i should be too troublesome . i rest now what i alwayes was , sir , your most obedient and most affectionate servant till death . from dublin this tenth of february . this oraison was found on the tombe of our blessed lady , and is of such effect , that whosoever will have the same , or say it daily , or carry it about him , shall be safe from fire , water , and skirmish of battaile , and also from noysome hanting of spirits . moreover , whosoever shall say a pater , ave , and creed , daily to the honor of holy and miraculous virgin mary , shee will visibly shew her self unto him -times before his death . o most sweet lord jesus christ , only son of the omnipotent . father , god of angels , and onely sonne of the most gracious virgin mary , helpe me a sinner , and save me from all present dangers wherein i am . most excellent and blessed virgin to be praised , to pray and vvi for me a miserable sinner to thy welbeloved son . o chast and honourable womm , thou art the mother of angels and archangels , helpe me from all present evils , and all to come . o flower of patriarcks . o shining brightnesse of the apostles . o hope of glory . o beauty fo virgins . o high thoughts of angels and archangels . o most sweet woman , i most humbly beseech thee not to for sake me at the trembling time of my death , when my soule shall be separated from my body , whereby i may see my selfe in everlasting glory by him . o flower and sweetest foundation of sweetnesse . o star of christ . o haven of health ▪ o queene of penitent offenders , hope of the faithfull archangels . thou whose conversation is the onely recreation of the angels & archangels . o most honourable lady of all sweetnesse and fortitude , thou art the most wholesom'st medicine for all sores . thou a●● the labour of all vertues , through thee doe ever angels and archangels rejoyce . o mother of mercy , looke on me with thine owne mercifull eyes . and i commit me to thy most blessed armes , to inspire my soule and body , and my thoughts , so thus it pleaseth thee and thine owne beloved sonne jesus christ . pater , ave , and creed . most glorious virgin , let thy flowing grace defend me from the danger of each place , grant that thy merits once may make me rise from tombe , above the spangled cristall skie , grant to my countrey , i may so well end , that i may praise thee eternally . amen . i found this in the pocket of a captaine of the rebels , captaine iames rauley . finis . by the king a proclamation for restraint of disorderly and vnnecessary resort to the court. england and wales. sovereign ( - : charles i) approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a stc estc s ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) by the king a proclamation for restraint of disorderly and vnnecessary resort to the court. england and wales. sovereign ( - : charles i) charles i, king of england, - . [ ] leaves. by bonham norton and iohn bill, printers to the kings most excellent maiestie, printed at london : m.dc.xxv [ ] caption title. imprint from colophon. arms without "c r" at top. "giuen at the court at white-hall, the seuenteenth day of may, in the first yeere of his maiesties reigne of great britaine, france and ireland." reproduction of original in: society of antiquaries. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng plague -- england -- prevention. courts and courtiers -- england. great britain -- history -- charles i, - . great britain -- politics and government -- - . - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion honi soit qvi mal y pense royal blazon or coat of arms ❧ by the king. ¶ a proclamation for restraint of disorderly and vnnecessary resort to the court. the kings most excellent maiesty , hauing taken into his princely consideration , the many inconueniences which may fall out by the vnlimited concourse of people of all sorts to his court , or the townes or parishes neere the same , especially at this time , and in this season of the yeere , which growes euery day more dangerous for increasing the infection , already begun in the citie of london , and confines of the same ; and being graciously and prouidently carefull to take away and preuent all occasions tending thereunto , hath thought fit by aduice of his priuie councell , by this proclamation to publish and declare his royall pleasure and commandement concerning the same , that although his maiestie cannot but conceiue great ioy and contentment , when his louing subiects , out of their loyall and dutifull affections towards him , shall desire to see the persons of himselfe , or of his deare consort the queene , who is ( by gods blessing ) shortly to come ouer into england ; yet , in his princely care of his people , hee is contented to dispence with those publike shewes of their zeale , chearefulnes , and alacritie at this time ▪ lest the present occasions of ioy and reioycing , should produce a contrary effect , by dispersing the infection into other parts of the realme , where his maiestie shall keepe his royall court and residence . and therefore his maiestie doth hereby straitly charge and command , that aswell in the iourney , which himselfe shortly intendeth to douer in kent , for the reception of his deare consort , the queene , at her arriuall , as also in his , and her maiesties returne from thence , and in all other iourneys and progresses , which they or either of them shall make this summer now ensuing , till they shall returne to a standing house in winter , no person or persons whatsoeuer , not being thereunto called or appointed , or not hauing speciall cause of personall attendance at the court for his maiesties seruice , or for some necessary occasion of extremity concerning their owne estate , doe presume to follow , or resort to the court with petitions , or vpon other pretence , or vnto any citie , towne , uillage , or priuate house within twelue miles of the same , as they tender his maiesties displeasure , and will answere for the same , as contemners of this his maiesties iust and royall commandement . and whereas many of his maiesties louing subiects haue been heretofore wont to pester the court , vnder colour of repairing thither for healing the disease called the kings euill , his maiestie doth hereby publish and declare his pleasure , that vntill michaelmas next , and after his coronation shall be solemnized ▪ he wil not admit any person or persons to come to the court for healing ; and doth straitly charge and forbid , that no person or persons doe in the meane time presume to importune his maiestie in that behalfe : and for auoyding many , and great abuses in that behalfe , his maiesty doth straitly charge and command , that no person or persons doe at any time hereafter resort to his maiestie , or his court for healing of that disease , without bringing a certificate from the minister , and churchwardens of the parish wherein they inhabite , or some other neighbours of more eminent quality , expressing the time they haue been troubled with that infirmity , and that they haue not at any time before been healed by his maiestie , or the late king : and to auoid the great disorder of poore people , who are vsed to come flocking into the high wayes , and streetes , where his maiestie is to trauell , vnder colour of reliefe from the almoner , his maiestie hath taken order , that in all the townes and parishes , through which hee shall passe , his maiesties sayd almoner shall deliuer his maiesties almes to the ouerseers of the poore , to be distributed amongst them , for their better & more equall reliefe , then they should receiue by comming abroad in that dishonourable & vndecent maner ; which therfore his maiesty straitly chargeth and commandeth them to forbeare , and all maiors , sheriffes , iustices of peace , constables , and other officers , to take due care of accordingly . and for other wandering poore , uagabonds , rogues , and such like base and vnruly people , which pester the high way , and make it their trade or profession to liue by begging , pilfering , or other vnlawfull shifting , his maiestie doth hereby straitly charge and command , aswell the knight marshall of his houshold and his deputies , as all maiors , sheriffes , iustices of peace , constables , and other his maiesties officers and louing subiects , to cause such as bee impotent , to bee foorthwith returned into their owne countreys , and such as be able to labour , to bee sent to the houses of correction , or otherwise ordered according to the lawes : to which end also , his maiestie likewise chargeth and commandeth the sayd sheriffes , iustices , and other officers , to cause diligent watch by night ▪ and ward by day to be kept by honest and substantiall housholders , in euery citie , towne , uillage , and parish , through which his maiesty shall passe , and within twelue miles compasse of his maiesties passage or court , aswell to be ready vpon all occasions to suppresse disorders and breaches of the peace , as to make speciall search for all such persons , as shall pretend themselues to bee his maiesties seruants , or followers of the court , and craue lodging without hauing billets for the same , and to apprehend all such as they shall finde so lodged or entertained , & not billeted , and to bring them before the knight marshal , or his deputy , and in all other things to be assisting to him and them concerning the premisses , for all occasions of his maiesties seruice . and because his maiestie findeth much disorder in some of his owne seruants , in vnnecessary pestering of the court , when there is no cause for their attendance or imployment , his maiesty straitly forbiddeth , that any of his seruants do either in this iourney of his maiesties intended to douer , or elsewhere in his summers progresse , or vntil his maiestie shal come to keepe a standing house in winter , resort to the court , except such onely of his maiesties seruants , as are , or shall be set downe in the liste , or shall be allowed for seruice within doores , and aboue staires , by the lord chamberlaine of his maiesties honourable houshold , or below staires , by the treasurer and comptroller of the houshold , or for seruice without doores by the knight marshall , vpon paine of his maiesties displeasure , and incurring the censure of a high contempt . and to the end his maiesties royall pleasure herein before declared , may bee in all points obserued , his maiestie straitly chargeth and commandeth his knight marshall , and all maiors , sheriffes , iustices of peace , constables , headboroughs , bayliffes , and other his maiesties officers whatsoeuer , to see all things concerning the premisses , carefully performed , and put in due execution , according to the dueties of their seuerall places , as they and euery of them will answere for any their neglects herein , at their vttermost perils . giuen at the court at white-hall , the seuenteenth day of may , in the first yeere of his maiesties reigne of great britaine , france and ireland . god saue the king. ¶ printed at london by bonham norton and iohn bill , printers to the kings most excellent maiestie . m.dc.xxv . a letany for the nevv-year, with a description of the new state this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing j b thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) a letany for the nevv-year, with a description of the new state jordan, thomas, ?- ? sheet ([ ] p.) s.n., [london : ] anonymous. by thomas jordan. verse - "from all and more than i have written here,". imprint from wing. satirizing the rump parliament. annotation on thomason copy: "jan: . ". identified as wing ( nd ed.) l on umi microfilm set "early english books, - ". reproduction of the originals in the british library. eng political satire, english -- early works to . great britain -- politics and government -- - -- humor -- early works to . a r (thomason .f. [ ]). civilwar no a letany for the nevv-year, with a description of the new state. jordan, thomas a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion a letany for the nevv-year , with a description of the new state . from all and more than i have written here , i wish you well protected this new year ; from civil war , and such uncivil things as ruine law and gospel , priests and kings ; from those who for self-ends would all betray , from such new saints that pistol when they pray , from flattering faces with insernal souls , from new reformers , such as pull down pauls , from linsy-woolsy lords , from town betrayers , from apron-preachers , and extemp're prayers , from pulpit-blasphemy , and bold rebellion , from bloud and — somthings else that i could tel ye on , from new false teachers which destroy the old , from those that turn the gospel into gold , from that black pack where clubs are alwaies trump , from bodies politique , and from the rump , from those that ruine when they should repair , from such as cut off heads instead of hair , from twelve months taxes , and abortive votes , from chargeable nurse-children in red coats , from such as sell their souls to save their sums , from city charters that make heads for drums , from magistrates which have no truth or knowledge , from the red students now in gresham colledge , from governments erected by the rabble , from sweet sir arthurs knights of the round table , from city-saints whose anagram is stains , from plots , and being choak'd with our own chains ; from these , and ten times more which may ensue , the poet prays , good lord deliver you . lo here a glorious realm subverted stands , just tumbler-like upon the feet and hands : once europes pride and envy , now their scoff . since the base entrayles cut the head on 't off , the body lost its form , and 's turn'd a lump ; now all the lims are vassals to the rump , which , all the nutriture devour'd and spent , yields nothing back but stink and excrement , and all returns that ever this doth send us , serves only to defile us and offend us ; 't is by much pampring grown a strange disease , which all receives , and gives nor food , nor ease to th' pining body , but is craving still ; and we by feeding it our selves do kill ; which nothing lives by that has any worth , but those base vermin , which its stink brought forth . if every member in this body would withdraw its strength , and influence , as they should , this nasty highness quickly must abate , and yield to th' head , which only saves the state . the rump . summary reasons, humbly tendered to the most honourable house of peers by some citizens and members of london, and other cities, boroughs, corporations, and ports, against the new intended bill for governing and reforming corporations. prynne, william, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing p a estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) summary reasons, humbly tendered to the most honourable house of peers by some citizens and members of london, and other cities, boroughs, corporations, and ports, against the new intended bill for governing and reforming corporations. prynne, william, - . sheet ([ ] p.) s.n., [london : ] by william prynne. imprint from wing. reproduction of the original in the harvard university library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng great britain -- politics and government -- - -- early works to . - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion summary reasons , humbly tendered to the most honourable house of peers by some citizens and members of london , and other cities , boroughs , corporations , and ports , against the new intended bill for governing and reforming corporations . first , this bill deprives all cities , boroughs , corporations , ports of england and wales ( . times particularly named and comprised in the act of oblivion and indempnity ) with all their magistrates , officers and members , of the common benefit , pardon , grace therein intended , and equally granted to them , as well as to other subjects , without discrimination , by the kings most gracious majesty , who in his successive printed messages , declarations , speeches to the last and present parliament , hath solemnly promised in his own royal person and ministers , and conjured all his subjects , and this present parliament in their proceedings , most religiously and inviolably to observe the same , and every part and branch thereof , without the least infringement : by reviving not onely the former marks and names of distinction between his subjects , but also the memory , infamy , reproach and punishment of all their formerly remitted and forgotten crimes , even unto the un-magistrating , dis-officing , dis-franchising and dis-membring of them in the respective cities , boroughs , ports , and corporations where they live , to their own and their posterities obloquy and disgrace , even since his majesties and this parliaments fresh confirmation of that act , and his royal advice and command to both houses of parliament on monday last , only to look forwards , but not back to any thing that was past . ly . it is directly contrary to the great charter of the liberties of england , made in the th year of king henry the third , c. ( since ra●ified by a near forty other parliaments and special acts ) b that the city of london , and all other cities , boroughs , townes , the barons of the cinque-ports , and all other ports , shall have all their old liberties and free customes , whereof this is one principal branch , freely to elect , place and displace their own magistrates , officers , members , and not to be visited , placed or displaced by any foreiners , visiters , commissioners , as is evident by their respective charters , the statute of . ed. . cap. the customs of london , and ashe his repertory , tit. london , sect. . , , , &c. ly . it invalidates , rescinds , annulls all the particular charters of former kings , and all private acts of parliament confirming them , formerly granted to london and other cities , boroughs , corporations , ports ; which all our kings by their c coronation oaths , ( and his majesty at his late coronation ) have sworn to grant , ratifie , and maintain to their power . ly . it gives the numerous commissioners named in the bill , or any five of them ( who are all commoners ) an absolute arbitrary power over the greatest peers of the realm ( as the dukes of york and ormond , the lord chancellor , lord treasurer , earles of pembroke , salisbury , and other lords who are officers , stewards , wardens of several cities , boroughs , ports , corporations of this realm ) to remove and displace them at their pleasure and discretion , without any legal tryal , contrary to magna charta , their peerage and privilege of parliament ; and it likewise impowers them , or any five of them , though no members , to remove and displace all the members of the commons house , who are magistrates , officers or members of any city , borough , or port , ( as divers of them are ) notwithstanding their privilege of parliament , and so by consequence to make them no members of this parliament , there being no exception nor provision for the peers or members in this act , to exempt them from this new visitation . ly . it enables these commissioners , or any five of them , joyntly and severally by their warrants , to summon all magistrates , officers and members of every city , corporation , borough and port of england and wales , from out os their respective precincts , to what place soever they shall sit , within the county where they are situated , though , , , or . miles distant , if they please to call them thither , the act confining them to no certain place or distance : which how vexatious , chargeable , injurious it may prove to the persons summoned , and how destructive to many cities , boroughs , ports and corporations charters , prohibiting any to draw them out of their own cities and corporations for any matter or offence relating thereunto , d we humbly refer to your lordships serious consideration . ly . it authorizeth the commissioners appointed for the cities and corporations of york , glocester , exeter , bristol , newcastle , canterbury , lincoln , pool , &c. ( which are counties within themselves ) to summon all their magistrates , officers and members to appear before them out of the limits of their particular counties , at any place of the shire wherein they are situated , contrary to their antient charers and privileges , the law of the land , and reason of the statutes enacting , e that no man shall be compelled to go out of his own county , for the publique defence and safety of the realm , unlesse in case of necessity , by reason of forein enemies coming into the realm , f nor cited out of his own diocess , to answer any particular offence , much lesse then to go out of his own county and precincts thereof , upon such a strange , unnecessarie visitation and occasion as this , which hath neither president nor parallel in any record or historie that can be produced . ly . it utterly subverts , annulls and extirpates the grand fundamental law of england , the great charter , and all acts of parliaments , antiently & lately made for the securitie of the subjects freeholds , liberties , franchises , and free customes against arbitrarie and tyrannical invasions ; particularly the statutes of magna charta , cap. . edw. . cap. , . edw. . cap. . and near . other acts of parliament for confirmation of the great charter in general , ed. . c. . ed. parl . c. . ed. . c. . ed. . c. . ed. . c. . ed. . c. , . h. . rot. parl. n. . h. . c. . the petition of right , car. and the act for regulating the privy counsel , &c. car. c . all which declare and enact , g that no freeman shall be disseised or put out of his freehold , franchises , liberties , free customes , lands or tenements , nor put to answer for the same , unless he be brought in to answer by due processe of law , according to the old law of the land , or fore-judged of the same by matter of record in due course of law , by the lawfull tryal and iudgement of his peers , and law of the land ; and if any thing be done to the contrary it shall be void and nought in law , and holden fo● errour . now this act authorizeth the commissioners , or any five of them , to displace , disseise , out all and every magistrate , officer , freeman , citizen , burgess , member of any city , borough , port or corporation aforesaid , both of his office , franchise and liberty , ( wherein he hath as absolute and good a freehold in law as any lord , knight , member of parliament , or other freeman of england hath in his lands , tenements , offices or honours ) without any legal processe , original writ , endictment , declaration , tryal , jurie , oath of witnesses , legal process or judgement , at their mere arbitrary discretion ; an injustice , arbitrary proceeding and tyranny , oft provided against and condemned by all former english parliaments ; therefore not to be approved or countenanced in the least degree by this parliament and your lordships , who so much condemne the late arbitrary powers , proceedings of sequestrators , decimators , and committee-men during our warrs , and sad confusions ; which these proceedings not onely imitate but exceed in some degree , being without oath , or legal accusation . ly . the commissioners appointed by this act , as th●y have a more absolute , arbitrary , boundlesse power , to displace all magistrates , officers , members of cities , boroughs , ports and corporations , without any distinction of persons , or rules of law , then was ever granted to any sort of judges , justices or commissioners in former ages ; so they have no oath at all prescribed to them before they act , to prevent the abuses and extravagancies which may happen in the execution thereof , as all other h iudges , iustices , sheriffs , ministers , and officers of justice , commissioners of the peace , of h sewers , forts , castles , pollicies of assurance , &c. have alwayes had by acts of parliament erecting them , to this effect ; that to your cunning , wit and power , you shall truly and indifferently execue the authority to you given by this commission , without any favour , corrupti●n , dread or malice to be borne to any manner of person or persons , and as occasion shall require for your part you shall endeavour to make such wholesome , just , equal , and indifferent iudgements and decrees , as shall be devised by the most discreet and indifferent number of your fellows , being in commission with you , for the due redresse , reformation and amendment of all and every such things as are contained in the said commission , and the same to your cunning , wit and power , cause to be put in due execution without favour , meed , dread , malice or affections , as god you help ; which oath will be far more requisite in this case then any other , to prevent all corruption , malice , rancor and revenge in commissioners and informers , after our many years wars , discords and resen●ments of former injuries , not yet buried in oblivion , over-apt to be remembred upon all occasions . ly . there is no appeal provided in this act from any five of the commissioners sentence , and removal of any magistrate , officer or member aforesaid , ( though never so injurious ) either to the major part of the commissioners of each county , or to the justices of the peace in their quarter-sessions , judges of assize , kings bench , or other his majesties courts at westminster , or to the lord chancellour of england , or lords in parliament , as is i usual in all cases of dis-franchisement , other judgements ●nd decrees made by commissioners , and all inferiour courts of justice ; if any erronious judgement or dis-franchisement be given in any corporation or inferiour court , the party grieved is relievable by a writ of error in the kings courts at westminster , k and erronious judgements in the kings own courts there , are remediable in the exchequer chamber , and lords house , by writ of error or appeal ; all erronious acts , and unjust judgements in one parliament , are reversable in another , because all commissioners , courts , judges , & parliaments too may erre , and it is most just and reasonable that parties injured by one judicature , should be righted and relieved by another , not left remedilesse : much more therefore in this case , where the proceedings are meerly arbitrary , without any rules of law , to which other judicatures are confined . ly . it gives the commissioners power to destroy all the cities , burroughs , corporations , ports of england and wales , and their respective charters , under pretext of confirming them , for the commissioners or any five of them may put out and displace all , or so many of their magistrates , aldermen , common-counsell men , and members at their discretion , if they please , as there will not be left a competent number to elect others in their places , according to their charters , whereby the * corporations and their charters will be destroyed , and their election of members to serve in parliament , together with them . a thing of dangerous consequence , extremely prejudicial to his majestie and the kingdom , and destructive to his majesties customes and excise , arising principally out of corporations and their members . ly . it puts all corporations , and their magistrates , officers , ministers , members into a far worse condition , in some respects , then if no act of oblivion and indempnity had been passed by his majestie and the parliament ; for if they had been questioned for any offence for which they shall now be displaced & dis-franchised , either by a quo warranto , indictment or proceedings in any court of justice , they should have had a legal tryal by their peers , a liberty to challenge their juries , ( who are judges of the matter of fact charged against them , ) the benefit and advice of counsell , all just and legal exceptions to their indictments , presentments , declarations , and witnesses produced against them upon oath face to face , with the benefit of their own witnesses upon oath , for th●ir vindication and acquittal : of all which they are totally deprived by this act , and left only to the commissioners arbitrary discretion and mercy , without any legal defence of their innocence and loyalty too . ly . the passing of this act , as it is altogether needlesse in respect of its restoring part , since all magistrates , officers and members of corporations , formerly ejected for their loyalty , are already restored , or may be restored upon request , or by a l writ of restitution in the kings bench , without the help of this act ; so the removing part , must needs revive the memory and examination of former injuries , and stir up new divisions , contentions , factions and parties , both between the commissioners themselves , and the magistrates , officers and members of every city , burrough , corporation and port , dividing them one from and against each other , to the great disturbance of the publique peace , m their own raine , the diminution of his majesties revenew , decay of trade , obstruction of the free & voluntary supply now granted to his majesty , and frustration of those pious , gracious , healing , uniting ends expressed in the act of indempnity and oblivion : at the best it will prove a remedy far worse than any disease it pretends to cure ; and this one president of meer arbitrary power and proceedings , made by a parliament of england , against the franchises , liberties , freeholds privileges , of all cities , burroughs , ports and corporations in england and wales , and their magistrates , officers , members , may in after ages prove fatal and destructive to the inheritances , franchises and freeholds of all the nobility , gentry , and other freemen of england , who may be deprived of them by like arbitrary commissioners and proceedings , without any legal tryal or conviction , if they consent to this new bill , and to the promoters of it , against their oathes and trusts to the cities , burroughs , corporations , ports , who made them freemen , and entrusted them to maintain their liberties and common utility by their best counsell and advice , especially in parliament . all which we humbly submit to your lordships grave and prudent considerations , for our own , and the king and kingdoms publique benefit , safety and tranquillity , not doubting of your iustice , nor of his majesties grace and goodnesse for our relief in all the premisses , against this bill , so fatal to all our cities , burroughs , corporations charters , liberties , tranquillity , vnity , and prosperity . notes, typically marginal, from the original text notes for div a -e a sir edward cooks preface to his . institutes . b cookes . institutes on mag. char . c. . c tottles magna charta juramentum regis quando coronatur . cl . r. . m. . h. . rot. parl. numero . the form of the kings coronation . d ch. . cooks . institutes . e e. . stat. . c. . h. . f h. . c. . g cooks . instit , on magna charta , c. . cooks . rep. f. . h rastal justices in eyre , cap. . , & ed. . rastal justices . h. . c. . h. . c. . eliz. c. . h rastal justices in eyre , cap. . , & ed. . rastal justices . h. . c. . h. . c. . eliz. c. . i h. c. . , & phil. & mar. c. . eliz. c. . k eliz. c. . h. . c. . brook error . baggs case . cook report . f. , , . * h. , , . h. . . brook corporation , . extinguishment . c. . l cook . rep. f. , . m mat. . . a reply to the reasons of the oxford-clergy against addressing l'estrange, roger, sir, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing l estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a reply to the reasons of the oxford-clergy against addressing l'estrange, roger, sir, - . p. printed by henry hills ..., london : . includes bibliographical references. reproduction of original in huntington library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng great britain -- politics and government -- - . - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - melanie sanders sampled and proofread - melanie sanders text and markup reviewed and edited - pfs batch review (qc) and xml conversion a reply to the reasons of the oxford-clergy against addressing . publish'd with allowance . london , printed by henry hills , printer to the king 's most excellent majesty for his houshold and chappel . . a reply to the reasons of the oxford-clergy against addressing . sir , the copy you sent us of some reasons for addressing , with an answer to 'em , and several arguments against it drawn up by the oxford-clergy , doth most extreamly afflict and surprise us ; for , what man of sense could in the least imagine , that our clergy , who once had obtain'd the highest applauses for their loyalty , should at last do any thing that may seem to justifie the insinuations of those , who always said , that church-of-england-loyalty would continue no longer than the prince was of their religion : for now it looks as if our loyalty must be no longer liv'd than our church is in a flourishing state ; why else do our clergy thus remonstrate against rendring his majesty their humblest thanks for the assurances he has given 'em of protection in the free exercise of our religion , and in the full enjoyment of their ecclesiastical possessions ? don't they know , that they are owing to his majesty's grace for this much , and that , unless his majesty had embrac'd that most christian and heroic principle , that conscience ought not to be constrain'd , and had also excell'd all his royal predecessors in clemency , he could never forgive the church of england , by whom so many sanguinary laws have been made against men of his religion ; or , have forborn the exercising that prerogative in matters ecclesiastical , which our church hath often recogniz'd to be inherent in the crown , and by which our church may be in a great measure legally subverted ? what then can be more manifest to a person of the least thoughtfulness , than that our church is infinitely oblig'd to his majesty for her present standing ? or , what more certain , than that she is most disingenuously ungrateful , if she acknowledges not so much ? this paper therefore , which is sent abroad on purpose to ensnare the members of our church , must not escape our animadversions ; and , that we may the more effectually prevent it s design'd mischief , we will lay down every argument in the words of the paper , and endeavor that our discussing 'em may be with the greatest evenness and moderation . in the first place then , we must make our remarks on the method taken to abuse the reader , by proposing but two considerations , and that very lamely too , for addressing ; but as many more , with all the advantages imaginable , against it ; thereby tempting the unwary to conclude , that the rendring his majesty their thanks , was a thing most ridiculous . however , we 'll propose those feeble arguments that are for addressing , with the clergys answer , and try whether it 's so easie a matter to blow 'em off the stage , as these gentlemen would have us think . reasons for this address may be two. first , that it may continue his majesty's favor ; and the omission may irritate the treasury to demand a review of the first-fruits , to the full ualue , upon the fifth bond. the clergies answer . as to the kings's favor , if the known loyal principles and practices of the church of england , which evidenc'd themselves ( one would think ) so acceptable to this prince in the instance of the exclusion , and monmouth , will not secure us , so not this address ( which only copies out fanatical loyalty and gratitude ) can continue it . yet our thanks at this time might not seem improper , if the favor of continuing the laws to us ( which perhaps with all the endeavors to the contrary cannot be repeal'd ) were as great as the repealing those for the dissenters sake ; which the presbyterian and independent addresses say , his majesty will engage his parliament to , and for which they principally give thanks . our reply . . these gentlemen think they have done enough already to merit the continuance of his majesty's favor , because some of 'em were against the bill of exclusion , and endeavor'd the suppression of monmouth ; not considering , how many of our communion were the active persons both in the matter of the exclusion and monmouth . it 's true , at that time some were very loyal , and but some . consult the late king 's narrative , and observe the rise and progress of that conspiracy , and you will find , 't was from first to last begun and carried on by church of england men : for , tho the fanatics had their hand in it , yet they were not the only , nor the chief actors . if you go back so far as the excluding parliament , they were , five to one , church of england men. or , if you look on the contests about the sheriffs , you will find the church of england to be the chief in that transaction ; and in truth , no one that had been a dissenter , could act as a sheriff or common-council-man , until he had forsaken his communion with the dissenters , and incorporated himself with our church : so that whatever they did in these public capacities , they did it not as dissenters , but as members of the church of england . come nearer home , to the late rebellion , and consider who were the heads of it , and 't will appear , that they were of the church of england : or go down to winchester , where were above four hundred of the meaner sort , and , except twenty or thirty , all declare themselves to be of the church of england : or read julian , a church of england divine , in which the doctrin of non-resistance is so much exploded , and you may soon be convinc'd , that the whole is said for resistance , is only for the encouragement of church of england men to fight in defence of the religion by law establish'd ; not a word to affect a dissenter , whose religion is by statute-laws condemn'd . so that our church must take the shame of all these things to her self , and confess , she has more reason to insist on his majestie 's grace , than her own merit , for the continuance of the king's favour . but , . it is granted by these gentlemen , that if the favor of continuing the laws to us were as great as the repealing those against the dissenters , it might not be improper to give thanks . so that it s confessd to be but just in the dissenters to make their addresses . and we doubt not but that we shall make it manifest , that such is the present state and constitution of the church of england , that it 's as much in the power of the king to humble our clergy , as 't is to comfort the dissenter ; and that our clergy are as much owing to the kings grace for the present exercise of their religion , and enjoyment of their possessions , as the dissenters are for the indulgence . we mention not this to lessen his majestie 's favor to the dissenter , but that you may see the transcendency of the kings grace to our church . the several acts of parliament recognizing the king's supremacy in matters ecclesiastical ; the doctrin of the church of england seen in her articles , and the histories of queen elizabeth , and king james , and charles i. relating to this very thing , do sufficiently declare , that such is the plenitude and fulness , of the kings power in matters ecclesiastical , that he can by his ecclesiastical commissioners make new laws concerning rights and ceremonies , and impose new articles on the clergy , requiring their subscription on pains of suspension and deprivation . before the . eliz. c. . subscriptions were enjoyn'd by the regal power , and tho this statute requir'd subscription , yet it being to the articles of religion , which only concern the confession of the true christian faith , and the doctrin of the sacraments , compriz'd in a book imprinted and entituled , articles , &c. 't was deemed by the bishops to be insufficient , who therefore apply themselves to their prince , that by her majesties power ecclesiastical , they might enjoyn a fuller subscription , which , accordingly they did , appointing subscription , not only to the articles of faith and doctrins of the sacraments ; but unto the government , the rites and ceremonies of the church , and such as refused this larger subscription , tho they would readily subscribe as by the statute requir'd , were suspended and depriv'd . and has not his present majesty the same power queen elizabeth had ? why then may he not make new laws about ceremonies , and require subscription to new articles ? besides , i'ts acknowledg'd , that whatever power ecclesiastical the popes did de facto exercise in this kingdom according to the canons , that same power de jure belongs to our kings ; and ' it s also granted , that the canons of general councils , and the decrees of the roman pontifs , so far forth as they have been receiv'd by the permission of our kings , and ancient custom , are still in force ; and that these canons are daily violated by our clergy , cannot be denied , especially in the matter of pluralities , which cannot be held but by a dispensation from the king , or at least by his confirming the archbishops . and will any say , that tho the dispensation , by which any of our clergy hold their pluralities , is deriv'd from the king , yet the king cannot revoke them ? or may not his majesties ecclesiastical commissoners , make enquiry after those who have above l. per annum , and by a dispensation hold a second benefice , and judge of the first benefice , not according to the value in the kings books , but according to the very value of the church , as has been formerly adjudged ; or as is in the argument for addressing , may not the treasury demand a review of the first fruits according to the full value ? in a word , may not the king send out a quo warranto against the bishops , and demand by what power they hold courts in their own names , and finding nothing but prescription to be their plea , which can be no bar against the king , sufficiently humble our clergy ? and , seeing his majesty , notwithstanding the many provocations he has met with , from some of our clergy , is so far from exercising this power against our church , that on the contrary he is so unexpressibly gracious as to promise his protection , have we not the greatest reason gratefully to acknowledge it to the king ? their affirming these addresses to copy out only fanatical loyalty , and gratitude , is so very indecent , that we think it unworthy of further notice , judging their confidence also about the impossibility of repealing their laws to bear some proportion to the extravagance of their censure . the paper . secondly , that it seems our duty to maintain unity with our bishop requiring it , and perhaps expecting it upon our canonical obedience , there being nothing praeter licitum & honestum . answer . as to the bishop , 't is conceiv'd , that this is no instance of canonical obedience ; nor is the duty of our unity with him apprehended to be such , as disunites us from the most , the best and soundest of the national clergy , who we think ought not , and we believe will not move in an affair , which concerns the whole church equally without their metropolitan and his bishops . neither hath our bishop shewed any pastoral regard to us , unless it be in a treating us like children in a very weak and passive minority , by requiring our submission to an address formed and worded to our hands , without our knowledge , not leaving us the liberty , and thinking us able to express the sense of our acts ( or hearts ) ●nd therefore till bishops upon their consecration declare what faith they are of , as they did in the primitive church , for which the reasons are the same as then ; to maintain unity with a bishop without caution is a principle , that may lead us further than we ought to go . reply . . there being so much reason why our clergy ought to make their address of thanks to the king , it would be very strange if such a practice cannot be found amongst the licita and honesta of our church ; and if it comes within this pale , and the ordinary commands it , it 's beyond us to conceive how disobedience in the clergy can escape the guilt of perjury . for the oath express'd in the instrument of the clergies institution is in these words , te primitùs de legitima & canonica obedientia nobis & successoribus nostris , in omnibus licitis & honestis mandatis per te praestanda & exhibenda , ad sancta evangelia ritè juratum admittimus . so that they are sworn to perform lawful and canonical obedience to their ordinary in all his lawful and honest mandates . the bishop then commands 'em to thank the king for his grace and clemency in a matter for which once heretofore they did it . is this lawful or unlawful ? honest or dishonest ? not unlawful nor dishonest ; because when the king declared only to the council he would protect the church of england , they then judg'd it their duty ; now the king doth but make the same declaration to the whole kingdom , and if not unlawful , and their ordinary commands it , they are bound by their oath to obey , how then can they disobey and not be at least forsworn ? but , . how comes it to pass , that their obeying their ordinary disunites 'em from the most , the best and soundest of the national clergy ? what! are the whole clergy so insensible of the kings grace , that they 'll not acknowledge it ? what a prodigious change is this ? and why must they not rather regard their own ordinary , than the sense of others ? if the matter requir'd , be ( as we have prov'd it to be ) lawful and honest , do they make nothing of an oath ? and is church-of england unity in danger of being broken ? that surely is ominous , and no doubt will open the mouth both of papist and protestant dissenter . is the church of englands case so desperate , that they must either be ungrateful to their prince , or be divided amongst themselves ? furthermore , . their bishop shews no pastoral regard to 'em , unless it be in treating 'em like children , by requiring their submission to an address worded to their hands , not leaving 'em the liberty to express the sense of their hearts . so the paper . and what hurt in all this ? it 's to be presum'd , they 'l make more bold with their prince than with god ; and therefore seeing they are not to be trusted , when they make their addresses to god , how can they expect to be trusted when they apply themselves to their prince ? are not their prayers all worded to their hands ? have they liberty to express the sense of their hearts in publick ? no , they have solemnly promis'd , they 'll use the church-prayers , and none other ; why then should they expect a liberty of expressing their sense when they are to address to the king ? ay but , . bishops upon their consecration should declare what faith they are of , as they did in the primitive times . what 's this but too high a reflection upon our church , an accusation that we are fallen from the primitive purity ? tho it must be acknowledg'd , that all the clergy subscribe , assent , and consent to the thirty nine articles , &c. and is not that enough ? or , have they forgotten how solemnly they did swear canonical obedience to their ordinary ; that they now tell us , they must maintain unity with their bishop with caution ; thereby encouraging even the nonconformists in their dissent ? but to the arguments against addressing . the paper . reasons against it are many ; under the present circumstances , to instance in four. first , as to our possessions , it either equally concerns all estates of men in the kingdom , and ought then to be most particularly consider'd in parliament ; or , it supposes our possessions less legal , and more arbitrary than other subjects . answer . as for their possessions , they are setled on them in no other manner than they were on the clergy in q. elizabeth's and k. james the first 's days , when , for not subseribing to articles never then enjoyn'd by act of parliament , many hundreds of the clergy were suspcnded , and depriv'd of all their ecclesiastical possessions : and should a strict enquiry be made into our clergy , it 's to be fear'd , that too many of 'em would be found so very guilty , as to deserve not only a suspension , but also a deprivation ; and we therefore cannot think it to be the wisdom of our clergy to provoke the ecclesiastical commissioners to make a close search after their miscarriages , especially seeing deprivations have been anciently for dilapidations , and such like offences . argument ii. secondly , as to our religion , this address ( referring to the declaration ) necessarily herds among the various sects under the toleration , who for suspending the laws have led the way in these addresses , owing their exercise of their religion to no legal establishment , but only to sovereign pleasure and indulgence , which at pleasure is revocable . answer . . they 'll not deny , but that they now agree with the other sects , in dissenting from his majesty's religion , and are equally with them owing to the king's grace , and his most christian principle , that conscience ought not to be constrain'd , for the protection the king vouchsafes them in the enjoyment of the free exercise of our religion . they see how easily the king can humble them ; and had he not been for liberty of conscience , he must esteem himself under the most powerful obligations of endeavoring it , and a change of our religion : why then should they be so much against concurring with the various sects among us in rendring the king their thanks ? what , shall the fanatic out-do us in point of ingenuity and gratitude ? . they say , that the dissenters owe the exercise of their religion to no legal establishment , but only to sovereign pleasure . what a strange change is this ! the other day , in the late king's reign , the cry , the general cry was , that the very legislative power was lodg'd in the breast of the king ; but now , contrary to the very vitals of our government , they 'll not allow him the entire enjoyment of the executive power . that the king may grant a dispensation with a non obstante to any act of parliament , as well as give out a particular pardon to the transgressors of any statute , and these particular dispensations and pardons may be given out to every particular subject that needs 'em , has been the avow'd principle even of the greatest opposers of arbitrary government . besides , in matters ecclesiastical , which comprehend the dissenters case , the sovereignty of the king is as full and compleat , as any of his majesty's royal predecessors , and theirs the same with that power the popes did de facto exercise according to canon-law , with a non obstante to a particular act of parliament . but what need we insist on these things ? have not the clergy gone higher in exalting the sovereign pleasure above all laws , even in civils , when in the declaration that all our clergy subscribe , they distinguish between the sovereign pleasure of our king , and his authority of law ; and that the law or authority , if it at any time falls in competition with the sovereign pleasure , must defere to sovereign pleasure ; it being a trayterous practice to observe the law , in opposition to any commission'd by sovereign power ? the paper . thirdly , this address is either design'd in the name of the church of england , and then it ought to have had 't is birth at lambeth , or a synodal convocation , or in the name of this diocess only , which then will both disjoynt us one from another who differ about it , or from the rest of the national clergy ; the best part of which we are assurc'd dislike it in the present circumstances : so that the inevitable consequence of this address ( set on foot by a few bishops independently on their metropolitan , and without the previous concurrence of the rest of their order ) must be a fatal division among the clergy , and either beget a new schism , or widen the old ones , which , are already too deplorable . answer . one would think that the bishop and clergy of a diocess might safely enough make their address of thanks of the king , without the previous concurrence of the rest of their order , or consulting their metropolitan . for the union between bishop and bishop , and the dependance of all the bishops in a province on their metropolitan , ought to be comprehended within those matters , that relate to purity of faith and manners ; but is non-addressing a matter of faith , or addressing , contrary to the rule of good manners , that it must not be adventur'd on without the advice of a colledge of bishops , or the leave of a metropolitan ? but if we do more closely pursue this point , we shall find the constitution of our church to be such , that in all matters of consultation , the birth must not be at lambeth , but at whitehall . for what power superior to a single bishop hath the metropolitan , but what is juris positivi , and derived from the king , the fountain and source of all provincial and national church-power in these kingdoms ? this surely must be granted by those that are not for a power deriv'd , either from a general council , or from the roman pontif , and then it will inevitably follow , that his majesty in the first place is to be consulted , whose mind in this matter is sufficiently known , and it 's as much the duty of the metropolitan to consult and obey the king the supreme ordinary of this national church , as it can be for a single bishop to regard his metropolitan ; for which reason we think it a presumption , very near to what is unpardonable in the inferior clergy , to dispute what is agreeable to the sense , both of their ordinary , and supreme ordinary . and as for the talk of schism , as if these , who are for addressing , must needs be schismatics ; we only say , that making differences about matters of this nature to be schismatical , will tempt thoughtful men to conclude , that the outcries of schism against the non-conformists , have been grounded on as little reason , and with as little justice . the paper . fourthly , it will forfeit our reputation with the nobility , gentry and commonalty of our communion , and may tempt them to disgust us for our rash compliance with suspected artifices ( which may rise hereafter against us , to our own , and the church's prejudice ) and to waver in the stedfastness of their own profession , when they see us owning the exercise of our established religion to be so precarious . answer . above twenty years together without any regard to the nobility , gentry and commonalty , our clergy have been publishing to the world , that the king can do greater things than are done in his declaration . but now the scene is alter'd , and they are become more concern'd to maintain their reputation , even with the commonalty , than with the king : ay , they insinuate as if the nobility and gentry had taken up their religion on such a foundation , as would be shaken by an address ; and do moreover suggest , as if the nobility and gentry are as little affected with his majesties grace as themselves . the paper . may it not therefore be expedient , humbly to remonstrat our scruples in this affair to our diocesan , and beseech him not to require our act , without consulting us in a thing of so public and national concernment , wherein we conceive our selves oblidg'd to proceed upon mature deliberation , and united measures , which under god and the king , are like to be our greatest safeguard ? answer . their duty is to consider , whether they are more oblig'd to their metropolitan , than to their diocesan . if they ought to regard their diocesan most , it 's their duty to submit unto his sense of things , and not revive the old way of remonstrating thus ; but if they judge themselves bound to regard their metropolitan more than their diocesan , we are sure that their obligation to the king , the supreme ordinary of the church of england , is much greater , and that they ought not to bring what he approves of under debate , especially considering the transcendency of his majesty's favor towards them , and that such discoveries of ingratitude may justly provoke the king to exercise his just prerogatives in matters ecclesiastical , and humble them . in a word , we would , if possible , inculcate this on your thoughts , that our church of england lawyers have resolutely affirm'd the king to be supreme ordinary , and by the ancient laws of this realm , may without any act of parliament make ordinances and institutions for the goverment of the clergy , and may deprive them if they obey not . moor . c. . cro. trin. jac. . cawley eliz. c. . and when the prince zealously espous'd our churches quarrel , 't was deem'd by our clergy to be almost treason to suggest the contrary : and if you consult our histories , you ll see , that queen elizabeth , in favor of our clergy , did many a time exercise this power ; on her entring the throne , she sent out a proclamation , that no man ( of what perswasion soever he was in the points of religion ) should be suffered to preach in public , but only such as should be licens'd by her authority : on which occasion no sermon was preach'd at paul's cross , or any public place in london , from december until the easter following ; and by it , those that could not subscribe the articles enjoyn'd meerly by regal power , were suspended and depriv'd : whence we observe , that if this power be inherent in the imperial crown of england , as hitherto our clergy , in opposition to fanatic clamors , have over and over asserted , the clergy are undoubtedly owing to his majesty's clemency for the free exercise of their religion ; for had not the king excell'd queen elizabeth of precious memory , in compassion and grace , their mouths would have been stopp'd long ago : on the other hand , if this power be not inherent in the crown , 't will inevitably follow , that the nonconformists have been most unjustly treated by our clergy . to conclude , the last result will be this ; our clergy must abide by their old avow'd doctrin , defend the king 's ecclesiastical supremacy , and acknowledge , that it is to his majesty's grace they are owing for their present liberty ; or condemn all their former practices against the dissenter , and turn over unto them : vtrum horum . farewell . finis . notes, typically marginal, from the original text notes for div a -e see. . eliz. c. . towards the end. the queens majesty , by the advice of her commissioners or metropolitan , may ordain and publish such ceremonies or rites as may be most for the advancement of gods glory , &c. rex potest novas leges condere circa caeremonias & ritus , cum concilio metropolitani vel commissariorum in causis ecclesi●sticis . zouch . descrip. jur. ecclesiast . par . . sect. . cosin . tab. c. . subscriptions requir'd before the eliz. c. . heyl. hist. q. eliz. an . . pag. . not only the complaints of the nonconformists in their prints , but our histories so frequently mention it , that 't would be troublesome to quote 'em all . we 'll therefore , mention what the lawyers say of it , and it is this , a subscription to the articles , so far forth , as the articles do agree with the law of god and the land , is not good , as was adjudged in & eliz. b. r. clark against smithfield . so godolph . abridg. eccles. laws . c. . §. . besides the canon . enjoyns this fuller subscription , that the king as supream head , may do whatever the pope might formerly do within this realm by canon law , is asserted by all our lawyers generally . see cok● . instit. . cawley . . q. eliz. c. . godolph . abridg. c. . §. , , . zouch . descrip. jure eccles. p. . §. . cosin . tab. c. . the lord c. j. hobart asserts , that altho the statute of . hen. . c. doth say , that all dispensations , &c. shall be granted in manner and form following , and not otherwise , yet the king is not thereby restrain'd , but his power remains as full and perfect as before . colt and glover against the bishop of covent . and lichfield . godolph . abridg . c. . §. . nullum tempus occurrit regi . they declare , that the book of common-prayer , and of ordering of bishops , &c. containeth nothing in it contrary to the word of god , and that it may be lawfully used , and that they will use the form in the said book prescribed , in public prayer , and administration of the sacraments , and none other . can. . art. . notes for div a -e if an act of parliament forbiddeth under a penalty , and it prove inconvenient to divers particular persons , the law gives power to the king to dispense therewith . so rolls and coke . see car. . the author of jovian assures us , that the government of this kingdom consists in the imperial as well as the political laws ; and whatever is requir'd by the imperial laws , if not contrary to the laws of god , mu●t be observ'd : so that unless acts of parliament be jure divinc , and the imperial law , or the word of the king is to act contrary , we m●st obev . joviar . edit . . p. . . synodus provincialis vel nationalis convocari non debet absque principis rescripto : nec tractari , nec determinari aliquid potest in synodo , nisi consentiente & assentiente principe . cosin . tab. c. . see cawley on eliz. c. . heylyn's hist. of q. eliz. p. . to a gentleman, a member of the honourable house of commons assembled in parliament. l'estrange, roger, sir, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing l thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) to a gentleman, a member of the honourable house of commons assembled in parliament. l'estrange, roger, sir, - . sheet ([ ] p.) s.n., [london : ] signed and dated at end of letter: newgate july . . sir, your servant roger l'estrange. includes [after letter]: to the honourable the commons assembled in parliament. the petition of roger l'estrange, prisoner in newgate. reproduction of the original in the british library. eng prisoners -- great britain -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no to a gentleman, a member of the honourable house of commons assembled in parliament. l'estrange, roger, sir a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - elspeth healey sampled and proofread - elspeth healey text and markup reviewed and edited - pfs batch review (qc) and xml conversion to a gentleman , a member of the honourable house of commons assembled in parliament . sir , your birth speakes you capable of honour , and reason ; your profession , of pietie and religion ; your imployment , and interest , they furnish you with occasion , and power of exercising those offices : which your qualitie , and protestations oblige you to . my misfortune wants such a friend , and necessitates me thus to seeke him : having attempted all other modest , and ordinary wayes in vaine . if you be that gallant man , be pleased to know , that i have suffered above twenty months imprisonment ; with what effect , either in order to my subsistence or health , i forbeare ; for sir , i intend only a sober representation of my condition , and desires : no libell , or satyre , as for my condition , it is such , as will speedily , and certainly destroy me , i hope better things ; but if i be destinate to ruine , me thinkes i might perish by some way more worthy of a gentleman . then to languish and expire among whores and theeves . as for my desires , my petition speakes them : and i would not be much impertinent . my request ( sir ) to you , is only that you will present this postscript-petition to the house , and but so far to favour it : as you feele your selfe in honour and humanitie concerned . if any man can object , and prove it , that i have ever abused any liberty , or civility i have received ; or that i have in the least scruple receded , from what i beleeved just and honest , let me dye for it . if not , i hope my sufferings may have expiated for my diversitie of opinion . i doe presage , this paper will heare much of vanity and ostentation . in truth i doe not like any thing of singularity ; but being reduced to this choice , either to rot in a goale , or thus to importune my liberty , having none other way left me ; this necessity ( i hope ) will justifie and excuse the course i have now taken . it is possible , a providence may conveigh this trifle into some kinder hand then i am yet acquainted with . if not , facilis jactura , it is but an essay lost ; if otherwise , this letter is yours . so am i ; both by obligation , and purchase : if you be that kind soule , who will make me , mine owne . newgate july . . sir , your servant roger l'estrange . to the honourable the commons assembled in parliament . the petition of roger l'estrange , prisoner in newgate humbly sheweth , that your petitioner hath suffered a long , chargeable , and harsh confinement ; wherby he is exposed to a certaine , and swift destruction , either by want , sicknesse , or both : without a seasonable redresse . wherefore he makes it his humble suite to this honourable house , that he may either upon his parole , or security , enjoy such liberty : as your honours shall judge proper , and necessary for his preservation , your petitioner standing engaged , not to act , or advise any thing of preiudice , to the parliament . and your petitioner shall ever pray , &c. a vindication of the imprisoned and secluded members of the house of commons, from the aspersions cast upon them, and the majority of the house, in a paper lately printed and published: intituled, an humble answer of the generall councel of the officers of the army under his excellency thomas lord fairfax, to the demands of the honourable commons of england in parliament assembled: concerning the late securing or secluding some members thereof. prynne, william, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing p thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) a vindication of the imprisoned and secluded members of the house of commons, from the aspersions cast upon them, and the majority of the house, in a paper lately printed and published: intituled, an humble answer of the generall councel of the officers of the army under his excellency thomas lord fairfax, to the demands of the honourable commons of england in parliament assembled: concerning the late securing or secluding some members thereof. prynne, william, - . , - [i.e. ] p. printed for michael spark an [sic] the blue bible in green-arbour, london : . attributed to william prynne. a reply to "the humble answer of the general councel of officers of the army, under his excellencie, thomas, lord fairfax", dated jan. . the last four pages are numbered , , , . annotation on thomason copy: "jan: ". reproduction of the original in the british library. eng england and wales. -- army. -- council. england and wales. -- parliament. -- house of commons -- expulsion -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason e _ ). civilwar no a vindication of the imprisoned and secluded members of the house of commons, from the aspersions cast upon them, and the maiority of the ho prynne, william d the rate of defects per , words puts this text in the d category of texts with between and defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion a vindication of the imprisoned and secluded members of the house of commons , from the aspersions cast upon them , and the maiority of the house , in a paper lately printed and published : intitvled , an humble answer of the generall councel of the officers of the army under his excellency thomas lord fairfax , to the demands of the honourable commons of england in parliament assembled : concerning the late securing or secluding some members thereof . psal. . , . commit thy way unto the lord , trust also in him , and he shall bring it to passe . and he shall bring forth thy righteousness as the light , and thy judgement as the noon-day . london , printed for michael spark an the blue bible in green-arbour . . a vindication of the imprisoned and secluded members of the house of commons , from the aspersions cast upon them and the majority of the house in a paper lately printed and published : intituled , an humble answer of the generall councel of the officers of the army , &c. to the demands of the honourable the commons of england , &c. after our being secluded , and some of us imprisoned , and detained from our service in the house of commons ( of which we are members ) now for above six weeks space ; finding a paper published in print against us , wherein we are reproached with the names of traitors , apostates , self-servers , corrupt members , and divers other aspersions of the like nature charged upon us ; we are enforced ( for our vindication , and which is dearer to us , the vindication of the freedom and honour of the parliament , and for preventing the matters suggested against us in that paper from abusing those by whom we are entrusted , who might judge us guilty , if should be silent ) to make this ensuing answer to that paper . in the preamble of this answer , by way of accompt , concerning the securing some members , and secluding others ; it appears by the proposals of the sixth of december , the late declaration and remonstrance therein cited , that this designe to break the house by force hath been long since plotted and contrived , though not executed untill now . which action the general councel of the army in their answer say , we acknowledge it to be a course in it self irregular , and not justifiable but both by honest intentions for publick good , and an extraordinary necessity for the same end leading us thereunto . these being the two pillars upon which is laid the whole weight of the justification of the army in this extraordinary and ( we beleeve ) unparallell'd course of proceedings ; we shall apply our selves to discover the weaknesse and unsoundness of them both . for our more clear proceedings herein , we shall first state the case which is endeavoured by this paper to be justified . they are an armie raised and formed by ordinance of parliament of the of february , for the defence of the king and parliament , and true protestant religion , the laws and liberties of the kingdom ; and to be from time to time subject to such orders and directions as they shall receive from both houses of parliament . and for that end they stand commissionated by them , and receive pay from them at this day . and besides the trust they hereby have assumed , they are under the obligation of a solemn covenant sworn to almighty god , that they will in their places and callings ; with sincerity , reality and constancy , with their estates and lives , preserve the rights and priviledges of the parliament , and the liberties of the kingdome ; and defend the kings person and authority in the defence of the true religion and liberties of the kingdom . they being under these trusts and ? obligations by and to the houses , with their arms , contrary to their orders , marched into westminster , and without any order from them , they placed some of their regiments at and about the door of the house of commons upon the sixth and seventh of december last , and there ( with a list of the names of divers members of the house ) their officers and souldiers ( appointed for that purpose ) forcibly secluded some , seized upon , imprisoned , and detained others from their attendance of the house , and occasioned many others to absent themselves . the question now is , whether any thing in this paper can justifie this action of theirs , either upon the good intentions or necessity pretended therein . this being the point in issue , which they affirm , and we deny : we shall now proceed to consider their grounds . for their good intentions , which cannot be known to us but by their expressions and actions , they referre us to their proposals , declarations and remonstrances : where wee finde their desires are to take away the kings life , to take away the lives of the prince and the duke of york ; at least , to dis-inherit both them and all the kings children ; to put a period to this parliament ; to set up a new representative , which takes away all parliaments ; to have an elective king , if any . these are the intentions for publick good , which must come in to help their actions , that are confessed to be otherwise irregular and unjustifiable . we think the very naming of them doth manifest , that they are apparantly against the laws of god , and the laws of the kingdom under which they live , and have no justification for themselves , much lesse any to spare for their actions ; whereof we leave the whole kingdome ( for whose good , as said , these intentions are ) to be judges . and we shall produce no other witnesse to prove this , but themselves . on the of november , , the paper called the agreement of the people , which is somewhat lower then these which they call intentions for publick good , was condemned by the army ; the promoting of it judged capitall , colonel rainshorough and major scot complained of by them to the house for appearing in it , and the paper it self then adjudged by the house destructive to government , and the being of parliament . and upon this their evidence against themselves we leave this point . and to proceed to the other ground of their justification , viz. extraordinary necessity , which is laid down in their paper thus : after they have brought in their good intentions for their justification , ( and what those are , we have cited out of their own papers , to which they refer us , ) it is then added , and an extraordinary necessity for the same and leading us thereunto . it appears in the first opening of this necessity , of what nature it is , that tends to such ends as they referre it . but for the better disquisition thereof , before we come to the particulars to set forth this necessity in this paper , we shall lay down some generall observations and conclusions concerning this their plea . . the army made the very same plea of extraordinary necessity in their remonstrance june . , that now is made in this paper , upon quite contrary grounds then what they expresse now ; and both to justifie the same extraordinary violent proceedings against the parliament : differing onely in degrees , this later worse then the former . then when the king was seized upon by a party of the army , without order from the house , and the army advanced against the parliament , they say in their letter to the house july the , , there have been severall officers of the armie , upon severall occasions sent to his majestie : the first , to present to him a copy of the representations ; and after that , some others to tender him a copie of the remonstrance : upon b●th which the officers sent were appointed to ●leer the sense and intentions of any thing in either paper whereupon his majestie might make any question . there they treated with the king ; and now they offer violence to the parliament for treating with the king . then in their remonstrance ju● . . , it is said , we ch●rly professe , we do not see how there can be any peace to this kingdom firms or lasting , without a due consideration of , and provision for the rights , quiet and immunities of his majesties royall family , and his late partakers . now they judge the majority of the house corrupt , and proceed violently against them for moving one step towards a peace with the king , though he hath granted more then all their proposals , and make this a necessity sharp enough to justifie the using of their swords contrary to their commissions . this were cause enough to make the unsoundnesse of this plea of necessity appear to all the world , and even to be suspected by themselves , that serves to justifie contradictions which they are put to , by making themselve judgess of those things they have no calling to meddle with ; and taking them out of those hands to whom of right it belongs to judge them . . this plea of necessity which is made in this paper , is destructive to all government . for by the same reason that the general officer urgeth necessity for acting against the command and persons of his superiours , and makes himself judge of that necessity ; the inferiour officer may urge the same necessity in his judgement to act against the commands of his generall ; and the souldiers may urge the like for acting against their officers ; and any other men in the kingdom to act against the army ; and this army to act ( as against this parliament , so ) against any other government of representative that shall be set up ; and so in infinitum . . did the members of parliament proceed in parliament contrary to their trust in the judgement of those that did elect them : yet it is manifest , that the power of advising , voting and acting being placed in the members of parliament by the law of the land , and ancient rights of parliament , they are not accountable , much lesse censurable for the use of it according to their own judgment and consciences , though contrary to theirs that chose them . they are only in such cases accountable to , and censurable by the house ; which they could not reasonably be , if they were cens●rable by the people that sent them . for then the parliament might judge that good service , which the electors judge evill : & è convers● , the electors may judge that evill which the house may judge to be good ; and so no man can be safe or free in the service of the parliament . but were power and trust placed in the members of parliament by law , only to be used or not used , valid or null , at the electors judgment ; yet in such case the members of parliament were only accountable to the counties , cities or boroughs for which they serve ; and not to strangers : and in no case are they accountable to the army ; who are so far from being those from whom they received their trust , that they are only persons in a subordinate trust under them , for their defence from force . which how well they have performed , we leave to the judgment of all those who observe their present proceedings . . these actions , which they undertake to justifie , are contrary not onely to their trust , but to the express letter of the covenant and protestation which they have taken . and breach of oath being a morall evill , it is not to be justified by necessity and good intentions . saul , though a king and thereby qualified to do justice ; yet for executing the gibeonites against a covenant made many hundred yeers before , and gained subtilly by the gibeonites , who were not of the children of israel , but of the remnant of the amorites ( with whom he might presume to be more bold ; ) and though he did this in his zeal to the children of israel and judah ; yet this necessity in his judgment , for publick good , could not warrant him ; god brought a famine upon the land for this breach of covenant , which ceased not untill it was expiated by the death of seven of his sons that did commit it . see here by this instance what legacy they by their present actions may leave to their posterity . having thus laid down these considerations of this plea of necessity in generall , it thereby appears , should we say no more , though we should be guilty of the ●ensuing particulars with which we are charged , yet they could not be innocent , nor justified in what they have done against us . but for 〈◊〉 furth●● clec●●●g , and their further conviction , we come now to enquil● in●● those particulars in this paper , in which they h●ld forth the necessity that must bear them one ; wherein the question betwixt us , admitting necessity , would justifie th●●● proceedings is thus ; whether that which is assigned in the particulars following in their paper , be that necessity wherein we shall joyn issue with them , and freely put it to tryall upon the particulars following , which are six in number . but before we enter upon them , we must take notice of what is said from the end of the second page of their paper , unto the end of the fift page , wherein are used many words to shew how the majority of the house came to be formed to serve the kings , and other corrupt interests . the sum of all which is , that by the endeavours of some whom they call old malignant members , and by the practises used in the new elections , there came in a flood of new burgesses , that either are malignants or ne●ters . to which we answer , that what is done by the majority of the house , it is the act of the whole house ; so what is done against the majority of the house is done against the whole house : and to the charge against the new burgesses , as it is cleer , the ordinance for new elections was not carried by those we call old malignants , ( if there be any such in the house ) except the major part of the house was alwayes malignants , and before the new election so , for the members which came in upon the new election , which are called neuters or malignants in generall , without fixing upon any one particular member , to which a 〈◊〉 all in generall were sufficient : yet we shall further adde , that of all those members of the new election , that are secluded or imprisoned , we know none but whose elections are allowed by the house , and who are proper judges thereof ; and who either by their services as souldiers for the parliament , or in their committees , or otherwise by imminent services or sufferings in their cause , gave a testimony of their faithfulnesse to the parliament before they were elected , which may free them from the name of neuters and malignants . and it were not hard to shew that many officers of the army who came in upon the last elections , are chosen by those places where they were scarce known , and wherein they have no interest of their own ; and by what other influence they obtained those elections , we leave it to themselves to judge , 〈◊〉 whom it is best known ; and so come to the first of those six particulars , wherein is assigned the extraordinary necessity to justifie their proceedings in their own words . first , the betraying of ireland into the enemies bands by recalling the lord lisle from his command there , and putting the best part of that kingdom , and where the parliament had the strongest footing , ( munster ) into the hands of inchequin a native irish man , who hath since revolted from the parliament , hath lately united with the irish rebels , and with them and ormond again , engaged with the king . to which we answer ; that if munster be that part of ireland wherein the parliament had the best interest , the lord inchequin did come in himself , and bring that interest to the parliament , whom he served against the irish rebels , and preserved a possession in munster for the parliament , during the heat of their wars in england , when they had little other interest in ireland , and lesse means to relieve them out of england . that the lord lisle was not recalled from his command there , but his commission for lord lieutenant of ireland expiring about the fifteenth of april . his lordship on the seventeenth of april took shipping for england . after the lord lisles departure out of munster , the lord inchequin proceeded successively against the rebels , and took from them many considerable forts and castles ; the garrison of oramanagh , capp●quin , the town and castle of dungarvan , the castle of calur , and others ▪ and upon the fourteenth of november following , at the battell of knocknowes he obtained one of the greatest victories that ever was gotten over the rebels army , under the command of the lord taff , wherein were taken of the enemies horse two hundred , slain of the foot four thousand ▪ officers taken prisoners sixty eight , arms fix thousand , the lieutenant generall slain : for all which , we refer the reader to the letters and papers concerning these severall services presented to the house , and by their orders published in print . these were such testimonies of his reality to the parliament long after the lord lisles coming out of munster ; that the house did not call it into question , and nothing to the contrary appeared to the houses untill the third of april . the army here having disputed the parliaments commands , the lord inchequin began to enter into remonstrances and engagements against the parliament , for which he made the remonstrances , engagements and declarations of the army the summer before , both the cause and president ; as by the relation made to the house , published in print , doth appear . we mention not these things in the least measure to justifie the lord inchequins revolt from the parliament , but have onely related the truth of the matter of fact , for our own justification against the charge in this paper , of betraying munster ; and we leave to the reader to judge , whether the army hath cause to complain of us , or reflect upon themselves for the losse of munster : and proceed to the second particular , viz. their endeavours to bring in the king upon his own terms , without satisfaction and security to the kingdom , viz. upon his message of the twelfth of may . and to this end , with so manifest injustice and indignity , to di●band the army , before any peace made or assured . for the engagement of the twelft of may , it is well known the house of commons upon the first knowledge of that engagement voted it to be treasonable , and afterwards both houses by ordinance of the seventeenth of december . put 〈◊〉 inc●patity , upon all those in or about the city of london , that entred into , or contrived , acted or ●●etted that engagement , of bearing any office in the city of london for that yeer ; which we take to be a sufficient evidence to prove us herein a right majority , as in other parts of their paper , they take the votes of the house to prove us a corrupt majority : the charge here lying onely in generall , and not fixed upon any particular . yet for our further cleering , besides the testimony we have given against the bringing in the king upon any such tearms , by our continued insisting upon far higher tearms , to which the king hath agreed in the late treaty ; we doe every one of us for our selves respectively , professe our utter dislike of that engagement , or any endeavour to bring in the king upon any engagement made or contrived without the house . and for what is said concerning disbanding of the army , we say , that the votes of the house , that eight regiments of foot , four of horse , and one of dragoons should be sent out of the army to ireland , which was desired might be in one entire body , and their resolution to contain ten thousand foot , and five thousand four hundred horse , under the command of the lord fairfax , for the necessary defence of the kingdom , ( as the state of affairs then stood in england and ireland ) as it was to no such end , as is alledged , but for the relieving of poor distressed protestants in i●eland , the easing of the heavy pressures lying upon the poor people of this kingdom , and an honourable and fit imploying the forces of that army to prevent the high distempers that since have ensued , so as it was no injustice nor indignity to the armie . to the third article , viz. that they endeavoured to protect the eleven impeached members from justice , and endeavouring with them to raise a new war . we say , that as we desire no other protection then our own innocency , and the laws under which we live , so we never gave any other protection to the eleven members , then what stood with law and justice . and for the mislending of two hundred thousand pounds , or the greatest part thereof , which w●● designed chiefly for ireland : we say , that about eighty thousand pound of that money was paid to mast●●nicholas loftus and others for the service of ireland and above fifty thousand pound to the treasurers at wa● , for the army ; which might with more reason be said to be misimployed , in regard there is an establishment for their pay another way , unlesse part of the army had gone to do ireland service for that money : then what the reformado officers and souldiers , who obeyed the orders of the house for disbanding , who received , pressed the more earnestly upon the house for part of their arrears , after their declarations and remonstrances by the army , for satisfying the arrears of all the souldiers in the kingdom were published . for the fourth article , their countenancing , abetting , and partaking wish the tumultuous violence of the apprentices and others against both houses of parliament . it seems strange to us , when they had this in their thoughts to charge it as a crime upon us , they did not think of what themselves are doing , and much more that they should urge the force offered to the house then ( which they declared horrid and treasonable ; ) to justifie the violence offered to the house by them , of a far higher nature . if it were a crim in the apprentices , why do the army the same thing ? if it were no crime , why doe they complain of us for abetting and partaking with it ? wherefore , we say , that there is not the least colour or shadow of truth ; and doe every one of us for our selves respectively utterly deny it . and for setting up a new speaker , the house of commons did no more then what in all ages hath been their undoubted right to do in the case of want of a speaker . and as to the ordinances and votes then passed , we should make a particular answer thereunto , but that by the ordinance of the . of aug. following , they are made void and null in themselves , which silences us for the present . for the fifth article , the holding correspondency , ingaging and assisting the tumultuous petitioners last spring , the rebellious ins●●rections in kent , the revolted ships , and prince of wales , and with the scots armie . we do every one of us for our selvel respectively denie the having any hand therein . having thus given our answers to those five particulars wherein the necessity is assigned , by which they endeauour to justifie their proceedings against us ; wee leave it to the judgment of their owne consciences , whether they doe not bear witnesse within them , that in all these particulars they have groundlesly accused us of those things of which they for the most part are guilty , and know us to be innocent . in these we have used the more brevitie , that we might be the more large upon the sixt section of the paper ; wherein they say , that when the army was dispersed and engaged in severall parts of the kingdome in opposing the enemies , suppressing the troubles these men had raised ; and when many faithfull members of parliament were employed abroad upon necessary publique services , and others , through malignant tumults about the citie , could not with safetie attend the house , then the corrupt and apostatizing party taking advantage of these distractions and diversions , which themselves had caused ; first recalled in those members , &c. then they recalled those votes for non-addresses , and voted a personall treatie with the king . to all which scandalous aspersions wee answer : that they are altogether groundlesse ; if there were any reality in what they would here insinuate , that the proceedings of this treaty were not by the concurrrence of the house , but surrepticiously gayned , by taking advantage of the absence of many faithfull members ; why doe they complaine then in other parts of their paper , that the majorit●e of the house is corrupt ? and take paines to shew , how the majoritie of the house came to be formed to serve the king and other coreupt interests , or what necessitie was there for them to force the absence of two hundred members of the house at 〈◊〉 ? for what i● done in this treat●e , if the complaint here be just , that 〈◊〉 proceedings thereunto were through the absence of the members that could not with safety attend the house , and for the distractions in the countries , which they speake of . it is manifest to all men , that heard the cryes of the countries at that time , who in part occasioned those distempers , even in the countri●a neerest and best affected to the parliament , who never , during the warre , exprest so high contempt to the authority of parliament , untill the like had bin first done by the armies quartering upon and amongst them a little before . and although the president was followed by sea and land , almost to the ruine of parliament and kingdome , yet those members ( if they meane such as are imprisoned and secluded ) which they most uncivilly and nuchristianly ) requite with the reproach of apostates , were many of them imployed and did improve the utmost of their interests in la●cashire , yorkeshire , lincolneshire , heref●rdshire , hampshire , suffolke , essex , london and surrey ) and many other parts of the kingdome , to quiet distractions and oppose insurrections , which the extremity of the armies proceedings had i● part occastioned . we never judged tumults , nor insurrections the way to peace and settlement . and for the charge of some of the eleven members , to have taken commissious from the prince , w●lay , and every of them for themselves affirming the charge of their taking commissions from the prince , or any other whatsoever , by verieu of his authority , is a most malicious and scandalous asperstion ; they abhorring to deviate in the least from what their primitive engagements were ; which they have from first to last continued in , and shall doe ( by gods assistance ) notwithstanding all calamnies cast on them , or sufferings ( though to the utmost ) for so doing . having thus cleared the entrance to the treatie from th●se prejudices laid in the way therunto ; we come to that vote of the house decemb. . that the answer of the ke●● to the propositions of both houses are a ●ound for the house to proceed upon for the settlement of the peace of the kingdome . of which they say , that though they advanced hither to attend providence for the opening some way to avoid the present evils designed , and introduce the desired good into the kingdome ; yee they said nor acted nothing in relation to the parliament nor any member thereof , untill by that vote passed decemb. . they found the corrupt majority so resolvedly bent to compleat their design in bringing in the king , &c. doe they call their threatning remonstrance sent to the house , and the declaration then published to explaine the meaning thereof divers dayes before this , a saying nothing in relation to the parliament ? and their marching up to the citie of london and westminster with so many regiments of the army , contrary to the order of the house , a doing nothing in relation to the parliament . by this it seemes the passing of this vote is the very point of that necessity , which they take to justifie all their present actings , in relation to the parliament . for before that passed , they say they acted nothing ; therefore we shall be more large upon this subject . we shall therefore first state the matter in difference betwixt the propositions of the houses and the kings answers . as the propositions to the king in the isle of weight contained in them all that security which the houses have judged necessary to propose for themselves , those that have adhered to them in the warres , and for the peace of the whole kingdome ; so the king granteth all those propositions in which the main security resteth , viz. his majestie granted the first proposition for taking off declarations , &c. as was desired . his majestie granted the third proposition concerning the militia , as was desired . his majestie consented to the proposition of irela . limiting the time of the parliam . disposing offices to . yeers . his majesty consented to such acts for publike debts and publike uses as should be presented within two yeeres , and incurred within the time . his majesty granted as it was desired to the proposition ●ncerning peers . his majesty granted the disposing of offices in england to the parliament , so that the time limitted exceed not twenty yeares . his majesty granted the taking away the court of wards , having l . per annum allowed in leiw thereof , to bee raised as the parliament shall think fit . his majesty granted to declare against the earl of ormonds power and proceedings after an agreement with his houses . the onely difference remaineth upon two propositions : that concerning delinquents , and that concerning the church . for the first of these , wee shall here set down that part of the kings ●●all answer , wherein the difference lieth . and his majesty doth consent , that the severall persons comprised in the said propositions shall submit to moderate compositions according to such r●tes and proportions as they and the two houses shall agree upon . the particulars whereof , his majesty leaves wholy to such agreement , desiring only that the rates and value may be mittigated and reduced to a more moderate proportion ; and his majesty will give way that the persons insisted upon by his two houses , shall be removed from his councell , and be restrained from comming within the verge of the king , queenes , and princes court ; and that they may not beare any office or have any imployment in the state or common-wealth , without advice and consent of both his houses of parliament . but his majesty cannot agree that those who do the contrary shall incurre such severe penalties , as to be guilty of high treason and forfeit their lives and estates without any capacity of pardon , as in the said proposition is contained there being a penalty legally implied upon the breach of any act of parliament , which his majesty intends not to disponce withall . as to the seven persons mentioned in the said votes to bee excepted , his majesty for the peace of the kingdom will consent that they may absent themselves out of the kingdom for such time us the two houses shall think fit , desiring neverthelesse that they may be admitted to composition for their estates ; and if any of them shall be proceeded against according to the ancient and established law of the kingdom , his majesty will not interpose to hinder any legall proceedings thereupon ; but that his majesty should joyne in any act for the taking away of the life or estates of any that have adhered to him , his majesty cannot with iustice and honour agree thereunto . as to all other persons mentioned in the propositions , his majesty will further consent , that they shall not sit or vote as members or assistants in either house of parliament , nor continue nor bee of his majesties privy councell , officers of state , or iudges , or in other offices without consent of both houses . as for all clergy men against whom any scandalous life can be proved , or other legall charges , his majesty wlll remit them to the law . but for all others who shall conforme to what his majesty and his two houses shall agree upon , his majesty conceives fit where their livings are void they may be restored to them , and where any other is incumbent in any of their preferments , that the party now outed of his living may receive a third part of the profits , unlesse he be otherwise provided , that thus the one may not want a livelihood , nor the other be outed of any living , untill some fitting preferment be found for eithor . in this answer , though the king doth not fully grant what the houses desire , yet he consents to joyne with the houses in making them incapable of bearing any office of publique trust without the consent of the houses . and for these , whom the houses propose to compound with the king leaves them to such compositions as they and the houses shall agree on , which is the conditioo they are now in ; the houses forceing composition upon none but by sequestration of their estates , which continues untill they compound . and for these whom the houses proposed to proceed against capitally , the king leaves them to a legall tryall , with a declaration , that he will not interpose to hinder it which satisfied , the maine grievance of the parliament ( as we conceive ) dedeclared in the beginning of their war concerning delinquents , which was not for that the king refused to joyne himself with the houses punishing of delinquents , but for that the king by force of armes protected delinquents from justice ; and all that the house did desire in the proposition concerning delinquents presented to the king at oxford , february . was that your majesty leave delinquents to a legall tryall and judgement of parliament . and wee see not what evasion from iustice is left to such as have made war against the parliament and law of the land , when the king first by a law declares the parliaments war to be just , and afterwards leaves these that had fought against them to the judg●ment of the ●awes . the second proposition wherein the onely materiall difference resteth , is that of the church , which standeth thus , viz. the houses proposed that a bill be passed for the utter abolishing of arch-bishops , bishops , &c. and for sale of bishops lands , that reformation of religion bee setled by act of parliament in such manner as both houses have agreed or shall agree upon : to which the king answers , that it is his judgement and conscience , that he cannot ( as he stands yet informed ) abolish episcopacy out of the church ; yet because he apprehends how fatall new distractions may be to this kingdom , and that he beleeves his two houses will yeeld to truth if that shall bè manifested to them , if convinced , his majesty doth again desire that there be a consultation of divines as he hath formerly proposed , and his majesty will suspend the episcopall power as well in point of ordination of ministers , as in that of iurisdiction , untill he and his two houses agree what government shall be establisht in the future . as for the bishops lands , though hee cannot consent to the absolute alienation of them from the church , yet he will agree t●at the propriety and inheritance shall by act of parliament be setled in the crowne to be declared in trust for the use of the church-men , to be imployed by his majesty , his heires and successours with advice of his two houses for the use aforesaid , and that leases shall be made for lives or years ( not exceeding years ) for the satisfaction of the purchasors and contractors according to his former answers , or reserving the old rents or other moderate rents for the maintenance of them to whom they did formerly belong , and for the future benefit of the church : and in all things else , his majesty refers himselfe to his former answers . and in his former answers dated october . . he consents to the taking away all arch-bishops , chancellours , commissaries , deans and sub-deans , and chapters , arch deacons , cannons , and prebendaries , and all chanters , chancellours , treasurers , succentours , sachrists , old vicars , new vicars of any cathedrall church , and all other their under officers , out of the church of england , dominion of wales , and church of ireland , in these answers ( as wee conceive ) the king takes away the government of the church by arch-bishops , bishops , &c. by his taking away their courts ; the bishops having no authority to convent any person , send for any witnesse , heare any cause , passe any censure or judgement , or exercise any acts of church government , but by and in their courts , which being by this answer abolisht , the government fals . and for their power of ordination ; though it bee not absolutely taken away , yet the exercise of it is susp●nded , so as it is equivalent , for the bishops can never exercise that power againe in england , untill they be restored hereunto by act of parliament ; and if that power had been absolutely taken away , yet if the king and both houses of parliament restore it , it is againe establisht : so that the maine desect in this answer is , in that the king agree● to settle the presbyteri●n government onely for three yeares , and that at the end of that time there is no government in the church ▪ untill it bee setled by act of parliament . wee professe herein that the kings answer comes farre short of what we desired , and of what we shall use our best endeavours fully to effect according to former engagements ; there being nothing wherein wee should more rejoyce , then to see as the power and purity of doctrine , so the beauty of order and golden reynes of discipline strengthned and establ●sht by a perpetuall law amongst us . yet the king consents to the s●●ling of this government in this answer for so long a time as the hou●es formerly in their ordinances presented to him at newc●stle , did themselves think fit to settle it . this b●ing the true st●te of the d●fference betwixt the kings answer and the proposi●ions of the houses for a safe and well grounded peace ( which were the subject of the houses debate , decemb. the th . ) we shall in the next place , before we come to those reasons , which induced us thereupon to vote that , &c. we shall premise first , by this vote the house did not determine ( as we conceive ) the having no further treaty with his majesty before a concluding and declaring of peace , nor was the houses so bound up hereby , that they could not propose any thing further , wherein the kings answers are defective , or from making any new propositions for the better healing our b●e●ches , or more safe binding up a just and righteous peace , which as it doth appeare by the words of the vote it selfe ; so it is also manifest to bee the full purpose and sense of the house therein , by their laying aside the former vote ( that the kings answers are satisfactory ) by a question upon a long debate . and at the same time framing and passing this vote , whereby they only lay hold of these large concessions , and declare their judgements thereupon against a breach with the king , and continuance of this unnaturall warre betwixt the king and his people , upon the difference at last by the blessing of god brought into so narrow a compasse . and this being a true state of the matter then in debate , and our sense in the vote that passed thereupon , wee judged it most consistent with our duties as christians , and our trust as members of parliament , to make this step ( having so much ground given us ) towards the happy settlement of thi● kingdom in peace . this being publisht in print to be so high a crime in us , as to justifie whatsoever the army hath done against vs , and god and man being appealed unto therein . we shall here lay down some of the considerations both on the one hand and on the other , which carryed our iudgements to the passing this vote . . the advantages by this proceeding towards a close with the king upon what hee hath granted , are the saving of the kingdome of ireland out of the hands of the bloudy popish rebels , and preserving it to the crown of england ; the regaining the revolted navie , and freedome of the seas ; the support of the ancient and well constitu●ed government of this kingdome , the honour of parliament in making peace after so troublesome a warre ; and in a word , the stoping the most sad issue of english bloud that ever was opened in this nation ; and the putting of the people of this kingdome into possession of greater security of their lawes and liberties against the over growing power of the kings prorogative , then ever any of our ancestors in the greatest of their successes could ever attaine unto . the consequences visible in our eyes , if we should upon the matter in difference have made a breach with the king are : . the deposing , if not the taking away the life of the king ; what miseries upon either of these have formerly ensued to this kingdome our own histories tell us . although for the latter ( which wee unwillingly mention ) there was never any president for it in this kingdome , nor ever made by any protestants in the world ; and we desire it may never bee done by any in this kingdome , being that , which from our harts we doe detest and abhorre . we cannot but remember in the end of our warre the day wherein god hath given vs prosperity , the declarations which we made in the beginning of our warre , and the obligations which we laid upon our selves and the kingdome when we were low . in the petition of lords and commons presented to his majesty by the earl of stamford &c. april the th . are these words , viz. that you will please to reject all councels and apprehensions which may any way derogate from that faithfulnesse and allegiance which in truth and sincerity we have alwayes born and professed to your majesty , and shall ever make good to the uttermost with our lives and fortunes . in a declaration and protestation of the lords and commons assembled in parliament , setting forth the cause and ends of their taking up armes , to this kingdome and to the whole world ; octob. . . are these words , viz. we the lords and commons in this present parliament assembled , doe in the presence of almighty god for the satisfaction of our consciences and the discharge of that great trust which lies upon vs , make this protestation and declaration to this kingdome and nation , and to the whole world . that no private passion or respect , no evill intention to his majesties person , no design● to the prejudice of his just honour and authority , engaged vs to raise forces , and take up armes against the authors of this w●rre , wherewith the kingdome is now inflamed ; and we have alwayes desired from our hearts and souls , manifested in our actions and proceedings , and severall humble petitions and remonstrances to his majesty , professed our loyalty and obedience to his crown , redinesse and resolution to defend his person , and support his estate with our lives and fortunes to the uttermost of our power , &c. a declaration of the lords and commons , in answer , &c. concerning the allegations that the army raised by the parliament is to murther and depose the king , we hope the contrivers of the declaration or any that professeth but the name of a christian could not have so little chari●y as to raise such a scandall , especially when they must needs know the protestation taken by every member of both houses , whereby they promise in the presence of almighty god to defend his majesties person , the protestations made by the members of both houses upon the nomination of the earle of e●●ex to be generall , and to live and die with him , is exprest that this army was raised for the defence of the kings person . in the solemn league and covenant , for reformation and defence of religion , and honour and happinesse of the king ; thus having before our eyes the honour aend happinesse of the kings majesties person and his posterity , we shall sincerely , really and constantly , through the grace of god , endevour in our several places and callings , to preserve and def●nd the kings majesties person and authority , in the preservation and defence of the true religion and liberties of the kingdom , that the world may beare witnesse with our consciences that we have no thoughts or intentions to diminish his majesties just power and greatnesse , &c. and it appeared not unto v● to be consistent with the publike faith of the houses in those decl●rations , nor with other obligations which we have laid upon our selves by these oa●hes , covenants , & prote●●ations ; to hazard ▪ the deposig of the king from his crown & dignity , much lesse the losse of his life upon the making of a breach upon the matter in difference . . we could not but foresee the apparent losse of the kingdom of ireland and extirpation of english protestants , and of the protestant religion out of that kingdom into the hands and power of pa●ists in arms there . we cannot but believe our tendernesse to make a breach of proceeding out of hearts desire to relieve and preserve the remnant of those poor protestants , which otherwise are like to be a prey to the popish rebels ▪ who are not satis●ied with the lives of many thousands of innocents ; whom they have already murthered , will justifie vs before god and men for what we have done in endeavouring to lay hold upon the grounds given vs towards the settlement of peace . . we could not but apprehend with fear , the great advantage to the popish and forraign interests , and the disadvantage to the protestant cause in this kingdom and throughout the world ▪ by a breach . the prince and duke of york the two next heirs to the crown and government of three kingdoms , both in for●aign par●s and under the 〈◊〉 direction . if the warre be stilll continued by the parliam●n● upon the matter in differenc● , it may be feared the prince may marry with the daughter of a popish king ostrengthen himself both at land and sea by forraign alliance ( to which the right of his inheritance to three kingdoms , is a faire invitation ) unto which the popish interest in ireland prevailing , giving such an advantage , together with the assistance of the papists in this kingdom ; what can be expected for vs but to be certainly the the seat of warre , and in great danger to be brought under a popish yoak ? which we beseech almighty god to keep us from . : it is obvious that a breach made at this time upon the grounds afore-mentioned , as it will divide vs amongst our selves , hazard the losse of ireland ; so it is like to lay a foundation of a perpetuall breach betwixt these two kingdoms of england and scotland . if there should bee any thought of change of government here , how contrary are their declared principles both of their state and church thereunto ? the king of england is king of scotland , and they are under allegiance and covenants for the preservation of the kings person and his posterity as well as we : what diff●rences are l●ke to ensue betwixt the kingdomes , by government against gov●rnment , perhaps title against title , and one kingdom against the other ? and this kingdom being the more wealthy , most probable to bee the seat wherein all the tragick sceans and contentions betwixt both kingdoms shall bee acted ; & what have we in reason or conscience before god or man to beare us out against these many and eminent hazards ? wee had consideration of the vast debts which the kingdome lies under , and for which the publique faith stands ingaged . of which wee see no hope of payment , but by a settlement . what vast summes of money are owing to this army , and to all the souldiers in the kingdom ? what multitude of extream sufferers in this city ▪ and in every county of the kingdome , by what they have lent to , and lost for the parliament ? who by the continuance of the warre are onely like to bee paid with more sufferings and exactions , upon what is yet left them : and every yeers warre is like to make new malignants through discontenting pressures ; destroy more families ; increase the publique debt to be paid ; and withall increase the kingdomes wants , and make it the lesse able to pay , untill at last the souldier seeing no hope of pay , the people no hope of peace , but generall and desperate tumultuousnesse , fall amongst both , by laying hold of what is now agreed might bee prevented , the king having agreed to what is satisfactory for the payment of publique debts , and damages , which yet may in good measure bee performed to satisfie the souldiers , lenders , and sufferers , and ingage them to the interest of our peace . lastly , when we cast our eyes upon all parts of the kingdome , the present scarcity in the countries , the povertie and disorders in our cities ; or when wee look at sea , and behold our navy divided ; our merchants robbed ; our trade decayed , confusion threatning us on every side , these made our bowells yerne within us , and call aloud upon us to improve the season and advantage offered by this vote . before wee conclude this point , wee must give answer to an objection which they insinuate ( to aggravate the passing this vote , by us in these words , viz. although the king had finally denyed such things , from some of which by their covenant ( whereto they had pretended so much zeal ) and from others by their publique faith given , they were obliged nos to recede . by which this paper seems to glance at the proposition for abolishing of arch byshops , byshops , &c. for sail of their lands , and for settling the presbyterian government . we cannot but observe its said their coven●●t ( and not the covenant ) to which they pretended so much zeal . is it not their covenant who have taken it as well as ours ? we say we took the covenant without any equivocation , or mental reservation ; and by gods assistance have endeavoured and shall indeavour to continue faithfull therein , although they seem here to scorn both it and us . if they make this objection with any sincerity here , what is meant in the third page of their paper by these words viz. div●ns of those whose principles were more complyant to a closure with the king upon satisfaction in the particular matiers especially concerning the form of religion and church government which they mainly aff●ct●d . there they suggest that wee fall in with malignants to obtain the church government , which wee affect , and here they insinuat : that we break the covenant in not insisting more for it . but for the covenant , wee say the kings answer takes away church government by arch bishops , bishops , &c. by taking away their courts , and so farre takes away their power of ordination that it can never be revived again , but by an act of parliament : so that episcopacy is divested of any actuall being by the law of the land , and instead thereof the presbyterian government is put into possession by a law for three yeares . and wee say , that the king having granted the rest of the propositions and so much in this , the covenant doth not oblige us to make warre upon this point to gaine what wee desired after the three yeares , and shall really and constantly endeavour to obtain in our places and callings . nothing could have made the kingdome more irreconsileable to the presbyterie then to have made that the sole obstruction of the peace , and state of warre● and it is evident ( except wee should put out the eye of our reason ) that besides the hope we might have of his majesties comming neerer to us in this point , and in the covenant it selfe , upon our comming neerer to him in the absolute concluding and declar●ng of peace ; the parliament , by what is granted already , is put into a better capacity for setling presbytery by a perpetuall law , then ( as things now stand ) they can reasonably presume of by the continuance of warre . the power of the sword apparently threatning not only the destruction of this government of the church ▪ but the being of the church ( if almighty god prevent not ) by striking at the foundations of our faith , contemning conscientious ministers and ministery it self , taking away their maintenance ; obstructing the reformation of the universities ; slighting of learning ; and professedly promoting a most licentious toleration for all manner of errors , heresies , schismes and prophaness in the kingdome . this being our present condition , we hope we shall be sufficiently cleared from the least suspition of declining in our zeal to the covenant , which we have taken , in what we have done . for the publick faith passed upon the sale of bishops lands ▪ we say , that though the purchasers might have afforded to have give● the same rates for their purchases , if they might have had them assured to them by act of parliament●for years , and such moderate ●ents reserved , as the king ●●timated in his answer : yet , according to his answer , expressing further a satisfaction to be given to them ; we should not have consented to any such act of parliament , for setling the remainder in him , and ensuring the said rents , until the purchasers ( who were in possession , and still held by the same title , under which they bought them ( should be satisfied . and in case they should not be so satisfied , we were not by the said vote concluded from insisting further for a full confirmation of their purchases , having never actually agreed with the king upon any such terms ; but prest● it is the last to get a full confirmation thereof , and only voted that this was a sufficient ground to proceed further . and now we appeal to the purchasers themselves , whether we ought to have made an absolute breach upon this point , or thereby should have performed our publique faith to the whole kingdome and themselves . as to what is said , that the corrupt majority would not lend an eare to admit a thought towards the laying down their own power , or rendring it back to the people from whom they received it . wee answer , that this is an unreasonable objection , by them who endeavours to perpetuate an army upon the kingdome : nor is the continuance of this parliament objected at large : but that we are not willing to render our power back again to the people , by which means ( as their other papers and actions tell us ) a new representative made by the army ; so that the complaint in effect is , that we are not willing to render the power put into us for the government of the kingdome , into the hands of the army ; which , wee con●esse , wee think wee ought not to doe . but as there is little doubt to be made that before an absolute conclusion of peace with the king , an act might have been had for putting a period in short time to this parliament : we for our parts , when the kingdome should had been in quiet possession of these propositions by acts of parliament , upon the conclusion and settlement of peace ; there are no persons living would be more desirous then our selves to put a period to our service in parliament , and leave it to the care of succeeding parliaments to preserve what , this hath gained to our posterity . wee should have ended this point here , but for one objection more ; which is made by their other papers against any agreement with the king , viz. that whatsoever the king grants in this treaty hee may plead force to breake it , and that for any thing can bee discovered , hee is like to use his endeavours to spoile us , by policy of what we have gained by the expence of so much bloud . for answer hereunto : we say first , that this objection lies against any agreement with the king , though hee granted all the houses desired or could desire ; and against any agreement betwixt king and people after a warre made . it can hardly be imagined , after such differences , but that for sometime animosities will remain , and a disposition in those who thinke they have lost any part of their power to regain it ) it being naturall to all men in power to increase their power ) that this objection lay as strong against all former treaties with his majesty for peace after the warre began , and against the declared end of the parliaments warre , ( and of all just warre ) a good peace with his majesty . but more particularly wee say , that the weight of this objection , depends only upon an uncertain conjecture of what may or may not bee hereafter , and the former experience , which this kingdome hath had in keeping such agreements , made in the heat of former differences , strengthened us against the feare of the danger of it . and though sometimes the kings of this realme , and particularly this king , have adventured to weaken their owne grants for a time , yet they have ever beene regained with advantage , obtained and enjoyed in the times of peace . the usuall means whereby any of the kings of this land have made encroachment upon the good laws granted to the people , and their own agreements , have been either by placing corrupt judges , or other ministers in the courts of justice . who , though they could not abrogate the law : yet they have made it speak against it self , and their good for whom it was made , or else by the power of preferring corrupt courtiers to honour and profit , to stop the course of justice by the councell-table for a time . both these meanes are taken away from this king , by what is agreed on in this treatie . the first , in the proposition placing the choice of officers in the parliament ; whereby as they have the lawes they desire , so they have the choice of the judges and officers that must administer them . and the second , in the proposition barring the king from making any new lords for the future to vote in the house of peeres , without the consent of the houses . which are a strong security against a politicke , as the m●litia in the houses is against a forceable breach of this agreement . lastly , we say , that it cannot be expected of any agreement should be made for peace settled after such a civil war , without some hazard of violation or interruption . but whether the hazards and dangers be a breach upon such termes as are now in difference betwixt the houses propositions and the kings answer , be not more and greater , and whether ( in case endeavours should be used hereafter to violate this agreement ) the parliament might not then with more justice , and greater advantage draw the sword , then they can now keepe it unshathed upon the matter in difference : wee leave it to all sober minded men to judge . and to what is said , that they wanted not good intelligence , that had they been suffered to meet all in the house but once more , it was designed to have passed some higher resolutions to lay further foundations of such new quarrell , so as to carry therein the name and countenance of parliamentary authority together with the kings , and acceptable pretence of peace , to draw men in , and then to have adjourned the parliament for a long time , the exclusion of all remedy in the case but by another warre . wee say the house at the passing vote upon the kings answers immediately appointed a committee to goe to the generall and conferre with him and the officers of the army , to keepe a good understanding betwixt the house and the army . which shewed the full intent of the house to proceed by all amicable wayes with them , not by force , but by reason . which they were so far from attending unto , ( as in duty and conscience they ought to have done , and to which the lord generall promised his readinesse , however it was hindered afterwards . ) that they seized upon one of the commissioners appointed to treat with them ; affronted another of them , and left no way for any conference , that might have given them the the grounds of the houses proceedings ; which gives grounds of suspi●ion , that they were resolved to do what they had designed , whatsoever the houses had endeavoured to the contrary . thus we have the more largely opened the thoughts of our hearts for their satisfaction ( if it be possible ) and especially for the satisfaction of those that intrusted us in what we have done upon the result of this treaty , and in passing that vote d●●●mb . . that the answers of the king to the prepositions of both houses , are a ground for the house to proceed upon for the settlement of the peace of the kingdome ; for which wee are charged to betray our trust ; to bee selfe-servers to complect her in our wicked designs , and the like , for betraying our trust , as our faithfulnesse hath appeared by our services and sufferings ; so wee hope it will not be accounted belonging our trust to endeavour the obtaining of a just peace ; and for serving our selves , our owne hearts beare us witnesse , that wee had not respect in this vote , or any private byasse towards our selves : so all that know what threatnings were cast into the house , in the anmi●s remonstrance and declarations in the entrance upon this debate , what power of the army was then in this city , what language was commonly spoke amongst the souldiers ? what guards we then had , will judge that we had more cause to be byassed by fear● from doing our duties , then at that time to thinke to serve our selves by such a vote as this , to which nothing but the forceable impulse of our consciences for the discharge of our duties could have led us . and we now appeale even to the consciences of those , even the army themselves ( although souldiers ) whose advantages arise by warre , are not altogether the most competent judges of constitutions for peace . ) whether this were to bring in the king upon his owne termes , or upon the kingdomes termes ? whether the sixt and last particular of their account , be ground of necessity to warrant their extraordinary course in secluding us from the house ; carrying us along the streets of this city by their souldiers , as if wee were their captive slaves ; and to imprison our persons , and reproach our names . and to what they say in the close , that these members , who are yet detained in custody , they are either such who have beene formerly impeached , and ( in part ) judged by the house for treason , and other crimes , and never acquitted ; and against whom , they can , and very shortly shall produce new matter of no lesse crime , or else such who have appeared most active and united in councells with them , against whom also they are preparing , and shall shortly give matter of particular impeachment . wee say , as wee doubt not but by what wee have said already , wee yet stand cleare in the judgements of all men that are guided by the rules of religion , lawes , or reason ; so when all , or any of us know what are those new crimes , they say they can charge some of us with ; and what those charges are , they say they are preparing for others ; and when we know who those some and others are , we doubt not but they will make their innocency and integrity appeare against those crimes and charges which they have either in pretence , or in preparation against them . lastly , the army who hath done this against us , and have strengthened their hands to pursue it ; say , they appeal● to god : and wee also appeale unto god ( who is our strength , and besides him wee have none other to cleare our innocency , and protect us from violence . if in what we have endeavoured , wee may bee instrumentall to the settling of this kingdom in a safe and well grounded peace ( wherein truth and righteousnesse may flourish ) if we may contribute to the saving of ireland ; the union betwixt the kingdomes of england and scotland ; the peservation of the parliament ; the government , and lawes of the land ; the true protestant religion , and the liberties of the people : wee have our hearts desire . but , if instead of union and peace in the three kingdomes , the seeds of a longer and more wasting warre is sowne ; if in stead of reformation of religion 〈…〉 and 〈◊〉 〈…〉 and that government by the sword instead of law slavery and 〈◊〉 instead of liberty b●● our portion at the end of six yeares warre , ( which we tremble to thinke of ) wee shall humbly submit to the mighty hand of god , who in judgement for our sinnes , and the sinnes of the nation , reacheth out this cup of his sore displeasure to us . and in the midst of the greatest troubles , have this to comfort us , that we did our endeavours according to the best of our judgment and consciences towards the prevention thereof ▪ and for the settling this kingdome in a safe and well grounded 〈◊〉 . a list of the imprisoned and secluded members . imprisoned . maj. gen. rich. browne , col. john birch , thomas boughton , esq john ●ulkley , esq francis buller , esq sir henry cholmeley , sir john clotworthy , commissary lionel copley , john crew , esq francis drake , esq sir walter earle , knight . nathanul ●ines , esq sir gilbert gerrard , baronet . francis gerrard , esq thomas gewen , esq giles greene , esq sir harb●t . grimstone , baronet . sir rob. harley , kn. of the bath . col. edward h●rley , sir anthony i●by , knight . richard knightley , esq sir martin lister , knight . major robert harley . col. edward leigh . thomas lane , esq william lewes , baronet . sir samuel luke , knight . major gen. edward massey . sir john merrick , knight . sir richard ane●●●e , knight . henry pelham , esq william priestly , esq william prynne , esq sir robert pye , knight . sir benjamin ruddyard knight sir thomas soam● , knight . edward stephens , esq col. william strode . john swinfen esq charles vaughan , esq edward vaughan , esq sir william waller , knight . clement walker , esq thomas viscount w●nman ▪ william wheeler esq secluded . mr. p●regryne hobbye , mr. john holcroft , mr. george horner , mr. thomas hodges , mr. william jones , col. william jepson , sir norton knathpole mr. james cambell , mr. capell luckinge , sir martin lumley , mr. cha. pym , mr. henry peck , sir john pagrove , sir philip parker , sir william playters , mr. john pelham , s●r thomas pelham , sir n●vile p●●i , mr. edward pool , sr. edward 〈◊〉 , sir thomas parker , mr. tho. povy , mr. henry oxenden , mr. arthur anes●●o , mr. arthur owen , sir dudley north , sir robert needham , mr. john nash , sir nicholas martin , sir tho. middleton , mr. tho. middleton , sir oliver luke , sir william l●tton , mr. henry lucas , sir william lister , mr. john ash , mr. robert packer , mr. john harris , sir john seimor , mr. samuell vassall , sir robert napper , sir roger north , mr. tho. grove , mr. john selman , mr. herbert hay , mr. robert genner , sir john burgen , col. john barker , mr. john nelthorpe , mr. william outfield , mr. william ellis , mr. edward wingate , mr. john whadden , mr. thomas wa●●r , sir richard win , mr. richard winwood , sir edward askew , sir ralph ashton , mr. mathew allen , mr. john alford , mr. michael bi●ulfe , mr. peter brooke , col. ●●hn booth , mr. mor. bartow , mr. john buller , sir ambrose brown , sir thomas trever , mr. sim. thelwell , secluded . mr. thomas thinn , sir john temple , mr. thomas temple , mr. john thomas , mr. samuell terrick , sir humphry tufton , mr. edward thomas , sir . john corbet , edward lo. clinton , sir john curson , sir thomas dacres , col. william davies , mr. john dodrigde , mr. thomas earl , mr. william edwards , mr. charles rich , sir william spring , mr. simon snow , mr. thomas sands , mr. george scut , william lord fitz-william , mr. william hoxwist , col. john floid , mr. richard gennings , mr. thomus gell , mr. francis gawdey , mr. samuel gardner , mr. henry hungerford , mr. denzill ho●lis , sir francis hollis . with sundry others driven away . imprimatur , joh. langley . jan. . / . finis . notes, typically marginal, from the original text notes for div a e- sam. , . page . page . . the felicity of queen elizabeth: and her times, with other things; by the right honorable francis ld bacon viscount st alban. in felicem memoriam elizabethae. english bacon, francis, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing b thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) the felicity of queen elizabeth: and her times, with other things; by the right honorable francis ld bacon viscount st alban. in felicem memoriam elizabethae. english bacon, francis, - . burghley, william cecil, baron, - . [ ], p. printed by t. newcomb, for george latham at the bishops head in st. pauls church-yard, london : . a translation of: in felicem memoriam elizabethae. "the apology of francis bacon; in, certain imputations concerning the late earl of essex" has separate dated title page; pagination and register are continuous. annotation on thomason copy: "octob: ". reproductions of the original in the british library. the apology of francis bacon; in, certain imputations concerning the late earl of essex -- the bacon his letter to the most illustrious and most excellent prince charles, prince of wales, duke of corn-wal, earl of chester, &c -- the lord treasurer burleigh his advice to queen elizabeth in matters of religion and state -- to the ld. bacon, then falling from favour -- to my reverend friend doctor a -- in obitum incomparailis fransci de verulamio, &c. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng elizabeth -- i, -- queen of england, - -- early works to . essex, robert devereux, -- earl of, - . great britain -- politics and government -- - -- early works to . - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion the felicity of queen elizabeth : and her times , with other things ; by the right honorable francis l d bacon viscount s t alban , london , printed by t. newcomb , for george latham at the bishops head in st. pauls church-yard . . to the reader . reader , here is presented to thy view certain tracts , containing divers arcana imperii ; by two in their times eminent councellors of estate . the one is the felicity of queen elizabeth , and her times , by that noble and learned gentleman , the lord bacon , viscount st. alban ; one of the standing honors of the law in general , and of grayes inn in particular . the other is the advices to queen elizabeth , by that well weigh'd states-man the lord burliegh , then lord treasurer , a man beyond expression excellent , whom it much availed queen elizabeth to have for minister , as appears by that favour shewed to him , the queen alwaies making him to sit in the presence ( by reason of the gout in his feet ) and telling him , my lord , we make much of you , not for your bad legs , but for your good head. and as for the lord bacon , ( certain of whose epistles are annexed to this book ) if it were expected , we must heap up abundant testimonies ; we will select some few out of many , omitting the for-rain of mersennus , and mr. pierre d'amboise , and others , who have translated and commented upon him , and confine our selves to those worthy men that are of our own nation ; and begin with the testimony of sir hennry wotton . the lord bacon hath done a great and everliving benefit to the children of nature , and to nature her self , in her uttermost latitude and extent , who never before had so noble and true an interpreter ; ( and as i am ready to stile his lordship ) never so inward a secretary of her majesties cabinet ; and he did determine to have his lordships work of novum organon , read , peice by piece , at certain hours in his domestick colledge , ( eaton ) as an ancient author . mr. george sands , in his coment on ovid , professes himself to be much assisted by our author , whom he calls , the crown of the latter age , the lord viscount st. alban . mr. howel , in his vocal forest , of him thus — the flexanimous and golden tongued orator , and chancellor of the kings conscience . the prefacer to lessius hygiasticon : the lo. bacon , the great lo. chancellor , of learning , aswell as law. dr. gilbert watts : the l. bacon , a learned man , happily , the learnedst that ever lived since the decay of the grecian and roman empires , when learning was at an high pitch . aud for a further testimony , we refer you to those copious and elegant verses , made by m. geo. herbert , somtime orator of the vniversity of cambridg , upon this author , and lately printed in a book , called , herberts remains . the felicity of queen elizabeth : writ , by sir francis bacon . queen elizabeth in regard both of nature and fortune , the pattern of princes , and wonder of her sex , of whose vertues and glories thereof monks that live in the shade of cloysters , tart in stile , loose in judgment , and not forgetful of themselves , would be no sufficient avowchers ; this testimony belongs to men of note , such as have stood at the helm of state , and been acquainted with the depth and tydes of civil affairs : in all antiquity the rule of a woman hath been very rare , in that rule the felicity rarer , and the continuance of that felicity rarest of all ; yet this lady raigned full four and fourty years , and overlived not her felicity ; of which happiness i purpose to speak a little without running into praises , for praises are given by men , but happiness is the gift of god. i say the first stept of her felicity , in that she was raised to the top of all from a private fortune , for customarily so run the opinions of men , to esteem that most happy , which happeneth most beyond hope and expectation . but this is not all i mean , my aim reacheth further , that princes brought up in regal houses , to hope of succession not uncertain , are often depraved with soft and licentious breeding , and become immoderate in their raign . from hence we finde the best and most excellent kings were taught in schooles of either fortune , such as with us was henry the seventh , and lewis the twelfth among the french , both of which about the same time ( as the memory yet remaineth ) obtained a kingdom , not from privacy only , but onely from adversity , whereof the latter flourished in justice , and the former in wisdom . like to theirs was the condition of this prince , whose hopes and beginnings fortune brauled , but was thence forward constant to her till her ending . for first , by birth she had her turn by succession , then she was disinherited , and at last laid aside , and forgotten ; in the raign of her brother her fortune was propitious and fair , which in her sisters grew dark and dangerous : but yet she was not suddenly taken from prison to the crown , least that fret of remembrance might perhaps make her swell , but being first restored to liberty , she afterwards obtained her claim without stir or competition , of whom god intending to make so rare a prince , it seemeth he prepared her mind , and made her ascend by the steps of her discipline to the crown of her own inheritance : neither ought the calamity of her mother blast the dignity of her birth , especially it being certain , that henry the eight was rather led with love towards another , then indignation against her : the nature of which king , light in his loves , apt to suspition , and in them hasty to blood , cannot avoid the note of posterity . as for the accusations made against her person in themselves improbable , and leaning upon slight conjectures , they were not onely detested by the silent murmurers of those times , but by queen anne her self in that memorable and heroical speech which she used at the instant of her death ; whereas preparing her self to leave this world , and having gotten as she thought a loving and trusty messenger , she bids him deliver this message to the king , that well she saw his majesty would not give over his old wont in heaping new honours upon her : first , from a gentlewoman he had made her a marquess , from thence his consort and a queen , and now finding no higher pitch of honour upon the earth , he was pleased to advance her in her innocency to the crown of martyrdom ; which though that messenger durst not relate to the king burning in new desires , yet fame ( preserver of truth ) hath kept it safe for after ages . moreover , i put no small part of her felicity in the measure and compass of her raign , not so much for being long , as beeause it took up that space of age , which is most fit to hold the raynes of publick government , for at five and twenty yeers ( when tuition beginneth to cease ) she began and raigned till threescore , and whereby she neither felt the wrongs of a pupil under anothers arbitration , nor yet the inconveniences of an old decrepit age , private men feel miseries enough in old age ; but usually it bringeth to princes ( besides those common griefs ) ends void of glory , and diminution of estate , few attaining an old and unwealdy age without some loss of reputation and state . take one example in philip the second king of spain , a most puissant prince , and coming in swaying a kingdom , who in his latter daies feeling the burthen and feebleness of age , helped weakness with wisedom , submitting himself to the course of mortal things ; thereupon he restored such places as had been won in , there he established a peace , and attempted the same elsewhere ; that his affairs being all compounded he might leavethem intire and illetigious to his heirs . the contrary in all things hapned to q. elizabeth to whom fortune was so firm , that she never suffered in flourishing or declining yeers any declination . and to seal up her rare felicity , she departed not this world till the rebellions in ireland were decided by stroke of an happy battail , that there might be no blemish nor imperfection in her glory . that is not also to be forgotten what kinde of people she governed ; had she raigned in palmgrevis , or over the milk sops of asia , it would have been no marvel that a female prince should command effeminate nations : but that in england , so warlike and stout a people should stir and stop at the beck of a woman , cannot be without great admiration ; yet , for all this inclination of her people longing for war , & of their rest impatient , she was never hindred from loving and keeping of peace , which will of hers was seconded with success , i reckon among her chiefest praises , for it not onely became her sex , and eased her age , but was certainly a great comfort to her conscience ; indeed about the tenth of her raign some tumults were attempted in the north , but they were quickly quenched , and she enjoyed ever after deep peace and security : which inward peace of her times , i judge was most glorious for two respects ; the one that it shone the better by the flames and combustions of her neighbours ; the other that notwithstanding the easiness of peace , armes wanted not their honour ; whereby the prowess of the english name was not onely kept up , but increased ; hence many supplies were sent into scotland , france , and the netherlands , divers expeditions by sea into the indies , some wherof gave the world a girdle , fleets were rigged to infest the coasts of spain and portugal . the rebels in ireland were often tamed and suppressed , so that she took a special care , that neither the courage of the people should rest , nor their fame suffer any diminution . to this glory the weight of desert was added ; for by her reasonable reliefs neighbouring princes were preserved in the kingdom ; and afflicted people ( exposed by their lords , badly counselled to the cruelty of their ministers , and devoted to the shambles ) received petition in their miseries , whereof they feel the benefit at this day . in her councels she was no less kinde and helpful then in her supplies , whereby she perswaded the king of spain to asswage his anger towards his subjects of the netherlands , & reduce them to obedience upon tollerable terms , and often solicited the kings of france to keep their faith , by not infringing the edicts granted to publick peace ; in the first whereof , she had regard to the state of europe in general , lest the boundless ambition of spain once broken out should fuse it self over the christian world , and endanger the common liberty . in the second she had compassion of so many innocents that suffered fire and sword with their wives and children ; among whom the scum of the people armed and animated with publick power , were let loose like wild beasts to devour them , whose blood called for vengeance , and expiation upon that kingdom which had made a league to commit inhumane murders and savage laniations ; in both which she omitted not do the office of a kinde , wise , and considerate prince . there is yet another cause which maketh the piece of her raign more admirable , namely , that it proceeded from her own wisedom and contriving against the disposition of the times ; for if we consider her kingdom either cut into factions at home by difference of religion , or abroad standing as the strength and bulwork of christendom against the monstrous designs and overflowing power of spain , we shall finde that there was no fuel wanting for a war , but she had provided for all , and gotten the reach both in force and councel ; as that memorable event well declared , which for the happiness thereof surpassed all the actions of our age ; for when that navy called invincible , whose sailes swelled with pride , and secure of victory , had entered the narrow seas , to the fear and astonishment of europe ; it neither took a cock-boat at sea , nor burnt a cottage at land , nor once touched upon the coasts ; but was miserably scattered and put to flight , and at last dashed upon against the rocks , whist peace remained in her confines , and no commotion was seen in the land. no less happy was she in escaping the plot of traytors , then defeating the power of her enemies , for though divers conspiracies were hatched against her life , yet all were either discovered or failed , neither did they work any jealousies or distrust in her mind , for she kept not the more within , nor went the less abroad , nor increased the number of her guard , but secure and confident , and mindful more of her deliverance from danger , then of the danger it self , she changed nothing from the wonted course of her life . it is not also unworthy to be marked the quality of those times wherein she flourished , for some ages fall out to be so barbarous and silly , that it were no harder matter to rule a nation of men , then to lead a flock of sheep , but she was eminent in learned and refined times , wherein it was not easie to excel without singular parts of nature , habituation of vertue , and extraordinary indowments of wit and temper . besides , the raign of women use to be obscured with marriage , whose worth and actions are commonly smothered up under the names and covert of their husbands : those onely that live unmarried have no partner in their glory , such was she , and this praise she deserved the more , because she was supported by no props but her own ; no half brother , nor uncle , nor prince of the blood was remaining to whom she might impart her cares , and receive assistance in her governing ; yea , those who she advanced to highest honours , she kept in such a ballance and restraint , that every one laboured most to please her will , whilst she remained mistris of her self . barren indeed she was , left no child behind her , which also happened to many fortunate princes , alexander the great , julius caesar , and trojaen the emperor ; but this may be a diverse construction , and be disputed on either part , some call it diminishment of happiness , as if those men were blessed above the conditions of men , who prove aswel happy in their propagation as in themselves . others make it the pitch of happiness , which , say they , is then onely compleat , when it is exempted from the wheel of fortune , and out of danger to be blemished by a degenerating issue . she wanted not also those outward adjuncts of happiness , she was tall of stature , of comely limbs and excellent feature in her countenance , majesty sate under the vail of sweetness , her health was sound and prosperous , and so drawing to her last without sense of age or misfortune , she had that which augustus so much desired , a gentle and happy departure . the which is likewise recorded of antonius pius that good emperor , whose death was like a dream or some sweet imagination : in all her sickness was nothing ominous , nor lamentable , nor uncouth to her kind , no symptom was seen strange or noisome , but all of such a frame , as rather shewed the frailty of the corruption of humane nature ; for some few daies before her death finding her body ( seldom moistened with wine , or a larger diet ) to shrink up with driness and cares which attend a crown , she suffered some convulsion in her nerves , still keeping ( though in a slow and weaker measure ) her speech , motion and understanding , which is not ordinary in that disease : but this estate not long abiding , seeming rather the first steps to death , then last act of life ; for when the powers of life are wasted , it is a wretched thing to remain in life ; but by the slumber of sense to haste insensibly to death , is a clement and easie close of life . add this to the hap of her felicity , that she was not onely happy in her own , but also in the abilities of her servants ; for she had such gifted men about her as perhaps this island had rarely brought forth before . but god when he favoureth kings enlargeth the hearts of their ministers . two felicities yet remain that may be called post humus , which are indeed higher and happier then all these that adorned her life : one of her successor , the other of her memory ; such a successor she had , who albeit in regard of his masculine vertue and fair progeny , and access of a new kingdom , might somwhat shadow or exceed her glory , yet he alwayes honoured her name , and gave a kinde of perpetuity to her deeds , for he made so small alteration in the orders he found established , or persons she had chosen , that so the son could succeed his father with greater silence , or less danger or disturbance of estate . and concerning the fame and happiness of her memory , that is yet so fresh in the mindes and mouths of men , as taking life from her ashes wherein all envy is raked up ; it seemeth to contend with the happiness of her life , for if any factious humor raised from dissent in religion be yet buzzing abroad ( though it seems by this time conjured down by consent of truth ) as it is most foul and false ; so it cannot be long lived , and truly i have gathered these notes of gods favour and her felicity for this special end ; that malicious men should be afraid to mingle their cursings ( amongst so many blessings of god. ) after all this , if any should say as one did of caesar , we hear of things whereat we wonder , but look for things which we might commend ; i verily think that true admiration is certain excess of praise , and verily these felicities here described , cannot befal to any who are not visibly sustained with divine favours , and in some sort have not set their lives in aim of glory ; nevertheless , i will recount some few things concerning her manners , and of those onely which might seem to lend occasion unto base speeches of contumelious men . in her religion she was pious , constant , moderate , and could not away with innovations , her piety chiefly appeared in her works and actions , but it was also seen in the ordinary course , and conversation of her life ; she was seldom absent from prayers in her closet , or at sermons and solemn service abroad ; diligent in reading the scriptures , well versed in the fathers , and above all in st. augustine ; upon divers occasions she composed sundry prayers : when she mentioned god ( though in common talk ) added for the most part of creator , casting , as i have often observed , her face & eies into a reverend form of humility : and whereat some have published , that she put off the thought of mortality , nor could abide to hear of old age or death . it is most untrue , for many years before her end she was not nice , often , and with much grace to call her self old woman , and used to discourse of her tomb , and what inscription would most please her , saying , she delighted not in long titles , or shadows of glory , a line or two would be enough for her memory , which in few words should only express her name in her virginity , the time of her raign , the restoring of religion , & establishment of peace : true it is , that being once importuned to declare her successor whilst she was yet in her full strength , not unfit to bear children , she would not endure her winding sheet to be spread before her eies , and yet not long before her death , sitting pensive , and , as it were , musing of mortality , as one came and told her , that divers places stood too long vacant in the state ; she rose up somwhat offended , and said , she knew well enough that her place would not stand an instant empty . her moderation may perchance be doubted in matter of religion , considering the severity of those lawes she made against the papists : but herein we will produce such onely things whereof we have certain knowledge , and made diligent search ; out of all question , the meaning of this princess minde , was this , neither to offer violence to the consciences of men , nor to suffer her state to be disquieted under pretext of conscience ; out of which foundation she judged , first of all , that the toleration of two religions in one hot heart-burning people , who from differenc in mind ) might break out into blows , might be of pernitious consequence to the state ; thereupon at her entrance upon the crown , when all things were ful of suspition , she used the power of the law , and committed som of the busiest , and most factious prelates for the rest of their coat : so far was she from vexing them with severe inquisitions , that she winked at their faults , and took them into her protection ; this was the first state of things : and although the interdiction of pius the fift might have stirred up her anger , and made her resolve of a sharper course , yet she departed not from her nature , and changed little from her mildness ; for , like a most wise and heroical lady , secure of her peoples love , and that the popish faction could not stir at home without far assistance , she passed little for the claps of the popes thunder : but about the three and twentieth of her raign things received an alteration , which change of time , was not complotted by design , but recorded in publick acts , and cut as it were , in brass for perpetuity ; till that year , no great or heavy punishment was laid upon her popish subjects by the lawes precedent ; but now the vast projects and ambitions of spain for subduing of this kingdom , began to be detected , whereof a principal part was , that a new fangled faction should be raised in the bowels of this state ; which should not onely be ready to receive a forraign invader , but also , ( under pretence of the roman religion , and power of the popes bull , ) should absolve her subjects from their faith and allegiance , and prepare their spirits for dangerous innovasions . about that time ireland was assaulted with open armes , scandalous libels were cast out against the fame , and government , and the queen ; and all things seemed to swell up in presage of greater motions . i would rather think , that many of the preists were made wicked instruments of other mens malice , then that all were privy to their councel ; yet this is true , and verified by sundry confessions , that almost all the priests that were sent over into this kingdom , from the three and twentieth to the thirtieth of this queens raign ( in which year that popish and spanish design was put in execution ) had private instructions to divulge abroad , that this estate could stand thus no longer ; that within a while they should see a new face of things , and notable alterations ; that the good of england was cared for by the pope , and popish princes , if they would not be wanting to themselves ; yea , some of the priests were manifestly found guilty of those plots and machinations , which tended to the subversion of the state. and that which moved most the carriage of their secret councels , was disclosed by letters intercepted , importing , that all the watchfulness of the queen and councel over the papists , would be utterly deluded ; for , albeit they laboured much , that no man of note or nobility should be head of the faction ; yet , a course was taken to effect the work by men of meaner and inferiour rancks , whose mindes ( though they knew not one another ) should be linked together by secret confessions , without need of assembly . such arts were then used , and , of late in a case ( not unlike ) resumed ; which ( it seems ) are familiar with those men : thus clangor approaching , like a storme , put a law of necessity upon the queen . it being now high time , that such part of her subjects as were estranged from her love , impoisoned without hope of cure , and yet grew rich withall in a private life , which freed them from publick charge , should be kept under and restrained with lawes of a more heavy nature : the course of all this misery still increasing , was imputed to the priests , who carried into forraign countries , and fed by the crums of stranger princes ( professed enemies to this state ) were brought up onely in such places where the name of the queen their soveraign was never heard of , but as an heretick and excommunicate person , torn with curses and excommunications ; if these men were not inticed with treacherous designes , they were surely known to be familiar with such as were ; who with the venom of their arts , had pernitiously depraved the minds of many papists , and sowred their whole lump with a new malignant livery , which was sweeter and less timerous before . now therefore , no safer reremedy could be found , then to debar these unnatural men from all entrance into this kingdom ; which was likewise decreed under penalty of their lives , in the seven and twentieth of her raign . not long after when the tempest rose and fell upon this land ; the event well declared what love remained in these mens brests towards their dearest country ; for , so were they blinded with hate and envy , that they rested neither night nor day , binding themselves with vowes and sacraments , to bring it into bondage of a forraign enemy . hereupon , albeit the clouds of spain ( which caused this severity ) were blown over , and vanished ; yet , the remembrance of danger passed , struck deep in the mindes of men ; and , because it would have been accounted levity to have repealed those lawes , and unfaithfulness to neglect them once established ; the queen was so drawn with weight of affairs , that it was no more in her power to set them in that former estate wherein they were before , in the twenty third of her raign . hereunto may be added , that although there was not wanting the industry of divers ministers to increase her exchequer ; and justice of others to urge exemption of the lawes , wherein they onely saw the publike safety to consist ; yet , constant to her natural clemency , she debated the keenness of their edge , that the priests who suffered death were very few in regard of their exceeding number . these things i rehearse , not , as points of her defence , this cause needeth no justification ; whereas both the safety of this kingdom required no less , and the whole course of this severity , fell far short of the bloody examples amongst the papists ; which rather flowed from pride and malice , then any necessity : but i am not forgetful of my first affection , having by this time sufficiently shown that this prince was moderate in cause of religion , and if any sharpness happened therein , that it proceeded not from her nature , but from the iniquity of the times . of her great care and constancy in true religion , this may be a certain argument , that albeit popery had been established by much power and study in her sisters raign , and had taken deep root by time , and was still confirmed by the writ and assent of all in authority ; yet , since that it neither agreed with the word of god , nor the primitive pureness , nor her own conscience , she pluck'd it up , with little help , and abolished it with great courage and resolution ; which was not done upon a rash impetuous fancy , but with maturity and advice ; whereof ( among many other things ) we may take a conjecture by an answer so made upon a by-occasion . in the beginning of her raign , when prisoners ( as the manner is ) were released , for a boon of her new inauguration ; a certain courtier , who by custome had taken up a boldness of speech , and jestingly waited for her as she went to chappel , when , either of himself , or set on by wiser men , he put an humble petition , crying out aloud withall , that yet there remained four or five honest prisoners , who were unjustly detained ; beseeching he majesty to set them at liberty ; and they were the four evangelists , and saint paul the apostle , who had been long shut up in a strange language , as in a prison , and kept from conversing among the people ; to whom she wisely answered , that full inquiry should be made of themselves , whether they would be released , yea , or no : whereby she put off a sudden question , with a suspended answer ; and stil reserved the interest of things in her own freedom and decision . in which business , she proceeded not by peeces , or with trepidation , but in a grave and setled order : first , calling the synods to conference , and the states to parliament ; and then within compass of one year , so reformed ecclesiastical affairs , that till her dying day she departed not a whit from the constitution then determined ; yea , ever after her custome was to warn almost every parliament when it sate , that nothing should be changed in the right , and discipline of the church ; and thus far concerning religion . now to leave these sadder things ; if any man should think it a lightness that she suffered her self to be courted and wooed , and refused not to be seen upon the scene of love , even beyond the condition of her age ; this , if it be gently construed , wanted not also a share in admiration ; for it soundeth unlike those old stories of a maiden queen living in elizian islands , from whose court none was debarred that used fair accostment , and no lasciviousness in love ; but if it be severely scanned , then greater is the wonder ; for , albeit that we often see , that a state is loosened by the looseness of the prince ; yet , these delights she used with such a curb , that they little dimmed her fame , less her majesty , and softned the vigour and dispensation of her state nothing at all . but to shut up my discourse ; the prince was certainly good and vertuous , and so she desired to seem , she hated vices , and took the way to fame , by that of honour : whilst i am upon her vertues , i cannot forget one passage , when letters were written to her ambassadors in france , to deliver some private message to the queen-mother then of valois ; wherein her secretary , as it were , to curry favour , had inserted this clause , that the ambassador should say , they two were two such queens , so versed in soveraign arts , and seen in politick affairs , as no kings nor men in the world went beyond them ; she misliked the assotiation , and commanded it to be blotted out , saying , the arts she had learned were of a better stamp , and the principles of a far higher nature , whereby she ruled her people . she was not puffed up with the length of her raign , although she was long a queen ; for , if any had told her fitly in discourse , that the world would have taken notice of her admirable parts , though she had lived in some mean estate ; she would have been well pleased with such insinuations ; so much she desired that her vertue should stand alone unbeholding to her fortune for praise . but if i should enter into her moral or regal commendations , or recite the roll of her vertue , and rank them in their proper place and light , befitting so rare a prince , which should slide into the story of her life , it would require greater leasure and a larger vein . i have onely summoned up these two parcels briefly , and sincerely , as i could ; for , it must be confessed , that no commender can be found sufficient for this prince , but onely time , which , from the first beginning , never produced in all her sex any one like to her for civil government and administration of affairs . finis . the apology of s r francis bacon ; in , certain imputations concerning the late earl of essex . written to the right honorable his very good lord , the earl of devonshire , lord lieutenant of ireland . london , printed . to the right honorable his very good lord , the earl of devonshire , lord lieutenant of ireland . it may please your good lordship : i cannot be ignorant , and ought to be sensible of the wrong which i sustain in common speech , as if i had been false , or unthankful to that noble , but unfortunate earl the earl of essex : and for satisfying the vulgar sort , i do not so much regard it ; though i love a good name , but yet as an handmaid and attendant of honesty and vertue . for i am of his opinion that said pleasantly , that it was a shame to him that was a suter to the mistriss , to make love to the waiting woman ; and therfore to woo or court cōmon fame otherwise then it followeth on honest courses , i for my part , find not my self fit nor disposed . but on the other side , there is no worldly thing that concerneth my self , which i hold more dear , then the good opinion of certain persons ; amongst which there is none i would more willingly give satisfaction unto , then to your lordship . first , because you loved my l. of essex , and therefore will not be partial towards me ; which is part of that i desire , next , because it hath ever pleased you to shew your self to me an honorable friend ; and so no baseness in me to seek to satisfie you : and lastly , because i know your lordship is excellently grounded in the true rules and habits of duties & moralities ; which must be they which shall decide this matter : wherein ( my l. ) my defence needeth to be but simple and brief : namely , that whatsoever i did concering that action and proceeding , was done in my duty and service to the queen and the state ; in which i would not shew my self false hearted , nor faint hearted for any mans sake living . for every honest man that hath his heart wel planted , wil forsake his king rather then forsake god , & forsake his friend rather then forsake his king ; and yet will forsake any earthly commodity , yea , and his own life in some cases , rather then forsake his friend . i hope the world hath not forgotten these degrees , else the heathen , saying ; amicus usque ad aras , shall judge them . and if any man shall say , i did officiously intrude my self into that business , because i had no ordinary place ; the like may be said of all the business in effect that passed the hands of the learned councel , either of state or revenues these many years , wherein i was continually used . for , as your lordship may remember , the queen knew her strength so well as she looked her word should be a warrant ; and after the manner of the choisest princes before her , did not alwayes tye her trust to place , but did somtime divide private favor from office . and i for my part , though i was not so unseen in the world , but i knew the condition was subject to envy and peril ; yet because i knew again she was constant in her favours , and made an end where she began , and especially , because she upheld me with extraordinary access , and other demonstrations of confidence and grace , i resolved to indure it , in expectation of better . but my scope and desire is , that your lordship would be pleased to have the honorable patience , to know the truth , in some particularity , of all that passed in this cause , wherein i had any part , that you may perceive how honest a heart i ever bear to my soveraign and to my country , and to that noble man , who had so well deserved of me , and so well accepted of my deservings ; whose fortune i cannot remember without much grief . but for any action of mine towards him , there is nothing that passed me in my life time , that cometh to my remembrance with more clearness , and less check of conscience : for it will appear to your lordship , that i was not onely not opposite to my lord of essex , but that i did occupy the utmost of my wits , and adventure my fortune with the queen to have reintegrated his , and so continued faithfully and industriously till his last fatal impatience ( for so i wil call it ) after which day there was not time to work for him , though the same , my affection , when it could not work on the subject proper , went to the next , with no ill effect towards som others , who i think do rather not know it , then not acknowledge it . and this i will assure your lordsh . i wil leave nothing untold , that is truth for any enemy that i hav to add ; & on the other side , i must reserve much which makes for me , in many respects of duty , which i esteem above my credit : and what i have here set down to your lordsh . i protest , as i hope to have any part in god's favour , is true . it is well known , how i did many years since dedicate my travels and studies to the use and ( as i may tearm it ) service of my lord of essex , which i protest before god , i did not , making election of him as the likeliest mean of mine own advancement , but out of the humor of a man , that ever , from the time i had any use of reason ( whether it were reading upon good books , or upon the example of a good father , or by nature ) i loved my country more then was answerable to my fortune , and i held at that time , my l. to be the fitter instrument to do good to the state : and therefore i applied my self to him , in a manner which i think hapneth rarely among men : for i did not onely labour carefully and industriously in that he set me about , whether it were matter of advice or otherwise , but neglecting the queens service , mine own fortune , and in a sort my vocation , i did nothing but advise and ruminate with my self to the best of my understanding , propositions and memorials , of any thing that might concern his lordships honor , fortune , or service . and when not long after i entred into this course , my brother mr. anthony bacon came from beyond the seas , being a gentleman whose ability the world taketh knowledge of for matters of state , specially forraign ; i did likewise knit his service to be at my l ds disposing . and on the otherside , i must and will ever acknowledge my lords love , trust , and favour towards me , last of all his liberality , having infeofed me of land which i sold for eighteen hundred pounds to master reynold nicholas , and i think was more worth , and that at such a time , and with so kinde and noble circumstances , as the manner was as much as the matter : which though it be but an idle digression , yet because i am not willing to be short in commemoration of his benefits , i will presume to trouble your lordship with the relating to you the manner of it . after the queen had denied me the solicitors place , for the which his lordship had been a long and earnest sutor on my behalf , it pleased him to come to me from richmond to twicknam park , and brake with me , and said : mr. bacon , the queen hath denied me the place for you , and hath placed another ; i know you are the least part of your own matter , but , you fare ill because you have chosen me for your mean and dependance : you have spent your time and thoughts in my matters ; i die ( these were his very words ) if i do not somewhat towards your fortune , you shall not deny to accept a peece of land , which i will bestow upon you . my answer i remember was , that for my fortune it was no great matter : but that his lordships offer made me call to minde what was wont to be said when i was in france of the duke of guise , that he was the greatest usurer in france because he had turned all his estate into obligations ; meaning that he had left himself nothing , but onely had bound numbers of persons to him . now my lo. ( said i ) i would not hav you immitate his course , nor turn your state thus by great gifts into obligations , for you wil find many bad debtors . he bad me take no care for that , & pressed it : whereupon i said my lor. i see i must be your homager , and hold land of your gift : but do you know the manner of doing homage in law ? alwaies it is with a saving of his faith to the king and his other lords , and therefore my l. ( said i ) i can be no more yours then i was , and it may be with the ancient savings : and if i grow to be a rich man , you will give me leave to give it back to some of your unrewarded followers . but to return , sure i am ( though i can arrogate nothing to my self , but that i was a faithful remembrance to his lordship ) that while i had most credit with him , his fortune went on best . and yet in two main points we alwaies directly and contradictorily differed , which i will mention to your lordship , because it giveth light to all that followed . the one was , i ever set this down , and that the onely course to be held with the queen , was by obsequiousness & observance ; and i remember i would usually engage confidently , that if he would take that course constantly , and with choise of good particulars to express it , the queen would be brought in time to assuerus question , to ask , what should be done to the man , that the king would honour : meaning , that her goodness was without limit , where there was a true concurrence , which i knew in her nature to be true . my lord on the otherside had a setled opinion , that the queen could be brought to nothing , but by a kinde of necessity and authority ; and i will remember , when by violent courses at any time he had got his will he would ask me . now sir : whose principles be true ? and i would again say to him : my lord , these courses be like to hot waters , they will help at a pang : but if you use them , you shall spoil the stomack , and you shall be fain still to make them stronger and stronger , and yet in the end they will less their operation : with much other variety , wherewith i used to touch that string . another point was , that i alwaies vehemently disswaded him from seeking greatness by a military dependance , or by a popular dependance , as that which would breed in the queen jealousie , in himself presumption , and in the state perturbation : and i did usually compare them to icarus two wings which were joyned on with wax , and would make him venture to soar too high , and then fail him at the height . and i would further say unto him : my lord , stand upon two feet , and fly not upon two wings . the two feet , are the two kinds of justice , commutative and distributive : use your greatness for advancing of merit and vertue , and relieving wrongs and burdens , you shall need no other art or fineness : but he would tell me , that opinion came not from my minde , but from my robe . but it is very true , that i that never meant to inthral my self to my lord of essex , nor any other man , more then stood with the publick good , did ( though i could little prevail ) divert him by all means possible from courses of the wars and popularity : for i saw plainly the queen must either live or die ; if she lived , then the times would be as in the declination of an old prince , if she died , the times would be as in the beginning of a new : and that if his lordship did rise too fast in these courses , the times might be dangerous for him , and he for them : nay , i remember i was thus plain with him upon his voyage to the ilands , when i saw every spring put forth such actions of charge and provocation , that i said to him , my lord , when i came first unto you , i took you for a physition that desired to cure the diseases of the state ; but now i doubt you will be like those physitians , which can be content to keep their patients low , because they would alwayes be in request : which plainness he nevertheless took very well , as he had an excellent ●ar , and was patientissimus veri , and assured me the case of the realm required it : and i think this speech of mine , and the like renewed afterwards , pricked him to write that apology which is in many mens hands . but this difference in two points so main and material , bred in process of time a discontinuance of privateness ( as it is the manner of men feldom to communicate where they think their courses not approved ) between his lordship and my self ; so as i was not called nor advised with , for some yeer and a half before his lordships going into ireland as in former time : yet nevertheless touching his going into ireland , it pleased him expresly and in a set manner to desire mine opinion and counsel . at which time i did not onely disswade , but protest against his , going telling him with as much vehemency and asseveration as i could , that absence in that kinde would exulcerate the queens minde , whereby it would not be possible for him to carry himself so , as to give her sufficient contentment : nor for her to carry her self so , as to give him sufficient countenance , which would be ill for her , ill for him , and ill for the state. and because i would omit no argument , i remember i stood also upon the difficulty of the action : setting before him out of histories , that the irish was such an enemy as the ancient gaules or britons , or germanes were , and that we saw how the romans , who had such discipline to govern their soldiers , and such donatives to encourage them , and the whole world in a manner to levy them ; yet when they came to deal with enemies which placed their felicity onely in liberty , and the sharpness of their sword , and had the natural and elemental advantages of woods , and boggs , and hardness of bodies , they ever found they had their hands full of them : and therefore concluded that going over with such expectation as he did , and through the churlishness of the enterprise not like to answer it , would mightily diminish his reputation ; and many other reasons i used , so as i am sure i never in any thing in my life time dealt with him in like earnestness by speech , by writing , and by all the means i could devise . for i did as plainly see his overthrow chained as it were by destiny to that journey , as it is possible for a man to ground a judgement upon future contingents . but my lord , howsoever his ear was open , yet his heart and resolution was shut against that advise , whereby his ruine might have been prevented . after my lords going , i saw then how true a prophet i was , in regard of the evident alteration which naturally succeeded in the queens mind ; and thereupon i was still in watch to find the best occasion that in the weakness of my power i could either take or minister , to pull him out of the fire if it had been possible : and not long after , me thought i saw some overture thereof , which i apprehended readily ; a particularity i think be-known to very few , and the which i do the rather relate unto your lordship , because i hear it should be talked , that while my lord was in ireland , i revealed some matters against him , or i cannot tell what ; which if it were not a meer slander as the rest is , but had any , though never so little colour , was surely upon this occasion . the queen one day at nonesuch , a little ( as i remember ) before cuffes coming over , i attending on her , shewed a passionate distast of my lords proceeding in ireland , as if they were unfortunate , without judgement , contemptuous , and not without some private end of his own , and all that might be , and was pleased , as she spake of it to many that she trusted least , so to fall into the like speech with me ; whereupon i who was still awake , and true to my grounds which i thought surest for my lords good , said to this effect : madam , i know not the particulars of estate , and i know this , that princes actions must have no abrupt periods or conclusions , but otherwise i would think , that if you had my lord of essex here with a white staff in his hand , as my lord of leicester had , and continued him still about you for society to your self , and for an honor and ornament to your attendance and court in the eies of your people , and in the eies of forraign ambassadors , then were he in his right element : for , to discontent him as you do , and yet to put arms and power into his hands , may be a kinde of temptation to make him prove combersome and unruly . and therefore if you would imponere bonum clausulam , & send for him and satisfie him with honor here neer you , if your affairs which ( as i have said ) i am not acquainted with , will permit it , i think were the best way . which course your lordship knoweth , if it had been taken then all had been well , and no contempt in my lords coming over , nor continuance of these jealousies , which that employment of ireland bred , and my lord here in his former greatness . well , the next news that i heard , was , that my lord was came over , and that he was committed to his chamber for leaving ireland without the queens licence : this was at nonesuch , where ( as my duty was ) i come to his lorship , and talked with him privately about a quarter of an hour , and he asked mine opinion of the course was taken with him ; i told him : my lord , nubecula est , cito transibit : it is but a mist : but shal i tel your lordship , it is as mists are , if it go upwards , it may haps cause a showre , if downwards it wil clear up . and therefore good my lo. carry it so , as you take away by all means all ombrages and distasts from the queen , & especially if i were worthy to advise you , ( as i have been by your self thought , and now your question imports the continuance of that opinion ) observe . points : first , make not this cessation or peace which is concluded with tyrone , as a service wherein you glory , but as a shuffling up of a prosecution which was not very fortunate . next , represent not to the queen any necessity of estate , whereby as by a coercion or wrench , she should think her self inforced to send you back into ireland ; but leave it to her . thirdly , seek accesse importune , oportune , seriously , sportingly every way . i remember my lord was willing to hear me , but spake very few words , and shaked his head sometimes , as if he thought i was in the wrong ; but sure i am , he did just contrary in every one of these three points . after this , during the while since my lord was committed to my lord keepers , i came divers times to the queen , as i had used to do , about causes of her revenue and law business , as is well known : by reason of which accesses , according to the ordinary charities of court , it was given out , that i was one of them that incensed the queen against my lord of essex . these speeches i cannot tell , nor i will not think that they grew any way from her majesties own speeches , whose memory i will ever honour : if they did , she is with god , and miserum est ab illis laedi , de quibus non possis queri . but i must give this testimony to my lord cecil , that one time in his house at the savoy he dealt with me directly , and said to me ; cousin , i hear it , but i beleeve it not , that you should do some ill office to my lord of essex : for my part i am meerly passive and not active in this action , and i follow the q. and that heavily , and i lead her not ; my lord of essex is one that in nature i could consent with as well as with any one living ; the queen indeed is my soveraign , and i am her creature , i may not lose her , and the same cours i would wish you to take : whereupon i satisfied him how far i was from any such minde . and as sometimes it cometh to pass , that mens inclinations are opened more in a toy , then in a serious matter : a little before that time , being about the middle of michaelmas terme , her majesty had a purpose to dine at my lodge at twicknam park , at which time i had ( though i profess not to be a poet ) prepared a sonnet directly tending & alluding to draw on her majesties reconcilement to my lord , which i remember also i shewed to a great person , and one of my lords neerest friends , who commended it : this , though it be ( as i said ) but a toy , yet it shewed plainly in what spirit i proceeded , & that i was ready not only to do my l. good offices , but to publish and declare my self for him ; and never was so ambitious of any thing in my life time , as i was to have carried some token or favour from her majesty to my lord , using all the art i had , both to procure her majesty to send , and my self to be the messenger : for as to the former i feared not to alledge to her , that this proceeding toward my lord , was a thing towards the people very implausible , and therefore wished her majesty however she did , yet to discharge her self of it ; and to lay it upon others , and therefore that she should intermix her proceeding with some immediate graces from her self , that the world might take knowledge of her princely nature and goodness , lest it should alienate the hearts of her people from her , which i did stand upon , knowing wel that if she once relented to send or visit , those demonstrations would prove matter of substance for my lords good . and to draw that employment upon my self , i advised her majesty , that whensoever god should move her to turn the light of her favours towards my lord , to make signification to him thereof : that her majesty if she did it not in person , would at the least use some such mean as might not intitle themselves to any part of the thanks , as persons that were thought mighty with her , to work her , or to bring her about ; but to use some such as could not be thought but a meer conduct of her own goodness : but i could never prevail with her , though i am perswaded she saw plainly whereat i levelled : but she plainly had me in jealousie , that i was not hers intirely , but still had inward and deep respects towards my lord , more then stood at that time with her will and pleasure . about the same time i remember an answer of mine in a matter which had some affinity with my lords cause , which though it grew from me , went after about in others names . for her majesty being mightily incensed with that book which was dedicated to my lord of essex being a story of the first year of king henry the fourth , thinking it a seditious prelude to put into the peoples head boldness and faction , said , she had an opinion , that there was treason in it , and asked me if i could not finde any places in it , that might be drawn within case of treason : whereto i answered ; for treason surely i found none , but for fellony very many . and when her majesty hastily asked me wherein ; i told her , the author had commited , very apparent theft , for he had taken most of the sentences of cornelius tacitus , and translated them into english , and put them into his text . and another time when the qu. would not be perswaded , that it was his writing whose name was to it , but that it had some more mischievous author , and said with great indignation , that she would have him racked to produce his author ; i replyed , nay , madam , he is a doctor , never rack his person , but rack his stile ; let him have pen , ink , and paper , and help of books , and be enjoyned to continue the story where it breaketh off , and i will undertake by collecting the stiles , to judge whether he were the author or no. but for the main matter , sure i am , when the qu. at any time asked mine opinion of my lords case , i ever in one tenor , said unto her : that they were faults which the law might terme contempts , because they were the transgression of her particular directions and instructions : but then what defence might be made of them , in regard of the great interest the person had in her majesties favour , in regard of the greatness of his place , and the ampleness of his commission ; in regard of the nature of the business being action of war , which in common cases cannot be tyed to strictness of instructions , in regard of the distance of the place , having also a sea between , that demands and commands , must be subject to winde and weather ; in regard of a councel of state in ireland which he had at his back to avow his actions upon , and lastly in regard of a good intention that he would alledge for himself , which i told her in some religions was held to be a sufficient dispensation for gods commandements , much more for princes . in all these regards , i besought her majesty to be advised again and again , how she brought the cause into any publick question : nay , i went further , for i told her , my lord was an eloquent and wel spoken man , and besides his eloquence of nature or art , he had an eloquence of accident which passed them both , which was the pity and benevolence of his hearers ; and therefore that when he should come to his answer for himself , i doubted his words would have so unequal passage above theirs that should charge him , as would not be for her majesties honor ; and therefore wished the conclusion might be , that they might wrap it up privately between themselves , and that she would restore my lord to his former attendance , with some addition of honour to take away discontent . but this i wil never deny , that i did shew no approbation generally of his being sent back again into ireland , both because it would have carried a repugnancy with my former discourse , and because i was in mine own heart fully perswaded , that it was not good neither for the queen , nor for the state , nor for himself : and yet i did not disswade it neither , but left it ever as locus lubricus . for this particularity i do well remember that after your lordship was named for the place in ireland , and not long before your going , it pleased her majesty at white hall to speak to me of that nomination : at which time i said to her : surely , madam , if you mean not to imploy my lord of essex thither again , your majesty cannot make a better choise , and was going on to show some reason , and her majesty interrupted me with great passion : essex ! ( said she ) whensoever i send essex back again into ireland , i will marry you , claim it of me : whereunto i said ; well , madam , i will release that contract if his going be for the good of your state. immediately after the queen had thought of a course ( which was also executed to have somewhat published in the star-chamber , for the satisfaction of the world touching my lord of essex his restraint , and my lord of essex not to be called to it , but occasion to be taken by reason of some libels then dispersed ; which when her majesty propounded unto me , i was utterly against it ; and told her plainly ; that the people would say , that my lord was wounded upon his back , and that justice had her balance taken from her , which ever consisted of an accusation and defence , with many other quick and significant tearms to that purpose : insomuch that i remember i sad , that my lord in foro famae was too hard for her ; and therefore wished her as i had done before , to wrap it up privately . and certainly i offended her at that time , which was rare with me : for i call to mind that both the christmas , lent , and easter terme following , though i came divers times to her upon law business yet me thought her face and maner was not so clear and open to me , as it was at the first . and she did directly charge me , that i was absent that day at the star-chamber , which was very true ; but i alleged som in disposition of body to excuse it : and during all the time aforesaid , there was altum silentium from her to me touching my lord of essex causes . but towards the end of easter terme , her majesty brake with me , and told me that she had found my words tru , for that the proceeding in the star-chamber had done no good , but rather kindled factious bruits ( as she termed them ) then quenched them , and therefore that she was determined now for the satisfaction of the world , to proceed against my-lord in the star-chamber by an information ore tenus , and to have my lo. brought to his answer : howbeit she said , she would assure me that whatsoever she did , should be towards my l. ad castigationem , & non ad destructionem , as indeed she had often repeated the same phrase before : whereunto i said ( to the end utterly to divert her : ) madam , if you will have me speak to you in this argument , i must speak to you as frier bacons head spake , that said first , time is , and then , time was , and time would never be ; for certainly ( said i ) it is now far to late , the matter is cold and hath taken too much wind ; where at she seemed again offended , and rose from me , and that resolution for a while continued ; and after , in the beginning of midsomer tearm , i attending her , and finding her setled in that resolution ( which i heard of also otherwise ) she falling upon the like speech , it is true , that seeing no other remedy , i said to her slightly , why , madam , if you wil needs hav a proceeding , you were best have it in some such sort as ovid spake of his mistress , est aliquid luce patente minus , to make a counsel table matter of it , and there an end ; which speech again she seemed to take in ill part , but yet i think it did good at that time , and helped to divert that course of proceeding by information in the star-chamber . nevertheless afterwards it pleas'd her to make a more solemn matter of the proceeding , and some few daies after when order was given that the matter should be heard at york hous , before an assembly of councellers , peers , and judges , & some audience of men of quality to be admitted : and then did some principal councellers send for us of the learned councel , and notifie her majesties pleasure unto us , save that it was said to me openly by one of them , that her majesty was not yet resolved whether she would have me forborn in the business or no. and hereupon might arise that other sinister and untrue speech that i hear is raised of me , how i was a suter to be used against my lo. of essex at that time : for it is very true , that i that knew well what had passed between the queen and me , and what occasion i had given her both of distast and distrust , in crossing her disposition , by standing steadfastly for my l. of essex , and suspecting it also to be a stratagem arising from some particular emulation , i writ to her two or three words of complement , signifying to her majesty , that if she would be pleased to spare me in my lord of essex cause , out of the consideration she took of my obligation towards him , i should reckon it for own of her greatest favors : but otherwise desiring her majesty to think that i knew the degrees of duties , & that no particular obligation whatsoever to any subject could supplant or weaken that entireness of duty that i did ow & bear to her and her service ; & this was the goodly sute i made , being a respect no man that had his wits could hav omitted : but nevertheless i had a further reach in it , for i judged that daies work would be a full period of any bitternes or harshness between the queen and my lord , and therefore if i declared my self fully according to her minde at that time , which could not do my lord any manner of prejudice , i should keep my credit with her ever after , whereby to do my lord service . hereupon the next news that i heard , was , that we were all sent for again , and that her majesties pleasure was , we all should have parts in the business ; and the lords falling into distribution of our parts , it was allotted to me , that i should set forth some undutiful carriages of my lord , in giving occasion and countenance to a seditious pamphlet , as it was termed , which was dedicated unto him , which was the book before mentioned of k. henry the fourth . whereupon i replyed to that allotment , and said to their lordships , that it was an old matter , and had no manner of coherence with the rest of the charge , being matters of ireland , and therfore that i having been wronged by bruits before , this would expose me to them more ; and it would be said , i gave in evidence mine own tales . it was answered again with good shew , that because it was considered how i stood tyed to my lord of essex , therefore that part was thought fittest for me , which did him least hurt : for that whereas all the rest was matter of charge and accusation , this onely was but matter of caveat and admonition . wherewith though i was in mine one minde little satisfied , because i knew well a man were better to be charged with some faults , then admonished of some others : yet the conclusion binding upon the queens pleasure directly , volens nolens , i could not avoid that part that was laid upon me ; which part if in the delivery i did handle not tenderly ( though no man before me did in so clear tearms free my lord from all disloyalty as i did ) that your lordship knoweth , must be ascribed to the superiour duty i did ow to the queens fame and honour in a publick proceeding , and partly to the intention i had to uphold my self in credit and strength with the queen , the better to be able to do my lord good offices afterwards : for assoon as this day was past , i lost no time , but the very next day following ( as i remember ) i attended her majesty , fully resolved to try and put in ure my utmost endeavor ( so far as i in my weaknes could give furtherance ) to bring my lord again speedily into court and favour , and knowing ( as i supposed at least ) how the queen was to be used , i thought that to make her conceive that the matter went well then , was the way to make her leave off there ; and i remember well , i said to her , you have now madam obtained victory over two things which the greatest princes in the world cannot at their wills subdue : the one is over fame , the other is over a great minde : for surely the world is now ( i hope ) reasonably well satisfied ; & for my lord , he did shew that humiliation towards your majesty , as i am perswaded he was never in his life time more fit for your favor then he is now : therefore if your majesty will not marre it by lingring , but give over at the best , and now you have made so good a full point , receive him again with tenderness , i shall then think that all that is past , is for the best . whereat i remember she took exceeding great contentment , and did often iterate and put me in minde , that she had ever said , that her proceedings should be ad reparationem , and not adruinam , as who saith , that now was the time i should well perceive , that that saying of hers should prove true . and further she willed me to set down in writing all that passed that day . i obeyed her commandment , and within some few daies brought her again the narration , which i did read unto her at several afternoons : and when i came to that part that set forth my lords own answer , ( which was my principal care ) i do well bear in mind , that she was extrordinarily moved with it , in kindness and relenting towards my lord , and told me afterwards ( speaking how well i had expressed my lords part ) that she perceived old love would not easily be forgotten : wherto i answered suddenly , that i hoped she meant that by her self . but in conclusion i did advise her , that now she had taken a representation of the matter to her self , that she would let it go no further : for , madam , ( said i ) the fire blazeth well already , what should you tumble it : and besides it may please you keep a convenienc with your self in this case : for since your express direction was , there should be no register nor clarke to take this sentence , nor no record or memorial made up of the proceeding , why should you now do that popularly , which you would not admit to be done judicially ? whereupon she did agree , that that writing should be suppressed , and i think there were not ▪ persons that ever saw it . but from this time forth during the whole latter end of that summer while the court was at nonsuch and otlands , i made it my task and scope to take and give occasions for my lords reintegration in his fortune : which my intention i did also signifie to my lord , assoon as ever he was at his liberty ; whereby i might without peril of the queens indignation write to him , and having received from his lordship a courteous and loving acceptation of my good will and indeavours , i did apply it in all my accesses to the queen , which were very many at that time , and purposely sought and wrought upon other variable pretences , but onely and chiefly for that purpose . and on the otherside , i did not forbear to give my lord from time to time faithful advertisement what i found , and what i wished . and i drew for him by his appointment some letters to her majesty , which though i knew well his lordships gift and stile was far better then mine own , yet because he required it , alledging that by his long restraint he was grown almost a stranger to the queens present conceipts , i was ready to perform it : and sure i am , that for the space of six weeks , or two months it prospered so well , as i expected continually his restoring to his attendance . and i was never better welcom to the queen , nor more made of , then when i spake fullest and boldest for him : in which kinde the particulars were exceeding many , whereof for an example i will remember to your lordship one or two ; as at one time i call to minde , her majesty was speaking of a fellow that undertook to cure , or at least to ease my brother of his gout , and asked me how it went forwards ; and i told her majesty , that at the first he received good by it , but after in the course of his cure he found himself at a stay or rather worse : the queen said again , i will tell you bacon the error of it , the manner of these physitians , and especially these empericks is to continue one kinde of medicine , which at the first is proper , being to draw out the ill humor , but after they have not the discretion to change their medicine , but apply still drawing medicines , when they should rather intend to cure and corroborate the part . good lord , madam , ( said i ) how wisely and aptly can you speak and discern of physick ministred to the body , and consider not that there is the like occasion of physick ministred to the minde : as now in the case of my lord of essex , your princely word ever was , that you intended ever to reform his minde , and not ruine his fortune : i know well you cannot but think that you have drawn the humor sufficiently , and therefore it were more then time , and it were but for doubt of mortifying or exulcerating , that you did apply and minister strength and comfort unto him : for these same gradations of yours are fitter to corrupt then correct any mind of greatness ▪ and another time i remember she told me for news , that my lord had written unto her some very dutiful letters , and that she had been moved by them , and when she took it to be the abundance of the heart , she found it to be but a preparative to a suit for the renuing of his farme of sweet wines : whereunto i replyed ; o madam , how doth your majesty consture these things , as if these two could not stand well together , which indeed nature hath planted in all creatures . for there are but two sympathies , the one towards perfection , the other towards preservation . that to perfection , as the iron con●ēdeth to the loadstone : that to preservation , as the vine will creep towards a stake or prop that stands by it , not for any love to the stake , but to uphold it self . and therefore , madam , you must distinguish my lords desire to do you service , is as to his perfection , that which he thinks himself to be born for : whereas his desire to obtain this thing of you , is but for a sustentation . and not to trouble your lordship with many other particulars like unto these , it was at the self same time that i did draw with my lords privity , and by his appointment , two letters , the one written as from my brother , the other as an answer returned from my lord , both to be by me in secret manner shewed to the queen , which it pleased my lord very strangely to mention at the bar : the scope of which were but to represent and picture forth unto her majesty my lords minde to be such , as i knew her majesty would fainest have had it , which letters whosoever shall see , ( for they cannot now be retracted or altered , being by reason of my brothers , or his lordships servants delivery , long since come into diverse hands ) let him judge , especially if he knew the queen , and do remember those times , whether they were not the labors of one that sought to bring the queen about for my lord of essex his good . the troth is , that the issue of all his dealing grew to this , that the queen by some slackness of my lords , as i imagine , liked him worse and worse , and grew more incensed towards him . then , she remembring belike the continual , and incessant , and confident speeches and courses that i had held on my lords side , became utterly alienated from me , and for the space of ( at least ) three moneths , which was between michaelmas and new-years tide following , would not so much as look on me , but turned away from me with express and purpose-like discountenance wheresoever shee saw me : and at such time as i desired to speak with her about law business , ever sent me forth very slight refusals , insomuch as it is most true , that immediately after newyears tide i desired to speak with her ; and being admitted to her , i dealt with her plainly , and said : madam , i see you withdraw your favor from me and now i have lost many friends for your sake , i shall lose you too : you have put me like one of those that the frenchmen call enfans perdus , that serve on foot before horsmen , so have you put me into matters of envy without place , or without strength : and i know at chess a pawn before the king , is ever much plaid upon : a great many love me not , because they think i have been against my lord of essex ; and you love me not , because you know i have been for him : yet will i never repent me , that i have dealt in simplicity of heart towards you both , without respect of cautions to my self : and therefore vivus vidensque pereo . if i do break my neck , i shall do it in a manner as master dorrington did it , which walked on the battlements of the church many daies , and took a view & survey where he should fall : and so , madam , ( said i ) i am not so simple , but that i take a prospect of mine overthrow , onely i thought i would tel you so much , that you may know that it was faith , and not folly that brought me into it , & so i will pray for you . upon which speeches of mine uttered with some passion , it is true her majesty was exceedingly moved ; and accumulated a number of kind & gratious words upon me , and willed me to rest upon this , gratia mea sufficit , and a number of other sensible & tender words and demonstrations , such as more could not be ; but as touching my lord of essex , ne verbum quidem . whereupon i departed , resting then determined to meddle no more in the matter ; as that , that i saw would overthrow me , and not be able to do him any good . and thus i made mine own peace with mine own confidence at that time ; and this was the last time i saw her majesty , before the eight of february , which was the day of my lord of essex his misfortune , after which time for that i perform at the bar in my publick service , your lordship knoweth by the rules of duty , that i was to do it honestly and without prevarication : but for any putting my self into it , i protest before god , i never moved neither the queen , nor any person living concerning my being used in the service , either of evidence or examination : but it was meerly laid upon me with the rest of my fellows . and for the time which passed , i mean between the arraignment and my lords suffering , i well remember but i was once with the qu. at what time though i durst not deal directly for my lord as things then stood ; yet generally i did both commend her majesties mercie , terming it to her as an excellent balm that did continually distil from her soveraign hands , and made an excellent odour in the senses of her people : and not onely so , but i took hardiness to extenuate , not the fact , for that i durst not ; but the danger , telling her that if some base or cruel minded persons had entered into such an action , it might have caused much blood and combustion : but it appeared well they were such as knew not how to play the malefactors , and some other words which i now omit . and as for the rest of the carriage of my self in that service , i have many honorable witnesses that can tel , that the next day after my lords arraignment , by my diligence and information touching the quality and nature of the offendors , six of nine were stayed , which otherwise had been attainted , i bringing their lordships letter for their stay , after the jury was sworn to pass upon them ; so neer it went : and how careful i was , and made it my part , that whosoever was in trouble about that matter , assoon as ever his case was sufficiently known and defined of , might not continue in restraint , but be set at liberty : and many other parts , which i am well assured of stood with the duty of an honest man. but indeed i will not deny for the case of sir thomas smith of london , the q. demanding my opinion of it , i told her , i thought it was as hard as many of the rest : but what was the reason ? because at that time i had seen only his accusation , and had never been present at any examination of his : and the matter so standing , i had been very untrue to my service , if i had not delivered that opinion . but afterwards upon a re-examination of som that charged him , who weakned their own testimony ; & especially hearing himself viva voce , i went instantly to the q. out of the soundness of my conscience , & not regarding what opinion i had formerly delivered , told her majesty , i was satisfied and resolved in my conscience , that for the reputation of the action , the plot was to countenance the action further by him in respect of his place , then they had indeed any interest or intelligence with him . it is very true also , about that time her majesty taking a liking of my pen , upon that which i had done before concerning the proceeding at york house , and likewise upon some other declarations , which in former times by her appointment i put in writing , commanded me to pen that book , which was published for the better satisfaction of the world : which i did , but so , as never secretary had more perticular , and express directions and instructions in every point how to guide my hand in it : and not onely so , but after that i had made a first draught thereof and propounded it to certain principal councellors , by her majesties appointment , it was perused , weighed , censured , altered , and and made almost anew , writing according to their lordships better consideration , wherein their lordships and my self both were as religious and curious of truth , as desirous of satisfaction : and my self indeed gave onely words and form of stile in pursuing their direction . and after it had passed their allowance , it was again exactly perused by the queen her self , and some alterations made again by her appointment : nay , and after it was set to print , the queen , who as your lordship knoweth , as she was excellent in great matters , so she was exquisite in small : and noted that i could not forget my ancient respect to my lord of essex interming him ever my lo. of essex , my lord of essex almost in every page of the book , which she thought not fit , but would have it made , essex , or the late earl of essex : whereupon of force it was printed de novo , & the first copies suppressed by her peremptory commandment . and this my good lord , to my furthest remembrance , is all that passed wherein i had part , which i have set down as neer as i could in the very words and speeches that were used , not because they are worthy the repetition , i mean those of mine own ; but to the end your lordship may lively and plainly discern between the face of truth , and a smooth tale . and the rather also because in things that passed a good while since , the very words and phrases did sometimes bring to my remembrance the matters , wherein i report me to your honorable judgement , whether you do not see the traces of an honest man : and had i been as well beleeved either by the queen or by my lord , as i was well heard by them both , both . my lord had been fortunate , and so had my self in his fortune . to conclude therefore , i humbly pray your lordship to pardon me for troubling you with this long narration , and that you will vouchsafe to hold me in your good opinion , till you know i have deserved , or finde that i shall deserve the contrary ; and even so i continue at your lordships honorable commandments very humbly . the ld. bacon his letter to the most illustrious , and most excellent prince charls , prince of wales , duke of corn-wal , earl of chester , &c. it may please your highness , in part of my acknowledgement to your highness , i have endevoured to do honor to the memory of the last king of england that was ancestor to the king your father and your self , and was that king to whom both unions may in a sort refer , that of the roses being in him consummate , and that of the kingdoms by him begun : besides his times deserve it , for he was a wise man , and an excellent king ; and yet the times very rough and full of mutations and rare accidents : and it is with times , as it is with wayes , some are more up hill and down hill , and some are more flat and plain , and the one is better for the liver , and the other for the writer : i have not flattered him , but took him to life as well as i could , sitting so far of , and having no better light ; it is true your highness hath a living patern , incomparable of the king your father , but is not amiss for you also to see it one of these ancient pieces : god preserve your highness . your highness most humble and devoted servant , francis s t alban . finis . the lord treasurer bur leigh his advice to queen elizabeth in matters of religion and state. most gratious soveraign , care ( one of the true bred children of my unfained affection ) awaked with the late wicked and barbarous attempts , would needs exercise my pen to your sacred majesty , not onely encouraging me , that it would take the whole fault of boldness upon it self ; but , also , that even the world should not doubt to appear in your highness presence in their kindly rudeness . for that if your majesty with your voice did but read them , your very reading would grace them with eloquence . therefore laying aside all self guilty conceits of ignorance ( knowing that the sign is not angry with the well meaning astronomer , though he hap to miss his course ; i will with the same sincerity display my humble conceits ) wherewith my life shall be amongst the foremost to defend the blessings which god ( in you ) hath bestowed upon us . so far then as can be perceived by my humane judgment , dread soveraign , you may judge , that the happiness of your present estate , can no ways be encumbred with one of these two means , ( viz ) either by your factious subjects , or forraign enemies . your strong and factious subjects are the papists , strong i account them , both in number and nature ; for by number they are able to raise a great army , and by their natural and mutual confidence , and intelligence , they may soon bring to pass an uniting with forraign enemies ; factious i call them , because they are discontented , of whom in all reason of state your majesty must determine ; if you will suffer them to be strong to make them the better content , or if you will discontent them , by making them weaker ; for what the mixture of strength and discontent are in genders , there needs no syllogism to prove . to suffer them to be strong with hope , that with reason they will be contented , carrieth with it in my opinion , but a fairer enamling of a terrible danger . for first , mens natures are not only to strive against a present smart , but to revenge by-past injury , though they be never so well contented hereafter , which cannot be so sufficient a pledg to your majesty , but that when opportunity shal flatter them , they will remem . +ber , not the after slacking , but the former binding , and so much the more when they shall imagine this relenting rather to proceed from fear , the which is the poyson of all government , when the subject thinks the prince doth any thing more out of fear then favour . and therefore the romans would rather abide the uttermost extremities , then by their subjects to be brought to any conditions . again , for to make them contented absolutely , i do not see how your majesty either in conscience will do or in policy may do it , since you cannot throughly discontent your faithful subjects , and to fasten an unreconciled love , with the losing of certain love , is to build a house with the sale of lands ; so much the more in that your majesty is imbarqued in the protestant cause , as in many respects by your majesty it cannot be with any safety abandoned , they having been so long time the onely instruments both of your councel and power ; and to make them half content , and half discontent , methinks carries with it as deceitful a shadow of reason as can be , since there is no pain so small , but if we can cast it off , we will ; and no man loves one the better for giving him the bastinado though with never so little a cudgel . but the course of the most wise , most politick , and best grounded estate , hath ever been to make an assuredness of friendship , or to take away all power of enmity . yet , here must i distingiush between discontent and dispair , for it sufficeth to waken the discontented ; but there is no way but to kill desperates ( which in such a number as they are ) were as hard and difficult , as impious and ungodly . and therefore , though they must be discontented , yet , i would not have them desperate ; for among many desperate men , it is like some one will bring forth some desperate attemps . therefore , considering that the urging of the oath , must needs in some degree beget despair , since therein he must either think ( as without the special grace of god he cannot think otherwise ) or else become a traitor , which before some hurt done seemeth hard : i humbly submit this to your excellent consideration , whether with as much sincerity of your majesties person and state , and more satisfaction for them , it were not better to leav the oath to this sense , that whosoever would not bear arms against all forraign princes , and namely , the pope , that should any way invade your majesties dominions , he should be a traytor ; for hereof this commodity will ensue ; that those papists ( as i think most papists would that should take this oath ) would be devided from the great mutual confidence which now is betwixt the pope and them , by reason of their afflictions for him : and such priests as would refuse that oath then no tongue could say for shame , that they suffer for religion , if they did suffer . but here it may be objected , they would dissemble and equivocate with this oath ; and that the oath would dispence with them in that case . even so may they with the present oath both dissemble and equivocate , and also have the popes dispensation for the present oath , as well as for the other . but this is certain , that whomsoever the conscience , or fear of breaking an oath doth binde , him would that oath binde . and that they make conscience of an oath , the troubles , losses , and disgraces , that they suffer for refusing the same , do sufficiently testifie : and you know that the perjury of either oath is equal . so then the farthest point to be sought for their contentment is but to avoid their dispair . how to weaken their contentment is the next consideration . weakned they may be , by two means . first , by lessening their number . secondly , by taking away from their force , their number will easily be lessened , by the means of careful and diligent preachers in each parish to that end appointed ; and especially , by good school-masters , and bringers up of their youth ; the former by converting them after their fall ; and the latter , by preventing them from falling into their errors . for preachers ( because their own ) groweth a great question ; i am provoked to lay at your highness feet my opinion touching the preciser sort . first , protesting to god almighty , and your sacred majesty , that i am not given over , no , nor so much as addicted to their preciseness ; therfore till i think , that you think otherwise , i am bold to think , that the bishops in these dangerous times , take a very ill and unadvised course in driving them from their cures ; and this i think , for two causes . first , because it doth discredit the reputation and estimation of your power ; when the princes shal perceive , and know ; that even in your protestant subjects ( in whom consisteth all your force , strength , and power ) there is so great , and heart burning a division , and how much reputation swayeth in these , and all other worldly actions ; there is none so simple , as to be ignorant : and the papists themselves ( though there be most manifest , and apparent discord between the franciscans and dominicans , the jesuites , and other orders or religious persons , especially the benedictims : ) yet will they shake off none of them , because in the maine point of popery they all agree , and hold together : and so far they may freely brag and vaunt of their unity . the other reason is , because in truth , ( in their opinions ) though they are oversqueamish , and nice , and more scrupulous then they need ; yet with their careful catechizing , and diligent preaching , they bring forth that fruit which your most excellent majesty is to desire , and wish , namely , the lessning and diminishing the papistical numbers . and therefore in this time your majesty hath especial cause to use and imploy them , if it were but as frederick the second ( that excellent emperor ) did use and employ the sarazens souldiers against the pope , because he was well assured , and certainly knew , that they onely would not spare his sanctity . and for those objections what they would do , if once they got a full and entire authority in the church , methinks they are inter remota & in certa mala , and therefore , vicinia & certa , to be first considered . as for school-masters ( they may be a principal means of diminishing their number ) the lamentable and pittiful abuses of them are easie to be seen , since the greatest number of papists is of very young men ; but your majesty may prevent that bud , and may use therein not onely a pious and godly means , in making the parents of every shire to send their children to be vertuously brought up at a certain place , for that end appointed ; but you shall also ( if it please your majesty ) put in practice a notable stratagem , used by certories in spaine , by choosing such fit and convenient places for the same , as may surely be at your devotion ; and by this means you shall under colour of education , have them as hostages of the parents fidelities , that have any power in england : and by this way their number will quickly be lessned ; for i account death doth no wayes lessen them , since we find by experince , that death worketh no such effect ; but that like hydra's heads , upon cutting off one , seven growes up ; persecution being accounted as the badg of the church ; and therfore they should never have the honour to take any pretence of martyrdom in england , where the fulness of blood , and greatness of heart is such , that they will even for shameful things go bravely to death ; much more when they think themselves to climb heaven , and that vice of obstinacy seems to the common people a divine constancy . but for my part i wish no lessning of their number , but by preaching , and of the youngers education under good school-masters ; there taking away of their forces , is as wel by peace's authority , as of war provision . their peace's authority standeth , either in offices , or tenantries . for their offices , their credit w●ll seem available , if order be taken , that from the highest councellor to the lowest constable , none to have any charge or office , but such as will really pray and communicate in their congregation according to the doctrine received generally into this realm . for their tenantries , this conceit i have thought upon , ( which i submit to your farther piercing judgment ) that your majesty in every shire should give strict order , to some that are indeed trusty and religious gentlemen ; that whereas your majesty is given to understand that divers popish landlords , do hardly use all such of your people and subjects , ( as being their tenants ) do embrace and live after the authorised and true religion ; that therefore you do constitute and appoint to deal both with intreaty and authority , ( paying as others do ) that they be not thrust out of their living , nor otherwise unreasonably molested . this would greatly bind the commons hearts unto you ( on whom indeed consisteth the power and strength of your realm ) and it will make them much the less , or nothing at all depend upon their landlords . and although there may hereby grow some wrong , which the tenants upon that confidence may offer to their landlords ; yet , those wrongs are very easily , even , with one wink of your majesty redressed ; and are nothing comparable , to the danger , of having many thousands depending upon the adverse party . their wars provision , i account men and munition , of whom in some , i could wish no man , either great or smal , should so much as be trained up in any musters ; except his ●arishioners would answer for him , that he orderly and duly receiveth the communion ; and for munition , that not one should keep in his house , or have at command , so much as a halbert , without he were conformable to the church , and of the condition aforesaid . and if such order were taken , that considering they were not put to the labour and charge of mustering and training ; therefore their contribution should be more and more narrowly looked into : this would breed a chilness unto their fervour of superstition ; especially in popular resolutions , who if they love egypt , is chiefly for the flesh pots , so that me-thinks this temper should well agree with your wisdom , and the mercifulness of your nature . for to compel them you would not ; kill them you would not ; so in reason to trust them you should not ; trust being in no case to be used , but where the trust is of one minde , with the trusting reason , which ever commandeth every wise man to fly and avoyd that shamefac'dness with the greeks ; which is , not to seem to doubt them , which give just occasion of doubt . this ruined hercules the son of great alexander ; for , although he had most manifest reasons , and evident arguments to induce him to suspect his ill servant poliperchon , yet , out of the confidence he had of him , and the experience he had of his former loyalty , he would make provision accordingly , because , he would not seem so much as to misdoubt or suspect him ; and so by that means he was murthered by him . but the knot of this discourse is ; that if your majesty finde it reasonable of the one side , by relenting the rigour of the oath , and of the other by disabling the unsound subjects , you shall neither execute any , but very traytors , in all mens opinions and constructions ; nor yet put faith and confidence in those , even for their own sakes which must be faithful . the second point of the general part of my discourse , is , the consideration of your forraign enemies , which may prove either able or willing to hurt you ; and those are scotland , for his pretence and neighbourhood , and spain , for his religion and power ; as for france , i see not why it should not rather be made a friend , not an enemy ; for though he agree not with your majesty , in matters of conscience and religion ; yet , in hoc termino , he doth agree , that he feareth the greatness of spain , and therefore , that may soder the link which religion hath broken , and make him hope by your majesties friendship , to secure himself of so potent an adversary . and though he were evilly affected towards your majesty , yet , i do not think it greatly to be feared , the pres●●● condition of his estate , himself being a prince who hath given an assurance to the world , that he loves his ease much better then victories , and a prince , that is neither beloved nor feared of his people : and the people themselves being of a very light , and unconstant disposition ; and besides , they are altogether unexperienced , and undisciplined how to do their duties , either in war or peace ; they are ready to begin and undertake any enterprize before they enter into consideration thereof , and yet weary of it before it be well begun , they are generally poor and weak , and subject to sickness at sea , divided and subdivided into sundry heads , and several f●●tions , not onely between hugonites and papists , but also between the memorancis , guises , and migonominies ; the people being opressed by all due hate ; so that for a well setled and established government , and common-wealth , as your majesties is , i see no grounds why to misdoubt or fear them , but onely fo farforth as the guisars hap to serve for boutefeus in scotland ; and while it shall please your majesty , but with reasonable favour to support the king of navar , i do not think the french king will ever suffer you to be from thence anoyed . therefore , for france , your majesty may assure your self of one of these two ; either to make with him a good aliance , in respect of the common enemy of both kingdoms , or at the least so to muzle him , as that he shall have little power to bite you . as for scotland , if your majesty assist and help those noble men there , which are by him suspected , your majesty may be sure of this , that those will keep at home . and also whilst he is a protestant , no forraign prince will take part with him against your majesty : and of himself he is not able to do much harm , the better part of his nobles being for your majesty ; and if in time he should grow to be a papist , your majesty shall always have a strong party at his own doors , in his own kingdom , to restrain his malice ; who since they depend upon your majesty , they are in all policy never to be abandoned ; for by this resolution the romans anciently , and the spaniards presently , have most of all prevailed : and on the contrary , the macedonians in times past , & the french men in our age , have lost all their forraign friends , because of their aptness to neglect them who depended upō them ; but if your majesty could by any means possible devise to bring in again the hamiltons , he should then be beaten with his own weapons , and should have more cause to look to his own succession then to be too busie abroad . but spain , yea , spain it is , in which ( as i conceive ) all causes do concur , to give a just alarm to your excellent highness judgement . first ; because in religion , he is so much the popes , and the pope in policy so much his , as that the minde of pope gregory , and the power of king philip , will , nor can compass , or bring us in all probability to be expected , himself being a prince , whose closet hath brought forth geater victories , then all his fathers journies , absolutely by ruling his subjects ; a people all one hearted in religion , constantly ambitious , politick , and valiant ; the king rich and liberal , and ( which of all i like worst ) greatly beloved amongst all the discontented party of your highness subjects ; a more lively proof whereof one could never see , then in the poore don anthonio , who when he was here , was as much at mass , as any man living , yet there did not so much as one papist in england give him any good countenance ; so factious an affection is born the spaniards . now , as of him is the chief cause of doubt , so of him the chief care must be had of providence . but this offers a great question , whether it bebetter to procure his amity , or stop the course of his enmity ; as of a great lion , whether it be more wisdom , to trust to the taming of him , or tying of him . i confess , this requires a longer and larger discourse , and a better discourser then my self ; and therefore i will stay my self from roaving over so large a field , but onely with the usual presumption of love , yeeld this to your gratious consideration . first , if you have any intention of league , you see upon what assurance , or at least what likelihood you may have , that he will observe the same . secondly , that in a parlying season it it be not as a countenance unto him the sooner to overthrow the low countries , which hitherto hath been as a counter-scarff to your majesties kingdom . but if you doe not league , then your majesty is to think upon means for strengthening your self and weakning of him , and therein your own strength is to be tendered both at home and abroad . for your home strength in all reverence i leave it as the thing which contains in effect the universal consideration of government . for your strength abroad , it it must be in joyning in good confederacy , or at least intelligence with those that would willingly embrace the same . truly , not so much as the turk and morocco , but at some time they may serve your majesty to great purpose , but from florence , ferrara , and especially venice , i think your majesty might reap great assurance and service , for undoubtedly they fear his frauds , and abhor his greatness . and for the dutch and nothern princes being in effect of your majesties religion , i cannot think but their alliance may be firm , and their power not to be contemned , even the countenance of united powers doth much in matters of state. for the weakning of him , i would ( i must confess from my heart ) wish that your majesty did not spare throughly and manifestly both upon the indies , and the low-countries , which would give themselves unto you ; and rather take him while he hath one hand free and at liberty , then both of them sharply weaponed . but if this seem foolish hardiness to your majesties wisdom , yet i dare not presume to councel ( but beseech ) your majesty , that what , i say , your majesty ( without warre ) can give to the low-countries , you would vouchfafe to do it , since as king of spain without the low countries , he may trouble our skirts of ireland , but can never come to grasp with you ; but if he once reduce the low-countries to an absolute subjection , i know not what limit any man of judgment can set unto his greatness : divers wayes are to be tryed , among the rest one , ( not the worst ) in my opinion , might be to seek either the winning of the prince of parma from the king of spain , or at the least to have the matter so handled , so as the jealousie thereof may arise betwixt them , as pope clement did by the notable marquess of pescara , for he practized , with him for offering the kingdom of naples , not so much with whom to joyn him , as to make his master suspect him , for when i confider that parma is a roman by blood , a prince born , placed in the place he hath by don john , and maintained in it by the male-contents ; whereunto the king hath rather yeelded of necessity then any other way . lastly , when i remember the cittadel of pierensa , kept by the spaniards , and the apparent title of his son remutio to the crown of portugal , things hardly to be digested by an italian stomack , i cannot see how such a mind in such a fortune can sell it self to a forraign servitude . the manner of dealing with him , should be by some man of spirit , with the venetian ambassadors at paris , and afterwards with his own father in italy , both which are in their hearts mortal enemies of the greatness of spain . but these sheets of paper bare witness against me , of having offered too tedious a discourse to your majesty , divers of which points , yet , as of mittigating the oath , the school hostages , the heartning of tennants , and the dealing with the prince of parma , would require a more ample handling ; but it is first , reason to know whether your majesty like of the stuff before it be otherwise trimmed . for my self , as i will then only love my opinions , when your majesty liketh them ; so will i daily pray , that all opinions may be guided with as much faith , as i have zeal to your majesties service , and that they may be followed with infinite success . finis . to the ld. bacon then faling from favour . dazel'd thus with height of place , whilst our hopes our wits beguile ; no man markes the narrow space 'twixt a prison and a smile : then since fortune's favors fade , you that in her arms do sleep , learn to swim and not to wade , for , the hearts of kings are deep . but if greatness be so blinde , as to trust in towers of air ; let it be with goodness lin'd , that at least the fall be fair : then though darkned you shall say , when friends fail and princes frown , vertue is the roughest way , but proves at night a bed of down . to my reverend friend ; doctor a. sir , amongst consolations , it is not the least to represent to a mans self ; like examples of calamity in others . for examples give a quicker impression then arguments , and besides , they certifie us that which the scripture also tenders for satisfaction ; that no new thing is hapned unto us : this they do the better , by how much the examples are liker in circumstances to our own case , and more especially , if they fall upon persons that are greater and worthier then our selves : for as it savoureth of vanity to match our selves highly in our own conceit ; so on the other side , it is a good sound conclusion , that if our betters have sustained the like events , we have the less cause to be grieved . in this kind of consolation i have not been wanting to my self , though as a christian i have tasted ( through gods great goodness ) of higher remedies . having therefore through the variety of my reading , set before me many examples , both of ancient and latter times ; my thoughts i confess have chiefly staid upon three particulars , as the most eminent & the most resembling all three persons that had held chief places of authority in their countries , all three ruined , not by war , or by any other disaster , but by justice and sentence , as delinquents and criminals : all three famous writers , insomuch as the remembrance of their calamity is now as to posterity , but as a little picture of night-work , remaining amongst the faire and excellent tables of their acts and works : and all three ( if that were any thing to the matter ) fit examples to quench any mans ambition of rising again ; for that they were every one of them restored with great glory , but to their further ruine and destruction , ending in a violent death . the men were demosthenes , cicero , and seneca , persons that i durst not claim affinity with , except the similitude of our fortunes had contracted it . when i had cast mine eyes upon these examples , i was carried on further to observe , how they did beare their fortunes , and principally how they did imploy their times , being banished and disabled for publick businesse , to the end that i might learn by them , and that they might be as well my counsellors as my comforters . whereupon i h●pned to note , how diversly their fortunes wrought upon them , especially in that point at which i did most aim , which was the employing of their times and pens . in cicero i saw , that during his banishment ( which was almost two years ) he was so softned and dejected , that he wrote nothing but a few womanish epistles . and yet in mine own opinion , he had least reason of the three , to be discouraged : for that although it was judged , and judged by the highest kind of judgement , in form of a statute , or law , that hee should be banished , and his whole estate confiscated and seised , and his houses puld down ; and that it should be highly penal for any man to propound his repeale : yet his case even then had no great blot of ignominy , but it was thought but a tempest of popularity which overthrew him . demost henes contrariwise , though his case was foule , being condemned for bribery , and not simple bribery , but bribery in the nature of treason and disloyalty ; yet nevertheles took so little knowledge of his fortune , as during his banishment , hee did much busie himselfe , and entermedle with matters of state , and took upon him to counsel the state ( as if he had been stil at the helm ) by letters , as appears by some epistles of his , which are extant . seneca indeed , who was condemned for many corruptions and crimes , and banished into a solitary island , kept a mean ; & though his pen did not freeze , yet he abstained from intruding into matters of business ; but spent his time in writing books of excellent argument and use for all ages , though hee might have made better choyce ( sometimes ) of his dedications . these examples confirmed mee much in a resolution ( whereunto i was otherwise inclined ) to spend my time wholly in writing , & to put forth that poor talent , or half talent or what it is that god hath given me . but revolving with my self my writings as wel those which i have publisht , as those i have in hand , me thought they all went into the city and none into the temple ; where , because i found so great consolation , i desire to make some poor oblation : therefore i have chosen an argument mixt of reliligious and civill considerations ; and likewise mixt between contemplative and active . this work , because i was ever an enemy to flattering dedications , i have dedicated to you , in respect of our ancient and privat acquaintance . and because amongst the men of our times , i held you in especiall reverence . your loving friend , fra. st. alban . in obitum incomparabilis fransci de verulamio , &c. dum moriens tantam nostris verulamius heros tristitiam musis , luminaque uda facit : credimus heu nullū fieri post fata beatum , credimus & samium desipuisse senem . scilicet hic miseris , felix nequit esse camaenis nec se quam musas plus amat iste suas . at luctantē animā clotho imperiosa cöegit ad coelum , invitos traxit in astra pedes . ergone phoebeias jacuisse putabimus artes ? atque herbas clarii nil valuisse dei ? phoebus idē potuit , nec virtus abfuit herbis hunc artem atque illas vim retinere putes : at phoebū ( ut metuit ne rex foret iste camaenis ) rivali medicam crede negasse manum . hinc dolor est ; quod cum phoebo verulamius heros major erat reliquis , hac foret arte minor . vos tamē , ô tantū manes atque umbra , camaenae et poenae inferni pallida turba jovis , si spiratis adhuc , & non lucistis ocellos , sed neque post illum vos superesse putem : si vos ergo aliquis de morte reduxerit orpheus , istaque non aciem fallit imago meam : discite nunc gemitus , & lamentabile carmen , exoculis vestris lacryma multa fluat . en quam multa fluit ? veras agnosco camaenas et lacrymas , helicon vix satis unus erit ; deucalionaeis & qui non mersus inundis pernassus ( mirum est ) hisce latebit aquis . scilicet hic periit , per quē vos vivitis , & qui multâ pierias nutriit artes deas . vidit ut hic artes nulla radice retentas , languere ut summo semina sparsa solo ; crescere pegaseas docuit , velut hasta quirini crevit , & exiguo tempore laurus erat . ergo heliconiadas docuit cū crescere divas , diminuent hujus secula nulla decus . nec ferre ulterius generosi pectoris aestus contemptū potuit , diva minerva , tuum , restituit calamus solitū divinus honorem , dispulit & nubes alter apollo tuas . dispulit & tenebras sed quas obsusca vetustas , temporis & prisci lippasenecta tulit ; atque alias methodos sacrum instauravit acumen , gnossiaque eripuit , sed sua fili dedit . scilicet antiquo sapientum vulgus in aevo tam claros oculos non habuisse liquet ; hi velut eoo surgens de littore phoebus , hic velut in mediâ fulget apollo die : hi veluti typhis tentarunt aequora primum , at vix deseruit littora prima ratis , pleiadas hic hyadasque atque omnia sydera noscens , syrtes , atque tuos , improba sylla , canes ; scit quod vitandum est , quo dirigat aequore navem , certius & cursum nautica monstrat acus ; infantes illi musas , hic gignit adultas ; mortales illi , gignit at iste deas . palman ideo reliquis magna instauratio libris abstulet , & cedunt squalida turba sophi , et vestita novo pallas modo prodit amictu anguis depositis ut nitet exuviis . sic phoenix cineres spectat modo nata paternos , aesonis & rediit prima juventa senis . instaurata suos & sic verulamia muros jactat , & antiquum sperat ab inde decus sed quāta effulgēt plus quā mortalis ocelli lumina , dum regni mystica sacra canat ? dum sic naturae leges , arcanaque regum , tanquam à secretis esset utrisque can●t : dū canat henricū , qui rex , idemque sacerdos connubio stabili junxitutramque rosam . arqui haec sunt nostris longe majora camaenis , non haec infaelix granta sed aula sciat : sed cum granta labris admoverit ube●a tantis jus habet in laudes ( maxime alumne ) tuas jus habet , ut moestos lacrymis extingueret ignes , posset ut è medio diripuisse rogo . at nostrae tibi nulla ferant encomia musae , ipse canis , laudes & canis inde tuas . nos tamen & laudes , quâ possumus arte , canemus , si tamen ars desit , laus erit iste dolor . finis . notes, typically marginal, from the original text notes for div a -e page . of wotton's letters . two orders the one, to all high sheriffes, iustices of the peace, and other officers, within . miles of the city of yorke. the other, in particular, to the high sheriffes, iustices of the peace, and other officers, within the county of lancaster. in generall, to all the counties of england and dominion of wales. england and wales. parliament. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e a thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) two orders the one, to all high sheriffes, iustices of the peace, and other officers, within . miles of the city of yorke. the other, in particular, to the high sheriffes, iustices of the peace, and other officers, within the county of lancaster. in generall, to all the counties of england and dominion of wales. england and wales. parliament. sheet ([ ] p.) printed at london by e. griffin, for christopher latham, [london] : . "sabbathi . maii, . ordered by the lords in parliament, that these orders be forthwith printed and published. jo. browne cleric. parliamentorum.". as the king intends to make war on the parliament all high sheriffs and lord lieutenants are to secure arms and ammunition and suppress the raising of troops with consent of parliament. -- steele. reproductions of the originals in the harvard university library (early english books) and the british library (thomason tracts). eng great britain -- history -- civil war, - -- early works to . great britain -- politics and government -- - -- early works to . yorkshire (england) -- history -- th century -- sources. great britain -- militia -- early works to . a r (thomason .f. [ ]). civilwar no two orders; the one, to all high sheriffes, iustices of the peace, and other officers, within . miles of the city of yorke. the other, in england and wales. parliament. a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion two orders ; the one , to all high sheriffes , iustices of the peace , and other officers , within . miles of the city yorke . the other , in particular , to the high sheriffes , iustices of the peace , and other officers , within the county of lancaster . in generall , to all the counties of england and dominion of wales . die veneris . maii. . whereas it appeares to the lords and commons , that the king , seduced by wicked counsell , intends to make warre upon his parliament : it is therefore ordered by the lords and commons , that the high sheriffe and justices of the peace and other officers within the same counties , cities , and townes corporate , situate within miles of the city of yorke , shall forthwith take speciall care , for to make stay of all armes and ammunition carrying towards yorke , untill they have given notice thereof unto the lords and commons , and shall have received their further direction . and for the better effecting hereof , the said high sheriffe , justices of the peace , and other officers , are further to take speciall care , that strict watches be kept within their severall limits and jurisdictions for the searching for and seizing of all such armes and ammunition , as likewise for the apprehending all persons going with the same . die sabbathi , . maii . whereas it appeareth , that the king seduced by wicked counsell , intends to make war against the parliament , and under the colour of a guard to secure his royall person , doth command troopes both of horse and foote to assemble at yorke ; all which is against the lawes of the kingdome , tending to the dissolution of the parliament , and destruction of the people : it is therefore ordered by the lords and commons in parliament , that the sheriffe of the county of lancaster , and all other sheriffes , of the kingdome of england , and dominion of wales , shall by the power of that county , and of their severall counties respectively suppresse the raising , and comming together of any souldiers horse or foote , by any warrant , commission , or order from his majesty , without the advice , and consent of the lords and commons in parliament ; and that all persons whatsoever doe forbeare to execute any such commission , or warrant for levying souldiers , or gathering them together , without consent of parliament ; and those who shall execute or obey any such commission , or warrant , are hereby declared to be disturbers of the peace of the kingdome . and the lord lievtenant of the county of lancaster , and all lord lievtenants of all other counties in the kingdome of england , or dominion of wales respectively , as likewise all deputy lievtenants , captaines , and officers of the trained-bands , and all majors , iustices of peaceand other his majesties loving subjects , are hereby commanded , and required to be ayding and assisting to the said sheriffe of the county of lancaster , and to the other sheriffes of the other counties of this kingdome , and of the dominion of wales ; and that his majesties loving subjects may the better understand what the law , and their owne duty is in this behalfe , the said sheriffe of lancaster , and other sheriffes of the other counties of this kingdome respectively , shall cause this present order forthwith to be published , in the severall market townes within their said counties . sabbathi . maii. . ordered by the lords in parliament , that these orders be forthwith printed and published . jo. browne cleric . parliamentorum . printed at london by e. griffin , for christopher latham . . by the king, his majesties proclamation forbidding all his loving subjects of the counties of kent, surrey, sussex, and hampshire, to raise any forces without his majesties consent, or to enter into any association or protestation for the assistance of the rebellion against his majesty england and wales. sovereign ( - : charles i) this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing c ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing c estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) by the king, his majesties proclamation forbidding all his loving subjects of the counties of kent, surrey, sussex, and hampshire, to raise any forces without his majesties consent, or to enter into any association or protestation for the assistance of the rebellion against his majesty england and wales. sovereign ( - : charles i) charles i, king of england, - . broadside. by leonard lichfield, [oxford : ] at head of title: c.r. "given at our court at oxford, this sixteenth day of february, in the eighteenth yeere of our reigne". imprint suggested by wing. reproduction of original in the harvard university library. eng great britain -- history -- charles i, - . great britain -- history -- civil war, - . great britain -- politics and government -- - . a r (wing c ). civilwar no by the king. his majesties proclamation forbidding all his loving subjects of the counties of kent, surry, sussex, and hamp-shire, to raise england and wales. sovereign a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion c.r. by the king . his majesties proclamation forbidding all his loving subjects of the counties of kent , surrey , sussex , and hampshire to raise any forces without his majesties consent , or to enter into any association or protestation for the assistance of the rebellion against his majesty . whereas we have been informed of certain propositions agreed upon by some seditious persons of our severall counties of kent , surry , sussex and hampshire , for an association betwixt the said counties , to raise an army of foot , and horse , and great summes of money for the maintenance thereof , and an invitation to our good subjects of that county , to enter into a protestation to assist them in this odious and unnaturall rebellion ; we doe hereby declare for the satisfaction of all our loving subjects of those counties , and that they may not be seduced from their obedience by the cunning and subtilty of those men , that the entring into such an association and protestation , and raising of men or contributing money upon the same , is an act of high treason , and an endeavour to take away our life from vs : and we do therefore straitly charge and command all our loving subjects whatsoever upon their allegiance not to enter into any such association or prorestation , and such , as by colour of such authority have assembled together , that they immediately disband and repaire to their houses . and we doe once more renew our offer of a free and gratious pardou to all our subjects of our said foure severall counties , excepting those whom we before excepted in our severall proclamations concerning those our counties , against all which we shall proceed according to the rules of the law , as against persons guilty of high treason ; and whom we doe hereby require all our officers and ministers of justice , and all our loving subjects whatsoever , to apprehend and cause to be kept in safe custody . and our expresse pleasure is , and we doe hereby will and command all the severall tenants of the persons excepted in our proclamation for those foure counties of kent , surrey sussex , and hampshire , and all other persons who are any wayes indebted unto them , and all the tenants to any other person of any of the said counties , who is now in actuall and open rebellion against us , or who after the publishing of this our proclamation shall contribute to the maintenance of the armies now in rebellion against us , under the conduct of robert earle of essex , or of any other person or persons , or that shall joyne in any such traiterous association or protestation , that they forbeare to pay any rents or debts due to the said severall persons , but detaine the same in their hands towards the maintenance of the peace of the counties , and the reparation of such men who have suffered by the violence of the others . and if any souldier or souldiers now under command against us in either of our said foure counties , shall within six dayes after the publishing of this our proclamation , apprehend and bring before us , or any officers of our army , or any other our minister of justice , so that the person apprehended be kept in safe custody , the bodies of any of the persons so excepted by us , or of any of the commanders or officers now in rebellion against us in any of the said foure counties , such souldier or souldiers , besides their pardons , shall receive such liberall rewards by pensions , or otherwise , as their severall services in respect of the qualities of the persons so apprehended shall deserve . and , if any commander or officer ( except the persons before excepted ) now in rebellion against us , in any of the said foure counties , shall within five dayes after this our proclamation published , being convinced in his conscience of his damnable offence against god and us , in assisting this odious rebellion , returne to his alleagiance and repaire to our army , and commit no hostile act in the meane while against us , we shall not onely pardon him , but so far imploy him as his quality and demeanour shall deserve . and we doe hereby require all our loving subjects of what degree or quality soever , within our said foure severall counties , upon their allegiance , and as they tender the cause of god , the protestant religion , being invaded and threatned to be rooted up by anabaptists , brownists and atheists , of us , and our posterity ( our life being sought after by this rebellion , and of themselves , the law and liberty of the subject being in apparent hazard to be subjected to an arbitrary lawlesse power , of a few schismaticall , factious , and ambitious persons ) to assist us in person , or with the loane of money , plate , and horses , in this our great necessity . and having said thus much out of our tender regard of our subjects of those our counties ; if they shall henceforward be guilty of the premises : and shall either by loane or contribution assist the said army of rebels , assemble and muster themselves in armes withour authority derived from us under our hand , or shall enter into any oath of association for opposing us and our army , and so compell us to send part of our forces thither to reduce them to their obedience ; they must answer the miseries that must follow , to god , and their country . and our pleasure is , that this our proclamation be read in all the parish churches and chappels in the said foure severall counties . given at our court at oxford , this sixteenth day of february , in the eighteenth yeare of our reigne . god save the king . jus regum. or, a vindication of the regall povver: against all spirituall authority exercised under any form of ecclesiasticall government. in a brief discourse occasioned by the observation of some passages in the archbishop of canterburies last speech. published by authority. parker, henry, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing p thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) jus regum. or, a vindication of the regall povver: against all spirituall authority exercised under any form of ecclesiasticall government. in a brief discourse occasioned by the observation of some passages in the archbishop of canterburies last speech. published by authority. parker, henry, - . hunton, philip, ?- , [ ], p. printed for robert bostock, dwelling at the signe of the kings head in pauls church-yard., london: : . attributed to henry parker by wing. sometimes attributed to philip hunton. annotation on thomason copy: "by h. par:"; "may ". reproduction of the original in the british library. eng laud, william, - -- early works to . church and state -- england -- early works to . great britain -- history -- civil war, - -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason e _ ). civilwar no jus regum. or, a vindication of the regall povver:: against all spirituall authority exercised under any form of ecclesiasticall government parker, henry b the rate of defects per , words puts this text in the b category of texts with fewer than defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - elspeth healey sampled and proofread - elspeth healey text and markup reviewed and edited - pfs batch review (qc) and xml conversion jus regum . or , a vindication of the regall povver : against all spirituall authority exercised under any form of ecclesiasticall government . in a brief discourse occasioned by the observation of some passages in the archbishop of canterburies last speech . published by authority . omnia subjicere si vis subjice te rationi . london : printed for robert bostock , dwelling at the signe of the kings head in pauls church-yard . . jus regum . or , a vindication of the regall powers , &c. it is not safe to judge another , yet if the tree may be known by the fruit , and the secret and hidden disposition of the heart , by words which proceed out of a mans mouth ; then my lord of canterbury his actions being considered , and his last speech examined , he may be judged otherwayes , then according to that verdict which he hath pronounced of himself in that his last speech : but to passe by his actions , but as they shall onely occasionally interveen , we will examine his speech , without wresting it to a worse sence then of necessity it must bear ; and as all is not gold that glisters , so upon review and examination , it will not be found to be so charitable , as by some positive affirmations it pretends to be , and all along the reasons inforcing will be found contradicting those affirmative conclusions exprest therein , whether they intend himself or others ; for of himself , a great deal of humility and charity is affirmed , when much presumption and want of charitie may be collected . for presumption , his speech is full of it , and chiefly in his comparisons and instances : for first he compares his innocencie with reference to his sufferings , to christs , in these words , that jesus despised the shame for him , god forbid but he should despise the shame for jesus . in which words , is implyed , that as christs sufferings in regard of himself were undeserved , so were his sufferings without any just cause on his part , but that his ignominy and shame was no lesse for christs sake , and for his fidelity to christ , then christs sufferings were for his love to mankind ; and from thence concludes , that his hope was , that god was bringing him to the land of promise , in regard he was to passe through the red sea , alluding to his suffering by the effusion of his blood : but he could not be ignorant that it was causa non paena that makes the martyr ; and therefore his argument will onely hold if his cause were just , and that he suffered undeservedly : but if otherwayes , his passage through the red sea , or his forced passage out of this world by a violent death , will prove but a weak argument , that god was therefore bringing him to a land of promise , for then no death , so desirable as a violent death , if it were a concluding argument that therefore , he who is forced to suffer , is entring into a land of promise . neither doth his next instance conclude better , that because the passeover was to be eaten with sowre herbes , that therefore his present sufferings ( which he confesseth that in regard of his weaknesse and infirmity of flesh and blood , were unpleasing and unwelcome unto him ) should by their resemblance into sowre herbs , prove , his forced submission unto death to be either a passeover or a willing submission to the will of god : for whosoever submits onely to the will of god when he cannot otherwayes choose , submits not to the will of god , but is compelled by necessitie . and by the words following , it appears plainly , that whatsoever he affirmed to the contrary , yet was he angry with the hands that gathered those herbs , or brought him to that place to suffer . and out of all question had it been as much in his power to have prevented their purposes , by executing of vengeance , as it had been formerly to inflict punishment on those who did professe any dislike against his and other the prelates unwarrantable usurpations , nothing on his part should have been referred to the justice of god , but if he himself could not call down fire from heaven to consume them , he would have raised a persecution upon earth to scourge them . but the date of his power was now expired , yet did his indignation remain which he did not conceal , but when he could do no more he did think it fit to put the good people in mind , that when the servants of god , old israel , were in this boysterous sea and aaron with them , the egyptians which persecuted them , and did in a manner drive them into that sea , were drowned in the same waters , while they were in pursuit of them ; and he knows , his god whom be served , is as able to deliver him from this sea of blood , as he was to deliver the children from the furnace , dan. . in which words are implyed two things ; the first is hope of vengeance from god on those that did prosecute him . the second is hope of a temporall deliverance to himself . the first argueth want of charitie ; the second implyeth want of true faith , or which is equivalent an erroneous faith . and what is implyed here is evidenced in the words following , by which he most humbly thanks his saviour , that his resolution was now as theirs was then ; their resolution was , that they would not worship the image which the king had set up , nor shall be the imaginations which the people are setting up , nor will forsake the temple and truth of god , to follow the bleating of jeroboams calves in dan and in bethel . where nothing is or can be clearer , then the manifest difference and dissimilitude between the different conditions of the severall parties proposed , and from the result , the grounds of his faith will appear . for the . children , to whom he doth resemble himself , were meerly passive , preferring a passive sufferance before any actuall obedience , to unlawfull and prohibited idolatry : whereas on the contrary , he was brought to that place of execution , for his active introducing of reall changes in the worship of god , expresly against the word of god , and the laws of the land . for by the word of god , we are taught that we must not make to our selves any graven image , nor the likenesse of any thing that is in heaven above , nor in the earth beneath , nor in the waters under the earth , to bow down to them , and worship them : and we are moreover taught by the same word , that the judiciall and ceremoniall law being fulfilled by the death of christ , all externall worshipping of god , arising from any commandment either of god or man , is in it self inacceptable before god , and therefore superfluous and needlesse : if not first springing from a true and lively faith , begetting true holinesse and inward sanctification , and by consequence onely , externall reverence and worship , and therefore the chief duty of the ministers of the gospel , is by information and instruction to beget in the people true knowledge as a foundation of sound belief , from whence onely springeth true faith ; and then to incite them to externall duties , as evidences of their faith , but have no commission from the word of god to injoyn or command any externall duties , but to exhort onely to the performance of those which were commanded and ordained by god himself : neither had they ever any spirituall authority committed unto them for the inforcing of obedience unto any thing that should be ordained by themselves : for the apostles never had , nor never exercised any such authority . in brief , the summe of all is briefly thus , that as under the law , all bowing down to any graven image , and the worshipping of god in the likenesse of any thing in heaven or in earth was idolatry : so under the gospel , which was the end and consummation of the law , all externall worship of god that doth not spring from faith , as from the root , is to be accounted idolatry , as being a counterfeit worship set up by the imagination of men , not according to the will of god . and my lord of cant. doth here in some sort acknowledge this for a truth , but removes the guilt from himself to lay it upon the people ; for here he doth account the worshipping of god according to the imaginations of the people to be idolatry ; but doth not consider that what he esteemed idolatry in them , might be in himself . if he could produce no better warrant then his own imaginations , for with god there is no respect of persons ; but then the question will be , whether he was brought to that place to suffer , for refusing to submit to that idolatry , which here he affirmeth was setting up by the people , or for imposing upon them a will worship according to his own imaginations onely ? and if he himself had given the answer , he could not say that the people did impose any thing upon him in the worship of god , but it was apparent and undeniable that he did upon the people : for doing whereof he neglected his ministeriall office consisting chiefly in information , instruction , and exhortation ; thereby to convince the conscience , which is uncapable of constraint from the authority of man , and usurped an authority which is onely peculiar to god , and cannot be communicated to man : for which the people notwithstanding were not his judges , but the law of the land , against which he did no lesse transgresse , for imposing upon the people any thing by a lawlesse authority not warranted by the laws , then he did offend against the word of god by usurping a spirituall authority not warranted in the word . for the law of the land restraineth the making of all laws and constitutions , and the imposing of any new thing upon the subjects of this kingdome , to the authority of parliaments ; and albeit the clergy might assemble in convocation , yet were all their acts and constitutions of no force nor validity , untill confirmed and ratified by parliament : whereas my lord of canterbury did not onely innovate many things in the worship of god , but did introduce and impose many new things in the church by his own authority , and in the state by his credit with the king by the regall power , directly against the laws of the kingdom , for which he was at that time brought upon the scaffold to suffer , not because he did preferre a passive sufferance before an actuall obedience to unlawfull and prohibited idolatry as did the . children ; but because he did exact obedience from others to his lawlesse commands , without any warrant from the word of god , nor from the laws of the land , but by an usurped authority over both : wherefore his case can no wayes be compared to the . childrens , but without any injury done to him , he may justly be taxed with presumption for his paralels or comparisons . and as his presumptions are notorious , so is his want of charitie manifest , notwithstanding his seeming professions to the contrary , as appeareth in his next section , which he beginneth with a charitable prayer , that god would blesse all this people , and open their eyes , that they may see the right way . the which his charity doth terminate and end in himself , which is not charity , for charity extendeth chiefly to others ; and the inference which he maketh , doth discover the summe of his desires for a blessing upon this people , for the opening of their eyes to be chiefly meant , that they might see and acknowledge his innocencie which he doth here present to their consideration , not obscurely implyed , but positively affirmed against all accusation whatsoever by the attestation of his own conscience : having upon this occasion ransacked every corner of his heart , where he hath not found any of his sins that are there , deserving death by the known laws of the land . certainly he was not , nor could he be so ignorant , as here he pretends to be innocent ; for he could not choose but know that it was death by the known laws of this kingdom , for any subject to innovate against the established government . but supposing there had been no positive law against it , yet was it to have been esteemed an unpardonable crime deserving the most rigorous of deaths for any subject to attempt it ; no lesse then it had been in an athenian to murther his own father , when the laws were silent for the punishment , as presupposing no such crime would be committed : nor could his conscience be so seared as not to dictate unto him , that he was the adviser to the king , needlesly to assume an arbitrary power , for the introducing of many things , whereof he himself was the chief author , against the known laws of the land . and if nothing else had been proved , yet one thing was so manifest , that it needed no proof at all , the assuming of a legislative power , by making of laws and constitutions in a provinciall assembly , binding to the whole subjects , and clergy in generall , to be inforced by spirituall authority or ecclesiasticall censures ; and imposing a generall tax upon the clergy without any confirmation but of the kings letters patents , which was a manifest usurpation over the consciences of men , and a breach against the fundamentall laws of the kingdome , the king himself having no such power nor prerogative , and former kings having never assumed it ; besides the cheat which he did put upon the king in perswading his majestie to establish that by his prerogative , which was not onely derogatory , but destructive to his prerogative , as shall be opened more pertinently hereafter ; and yet he would here perswade the people he dieth innocently , not deserving death . for which his undeserved sentence , notwithstanding he is so charitable , as to charge nothing , not in the least degree upon his judges , for they are to proceed by proof , by valuable witnesses , and in that way he or any innocent in the world may justly be condemned . if he had ended here , it had been against charity not to beleeve him ; but as fire cannot long be concealed , after it hath taken hold any combustible matter , but will break forth and appear : so the fire of his indignation against his judges , being kindled in his breast , must needs break forth in despite of dissimulation , and his next words demonstrate clearly what opinion he had of his judges , whom he compareth to the danes when heathens , to the fury of wat tyler , and his fellows , to the malice of a lewd woman , to a persecuting sword , and lastly to herod , and to the persecuting jews , and maketh the charge against himself to look like that against st. paul , in the . of the acts , and against st. stephen in the . of the acts . to whose cases his had no more resemblance then it had to the . childrens ; for st. paul and st. stephen , were persecuted for opening the kingdome of heaven , by shewing a clear way to enter therein , by a true and lively faith , grounded upon the death and mediation of jesus christ onely , without any reference to our selves , and our own merits . but he on the contrary did what in him lay to shut the kingdome of heaven to such as was desirous to enter , directing them into false wayes , such as could never bring a man thither . for if the old israelites , by following after the lavv of righteousnesse attained not into the law of righteousnesse , because they sought it not by faith , but as it were by the works of the law , rom. . , . and therefore were excluded from the promises ; what must become of them , who going about to establish not the righteousnesse of the law , which once was the ordinance of god , but a righteousnesse of their own prescription , consisting for the most part in externall rites and ceremonies , commanding the observation of them as the principall part of gods worship and of mans duty ; when in the mean time they neglect the ordinance of god which is their ministeriall office , consisting chiefly in reforming of the will , and informing the understanding , by the operation of the word preached , which may be performed by information and instruction ; but can never by any authority or command , for there is a vast difference between him , who endeavoureth the production of desired effects by the operation of necessarie and appointed means , and him who commands onely the performance of the like effects , without the application of such means as are necessary : for the one requireth an omnipotent power ; the other may be performed by a creature of a finite capacity . what affinity or resemblance then can my lord of canterburies case have with st. pauls or st. stephens , who suffered under the rage of the people for offering their pains , to shew them onely , a clear and infallible way for purchasing the kingdom of heaven , which was left to their own choice to beleeve or not beleeve ? but my lord of cant. neglecting the wayes of st. paul and st. stephen , ( consisting onely in demonstration and in the efficacy of perswasion for the obtaining of their purposes and ends ) was legally processed and condemned , for making use of externall force , and compulsion for the obtaining of his , which st. paul nor st. stephen never did : and moreover , he having screwed himself into the favour of the king , did make the regall power instrumentall to his ends , and ( which among other things is inexcusable ) did endeavour to lay the odium and obloquy of all upon the king when it could not otherwayes be defended ; as if that had been sufficient , that he was onely instrumentall to the kings commands , when it was too well known that he was the director of those commands . and as his case differed from theirs in the means , so must it differ likewise in the ends , for the end of all their labour and pains , was to bring men in subjection to the will of god , by declaring unto them the power of god and of the deity , and manifesting the inexpressible love of god to mankind , in sending his onely begotten son into the world to take upon him our humane nature , and expounding unto them the vertue and efficacy of christs death and resurrection ; but the end of his labour and pains , was to bring men in subjection to his own will , by making them sensible how dangerous it was to offend him . for he took more pains to inflict punishment on such as offended him , then to instruct such as were ignorant . but odious is his next comparison , comparing himself with christ , and his accusers to the pharises , who having accused christ for fear , that if they did let him alone , all men would beleeve on him , and the romans would come and take away both their place and nation . concluding from thence , with a prayer to god , that god would not reward this people as then he did the jews for their causlesse fears and unjust sentence ; but the cases being so different , and the comparisons so odious , it were a superfluous labour to go about to inform any mans understanding in the discovery . nor needs any time be spent in detecting his vain presumption , and arrogant boasting in applying that deserved triumph of saint paul to himselfe , as if he could no lesse truely , then saint paul did , say , by honour and dishonour , by good report , and evill report , as a deceiver and yet true , he was now passing out of this world , for it is manifest that he coveted and courted that honour , which saint paul accompted but losse and dung , and did runne a cleer contrary course to saint paul , for saint paul accompted it no shame , to the weake to become as weak , that he might gaine the weake ▪ nor to be made all things to all men , that he might by all meanes save some , but hee accompted it not onely a shame but an indignity , to condiscend one jot to the weaknesse of any man , and rather then hee should bee crossed in his purpose and will , those gifts and abilities , which god had bestowed upon him , for other purposes and ends , and that credit and esteeme which he had purchased with his majesty , by those gifts and abilities , and in reverence of the holinesse of his calling , should bee all imployed to ingage king and kingdome in a war , as was evident by the warre with scotland , especially after the first pacification at the camp neer barwicke . but having taken all this paines in a generall justification of himself to the people , who were his auditors at length he thinkes of it not amisse to speak of some particulars , and first is he bold to speake of the king , who he saith hath bin much traduced by some for labouring to bring in popery , which he might truely affirme , if any such affirmation had been made of his majesty but the truth hereof is prevaricated as other truths are by him , and made useof , for his own justification rather then for the kings , the king being rather aspersed then justified by such manner of justification , for no man did ever affirme that the king was a papist as is here implyed , nor that his majestie did labour to bring in popery as is here affirmed , but that he was overreached by the subtilty and fraud of some , and he himselfe esteemed the principall deceiver and undermyner of the king , and it alwayes hath been one of his chiefest subtilties , so to confound the kings actions and his owne , that they could not easily be distinguished , that by so doing he might never be reached but by wounding the king first , building thereby great hopes , if not assured confidence to escape himselfe , and here labouring to justifie himselfe to the people , from having ever had any intention to introduce popery , he purposly makes mention of the king , for whose purposes & intentions he might safely take any deep protestation , as if that conduced much to clear himself in the opinion of his auditors ( which was the chiefe thing he now aimed at ) of all practices tending to that end , as a thing impossible for him to bring about , without the concurrent consent of the king , which was but a fancy but no solid argument necessarily concluding what he would have beleeved , for the worke might be advancing , without any discovery in the king , that it was necessarily tending to such an end , untill such time that it should be too late , if not impossible to retire , as a deere may be driving into a toyle , not suspecting any danger , but having leisure at some times to feed by the way , untill such time as seeing and apprehending his owne danger , by being unawares reduced to such a straight as doth leave him no variety of choice , but to place his onely safety and meanes of escape in leapping into that snare which had been prepared for him , and to which much paines had been taken to drive him ; for it is not to be imagined , that either his majestie or any other christian king , should submit themselves to the bondage of popery if they rightly understood what they did , for ( to passe by the danger which it bringeth to their soules , by leading them into by-pathes of errour which can never bring them to heaven , ) it subjects all temporall authority into a vassalage and subordination to its spirituall , and that not so much by any accident or contingency arising from the different dispositions of the severall persons who sit upon the severall thrones spirituall and temporall ( which may be turbulency and ambition in the one , and infirmity and weaknes in the other ) as by the very principles and fundamentall constitution of popery , by reason of the acknowledgement of , and submission into a spirituall authority , being once rooted and firmely fixed in the beliefe or imagination by all who embrace it , and the naturall effects which doe necessarily spring from thence ; for when the world was blinded by ignorance as by darknesse , at what time the popes did sit as god in the temple of god and by their spirituall authority in excommunicating and absolving whom they pleased , and for what they pleased , did uncontrollably oppose and exalt themselves above all that is called god , that is above all magistracy and power in earth : what lamentable and sad effects , did christendome groane under and feel from such transcendent and omnipotent a power , so long as from a generall beliefe , it was universally submitted unto ? but when mens eyes began once to be opened , and by the cleer light of the truth revealed in scripture , some men did cleerly see and perceive that no such power was ever , nor could be given into any one man upon earth , yet the apprehension of such a power and authority , that it was given unto some , being sunke deeply into all mens understandings , great difference did arise where the same should reside , and all men acknowledging it to appertain to the clergy onely , did place it amongst them as it were by a generall consent , in some one of those formes which are knowen to be best capable to preserve authority , all or the most part of all concluding that it must be preserved in one of them , each imbracing and submiting into that forme , which was preferred and made choice of by those who bare the greatest sway , or had the greatest esteem and reputation with them , but none of them foreseeing into all effects and events which might follow , hath bin the chief cause why so much discord & contention hath risen and continued , which will never be wanting so long as the cause remains , that is , until it be clearly understood what the pow-of the church , and of churchmen is , whether any such thing as spirituall authority doth appertain to them , & by what right , and to what end , whether or no , it be conducing to religion , or be compatible with the end of government , for albeit there be no such thing as spirituall authority acknowledged , yet all power is not thereby taken away from the church , but the consequence will only be , that the power of the church , & of church-men , is no more then opperative , and declarative , not at all authoritative , and having no authority , they can have no legislative power of making lawes and constitutions , ( call them by what name soever they will ) binding to the conscience , having no penalties to inforce obedience ; and why should any such thing as spirituall authority be admitted to be when it cannot be evidenced what execution doth follow , for authority without execution ceaseth to be authority by losing its vertue , for if authority say to one go , he must go , or to another come , he must come , and likewise to a third , doe this , he must do it , but no clergy man nor minister of the gospel can say , enter thou into heaven , and goe thou into hell , all hee can say is , thus beleeve and do , and thou shall be saved , but if otherwise you will be damned , but both the doing and beleeving dependeth upon the hearers owne choice , nothing is determined by the appointment of the minister , all that rests in the power of the minister is to declare to others , the effectuall meanes of their salvation , from the revealed will of god , to which whosoever submits by a voluntary profession testifying his beliefe , and receiving of baptisme which is the seale of his beliefe , but brings not forth fruit according to his profession , and walkes not according to the rules set down in scripture , and will not be convinced nor reclaimed by no admonition nor reproofe , then may the minister safely and boldly pronounce that he is still in the state and condition of an infidell and unbeleever , no more capable of any thing that may accrue unto him by the death and mediation of christ then a heathen or pagane , and therefore may debar him from admission into the holy communion , which is , or ought to be , the communion of saints or true beleevers , and is gods sacrament to us , that is to say his covenant and seal unto us , of the fruits and benefits , that we hope for hereafter , by vertue of christs death and resurrection , but the party offending is not presently cast into hell by that sentence , and though hell fire may follow upon it hereafter , yet is it not the ministers sentence , nor the debarring him from the sacrament , that doth send him thither , but his want of faith , which is made evident and nortorious , by no single act of any declared sinne , but by an obstinate perserverance in any one sin or more that hath been judged already by the unappealable judgement of god , to be an evidence of want of faith in him who commits it , and doth take pleasure and delight into it , which is made manifest and apparent to men by a perseverance in it onely ; and therefore it is the sentence of god , and not of the minister , the minister being onely gods herauld or messenger to declare to others the revealed will of god , and for doing thereof he hath an expresse warrant from god recorded in scripture ; nor must it be any part of the ministers purpose to send any man to hell ( but purpose and intention of doing execution upon the offender is essentiall to authority and inseparable from it ) but onely to prevent ( what in him lieth ) his going thither : for albeit that the ministers sentence , being rightly pronounced , be ratified in heaven , ( which is undenyable ) yet may it be recalled again , but never at the ministers will and pleasure ( which at sometimes is incident to authority ) but by the contrition and repentance of the obstinate party publikely promising , and vowing his amendment , upon which evidence the minister may pronounce his absolution receiving him again into the bosome of the church , and admitt him againe into the communion of saints , and this sentance is likewise ratifyed in heaven , if the parties repentance be unfained and sincere , which notwithstanding may be hypocriticall and dissembled in him , albeit he doth refraine and forbeare from the performance of that wherein he gave the offence and scandall , and doth moreover proceede to amendment of his life , not onely in that particular , but doth walke unblameably and without any deserved reproofe from the judgment of men in all other , howsoever upon a visible purpose of amendment , the minister not onely may , but must receive him againe into the bosome of the church , and admit him againe into the holy communion with others , so that nothing is left to the will of the minister , nor to the finall judgement of the minister , but all is referred to the will and knowledge of god , and where will and knowledge are excluded , their authority is wanting , and though much may be effected and brought to passe by them , yet whatsoever is effected deserves not the name as differing from the nature of authority : and the ministers of christ having no authority in those things wherein they cannot ere so long as they follow the cleare light revealed in scripture , they can much lesse have any authority for such things which flow from their owne invention , nor can they inforce obedience by any spirituall meanes or censures of the church , unto any thing whereof they themselves are authors , when no spirituall meanes are compulsive in regard of the instrument that must apply them , and whatsoever efficacy or vertue they have , yet may they never be applyed for the inforcing of any thing whereof man is author , for then it would follow that the will of man or something proceeding from the will of man would be a rule to the justice of god , when one man must be as a publican , or heathen and consequently uncapable of the fruits of christs death , for disobeying onely the will , or something depending upon the will of another , which no man dares to affirme , and having no compulsive meanes to inforce obedience , they can have no legislative power of making of cannons and constitutions binding to the conscience , for a law without a penalty or power sufficient to inforce it , is no law , nor neede they have any such power , for such a power is not conducible at all to that end of religion which is committed to them , & to their care and paines , but is destructive to the end of government ; for religion hath a two fold end , the one respecteth god , the other man , the end of religion in respect of god is to glorify god , that man who was therefore created to glorify his maker should by a true knowledge of the true god glorify him aright , and the end of religion in respect of man , is to bring a man from all confidence in himselfe or the creature , to rely upon the providence and goodnesse of god who is the creator , to the end he may renounce his own righteousnesse to be made partaker of the merits and righteousnesse of the sonne of god , the redeemer of mankinde , that by faith in him he may obtaine grace and some measure of sanctification in this life , for the remission of sinnes , and fruition of glory hereafter : and for this end of religion no humane lawes do contribute any thing at all , for unto this the scriptures are sufficient being compleate in themselves , and the chiefe duty of the ministers of the gospell is to explaine and expound the true meaning of scripture to others , for doing whereof they should be learned in all necessary learning and skilfull , as also have a lawfull calling by a lawfull ordination , and for which it is very fit that they be set apart from all other imployment , and have a sufficient maintenance that they may the better attend that to which they are called ; but for the other end to glorify god , humane lawes doe contribute much , but they are required of christian kings and magistrates , and not of christian ministers , for god did from the begining put authority into the hands of the magistrate , and endowed them with effectuall meanes for inforcing of obedience to what should be commanded by them , so did he never in the hands of the priests and levites under the law , nor of the apostles under the gospell , and by consequence into the hands of no ministers whatsoever succeeding them , and god doth require of the magistrate to improve his authority ( which is the talent that god hath given him ) for the gaining of others by force and compulsion , ( when no other meanes will prevaile ) to the performance of those dutyes that are required of them , as he requires of all who are called to labour in the ministeriall function and office , to imploy their gifts and graces ( which are the talents bestowed upon them ) painfully and dilligently for the enlightning of the understanding of others , whereby every exalted thought and imagination may be brought downe , which the magistrates power and authority can never reach , for the power of the magistrate reacheth no further then to the outward life & conversation , when the operation of the ministry subdueth the will , and therefore the principall care of the magistrate is and ought to be to enforce men to live uprightly and justly as they ought to doe , for by so doing men glorify god , but this is not all , the glory that is to be performed by man to god , for besides there must be a ready submission to the will of god , springing from a perfect love to god , and grounded upon an assured confidence of gods love to us , which may be begotten and kindled in a man , but can never be inforced , and to this duty tendeth the ministers paines and labour , but it is and ought to be the christian magistrates care to provide for all that can onely be introduced by force and compulsion in the service of god , wherefore the severall ends of magistracy and of the ministry are different but not contrary , but the severall meanes by which they attaine their ends are not onely different but contrary , and those meanes which are effectuall to the one , are not only ineffectuall but uselesse to the other , for the magistrate can never attaine that end to which his authority conduceth by no perswation nor information onely , nor can the minister subdue the will nor informe the understanding by any authority from or in himselfe , and both of them have their commission immediately from god , and each of them are subject to the other without any subordination of offices from the one to the other , for the magistrate is no lesse subject to the operation of the word from the mouth of the minister then any other man whatsoever , and the minister againe is as much subject to the authority of the magistrate as any other subject whatsoever , and therefore though there be no subordination of offices , yet is there of persons , the person of the minister remaining a subject , but not the function of the ministry , but there needes not two tribunalls nor independent courts be erected to provide for their severall ends and dutyes required of them , for the minister can never attaine the end of his labours , by no judiciall processe nor legall proceedings whatsoever , and therefore all judiciall courts are needelesse and uselesse to his ends , yet are they not so to himselfe having other ends then what are required of him for the discharge of his duty and function , but it is essentiall to the magistrate to have a tribunall and judiciall courts , for the attaining of his ends and duties required of him , without which he can never discharge his dutie as he ought , but whensoever the like tribunall is erected in the church as is necessary in the state , they must be independent one of another in regard the severall offices governing church and state are so , but all that is to be got by independant tribunalls , is either dissention and discord , which is the usuall fruite that devision of authority beareth , or by compliance to provide for one anothers interests , or particular ends differing from their publick dutyes , with the manifest losse of true religion on both sides , which many times drawes downe the judgment of god upon one or both , as being a third person no lesse interressed in justice and honour then either , and many times the justice of god is most greeveous when least apprehended , as suffering men to wallow in their sins to dye in security , nor is it a small judgment to leave men to the necessary effects , which division of authority produceth : for the end of all government is the preservation of humane society , the meanes of doing whereof is by union and unity , and authority is the effectuall meanes of producing and propagating unity ? and therefore whensoever authority is divided , vnitie may alwaies , and sometimes must admit of division which destroyes it , for unity and division are destructive one of another , and when two tribunalls are erected for the determining of severall and different causes and crimes , both armed with a forcible authority , weilding swords of a different nature , agreable to their different constitutions , and without any dependency and subordination the one to the other , what lasting concord and agreement can there be beweene these two , they that mannage them must be juster then men are knowne to be , or advantages will be taken when given by the one , ( as no sublunary substances which are subject to change can remaine long in an equall ballance ) for subjecting the other ; and therefore it was , when the christian world did by a generall consent beleeve that the church having a sword though invisible , for the cutting off of all schismaticall and refractory members , no lesse really and truly then the state hath a visible materiall sword , which for the preservation of union and unity , was esteemed necessary to be put into the hands of one , and therefore willingly submitted their necks , under the imaginary stroake thereof , from the sentence of popes , or bishops of rome ; how easie was it for them by reason therof to subject all christian princes and magistrates unto a dependency and subordination unto them and their authority , and how did they trouble the christian world , by transferring of rights and stirring up of rebellion whensoever any of those princes did oppose them , or contradict their wills by a supposed intrenching upon their pretended prerogatives though usurped ▪ but when the popes right began to be questioned by some , whereby his reputation did decline , even amongst those who adhearing still to the doctrine of the church of rome as to that in which they had beene educated and bred , yet did not beleeve his censures to be so dreadfull as before they apprehended them to be ; but the edge of his sword being thereby blunted , and the edge of the temporall sword being not onely visible but sharpe , the advantage returned to princes , whereby those princes who continued in union with the church of rome , professing subjection and obedience to the spirituall authority thereof , doe notwithstanding now reduce that power and authority to which they professe subjection , unto a subordination of them and their authority to be directed by them , which will be of no longer permanency , then that church can insnare the world againe to an apprehension and beleife of the reality of their power , to beget which they continually indeavour and aspire , and have no small hopes from the differences and divisions amongst protestants , for the increasing and fomenting whereof it is not to be imagined that they are idle ; but whatsoever their hopes and practises are , their greatest strength remaineth in this , that it is generally beleeved that the church hath a spirituall authority for the cutting off of all schismaticall members , and that this authority is to be preserved in some one forme or other without any derivation thereof from any humane power , for then it cleerely and undoubtedly followeth , that whosoever by such principles of reason taken from the end of government doth incline to monarchy , and that this spirituall authority can best be preserved by the supremacy of one man , then the bishops of rome , having had for a long time , and for a long succession , and still having the possession , besides other advantages of greatnesse and power which begetteth strength and reputation , must and will be acknowledged by all those to be the onely spirituall monarch in the church armed with spirituall authority ; and whosoever out of prejudice against the church of rome , taken against her by reason of either her errours or abuses , or both , doth seperate themselves from the communion of that church , and by consequence onely free themselves from her subjection , but doe notwithstand adheare to and retaine the grounds of those errours and abuses , by acknowledging and beleeving that the same spirituall authority ( which was presupposed to have beene abused by the popes and bishops of rome as vsurpers onely over the rest of the clergy , or too great a power and consequently dangerous in the hands of any one man ) is not onely lawfull but necessary as being inherent in the function , and essentiall for the preservation of union and unity , to be preserved in some other forme which they agree upon and like better then the incontrollable supremacie of one man , then this doth necessarily follow , that albeit they free themselves from all the errours and abuses which were introduced by the supreamicie of one man , yet so long as they acknowledge that the same power and authority is resident in others , they can never free themselves of all errours and abuses which are introducible by authority , but that the property and condition of things in themselves indifferent will be changed from being indifferent and converted into the nature and necessity of absolute duties , which ever begets bondage and subjection , and sense of bondage doth ever beget desire of liberty , which can never be obtained so long as the opinion of a necessity of authority in some forme or other is retained ; and experience hath now taught us , what could not be foreseene by reason alone , without some additionall helpe from divine illumination , that in the church of england which did not onely shake off the supreamicie of the pope , but had purged her selfe of all those errours which had either crept in , or were introduced by the power of that supreamicie , by retaining of bishops , and giving them a part onely of that spirituall authority , which formerly was acknowledged to popes , and though quallifying that part by restraining it from all legislative power , or a power to inact any thing , but allowing it a power of iudicature , the effectuall operation and proper working of that part of spirituall authority , hath now fully manifested it selfe to tend to propogate superstition and errour ▪ rather then the sincerity and truth of religion ; and as the naturall motions of different bodies , differing in quality and substance tend to different centers , the naturall motion of episcopacy , hath now discovered it selfe to indeavour continually to unite it selfe to such a head to which it is capable to aspire , rather then to be in subjection under such a head to which it hath no capacity to aspyre , and that received principle of state , that episcopacy , is a support to monarchy , is now likewise discovered to be fraudulent and deceitefull , for it is true that it is a support to a spirituall monarchy or monarchy in the church , as being the basis and foundation thereof , but doth undermine and destroy monarchy in the state , especially in that state which doth trust unto it as to a supporter , and the reason is cleere , for all supporters which have no solid foundation , doe ruinate those buildings , which are erected upon them being of greater weight and substance then the foundation can beare , and the foundation of episcopacy being layed in the engrossing of spirituall authority or ecclesiasticall censures ; spirituall authority it selfe hath no other existence nor being , but what it hath in the imagination and beleefe , which is too slippery a ground to support a solid substance , such as temporall monarchy is , but may be sufficient to support an aery and imaginary bulk , such as spirituall monarchy is , which episcopacy not only supports , but continually tends towards as to its proper center , and my lord of cant. when he obtained the kings good will to confirme by his letters patents , the late canons , did put a direct cheate upon his majesty , for thereby the kings supreamicy in causes ecclesiasticall was cut off , and from thence forth his supreamicy over ecclesiasticall persons should have been rather titular then reall , if the consent of parliament could as easily have been obtained as his majesties own : but to conclud this part of my lord of cant. speech he might safely protest upon his conscience , that his majesty was a sound protestant , according to the religion by law established , yet did it not thereupon follow , that he himself was guiltles from the sentence of the law , because his actions being all warranted by his majesties consent , they could not be divided from the kings ; which is the cheife thing implied by this particular . his second particular is concerning th●… great and populous city , to which he is very kind and prayeth god to blesse it , but all his prayers for those who he conceiveth had done him injury have a sting in them , and this prayer ends reproaching those he prayes for , as if some had subordned witnesses against his life by gathering of hands , which he affirmeth to be a way that might endanger many an innocent man , and may plucks innocent blood upon their own heads , and perhaps upon this city also , which before he prayed god to blesse , and now again to forbid this judgement , but his prayers are mixed with threates and all tending to justify himself to his auditours , whereof he is never unmindefull upon all occasions , and having here occasion to mention the parliament , he bestowes glorious and honourable titles and epithrates upon it , as if that were sufficient to testify his respects thereof , but he doth contradict his owne testimony by his inferences and applications , for by inference he applyeth the gathering of hands , ( which he affirmeth to have been practised against himself , ) to the stirring up of the people against saint stephen , and to herods lying in waite for saint peters death , by observing how the people tooke the death of saint james . by which instance he must meane that great , honourable , and wise court of the kingdome , the parliament , ( those be the titles he bestowes upon them ) for it was they that gave sentence against him , as herod did against saint james , and would have done agaynst saint peter , which no christian thinkes was either honourably or wisely done of him , and therefore what opininion he had of that great , honourable , and wise court for sentencing of him may be collected , and that his esteeme of them was not so honourable as his expressions ; but whatsoever his esteeme of them was , they were his judges so will he never be theirs which he here apprehended , when he did put the city in mind of the justice of god , and how fearfull a thing it was , to fall into the hands of the living god , because god remembers and forgets not the complaynts of the poore , a lesson which he never remembred when he himselfe did sit upon the tribunall , but is of speciall comfort unto him upon the scaffold , for his blood was innocent blood , and not onely innocent blood in his owne esteeme but he had a speciall commission from god to tell them so , as jeremiah had , in the . chap. of jeremiah , ver. . the words were not expressed by him but directions given to the place , the words be these , but know ye for certaine , that if ye put me to death , you shall surely bring innocent blood upon your selves , and upon this city , and upon the inhabitants thereof : for of a truth the lord hath sent me to you to speake all these words in your eares . the words are so plaine they need no comment . his third particular is , this poore church of england , as he calls it , but from thence no observation is to be drawne , for it is an undeniable truth what is there affirmed , onely it would be inquired after , who hath beene the principall and instrumentall cause of this great change , but he hath made no application and so will i. his last particular is himselfe , and that about his religion , in which he is very breefe , choosing to expresse himselfe by circumstances which admit of a latitude that may deceive the hearer or reader , rather then positively and cleerly whereby he leaves the hearer or reader as little satisfied as if he had said nothing at all , yet doth he confesse his labouring to keep up an vniformity in the externall worship of god , but makes no mention at all of what meanes he used to doe so , for in the wayes which he tooke and in the meanes which he used consisted his cheefest guilt , but that he passeth over , and so comes at last to speake of his accusation , which was no lesse then an accusation of high treason , and by no meaner persons then by the whole commons of england assembled in their representative body in parliament , and there and by them proved agaynst him , yet hath he the confidence to say it was a crime his soule ever abhorred , howsoever he proceeds to the parts of his charge being two , an indeavour in him to subvert the law of the realm , and a like indeavour to subvert the true protestant religion established by those laws , both which he seemeth to deny , but so mistically as that his meaning is rather to be collected , then that it can be cleerely discerned . for he expresseth himselfe variously , and answereth in another forme of words then which were proposed by him ; for having propounded them , that the charge against him was an indeavour to subvert the law of the realme , and a like indeavour to overthrow the true protestant religion established by those lawes , he answereth having first protested , in the presence of almighty god , and all his holy and blessed angels , that hee did take it now upon his death , that he never endeavoured the subversion of the lawes of the realme , nor never any change of the protestant religion , into popish superstition ; the sense of which words doth imply a great change from what they were , when first propounded , for by his first proposition of them he expresseth himselfe , to have been accused of an endeavour to subvert the law of the realm ; by which word law in the singular number as in the abstract may bee understood the legislative power , or power of law-making , comprehending the frame of this government , and including king and parliament , which he was charged to overthrow , by an indeavour to introduce an arbitrary government , depending upon the will of the king alone , and excluding the parliament ; and in his answer he makes mention of the subversion of the lawes in the plurall number , where they are confined to different subjects , as to so many individuall substances , by which may be meant the particular acts and laws issued forth and derived from that power , and may comprehend them all , which no man did ever thinke or lay to his charge that he indeavoured the subversion of all the whole lawes , and of every particular , and therefore here doth appeare a fallacy and deceite , which is agreable to his former practises , so likewise in the other branch about religion he first propounds it , of an indeavour to overthrow the true protestant religion established by those lawes , and answereth , of any change of the prottestant religion into popish superstition which is a manifest difference , whereof hereafter : having occasion to speake first of his esteeme of parliaments , which he takes occasion to mention here as having bin accused as an enemie to them , the which he denies expressing a reverend esteeme of them in the generall , as of the greatest court over which no other court can have any jurisdiction in the kingdome ; but professeth his dislike against some few one or two parliaments in particular , for some misgovernments in them as he did conceive , but what those misgovernments were hee doth not expresse , onely in stead thereof a generall reason is given , coruptio optimi est pessima , but from thence he might condemne and destroy all parliaments and the best of governments , and of every thing as often as he pleaseth , if nothing more be required but that his affirmations must be admitted for proofes , for there is nothing wherein the frailty of man must bee imployed but may admit of errour , and corruption , but it doth not follow , that whatsoever may , doth ; nor doth it anywhere appeare that any of those parliaments , which hee here condemneth , were guilty at all of any such corruption as he layeth to their charge , but the contrary is manifest , and if for no other thing yet for this his esteem of them , for undoubtedly by him they should have been better esteemed , if really and truely they had been more corrupted ; for parliaments may be then said to be corrupted , when all or most part of the members do subject their votes to the determination and judgement of others , preferring the particuler pleasure , interrest or ends , of some whom they respect , before the generall good of all whom they represent ; neither is it any impossible thing so to pack a parliament as not onely the things to be proposed and debated , but the greater number of the members votes shall depend upon the pleasure of others , being agreed and united amongst themselves for a particular and sinister end ; for it is no false report but a well known and undenyable truth , that in the choice of the members of the lower house of parliament which doth depend upon a free election by the gentry , communalty , and freeholders in england , the major number within their severall limits and jurisdictions giving it to whom they please , yet the reputation of some in some places especially , hath been such as to prescribe to those who were to choose , who should be chosen by them , whereby many have been returned by the favour and recommendation of others rather then by any merit of their own , and it is probable that a designe of changing religion and altering the government having been for a long time pursued by a faction of men who had obtained power and favour about the king that they were not negligent , in making use of this advantage for their own ends , & it plainly appears that they were not , because at divers times they had recourse to parliaments in time of prosecution of the designe , before it was finished , which to some might seeme a likely meanes in all apperance to have overthrowne all such designe for ever , but the successe of those parliaments and the conclusion which they made , doth cleerely demonstrate what the designers purpose and intention was in calling them : for the end of calling of all parliaments , is either a purpose and desire of releiving the kings wants , and to supply his necessities or to redresse the grievances of the subjects , or both : for such hath been the prudence of our ancestors , in setling the frame of this government , not only to deny to their kings all power of imposing any taxes upon the subjects with out their own free consents , by their representative body assembled in parliament , but did as it were binde the hands of their kings , by their own consents signified by divers acts of parliament , from so doing for ever . for which their kings were recompensed , with a speciall and absolute prerogative of calling and dissolving of parliaments , at their will and pleasure onely . the people being thereby assured , that if a desire to right the peoples grievances , and for providing of beneficiall laws were not sufficient motives and inducements to the king for calling of parliaments ; yet the confideration of , and respect to his own necessities and wants would move him : and divers parliaments having been called , during the prosecution of this designe , which have been dissolved again , by the same prerogative that called them , without any application of redresse either to the grievances of the subjects , or to the kings wan●s , doth manifest that ( whatsoever the pretence was ) the chief end and purpose of calling those parliaments , was never neither for redresse of the subjects grievauces , nor for relief of the kings wants ; but chiefly to make triall what strength they could make in the parliament to finish their designe by authority of parliament . for having advanced their designe so farre at court by their prevalencie with his majestie , that they had obtained the possession of the greatest places , and places of greatest trust , both about his majestie and in the kingdom : they were thereby of that credit and reputation , that none were preferred to places of trust , nor to dignities , nor honors , without their approbation , if not recommendation . which did so secure them , that they needed not fear the disappointment of their designe by any opposition at court , and so farre as the kings power and prerogative could further it . but the kings prerogative being not absolute , the laws of this kingdom , and the constitution of this government , having neither conferred an absolute power nor prerogative upon the kings thereof , they could never finish their designe ( whatsoever it was ) by the kings prerogative alone , without an additionall confirmation by the subjects consents assembled in parliament whereof they were likewise assured ; if by the reputation and strength of their faction they could procure such a certain number to be returned members of the lower house , as they might be confident of , would suffer their votes to be directed by them , by which means they might hope to carry any thing in that house which should be proposed by his majestie , or in his majesties name , of whose deliberations and determinations they were the chief disposers . as for the house of peers , there was no doubt at that time of a prevalent party to concurre with them , by reason of the bishops votes , and court lords , and others who were obliged to them by many favours ; they being the chief disposers of all favours , which did either depend upon or proceed from his majesties gift . for all which causes and considerations there was no danger to call a parliament , whensoever they pleased : for if the parliament did not answer their expectation , it was in the same mens power to perswade the king to dissolve it , who had the credit to perswade his ma. to call it . his majesty suspecting no ends in them but what was pretended for his majesties service . but the succes of those parliaments declared , that the credit of the faction was not so great in the countrey as at court ; for which my l. of cant. doth here tax them with misgovernment , professing his dislike , against them onely , which must be conceived was , because they were not yet moulded nor brought to that frame to condescend to every thing that he and others should project , as was the late synod . and the great number of patentees , and monopolists chosen this parliament , and others who have deserted the parliament , and have sitten since in an anti-parliament at oxford , doth sufficiently demonstrate upon whom they depended , and for whose interests their votes have been devoted from the beginning , whether for the generall benefit of king and kingdom , or onely to serve the particular ends of such who either in all probability did recommend them , or otherwayes from whom they did expect preferment or some other reward . but from hence may be collected , that the designe for altering religion , and the frame of the government being two different things , that they were not alike intended by the designers , but that the designe for altering of religion was principally intended by them ; and that the other designe of introducing an arbitrary government to the king was but the bait to deceive the king , thereby to insinuate the better with him , and to ingage his majestie to them , and was chiefly made use of , as subservient and conducing to the other designe of religion that was the onely designe with them : which is made manifest by the progresse of both designes . for as all motions which by their slownesse or distance seem insensible to the beholder , so as at first view it cannot be discerned whither they tend , yet are easily perceived by their progresse : so the dark and disguised ends of this designe , which could not endure the light of open profession , is clearly discernable by the progresse which it hath made . for albeit that an arbitrary power in the king hath been made use of in many things , to the great prejudice of the subject , tending to the manifest destruction of the subjects liberties , and priviledges of parliament ; yet when a true account shall be taken , what great benefit hath returned to the regall authority by all that hath been done , the totall sum will be found at the end of the church-mens bill , but none at all at the kings ; where on the contrary , manifest detriment and losse will appear , and that the kings prerogative hath been stretched upon the tenters beyond its true by as , to set up and settle an absolute or independent prerogative in the church to church-men , which is inconsistent with the prerogative of the crown : for whensoever the prerogative of church-men is advanced to such a height , as that it groweth either absolute or independent , the prerogative of the crown is either subjected or undermined , and the king parts with a reall authority , depending upon his own reason and judgement chiefly , to be directed by the will and judgement of another , unlesse the smart of his sword doth terrifie more nor the apprehension of theirs , which is all the remedie that will be left him whensoever the chief governor or governors of the church and he do differ . and the remedy which the late cannons applyed for the securing of all men , against any suspicion of revolt to popery , hath manifested to all men how far the progresse to popery was advanced , when it durst appear nothing at all disguised , but under a thin vail of some few deceitfull words , in a pontificall robe of absolute authority constituting and ordaining ; and to shew how absolute and independent the protestant church of england was grown , the words ; we straitly command all parsons , vicars , and curates , and we injoyn all archbishops and bishops , and we decree and ordain ; are used all along in the severall articles published , which are all words of absolute authority and command , and the penalties inforcing obedience to all those absolute commands , are either suspension and deprivation to the clergy , or the dreadfull censures of excommunication , and casting into hell to all others . for no lesse punishment doth the sentence of excommunication imply , because the party excommunicate being cast out of all communion with the church , is thereby presupposed to be deprived of all the benefits that he may hope for by vertue of christs death and mediation , so long as he remains in the state of excommunication , which is a great terror to all them that do not rightly understand the nature of excommunication , and what the authority of church-men is , which is ever the much greater part of those who are members of any church , besides the great number of others which be in all churches that sleight the censure of excommunication , as being a censure from which they feel no present smart , without which it hath no operation with them , for the inforcing of whom especially , it was by these cannons injoyned , that every bishop shall once every yeer send into his majesties high court of chancery a significavit of all such who have stood excommunicated beyond the time limited by the law , and shall desire that the writ de excommunicato capiendo might be at once sent out against them all , ex officio . and for the better execution of their decrees , they did most humbly beseech his most sacred majestie , that the officers of the high court of chancery , whom it shall concern , may be commanded to send out the aforesaid writ from time to time , as is desired , and that the like command also may be laid upon the sheriffes and their deputies , for the due and faithfull execution of the said writs , as often as they shall be brought unto them . which whensoever they should obtain , would put the supremacy of all authority into the hands of some of the clergy , by necessitating the smarting stroke of the magistrates sword to follow of course upon notification of theirs , whereby all magistracie and law should be but executioners of their sentence , from which there was no appeal , but by submission deserving absolution , which was ordained by the authority of the foresaid synod , not to be given , untill the party to be absolved should come as a penitent , humbling himself upon his knees , and first take an oath , de parendo juri , & stando mandatis ecclesiae . and for a perpetuall subjecting of all men into a vassalage and subjection to the authority of bishops and others of the clergy , it was there decreed , that all clergy men , and all others who should take any degree of learning in any of the vniversities , and all that should be licensed to practise physick , all registers , actuaryes and proctors , all schoolmasters , and all others that should come to be incorporated in any of the vniversities here , having taken a degree in any forraigne vniversitie , should take an oath in a prescribed and set form of words , before they should be admitted to take their degrees , never to give their consent to alter the government of this church by archbishops , bishops , deans , and archdeacons , by which means , an equall allegiance should have been payed to them as to the king and his successors for ever : and all this was presented to the blinded world , and abused king , as a remedy to secure men against any suspicion of revolt to popery , which was nothing else but a publick setting up of popery , though not yet of the popes supremacy , which was to follow ; and imploying the help and assistance of the magistrates sword , and the force and power of the laws of the land to that very use and end ; for popery consisteth neither in this or that superstition nor idolatry , nor in this or that erroneous doctrine , nor in all-together , principally and chiefly ; but in the absolutenesse of spirituall authority commanding implicite obedience , to whatsoever doctrine or superstition shall be invented by man , as necessary and essentiall to the true worship of god , under the threatned pain and penalty of excommunication and interdiction , and promising the kingdome of heaven to whomsoever it pleaseth , as a gift or reward within the power of man : and the assumption of which so divine and incompetent a power to any man or mankind united together , and the deriving thereof from one solely to others , as inherent in the person or function of one onely , doth necessarily inferre and presuppose the gift of infallibility in him who doth so assume it , that he may become an unappealable judge , which doth exalt him , in the sight and esteeme of those men who do beleeve in him , and willingly submit unto him , to the nature and dignity of the incommunicable prerogative of god , and makes him undeniably the revealed antichrist to others , by usurping and possessing the throne of christ upon earth , for whom onely , such dominion and authority is reserved in heaven . and the root of popery or antichristianity ( for so it may be termed , as tending continually thither by the doctrine which it teacheth , and the authority which it usurpeth ) lieth in this very principle , that a power of excommunicating and absolving , or sending into heaven or hell , is assumed by some as depending upon the purpose and will of man , according to the nature of authority , and consented to and beleeved by others ; and the danger to temporall authority lieth in the universality and generality of the beleef and assent , and the difference between the incontrolable supremacy of the pope , and the exalted prelacy of bishops pretending to the same authority is but a difference of degrees , but not of kinds . for , for the setling of this authority into the supremacy of any one , there is a necessity of ingrossing it into the hands of some few first ; and popes had never mounted to their omnipotent throne of supremacy , if a superiority of some of the clergy invested with spirituall authority over others had not been first assented unto . for the same rule , necessity , and end requireth the supremacy of one bishop over all other bishops , that requireth the superiority of any clergy man into the dignity of a bishop over many others of the clergy : and the same danger of spirituall error indangering the soul lyeth upon all that are subject to this spirituall authority , whether it be derived from the supremacy of one , or a superiority onely of others , or from the democracy of all the clergy assembled together , or from the independencie of everyone within their severall congregations , so long as it is entertained and received in the beleef as a sufficient ground or warrant for obedience to what shall be ordained by it : and the exercising of spirituall authority under a different form of externall government onely , being a difference rather in form then substance , all of them may divide unity in the ends and consequences of government , by dividing of authority which is the preserver of unity ; but each of them doth admit of degrees of more and lesse , according as the form imbraced is more or lesse absolute . the superiority therefore of bishops over the rest of the clergie , which may be as independent as any other form , but can never be so absolute as the supremacy of the pope , in regard it can never beget nor inforce so generall a dependencie and subjection of all men unto it , wherin union and strength consisteth , is never so dangerous to that state which entertains it , as when it declares its independencie , and aspires to be absolute . and albeit that episcopacy doth continually endeavour and aspire to be united by the supremacy of one of their own order , because thereby they arise to a further degree of strength and perfection , to which all sublunary creatures have a naturall propension , inclination , and desire ; yet can they not at all times , nor whensoever they please , attaine to their desires . and the archbishop of canterbury having discovered and manifested unto the world how independent the authority of church-men here in england was grown , and how absolute they coveted to be , did give a clear evidence at the same time how farre the progresse to the popes supremacy was advanced ; which is made more manifest by the concurrence and joynt endeavours of papists of all sorts , not onely agreeing with , but labouring in the same designe with some of our clergy-men and others . for their indefatigable labours and renewed pains , with so much blood and danger to the undertakers ever since the reformation , have all tended to that end chiefly , as to the onely mark at which they have ever aymed . the threatning bals , and many dangerous conspiracies and invasions in queen elizabeths time , and the most damnable gunpowder treason in king james his time , are clear proofs how implacable their malice hath been against all reformation , that did depose the pope from his pretended right of supremacy , and how violently they have been transported to reinthrone him again , which is but the ultimate end of all such dangerous and desperate undertakings , but the immediate is alwayes and ever hath been for some particular ends to the undertakers , springing from their own ambition , and covetous desire of dominion and rule , from which papists are excluded by the laws of this land establishing the reformation : for the desire of authority , and to have a command over others is a naturall desire to all ambitious men ; and ambition is an inherent quality in all men , flowing from the operation and effectuall working of the spirituall substance of the soul , which coveteth to mount and aspire continually , but is predominant onely in some . and no man ( that may choose ) doth hazard his own life , for restitution of another to his right being lost , but he that hopes to participate and share with him or under him after the recovery , in some proportion and measure , though not in an equal degree . and since the gunpowder treason , they having not onely forborn all forcible attempts , against either the life and safety of the king , or the publick peace and tranquillity of the kingdome , untill the present rebellion in ireland did break out , upon which the warre against the parliament ensued ; but seeming extraordinarily and strangely converted in their dispositions and desires , and of deadly and implacable enemies , appearing the most dutifull subjects of all others , pretending to be the most zealous instruments for the inlargement and promotion of that power and authority which was bound by speciall interest to suppresse them , is an argument of some well studied and close followed designe , rather then any symptome of change of disposition ; for they can never change their dispositions , so long as they retain their wicked principles and false doctrines , which principally gives life and motion to the wickednesse of their dispositions , and the desire of dominion and rule is impetuous and incessant , to which they can never have a legall right in this kingdom untill all those laws be repealed which disable them ; the doing whereof and not the kings prerogative is a principall motive with them in all their undertakings and designes , and the great potencie and prevalencie of papists about his majestie in all his consultations and actions , do manifest and declare what their purposes and intentions are ; that this independent authority of bishops coveting to be so absolute ( which hath been set up of late in the church of england , and confirmed by the king , and by his prerogative royall ) shall acknowledge the pope for their head and not the king : for popes were never so munificent rewarders of any mans deserts or duties , as to part with that which they accounted their right , to give it away to another ; and papists were never so undutifull sons as to labour for the setting up of an arbitrary power and unlimited prerogative to an hereticall king : when his holinesse hath given sentence that no heretick is capable of any authority at all , and that all men are to be accounted for hereticks who deny the popes supremacy ; wherfore in the conclusion , his majestie must either part with that supremacy which the law hath given him , and submit to the popes , or be deprived of all authority whatsoever , which is all he must expect from them , or by their aid and assistance . and the great favours which hath been alwayes shewed to papists since the beginning of his majesties reigne , but more especially now , the partiall indulgence towards the bloodiest and cruellest of all rebellions , and to the most perfideous of all nations , the irish , accounting them for good subjects after so many barbarous massacres and horrid executions of an infinite number of english & scottish protestants , rather then the king shall agree with his parliament in england , for the saving of the lives of his protestant subjects here , and choosing to continue the warre in england at the expence of his english subjects lives ; by whom his majestie hath ever , and must still , if ever , subsist in power , dignity , and honour ; and to the great perill and manifest hazard of his majesties own life , rather then break off that cessation , which his majestie had not power to make with the irish , from whom his majestie never received better fruits then at a great expence of treasure , and of his other subjects lives , to reduce and keep them to a forced duty and allegiance ; and the over-ruling of his majesties reason and judgement to approve and consent to the popes supremacy in ireland , which is known and acknowledged to be destructive to his majesties supremacy and just prerogative , rather then an extirpation of episcopacy which is the foundation and assent to the popes supremacy shall be consented to in england , upon a bare presupposall that it is a necessarie support to monarchy ; when it hath never been yet examined what monarchy it supports , whether spirituall or temporall : and whether that which is a necessary supporter to the one , is compatible with the other , having shaken off the yoke of spirituall monarchy , and renounced not onely all subjection to it , but all communion with it ; and trusting of papists upon their bare words and deceitfull professions , against their known unsound tenets and doctrines , rather then the parliament and protestant subjects shall be beleeved upon their solemne vow and covenant for the preservation and defence of his majesties person and authority . and lastly , imploying of known and profest reeusants , trusting them with arms and authority , without any caution or consideration how they may be disarmed again , rather then that the parliament shall be suffered to dispose of the militia of the kingdom for the safety and security thereof for some limited time , are all clear and manifest proofs what their power and prevalence with the king is ; and do all conclude , that an arbitrary power and unlimited prerogative pretending for the king , having been made use of and exercised by them , yet was never intended for the king , nor for the improving nor advancing of the kings prerogative ; but onely to make use of it for erecting and setting up of an independent authority in the church to ecclesiasticall persons : and by means thereof to introduce the popes supremacy as the chief and ultimate end of their designe . and that his majestie hath been grosly abused , and craftily over-reached by disguised impostors , and deceitfull parasites , pretending one thing when intending the contrary . whereof amongst other things my lord of canterbury his equivocall expressions at the houre of his death giveth some light ; at what time being desirous to justifie himself publickly to the world , of his endeavours for changing the religion , he expresseth himself of endeavouring onely to change the protestant religion to popish superstition , as if there had been no other danger from popery but of introducing of grosse and absurd superstition , to many of which imbraced by them , and set up by papall authority , it may be granted him and beleeved that he was no reall friend , but might condemne them in his own opinion and judgement ; when notwithstanding it was certain and clear , that he not onely befriended , but courted and ambitiously coveted that honour and authority which did establish that superstition ; and which must of necessitie still produce some superstition or other in the worship of god : and hath now sufficiently discovered it self to endeavour continually to introduce superstition and ignorance as the principall means to induce men , by a blind devotion to submit to an implicit obedience of what shall be required of them , and imposed upon them . but that was passed over by him as a thing wherein he was not concerned ; yet his practises tending thither was the chief thing concerning religion whereof he was accused , and for which he was condemned : and possibly he might be deceived himself by the fallacy of deceitfull grounds and false principles , the consequences whereof might not appear so clearly to himself as to others , which might be the cause , why he did endeavour to justifie himself of his intentions onely ; when the charge against him , was for his practises and actions chiefly which he acknowledged to have been proved against him , by acquitting his judges as having proceeded secundum allegata & probata . for he might flatter himself with an opinion of good intentions , thinking all was necessarie and good which he went about : but thinking so , he did but deceive himself as well as others , which is the best charity that can be allowed him by the most charitable christians that are not misled by the same principles and grounds that did deceive him ; and the most favourable construction that can be made of him is , that albeit he was a great doctor and statesman also , yet was he to learn the true principles of the christian religion , when he went out of the world , and that his principles of government were no better , then his principles of religion . by the result of all which two things are demonstrated and declared . the first is , that they who do beleeve and are of opinion , that they are the onely assertors and defenders of the kings prerogative , and of the regall power , by fighting against the parliament , for the maintaining and defending of all that is established and approved by the king in this difference between king and parliament , do but contribute their help and assistance for the undermining and destroying of the regall power , and of the kings just prerogative the second is , that the king is not resisted because his will is opposed by his parliament , which is the kings great councell , and the representative body of his kingdom ; and the reason of both is , because by the constitution and frame of this government kings of this kingdom may never give away their rights , and that power and authority which they themselves have over the subjects , nor transferre the same upon any other , without the generall consent of the subjects ; which can never be obtained but by their representative body assembled in parliament . and the obtaining of his majesties will in this , would be of more dangerous consequence to himself , and to the regall authority , then ever yet appeared to himself , or can ever appear , so long as he is separated and divided from his great councell , where , by a free debate of all consequences , and by a clear discovery of all sinister ends and fraudulent practises , the truth of all can onely appear ; and without whom his majestie can determine nothing by himself , nor by his own judgement therein . the question being of exposing himself , his successors , all his subjects , and their posterity to a bondage , and subjection under a heavie yoke and forraigne head ; usurping a spirituall authority , and claiming homage and universall obedience thereunto by divine right , as being , christs vicar generall , and the supreme head of the church upon earth : and the consequences of which being , that the acknowledgement of this claime , and a generall beleef thereof onely , doth necessarily subject all other power and authority unto it ; by reason that the faculties of the soul upon which this spirituall authority hath the chiefest influence and operation , do easily subject and subdue all the powers of the body . and it is now experimentally known , that men being once subdued to the apprehension and beleef of this spirituall authority , by their intellectuals and rationall parts chiefly , they are kept in obedience as to their duty by their sensitive parts , and by all manner of forcible means , which makes it a reall power and authority that before was onely imaginary ; and by means thereof becomes a power superior , to all humane power , and cannot be contradicted nor controlled by no power nor authority , that is in man , and can neither be limited nor confined within any certain bounds , nor be directed by no rule nor law whatsoever . but notwithstanding would suddenly vanish , if the grounds and ends of all spirituall authority , to be exercised under any form of ecclesiasticall government , were fully examined , and discovered to be nothing but the imagination of man , which would infallibly follow if nothing were taken for granted without evidence and proof , which is the end of all councels and consultations , and the principall duty of every rationall man : and reason is in nature before all the other faculties of the soul , and is the foundation of all other gifts and graces whatsoever , but not the perfection , and therefore is it given to all men as a difference and distinction between man and beast : when other gifts and abilities are given onely to some ; and the end of government is discovered to man by the light of reason , and conduceth to the very being of man , which must be provided for , before any thought or consideration can be had of well being , or of any other perfection . and therefore unity , which is the preserver of humane society , must be provided for before any other duty that is required of man . for the preservation of humane society tendeth to the propagation of mankind , in which the being of man consisteth , as from which it is derived , without recourse to a new creation ; and all authority , which is the preserver of unity , must be derived from one head or fountain which in this kingdom is from the regall power . for no man denieth that the king is the head of his people ; and all men know and acknowledge that he is never in his supremacy nor absolute but by his parliament . which as it is the representative body of the people ; so is it the supreme councell of the king . and therefore without it he is neither the head of a compleat body ( but of a faction ) nor a compleat head ; for the parliament being the representative of the people becomes thereby their living soul , including the will and desires of all the people , as comprehending them all : but being the kings great councell , who is the head of the people , it doth supply the office and nature of all the externall senses which are placed in the head for the use of the body , and especially to inform and assist the intellectuall faculties inhabiting the head , for the giving of due influence upon the body , without which a body politick doth languish and consume ; being fed and nourished by the vigorous operation of the intellectuals descending from the head , as a body natural doth by sustenance and meat . wherefore what god hath conjoyned , let no man separate : and whosoever wisheth well to the prosperity of this kingdom , let him endeavour the conjunction of king and parliament : and whosoever nourisheth division between them , let them be esteemed as the betrayers of their countrey , and enemies to mankind ; and let god arise and his enemies will be scattered . but as my lord of canterbury had a legall triall , and just sentence , so may all such disguised traitors to the kingdom , and fraudulent deceivers of the king , in going about to steal from him his reall right and authority , by a counterfeit shew of making it better , perish and be confounded in their own craft as publick enemies to king and parliament , where onely the supremacy of all authority in england doth rest , with the king , and in the king ; but not in the kings will , but in his reason : which as it rendreth him most absolute , so doth it appear most eminent , by concurring with the desires of all his people , when exhibited to him by them who represents them all ; and are likewise his supreme councel , to which all other councels and courts whatsoever are subordinate and accountable : by doing whereof onely he is united with his people , and his people with him , wherein the strength of both consisteth , and then may he confidently say , if god be with us , who can be against us . finis . notes, typically marginal, from the original text notes for div a e- cor. . . concordia discors, or, the dissonant harmony of sacred publique oathes, protestations, leagues, covenants, ingagements, lately taken by many time-serving saints, officers, without scruple of conscience ... by william prynne, esq. ... prynne, william, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing p ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing p estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : a, : ) concordia discors, or, the dissonant harmony of sacred publique oathes, protestations, leagues, covenants, ingagements, lately taken by many time-serving saints, officers, without scruple of conscience ... by william prynne, esq. ... prynne, william, - . [ ], p. printed for edward thomas ..., london : . marginal notes. errata: p. . reproduction of original in university of michigan libraries and union theological seminary library, new york. eng oaths -- england -- early works to . great britain -- politics and government -- - . a r (wing p ). civilwar no concordia discors, or the dissonant harmony of sacred publique oathes, protestations, leagues, covenants, ingagements, lately taken by many prynne, william c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - ali jakobson sampled and proofread - ali jakobson text and markup reviewed and edited - pfs batch review (qc) and xml conversion concordia discors , or the dissonant harmony of sacred publique oathes , protestations , leagues , covenants , ingagements , lately taken by many time-serving saints , officers , without scruple of conscience ; making a very unpleasant consort in the ears of our most faithfull oath-performing , covenant-keeping god , and all loyal consciencious subjects ; sufficient to create a dolefull hell , and tormenting horror in the awakned consciences of all those , who have taken , and violated them too , successively , without any fear of god , men , devils , or hell . by william prynne esq a bencher of lincolns-inne . numb. . . if a man vow a vow unto the lord , or swear an oath to bind his soul with a bond , he shall not break his word , he shall do according to all that proceedeth out of his mouth . gal. . . brethren i speak after the manner of men , though it be but a mans covenant , yet if it be confirmed , no man disannulleth or addeth thereunto . jer. . . because of swearing the land mourneth , the pleasant places of the wilderness are dryed up , their course is evil , and their force is not right . augustin de verbis apostoli sermo . falsa juratio exitiosa est , vera juratio periculosa est , nulla iuratio secura est . tantum mali habet juratio , ut qui lapides colunt timeant falsum jurare per lapides : tu non times deum praesentem , deum viventem , deum s●ientem , deum moven●em , deum in contemptores vindicantem ? vis ergò longè esse a perjurio ? jurare noli . chrys. hom. . in mat. . nisi juramentū interdicatur , non possunt amputari perjuria , nemo est enim qui frequenter jurat , & non aliquando perjuret . london , printed for edward thomas at the adam and eve in little britain , . the dissonant harmony or sacred publick oaths , protestations , leagues , covenants , engagements , lately taken , &c. many are the publick oaths , protestations , leagues , covenants , which all english subjects ( especially judges , justices , sheriffs , maiors , ministers , lawyers , graduates , members of the commons house , and all publick officers whatsoever ) by the laws and statutes of the land have formerly taken to their lawfull hereditary kings , a their heirs and successors , to bind their souls , consciences , to bear constant faith , allegiance , obedience , and dutifull subjection to them ; and to defend their persons , crowns , and just royal prerogatives , with their lives , members , fortunes , against all attempts , conspiracies , and innovations whatsoever . which being almost quite forgotten by those who have formerly taken , and as frequently violated them over and over , in the highest degree , if not abjured them by contrary late oaths and ingagements ; i shall present them in order to their own and others view , that they may conscienciously review , consider them afresh , and bewayle their perjurious atheistical violations of them , to prevent those temporal and eternal judgments , which otherwise may and will most certainly fall upon them , & our nation too for the same . . i shall begin with the antient oath of fealty , a which every person above . years old , and every tithingman was obliged to take publickly at the court leet within which he lived ; and was antiently taken afresh every year by all the subjects under edward the confessor , and william the first , in substance at least , though not in precise words . i a. b. do swear , that from this day forwards , i will be faithfull and loyal to our lord the king , and his heirs , and will bear * faith and allegiance to him of life and of member , and of terrene honour against all people which may live and die ; and that i shall neither know nor hear of any thing which may tend to their hurt or dammage , which i shall not withstand to my power . so god me help . . the second is the antient usual b oath of the maiors of london , and other cities and townes throughout england , and of bayliffs or other chief officers where there were no maiors . you shall swear , that you shall well and loyally serve the king in the office of maior in the city of london , and the same city shall keep surely and safely to the use of our lord the king of england , and of his heirs kings of england ; and that the profit of the king you shall advance in all things which belong to you to do ; and shall loyally preserve the rights of the king , and whatsoever belongeth to the crown in the said city ; and you shall not assent to the distresse , nor to the concealment of the rights , nor of the franchises of the king . and where you shall know the rights of the king of his crown , ( be it in lands , in rents , or in franchises , or in sutes ) to be concealed or substracted , you shall do your best endeavour to regain the same ; and that if you cannot do it , you shall tell it to the king , or to those of his counsel , of whom you are certain they will inform the king thereof : and that lawfully and rightfully you shall treat the people of your bailywick , and do right to every one , as well to strangers as to prives , as well to the poor as to the rich , in that which appertains to you to do : and that neither for honour , nor for riches , nor for gift , nor for promise , nor for favour , nor for hatred , you shall not do wrong to any one : that you shall disturb no mans right , nor shall you take any thing by which the king may suffer losse , or any right shall be disturbed ; and that in all things which appertain to the maior of the said city so to do , you shall well and lawfully demean your self . so god you help , &c. the like c oaths in substance were taken by all privy counsellors of state , sheriffs of counties , recorders of towns , escheators , constables , and other publick officers of justice , and by most freemen of corporations , in relation to the king and his heirs , and the rights of the crown . . the third is the d oath of all the judges , barons of the exchequer , and justices of the peace , prescribed by several acts , thus formed , ye shall swear , that well and lawfully ye shall serve our soveraign lord the king , and his people in the office of justice , and that lawfully ye shall counsell the king in his business , and that ye shall not counsel nor assent to any thing which may turn him to dammage or disherison by any manner , way or colour ; and that ye shall not know the dammage or disherison of him , whereof ye shall not do him to be warned by your self , or by other : and that ye shall do even law and execution of right to all his subjects rich and poor , without having regard to any person . and that you take not by your self or by other , privilie or apertly , gift or reward of gold or silver , nor of any other thing which may turn to your profit , unlesse it be meat or drink , and of small value , of any man that shall have any plea or process hanging before you , as long as the same process shall be so hanging , nor after the same cause . and that ye take no fee , as long as ye shall be justice , nor robes of any man great or small , but of the king himself . and that you give none advice or counsell to no man great or small in no case where the king is party . and in case that any , of what estate or condition they be , come before you in your sessions , with force and arms , or otherwise against the peace , or against the forme of the statute thereof made , to disturbe execution of the common-law or to menace the people , that they may not pursue the law , that ye do their bodies to be arrested and put in prison . and in case they be such , that ye may not arrest them , that ye certifie the king of their names , and of their misprision hastily , so that thereof he may ordain a co●●venable remedy . and that ye by your self , nor by other privily nor apertly , maintain any plea or quarrel hanging in the kings court , or elsewhere in the country . and that ye deny to no man common right by the kings letters , nor none other mans , nor for none other cause : and in case any letters come to you contrary to the law , that ye do nothing by such letters , but certifie the king thereof , and go forth to do the law , notwithstanding the same letters . and that ye shall do and procure the profit of the king , and of the crown , with all things where ye may reasonably do the same . and in case ye be from henceforth found in default in any of the points aforesaid , ye shall be at the kings will , of body , lands and goods , thereof to be done as shall please him , as god you help and all saints , anno e. . stat. . the next oath is that of supremacy , made and prescribed to be taken by all judges , justices , sheriffs , maiors , recorders , civil and ecclesiastical officers , barresters , benchers , graduates , ministers , attornies whatsoever ; and all members of the commons house , before they ought to fit or vote therein , by the statutes of eliz. cap. . eliz. cap. . car. cap. . i a. b. do utterly testifie and declare in my conscience , that the kings highness is the only supream governor of this realm , and of all other his highness dominions and countries , as well in all spiritual or ecclesiastical things or causes , as temporal : and that no forein prince , person , prelate , state or potentate hath , or ought to have any jurisdiction , power , superiority , preheminence or authority , ecclesiastical or spiritual within this realm ; and therefore i do utterly renounce all forein jurisdictions , powers , superiorities , and authorities ; and do promise that from henceforth i shall bear faith and true allegiance to the kings highness , his heirs and lawfull successors , and to my power shall assist and defend , all iurisdictions , privileges , preheminences and authorities granted or belonging to the kings highness , his heirs and successors , or united and annexed to the imperial crown of this realm . so help me god , and by the contents of this book . . the th . ( oath of equal latitude and extent , as the former of supremacy ) is that of allegiance , prescribed by the statutes of jacobi , cap. . jac. c. . car. c. tending only to the declaration of such duty as every true and well-affected subject , not only by bond of allegiance , but also by the commandement of almighty god ought to bear to his majesty , his heirs and successors ; which oath such as are infected with popish superstition do oppugn with many false and unsound arguments , the just defence whereof , his majesty ( king james ) hath heretofore undertaken & worthily performed , to the great contentment , of all his loving subjects notwithstanding the gainsayings of all contentious adversaries . and to shew how greatly his loyal subjects did approve the said oath , they prostrated themselves at his majesties feet , beseeching his majesty that it might be enacted , that the same oath may be administred to all his subjects . the words whereof are these . i a. b. do truly and sincerely acknowledge , professe , testifie , and declare in my conscience before god and the world , that our soveraign lord king charles is lawfull and rightfull king of this realm , and of all other his majesties dominions and countries : and that the pope , neither of himself , nor by any of the church or see of rome , or by any other means with any other hath any power or authority to depose the king , or to dispose of any of his majesties kingdomes or dominions , or to authorize any forein prince to invade o● annoy him or his countries ; or to discharge any of his majesties , subjects of their allegiance and obedience to his majesty , or to give licence or leave to any of them to bear arms , raise tumult , or to offer any violence or hurt to his majesties royal person , state or government , or to any of his majesties subjects , within his majesties dominions . also , i do swear from my heart , that notwithstanding any declaration or sentence of excommunication or deprivation made or granted by the pope , or his successors , or by any authority derived , or pretended to be derived from him , or his see , against the said king his heirs or successors , or any absolution of the said subjects from their obedience : i will bear faith and true allegiance to his majesty , his heirs and successors , and him and them will defend to the uttermost of my power , against all conspiracies and attempts whatsoever , which shall be made against his or their persons , their crown and dignity , by reason or colour of any such sentence or declaration , or otherwise , and will do my best endeavour to disclose and make known unto his majesty , his heirs and successors , all treasons and traiterous conspiracies , which i shall know or hear of to be against him , or any of them . and i do further swear . that i do from my heart abhor , detest , and abjure , as impious and heretical , this damnable doctrine and position , that princes which be excommunicated by the pope , may be deposed or murthered by their subjects , or any other whatsoever . and i do believe , and in conscience am resolved , that neither the pope , nor any person whatsoever , hath power to absolve me of this oath , or any part thereof , which i acknowledge by good and full authority to be lawfully administred unto me , and do renounce all pardons and dispensations to the contrary . and all these things i do plainly and sincerely acknowledge and swear , according to the expresse words by me spoken , and according to the plain and common sense and understanding of the same words , without any equivocation , or mental evasion , or secret reservation whatsoever . and i do make , this recognition and acknowledgement heartily , willingly , and truly , upon the true faith of a christian so help me god . . to these oaths i shall subjoyn the c protestation , made and taken ( in pursuance of these oaths ) by all the well-affected members of the lords , and commons house the last long parliament , and voluntarily taken by all the best affected people throughout the realm , and by all , or most officers and souldiers of the army ; by their authority . we the knights , citizens , and burgesses in the commons house of parliament , finding to the great grief of our hearts , that the designs of the priests and jesuites , and other adherents to the see of rome , have of late been * more boldly and frequently put in practise than formerly to the undermining , and danger of the ruine of the true reformed protestant religion in his majesties dominions established : and finding also that there have been , and having just cause to suspect that there still are , even during this sitting in parliament , * endeavours to subvert the fundamental laws of england and ireland , and to introduce the exercise of an arbitrary and tyranical government , by most pernicious and wicked counsels , practises , plots and conspiracies : and that the long intermission , and unhappy breach of parliaments , hath occasioned many illegal taxations , whereupon the subject hath been prosecuted and grieved : and that divers innovations and superstitions have been brought into the church , multitudes driven out of his majesties dominions ; jealousies raised and fomented betwixt the king and his people ; a popish army levyed in ireland , and two armies brought into the bowels of this kingdom , to the hazard of his majesties royal person , the * consumpsion of the revenues of the crown and treasure of this kingdom : and lastly , finding a great cause of jealousie , that endeavours have been , and are used to bring the english army into a mis-understanding of this parliament , thereby to * incline that army , with force to bring to passe those wicked counsels , have therefore thought good to joyn our selves in a declaration of our united affections and resolutions , and to make this ensuing protestation . i a. b do in the presence of almighty god , promise , vow , and protest , to maintain and defend , as far as lawfully i may , with my life , power , and estate , the true reformed protestant religion , expressed in the doctrine of the church of england , against all popery and popish innovations within this realm , contrary to the same doctrine , and according to the duty of my allegiance , his majesties royal person , honour and estate ; as also the power and privilege of parliament ; the lawfull rights and liberties of the subject , and every person that maketh this protestation , in whatsoever he shall do in pursuance of the same . and to my power , and as far as lawfully i may , i will oppose , and by all good wayes and means endeavour to bring to condigne punishment , all such as shall either by force , practise , counsels , plots , conspiracies , or otherwise , do any thing to the contrary in this present protestation contained . and further , that i shall in all just and honourable waies endeavour to preserve the vnion and peace between the three kingdoms of england , scotland , and ireland ; and neither for hope , fear , nor other respect , shall relinquish this promise , vow , & protestation . . the next in time , is the solemn league and covenant , taken in the most solemn manner with hands lifted up to heaven , and subscribed by all members of parliament , in england and scotland , by all civil , military officers , souldiers and well-affected persons in our three kingdoms , by f sundry special ordinances of parliament ; approving and ratifying the same . ¶ a solemn league and covenant for reformation and defence of religion , the honour and happiness of the king , and the peace and safety of the three kingdoms of england , scotland , and ireland . we noblemen , barons , knights , gentlemen , citizens , burgesses , ministers of the gospel , and commons of all sorts , in the kingdoms of england , scotland , and ireland , by the providence of god living under one king , and being of one reformed religion , having before our eyes the glory of god , and the advancement of the kingdom of our lord and saviour jesus christ , the honour and happiness of the kings majesty , and his posterity , and the true publique liberty , safety , and peace of the kingdoms , wherein every ones private condition is included ; and calling to minde the treacherous and bloudy plots , conspiracies , attempts , and practises of the enemies of god , against the true religion and professors thereof in all places , especially in these three kingdoms ever since the reformation of religion , and how much their rage , power , and presumption are of late , and at this time increased and exercised ; whereof the deplorable estate of the church and kingdom of ireland , the distressed estate of the church and kingdom of england , and the dangerous estate of the church and kingdom of scotland , are present and publike testimonies : we have now at last , ( after other means of supplication , remonstrance , protestations and sufferings , ) for the preservation of our selves and our religion from utter ruine and destruction , according to the commendable practice of these kingdoms in former times , and the example of gods people in other nations ; after mature deliberation , resolved and determined to enter into a mutual and solemn league and covenant , wherein we all subscribe , and each one of us for himself , with hands lifted up to the most high god , do swear . i. that we shall sincerely , really and constantly , through the grace of god , endeavour in our several places and callings , the preservation of the reformed religion in the church of scotland , in doctrine , worship , discipline and government , according to the word of god , and the example of the best reformed churches ; and shall endeavour to bring the churches of god in the three kingdoms , to the nearest conjunction and uniformity in religion , confession of faith , form of church-government , directory for worship and catechising ; that we and our posterity after us , may as brethren , live in faith and love , and the lord may delight to dwell in the midst of us . ii. that we shall in like manner , without respect of persons , indeavour the extirpation of popery , prelacy , ( that is , church-government by arch-bishops , bishops , their chancellors and commissaries , deans , deans and chapters , archdeacons , and all other ecclesiastical officers depending on that hierarchy ) superstition , heresie , schisme , profaneness , and whatsoeuer shall be found to be contrary to sound doctrine , and the power of godliness ; lest we partake in other mens sins , and thereby be in danger to receive of their plagues , and that the lord may be one , and his name one , in the three kingdoms . iii. we shall with the same sincerity , reality , and constancy , in our several vocations , endeavour with our estates and lives , mutually to preserve the rights and privileges of the parliaments , and the liberties of the kingdoms , and to preserve and defend the kings majesties person and authority , in the preservation and defence of the true religion , and liberties of the kingdoms ; that the world may bear witness with our consciences of our loyalty , and that we have no thoughts or intentions to diminish his majesties just power and greatness . iv. we shall also with all faithfullness endeavour the discoverie of all such as have been , or shall be incendiaries , malignants , or evil , instruments , by hindering the reformation of religion , dividing the king from his people , or one of the kingdoms from another , making any faction or parties amongst the people , contrary to this league and covenant , that they may be brought to publike trial , and receive condigne punishment , as the degree of their offences shall require or deserve , or the supreme judicatories of both kingdoms respectively , or other , having power from them for that effect , shall judge convenient . v. and whereas the happiness of a blessed peace between these kingdoms , denied in former times to our progenitors , is by the good providence of god granted unto us , and hath been lately concluded , and setled by both parliaments , we shall each one of us , according to our place and interest , indeavour that they may remain conjoyned in a firm peace and union to all posteritie ; and that justice may be done upon the willfull opposers thereof , in manner expressed in the precedent articles . vi . we shall also according to our places and callings in this common cause of religion , liberty and peace of the kingdoms , assist and defend all those that enter into this league and covenant , in the maintaining and pursuing thereof , and shall not suffer our selves directly or indirectly by whatsoever combination , perswasion , or terror , to be divided , and withdrawn from this blessed union and conjunction , whether to make defection to the contrary part , or to give our selves to a detestable indifferency or neutrality in this cause , which so much concexneth the glory of god , the good of the kingdoms , and the honour of the king ; but shall all the dayes of our lives , zealously and constantly continue therein , against all opposition , and promote the same according to our power , against all lets and impediments whatsoever : and what we are not able our selves to suppress or overcome , we shall reveal and make known , that it may be timely prevented or removed ; all which we shall doe as in the sight of god . and because these kingdoms are guilty of many sins and provocations against god , and his son jesus christ , as is too manifest by our present distresses and dangers , the fruits thereof ; we professe and declare before god and the world , our unfeined desire to be humbled for our own sins , and for the sins of these kingdoms , especially , that we have not as we ought , valued the inestimable benefit of the gospel , that we have not laboured for the purity and power thereof , that we have not endeavoured to receive christ in our hearts , nor to walk worthy of him in our lives , which are the causes of other sins and transgressions , so much abounding amongst us ; and our true and unfeigned purpose , desire , and indeauour for our selves , and all others under our power and charge , both in publique and private , in all duties we owe to god and man , to amend our lives , and each one to go before another in the example of a real reformation , that the lord may turn away his wrath and indignation , and establish these churches and kingdomes in truth and peace and this covenant we make in the presence of almighty god the searcher of all hearts , with a true intention to perform the same , as we shall answer at that great day , when the secrets of all hearts shall be disclosed . most humbly beseeching the lord to strengthen us by his holy spirit for this end , and to bless our desires and proceedings with such success , as may be deliverance and safety to his people , and encouragement to other christian churches groaning under , or in danger of the yoke of antichristian tyranny , to joyn in the same , or like association and covenant , to the glory of god , the enlargement of the kingdom of jesus christ , and the peace and tranquility of christian kingdoms and commonwealths . subscribed by william lenthal speaker , sir henry vane junior , and most now sitting . yet notwithstanding all these most solemn , sacred , legal oaths , this protestation , solemn league and covenant , sweetly according with and ratifying each other , the remaining fragment of the commons house , sitting under the power of the army , not only violated them all in the highest degree , by their proceedings against the late king , his heirs and successors to the imperial crown , the royal posterity , kingship , kingdom , lords house , and their secluded fellow members , but also took upon them to suppress and set aside these oathes , yea to brand and stigmatize them , for vnlawfull oathes ; to absolve themselves , with all others from them ; and to set up an ingagement of their own framing , in diametrical opposition against all and every of them , imposed on all the three nations with strictest severity , by their new knack of . september . disabling all freemen of this nation to sue in any court of justice whatsoever , or to enjoy any civil , ecclesiastical or military office , benefice , augmentation , trust , or degree of learning in the vniversities or innes of court , and debarring all lawyers , attornies from their practice , by a new kinde of praemunire , who should not take and subscribe this engagement : which the whole house of commons ( having not the least legal power to g administer any usual oath to witnesses , or any person whatsoever in any case or age , ) had neither authority nor power to impose upon the nation , were it consonant to the precedent oaths , protestation , covenant much less then the vnparliamentary conventicle , sitting after the kings beheading , the lords and majority of the commons forcible seclusion , and the h parliaments actual dissolution thereby ; when diametrically repugnant to all these legal oaths , and to the petition of right it self , caroli , complaining , providing against the future administring of any oath not warrantable by the laws and statutes of this realm , in precise terms ; and whether this engagement , be not such , let all lawyers , divines , and consciencious englishmen resolve . i do declare and promise , that i will be true and faithfull to the common-wealth of england , as it is now established , without a king or house of lords ▪ all the officers , souldiers of the army , and garrisons through england and ireland , were the first men who subscribed it , and returned their subscriptions in parchment-rolls to their journey-men and creatures at westminster ; who thereupon thought themselves and their government , ( though founded upon bloud , treachery , perjury , ) as lasting and perpetual , as if it had been founded on a rock , and the sincerest principles of piety , justice , righteousness , and general publick national consent . but those very first engagers to them , when they had done their drudgery , and oppressed the nation with doubled and trebled taxes to support their bloody wars by land and sea against their protestant king , and brethren of scotland & the netherlands , on the th . of april . i sodenly turned them out of doors , and power , with force and highest contempt , as persons wholy perverting the ends of parliament , oppressing the people , making gain the main of their business , and utterly impossible in that corrupt estate , in the judgements of the most moderate men to come the instruments of our long desired establishment . and then setting up a protector over their infant common-wealth much against their wills , the mock-parliament under him ( whiles above members duly elected , most confided in by the country were forcibly secluded ) by their additional petition and addresse , the th . of june . imposed this new oath on all counsellors of state , and members of parliament . i a. b. do in the presence of god almighty promise and swear , that to the uttermost of my power i will uphold and maintain the true reformed protestant religion , in the purity thereof , as it is contained in the holy scriptures of the old and new testament , and encourage the profession and professors of the same . and that i will be true and faithfull to his highnesse the lord protector of the commonwealth of england , scotland , and ireland , and the dominions thereunto belonging as chief magistrate thereof . and shall not contrive , design or attempt any thing against the person or lawfull authority of the lord protector ; shall keep secret all matters that shall be treated of in counsel , and put under secrecy , and not reveal them but by command , or consent of his highnesse , the parliament , or the counsel ; and shall in all things faithfully perform the trust committed to me , as a counsellour , according to the best of my understanding , in order to the good government , peace and wellfare of these natiions . and shall endeavour as much as in me lyes , as a member of parliament , the preservation of the rights and liberties of the people . these oaths were sworn ( by many of those , who had taken the premised oaths , protestation , solemn league and covenant , and the engagement too , ) both to their protector oliver and his son richard , with whom the army-officers , souldiers , and sundry others in the name of most counties and corporations of england , scotland , and ireland , in their special addresses to richard , faithfully promised to live and die : yet lo within few months after , notwithstanding these oaths and addresses , by a miraculous divine providence ( admirable in all considerate mens eyes ) they not only all deserted , but degraded him from his protectorship , without one stroke , or drop of blood spilt , or sword drawn in his quarrel ; after so much christian bloud shed , so many millions of treasure spent , and many years travel , care , by his father oliver , to establish his posterity in this new-erected supremacy , protectorship ; and that by his own army-officers , and nearest , most endeared relations , even in a moment , beyond all probability or possibility in humane apprehension . to accomplish this strange unexpected work , the army-officers called in the old vnparliamentary iuncto sitting since the year . till april . . whom they formerly dissolved and unparliamented , secluding all the rest of the old parliament sitting till december . . . by force and armed guards , with the whole house of lords , re-creating them alone for a parliament : who usurping to themselves the name and power of a parliament . against both law . equity , reason ; dismounted his son richard from his protectorship , unlorded , degraded his new other house of mushrom lords , and new dubbed knights , cashiered some of the army-colonells , and other officers , who helped to make them a parliament , & him a protector ; and may gratifie the rest in this kinde ; commissioned some , whom oliver cashiered ; turned most of his council , commissioners , judges , creatures out of their offices ; and pulled down most of that he set up with force and blood . who now thinking themselves secure , and forgetting all their former , with these late sodain revolutions , changes , as the just rewards of perfidious breaches of oaths ; protestations , covenants to their lawfull soveraigns , they hav now afresh to make us a freestate , not only doubled our former taxes in effect , and more than trebled them by a most arbitrary new militia on many , but also by a new bill , appointed an oath to be taken by their iudges , iustices of the peace , and other officers , in form following . you shall swear , that you shall be true , faithfull and constant to this commonwealth , without a single person , kingship , or house of lords . which ‖ illegal oath , so diametrically contrary to the former , it swallowed by their unarmed judges , justices , and other civil officers out of fear , will in time be imposed on the army officers , soldiers , and all others , as their former ingagement was , with as severe penalties . having presented you with these contradictory , repugnant , irreconcileable oathes , protestations , covenants and engagements , i shall propose some few cases of conscience upon them , in this age , when conscience is so much pretended , and liberty of conscience so much pressed , that tendernes of conscience , and conscience it self , are hardly to be found in the greatest pretenders to them . . whether all lawfull sacred oaths , vowes , covenants , protestations . doe not i firmly , immutably , inviolably bind the souls , consciences , of all that take them , to an absolute , indispensible , sincere , faithful performance , and strict observation of them , to the uttermost of their power in all estates and conditions , as is evident by numb. . . to . josh . , . gal. . . deut. . , . judg. . . . job . ps. . . ps. . ps. . . ps. . . ps. , . ps. . , , &c. eccles. . . jer. . . jonah . isay . . nah. . . gen. . , , . c. . . to . . to . c . . c. . . c. . , . levit. . . josh. . . . . judg. . , . deut. . . josh. . , . kings . . . , . chron. . . ezra . . neh. . . jer. . . c . . mat. . . kings . , , . chron. . , , . compared with hebr . , , . an oath for confirmation is to men an end of all strife : wherfore god willing more abundantly to shew unto the heirs of promise the immutability of his counsel , confirmed it with an oath , that by two immutable things ( his oath and covenant ) in which it is impossible for god to lie , we might have strong consolation . ps. . . . i have made a covenant with my chosen , i have sworn unto david my servant . my covenant will i not break , nor alter the thing that is gone out of my lipps . once have i sworn by my holiness that i will not lie unto david , ps. . . the lord hath sworn in truth unto david , he will not turn from it . jer. . . . thus saith the lord , if you can break my covenant of the day , and my covenant of the night , and that there should not be day and night in their season . then may also my covenant be broken with david my servant , that he should not have a son to reign upon his throne . if gods oaths and covenants to mortal sinful men be thus true , constants , sincere , firme , unalterable , immutable ; then by like reason should mens oaths and covenants to god and their lawfull kings be such , as psal. . . eccles. . . gal. . . levit. . . to . and the other forecited texts resolve . ly . whether the late violation through fear , or self-respects , much more the wilfull justification , perjurious repeal , abrogation , abjuration of our sacred lawful oaths , protestation , covenant , be not a k most detestable , crying , scandalous , damning sin , exceedingly dishonorable to god , injurious to religion ; & drawing down sad , private , personal and national judgements , on those who are notoriously guilty thereof , as is most apparent by ezech. . . c. . . to . zech. . . c. . , . hos. . . lev. . , . c. . . prov. . , . jer. . . c. . . to . c. . . to . c. . , . deut. . . c. . . to . ps. . . . . to . chron. . . josh. . . sam. . . to . jer. . . rom. . , . tim. . . worthy sad and serious perusal . and whether those who are deeply guilty of these sins , can ever expect to enter into heaven , since this is made the special character of a citizen of zion , who shall dwell in gods holy hill , psal. . , , . he that walketh uprightly and worketh righteousness , and speaketh the truth from his heart , he that sweareth to his own hurt and changeth not , much more then when for his own and the publick good . ly . whether those who have made , taken , and equally violated all or most of these contradictory oathes , protestations , covenants , ingagements alike , be not perjured persons , and covenant-breakers in folio , void of all real fear of god , truth , faith , conscience , honesty , religion , if the premised scriptures , or eccles. . acts . , , . may be credited ? and whether those who have been thus perfidious , perjurious , fidef●agus , treacherous to all others , can in point of justice , conscience , prudence , policy , impose an oath upon all or any others , to be true , faithfull and constant , in their oaths covenants , trusts and obedience unto them ? ( especially before themselves have taken any such oath , to be true , faithfull , constant to their own principles , or any fixed setled government : ) since they have taught them to be treacherous , perfidious , disloyal , by their own precedent examples ; and god himself hath denounced this wo , and retaliation against such , isay . . wo unto thee that dealest treacherously , and they dealt not treacherously with thee ; when thou shalt make an end to deal treacherously , they shall deal treacherously with thee . which we have seen verified of late in sundry particulars even to admiration , by divine retaliation , to deterr all henceforth from the dangerous sin of perjury , treachery , oath and covenant breaking . ly . whether it be not a most impious , unchristian , execrable , if not atheistical practice , for any persons whatsoever ( especially without any colour of parliamentary authority ) to impose any oath , vow , or illegal ingagement upon others , diametrically repugnant to , inconsistent with their former legal oaths , protestations , covenants , imposed on them by unquestionable parliamentary authority , to their lawfull soveraigns , to ensnare , wound their consciences , and involve them in the guilt of unevitable , most apparent * perjury , and breach of all their former oaths , protestations , covenants ? and whether such incur not that wo in isay , , , . wo unto them that decree unrighteous decrees , and that write grievousnesse , which they have prescribed , to turn aside the needy from judgement , to take away the right from the poor , ( exiled royal issue ) and that they may rob the fatherless ; and what will ye do in the day of visitation , and in the desolation which shall come from far ? to whom will ye flee for help , and where will ye leave your glory ? if ahabs and jesabels suborning of false witnesses against naboath to gain his vineyard , who attested , that naboath did blaspheme god and the king , brought such a heavy doom upon their persons and royal posterity , to their utter extirpation . kings . , & . how much sorer judgements shall they incur , who shall endeavour to make our whole . kingdoms perjured in the highest degree , by ingaging them to renounce , blaspheme both god and the king , & abjure their former oaths , covenants , protestations , of purpose to disinherit the royal posterity of their crowns and royalties , which they have so precisely sworn , protested , covenanted over and over , inviolably to defend and preserve ? ly . whether it can be just , equitable , prudential , rational , for any in present power , to commission , intrust , imploy anabaptists , quakers , with other military officers , souldiers by land and sea , without prescribing any military oath unto them , ( after so many meetings , and violations of their trusts to the late king , parliament , and other new governours , governments of their own erecting , to their total subversion ) to be true , faithfull , obedient , and constant to them ; contrary to the discipline of all former ages amongst the romanes , graecians , and most other nations , who alwaies * imposed a military oath on all their army-officers , souldiers , ( warranted by tim. , , ) and in the mean time , to inforce such a oath upon all their judges , justices , and civil officers , against their judgements , consciences , who are orthodox in religion , approve of lawfull oaths , ( imposed by legal authority of parliament ) magistracy , and ministry , which anabaptists , quakers , and other sectaries professedly oppugn , and now violently endeavour to suppresse ? and whether those now sitting , or any others who have taken the forecited oaths to the late king and his heirs , or the protestation , league , and covenant , can without apparent perjury , and direct violations of them , repute those few reliques of the old parliament , now sitting ( forcibly secluding the lords and majority of their fellow members ) to be a lawfull parliament within the statute of car. c. ? or submit to any oaths , taxes , edicts of theirs as parliamentarie or legal ? . whether the forecited oaths of supremacy , allegigiance , maiors , sherisss , judges , recorders , bayliffs , parliament-members , and others , in direct words , extending not only to the late kings person , but his heirs and successors , do not inviolably bind both them , their posterities and our whole three nations , kingdoms in perpetuity , in point of law and conscience , so long as there is any heir of the crown and royal line in being ? and that upon these unanswerable scriptural presidents and legal considerations . . because gods oath and covenant made to eve , abraham , noah , their seed and posterity , and to the israelites and their children , and their covenant made to god , by gods own resolution , did oblige god himself and them in perpetuity from generation to generation , gen. . . c. . , . c. . , to . c. . . c. . . c. . , to . c. . . c. . . c. . , , . exod. . . c. . . levit. . , . numb. . . c. . . c. . , . deut. . . c. . . . c. . , . c. . , , . c. . . c. . . c. . . c. . . , to . c. . , . c. . . c. . . josh. . , . c. . , to . chron. . , . neh. . . c. . , . ps. . . isay . . c. . . c. . . c. . , . c. . . mal. . , to . c. . . acts . . c. . . c. . , . c. . . rom. . , . c. . , . c. . , , . gal. . . to the end . heb. . , to . c. . . c. . . lu. . , . rev. . . levit. . , , , , . kings . , to . psal. . , . ps. . . . ps. . . , , , . ps. . . . ps. . , . ps. . , . isay . . c , . . c. . . c. . . jer. . to . c. . . c. . . , . c. . . to . c. . . . c. . . ezech. . . . c. . , . c. . . hos. . . heb. . . . therefore mens oaths , covenants to kings and their posterity , must likewise bind in succession and perpetuity . ly . because gods oath and covenant made to david , and to his house , royal seed and posterity , touching their succession in the royal throne of iudah , was hereditary , successive , extending to all his issue and posterity : and though many of them were wicked , rebellious , yet this did not cause or provoke god to dethrone , or disinherit them , or infringe his oath and covenant to david , sam. . . to the end . c. . . kings . . psal. . , , , to . ps. . , , . ps. . . jer. . , , , . chron. . , to . jer. . , , , . kings . . , , . kings . . chron. . , , . chron. . , &c. jer. . . zezh . . . john . , . lu. . , . therefore much more where oaths , covenants are made by subjects to their hereditary kings and their posterity , they must remain inviolable , and not be abrogated by their transgressions . ly . because the oath , which joseph took of his brethren , the children of israel , to carry up his bones , out of aegypt into canaan , when god should bring them out of aegypt , gen. . , . though not made precisely for them and their posterity , was reputed by moses and them , to be obligatorie to their seed , as if made by them , even in point of conscience : as is evident by exod. . . and moses took the bones of ioseph with him , ( though driven out of egypt by pharoah ) for he had straitly sworn to the children of israel , saying , god will surely visit you , and you shall carry up my bones hence with you . which bones of his they ( by vertue of this oath ) notwithstanding pharoahs pursuit after them , carryed along with them through the red sea , and through the wildernesse forty years , and through the land of canaan , till they had quite conquered it , notwithstanding all their wars , iosh. . . near years after this oath first made . if then moses , ioshua , and all the israelites held themselves thus conscienciously obliged by the oath of their deceased ancestors above four hundred years before , to carry up iosephs dead bones out of aegypt , notwithstanding all objections of hast and danger from pharoah and his host , their forty years wandring in the wildernesse , their wars in canaan ; and meanesse of the matter in relation to their publick safety , no wayes concerned in it . then much more must our ancestors , and our own particular reiterated oaths in precise terms to our kings , their heirs and successors , which so much concern our publick government , peace , settlement , safety , prosperity , engage our whole kingdom and three nations to a consciencious observation of them to the uttermost of their power . ly . because davids oath to saul and jonathan extended to their seed , sam. . , . swear now therefore unto me by the lord , that thou wilt not cut off my seed after me , and that thou wilt not destroy my name out of my fathers house : and david swore unto saul : sam. . , to , . and jonathan said to david , thou shalt not only while i yet live shew me the kindnesse of the lord , that i die not , but also , thou shalt not cut off thy kindnesse from my house for ever , no not when the lord hath cut off the enemies of david , every one from the face of the earth . so jonathan made a covenant with the house of david ; and jonathan caused david to swear again , because he loved him . and ionathan said to david , go in peace , for as much as we have sworn both of us in the name of the lord , saying , the lord be beeween thee and me , and between thy seed and my seed for ever . how conscienciously david observed these oaths after the deaths of saul and ionathan , is apparent , not only by his love , favor , and affection to mephibosheth for jonathans sake , whom he restored to all that was saule , & made him eat continually at his table . sam. . . &c. and by his slaying of baanah and rechab for murdering ishbosheth , sauls son , his competitor , when they brought his head unto him , expecting a great reward , sam. . but more especially by his sparing mephibosheth , the son of jonathan , the son of saul , because of the lords oath that was between them , between david and jonathan , ( extending to their seed and posteritie ) when the gibeonites demanded . of the sons of saul to be delivered up to them , sam. . , , . . because esther . , , . the * iews ordained and took upon them and upon their séed , and upon all such as joyned themselves unto them , so as it should not fail , that they would keep these two dayes of purim , according to their writing , and according to their appointed time every year ( as those in the parliament of jac. c. . and their posteritie have observed the of november annually ever since . ) and that those dayes should be remembred and kept throughout every generation , every family , every province , and every city : and that those dayes of purim should not fail from among the iews , nor the memorial of them perish from their séed : which they decreed for themselves and for their seed . if the whole nation of the jewes by an ordinance and decree , might thus binde their seed , posterity , to observe the daies of purim for ever : with like reason they might by an oath & covenant oblige themselves and their posterities for ever to their hereditarie kings , their heirs and posterities for ever : and so may we and all other nations , by the like acts , decrees , and the forecited oathes , as is clearly resolved , declared , enacted by the statutes of h. . c. . h. . c. ● . h. . c. . h. . c. . eliz. c. . . eliz. c. . jac. c. . jac. c . jac. c. . ly . because the president of the rechabites , ( who upon the command of their father ionadab the son of rechab , that neither they nor their sons for ever should drinke wine , nor build house , nor sow seed , nor plant , nor have any vineyard , but dwell in tents all their dayes ; held themselves bound in duty , conscience to obey it , which god himself commends , records . rewards , for others imitation , jer. . . to . who might in like sort oblige them by his oath and covenant ; ) is a convincing gument that as the * warranties , covenants , bends , contracts , feofments , grants , reservations of rents , services , tenures in see , by the laws of england , and other nations , firmly oblige mens heirs , posterity , assignees , executors , administrators , on both sides in succession and perpetuity ; so likewise their oaths , covenants , protestations , to their here litarie kings , their heirs and successors , oblige them equally to them in perpetuity and succession . ly . because it is most evident by gen. . , . c. . exodus . . c. . . c. . . kings . . kings . . jer. . c. . . that parents by their iniquities and transgressions may draw down and entayl the curses , the judgements of god on them , and their posterityes after them to their prejudice : therefore they may much more oblige them by their oaths , covenants , to obedience , loyalty , subjection to their hereditary kings and their heirs , for their own particular , and the m publick good , safety , as well as freehold and copyhold tenents in honors , manors , may oblige themselves , their heirs and successors for ever , by homage , fealty , tenures , contracts to their landlords , their heirs and assignees for ever , by the common , statute-laws , of our own and other realms , though they be no soveraign lords and kings over them . ly . because the saints and churches of god in all ages have held themselves and their posterity bound in duty and conscience to pray to god for the life , safety , prosperity of their kings , and their sons and royal posterity , in all hereditary kingdoms , as is apparent by ezra . . , . psal. ▪ , , . sam. . . sam. . . kings . . , . kings . . chron. . . psal. . . ezech. . . dan. . . c. . . c. . . . mat. . . . john . , . tim. . , , . by all the antient , modern liturgyes , collects , letanyes , canons of the churches of england , scotland , ireland , france , spain , and other hereditary kingdoms ; the testimony of sundry fathers , councils , historians , and our own clause rolls in the tower , n elsewhere quoted . therefore they may lawfullie oblige themselves and their posterity , by solemn oaths , covenants , protestations to obey , protect and defend their , and their posterities royal persons , crowns and royalties . ly . to put this out of further question , i shall only prest one scripture president and testimonie more , wherewith i shall conclude this point , and that is the historie of the gibeonites , recorded josh. . & . and sam. . . to . the gibeonites ( a remnant of the amorites , with whom the israelites by gods express command were to make no peace nor covenant , nor shew any mercy to , but smite with the edge of the sword and utterly destroy , deut. . , , . c. . , , . ) circumventing joshua and the elders of israel by a stratagem , of old bottles , shooes , bread , clothes , and a lying information , that they came from a farr country to make peace and a league with them . by reason of the glorious victories god had given , and the miracles he had wrought for them ; thereupon , without asking any advice of god or the congregation , or examining the truth of their information , joshua and the elders of the congregation entred into a league with them , to let them live , and sware unto them in the name of the lord . within three dayes after they heard they were their neighbours and dwelt amongst them , and they came unto their cities the third day . * but the children of israel smote them not , because the princes of the congregation had sworn unto them by the lord god of israel . hereupon all the congregation murmured against the princes . but all the princes said unto the congregation : we have sworn unto them by the lord god of israel , therefore we may not touch them . this we will do unto them , we will let them live lest wrath be upon us , because of the oath that we sware unto them and the princes said unto them , let them live as the princes had promised them , but let them be hewers of wood and drawers of water to all the congregation . and joshua called for them , and spake unto them saying ; wherefore have ye beguiled us , saying , we are very far from you , when you dwell among us ? now therefore ye are cursed , and there shall none of you be freed from being bondmen , and bewers of wood and drawers of water for the house of my god . and they answered joshua and said ; because it was certainly told thy servants , how the lord thy god commanded his servant moses to give you all the land , and to destroy all the inhabitants of the land before you ; therefore we were fore afraid of our lives because of you , and have done this thing . and now behold we are in thine hand , as it seemeth good and right unto thee to do unto us , do . and so did he unto them , and delivered them out of the hand of the children of israel , that they slew them not . and joshua made them that day hewers of wood , and drawers of water for the congregation , and for the altar of the lord even to this day , in the place which he should chuse . after this oath and league the princes and congregation were so farr from slaying or suffering them to be slain by their enemies contrarie hereunto , that when as . kings soon after came up with all ●h●ir hosts and encamped against gibeah , to destroy is because they had made peace with israel ; the giheonite sending this message to joshus & the camp at gilgal ; slack not thy hand from thy servants , to come up to us quickly & save us , for all the kings of the amorites that dwell in the mountains are gathered against us ; thereupon ioshua and all the men of warr with him went up from gilgal all night , and came upon their enemies sodenly , and smote , & destroyed them with a great slaughter , delivering them from that danger . about years after this solem oath & league , king saul out of his zeal to the children of israel and iudah , sought to destroy all , and slew some of those gibeonites posterity , contrary to this oath and league , for which ( * years after its violation , and years after its first making ) god sent a famine in the land for three years , year after year : upon this david inquiring of the lord , what was the true cause thereof ? the lord answered him , it was for saul , and for his bloudy house , because they slew the gibeonites , who were not of the israelites , but of the remnant of the amorites , and the children of israel had sworn unto them . whereupon david called the gibeonites , and said unto them : what shall i doe for you , and wherewith shall i make the attonement , that ye may blesse the inheritance of the lord ? and they said unto the king , the man that consumed us , and devised against us that we should be destroyed from remaining in any of the coasts of israel , let seven of his sons be delivered unto us , and we will hang them up in gibeah of saul which the lord did chuse ; which being accordingly done , after that god was intreated for the land , and removed the famine , sam. . . to . here we have an oath and covenant binding the israelites , their governours . heirs and posterity in perpetuitie to the gibeonites and their posteritie ; which i shall parallel with our forementioned oaths , protestation , covenant to our hereditarie kings , their heirs and successors , to prove them more obliging to us and our posterities , than this oath & league of the israelites to the gibeonites , in regard of these observable circumstances & particulars , not hitherto insisted on by any ; which i beseech god in mercie to set home effectually upon all our hearts , spirits , consciences , both for our information , reformation , settlement , and avoiding gods avenging justice on us and our posterities , for our transcendent perjuries , breach of oathes and covenants to our soveraigns . . this oath and covenant with the gibeonites embassadors , was procured by meer fraud , circumvention , misinformation , and apparent falshood , arising meerly from those to whom it was made and sworn : yet it obliged the israelites and their posteritie , to the gibeonites and their progenie in perpetuitie : but the forementioned oathes , together with the protestation , and solemn league and covenant , were made without any fraud , circumvention , misinformation , or false suggestion , upon grounds of loyaltie , dutie , justice , prudence , christianitie , religion , and state-policie , voluntarily propounded by the makers , takers of them , and ratified in full parliaments : therefore they must needs be farre more valid , obligatory to the whole english nation and their posterities , than this oath , covenant to the gibeonites . . this league and oath was made very sodenly , rashly , unadvisedly , without any advice with god and the whole congregation , or examining , debating the truth of the gibeonites suggestion ; yet it bound them when once made : but our oathes , protestation , league , covenant , were all made enacted , enjoyned upon long and serious debate , mature deliberation in several successive parliaments : therefore ours must be much more obliging than theirs . ly . this league , oath , was made only by the princes of israel , without the congregations privitie , assent or advice , who were discontented with and murmured against them for it , yet it obliged both the princes , people , and their posterities : but our oathes , protestation , league and covenant , were made not only by all our princes , nobles , peers , but likewise by the whole house of commons in full parliaments , and assented to by the whole english nation both in and out of parliament , the * commons being the original movers , promoters , contrivers of all or most of them : therefore they must be much more obligatorie to us and our po●eri●ies , than theirs . ly . their league , oath , was never ratified by any publique law or decree of the whole congregation and people of israel in any publike convention , but only by ioshua and the princes alone ; yet they bound the whole nation : ours have been approved , ratified , established , perpetuated by sundry successive acts , ordinances , votes of parliament from time to time , continuing still in their full legal force : therefore much more valid and binding to us and our posterities , than theirs . ly . that oath , league , was taken , sworn only by the princes themselves , not by the congregation and people of israel , yet they were all obliged by them . our oaths , protestation , league , covenant , have been sworn , taken not only by all our princes , nobles , officers of state , iustices , but likewise by all or most of the commons , & people of the land from time to time , both in and out of parliament : therefore much more obliging to us and ours , than theirs . ly . this oath , league of theirs to the gibeonites , was never taken and entred into for ought appears , but once , and that sodeinly , without any subsequent renovation or ratification ; but our oathes , protestation , league , covenant , have been swore , taken again and again , by all members of parliament , officers of state , iustices , graduates , lawyers , ministers , most souldiers , and others ; upon sundry emergent occasions , both in and out of parliament : therefore much more obligatory to us and our posterities , then theirs . ly . this oath , league , for ought wee read , was not made explicitly in precise terms with the gibeonites , their heirs and posteritie for ever , but only indefinitely , with the gibeonites then in being , whose lives they spared , as the words import ; yet because they were a people , state , citie , body politick , having a permanent succession ; it virtually and intentionally in their own and gods account too , extended not only to the gibeonites then living , but to their succeeding issues in sauls time , near years after , and all succeeding generations ( as q perpetual national leagues use to do , ) but our oaths , league , covenant in direct terms extend not only to our kings to whom they were first made and sworn , but likewise to their heirs , successors , and royal posterity for ever , ( see jac. c. . . jac. c. . jac. c. . eliz. c. . . ) therefore they must needs be more binding to us , our heirs and posterities in present and succeeding generations , than their to the gibeonites . ly . their league , oath , was only with foreign pagans , strangers , who became their mere slaves and bondmen in perpetuitie , and had not the least power , jurisdiction over them ; yet it bound them to strict observation . ours are made , sworn to our own christian , natural kings , princes , soveraigns , of our own flesh , bloud , nation , to whom we are natural borne subjects , and owe all dutifull allegiance by the laws of god , nature , nations ; therefore much more obliging to and most religiously to be kept by us and our posterities after us , than theirs . ly . ( which is most considerable ) this their oath , league , was made with such an idolatrous remnant of the ammonites , as god himself by express precepts had commanded the israelites to make no league , nor covenant with , upon any terms , but utterly to destroy with the edge of the sword without mercie , without saving any of them alive , exod. . . c. . . . deutr. . , , , &c. c. . , , . psal. . . . ) yet notwithstanding having once entred into a league with , and sworn to them in the name of the lord , that they should live , ( though by their own fraud , circumvention , and misinformation ) god was so jealous of his own name , honour , glory , so unwilling that his own people should perjuriously , treacherously , perfidiously break their oathe , covenant sworn in his name , r being the highest , the most sacred inviolable obligations , securities that can be betweene god and men , man and man , nation and nation ; that he would rather have his positive judicial law , ( which ſ some conceive to have a tacit condition in it ) violated and dispensed within this case , ( it being not simplie evil in its own nature to spare the gibeonites upon their submission , but onlie a prohibited evil by particular precepts ) than his name prophaned , dishonoured , religious oaths wittinglie infringed , and perjurie committed by his own people , against his moral law , precept , being sinful , scandalous in their own nature , and of dangerous consequence to all posteritie , if admitted , approved , to encourage them to commit perjurie , and violate all lawfull oaths , covenants , in succeeding ages , to the scandal of religion , and prejudice of mankind . wherefore this oath , league , though against these judicial precepts , not only , firmly bound the princes who made them , and all the congregation in that age , but king saul himself , and all the israelites in succession four hundred years after . of which we have another president of joshuaes and the israelites care to perform their spies oaths made to rahab , and sworn unto her by the lord , to save her , her parents , kindred , and family alive ( though canaanites devoted by god to destruction ) iosh. . , to . compared with c. . , , . heb. . . but our oaths , protestation , league , covenant were all made not to , or with amorites or canaanites particularly deuoted by god to the sword , slaughter , and utter extirpation without any truce or league of peace ; but to and with our own hereditary lawfull christian kings , their heirs , posterities , and successors , whose persons , lives , crowns , rights , and royal authoritie we are all expresly obliged , commanded by god himself , to defend , protect with our own lives , fortunes , estates to the uttermost of our powers , against all attempts , treasons , conspiracies , traytors , and invasions whatsoever . yea precisely prohibited to offer the least violence , injury to their persons , lives , and regal authority , in thought , word , or deed , prov. . , . eccles. . c. . . sam. . , to . c. . , to . sam. . , &c. c. . , , sam. c estch . . . . . c. . rom . , . . pet. . , . tit. . tim . . . john . therefore our oaths , league , covenant , are much more obliging , and conscienciouslie to be observed by us , and our posterities for ever , than theirs to the gibeonites , as the only ready way to our peace and settlement . ly . this league of theirs to the gibeonites was ratified only with one single oath , yet it bound both them and their posterity ; but ours to our kings , their heirs and successors , is ratified with seven successive oaths , protestations , covenants , here recited , besides sundry others of like nature taken by our ancestors in former ages , which i pretermit . therefore much more strong , indissoluble , obliging to us and our posterities than theirs . if a threefold cord be not easily broken , eccles. . . much more then a sevenfold oath successively renued , should not easily or quicklie be broken , but remain inviolable to all posteritie . . the violation of this oath league to the gibeonites by saul , and the israelites near years after its first making , when perchance quite forgotten by them , or conceived to be unbinding to them as gotten by surprise , as not made or taken by themselves , personal to the gibeonites and israelites then living when first made , or at least expired and grown quite out of date by so long a tract of time ; was reputed by god himself a great sinne , perjury in them , and exemplarie punished by god with three years famine on the whole land , though saul and the israelites then living never took this oath , nor made that league themselves , but onlie their ancestors , so long time before their births . therefore our violations of the forecited oaths , protestation , league , covenant , so freshlie made , taken , sworn , subscribed with hands lifted up to heaven , successivelie one after another , by whole parliaments , the generalitie of our nation ; and not onlie by our deceased ancestors , but by our selves in person , and so oft reiterated , yet infringed by us time after time in the highest degree , most needs be a more detestable damnable perjurie , crime , in the eyes of god than theirs , and draw a more long-lasting famine , and other sorer judgements of god upon our particular persons , * families , nation , than that breach of their oath and league with the gibeonites , brought down on them . ly . that oath , league , continued in force to bind the israelites , both to observation and punishment , when violated by king saul and them , after the whole frame of their government was quite changed from a principality or common-wealth ( as most of our present grandees would have it ) into a kingship and kingdom , by the earnest unanimous desire , consent of all the elders of israel , the generality of the people , and by gods own approbation , as is evident by the sam. c. , to c. . josh. . sam. . compared together . therefore our oath , protestation , league , covanant forecited , must by like reason , consequence , much more oblige our whole nation in present and future to our kings , their heirs and successors , notwithstanding all late violent forcible illegal alterations , revolutions of our governments and governours , against the votes of both houses of parliament , the desires of the generality of our three nations , since our laws admit no interregnum nor disseisin of the crown , kingship , kingdom , ( as the statutes of praerogativa regis , iacobi , ch. . cooks rep. f. . and u other lawbooks resolve ) and so our violations of them must be more perjurious , sinfull , and exemplarily punishable , than theirs . . this oath , league with the gibeonites was violated by king saul , only out of zaeel to the children of israel , & iudah , who ( it seems ) solicited him thereunto for their own self-ends or advantage : yet this was no sufficient excuse , nor justification thereof in gods esteem , being punished with exemplarie justice on his posterity , and a three years famine upon all the land . therefore the violation of all our precedent oaths , protestations , covenants , by the army-officers , confederate members , and their adherents ( against the votes of both houses , the dehortations of our ministers , and desires of our three whole kingdoms ) must needs 〈◊〉 a far more detestable crime , and be avenged with a more heavy punishment both on them and us , than theirs was heretofore . . this breach of oath , covenant , notwithstanding all circumstances which might extenuate it , was most exemplary punished , though not on saul the chief offendor during his life , yet upon seven of his sons , and family after his death , in king davids reign , years after this offence committed , and upon the whole nation by a three years famine , though it was never infringed but only by one single act , in slaying some of the gibeonites posterity , and not re-violated by any other subsequent slaughter of them . therfore though many of the grand infringers of the precedent oaths , protestation , covenant , may perchance scape scot-free for a time in their own persons , and die without exemplary justice inflicted on them for it , yet let them from this memorable president conclude for certain , that god will sooner or later avenge it upon their children and posterity to their utter extirpation , ( and on the whole nation too , as he hath done in a great measure already , ) it may be years after the perjuries , treasons , committed in this kind , especially when not committed only once , but perpetrated and acted over sundry times by a continued , uninterrupted succession of new perjuries , treasons , and violations of them in the highest degree from day to day without fear or shame , as exod. . . c . . gen. . , . kings . . kings . . jer. . . c. . . isay . mich. . , , , . jer. . c. . . may assure all our late and present . delinquents in this kind and their posterity , which texts they may do well most seriously to peruse , with bleeding and relenting hearts . . this their violation of their league , oath to the gibeonites was never openly justified , pleaded , written , preached , printed for , nor carried on with solemn fasts and humiliations , ( most * detestable unto god when thus abused ) nor yet solemnly abjured by new contrary oaths or engagements forcibly imposed on all the israelites , by saul and his counsel of state , to extirpate the gibeonites : yet it was thus severely punished by god himself on sauls posterity and the israelites . o then what soarer overflowing , desolating judgements , may our perjurious , fidifragus grandees , saints , nations , most justlie fear and expect will undoubtedly befall themselves , their posterities and our kingdoms , ( now almost ripened for destruction in wise mens apprehensions ) who have not only infringed all our oaths , covenants , protestations , to our lawfull kings , their heirs , successors , and posteritie over & over in the highest degree , but most impudently justified , pleaded , preached , written , for the lawfulness thereof ; yea kept manie hypocritical , atheistical mock-fasts and humiliations , to promote our most detestable perjuries , treacheries , abominations ; and publicklie abjured all our former loyal oaths , protestations , covenants , by new treasonable enforced oaths and engagements , diametrically repugnant to them . certainlie if this breach of oath by saul in slaying the gibeonites could not be expiated , nor the 〈◊〉 years famine inflicted on the whole land for it , removed by all king davids and the israelttes fasts prayers , tears , sacrifices ; till this sin of theirs was particularly be wailed , repented , removed , and full satisfaction made to the murdered gibeonites by david and his people , by delivering up seven of sauls sonnes and posteritie to be hanged up before the lord in gibeah of saul , for this perjurie and bloodshed committed so long before by saul their ancestor , the principal malefactor . we may justlie fear and conclude , that all our prayers , tears , fasts , humiliations , will never expiate the manifold open violations of these our oaths , protestations , leagues , covenants , by the murders of our late king , and manie thousands of our protestant brethren of all sorts for adhering to him , his heirs and posteritie ; the violations of the rights , privileges of parliament , beyond all presidents of former ages ; and securing , secluding the whole peers house , and majoritie of the commons heretofore and now again , and trampling our fundamental laws , liberties , properties , remonstrances , declarations , as well as oaths quite under foot , by new arbitrarie , tyranical acts , impositions , proceedings of all kinds , exceeding the worst of our former kings ; unlesse all these perjuries , treacheries , breaches of oaths , protestations , covenants in this kind be particularly and publickly confessed , bewayled , reformed , repented if not expiated with the like justice and executions upon the persons or sons of some of the most capital delinquents in this kind , to appease gods wrath , and preserve our whole three kingdomes from utter ruin ; our perjuries and breaches of all oaths , faith , trusts , being now so generallie and universally infamous throughout the world , that fides anglica , is become as proverbial as c fides punica , scotica , or hybernica in former ages , to our perpetual infamie : which , if this publication may redresse , reform for the future , i shall bless god for it , and have some hopes of better times , things , then yet we can possibly expect whiles under the guilt , breach of so many contradictory oathes , protestations , leagues , covenants , ingagements . by the antient oath of fealty and allegiance , ( which both the subjects of england , and kings , bishops , nobles , and subjects of scotland , made to the kings of england and their heirs , as supreme lords of scotland , in these words . ) ero fidelis & legalis , fidemque & legalitatem servabo , henrico ( & edwardo ) regi angliae , et haeredibus suis , de vita & membris , & terreno honore , contra omnes qui possa it vivere & mori : et nunquam pro aliquo portabo arma , nec ero in consilio vel auxilio contra eum vel haeredes suos , in aliquo casu qui possit contingere , sed fideliter recognoscam , et fideliter faciam servitia quae pertinent ad tenementum quod de eo tenere clamito , sic me deus adjuvet & omnes sanctos ejus . ( which oath william king of scots and all his nobles swore to king henry the . et haeredibus suis , sicut ligio domino suo : and iohn balliol , iohn comyn with all the nobles of scotland to king edward . and his heirs : anno , , . ) they all in express terms obliged themselves and their heirs , to be true and faithfull subjects to the king and his heirs : which though valid , obligatories in it self to our kings postertie , yet some of our kings in their life-times , made both the scots and english subjects to take a new oath of fealty and allegiance to their heir apparent and his heirs , saving the fealty , homage and allegiance done to themselves . thus c william king of scots with all his nobles , barons , and knights of scotland , did fealty and homage to king henry the . and to henry his son , and his heirs , as to his liege lords , salva fide domini regis patris sui . anno . yea before this , anno . by the commad of king henry the . the archbishops , bishos , abbots , david king of scots , with all the earls and barons of england , swore homage and sealtie to maud his daughter and heir ut filiae suae imperatrici fide servata , regnum angliae haereditario jure post dies suos sibi et haeredibus suis legitime procreatis servarent nisi sobolem virilis sexus ipse rex in posterum procrearet . the persidious violation of which oath by them after king henries death in crowning stephen , brought * exemplary judgements on the wilfull violaters therof , and a bloudy , long-lasting civil warr within the bowels of the realm between maud , her son henry , and the usurper stephen , to the great oppression , devastation , desolation of the publique , & peoples , as our historians observe ; all the good they hoped for by disinheriting maud , and crowning stephen upon their own terms , against his own and their oathes , becomming void and null by his perfidiousness , through divine , justice , which will never permit any good things to spring out of such enormous evils as perjury and treachery ; which produced sundry judgments and civil wars , never ceasing till henry the right heir was restored to the crown by a friendly agreement ; the only probable , speedy way not now to end our present wars , oppressions , distractions , military government , and restore peace , and prosperitie in our nations . after this , an. . upon the dejection of the insolent bishop of ely from his vicegerentship under king richard the first , e all the nobles of england assembling together , swore fealty to richard king of england , and to his heir against all men . the citizens of london swore the like oath ; and that if king richard should die without issue , they would receive earl john his brother for their king and lord , & juraverunt ei fidelitatem contra omnes homines , salva fidelitate regis richardi fratris sui as hoveden relates . in claus. h . m. . dorso , soon after the birth of edward the . son and heir apparent to king henry the third , i find this memorable writ issued to all the sheriffes of england , to summon all persons above . years old , to swear fealty to him , as heir to the king , and to submit themselves faithfully to him as to their liege lord after his death . rex vic. eborum ▪ salutem ; praecipimus tibi quod in fide qua nobis teneris , et sicut teipsum et omnia tua diligis venire facias ad loca certa & ad dies certos , sicut commodius fiery potevit , omnes liberos homines de balliva tua aetatis . annorum et supra , et eos omnes coram te jurare facias ; ita quod haec sit forma juramenti sui , scilicet : quod ipsi salvo homagio et fidelitate nostra , qua nobis tenentur , & cui in vita nostra nullo mode renunciare volumus , fideles eritis edwardo filio nostre primogenito , ita quod side nobis humanitus contigerit , eidem tanquam hearedi nostro et domino suo ligio erunt fideliter intendentes , et eum pro domino suo ligio habentes . et talem circa hoc exhibeas diligentiam , ut inde merito debeatis commendari . teste meipso apud westm. die febr. ann. r. n. . eodem modo scribitur omnibus vicecomitibus : and it appears by dors. . they were summoned and sworn accordingly . f in the parliament of h. . rot . parl. n. . & . the lords spiritual and temporal , and commons , were sworn to bear faith and true allegiance to the king , to the prince , and to his issue , and to every one of his sonnes severally sucéeding to the crown of england ; and that of their own accord . the like oath was taken to the king , queen , prince edward , and the heirs of the kings body in the parliament of h. . rot parl. n. . and to g prince edward son and heir apparent to king edward the th and his heirs , in the parliament of e. . entred in the clause roll of e. . m. . dorso . yet in point of law , conscience , the first oathes of fealty and allegiance to each of these kings his heirs and successors , * obliged all that took them as firmly to their heirs and successors , as their homages made by them to these kings or other lords , ( which extend equally to their heires , and shall not be h reiterated , nor renewed to them upon this account , unless in some special cases ) and binde not only those that took them , but their heirs and posteritie likewise , although they never tooke these oaths themselves , at least to a religious conscientious observation , though not to the actual legal penalties of perjury ; as angelus de clavasio in his summa angelica , tit. juramentum . sect : . . and other canonists distinguish ; and the forecited scriptures infallibly demonstrate ; especially being made for the publick good , peace , settlement . of the kingdom , warranted by the policie , presidents of all ages , prescribed by our lawes , parliaments , for the safetie , securitie , settlement , as well of our religion , church , kingdoms , government , as of our kings and their posterities , and so not o to be violated , through fear , menaces , hopes of worldly gain or preferment , nor dispensed with by any papal or other human power whatsoever ; the i breach of oaths , leagues , covenants , being a grand vickednesse and high prophanation of the truth , faithfulnesse , name , and constancy of god himself , as well as transgression of his law and gospel , deserving the highest temporal and ecclesiastical censures in this world , as well as eternal condemnation in the world to come , ezech. . , to . & jer. . neh . . . . whether the late illegal oaths , ingagements to the new republicans and protectors , enforced on the people against their consciences , without any lawfull parliamentary authority ( which only legally make , prescribe , impose new oaths upon the nation , as the marginal k statutes resolve , past all dispute ) being directly contradictorie to their former lawfull oaths to our kings , their heirs and successors , be not absolutely void in conscience , yea mere prophanings , abuses of gods sacred name ; and if taken out of fear or weaknesse , no wayes to be observed , no more than davids oath , resolution to slay nabal with all his family , sam. . or herods oath to herodias , which he had more justly violated than observed in beheading john the baptist , mat. . , to . or those jews vow , who vowed they would neither eat nor drink till they had killed paul , acts . . &c. which sinful oaths , vows , were no wayes to be observed by shedding innocent blood , as both the fathers , councils , canonists , casuists , and scoolmen resolve , as you may read at large in gratian caus. . quest . . summa angelica , tit. juramentum , sect. . . peter lombard , sent. l. . distinct . & most schoolmen on his text , whose definitive doctrine is this : si quis alicui juraverit contra fidem , charitatem & officium , quod observatū pejorem vergat in exitum , potius est mutandum quam implendum : qui enim sic jurat vehementer peccat , cum autem mutat benèfacit : qui autem non mutat dupliciter peccat ; et quia injuste juravit , et quia facit quod non debet . and l that when a man hath once obliged himself by a legal oath to god and his soveraign , any latter oath repugnant to , or inconsistent with it is unlawfull : upon which account our m lawbooks and laws resolve , that when ever any man swears fealty , or doth homage to his landlord for the lands held of him , it shall be with this special exception , saving the faith which i owe to our lord the king , who is the soveraign lord of all his subjects , principally sworn unto , and to be obeyed in the first place before all or any others . hereupon n walter bishop of exeter , anno e. . for omitting this clause out of the homage he received of his tenants in cornwall , in contemptum domini regis , & ad manifestam , quo ad privilegium ipsius domini regis exhaeredationem , et damnum ipsius domini regis ad valentiam decem mille librarum , he had judgement given against him for it upon an information , and was put to a great fine and ransome for this his transcendent offence . upon this very account honnore bonhor prior of salon , an eminent doctor of the canon law , in his larbre des battailles , ch. , . resolves , out of other doctors , that if the king moves war against any baron of his realme , his tenants and homagers are not bound to assist him in his wars against the king by their homage or fealty , but rather to assist the king against him , because the king is soveraign lord to them both ; and the barons lesser and inferiour dominion , is swallowed up or suspended by the presence of the king , the greater and superior lord ; and because the baron commits both treason and perjury against the king , by violating his homage , in taking up arms against him ; ) whereupon his tenants are not bound to ayd him in his perjury and treason against his soveraign . and ch. , , . he determines , that if a man be a subject to two kings , states , or cities , which afterwards wage war against each other , he is bound to serve the king , state , city in the wars , to which he was first sworn and obliged , because his latter oath and homage to his last soveraign cannot invallid nor discharge his first oath and allegiance to his old one ; much lesse then can these later treasonable oaths , engagements to a new protector or republick , dispence with those antecedent legal oaths , protestation , covenant to our lawfull king and his heirs , nor oblige us in the least degree to fight against or oppose their persons , titles , rights , to perpetuate our wars , miseries , taxes , oppressions , confusions , and prevent our future settlement . let us therefore all now seriously remember , consider in the fear of god , that as all who have been judges , justices , maiors , bayliffs of towns , barresters , benchers , ministers , graduates in vniversities , attorneys , civil or ecclesiastical officers in any kind , members of the commons house , or tenants to the king , before the year . have oft taken the premised oaths of maiors , iustices , fealty , or at lest of supremacy and allegiance ; so all aldermen , governors , assistants , livery men , common counsel-men , and freemen whatsoever of every city , corporation , society , company , fraternity , throughout the realme , have likewise taken another oath beginning thus , you shall swear , to be good and true , or true liegeman to our soveraign lord the kings majesty , and to his heirs and successors . which if they will all now conscienciously verifie and resolutely fulfil to the right heir and successor of the crown , they may soon put a period to all their present oppressions , taxes , excises , arbitrary militiaes , distractions , fears , dangers , under their new aegyptian tax-masters , and make themselves real english freemen , without any new warr , or much feared forein invasion , instead of continuing bondslaves under a misnamed free-state , in which no wise men can yet discern the least shadow of freedom or security , but inovitable desolation in the present posture of its publick affairs , and a necessity of involving himself in the guilt of new oaths , more treasonable than the * bishops late &c. oath , which can neither be imposed , nor administred without danger , and the guilt both of perjury and high treason to the king , kingdom , and parliament , by all our known laws resolution . i shall close up all with this memorable seasonable antient canon , resolution , and anathema of the th . council of tolede in spain anno . can. . as an effectual means ( through gods blessing ) to reclaim us from our former perjuries , treacheries , regends disloyalties to our lawfull kings and their posteritie , to restore them to their hereditarie rights , divert gods heavy judgements from us , to settle us in firm , lasting peace for the future , and restore our pristine tranquility , unity , trade , honour , prosperity so long expected , desired . k multarum gentium ( ut fama est , being then principally intended of the antient l britains , saxons , northumberlanders , exceeding all other nations in perjury , treachery to , rebellions against and murders of their kings , and now exceeded therein by us of this age ) tanta extat perfidia animorum , ut fidem sacramento promissam regibus suis observare contemnant , et ore simulant iuramenti professionem , dum retinent mente perfidiae impietatem . iurant enim regibus suis , et fidem , quam pollicentur , praevaricantur ; nec metuunt volumen illud judicii dei , per quod inducitur maledictio , multaque poenarum comminatio super cos , qui jurant in nomine dei mendaciter . quae ergò spes talibus populis , contra hostes laborantes , erit ? quae fides ultra cum aliis gentibus in pace credenda ? quod foedus non violandum ? quae in hostibus jurata sponsio stabilis permanebit , quando ipsis propriis regibus juratam fidem non servant ? quisenim adeò furiosus est , qui caput suum manu sua propria desecet ? illi ( ut notum est ) immemores salutis suae , propria manu seipsos interimunt , in semetipsos suosque reges proprias convertendo vires . et cum dominus dicat , nolite tangere christos meos , & david : quis inquit , extendet manum suam in christum domini , & innocens erit ? illis nec vitare metus ett perjurium , nec regibus inferre exitimn . hostibus quippe fides pacti datur , nec violatur . quod si in bello sides valeat , quanto magis in suis servanda est ? sacrilegium quippe est si violetur a gentibus regum suorum promissa fides , quia non solum in eos sit pacti transgressio , sed et in deum , in sujus nomine pollicetur ipsa promissio . indè est , quod multa regna terrarum , caelestis iracundia ità permutavit ; ut pro impietate fidei et morum , alterum ab altero solveretur . unde & nos cavere oportet , casum hujusmodi gentium , nè similiter plaga seriamur praecipiti , et poena puniamur crudeli . si enim deus angells in se praevaricantibus non pepercit , qui per inobedientiam coeleste habitaculum perdiderunt ; unde & per esaiam dicit : inebriatus est gladius meus in coelo : quantò magis nos nostrae salutis interitum timere debemus , nè per infidelitatem eodem saeviente dei gladio pereamus ? quòd , si divinam iracundiam vitare volumus , et severitatem ejue ad clementiam provocare cupimus , servemus erga deum religionis cultum , atque timorem , custodiamus erga principes nostros pollicitam fidem atque sponsionem . non sit in nobis , ut in quibusdam gentibus , infidelitatis subtilitas impia , non subdolae mentis perfidia , non perjurii nesas , et conjurationum nefanda molimina . nullus apud nos praesumptione regnum arripiat , nullus excitet mutuas seditiones civium , nemo meditetur interitus regum ; sed , desuncto in pace principe , primates gentis cum sacerdotibus ( filium ejus ) soccessorem regni constlio communi constituant , ut dum unitatis concordia à nobis retinetur , nullum patr●●e gentisque dissidium , per vim atque ambitum moliatur . quòd si haec admonitio mentes nostras non corrigit , et a● salutem communem cor nostrum nequaquàm perducit , audi sententiam nostram . quicunque ergò ex nobis , vel totius hispaniae populis , qualibet conjuratione vel studio sacramentum fidel suae , quod pro patriae gentisque gotthorum 〈◊〉 , vel conservatione regiae salutis pollicitus est temeraverit aut regem nece attrectaverit aut potestate regni exuerit , aut praesumptione tyrannica regni fastigium usurpaverit . anathema sic in con●pectu dei patris , et angelorum , christi , 〈◊〉 apostolorum ejus , spiritus sancti et martyrum christi , atque ab ecclesia catholica , quam perjurio prophanaverit , efficiatur extraneus , & ab omni caetu christianorum alienus , cum omnibus impietatis suae sociis , quia oportet , ut una poena teneat obnoxios , quos similis error invenerit implicatos . quod iterum , secundo , et tertio , replicamus et acclamamus . qui contra hanc nostram definitionem praesumpserint , anathema , maranatha ; hoc est , perditio in adventu domini sint , et cum juda scarioth partem habeant ipsi & socii sui , et cum diabolo et angelis ejus aeternis suppliciis condemnantur amen , finis . a postscript . many are the presidents of gods severe personal and national judgements inflicted upon perfideous perjurious infringers of their oaths and covenants to their lawfull soveraigns and their heirs , a both at home and abroad : for domestique presidents of this nature , i haue presented you with some signal ones , in the second part of my legal and historical vindication of the fundamental liberties , rights and laws of england , london . p. to , , , , , , , to , , . & part . p. . , , , , , , , , , , , , to , , to , , to , , , . , , , , to , , to . before the conquest . the like presidents since , you may peruse in henrici huntindonensis , hist. l. . p. , , . regeri de hoveden annalium pars prior , p. . holinshed , vol. . p. . and doctor beards theatre of gods iudgements , book . ch. . i shall instance only in two remarkable forein examples of this kind . the first is in the usurping b-c emperour rodulph , duke of swethland . pope hildebrand , antichristanly excommunicating his soveraign , the emperour henry the fourth , and absolving his subjects from their allegiance to him , profered the empire to this duke rodulph : who remembring his oath of allegiance sworn by him to this emperor , and how vile a part it would be for him to betray or supplant him he had sworn to obey and defend , at first refused the popes offer ; yet afterwards by the sophystry and perswasion of some bishops , he accepted and took upon him the title of emperour , opposing his liege lord henry in four several battels fought between them for the empire ; in the last whereof being vanquished , he was sore wounded , and lost his right hand . when he was readie to die of his wounds , one brought his right hand cut off in the battel unto him , which he beholding with much regret , in detestation of his perjury , and treachery through the popes violence , brake forth into these memorable words in the presence of many bishops who had perswaded him to this rebellion . behold here the right hand wherewith i swore faith and allegiance to my liege lord the emperor henry : this will be an argument of my breach of faith before god , and of your trayterous impulsion and advice thereunto . which having uttered , he immediately expired of his wounds in a kinde of despairing manner , as the just punishment of his perjury and treachery by his own confession ; magnumque mundo documentum datum est , ut nemo contra dominum suum censurgat nam * abscissa rudolphi dextera dignissimam perjurii vindictam demonstravit , qui fidem domino suo regi juratam violare non timuit , et tanquam alia vulnera non sufficerent , ad mortem accessit etiam hujus membri poena , ut per poenam agnosceretur et culpa : as an c historian of that age observes in the life of henry the th . let those perjurious perfidious army-saints and other grandees who have taken , subscribed the precedent oathes , protestation , league covenant , with hands layd upon the bible , and lifted up to the most high god ; and yet have since taken , subscribed with the self-same hands , an oath and ingagement diametrically contrary thereunto , to the destruction of our kings , kingdoms , parliaments and their privileges ; and are still stretching out their perjured hands against the lawfull heir and successor to the crown , remember this sad president of rodulph with fear and trembling . to which i shall annex another sadder and more tragicall spectacle , never to be forgotten ; d vladislaus king of hungary , having made a truce with amurath the . ( the sixt king of the turkes ) which he sealed and swore unto in the name of christ : by the command of pope eugenius , and perswasions of his legat , cardinal julian and other prelates , who absolved him from this oath , he violated it in a most perfidious manner , and soon after taking amurath unprovided to fight , gave him battle at varna with a puissant army , and was likely to rout him upon the first encounter . upon which occasion amurath being in extream fear and danger , beholding the crucifix in the displayed ensigns of the christians , pluckt the writing out of his bosome wherein the league was comprised , and holding it in his hands with his eyes cast up to heaven , used these words . behold thou crucified christ , this is the league thy christians in thy name have made with , and sworn to me ; which yet they have without any cause on my part , violated ; now if thou be a god , as they say thou art , and as we dream , revenge the wrong now done unto thy name and me , and shew thy power upon thy perjurious people , who in their deeds deny thee to be their god . upon the uttering of which words , the battel presently turned , huniades , that valiant general and the hungarians fled , the whole army was routed , many thousands of them slain , and taken prisoners ; perjured king vladislaus , cardinal julian , with most of the prelates and nobles who perswaded him to this breach of faith slain in the field ; the greatest part of hungary overrun , gained , and ever since possessed by the turks , vdalislaus his head cut off in the battel , after was fixed on a poll , carried through grecia and asia in triumph , and shewed to the people as a monument of gods justice on him for his perjury . and will not the blood of our beheaded king , the disinheriting of his heir and successor , the abjuration of kingship it self , & the house of lord , the subvertion of all the rights , freedoms , privileges of parliament , by those in late and present power , against all the premised oaths , protestations , solemn league and covenant , sworn by them in the name , presence of god himself , and the lord jesus christ , with hands laid on the evangelists , and listed up to heaven , and then subscribed for a perpetual memorial ; cry aloud to god and christ for the like avenging justice from heaven against the perjurious infringers of them in a far higher degre than vladislaus was guilty of , if spread and held up before them by the disinherited king and lords ? no doubt it will in gods due time , if not speedily , really and deeply bewailed repented of , by a plenarie satisfaction and restitution : and cause god to shake out every man ( and his posterity too ) from his house , and from his labour , and empty him and his of all present honours and enjoyments , ( as nehemiah shaked and emptied his lap , ) that performeth not these oaths , protestation , league , covenant , to which he and all the congregation have said amen , neh. . , . since the e very pagan graecians , and romanes insinuated as much in the ceremonies of their sacred oaths , wherein they prayed , that if they did not faithfully observe them without guile , that jove and the other gods would smite and slay them as they did the lamb they then sacrificed to them , and that they might be cast out and perish like the stone they threw out of their hands when they swore ; the religion of an oath , being so great amongst the very heathens , that they thought all human society abolished with its violation , and those persons unworthy to live or breath amongst men , who durst presume to infringe it , though to their losse and prejudice . and shall they not condemn us christians , and those most refined saints of this age , who like the perfidious atheistecal f carthagenians , thessalonians , and parthians , regard neither god , nor altars , nor covenants , nor oaths , no farther than they serve their turnes to cheat and circumvent men ; to whom profit is more sacred than faith or oaths ? no doubt they will . ezech. . , , , . seeing he despised the oath by breaking the covenant , ( when lo , he had given his hand ) and hath done all these things , he shall not escape . therefore thus saith the lord god , as i live , surely mine oath that he hath despised , and my covenant which he hath broken , even it will i recompence upon his own head . and i will spread my net upon him , and he shall be taken in my snare , and i will bring him to babilon , and will plead with him there , for his trespasses that he hath trespassed against me . and all his fugitives , with all his bands shall fall by the sword , and they that remain shall be scattered towards all windes ; and ye shall know , that i the lord have spoken it . finis . errata . p. . l. . . r. . p. . l. . justification , r. prevarication . p. . l. . meetings , r. mutinies . margin . p. . l. . r. sacramenti . notes, typically marginal, from the original text notes for div a e- a bracton , l. . tract. . c. . britton c. . lambardi , archaion , ll. edwardi confessoris lex , . spelmanni glossarum , p. , . cook rep● calvins case . instit. f. , , , . tottles magna charta . f. . kitt . f. . exact collection ▪ p. . joh. seldeni , ad eadmerum notae , p. , . * see gratian caus. . ●u . . de forma fidelitatis . b tottles magna charta , f. . iuramentum majorum & ballivorum . c tottles magna charta , f. , . claus. e. . dors . . kitchin , f. . . d e. . stat . . e. . c. , . claus. ● e. . pars . do s . . r. . rot. parl. n. , , , . rastall iustices , rot. parl. e. . n. . cooks instit. p. . c see exact collection , p. , , , , , , , , , , , , , , . * and have they not been so more since and now , then ever before ? * as since and now , by doubled illegal taxes , excises , high courts of justice , arbitrary junctoes , and their new knacks . * new quite sold and consumed . * have they not since that in . and now again effected it ? f a collection of ordinances , p , , , , , , , to . , . . . . . , . . , . , , , , , . quaere , whether this be not violated in every branch in the highest degree ? g exact collelection , p. . exact abridgement of the records in the tower , p. . . . see oath in the table . h see my true and perfect narrative , p. to . . i the true state of the case of the common-wealth , p. , . ‖ juramenta illicita , jurari . et jurata servari non debent . gratian causa . qu. . throughout . i st. aug. de verbis apostoli . serm. . gratian . caus. . qu. , , . grotius de jure belli & pacis , l. . c. . jusjurandum habetur apud omnes ultimum atque firmissimum & fidei mutuae & veracitatis pignus . procopius persi● corum . l. . ultima fides inter homines tum g●a●cos , tum barbaro , quam nulla delebit aetas , est ea quam per jurata pacta sponseres adh●bet deos. dionys . hallicarnast . antiqu. rom. nullum vinculum ad adstringendam fidem , majores nest●i juramento arctius esse voluerunt . cice●● offic. l. . k s. augustin , gratian , & grotius : ibidem . caelius rhodiginus lectionum antiq. l. . c , , * qui perjurare compellit et qui compellitur utrique sunt perjuri & homicidae : dominus quia praecepit , miles quia plus dominum quam deum & animam suam dilexit . gratian causa , . qu. . augustin , serm. . de verbis apostoli . * see vegetius de re militari , . . alexander ab alexandero . genial dierum , l. . c. . l c. . calvini lexicon juridicum : tit. juramentum militare , fr. connanus , l. . c. . grotius de jure belli , l. . c. . * see levit. . . * littleson , firzh . brook , ash , tit. warranty , covenant , obligation , condition , tenure . m prov. . . . rom. . . , , . tim . , . pet. . . . n my true & perfect narrative , p. . * jesus pacem quam dederat revocandam non censuit , quia firmata erat sacramenti religione , ne dum alienam perfidiam arguit , suam fidem solveret . ambrosius de officiis , l. . c. . * archbishop vshers annal. vet. testamenti , anno . . . * see jac. c. . car. c. . & here , p. . q kings . . cook instit. c. . p. , . ii. . rot. parl. n. . ● e. . . see br. & fith . tit. corporation , abbie , cooks instit. f. . . , . grotius de jute delli , l. . c. . sect. . . see magna charta the prologue , and cap. ult. r hebr. . , , . grotius de'jure belll . ſ grotius de jure belli , l. . c . §. . . * vastat stirpemque , domumque , herodotus , lib. . u see 〈…〉 b●ook , ash . title intrusion , prerogative . * isay . , . . &c. c. 〈◊〉 ● . to c. ● . . prov. . . c erasmi a dagia . walsingham hist. ang. antiquit. eccl. brittan . p. , . giraldus cambrenfis typographiae hyberniae , c. , , . roger de hoveden , annal. pars porior , p. , tho , walsingham hist. angliae , p. . , . mat. westm. anno , , . c hoveden , p. , , , , hovenden annal. pars posterior , p. . simeon dunclmensis hist , col . . radulphus de diceto abbrev . chron col . . chronicon johan . bromoton . col . . henry de knyghton de eventibus angliae l. . c. . gul. nubrigensis , hist. l. c. . . , a. mart. paris , mat. westminister , holinshed , caxton , fabian , speed , in the live of h. . stephen , & h. . * holinshed , vol. . p. . e hoveden annal. pars posterior , p. . . f exact a. bridgement of the records in the tower , p. , . . . g the first part of my register of parliamentary writs , p. , . * h. . c. . h. . c. . h littleton , sect. , . britton f. , . cookes instit. f. , . i see aug. serm. . gratian causa . q . summa angelica , tit. juramentum & perjurium . bochellus decreta eccles. galli . canae , lib. . tit. . de jurejurando & perjurio . chrysostom homil. in mat. & hom. . in acta apost. dr beards theatre of gods judgements , l. . c. cooks instit , . c . k mag. charta c. . h. . stat. of the eschequer , h. . c. . e. . c. . . e. . c. . e. . stat. . c. , e. . c. . e. . stat . . e. . c. , . r. . c. . e. . par. . c. . . . . . r. . c. . , . r. . c. . r. . c. . r. . c. . r. . c. . h. . c. . . . . h. . c. . , . h. . c. . . h. . c. . h. c. . . h. . c. . h. . c. . h. . c. . . e. . c. . e. . c. . e. . c. . e. . c. , . e. . c. . r. . c. . h. . c. ● . ● h. c. . h. . c. . . & h. . c. . h. . c. . & h. . c. . h. . c. . h. . c. . h. . c. . . . h. . c. . h. . c . . h. . c. . h . c. . e. . c. . eliz. c. . eliz. c. , eliz. c. . ● eliz. c. . eliz. c. . jac. c. . jac. c. , . jac. c. . . jac. c. . , . the petition of right car. car. c. . car. c. . car. c. . l summa angelica . juramentum . sect. . m glanvil l. , c. . mirrour . c. . bracton , f. , . britton , f. , . littleton , sect. . cook instit. f . . spelmanni glossarium , p. , , . n cooks instit. f. . * see cooks instit. cap. . . capterburies doom , p. . . . k surius concil. l. . p , . see king james his apoligy for the oath of allegiance . l gildas de excidio & conquestu britanniae concil. c. calcuth , spelmanni concil. p. , . malmesburi de gestis reg. l. . c. . p. , . mat. westm. anno . notes for div a e- a see huntindon hist. l. . p. , . hoveden annal pars prior , p. . b-c ca●onis chronicon . grimstons imperial history , in the life of rodulph . dr. beards theatre of gods judgements , l. . c. , p. henrici mutii chronicon germaniae , l. . * the right hand of a perjured person was to be cut off by sundry laws : constitutionum sicularum l. . tit. . capit. caroli magni , l. . tit. . legis longobardorum , l. tit. . c germaniae historiarum tom. . francofurti . p. . d aeneae picolominei cardinalis status europae sub frederico . c. . knolls turkish history , p. , . e titus livius hist. l. . & . caelius rhodiginus . antiqu. lect. l. . c. . alexander ab alexandro , gen. dierum l. . c. . grotius de jure belli . l. . c. . f alexander ab alexandro l. . c. . by the king, a proclamation against the spoyling and loosing of armes by the souldiers of his majesties army, for the keeping of them fixt, and bringing all armes hereafter into his majesties magazines england and wales. sovereign ( - : charles i) this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing c ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing c estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) by the king, a proclamation against the spoyling and loosing of armes by the souldiers of his majesties army, for the keeping of them fixt, and bringing all armes hereafter into his majesties magazines england and wales. sovereign ( - : charles i) charles i, king of england, - . broadside. by leonard lichfield ..., printed at oxford : . "given at our court at oxford this tenth day of march, in the eighteenth yeare of our reigne." reproduction of original in the bodleian library. eng great britain -- history -- civil war, - . great britain -- politics and government -- - . a r (wing c ). civilwar no by the king. a proclamation against the spoyling and loosing of armes by the souldiers of his majesties army, for the keeping of them fixt, england and wales. sovereign a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion c r honi soit qvi mal y pense royal blazon or coat of arms by the king . ❧ a proclamation against the spoyling and loosing of arm 's by the souldiers of his majesties army , for the keeping of them fixt , and bringing all armes hereafter into his majesties magazines . whereas we have not received that satisfaction we expected ( notwithstanding our many proclamations and orders made for the government of our army , and particularly against the loosing , selling away , and spoyling of our armes , by the common-souldiers , and for the keeping them fixt ) but on the contrary finding those abuses and neglects still to continue , and encrease ; we are therefore once more enforced , and doe hereby straitly require and command all colonells , lieutenant-colonells , serjeant-majors , captains , and other officers of our army , whom it may concerne , forthwith , or within four daies after the publication hereof , to returne to us , our councell of warre , or to the serjeant-major-generall of our army , a true accompt of the number and quantity of armes in each company and regiment of our army attested by the colonell , lieutenant-colonell , serjeant-major , or captain of each company , and if any armes , shall hence forward be found unfixt , by the negligence of the souldier , the reparation thereof shall be made good out of his or their entertainments , and this course we will constantly to be continued and put in practice , the care and oversight whereof to be committed to the respective quartermaster of each regiment ( or some other fit person appointed by the colonell ) whom we command , once in fourteen daies , to take a view of all the armes of the regiment , and to see our commands therein fully obeyed ; and for the more speedy execution thereof , our will is , that each colonell make choyce of two able gunsmiths to be imployed therein , on whom we intend to settle an allowance fitting for the same . and to the end the losse of armes may not be so frequent ( to the prejudice of our service ) as formerly , our farther pleasure is , that each captain upon the returne of the certificate of the number & quantity of the armes of his company , stand charged to us by indenture ( in the office of our ordinance ) for such numbers certified , which armes are to be made good out of his entertainment , if hereafter they shall be wilfully or negligently made away by his souldiers . lastly , our will and command is , that all armes bought , or provided by us , or by any person for our service , as likewise all armes borrowed in any counties hereafter , or taken from the rebells , or persons disaffected to our service , be first brought into our magazines , and from thence , as we shall direct , be destributed , and given out for our service . to our pleasure herein declared , we require full and speedy obedience to be given by all officers and souldiers of our army , and that it may be the more fully put in execution , our farther pleasure & command is , that this be read within foure daies after the publication , at the head of every regiment and company , that so all our officers and souldiers , whom it may concerne , may take notice of it , and observe the same , as they and every of them will avoyd our high displeasure for their neglect , of any the least particular herein mentioned . given at our court at oxford , this tenth day of march , in the eighteenth yeare of our raigne . god save the king . printed at oxford by leonard lichfield , printer of the university . . a speech lately made by a noble peer of the realm shaftesbury, anthony ashley cooper, earl of, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing s estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a speech lately made by a noble peer of the realm shaftesbury, anthony ashley cooper, earl of, - . [ ] p. printed for f.s. at the elephant and castle near the royal exchange in cornhil, london : [ ]. a reply to remarks offered by several lords to a speech previously made by lord shaftesbury in debate on the king's speech. caption title. attributed to the earl of shaftesbury. cf. nuc pre- . imprint from colophon; complete date of publication from other copy. imperfect: cropped, with loss of text and part of imprint date. reproduction of original in yale university library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng great britain -- politics and government -- - -- sources. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - judith siefring sampled and proofread - judith siefring text and markup reviewed and edited - pfs batch review (qc) and xml conversion a speech lately made by a noble peer of the realm . my lord , in this great debate concerning the king's speech , the sad state and condition we are in , and the remedies thereof ; i have offered you my opinion , and many lords have spoken admirable well to it , with great freedom and plainness , as the case requires . give me leave to offer you some few words , in answer to two or three of my lords of the earls bench , that have maintained the contrary opinion . my lord , near me , hath told your lordships , that the president of hen. the . that i offered to you ( who was a wise and magnanimous prince ; and yet upon the address of his parliament , put away a great part of his family , and councils at one time , ) is no proper instance , because he was an usurper , had an ill title , and was bound to please the people . my lords , i meddle not with his title . i am sure our king hath a very undoubted one ; but this my lord must allow , that that wise prince having need of the people , knew no better way to please them , and to create a good intelligence between them and him , than to put a way those from court and council that were unacceptable to them . if our king hath the same necessity to please the people , ( though for other reasons than want of a title ; ) yet i am sure the president holds , that a wise prince , when he hath need of his people , will rather part with his family and counsellors , than displease them . my lords , this noble lord near me , hath found fault with that president , that he supposes i offered your lordships concerning the chergeable ladies at court ; but i remember no such thing , i said ; but if i must speak of them , i shall say as the prophet did to king saul , what means the bleating of this kind of cattel ? and i hope the king will make me the same answer , that he reserves them for sacrifice , and means to deliver them up to please his people , for there must be , ( in plain english ) my lords , a change ; we must neither have popish wife , nor popish favourite , nor popish mistriss , nor popish counsellor at court , or any new convert . what i spoke was about another lady that belongs not to the court , but like simpronia in catalines conspiracy , does more mischief than cethegus . in this time of distress , i could humbly advise our prince would take the same course that the duke of savoy did , to suffer neither strangers nor embassadors to stay above some few weeks in his country ; for all the strangers and embassadors here , have served the plot , and design against us ; i am sure they have no tye to be for us . but my lords , what i rose up to speak , was more especially to my lord of the earls bench , that spoke last , and sits behind me : who , as he hath the greatest influence in our present councils , so he hath let fall to you the very root of the matter , and the hinges upon which all turns ; he tells you that the house of commons have lately made offers to the king , and he wonders we do not expect the kings answer to them , before we enter into so hot and high debates . he tells you , if the king be assured of supplies we cannot doubt of his complyance in this and all we can ask ; for otherwise the king should fall into that that is the worst condition of a prince , to have his people have no confidence in him . my lords , this is that i know they put the king upon , and this is that we must be ruined by , if we may not with freedom and plainness open our case . my lords , 't is a very hard thing to say that we cannot trust the king ; and that we have already been deceived so often , that we see plainly the apprehensions of discontent in the people , is no argument at court. and though our prince be in himself an excellent person , that the people have the greatest inclinations imaginable to love ; yet we must say he is such an one , as no story affords us a parallel of : how plain and how many are the proofs of the design to murther him ? how little is he apprehensive of it ? the transactions between him and his brother are admirable , and incomprehensible ; his brother designs being early known , to aim at the crown , before his majesties restauration to this kingdom . this match with a portugal lady , not like to have children , contrived by the dukes father-in-law ; and no sooner effected but the duke and his party make proclamation to the world , that we are like to have no children , that he must be the certain heir . he takes his seat in parliament as prince of wales , his guards about him ; the princes lodgings at whitehall , his guards upon the same floor , without any interposition between him and the king ; so that the king was in his hands , and in his power every night : all offices and preferments being bestowed by him , not a bishop made without him . this prince changes his religion to make himself a party , and such a party that his brother must be sure to dye and be made away , to make room for him , nothing could preserve him , but that which i hope he will never do , give greater earnest to that wicked party than his brother could ; and after all , this plot breaks out , plainly headed by the duke , his interest and his design . how the king hath behaved himself ever since the breaking ou● of it , the world knows ; we have expected every hour that the court should joyn with the duke against us : and it is evident more hath been done to make the plot a presbyterian plot , than to discover it . the prorogations , the dissolutions , the cutting short of parliaments , not suffering them to have time or opportunity to lo●k into any thing , hath shew'd what reason we have to have confidence in this court. we are now come to a parliament again , by what fate or what council , for my part i cannot guess ; neither do i understand the r●ddle of it . the duke is quitted and sent away ; the house of commons have brought up a bill to disable him of the crown ; and i think they are so far extreamly in the right ; but your lordships are wiser than they , and have rejected it ; yet you have thought fit , and the king himself hath made the proposition , to make such expedients as shall render him but a nominal prince . in the mean while where 's this duke , that the king and both houses have declared unanimously thus dangerous ? why he is in scotland raising of forces upon the terra firma , that can enter dry foot upon us , without hazard of winds or seas , the very place he should be in to raise a party there , to be ready when from hence he shall have notice : so that this being the case , where is the trust ? we all think the business is so ripe , that they have the garrisons , the arms , the amunition , the seas and souliery all in their hands ; they want but one good summe of money to set up , and crown the work , and then they shall have no more need of the people ; and i believe whether they are pleased or no will be no great trouble to them . my lords , i hear of a bargain in the house of commons , and an address made to the king but this i know , and must boldly say it and plainly , that the nation is betray'd if upon any terms we part with our money till we are sure the king is ours ; have what laws you will , and what conditions you will , they will be of no use but wast paper before easter , if the court have money to set up for popery and arbitrary designs in the mean while . on the other hand give me leave to tell you my lords , the king hath no reason to distrust his people ; no man can go home and say , that if the king comply with his people they will do nothing for him , but ●are all up from him ; we want a government and we want a prince that we may trust , even with the spending of half our annual revennues , for some time , for the preservation of these nations . the growing greatness of the french can not be stopt with a little expence , nor without a real and hearty vnion of the king and his people . it was never known in england that our princes wanted supplies either for their forreign designs , or for their pleasures ; nothing ever shut the english purses but the fears of having their money used against them . the hour that the king shall satisfie the people , that what we give is not to make us slaves and papists , he may have what he will , and this your lordships know and all mankind that know us : therefore let me plainly tell your lordships , the arguments that the present ministers use , is to destroy the king and not preserve him : for if the king will first see what we will do for him , it is impossible if we are in our sen●es we should do any thing . but if he will first shew that he is intirely ours , that he weds the interest and the religion of the nation , 't is impossible he should want any thing that we can give . but i see how the argument will be us'd : sir , they will do nothing for you , what should you do with these men ? but on the other hand i am bold to say . sir , you may have any thing of this parliament ; put away these men , change your principles , change your court , and be your self ; for the king himself may have any thing of us . my lords , if i have been too plain , i beg your pardon ; i thought it was the duty of an english nobleman at this time to speak plain or never . i am sure i mean well : and if any man can answer or oppose reason to what i say , i beg they would do it ; for i do not desire or propose any question . i beg this debate may last for some dayes , and that we may go to the bottom of the matter , and see if these things are so or no , and what cur● there is of the evil we are in ; and then th● result of your debates may produce som● proper question . however , we know who hears , and i am glad of this , that your lordships have dealt s● honourably and so clearly in the kings presenc● and in the kings hearing , that he cannot say h● wants a right state of thsngs ; he hath it befor● him , and may take councel as he thinks fit . london , printed for f. s. at the elephant and castle near the royal exchange in cornhil , ● by the king, a proclamation of pardon proclamations. - - england and wales. sovereign ( - : james ii) approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing j estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) by the king, a proclamation of pardon proclamations. - - england and wales. sovereign ( - : james ii) sheet ([ ] p.) printed by charles bill, henry hills, and thomas newcomb, printers to the kings most excellent majesty, london : . "given at our court at salisbury the th day of november . in the fourth year of our reign". offering a pardon to those who have joined the prince of orange. steele notation: arms ; up orange li-. reproduction of original in the folger shakespeare library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng pardon -- england -- early works to . great britain -- politics and government -- - -- early works to . great britain -- history -- james ii, - -- early works to . broadsides -- england - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - elspeth healey sampled and proofread - elspeth healey text and markup reviewed and edited - pfs batch review (qc) and xml conversion by the king , a proclamation of pardon . james r. forasmuch as several of our subjects have been seduced to take up arms , and contrary to the laws of god and man , to joyn themselves with foreigners and strangers , in a most vnnatural invasion upon vs , and this their native country , many of whom we are perswaded have been wrought upon by false suggestions and misrepresentations made by our enemies : and we desiring ( as far as is possible ) to reduce our said subjects to duty and obedience by acts of clemency , at least resolving to leave all such as shall persist in so wicked an enterprize , without excuse , do therefore promise , grant and declare , and by this our royal proclamation publish our free and absolute pardon , to all our subjects who have taken up arms , and joyned with the prince of orange and his adherents , in the present invasion of this our kingdom , provided they quit and desert our said enemies , and within the space of twenty days from the date of this our royal proclamation , render themselves to some one of our officers civil or military , and do not again , after they have rendered themselves as aforesaid , return to our enemies , or be any way aiding or assisting to them : and they who refuse or neglect to lay hold of this our free and gracious offer , must never expect our pardon hereafter , but will be wholly and justly excluded of and from all hopes thereof . and lastly , we also promise and grant our pardon and protection to all such foreigners as do or shall come over to vs , whom we will either entertain in our service , or otherwise grant them ( if they shall desire it ) freedom of passage , and liberty to return to the respective countries from whence they came . given at our court at salisbury the th day of november . in the fourth year of our reign . god save the king. london , printed by charles bill , henry hills , and thomas newcomb , printers to the kings most excellent majesty . . a just and modest vindication of the proceedings of the two last parliaments jones, william, sir, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing f estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a just and modest vindication of the proceedings of the two last parliaments jones, william, sir, - . ferguson, robert, d. . p. s.n., [london : ] caption title. written by sir william jones. cf. dnb. also attributed to robert ferguson. cf. halkett & laing. imprint from wing. reproduction of original in bodleian library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng great britain -- politics and government -- - . - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - judith siefring sampled and proofread - judith siefring text and markup reviewed and edited - pfs batch review (qc) and xml conversion a just and modest vindication of the proceedings of the two last parliaments , the amazement which seiz'd every good man , upon the unlook'd for dissolution of two parliaments within three moneths , was not greater than at the sight of a declaration pretending to justifie , and give reasons , for such extraordinary proceedings . it is not to be denyed but that our kings have in a great measure been intrusted with the power of calling & declaring the dissolutions of parliaments . but least through defect of age , experience , or understanding , they should at any time forget , or mistake our constitution ; or by-passion , private interest , or the influence of ill counsellors , be so far misled as not to assemble parliaments , when the publick affairs require it ; or to declare them dissolved before the ends of their meeting were accomplished : the wisdom of our ancestors has provided , by divers statutes ; both for the holding of parliaments annually , and that they should not be prorogued or dissolved till all the petitions , & bills before them were answered and redressed . the constitution had been equally imperfect and destructive of it self , had it been left to the choice of the prince , whether he would ever summon a parliament , or put into his power to dismiss them arbitrarily at his pleasure . that parliaments should thus meet , and thus sit , is secured to us by the same sacred tye , by which the king at his coronation does oblige himself , to let his judges sit to distribute justice every term , and to preserve inviolably all other rights and liberties of his subjects . therefore abruptly to dissolve parliaments at such a time , when nothing but the legislative power , and the united wisdom of the kingdom could relieve us from our just fears , or secure us from our certain dangers ▪ is very unsuitable to the great trust reposed in the prince , and seems to express but little of that affection which we will always hope his majesty bears towards his people & the protestant religion . but 't is not onely of the dissolution it self that we complain . the manner of doing it , is unwarranted by the precedents of former times , & full of dangerous consequents . we are taught by the writ of summons , that parliaments are never called without the advice of the council , and the usage of all ages has been never to send them away without the same advice . to forsake this safe method is to expose the king personally to the reflections and censures of the whole nation for so ungrateful an action . our laws have taken care to make the king always dear to his people , and to preserve his person sacred in their esteem , by wisely preventing him from appearing as author of any thing which may be unacceptable to them . 't is therefore that he doth not execute any considerable act of regal power , till it be first debated and resolved in council , because then 't is the counsellors must answer for the advice they give , and are punishable for such orders as are irregular and illegal . nor can his ministers justifie any unlawful action under the color of the ks. commands , since all his commands that are contrary to law , are void ; ( which is the true reason of that well known maxim , that the king can do no wrong . ) a maxim just in it self and alike safe for the prince , and for the subject , there being nothing more absurd , then that a favorite should excuse his enormous actings by a pretended command , which we may reasonably suppose he first procured to be laid upon himself . but we know not whom to charge with advising this last dissolution : it was a work of darkness , and if we are not misinform'd , the privy council was as much surpriz'd at it as the nation . nor will a future parliament be able to charge any body as the author or adviser of the late printed paper , which bears the title of his majesties declaration , though every good subject ought to be careful how he calls it so . for his majesty never speaks to his people as a king , but either personally in his parliament , or at other times under his seal , for which the chancellor or other officers are responsible , if what passes them be not warranted by law. nor can the direction of the privy council enforce any thing upon the people unless that royal and legal stamp gives it an authority . but this declaration comes abroad without any such sanction , and there is no other ground to ascribe it to his majesty , than the uncertain credit of the printer , whom we will easily suspect of an imposture , rather than think the king would deviate from the approved course of h●s illustrious ancestors , to pu●sue a new and unsuccessful method . the first declaration of this sort , which i ever met with , being that which was published in the year , . which was so far from answering the ends of its coming out , that it fill'd the whole kingdom with jealousies , and was one of the first sad causes of the ensuing unhappy war. the truth is , declarations to justifie what princes do , must always be either needless or ineffectual . their actions ought to be such as may recommend themselves to the world , and carry their own evidence along with them of their usefulness to the publick , and then no arts to justifie them will be necessary . when a prince descends so low as to give his subjects reasons for what he has done , he not only makes them judges whether there be any weight in those reasons , but by so unusual a submission gives cause to suspect , that he is conscious to himself that his actions want an apology . and if they are indeed unjustifiable , if they are opposite to the inclinations , & apparently destructive of the interests of his subjects , it will be very difficult for the most eloquent or insinuating declaration , to make them in love with such things . and therefore they did certainly undertake no easie task in pretending to perswade men who see themselves exposed to the restless malice of their enemies , who observe the languishing condition of the nation , & that nothing but a parliament can provide remedies for the great evils which they feel and fear ; that two several parliaments , upon whom they had placed all their hopes , were so suddenly broken out of kindness to them , or with any regard to their advantage . it was generally believed that this age would not have seen another declaration , since colemans was so unluckily published before its time : not only because thereby the world was taught how little they ought to rely upon the sincerity of such kind of writings , but because that was a master-peice , which could hardly be equall'd , and our present ministers may well be out of countenance , to see their copy fall so very much short of the original . but should this declaration be suffered to go abroad any longer under the royal name , yet it will never be thought to have proceeded from his majesties inclination or his judgement , but to be gained from him by the artificies of the same ill men , who not being content to have prevailed with him to dissolve two parliaments only to protect them from publick justice , do now hope to excuse themselves from being thought the authors of that counsel by making him openly to avow it . but they have discovered themselves to the kingdom , and have told their own names , when they number amongst the great crimes of the house of commons , their having declared divers eminent persons to be enemies to the king and kingdom . 't is our happiness that the cunning of these eminent persons is not equal to their malice , in that they should thus unwarily make themselves known when they had so secretly and with so much caution given the pernicious advice . none could be offended at the proceedings of the parliaments but they who were obnoxious , none could be concern'd to vindicate the dissolution but they who had advised it . but they have perform'd this last undertaking after such a sort that they have left themselves not only without a justification but without all pretence herafter . the people were willing to think it the unfortunate effect of some suddain and precipitate resolution , but since they have now publickly assured us , that it was the result of counsel and deliberation , they cannot blame us for hoping one day to see justice done upon such counsellors . but though to the dishonour of our country it does appear that some english men were concern'd in the unhappy advice , of breaking the two last parliaments , and setting out this pretended defence of it , yet the gallicisms which are found in the paper shew the writer to have been of another nation , or at least to have had his thoughts so much taken up for the interests of france , ( whilst he was laboring this way to heighten and perpetuate the differences between the king and his people , ) that he could not express himself in any other idiom then theirs , he would not otherwise have introduced the king saying , that it was a matter extreamly sensible to vs ; a form of speech peculiar to the french , and unknown to any other nation . the reader ( who understands that language ) will observe so many more of this kind as will give him just cause to doubt , whether the whole paper was not a translation , and whether the english one , or that which was published in french was the original . let us then no longer wonder that the time of dissolving our parliaments is known at paris sooner then at london , since 't is probable the reasons now given for it were formed there too . the peers at oxford were so totally ignorant of the council , that they never once thought of a dissolution , till they heard it pronounced ; but the dutchess of mazarine had better intelligence , and published the news at st. james's many hours before it was done . this declaration was not communicated to the privy council till friday the . of april , when his majesty ( according to the late method ) did gratiously declare to them his pleasure to set it forth , without desiring from them any advice in the matter , but monsieur barillon , the french ambassador did not only read it to a gentleman the fifth of april , but advised with him about it and demanded his opinion of it , which his excellency will the better remember because of the great liberty which the person took in ridiculing it to his face . good god , to wh●t a condition is this kingdom reduced , when the ministers and agents of the only prince in the world , who can have designs against us , or of whom we ought to be afraid , are not only made acquainted with the most secret passages of state , but are made our cheif ministers too , and have the principal conduct of our affairs . and let the world judge if the commons had not reason for their vote , when they declared those eminent persons who manage things at this rate , to be enemies to the king and kingdom , and promoters of the french interest . whosoever considers the actions of our great men , will not think it strange that they should be hard put to it to find out reasons which they might give for any of them , and they have had very ill luck when ever they went about it . that reason which they have given for dissolving three several parliaments successively is now grown ridiculous , that the king was resolved to meet his people and to have their advice in frequent parliament , since every man took notice that as soon as the ministers began to suspect that his majesty was inclined to hearken to and pursue their advice , those very parliaments were presently dissolved . this was all the ground and cause , which was thought of for breaking the last parliament at westminister , when the proclamation of the th . of jan. was published , but , they have now considered better and have found out faults enough to swel into a declaration , and yet as much offended as they are with this parliament , they seem more highly angry with that which followed at oxford . nor is it at all strange that it should fall out so , for the court did never yet dissolve a parliament abruptly and in a heat , but they found the next parliament more averse , and to insist upon the same things with greater eagerness then the former . english spirits resent no affronts so highly as those which are done to their representatives ; and the court will be sure to find the effects of that resentment in the next election . a parliament does ever participate of the present temper of the people . never were parliaments of more different complexions than that of . and that of . yet they both exactly answered the humors which were predominant in the nation , when they were respectively chosen . and therefore while the people do so universally hate and fear france and popery , and do so well understand who they are who promote the french and popish interest , the favourites do but cozen themselves to think that they will ever send up representatives less zealous to bring them to justice , then those against whom this declaration is published . for surely this declaration ( what great things soever may be expected from it ) will make but very few converts , not only because it represents things as high crimes , which the whole kingdom has been celebrating as meritorious actions , but because the people have been so often deceived by former declarations , that whatsoever carries that name , will have no credit with them for the future . they have not yet forgotten the declaration from breda , though others forgot it so soon , and do not spare to say , that if the same diligence , the same earnest sollicitations had been made use of in that affair , which have been since exercised directly contrary to the design of it , there is no doubt but every part of it would have had the desired success , & all his majesties subjects would have enjoyed the fruits of it , and have now been extolling a prince so careful to keep sacred his promises to his people . if we did take notice of the several declarations published since that which we have last mentioned , we should find they signified as little ; & therefore we will only remember the last made the th . of april . . and declared in council , and in parliament , & after published to the whole nation : wherein his majesty owns that he is sensible of the ill posture of his affairs , and the great jealousies and dissatisfaction of his good subjects , whereby the crown and government was become too weak to preserve it self , which proceeded from his use of a single ministry and of private advices ; and therefore professes his resolution to lay them wholly aside for the future , and to be advised by those able and worthy persons , whom he had then chosen for his council , in all his weighty and important affairs . but every man must acknowledge that either his majesty has utterly forgotten this publick and solemn promise , or else that nothing weighty and important has happened from that time to this very day . as for the declaration read in our churches the other day , there needs no other argument to make us d●ubt of the reality of the promises which it makes , then to consider how partially , & with how little sincerity the things which it pretends to relate are therein represented . it begins with telling us in his majesties name , that it was with exceeding great trouble that he was brought to dissolve the two last parliaments , without more benefit to the people by the calling of them . we should question his majesties wisdom , did we not belive him to have understood that never parliament had greater opportunities of doing good to himself and to his people . he could not but be sensible of the dangers , and of the necessities of his kingdom , & therefore could not without exceding great trouble be prevailed upon for the sake of a few desperate men , ( whom he thought himself concern'd to love now , only becaus he had loved them too well , & trusted them too much before ; ) not only to disappoint the hopes and expectations of his own people , but of all most europe . his majesty did indeed do his part , so far , in giving opportunities of providing for our good , as the calling of parliaments does amount to , and it is to be imputed to the ministers only that the success of them did not answer his and our expectations . 't is certain it cannot be imputed to any of the proceedings of either of those parliaments ; which were composed of men of as good sence , and quality as any in the nation , and proceeded with as great moderation , and managed their debates with as much temper as was ever known in any parliament . if they seem'd to go too far in any thing , his majesties speeches or declarations had misled them , by some of which they had been invited to enter into every one of those debates , to which so much exception had been since taken . did he not frequently recommend the prosecution of the plot to them , with a strict and impartial inquiry . did he not tell them , that he neither thought himself nor them safe , till that matter was gone through with ? did he not in his speech of the th . of april , . assure them that it was his constant care to secure our religion for the future in all events , and that in all things which concern'd the publick security he would not follow their zeal but lead it ? has he not often wish'd that he might be enabled to exercise a power of dispensation in reference to those protestants , who through tenderness of misguided conscience did not conform , to the ceremonies , discipline and government of the church : and promised that he would make it his special care to encline the wisdom of the parliament to concur with him , in making an act to that purpose ? and least the malice of ill men might object , that these gracious inclinations of his continued no longer , then while there was a possibility of giving the papists equal benefit of a toleration . has not his majesty since the discovery of the plot , since there was no hopes of getting so much as a connivence for them , in his speech of the th . of march , . exprest his zeal not only for the protestant religion in general , but for an vnion amongst all sorts of protestants . and did he not command my lord chancellor , at the same time , to tell them that it was necessary to distinguish between popish and other recusants , between them that would destroy the whole flock , and them that onely wander from it ? these things considered we should not think the parliament went too far , but rather that they did not follow his majesties zeal with an equal pace . the truth is if we observe the daily provocations of the popish faction , whose rage and insolence were only increased by the discovery of the plot , ( so that they seemed to defy parliaments , as well as inferior courts of justice , under the protection of the duke , their publickly avowed head ; ) who still carryed on their designs by new and more detestable methods than ever , and were continually busie by perjuries and subornations , to charge the best and most considerable protestants in the kingdom with treasons , as black as those of which themselves were guilty . if we observe what vile arts were used to hinder the further discovery , what liberty was given to reproach the discoverers , what means used to destroy or to corrupt them ; how the very criminals were encouraged and allowed to be good witnesses against their accusers : we should easily excuse an english parliament thus beset , if they had been carried to some little excesses . but yet all this could not provoke them to do any thing not justifiable by the laws of parliament , or unbecoming the wisdom and gravity of an english senate . but we are told that his majesty opened the last parliament , which was held at westminster , with as graciom expressions of his readiness to satisfie the desires of his subjects , and to secure them against all their just fears , as the weighty consideration , either of preserving the established religion and property of his subjects at home , or of supporting his neighbors and allies abroad could fill his heart with . we must own that his majesty has opened all his parliaments at westminister , with very gracious expressions ; nor have we wanted that evidence of his readiness to satisfie the desires of his subjects , but that sort of evidence will soon lose it's force if it be never followed by actions correspondent , by which only the world can judge of the sincerity of expressions or intentions . and therefore the favourites did little consult his maiesties honor , when they bring him in solemnly d●claring to his subjects , that his intentions were as far as would have consisted with the very being of the government , to have complyed with any thing that could have been proposed to him to accomplish those ends ; when they are not able to produce an instance wherein they suffered him to comply in any one thing . whatsoever the house of commons address'd for was certainly denied , though it was only for that reason ; and there was no surer way of intituling ones self to the favor of the court , then to receive a censure from the representative body of the people . let it for the present be admitted that some of the things desired by that parliament were exorbitant , and ( because we will put the objection as strong as is possible ) inconsistent with the very being of the government , yet at least some of their petitions were more reasonable . the government might have subsisted though the gentlemen put out of the commission of the peace , for their zealous acting against the papists , had been restor'd ; nor would a final dissolution of all things have ensued , tho sir g. jefferies had been removed out of publick office , or my lord hallifax himself from his majesties presence and councils . had the statute of the th . of queen elizabeth ( which had justly slept for years , and of late , unseasonably revived ) been repealed , surely the government might still have been safe . and though the fanaticks perhaps had not deserved so well as that in favor to them , his majesty should have passed that bill , yet since the repeal might hereafter be of so great use to those of the church of england , in case of a popish successor , ( which blessing his majesty seems resolved to bequeath to his people ; ) one would have thought he might have complyed with the parliament in that proposal . at least we should have had less reason to complain of the refusal , if the king would have been but graciously pleased to have done it in the ordinary way . but the ministers thought they had not sufficiently triumphed over the parliament by getting the bill rejected , unless it were done in such a manner as that the precedent might be more pernicious to posterity , by introducing a new negative in the making of laws , then the losing of any bill , how useful soever , could be to the present age. this we may affirm , that if the success of this parliament did not answer expectation , whoever was guilty of it , the house of commons did not fail of doing their part. never did men husband their time to more advantage . they opened the eyes of the nation , they shewed them their danger with a freedom becoming englishmen . they asserted the peoples right of petitioning , they proceeded vigorously against the conspirators discovered and heartily endeavored to take away the very root of the conspiracy . they had before them as many great and useful bills as had been seen in any parliament , and it is not to be laid at their doors that they proved abortive . this age will never fail to give them their grateful acknowledgments , and posterity will remember that house of commons with honor. we come now to the particular enumeration of those gracious things which were said to the parliament at westminster . his majesty askt of them the supporting the allyances he had made for the preservation of the general peace in christendom . 't is to be wish'd his majesty had added to this gracious asking of money , a gracious communication of those alliances , and that such blind obedience had not been exacted from them , as to contribute to the support of they knew not what themselves ; nor before they had considered whether those alliances which were made , were truly design'd for that end which was pretended , or any way likely to prove effectual to it . since no precedent can be shown , that ever a parliament , ( not even the late long parliament , tho filled with danby his pensioners ) did give money for maintaining of any leagues till they were first made acquainted with the particulars of them . but besides this the parliament had reason to consider well of the general peace it self , and the influence it might have , and had , upon our affairs , before they came to any resolution , or so much as to a debate about preserving it ; since so wise a minister as my l. chancellor had so lately told us , that it was fitter for meditation than discourse . he informed us in the same speech , that the peace then was but the effect of despair in the confederates , and we have since learn't by whose means they were reduced to that despair ; and what price was demanded of the french king for so great a service . and we cannot but be sadly sensible how by this peace , that monarch has not only quite dissolv'd the confederacy form'd against him , enlarged his dominions , gain'd time to refresh his soldiers harrassed with long service , setled and composed his subjects at home , increased his fleet , and replenished his exchequer for new and greater designs ; but his pensioners at our court have grown insolent upon it , and presuming that now he may be at leasure to assist them in ruining england , and the protestant religion together , have shaken off all dread of parliaments , and have prevail'd with his majesty to use them with as little respect , and to disperse them with as great contempt , as if they had been a conventicle , and not the great representative of the nation , whose power and wisdom only could save him and us , in our present exigencies . but whatever the design of them was , or the effect of them is like to be , yet alliances have a very good sound , and a nation so encompassed with enemies abroad , and traitors and pensioners to those enemies at home , must needs be glad to hear of any new friends . but alas if we look into the speech made at the opening of that parliament , we shall find no mention of any new ally except the spaniard , whose affairs at that time , through the defects of his own government , and the treachery of our ministers , were reduced to so desperate a state , that he might well be a burden to us , but there was little to be hoped from a friendship with him ; unless by the name of a league to recommend our ministers to a new parliament , & couzen country gentlemen out of their money . but upon perusal of that league it appears by the third , fourth and fifth articles , that it was like to create us troubles enough , for it engages us indefinitely to enter into all the quarrels of the spaniards , tho they happened in the west-indies or the philippine islands , or were drawn upon himself by his own injustice or causeless provocations . by this we shall be obliged to espouse his difference with the duke of brandenburg , tho all that duke did , was according to the law of nations , to reprize spanish ships for a just debt frequently demanded in vain . by this we shall be obliged to engage in his present war with the portuguese , tho he by his violent seizing of the island of st. gabriel , which had been long in their peaceable possession , without once demanding it of them , has most justly provoked the portuguese to invade spain . nor are we bound only to assist him in case of an invasion , but in case of any disturbance whatsoever , which must be intended of intestine troubles , ( and it is so directly explained in the secret article which all europe says was signed at the same time . ) so that if the present king of spain should imitate his great grand-father philip the second , & oppress any of his subjects as cruelly as he did those of the low countries , and so force them to a necessary self defence ; we have renounced the policy , of our ancestors , who thought it their interest as well as their duty to succor the distressed , and must not only aid him with men for three months to make those people slaves , but if the matter cannot be composed in that time make war upon them , with our whole force both by land and sea. but that which concerns us yet nearer in this league , is , that this obligation of assistance was mutual , so that if a disturbance should happen hereafter in england upon any attempt to change our religion or our government , though it was in the time of his majesty successors , the most catholick king is obliged by this league , ( which we are still to believe was entred into , for the security of the protestant religion , and the good of the nation ) to give aid to so pious a design , and to make war upon the people with all his forces both by land and sea. and therefore it was no wonder that the ministers were not forward in shewing this league to the parliament , who would have soon observed all these inconveniencies , and have seen how little such a league could contribute to the preserving the general peace , or to the securing of flanders , since the french king may within one months time possess himself of it , and we by the league are not obliged to send our succors till months after the invasion . so that they would upon the whole matter , have been inclined to suspect , that the main end of this league was only to serve for a handsom pretence to raise an army in england , and if the people here should grow discontented at it , and any little disorders should ensue , the spaniard is thereby obliged to send over forces to suppress them . the next thing recommended to them was the farther examination of the plot , and every one who has observed what has passed for more than two years together , cannot doubt that this was sincerely desired by such as are most in credit with his majesty , and then surely the parliament deserv'd not to be censured upon this account , since the examination of so many new witnesses , the trial of the lord stafford , the great preparations for the trial of the rest of the lords , and their diligent inquiry into the horrid irish treasons , shew that the parliament wanted no diligence to pursue his majesties good intentions in that affair . and when his majesty desired from the parliament their advice and assistance concerning the preservation of tangier , the commons did not neglect to give its due consideration . they truly represented to him how that important place came to be brought into such exigencies , after so vast a treasure expended to make it useful , and that nothing better could be expected of a town , for the most part put under popish governours ; and always fill'd with a popish garrison . these were evils in his majesties own power to redress , and they advised him to it ; nor did they rest there , but promise to assist him in defence of it , as soon as ever they could be reasonably secured , that any supply which they gave for that purpose , should not be used to augment the strength of our popish adversaries , and to encrease our dangers at home . they had more than once seen money imployed directly contrary to the end for which it was given by parliament , & they had too good cause of fear it might be so again , and they knew that such a misimployment would have been fatal at that time . but above all they considered the eminent dangers which threatned them with certain ruine at home ; and therefore justly thought , that to leave the consideration of england to provide for tangier , would be to act like a man that should send his servants to mend a gap in his hedge , when he saw his house on fire , and his family like to be consumed in it . we are next told that his majesty , offered to concur in any remedies that could be proposed for the security of the protestant religion , and we must own that he did indeed make such an offer , but he was pleased to go no further , for those remedies which the commons tendred were rejected , and those which they were preparing , were prevented by a dissolution . we have seen the great things which the king did on his part , let us now reflect on those instances which are singled out as so many unsuitable returns of the commons . they are complained of for presenting addresses in the nature of remonstrances rather then answers . under what unhappy circumstances do we find our selves , when our representatives can never behave themselves with that caution , but they will be misinterpreted at court. if the commons had return'd answer to his majesties messages , without shewing upon what grounds they proceedded , they had then been accused as men acting peremptorily & without reason ; if they modestly express the reasons of their resolutions , they are then said to remonstrate . but what the ministers would have this word remonstrance signifie , what crime it is they mean thereby , to charge the commons with , is unknown to an english reader . perhaps they who are better critics and more french-men , know some pernicious thing which it imports . if they mean by a remonstrance , a declaring the causes and reasons of what they do ; it will not surely be imputed as a fault in them , since 't is a way of proceeding which his majesties ministers have justified by their own example , having in his majesties name vouchsafed to declare the causes and reasons of his actions to his people . but the commons made arbitrary orders for taking persons into custody , for matters that had no relation to priviledges of parliament . the contrivers of this declaration , who are so particular in other things , would have done well to have given some instances of these orders . if they intend by these general words , to reflect on the orders made to take those degenerate wretches into custody , who published under their hands their abhorrence of parliaments , and of those who in an humble and lawful manner petitioned for their setting , in a time of such extream necessity . surely they are not in good earnest , they cannot believe themselves when they say , that these matters had no relation to priviledges of parliament if the priviledg of parliament be concern'd when an injury is done to any particular member , how much more is it touched when men strike at parliaments themselves , & endeavour to wound the very constitution ? if this be said with relation to sheridon , who has since troubled the world with so many idle impudent pamphlets upon that account , 't is plain that his commitment was only in order to examine him about the popish plot , and his indeavors to stifle it , ( though his contemptuous behaviour to the house deservd a much longer confinement ) and 't was insolence in him to arraign their justice , because they did not instantly leave all their great debates to dispatch the business relating to him . thompson of bristol , was guilty of divers great breaches of priviledge , but yet his commitment was only in order to an impeachment , and assoon as they had gone through with his examination , they ordered him to be set at liberty , giving security to answer the impeachment which they had voted against him . but is it a thing so strange & new to the authors of the declaration , that the house of commons should order men to be taken into custody for matters not relating to priviledge . have they not heard , that in the . edw. . criketost was commited for confederating in an escape ; that . jac. sir francis michel was committed for misdemeanors , in procuring a patent for the forfeitures of recognizances , together with fowles , gerrard , and divers others , ( none of which were members of parliament ) that . jac. dr. harris was taken into custody for misbehaving himself in preaching ; and that . car. burgesse was committed for faults in catechizing , and l●vet for presuming to exercise a patent , which had been adjudged a greivance by a committee of the commons in a former parliament . there would be no end of giving instances of those commitments , which may be observed in almost every parliament , so that the house of commons did but tread in the steps of their predecessors , and these sorts of orders where not new , though the declaration take the liberty to call them arbitrary . the commons had betray'd their trust , if they had not asserted the right of petitioning , which had been just before shaken , by such a strange illegal and arbritary proclamation . but now we come to the transcendent monstrous crimes , which can never be forgiven by the ministers , the giving them their due character , which every man of understanding had fix'd upon them long before ; the whole current of their councils being a full proof of the truth of the charge . but what colour is there for calling these votes illegal ? is it illegal for the commons to impeach persons , whom they have good reason to judge enemies to the king and kingdom ? is it illegal to determine by a vote ( which is the only way of finding the sence of the house ) who are wicked counsellors & deserve to be impeached ? could the commons have called the parties accused to make their answer before themselves ? had they not a proper time for their defence when they came to their trals , & might they not have cleared their innocence much better , ( if they durst have put that in issue , ) by a tryal , then a dissolution of the parliamen ? but should we grant that these votes were not made in order to an impeachment , yet still there is nothing illegal , nothing extraordinary in them . for the commons in parliament have ever used ways of delivering their country from pernicious & powerful favourites , the one is in a parliamentary course of justice by impeaching them , which is used when they judg it needful to make them publick examples , by capital , or other high punishments , for the terror of others : the other is by immediate address to the king to remove them as unfaithfnl or unprofitable servants . their lives their liberties or estates are never endangered , but when they are proceeded against in the former of these ways . then legal evidence of their guilt is necessary , then there must be a proper time allowed for their defence . in the other way the parliament act as the kings great council , and when either house observe that affairs are ill administred , that the advice of parliaments is rejected or slighted , the course of justice perverted , our councels betray'd , greivances multiplyed , & the government weakly and disorderly managed , ( of all which our laws have made it impossible for the king to be guilty ) . they necessarily must , and always have charg'd those who had the administration of affairs , and the kings ear , as the authors of these mischeifs , and have from time to time applyed themselves to him by addresses for their removal from his presence and councils . there be many things plain and evident beyond the testimony of any witnesses , which yet can never be proved in a legal way . if the king will hearken to none but two or three of his minions , must we not conclude that every thing that is done comes from their advice ? and yet , if this way of representing things to the king were not allowed , they might easily frustrate the enquiries of a parliament . it is but to whisper their counsels , and they are safe . the parliament may be busied in such great affairs , as will not suffer them to pursue every offender through a long process ; and besides there may be many reasons why a man should be turn'd out of a service , which perhaps would not extend to subject him to punishment . the people themselves are highly concern'd in the great officers and ministers of state , who are servants to the kingdom as well as to the king. and the representatives of the people , the commons , whose business it is to present all greivances , as they are most likely to observe soonest the folly and treachery of those publick servants , ( the greatest of all greivances ) so this representation ought to have no little weight with the prince . this was understood so well by h. . a wise and brave prince , that when the commons complain'd against four of his servants , and councellors , desiring they might be removed , he came into parliament and there declared openly that though he knew nothing against them in particular , yet he was assured that what the lords and commons desired of him , was for the good of himself and his kingdom ; and therefore he did comply with them , and banish'd those four persons from his presence and councils , declaring at the same time , that he would do so by any others who should be near his royal person , if they were so unhappy to fall under the hatred and indignation of his people . the records and histories of the reigns of edward the first , edw. ii edw. iii. and indeed of all other succeeding kings are full of such addresses as these ; but no history or record can shew that ever they were called illegal or un-parliamentary till now . then the ministers durst not appeal to the people against their own representatives , but ours at present have either got some new law in the point , or have attained to a greater degree of confidence , then any that went before them . the best of our princes have with thanks acknowledged the care and duty of their parliaments , in telling them of their corruption and folly of their favourites . e. i. e. ii. h. vi. h. v. and q. el. never faild to do it , and no names are remembred with greater honour in the english annals . whilst the disorderly , the troublesom and unfortunate reigns of h. iii. ed. ii. r. ii. and h. the vi. ought to serve as land marks to warn succeeding kings from preferring secret councels to the wisdom of their parliaments . but none of the proceedings of the house of commons , have been more censured at court , and with less justice , then their vote about the anticipation of several branches of the revenue . an objection which could proceed from nothing , but a total ignorance of the nature of publick treasure in our own , & all other nations , which was ever esteem'd sacred & un-alienable . all the acts of resumption in the times of h. iv. h. vi. & other of our kings were founded upon this maxim , otherwise there could not be conceived any grosser injustice , then to declare alienations to be void , which kings had lawful power to make . it was upon this maxim that the parliament declar'd the g●ant to the pope of the yearly summe of marks , wherewith king john had charg'd the inheritance of the crown , to be null . it was for this cause that in the year . his majesty procured an act of parliament , to enable him to sell the fee-farm rents , and it is the best excuse that can be made for those ministers who in the year . advised the postponing of all payments to the bankers out of the exchequer , that they judged all securities by way of anticipation of the revenue , illegal and void in themselves . resumptions have been frequent in every kingdom , the king of sweden within these few moneths , has , by the advice of the states , resumed all the lands which his predecessors had in many years before , granted from the crown . no country did ever beleive the prince , how absolute soever in other things , had power to sell or give away the revenue of the kingdom , and leave his successor a beggar . all those acts of the roman emperors , whereby they wasted the treasure of the empire , were rescinded by their successors ; and tacitus observes , that the first of them that look't upon the publick treasure as his own , was claudius the weakest and most sottish of them all . the present king of france did within these twelve years , by the consent of his several parliaments , resume all the demesnes of the crown , which had been granted away by himself or his predecessors . that haughty monarch , as much power as he pretends to , not being asham'd to own that he wanted power to make such alienations , and that kings had that happy inability , that they could do nothing contrary to the laws of their countrey . this notion seems founded in the reason of mankind , since barbarism it self cannot efface it . the ottoman emperours dispose arbitrarily of the lives and estates of their subjects , but yet they esteem it the most detestable wickedness , to employ the tributes and growing revenues of the provinces , ( which they call the sacred blood of the people ; ) upon any other then publick occasions . and our kings h. iv. and h. , understood so well the different power they had in using their private inheritances and those of the crown , that they took care , by authority of parliament , to separate the dutchy of lancaster from the crown , and to keep the descent of it distinct . but our present courtiers are quite of another opinion , who speak of the revenue of the crown as if it were a private patrimony , and design'd only for domestic uses , and for the pleasures of the prince the revenues of the crown of england are in their own nature appropriated to publick service ; & therefore cannot without injustice be diverted or anticipated . for either the publick revenue is sufficient to answer the necessary occasions of the government , and then there is no color for anticipations , or else by some extraordinary accident the k. is reduced to want an extraordinary supply , and then he ought to resort to his parliament . thus wisely did our ancestors provide , that the k. and his people should have frequent need of one another , & by having frequent opportunities of mutually relieving one anothers wants , be sure ever to preserve a dutiful affection in the subject , and a fatherly tenderness in the prince . when the king had occasion for the liberality of his people , he would be well inclin'd to hear and redress their grievances , and when they wanted ease from oppressions they would not fail with alacrity to supply the occasions of the crown . and therefore it has ever been esteem'd a crime in counsellors who perswaded the king to anticipate his revenue , and a crime ●n those who furnisht money upon such anticipations in an extraordinary way , however extraordinary the occasion might be . for this cause it was that the parliament in the th . of h. . did not only discharge all those debts which the k. had contracted , but enacted that those lenders who had been before paid again by the king , should refund all those summs into the exchequer , as judging it a reasonable punishment , to make them forfeit the money they lent , since they had gone about to introduce so dangerous a precedent . the true way to put the king out of a possibility of supporting the government , is to let him wast in one year that money , which ought to bear the charge of the government for seven . this is the d●rect method to destroy the credit of the crown both abroad and at home . if the king resolve never to pay the money which he borrows , what faith will be given to royal promises , and the honor of the nation will suffer in that of the prince , & if it must be put upon the people to repay it , this would be a way to impose a necessity of giving taxes without end , whether they would or no. and therefore ( as mercenary as they were ) the pensioners would never discharge the revenue of the anticipations to the bankers . now the commons having the inconvenience of this before their eyes in so fresh an instance , & having their ears fill'd with the daily cries of so many widows and orphans ; were obliged in duty to give a public caution to the people , that they should not run again into the same error . not onely because they judged all securities of that kind absolutely void , but because they knew no future parliament could without breach of trust repay that money which was at first borrowed onely to prevent the sitting of a parliament , and which could never be paid without countenancing a method so destructive to our constitution . nor have former parliaments been less careful & nice , in giving the least allowance to any unusual ways of taken up money , without common consent , having so very often declar'd that the king cannot supply his most pressing necessities , either by loans or by the benevolence of his subjects , which by the express words of the statute are damned and annulled for ever . but the house of commons were so cautious of giving any just occasion of cavil , that they restrain'd their votes much more then they needed to have done : for they extended them only to three branches of the revenue , all which were by several acts of parliament given to his present majesty . and surely every one will agree , that when the king receives a gift from his people , he takes it under such conditions , and ought to imploy it in such a manner , and for such purposes as they direct . we must therefore consult the several acts by which those branches were settled ; if we would judge rightly whether the commons had not particular reasons for what they did . the statute car. . c. . says , that the commons reposing trust in his majesty , for guarding the seas against all persons intending the disturbance of trade , and the invading of the realm to that intent do give him the tonnage and poundage , &c. this is as direct an appropriation as words can make , and therefore as it is manifest wrong to the subiect , to divert any part of this branch to other uses ; so for the king to anticipate it , is plainly to disable himself to perform the trust reposed in him. and the late long parliament , thought this matter so clear , that about two years before their dissolution , they passed a vote with relation to the customs , in all most the same words . the parliament which gave the excise were so far from thinking , that the king had power to charge or dispose of it as his own , that by a special clause in the act , whereby they give it , they were careful to impower him to dispose of it , or any part of it by way of farm , and to enact that such contracts shall be effectual in law , so as they be not for a longer time then three years . the act , whereby the hearth-money was given , declares that it was done to the end , that the public revenue might be proportioned to the public charge , and 't is imposible that should ever be , whilst it is lyable to be pre-ingag'd and anticipated . and the parliament were so careful to preserve this tax always clear and uncharg'd , that they made it penal for any one so much as to accept of any pension or grant for years , or any other estate , or any summe of money out of the revenue arising by vertue of that act , from the king , his heirs or successors . surely if the penners of this declaration had not been altogether ignorant of ourown laws , and of the policy of all other countries & ages they would never have printed those votes , in hopes thereby to have exposed the commons to the world. they would not have had the face to say , that thereby the king was exposed to danger , deprived of a possibility of supporting the government , and reduc'd to a more helpless condition then the meanest of his subjects . this we are sure of , that if the inviolable observing of these statutes , will reduce his majesty to a more helpless condition then the meanest of his subjects , he will still be left in a better condition then the richest and greatest of his ancestors , none of which were ever masters of such a revenue . the h. of commons are in the next place accused of a very high crime , the assuming to themselves a power of suspending acts of parliament , because they declared that it was their opinion , that the prosecution of protestant dissenters upon the penal laws , is at this time grievous to the subject , a weakning of the protestant interest , an incouragement to popery , and dangerous to the peace of the kingdom . the ministers remembred that not many years ago , the whole nation was justly alarm'd upon the assuming an arbitrary power of suspending penal laws , & therefore they thought it would be very popular , to accuse the commons of such an attempt . but how they could possible misinterpret a vote at that rate , how they could say the commons pretended to a power of repealing laws , when they only declare their opinion of the inconveniency of them , will never be understood till the authors of this are pleased to shew their causes and reasons for it in a second declaration . every impartial man will own , that the commons had reason for this opinion of theirs . they had with great anxiety observed that the present design of the papists was not against any one sort of protestants , but universal , and for extirpating the reform'd religion . they saw what advantages these enemies made of our divisions , & how cunningly they diverted us from persecuting them , by fomenting our jealousies of one anether . they saw the strength and nearness of the king of france , and judged of his inclinations by his usage of his own protestant subjects . they considered the number , & the bloody principles of the irish , and what conspiracies were form'd there , and even ripe for execution ; and that scotland was already delivered into the hands of a prince , the known head of the papists in these kingdomes , and the occasion of all their plots and insolencies , as more then one parliament had declared . they could not but take notice into what hands the most considerable trusts both civil and military where put , and that notwithstanding all addresses , & all proclamations for a strict execution of the penal laws against papists , yet their faction so far prevailed , that they were eluded , and only the dissenting protestants smarted under the edge of them . in the midst of such circumstances was there not cause to think an union of all protestants necessary , and could they have any just ground to believe that the dissenters , whilst they lay under the pressures of severe laws , should with such alacrity and courage as was requisite , undertake the defence of a countrey where they were so ill treated ? a long and sad experience had shew'd , how vain the endeavours of former parliaments had been to force us to be all of one opinion , and therefore the house of commons resolv'd to take a sure way to make us of one affection . they knew that some busie men would be striking whilst there were weapons at hand , and therefore to make us live at peace , they meant to take away all occasions of provoking or being provoked . in order to a general repeal of these laws , they first came to a vote declaring the necessity of it , to which there was not one negative in the house : a vote of this nature does for the most part precede the bringing in of a bill , for the repeal of any general law. and it had been a great presumption in a particular member to have asked leave , to have brought in a bill for repealing so many laws together , till the house had first declar'd that in their opinion they were grievous & inconvenient . no english man could be so ignorant of our laws , none but a french-man could have confidence to declaim against a proceeding so regular and parlimentary as this . where was the disregard to the laws established , for the commons to attempt the abrogating of a law that is grievous to the subject , and dangerous to the peace of the kingdom ? is it a suspending acts of parliament , if they declare a law to be grievous and dangerous in their opinion , before they set about the repeal of it ? and is there any ground to doubt but that a bill would have pass'd that house , pursuant to this vote , had it not been prevented by a dissolution ? nor was there the least direction or signification to the judges , which might give any occasion for the reflection which follows in the declaration . the due and impartial execution of the laws is the unquestionable duty of the judges , & we hope they will always remember that duty so well , as not to necessitate a h. of commons to do theirs , by calling them to account for making private instructions the rule of their judgments , and acting as men who have more regard to their places then their oaths . 't is too well known who it is that sollicites and manages in favor of judges , when a h. of commons does demand justice against them , for breaking their oaths . and therefore the publishers of this declaration had said something well , if when they tell us the judges ought not to break their oaths in reverence to the votes of either h. they had been pleased to add , not in respect of any command from the k. or favorites . then we should have no more letters from secretaries of state to judges sitting upon the bench. then we should have no more proclamations like that of the th oct. . forbidding the execution of the laws concerning high-ways . nor that of the th . of may , . dispencing with divers clauses in the acts of parliament for increase of shipping ; nor any more declarations like that of the . of march , . suspending the penal laws in matters ecclesiastical . but the judges are sworn to execute all laws , yet their is no obligation upon any man to inform against another . and therefore though the ministers prevented the repeal of those laws , 't is to be hop'd that this vote will restrain every englishman from prosecuting protestants , when so wise and great a body have declared the pernicious effects of such aprosecution . 't is most true that in england no law is abrogated by desuetude , but it is no less true that there are many laws still unrepealed which are never executed , nor can be without publick detriment . the judges know of many such dormant laws , & yet they do not quicken the people to put them in execution , nor think themselves guilty of perjury that they do not , such are the laws for wearing caps , for keeping lent , those concerning bowes and arrows , about killing calves , and lambs , and many others . and those who vex men by information on such antiquated laws , have been ever lookt upon as infamous , and disturbers of the publick quiet . hence it is that there are no names remembred with greater detestation than those of empson and dudley , the whole kingdom abhor'd them as monsters in the time of h. vii . and they were punish'd as traitors in the reign of his son. the alteration of the circumstances whereupon a law was made , or if it be against the genius of the people , or have effects contrary to the intent of the makers ; will soon cause any law to be disused , and after a little disuse , the reviving of it will be thought oppression . especially if experience has shewn that by the non execution , the quiet , the safety , and trade of the nation have been promoted ; of all which the commons , who are sent from every part of the kingdom , are able to make the clearest judgment . therefore after they have declared their opinions of the inconvenience of reviving the execution of these laws , which have lain asleep for divers years , tho the judges must proceed , if any forward informers should give them the trouble , yet they would not act wisely or honestly if they should encourage informers , or quicken juries by strict and severe charges . especially if it be considered that the lords also were preparing bills in favor of dissenters , and that the king has wish'd often it was in his power to ease them . so that tho there be no act of repeal formerly passed , we have the consent and desire of all who have any share in making acts. but let this vote have what consequence it will , yet sure the ministers had forgot that the black rod was at the door of the house , to require them to attend his majesty at the very time when it was made , otherwise they would not have numbred it amongst the causes , which occasioned the king to part with that parliament . and those that knew his majesty was putting on his robes before that vote passed , might imagine a dissolution thus forseen , might occasion it , but cannot be brought to believe , that the vote which was not in being , could occasion the dissolution . these are the proceedings which the ministers judg unwarrantable in the parliament at westminster , and for which they prevailed with his majesty to part with it . but since it is evident upon examination , that the principles of our constitution , the method of parliaments , and the precedents of every age , were their guide and warrant in all those things ; surely the k. must needs be alike offended with the men about him , for perswading him to dissolve that parliament without any cause ; and for setting forth in his name a declaration of such pretended cause as every man almost sees through , & contrived only to cover those reasons which they durst not own. but with what face can they object to the house of commons their strange illegal votes declaring divers eminent persons to be enemies to the king and kingdom , when at the same time they arrogate to themselves an unheard of authority to arraign one of the three estates in the face of the world , for usurping power over the laws , imprisoning their fellow subjects arbitrarily , exposing the kingdom to the greatest dangers , and endeavoring to deprive the king of all possibility of supporting the government , and all this without any order or process of law , without hearing of their defence , and as much without any reason , as precedent . we have had ministers heretofore so bold , ( yet ever with ill success ) as to accuse a pretended factious party in the house , but never did any go so high as openly to represent the whole h. of commons as a faction , much less , to cause them to be denounced in all the churches of the kingdom , that so the people might look upon it as a kind of excommunication . but if they erred in the things they judged rightly in the choice of the persons who were to publish it . blind obedience was requisite , where such unjustifiable things were imposed , and that could be no where so entire , as amongst those clergy men whose preferment depended upon it . therefore it was ordered that this declaration should be read by them , being pretty well assured that they would not unwillingly read in the desk , a paper so suitable to the doctrin w ch some of them had often declared in the pulpit . it did not become them to enquire whether they had sufficient authority for what they did ; since the printer called it the ks. declaration , & whether they might not one day be call'd to account for publishing it ; nor once to ask if what his majesty singly ordered when he sate in council , and came forth without the stamp of the great seal , gave them a sufficient warrant to read it publickly . clergy-men seldom make reflections of this kind , least they should be thought to dispute the commands of their superiors . it hath been observed , that they who allow unto themselves the liberty of doubting , advance their fortunes very slowly , whilst such who obey without scruple , go on with a success equal to their ambition . and this carries them on without fear or shame , and as little thought of a parliament , as the court favorites who took care to dissolve that at oxford , before they durst tell us the faults of that at westminster . we have already answer'd the miscarriages objected to the first , and may now take a view of those imputed to the other , which they say was assembled as soon as that was dissolved , and might have added dissolved as soon as assembled . the ministers having employ'd the people forty days in chusing knights and burgesses , to be sent home in eight , with a declaration after them , as if they had been called together only to be affronted . the declaration doth not tell us of any gracious expressions used at the opening of that parliament , perhaps because the store was exhausted by the abundance which his majesty was pleased to bestow on them in his former speeches . but we ought to believe that his majesties heart was as full of them as ever , and if he did not express them , it is to be imputed unto the ministers , who diverted him from his own inclinations , and brought him to use a language until that day unknown unto parliaments . the gracious speech then made , & the gracious declaration that followed , are so much of a piece , that we may justly conclude the same persons to have been authors of both . how ever his majesty failed not to give good advice unto them , who were called together to advice him . the parliament had so much respect of their k. as not particularly to complain of the great invasion , that was made upon their liberty of proposing & debating laws , by his telling them before hand what things they should meddle with , and what things , no reasons they could offer , should perswade him to consent unto . but every man must be moved to hear it charged upon them as an unpardonable disobedience , that they did not obsequiosly submit to that irregular command , of not touching on the busines of the succesion . shall two or three unknown minions take upon them , like the lords of the articles of scotland , to prescribe unto an english parliament what things they shall treat off ? do they intend to have parliaments inter instrumenta servitutis , as the romans had kings in our country ? this would quickly be , if what was then attempted had succeeded , and should be so pursued hereafter , that parliaments should be directed what they were to meddle with , and threatned if they do any other thing . for the loss of liberty of freedom of debate in parliament , will soon and certainly be followed by a general loss of liberty . without failing in the respect which all good subjects owe unto the king , it may be said that his majesty ought to divest himself of all private inclinations , and force his own affections to yeild unto the publick concernments : and therefore his parliaments ought to inform him impartially , of that which tends to the good of those they represent , without regard of personal passions , and might worthily be blam'd , if they did not believe , that he would forgo them all for the safety of his people , therefore if in it self it was lawful to propose a bill for excluding the duke of york from the crown , the doing it after such an unwarrantable signification of his pleasure would not make it otherwise . and the unusual stifnes which the king hath shown upon this occasion , begins to be suspected not to proceed from any fondnes to the person of his brother , much less from any thought of danger to the english monarchy by such a law , but from the influence of some few ill men upon his royal mind , who being creatures to the duke , or pensioners to france , are restless to prevent a good understanding betwen the king and his people ; justly fearing that if ever he comes to have a true sence of their affections to him , he would deliver up to justice these wicked wretches , who have infected him with the fatal notion , that the interests of his people are not only distinct but opposite to his . his majesty does not seem to doubt of his power in conjunction with his parliament , to exclude his brother . he very well know's this power hath been often exerted in the time of his predecessors . but the reason given for his refusal to comply with the interests and desires of his subjects , is , because it was a point which concerned him so near in honour , justice and conscience . is it not honourable for a prince , to be true and faithful to his word and oath ? to keep and maintain the religion and laws established ? nay can it be thought dishonourable unto him , to love the safety & wel-fare of his people and the true religion established among them , above the temporal glory and greatness of his personal relations ? is it not just , in conjunction with his parliament , for his peoples safety , to make use of a power warranted by our english laws , & the examples of former ages ? or is it just for the father of his countrey , to expose all his children to ruine out of fondness unto a brother ? may it not rather be thought unjust to abandon the religion , laws and liberties of his people which he is sworn to maintain and defend , and expose them to the ambition and rage of one that thinks himself bound in conscience to subvert them ? if his majesty is pleased to remember what religion the duke professeth , can he think himself obliged in conscience to suffer him to ascend the throne , who will certainly endeavor to overthrow it , and set up the worst of superstitions and idolatry in the room of it ? or if it be true that all , obligations of honor , justice and conscience , are comprehended in a grateful return of such benefits as have been received , can his majesty believe that he doth duly repay unto his protestant subjects , the kindness they shewed him , when they recalled him from a miserable helpless banishment , and with so much dutiful affection placed him in the throne , enlarged his revenue above what any of his predecessors had enjoyed , and gave him vaster sums of money in twenty years , than had been bestowed upon all the ks. since william the first ; should he after all this deliver them up to be ruin'd by his brother ? it cannot be said that he had therein more regard unto the government , than to the person , seeing it is evident the bill of exclusion had no ways prejudiced the legal monarchy , w ch his majesty doth now enjoy with all the rights and powers which his wise and brave ancestors did ever claim , because many acts of the like nature have passed heretofore upon less necessary occasions . the preservation of every government depends upon an exact adherence unto its principles , & the essential principle of the english monarchy , being that well proportioned distribution of powers , whereby the law doth at once provide for the greatness of the king , and the safety of the people , the government can subsist no longer , than whilst the monarch enjoying the power which the law doth give him , is enabled to perform the part it allows unto him and the people are duly protected in their rights and liberties . for this reason our ancestors have been always more careful to preserve the government inviolable , than to favour any personal pretences , and have therein conformed themselves to the practice of all other nations , whose examples deserve to be followed . nay , we know of none so slavishly addicted unto any person or family , as for any reason whatsoever , to admit of a prince who openly professed a religion contrary to that which was established amongst them . it were easie to alledge multitude of examples of those who have rejected princes for reasons of far less weight then difference in religion , as robert of normandy , charles of lorrain , alphonso a d●sheradado of spain ; but those of a latter date , against whom there was no other exception than for their religion , suiteth better with our occasion . among whom it is needless to name henry of bourbon , who though accomplished in all the vertues required in a prince , was by the general assembly of the estate at blois declared uncapable of succession to the crown of france , for being a protestant . and notwithstanding his valour , industry , reputation and power increased by gaining four great battails , yet he could never be admited king , till he had renounced the religion , that was his obstacle . and sigismund son of john of sweden , king of that country by inheritance , and of poland by election , was deprived of his hereditary crown , and his children disinherited only for being a papist , & acting conformably to the principles of that religion , though in all other respect he deserved to be a king and was most acceptable unto the nation . but if ever this maxim deserved to be considered surely it was in the case of the duke of york . the violence of his natural temper is sufficiently known : his vehemence in exalting the prerogative ( in his brothers time ) beyond its due bounds and the principles of his religion which carry him to all imaginable excesses of cruelty , have convinced all mankind that he must be excluded , or the name of king being left unto him , the power put into the hands of another . the parliament therefore considering this , and observing the precedents of former ages , did wisely choose rather to exclude him , than to leave him the name , and place the power in a regent . for they could not but look upon it as folly , to expect that one of his temper , bred up in such principles in politicks , as made him in love with arbitrary power , and bigotted in that religion , which allewise propagates it self by blood , would patiently bear these shackles , which would be very disgustful unto a prince of the most meek disposition . and would he not thereby have been provok't to the utmost fury and revenge , against those who laid them upon him ? this would certainly have bread a contest , and these limitations of power proposed to keep up the government , must unavoidably have destroyed it , or the nation , ( which necessity would have forced into a war in its own natural defence ) must have perished either by it or with it . the success of such controversies are in the hand of god , but they are undertaken upon too unequal terms , when the people by victory can gain no more , than what without hazard may be done by law , and would be ruin'd if it should fall out otherwise . the duke with papists might then make such a peace , as the romans are said to have made once in our desolated countrey , by the slaughter of all the inhabitants able to make war , & ubi solitudinem faciunt pacem appellant . this is the happy state they present unto us , who condemn the parliament for bringing in a bill of exclusion . this is the way to have such a peace as the spaniards , for the propagation of the gospel made in the west-indies , at the instigation of the jesuites , who govern'd their councels . and seeing they have the duke no less under their power and directions , we may easily beleive they would put him upon the same methods . but as it is not to be imagined , that any nation that hath vertue , courage and strength equal unto the english , will so tamely expect their ruine , so the passing a bill to exclude him may avoid , but cannot ( as the declaration phraseth it ) establish a war. but if there must be a war , let it be under the authority of law , let it be against a banished excluded pretender . there is no fear of the consequence of such a war. no true englishman can joyn with him , or countenance his usurpation after this act ; and for his popish and forreign adherents , they will neither be more provok'd , nor more powerful by the passing of it . nor will his exclusion make it at all necessary to maintain a standing force , for preserving the government , and the p●●ce of the kingdom . the whole people will be an army for that purpose , and every heart and hand will be prepared to maintain that so necessary , so much desired law. a law for which three parliaments , have been so earnest with his majesty , not only in pursuance of their own judgments , but by the direction of those that sent them . it was the universal opinion of the papists , that mary queen of scots , was excluded only by an act of parliament , and yet we see queen elizabeth reigned gloriously and peaceably forty years , without any standing force . but our ministers do but dissemble with us , when they pretend to be so much afraid of a standing army . we know how eagerly they have desired , and how often they attempted to establish one . we have seen two armies raised with no other design , as has been since undenyably proved , and one of those they were so loath to part with , that more than one act of parliament was necessary to get it disbanded . and since that , they have increased the guards to such a degree , that they are become a formidable standing force . a thing so odious to a free people , that the raising of one single regiment in spain , within these six years , under colour of being a guard for the kings person , so inflamed the nation , that a rebellion had ensued , if they had not been disbanded speedily . the nobility and gentry of that kingdom , looking upon themselves as their kings natural guard , scorned that so honorable a name should be given to mercenaries . but as his majesty was perswaded to resolve against the expedient proposed , to secure our peace by excluding the duke , so it is evident that nothing was intended by those other ways , which were darkly and dubiously intimated in his majesties speech unto the parliament at oxford , and repeated in the declaration ; and his majesty in his wisdom could not but know that they signified nothing . and those who spake more plainly in proposing a regency as an expedient , did in publick and private declare , they believed the duke would not consent unto it , nor unto any unusual restriction of the royal power . so that they could have no other design therein , than a plausible pretence to delude the parliament and people . some such consideration induced them to revive the distinction between the kings personal and politick capacity , by separating the power from the person , which we have reason to believe they esteemed unseasable . however it is more than probable that the jesuites , casuists , and popish lawyers would reject it , as well as any thing else that might preserve us from falling under his power . and the pope who could absolve king john , henry the third and others , from the oaths they had taken , to preserve the rights and liberties of their subjects , might with the same falicity dissolve any that the duke should take . and as our histories restifie what bloody wars were thereby brought upon the nation , we have reason to believe , that if the like should again happen , it would be more fatal unto us , when religion is concerned which was not then in question . would not his confessor soon convince him , that all laws made in favour of heresie are void ? and would he not be liable to the heaviest curses , if he suffered his power to be used against his religion ? the little regard he hath to laws whilst a subject , is enough to instruct us what respect he would bear to them if he should be a king. shall we therefore suffer the royal dignity to descend on him , who hath made use of all the power , he has been entrusted with hitherto , for our destruction ? and who shall execute this great trust ? the next heir may be an infant , or one willing to surrender it into his hands . but should it be otherwise , yet still there is no hope of having any fruit of this expedient without a war , and to be obliged to swear allegiance to a popish prince , to own his title , to acknowledge him supream head of the church , and defender of the faith , seems a very strange way of entitling our selves to fight with him . the two reasons which the declaration pretends to give against the exclusion , are certainly of more force against the expedient . a standing force would have been absolutely necessary , to have plac'd and kept the administration in protestant hands ; and the monarchy it self had been destroy'd by a law , which was to have taken all sort of power from the king , and made him not so much as a duke of venice . how absurdly and incoherently do these men discourse ? sometimes the government is so divine a thing , that no human law can lessen or take away his right , who only pretends in succession , and is at present but a subject . but at other times they tells us of acts of parliament to banish him out of his own dominions , to deprive him of all power , of his whole kingship after he shall be in possession of the throne . the cheat of this expedient appear'd so gross in the house of commons , that one of the dukes professed vassals , who had a little more honour than the rest , was asham'd of it , and openly renounced the project which they had been forming so long , and thought they had so artificially disguised . but though it was so well exposed in the house , yet the ministers thought the men without doors might be still deceived , and therefore they do not blush to value themselves again upon it in their declaration . as for the insinuation which follow 's , that there was reason to beleive that the parliament would have passed further to attempt other great and important changes at present . if it be meant any change of the constitution of the government , 't is a malicious suggestion of those men , who are ever instilling into his majesties mind ill thoughts of his parliament , since no vote nor proposition in either house could give any ground for such suspicion , and therefore in this matter the people may justly accuse the court , ( who so often cry out against them for it ) of being moved by causeless fears and jealousies . and for his maj●sty to be perswaded to arraign the whole body of his people , upon the ill grounded surmises , or malicious and false suggestions of evil and corrupt men about him , doth neither well become the justice of a prince , nor is agreeable to the measures of wisdom ; which he should govern himself , as well as rule his people by . and if an attendance to the slanderous accusations of persons , who hate parliaments , because their crimes are such that they have reason to fear them , govern and sway his royal mind , there can never want grouds for the dissolution of any parliaments . but if they mean by attempting great and important changes , that they would have besought his majesty , that the duke might no longer have the government in his hands , that his dependents should no longer preside in his councils , no longer possess all the great trusts and offices in the kingdom , that our ports , our garrisons , and our fleets should be no longer governed by such as are at his devotion , that characters of honour and favour should be no longer plac'd on men , that the wisdom of the nation hath judged to be favourers of popery , or pensioners of france . these were indeed gre●t and important changes , but such as it becomes english men to believe were designed by that parliament . such as will be designed and prest for by every parliament , and such as the people will ever pray may at last find success with the king. without these changes , the bill of exclusion would only provoke , not disarm our enemies , nay the very money which we must have paid for it , would have been made use of to secure and hasten the dukes return upon us . we are now come to the consideration of that only fault which was peculiar to the parliament at oxford , and that was their behaviour in relation to the business of fitz-harris . the declaration says , he was impeached of high-treason by the commons , and they had cause to think his treasons to be of such an extraordinary nature , that they well deserved an examination in parliament . for fitz-harris a known irish papist appear'd by the informations given in the house , to be made use of by some very great persons to set up a counterfeit protestant conspiracy , and thereby not only to drown the noise of the popish plot , but to take off the heads of the most eminent of those , who still refused to bow their knees to baal . there had been divers such honest contrivances before , which had unluckily fail'd , but the principal contrivers avoided the discovery , as the others did the punishment ; in what manner , and by what helps , the whole nation is now pretty sensible . being warned by this experience they grew more cautious than ever , and therefore that the treason which they were to set on foot , might look as unlike a popish design as was possible , they fram'd a libel full of the most bitter invectives against popery and the duke of york , it carried as much seeming zeal for the protestant religion , as coleman's declaration , and as much care and concern for our laws , as the penners of this declaration would seem to have . but it was also filled with the most subtile insinuations , and the sharpest expressions against his majesty that could be invented , and with direct and passionate incitements to rebellion . this paper was to be conveyed by unknown messengers , to their hands who were to be betray'd , and then they were to be seized upon , and those libels found about them , were to be a confirmation of the truth of a rebellion , which they had provided witnesses to swear was designed by the protestants , and had before prepared men to believe by private whispers . and the credit of this plot should no doubt have been soon confirmed , by speedy justice done upon the pretended criminals . but as well laid as this contrivance seems to be , yet it spoke it self to be of a popish extraction . 't is a policy the jesuites have often used ▪ to divert a storm which was falling upon themselves . accordingly heretofore they had prepared both papers and witnesses , to have made the puritans guilty of the gunpowder treason , had it succeeded as they hoped for . the hainous nature of the crime , and the greatness of the persons supposed to be concern'd , deserved an extraordinary examination , which a jury , who were only to enquire whether fitz-harris was guilty of framing that libel , could never make ; and the commons believed none but the parliament was big enough to go through with . they took notice that the zeal or courage of inferiour courts was abated , and that the judges at the trial of wakeman and gascoign ( however it came to pass ) behaved themselves very unlike the same men they were , when others of the plotters had been tryed . they had not forgot another plot of this nature discovered by dangerfield , which though plainly proved to the council , yet was quite stifled by the great deligence of the kings bench , which rendred him as an incompetent witness . nor did they only fear the perversion of justice , but the misapplication of mercy too . for they had seen that the mouths of gadbury and others , as soon as they began to confess , were suddainly stopt by a gracious pardon . and they were more jealous than ordinary in this case , because when fitz-harris was inclined to repentance and had begun a confession , to the surprize of the whole kingdom , without any visible cause , he was taken out of the lawful custody of the sheriffs , and shut up a close prisoner in the tower. the communs therefore had no other way to be secure that the prosecution should be effectual , the judgment indifferent , and the criminal out of all hopes of a pardon ( unless by an ingenuous confession he could engage both houses in a powerful mediation to his majesty in his behalf ) but by impeaching of him , they were sure no pardon could stop their suit , though the king might release his own prosecution by his pardon . hitherto the proceedings of the commons in this business could not be lyable to exception , for that they might lawfully impeach any commoner before the lords , was yet never doubted . the lords themselves had agreed that point , when the day before they had sent down the plea of sir william scroggs to an impeachment of treason , then depending before them . and they are men of strange confidence , who at this time of day take upon them to deny a jurisdiction of the lords , which hath been practised in all times without controul , and such a fundamental of the government , that there could be no security without it , were it otherwise , it would be in the power of the king , by making commoners ministers of state , to subvert the government by their contrivances when he pleased . their greatness would keep them out of the reach of ordinary courts of justice , and their treasons might not perhaps be within the statutes , but such as fall under the cognisance of no other court than the parliament ; and if the people might not of right demand justice there , they might without fear of punishment , act the most destructive villanies against the kingdom . as a remedy against this evil , the mirrour of justice tells us , that parliaments were ordained to hear and determine all complaints of wrongful acts , done by the king , queen , or their children , and such others against whom common right cannot be had elsewhere . which as to the king , is no otherwise to be understood , than that if he erre by illegal personal commands or orders , he is to be admonished by parliament , and addressed unto for remedy , but all others being but subjects , are to be punished by parliaments , according to the laws of parliaments . if the ends were well considered for which parliaments were ordained , as they are declared in the statute ; item for maintenance of the said articles and statues , ( viz. magna charta , &c. ) a parliament shall be holden every year , by them as well as by the forgoing ancient authority , none could be deceived by the parliament rol. of ed. . where it is mentioned as accorded between the king and his grands ( that is his lords ) that judgement of death , given by the peers against sir simon de beresford , matrever , and others , upon the murder of king ed. . and his uncle , should not be drawn into example , whereby the peers might be charged to judge others than their peers , contrary to the law of the land , if such a case should happen . for whereas from this record , some would perswade us that the lords are discharged from judging commoners , and that our ancient government is alter'd in this case by that record , which they say is an act of parliament . the stile and form of it is so different from that which is used in acts of parliament , that many are inclined to beleive it to be no other thing , than an agreement between the king and the lords . but to remove all future scruples in the case , let it be admitted to be an act of parliament , and if there be nothing accorded in it , to acquit the lords from trying commoners impeached before them by the commons in parliament , then we hope that shame will stop their mouths , who have made such a noise against the commons with this record . first , it is evident from the roll it self with other records , that the lords did judge those commoners contrary to the law of the land , that is , at the instance of the king , and the prosecution of their enemies , without the due course of the law ; or calling them to make their defence , and ( for ought appears ) without legal testimony . secondly , it is evident , that they were driven upon this illegal proceeding , by the power and authority of the king , and some prosecutors , who earnestly pressed the lords thereunto , upon pretence of speedily avenging the blood of the former king and his uncle . so that the judgement was given at the kings suit , in a way not warranted by the law and custom of parliament , or any other law of the kingdom . surely when the lords blood was suffered to cool , they had reason to desire something might be left upon record , to preserve them for the future from being put upon such shameful work , though such a case as the murder of a king should again happen , as it seems they did not fear to be pressed in any other , so to violate the laws . but thirdly , there is not a word in the record , that imports a restriction of that lawful jurisdiction , which our constitution placeth in the lords to try commoners , when their cases should come before them lawfully , at the suit of the commons by impeachment . there is no mark of an intention to change any part of the ancient government , but to provide against the violation of it , and that the law might stand as before notwithstanding the unlawful judgment they had lately given . so that the question is still the same , whether by the law of the land , that is the law and custom of parliament , or any other law , the lords ought to try commoners impeached by the commons in parliament , as if that record had never been . and we cannot think that any man of sence , will from that record make an argument in this point , since it could be no better than to infer , that because the lords are no more to be pressed by the the king , or at his suit , to give judgement against commoners contrary to the law of the land , when they are not impeached in parliament , therefore they must give no judgment against them at the suit of the commons in parliament , when they are by them impeached , according to the laws and customs of parliament . but if such as delight in these cavils had searched into all the records relating unto that of the edw. . they might have found in the of the same king , a writ issued out to suspend the execution of the judgment against matrevers , because it had been illegally passed . and the chief reason therein given , is , that he had not been impeached , and suffered to make his defence . but it was never suggested nor imagined , that the lords who judged him , had no jurisdiction over him because he was a commoner , or ought not to have exercised it , if he had been impeached . nor was it pretended that by magna charta he ought to have been tryed only by his peers ; the laws of the land therein mentioned , and the laws and customs of parliaments , being better known and more reverenced in those dayes , than to give way to such a mistake . they might also have found by another record of the . of the same king , that by undoubted act of parliament matravers was pardon'd , and the judgment is therein agreed by the lords and commons to have been illegal , and unjustly passed by the violent prosecution of his enemies , but it is not alledged that it was coram non judice , as if the lords might not have judged him , if the proceedings before them had been legal . but as the sence and proceedings of all parliaments , have ever been best known by their practice , the objectors might have found by all the records since the edw. . that commoners , as well as lords ; might be , and have been impeached before lords , and judged by them to capital or other punishments , as appears undenyably to every man that hath read our histories or records . and verily the concurrent sence and practice of parliaments for so many ages , will be admitted to be a better interpretation of their own acts , than the sense that these men have lately put upon them to encrease our disorders . but to silence the most malicious in this point , let the famous act of the of edw. . be considered , which hath ever since limited all inferior courts in their jurisdiction , unto the tryal of such treasons only as are therein particularly specified , and reserved all other treasons to the tryal and judgment of parliament . so that if any such be committed by commoners , they must be so tryed , or not at all . and if the last should be allowed , it will follow that the same fact which in a peer is treason , and punishable with death , in a commoner is no crime , and subject to no punishment . nor doth magna charta confine all trials to common juries , for it ordains that they shall be tryed by the judgement of peers , or by the law of the land. and will any man say the law of parliament is not the law of the land ? nor are these words in magna charta superfluous or insignificant , for then there would be no tryal before the constable or marshal , where is no jury at all . there could be no tryal of a peer of the realm upon an appeal of murder , who according to the law , ought in such cases to be tried by a common jury and not by his peers . and since the records of parliaments are full of impeachment of commons , and no instance can be given of the rejection of any such impeachment , it is the commons who have reason to cite magna charta upon this occasion , which provides expresly against the denyal of justice . and indeed it looks like a denyal of justice , when a court that hath undoubted cognisance of a cause regularly brought before them , shall refuse to hear it . but most especially , when ( as in this case ) the prosecutors could not be so in any other court , so as a final stop was put to their suit , though the lords could not judicially know , whether any body else would prosecute else-where . this proceeding of the lords looks the more odly , because they rejected the cause , before they knew as judges what it was , and referred it to the ordinary course of law , without staying to hear , whether it were a matter whereof an inferior court could take cognisance . there are treasons which can only be adjudged in parliament , and if we may collect the sense of the house of commons from their debates , they thought there was a mixture of those kind of treasons in fitz-harris's case . and therefore there was little reason for that severe suggestion , that the impeachment was only designed to delay a trial , since a compleat examination of his crime could be had no where bu● in parliament . but it seems somewhat strange , that the delaying of a tryal , and that against a professed papist charged with treason , should be a matter so extreamly sensible : for might it not be well retorted by the people , that it had been long a matter extreamly sensible to them , that so many prorogations , so many dissolutions , so many other arts had been used to delay the trials , which his majesty had often desired , and the parliament prepared for against five professed popish lords charged with treasons of an extraordinary nature . but above all , that it was a matter extreamly sensible to the whole kingdom , to see such un-parliamentary & mean solicitations , used to promote this pretended rejection of the commons accusation , as are not fit to be remembred . 't is there that the delay of the tryal is to be laid ; for had the impeachment been proceeded upon , and the parliament suffered to sit , f●tz-harris had been long since executed , or deserved mercy by a full discovery of the secret authors of these malicious designs against the king & people . for though the declaration says a tryal was directed , yet we are sure nothing was done in order to it , till above a month after the dissolution . and it hath since raised such questions , as we may venture to say , were never talk't of before in westminster hall. questions which touch the judicature of the lords , & the priviledges of the commons in such a degree , that they will never be determined by the decision of any inferior court , but will assuredly at one time or other have a farther examination . we have seen now that the commons did it not without some ground , when they voted the refusal of the lords to proceed upon an impeachment , to be a denial ●f iustice , and a violation of the constitution of parliaments ; and the second vote was but an application of this opinion to the present case . the third vote made upon that occasion , was no more than what the king himself had allowed , and all the judges of england had agreed to be law , in the case of the five impeached lords , who were only generally impeached , & the parliament dissolved , before any articles were sent up against them . yet they had been first indicted in an inferior court , and preparations made for their tryal , but the judges thought at that time , that a prosecution of all the commons was enough to stop all prosecutions of an inferior nature . the commons had not impeached fitz harris , but that they judged his case required so publick an examinaon , and for any other court to go about to try & condemn him , tho it should be granted to be for another crime , is as far as in them lies to stifle that examination . by this time every man will begin to question , whether the lords did themselves , or the commons right , in the refusing to countenance such a proceeding . but one of the penmen of this declaration has done himself and the nation right , and has discovered himself by using his ordinary phrase upon this occasion . the person is well known without naming him , who always tells men they have done themselves no right , when he is resolved to do them none . as for the commons , nothing was carried on to extremity by them , nothing done but what was parliamentary ? they could not desire a conference , till they had first stated their own case , and asserted by votes the matter which they were to maintain at a conference . and so far were those votes from putting the two houses beyond a possibility of reconciliation , that they were made in order to it , and there was no other way to attain it . and so far was the house of commons from thinking themselves to be out of a capacity of transacting with the lords any farther , that they were preparing to send a message for a conference to accommodate this difference , at the very instant that the black rod called them to their dissolution . if every difference in opinion or vote , should be said to put the two houses out of capacity of transacting business together , every parliament almost must be dissolved as soon as called . however our ministers might know well enough , that there was no possibilty of reconciling the two houses , because they had before resolved to put them out of a capacity of transacting together by a suddain dissolution . but that very thing justifies the commons to the world , who cannot but perceive that there was solemn and good ground for them to desire an inquiry into fitz harris's treason , since they who influence our affairs were so startled at it , that in order to prevent it , they first promoted this difference between the two houses , and then broke the parliament lest it should be composed . there is another thing which must not be past over without observation , that the ministers in this paper take upon them to decide this great dispute between the two houses , and to give iudgment on the side of the lords . we may well demand what person is by our law constituted a judge of their priviledges , or hath authority to censure the votes of one house , made with reference to matters wherein they were contesting with the other house , as the greatest violation o● the constitution of parliaments . they ought certainly to have excepted the power which is here assumed of giving such a judgment , and publishing such a charge , as being not only the highest violation of the constitution , but directly tending to the destruction of it . this was the case , and a few days continuance being like to produce a good understanding between the two houses , to the advancing all those great and publick ends , for which the nation hop'd they were called , the ministers found it necessary to put an end to that parliament likewise . we have followed the writers of the declaration through the several parts of it , wherein the house of commons are reproached with any particular miscarriages , and now they come to speak more at large , and to give caution against two sorts of ill men. one sort they say , are men fond of their old beloved common-wealth principles ; and others are angry at being disappointed in designs they had for accompl●shing their own ambition and greatness . surely if they know any such persons , the only way to have prevented the mischiefs which they pretend to fear from them , had been to have discovered them , and suffered the parliament to sit to provide against the evils they would bring upon the nation , by prosecuting of them . but if they mean by these lovers of common-wealth principles , men passionately devoted to the publick good , and to the common service of their country , who believe that kings were instituted for the good of the people , and government ordained for the sake of those that are to be governed , and therefore complain or grieve when it is used to contrary ends , every wise & honest man will be proud to be ranked in that number . and if common-wealth signifies the common good , in which sence it hath in all ages been used by all good authors , and which bodin puts upon it , when he speaks of the government of france which he calls a republick , no good man will be asham'd of it . our own authors , the mirror of justice , bracton , fleta , fortescue , and others in former times . and of latter years , sir thomas smith , secretary of state in the reign of queen elizabeth , in his discourses of the common-wealth of england , sir francis bacon , cook and others , take it in the same sence . and not only divers of our statutes use the word , but even king james in his first speech unto the parliament , acknowledgeth hmself to be the servant of the commonwealth , and king charles the i. both before and in the time of the war , never expresseth himself otherwise . to be fond therefore of such commonwealth principles , becomes every englishman ; and the whole kingdom did hope , and were afterwards glad to find , they had sent such men to parliament . but if the declaration would intimate that there had been any design of setting up a democratical government , in opposit on to our legal monarchy , it is a calumny just of a peice with the other things which the penners of this declaration have vented , in order to the laying upon others the blame of a design to overthrow the government , which only belongs unto themselves . it is strange how this word , should so change its signification , with us in the space of twenty years . all monarchies in the world , that are not purely barbarous and tyrannical , have ever been called commonwealths . rome it self altered not that name , when it fell under the sword of the caesars . the proudest and cruellest of emperor disdained it not . and in our days , it doth not only belong to venice , genoua , switzerland , and the vnited provinces of the netherlands , but to germany , spain , france , sweden , poland and all the kingdoms of europe . may it not therefore be apprehended that our present ministers , who have so much decryed this word so well known to our laws , so often used by our best writers , and by all our kings untill this day , are enemies to the thing ? and that they who make it a brand of infamy to be of commonwealth principles , ●hat is , devoted to the good of the people , do intend no other than the hurt and mischief of that people ? can they in plainer terms declare their fondness of their beloved arbitrary power , and their design to set it up , by subverting our ancient legal monarchy instituted for the benefit of the commonwealth , than by thus casting reproach upon those who endeavour to uphold it . let the nation then to whom the appeal is made , judge who are the men that endeavour to poison the people , and who they are who are guilty of designing innovations . bracton tells us that potestas regis is potestas legis : it is from the law that he hath his power , it is by the law that he is king , and for the good of the people by whose consent it is made . the liberty and welfare of a great nation , was of too much importance to be suffered to depend upon the will of one man. the best and wisest might be transported by an excess of power trusted with them , and the experience of all times showeth , that princes as men are subject to errors , and might be misled . therefore ( as far as mans wit could foresee ) our constitution hath provided by annual parliaments , . edw. . cap. . that the common-wealth might receive no hurt ; and it is the parliament , that must from time to time correct the mischiefs which dayly creep in upon us . let us then no longer wonder , when we see such frequent prorogations and dissolutions of parliaments ; nor stand amazed at this last unparalell'd effort of the ministers by this declaration to render two parliaments odious unto the people . they well know that parliaments were ordain'd to prevent such mischiefs as they design'd , and if they were suffered to pursue the ends of their institution , would endeavor to preserve all things in their due order . to unite the king unto his people , and the hearts of the people unto the king : to keep the regal authority within the bounds of law , and perswade his majesty to direct it to the publick good which the law intends . but as this is repugnant to the introduction of arbitrary power and popery , they who delight in both , cannot but hate it , and chuse rather to bring matters into such a state as may suit with their private interests , than suffer it to continue in its right channel . they love to fish in troubled waters , and they find all disorders profitable unto themselves . they can flatter the humor of a misguided prince , and encrease their fortunes by the excesses of a wastful prodigal . the phrensie of an imperious woman is easily rendred propitious unto them , and they can turn the zeal of a violent bigot to their advantage . the treacheries of false allies agree with their own corruptions , and as they fear nothing so much as that the king should return unto his people , and keep all things quiet , they almost ever render themselves subservient to such as would disturb them . and if these two last parliaments according to their duty , and the trust reposed in them , have more steddily than any other before them , persisted in the pious and just endeavors of easing the nation of any of its grievances , the authors of the declaration found it was their best course , by false colors put upon things , & subtile misrepresentations of their actings to delude the people into an abhorrence of their own representatives , but with what candor and ingenuity they have attempted it , is already sufficiently made known . and if we look about us , we shall find those who design a change , on either hand fomenting a misunderstanding between the king , his parliament and people , whilst persons who love the legal monarchy both out of choice and conscience , are they who desire the frequent and successful meetings of the great council of the nation . as for the other sort of peevish men , of whom the declaration gives us warning , who are angry at the disappointment of their ambitious designs ; if these words are intended to reflect on those men of honor and conscience , who being qualified for the highest employments of state , have either left , or refused , or been removed from them , because they would not accept or retain them at the price of selling their country , and enslaving posterity : and who are content to sacrifice their safety as well as their interest for the publick , and expose themselves to the malice of the men in power , and to the dayly plots , perjuries , and subornations of the papists . i say , if these be the amb●tious men spoken off , the people will have consideration for what they say , and therefore it will be wisdom , to give such men as these no occasion to say , that they intend to lay aside the use of parliaments . in good earnest the behavior of the ministers of late , gives but too just occasion to say , that the use of parliaments is already laid aside . for tho his majesty has owned in so many of his speeches and declarations , the great danger of the kingdom , and the necessity of the aid and counsel of parliaments , he hath nevertheless been prevailed upon to dissolve four in the space of months without making provision by their advice suitable to our dangers or wants . nor can we hope the the court will ever love any parliament better , than the first of those four , wherein they had so dearly purchased such a number of fast friends ; men who having first sold themselves , would not stick to sell any thing after . and we may well suspect they mean very ill at court. when their designs shock't such a parliament . for that very favourite parliament no sooner began in good earnest to examin what had been done , and what was doing , but they were sent away in hast and in a fright , though the ministers know they lost thereby a constant revenue of extraordinary supplies . and are the ministers at present more innocent , than at that time : the same interest hath the ascendant at court still , and they have heightned the resentments of the nation , by repeated affronts ; and can we beleive them that they dare suffer a parliament now to sit. but we have gain'd at least this one point by the declaration , that it is own'd to us , that parliaments are the best method , for healing the distempers of the kingdem , and the only means to preserve the monarchy in credit both at home and abroad . own'd by these very men who have so maliciously rendred many former parliaments ineffectual , and by this declaration have done their utmost to make those which are to come as fruitless , and thereby have confessed that they have no concern for healing the distempers of the kingdom , and preserving the credit of the monarchy ; which is in effect to acknowledge themselves , to be what the commons called them , enemies to the king and kingdom . nothing can be more true , then that the kingdom can never recover it's strength and reputation abroad , or its ancient peace and settlement at home , his majesty can never be releived from his fears and his domestick wants , nor secure from the affronts which he dayly suffers from abroad , till he resolves not only to call parliaments , but to hearken to them when they are called . for without that , it is not a declaration , it is not repeated promises , nay it is not the frequent calling of parliaments which will convince the world , that the use of them is not intended to be laid aside . however we rejoyce , that his majesty seems resolved to have frequent parliaments , and hope he will be just to himself , and us , by continuing constant to this resolution . yet we cannot but doubt in some degree , when we remember the speech made jan. . to both houses , wherein he told them , that he was vnalterably of an opinion , that long intervals of parliaments were absolutely necessary , for composing & quieting the minds of the people . therefore , which we ought rather to beleive , the speech or the declaration ; or which is likely to last longest , a resolution or an unalterable opinion , is a matter too nice for any but court criticks to decide . the effectual performance of the last part of the promise , will give us assurance of the first . when we see the real fruits of these utmost endeavours to extirpate popery out of parliament ; when we see the d. of york no longer first minister , or rather protector of these kingdoms , and his creature 's no longer to have the whole direction of affairs ; when we see that love to our religion and laws is no longer a crime at court ; no longer a certain forerunner of being disgr●c'd and remov'd from all offices and employments in their power wh●n the word loyal ( which is faithful to the law , ) shall be restored to its old meaning , & no longer signifie one who is for subverting the laws ; when we see the commissions fill'd with hearty protestants , & the laws executed in good earnest against the papists , the discoverers of the plot countenanc'd , or at least heard , and suffered to give their evidence , the courts of justice steady and not avowing a jurisdiction one day , which they disown the next ; no more grand juries discharg'd , least they should hear witnesses , nor witnesses hurried away , least they should inform grand juries ; when we see no more instruments from court labouring to raise jealousies of protestants at home , and some regard had to protestants abroad ; when we observe somewhat else to be meant by governing according to law , then barely to put in execution against dissenters , the laws made against papists ; then we shall promise our selves not only frequent parliaments , but all the blessed effects of pursuing parliamentary counsels , the extirpation of popery , the redress of greivances , the flourishing of laws , and the perfect restoring the monarchy to the credit , which is ought to have , ( but which the authors of the declaration confess it wants ) both at home and abroad . there needs no time to open the eyes of his majesties good subjects , and their hearts are ready prepared to meet him in parliaments , in order to perfect all the good settlement and peace , wanting in church and state. but whilst there are so many little emissaries imployed to sow and encrease divisions in the nation , as if the ministers had a mind to make his majesty the head of a faction , and joyn himself to one party in the kingdom , who has a just right of governing all ( which thuanm lib. . says , was the notorious folly , and occasioned the destruction of his great grand mother mary queen of scots ) whilst we see the same d●fferences promoted iudustriously by the court , which gave the rise and progress to the late troubles , and which were once thought fit to be buried in an act of oblivion . vvhilst we see the popish interest so plainly countenanced , which was then done with caution ; when every pretence of pretogative is strained to the utmost height , when parlaiments are used with contempt and indignity , and their judicature , & all their highest priviledges brought in question in inferior courts , we have bu● too good cause to believe , that though every loyal and good man does , yet the ministers and favourites , do but little consider the rise and progress of the late troubles , and have little desire or care to preserve their country from a relapse . and who as they never yet shewed regard to religion , liberty or property , so they would be little concern'd to see the monarchy shaken off , if they might escape the vengeance of publick justice , due to them for so long a course of pernicious counsels , and for crowning all the rest of their faults by thus reflecting upon that high court , before which we do not doubt but we shall see them one day brought to judgment . thus have we with an english plainness , expressed our thoughts of the late parliaments and their proceedings , as well as of the court in relation to them , and hope this freedom will offend no man. the ministers , who may be concern'd through their appealing unto the people , cannot in justice deny unto any one of them the liberty of weighing the reasons which they have thought fit to publish in vindication of their actions . but if it should prove otherwise , and these few sheets be thought as weak and full of errors , as those we endevour to confute , or be held injurious unto them , we desire only to know in , what we transgress , and that the press may be open for our justification ; let the people to whom the appeal is made judge then between them and us ; and let reason and the law be the rules , according unto which the controversie may be decided . but if by denying this , they shall like beasts recurr to force ; they will thereby acknowledge that they want the arms which belong to rational creatures vvhereas if the liberty of answering be left us , we will give up the cause , and confess , that both reason and law are wanting unto us , if we do not in our reply satisfie all reasonable and impartial men that nothing is said by us , but what is just , and necessary to preserve the interests of the king and his people . nor can there be any thing more to the honour of his majesty : than to give the nations round about us to understand , that the king of england , doth neither reign over a base , servile people , who hearing themselves arraign'd , and condemned , dare not speak in their own defence and vindication ; nor over so silly , foolish and weak a people , as that ill designed , and worse supported paper might occasion the vvorld to think , but that there are some persons in his dominions , not only of true english courage , but of greater intellectuals as well as better morals , than the advisers unto , and penners of the declaration have manifested themselves to be . finis . notes, typically marginal, from the original text notes for div a -e edw. c. . ed. . c. . r. . nu. . speech , oct speech , apr. speech , oct. speech , dec. speech , march , lord chancellors speech . may . address ▪ presented , dec. . address presented nov. . rot part , . h. ▪ nu. . traitte des droits de la reine . on t cette bien heureuse impuissance de ne pouvoir rien faire contre les loys de leur pali . post●●l●● de reb● turcicis . . r . cap. . car. . c . . confirm'd . car. . car. . c. . an & car. c. . tacit. cap. . sect. . pag. . ed. . . rot. parl. ed. . nu. . rot. parl. ●● edw. . m. . rot parl. edw. . m. . co. . iust. . a letter from sir henry vane to sir arthur hasilrig. dated february, . vane, henry, sir, ?- . this text is an enriched version of the tcp digital transcription a of text in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing v thomason e _ this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) a letter from sir henry vane to sir arthur hasilrig. dated february, . vane, henry, sir, ?- . hesilrige, arthur, sir, d. . [ ], , [ ] p. printed for john frost, london : [i.e. ] annotation on thomason copy: "feb. .". reproduction of the original in the british library. eng great britain -- politics and government -- - -- early works to . a (thomason e _ ). civilwar no a letter from sir henry vane to sir arthur hasilrig.: dated february, . vane, henry, sir c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion a letter from sir henry vane to sir arthvr hasilrig . dated february , . london : printed for john frost , . a letter from sir henry vane to sir arthur hasilrig . sir henry to sir arthur sends greeting . if you are diseased in your minde ( as thanks to the devil i am at the writing hereof ) i am very glad . these are to give you notice , that i am safely arrived at my house of bellew , ( praised be the rump ) my daughter is something distempered with such a tedious journey , but more afflicted at the breaking off the match with young lambert . you would do me a great favour therefore in sending down dr. chamberlain , or if he cannot be spared from his synagogue , to pleasure me with the assistance of dr. dun ; he 's a man-midwife , and will serve the turn . but now , good sir , give me leave to tell you , that i take your la●e doings against me very unkindly . come ! had not you better have been under the mis-rule of a committee of safety , that courted your compliance with all the respect imaginable , and had designed you for a titulado upon that account ? you may remember how secure you were during the tyrannous arbitrary reigne of oliver , and how cautiously he demeaned himself towards you , and that not out of dread of your honesty ( for he knew you and i were as arrant rogues as himself ) but because he was sensible the least division or difference amongst rebels would be the ruine of him and his design : and as the devil will have it , it hath through your haire-brain'd impudence , just so fallen out . neverthelesse , i hope i may , on have occasion to thank you too , for your intended injury to me ; for if i were not fit company for you and your knavish gang , then i am fit for honester company , and i may return to the discharge of my trust ( with the same minde and willingnesse as richard cromwell doth his fathers funeral debt ) upon the accounts of a secluded member : and i know no reason why i may not be re-admitted , for i have deserved well of this parliament ; for had not my extravagant counsel● introduced and quickened these commotions , they had been out of doors as well as my self . i give you warning therefore that i am coming to towne , and i will sit there in spight of your teeth , and promote a vote to send you farther than raby , even to jamaica ; and i believe you will returne me my thanks again , for on my seared conscience you know not whither to run , or where to hide your impudent head . but what think you sir of a volunteer for dunkirk ? get you with a horse-pox to portsmouth , and take shipping there , if you can tell how to be let in ; do but see , sir arthur , with halfe an eye , the transitory pomp of this wicked world , i dare warrant you , they would turn taile to you , and tell you that you are a rumper , and highly entertain and caresse your worship with turnip tops ; and send you going with troops of curses to another gheffe holl than westminsters . but yet i have so much respect for you , in my personal reflections upon your merit , that i could wish your . portsmouth-acquired authority had stood : for then i could have opposed my single head-piece against all the plots , and the most cunning devices , the best wits among you could have contrived against me ; now i know not how to deal with these gamesters , that have stood by so long , and i am afraid have seen so much more than we , that we must mend our sight by the spectacles of a grate , and wish we had had eyes in our arse . well sir arthur , we must be fellows in miserie , as well as we have been in mischief ; put in lambert — and three merry boyes are we , though questionlesse there are more of us in the same pickle ; but we three are not onely dip't , but soused over head and ears in it . pray remember my best respects to my lord whitlock : you may , if you please , acquaint alderman tichborne , ireton , and praise-god barebone with this . i think fleetwood and disbrow not worth remembring , but do what you thinke fit . pray excuse the trouble i have put you to by the prolixitie of this ; for i could not chuse but open my selfe to you , as the earth did for abiram . if these lines be not strong enough , let all the hempe in london make one for you . fare ye well . your unlucky complice , henry vane . bellew this of february , . finis . friday the four and twentieth day of december, . resolved by the parliament, that the markets be kept to morrow, being the five and twentieth day of december; ... england and wales. parliament. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) friday the four and twentieth day of december, . resolved by the parliament, that the markets be kept to morrow, being the five and twentieth day of december; ... england and wales. parliament. sheet ([ ] p.) printed by john field, printer to the paliament of england, london : . title from caption and opening words of text. signed: hen: scobell, cleric. parliamenti. reproduction of the original in the british library. eng christmas -- england -- early works to . great britain -- politics and government -- - -- early works to . london (england) -- history -- th century -- early works to . a r (thomason .f. [ ]). civilwar no friday the four and twentieth day of december, . resolved by the parliament, that the markets be kept to morrow, being the five and twen england and wales. parliament. a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion blazon or coat of arms friday the four and twentieth day of december , . resolved by the parliament , that the markets be kept to morrow , being the five and twentieth day of december ; and that the lord major , and sheriffs of london and middlesex , and the iustices of peace for the city of westminster and liberties thereof , do take care , that all such persons as shall open their shops on that day , be protected from vvrong or violence , and the offenders punished . resolved by the parliament , that no observation shall be had of the five and twentieth day of december , commonly called christmas-day ; nor any solemnity used or exercised in churches upon that day in respect thereof . ordered by the parliament , that the lord major of the city of london , and sheriffs of london and middlesex , and the iustices of peace of middlesex respectively , be authorized and required to see this order duly observed within the late lines of communication , and weekly bills of mortality . hen : scobell , cleric . parliamenti . london , printed by john field , printer to the parliament of england . . a soveraign antidote to prevent, appease, and determine our unnaturall and destructive civill warres and dissentions. wherein divers serious considerations tending to this purpose are propounded both to the king and subjects, the parliaments and sir iohn hothams proceedings at hull and in the militia justified, sr iohn hothams actions proved to be neither treason, felony, nor trespas, by the laws of the land, nor any just ground or cause at all for his majestie to rayse an army, or a most unnaturall civill warre in his kingdome. with a most serious exhortation both to the king and subjects to embrace and preserve peace and abandon civill warres, with other matters worthy of consideration. prynne, william, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing p a thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) a soveraign antidote to prevent, appease, and determine our unnaturall and destructive civill warres and dissentions. wherein divers serious considerations tending to this purpose are propounded both to the king and subjects, the parliaments and sir iohn hothams proceedings at hull and in the militia justified, sr iohn hothams actions proved to be neither treason, felony, nor trespas, by the laws of the land, nor any just ground or cause at all for his majestie to rayse an army, or a most unnaturall civill warre in his kingdome. with a most serious exhortation both to the king and subjects to embrace and preserve peace and abandon civill warres, with other matters worthy of consideration. prynne, william, - . [ ], p. [s.n.], london, : printed in the yeare . attributed to william prynne by wing. annotation on thomason copy: "august th". reproduction of the original in the british library. eng hotham, john, -- sir, d. jan. -- early works to . great britain -- history -- civil war, - -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason e _ ). civilwar no a soveraign antidote to prevent, appease, and determine our unnaturall and destructive civill warres and dissentions. wherein divers serious prynne, william f the rate of defects per , words puts this text in the f category of texts with or more defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - elspeth healey sampled and proofread - elspeth healey text and markup reviewed and edited - pfs batch review (qc) and xml conversion a soveraign antidote to prevent , appease , and determine our unnaturall and destructive civill warres and dissentions . wherein divers serious considerations tending to this purpose are propounded both to the king and subjects , the parliaments and sir iohn hothams proceedings at hull and in the militia justified , sr iohn hothams actions proved to be neither treason , felony , nor trespas , by the laws of the land , nor any just ground or c●use at all for his majestie to rayse an army , or a most unnaturall civill warre in his kingdome . with a most serious exhortation both to the king and subjects to embrace and preserve peace and abandon civill warres , with other matters worthy of consideration . prov. . . to the counsellors of peace is joy . mat. . . blessed are the peacemakers , for they shall be called the children of god . london , printed in the yeare . a soveraign antidote to prevent appease , and determine our unnaturall and destructive civill-wars and dissentions . the present deplorable condition of our bleeding and almost expiring kingdom , machinating its owne unevitable ruine by a causelesse , groundles civill warre , intended ( as the parliament informes us ) by the king , a ( seduced through pernicious councellors ) against the parliament and the kingdome , which intention is now apparant by his besieging of hull , and raising an army in the north , hath in a manner constrained me ( though altogether vnable for such a service ) to attempt the speedy redresse of this transcendent calamity , by propounding certaine materiall considerations , both to the king and kingdome , and then by examining ; whether there bee any just cause or ground at all on his maiesties part to levie warre against hull , the parliament , his people , especially whilest the civill-wars in ireland have continuance . to avoid prolixity and obscurity , i shall reduce my considerations unto these ensuing foure propositions , and the deductions from them . first , that it is the bounden duty of every good christian king and subject , to the uttermost of their powers , to preserve and maintaine the peace and prosperity of the kingdomes wherein they live , and to prevent all civill wars and dissentions in them . this proposition being of greatest consequence , i shall be more prolix therein , and it is thus proved . first , by these generall precepts given by god , both to king and people , seeke peace and pursue it , psal. . . pet. . . follow peace with all men , heb. . . as much as in you lyeth live peaceably with all men , rom. . . live in peace , be at peace among yourselves , &c. cor. . . thes. . . ephes. . . col. . . rom. . . have peace one with another , mar. . . secondly , more particularly by the . tim. . . i exhort therefore , that first of all , prayers , intercessions , and giving of thanks be made for all men , for kings , and for all that are in authority , that we may lead a quiet and peaceable life in all godlines and honesty : compared with ier. . . and seeke the peace of the city , whether i have caused you to be carried away captives , and pray unto the lord for it , for in the peace thereof shall yee have peace . thirdly , by that injunction of king david himselfe , given to all his people by divine command , psal. . . , . b pray for the peace of jerusalem , they shall prosper that love thee , peace be within thy wals , and prosperity within thy pallaces , for my brethrens and companions sake , i will now say , peace bee within thee . fourthly , by that speech of good hezechia , isa. . . . king. . . good is the word of the lord which thou hast spoken , for there shall be peace and truth in my dayes . fithly , by the titles given to god and christ in scripture , where god is oft stiled , the god of peace , rom. . . c. . . cor. . . phil. . . thes. . . thes. . . hebr. . . and christ the prince and king of peace , isa. . . heb. . . by the severall promises of god in scripture , to give his people peace in their land , to blesse his people with peace , to ordaine peace for them ; to keep them in perfect peace , &c. levit. . . psal. . . isa. . . . c. . . c. . . c. . . c. . . ezech. . . hag. . . zech. . . . by christs own legacy , who bequeathed his peace unto his people , iohn . . now if god be a god of peace , and christ a prince and king of peace , and both of them give and promise nothing but peace unto their people ; then kings , who are gods c vicegerents , & ought to imitate his example , must endeavour to be kings of peace , and study to the uttermost to preserve the kingdomes and subjects in perfect peace and prosperity , and not to make warre against them . sixthly , this is evident by two excellent speeches of david . psal. . , , . he chose david his servant , and tooke him from the sheep-fold ; from following the ewes great with young , he brought him to feed jacob his people , and israel his inheritance : so he fed them according to the integrity of his heart , and guided them by the skilfullnesse of his hands . by which text it is most most evident , that kings are not absolute d lords , but onely sheepheards or pastors of their people , set over them by god , not to worry or slay , but to feed , guide and seeke their e wellfare , in the integrity of their hearts , to rule them with all gentlenesse , care and vigilancy , provide for their security , isa. . . ezech. . . to . and if occasion be , to lay down their very lives for the safety of their flocks , as good sheepheards are willing to do . iohn . . . . and as king david desired to do , in this d . speech of his , worthy all princes consideration ; hee seeing the angell that smote the people , spake thus unto the lord , lo , i have sinned and dealt wickedly , but these sheep what have they done ? let thy hand i pray thee , be against mee and my fathers house , but not on the people that they should be plagued . sam. . . chron. . . answerable whereunto is that speech of the matchlesse governour moses ( most zealous for his peoples safety ) who desired god to blot him out of his booke , rather then to destroy the israelites under his charge for their sin of idolatry , exod. . . and when god said unto him , let me alone that i may consume them ; for they are a stiffenecked people , and i will make of thee a great nation : he utterly refused this offer , and continued expostulating the case with god in prayer in the israelites behalfe , beseeching him to turne from his fierce wrath , and to repent of the evill against his people , till hee caused god to repent of the evill which he thought to doe unto his people , exod. . . to . numb. . . to . o that all christian kings and princes were now so zealous of their peoples safety ( as in truth they ought to be ) they durst not then leavy warre against them , much lesse excite them to shed one anothers bloud . if these divine precepts and examples bee not sufficient to cleare this shining truth , i shall adde some humane authorities to ratifie it , and that both of pagans and christians : to begin with pagans resolutions , it was a worthy saying of f pelopidas , when , going forth to battle , his wife wished him to save himselfe , others ( quoth he ) are to looke to this , but a prince and emperour ought to take care how he may save his subjects , g a good prince ( writes q● . curtius ) esteemes the safety of his subjects more deare unto him then his owne life . it is an excellent observation of h seneca , that though all other bees have stings , which they leave in the wound yet the king among the bees hath no sting at all , for nature would not have him to be cruell , nor revengefull to his cost and therefore hath taken away his sting , and left his anger unarmed ▪ this should be a great example to mighty kings , let them be not ashamed to learne manners from small creatures , seeing the minds of men ought to be more moderate , by how much the more vehemently it may do harme : security is to be gained by mutuall security , &c. kings have one impregnable fortification , the love of their subjects ; which they shall then be sure of , when they deeme the common-wealth not to be theirs , but they to be the common-wealths . and he concludes thus , i there is no ornament more worthy and more becomming a princes highnesse , then that crown ob c●ves servatos , for preserving and saving his subjects : not hostile armes taken from the conquered , not the chariots of the barbarians died with blood not the spoiels gained in warre . many more instances of this nature , i pretermit for brevity , to passe from pagans to christians , k constantine the great was wont to say , that an emperour ought to spare , no not his owne members , for the preservation of the peoples tranquility . pope elutherius in his l epistle to our king lucius , the first christian king , about the yeare of our lord . writes thus to him . the nations and people of the kingdome of britaine are yours , which being divided , you ought to congregate and reduce into one , to concord and peace : and to faith , and the law of christ , and to the holy church , to cherish , protect , maintain , governe and defend them from injurious and malicious persons and enemies . a king is named from governing not from a kingdome ; thou shalt be a king whilest thou rulest well , which unlesse thou shalt do , the name of a king shall not remaine in thee , and thou shalt loose the name of a king which god forbid . finally to close up this proposition ; the kings of england ( and so the emperours with most other christian princes ) doth take this solemn oath , and make this serious protestation to their subjects at the coronation , m i will keepe peace and godly agreement intirely ( according to my power ) both to god , the holy church , the clergy and the people . by which oath they are obliged , under pain of highest perjury , to preserve the generall peace of the kingdome and people ; to avoid all civill warres , unlesse in case of their subjects open rebellion , not any otherwise to be suppressed but by a warre against them : and not to arme one subject , to assault or destroy another . neither is this a late devised oath , in henry the fourth his time , but king henry the first , king stephen , richard the first , king john , and henry the third , ( as mathew paris records in their lives ) tooke the same oath at their coronations , and promised faithfully to fullfill it , and all our other kings since have done the like . from this first proposition , thus aboundantly ratified , these conclusions necessarily ensue . first , that his majestie cannot without great sin and willfull perjury rayse a civill warre against the parliament and kingdome , and excite his loving subjects ( who have lived in peace for so many yeares , and are all of one nation , one religion , one flesh and blood ) without any just cause , most unnaturally to destroy and murther one another , and so to ruine their owne native countrey and undoe themselves and their posterity . secondly , that no faithfull subjects ought to foment or promote such an unreasonable , unnaturall civill warre , or give any assistance to it in the least degree upon any considerations whatsoever , but to the uttermost of his power by his prayers and all other lawfull meanes to prevent oppose and withstand it , for the preservation both of the king , kingdome , parliament , their own liberties , inheritances , lives , persons , families e●tates and religion , and to unite all their forces to ●●●inguish the ●●●ames of civill dissentions already kindled among us . thirdly , that those malignant spirits who counsell and instigate his majestie to a civill-warre against his parliament and people , are most unnaturall vipers , and traytours to their coun●rey , desperate rebells against god , and most execrable wicked persons , and so god himselfe hath proclaimed them to all the world , isa. . . to . they hatch cokatrice egges , and weave the spiders webb ; he that eateth of their egges dyeth , and that which is crushed breaketh out into a viper , their workes are workes of iniquity , and the act of violence is in their hands , their feet run to evill , and they hast to shed innocent blood , their thoughts are thoughts of iniquity , wasting and destruction is in their paths , the way of peace they know not , & there is no judgment in their goings , they have made them crooked paths , whosoever goeth therein shall not know peace . and rom. . . to . their throat is an open sepulere , with their tongues they have used deceit , the poyson of aspes is under their lips , their mouth is full of cursing and bitternesse , their feet are swift to shed blood , destruction and misery are in their wayes , and the ●ay of peace they have not known , there is no feare of god before their eyes . o , miserable unhappy princes who are advised , seduced by such pernicious counsellors ! o rash i considerate wretched people , who are besotted by them , so farre as to take up armes against their native countrey , to b●come their own , their brethrens , the parliaments , and kingdomes executioners , and thereby most * detestable traytours ! as all such who take up armes against the parliament are adjudged , to be in the parliament of . r. . the record whereof was published in print by order of both houses , may . . to which i shall referre you . fourthly , that if the king against his oath and office , will without just cause make warre upon his parliament and kingdome , they may lawfully take up armes for the preservation of the kingdomes peace , and their owne just defence , for when the king who should protect them , will against the trust and duty of his royall dignity , set himselfe to destroy them ; they having no other protection , may justly protect and defend themselves , even as souldiers , children , wives , servants , may by the equity of all laws , lawfully by open force defend themselves against the bloody assaults and violence of their generalls , parents , husbands , masters , who seeke to take away their lives , though in all lawfull things they ought to be subject and obedient to them : if a king should causelesly run at a subject with a naked sword to kill him , the subject may lawfully put by his thrust and defend his life , which a king ha●h no power to take away , * but upon just grounds after a legall triall , and that in a legall , not an extraordinary way , much more then may the whole parliament and kingdome withstand a kings open causelesse hostility against them , to preserve themselves and the kingdome from destruction . this is evident even by divine authority , as namely by the example of david , who though a subject n tooke up armes and raysed an army to defend himselfe against king saul his soveraign , who causelesly made warre against him and sought his life , and though he still avoyded saul , and twice refused to hurt or murther his person , when he was in his power , because he was gods anointed : yet no doubt had saul assaulted him with his armie , he would have defended himselfe against him in battel : nay , this is manifest in an higher degree by that most observable passage in the of samuel . . to . where when king saul had made a rash vow , that whosoever had tasted any thing that day , ( contrary to his command , whiles he pursued the philistines ) he should dye the death , though it were jonathan his sonne , who procured that victory and the lot fell upon jonathan , who did but tast a little honey on the top of his rod , who said , and lo i must dye for this ; saul answered , god do so , and more also , for thou shalt surely dye jonathan ; the people thereupon said to saul ( notwithstanding , he were their king , and had made two such solemne oaths ) shall jonathan die , who hath wrought this great deliverance in israell god forbid ; as the lord liveth , that shall not one haire of his head fal to the ground , for he hath wrought with god this day , so the people rescued ionathan , that he died not . here the people not only justly defend , but rescue jonathan , being an innocent from death , not onlie contrarie to the resolution , but vowes and oaths of their owne king , to put him to death , and so doubtlesse they would have defended themselves by force in the like case . there is a notable place to this purpose in the of kings , . to . chron. . . to . where when the ten tribes ( through rehoboams following of the rash counsell of the young men ) revolted and rebelled against him , being their lawfull king , and made ieroboam king over them , rehoboam , as soon as he fled from them and came to ierusalem assembled all the tribe of iudah , and the house of benjamin , an hundred and fourscore thousand men , which were warriers , to fight against the house of israel : ( who rebelled and revolted ) to bring the kingdome againe to rehoboam the sonne of solomon . but the word of god came to shemajah the man of god , saying speake unto rehoboam the king of iudah , and unto all the house of judah and benjamin , and to the remnant of the people , saying . thus saith the lord , you shall not go up to fight against your brethren the children of israel , ( though rebells ) returne every man to his house , for this thing is from me . they hearkned therefore to the word of the lord , and returned to depart , according to the word of the lord , from going against ieroboam and their brethren . here god himselfe prohibits both king and people to raise a civill-warre against their brethren , though rebells and revol●ers in the highest degree , and they both lay downe armes hereupon for the present . and when rehoboam and abijah his sonne afterwards made warre upon them ; they did lawfully resist and oppose them , kings . . c. , . chron , , . and chap. . throughout . so the men on tirzah , being beseiged by king omri to take zimri , lawfully defended themselves for a time , kings , , . and thus did those of bethmaachan against ioab , sam. , . to . to passe from scripture presidents . infinite are the examples in histories of subjects ( who by the very dictate law of natur , wch instructeth every creature to defend it selfe against unjust violence ) defended themselves in all ages against the assaults oppressions and groundlesse warres of their unnaturall princes . but the many late examples of this kinde of the protestants in france , germany , and bohemia , who have by open force defended their persons , estates , religion , against those popish kings and governours , who have causelesly levyed warre against them , ( which act of theirs all protestants affirme to be lawfull both by the lawes of nature , god and man ) and our owne domesticke examples of the long continued barons warres both in king iohns , o king henry the thirds , edward the seconds , and richard the seconds reignes who took up armes against these princes , for the just defence , preservation , and establishment of the laws and liberties of the kingdome ( which these princes contended to subvert ) even in times of popery ; which act of theirs , by the prelates , clergy and people of those times , and by all succeeding ages since ; was and hath been resolved , not onely lawfull , but p honest , just and honourable , and worthy eternal encomiums , by meanes whereof our kingdome hath quietly enjoyed those lawes and liberties , which they contended for , ever since , which otherwise had been long agone utterly lost , and the kingdome with them ; will aboundantly suffice to cleare and ratifie this conclusion , beyond all contradiction or excep●ion of any malignant spirits . fifthly , that it is lawfull and necessary for the parliament for the preservation of the kingdomes peace , and safety , its necessary defence , and the better prevention of civill-warres , to settle the militia , and secure the magazines of the realme by such meanes as may most effectually advance and accomplish this great much opposed worke , since his majestie hath refused to passe a bill to accomplish it . neither is this way of setling the militia a novelty , but the most ancient practice and custome of this kingdome , for it appeares by king * edwards lawes , that in his and former ages the lievtenants and supream commanders of the mlitia in every county , were elected ; per commune concilium , pro communi v●ilitate regni , per provincias et patrias vniversas , et per singulas comitatus , in ●leno fulkemots ▪ by the common-counsell , for the common utility of the realm ; through every province , countrey and county , in a full falkmoth or county court by the freeholders of the county . and if the freeholders in ancient times did thus in every county elect their lievtenants and captaines of their militia , to train and order them ; yea , and the high sheriffs too , who had the command of the whole power of the county , whom they then likewise elected as appeares by the same law of king edward ) by the same reason , and greater may the whole parliament in this case of necessity lawfully elect them now , without any impeachment to his majesties prerogative . sixthly that his majesties late commissions of array , to enforce one subject to take up armes against another , in effect to maintain a civill-warre , & to imprison those who refuse , contrary to the expresse letter of magna charta , c. . the late petition of right . caroli , ( in the answer whereunto his majestie professeth that it is his maxime , that the peoples liberty strengthens the kings prerogative , and that the kings p●erogative is to defend the peoples liberties : ) is directly q against the law , and his majesties coronation oath , as the parliament hath now lately proved it . seventhly , that to disswade and divert his majestie from this civill-warre , and shedding the blood of his innocent subjects , will be a most acceptable and meritorious service both to god , the king himselfe , and the whole realme . to god it must be so because he is a god of peace , abhorring all unnaturall civill-warres , as is formerly demonstrated . to the king himselfe it must be so , because it will exempt him from the guilt of perjury in violating his oath , from the guilt of innocent blood and murther , in causing his people causelesly to sheath their swords in one anothers bowells ; and from many other sinnes and mischiefs . to the whole kingdome it must be so , which desires peace and unity , & abhors the very thought , much more the sight of an unnaturall civill-warre , which will now in all probability , as things stand abroad and at home procure aboundance of misery , if not utter ruine both to king and people . when r david by reason of nabals churlish answer , had taken up a peremptorie resolution , by the morning light to slay every one of nabals houshold that passed against the wall abigail nabals wife hearing of it , went & met david and his army in his march to do this execution and by her presents and prudent speech , diverted him from this his resolution . whereupon david said to abigail , sam. . , . blessed be the lord god of israel which sent thee this day to meet mee , and blessed be thy advice , and blessed be thou , which hast kept me this day from comming to shed blood and from ave●ging my selfe with mine own hand . o , that some discreet man or woman , could now divert his majestie from his intended civill-warre against hull , the parliament and kingdome , as abigail here did david , cert●●nely it would cause his majestie upon due consideration , to breake out into davids words , and to blesse both god , their advice , and them , for keeping him from shedding his owne subjects innocent blood , & from avenging hims●●lfe with his own hand ; neither of which becomes a gracious prince and may prove destructive both to himselfe , his people , and kingdomes . the second proposition . the second proposition is this : that the king ought not to deny or deferr justice or right to any of his subjects , much lesse to the whole kingdom . this is manifested both by the expresse words of magna cha●ta c. . nul●● vendemus , nulli negabimus vel differemus justisiam v●l rec●●● and by many excellent statutes since , as e. . c. . e. . c. . e. . c. , . rev. . cap. . it will then be worthy his majsties serious second thoughts to consider . first whether his voluntary withdrawing himselfe from his parliament to york , ( which hath much retarded , if not wholly frustrated all parliamentary proceedings , since for the safety and wel-fare both of this kingdome and 〈◊〉 ) be not an apparant violation of this part of his royall duty . secondly , whither his peremptory refusall to passe some necessary usefull acts for the good of the whole realme ●pon a pretended discontent against the parliament and sir iohn hot●am , and a private vow ( as some report ) not to passe any act whatsoever , till he received justice in parliament against sir iohn hotham , for the businesse of hull , and his refusall to settle the militia , for the safety of the kingdome by act of parliament , or otherwise , be not an apparant breach of this trust and parcell of his kingly office . thirdly , whether his detaining of the lord keeper and great seale at yorke , whereby many subjects processes , and causes have been delayed , their suites retarded , and some of them quite lost , be not an apparant deviation from this proposition . fourthly , whether his absolute denyall to disclose the accusers & informers against the lord of kimbolton , and other parliament men , that so they might acquit themselves , and have right and justice against them for their malicious false suggestions , runs not point blank against this irrefragable proposition , and be not a flat denyall of common right and justice to those eminent persons . fifthly , whether it be not an apparant uiolation and denying of justice , for his majestie to proclaime sir iohn hotham a traytor , and demand judgement against him as such a one before his cause was rightly stated , or resolved to be treason by any court of justice , or the parliament . sixthly , whether his majesties raysing of a civil-warre at this very season in england , his beseiging of hull , with his slighting and opposing the parliament in open declarations , even now during the heat of the bloody warrs in ireland ( by meanes whereof those irish rebells are exceedingly encouraged , the protestant party and our soldiers there much discouraged , and the parliament now quite disabled to supply them with provisions of ammunition and money which they want , by means whereof the rebells ( now halfe subdued are like to regaine the forts they formerly lost , and in time wholly to conquer that kingdome : and so utterly to extirpate the english nation and protestant religion thence ) be not a reall tacit denying and delaying of ayd right and justice to that distressed bleeding kingdome , which now lyes and calls to his majestie and the parliament for present succours and supplies , which this now civill-warre will in all probability totally frustrate to the great advancement of papists and roman religion . if all these particulars upon serious deliberation prove crosse to this proposition & his majesties regall office , i presume his graciousnesse , his royall love to right and justice , and his compassion to almost expiring ireland and england , is such that he will speedily redresse all former errors of this kind , put a speedy period to our domesticke civill-warres , and move him never to run into the like exorbitances againe . the third proposition . the third proposition , that his majestie hath no such private or particular interest in the forts and townes or magazines of the realme , as the subjects have in their lands and goods , to give sell , or dispose of them at his pleasure , but onely a publique interest by way of trust , for the defence and preservation of the kingdome , and the security and tranquility of his people . a truth worthy consideration , when ignorance and incredulity hath lately occasioned many grand inconveniences and mistakes . this is most apparant by this familiar demonstration , for as much as the king hath no right or interest in these forts , towns , or magazines , as he is a private person , but only in right of his crowne , as he is king of england , and the publique minister or servant of the kingdom to provide for its security and tranquility in times of warre or danger , and its prosperity in times of peace . wee all know , that by the law of the land : the king cannot sell or alien the lands or revenues of the crowne , yea our law-books and judges have resolved , ſ that the king by his will cannot demise any of his lands : t that though the king make a will and give legacies of his own private goods which hee hath , yet he cannot demise the iewells , plate , coronets and goods of the crowne . and if the u king hath the body of a ward , the temporalities of a bishop by way of sequestration in his possession , or right to present to a church that is void , and make his executors and dye , his executors shall not have the ward , temp●●●lties , or presentation though chattles , as a common persons executors shall have but the succeeding king . so if subsidies be granted , and the king dye before they are l●vyed , his executors shall not enjoy them , though a chattle ; but his successor . so the successor king , not the kings executors shall have all his ships . ordinance , powder armes and ammuni●ion , though chattles , because they are not the kings , but kingdomes and purchased with the kingdomes money eliz. x cap. . ●ac . c . because the king hath not only his lands but even these very chattles in right of his crown as king not as a private person , for the benefit of the kingdome . when king iohn most unworthily ( with the consent of some of his barons ) resigned his crowne and kingdome of england to the pope . p●●lip the french king though his enemy , declared this act void . y because no ki●g nor prince can give away the kingdome , which is the common-wealths , and all the noblemen of france there present , begun to cry with one voyce , that they would sta●d to this truth even to death . this matter of this kings grant made to the pope , being proposed and discussed in full parliament in the yeare of edward the third , z vpon full deliberation the prelates , dukes , earles , barons , and commons answered , and resolved with one accord ; that neither the said king john , nor any other , can put him , nor his re●lme nor his people under such subjection without their assent , and as by many evidences it appeareth ▪ if it were done , it was done without the ra●●●nt and contrary to his owne oath at his coronation and besides this , the dukes , earles barons , gentlemen and 〈…〉 accord and agree , that in case t●e pope shall enforce or attempt by proc●s or by any other manner of d●ing t● constraine the king or his subiects to performe this ( as it is said hee will ) these parties wi●● resist wi●● all their puissance so that by the resolution of this whole parliament , the king cannot grant away his whole kingdome , without his p●oples consent , in parli●ment , and by the selfe same reason not any part , parceil , towne , or fort thereto belongi●g th●y being the kingdomes , not the kings owne right . the civilians of forraign parts disputing of the pretended donation of constantine the great of rome , italy , and supreame jurisdiction there , to the pope , resolve this a donation void , because the emperou● by law cannot give away any of his empire it being contrary to his coronation oath : wherein hee sweares , b to maintain the dignities and rights belonging to the empire that he 〈◊〉 impa●re the goods and state of the empire , but keepe inviolable the rights of his kingdome , and the honour of his imperiall crowne . by vertue of which oath , they hold the emperour strictly obliged in duty both to god and the empire , to take to themselves , not onely all those large and faire territories , which the pope hath taken , either by force or fraud inv●ded ; decking himselfe with the eagles plumes ; but specially they ought to resume that dominion in those very lands which the pope now challengeth as his owne , by force of this forged grant . c baldus a learned civilian writes : that the doctors of the law determine , that constantines pretended donation neither is nor possibly can be of force , to passe away , either the propriety or supreame dominion in these territories , or the imperiall jurisdiction over them . for to say that the emperour would by his donation mutilate , or cut away the members of the empire is a kinde of folly . d arctine not onely assents to baldus , but much commends his judgment therein , baldus ( saith he ) doth elegently teach , that the emperour cannot give away any quotient , neither a third , nor th . part , nor halfe of his empire . whereby baldus meanes , that the empire being an intire and universall power , the emperour by giving ought , ceaseth not to be universall lord of all belonging to the empire . e lucas de penna , is very pregnant in this point . the royalties of the empire ( writes he ) cannot be alienated from the emperour . yea , though the emperour should sweare , that hee would not revoke such royalties as were alienated to the preiudice of his crowne and dignity , yet notwithstanding this his oath hee might recall such alienations , because the emperour sweares at his coronation , to keepe safe the honours and rights of his kingdome : ●ut by alienating his demaines and territories , he doth not preserve but impaire the imperiall rights . f albericus de rosate is copious in this case . let us see ( saith he ) whether constantines donation could be of force to pre●udice his successors , accu●stus holds it could not , so doth john de parisiis , and he gives this reason thereof : because none deputed to an office , may do ought against his own office . but it is against the office deputed to the emperour , to impaire his empire , or cut or take away any part from it . for by the same reason that he cuts away one part , he may cut away also another , and so may his successors , and so the empire at last should be b●ought to nothing , and utterly destroyed which is against the publique good , and the end why the empire is ordained ; whereupon i doe believe , that the foresaid donation by law cannot be of ●orce to prejudice the empire or the successors . the same doctrine is delivered for law by boetius epon herric . qu. qu. . nu . . quest . . nu . . . . by didacas coverrumius practic . qu. c. . nu . . by franc. vargas . de author . pontifi axiom . num. . gulielmus , benedictus , caralus , degrossatus ▪ felinus , with others . all which i have cited , to shew the concurrence of the civill with our common law in this particular , and to resolve all opposites in this point , who scruple at it . first , from all these premises it is apparant ; . that the case of sir iohn hotham , and the towne of hull , was not rightly stated by his majestie in his declaration sent in a message to both houses , the . of may . . to wit , that his majesty hath the same title to his towne of hull , which any of his subjects hath to their houses , or lands , and the same to his magazine and munition there , bought ( as he saith ) with his own moneyes . when as many , or most of the armes there , were against law , violently taken away from the subjects in essex , and other counties ( who bought them with their own moneyes ) without paying any consideration for them , and the other was purchased with the g kingdomes money , with which his majestie was but intrusted which any of his subjects have to their money , plate , or jewells , and therefore that they ought not to be disposed without his consent , no more then the house , land , money , plate or jewells of any subject ought to be without or against their remonstrance in answer to that declaration , may . page , , . to which i shall referre you secondly , that the king having no interest in hull , or the magazine there , but only as king and the publique minister o● the kingdome , for the kingdomes use and benefit , and the preservation of its security and peace , it is and was lawfull , for the whole kingdome assembled in parliament , ( upon probable grounds and informations and proofes that his majestie seduced by some pernitious enemies to the kingdomes tranquility , intended to seize upon this i owne and magazine by surprise , thereby to let in forraigne forces , and raise a civill-warre against the parliament and kingdom to the disturbance of the publique peace and hazard of the realmes of england and ireland , and contrary to the publique trust reposed in him , ( the breach whereof doth in some sort determine it for the present ) to turne those arms and ammunitions provided for his subjects safety , upon them to their destruction ) to seize upon and secure them for the present , for the prevention of this danger and abuse of them , the kingdomes better security ( the true ends for which this town and magazine was first fortified and provided : ) and that without any danger of treason and disloyalty in them or their agents , imployed in this service . neither is this any new case , for both in the well knowne h barons warrs in this realme , and late stirs in scotland , the barons and scots seised upon the kings townes , castles and ammunition , for the security and peace of these severall kingdomes , without any danger or charge of treason . and if it were no treason in the scots within these two yeares to seize upon all or most of his majesties townes , forts , magazines and ammunition in scotland , and on new-castle in england , for the common peace and safety of their kingdome and prevention of civill-warrs , i as his majestie and the parliaments both of scotland and england have resolved , why should it be treason or felony in the parliament or sir iohn hotham their agent , peaceably to possesse themselves of the towne and magazine of hull , for the safety of the realme the prevention of civill-warres and preservation of the publique peace , when as they keep them onely for his majesties and the ●ingdomes use and are ready to redeliver them into his majesties actuall possession , if they may be secured : that they may not be misimployed against them . if a constable or any other person breake into another mans house and take away his sword and 〈◊〉 〈◊〉 , and arrest him to preserve the peace and prevent murther , he may by the common law ●ustifie this act , and detaine the others weapons till the fray be over , and the peace secured ; yea , if a man should detaine his majesties sword or pistoll from him , in case he intended causelesly or unjustly to murther any of his subjects with it , till his wrath were past , i presume it would be neither treason , felony , nor any illegall misdemeanor , much lesse can it be any treason , or offence in the parliament , or sir iohn hotham their instrument , upon just suspitions to possesse themselves of the towne and magazine of hull , in a peaceable manner , and to sequester and detaine them from his majestie for a season , till they may have good assurance , that neither of them shall bee misimployed , by the instigation of mischievous counsellors , to the hurt or destruction of the kingdome , and them , as they are informed wars are intended to be . but more of this hereafter in deduction . thirdly , admit the case of hull and the magazine there , such as his majestie puts it , yet then by his majesties argument , every subject hath as good and firme an interrest , and property in his owne goods , lands , houses , as his majestie hath in his towne of hull , or his magazine . by what law or justice then hath his majestie seised lately upon his subjects armes and magazines in divers counties , bought with their own moneys , for their own private , and the publique defence of the realme against theeves and forraigne enemies , and forceably taking them away without paying for them , and now imployed them in a civill-warre , against hull and his subjects ? doubtlesse the parliament may with farre more justice and equity , seize upon the publique magazine of the kingdome , and hull ( a frontire towne well fortified ) for the security of the realme , and prevention of civill-warres , then his majestie seize upon his subjects armes and magazines of powder to make a civill warre . and seeing the armes at hull were many of them violently and illegally taken from the subjects without consideration , why the parliament may not lawfully seize them to restore them to their owners , who have petitioned for them , i cannot yet discerne . fourthly , in cases tending to the common good and safety , even by the common law of the land , a man may lawfully commit a trespasse , and do an injury to another mans lands , houses , and inheritance without crime and offence : if an enemy invade the realme , a●y l generall captain or subject to resist them may lawfully enter into any other mans land , and there dig trenches build forts and sconces ( if they be necessary ) to resist the enemie : m yea , he may enter into any of the kings forts and townes which are onely for the publique good ( as the experience of all ages testifie ) without any previous speciall licence ▪ yea fortifie and defend them : because it tends to the safety of the realme and common good to which all privat interests , and much more the kings publique in such cases must give place . upon this reason it is agreed in our n law-bookes , that fa●lowne or city be besieged , or indanger to be beleagured by an enemy , and the suburbs may endanger the taking thereof by yeelding harbor , or a convenient battry to them , the inhabitants or souldiers within the walls , may lawfully burne or destroy the suburbs for the townes or cities preservation , and the common safety . nay , if an house be on fire in a towne , men may iustifie the pulling downe thereof , and of the next adjoyning houses if there be cause , to prevent the burning of the whole towne , it being for the common good : yea , o fishers at sea may iustifie their going on other mens ground adjoyning to the sea , because their fishing is for the common profit of the whole realme . if then private persons , may thus legally prejudice other particular men in these cases in their lands and houses , for the common good , then much more may the whole representative body of the kingdome in parliament seize upon hull and the magazine there for a season ( being the common-wealths , and the kings onely in right of , and for the service of the kingdome ) for the publique peace and safety , and the prevention of civill-warres , without any danger of trespasse , much lesse of treason , in making sir iohn hotham their agent in this service : they having a common interest therein , since souldiers , citizens ; and other private persons may lawfully raise forts and trenches on others grounds , or pull down any houses and suburbs for the publique good , though they have no particular interest in their lands or houses , but onely a temporary common interest upon these publique occasions . the fourth proposition . the fourth proposition is this . that in all doubtfull cases of treason , not within the expresse letter and words of e. . parl. . c. . neither the king himselfe , nor his iudges , but the parliament , and king in parliament , ( if hee will be there ) ought to declare and determine what act is treason , and what not . this is cleare by these expresse words of . e. . c. . of treason . and it is accorded , that if any other case , supposed treason , which is not above specified ( in this act ) doth ●appen before any iustices , the iustices shall ●arry without any going to judgement of the treason , 〈◊〉 the cause be shewed and declared before the king and his parliament , whether it ought to be judged treason or felony . which clause was afterwards ratified by r. . c. . h. . c. . and by r. . c. . where judge thorning affirmes , that the declaration of treason not declared belongeth to the parliament , which part of declaring treason some hold is utterly taken away by ma●●a . session . r●s●al treason , sect. . ( which others deny ) and that no other treason is , or can be at this day ( unlesse by speciall act of parliament , ) but what is within the very letter of . ● . . c. . this being indubitable , these conclusions will necessarily follow . first , that neither his majestie alone , nor yet accompanied with his privy counsell or iudges , hath any legall power or right at all to declare or determine what is treason and what not , or to declare or adjudge any particular act to be treason , unlesse it be clearely within the expresse letter of e. , c. . therefore his majesties own private p declaration of sir iohn hothams act ( in seising the towne and magazine of hull , and his refusall to admit his majestie into the town when he came to dispossesse him of it ) to be treason , being out of the letter of the . ed. . and his proclaiming of him to be a traytour , must necessarily be both void and illegall . secondly , the kings judges and justices , even in courts of judicature , where they may finally determine and resolve what is law in all other cases neither can may , nor ought to declare and determine what is treason , and what is not , in any cases out of the very letter of . e. . but ought to resert to the parliament and receive a resolution from them whether it be treason or not . so are the expresse words of this act of . e. . and others since . if then the judges are thus to be resolved by the parliament onely , what is treason and what not , then there is no reason or sence , why the parliament should be sent to the judges to be advised and resolved by them , what is treason : or why the parliament should be taxed for voting sir iohn ●othams act not to be treason , without consulting first with the iudges to know of them whether it were treason or not . since the parliament in this case of treason , are to direct and resolve the judges , not the judges them . thirdly , both houses of parliament upon the kings appeale to them for justice against sir iohn hotham as a traytour , for not admitting him into hull , and upon sir iohn hot●ams letter to them , relating the truth of his whole carriage to the king in this cause , have acquitted sir john hotham , and q voted this act of his , ( warranted by the command of both houses ) not only to be no treason nor felony , but not so much as a misdemeanour , seeing all he did was only in discharge of the trust which the parliament had reposed in him , for the safety and peace of the whole kingdome and prevention of a civill-warre . since then the whole parliament , the onely proper judges of treason , upon the kings and sir iohn hothams severall appeales to them , have both voted and resolved sir iohn hothams act to be no treason , nor crime , nor he to be any delinquent , neither the king himselfe ( who oft professeth in his late declarations to rule and governe all his people onely according to the laws of the realme according to his oath ) nor his counsell , nor judges can by any proclamation or declaration , or by any judgement in any court of justice , which hath conusance of treason , declare this act of his to be treason , or him a traytour or offender . let all of them , and the whole kingdome both for the present and future , rest fully satisfied , and concluded by the ●arliaments votes and resolutions : whom our lawes declare , to be the onely proper judges of this cause pretended to be treason , and so sir iohn hotham must go scot-free . having thus passed through these foure propositions , and the deductions from them , i shall now draw towards a conclusion of this discourse . sir iohn hothams case and pulls truly stated and debated . the onely , if not principall pretence of his majesties late raysing an army in the north , and of a most sad and unseasonable civill-warre ( which if proceeded in , may soone prove destructive to all his majesties three kingdomes ) is sir iohn hothams seising on the towne of hull , and the magazine there by order from the parliament , for the peace and security of the realme , and his denying his majestie entrance into the towne , when he came to take possession of it : which acts his majestie hath in his proclamations and declarations , declared and proclaimed to all his subjects to be no lesse then high treason , and sir iohn ●otham to be a notorious traytour . the sole question then will be , whether these actions of sir john hotham be treason or not by the laws of the realm ? and under correction , i conceive it is as cleere as the noone-day sunne , that they are no treason . that his taking possession of this towne and magazine is no treason , no nor yet so much as a trespasse or offence in point of law , i have sufficiently demonstrated in the r premises . whether his denying his majestie to enter hull , and his keeping possession of it , be high treason , will there be the sole question , which before i shall determine , i shall truly state the case . ſ sir iohn hotham by order of both houses of parliament was enjoyned to keep possession of the towne and magazine at hull , for the prevention of civill-warres , and preservation of the peace and safety of the realme ( which some malignant spirits advised his majestie to seize on , and turne against the kingdome ) and not to deliver them up to any whatsoever , without their speciall order . the king on the of aprill rode to hull , attended with about . horse , ( the duke of yorke and prince elector , being at that instant royally entertained by sir iohn hotham in the towne , who came thither the day before ) and required sir john hotham to deliver up the town into his hands . who perceiving his majestie to be accompanied with such force as might have mastered the garison of the towne , and having received intelligence of an intention to deprive him of his life , if the king were admitted , informed his majestie , of that trust reposed in him by both houses , that he could not admit him into the town without breach of that trust , and therefore humbly beseeched his majestie to give him leave to send to the parliament to acquaint them with his majesties commands , and to receive their directions thereupon ; which hee would do with all expedition . his majestie rejecting this answer , presently caused him and his officers to be proclaimed traytors before the towne walls , and dispatched a message to both houses , charging sir iohn hotham with high treason , aggravating his offence , and demanding justice against him . the parliament upon true information and stating of the case , the . of aprill . resolved upon the question . that sir iohn hotham according to his relation , had done nothing but in obedience to both houses of parliament . that this declaring sir john hotham traytor , being a member of the house of commons , is an high breach of priviledge , and being done without processe of law , is against the liberty of the subiect , and the law of the land . this being the true state of the case ; i shall clearely manifest by the law of the land , this act of sir iohn hothams to be no treason , and he no traytor . it is irrefragably evident by the statutes of e. . c. . and mariae . session rastall treason . that there is no treason at this day but what is within the very letter of e. . c. . all other treasons being repealed by these acts or expired . the question then will be , whether this case be within the very letter of . e. ? certainely there is not one syllable in this act which concernes this case . the king pretends it is within these words , if any man do levy warre against our soveraign lord the king in his realme , that it is treason by the letter of this act. but here there is no levying of war , no act of hostility or war was exercised by sir io. hotham , against the k sir to . hotham was onely passive & defensive not active , he only denyed his majestie the possession of the town by order from parliament , to prevent warre and preserve peace and if he be a traytor , the whole parliament must be much more traytors who put him upon this service , qui●… plus peccat author quam actor , as our law determines . therefore this neither is , nor can be any leavying of warre against the king , or treason within this clause : this is most apparant by the statute of . and . ed. . c. . which because the detaining of the kings forts from him , was not within the words or intention of . ed. . did specially enact , that of any person or persons after the first of iune rebelliously ( marke the word ) do detaine keepe or with-hold from our soveraign lord his heires and successors , any of his or their castles , fortresses , or holds within this realme or any other the kings dominions or marches : or rebelliously keepe detaine or with-hold from his said highnesse his he●res or successors any of his or their ships , ordinances , artillery or other ammunitions or fortifications of warre , and do not obediently render and give up unto our said soveraign lord , his heires or successors or such persons as shall bee deputed by them , such castles , fortresses , fortilesses . holds , ships , ordinances , artillery , or other munitions , or fortifications of warre , rebelliously kept or detained within six dayes nex after they shall be commanded by our said soveraigne lord his ●eires or successors , by open proclamation under the great seale , the same proclamation to be made in such place and order , so as the party and parties to be charged by this act may conventently have notice or knowledge thereof , that then every such person or persons so offending in any the premises , their abbettors , &c. being lawfully convicted of the rebelliously keeping or detaining thereof according to the lawes and statutes of this realme , shall be adjudged traytors , and shall suffer paines of death , and lose and forfeit all their goods and chattles , lands and tenements unto the king , as in cases of high treason . this act makes the detaining of any of the kings castles , forts , &c. treason , but yet with these three limitations . first , that they must be rebelliously kept and with-held ; which hull was not , but onely by order of parliament for the kingdomes peace and safety . secondly , that they must be ●etained six dayes at least , after command to surrender them : but the king proclamed sir iohn hotham a traytour for not delivering up hull the same day and houre he demanded it , without giving him any respite , which is contrary to this act . thirdly , there must be a proclamation under the great seale to demand the forts and castles and the same proclamatio must be so made that those who detain them may have notice of it . but in this case there was no such proclamation made against sir iohn hotham but by an herald by word of mouth , and so no treason within the law , admit it were in force : but this law and clause ( which if in force might have given some colour to his majestie ) as all judges and lawyers resolve , was totally repealed by the statute of mariae . r●stall treason . ( which expresly repeales all other treasons but those within the very letter of . e. . ) and so the detaining of any forts or castles at this day from the king is no treason because not within the words of . e. . chap . the onely standard and surviving law to judge treasons by . this statute of . ed. . c. . being repealed , and this case being not within the act of . ● . . the parliament in . eliz. was enforced to make a speciall law ( which was to endure only among the queenes l●fe , as appeares by the 〈◊〉 in it ) whereby they enact , that if any person or persons 〈◊〉 discover , do unlawfully 〈◊〉 or t●eir owne authority , ( which is none of sir iohn hothams case , who did nothing but by order of parliament ) compasse , imagine , conspire , or advise , 〈◊〉 wayes or meanes wit : fo●ce or craft &c. maliciously or rebel●iously ( which he did not but by authority of parliament ) to take , detaine , or keepe from the queene , any of her castles , towers , fortresses , or holds , &c. and do advisedly by any expresse word , speech , act , deed or writing , utter or declare his said malicious and rebellious intents , that then every pe●son or persons so offending in the premises , being thereof lawfully convicted according to the lawes of the realme , shall be adjudged a felon ● felons , and suffer paines of death as in cases of felony , &c. and if any person or persons , do at any time hereafter with force maliciously and rebelliously ( which is none of sir iohn hothams case , who did all by the parliaments command ) detaine , keepe or with hold from the queenes majestie any of her castles , towers , fortresses , or holds within the realme , or any of her dominions or countries , or marches of the same , or do maliciously and rebelliously or with force detaine , keepe or with-hold from her maiestie any of her ships , ordnance , artillery , or other munitions or fortifications of warrs , and do not render and give up the same to our soveraigne lady , or such persons as her majestie shall appoint to receive the same to her use within six dayes next after he or they so offending , shall be commanded by our soveraigne lady the queene , by open proclamation under the great seal of england , to be made in any place or market towne within the county where any such offence shall be committed , &c that then every person or persons so offending , their ayders counsellors and abbetters , being thereof lawfully convict according to the lawes of the realme shall have and suffer such paines of death , and also shall forfeit and lose , as in cases of high treason limitted and acustomed , by this expired act , which was to continue onely during the queenes life it is evident . first , that this detaining of the kings castles , forts , ships and ammunition , is no treason within . . . ( for then this law had beene idle and superfluous , especially being to continue , but during the queenes life ) and so there can be no treason at this day in sir iohn ●othams act . secondly , that no detaining or with-holding of such castles , forts , ships and ammunition is treason within these particular acts , but that which is done maliciously and rebelliously and continued six dayes after a proclamation under the great seale , and proclamed in the cou●ty , to deliver them up unto the queene , or her substitutes for her use . now sir iohn hotham detained hull , and denyed his majestie to seize and enter it , not maliciously and rebelliously , but in obedience to the parliaments command , which intrusted him to keepe it for the present both for the king and kingdomes use , for the prevention of civill-warres and danger to the realme , and the excluding of forraigne forces which might be landed there , neither did his majestie make any proclamation under his great seale , or give him six dayes space to deliver it up . therefore this act of his is and can be no treason , neither within the particular expired forecited acts were they in force , much lesse within . e. . which extends not to this case . and so his majestie was utterly mistaken in the law , in proclaming sir iohn hotham traytour , and declaring this act of his to be treason , of his owne head , without consulting with his judges or councell learned in the lawes , who would questionlesse have informed him ; that this act of his is now neither treason nor felony by the law , had he done it of his owne voluntary accord much lesse seeing he did it onely by the parliaments direction and command , as their servant for the common safety of the realme , exclusions of forraigne forces and artillery and prevention of an intended civill-warre , without any thought of the least disobedience or disloyalty to his majestie into whose possession he declared he was and is ever ready to surrender up the towne , as soone as the parliament shall command him . in a word the scot● late seizing upon all his majesties townes castles in scotland , and on new castle here , and detaining them against him after demands , hath by his majestie and both kingdomes in parliament beene tacitly if not expresly resolved and declared to be no treason , being done for the publique peace and safety of the whole realme of scotland and england . therefore much more must sir iohn hothams seising but of hull one single towne , and his detaining it for a season onely for his majesties and the kingdomes use , and the peace and safety of the whole kingdome , and that by the parliaments expresse command as their instrument , be adjudged no treason , felony , no nor misdemeanor . and since both houses of parliament the only proper judges of treason , to whom both the king & sir iohn appealed for justice , have upon full hearing and debating of the cause , voted and adjudged it , to be no treason or offence , and published these their votes in print to all the world , i cannot discerne , how by any law , his majestie , or his malignant counsellors , can possibly fasten any charge of treason , felony , or misdemeanour , on sir iohn ; but must all conclude him to be an innocent noble and weldeserving gentleman , for so faithfully and couragiously discharging the trust reposed in him by the parliament for the whole kingdomes peace and security , and his majesties safety too . as for his late drowning of the country about hull , to the spoile of much grasle , corne , and great prejudice of particular men , with which his majestie chargeth him in his last letter to the houses , it is onely for the better preservation and defence of hull for the common safety , and therefore he may by law justifie this act , even as men in times of warre may justifie the burning or demolishing of a suburb for the whole cities safety , and the making of forts and trenches in another mans ground , for to resist an invading enemy . which i have formerly proved lawfull by our law-bookes . moreover , this drowning was through his majesties owne occasion ( on whom the blame must originally rest ) who came to beseige sir iohn hotham as a traytour , and take hull out of his custody , ( contrary to the trust reposed in him by the parliament ) by force of armes with an army of horse and foote , to the open violation of the kingdomes peace , the endangering of the whole realme and parliament , against whom this warre is principally raised and intended , under pretext of being avenged of sir iohn hotham , who hath done nought but by the parliaments direction , as their servant , and trustee for the safe keeping of hull , not against the king , but onely for the king and kingdomes use , till it may without danger to the realme , by order of parliament be rendred up into his majesties actuall possession , who hath no particular right or title to it , but onely a generall as the kingdomes servant and trustee for the peoples safety , which is now endangered through his majesties listening to evill counsellours ; who whisper to him in private , and have engaged him in a civill-warre against his parliament and people , and not hearkening to his parliament , the graund counsell both of king and kingdome , whose publique impartiall advice , his royall progenitors have alwayes most highly esteemed , and followed ; and thereby made themselves great and honourable , and the kingdome happy . the conclusion . i shall now winde up all in a few words , i suppose i have made it most apparently evident to every indifferent mans judgement that sir iohn hothams forecited actions ( with which his majestie is so much incensed ) are neither treason nor felony by the laws of the land , ( by which his maiestie hath oft lately protested to rule , and be guided , the t kings of england by their coronation oaths being subject to their lawet , not their lawes to them ) and by the parliaments resolution , not so much as a misdemeanour or offence , but a lawfull act done by the expresse commands for the publique peace and safety of the realme and prevention of a civill warre . i appeale then to his majestie , to every english mans or other subjects conscience , and advise them all in the presence of god ( as they will answer the contrary at the great approaching day of judgement ) seriously to consider , and then resolve within their brests ; whether these inoffensive acts of sir iohn hotham , accompanied with all the praerecited circumstances , be a just and sufficient ground , to the king or any of his subjects , in point of conscience or policy ( especially in this season , when ireland is in danger of losing and england almost exhausted with necessary publique payments , with voluntary contributions and much d●●●acted and divided in it selfe ) to raise an unnaturally bloody civill warre against hull , and in it against the parliament and kingdome , by which the king and his par●isons will be by degrees so farre ingaged against the parliament and his kingdome , and they by way of just defence so farre engaged against the king and them ( without gods mercifull prevention ) that we shall all now ( after so long enjoyed peace ) most unnaturally sheath our swords in one anothers bowells , out one anothers throats , shed one anothers blood , burne , spoile , waste , destroy and prey upon one anothers houses lands , goods , possessions , make our whole kingdome a very field and sea of english blood , and in conclusion ( without gods interposing mercy ) utterly raine both our king kingdome , parliament religion our selves and our posterities and make our land a prey to popish forraigne enemies , who now rejoyce at our divisions , ( which they much foment ) and thereby hope to surprize and wholly conquer us ere it be long . and if our consciences answer us , ( as they will ) after full deliberation that thes● acts of sir iohn ●otham be no just cause or ground to warrant such unnaturall , bloody , fatall destructive civill war , o let us not then once venture or presume to take up armes against our owne deare native country which hath bred us , against the parliament who sit night and day , and spend both their fortunes time and spirits to redresse our grievances , prevent our immanent dangers , advance our happinesse and prosperity and preserve our long enjoyed tranquilitie ; against our deare loving brethren , kindred friends , and countreymen , who never did us the least injury , against our selves , our children , families , which a civill-warre may quickly ruine , nor yet to countenance , justifie or side with those unnaturall vipers , and unreasonable ●ottish brutes who either maliciously or inconsiderately foment , and promote such an unnaturall impious causelesse civill warre . but let us all put forth our utmost best endeavours , and powre out our fervent prayers to god to prevent and cease these civill combustions , to ayd and preserve our deare native countrey , kingdome , religion , the parliament our selves and our pos●erity against these malignant incendiaries , who seeke their utter destruction . o let no true bred english man or christian be so degenerous , so b●rbarous and brutish , as to become his owne , his deare brethrens posterities , countries , kingdomes bloody executioner , to do such disservice to his countrey in a few dayes or houres , which he shall with brinish teares repent for over ! i shall likewise humbly presume to beseech his majestie upon the bended knees of my soule , most seriously to consider all the premises , and if upon persual of them , there shall appeare no just or lawfull cause in point of conscience and true christian ( not machivillian ) policy , necessarily to enforce him to make a civil warre upon his kingdome , onely for the act of one particular subject , ( as is yet pretended ) which in truth amounts not by the law either to felony or treason , if to a trespasse or misdameanor , that then he would be most graciously pleased according to his oath , his royall duty , and many reiterated protestations , to preserve his people and kingdome in a sweet peace and blessed unity , to disband his present forces and tumultuous cavaliers , discard all bloody counsellors who have advised him to a most unnaturall unseasonable , dangerous civill warre , to returne with speed to london , and close with his great and best counsell , the parliament , for the preservation and present ayd of bleeding ireland , the setling and composing of his peoples present feares and distractions , the effecting of of a perfect thorough reformation and union in church and state the redresse of all remayning grievances , the advancement of truth of the flourishing estate of his three kingdomes , and his owne royall honour , revenues and greatnesse , which will eternally gaine his majestie the servent prayers , hearts , affections , purses , and ready service of all his kingdomes and subiects together with immortall honour , whereas if he shall still proceed in prosecution of this desperate civill warre against his people , kingdom , parliament , the guilt of all his subjects innocent blood , which shall be shed in this unnaturall causelesse warr , will light heavy upon his conscience , be required at his hands , and in conclusion both himselfe , his kingdomes and loyall people will be brought to the very extremity of misery . if not to utter ruine after such a long enjoyed flourishing peace both under his owne and his predecessors peaceably raignes . i shall conclude with that of the poet . u pax optima rerum homini novisse datum est ; pax vna triumphis , innumeris po●●r ; pax custodne salutem et cives aquare potens : te petimus omnes . o most gracious lord god , though thou justly plague us with thy other iudgements for our sinnes , yet give us not over to the sword , the forrest of all thy iudgements , an unnaturall bloody civill warre , but since thou art a x god of peace , and hast promised , y to give thy people the blessing of peace , ( which we of this land have now uninterruptedly enjoyed almost an hundred yeares together through thine extraordinary mercy ) do thou out of thy superaboundant goodnesse continue and z preserve us still in perfect peace whose hearts are stayed on thee . and let there be no end of our peace with thy heavenly majestie , with our owne consciences , and one with an●ther ( king with parliament , kingdome , and people and they with king ) till iesus christ the a prince of peace , his second coming , who shall give all his b everlasting peace and blisse in his coelestiall kingdome . amen , amen . finis . notes, typically marginal, from the original text notes for div a e- a in sundry declarations , and in certain propositions concerning the raising of horse , &c. b numb. . . c chron. . . r●m . ● . , . . . d see pet. . , , . e neh. . . chron. . . chron. . . sam. . , . f plutarchi apothegmata . g hist. l. . p. . h de clementia l. . c. . i ibidem . cap. . k zonarus annal. tom. . p. . l spelma●ni concil. p. . and in sundry other of our wri●ers . m see totles magna charta , . the parliaments remonstrance . of may , . p. and his majesties answer thereto . p. . ● . conclusions deducted from the former proposition . * nullihostes digniores supplicio sunt quam ij qui contra patriam arma sum unt . 〈◊〉 ad qu. iretrem . * see kings . throughout kings . . exod. . . to . n sam. . to . o see m●thew pa●●s , ho●●● , wa●singham , speed , stow , g●●ston , mathew westminster , 〈◊〉 , and others . p optin 〈◊〉 〈◊〉 〈◊〉 qui et omnibus laudibus 〈◊〉 , qui sua corpora pro 〈◊〉 〈◊〉 def●●sione peri●uris ab jecerunt , isocra●es p. . nihil est praestabilius viro ●orti , quam per●●u●●s patriam libera●e , cicero , pro an. milone , orat , mortes pro pa●●● appo●●ae , non so●u● glo●●● rheto●ibus , sed et●a● beatae v●der . solent . cre●●o . ●ust . quaest . lib. . * see cookes 〈◊〉 on magna char●a , f●l . ● , . and leges edwardi regis cap. de her●tochijs in lamberds archion . q see the commons declaration concerning the commission of array iuly . . wh●re it is fully proved . r sam , . ſ ● . h. . . fitz. devise . t m. ● . h. . fitz executors . . u 〈…〉 fitz qu. imp. , ● . ● . . . live y. . prese 〈…〉 . x ● , e. , , b , y mathew paris hast min●r ; in ioan. dr , crakenthorpe of the popes temporall monarchy , c. . p●ge ● . to ● . z ro , p●rl . an. , l , . nu , ● . a see doctor crakenthorps defence of constantine c. a●d p 〈◊〉 to . b mat. paris anno ● . p. . baldus in pro●●● de feud , nu . lu●a● de penu● , cod. de omni agro de●e●●● quicunque desertum : f. . col , ● . c in pro●● mi●●● feud . nu . , . d in rubric . 〈◊〉 verbo oblig●t . e col. de omni 〈◊〉 ser●● . l. qu. 〈…〉 f de 〈◊〉 cunq . prae , 〈◊〉 . l , bene a zenone . nu . . f. ● . c. . deduction● from hence . g see eliz. c. . iacobi . c. , h see mathew paris , holinsheed , speed , graston and others , in the lives of king iohn , henry . ed. . rich. second . i see the acts of pacification . h. . . . e. . . l. h. . . . h. . . ba●●e . 〈◊〉 , l p. ● . . br. custone , . m h. . dyer . . . br. trespas , . n ● , h. . . e. ● . b . br. trespas . o e. . ● . fi●z . barr. . p see his majesties answer to the declaration may . p . . . q see the printed votes . r proposition third ●e●uction . . and elsewhere . ſ see the declaration and votes of the house in sir iohn hothams case , which they there truly state , aprill . . t see stephen gardiners letter to the lord protector . fox acts and monuments first edition p. . b. where he affirmes ( that he being ambassador to henry the . in the empeperours court , did there in a case of iewells defend and maintaine by commandement of the king ) that the kings of this realme were not above the orders of their lawes . u silius italicus . pan. bella● . l. . f. . x heb. . rom . y psal. . . z is●y . . a isay . . . b isay . . . c. . . the good old cause rightly stated, and the false un-cased prynne, william, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing p ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing p estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the good old cause rightly stated, and the false un-cased prynne, william, - . , [ ] p. s.n., [london : ] by william prynne. caption title. imprint from wing. reproduction of the original in the british library. eng catholics -- england -- controversial literature -- early works to . great britain -- politics and government -- - -- early works to . great britain -- politics and government -- - -- early works to . a r (wing p ). civilwar no the good old cause rightly stated, and the false un-cased. prynne, william d the rate of defects per , words puts this text in the d category of texts with between and defects per , words. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion the good old cause rightly stated , and the false un-cased . by william prynne esq a bencher of lincolns-inne . when the a wilely gibeonites attempted to circumvent iosuah and the israelites , and draw them into a league with them , against b gods express inhibition , they accomplished their design with this stratageme , c by carrying along with them , old sacks , old rent wine-bottles , old shoes and garments , and old dry mouldy bread and provisions to the israelites camp at gilgal ; which they alleged were all new on the day they came forth from their country , but were all becom old by reason of their very far journy , which they believing , without examination , were insnared by them . this policy hath for many years past been pursued by iesuites and other gibeonites of rome , to circumvent over credulous protestants to enter into a holy league with them to the shipwrack of their faith and souls , by crying up their d new superstitions , relique , errors , for the only old religion , and decrying the antient protestant religion as a late novelty first broached by luther and calvin . whether this be not the present stratageme of some of their instruments , or fraternity , to engage the souldiers to joyn in a new confederacy with them , to bring our old religion , government , parliaments , laws , liberties , to speedy desolation , & irrecoverable destruction , under the disguise of maintaining the good * old cause , is not unworthy their strictest inquisition , & most serious consideration , which will be evidently demonstrated to them by discovering the only true original good old cause , grounds , ends , drawing the houses of parliament to raise and continue the armies under their successive generals ; most clearly , fully , and truly expressed in their own votes , orders , ordinances , declarations year after year , printed at large in two distinct volums for edward husbands . and . by order of the commons assembled in parliament ; which being almost quite forgotten , it will be both seasonable , and necessary to refresh the memories , and awaken the stupid , if not seared consciences of the nation , with a recital of the chiefest of them , to countermine the new plots of all seducing gibeonites . the first original of the unhappy breach between the late king and our long parliament , was (e) his comming personally into the commons house to demand the five members , ianuary . whom the day before he had impeached of high treason , and sent a sergeant at arms to apprehend : this breach of privilege induced the houses to require the power of the militia to be at their disposal , for the safeguard of their persons and privileges : which being denyed by the king , who condescended to it very far , but not in that latitude as demanded ; soon after the king departing from the parliament , and setting on foot the commission of array for his defence against the parliament , and the parliament raising the militia for their safeguard against the king , this first engaged them by degrees into a civil bloody war against each other , ending in their mutual destruction by the very new militia they contested for , as their only security against each other . the sole cause , grounds , ends of the parliaments raysing the militia , and after that an army , are thus fully declared by the lords and commons , in their prepositions for bringing in plate and mony , horse , horse-men , and arms for the defence of the king and both houses of parliament , printed and published by order of the lords and commons , junii . whereas it appears the king ( seduced by wicked counsel ) intends to make war against his parl. and in pursuance thereof , (f) under pretence of raysing a guard for his person , hath actually begun to levy forces both horse and foot , &c. so as the orders of parliament , which is the highest court of iustice in this realm , are not obeyed , and the authority thereof is altogether scorned and vilified , and such persons as stand well-affected to it , and declare themselves sensible of these publike calamities , and of the violations of the privileges of parliament , and common liberty of the subjects , are baffled and injured by several sorts of malignant men who are about the king ; some whereof , under the name of * cavaliers , without having respect to the laws of the land , or any fear either of god , or man , are ready to commit all manner of outrage and violence , which must needs tend to the dissolution of this government , the destroying of our religion , laws , liberty , and property ; all which must be exposed to the malice and violence of such desperate persons as must be employed in so horrid and unnatural an act , as the overthrowing of a parliament by force , which is the support and preservation of them . all which being duly considered by the lords and commons , & how great an obligation lies upon them , in honor , conscience , and duty , according to the high trust reposed in them , to use all possible means in such case , for the timely prevention of so great and irrecoverable evils ; they have thought fit to publish their sense and apprehension of this imminent danger , thereby to excite all well-affected persons to distribute their best assistance , according to their solemn vow and protestation , to the preparations necessary for the opposing and suppressing of the trayterous attempts of those wicked and malignant counsellors who seek to engage the king in so wicked and destructive an enterprise , and to destroy the privileges and being of parliaments . . they the said lords and commons do declare , that whosoever shall bring in any proportion of money or plate , or shall underwrite to furnish or maintain any number of horse , horsemen , or arms , for the preservation of the publick peace , and for the defence of the king , and both houses of parliament from force and uiolence , and to uphold the power and privileges of parliament , according to his protestation : it shall be held a good and acceptable service to the common-wealth , and testimony of his good affection to the protestant religion , the laws , liberties and peace of this kingdom , and to the parliament and privileges thereof . and lastly it is declared , that whatsoever is brought in shall not at all be imployed upon any other occasion , than to the purposes aforesaid , which are ; to maintain the protestan● religion , the kings authority , and his person in his royal dignity , the free course of justice , the laws of the land , the peace of the kingdom , and the privileges of parliament , against any force that shall oppose them : and this by direction of both houses of parliament . here you have the good old cause truly , clearly and fully stated by both houses of parliament in every particular branch thereof , when they first ingaged themselves , all the well-affected people of the kingdom , and army in it , as they published to all the world in these their propositions . which how diametrically contrary it is in every branch to the misstaken good old cause , now cried up and prosecuted with an high hand , & to the late practises , proceedings , counsels , papers , designs of those , who were first raised , commissioned by the parliament for its just defence , yet are at last degenerated into the greatest apostates from , and violentest enemies against it ; their own consciences can best resolve , and the blindest eyes most clearly discern , these propositions were seconded with a g declar●tion of the lords and commons to the same effect , printed and published by their order , iulii ● . in pursuance whereof iuly . the commons house pass●d and published these votes : * resolved upon the question , that an army shall be forthwith raised , for the safety of the kings person , the defence of both houses of parliament , and of those who have obeyed their orders and commands , and preserving of the true religion , the laws , liberty and peace of the kingdom : that the earl of essex shall be the general : that in this cause , for the safety of the kings person , defence of both houses of parliament , and of those who have obeyed their orders and commands , and preserving of true religion , the laws , liberty and peace of the kingdom , they will live and die with the earl of essex , whom they have nominated general in this cause . that a petition should be framed , to move his majesty to a good accord with his parliament , to prevent a civil war . which petition and votes were presented to the lords ; who returned answer ; they did concur with the house of commons , in omnibus . after this the lords and commons in their h ordinances of martii . and august . for the speedy raising and levying money for the maintenance of the army raised by the parliament , and sundry other ordinances , whiles the earl of essex was general , did declare ; that the only causes for which they have raised and do continue an army and forces , are the necessary defence of the true protestant religion , of themselves and the parliament from violence and destruction , of this kingdom from forein invasion , and bringing notorious offendors to condign punishment , the preservation of the laws and liberties of this kingdom , and the kings person . and the i earl of essex himself , in his proclamation to prevent plundering , the . of april . as he stiles himself , captain general of the army , raised and imployed for the defence of the protestant religion , king , parliament and kingdom ; so he declares , that this army is raised for the defence of the king , parliament , and kingdom , the preservation of gods true religion , and the just rights and liberties of the subjects from violence and oppression . the year next following , when the scotish forces were called and brought in for our assistance to joyn with the english army and forces ; the self same good old cause in every branch thereof was avowed and espoused by them , and no other , as both houses of parliament and the scots themselves declared to all the world in (k) several printed ordinances , declarations , remonstrances , and in the solemn league and covenant , which the officers and souldiers of both armies , as well as members of the parliaments of both kingdoms , and all well-affected persons in england , scotland , and ireland , generally subcribed in a most chearfull , publick , and sacred manner : yea * oliver cromwell himself ( both as a member and lieutenant general ) being the th . member who subscribed it . the command of the parliaments forces and army , being afterwards translated from the earl of ess●x to sir thomas fairfax , by an (l) ordinance of the lords and ●ommons in parliament , febr. . for raysing and maintaining the sorces under his command : both houses ordained , that there be forthwith raysed and armed for the d●fence of the king and parliament , the true protestant religion , and the laws and liberties of the kingdom , an army consisting of horse , dragooners , and foot , under the immediate command of sir thomas fairfax knight , who is hereby constituted commander in chief of all the forces raysed by this ordinance , and shall from time to time be subject to such orders and directions as be shall receive from time to time from both houses of parliament , or from the committee of both kingdoms . and it is fu●ther provided by this ordinance , that all commanders and officers that shall be imployed in this army , and to be approved by both houses of parliament , and all the common souldiers of this a●my shall ●ake the national league and covenant of both kingdoms , within dayes after they be listed in the said army ; and that all such who shall refuse the said solemn league and covenant , shall upon such their refusal be displaced , and shall not be admitted into any office or command in the said army , untill they shall have taken the said solemn league and covenant , in such form as is there prescribed , and such their conformity approved of by both houses of parliament . in the (m) ordinance of the lords and commons assembled in parliament , for the speedy raysing and impressing of men for the recruiting the forces under the command of sir thomas fairfax , febr. . they declared , forasmuch as the true protestant religion , the laws and liberties of the subject were in danger to be subverted idolatry , and tyranny , like to be introdu●ed by the force & power of several armies raysed by pretence of the kings authority , &c. be it therefore ordained by the lords and commons assembled in parliament , that the committees of the militia for the city of london , the deputy lieutenants and committees of parliament in every county , city , or place within the realm , shall from time to time , raise , leavy , and imprest such number of soldiers , gunners , and chyrurgions , for the defence of the king , parliament , and kingdom as shall be appointed by both houses of parliament , the committee of both kingdoms , or by sir thomas fairfax . the like recitals of this good old cause , and ends for which this army under him and others was raised , are used in n other ordinances . if this be not sufficient evidence , that sir thomas fai●fax , and the general counsel of the officers and army under him took up arms , and engaged only for this good old cause and ends , and none else , thus declared by both houses of parliament , the very title of their several remonstrances , and declarations penned by themselves , printed by their own order in one collection , london . will resolve the world , themselves , and all other souldiers since incorporated into the a●my past all contradiction , being thus intituled , a declara●ion of the engagements , remonstrances , representations , proposals , desires , and resolutions from his excellency sir tho. fai●fax and the general councel of the army for setling his majesty in his ●ust rights , the parliament in their just privileges , & the subjects in their liberties and freedoms also representations of the grievances of the kingdom , and remedies propounded for removing the present pressures ( by taxes and excises ) : and the resolution of the army , for the establishing of a firm and lasting peace , in church and kingdom . this being the title , sum of all their engagements , remonstrances , representations , proposals , r●solutions , it is superfluous to recite all the particular passages in them tending to these ends : only it will not be unseasonable to remind them of this one passage in their declaration of september . . concerning the fundamental authority and government of the kingdom , p. . whereas a member of the general councel of this army hath publickly declared and expressed himself , that there is no visible authority in the kingdom but the power & force of the sword , ( the only good old cause now cryed up by some in deeds if not in words ) we therefore the said general counsel , to testifie how far our hearts and minds are from any design of setting up the power of the sword above or against the authority & government of the kingdom , and our readiness to maintain & uphold the said authority , have by a free vote in the said counsel ( 〈◊〉 man contradicting ) judged the said member to be expelled the said councel which we hereby thought fit to publish as a clear manifestation of our dislike and disavowing such principles or practises ( yet now revived , practised . ) this being the right state of the true good old cause & only ends for which all the forces , armies , under the forenamed or any other generals since , were first raised , commissioned , and hitherto maintained , continued , at the peoples vast expence , as both houses of parliament ; the kingdoms , parliaments of england , scotland , the generals , officers , and general councils of the army themselves , have thus from time to time remonstrated in print to all the world , yea ratified by the protestation , o the sacred vow and covenant , the national league and covenant , with other sacred oaths and obligations , obliging them faithfully , constantly , & sincerely to defend , maintain & persevere therein all the dayes of their lives ; and to promote the same to their power against all oppositions , lets & impediments whatsoever according to their power , without suffering themselves directly or indirectly by whatsoever combination , perswasion or terror , to be divided , withdrawn or make defecti●n from the same . which covenants , vows , protestations , they professed they all made in the presence of almighty god , the searcher of all hearts , with a true intention to perform the same . if there be any other cause now or lately espoused by any members of parliament , officers , soldiers , english , scots , irish , of what ever condition , sect , or party , inconsistent with , or repugnant , destructive to this good old cause , or any branch thereof ; it cannot without an apparent contraction , absurdity , & falshood , be stiled ; either a good or old , much lesse , the good old cause , for which the parliament , army , soldiers kingdom , or any others adhering to them first took up arms , and so long engaged in ; but rather a bad , a new unrighteous cause , or gunpowder-plot , originally contrived & secretly fomented by popish emissaries , i●suits , & their seduced disciples : or a good cause only as war is styled good , p bellum quasi belluinum , or minime ponum : and old only in these respects , ( if conscientiously examined by any who shall either promote or engage in it ) because it proceeds orig●nally from the q old serpent , and dragon , the devil , ( a seducer , lyar , murderer from the beginning ; the spirit who r now rules in the children of disobedience , to engage them in this cause : ) because it suits with , and proceeds , issues from the s old man , which is corrupt according to the deceitfull lusts , which they have not yet crucified , nor put off with his deeds , after all their fastings , humiliations , prayers ; because it strongly relisheth of the t old seven of malice and wickedness , which they have not yet purged out , that they might be anew sump , and is carried on with a despitefull and revengefull heart , ( to destroy , whatever they formerly engaged to preserve as the true good old cause ) because of the u old hatred : because they perceive , that this new pretended good cause they had set up and pursued , now decayeth and waxeth x old , and is ready to vanish away ; unless they put all their might , and the strength of the whole army to support it because , it is the y old way which wicked men , ( the old gunpowder traitors ) have formerly trudden ; which were cut down out of time ; whose foundation was overflown with a floud . or finally , because it was first set on foot and promoted , z by certain men crept in unawares ( into the army and nation from jesuitical seminaries & i. leydons ) who were before of old ordained to this condemnatiō ; ungodly men , turning the grace of our god into lasciviousness , and denying the only lord god , and our lord iesus christ at lestwise in their works , ( as iude and paul inform us by an unerring divine spirit ) a being abominable , disobedient ( to all their lawfull superiors and parliaments themselves ) and to every good work reprobate ; yea , b lovers of their own selves , covetous , proud , boasters , blasphemers , disobedient to parents , unthankfull , unholy , without natural affection , truce-breakers , fa●se accusers , incontinent , fierce , despisers of those that are good , traytors , heady , high-minded , lovers of pleasures more than lovers of god : having a form of godliness , but denying the power thereof , who have made these last dayes of ours perillous times , as st. paul of old predicted . if then the false good old cause lately and now cried up and prosecuted , upon serious inquisition of any already engaged , or sollicited to ingage therein , shall upon c st. bernards threefold inquiry , an liceat , an deceat , an expediat ( which every christian ought to make into every action , before he undertake it ) clearly appear to be the old , and the good old cause , only in these respects ; which render it most desperately wicked , ill , and new , ●otally inconsistent with , p●ofessedly repugnant to , subversive of that real good old cause , wherein they first ingag●d ; here truly stated : let all officers , soldiers of the army , and others who have any remainders of conscience , ingenuity , honesty , or indeared affections lest in them to the peace , welfa●e , safety , settlement , fundamental laws , government , parliaments , liberties , weal , prosperity of our endangered , shaken subverted church , state parliaments ; eternally renounce this spurious imposture , and gibeonìtish stratagem inevitably to destroy them all : and remember the genuine , true , good old cause here ●ightly stated , d from whence they have fallen ; and repent , and do their first works lest christ come upon them quickly , and remove both them , their and our candlestick out of its place , except they and we repent . and let all such commanders , officers of the ar●y , and their confederates , who against their commissions , trusts , duties , covenants , declarations , and solemn engagements , first mutinied the army against the houses , & members of parliament , for the defence of whose persons , privileges , & session they were principally raised ; and secluded , secured the members , dissolved both houses , and the parliament it self , one after another : and have since bin kept and thrust out of the parliament house , secured , dissolved themselves by their fellow . officers , and soldiers directly or indirectly , several times ; now seriously consider , how god hath scourged them with their own black rod , and president of disobedience , and taken them in their own snare : that ( e adonibezeck like ) as they have done to others , so god hath required them , & f recompenced unto them the deed they did to us . that g with the same measure they meeted to others , it hath been , and shall be measured to them again . if any of them , or their confederates , have an ear to hear , let them hear this further irreversible decree of the immutable god , and soveraign judge of all the earth rev. . he that leadeth into captivity , shall go into captivity . he that killeth with the sword shall be killed with the sword . he●e is the patience and faith of the saints . and if any engaged in the new fictitious , against the real true good old cause , believe & tremble not at the consideration thereof , he hath neither the faith nor patience of the saints , though he usurp and engross the name of a saint to himself : & shall find it experimentally verified in conclusion ; as many others have already done , who now like fools repent too late , of what is past their skill and power to redress . finis , notes, typically marginal, from the original text notes for div a e- a iosh. . , &c. b exod. . , . c. . . deut. . , . c peter mouhis nouveaute du papisme oppose à antiquitè de uray christianisme . sed●n . bishop ushers answer to the iesuites challenge . d the author of the protestant religion . london . . kellisons survey of the new religion . doway . * if they mean by this good old cause , their new-commonwealth , it was begotten but in march , . had presently unknown guardians and governors set over it till then a new protector , under whose wardship it still continues as an infant , but of ten years birth , and if he be removed , it must be in ward to the army officers till its full age . how then can they call it old , or the good old man or cause , without a contradiction and absurdity ? (e) exact collect . p. , , , &c. , , , , , &c. (f) exact collection ; p. , , . * the true description of a cavalier : which some who most condemned them , have now actually drawn upon themselves in overthrowing the parliament by force . g exact collection , p. , . * and by an ordinance of both houses , martii . a collection of ordinances , p. . h exact col. p. . an appendix , p. . i a collect. p. , . (k) a collect of ordinances p. , , , , , , , , , &c. , &c. * a collection . p. . (l) collection p. . . (m) a collection p. . n a collection , p. , , , . nota. o a collection p , , , , , . p cicero , calepine , holioke , tit. bellum . q rev. . . c. . . iohn . . r eph , , . s ephes. . . . rom. . . col. . . t cor. . , . u ezek. . . x heb. , . y iob . , . z iude . a titus . . b tim. . , , , , , . c de consideratione , lib. . d rev. . . e judges . . . f ps. . . g luke . . no fool, to the old fool l'estrange, roger, sir, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing l a thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) no fool, to the old fool l'estrange, roger, sir, - . sheet ([ ] p.) s.n., [london : ] signed and dated at end: tho. scot. [i.e. sir roger l'estrange] march . . imprint from wing. reproduction of the original in the british library. eng charles -- ii, -- king of england, - -- early works to . england and wales. -- parliament -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no no fool, to the old fool: l'estrange, roger, sir d the rate of defects per , words puts this text in the d category of texts with between and defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - john pas sampled and proofread - john pas text and markup reviewed and edited - pfs batch review (qc) and xml conversion no fool , to the old fool : heark ye my masters ; — for one half quarter of an hour now , let 's be as wise as woodcocks ; and talk a little treason . why should not we thrive in the world as well as our neighbours ? had not other people heads , and souls to lose as well as we ? if men will be damn'd , they had better damn rich than poor : — as bradshaw ; and th' attorney general damn'd ; and as they damn at westminster ; — as bishop arthur does intend to damn : and there 's another fellow — what d'ye call him ? — pish — i 'm the worst at names — he had a writing office , i remember ; — he that sold a parcel of prisoners to a scrivener : — he served a lawyer once , and afterwards a brewer , both of a name — that fellow , will damn , damn'dly rich. his master too , is in a fair way to th' devil . i could name you a hundred of these thriving lads , whom , though the honest world despises ; — believe me , — two or three hundred-thousand pound , is a convenient plaster for a broken head ; there 's something to bear charges yet . there 's power and plenty . — they cousen , whom they please : — hang , and draw , at will ; — they keep their lacquies , and their whores : and at the last , they go to hell in triumph . they have their blacks , and elegies , and leave the state to pay the draper , and the poet . t would make a man bepisse himself , to see the soft , and tender-hearted needham , weeping ( like niobe , till he turn's t'a stone ) over the tomb of bradshaw , — to see him cry with one eye , and laugh with th' other , and yet , the tragicomical puppy , keeps his countenance . the teares of such a saint , cannot but fall , like drops of lambeth-ale , upon the tongue of dives , — how great a consolation was it ( think ye ) to the late protector , to find himself placed at the right hand of god ? by sterry ( that blasphemous , bold phanatique ) of whose condition , charity it self can scarce admit a comfortable thought . for , after a long course , of treason , murther , sacrilege , perjury , rapine , &c. he finish'd his accursed life , in agony , and fury ; and without any mark of true repentance . you 'll say he was the braver villain for 't . — crimes of this large extent , have indeed something that 's masouline to allay them . but to be damn'd for sneaking , to purchase hell at the price of all that 's pleasant here : — to contract sin , and beggery , in the same act and moment ; this is the most impudent , and ridiculous wickedness that may be . he that indents with the devil , has a merry bargain , compar'd with us ; there 's time , and pleasure . here , the vengeance treads upon the heels of the offence ; and the punishment of our misdoings , is the necessary ▪ and next immediate effect of them . — in paying taxes , to an vsurped power ; there , a defection from the righ● , and a complyance with the wrong , renders us doubly criminal — and in this case , we doe but buy our chaynes , and the very next effect of our disobedience , is slavery ▪ it comes all to a point , in what concerns subjection to unlawfull powers . vnder a force , — is a brutish argument . vice is the obliquity of the will : that 's free . the same plea lies in the case of martyrdom : and by the same rule we may renounceour maker . if wicked , we 're resolv'd to be , — let 's go a nobler way to work — let 's get a matter of half a dozen crafty knaves toget●e● ; take in some thirty or forty slye rascals into the gang , and call our selves a parliament . why gentlemen ? this is no imp●ssible thing , our title is as good as theirs , that ha' done the same thing before us , but then be sure of the proportion . seven parts of eight must have neither wit nor honesty : yet doe look as wise as judges , and in the middle of their pater-nosters pick their neighbours pockets . these are to be directed by the rooks , and by them both , the nation , which would be over ▪ stock'd with cheats , were any more admitted into the grand conspiracy against the people , to personal abuses , the rest are likewise qualified . they may imprison when , where , and whom they please , without cause shewed , their will is a sufficient warrant for the well-affected . in fine , they are the peoples voice , and that'● the voice of heaven . why now should we despair of the same events , from the same means , considering , what a drowsie patient , and phlegmatick people we have to deal with ? shall's fool a little ? let us vote down magna charta , and the petition of right ! — settle a preaching militia , and a fighting ministry ? — out with our whinyards , and off with the names , instead of the heads of the kings tryers ; as okey did upon the change . take away monk's commission ; petition the souldiery to petition us , to declare our selves perpetual ; — bind up the nation under limitation for the next session , and exclude all but our own party from the choice . no matter for the law or conscience of the business — articles of surrender ; and publick acts of indemnity , amount to nothing ▪ — oaths , and covenants , are but occ●sion●l submissons to conveniency : not binding any man , that in the very act of taking them , resolves to break them . let things come to the worst ; when we have overturned the government ; — polluted the very altar , with our masters blood — cheated the publique , &c. — it is but to whine , and snivel to the people ; tell them we were misled , by carnal appetites ; — cloath all our rogueryes , in scripture-phrase — humble our selves before the lord ; ( but not a sy●lable concerning restitution ) and they 'll forgive us ; nay , perhaps , trust us too : think us their friends for doing them no more than all the harm we could . — 't is a good natu'rd sort of beast , — the common-people , if it be pleased ; and 't is the easiest thing in nature , for fools and knaves to please it . they have not been gull'd half long enough yet , — what will you say now , to a new-parliament made of an old one ? as there 's no fool , to the old one , so there 's no knave to the old one . what do ye think of your episcopal cole-marchant sir arthur , for durham : and let him bring in his fellow-labourer sir harry vane for newcastle ? in the city of london , you cannot choose amisse , provided , that ireton or titchburn , be one ; and that he chuse his fellows . — for kent , no man like sir michael livesy , ( a knave , a fool , and a coward . ) — for norfolk , let miles corbet be one , and if the house does not like him , let 'um recommend him to the red bull , for he personates a fool or a devil , without the charge either of a habit or a vizor . if the nation be so charitably disposed , as to erect an hospital in favour of the lame , the rotten , and the blind , let 'um take in limping luke robinson ; rheumatique mounson ( this poor gentlemen has the mourning of the chine ; ) bobtayl'd scot ; and the blinking cobler . — but why do i pretend to direct in particular ? — among the kings tryers ; excise men , sequestratours , close committee-men , major-generals , buyers and sellers of crown and church-lands , &c. — they may wink and chuse . alas , they 're all converted . i 'm sure he 's right , cryes one ; he told me so . dull sotts that we are ! let us be right our selves ; and then , what need we care who 's wrong ? i 'll put a case to you : suppose , upon the dissolution of this session , six or seven thousand of the phanatique souldjery , that knows , a settlement destroys their trade ; should try a blow for 't yet ; and by the help of some of their confedederates , yet in appearance of authority , should put a force upon the honest party : ( 't is but to suppose , what many of that gang are bold enough in publique to declare ) i have a phansy you 'll look on still , and betake your selves to your old senseless plea , — they have the power . — which , if you do — no no ; you cannot be so tame , and witlesse . be carefull whom you trust , either in your militia , or counsels ; chuse persons of estates honestly gotten ; such , whom the law preserves , will preserve the law . whereas , if you chuse such as have an interest of their own , that th'warts the publique ; you 're very charitable , to believe that those very people , who all this while , have cheated you to benefit them selves , should , at the last , adventure all to preserve you . look before you leap tho. scot . march . . finis . die sabbathi, . maii, . resolved, &c. that all such delinquents that have compounded at goldsmiths-hall, and their compositions reported and allowed, ... england and wales. parliament. house of commons. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) die sabbathi, . maii, . resolved, &c. that all such delinquents that have compounded at goldsmiths-hall, and their compositions reported and allowed, ... england and wales. parliament. house of commons. sheet ([ ] p.) printed by richard cotes, london : . title from caption and opening words of text. includes two other resolutions concerning delinquents, dated and may respectively. signed: hen. scobell, cler. parliament. reproduction of the original in the british library. eng taxation -- england -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no die sabbathi, . maii, . resolved, &c. that all such delinquents that have compounded at goldsmiths-hall, and their compositions report england and wales. parliament. a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion die sabbathi , . maii , . resolved , &c. that all such delinquents that have compounded at goldsmiths-hall , and their compositions reported and allowed , and their ordinances passed both houses of parliament , shall pay in their monies according to their compositions , without expecting any further reveiw ; and that all those whose reports are made , and ordinances passed this house , and not passed in the house of peeres , upon what pretence whatsoever , except for the breach of articles , shall pay in their monies as aforesaid without expecting any review . hen. scobell , cler. parliament . die sabbathi , . maii , . ordered by the commons assembled in parliament , that the cases of all such delinquents , as were appointed by order , to be taken into consideration this day , be referred to the committee at goldsmiths-hall , to hear and determine the same , as the merits of their particular cases shal require , according to the rules formerly given by this house . hen. scobell , cler. parliament . die mercurii , maii , . resolved upon the question by the commons assembled in parliament , that the reports of all such fines as have not past either house shall bee forthwith drawn up and presented to the commissioners mentioned in the act , entituled , ( an act prescribing certain times to delinquents for perfecting their compositions , ) for their approbation in order to a finall discharge . resolved , &c. that the said reports shall be made to the commissioners in order of time as they were set , and not otherwise . resolved , &c. that such reports being made , and the fines allowed and confirmed by the said commissioners , a finall discharge shall issue forth to every such compounder , according to the authority and directions expressed in the said act ; and if any compounder shal not pay in his whole fine within six weeks after his composition shall be allowed and confirmed as aforesaid , that then he shall incurre the full penalties expressed in the aforesaid act . resolved , &c. that the cases of all delinquents compounders , who have petitioned for mitigation of their compositions , and all such whose reports are not yet made to this house , and are ordered to be specially reported ( except all such as are secluded by the vote made the th . of may , . shall be , and hereby are referred unto the commissioners at goldsmiths-hall , to hear and determine all the said cases , the said commissioners proceeding therein according to the rules for compositions given them by the house , and according to such articles , as the compounder hath just right unto , the said articles being allowed and confirmed by both or either house of parliament . ordered , that these votes be forthwith printed and published . hen. scobell , cleric . parliament . london printed by richard cotes , . by the king. a proclamation forbidding all the tenants or debtors of such who are in actuall and open rebellion, or who adhere to, or assist the rebels, to pay any rents or debts to such persons or any of them. england and wales. sovereign ( - : charles i) this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing c thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) by the king. a proclamation forbidding all the tenants or debtors of such who are in actuall and open rebellion, or who adhere to, or assist the rebels, to pay any rents or debts to such persons or any of them. england and wales. sovereign ( - : charles i) charles i, king of england, - . sheet ([ ] p.) by leonard lychfield, printer to the vniversity, printed at oxford [i.e. london] : . actual place of publication from wing. dated at end: given at our court at oxford, the twenty fifth day of september, in the nineteenth year of our reigne. with engraving of royal seal at head of document. annotation on thomason copy: "september : octob. th". reproductions of the originals in the harvard university library (early english books), and the british library (thomason tracts). eng great britain -- history -- civil war, - -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no by the king. a proclamation forbidding all the tenants or debtors of such who are in actuall and open rebellion, or who adhere to, or assist england and wales. sovereign a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion cr honi soit qvi mal y pense royal blazon or coat of arms by the king . ❧ a proclamation forbidding all the tenants or debtors of such who are in actuall and open rebellion , or who adhere to , or assist the rebels , to pay any rents or debts to such persons or any of them . whereas vve have , by our severall proclamations , bearing date the eight day of march last , and the seventh day of aprill last , published our resolution to grant our commissions for the seizing of the goods , and sequestring the estates of all such persons who are in rebellion , or doe assist those who are , to the intent that such their goods , and rents , may be safely deposited , untill such time as the offenders can be brought to legall triall , which shall speedily proceed against them as soon as they can be apprehended , and delivered into the hands of iustice . and vve did therefore command all persons who were any wayes indebted unto , and all the severall tenants of all such persons , to forbeare to pay any rents or debts due to the said severall persons , but to detaine the same in their hands towards the maintenance of the peace of the severall counties , and the reparation of such men vvho have suffered by the violence of the rebells . since which time it hath pleased god so far , and so eminently to blesse our armies , that we have againe reduced severall counties to our obedience , which were for the greatest part , if not totally , possessed by the rebells : and considering therefore that it is very probable our said proclamations were kept from the knowledge of our good subjects of those counties , vve have once more thought fit to publish the same , and do hereby declare to all our loving subjects whatsoever , that as vve have already issued out such our commissious into severall counties , in which we give authority to the persons trusted by vs to distinguish betweene those who have been active and malitious contrivers of this rebellion , and those who have been through weaknesse or feare seduced by them : so vve will dayly issue out other commissions to the same purpose . and vvee doe straitly charge and command all our loving subjects of what condition soever , as they will answer their disobedience at their utmost perills , that they pay no rents or debts which now are , or hereafter shall grow due to any persons who either are , or lately have been in rebellion , ( and have not since submitted themselves to vs ) or to any such who adhere to , or assist those who are in rebellion , and that they presume not to receive any goods , money or stocke in trust for any such persons , but that they faithfully account , and pay the same to such persons as either are , or shall be intrusted by vs for that purpose , and we shall proceed against all such persons who shall wilfully , and peremptorily disobey vs herein , as against persons notoriously disaffected to vs and our service . and our pleasure is , that this our proclamation be read in all churches and chappells through this our kingdome . given at our court at oxford , the twenty fifth day of september , in the nineteenth year of our reigne . god save the king . printed at oxford , by leonard lychfield , printer to the vniversity , . his majesties message sent to both houses of parliament january . . england and wales. sovereign ( - : charles i) this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing c ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing c estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) his majesties message sent to both houses of parliament january . . england and wales. sovereign ( - : charles i) charles i, king of england, - . broadside. by robert barker ... and by the assignes of john bill, imprinted at york : . imperfect: torn, with slight loss of print. reproduction of original in the harvard university library. eng great britain -- history -- civil war, - . great britain -- politics and government -- - . a r (wing c ). civilwar no his majesties message sent to both houses of parliament. january . . england and wales. sovereign d the rate of defects per , words puts this text in the d category of texts with between and defects per , words. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - john pas sampled and proofread - john pas text and markup reviewed and edited - pfs batch review (qc) and xml conversion ❧ his majesties message sent to both houses of parliament . january . . his majestie perceiving the manifold distractions which are now in this kingdom , which cannot but bring great inconvenience and mischiefs to this whole government ; in which as his majestie is most chiefly interessed , so he holds himself by many reasons , most obliged to do what in him lies , for the preventing thereof ; though he might justly expect ( as most proper for the duty of subjects ) that propositions for the remedies of these evils , ought rather to come to him then from him ; yet his fatherly care of all his people being such , that he will rather lay by any particular respect of his own dignity , then that any time should be lost for prevention on of these threatning evils , which cannot admit the delayes of the ordinary proceedings in parliament ; doth think fit to make this ensuing proposition to both houses of parliament : that they will with all speed fall into a serious consideration of all those particulars , which they shall hold necessary , as well for the upholding and maintaining of his majesties ●ust and regall authority , and for the setling of his revenue ; as for the present and fu●e establishment of their priviledges ; the free and quiet enjoying of their estates and fortunes ; the liberties of their persons ; the security of the true religion now professed in the church of england ; and the setling of ceremonies , in such a manner as may take away all just offence . which when they shall have digested , and composed into one entire body , that so his majestie and themselves may be able to make the more clear iudgement of them ; it shall then appear by what his majestie shall do , how far he hath been from intending or designing any of those things , which the too great fears and iealousies of some persons seem to apprehend ; and how ready he will be to equall and exceed the greatest examples of the most indulgent princes in their acts of grace and favour to their people . so that if all the present distractions ( which so apparantly threaten the ruine of this kingdom ) do not ( by the blessing of almighty god ) end in an happy and blessed accommodation ; his majestie will then be ready to call heaven and earth , god and man to witnesse , that if hath not failed on his part . ¶ imprinted at york by robert barker , printer to the kings most excellent majestie : and by the assignes of john bill . . love and truth in two modest and peaceable letters concerning the distempers of the present times / written from a quiet and conformable citizen of london to two busie and factious shop-keepers in coventry. walton, izaak, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing w estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) love and truth in two modest and peaceable letters concerning the distempers of the present times / written from a quiet and conformable citizen of london to two busie and factious shop-keepers in coventry. walton, izaak, - . [ ], [i.e. ] p. printed by m.c. for henry brome ..., london : . attributed to walton by wing and nuc pre- imprints. error in paging: numbers - omitted; text continuous. reproduction of original in the huntington library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng church of england -- apologetic works. dissenters, religious -- controversial literature. great britain -- politics and government -- - . - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - tcp staff (michigan) sampled and proofread - tcp staff (michigan) text and markup reviewed and edited - pfs batch review (qc) and xml conversion love and truth : in two modest and peaceable letters . concerning the distempers of the present times . written from a quiet and conformable citizen of london , to two busie and factious shop-keepers in conventry . pet. . . but let none of you suffer as a busie-body in other mens matters . london , printed by m. c. for h●nry brome at the gun in st. pauls church-yard . . to mr. henry brome in st. paul's churchyard , london . sir , i here send you two letters , ( the first writ in the year . ) both writ by a prudent and conformable quiet citizen of london , to two brothers , that now are , or were zealous , and busie shop-keepers in conventry ; to which place i came lately ; and by accident met with a grave divine , who commended them to my reading : and having done what he desired ; i thought them to speak so much real truth , and clear reason , and both so lovingly and so plainly , that i thought them worth my transcribing ; and now , upon second thoughts , think them worth printing , in order to the unbeguiling many men that mean well , and yet have been too busie in medling , and decrying things they understand not . pray , get them to be read by some person of honesty and judgment : and if he shall think as i do , then let them be printed ; for i hope they may turn somewhat to your own profit , but mnch more to the benefit of any reader that has been mistaken , and is willing to be unbeguiled . may . . god keep you sir , your friend . n. n. the first letter concerning comprehension , written . good consin , i am sorry , that the parliaments casting out the bill of comprehension should so much concern you as to put you into such a passion as you exprest against them , and me , at our last nights meeting . sure the company you now converse with , and the strange principles with which they have now possest you , have alter'd your nature , pue turn'd your former reason into prejudice , and unbelief ; if not , you would have believed what i did so seriously affirm to be a known truth : namely , i bat this age is not more severe against the disturbers of the settled peace and government of the church and state , than they were in the very happy days of our late and good queen elizabeth some of the reasons why i said so i do with very much affection tender to your consideration , and to your censure too ; and , that the last may be the more charitable , and you not apt to make the errours or failings of your governours , seem more or greater than indeed they are ; let me intreat that you remember what i have very often said to you ; namely , that malicious men ( of whom really i do not take you to be one ) are the best accusers , and the worst judges . and indeed i fear it would prove to be a very bitter truth , if some did attain that power which too many labour for in these days , in which schism and sedition are taken to be no sins ; even by men who pretend a tenderness of conscience in much smaller matters . and , that i may keep some order , and you be the better satisfied in what i intend in this letter ; i earnestly intreat that you will at your next leisure read in mr. cambdens true history of the life and reign of our good queen elizabeth ; in which you may find , what care was then taken to prevent schism , and the sad confusion that attends it ; and , how the contrivers of libels , and dispersers of them , have been severely punish ; many of them even to death ; as namely , henry barrow , and many of his sectaries for disturbing the publick peace of the nation , by scattering abroad their monsterous opinions ; as also , for affirming the church of england to be no true church ; and the like : which you may find written by the said mr. cambden in the thirty-sixth year of that good queens reign . but , i commend more especially to your consideration , the story and sad death of hacket , and his adherents ; as namely , of wigirton , arthington , and copinger , all schismaticks , and of one sect and brotherhood : but i say , i do most seriously commend to your consideration the beginning and death of the said hacket ; who was first a pretender to a tenderness of conscience , but a schismatick ; and stopt not there , but became by degrees , so fully possest by the evil spirit , the spirit of pride and opposition , that he publickly reviled the queen , the archbishop of canterbury , and the lord chanceilour ; and being transported with a furious zeal did at last become from a schismatick to be so infamous an heretick , that he was condemned to death for his abominable errors ; at which time he reviled and curs'd his judges ; and died blaspheming and reproaching his creator : this you may read in the thirty-fourth year of queen elizabeth , as it is written by honest learned mr. cambden , who concludes this sad story of hachet with this observation , thus doth the enemy of mankind bewitch those men whom he seeth are not concent to he wise unto sobriety . these stories i say , and too many like them , you may find in mr. cambdens history of queen elizabeth ; and you may find the like in bishop spotswoods history of the church of scotland ; and also find the like in mr. fullers history of the church of great frittain ; in which you may observe what labour hath been used by the discontented non-conformists to unsettle the government of the church of england , and consequently of the state ; and may there also find , how severely many of them have been punished : so that you need not wonder at what ; said last night ; nor think these the only times of persecuting men of tender consciences . and for the better confirmation of what i now write , i will refer you to one testimony more , in the time of our late peaceful king james : which testimony you may view in the second volume of the reports of judge crook , a man very learned in the law. but , i shall first tell you the occasion of that report , which was this , the non-conformists ( which are in that report called by the name of puritans ) had given out that the king had an intent to set up or give a toleration to popery ; and , they had also compos'd a large petition complaining of the severity of some usage , and of some laws that concerned themselves ; and defired that the severity of those laws might be mitigated ; these and other like desires were in the said petition ; to which they had procured not less than seven hundred hands ; and the close of the petition was , that if these desires were not granted , many thousands of his subjects would be discontented : which indeed was not a threatning , but was understood to be somewhat like it . this report of his majesties intent to set up or tolerate popery , begot many fears and discontents in the nation , and to prevent greater disturbances the king did appoint many of his privy council , and all the judges of the land , to meet together in the star-chamber , in which assembly the lord chancellour declared to them the occasion of this their publick convention ; and asked the judges this following question : ( as you may read it in the very same words in the said learned judges reports in the second year of the reign of king james . ) whether it were an offence punishable , and what punishment they deserved , who fra●ed petitions and collected a multitude of bands thereto , to prefer to the king in a publick cause as the puritans had done , with an intimation to the king , that if be denied their suit , many thousands of his subjects would be discontented . whereto all the judges answered , that it was an offence finable at discretion , and very near treason and felony in the punishment ; for , they tended to the raising sedition , rebellion , and discontent among the people : to which resolution all the lords agreed . and then many of the lords declared , that some of the puritans bad raised a false rumour of the king. that he intended to grans a toleration to papists : which offence the judges conceived to be h●inously finable by the rules of the common law , either in the kings bench , or by the king and his council ; or now , ( since the statute of the third of henry the seventh ) in the star-chamber . and thelords severally declared , how much the king was discontented with the said false rumour and had made but the day before a protestation to them , that be never intendedit ; and , that he would spend the last drop of bloud in his body , before he would do it ; and prayed , that before he or any of his issue should maintain any other religion than what he truly professed and maintained , that god would take them out of the world. this you may find in that report of that learned judge , as it was left among many other of reports , all exactly written with his own hand ; and , as they are now publisht by sir hirebottle grimstone , who is now the worthy master of the rolls . and you may note , that the said reports were publisht in the year . at which time , oliver the tyrant was in his full power ; and , you may there find , that even all olivers judges allowed these reports to be made publick , and subseribed their names to them ; and with oliver's consent doubtless . for , he had found , that those very non conformists , whose sedition helpt him into his power ; became after a short time as restless and discontent with him , as they had been with their lawful king ; and indeed as willi g to pull him down , as they had been diligent to set him up . dear cousin ! these places , to which i have referred you , for a testimony of what i said , are not to be doubted ; and , though you would not then give any credit to what i assured you i knew to be a truth ; yet i hope you now will : if not , search , and you shall find them true . and now seriously sir ! let me appeal to your own conscience , and ask ( though you would not then believe me ) how easily would you have given credit to any stranger , that had brought you news of any error committed by any bishop or their chaplains ; or by any of the conformable clergy , though there were not any reasonable probability for it . dear cousin , consider what i say , and consider there is a great stock of innocent bloud to be answered for ; not only the bloud of our late vertuous king and the bloud of the archbishop of canterbury , and the lord strafford , whose deaths were occasioned by the indiscreet zeal and restless fury and clamours of the non-conformists : and not only the bloud of these , but the ruine of many good and innocent families , that now eat the bread of sorrow , by being impoverished and undon by these troublesom pretenders to conscience : and which is worse , there is a corruption of the innocence and manners of the greatest part of the nation to be answered for ; and all this occasioned by our late civil war , and that war , occasioned by the fury and zeal of the discontented restiess non conformists ; and them only ; and note , that till then we knew not the name of independent , or of seeker , or qusker . cousin these are the sad effects of these busie-bodies ; many of whom god hath still so blinded that they cannot yet see the errors they have run themselves and the nation into ; nay , that would imbroil it again into greater ruine than not be complied with in their peevish desires , which they miscall tenderness of conscience . dear cousin , i will not say all , but indeed , too many of the men with whom you comply , and do so much magnifie , are too like simeon and levi that were brethren in this iniquity . and as you love the peace of the church , in which you were baptized ; and the peace of the land in which you were born , and the laws by which you enjoy what you have ; nay , as you love the peace of your own soul , draw back , and let it not enter any more into their councils or confederacy ; but at last take notice that though neither you , nor any of your associates scruple at the sin of scbism or sedition , but rush into it without consideration or fear , even as a horse rushes into the battel ; yet , i pray take notice that st. paul in his epistle to the galatians , reckons it with the deeds of the flesh , even with murder and witchcrast , which you so much abhor ; and let me tell you , many think sedition a more hainous sin than they , by reason of the more evil and destructive effects of it : for , murder may become so by taking away the life of but one single person : and witchcraft hath its limits and bounds set to it , perhaps so as not to take away the life of any man , but only to do mischief to a single person , or a family , and must end there . but who knows the limits of sedition ? or , when the fire is kindled , which is intended by seditious men , who can , who is able to quench it ? and for some proofs of the miserable effects of it , though i might give you too many instances of them in former times ; yet i will only refer you to the late long parliament now fresh in memory , and the woful effects of that civil war , begot and maintained by schismatical , seditious , discontenced men , that believed themselves fit to be reformers , when god knows well they were not . and for the sorrow you express for those men of tender consciences , that are scandalized at wearing a surplice , kneeling at receiving the sacrament , the cross in baptism , and the like ; and would have them therefore taken away , that so many , so learned , and so godly men might by taking them away , be brought to a conformity . and made capable of preaching the gospel , which otherwise they cannot do , by being scandalized at these ceremonies : i now ask you , what if more men , and more learned men , and more godly men , and as tender-conscienced men , shall be scandalized by their being taken away ? what care will you , or those of your party , take for their tender consciences ? nay , i ask again , what if we forget or neglect the tender consciences of our own party , and comply with yours ? what security can you or they give us , that this shall satisfie them so as to ask no more when this is granted ? or , that a year hence their disciples , or their successours shall rest satisfied with what is now desired or granted ? really , i cannot think any security can be given , but that all this being granted , yet any man of a melancholly , or a malicious , or a peevish , or a santastical , or a wanton conscience ; or a conscience that inclines to get reputation , and court applause , may call his own a tender conscience , and become seditious , and restless , if his tender conscience be not complied with : and so no end of their desires , nor any more safety by granting what is desired . i shall next endeavour to satisfie your desire , or rather your challenge , why i go so constantly to the church service ; and my answer shall be all in love and in sincerity . i go to adore and worship my god who hath made me of nothing and preserved me from being worse than nothing . and this worship and adoration i do pay him inwardly in my soul , and testifie it outwardly by my behaviour ; as namely , by my adoration , in my forbearing to cover my head in that place dedicated to god , and only to his service ; and also , by standing up at the profession of the creed , which contains the several articles that i and all true christians profess and believe ; and also by my standing up 〈◊〉 giving glory to the father , the son , and to the holy ghost ; and confessing them to be three persous , and but one god. and ( secondly ) i go to church to praise my god for my creation and redemption , and for his many deliverances of me from the many dangers of my body , and more especially of my soul in sending me redemption by the death of his son my saviour ; and for the constant assistance of his holy spirit ; a part of which praise i perform frequently in the psalms , which are daily read in the publick congregation . and ( thirdly ) i go to church publickly to confess and bewail my sins , and to beg pardon for them , for his merits who died to reconcile me and all mankind unto god , who is both his and my father ; and as for the words in which i beg this mercy , they be the letany and collects of the church , composed by those learned and devout men whom you and i have t●usted to tell us which is , and which is not the written word of god ; and trusted also to translate those scriptures into english. and in these collects you may note , that i pray absolutely for pardon of sin , and for grace to believe and serve god : but i pray for health and peace , and plenty , conditionally , even so far as they may tend to his glory , and the good of my soul , and not further : and this confessing my sins , and begging mercy and pardon for them ; i do in my adoring my god , and by the humble posture of kneeling on my knees before him : and in this manner , and , by reverend sitting to hear some chosen parts of gods word read in the publick assembly i spend one hour of the lords day every forenoon ; and half so much time every evening . and since this uniform and devout custom , of joyning together in publick onfession , and praise , and prayer , and adoration of god , and in one manner , hath been neglected , the power of christianity and humble piety is so much decayed , that it ought not to be thought on , but with sorrow and lameutation : and , i think especially by the non-conformists . and lattly , ( for i am tedious beyond my intention ) whereas you , and your party , would have the bishops and cathedral-church lands sold to supply the present necessities of the nation ; i say , first , god prevent the nation from such necessities , as shall make them guilty of so many curses as have been by the doners of those lands intailed with thole lands upon those men , that alienate them to any other use than for the use of those that shall serve at god's altar , to which end the priests portion was kept with care and conscience till the days of king henry the eighth , who is noted , to make the first breach of those oaths that were always taken and kept by his predecessors , and taken by himself too , to preserve the church-lands ; and it is noted , that he was the first violator of those many laws made also to preserve them ; out of which lands he took , at the dissolution of the abbies , a part for himself ; exchanged a part with others , that thirsted to thrive by the dissolution ; and gave the rest to be shar d amongst the complying nobility , and other families , that then were in greatest power and favour with him ; concerning which ( if you desire a further information ) i refer you to a little treatise written by the learned sir henry spelman , ( called de non temerandis ecclesiis , ) and especial'y to the preface before it ; in which you may find many sad observations of the said king ; and find there also , that more of the nobility , and those other families , and their children that then shared the church lands , came to die by the sword of justice , and other eminent misfortunes in twenty years , than had suffered in four hundred years before the dissolution ; and for a proof of which , he refers you to the parliament rolls of the twenty-seventh of that king. and to me it seems fit that the observations of the ruine , and misfortune of the other families that were sharers of the church-lands , made by that pious and learned knight since the said twenty years , ( which he left written ) are not also made publick ; but , possibly they may pare too near the quick , and are therefore yet forborn . i will say nothing of queen elizabeth ; but for king james , i will say he did neither follow king henry's , nor her president ; and his childrens children sit this day upon his throne . and for his son , charles the first , ( who is justly called the martyr for the church : ) he had also well considered the oaths taken by all his ancestors , and by himself too at his coronation , to preserve the lands and rights of the church ; and therefore in his book of penitential meditations and vows , made in his sad solitude and imprisonment at holmby ; you may , in that chapter of the covenant there find , that at that time when he apprehended himself in danger of death , yet , that this was then his resolution . the principal end of some men in this covenant is the abasing of episcopacy into presbytery , and of robbing the church of its lands and revenues ; but i thank god as no man lay more open to the sacrilegious temptation of usurping them , ( which issuing chiefly from the crown , are held of it , and can legally revert only to the crown with my consent ) so i have always had such a perfect abborrence of it in my soul , that i never found the least inclination to such sacrilegious reformings ; and yet no man hath a greater desire to have bishops and all church-men so reformed , that they may best deserve and use , not only what the pious munificence of my predecessors have given to god and the church , but all other additions of christian bounty . but no necessity shall ever ( i hope ) drive me or mine to invade or sell the priests lands ; which pharaoh's divinity and joseph's true piety abborred to do . i had rather live , as my predecessor henry the third sometimes did , on the churches alms , than violently to take the bread out of the bishops and ministers mouths . there are ways enough to repair the breaches of the state without the ruins of the church ; as i would be a restorer of the one , so i would not be an oppressor of the other , under the pretence of publick debts ; the occasions of contracting them were bad enough , but such a discharging of them would be much worse . i pray god neither i nor mine may be accessary of either . sir , i have been longer than i intended ; for which i crave your pardon ; and beg of god , that you may at last see and well consider the many errors that your indiscreet zeal hath led you into ; and that you and your party may see also the many miseries it hath helpt to bring upon others ; and that for the remainder of your days you and they may redeem the time past , by repenting your indiscreet zeal , and study to be quiet , and to do your own business ; to this i shall encourage you , and that done , to live as unoffensively to others , and as strictly to your self as you do intend , and by god's grace added to your endeavours , he shall make you able ; and i humbly beseech almighty god , that you and i may daily practice an humble and a peaceable piety , so humble and peaceable a piety as may stop the mouths of all gain-sayers ; for , it is certain such holy and quiet living will bring peace at the last . and in this the almighty god give me grace to be like you . study to be quiet , and to do your own business , thes. . . february the . . your affectionate friend , and cosin , r. w. the second letter . dear cousin , i return you , my unfeigned thanks for your letter of the . instant , which i received three days past ; it was mixt with love and anger , but i shall in this my answer , observe what you so earnestly desire ; namely , not to justifie the errors or irregularities of those that you call my party , or my clergy . and for some testimony , that i will do what i prosess , i will begin with a confession , that i think as you say ; that when a clergy-man appears in a long , curled , trim periwig a large tippet , and a silk cassock , or the like vain and costly cloathing : if he preaches against pride , and for mortification , his hearers are neither like to believe him , or practise what he preaches , either then , or at other times , though what he says be an undoubted truth : because example is of greater power to incline men to vice , than precepts have to persuade to virtue . and i wish as heartily as you do , that all such clergy-mens wives as have silk cloaths , be-daubed with lace , and their heads hanged about with painted ribands , were enjoyned penance for their pride : and their husbands punisht for being so tame , or so lovingly-simple , as to suffer them ; for , by such cloaths , they proclaim their own ambition , and their husbands folly . and i say the like , concerning their striving for precedency ; and for the highest places in church pews . and i wish as heartily as you do , that double benefices were not dispensed with , to such an inconvenience as is now too visible . and that no dispensations might be granted for any man to be prebend , or , canon-residentiary of two churches : such as westminster and durham ; or windsor and wells : because residence , and the other duties , required in those places , is not consistent with their distance from each other ; nor , with the donors inteution : and also , because such a single prebend , is a fair support for an humble clergy-man , and if he be proud or covetous , he deserves not so much . and , i confess also , what you say of a clergy-mans bidding to fast on the eves of holy-days , in lent , and the ember weeks : and i wish those biddings were forborn , or better practised by themselves ; for it is too visible they do not what the church for good reasons enjoyns them ; and they others , in the churches name . and , i wish as heartily as you can , that they would not only read , but pray , the common prayer ; and , not huddle it up so fast , ( as too many do ) by getting into a middle of a second collect , before a devout hearer can say amen to the first . but , you ought to consider , that there be ten thousand clergy-men in this nation , ( for there are nine thousand parish churches in it , besides colledges and chappels ) and the number of them that be thus faulty are not many , when compared with those that be grave , and regular : and , i could name many of the episcopal clergy , whose lives are so charitable , humble , and innocent , that they might say to their parishioners , as st. paul of himself to his philippians , walk so as you have me for an example . but , i must confess there are too many that do not live so ; and , with whom i am as much offended , as you express your self to be . and now , having unbowelled my very soul thus freely to you , and i protest , as sincerely and truly as i can express my self : my hope is , that i shall in what follows appear to be so uninterested in any party , that where i speak evident truth and reason , you will assent unto it ; in which hope , i will endeavour to lay before you , in my plain way , the many inconveniences , that would i think follow , if that liberty were granted which you and your party have so long , and do still so earnestly strive for ; the effects of which liberty would be schism , heresie , rebellion , and misery , from which god prevent us . i did in a letter , writ now some years past , endeavour to unbeguile your brother : and , though it did not at that present wholly do what i designed ; yet it abated so much of that furious zeal that had prepossest him , that he declared on his death-bed , the remembrance of those hours spent in devotion , and acts of charity , were then his comfort , and those spent in disputes , and opposition to government , were now a corrosive , or ( as solomon says of ill-gotten riches ) like gravel in his teeth . and my dear cozen , in hope of the like good success , i shall , in the following part of my letter , commend the same , or like arguments to your consideration in order to the undeceiving you : and i shall not be so curious for words or method , as diligent to speak reason and truth plainly , and without provocation . and first , i will consider our happiness that were born , baptized , and do now live in the church of england , which is believed by the most learned of all foreign churches , to be the most orthodox and apostolical , both for doctrine and discipline , of all those very many that have reformed from the corruptions of the church of rome . and i think it is worthy your noting ; that those bishops and martyrs , that assisted in this reformation , did not ( as sir henry wotton said wisely ) think the farther they went from the church of rome , the nearer they got to heaven , ( for they might go too far ) but , they did with prudent and deliberate consideration , retain what was consistent with gods word , and the practice of the most apostolical , primitive , and purest times ; as may appear by the many unanswerable reasons that have been given against both the non-conformists and papists that have excepted against our reformation : the first , for retaining too much ; and the latter , for not enough . for you ought to note , that neither of them have ever writ against the doctrine or discipline of this church , but they have received answers to their damage . and this being considered , you ought to lay to heart the disturbance that many of you , that pretend to tenderness of conscience , have formerly made , and do still make , in this church and state , even at this present time . and you ought to consider , that if this church were overthrown , the church of rome would make it their great advantage ; and therefore many of them do encourage and assit you in this present disturbance , and for no other end : and therefore , look about you in time , and do not say , when it is too late , you meant not to bring in popery : but remember i once told you , there was a lawyer that was so ignorant . that he thought he spoke against his clients adversary , when he spoke for him , and meant it not . and after such a manner you act for the church of rome : for let me tell you that if ever popery or a standing army , be set up in this nation , ( which god grant i may never see ) it is the indiscrect zeal , and restless activity of you and your party that will bring both in , though you mean it not . let me ask you seriously , can you think the powerful man , that is now become of the romish church , did love you so much , or , like your principles so well , as to get a suspension of the laws against conventicles , because he liked your opinions , or your practices , when the power was in your hands , in the time of the late mischievous long parliament ? or can you think , he or his party did hold a correspondence with some of the chief of your party , for any other end , but to assist in the ruine of the english church ? no doubtless ; for they know , and , you ought to consider , that if that were but down , there were no visible bank to stop the stream of popery : and then , farewel the liberty and care of tender consciences : there would be an end of that cajouling and flattery . and next , let me ask you this friendly question : do you think there is such a sin as heresie ? and if you think there be , let me ask you , whether he that holds heretical opinions should be suffered to go up and down to poyson and persuade others to his belief ? and if you believe he ought not so to do , then i ask , whether heresie can be known to be heresie , or prevented , or punisht , but by some power trusted in the hands of some person or persons whom the highest power hath chosen and trusted to judg what is heresie : and then , prevent , or suppress and punish it . and if you grant this , which no man of reason will deny ) i hope you will grant clergy-men , whose time hath been spent in such studies as have enabled them to know truth and falshood , are the fittest to judg what is heresie : and if you grant this , then these judges must have some name to distinguish them from others of the inferiour clergy . and , if by a name of distinction ? i hope the known name of bishop ( or church governour ) which is so frequently used in scripture , and the writings of all the fathers of the church , and so well known in this and all nations , will not be by you excepted against . and this is told you in order to remembring you , that in the time of the late long parliament , . the common citizens had been so madded , by the discourse and sermons of the nonconforming ministers , ( which pretended tenderness of conscience ) that they , being possest with a furious zeal , went by troops to the parliament at westminster , clamoured , and assronted the bishops , as they went thither , and cried out , no bishops ! no bishops ! that is to say , no judges of heresie or schism : no punishing of these , which you call sins ; but , we know are not : we know what is truth , and resolve to do what is good in our own eyes . and by such clamours , and the malicious , misguided , and active zeal that then possest those people , and a minor part of the parliament then sitting : the major and more prudent part of it , were so affronted , and threatned , that they appeared not ; and in their absence , the bishops voted as useless , as the said zealous and ignorant common people had desir'd . and now the hedge of government , and punishment being broken down : dell , the arch-heretick , printed his book against the holy ghost ; and that , and so many such other haeresies and blasphemies were then vented , printed , and justifified : as i am neither willing to remember , or name . my good cousin , this was the effect of that ignorant zeal then ; and , to this it tends now again : and to this it will come , if god be not so good to this sinful nation , as to make the women , the shop-keepers , and the middle-witted people of it , jest busie , and more humble and lowly in their own eyes , and to think that they are neither called , nor are fit to meddle with , and judge of the most hidden and mysterious points in divinity , and government of the church and state : and instead of being busie bodies , ( which st. peter accounts to be a sin , pet. . . ) to follow that counsel which st. paul gives to his thessalonians , to study to be quiet , and to do their own business , thes. . . i have told you , how the major part of the parliament , and the bishops were used by the minor part , and those pretenders to conscience , that were of their party . now , give me leave to tell you , how these zealous men , having gotten into all power , used the two universities of this nation , and those of the beneficed clergy , that would not violate those oaths they had taken , both when they took their degrees in the university , and at their entring into holy orders , at their being made deacons and priests : as also , their oaths to the bishop at their admission into their spiritual livings , and the care of souls . and first for the usage of the universities : doubtless , all rational and uninterested men cannot but think the universities fittest to make or judge of all lawful or unlawful oaths : as also , of obedience to governours : but it was so far otherwise , that very unlearned , and very unfit men , were sent to visit , judge , and reform them . and , by them was also sent the covenant , and other oaths to be taken without disputing ; to be taken , even by all , from the lowest graduate to the highest in order or power ; or to lose their subsistence by being expelled both their colledges and the university . and this was executed with very great strictness , and as much cruelty , by these pretenders to tenderness of conscience . and in like manner were all conformable beneficed ministers used by a committee of cruel and ignorant triers ; who were to examine and judge of their learning , and their measures of grace : and if they were by them judged defective in either , then they were unfit to hold their good livings ; and by this means , and their imposing the covenant and other oaths , and their refusing to take them , those good livings became void , and fit for those tryers themselves , or their friends , that had learning and grace ; ( and gratitude too . ) and they were quickly got into possession , and the right owners as quickly imprisoned for not taking the covenant , and other oaths , contrary both to their consciences , and the many oaths they had formerly taken . solomon in his book of wisdom , chap. . makes the wickedness of the ungodly first to blind them ; and then he makes them to say , our power is the law of righteousness . and such was the power and law of these tryers , and such was their cruel usage of that power ; as was too sadly testified by the great suffering of the consormable clergy : many , whose great poverty and other sufferings were such , and undergone with so much patience , and so calm a fortitude ( for many had wives , and many children ) that i protest , i heard a very considerable papist say in those times , that if their clergy would have suffered half so much in the days of king edward the sixth , the religion of the protestants had never prevailed in england . which saying scemed to me very considerable . and i think this to be considerable also ; that those tryers , and their brethren of the several committees , came by degrees to distinghish themselves from others , by calling themselves . the godly party : and by degrees came to such a confidence that they only were so ; that they made god to be as cruel and ill natured a god as they were men : not allowing him to save any , but themselves , and their party . but i will urge this no farther ; lest the truth i write seem too bitter . but i return to what may seem more considerable , and probably less provoking . i do observe , that your party that scruple many small things , scruple not at the great sin of schism : i think , they do scarce consider , or think there is such a sin . and this is the more to be wondred at , because , in all the reformed churches in foreign nations they think otherwise , and punish it . and they think the doctrine , and discipline , and publick worship of god in our church to be most apostolical , and most agreeable to the word of god : and many of them wish theirs were like to ours . and , for a testimony of this , i refer you to a view of their several approbations of it , as they be collected and summed up , and lately published by dr. durell , sometimes preacher of the reformed french church in the savoy in london . and for one testimony that the sin of schism ought to be better considered , and carefully avoided by all people , i shall in what follows give you a relation that may prove i am not singular in this opinion : wishing most affectionately that it may proveas useful as it is true ; and as i intend it . in the late persecution of the conformable clergy , there was dr. eleazer duncon , a prebend , ( i think of ely , or durham ) a man of singular learning , and of an unblemisht life ; but sequested he was ; and you may guess why . this good man being sequested , and so made useless as to the service of gods church publickly : and being independent of the world , as to wife and children ; and weary of beholding the ruine of so many sacred structures , the cruel usage , contempt , and poverty of the conformable clergy , ( for many of them had wives and children ) resolved to spend some part of the remaining part of his life in travel : and thereby to inform himself by conference and observation , what the belief and publick worship of god was , both in the greek and all the latine churches ; not only those that depend , but those that be independent on the church of rome ; and he did so , to his great satisfaction : and after some years so spent , in his return homeward ( which was in the year . ) he took venice in his way : to which place he came indisposed as to his health ; and immediately fell into a dangerous fever . this good man was in his long travel so noted for his learning , and the sanctity of his life , that the day after his arrival in venice he was sent to by father fulgentio , who had been the pupil , and was now the successor to father paul in his colledge of the service ( father paul and fulgentio are both so known and valued by all the learned of italy , and all other christian nations , that they neither need my character or commendations ) to enquire his health , and an offer of advice to procure it . and , in order to both , he would wait on him next day , if he pleased to allow it . the last of which being thankfully accepted ; the father did the next day at a scasonable hour make him a charitable visit : and after a loving and quiet conference , the father having treated him with words of christian compassion , offered him a supply of money if he needed ; and being ready to take his leave , told the doctor , he and-his colledge should pary for him both day and night . which good office the doctor most humbly accepted of , and after giving thanks , added this : father , your charity is the more perfect , in that you will do this christian office for one that your church accounts an heretick . to which the father's reply was ; but i do not : i look upon you as a true catholick ; yea , as a confessor , forced out of your native country for the profession of the most true religion ; for , i look upon the church of england , as i know it by your liturgy , articles and canons ( i know not your practice ) to be the most apostolical church in the whole world , and the church of rome to be at this time the most impure . after which ingenuous profession , the father observing the doctor to grow faint and uneasie , left him for that time ; but , after the doctors recovery , and during his stay in venice , the father and he had many free and friendly discourses , of the same subject , in one of which , the doctor said : father , your confession of the impurity of the roman church and the . of your own objections , lately shew'd to me against it , require an apology for your continuing in that communion . to which the fathers reply was : a man may live in an inficted city , and not have the plague ; my judgment and publick practice in religion are both so well known here , and at rome , ( and both to my danger and damage ) that i may continue in it with more safety than others : and , separation may be a sin in me , who judge the unity of the church in which i was baptized and confirmed , and the peace of the state in which i was born , to be preforred before my private opinion , interest , or satisfaction ; and i think , to commit a schisin , and separate from that church , would make me guilty of the sin of a scandal justly given ; and therefore live in it , and die in it i must , though it be the impurest of christian churches . but let him that now is not of it , never be of that church , which is so far departed from the primitive purity , and now maintained only by splendour , and the maxims , and practice of polity . if you doubt the truth * of this relation , i will give you unquestionable confirmation of it at our next meeting . it has been longer than i intended , and i beg your pardon ; and beg you also , to consider , with what inconsiderable zeal you and your party rush into schism , and give just cause of scandal by opposing government , and affronting that church in which you were born , and baptized , ( and i hope confirmed by a bishop . ) i think the doing so , requires your sad and serious consideration . for if there be such sins as schism and scandal ( and if there were not , they could not have names in scripture : ) then , give me leave to tell you , i cannot but wonder that you and the scruple-mongers of your party , should rush into them , without any tenderness , or scruple of conscience . and here let me tell you , the church of england , which you oppose , enjoyns nothing contrary to gods word ; and hath summed up in her creeds and catechism , what is necessary for every christian to know and to do : and can you , that are a shop-keeper , or private man , think that you are fit to teach and judge the church , or the church fit to teach and judge you ? or can you think the safety or peace of the state or church in which you live should depend upon the scruples and mistakes of a party of the common people , whose indiscreet and active zeal makes them like the restless scribes and pharisees , mat. . who compass sea and land to get parties to be of their opinions , and by that means beget confusion in both ? no , doubtless : common reason will not allow of this belief ; for a liberty to preach and persuade to your dangerous principles , would enflame the too hot and furious zeal of so many of your party ; and beget so many more restless and dangerous contentions , that there could be neither quiet or safety in a nation , but by keeping a standing army * , which i know you detest , and from the cause of which god deliver us . i have told you often , that samuel says , sam. . . rebellion is like the sin of witchcraft ; and i cannot tell you too often that schism is too like that mysterious sin ; for when the fire of schism and rebellion is kindled , no man knows where it will end . consider this , and remember , that st. jude accounts them that make sects , to be fleshly ; and not to have the spirit of god , which too many of your fraternity pretend to . and now , after so long seriousness , give me liberty to be so pleasant as to tell you a tale , by which i intend not to provoke you , but to explain my meaning . there was a north-country man , that came young and poor to london , to seek that which he call'd his fortune , and it proved to be an hostler in an inn of good note in that city , in which condition he continued some years , and by diligence and frugality get and saved so much money , that in time he became the master of that inn. and not long after his arrival to that happiness , he sent for three of his neeces , one to serve him in his kitchin ; and the other two did serve for some years in a like condition in other houses , 'till mine host their unkle died ; who , at his death , left to each of them a hundred pound , to buy each of them a north-country husband ; and also to each of them ten pound to buy new cloaths , and bear their charges into the north , to see their mother . the three sisters resolved to go together ; and the day being appointed , two of them bought very fantastical cloaths , and as gaudy ribbands , intending thereby to be noted and admired ; but the third was of a more frugal humour , ( yet aimed at admiration too ) and said she would save her money , wear her old cloaths , and yet be noted and get reputation at a cheaper rate : for she would hold some singular new fantastical opinion in religion , and thereby get admirers , and as many as they should ; and it proved so . and doubtless this is the ambition of many women , shop-keepers , and other of the common people of very mean parts , who would not be admired or noted if they did not trouble themselves and others , by holding some odd , impertinent , singular opinions . and tell me freely , do not you think that silence would become our cosin mrs. b — than to talk so much and so boldly , against those clergy-men , and others that bow at the altar , ( she says to the altar ) and use other like reverence in churches , where she and her party are so familiar with god as to use none ? and concerning which let me tell you my thoughts , and then leave you to judge . almighty god in the second commandment says , he would have none to bow down or worship a graven image : intimating , as i suppose , a jealousie , lest that reverence or worship , which belongs only to him , be ascribed or given to an idol , or image . but , that reverence and worship does belong to him , and was always paid to him , is to me manifest by what the prophet david says , psal. . i will in thy fear worship towards thy holy temple . and again , i will praise thy name , and worship towards thy holy temple . and again , psal. . . o let us worship , and fall down , and kneel before the lord these and many more might be urged out of the old testament . and in the new , you may see it is a duty to worship god. first , st. paul says , heb. . . we have an altar . and you may note , rev. . . where the angel that had shewed st. john a vision , forbad him to fall down to him , but bad him fall down and worship god. and again , chap. . . worship him that made heaven and earth . i omit more testimonies which might be multiplied , and shall tell you next , that churches are sacred , and not to be used prophancely : for you may note , that our saviour did , with a divine indignation , whip the money-changers out of the temple for polluting it ; and said , his house should be called the house of prayer . and let me tell you , that in the primitive times , many of those humble and devout christians , whose sudden journeys , or businesses of present necessity , were such as not to allow them time to attend the publick worship and prayers of the church , would yet express their devotion by going into a church or oratory , and there how at the altar , then kneel and beg of god to pardon their sins past : and to be their director and protector that day ; and having again bowed toward the east at the altar , begin their journey , or business , and they thought god well pleased with so short a prayer , and such a sacrifice . much more might be said for bowing at the altar , and bowing toward the east : but i forbear . and now let me ask you seriously ; do you think this , which i think to be a duty , ought to be forborn , because our cosin and her party are scandalized at it ? or do you think when i , in a late discourse , told her , how restless and active her unkle , and father , and the rest of the presbyterian party had been in promoting the late consusions , and placing all power in that parliament , . that murthered dr. laud , the late religious bishop of canterbury , the late good and pious king charles , and were the cause of spilling so much innocent bloud , and ruine of so many harmless familles ? can you think hers to be a reasonable excuse : that god had determined or appointed this , because we were a sinful nation . it shall be granted , that we were ( god knows we still are ) a sinful nation : and deserved a heavy punishment ; and god did punish us justly ; but they had no appointment to be the executioners of that justice : they appointed themselves , first to judge , and then to be the executioners of his will. and before i pass further , i pray observe , it was gods will , that his only son our saviour should be betrayed : but who would be the judas to do it ? or the souldiers that crucified him ? or could judas look back with comfort that he was used in betraying him ? i hope it is far from your thought to think or say so . let me tell you , that the learned dr. abbot , the late lord archbishop of canterbury , that was next before dr. laud , ( whose head your long parliament cut off ) intended to kill a buck , . but the arrow did so glance , that he kill'd the keeper immediately . the church of england judges sudden death to be punishment , and therefore prays against it . and though it is certain god would not have punished that keeper with a sudden death if the keeper had not deserved it ; and certain also that the good bishop thought so ; yet he lamented to the last hour of his own life , that his hand was used to bring sudden death upon another . and he testified his sorrow , by what i shall relate to you . after that restless night , which followed this sad accident , he sent early in the morning for the keepers wife ; bemoan'd himself to her , and begg'd her pardon ; which being obtained , he setled upon her an annuity , by which she was enabled to live with much more ease and plenty , though probly with less comfort , than if she had still enjoyed her husband . for her two daughters , he provided competent portions ; and a better education and settlement for her three sons , than the father could probably have made if he had still lived . this he did for them . and as for himself , this sad accident begot in him that which st. paul rejoyced to find in his corinthians , cor. . . even a godly sorrow , and revenge ; for he kept a severe weekly fast , the day that this sad accident befel him , during the remainder of his life ; and died lamenting it . let me stop here , and tell you , it is far otherways with you and your presbyterian party , than with this penitent bishop : for , though it is most certain you were the cause of the late confusion in the church , and of the war and bloud that followed it ; yet i do not find one of you that lays his hand upon his breast , and says : lord what have i done ? lord pardon me . no , you are far from that temper : and , he that considers the temper of the present times , and your restless activity in it , may conclude , you are as willing to begin new commotions , as you are senseless of the old . my meaning is not , in saying this to upbraid , or provoke you ; but rather to convince and unbeguile you . and that i may the better do that , i will in what follows answer some of the most material of your common objections . you say , the bishops have great revenues , and preach not for it , to which i will answer you in love : first , you say that the bishops revenues are much greater than indeed they are : and you seem to repine , because you do not consider , how much must go out of them , by first-fruits , tenths , and other payments of necessity . and you ought to consider , much must go out in bounty and charity , and some in hospitality and state. i say in state and attendance : for is it fit that the judge of all the inferiour clergy of his diocess , and of many of the laity , should not have a liberal revenue , and live in more plenty and splendour than the common people do , or can do ? doubtless it is necessary ; for let him be never so prudent and diligent ; so inwardly humble , and outwardly meek , yet if he have not a revenue to live above the common people , he must make himself a companion for them , and lose the reverence due to his dignity ; and , by that , make himself both cheap , and contemptible ; and he that will consider the necessity of a bishop's living thus , and the small revenue that most of the bishops have , may turn his maligning them their revenue , into a wonder , how they make their revenue to do it , and a pity it is no more . there are indeed , some few of them , whose revenues do abound ; and i think i shall not be mistaken if i say , there have been by them more high-ways mended , and more hospitals , schools , and colledges built and endowed , than by five times their number of lay lords , or by all the physicians and lawyers of this nation , though very many of their employments , turn to much more profit ; and yet , theirs is not repined at . and let me tell you also , it is not often that any is made a bishop till the age of sixty years ; and then he undertakes the care and toyl of government , to prevent heresie and schism , or suppress and punish them ; and , as occasion serves , by his writing to defend this church from the clamours of the church of rome , or the resiless sectaries of this . and may not the revenue of a bishop be thought a just reward for his forty years past study , and his present care , though he preach not ? and yet many of them do preach often , though not weekly . and let me add this to what is said ; what if the king should give the revenue to a bishop only because he is learned , and condition with him not to preach ; or make a doctor of the civil law a bishop , who is not in orders , and should not preach , but govern , ( which i think he may do , ) what is this to you or your party ? you ought to consider this , and that the bishops revenues was never theirs , nor yours , nor your predecessors , nor can any man now living claim it for his . it is only and most certainly gods ; given to him by our kings predecessors , and our king appoints who shall govern the church under him , and have the churches revenue for their reward . more might be added , but i am as weary of saying this , as you will be to read it . now for preaching , i praise god i understand my duty both to him and my neighbour , the better by hearing of sermons . and though i be defective in the performance of both ( for which i beseech almighty god to pardon me ) yet , i had been a much worse christian if i had not frequented the blessed ordinance of preaching , which has convinced me of my many sins past , and begot such terrours of conscience as have begot in me holy resolutions to amend my life , and earnest prayers to almighty god , the giver of all grace , to enable me by his grace to perform those holy resolutions : this benefit , and many other like benefits , i , and other christians have had by preaching : and god forbid we should ever use it so , or so provoke him by our other sins as to withdraw this blessed ordinance from us , or trun it into a curse by preaching heresie and schism , which too many have done in the late time of rebellion , and indeed now do in many conventicles , and their auditors think such preaching is serving god ; when god knows it is contrary . for can you think to sit an hour in a warm room , upon an easie seat , your head covered . your mind at rest , and your malicious humour pleased to hear your governours scandalized , and with their scandals some new needless notions offered to your consideration ; and then their truth or falshood left for you to judge and determine ? can you think you are at this time scrving god , or satisfying your own curiosity or malicious humour ? doubtless not serving god. nay , let it be granted , that you hear nothing but truth preach'd , yet i question whether the direction how you should honour and serve god , be honouring and serving him . for example , if a master calls his servant , and gives him positive directions what he shall do the day following , and the servant hears him with good attention , but neglects to do what he is directed ? can you think the hearing his masters direction is serving him ? no doubtless , it is not ; it is granted he could not have known his masters will without hearing it , but he serves him not by hearing his direction , but doing his will. and the like may be observed , concerning your magnifying extemp●rary prayer by gifted men in publick : and contempt of the church liturgy . the first of which you call praying by the spirit ; but doubtless , it was an evil spirit that john lilbourn , hugh peters , and many others of your party prayed by , in the days of cromwel the tyrant , when they prayed to god to prolong his life , to streugthen his arm , and inable him with zeal and courage , to perfect what he had so happily begun , and make a thorow reformation in the church and whole nation . and in the same prayer to libel our late vertuous king , by praying to god , that if he had not wholly withdrawn his grace , and given him over to a reprobate sense , that he would at last bring him back from his present evil council to his great council the present godly parliament . thus , or to this purpose , was that pious and prudent king libelled in your publick extemporary prayers , and the tyrant magnified by those that were so shameless as to call themselves the godly party . and many well-meaning people were so beguiled as to say amen to what was thus prayed . and by this means the church liturgy came to be abhorred by some , and neglected by almost all : and can you think , praying thus , and appointing god in their prayers what he was to do for them , and their cause , and when , and by what manner and means he was to do it , was honouring and serving him ? no doubtless . god forbid , that private christians should be so tied to set forms of prayer , as not in their retired and private devotions to make their private confessions of their private sins to the searcher of all hearts : and beg their pardon of him , and pray extempore for such a measure of his assisting grace so to strengthen them , that they may never relapse into those , or the like sins : this doubtless is to honour and serve god , but this is but to honour and serve him privately : and if i be mistaken in my private prayers my mistakes concern only my self , and end there . but it is not so in your publick extemporray prayers , the mischief is not ended when the prayers are . and that these should justle out the well-known , and approved prayers of the church , which were composed , and so pathetically and properly worded by the assistance of gods spirit , in many of those blessed martyrs and consessors , whom he made his instruments to settle and resorm the church of england from the gross corruptions of that of rome : i say , that you and your party should not when you consider this , grieve to think it was done by you , is to me a wonder ; and i praise god that he makes me look upon it with a thankful detestation . and now , good cosin , give me leave to tell you , ( as i did your brother in a letter writ some years past ) what i do ( or ought in duty to do ) when i make my self a member of any christian congregation , assembled to pay reverence to almighty god , and pray and praise him according to the injunction and custom of our church . first , we all do , i am sure , they that know best , and are most devout do , all kneel , and as many as well may with their faces toward the east , and in that order , and humble posture , and , with one consent , all make their general and humble confession of their unworthiness to appear before god , by reason of their many and grievous sins past : and we beg pardon for them , and his grace to serve him the remaining part of our lives with more purity and holiness : and having confest , and prayed thus ; if the searcher of all hearts does bear witness with us , that this confession and these prayers be sincere , and that our purpose is to amend our lives , and obey him better : we do , and may put on a modest confidence , that he will assist us with his grace ; and be assured , that he is at peace with us , and loves us . and this being done in an humble and ardent manner , we proceed to laud and magnifie our god in a joynt repeating a part of the psalms , which are all composed of gratitude , and mercy . and then apply our selves to the hearing some part of gods holy word read , for our information and comfort . and then to a publick profession of our christian faith. and then we again betake our selves to beg of god , that by his preventing grace we may be that day delivered from the temptations and miseries that threaten our souls and bodies ; and beg for his assisting grace to strengthen us so , that we may oppose and overcome both . and having thus humbly confest our sins , and thus profest our christian faith , and thus begg'd his pardon , and both his preventing and assisting grace for the time to come : and all these in such a manner as they be all , most pathetically exprest in the several collects of our church-prayers : the congregation is dissolv'd with the priests blessing ; and all betake themselves to their several employments . and for my part i think god and his holy angels look down with joy when they behold a christian congregation thus in one manner adoring , and praising god , and praying for the remission of their sins . your being so much a stranger to our church prayers , has inclined me to give you this large account of them , and of my own thoughts . i might here undertake also to satisfie your scruples of kneeling at the sacrament , and the ring in marriage ; but there has been so many good reasons given of them , in several small treatises , for the justification of them , that i will decline that trouble , both for yours and my own sake : and offer unto you the few following observations , and so put an end both of yours and my own trouble . and , in order to doing this , i desire you to look back with me to the beginning of the late long parliament . at which time we were the quietest and happiest people in the christian world : ( and praised be god we yet are so , ) we had then a prudent and consciencious king , whose life was a pattern of temperance , patience , piety , and indeed of all the christian graces . he governed i think by the known laws of the nation : every man sate then under the shadow of his own vine , and did eat his own grapes : that is , enjoy'd the benefit of his own labour , and eat his own bread in peace . we had then no need of a court of guard to keep the discontented inferiour people from rising against government : we had then no need to raise those monthly taxes to pay those courts of guard , and other charges , that are now come to be of necessity , to secure us from the yet unseen commotions of a malicious , restless , discountented party , which were first made so by the example of the ill-natured presbyterians : and continue to be so by retaining the destructive principles they then taught them ; and which do still threaten us with new commotions ; thus happy we were then ; and he that considers the present miseries of germany , poland , france ; and indeed , of all christian nations , how many cities lately were , and at this time are besieged , what devastations , and ravishings , and fears follow running armies , what terrours and wants those poor distressed people now groan under ! he that considers all this , and compares our present condition with theirs , ought to say , that england is at this time the happiest nation in the christian world : but our unhappiness is , that peace and plenty will not suffer us to think so , and study to be quiet and thankful . this , i beseech you to consider seriously ; and good cosin , let me advise you to be one of the thankful and quiet party ; for it will bring peace at last . let neither your discourse or practice be to encourage , or assist in making a schism in that church in which you were baptized , and adopted a christian , for you may continue in it with safety to your soul ; you may in it study sanctification , and practise it to what degree god by his grace shall enable you : you may fast as much as you will ; be as humble as you will ; pray both publickly and privately as much as you will ; visit and comfort as many distressed and dejected families as you will ; be as liberal and charitable to the poor as you think fit , and are able . these , and all other of those undoubted christian graces , that accompany salvation you may practise , either publickly or privately , as much , and as often as you think fit ; and yet keep in the communion of that church of which you were made a member at your baptism . these graces you may practise , and not be a busie-body , in promoting schism and faction : as god knows your fathers friends , hugh peters and john lilbourn did , to the ruine of themselves , and many of their disciples . their turbulent lives , and uncomfortable deaths are not i hope yet worn out of the memory of many . he that compares them with the holy life and happy death of mr. george herbert , as it is plainly and i hope truly writ by mr. isaac walton , may in it find a perfect pattern for an humble and devout christian to imitate : and he that considers the restless lives , and uncomfortable deaths of the other two , ( who always liv'd like the salamander in the fire of contention ) and considers the dismal consequences of schism and sedition , will ( if prejudice , or a malicious zeal have not so blinded him , that he cannot see reason ) be so convinc'd as to beg to god to give him a meek and quiet spirit , and that he may by his grace be prevented from being a busie-body in what concerns him not . the reasons that i have offered to your consideration , have crouded so fast into my present memory , that they have made my letter more perplext , and longer , and indeed some expressions in it bitterer than i intended when i began it : but i beg your pardon for both . and supposing i have it , i will close all with this friendly advice and caution . remember you and i are but citizens , and must take much that concerns our religion and salvation upon trust : i will explain my meaning for what i say , and have said , by this following parable . there was a man , that was and continued under so great a mistake , that though he thought and granted his neighbour to be strong enough to lift a hundred pound weight from the ground , yet could not be brought to believe , or grant , that he was able to lift fifty pound weight from it ; which was doubtless a great mistake . but , if you will give me leave , i will explain my self by a more proper parable , and then make my application . the same mistaking-man offered , and was willing to lend his neighbour a hundred pound ( though it were his whole estate ) upon his single bond , but being desired to lend him fifty pound upon his bond , he durst not trust him with that lesser sum , lest the borrower should not be able to repay him : and so he ( the lender ) prove to be undone by the borrowers inability to repay him . before i make my application of what i have told you , give me leave to tell you , the papists would obtrude upon all christians a belief that all those doubtful books , which the church of england calls apocryphal , were certainly writ by divine inspiration , and ought to be of equal authority with those which we call canonical scripture ; and that the foundation for our faith and manners to god and man may , and must be laid equally upon both . but i think we agree with the papists concerning all the books of the new testament , that is , that all were writ by divine inspiration . but the lutherans deny some part of the new testament , which both the papists and we believe and grant to be writ by divine inspiration . and now for my application ; let me ask you seriously , are not you like this mistaking-man , that durst trust a greater , but not trust the borrower with a lesser sum of money ? you have trusted the bishops , and a select clergy in a convocation to tell you , these you shall take to be canonical books of scripture , and no other : upon the truth of those , and only those , that they declare to be the holy scripture , you lay the foundation of your faith , and hope of salvation . you have trusted the bishops , that is , the church of england ; first , their learning and wisdom to know , and then their integrity to tell you truly which is the blessed and holy scripture : with these great and necessary concerns of your faith and salvation you have trusted them ; and yet , like the mistaking man , you dare not trust them with what is of less concern : namely , you do not believe them when they tell you how the primitive christians did worship , and praise , and pray to god : and though you have trusted them to translate the scriptures into english , as being best learned in the original languages ; yet you dare not , or do not trust them with the explanation of many words which have in the original an ambiguous or doubtful meaning , especially to us of the laity , who cannot know the customs and phrases of those nations where our saviour and his disciples preached the glad tidings of our common salvation . cosin , i hope i have in this made some unforc'd , and so useful observations , as an humble and good christian will not gainsay : and , doubtless , a soul truly humble , will both think and say , almighty god hath appointed me to live in an age , in which contention increases , and charity decays ; and it is certain , that variety of opinions and controversies in religion declare difficulty to know them truly ; but my comfort is , that without controversie , there is so much religion without controversie , as by the true practice of what is so i may save my ; soul. and therefore , to make sure of that , i will first become an humble christian , and conclude , that i will in all doubtful things obey my governours , for sure they see a reason , which i neither can , or need to know , why they command them : i will be sure to be humble , to fast and pray , to be charitable , to visit and comfort dejected families , to love my neighbours , to pardon my enemies , and to do good to all mankind , as far as god shall enable me : for i am sure these be sacrifices which please almighty god , and will bring peace at last : and , i am sure , that by using these graces , these graces , and my faith in christs merits for my salvation , will be more and more confirmed ; and by still using them , more , and more new graces will be still added ; and all be still more and more confirmed ; so confirmed , as to bear witness with me , and be my comfort when i must make my last and great account to the searcher of all hearts . almighty god give me grace to practise what i have commended to your consideration ; for this , and this only , can , and will make my life quiet and comfortable , and my death happy . and , my dear cosin , as i wish my own , so i wish yours may be . september . . your affectionate kinsman , r. w. the end . notes, typically marginal, from the original text notes for div a -e * the truth needs not be doubted , by any that shall first know that father paul writ the history of the council of trent : and then , reads his life as it is truly writ by his disciple and successour , this father fulgentio●● and now printed before the said distory . * witness the late murther of the scotch bishop . the soveraigne povver of parliaments and kingdomes divided into foure parts· together with an appendix: wherein the superiority of our owne, and most other foraine parliaments, states, kingdomes, magistrates, (collectively considered,) over and above their lawfull emperours, kings, princes, is abundantly evidenced, confirmed by pregnant reasons, resolutions, precedents, histories, authorities of all sorts; the contrary objections re-felled: the treachery and disloyalty of papists to their soveraignes, with their present plots to extirpate the protestant religion demonstrated; and all materiall objections, calumnies, of the king, his counsell, royallists, malignants, delinquents, papists, against the present parliaments proceedings, (pretended to be exceeding derogatory to the kings supremacy, and subjects liberty) satisfactorily answered, refuted, dissipated in all particulars. by william prynne, utter-barrester, of lincolnes inne. it is on this second day of august, . ordered ... that this booke ... be printed by michael sparke ... soveraigne power of parliaments and kingdomes prynne, william, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing p a estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : , : ) the soveraigne povver of parliaments and kingdomes divided into foure parts· together with an appendix: wherein the superiority of our owne, and most other foraine parliaments, states, kingdomes, magistrates, (collectively considered,) over and above their lawfull emperours, kings, princes, is abundantly evidenced, confirmed by pregnant reasons, resolutions, precedents, histories, authorities of all sorts; the contrary objections re-felled: the treachery and disloyalty of papists to their soveraignes, with their present plots to extirpate the protestant religion demonstrated; and all materiall objections, calumnies, of the king, his counsell, royallists, malignants, delinquents, papists, against the present parliaments proceedings, (pretended to be exceeding derogatory to the kings supremacy, and subjects liberty) satisfactorily answered, refuted, dissipated in all particulars. by william prynne, utter-barrester, of lincolnes inne. it is on this second day of august, . ordered ... that this booke ... be printed by michael sparke ... soveraigne power of parliaments and kingdomes prynne, william, - . [ ]; [ ], , [ ], - ; [ ], p., - leaves, - , [ ]; [ ], , - ; [ ], , , - , [ ] p. for michael sparke, senior, printed at london : . includes "the treachery and disloyalty of papists to their soveraignes, in doctrine and practise. .. the second edition enlarged" (also issued separately as wing p ), "the soveraigne povver of parliaments & kingdomes. or second part of the treachery and disloyalty of papists to their soveraignes" (also issued separately as wing p ), and "the third [-fourth] part of the soveraigne povver of parliaments and kingdomes" (also issued separately as wing p and p ). each part has separate dated title page, pagination, and register. item at reel : lacks collective title page. in "the treachery" the page after is numbered . in "the third part" a r has a headpiece of type ornaments. variant: with woodcut headpiece. the appendix begins new pagination on a r. quire a is in two settings: the "a" of signature-mark "aa" is under ( ) the "c" of "conduce" or ( ) the "v" of "very". with a final errata leaf. reproduction of the originals in the university of illinois (urbana-champaign campus). library and the folger shakespeare library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- parliament -- early works to . representative government and representation -- england -- early works to . great britain -- politics and government -- - -- early works to . - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - tcp staff (oxford) sampled and proofread - aptara rekeyed and resubmitted - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion the soveraigne power of parliaments and kingdomes : divided into fovre parts . together with an appendix : wherein the superiority of our owne , and most other foraine parliaments , states , kingdomes , magistrates , ( collectively considered , ) over and above their lawfull emperours , kings , princes , is abundantly evidenced , confirmed by pregnant reasons , resolutions , precedents , histories , authorities of all sorts ; the contrary objections re-felled : the treachery and disloyalty of papists to their soveraignes , with their present plots to extirpate the protestant religion demonstrated ; and all materiall objections , calumnies , of the king , his counsell , royallists , malignants , delinquents , papists , against the present parliaments proceedings , ( pretended to be excceding derogatory to the kings supremacy , and subjects liberty ) satisfactorily answered , refuted , dissipated in all par●iculars . by william prynne , utter-barrester , of lincolnes inne . gal. . . stand fast therefore in the liberty wherewith christ hath made you free , and be not intangled againe with the yoke of bondage . psalm . . , . be wise now therefore oye kings , be instructed ye iudges of the earth : serve the lord in feare , and rojoyce with trembling . it is this second day of august , . ordered by the committee of the house of commons in parliament concerning printing , that this booke intituled , the soveraigne power of parliaments and kingdoms , &c. be printed by michael sparke senior . iohn white . printed at london for michael sparke senior . . to the right honourable lords & commons , assembled in , and continuing constantly with this present parliament , both in person and affection . eternally renowned senators , and most cordiall philopaters to your bleeding , dying dearest country , ( from which no menacing terrors , of armed adversaries , nor flattering promises of hypocriticall court-friends , could hitherto divorce your sincerest affections , and withdraw your undefatigablest industries in the least degree , to its betraying , or enslaving ; ) i here humbly prostrate to your most mature iudgements , and recommend to your highest , noblest patronage , this quadruple discourse , of the soveraigne power of parliaments and kingdomes , ( now at last compacted into one intire body , though formerly scattered abroad in dismembred parts , rather out of necessity to gratifie others , then conveniency to content my selfe , ) in which as your honours have the greatest interest , so it is just and equall you should enjoy the absolutest propriety : being compiled by your encouragement , printed by your authority ; published for your iustification , to vindicate your indubitable ancient soveraign priviledges from the unjust detractions ; your legall necessary late proceedings , from the malicious , false , unjust aspersions of those royallists , malignants , intemperate pens & tongues , who like naturall bruite beasts , made to be taken and destroyed , speake evill of the things they understand not , and shall perish in their owne corruption : cursed children , who have forsaken the right way , and are gone astray , following the way of balaam the sonne of bosor , who loved the wages of unrighteousnesse ; but was rebuked for his iniquity . i must ingenuously confesse , that the subject matter , and grand publicke differences betweene king & parliament ( yea betweene most kings and kingdomes in the world ) herein debated , are of such an extraordinary , rare , transcendent nature ; of such infinite , universall consequence , weight , concernment , yea so full of dangerous precipes , rockes , if not inextricable difficulties on either hand , as might justly require , not onely one person of the exquisitest judgement , heroicallest spirit , greatest experience , deepest policy , absolutest abilities , vastest knowledge in all kindes of learnings , states , governments ; and most exempt from all other imployments , that might interrupt him in these kindes of studies ; but even an whole parliament , or oecumenicall councell of the most experienced , ablest , learnedest , wisest statists in the universe , and many yeares most advised consideration , exactly to ventilate and determine them : which consideration might have justly daunted , yea quite deterred me , ( the meanest of ten thousand , furnished with no competent abilities , and having scarce one vacant houre , but what i have borrowed from my naturall rest , to accomplish so vast an undertaking ) from this most difficult , weighty , publicke , service , sufficient to sinke the strongest hercules , if not atlas himselfe , the worlds supporter : but yet the goodnesse , the commonnesse of the cause , ( which concernes our whole three kingdomes , parliaments , religion , and every one of our well-beings , in this present world ) the deare affection , i beare to my native country , religion , posterity , parliaments , and your honours ; the defect of other advocates to plead this publicke cause ; seconded with the private earnest intreaties ( which were as so many commands to me ) of some members of your honourable assembly , to undertake this weighty taske , & their authorizing my rude collections for the presse , were such strong exciting ingagements to me to undertake this difficult imployment , that i chose of two extreames , rather to discover mine owne insufficiency in an impotent speedy discharge of this great service , so farre transcending my weake indowments ; than to shew any want of sincerity or industry in deserting this grand cause in a time of need . it beeing one chiefe article of my beliefe , ever since i first read the scriptures , and tullies offices ; that i was principally born for my countries good ( next to gods glory involved in it ; ) upon which ground i have ever bent all my studies to promote it what i might , though to my particular losse and disadvantage . the sole end i aime at in these treatises , is the re-establishment of my bleeding , expiring countries endangered liberties , priviledges , rights , lawes , religion , the curing of her mortall wounds , the restauration of her much desired peace , in truth and righteousnesse , the supportation of parliaments ( the onely pillars , bulwarkes of our church , state , lawes , liberties , religion ) in their perfect lustre , and full soveraigne authority ; the removall of those present grievances , differences , warres , ( arising principally from ignorant or wilfull mistakes of the parliaments just priviledges and the kings due prerogatives ) which threaten present ruine to them all ; for whose future prosperity , security i could ( with moses , and paul ) heartily wish my selfe to be blotted out of the booke of life , and to be accursed from christ ; neither count i may life , limbes , liberties , or any earthly comforts deare unto me , so i may any wayes promote gods glory and the publike welfare . and certainely had the most of men in publike places , but heroicke publike spirits , ( as i make no doubt all your honours have ) byassed with no private interests , or base selfe-respects , studying nothing but the common-good , our present unnaturall warres would soone be determined , our greatest differences easily reconciled , our foraine irish , french , walloon popish forces , brought in to cut our english protestants and their religions throats , before our faces , ( at which horrid spectacle i wonder all english spirits rise not up with unanimous indignation in stead of joyning with them ) easily expulsed , our remaining grievances speedily redressed , our disordered church reformed , our pristine peace and prosperity restored , yea entayled to us and our posterities for ever ; whereas the private selfe-ends , selfe-interests , of some ambitious , covetous , malicious , treacherous , timerous publicke persons , ( who serve no other deity , majesty , or republicke , but themselves alone ) have most shamefully imbroyled , betrayed , and endangered both our kingdoms , parliaments , liberties , religion , properties , yea , all the blessings we formerly enjoyed ; whose names and memories shall be ever execrable to all posteritie upon earth , & their soules , bodies , eternally tortured in hel , ( without repentance ) for this their inhumane , unchristian treachery , and realme-destroying , church-subverting selfe-seeking , detestable both to god and men. to conjure downe such base degenerous private spirits to the infernall pit , or else to elevate and inflame them with great heroicke publike thoughts , there is nothing more effectuall ( in my weake apprehension ) than the well-grounded knowledge , serious study , and full vindication of such publike truthes , concerning publike governement , and the soveraigne iurisdiction of parliaments , kingdomes , magistrates , people as are here debated , ratified , freed from those blacke aspersions of sedition , faction , rebellion , treason , conspiracy , mutiny , singularity , disloyalty , and the like , which sordid sycophants , selfe-seeking monopolists , courtiers , royallists , or malignant delinquents , have most injuriously cast upon them to delude the world ; which long obscured truthes , though they may seeme dangerous paradoxes , and upstart enthusiasmes , at the first proposall , to many ignorant , seduced soules , kept over long in cymmerian darkenesse , by those aegyptian taske-masters , who have studyed to increase and perpetuate their bondage ; yet upon serious examination will prove to be most ancient , indubitable verities , universally received , beleeved , practised , by most realmes and nations in the universe , from the beginning of monarchy till this present ; and the contrary received opinions , to be but the vaine , empty braine-sicke lying fancies of a few illiterate , impolitick court-chaplaines , lawyers , sycophants , who never dived into the principles constitutions , lawes , histories of states and realmes , or into the true originall grounds of regall , regnall , popular , or parliamentary iurisdictions ; and writ onely to flatter princes , to purchase honour , gaine , or favour to themselves ; without any respect at all to verity , or the common good , which never entred into their narrow private thoughts . what entertainement these new-published common truthes , are like to find in court , and elsewhere among many men , i may easily conjecture by that ingrate requitall your honours have received from them , for all your faithfulnesse , paines , cost , diligence , service for the publike safety . never did any parliament in england deserve halfe so well as this , for their indefatigable labours night and day , almost three whole yeares space together , for the common good : yet never was any halfe so ill requited . never did any demerit greater publike applause ; never any underwent halfe so many vile libellous reproaches , slanders , of all sorts , even for well-doing ; and that not onely in vulgar discourses , but in presse and pulpit too . never did parliament in any age sit halfe so long , or doe halfe that worke , or get any such publike establishment , as this ; and yet all our parliaments put together , were never so much opposed , traduced , secretly conspired against , or openly assaulted with armed violence to dissolve and ruine them , as this one alone ; against whom not onely the pope with all his antichristian members , at home and abroad , but ( which is almost a miracle , not formerly heard of in any age ) both king , queene , prince , privy counsellors , courtiers ; yea divers nobles , and members of both houses , contrary to their owne protestations , have utterly deserted it , yea bent all their policies , wits , forces together , to dissolve and null it , ( and in it all future parliaments , ) as no parliament at all , but as an assembly of obstinate refractory traytors , and rebels ; when as all your actions , proceedings , declarations , protestations , proclaime you nothing lesse , yea the best-deserving parliamentary assembly that ever this nation was blessed with , and those heroicke champions , who have lately regained , resetled ( as farre as humane lawes and ordinances can secure them ) our lost , at least decayed liberties , lawes , priviledges , religion , in despite of all oppositions , and utterly suppressed that confederated triumvirate ( of the counsel-chamber , starchamber , and high-commission ) which had almost enthralled us in more than aegyptian bondage , and resolved to detaine both us and our posterity under it , without the least hopes of any enfranchisement . never were there halfe so many publike regall protestations , declarations , proclamations , oathes , remonstrances , solemnely made and published to the world , for the inviolable preservation of all just rights and priviledges of parliament , as there have beene in this ; and yet never were there so many apparent violations of the undoubted rights and priviledges of parliament in all former ages whatsoever , as in this one parliament onely , now at last so far affronted , by open proclamation , ( even against an act of parliament , passed by the king and both houses when fullest , ) to be proclaimed to the world , no parliament at all , but a meere factious , seditious conventicle . which how inconsistent it is with other former oathes & protestations , let all wise men judge . however ; this may be some good incouragement to your honours , and my selfe too , that if all his majesties solemne printed protestations , oathes , proclamations , remonstrances to his people and all the world , with deepest imprecations on himselfe and his posterity , to maintaine the lawes and liberties of the subject , the just priviledges and power of parliaments , and protestant religion to the utterrmost , be as cordially , as really intended , as they are pretended , your honourable proceedings , and these my polemicall discourses ( really defending , vindicating , the indubitable priviledges of parliaments , the subjects liberties , lawes , and our religion against all opposites whatsoever , ) cannot but finde most gracious acceptation with his majesties owne person , yea , with all his counsellors , courtiers , cavalliers , who beare any sincere affection either to the parliaments priviledges , their countries liberties , or religion : which all doubt an army of english ; irish , outlanding papists , will hardly fight for , or maintaine , but really subvert , if possible . however , your honours kinde , favourable entertainment , and noble patronage , of these my unworthy publicke labours ( of which i cannot doubt ) accompanyed with the consciousnesse of my owne sincerity and loyalty , in the whole contexture of them ( though some out of malice , envy , or flattery may and will misconster them , as they have done other of my writings , to my great dammage and danger ) shall be a sufficient sanctuary to secure both me and them , against all adverse powers and detractions whatsoever : and if i chance to suffer any future hard measure , of what kinde soever , for doing my country or your honours the best and faithfullest service i am able , i shall repute it my greatest honour , my chiefest felicity , and chearefully undergoe it ( through gods assistance ) not as a crosse of infamy , but a crowne of glory : and so much the rather , because your honours have formerly taken up this magnanimous resolution , yea sealed it with solemne publike cove●ants and protestations , to live and dye in the just defence of your priviledges , country , and religion , ( never so much indangered , banded against by foraigne and domesticke papists , atheists , as now ) and never to desert them whiles you have one drop of blood in your veines , or any breath in your nostrils : and god forbid , but that i , and all other true members of our state and church , should cordially concurre with you in this heroicall covenant , which the desperate confederacies of our romish adversaries , long prosecuted among us , and now almost promoted to perfection , have necessarily engaged your honors and the whole kingdom to enter into , for their preservation . now the god of peace , and lord of hoasts , be ever mightily present with , and in your honourable assembly , to counsell , direct , protect , prosper all your sincere endevours to promote his gospell , truth , honour , the publike welfare , liberty , tranquillity , security of our endangered lacerated church and realmes , till the lord shall looke mercifully upon zion , the city of our solemnities , and till our eyes shall see our english jerusalem , a quiet habitation , a tabernacle that shall not be taken downe , not one of the stakes whereof shall ever be removed , neither shall any of the cords thereof be broken , notwithstanding all the mighty oppositions against it : and till you shall have built up the old waste places ; raised up the foundations of many generations , yea erected the very top-stone of an exact universall ecclesiasticall and civill reformation in church and state , with shoutings , crying grace , grace unto it . that so all future generations may really blesse , and call you , the repairers of our manifold breaches , the restorers of pathes to dwel lin . which is , and shall be the dayly prayer of your honours most affectionately devoted servant , to live and die with you in the common cause of god , religion , and our native country , william prynne . the treachery and disloyalty of papists to their soveraignes , in doctrine and practise . together with the first part of the soveraigne power of parliaments and kingdomes . wherein the traiterous , antimonarchicall doctrines , practises , and attempts of papists upon the persons , crownes , prerogatives , of their soveraignes , with the dangerous designes , effects , and consequences , of their present illegall arming , and accesse to the kings person , court , army , by meanes of evill counsellours , are briefely discovered , related ; the iurisdiction , power , priviledges , claimed , exercised by our popish parliaments , prelates , lords and commons in former ages , exactly paralleld with those now claimed by the lords and commons in this present parliament ; which are manifested , to be farre more loyall , dutifull , moderate ; more consistent with , lesse invasive on , and destructive to the pretended soveraigne power and prerogative of the king , then those of former ages . and the high court of parliament proved by pregnant reasons , and authorities , to be the most soveraigne power of all other , in this kingdome , in severall respects ; and superiour to the king himselfe : who is not above , but subject to the lawes : together with a punctuall answer to the chiefe calumnies , and grandest objections , of royallists , papists , malignants , delinquents , against the parliaments power , and proceedings ; with other particulars worthy observation . the second edition enlarged . by william prynne , utter-barrester , of lincolnes inne . isai ▪ . , . woe unto me , the treacherous dealers have dealt treacherously : yea , the treacherous dealers have dealt very treacherously : feare , and the pit , and a snare are upon thee , o inhabitant of the earth . psalme . , . my soule hath long dwelt with them , that are enemies unto peace . i labour for peace ; but when i speake unto them thereof , they make them ready to battle . it is this second day of may , . ordered by the committee of the house of commons in parliament for printing , that this booke , intituled , the treachery and disloyalty of papists to their soveraignes , &c. with the additions , be re-printed by michael sparke , senior . iohn white . printed at london for michael sparke , senior . . to the reader . courteous reader , the importunity of some members of parliament , hath induced me to enlarge the first part of this discourse , with sundry pertinent additions , and to re-print it in a greater character , then before ; yet distinct from the following part , for the ease , the benefit both of stationer and buyer . when i first entred upon this necessary publike theame , my primitive intention was , to have collected the chiefe heads , reasons , authorities of this and the ensuing members , into one compendious summulary , and so to publish them all together in an intire briefe : but afterwards considering the extraordinary weight and consequence of that grand common cause , both of parliament and kingdome , which i was to plead ; the novelty and rarity of the subject matter ; the extraordinary prejudice of the ignorant long-deluded world against it ; the potency , policy , multitude of learned advocates ( as well divines as lawyers ) of the opposite royall , and malignant party ; the insufficiency and unsatisfactorinesse of all late printed pleas for the parliaments interest , through defect of punctuall precedents , and authorities to backe their rationall discourses ; and that a summary slight debate of these important publicke differences , would give but small satisfaction to the adversary , and rather prejudice than advance the parliaments , kingdomes native rights and priviledges : i did thereupon enlarge my meditations , my collections , so farre forth , as straites of time , with other avocating imployments , would permit , seconding all my arguments , fortifying all my reasons , with such domesticke , foraine precedents , and authorities of all sorts , as well divine , as humane , politicall , historicall , as legall ; as through gods concurrence with , and blessing on my impotent endevours , may effectually convince the obstinate wils , abundantly satisfie the most seduced , prejudicated judgement , finally resolve the most scrupulous consciences , and eternally silence the ignorant , the most malicious tongues and pennes of all royallists , &c. anti-parliamentary malignants , who are not wilfully wedded to their long-espoused errors ; or more enamored with sordid court flattery for private selfe-ends , then fairest ( though hated , ungainfull ) verity , which aimes at nothing but the publicke good . for my part , i seriously protest before the great judge of heaven and earth , that i have herein wittingly maintained nothing at all , but what my judgement and conscience both ( byassed with no sinister ends , no private respects , ayming at nought else but the glory of god , the settled weale , and tranquillity , of our distracted , bleeding , dying church , and state , the onely motives , engaging me in this service ) informe me , to be a well-grounded , ancient , pregnant , ( though lately over-clouded , undiscovered , neglected , much-oppugned ) truth : and albeit most particulars therein debated , have for many yeares hitherto beene deposed ( that i say not stigmatized ) for seditious , dangerous antimonarchicall paradoxes , if not worse , by the generall torrent of court-parasites , lawyers , religion , nature , law , policy , the various precedents , and authorities of former ages , and throughly digested without prejudice or partiality ; they will appeare , yea , shine forth as most necessary , profitable , loyall , state-securing , peace-procuring verities ; yea , as the very nerves and sinewes to unite ; the pillars to support ; the bulwarkes to protect both church and state , against all invasions , of heresie , or tyranny ; and to keepe all the potent members of them within their legall bounds . peruse it therefore with an upright heart , a dis-ingaged judgement , an unbiassed affection ; and when thou hast thus done , let nought but naked truth resolve thy conscience , and regulate all thy future actions , services both towards thy god , king , country , in such sort ; that * glory may dwell in our land ; that mercy and truth may meet together ; righteousnesse and peace may kisse each other , once more in our nation ; and god may now at last speake peace unto his people and to his saints : so truth shall spring out of the earth , and righteousnesse shall looke downe from heaven : yea , the lord shall give that which is good ; and our land shal yeeld her increase ; righteousnesse shall goe before him , and sha●● set us in the way of his steps . * and the worke of righteousnesse shall be peace ; and the effect of righteousnesse , quietnesse and assurance for ever . and we ( being gods people ) shall dwell in a peaceable habitation , and in sure dwellings , and in quiet resting places ; yea , we * shall beate our swords into plow-shares , and our speares into pruning-hookes ; nation shall not lift up sword against nation , neither shall they learne warre any more ; but wee shall sit every man under his vine and under his figge-tree , and none shall make us afraid ; the effecting , the restoring of which sweete blessed harmony of peace and quietnesse throughout our kingdome , hath beene one principall end of this my labour , which takes away the pretended causes , the nourishing fewell of our present unnaturall contentions , and destructive bloody warres . entertaine it therefore , with that candidnesse and ingenuity , as becomes the cordiallest endevours , of a reall unmercenary philo-pater , who hath freely done and suffered many things , and is still prest to doe and suffer all things , for his dearest countries service , in an honourable lawfull christian way ; though he receive no other guerdon , than the losse of all his earthly comforts , and a new addition to his former sufferings . that saying of symmachus hath been encouragement enough to me , * saluti publicae dicata industria crescit merito , cum caret praemio ; which i wish were more considered and better practised by some degenerous mercenary spirits in these sad times ; who receive great wages , and doe little worke ; refusing to stirre either hand or foote upon any advantage , or necessary occasion to preserve their native country from desolation , before they have pursed up their undemerited pay ; and yet even then perchance sit still : it is a basenesse not onely farre below * christianity , but humanity it selfe , for men ( especially those of publicke place and abilities ) to preferre their owne private ends , before the publicke safety ; their particular gain , before the commonweale , when the whole kingdome lyeth at stake . but i hope heroicke english spirits , will learne more generous resolutions and activity in times of such extremity ; and that those whom it most concernes , will take timely notice , that sordid mercenaries are the greatest , falsest cowards ; christ himselfe resolving what poore , what ill service they will do in dayes of tryall , joh. . , . he that is an hireling , seeth the wolfe comming and leaveth the sheepe , and fleeth ; and the wolfe catcheth them and scattereth the sheepe . the hireling fleeth , because he is an hireling , and careth not for the sheepe . he loves onely his wages , not his charge , his duty ; god discover and amend all such , or else speedily discard them . that so all ayming onely at the publique good and tranquility ; we may eft-soone procure , enjoy the same to our greatest consolation . the treachery and disloyalty of papists to their soveraignes , both in doctrine and practise . when i seriously consider the memorable preamble of . iac. ch . . that it is found by daily experience , that many of his majesties subjects who adhere in their hearts to the popish religion , by the infection drawne from thence , and by the wicked and divellish counsell of iesuites , seminaries , and other persons dangerous to the church and state , are so farre perverted in the point of their loyalties and due obedience unto the kings majesty , and the crowne of england , as they are ready to entertaine and execute any treasonable conspiracies and practices , as evidently appeares by that more then barbarous and horrible attempt to have blowne up with gunpowder , the king , queene , prince , lords and commons in the house of parliament assembled , tending to the utter subversion of the whole state , lately undertaken by the instigation of iesuites and seminaries , and in advancement of their religion by their schollars taught and instructed by them for that purpose . with the statutes of . eliz. ch . . and . iacob . ch . . which enact : that all popish reeusants shall be restrained to some certaine places of abode , and confined to their private houses in the country , and not at any time after to passe or remove above five miles from thence , under paine of forfeiting all their lands , goods , and chattels , during life . that none of them shall remaine within ten miles of the city of london , nor come into the court or house where his majesty , or heire apparent to the crowne of england shall be ; nor have in their owne houses , or in the hands or possession of any other at their disposition , any armour , gunpowder , or munition , of what kinde soever ; and all this , for the better discovering and avoyding of such trayterous , and most dangerous conspiracies , treasons , practises , and attempts , as are daily devised , and practised against our most gracious soveraignes person , and the commonweale , by rebellious and trayterous papists . and when i read in * two of king iames his proclamations : that those adhering to the profession of the church of rome , are blindly led ( together with the superstition of their religion ) both unto some points of doctrine which * cannot consist with the loyalty of subjects towards their prince , and oft times unto direct actions of conspiracies , and conjurations against the state wherein they live , as hath most notoriously appeared by the late most horrible and almost incredible conjuration ( grounded upon points of doctrine in that church held and mantained , and contrived , and practised with the privity and warrant of many of the principall priests of that profession ) to blow up our children and all the three states in parliament assembled . and when we consider the course and claime of the sea of rome , we have no reason to imagine , that princes of our religion and profession can expect any assurance long to continue , unlesse it might be assented by the mediation of other princes christian , that some good course might be taken ( by a generall councell , free , and lawfully called ) to plucke up those rootes of dangers and jealousies which arise for cause of religion , as well betweene princes and princes , as betweene them and their subjects ; and to make it manifest , that no state or potentate , either doth or can challenge power to dispose of earthly kingdomes , or monarchies , or to dispence with subjects obedience to their naturall soveraignes ; ( which was never yet attempted , much lesse effected . ) and in the booke of thanksgiving appointed for the fifth of november , ( set forth by king iames , and the parliaments speciall direction ) this observable prayer ( somewhat altered by the now a arch-prelate of canterbury in the latter editions to pleasure his friends the papists ) to that end strenghthen the hand of our gracious king , the nobles and magistrates of the land , with iudgement s●p justice , to cut off these workers of iniquity ( the papists ) whose religion is rebellion , whose faith is faction , whose practise is murthering of soules and bodies , and to roote them out of the confines of this kingdome . i cannot but stand amazed , yea utterly confounded in my selfe , at the impudency and treachery of those pernicious counsellors , who in affront of all these lawes and premises , have issued out sundry b commissions , under his majesties hand and seale , to divers notorious papists , not onely to furnish themselves with all sorts of armes and munition ; but likewise to meete together armed , and raise forces in the field , to fight against the parliament , kingdome , and protestant religion , ( even contrary to divers his majesties late printed declarations , and protestations , to all his loving subjects ) advanced them to places of great trust and command in his majesties severall armies ; & procured them free accesse unto , if not places of note about his sacred person , as if they were his loyallest subjects , his surest guard ( as many now boldly stile them ) and more to be confided in , then his best and greatest councell , the parliament ; whom they most execrably revile , as rebels , and traytors , the more colourably to raise an army of papists to cut their throats , and the throat of our protestant religion first ( as they have already done in ireland , ) and then last of all his majesties , in case he refuse to become the popes sworne vassall , or alter his religion , which he hath oft protested ( and we beleeve ) he will never doe . but i desire these il counsellors of the worst edition , to informe his majesty , or any rational creature , how it is either probable , or possible , that an army of papists should secure his royall person , crowne , dignity , or protect the protestant religion , the parliament , or its priviledges , to all which they have shewed themselves most professed enemies . we all know that popish recusants c obstina●ely refuse to take the oath of supremacy , or allegiance ( some of them that tooke it , having beene excommunicated by their priests for a reward ) the summe of which oath is , * that they doe truly and sincerely acknowledge and professe ; that the pope hath no authority to depose the king , or to dispose of any his kingdomes , or to authorize any foraine prince to invade his countries , or to discharge any his subjects from their allegiance to his majesty , or to licence any of them to beare armes , or raisetumults against him , or to offer any violence or hurt to his royall person , state , government , subjects . that notwithstanding any declaration , excommunication , or deprivation made or granted by the pope , or any authority derived from him , against the king , his heires , and successors , or any absolution from their obedience , they will beare faith and true allegiance to them , and them protect to the uttermost of their power against all conspiracies and attempts whatsoever against their persons , crowne , and dignity , by reason of any such sentence or declaration , or otherwise . and that they doe from their hearts , abhorre , detest , abjure as impious and hereticall , this damnable doctrine and position : ( professedly maintained by english papists , else why should the parliament prescribe , and they absolutely refuse to take this oath ? ) that princes excommunicated or deprived by the pope , may be deposed or murdered by their subjects , or any other whatsoever . will those then who refuse to take this oath , or abjure this king-deposing , king-killing popish doctrine ; harbouring a s●eminary priest in their tents , and a pope in their hearts , prove a faithfull guard to his majesties person , crowne , kingdomes ? will those who so oft conspired the death , and attempted the murthers of queene elizabeth , and king iames , onely because they were protestants , and defenders of the protestant faith , now cordially protect and assist king charles , without attempting any thing against his crowne or person , who hath lately made and published so many protestations , and declarations , that he will never imbrace , nor countenance popery , but most resolutely defend , and advance the protestant religion ; and makes this one principall motive ( how truely , he taketh heaven and earth to witnesse ) of his present taking up of armes ? will they ( thinke you ) spend their lives for king and parliament , who but few yeares since lost their lives for attempting by a traine of gunpowder to blow up both king and parliament ? will those secure his majesty in his throne , now he is actually king of england , who would have murthered him in his cradle , ere he was prince , to forestall him of the crowne of england ? can those prove really royall to his majesty and his royall posterity , who would have blowne up him and all his royall house at once , even long before he had posterity ? in a word ( if ancient presidents will not convince us ) are those who for d two yeares last past or more , have beene labouring with might and maine to uncrowne his majesty , and utterly extirpate the protestant religion by horrid conspiracies and force of armes , in ireland , and are now there acting the last scene of this most barbarous bloudy tragedy ; likely to spend their dearest bloud in fighting for the preservation of his majesties crowne and the protestant cause in england , if this onely be the reall quarrell , as is speciously pretended ? or will any of that religion , who within these three yeares , have by force of armes , both in catalonia , portugall , and elsewhere , revolted from , and cast off their allegiance to their owne most catholicke king , to set up others of the same religion in his tribunall for their greater advantage ; put to their helping hands to establish his majesty ( the most protestant king ) in his regall throne , admit it were really , not fictitiously indangered to be shaken by the parliament ? certainly , if the ground of this unnatural warre be such as these ill counsellors pretend , they would never be so farre besotted as to make choyce of such unfitting champions as papists , for such a designe , who are very well knowne to be the greatest enemies and malignants of all others , both to king , kingdome , religion , parliament , whose joynt destructions ( what ever these ill counsellors pretend ) is questionlesse the onely thing really intended by the popish party in this warre , as the proceedings in ireland , the introducing of foraine , the raising of domestick popish forces , the disarming of protestants , and arming papists with their harnesse , clearely demonstrate to all whom prejudice hath not blinded . now that i may evidence to these pernicious counsellors , and all the world , how dangerous , how unsafe it is to his majesty , to the kingdome , to put armes into papists hands , and make use of them to protect the kings person , or crowne ; i shall desire them to take notice both of the papists traiterous doctrine , and practise , in these three particulars they maintaine . first , that the pope by a meere divine right , is the sole and supreme monarch of the whole world , and all the kingdomes in it , to dispose of them at his pleasure , to whom and when he will , without giving any account of his actions . that all emperours and kings are but his vassals , deriving , and holding their crownes from him by base unworthy services , worse then villenage ; that they call , and repute them their popes vassals , curs , packe-asses with bels about their neckes , and use them like such , if they offend the pope . for full proofe whereof out of their own authours and practise , i shall refer them to doctor e richard crackenthorps booke , of the popes temporall monarc●y , chap. . p. . to . worthy any mans reading , to iohn bodins commonwealth , lib. . cap. . bishop iewels view of a seditious bull , and doctor iohn whites defence of the way to the true church , chap. . p. . secondly , that the pope alone without a councell , may lawfully excommunicate , censure , depose both emperours , kings , and princes ; and dispose of their crownes and kingdomes unto others ; that it is meete and necessary he should excommunicate and deprive all kings , who are either heretickes or apostates ( as they repute all protestant princes ) or oppressors of the common-wealth : that as soone as such princes are actually excommunicated , or notoriously knowne to be heretickes or apostates , their subjects are ipso facto absolved from their governme●t , and oathes of allegiance whereby they were bound unto them ; and may , yea ought to take up armes against them to deprive them of their kingdomes . thirdly , that such hereticall , tyrannicall , oppressing kings may be killed , poysoned , or slaine by open force of armes , not onely lawfully , but with glory and commendations ; that this is to be executed by catholikes ; and that it is not onely an heroicall , but meritorious act , worthy the highest encomiums ; and a saint-ship in the roman calender . these two last propositions you may read abundantly proved by the words of popish writers , and forty examples of severall emperours , kings and princes , which popes and papists have excommunicated , deprived , violently assaulted and murthered , in e doctor iohn whites defence of the way to the true church , chap. . pag. . to . and chap. . p. . . in his sermon at pauls crosse , march . . pag. . . in bishop iewels view of a seditious bull , in bishop bilsons true difference of christian subjection , and unchristian rebellion , part . . throughout : aphorismi doctrinae iesuitarum : king iames his apology against bellarmine , with his answer to cardinall perron , and sundry printed sermons , preached on the fifth of november , to which i shall referre the reader . what security or protection then of his majesties royall person , crowne , kingdomes , can now be expected from our popish recusants , ( infected with these trayterous principles , and branded with so many ancient , moderne , nay present treasons and rebellions against their soveraignes ) let the world and all wise men seriously judge ; what faire quarter and brotherly assistance the parliament , protestants , protestant religion , lawes and liberties of the subject are like to receive from this popish army , the late gunpowder treason , the spanish armado , the english and french booke of martyrs , the present proceedings in ireland , yorkeshire , and elsewhere , will resolve without dispute : and what peace and safety the kingdome may expect in church of state , whiles popery and papists have any armed power or being among us , f doctor iohn white hath long since proclaimed at pauls crosse ( and now we feele it by experience ) in these words ; papistry can stand neither with peace nor piety ; the state therefore that would have these things , hath just cause to suppresse it . touching our peace , it hath not beene violated in our state these many yeares but by them , nor scarce in any christian state , since charles the great his time , but the pope and his ministers have had a hand in it . all these ill advisers ( to colour their close g designe of re-establishing popery , principally intended ) can alleadge for arming papists against law , is ; that the parliament hath trayterously invaded the kings prerogatives in a high degree ; claimed a power and jurisdiction above his majesty in sundry particulars ; yea , usurped to its selfe a more exorbitant , unlimited , arbitrary authority in making lawes , imposing taxes , &c. then any parliaments challenged in former ages ; to represse which insolences , and reduce the parliament to its due limits , his majesty is now necessitated to raise an army , and pray in ayde of papists , who in former ages have beene more moderate in their parliaments , and are like to prove most cordiall and loyall to his majesty in this service . to answer which pretence more fully , though it be for the maine , most palpably false , yet ( by way of admission onely ) i shall suppose it true , and with all possible brevity manifest ; that parliaments , prelates , peeres , commons in times of popery , have both claimed and exercised farre greater authority over our kings and their prerogatives , then this or any other protestant parliament hath done : wherefore papists of all others , have least cause to taxe the parliaments proceedings , and those ill counsellors and his majesty small reason to imploy or trust papists in this service . to descend to some particular heads of complaint , involved in this generall . first , it is objected , that the parliament and some of its h advocates , with its approbation , affirme ; that the parliament being the representative body of the whole kingdome , is in some respects of greater power and authority then the king ; who though he be singulis major , yet he is , universis minor ; which is contrary to the oath of supremacy , ( wherein every subject , * doth utterly testifie and declare in his conscience , that the kings highnesse is the onely supreame governour of this realme , &c. as well in all spirituall or ecclesiasticall causes , as temporall : ) and a kinde of unkinging his majesty , no wayes to be indured . to which i answer , first , that if this doctrine be either traytorous or hereticall , the papists were the first broachers of it long agoe ; for hen. de bracton a famous english lawyer , who writ in king henry the third his reigne , lib. . cap. . f. . a. resolves thus , i but the king hath a superiour , to wit god : also the law , by which be is made a king : likewise his court ; namely , the earles and barons ; because they are called comites , as being the kings fellowes ( or companions ; ) and he who hath a fellow ( or associate ) hath a master : and therefore if the king shall be without a bridle , that is , without law , they ought to impose a bridle on him , unlesse they themselves with the king shall be without bridle ; and then the subject shall cry out and say , o lord iesus christ doe thou binde their jawes with bit and bridle , &c. a cleare resolution , that the law , with the earles and barons assembled in parliament , are above the king , and ought to bridle him when he exorbitates from the law : which he also seconds in some sort , lib. . cap. . f. . this doctrine was so authenticke in those dayes , and after times , that in the great councell of basil. anno . when this mighty question was debated ; whether a pope were above a generall councell , or a councell above him ? such a councell was at last resolved to be above the pope , upon this reason , among others k the pope is in the church as a king is in his kingdome , and for a king to be of more authority then his kingdome , it were too absurd ; ergo , neither ought the pope to be above the church . in every well ordered kingdome , it ought specially to be desired , that the whole realme should be of more authority then the king ; which if it happened contrary , were not to be called a kingdome , but a tyranny . and like as oftentimes kings , which doe wickedly governe the common-wealth and expresse cruelty , are deprived of their kingdomes ; even so it is not to be doubted but that the bishop of rome may be deposed by the church , that is to say , by the generall councell . at the beginning ( as * cicero in his offices saith ) it is certaine there was a time when as the people lived without kings . but afterwards when lands and possessions beganne to be divided according to the custome of every nation , then were kings ordained for no other causes but onely to execute justice : for when at the beginning the common people were oppressed by rich and mighty men , they ranne by and by to some good and vertuous man , which shou●d defend the poore from injury , and ordaine lawes , whereby the rich and poore might dwe●l together . but when as yet under the rule of kings , the poore were oftentimes oppressed , lawes were ordained and instituted , the which should judge , neither for hatred nor favour , and give like e●re unto the poore as rich : whereby we understand and know , not only the people , but also the king to be subject to the law. for if we do see a king to contemne and despise the lawes , violently rob and spoile his subjects , deflower virgins , dishonest matrons , and doe al things li●entiously and temerariously , doe not the nobles of the kingdome assemb●e together , deposing him from his kingdome , set up another in his place , which shall sweare to rule and governe uprightly , and be obedient unto the lawes ? verily as reason doth perswade , even so doth the use thereof also teach us : it seemeth also agreeable unto reason , that the same should be done in the church , that is , in the counce●l , which is done in any kingdome . and so is this sufficiently apparent , that the pope is subject unto the councell ; thus the bishop of burgen , ambassadour of spaine , the abbot of scotland , and thomas de corcellis , a famous divine , reasoned in this councell , which voted with them . here we have a full resolution of this great councell ( which the papists call a generall one , being l approved by the greeke and romane emperours , and most christian kings , and states , and ours among others : ) that the kingdome in parliament assembled , is above the king , as a generall councell is paramount the pope : which they manifest by five reasons . first , because kings were first created and instituted by their kingdomes and people ; not their kingdomes and people by them . secondly , because they were ordained onely for their kingdomes and peoples service and welfare , not their kingdomes and people for them . thirdly , because their kingdomes and people , as they at first created , so they still limit and confine their royall jurisdiction by laws , to which they are and ought to be subject . fourthly , because they oblige them by a solemne oath , to rule according , and to be obedient unto the lawes . fifthly , because they have power to depose them in case they contemne the lawes , and violently rob and spoyle their subjects . this then being the doctrine of papists concerning the power and superiority of parliaments , peeres , and kingdomes over their kings , they have least ground of all others , to taxe this parliament or its advocates , as guilty of treason , and usurpation upon the crowne , for a more moderate claime then this amounts to , and the king or his ill counsell no ground to expect more moderation and loyalty from popish then protestant parliaments . secondly , i answer , that popish parliaments , peeres , and prelates have heretofore challenged and exercised a greater jurisdiction over their kings , then this parliament , or any other , since the embracing of the protestant religion , ever claimed ; and doe in a great measure disclaime . for , first of all , they have challenged and executed a just and legall power ( as they deemed it ) to depose their kings , for not governing according to law ; for following and protecting evill counsellours , and officers ; oppressing their subjects , and making warre against them . this is evident , not onely by the fore-mentioned passages of the councell of basil , with infinite presidents in foraine empires and kingdomes , which i pretermit , but by sundry domesticke examples of which i shall give you a short touch . m anno dom. . king vortigern , when he had reigned sixe yeares space , for his negligence and evill government ( for which vodine arch-bishop of london told him , he had endangered both his soule and crowne ) was deposed from his crowne by his subjects ( the britaines ) generall consent , imprisoned , and his sonne vortimer chosen and crowned king in his stead ; after whose untimely death ( being poysoned by rowena ) vortigern was againe restored by them to the crowne , and at last for his notorious sinnes , by the just revenging hand of god , consumed to ashes by fire , kindled by au●elius , and vter , as heavens ministers to execute its wrath . sigebert n king of the west-saxons , setting aside all lawes and rules of true piety , wallowing in all sensuall pleasures , and using exactions and cruelties upon his subjects , and slaying the earle cumbra , his most faithfull counsellour , for admonishing him lovingly of his vicious life : the peeres and commons thereupon seeing their state and lives in danger , and their lawes thus violated , assembl●d all together ; and provida omnium deliberatione , rose up in armes against him , deposed , and would acknowledge him no longer their soveraigne , whereupon flying into the woods , as his onely safeguard , and there wandring in the day like a forlorne person , and lodging in dens and caves by night , he was slaine by cumbra his swin-herd , in revenge of his masters death , and kenwolfe made king in his stead , anno dom. . o osred king of northumberland , for his ill government was expelled by his subjects , and deprived of all kingly authority , anno . so ethelred , ( the sonne of mollo ) his next successor , being revoked from exile and restored to the crowne , of which he was formerly deprived , thereupon murthering divers of his nobles and subjects to secure his crowne , so farre offended his subjects thereby , that an. . they rose up in armes against him , and slew him at cobre . thus n an. . the people of the kingdome of mercia rising up against beornerd their king , because ●e governed the people not by just lawes , but tyranny , assembled all together , as well nobles as ignoble ; and offa , most valiant young man being their captaine , they expelled him from the kingdome : which done , unanimi omnium consensu , by the unanimous consent of all , as well clergy as people , they crowned offa a king. o ceolwulfe king of mercia , an. . after one yeares reigne , was for his mis●●vernment expulsed by his people , abandoning his crowne and country for the ●afety of his life . p ed●●yn king of mercia and northumberland , for his misgovernment , tyranny , oppression , following vaine , base , wicked counsellors , rejecting the advise of the wisest and noblest person , was , by the unanimous consent of all his subjects , removed from all kingly dignity , and deposed ; in whose place edgar was elected king , an. . deo dictante & annuente populo . not to m●ntion the story of q archigallo , one of our ancient british kings , in times of paganisme ; who giving himselfe to all dissention and strise , imagining causes against his nobles , to put them from their goods and dignities , setting up ignoble persons in their places , and plucking away by sinister , wrongfull meanes from the rich their wealth and goods , by which he enriched himselfe , and impoverished his subjects ; was for these his conditions murmured against by his subjects ; who of one assent lastly tooke and deprived him of all kingly honour and dignity , when he had reigned almost five yeares , making his brother elidurus king of britaine , by one assent , in the yeare of the world , . who after five yeares good reigne , feigning himselfe sicke , assembled the barons of the land , and by his discreet words , and bearing loving carriage , perswaded them to restore archigallo to his former honour and regalty ; and thereupon assembling a councell of his britaines at yorke , caused such meanes to be made to the commons , that in conclusion he resigned his crowne to archigallo : who being thus restored to his crowne by joynt consent of the people , remembred well the evill life that before time he had led , and the punishment hee had suffered for the same . wherefore for eschewing the like danger , he changed all his old conditions and became a good and righteous man , ministring to the people equity and justice , and bare himselfe so nobly towards his lords and rulers , that he was beloved and dread of all his subjects , and so continued during the terme of his naturall life . nor yet to remember r emerian , another old british king , who for misordering of his people was deposed by them , in the sixth yeare of his reigne , and ydwallo promoted to the kingdome ; who taught by emerian his punishment , behaved himselfe justly all the time of his reigne : or any more such precedents before the conquest . we finde the s popish barons , prelates , and commons , disavowing king iohn , whom they had formerly elected king , for making warre upon them , and wasting , burning and spoyling the kingdome like an enemy , and electing lewis of france for their king , to whom they did homage and fealty : there are none so ignorant but know , that the popish prelates , lords and commons in parliament , t anno . deposed king edward the second their naturall king , for his misgovernment , and following and protecting ill counsellors , inforcing him by way of complement to resigne his crowne , threatning else , that they would never endure him , nor any of his children , as their soveraigne , but disclaiming all homage and fealty , would elect some other for king not of his bloud , whom themselves should think most fit and able to defend the kingdome . after which they elected and crowned his son edward the third for their king. that anno . u king richard the second , for sundry misdemeanours objected against him in . articles in parliament , and breach of his coronation oath , was judicially deposed by a popish parliament , by a definitive sentence of deposition given against him , which you may read at large in our historians , and henry the fourth elected and created king in his stead : in both which depositions the popish prelates were chiefe actors . x anno . king henry the sixth , queene margaret and prince edward their sonne were by a popish parliament disinherited of their right to the crowne ; and edward the fourth made king : after which king henry was by another parliament recrowned , and re-established in his kingdome , and edward the fourth declared a traytor and usurper of the crowne . and not long after , edward taking king henry prisoner , and causing him to be murdered in the tower , another popish parliament , anno . abrogated king henries lawes , and re-established king edward . all this have our popish parliaments , prelates , lords and commons formerly done , and that rightly and legally , as they then supposed ; which farre transcends the highest straines of pretended incroachments on his majesties royalties by the present parliament . secondly , our popish parliaments , peeres and prelates have oft translated the crown from the right heires , & setled it on others who had no lawful right or title to it , electing and acknowledging them for their onely soveraigne lords ; in which actions the popish prelates and clergy were commonly the ring-leaders : witnesse their y electing and crowning of edward , who was illegitimate , and putting by ethelred the right heire after edgars decease , an. . their electing and crowning canutus king , a meere forrainer , in opposition to edmund the right heire to king ethelred , anno . of harold and hardiknute , both elected and crowned kings successively without title , edmund and alfred the right heires being dispossessed , and the latter imprisoned a●d tortured to death , anno . and . yet after hardiknutes decease edward ( surnamed the confessor ) was chosen king by consent of parliament . and the english nobilities , upon the death of king harold , enacted , that none of the danish bloud should any more reigne over them . after this kings death , edgar etheling who had best title , was rejected , and harold elected and crowned king : so after william the conquerors decease , anno . robert the elder brother was pretermitted , and william rufus the younger brother crowned and established in the throne : after whose death henry the first , his younger brother ( though not next heire ) was elected king by the clergy , nobles and commons , ( who refused to admit of any king but with capitulations and caveats to their owne liking ) upon faire promises for reforming bad and rigorous lawes , remission of taxes exacted on the subjects , and punishment of the chiefe causers of them , and a solemne oath to frame good lawes , and ratifie saint edwards lawes ; all which he really performed . so after the death of richard the first , iohn earle of morton was established and crowned king , and his nephew arthur , the right heire , disinherited . and he dying , his sonne henry the third was elected and crowned , and lewis ( made king in his fathers life by the barons ) removed . the like we finde in the case of k. henry . k. edw. . and richard the third , made kings by acts of parliament , by our popish prelates and nobles with the commons consent , upon unlawfull or doubtfull titles , by way of usurpation , and the right hereditary line put by . such a transcendent power and jurisdiction as this to disinherit the right heire and transferre the crowne to whom they thought meetest , neither the present nor any other protestant parliaments , peeres or subjects ever exercised , though popish parliaments , prelates , lords , and commons have thus frequently done it ; of which you may reade more in h. . c. . h. . c. . h. . c. . h. . c. . and other acts hereafter cited . thirdly , the lords and commons in times of popery have sent out writs and summoned parliaments in the kings name , and forced the king to call a parliament without and against his full consent . thus anno . z the barons petitioned kings iohn to confirme magna charta and their liberties tendered to him ; who having heard them read , in great indignation asked ; why the barons did not likewise demand the kingdome ? and swore , that he would never grant those liberties whereby himselfe should be made a servant : so harsh a thing is it ( writes daniel ) to a power that hath once gotten out into the wide liberty of his will , to heare againe of any reducing within his circle : not considering , how those who inherit offices succeed in the obligation of them , and that the most certaine meanes to preserve unto a king his kingdome , is to possesse them with the same conditions that he hath inherited them . the barons hereupon raise a great army at stamford , wherein were . knights besides esquires , constituting robert fitz-walter their generall , intituling him , the marshall of the army of god and holy church ; seize upon the kings castles : and the londoners sending them a privie message to joyne with them , and deliver up the city to be guided by their discretion : thither they repaire , and are joyfully received under pact of their indempnity . after which they sent letters to the earles , barons , and knights throughout england , who seemed ( although fainedly ) to adhere to the king , exhorting them with a commination , that as they loved the indemnity of their goods and possessions , they should desert a perjured king , and that adhering faithfully to them , they should with them stand immovably , and effectually contend for the liberties and peace of the kingdome . which if they contemned to doe , they would with armes and banners displayed , march against them as publike enemies , subvert their castles , burne their houses , and edifices , and not cease to destroy their ponds , parkes , and orchards : whereupon all the lords , knights , and people deserting the king , who had scarce seven knights in all left with him , confederated themselves to the barons . the king seeing himselfe generally forsaken , counterfeits the seales of the bishops , and writes in their names to all nations ; that the english were all turned apostates , and whosoever would come to invade them , he , by the popes consent , would conferre upon them al their lands and possessions . but this devise working no effect in regard of the little credit they gave to and confidence they had in the king , the truth being knowne , all men detested such wickednesses and forgeries , and so the king fell into his owne snares ; hereupon the king fearing the barons would take all his castles without any obstacle , though he conceived an inexorable hatred against them in his heart , yet he craftily dissembled , that he would make peace with them for the present ; ut cum furtim surrexisset , in dissipata agmina acrius se vindicaret ; & qui in omnes non poterat , in singulos desaeviret . wherefore sending william marshall earle of pembroke to them , with other credible messengers , he certified them , that for the good of peace , and the exaltation and honour of his kingdome , he would gladly grant them the lawes and liberties they desired ; commanding the lords by the same messengers that they should provide a fit day and place , where they might meete and prosecute all these things : who related all these things deceitfully imposed on them , without fraud to the barons at london ; who appointed the king a day to come and conferre with them in a meade betweene stanes and windsor , called running-meade ; on the . day of iune . where both parties meeting at the day , and conferring , the king perceiving his forces too weake for the barons , who were innumerable , easily granted their subscribed lawes and liberties without difficulty , and confirmed them with his charter , hand , seale , oath , proclamations , and other assurances , which you shall heare anon : this meeting daniel and others stile a parliament ( as well as that at a clarindon and other assemblies in the open field ) the great charter being therein first confirmed ; which parliament the king by force of armes was constrained to summon . so b anno dom. . king henry the third cancelling the charter of the forest at oxford , pretending that he was under age when he sealed and granted it at first , and so a ●●llity : hereupon the barons confederate by oath , and put themselves in armes at stamford , from whence they sent to the king , requiring him to make restitution without delay of the liberties of the forests lately cancelled at oxford , otherwise they would compell him thereto with the sword ; to avoyd which danger he was enforced to summon a parliament at northampton , where a concord was concluded on all hands , anno . and so the parliament brake up , c anno . henry the third incensing his nobility and generally all his subjects , by his entertainment of forainers by whom he was ruled , by marrying his sister elianor to simon de monfort a banished frenchman , and his oppressions , contrary to his oath and promise in parl. that year , put them into a new commotion , who thereupon made a harsh remonstrance of their grievances to him , by his brother richard , by means whereof the king was forced to call a parliament at london anno . whither the lords came armed to constraine the king ( if he refused ) to the reformation of his courses . d anno . king henry is againe enforced by the barons and peeres to call a parliament at oxford and at london against his will , and to assent to ordinances therein made : and anno . he was likewise constrained to call two other parliaments at london , and to assent to the new ordinances therein proposed , which he did onely to get time and circumvent the barons . e anno dom. . and . king edward the second was in a manner constrained at the instant supplication of his nobles to summon a parliament , and to banish his minion pierce gaveston against his will. f in the . and . yeares of this king , the barons raising an army by force of armes compelled him to summon a parliament at westminster , and to passe an act for the banishment of these two great favorites the spensers who miscounselled and seduced him , and oppressed his people . g and in the last yeare of this kings reigne , his popish prelates , nobles , and commons , taking him prisoner , summoned a parliament in his name much against his will : wherein for his misgovernment , they enforced him to resigne his crowne ; deposed him , renounced their allegiance to him , and set up his sonne king edward the third in his throne ; as you may reade at large in walsingham , polychronicon , caxton , fabian , grafton , hollinshead , speed , stow , howes , daniel , mr. fox , and others who have written the history of his life . in the yeare . ( the . of edward the third his reigne ) the popish lords , prelates , and commons in ireland , summoned a parliament there by their owne authority , without , and against the kings or deputies consents ; wherein they framed divers questions and articles against the kings ministers there imployed , ( which the irish h annals record at large ) refusing to appeare at the parliament there summoned by the kings authority and officers . i reade in the statute of r. . c. . ( and our i historians have a touch of it . ) that the duke of glocester , and the earles of arundel and warwicke assembled forcibly and in great number at harengy , and so came in such manner forcibly to the kings palace at westminster , arraied in manner of marre , that the king might not then resist them without great perill of his body and destruction of his people : so that by coertion and compulsion the said duke and earles made the king to summon a parliament at westminster the morrow after the purification of our l●dy , the eleventh yeare of his reigne : which parliament so begunne , the said duke and earles in such forcible manner continued ; and in the same did give many and divers judgements , as well of death of man as otherwise , upon divers of the kings liege people , and did give judgement of forfeitures of lands , tenements , goods , and cattels , whereof they be convict of high treason ; and also for certaine questions , which were demanded by the king touching his estate and regality , of certaine of his iudges , then at notingham the same yeare . and for their answers of the same , given to the king upon the same questions , the same iustices were forejudged of their lives , and judgement given against them of forfaiting their lands , goods , and chattels ; and the said duke and earles made divers statutes and ordinances in that parliament at their will , the summons whereof was made expressely against the right of the kings crowne , and contrary to the liberty and franchese of his person and royall estate : whereupon it was by this packed over-awed parliament , and act , annulled , revoked , and holden as none ; as a thing done without authority , and against the will and liberty of the king , and the right of his crown . yet it continued in full force for . yeares space , during which time there were parliaments held which would not repeale it : and by the parliament in h. . c. , . this parliament of r. . was repealed , with all the circumstances , and dependants thereof ; the parliament and statutes of r. . revived , and enacted to be firmely holden and kept after the purport and effect of the same , as a thing made for the great honour and common profit of this realme . after this in the yeare of king richard the third , when he had yeelded himselfe prisoner to henry duke of lancaster ; the duke comming with him to london , sent out k summons for a parliament to be holden the last of september , in the kings name , ( sore against his will ) and enforced him first to resigne his crowne unto him , and afterwards caused him to bee judicially and solemnely deposed by consent of all the states of the realme in parliament , for certaine abuses in his government objected against him ; the whole manner of which resignation , deprivation , and proceedings , you may reade at large in our histories . these popish prelates , lords and commons , enforcing their kings to summon all these parliaments , ( with others which i pretermit ) might seeme to have some legall colour from the ancient law of king alfred ; who in an assembly of parliament l enacted this for a perpetuall custome : that a parliament should be called together at london twice every yeare , or oftner , in time of peace , to keepe the people of god from sin , that they might live in peace , and receive right by certaine usages and holy judgements and from the statutes of e. . c. . & e. . c. . ( backing this ancient law ) which enact : that for the maintenance of the lawes and statutes , and redresse of divers mischiefes and grievances which daily happen , a parliament shall be holden every yeare once , and more often if need be. now these lawes would have beene meerely voyd and ineffectual , if these kings , who were obliged by their coronation oathes to observe them , refusing to call a parliament as often as there was need , or at least once every yeare , according to the purport of these lawes , might not be constrained by their nobles , prelates , people to summon them , in case they peremptorily refused to call them of their owne accords , or upon the motion or petition of their counsell , lords and commons . whereupon in the bill newly passed this session , for a trienniall parliament , for time to come , there is speciall provision made how the parliament shall be summoned and convented by the lords , commons , and great officers of the realme , themselves , without the kings concurrent assent , ( though by his writ and in his name ) in case of his neglect or wilfull refusall to summon one within that time . neither is this a thing unusuall in other parts . in the m generall councell of nice an. . canon . it was decreed ; that a councell should be held twice every yeare in every province to regulate the affaires and abuses of the church . the n councell of antioch , can. . appoints two councels to be held every yeare in every province , the one the third weeke after easter , the other upon the . of october : to heare and determine all ecclesiasticall causes and controversies . and in the . o councell of constantinople , can. . the councell of africke , can. . pope leo the first , in his decretall epistles , epist. . c. . the counsell of chalcedon , can. . the third counsell of toledo under king reccaredus , an. . cap. . the fourth counsell of toledo , under king sisenandus , an. . the greeke synods , collected by martin bishop of bracara , cap. . the second counsell of aurelia , can. . the third at the same place can. . and the fourth , can. . the second synod of towres , can. . the fifth counsell of aurelia , cap. . the counsell at hereford , under king egfred , an. . in beda's ecclesiast . hist. l. . t. . pope gregory the first in his decretall epistles , lib. . registri , epist. . the sixt counsell of constantinople , can. . the counsell of antricum , can. . the counsell of maseon , can. . p pope gregory the third his decretall epistles . the synod of suessons , under king childeric , the counsell under king pepin , at the palace of vernis , an. . cap. . the counsell of paris , under lewis , and lothaire , an. . l. . cap. . the counsell of melden , an. . cap. . with sundry other counsells , decree , that a synod or counsell shall be kept twice ( or at the least once ) every yeare , at a certaine time and place in every province ; that all bishops and others , unlesse hindered by sicknesse , or other inevitable occasions , should be present at it , and not depart from it till all businesses were ended , and the counsell determined , under paine of excommunication ; that kings by their mandates should not interrupt these counsells , nor keepe backe any members from them . and to the end they might be the more duely observed without interruption for want of a new summons ; they likewise decreed ; that before the counsels determined , they should still appoint both the day and place , when and where the next counsell should assemble , of which every one was to take notice , and to appeare there at his perill , under paine of excommunication and other censure , without any new citation . yea , the great q counsell of basil , an. . session . provides and decrees ; that in every province an annuall , or at least a bienniall or trienniall counsell at farthest , shall be kept at a set time and place , where none should faile to meet under paine of forfaiting halfe their annuall revenues ; and if the metropolitan , without lawfull impediment , should neglect to summon such counsels at the times appointed ; he should for his first default forfait the moity of his revenues ; and if within three moneths after he neglected to summon the said counsell , then he was to be suspended from all his offices and benefices , and the ancientest , or most eminent bishop in the province in his default , or any other that by custome ought to doe it , was to supply his neglect in assembling and holding the counsell . as it was thus in summoning counsels , for the government of the church , and ecclesiasticall affaires : ( many of which counsels , as is evident by r divers saxon , british , spanish , french counsels , were no other but parliaments , wherein the king and all temporall estates assembled , and sate in counsell as well as the prelates and clergie , as they did as well in generall , as in nationall and provinciall counsels ; ) so likewise in calling diets , parliaments , and general assemblies of the estates , for setling and ordering the civill affaires of kingdomes . not to mention the power of assembling the roman senate , residing principally in the consuls , as s bodin proves at large . in the t kingdome of aragon in spaine , of ancient times by an ancient statute of that kingdome , a parliament or generall assembly of the states was to assemble at a set time and place , once every yeare at least , and of later times by other lawes , once every second yeare . neither can the king of aragon hinder or adjourne this assembly above forty dayes at most , nor adjourne or dissolve it when met , but by the generall consent of all the court . and during the interregnum , when there is no king , the estates themselves have power to assemble and make lawes , not onely to binde themselves , but the succeeding king : as they may likewise doe in hungary ; where the u grand palatine ( elected by the estates of hungary alwayes in their parliament , not the king ) during the interregnum hath power to call a parliament or generall assembly of the states of hungary , to make obligatory lawes , as well to succeeding kings as to the kingdome . * hieronymus blanca recites this law of king iames of aragon , for altering their annuall into a bienniall parliament . cum in curiis , quas reges suis subditis celebrant , ea quae sunt ad conservationem pacis , ac justitiae , & statum pacificum regni , & regimen subditorum , & ad tuitionem & augmentum reipub : ordinent & disponant : nos jacobus dei gratia aragonum rex , licet jam per illustrissimum dominum regem petrum , recolendae memo●iae patrem nostrum , statutum fuisset in favorem aragonensium ; quod ipse & sui successores quolibet anno eis euriam celebraret in civitate caesar-augustae , quod etiam statutum fuit per dominum regem alfonsum clarae memoriae fratrem nos●rum , & per nos postmodum confirmatum . nunc vero attendentes ad communem utilitatem totius regni aragonum , quia loca ubi curiae celebrantur , propter congregationem gentium magnum suscipiant incrementum ; de voluntate & assensu praelatorum , religiosorum , baronum , mesnaderiorum , militum , & procuratorum civitatum , villarum , & villariorum aragonum , in hac curia congregatorum : statuimus , & perpetuo ordinamus , quod de caetero nos & successores nostri faciamus , & celebremus curiam generalem aragonum de biennio in biennium , in festo omnium sanctorum , in quacunque civitate , v●lla , vel villario aragonum , ubi nobis , & successoribus nostris melius fuerit visum expedire ; non obstantibus statuto & ordinationibus praelibatis . in aliis vero , privilegio generali aragonum , & foris per nos jam editis , in suo robore duraturis . et haec iuramus per nos & successores nostros perpetuo observare . et praelati & religiosi , qui in dicta curia erant , haec firmarunt , & barones , mesnadarii , milites , & procuratores civitatum , villarum , & villariorum similiter iurarunt . which law was afterwards somewhat altered , restraining these parliaments to some townes of great receit . and concerning the forme of their parliaments and their kings power to adjourne them , or not adjourne them , he writes thus . in comitiis respub : nostra quasi integrum quoddam fingitur corpus : cujus caput , censetur rex : truncus vero corporis , ac membra in eo locata , ipsi ordines ; iustitia autem aragonum , collum , quod utrumque conjungit , & corporis , & eapitis faucibus adhaerescit . ad nostra igitur comitia hi quatuor ordines evocandi sunt . evocantur autem singulatim per literas , quas apellamus , las cartas dellamamiento . in his a regibus proponitu● ratio consilii , quo ductus comitia habenda decreverit ; tum ipsorum comitiorum dicitur dies , ac opportunus designatur locus . de eujus mutatione , anfieri possit , ab eodem molino haec traduntur . si in aliquo loco sunt semel convocatae curiae generales , & inceptae , non potest illas mutare seu continuare dominus rex ad alium locum regni , nisi tota curia generali consentiente . et idem paulo post . tamen si curiae generales nondum sunt integre congregatae , seu inceptae ; tunc dominus rex , etiam sine curia potest illas mandare continuari ad alium locum sibi bene visum . et ista continuatio fiet per justitiam aragonum , seu ejus lo●um tenentem . quibus poterit dominus rex mandare , quod illas continuent ad locum domino regi bene visum . ius est autem ; ne comitia nostra ultra quadraginta dies possunt differri . * the estates and parliaments generall of france , under the kings of the second line , met and held but twice in the yeare only , according to the testimony of hincmarus archbishop of reimes , drawne from the narration of the abbot of corbie alard , who lived in the time of charlemayne ; under the reigne of king lewis , called sanctus , when france was in her flourishing estate , and the princes and lords were of souple nature , ranking with the termes of duty and obedience , the parliaments were ruled and assured at certaine seasons of the yeare . for in times of peace foure parliaments were holden yearely , or three at the least . and the same was used under the reigne of his sonne philip the hardy , third of the name . in the time of philip de bel. his sonne , king of france and navarre , they were reduced to two parliaments yearely according to the ancient custome ; one in winter , and the other in summer during peace ; and but one in winter during warre . ( it appeareth neverthelesse by the registers of the court , that by hinderance of warre against the rebellious flemmings , there was not any parliament during some yeares ; ) and the king by his ordinance , dated the munday after mid-lent , an. . ( set downe in the register of ancient orders of parliament , fol. . ) willed , that for the commodity of his subjects there should be every yeare two parliaments at paris , and in other provinces ; as andrew favin records : by which it is apparent , that parliaments in france , spaine , and other kingdomes , were not arbitrarily called at the kings free pleasures as seldome as they pleased , but frequently summoned every yeare , once , twice , or more , at certaine seasons , publike acts of parliament , for the better government of these realmes , redresse of grievances , and preservation of the peoples liberties against all royall encroachments on them . in germany , though diets and assemblies of the states be commonly made by the emperours , and in their names ; yet , we find that the princes electors , and estates have assembled , not onely without , but against the emperours consents , when they saw good cause ; and not onely questioned , but deposed their emperours , and elected new in their steads , of which there are sundry precedents in the lives of x ludovicus pius , henry the , , , , . frederickes barbarossa , charles the grosse , winceslaus , philip , otho the fourth , ludovicus bavarus , and others . in this regard therefore of forcing kings to summon parliaments ( so frequent with popish prelates , peeres , subjects , both in our owne and other realmes ) our present protestant parliament , and all others , since the reformation , have beene more moderate and dutifull , then those in times of popery heretofore ; or then the popish rebels in ireland are now ; y who have lately at kilkenny held a kinde of parliament , erected new lawes , and officers of iustice , enacted new lawes and ordinances , as well civill and criminall as martiall , and done as much herein without the kings assent or commission , as our king and parliament could doe , if conjoyned . fourthly , our popish barons , prelates and commons , have refused to meete in parliament when the king hath summoned them by his writ . z an. dom. . king henry the third summoned his earles and barons to appeare at a parliament at oxford , ( where the king now resides ; ) but they all joyntly sent him an expresse message that they would not come upon his summons , for that the kings person went guarded with poictovines , and other strangers , who swayed and miscounselled him ( as ill counsellors doe now the king ) so as they could not there appeare with safety : at which message the king grew very angry , resolving that they should be once , twice and thrice summoned to appeare : whereupon roger bacon , who usually preached before the king , freely told him , that if he did not remove from him peter bishop of winchestor , and peter de rivallis ( his malignant counsellors ) he could never be quiet : and roger bacon a clergy man also of a pleasant wit , seconding roberts advise , told the king , that petrae and rupes were most dangerous things at sea , alluding to the bishops name , petrus de rupibus . the king hereupon comming a little to himselfe , and taking that good advise of * schollers which he would not of his peeres , summons another parliament to be holden at westminster , giving the world to know withall , that his purpose was , to amend by their advise whatsoever was to be amended . but the barons considering , that still there arrived more and more strangers , men of warre , with horse and armes ( as now alas we see they doe ) and not trusting the peictovine faith ( as we have now cause to mistrust the perfidious papists , and malignant cavaliers ) and seeing no footsteps of peace ( our present condition ) refused to come at the appointed day ; sending the king word by solemne messengers , that he should without any delay remove peter bishop of winchester , and the other poictovines out of his court , which if he refu●ed , they all of them by the common consent of the whole kingdome , would drive him , with his wicked counsellors , out of the kingdome , and consult about creating a new king. these things thus acted , the king was much dejected in mind , and all his court too , hanging downe their heads , and fearing not a little , lest the errors of the sonne should become worse then the fathers errors , whom his subjects indeavouring to depose from his royall throne , almost detruded him to that name , which was given him by a certaine presage ; iohn the banished : wherefore he could easily have beene drawne to redeeme the love of his naturall liegemen , with the disgrace of a few strangers . but the bishop of winchester , with other his ill counsellors , and poictovine cavaliers , counselled him to take up armes against his rebellious subjects , as they stiled them , and to give their castles and lands to them , who would defend him and the kingdome of england from these traytors , ( the counsell now given to his majesty , by his ill counsellours and cavaliers : ) hereupon the king inclining to the worser part , raiseth an army of poictovine , & foraine souldiers , which came to him being sent for out of flanders , ( from whence the king now hath many old souldiers , and commanders sent him ) seiseth a manour of guilbert bassets , a noble man , given him by king iohn , calling him traytor when he demanded it ; sets downe a day , wherein all his lords he suspected should deliver him sufficient pledges of their loyalty ; and being at glocester with his army , ) whither the lords refused to come , being required , ( the king thereupon , as if they were traytors , burnes their manors , destroyes their parkes and ponds , besiegeth their castles , and without the judgement of his court , and of their peeres , denounceth them exiles and banished men , gives their lands to the poictovines , and adding griefe to griefe , wound to wound , commanded their bodies to be apprehended where ever they were within the kingdom : he likewise sends a defiance to the earle marshall , whose lands he had wasted , who thereupon understood himselfe discharged of that obligation by which he was tyed to the king , and free to make his defence ; whereupon , he seeing neither * faith , nor oath , nor peace to be kept by the king , or his ill counsellours , who contrary to their promise and oath , refused to deliver up his castle , which they promised to render to him , upon demand ; he raiseth a great army , and takes his castle . on this the king upon better consideration , did againe promise and affirme ; that by advise of his great councell , all that was amisse should be rectified and amended ; and at the day and place appointed , he holds a great conference with the lords ; but the evill counsellers he followed , suffered him not to make good his promise . for when divers there present , greatly in the kings favour , with sundry preachers and fryers , whom the king was wont to reverence and hearken to , humbly beseeched , and earnestly exhorted the king to make peace with his barons and nobles , and to embrace them with due affection , being his naturall subjects , whom without any judgement by their peeres he had banished , destroying their manours , woods , parkes , ponds ; and being led and seduced by evill counsels , lesse regarded his faithfull subjects , ( whose native blood would not permit them to bow downe ) than forainers ; and which is worse , called them traytors , by whom he ought to settle the peace , order the counsels , and dispose the affaires of his kingdome : the bishop of winchester ( offended it seemes at peeres ) takes the word out of the kings mouth , and answers ; that there are not peeres in england , as in the realme of france ; and that therefore the king of england , by such iusticiars as himselfe pleaseth to ordaine , may banish any offenders out of the realme , and by judiciall processe condemne them . which insolent speech the english bishops relished so harshly , that they presently with one voyce threatned to accurse and excommunicate by name the kings principall wicked counsellers ; of whom winchester being the foreman , appealed ; whereupon they accursed ( and i would our bishops would doe so now , if the god-dam-me cavaliers accurse not themselves sufficiently ) all such as alienated the heart of the king from his subjects , and all others that perturbed the peace of the realme ; and so the hoped accomodation vanished into greater discontents . hereupon the earle marshall and other lords with their forces , fell pell mell upon the kings army , slew divers of his forrainers ; and in conclusion drew him to such straits , that enforced him to be capable of better advise : then edmund arch-bishop of canterbury elect , with other suffragan bishops , bewailing the estate of the kingdome , presented themselves before the king at westminster , telling him as his loyall liegeman ( and o that some bishop or faithfull person , if there be any such about his majesty , would now deale thus clearely with him , touching his evill counsellors ! ) that the counsell of peter bishop of winchester , and his complices , which now he had and used , was not sound nor safe , but evill and dangerous to himselfe and his realme : first , for that they hated and despised the english , calling them traytors , turning the kings heart from the love of the people , and the hearts of the people from him , as in the earle marshall , whom ( being one of the worthiest men of the land ) by sowing false tales they drave into discontentment . secondly , that by the counsell of the said peter , his father king iohn , first lost the hearts of his people , then normandy , then other lands , and finally wasted all his treasure , and almost england also , and never after had quiet . thirdly , that if the subjects had now beene handled according to justice and law , & not by their ungodly counsels , these present troubles had not hapned , but the kings lands had remained undestroyed , his treasure unexhausted . fourthly , that the kings councell is not the councell of peace but of perturbation , because they that cannot raise themselves by peace , must raise themselves by the troubles & dis-inherison of others . fifthly , that they had the treasure , castles , wardships , and strength of the kingdome in their hands , which they insolently abused , to the great hazard of the whole estate , for that they made no conscience of an oath , law , justice , or the churches censures . therefore we , o king , speake of these things faithfully unto you , in the presence of god and man , and doe counsell , beseech and admonish you , to remove such a councell from about you ; and ( as it is the usage in other realmes ) governe yours by the faithfull and sworne children thereof . to which the king in briefe answered ; that he could not suddainely put off his councell , and therefore prayed a short respite . * nothing had hitherto preserved the king more , than that he could without griefe forgoe any favorites , if he were nearely pressed ; the contrary quality whereof hath beene the cause of finall desolation to so many princes . for though choyce of counsellers be for the most part free , yet by common intendment they should be good ; or how ever they are , or are not ; it is madnesse to hazard a crowne , or lose the love of a whole nation , rather than to relinquish or diminish a particular dependance , for which the publique must not be hazarded , nor subverted ; the king therefore , in this point not infortunate , commands bishop peter from his court , to keepe residence at his cure , without once medling in state affaires , removes all his evill counsellors , deprives them of their offices , and puts good men in their places , and commands all poictovians and foraine forces to depart the realme , receives all his nobles unto favour , restoring them to their lost offices , lands , castles , admits them into his court and councell ; puts all his ill counsellours , and delinquent officers to their legall trials and fines . and for peter rivales , his treasurer , he was so incensed against him for his ill counsell , that he sware he would plucke out his eyes , were it not for reverence of his holy orders . and at his arraignment at westminster the king sitting in person with his justices upon the bench , and shooting rivales through with an angry eye , spake thus to him . o thou traytor , by thy wicked advise , i was drawne to set my seale to those treacherous letters , for the destruction of the earle marshall , the contents whereof were to me unknowne ; and by thine and such like counsell , i banished my naturall subjects , and turned their mindes and hearts from me . by thy bad counsell and thy complices , i was moved to make warre upon them to my irreparable losse , and the dishonour of my realme , in which enterprise i wasted my treasure , and lost many worthy persons , together with much of my royall respect . therefore , i exact of thee an accompt , and thou shalt be carryed to the tower of london , to deliberate till i am satisfied . and thus were these civill warres and differences reconciled , ill counsellors removed , enormities reformed , delinquents punished , ( not without reducing store of coyne to the king ) and peace established in the kingdome . which history , i have more largely recited , because most of its passages are parallel to the kings , and his evill counsellors present proceedings , on the one hand , and to the parliaments in some sort , on the other hand in the premises ; and i doubt not but they will prove parallels in the conclusion , to the terrour and just punishment of all ill counsellors , cavalieres , and delinquents , the contentment of all good subjects joy , and re-establishment of our peace in truth and righteousnesse . to end the point proposed ; * anno dom. . king edward the second by his writ summoned a parliament at london ; but many of the lords refused to come , pretending causes and impediments , by which their absence might well be excused , and so this parliament tooke no effect , and nothing was done therein . in this particular then popish prelates , lords and commons , have exceeded protestants in this , or any other parliament . fifthly , popish parliaments , prelates , lords and subjects have by force of armes compelled their kings to grant and confirme their lawes , liberties , charters , priviledges , with their seales , oathes , proclamations , the popes buls , prelates excommunications ; and to passe , confirme , or repeale acts of parliament against their wils . thus the barons , prelates , and commons , by open warre and armes enforced both a king iohn , and king henry the third , to confirme magna charta , and charta de foresta ( both in and out of parliament ) sundry times with their hands , seales , oathes , proclamations , and their bishops excommunications , taking a solemne oath one after another at saint edmonds , upon the high altar , . that if king john should refuse to grant these lawes and liberties , they would wage warre against him so long , and withdraw themselves from their allegiance to him , untill he should confirme to them by a charter ratified with his scale , all things which they required : and that if the king should afterwards peradventure recede from his owne oath , as they verily beleeved he would , by reason of his double dealing , they would forthwith , by seizing on his castles , compell him to give satisfaction ; which they accordingly performed , as our histories at large relate . yea , when they had enforced king b iohn thus to ratifie these charters , for the better maintenance of them , they elected . barons to be the conservators of their priviledges , who by the kings appointment ( though much against his liking , as afterwards appeared ) tooke an oath upon their soules , that with all diligence they would observe these charters , & regem cogerent ; and would compell the king , if he should chance to repent , to observe them ; all the rest of the lords and barons , then likewise taking another oath , to obey the commands of the . barons . after this c anno dom. . king henry the third summoned a parliament at oxford , whither the lords came armed with great troopes of men for feare of the poictovines , to prevent treachery and civill warres , and the kings bringing in of foraine force , against his naturall subjects ; to which end they caused the sea-ports to be shut up , and guarded . the parliament being begun , the lords propounded sundry articles to the king , which they had immutably resolved on , to which they required his assent . the chiefe points whereof were these : that the king should firmely keepe and conserve the charter and liberties of england , which king john his father made , granted , and ratified with an oath , and which himselfe had so often granted , and sworn to maintaine inviolable , and caused all the infringers of it , to be horribly excommunicated by all the bishops of england , in his owne presence , and of all his barons ; and himselfe was one of the excommunicators . that such a one should be made their chiefe iustice , who would judge according to right , without respect to poore or rich . with other things concerning the kingdome , to the common utility , peace , and honour of the king and kingdome . to these their necessary counsels and provisions , they did frequently , and most constantly , by way of advice , desire the king to condescend , swearing and giving their mutuall faith and hands one to another ; that they would not desist to prosecute their purpose , neither for losse of money or lands , nor love , nor hate ; no nor yet for life or death of them or theirs ; till they had cleared england ( to which they and their forefathers were borne ) from upstarts and aliens , and procured laudable lawes . the king hearing this , and that they came exquisitely armed that so he and his aliens might be enforced , if they would not willingly assent , tooke his corporall oath ( and his sonne prince edward also ) that he would submit to their counsels , and all those their ordinances , for feare of perpetuall imprisonment ; the lords having by an edict , threatned death to all that resisted : which done , all the peeres and prelates took their oath ; to be faithfull to this their ordinance ; and made all who would abide in the kingdome , to swear they would stand to the triall of their peeres ; the arch-bishops and bishops solemnely accursing all that should rebell against it . and richard king of romans , the kings younger brother comming soone after into england to visit the king and his own lands , the d barons enforced him ( according to his promise sent them in writing before his arrivall ) to take this oath , as soone as he landed , in the chapter-house at canterbury . hear all men that i richard earle of cornewal , swear upon the holy gospels , to be faithfull and forward to reforme with you the kingdome of england , hitherto by the counsell of wicked men so much deformed . and i will be an effectuall coadjutor to expell the rebels and troublers of the realm from out of the same . this oath will i observe under paine to forfeit all my lands i have in england . to such a high straine as this , did these popish parliaments , prelates , peeres , and commons scrue up their jurisdictions , to preserve themselves and the kingdome from slavery and desolation ; whom matthew paris his continuer , for this service stiles , e angliae reipublicae zelatores : the zelots of the english republicke . neither is this their example singular , but backed with other precedents . in the second and third yeares of king edward the second , f piers gaves●on his great , proud , insolent , covetous , unworthy favorite , miscounselling and seducing the young king , ( from whom he had been banished by his father ) & swaying all things at his pleasure , the peers and nobles of the realme , seeing themselves contemned , and that foraine upstart preferred before them all , came to the king , and humbly entreated him , that he would manage the affaires of his kingdome , by the counsels of his barons , by whom he might not onely become more cautious , but more safe from incumbent dangers ; the king voce tenus , consented to them , and at their instance summoned a parliament at london , to which he commanded all that ought to be present , to repaire . where , upon serious debate , they earnestly demanded of the king , free liberty for the barons to compose certaine articles profitable to himselfe , to his kingdome , and to the church of england : the king imagining that they would order piers to be banished , a long time denied to grant their demand , but at last , at the importunate instance of them all , he gave his assent , and swore he would ratifie , and observe what ever the nobles should ordaine : the articles being drawne up , and agreed by common consent , they propounded them to the king ; and by their importunity , much against his well-liking , caused him to ratifie them with his seale , and to take his corporall oath , to observe them : which done , the arch-bishop of canterbury with his suffragans , solemnely denounced a sentence of excommunication against al who should contradict these articles ; which they caused to be openly read in pauls church london , in the presence of the prelates , lords and commons of the whole kingdom , the king being present ; among which articles they demanded ; that magna charta , with other provisions necessary to the church and realme , should be observed , that the king as his father had commanded , should thrust al strangers out of his court and kingdome , and remove ill counsellours from him : that he would thenceforth order all the affaires of the kingdome by the counsel of the clergy and lords ; and begin no war , nor depart any where out of the kingdome without common consent . the king consented to the articles , and banished piers into ireland . no * sooner was the parliament dissolved , but the king neglecting his fathers solemne adjurations , together with his owne oath , never to reduce piers , sends for him back to his court , marrieth him to the countesse of glocester , his owne sisters daughter , sheweth him more favour then ever ; resolving with himselfe to retaine this gaveston , mangre all his earles , barons , and for the love of him , to put his crowne and life in perill , when time should serve : in which , whether the king or his favourite shewed lesse discretion , it is not at the first easily determined ; it being as unsafe for the one with so offensive behavior to affect immoderate shew and use of grace , as for the other , to the injury of his name and realme , to bestow the same . but upon the queenes complaint to the king of france her brother , of piers his insolence and prodigality , and on the barons message to the king by common consent ; that he should banish piers from his company , and observe the effect of the foresaid articles , or else they would certainly rise up against him as a perjured person by a like vow ( which speech seemed hard to the king , because he knew not how to want piers , but yet discerned that more danger would spring up if he obeyed not the lords petition ; ) piers rather by the kings permission , then good liking , did the third time abjure the realme with this proviso ; that if at any time afterward he were taken in england , he should be forthwith put to death as a perilous enemy to the kingdome : yet he returning in christmas to the king at yorke , the lords spirituall and temporall , to preserve the liberties of the church , the kingdom , and remove this viper , elected tho. earle of lancaster for their generall , and sent honorable messengers to the king , requesting him , to deliver piersinto their hands , or drive him from his company out of england , as being perswaded , while that king-bane breathed , peace could never be maintained in the realme , nor the king abound intreasure , nor the queene enjoy his love . but the wilfull king would not condescend . whereupon the lords thus contemned and deluded , presently raise an army , and march with all speed towards newcastle , not to offer injury , or molestation to the king , writes walsingham , ( the case and purpose of the pre●ent parliaments army ) but that they might apprehend piers himselfe , and judge him according to the laws enacted . which when the king heard , he fled together with piers to tynemouth , and from thence to scarborough castle . where piers was forced to yeeld himselfe , upon condition to speake but once more with the king . and then carried to warwick castle , where he had his head strucke off , at the command , and in the presence of the earles of lancaster , warwicke , and hereford ; as one who had beene a subverter of the lawes , and an open traytor to the kingdome , and that without any judiciall proceedings or triall of his peeres , though an earle , and so deare a favorite of the kings . which bred a lasting hatred betweene the king and his nobles : who being afterwards charged by the king in parliament with their contempt against him , in the spoiles committed by them at newcastle , and wickedly killing piers : they stoutly answered , that they had not offended in any point , but deserved his royall favour , for that they had not gathered force against him , but against the publike enemy of the realme : and then obtained an act of pardon that no man should be questioned for gavestons returne or death , printed in old g magna charta . not long after , this unfortunate king doting upon the two h spencers as much as ever he did on gaves●on , to whom they succeeded , not onely in pride , rapine , oppression and intolerable in●olencies , but even in height of familiarity and power with the king. so as they ruled and lead the king as they pleased , in so much that no earle , baron , or bishop was able to dispatch any thing in court without their advise and favour , which made them generally envied of all , because they domineered over all . the lords and barons hereupon , confederated together to live and die for justice , and to their power to destroy the traytors of the realme , especially the two spencers : and meeting together with their forces at shirborne , thomas of lancaster being their captaine ; they tooke an oath to prosecute their designe to the division of soule and body : then they spoyled these spencers and their friends goods , take their castles by violence , waste their manors through malice , slay their servants , utterly omitting the usuall wayes of law and equity , and following the impetuousnesse of their minds they march on to saint albons with ensignes displayed , and sent solemne messengers to the king then at london , commanding him , not onely to rid his court , but kingdome too , of the traytors of the realme , the spencers , condemned in many articles ( which they had framed against them ) by the commonalty of the realme , if he loved the peace of the kingdome . and they further required the king to grant letters patents of indempnity , to themselves and all such as had bore armes in their company , that they should not be punished by the king or any other for their forepast or present transgressions . the king denyed both these demands at first , as unjust and illegall ; swearing , that he would not violate his coronation oath , in granting such a pardon to contemptuous delinquents . whereupon running to their armes , they marched up to london , entred the city , and to avoyd danger , the king ( through the queenes and others mediation ) condescended to their desires , passing an act for the spencers banishment , and the barons indemnities ; which you may reade in ancient h magna chartaes . upon this the barons departed , neither merry nor secure , despairing of the kings benevolence ; which made them goe alwayes armed , and to retire to safe places . the king soone after , recalling the spencers , reversed the sentence against them as erroneous , gathers an army , encounters and defeates the barons , and puts many of them to death by these spencers procurements ; who not content with their bloud , procured also the confiscation of their goods and inheritances : whereupon getting into greater favour and power then before , puffed up with their good successe and new honours , they discontented not onely the nobles , but queene too ; who going over into france with her sonne , the prince , ( whose lives these favorites attempted ) she raised an army beyond the seas , and returning with it into england , most of the lords and commons resorted to her , and fell off from the king : who being destitute of friends and meanes , demanded assistance of the city of london , whose answer was ; that they would honour with all duty the king , the queene and prince , but would shut their gates against foreiners and traytors to the realme , and with all their power withstand them . and under the name of iohn of eltham the kings second sonne , whom they proclaimed custos of the city & of the land , they got the tower of london into their possession , placing and displacing the garrison and officers therein as they pleased . the king hereupon ( after he had commanded all men to destroy , and kill the queenes partakers , none excepted but her selfe , her sonne , and the earle of kent , and that none upon paine of death , and losse of all that they might lose , should aide or assist them , and that he should have a . l. who did bring the lord mortimers head ) f●ies to bristol , in the castle whereof the elder spen●er was taken by the queenes forces , and without any formall tryall , cruelly cut up alive , and quartered ; being first at the clamours of the people , 〈◊〉 and hanged in his proper armour upon the common gallowes without the city : after which the king forsaken of all his subjects flies into wales for shelter , where he was taken prisoner , and then by his lords and parliament forced to resigne his crowne to his son , confessing , that for his many sins he was fallen into this calamity , and therefore ●ad the lesse cause to take it grievously : that he much sorrowed for this ; that the people of the kingdome were so exasperated against him , that they should utterly abharre his any longer rule and soveraignty , and therefore he besought all there present to forgive and spare him being so afflicted : soone after he was murthered in ba●kly castle : and so the sicknesse , and wounds which the common-wealth sustained by his ill raigne , upon the change of her physitian , recovered not onely health and strength , but beauty also and ornament , writes iohn speed. after all this i king richard the second in the ninth yeare of his reigne summoned a parliament , wherein michael de la pole earle of suffolke , for cheating the king was put from his lord chancellorship of england by the parliament , and the seal● taken from him against the kings will , and given to thomas arundell bishop of ely ; whereupon both the houses gave halfe a tenth and halfe a fifteene , to be disposed of as the lords thought fit , for the defence of the realme . the parliament was no sooner dissolved , but the king recals de la pole and other ill counsellors to the court , shewing them greater favour then before : in so much that at christmas , the king made de la pole sit at his owne table , not in the usuall garment of a peere , but of a prince , out of a stomacke and hatred against the peeres , whom from thenceforth be never regarded but feiuedly , and then fals to plot the death of the duke of glocester and other nobles , who opposed his ill counsellors ; for which purpose he appoints a meeting at nottingham castle , with a few persons generally ill-beloved , ill-adwised , and ill-provided . the course agreed upon by the king and that ill-chosen senate was , first , to have the opinion of all the chiefe lawyers ; ( who saith speed , seldome faile princes in such turnes ) concerning certaine articles of treason , within whose nets they presumed the reforming lords were ; and if the lawyers concluded those articles contained treasonable matters , then umder a shew of justice they should be proceeded against accordingly . the lawyers ( who were the very men , which in the last parliament , gave advice to the lords to do as they did ) now meeting were demanded : whether by the law of the land , the king might not disanull the decrees of the last parliament ? they joyntly answered , he might , because he was above the lawes ; ( a most apparent errour ) confessing ; that themselves had in that parliament decreed many things , and given their judgement , that all was according to law , which they acknowledged to be altogether unlawfull . the king thus informed , appointeth a great councell at nottingham , and withall sends for the sheriffes of shires , to raise forces against the lords ; who denyed , saying , that they could not raise any competent forces or armes against them , the whole counties were so addicted to their favours ; and being further willed ; to suffer no knights to be chosen for their shires , but such as the king and his councell should name ; they answered ; that the election belonged to the commons , who favored the lords in all , and would keepe their usuall customes ; ( a good precedent for our present sheriffes ) whereupon they were dismissed . then were the lawyers and judges ( robert trefilian and his companions ) called before the king , to determine the judgements of treasons against the lords to be legall and to set their seales thereto , which they did : meane time the king and duke of ireland , sent messengers to hire what forces they could , that they might stand with them if need were against the lords in the day of battle : * many of which answered , that they neither could nor would stand against the lords , whom they knew for certaine intimately to love the king , and to endevour all things , study all things , doe all things for his honour : yet many out of simplicity , thinking themselves to be hired , promised to be ready upon the kings notice : the lords hearing of these proceedings were much sadded ; being conscious to themselves of no guilt worthy the kings so great indignation . the duke of glocester sent his purgation upon oath by the bishop of london , to the king ; who inclining to credit the same , was in an evill houre diverted by de la pole. the duke hereupon makes his and their common danger knowne to the rest of the lords : upon which they severally gather forces , that they might present their griefes to the king ; how he favoured traytors , not onely to them , but to the publique , to the imminent danger of the realme , unlesse it were speedily prevented . the king on the other side ( by trayterous counsellours advise ) sought how to take them off single , before they were united : but in vaine , by reason their party was so great . meane time , some peaceable men procured , that the lords should repaire safe to westminster , and there be heard . thither approaching , they are advertised by some , ( who had sworne on the kings behalfe for good dealing to be used during the interim ) that in the mewes by charing-crosse , a thousand armed men ( which without the kings privity sir thomas trivet , and sir nicholas brambre knights , were reported to have laid for their destruction ) attended in ambush . the king sweares his innocency , promising safe conduct to the lords if they would come ; who thereupon came strongly guarded , and would trust no longer . the king sitting in royall state in westminster hall ; the lords present themselves upon their knees before him : and being required by the lord chancellor ; why they were in warlike manner assembled at haring gye parke , contrary to the lawes ? their joynt answer was : that they were assembled for the good of the king and kingdome , and to weed from about him , such traytors as he continually held with him ; the traytors they named to be - robert de vere , duke of ireland ; alexander nevill , arch-bishop of yorke ; michael de la pole , earle of suffolke ; sir robert tr●silian , that false justiciar ; sir nicholas brambre , that false knight of london , with others : to prove them such , they threw downe their gloves , as gages of challenge for a triall by the sword. the king hereupon replyed , as knowing they were all hidden out of the way ; this shall not be done so , but at the n●xt parliament ( which shall be the morrow after candlemas ) all parties shall receive according as they deserve . and now to you my lords ; how or by what authority durst you presume to levy forces against me in this land ? did you thinke to have terrified mee by such your presumption ? have not i men and armes , who ( if it pleased me ) could environ and kill you like sheepe ? certainely in this respect i esteeme of you all no more than of the basest scullions in my kitchins . having used these , and many like high words , he tooke up his unckle the duke from the ground , where he kneeled , and bade all the other rise . the rest of the conference was calme , and the whole deferred till the next parliament , then shortly to be holden at westminster . in the meane time ( that the world might see , how little able the king was to equall his words with deeds ) a proclamation was set forth , in which the king ( before any tryall ) cleareth the lords of treason , names tho●e persons for unjust accusers , whom the lords had before nominated . the lords neverthelesse thought not good to sever themselves , but kept together for feare of the worst ; which fell out for their advantage : for the duke of ireland ( with the kings privity , such was his false dissimulation ) had gathered a power in wales , and cheshire : which they intercepting neare burford and bablecke , slew sir william molineux , leader of the cheshire men , and made the duke to flye in great feare . among the dukes carriages was found ( as the devill , or rather god would have it ) certaine letters of the kings to the said duke , by which their counsels were plainely discovered . the lords hereupon march with speed up to london , having an army of forty thousand men , the lord mayor and city doubtfull whether to displease the king or lords , upon consultation receive the lords into the city , and supply their army with provisions in the suburbs ; which the king hearing of , seemed to slight them , saying ; * let them lye here till they have spent all their goods , and then they will returne poore and empty to their houses , and then i shall speake with and judge them one after another , the lords hearing this , were exceedingly moved , and swore , they would never remove thence , till they had spoken with him face to face . and forthwith sent some to guard the thames , lest the king should slip out of their hands , and then scoffe at them . the king being then in the tower , and seeing himselfe every way encompassed , sent a message to the lords , that he would treat with them ; who thereupon desired him , that he would come the next day to westminster , where they would declare their desire to him : the king replyed , that he would not treat with them at westminster , but in the tower. to which the lords answered , that it was a suspicious place , because traines might there be laid for them , and dangers prepared to destroy them ; whereupon the king sent word , they should send thither two hundred men or more , to search and view all places , lest any fraud should lye hid . upon which the lords repaired to the tower , and in the kings bed-chamber , laid open to him briefly , all his conspiracy , in causing them indirectly to be indicted ; they object to him his mutability , and underhand working , producing his owne letters to the duke of ireland , to raise an army to destroy them ; together with the french packets they had intercepted ; whereby it appeared he had secretly practised to flye with the duke of ireland into france , to deliver up callice to the french kings possession , and such pieces as the crowne of england held in those parts ; whereby his honour might diminish , his strength decay , and his fame perish . the king seeing this , knew not what to doe , especially because he knew himselfe notably depressed . at last craving leave , they left him confounded and shedding teares , yet upon condition , that he should come to westminster the next day , where hee should heare more , and treate of the necessary affaires of the kingdome ; which he promised to doe , retaining the earle of darby , to sup with him . but before he went to bed ( o the ficklenesse of weake princes , and faithlessenesse of their royall words and protestations ! ) some whisperers telling him , that it was not decent , safe , nor honourable for the king to goe thither , he changed his resolution . the nobles hearing this , were very sad , and discontented , and thereupon sent him word , that if he came not quickely according to appointment , they would chuse them another king , who both would and should obey the counsell of his peeres . the king strucke with this dart , came the next day to westminster , there attending his nobles pleasures . to whom ( after few discourses ) the nobles said ; that for his honour , and the benefit of his kingdome , all traytors , whisperers , flatterers , evill instruments , slanderers , and unprofitable persons should be banished out of his court and company , and others substituted in their places , who both knew how , and would serve him more honourably and faithfully . which when the king had granted ( though with sorrow ) they thought fit that alexander nevill archbishop of yorke , iohn fordham , bishop of durham , with sundry other lords , knights , and clergy men should be removed and kept in strait prison , to answer such accusations as should be objected against them the next parliament . whereupon they were apprehended forthwith and removed from the court : after the feast of purification , the parliament ( much against the kings will , who would have shifted it off at that time ) began at london . the first day of the session , fulthorpe , and all the rest of the judges were arrested , as they sate in judgement on the bench ; and most of them sent to the tower : for that having first over-ruled the lords with their counsels and direction , which they assured them to be according to law , they afterward at nottingham , gave contrary judgement to what themselves had determined formerly . tresilian the chiefe justice prevented them by flight , but being apprehended and brought backe to the parliament in the forenoone , had sentence to be drawne to tiburne in the afternoone , and there to have his throate cut , which was done accordingly . the king seeing these proceedings , by advise of his ill counsellors , * absented himselfe from his parliament , and sent michael de la pole then lord chancellor , to demand foure fifteenes in his name , of the commons , for that without lesse he could not maintaine his estate and outward warre . to which the body of the parliament made answer ; that without the king were present , they would make therein no answer ; and that unlesse the king would remove him from his chancellorship , they would no further meddle with any act this parliament . the king upon this sent to the commons , that they should send to eltham , ( where he then lay , ) . of the wisest and best learned of the commons , who in the name of the whole house should declare unto him their minde , upon which message the house were in more feare then before ; for there went a talke , that the king intended to betray divers of them , which followed not his minde , either that way , or at a banquet appointed to be made purposely at london , if nicholas exton the mayor of london would have consented thereunto ; at which time the duke of glocester should have beene taken . wherefore the lords and commons assembled together , agreed with one assent , that the duke of glocester , and bishop of ely , should in the name of the whole parliament be sent to the king to eltham ; which was done , and the king well pleased that they should come . when they came into his presence they most humbly saluted him , and said . most high and redoubted soveraig●e lord , the lords and commons of this your parliament assembled , with most humble subjection unto your most royall majesty , desire your most gracious favour ; so that they may live in tranquillity and peace under you , to the pleasure of god and wealth of the realme . on whose behalfe we also shew unto you , that one old statute and landable custome is approved , which no man can deny ; that the king our soveraigne lord may once in the yeare lawfully summon his high court of parliament , and call the lords and commons thereunto , as to that which is the highest court of this realme : in which court all equity and justice must shine , even as the sunne when it is at the highest , whereof poore and rich may take refreshing : where also must be reformed all the oppressions , wrongs , exactions and enormities within the realme , and there to consult with the wise men for the maintenance of the kings estate . and if it might be knowne that any persons within the realme or without intended the contrary , there also must be devised how such evill weeds might be destroyed . there also must be studyed and soreseene , that if any charge doe come upon the king and his realme , how it may be well and honourably supported and sustained . hitherto it is thought by the whole realme , that your subjects have lovingly demeaned themselves to you , in ayding you with substance to the best of their powers ; and they desire to have knowledge , how and by whom these goods be spent . one thing resteth yet to declare in their behalfe unto you : * how that by an old ordinance , they have an act , if the king absent himselfe forty dayes not being sicke , but of his owne minde ( not heeding the charges of his people , nor their great paines ) will not resort to his parliament ; they then may lawfully returne home to their houses : and now sir , you have beene absent a longer time , and yet refuse to come amongst us ; which greatly is our discomfort : ( and our parliaments present case . ) to this the king answered by these words : well , we doe consider that the people and commons goe to rise against us ; wherefore we thinke we can doe no better than to aske ayde of our cosin the french king , and rather submit us to him , than to our owne subjects . the lords answered : sir , that counsell is not best , but a way rather to bring you into danger . for it is well knowne , that the french king is your ancient enemy , and your greatest adversary : and if he set foot once within your realme , he will rather dispoyle you , invade you , and depose you from your estate royall , than put any hand to helpe you , &c. and as that king cannot be poore that hath rich people ; so cannot he be rich that hath poore commons . and all these inconveniences be come by the evill counsell which are about you . and if you put not your helping hand to the redresse of the premises , this realme of england shall be brought to nought and utter ruine , which clearely shou'd be laid to your default , and in your evill counsell : seeing that in the time of your father , this realme throughout all the world was highly esteemed , and nothing ordered after these wayes . wherefore we be sent unto you to exhort you to sequester all such persons as might be the occasion of ruine either of you or else of your realme . by these good perswasions the king was appeased , and promised within three dayes after to come to the parliament , and to condescend to their petitions ; and according to his appointment he came . where soone after iohn fordham bishop of durham , was discharged of the treasurourship , and the bishop of hereford set in his place ; * de la pole was put from his chancellourship for dive scrimes , frauds , briberies and treasons , by him committed , to the prejudice of the king and his realme , committed to the tower , and fined twenty thousand markes to the king , in relieving of the commons : divers other judges , knights , & delinquents of all sorts were condemned , & executed , others banished and their states confiscated ; others put out of offce by this parliament , as you may read in our histories , and in the k statutes at large : in which statutes the mischievous effects of these evill counsellors to king , kingdome , and people are at full related , whereby the king and all his realme were very nigh to have beene wholly undone and destroyed : the lords raising of forces against them resolved to be lawfull ; and these traytorous delinquents made uncapable of any pard●n ; l and their raising of armes against the parliament and kingdome , ( though with the kings owne consent and his command ) declared and enacted to be high treason . these proceedings ratified and assented to in parliament by the king , much against his will , wrought an intolerable secret hatred and desire of revenge in his heart against the lords , which for want of power he concealed neare ten yeares space ; but in the twentyeth yeare of his reigne , being somewhat elevated in his spirit with a rumour that he should be elected emperour ; he suddenly apprehended the duke of glocester , the earles of warwicke and arundell ( the chiefe sticklers in the premises ) committing them to severall prisons : and to blinde the peoples eyes , lest they should rise up in armes to rescue these lords ; the king sent out a seigned proclamation , ( which he caused to be proclaimed throughout the realme ) that these lords were apprehended only for new treasons committed against him , for which he would prosecute them in the next parliament , and not for the old trespasses : after which he proclaimes those lords traytors . which done he summoned a m parliament at westminster , to this parliament the king commanded to come all such as he had best confidence in , omitting the rest ; and the knights were not elected by the commons , as custome required they should be , but by the kings pleasure ; yea , he put out divers persons elected , and put in other in their places to serve his turne ; which was one article objected against him when he was deposed . against the time of this parliament , the king received a guard of . archers , all cheshire men , as if he would have gone in battle against enemies , so that divers came armed to the parliament out of feare . these cheshire men were rude and beastly people , and so proud of the kings favour , n that they accounted the king to be their fellow , and set the lords at nought , though few of them were gentlemen , but taken from the plough and other trades . after these rusticall people had a while courted , they grew so bold , that they would not let neither within the court nor without to beat and slay the kings good subject , ( as the cavaliers doe now ) and to take from them their victuals at their pleasure , paying little or nothing for them , and to ravish their wives and daughters : and if any man presumed to complaine to the king of them , he was soone rid out of the way , no man knew why , nor by whom , so that in effect they did what they listed . in this parliament the king having made the speaker , and a great part of mercinary , proud , ambitious men of the commons house to be of his side , to act what he required them ; he then prevailed likewise with the upper house , first with the prelates , then with the lords , more out of feare of him , then any reason ; by meanes whereof the commission , charters of pardon , and acts made in parliament in the . and . yeares of his reigne were quite revoked and declared voyd in law , as being done without authority and against the will and liberty of the king and of his crowne : and withall they declared the iudges opinions for which they were condemned in that parliament , to be good and lawfull , and attainted the said imprisoned lords of high treason , and confiscated their lands . the two earles hereupon were beheaded , and the duke ( by reason of his popularity ) sent over to callice , and there by hall and others smot●ered , onely for their former actions ; which done , the king adjourned the parliament to shrewsbury where he subtilly procured an o act to passe by common consent , that the power of the parliament should remaine in seven or eight persons , who ( after the parliament dissolved ) should determine certaine petitions delivered that parliament , and not dispatched . by colour whereof , p those committees proceeded to other things generally touching the parliament , and that by the kings appointment , in derogation of the state of the parliament , the discommodity and pernicious example of the whole realme : and by colour and authority hereof , the king caused the parliament rols to be altered and defaced , against the effect of the foresaid grant . after which he much vexed and oppressed his people with divers forced loanes , oathes , impositions , and oppressing projects to raise money , seeking to trample them under his feet , and destroy the realme , and tooke all the jewels of the crown with him into ireland , without the kingdomes consent . which rendered him so odious to his people , that henry duke of lancaster , landing in england , the whole kingdome came flocking to his ayde , so that he had an army of . men in a short time ; who vowed to prosecute the kings ill counsellours . whereupon king richard returning out of ireland , hearing of the dukes great army assembled against him , and knowing that they would rather dye than yeeld , out of their hatred , and feare of him , he dismissed his courtiers , hiding obsurely in corners till he was apprehended , and by a parliament summoned in his name ( though against his will ) judicially deposed for his misgovernment . among the articles exhibited against him in parliament for his evill government , for which he was by sentence dethroned , these are remarkable . first , * that hee wastfully spent the treasure of the realme , and had given the possessions of the crowne to men unworthy , by reason whereof daily new charges more and more , were laid on the neckes of the poore commonalty . and when divers lords were appointed by the high court of parliament to commune and treate of divers matters concerning the common-wealth of the same , which being busie about those commissions , he with other of his affinity , went about to impeach them of high treason , and by force and threatning , compelled the iustices of the realme at shrewesbury , to condescend to his opinion , for the destruction of the said lords ; in somuch that hee began to raise warre against john duke of lancaster , thomas earle of arundell , richard earle of warwicke , and other lords , contrary to his honour and promise . item , he assembled certaine lancashire and cheshire men , to the intent to make warre on the foresaid lords ; and suffered them to rob and pillage without correction or reproofe . item , although the king ftatteringly , and with great dissimulation made proclamation throughout the realme , that the lords before named , were not attached for any crime of treason , but onely for extortions and oppressions done in the realme , yet he laid to them in the parliament , rebellion and manifest treason . item , he hath compelled divers of the said lords servants and friends , by menace and extreame paines , to make great fines to their utter undoing . and notwithstanding his pardon to them granted , yet he made them fine of new . item , that he put out divers * sheriffes lawfully elected , and put in their roomes , divers of his owne minions , subverting the law , contrary to his oath and honour . item , for to serve his purpose , he would suffer the sheriffes of the shire to remaine above one yeare or two . item , he borrowed great sums of money , and bound him under his letters patents for repayment of the same , and yet not one penny paid . item , he taxed men at the will of him and his unhappy counsell , and the same treasure spent in folly , not paying poore men for their victuall and viand . item , he said , that the lawes of the realme were in his head , and sometime in his brest , by reason of which phantasticall opinion , he destroyed noble men , and impoverished the commons . item , the parliament setling and exacting divers notable statutes for the profit and advancement of the commonwealth , he by his private friends and solicitors , caused to be enacted ; * that no act then enacted should be more prejudi●iall to him , than it was to any of his predecessors , though with proviso he did often as he listed , and not as the law meant . item , that he at his going into ireland , exacted many notable summes of money , besides plate and iewels , without law or custome , contrary to his oath taken at his coronation . item , that without the assent of the nobility , he carried the iewels , plate , and treasure of the kingdome over the sea into ireland , to the great impoverishing of the realme . and all the good records for the common-wealth , and against his extortions , he privily caused to be imbezeled and conveyed away . item , when divers lords and iustices were sworne to say the truth for divers things to them committed in charge both for the honour of the realme , and profit of the king , the said king so menaced them with sore threatnings , that no man would , or durst say the right . item , he most tyrannically and unprincely said , that the lives and goods of all his subjects were in the princes hands , and at his disposing . item , he craftily devised certaine privie oathes , contrary to the law , and caused divers of his subjects , first to be sworne to observe the same , and after bound them in bonds for the firmer keeping of the same , to the great undoing of many honest men . which how parallel they are to the late and present court practises , and doctrines of our times , let wise men determine . the king being thus judicially dethroned in parliament , henry the fourth by the same parliament , ( which continued notwithstanding richards deposition who summoned it ) was created king , who in the q first parliament of his raigne , reversed , and annulled as illegall , the parliament of richard . with all its acts , circumstances and dependants ; and revived that of richard . in all points , as made for the great honour , and common profit of this realme . to these i might adde the r rebellious insurrections of richard scroope , arch-bishop of yorke , the earle of northumberland , and their complices , against king henry the fourth , anno . to reforme the state and government , relieve the church and common-weale , and depose king henry in and by a forced parliament . the s insurrection of the popish nobles against king stephen , for violating his oath , touching forests , and other immunities of church and common-wealth , which they would force him to confirme ; the severall t insurrections of jacke cade , jacke straw , wat tyler , and their popish v●lgar rabble , to force their king to call parliaments , to alter and repeale old lawes , enact new , displace offensive great officers , promote new on●es of their nomination , to ratifie what propositions they required , and subvert the government of the realme : with the u severall rebellions of the popish lincolneshire and yorke-shire men , under doctor mackarell , a monke , and some men of quality in henry the eighth his raigne ; of the cornish men , norfolke men , kent , and others in edward the sixth his rule ; of the popish earles of northumberland , westmorland , and other northerne papists in queene elizabeths dayes , by force of armes to compell these severall princes to summon parliaments to rep●ale all lawes against masse and popery , and for the establishment of the protestant religion , with other acts concerning the government of the common-wealth , to enact divers new lawes and propositions , which they demanded , to remove great officers and privie counsellors from their places , and the like . all which transcend the acts and proceedings of this or any other our protestant parliaments or subjects , being done without any preceding order or resolution of both houses , representing the whole kingdome , and against the generall consent of the people . but i shall conclude with one ancient precedent more , in one of our best kings reignes , in e. . x the lords and commons in parliament grievo●sly complained and petitioned to the king●against divers taxes , tallages , and prisages wherewith they were oppressed by him , to the great impoverishing of the realme ; against the violation of magna charta , the charter of the forest , the imposition upon wools , and their summons to goe with him into flanders , to which they were not bound by law. the king excusing these taxes , by reason of his necessity to maintaine the warres , and giving them a dilatory answer : the earle marshall , and hereford withdrew themselves from parliament , and with their complices , commanded the barons of the eschequer not to ●evie the eighth penny of the people , granted to the king at saint edmonds ; and induced the citizens of london to joyne with them to recover their liberties . whereupon the king sending to them for peace , they would condescend to no peace but on these termes ; that the king should confirme magna charta , and charta de foresta , with the other articles to them annexed ; that he should exact and take ●o ●o aides , taxe , or tallage from the clergy or commons without their commo● consent in parliament , and that he should remit all offences to these earles , and their confederates , all which the king ratified by his y charter at large , by his oath , and by a solemne excommunication of the bishops twice every yeare , of all those who should transgresse this charter of his ; for which the laity gave him the ninth , and the clergy the tenth penny of their goods . and because this confirmation was made in scotland , the kings , and divers others promised for him , that he should confirme it when he came into england , which they pressing him to doe in a parliament at london , in the . yeare of his reign ; after some delaies , he ratified it with this addition in the close ; saving the right of our crowne , which when the lords heard , they departed home in great discontent ; but the king re-summoning them at quindena pasche , granted all things absolutely according to their desire , committing the per-ambulation of the forests throughout england to three bishops , three earles , and three barons , to settle their bounds according to god and justice : which not being speedily executed , but neglected ( the king having purchased a dispensation of his oath , wherewith he had ratified his foresaid charter , from the pope ) hereupon the king holding a parliament at stamford , the . of his reigne , the lords and barons repaired thither with great store of horses and arms , with a purpose to extort a full execution of the charter of the forests hitherto deferred : upon which the king , considering their earnestnesse and importunity , condescended to their will in all things . sixthly , parliaments , lords and prelates , in former times have affirmed ; that when a parliament was once met together by lawfull summons , it might not be dissolved or discontinued againe at the kings meere pleasure , till all the publike affaires for which it was called were dispatched , all grievances redressed , and all petitions exhibited therein , fully heard , and answered ; agreeable to the resolution of the great a councels of basil , constans , and divers popish * writers , that a generall councell once lawfully summoned by the pope and met , cannot be dissolved by him againe at his pleasure , without the councels consent , before all the churches affaires be therein setled : vpon which resolution these councels continued together and deposed sundry popes notwithstanding their buls to dissolve them , to keepe themselves in their chaires . this is apparent ; first by the ancient treatise , of the manner of holding parliaments in england : which informes us ; that the first day of the parliament , publike proclamations ought to be made in the city or towne where the parliament is kept ; that all those who would deliver petitions or bils to the parliament , should deliver them in a certaine time : that the parliament should not depart so long as any petition made thereto hangeth undiscussed or undecided , or at the least to which there is not made a determinate answer : the kings majesty being desirous of his grace and favour to give the subject redresse of any injury , not to suffer his people to goe unsatisfied . hence departing of the parliament ought to be in such manner . first , it ought to be demanded , yea and publickely proclaimed in the parliament , and within the pallace of the parliament , whether there be any that hath delivered a petition to the parliament , and hath not received answer thereto ? if there be none such , it is supposed that every one is satisfyed , or else answered unto at the least , so far forth as by law it may be . and then all may depart . hence it was , that in r. . c. , , , . divers petitions not read nor answered in parliament , by reason of shortnesse of time , and not determined sitting the parliament , were by special acts of parliament referred to divers lords and commons , to examine , answer , and plainely determine all matters contained in the said petitions , as they should thinke best by their good advise and discretion ; even out of parliament ; which they heard and determined accordingly , and made binding acts thereupon , as appeares by the statutes themselves . this doctrine was very well knowne to king iohn , henry the . edward the . richard the . henry the . and edward the . the parliaments which opposed , and deposed most of them , sitting and continuing sitting , both before and after their deposing , sore against their wills , as the fore-remembred histories manifest ; else no doubt they would have broken up all these parliaments at their pleasure , and never permitted such acts and judgements to passe against themselves , favorites , ill counsellours , pretended prerogatives , had they lawfull power to dissolve them , summoned in their names , or the parliaments actually determined by their depositions , or resignations , as we find they did not , and none ever yet held they did . king richard the . fearing the losse of his crowne , or some restraints by lawes , in the . yeare of his reigne , proposed this question among others , to his judges at nottingham castle ; which ( for ought i finde ) was never doubted before . b whether the king whensoever pleaseth him , might dissolve the parliament , and command his lords , and commons to depart from thence or not ? whereunto it was of one minde answered , that he may : and if any would proceed in the parliament against the kings will , he is to be punished as a traytor . for which opinion and others , some of these judges and lawyers ( as tresilian and blake ) were condemned of high treason the next parliament , r. . drawn upon a hurdle to tyburne , and there executed , as traytors to the king and commonwealth : others of them ( who delivered their opinions rather out of feare of death , and bodily tortures than malice ) were yet condemned as traytors , and banished the kingdome , onely their lives were spared . true it is , that the packed and over-awed parliament of r. . ( terrifyed by the kings unruly great guard of cheshire archers forementioned ) r. . c. . being specially interrogated by the king , how they thought of these answers of the judges , said ; that they thought they gave their answers duely and faithfully , as good and lawfull liege people of the king ought to doe : but yet the parliament of h. . ● . , . repealed this parliament of r. . with all its circumstances and dependents , revived the parliament of r. . with the judgements and proceedings , given against these trecherous temporising judges , as a thing made for the great honour and common profit of the realme . besides , the c statutes of king alfred , and edward the . ( which enact , that a parliament shall be holden once every yeare , and oftner if need be , for redresse of mischiefes and grievances which daily happen ) strongly intimate , that if a parliament ought in law to be called as often as neede is , of purpose to redresse the subjects grievances and mischiefes ; then it ought not in point of law to be dissolved , till these grievances , and mischiefes be redressed ; else the summoning of it would be to no purpose , and bring a great trouble and charge to the whole kingdome , without any benefit at all ; moreover , the king by his oath , is bound to doe equall justice and right to all his subjects in all his courts of justice : in magna charta c. . he makes this protestation ; we shall deny nor deferre to no man , either iustice or right : and by sundry other d acts , all the kings iudges are sworne and commanded , to doe even law and execution of right to all his subjectes rich or poore , without having regard to any person , and without letting or delaying to doe right for any letters , writs , or commandements that shall come to them from the king or any others , and shall doe nothing by vertue of them , but goe forth to doe the law , and hold their courts , and processes where the pleas and matters be depending before them , notwithstanding , as if no such letters , writs , or commandements , were come unto them . the makers therefore of these oathes and lawes ( in dayes of popery ) and the parliaments of e. . c. . e. . c. . r. . c. . r. . c. . which enact , that it shall not be commanded by the great seale or little seale , to delay or disturbe common right , and though such commandments doe come , the iustices shall not therefore leave to doe right in any point , that iustice and right be indifferently ministred to every of the kings subjects : did certainely beleeve , that the king neither by his great nor privy seale , nor by writ or letter could without just or lawfull cause assigned , prorogue or adjourne the terme or sitting of any courts of justice , much lesse prorogue or dissolve his highest court , and grand councell of the realme , the parliament , or disable them to fit to redresse the kingdomes and subjects severall grievances , or secure the realm from danger ; which if he might lawfully doe at his pleasure , without the houses joynt assents , there would necessarily follow , not onely a deferring and deniall , but likewise a fayler of justice in the highest court of justice ; which these acts disable the king ( who is so farre inferior to the law , that he cannot so much as delay the smallest proceedings of it in any court or session , by his supreame power , by any meanes whatsoever ) to effect in his meanest courts , much lesse then in the greatest ; from whence the subversion of lawes , liberty , justice , and the whole realme would ensue . if any therefore cavill at the act for continuance of this parliament , till both houses shall agree to adjourne or dissolve it ; or at the bill for trienniall parliaments , which when they meete , shall not be dissolved without their consents for fifty dayes space next after their first meeting : let them now learne , that this is no innovation , nor encroachment on the crowne , but an ancient priviledge of parliament , both claimed , practised , and resolved in times of popery , in an higher degree then now it is . and thus you see how in these particulars , the popish parliament , prelates , lords and commons in former times , have claimed and exercised farre greater priviledges and jurisdictions , than this or any other protestant parliament hath hitherto claimed or practised : which i hope , will forever silence the clamourous tongues of all ill counsellours , courtiers , royalists , malignants , papists , and cavaliers against the present parliament , of whose highest ( yet moderate ) proceedings , themselves alone have beene the occasions , and therefore ( of all others ) have least cause to complaine against them . but to returne againe to the first grand objection . thirdly , i answer , that the high court of parliament , and whole kingdome which it represents , may in divers respects be truely and properly said , to be the highest soveraigne power of all others , and above the king himselfe : which because it may seeme a dangerous paradox , and tends much to the vindication both of the priviledges , honour , and iurisdictions of our high court of parliament , ( now so much undervalued , because not really known to most ) and to the justification of the proceedings in this present parliament , which many out of ignorance and malice so much declaime against both by word and writing , in a most licentious manner ; i shall take a little liberty to demonstrate the truth of it , by such convincing reasons and authorities , as no rationall man ( i hope ) shall be able to contradict , but must necessarily submit to . first , it is undeniable that e the court of parliament hath a lawfull power , to question all the kings patents , charters , commissions , proclamations , grants , warrants , writs , and commitments whatsoever , whether they be legall ; yea to cancell or repeale them in case they be illegall , mischievous , or onerous to the subject , not onely without but against the kings consent , and mandate to the contrary ; as appeares by infinite precedents in this and all foremer parliaments , the scourges of monopolists , patentees and projectors , the pests of the commonwealth . the like power have all other courts of justice within the kingdome in some degree , when such charters and writs of the king are brought judicially before them , because they are courts of the law , to which the king and all his actions are and must be subject . now that which can thus question , cancell , disanull , revoke the kings owne royall charters , writs , commissions , patents , &c. though ratified with the great seale and regall power , even against his will , must certainely be a soveraigne power and authority , which in point of law and justice is superiour to the king. this is bractons resolution , l. . c. . f. . a , and fletaesl . . c. . where they affirme , the law and parliament to be above the king , because they may censure , judge , and rescinde the kings acts & charters , legally and judicially , even against his personall , though not legall will , which is the law. secondly , it is unquestionably true , that in all cases of difference betweene the king , and all or any of his subjects , though they concerne the kings prerogative and the highest branches thereof , the parliament is the supreamest and most proper judge , and its resolution ( from which there is no appeale to any higher tribunall ) shall finally binde not onely all the subjects , but the king himselfe , notwithstanding his owne personall disassent . this is manifest by the many late resolutions given in parliament against sundry patents , commissions , writs , charters , impositions , loanes , shipmoney , forest-bounds , marshall law , pressing and billetting souldiers , imprisonment by speciall command of the king or his privy counsell , tonnage and poundage , knight-hood and taxes , the commission of array , and the like , which obliege both king and subject ; the king in receiving justice , in such cases , being subject to the law as well as the meanest of his subjects ; as f bracton truely avers , against all royalists mistakes . now that which can thus finally conclude and binde the king himselfe , even volens nolens , in cases of highest concernment , entrenching farthest upon his prerogative royall , must doubtlesse be the most soveraigne power , superiour to the kings . and in this sence every court of justice , whose just resolutions , and every petty jury , whose upright verdicts obliege the king ( because warranted by the law which is paramount the king ( as bracton , g fleta , h fortescue , i king iames , k edward the confessor ; yea and l aristotle , resolve ) may be t●uely said to be above the kings person , which they binde ; but not above the parliament , which by its superlative power may examine all m judgements and verdicts , in other courts by way of error , or appeale , and reverse them if there be cause , when as the king in person cannot by law examine or reverse them , but onely in his courts of justice , by his judges . thirdly , parliaments oft times doe , and may as they see cause , enlarge the kings prerogative and royall power in sundry particulars , in which the king had no such jurisdiction before these acts ; witnesse the statute de praerogativa regis , the notable parliament roll of . h. . num . . where the commons in parliament grant the king , that he shall be in as great royall liberty as his noble progenitors were before him : having formerly made the like grant to king richard the second , who perverted it to the altering of the lawes in many things , as appeares by this roll. h. . c. , , . h. . c. , . h. . c , . , and h. . c. . h. . c. . h. . c. . . & e. . c. , . eliz. , . with sundry other acts. now that parliamentary power , which onely can create and conferre on kings a greater regall authority , and prerogrative than they had before ; must needs be the originall and supreame authority : for as we rightly argue m that the kings authority is superiour to all other his greatest officers and subordinate ministers of iustice , because their power is by patent , or commission derived from his : so we may from the selfe-same reason conclude , that the high court of parliaments power ( the representative body of the whole kingdome ) is the most primitive , soveraigne and greatest authority of all other , yea , larger and higher than the kings ; n because it onely can enlarge the kings prerogative , all whose originall or additionall royalties , proceeded not from the king himselfe , or his ancestors owne inherent hereditary power , ( for what king could justly without his peoples consents , usurpe a crowne or lawfull royall prerogative to himselfe , over an whole countrey ? ) but meerely from the voluntary consent and grant of his people in the parliament . this is irrefragably evident not onely by the various o kinds of kings ; where of some are of greater power and authority . others of lesse ; some by election , others by succession onely , by reason of their kingdomes & subjects original institution , by the divers alterations of the monarchy in this kingdome , which hath beene p sometimes divided into seven , sometimes into five , sometimes into three or two kingdomes , and at last reduced unto one ; by the great q changes and alterations made in all foraine realmes , which have sometimes multiplyed , sometimes diminished the number and power of their princes , and somtimes quite abolished the royall forme of government , changing it into an aristocraticall or popular rule , or dukedome : by the divine authority of s. peter , who in this regard calls kings and their supremacy , a r humane creature , or ordinance of man , because instituted , limited , and moulded into severall degrees of power by men over whom they reigne ; but likewise by two expresse determinations of aristotle in these termes , s regna patriis moribus & legibus fundata & confirmata sunt . and t verum regnum est imperium majo●ibus & praestantioribus viris voluntate civium delatum , seconded by u tully , livie , and others . it is the unanswerable argument of marius salamonius ( an * incomparable roman lawyer and philosopher ) in his lib. . de principatu , p. to . printed at paris , . cumprivilegio regis ; to prove , the whole kingdome and people the soveraigne power , greater than the prince , and the prince ( be he king or emperour ) inferiour unto them ; because he is not onely their servant , but creature too ; being originally created by , and for them . now as every creator , is of greater power and authority than its creature , and every cause greater then its effect : so the authority and power of the people which creates the prince and princely power , and augments or limits it as there is cause , must needs be greater , then the prince or royall power . who though he be greater than any private subject or magistrate , over whom he rules ; yet he is still inferiour to all the people and kingdome , whose servant or creature he is , and by whose authority he doth and manageth all things . and though principalities generally considered be of god ; yet the constitution of princes , and their severall degrees of power are meerely from men : for if the regall authority of kings were meerely from the law of god , or nature ( as many ignorant court doctors now preach and write ) it should be the same , and like it selfe in all kingdomes , the same among the romans , as parthians , scythians , medes , and other nations ; but it is not the same among all these nations , but different , such , qualis suo cuique placet populo , as every people pleaseth to prescribe and make choyce of ; the power , rights , and royalties of the kings of the parthians , medes , and scythians , being such as the parthians , medes and scythians please ; therefore the rights and prerogatives of the roman empire and emperours , ( and of the kingdom and king of england too ) such as the romans pleased , and prescribed by their lex regia : which he there prosecutes at * large . and it is the direct conclusion , not onely of this authour , but likewise of iohn mariana a spanish jesuite in his booke de rege & regis institutione , l. . c. . dedicated to king philip the third of spaine , and printed by his and the emperours speciall priviledge both in spaine and germany ; that the whole commonweale , kingdome and people , are of greater power and authority than the king ; as for other reasons , so for this , that he is but their creature , servant , and derives all his royall authority from them alone , not for his owne , but their service , and benefit , who may enlarge or restraine it as they see just cause . and not to trouble you with foraine authorities in this point , which are infinite ; i shall onely acquaint you with the resolutions of some eminent ancient lawyers of our owne . andrew horne , an eminent lawyer in edward the first his reigne , in his myrrour of iustices ; chap. . sect. . p. , , . writes thus of the originall institution of our english monarches . after that god had abated the nobility of the britaines , who rather used force than right , he delivered it to the most humble and simple of all the neighbour nations , the saxons ; who came from germany to conquer it , of which nation there have beene forty kings , all which held themselves to have companions . these princes called this land england , which before was named greater britaine . these after great warres , elected from among them a king to reigne over them , to governe the people of god , and to maintaine and defend their persons and goods in peace , by the rules of law ( or right : ) and at the beginning they caused the king to sweare , that he will maintaine the holy christian faith to the utmost of his power , and guide his people by law , without respect to any person , and shall be obedient to suffer ( or undergoe ) law , as well as others of his people . and afterwards this realme was turned to an heritage , according to the number of the companions , who divided the realme into . counties , and delivered each one a county to keepe and defend from enemies , according to every ones estate . and although the king ought to have no peeres in the land , yet because if the king of his owne wrong should offend against any of his people , neither he , nor any his commissaries , can be both judge and party ; of right it behoves , that the king should have companions , for to ●eare and determine in parliaments all the writs and plaints of the wrongs of the king , the queene , and their children , and of those especially , of whose wrongs they could not otherwise have common right . these companions are now called counts , after the latine comites ; and so at this day these countries are called counties , and in latine comitatus , &c. henry de bracton , who writ in henry the third his reigne , as in his forecited passages ; so in others , resolves ; x that the king is under the law , because the law makes him a king , by giving him dominion and power . now how doth the law thus make him a king , but by the parliament , the kingdomes great counsell ? by whose counsell and consent alone , all lawes were first enacted , and yet are , as the y same authour informes us , who further addes . that the king ought to be under the law , because christ whose vicar he is on earth , when be came to redeeme mankinde , made choyse of this way especially to destroy the workes of the devill , using not the strength of his power , but the reason of his justice , and so would be z under the law , that he might redeeme those that are under the law ; thus the virgin mary the mother of our lord , who by singular priviledge was above the law , yet to shew an example of humility , refused not to be a subject to legall ceremonies . so therefore the king , lest his power should remaine unbridled , there ought not to be a greater than he in the kingdome in the exhibition of justice ; yet he ought to be the least , or as the least in receiving judgement , if he require it . b that a king is created and elected , ( by whom but by his kingdome ? ) to this purpose , to doe justice unto all . c that a king cannot doe any thing else in earth ( seeing he is gods minister and vicar ) nisi id solum quod de jure potest : but that onely which he can doe by law. that god , the law , and his court ( to wit ) the earles and barons ( in parliament ) are above the king , and ought to bridle him , and are thence called comites , because they are the kings companions . fleta an ancient law-booke , written in king edward the third his reigne , l. . c. . & . useth the selfe-same words that bracton doth ; and concludes that the king hath a superior , to wit , god , and the law , by which he is made a king , and his court of earles and barons ; to wit , the parliament . fortescue a lawyer , chancellour to king henry the sixt , proves at large , that d the king of england cannot alter nor change the lawes of his realme , at his pleasure ; for why , be governeth his people by power not onely royall , but politique . if his power over them were royall onely , then he might change the lawes of his realme , and charge his subjects with tallage and other burthens , without their consent ; and such is the dominion the civill lawes purport , when they say ; the princes pleasure hath the force of a law. but from this much differeth the power of a king whose government over the people is po●itique ; for he can neither change the law without the consent of his subjects , nor yet charge them with strange impositions against their will. wherefore his people doe frankely and freely enjoy and recover their owne goods , being ruled by such lawes as themselves desire , neither are they pilled off their their owne king or any other . like pleasure also should the subjects ●ave of a king ruling onely by royall power , sol ong as he falleth not into tyranny , st. thomas in the booke he wrote to the king of cyprus , justifieth the state of a realme to be such , that it may not be in the kings power to oppresse his people with tyranny ; which thing is perfomed onely , when the power royall is restrained by power politique . rejoyce then o * soveraigne prince , and be glad , that the law of the realme wherein you shall succeed is such , for it shall exhibit and minister to you and your people no small security and content , chap. , , . he showes the different sorts of kings or kingdomes , some of greater , others of lesser power ; some elective , others successive ; proceeding meerely from the peoples free consents and institution , and that the ancient aegyptian , aethiopian , and other kings , were subject to , and not above their lawes , quoting sundry passages out of aristotle , concerning the originall of kingdomes . chap. . he proceeds thus : a people that will raise themselves into a kingdome or other politique body , must ever appoint one to be chiefe ruler of the whole body ; which in kingdomes is called a king. in this kinde of order , as out of an embryo ariseth a body naturall , ruled by one head , because of a multitude of people associated by the consent of lawes , and communion of wealth , ariseth a kingdome , which is a body mysticall , governed by one man as by an head . and like as in a naturall body , the heart is the first that liveth , having within it blood , which it distributeth among the other members , whereby they are quickned ; semblably in a body politique , the intent of the people is the first living thing , having within it blood ; that is to say , politique provision for the utility and wealth of the same people ; which it dealeth forth and imparteth as well to the head as to the members of the same body , whereby the body is nourished and maintained , &c. furthermore , the law under which a multitude of men is made a people , representeth the forme of sinews in the body naturall ; because that like as by sinews the joyning of the body is made sound ; so by the law , ( which taketh the name a ligando , from binding ) such a mysticall body is knit and preserved together , and the members and bones of the same body , ( whereby is represented the soundnesse of the wealth , whereby that body is sustained ) doe by the lawes , as the naturall body by sinewes , retaine every one their proper function . and as the head of a body naturall cannot change his sinewes , nor cannot deny nor with-hold from his inferiour members , cheir proper powers , and severall nourishments of blood : so neither can the king ( who is the head of the politique body ) change the lawes of that body , nor with-draw from the said people their proper substance against their wills or consents . for such a king of a kingdome politique , is made and ordained for the defence of the lawes of his subjects , and of their bodies and goods . whereunto he receiveth power of his people , so that hee cannot governe his people by any other law . chap. . be addes , no nation did ever of their owne voluntary minde incorporate themselves into a kingdome for any other intent , but onely to the end , that they might thereby with more safety then before mainetaine themselves , and enjoy their goods free from such misfortunes and losses as they stood in feare of . and of this intent should such a nation be defrauded utterly , if their king might spoyle them of their goods , which before was lawfull for no man to doe . and yet should such a people be much more injured , if they should afterwards be governed by foraine and strange lawes , and such peradventure as they deadly hated and abhorred , and most of all , if by those lawes their substance should be diminished ; for the safeguard whereof , as also for their honour , and of their owne bodies , they of their owne freewill submitted themselves to the governement of a king . no such power freely could have proceeded from them ; and yet if they had not beene , such a king could have had no power over them . and chap. . f. . he concludes thus . the king of england , neither by himselfe nor his ministers imposeth no tallages , subsidies or any other burthens on his lieges , or changeth their lawes , or make new ones without the concession or assent of his whole kingdome expressed in his parliament . thus and much more this learned chancellour in point both of law and conscience , sufficient to stop the mouthes of all malignant lawyers and royalists , being dedicated to and approved by one of our devoutest kings , and written by one of the greatest and learnedest officers of the kingdome in those dayes . in few words , f raphael holinshed , iohn vowell and others , in their description of england , printed cum privilegio , resolve thus of the parliaments power . this house hath the most high and absolute power of the realme , for thereby kings and mighty princes have from time to time beene deposed from their thrones , and lawes are enacted , and abrogated , offenders of all sorts punished , and corrupted religion , either disanulled or reformed . it is the head and body of all the realme , and the place where every particular man is intended to be present , if not by himselfe , yet by his advocate and atturney : for this cause any thing that is there enacted , is not to be withstood but obeyed of all men , without contradiction or grudge : and to be short , all that ever the people of rome might doe , either centuriatis comitiis , or tribunitiis , the same is and may be done by the authority of parliament . now the romans in their assemblies had power to enact binding lawes , to create and elect their kings and emperours , and likewise to judge , censure , and depose them ; to create and elect all kindes of officers , and to * change the very forme of their state and government ( as i shall hereafter manifest : ) therefore by these authours resolution , the parliament hath an absolute power to doe the like , when they see just cause . sir thomas smith one of the principall secretaries of state of king edward the . and queene elizabeth , and a doctor of law , in his common-wealth of england , l. . c. . in the old , but . in the last edition , hath the same words in effect with holinshed , and addes , that the parliament giveth forme of succession to the crowne , &c. our kings royall power being then originally derived to them , conferred on them by the peoples and kingdomes common consents in parliament , and all their new additionall prerogatives too , as the premises evidence , it cannot be denyed , but that the whole kingdome and parliament , are really in this sense above him , and the most soveraigne primitive power from whence all other powers were , and are derived . fourthly , this is undeniable , because the whole kingdome in parliament , may not onely augment , but likewise abridge , allay , abolish , and resume some branches of the kings royall power and prerogative if there be just cause , as when it becomes onerous , mischievous , or dangerous to the subjects , inconvenient to , or inconsistent with the kingdomes , peoples welfare , peace , safety , liberty , or the lawes ; this is most apparent by magna charta ; charta de foresta , statutum de tall agio non concedendo , articuli super chartas , confirmatio chartarum , e. . c. , . e. . c. . . e. . c. . e. . c. . e. . c. . e. . c. , . e. . c. . . e. . c. . e. . c. . stat. . c. , . & stat. . c. . . e. . c. . e. . c. . e. . c. . r. . c. . r. . c. . to . r. . c. . h. . c. . jac. c. . . h. . c. . the petition of right , caroli , most statutes against purveyens , pardons , protections , and for regulating the kings charters , grants , revenues : the acts made this parliament against ship-money , knighthood , forest-bounds , pressing of souldiers , the star-chamber , high-commission , the trienniall parliament , the continuance of this parliament , whiles they please , with g sundry other acts , which restaine , abridge , repeale , resume divers reall and pretended branches of the kings royall prerogative , because they proved grievous , mischievous , dangerous , pernicious to the people and kingdome . this then answers that irrationall , groundlesse position of doctor ferne ; that h the subjects neither lawfully may , nor ought in any case to resume all or any part of that regall power wherewith they have once invested their kings by common consent , though it prove never so mischievous , and be never so much abused to the peoples prejudice . which , as it is contrary to that received principle of nature and reason : eodem modo quo quid constituitur , dissolvitur , that all governments created by mens consents , especially being but officers in trust for their good and welfare onely ; to i sundry presidents and prophesies in scripture concerning the alterations , subversions , diminutions of kings and kingdomes ; to the constant practise of k all realmes , all states whatsoever , from adam till this instant , who have undergone many strange alterations , eclipses , diminutions , yea periods of government : to the resolution of l aristotle , and all other politicians , who hold all formes of government changeable and revocable , without any injustice , if necessary or convenient ; so likewise to the very end for which kings have regall power ( as well as other governours , and governements ) and for which they were ordained ; to wit , their kingdomes , peoples m welfare , safety , peace , protection , &c. salus populi , being not onely that suprema lex , but principall end for which all royall power was instituted by god and man , and to which it must submit in case it becomes incompatible , or inconsistent with the publique weale or safety : what therefore that learned father augustine bishop of hippo , long since resolved touching the ( now much contested for ) lordly state of episcopacy , which he and neere three hundred african bishops more , were then ready to lay downe for the churches peace ; i may fitly apply to the now over-much contended for supposed royall prerogatives of kings , to effect peace in our state , in these times of uncivill military ( that i say not bloody ) dissentions , raised about them betweene king and parliament , an● vero , &c. n what verily did our redeemer descend from heaven into humane members , and shall we , lest his very members he rent in pieces with cruell division , feare to d●scend out of out thrones ? we are ordained bishops for christian peoples sake , what therefore may profit them for christian peace , that let us doe with our bishoprickes . quod autem sum propter te sim , si tibi prodest , non sim , si tibi obest . what i am , i may be for thee , if it profit thee ; i may not be , if it be hurtfull to thee . if we be profitable servants , why doe we envy the eternall gaines of our lord for our temporall sublimities or prerogatives ? our episcopall dignity will be more fruitfull to us , if being laid downe it shall more unite the flocke of christ , than disperse it if retained . if when i will retaine my bishopricke i disperse the flocke of christ , how is the dammage of the flocke the honour of the shepherd ? &c. old statute lawes , yea the common law of england , though above the king and his prerogative , may be , and oft are repealed and altered by parliaments , when they become mischievous or inconvenient ; therefore by like or greater reason , may any branches of the kings prerogative , inferiour to these lawes , be restrained , yea resumed , when they prove grievous or dangerous to the subject : it is the kings owne professed maxime , in full parliament ; o ( printed and inrolled by his speciall command , in all his courts ) that the kings prerogative is but to defend the peoples liberties : when therefore it either invades or subverts them , it may justly , it must necessarily be restrained , diminished or resumed by the parliament , from whose assent or grant , it first proceeded , and that onely for the publique weale , not prejudice of the people . the emperour p otho the first , and our king richard and second ( as q some imagine ) voluntary resigned , relinquished their crownes , to their immortall honour , to prevent the effusion of their subjects blood , by civill warres , and settle peace within their realmes : and shall not other kings then most joyfully part with some punctilioes of their reall , or branches of their supposed prerogatives for the selfesame ends , if their parliaments see good cause to resume them , and of right may doe it ? fifthly , the king though he be the chiefe and principall ( yet he is onely one member of the parliament and kingdome , the least ( because but one person ) though the highest branch ; the lords and commons ( not elected by , but assigned counsellors to the king , by the kingdome and people ) being the greatest and most considerable part , as representing the intire body of the kingdome . now common reason , law , and experience manifests , and aristotle polit. l. . c. . with marius salamonius , de principatu , l. . p. , . conclude , that the whole , or greatest part in all politique or naturall bodies is of greater excellency , power , and jurisdiction , than any one particular member . thus in all our r corporations , the court of aldermen and common councell is of greater power than the mayor alone , though the chiefe officer : the chapter of greater authority than the deane , the deane and chapter than the bishop ; the whole bench , than the lord chiefe iustice , the whole councell than the president ; the whole parliament then either of the houses : and by like reason than the king ; especially , since one of the three estates is lesser than the three estates together ; who in parliament , by the fundamentall constitutions of the realme , are not s subordinate , but coordinate parts of the same great common-councell of the kingdome . it is aristotles expresse determination , t that in an oligarchie , aristocracie , and democracie , whatsoever seemes good to the major part of the governours of the common-wealth , that is ratified ; that the whole city , kingdome , family , is more excellent , and to be preferred before any part or member thereof . and that it is unfit the part should be above the whole : and in all courts of justice , corporations , and elections , u the major part have alwayes had the greatest sway , and constantly over-ruled the lesse , though it be but by one casting voyce ; as is evident to all in the elections of knights , and burgesses of , and votes in the parliament ; in which the x king , lords and commons , by the common law , make up but one intire corporation : since then even in parliament it selfe , the major part over-swayes the rest , yea the king himselfe ( who hath no absolute negative voyce , but onely in refusing to passe some kind of bills not all ( of which more hereafter ) doubtlesse the whole , or y major part of the parliament ( which in law is the whole ) is above the king , the chiefe member of it . which consideration , together with the statutes of r. . state. . c. . h. . c. . enacting , that none elected to be in any parliament shall depart or absent himselfe from the same parliament till it be fully ended or pro●ogued , without speciall license of the speaker of the commons to be entred of record in the journall booke , under paine of amercement , losse of wages , & other punishment ; nor * any member of the vpper house without that houses license under paine of inditement , imprisonment or fine ; as appeares by the bishop of winchesters case , e. . . fitz. coron . . and stamford , l. . c. . f. . compleatly answers that fond cavill of malignants and royalists against this parliament ; that the king and many of the other members have wilfully absented themselves from the house , ( of purpose to dissolve it if they could , notwithstanding the late speciall act made by their joynt consents for its continuance , ) ergo this unlawfull action of theirs ( to effect this pernicious designe ) must nullifie , or at least invalid ( in their new non-sence law and logicke ) the lawfull proceedings of those worthy faithfull members who continue in it , to preserve both parliament , kingdome , religion , lawes , liberties , from ruine and dissolution . if these absent members be the greater number , why doe they not come and over-vote the rest in the house in a peaceable , legall , usuall parliamentary way , rather than challenge them into the field in a military , illegall , unusuall bloody manner , unheard of in former ages ? if the lesser party , then present or absent the major part must over-rule them volens nolens , as it hath ever used , unlesse they will be wilfuller ( i cannot say wiser ) than all their predecessors put together . as for his majesties absence from the parliament by the pernicious advise of evill counsellors ; so much insisted on by malignants . i answer , first , that it was without any just cause given by the parliament . secondly , it was much against their wills , who have a oft importuned , petitioned , and used all possible meanes to procure his returne . thirdly , his absence was procured , and is yet continued by those alone , who most unjustly taxe the parliament for it , and would take advantage of this their owne wrong . fourthly , though he be personally absent as a man , yet he is still legally present in parliament , ( called the kings presence ) as he is a king ; as he is in all other his courts of justice , where all proceedings are entred , b coram rege , though the king never yet sate personally in either of them , as he hath oft times done in this parliament ; for the continuance whereof he hath passed such an act , as will inseparably tye his royall presence to it , though the cavaliers about him should be force with-draw his person from it , not onely as farre as yorke , but the remotest indies ; yea , he must first cease to be king of england , ere he can be legally absent from his parliament of england . this his wilfull personall absence from his greatest counsell which desires and needs it , is ( as many conceive ) an act of the highest injustice that ever any prince could offer of his parliament , worse than c rehoboams forsaking the counsell of his ancient sages , to follow the hare-brain'd advise of his young cavaelieres ; for though he followed not their ancient prudent counsell , yet he with-drew not himselfe from them , as his majesty now severs himselfe from his parliament , not only without but against all precedents of his royall predecessors , except king d richard the second ( who once absented himselfe from his parliament above forty dayes , yet then returned to it upon better advise ) and the very common custome and law of the land , ( which he is obliged by his coronation oath , and many late protestations added to it , constantly to maintaine . ) this appeares most clearely by the ancient treatise , of the manner of holding of parliaments in england , both before and since the conquest , ( * tendered to and approved by the conquerour himselfe , newly printed . ) which in the section , touching the kings absence from parliament , resolves thus . the king is bound by all meanes possible to be present at the parliament ; unlesse he be detained or let therefrom by bodily sicknesse , and then he may keepe his chamber , yet so as he lye not without the manour , or towne at the least , where the parliament is held : and then he ought to send for twelve persons of the greatest and best of them that are summoned to the parliament , that is , two bishops , two earles , two barons , two knights of the shire , two burgesses , and two citizens , to looke upon his person , to testifie and witnesse his estate , and give * authority to the arch-bishop of the place , the steward of england , and chiefe iustice , that they joyntly and severally should begin the parliament , and continue the same in his name , ( see h. . c. . cromptons iurisdiction . f. . a. . b. according herewith ) expresse mention being made in that commission , of the cause of his absence there , which ought to suffice . the reason is , because there was w●nt to be a cry and murmure in the parliament for the kings absence , because his absence is hurtfull and dangerous to the whole commonalty of the parliament , neither indeed ought , or may he be absent , but onely in the case aforesaid . and whereas malignants clamour , that most of the lords are absent as well as the king , and therefore this can be no lawfull parliament ; the same authour will informe them ; that if the lords be once summoned to parliament , and then appeare not , or absent themselves , the king may hold the parliament with the commonalty and commons of the kingdome ( every of which hath a greater voyce in parliament then the greatest earle in england , because he represents a whole county , towne , or city , the other himselfe alone ) without bishops , earles , or barons ; because in times past , before there was either bishop , earle , or baron , yet even then kings kept their parliaments ; but on the contrary , no parliament can be kept by the king and peeres , if all the commons ( for the kings misgovernment , or such like cause ) should absent themselves . this is the judgement of r master iohn vowel too , who writes in this manner : yet neverthelesse , if the king in due order have summoned all his lords and barons , and they will not come : or if they come , they will not yet appeare : or if they come and appeare , yet will not doe or yeeld to any thing , then the kings with the consent of his commons , may ordaine and establish any acts or lawes , which are as good , sufficient and effectuall , as if the lords had given their consents . but on the contrary , if the commons be summoned and will not come , or comming will not appeare , or appearing will not consent to doe any thing , illedging some just , weighty , and great cause ; the king in these cases d cannot with his lords devise , make , or establish any law. the reasons are these , when parliaments were first begun and ordained , there were no prelates or barons of the parliament , and the temporall lords were very few or none ; and then the king and his commons did make a full parliament , which authority was never hitherto abridged . againe , every baron in parliament , doth represent but his owne person , and speaketh in the behalfe of himselfe alone . but in the knights , citizens , and burgesses are represented the commons of the whole realme , and every of these giveth not consent onely for himselfe , but for all those also for whom be is sent . and the king with the consent of his commons had ever a sufficient and full authority , to make , ordaine , and establish good and wholesome lawes for the commonwealth of his realme . wherefore the lords being lawfully summoned and yet refusing to come , sit , or consent in parliament , cannot by their folly , abridge the king and the gommons of their lawfull proccedings in parliament . thus and more iohn vowel in his order and vsage how to keepe a parliament ; printed cum privilegio . and sir edward cooke , in his institutes on magna charta , proves that the lords and peeres in many charters and acts , are included under the name of the commons and commonalty of england . but we need not retire to this last doubtfull refuge ; the honourable faithfull lords now present , though not so many as could be desired , are the intire house of peeres in judgement of law , ( as those present at the election of knights of the shire , or burgesses ( though the major part be negligently or wilfully absent ) are the whole shire or burrough ) and the wilfull absence of the residue , though the greater number , being e contrary to law , contrary to the priviledges of parliament , and their late protestations , tending to the very subversion of parliaments ( for which high contempt they and their * posterities too , may justly be disabled for ever to sit as members of that house , which they have so dishonourably , if not treacherously , deserted , even as f well as knights and burgesses , whose personall attendance is so necessary , that if during the parliament , they absent themselves from it , about any businesses of their owne , without leave of the house , or be so sicke , or elected mayors of a towne , or any other judiciall officers , so as they cannot attend the service of the house , they may thereupon be lawfully expelled the house , and a new writ expressing the cause of their removall , shall issue for a new election of others in their places , to make the house compleat , as was resolved by the commons house , h. . br. parliament . ) can no more disable those now present from being a true and lawfull house of peeres , than the multitudes departing from the true church of god , to the fa●se , disprove it to be the true church of christ , g whose true flocke is but little . in a word h divers parliaments have beene kept and held , and * acts made without bishops or abbots heretofore , even while they were reputed members of the lords house , and one of the three estates in parliament ; therefore this parliament ( which hath taken away bishops votes for ever ) may be lawfully held , notwithstanding any lords or commons wilfull absence from it in person ; who yet as long as they are members of the parliament , shall still be adjudged legally present , whether they will or no. one puny judge in the courts of westminster may and doth usually give judgement , and make binding orders , though the chiefe justice and his fellowes be negligently or wilfully absent : much more then may the lords and commons now present , doe the like , in case of the kings and other members wilfull absence , of purpose to ruine both parliament and kingdome , against which they are now in armes , and have levyed open warre . sixthly , it is most apparent both by i scripture , the verdict of all k politicians and writers of note , the l statutes of our realmes and lawyers , that kingdomes , subjects , and parliaments , were not created by god for the wils , pleasures , profit or benefit of kings , who by birth and nature differ not at all from the meanest of their subjects ; but kings were at first constituted , and still continued for the protection , welfare , benefit , service of their kingdomes , parliaments , people , whose publicke servants , ministers , shepherds , fathers , stewards , and officers they are . now nature , reason , and m scriptures resolve , that he who is instituted meerely for the benefit and service of another ( as all the n creatures were created for mans use , and therefore are inferiour unto man in dignity and power ) is of lesse dignity , power , and jurisdiction , than the intire body of those for whose good he was instituted ; as the o servant is inferiour to his master ; the p wife to her husband , for whom they were created ; the mayor to the whole corporation ; and the king to his whole kingdome and parliament : which consideration hath caused sundry kings and emperours , not onely to adventure their lives in bloody battles , but to lay downe their crownes for the peace and safety of their subjects ; witnesse q otho the first , and others ; with the examples of moses , exod. . . to , . numb . . , to . of david , sam. . . chron. . . and iohn . . . with other precedents which i pretermit . and the reason is apparent , for if the king be slaine in defence of the kingdome or people , yet the kingdome and people may remaine secure , and another succeed him in that office of trust , ( in which respect a politique body differs from a naturall , that it hath life , continuance , and meanes to guide , defend , and order it selfe , though the king and head be cut off by death . ) but if the realme and people be destroyed , though the king survive them as a man , yet he must necessarily perish in and with them as a king , since he cannot possibly be a king without a kingdome and people ; for whose good and safety alone he was made a king. hence aristotle , polit. l. . c. . and marius salamonius , de principatu , l. . p. . define a principality , to be a just government for the benefit of the people , respecting onely the publique good and welfare , not its owne private advantage . hence plato de repub. l. . thus describes the office of a prince towards the common-wealth . that as he is a prince , he neither mindes nor commands what is advantagious to himselfe , but what is beneficiall to his subjects ; and whatever he saith or doth , he saith and doth it for the profit and honour of the republicke ; which cicero in his offices hath more elegantly thus translated ; as the defence , so the procuration of the common-weale is to be managed to be benefit of those who are committed , not of those to whom it is committed . and de finibus l. . a good and wise man , not ignorant of his civill office , is more carefull of the utility of all , than of any one , or of his owne : neither is a traytor to his country to be more dispraised , than a deserter of the common profit and safety , for his owne profit and safety . and the emperour * iustinian used this golden sentence . quod communiter omnibus prodest , hoc privatae nostrae utilitati praeferendum esse censemus ; nostrum esse proprium , subjectorum commodum imperialiter existimantes : imperialis benevolentiae hoc esse judicantes , in omni tempore subjectorum commodatam investigare , quam eis mederi procuremus . i shall conclude this with * salamonius his words . let the prince be either from god , or from men , yet think not that the world was created by god , and in it men , that they should serve for the benefit of princes ; for it is an absurdity , above what can be spoken , to opine that men were made for princes , since god hath made us free and equall : but princes were ordained , onely for their peoples benefit , that so they might innocently preserve humane and civill societie with greater facility , helping one the other with mutuall benefits : which he there largely proves by sundry histories and authorities . that of * peter matthew being a certaine verity . all the actions of a prince must tend to the good and health of his people , for whom he lives , and more than for himselfe , as the sun doth not shine and give heat , but for men , and the elements . the king then being made king , onely for the kingdomes , parliaments , peoples service , must needs ( in this regard ) be inferiour to , not paramount them in absolute soveraigne power ; though greater , * better than any particular subjects . seventhly , the parliament ( as our r law-bookes , and s writers resolve ) is the most high and absolute power , the supreamest and most ancient court of the realme of england , and hath the power of the whole realme , both head and body ; and among other priviledges this is the highest , that it is above the law it selfe , having power upon just grounds to alter the very common law of england ; to abrogate and repeale old lawes , to enact new lawes of all sorts , to impose taxes upon the people : yea , it hath power to declare the meaning of any doubtfull lawes , and to repeale all patents , charters , grants , and iudgements whatsoever of the king or any other courts of iustice , if they be erroneous or illegall , not onely without , but against the kings personall consent , so farre as finally to obliege both king and subjects . now it is cleare on the contrary side , that the king hath not the power of the whole realme vested in his person , that he t and his prerogative are not above , but subordinate to the lawes of the realme ; that he cannot by his absolute regall power , alter the common law of the realme in any particular point whatsoever , that he cannot repeale any old , nor enact any new law whatsoever , nor impose the least taxe or common charge upon his people , nor imprison their persons , distraine their goods , declare any law , or reverse any judgement in the meanest of his courts , without or against his peoples joynt consents in parliament ; for potest as sua iuris est & non injuriae ; & , nihil aliud potest rex in terris , nisi id solum quod de jure potest . bracton l. . c. . f. . therefore without any peradventure , the parliament in this regard is the most soveraigne authority , and greater in jurisdiction than the king. u iohn bodin that great lawyer and politician , resolves ; that the chiefe marke of an absolute and soveraigne prince is to give lawes to all his subjects in generall , and to every of them in particular without consent of any other greater , equall , or lesse than himselfe . for if a prince he bound not to make any lawes , without the consent of a greater than himselfe , he is then a very subject : if not without his equall , he then hath a companion ( as x bracton and others forecited , say our english king hath ; namely his earles and lords , thence stiled comites : ) if not without the consent of his inferiours , whether it be of his subjects , or of the senate , or of the people ; he is then no soveraigne . whence it followes , that the kings of england , who cannot make any law to obliege either all or any of their subjects , nor impose any taxes , nor repeale any common or statute law , but in and by their parliaments , are no absolute soveraigne princes ( as some royalists and court divines , most falsly averre them to be ) but meere mixt politique king , inferiour to their lawes and parliaments , the sole law-makers , law-alterers , though not against , but with the kings assent , considered not abstractively as kings , but copulative as a branch and member of the parliament . and indeed to speake impartially , though the kings royall assent y be generally requisite to passe and retifie lawes : yet i humbly conceive , that the originall , prime , legislative power of making lawes to binde the subjects and their posterity , rests not in the kings owne royall person , or jurisdiction , but in the kingdome , and parliament , which represents it . for first , admit the king should propound any lawes to his people ( as kings and law-givers usually did at first ) yet these lawes would not wayes obliege them , unlesse they voluntarily consented and submitted to them in parliament ; and the sole reason why our acts of parliament binde the subjects in former times , and at this day , is , not because the king willed them z but because the people gave their generall consents unto them in parliament , as sir thomas smith in his common-wealth of england , holinshed , the prologues to most ancient statutes , ( the king by the advise , and assent of the lords spirituall and temporall , and commons , and at the speciall request of the commons in parliament assembled , and by the * authority of the same parliament , doth grant and ordaine , &c. ) the kings coronation oath , quas vulgus elegerit and all our law-bookes resolve , and that upon this received maxime of law ; quod omnes tangit ab omnibus debet approbari . hence * marius salamonius defines a law to be , expressa civium conventio ; and averres , that ligatur populus suis legibus , quasi pactis conventis , quae verae sunt leges : and he likewise proves at large , that the lawes to which princes assent are more the peoples lawes than the kings , because kings doe passe and grant them but as the publicke ministers of the people , and by their command and direction , and they could neither assent to lawes , nor doe any other act of royalty unlesse the people had given them such authority : with which fortescue concurres , c. . , . the king in passing bils , doth but like the minister in marriage , declare it to be a law ; but it is the parties consents which makes the marriage , and the peoples onely that makes it a law to binde them ; whence those in a scotland , ireland , man , garnsey , and iersie are not bound by our english statutes , nor tenants in ancient demesne , as hath beene oft times judged ; because they consented not to them . therefore the chiefe legislative power is in the people and both houses of parliament , not in the king : as it was in the roman state , where the b people had the soveraigne jurisdiction of making and confirming lawes to binde them , not their kings , emperours , or senate , as i shall hereafter manifest . secondly , this appeares by the case of c customes , of by-lawes in corporations and manours , which binde all the corporation and tenants ( if they be reasonable ) without the kings or lords consents , by reason of their mutuall assents alone ; and as these private by-lawes oblige all those who consent to them by reason of their ownefree assents onely , so doe all publicke acts of parliaments obliege all subjects , onely because of their generall assents to them in their knights , citizens , and burgesses , elected by and d representing their persons . thirdly , all e bills or acts of parliament are usually made , framed , altered , thrice read , engrossed , voted and fully agreed upon in both houses , without the kings personall knowledge or privity for the most part , before they come to have his royall assent . and when they are thus agreed on by both houses , the king cannot alter any one word or letter in them ( as the houses may doe ) but must either absolutely as●ent to , or consider further of them . and if the king send any bill he desires to have passe , it must be thrice read and assented to in both houses ( which have power to reject , alter , enlarge , or limit it as they thinke meete ) else it can be no act at all . a cleare demonstration , that the chiefe power of enacting and making lawes is onely in the people , commons , and peeres , not the king : who by his writ doth purposely summon them to meete and enact lawes , as the chiefe legislators . witnesse this notable clause in the y writ for the election of knights , and burgesses : ita quodiidem milites plenam & sufficientem potestatem pro se & communitate comitatus praedicti , & dicti cives & burgenses pro se & communitate civitatum & burgorum praedictorum divisim ab ipsis habeant , ad faciendum et consentiendum his quae tunc & ibidem de communi consilio dicti regni ( not regis ) nostri contigerint ordinari super negotiis antedictis . ita quod pro defectu potestatis hujusmodi , &c. dicta negotia infecta non remaneant quovis modo : answerable to which is that clause in pope elutherius his epistle to our first christian king lucius , about an. . ex illis dei gratia , per consilium regni vestri sume legem , & per illam dei potentia vestrum reges britania regnum . fourthly , all publicke acts are the whole kingdomes lawes , not kings alone , made principally and solely for the subjects benefit , if good ; their prejudice , if ill : therefore the whole kingdome ( represented in and by both houses , not the king ) knowing much better what is good or bad for themselves , than the king alone , it is z just and reasonable that they , and not the king , should be the principall law-makers , to binde or burthen themselves with any new lawes , penalties or restraints . this is the ground of that notable rescript of the emperour theodosius to the roman senate ; which proves the roman emperours to have no right , nor power to declare or make lawes , but by the senates concurring assent and approbation , * humanum esse probamus , si quid de caetero in publica privatave causa emerser it necessarium , quod formam generalem & antiquis legibus non insertum exposeat , id ab omnibus autem tam proceribus nostri palatii , quam gloriosissimo caetu vestro , patros conscripti , tractari : & si universis tam iudicibus , quam vobis placuerit , tunc legata dictari ; & sic ea denuo collectis omnibus recenseri : & cum omnes consenserint , tunc demum in sacro nostri numinis consistorio recitari : ut universorum consensus , & nostrae serenitatis authoritate firmetur . scitote igitur , patres conscripti , non aliter in posterum legem a nostra clementia promulgandam nisi supradicta forma fuerit observata . bene enim cognoscimus quod cum vestro consilio fuerit ordinatum id ad beatitudinem nostri imperii et ad nostram gloriam redundare . therefore doubtlesse he deemed the senate the chiefe legislators , as knowing better than himselfe , what conduced to the beatitude of the empire , and to his owne imperiall honour , and never dreamed of any negative voyce annexed to his imperiality , to deny such acts as they once voted for usefull publicke lawes . fifthly , it is cleare , that all acts which give any subsidie , taxes , penalties , or forfaitures to the king , are made onely by the people in parliament , and not principally by the king , since the king cannot be said in any propriety to give any thing to himselfe . this is undenyable by the forme of penning all subsidie bills granted by the commons or clergy . your commons assembled in your high court of parliament , &c. humbly present your majesty with the free and chearefull gift of two entire subsidies , which we humbly beseech your majesty graciously to accept , &c. your majesties faithfull subjects the prelates and clergie , &c. with one agreement and uniforme consent , have given and granted , and by these presents doe give and grant to your highnesse , &c. foure intire subsidies , in manner and forme as followeth . and by the kings assent to these bills , a le roy remercy ses loaulz subjects accept lour benevolence , &c. the commons having the sole power to grant or deny b subsidies and taxes when they see cause , and to limit the proportion of them , the manner and time of paying them ; and to order how and by whom they shall be received and imployed ; as all acts of this nature manifest . if then they be the chiefe law-makers in these acts which lay any imposition upon the subjects goods , or restraint on his person ; then by like reason in all other penall publicke lawes . this is infallibly cleare by the kings * coronation oath ; who sweares , that he will grant , fulfill and defend all right full lawes and customes the which the commons of the realme shall chuse , and shall strengthen and maintaine them after his power . if the commons then are to chuse lawes , and the king by his oath bound to grant , strengthen , maintaine and defend them when chosen by them , then doubtlesse they are the chiefe legislators , not the king ; whence fortescue c. . resolves , that the people of england , are ruled by such lawes as themselves chuse or desire : and that their lawes are their owne , not the kings . seventhly , all acts of parliament made in the reignes of usurpers who have no title to the crowne , nor right to assent to lawes , are c firme and good in law , and shall binde the right heires to the crowne , as is evident by the lawes made by king iohn , henry the , , & . ( reputed usurpers by edward the . ) and richard the . acknowledged an usurper , whose lawes are yet in force . the reason is ( as is cleare by e. . c. . ) because these lawes , and all other judiciall acts in courts of justice , are the acts of the parliament and courts themselves , which are lawfull ; not of the usurping king , who is unlawfull . therefore certainely the legislative power is more in the parliament tha●● in the king , if not wholly in it , there being lawes and kingdomes before kings were . eightly , there are good and binding lawes in many aristocraticall and democraticall states ( as in d venice , the netherlands , geneva , florence , switzerland , and other republickes ) where there are no kings at all : yea , there were such obligatory lawes in bohemia , poland , sweden , spaine , hungary , and other realmes , before they were erected into kingdomes ; which remained in full force , and efficacy , and still bound both king and people after they became kingdomes ; and the e romans , athenians , lacedemonians lawes of old , made under their kings , survived and continued in their vigour , after their kings were abandoned , and the very forme of their states quite altered into an aristocracy ; yea the lawes made by the roman senate and people , continued in force after their emperours were erected ; and the very lex regia ( recorded by f salamonius ) which created , limited , and defined the very prerogative , power and authority of the roman emperours , was made onely by the senate and people , who by that law gave sometimes more authority to one emperour than to another ; and restrained the power of some emperours more than others , and subjecting them to some lawes from which they exempted others ; and therefore doubtlesse were the supreamest law-givers , and the soveraigne power above the emperour ) as g marius salamonius , and * bodin prove at large . and the emperour theodosius is not ashamed to professe as much in his edict to volusianus , in these termes : digna vox majestate regnantis legibvs alligatvm se principem profiteri : ad eo de avthoritate ivris nostra pendet avthorit as : & revera majus imperio est summittere legibus pincipatum . etoraculo praesentis edicti , quod nobis licere non patimvr , aliis indicamus . if then lawes may thus be made where there are no kings , by the peoples joynt consents alone ; if lawes enacted in a state before by consent it be made a kingdome , remaine in force after it is erected into a kingdome , and continue after it ceaseth to be a kingdom , only by and for the people , consenting to them ; as is evident by infinite , examples ; and the people , parliament , senate , have anciently made , and may make lawes even to binde their kings , and soveraignes themselves in points of their prerogative and power ; then doubtlesse they , and not kings are the chiefe soveraigne legislators ; and their royall assents to lawes , are no wayes essentiall to the very being of lawes , but rather a complementall ceremony . ninthly , admit the king should dye without heire , no doubt the kingdome and parliament have a just right either to alter the government , or dispose of the crown to what family they please ( as the constant practise of all kingdomes in such cases manifests , and d bishop bilson himselfe assureth us ; that all nations once members of the roman empire , when the right heires failed , were suffered to elect their governours , where they pleased , as the romans themselves might doe ) and no doubt they may make binding publike lawes during the inter-regnum : as the kingdome and estates of * aragon did during their inter-regnums . yea , if the king be an infant ( as henry the , henry the . edward . . and richard . with other our kings were , when the crowne descended to them ) or non compos mentis , or taken with a dead palsie or apoplexie , or an ideot by birth or age , or a monke professed , ( as e some kings have beene ) or absent in a pilgrimage to rome , or a voyage to the holy land , ( as the * lords and state assembled at the new temple , after the death of king henry the third , during his sonne king edward the . his absence in the holy land , proclaimed him king , swore fealty to him , caused a new seale to be made ; appointed ●it officers and ministers , for the custody of his treasure and peace , and proclaimed his peace throughout the realme ) or other remote foraine parts by reason of warres , as f divers of our kings heretofore have beene ; and so unable personally to consent to lawes ; no doubt in all such cases , the right of creating a protector to execute regall power , summon parliaments , assent to lawes , is onely in the g parliament , which may in these cases make any publicke acts without the kings personall presence or assent ; and the assent ; of the regent or protector , usually created by them , shall as firmely binde the king , as if he had personally consented , as is evident by all the acts of parliament passed during the minority of h henry the third , who was but nine yeares old ; edward the third , who was but thirteen ; richard the second , who was but eleven yeares of age ; henry the sixt , who was but nine moneths old ; edward the sifth , but twelve yeares ; henry the eight not eighteene yeares ; edward the fixt but nine yeares of age , when they began their reignes ; and so uncapable of giving any personall consent to lawes by themselves ( of which they could not judge , but by their protectors , ) and by all acts made in the absence of king i richard the first , edward the , , , . henry the . , , , , . and others out of the realme ; all good and binding lawes , as appeares by h. . c. . which altered , and h. . c. , which declareth the law in these particulars . a cleare demonstration , that the parliament is the most absolute supreame power , and law-giver , not the king. tenthly , the king hath little or no hand in making , but onely in assenting to lawes , when they are made by the houses ; as the usuall forme of passing acts ( le royle veult , the king wills ( or assents to ) it , not before , but after they have passed both houses , imports : which assent of his , if the bils be publike and necessary for the common good , is not meerely arbitrary at the kings will , but the king by oath and duty is bound to give it , and the lords and commons may in justice demand it of meere right , as i shall shew anon . his royall assent then , though it be the last act which compleates bils , and makes them lawes , yet since it is but an assent to a law formerly made by both houses , which he cannot alter in any point : yea , an assent , which the king in honour , law , justice , duty , by vertue of his coronation oath , is bound to give , as appeares by the prefaces of most statutes , the statute of provisours , e. . parl. . e. . and other acts ) it is so farre from proving the king the supreame power and law-giver , that it manifests the contrary , that this power principally resides in both the houses , not the king. eleventhly , the kingdomes soveraignty and supreame jurisdiction above the king is most apparent by those coronation oathes , which parliaments and the kingdome anciently , long before , or at leastwise in king edwards dayes , before and ever since the conquest , have prescribed to our kings ere they would accept of them for their soveraignes , of which i shall give you a short account . before the conquest , i read in n king edward the confessors lawes , not onely the office , but oath of the king of england , ( whom he and bracton oft stiles , gods and christs vicar upon earth ) thus excellently described . a king ought above all things to feare god : to love and observe his commandements , and cause them to be observed through his whole kingdome : he ought also to set up good lawes and customes , such as be wholesome and approved , such as be otherwise , to repeale them and thrust them out of his kingdome . item , he ought to doe iustice and iudgement in his kingdome , by the counsell of the nobles of his realme . all these things ought the king in his owne person to doe , taking his oath upon the evangelists , and the blessed reliques of saints ; swearing in the presence of the whole state of his realme ( as well of the temporalty as of the spiritualty ) before he be crowned of the archbishops and bishops . three servants the king ought to have under him as vassals , fleshly lust , avarice , and greedy desire , whom if be keepe under as his servants and slaves , he shall reigne well and honourably in his kingdome . he must doe all things with good advisement and pre●●e ditation : and that properly belongeth to a king : for hasty rashnesse bringeth all things to 〈◊〉 ; according to the saying of the gospell ; every kingdome divided in it selfe shall be brought to desolution . master o fox informes us , that william the conquerour through the peoples clamour promised to confirme this king edwards lawes , but the most part of them be omitted , contrary to his oath at his coronation . indeed , i finde not in * william of ma●●esbury , henry huntingdon , matthew paris , or westminster , that william the conquerour tooke this oath at his coronation ; but onely , that he was received by the clergie and people at london in great triumph , & ab omnibus rex acclamatus , and proclaimed king by them all , and then crowned : but roger de hoveden , and daniel out of him , are expresse in point ; that according to the accustomed forme , the bishops and barons of the realme tooke their oathes , to be his true and loyall subjects ; and he reciprocally , being required thereunto by aldred , arch-bishop of yorke , who crowned him , made his personall oath before the altar of the apostle saint peter , in the presence of the clergy and people ; that he would defend the holy churches of god , and the rectors of the same : likewise that he would govern all the people subject to him justly , and with royall providence : rectam legem statuere et tenere , ( which referres to future lawes ) that he would establish and observe righteous lawes ; and that he would utterly prohibit rapines , and unjust judgements . nor did he claime any power by conquest , but as a regular prince submitted himselfe to the orders of the kingdome ; desirous to have his testamentary title ( howsoever weake ) to make good his succession , rather than his sword ; the flattery of the time onely giving him the title of conquerour afterwards ; but himselfe not claiming it . but william soone after forgetting this his solemne oath , did ( as * speed with others write ) abrogate for the most part , the ancient lawes of the land , and introduce new hard lawes of his owne , written in the norman tongue , which the people understood not , and the iudges wrested at their pleasures , to the forfeiture of goods , lands , life . hereupon the nobility and natives , seeking to cast off these snares and fetters of his lawes , set up edgar atheling for their king and generall once again , & fell into a new conspiracy , raising great forces , & resolving to make the sword their judge . the king hereupon by lanfrankes advise , who as rehoboams sages , gave him counsell , somewhat to beare with their abuses , rather than hazard the ruine of all in fight , appointed a meeting at berkhamsteed , anno . where the king entring parley with the english nobility , did so farre winde himselfe into their good opinions , that they all forthwith laid downe their weapons . and he for his part fearing to lose the crowne with shame , which he had gotten with effusion of so much blood , gave his oath upon the holy evangelists , and the reliques of saint albane the martyr ( the same being ministred to him by abbot fredericke ) swearing to observe , and inviolably to keepe the ancient lawes of this land , and most especially those compiled by king edward the confessor ; though ( as the event soone shewed ) he little meant to doe as he promised . peace thus established ; this conference ended , and the kings oath received , the english armies disband themselves , as dreaming they had now good fortune by the foote , and hoping the greatest stormes of their dangers were past ; which presently proved but a vaine surmise . for king william having compounded with the danes , began extreamely to hate the english nobles , and with full resolution of their destruction , suddenly set upon them apart , which hee durst not attempt when they were united ; so that * slaying many , imprisoning others , and persecuting all of them with fire and sword , well was he that could be first gone . such little faith , or assurance is there in the solemne oathes and protestations of kings to their subjects ; which are seldome really performed , and intended onely as snares to intrap them , if they confide and rely upon them without any better security . a after the death of william the conquerour , william rufus his younger sonne , in the absence of robert the elder brother , hastens into england , to obtain the crown ; and finding the greatest part of the nobles against him ; he gave his solemne oath and faith to lanfranke arch-bishop of canterbury his tutor , that if they would make choise of him for their king , he would abrogate the over-hard lawes of his father , and promise to observe justice , equity and mercy throughout the kingdome in every businesse , and defend the peace and liberty of the church against all men ; and ease them of all hard taxes . upon which conditions , volentibus omnibus provincialium animis , by the voluntary consent and voyces of all , he was chosen and crowned king. which promise and oath he soone after brake ; saying , who is it that can fulfill his promises ? whereupon many of the nobles , levyed warre against him , adopting robert his elder brother king. b william rufus dying , henry the first his younger brother , in the life of robert the right heire assembling all the clergy and people together to london , to procure their favour and love to chuse him for their king and patron , he promised the reformation of those lawes , by which england had beene oppressed in the reignes of his father and brother . to which the clergy and nobles answered ; that if hee would with a willing minde reforme those rigorous lawes , remit the taxes imposed upon the subjects , and by his charter confirme those ancient lawes and customes which flourished in the kingdome in the time of holy king edward , they would unanimously consent to him , and consecrate him for their king. which he willingly assenting to , and affirming with an oath that he would performe ; he was by the assent both of clergy and people consecrated king at westminster , promising by oath , to confirme king edwards lawes , and renounce all oppression ; in pursuance whereof as soone as he was created , he by his charter confirmed and reformed divers lawes for the ease and benefit of his subjects , recorded at large by matthew paris , speed , and others . the beginning of this charter is observable . henry by the grace of god , of england , &c. know ye , that by the mercy of god , and common counsell of the barons of the kingdome of england , i am crowned king. and because the kingdome was oppressed with unjust exactions , i , out of respect to god , and the love i beare towards you all , make the church of god free , &c. and all the evill customes wherewith the kingdome of england was unjustly oppressed , i take from thence , which evill customes i here in part set downe . and in the end of his charter , he confirmed and restored to them king edwards lawes , with those amendments of them which his father made by the consent of his barons . after which , those lawes of his were published through all england , and ranulph bishop of durham banished the court and committed to the tower , for his oppression , bribery , and other crimes . henry deceasing c maude the empresse his right heire ( to whom the prelates and nobles had sworne fealty in her fathers life time ) was put by the crowne by the prelates and barons ; who thought it basenesse for so many and great peeres to be subject to a woman , and that they were freed of their oath by her marrying out of the realme , without their consents , and stephen earle of mortaine ( who had no good title ) assembling the bishops and peeres at london , promising to them an amendment of the lawes according to all their pleasures and liking , was by them all proclaimed king ; whereupon they all tooke their oathes of allegiance to him , conditionally ; to obey him as their king ; so long as hee should preserve the churches liberties , and keepe all covenants , and confirme them with his charter ; according to the old proverbe ; quamdiu habebis me pro senatore , & ego te pro imperatore . all this the king at his coronation swore , and promised to god , the people , and church to performe . and presently after going to oxford , he ( in pursuance of his oath ) there sealed his fore-promised charter of many indulgent favours : the summe whereof was this . that all liberties , customes , and possessions granted to the church , should be firme and in force ; that all bad usages in the land touching forests , exactions , and annuall taxes which his ancestors usually received , should be eternally abolished ; the ancient lawes restored ; prefacing therein , d that he obtained the crowne by election onely ; haec autem specialiter , & alia multa generaliter , se servaturum juravit ; sed nihil horum quae deo promiserat , observavit , write matthew paris , hoveden , and huntindon . pene omnia perperam mutavit , quasi ad hoc tantum jurasset , ut praevaricatorem sacramenti se regno toti ostenderet , saith malmesbury . * granting those immunities rather to blinde their eyes , than with any purpose to manacle his owne hands with such parchment chaines : such faith is to be given to the solemnest oathes of kings . but this his perjury was like to cost him his crowne , his prelates and peeres thereupon revolting unto maude . the form of king henry the second his oath i finde not ; onely i read e that upon his coronation he caused the lawes to be reformed , by advise of discreet men learned in the law , and by his proclamation commanded , that the good lawes of his grand-father henry should be observed and firmely kept throughout the realme . wherefore it is probable , he tooke the same oath that he did . f richard the first , succeeding , at his coronation in westminster church comming to the high altar , before the clergy and people tooke this solemne oath upon the holy evangelists , and many saints reliques . . that all the dayes of his life he would be are peace , honour , and reverence to god , and holy church , and the ordinances thereof . . that to the people committed to his charge , he would exercise right , iustice and equity . . that he would abolish naughty laws and customes if any were brought upon his kingdome ; and would enact good lawes , and thesame in good sort keepe , and without mal-engin . which oath most solemnely taken , baldwin arch-bishop of canterbury , standing at the altar , forbad him in the name of almighty god , to assume that honour , unlesse he had a full purpose to keepe what he had sworne ; whereunto richard assenting , and promising by gods helpe to performe all the premises without fraud ; with his owne hand humbly taking the imperiall crowne from the altar , delivered it to the archbishop , who set it on his head . g king richard deceasing , iohn his younger brother , to put by arthur the next heire to the crowne , came speedily out of normandy into england ; where the great assembly at northampton , to preserve their rights and liberties , were content to accept of him for their king , to yeeld fealty , and keepe faith and peace to king iohn upon condition onely , if he would restore to every of them their rights ; which , he afterwards violating it , was the occasion of great dissentions . comming to london to be crowned , hubert archbishop of canterbury , ( the pillar of the common-wealths stability , and incomparable for deepe reaching wisedome ) steps forth in the midst of all the bishops , lords , barons , and others there assembled at his coronation , and spake thus unto them . heare yee all , you are in discretion to know , that no man hath right , or any other fore-title to succeed another in a kingdome * unlesse first ( with invocation for grace , and guidance of gods spirit ) he be by the body of the kingdome thereunto chosen , and be indeed some choyce man , and picked out for some eminency of his vertues , according to the example and similitude of saul the first anointed king , whom god set over his people , though neither the sonne of a king nor of any royall descent . so after him likewise david the son of iesse ; the one for being valorous , and a person fitting royall dignity , the other for being holy and humble minded . to shew , that whosoever in a kingdome excelleth all in valour and vertue , ought to surmount all in rule and authority : yet so , as that , if any of the of-spring of a deceased king surpasseth others , it is fit joyntly to consent in election of such a one . this therefore we have spoken in favour of eminent earle john , who is present , the brother of our most illustrious king richard now deceased , wanting an heire of his body ; whom being provident , valiant , and truely noble , we having invocated the grace of the holy spirit , have all unanimously elected , as well in regard of his merits , as of his royall blood. neither durst any doubt or demurre on these things , knowing that the arch-bishop had not thus defined without cause . wherefore earle iohn , and all men approving this speech , they elected and assumed the earle for their king , and cryed out saying , let the king live . but the arch-bishop being afterwards demanded , why he had spoken these things ? answered , that he was assured by some divining foresight , that king john would worke the ruine of the kingdome , corrupt the crowne , and precipitate it into great confusion . and that he might not have the reines free to doe this , he ought to be chosen by election , not by succession . king iohn at this his coronation was involved in a threefold oath : namely , that hee should love holy church and its ministers , and preserve it harmelesse from the incursion of malignants ; that abolishing perverse lawes , he should substitute good ones , and exercise right judgement in the kingdome of england . after which he was adjured by the arch-bishop , in the behalfe of god , and strictly prohibited , not to presume to accept this honour unlesse he fully purposed in his minde , actually to fulfill what he had sworne . to which he answering , promised that by gods assistance he would bona fide keepe those things which he had sworne . after which he rightly setled the affaires of england by the counsell of his nobles , and then passed over into normandy . but how ill he kept this his oath , with others of this nature ; and how he violated the statutes of magna charta and de foresta , which he had confirmed with his hand , seale , oath , proclamations , the bishops excommunications , yea , the popes bull , within three moneths after he had confirmed them , and procured a dispensation of his oath , an abrogation of these lawes from the pope , making bloody warres upon his barons and subjects ( who confiding to those confirmations and royal promises expected no such strange performances ) spoyling , robbing , destroying his people every where , in the selfe-same manner as we now are plundered ; * the histories of his life too manifestly relate ; which oft put his crown in danger of utter losse , lewis of france being crowned king by the barons in his stead , who renounced their allegiance to him , for his perjuries and breach of faith and making warre upon them . iohn departing this life , his son henry being but . yeares old , was proclaimed king , through the perswasion of the earle marshall and of pembroke ( afterwards made his protector , ) who informed the lords and commons , h that though king iohn for his evill demeanours deserved their persecution and losse of his cowne , yet his young child , tender in yeares , was pure and innocent from his fathers doings . wherefore sith every man is to be charged with the burthen of his owne transgressions , neither shall the childe ( as scriptures teach ) beare the iniquity of his fathers , they ought of duty and conscience , to beare themselves mildly towards this tender prince , and take compassion of his age . and for as much as he was iohns naturall and eldest sonne , and ought to be their soveraigne , let us with one joynt assistance appoint him our king and governour , let us reneunce from us lewys the french kings sonne , and suppresse his people , which are a confusion and shame to our nation , and the yokes of their servitude let us cast from our shoulders . upon which perswasion● henry was presently proclaimed and crowned king at glocester : and though he were but an infant , yet being i set before the high altar , he swore before the clergy and people upon the holy evangelists and divers saints reliques , ioceline bishop of bath dictating the oath ; that he would beare honour , peace and reverence to god , to holy church and priests , all the dayes of his life . he likewise swore , that he would maintaine right justice among the people committed to his charge ; and that he would blot out ill lawes and unjust customes , if there should be any in the kingdome , and observe good ones , and cause them to be kept by all men : how well he observed this solemne oath , with many others of like nature made to his lords and subjects , for confirmation of magna charta , and their liberties , k matthew paris will informe us ; who writes , that the king in all his oathes and promises did so farre transgresse the bounds of truth , that the prelates and lords knew not how to hold this proteus , the king ; for where there is no truth , there can be no fixed confidence : that though be sometimes humbled himselfe , confessing that he had beene often bewitched by ill counsell , and promised with a great oath solemnely taken upon the altar and coffin of saint edward , that he would plainely and fully correct his former errors , and graciously condescend to his naturall subjects good counsell ; yet his frequent preceding breaches of oathes and promises , se penitus incredibilem reddiderunt , made him altogether incredible , so that ( though he usually heard three masses every day , but seldome any sermons ( as l walsingham notes ) yet none would afterwards beleeve him , but ever feared and suspected his words and actions , and to avoid the infamy of perjury , which he feared , he sent to the pope to absolve him from his oathes he repented of , who easily granted him an absolution . such faith , such assurance is there in the oathes , the protestations of princes to their subjects ; whose politicke capacities oft times have neither soule nor conscience , and seldome keepe any oathes or promises , no further than it stands with their owne advantages , reputing onely pious frauds , to over-reach and intrap their credulous people . this perfidiousnesse in the king , made his long reigne full of troubles , of bloody civill warres , and oft times endangered the very losse of his crowne and kingdome , as our historians informe us , for which he repented and promised amendment at his death . m bracton an antient lawyer in this kings daies , writes . that the king in his coronation ought by an oath taken in the name of iesus christ , to promise these three things to the people subject to him . first , that he will command and endeavour to his power , that true peace shall be kept to the church and all christian people in his time . secondly , that he will prohibit rapines ( or plunderings ) and all iniquities , in all degrees . thirdly , that in all judgements he will command equity and mercy , that so god who is gracious and mercifull may bestow his mercy on him , and that by his justice all men may enjoy firme peace . for ( saith he ) a king is sacred and elected ( to wit , by his kingdome ) for this end , to doe justice unto all ; for if there were no justice , peace would be easily exterminated , and it would be in vaine to make lawes , and doe justice unlesse there were one to defend the lawes , &c. the forme of the kings coronation & oath ever since edward the second hath beene this , and is thus administred . p the metropolitan or bishop that is to crowne the king , with a meane and distinct voyce shall interrogate him , if he will confirme with an oath the lawes and customes granted to the people of england , by ancient , just , and devout kings towards god , to the same people , and especially the lawes , and customes , and liberties granted by glorious king edward to the clergie and people . and if he shall promise that he will assent to all these ; let the metropolitan or bishop expound to him , what things he shall sweare , saying thus . thou shalt keepe to the church of god , to the clergie and people , peace intirely , and concord in god , according to thy power ; the king shall answer , i will keepe it . thou shalt cause to be done in all thy judgements , equall and right justice , and discretion , in mercy and verity , according to thy power : he shall answer ; i will doe it . thou grantest just lawes and customes to be kept , and thou dost promise . that those lawes shall be protected and confirmed by thee to the honour of god , quas vulgus elegerit , which the people shall chuse , according to thy power : he shall answer ; i doe grant and promise . and there may be added to the foresaid interrogations , what other things shall be just . all things being pronounced , he shall with an oath upon the altar presently taken before all , confirme that he will observe all these things . there hath beene a late unhappy difference raised betweene the q king and parllament about the word elegerit ; the parliament affirming the word to signifie , shall chuse ; according to sundry written rolles and printed copies in latine and french ; the king on the contrary arffiming , it should be hath chosen ; but he that observes the words of these ancient oathes : populo tibi commisso rectam justiciam exercebis , malas leges & iniquas consuetudines , si aliquae fuerint in regno tu● , delebis , & bonas observabis , all in the future tence : and the verbes , serva●is , facies fieri , protegend●s , corroborandas in the former and same clauses of the oath now used , all of them in the future , with the whole scope , intent and purport of this part of the oath , must necessarily grant , shall chuse , to be the true reading ; and that it referres to the confirmation of * future lawes , to be afterwards made in parliament , not to those onely in being when the oath was administred ; else kings should not be obliged by their oathes , to keepe any lawes made after their coronations by their owne assents , but onely those their predecessors assented to , not themselves , which were most absurd to affirme . but because i have largely debated this particular , and given you an account of our kings coronation oathes from king richard the seconds reigne downeward , in my following discourse , and debate of the kings pretended negative voyce in passing bils in parliament , i shall proceed no further in this subject here . from these severall oathes and passages , the usuall forme of the nobles proclaiming such and such kings of england , the r fore-cited histories ; the manner of our kings coronation thus expressed in the close roll of r. . n. . afterwards the archbishop of canterbury having taken the corporall oath of our lord the king , to grant and keepe , and with his oath to confirme the lawes and customes granted to the people of the kingdome of england , by ancient , just , and devout kings of england , the progenitors of the said king , and especially the laws , customes and freedomes granted to the clergy and people of the said kingdome , by the most glorious and holy king edward , to keepe to god and the holy church of god , and to the clergy and people , peace and concord in god entirely , according to his power , and to cause equall and right iustice to be done , and discretion in mercy and truth , and also to hold and keep the just lawes and customes of the church ; and to cause that by our said lord the king they should be protected , and to the honour of god corroborated , which the people should justly and reasonably chuse to the power of the said lord the king : the aforesaid archbishop , going to the foure sides of the said scaffold , declared and related to all the people , how that our lord the king had taken the said oath , inquiring of the same people , if they would consent to have him their king and liege lord ? who with one accord consented thereto . which * thomas of walsingham who relates the whole forme of this kings coronation thus describeth . quibus completis , archiepiscopus praecedente eo marescallo angliae henrico percy , convertit se ad omnes plagas ecclesiae , indicans populo regium juramentum & quaerens si se tali principi ac rectori subjicere , & ejus jussionibus obtemperare vellent , et resonsumesta plebe resono clamore , quod lubenter sibi parere vellent . which custome both before and since hath been constantly in this land observed at the coronation of our kings : from all these i say it is apparent : first , that popish parliaments , peeres , and subjects , have deemed the crowne of england not meerely successive and hereditary , though it hath usually gone by descent , but arbitrary and elective , when they saw cause , many of our kings comming to the crowne without just hereditary title , by the kingdomes , peeres , and people free election onely confirmed by subsequent acts of parliament , which was then reputed a sufficient right and title ; by vertue whereof they then reigned and were obeyed as lawfull kings , and were then and yet so acknowledged to be ; their right by election of their subjects ( the footsteps whereof doe yet continue in the solemne demanding of the peoples consents at our kings inaugurations ) being seldome or never adjudged an illegall usurpation in any parliaments : whence the statute of e. . c. . & e. . f. , declares king henry the . . and . to be successively kings of england indeed , and not of right , yet not usurpers because they came in by parliament . onely richard the third , ( who treacherously murthered edward the . his soveraigne , and violently usurped his crowne , at first , before any parliament gave it him , compelling the lords and commons afterwards to elect him king out of feare , after his slaughter in bosworth field , ) was declared an usurper by act of parliament hen. . c. . and so adjudged to be by h. . f. . see e. . c. &c. e. . f. , . and henry the . had the crown set upon his head in the field , by my lord stanly , as though ( saith s grafton ) he had been elected king by the voyce of the people , as in ancient times past in divers realmes it hath been accustomed . secondly , that those kings who have enjoyed the crown by succession , descent , or election , have still taken it upon the conditions and covenants contained in their coronation oathes ; which if they refused to sweare to the peeres and people , really and bona fide to performe , they were not then to be crowned or received as kings , but adjured in the name of god to renounce this dignity . and though in point of law , t those who enjoy the crowne by succession , be kings , before their coronations ; yet it is still upon those subsequent * conditions both contained in their coronation oathes , which impose no new but onely ratifie the old conditions in separably annexed to the crown by the common law , ever since edward the confessors daies , and long before , as father * littleton resolves , ( the office of a king being an office of the greatest trust of any other , which the common law , binds the king well and lawfully to discharge , to doe that which to such office belongeth to doe ) as the oathes of all our kings to their people ; really to performe these articles and conditions , fully demonstrate . thirdly , that these oathes are not meerely arbitrary or voluntary at the kings pleasure , to take or refuse them if he will , but necessary and inevitable , by the law , and constant usage of the realm , yea of all v christian most pagan realms whatsoever , which prescribe like oathes to their kings . from a●l which i may firmely conclude , that the whole kingdome and parliament are the supreame soveraigne authority , and paramount the king , because they * may lawfully , and d●e usually prescribe such conditions , termes , and rules of governing the people to him , and bind him thus by oath , faithfully to perform the same , as long as he shall continue king ; which oath our kings usually tooke , or at least faithfully promised to take to their subjects in ancient times , before ever they did or would take an oath of fealty , homage or allegiance to them , as the premises evidence , & claus. rot. r. . m. . tenthly , our parliaments and kingdome anciently in times of popery , and paganisme have both challenged and exercised a supreame power over the crowne of england it selfe , to transferre it from the right heire , and setle it on whom themselves thought meete to elect for their king ; and likewise to call their kings to an account for their mis-government , and breach of oath to the prejudice of their people , so farre as to article against them , and either by force of armes , or a judiciall sentence in parliament , actually to depose them , and set up others in the throne , as the * fore-cited presidents , ( of archigallo , emerian , two ancient brittish kings , of edwin king of mercia , and others deprived of all honour and kingly dignity , by the unanimous consent of their subjects for their tyranny , oppression , male-administration , vicious lives , and others elected and made kings in their places ) evidence , which acts of theirs they then reputed just and legall . i shall cite you onely two presidents of this kind , which have meere relation to parliaments . the first is that of * king edward the second , who being taken prisoner by his queen , sonne , nobles , for his male-administration ; the queen , with her sonne by the advice of her councell , summoned an high court of parliament at westminster in the kings name , which began the day of january , an. . in which assembly it was declared , that this realm could not continue without an head and governour , and therefore first , they agreed to draw into articles the mis-government of the king that was in prison , and all his evill doings , which he had done by evill and naughty counsell . and when the said articles were read and made knowne to all the lords , nobles , and commons of the realme , they then consulted how the realme should be governed from thenceforth . and after good deliberation , and consultation of the foresaid articles of the kings evill government , they concluded : that such a man was not worthy to be a king , nor to we are a crowne royall . and therefore they all agreed , that edward his eldest sonne , who was there present , and was rightfull heire , should be crowned king in stead of his father , so that he would take about him sage , true , and good councell , and that from thenceforth the realm might be better governed then before it had been . and it was also agreed , that the old king his father should be well and honestly kept as long as he lived , according to his estate . all these things concluded , they elected his son edward king in the great hall at westminster , with the universall consent of the people there present ; and the archb. of canterbury thereupon makes there a sermon on this text , vox populi , vox dei : exhorting the people , to invoke the king of kings for him they had then chosen . it was further ordered and agreed , that during the parliament time , a solemne message should be sent to the king to kenelworth castle , ( where he was kept prisoner ) to declare unto him not only the determination of the three estates concerning his deposing from the kingdome , but also to resigne unto him in the name of the whole realme , all their homage that before time they had done him : and to doe this message , there was certaine select persons chosen by the parliament , namely , the bishops of winchester , hereford , and lincoln , two earles , two abbots , foure barons , two iustices , three knights for every county , and for london , the cinqueports , and other cities and burroughes , a certaine chosen number , with the speaker of the parliament , whose name was sir william tr●ssell : who comming into the kings presence told him , that the common-weale had received so irr● concileable dislikes of his government , the particulars whereof had been opened in the assembly at london , that it was resolved never to indure him as king any longer . that notwithstanding , those dislikes had not extended themselves so farre , as for his sake to exclude his issue , but that with universall applause and joy , the common-weale had in parliament elected his eldest sonne , the lord edward for king . that it would be a very acceptable thing to god , willingly to give over an earthly kingdome for the common good and quiet of his country , which they said could not otherwise be secured . that yet his honour should be no lesse after his resignation then before it was ; onely him the commonweale would never suffer toraigne any longer . they finally told him , that unlesse he did of himselfe renounce his crowne and scepter , the people would neither endure him , nor any of his children as their soveraigne ; but disclaiming all homage and fealty , would elect some other for king , who should not be of the blood . this message strucke such a chilnesse into the king , that he fell groveling to the earth in a swoun ; which the earle of leicester and bishop of winchester beholding , run unto him , and with much labour recovered the halfe dead king , setting him on his feet : who being come to himselfe , the bishop of hereford running over the former points , concludes , saying , as in the person of the commonwealth , that the king must resigne his diadem to his eldest sonne ; or , after the refusall , suffer them to elect such a person as themselves should judge to be most fit and able to defend the kingdome . the dolorous king having heard this speech , brake forth into sighes and teares , & made at the last this answer , to this effect , that he knew , that for his many sinnes he was fallen into this calamity , and therefore had the lesse cause to take it grievously . that he much sorrowed for this , that the people of the kingdome were so exasperated against him , as that they should utterly abhor his any longer rule and soveraignty : and therefore he besought all that were there present , to forgive and spare him being so afflicted . that neverthelesse it was greatly to his good pleasure and liking , ( seeing it could none other be in his behal●e ) that his eldest sonne was so gracious in their sight , and therefore he gave them thanks for chusing him their king. this being said , then was a proceeding to the short ceremonies of his resignation , which principally con●isted in the surrender of his diadem and ensignes of majesty to the use of his sonne the new king. thereupon sir william trussell the speaker , on the behalfe of the whole realm , renounced all homage and allegiance to the said edward of carnarvan , late king , in these words following , i william trussell , in the name of all men of this land of england , and of all the parliament procurator , resigne to thee edward the homage that was sometimes made unto thee , and from this time now forward i defie thee , and depriue thee of all royall power , i shall never be attendant to thee as king after this time . after which king edward the third being solemnly crowned , proclaimed his peace to all his people in these words : edward by the grace of god , king of england , lord of ireland , and duke of aqui●ane , to n. n. our sheriffe of s. greeting : because the lord edward our father , late king of england , by the common counsell and assent of the prelates , earls , barons , and other the chiefe men and whole commonaltie of the kingdom , did voluntarily remove himselfe from the government thereof ; willing and granting that we , as his eldest sonne and heire , should take upon us the rule and regiment of the same : and we , with the counsell of the prelates , earls , and barons aforesaid , yeelding therein to our fathers good pleasure and will , have taken upon vs the governanse of the said kingdome , and as the manner is , have received the fealties and homages of the said prelates and peeres . we therefore desirous that our peace for the quiet and calme of our people should be inviolably observed , do will and command you , that presently upon sight of these presents , you cause our peace to be proclaimed throughout your bayli-wick , forbidding all and every one on our behalfe , under paine and perill of disinheritance , and losse of life and limbs , not to presume to violate or infringe our said peace , but that every one pursue or follow his actions and complaints without any manner of outrage , according to the laws and customs of our kingdome : for we are ready and alwayes will be , to administer full right to all and singular complaints , as well of poore as rich , in our courts of iustice. the second * president is , that of king richard the second , who being taken prisoner by henry duke of lancaster , an. . the duke soone after , on the thirteenth of september called a parliament in the kings name , wherein was declared , how unprofitable king richard had been to the realme during his reigne , how he subverted the lawes , p●lled the people , ministred iustice to no man , but to such as pleased him . and to the intent the commons might be perswaded , that he was an unjust and unprofitable prince , and a tyrant over his subjects , and therefore worthy to be deposed ; there were set forth certaine articles ( to the number of . or . as some record ) very hainous to the eares of many : some whereof i have * formerly recited , and the residue you may read in hall , grafton , haywood , trussell , and others . after which richard was charged with the foresaid articles , there was an instrument made declaring his answers , and how he consented willingly to be deposed ; the tenor of which instrument was as followeth . this present instrument made the munday the . day of september , and feast of saint michael , in the yeere of our lord god , . and the . yeere of king richard the second , witnesseth that where by the authority of the lords spirituall and temporall of this present parliament , and commons of the same , the right honourable , and discreet persons hereunder named , were by the said authority assigned to goe unto the tower of london , there to heare and testifie such questions and answers as then and there should be by the said honourable and discreet persons heard . know all men to whom these present letters shall come , that we , sir richard scroop archbishop of york , iohn bishop of hereford , henry earle of northamberland , ralfe earle of westmerland , thomas lord of barkly , william abbot of westminster , iohn prior of canterbury , william thirning , and hugh burnell knights , and iohn markham justice , thomas stowe , and iohn burbage doctors of the law civill , thomas fereby and denis lopham notaries publike , the day and yeer abovesaid , betweene the houres of eight and nine of the clock before noone , were present in the chiefe chamber of the kings lodging within the said place of the tower , where was rehearsed to the king by the mouth of the foresaid e. of northumb. that before time at conway in north wales , the king being there at his pleasure and liberty , promised unto the archbishop of canterbury , then thomas arundell . and unto the said earle of northumberland , that for insufficiency which he knew himselfe to be of , to occupie so great a charge as to governe this realm of england , he would gladly leave off , and renounce the right and title , as well of that , as of his title to the crowne of france , and his majestie , unto henry duke of hertford ; and that to doe in such convenient wise , as by the learned men of this landit should most sufficiently be by them devised and ordained . to the which rehearsall the king in our said presences answered benignly and said , that such promise he made , and so to the same he was at that houre in full purpose to perform and fulfill , saving that he desired first to have personall speech with the said duke , and with the archbishop of canterbury his couzens : and furthermore , he desired to have a bill drawn of the said resignation , that he might be made perfect in the rehearsall thereof . after which copy by me the said earle delivered , we the said lords and others departed . and upon the same afternoone the king desired much of the comming of the duke of lancaster , at the last the said duke , with the archbishop of canterbury , entred the foresaid chamber , bringing with them the lord ros , the lord burgeiney , & the lord willoughbie , with divers others : where after due obeysance done by them unto the king , he familiarly and with a glad countenance to us appearing , talked with the said archbishop and duke a good season . and that communication finished , the king with a glad countenance in presence o● us , and the other above rehearsed , said openly , that he was ready to renounce and resigne all his kingly majestie in manner and forme as he before seasons had promised : and although he had and might sufficiently have declared his renouncement by the reading of another meane person , yet he for the more surety of the matter , and for the said resignation should have his full force and strength , he therefore read the scroll of resignation himselfe in manner and forme as followeth . in the name of god , amen . i richard by the grace of god , king of england and of france , and lord of ireland , acquit and assoile all archbishops , bishops , and other prelates secular or religious , of what dignity , degree , state , or condition that they be of ; and also all dukes , marquesses earles , barons , lords , and all mine other liege men both spirituall and secular , of what manner of name or degree they be from their oath of fealty and homage , and all other deeds and priviledges made unto me , and from all manner of bonds of allegeance and regality or lordship , in the which they were or be bound to me , or in any otherwise constrained , and them their heires and successours for evermore from the same bonds and oaths i release , deliver , acquit , and let them for ever be free , dissolved and acquit , and to be harmlesse for so much as belongeth to my person , by any manner way or title of right that to me might follow of the foresaid things or any of them : and also i resigne all my kingly dignity , majesty , and crowne , with all the lordships , power , and priviledges to the foresaid kingly dignity and crown belonging , and all other lordships and possessions to me in any manner of wise pertaining , what name or condition they be of , out take the lands and possessions for me and mine obite purchased and bought . and i renounce all right and colour of right , and all manner of title of possession and lordship which i ever had or have in the same lordships and possessions , or any of them , or to them , with any manner of rights belonging or appertaining unto any part of them : and also the rule and governance of the same kingdome and lordships , with all ministrations of the same , and all things , and every of them , that so the whole empire and iurisdictions of the same belongeth of right , or in any wise may belong : and also i renounce the name , worship , and r●gality , and kingly highnesse , cleerly , freely , singularly , and wholly in the most best manner and forme that i may , and with deed and word i leave off and resigne them , and go from them for evermore , saving alway to my successors kings of england , all the rights , priviledges and appurtenances to the said kingdome and lordships abovesaid belonging and appertaining : for well i wote and acknowledge , and deem my selfe to be and have bin unsufficient and unable , and also unprofitable , and for mine open deserts not unworthy to be put down : and i sweare upon the holy evangelists here presently with my hands touched , that i shall never repugne to this resignation , dimission , or yeelding up , nor never impugne them in any manner by word or by deed , by my selfe , nor by none other ; nor i shall not suffer it to be impugned in as much as in me is , privily nor apart : but i shall have , hold , and keep this renouncing , dimission , and leaving up for firme and stable for evermore in all and in every part thereof , so god me helpe and all saints , and by this holy evangelist by me bodily touched and kissed : and for more record of the same , here openly i subscribe and signe this present resignation with mine owne hand . and forthwith in our presences , and other , subscribed the same , and after delivered it to the archbishop of canterbury , saying , that if it were in his power , or at his assignment , he would that the duke of lancaster there present should be successour and king after him . and in token thereof , he took a ring of gold from his finger , being his signet , and put it upon the said dukes finger , desiring and requiring the archbishop of yorke , to shew and make report unto the lords of the parliament of his voluntary resignation , and also of his intent and good minde that he bare toward his cousin the duke of lancaster , to have him his successour and king after him . and this done , every man took their leave , and returned to their own . upon the morrow following , being tuesday , and the last day of september , all the lords spirituall and temporall , with also the commons of the said parliament , assembled at westminster , where , in the presence of them , the archbishop of yorke , according to the kings desire , shewed unto them seriously the voluntary renouncing of the king , with also the favour which he ought unto his cousin the duke of lancaster for to have him his successour : and over that shewed unto them the scedule or bill of renouncement , signed with king richards hand . after which things in order by him finished , the question was asked first of the lords , if they would admit and allow that renouncement ? the which when it was of the lords granted and confirmed , the like question was asked of the commons , and of them in like manner affirmed . after which admission it was then declared , that notwithstanding the foresaid renouncing so by the lords and commons adm●tted , it were needfull unto the realme , in avoiding of all suspicions and surmises of evill disposed persons , to have in writing and registred the manifold crimes and defaults before done by the said richard late king of england , to the end that they might be first openly shewed to the people , and after to remain of record among the kings records . the which were drawn and compiled , as before is said , in . articles , and there shewed readie to be read : but for other causes then more needfull to be preferred , the reading of the said articles at that season were deferred and put off . then forsomuch as the lords of the parliament had well considered this voluntary renouncement of king richard , and that it was behovefull and necessary for the weale of the realme to proceed unto the sentence of his deposall , they there appointed by authority of the states of the said parliament , the bishop of saint asse , the abbot of glastenbury , the earle of glocester , the lord of barkley , william thyrning justice , and thomas erpingham ▪ and thomas gray knights , that they should give and beare open sentence to the kings deposition : whereupon the said commissioners laying there their heads together , by good deliberation good counsell and advisement , and of one assent agreed among them , that the bishop of saint asse should publish the sentence for them , and in their names , as followeth . in the name of god , amen . we john bishop of saint asse or assenence , john abbot of glastenbury , richard earle of glocester , thomas lord of barkley , william thyrning iustice , thomas erpingham and thomas gray knights , chosen and deputed speciall commissaries by the three estates of this present parliament , representing the whole body of the realme , for all such matters by the said estates to us committed ; we understanding , and considering the manifold crimes , hurts , and harmes done by richard king of england , and misgovernance of the same by a long time , to the great decay of the said land , and utter ruine of the same shortly to have been , ne had the speciall grace of our lord god thereunto put the sooner remedie , and also furthermore adverting the said king kichard , knowing his own insufficiency , hath of his own meere voluntarie and free will renounced and given up the rule and government of this land , with all rights and honours unto the same belonging , and utterly for his merits hath judged himselfe not unworthy to be deposed of all kingly majesty and estate royall , we , the premisses well considering , by good and diligent deliberation , by the power , name , and authoritie to us as aboue is said committed , pronounce , discerne , and declare the same king richard before this to have beene , and to be unprofitable , unable , unsufficient , and unworthy to the rule and governance of the foresaid realms , lordships , and all other app●rtenances to the same belonging : and for the same causes we depriue him of all kingly dignitie and worship , and of any kingly worship in himselfe . and we depose him by our sentence definitiue , forbiding expresly to all archbishops , bishops , and all other prelates , dukes , marquesses , earles , barons , and knights , and to all other men of the aforesaid kingdom and lordships , or of other places belonging to the same realmes and lordships , subjects and lieges whatsoever they be , that none of them from this time forward , to the foresaid richard as king and lord of the foresaid realmes and lordships , be neither obedient nor attendant . after which sentence thus openly declared , the said estates admitted forthwith the same persons for their procurators , to resigne and yeeld up to king richard all their homage and fealty which they have made and ought unto him before times , and for to shew unto him , if need were , all things before done that concerned his deposing . the which resignation a● that time was spared , and put in respite till the morrow next following : and anon , as this sentence was in this wise passed , and that by reason thereof the realme stood void without head or governour for the time , the said duke of lancaster rising from the place where he before sate , and standing where all might behold him , he meekly making the signe of the crosse upon his forehead and upon his breast , after silence by an officer was commanded , said unto the people there being , these words following : in the name of the father , sonne , and holy ghost , i henry of lancaster claime the realme of england and the crowne , with all the appurtenances , as i that am descended by right line of the blood , comming from that good lord king henry the third , and through the right that god of his grace hath sent to me , with the helpe of my ki●●e and of my friends to recover the same , which was in point to be undone for default of good governance and due iustice. after which words thus by him uttered , he returned & set him down in the place where he before had sitten . then the lords perceiving and hearing this claim thus made by this noble man , either of them frained of other what he thought ; and after a distance or pause of time , the archbishop of canterbury having notice of the lords minde , stood up and asked the commons if they would assent to the lords , which in their mindes thought the claime by the duke more to be rightfull and necessary for the wealth of the realm , and of them all . whereunto they cryed with one voice , yea , yea , yea after which answer , the said archbishop going to the duke , and setting him upon his knee , had unto him a few words : the which ended , he rose , and taking the duke by the right hand , led him unto the kings seat , and with great reverence set him therein , after a certaine kneeling and orison made by the said duke , e●e he were therein set . and when the king was thus set in his throne ▪ to the great rejoyceing of the people , the archbishop of canterbury began there an oration o● collation in manner as after followe●h : * vir dominabitur in populo , r●gum cap. . these be the words of the high and most mighty king , speaking to samuel his prophet , teaching him how he should chuse and ordaine a governour of his people of israel , when the said people asked of him a king to rule them . and not without cause may these words be said here of our lord the king : that is , for if they be inwardly conceived , they shall give unto us matter of consolation and comfort ▪ when it is said that a man shall have lordship and rule of the people , and not a childe , for god threatneth not us as he sometime threatned the people by esay . esay . i fhall saith our lord , give children to be their rulers and princes and weake or fearfull shall have dominion over them . but of his great mercy hee hath visited us . i tru●t his peculiar people , and sent us a man to have the rule over us , and put by children , that before time ruled this land after childish conditions , as by the works of them it hath right lately appeared , to the great disturbance of all this realme , and for want and lack of a man : for as saith the apostle paul , in . cor. . when i was a childe i savoured and spake as a childe ; but at the time when i came to the state of a man , then i put by all my childish conditions . the apostle saith , he savoured and spake as a childe in whom is no stedfastnesse or constancy ; for a childe will lightly promise , and lightly he will breake his promise , and doe all things that his appetite giveth him unto , and forgeteth lightly what he hath done . by which reason it followeth , that needs great inconvenience must fall to that people that a childe is ruler and governour of ; nor is it possible for that kingdom to stand in felicity where such conditions reigne in the head and ruler of the same . but now wee ought all to rejoyce , that all such defaults bee expelled , and that a man and not a childe shall have lordship over us , to whom it belongeth to have a sure reine upon his tongue , that he may be knowne from a childe , or a man using childish conditions ; of whom i trust i may say as the wise man saith in his proverbs , blessed be the man that hath wisdome , and that aboundeth in prudence : for that man that is ruled by sapience , must needs love and dread our lord god ; and whoso loveth and dreadeth him , it must consequently follow , that he must keep his commandements . by force whereof he shall minister true justice unto his subjects , and do no wrong nor injury to any man , so that then shall follow the words of the wise man , which he rehearsed in proverbs . the blessing of our lord god shall alight upon the head of the king , being a just and right wise man , for the tongue of him worketh not iniquity and injustice , but the tongue of the wicked and sinners covereth iniquity ▪ and who that worketh or ministreth justice in due order , he not only safe guardeth himselfe , but also holdeth the people in a surety of restfulnesse , of the which ensueth peace and plenty : and therefore it is said of the wise king solomon , eccles. . blessed and happy is that land , of which the king or ruler is noble and wise , and the princes be blessed that live in his time . as who would say , they may take example of him to rule and guide their subjects ; for by the discretion of a noble and wise man , being in authority , many evils are sequestred and put apart , and all dissemblers put unto silence ; for the wise man considereth well the great inconveniences which daily now grow of it , where the childe or insipient drinketh the ●weet and dilicious words unadvisedly , and perceiveth not intoxication which they be mingled or mixt with , till he be invironed and wrapped in all danger , as lately the experience thereof hath been apparent to all our sights and knowledges , and not without the danger of all this realm , and all was for lacke of wisdome in the ruler , which deemed and taught as a childe , giving sentence of wilfulnesse and not of reason ; so that while a childe reigned , selfe will and lust reigned , and reason with good conscience was outlawed , with justice , stedfastnesse , and many other vertues . but of this perill and danger wee be delivered by the especiall help and grace of god , because he that now ruleth is not a childe , but perfect in reason , for he commeth not to execute his owne will , but his will that sent him , that is to wit , gods will , as a man unto whom god of his abundant grace hath given perfect reason and discretion to discerne and deem as a perfect man ; wherefore of this man we shall not onely say , that he shall dwell in wisdome , but as a perfect man , and not a childe , he shall thinke and deem , and have such circumspection with him , that hee shall diligently forelooke and see that gods will be done , and not his : and therefore now i trust the words of the wise man , eccles. . shall be verified in our king , saying , a wise and discreet iudge shall now deeme his people , and the dominion or lordship of a discreet wise man shall stand stedfast ; whereupon shall then follow the second verse of the same chapter , saying , like as the head and soveraigne is replenished with all sapience and vertue in guiding of his people , administring to them law with due and convenient iustice , so shall the subjects be garnished with awe and loving dread , and beare unto him , next god , all honour , truth , and allegiance . so that then it may bee concluded with the residue of the foresaid verses , such as the ruler of the city is , such then be the inhabitants of the same : so that consequently it followeth , a good master maketh a good disciple : and likewise , an evill king or ruler shall lose his people , and the cities of his kingdome shall be left desolate and uninhabited . wherefore thus i make an end , in stead of a childe , wilfully doing his lust and pleasure without reason , now shall a man be lord and ruler , that is replenished with sapience and reason , and shall governe the people by skilfull doings , setting apart all wilfulnesse and pleasure of himselfe ; so that the word that i began with , may be verified in him , ecce quia vir dominabitur in populo , the which our lord grant , and that he may prosperously reign unto the pleasure of god , and wealth of his realm . amen , the which oration being thus finished , and the people answering with great gladnesse , amen . the king standing upon his feet , said unto the lords and commons present . sirs , i thanke you , my lords spirituall and temporall , and all the states of this land , and doe you to understand , that it is not my will that any man think that by the way of conquest i would disinherit any man of his heritage , franchise , or other rights that he ought to have of right , nor for to put him out of that which he now enjoyeth , and hath h●d before time by custome of good law of this realm , except such private persons as have beene against the good purpose and the common profit of the realme . and this speech thus finished , all sheriffs and other officers were put in their authorities , which season for the time that the kings sea was void , and after every man departed . and at afternoon were proclamations made in accustomary places of the city in the name of king henry the fourth . and upon the morrow following , being wednesday , and the first of october , the procurators abovenamed went unto the tower of london , and there certified richard of the admission of king henry : and the foresaid justice , william thyrning , in the name of the other , and for all the states of the land , gave up unto richard late king , all homage and fealty unto him before him due , in like manner and forme as before i have shewed to you in the deposition of king edward the second . and thus was this prince deprived of all kingly dignity and honour by reason of his evill counsell , and such unlawfull wayes and meanes as he by his insolency in his realme suffered to be used , when he had reigned two and twenty yeers , three moneths , and eight dayes . so fabian and others verbatim . those parliaments then and nationall assemblies , which have thus disposed of the crown and kings themselves , and exercised such jurisdiction over them , must certainly be above them , and the highest soveraigne power . true it is , our protestant p●eres , commons and parliaments , never challenged nor exercised such jurisdiction ▪ and i presume they will not doe it . however , it is neither honourable nor safe for kings , and the most destructive policy their ill counsellors can suggest unto them , so farre to oppresse their subjects , or exasperate their parliaments , as to provoke them to use the extremity of their soveraigne power , and revive dead sleeping presidents for their reliefe ; the consideration whereof when they were fresh , made succeeding kings more just and moderate in their governments , and reclaimed many vitious oppressing princes , as * archigallo and others witnesse . we know what solomon saith , y surely oppression maketh a wise man mad ; and if kings or their evill instruments shall so far mad their subjects and parliaments ( either by oppressions , rapines , misgovernment , destroying , making warre upon them , or putting them out of their protections ) as to make them cry out as they did against king iohn . z iohannes factus est de rege tyrannus , imo de homine in bestialem prorumpens feritatem . vae tibi iohanni regum ultime ; anglorum principum abominatio , nobilitatis anglicanae confusio : heu anglia vastata , & amplius vastanda , &c. whereupon presently ens●ed , a nolumus hunc regnare . tandemque decretum est , ut aliquem potentem in regem eligerent , per quem possint ad possessiones pristinas revocari , eradextes quod nullus iohanne peier , vel durior p●ssit dominari , & tale miserabile statuentes argumentum . — fortuna miserrima tuta est , nam timor eventus deterioris abest . cumque aliquandiu , quem eligerent haesitassent , demum in hoc pariter consenserunt , ut ludovicum filium philippi regis francorum sibi praeficerent , & ipsum in regem angliae sublimarent ; which they did , to king johns , their own , and the whole kingdomes great prejudice . we know what the ill advise of rehoboams rough evill counsellours produced , chron. . and the king answered the people roughly after the advice of the young men , saying : my father made your yoake heavy , but i will adde thereto ; my father chastised you with whips , but i will chastise you with scorpions . and when all israel saw , that the king would not hearken unto them , the people answered the king ( though some say he came to the crown by succession ) saying , what portion have we in david ? and we have none inheritance in the sonne of iesse ; every man to your tents o israel : and now david , see to thine owne house . so all israel went to their tents , and elected ieroboam for their king , and fell away from the house of david to this day , being never after united to it , but continuing a distinct kingdome from it . this grosse impoliticke maxime of ambitious princes , now so much cryed up and prosecuted : aut caesar , aut nullus , hath utterly unkinged , ruined hundreds of kings and emperours , with their families ; and deprived them not onely of their crownes but lives , as it did * caesar himselfe , with many of his successors , whose tragicall ends should deter all other princes from their destructive , aspiring , tyrannous counsels , courses , maximes . wherefore the best policy kings can use , to perpetutate their thrones to them and their posterity , is to treate their subjects so , a as may win their hearts and affections , and not to straine their pretended prerogatives beyond the bounds of law ; this being a most certaine experimented rule which b aristotle ( the prince of politicians ) gives ; that there are two intestine causes most perilous and frequent of all others , by which a kingdome is usually lost , and subverted . the first is , if the nobles and people dissent from the king himselfe . the second , if kings will reigne tyrannically , and usurpe a greater domination or prerogative , then the lawes of their kingdomes give them , then he addes , verily a kingdome is preserved by contrary remedies , specially , by a moderate kinde and temperate forme of government . c for by how much the m●re moderate the king shall be , and contented with smaller and fewer prerogatives , by somuch the more constant and longer-lasting shall his kingdome necess●rily be ; for by this meanes it recedes farther from the domination of tyrants , and it comes nearer to the equability of manners and humanity of life , and is lesse envyed by his subjects , which he proves by the notable speech and example of king theopompus . and indeed this is the principall policy which god himselfe hath prescribed a king , to prolong his dayes in his kingdome , he and his children after him ; to keepe all the words of this law , and those statutes to doe them , ( that is , to governe himselfe and his subiects onely by law , not power ) to doe justice and judgement , avoid oppression , & not to lift up his heart above his brethren ; as if they were his vassals and not men , not christians of the same kinde and quality as himselfe is . wherefore i shall close up this with old bractons resolution . d potestas itaque regis , juris est , & non injuriae . exercere igitur debet rex potestatem iuris sicut dei vicarius & minister in terra : quia illa potestas * solius dei est : potestas autem injuriae , diaboli & non dei : cujus horum operum fecerit rex , ejus minister erit , cujus ope●a fecerit . igitur dum facit justitiam , vicarius est regis aeterni , minister autem diaboli dum declinat ad injuriam . * dicitur enim rex à bene regendo , non à regnando : quia rex est dum bene regit . tyrannus dum populum sibi creditum violenta opprimit dominatione . temperet igitur potentiam suam per legem , quae fraenum est potentiae , quod secundum leges vivat quia hoc sanxit lex humana ; quod leges suum ligent latorem ; & alibi in eadem , * digna vox majestate regnantis est , legibus alligatum se principem profiteri . item , nihil tam proprium est imperii quam legibus vivere : et majus imperio est legibus submittere principatum ; & merito debet retribuere legi , quia lex tribuit ei ; facit enim lex quod ipse sit rex . item , cum non semper oporteat regem esse armatum armis sed legibus , addiscat rex sapientiam & conservet justitiam . ( all which is notably seconded by judge fortescue , de laudibus legum angliae , c. . t● . . worthy any princes serious perusall : ) and thus doing , neither he nor his posterity need feare this supream prerogative power of parliaments , which hath laine dead and buryed for many ages ; et pereat positum rubigine telum . . all papists e attribute farre more divine authority and soveraigne iurisdiction over emperours , kings , princes , kingdomes , subjects , to the pope their lord and god , whom they make the supreame monarch of the world and all kingdomes in it , and give him greater authority to summon , ratify , and dissolve generall councels , then ever any christian king or emperour , challenged or usurped : yet those who maintaine these paradoxes of the popes supremacy , confesse f that a generall councell is above the pope ; and may upon just cause ( though they all plead his soveraignety to be jure divino , and his person most sacred , terming him his holinesse , in the abstract ) not onely convent and censure the pope for his misdemean●urs , but likewise actually depose him , and set up another in his stead , as the councels of pisa , constans , basil , ( which deposed foure popes , namely , gregory the . benedict the . iohn the . and eugenius the fourth ) the councell of chalcedon against pope leo , the councell of sinuessa against pope marcellinus ; the sixth , seventh , and eighth generall councels against honorius , the councels of g wormes and brixia against hildebrand , the councell of pisa , summoned an. . of purpose to depose pope iulius for his perjury , experimentally manifest , and h sundry popish writers acknowledge . now the councell of basil ( as i shewed * before ) defined , that the whole kingdome or parliament hath as great power over their kings , as a councell hath over the pope : therefore by papists verdicts they are above the king in point of soveraigne power , as a councell is above the pope : which iohn mariana , de rege & regis instit. l. . c. . to . professedly proves at large . . that court which may lawfully censure , question , depose , banish , execute the kings greatest favorites , officers , judges , yea lord protectors themselves , the highest peeres of the realme , ( notwithstanding such are said to be i gods , k ordained of god , gods , ministers , to l decree iudgement by god , to be the higher powers , &c. in scripture , as well as kings ; ) and that not onely with , but against the kings good will ; must questionlesse be the highest power and jurisdiction in the realme , else the kings and their authorities might protect them against its justice . but the parliament may lawfully censure , question , depose , banish , execute all or any of these , not onely without , but against the kings consent ▪ witnesse the proceedings in parliament against m willam longchamp , bishop of ely , chiefe justitiar , lord chancellor , and vice-roy of england , in richard the first his reigne , during his absence in the holy land , ) from which offices he was by the peeres and commons deposed for his misdemeanour , and oppressions . n pierce gaveston and the two hugh spencers , in edward the seconds reigne , of banished by parliament , and violently put to death , though the kings highest officers , and darling minions . o michael de la pole , with other great officers , and favourites to king richard the second , condemned , deprived of their offices , banished and executed by the peeres in parliament , together with tre●ilian , belknap , and their fellow judges , who misadvised him in point of law : p humphrey duke of glocester , protector to king henry the sixt , arrested of high treason in a parliament at bury , and there murdered ; q cardinall wolsey , that powerfull favourite to king henry the eight , accused and put from his chancellorship and other offices by the parliament ; r the duke of sommerset , lord protector to king edward the sixt , accused and attainted of high treason in parliament , for which he lost his head ; the great earle of strafford lord deputy of ireland , who lost his head this parliament for treason , full sore against his majesties and the queenes wills , with infinite others mentioned in our stories and records : nay queenes themselves have undergone the censures of parliament , ( of which we have sundry precedents in s king henry the eight his reigne ) not onely to divorce , but losse of their very heads ; and shall any delinquent then thinke to be protected by any power against the parliaments justice now ? . not to menion the parlaments power and jurisdiction even in reforming the excesses and abuses of the kings owne meniall servants , and of the extraordinary traine and expences of the kings owne court , and gifts ; for which i finde these following presidents , with others ; collected by mr. william noy himselfe , ( as is reported ) his majesties late atturney generall , an. . in a manuscript , entituled , a declaration , &c. passing under his name . * anno , ed. . the houshould was reformed by the petition of the people . an. r. . the houshold was brought to such moderation of expense as may be answerable to the revenue of the crown , in and by parliament . anno. & r. . the commons petition was , that the excessive number of the kings meniall servants may be remedied , or else the realme would be utterly undone , and that his houshould might not exceed the ordinary revenue of the realme . anno h . the people crave a reformation of the kings house ; & anno . that he would dismisse some number of the retinue , since it was now more chargeable and lesse honourable then his progenitors ; and that the ancient ordinances of the houshold , in ●ase of the people might be kept , and the officers of the houshold sworne to put the ordinances and statutes in due execution ; and to consider the griefes of his subjects by unjust purveyance , contrary to the statute , that hereafter he might live of his owne goods in ease of his people . which the king willingly doth , as appeareth by an ordinance in counsell whereby the charge of the houshold is limited to . markes . anno & h. . the charge of the kings house is reduced to a certainty , lessened by petition and order in parliament . anno e . the king in parliament promiseth to abate his houshold , and hereafter to live upon his owne , so setling a new forme of his court , which is extant in many hands , and intituled , ordinations for the kings house . anno e. . an ordinance was made for the kings houshold in ease of the kings people oppressed with purveyance , by reason of the greatnesse thereof ; and the motive of that ordinance was , to the honour of god , and profit of holy church , and to the honour and profit of the king , and the benefit of his people , according to right and reason , and the oath which our lord the king made at the beginning of his raigne . thus r. . did discard the bohemians , anno . by an act of parliament , at the peoples petition surcharged by them . thus h. . did with the gascoignes and welsh in like sort , overburdening and impoverishing the king and realme with perpetuall suits , so that in court as the record saith , there were no men almost of substance , or valiant persons , as there ought to be , but rascals for the greater part . hence was it , that the wisedome of former times foreseeing the mischiefe the open hand of the soveraigne might bring the state into , made a law r . that whatsoever commeth to the king by judgement , escheat , forfeiture , wardship , or in any other waies , shall not be given away , and that the procurer of any such guift shall be punished . this law the parliament continued h. . untill the king was out of debt , making frustrate the grants of these , and ordaining a penalty of double value to every mover or procurer of such grants . the like in anno h. . and that no petition for any thing should be delivered to the king but in presence of the councell , who might examine it , lest that the kings wants should light upon the commons . and to keep the hand of h. . from wastfull giving , the councell enduced him to convey to the archbishop of canterbury and others , all profits of wards , marriages , reliefes , escheats and forfeitures , to defray the charge of his house . it is one of the greatest accusations in parliament against the duke of sommerset for suffering the king to give away the possessions and profits of the crown in manner of a spoile , for so are the words of the record . and it was the first and chiefest article to depose r. . for wasting , and bestowing the lands and the revenue of the crowne upon unworthy persons , and thereby overcharging the commons with exactions . nor yet to mention the parliaments soveraigne power and jurisdiction t in making or proclaiming warre or peace , in which they have oft times not onely advised , but overswayed the king ; in creating the highest officers , t in ordering the militia of the kingdome by sea and land by setled lawes ( of which more anon ; ) or in ordering the coyne and money of the land , together with the mint , or designing how the subsidies and aydes granted by them to the king , shall be disposed of to the kingdomes use , t of which there are sundry presidents . all which , together with the acts concerning his purveyance , pardons , charters , grants , and all revenues royall , are strong ( u ) evidences of its soveraigne authority . nor yet to remember that in●allible argument , to prove kingdomes greater , and more valuable then kings ; that kings as publique servants to their realmes , ought to hazzard their lives for their kingdomes safety and preservation ( as many have done in warres against enemies ) but never ought the whole kingdome to be lost or hazzarded to preserve the kings prerogatives , that of iohn . , , . and chap. . being an undoubtted rule in divinity and policy . * that it is expedient that any one man , ( though a king , yea christ the king of kings ) should die for the people , that the whole nation perish no● ; rather then the whole nation die for him . priorque mihi & potior ejus officii ratio es● , quod humano generi , quam quod uni hominum debe● , as seneca de benefic . l. . gentilis de iure belli . l. . c. . resolve , from the light of nature and common reason . i shall onely adde this important consideration to illustrate this obscured truth . it can * hardly seeme probable , much lesse credible , that any free people whatsoever when they voluntarily at first incorporated themselves into a kingdome , and set up an elective or hereditary king over them , would so absolutely resigne up their soveraigne popular ●riginall authority , power , and liberty to their kings , their heires , and successors for ever , as to give them an absolute , irrevocable , uncontroulable supremacy over them , superiour to , irrestrainable , irresistable , or unalterable by their owne primitive inherent nationall soveraignety , out of which their regall power was derived . for this had been to make the creator inferiour to the creature , the parent subordinate to the child , the derivative greater then the primitive , the servant ( for princes are but their kingdomes publique ministers ) more potent then the master ; of freemen , to have made themselves and their posterity absolute slaves and vassals for ever ; and in stead of a principality , intended only for their greater safety and immunity ; to have erected a tyranny , to their perpetuall irremediable oppression and slavery : a most brutish , sottish , inconsiderate rash action , not once to be imagined of any people ; quite contrary to the practice of the lacedemonians , romans , germans , aragonians , and most other nations , who still reserved the soveraigne power to themselves , and never transferred it to their kings or emperours , who were ever subject to their jurisdictions , and censures too , as i shall manifest at large in the appendix : no absolute monarchy being ever set up in the world but by direct tyranny and conquest , as cassanaeus in his catalogus gloriae mundi pars . consid. . manifests at large , not by the peoples free election and consents . and had our ancestors or any other nations , when they first erected kings , and instituted kingly government , been demanded these few questions : whether they meant thereby to transferre all their nationall authority , power , and priviledges so farre over unto their kings , their heires , and successors for ever , as not still to reserve the supremest power and jurisdiction to themselves , to direct , limit , restrain their princes supremacy & the exorbitant abuses of it , when they should see just cause ? or so as not to be able ever after to alter or diminish this form of government upon any occasion whatsoever ? or if their king should turne professed tyrants , endeavouring to deprive them ( against all right and justice ) of their lives , goods , liberties , religion , lawes ▪ or make open warres upon them to destroy them , or bring in forraigne enemies upon them , to conquer or subject them to a forraigne power without their free consents , that yet they should patiently submit themselves to these their unnaturall , tyrannicall , destructive proceedings without any the least resistance of them by necessary defensive armes , or calling thē to account for these grosse irregularities ? i make no question that they would have joyntly answered ( as i doubt not but our parliaments , kingdomes , and all other nations , were they at this day to institute their preerected principalities and kings , would answer to ) that they had never any imagination to erect such an absolute , eternall , unlimited , uncontrollable , irresistable monarchy , and plaine tyranny over them ; and that they ever intended to reserve the absolute originall soveraigne jurisdiction in themselves , as their native hereditary priviledge , which they never meant to divest themselves of : that so by means thereof , if their princes should degenerate into tyrants , they might have a just authority , power , and remedy residing in them , whereby to preserve themselves , the nation kingdome , from utter desolation , ruine , and vassalage . an impregnable evidence , that the whole kingdom and parliament representing it , are the most soveraign power ; and above the king himselfe , because having the supream jurisdiction in them at first , they never totally transferred it to our kings , but reserved it in themselves , which is likewise further confirmed by that notable passage of * philocheus archilacus in his somnium viridarii , c. . royall power is instituted three manner of wayes : first , by the will and pleasure of the people , because every people wanting a king of their own ( not being subject to the emperour , or some other king ) may by the law of nations make themselues a king , . dist. c. legitima . if a royall principality be thus instituted , as it is in the proper pleasure and power of the people to ordaine , that the king shall be either successive of elective ; so it is in their pleasure to ordaine , that kings succeeding hereditarily shall enjoy their power due nnto them either immediately before any coronation , or any other solemnity , or that they shall receive this power onely by their coronation or any other solemnity about him . thereason whereof is , because as every one in the delivery of the gift of his owne goods , may impose what covenant or condition he pleaseth , and every man is moderator and disposer of his owne estate ; so in the voluntary institution of a king and royall power it is lawfull for the people , submitting themselues , to prescribe the king and his successors what law they please : so as it be not unreasonable and unjust , and directly against the rights of a superiour : therefore lawfull to reserve ●he soveraigne power in and to themselves , and not to transfer it wholly to their kings . there is one cleare demonstration yet remaining , to prove the supreme power of parliaments above kings themselves , which is this : that the parliament is the highest court and power , to which all x appeal●s are finally to be made from all other courts and iudges whatsoever , yea from the kings own personall resolution , in , or out of any other his courts : and such a transcendent ● ribunall from whence there is no appeale to any other court or person , no not to the king himselfe , but onely to another parliament . if any erroneous judgement be given in the kings bench , exchequer-chamber , chancery , court of wards , or any other court within the realm , or in the parliament in ireland , it is finally to be reversed , or determined in parliament by a writ of y error , or upon a petition or bill : if any sentence be unjustly given in any ecclesiasticall courts , or before the d●legates , the finall appeale for redresse must be to the parliament . illegall sentences in the ( now exploded extravagant ) courts of star-chamber , or high commission ; injuries done by the king and his privy councell at the councell table , are examinable and remediable in this high court. nay , if the king himselfe should sit in person in the kings bench , or any other court ( as sometimes our kings have done ) and there give any judgement , it is not so obligatory or finall , but that the party against whom judgement is pronounced , may appeale to the parliament for reliefe , ( as seneca epist. . out of tully de repub. & fenestella , hugo grotius de jure belli , l. . c. . s. . p. . record ; that among the romanes in certain causes they might appeale from the king to the people . ) but if the parliament give any judgement , there * can be no appeale to any higher tribunall , court , or person , no not to the king , but onely to the next or some other parliament , as is evident by experience , by all z attainders of trea●on , by or in parliament , by all inconvenient and unjust acts passed in parliament , which concerne either king or subject ; which cannot be reversed nor repealed , though erroneous , nor the right heire restored in blood by any charter from the king , but onely by an act of repeale or restitution in another parliament . now this is an infallible maxime , both in the common , civill , and canon law , that the court or person to whom the last appeale is to be made , is the supream●st power ; as the a kings bench is above the common pleas , the eschequer chamber above the kings bench , and the parliament above them all , because a writ of error to reverse erroneous judgements given in the common pleas , lyeth in the kings bench : errors in the kings bench may be reversed in the eschequer chamber ; and errors in all or either of them , may be redressed finally in parliament , from whence there is no further appeale . hence the canonists conclude , a b generall councell above the pope , the pope above the archbishop , the archbishop above the ordinary , because men may appeale from the ordinary to the archbishop , from him to the pope ( but now with us to the kings delegates . ) if there be any difference betweene c king or subject , touching any inheritances , priviledges or prerogatives belonging to the crowne it selfe , or any points of misgovernment ; yea , which is more , if there be any suite , quarrell , or difference betweene our kings in act , and any other their competitors , d for the crowne it selfe , which of them hath best title to it , who of them shall enjoy it , and how , or in what manner it shall be setled , the lords and commons in parliament are and ought to be the sole and final● judges of it . not to give you any instances of this kinde betweene king and subjects , which i have formerly touched ; nor to relate how our king iohn e condemned to death by a parliament in france , by french peers , for slaying his nephew ▪ arthur treacherously with his own hands , and likewise to lose the crown of england : or bow f henry the third , k. edward the first and other our kings have appealed to the parliaments of france and england , upon differences betweene the peeres and kings of france and them , concerning their lands and honours in france . g or how king edward the third , and philip of france submitted both their titles to the kingdome of france , to the determination in a french parliament , where they were both personally present , which adjudged the crowne to philip. nor yet to mention how the parliaments and generall assembly of the estates of france have * frequently disposed of the crowne of that kingdome , determined the controversies of the right and titles pretended to it ; and elected protectors or regents of the realme during their kings minorities , or distractions ; of which i shall cite divers precedents in the appendix , to which i shall referre you . nor yet to trouble you with spanish precedents of this nature , where the severall claimes and titles of the pretenders to the crownes have beene oft referred to , debated in , and finally resolved by their parliaments and generall assemblies of the states , the proper iudges of such controversies , as * ioannes mariana , * euardus nonius , and other spanish writers determined ; as philip the second the . king of portugall his title to that crowne and his competitors , together with the rights and claimes of alfonso the . . . iohn the . emanuel and other kings of portugall , and their corivals were solemnly debated and determined in the assembly of the states of that realme , and of divers kings and queenes of arragon , castile , navarre : a pregnant argument , that their assemblies of states are the soveraigne tribunall , since they have power and right to determine and settle the descent , right and succession of the crowne betweene those who pretend titles thereunto : i shall confine my selfe to domesticke precedents . not to repeate the i forementioned precedents , how the lords and commons when the title to the crowne hath been in dispute have transferred it from the rightfull heires to others ; i shall give you some other pregnant evidences , where the parliament hath finally determined the title to the crowne , when it hath beene in competition , and setled it in a legall manner to avoid debates ( by way of appeale to them by competitors , or reference from the kings themselves ) as the onely proper judges of such a superlative controversie . not to mention any stories of our british kings to this purpose , where the * kingdome , lords and commons then , disposed of the crowne in cases of minority , want of heires , misgovernment , and controversies about the title to the crowne . * canutus after the death of king edmund , anno . clayming the whole realme against edmunds brethren and sonnes , referred his title upon the agreement made betweene edmund and him for this purpose , to the parliament , who resolved for canutus title , and thereupon tooke an oath of fealty to him , offering to defend his right with their swords against all others claimes . after his decease , the * title to the crowne being controverted betweene hardicanute the right heire , and harold his elder , but base brother ; it was referred to a parliament at oxford , who gave their voyces to harold , ( there present ) and presently proclaymed and consecrated him king ; anno . after whose death , the states of england sent and adjudged the crowne to hardicanute , then in denmarke . he dying , * edward the confessor , by a generall consent of the nobles , clergy , and people ( who presently upon harold● death , enacted by parliament , ) that none of the danish blood should any more reigne over them ) was elected king , and declared right heire to the crowne , anno . k king henry the first having no issue male , but onely one daughter maude , to succeed him , summoned a parliament in the presence of himselfe and david king of scotland , wherein the crowne was setled upon maude after his decease , being of the ancient royall english blood ; whereupon stephen , his sisters sonne , and all the nobles presently swore fealty to her , as much as in them lay , after king henries death ( if hee died without issue male ) to establish her queene of the monarchy of great britaine . but stephen after his decease , usurped the crowne against his oath , by the unanimous consent and election of the lords and commons : and after seventeene yeares civill wars , to the devastation of the realme l king stephen and henry the sonne of maude came to a treaty at wallingford , where by the advise of the lords , they made this accord ; that stephen if he would , should peaceably hold the kingdome during his life , and that henry should be his adopted sonne and successor , enjoy the crowne as right heire to it after his death ; and that the king and all the bishops and nobles should sweare , that henry after the kings death , if he survived him , should possesse the kingdome without any contradiction : which done the civill warres ceased , and a blessed peace ensued : and then comming to oxford , in a parliament all the nobles did fealty to henry , who was made chiefe justiciar of england , and determined all the affaires of the kingdome . in the . and . of e. . there was a m doubt moved in parliament , whether the children of the king , or others borne beyond the seas within his allegiance , should inherit lands in england ? the king , to cleare all doubts and ambiguities in this case , and to have the law herein reduced to certainty ; charged the prelates , earles , barons , and other wise men of his councell assembled in parliament in the . yeare of his raigne , to deliberate of this point ; who with one assent resolved , that the law of the realme of england is , and alwayes hath beene such , that the children of the kings of england in whatsoever parts they be borne , in england or elsewhere , be able and owe to beare inheritance after the death of their ancestors : which when they had declared , the king , lords and commons by a speciall act , did approve and affirme this law for ever , the onely act passed in that parliament . and in a * parliament , ● . e. . this kings eldest sonne was created duke of cornewall by parliament , which then also entailed the dutchy of cornewall upon the eldest sonnes 〈…〉 of england . so . r. . c. . the principality of chester 〈…〉 on the prince by act of parliament . * king henry the 〈…〉 the inheritance of the crownes and 〈…〉 his posterity , caused them by a speciall 〈…〉 his raigne , to be entailed and setled on 〈…〉 and prince henry his eldest sonne to be established ▪ 〈…〉 heire apparant to him , and to succeed him in the said 〈◊〉 and realmes , to have them with their appurtenances after the kings death , to him and the heire● of his body begotten ; and if hee should die without heire of his body begotten , 〈…〉 remaine to the lord thomas , the kings second sonne , with successive remainders to lord john the third , and lord humfry the kings fourth sonne , and the heires of their bodies begotten . after which act passed ( for the avoyding of all claimes , titles , and ambiguities , to be made unto the crowne ) he thought never by any of his subjects to be molested or troubled : the rather , because in this parliament it was first concluded ; that deposed king richard should continue in a large prison , and be plenteously served of all things necessary both for viande and apparell , and if any persons should presume to reare warre or congregate a multitude to deliver him out of prison , that then he should be the first that should die for that seditious commotion : which king richard ( as * sir iohn bagot by his bill exhibited to this parliament averred ) had divers times , at sundry parliaments in his time holden , said ; that hee would have his intent and pleasure concerning his owne matters , whatsoever betide of the residue ; and if any withstood his will or minde , he would by one meanes or other bring him out of his life ; and further said to him at lichfield in the one and twentieth yeare of his raigne , that he desired no longer for to live then to see his lords and commons have him in as great awe and dread , as ever they had of any his progenitors , so that it might bee chronicled of him , that none passed him of honour and dignity , with condition that he were deposed , and put from his said dignity the next morrow after . so wilfull was hee , as to preferre his will before his crowne or safety . n in the yeares . and . richard duke of yorke came into the parliament house , and there , in a large oration laid claime , and set forth his title to the crowne of england , which king henry the sixth had long enjoyed , desiring the parliament to determine the right of the title betweene them , both sides submitting to their resolution as the proper iudges of this weighty royall controversie : after long debate and consideration of the case among the peeres , prelates , and commons of the realme , it was finally agreed and resolved by them : that in as much as henry the sixth had beene taken as king for . yeares and more , that he should enjoy the name and title of king , and have possession of the realme during his naturall life . and if he either died , or resigned , or forfaited the same for breaking any part of this concord , then the said crowne & authority royall should immediately descend to the duke of yorke ( king edward the . his father ) if he then lived ; or else to the next heire of his line . and that the said duke from thenceforth should be protector and regent of the kingdome . provided alway , that if the king did closely or apertly , study or goe about to breake or alter this agreement , or to compasse or imagine the death of the said duke or his bloud ; then he to forfeit the crowne : and the duke to take it : these articles made by the parliament betweene them , they both subscribed , sealed , and swore to , and then caused them to be enacted . loe here we have these two kings submitting their titles to the crowne and kingdome it selfe to the resolution of both houses of parliament , as the soveraigne judge betweene them ; who setled the crowne in this order , under paine of forfeiting it by king henry , if he violated their decree herein ; and appointing a lord protector over the kingdome in his full age , as o walsingham informes us , a parliament constituted duke humfry to bee protector of him and his kingdome of england , and the duke of bedford to bee regent of france , during his minority ; who exercised all regall power , by vertue of that authority which the parliament derived to them . after this , in these two kings reignes , p the crowne and its descent were variously setled by parliament ( as i have formerly manifested ) yet so , as that which one parliament setled in this kinde , continued firme till it was altered or reversed by another parliament . king q richard the third comming to the crowne by usurpation , to strengthen his title , procured the lords and commons to passe an act of parliament , wherein they declare him to bee their lawfull king , both by election and succession , entaile the crowne upon him and the heires of his body lawfully begotten , create his sonne edward , prince of wales , and declare him heire to succeed him in the royall crowne and dignity after his decease . in which act of parliament ( recited at large by speed ) there is this memorable passage : that the court of parliament is of such authority , and the people of this land of such a nature and disposition , as experience teacheth ; that manifestation or declaration of any truth or right made by the three estates of this realme assembled in parliament , and by the authority of the same , makes before all other things most faith and certainty , and quieting of mens mindes , removeth the occasion of all doubts , and seditious language : r henry the seventh afterwards slaying this usurping richard at boswell-field , to avoyd all ambiguities and questions of his title to the crowne , in his first parliament procured the lords and commons by a speciall act , to settle the inheritance of the crownes of england and france , on him and the heires of his body lawfully begotten , perpetually by the grace of god , so to endure , and on none other , and all attainders and acts against him , by edward the fourth , and king richard s this parliament annihilated . after him king henry the eighth , to ratifie his divorce from queen katherine , caused it to be confirmed , and his t marriage with her to be utterly dissolved by act of parliament : and by u sundry acts , ratified his subsequent marriages , and setled the descent of the crowne to his posterity , somewhat different from the course of the common law ; which statutes were afterwards altered and the descent of the crowne setled by other speciall bils in parliament , both in x queene maries , and queene elizabeths reignes , whose titles to the crowne were setled , and in some sort created by the parliament . by the notable sta. of . eli. c. . worthy reading for this purpose , it is made no lesse then high treason , to affirme ; that the queene , with , and by the authority of the parliament of england , is not able to make lawes and statutes of sufficient force and validity to binde , limit , restraine and governe all persons , their rights and titles that in any wise may or might claime any interest or possibilitie in or to the crowne of england in possession , remainder , inheritance , succession , or otherwise howsoever ; and all other persons whatsoever . king edward the sixt , queene elizabeth , and other our princes holding their crownes by a parliamentary title , rather then by the course of the * common law , which this statute affirmes the parliament hath power to alter , even in case of descent of the crowne . it is observable that the statutes of h. . c. . h. . c. . and h. . c. . doe not onely nulli●ie some of this kings marriages , and ratifie others of them , declaring some of his issues legitimate and hereditable to the crowne , others not , and appoint the queene , if living , to be protector of the infant king or queene , that should inherit the crowne ; or such of the lords as the king by his last will should designe ; but likewise prescribe strict oathes for every subject to take , to maintaine the succession of the crowne , as it is limited by those acts , which oathes for any to refuse , is made high treason , or to write or speake any thing against the succession of the crowne as it is therein limited : and withall they derive a plenary authority to the king ( who thereupon * acknowledgeth the great trust and confidence his loving subjects had in him , in putting in his hands wholly the order and declaration of the succession of this realme ) by his letters patents under his seale , or his last will in writing signed with his hand , for lacke of issue lawfully begotten of his body , to * give , limit , assigne , appoint or dispose the imperiall crowne of the realme , to what person or persons , and for such estate in the same , and under such conditions as it should please his majesty . the parliament therein promising by one common assent to accept , take , love , dread , and obey , as their legall governours , and supreame heads , such person or persons onely , as the king by authority of those acts should give the crowne unto , and wholly to sticke to them as true faithfull subjects . provided , that if any of his children or heires , afterward did usurpe one upon the other in the crowne of this realme , or claime , or challenge the said imperiall crowne , otherwise , or in any other course , forme , degree or condition , then the same should be given , disposed , or limited unto them , by the king , by vertue of those acts. or if any person or persons to whom it should please the king , by authority of those acts to dispose the said crowne and dignity of this realme , or the heires of any of them , should at any time hereafter demand , challenge , or claime the crowne of this realme , otherwise , or in any other course , forme , degree or condition , then the same should be given , disposed , and limited unto them by the king , by vertue and authority of these acts ; that then all , and singular offenders , in any of the premises contrary to these acts , and all their abettors , maintainers , factours , counsellours , and aiders therein , shall bee deemed , and adjudged high traytors to the realme ; and that every such offence shall be accepted , reputed , and taken to be high treason , and the offenders therein , their ayders , &c. for every such offence shall suffer such judgement , paines of death , losses and forfeitures of lands , goods , and priviledges of sanctuary , as in any ●ases of high treason . and over , that as well the kings said heires and children , as every such person & persons to whom the crowne should be limited as aforesaid , and every of their heires , for every such offence above specified , by them to be committed , shall lose and forfeite as well all such right , title , and interest , that they may claime or challenge , in or to the crowne of this realme , as heires by descent , or by reason of any gift or act done by the king , for his or their advancement , by authority of those acts , or by any manner of meanes or pretence whatsoever . and the statute of h. . c. . which entailed the crowne upon queene mary , after edward the sixt his decease without issue ▪ 〈◊〉 this proviso ; that if th● said lady mary doe not keepe and performe such conditions as king henry by 〈◊〉 patents or last will in writing , 〈…〉 estate in the imperiall crowne ; 〈…〉 imperiall crowne shall be and come to the 〈…〉 lawfully begotten , in such like manner and forme , as 〈…〉 mary were then dead , without any heires of her body begotten , any thing in this act contained to the contrary notwithstanding . and the like provis there is for queene elizabeth , that if she performe not the like conditions , limited as aforesaid , to her estate in the crowne , that then the said imperiall crowne shall be and come to such person or persons as the king by his letters patents or last will shall appoint . by all which acts , ( worthy reading and consideration ) the parliaments supreame power of setling and disposing the descent and inheritance of the crowne , and giving authority even to the king himselfe , to dispose of it upon condition , on paine of forfeiture as aforesaid ( which the king alone had no power at all to doe ) will easily appeare to the most malignant spirits . in the first y parliament of our late king iames , the first bill then passed , was an acknowledgement , and confirmation of his immediate , lawfull , and undoubted succession and right to the crowne of england , as the next and onely heire of the blood royall , to whom of right it descended ; which dolman the priest , and some jesuites opposed in printed seditious bookes . so the z articles of qu. maries marriage with k. philip , were appointed , and ratified by parliament : and the imperiall ecclesiasticall jurisdiction usurped by the pope and prelates , hath likewise by a sundry statutes beene restored and united to the crowne , and the title of supreame head , and supreame governour in all causes , and over all persons , spirituall , ecclesiasticall and temporall , setled upon our kings and queenes ; who during their minorities have had guardians and protectors , appointed to them by b parliament , to summon parliaments , assent to bills , and execute all royall jurisdiction in their names and steads . and as the title and right to the crowne of england , and the jurisdiction thereof hath thus from time to time beene decided and setled in and by our parliaments , so hath the title and jurisdiction of the crowne of scotland , beene c frequently discussed and setled in our parliaments , upon appeales made to them by the kings of scotland , and their corrivals to that crowne ; witnesse the famous case and competition for that crowne long agitated and resolved in parliament betweene the king of norway , bailiol , and bruce , ( to omit others ) in the reigne of king edward the first ; and this king edwards title to the crowne of scotland , declared and resolved by our parliament here ; all which are recorded at large by thomas walsingham , and matthew westminster , in the life of king edward the first , and in the parliament rolls , and pleas of his reigne , with d sundry other instances of this nature ( frequent in our historians ) which for brevity i pretermit . it is a e cleare case without dispute , that if the king should dye without any heire , the crowne would escheate to the whole kingdome and parliament , who might dispose of it in such a case , to what person they pleased , or quite change that forme of government , if they saw good cause ; no particular kinde of rule being so simply necessary by any divine right or law to any state or kingdome , but that as it was at first instituted , so it may in such a case be changed by the whole kingdomes generall consent , upon sufficient grounds . this appeares by the case of * charles the grosse , who being deposed from the empire and his kingdomes , for a mad man , and dying without any heire , the kingdomes which before were subject to him , destitute of a right heire , began to fall in sunder on every side , and to chuse kings of themselves of another family . france elected charles , a childe , sirnamed simple , for their king ; and after his simplicity displeased them , they crowned otho sonne of robert duke of saxony in his place ▪ at the same time the people of italy meaning to have a king of 〈…〉 not agree on the matter , but some chose beringarius , 〈…〉 kings in italy , both calling and bearing themselves as 〈◊〉 ; and the germanes elected arnolph duke of bavaria for their emperour . thus * zeno the emperour dying without any heire that might succeed him , anastasius a man of great reputation , yet of no noble family , was chosen his successor , by the senate and legions . the like we reade of divers other emperours deceasing without heire ; of some of our saxon and british kings , before the conquest ; and of other in castile , aragon , & other kingdomes , where the crowne hath beene translated from one family to another , by the kingdomes consent for want of heires . duardus * nonius leo , a learned portugall lawyer , informes us ; that ferdinand king of portugall , dying without any lawfull heire , lineall or collaterall , as they beleeved ; the estate of that kingdome assembling at coimbre , elected iohn a bastard for their king upon this very ground , ( specified in their decree of his election ) that king ferdinand dyed without any lawfull issue or kindred ; unde jure gentium , whence by the law of nations , they affirmed it to be lawfull for the people to chuse a king or governour , whom they pleased . beleeving therefore , that they had returned to that state wherein by the law of all nations they might create them a king , namely the kingdome being voyd without an heire ; they said they might lawfully elect iohn , a most valiant man , and one who best deserved of the common-weale to be their king , he being begotten of the stocke of the kings of portugall . thus this whole parliament at coimbre ; and this lawyer there , and elsewhere * affirmes ; that by the law of all nations , if the king in an hereditary kingdome die without heire , the people may lawfully elect whom they please for their king ; as they do in all elective realmes : which ioannes mariana , de rege & regis instit. l. . c. , . doth likewise averre : the reason is , * because the whole kingdome and people are the originall supreame soveraigne power , by whose common consent and authority all lawfull kings , kingdomes , and royalties were at first created and instituted , and from whom they derived all their regall iurisdiction : and therefore as all mesnalties , tenancies , and fees , by the deaths of their tenants without heire , returne by way of escheate to those lords and sergniories , by whom they were original●y created ; and all politique corporation lands , ( as abbies , prioies , bishopricks , hospitals , and the like , ) by the dissolution of those corporations by death or otherwise , returne to the first founders of them ; ( as * * all rivers run into the sea , out of which they primitively issue : ) so all successive kingdomes by the selfe same reason , upon the kings decease without any lawfull heires to inherit or succeed them , must by all law , right , equity , revert to the dispose and dominion of all the people of the realme , or to the representative body thereof the parliament as to the supreame lords and founders of it ; from and of whom the king himselfe doth hold the crowne , ( if i may so speake ) by those regall duties and services expressed in generall in his coronation oath , which he takes to all his people ; ) and if he die his heire to the crowne being within age , the parliament and kingdome as the soveraigne lord and power may and usually doth appoint a * guardian and lord protector over him ( as i have * elsewhere proved ) till his maturity , to discharge his regall trust and duty to his people in his name and stead . hence hugo grotius in his booke de iu●e belli & pacis , r. . c. . sect . , , , . concludes : that if an elective king dye , or 〈◊〉 king decease without any knowne heire to succeed him , the empire or soveraignty 〈…〉 in the king as head , returnes unto , and remaines in the people as in the intire body , which continues the same it was before : and therefore in such cases they may either create a new king if they please , as in elective kingdomes , or divide the kingdome into parts , and erect a new empire , as the romans , germans and persians did ; or change the government ; the people in this case being sui juris , having the raines of government in their owne hands , as at first before they erected an hereditary monarchy , to order and dispose of the government as they shall thinke meete : it being a thing which in its owne nature is not capable of an occupancy , nor seisible by any , unlesse the people will voluntartly desert their owne liberty , none having authority to usurpe a regency over them in such a case , but by their free assents . upon which ground he holds with cynus , and raynorius , that if the roman emperour ( or any other king by like reason ) be sicke , or taken prisoner , so as he cannot administer the government , the people of rome may create and appoint him a vice-roy to governe them ; the power of the emperour , and the most absolute monarch , being onely a power of administration for the peoples good and service , not of dominion for his owne profit ; of which none but the people can dispose ; as * abberius gentilis proves at large . yea , bishop bilson f himselfe ( though a great royalist , ) positively affirmes ; that if a king , or right heire to any crowne be borne , or becomes a naturall foole , or starke mad , or run besides himselfe , so that he is not able to governe himselfe , much lesse his realme ; in these two cases , any realme by publicke consent and advice may chuse another king : ( for what should he doe with a royall office , or by what divine or humane right can he enjoy a crowne , who is utterly unable to manage it ? ) upon this ground g king childerick was deposed by his french and german subjects generall consents , because he was a fool , a sot , a beast , unable to govern his kingdom , and pepin of another race , elected and crowned king in his stead ; which act by pope zacharies resolution , was adjudged both just and lawfull , even in point of conscience , before it was put in execution . so charles the third , the last emperour of pepins race , was deposed from the empire , by the princes , dukes , and governours of the provinces of germany and france , for that he became foolish and unfit to govern , being bereaved of his senses ; and by common consent , arnolph was elected emperour in his stead ; thus iustinus the second falling into a frenzie and madnesse , so that he had no sense nor understanding of any thing that was done , was removed , and tiberius placed in the empire ; at his coronation , iustinus used this notable speech ; let not the glory of these imperiall robes , lead thee into errour , neither be thou deceived with the glorious shew of such things as are subject unto the senses , wherewith i my self now ( alas ) beig snared , have brought my self foolishly into grievous torments . wherefore in governing the empire with great moderation and mildnesse of spirit , redresse what is amisse , and correct what i have lewdly committed . and pointing at his ill counsellors with his finger , he said ; * thou must in no wise be ruled by these men , for these be those which brought me into this lamentable plight , and the misery thou seest me in . a memorable strange speech of a distracted prince . and thus the emperour wenceslaus , was likewise deposed by the princes electors of the empire , for besotting himself so with pleasures , &c. as that he became altogether unfit for the government , and a man unprofitable for the empire and christian common-wealth ; and rupert count palatine of rhine , and duke of bavaria , was elected emperour in his stead . the like ( no doubt ) might be lawfully done here in england , by the whole kingdom and parliament , if any such cases of incurable folly or frenzy should befall any of our kings , who might then either create a lord protector to govern both king or kingdom , during such disabilities of government in the king ( as childricke for a time , before his deposition , was governed and over-ruled in all things by the marshall of the palace ) or else crown the next heir king , if he be capable to govern. yea , in the time of our saxon kings , when the right heir was an infant , unable to govern , the crown usually descended to the next heir of full age : hence * wibba king of mercia deceasing ▪ penda his son being an infant , the crown descended to his nephew c●orl of full age , after whose death penda being of ripe age inherited the kingdom . so king vvulfcher deceasing , leaving his son kenred within age , his brother ethelred succeeded him ; who resigning his crown and turning monke after he had reigned . yeers , kenred then of full age enjoyed the crown . so ethelfred king of northumberland dying , edelwald his brother entred the government and reigned , aldulfe , ethelherds son , being then a minor , who enjoyed not the crown till after edelwalds death . so * casse●elan succeeded lud his brother in the kingdom of britain , luds sons being too young and insufficient to reign : the like was very usuall in scotland , of which there are divers presidents in grafton , hector boetius , and buchanan , which i pretermit . all which particulars laid together , are a most clear unanswerable demonstration , that the soveraignest power and jurisdiction of all others , resides in the whole kingdom and parliament , not in the king himself , since they may thus dispose of the very crown it self , and are the sole and onely supream judges to determine all controversies . all titles which concern it ; the king alone having no power to transfer it to any other without the lords and commons free consents , as was resolved in the case of king iohn , who resigned and granted his crown to the pope , without the kingdoms consent ; and therefore the resignation and grant were adjudged void not onely by the * french king and his lords , but by our own parliament , as you may read in . ed. . nu. . and in doctor crakenthorpe , of the popes temporall monarchy , cap. . p. . to . i shall conclude this point with the words of this memorable record ; * the prelates , dukes , counts , and barons , being in the white chamber , and the commons in the painted chamber , it was shewed unto them by the chancellour , how they had understood the cause of the summons of parliament in generall ; but the will of the king was , that the causes should be shewed unto them in speciall , telling them how the king had understood that the pope by vertue of a deed , which he said that king john had made to the pope to do him homage for the kingdom of england and the land of ireland , and that by reason of the said homage that he ought to pay him every yeer perpetually one thousand marks ; and that he purposeth to make out processe against the king and his realm , for the said service and rent , concerning which the king prayed the advice and counsell of the prelates , dukes , earles , and barons : and what he should do in case the pope would proceed against him for this cause , or against the said realm : and the prelates prayed the king that they might thereupon advise alone by themselves , and return their answer the next morning : which prelates by themselves the next morning , and after the said dukes , earls , barons , and great men , answered and said ; that the said king john , nor no other , might put himself , nor his realm , nor his people in such subjection , without the assent and accord of them : and the commons being advised and consulted with thereupon , answered in the same manner . whereupon it was ordained and assented by common consent in manner following ; in this present parliament held at westminster , the munday next after the invention of holy crosse , in the yeer of the reign of king edward , the . as well to maintain the estates of holy church , as the rights of his realm and his crown , it hath been shewed amongst other things ; how it hath been reported and said , that the pope by vertue of a deed which he said that the said john , late king of england , had made to the pope in perpetuity , to do him homage for the realm of england and land of ireland , and by reason of the said homage to render to him an annuall rent , and hath purposed to make processe against the king for to recover the said services and rent ; the which thing being shewed to the prelates , dukes , earls , barons , and the commons , to have their advice and counsell thereupon , and to demand of them , what the king should do in case that the pope should proceed or attempt any thing against him or his realm for this cause : which prelates , dukes , earles , barons , and commons having taken full deliberation thereupon , answered and said , of one accord ; that the said king john , nor no other might put themselves , nor his realm nor his people in such subjection without their assent . and as it appears by many evidences , that if it were done , it was done without their assent , and against his oath in his coronation . and moreover that the dukes , earls , barons , great men , and commons accorded and granted , that in case the pope would endeavour or attempt any thing by processe or any other act , to constrain the king or his subjects to perform what is said he will claim in this behalf ; that they will resist and oppose him with all their might . and before this in the great * councell of lyons , the proxies and procurator of the church and realm of england , in the name of the whole realm , complained and protested against this grant of king iohn as a meer nullity , because it was made without the consent of the realm and lords , which neither did , do , nor ever after would consent thereto , as i have elsewhere proved : this being the common received opinion of all civilians and statists , that no king or emperour can alien , or engage all or any part of his kingdom to another without his subjects generall consents , and that such an alienation or morgage is meerly void in law to all intents , as albert. gent. de jure belli , l. . r. . and hugo grotius proves at large , de jure belli & pacis , l. . c. . . & lib. . cap. . sect . . where he affirms , that a king who aliens and would actually deliver up possession of all or any part of his realm to another forraign power without the peoples consents , may lawfully be resisted with force of arms by his subjects ; concluding with this sentence out of * seneca , with which i shall close up this discourse ; et si parendum in omnibus patri ( naturall or politicall ) in eo non parendum quo efficitur ne pater sit . this point i have thus copiously debated , not out of any the least intention to derogate from his majesties just supremacie and prerogatives royall , which i have oft solemnly sworn to maintain to the utmost of my power , and shall ( god willing ) perform ; but out of a serious desire to rectifie the generall mistakes of men , touching a pretended prerogative , which their fantasies onely ( not the law ) have unduely attributed unto kings : and to vindicate the just liberties , priviledges , and prerogatives of parliaments ( so much decryed , declaimed against of late by a company of ignorant papists , malignants , royalists , who know not what the jurisdiction of parliaments is ) according to the protestation , the clearing of which points ( in my weak apprehension ) is the onely high and ready way to compose our present differences , to settle all our distractions , which the ignorance , the mistakes of the kings and parliaments just prerogatives and powers , ( next to the treacherous malice of papists ) have principally raised among us , almost to the ruine of the kingdom . for my part , i professe sincerely , i love and honour both king and parliament alike , and in the controversies now between them concerning their jurisdictions , stand as a man indifferent to do right to both , without prejudice to either ; and the king being the principall member of the parliament , the elevating of its now disdained power to its due altitude , can be no depression , but advancement of the kings prerogative , which shines most perspicuously in parliaments , whiles king and parliament are united , and is most eclipsed onely when they are divided , as the precedents in all ages manifest . and this i dare confidently averre , that there are no such enemies to the kings prerogative , as those who advancing it beyond due bounds , do necessarily draw it into dispute , in which it commonly comes off with losse and diminution in the end , as in the late cases of loanes , ship-money , and the like . it was a notable true speech of our king * henry the . in the . yeer of his reign in the case of one george ferrers , a member of the commons house , arrested contrary to their priviledge , of which the king being informed , used these words among other to the speaker and house of commons , we are informed by our iudges , that we at no time stand so highly in our estate royall , as in the time of parliament ; wherein we as head , and you as members , are knit together into one body politick ; so as whatsoever offence and injury ( during that time ) is offered to the meanest of the house , is to be judged , as done against our person , and the whole court of parliament ; which prerogative of the court is so great , as all acts and processes coming our of inferiour courts , must for the time cease , and give place to the highest ; which being so , my vindication of the parliaments soveraign power and right , can be no impeachment , nor diminution of the kings just authority , though many sycophants and malignants falsly repute it so . if any here object against the premises , f that the king is the only supreme governour of this realm , that g bracton , h fleta , and our i law books resolve : that the king hath no peer in his kingdom , for so he should lose his empire , since peers ( or equals ) have no command over one another ; much more then ought he not to have a superiour , or mightier , for so he should be inferiour to those who are subject to him ; and inferiours cannot be equall to superiours . the king ought not to be under man , but under god and the law. if then iust●ce be demanded of him by way of petition , ( because no w●it runs against him ( though k anciently some writs did ) if he do not justice , this punishment may be sufficient to him , that he may expect god will revenge it . nemo quidem de factis suis praesumat disputare , multo fortius contra factum suum venire , &c. therefore the king is above the parliament , and whole kingdom , not they above him. i answer , first , that the meaning of all these books is , that the king is above every one of his su●jects , and hath no peer nor superiour , if they be taken particularly and dist●ibutively , as single men ; as the words parem , superiorem , in the singular number , and the like , explain the meaning of the books to be . but if we take them collectively in parliament , as they are one body and represent the whole kingdom ; then these very authors resolve ( in their forequoted words ) that they l are above the king , and may , yea , ought to restrain and question his actions , his mal●-administrations , if there be just cause . secondly , bracton explains himself , how he is highest and without a peer , to wit , in m distributing iustice , that is , he is the highest iusticiar in the kingdom , but as low as any in receiving iustice. thirdly , even in parliament it self , the king is the supreme member , and in that regard the parliament in most publike acts , in all their petitions or addresses , usuall stiles him , n their soveraign lord : besides , the parliament it self is ever o summoned , dissolved by his writ , in his name , by his authority : and in passing all acts and bills of grace , or such as are not simply necessary for the publike safety and utility of his people , he hath an absolute negative voyce , and his royall assent is in some sence simply necessary for the passing of all ordinary lasting binding laws : in which respects he is , and may be truely said in some sence , to be above the parliament it self , and the only supreme governour ; but yet in the forenamed regards , the parliament really is , and may be justly averred to be paramount him , and the supremest soveraign power , though not governour . fourthly , the oath of supremacy , that the king is the only supreme governour , relates only , and at least principally to the popes forraign princes authorities , formerly usurped in this realm , as the title , words , scope of the statute of eliz. cap. . and the very next words in the oath it self undenyably manifest , ( and that no forraign power , person , prelate , state or potentate hath or ought to have any iurisdiction , power , superiority , preheminence , or authority , ecclesiasticall or spirituall within this realm ; and therefore i do utterly renounce and forsake all forraign iurisdictions , &c. ) therefore it refers not at all to parliaments , or their jurisdiction , power , superiority , preheminence , or authority ; not so much as once thought of by the prescribers of this oath , which had its creation and authority from the parliament , and made some addition to the kings prerogative . fifthly , p bodin with others ( as i shall hereafter manifest ) assure us , that the soveraign power , and iurisdiction both in the roman and german empires , and in most forr●ign christian kingdoms , was , and yet is , in the senate , people , parliaments , states , dyets ; yet this is no empeachment at all to their royall supremacies , or titles of supreme heads , and governours , within their own dominions , no more then the asserting of generall councells to be above popes themselves , by the learnedst papists , is any derogation ( as they hold it is not now ) to the popes most absolute pretended soveraignty q above all emperours , kings , princes , prelates , subjects , and the world it self , of which they affirm him sole monarch : therefore by the self-same reason , this asserting of the whole kingdoms , and parliaments power to be above the kings , is no diminution at all , much lesse a denyall of his supremacy , and just prerogative royall . if then the parliaments power be thus higher and greater then the kings personall power and jurisdiction out of parliament , it will necessarily follow from hence : first , that in these unhappy times of division and separation of the kings personall presence ( not legall which cannot be severed ) from the parliament : the lords and commons orders , votes , ordinances , made legally in parliament it self , are to be preferred , obeyed by all the kingdom , before any his majesties proclamations , declarations , commissions , warrants , or mandates , made illegally out of parliament in affront of both houses proceedings and decrees , since when ever two distinct powers command different thing● , that are lawfull , or of the same nature , the higher power ought still to be obeyed ; as if a master commands his servant one thing , and the king another ; or the king one thing , god another ; the king is to be obeyed before the master , because the superiour power ; but god before the king , because the highest power , as the r fathers and canonists resolve most fully : and * doctor ferne with other asserters of the kings prerogative , not only grant , but prove ; and therefore presse an absolute obedience to all the kings commands against the parliament , on this false ground ; because the king ( say they ) is the highest soveraign power , and above the parliament it self : the contrary whereunto being now made evident to all men ; the argument falls fatally on them that urge it . the parliament , not the king , is the most soveraign power : erg● , its votes , and ordinances must be preferred and obeyed before the kings . yea , the parliament being the highest power , the king himself ought to submit thereto , and to be ruled and advised thereby . this conclusion ( though it may seem a paradox to most men ) is an undubitable verity both in point of divinity and policy , as is most apparent , by the sam. . . to . and c. , , to . . sam. . , , . c. . . to . k. . . to . . k. . , , . chr. . . to . chr. . & . c. . , , , . c. . . esth. . . to . c. . . to . ier● . . . to . dan. . . to ionah . . ezra . . . eccles. . . prov. . . c. . . c. . . compared together , and with iosh. . . to . iudg. . . to . ( where we finde the princes , and people alwayes overruling their kings , who submitted their judgement wholly to them , not the kings overruling their princes and people ; ) who as iosephus records , antiqu. iudaeorum , l. . c. . ought to do nothing besides , against , or without the sentence of the senate , or congregation ; whence king zedechiah said unto his princes , jere. . , . the king is not he that can do any thing against you : and in point of law and conscience , even in our own kings and kingdom , as is clear by e. . the preface , and c. . e. . parliament . the statute against provisors , e. . stat. . c. , , . e. . c. . and , with other statutes which i shall hereafter cite at large , in answer to the fourth objection , concerning the kings negative voice ; which texts and statutes those who will , may peruse at leisure for their better satisfaction . and in pauls time , the highest powers in rome , were not the roman emperours , as ignorant doctors make the unlearned world beleeve , but the roman senate , who had full power , not only to elect and command , but censure , and depose their emperours , and adjudge them unto death , as * iohn bodin acknowledgeth , and i shall hereafter abundantly manifest in the appendix . secondly , that the parliaments resisting of the kings personall commands ( especially such as are illegall and destructive to the kingdom ) or any private subjects resisting them by vertue of a publike ordinance or countermand from the parliament , is no resisting of the higher power , against pauls injunction , rom. . . to . as f doctor ferne , and other illiterated doctors vainly fancy , but a direct submission and obedience to the highest powers ( the parliament ; ) and those who resist the parliaments ordinances and commands ( especially such as tend to the preservation of religion , laws , liberties ▪ priviledges of parliament , and the kingdom , or bringing delinquents to condign punishment ) though they do it by vertue of any extrajudiciall countermand from the king or his ill counsellors , do both in point of law , divinity , conscience , resist the higher powers , because they resist the parliament ( which is in truth , the highest power , as i have manifested , not the king : ) and so shall receive damnation to themselves for it , either here , or hereafter , if they repent not ; which i seriously desire all those delinquents , papists , malignants , ill counsellors , and cavaliers , to consider , who contrary to severall orders , and declarations of parliament , yea contrary to the law of god , of nature , of the realm , have like unnaturall vipers , taken up offensive arms against the parliament and kingdom , to ruine them , religion , laws , and liberties at once . thirdly , hence it follows , that the resolutions and declarations of the lords and commons in parliament , the supremest court , against the commission of array , arming of papists , raising of forces , imposing taxes to maintain warre against the parliament , plundering , and the like , ought to be obeyed , and submitted to , as lawfull and binding , both by the king himself , the kingdom , and every private subject whatsoever ; and that the kings extrajudiciall and illegall declarations out of parliament in direct opposition and contradiction to these resolutions and votes of both houses in parliament , ought not to be obeyed , the king himself as our law books resolve , being no t competent iudge ( especially out of his courts ) what is law , or what not in those cases , but the parliament only . which extrajudiciall new device of controlling , affronting the resolutions and declarations of both houses , by opposite proclamations , and declarations published in his majesties name ; is such a transcendent violation of , and contempt against the known priviledges , the sacred venerable authority , and power of parliaments , as ( i am confident ) no age can paralell ; and if not severely vindicated by exemplary punishments of the highest nature , upon those ill counsellors , and corrupt lawyers , who contrive and pen them , will bring this highest , greatest and most honourable court ( wherein the u whole kingdom , and every member of it are represented ) into greater contempt and lesse estimation with all men , ( whether natives or forraigners ) then the basest court of pipouders is . no king nor subject ever yet attempted such affronts against the resolutions of any judges in inferiour courts ; let no person whatsoever then presume by pen or tongue , any longer to arraign or traduce the resolutions and ordinances of this highest tribunall . if kings or counsellors of state , will instruct or excite the subjects , peremptorily to disobey and contemne the ordinances , the judgements of the parliament , let them never expect the least obedience or submission to any of their own commands , which are of lesser credit and authority ; which all former ages have most reverenced and submitted to . fourthly , that the parliament and whole kingdom , being the highest power , or any member of the parliament , cannot by any publike acts or votes of theirs consented to in parliament , become traytors , or guilty of high treason , against the king , either by the common law , or the statute of edw. . chap , . of treasons , which running in the singular number ; if a man , &c. ( that is , any private man or men , by their own private authority ) shall levy warre against the king , &c. it ought to be judged high treason ; extends not to the whole kingdom , or court of parliament representing it , ( of which no treason was ever yet presumed , ) the rather , because the parliament by this very act is made the iudge of all treasons that are doubtfull , and was never yet included within the words or meaning of any law concerning treason , and therefore cannot be guilty of it . hence the depositions of a archigallo and emerian , two ancient british kings , by the unanimous assent of the lords and commons , for their rapines , oppressions , and tyranny , with other forenamed saxon kings ; and of edward the second , richard the second , henry the sixth , edward the fourth , by acts of parliament ; the creating of richard the third , king ; with the frequent translations of the crown from the right heir at common law , b to others who had no good title , by the whole kingdom or parliament , ( no lesse then c high treason in private persons ) was never yet reputed , much lesse questioned for , or adjudged high treason in the whole kingdom or parliament , or any chief active members in those parliaments ; which by the law , are uncapable of treason , for any their judiciall actions and resolutions in such cases , being only tortious and erroneous , reversible by other acts in parliament , not trayterous and rebellious , as appears by all the forequoted statutes ; and by eliz. cha . . which makes it high treason for any person to affirm , that the queen by authority of the parliament of england , is not able to make laws and statutes of sufficient force to alter , limit , and binde the crown of this realm , and the descent , limitation , inheritance , and government thereof , and any mans title , or right thereto . and for direct authorities in this very point , e robert trisylian and belknap ( then chief justices ) holt , fulthorp , and burgh , judges , locton king sergeant , and blake the kings counsell , in the parliament of rich. . were condemned , executed , and banished the realm , as guilty of high treason , only for affirming under their hands and seals . f that the duke of glocester , the earls of arundel and warwick were ; and the other lords and commons might be guilty of high treason , for procuring a commission , and other proceedings voted in parliament , and be punished it as traytors . which opinion of theirs , being afterwards affirmed for law , in a packed parliament , rich. . was the very next parliament in hen. . c. . , . repealed , and the judgement given against those judges for this trayterous opinion ( tending to the utter subversion of parliaments ) resolved , and enacted to be just . this g iudge h belknap foresaw , and therefore was unwilling to put his seal to this opinion , saying ; there wanted but a hurdle , a horse , and halter , to carry him where he might suffer the death he had deserved : for if i had not done this , i should have dyed for it , and because i have done it , i deserve death for betraying the lords . which makes me wonder at a passage in i speed ( who records it ) now frequent in malignants mouthes . that the very shop where the barons originall treasons were forged , was the parliament-house , wherein from time to time they forced on the king ( edward the second ) presumptuous and treasonous ordinations , not only to reform the kings house and counsell , and to place , and displace all great officers at their pleasure ; but even claimed a joynt interest in the regiment of the kingdom , together with the king , which william i●ge ( a iudge of the common law ) with other like sticklers , trayterously perswaded them , was according to law : which grosse slander of the parliament house , would have been capitall at least in former ages , and may now indanger the necks of those who speak or write the same of the present parliament . never did any of our kings , charge any parliament with high treason hitherto ; much lesse indict or wage warre against their parliaments , as traytors , though they have questioned and deposed kings for offences against , and being enemies or traytors to the kingdom : let none then dare affirm , that the houses of parliament are , or can be traytors now , for providing for their own , and the kingdoms safety , by a necessary defensive warre , which i shall in the third part fully clear to be neither treason , nor rebellion against the king in point of law , or conscience , either in the houses of parliament , or any that bear arms by their command . fifthly , that to conspire or levy warre against the parliament , or kingdom , to dissolve , or destroy it , or the members of it , is no lesse then high treason ; as hath been solemnly adjudged in parliament , e. . in the act entitled , exilium hugonis le de spenser , in e. . the preface , and cap. . in rich. . c. , , . and in the parliament roll , printed by order of both houses , august . . and before both these , in k glanvil , who declares it to be treason , even at the common law , si quis machinatus fuerit vel aliquid feoerit in seditionem regni : agreeable to l vlpian , and the m saxon laws , which inform us of treasons against the common-wealth and kingdom , ( the case of n cateli●● and o others ) as well as against the king ; and to the statute of . eliz. c. . which makes it high treason for any person to stirre up any forraigners or strangers with force to invade this realm or ireland . and if it be no lesse then high treason against the king to slay the chancellour , treasurer or any of the iudges , or iustices of either bench , eyer , assize , or oyer and terminer , being in their places doing their offices ( though by the kings command ; as is clear by e. . c. . and all our law books ; ) then much more must it be high treason against the king and kingdom , to warre against the highest court of parliament , or slay any member of it , for doing their offices and executing the houses just commands . if bare mis-councelling the king to the prejudice of the kingdom , hath so frequently been adjudged high treason against the king and realm in severall parliaments , as appears by the forecited histories of gaveston , the two spensers , alexander nevill , de la pole , trysilian , and others ; then what is it to miscou●cell , and assist him to make an offensive war against his parliament , kingdom , people , for to ruine them ? certainly this must be high treason against king and realm in the superlative degree . if the parliament and kingdom be destroyed , or their hearts blood shed , their vitall spirits let out by an unnaturall war against them ; the king himself ( at least in his royall capacity as king ) and his royall posterity too , must necessarily be unkinged , and overwhelmed in their ruines ; but if the kingdom stand and flourish ( for whose peace and safety kings themselves ought not onely to lay down their crowns , but * lives , as christ , the * king of kings hath resolved , and the high priest too , ) though the king should die or perish ( as all * kings ever were and will be mortall ) yet their posterity may enjoy the crown , and reign in honour , in prosperity after their death , which they cannot do if the kingdom perish . therefore all those malignants , papists , delinquents , and others , who have most unnaturally taken up arms against the parliament and kingdom to dissolve and ruine them , though by the kings own illegall commission or command , are not onely arch-traytors to the parliament and realm alone , but likewise to the king himself and his posterity too , in the very judgement of law ; whose blood is shed , whose crown and royalty subverted , ruined , in the bloodsh●d , ruine , destruction of his parliament , kingdom , people . as it is in the naturall , so likewise in the politic● body ; a mortall wound in any part of the body , kills both body and head ; the body naturall or politicke cannot die or miscarry , but the head must do so likewise ; therefore this war against the parliament and kingdom , must in point of law and conscience too , be a war against the king himself the chief politick head and member of them both , from which he cannot legally be severed , and high treason at least against them both , as the parliament , the sole judge of treasons hath resolved long since in their * declaration of august . . in th●se positive words ; the lords and commons do declare , that all such persons as shall , upon any pretence whatsoever , assist his majesty in this war , with horse , arms , plate , or money , are traytors to his majestie , the parliament and the kingdom , and shall be brought to condigne punishment for so high an offence : which they have since seconded in sundry other declarations and impeachments . in brief , the gunpowder plot in . iacobi to blow up the parliament house , was then adjudged , resolved by the parliament , * king and judges , to be high treason , not onely against the king , but parliament and kingdom too : and to blow up , or assault the parliament now , in the kings absence , is questionlesse high treason , both against the king , parliament , and kingdom . yea , the statute of . h. . c. . declares those , who shall claim the crown even of right , in any oeher manner then is limited by vertue and authority of that act , after the kings death ; with all their counsellors and abettors , to be deemed and adjudged high traitours to the realm , ( not the king ) and such their offence to be reputed high treason ; and they for it , to suffer such pains of death and forfeiture of lands and goods , as in any cases of high treason is used , onely because it might in common probability ingender a civil war and dissentions in the kingdom , to be destruction of the people and their posterities ; much more then must it be high treason against the realm , and those high traitours who now actually wage war against the parliament , the kingdom , and destroy the subjects and their estates in divers places , which they have burned , sacked , ruined . i read in * fabian , that eguiran , chief councellour to philip the third of france , was judged to death , and hanged on the gibbet at paris , for treason against king philip and the realm of france , as our powder traitors were executed for high treason against the king and realm of england of late , and gaveston with the spensers heretofore . by the stat. of e. . c. . . r. . c. . . r. . c. . . . r. . c. . . r. . c. . . . . h. . stat. . c. . & . mariae c. . certain offences are declared , and made high treason , and the committers of them , traitours and enemies , not onely , to , and against the king , but likewise , to , and against the realm : and in particular ; the illegall indicting of some lords to destroy them , as guilty of high treason , for procuring a commission in parliament supposed prejudiciall to the king and his crown , in r. . c. . and the opposing and annulling of that commission , and of some processe , iudgements , executions , made , given , and affirmed in some of these parliaments , raising forces , and leavying war against the parliament , and members of it to destroy them , were then * adjudged high treason both against the king and the realm ( though done by the kings expresse commission and command : ) the reason is , because the king himselfe and the whole realm in judgement of law , * are ever legally present in and with his parliament when they sit , ( as i have already proved ) where ever the kings person is ; and his royall legall will ( of which alone the law takes notice ) is ever presumed to concur with his greatest counc●ll the parliament , against whose priviledges , safety , and protection he neither can nor ought by law or right to attempt any thing ; and if any personall commands or commissions of the king , under his great seal , to do ought against magna charta , the subj●cts liberty● safety , property , the parliaments priviledges , the common or statute laws of the realm ( all which , together with the kings coronation oath , and the prologues of most old parliaments expresly prohibit the levying of war , killing , wounding , murthering , imprisoning , disinheriting , robbing , or plundering of the subjects , without legall triall or conviction , as do the statutes of r . c. . h. . c. . h. . c. . which prescribe exemplary punishments against such plunderers and robbers , especially the welchmen ; ) issue out to any person or persons whatsoever , especially to raise forces or levie war against the parliament or subjects , they are meerly void in law , and will rather aggravate then extenuate the guilt of those who obey or execute them : as is clearly resolved , not onely by . ass. p. . . brooke commissions : . . cooke l. . f. . . l. . f. . . l. . f. . to . but likewise expresly adjudged and enacted by the statutes of e. . . . c. . . . e . c. . . r. . c. . to . iac. c. . the petition of right , caroli . . e. . artic. super chartas c. . e. . c. . e. . c. . e. . c. . . e. . c. . and generally by all statutes concerning * purveyors : by the memorable old statute of e. . stat. , if any minister of the king , or any other person of what condition soever be be , do or come against any point of the great charter , or other statutes , or the laws of the land , he shall answer to the parliament , as well as the sute of the king , as at the sute of the partie , as far forth where it was done by commission or commandment of the king , as of his own authority : and by that parallel good law recorded by * fabian , made in parliament in the fi●st yeer of king henry the fourth ; that no lord , nor other person of no degree , should after that day lay for his excuse ( as some then did ) any constraint or coacting of his prince in executing of any wrong judgement , or other criminous or unlawfull deeds , saying ; that for fear they durst not otherwise do ; for such excuse after this day shall stand him in no stead . and in this parliament , * hall was judged to be drawn from the tower of london unto tiburne , and there to be hanged and quartered ( which was accordingly executed ) onely because he was one of those who secretly murthered the duke of glocester at calice ( illegally attainted of treason in the parliament of . r. . without due processe of the law , by king richard the second his command , for his good service done in parliament in & . of this king ) and likewise the dukes of aumarl , surrey , exeter , with other noble-men , were deprived of their dukedoms , of most of their lands , castles , honours , for having a finger in this dukes suffocation and death by king richards instigation and command , ( and had lost their heads too if the common people had been their judges , who murmured against king henry for sparing their lives ) as you may read in * walsingham and speed. if these then who murthered but one good peer of the realm by the kings speciall command , for his good service done in former parliaments , after an illegall judgement of high treason given against him , were thus hanged , quartered , degraded as traytors by a solemn judgement in parliament ; how severe a censure may they expect , who without , and before any such conviction or sentence , have taken up offensive arms to murther and destroy the parliament it self and chiefe members of it as traitors , and caused them or any of them illegally to be proclaimed traitors , the more colourably to wage war against them ? all which i would advise his majesties captains , cavalliers , and ill counsellors to consider . the rather , because all levying of war either against the king , or against the kingdom and parliament , ( now made a matter of high treason on both sides ) must and ought to be determined and resolved , which of them is high treason and which not , and the pa●ties guilty of it , must and ought to be tried , arraigned , judged , and condemned for it , onely in and by the parliament , and in and by no other court or iudges , as is punctually resolved by the severall statutes of r. . c. . . . . r. . c. . . . . . h. . c. . and the very words of the statute of e. . c. . of treasons , especially being a new case . if then the parliament are , and must be the onely judges of this question , which of the two parties now in arms are traitors ? and the onely court wherein all must be tried on this point , they may easily judge who are and must be the traitors in this case ; and those who by the kings meer personall command and presence ( whom they have treacherously withdrawn from his parliament ) fight now both against parliament and king in his legall and regall capacitie , when the time of triall comes , will be found reall traytors both to king and kingdom ( what ever their own ignorance , temporizing lawyers , or hopes of prevailing may now suggest unto them ) as the parliament hath already declared them in sundry remonstrances . in the parliament of e. . the two spensers were by a * speciall act of parliament adjudged traitors , banished , and their lands and goods confiscated , for miscounselling this king , and advising him to ride with armed troops of horses and men into glocestershire to assault the good people there , and to levie war within the realm , to the destruction of the church and people , contrary to the form of the great charter , and breach of the peace of the realm : what severe judgement then may those ill counsellors and cavalliers deserve , who have actually levied war , not onely against the county of gloc●ster , ( which they have pitifully harrowed and spoiled , contrary to all law , sacking p cicester to its utter ruine , and leading away the good people thence captives to oxford in triumph , for the most part barefooted , through dirt and mire , in the cold winter season , chained together in ropes , more like to turkish gallystaves then english christian subjects ; onely for this new kinde of supposed treason and rebellion , the defence of their liberties , lives , and goods , against theeving cavalliers , ( which they may defend by law , * and justifie the killing of all those who shall violently assault them or their houses , to rob them of them ) denying them so much as a draught of cold water to quench their thirst by the way , and keeping off all who would give it to them , many of them being since dead at oxford of famine and more then barbarous usage , but likewise against most counties and many towns of england , ( miserably wasted , sacked , pillaged , and some in cold blood burned by them ) and the whole kingdom , parliament , yea king himself in his politick capacitie ; and raised an army of papists against expresse late acts of parliament ; who not onely now set up their long exploded masse openly in yorkeshire , reading , and other places , but ( which my very soul abhors to think of ) have lately in a most impious manner , shit upon the english bible in folio , defaced and burnt many testaments , and godly english books , in iohn hamonds house ( a bookseller ) in marleborough , when they sacked it , in contempt of our religion , setting the chimney on fire with their excessive flames ; and if reports be credible , have since burned divers english bibles , with other good books , in the publike market place at reading , under the very gallows , in detestation of our protestant faith , whose utter extirpation is their chief designe . certainly , if these ill councellers , or murdering plundering cavalliers once come to a legall triall , a gallows will be too milde a punishment to expiate such a prodigious high treason , which former ages can hardly parallel , especially if they persevere therein . but of this more hereafter . sixthly , hence likewise it necessarily follows , that the houses of parliament being the soveraign power , ought of right to enjoy , and may when they see just cause for the kingdoms safety and benefit , order the militia , navy , ports , forts , and ammunition of the realm , and dispose of them into such persons custodies as they may safely con●ide in ; nominate and elect , both the great counsellers , publike officers , and judges of the kingdom ; of right require , ( if not enforce , if wilfully denied ) the kings assent to all publike bils of right and justice , necessary for the common-weal and safety of his subjects , in which the king hath no absolute negative voice ; take up defensive arms to protect their priviledges , laws , liberties , and established religion , not onely against malignants and popish recusants , but the king himself , if he raise forces against them , make war upon them , against his royall oath and duty , declaring himself an open enemy to his parliament and kingdom , that they may lawfully in case of present ruine and danger , without the kings concurrence , when he shall separate himself wilfully from , or set himself against them , ( which the q estates of aragon held a wickednesse in their king alfonso the third : ) impose taxes on the subject , and distrain their goods , imprison , confine , secure their persons for the publike safetie , when they deem it absolutely necessary . all which , with other particulars , i shall ( god willing ) fully prove , by such demonstrations , arguments , punctuall authorities , and undeniable precedents in former ages ▪ as shall , i trust , undeceive the blinded world ; and convince , if not satisfie , the greatest royallists , papists , malignants , both in point of law and conscience , in the next parts of this discourse . errata and omissions in some copies . page . l. . for lawes read courts p. . l. . cons●nts , may be dissolv ▪ by their consents . p. . l. . dele and p. . l. . eleventhly , r. eigh●hly . finis partis primae . the soveraigne povver of parliaments & kingdomes . or second part of the treachery and disloialty of papists to their soveraignes . wherein the parliaments and kingdomes right and interest in , and power over the militia , ports , forts , navy , ammunition of the realme , to dispose of them unto confiding officers hands , in these times of danger ; their right and interest to nominate and elect all needfull commanders , to exercise the militia for the kingdomes safety , and defence : as likewise , to recommend and make choise of the lord chancellor , keeper , treasurer , privy seale , privie counsellors , iudges , and sheriffes of the kingdome , when they see just cause : together with the parliaments late assertion ; that the king hath no absolute negative voice in passing publicke bills of right and iustice , for the safety , peace , and common benefit of his people , when both houses deeme them necessary and just : are fully vindicated and confirmed , by pregnant reasons and variety of authorities , for the satisfaction of all malignants , papists , royallists , who unjustly censure the parliaments proceedings , claimes and declarations , in these particulars . judges . . . . . . . then all the children of israel went out , and the congregation was gathered together , as one man , from dan even to beersheba , &c. and all the people arose as one man , saying ; we will not any of us go to his tent ; neither will we any of us turne into his house ; but now , this shall be the thing , that we will doe to gibeah ; we will goe up by lot against it . and we will take ten men of an hundred , throughout all the tribes of israel ; and an hundred of a thousand , and a thousand out of ten thousand , to fetch victualls for the people , that they may doe to gibeah , according to all the folly that they have wrought in israel . judges . . . . and it was so when the children of ammon made warre against israel , the elders of gilead said unto iepthah ; come , and be our captaine , that we may fight with the children of ammon , &c. then iepthah went with the elders of gilead , and the people made him head and captaine over them . ● ▪ ●●m . . ● . and the king said unto the people , wha●●●●emeth yov best , i will doe . jer. . . . then zedechiah the king said unto the princes ; behold , he is in your hand ; for the king is not he that can doe any thing against yov . it is this th . day of march , . ordered by the committee of the house of commons in parliament concerning printing , that this booke intituled , the soveraigne power of parliaments and kingdomes , be forthwith printed by michael sparke , senior . iohn white . printed at london by i. d. for michael sparke , senior , . to the reader . courteous reader , our usuall proverbe concerning science ; that it hath no enemies but ignorants ; is in a great measure now verified concerning the proceedings of this present parliament ; that few or none malignantly clam or against them ▪ but such who are in a great degree ignorant of our parliaments just saveraigne authority ; though many of them in their own high-towring conceits deeme themselves almost omniscients , and wiser than an hundred parliaments compacted into one . among these anti-parliamentall momusses , there are none more outragiously violent ( papists onely excepted ) in exorbitant discourses , and virulent invectives , against this parliaments soveraigne power , priviledges , orders , remonstrances , resolutions ; then a company of seemingly scient , though really * inscient , selfe-conceited court-doctors , priests , and lawyers ; who have so long studied the art of flattery , that they have quite forgot the very rudiments of divinity , law , policy , and found out such a divine , legall , unlimited absolute royall prerogative in the king ; and such a most despicable impotencie , inanity , yea nullity in parliaments , without his personall presence and concurrence with them ; as was never heard of but in utopia , if there ; and may justly challenge a speciall scene in the next edition of ignoramus . what god himselfe long since complained off ; * my people are destroyed for lacke of knowledge ; may now be as truly averred of the people of england , ( seduced by these blinde guides , or over-reached by iesuitically policies , ) they are destroyed for want of knowledge ; even of the kings just circumscribed prerogative ; of the parliaments supreame unlimited authority , and unquestionable priviledges ; of their owne haereditary liberties , and native rights : of the law of god , of nature , of the realme in the points now controverted betweene king and parliament ; of the machivilian deepe plots of priests and papist● long since contrived , and their confederacies with forraign states ( now visibly appearing ) by secret practises , or open violence , to set up popery and tyranny , throughout our realmes at once ; and by false pretences , mixt with deceitfull protestations , to make our selves the unhappie instruments of our kingdomes slavery , our lawes and religions utter ruine . the ignorance , or inadvertency of these particulars , coupled with a popish blinde obedience to all royall commands though never so illegall ; out of an implicit faith , that what ever the king commands ( though against the expresse lawes of god and the realme and resolutions of both houses of parliament ) may and ought to be obeyed 〈…〉 as some new doctor● teach ▪ hath induced not onely many poore ignorant english and welsh silly soules , but likewise sundry nobles and gentlemen of quality , very unworthily to engage themselves in a most unnaturall destructive warre , against the high court of parliament , and their * dearest native country , to their eternall infamies , and ( which is almost a miracle to consider ) to joyne with the iesuiticall popish party now in armes both in england and ireland , ( and some say under the popes owne standard ) not onely to subvert their owne lawes and liberties , but the very protestant religion here estabished , which they professe they fight for . in this deplorable warre many thousands have beene already destroyed ; and the whole kingdome almost made a desolate wildernesse , or like to be so ere this spring passe over ; and all onely for want of knowledge , in the premises , which would have prevented all those miseries and distractions under which we now languish almost to desperation , and death it selfe . to dissipate these blacke clouds of egyptian darkenesse , spread over all the land , distilling downe upon it in showres of blood insteed of aprill drops of raine , ( and i pray god they make not all our may-flowers of a sanguine dye , ) i have , ( after a long sad contemplation , of my deare countries bloody tragedies ) at the speciall request of some members of parliament , ( according to my weake ability , and few houres vacancy from other distracting imployments ) hastily compiled this undigested ensuing fragment ▪ with the preceding branch thereof , and by their authority , published that in dismembred parts , which by reason of its difficultie to the printers , & urgencie of present publike affaires now in agitation , i was disabled to put forth ( together with the remaining member ) in one intire body , as i desired . be pleased therefore kindly to accept that in fractions , for the present , which time onely must , and ( god-willing ) speedily shall compleat ; which by gods blessing on it , may prove a likely meanes to comprimise our present differences ; and re-establish our much-desired ▪ peace ; together with our religion , lawes , liberties in their native purity and glory ; ( the very crownes , and garlands of our peace ; ) peace accompained with slavery and popery ( both which now menace us , ) being worse then the worst of warres ; and an honourable death in the field fighting against them , better by farre then a disconsolate sordid slavish life , or a wounded oppressed conscience , ( though in a royall pallace ▪ under them . from such a disadvantageous , enslaving , ensnaring , unwelcome peace , good lord deliver us. all i shall adde , is but this request ; a charitable construction , of this meane service for my countries liberty , tranquility , felicity : and if thou , or the republicke reap any benefit thereby , let god onely enjoy thy prayses , the author thy prayers . and because i have walked in an untrodden path , in all the parts of this discourse . — si quid novisti rectius istis candidus imperti ; si non , his uteremecum . the soveraigne power of parliaments and kingdomes . having answered in the former part , the grand objection against the parliaments soveraigne power , i shall in this proceed to the particular crimes now objected against it . the second grand complaint of his a majesty and others , against the parliament is , that both houses by a meere ordinance , not onely without but against the kings assent , have unjustly usurped the power of the militia , a chiefe flower of the crowne , and in pursuit thereof , not onely appointed lieutenants , and other officers , to muster the trained bands in each county ; but likewise seised the ports , forts , navy , and ammunition of the king , together with his revenues ; to regaine all which , his majesty hath beene necessitated to raise an army , and proceed against them in a martiall way . this unhappy difference about the mi●itia , being ( next to the introduction of popery ) the spring from whence our uncivill warres have issued , and the full discussion thereof , the most probable meanes to put a speedy period to them : i shall with as ●uch impartiality and perspicuity , as i may , like a faithfull advocate to my country , and cordiall indifferent well-wisher both to king and parliament , truely state and debate this controversie , beginning with the occasions which first s●t it on foote . in the late happily composed warre betweene england and scotland , ( occasioned by the prelates ) divers counties of england were much oppressed by their lieutenants with illegall levies of souldiers , coat and conduct money , taking away the trained bands armes against their consents , and the like , for which many complaints were put up against them to this parliament ; many of them voted delinquents , unfit for such a trust , and all their commissions resolved to be against law ; so that the militia of the realme lay quite unsetled . b not long after , our northerne army against he scots , the pacification being concluded , was by some ill instruments laboured to march up to london , to over-awe or dissolve the parliament , and quash the bill against the bishops sitting in the house : which plot being discovered , and the chiefe actors in it flying over-sea ere it tooke effect , made the parliament jealous and fearefull of great dangers , if the command of the forces of the kingdome then vacant , should be continued in ill-affected , or untrusty officers hands ; which distrusts and feares of theirs were much augmented by the suddaine generall rebellion of the papists in ireland , who c pretended his majesties and the queenes commissions for their warrant ; by his majesties unexpected accusation of , and personall comming ( with an extraordinary guard ) into the house of commons to demand the five members of it , whom he charged with high treason ; by his entertaining of divers captaines , as a supernumerary guard at white-hall ; and denying a guard to the house ; by the earle of new-castles attempt to seise upon hull , and the magazine there , by command ; by the lord digbies advise to the king , to retire from the parliament , to some place of strength ; by the reports of foraine forces prepared for england , through the solicitation of those fugitives , who had a finger in the former plots ; and by the queens departure into the netherlands , to raise a party there . hereupon the parliament , for their owne and the kingdomes better security ( in the midst of so many feares and dangers threatned to them ) importuned his majesty to settle the then unsetled militia of the kingdome , by a bill , for a convenient time ; and seeing the king himselfe could not personally execute this great trust but by under-officers , by the same bill , to intrust such persons of quality and sincerity ( nominated by both houses , and approved by the king ) as both his majesty , parliament , and kingdome might securely confide in , to exercise the militia , and keepe the forts , magazine , and ammunition of the kingdome under him onely ( as before ) till these blacke clouds were dissipated . which his majesty refusing to grant in so ample manner as was thought meete for their security ; by a vote of both houses ( when they were full ) the militia was committed to divers noble lords and others ; many of whom have since laid downe their commissions , which they at first accepted from the houses , and instead thereof , beene active instruments in executing the commission of array ; ( issued out by his majesty , in direct opposition to the militia ) which the houses by two severall declarations have since voted and manifested , to be against the law , and liberty of the subjects . and to prevent the arrivals of foraine forces , and a civill warre in the bow●ls of the kingdom , they first put the tower of london , by the kings consent , into a confiding hand , trusted by either party ; then they secured hull and the magazine there ; after this , when they were informed his majesty had seised newcastle , and was raising an army , they possessed themselves of the navy , portsmouth , with other ports and forts ; and sequestred his revenues ; ( the nerves with which he should support this unnaturall civill warre ) which by degrees hath now overspread the whole kingdome , and threatens inevitable desolation to it , if not speedily determined , by an honourable safe accommodation . this being the true state and progresse of the militia , the sole question will be ; whether all the former circumstances of danger , & his majesties refusall to settle the militia , ports , &c. by an act ; in such trusty hands , as both king and parliament might confide in ; the parliament by an ordinance of both houses onely , without the king , refusing to joyne with them , and wilfully absenting himselfe from the parliament , might not in this case of necessity and extremity , ( for their owne , and the kingdomes safety ) lawfully settle and seise the premises , for the present , as they have done ? and whether this be a just ground for the king to begin or continue a desperate civill warre against his subjects ? for my part , i shall not undertake to justifie all passages on either side , in the managing of this businesse ; it may be there have beene errors at least in both parties : which to reconcile , as neere as possible , i shall premise such propositions on either hand , as neither can in justice deny . on the kings part it is irrefragable : first , that the kings of england , ( yea generally all kings where ever ) have usually enjoyed the chiefe ministeriall ordering of the militia ( in such sort as it hath beene setled by their parliaments ) for the defence of the kingdome by land and sea , against foraine enemies : a truth acknowledged , not onely by judge crooke , and hutton , in their arguments against ship-money , but by the parliament it selfe , in their two declarations against the commission of array ; the d scripture it selfe in sundry places , together with e aristotle , f polybius , g cicero , h iacobus valdesius , the i histories of all kingdomes attesting , that the originall cause of erecting kings was , and one principall part of their royall office is , to be their kingdomes generals in their warres , and fight their battailes for them ; the kings of sparta , and others , yea , the ancient roman emperours , being k nothing but their generalls to manage their warres , and oft elected emperours by the roman legions , for their skill in martiall affaires . secondly , that it is not onely l expedient , but in some respects necessary , that this chiefe ministeriall command of the militia , forts , and navy , should constantly continue in the crowne ; unlesse it be in some speciall cases ; as when the king is an infant , or unable , or unwilling to discharge this trust ; or intends to imploy this power against his subjects to infringe their liberties , and erect a tyranny instead of a royalty over them : and that it is not meete nor honourable to deprive his majesty of this part of his soveraignty , as long as he shall faithfully discharge his trust herein , but onely to recommend unto him such persons of trust and quality to manage the militia , forts , and navy under him , in these times of war and danger , in whose fidelity the parliament and whole kingdome may confide , and so be freed from their just jealousies , feares , and dangers . thus farre the houses have already condescended ; and upon these indifferent termes ( as they conceive them ) have oft m profered to resigne up all the ports , forts , ships , magazines , and ammunition they have seised on , into his majesties hands , they never desiring , nor intending to devest him of this his soveraigne power over them . on the parliaments part , it must necessarily be granted to them by the king : first , that the whole power which either his majesty hath or claimes , or his predecessors enjoyed over the militia , forts , navy , ammunition , & revenues of the crown ; was originally derived and granted to his ancestors , by the parliaments and kingdomes free consents , * and that onely upon trust and confidence for their prot●ction , benefit , security , as the premises abundantly evidence . secondly , that the king hath no other power over the militia , to array , arme , or muster his subjects in any case , then onely in such manner as the parliament by speciall acts hath prescribed , as sir edward cooke in his institutes on magna charta , f. . . this parliament in the two declarations against the commission of array , and judge crooke and hutton in their arguments against ship-money , have largely proved . thirdly , that in ancient times , in and before edward the confessors dayes , and since the heretoches ( or lord lieutenants of every province and country ) who had the chiefe power of the militia , and commanded them as their generals in the warres , were elected by the common councell of the kingdome ( the parliament ) throughout all provinces of the realme , and in every county ( by the freeholders ) in a full folkmote , or county court ; as appeares by the expresse words of king edwards owne lawes , recorded in n mr. lambard ; recited and affirmed by sir edward cooke in his institutes on magna charta , f. , . fourthly , that the sheriffe of every county ( who both * then had , and now hath full power to raise the militia , and forces of the county upon any occasion , to apprehend delinquents , execute proces of the law , suppresse riots , and preserve the peace of the county ) were not elected by the king , but by the free-holders of each county , as the o conservators of the peace , and all great officers of trust , then were , and the p coroners , foresters , and other officers , then and yet are elected by the free-holders , ( as well as q knights , citizens , and burgesses of parliament ) even at this very day ; this is evident by the expresse words of king edward the confessors lawes . cap. de heretochiis ( recorded by mr. lambard , archaion , p. . and sir * edward cooke ) attesting that the sheriffes of every county were chosen by the freeholders in the county court : and by the articles of deprivation against richard the second , charging this upon him as an illegall encroachment , * that he put out divers sheriffes , lawfully elected ( to wit , by the free-holders , ) and put in their roomes divers of his owne minions , subverting the law , contrary to his oath and honour . r in the yeare . the barons , by vertue of an ordinance of parliament made at oxford , in the yeare of henry the third , admitted and made sheriffes of divers counties in england , and named them guardians and keepers of those counties , and discharged them whom the king had before admitted . after which , great tumults and seditions arose throughout the counties of england about the sheriffes ; for the * king making new sheriffes in every county , and removing with regall indignation , those to whom the custody of the counties was committed by the barons and commons of the land ; the inhabitants of the counties animated with the ass●stance , and ayded with the counsell of some great men of the realme , by whom they were instructed ; with great sagacity , novos r●pulere viriliter vicecomites , manfully repulsed the new sheriffes ; neither would they answer , regard , or obey them in any thing . whereat the king being grievously troubled in mind , to gaine the peoples devotion & fidelity , directed his letters to all the inhabitants of the several counties of england , moving to piety & tending to regaine the subjects love . wherupon great discord increased betweene the king and his barons ; who comming to london with great forces , the king finding himselfe too weak , ended the matter for the present with a fained accommodation , which soone after was infringed by him ; and so , conquievit tandem per internuncios ipsa perturbatio , sub spe pacis reformandae , sine strepit●● guerrae , quorundum procerum ad hoc electorum considerationibus , parte utraque concorditer inclinata : sicque baronum omnis labor , atque omne studium praecogitatum diu , quorundam ( ut putabatur ) astutia intermixta cassatum est ad hoc tempus , & emarcuit ; quia semper nocuit differre paratis ; writes matthew westminster ▪ notwithstanding these contests , the people still enjoyed the right of electin ▪ sheriffes , which is evident by the statute of articuli super chartas , in the . yeare of king edward the first , c. . the king granteth to the people ( not by way of grace but of right ) that they shall have election of their sheriffe in every shire ( where the shrevalty is not of fee ) if they list , and chap. . for as much as the king hath granted the election of the sheriffes to the commons of the shire , the king will , that they shall chuse such sheriffes , that shall not charge them , &c. and sir edward cooke in his commentary on magna charta , f. , . , . . proves at large , the right of electing sheriffes , to be antiently , of late , ( and at this day in many places ) in the free-holders and people , as in london , york , bristoll , glocester , norwich , in all great cities which are counties , and in middlesex . seeing then the parliament and free-holders , in antient times had a just right to elect their generals , captaines , sheriffes , ( who had the sole power of the militia , and counties in their hands next under the king himselfe ) and there is no negative law in being ( that i can find ) to exclude them from this power ; i humbly conceive , that their setling the militia by an ordinance of both houses , and electing of commanders , lieutenants , captaines in each county to execute it , and defend the counties from plundering , and destruction , without his majesties consent ( especially after his refusall to settle it by an act ) can be no incroachment at all upon his prerogative royall , but only a reviving and exercising of the old undoubted rightfull power enjoyed by their predecessors , now necessary to be resumed by them ( in these times of feare and danger ) for the kingdomes safety . fifthly , the mayors , bayliffes , sheriffes , chiefe officers of cities and townes corporate throughout● the realme , ( who under the king have the principall command of those cities , townes , ports ▪ and in many places of the militia , and trained bands within them ) are alwayes chosen by the corporations and freemen , not the king , without any derogation to , or usurpation on his prerogative . why then may not those corporations , ( yea each county too by the like reason ) and the parliament , which represents them and the whole kingdome , without any prejudice or dishonour to his majesties authority , by an ordinance of both houses of parliament , without the king , dispose of the militia , and these military officers , for the defence of those corporations , and the realme too , now , in times of such apparent danger ? sixthly , all * military affaires of the kingdome heretofore , have usually , even of right , ( for their originall determining , counselling , ann disposing part ) 〈◊〉 ordered by the parliament ; the executive , or ministeriall part onely , by the king ; and so hath beene the use in most other kingdomes : to instance in particulars . first , the denouncing of warre against foraine enemies , hath beene usually concluded and resolved on by the parliament , before it was proclaimed by the king : as our records of parliament , and histories of warres in the holy-land , fr●●ce , scotland , ireland , abundantly evidence . s king henry the fifth by the advise of his prelates , lords , and commons in parliament , and at their encitement , twice denounced and undertooke his victorious warre against france , to which crowne he then laid claime , for which end they granted him subsidies : king t edward the . in the yeare of his reigne , calling a parliament at london , de concilio praelatorum & procerum , &c. by the advise of his prelates , lords and parliament , denounced war against the king of france : to recover his right and lands there seised . which to effect , both the clergy and laity granted him large subsidies . in the u fifth yeare of king edward the third , the warre against scotland was concluded and resolved on , in and by the parliament ; all the nobles and commons of england telling the king , they would gladly and willingly assist and goe with him in that expedition , which they vigorously prosecuted : before this , anno . a peace ( as well as war ) was conec●uded with the scots in and by a parliament at northampton . x anno . king henry the third summoning a parliament , and demanding ayd of his subjects to assist him in his warre against the king of france , to recover his rights there , they gave him a resolute answer , that they would grant him no ayde , and that he should make no war with france till the truce were expired : which matthew paris thus further expresseth : the nobles answered him with great bitternesse of heart ; that he had conceived this warre and vnyage into france without their advise : et talia effrons impudenter postularat , exagitans & depauperans fideles suos tam frequenter , tra●ens exactiones in consequentiam quasi a servis ultimae conditionis , & tantam pecuniam toties extorsit inutiliter dispensandam . contradixerunt igitur regi in faciem , nolentes amplius sic pecunia sua frustratorie spoliari . the king hereupon put them off till the next day ( romanorum usus vertutis fallaciis ) and then they should heare his minde concerning this and other matters . the next day he cals them one by one into his privy chamber , now one , then another , like a priest calling penitents to confession ; and thus those whom he could not all together overcome , weakned by being every one apart , hee endeavoured more cunningly to enervate with his words ▪ and demanding a pecuniary ayde of them he said ; see what this abbot hath granted me towards my aide ; behold what another hath subscribed , producing a fained roll , that such and such an abbot or peere had subscribed such a summe , when in truth not one of them had consented to it , neither came it into their thoughts . the king therefore with such false copies , and ensnaring words . cunningly inveagled many : notwithstanding most stood out , and would by no meanes recede from the common answer , which they had sworne not to recede from under paine of an anathema . to whom the king answered in anger , shall i be perjured ? i have sworne with an inviolable oath , that passing over sea , i will with a stretched out arme demand my rights of the king of france , which i cannot doe without store of treasure , which must proceed from your liberality , else i can by no meanes doe it . neither yet with these , or other words could hee entrap any , albeit , he called every man single to conferre with . after this , he againe called others which were more familiar with him , and so talking to them said , what a pernitious example give you to others ? you who are earles , barons , and valiant souldiers , ought not to tremble as others , to wit , prelates of the church doe . you ought to be more covetous to demaund the kings rights , and valiantly to fight against those who wrong me , &c. with what face then can you relinquish me poore and desolate now , being your lord , in such a weighty businesse which concernes the common-wealth , when i am bound by promises to passe the seas , which i ratified with an oath ? which when it came to the knowledge of all , they answered : we admire beyond all that can be spoken , into what bottomlesse pit the innumerable summes of money are sunke , which thou lord king hast cunningly gained , by divers wardships of great men , by various escheates , frequent extortions , as well from churches voyd of a pastour , as from the lands of noblemen , free granted donatives , engendring amazement in the hearts of the hearers , all which have never brought so much as the least increase to the kingdome . moreover all the nobles of england doe overmuch admire , quod sine eorum consilio et consensu , that without their counsell or consent you haue undertaken so difficult and perilous a businesse , giving credit to those who want faith , and contemning the favour of thy naturall subjects , exposest thy selfe to cases of so doubtfull fortune : thou dishonestly and impudently , not without just perill of thy soule , and wounding of thy fame breakest the articles of the truce betweene the king of france and thee , which thou hast sworn upon thy soule indissolubly and unviolably to keepe for three yeares space , &c. the king hearing these things , was exceeding angry , swearing by all the saints , that he would be revoked by no terrour , nor perswaded by any circumstances of words , to retard his begun purpose , and taking ship on quindena paschae , would undauntedly try the fortune of warre in foraine parts . and so the parliament dissolving in discontent and secret heart-burning on both sides , the lords and barons for a perpetuall memory of their heroicke answer returned to the king , set it downe in a notable remonstrance ( too large to transcribe ) which you may reade in * matthew paris . after this in the yeare . this * king summoned a generall parliament at london , wherein hee demaunded an ayde from his lords and commons to recover his right in france ; who instead of granting it , informed him very roundly and fully of his unkingly and base oppressions both of his subjects and strangers , to his owne and the kingdomes dishonour , and of his tyranny and rapines : at which the king being confounded and ashamed in himselfe , promised a serious and speedy reformation ; which because they thought to be but feigned , he answered they should shortly see it ; whereupon they replyed , they would patiently expect it till fifteene dayes after st. iohn baptist , adjourning the house till then . but the king seduced , hardned and much exasperated by his bad counsellers and courtiers , giving then a very high displeasing answer to their demands ; they all unanimously answered , that they would no more unprofitably impoverish themselves to enrich and strengthen the king and kingdomes enemies ; and that he had precipitately and indiscreetly , and without their consent hastned into poictiers , and gascoygne , and engaged himselfe in that warre ; whence he returned ingloriously with losse of his honour and treasure , to his great reproach . and so this parliament dissolving with discontent , the king grew very angry with his ill counsellors , for putting him upon these courses , which lost the hearts of his nobles and people : who to pacifie his anger and supply his wants , advised him to sell all his plate , utensils , and jewels to the londoners , and then to resume and seise them againe , as belonging to the crowne . y anno . the same king henry summoned a parliament to assist him in his warres in apulia ; but because he had taken upon him that warre without his barons and parliaments consent they and his owne brother , richard earle of cornwall , refused to grant or lend him any ayde . and * because all the barons and commons were not summoned to this parliament , as they ought to be , according to the tenor of magna charta , they refused to doe any thing , or grant any aide without the rest of the peeres were present ; and so returned home discontented . after this , z anno . this king summoning a parliament at london , demaunded ayde of them towards his warres in apulia ; to which the parliament gave this resolute answer , that they could no wayes supply him in this case without their owne undoing : and if he had unadvisedly , and unseemingly gotten from the pope the kingdome of apulia for the use of his son edward , he should impute it to his owne simplicity , and that he had presumed uncircumspectly without the consent of his nobles to undertake this warre , as a contemner of deliberation and prudence , which is wont to forecast the end of things ; therefore he should bring it to what issue he best could , and should take example from his brother richard , who refused the empire tendred to him , &c. in the second yeare of a king edward the second , he consented to this act of parliament , that he would begin no warre without common consent in parliament , which he then confirmed with an oath . so b an. edward . the lords and commons utterly refused to goe with the king to his wars in flanders , though they were summoned to doe it ; because this warre was proclaimed without their consents and good likings ; and they were not bound by their tenures to goe unto it ; petitioning the king to desist from this warre ; and at last caused the king in parliament to release these services . and c anno . the lords and commons for this very reason , refused to go with king iohn to his warres in france to recover his inheritance there . * in the sixt yeare of king richard the second , in a parliament holden at london , it was for many dayes together debated , whether the bishop of norwich ( henry spens●r ) wh●m the pope had made generall of his forces against the schismatickes of flanders , giving great indulgences to those who should assist him in person or with monies in this warre , should undertake that warre or no ? and after mu●h opposition of the captaines of the kingdome , alledging , that it was not safe to commit the people of the king and kingdome to an unexpert priest ; it was at last resolved in parliament ( through the constancy and valour of the knights and commons ) that he should undertake this war , and goe generall of the army : which office he valiantly managed with good successe ; being a better souldier than preacher . and the same yeare in another * parliament at london ; it was decreed by the parliament , that because the scots had broken their faith with the english , faith should be broken with them . ( frangenti fidem , fides frangatur eidem : ) and that a select power should be sent into scotland out of england , ( to wit , a thousand lances , and . archers ) to curbe their attempts , under the conduct of the lord thomas of woodstocke : which the scots being informed of , were greatly afraid , and in the end of the parliament sent humble supplicants to it , to treat with them about a peace or truce , which they desired . but the english having had such frequent experience of their falshood , would neither treat nor compound with them ; but reviling their messengers , commanded them to returne home , wishing them to defend their heads and rights as well as they could . who returning , the northerne lords undertooke the defence of their country , untill thomas of woodstocke should be p●epared to ayd them with greater forces . loe here both generalls , armies , warres appointed by the parliament , and subsidies likewise granted to supply them ; and the making of a peace or truce referred to them , it being agreed in a former treaty ; that if any dammage or injury should be done by either nation one to another , some speciall committees should be sent to the parliament of both kingdomes every yeare , who should publikely relate the injuries sustained , and receive amends according to the dammage suffered , by the judgement of the lords . in the printed statutes of ed. . parliament . and in our d historians too , ( i finde this preamble , recited almost verbatim , the next parliament the same yeare , chap . ) it is to be remembred , that at the parliament h●lden at westminster , the munday next after the utas of the holy trinity , in the reigne of our soveraigne lord the king that now is , of england the . and of france the . many things were shewed in full parliament , which were attempted by the adversary party , against our soveraigne lord the king of france , against the truce late taken in britaine , betwixt our soveraigne lord the king , and him . and how that he enforceth himselfe as much as he may , to destroy our said soveraign lord the king , and his allies , subjects , lands and places and the tongue of england . and that was prayed by our said soveraigne lord the king of the prelates , great men and commons , that they would give him such counsell and aide as should be expedient in so great necessity . and the same prelates , great men and commons taking good deliberation and advice , and openly seeing the subversion of the land of england , and kings great businesse , which god defend , if hasty remedy be not provided , have counselled joyntly and severally , and prayed with great instance our soveraigne lord the king , that he would make him as strong as he might to passe the sea , in assurance of the ayde of god and his good quarrell , effectually at this time , to make an end of his warres by way of peace or else by force . and that for letters , words , nor faire promises , he shall not let his passage , till he see the effect of his businesse . and for this cause the said great men do grant , to passe and adventure them with him . and the said commons doe grant to him for the same cause in a certaine forme , two quinzimes of the commonalty , and two dismes of the cities and burroughes , to be levyed in manner as the last quinzime granted to him , and not in other manner , &c. so that the money levyed of the same , be dispended in the businesse shewed to them this parliament , by advice of the great men thereto assigned . and that the aydes beyond trent , be put in defence of the north . a pregnant precedent of the parliaments interest in concluding warre and peace , and disposing of the ayde contributed towards warres , to such persons and uses as they deeme meete to confide in . by these , with infinite other precedents , the statute of iac. c. . and the act of pacification and oblivion betweene scotland and england , made this very parliament , enacting that no warre shall be levyed or made by any of either nation against the other without consent of parliament , under paine of high treason ; it is evident , that the principall right of concluding , denouncing warre or peace , resides in the parliament : and that the king without its previous advice and consent , ought not to proclaime any open warre , since the subjects estates ; and persons must support , wage it , and receive most disadvantage by it ; a truth not onely implyed but resolved by his majesties owne royall assent this very parliament in the act of pacification betwixt england and scotland . neither is this thing unusuall but common in other kingdomes . e livy , f polybius , g grimston , h plutarch , i iohn bodin expresly affirme and confirme by sundry examples ; that in the roman state , both under their kings and emperours , the chiefe power of denouncing warre and concluding peace , was in the senate and people : and if any of their emperours , consuls or generals concluded peace without their consents , it did not binde , but was meerely voyd , unlesse the senate and people ratified it by a new decree : neither might any warre be decreed , but in the great assembly of the senate and people together , and by a publike law. and because caesar had , without command of the people , made warre in france , cato uticensis delivered his opinion in the senate , that the army was to be called home , and caesar for his presumption delivered up to the enemy . so in the states and kingdomes of the * athenians , aetolians , polonia , sweden , denmarke and norway , no warre was begunne , nor peace concluded by their kings but by the authority and preceding decree of their senates , parliaments and diets , as k bodin proves at large . the like l buchanan affirmes of the kings of scotland ; and we have divine authority concurring with it , iosh. . , , &c. iudg. . . to . compared with prov. . . c. . . and iudg. . secondly , all preparations belonging to warre by land or sea , have in the grosse and generall , beene usually ordered , limited and setled by the parliaments : as namely , first , what proportions and summes of money should be raised for the managing of the warre ; in what manner and time it should be levyed ; to what hands it should be paid ; and how disbursed : which appeares by all the bills of subsidies , tenths , taxes , tonnage and poundage in the reignes of all our kings . secondly , how every man should be mustered , arrayed , armed , according to his estate , m as is cleare by all our statutes of armour , musters , captaines , ships , horses , warres , reduced under heads by n rastall ; where you may peruse them : by justice crookes and huttons arguments against ship-money ; sir edward cookes institutes on magna charta , f. , . the parliaments two late declarations against the commission of array : and the statute of winchester , . e. . c. . thirdly , how farre every man shall march when he is arrayed , o when he shall goe out of his owne county with his armes , when not : who shall serve by sea , who by land ; how long they shall continue in the warres ; when they shall be at their owne , when at the kingdomes , when at the kings costs or wages , and for how long time ; as the marginall statutes , and next forecited law authorities manifest . fourthly , when , where , and by whom p liveries , hats , coates , shall be given in warres , when not , and what q protections or priviledges those who goe to warres , or continue in them shall have allowed them . fifthly , what r shares or proportions of prisoners , prises , booties , captaines and souldiers should be allowed in the warres : and at what s ports and rates they should be shipped over sea. sixthly , t how and by whom the sea shall be guarded , and what jurisdiction , authority , and share of prises the admirals of england shall have ; when the sea shall be open ; when shut to enemies and strangers ; what punishments inflicted for mariners abuses on the sea ; and what redresse for the subjects there robbed by enemies or others . seventhly , what u castles , forts , bulwarkes , shall be built or repaired for defence of the realme , in what places , and by whose charges . eightly , what x punishment shall be inflicted upon captaines , who abuse their trust , detaine the souldiers wages , and on souldiers , who sell their armes , or desert their colours without speciall license . ninthly , what y provision there shall be made for , and maintenance allowed to souldiers hurt or maimed in the warres by land , and for mariners by sea. tenthly , that z no ayde , armour , horses , victuals shall be conveyed to the enemies by way of merchandise , or otherwise during the warres ; that all scots , and other enemies should be banished the kingdome and their goods seised whiles the warres continued betweene england and them . eleventhly , how a frontier castles and townes toward wa●es , and other places of hostility should be well manned and guarded , and no welchmen , irish , scots or alien enemies should be permitted to stay in england to give intelligence , or suffered to dwell or purchase houses or lands within those townes ; and that they shall all be disarmed . twelfthly , after what b manner purveyances shall be made by the captaines of castles , and how they shall take up victuall . in one word , warres have beene ended , leagues , truces made , confirmed , and punishments for breach of them , provisions for preservation of them enacted by the parliament , c as infinite precedents in the parliament rols and * printed acts , demonstrate . so that our parliaments in all * former ages , even in the reignes of our most martiall kings , have had the soveraigne power of ordering , setling , determining both the beginning , progresse , and conclusion of our warres , and the chiefe ordering of * all things which concerned the managing of them by sea and land ; being indeed the great counsell of warre , elected by the kingdome , to direct our kings ; who were and are in truth but the kingdomes chiefe lord generalls , ( as the d ) roman emperours , and all kings of old were their senates , states and peoples generals , to manage their warres and fight their battailes ) the soveraigne power of making and directing warre or peace , being not in the emperours or kings themselves , but in their senates , states and parliaments , as e bodin proves at large . and being but the kingdomes generals , f who must support and maintaine the warres , there is as great reason that they should direct and over-rule kings in the ordering of their warres and militia when they see cause , as that they should direct and rule their lord generall now , or the king his generals in both his armies . during the g minorities of king henry the sixth , and edward the sixth , the parliament made the duke of bedford regent of france , and the dukes of glocester and sommerset , lord protectors of england ; committing the trust of the militia , and warres to them : and ( i ) . h. . the parliament made h richard duke of yorke , lord protector of the realme , and gave him like power , when the king was of full age . and in our present times : the king himselfe this very parliament voluntar●ly committed the whole care and managing of the warres in ireland and the militia there to this present parliament ; who appointed both the commanders and al other officers of the forces sent hence into ireland : and that without any injury , or eclipse , to his majesties royall prerogative . if then the subjects and parliament in ancient times , have had the election of their generals , captaines , commanders , sheriffes , mayors , and other officers , having the chiefe ordering of the militia under the king ; if they have constantly ordered all parts and matters concerning the warres in all former kings reignes ; appointed regents and protectors , committing to them the kings owne royall power over the militia , during their minorities ; and his majesty himselfe hath permitted this parliament to order the militia of ireland , to which they have no such right or titleash to that of england , without any prejudice to his prerogative ; i can see no just exception , why his majesty should at first , or now deny the parliament such a power over the militia , as they desired for a time ; or why in point of honour or justice , their bill for setling the militia in safe under hands , in such persons as both sides may well confide in , should now be rejected , being for the kings , kingdomes , and parliaments peace and security ; much lesse , why a bloody intestine warre should be raised or continued , upon such an unconsiderable point on his majesties part : who seeing he cannot manage the militia in proper person in all counties , but onely by substitutes ; hath farre more cause to accept of such persons of honour and quality as his parliament shall nominate ( in whom himselfe and his whole kingdome in these times of warre and danger may repose confidence ) to execute this trust , then any whom his owne judgement alone , or some private lords or courtiers shall recommend , in whom the kingdome and parliament , in these jealous deceitfull times , dare not confide . the yeelding to the parliament in this just request , will remove all feares and jealousies , restore our peace , re-gaine his majesty the reall affections of his discontented subjects ; the persisting in the contrary course will but adde fuell to our flames , feares , doubts , dangers , and frustrate all hopes , all endevours of peace . from the militia it selfe , i descend to the consequencies of its denyall , the parliaments seising upon hull , with other ports and forts , the royall navy , ammunition , armes , revenues , and detaining them still from his majesty , the grand difference now pretended , whence the present warre hath emerged ; which these ensuing considerations will in a great measure qualifie , if not altogether satisfie . first , his majesty and all royalists must necessarily yeeld , that the ports , forts , navy , ammunition , armes , and revenues thus seised on by the parliament , though his i majesties in point of possession , yet are not his , but the kingdomes in point of right and interest ; they being first transferred to , and placed on his predecessors and himselfe by the parliament and kingdome : not in right of propriety , but k conditionally upon trust , ( his majesty being but a publike officer ) for the defence and safety of the realme ; and though his majesty came to them by descent , yet it was but in nature of the heire of a feoffee in trust , for the use and service of the kingdome ; as a king in his politicke ; not as a man or proprietor in his naturall capacity ; as our l law bookes , terminis terminantibus resolve . hence it hath been oft adjudged ; m that the king can neither by his will in writing , nor by his letters patents , devise or alien the lands , revenues , jewels , ships , forts , or ammunition of the crowne ( unlesse it be by vertue of some speciall n act of parliament enabling him to doe it by the kingdomes generall consent ; ) and if any such alienations be made , they are voyd in law , and may be , yea have beene o oft resumed , reversed by the parliament ; because they are not the kings , but kingdomes , in point of intere●t and propriety : the kings , but in possession and trust for the kingdomes use and defence . hence it is , that if the king dye , all his p ships , armes , ammunition , jewels , plate , debts to the crowne , moneyes , arrerages of rents or subsidies , wards , and rights of presentments to voyd churches , goe onely to his successors , not to his executors , ( as in case of a common person , ) because he enjoyes them not as a proprietor ( as other subjects doe ) but as a trustee onely , for the g kingdomes benefit and defence ; as a h bishop , abbot , deane , mayor , or such like corporations , enjoy their lands , not in their naturall but politicke capacities , for the use and in the right of their churches , houses , corporations , not their owne . upon this ground i king harold pleaded his oath and promise of the crowne of england to william the conquerour , without the kingdomes consent , to be voyd ; and k king philip , with all the nobles , of france , and our owne parliament ( e. . rot . par● . nu . . ) unanimously resolved , king iohn his resignation and grant of the crown and kingdome of england , to the pope , without the nobles and parliaments consents , to be a meere nullity , voyd in law , binding neither king nor subject ; the crowne and possessions of it , being not the kings but kingdomes . and before this , * anno do● . . in the great councell of lyons , under pope innocent , to which king henry the third , sent foure earles and barons , together with the english prelates , and one master william powyke an advocate , to complaine of the popes exactions in the councell , which they did ; where they likewise openly protested against the annuall tribute extorted by the pope , by grant from king iohn , ( whose detestable charter granting that annuall tribute , was reported to be burnt to ashes in the popes closet , by a casuall fire during this councell ) as a meere nullity , and that in the behalfe of the whole kingdome of england ; eo quod de regni assensu non processerat , because the kingdome consented not thereto ; and because the king himselfe could make no such charter to charge the kingdome . which matthew paris thus expresseth . w. de poweric anglicanae vniversitatis procurator assurgens , gravamina regni angliae ex parte universitatis angliae , proponens satis eleganter ; conquestus est graviter , quod tempore belli per ●●uriam romanam , extortum est tributum injuriose , in quod nunquam patres nobilium regni , vel ipsi consenserunt , nec consentiunt , neque in futurum consentient , unde sibi petunt justitiam exhiberi cum remedio . ad quod papa , nec oculos elevans , nec vocem , verbum non respondit . upon this reason ( l ) matthew paris speaking of king henry the third his morgaging his kingdome to the pope , * anno . for such monies as he should expend in the warres : useth this expression . rex secus quam deceret , aut expediret , se , suumque regnum , sub paena exhaeredationis , quod tamen facere nec potuit nec debuit , domino papae obligavit . hence king edward the third , having the title of the king and crowne of france devolved to him , which made some of the english feare , that they should be put in subjection to the realme of france , against the law ; the parliament in the . yeare of his reigne , stat. . passed a speciall act , declaring ; that the realme of england never was , nor ought to be in subjection , nor in the obeysance of the kings of france , nor of the realme of france : and enacting ; that the king of england or his heires , by colour of his or their titles to the crowne , seale , armes , and title of the king of france should not in any time to come put the realme of england , or people of the same , of what estate or condition soever they be , in subjection or obeysance , of him , nor his heires nor his successors , as kings of france , nor be subject , nor obedient , but shall be free and quite of all manner subjection , and obeysance as they were wont to be in the time of his progenitors , kings of england for ever . by the statute of r. . c. . it is resolved , that the king could not alien the land , castles , ships , revenues , jewels , and goods of the crowne ; and a commission is thereby granted to inquire of , and resume all such alienations as illegal . hence the commons in the parliament of r. . c. . of praemunire , in their petition to the king , and the whole parliament in and by that law , declared ; that the crowne and kingdome of england , hath been so free at all times , that it hath beene in subjection to no realme , but immediately subject to god , and to none other ; which ( by the prosecution of suites in the court of rome for benefices , provided against by this act ) should in all things touching the regality thereof , be submitted to the bishop of rome , and the laws and statutes of the realme be by him defeated and frustrated at his will , to the destruction of the king , his soveraignty , crowne and regality , and of all his realme ; in defence whereof in all points , they would live and dye . hence the kings of england have alwayes setled , entailed , and disposed of the succession and revenues of the crowne by speciall acts of parliament , and consent of the whole realme , because the whole kingdome hath an interest therein , without whose concurring assent in parliament , they had no power to dispose thereof : as the statutes of r. . c. . h. . c. . h. . c. . h. . c. . h. . c. . h. . c. . mar. c. . and parl. . c. , . eliz. c. . eliz. c. . iac. c. . hals chron. f. . . h. . p. . . to . doniels hist. p. . , . abundantly manifest , and cooke l. . the princes case . upon which ground * king edward the sixt , his devise of the crowne of england to the lady iane , by his last will in writing , without an act of parliament , contrary to the statute of h. . c. . was adjudged voyd ; though subscribed and sworne to , by all the lords of the privy counsell , and all the iudges but one ; and queene iane , with the duke of northumberland and others , who proclaimed her as queen of england by vertue of this devise , were condemned and executed as traytors : whereas auy private subject may devise , and settle his estate as he pleaseth , without any speciall act of parliament to authorize him . hence in the parliament roll of h. . num. . the last will and testament of deceased henry the fifth , and the legacies therein bequeathed of . markes in goods , chattels , jewels , moneyes for payment of the kings debts , are ratified by the lords , commons , and protectors , concurring assents by an act of parliament , as being otherwise invalid to binde the king or kingdome . and num. . queene katherines dower of . scutes per annum , concluded on by articles upon her marriage , and by a parliament held the second of may in the . yeare of king henry the fifth , well approved , authorized and accepted , which articles that king then swore unto , and the three estates of the realme of england , to wit , the prelates , nobles , and commons of england , in that parliament , and every one of them , for them , their heires and successors , promised well and truely to observe and fulfill for ever , as much as to them and every of them appertained : was after her husbands death , upon her petition , by a speciall patent made by this infant king her son , with the assent of the lords spirituall and temporall , and commons of england , in that present parliament assembled , assigned , setled , and confirmed , out of the crowne lands therein specified : else it had not beene binding to the successor king or realme : the crowne lands being the kings but onely in the kingdomes right ; whence all our queenes dowers and joyntures have usually been setled and confirmed in and by parliaments , ( wheras any other man may endow or make his wife a good joynture , without the parliaments assent or privity ; ) and in * e. . the queene dowagers great ioynture ( which tooke up three parts of the kings revenues ) by common consent in a parliament , held at nottingham , was all taken from her , ( because not duely setled by parliament , and too excessive , to the kings and kingdomes prejudice ) and she put to a pension of . li. per annum , during her life . and by the statute of h. . c. . it is expressely resolved , that king henry the fifth could not alien or pledge the ancient jewels or goods of the crowne , to maintaine his warres , without a speciall act of parliament ; and if he did , those to whom he pawned or sold them , were still accomptable to the crowne for them , and the alienation voyd ; whence , the carrying of the jewels , treasure , and plate of the kingdome over sea into ireland without assent of the nobility and parliament , was one of the m articles objected against richard the second in parliament , when he was deposed ; the jewels and crowne lands being not the kings in right of property and interest , but the kingdomes onely ; and so all alienations of them without the parliaments consent voyd , and usually n resumed by the parliament ; witnesse the notable act of resumption in h. . and h. . c. . of all the kings grants of any honours , castles , townes , villages , manors , lands , rents , reversions , annuities , &c. from the first yeare of his reigne till then , with divers other precedents of resumptions in the margin , in king stevens , rich. , . & hen. , , & . their reignes . these resolutions of our common and statute law , are seconded by many forraigne civilians , as baldus in proem . de feud . n. . . aretine in rubric . lucas de penna . cod. de omni agro deserto . l. quicunque f. , . albericus de rosate : quodcunque . praescrip . bene a zenone . n. . f. . . . boetius epan . haeroic . quest . qu. . n. . qu. . n. . . . didacus cavaruvius , practic . qu. c. . n. . martinus laudensis , de confaed . tract . . qu. . ioan. andreas , in cap. dilect . de maior . & obed. franciscus vargas de author . pontif . axiom . . n. . concilium toletanum . surius concil . tom. . p. , . with sundry others ( many of whose words you may reade in doctor crakenthorps defence of constantine , p. . to . ) who affirme ; that the emperour or any other king cannot give away any townes or territories belonging to their empire or kingdomes , contrary to their oathes and trusts , they being the kingdomes not theirs in right . whence they conclude , constantines pretended donation of rome , and italy to the pope , a meere nullity . and * francis the first king of france , an. . professed publikely to all the world ; that it was not in the power of a french king , to bind himselfe to the alienation of any lands , townes , or territories belonging to the crowne , without the consent of the generall estates of france , & of his soveraigne courts and officers , in whose hands the authority of the whole realme remained ; and therefore ●e refused to consigne the dutchy of burgoyne to the emperour charles the fifth , who had taken him prisoner in the battle of pavia , or to release his right to any territories belonging to the crowne of france , though he had sworne to do it to procure his liberty , alledging that he had no power to do it , without his kingdomes and parliaments consents . it is true , o our law-bookes say ; that the king cannot be seised of lands to any private subjects use , by way of feofment , because it stands not with his honor to be any private mans feoffee ; because no subpena lieth to force him to execute it , & he is a corporation : yet he may have the possession of lands in others right , and for their uses ( as of p wards , ideots , lunaticks , bishops during the vacation , and the like ) and if he alien these lands in fee to their prejudice , the q grant is voyd in law , and shall be repealed , as hath beene frequently judged ; because he possesseth these lands not in his owne , but others rights . so the king hath his crowne lands , revenues , forts , ships , ammunition , wards , escheates , not in his owne but the kingdomes right , r for its defence and benefit ; and though he cannot stand seised to private mans use , yet he may and doth stand seised of the premises to his whole kingdomes use , to whom he is but a publike servant , not onely in law but divinity too , sam. . . sam. . . isa. . . psal. . , , . rom. . . pet. . . . chron. . . secondly , all the ships , ammunition , armes the parliament hath seised , were purchased not with the kings , but kingdomes monies , for the defence and service of the kingdome , as the subsidy bils and s acts for tunnage and poundage , the kings owne t declaration , and u writs for shipmony attest . if then the representative body of the kingdome , to prevent the arrivall of forraine forces , and that civill warre they then foresaw was like to ensue ( and hath experimentally since fallen out even b●yond their feares , and overspread the whole kingdome , to which it threatens ruine ; ) hath seised , sequestred the kingdomes ports , forts , navy , ammunition into trusty hands for the kings and kingdomes use , to no other end , but that they should not be imployed against the king and parliament by his majesties malignant counsellors , and outragious plundering cavaliers , what indifferent sober man can justly tax them for it ? x queene elizabeth ( and the y state of england heretofore ) during the warres with spaine , inhibited the haunse townes and other foraine merchants ( over whom she had no jurisdiction ) to transport any materials for warre through the narrow seas to spaine ( though their usuall merchandize to those parts , and the sea , as they z alleadged , was free , for feare they should be turned against our kingdome , and after notice given , made them prise ) for any of her subjects to seise on . and it is the common policy this day , and anciently of all states whatsoever , to seise on all provisions of warre , that are passing by way of merchandize onely towards their enemies , though they have no right or propertie in them ( and to grant letters of mart to seise them , as we have a usually done ) which they plead they may justly doe , by the law of nature , of nations , to prevent their owne destruction . much more then may the houses of parliament , after the sodaine eruption of that horrid popish rebellion in ireland , and the feares of a like intestine warre from the malignant popish prelaticall party in england , expecting forces , supplies of mony and ammunition from foraine parts , seise upon hull , other ports , the navy and ammunition ( the kingdomes proper goods , provided onely for its defence in such times as these ) when his majesty refused to put them into such hands as the kingdome and they might justly confide in , and the contrary malignant faction plotted to get possession of them to ruine lawes , lib●rties , religion , parliament , kingdome : and what mischiefe thinke you would these have long since done to parliament and subjects , had they first gotten them , who have already wrought so much mischiefe without them , by the kings owne encouragement and command ? doubtlesse the parliament being the supreame power , now specially met together and intrusted by the subjects , to provide for the kingdomes safety , had forfeited not onely their discretion , but trust , and betrayed both themselves , their priviledges , the subjects liberties , religion , countrey , kingdome ; and not onely their friends , but enemies would have taxed them of infidelity , simplicity , ( that i say not desperate folly ) had they not seised what they did , in the season when they did it ? which though some at first , imputed onely to their over-much jealousie , yet time hath since sufficiently discovered , that it was onely upon substantiall reasons of true christian policy . had the cavaliers and papists ( now in armes ) gotten first possession of them , in all probability wee had lost our liberties , lawes , religion , parliament long ere this : and those very persons ( as wise men conceive ) were designed to take possession of them at first ( had they not beene prevented ) without resistance , whom his majesty now imployes to regaine them by open warres and violence . it is knowne to all , that his majesty had no actuall personall possession of hull , nor any extraordinary officer for him there , before sir iohn hoth●m seised it , but onely the maior of the towne , elected by the townesmen , not nominated by the king ; neither did sir iohn enter it , by order from the houses , till the king had first commanded the major and townesmen ( whom he had constantly intrusted before ) to deliver hull up to the earle of newcastle , now generall of the popish northerne army ; the first breach then of trust , and cause of jealousie proceeding from the king himselfe in a very unhappy season ; where the quarrell first began , and who is most blame-worthy , let all men judge . if i commit my sword in trust to anothers custody for my owne defence , and then feare or ●ee that hee or some others will murther me with my owne weapon , it is neither injury nor disloyaltie in me for my owne preservation , to seise my owne sword till the danger be past ; it is madnesse or folly not to doe it , there being many ancient and late examples for to warrant it ; i shall instance in some few . by the b common law of the land , whiles abbies and priories remained , when we had any warres with foraine nations , it was lawfull and usuall to seise all the lands , goods , possessions of abbots , of priors aliens of those countries ▪ during the warres ( though they possessed them onely in right of their houses ) lest they should contribute any ayd , intelligence , assistance to our enemies . yea it anciently hath beene , and now is the common custome of our owne and other kingdomes , as soone as any breaches and warres begin , after proclamation made , to seise and confiscate all the ships , goods , and estates of those countries and kingdomes with whom they begin warre , as are found within their dominions for the present , or shall arrive there afterwards , left the enemies should be ayded by them in the warres , ( preventing physicke being as lawfull , as usefull in politique as naturall bodies ; ) which act is warranted by c magna charta , with sundry other statutes quoted in the margin . and though these seisures were made by the king , in his name onely , yet it was by authority of acts of parliament , as the publike minister of the realme , for the kingdomes securitie , and benefit rather then his owne . but to come to more punctuall precedents warranted by the supreme law of salus populi , the onely reason of the former . d anno dom , ● . upon th● confirmation of the great charter and of the forest by king iohn , it was agreed , granted and enacted in that parliamentary assembly ▪ at running-mead ▪ that the . barons then elected for the conservators of those liberties and charters , with the commons of the land , might distraine and enforce the king ( if he violated these charters , and made no redresse thereof within . days space after notice ) by seising upon his castles , lands , possessions , and other goods ▪ till amends should be made according to their arbitration . and for more certainety , the fou●e chatelaines ( or chiefe captaines ) of the castles of northampton , * kenelworth , nottingham , and scarborough , should be sworne to obey the commandment of the . barons , or the major part of them in whatsoever they thought good concerning these castles . wherein none should be placed but such as would be faithfull and observe their oath . and upon this accord , rochester castle and others , whose custody , of antient right belonged to the archbishop of canterbury , with other castles appertaining to the barons , were restored to them by the king ; who breaking all his vowes & charters immediatly after , ( through the barons and peoples supine negligence , overmuch confiding to the kings oath and confirmations , and fond conceite of holding that by peace which they had recovered by violence from a perfidious king , ) in halfe a yeares space recovers all the castles againe even to the borders of scotland by meanes of foraine forces , and a malignant , despicable , domemesticke party , ( hee having scarce seven knights faithfull to him , being generally forsaken of all ) and made him●elfe absolute master of all england , except the citie of london , the suburbs whereof hee burned and sacked , and so tyrannised over his subjects with fire , and sword , pillaging them every where . * vastand● omnes domos , & aedificia baronum divisis agminibus succendebat , spolia cum animalibus rapiebat ▪ & de rapina iniquitatis ministros quos habebat nequissimos saginabat , &c. suffici●bat ad ca●sam mortis simplicibus incolis , si aliquid habere credebantur , & qui nihil habebant , fateri habere cogebantur ; & qui non habeb at , habere ut persolveret , paenis exquisitis distringebatur . diseurrebant ●icarii caede humana cruentati , noctivagi , incendiarii , filii belial strictis ensibus , ut delerent a faci● terrae , ab homine usque ad pecus , omnia ●umanis usibus necessaria , eductisque cultellis villas , domos , caemiteria , ecclesias perlustrabant , omnes spoliabant , ita quidem ut nec muliebri s●xui , nec parvulorum vel decrepitorum par●erent aetati . et quod consumere non valebant , incendio tradebant , vel despergentes inutile humanis usibus reddebant . et quos nulla nota premebant , inimicos regis vocantes ( si inimici sui appellandi sunt , qui eum ad mansuetudinem & justitiam mansuetam introducere voluerunt ) ubicunque reperiebantur , raptim trahebantur in ●arcerem paenalem , vinculis mancipati , & tandem ad gravissimam coacti redemptionem , &c. ( a ture character of our times , and plundering barbarous cavaliers : ) which so farre exasperated the barons and people , that they elected another king. but the end for which i cite this precedent is , to manifest , that the lords and commons in that age , did not thinke the kings owne charter , promise , protestations , oathes , proclamations , the bishops and popes solemne excommunications , and those . new conservators , a sufficiant securitie to preserve their lawes and liberties against the invasions of an , unconstant , wilfull foedifragous king , unlesse they had the power and command of his chiefe castles and the militia added to them ; which wee see through overmuch securitie , and want of vigilancy , were all too little to preserve their liberties against an unconstant oppressing prince , whose oaths and protestations were but like e sampsons cords , broken all to peeces like a thread in a moment , by those who had sampsons strength . king henry the third was no whit inferior to his father iohn , in unconstancy , and perfidiousnesse to his subjects , with whom when he had oft broken his faith and solemne oathes , the f lords and barons ( having no other meanes of securitie , left to preserve their lawes , liberties , kingdome from vassallage and destruction , or to enforce the king to keepe those ordinances which hee had made and sworne to observe in a parliament at oxford but few yeares before ; all which he laboured to rescinde , having procured a dispensation of his oath from the pope to colour his perjury ; ) in the yeare . appointed new sheriffes and gardians of shires , discharging such as the king had before admitted , and raysing a strong power in the marches of wales , sent a letter to the king under the seale of sir roger clifford , beseeching him to have in remembrance the oath and promises hee had made , f●r the observing of the statutes enacted at oxford , with other ordinances made to the honour of god , for faith and allegiance to his person , and for the weale and profit of his realme ; willing him further to withstand and defie all such persons , as will be against the said acts , saving the queene and her children . after which letter sent , and no answer to it received ; the barons with banners displayed , went against such malignants as they knew held against those acts. and first at hereford , they tooke the bishop and all his chanons who were aliens borne , taking away their money and cattle , and plundering their houses and manors . and marching towards london , much people fiocking to them , in their passage , ever as they found any that they knew to be against the maintenance of the said acts , they imprisoned them and spoyled their houses , were they spirituall or temporall men : furnished the especiall fortresses of the kingdome with gardians of their owne , and in divers of the kings castles they set in such men as they liked , and put out such as the king had placed there before ; and gave them an oath , that they would be true and faithfull to the king , and keepe those castles to his use , and to the weale of the realme . and when william de valens denied with oathes to render up any castle which was given him , by the king ( his brother ) to keepe ; the earle of leycester and the rest of the barons answered ; they would either have his castles or his head : which so terrified the poictovines , that they left oxford and their castles to the barons , and fled into france . which g castles when the king and lords were accorded , together with the castles of dover ( nec regi ablatum nec vetitum , sed tanquam clavis totius regni , custodiae esset diligentiori a baronibus deputatum ) and the castle of rochester and others were readily delivered up by the barons to the king , qui ubique liberum invenit introitum , & exitum juxt● vota ; & tun● primo rex sensit se falsis deceptionibus circumventum , & baronum suorum fidelitate , ubique lic●t ignoranter suffultum ; and then the king first found he was circumvented with false reports of the barons disloyalty , who so willingly restored his castles to him , when those stormes were blowne over ; though he made but ill use of it , & took occasion thence openly to recede from his oath ; whereupon they reseised these castles for their safety . about midsommer the barons drawing neare to london , sent a letter to the mayor and aldermen requiring to know of them , whether they would observe and maintaine the statutes made at oxford ; or not ? or aide and assist su●h persons as intended the breach of the same ? and sent unto them a copy of the said acts ; with a proviso , that if there were any of them , that should seeme to be hurtfull to the realme or commonweale of the same , that they then by discreet persons of the land should be altered and amended : which copy the mayor bare unto the king then at the tower of london with the queene and other great persons . then the king intending to know the minde of the city , asked the mayor , what he thought of those acts ? who abashed with that question , besought the king , that he might commune with his brethr●n the aldermen , and then he w●uld declare unto him both his and their opinions . but the king said , he would heare his advice without more counsell . then the mayor boldly said , that before times , he with his brethren and commonalty of the city , by his commandement were sworne to maintaine all acts made to the honour of god , to the faith of the king , and profit of the realme ; which oath by his license and most gracious favour they intended to observe and keepe . and moreover , to avoid all occasions that might grow of grudge and variance betweene his grace and the barons in the city , they would avoyd all aliens and strangers out of it . ( as they soone after did ) if his grace were so contented . with ▪ which answer the king seemed to bee pleased , so that the mayor with his favour departed , and he and the citizens sent answer to the barons , that they condescended to those acts , binding themselves thereunto under the publike seale of london , their liberties alwayes upholded and saved . then the barons entred the city , and shortly after the king with his queene and other of his counsaile , returned to westminster . * anno . ( the . of henry the third ) the king made his peace with the barons then in armes , upon these termes : that all the castles of the king , throughout england , should be delivered to the keeping of the barons : the provisions of oxford be inviolably observed ; and all strangers by ● certaine time avoyded the kingdome , except such as by a generall consent , should be held faithfull and profitable for the same : whereupon the barons tooke possession of most of the castles by agreement , or violence where they found resistance , as they did in many places . and by the consent of the king and barons , sir hugh le spenser was made chiefe justice and keeper of the tower. this done at london ; the barons departed to windsor to see the guiding of that castle , where they put out those aliens , whom sir edward the kings sonne had before put in , and put other officers in their places ; spoyling them of such goods as they had . who complaining thereof to the king , he put them off for that season . after which they re-seised dover castle , and made richard de gray , a valiant and faithfull man , constable of it ; who searching all passengers that came thither , very strictly , found great store of treasure , which was to be secretly conveyed to the poictovines , which he seised , and it was imployed by the barons appointment , upon the profitable uses of the realme . the yeare following , the commons of london chose thomas fitz-thomas for their mayor , and without consent of the aldermen , sware him at the guild-hall , without presenting him the next day to the king or barons of the exchequer . for which the king was grievously discontented ; and being advertised that the citizens tooke part with the barons , caused his sonne edward to take the castle of winsor by a traine ; to which the king and lords of his party repaired . and the other lords and knights with great forces drew towards london ; but by mediation of friends , there was a peace concluded , and the differences were referred to the french king ( and his parliament as * andrew favine records out of rishanger ) to end . who giving expresse sentence that all the acts of oxenford , should from thenceforth be utterly forborne and annulled : the barons discontented with this partiall sentence , departed into the marches of wales ; where raising forces , they seised on many townes and castles of the kings , and prince edward going against them , was sore distressed and almost taken . hereupon to end these differences , a new parliament was appointed at oxford ; which tooke no effect , because when the king had yeelded the statutes of oxford should stand , the queene was as utterly against it ; whose opposition in this point being knowne to the londoners , the baser sort of people were so enraged , that she being to shoot the bridge from the tower , towards winsor , they with darts , stones , and villanous words , forced her to returne . after which , the lords sending a letter to the king , to beseech him not to beleeve the ill reports of some evill counsellors about him , touching their loyalty and honest intentions ; were answered with two letters of defiance . upon which ensued the bloody battle of lewis in sussex , in which the king and his sonne , with . barons and baronets , were taken prisoners , & twenty thousand of the commons slaine . richard king of romans , the kings brother was likewise taken prisoner in this battle , h who a little before comming over into england with some forces to ayde his brother , the barons hearing thereof caused all the ships and gallies of the cinqueports and other places to meet together armed to resist him by sea , and sent horse and foot to withstand him by land if he arrived : which richard having intelligence of , disbanded his forces ; and sent word to the barons , that he would take an oath to observe the articles and statutes made at oxenford : whereupon he was permitted to land at dover with a small traine , whither king henry went to mee● him . but the barons would not suffer this king , nor any of his traine to enter into dover castle , because he had not taken his oath to observe the foresaid statutes ; nor yet the king of england to goe into it ( for feare of surprisall ) because it was the principall bulwarke of england ; ( the barons then having both it and all the cinqueports in their custody to secure the kingdome from danger ) neither would they permit king richard to goe on towards london , till he had taken the oath * forementioned . after this battle all the prisoners were sent to severall prisons , except the two kings and prince edward , whom the barons brought with them to london ; where a new grant was made by the king , that the said statutes sho●ld stand in strength : and if any were thought unreasonable , they to be amended by foure noblemen of the realme : and if they could not agree , then the earle of angiou , and duke of burgoin to be iudges of the matter : and this to be firmely holden and obeyed by both the kings ; who granted that both their sonnes and heires should remaine as prisoners , and hostages with the barons , till all things were finished according to this agreement . upon which a peace was proclaimed in london betweene the king and his barons . then it was agreed by the king , that for his more surety and the weale of the land , the earle of leycester should be resient in his court ; upon which agreement , many of the prisoners were set at large . in the meane while , before the battaile of lewis , the queene and king of romans , had sent over-sea for souldiers , to ayde the king against the barons , which now were come in great number unto dover , and there hovered on the sea to have landed . whereof the barons hearing , they sent the king of romans as prisoner to ba●khamsted , untill the said almaines were returned , and caused king henry with a great power to ride to dover , and force the said host of strangers to returne unto their countries . after which by the counsell of the lords , a parliament was agreed and held at westminster , wherein a generall pardon was granted to all lords and their adherents , for any matter of displeasure done to the king or his sonne prince edward before that day ; which to uphold , the king and he tooke a solemne oath before the lords ; and it was further agreed , that the prince should reside in the kings court , and not depart thence without license of the king and of certaine barons . then were many instruments and bonds made by the king and prince , for the performance of sundry covenants betweene the king and barons ; which shortly after tooke small effect , and begat new warres ; this kings fresh breaches of oathes , and promises , procuring him alwayes new insurrections and forced parliaments , which the barons constrained him to call and hold , against his will. how the lords and parliament oft seised upon the castles , forts , ammunition in king edward the second , and richard the seconds reignes , when differences grew betweene them , i have already in part remembred , and you may read the residue in the histories of their lives . in i the . yeare of king henry the sixth his reigne , the valiant earle of warwicke , was made captaine of calice by the parliament ; a place of great honour and trust in those dayes ; by vertue whereof , all the warlike affaires and businesse , rested principally in the earle of warwicke : after which the queene ( an ambitious stirring woman ) to breake the peace newly made and ratified by oath , betweene the king , lords , and duke of yorke , ( created lord protector by the parliament ) caused a fray to be made on the earle men , which produced a warre and bloody battle , wherein the earle gained the field . whereupon the king displeased with the earle , by his letters patents , gra●ted the captainship of caleyes to iohn duke of summerset ; who going over to caleyes , in the . yeare of king henry , to take possession of his place ; shewed his patent to the earle , who refused to resigne his place , answering , that he was put into it by the parliament , and so could not be outed of it but by parliament ; and kept the duke forth of the towne ; who being thus expelled from his office , after some skirmishes with the earles garrison , ( wherein the duke had the worst ) hee sent over to the king and queene for ayde , in defence of this quarrell ; whereupon they provided . warlike persons to passe the seas for his ayde , and ships to transport them : who lying at sandwich for a winde ; the earle of warwicke being therewith acquainted , sent iohn dingham a valiant esquire , with a small number of men , but a multitude of couragious hearts to sandwich ; who suddainly entred the same , tooke the lord rivers and his sonne ( who commanded those souldiers ) in their beds , pillaged some houses and ships , and besides this , tooke the principall ships of the kings navy then lying at the port well furnished with ordnance and artillery ( through the favour of the mariners , who favoured the earle most ) and brought the royall ships loaden with booty and prisoners to caleyes ; with these ships the earle after passed to the duke of yorke into ireland , and afterwards into england , where the duke of yorke in full parliament laid claime to the crowne , which his sonne after obtained , deposing king henry , as having no lawfull title thereunto . i recite not this story to justifie all particulars of it , but onely to prove , that the parliament in those times , had the conferring of captaines places of greatest trust , who had the command of the militia ; and that , as this earle in policy onely , for his owne safety , seised on the kings royall ships , and ammunition , in which he had no right ; so by the same reason , the parliament may dispose of such places of military trust in these times of danger , and of the navy and ammunition of the kingdome , in which they have a reall interest , for the kingdomes safety and their owne . k a sheriffe , iustice , constable , and other officers , by the common and statute law of the land , may and ought to disarme and seise any mans weapons whatsoever , and imprison his person for a time , when by act , or apparent intention onely , he shall but disturbe the peace , or make any fray , rout , or riot , to the annoyance of the people , till the tumult and danger be past , and the peace secured . much more then may the highest soveraigne court of parliament , seise the forts , armes , navy , ammunition of the realme , ( in which they have reall interest ) and secure them for a season , to preserve the whole kingdomes peace , and prevent a civill warre , without any injury to his majesty , till all feares of warre and danger be removed not to trouble you long with forraine histories of this nature ; in the roman state the l chiefe power of making warre or peace , of ordering of the militia and disposing of the custody of castles , forts , ammunition was in the senate and people , not the king or emperour ; as it is in germany , and most forraine states and kingdomes , at this day ; without any diminution to those kings and princes just prerogatives . it is the determination of the prime politician m aristotle ( seconded by n iohn mariana and others ) that in lawfull kingdoms the chiefe strength & power of the militia ought to reside in the kingdomes hands ; not kings , who ought to have onely such a moderate power and guard of men , as may suffice to suppresse riots , and maintaine the authority of the lawes ; but not so great a force as may master all his kingdome , * lest he become a tyrant , and his subjects slaves . in the kingdome of arragon in spaine ( as i read in * hieronymus blanca ) there is a notable fundamentall antient law , ( made about the yeare of christ . by their suprarbiense forum , now commonly stiled , iustitia arrogoniae during the interregnum , to preserve their countries liberties , to keepe their kings power within due bounds of royalty , and prevent a tyranny , with divers other lawes of this nature , which their kings solemnly sweare to observe , before they are crowned ) the words of which law are these , the king shall take heed that he neither undertake warre , nor conclude peace , nor make truce , nor handle any thing of great moment , but by the advise and consent of the elders : to wit , the iustitia arragoniae , the standing parliament of that kingdome , which hath power over and above the king. and of later dayes ( as the same * author writes ) their rici-homines , ( or selected peeres appointed by that kingdome , not the king ) have all the charges and offices both of warre and peace lying on their neckes , and the command of the militia of the kingdome ; which they have power by their lawes to raise , even against their king himselfe , in case he invade their lawes or liberties ; as he there manifests at large . so in * hungary , the great palatine of hungary , the greatest officer of that kingdome , and the kings lieutenant generall , who commands the militia of that realme , is chosen by the parliament and estates of that country , not the king. it was provided by the lawes of the * aetolians , that nothing should be entreated of concerning peace or warre , but in their panaetolio , or great generall councell of state : in which all ambassadors were heard and answered ; as they were likewise in the roman senate . and * charles the fifth of france , having a purpose to drive all the englishmen out of france and aquitain , assembled a generall assembly of the estates in a parliament at paris , by their advise and wisedome to amend what by himselfe had not beene wisely done or considered of , and so undertooke that warre with the counsell and good liking of the nobilitie and people whose helpe he was to use therein : which warre being in and by that councell decreed , prospered in his hand ; and tooke good successe as bodin notes ; because nothing giveth greater credit and authority to any publike undertakings of a prince and people in any state or commonweale , then to have them passe and ratified by publike advise and consent . yea the great * constable of france , who hath the government of the kings sword , the army , and militia of france , was anciently * chosen by the great councell of the three estates & parliament of that kingdome ; as is manifest by their election of arthur duke of britaine to that office , anno . before which , anno . they elected the * earle of leycester a valiant souldier and experienced wise man , to be the grand seneschall of france , ad consulendum regno desolato , & multum desperato , quia strenuus fuit & fidelis ; which office he refused , lest he should seeme a traytour to henry the third of england , under whom he had beene governour of gascoigne , which place he gave over for want of pay . in briefe , the late examples of the o protestant princes in germany , france , bohemia , the low countries , and of our brethren in scotland within foure yeares last , who seised all the kings forts , ports , armes , ammunition , revenues in scotland , and some townes in england to preserve their lawes , liberties , religion , estates , and country from destruction , by common consent , ( without any ordinance of both houses in their parliament ) will both excuse , and justifie all the acts of this nature , done by expresse ordinances of this parliament ; which being the soveraigne highest power in the realme , intrusted with the kingdomes safety ; may put the ports , forts , navy , ammunition ( which the king himselfe cannot manage in person , but by substitutes ) into such under officers hands , as shall both preserve and rightly imploy them for the king and kingdomes safety , and elect the commanders of the militia according to the expresse letter of king edward the confessors laws ( which our kings at their coronations were still sworne to maintaine ) wherewith i shall in a manner conclude , the legall part of the subjects right to elect the commanders of the militia , both by sea and land. * erant & aliae potestates & dignitates per provincias & patrias universas & per singulos comitatus totius regni constitutea , qui heretochii apud anglos vocabantur ; scilicet , barones , nobiles , & insignes , sapientes & fideles , & animosi ; latine vero dicebantur ductores exercitus ; apud gallos , capitales constabularii , vel mar●scha●li exercitus . illi vero ordinabant acies densissimas in praeliis , & a●as constituebant , prout decuit , & prout iis melius visum fuit , ad honorem coronae , et ad utilitatem regni . isti vero viri eligebantur per commune concilium pro communi utilitate regni , per provincias et patrias universas , et per singulos comitatus ( so as the king had the choyce of them in no province or countrey , but the parliament and people onely ) in pleno folcmote . sicut et vicecomites provinciarum et comitatuum elegi debent . ita quod in quolibet comitatu sit unus heretoch per electio nem electus ad conducendum exercitum comitatus sui , juxta praeceptum domini regis , ad honorem coronae , & utilitatem regni praedicti , semper cum opus adfuerit in regno . item qui fugiet a domino vel socio suo pro timiditate belli vel mortis in conductione heretochii sui in expeditione navali , vel terrestri ( by which it is evident these popular heretochs commanded the militia of the realme both by sea and land , and might execute martiall law in times of war ) perdat omne quod suum est , & suam ipsius vitam , & manus mittat dominus ad terram quam ei antea dederat . et qui in bello ante dominum suum ceciderit , sit hoc in terra , sit alibi , sint ei relevationes condonatae ; & habeant haeredes ejus pecuniam & terramejus sine aliqua diminutione , & recte dividant inter se. an unanswerable evidence for the kingdomes and parliaments interest in the militia , enough to satisfie all men . to which i shall only adde that observation of the learned antiquary sir henry spelman in his * glossarium ; title dux , and heretochius ; ( where he cites this law of king edward ) that the heretoch was magister militiae , constabularius , mariscallus , dvctor exercitvs , sive navalis , sive terrestris ; called in saxon * heretoga : ab here , exercitus , & togen , ducere . eligebantur in pleno folcmote , hoc est , non in illo sub initio ea●endarum maii , at in alio sub capite calendarum octobris . aderant tune ipsi heretochii , & quae voluere , imperabant exequenda ; consvlto tamen procerum coetu , et judicio totius folcmoti approbante . then he subjoynes popularis ista heretochiorum seu ducum electio , nostris saxonibus cum germanis aliis communis fuit : vt in boiorum ll . videas , tit. . cap. . s. . siquis contra ducem suum , quent rex ordinavit , in provincia illa aut populus sibi elegerit ducem , de morte ducis consiliatus fuerit , in ducis sit potestate , &c. hue videtur pertinere quod apud greg. turon . legas l. . sect. . wintro dux à pagensibus suis depulsus ducatu caruit , &c. sed posteà pacato populo ducatum recepit : eigebantur enim interdum provinciarum duces ab ipso populo . in the * roman state , the senate , and some times the people alone , without their advise , had power to appoint lieutenants and governours of provinces ; whence the * senate commanded those governours of provinces whom the emperour maximinus had made to be displaced , and others to be substituted in their roomes , which was accordingly executed : yea * the senate had power to dispose of the common treasure , and publike reventue , one of the greatest points of soveraingty . and so we read in scripture , iudges . . to . that when the children of ammon made warre against israel , the elders of gilead went to fetch iephthah out of the land of tob. and they said unto iephthah , come and be our captaine , that we may fight with the children of ammon , &c. then iephthah went with the elders of gilead , and the people made him head and captaine over them : the princes and people , even under kings themselves . having the chiefe disposing power of the militia and denouncing war , as is evident by iosh. . . to . iudges . and . throughout sam. . . to . c. . . to . sam. . , , . c. . . to . prov. . . c. . . compared together . and for a close of all , lest any should object , that no late direct precedent can bee produced to prove the office of the lord admirall , and custody of the seas disposed by parliament , i shall conclude with one punctuall precedent of many . in . h. . prima pars pat. ma. . the king grants to iohn duke of exeter , the office of admirall of england , ireland and aquitain , with this subscription , per breve de privato sigillo , avctoritate parliamenti , the former patent of this office made joyntly to him and his sonne by the king alone , in the . yeare of his reigne , being surrendred in the parliament of . and a new one granted them by its direction and authority . yea most of the admiralls patents ( which anciently were not universall for all england , but severall for such and such parts onely , and commonly but annuall or triennuall at most ) as sir henry spelman observes in his glossary , in the word admirallus , where you have an exact kalender of all the admiralls names , with the dates of their severall patents and commissions , are de avisamento et assensu consilii ; which is almost as usually taken for the kings * great counsell , the parliament , as for his privy counsell . and if our kings have constantly disposed of this office by the advise or assent of their privy counsell , there is more reason and equitie they should doe it by the advise of their great counsell , of which his privy counsell are but a part , and by whom they have frequently beene elected , as i shall plentifully manifest in the next objection . now , whereas some pretend , that the parliaments seising and detaining of the kings castles , ports , ships , armes and ammunition is high treason , within the statute of ed. . c. . and a levying of warre against the king. i answer , first ; that the parliament was never within the meaning , nor letter of that , or any other act concerning treasons , as i have formerly proved ; the rather because the king is a member of it , and so should commit treason against himselfe , which were absurd . secondly , because both houses are of greater authority then the king , ( a member of them as they make one court ) & so cannot commit treason against the lesse . thirdly , the parliament is a meere p corporation and court of justice , and so not capable of the guilt of treason : a judge , maior , or particular persons of a corporation may be culpable of high treason , as private men , but not a court of justice , or corporation . * fourthly , by the very statutes of e. . and of r. . c. . r. . c. . h. . c. . . r. . c. . the parliament is the sole judge of all new treasons , not within the very letter of that act ; and if any other case supposed treason , not there specified , happens before any iustices , the iustice shall tarry without any going to judgement of the treason , till the cause bee shewen and declared before the king and his parliament , whether it ought to be judged treason . and if the parliament be the sole judge of all treasons , it cannot be guilty of treason , for then it should be both judge and delinquent ; and if so , no doubt it would ever acquit it selfe of such a crime as high treason , and never give judgement against it selfe . and no judge or person else can arraigne or judge it , or the members of it , because it is the highest soveraigne court , over which no other person or court whatsoever hath any the least jurisdiction : so that if it were capable of the guilt of treason , yet it could not be arraigned or judged for it , having no superiour or adequate tribunall to arraigne it . fiftly , admit it might be guilty of high treason in other cases , yet it cannot be so in this . for having a joynt interest with the king in the premises in the kingdomes right , ( the sole propriator of them ) it cannot doubtles be guilty of treachery , much lesse of high treason for taking the custody and possession onely of that which is their owne ; especially when they both seise and detaine it for its owne proper use , the kingdomes security and defence ; without any malicious or traytorous intention against king or kingdome . secondly , i answer , that the seising or detaining of these from the king are no treason , or levying of warre within this law , as is most evident by the statutes of . ed. . c. . which expresly distinguisheth , the seising and detaining of the kings forts , ammunition , ships , from the levying warre against the king in his realme , and by an expresse new clause , enacts this seising and detayning to be high treason from that time , because it was no treason within . ed. . before , which if it had beene in truth , this new clause had beene superfluous ; which law of king edward being repealed by primo mariae , rastal treason , . this offence then ceased to be treason : whereupon by a speciall act of parliament in eliz. c. . it was made high treason againe , ( which had beene needlesse , if it had beene a levying of warre , or treason within . ed. . before . ) and that with this proviso , this act to endure during the queenes majesties life that now is , only ; and so by this parliaments resolution , it is no treason since her death , within ed. for then this proviso had beene idle and repugnant too . and therefore being now no high treason in any person , cannot without much calumny and injury be reputed treason in both the houses of parliament , uncapable of high treason , as the premises demonstrate . in briefe , he that seised and detained the forts and ships of the kingdome , when it was treason , was not a bare traytor against the kings person or crowne onely , but against the king and his realme too , like those traytors , mentioned in the severall statutes of r. . c. . and r. . c. . . he shall be judged and have execution as a traitor and enemy of the king and to the realme : and in h. . c. . high traitors to the realme , as the gunpouder traytors were to the parliament and realme in them , being the representative body of the realme : the parliament then being the realme representatively and authoritatively too , and so the party against whom this treason is principally to bee committed , cannot bee a traytor to it selfe , by the words or intendment of any expired act which made such a seisure or detainer treason . and therefore those lawyers , who pronounce this parliaments seising and detaining of the ports , forts , navy , armes , or ammunition of the realme to keepe them out of worser hands , for the kings and kingdomes right use and safetie , to be high treason declare themselves greater malignants then artists in their owne profession . but some body ( say malignants and royalists ) must be trusted with the militia , ports , navy , armes , ammunition ; and who so fit to be confided in as the king himself , and those whom he shall appoint ? especially since hee and his owne substitutes , have formerly beene intrusted with them by the kingdome ; and wee have now so many deepe * protestations , yea publike printed asseverations and promises from his majestie , to maintaine the protestant religion , our lawes , liberties , properties , parliaments , with their just priviledges ; and shall we not beleeve and trust his majesty after so many royall assurances , seconded with many acts of grace for the publike safetie already passed by him in this parliament ? especially the acts against shipmoney , and all other unlawfull taxes ; with the bils for the continuance of this , and calling of a trienniall parliament , when this shall be determined ? shall we yet be diffident of his majesties sinceritie after so many protestations , promises , imprecations ; so many pledges of his gracious affection to his people , and some publike acknowledgements of his former misgovernment and invasions on his subjects liberties ? if all these warrants will not content the parliament , and perswade them to resigne up all the premises they have seised into his majesties hand , to purchase the kingdomes much desired necessary peace , and put a period to our destructive warre ( in which there is nought but certaine ruine ) what other security can his majesty give or they expect ? to answer this plausible allegation , i shall without prejudice to other mens judgements , crave liberty to discharge my owne and others thoughts in this particular , in which if i chance to erre ( out of overmuch zeale to my countries safety ) i shall upon the first discovery professe a recantation ; though for the present , * maluerim veris offendere , quam placere adulando . i shall reduce the summe of the answer to these two heads ; first , that as the state of things now stands , it will be ( as many wise men conceive ) not onely inconvenient , but dangerous , to resigne up the militia , forts , ports , navy , ammunition of the kingdome into his majesties sole disposing power , and those hands which himselfe alone shall appoint and confide in , till things bee throughly reformed and setled both here and in ireland , and the popish prevailing party in both kingdomes ( now strongly up in armes ) totally suppressed and secured . secondly , that till this be effected , it is more reasonable and safe , both for king and kingdome , that these should remaine in the parliaments hands , then in the kings alone . for the first , there are these three general reasons , commonly alledged by many understanding men , equally affected to either party , and by most who are cordially inclined to the parliament , why they deeme it not onely inconvenient , but perillous , to intrust the premises wholly with the king , and those of his appointment , as our condition now stands . first , a more then probable long-since resolved designe in his majesties evill counsellors , to make him an absolute soveraigne monarch , and his subjects as meere vassals , as those of france ; which designe hath beene carryed on with an high hand from the beginning of his reigne till this present , as the parliament in * sundry declarations prove , yea divers * lords and members of both houses , though now with his majesty , in their parliamentary speeches , have openly professed ; which they thus demonstrate . first , by his majesties severall attempts against the priviledges , power , and very being of parliaments ; manifested by the proceedings against sir iohn eliot , mr. hollice , mr. strode , mr. long , and others , after the parliament in . caroli ; and the lord say , mr. crew , with others after the last parliament before this : by his majesties sad ominous breaking off in discontent , all parliaments in his reigne ( unparalleld in any age or kingdome ) till this present ; which though perpetuated by a speciall act , as long as both houses please , hath yet long since been attempted to be dissolved like the former , by his majesties accusation , and personall comming into the commons house with an extraordinary guard of armed men attending him , to demand five principall members of it , to be delivered up to his hands as traytors , in an unpatterned manner . by his wilfull departure from , and refusall to returne unto the parliament , though oft petitioned and sollicited to returne ; which is so much the more observed and complained of , because his majesty ( if not his royall consort and the prince too ) was constantly present in person every day this parliament ( for sundry weekes together ) at the arraignment of the earle of strafford for high treason , in a private manner , when by law he ought not to be personally present in a publicke ; to countenance and encourage a capitall oppressor , and trayterous delinquent against all his three kingdomes , contrary to both houses approbation ; and yet now peremptorily denyeth to be present with or neare his parliament , to countenance and assist it for the preservation of his kingdomes against such traytors , rebels , conspirators , who have contrived and attempted their utter desolation , in pursuance of his foreplotted designes ; by his commanding divers lords and commons to desert the houses , and attend his person without the houses consent , detaining them still * when the houses have sent for them : and protecting those who refused to returne , against the common justice of the parliament : by casting divers grosse aspersions on it , and naming it , a faction of malignant , ambitious spirits , no parliament at all , &c. by raising an army of delinquents , malignants , papists , forainers , to conquer and suppresse the parliament , and deprive it of its liberties ; by proclaiming divers active members of it , ( specially imployed by both houses , for the defence of their severall counties ) traytors , onely for executing the houses commands , without any indictment , evidence , conviction , against all law , justice , and the priviledges of parliament : by commanding , detaining the lord keeper of the great seale , ( the speaker of the lords house ) and some judges from the house and city : by plundering divers parliament mens houses , imprisoning their persons without bayle , maineprise , or redemption , and laying intolerable taxations on their estates : by declaring both houses traytors , if not in positive , yet at least in equivalent words , and by necessary consequence : by divers unparalleld violations of the parliaments priviledges by extrajudiciall declarations out of parliament , penned by malignants in his majesties name , and avowed by him , published of purpose to oppose , annull , reverse the solemne legall resolutions , declarations , and votes of both houses in sundry cases , and by name that against the commission of array : and finally by the manifold invectives in severall his majesties declarations , and proclamations against the parliaments votes , proceedings , members ; seconded with expresse commands , and invitations to the people , to * contemne its authority , and disobey all its orders made without his personall consent ; which is indeed nought else , but to nullifie parliaments , to make them altogether contemptible , ridiculous , and trample them under feete ; and hath wrought a strong malignity , disobedience , if not disaffection , in many people to parliaments , to the end they may never desire or enjoy them hereafter , notwithstanding the act for trienniall parliaments , when this is once dissolved . all these unparalleld , apparent high attempts against the very honour , essence , of this , and all other future parliaments , ( transcending both for quantity and quality all the violations of parliaments priviledges , in all his majesties predecessors reignes , since england was a kingdome , summed up in one ; ) together with the late oxford propositions for an accommodation ; wherein the houses finall resolutions , declaring what is law , are called illegall , and required to be reversed ; the power of imprisoning and fining men denyed , and prostituted to the censures , writs , and examinations of inferiour courts , by way of habeas corpus ; the * just expulsions of their owne members denyed them ; all high violations and denials of the knowne priviledges of parliament , contrary to his majesties many former , and late printed protestations , and those acts newly passed concerning parliaments , ( which will never recover their pristine dignity , honour , power , priviledges , if this should miscarry ; ) induce the most intelligent to opine , that his majesty , long since weary of the yoke of all parliaments , ( the only remora to his absolute intended monarchy ) and repenting of the act for continuing this , since he hath gained his ends for which it was summoned , ( more out of absolute necessity then love to parliaments ) to wit , peace with the scots , for the present , by an accommodation , wrought by this parliament , & purchased with his subjects mony , when as he saw no hopes of repelling them hence by force ; & the paying of his then raised army against them by the parliaments free supply : is now resolved ( in prosecution of his pristine counsels ) by force or policy to dissolve this parliament in discontent , as he hath done all former , and that with such advantages of a generall ill opinion of parliaments in the ignorant mis-informed vulgar on the one hand , and of a prevailing conquering power on his part on the other hand , as shall either utterly extinguish the hopes and bill of summoning any future trienniall parliamentary assemblies , or at least so emasculate the vigour , and eclipse the power of them , if called ; that they shall neither have courage , nor might , nor meanes to resist his foresaid grand designe , if he can now either by force or policy resume the militia , forts , navy , ammunition into his absolute dispose ; the onely present obstacle ( now his forces are so great ) to gaine a compleate long-expected conquest over his peoples liberties , lawes , estates , and all parliaments priviledges , if not beings too . and if our parliaments ( the onely bulwarkes to protect our lawes , liberties , estates , lives , religion , peace , kingdome , against the devastations of oppressing , lawlesse princes , and officers ) be once conquered , or weakned in the least degree , we can expect no other issue , but that tyranny , slavery , popery , shall be ere long entailed upon us and our heires soules and bodies forever . secondly , by his majesties frequent imposing of many unlawfull taxes and impositions on his subjects , contrary to his coronation oath , the ancient lawes of the realme , yea his owne late statutes , declarations , vowes , promises ; which designe hath beene carryed on with a strong hand all his reigne till now ; and at this present , with a farre higher hand then ever : which they exemplifie by the loanes with other taxes , impositions , grievances , complained of in the petition of right , in the third yeare of his reigne ; which act when first passed , with this his majesties solemne oration and protestation printed with it ; i doe here declare , that these things which have beene done , whereby men had some cause to suspect the liberty of the subject to be trenched upon , shall not hereafter be drawne into example for your prejudice : and in time to come ( in the word of a king ) you shall not have the like cause to complaine : ( backed with his royall declaration to all his subjects at the breach of that parliament to like purpose ) made most men thinke , they should never be grieved with illegall taxes more ; though the very annexing and printing of his majesties two answers , & this speech when he passed the petition , at the end thereof ( with the scope and matter of this speech and other then concurring circumstances ) made the wisest men suspect , it was onely a baite to catch the * temporalties and clergies ( five a peece ) extraordinary great subsidies , then aymed at , ( a greater ayd then was ever before granted at once to any of his majesties predecessors ) and a policy then seemingly to content , but subsequently to delude the over-credulous impoliticke vulgar ; the verity whereof was at that instant much confirmed , by his majesties clayming ( even in his very speech when he passed the petition of right ) tunnage and poundage as a meere right , and his taking it as a just duty without grant by parliament , from his comming to the crowne till then and since ; by his extraordinary strange commission granted under the great seale to divers lords and others for the laying of an intolerable illegall excise , on all the subjects throughout england and ireland , seconded with the commission to dalbere and others , for the raysing and importing of german horse , and the billeting of irish foot in sundry places of england to joyne with those horse , to set on this excise , even at that very instant , when this petition of right was debated and passed ; the breaking up of that parliament as soone as these subsidies were granted , and the unpatterned inundation of all kinde of unjust taxes as soone as ever that parliament was dissolved ; as fines for knighthood , new-buildings , inclosures , exacted fees , ( not to redresse , but authorize them by compositions to get money ) shipmony , monopolies of tobacco , sope , brickes , pins , and a world of other particulars upon which annuall rents were reserved : forrest-bounds , and offences prosecuted with all rigour ; impositions upon coale , beare , salt , wines , tobacco , and all kinde of merchandise ; lieutenants rates , and wages , coat and conduct money , excessive high fines in starchamber , high commission and other courts , with sundry other particulars complained off with open mouth in this and the preceding parliament by most of the members of both houses , and divers now present with his majesty ; who notwithstanding the many publike complaints against these oppressions , the acts this very session passed against them , and sundry duplicated deepe asseverations to maintaine the subjects property , liberty , and governe onely according to law ; hath , and still daily doth in a farre higher degree then ever ( through the ill advise of malignant counsellors ) proceed to afflict and ruine his people in this very particular of property and taxes , by weekely or monethly assessements and contributions imposed on sundry townes and counties where his forces now lie , exceeding many mens racked incomes ; his seising of their ammunition , armes , horses , carts , goods , provisions , houses , lands , ( yea husbandmens teemes and horses of their ploughes , * priviledged from distresses by law , & by most nations though enemies , in times of warre from spoyle or plunder , ) so as they cannot till their ground , which must needs breed a famine : and stripping many thousands of his people in brainford , marleborough , cicester , bromingham , & other places ( utterly sacked and ruined by his cavaliers ) of all their lively hoods , and estates , to their very naked skins ; and carrying away those poore subjects in triumph like enemies and traytors , who dare offer to defend their goods , houses , estates , or make any the least resistance , ( though the lawes , * common and statute , allow them in such cases , not onely to resist , but kill all those who shall assault their houses , or persons to spoyle them of their goods ) or protect them or their liberties , lives , properties , against his army of theevish murthering cavaliers . and which aggravates all the rest , his majesty hath sent out such a commission of array to bee executed in every county , as pulls up libertie and propertie by the rootes ; which , though both houses by a speciall printed declaration , have * proved to bee illegall , contrary to the fundamentall lawes of the realme , the petition of right , and some expresse acts passed this present session ; yet his majestie hath caused such an answer to be published in his name to the first declaration , as good law , which * frustrates all acts whatsoever made in this or former parliaments for the subjects libertie , propertie ; and layes downe such grounds , which will not onely justifie , but revive all former pressures and grievances whatsoever , as warranted by law. all which considered , together with the frequent endeavours formerly and of late to raise and keepe an army on foote among us to enslave us , and raise what taxes shall bee arbitrarily imposed without a parliament on the realme by force of armes , according to the late use of france , begun by strafford in ireland , and now set on foote in divers countries of england , makes wise moderate men feare , that if the militia , forts and navy be yeelded up unto the king before the subjects propertie , and these violations of it in the highest degree ( so that none at this day can truely say that any thing hee enjoyes , no not his lands or life are his owne ) bee better setled , all propertie will bee for ever lost , and turkish subjects as free as english , in common probabilitie . thirdly , the constant designe against the libertie of the subjects person ( the better to invade the property of his goods ) prosecuted all his majesties time , and more then ever since the petition of right and this parliament . the which is evidenced , by infinite illegall commitments of men for not paying the lone , knight-mony , ship-mony , with sundry other unlawfull taxes , without baile or mainprise ; of sundry members of both houses during this , and after former parliaments ended , for things done in and triable onely by parliament ; by the exorbitant censures in the star-chamber and high commission , and judging free men against law , to close imprisonments ; and that ( which now grieves the very soules of all english spirits , who have any remainders of common humanity , in them , and would rend an heart of adamant ) not onely by the strict close hard imprisonments of divers persons at yorke and elsewhere , for executing the militia , refusing the array , or contribution taxes , but by the more then barbarous , * yea beastly crueltie of his majesties cavaliers in chayning together in ropes sundry prisoners taken at brainford , marleborough and cicester , ( as the true printed relations of these places sacking testifie ) like a company of turkish gally-slaves , ( though some of them were gentlem●n of worth and quality , others ministers , others aged , sickly , and many who never bore armes in these present warres ) and leading them chained ( almost naked , and barefoot ) through deepe filthy wayes in the cold winter season to oxford in triumph ( to his * majesties great dishonour , and his subjects griefe , ) denying them , not onely meat and drinke , but even water it selfe ( the commonest element ) to quench their thirst , and keeping off , yea beating any such at cicester , and oxford , who offered to bring them any sustenance , though but a drop of water to coole their tongues : ( o more then turkish barbarousnesse , that one man , one christian , one english subject even in , or neare the presence of his soveraigne , should thus ill intreate another , without any punishment or checke , much more with approbation ! ) after which they have beene * shut up in prisons and dungeons lying on the cold ground , stones or boards without beds , straw , fire or any the least refreshment ; allowed onely a poore pittance of adams ale , and scarce a penny bread a day to support their lives , though their friends would provide it for them ; in which sad condition many of them are still detained close prisoners without bayle , mainprise , exchange , redemption , divers of them being dead of famine and ill unaccustomed usage : others have beene murthered without mercy , and their * carcasses left unburied for the fowles to prey on ; others maimed and left weltring in their blood without any reliefe ; others forced to live exiles from their habitations ; and all for this new point of high treason ; that they stood upon their guard , to defend the propertie of their persons , goods , houses , possessions , from the robbery and plunder of theeving cavaliers ( * borne onely for the publike mischiefe of the reame ) who now live by the countries spoyle and robbery , and must not be resisted . if this proceeding be the so oft protested preservation , the vowed defence of the subjects liberties , properties , lives , the preserving of them in perfect and intire peace and safetie according to his majesties coronation oath , the governing of them according to the law , even whiles the parliament sits , and hath such forces in the field , the possession of the ports , navy , and other premises in their hands ( which if the king should die without heire devolve wholly into the kingdomes hands and possession , not to his executors , as to the true proprietors of them , a strong unanswerable argument , they are not now the kings but kingdomes in point of right and interest ; ) wee cannot ( say many men ) but suspect the like and worse usages when these are all surrendred into his majesties power , and that he with his ill counsellors ( who had lately such a bloody treacherous designe against bristoll during the treaty of peace , and now plainly professe , * that they never intended the premises should be put into such persons hands as the parliament and kingdome might confide in , but themselves alone ; ) will then as much over-awe the present and all future parliaments , as they doe now the country people where they quarter ; and handle many active worthy members of both houses ( particularly proclaimed rebels by the king without conviction , who hath not so violently proceeded against any of the irish rebels in this kinde , as he hath done against the houses of parliament , and the chiefe well deserving members of it ) as rigorously , if not far worse , as any now imprisoned by them ; notwithstanding that true rule of * seneca : remissius imperanti melius paretur . et non minus principi turpia sunt multa supplicia , quam medico multa funera . their second generall reason is , an * ancient ●ore plo●te● con●ederacie between the popish and prelaticall party in the kingdome to change religion , and re-establish pop●ry . which designe hath been vigorously prosecuted long before his majesties ●aigne , but more effectually since his marriage with one of that religion ; who in regard of her neerenesse to , and continuall presence with him heretofore , and activitie to assist him now against his parliament , hath such a merit●rious interest in his affections , if not powerfull influence upon his will and councells , as may induce his majestie ( as well as * king salomon ) to grant , at least a speedy publike long-expected tolleration and free use of the romish religion ( if not a suppression of the protestant faith ) throughout the realme , if all the premises be put into his majesties unlimited power . and that which backes this more then conjecturall feare , is : first , the large visible progresse made in this designe before this parliament , as not onely the houses joynt declarations , but divers malignant members declanatory orations , ( now with the king ) testifie , together with our prelates manifold popish innovations in doctrines , ceremonies , ecclesiasticall proceedings ; the popes nuncioes residence neere , and free accesse to court ; our agents residence at rome ; the cell of capuchins , chapples erected for masse , the infinite swarmes of seminary priests and jusuites every where , with freedome and impunity , the suspention of the lawes against them and popish recusants ; the late persecutions and suppressions of all godly preaching ministers and most zealous protestants , with other particulars clearely demonstrate . secondly , the present generall rebellion and bloody proceedings of the papists in ireland , to extirpate the protestant religion there ; and the many prevayling plots of the irish rebels party here , to delay , seize , or frustrate all ayde and opposition against them from hence : with his majesties late commissions to papists and protestants , and some who have beene in actuall rebellion to treate and conclude a peace with these rebells , contrary to the very act he passed this parliament for irelands releefe . thirdly , his majesties late letter to the councell in ireland to exclude the parliaments agents and members there from all their councells and meetings ; and if reports be credible , his majesties commissions lately issued to most notorious convicted papists in * wales , lancashire , the north and other parts , to arme themselves and raise forces under their comm●nds ( who are now in severall bodies in the field ) and his inte●tai●ing of divers popists and irish rebells in his army to fight against the parliament , contrary to the expresse lawes of the realme ; his owne frequent proclamations and protestations , ●o entertaine ●o papists neare h●m and to defend the protestant religion : which added to the intercepting of the parliaments provisions for the releefe of the protestants in ireland , the entertaining of some of the commanders sent to ireland by the parliament ag●inst the reb●lls , if not sending for some of them out of ireland from that service to warre against the parliament ; with the passes under his majesties hand for the tra●s●orting of some popish commanders ( since joyned wi●h the irish r●bells ) into ireland ; make many jealous heads suspect , the common vaunt , of the irish rebells , * that they have expresse commissions both from the ki●g a●d queene to warrant the●r ●roceedings th●re , and that they fight but for them against the parli●m●nt , pu●●tanes , and parliament-d●gs ( the language of the cavaleeres too , learned from them ) are not onely possible , but probable ; and that th●re is a generall designe on foote ( towards which the papists in forraigne parts ; through the priests and queenes negotiations , have made large contributions ) by the popish armies now raised in both kingdomes , to s●t up popery in its perfection every where , and extirpate the prote●●ant religion in all o●r kingdomes , which nothing but an absolute conquest of these blood-thirsty . papists ca● in probability prevent , they being already growne so insolent , as to say masse openly in all the northerne parts and army , and in reading , in affront of god and our religion : if therefore the premises should now be wholy surrendred to his majestie , it is much to be feared , that the popish party ( now most powerfull ) would in recompence of their meritorious service and assistance in these warres , at leastwise challenge , if not gaine , the chiefe command of the ports , navie , ammunition ; the rather , because the lord herbert ( a most notorious papist ) both before and since this parliament , enjoyed the sole charge and custodie of all the military engines and ammunition royall at foxes hall , designed for the kings chiefest magazine ; and then farewell religion , lawes , liberties ; our soules and bodies must become either slaves or martyr●s . their third generall ground , is the constant practise of most of our kings ( as iohn henry the d. edward , and richard the d , with others ) who after warres and differences with their parliaments , lords , commons , upon accommodations made betweene them , as soone as ever they got possession of their castles , ships , ammunition , seised by their subjects , brake all vowes , oathes , covenants made unto them , oppressing them more then ever ; enlarging their owne prerogatives , and diminishing the subjects liberties , ( yea taking away many of their lives against law , oathes , promises , pardons , ) on purpose to enthrall them ; which still occasioned new commotions , as the premised histories and others plentifully informe us . and that the king ( considering all his fore-mentioned proceedings , and pertinacious adhearing to his former evill councellours and their councells ) should degenerate from his predecessors policies , in case the premises be yeelded wholy to him , before our liberties and religion be better setled , and the just causes of our feares experimentally remov●d , i● hardly credible . but against these . generall reasons , his majesties many late solemne protestations , and those acts which he hath passed this parliament , are objected , as sufficient security against all future feares : to which they answer . first , that if his maj●sties coronation oath , to preserve his peoples liberties and lawes of the land inviolable , have beene no sufficient security to his subjects hitherto , ag●inst all the fore-mentioned grievances and illegall pressures : his verball protestations and promises are like to prove worse assurance : if solemne oathes be most apparently violated , what trust can there be to unswore words ? secondly , our kings in former times ( as i have plentifully proved and infinite examples more declare ) seldome or never kept either oathes or promises made to their subjects ; but have broken oath after oath , agreement upon agreement , with all verball legall ties ; reputing them onely lawfull policies to over-reach their people , and effect their owne designes with greater advantage to themselves , and prejudice to their subjects . and shall we dreame of a new world , onely in this dissembling age ; when king-craft is improved to the utmost ? thirdly , we had his majesties * solemne protestation , in the word of a king , in th● d yeare of his raigne , backed with * two printed declara●●ons then , to all his loving subjects , to maintaine the pet●tion of right , their lawes , liberties , properties , religion in purity and perfection without the l●ast violation , or any connivance a● , or back-●●iding to popery : and what good warrants or securities these since proved to the subjects to pr●se●ve them from severall inundations of oppressions ▪ tax●s , grievances , innov●●●ons and relapses to popery ▪ ( which have flowed in upon them ever since as if these 〈◊〉 b●ene ●o bankes to keepe them out , but sluces onely to let them in the faster ) the premises manifest , and we a●l experimentally feele this day . and are the new promises and protestations ( thinke you ) better then the old ? or those made this parliament more obligatory to the king , or his evill councellors , then those made the two last parliaments , infringed in an high degree ( even to the imprisoning , the searching of peeres , of commons pockets , and studies against the priviledges of parliament ) within few houres after they were published in print ? are not the subjects dayly taxed , imprisoned , plundered , murthered ; the priviledges of parliament dayly infringed , many wayes ? protestants dis-armed , papists armed , forraigne forces introduced , irish rebels privately countenanced , the greatest acts of hostility and cruelty exercised whiles treaties of peace are pretended ? the best iustices removed in all counties , ill affected persons set up in their places ; illegall commissions of array executed , justified , the best protestant ministers , people most robbed , pillaged , murthered , banished every where ; sheriffes illegally made , subjects ( even at oxford where the king resides ) more inhumanely handled under his majesties view , than gally-slaves in turki● ; and scarce one declaration or promise observed so much as the very day they are published ? notwithstanding so many multiplications of them in print ; that people may the better take notice how they are broken , if they be observant ? and shall the parliament then take , these so notoriously oft violated , never yet observed protestations , for our kingdomes onely substantiall security , to put all into his majesties hands forthwith , before they see some reall performances and change of councells ? certainely if they be so much over-seene , they are like to be so farre from mending our present condition , that they shall but make it worse , yea and betray themselves , with all that trust them , both for the present and posteritie . but we have very good lawes assented to by his majestie this parliament ; for our security too . true ! but are they not spiders webbs , and already undermined in action or intention ? doe they secure us in any kinde for the present , and will they doe it for the future ? will time ( thinke you ) make them binding to the king , if they oblige him not , as soon as made ? did the petition of right ● caroli , ( a most inviolable security as most then dreamed ) secure the subjects in the least degree against any publike wrong , so long as for one moneths space ? was it not turned into a kinde of wrong as soon as made , and ever since ? nay , were there not only sundry actions don , but iudgments too in the very greatest courts of iustice , given against it , yea against the very letter and unquestionable meaning of magna charta , and other fundamentall laws , by corrupted , or over awed timorous iudges ? yea , are not most good acts made this session for the subjects benefit , and all the subjects liberties at one stroke quite hewen downe and undermined by a pretence of law it selfe , in his majesties * answer to both the houses declaration , concerning the commission of array ? quid verba a●diam , fact● cùnv●deam ? the meanest latin● scholler knowes , that verba dare , signifies properly to deceive ; and subjects have beene oft deceived , even with acts of parliament . now that all may see how invalid assurances lawes are to secure the subjects liberties , though ratified with never so many confirmations , oathes , s●ales ; i shall give you ● . or . ancient presidents . the first is that of * king iohn , who anno . confirmed magna charta , the charter of the forrest , and other liberties with his hand , s●ale , oath , proclamations , the popes b●ll , solemne excommunications against the infringer● of it , denounced by all the bishops in his presence ; by appointing . ba●ons , who by oath were to see and force him , and all others to observe it , by seising on ●is castles , lands , goods ; and by resigning the custodie of his . chiefe castles to ●he dispose of . lords ; whom all other lords and commons were bound to assist ; yet in lesse than on halfe yeares , space , these strongest obligations are all cancelled , these gordians cut in sunder with the sword of warre , and the su●j●cts reduced to greater vassellage than ever , as the premises evidence . so king henry the d by oath sundry times successively ratified these charters , & the subjects liberties in parliament , which they oft dearely purchased with great subsid●es . and * an. , this king to gain a subsidie of his subjects , in a parliament then assembled at london ; denye● that he ever intended to revoke the great charter , and other liberties , or laboured with the pope to d●e it , with which the barons truely charged him ; and that if any such thing had beene casually suggested to him , he did utterly n●ll and revoke it : and because he seemed not altogether free from the sentence of excommunication , which ste●en the arch-bishop , with all the other bishops of england had denounced against all the infringers of the great charter , which he through ill councell had in part infringed ; he commanded them all in publike , to renew the said sentence against all contradictors of the sayd charter , so that if he himselfe , through any conceived rancor , had not peradventure observed it , he might more grievously relapse into the said denounced sentence . by which meanes , and speech , he wonderfully reconciled to him the hearts of all that heard of these things , and suddenly causeth the earles warren , and ferrers , and iohn fitz-ieffry , by the parliaments appointment , to be sworne his councellors ; giving them this oath ; that by no meanes , neither for rewards , nor any other cause , they should swarve from ●he way of truth , but should give good and wholesome councell both to the king and kingdome . whereupon they freely gave the king the th part of all their movable goods , except their gold , silver , horses and armes , to be spent on the good of the republicke , with this condition often annexed ; that the king should le●ve the councell of aliens , and onely use the advise of his naturall subjects : which subsidie was ord●red , to be collected by knights , and one clerke in every county , and there layd up in some religious house or castle , that if the king should receede from his promise and condition , every one might faithfully receive backe his owne againe . but no sooner was the parliament ended , but the king breakes all his promises ; shewes more favour to , and is more ruled by strangers then ever before ; levies the subsidie in a stricter and farre other manner then was prescribed , and bestowes most of it on strangers to be transported ; marrieth his sister . eleanor to sim ●n monfort , ( a new come french exile , of meane fortunes ) su●ru●eque naturalium hominum consiliis factus est extran●us & suis b● nevolis , regnoque ac r●publicae u●ilibus factus est cervicosus , ita quod per eorum consilium parum aut nihil de nego●iis regni tractaret aut operare●ur . which courses , with other , so incensed the nobility , and generally all the subjects , as put them into a new commotion ; which made him enter into new articles and promises ratified with seales and oathes , yet still infringed as soone as made . after this in the . yeare of his raigne he ratified them in the most solemne and religious manner as religion and state could ever devise to doe . * the king with all the great nobility of england , all the bishops and chiefe prelates in their pontificalibus , with burning tapers in their hands assemble to heare the terrible sentence of excommunication , and at the lighting of those candles , the king having one of them in his hand , gives it to a prelate there by , saying : it becomes 〈◊〉 me being no priest , to hold this candle , but my bea●● shall be a greater testimony ; and withall layd his hand spread upon his breast , the whole time the sentence was read , in this forme . we boniface arch-bishop of canterbury , &c. by the authority of go● almigh●y , and of t●e sonne , and of the holy ghost , and of all apostle , m●rtyrs , confessors , virgins , and all t●e saints of god ( many of them there specially named ) doe 〈…〉 and separate 〈…〉 church of god , all those who from henceforth , wittingly and willingly shall deprive or spoyle the church of her right : likewise all those , who by any art or cunning shall rashly violate , diminish , or alt●r privily or openly or by 〈◊〉 deed , or councell , shall rashly come against al o● any of the ancient liberties o●●pprov●d customes of the realme , and especially the libertie , and free customes which are conteined in the charters of the common liberties of england , and of the forest , granted by o●r lord the king of england , to t●e arch-bishops , bishops , prelates , earles , barons , knights and f●ee tenants of england ; likewise all them who shall make , or observe when made , any statutes , or introduce or keepe when introduced , any customes against them or any of them , together with the writers , councellors , and executioners of such statutes , and those who shall presume to judge accord●ng to them . insempeternall memory whereof , we have thought meete to set our seales . and then throwing downe all their candles , which lay smoking on the ground , every one cryed out ; so let every one who incurres this sentence be extinct in hell . then the b●l●s ringing cut , the king himself solemnely swore and protested with a lowd voyce , with his hand upon his brest : as god me h●lpe , i will faithfully and inviolably keep these things , as i am a man , a christian , a knight , a king crowned & ano inted . which done , robert bishop of lincolne fore-thinking , that the king would violate the foresaid charters , presently caused the like excommunication to be made in all his innumerable parish churches ; which sentence would make mens eares to tingle , and their hearts not a little to tremble . * never were lawes amongst men ( except those holy commandments from the mount ) established with more majestie of ceremony , to make them reverend and respected then were these : they wanted but ●hunder and lightning from heaven , ( which if prayers would have procured , they would likewise have had ) to make the sentence ghastly , and hideous to the infringer●●ereof . the greatest security that could be given , was an oath , and that solemnely taken ; the onely chain on earth , besides love , to tie the conscience of man and humane society together ; which should it not hold us , all the frame and government must needes fall quite asunder . who would have once imagined , that a man , a christian , a knight , a king , after such a publicke oath and excommunication , would ever have violated his faith , especially to his loyall subjects ? yet loe almost a miracle ( though over-common among our kings , ) the very next words in my * historian after this oath and excommunication , are these ; the parliament being thus dissolved , the king presently using ill counsell , studied how to infringe all the premises ; these whisperers of satan telling him ; that he neede not care though he incurred this sentence , for the pop● for one or two hundred pounds will absolve him , who out of the fulnesse of his power can loose and binde whatsoever he pleaseth , &c. which the pope soone after did ; and the king returned to his former oppressive courses , more violently than before . well then might the royall prophet give us this divine caution , * o put not you● trust in princes : * surely men of high degree are a lye ; to be layd in the ballance they are altogether lighter th●n vainty , both in their oathes and promises . hence* isable countesse of arundle , a well spoken lady , receiving a repulse from this kings hands about a ward , whereto she conceived she had right , the king giving her a harsh answere , and turning from her , sayd thus to his face : o my lord king , why turne you away your face from justice , that we can obtaine no right in your court ! you are constituted in the midst betweene god and us , but you neither governe your selfe nor us discreetely , as you ought . you shamefully vex both the church and nobles of the kingdome by all wayes you may , which they have not only felt in present but often heretofore . the king fired 〈◊〉 so free a speech , with a scornefull angry countenance , and lowd voyce answered : what , my lady countesse , have the lords of england , because you have tongue at will , made you a charter , and hired you to be their orator and advocate ? whereunto she replyed : not so my lord , they have not made any charter to me ; but that charter which your father made , and which your selfe have oft confirmed , swearing to keepe the same inviolably and constantly , and often extorting money , upon promise , that the liberties therein conteined should be faithfully observed , you have not kept , but without regard to honour or conscience broken ; therefore are you found to be a manifest violater of your faith and oath . where are the liberties of england , so often fairely ingrossed ? so often granted ? so often bought ? i , though a woman , and with me all the naturall and loyall people of the land , appeale you to the tribunall of that high iudge above , and heaven and earth shall be our witnesse , that you have most unjustly dealt with us , and the lord god of revenge , avenge and right us . the king distrubed at these words asked her ; if she expected not to obtaine her suite upon favour , seeing she was his kinswoman ? whereunto she answered . how shall i hope for grace , when you deny me right ? therefore i appeale before the face of christ against those councellours also of yours , who gaping onely after their own gaine , have bewitched and infatuated you . i wish none had cause at this very season to make the like appeales . as boldly , though in fewer words , is he reproved by the * master of the hospitall of hierusalem , in clarken-well , who comming to complaine of an injury committed against their charter , the king told him ; the prelates , and especially the templets and hospitalers , had so many liberties and charters , that their riches made them proud , and their pride mad ; and that those things which were unadvisedly granted , were with much discretion to be revoked ; alleaging , that the pope had 〈◊〉 recalled his owne grants , with the clause , non obstante and why should not he cashiere those charters inconsiderately granted by him , and his predecessors ? what say your sir ? ( sayd the prior ) god forbid so ill a word should proceed out of your mouth : so long as you observe justice you may be a king , as soone as you violate the same , you shall cease to be a king. to which the king inconsiderately replied . o what meanes this ! ; you englishmen , will you cast me downe from the kingdome as you did my father , and kill me being praecipitated ? i could instance in diverse like violations of mag●a charta and other good lawes immediately after their making and ratification with solemnest oathes and * excommunications , both in king e●ward the . and . and richard the seconds raignes , which because elsewhere lightly touched i shall pretermit ; concluding onely with one president more , in one of our best and justest princes raignes , king * edward the third , in whose reigne even then when by speciall acts , there was not onely a trieniall parliament but an annual to be held ; and sometimes . or . parliamentsheld every yeare , and magna charta usually first confirmed by a new law in every one of them , yet we shall finde not onely frequent complaints of the breaches of it , but * many new lawes one after another , enacted , to prevent and punish the violations of it ; and yet all to little purpose , as those acts declare , and our late , yea present times attest : and which is very observable ; when king edward the d in the first parliament , in the . yeare of his raigne , had ordained and established divers good statutes , which he willed and granted for him & his heires that they should be firmely kept & holden for ever , for the ratification of magna charta , and better observing other good lawes : and enacted , that the chauncellour , treasurer , barons of the exchequor , iudges , and all other great officers of the kingdome should then for the present in parliament , and for ever after take a solemne oath before their admission to their offices , to keepe and maintaine the points of the great charter , and the charter of the forrest , and all other statutes , without breaking any one point ; no sooner was that parliament dissolved , but the very same yeare , he publikely * revoked those statutes : pretending , that they were contrary to the lawes and customes of the realme , and to his prerogatives and rights royall , all which he by his oath was bound to m●inta●ne ; wherefore willing providently to revoke such things , which he so improvidently had done . because ( saith he , marke the dissimulation of princes even in parliaments ) we nev●r realy consented to the making of such statutes , but as then it beloved vs , wee dissembled in the premises : by protestations of r●vocations if indeed they should proceed to secure the dangers , which by the denying of the same we feared to come , for as much as the said parliament otherwise had beene without any exp●dition , in discord dissolved , and so our earnest busi●sse had likely bee●e , which god pr●ohibit i●ruine . and the said pretensed statute , we promised then to be sealed ; but sithence the statute did not of our owne free will proceed , it seemed to the ea●●s , barons , and other wise men , with wh●m wee have treated thereupon , 〈…〉 should be voide , and ought not to have the name nor strength of a statute : and therefo●e by their counsell and ass●n● we have decreed the said statute to be void , and the same in as much as it proceeded of deed , we have brought to be anulled . and the same we doe onely to the conservation and redintegration of the rights of our crowne , as w● be bound , and not that 〈◊〉 should in any wise aggravate or oppresse our subjects whom wee desire to rule by lenity and gentlenesse . and thus his s●ablishing of these lawe● , for him and his heires , firmely to be holden and kept for ever , was turned into an estate at will , determined as soone as granted . by which pretence of dissimulation , of a consent to acts , yet no free , but sained onely to accomplish his owne ends , and of preserving and redintegrating the rights of the crowne ; how easily may any king , ( and how oft have many kings , actually , though not legally ) invallid and ●ullifie all acts they have passed for the subjects benefit , as soone as they are made by parliaments ? what weake assurances then are lawes alone , to binde princes hands , or secure subjects liberties , let all wise men judge . if then the ignorant vulgar will be deceived with these specious fruitlesse protestations , and the bare grant only of some good laws ( already highly violated ) with●out any apparent intention to observe them ; yet most presume the great counsell of the kingdome ( which in so many printed declarations hath informed the subiec●● of the premises , to make them cautious , and vigilant against all such circumventions ) wil not be so easily over-reached , and find better assurances before they trust too 〈◊〉 ▪ fourthly , admit ( say some ) his majesties protestations and promises upon t●● hoped accommodation should be reall , ( w ch the sending abroad of his forces , west , south , north , at this very instant of treating makes most doubt , ) yet the sway of ill counsellors about him , more prevalent with , more trusted by him , at this present then his grandest counsell , the parliament : the potencie of the queene , the great merits of her grace & papists ( who will not be more modest with the king , then they are with god himselfe , in challenging rewards ex debito , for service done unto him ) 〈…〉 of divers malignants about the king , who will challenge all places of trust from his majestie , as just reward for their faithfull service ; as they did in henry the 〈◊〉 this raigne , when * mathew paris complained , and the whole kingdom● with him in this manner , iudicia 〈◊〉 injustis leges exlegibus , 〈…〉 &c. who when they have all power and offices shared among them , will be apt to meditate and act revenge on the primest of their parliamentary opposites , to oppresse and fleece the subjects to repaire their losses , their expences in this warre , or their poore decayed fortunes . all these with other such like probable subsequent considerations , may iustly plead the inconvenience , and great danger to parliament and kingdome , to make an absolute present surrender of the militia , forts , navie , ammunition into such untrusty hands , as are likely to turne them all against them , and to prooue mischeivous , if not pernicious , unto both , for the premised reasons ; * pestifera vis est valere ad n●cendum ; especially if it be in malignant hands . and here , to avoyd all misinterpretations of this impartiall discourse , i seriously protest ; that as i heartily desire and constantly endeavour a speedy , safe , cordiall vnion between king , parliament , people ; so have i most unwillingly been necessitated to repeat the premised objections , much feared designes , and experimentall contradictions betweene many late protestations and actions , ( frequent in parliamentary declarations , new printed pamphlets , and most mens mouthes ; ) not out of any disloyall seditious intention ( as some will maliciously mis-conster it ) to staine his maiesties reputation with his people , and make the breach betweene them incurable , that they may never trust one another more ; but onely faithfully to demonstrate to his highnesse and all about him , the great disservice and impoliticke pernicious advise of those ill counsellors , who have most unhappily engaged him in such pernicious proiects and frequent repugnances of workes and words , as have given both parliament and people , a more then colourable , if not iust occasion to distrust his maiesties gracious words and promises for the present , till they shall visibly discerne them , more punctually observed , and reallized for the future ; and made them so unhappy on the one hand , that now they dare not trust his majesty so farre forth as they desire , out of a provident care of their owne future security ; and his highnesse so unfortunate on the other hand , as to grow jealous of their loyalties , because they will not conside in his royall faith and protestations , so farre as he expects , out of a care to preserue his owne kingly honour . in this unhappy diffidence ( occasioned onely by his majesties cvill counsell ) betweene king and kingdome , a reall future renouncing of all forenamed suspected designes , and actuall performance of all regall promises , will be the onely meanes to cure all ielousies , banish all feares , remove all diffidences ; and beget an assured trust , firme peace , and lasting unity between king and subjects , to their mutuall unexpressible felicity ; which i shall dayly imprecate the god of peace , speedily to accomplish . but to returne to the matter in hand . secondly , it is conceived by many indifferent men , to be farre more reasonable and safe both for king and kingdome ( as things now stand ) that the mili●ia , ports , &c. till our feares and jealousies be quite removed , should remaine in the parliaments hands , then in the kings alone : which they thus demonstrate . first , because all these * are the kingdomes in right , property , use ; not the kings ; who being but the kingdomes royall publicke servant , may with honour and better reason deliver up the custody of them to the representative body of the kingdome for a reason , then detaine them from them , when they require it . secondly , because the parliament is the superiour soveraigne power , the king but the ministeriall ; and it is more rationall and just , that the inferiour should condiscend to the greater power , the ministeriall to those hee serves , then they to him . thirdly , many men of honour and fidelity are more to be trusted and credited , then any one man whatsoever , because not so mutable , so sub●ect to seduction , corruption , errour , or selfe-ends as one , or very few . this is the true reason , there are many iudges in all courts of iustice ; most select members in the highest court of all , the parliament , ( as there * was in the roman senate , in foraigne parliaments , in nationall and generall councels ; because courts of greatest trust and power ) many being more trusty and juditious then one , or a few ; whence solom●n doubles this resolution , * in the multude of counsellors there is safety ; yea , * two ( saith hee ) are better then one , in point of trust ; whence wise men of great estates make many 〈◊〉 , or executors , and seldome doe cofide in one alone , the parliament therfore being many , and the king but one , are most to be confided in by the kingdome . fourthly , kings have frequently broke their faith and trust with their parliaments and kingdomes ; parliaments seldome or never violated their trust to king or kingdome ; therefore it s more just , lesse dangerous for king and kingdome to trust the parliament , then the king. fiftly , the parliament is elective , consisting for the most part of the principall men in every county , city , burrough , in whom the people who elected them , most confide ; the king successive , not elective . therefore not so much confided in by the kingdome , as the parliament . sixtly , the parliament being the great counsell both of king and kingdome , consisting of the ablest men of all counties ; is better able to judge and make choyce of fit persons to manage and keep the premises for the publike safety , then the king alone , without their advise . seventhly , the parliament heretofore hath elected the greatest officers of the kingdome , ( yea the king himselfe , when the title to the crowne hath been doubtfull , the inheritance and discent whereof hath in all or most princes raignes , * beene constantly guided and setled by the parliament , as i have formerly proved ) because it most concernes the weal or woe ; the peace & safety of the realme to have trusty officers ; therefore by the selfe-same reason they should for the present appoint all officers for the custody and ordering of the premises . eightly , the kings trusting the parliament with these things for a convenient time , wil be the only meanes to remove the peoples feares , prevent their dangers , quiet their mindes , beget a perfect vnity and amity between king , parliament , subject , and prevent all future differences : whereas the present resigning of them to his majesties trust and power , will but augment their jealousies , feares , dangers , discontents ; and neither pacifie former differences , nor prevent future , but rather perpetuate and beget them ; especially if any notorious papists , malignants ( the likeliest men to be imployed vnder his maiesty ) be trusted with any of the premises , which will endanger both liberties and religion ; of which there will be no feare at all , if the parliament and such as they shall nominate be the onely trustees . in fine , if neither king nor parliament dare trust one the other alone with the premises , and it is neither royall , nor honourable as many beleev for the king to trust the parliament now alone , with these , who in their * declarations never desired , but professed the contrary , that the chiefest command of the militia when indifferent officers were appointed , should still reside in his majesty , in as ample manner as before ; there is no other equall , honourable , just , impartiall , probable way left to secure or accord both parties in this particular , but onely to commit the premises for a convenient time , to the custody of such trusty persons , nominated by the parliament to the king , or by the king to the parliament , as both sides ioyntly shall allow of , and by a speciall bill to prescribe them such an oath , as shall oblige them , to keep and imploy them onely for the ioynt use of king , kingdome , and parliament , by the joynt direction of king and parliament , and not by the single warrant or command of either of them , whiles this parliament continues ; vnder paine of high treason , both against the king and kingdome . i shall close up this obiection with the words of seneca , * securitas securitate mutua paciscenda est : errat enim si quis existimet tutum esse regem , vbi nihil a reg● tutum est . vnum est inexpugnabile munimentum , amor ciuium ; which the king shall then be sure of , when he takes up this resolution ; non rempublicam suam esse , sed se reipublicae : and shall really trust the kingdome and parliament as much , as farre forth , as he expects or desires they should trust him . the parliaments right to elect privie counsellours , great officers , and iudges . the third grand complaint of the king and royalists , against this parliament is : a that they take upon them a power to recommend and nominate to the king his privie counsellours , iudges , with other great officers of state ; demanding , that none of them may hereafter ( especially during parliaments ) be ordained by his majesty , but by their nomination or advice . a great affront , an intollerable encroachment on the prerogative royall , as is pretended . the lowd clamour against the parliament , if seriously examined , will speedily vanish into nothing . for ; first , it is b already cleared , ( c and fortescue so resolves ) that kings themselves ( the highest officers and justiciaries in their kingdomes ) were both created and elected at first , by the free generall votes of their people ; from whom alone they received all their royall authority , having still no other , nor greater lawfull power then they conferred on them , ( onely for the defence of their laws , persons , liberties , estates and the republicks welfare : ) which they may regulate , augment , or diminish , for the common good as they see just cause . therefore doubtlesse the people who thus created and elected their kings at first , did likewise constitute , and elect all publike councellours , officers , judges , ministers of the state , giving both being and bounds to their severall offices and iurisdictions by publike lawes ; which is most apparent not only in the d roman , e lacedemonian and other kingdomes , but our own too , by infinite acts of parliament creating , regulating and limiting the power , charters , pattents , graunts , and proceedings not onely of our kings , but of their counsellours , chancellous , treasurers keepers of the great seale and privie seale , high stewards , admiralls , marshalls , masters of the horse , presidents of the marches , and of york , masters and other officers of the court of wards iudges , and iustices of all courts , all kinds , sherifs ; coroners , customers , searchers , escheators , and all other temporall or ecclesiasticall publick officers : the right of whose elections remaining originally in the kingdome , and parliament representing it , was never yet irrevocably or totally transferred by them to the king , by any publike acts that i have seene : and therefore when they see just cause , they may make use of this their primitive inherent right of election , without any reall incroachment on the kings prerogative . secondly , i have already proved , that the f heretochs , lieutenants generall , and sherifs , ( as likewise the conservators of the peace ) in every county through the realme , were anciently elected onely by the parliament and people ; not the king , ( though they had the custody , power , command of the whole countey , ) without any impeachment to the prerogative royall ; why then may not these other publike officers of the estate be thus nominated and chosen by the parliament likewise , without any just exception or offence ? thirdly , all g coroners , majors , sherifs , baylifs , aldermen , recorders of london , yorke , bristoll , and generally of all cities , townes and burroughs throughout the kingdome ( which have the chiefe government of these corporations ) verderers of the forrest , constables and other officers , have ever anciently , and are still at this day elected onely by the people , not the king : yea all arch-bishops , bishops , abbots , priors , with other ecclesiasticall officers , ( who were formerly peers and members of the parliament , and rulers in the church , ) were anciently chosen , not by the king himselfe , but onely by the clergie and people , as sundry h presidents and i statutes manifest , and the conge de'sliers at this day for the election of new bishops , more then intimate : and all this without the least violation of the kings prerogative : why then may not the parliament nominate all those publike officers to the king by parallell reason , without ecclipsing his prerogative ? fourthly , the knights , citizens , and burgesses of the kings and kingdomes greatest court and councell , the parliament , k ( the k supreamest counsellors and iudges of all others , to whom all other courts , counsellors , officers , iudges , are responsible for their actions , iudgements , advice ; ) have alwayes of right beene , and yet are elected onely by the free-holders and commons of the realme : yea all the members of the lords house , though summoned thither by the kings writ , and not elected ; sit there * of right ( not of grace , or the kings free choyse ) by the fundamentall lawes and constitutions of the realme ; neither can the king by his absolute prerogative , elect any members of the commons house , or exclude any member of it , or peere of the vpper house ( who by vertue of his peerage ought to sit there ) without the houses consents : for then , if he might elect , or exclude one , he might likewise choose and seclude more , yea most of them , by like reason , at his pleasure ; and so subvert the subjects priviledges , and by a packed parliament impose what lawes or taxes he would on his people , to their slavery and ruine . which freedome of the subjects election , and all lords summons is so essentiall and necessary to parliaments , that the parliaments of r. . at westminster , and of h. . at coventry , were by the parliaments of h. . c. , . n● . , . and h. . c. . adjudged and declared to be void and no parliaments at all , but unlawfull , yea devillish assemblies , and ordinances , for this very reason ; because in the first of them the knights were not duly elected by the commons according to law and custome , but by the kings pleasure ; and the lords onely of the kings party , ( contrary to right and reason ) summoned to it : ( by meanes whereof , will , therein ruled for reason , men alive were condemned without examination ; men dead and put in execution by privie murther , were adjudged openly to dye , others banished without answer , an earle arraigned , not suffered to plead his pardon , l &c. ) and because the latter of them by m divers seditious evill-disposed persons about the king , was unduly summoned , onely to destroy some of the great nobles , faithfull and lawfull lords , and other faithfull liege people of the realme out of hatred and malice , which the said seditious persons of long time had against them : and a great part of the knights of divers counties of the realme , and many burgesses and citizens for divers burroughs and cities appearing in the some , were named , returned and accepted , some of them without due and free election , some of them without any election by meanes and labour of the said seditious persons , against the course of the lawes , and liberties of the commons of the realme , wherby many great jeopardies , enormities , and inconveniences , wel-nigh to the ruine , decay , and subversion of the realme , ensued . if then the grand councellors and judges of this highest court , are and ought to be elected only by the commons , not the king , because they are to consult , and make lawes for the kingdomes welfare , safety , government , in which the realme is more concerned then the king ; and bishops , abbots and priors likewise , whiles members of the lords house of parliament , were chosen by the clergy , people , commons , not the king : by semblable , or better reason , the whole state in parliament when they see just cause , may claime the nomination of all publike officers of the kingdome , ( being as much or more the kingdomes officers 〈◊〉 the kings , and as n responsible to the parliament as to the king , for their misdemeanours in their places ) without any diminution of the kings prerogative . fiftly , the parliament consisting of the most o honourable , wise , grave , and discree test persons of all parts of the kingdome , are best able clearely and impartially to iudge , who are the fittest , ablest , faithfullest , most deserving men to manage all these publike offices for the kings , the kingdoms honour and advantage , better then either the king himselfe , his cabinet-counsell , or any unconsiderable privadoes , courtiers , favourites ; ( who now usually recommend men to these places more for their own private ends and interests , then the kings or kingdoms benefit ; ) therfore it is but just & equitable that they should have the principall nomination and recommendation of them to the king , rather then any others whomsoever ; & that the king should rather confide herein to their unbiased iudgements , then to his most powerfull trustiest minions ; who would out the parliament of this just priviledge , that they might unjustly engrosse it to themselves ; and none might mount to any places of publike trust , but by their deare-purchased private recommendations ; the cause of so many unworthy , untrusty , corrupt publike officers and judges of late times , who have ( as p much as in them lay ) endeavoured to enslave both us and our posterities by publike illegall resolutions against their oathes and consciences . sixthly , though our kings have usually enjoyed the choice of judges and state officers , especially out of parliament time ; yet this hath been rather by the parliaments and peoples permissions , then concessions , and perchance by usurpation , as appeares by sherifes and lieutenants of counties elections , now claimed by the king , though anciently the subjects right , as i have proved . and if so , a title gained only by connivance or usurpation , can be no good plea in barre against the parliaments interest , when there is cause to claime it : however ; the kings best title to elect these publike officers , is only by an ancient trust reposed in his predecessors and him , by the parliament and kingdom , with this tacit condition in law ( which * littleton himselfe resolves is annexed to all officers of trust whatsoever , ) that he shall well and lawfully discharge this trust , in electing such counsellors , officers , and iudges as shall be faithfull to the republicke and promote the subjects good and safety . if then the king at any time shall breake or pervert this trust , by electing such great counsellors , officers , and judges as shall willingly betray his subjects liberties , proprieties , subvert all laws , foment and prosecute many desperate oppressing projects to ruine or inthrall the kingdom , undermine religion , and the like ( as many such have been advanced of late yeares ; ) no doubt the parliament in such cases as these , may justly regulate , or resume that trust so far into their own hands , as to recommend able , faithfull persons to these publike places for the future , without any injury to the kings authority . it was a strange opinion of hugh spensers ( great favourites to king edward the second ) which they put into a bill in writing , q that homage and the oath of allegianc● is more by reason of the crowne , then by reason of the person of the king , and is more bound to the crowne , then to the person ; which appeares , because that before the descent of the crowne , no allegiance is due to the person . therefore put case the king , will not discharge his trust well , according to reason in right of his crowne , his subjects are bound by the oath made to the crowne , to reforme the king and state of the crowne , because else they could not performe their oath . now it may ( say they ) be demanded , how the king ought to be reformed ? by 〈◊〉 of law , or by 〈◊〉 ? by suite at law , a man can have no redresse at all , for a man can have no iudge , but these who are of the kings party ▪ in which case , if the will of the king be not according to reason , he shall have nothing but ●rrour maintained and con●●med . therefore it behoveth for saving the oath , when the king will not redresse a thing , and remove what is evill for the common people , and prejudiciall to the crowne , that the thing ought to be reformed by force , because the king is bound by his oath to governe his lieges and people , and his lieges are bound to governe in aide of him , and in default of him . whereupon , these spensers , of their owne private authority , tooke upon them by vsurpation the sole government both of king and kingdome , suffering none of the peeres of the realme , or the kings good counsellours , appointed by the state , to come neere him to give him good counsell , not permitting the king so much as to speake to them but in their presence . but let this their opinion and private unlawfull practise , be what it will ; yet no doubt it is lawfull for the whole state in parliament , to take course , that this part of the kings royall trust ( the chusing of good publike counsellours , officers , judges , which much concernes the republike ) be faithfully discharged , by recommending such persons of quality , integrity , and ability to all publike places of trust and judicature , as both king and kingdome may confide in ; which will be so far from depressing , that it will infinitely advance both the kings honour , justice , profit , and the kingdomes too . seventhly , it is undeniable , that the counsellours , judges and officers of the kingdome , are as well the kingdoms councellours , officers and iudges , as the kings , yea more the kingdoms than the kings , because the king is but for the kingdoms service and benefit . this is evident by the statute of e. . c. . which enacts ; that as well the chancellour , treasurer , keeper of the privie seale , the iustices of the one bench and of the other , the chancellour and barons of the exchequer , as iustices assigned , and all they that doe meddle in the said places under them , shall make an oath , well and lawfully to serve the king and his people , in their offices : which oath was afterward enlarged by e. . c. . e. . stat. . e. . c. , , . rich. . c. . swearing and injoyning them : to doe even law , and execution of right to all the subjects rich and poore , without having respect to any person , &c. and if any of them doe , or come against any point of the great charter , or other statutes or the lawes of the land by the statute of e. c. . he shall answer to the parliament , as well at the kings suite , as at the suite of the party . seeing then they are as well the kingdomes councellours , officers , iudges , as the kings , and accountable , responsible for their misdemeanours in their places , as well to the parliament and kingdom as to the king , great reason is there , that the parliament , kingdome ( especially when they see just cause ) should have a voice in their elections , as well as the king. the rather , because when our kings have been negligent in punishing evill councellours , officers , iudges , our parliaments out of their care of the publike good , have in most kings reignes , both justly questioned , arraigned , displaced , and sometimes adjudged to death the kings greatest counsellours , officers and iudges for their misdemeanours : witnesse the displacing and banishing of william r longcham bishop of ely , lord chauncellour , chiefe iustice , and regent of the realme in richard the . his reigne ; of s sir thomas wayland chiefe iustice of the common pleas , attainted of felony , and banished for bribery by the parliament . ed. . the severall banishments of piers gaveston and the ● spensers ( the kings greatest favourites , officers , counsellors ) for seducing , miscounselling king e edward the second , oppressing the subjects , and wasting the kings revenues ; the removall and condemnation of f sir william thorpe , chiefe iustice of the kings bench , for bribery , . e. . the fining and displacing of g michael de 〈◊〉 pole lord , chauncellour , alexander nevell , and divers other great officers , and privie counsellours , with the condemning , executing , and banishing of tresilian 〈◊〉 , and other judges , in , & rich . by parliament , for ill councell , and giving their opinions at nottingham against law. of h empson , dudley , and that grand cardinall wolsey , lord chancellour , and the kings chiefest favourite and counsellour , in henry the eight his reigne : of the duke of sommerset , lord protector , and his brother , lord admirall , for supposed treasons in edward the th . his reigne : of sir francis bacon lord keeper , and cranfield lord treasurer , in king iames his latter dayes ; with infinite other presidents of former and latter ages ; and one more remarkable then all the rest : i in the yeare . ( the . of king edward the third his reigne ) and somewhat before , the prelates and clergy-men had ingrossed most of the temporall offices into their hands ; simon langham arch-bishop of canterbury , being lord chancellour of england , iohn bishop of bath , lord treasurer , william wickam archdeacon of lincolne , keeper of the privie seale , david wolley master of the rolles , iohn troy treasurer of ireland , robert caldwell clerke of the kings houshold , william bugbrig , generall receiver of the dutchy of lancaster , william ashby chancellour of the exchequer , iohn newneham and william de mulso chamberlaines of the exchequer , and keepers of the kings treasury and iewels ; iohn roxceby clerke and comptroller of the kings works and buildings , roger barnburgh , and priests more , clerkes of the kings chancery , richard chesterfield the kings under-treasurer , thomas brantingham treasurer of guives , merke and calis ; all these clergie-men ( who abounded with pluralities of rich spirituall livings , though they monopolized all these temporall offices : ) in the parliament of edward the d. by a petition and complaint of the lords , were displaced at once from these offices ( no wayes suitable with their functions ) and lay-men substituted in their places : and a like k president i find about hen. d. where the clergy lord chancellour , treasurer , with other officers were removed , upon a petition against them , and their offices committed to temporall-men , whom they better beseemed . if then the parliament in all ages hath thus displaced and censured the greatest councellours , state-officers , iudges for their misdemeanours , ill counsell , insufficiency , and unfitnesse for these places , ( contrary to that twice condemned false opinion , of the over-awed iudges at nottingham in r : . * that the lords and commons might not without the kings will impeach the kings officers and iustices upon their offences in parliament , and he that did contrary was to be punished as a traitour ; ) and that upon this very ground , that they are the kingdoms counsellours , officers and iustices , as well as the kings , and so responsible to the parliament and kingdome for their faults . i see no cause why they may not by like reason and authority , nominate and place better officers , counsellours , iudges in their steeds , or recommend such to the king , when and where they see just cause . eightly , l iohn bodin a grand polititian , truely determines and proves at large , that it is not the right of election of great officers , which declareth the right of soveraignty , because this oft is , and may be in the subjects , but the princes approbation , and confirmation of them when they are chosen , without which they have no power at all . it can then be no usurpation at all in the parliament upon the kings prerogative , to nominate or elect his councellours , great officers , and iudges , or recommend meet persons to him ( which is all they require ) so long as they leave him a power to approve and ratifie them by writs or speciall patents , in case he cannot justly except against them ; of which power they never attempted to divest his majesty , though he be no absolute , but only a politick king , m as fortescue demonstrates . ninthly , it hath beene , and yet is usuall in most forraigne kingdomes , for the senate and people to elect their publike offi●ers and magistrates , without any diminution to their kings prerogative . in n the roman state , the people and senate not only constantly elected their kings and emperours , but all their other grand publike officers and magistrates , ( as consuls , tribunes , dictators , senators , decemviri , and the like ) were elected by the people ; who prescribed them lawes , oathes , and had power to question , to punish , remoove and censure them when they offended . o solon and aristotle , with other great politicians , debating this question ; whether the power of electing and censuring the magistrates , and chiefe officers ought to resids in the people ? conclude offirmatively , that it is most necessary and convenient , this power should rest in the people ; because else the people shall become both the servants and enemies of their princes , if they have not this power ; and because all the people together are more considerable , and better able to judge of the goodnesse and fitnesse of magistrates for them , then any few select particular men , which are more apt to be seduced with by-end● , then a great multitude . whence , among the lacedemonians , and in most kingdomes and republicks in greece , the people had both the election , yea and correction of their magistrates and chiefe state officers , as they manifest . in the kingdome of p aragon , in spaine , their ancient suparbiense forum , their iustitia aragoniae , and rici homines , ( who are their principall magistrates , great counsell of state , and privi● counsellours to their king both in warre and peace ; having power over their kings themselves , to examine and censure all their actions , and remove them if there be cause ; ) with all their members , knights and burgesses of their parliaments ; ( held formerly once a ye●re , but now once every second yeare , by fixed lawes ; ) anciently were , and at this day are elected by the people and not the king. * in q the germane empire , the electorship , chancellourship , and all great offices of state , are hereditary and successive , not chosen by the emperour : and the greatest part of inferiour magistates , are elected in most provinces and cities by the people . in polonia the archbishop of gnesne , is by inheritance alwayes chancellour of the realme . in r hungary , the great palatine , the chiefest officer of that kingdome , next to the king himselfe , who at home determineth and judgeth all differences between the king and subjects , according to the lawes of that realme ( est enim apud panonios in usu , regem si quid contra legem fecerit , legibus subijci ) and during the interregnum , hath right to summon parliaments , and generall assemblies of the estates ; yea , the chiefe hand and power in electing a new king ; and the soveraigne command in the warres , adeo ut sontes punire , bene de re publica ●●ritis praemia discernere , fundosque qui . vel . agricolarum capaces sunt juris haer●ditarij nomine conferre possit , &c. ( as nicholaus isthuanfus writes ) is elected by the states and parliament of hun●ary , not the king. * and in this manner bethrius was elected palatine in a full ass●mbly of the states , senatus , nobili●ti●sque consensu , anno dom. . and the vayvode put by . in * venice , the senate and people chuse all the great publike officers , not the duke . in poland ( where the king is elective ) by the law of sigismond augustus , all the magistrates of every countrey were to be chosen , by the particular states of every government , and so they are now . in denmarke , and sweden , and bohemia , the kings themselves are elective by the states and people , and most of their publike officers too . when t rome and italy were under the gothish kings , they still elected their publike officers , as is evident by king theodoricus letter of approbation of their election , in these words . our consent , reverend , fathers , doth accompany your j●dgement . in u scotland , anno . the scots in king iohn bayliols reigne , considering his simplicity and unap●n●sse , elected them . peeres , after the manner of france : ( to wit ) . bishops , . earles , and . lords , by whose counsell the king ought to governe the realme , and by whose ordination all the affaires of the kingdome should be directed ; which was principally done in affront of king edward the first , by whom this iohn was made king of scotland , in some sort against the scots good liking ; some of them secretly murmuring against it . in france it selfe , where the king ( as * some thinke , and write , is an absolute monarch , ) the greatest publike officers anciently , have sometimes been elected by the three estates of parliament . y anno . the states of france , elected the earle of leycester their grand seneschall , and chiefe counsellour of state , to advise them , and their desolate estate , what to doe . z in the yeare . arthur duke of brittaine was chosen constable of france , by the voice of all the peers , of the great counsell , and parliament ; and thereupon was admitted to that grand office. a in the yeare . the th . of king iohn of france , the archbishop of roan , chancellour of france , sir simon de bury , chiefe counsellour of the king , and of the parliament , sir robert de lorize , chamberlaine to the king , sir nicholas brake , master of the kings pallace , eguerrain , burges of paris , and under-treasurer of france , iohn priest , soveraigne-master of the money , and master of the accounts of the king , and iohn chauneon , treasurer of the kings warres , were all complained of by the three estates of france , assembled in parliament , for misguiding the king and realme , their goods confiscated to the king , themselves removed from these offices , and others elected in their places by the states . in b the yeare . by a law made in the parliament at paris , it was decreed , that the officers of the high court of parliament should be made by the parliaments election , and those then vacant were so ; which law was againe revived by king lewis the th . in the yeare . and after him in the time of charles the th . not onely the presidents , the kings counsellours and advocates were made by election , but even the kings atturney generall ( the onely man of all the body of the court , that oweth not oath but to king onely ) was chosen by the suffrages of the court , in the yeare , . though their letters of provision and confirmation of their election then were , and yet are alwayes granted by the king. about the c yeare , . the earle of flanders who had regall jurisdiction , exacting new customes and taxes from his subjects , contrary to their liberties , they thereupon expelled him , with all his family and counsellours out of their countrey , and refused upon any termes to submit to his governement , unlesse he would remove all his evill counsellours from him , and deliver them into their hands to be punished , et recipere solvm velit consiliarios ex commvnis vvlgi decreto , and would receive such counsellours onely as his people by common decree should assigne him ; which he was constrained , sore against his will to condescend too , ere they would restore him . since then the councellours , magistrates , judges , and prime officers of state in most other kingdomes , have beene thus elected by the people and parliaments without any enchrochments upon their kings just regalities ; why our parliament now may not claime and enjoy the like priviledges , without any impeachment of the kings just prerogative ? transcends my understanding to conceive . finally , our own parliaments in most kings reignes , have both claimed and enjoyed this power of electing privie counsellours , chancellours , treasurers , judges , and other great officers of state , and created some new officers of far higher quality and power ( to governe both king and kingdome ) then any the parliament desires , 〈◊〉 are in truth fitting for them to create , unlesse in cases of absolute necessity , to prevent the kingdomes utter ru●ne . to give you some few principall instances of many . in the d yeare . the yeare of king iohns raigne , in a parliament held at ●●●ning-meade , neare windsor ; for the setling and securing of magna charta , and other the subjects lawes and liberties formerly granted by henry the . it was agreed by king iohn , and enacted , that there should be barons chosen , such as the lords would , who should to their uttermost power cause the same to be held and observed . and that if either the king or his iusticiar should transgresse in any article of the lawes , and the offences shewed , barons of the . should come to the king , or in his absence out of the kingdome , to the chiefe iusticiar , and declare the excesse , requiring without delay , redresse for the same ; which if not made within . dayes after such declaration , those barons should referre the cause to the rest of the , who with the commons of the land , might distraine and inforce the king by all meanes they could ( by seising upon his castles , lands , and pessessions , or other goods ; his person excepted , and that of his queene and c●ildren , ) till amends be made according to their arbitration . and that whosoever would should take their oath for the execution hereof , and obey the commandement of the . barons herein without prohibition . and if any of them dissented , or could not assemble ; the major part , to have the same power of proceeding : hereupon there are . barons chosen to b● conservators of magna charta , and the subjects priviledges ( whose names you may reade in matthew paris ) who by the kings consent , tooke an oath upon their soules ; that they would keepe these charters with all diligence , and compell the king , if he should chance to repent ( as he did soone after ) to observe them : which done : all the rest of the lords , then likewise tooke another oath , to assist and obey the commands of those five and twenty barons . in the yeare . e hugh de burgh , was made the protector , or guardian of the realme by a parliament , held at oxford . in the yeare . i reade in f matthew paris , and others , that ralph nevill bishop of chichister , was made keeper of the great seale , and chancellour of england , by assent of the whole kingdome ( in parliament , ) to wit , in such sort , vt non deponeretur ab ejusdem sigilli . custodia , nisi totivs regni ordinante consens●v & consilio , that he should not be deposed from the custody of the said seale , but by the ordinance , consent and covnsell of the whole realme . loe here the greatest officer of the realme , not onely elected , but confirmed by parliament , so as not to be displaced but by the consent of the whole realme , whose publike office● he was . hereupon king henry afterward , taking some distaste against ralfe ( because the monkes of winchester elected him bishop of that sea against his good liking ) tooke away the seale from him , and delivered it to geffery of the temple , in the ● g . yeare of his reigne ; but yet he held his chancellours place still , and tooke the profits of it , during all his life ; though he refused to take the seale againe , when the king offered to restore it him , the . of his reigne . quod per consilium praedicto cancellario commissum fuit totivs regni . h after which he being restored to the seale by the parliament , an. . this king removed ralph the steward of his houshold , with certaine other his counsellours , and great officers of his house , from his counsell , and their offices ; and he likewise most instantly required his seale from this bishop of chichester his chancellour , who executed his office unblameably , being a pillar of truth in the court , but the chancellour refused to deliver it , seeing the violence of the king to exceed the bounds of modesty ; and said , that hee could by 〈◊〉 meanes doe it , cum illud commvni consilio regni svscepisset , since he had received it by the common counsell of the kingdome ; wherefore he could not resigne it to any one withovt the common covnsell of the realme ; to wit , the parliament . * anno dom. . king henry the third sommoning a parliament at london , because it seemed somewhat hard to sequester all his present counsell from him sodenly , as reprobate , it was concluded , that the earle warran , william de ferarijs , and john fitz geofrey should be added to his privie counsell ; whom the king caused to sweare , that by no meanes , neither through gifts , nor any other manner , they should deviate from the way of truth , but should give good and wholesome councell both to the king himselfe and the kingdome . whereupon they granted him a subsidie of the thirtieth part of their goods , upon condition ; that from thenceforth , and ever after forsaking the counsell of strangers and all unnaturall ones ( qui semper sui & non regni amici esse consueverunt , & regni bona distrahere , non adunare ) he should adhere to the counsell of his faithfull and naturall subjects . et sic soluto consilio non sine interiori murmuratione & multa concepta indignatione , ●o quod cum difficultate tanta regis animum ad salubre consilium contorquerent ; & consilijs eorum , a quibus omnem honorem terrenum habet , obsecundarent , ad propria quisqueremeavit . but this prefidious king , & regni delapidator , as the barons and historians stile him , contrary to his solemne oath and promise , would not be weaned from his evill counsellours but retained them still , till by force of armes they were removed and banished . in the x yeare . the of henry the third his reigne ( the bishop of chichester , that faithfull stout chancellour made by parliament , dying , and the place continuing void for a space ) in a parliament at london , the lords and commons complained , that for defect of a chancellour , divers writs were granted against iustice , and they demanded , that by their election a iusticiar and chancellour might be made , by whom the state of the kingdome might be setled as it was accvstomed . the king promised to reforme all things himselfe , least he might seeme thereto compelled by them : which they gave him a convenient time to effect , and so adjourned ; promising to give him an aide at their next meeting , if in the meane time , he redressed things amisse , according to promise : which he failing to doe . at their next meeting , they demanded magna charta to be confirmed , which they had divers times dearely purchased , and a new charter to be made for that purpose , that all the infringers thereof should be solemnly excommunicated by the bishops . and because the king had not hitherto observed the great charter , notwithstanding his oathes and promises , and saint edmonds excommunication against him by infringing it , least the like danger should happen in after times , and so the last errour be worse then the first , by common assent they elected of the most p●l●tick discreetest men of all the realme , who should be of the kings counsell , and sweare that they would faithfully mannage the affaires of the king and kingdome , and would administ●r iustice to all men , without respect of persons : that these should alwayes follow the king ; and if not all , yet two at the least , should be present with him , to heare every mans complaint , and speedily releeve such as suffered wrong . that the kings treasury should be issued by their view and testimony , and that the money specially granted by all , should be expended for the benefit of the king and kingdome , in such sort , as should seeme best , and most profitable . and that these shall be conservators of their liberties . and that as they are chosen by the assent of all , so likewise not any of them should be removed , or deprived of his office , without common assent , that one of them being taken away , by the election and assent of the three , another should be substituted within two moneths . neither without them , but when there shall be necessity , and at their election , may all meet againe . that the writs impetrated against the law and custome of the realme , should be utterly revoked and cancelled . that sentence should be given against the contradictors . that they should oblige one another to excute all this by a mutuall oath . that the justiciar and chancellour should be chosen by the generall voices of all the states assembled : and because they ought to be frequently with the king , may be of the number of the conservators . and if the king by any intervenient occasion shall take away his seale from the chancellour , whatsoever shall be sealed in the interim , shall be reputed void and frustrate , till restitution of it be made to the chancellour . that none be substituted chancellour , or iusticiar , but by the universall assembly and free assent of all . that two iustices may be chosen of the bench ; two barons of the exchequer ordained : and at least one iustice of the iewes deputed : that at this turne all the said officers should be made and constituted by the common universall and free election of all , that like as they were to ●andle the businesses of all , sic etiam in eorum electionem concurrat assensus singulorum ; so likewise for their election the assent of all should concur . and afterwards , when there shall be need to substitute another in any of the foresaid places , this substitution shall be made by the provision and authority of the foure counsellours aforesaid . that those hitherto suspected , and lesse necessary should be removed from the kings side . but whiles these businesses , over-profitable to the common-wealth , had beene diligently handled by the lords for three weekes space ; the enemy of man-kind , the disturber of peace , the raiser of sedition , the devill ( as matthew paris writes ) unhappily hindered all these things by the popes avarice , through the coming of martin a new legate , with a larger power then any ever had before to exact upon the state ; the interposition of which businesse in parliament , where it received a peremptory repulse , tooke up so much time , that the former could not be fully concluded during that parliament . whereupon after this , in the yeare . h king henry calling a generall parliament at london to take an effectuall course for the setling of the distractions and grievances of the realme ; and therein demanding an ayde ; he was grievously reprehended for this , that he was not ashamed then to demand such an ayde , especially because when he last before demanded such an exaction ( to which the nobles in england would hardly assent ) he granted by his charter , that he would no more doe such an injury and grievance to his nobles : they likewise blamed him for his profuse liberality to forraigners , on whom he wasted his treasure ; for marrying the nobles of the land against their wills to strangers of base birth ; for his base extortions on all sorts of people , his detaining the lands of bishops and abbots long in his hands during vacancies , contrary to his coronation oath , &c. but the king was especially grievously blamed by all and every one ; who complained not a little , for that * like as his magnificent predecessors kings have had , iusticiarium nec cancellarium ha●et , nec thesaurarium , per commvne consilivm regni , prout deceret & expediret , hee had neither a chiefe iustice , nor chancellour , nor treasurer made , by the common councell of the kingdome as it was fitting and expedient ; but such who followed his pleasure whatsoever it was , so it were gainefull to him , and such as sought not the promotion of the common-wealth , but their own , by collecting money , and procuring wardships , and rents , first of all to themselves ; ( a cleare evidence , that these officers of the kingdome were usually of right created by the parliament , in this kings and his ancestors times : ) when the king heard this he blushed , being confounded in himselfe , knowing all these things to be most true : he promised therefore most truely and certainely , that hee would gladly reforme all these things , hoping by such a humiliation , though fained , more readily to incline the hearts of all to his request ; to whom , taking counsell together , and having beene oft ensnared by such promises ; they all gave this answer : this wil be seene , and in a short time it will manifestly appeare to all men ; therefore we will yet patiently expect ; and as the king will carry himselfe toward us , so we will obey him in all things : whereupon all things were put of and adjourned till dayes after saint iohn baptists feast ; but the king in the meane time , obdurated either by his owne spirit , or by his courtiers , who would not have his power weakned ; and being more exasperated against his people , regarded not to make the least reformation in the foresaid excess●s , according as he had promised to his liege people , but instead thereof , when all the nobles and parliament met againe at the day prefixed , firmely beleeving that the king , according to promise , would reforme his errours , and follow wholesome counsels , gave them this displeasing answer , by his ill councellours : ( from whom his majesties evill advisers lately borrowed it . ) you would , all ye primates of england , very uncivilly bind your lord the king , to your will , and impose on him an over-servile condition , whiles you would impudently deny to him , that which is lawfull to every one of your selves . verily it is lawfull to every one , to use whose and what councell he listeth . * moreover it is lawfull to every housholder to preferre to , put by , or depose from this or that office any of his houshold , which yet you rashly presume to deny to your lord the king ; especially when the servants ought not at all to judge their lord , nor the vassalls their prince ; nor to restraine him with their conditions ; yea verily , who ever are reputed * inferiours , ought rather to be directed by the pleasure of their lord , and to be regulated by his will ; for the servant is not above his lord , nor yet the disciple above his master . therefore he should not be as your king , but as your servant , if he should be thus inclined to your will. wherefore he will neither remove chancellour , nor iustice , nor treasurer , as you have propounded to him to doe ; neither will he substitute others in their places : he likewise gave a cavilling answer to the other articles though wholesome enough to the king , and demanded an ayde to recover his right in forraigne parts . when the barons heard this answer , it appeared more cleere then the light , that these things sprung from those ill councellours , whose weakened power would be utterly blowne up , if the councell of all the baronage should be hearkened to ; wherefore they all gave this unanimous peremptory answer ; that they would grant no ayde at all to impoverish themselves , and strengthen the enemies of the king and kingdome : and so the parliament being dissolved with indignation , unusquisque spe fraudatus a parliamento frustra diu expectato , nihil nisi sannas , cum frivolis amissis laboribus cum expensis , ut solent saepius , reportarunt : which when the king had seene he was put into a vehement anger , and said to his councellours ; behold by you the hearts of my nobles are turned from me ; behold i am like to lose gascoigne , poyteirs is spoyled ; and i am destitute of treasure ; what shall i doe ? whereupon to satisfie him , they caused his plate and iewels to be sold , and invented sundry new projects to raise monies . the very * next yeare . the lords assembling againe at london at the end of easter pressed the king with his promise made unto them , that the chiefe iusticiar , chancellour , and treasurer might be constitvted by the generall consent of the kingdome ; which they most certainely beleeved they should obtaine : but by reason of the absence of richard earle of cornewall , which was thought to be of purpose , they returned frustrate of their desire for that time . * anno . in another parliament summoned at london , in easter tearme , the lords and commons require and claime againe their former rights in electing the iusticiar , chancellour , and treasurer ; but after much debate the parliament is proroged , and nothing concluded . yet the lords and commons would not be thus deluded of their right , which to regaine , they strained their jurisdiction to an higher note then ever they had done before . for in the l yeare . the barons seeing the realme almost destroyed with taxes , and exactions , and poictovines to domineere and rule all things in england , effectually to redresse these grievances , and reforme the state of the realme , in a parliament at oxford , ( to which they came very well armed ) by advise of some bishops ; among other articles , they demanded of the king , that such a one should be chiefe iusticiar who would judge according to right , &c. and that . ( others write . persons , ( whom fabian stiles the douze peeres ) should there be chosen , to have the whole administration of the king and state ( by reason of the kings former misgovernment ) and the yearely apiointing of all great officers ; reserving onely to the king the highest place at meetings , and salutations of honour in publike places . to which article the king , and his so●ne prince edward , out of feare , not onely assented and subscribed , but likewise tooke a solemn● oath to performe them ; all the lords and bishops taking then the like oath , to hold and maintaine these articles inviolably ; and further they m●de all that would abide in the kingdome , to sweare also to them ; the arch-bishops and bishops solemly accursing all such as should rebell against them . which articles the king and his son labouring by force of arms to annull , they were notwithstanding enforced to confirme them in . or subsequent parliaments . by vertue of these articles enacted thus in parliament , those lords not only removed old sherifes of counties appointed by the king , and put in new of their owne chusing ; but likewise displaced philip lovell the kings treasurer , with divers officers of the exchequer , and sundry of the kings meniall servants , setting others whom they liked in their places ; and made hugh bygod , lord chiefe justice , who executed that office valiantly and justly , nullatenus p●rmittens jus regni vacillare ; creating likewise a new chancellour and removing the old . after this in a parliament at london , anno . they consulted about the electing of new justices , and of the chancellour and treasurer of england for the following yeare , ( these places being made annull by the former parliament : ) in pursuance whereof , hugh bigod his yeare expiring , hugh spenser was by the lords and parliament appointed to be his successour , and made lord chiefe iustice , and likewise keeper of the tower of london , by the consent of the king and barons ; and by authority of this parliament , the abbot of burgh , succeeded iohn de crakedale in the treasurership , and the great seale of england was by them committed to the custody of * richard then bishop of ely. the very next yeare . the barons , with the consent of the selected peeres , discharged hugh spenser of his chiefe iusticeship , when his yeare was expired , and substituted sir philip basset in his roome ; in which yeare the king appointed justices of eyre through england , without the lords , contrary to the provisions of the parliament at oxford : they coming to hereford to keepe a sessions there , and summoning the county to appeare before them on hockeday ; divers chiefe men of those parts , who sided with the barons assembled together , and strictly commanded those iudges not to presume to si● , against the ordinances of oxford , neither would any other of the people answer them in any thing : whereupon acquainting the king with this opposition , they departed thence without doing ought : and the king making this yeare new sherifes in every couunty , displacing those the barons had made ; the inhabitants of each county hereupon marfully repulsed them , and would not obey , nor regard , nor answer them in any thing ; whereat the king was much vezed in minde : and upon a seeming shew of reconciliation to the barons , going to dover and rochester castles ( committed to the barons custody for the kingdomes safety ) they permitted him to enter peaceably into them without any resistance : upon which , minding to breake his former oaths for the keeping of the oxford articles , he first seiseth upon these and other castles , and then coming to winchester castle where he had free entrance permitted him by the barons ( who suspected no ill dealing , he tooke it into his owne custody ; whether he called to him the chiefe iustice and chancellour , not long before made that yeare , by the barons ; commanding them to deliver up the seale and iustices roles unto him ; who answered , that they could by no meanes doe it , without the barons consent and pleasure concurring with the kings , with which answer the king being moved , presently without consulting with the baronage , made walter merton chancellour , and the lord philip basset chiefe justice to him and the kingdom ; removing those the barons had appointed from those and other places . which the barons hearing of , considering that this was contrary to them and their provisions , and fearing least if the king should thus presume , he would utterly subvert the statutes of oxford , thereupon they poasted to the king , guarded with armes and power , and charged him with the breach of his oath ; forcing him at last to come to an agreement with them ; which the king soone violating ; the barons and he raised great forces , met and fought a bloody battle at lewes in sussex ; where after the losse of . men , the king and his son prince edward , with sundry lords of his party were taken and brought prisoners to london : where all the prelates , earles , and barons , meeting in parliament ( anno as mathew westminster computes it ) made new ordinances for the government of the realme ; appointing among other things , that two earles , and one bishop elected by the commons should chuse . other persons , of which three should still assist the king ; and by th● counsell of those three and the other nine , all things should be ordered , as well in the kings house as in the kingdome , and that the king should have no power at all to doe any thing without their counsell and assent , or at least without the advice of three of them . to which articles the king ( by reason of menaces to him , to elect another king ) and prince edward ( for feare of perpetuall imprisonment if they consented not ) were enforced to assent ; all the bishops , earles and barons consenting to them , and setting their seales to the instrument wherein these articles were conteined . after which the earle of leicester and his two sons , being three of the twelve , devided all the kings castles and strong holds betweene them , and bestowed all the chiefe offices in the kings house , upon his capitall enemies ; which indiscreete , disloyall carriage of theirs , much offended not only the king and prince , but the earle of glocester and other of the barons ; so that they fell off from the earle to the king and prince , and in a battell at eusham slew the earle , and most of his partisans ; after which victory the king calling a parliament at winchester , utterly repealed and vacated those former ordinances : which had they only demaunded the nomination of great officers , counsellours and judges to the king , and not entrenched so far upon his prerogative , as to wrest all his royall power out of his hands , not only over his kingdom , but houshold too ; i doubt not but they had beene willingly condiscended to by the king and prince as reasonable , and not have occasioned such bloody wars to repeale them by force . in k. edward the second his reigne , the lords and commons by an ordinance of parliament , having banished out of court and kingdome pier ; gaveston , his vi●ious favourite , and pernicious grand counsellour ) in a c parliament held at warwick , nominated and constituted hugh spenser the sonne , to be the kings chamberlaine ; and in that parliament further enacted ; that certaine prelates and other grandees of the realme should remaine neare the king by turnes , at set seasons of the yeare , to counsell the king better , without whom no great businesse ought to be done : challenging ( writes speed ) by sundry ordinances mad● by them in parliament , not onely a power to reforme the kings house and councell , and to place and displace all great officers at their pleasvre , but even a joynt interest in the regiment of the kingdome . after which the spensers engrossing the sole regiment of the king and kingdome to themselves , and excluding those lords from the king , appointed by the parliament to advise him , not suffering the king so much as to speake with them but in their presence ; they were for this and other offences banished the land by act of parliament . this king towards the end of his raigne , after the queenes arrivall with her army , obscuring himselfe and not appearing ; by f advise and consent of the lords , the duke of aquitaine was made high keeper of england , and they , as to the custos of the same , did sweare him fealty ; and by them robert baldocke lord chancellour was removed , the bishop of norwich made chancellour of the realme , and the bishop of winchester lord treasurer , without the kings assent . in the yeare of k. edward the d. chap. , . there was this excellent law enacted . because the points of the great charter be blemished in divers manners , and lesse well holden then they ought to be , to the great perill and slaunder of the king , and dammage of the people ; especially in as much as clerkes , peeres of the land , and other freemen be arrested and imprisoned , and outed of their goods and cattels , which were not appealed nor indighted , nor suite of the party against them , affirmed ; it is accorded and assented that henceforth such things shall not be done . * and if any minister of the kings , or other person of what condition he be , doe or come against any part of the great charter , or other statutes , or the laws of the land , he shall answer to the parliament , as well as the suite of the king , as at the suite of the party , where no remedy nor punishment was ordained before this time , as farre forth where it was done by commission of the king , as of his owne authority ; notwithstanding the ordinance made before this time at northampton , which by assent of the king , the prelates , earles , and barons , and the commonalty of the land , in this present parliament is repealed , and utterly disanulled . and that the chancellour , treasurer , barons and chancellour of the eschequer , the iustices of the one bench and of the other , iustices assigned in the county , steward and chamberlaine of the kings house , keeper of the privie seale , treasurer of the wardrobe , controuler , and they that be chiefe deputed to abide nigh the kings sonne duke of cornewall , shall be now sworne in this parliament , and so from henceforth at all times that they shall be put in office , to keepe and maintaine the priviledges and franchises of holy church , and the points of the great charter , and the charter of the forrest , and all other statutes , without breaking any point . item , it is assented , that if any the officers aforesaid , or chiefe clerke to the common bench , or the kings bench , by death or other cause be out of his office ; that our soveraigne lord the king by the accord of his great men which shall be found most nighest in the county , which hee shall take towards him , and by good councell which he shall have about him , shall put another convenient into the said office , which shall be sworne after the forme aforesaid . and that in every parliament at the third day of the same parliament , the king shall take to his hands the offices of all the ministers aforesaid ; and so shall they abide or dayes , except the offices of iustices of the one place and the other , iustices assigned , barons of the exchequer ; so alwayes that they and all other ministers be put to answer to every complaint . and if default be ●ound in any of the said ministers by complaint or other manner , and of that be attainted in the parliament , he shall be punished by judgement of his peeres out of his office , and other convenient set in his place . and upon the same , our said soveraigne lord the king shall doe to be pronounced to make execution without delay , according to the iudgement of the said peeres in the parliament . loe here an expresse act of parliament g ordained and established by king edward the third , by assent of the prelates , earles , barons , and other great men , and of all the commonalty of the realm , which this king did give and grant for him and his heires , firmely to be kept and holden for ever ; that all great officers , barons , iudges and iustices of the kingdome , and chiefe attendants about the king and prince , should not onely take the fore-mentioned oath , but be elected alwayes by the accord of the great men , and good councell neare and about the king , out of parliament , and by the peeres in parliament , and the king bound to make execution according to their iudgement . this law ( as i conceive ) was never legally repealed by parliament , but onely by this kings h proclamation , by the ill advice and forced consents of some few lords and councellours about him ; upon pretence , that he never freely assented to it , but by dissimulation onely to obtaine his owne ends , that parliament , which else would have miscarried and broken up in discontent had not this law beene granted in manner aforesaid . which consideration makes me confident , that the parliament being so eager to obtaine this law , would never so soone yeeld wholly to repeale it , and so for ought i know it stands yet in force , to justifie the present parliaments claime in this particular . in e. . c. . e. . c. . e. . stat. . e. . c. , , . divers notable oathes are prescribed to iudges , iustices and other officers , and that they shall not delay nor forbeare to doe right for the kings great or little seale , or any letters from him or any other , but goe forth to doe the law , notwithstanding them : in the yeare . the of edward the d. his raigne , a * parliament , ( commonly called the good parliament by our historians ) being assembled , the king required a subsidie by reason of his warres ; to which the commons answered ; that they could no longer beare such charges , considering the manifold most grievous burdens they had from time to time borne before : and that they knew full well , that the king was rich enough to defend him and his land , if his land and the treasure were well guided and governed ; but it had beene long evill ruled by evill officers , so that the land could not be plenteous neither with merchandize , chaffer , nor riches . by reason whereof , and of their importunate charges the commonalty was generally impoverished moreover , the commons complained upon divers officers that were the causers of this mis-order , whereof the lord latimer , ( then lord chamberlaine ) was principall , and dame alice piers the kings concubine , ( who would usually in most impudent manner come in person into all courts of iustice , and sitting by the iudges and doctors , perswade or disswade them to judge against the law for her owne advantage , on that side for which she was engaged ; to the great scandall and dishonour of the king , both in his owne and other realmes : ) and sir richard scurry knight , by whose councells and sinister meanes the king was mis-guided , and the government of the land disordered . wherefore they prayed by the mouth of their speaker , sir piers de la mare , that the said persons with others , might be removed from the king , and others to be set in authority about his person , as should serve for his honour and for the weale of his realme . which request of the commons : by meanes of the noble prince edward was accepted ; so that the said persons , with the duke of lancaster and others , were removed from the king ; and other lords by advise of the said prince , and other wise lords of the realme ; & per parliamentvm praedictvm writes walsingham , were put in their places , such as the prince and peers thought fittest . moreover in this parliament , at the petition of the commons it was ordained , that certaine bishops , earles and other lords should from thence forth govern both the king and kingdom ( the king being then in his dotage unable to governe himself or the kingdome ) because the king was growne old and wanted such governours . this passage is thus expressed in the parliament roll of . e. . numb . . also the commons considering the mischiefes of the land , shewed to the king and lords of the parliament ; that it shall be for the honour of the king and profit of all the realme , which is now grieved in divers manners by many adversities , as well by the wars of france , spaine , ireland , guyon and bretaigne , and else-where , as likewise by the officers who have been accustomed to be about the king , who are not sufficient at all without other assistance for so great a government ; wherefore they pray that the councell of our lord the king , be inforced ( or made up ) of the lords of the land , prelates and others to the number of . or . ( which the king shall please ) to remaine continually with the king , in such manner that no great businesse shall passe or be there decreed without all their assents and advice ; and that other lesser businesses shall be ordered by the assent of , or . of them at least , according as the case shall require ; so that at least . or . of such counsellours shall be continually resident to councell the king. and our lord the king , consid●ring the said request to be honourable and very profitable to him , and to all his realme , hath thereto assented : provided alwayes that the chancellour , treasurer , or keeper of the privy seale , and all other officers of the king , may execute and dispatch the businesses belonging to their offices , without the presence of the said councellours , the which the king hath assigned , &c. but this ordinance lasted scarce three moneths , for after the commons had granted a subsidy of foure pence the pole , of all above foureteene yeares old , except beggars : prince edward dying , and the parliament determining , these removed ill-officers got into the court , and their offices againe ; and by the instance and power of alice piers , the speaker , de la mare was adjudged to perpetuall prison in nottingham castle , ( an act without example in former times , and which did no good in this ) where he remained prisoner two years space , though his friends very oft petitioned for his liberty : and o iohn a gaunt duke of lancaster ( made regent of the realme , because of the kings irrecoverable infirmity ) summoning a parliament the yeare following , repealed the statutes made in this good parliament , to the subjects great discontent , who were earnest suiters to the duke for de la mare his enlargement and legall tryall ; which being denied , the londoners upon this and other discontents tooke armes , assaulted the duke , spoyled his house at the savoy , and hung up his armes reversed , in signe of treason in all the chiefe streets of london . but in the first yeare of richard the second , in a p parliament at london , peter de la mare and almost all the knights ( which plaid their parts so well in the good parliament for the increase of their country , and benefit of the realme ) resuming their petitions , caused alice piers ( who contemning the act of parliament , and the oaths wherewith she had bound her self , presumed to enter the kings court , to perswade and impetrate from him whatsoever she pleased ) to be banished , and all her movables and immovables to be confiscated to the king , notwithstanding she had corrupted with mony , divers of the lords and lawyers of england , to speak not only privately , but publikely in her behalfe . q in the . yeare of richard the d , william courtney bishop of london ▪ edmond mortymer earle of march , and many others of whom the common-people had the best opinion , being good , wise , and famous men , were by publike consent appointed councellours and regents to the king , being but young : and this yeare henry piercie earle of northumberland resigning his marshalls rod , iohn de arundel , was made marshall in his place . in the r third yeare of richard the second in a parliament at london the commons petitioned , that one of the barons , who knew how to answer forraigners wisely , and might be mature in manners , potent in workes , tractable and discreete , to be the kings protector . electus est ergo , commvni sententia , &c. hereupon thomas beauchamp earle of warwicke , was elected by common consent in parliament , lord protector , that he migh con●inually abide with the king , and recei●e an honorab●e anuall stipend out of the kings exchequer for his paines : and those bishops , earles , barons , and iudges assigned to be the kings counsell and gardians the yeare before , were upon the commons petition this parliament removed , because they spent much of the kings treasure , & nullum , a●t modicum fructum protulerunt . in this parliament sir richard scrope , resigned his office of lord chauncellour , and simon de sudbu●y , archbishop of canterbury ( contrary to his degree and dignity , as many then cryed out ) was substituted in his place . in a parliament at london in the fifth yeare of king richard the second , sir richard sc●ope was againe made s chauncellour , petentibvs hoc magnatibvs et commvnibvs , at the reqvest of the lords and commons , as being a man who for his eminent knowledge and inflexible justice , had not his peere in england , and hugh segrave knight , was then likewise made lord treasurer . t sed quid juvant 〈◊〉 parliamentorum , &c. ( writes walsi●gham of the acts of this parliament , and u speed out of him . ) but to what purpose are acts of parliament , when after they are past , they take no manner of effect , for the king with his privie counsell was wont to change and abolish all things , which by the commons and nobility had beene agreed upon in former parliaments ? for the very next * yeare the king deposed scrope from his chauncellourship , and tooke the seale into his owne hands , ●●aling divers grants , and writings with it as he pleased , and at last delivered the s●ale to richard braybrooke , which walsingha● thus relates . x lord richard scrope knight , qui per regni commvnit atem , et assensvm dominorvm electvm in regni cancellarivm , was in those dayes put from his office of chancellor , which he had laudably , and prudently administred . the cause of his removall was , his peremptory resistance of the kings will , who desired to impoverish himselfe , to exalt strangers . for certaine knights and esquires of inferiour ranke , being the kings servants , begged of the king certaine lands , and the demeasnes of such as dyed , during such time as by the custome of the kingdome , they ought to remaine in the kings hands . the king being a child , without delay granted their requests , and sending them to the chancellor , commanded him to grant them such charters under the great s●ale , as they desired : but the chauncellor , who ardently desired the benefit of the realme , and the kings profit , plainely denyed their requests ; alleaging that king was much endebted , and that he had neede retaine such casualties to himselfe to helpe discharge his debts . that those who knew in what debts the king was obliged , were not faithfull to the king , whiles they minded more their owne avarice than the kings profit , preferring their private gaine before the publicke necessities . wherefore they should desist from such requests , and be content with the kings former gifts , which were sufficient for them . and that they should know for certaine , that he would neither make nor seale any such charters of ●●nfirmation to them , of such donations of the king , who was not yet of full age , 〈◊〉 hee should herea●●●r receive ill thankes from him . whereupon these petitioners returning from the chancellour , inform the king ; that the chauncellors minde was obstinate , and that he would doe nothing at his command , but rather contemne his royall m●ndate ; that the king ought with due severity , speedily to curbe such an unbrideled disobedience , or else it would quickly come to passe , that the kings honour would grow contemptible among his subjects , and his command be of no value . the king therefore who understood as a childe , more regarding the false machinations of detractors , then the faithfull allegations of his chauncellour , in a spirit of furie sends some to demand his seale of him , and to bring it to himselfe . and when the king had sent againe and againe by solemne messengers , that he should send the seale to him ; the chauncellour answered thus ; i am ready to resigne the seale , not to you , but to him who gave it me to keepe , neither shall there be a middle bearer betweene me and him , but i will restore it to his hands , who committed it to mine owne hands not to others . and so going to the king ; here delivered the seale , promising that he would ( as he had hitherto ) be faithfull to the king ; yet denyed that he would hereafter be an officer under him . and then the king receiving the seale did for many dayes what he listed , unt●ll master robert braibrooke bishop of london had undertaken the office of chancellour . when not onely the nobility of the kingdome , but the commonalty likewise heard , that the king contrary to the custome of the kingdome had captiously deposed the chauncellour , whom all the nobilitie of the kingdome with the suffrage of all the commons had chosen , they were exceedingly moved with indignation . yet no man durst speake openly of the matter , by reason of the malice of those about the king , and the irrationall youth of the king himselfe : and so the benefits of the king and kingdome were trodden under foote by the countenance of the kings indiscretion , and the malice of those inhabiting with him . in the ninth y yeare of king rich●rd the second michael d● la p●le earle of suffolke for grosse abuses , bribery , and treason , was put from his chauncellourship , fined . markes to the king and condemned to dye : haec autem omn●a quanquam summe regi placuisse d●buerant maximè displicebant , adeò fideb●t infideli , adeo coiuit nebulonem . insomuch that the king and his familiars plotted to murther the knights of the parliament who most opposed the subsidie he demaunded , and the said michael , together with the duke of glocester at a supper in london to which they should be invited , thinking by this meanes to obtaine their wills : but the duke and they having timely notice thereof , and richard exton then major of londo● , freely telling the king when he was called to assent to this villany , that he would never give his consent to the death of such innocents ( though sir nicholas bramber major th● yeare before had thereto assented ) this wickednesse was p●ev●nted : and being made publicke to all the inhabitants in the city and parts adjoyning ; from thenceforth the hatred of such counsellors , and love of the duke and fores●yd knights encreased among all men . and the duke and knights with greater constancie and courage opposed de la pole ; and z after many delayes , the king full ●ore against his will , was compelled to give a commission of oye● & terminer to the duke of glocest●r , and ●i●hard earle of arundell , to heare and determine the businesses and complaints against de la pole , and all others which the knights of the parliament had accused , who gave judgement of death against them ; and thomas arundell bishop of ely , was m●de chauncellour by the parliament , in de la poles place , and the bishop of durham removed from his lord treasurership , with which he was much enamoted , ( taking much p●ines and being at great cost to procure it ) and 〈◊〉 gilbert bishop of herefo●d ( qui plus li● gua quam fide vigebat ) was su●roga●ed in 〈…〉 but this parliament ending , the king immediately received de la pole , ( whom * walsingham stiles , p●rfidiae promptuarium , senti●a avaritiae , aur●ga proditionis , archa malitiae , odii seminator , mendacii fabric tor , susurro nequiss●mus , dolo p●aestantiss mus , artificiosus detractor , pat●iae del●to● , consiliarius nequam , meritò perfi us , euomens spiritum in terra p●regrina ) together with the duke of ireland , and alexander n●vell archbishop of yorke , into his court and favour , who laboured night and day to incense the king against the lords , and to annull the acts of this parliament ; by which meanes the kings hatred towards his nobles and naturall faithfull people increased every day more and more ; these ill councellors whispering unto him , that he should not be a king in effect , but on●ly , in sh●dow , and that he should enjoy nothing of his owne , if the lords shou●d keepe t●eir received power . the king therefore beleeving them , from thenceforth suspected all the nobles , and suffered these ill councellors and their confederates to w●st his revenues and oppress● his people . whereupon the a next yeare following , a parliament being summoned , the lords and commons by reason of great and horrible mischeifes , and perils which had hapned to the king and the realme aforetime , by reason of evill councellors and governance about the kings person by the foresaid archbishop of yorke , robert de vere duke of ireland , de la pole , robert trisil●an lord chiefe iustice of england , sir nicholas brambre and other their adherents , who wasted demished and destroyed the goods , treasure and substance of the crowne , oppres●sed the people dayly with importable charges , neglecting the execution of the good lawes and customes of the realme , so that no full right nor justice was done , &c. whereby the king and all his realme were very nigh to have beene wholy undone and destroyed ; for these causes , and the eschewing of such like perills and mischeiefes to the king and realme for time to come , displaced and removed these ill councellors ; and at their request , a new chauncellor , treasurer , and privie seale were ordained in parliament , even such as were held good , sufficient and lawfull to the honour and profit of the king and his rea●me . and by advise and assent o● the lords and commons in parliament in ayde of good governance of the realme , for the due executi us of good lawes , and the reliefe of the kings and his peoples ●tates in time to come , a speciall c●mmission under the great seale of england ( confirm●d by the statute of . r. . c. . ) was granted to both archbishops , the dukes of yorke and glocester ( the kings vncl●s ) th● bishops of worcester and exetor , the abbot of waltham , the earle of arundle , the lord cobham , and others , to be of the kings great & continvall covnsell for one yeare then next following ; to survey and examine with his sayd chauncellor , treasur●r , and keeper ●f the privie ●●ale , as well the estate and government of his house , as of all his courts and places , as of all his realme , and of all his officers and ministers of whatsoever estate as well within the house as without to inquire and take information , of all rents , revenues , profits due to him in any man●er within the realme or without , and of all manner of gifts , gran●s aliena●ions or confirmations made by him of any land , tenements , rents , anuities profi●s , revenues , wards , marriages , ( and infinite other particulars specified in the b act ) and of all kinde of oppressions , offenses and dammages whatsoev●r don● to t●e king or his people ; and them finally to heare and determine . and that no man should councell the king to repeale this commission ( though it tooke no effect ) under paine of forfaiting all his goods and imprisonment during the kings pleasure . no sooner was this parliament dissolved , but this unhappie seduced king , by the instigation and advise of his former ill councellors ; endeavours to nullifie this commission as derogatory to his royall power , and sending for his iudges and councell at law to not●ingham castle , caused them to sub●cribe to sundry articles tending to the totall subversion of parliaments ; causing the duke of gloc●ster and other lords who procured this commission to be indighted of high treason , to which inditements the iudges being over-awed with feare , d set their hands and seales ; for which illegall proceedings destructive to parliaments , by . r. . c. to . these ill pernicious councellours and iudges were attainted and condemned of high treason , put from their offices , their lands confiscated , many of them executed , the residue banished , and above . other knights , gentlemen , and clergie men who mis-councelled the king , imprisoned , condemned and banished the court , as the statutes at large in . & . r. . and our historian● in those yeares more copiously manifest . in . r. . c. . there was this notable law enacted ( which * sir edward cooke affirmes , is worthy to be writ in letters of gold , and worthier to be put in due execution . for the universall wealth of all the realme , it is enacted ; that the chauncellor , treasurer , keeper of the privie seale , steward of the kings house , the kings chamberlaine , clarke of the rolls , the iustices of the one bench and other , barons of the exchequor , and all other that shall be called to ordaine , name , or make iustices of peace ( which whether the lord keeper alone can make or unmake without consent of all these , or put out of commission without just cause and conviction , now commonly practised ; is a considerable question upon this and other statutes : ) sheriffes , escheators , customers , controllers , or any other officer or minister of the king , shall be firmely sworne , that they shall not ordaine , name or make iustices of peace , sheriffe , escheator , customer , controller or other officer or minister of the king , for any gift or brocage , favour or affection ; nor that none which pu●sueth by him , or by other privily or apertly to be in any manner office , shall be put in the same office , or in any other . but that they make all svch officers and ministers of the best & most lawfvll men & svfficient to their estimation and knowledge . which most excellent law ( with t others of like nature ) still in force , were it duly executed , there would not be so many corrupt officers of all these sorts in the kingdome , as now swarme in every place . from which act i shall onely make these . inferences . first , that if so great a care ought to be had in the choyce of these under-officers ; then certainely farre more of the grand officers and iudges of the kingdome . secondly , that if it be no disparagement to the kings honour , or prerogative for these gre●t officers of the realm to ordain , name , and make iustices of peace , sheriffes , and other under officers of the king , wi●hout the kings privitie , as oft times they doe ; then by the same or greater reason , it can be no diminotion of his honour or prerogative royall , for the parliament , ( which is best able to judge of mens abilities and honesties ) to have power onely to nominate or recommend to the king , such as they know to be the best , most lawfull and sufficient men , for the highest state offices and places of iudicature , when they becomevoyd . not to trouble you with any more presidents in this kings raigne , recorded in story ; i shall close them up with one or two more upon record . in the parliament of . r. . * the c●ancellor having declared the causes of summons , and among others , the great st●aights the king was in for want of money ; so that he had at that time nothing in his treasury , but was grea●ly endebted &c. he p●ayed the parliament ●o advise , how , and after what manner he m●ght be relieved , not onely for his owne safety , but for the safetie of them all , and of the r●alme . to which the commons after they were advised of the●r said charge returned this answer to the king in parliament by their ▪ speaker , in name of the whole commons . that the said commons are of opinion , that if their liege soveraigne had beene well and 〈◊〉 governed in his expences , spent 〈◊〉 the realme and elsewhere , he now had had no neede of their aid , by charging the 〈…〉 , whom they imagined to be now more poore and indigent , then ever they were before ▪ wherefore they pray , that the prelates , and other lords of the kings continuall councell , who have a long time travelled in the said affaires , be vtterly discharged , to their great ease , and in disc●arge of the king from their custodies ; and that no such counsellors should be retained about ●he king , in rega●d that our lord the king is now of good discretion , and ●f a goodly stature , having respect to his age , which is now neare the age of his noble grandfather , at the time of his coronation ; who had no other counsellors at the beginning of his raigne , but onely the five accustomed principall officers of his realme . they further pray , that in this parliament these five principall officers may bee elected and chosen out of the most sufficient men within the realme , who may be tractable , and who may best know , and execute their offices ; that is to say , the chancellor , treasurer , keeper of the privie seale , chiefe chamberlaine , and steward of the kings house ; and that these so chosen , ( of whose names and persons the commons will be asc●rtained this parliament ) for their greater comfort and aide to execute the businesse of the king , shall have it therein declared , that they shall not be removed before the next parliament , unl●sse it be by reason of death , sicknesse , or other necessary cause . and they likewise pray for remedy of default ●f the sa●d government , if there be any on that party , that a sufficient and generall commission may be made , the best that may be devised , to certaine prelates , lords , and others , of the most sufficient , lawfull , and wise men of the realme , of england , diligently to survey and examine in all the courts and places of the king , as well within his owne house as elsewhere , the estate of the said house , and al expences and receits whatsoever made by any of the ministers , or any officers of th● realme , and of oth●r his seignori●s and lands , as well on this side , as ●eyond the s● as , from the kings coron●tion till this pr●s●nt ; so th●t if there be a●y default bee found by the said examination in any m●nner , by negligence of officers , or oth●rwise ; ●he said commissioners shall certifie them to our l●r● the king , to have them amended and corrected , to the end● that our lo●d the king may be honourably governed within his realm , as b●longe●h to a king to be governed , and may be able with his owne r●veneues to support the charge of his expences , and to defend the realme on every part , and defray the other charges above named . which petition and commission the king accordingly granted . in the parliament of . r . an. . * ioh● duke of lancaster , by assent of all the estates of parliament , was created duke of aquitaine , for his life , by king richard his nephew ; the words of whose patent ( printed at large in master seldens titles of honour ) runne thus . de assensu praelatorum , ducum mag●●tum & alio●um pro●erum , & communitatis regni nostri angliae , in instanti parliamento nostro apud west monasterium conv●cato existentiu● ; te● praedelectissimum patrium no strumin dvcem aqvitaniae , cum titu●o , stilo , ac nomin● & honore eidem debitis praefi●im●● , ac inde praesentiali er per ●ppositio 〈◊〉 cappae 〈◊〉 capi●i , ac traditionem virgae aureae i●vestimus , &c. toto tempo●e vi●ae tuae possid●ndum &c. giving him power thereby , to coine what gold and silver money he pleased , nobili a●d●●tiam personas ignobiles , senescallos , iudices , capita●cos , consules , 〈…〉 , proc●ratores , recep●ores , & quoscunque officiarios , alios creandi , 〈…〉 & ponendi , in singulis locis ducatus praedicti , & quand● opus erit , inflitutos & 〈…〉 officiarios autedictos amovendi , & loco amotorum alios subrogandi , &c. heere ● 〈…〉 the title , ho●●ur of a duke , and dukedome in france , given by the 〈◊〉 of england , as king of france , by assent and authority of a parliament in 〈…〉 captaines , and all other officers , within that dukedome . in the parliament rolls of . h. . num . . the commons petitioned the king , that for the safety of himselfe , as likewise for the safety of all his realm● , and of his lieges , by advise of his sage covnsell , h●e would ordaine svre ( or trusty ) and svfficient captaines and gardians of his castles and fortresses as well in engla●d as in wales , to prevent all perills . ( the very petition in effect that this parliament tendered to his majestie touching the militia , ) to which the king readily gave this answer , le roy le voet . the king wills it . in the same rol. num. . the commons likewise petitioned ; that the lords spirituall and temporall shall not be received in time to come , for to excuse them ; to say ; that they durst not to doe , nor speake the law , nor what they thought for dovbt of death , or that they are not free of themselves , because they are more bound under paine of treason to keepe their oath , then to feare death or any fo●feiture . to which the king gave this answer . the king holds all his lords and iustices for good , sufficient and loyall ; and that they will not give him other counsell or advise , but such as shall be honest , iust , and profitable for him , and the realme . and if any will complaine of them in speciall , for the time to come , of the contrary ; the king will reforme and amend it . whereupon we finde they did afterwards complaine accordingly , and got new privie counsellors , chosen and approved in parliament , in the th yeare of this kings raigne , as we shall see anone . and in the same parliament , num. . i finde this memorable record to prove the king inferiour to , and not above his laws to alter or infringe them . item , whereas at the request of richard , la●e king of england , in a parliament held at winchester , the commons of the said parliam●nt granted to him , that he should be in as good libertie , as his progenitors before him were ; by which grant the said king woul● say ; that he might turne ( or change ) the lawes at his pleasure , and caused them to be changed against his oath ; as is openly known in divers cases : and now in this present parliament , the commons thereof of their good assent and free will , confid●ng in the nobility , high discretion , and gracious government of the king our lord , have granted to him , that they will he should be in as great royall liberty as his noble progenitors were before him ; whereupon our said lord , of his royall grace , and tender conscience , hath granted in full parliament ; that it is not at all his intent nor will , to change the lawes , statutes , nor good usag●s , nor to to take other advantage by the said graunt ; but for to keepe the ancient lawes and statutes ordained and used in the time of his noble progenitors , and to doe right to all people in mercy and trvth , * according to his oath : which he thus ratified with his royall assent . le roy le voet . by which record it is evident : first , that the kings royall authority , and prerogative is derived to him , and may be enlarged or abridged by the commons , and houses of parliament , as they see just cause . secondly , that king richard the second , and henry the fourth , tooke and received the free use and libertie of their prerogatives , from the grant of the commons in parliament ; and that they were very subject to abuse this free grant of their subjects to their oppression and prejudice . thirdly , that the king by his prerogative when it is most free by his subjects grant in parliament ; hath yet no right nor power by vertue thereof to change or alter any law or statute ; or to doe any thing at all against law , or the subjects rights and priviledges , enjoyed in the raign●● of ancient kings : therefore no power at all to deprive the parliament it selfe , of this their ancient undubitable oft-enjoyed right and priviledge , to elect lord chancellors , treasurers , privie seales , chiefe iustices , privie counsellors , lord lieutenants of counties , captaines of castles and fortresses , sheriffes , and other publike officers , when they see just cause to make use of this their right and interest for their owne and the kingdomes safety , as now they doe ; and have as much reason to doe , as any their predecessors had in any age , when they behold so many papists , malignants up in armes , both in england and ireland , to ruine parliaments , religion , lawes , liberties , and make both them and their posterities meere slaves and vassalls to forraigne and domesticke enemies . in the . yeare of king henry the th . rot. parl. num● . . art c. . the commons in parliament petitioned this king : first , that it would please the king to ordaine and assigne in this parliament , the most valiant , sage , and discretest lords spirituall and temporall , of his realme , to be of his covnsell , in aide and supportation of the good and substantiall government , and for the weale of the king , and of the realme ; and the said lords of the counsell , and the iustices of the king should be openly sworne in that present parliament , to acquit themselves well and loyally in their counsels and actions , for the weale of the king , and of the realme in all points , without doing favour to any maner of person for affection or affinity . and that it would please our lord the king in presence of all the estates in parliament , to command the said lords and iustices upon the faith and allegiance they owe unto him , to doe full iustice and equall right to every one without delay , as well as they may , without ( or notwithstanding ) any command , or charge of any person to the contrary . to which the king gave this answer , le roy le voet h after which the second day of may , the commons came before the king and lords in parliament , and there prayed , to have connusance of the names of the lords which shall be of the kings continuall counsell , to execute the good constitutions and ordinances made that parliament . to which the king answered , that some of the lords he had chosen and nominated to be of his said counsell had excused themselves , for divers reasonable causes , for which he held them well excused ; and as to the other lords , whom hee had ordained to be of his said counsell ; their names were these : mounsier the prince , the bishop of w●nchester , the bishop of duresme , the bishop of bath , the earle of arund●● , the earle of westmerland , and the lord burnell . and here upon the prince in his owne name , and of the other forementioned lords , prayed to be excused , in case they could not finde sufficient to support their necessary charges ; and that notwithstanstanding any charge by them accepted in this parliament , that they may be discharged in the end of the parliament , in case nothing shall be granted to support their foresaid charges . and because the said prince should not be sworne , by reason of the highnesse and excellency of his honourable person , the other lords and officers were sworne , and swore upon the condition aforesaid , to go●erne and acquit themselves in their counsell well and faithfully , according to the tenour of the first article delivered among others by the said commons ; and likewise the iustices of the one bench and other , were sworne , and tooke an oath to keepe the lawes , and doe iustice and equall right , according to the purport of the said first article . i and on the . of may , being the last day of the parliament ; the commons came before the king and the lords , and then the spea●er , in the name of the said commons , prayed the king , to have full conusance of the names of the lords of his counsell ; and because the lords who were named before to be of the said counsell had taken their oathes upon certaine conditions as aforesaid , that the same lords of the counsell should now be newly charged and sworne without condition . and hereupon the prince prayed the king , as well for himself , as for the other lords of the counsell ; that forasmuch as the bishop of durham , and earle of westmorland , who are ordained to be of the same counsell , cannot continually attent therein , as well for divers causes as are very likely to happen in the marches of scotland , as for the enforcement of the said marches , that it would please the king to designe other lords to bee of the same counsell , with the lords before assigned . and hereupon the king in fvll parliament assigned the bishop of saint davids , and the earle of warwicke to be of his said counsell , with the other forenamed lords , and that they should bee charged in like manner as the other lords without any condition . a notable president ; where all the kings privy counsell are nominated and elected by him in full parliament ; and their names particularly declared to the commons before they are sworne , to the end that they might except against them , if there were just cause ; who in their petition and articles to the king , expresse in generall , what persons the king should make choise of for his counsellors , and iudges , and what oathes they should take in parliament before they were admitted to their places . which was as much or more , as this parliament ever desired , and the king may now with as much honour and iustice grant , without any diminution of his prerogative , as this magnanimous , victorious king henry did then , without the least deniall or delay . in the fi●t k yeare of king henry the fift , this king undertaking a warre with france , by advise and consent of his parliament ; as honourable to the king , and profitable to the kingdome ; to●which war they liberally contributed : iohn duke of bedford was in and by that parliament made governovr and regent of the realme , and head of the common-wealth ; which office he should enjoy as long as the king was making warre on the french nation ; the summons of which parliament issued out by this duke in the kings name . see h. . c. . in the patent rolls of . hen. . ● . pars mem . . the king grants to iohn duke of exceter , the office of admirall of england , ireland , and aqultain , which grant is thus subscribed , per breve de privato sigillo ; avctoritate parliamenti ; so that hee enjoyed that office by apointment and authority of the parliament ; which was no set standing office ; nor place of great honour in former ages , when there were many admiralls in england , designed to severall quarters , and those for the most part annuall , or but of short continuance , not for life , as sir henry spelman , shewes at large in his glossarie : title admirallus , to whom i referre the reader , and title heretoc●us ; which heretochs ( elected by the people ) had the command of the militia of the realme , by sea and land ; and this word heretoch in saxon , signifying properly a generall , captaine , or leader ; as you may see there , and in master selden● , titles of honour , pag. . . and sometimes , though more rarely , an earle , count , or nobleman , earlederman , or prince , hengist and horsa being called heretogan , in a saxon annall . in l the . yeare of king henry . ( being but . months old when the crowne descended ) the parliament summoned by his father henry the . ( as walsingham writes ) was continued ; in which by assent of all the states , humfry duke of gloucester , was elected and ordained defnder and protector of england in the absence of his elder brother the duke of bedford ; and all the offices and benefices of the realm were committed to his disposall . in this parliament ( a strange sight never before seen in england ) this infant king , sitting in his queen mothers lap , passed in majestick manner to westminster , and there tooke state among all his lords , before he could tell what english meant , to exercise the place of soveraigne direction in open parliament then assembled , to establish the crowne upon him . in the parliament rolls of the . yeare of this king , i finde many notable passages pertinent to the present theme , of which ( for their rarity ) i shall give you the larger account . numb . . there is a commission in this infant kings name directed to his vncle humfrey duke of gloucester , to summon and hold this parliament in the kings name and stead , and commanding all the members of it , to attend the said duke therein : which commission being first read ; the archbishop of canterbury taking this theame ; the princes of the people are assembled with god ; declares . causes for which this parliament was principally summoned . . for the good governance of the person of the most excellent prince the king. . for the good conservation of the peace , and the due execution and accomplishment of the lawes of the land . . for the good and safe defence of the realme against enemies . . to provide honourable and discreet persons of every estate , for the good governance of the realme , according to iethro his counsell given to moses , &c. which speech ended , numb . . , , , . the receivers of all sorts of petitions to the parliament are designed , and the speaker of the house of commons presented and accepted . numb . . the lords and commons authorize , consent to , and confirme the commission made to the duke in the infant kings name , to summon and hold this parliament , ( so that they authorize and confirme that very power by which they sate : ) with other commissions made under the great seale to iustices , sheriffes , escheators , and other officers , for the necessary execution of iustice. numb . . and . the bishop of durham , late chancellour of england to henry the . deceased ; and the bishop of london chancellour of the dutchy of normandy , severally shew , that upon king henry the . his decease they delivered up their severall seales , after their homage and fealty first made , to king henry . in the presence of divers honourable persons , ( whom they name particularly ) desiring the lords to attest their surrender of the said seales at the time and place specified , which they did ; and thereupon they pray , that a speciall act and entry thereof may be made in the parliament rolls for their indemnity ; which is granted and entred accordingly . numb . . it was enacted and provided by the said lord commissioner , lords and commons ; that in as much as the inheritance of the kingdomes and crownes of france , england , and ireland , were now lawfully descended to the king , which title was not expressed in the inscriptions of the kings seales , whereby great perill might accrue to the king , if the said inscriptions were not reformed according to his title of inheritance , that therfore in all the kings seales , as well in england as in ireland , guyen , and wales , this new stile should be engraven , henricus dei gratia , rex franciae & angliae , & dominus hiberniae , according to the effect of his inheritances ; blotting out of them whatever was before in them superfluous or contrary to the said stile ; and that command should be given to all the keepers of the said seales of the king to reforme them without delay , according to the forme and effect of the new seale aforesaid . numb . , duke humfrey the kings commissary , and the other spirituall and temporall lords being sate in parliament , certaine knights sent by the speaker and whole house of commons came before them , and in the name and behalfe of the said commonalty requested the said duke , that by the advise of the said spirituall and temporall lords , for the good government of the realme of england , he would be pleased to certifie the said commons , to their greater consolation , what persons it would please the king to cause to be ordained for the offices of chancellor and treasure of england , and keeper of his privie seale : vpon which request so made , due consideration being had , and full advise taken ; and the sufficiency of those persons considered , which deceased king henry the kings father now had in his descretion assigned to those offices as fitting enough : the king following his fathers example and advise , by the assent of the said lord duke his commissary , and of all and every one of the lords spirituall and temporall , hath nominated and ordained anew , the reverend father , thomas bishop of durham to the office of his chancellour of england , william kinwolma●sh clerk to the office of treasurer of england , and mr. iohn stafford to the office of the keeper of the privie seale . and hereupon the king our lord willeth by the assent and advise aforesaid , that 〈◊〉 well to the said chancellor of england , as to the said treasurer of england , and to the said keeper of his privie seale for the exercise of the said offices , severall letters patents should be made in this forme : hen●icus dei gratia rex angliae & franciae & dominus h●berniae , omnibus ad quos presentes lite●ae pervenerint 〈◊〉 . sciatis quod de avisamento et assensv totivs consilii nostri in praesenti parliamento nostro existentes , constituimus venerabilem patrem thomam episcopum dunelmensem , cancellarivm nostrum angliae ; dant●s & concedentes de avisamento et assensv praedictis eidem cancellario nostro , omnes & omnimodas auctoritatem & potestatem adomnia ea & fingula quae ad officium cancellarii angliae , de jure sive consuetudine pertinent , seu quovis tempore pertinere consueverunt , &c. the like patents verbatim , are in the same role ( mutatis mutandis ) made to the said treasurer of england and keeper of the privy seale . after which , the said duke , by advice and assent of the lords spirituall and temporall sent the archbishop of canterbury , the bishops of winchester and wor●ester , the duke of excester , the earle of warwicke , the lords of ferrers and talbot , to the commons , then being in the commons house , and notified to the commonalty by the said lords , these officers to be nominated and ordained to the foresaid offices in forme aforesaid . vpon which notice so given the said commons were wel contented with the nomination and ordination of the foresaid officers so made , rendring many thanks for this cause to our lord the king , and all the said lords , as was reported by the said lords in the behalfe of the commons in the said parliament . numb . . the liberties , annuities and offices granted by king henry the . and his ancestors to souldiers in forraigne parts , are confirmed by parliament , and their grants ordered to be sealed with the kings new seales without paying any fine . numb . . henry the . his last will and the legacies therein given , are confirmed by the kings letters patents , with the assent of the lords and commons in parliament . numb . . a subsidy is granted to be imployed for the defence of the realme of england , to which end the lord protectour promiseth it shall be diligently imployed . numb . . and . the king by assent of all the lords spiritual . and temporall , wills and grants , that his deare vncle the duke of gloucester shall have and enjoy the office of the chamberlaine of england , and of the constableship of the castle of gloucester from the death of the kings father , so long as it shall please the king , with all the fees , profits and wages thereunto belonging , in the same manner as they were granted to him by his father . numb . . the . day of this parliament , the tender age of the king being considered , that he could not personally attend in these dayes the defence and protection of his kingdome of england , and the english church ; the same king fully confident of the circumspection and industry of his most deare vncles , john duke of bedford , and humfrey duke of gloucester , by assent and advice of the lords as well spirituall as temporall , and likewise of the commons in this present parliament , hath ordained and constituted his said vncle duke of bedford , now being in forraigne parts protector and defender of his kingdome , and of the church of england , and principall covnsellor of our lord the king ; and that he shall both be and called protector and defendor of the kingdome , and the principall councellor of the king himselfe after he shall come into england , and repaire into the kings presence ; from thenceforth , as long as he shall stay in the kingdome ; and it shall please the king. and further , our lord the king by the fores aid assent and advice , hath ordained and appointed in the absence of his said vncle the duke of bedford , his foresaid vncle the duke of gloucester now being in the realme of england , protector of his said realme and church of england , and principall covnsellor of our said lord the king ; and that the said duke shall be , and be called protector and defendor of the said realm and chvrch of england , and that letters patents of the lord the king shall be made in this forme following : henrious dei gracia , &c. scitatis quod in adeotenera aetate constituti sumus , quod circa protectionem & defensionem regni nostri angliae & ecclesiae anglicanae personaliter attendere non possumus in presenti : nos de circumspectione & industria charissime avunculi nostri johannis ducis bedfordiae , plenam fiduciam reportantes , de assensv et avisamento tam dominorvm qvam de assensv commvnit atis dicti regni angliae in instanti parliamento existentium , ordinavimus & constituimus ipsum avuneulum nostrum , dicti regni nostri angliae & ecclesiae anglicanae protectorem et defensorem , ac consiliarivm nostrvm principalem ; & quod ipse dicti regni nostri angliae & ecclesiae anglicanae protector & defensor , ac principalis consiliarius noster sit , & nominetur , in & juxta vim formam & effectum cujusdam articuli in dicto parliamento die datus pr●sentium habiti et concordati : proviso semper , quod praefatus avunculus noster , nullum habeat aut gerat vigore praesentium potestatem , nec sicut praefatur nominotur , nisi pro tempore quo praesens hic in regno nostro angliae fuerit , & provt in praedicto acto continetvr . quodque carissimus avnculus noster dux glocestriae , nobis in agendis dicti regni negotiis post ipsum avunculnm no strum ducem bedfordiae principalis consiliarivs existat et nominetvr , quotiens & quando praefatum avunculum nostrum ducem bedfordiae infra regnum mostrum angliae mor aricontingat . confidentes insuper ad plenum de circumspectione & industria praedicti avunculi nostri ducis glocestriae de assensv et avisamento praedictis , ordinavimus & constituimus ipsum avunculum nostrum ducem glocestriae , dicto regno nostro , angliae jam praesentem , dicti regni nostri angliae & ecclesiae , anglicanae protectorem et defensorem , necnon consiliarivm nostrvm pricipalem , quociens & quando dictum avunculum nostrum ducem bedfordiae , extra regnum nostrum angliae morari & abesse centingat . et quod ipse avunculus noster dux glocestriae protector & defensor regni nostri angliae , & ecclesiae anglicanae , & principalis consiliarius noster sit et nominetvr ivxta vim formam & effectvm articvli praedicti . proviso semper , quod praefatus avuneulus & dux glocest nullum gerat aut habeat vigore praesentium potestatem , vel ut praefertur nominetur , nisi pro tempore quo praesens hic in regno nostro angliae fuerit in absentia dicti avunculi nostri ducis bedford . & prout in predictio articulo continetur . damus autem universis & singulis archiepiscopis , episcopis , abbatibus , prioribus , ducibus , comitibus , baronibus , militibus , & omnibus aliis fidelibus nostris dicti regni nostri angliae quorum interest , tenore praesentium firmiter in mandatis , quod tam praefato avunculo nostro duci bedford● quociens & quand● protectionem & defensionem hujusmodi sic habuerit & occupaverit , quam praefato avunculo nostro duci glocestriae , quociens & quando ipse consimiles protectionem & defensionem habuerit & occupaverit in premissis faciendis , pareant obediant & intendant prout decet . in cujus reitestimonium &c. which act and commission thus made , and the tenour of them being recited before the said duke of gloster , and spirituall and temporall lords ; the said duke having deliberated thereupon , undertook , at the request of the said lords , the burthen and exercise of his occupation , to the honour of god , and profit of the king and kingdome . protesting notwithstanding , that this his assumption or consent in this part should not any wayes prejudice his foresaid brother , but that his said brother at his pleasure might assume his burthen of this kinde , and deliberate and advise himselfe . numb . . it is ordered by this parliament , what under offices and benifices the lords protectors should conferre , and in what manner . numb . . after the lords and commons in parliament had setled and ordained the protectors in forme aforesaid , at the reqvest of the said commons , there were , by advise and assent of all the lord' 's certaine persons of estate , as well spirituall as temporall , named and elected to counsell and assist the governance ; whose names written in a small scedule , and read openly , were these ; the duke of glocester , the archbishop of canterbury , the bishops of london , winchester , norwich , worcester ; the duke of excester , the earles of march , warwick , marshall , northumberland , westmerland ; the lord fitz-hugh , mr. h●gh crumbwell , mr. walter hungerford , mr. iohn tiptof● , mr. walter beauchamp . numb . . these persons thus named and chosen covnsellors and assistants , after this nomination and election , condiscended to take such assistance to the governme●t in manner and forme contained in a paper scedule written in english , with their names thereto , containing five speciall articles , delivered in parliament by the said persons chosen counsellors assistants , of which scedule this is the tenure . the lords abovesaid , been condiscended to take it upon them , in manner and forme that sueth : first , for as much as execution of law and keeping of peace start much in iustice of peace , sheriffs and escheators , the profits of the king , and revenues of the realme , been yearly encreased , and augmented by customers , controllers , prisers , seachers , and all such other offices ; therefore the same lordswoll and desireth , that such officers , and all other be made , by advise and denomination of the said lords , saved alwayes and reserved to my lords of bedford and of glocester , all that longeth unto them , by a speciall act , made in parliament ; and to the bishop of winchester that hee hath granted him by our soveraigne , lord that last was , and by authority of parliament confirmed . numb . . item , that all manner wards , mariages , farmes , and other casualties that longeth to the crown , when they fall , be letten , sold , and disposed by the said lords of the counsell ; and that indifferently at dearest , without favour , or any manner partiality or fraud . numb . . item , that if any thing should be enact done by counsell , that six o● foure at the least , without officers , of the said counsell bee present ; and in all great matters that shall passe by counsell , that all be present , or else the more party . and if it bee such matter as the king hath be accustomed to be counselled of , that then the said lords proceed not therein without the advice of my ●ord of bedford , or of glocester . numb . . item , for as much as the two chamberlaines of the exchequer bee ordained of old time to controule the receipts and payments in any manner wise maed ; the lordys desireth , that the treasurer of england being for the time , and either of the chamberlaines have a key of that that should come into the recepit , and that they be sworne to fore my lord of glocester , and all the lords of the counsell ; that for no friendship they shall make no man privy , but the lords of the counsell , what the king hath in his treasorie . numb . . item , that the clark of the counsell be charged and sworne to truely enact and write daily the names of all the loras that shall be present from time to time , to see what , how , and by whom any thing passeth . numb . . and after that all the lords aforesaid had read before them the said articles in parliament , and had well considered of them , and fully assented and accorded to them ; the scedule of paper , by certaine of the honorable lords of parliament on behalfe of the king and all the lords in parliament , was sent and delivered to the commons to bee ascertained of their intent : whereupon after the said commons had advised , the said lords repeated in the said parliament , that the commons thanked all the lords , and that they were well contented with all there contained in the said scedule , with this , that to the first of the said articles there should be added one clause of purveiu , which the said lords repeated on the behalfe of the said commons , who delivered it to them in parliament in one parchment scedule written in french , the tenour whereof ensueth . provided alwayes that the lords , and other persons , and officers , which have estate , and authoritie , some of inheritance , some for terme of life , and otherwise , to make and institute , by vertue of their offices , deputy officers , and ministers which appertaine to them to make of right ; and as annexed to them , and to their offices of ancient time accustomed and used ; shall not be restrained nor prejudiced , of that which appertaines to them by colour of this ordinance or appointment . to which parchment scedule , and the contents thereof , read before the lords in parliament , the said lords well agreed and fully consented . numb . . the queen mothers dower formerly agreed , appointed , and sworne to buy all the three estates in parliament in . h. . was now againe , upon her petition , confirmed and setled by this parliament , after her husbands decease . and numb . . pet. . the commons petitioned , that it might then be enacted , that no man nor woman should thenceforth be compelled , nor bound to answer before the counsell or chancery of the king , nor elsewhere , at the suit or complaint of any person for any matter ; for which remedy by way of action was provided by the common law ; and that no privie seale , nor subpoena should issue thence , before a bill were first there exhibited , and also fully allowed by two iudges of the one bench and other , that the complainant for matters and grievances in the said bill could have no action , nor remedy at all by the common law , &c. a good law to prevent the arbitrary proceedings of these courts , which are now too frequent in subverting of the common law . lo here in this parliament , we have a lord protector , chancellor , treasurer , keeper of the privie seale , chamberlaine , privie counsellors , constables of castles , and most other officers of the king elected by parliament ; yea , a commission for calling and holding this parliament , confirmed by this parliament when met ; the kings owne publike feales altered and new made ; a new stile conferred on the king , a kings last will , and a queenes dower , when fallen , confirmed by the parliament , and the privie councell , court of request , and chancery limited by it , without any dimininution of the kings prerogative royall : what injury or disparagement then can it be to his majesties royalties , to have his great officers , counsellers , and judges , thus nominated and regulated in and by parliament at this present ? surely none at all . in the parliament rolls of . h. . num . . i finde a commission granted to john earle of bedford , under the great seale ( which was read in parliament ) to supply the kings place , and power in this parliament , and to doe all that the king himselfe , either might or ought to doe therein ; because the king ( by reason of his minoritie ) could not there personally attend to doe it . numb . . the commons by a petition , lamentably complained of the great discords and divisions betweene certaine great lords , and privie counsellors of the kingdome ; and more especially , betweene the duke of glocester lord protector , and the bishop of winchester lord chanceilor , by which divers inconveniences might happen to the realme , if not speedily accommodated : desiring the duke of bedford , and other lords to accord them ; vpon which the lord tooke a solemne oath to reconcile them , and made an accord betweene them ; which you may read at large in m hall , n holinshed , and o other our historians ▪ and in the parliament rolls , numb , . . on the . day of march , numb . . the bishop of winchester , lord chancellor of england , for certaine causes declared before the lords in parliament , instantly desired to be discharged of his office , which causes they considering of and allowing , he was by the lords discharged from his said office : and the same day in like manner the bishop of bathe , treasurer of england , requested to be freed from his office , which was that day done accordingly . numb . . on the eighteenth day of march , iohn bishop of bathe and wells , late treasurer of england , by vertue of a privie seale directed to him , brought the kings great golden seale , sealed up in a leather bagge , into the parliament , and really delivered it to the earle of bedford , the kings commissary ; who receiving it of the said bishop , caused it to be taken out of the bagge , and to be seene of all , and then to be put into the bagge againe ; who sealing the bagge with his signet , he delivered it to be kept , to the bishop of london , then chancellor of england , by advice and assent of the lords spirituall and temporall , in that parliament . numb . . the king by the advise of the lords spirituall and temporall , and by the assent of the commons in parliament , makes an exchange of lewes de bu●bon , earle of vandosme taken prisoner at the battell of agencourt , for the earle of huntingdon , taken prisoner by the french ; releasing the said earle vandosme of his ransome , and oath . numb . . the duke of bedford , constable of the castle of berwicke , petitioned , that the king , by avthority of parliament ( in regard of his absence from that charge , by reason of his continuall imployments in the kings service in france , and elsewhere ) might license him , to make a lieutenant under him to guard that castle safely : vpon which petition , the lords spirituall and temporall granted him power to make a s●fficient lieutenant , such as the kings counsell should allow of ; so as the said lieutenant should finde such reasonable sureties for the safe keeping of the said castle , as the kings counsell should approve . and in this parliament , p by assent of the three estates of england , richard beauchamp earle of warwicke was ordained to be governour of the young king , in like manner as the noble duke of exceter was before appointed and designed ; to execute which charge he was sent for out of france the yeare following . in the three and thirtieth yeare of this kings reigne * richard duke of york was made protector of the realme , the earle of salisbury was appointed to be chancellor , and had the great seale delivered to him ; and the earle of warwick was elected to the captainship of calice , and the territories of the same , in and by the parliament : by which the rule and regiment of the whole realme consisted onely in the heads , and orders of the duke , and chancellor ; and all the warlike affaires and businesse rested principally in the earle of warwick . from which offices the duke and earle of salisbury being after displaced , by ●mulation , envie and jealousie of the dukes of somerset buckingham and the queene , a bloody civill warre thereupon enfued : after which q anno . h. . this duke , by a solemne award made in parliament between henry the sixth and him , was againe made protector and regent of the kingdom . by the statutes of . h. . c. . . h. . c. . and . h. . c. . it is evident , that the power and right of nominating a protector and regent , during the kings minoritie , belongs to the parliament and kingdome ; which by these acts authorized henry the eighth , by his last will in writing , or commission under hi● seale , to nominate a lord protector , in case he died , during the 〈◊〉 of his heire to the crowne ; and the r duke of somerset was made lord protector of the king and realme , during king edward the sixth his nonage , by parliament ; and not to trouble you with any more examples of this kinde , mr. lambard in his archaion , p. . cowell in his interpreter , title parliament , sir henry spelman in his glossarium , tit . cancellarius ( out of matthew westminster , an. . . ) francis thin , and holinshed , vol. . col . . to . . to . and sir edward cook in his institutes on magna charta , f. , . . . . acknowledge and manifest , that the lord chancellour , treasurer , privy seale , lord chiefe iustice , * privy counsellors , heretochs , sheriffs , with other officers of the kingdome of england , and constables of castles , were usually elected by the parliament , to whom of ancient right their election belonged : who being commonly stiled , lord chancellour , treasurer , and chiefe iustice , &c. of england , not of the king , were of right elected by the representative body of the realme of england , to whom they were accomptable for their misdemeanors . seeing then it is most apparent by the premises , that the parliaments of england have so frequently challenged and enioyed this right and power of electing , nominating , recommending , approving all publike officers of the kingdome in most former ages , when they saw iust cause ; and never denuded themselves wholly of this their interest by any negative act of parliament that can be produced : i humbly conceive , it can be no offence at all in them ( considering our present dangers , and the manifold mischiefes of the kingdome hath of late yeeres sustained by evill counsellors , chancellors , treasurers , ●udges , sheriffs , with other corrupt publike officers ) to make but a modest claime ( by way of petition ) of this their undoubted ancient right , nor any dishonour for his maiesty , nor disparagement to his royall prerogative , to condiscend to their request herein , it being both an honour , and benefit to the king to be furnished with such faithfull counsellors , officers , iudges , who shall cordially promote the publike good , maintaine the lawes , and subiects liberties , and doe equall iustice unto all his people , according to their oathes and duties ; unfaithfull and corrupt officers being dangerous , and dishonourable , as well to the king as kingdom , as all now see and feele by wofull experience . in few words ; if the s chancellors , iudges , and other officers power to nominate three persons to be sheriffe in every county annually ( of which his majesty by law is bound to pricke on , ●lse the election is void , as all the * iudges of england long since resolved ) and their authority to appoint t iustices of the peace , escheators , with other under officers in each shire , be no impeachment at all of the kings prerogative , as none ever reputed it ; or if both houses ancient priviledge , to v make publike bills for the publike weale , without the kings appointment , and when they have voted them for lawes , to tender them to the king for his royall assent , be no diminution to his soveraignty : then by the selfe-same reason , the parliaments nomination , or recommendation of counsellors , state-officers , and iudges , to his maiesty , with a liberty to disallow of them if there be iust cause assigned , can be no encroachment on , nor iniury at all to his maiesties royalties ; it being all one in effect , to recommend new lawes to the king for his royall assent , when there is need , as to nominate meet officers counsellors , iudges , to him , to see these lawes put in due execution when enacted . so that upon the whole matter , the finall result will be ; that the parliaments claime of this their ancient right , is no iust ground at all on his maiesties part , to sever himselfe from his parliament , or to be offended with them , much lesse to raise or continue a bloody warre against them . that the king hath no absolute negative voyce in the passing of bills of common right and iustice , for the publike good . the fourth great objection or complaint of the x king , malignants , royallists against the parliament is ; that they deny the king a negative voyce in parliament ; affirming in y some declarations ; that the king by his coronation oath and duty , is bound to give his royall assent to such publike bills of right and iustice , as both howses have voted necessary for the common wealth , or safety of the realme , and ought not to reject them : which is ( say they ) an absolute deniall of his royall prerogative , not ever questioned or doubted of in former ages . to this i answer first in generall . that in most proceedings and transactions of parliament the king hath no casting , nor absolute negative voyce at all ; as namely in z reversing erronious iudgments given in inferiour courts ; damning illegall pattents , monopolies , impositions , exactions , redressing , removing all publike grievances or particular wrongs complained of ; censuring or judging delinquents of all sorts ; punishing the members of either house for offences against the houses ; declaring what is law in cases of difficulty referred to the parliament ( of which there are a sundry presidents . ) in these , and such like particulars , the king hath no swaying negative voice at all , but the houses may proceed and give iudgement , not only without the kings personall presence or assent ) as the highest court of iustice , but even against his personall negative vote or dissassent , in case he be present , as infinite examples of present and former times experimentally manifest beyond all contradiction . nay , not only the parliament , but kings bench , common pleas , chancery , and every inferior court of iustice whatsoever , hath such a priviledge by the common law and b statutes of the realm , that the king himself hath uo negative voice at all somuch as to stay , or delay for the smalest moment by his great or privy seale any legall proceedings in it , much lesse to countermand , controle , or reverse by word of mouth or proclamation , any resolution or judgement of the iudges given in it : if then the king hath no absolute negative overruling voice in any of his inferiour courts ; doubtlesse he hath none in the supre●mest greatest court of all ▪ the parliament ; which otherwise should be of lesse authority , and in farre worse condition then every petty sessions , or court baron in the kingdome . the sole question then in debate must be ; whether the king hath any absolute negative over-ruling voice in the passing of publike or private bills ? for resolving which doubt , we must thus distinguish : that publike or private bills are of two sorts . first , bills only of meere grace and favour ; not of common right : such are all generall pardons , bills of naturalization , indenization , confirmation , or concession of new franchises , and priviledges to corporations , or private persons , and the like ; in all which the king , no doubt , hath an absolute negative voice to passe or not to passe them ; because they are acts of meere grace ( which delights to be ever free and arbitrary , ) because the king by his oath and duty , is no way obliged to assent thereto ; neither can any subjects of justice or right require them at his hands , it being in the kingsfree power , to dispence his favours freely when and where he pleaseth , and c cōtrary to the very nature of free grace , to be either merited or cōstrained . secōdly bills of common right and justice , which the king by duty and oath is bound to administer to his whole kingdome in generall , and every subiect whatsoever in particular without denyall or delay : such are all bills for the preservation of the publike peace and safety of the kingdome ; the liberties , properties , and priviledges of the subiect : the prevention , removall , or punishment of all publike or private grievances , mischiefes , wrongs , offences , frauds in persons or callings ; the redresse of the defects or inconveniences of the common law ; the advancing or regulating of all sorts of trades ; the speedy or better execution of justice , the reformation of religion , and ecclesiasticall abuses , with sundry other lawes , enacted in every parliament , as occasion and necessity require . in all such bills as these , which the whole state in parliament shall hold expedient or necessary to be passed , i conceive it very cleare , that the king hath no absolute negative voyce at all , but is bound in point of office , duty , oath , law , iustice , conscience , to give his royall assent unto them when they have passed both houses , unlesse he can render such substantiall reasons against the passing of them , as shall satisfie both hou●e● . this being the onely point in controversie , my reasons against the kings absolute over-swaying negative voyce to such kinde of bills as these , are : first , because being bills of common right and iustice to the subiects , the denyall of the royall assent unto them is directly contrary to the law of god , which d commandeth kings to be just , to doe judgement and justice to all their subjects , especially to the oppressed , and not to deny them any just request for their reliefe , protection or wellfare . secondly , because it is point-blanke against the very letter of magna charta ( the ancient fundamentall law of the realme , confirmed in at least . parliaments ) ch . . we shall deny , we shall deferre ( both in the future tense ) to no man ( much lesse to the whole parliament and kingdome , in denying or def●rring to passe such necessary publike bills ) ivstice or right , a law which in terminis takes cleane away the kings p●etended absolute negative voyce to these bills we now dispute of . thirdly , because such a disasse●t●ng voyce to bills of this nature , is inconsisent with the very e office , duty of the king , and the end for which he was instituted : to wit , equall and speedy administration of common right , justice , and assent to all good lawes for protection , safety , ease , and benefit of his subjects . fourthly , because it is repugnant to the very letter and meaning of the kings coronation oath solemnly made to all his subiects ; to grant , fvlfill , and defend all rightfvll lawes which the commons of the realme shall chvse , and to strengthen and maintaine them after his power . which clause of the oath ( as i formerly manifested at large , and the lords and commons in their remonstrance of may . and f nov. . prove most fully ) extends onely , or most principally to the kings royall assent to such new rightfull and necessary lawes as the lords and commons in parliament , ( not the king himselfe ) shall make choise of . this is infallibly evident , not onely by the practise of most of our kings in all former parliaments , ( especially in king edward the , , , . rich. . hen. , ▪ and . reignes ) , whereof the first act commonly in every parliament was , the confirmation of magna charta , the charter of the forest , and all other former unrepealed lawes ; and then follow sundry new act● which the lords and commons made choise of as there was occasion , and our kings assented to , ( confessing they were bound to doe it by their coronation oath and duty , as i shall manifest presently : ) but likewise by the words of the coronation oaths of our ancienter kings , already cited in the first part of this discourse ; and of our kings oaths of latter times : the g coronation oaths of king edward the . and . remaining of record in french , are in the future tense . sire , grantes vous a tenir et garder les leys et les coustumes droitvreles les quiels la commvnante de vostre royaume avreslv , & les defenderer et assorcer●r al honeur de di●u a vostre poare ? respons . ie le ferai , in the future , too . the close roll of an. . r. . m ▪ . recites this clause of the oath which king h rich took in these words ; et etiam de tuendo & custodiendo ivst as leges & consuetudines ecclesiae , ac de faciendo per ipsum dominum regem , eas esse protegendas & ad honorem dei corrobor and as quas vvlgvs ivste et rationabiliter elegerit juxta vires ejusdem domini regis , in the future tense . and rot. parliament , . h. . p. . expresseth the clause in king henry his oath thus : concedis ivstas leges & consuetudines esse tenendas , & promittis per te eas esse protegendas & ad honorem dei corroborandas qv as vvl gvs elegerit secundum vires tuas . respondebit ; concedo & promitto . in the booke of clarencieux hanley , who lived in king henry the . his reig●e , this clause of the oath ( which this king is said to take at his coronation ) is thus ●endred in english : will you grant , fvlfill , defend all rightfvll lawes and customes , the which the commons of yovr realme shall chvse ( in the future , and where but in the parliament house when and where they meet together to make good laws ? ) and shall strengthen and maintain to the worship of god , after your power ▪ the king shall answer , i grant and behe●e . but that which puts this past all doubt , is the coronation oath of k. edward the . thus altered by the lord protectour and kings councell in words , but not sence ; doe you grant to make no new lawes , but such as shall be to the honour and glory of god , and to the good of the common-wealth , and that the same shall bee made by consent of yovr people , as hath been accvstomed ? where this clause of the oath , referres wholly and onely to future new lawes , to be chosen and made by the peoples consent , not to lawes formerly enacted . and certainly it must do s● , else there would be much tautology in this short solemne oath , unsutable to the grave wisdome and judgement of an whole kingdom to prescribe and continue for so many ages , and for our kings in discretion to take : for the first clause of the oath both in the latin , french , and english copie● of ancient and present times , is this , sir will you grant and keep , and by your oath confirme to the people of england ; the lawes and cvstomes granted to them by ancient kings of england , rightfull men , and devout to god ; and namely the lawes and customes , and franchises granted to the clergy and to the people by the glorious king edward , to your power ? which clause relating to all lawes and customes granted by forme● kings to the people ; if this latter clause should be in the pretertense too , hath chosen ( as the king and his mistaken counsell object ) it would be a meer su●plusage , or battology , yea the same insubstance with the first part of the oath , and ou● kings should be onely bound by their oathes to observe their ancestors lawes , not their owne as they now argue , ( the reason perchance why the petition of right , and our other new lawes are so ill observed ) which is ridiculous to imagine . and whereas they obiect , that the word cvstoms joyned to lawes in the last clause , cannot be meant of such customes as the people shall chuse after the oath made , because all customes are , and must be time out of minde . the answer is very easie ; for customes here are not taken strictly for ancient usages time out of minde ; but for statutes , franchises , just liberties , or taxes for the kingdoms defence , chosen & freely granted by the commons or people , and to be confirmed by the king in parliament ; as appears by the first clause of the oath , the laws & customs granted to them by the ancient kings of england . and by i bracton himself , who expounds this clause of the oath to relate to future laws , newly made by our kings after their coronations , in this observable passage . hujusmodi vero leges anglicanae & consvetvdines , regum authoritate jubent quandoque , quandoque vetant , & quandoque vindicant , & puniunt transgressores ; quas quidem cum fverint approbatae consensv vtentivm et sacramento regvm confirmatae , mutari non poterunt nec destrui , sine commvni consensv eorvm omnivm , quorum consilio et consensv fvervnt promvlgatae . now no customes properly so called , can commence by way of grant , especially of the king alone ; but only by the people and common usage for a good space of time ( as the customes of gavelkinde , burrough english , and such like , never granted nor commenced by charter or act of parliament , did ; ) and if the king by charter or act of parliament , should grant a new custome , before it were a custome in this sense , it would be utterly void in law , because there was no such custome then in being , and no gran● or act can make or create a custome or prescription that had no former being . therefore custome in this oath , coupled with just and reasonable , must needs be meant only of such iust and reasonable statutes , liberties , privilidges , immunities , aides , taxes , or services for the subjects ease and benefit , and the publike service , as they upon emergent occasions shall make choice of in parliament ; of whose iustnesse and reasonablenesse not the king alone , but the grand councell of the kingdom ( assembled in the parliament , to this very end , to iudge of , make , and assent to iust and profitable laws ) are and ought to be the proper iudges , as i have elswhere manifested ; and the very words of the oath , qvas vvlgvs eligerit , to which justas leges & consuetudines relates , resolve beyond contradiction . and king david and achish both were of this opinion , chron. . . to . sam. ▪ , , . sam. . . to . and king hezekiah too chron. . . to . . yea god himselfe , and saunel too : sam. . to the end . fifthly , because it is directly contrary to the preambles and recitals of sundry acts of parliament in most of our kings reignes comprising the two last reasons . to instance in some few of many : the ancient statutes of * marlbridge begin thus . the yeare of grace . for the better estate of the realme of england , and for the more speedy ministration of iustice , as belongeth to the office of a king , the more discreet men of the realme being called together , as well of the higher as of the lower estate : it was provided , agreed , and ordained , that whereas the realme of lat● had beene disquieted with manifold troubles and distractions , for reformation whereof statutes and lawes be right necessary , whereby the peace and tranquility of the people may be conserved , wherein the king intending to devise convenient remedy , hath made these acts underwritten . * the statutes of edw. . have this prologue . these be the acts of king edward , &c. at his first parliament generall after his coronation . because our soveraigne lord the king hath great zeal in desire to redresse the state of the realm in such things as reqvired amendment for the common profit of the holy church , and of the realme &c. the king hath ordained and established these acts underwritten , which he intendeth to be necessary and profitable unto the whole realme . and cap. . in the marches of wales , and elsewhere , where the kings writs be not currant , the king which is chiefe and soveraigne lord there , shall doe right there unto such as will complaine . and cap. . * the king hath ordained these things unto the honour of god , and holy church , and for the commonwealth , and for the remedy of such as be grieved ; and for as much as it is great charity ( which is oft times put for iustice , as here ) to doe right vnto all men at all times when need shall be , by assent of all &c. it was provided . the statute of glocester in the . year of king edw. . is thus prefaced . for the great mischiefs and disinherisons that the people of the realme of england have heretofore suffered , throught default of the law that failed in divers cases within the said realm ; our soveraign lord the king for the amendment of the land ; for the reliefe of his people , and to eschew much mischiefs , dammages and dis-inherisons , hath provided established these acts underwritten , willing and commanding that from henceforth they be firmely kept within this realme . the statutes of westminster , . in his . year begin thus : whereas of late our soveraigne lord the king , &c. calling his counsell at glocester , and considering that divers of this realm were disherited , by reason that in many cases , where remedy should have been had , there was none provided by him nor his predecessors , ordained certaine statutes , right necessary and profitable for his realm , whereby the people of england and ireland have obtained more speedy iustice in their oppressions then they had before , and certaine cases ( wherein the law failed ) did remaine undetermined , and some remained to be enacted that were for the reformation of the oppressions of the people ; our soveraigne lord the king in his parliament holden &c. the ) ear of his reign at westm. caused many oppressions of the people , and defaults of the lawes , for the accomplishment of the said statutes of glocest to be rehearsed , and thereupon did provide certaine acts here following . the s●atute of quo warranto , an. . ( the . year of this king , made at glocest. ) hath this exordium . the king himself providing for the wealth of his realm , and the morefull administration of iustice , as to the office of a king belongeth ; the more discreet men of the realm , as well of high as of low degree being called thither , it was provided &c. the sta● . of york e. hath this prologue . forasmuch as people of the realm of england and ireland have heretofore suffered many times great mischiefs , damage and disherison by reason that in divers cases where the law failed , no remedy was purveyed &c. our soveraign lord the king desiring that right be done to his people at his parl. holden at york &c. hath made these acts & statutes here following , the which he willeth to be straitly observed in his said realm . in . ed. . in a parliament held at york . * the commons desired the king in the said parliament by their petition , that for the profit and commodity of his prelates , earls , barons , and commons of his realm , it may please him , withovt fvrther delay , upon the said grievances and outrages to provide remedy : our soveraign l. the k. desiring the profit of his people by the assent of his prelates &c. upon the said things disclosed to him , & found true , to the great hurt of the said prelates &c. and oppression of his commons , hath ordained and established &c. in . e. . stat . . there is this introduction . because our soveraigne lord the king edw. . which soveraignly desireth the maintenance of his peace and safeguard of his people , hath perceived at the complaint of the prelates , earls , barons , and also at the shewing of the knights of the shires , and the commons in their petition put in his parliament &c. divers oppressions and grievances done to his people , &c. coveting to obvent the malice of such felons , and to see a covenable remedy , hath ordained , &c. for the quietnes and peace of his people , that the articles underneath written be kept and maintained in all points . e. . stat . . to the honor of god , &c. the king for peace and quietnesse of his people , as well great as small , doth grant and establish the things underwritten . the like we have in . e. . stat . . and in this kings proclamation for revoking it , there is this passage ; we considering , how by the bond of ovr oath we be bovnd to the observance and defence of the lawes and cvstomes of the realme , &c. so in . e . because that by divers complaints made to us , we perceived that the law of the land which wee by ovr oath be bovnd to maintaine is the lesse well kept , and the execution of the same disturbed many times , &c. we greatly moved of conscience in this matter , and for this cause desiring as much for the pleasure of god and ease and quietnesse of our subjects , as to save ovr conscience and to keepe ovr said oath , by the assent of the great men and other wise men of our counsel , we have ordained these things following . e. c. . that in no wise ye omit the same , as ye love us and the commonwealth of this realme . . e. . stat . . because that statutes made and ordained before this time have not been holden and kept as they ought to be , the king willing to provide quietnesse and common profit of his people , by the assent , &c. hath ordained and established these things under-written . the passage in the statute of provisors , . e. . parliam . . is notable . whereupon the said commons have prayed our soveraigne lord the king , that sith the right of the crowne of england , and the law of the said realme is svch , that upon the mischiefes and dammages which hapneth to his realme , he ovght and is bovnden of the accord of his said people in parliament thereof to make remedy , and the law of voiding the mischiefes and dammages which thereof commeth , that it may please him thereupon to ordain remedie . our soveraigne lord the king seeing the mischiefes and dammages before named , and having regard to the statute made in the time of his grandfather , and to the cause contained in the same ; which statute alwayes holdeth his force , and was never defeated , nor annulled in any point ; and by so much as he is bovnden by his oath to doe the same to be kept as the law of this realme though that by sufferance and negligence it hath been attempted to the contrary ; also having regard to the grievous complaints made to him by his people in divers his parliaments holden heretofore , willing to ordain remedy for the great dammage and mischiefs which have hapned , and daily do happen to the church of england by the said cause ; by assent of the great men and commonalty of the said realm , to the honor of god and profit of the said church of england , and of all his realme , hath ordered and established ▪ &c. . e. : the king for the common profit of him and his people , &c. hath ordained . . e. . to the honour and pleasure of god , and the amendment of the outragious grievances and oppressions done to the people , and in reliefe of their estate , king edward , &c. grant●d for him and his heires for ever these articles underwritten . . r. . to the honour of god and reverence of holy church , for to nourish peace , unity , and concord , in all the parts within our realm of england , which we doe much desire ; we have ordained , &c. . r. . for the honour of god , and of holy church , and for the common profit of the realme of england , our soveraigne lord the king hath ordained , &c. for the quietnesse of his said people , the statutes and ordinances following , &c. cap. . ( with . h. . c. . ) our soveraign lord the king greatly desiring the tranquility and quietnes of his people , willeth and straitly commandeth , that the peace within his realme of england be surely observed & kept , so that all his lawful subjects may from henceforth safely and peaceably goe , come , and dwell after the law and usage of the realme , and that iustice and right be indifferently ministred to every of his said subjects , as well to the poore as to the rich in his courts . . h. . henry by the grace of god , &c. to the honour of god and reverence of holy church for to nourish peace , unity & concord of all parties within the realm of england , and for the reliefe and recovery of the said realm , which now late hath been mischievously put to great ruine , mischief and desolation , of the assent , &c. hath made and established , &c. . h. . c. . for the grievous complaints made to our soveraigne lord the king by his commons of the parliament of the horrible mischiefes and damnable custome which is introduced of new , &c. our soveraign lord the king to the honor of god , as well to eschew the dammage of this realme , as the perils of their soules which are to be advanced to any archbishopricks or bishopricks , &c. hath ordained . divers such recitalls are frequent in most of our statutes in all kings raignes , viz. . e. . c. , , , . . r. . c. . . r. . stat. . . . r. . stat. . . r. . . r. . ( for the common profit of the said realme , and especially for the good and just government and due execution of the common law , it is ordained , &c. ) . r. . prologue & c. . . r. . c. . . r. . . r. . prologue & c. , , . . r. . . r. . . h. . & . c. . . h. . . h. . prologue & c. . . h. . c. . . h. . c. . . h. . prologue . r. . c. . . . . h. . c. , . . h. . c. . but i shall conclude with some more punctuall ones . . e. . stat . c. , . to nourish , love , peace and concord between holy church and the realme and to appease and cease the great hurt and perils & impertable losses and grievances that have been done and happened in times past , and shall happen hereafter , if the thing from henceforth be suffered to passe , &c. for which causes , and dispensing whereof , the ancient lawes , usages , customes , and franchises of the realm , have been , and be greatly appaired , blemished , and confounded , the crown of the king minished , and his person falsly defrauded the treasure and riches of his realme carried away , the inhabitants and subjects of the realme impovirished , troubled , &c. the king at his parliament , &c. having regard to the quietnesse of his people , which he chiefly desireth to sustaine in tranquility and peac● , to governe according to the lawes , vsages , and franchises of this land , as he is bovnd by his oath made at his coronation ; following the wayes of his progenitors , which for their time made certaine good ordinances and provisions against the said grievances , &c. by the assent , &c. hath approved , accepted , and confirmed . &c. . r. . c. . because the king hath perceived , as well by many complaints made to him , as by the perfect knowledge of the thing , &c. the king desiring soveraignly the peace and quietnesse of his realme , and his good lawes and customes of the same , and the rights of his crowne to be maintained and kept in all points ; and the offenders duly to be chastised and punished , as he is sworn at his coronation , by the assent of all the lords &c. hath defended &c. and moreover it is ordained and established &c. r. . rot. parl. num. . & . the commons desiring a grant of new power to iustices of peace , to enquire into extortions ; the bishops conceiving it might extend to them , made their protestation against this new grant ; yet protested , that if it were restrained only to what was law already , they would condiscend to it , but not if it gave any new or further power . the king answers , that notwithstanding their protestation , or any words con●eined therein , he would not forbeare to passe this new grant , and that by his oath at his coronation he was obliged to do it . and h. . c. . we , for as much as by reason of our regality , we be bovnden to the safegvard of ovr realm round about , willing in this behalfe convenient hasty remedy to be adhibite , have assigned , &c. by these , with infinite such like recitalls in our ancient and late statutes in the kings owne proclamations , commissions , yea and in writs of law ( wherein wee find these expressions ; a nos qui singulis de regno nostro in exhibitione ivstitiae svmvs debitores ; plaenam & celerem justitiam exhiberi facias . b nos volentes quoscunque legios nostros in curiis nostris &c. justitiam sibi &c. nullatenus differri . ad justitiam inde reddendam cum omni celeritate procedatis c nos oppressiones , duritias , damna excessus , & gravamina praedictae nolentes relinquere impunita ; volent esque salvationi & qvieti popvli nostri hac parte prospicere vt tenemvr ; eidm celeris justitiae complementum , & debitum & festinum iustitiae complementum fieri facies , d nos huiusmodi praeindicio precavere volentes , prout astringimvr ivramenti vingvlo . quia● iudicia in curia nostra cito reddita in suis roboribus manuteneri volumus & defendi prout ad hoc ivramenti vincvlo astringimvr & tenemvr . &c , it is most apparent , that the kings of england both by their oath , duty , and common right , even in point of justice and conscience , are bound to assent to all publike acts as are really neces●ary for the peace , safety , ease , weale , benefit , prevention of mischiefs and redresse of greivances of all , or any of their subjects , without any tergiversation , or unnecessary delayes , when they are passed and tendered to them by both houses , and that in such acts as these they have no absolute negative voice at all , but ought to give their speedy , free , and full consents thereto , unlesse they can give satisfactory reasons to the contrary . sixthly , all our ancient kings of england , ( as the premises , with all publike usefull statutes enacted in their reigne ▪ evidence ) have alwayes usually given their free and full consents in parliament to such publike acts as these , without deniall or protraction , conceiving they were bound by oath and duty so to doe ; and if they ever denyed their royall assents to any petitions or bills of the lords and commons of this nature , they alwayes gave such good reasons for it as satisfied both howses : witnes their answers to infinite petitions yet extant among the parliament records . therefore the king now is as much obliged thereto as they . seventhly , if the king in point of law , should have an absolute negative voice in denying his assent to publike bills of meere right , and justice ; then he should have power by law to deny justice and right , and to doe wrong and iniustice to his people ; a prerogative which neither god himselfe , nor any lawfull monarch ever yet chalenged ; but renounced with greatest detestation . i read in * plutarch that when a flatterer said to king antigonus , that all things were honest and iust to kings , he answered : only indeed to kings of barbarians , but to us honest things are to be accounted for honest , only just things for just : and that * acrotatus gave the like answer to his parents , when they pressed him to do an uniust thing : quo●iam vult is me optima ag●re , optimū aute●● est cum privato , tum multo etiā magis principiid quod est justum , agam qu●●ultis , quae viro dicitis detrectabo . yea our law expresly denies the king any such uniust prerogative , by these unquestionable maximes : f the king neither can , nor ought by law to do any wrong , seeing he is gods vicar , and the fountaine of iustice. et hocsolum rex non potest facere quod non potest inivste agere : which our g law-books make no defect of power , but one of the highest branches of the kings prerogative : for confirmation whereof , i shal only cite one notable record , . h. . rot. parl. num. . the commons complained , that by the favour of ordinaries , divers incumbents were outed of their benefices by superinstitutions upon presentations of the king , contrary to the statute in that case provided ; and were denied a scire faci●s , without a speciall licence or command of the king first obtained , to the great offence of god , and against reason and law * becavse svch an act cannot be any prerogative at al in ovr lord the king , which is derogative to the execvtion of right and ivstice . wherefore they petitioned the king , that he would be pleased to grant and command the chancellor , to deliver a writ of scire facias to every of his leiges who are outed of their benefices or possessions by the foresaid title of the king , and that thenceforth the chancellors shall be bound to deliver by authority of their offices this writ of scire facias at the sute of the parties : and further , to doe right to the parties , without suing to the king , and without other warrant from him . to which the king gives this answer . the king wills , that the said statute bee firmly held and kepe ; and farther willeth and granteth , that if hee presents to any benefice which shall bee full of any incumbext , that the presentee of the king shall not bee received by the ordinary to such a benefice , untill the king hath recovered his presentment by processe of law in his owne court : and if any presentee of the king bee otherwise received , and the incumbent outed without due processe , as aforesaid , the said incumbent may commence his sute within one yeare after the induction of the kings presentee , or later . and further , the king wills that no ratification granted for the incumbent , after that the king hath presented and taken his sute , shall bee allowed pending the plea , nor after the judgement given for the king ; but that such judgement shall bee fully executed , as reason demands . l●e here the commons and parliament affirme , and the king himselfe subscribes thereto : that the king neither hath , nor yet can have any prerogative at all , which is derogative , or any impediment at all in the execution of right and justice ; and disclaime a negative voyce , or power , in him , in granting a scire facias to particular incumbents , unduly outed of their living by a pretended prerogative power , against reason and law. therefore à fortiori , the king , by his prerogative , neither hath , nor can have any absolute negative voice at all to hinder the passing of publike bills presented to him by both houses , for the due execution of right and iustice , and the weale , peace , or safety of the whole kingdome . that speech of h king zed●kia● to his princes ( though in a bad case ) is an undoubted verity here : behold he is in your hands ; for the king is not he that can doe any thing against you : and likewise of king david to his people : sam. . . . what seemeth to you best i will do . in one word , as it is no impotency in god , but a part of his owne divine prerogative ; i that he cannot possibly ly , k that he cannot deny himself , l that he is immutable and changeth not , that he m cannot do injustice : and as it was the apostles highest priviledge . ●or . . . we can do nothing against the truth , but for the truth . so it is no note of impotency but of highest soveraignty in our kings , that in all bills of publike right and common iustice , they have no negative voice or power at all to withstand or deny their passing ; for then they should have a prerogative to deny common right and iustice , and so to doe publike injustice , which god himselfe ( whose vicegerents they are ) is uncapable of , and never derived to them . i will close this reason with that memorable speech of that great heathen emperour iulius caesar , which he somtimes used at rome in the councell-house ; * touching all other affaires that are to be taken in hand for your sake , i am both your consul , and your dictator ; but as touching any wrong to be done to any man , i am as a private man without office . eighthly , our kings have ever claimed this as an absolute duty from their subjects in parliament , to grant them such speedy , free , and competent ayds , subsidies , customes for the necessary defence of themselves , and the kingdome , and support of their royall estates , as the urgency of their publike warres , and affaires required ; and the subjects ( though they have sometimes denied subsidies to their princes upon reasonable causes , and excuses alleadged by them , expressed in our n historians ) yet have always held it their o bounden duty to grant such ayds in parliament , when ( and sometimes before ) they have been required , and have really done it without refusall , when they saw just cause to grant them ; as all the old and new acts for the grant of customes , subsidies , dismes , quindismes , tonnage and poundage , polemoney , with other such aides in all our kings-reignes , abundantly evidence . therefore the king ( who is as much obliged by oath and duty to aid his subjects , and provide for their common protection , weale , peace , ease , as they are to provide for his , and the kingdomes safety ) is by like reason as much obliged in duty not to deny them such publike acts ; as they are not to deny him such publike aides . ninthly , kingdomes and commonweales were existent before kings , for there must be a kingdome , and society of men to governe ( as p aristotle , q cicero , r polibius , s augustine , t fortescue , and all other polititians accord ) before there could be a king elected by them for to governe them : and those kingdomes and societies of men had ( for the most part ) some common lawes of their owne free choice by which they were governed , before they had kings ; which lawes they u swore their kings to observe before they would crowne or admit them to the government ; and likewise gave them a further oath , to passe and confirme all such subsequent lawes as they should make choice of for their publike benefit and protection ; as is evident by the coronation oaths of all our own ( yea of most other christian , and some pagan kings ) continuing to this very day ; and these words in the kings oath quas vulgus elegerit ( which intimates the choice of lawes to be wholly and fully in the peoples free elections ) prove beyond contradiction : yea those ancient law-givers x solon , 〈◊〉 li●●rgu● , numa , with others , who tooke paines to compile lawes for severall kingdomes and republikes , did only recommend them to the people , whose voluntary a●●ent unto them made them binding ; which lawes they either altered or repealed as they saw cause . besides , during interrognums in sorraigne elective kingdomes , the estates in parliament have power to make new binding lawes , repeale and alter old , as they did in y aragon after sanchius his decease ) before they elected a new king ( whom they swore to observe the lawes then made , before they would admit him ) without any kings assent at all , who yet give their royall assent to lawes made in their reignes : and in our owne and other successive kingdomes during the kings infancy , dotage , absence , the kingdomes and parliaments have an absolute power ( as i have already manifested ) to create regents or lord-protectors● to execute royall authority and give royall assents to publike acts in the kings name and steads , without their actuall personall assents ; which lawes being necessary for the subject , shall be as firme and obligatory to king and kingdome , as those to which they actually assent : yea , if kings chance to die without any heire , the kingdome in such a case may assemble of themselves , and make binding necessary lawes without a king , and alter the very frame of government , by publike consent . therefore the royall assent to just , necessary , publike bills , is in truth but a formall ceremony or complement ( much like a kings coronation ) z without which he may be , and is a lawfull king , ) bestowed by the people upon kings for their greater honour , with this limitation , that they must not deny it when they of right require it to any just or necessary law ; * not simply to make , but declare & confirm a law already made and passed by both houses ( much like a tenants a attornment to the grant of a reversion ) and therefore kings may neither in law , nor conscience deny it when it is necessarily demanded to any just publike bills , unlesse they can shew good reason to the contrary , so farre as to satisfie their people why such lawes should not passe . tenthly , our very lawes in many cases deny the king an absolute negative voice or power , even in matters of prerogative , because they are contrary to his oath , and mischeivous to the republike . this appeares most clearly in matters of pardons , the statutes of e. . c. . e. . c. . r. . c. . r. . c. . enact . that charters of pardon shall not be granted for man slaughters , roberies , fellonies , and other trespasse , but only where the king may doe it by his oath ; ( that is to say , where a man slayeth another in his owne defence , or by misadventure , ) or in case , where he may doe it keeping and saving the oath of his crowne . soe the king b cannot pardon nor release the repairing of a bridge or highway , or any such like publike charges , or any publike nusances or offences against paenall lawes pro bono publico , because it is contrary to the trust and confidence reposed in him for the publike good , because the republike hath an interest herein : and the pardoning of them would be mischeivous for the common good : in like manner the king c cannot deny , delay , nor deferre iustice , nor stay the iudges from doing present right and justice to any of his subjects by his letters under his great or privy seale , because it is contrary to his oath and duty : neither d can he by his absolute prerogative , impose any the least ●axe or imposition on his subjects without their common consent in parliament ; nor e yet authorize any other to kill , beat , wound , imprison any mans person , or take away his goods , without due processe of law ; yea the very lawes and custome of the realme deny the king any absolute negative voice even in the parliament house in reversing erronious iudgments , charters , patents , declaring what is law in difficult cases , or in proceedings and sentences against delinquents , or in any one particular whatsoever which concernes the administration of right or common iustice. therefore by the selfesame reason , the very law denies him any such negative voice in refusing his royall assent to bills of common right and iustice ; and as both houses doe alwayes over-rule the king , not he both houses in the one ; so , by parity and congruity of reason , they ought to oversway him in the other , there being the same reason in both cases , and the one no greater an ●ntrenchment upon his prerogative than the other . eleventhly , this is infallibly proved by the usuall forme of our kings answers to such bills as they assent not to , b le roy so it a visera , the king will bee advised , or take further consideration : which is no absolute deniall , but a craving of longer time to advise upon them , and thereupon to assent to them if he can see no just cause to the contrary , or else to give satisfactory reasons why he cannot assent : which answer were not proper , nor formall , had the king an absolute negative voyce to reiect bills , without rendering a sufficient satisfactory reason of his refusall of them . twelfthly , publike bills for the subiects common good , are formed for the most part , by the lords and commons themselves , who in truth ( as i have elsewhere proved ) are the chiefe law-makers , & who ( as c aristotle defines ) know better what is good and necessary for their own benefit , then the king , their publike minister for their good ; itaque majorum rerum potestas jure populo tribuitur , is aristotles resolution . therefore in passing such bills , there is greater ●eason , that both houses should over-rule the king , then the king them . it is usuall in all inferior counsells of state , law , wa●ie , of the kings own choise , for the counsell to over-rule the king in matters of state , law , warre , unlesse the king can give better reasons against , than they doe for their conclusive advise : and kings in such cases doe usually submit to their counsells determinations , without contradiction : of which we have sundry presidents , not onely in profane , but d sacred story . physicians in points of physick , lawyers of law , divines of divinity , souldiers of warre , pilots of nav●gation , and so all artists in their severall arts , not only instruct , but over-sway their princes , without finall contradiction : this being a known received m●xime in law ; vnicuique in sua arte peritest credendum : and shall not then the grand counsell of the realme in all publike state-affaires , and bills of consequence , mu●h more over-rule the king , then his privie counsell ? especially since in the statutes of . h. . c. . . h. . c. . it is enacted to the end that the king may not be deceived in his grants and gifts , annuall or in fee , or in any offices by him to be made , given , or granted , he wil by the assent of the lords spirituall and temporall , and at the request of the commons be covnselled by the wise men of his covnsel in things tovching the estate of him and his realme ; and that he will make no such gifts nor grants , saving to such persons as the same deserveth , and as best shall seem to the king and his covnsell . and sith it is the desire of all the estates of the realm , that nothing should be so demanded of the king , he wills that all those that make any such demand contrary to this statute , shall be punished by advise of him and his counsell , and that ●ee that maketh such demand , shall never have the thing so demanded . a law now meet to be put in execution . thirteenthly , if the king should have an absolute negative voyce , in refusing such publike bills as are necessary and expedient for the common good and safety of his people , it would rest in the meere power and pleasure of a willfull or misadvised king , seduced by evill counsellours , to deprive the kingdome of the principall use , benefit , and privilidges of parliament , * the making of good and wholsome laws , for the good government of the realm ▪ the removall or prevention of emergent grievances or dangers , and execution of publike iustice on delinquents ▪ to the great perill , preiudice , if not ruine of the realm . and our f annuall or trienniall parliaments should serve then to no other purpose , but to supply the king with subsidies , or keep the wool. sacks & benches from growing mouldy , whilst the lords and commons sate upon them , rather-like so many cyphers without a ●igu●e , then a court of parliament ; if the lawes of the realme were in the kings hand or breast alone , as richard the . sometimes said they were , ( an g article objected against him at his deposing ) contrary to that approved resolution of h aristotle ; whatsoever se●ms good to the major part of the governours of the common-wealth that is established for a law , which holds good in the kingdome of i aragon at this day ; where the king in making publike lawes hath no absolute negative voyce , nor yet in summoning of parliaments , which are constantly held at their set times every yeare or two at furthest , whether the king will or not . fourteenthly , god himself ( the * king of kings and lord of lord ) held this a principall part of his soveraign divine prerogative ; to give his people from heaven ( when they needed and required it ) right iudgments , and lawes of truth , good statutes & commandements for their good and welfare : neh. . . exod. c. . and . and . deut. . . to . and chap. . throughout : neither * doth , will , or can he deny any iust or necessary suite , prayer or petition that his poor servants and creatures ( though but dust and ashes ) ioyntly , or severally put up unto him : but most willingly grants without the least deniall , or unnecessary delay , what ever good and needfull things they require at his hands . and can or dare kings then claim a greater , an higher prerogative over their kingdomes , & subiect● , then god himselfe , the king of kings , doth overh is creatures ? or arrogate to themselves an absolute negative voice , where god himselfe ( whose servants and vicegerents only kings are ) neither hath nor will have any , but utterly disclaimes it ? god forbid , that any such arrogant thought should ever enter into the hearts of any christian kings , who being in truth but servants to , not absolute lords over their kingdomes , in whom the soveraign legislative power and authority resides , must , and ought by the lawes of god and man , rather condescend to their parliaments and kingdomes iust requests , in assenting to necessary wholsome iust lawes , * then their parliaments and kingdomes quietly submit to their uniust disassents unto them to the publike preiudice , as is cleare by . sam. . . to the end . act. . . finally , our ancestors were so farre from beleeving , that our kings havean absolute negative voyce , in such bills as these , that they have not only constrained our kings by threates , yea force of armes , to summon and continue parliaments , but likewise compelled them to give their royall assents to magna charta , charta de foresta , confirmatio chartarum , articuli super chartas , with sundry other publike statutes of right and iustice for the common good and subiects safety , and to ratifie them with their hands , seales oaths , proclamations , the bishops solemne excommunications , yea and the popes leaden bulls , against their will and liking , as i have plentifully manifested in the former part : which forced assents have beene held good in law , to binde these kings and their successors , with this distinction , where the lawes to which this assent was forced are convenient , necessary , or essentiall for the kingdomes welfare , the subiects iust liberty , and such as the king by duty and oath is bound to assent to : there , if they compell the king to give his assent in case of wilfull deniall the assent is binding , and shall not be avoided by duresse , because the king doth no more then he is obliged by law , oath , and duty to condiscend to : upon which ground , a l tenant inforced to attorne to a grant of a reversion by imprisonment , upon a quid juris clamat , shall never avoid this attornm●nt by duresse ; nor an k obligation made by one taken in execution for payment of a just debt ; nor the just judgment of a iudge given by menaces , shall not be avoyded : this is cleere by magna charta , and other lawes gotten at first by m duresse and menaces from our kings , and yet firme and binding when even thus assented to , because just and necessary ; as king henry . an ▪ . confessed ; n who when the barons demanded of him the confirmation of the great charter , and their liberties according to his oath upon the conclusion of the peace with lewis ; william brewer , one of the kings counsell answering , that the liberties they demanded must not be observed , because they were violently extorted , and words hereupon growing between the barons and him , and the arch-bishop of canterbury kindling at it ; the young king prudently closed up the whole strife with this speech ; all of us have sworne to these ●iberties , and that which we have sworne , all of us are bound to observe . but where the acts to which the assent is gained , are unjust or illegall , such to which the king was not bound by oath or duty to consent , but meerely out of necessity to avoid imminent danger of death , or other mischiefe , and where the whole parliament was enforced as well as the king ; there the acts may be avoided by duresse , as is evident by the statutes of . and . of r. . c. . by the statute of h. . c. , ( which makes voyd all the petitions granted by this king in a former parliament the . of his reigne , and all indictments made by duresse , through the rebellion , tyranny , and menaces of iack cade and his rebellious rout of traytors ) and by . h. . c. . . e. . stat . . and . e. . c. . yet these enforced unjust bills , being publike acts , done in a legall forme , are not meerly void , but good in law till they be repealed , and nullified by a subsequent parliament ; ( as is evident by the next forecited statutes ; ) even as a o marriage , bond , or deed made by duresse or menace , are good in law , and not meerly void , but voidable only upon a plea and tryall . and if subsequent parliaments refuse to repeal these forced laws , and to declare the royall assent thereto by coertion , void or illegall , the king cannot avoid them by duresse ( because his royall assent is a judiciall act in open parliament , which his oath and duty obliged him to give , and the lawes are rather the parliaments act which was not forced , then his owne , ) but they remaine in full vigour as if he had freely assented to them ; which is most evident by the statutes made in . and . r. . which though extorted from the king by duresse , against the will and liberty of the king , and right of his crowne , as is pretended and declared in the statute of . r. . c. . yet they continued in full strength for ten yeares space or more , ( during which time there were no lesse then . parliaments held under this king ) because these parliaments refused to reverse them upon this pretext of duresse ; and the parliament of h. , c , , , . received and confirmed them . from all which premises , i humbly conceive , i may infallibly conclude , that the king in passing the fore-mentioned kinde of bills , of common right and iustice for the kingdomes , and the subjects weale and safety , hath no absolute negative voyee , but must and ought of common right and iustice , by vertue of his royalloath and duty , to give his ready and free assent unto them without any tergiversati●n . and so the parliament in their declarations to this purpose , hath no wayes invaded nor injured his majesties just prerogative royall in this particular . nor yet those members in it eclipsed his royall grace , who have upon occasion given affirmed , the petition of right , the bills for trieniall parliaments ( which before by law were to be annuall at least ; ) the continuance of this parliament without adjournment , for the kingdomes necessary preservation ; the acts against shipmoney , forest-bounds &c. ( illegall new invented grievances , and oppressions not heard of in former kings reigns ) and the statutes for the suppression of the star-chamber , high commission , knighthood , and bishops votes , ( lately growen intollerable grivances and mischeifes to the realme ; especially since his majesties reigne ; ) to bee no acts of * most transcendent grace , such as never any prince before vouchsafed to his people , as they are daily cried up in presse and pulpet ; but bills of meere common right and iustice , which the king by his royall office , oath , duty , in law and conscience ought to assent unto , and could not without apparent injustice deny to passe , when both houses urged him thereunto ; the rather because the unhappy fractions of all parliaments , and grievances of these natures under his majesties own reign and government , occasioned by his evill councellers , were the sole grounds and just occasions of enacting these necessary laws for the subjects future security ; if the sword now drawen to suppresse the parliament , and cut these gordians ( or rather cobwebs , as diogenes once termed laws ) a sunder , deprive them not of their benefit , before they scarce enjoy it . i should now here proceed , to manifest the parliaments taking up of defensive armes against his majesties malignant army of professed papists , delinquents , and pillaging murthering cavaleers , ( whose grand designe is onely to set up popery and an absolute tyrannical government over our consciences , bodies , estates ) in defense of their own persons , priviledges , the subjects laws , liberties , properties , and our protestant established religion ( devoted by papists to eternall ruine , as we have cause to feare ) to be just , lawfull , and no treason nor rebellion at all against the king , neither in point of law nor conscience ; and that the parliaments assessing of men towards the maintenance of this necessary defensive warre , by an ordinance of both houses onely without the kings assent , ( now wilfully absent from , and in armes against his parliament and people ) with their distraining and imprisoning of such as refuse to pay it ; and their confinement and securing of dangerous malignants , to be justifiable by law and ancient presidents ; with other particulars , not yet so fully discussed by any , as is desired . but this part being already growne somewhat large , and having lingred much longer at the presse then i expected ; i have thought it more convenient , to reserve the remainder for a future treatise by it selfe , then to hinder the state of the present benefit , which it may receive by this , through gods blessing , ere the other can ●ee compleated ; which i hope will fully un-blindfold the hood-winkt world , and either satisfie the consciences , or stop the mouthes of all who are not wilfully malicious against the truth and parliaments proceedings ; and the soveraigne power of parliaments and kingdoms , over their kings themselves ; which i shall more copiously manifest in the appendix . finis partis secunda . the third part of the soveraigne power of parliaments and kingdomes . wherein the parliaments present necessary defensive warre against the kings offensive malignant , popish forces ; and subjects taking up defensive armes against their soveraignes , and their armies in some cases , is copiously manifested , to be iust , lawfull , both in point of law and conscience ; and neither treason nor rebellion in either ; by inpregnable reasons and authorities of all kindes . together with a satisfactory answer to all objections , from law , scripture , fathers , reason , hitherto alledged by dr. ferne , or any other late opposite pamphleters , whose grosse mistakes in true stating of the present controversie , in sundry points of divinity , antiquity , history , with their absurd irrationall logicke and theologie , are here more fully discovered , refuted , than hitherto they have been by any : besides other particulars of great concernment . by william prynne , utter-barrester , of lincolnes inne . sam. . . be of good courage , and let us play the men for our people , and for the city of our god , and the lord doe what seemeth him good . esther . , . , . in the day that the enemies of the iewes hoped to have power over them , the iewes gathered themselves together into their cities , throughout all the provinces of king ahashuerus , to lay hand on those that sought their lives , and no man could withstand them ; for the feare of them fell upon all people . thus the iewes smote all their enemies with the stroke of the sword , and slaughter and destruction ; and did what they would with those that hated them ; but on the spoile laid they not their hand . it is this eighth day of may , . ordered by the committee of the house of commons in parliament for printing , that this booke , intituled , the third part of the soveraign power of parliaments and kingdomes , be printed by michael sparke , senior . iohn white . printed at london for michael sparke , senior . . to his ever-honovred , noble , kinde friends , the right honourable lord ferdinando fairfax , the right worshipfull , sir william waller , and sir william bruerton , knights , commanders in chiefe , of the parliaments forces , in severall counties . deservedly renowned worthies , yovr incomparable valour , zeale , activity , industry for the preservation of your dearest country , religion , lawes , liberties , and the very being of parliaments , all now endangered by an unnaturall generation of popish and malignant vipers , lately risen up in armes against them in diverse parts of this realme ; and those many miraculous victories with which god hath beene lately pleased to crowne your cordiall endeavours , to promote his glory and the publicke safety , as they have justly demerited some gratefull generall acknowledgements from the whole representative body of the state ; so they may in some sort challenge a private gratulatory retribution from me , who have formerly had the happinesse to participate in your christian affections , and now reape much consolation by your heroick actions . having therefore seasonably finished this third part , of the soveraigne power of parliaments and kingdoms ; copiously vindicating , the lawfulnesse , iustnesse of the parliaments present necessary defensive warre ( in which you have had the honour to be imployed , not onely as chiefe , but which is more , as most successefull commanders , in your severall countries , ) in point both of law and conscience ; and fully wiping off those blacke aspersions , of treason and rebellion , which the opposite party ( really guilty of these crimes against both king and kingdome , as i have * elsewhere manifested , and here lightly touched ) have out of malice , ignorance , or both conjoyned , most injuriously cast upon your loyall , honourable proceedings , which rejoyce the soules of all true philopa●ers , who cordially affect their country or religion ; i could not , without much ingratitude , yea injustice , have published it to the world , but under the patronage of your ever-honored res●lendent names , who have so valorously , so successefully pleaded this cause already in the field , that it needs the lesse assistance from the presse . my many inevitable interruptions and straites of time in its contexture , which may happily detract something from its perfection ; shall i hope , derogate nothing from your honourable , friendly acceptation ; whom i have thus conjoyned in the dedication ; because the parliament hath united you in their present warlike employments , and god himselfe joyntly honoured you with successe , even to admiration among the good , indignation amidst malignants , envy with the malicious , and , i trust , to an active sedulous em●lation in all your fellow commanders , imployed in other quarters in the selfesame cause . your present busie publike , and mine owne private imployments , prohibite me to expatiate ; wherefore earnestly beseeching the glorious lord of hosts to be ever mightily present with your severall noble persons , forces , and to make you alwayes eminently , active , valorous , victorious , as hitherto he hath done , till peace and truth , tranquillity and piety , by your severall triumphant proceedings , shall once more lovingly embrace and kisse each other in our divided unreformed , sinfull kingdome ; and till the effect of these just warres you manage , shall be quietnesse and assurance to us and our posterities after us for ever ; i humbly recommend your persons , proceedings to his protection who can secure you in and from all dangers of warre , and rest , your honours , worships most affectionate friend and servant , william prynne . to the reader . christian reader , i who have beene alwayes hitherto a cordiall desirer , endeavourer of peace , am here necessitated to present thee with a discourse of warre ; to justifie the lawfulnesse of the parliaments present taking up of necessary defensive armes . which neither their ende●vours , nor my , with many others prayers could ( with any safety to our priviledges , persons , religion , liberty , realmes , now forcibly invaded by his majesties popish and malignant cavallieres ) hitherto prevent , or conjure downe . to plead the justnesse of a warre , of an unnaturall civill warre , ( the worst of any ) of a warre betweene the head and members , may seeme not onely a paradox , but a prodigie , in a land heretofore blessed with an aged , uninterrupted peace : and a lucans bella per aemathios plusquam civilia campos , &c. ( now most unhappily revived among us ) being but historicall , and poeticall ; may passe the world with lesse admiration and censure , than this harsh peece , which is both legally & theol●gically ( like the subject matter ) polemicall . but as the b ayme , the end of all just war , is and ought to be onely future setled peace ; so is the whole drift of this military dissertation : not to foment or protract , but end our bloody warrs ; which nothing hath more excited , animated , lengthened in the adverse party , than a strong conceite , ( if not serious beliefe , ) that the parliaments forces , neither would , nor lawfully might in point of law or conscience forcibly resist or repulse their invasive armes , without danger of high treason and rebellion , ( which bug-beare i have here refuted , removed ) and the in-activity , the much admired slownesse of many of our forces , in resisting , in preventing their vigorous proceedings , which a little timely vigilance and diligence had easily controlled . it is a more than c barbarous inhumanity for any person , not to put to his uttermost strength , speedily to close up the mortall wounds of his bleeding , dying native country ; but to protract its cure , to enlarge , encrease its deadly ulcers , stabs , sores , and make a lasting trade of warre , out of a sordid , d sinfull desire of gaine , of plunder , to raise a private fortune by the republicks ruines , ( a sinne , of which some perchance are guilty ) is an unparalleld , most unnaturall prodigious impiety . it was thought a great dishonour heretofore , for men of honour and estates , not to serve and defend their country gratis , as our own e lawbooks & histories plentifully manifest : and shall such persons now turne sordid mercenaries ; stirre neither hand nor foot without their pay ; and be more diligent to get their wages , than discharge their service ? god forbid . it is f recorded of the children of gad and reuben , after they had recovered their inheritance on this side iordan , that they went all up armed before the lord over iordan , at their owne free cost , untill they had driven out all the enemies in it before them , subdued the land , and setled their brethren of the other tribes peaceably in it . and shall not englishmen of estates doe the like for their brethren now , in these times of need , when money ( the sinewes of warre ) is almost quite shrunke up , by reason of former disbursements and want of trade ? we read , g that the very heathen kings of canaan when they came and fought in taanach by the waters of megiddo , against the israelites , they tooke no gaine of money , for their paines : such was their noble generosity , which deborah registers in her song for their eternall glory . and we heare of divers lords and gentlemen in the kings army , which serve against their country gratis ; yea furnish out sundry horse and foote , of their proper cost ; of few or none such there who receive any pay. and shall these be more free , generous , active in serving , fighting against god , religion , lawes , liberties , parliament and their country ; than those of like ranke and quality on the parliaments party are in warring for them ? o h let not such an ignoble , unchristian report be ever once justly told in gath , or published in the streets of askelon , lest the daughters of the philistines rejoyce , lest the sonnes and daughters of the uncircumcised triumph . i know there are some heroicke worthies in the parliaments armies , of whom i may truely sing with deborah , i my heart is toward the governours of israel , that offered themselves willingly among the people ; and who like zebulon and nepthali , have freely jeoparded their lives unto the death , in the high places of the field . blessed be their endeavours , and their names for ever honourable : i shall now onely wish that others would imitate their laudable examples , that so our long-lingring warres , may be speedily and happily determined in a blessed , pure , pious , secure , honourable , lasting peace . they are tormentors , not chirurgions , executioners , not true souldiers , who desire , endeavour not speedily to close up and heale their dearest countries bleeding , festring wounds ; for which i have prepared this treatise , as a soveraigne balme , to incarne and cicatrize them , not ulcerate , or inflame them . it was the prophets patheticke expostulation , k the harvest is past , the summer is ended , and we are not healed : is there no balme in gilead ? is there no physitian there ? why then is not the health of the daughter of my people recovered ? it may be englands and irelands expostulation now : the lord put it into the hearts of our great physitians ( the king , parliament , and grandees of both armies ) that they may now at last with bleeding , melting hearts and spirits , speedily poure forth such effectuall healing balmes into these two dying kingdomes deadly wounds , as may effectually cure and restore them to more perfect health and vigor than they ever formerly enjoyed , that so they may lose nothing but their putrid blood , their proud dead flesh , their filthy sanies and corrupt humours , by their unnaturall stabs already received : towards the advancement of which much desired cure , if these my undigested rude collections ( interrupted with sundry inevitable interloping distractions , which may justly excuse their many defects ) may adde any contribution , or satisfie any seduced , or scrupulous consciences touching this present warre ; i shall deeme my labours highly recompensed ; and so recommending them to gods blessing , and thy charitable acceptation , i shall detaine thee with no further prologue . farewell . the soveraigne power of parliaments & kingdomes : proving st . that the parliaments present necessary defensive warre , is iust and lawfull both in point of law and conscience , and no treason nor rebellion . having in the two former parts of this discourse dissipated foure chiefe complaints against the parliaments proceedings ; i come now in order ( in point of time and sequell ) to the th grand objection of the king , royalists , and papists against the parliament . to wit : * that they have traiterously taken up armes , and levied warre against the king himselfe in his kingdome ; and would have taken away his life at keinton battell , which is no lesse than rebellion and high treason , by the statute of . e. . c. . with other obsolete acts ; and by the common law. which objection , though last in time , is yet of greatest weight and difficulty , now most cryed up and insisted on , of all the rest , in many of his majesties late proclamations , declarations , and in anti-parliamentary pamphlets . to give a punctuall answere to this capitall complaint , not out of any desire to foment , but cease this most unnaturall bloody warre , which threatens utter desolation to us if proceeded in , or not determined with a just , honourable , secure , lasting peace ; now lately rejected by his majesties party . i say , first , that it is apparent to all the world , who are not willfully or maliciously blinded ; that this majesty first began this warre , not onely by his endeavors to bring up the northerne army to force the parliament , confessed by the flight , l●tters , examinations of those who were chiefe actors in it ; but by raising sundry forces under colour of a guard before the parliament levied any . secondly , that the a parliament in raising their forces had no intention at all to offer the least violence to his majesties person , crowne , dignity , nor to draw any english blood ; but onely to defend themselves and the kingdome against his majesties malignant invasive plundring forces , to rescue his majestie out of the hands , the power of those ill councellers and malignants who withdrew him from his parliament , to bring him backe with honour , peace , safety , to his great councell ; ( their generall and army marching with a petition to this purpose , ) and to bring those delinquents to condigne punishment who most contemptuously deserted the houses , contrary to order , law , the priviledges of parliament , their owne protestation taken in both houses , sheltring themselves , under the power of his majesties presence and forces , from the justice of the houses , and apprehension of their officers , contrary to all presidents in former ages , in high affront of the priviledges , honour , power of the parliament , and * fundamentall knowne lawe of the realme : since which time , his majestie having ( contrary to his former proclamations and frequent printed solemne declarations ) entertained , not onely divers irish popish rebels , but likewise english and outlandish papists in his army , and given commissions to sundry * arch-popish recusants , to a●me themselves , and raise forces against the parliament , and kingdom , now in the field in all the northerne parts , wales , and other places , ( and that under the popes owne consecrated banner as many report ) in defiance of our protestant religion , ( designed by the popish party both at home and abroad , to no lesse then utter extirpation in england , as well as in ireland , if not in scotland too , ( as some of them openly professe ; ) the parliament are hereupon necessitated to augment and recrute their forces ; as for the precedent ends at first , so now more especially , for the necessary defence of the protestant religion established among us by law ; against which they ( and all others who are not wilfully blinded ) visibly discerne a most apparant desperate conspiracie ; which though not cleerely perceived , but onely justly suspected at first , doth now appeare ( all circumstances and agents considered ) to be the very embrio and primitive cause of this deplorable warre ; ag●inst which the parliament and subjects are now more necessitated and engaged to defend themselves then ever , seeing they have by all possible meanes endeavored to prevent this warre at first , and since to accommodate it , though in vaine , upon just , reasonable , and honorable safe termes for king and kingdome . the sole question then in this case thus truely stated will be . whether his majestie , having contrary to his oath , duty , the fundamentall laws of god and the realme , raised an armie of malignants , papists , forraigners ; against his parliament , kingdome , people , to make an offensive warre upon them , to murther , rob , spoyle , deprive them of their peace , liberties , properties , estates ; to impose unlawfull taxes by force upon them ; protect delinquents and evill councellors against the parliaments iustice , and violently to undermine our established protestant religion ; the common-wealth of england legally assembled in parliament ; and all subjects in such cases , by command and direction from both houses of parliament , may not lawfully and justly without any treason or rebellion , in point of law and conscience , take up defensive armes to preserve the priviledges of parliament , their lawes , lives , liberties , estates , properties , religion , to bring delinquents and ill councellours to condigne punishment , and rescue his seduced majestie out of their hands and power , though he be personally present with them , to assist and countenance them in this unnaturall destructive warre ? and under correction ( notwithstanding any thing i ever yet heard or read to the contrary ) i conceive affirmatively , that they may justly do it , both in point of law and conscience . i shall begin with law , because in this unhappie controversie , it must direct the conscience . first , i have b already proved in judgement of law , the parliament and kingdome assembled in it , to be the soveraigne power , and of greater authority then the king , who is but their publike minister in point of civill iustice , and generall in matters of warre , as the roman kings and emperours were , and other forraigne kings of old and at this day are . the parliament then being the highest power , and having principall right and authority to denounce , conclude and proclaime warre , ( as i have manifested in the debate of the militia , ) may not onely lawfully resist , but oppugne , suppresse all forces raised against it , and the kingdomes peace or welfare . secondly , the principall end of the kingdomes , originall erecting parliaments , and investing them with supreame power at first , was , to defend not onely with good lawes and councell , but when absolute necessitie requires ( as now it doth , ) with open force of armes ; the subjects liberties , persons , estates , religion , lawes , lives , rights , from the encroachments and violence of their kings , and to keepe kings within due bounds of law and iustice ; the end of instituting the c senate and ephori among the lacaedemonians , the senate and dictators among the romans , the d f●rum suprarbiense , and iustitia aragoniae among the aragonians ; of parliaments , dietts , and assemblies of the estates in other forraigne kingdomes , and in scotland , as i shall prove at large in its e proper place . this is cleare by the proceedings of all our parliaments in former ages ; especially in king iohns , henry the third , edward the . . . and richard the seconds raignes ; by the latter parliaments in king iames his raigne , yea of . caroli , the last dissolved parliament , and this now sitting , whose principall care and imployment hath beene to vindicate the subjects liberties , properties , lawes , and religion , from all illegall encroachments on them by the crown and its ill instruments : by the f forecited resolutions of bracton , fleta , the myrror of iustices , vowell , holinshed , the councell of basill , and others , that the parliament ought to restraine and bridle the king when he casts off the bridle of the law , and invades the subjects liberties , especially with open force of armes in an hostile manner : and by the constant practise of our ancestors and the barons warres , in maintenance of magna charta , with other good lawes and priviledges , confirmed by parliament . if then the parliament be intrusted by the kingdome with this superlative power , thus to protect the subjects liberties , properties , lawes , persons , religion , &c. against the kings invasions on them by policie or violence : they should both betray their trust , yea the whole kingdome too , if they should not with open force of armes , ( when policy , councell , and petitions will not doe it ) defend their owne and the subjects liberties , persons , priviledges , &c. against his majesties offensive armies which invade them , intending to make the whole kingdome a present booty to their insaciable rapine , and a future vassall to his majesties absolute arbitrary power , by way of conquest . i reade in g bodin that the roman senate being no way able to restraine caesar , tooke their refuge to that ancient decree of the senate , which was commonly made but in dangerous times of the common-weale , videant consules & caeteri magistratus ne quid detrimenti c●piat respublica : let the consulls and other majestrates foresee that the common-weale take no harme . with which decree of the senate , the consulls being armed , sodainely raised their power , commanding pompey to take up armes and raise an army against caesar to oppose his violent proceedings by force who after his conquest of pompey refusing to rise up to the consulls , pretors , and whole senate , out of his pride , through his ill councellors advise , and talking with them , as if they had beene but private men , he so farre offended both the senate and people , that to free the republicke from his tyranny , and preserve their hereditary liberties , they conspired his death , and soone after murthered him in the senate-house , where they gave him no lesse than . wounds . and h hieronimus blanca assures us , that the suprariense forum , iustitia aragoniae , or states of arag●n , ( erected to withstand the tyrannie and encroachments of their kings ) may by the laws of their realme assemble together , and resist their king with force of armes , as oft as there shall bee neede to repulse his , or his officers violence against the lawes ; for when they erected this court , they said , it would be little worth to have good lawes enacted , and a middle court of iustice betweene the king and people appointed , if it might not be lawfull to take up armes for their defence when it was needfull ; ( being agreeable to the very law of nature and reason ; ) because then it will not be sufficient to fight with counsell : for if this were not so , and the state and subjects in such cases might not lawfully take up armes , all things had long ere this been in the power of kings . therefore , no doubt , our parliament and state , as well as others , may by the very law of nature , and fundamentall institution of parliaments , now justly take up defensive armes to preserve their liberties , lawes , lives , estates , religion , from vassallage and ruine . thirdly , our owne parliaments , prelates , nobles , and commons in all ages ( especially in times of popery ) as well in parliament , as out , have by open force of armes resisted , suppressed the oppressions , rapines , vnjust violence , and armies of their princes raised against them ; yea , incountred their kings in open battells , taken their persons prisoners , and sometimes expelled , nay deposed them their royall authority , when they became incorrigible open professed enemies to their kingdomes , their subjects , seeking the ruine , slavery , and desolation of those , whom by office , duty , oath , and common iustice , they were bound inviolably to protect in liberty and peace , as the * premised histories of achigallo , emerian , vortigern , segebert , osred , ethelr●d , bernard , edwin , ceolwulfe , king iohn , henry the d. edward . and . richard the , henry the th . ( our british , saxon , english kings , ) and other examples common in our owne annalls , plentifully manifest . neither are their examples singular , but all kingdomes generally throughout the world in all ages have done the like , when their kings degenerated into tyrants , of which there are i infinite precedens in history : which actions all ages , all kingdomes have alwaies reputed lawfull both in point of policy , law , religion , as warranted by the very lawes of nature , reason , state , nations , god ; which instruct , not onely particular persons , but whole cities and kingdomes for their owne necessary defence , preservation , the supportation of humane societie and libertie , to protect themselves against all unlawfull violence and tyranny , even of their kings themselves , or their ministers , to whom neither the lawes of god , nature , man , nor any civill nation , ever yet gave the least authority to murther , spoile , oppresse , enslave their subjects , or deprive them of their lawfull liberties or estates ; which resistance were it unlawfull or unjust ( as many ignorant royallists and parasites now ●each ) some few oppressing tyrannizing wilfull princes , might without the least resistance , ruine , murther , enslave the whole world of men ; overthrow all setled formes of civill government , extirpate christian religion , and destroy all humane society at their pleasures ; all which had beene effected , yea , all states and kingdomes totally subverted long agoe , by ambitious tyrannizing lawlesse princes , had not this lawfull , naturall , hereditary power of resisting and opposing their illegall violence ( inherent in their parliaments , states , kingdomes ) restrained and suppressed their exorbitances of this kinde . now that this necessary defensive opposition and resistance against open regall hostile violence , which hath beene ever held lawfull , and frequently practised in all kingdomes , all ages heretofore , as just and necessary ; should become sodenly unlawfull to our parliament , and kingdome onely , at this instant , seemes very unreasonable unto me . fourthly , it is the expresse resolution of k arist●tle , l xenophon , m polibius , n pope elutherius , ( in his epistle to our first christian king , lucius ) king o edward the confessor in his established lawes , c. . the p councell of paris , anno . and isiod●r cited by it ; q iohn 〈◊〉 , r i●hn mariana , and generally of all forraigne divines and polititians , pagan or christian ; yea of s bracton , t f●●ta , u fortescue , and x king iames himselfe ; that a king governing in a setled kingdome , ceaseth to be a king , and degenerates into a tyrant , so soone as hee leaves to rule by his lawes ; much more , when he begins to invade his subjects , persons , rights , liberties to set up an abitrary power ; impose unlawfull t●xes , raise forces , and make warre upon his subjects , whom he should protect , and rule in peace ; to pillage , plund●r , ●aste , and spoile his kingdome ; imprison , murther , and destroy his people in an hostile manner , to captivate them to his pleasure ; the very highest degree of tyranny , condemned and detested by god , and all good men . the whole state and kingdome therefore in such cases as these , for their owne just necessary preservation , may lawfully with force of armes , when no other course can secure them , not onely passively , but actively resist their prince , in such his violent , exorbitant , tyrannicall proceedings ; without resisting any kingly , lawfull royall authority vested in the kings person for the y kingdomes preservation onely , not destruction ; because in , and as to these illegall oppressions , tyrannicall actions , not warranted , but prohibited by the lawes of god , and the realme , ( to whom he is z accountable , and by whom he is justly censurable for them ) he is no lawfull king , nor majestrate , but an unjust oppressing tyrant , and a meere private man , who ( as to these proceedings ) hath quite denuded himselfe of his just regall authority . so that all those wholsome lawes made by the whole state in parliament , for the necessary preservation and defence of their kings royall person , and lawfull soveraigne power ; the suppression of all insurrections , treasons , conspiracies and open warres against them , whiles they governe their people justly according to law ; * ( as all good princes are a obliged to doe by oath and duty ; ) or the open violent resisting of their lawfull authority and commands ; to which all subjects both in point of law and b conscience , ought cheerfully and readily to submit ; will yeeld no publike countenance , encouragement , or protection at all to kings , in their irregall , tyrannicall oppressions , or violent courses ; especially when they turne professed publike enemies to their people , proclaime open warre against them , invade their lawes , liberties , goods , houses , persons , and exercise all acts of hostilitie against them , as farre forth as the most barbarous forraigne enemies would doe : it being against all common sence and reason to conceive , that our parliaments , lawes which strictly inhibit and punish the very smallest violations of the publike peace , with all kinds of oppressions , robberies , trespasses , ba●t●ries , assaults , bloodsheds , fraies , murthers , routs , riots , insurrections , burglaries , rapes , plunderings , force-able entries , invasions of the , subjects liberties or properties , in all other persons , and greatest publike officers whatsoever ( whose c delinquences are so much the more hainous , d execrable and censurable , as their persons , honours , and places are more eminent ) should so farre countenance , justifie , or patronize them onely in the king , the supreame fountaine of iustice ( ad tutelam legis corporum & bonorum crectus , as fortescue , and sir e edward cooke resolve ; cujus potestas iuris est , & non injuriae ; & cum sit author iuris , non debet inde injuriarum nasci occasio , unde iura nasc●nt ur ; as f bracton , and g fleta determine ; ) as not to permit the subjects , under paine of rebillion and high treason , by force of armes , upon expresse command and direction of the whole kingdome in parliament , so much as to defend their persons , goods , estates , houses , wives , children , liberties , lives , religion , against the open violence of the king himselfe , or his malignant plundring , murthering papists , caveleers : when as kings of all others ( as h bracton , i fortescue , and k mariana prove at large ) both by oath and duty , ought to be more observant of , and obedient to the laws of god and their realmes ( which are l no respectors of persons ) then the very meanest of their subjects . that precept then of paul , rom. . . . . let every soule be subject to the higher powers , &c. and the statute of . e. . c. . with other obsolete acts , which declare it high treason , to levy warre against the king in his realme , must needs be intended of , and quallified with these subsequent just limitations , sutable to their genuine sense and meaning ; to wit , that as long , and so farre foorth , as kings justly and uprightly doe execute their just royall power , conferred on them by god and their people , according to the law of god , and their realmes , to the protection , encouragement and praise of all their good subjects , and the deserved punishment onely of malefactors ; they must and ought to be cheerefully obeyed , and quietly submitted to , as gods owne ministers , without the least resistance , private or publike ; neither ought any private men upon any private injuries , of their owne authority to raise up in armes against them , seeing they are publike magistrates in whom all the kingdome have an interest , without the generall assent and authority of the whole state and kingdome , or of both houses of parliment which represents it . but if kings degenerate into tyrants , and turne professed enemies to their kingdomes , parliaments , people , by making open warre against them ; by spoyling , murthering , imprisoning , maiming , sacking , destroying , or putting them out of their protections , without any just or lawfull grounds , endeavouring by force of armes to subvert their lawes , liberties , religion , and expose them as a prey to their mercilesse blood-thirsty souldiers ; or bring in forraigne forces to conquer them , ( our present case ; ) i dare confidently averre , it was never the thought nor intention of paul , or the holy ghost , much lesse of our nobles , prelats , and commons in parliament , which enacted these lawes ( who so oft tooke up armes , aswell offensive , as defensive , against our kings , in such like cases heretofore ) to inhibit subjects , kingdomes , parliaments ( especially , by direct votes and ordinances of both houses ) under paine of damnation , high treason , or rebellion , by defensive armes to resist kings themselves , or any of their cavalliers : and if this question had beene put to paul , peter , or any of those parliaments , which enacted these objected lawes ; whether they ever meant by these precepts or statutes , totally to prohibite all subjects , by generall assent in parliament , to take up such defensive armes , or make any forceable resistance , against their kings or their armies , in such cases of extremity and necessity as these , under the foresaid penalties ? i make little question , but they would have clearely resolved ; that it was never so much as within the compasse of their thoughts , much lesse their plaine intention , to prohibite such a resistance , in this or such like cases , but onely according to the precedent exposition of their words ; and that they never imagined to establish in the world any vnresistable lawlesse tyranny , or any such spoile or butchery of kingdomes , of subjects , execrable to god and man , in all persons , all ages , which have * resisted them even unto blood ; but rather totally to suppresse them ; there being scarce any more pregnant text , against the tyranny , the boundlesse prerogatives , the illegall proceedings of kings , and higher powers in all the scripture , th●● that of romans . . to . if rightly scanned , as pareus , and others o● it manifest . therefore the parliaments and peoples present defensive warre , and resistance against their seduced king , and his malignant popish cavalliers , is no violation of any law of god , of the realme ; but a just necessary warre , which they have to the uttermost endeavoured to prevent : and no treason , no rebellion at all within the meaning of any law , or statute , unlesse we should thinke our parliaments so mad , as to declare it high treason , or rebellion , even for the parliament and kingdome itselfe , so much as to take up armes for their owne necessary preservation , to prevent their inevitable ruine , when they are openly assaulted by royall armies ; which none can ever presume they would doe , being the very high way to their owne , and the whole kingdomes subversion . fiftly , admit the king should bring in forraigne forces ( french , spanish , danes , dutch , or irish ) to destroy , or conquer his subjects , parliament , kingdome , ( as some such forces are already landed , and more expected dayly ; ) and should join himselfe personally with them in such a service , i thinke there is no divine , lawyer , or true hearted englishman , so void of reason , or common understanding , as to affirme i● treason , or rebellion in point of law , and a matter of damnation in conscien●● , or true divinity , for the parliaments , subjects , kingdome , to take up necessary defensive armes for their owne preservation in such a case , even against the king himselfe , and his army of aliens ; but would rather deeme it a just , honourable , necessary action ; yea , a duty , for every english man to venture his life , and all his fortunes , for the defence of his owne dearest native countrey , posterity , liberty , religion ; and no lesse then a glorious m martyrdome , to dye manfully in the field , in such a publicke quarrell : the very heathens generally resolving ; that n dulce & decorum est pro patria mori : et mortes pro patria appetitae , non solum gloriosae rhetoribus , sed etiam beatae videri solent : in a case of this quallitie . whence that noble romane o camillus , professed to all the romanes in a publike oration ; patriae d●esse quoad vita suppetat , alijs turpe , camillo etiam nefas est. and is not there the selfesame equity , and reason , when the king shall raise an army of popish english , or irish rebels , malignants , delinquents , and bring in forraigners ( though yet in no great proporation ) to effect the like designe . if armed forceable resistance be no treason , no rebellion in law or conscience , in the first , it can be no such crime in our present case . sixty , i would demand of any lawyer , or divine : what is the true genuine reason ; that the taking up of offensive armes against , or offering violence to the person , or life of the king , is high treason , in point of law and divinitie ? is it not onely because , and as he is , the head and chiefe member of the kingdome , which hath a common interest in him ; and because the kingdome it selfe sustaines a publike prejudice and losse by this war against , and violence to his person ? doubtlesse ▪ every man must acknowledge this , to be the onely reason ; for if he were not such a publike person , the levying war against , or murthering of him , could be no high treason at all . and this is the reason , why the elsewhere cited statutes of our realme , together with our historians , make levying of warre , deposing , or killing the king by private persons , high treason ; not onely against the king , but the realme , and kingdome to ; witnesse the statutes of . r. . c. . . r. . c. . . . r. . c. . . r. . c. . . . . h. . parl. . c. . . h. . c. . . mar. c. . . e●iz . c. . . iaco. . . . . and the act of pacification this present parliament , ( declaring those persons of england and scotland traitors to either realme , who shall take up armes against either realme , without common consent of parliament ) which enact , the levying of warre against the kingdome and parliament , invading of england or ireland , treachery against the parliament , repealing of certaine acts of parliament , ill counselling the king , coyning false money , and offering violence to the kings person , to take away his life , to be high treason , not onely against the king and his crowne , but the realme to ; and those who are guilty of such crimes , to bee high traitors and enemies to the realme , p as well at to the king. hence iohn of gaunt , duke of lancaster , being accused in a parliament held in . r. . by a carm●lite frier , of high treason , for practising sodainely to surprise the king , and seize upon his kingdome ; the duke denied it , as a thing incredible upon this very ground ; if i should thus ( said he ) affect the kingdome : q is it credible after your murder ( which god forbid ) that the lords of this kingdome , could patiently endure me , domini mei et patriae proditorem , being a traitor both of my lord and covntrey ? hence in the same parliament of . r. . iohn walsh esquire captaine of cherburg in france , was accused by one of navarre , de proditione regis & regni , of treason against the king and kingdome ; for delivering up that castle to the enemies ; and in the r parliament of . r. . sir iohn annesley knight , accused thomas ketrington esquire , of treason against the king and realme , for betraying and selling the castle of saint saviour within the is●e of constantine in france , to the french , for a great summe of money , when as he neither wanted victuals , s nor meanes to defend it : both which accusations ( being of treasons beyond the sea ) were determined by battle , and duels fought to decide them . hence the great favourite , pierce gaveston , tanquam legum subversor , hosti● terrae publicus , & publicus regni proditor , capite truncatus est : and the two spensers after him , were in edward the second his raigne likewise banished , condemned , and executed , as traitors to the king and realme , et regni proditores for miscounselling and seducing the king , and moving him to make warre upon his people : hence both the t pierces , and the archbishop of yorke , in their articles against king henry the fourth , accused him , as guilty of high treason , and a traitor both to the king , realme and kingdome of england , for deposing and murthering richard the second . and hence the gunpouder conspirators , were u declared , adjudged , and executed as traitors both to the king & realme , for atte●pting to blow up the parliament house , when the king , nobles , and commons were therein assembled : if then the king shall become an open enemie to his kingdome , and subjects , to waste or ruine them ; or shall seeke to betray them to a forraigne enemy ( which hath beene held no lesse then treason in a king to doe , who by the expresse resolution of . h. . cap. . may become a traitor to the realme , and thereupon forfeit his very right and title● to the crowne ; ) it can be no treason nor rebellion in law or theologie , for the parliament , kingdome , subjects , to take up armes against the king and his forces , in such a case , when he shal wilfully and mali●iously rent himselfe from , and set himselfe in direct opposition against his kingdome ; and by his owne voluntary actions turne their common interest in him for their good and protection , into a publicke engagement against him , as a common enemy , who seekes their generall ruine . and if kings may lawfully take up armes against their subjects , as all royallists plead , after they reject their lawfull power , and become open rebels or traitors , because then as to this , they cease to be subjects any longer , and so forfeit the benefit of their royal protection : by the self-same reason ( the bond and stipulation being mutuall ; kings being their subjects x liege lords , by oath and duty , as well as they their liege people : ) when kings turne open professed foes to their subjects in an hostile warrelike way , they presently both in law and conscience , cease to be their kings de jure , as to this particular , and their subjects alleagiance thereby is as to this discharged , and suspended towards them , as appeares by the kings coronation oath , and the * lords and prelats conditionall fealty to king steven , so that they may justly in law and conscience resist their unlawfull assaults , as enemies ; for which they must onely censure their owne rash unjust proceedings , and breach of faith to their people , not their peoples just defensive opposition which themselves alone occasioned . seventhly , it must of necessity be granted ; that for any king to levie warre against his subjects , unlesse upon very good grounds of law and conscience , and in case of absolute necessity , when there is no other remedy left , is directly contrary to his very oath and duty , witnes the law of king edward the confessor , cap. . and coronation oathes of all our kings forementioned ; to keepe peace and godly agreement intirely , according to their power to their people ; contrary to all the fundamentall lawes of the realme , and the prologues of most statutes , intirely to preserve , and earnestly to indeavour the peace and welfare of their peoples persons , goods , estates , lawes , liberties ; contrary to the main tenor of all y sacred scriptures , which have relation unto kings ; but more especially to the kings . . . . and chron. . . . where when king rehoboam had gathered a very great army to fight against the ten tribes , ( which revolted from him for following his young counsellors advice , and denying their just request , and crowned ieroboam for their king ) intending to reduce them to his obedience by force of armes ; god by his prophet shemaiah expressely prohibited him and his army , to goe up , or fight against ●hem ; and made them all to returne to their owne houses without fighting ; and to isay . . . to . where god threatens , to cast the king of babilon out of his grave , as an abhominable branch , as a carcasse trodden under foot , ( marke the reason ) because thou hast destroyed thy land , and slaine thy people , to cut off from babylon his name and remembrance , and sonnes and nephewes : as he had cut off his peoples , though heathens . yea , contrary to that memorable speech of that noble roman * valerius corinus when he was chosen dictator , and went to fight against the roman conspirators , who toke up armes against their country . fugeris etiam honestius , tergumque civi dederis , quam pugnaveris contra patriam ; nunc ad pacificandum bene atque honeste inter primos stabis : postulate aequa et forte , quanquam vel iniquis standum est potius , quam impias inter nos conseramus manus , &c. if then a kings offensive warre upon his subjects , without very just grounds and unevitable occasions be thus utterly sinfull , and unlawfull in law and conscience ; and most diametrally contrary to the oath , office , trust and duty of a king , ( who by this strange metamorphosis a becomes a wolfe instead of a shepheard , a destroyer in liew of a protector ; a publike enemy in place of a common friend ; an vnnaturall tyrant , instead of a naturall king ) it followes inevitably ; that the subjects or kingdomes resistance and defensive warre in such a case , both by the law of god , of nature , of the realme , must be lawfull , and just ; because directly opposite to , the only preservative against that warre , which is unlawfull and unjust : and so no treason , nor rebellion ( by any law of god or man , ) which are illegall and criminall too . eightly , it is the received resolution of all b canonists , schoolemen , and civill lawyers ; that a defensive warre undertaken onely for necessary defence , doth not properly deserve the nam of warre , but onely of defence : that it is no levying of warre at all , ( which implies an active offensive , not passive defensive raising of forces , and so no treason nor offence within the statute of . e. . c. . as the parliament , the onely proper iudge of treasons , hath already resolved in point of law ) but a faculty onely of defence cuilibet omni iure , ipsoque rationis ductu permissa ; &c. permitted to every one by all law , ( or right ) and by the very conduct of reason , since to propulse violence and iniury , is permitted by the very law of nations . hence of all the seven sorts of warre which they make , they define the last to be , a just and necessary war quod fit se et sua defendendo ; and that those who d●e in such a war ( caeteris paribus ) are safe ( causa . qu. . ) and if they be slaine for defence of the common-wealth , their memory shall live in perpetuall glory . and hence they give this definition of a just warre . c warre is a lawfull defence against an immi e●t or praeceeding offence upon a publike or private cause , concluding : that if defence be severed from w●rre , it is a sedition , not warre ; although the emperour himselfe denounce it ; yea , although the whole world combined together . proclaime it : for the emperour , or king , can no more lawfully hurt another in warre , t●en he can take away his goods or life without cause . therefore let commentato s●b●awle et●rnally about warre , yet they shall never justifie nor prove it lawfull , nisi ex defensione legitima ; but when it proceeds , from lawfull defence , all warres be●●g rash and unjust , against those who justly defend themselves . this warre then being undertaken by the parliament , onely for their owne , and the kingdomes necessary defence , against the kings invasive armies and cavalliers ( especially , now after the kings rejection of all honourable and safe termes of peace and accommodation tendered to him by the parliament : ) must needs be just and lawfull ; and so no treason , nor rebellion , in point of law or conscience ; since no law of god , nor of the realme , hath given the king any authority or commission at all to make this unnaturall warre upon his parliament , his people , to enslave their soules and bodies , or any inhibition to them , not to defend themselves in such a ca●e . these generall considerations thus premised , wherein law and conscience walke hand in hand ; i shall in the next place lay downe such particular grounds for the justification of this warre , which are meerely legall ; extracted out of the bowels of our knowne lawes ; which no professors of them can contradict . first , it is unquestionable , that by the common and statute law of the land , the king himselfe , who cannot lawfully proclaime warre against a forraigne enemy , much lesse against his people , without his parliaments previous assent , as i have elsewhere proved ; cannot by his absolute soveraigne prerogative , either by verball commands , or commissions under the great seale of england , derive any lawfull or just authority to any generall , captaine , cavalliers , or person whatsoever , without legall triall and conviction , to seize the goods or chattels of any his subjects , much lesse , forcecibly to r●b , spoile , plunder , wound , beat , kill , imprison , or make open war upon them , without a most just and in●vitable occasion , and that after open hostility ) denounced agai●st them . and if any by vertue of such illegal commissions or mandats , assault , plunder , spoile , rob , beat , wound , slay , imprison , the goods , chattels , houses , persons of any subject not lawfully convicted ; they may , and ought to be proceeded against , resisted , apprehended , indicted cond●mned for it , notwithstanding such commissions , as trespassers , theeves , burglarers , felons , murderers , both by statute , and common law ; as is clearely enacted and resolved , by magna charta , cap. . . e. . stat. . cap. . . . . e. . cap. . . . e. . artic. super cha●tas , cap. . e. . c. . e. . cap. . . e. . cap. . r. cap. . . r. . ca . . h. . cap. . . r. . cap. . to . h. . cap. . . iacob . c. . against monopolies . the petition of right . . caroli . e. . c. . . e. . ca. . . e. . stat. . . e. . cap. . . . . r . cap. . and generally all satutes against purv●yers . ass. pl. . . b●o●ke commissions , . . fortescue , c. p. . . . . . . . e. . . . h. . . br. faux imprisonment , . . . e. . a tr. . h. . monstrans de faits stamford lib. . fol. . a. . a. the conference at the committies of both houses , ● . aprilis , ● . caroli , concerning the right and priviledge of the subject : newly printed . cooke lib. . fol . . lib. . fol . . lib. . fol. . to . iudge crooks and huttons arguments , against sh●pmoney , with divers other law-bookes . therefore the cavalliers can no waies justifie , nor excuse their wounding , murthering , imprisoning , assaulting , robbing pillaging , and spoiling of his majesties people and subjects , and making warre upon them , by vertue of any warrant or commission from the king ; but may justly and legally be apprehended , resisted , and proceeded against , as murtherers , rebels , robbers , felons , notwithstanding any pretended royall authority to countenance their execrable unnaturall proceedings . secondly , it is irrefragable , that the subjects in defence of their own persons , houses , goods , wives , families , against such as violently assault them by open force of armes , to wound , slay , beate , imprison , robbe , or plunder them ( though by the kings own illegall commission ) may not onely lawfully arme themselves , and fortifie their houses ( their castles in iudgement of law , ) against them ; but resist , apprehend , disarme , beat , wound , repulse , kill them in their just necessary defence ; not onely without guilt of treason , or rebellion , but of tresspas , or the very least offence ; and servants in such cases may lawfully justifie , not onely the beating , but killing of such persons , who assault their masters persons , goods , or houses ; as is expresly resolved by the statute of . e. . de malefactoribus in parcis ; by . h. . cap. . fitzherbert , corone , . . . . . . . h. . trespas , . stamford , lib. . cap. . . . . ass. . . h. . . a. . h. . b. . h. . . a. . e. . . b. . e. . . a. . h. . . b. brooke , coron . & tr●spas . therefore they may justly defend themselves , resist , oppose , apprehend , and kill his majesties cavalliers , notwithstanding any commissions , and make a defensive warre against them ; when as they assault their persons , houses , goods , or habitations , without any treason , rebellion , or crime all against the king or law. thirdly , it is past dispute , that the sheriffes iustices of peace , mayors , constables and all other officers of the realme , may and ought by our lawes and statutes to raise the power of the counties and places where they live , and command all persons to arme themselves to assist them upon their command , when they see just cause ( which commands they are all bound to obey under paine of imprisonment and fines , for their contemptuous disobediene herein : ) to suppresse and withstand all , publicke breaches of the peace , riots , routs , robberies , ●raies , tumults , forcible entries , and to apprehend , disarme , imprison , and bring to condigne punishment all peace-breakers , riotors , trespassers , robbers , plunderers , quarrellers , murtherers , and forces met together , to doe any unlawfull hostile act , ( though by the kings owne precept : ) and in case they make resistance of their power , they may lawfully kill and slay them without crime or guilt , if they cannot otherwise suppresse or apprehend them : yea , the sheriffes , and all other officers may lawfully raise and arme the power of the county to apprehend delinquents , by lawfull warrants from the parliament , or processe out of other inferiour courts of iustice , when they contemptuously stand out against their iustice , and will not render themselves to a legall triall ; in which service all are bound by law to assist these officers , who may lawfully slay such contemptuous offenders , in case they cannot otherwise apprehend them . all which is enacted and resolved by . e. . cap. . . ed. . cap. . . r. . cap. . . r. . cap. . . . r. . cap. . . r. . cap. . . h. . cap , . . h. . cap. . . h. . cap. . . . h. . cap. . . e. . cap. . . mar. cap. . . h. . cap. . . e. . fitz execution , . . h. . . a. . ass. . . h. . fol. . . . h. . fol. . register , f. . . . fitz. coron . . . . . . stamford , lib. . cap. . . cooke lib. . fol. . . . with sundry other bookes , and acts of parliament , and walsingham , hist. angliae , pag. . . yea , the statute of . ed. . cap. . recites ; that such resistance of processe out of any the kings courts ( much more then out of the highest court of parliament ) redounds much to the dishonour of the king and his crowne ; and that such resisters shall be imprisoned and fined , because they are desturbers of the kings peace , and of his realme . and the expired statute of . h. . cap. . enacted : that if any duke , marquesse , earle , viscount , or baron , complained of for any great riots , extortions , oppressio●s , or any offence by them done against the peace and lawes , to any of the kings liege people , should refuse to obey the processe of ●he kings court , under his great or privie seale , to him directed , to answer his said offenes ; either by refusing to receive the said processe , or despiting it , or withdrawing h●mselfe for that cause , and not appearing after proclamation made by the sheriffe in ●he county ; at the day prescribed by the proclamation ; that then hee should for this his contempt , forfeit and lose all his offices , fees , annuities , and other possessions that he , or any man to his use , h●th of the gift or grant of the king , or any of his progenitors , made to him or any of his ancestors : and in case he appeares not upon the second proclamation on the day therein to him limited ; that then he shall lose and forfeit his estate and place in parliament , and also all the lands and tenements wh●ch he hath , or any other to his use for terme of his life , and all other persons having no lands not appearing after proclamation , were to be put out of the kings protection , by this act. such a heinous offence was it then repu●ed , to disobey the processe of chancery , and other inferiour courts of iustice even in th● greatest peeres ; how much greater crime then is , and must it be , contemptuously to disobey the summons , processe , and officers of the parliament it selfe , the supremest court of judicature , especially in those who are members of it , and stand engaged by their protestations , trusts , and places in it , to maintaine its honour , power , and priviledges to the uttermost ? which many of them now exceedingly vilifie , and trample under feete : and therefore deserve a severer censure then this statute inflicts ; even such as the act of . r. . c. . prescribed to those nobles unjustly fore judged in that parliament ; that their issues males now begotten shall not come to the parliaments , nor to the councells of the king nor his heires ; nor be of the kings counsell nor of his heires ; therefore it is undubitable , that the sherifes , iustices of peace , majors , constables , leivtenantes , captaines , and other officers in every county through the realme , may by their owne authority ( much more by an ordinance and act of association of both houses ) raise all the power of the county , & all the people by vertue of such commands may lawfully meete together in armes to suppresse the riots , burglaries , rapines , plunders , butcheries , spoyling , robberies , and armed violence of his majesties cavaleers ; and apprehend , imprison , slay , arraigne , execute them as common enemies to the kingdomes peace and welfare , even by the knowne common law , and statutes of the realme , and feise delinquents notwithstanding any royall commission or personal commands they may or can produce . fourthly , it is most certaine , that every subject by the very common law of the realm , ( yea law of nature ) as he is a member of the state and church of england , d is bound both in duty and conscience , when there is necessary occasion , to array and arme himselfe to resist the invasions , and assaults of o●en enemies of the realme , especially of forraigners , e as is cleare by infinite * presidents , cited by the kings owne councell , and recited by iudge crooke in his argument concerning ship-money ; in both the houses two remonstrances and declarations against the commission of array ; and the answer of the first of them in the kings name ; all newly printed ( to which i shall referre the reader for fuller satisfaction : ) and by the expresse statutes of e. . c. . . e. . c. . and . h. . c. . the reason is from the originall compact and mutuall stipulation of every member of any republicke , state or society of men for mutuall defence one of another upon all occasions of invasion , made at their first association and incorporation into a republike , state , kingdome , nation , of which we have a pregnant example , iudg. . . to . if then the king himselfe shall introduce forraigne forces and enemies into his realme to levie war against it , or shall himself become an open enemie to it ; the subjects are obleiged , by the self-same reason , law , equity , especially upon the parliaments command , to arm themselves to defend their native country , kingdome against these forraigne and domesticke forces , and the king himselfe if he joyne with them ; as farre forth as they are bound to doe it upon the kings own writ and commission , in case he joyned with the parliament and kingdome against them ; the necessary defence and preservation of the kingdome and themselves ( and of the king onely so farre forth as he shewes himselfe a king and patron , not an enemie of his kingdome , and subjects , ) being the sole ground of their engagement in such defensive warres : according to this notable resolution of cicero , f omnium societ●tum nulla est gratior ; nulla cari● quàm ea quae 〈◊〉 re●ublica est unicuique nostrum cari sun● pare●t●s , cari liberi , propinqui , familiares , sed omnes omnivm caritates patria vna complexa est , iro qua quis bonus dubit●t mortem oppetere ; si ei sit profuturus ? quo est detestabilior illorum immanitas , qui lacerant omni scelere patriam , & n●a fun●itus delenda occupati & sunt & fuerunt : and seeing kings themselves as well as subjects are bound to g hazard their lives for the preservation of their kingdomes , and peoples safetie ; and not to endanger the ruine of the kingdome and people to preserve their owne lives and prerogatives , as i have elsewhere manifested ; it cannot be denyed , but that every subject , when the king is unjustly divided against his kingdome , parliament , and people , is more obleiged to joyne with the kingdome , parliament , and his native dearest countrey , ( who are most considerable ) against the king ; than with the king against the● ; and rather in such a case than any other , because there is lesse neede of helpe , and no such danger of ruine to the whole realme and nation , when the king joynes with them against forraigne invading enemies ; as there is when the king himselfe becomes an open intestine foe unto them , against his oath and duty : and the h peop●es safety being the supremest law , & the houses of parliament the most soveraigne authoritie , they ought in such unhappie cases of extremitie and division to oversway all subjects , to contribute their best assistance for their necessary just defence , even against the king himself and all his partisans , who take up hostile armes against them , and not to assist them to ruine their owne country , kingdome , nation , as many as now over-rashly do . fifthly , i conceive it cleare law , that if the king himselfe , or his courtiers with him , shall wrongfully assault any of his subjects to wound , rob , or murther them without just cause , that the subjects , without any guilt of treason or rebellion , may not onely in their owne defense resist the king and his courtiers assaults in such a case , and hold their hands ( as i doctor ferne himselfe accords ) but likewise close with , and disarme them ; and if the king or his courtiers receive any blowes , wounds , in such a case ; or be casually slaine , it is neither treason nor murder , in the defendants , who had no treasonable nor murtherous intention at all in them , but onely endeavoured their own just defence , attempting nothing at all against the kings lawful royall authority : as is cleare by all law k cases , of man slaughter , se defe●dendo , and to put this out of question , i shall cite but two or three cases of like nature . it hath beene very l frequent with the kings of england , france , and o●her princes , for triall of their man hood , 〈◊〉 runne at iousts , and fight at barriers , not onely with forraigners , but with their owne valiantest l●rds and knights , of which there are various examples . in these martiall disports , by the very law of armes , these subjects have not onely defended themselves against their kings assaults and blowes ; but retorted lance for lance , stroke for stroke , and sometimes unhorsed , disarmed , and wounded their kings , our m ki●g henry the eight , being like to be slaine by the earle of ●uffolke , at a 〈◊〉 in the . yeare of his reigne : and no longer since then the yeare . henry the d , king of france , was casually slaine in a ioust by the earle of mountgommery , his subject , ( whom hee commanded to iust one bout more with him against his will ) whose speare in the counter-blow ran so right into one of the kings eyes , n that the shivers of it peirced into his head , perished his braine and slew him : yet this was iudged no treason , fellony , nor offence at all in the earle , who had no ill intention . if then it hath ever beene reputed lawfull and honourable , for subiects in such militarie exercises , upon the challenges of their kings , to defend themselves couragiously against their assaults , and thus to fight with and encounter them in a martiall manner , though there were no necessity for them to answer such a challenge ; and the casuall wounding or slaying of the king by a subiect in such a case be neither treason nor fellony : then much more must it be lawfull by the law of armes , nature , and the kingdome , for the parliament and subjects in a necessary , just , unavoydable warre , to defend , resist , repulse the kings and his cavaleers personall assaults , and returne them blow for blow , shot for shot , if they will wilfully invade them ; and if the king or any of his forces miscarry in this action , they must ( like king o hen●y the th when endangered by tilting ) blame themselves alone , and have no other just legall remedie but p●tience , it being neither treason , rebellion , nor murther in the defensive party , and most desperate folly and frenzie in any prince , to engage himselfe in such a danger , when he neede not doe it . i reade of p charles the first of france ; that he fell sodainely destracted upon a message he rec●ived from an old poore man , as he was marching in the head of his army ; and thereupon thinking himselfe betray●d incountred his owne m●n , and slew two or three of them●ere they were ware of him , wounding others . whereupon they closing with him , dis●rmed and led him away forceably , keeping him close shut up like a bedlam , ●ill he recovered his senses . i thinke no man in his right wits , will deeme t●is their action treasonable or unlawfull ; neither did the king or any in that age thus repute it . if then a king in an angry franticke passion ( for q ir● brevius furor est ; ) shall take up armes against his loyall subjects , and assault their persons to murther them and spoyle their goods ; if they ( by common consent in parliament especially ) shall forcibly resist , disarme or restraine his person , till his fury be appeased , and his judgement rectified by better councells ; shall this be treason , rebellion , or disloyaltie ? god forbid : i thinke none but mad men can or will averre it . it was a great doubt in law , till the statute of . h. . c. . setled it , if a party that had committed any high treasons when he was of perfect memory ; after accusation , examination , and confession thereof be●came madde or lunaticke ; where he should b● tried and condemned for it during this distemper ? and some from that very act ( and . h. . . . ass . . h. . for faiture and dower . fitz. nat. br. . d. stamford pleas , . b. and cooke . l. . f. . beverlyes case , which resolve , that a lunaticke or non compos cannot be guilty of murther , feloney , or petite treason , because having no understanding , and knowing not what he doth , he can have no fellonius intention ) conceive , that a reall mad-man cannot be guilty of high treason ( though sir edward cooke in bev●rlies case , be of a contrary opinion ) if he should assault or kill his king . and i suppose few will deeme r walter terrils casuall killing of king william rufus with the glance of his arrow from a tree , shot at a deere , high treason ; neither was it then reputed so , or he prosecuted as a traytor for it , because he had no malicious intention ( as most thinke ) against the king , or any thought to hurt him . but i conceive it out of question , if a king in a distracted furious passion without just cause , shall invade his subjects persons in an open hostile manner to destroy them ; it neither is , nor can be treason nor rebellion in them , if in their owne necessary defence alone , they shall either casually wound or slay him contrary to their loyall intentions ; and those s statutes and law-bookes which judge it high treason , for any one maliciously and trayterously to imagine , compasse or conspire the death of the king ; will not at all extend to such a case of meere just defence ; since a conspiracie or imagination to compasse or procure the kings death , can neither be justly imagined nor presumed , in those who are but meerely defensive , no more then in other common cases of one mans killing another in his owne inevitable defence without any precedent malice ; in which a pardon by law , is granted of course : however , questionlesse it is no treason nor murther at all to slay any of the kings souldiers and 〈◊〉 who are no kings , in such a defensive warre . sixthly , suppose the king should be captivated , or violently led away by any forraign or domesticke enemies to him and the kingdome , and carried along with them in the field , to countenance their warres and invasions upon his loyallest subjects , by illegall warrants or commissions fraudulently procured , or extorted from him . if the parliament and kingdome in such a case , should raise an army to rescue the king out of their hands , and to that end encountring the enemies , should casually wound the king whiles they out of loyalty sought onely to rescue him ; i would demaund of any lawyer or divine , whether this act should be deemed treason , rebellion or disloyalty in the parliament or army ? or which of the two armies should in point of law or conscience be reputed rebells or traytors in this case ? those that come onely to rescue the king , and so fight really for him indeed , though against him in shew ; and wound him in the rescue ? or those who in shew onely fought for him , that they might still detaine him captive to their wills ? doubtlesse there is no lawyer , nor theologue but would presently resolve in such a case , that the parliaments army which fought onely to rescue the king were the loyall subjects ; and the malignants army who held him captive with them , the onely rebels and traytors ; and that the casuall wounding of him ( proceeding not out of any malicious intention , but love and loyalty to redeeme him from captivity , ) were no trespasse nor offence at all , being quite besides their thoughts : and for a direct president ; it was the very case of king t henry the third ; who ( together with his sonne prince edward ) being taken prisoner by the earle of leycester in the battle of lewis , and the earle afterwards carrying him about in his company in nature of a prisoner , to countenance his actions , to the great discontent of the prince , the earle of glocester and other nobles ; hereupon the prince and they raising an army , encountred the earle , and his forces in a battle at evesham where the king was personally present , slew the earle , routed his army , and rescued the king ; in this cruell battell , the u king himselfe ( being wouded unawares with a iavelin , by those who rescued him ) was almost slaine , and lost much of his blood : yet in a parliament soone after sommoned at winchester , anno . the earle and his army were dis-inherited as traytors and rebels ; but those who rescued them though with danger to his person , rewarded as his loyall subjects . and is not this the present case ? a company of malignant ill councellors , delinquents , prelates , papists , have withdrawne his majestie from his parliament , raised an army of papists , forraigners , delinquents and male-contents , to ruin the parliament , kingdome , religion , lawes , liberties ; to countenance this their designe , they detaine his majestie with them , and engage him all they can on their side : the parliament out of no disloyall intention , but onely to rescue his majesties person out of their hands , to apprehend delinquents , preserve the kingdome from spoyle , and defend their priviledges , persons , liberties , estates , religion , from unjust invasion , have raised a defensive army , which encountred these forces at edgehill , ( where they say the king was present ) slew the lord generall ( earle of lindsey ) with many others ; and as they never intended , so they offered no kind of hurt or violence at all to his majesties person then or since ; and now full sore against their wils , petitions , endeavours for peace , they are necessitated to continue this offensive warre , for their owne and the kingdomes necessary preservation . the sole question is ; whether this act , this defensive warre of the parliament and their forces be high treason or rebellion ? and who are the traytors and rebells in this case ? certainly , if i understand any law or reason , the parliament and their forces are and must be innocent from these crimes ; and their opposite popish malignant cavaleers , the onely rebels and traytors ; as this parliament ( the onely proper judge of treasons ) hath x already voted and declared them in point of law. seventhly , it is * littleto●s and other law-bookes expresse resolutions ; that if a man grant to another the office of a parkership , of a parke for life , the estate which he hath is upon condition in law ( though not expressed ) that he shall well and lawfully keepe the parke , and doe that which to his office belongeth to doe , or otherwise it shall be lawfull for the grantor and his heires to remove him , and grant it to another if he will : and if the parker negligently suffer the deere to be killed , or kill the deere himselfe without sufficient warrant from his lord , it is a direct forfaiture of his office. if then a keeper of forrester cannot kill or negligently suffer his deere to be killed ( no nor yet destroy the vert on which they should feed , or suffer it to be destroyed ) without forfaiture of his office , even by a condition annexed to his office by the very common law ; shall a king , thinke you , lawfully murther , plunder and destroy his subjects , his kingdome , without any forfaiture or resistance at all ? or will the common law of the land in such a case which provides and annexeth a condition to the office of a parker , not much more unite it to the royall office of a king , ( who is but a regall keeper , or * sheepheard of men , of christians , of free men , not of slaves ) for the subjects preservation and security ? doth the common-law thus provide for the safety , the liberty , welfare of our beasts , yea our wilde beasts , are our deere so deare unto it , and will it not much more provide for the security of our owne persons , lives , liberties , estates ? shall not these be dearer to it than our deere ? how many * riged lawes have beene anciently , and of late yeares made , against the killing , the destroying of the kings , the subjects deere in forrests and parkes , for which some have lost their liberties , lives , members ? and shall not the lawes for the preservation of the subjects lives , liberties , estates be more inviolably observed , more severely prosecuted ? may a forrester , warrener , or keeper of a parke lawfully beate and kill another in defence of his deere and other game , without any penalty or forfaiture at all , enjoying the kings peace as before this fact , by the expresse statute of . e. . rastall forrests . and stamfords pleas , l. . c. . . and cannot a poore subject defend his owne person , family , house , goods , libertie , life , against the kings forces , or cavaleers without the danger of treason or rebellion , if the king himselfe be present with them , or they come armed with his unjust commission ? certainely this is a too absur'd , irrationall , beastiall opinion for any to beleeve . it is our saviours own doubled argument , mat. . . luke . . behold the fowles of the ayre , and consider the ravens , for they neither sow nor reape , neither have store-house , nor barne ; yet your heavenly father feedeth them : are not yee mvch better then they ? then fowles ? and luke . . . mat. . . . . are not two sparrowes sold for a farthing ? and not one of them shall fall to the ground without your father : but the very haires of your head are all numbred : feare ye not therefore ; ye are of more valve then many sparrowes and the apostle hath the like argument , cor. . . . doth god take care for oxen ? or saith he it no● altogether for our sakes ? for our sakes , no doubt this is written , &c. * men are the soveraigne lords of all the creatures , of farre more excellencie and dignity then all , ●r any of them ; especially christian men ; whence the apostle paul gives this strict charge to the elders of ephesus ( belonging as well to kings as ministers ) act. . . take heed therefore unto all the flocke over which the holy ghost hath m●de you over-seers to feed the church of god which he hath purchase● with his owne blood : and god himselfe hath given this expresse inhibition even to * kings themselves , concerning his and their peoples safety ( most strangely inverted by flattering divines , quite contrary to the words and meaning : ) touch not mine anointed , and do my prophets no harme . and shall not men then made after gods owne image ; men redeemed and purchased by the blood of christ ; men made * kings and priests to god their father , whom god himselfe hath expressely prohibited kings themselves to touch or harme ; not be allowed liberty to defend their persons , houses , lives , liberties , without offence or treason , against kings or any their cavaleers assaults , by the law of god , the common or statute law of the realme ; when as their very keepers , warreners , forresters may lawfully resist , and slay them to without crime or punishment , if they should offer but to kill , to steale their deere or connies ? are they not much better , much dearer to god , to kings , then foules ? then sparrowes ? then oxen ? then deere ? and their lives , their blood more precious then theirs ? surely the scripture is expresse : that * precious in the sight of the lord is the blood the death of his saints ; and therefore * he that sheddeth mans blood ( be he whom he will in an unlawfull way ) by man shall his blood be shed ; if not in a judiciall way , yet by way of just defence , as christ himself expounds it , mat. . . all they that take the sword , shall perish with the sword : and rev. . he that killeth with the sword , mvst be killed with the sword ; ( no doubt he may be killed by way of necessary defence ; ) then it immediately followes ; here is the patience and faith of the saints : that is , saints will and must patiently endure many pressures and wrongs from tyrants and oppressors without resistance , but if they once come to make warre with them , as the seven headed beast there did v. . then both the faith and patience of the saints themselves will binde their hands no longer , but give them free liberty in such an extremity ( for their owne and the churches preservation , in their just defence ) to slay those seven headed beasts that shall assault them ; the very faith of christ then teacheth them no other lesson but this : he that lead●th into captivitie shall goe in●o captivitie , and he that killeth with the sword must be killed with the sword : and in such a case , god saith , psal. . . . . . let a two edged sword be in their hands , to execute vengeance upon the heathen , and punishment upon the people : to 〈◊〉 their kings with chaines and their nobles with fetters of iron ; to execute upon them the judg●ment written : this honour ( this priviledge in such cases ) have all the saints , praise ye ●he lord. and very good reason is there for it . for as nature it selfe hath instructed lyons , beares , wolves , boares , stagges , backes , and most other beasts , not onely to defend themselves against the violence of one another , but even of men their supreame lords , when they assault and hunt them to take away their lives , over which god hath given men a lawfull power : much more then may men by natures dictate , defend their persons , lives against the unlawfull violence of their kings or armies ( over which god hath given them no power at all but in a legall way of justice for capitall offences ) when they assault or make warre upon them to destroy them . not to trouble you with histories of stagges and other beasts which have killed men th●t chased them , in their owne defence , of which there are infinite examples in the * roman and spanish histories , in those amphithreatricall sports and spectacles wherein men encountred and fought with lyons , tygers , beares , buls and other savage b●asts ; i shall onely recite some few examples even of kings themselves , who have beene slaine and devoured by such beasts as they have chased : * mad●● king of britain ( as polycronicon fabian , grafton and others record ) being in his disport of hunting , was slain of the wilde beasts he pursued , when he had reigned . yeares : so was his sonne king mempris slaine and destroyed in hunting in the same manner . merind●● king of brittaine , was devoured by a sea monster which he encountered : and * basilius the . emperour of constantinople hunting a stag , of an extraordinary greatnesse , and thi● king to cut off his necke with his sword ; the stagge ranfiercely at him , gored him with his hornes on which he tossed him , bruised his entralls , whereof he dyed some few dayes after , and had beene slaine immediately , on the beasts hornes , had not one there present drawne his sword and cut off his girdle , by which he hung on the hornes , to whom he gave a very ill requitall for this loyall service : other stories of kings slaine by beasts in their owne defence occure in story , and examples of kings slaine by men in and for their preservation , are almost innumerable : that of our king * edmond is observable among others , who as our historians write being at a feast at pulkers church on saint augustines day , espied a theefe named leof , whom he had formerly banished , sitting in the hall , whereupon he leapt over the table , assaulted leof , and plucked him by the haire of the head to the ground ; who in his owne defence , wounded the king to death with a knife , hurt many of his servants , and at length was himselfe hewen all in peeces . but that of our king * richard the . is more remarkeable , who being shot in the arme with a barbed arrow by one peter basil , ( or bertram gurdon as others name him ) at the siege of chaluz castle in aquitain which rebelled against him ; the castle being taken , and the king ready to dye of the wound , commanded the person that shot him to be brought into his presence , of whom he demanded , what hurt he had done him that provoked him to this mischiefe ? to whom he boldly replyed : thou hast killed my father and my two brothers with thine own hand ; and now wouldest have slain me : take what revenge thou wilt ; i shall willingly endure what ever torture thou canst inflict upon me , in respect i have slaine thee , who hast done such and so great mischiefe to the world . the king hearing this his magnanimous answer , released him from his bonds , ( though he slew the rest ) and not onely forgave him his death , but commanded an hundred shillings to be given him . if then bruites by the very law of nature have thus defended themselves against kings , who have violently assaulted them , even to the casuall death of the assailants : why men by the selfesame law , may not justly defend themselves against the unjust assailing warres of their princes , and armies , without treason or rebellion , exceeds my shallow understanding to apprehend : and i doubt those very persons who now plead most against it , onely to accomplish their owne pernicious designes , would make no scruple of such a necessary defensive wars and resistances lawfulnesse , were the case but really their own ; and those papists and cavalieers who now take up armes against the parliament , the supreamest lawfull power in the realme , and their owne native country , without checke of conscience , would doubtlesse make no bones at all forcibly to resist or fight against the king himselfe , should he but really joyne with the parliaments army , against them and their designes ; there being never any souldier or polititian , but those onely who were truely sanctified and religious , that made any conscience of fighting against , yea murthering of his naturall king , not onely in a lawfull defensive warre , but in a trayterous and r●bellious manner too , if he might thereby advantage or promote his owne particular interests , as is evident by the councell and speech of davids souldiers , and king saul himselfe . sam. . . . . . . . . by the words of abishai , to david , sam. . . . . . by the councell of achitophell , which pleased absolon , and all the elders of israel well , sam . . . . ▪ and the infinite number of emperours , of kings , which have beene trayterously , and rebelliously slaine , without any just occasion by their own souldiers , and that in a meere offensive , not defensive way ; above halfe the roman , grecian , and german emperours dying of such assassinations , or poysonings , very few of them of meere naturall deathes , as the histories of their lives declare . eighthly , it is in a manner agreed by y historians , polititians , and divines , that if a king will desert the defence and protection of his people in times of warre and danger , and neither ayde nor protect them against their enemies according to his oath and duty , they may in such a case of extremity , for their owne necessary defence and preservation , desert him , who deserteth them , and elect another king , who can and will protect them from utter ruin . vpon this very ground the z brittons of this nation after many hundred yeares subjection to the roman emperors , rejected their yoake and government , when they refused and neglected to defend them against the barbarous picts and others , who invaded them , when they had oft craved their assistance ; electing them other patriots : so the a spaniards being deserted by the roman emperors and left as a prey to their enemies ; abandoned their government , and elected them kings of their owne to protect them , which they justified to be lawfull for them to doe . and in like manner the romans and italians being forsaken of the emperour constantine , when they were invaded by b aistulfus king of the lumbards ; elected charles the great for their emperour , and created a new empire in the west , distinct from that of constantinople in the east , which bishop bilson himselfe concludes they might lawfully doe , in point of conscience . so c childerick being unfit to governe , and unable to repulse the enemies of the french which invaded his territories ; thereupon by the advise of pope zachary , and of a whole synod and parliament in france , they deposed childericke , and elected p●pin for their king , who was both able and willing to protect them ; vpon this very ground the d emperours charles the third , and wencestius were deposed , as being unable and unfit to defend and governe the empire , and others elected emperors in their steeds , thus * mahomet the blinde , king of granado , was in the yeare . deposed by his owne brother , nobles , and subjects , who were discontented to be governed by a blinde king , who could not lead them to the warres in person . and * ethodius the d king of scotland , being dull of wit , given to avarice , and nothing meete to governe the realme ; thereupon the nobles tooke upon them the governmēt , appointing rulers in every province , & so continued them all his reigne , leaving him nothing but the bare title of a king , ( not depriving him thereof , out of the respect they gave to the family of fergusius ) but yet taking away all his regall power . and not to multiply cases or examples of this nature : e andrew favine in his theatre of honour , out of the chronicle of laureshe●m and a●monius in his th booke of the history of france , relates a notable resolution given by the parliament & estates of france in this very point . in the yeare . lewes the de●onnaire king of france holding his parliament in may , there came thither from strange provinces two brethren , kings of vuilses , who with frank & free good will submitted themselves to the judgement of the said ●arliament , to which of them ▪ the kingdome should belong . the elder of these two brethren was named miligastus , and the yonger celea●raeus , now albeit the custome of the said kingdome , adjudged the crowne to the eldest , according to the right of 〈◊〉 allowed and practised by the law of nature , and of later memory , in the person of the last dead king liubus , father to the two contendants ; yet notwithstanding in regard that the subjects by universall consent of the kingdome , had rejected the elder brother for his cowardise and evill government ( cum secundam ritum ejus gentis commissum sibi regnum parum digne administraret ) and had given the crown to the younger brother for his valovr & discreete carriage ; after full hearing of both parties , by sentence of parliament , the kingdome was adjudged to the younger brother , ( stat●●t ut junior frater delatam sibi à populo suo pot●statem haberet , &c ) and thereupon the eldest did him homage , with oath of alleigance in the said parliament , and submitted to this sentence . and upon this very ground in f some of our ancient british and saxons kings reignes ▪ when the right heire to the crowne was an infant , unable to defend his kingdome and people against invading enemies , the crowne hath commonly descended to the vncle or next heire of full age , who was able to protect them and repulse their enemies , till the right heire accomplished his compleat age , as i have elsewhere manifested . if then a kingdome by generall consent ; may elect a new king to defend and preserve it , in case of invasion and eminent danger of ruine by forraigne enemies , when their present king either cannot , or will not doe his duty in protecting them from their enemies , and exposeth them for a prey to their devastations , as these examples and authorities conclude they may , though i will not positively determine so . then certainely by equall , semblable and greater reason , subjects may lawfully take up necessary defensive armes against their kings , when they shall not onely desert , but actually invade and wage warre against them , destroy and wast them in an open hostile manner , and handle them as cruelly as the worst of enemies : such a wilfull unnaturall hostile invasion , being farre worse than any cowardly or bare desertion of thē when they are invaded by a forraign enemy . and if kings in case of ●ot●ishnesse or lunacy may be lawfully deposed from their kingdomes by common consent of their realmes , when they are altogether unfit or unable to governe , as bishop bilson asserts , and i have manifested elsewhere : then much more may they be lawfully resisted by force without guilt of treason or rebellion , when they wilfully and maliciously , contrary to their oath and duty , cast off their royall governments , the protection of their subjects , and wage open warre against them , to enslave or ruine them . if a father shall violently and unjustly assault his sonne , a husband his wife , a master his servant , a major or other inferior officer , a citizen to murther , maime , or ruine them ; they may in such a case by g the law of nature , god , man , resist , repulse them in their owne defence without any crime at all , as dayly practise experimentally manifests ; yea they may sweare the peace against them , and have a writ h de securitate pacis in such cases . therefore by the selfefame reason they may resist the king and his army in like cases ; there being no more humane nor divine law against resistance in the one case , than in the other . finally , it is the resolution of i iohn bodin and others , who deny the lawfulnesse of subjects taking up armes against their soveraigne prince , or offering violence to his person , though he become a tyrant : that if a soveraigne prince or king by lawfull election or succession turn● a tyrant , he may lawfully ( at his subjects request ) be invaded resisted , cond●m●ed or slaine by a forraigne prince . for as of all noble acts , none is more honourable or glorious , then by way of fact to defend the honour , goods , and l●ves of such as are unjustly oppressed by the power of the more mighty , especially the gate of iustice being shut against them : thus did moses seeing his brother the israelite beaten and wronged by the egyptian , and no meanes to have redresse of his wrongs : so it is a most faire and magnificall thing for a prince to take up armes to releive a whole nation and people , unjustly oppressed by the cruelty of a tyrant : as did the great hercu●es who travelling over a great part of the world with wonderfull power and valour destroyed many most horrible monsters , that is to say , tyrants ; and so delivered people , for which he was numbred among the gods , his posterity for many worlds of yeares after , holding most great kingdomes . and other imitators of his vertue as dio , timoilion , aratus , harmodius , aristogiton , with other such honourable princes , bearing titles of chastisers , and correctors of tyrants . and for that onely cause tamerlain emperour of the tartars , denounced warre unto * bajazet king of the turkes , who then besieged constantinople , saying , that he was comming to chastise his tyrannie , and to deliver the afflicted people ; and vanquishing him in battle , routed his army , and taking the tyrant prisoner , he kept him in chains in an iron cage till he dyed . neither in this case is it materiall that such a vertuous prince being a stranger , proceede against a tyrant by open forc● , or fiercenesse , or else by way of justice . true it is that a valient and worthy prince , having the tyrant in his power , shall gaine more honour by bringing him unto his tryall , to chastise him as a murtherer a manqueller , and a robber ; rather than to use the law of armes against him . wherefore let us resolve on this , that it is lawfull for any stranger ( prince ) to kill a tyrant , that is to say , a man of all men infamed , and notorious for the oppression , murder , and slaughter of his subjects and people . and in this sort , our * queene elizabeth ayded the low-countries against the tyrannie and oppressions of the king of spainte and the king of sweden of late yeares the princes of germany against the tyranny and usurpations of the emperor , upon their sollicitation . if then it be thus lawfull for subjects to call in forraigne princes to releeve them against the tyrannie and oppressions of their kings ( as the barons in * king iohns time prayed in ayde from philip and lewis of france against his tyrannie ) and those princes in such cases , may justly kill , depose , or judicially condemne these oppressing kings and put them to death . i conceive these whole kingdomes and parliaments may with farre better reason , lesse danger , and greater safety to themselvs , their kings and realmes take up defensive armes of their owne to repulse their violence . for if they may lawfully helpe themselves and vindicate their liberties from their kings encroachments by the assistance and armes of forraigne princes who have no relation to them , nor particular interest in the differences betweene their kings and them , which can hardly be effected without subjecting themselves to a forraigne power ; the death or deposition of the oppressing king : much more may they defend and releeve themselves against him by their owne domesticke forces , if they be able , by generall consent of the realme ; because they have a particular interest and ingagement to defend their owne persons , estates , liberties , which forraigners want ; and by such domesticke forces may prevent a forraigne subjection , preserve the life of the oppressing prince , and succession of the crowne in the hereditary line ; which * forraigne armies most commonly endanger . and certainely it is all one in point of reason , state , law , conscience , for subjects to relieve themselves , and make a defensive warre against their soveraigne by forraigne princes armes , as by their owne : and if the first be just and lawfull , as all men generally grant without contradiction ; and bract●n to l. . c. . i see no colour but the latter must bee just and lawfull too , yea then the first rather , because lesse dangerous , lesse inconvenient to king and kingdome . from reasons , i shall next proceed to punctuall authorities . not to mention our ancient h brittons taking up of armes by joint consent , against their oppressing , tyrannizing kings a●chigallo , emerian , and vortigern , whom they both expelled and deposed , for their tyranny and mis-govenment ; nor our saxo●s . ray●sing defensive forces against king sigebert , osred , ethelred , beornard , ceolwulfe and edwyn , who were forcibly expelled , and deprived by their subjects for their bloody cruelties and oppressions ; which actions the whole kingdome then , and those historians who recorded them since , reputed just and honourable , and no treasonor r●bellion in law or conscience , being for the kingdomes necessary preservation , and the peoples just defence ; which histories i have elsewhere more largely related . nor yet to insist long on the fore-mentioned barons warre , against king iohn and henry the d. for regaining , establishing , preserving magna cha●ta , and other liberties of the realme , which our kings had almost utterly deprived them off ; i shall onely give you some few briefe observations touching these warres , to cleare them from those blacke aspersions of rebellion , treason , and the like , which some late historians ( especially iohn speed ) to flatter those kings to whom they dedicated their histories , have cast upon them , contrary to the judgement of our ancienter choniclers , and matthew paris ; who generally repute them lawfull and honourable . first then consider , what opinion the prelates , barons , and kingdome in generall , had of these warres at first , i anno ● . in a parliament held at pauls the . yeare of king iohns raigne , steven langton archbishop of canterbury , produced a charter of king henry the first , whereby he granted the ancient libert●es of the kingdome of england ( which had by his predecessors beene oppressed with unjust exactions , according to the lawes of king edward , with those emendations , which his father , by the cou●sell of his barons , did ratifie : which charter being read before the barons , they much rejoyced ; and swore in the presence of the archbishop , ; that for these liberties they would , if need required , spend their blood : which being openly done in parliament , they would never have taken such a publike solemne oath , had they deemed a warre against the king , for recovery , or defence of these their liberties unlawfull , and no lesse then treason and rebellion in point of law or conscience . after this the barons assembling at saint edmond bury , conferred about the said charter , and swore upon the high altar , that if king iohn refused to confirme and restore unto th●m those liberties ( the rights of the kingdome ) they would make warre upon him , and withdraw themselves from his allegiance , untill he had ratified them all w●th his charter under h●s great seale . and further agreed , after christmas to petition him for the same , and in the meane time to provide themselves of horse and furniture to be ready , if the king should start from his oath made at w●nchester , at the time of his absolution , for confirmation of these liberties , and compell him to satisfie their demand . after christmas they repaire in a military manner to the king , lying in the new temple , urging their desires with great vehemencie : the king seeing their resolution and inclination to warre , made answer , that for the matter they required , he would take consideration till after easter next , in the meane time , he tooke upon him the crosse , rather through feare , then devotion , supposing himselfe to bee more safe under that protection : and to shew his desperate malice and wilfuln●sse ( who rather then not to have an absolute domination over his people , to doe what he listed , would be any thing himselfe under any other that would but support him in his violences ) he sent an embassage ( the most base and impious that ever yet was sent by any free and christian prince ) unto miramumalim the moore , intituled the great king of affrica , morocco , and spaine ; wherein he offered to render unto him his kingdome , and to hold the same by tribute from him as his soveraigne lord ; to forgoe the christian faith , as vaine , and to receive that of mahomet , imploying thomas hardington and ralph fitz-nicholas , knights , and robert of london clerke , commissioners in this negotiation ; whose manner of accesse to this great king , with the delivery of their message , and king iohns charter to that effect , are at large recited in mathew paris , who heard the whole relation from robert one of the commissioners , miramumalim having heard at large their message , and the description of the king and kingdome , ( governed by an annointed and crowned king , knowne of old to be free and ingenuous ; ad nullius , praeterquam dei spectans dominationem ) with the nature and disposition of the people , so much disdained the basenesse and impiety of the offerer , that fetching a deepe sigh from his heart , he answered , i have never read nor heard , of any king possessing so prosperous a kingdome , subject and obedient to him , who would thus willingly ruine his principality , as of free to make it tributary , of his owne to make it anothers , of happy to make it miserable , and to submit himself to anothers pleasure , as one conquered without a wound . but i have heard and read of many , who with effusion and losse of much blood ( which was laudable ) have procured liberty to themselves ; modo autem au●io , quod dominus vester miser , deses & imbellis , qui nullo null or est , de libero servus fieri desiderat , qui omnium mortalium miserrimus est . after which he said ; that the king was unworthy of his confederacie ; and looking on the two knights with a sterne countenance , he com●anded them to depart instantly out of his presence , and to see his face no more ; whereupon they departing with shame ; hee charged robert the clerke , to informe him truely what manner of person king iohn was : who replied , that he was rather a tyrant then a king ; rather a subverter then a governour ; a subverter of his owne subjects , and a fosterer of strangers ; a lyon to his owne subjects , a lambe to aliens and rebels ; who by his sloathfulnesse had lost the dutchy of normandy , and many other lands , and moreover thirsted to lose and destroy the kingdome of england : an unsatiable extortioner of money ; an invader and destroyer of the possessions of his naturall people , &c. when miramumalin heard this , he not onely despised , as at first , but detested a●d accursed him , and said : w●y doe the miserable english permit such a one to raigne and domineer over them ? truely , they are effeminate and slavish : to which robert answered : the english are the most patient of all men , unti●l they are offended and damnified beyond measure . but now they are angry , like a lion or elephant , when he perceives himselfe hurt or bloody ; and though late , they purpose and endeavour to shake the yoake of the oppressor from their necks which lie under it : w●ereupon he reprehended the overmuch patie●ce an● fearefulnesse of the english ; and dismissed these messengers ; who returning and relating his answer to king iohn , he was exceeding sorrowfull , and in much bitternesse of spirit , that he was thus contemned and disapointed of his purpos● . yet persisting in his pre-conceived wicked designe to ruine his kingdome and people , and hating all the nobility and gentry of england , with a viperous venom , he sets upon another course ; and knowing * pope iuno cent to be the most ambitious , proud , and covetous of all men , who by gifts and pr●mises would be wrought upon , to act any wickednesse : thereupon he hastily dispatcheth messengers to him with great summes of money , and a re-assurance of his tributary subjection , ( which shortly after he confirmed by a new oath and charter , ) to procure him to excommunicate the archbishop of canterbury , and the barons , whom he had formerly favoured ; which things he greedily desired , that he might wrecke his malice on them by dis● inheriting , imprisoning , and spoiling them being excommunicated : which things when he had wickedly plotted , he more wickedly executed afterwards . in the meane time , the barons foreseeing that nothing was to be obtained but by strong hand , assemble an army at stamford , wherein were said to be two thousand knights , besides esquires , and marched from thence towards oxford , where the king expected their comming to answer their demands . and being come to brack●ey with their army , the king sends the earle of pembroke mariscall , and the archbishop of canterbury , with others , to demand of them , what were those lawes and liberties they required ? to whom they shewed a schedule of them , which the commissioners delivered to the king : who having heard them read , in great indignation asked ; why the barons did not likewise demand the kingdome ? and swore he would never gra●t those articles , whereby himselfe should be made a servant . so harsh a thing is it to a power , that is once gotten out into the wide libertie of his will , to heare againe of any reducing within his circle . vpon this answer , the barons resolve to seize the kings castles ; constitute robert fitz-walter their generall , entituling him , mariscall of the army of god , a●d of holy chvrch : a title they would never have given their generall , or army , had they deemed this warre unlawfull in law or conscience . after which they tooke divers of the kings castles , and are admitted into london ; where their number daily increasing , they make this protestation ; never to give over the prosecution of their desire , till they had constrained the king ( whom they held perjured ) to grant them their rights . which questionlesse , they would not have done , had they not beleeved this warre to be just and lawfull . king iohn seeing himselfe in a manner generally forsaken of all his people , and nobles , having scarce . knights faithfull to him ( another strong argument , that the people and kingdome generally apprehended , this taking up armes against the king to regaine , to preserve their hereditary rights and liberties , to be lawfull ) counterfeits the seales of the bishops , and writes in their names to all nations , that the english were all aposta●es , and whosoever would come to invade them , hee , by the popes consent , would conferre upon them all their lands and possossio●s . but this device working no effect , in regard they gave no credit to it , and found it apparantly false ; the king seeing himselfe deserted of all , and that those of the barons part were innumerable , ( cum tota angliae nobilitas in unum collecta , quasi sub numero non cadebat , writes mathew paris , another argument of the justice of this cause and warre , in their beliefes and consciences ; at last condescended to grant and confirme their liberties , which he did at running-meade , in such sort as i have formerly related . and though the pope afterwards for his owne private ends and interest , ( bribed by king iohn , who resigned his kingdome to him , and became his vassall , without his peoples consent , which resignation was judged voide , ) excommunicated the barons withall their assistance ; qui ioha●nem illustr●m reg●m anglorum cruce signatum , et vasallvm romanae ecclesiae ( an honourable title indeed for a king ) pers quuntur , molientes ei reg●um auferre ( which this pope him selfe did but few yeares before , giving his crown and kingdome it selfe to king phillip of france , which to save , he sordidly resigned up to the pope ) quod ad ronanam ecclesiam dignosci●ur pertinere . l yet this excommunication thus procured by bribery , proceeding not out of conscience to preserve the kings due rights , but selfe-respects to support the popes usurped interest and title to the realme ; and being a wicked plot of the king , more wickedly ex●cuted by the pope , ( who as matthew paris writes , was ad omnia scelera pro praemijs datis v●l promissis cereus & proclivis ) and the london●rs , barons , with divers prelates then contemning it , as pronounced upon false suggestions , and especially for this cause , that the ordering of temporall affaires belonged not to the pope , cum petro apostolo & ejus successoribus non nisi ecclesiasticarum dispositio r●rum a domino sit collata potestas . and using likewise these memorable speeches in those blind daies against the pope and his usurped supremacy , with liberty . vt quid ad no●se extendit romanorum insatiata cupiditas ? quid episcopis apostolicis & militiae nostrae ? ecce successores constantini & non petri , non imitantur petrum in meri●is , vel operibus ; nec assimulandi sunt in potestate . proh pudor , marcidi ribaldi , qui de armis vel li●eralitate minime norunt , jam toti mundo propter excommunicationes suas volunt dominari ; ignobiles usurarij & simoniales . o quantum dissimu●es petro , qui sibi petri usurpant partem ? &c. i conceive this excommunication rather justifies then disproves the lawfulnesse of this their taking up of armes , and the warre insuing it being but for their owne just defence , when the king afterwards with fire , sword , and bloody barbarous forraigne forces wasted his realme in a most inhumane , tyrannicall maner , factus de rege ty●annus ; imo in bestialem prorumpens feritatem , &c. which necessitated the barons for their own preservation and the kingdoms ( devoted by this unnaturall prince to vassallage and utter desolation ) to elect lew●s of france for their king. who , together with the peeres and estates of france , assembled at lions concerning this election ; resolved it to be just and lawfull , and the barons defensive warres against , and rejection of king iohn for his tyranny and oppressions , to be just and honourable , since they did but flee to these extraordinary remedies , and seeke for justice abroad , when they were denied it by him that should give it them in as or●inary way at home , chosing as king , in place of a tyrant , as m matthew paris , with the n generall history of france ( written by iohn de serres , and englished by edward grimston ) m●re largely manifest . secondly , the lawfulnesse and justnesse of the b●rons warres in defence of magna chart● , with other their hereditary rights and liberties , appeares most evidently , by the resolution of all those parliaments summoned by king herry the d. edward the ● . . . richard the d and other our succeeding kings ; which have many times , even by o force of armes , or menaces ; and sometimes by faire termes , caused these kings by new acts of parliament of ratifie magna charta , the chart●r of the forest , with other fundamentall liberties , thus forcibly extorted from king i●hn at first ; and constrained them to confirme hem with their oathes and sol●mne publicke p excommunications , to be published by the bishops in their diocesse twice every yeare ; oft solemnly vowing , and protesting , both in and out of parliament , to defend these lawes and liberties , with their estates , armes , lives , blood ; which their anc●st●rs had purchased with their blood ; as i have manifested in the two first parts of this discourse : all which they would no doubt have forborne , had they deemed it high treason or rebellion in point of law , to take up armes against their kings in defence o● these lawes and privileges ; neither would our kings and parliaments in times of peace , have so frequently confirmed these lawes and immunities , as just and necessary for the peoples welfare , had they reputed their former purchases and confirmations by warre and armes , no lesse then treason or rebellion . and if it were neither treason nor rebellion in the judgements of our ancestors and those parliaments which procured , and ratified magna charta , to take up armes in defence thereof ; much lesse can it be treason or rebellion in the parliament and subjects now ( by votes , by ordinances of both houses ) with force of armes to preserv● , not only these their hereditarie charters , lawes , priviledges , but their very lives , estates ; yea , the privileges and being of parliaments themselves , which are now invaded , endangered . what opinion the world had of the lawfulnesse of most of the barons warres in king henry the d. his raigne , against this troublesome perfidious king , in defence of their lawes , liberties , estates , appeares first , by the dialogue betweene agnellus , a frier minorite , one of king henry his counsell , ( purposely sent to the earle marshall , then in armes against the king ) and this martiall earle , in the abbey of morgan . anno . i will first relate the true state of that warre , and then their dialogue concerning it : q king henry by the ill counsell of peter bishop of winchester , removed all his english officers , counsellors , and servants from his court , and put poictovines , and forraigners in their places , being ruled wholly by them ; withall he puts the english garisons out of all his castles , and substitutes forraigners in them , which dayly arived both with horse and armes in great multitudes , and much opprested the people , calling them traitors ; so that the power and wealth of the realme was wholly under their command . the earle marshall seeing the noble and ignoble thus oppressed , and the rights of the kingdome like utterly to be lost ; provoked with a zeale of iustice , associating to himselfe other noble men , goes boldly to the king , reproves him in the hearing of many , for calling in those poictovines , by evill counsell , to the oppression of the kingdome , and of his naturall subjects , and like wise of lawes and liber●ies ; humbly beseeching him hastily to correct these excesses , which threatned the imminent subversion both of his crowne and kingdome , which if he refused to doe , he and the other nobles of the realme , would withdraw themselves from his counsell , as long as he harboured those strange●s . to which peter of winchester replyed : that the king might lawfully call in what strangers he would , for the defence of his kingdome and crowne , and likewise so many , and such , as might compell his proud and rebellious subjects to due obedience . whereupon the earle marshall and other nobles , departing discontented from the court , when they could get no other answer , promised firmely one to another ; that for this cause which concerned them all , they would manfully fight , ev●n to the separation of soule and body . after which , they seeing more strangers arrive with horse and armes every day , sent word to the king ; that hee should foorthwith remove bishop peter , and all his strangers from his court , which if he refused , they all would by the common consent of the whole realm 〈◊〉 him , with his wicked counsellours , out of the realm , and consult of chusing them a new king. after these , and some other like passage , the king raysing an army , besiegeth one of the earles castles ; and not being able to winne it , and ashamed to raise his seige without gaining it , he sent certaine bishops to the earle , and requested him ; that since he had besieged his castle , and hee could not with honour depart without winning it , which he could not doe by force , that the earle to save his honour would cause it to be surrended to him , upon this condition , that hee would restore it certainely to him within . dayes , and that by advise of the bishops h● would amend ●all thing amisse in his kingdome ; for performance of which the bishops became his pledges , and the king appointed a meeting at westminster , on a set day betweene him and the lords : whereupon the earle surrendred the castle to the king , upon oath made by the bishops that it should be restored at the day . but the king refusing to deliver the earle the castle , according to promise , and threatning to subdue his other castles ; the earle hereupon raiseth his forces , winnes his castle againe , routs divers of the kings forraigne forces , at gorsemond , monmouth , and other places ; and invaded the lands of his enemies . vpon this occasion , frier agnellus ( or lambe ) acquaints the earle , what the king , together with his counsell and court , thought of his proceedings ; to wit , that the king said , he had proceeded over traiterously , and unjustly against him , yet he was willing to receive him into favour , if he would wholly submit himselfe to his mercy ; and that others held it not just , safe , and profitable for him to doe it ; because he had done wrong to the king , in that before the king had invaded his lands or person , he invaded and destroyed the kings lands , and flew his men ; and if he should say , he did this in defence of his body and inheritance ; they answered , no , because there was never any plot against either of them ; and that were it true , yet he ought not thus to breake forth against the king his lord , untill hee had certaine knowledge , that the king had such intensions against him : et ex tvnc liceret talia attemptare ; and from thenceforth he might lawfully attempt such things , ( by the courtiers and friers owne confessions : ) vpon which the marshiall said to frier lambe : to the first they say , that i ought to submit my selfe , because i have invaded the king : it is not true , because the king himselfe , ( though i have beene ever ready to stand to the law and judgement of my peeres in his court , and have oft times requested it by many messengers betweene us , which he alwaies denied to grant ) violently entred my land , and invaded it against all justice : whom hoping in humility to please , i freely entred into a forme of peace with him , which was very prejudiciall to me : wherein he granted , that if on his part all things were not punctually performed toward me , i should be in my pristine state before that peace concl●ded ; namely , that i should be without this homage , and obsolved from my allegiance to him , as i was at first by the bishop of saint davids ; seeing then hee hath violated all the articles of the peace , it was lawfvll for me , according to my agreement , to recover what was mine owne ; and to debilitate his power by all meanes ; especially seeing he end eavoured my destruction , dis-inheritance , and seizing of my body , of which i have certaine intelligence , and am able to prove it if neede be . and which is more , after the . daies truce , before i entred wales , or made any defence , he deprived me of the office of marshall , without judgement , which belongs to me , and i have enjoyed by inheritance , neither would he by any meanes restore mee to it ; though required . whence i have plainely learned , that he will keepe no peace with me , seeing since the peace hee handles me worse then before . whereby i ceased to bee his subject , and was absolved from his homage by him . wherefore it was , and is lawfull for me to defend my selfe , and to withstand the malice of his counsellors by all meanes . and whereas the kings counsellors say , it is profitable for me to submit to the kings mercy because he is more rich and powerfull then i am . it is true , the king is richer and more potent then i , but yet he is not more powerfull then god , who is iustice it selfe , in whom i trust , in the confirmation and prosecution of my right , and of the kingdomes . and whereas they say , the king can bring in strangers of his kinred , who are neither scots , nor french , nor welsh , who shall make all his foes his foot-stoole , and come in such multitudes , as they shall cover the face of the earth , and that he can raise seven men to my one : i neither trust in strangers , nor desire their confederacie , nor will i invoke their aide , vnlesse , which god forbid , inopinata & immutabili fuero compulsus necessitate ; i shall be compelled by a sudden and immutable necessity ; and i beleeve by his counsells ill advise he will quickly bring in such multitudes of strangers , that he will not be able to free the kingdome of them againe ; for i have learned from credible men , that the bishop of winchester is bound to the emperour , that the will make the kingdome of england subject to him ; which god in his providence avert . and whereas they say , that i may confide in the king and his counsell , because the king is mercifull , credible , &c. it may well be that the king is mercifull ; but he is seduced be the counsell of those , by whom we feele our selves much hurt ; and he is noble and credible ( whom god long preserve so ) as much as in him lies ; but as for his counsell , i say , that no one promise made to me , was ever yet kept , and they have violated many corporall oathes made to me , and the oathes they tooke for observing magna charta , for which they remaine excommunicate and perjured . yea , they are e●jured concerning the faithfull counsell which they have sworne to give to our lord the king , when as they have wilfully given him the counsell of achitophel , against justice ; and corrupted the just lawes they have sworne to keepe , and introduced unusuall ones : for which , and for many other things , for which neither god nor man ought to trust them , or their complices , are they not every one excommunicated ? rumor de veteri faciet ventura timeri : cras poterunt fieri ●urpia sicut heri . faelix quem faciunt aliena pericula cautum . whereas the said counsellors of the king say , that i invaded the kings body at gorsmund castle , before the king had entred my land ; and so i did injurie to the king , for which i ought to implore his mercie , least others should take example thence to raise up armes against the king. i answer , that i was not there in person ; and if any of my family were there by chance , they invaded onely the family of the king , not the person of the king : which yet if they had done , it were no wonder , seeing the king came with his army into my land , that he might invade me , and oppresse me by all the meanes he could , which may appeare to all by the tenor of his letters , by which hee made a generall assembly throughout england against my army . and since the premises objected against mee are false , and it is true , that the king hath treated me worse since the time i expected his mercy , then any time before , and doth yet use the same counsell as then ; and since he endeavours precisely to follow their counsels in all things , by whose advise i suffer all the premised grievances ; i ought not to prostitute my selfe to his mercy . neither would this be for the kings honour , that i should consent unto his will , which is not grounded upon reason . yea , i should doe an injury to him , and to iustice , which he ought to use towards his subjects , and to maintaine . and i should give an ill example to all , by deserting iustice , and the prosecution of right , for an erronious will against all iustice , and the injury of the subjects : for by this it would appeare , that we loved our worldly possessions , more then iustice it selfe . and whereas the kings counsellours object , that wee have combined with the kings capitall enemies , namely , the french , scots , welsh , out of hatred and dammage to king and kingdome : that of the french is altogether false , and that of the scots and welsh too ; excepting the king of scots , and leoline prince of north-●ales ; who were not the kings enemies , but faithfull friends , untill by injuries offered them by the king and his counsell , they were by coertion against their wills , alienated from their fidelitie , as i am . and for this cause i am confederated with them , that we may the better being united , then separated , regaine and defend our rights , of which we are unjustly deprived , and in a great part spoiled . whereas the kings counsell propose , that i ought not to confide in my confederates , because the king , without any great hurt to his land , can easily separate them from my friendship : of this i make no great doubt , but by this the iniquity of his counsellors doth most of all appeare : that in some sort they would cause the king to sustaine losse , by those whom he specially calls , capitall enemies , to injure mee who have alwaies beene his faithfull subject , whiles i remained with him , and yet would be so , if he would restore to me and my friends our right . whereas the said counsellors say , that the pope and church of rome , doe specially love the king and kingdome , and will excommunicate all his adversaries , which thing is even at the dores , because they have already sent for a legate : it pleaseth mee well , said the marshall ; because the more they love the king and kingdome , by so much the more will they desire that the king should treat his realme and subjects , according to justice : and i am well pleased they should excommunicate the adversaries of the kingdome , because they are those who give counsell against iustice , whom workes will manifest ; because iustice and peace have kissed each other ; and because of this , where iustice is corrupted , peace is likewise violated . also i am pleased that a legate is comming , because the more discreet men shall heare our justice , by so much the more vilely shall the adversaries of iustice be confounded . in which notable discourse we see the lawfullnesse of a necessary defensive warre yeelded and justified both by the king , his counsell , and the earle marshall , as well against the king himselfe , if he invade his subjects first , as any of his forces who assist him . after which the marshall flew many of his enemies by an ambuf●ado , while they thought to surprise him , and wasted and spoiled their goods , houses , lands ; observing this generall laudable rule which they made , to doe no hurt , nor ill to any one , but to the kings evill counsellors by whom they were banished , whose goods , houses , woods , orchards , they ●poiled , burnt , and rooted up . the king remaining at glocester , heard of these proceedings of the marshall , but his forces being too weake , he durst not encounter him , but retired to winchester with bishop peter , confounded with over much shame , leaving that country to be wasted by his adversaries ; where innumerable carcases of those there slaine lay naked and unburied in the wayes , being food to the beasts and birds of prey : a sad spectacle to passengers , which so corrupted the ayre , that it infected and killed many who were healthy . yet the kings heart was so hardned , by the wicked councell he followed , against the marshall , that the bishops admonishing him to make peace with him , who fovght for ivstise : he answered , that he would never make peace with him , unlesse comming with an halter about his necke and acknowledging himselfe to be a traytor , he would implore his mercy . the marshall both in england and i●eland ; professed that he was no traytor ; that his warre being but defensive , was just ; immutabiliter affirmans , quod 〈◊〉 sibi de j●re quod suum er at re●etere , & posse regis & co●sil orum sicorum , modis omnibus quibus poterat , infirmare . r william roshanger in his continuation of matthew paris , speaking of the death of simon monfort earle of leycester , slaine in the battle of ev●sham , the greatest pillar of the barrons warres ; useth this expression . thus this magnificent earle symon , ended his labors , who not onely bestowed his estate but his pe●son also , for releiefe of the oppression of the poore , for the asserting of iustice , and the right of the realme : he was commendably skilfull in learning , a dayly fr●quenter of divine offices , constant in word , severe in countenance , most confiding in the prayers of religious persons , alwayes very respectfull to ec●lesiasticall persons . he earnestly adheared to robert grosthead bishop of lincolne , and committed his children to his education . by his advise he handled difficult things , attempted doubtfull things , concluded things begun , specially such things whereby he thought he might gaine desert . which bishop was said to have enjoyned him , as he would obtaine remission of his sinnes , that he should undertake this cause for which he contended even unto death , affirming , that the peace of the church of england could never be esta●lished , but by th● materiall sword and constantly averting that all who died for it were crowned with martyrdome . some say that this bishop on a time , laying his hand on the head of the earles eldest sonne , said unto him . o most deare sonne , thou and thy father shall both dye on one day , and with one hand of death ; yet for ivstice and trvth . fame reports that symon after his death grew famous by many miracles , which for feare of the king came not in publicke . ; thus this historian , thus robert grosthead the most devout and learned bishop of that age , ( who most of any opposed the popes vsurpations and exactions ) determine of the justice and lawfulnesse of the barons warres ; walter bishop of worcester concurring in the same opinion with grosthead . the same s author rishanger records ; that the earle of glocester , a great stickler in these warres against the king with whom at last he accorded ; signified to the king by his letters patents under his seale , that he would never ●eure armes against the king his lord , nor against his sonne prince edward , nisi defendo ; but onel● in his defence : which the king and prince accepting of , clearely proves ; that defensive armes against king or prince were in that age generally reputed lawfull , by king prince , prelates , nobles , people . i may likewise adde to this what i read in t matthew westminster , that richard bishop of chichester the day before the battle of lewis against king henry and his sonne ( who were taken prisoners in it by the barons and . of their souldiers slaine ; ) absolved all that went to fight against the king their lord from all their sinnes . such confidence had he of the goodnesse of the cause and justnesse of the warre . in one word , the r oath of association prescribed by the barons to the king of romans , brother to king henry the third , in the . yeare of his raigne ; heare all men , that i richard earle of cornewall , doe here sweare upon the holy evangelists , that i shall be faithfull , and diligent to reforme with you the kingdome of england , hitherto by the councell of wicked persons overmuch disordered : and be an effectuall coadjutor to expell the rebells , and disturbers of the same . and this oath i will inviolaby observe , under pa●ne of losing all the lands i have in england : so helpe me god. which oath all the barrons and their associates tooke , ( by vertue whereof they tooke up armes against the kings ill councellors , and himselfe when he joined with them , ) sufficiently demonstrate their publicke opinions and judgements of the lawfullnesse , the justnesse of their warres ; and of all other necessarie defensive armes , taken up by the kingdomes generall assent for preservation of its lawes , liberties , and suppression of those rebels , and ill councellors who fight against , or labour to subvert them by their policies . x in the third yeare of king edward the d , this king revoking his great mynion piers gav●ston , newly banished by the parliament into ireland , and admitting him into as great favour as before , contrary to his oath and promise : the barrons hereupon by common consent sent the king word ; that he should banish piers from his company according to his agreement , or else they would certainely rise up against him as a perjured person . vpon which the king much terrified suffers piers to abjure the realme ; who returning againe soone after to the court at yorke ; where the king entertained him ; the lords spirituall and temporall , to preserve the liberties of the church and realme , sent an honourable message to the king , to deliver piers into their hands , or banish him , for the preservatio● of the peace , treasure and weale of the kingdome ; this wilfull king denies their just request ; whereupon the lords thus contemned and deluded , raifed an army , and march with all speede towards new-castle , not to offer inivrie or molestation to the king , but to apprehend peirs , and judge him according to law : upon this the king fleeth together with peirs to tinemouth , and from thence to scarborough castle , where piers is forced to render himselfe to the barrons , who at warwicke castle , ( without any legall triall by meere martiall law ) beheaded him , as a subvertor of the lawes , and an open traitor to the kingdome . for which facts this king afterwards reprehending and accusing the lords in parliament , in the th yeare of his raigne ; they stoutly answered , that they had not offended in any one point , bv● deserved his royall favovr , for they had not gathered force against him ( though he were in piers his company , assisted , countenanced , and fled with him ) bvt against the pvblicke enemie of the realme : whereupon there were two acts of oblivion passed by the king , lords and commons assembled in that parliament , ( printed in the y d part of old magna charta : ) the first , that no person ( on the kings part ) should be questioned , molested , impeached , imprisoned , and brought to judgement , for causing pierce to returne from exile , or barboring , councelling or ayding him bere after his returne : the second on the barons part , in these words : it is provided by the king , and by the archbishops , bish●ps , abbots , priors , earles , bar●ns and commons , of the realme , assembled according to our command , and unun mously assented and accorded , that none of what estate or condition soever he be , shall in time , t● come be appealed or challenged , for the apprehending , deteining , or death of peirsde gaveston , nor shall for the said death be appr●hended ▪ nor imprisoned , impeached , mol●sted , nor grieved , nor judgement given against him by us , nor by others at our suite , nor at the suite of any other , either in the kings court or elsewhere . which act the king by his writ , sent to the iudges of the kings bench , commanding that t●is grant and concord shall be firme and stable i● all its points , and that every of them should be held , and kept in per petuitie ; to which end he commands them to cause this act to be there inrolled , and fi●mely kept for ever . a pregnant evidence that the barons taking up armes then against this traytor and enemie of the realme , in pursuance of the act and sentence of parliament for his banishment , though the king were in his company , and assisted him all he might , was then both by king and parliament , adjudged no treason , nor rebellion at all in point of law , but a just & honorable action : wherefore their taking up armes is not mentioned in this act of oblivion , seeing they all held it just , but their putting piers to death , without legall triall ; which in strictnesse of law , could not be justified . now whether this be not the parliaments and kingdomes present case in point of law ( who tooke up armes principally at first , for defence of their owne priviledges of parliament , and apprehention of delinquents who seducing the king withdrew him from the parliament , and caused him to raise an army to shelter themselves under its power against the parliament ) let every reasonable man determine : and if it be so , we see this ancient act of parliament resolves it , to be no high treason , nor rebellion , nor offence against the king ; but a just , lawfull act , for the kings , the kingdomes honour and safety . not long after this , the two z spensers getting into the kings favour , and seducing , miscouncelling him as much as gaveston did ; the lords and barrons hereupon in the th and th yeares of his raigne , confederated together , to live and dye for justice , and to their power to destroy the traitors of the realme , especially the two spensers : after which they raised an army , whereof they made thomas earle of lancaster generall ; and meeting at sherborne , they plunder and destroy the spensers castles , mannors ▪ houses , friends , servants , and marching to saint albanes with ensignes displayed , sent messengers to the king then at london , admonishing him not onely to rid his court but kingdome , if the traitors to the realme , the spensers , ( condemned by the commons in many articles ) to preserve the peace of the realme ; and to grant them and all their followers lette●s pattents of indemnity , for what they had formerly done . which the king at first denied but afterwards this armie marching up to london , where they were received by the city , he yeelded to it , and in the th yeare of his raigne by a speciall act of parliament the said spensers were disinherited and banished the realme ( for mis-councelling the king , oppressing the people by injustice , advising him to lovie warre upon his subjects , making evill iudges and other officers to the hurt of the king and kingdome , engrossing the kings eare , and usur●ing his royall authority ) as enemies of the king and of his people : and by another act of parliament , it was then provided , that no man should be questioned for any felonies or trespasses committed in the prosecution of hugh●e de sponsers the father and sonne ; which act runnes thus ? whereas of late many great men of the realme surmised to sir hugh le despenser the sonne and father , many misdemeanors by them committed against the estate of our lord the king and of his crowne , and to the disinheritance of the great men and destruction of the people , and pursued those misdemeanors and attainder of them by force , because they could not be attainted by processe of law , because that the said sir hughes had accroached to them the royall power in divers manner : the said grandees having mutually bound themselves by oath in writing , without the advise of our lord the king ; and after in pursuing the said hugh and hugh , and their alies and adherents , the said great men and others , riding with banners displaied , having in them the armes of the king and their owne ; did take and occupie the chattels , villages , mannors ; lands , tenements , goods , and likewise take and imprison some of the kings leige people and others , tooke some and slew others , and did many other things , in destroying the said hugh and hugh , and their alies , and others in england , wales , and in the marches , whereof some things may be said trespasses , and others felonies : and the said hugh and hugh , in the parliament of our lord the king , sommoned at westminster three weekes after the nativitie of saint iohn baptist the . yeare of his raigne , for the said misdemeanors were fore judged and banished the realme , by a vote of the peeres of the land ; and the foresaid great men in the said parliament , shewed to our lord the king , that the things done in the pursuite of the said hugh and hugh , by reason of such causes of necessity , cannot be legally redressed or punished without causing great trouble , or perchance warre in the land , which shall be worse ; and prayed our lord , that of all alliances , trespasses and felonies they might be for ever acquitted , for the preservation of peace , the avoyding of warre , and asswaging of angers and rancors , and to make unitie in the land ; and that our lord the king may more intirely have the hearts and wills of the great men and of his people , to maintaine and defend his lands , and to make warre upon and grieve his enemies . it is accorded and agreed in the said parliament by our lord the king , and by the prelates , earles , barrons , and commons of the realme there assembled by command of our lord the king , that none of what estate or condition soever he be for alliance , at what time soever made , by deed , oath , writing , or in other manner , nor for the taking , occupying , or detainer of chattels , towns , mannors , lands , tenements , and goods taken , imprisoning or ransoming the kings leige people , or of other homicides , robberies , felonies , or other things which may be noted as trespasses or fellonies committed against the peace of the king by the said great men , their allies , or adherents in the pursuite aforesaid , since the first day of march last past , till the thursday next after the feast of the assumption of our ladie , to wit , the . day of august next ensuing , be appealed , nor challenged , taken nor imprisoned , nor grieved , nor drawne into judgement by the king , nor any other at the suite of any other which shall be in the kings court or in any place else ; but that all such trespasses and felonies shall be discharged by this accord and assent : saving alwaies to all men , but to the said hugh and hugh , action and reason to have and recover their chattels , farmes , mannors , lands , tenements , wards and marriages according to the lawes and customes used in the realme , without punishment against the king , or damages recovered against the party for the time aforesaid . for which end they prescribed likewise a charter of pardon annexed to this act according to the purport of it , which every one that would might sue out , which charter you may read in old magna charta . from which act of parliament i shall observe these three things . first , that this their taking up armes to apprehend the sp●●se●s as enemies to the king and kingdom , and marching with banners displayd , was not then reputed high treason or rebellion against the king , though it were by way of offence , not of defence , and without any authority of parliament : for there is not one word of treason or rebellion in this act , or in the charter of pardon pursuing it : and if it had beene high treason , this act and charters on it extending onely to fellonie and trespasses not to treasons and rebellions , would b not have pardoned these transcendent capita●l crimes . secondly , that the unlawfull outrages , robberies , and murders committed by the souldiers on the kings leige people , and not on the two spensers the sole delinquents , were the occasion of this act of oblivion and pardon , not the armed pursuing of them , when they had gotten above the reach of law. thirdly , that though this were an offensive not defensive warre , made without common assent of parliament , and many murthers , robberies , and misdemeanors committed in the prosecution of it upon the kings leige people who were no delinquents ; yet being for the common good to suppresse and banish these ill councellors , enemies , traytors to king and kingdome , the king and parliament though it such a publicke service as merited a pardon of these misdemeanors in the carriage of it , and acquitted all who were parties to it , from all suites and punishments . all which considered , is a cleare demonstration , that they would have resolved our present defensive warre , by authoritie of both houses , accompanied with no such outrages as these ; for the apprehension of such as have beene voted traytors and delinquents by parliament , and stand out in contempt against its justice , for the defence of the priviledges and members of parliament , the liberties and properties of the subject , the fundamentall lawes of the realme , the protestant religion now indangered by papists up in armes in england and ireland to extirpate it , and the removing ill counsellors from his majestie ; to be no high treason , rebellion or offence at all against the king , but a just and lawful act , the very miscarriages wherof in the generall ( except in such disorderly souldiers for whom martiall law hath provided due punishments ) deserve a publike pardon both from king and kingdome . and to put this out of question ; as no fancie of mine owne , we have an expresse act of parliament , resolving the taking up of armes by the queene , prince , ( both but subjects and capable of high treason in such a case as well as others ) the nobles and people of the realme against these two spensers and other ill counsellors about this king in the last yeare of his raigne , ( though the king himself were in their company , and taken prisoner by the forces raised against them , ) for the necessary preservation , reliefe , and safety of the queene , prince , nobles , kingdome , to be no high treason nor offence at all : namely , the statute of . e. . c. . . . which i shall recite at large . whereas hugh spenser the father , and hugh spenser the sonne , late at the suite of thomas then earle of lancaster and leycester , and steward of england , by the common assent and vote of the peers and commons of the realme , and by the assent of king edward father to our soveraigne lord the king , that now is , as traitors & enemies of the king , & of the realme , were exled , disinherited and banished out of the realme for ever . and afterward the same hugh by evill councell , which the king had about him , without the assent of the peeres and commons of the realme , came againe into the realme : and they with other pro●●cured the said king to pursue the said earle of lancaster , and other great men and people of the realme , in which pursuite the said earle of lancaster and other great men and people of the realme , were willingly dead and disinherited , and some outlawed , banished , and disinherited ; and some disinherited and imprisoned , and some ransommed and disherited : and after such mischiefe the said hugh and hugh master rob●rt baldocke and edmo●d earle of arundell usurped to them the royall power , so that the king nothing did , nor would doe , but as the said hugh and hugh , robert and edmond earle of arundell did councell him , were it never so great wrong ▪ during which usurpation , by duresse and force against the will of the commons , they purchased lands , as well by fines levied in the court of the said edward , as otherwise and whereas after the death of the said earle of lancaster , and other great men , our soveraigne lord the king that now is , and dame isabel queene of england , his mother , by the kings will and common councell of the realme , went over to franc● , to treate of peace betweene the two realmes of england and france , upon certaine debates then moved . the said hugh and hugh , robert and edmond earle of arundell continuing in their mischiefe , encouraged the king against our soveraigne lord the king that now is , his sonne , and the said queene his wife , and by royall power which they had to them encroached , as afore is said , procured so much grievance by the assent of the said king edward , to our soveraigne lord the king that now is , and the queene his mother , being in so great jeopardy of themselves in a strange country , and seeing the destruction , dammage , oppressions , and distractions which were notoriously done in the realme of england , upon holy church , prelates , earles barons , and other great men , and the commonalty by the said hugh and hugh , robert and edmond earle of arundell by the encroaching of the said royall power to them , to take as good councell therein as they might . and seeing they might not remedie the same unlesse they came into england , with an army of men of warre ; and by the grace of god with such puissance , and with the helpe of great men and commons of the realme , they have vanquished and destroyed the sayd hugh and hugh , robert and edmond : wherefore our soveraigne lord king edward that now is , at his parliament holden at westminster , at the time of his coronation , the morrow after candlemas , in the first yeare of his reigne , upon certaine petitions and requests made unto him in the said parliament upon such articles above rehearsed , by the common councell of the prelates , earles , barons , and other great men , and by the commonalty of the realme , there being by his commandment , hath provided , ordained and stablished in forme following . first , that no great man , or other of what estate , dignity , or condition he be , that came with the said king that now is , and with the queene his mother into the realme of england , and none other dwelling in england , who came with the said king that now is , and with the queene , in ayde of them to pursue their said enemies in which pursuite the king his fat●er was taken and put in ward , and yet remaineth in ward , shall not be molested impeached or g●ieved in person or goods , in the kings court , or other court , for the pu●suite of the said king , taking and with holding of his body , nor pursu●te of any other , nor taking of their persons , goods , nor death of any man , or any other things perpetrate or committed in the said pursuite , from the day the said king and queene did arme , till the day of the coronation of the same king : and it is not the kings minde , that such offenders that committed my trespasse or other offence out of the pursuites should goe quit , or have advantage of this statute , but they shall be at their answere for the same at the law. item , that the repeale of the said exile which was made by dures and force be adnulled for evermore , and the said exile made by award of the peeres and commons , by the kings assent as before is said , shall stand in his strength in all points , after the tenure of every particular therein contained . item , that the executors of the testament of all those that were of the same quarrell dead , shall have actions and recover the goods and chattels of them , being of the said quarrell , whose executors they be ; as they of the same quarrell should , &c. certainely here was an higher pursuite and levying warre against the king and his evill councellors , then any yet attempted by this parliament ; and a warre rather offensive , then defensive , in which the king himself was both taken and d●t●ined priso●●r , and then forced to resigne his crowne to his sonne ; yet this is here justified , as a necessary , just and lawfull warre by an act of parliament , never yet repealed ; and all that bare armes against the king and his ill councellors , yea they who pursued , apprehended , and imprisoned the king himselfe , are , as to this particular , discharged by the king , and whole parliament from all manner of guilt , or punishment , or prosecution whatsoever against them . which consideration mak●s me somewhat confident , that this king and the parliament held in the . yeare of his raigne , ch . . which declares it high treason , to levie warre against the king in his realm● , did never intend it of a necessary defensive warre against a seduced king and his evill councellors ( especially by the votes of both houses of parliament , who doubtlesse would never passe any act to make themselves , or their posteritie in succeeding parliaments , traytors , for taking up meere necessary defensive armes for their owne , and the kingdomes preservation ) for that had beene diametra●ly contrary to this statute , made in the very first yeare and parliament of this king ; and would have l●yd an aspertion of high treason upon the king himself , the queene his mother , their own fathers , and many of themselves ; who thus tooke up armes and made a defensive kinde of warre upon king ●dwar● the d , taking him p●isoner : but onely to rebellious insurrections , of private persons , without any publick authority of parliament , or the whole kingdome in generall ; and of meere offensive warres against the king without any just occasion , hostilitie or violence on the kings part , necessitating them to take up defensive armes : which i humbly submit to the judgement of those grand rabbies and sages of the law , and the honorable houses of parliament , who are best able to resolve , and are the onely iudges to determine this point in controversie , by the expresse letter and provision of . ed. . ch . . of treasons . in the c first yeare of king richard the d. iohn mercer a scot , with a navie of spanish , scottish & french ships much infested the marchants and coasts of england ●aking many prises without any care taken by the king , lords , or councell to resist them . whereupon iohn philpot a rich merchant of london , diligently considering the defect , that i say not treachery of the duke of i ancaster , and other lords who ought to defend the realme , and gri●ving to see the oppressions of the people , did at his proper charge hire a thousand souldiers and set out a fleete , to take the said mercers ships , with the goods he had gotten by pyracie , and defend the realme of england from such incursions : who in a short time tooke mercer prisoner , with . spanish ships , and all the booties he had gained from the english : whereat all the people rejoyced exceedingly , commending and extolling philpot for the great love he shewed to his countrey , and casting out some reproachfull words against the nobles and kings councell who had the rule of the kingdome and neglected its defence : whereupon the nobility , earles and barons of the realme , conscious of this their negligence , and envying philpot for this his noble praise-worthy action , began not onely secretly to lay snares for him , but openly to reproach him , saying : that it was not lawfull for him to doe such things without the advise or councell of the king and kingdome : quasi non licuisset benefacere regi vel regno sine consilio comitum & baronum : ( writes walsingham ) as if it were not lawfull to doe good to the king or kingdome , without the advise of the earles and barrons , or lords of the privie councell . to whom objecting these things , and especially to hugh earle of stafford , who was the chiefe prolocutor and spake most against it , iohn philpot gave this answere : know for certaine , that i have destinated my money , ships , and men to sea to this end , not that i might deprive you of the good name and honour of your militia , or warlike actions , and engrosse it to my selfe , but pittying the misery of my nation and country , which now by your sloathfulnesse , of a most noble kingdome , and lady of nations , is devolved into so great misery , that it lyeth open to the pillage of every one of the vilest nations , seeing there is none of you , who will put your hand to its defence . i have exposed me and mine therefore for the salvation of my proper nation , and fr●eing of my country . to which the earle and others had not a word to reply . from this memorable history and discourse ( which i have translated verbatim ●ut of walsingham , ) i conceive it most evident , that in the default of king and nobles , it is lawfull for the commons and every particular subject without any commission from the king or his councell , in times of iminent danger , to take up armes and raise forces by sea or land to defend the king and his native country against invading enemies ; as philpot did , without offence or crime . then much more may the houses of parliament , the representative body of the whole kingdome , and all private subjects by their command , take up necessary defensive armes against the kings popish and malignant forces to preserve the king , kingdome , parliament , people from spoyle , and ruine . in c the . yeare of king richard the d. there arose a great difference betweene the duke of lancaster , & the king & his young complices , who conspired the dukes death ; agreeing sodainely to arrest and arraigne him before robert trisilian chiefe iustice , who boldly promised to passe sentence against him , according to the quality of the crimes objected to him . vpon this the duke having private intelligence of the●r treachery , to provide for his owne safety , wisely withdrew himselfe , and posted to his castleat ponfract , storing it with armes and victualls . hereupon not onely a private but publicke discord was like to ensue ; but by the great mediation and paines of ione the kings mother , an accord and peace was made betweene them : and this defence of the duke by fortifying his castle with armes against the king and his ill instruments for his owne just preservation , held no crime . if such a defence then were held just and lawfull in one particular subject and peere of the land onely , much more must it be so in both houses of parliament , and the kingdome , in case the kings forces invade them . in the e th yeare of king richard the second this unconstant king being instigated by michael de la pole , robert vcere duke of ireland , alexander nevill archbishop of yorke , robert trysilian , and other ill councellors and traytors to the kingdome , endeavoured to seize upon the duke of glocester , the earles of arundell , warwicke , derby , notingham , and others who were faithfull to the kingdome , and to put them to death , having caused them first to be indighted of high treason at nottingham castle , and hired many souldiers to surprise them : hereupon these lords for their owne just defence , raised forces and met at harynggye parke with a numerous army : whereat the king being much perplexed , advised what was best for him to do . the archbishop of yorke and others of his ill councell , advised him to goe forth and give them battle ▪ but his wisest councellors disswaded him , affirming , that the king should gaine no benefit if hee vanquished them , and should sustaine great dishonour and losse if he were conquered by them . in the meane time hugh linne an old souldier , who had lost his senses , and was reputed a foole , comming in to the councell , the king demanded of him in jest , what hee should doe against the nobles met together in the saide parke ? who answered ; let us goe forth and assault them , and slay every mothers sonne of them , and by the eyes of god , this being finished , thov hast slaine all the faithfvll friends thov hast in the kingdome . which answere , though uttered foolishly ; yet wise men did most of all consider . at last is was resolved by the mediators of peace , that the lords should meete the king at westminster , and there receive an answere to the things for which they tooke armes ; thither they came strongly armed with a great guard , for feare of ambuseadoes to intrap them : where the chauncellour in the kings name spake thus to them . my lords , our lord the king hearing that you were lately assembled at harenggye parke in an unusuall manner ; would not rush upon you as he m●ght have easily done , had he not had care of you , and those who were with you : because no man can doubt , if he had raised an army , he would have had many more men than you , and perchance much ● lood of men had beene spilt , which the king doth most of all abhorre , and therefore assuming to himselfe patience and mildnesse , he hath made choyce to convent you peaceably , and to tell him the reason why you have ass●mbled so many men . to which the lords answered , that they had met together for the good of the king and kingdome ; and that they might pvll away those traitors from him , which he continvally det ained with him . t●e traytors they appealed were the foresaid ill councellors , and nicholas brambre the false london knight : and to prove this appeale of them true , casting down their gloves they said they would prosecute it by duell : the king answered ; this shall not be done now , but in the next parliament , which we appoint to be the morrow after the purification of the blessed virgin , to which as well you as they comming , shall receive satisfaction in all things according to law. the lords for their owne safety kept together till the parliament , and in the meane time d●feated the forces of the duke of ireland , raised privately by the kings command to surprise them . the parliament comming on in the . yeare of richard the second : these ill councellors were therein , by speciall acts attainted , condemned of high treason , and some of them executed ; and these defensive armes of the lords , for their owne and the kingdomes safety , adjudged and declared to be no treason : but a thing done to the honour of god , and salvation of the king and his realme : witnesse the expresse words of the printed act of r. . c. . which i shall transcribe . our soveraigne lord the king amongst other petitions and requests to him made by the commons of his said realme in the said parliament , hath received one petition in the forme following . the commons prayed , that whereas the last parliament for cause of the great and horrible mischiefes and perills which another time were fallen by evill governance which was abovt the kings person , by all his time before by alexander late archbishop of yorke , robert de veere late duke of ireland , michael de la pole late earle of suffolk , rober trisilian , late iustice , and nicholas brambre knight , with other their adherents , and others , whereby the king and all his realme , were very nigh to have beene wholly undone and destroyed and for this cause , and to eschew such perils and mischiefes for the time to come a certaine statute was made in the same parliament , with a commission to diverse lords , for the weale , honour and safeguard of the king , his regalty and of all the realme , the tenour of which commission hereafter followeth : richard , &c. as in the act. and thereupon the said alexander , robert , mighill , robert , and nicholas and their said adherents , seeing that their said evill governance should be perceived , and they by the same cause more likely to be punished by good justice to be done , and also their evill deedes and purposes before used to be disturbed by the sayd lords assigned by commission as afore ; made , conspired , & purposed divers horrible treasons , and evils against the king , and the said lords so assigned , and against all the other lords and commons , which were assenting to the making of the said ordinance and commission , in destruction of the king , his regalty , and all his realme . whereupon thomas duke of glocester the kings vncle , richard earle of arundle , and thomas earle of warwicke , perceiving the evill purpose of the sayd traytors , did assemble themselves in forcible manner for the safety of their persons , to shew and declare the said treasons and evill purposes , and thereof to set remedie ; as god would , and came to the kings presence , affirming against the said . traytors appealed of high treason , by them done to the king , and to his realme : upon which appeale the king our soveraigne lord , adjourned the said parties till this present parliament , and did take them into his safe protection , as in the record made upon the same appeale fully appeareth . and afterwards in gre●t rebellion , and against the said protection , the said traytors , with their said adherents and others aforesaid , continuing their evill purpose , some of them assembled a great power ( by letters and commission from the king himselfe , as walsingham and others write ) to have destroyed the said duke and earles appellants , and other the kings lawfull leige people , and to accomplish their treasons and evill purposes aforesaid . whereupon the said duke of glocester , henry earle of darby , the sayd earles of arundell and warwicke , and thomas earle marshall , seeing the open destruction of the king and all his realme , if the said evill purposed traitors and their adherents , were not disturbed , which might not otherwise have beene done , but with strong hand ; for the weale and safeguard of the king our soveraigne lord , and of all his realme , did assemble them forcibly , and rode and pursued till they had disturbed the said power gathered by the said traytors , and their adherents aforesaid , which five traytors be attainted this present parliament of the treasons and evills aforesaid , at the suite and appeale of the said duke of glocester , earles of darby , arundle , warwicke , and marshall . that it would please our redoubled soveraigne lord the king to accept , approve , and affirme , in this present parliament , all that was done in the last as afore , and as much as hath beene done since the last parliament by force of the statute , ordinance , or commission aforesaid ; and also all that the said duke of gloc●ster earles of arun●ell and warwicke did ; and that the same duke and earles , and the said earles of derby , and marshall or any of them did , or any other of their company or of their ayde , or of their adherents , or of any of them , or touching the assemblies , ridings , appeales , and pursuites aforesaid , ● as a thing made to the honour of god , salvation of the king , maintenance of his crowne , and also of the salvation of all his realme ( therefore doubtlesse no treason rebellion , nor any offence in point of law : ) and also to or 〈◊〉 and st●bl●sh , that ' the said duke of gl●c●ster , earles of darby , arundell , w●rwicke and marshall , nor none of them , nor none of such as have beene of their returne , or company , force , ayde or councell , or any of them in the things aforesaid , nor none other person for any thing aforesaid shall be impeached , molested , or grieved at the suite of the king , nor of the party , nor in other manner , because of any assembly , riding , beating , levying of penons , or of banners , discomfiture , death of a man , imprisonment of any person , taking , leading away , or detinue of any horses or of any other beasts , taking or carriage of goods , harnesse , armour , cattle , and other movable goods , breaking of houses , or of other possessions or goods , assault , battery , robberies , thefts , comming or tarrying with force and armes , or armed in the kings presence at the parliament , or councell , or else where . raysing of people , or exciting the people to rise forcibly against the peace by letters , commissions , or any other deeds , or of any other thing that may be surmised by them , or any of them , or ought or purposed to have beene done from the beginning of the world , touching any of the said matters before the end of this present parliament by any imagination , interpretation , or other colour , but shall bee quit and discharged for ever : except that the king be answered of all the goods , and cattels that were to them which be attainted in this present parliament , or to any of them , and which goods and things were taken by any person the first day of ianuary last past , or after hitherto . we considering the matter of the said petition to be true , and the request of the said commons in this party * to be to the honour of god , and the profit of us and our realme , of the assent of the prelates , dukes , earles , barrors and all others of this present parliament , doe garnt the requests of the said commons in all points , after the forme of the said petition . and moreover of the assent aforesayd , we will and grant for the greater quietnesse of our said realme , though that the said duke or earles appellants , or any other of their company , retinue , force , ayde , councell or adherents , or any of them have taken , led away , or withholden any of our iusticers , or any other of our ministers , in disturbance of execution of the law of our realme of england , or in other manner , or that they have taken any manner of person as traitors to us or to our realme , or other person , and the same have voluntarily suffered to goe at large , or escape beyond the sea from the th day of novemb. last past , till the end of this present parliament ; that they nor any of them be for this cause impeached , molested , nor grieved any manner of way at the suite of us , our heires , nor none other party , but thereof they shall be quit , and discharged for ever ; nor that they nor any of them be in any wise molested , grieved , nor impeached at the suite of us , our heires , or other party for any thing done at any time for to a taine to their purpose against the said appealers or any of them , or against any other person for this cause , nor for any other thing or deed to affirme the same purposes , till the end of this present parliament , but thereof shall be acquitted . ; this act with others made the same parliament continued inviolable without dispute for . yeers space , during w ch there were . more parliaments held w ch approved in but it : r. . the king having f violently seised upon the duke of glocester & the earles of warwicke and arundell , and packed a parliament to his minde , by not summoning any lords thereto but those of his party , by causing divers knights and burgesses of his own nomination , never chosen by the people , to be returned in divers places , and overawing the rest with a guard or . cheshire archers , caused these lords to be illegally attainted of treason upon fained pretences , out of this old grudge , and the acts of this parliament to be reversed ; yet not this act , as i conceive , which is part of it , being specially saved by . r. . c. . but however by the statute of h. . c. . . the parliament of . was wholly repealed , reversed , revoked , voyded , undone and anulled for ever , with all the acts , circumstances , and dependants thereof : and this parliament of . r. . enacted to be firmely holden and kept after the purport and effect of the same ; as a thing made for the great honour and common profit of the realme , and ch . . it is ordained and assented , that the lords and other which were forejudged in the parliament holden the said . yeare , or by authority of the same , which now be in life , and the heires of the lords and others that be dead , shall be wholly restitute and restored to their names , all manner of inheritaments and possessions , reversions , fees , reversions , offices , liberties , and franchises as intirely as the said lords and others which be in life , or the lords and other which be dead , ancestors of the heires , or the feoff●es of the said lords or other aforesaid , or other feoffees to their use , were at the time of the judgement given against them , the said yeare , by entrie , without other suite thereof to be made , or livery to be had of the same . and all the goods and chattels which were the said lords , or the other persons aforesaid so forejudged , whereof the king is not answered , and be in the hands of the sheriffes , escheators , or other officers , ministers , or any other and concealed by them , the king wills and granteth , that the same lords and other which now be in life , and the executors , and administrators of them that be dead ; shall have thereof delivery and restitution ; and that the sheriffes , escheators , officers and ministers so occupying the said goods and chattels by such concealment , bee punished for the same concealement . so that by the expresse resolution of these two severall parliaments , these lords and commons taking up defensive armes and making war against those wicked councellours of this king which sought their ruine , and endeavoured the destruction of the realme ( though they had the kings presence and commissions to countenance all their actions and proceedings of this nature , and the lords wanted the ordinances of both houses to authorize this their arming , and war ) was solemnely declared and adjudged , to be no treason nor rebellion at all , nor levying of warre against the king , within the statute of . e. . but contrarywise ; a thing done to the honour of god , the salvation of the king , ( for if the kingdome perish or miscarry , the king as king must needs perish with it ) the maintenance of his crowne , ( supported onely by the maintenance of the kingdomes welfare ) and the salvation and common profit of all the realm : and this being one of the first solemne judgements ( if not the very first ) given in parliament after the making of the statute of e. . which hath relation to its clause of levying war , must certainely be the best exposition of that law : which the pa●liament onely ought to interpret , as is evident by the statute of . r. c. . ( it is ordained and stablished , that every man which , &c. or he th● raiseth the people and riseth against the king to make warre within his realme ; and of h●t be duly attainted and judged in the parliament shall be judged as a traytor of high treason against the crowne , ) and other forecited acts : and if this were no treason , nor rebellion , nor trespasse in the barons against the king or kingdome ; but a warre for the honour of god , the salvation of the king , the maintenance of his crowne , the safety and common profit of ●ll the realme ; much more must our parliaments present defensive warre against his majesties 〈◊〉 councellors , papists , malignants , delinquents , and men of desperate fortunes , risen up in armes against the parliament , lawes , religion , liberties , the whole kingdomes peace and welfare , be so too ; being backed with the very same , and farre better , greater authority , and more publike reasons then their warre was , in which the safety of religion was no great ingredient , nor the preservation of a parliament from a forced dissolution , though established and perpetuated by a publike law. king henry the th . taking up armes against king richard , and causing him to be articled against , and judicially deposed in and by parliament for his male-administration ; it was enacted by the statute of . hen. . cap. . that no lord spirituall nor temporall , nor other , of what estate or condition that he be , which came with king henry into the realme of england , nor none other persons whatsoever they be , then dwelling within the same realme , and which came to this king in aide of him , to pursue them which were against the kings good intent , and the common profit of the realme , in which pursuite richard late king of england , the second after the conquest , was pursued taken and put in ward , and yet remaineth in ward , be impeached , grieved , nor vexed in person , nor in goods , in the kings court , nor in none other court , for the pursuites of the said king , taking and with-holding of his body , nor for the pursuits of any other , taking of persons and cattells , or of the death of a man , or any other thing done in the said pursuite , from the day of the said king that now is arived , till the day of the coronarion of our said soveraigne lord henry . and the intent of the king is not , that offendors which committed trespasses , or other offences out of the said pursuits , without speciall warrant , should be ayded , nor have any advantage of this statute , but that they be thereof answerable at the law. if those then who in this offensive warre assisted henry the th . to apprehend , and depose this perfidious , oppressing tyrannicall king , seduced by evill counsellors and his owne innate dis-affection to his naturall people , deserved such an immunity of persons and goods , from all kinds of penalties , because though it tended to this ill kings deposition , yet in their intentions it was really for the common profit of the realme , as this act defines it . no doubt this present defensive warre alone against papists , delinquents , and evill counsellors , ( who have miserably wasted , spoiled , sacked many places of the realme , and fired others in a most barbarous maner , * contrary to the law of armes and nations , and labour to subvert religion , laws , liberties , parliaments , and make the realm a common prey ) without any ill intention against his majesties person , or lawfull royall authority , deserves a greater immunity ; and can in no reasonable mans judgement , be interpreted any treason , or rebellion against the king , or his crowne , in law or conscience . in g the . yeare of king henry the th . ( a weake prince wholly gui●ed by the queene and duke of somerset , who ruled all things at their wills , under whose government , the greatest part of france was lost ; ) all things went to ruine both abroad and at home ; and the queene ( much against the lords and peoples mindes . ) preferring the duke of sommerset to the captain ship of calice , the commons and nobility were greatly offended thereat , saying , that he had lost normandy , and so would he doe calice . hereupon the duke of yorke , the earles of warwicke and salisbury , with other their adherents , raised an army in the marches of wales , and marched with it towards london , to suppresse the duke of sommerset with his faction , and reforme the governement . the king being credibly informed hereof , assembled his host , and marching towards the duke of yorke and his forces , was encountred by them at saint albanes , notwithstanding the kings proclamation to keepe the peace ; where in a set battell , the duke of somerset , with divers earles , and . others were slaine on the kings part , by the duke of yorke , and his companions , and the king in a manner defeated . the duke after this victory obtained , remembring that he had oftentimes declared and published abroad ; the onely cause of this war to be , the advancement of the pvblike weale , and to set the realme in a more commodiovs state and better condition ; vsing all lenity , mercy , and bounteousnesse , would not once touch or apprehend the body of king henry , whom he might have slaine , and utterly destroyed , considering that hee had him in his ward , and governance ; but with great honour and due reverence , conveyed him to london ; and so to westminster : where a parliament being summoned and assembled soone after ; it was therein enacted , that no person should either judge or report any point of untruth of the duke of yorke , the earles of salisbury and warwicke , for comming in warlike manner against the king at saint albanes , considering that their attempt and enterprise , was onely to see the kings person in safeguard and sure-keeping , and to put and alien from him the publike oppressors of the common wealth ; by whose misgovernance , his life might be in hazard , and his authority hang on a very small thred . after this , the h duke , an● these earles raised another army , for like purpose , and their owne defence in the and yeares of h. . for which they were afterwards , by a packed parliament at coventree , by their enemies procurement , attainted of high treason , and their lands and goods confiscated . but in the parliament of . h. . cap. . the said attainder , parliament , with all acts and statutes therein made , were wholly reversed repealed , annulled ; as being made by the excitation and procurement of seditious ill disposed persons for the accomplishment of their owne rancor and covetousnesse , that they might injoy the lands , offices , possessions , and goods of the lawfull lords and liege people of the king ; and that they might finally destroy the said lawfull lords , and liege people , and their issues and heires forever ( as now the kings ill ●ounseilors , and hungry cavalleers seek to destroy the kings faithfull liege lords and people , that they may gaine their lands and estates ; witnesse the late intercepted letter of sir iohn b●ooks , giving advise to this purpose to his majestie : ) and this assembly was declared ; to be no lawful parliament , but a devillish counsell , which desired more the destruction then advancement of the publike weale ; and the duke , earles , with their assistants were restored , and declared to be faithful and lawful lords , and faithful liege people of the realme of england , who alwaies had great and fathfull love to the preferrement and surety of the kings person , according to their duty . if then these two parliaments acquitted these lords and their companions , thus taking up armes , from any the least guilt of treason and rebellion against the king , because they did it onely for the advancement of the publike weale , the setting the realme in a better condition the removing ill counsellors ; and publike oppressors of the realme from about the king , and to rescue his person out of their hands : then questionlesse by their resolutions , our present parliaments taking up defensive armes , upon the selfe-same grounds , and other important causes ( and that by consent of both houses , which they wanted ) can be reputed no high treason nor rebellion against the king in point of law ; and no just , no rationall iudge or lawyer can justly averre the contrary , against so many forecited resolutions in parliament , even in printed acts. the i earle of richmund , afterward king henry the seventh , taking up armes against richard the third , ( a lawfull king , de facto , being crowned by parliament ; but an vsurper and bloody tyrant in verity ; ) to recover his inheritance , and title to the crowne , and ease the kingdome of this unnaturall blood-thirsty oppressor , before his fight at boswell field , used this oration to his souldiers , pertinent to our purpose . if ever god gave victory to men fighting in a just quarrell ; or if he ever aided such as made warre for the wealth and tuition of their owne naturall and nutritive countrey : or if he ever succoured them which adventured their lives for the reliefe of innocents , suppression of malefactors , and apparent offenders ; no doubt , my fellowes and friends , but he of his bountifull goodnesse will this day send us triumphant victory , and a lucky revenge over our proud enemies , and arrogant adversaries ; for if you remember and consider the very cause of our just quarrel , you shall apparently perceive the same to be true , godly , and vertuous . in the which i doubt not but god will rather ayde us , ( yea , and fight for us ) then see us vanquished , and profligate by such as neither feare him , nor his lawes , nor yet regard iustice and honesty . our cause is so just , that no enterprise can be of more vertue , both by the laws divine and civill , &c. if this cause be not just , and this quarrell godly , let god , the giver of victory judge and determine , &c. let us therefore fight like invincible gyants , and set on our enemies like untimorous tygers , and banish all feare like ramping lyons . march forth like strong and robustious champions , and begin the battaile like hardy conquerors ; the battell is at hand , and the victory approacheth , and if wee shamefully recule , or cowardly fly , we and all our sequele be destroyed ▪ and dishonoured for ever . this is the day of gaine , and this is the time of losse ; get this dayes victory , and be conquerours ; and lose this dayes battell , and bee villaines . and therefore in the name of god , and saint george , let every man couragiously advance his standard : they did so , flew the tyrannicall vsurper , wonne the field ; and in the first parliament of his raigne , there was this act of indemnity passed , that all and singular persons comming with him from beyond the seas into the real●e of england , taking his party and quarrell , in recovering his just title and right to the realme of england ▪ shall be utterly discharged , quit , and unpunishable for ever , by way of action , or otherwise , of or for any murther , slaying of men , or of taking and disporting of goods , or any other trespasses done by them , or any of them , to any person or persons of this his realme against his most royall person , his banner displayed in the said field , and in the day of the said field , &c. which battell though it were just , and no treason nor rebellion in point of law in those that assi●ted king henry the th . against this vsurper ; yet because the killing of men , and seising their goods in the time of warre , is against the very fundam●ntall lawes of the realme , they needed an act of parliament to discharge them from suits and prosecutions at the law for the same : the true reason of all the forecited acts of this nature , which make no mention of pardoning any rebellions or treasons against the king , ( for they deemed their forementioned taking up of armes no such offences ) but onely discharge the subjects from all suites , actions , and prosecutions at law for any killing or slaying of men , batteries , imprisonments , robberies and trespasses , in seising of persons , goods , chartels . what our princes and state have thought of the lawful●esse of necessary defensive warres of subjects against their oppressing kings and princes , appeares by those aides and succours which our kings in former ages have sent to the french , flemmings , almaines , and others , when their kings and princes have injuriously made warres upon them , and more especially , by the publike ayde and assistance which our i queene elizabeth and king iames by the publike advise and consent of the realme , gave to the protestants in france , germany , bohemia , and the netherlands against the king of france , the emperour , and king of spaine , who oppressed and made warre upon them , to deprive them of their just liberties and religion , of which more hereafter . certainely , had their defensive warres against their soveraigne princes to preserve their religion , liberties , priviledges , beene deemed treason , rebellion , in point of law : queene elizabeth , king iames , and our english state , would never have so much dishonoured themselves , nor given so ill an example to the world , to patronize rebells or traitours ; or enter into any solemne leagues and covenants with them as then they did , which have been frequently renued and continued to this present . and to descend to our present times ; our king charles himself hath not onely ( in shew at least ) openly aided the french protestants at ree and rochel against their king who warred on them ; the germane princes against the emperour ; the hollanders , and prince of o●a●ge , ( to whose sonne hee hath married his elstest daughter ) against the spaniard , and entred into a solemne league with them , ( which hee could not have done in point of law , iustice , honour , conscience , had they beene rebells or traytors , for standing on their guards , and making defensive warres onely for their owne and their religions preservation ; ) but likewise by two severall publike k acts of parliament , the one in england , the other in scotland , declaring , the scots late ●aking up armes against him and his evill counsellors , in defence of their religion , law●s , priviledges , to be no treason , nor rebellion ; and them to bee his true and loyall subjects ( notwithstanding all aspertions cast upon them by the prelaticall and popish party ) because they had no ill or disloyall intention at all against his majesties person , crowne , and dignity , but onely a care of their owne preservation , and the redresse of th●se enormities , pressures , grievances in church and state , which threatn●d desolation unto both . if then their seizing of the kings fortes , ammunition , revenues , and raising an army for the foresaid ends , hath by his majesty himselfe , and his two parliaments of england and scotland , beene resolved and declared to be no treason , no rebellion at all against the king ; by the very same , ( or better reason , all circumstances duely pondered ) our parliaments present taking up armes and making a defensive warre for the endes aforesaid , neither is , nor can be adjudged treason or rebellion , in point of law or iustice. in fine , the king himself in his l answer to the . propositions of both houses , iune . . confesseth , and calleth god to witnesse : that a● the rights of his crowne are vested in h●m for his subjects sake : that the prin●e may not make use of his high and perpetuall power to the hurt of those , for whose good he hath it ; nor make use of the name of publike necessity , for the gaine of his private favourites and followers , to the detriment of his people ; that the house of commons may impeach those , who for their owne ends , though countenanced with any surreptitiously gotten command of the king , have violated that law , which he is ●ound ( when he knowes it ) to protect , and to protection of which they were bound to advise him , at least , not to serve him in the contrary ( let the cavalleers and others consider this : ) and the lords being trusted with a iudiciary power , are an excellent screene and banke betweene the king and people , to assist each against any incroachments of the other ; and by just iudgements to preserve that law , which ought to be the rule of every one of the three . therefore the power legally placed in both houses , being more then sufficient to prevent and restraine the power of tyranny ; by his majesties owne confession ; it must needs be such a power as may legally inable both houses , ( when armes are taken up against them , by the king or any other , to subvert lawes , liberties , religion , and introduce an arbitrary government ; ) not onely to make lawes , ordinances , and assessements , but likewise to take up armes to defend and preseve themselves , their lawes , liberties , religion , and to prevent , restraine all forces raysed against them , to set up tyranny ; else should they want not onely a more then sufficient , but even a sufficient necessary power , to prevent and restraine the power of tyranny ; which being once in armes cannot bee restraned , prevented , repulsed , with petitions , declarations , lawes , ordinances , or any paper bulwarkes and fortifications , or other such probable or possible meanes within the parliaments power , m but onely by armes and militarie forces , as reason and experience in all ages manifest . from all which pregnant punctuall domesticke authorities and resolutions of ancient , moderne , and present times , i presume i may infallibly conclude ; that the parliaments present taking up necessary defensive armes , is neither , treason , nor rebellion , in iudgement of law ; but a iust and lawfull act , for the publicke benefit and preservation of king , kingdome , parliament , lawes , liberties , religion ; and so neither their generall , souldiers , nor any person whatsoever imployed by them in this war , or contributing any thing towards its maintenance , are or can be legally indicted , prosecuted , or in any manner proceeded against as traitors , rebels , delinquents against the king or kingdome ; and that all proclamations , declarations , indictments , or proceedings against them , or any of them , as traitors , rebels , or delinquents , are utterly unlawfull , uniust , and ought to be reversed as meere nullities . it would be an infinite tedious labour for me to relate , what civilians and canonists have written concerning warre , and what warre is just and lawfull , what not : in briefe , they all generally accord ; n that no warre may or ought to be undertaken cut of covetousnesse , lust , ambition , cruelty , malice , desire of hurt , revenge , or fer booty : propter praedam enim militare peccatum est ; whence iohn baptist , luke . . gave this answer to the souldiers who demanded of him , what shall we doe ? doe violence to no man : neither accuse any man falsly ; and be content with your wages . ne dum sumptus quaeritur , praedo grassetur . which prooves the warres of our plundring , pillaging cavalleers altogether sinnefull and unjust : and that such a warre onely is just , which is waged for the good and necessary defence of the common-wealth , by publike edict or consent ; or to regaine some thing , which is unjustly detained or taken away , and cannot otherwise be acquired : or to repell or punish some injury ; or to curbe the insolency of wicked men , or preserve good men from their uniust oppressions ; which warres ought onely to be undertaken out of a desire of peace ; as they prove out of augustine , gregory , isidor hispalensis , and others . in one word , they all accord ; that a necessary defensive warre to repulse an injury , and to preserve the state , church , republike , freedomes , lives , chastities , estates , lawes , liberties , religion , from unjust violence , is , and ever hath beene lawfull by the law of nature , of nations ; yea , by all lawes whatsoever , and the very dictate of reason : and that a necessary defensive warre , is not properly a warre , but a meere defence , against an unlawfull viol●nce ; and therefore must of necessitie be acknowledged lawfull ; because directly opposite to , and the onely remedy which god and nature have giuen men against tyrannicall and unjust invasions , which are both sinnefull and unlawfull . and so can be no treason , no rebellion , no crime at all , though our princes or parents be the unjust assail●nts . of which see more in hugo grotius , de iure belli , l. . c. . i shall closeup the civillians and canonists opinions touching the lawfulnesse of a defensive warre , with the words of albericus gentilis , professor of civill law in the vniversitie of oxford , in queene elizabeths raigne , who in his learned booke , de iure bel●i & pacis , dedicated to the most illustrious robert devoreux earle of essex ; ( father to the parliaments present lord generall : ) determines thus , lib. . cap pag. . &c. although , i say , there be no cause of warre from nature , yet there are causes for which we undertake warre by the conduct of nature ; as is the a cause of defence , and when warre is undertaken , because something is denied to to be granted , which nature it selfe affords , and therefore because the law of nature is violated , warre is undertaken . we say there is a three fold defence , one necessary , another profitable , a third honest ; yet wee shall deeme them all necessary . b he who defends himselfe , is said to be necessitated , neither will baldus have us distinguish , whether he defend himselfe , his goods , or those under his charge , whether neere , or remote ; his defence is necessary , c and done for necessary defence , against whom an armed enemy comes , and his against whom an enemy prepares himselfe : and to such a one the same d baldus truly teacheth , ayde is due by compact , whom others likewise approve e . this warre we may say , was anciently undertaken against mithridates , and against his great preparations . neither ought wise men to expect , till he had professed himselfe an enemy , but to looke more into his deeds , then words : thus whiles we say necessity , we speake not properly , but we understand , that necessity which is not rare in humane affaires , and hath wont to bee called neede : which yet precisely is not that true necessity , &c. f it is a most unjust conflict , where the one side being agent , the other is onely patient . there is a just defence , and slaying , although the slayer might flee without danger , and so save himselfe , whether the slayer who defends himselfe be of that condition , that it would be a disgrace to him to flee , or whether it would be no disgrace . g which opinions are received in the causes of private men ; and to mee are much more approved in publike causes . h defence even in bruites is a law of nature : i it is perswaded and constituted in us , not by opinion , but by a certaine imbred faculty : and it is a necessary law ; for what is there ( saith cicero ) that can be done against force , without force ? this is the most approved above all lawes . k all lawes , all rights permit to repell force with force . l there is one law and that perpetuall , to defend safety by all meanes . m all meanes are honest of preserving safety : this , reason to the learued , necessity to barbarians , cust●me to nat●ons , nature it selfe to wilde beasts , hath prescribed ; and this is no written , but borne , or native law. likewise , to defend our estates , is a necessary defence , and this is a just cause of defending , if wee bee assaulted by ●arre , though wee our selves have demerited the warre : which things others , and paulus cas●ensis have taught . and it will follow and adde this reason ; because the law or force of warre is not en●ed by ●btaining the things first demanded ; but walkes according to the conquerers pleasure . n who is content to repay so much revenge onely as he hath received wrong ? saith augustine , and all know it . this arbitrary power all not subdued may justly decline , and therefore defend themselves against it with armes . witnesses , o iudges who are enemies are repelled , although they against whom they proceed gave the cause of the enmity . p to one in armes he gives all things who denies just things : said caesar. neither doe we heare make question of that blamelesse moderation , where there is no superior . these things therefore are avoyded : and therefore the cause of romulus shall be said right to me , who defended himselfe by war against the invading sabines , albeit he had given them cause of warre and offence , by the rape of their women . q the force of necessity is so great , when men are pressed with armes , that those things which are unjust may s●●me most just ; as bodin well , r warre is just , to whom it is necessary ; & pia arma , quibus nulla nisi in armis relinquitur spes : and armes are pious to those to whom no hope is left but in armes . extreame necessity is exempted from all law. and yet i restraine not the present definition , to extreame necessity , or take extreame according to the condition of mens affaires : for be it so , let it be no necessitie , which may be no necessity ; romulus might have avoyded warre by restoring the ravished women ; yet he might likewise defend himselfe against the enemies even soone after marching against him . i stay not in this definition : for that is a question belonging to citizens . * he who being banished may be hurt without danger , yet he may defend himselfe . chap. xiiii . de utili defensione : he proceedes thus , i call that a profitable defence , when we move warre , fearing least we our selves should be warred upon : s no man is sooner oppressed then he which feares nothing , and security is the most frequent beginning of calamity . this first . next , we ought not to expect present force , it is more safe if we meete that which is future . there is more hope and more courage in him that infers force , then in him who repels it : he hath more courage who inferres danger , then he who repulseth it , t livy and vigetius : if the enemie should once prevent , u all things are disturbed with feare ; it behoves them therefore ( saith x nicephorus , an historian of no contemptible authority ) who would live without danger , to meete with , and prevent impendent evills , and not to delay or expect , that thou mayst revenge the received injury with danger , if for the present thou maist cut out the root of the growing plant , and suppr●sse the endeavours of an enemie who thinkes ill . and y suidas , yea demosthenes ; warre is not to be delayed but urged , least being first injured , we be compelled to repulse force . * this ( as the latin de n●sthenes cicer● saith ) is likewise a disgrace , that if thou mayst prevent future thou wouldest rather redresse present evils . that rude youth likewise ( so hath nature it selfe prescribed this law ) z i would rather looke to our selves , then i would be revenged having received injury : a but philo most excellently , that we presently slay a serpent at the first sight , although he hath not hurt us ; nor perchance will hurt us ; so carefull are we of our selves before he move himselfe . am i not over-tedious to thee in naming these authors , which yet are none of ours ? but the consent of various and many authors is great reason , &c. neither yet omit i , things held in lieu of proverbes , and therefore prove much what they signifie . b meete the approaching disease . withstand beginnings ; else medicines are provided over-late . neglected fires are wont to g●t strength . behold something out of the authors of law : c it is better to keepe lawes unviolated , then afterwards to seeke remedy . d it is lawfull to prevent : one providing to offend , i offend lawfully ; and others of this nature , which are more defined to humanity , and approved by mens judgements . e no man ought to expose himselfe to danger : no man ought to expect himselfe to be smitten or slaine unlesse he be a foole . we ought to meete the offence not onely which is in act , but that likewise which is in possibility to act . force is to be repelled and propulsed with force ; therefore not to be expected ; in which expectation there are also both other the foresaid certaine evils , and that likewise which is mentioned in the causes of private men , least perchance by giving the first stroke we be slaine ; or lest we yeeld by flying , and be oppressed lying downe . but not to flye is to repell force : all these things are cleare , and tried , and most apt to warlike tractates . what followes , hath some doubt , when the thing may seeme to come to that passe , that we must now run to this profitable defence . f a just cause of feare is required , suspition is not sufficient . now g a just feare is defined , a feare of a greater evill , and such as may deservedly happen unto a constant man. but here in this great cause of kingdomes , a feare that no dammage should happen although not very great , or if there be an evident cause of feare although the danger be not true , g but the cause onely of feare just , is sufficient : but not when a man feares that he ought not , &c. but concerning prevention there are notable things in i gellius . in all things to be taken heed of , there is not the same cause ; neither in the affaires and actions and offices of humane life ; or of taking , or deferring , or revenging , or bereaving . to a gladiator , ready to fight this lot of fight is propounded ; either to slay , if he shall prevaile , or to beslaine if he shall give over . but the life of man is not circumscribed with such unjust untamed necessities , that therefore thou oughtest first to doe the injury , which unlesse thou shalt doe , thou mayest suffer . and cicero ; k who hath ever enacted this , or to whom can it be granted without the greatest perill of all men , that he might lawfully slay him , of whom he might say he hath beene afraid , lest he himselfe might be slaine afterward by him ? yet rightly , notwithstanding , the mitileins against the athenians . l if we seeme injurious to any , if we have first failed , not tarrying ●till wee might plainely know , if they would doe us any hurt : he doth not rightly consider● for if we had beene of equall power , we m●ght safely lay ambushes for them againe , and we might delay : then he should speake truth : but since they have alwayes wit● them a power of hurting , it beseemed us to have this power , that we might anticipate a defence . why againe doe we aske for bartolusses , or baldusses with whose bare names we might rest satisfied ? and yet doe not more esteeme the defence of a most noble republick , yea of thucidides , a most noble man , and the sentence of a most wise man fortified with reason ? and seeing there may not be one probable cause of feare , and generally nothing can be defined concerning it , here we shall onely say , that it hath alwayes beene very considerable , and at this day , and hereafter it is to be considered , that potent and ambitious princes may be resisted , for they being contented with no bounds will at last sometime or other invade the fortunes of all men . m thus the romans move warre against ph●lip , lest greece being subdued , he should first make warre upon them . thus n lysimachus , when d●metrius had gotten the kingdome , fearing least he should provoke him , first moved warre , for he knew that demetrius had it from his father , alwayes to thinke of promoting the empire . thus the o lacedemonian embassadors , move the king of sicily to warre , because all the rest of the graecians being overcome by persa , he might in like manner stirre up ware against the siculi : men say , by helping us thou maist defend thy selfe . thus the p lacaedemonians themselves , perswaded by the acanthu tooke up warre against the olynthii : who by conquering their neighbours every where , and proceeding alwayes to further parts , they made no end of warres and of encreasing their dominion . thus the q campani for the fidicini against the samnites , and they say . we have fought in word for the fidicini , in deed for our selves : when we saw a neighboring people , to be set upon by the wicked plundering of the samnites : and when the fidicini had beene inflamed , that fire would h●reafter be transferred upon us : which also r herm● crates a just man of syracuse doth any of us thinke , that a neighbour further off being already overcome the calamity will not come upon him also ? thus s perseus , thus metridates did move and call in others against the power of the romans : for neither are occasions of warre wanting to those that aspire to the empire , and now they are hated for their power . which thing t appius somewhere saith to those his romans ; and it appeares most true ; for by ayding their confederates and friends , presently they got the empire of the whole world . but to omit these manifold examples , which even u others have thus noted , and which do thus declare to us the law of nations , which we seeke ; might not all men most justly withstand the turke on that side , and the span●a●d on this , meditating dominion every where and plotting it ? for indeed the turke wrongs not many , nor yet the spaniard , neither can the one or other doe it ; but they both doe injury to some , and he that doth wrong to one , threatens many : shall warres themselves be expected ? we have heard of the turkes before , and we all see it : if any one discernes it not of the spaniards ; x he may heare of p. iovius , that the nature of these are both impotent and greedy of bearing rule ; and when they have once crept in , endeavour alwayes by all meanes to attaine the highest power . y therefore we ought to resist ; and it is z better to beware that men encrease not too much in power , then to seeke remedy afterward against the mighty . a while the enemie is little , kill him . wickednesse lest tares grow , is to be crushed in the seed . why are not these sayings of hierome pertinent even here ? we cannot joyntly resist a common danger : b a common feare unites even those that are most divided and furthest off : and that by the instinct of nature , and our c baldus teacheth out of aristotle ; this is the reason of empyres , that they may not hurt ; as he , whosoever he was , said wel in dionysius , and nothing more true , and uttered as it were from an oracle , * in the judgement of bodin : d it is sufficient to have power to hurt , and that which can destroy others , dee thou destroy first : as aptly here the witty poet ; and truly it is very grievous , that we may possibly suffer an injury although we doe not suffer it : as e plutarch speaketh : and f baldus , that it is lawfull to use meanes for resistance : nor ought it to be in the power of an adversary to hurt us if he would : and that we ought to consider , that which hurteth , and that which can hurt . even the continuing of concord among the elements is this , by g equall proportion , and while in none , one is subdued of the other : ● and this is that , which that most wise , most desirous of peace , and father of peace , laurencius medices procured alwayes , that the affaires of the italian princes should be balanced with equall weights , whence both italy might have peace , which both it had whiles he lived , and was the preserver of this temper ; and which peace ceased when he deceased , and that temperature . the great off-spring of medices , was a great safegard both to his owne city and the rest of italy : doth he not as yet indeavour this , that one should not be able to doe all things , and all europe come under the command of one ? unlesse some be able to resist the spanyard , europe will certainely fall . i if any will pull a middle stone out of the wall , upon which all relies , the rest being carried together will follow . h no , this must never be permitted , that the dominion of any should grow so great , as neither to doubt before so much as of most manifest injustice , which polybius saith , and saith againe : whence hero therefore ayded the carthaginians against the mercenaries , least the carthaginians being oppressed , the romans should be able to doe all things . thus i livie of the diverse conceits of men upon the war of the romans , and perseus , that some favored him , some them , but there was a third part , the best and most prudent , who would have neither part to becom● more powerfull , the other oppressed , for so themselves should be in the best condition , alwayes protecting them from the injuries of the other : and these things ing●niously , marcus cato for the rhodians : who thorow hatred to the romans , k by their good will at least , or wishes had favoured perseus , they would not that we should have conquered the king : but also many other people , and many nations ; and partly not for reproach sake , but because they feared , that if there were no man whom we stood in awe of we might doe what we list , and every one of us , if any thinke any thing to be attempted against his owne estate , doth even with his strength contrarily endeavour that it be not attempted against him . this the embassador of persius had thus discussed before the rhodians , that they ought to endeavour , that the right and power of all things be not devolved to one people . cato adds , that their will ought not to be punished so much , because it ought to be discerned more certainely . l caesar doth not contradict , who thus disputes of raising of warre against king ari●vistus , that he ought to be punished before he became great , or should doe any evill , even because he had a thought to doe them hurt . neither ought this to be understood of the naked thought , and bare will ; but of that which hath assumed the act , declared in another * place ; that king was now fearefull to the romans in france , and his armes threatned danger : caesar therfore wisely and justly thought that there was no further delay to be made , but that he might restraine armes with armes . the n switzers lately very wisely , that they will favour neither the french nor emperor , but would keepe a league with them both , until their armies should not be hurtful to the helveti●● common-wealth . but i conclude , the defence is just which prevents dangers already meditated of , already prepared ; and also not thought upon , but very likely , possible : yet neither this last simply ; or would i call it just , to endeavour this war , as soone as ever any should be made too potent ; which i doe not affirme . for what if any princes power should be increased by successions , by elections ; wilt thou trouble him with warre , because his power may be dangerous to thee ? another thing therefore must be added concerning iustice. we will adde to others , who what they have thought of a just war , attend . chap. xv. of honest defence . it remaines to speake of honest defence , which is undertaken without any feare of danger to us , sought for no want of our owne , for no profit , but onely for other mens sakes , a and it resteth upon this foundation , that ( as marcus tullius saith ) nature hath ordained among men affinity , and love , and good will , and the bond of good will , and that the law of nations is placed in the society of men , which therefore is called by cicero also , b civill . c thus verilie the stoickes would have the city of the whole world to be one , and all men to be commoners , and townesmen ; and like one heard feeding together in a common ground . d all this that thou beholdest , wherein heavenly and earthly things are contained , is one ; and we are members of one great body , and the world it selfe is one e body . but nature hath made u● allyed , seeing she hath begotten us of the same , and in the same , also endewed us with mutuall love , and hath made us ●ociable . e and this our societie is most like the joyning of stones , in a wall ; which would fall , if the stones did not withstand , and uphold one another , as seneca excellently ; and which as f gellius , consisteth , upholden as it were , with a mutuall contrariety and support . g this is the desagreeing concord of things , as horace speakes , and we also before● and now thou hearest that all the world is one body , and all men are members of this one body , and thou hearest the world to be an house , and to be a city ; which heare againe , for they are beautifull . the world is the greatest house of things , thus v●rro . h man is a sociable creature , and being 〈◊〉 for the good of all , lookes upon the world as one house : thus seneca 〈…〉 〈◊〉 , the world it a common-wealth , i having one forme of 〈…〉 one law ; k philo , there is one commonwealth of all and a common 〈…〉 l tertullian , minutius , and also in aristotle , there is one great city : what an ha●●ony is here of wise men ? adde touching society that of cicero ; m society in the largest extent , ( which though it be often sayd we must repeate more often ) is of men towards men , n more inward , of those that are of the same countrey ; ne●rer of those that are of the sane city : and in another place : we are so borne that there may be a c●rtaine societie betweene all ; but greater as any one is nearer : citizens are better than strangers ; kindred ●ha● forriners . and thus doth o augustine note there soci●ti●s ; the first of the houshold , the second of the city , the third of the world , and saith , all the nations in the world are joyned together by humane societie . but what is this society and conjunction ? among the good there is as it were a necessary benevolence , which spring of friendship , is constituted of nature ; but that same goodnesse belongs also to the multitude ; for vertue is not inhumane , nor cruell , nor proud , which will not looke upon all people , writeth cicero ; and p ambrose , the law of nature bindes us to all charity ; that one should beare with another , as members of one body : and so also q baldus , we are borne for our own ▪ and for strangers by the bond of charity : those that say , care ought to be had of citizens , deny it of strangers , these men take away community and society of mankinde . also cicero : which r lactantius both citeth and hath approved . and the same cicero . s it is a filthy opinion of them , t who referre all things to themselves , filthy indeede , for man is borne for society , and it is his u duty to helpe others , and not live to himselfe onely : and for this cause cicero condemned the philosophers , because while they lacked one kinde of justice , and ( as x another holy man writes ) fulfilled indeede the greatest part of equity , not to hurt any , they offended against the other , because they forsooke the society of life , and so forsooke this part of justice , to profit when thou canst ; y dost thou not see how the world it selfe , the most beautifull of all workes doth binde it selfe with love ? we are z bound by the law of nature ( so sayes the interpreter of the law ) to be profitable every way : and the a same men deliver an equall defence of their owne and of strangers , but specially of confederates , from whom we must keepe off an injury ; and that this defence is both of divine and humane law . b plato thinkes , he ought to be punished that keepes not back an injury offered to another . now that which plato and these interpreters say of private citizens we may very well apply to princes and people : for what reason there is of a private man in a private city , there is the same in the publicke and universall city of the world , of a publique citizen , that is , of a prince , of the people of a prince : c as a private man hath relation to a private man , so a prince to a prince , saith baldus , d a man is a citizen to a man in the greater city , and borne for mutuall succour saith seneca . and because we are one body , if one member will hurt another member , it is meete the others should helpe that which is hurt , because it concerneth the whole , even that which hurteth , that the whole be preserved . so men should helpe men , for society cannot be preserved , but by the love and safety of the people . e vespatian cannot be approved who denies ayde , i know not to whom , upon this pretence , because the care of other mens affaires appertained not to him : for what good man is there who doth nothing but for his owne sake ? f cicero againe , even to g lazius king of persia , that he is not therefore just , because he doth nothing unjustly , unlesse also he defended the unjustly oppressed ; and by that meanes they obtained helpe , and bands of souldiers against the romans : for it is not a strange thing amongst men for a man to defend the estates and safety of men . h cicero had said the same ; he should have respect if not of the man , yet of humanity , which is due to every one from every one , for this very cause , because they are equally men : and humane nature the common mother of all men commends one man to another , i it is a noble example of the barbarous king of mauritania : who , when he heard that his enemie alfonse , king of castile , was pressed and almost oppressed by the armies of his sonne , hee sent a hughe masse of gold unto alfonso , he himselfe went over with a great armie of souldiers into spaine , judging it a most unworthy thing that his sonne should expell his father from his kingdome ; adding withall , that the victory obtained , he would be an enemie againe unto the same alfonso . what ? doe i feare the barbarians , enemies also , and bringing gifts ? that the deed of an enemy should be taken in the worst sence ? doth k guiccardine say truth ; that these things are not done of any but in hope of some profit ? the saying of guicciardine is dispraised by noble mountaygn in those his noble examples ? i demand of what right it is ? it is a question , if any be bound by law to defend another , when he can ? and they seeme commonly to deny this , and the l law sometimes saith , that we may without offence neglect other mens affaires : but our proper question is ; if any can thus justly defend another ? m wherein no man denieth just defence , even for the defence of a stranger it is lawfull to kill another , by the opinion which is approved of all doctors : n yea , the defence of him is approved , that neglects to defend himselfe , yea that refuseth to be defended by another , whether a friend defend him or another , even an enemie : and thus it is called the rule of humanity , and so o a benefit to be conferred often times upon the unwilling . so also there be many other definitions . also they conclude by an argument , not firme enough that way , in another quest●on : that a man may take money for defending another , which he should receive dishonestly , if he were bound to defend him by law : for may not a servant get a reward from him whom yet notwithstanding he might not neglect without punishment ? neither is it dishonestly given nor dishonestly taken , in way of thankefulnesse . p so it is not ill taken of a citizen from a citie , nor by a sonne from a father : for truely it is manifest , tha● many things cannot be done without offence ; and therefore if done they are worthy of rewards , yet not of punishment , if they be not done . againe , somethings on the contrary neglected , indeed contract offence , but reformed they merit not glory , so bernard : to which i adde a meane , that there be some things which being neglected contract offence , and fulfilled deserve reward . q but also even in the court of conscience they will have a man to be bound to defend a man. r but conscience is the will of a good man , yea of the best : but they deliver this also even in the way of honesty : and we follow honesty here , and that arbiterment : s but both in civill and canon law , against the rest bartolus inclines thus : albericus , igneus , decius , alc●atus , molineus , so teach : and t baldus elegantly , that it is a fault to omit the defence of another ; of himselfe , a treachery : which also in another place he determines . pla●o is also of this mind : and thus also u siracides : free him to whom injury is done , out of the hand of the injuri●us . i also am of the same minde , especially , if , which the forenamed interpreters adde , defence be not made with the danger of the defender . x for no man is bound to put himselfe in danger ; no man is bound so to assist against a fire . y otherwise thou hearest constantine say , that they which live by the rule of gods law , account an injury done to another , to be their owne . behold that thus also he ayded the romans against maxentius . heare againe baldus his lawyer , he that defends not , nor resists an injury , z is as well in fault , as he that forsakes his parents , or friends , or country : and if these be true in private men , how much more will they be in princes ? these mutually call themselves cosens , cosen-germans , brothers . they are so much the more true in princes , by how much if a private man defend not a private man , the majestrate remaines , that can both revenge the wrongs , and repaire the losses of private men , but there is none can peece up the injuries and hurts of princes , but the same prince , who after had rather apply a medicine to the evill , than hinder at the first that evill be not done . these things are true , but that also you may hold with a baldus that although these were not true out of philosophie of judgements , which is of things nec●ssary : the● ar● c●●tainely true from philosophie of manners : which consists of things persw●d●d , which philos●phie also we follow in this whole ●reatise . the philosophie of iudgements ▪ permits a man to neglect even himselfe , as baldus writes , and if besides , as it falls out almost alwayes , another speciall cause be joyned to this generall rule of honesty , it may come neerer to justice . let the opinion verily be true for me , that this cause of honesty alone , perch●●ce hath never m●ved any man to that honest defence . b guicciardines mouth sayd truely , no prince will make warre for pe●ant , unlesse perswaded w●●h desire of his owne gaine : yet that is ignominous to princes and sa●ours not of justice : but i had rather concurre with leo the philosopher . we know very few to keepe true love , for its sake alone to be stirred up to succour those that are intangled in misery , but on the contrary side , that the number is very great of those that for hope of getting any thing , come to helpe the unworthy : which is a more mild saying , and i thinke more true . but i seeke another thing , it is compleate justice which defends the weake : so d ambrose , and the canon law , and i seeke for that iustice. the romans also joyn●d this cause with others by which they were moved often times to make warre : e the defence of the lucans ( saith dionysius ) was the manifest cause of the samnitic all warre , which might have a shew of honesty , as common , and a nationall custome of the romans to ayde those that fled unto them : but the secret cause which did more urge , was the power of the samnites was great , and greater would it have beene , if the lucans had beene subdued , so the reason of profit lyes hid : and therefore seemes not so good , as it is honest : and yet we call profitable also , good and just , and the one is made just by the other : therefore what if they be deare unto us whom we should defend ? f vlpianus saith , that for love and friendship , for no other reason defence ought not to be omitted . the defence of those that ought to be deare unto us , is from nature , witnesse m. tullius . what , if our allies and confederates ? g he that keepes not of an injurie from his fellow when he can , is as well in fault , as he that doth it . am●rose , and h even we our selves are hurt when our fellowes are hurt : as in livie . i iohn bodin judgeth amisse , that an ally and a confederate is not bound to helpe his fellow , if there be no caution of helpe in the league ; and the contrary is now shewed by us , and also shall be shewed in the third booke . k what if they be of the same stocke and blood ? agesilaus made warre against the persians , that he might bring the greekes of asia into liberty . and the pettie kings of l germanie by an old custome of the nation , thinke it an haynous offence , not to be assistant to those that implore mutuall helpe : although there is there besides a certaine body of a common-wealth : as it is reported long since , that there was of the achai . what if of the same religion ? m nations are joyned together by the tye of religion , more than either by the communion of another law , or contract of a league : and therefore if we implore nature by communion , the law of nations by covenant , the common-wealth by lawes , by common religion ( the most powerfull thing of all ) we implore the bowels of men and of the holy one , who is the head of that communion . n so there was warre with the persians , because their fugitives were not delivered them , and they were not delivered by the romans , who would not dispise the humble professors with them of the same religion , who fled from the persian cruelty . thus iustinus answered the persian , that he could not but receive those of the christian religion , falling away to him from the persian , who compelled them to forsake christian religion . o and our writers doe thus resolve , that warre may be made if any converted to christian religion , should be oppressed by their lords , and that for the right of society contracted from conversion . what if neighbours ? p for what ? had i not very many , very just tyes of familiarity , of neighbourhood of country , of friendship to defend plancus ? saith cicero . and here is our case . q we are in danger if our neighbours house be on fire , for if fire have fiercely taken hold of some houses , they will hardly be defended but that the next houses will be burnt , which was elsewhere in salust , and now in ovid. s fire that is neere is hardly kept off from houses : it is good that we abstaine from neere adjoyned places : which verses are proverbiall in this thing ; and proverbes adde some credit . this notes something that as it is lawfull to pull our neighbours house downe , least the fire should come to us : and that question of a x house infected is the same , although touching this it is answered contrary : y yet the house infected with leprosie was pull'd downe . z and in many cases it is so , that we may doe ill to others , that it be not ill with us . we must beware of all contagion , especially of our neighbours : the ill contagions of a neighbouring people are hurtfull . a the romans ( saith florus ) as a certaine infection ranne over all , and taking in all the neerest people , brought all italy under them , and whatsoever dominion they had . b before fire is the vapour and smoake of the chimney , syracides also . so we see smoake from our neighbours fire , and will we not runne and put out the fire where it is ? it is c written againe , that it is lawfull for any to helpe his neighbour against an injury , yea , he seemes to be partaker of a fault , who doth not ayde his deadly foe , even speaking against help , nor yet desiring it . concerning which i have noted before , and will note further in the chapter following . chap. xvi . of ayding subjects that are strangers against their lord. i demand , if wee may justly defend subjects also that are strangers against their lord ? what if their cause also be unjust ? a ambrose noteth those three gods , iupiter , neptune , and pluto , have thus articulated , lest upon their intrenching on one anothers jurisdiction , they might make warre among themselves : they should not usurpe the rule of the sea , &c. b they say likewise , that we gods have this law , none of us will crosse the desire of him that willeth , but wee yeeld alwaies one to another . which being the fictions of very wise men , are applyed unto princes of the earth . but even without any circumstance at all , the corinthians speake thus to the athenians : c we doe plainely deny that any is forbidden to punish his ow●e : for if thou shalt defend those that have offended , even your owne subjects will defend themselves from you . yet i thinke not subjects of other men are altogether strangers from that neerensse of nature , and union of society , you doe also cut off the unity of mankinde , whereby life is sustained , as excelently d seneca . and if we make not princes lawlesse , tyed to no lawes nor conditions ; it is necessary , that there be some to admonish them of their duty , and may hold them fast bound ; which reason i expounded in the second booke of embassies . neither will i heere infer any confusion of kingdomes , or any inspection of one prince over another prince : neither doe i suffer those things to bee distinguished , which are most firmely glued together by nature , i meane , that kinred with all , among all . neither here otherwise may one prince have inspection over another prince , but such as may happen by every other warre , wherein one prince carries himselfe as a judge both of himselfe , and of another . if a question were among private men , it were most unjust to goe to a forraigne prince about it . also if there arise a difference betweene a private man and his soveraigne , there are magistrates appointed which may be sought unto . but when the controversie is touching the common-wealth , there neither are , nor can be any judges in the city . i call that a publike matter , when such , and so great a part of the subiects is moved , that now there is need of warre against those that defend themselves by warre . and as if those should come into part of the principality of the publike , and are peeres to the prince , who can doe so much as hee . e even as one king is said to be equall to another , who can resist another offering wrong , however greater , and more powerfull ; although i say not these things of the subjects themselves , unlesse it be in respect of forraigne princes , which will ayde the subject against their soveraigne , and who can ayde them no otherwise then in a controversie , as i have expounded , of the common-wealth . f and indeede , if the subjects be used more cruelly and unjustly , this opinion of defending is approved even of others , who both bring that laudable example of hercules , the lord of tyrants and monsters . there is also the example of constantine , who ayded the romans against maxentius , as i noted before . g we defend sonnes against injust fathers . adde now those golden sayings of h seneca . that being cut off , whatsoever it was , whereby he did cleave unto me , the society of humane right is cut off . if he doe not impugne my countrey , but is burdensome to his owne , and being bannished my countrey doth vexe his owne , yet so great naughtinesse of minde hath cut him off : although it maketh him not an enemy , yet hatefull unto mee . and the reason of the duty which i owe unto mankinde , is both more precious , and more powerfull with me , then that which i owne to one single man. thus verily ; or else we make all men forreigners to all princes , if we determine that they can doe according to their pleasure and lust . now what if the cause of the subject be unjust ? the foresaid authors deny , that men ought to ayde uniust forraigne subjects , least any by so ayding introduce the same law into his owne kingdome , which the corinthians did before . yea , i aristotle thinkes , that neither a wicked father is to be loved nor assisted with helpe . but this is false of a father , as i taught in a certaine disputation , perhaps it is more true , that those may be defended of us by war , who are unjust . for if it be a just warre which is to repulse a wrong , although they that repulse an injury , have given occasion to the warre : the same it seemes may be determined in the defence of others , even of subjects , for the same reason . surely there is that iniquity in warre , that it will make the same man to pronounce law to himselfe in his owne cause , or verily willing to pronounce it . vpon which pretence another prince may bring ayde on the contrary side , that things may more civelly be composed without warre . and this is that which k pyrrhus did when he came to ayde the tarentines against the romanes ; he admonished them first , that they would by their owne endeavour put an end to the controversie ; although neither the romans would not unjustly hearken unto the king ; or because they might deservedly suspect him , as being sent for by enemies , armed with enemies , ready to fight for enemies , and of kinne to enemies . l hee that stands armed with another , is said to bring helpe and ayde unto him ; neither is there neede to proove any thing against that at all . even he that armes himselfe , is beleeved to thinke upon warre , and m if he that is the friend of an enemie bee excluded from being a witnesse , much more from being a iudge . n for it is easier , if any be received for a witnesse then a iudge ; o the friend of my enemy is not presently ment my enemy , as neither my friends friend is my friend ; but there is a great suspition of them both , and of the friend of an enemy the more . but i returne to the question . p we are bound both to defend justly unjust sonnes against the cruelty of a father , or servants against the cruelty of a master ; and we laudably indeavour that by fury ( here is warre ) no not wicked men should be chastened and punished , for fury and warre have no measure . q and he that led by humanity or pitty , or any other approved and just cause , hath received another mans servant , is not bound by the statute of a corrupt servant , and that reception is accompted in the nature of good , &c. r even he is commended , who being angry with his servants committed them to be punished by another , this commendation being added , because he himselfe was angry . therefore a good prince will have the liberty of rage against his own subjects to be taken from him , being angry , as a good father , as a good master , and he will alwaies judge , that kingdomes were not made for kings , but kings for kingdomes , which is most true . this also of plato availeth , that we ought to use eloquence , chiefely to accuse our friends , to whom it is the best , thus to be drawn from future evils . and so i thinke that we may defend unjust forreigne subjects , yet to this end onely , for the keeping off immoderate cruelty and too severe punishment : s seeing it is not inhumane to doe good to those that have offended . yet i dare affirme , that this reason of bringing helpe doth seldome stand alone , but that another of necessity and profit may be pretended , or truely shewn , as is said before . behold now is the greatest question : if the english have justly ayded the hollanders because their cause was unjust , & the hollanders were even now subjects to the spaniards ? both which notwithstanding are false . it was said , that a warre was to bee undertaken upon that occasion , that a good peace might be obtained of the spaniard , which otherwise , as is thought , could not have beene had : t and so truly warre is lawfully undertaken , as u our men alledge : and the most wise reason of the physicians maketh for it , that if any feaver be slow which holds the body , and which yeelds to no cure , then the disease is to be changed , yea , to bee augmented and heightned . for when it doth not receive cure for the present as it is , it may receive that cure which is future . but even warre might have beene undertaken without that evill of an unfaithfull peace . as there be many bonds of neerenesse between the english and the hollander : the ancient friendship with the dukes of burgondy , the familiarity of these people , and the old consanguinity ; all the rest , which are noted at the end of the former chapter . and therefore with cicero , x they thinke not that the nocent are not to be defended , if they be the friends of a good man. adde one thing of great moment , that the hollanders overcome in warre , should altogether change their condition , and we see it in the conquered part , being for the most part , cast downe from their ancient liberty , and for the most part oppressed with garrisons , are governed now onely at the pleasure of the prince . but this our neighbours cannot endure . y neither is any other forbidden to favour libertie . but z it much behoveth neighbours to have a neighbour . a for if one man hath neede of another man , what shall we say that one neighbour is to another , saith a pindarus , and b callimac●us : ill neighbours are odious to mee , and c some wise hebrew , the worst of all diseases is an ill neighbour : and another of the same nation , woe to the wicked , and woe to his neighbour . and where may d morall fables be silent ? e an evill neighbourhood is like a mis-fortune ; the vicinity of great men is alwaies to bee shunned of the weaker ; f good men receive good things from good neighbours , and evill men , evill things , &c. so * plato , g and so th●mistocl●s ; when hee ●old a pi●ce of ground , ●ee commanded the crier to proclaime , that it had a good neighbour : which h interpreters note , to the law. and there bee many things of the same kinde . wherefore neither if these neighbouring subjects would change their condition , neither if by reason of a fault committed against their owne king , they be compelled to alter it , is another neighbouring prince compelled to suffer it , to whom neither another mans will nor offence ought to bring damage . the i venetian embassadors when they interceded for sigismund of maltesta , to pope pius the second , they spake even this , that neighbouring princes would not have another neighbour , whom furthermore they knew not , what he might hereafter be . and you may note , that sigismond held townes from the church , and for his committed offences , he ought worthily to lose them . perhaps some will doubt , whether these things be true in private mens causes . k for a private man seemes to have power to doe with his owne what he list , if it bee profitable to himselfe , and hurt not another . yet these things bee true thus in the causes of empires . for princes ought to take heed for the future , that another if he will , may not yet be able to hurt another , which is expounded in the treatise of profitable defence . l but even that rule , that it is lawfull for any to doe what he list with his owne , holds not otherwise ; then if the condition of a neighbour bee made neither worse nor more grievous thereby : although it be true that no man may take care of the gaine , which his neighbour made , and which was owing to him by no obligation . but even security , and a certaine singular conjunction of love from a neighbour , is due to empires : now this we know , what things are taken away when neighbours are changed . m and the same people is not the same that they were , if the common-wealth be not the same that it was . for it is not lawfull ( i say againe ) to doe all things with the subjects ; for that is not lawfull with the subjects which would be a hurt , and a danger to those that are no subjects . it is not lawfull to make fortes in his owne land , n which may be terrible to those that are not his , as you shall heare in the third booke . therefore neither is it lawfull to doe with his owne , that which may be a terrour to others . o how ever these are called equivalent , to doe in his own place , and towards his own subjects . whether if my neighbour should place in his house gunnes , and other things against my house , may i neither be carefull for my selfe , nor stirre against my neighbour ? thus , thus were preparations made in holland ; and that great noble man , leicester , very wisely foresaw , that the defence of the hollanders , was very wholesome and necessary for the common-wealth , and he perswaded it to be undertaken , p least if the spaniards should break through that pale of europe , as then very wisely iustus lipsius , called it there should remaine no obstacle at all to their cruelty . and thus farre of warre defensive . thus , and much more this our learned professor of the civill law , albericus gentilis ; whose words i have thus largely transcribed ; because they not onely abundantly justifie the lawfulnesse of the parliaments present defensive warre in point of law , and their ordinances of association and mutuall defence , but likewise fully answer all the cavils and pretences of royalists and malignants against the progresse and managing of this warre , from principles of nature , law , humane reason , equi●y , and humane authorities . the lawfvlnes of the parliaments present defensive warre in point of divinity and conscience . the lawfulnesse and justnesse of the parliaments present necessary defensive warre , in point of common , civill , canon law , and policy , having been largely debated in the premises , because not hitherto discussed in that kinde by any , to my knowledge ; i shall in the next place proceed to justifie it in point of divinity and conscience ; wherein , though i shall be more concise then i intended , because sundry learned * divines , a in many late printed bookes , common in all mens hands have professedly handled it at large , and given good satisfaction unto many unresolved scrupulous consciences ; yet because this treatise may come into diverse hands , which have not perused their discourses ; and those whose judgements may be convinced by the legall , may still have some scruples of conscience resting in them , in reguard of the theologicall part , and because some things ( perchance ) in point of theology , which others have wholly omitted , may seasonably be here supplyed , to satisfie consciences yet unresolved of the justnesse of the present , and all other necessary defensive warres , i shall not over-sparingly or cursorily passe through it , without a competent debate ▪ now lest the consciences of any should bee seduced , ensnared with generalities , or cleere mistakes through the mis-stating of the points in question , with which devise , many have beene hitherto deluded by the opposites , who cumbate onely with their owne mishapen fancies , discharging all their gu●shot against such tenets as are not in question , a●d no waies comming neere the white in controversie , i shall for my own orderly proceeding , and the better satisfaction of ignorant , scrupulous , seduced consciences , more punctually state the question , then formerly in the legall part ; first , negatively , next , positively ; and then proceede to its debate . take notice therefore . first , that this is no part of the question in dispute . whether the parliament , or any subjects wha●soever , may actually disobey , or violently with force of armes resist the kings , or any other lawfull magistrates just commands , warranted either by gods word , or the lawes of england ? it being out of controversie , readily subscribed by all of both sides ; that such commands ought not so much as to be disobeyed , much lesse forcibly resisted but cheerefully submitted to , and readily executed for conscience sake , rom. . . to . pet. . , . tit. . . hebr. . . iosh. . , , . ezra . . . eccles. , , , . the onely thing these objected scriptures prove , which come not neere the thing in question , though our opposites most rely upon them . secondly , neither is this any branch of the dispute : whether subjects may lawfully rise up , or rebell against their prince , by way of muteny , faction , or sedition , without any just , or lawfull publicke ground ; or for every trifling injury , or provocation offered them by their prince ? or whether private men , for personall wrongs ( especially where their lives , chastities , livelihoods are not immediatly endangered , by actuall violent , unjust assaults ) may in point of conscience , lawfully resist , or rise up against their kings , or any other lawfull magistrates ? since all disavow such tumultuous insurrections and rebellions in such cases : yet this is all which the oft objected examples of b korah , dathan , and abiram , with other scriptures of this nature , doe or can evince . thirdly , nor is this any parcell of the con●roversie . whether subjects may lay violent hands upon the persons of their princes , wittingly or willingly to deprive them of their lives or liberties , ●specially , for private injuries ; or in cold blood , when they doe not actually nor personally assault their lives or chastities ; or for any publike misdemeanours , without a precedent sentence of imprisonment , or death against them given judicially , by the whole states or realmes , where they have such authority to araigne and judge them ? for allunanimously disclaime , yea abominate such traitorous practises and iesuiticall positions , as execrable and unchristian : yet this is all which the example of davids not offering violence to king saul : the sam. . . to . cap. . . to . sam. . . to . or that perverted text of psal. . . ( the best artillery in our adversaries magazines ) truely prove . fourthly , neither is this the thing in difference , as most mistake it . whether the parliament may lawfully raise an army to goe immediately and directly against the very person of the king , to apprehend or offer violence to him , much lesse intentionally to destroy him , or to resist his owne personall attempts against them , even to the hazard of his life ? for the parliament , and their army too , have in sundry c rem●nstrances , declarations , protestations , and petitions , renounced any such disloyall intention or designe at all ; for which there is no colour to charge them ; and were his majestie now alone , or attended onely with his ordinary courtly guard , there needed no army nor forces to resist his personall assaults : yet this is made the principall matter in question by doctor ferne , d by an appeale to thy conscience , and other anti-parliamentary pamphlets ; who m●ke this the sole theame of their discourses : that subjects may not take up armes against their lawfull soveraigne , because he is wicked and unjust ; no , though he be an idolater and oppressor : that , sup●ose the king will not discharge his trust , but is bent , or seduced to subvert religion , lawes , liberties , yet subjects may not take up armes , and resist the king , it being unwarrantable , and according to the apostle , damnable , rom. . yea , this is all the questions the c●●valleers and malignants demand of their opposites in this cause . what ? will you take up armes ; will you fight against , or resist the king ? &c. never stating the question of his forces , his army of papists , malignants , delinquents , but onely of the king himselfe abstracted from his invading , depopulating forces , against whom , in this sence of theirs , the parliament never yet raised any forces , nor made the least resistance hitherto . these foure particulars then being not in question , i shall here appeale to the most malignant conscience : wh●ther doctor ferne , and all other our opposites , pretenders of conscience , haue not ignorantly , if not maliciously , made ship wracke of their good consciences ( had they ever any ) by a wilfull mistating of the controversie , concerning the present defensive warre , in the foure preceding particulars , which they make the onely questions ; when not so much as one of them comes within the verge of that which is the reall controversie ; and never once naming that in all , or any of their writings , which is the point indeed ? secondly , whether there bee any one text or reason in all their pamphlets , particularly applied to any thing which concernes the present warre , but onely to these foure particulars , which are not in debate ? and if so , ( as no conscience can gaine-say it ) then there is nought in all the wast papers they have published , which may either resolve or scruple any conscience , that the parliaments defensive armes and resistance are unlawfull in point of divinity , or conscience , which is steered by the scriptures compasse . but if these particulars be not in question ; you may now demand , what the knot and true state of the present controversie , in point of conscience , is ? in few words , take it thus . wh●ther both houses of parliament , and the subjects by their author●ty , for the preservation of their owne persons , priviledges , lawes , lives , liberties , estates , religion ; the apprehension of voted contumatious traitors , and delinquents , the res●uing his seduced majestie out of the power of popish pernicious counsellours and forces , who end●avour the kingdomes subversion , by withdrawing him from , and incensing him against his parliament , may not lawfully with a good conscience , take up necessary defensivs armes , and make actuall warlike resistance against his m●j●sti●s maligna it ill counsellors , and invading popish forces ( who now murther , rob , spoile , sacke , depopu●ate the kingdome in a most hostile manner , to set up tyranny , popery , and an arbitrary lawlesse government , ) in case they come armed with his personall presence , or commission , to ●xecute these their wicked illegall designes ; especially , when neither the parliament nor their forces in this their resistance , have the least thought at all , to offer any violence ▪ to the kings owne person , or to oppose his legall , iust soveraigne authority ? or shorter , whether the kings captaines an● souldier●s invading the parliam●nt , and subiects , as aforesaid , the parliament or subiects ( especially when authorized by an ordinance of both houses ) may not with a safe conscience forcibly resist these malignants though armed wit● the kings illegall commissions , without his personall presence , or with his presence and commissions too ? and for my part , i thinke it most evident , that they may lawfully resist , repulse them , even by divine authority . for the better clearing whereof , i shall premise these three undeniable conclusions . first , that no lawfull king or monarch whatsoever , ( much lesse the kings of england , who are no absolute princes ) have any the least authority from the lawes of god or man , personally by themselves , or instruments , to doe any injurie or iniustice to their subiects ; how much lesse then by open forc● to murther , rob , plunder , ravish , ruine , or spoile them of their lawes , liberties , estates , religion , all which is plentifully proved by law authorities , in the premises ; and punctually confirmed by these ensuing texts . ezech. . , . cap. . , . psalm . . . isay . , to . sam. . . isay . . cap. . . . . prov. . . . ez●●h . . . . . zeph. . . mich. . . to . sam. . . . . king. cap. . & . zeph. . . is●y . . cap. . . cap. . . . cap. . . chron. . . ier. . . to . obad. . . to . rom. . . . . ● . pet. . . . and infinite scriptures more . secondly , that all subiects and persons whatsoever , are obliged both in point of law and conscience to disobey , resist , and not execute , the uniust illegall commissions , mandates of their kings , and other magistrates . this is evident by the midwives refusall to mur●her the hebrewes male-child●en at king pharoahs command , for which god blessed them , and built them houses exod ● . to . by balaams deniall to curse or defie the israelites , at king b●lacks intreaty numb . . & . & . by the refusall of sauls guard and footmen to s●ay or fall on the priests a nob , by king sauls personall command , though present , and not onely their king but master too : sam. . . . by ionathans denyall to kill , or consent to the death of david upon sauls mandate , though not onely his soveraigne , but father , although he might have gained the crowne by it , and indangered his owne life by refusing it , sam. . . to . by sauls armour-beares forbearance to runne him thorow with his sword , when he fled before the philistimes , though he as his king and master enioyned him to doe it ; lest the uncircumcised should come and thrust him through and abuse him . sam. . . by mordechai his denyall to bend the knee to haman , the great favourite , though the king had so commanded , esther . . . . . . by shadrac● , meshach , abednego , and daniels refusall , to eat of the kings portion of meat and wine assigned them , least they should be de●iled , dan. . . to . by their peremptory resolution , not to fall downe and worship king nebuchadnezzars golden image , though twice strictly commanded by the king to doe it , and threatned to be cast into the fiery furnace ( as they were ) for refusing it , dan. . . to . by daniels disobeying the kings and lords idola●rous decree , not to offer a petition to any god or man for . dayes , save of king darius , under paine of being cast into the lyons denne , dan. . . to . by the pharises and chiefe priests officers neglect to apprehend our saviour for his preaching , though enjoyned so to doe by their masters , iohn . . to . by the apostles refusall to give over preaching , and perseverance in preaching , notwithstanding the high priests and councels expresse inhibitions and doubled commands , seconded with apprehensions , imprisonments , scourgings ; and their direct resolutions in this very case , d that we ought to obey god rather then men , acts . . to cap. . . to the end . by peters preaching to , and conversing with the vncircumci●ed gentiles , notwithstanding the christian iewes d●slike , acts . . to . with infinite presidents of this nature in ecclesiasticall histor●es ; the very sufferings of all the e martyrs depending on this ground alone : which is backed by matth. . . . . luc. . . cap. . . . . . ezech. . . to . rev. . . to the end . rom. . . iohn . . . thess● . . . exod . . iosh . psalm . . . to . thirdly , that as all kings illegall unjust commands are void in law , and will no waies extenuate the guilt , or justifie the actions of those instruments who execute them in point of law , as i have f fo●m●rly cleared ; so are they likewise meer nullities , and insufficient to excuse the executioners of them in point of conscience ; as is evident by , psal. . . where god threatens to destroy doeg the edomite , for ever , to take him away , plucke him out of his dwelling place , and root him out of the land of the living , for executing king sauls bloody command upon the priests at nob , sam. . by gods exemplary punishment upon those souldiers who by king nebuchadnezzars speciall command , bound the three children and cast them into the firy furnace ; who were slaine by the flames of the furnac●e , though these three martyrs had no harme in the furnace it selfe , dan. . . to . by gods consuming the two captaines and their fifties with fire from heav●n , who came violently to apprehend the prophet elija● by king ahaziah his commission , and unjust command , king. . . to . by the precept of iohn baptist given to souldiers themselves , luke . . doe violence to no man : ( neither by the kings , nor generalls command ) neither accuse any falsely . by tim. . . lay hands sodainly on no man , ( no more in a violent , military , then an ecclesiasticall sense ) neither be partakers of other mens sinnes : compared with the next forecited scriptures ; with rom. . . math. . . psal. . . . prov. . . to . oba● . ver● . . to . isay . . with isay . . the leaders of this people cause them to erre , and those th●t are led of them are destroyed . what therefore saint iohn writes in another case , iohn . . if there come any unto you ( be he an archbishop , bishop , archdeadon , ferne himselfe , or any court chaplaine whatsoever , ) and b●ing not this doctrine ; receive him not into your house , neither bid him god speed ; for he that biddeth him god speed , is partaker of his evill deeds : i shall apply to this particular of executing kings unjust commands against their people ; they are partakers of their kings wickednesse , if they do but intertaine their unjust commissions into their houses or bid them god speed ; much more if they execute them either voluntarily , or against their wills , out of an unworthy feare , or base respects . these three conclusions being irref●agable , my first argument to justifie resistance from them shall be this . that violence against the subjects persons , consciences , families , estates , properties , priviledges , or religion , which neither the king himselfe in proper person , nor any his officers , nor souldiers by command from him , have any autoritie by the lawes of god or man , in law or conscience to inflict : and which in conscience ought not to be obeyed , but rejected as a meere nullity , even by the instruments enjoyned for to execute it ; may justly with a safe conscience be ●esisted by the parliament and subjects ; there being not one syllable in gods word to contradict it . but the violence now offered by the kings forces to the parliament and snubjects every where , is such . therefore it may justly with a safe conscience be resisted ; especially in the kings commanders and souldiers , who are neither the king himself , nor the higher powers ordained by god ; and no other then plain theeves and murtherers in law and conscience , if they plunder , kill , spoile ; their commissions being but nullities in both ; and they in this particular meere private men , without any authority to iustifie their actions , as i have already proved . secondly , that resi●tance which is warranted by direct precedents recorded , approved in scripture even by god himself , must questionlesse be lawfull in case of conscience : but the resistance even of kings , their highest magistrates , officers in the execution of their unjust commands is thus warranted . therfore , doubtles , it must be lawfull in point of conscience . the minor ( only questionable ) is thus confirmed . first , by the notable example of the prophet e●ijah , kings . . to ● . who sending backe king ahaziah his messengers ( sent by him to enquire of baal● zebub the god of ekron , whether hee should recover of his disease ) with an harsh message to the king , contra●y to his command , which they disobeyed ; thereupon this king , in an angry fume , sent two captaines with . men apeece , one after another , to apprehend the prophet for this affront ; ( as g iosephus , with other interpreters accord , ) who comming with their forces to him , said ; thou man of god , the king hath said , come downe quickly . to whom he successively answered : if i be a man of god , th●n let fire come downe from heaven , and consume thee and thy fifty ; and there came fire from heaven thereupon , and consumed two captaines and their fifties : but the third captaine and his fifty , who hum●led themselves to the prophet , and begged the sparing of their lives , were spared ; the angel of the lord bidding the prophet to goe downe with them to the king , and not be afraid . from which text it is infallible , even by a divine miracle from heaven , doubled by god himselfe ; that it is lawfull for subjects in some cases , to resist the unjust violence of the souldiers and captaines of their kings though armed with their regall commands . secondly , by the history of the prophet elisha , kings . , , . who when king ●oram ( his soveraigne ) had sworne unjustly in his fury ; god doe so to me and more also , if the heàd of elisha shall stand on him this day ; and thereupon sent a messenger before him to elisha his house to take away his head ; the prophet was so farre from submitting to this instrument of his ; that he commanded the elders sitting then with him in the house , to looke when the messenger came , and shut the doore , and hold him fast at the doore , though the sound of his masters feet ( the king ) were behind him ; whom he stiles , the sonne of a murderer . might these two eminentest prophets thus openly resist the captaines , souldiers , and unjust executioners of their princes , with a good conscience ; and may not others lawfully doe the like ? no doubt they may . thirdly , ( if i bee not much mistaken ) this kind of resistance is warranted even by christ himselfe , and his apostles : for a little before his apprehention , christ uttered this speech unto his disciples , luke . , , . but now , he that hath no sword , let him sell his garment and buy one , &c. — and they said , lord , behold , here are two swords . and he said unto them , it is enough . why would christ have his disciples buy swords now , unlesse it were for his and their owne better defence , being the time when he was to be apprehended . h soone after this judas and his band of men sent from the high priests , with swords and staves came to seize upon christ. which when they who were about him saw what would follow : they said unto him ; lord , shall we smite with the sword ? his commanding them to buy swords now , was sufficient ground for this question , and intimation enough , that they might now use them : whereupon christ giving no negative answer ; one of them which were with iesus ( and iohn directly saith it was peter ) smote a servant of the high priest ( whose name was malchus ) and cut off his right eare . hereupon iesus answered and said , suffer yee thus farre : so i luke ; marke relates no answer at all reprehending this fact : k iohn records his speech to peter thus . then , said iesus unto peter , put up thy sword into the sheath . the cup which my father hath given me , shall i not drinke ? to which matthew addes , l thinkinst thou that i cannot pray to my father , and he shall presently give me more then twelve legions of angels ? but how then shall the scriptures bee fulfilled , that thus it must be ? so that the reason why christ bade peter thus to put up his sword ; was not because he thought defence of himselfe , and peters smiting now altogether unlawfull in it selfe ; but onely inconsistent with gods present providence , which it should seeme to crosse . christ was now by m gods eternall decree , and the scriptures prediction , ( which must be necessarily fulfilled ) to suffer death upon the crosse for our iniquities : should peter then , with the other disciples have totally resisted his apprehention at this time , and proceeded still to smite with the sword as they began , till they had rescued our saviour , he could not then have suffered , nor the scriptures be fulfilled : had it not beene for this speciall reason ( rendred by christ himselfe , to cleare all scruples against the lawfulnesse of selfe-defence in such cases , ) peter might still have used his sword to rescue his master from these catchpoles violence ; and if he and his fellowes had beene too weake to withstand them , christ was so farre from imagining that hee might not have lawfully defended himselfe ; that hee informes them , he could ( and would no doubt ) have presently commanded whole legi●ns of angels from heaven , by his fathers approba●sion , to rescue him from unjust violence . and his speech to pilate , after his taking , plainely , iustifies the lawfulnesse of such a forcible defence with armes to preserve a mans life from unjust execution : iohn . if my kingdome were of this world , then would my servants fight ( in my defence and rescue ) that i should not be delivered to the iewes : but now my kingdom is not from hence . all which considered , clearely justifies , the lawfulnesse of resisting the kings , or higher powers officers , in cases of apparant unjust open violence or assaults ; and withall answers one grand argument against resistance from our saviours present example : namely , * christ himselfe made no resistance when hee was unjustly apprehended ; ergo , christians his followers ( ergo , no kings , no magistrates too , as well as christ the king of kings , and lord of lords , for they are christians as well as subjects ; ) ought not to make any for●ible resistance of open violence : which argument is a meere inconsequent ; because the reason why christ resisted not these pursevants , and high priests officers , was onely , that his fa●hers decree , and the scriptures foretelling his passion might be fulfilled , as himselfe resolves ; not because hee deemed resistance vnlawfull , which he even then approved , though hee practised it not , as these texts doe fully proove . fourthly , the lawfulnesse of a defensive warre , against the invading forces of a soveraigne , is warranted by the example of the city abel ; which stood out and defended it selfe against ioab , davids generall , and his forces , when they besieged and battered it ; till they had made their peace , with the head of sheba who fled into it for shelter , sam. . . to . and by that of ester , ch. . . to . chap. . . to . pertinent to this purpose . where haman having gotten the kings decree , to be sent unto all provinces for the utter extirp●tion of the whole nation of the iewes , the king after hamans execution ( through gods great mercy , and mordecaies and queene esters diligence ) to prevent this bloody massacre by their enemies , granted to the iewes in every city , by letters under his seale , to gather themselves together , and to stand for their lives , to destroy , to slay , and to cause to perish all the power of the people and province that would assault them , both litle ones and women , and to take the spoile of them for a prey ; and that the iewes should be ready against the day , to avenge themselves of their enemies . hereupon when the day , that the kings commandment and decree ( for their extirpation ) drew nee●● to be put in execution , in the day that the enemies of the iewes hoped to have power over them ; the iewes gathered themselves together in thier cities , throughout all the provinces of king ahasuerus , to lay hand on such as sought their hurt ; and no man could withstand them , for the feare of them fell upon all people : and all the rulers of the provinces , and the lieutenants , deputies , and officers of the king helped the iewes , because the feare of mordecai fell upon them : so the iewes smote all their enemies with the stroake of the sword , and slaughter , and destruction , and did what they would unto those that hated them . in the place they slew eight hundred men , and hamans tenne sonnes , on severall dayes . and the other iewes that were in the provinces , gathered themselves together , and stood for their lives , and had rest from their enemies , and slew of their foes seventy and five thousand , but they laid not their hands on the prey . loe here a defensive war , justified , and granted lawfu●l , by the kings owne letters to the iewes , against their enemies , who by former charters from him , had commission wholly to ex●irpate them , neither had this licence of the kings in point of co●science , been lawfull , had their defence and resistance of the kings former commission been wholly unlawfull . and the reason of the kings grant to them , to resist and slay their enemies , that would assault them ; was not simply , because their resistance without it , ad standing for their lives , had beene unlawfull , by reason of the kings first unjust decree , which they ought not in conscience to submit to , without repugnancy ; but onely to enable the iewes , then captives , and scattered abroad one from another in every province , with more convenience , securitie , boldnesse , and courage now to joyne their forces together , to resist their malicious potent enemies ; to daunt them the more thereby ; nature it selfe , yea , and all lawes in such a bloody nationall butchery as this , without any j●st cause at all , both taught and en●bled every one of the iewes , to stan● for his life , his nations , relig●ons , preservation , even to the last drop of blood . therefore the letters of the king did not s●mply enable them to resist t●eir enemies , which they might have done without them ; but give them authority to destroy , and slay the wives and little children of their enem●es , and to take the spoile of them for a prey ; which they re●used to doe , because they deemed it unjust , notwithstanding the kings permission and concessi●n , which as to these particulars , was illegall , and more then hee could justly grant . this generall nationall resistance of gods own people then of their assaulting cruell enemies , even among strangers , in the land of their captivity under a forraigne enemy , with the former and other following precedents , will questionlesse more then conjecturally prove , if not infallibly resolve , the lawfulnesse of a necessary defensive warre , and opposition by free subiects , against their kings assailing forces which seekes their ruine , though armed with their kings commission , and that without any ordinance of parliament authorising them to resist , much more then , when enabled to oppose them by o●dinances of bo●h houses , as the iewes were to resist and slay their enemies by this kings letters and authority . thirdly , that kind of resistance which hath no one text , nor example in scripture to impeach its lawfulnesse , but many texts and precedents to countenance it , must doubtlesse be lawfull in point of conscience . but the resisting of kings invading pillaging , destructive forces ( who have nothing to plead , to justifie all their villanies but a void illeg●ll warrant ) hath no one text nor example in scripture to impeach its lawfulnesse , for ought i can finde ; ( and if there be any such , i wish the opposites would object it , for r●m . . as i shall shew hereafter , doth no waies contradict , but approve it : ) but it hath many texts and precedents to countenance it , as the premises and sequell attest : therefore it must doubtlesse bee lawfull in point of conscience . fourthly , it is confessed by all men , ( yea those who are most intoxicated with an o anabaptisticall spirit , condemning all kind of warre , refusing to carry armes to defend themselves against any enemies , theeves , or pirates ) that it is lawfull not onely passively to resist their kings unlawfull commands , and invading forces , but like wise by flight , hiding , or other pollicies , to evade and prevent their violence ; which is warranted not onely by p moses , q davids , and r elijahs , their severall flights from the violence of the egyptians , sa●● , and 〈◊〉 who sought their lives ; but likewise by s i●seph , mar● , and christ himselfe , who fled into egypt to escape the hand● and but chery of king herod ; by christs own direction to his disciples matth● , . but when they pers●cute you in this city , flee yee into another ; and that prediction of his matth. . . behold , i se●d unto you prophets , and wise men , and scribes , and ●●me of them ye shall kill and crucifie , and some of them shall you scourge in your synagogues , and persecute them from city to city ; which was really fulfilled . acts . . . c. . . c , . . c. , . c. to . c. . . to . c. . c. . . . c. . , , . ● cor. . . . rev. . . of which reade more in tertullian his b●oke de fuga in persecutione . hence then i argue thus . that unjust violence of princes and their armies , which subjects with a safe conscience may decline and flee from , when as they want power , meanes , or convenience to resist it , they may no doubt lawfully resist even with force of armes , when they have sufficient meanes and conveniences to resist , and cannot flee or submit thereto , without the publicke ruine : since the same justice and equity , which enables them by flight or stratagem to decline unjust assaults of a superior power , or its judgements , doth likewise enable them to escape and prevent it with resistance , when they cannot doe it by flight or other polici● : if then they may lawfully with a safe conscience hide , flee , or use lawfull policies , to prevent the open injust violence of their kings and their officers , when not guilty of any capitall crime deserving censures ; because by the very light of nature , and law of charity they are obliged to preserve themselves from unjust tyrannie ; and are no wayes bound to subject themselves to the cruelty , the unjust assaults , or oppressions of others : then by the selfesame reason , they may lawfully with force of armes defend themselves against such violent unjust attempts which they are no way obliged to submit unto , when as they cannot conveniently secure themselves and the publicke , but by such resistance , and should both betray their owne , the publicke safety , and religion ( as the subjects and parliament should now do ) in case they did not resist by force of armes to the utmost of their power : and become worse than infidels , who have even thus oft provided for their owne and the republickes securitie . fif●ly , god himselfe , the founta●ne of t justice , the u god of x order , the y preserver of humane society who detests of all tyranny ▪ cruelty z oppression , injustice , out of his a philanthropie ( which brought the sonne of his bosome from heaven to earth ) would never certainely in point of policy or conscience prohibit that , which is the onely probable meanes and apparent , remedy , to prevent , suppresse disorder , tyranny , cruelty , oppression , injustice , yea confusion in the world ; and to preserve good order and humane society : a truth so apparent , that no rationall man can contradict it . therefore questionesse he never prohibited forcible necessary resistance of the highest powers and their instruments in cases of open unjust violence , and hostile invasion made upon their people to ruine them , or subvert their established government , laws , liberties , iustice , religion : there being no other probable ordinary meanes left to any kingdome , nation , people , to preserve their government , lives , lawes , liberties , religion , and to prevent , suppresse , or redresse tyrannie , cruelty , disorder , confusion , yea utter ruine , when their kings and governors degenerate into tyrants , invading them with open force , but onely defensive armes : prayers and teares alone , without military opposition by force of armes , being no more able to defend a person , city or kingdome against oppr●ssing princes and their armies , then against theeves , pyrates or common enemies ; whom they must and ought to resist , as well with armes as orisons , with speares as well as teares , else they should but tempt the lord and destroy themselves ( like those b iewes and gothes who would not fight upon the sabbath , and so were slaine by their enemies without resistance : ) yea wilfully suffer the common-weale to be subverted , religion ex●irpated ; lawes trampled under feete , their own posterities to be enslaved , ruined without any opposition , even in a moment . for were it utterly unlawfull , and no lesse then treason or rebellion , in point of conscience for any subjects to take up defensive armes to resist the kings army , or forces , consisting for the most part of papists , delinquents , deboist athesticall persons of broken fortunes , seared consciences and most irreligious lives , i appeale to every mans conscience , how soone these unresisted instruments of cruelty would utterly extirpate our protestant religion , and common faith , for which we are enjoyned earnestly to contend and strive : 〈◊〉 . phil. . . . and shall we then yeeld it up and betray it to our adversaries without strife or resistance ? how sodainely would they ruin our parliament , lawes , liberties ; subvert all civill order , government ; erect an arbitrary lawlesse tyrannicall regency regulated by no lawes but will and lust ? how soone would they murther , imprison , execute our noblest lords , knights , burgesses , best ministers , and commonwealths-men for their fidelity to god , their king and country ? how many noble families would they disinherite ? how many wives , widdowes , virgins would they force and ravish ; what cities , what countries , would they not totally pillage , plunder , sack , ruine , consume with fire and sword ? how soone would our whole kingdome become an acheldama , a wildernesse , a desolation , and the surviving inhabitants either slaves or beasts , if not devils incarnate ? yea how speedy might any private officers , captaines , commanders , by colour of illegall com●issions and commands from the king , or of their offices , and all the notorious rogues and theeves of england , under colour of being listed in the kings army , if the people might not in point of law or conscience resist them with armes who came armed for to act their villanies , maliciously rob , spoyle , plunder , murther all the kings leige people , without any remedy or prevention , and by this pretext , that they are the kings souldiers , sodainely seise and gaine all the armes , treasure , forts , ammunition , power of the realme , into their possessions in a moment ; and having thus strengthned themselves , and slaine the kings faithfull subjects , usurpe the crown it selfe if they be ambitious , as many private captaines and commanders have anciently slaine divers roman and grecian emperours , yea sundry spanish , gothish and moorish kings in spain by such practises and aspired to their crowns , ( of which there are sundry such like presidents in most other realmes : ) to prevent , redres , which severall destructive mischiefes to people , kingdome , kings themselves , god himselfe hath left us no other certaine , proper , sufficient remedy but a forcible resistance , which all kingdomes , nations throughout the world , haue constantly used in such cases , as i shall manifest more largely in the appendix . therefore certainely it must needs bee lawfull , being gods and natures speciall ordinance to secure innocent persons , cities , nations , kingdomes , lawes , liberties , lives , estates , religion , and mankinde it selfe , against the hurtfull lusts of unnaturall tyrants , and their accursed instruments , against ambitious , treacherous , male-contented spirits , maliciously bent against the publicke weale , and peace . there are two things onely which usually restraine inferiour persons from murthering , robbing , disseising , injuring one another ; the one is , feare of punishment by the magistrate ; the other , feare and danger of being resisted , repulsed with shame and losse of limbe or life by those they violently assault , injure ; and were this once beleeved , received for law or divinity in the world , that it were unlawful to resist , repulse a theefe , murtherer , riotor , or disseisor comming in the kings name , long enjoy his life , goods , liberty , lands , but some or other would deprive him of them notwithstanding all restraints of lawes , of penalties , and maintaine suites against him with his owne estate violently seised on ; the right of lawfull defence , being every mans best security , to preserve his life , estate , in peace against the violence of another , whence the wisdom of the common law , makes every mans house his castle , in the necessary defence wherof , and of his person , goods from the violence , rape of others , it gives him libertie to beate , repulse , yea kill injurious assailants : which right of defence if once denyed , would open a wide gap to all wickednesse , injustice , disorders whatsoever , and speedily bring in absolute confusion , subversion of all property , law , order . as for emperors , kings , great officers , and other ungodly instruments , armed with princes unjust commissions , who deeme themselves above the reach of humane lawes , censures , and accountable for their unjust actions to none but god himselfe , there is no other knowne barre or obstacle to hinder or restraine their armed violence , tyrannie , oppressions , but onely the feare of the oppressed assaulted subjects armed resistance ; which if once denyed to be lawfull , all royalties would soone be transformed into professed tyranni●s , all kings & magistrates into tyrants , all liberty into slavery , property into communitie , and every one would thereby be exposed as a voluntary prey to the arbitrary cruelty covetousnesse , avarice , lusts , of the greatest men . therefore doubtlesse this armed resistance cannot but be lawfull , necessary , just , in point of law and conscience , to eschew these generall mischiefes . sixtly , all will readily grant it lawfull in case of conscience , for subjects to resist a forraigne enemie which invades them with force of armes , though animated by the king himselfe to such invasion ; and why so , but because they are their enemies , who would wrongfully deprive them of their native inheritance , liberties , estates , and worke them harme ; upon which ground , we read in the kings . . that when the moabites heard that the kings of israel , iudah and edom came up to fight against them with a great army , they gathered all that were able to put on armour , and upward to withstand them , and stood in the border ; and when ever the midianites , phili●●ines , syrians , babylonians , aegyptians , cananites or other enemies came to assault the israelites , they presently assembled together in armes to encounter and repulse them , as the histories of ioshua , iudges , samuel , the kings , chronicles , and nehemiah abundantly evidence , almost in every chapter . if then subjects may with a good conscience resist forragin enemies on this ground alone ; then likewise domestick foes and their kings own forces , when they become open enemies , to rob , kill , plunder , destroy them as inhumanely , as injuriously as the worst forraigne foes , there being the selfe same ground for the lawfulnesse of resistance of the one as the other , and if the ballance encline to one side more than other , an intestine enemie being more unnaturall , unjust , hurtfull , dangerous , and transgressing more lawes of the realme ( which obliege not strangers ) than a forraigner , and a civill warre being far worse , and more destructive than a forraigne ; the resistance of an homebred enemy , must be the more just and lawfull of the two , even in point of conscience . seventhly , the very law of god both alloweth and commands all men , to resist their spirituall enemies , with spirituall armes : iam . . resist the devill and he will flee from you , otherwise he would easily subdue and destroy us . pet . . . be sober and vigilant , because your adversarie the devill as a roaring lyon walketh about seeking whom he may devoure : whom resist stedfast in the faith , ephes. . . to . finally my brethren be strong in the lord , and in the power of his might : put on the whole armour of god , that ye may be able to stand against the wiles of the devill . for we wrestle ( or warre ) not against flesh and blood , but against principalities , against powers , against the rulers of the darkenesse of this world , against spirituall wickednesse ( or wicked spirits ) in high places . wherefore take unto you the whole armour of god , that ye may be able to withstand in the evill day , and having done all , to stand : stand therefore having your loynes girded about with truth , &c. above all taking the sheild of faith , wherewith ye shall be able to quench all the fiery darts of the wicked ; and take the helmet of salvation , and the sword of the spirit , which is the word of god : praying alwayes with all prayer and supplication . hence christians are termed , souldiers of iesus christ , and ch●istianity a warf●●e , against the world , the flesh , and prince of the world , the devill : tim. . , . cor. . . tim. . . iam. . pet. . . rom. . . cor. . . cor. . . i say . . rev. . . . in which warfare , we must fight and resist even unto blood striving against sinne , heb. . . vsing not onely prayers and teares , but other spirituall weapons of warre , mighty through god , able to ●ast downe every high thing that exalteth it selfe , to bring into captivitie every thought to the obedience of christ , and to revenge all disobedien●e , cor. . . . . if then we may and must manfully resist , and fight against our spirituall enemies , though principalities , powers , rulers , wicked spirits in high places , and the c prince of this world himself , the devill , when they ass●ult and seeke to devoure our soules : then by the selfesame reason , we l●wfully with a safe conscience may , yea ought to resist , repulse our corporall enemies when they maliciously , un●u●●ly , forcibly assault us , against all rules of law , of conscience , to murther , enslave , destroy our bodies , soules , religion , the republicke , which must be dearest to us , though they be principalities , powers , rulers , wicked spirits in high places , yea princes of this world ; with all their under officers and instruments of cruelty , not onely with prayers and teares , but corporall armes and force , because they unnaturally , tyrannically , seeke the destruction of our bodies , estates , liberties , republicke , religion , there being no inhibition in scripture , not to resist the one or other , but infinite texts authorising men , not onely to resist , but warre against , yea slay their malicious open enemies , untill they be sub●ued or destroyed , exod. . . . levi. . . . num. . . deut. . throughout . iosh. c. . to c. . sam. . . to . chron. . . . esth. . . neither doe the texts of mat. . luk. . . but i say unto you , that ye resist not ●vill , but whosoever sh●ll s●●ite thee on the right cheek● , turne to him the other also , and hi● that taketh away thy cloake , forbid not to take thy c●ate also ; prohibit all actuall resistance of publick violence offered by enemies to our persons , goods , or lawfull defensive warres ; which precept ( as is cleare by the context , and resolved by d augustine , gratia● , e alensis , and f others ) extends onely to some private injuries and revenges , and to the inward patient preparation of the mind to suffer two injuries , rather thē maliciously to revenge a single one , especially in cas●s where we want ability to resist ; not to an actuall bearing of all grosse outward injuries to our persons or estates , without resistance : which precept being given generally to all christians ; to kings and magistrates as well as subjects , if it be strictly urged , prohibits kings and magistrates to resist the violence and injuries of the people , as much as the people , not to repulse the armed violence and oppressions of their p●inces and governours : and that text of iames . . ye have condemned and killed the just , and he doth not resist you , ( which some thinke is meant of christ alone ) proves onely , that some just men , and many martyrs have beene condemned and killed without resistance , as our saviour was ; not that it is unlawfull to resist an open enemy , theefe or murtherer , who comes to kill , rob , or plunder us against law and conscience . i read of f saint andrew , that when the people ran together in multitudes ●o rescue him out of the hands of a wicked man , and defend him from the injury of death , he teaching them both by word and example , exhorted them , not to hinder his martyrdome ; yet the people lawfully rescued innocent ionathan , from that unjust death which his father king saul twice vowed hee should undergoe : g some mens patient suffering death and injuries without resistance , is no better an argument , that all therefore must so suffer without opposition , then that all men ought to yeeld their purses up to high-way theeves , or their persons , goods , ships , to turkes and pyrates , without fight or resistance , because some , yea many have shamefully done it for want of courage when they were able to resist , and so have deservedly lost their purses , shippes , goods , liberties , and become turkish gally-slaves , to the ruine of their estates , bodies , soules , which miseries by a manfull just defence , they might have easily prevented . all which considered ; i see no ground in scripture , nor reason , but that temporall enemies of all kindes which wrongfully invade our persons or estates by open force of armes in a warlike manner , may be resisted with temporall weapons , as well as spirituall enemies with spirituall armes . eighthly , that which all nations in all ages by the very light of nature have constantly practised , as just and lawfull , must doubtlesse h be lawfull in point of conscience , if there be no law of god to the contrary . but selfe-defence against invading tyrants and their instruments hath by the very light of nature beene constantly practised , by all nations in all ages , as just and lawfull , which the premises , the appendix , the histories of all ages evidence ; there being never any one nation or kingdome for ought i finde , that ever yet reputed it a thing unlawfull in point of conscience ; to resist the open malicious destructive tyranny , violence , hostility of their unnaturall princes , or that desisted from any such resistance , giving themselves up willingly to their outragious lusts and butch●ries , without any opposition ( though some private men and martyres have sometimes done it , upon particular reasons , as to avoid the scandall of religion ; to beare witnesse to the truth , for the confirmation and conversion of others ; or for want of power or oportunity to resist ; or to avoyd a generall massacre of their fellow christians , or because they were onely a few private men ; and their religion directly opposite to the lawes and government under which they lived , or the like , not because they judged all resistance simply unlawfull , as i blinde doctors ●alsely informe us , which i shall prove hereafter ; ) and there is no law of god at all to prohibite such resistance : therefore doubtlesse it must be lawfull , even in point of conscience . ninthly , that which is directly opposite to what is absolutely illegall , and unjust in point of conscience , and the chiefe lawfull obstacle and remedy , to prevent or redresse it , must certainely be just , be lawfull in the court of conscience , since that which is directly opposite to that which is ●imply ill , and unjust , must necessarily be good and just . but necessary just defence by force of armes , is directly opposite to that open armed violence , and tyranny which is absolutely illegall and unjust in point of conscience , and the chiefe lawfull remedy and obstacle to prevent or redresse it : as reason , experience and the premises evidence ▪ therefore it must necessarily be just and lawfull , even in the court of conscience . tenthly , that resistance which doth neither oppose the kings royal person , nor lawfull authority ; must certainely be lawfull in point of conscience : but the resistance of the kings forces not accompanied with his person , in the execution of his unjust commands ; is neither a resistance of his royall person , ( for that is absent , and his cavalliers i hope are no kings , nor yet invested with the priviledges of kings ; nor yet of his lawfull authority ; ) his illegall commissions and commands , being meere nullities in law , transferring no particle of his just authority to those who execute them . therefore it must certainely be lawfull in point of conscience . eleventhly , that resistance which is the onely remedy to keepe not onely kings themselves , but every one of their officers and souldiers from being absolute tyrants , monarchs ; and the deny all whereof , equalizeth every souldier , and particular officer to kings , yea god himselfe ( whose prerogative only it is to have an * absolute unresistable wil ; ) must doubtlesse be lawful in the court of conscience . but this necessary defensive resistance now used by the parliament and subjects , is such : for if they may not resist any of the kings officers or souldiers in their plunderings , rapines , fierings , sackings of townes , beating , wounding , murthering the kings leige people and the like ; will not every common souldier and officer be an absolute tyrant , equall in monarchie to the great turke himself , and ●aramount the king , who hath no absolute irresistable soveraignety in these particulars ? either therefore this resistance must be granted , not onely as lawfull , but simply necessary , else every officer and common souldier wi●l be more than an absolute king and monarch , every subject worse than a turkish slave , and exposed to as many uncontrolable soveraignes , as there are souldiers in the kings army , be their conditions never so vile , their qualitie never so mean , and the greatest peeres on the parliaments party , must be irresistably subject to these new absolute soveraignes lusts and wills . twelfthly , if all these will not yet satisfie conscience in the lawfulnesse , the justnesse of the parliaments and peoples present forcible resistance of the kings captaines and forces , though armed withan illegall commission ( which makes nothing at all in the case , because voyd in law ) there is this one argument yet remaining which will satisfie the most scrupulous , malignant , opposite conscience : that necessary forcible resistance which is authorised , and commanded by the supreamest lawfull power and highest soveraigne authority in the realme , must infallibly be just and lawfull , even in point of conscience , by the expresse resolution of rom. . and our opposites owne confession ; who have k no other argument to prove the offensive warre on the kings part lawfull , but because it is commanded ; and the parliaments and subjects defensive armes vnlawfull , but because prohibited by the king , whom they falsely affirme , to be the highest soveraigne power in the kingdome , above the parliament and whole realme collectively considered . but this resistance of the kings popish malignant , invading forces ; is authorized and commanded by the expresse votes and ordinances of both houses of parliament , which i have already undeniably manifested , to be the supreames● lawfull power , and soveraignest authority in the realme , paramount the king himselfe , who is but the parliaments and kingdomes publicke royall servant for their good : therefore this resistance must infallibly be just and lawfull , even in point of conscience . thus much for the lawfulnesse in court of conscience of resisting the kings unjustly assaulting forces , armed with his commission : i now proceede to the justnesse of opposing them by way of forcible resistance when accompanied with his personall presence . that the kings army of papists and malignants , invading the parliaments or subjects persons , goods , lawes , liberties , religion , may even in conscience bee justly resisted with force , though accompanied with his person , seemes most apparently cleare to me , not only by the preceeding reasons , but also by many expresse authorities recorded , and approved in scripture , not commonly taken notice of : as , first , by the ancientest precedent of a defensive warre that we read of in the world , gen. . . to . where the five kings of s●dom , gomorrah , admah , zeboiim , and zoar , rebelling against chedorlaomer king of nations , after they had served him twelve yeeres , defended themselves by armes and battle against his assaults , and the kings joyned with him : who discomfiting these five kings , pillaging s●dom and gomorrah , and taking lot , and his goods along with them as a prey : hereupon abraham himselfe , the father of the faithfull , in defence of his nephew lot , to rescue him and his substance from the enemie , taking with him . trained men of his owne family , pursued chedorlaomer , and the kings with him , to dan , assaulted them in the night , smote and pursued them unto hoba , regained all the goods and prisoners , with his nephew lot , and restored both goods and persons freely to the king of sodom , thereby justifying his and his peoples forcible defence , against their invading enemies , in the behalfe of his captivated plundred nephew and neighbors . secondly , by the example of the israelites , who were not onely king pharaoh his subjects but bondmen too , as is evident by exod , ch . . to . deut. . . c. . . c. . . c. . . c. . . . ezra . . . now moses and aaron being sent by god to deliver them from their aegyptian bondage , after . yeares captivity , under colour of demanding but three dayes liberty to goe into the wildernesse to serve the lord , and pharaoh , ( notwithstanding all gods miracles and plagues , ) refusing still to let them depart , till enforced to it by the slaughter of the egyptians first borne ; as soone as the israelites were marching away , pharaoh and the aegyptians , repenting of their departure , pursued them with their chariots and horses , and a great army even to the red sea , to reduce them ; hereupon the israelites being astonished and murmuring against moses , giving themselves all for dead men ; moses sayd unto the people feare ye not , stand still , and see the salvation of the lord , which he will shew to you this day : for the aegyptians whom you have seene to day , ye shall see them againe no more for ever , the lord shall fight for you , &c. and hereupon god himselfe discomfited routed , and drowned them all in the red sea : i would demaund in this case , whether the isralites might not here lawfully ( for their owne redemption from unjust bondage ) have fought against and resisted their lord , king pharaoh , and his invading host , accompanied with his presence , had they had power and hearts to doe it , as well as god himselfe , who fought against and destroyed them on their behalfe ; if so , ( as all men i thinke must grant , unlesse they will censure god himselfe ) then a defensive warre in respect of life and liberty onely , is just and lawfull even in conscience , by this most memorable story . thirdly , by that example recorded iudges . . . . where god growing angry with the israelites for their apostacie and idolatry , sold them ( here was a divine title ) into the hands of cushan-rishathaim king of mesopotamia , and the children of israel served him . yeares . here was a lawfull title by conquest and . yeeres submission seconding it . but when the children of israel cryed unto the lord , the lord raised up a deliverer to them even othniel , the son●e of kenaz : and the spirit of the lord came upon him , and he went out to warre , and the lord delivered cushan-rishathaim king of mesopotamia into his hands , and his hand prevailed against him , so the land had rest . yeeres . loe here a just defensive warre approved and raised up by god and his spirit ( in an ordinary manner only , as i take it , by encouraging the instruments ) wherein a conquering king , for redemption of former liberties , is not onely resisted but conquered , taken prisoner , and his former dominion abrogated , by those that served him , as conquered subjects . fourthly , by the example of ehud , and the israelites , iudges chap. . . to where we finde , god himself strengthning eglon king of moab against the israelites for their sinnes , who thereupon gathering an army smote israel , possessed their cities , so as the israelites served this king . yeeres . here was a title by conquest , approved by god , submitted to by the israelites : yet after all this , when the children of israel cryed unto the lord , he raised them up a deliverer , namely ehud , who stabbing eglon the king in the belly , under pretext of private conference with him , and escaping ; he thereupon blew the trumpet , commanded the israelites to follow him to the warre , slew ten thousand valiant men of moab , which he subdued , and procured rest to his country . yeeres . god , his spirit , word , approving this his action . fifthly , by the example of barack and deborah , iudges ch . . and . where god selling the children of israel for their sinnes into the band of iabin king of canaan , and his captaine sisera , for . yeeres space , during which he mightily oppressed them , hereupon barack at the instigation of the prophetesse deborah , by the command of the lord god of israel , gathered an army of ten thousand men ; which sisera , and the king of canaan hearing of , assembled all their chariots and army together , at the river of ●ishon , where the lord discomfited sisera and all his host , with the edge of the sword before barack his army , and subdued iabin the king of canaan , before the children of israel : which warre is by a speciall song of deborah and barack highly extolled , and god in it , as most just and honorable : and this curse denounced against those that refused to assist in it , iudges . . curse ye meroz ( saith the angel of the lord ) curse ye bitterly the inhabitants thereof , because they came not out to the helpe of the lord , to the helpe of the lord , against the mighty ; with this corollary ; so let all thine enemies p●rish o lord : but let them that love thee be as the sunne when it goet forth in his might . what more can conscience desire to justifie the lawfulnesse of a just defensive warre ? sixthly , by the example of gideon and the israelites , iudges c. . who being delivered by god into the hands of the prince of midian for seven yeares , gideon by speciall incouragement and direction from god himselfe , with a poore despicable army of . men , defeated the great hoast of the midianites , and tooke and slew their princes . by these last pregnant presidents , it is most evident , that a forraigne king who hath gained a title onely by conquest ( though with divine concurrence , by way of punishment for that peoples sinne ) may lawfully be resisted , repulsed , even after some yeares forced subjection and submission to him , by the people conquered , to regaine their former liberties . seventhly , by the precedent of abimelech king of shechem , who being elected king by the voluntary assents of the people , god afterwards sending an evill spirit of division between abimelech and the men of shechem ; thereupon they revolted from him , and chusing gael for their captaine , fortified the city against him ; and when abimelech came with an army to take in the towne , they in their defence , went forth and fought with him ; resisted his seige ; and they of the tower of shechem standing upon their guard refused to surrender it after the towne was surprised , and so were burnt . after which comming too neare the wals , at the tower of thebez assaulted by abimelech he had his braines and head so bruised with the peece of a milstone cast downe upon him by a woman , that he called hastily to his armour-bearer , and said unto him , draw thy sword and slay me , that men say not of me ; a woman slew him : whereupon he thrust him through , that he dyed : and so every man departed to his place . thus god rendred the wickednesse of abimelech , and all the evill of the men of shechem upon their own heads , iudges . so the text. eighthly , by the example of iepthah , who after that god had sold the isra●lites for their idolatry into the hands of the children of ammon . yeeres space , iepthah being made head and captaine by the elders and people of gilead , first argued the case with the king of ammon touching the unjustnesse of his warre upon them , desiring god to be iudge betweene them ; and then by gods assistance , smote and subdued the ammonites and their cities , iudg. c. . and so cast off their yoake . ninthly , by the practise of sampson , who after god had delivered the israelites into the hands of the philistimes who ruled over them forty yeares space , did by gods extraordinary assistance oft encounter , slay and resist the philistimes , rescuing the oppressed israelites from their vass●lage ; and at his death slew more of them then in his life , iudg. c. . to . which deliverance was afterwards perfected by samuel , sam . and approved , nay , wrought by god. tenthly , by the example of david , who being persecuted by ●edifragous dissembling king saul his father-in-law ( a notable patterne of the inconstancie and invaliditie of kings solemnest oathes and protestations : ) who contrary to many solemne vowes and feighned reconciliations , sought unjustly to deprive him of his life ; thereupon david retired from the court , entertained a guard of foure hundred men , and became a captaine over them . sam. . . after which abiather escaping to him from nob when the priests there were slaine by doeg , upon saules command , for davids sake , david used these words to him . abide thou with me , feare not , for ●e that seeketh thy life seeketh my life , but with me thou shalt be in safeguard , sam. . . soone after the philistimes beseiging keilah , david by gods encouragement , smote them and saved keilah ; intending there to secure himselfe and his men : which saul hearing of , said ; god hath delivered him into my hands , for he is shut in by ●ntring into a towne which hath gates and barres , whereupon he called all the people together to beseige david and his men : ( which he needed not doe , did he or any else beleeve , that they would not , ought not to have made any forcible resistance : ) david informed hereof ; enquired seriously of god , whether saul would certainely come downe ? and demanded twice of him● will the men of keila● deliver me and my men up in●o his hand ? and the lord said , they will deliver thee up . had not david and his men resolved to fortifie and defend themselves there , if the men of ke●lah would have beene faithfull to them , and beleeved they might have resisted saul with his forces , certainely he would never have presumed to aske such a question twice together of god himselfe , to receive his resolution therein , neither would god have vouchsafed an answere thereto : but his double inquirie , and gods resolution , infallibly demonstrate his intention to resist , and the lawfulnes of his defensive resistance , would the keilites have adhered to him . this the very next words fully cleare , sam. . . then david and his men , about six hundred a rose , and departed out of keilah , an● went wheresoever they could goe , and it was told saul , that david was escaped from k●ilah : gods prediction of the keilites treachery was the onely cause of their departure thence , where they had resolved to defend themselves , of which hope being disappointed beyond expectation , they went whithersoever they could goe . after which david and his men being but few in number , not able in humane probability , without tempting god , to encounter sauls great forces , retired themselves into woods , mountaines , rockes , strong holds , wildernesses ; where saul pursuing them , they still declined him : but had he and his army ever assaulted them , no doubt they would and might lawfully have defended themselves , else why did they joyne themselves in a body ? why retire to strong holds , and places of advantage ? why * twice urge david to kill saul in cold blood , when he did not actually assault him , but came casually unawares within his danger ? why did david himselfe say , even when he spared his life when he was a sleepe , sam. . . as the lord liveth , the lord shall smite him , or his day shall come to dye , or he shall descend into battell and perish ? but that if he had given him battle , he might have defended himselfe against him , though saul should casually or wilfully perish in the fight ? and why was david so importunate to goe up against him with king achish to the battle wherein he perished , sam. . were resistance of him , in case he assaulted him , and his forces , utterly unlawfull ? this precedent of david then , if rightly weighed , is very punctuall , to prove the justnesse of a defensive warre , ( of which mor● anon ) and no evidence at all against it . eleventhly , by the practise of the . tribes : who after their revolt from rehoboam for giving them an harsh indiscreet answere to their just demands , setting up another king and kingdome , even by divine approbation ; rehoboam thereupon raising a great army to fight against and reduce them to his obdience ; god himselfe by semaiah the prophet , sent this expresse inhibition to rehoboam and his army : thus saith the lord , ye shall not go up , nor fight against your brethren returne every man to his house , for this is done of me : whereupon the obeyed the word of the lord and returned : kings . chron. c. . and . after which long warre continued betweene these kingdomes by reason of this revolt , wherein the ten tribes and kings of israel still defended themselves with open force , and that justly , as the scripture intimates chron. . . . though that ieroboam and the israelites falling to idola●y , were afterwards ( for their idolatry , not revolt ) defeated by abiah and the men of iudah , who relied upon god , chron. . twelfthly , by the example of the king of moab and his people , who rebelling against iehoram king of israel , and refusing to pay the annuall tribute of lambes and rammes , formerly rendred to him ; hereupon iehoram , iehoshaphat , and the king of edom , raising a great army to invade them , the moa●ites hearing of it , gathered all that were able to put on armour , and upward , and stood in the border to resist them . king. . . to . and by the practise of the ed●mites , who revolting from under the hand of iudah , made a king over themselves : whereupon ioram king of iud●h going up with his forces against them to zair , they encompassed him , in their owne defence ; and though they fled into their tents , yet they revolted from iudah till this day , and libnah too , kings . . . thirteenthly , by the example of samaria , which held out . yeeres siege against shalmanezer king of assyria , notwithstanding their king hoshea had by force submitted himselfe and his kingdome to him , and became his servant . kings . . to . c. . . . fourteenthly , by the practise of godly hezechiah , who after the lord was with him and prospered him whithersoever he went , rebelled against the king of assyria , and served him not ( as some of his predecessors had done ) kings . . whereupon the king of assyria , and his captaines comming up against him with great forces , and invading his country , he not only fortified his cities , and encouraged his people manfully to withstand them to the uttermost , but actually resisted the assyrians even by divine direction and encouragement ; and upon his prayer , god himself by his angel for his and jerusalems preservation , miraculously sl●w in the campe of the king of assyria in one night , an hundred fourescore and five thousand mighty men of valour , captaines and leaders ; so as he returned with shame of face to his owne land , king. c. . and . chron. c. . isay c. . and . an example doubtlesse lawfull beyond exception , ratified by god himselfe and his angel too . fifteenthly , by the examples of king iehoiakim , and iehoiakin , who successively rebelling against the king of babylon who subdued and put them to a tribute , did likewise successively defend themselves against his invasions , seiges though with ill successe , by reason of their grosse idolatries and other sins , ( not of this their revolt and defence to regaine their freedomes , condemned only in ze●echia , for breach of his * oath ; ) wherby they provoked god to give them up to the will of their enemies , and to remove them out of his sight , king. c. . & chr. . ier. c. . & & . finally , by the history of the maccabees and wholestate of the iews defensive wars under them , which though but apochryphall in regard of the compiler , yet no doubt they had a divine spirit concurring with them in respect of the managing and actors in them . i shall give you the summe thereof , very succinctly . antiochus epiphanes conquering ierusalem , spoyled it and the temple , set up heathenish customes and idolatry in it , subverted gods worship , destroyed the bookes of gods law , forced the people to forsake god , to sacrifice to idols , slew and persecuted all that opposed , and exercised all manner of tyranny against them . hereupon mattathias a priest and his sonnes , moved with a godly zeale , refusing to obey the kings command in falling away from the religion of his fathers , slew a iew that sacrificed to an idoll in his presence , together with the kings commissary , who compelled men to sacrifice , and pulled downe their idolatrous altar ; which done they fled into the mountaines , whither all the will-affected iewes repaired to them . whereupon the kings forces hearing the premises pursued them , and warred against them on the sabbath day ; whereupon they out of an over-nice superstition o least they should prophane the sabbath by fighting on it when assaulted , answered them not , neither cast a stone at them , nor stopped the places where they were hid , but said , let us dye all in our innocencie ; heaven and earth shall testifie for us , that you put us to death wrongfully , whereupon they slew both them , their wives , and children , without resistance , to the number of a thousand persons . which mattathias and the rest of their friends hearing of , mourned for them right sore , and said one to another ( marke their speech ) if we all doe as our brethren have done , and fight not for our lives , and lawes against the heathen , they will now quickly roote us out of the earth ; therefore they decreed , saying ; whosoever shall come to make battle with us on the sabbath day , we will fight against him , neither will we doe all as our brethren , that were murthered in their secret places . whereupon they presently gathered and united their forces , assaulted their enemies , recovered their cities , lawes , liberties ; defended themselves manfully , and fought many battles with good successe against the severall kings who invaded and layd claime to their country , as you may reade at large in the bookes of maccabees . all these examples , ( most of them mannaged by the most pious , religious persons of those dayes , prescribed and assisted by god himselfe , whose spirit specially encouraged , strengthned the hands and spirits of the undertakers of them ( as p o fiander well observes , ) and therefore cannot be condemned as unjust , without blasphemy and impiety : ) in my opinion are a most cleare demonstration of the lawfulnesse of a defensive warre ( in point of divinity and conscience ) against kings and their armies who wrongfully invade or assault their subjects , though themselves be personally present in their armies , to countenance their unlawfull warres ; and likewise evidence , that a royall title gotten forcibly by conquest onely , though continued sundry yeares , is not so valid in point of conscience , but that it may be safely questioned , yea rejected ; there being no true lawfull title of soveraignety over any people , but that which originally depends upon their owne free election , and unconstrained subjection simply considered , or which is subsequently seconded therewith after a possession got by force or conquest . now that the kings personall presence cannot justifie the unjust actions , or protect the persons of those that assist him in any unlawfull action contrary to the lawes of god , or the realme , is a truth so evident , that it needes no proofe , it being no part of the kings royall prerogative or office , but diametrally repugnant to it , either to doe injury himselfe , or to authorize , or protect others in committing it , as i have elsewhere proved at large . therefore it can administer no patronage nor defence at all to those who accompany his person in the unjust invasions of his subjects , nor dis-able them to defend or repulse their unjust assaults and rapines . for suppose a king should so farre degenerate and dishonour himselfe , as personally to accompany a packe of theeves who should rob his subjects on the high way , break up their houses in the night , or practise piracie on the sea , or commit rapes or murthers on his people every where ; i thinke no man so voyd of reason , law , conscience , but would readily grant , that the subjects in all these cases might lawfully defend themselves by force against these robbers , theeves , murtherers , notwithstanding the kings presence or association with them , whose personall prerogatives , and immunity from assaults or violence being incommunicable , underivable to any other , and peculiar to himself alone , he can transferre no such protection to others who accompany him in their injurious practises ; and that these acts of theirs are direct fellonie and murther , for which they might be justly apprehended , condemned , executed , though thus countenanced by the kings owne presence . and if this be truth ( as our law-bookes resolve , and the scripture to in places forecited ) the kings presence can no more deprive the subjects of their necessary just defence against his popish forces assaults , nor justifie their proceedings , or the present unjust offensive warre , then in the former cases , there being the selfe-same reason in both ; warres being in truth , but greater and more detestable murders , and robberies , when they are unjust , as q cyprian , r augustine , with s others rightly define . thirdly , personall un●ust assaults and violence even of kings themselves may in some cases lawfully be resisted by subjects ; this doctor ferne himselfe acknowledgeth , sect. . p. . personall defence is lawfull against the sudden ( much more then against the premeditated ) and illegall assaults of such messengers of the king ; yea , of the prince himselfe thvs farre , to ward his blowes , to hold his hands and the like : not to endanger his person , not to returne blowes ; no : for though it be naturall to defend ● mans selfe , yet the whole common-wealth is concerned in his person : the king therefore himselfe , ( much more in his cavalliers ) may thus farre at least safely be resisted in point of conscience . and that he may be so indeed is manifest by two pregnant scripture examples , the first is that of king saul , sam . . to . where ionathan and his armour-bearer , routing the philistimes whole army , violated his father sauls command , of which he was wholy ignorant in taking a little honey one the end of his sticke in the pursuite ; hereupon king saul , most rashly and unjustly vowed twice one after another , to put him to death : whereupon the people much discontented with this injustice , were so farre from submitting to the kings pleasure in it , that they presently said to the king : shall ionathan dye , who hath wrought so great salvation in israel ? god forbid : as the lord liveth there shall not one haire of his head fall to the ground , so the people rescved ionathan that he dyed not ; though he were not onely king sauls subject , but sonne too . indeede it appeares not in the text , that saul offered any violence to ionathans person , or the people to sauls : and it may be the peoples peremptory vow and unanimous resolution to defend ionathan , from this unjust sentence of death against him , made saul desist from his vowed bloody intendment : but the word rescued , with other circumstances in the story , seeme to intimate , that ionathan was in hold to be put to death , and that the people forcibly rescued him , out of the executioners hands . however , certainely their vow and speeches declare , that if saul himselfe or any other by his command had assaulted ionathan to take away his life , they * would have forcibly resi●ted them and preserved his life , though with losse of their owne , beleeving they might lawfully doe it , else they would not have made this resolute vow ; nor could they have performed it , had saul wilfully proceeded , but by a forcible rescue and resistance of his personall violence . the other is that of king vzziah , chron. . ● . to . who presumptuously going into the temple against gods law , to burne incense on the altar , azariah the high priest , and with him fourescore priests of the lord , that were valiant men went in after him , and withs●ood ( or resisted ) vzziah the king ; and said unto him ; it appertaineth not unto thee vzziah to burne incense unto the lord , but to the priests the sonnes of aaron , that are consecrat●d to burne incense : goe out of the sanctuary for thou hast trespassed , neither shall it be for thine honour from the lord god. then vzziah was wroth , and had a censor in his hand to burne incense , and whiles he was wroth with the priests , the leprosie rose up in his forehead : and azariah , and all the priests looked upon him , and behold he was leprous in his forehead : and they thrvst him ovt from thence ; yea himselfe hasted also to goe out , because the lord had smitten him . if then these priests thus actually resisted king vzziah in this sinfull act , thrusting him perforce out of the temple , when he would but offer incense ; much more might they , would they have done it , had he violently assaulted their persons . if any king shall unjustly assault the persons of any private subjects , men or women , to violate their lives or chastities ( over which they have no power ) i make no doubt , that they may and ought to bee resisted , repulsed , even in point of conscience , but not slaine ; though many kings have lost their lives , upon such occasions : as s rodoaldus the . king of lumbardy anno . being taken in the very act of adultery by the adulteresses husband , was slaine by him without delay ; and how kings attempting to murther private subjects unjustly , have themselves beene sometimes wounded , and casually slaine , is so rise in stories , that i shall forbeare examples : concluding this with the words of t iosephus , who expressely writes . that the king of the israelites ( by gods expresse law , deut. . ) was to doe nothing without the consent of the high priest and senate , nor to multiply money and horses over much , which might easily make him a contemner of the lawes ; and if he addicted himselfe to these things more than was fitting , he was to be resisted , least he became more powerfull then was expedient for their affaires . to these authorities , i shall onely subjoyne these . undeniable arguments to justifie subjects necessary defensive wars , to be lawful in point of conscience against the persons and forces of their injuriously invading soveraignes . first , it is granted by all as a truth irrefragable , that kings by force of armes may justly with safe conscience , resist , repulse , suppresse the unlawfull warlike invasive assaults , the rebellious armed insurrections of their subjects , upon these two grounds , because they are u unlawfull by the edicts of god and man ; and because kings in such cases , have no other meanes left to preserve their royall persons , and just authoritie against offensive armed rebellions , but offensive armes : therefore subjects by the selfe-same grounds , may justly with safe consciences resist , repulse , suppresse the unjust assayling military forces of their kings in the case fore-stated , though the king himselfe be personally present and assistant , because x such a war is unlawfull by the resolution of god and men , and against the oath , the duty of kings : and because the subjects in such cases have no other meanes left to preserve their persons , lives , liberties , estates , religion , established government from certaine ruin , but defensive armes , there is the selfe same reason in both cases , being relatives , therefore the selfesame law and conscience in both . secondly , it must be admitted without debate ; that this office of highest and greatest trust , hath a condition in law annexed to it ( by littletons owne resolution ) to wit , that the king shall well and truely preserve the realme , implied and do that which to such office belongeth ; which condition our king by an expresse oath to all his people solemnely taken at their coronation , with other articles expressed in their oath ( formerly recited ) is really bound both in law and conscience exactly to per●orme , being admitted and elected king by the peoples suffrages upon solemne promise , a to observe the same condition to the uttermost of his power , b as c i have e elsewhere cleared . now it is a cleare case resolved by f marius salamonius , confirmed at large by rebussus by . unanswerable reasons , the authorities of sundry civill lawyers , and canonists quoted by him ; agreed by d alberi●us gentilis , and hugo grotius , who both largely dispute it ; that kings as well as subjects are really bound to performe their covenants , contracts , conditions , especially those they make to all their subjects , and ratifie with an oath ; since god himselfe who is most absolute , is yet most f fi●mely oblieged by his o●thes and covenants made to his despicable vile ●reatures , sin●ull men ; and never violates them in the lea●● degree . if then these conditions and oathes be firme and obligatory to our kings ; if they will obstinately breake them , by violating their subjects lawes , liberties , properties , and making actuall warre upon them ; the condition and oath too would be meerely voyde , ridiculous , absur'd , an high t●king of the name of god in vaine , yea a plaine delusion of the people , if the whole ▪ state or people in their owne defence might not justly take up armes , to resist their kings and their malignant forces in these per●idious violations of trust , conditions , oaths ; and force them to make good their oaths and covenants , when no other meanes will induce them to it . even as the subjects oath of homage and allegiance g would be meerely frivilous , if kings had no meanes nor coercive power to cause them to observe these oathes , when they are apparently broken : and many whole kingdomes had been much overseene in point of policie , or prudence , in prescribing such conditions and oaths unto their kings , had they reserved no lawfull power at all which they might lawfully exercise in point of conscience , to see them really performed and duely redressed , when notoriously transgressed , through wilfulnesse , negligence , or ill pernicious advice . thirdly , when any common or publick trust is committed to three or more , though of subordinate and different quality , if the trust be either violated or betrayed , the inferiour trustees , may and ought in point of conscience to resist the other . for instance ; if the custody of a city or ca●tle be committed to a captaine , leiutenant , and common souldiers : or of a ship to the master , captaine , and ordinary mariners : if the captaine or master will betray the city , castle , or ship to the enemie or pirates ; or dismantle the city wals and fortifications to expose it unto danger , or will wilfully run the ship against a rocke to split , wrecke it , and indanger all their lives , freedomes , contrary to the trust reposed in them ; or fire or blow up the city , fort , ship : not onely the leiutenant masters mate , and other inferiour officers , though subject to their commands , but even the common souldiers and marriners may withstand and forcibly resist them , and are bound in conscience so to doe , because else they should betray their trust , and destroy the city , fort , ship , and themselves too , which they are bound by duty and compact to preserve . this case of law and conscience is so cleare , so common in daily experience that no man doubts it : the care and safety of our realme by the originall politicke constitution of it , alwayes hath beene and now is , committed joyntly to the king , the lords , and commons in parliament , by the unanimous consent of the whole kingdome . the king the supreame member of it , contrary to the trust and duty reposed in him , through the advise of evill councellors wilfully betrayes the trust and safety of this great city and ship of the republicke ; invades the inferiour commanders , souldiours , citizens , with an army : assaults , wounds , flayes , spoyles , plunders , sackes , imprisons his fellow trustees , souldiers , marriners , citizens , undermines the walls , fires the city , ship , delivers it up to theeves , pyrates , murtherers , as a common prey , and wilfully runnes this ship upon a rocke of ruin . if the lords and commons joyntly intrusted with him , should not in this case by force of armes resist him , and his unnaturall instruments , ( there being no other meanes else of safety left them ) they should sinfully and wilfully betray their trust , and be so farre from keeping a good christian conscience in not resisting by force , that they should highly sinne against conscience , against their trust and duty , against their naturall country , yea and their very allegiance to the king himselfe , by encouraging him in , and consenting unto these proceedings , which would make him not to be a king , but tyrant , and destroy him as a king , in the spoyle and ruine of his kingdome , thereby endangered to be consumed ) and tempt god himself : as pope nicholas , and * gratian resolve in these words . if there be no necessity we ought at all times to abstaine from warres , but if inevitable necessity urge us , we ought not to abstaine from warres , and warlike preparations for the defence of our selves , of our country , and paternall lawes , no not in lent , least man should seeme to tempt god , if when he hath meanes , he provide not for his owne and others safety , and prevents not the detriments of holy religion . fourthly , those injuries which allies and other neighbour states or princes may with good conscience repulse with armes from subjects wrongfully oppressed , invaded tyrannically by their soveraignes , or their wicked instruments , at , or without the subjects intreaty , when they are unable to relieve themselves : no doubt the subjects themselves , if able , may with better reason , and as good conscience resist and repell ; because every man is u nearer , and more oblieged to defend and preserve himselfe and those of his owne nation , religion , blood , then strangers are , and may with lesse publick danger , inconvenience , and more speede effect it , then forraigners : but allies and forraigne neighbour states and princes , as x gratian ( out of the . councell of carthage ; augustine , ambrose , hier●m , anastatius , calistus and other ) y albericus gentilis , z iohn bodin , hug● grotius , and generally all canonists , casuists , schoolemen accord , may in many cases with good conscience , by force of arms repulse from subjects wrongfully oppressed , invaded , and tyrannically abused , the injuries offered them by their soveraignes ; and that either at , and in some cases without the subjects intreaty : which they prove by moses his slaying the aegyptian that oppressed the hebrew , exod. . . to . by ioshua his ayding of the gibeonites against the five kings that made war against them , iosh. . by the example of iehoshaphat , kin. , kings . of the chiefe captaines securing paul with a gard of souldiers against the iews who had vowed his death , acts . by abrahams rescuing lot , gen. . by sundry ancient and late examples in story . therfore subjects themselvs no doubt if able , may with good reason and conscience , lawfully resist , and repell their princes invading forces , though accompanied , assisted with his personall presence . fifthly , it is yeelded by all divines , lawyers , canonists , schoolemen ; b as c gratian , d ban●es , e s●to , f lessius , g vasquius , h covaruvi●s , i aquinas , k sylvester , l bartolus , m baldus , n navarre , o albericus gentilis , p grotius and others , that private men by the law of god , and nature , may in defence of their lives , chastities , principall members , and estates , lawfully resist all those who forcibly assault them , to deprive them thereof ; yea and slay them to , unlesse they be publicke persons of eminencie , by whose slaughter the commonweale should sustaine much prejudice , whose lives in such cases must not be willingly hazzarded , though their violence be resisted : which is cleerely prooved by iudges . . . to . sa● . . to . deut. . . . since therefore all these are apparently indangered by an invasive warre and army , more then by any private assaults ; and no ayde , no assistance or protection against the losse of life , chastitie , estate , and other violences , injuries which accompany wars can be expected from the lawes , or prince himself ( the fountaine of this injustice , ) or legall punishments inflicted on the malefactors , whose armed power being above the reach of common justice , and injuries countenanced , abetted , authorised by the soveraigne who should avenge and punish them , every subject in particular , and the whole state in parliament assembled in generall , may and ought in point of conscience joyntly and severally to defend themselves , their neighbours , brethren , but especially their native countrey , kingdome , whose generall safety is to be preferred before the lives of any particular persons , how great or considerable soever , which may be casually hazarded by their owne wilfulnesse , though not purposely endangered or cut off in the defensive incounter , by those who make resistance . and if ( according to q cajetan and other schoolemen , ) innocents which onely casually hinder ones ●light from a mortall enemie may be lawfully with good conscience slaine by the party pursued , in case where he cannot else possibly escape the losse of his owne life , because every mans ownelife is dearer to him then anothers , which he here takes away onely to preserve his ownelife , without any malicious murtherous intent , though others doubt of this case : or if innocent persons set perforce in the front of unjust assailants ( as by the cavalleir●s at brainford and elsewhere , ) to prevent defence , and wrong others with more securitie and lesse resistance , may casually be slain , ( though not intentionally ) by the defensive party ( as i thinke they may ) for prevention of greater danger and the publicke safety ; r then certainely those of publicke place and note ; who wilfully and unnaturally set themselves to ruine their country , liberty , religion , innocent brethren ( who onely act the defensive part , ) and voluntarily intrude themselves into danger , may questionlesse with safe conscience be resisted , repulsed : in which if they casually chance to lose their lives without any malice or ill intention in the defe●dants , it being onely through their owne default , such a casuall accident when it happens , or the remote possibility of it in the combate before it begins , cannot make the resistance either unjust or unlawfull in point of conscience ; for then such a possibility of danger to a publike person should make all resistance unlawfull , deprive the republicke wholly of this onely remedy against tyrannicall violence , and expose the whole common-weale to ruine , whose weale and safety , is to be preferred before the life or safety of any one member of it whatsoever . having thus at large evinced the lawfulnesse of subjects necessary forcible resistance , & defensive wars against the unjust offensive forces of their soveraignes ; i shall in the next place answere the principall arguments made against it , some whereof ( for ought i finde ) are yet unanswered . these objections are of foure sorts , out of the old testament , the new ; from reason , from the example of the primitive christians , backed with the words of some fathers ; i shall propound and answere them in order . the first out of the old testament , is that of numb . . u korah , dathan , and abiram for their insurrection against that very divine authority which god himselfe had delegated to moses and aaron , without any injury or injustice at all once offered to them or any assault upon them . ergo ( marke the non-sence of this argumentation ) no subjects may lawfully take up meere necessary defensive armes in any case to resist the bloody tyrannie , oppression , and outrages of wicked princes , or their cavalleires , when they make warre upon them to destroy or enslave them . an argument much like this in substance . no man ought to rise up against an honest officer or captaine in the due execution of his office , when he offers him no injury at all . therefore he ought not in conscience to resist him when he turnes a theefe or murtherer , and felloniously assaults him , to rob him of his purse , or cut his throate . or , private men must not causelesly mutinie against a lawfull magistrate for doing justice and performing his duty : ergo the whole kingdome in parliament may not in conscience resist the kings captaines and cavalleeres , when they most unnaturally and impiously assault them to take away their lives , liberties , priviledges , estates , religion , oppose and resist justice , and bring the whole kingdome to utter desolation . the very recitall of this argument is an ample satisfactory refutation of it , with this addition . these seditious levites rebelled against moses and aaron , onely because god himselfe had restrained them from medling with the priests office which they would contemptuously usurpe , and therefore were most severely punished by god himself , against whose expresse ordinance they rebelled : ergo , the parliament and kingdome may in no case whatsoever , though the king be bent to subvert gods ordinances , religion , lawes , liberties , make the least resistance against the king or his invading forces , under paine of rebellion , high treason , and eternall condemnation , this is doctor fernes and some others , bedlam logicke , & divinity . the next is this , thou shalt not revile the gods , nor curse the ruler of thy people , ex. . . eccl. . . curse not the king no not in thy thought , and curse not the rich in thy bed-chamber ; ( which is well explained by prov. . . it is not good to strike princes for equitie . ) ergo it is unlawfull for the subjects to defend themselves against the kings popish depopulating cavaleers . i answer , the first text pertaines properly to judges and other sorts of rulers , not to kings , not then in being among the israelites : the second , to rich men as well as kings . they may as well argue then from these texts : that no iudges nor under-rulers , nor rich men whatsoever , though never so unjust or wicked , may or ought in conscience to be resisted in their unjust assaults , riots , robberies , no though they be bent to subvert religion , lawes , liberties : as that the king and his souldiers joyntly or severally considered , may not be resisted : yea , these acute disputants may argue further by this new kinde of logicke : christians are expresly prohibited to curse or revile any man whatsoever , under paine of damnation , rom. . . mat. ● . levit. . . numb . . . . sam. . . levit. . . c. . p . . . levit. . : ▪ prov. . . cor. . . cor. . . pet. . . iude . ergo , we ought to resist no man whatsoever , ( no not a theefe that would rob us , cut-throate cavaleers that would murther us , lechers that would ravish us ) under paine of damnation . what pious profitable doctrine , thinke you , is this : all cursings and railings are simply unlawfull in themselves : all resistance is not so , especially that necessary we now discourse of , against unlawfull violence to ruine church and state. to argue therefore , all resistance is simply unlawfull , because cursing and reviling ( of a different nature ) are so , is ill logicke , and worse divinity . if the objectors will limit their resi●tance , ( to make the argument sensible , ) and propose it thus : all cursing and r●viling of kings and rulers for executing justice impartially ( for so is the chiefe intendment of the place objected , delinquents being apt to clamour against those who justly censure them ) is unlawfull ; ergo the forcible resisting of them in the execution of justice and their lawfull authority is unlawfull : the sequell i shall grant , but the argument will be wholy impertinent , which i leave to the objectors to refine . the third argument is this : that which peculiarly belongs to god , no man without his speciall authority ought to meddle with : p but taking up armes peculiarly belongeth to be lord. deut. . . where the lord saith , vengeance is mine : especially the sword , which of all temporall vengeance is the greatest . the objector puts no ergo , or conclusion to it , because it concludes nothing at all to purpose , but onely this . e●go , the king and cavalleeres must lay downe their armes and swords , because god never gave them any speciall commission to take them up . or , ergo , no man but god must weare a sword , at least of revenge ; and whether the kings and cavalleers offensive , or the parliaments meere defensive sword , be the sword of vengeance and malice , let the world determine , to the objectors shame . the fourth is , from q eccles. . . . . i councell thee to keepe the kings commandment and that in regard of the oath of god : be not hasty to goe out of his sight , stand not in an evill thing ; for he doth whatsoever pleaseth him : where the word of a king is there is power ; and who may say unto him , what dost thou ? this text administers the opposites a double argument , the first is this ; all the kings commands are to be kept of all his subjects , by vertue of the oathes of supremacy , alleigance , and the late protestation including them both : ergo , by vertue of these oathes we must not resist his cavalleeres , but yeeld our thoates to their swords , our purses and estates to their rapines , our chastities to their lecheries , our liberties to their tyrannies , our lawes to their lusts , our religion to their popish superstition and blasphemies , without any opposition , because the king hath oft commanded us not to resist them . but seeing the oath and law of god , and those oathes of ours , obleige us onely , to obey the kings just legall commands and no other , not the commands and lusts of evill councellors and souldiers , this first argument must be better pointed ere it will wound our cause . the second , this : the king may lawfully do whatsoever pleaseth him ergo , neither are he , or his forces to be resisted ▪ to which i answer , that this verse relates onely unto god , the next antecedent ; who onely doth and may doe what he pleaseth , and that both in heaven and earth , psal. . . psal. . esay . . not to kings who neither may nor can doe what they please in either , being bound both by the laws of god , man , and their coronation oathes ( perchance the oath of god here meant , rather then that of supremacie or alleigance ) to doe r onely what is lawfull and just , not what themselves shall please . but admit it meant of kings , not god : first the text saith not , that a king may lawfully doe what he pleaseth : but he doth whatsoever pleaseth him : solom●n himselfe s committed idolatry , built temples for idolatrous worship , served his idolatrous wives gods , married with many idolatrous wives , greivously oppressed his people , &c. for which god threatned to rent the kingdome from himself , as he did the ten tribes from his son , for those sinnes of his : t david committed adultery , and wilfully numbred the people ; and what king ieroboam , manasseh , ahab , other wicked kings have done , out of the pleasure and freedome of their lawlesse wills , to the infinite dishonour of god , the ruine of themselves , their posterities , kingdomes , is sufficiently apparent in u scripture : was all therefore just , lawfull , unblameable , because they did herein whatsoever they pleased , not what was pleasing to god ? if not , as all must grant : then your foundation failes ; that kings may lawfully doe whatsoever they will ; and solomons words must be taken all together not by fragments ; and these latter words coupled with the next preceeding ; stand not in an evill matter : and then pauls words will well interpret his , rom. . . but if thou doe that which is evill be afraid , for he beareth not the sword in vaine , for he is the minister of god , a revenger to execute wrath upon them that doe evill . so that the genuine sence of the place is , and must be this . stand not in an evill matter , for the king hath an absolute power to doe whatsoever he pleaseth , in way of justice to punish thee , if thou continue obstinate in thy evill courses ; to pardon thee , if thou confesse , submit , and crave pardon for them . ergo , the king and his cavalleeres have an absolute power to murther , plunder , destroy his subjects , subvert religion , and he and his forces must not herein be resisted , is an ill consequent from such good premises . the third is this : where the word of a king is , there is power , * and who may say unto him what dost thou ? ( that is , expostulate with , censure him for doing justly , as iob . . . . expound it , ) ergo the king or his forces may not be resisted in any case : they might rather conclude . therefore neither kingdome nor parliament , nor any subject or person whatsoever ought to demand of the king , to what end , or why he hath raised forces and armed papists against the parliament , and protestant religion ? these court-doctors might as truely conclude from hence ; if the king should command us to say masse in his chappell , or our parishes , to adorne images , to turne professed masse-priests , &c. to vent any erronious popish doctrines ; to pervert the scriptures to support tyrannie and lawlesse cruelty : we must and will ( as some of us doe ) cheerefully obey ; for where the word of a king is , there is power , and we may not say unto him , what dost thou ? if a king should violently ravish matrons , defloure virgins ; unnaturally abuse youth , cut all his subjects throates , fire their houses , sacke their cities , subvert their liberties ; and ( as x bellarmine puts the case of the popes absolute irresistible authority ) send millions of soules to hell ; yet no man under paine of damnation , may or ought to demande of him , domine cur ita facis ? sir , what doe you ? but was this the holy ghosts meaning thinke you , in this place ? if so , then y nathan was much to blame for reprehending king davids adultery , z azariah and the . priests who withstood king vzziah when he would have offered incens● , on the incense altar , and thrust him out of the temple , telling him , it pertaineth not to thee vzziah , to burne incense to the lord , &c. were no lesse then traytors . iohn baptist was much over-seene to tell king herod , it is not lawfull for thee to have thy brothers wife . the prophet who sharpely reprehended amaziah for his idolatry and new altar , chron . . . was justly checked by the king , el●iah was to be rebuked , for telling ahab so plainely of his faults , a and sending such a harsh message to king abaziah ; elisha much to be shent for using such harsh language to king iehoram , kings . . . yea samuel and hanani deserved the strappado for telling king saul , and asa , that they had done foolishly , ● sam. . chron. . . b the meaning therefore of this text , so much mistaken , ( unlesse we will censure all these prophets , and have kings not onely irresistible but irreprehensible for their wickednesse ) is onely this : no man may presume to question the kings just actions , warranted by his lawfull royall power : ( this text being parallel with rom. . . . . ) what then ? ergo , none must question or resist his , or his cavalleers unjust violence and proceedings , ( not the parliament the supremest iudicature and soveraigne power in the kingdome ) is a ridiculous consequence : yet this is all this text doth contribute to their present dying bad cause . the . is that usually objected text of c psal. . , . touch not mine annointed . ergo the king and his cavaleers must not be so much as touched nor ●esisted , i wonder they did not as well argue , ergo none must henceforth kisse his majesties hand ( si●ce it cannot be done without touching him , ) neither must his barber trim him , nor his bedchamber● men attire him , for feare of high treason in touching him : and the cavaleers must not henceforth be arrested for their debts , apprehended for their robberies and murthers ; neither must the chyrurgi●n dresse their wounds , or pock-soars , or otherwise touch them , ( so dangerous is it to touch them , not out of fear of infection , but ) for fear of transgressing this sacred text , scarce meant of such unhallowed god-dammee● . such conclusions had been more literall and genuine then the first . but to answer this long since exploded triviall objection , not named by dr ferne , though revived by others since him . i say first , that this text concernes not kings at all , but the true anoynted saints of god their subjects , whom kings have been alwayes apt to oppresse and persecute , witnesse psal. . ● . &c. act . . . act. . , , with all sacred and ecclesiasticall histories , ancient or moderne . this is most apparent ; first , because these words were spoken by god to kings themselves , as the text is expresse , psal , . chron. . . . he suffered no man to do them wrong , but reproved even kings for their sak●s saying , ( even to king themselves , namely to king pharaoh , an king abimelech , gen. . . to . chap. . and . to . ) touch not mine anointed , and do my prophets no harm : therefore not meant of kings . secondly , because these words were spoken directly and immediately of abraham , isaac , iacob , their wives and families , as it is evident by verse . the whole series of the psalme , which is historicall ; the forecited te●ts of genesis to which the words relate , the punctuall confession of augustine , and all other expositors on this psalm ; now neither they , nor their wives , nor their children clearly , were actuall , much lesse anointed kings ; for first , they lived long before the government of kings was erected among the israelites , of whom d saul was the first . . they had no kingdom nor territories of their own when these words were uttered , but were strangers in the land , going from one nation and kingdom to another , sojourning obscurely like pilgrims and strangers upon earth , in egypt , and gerar , under king pharaoh , abimelech , and other princes , not as kings , but subjects and pri●ate men , as verse . . gen. . and . and chap. . . chap. . . deut. . . hebr. . . resolve . thirdly , they were but very few men in number , verse . genesis . . they were masters onely of their own small families , and that under forraign kings ▪ therfore doubtlesse no kings at all . fourthly , this was spoken of these patriarchs wives and families , as well as of themselves , ( and they certainly were no kings , unlesse you will have kingdoms consisting onely of kings , and no subjects at all ) verse . . gen. . . to . chap. . . to . chap. . . chap. . . chap. . . fifthly , the scripture no where calls them kings , much lesse the text , which terms them expresly prophets , touch not mine anointed , and do my prophets ( not properly so taken , but largely , that is , my servants , my chosen people , as verse . expounds it ) no harm : the later clause , do my prophets no harm , being an exact interpretation of the former , touch not mine anointed , that is , my prophets and servants , so far forth as to do e them harm ; for in a common sence , no doubt , they f might be touched without offence to god or them , by way of imbracement , assistance , and the like . sixtly , though there were kings in abrahams dayes or before , as is evident by gen. . , , &c. yet there were no anointed kings , nor were kings ever called gods anointed till sauls dayes , who was the first anointed king i read of , sam. . . and the first king ever stiled , the lords anointed , sam. . , . whereas priests were anointed long before , exodus . . chap. . , . therefore anointed in the text cannot be meant of kings , or of persons actually anointed , but onely of those saints of god , who were metaph●rically and spiritually anointed , having the gifts and graces of gods spirit , psal. , , . hab. . . . cor. . . iohn . . eze. . . isay . . this text then being not meant of kings which are actually , but of christians onely spiritualy anointed , in regard of which anointing ( as i have g elsewhere largely manifested ) they are in scripture , not onely stiled christians ( which in plain english is annoynted ) acts . . c. . . pet. . . but christ ( in the abstract ) cor. . . ephes. . , . the members , body , flesh and bones of christ. cor. . , . ephes. . . . c. . , , . col. . . yea , kings and priests unto god the father : exod. . . pet. . . revel . . . c. . . c. . . for whom god hath prepared a heavenly kingdom , ( wherein they shall reign with christ for ever ) with an everlasting crown of glory too , matth. . . c. . . luke . . c. . . c. . . . col. . . thess. . . corinth . . . tim. . . c. . . heb. . . pet. . . pet. . . iam. . . revel . . . the proper argument then that can be thence deduced by our opposites , is but this nonsequitur . kings themselves must not touch gods spiritually annointed saints and servants to do them harm ; ergo , if kings do violently and unjustly make warre upon them , not onely to harm , but plunder , murther , destroy them utterly , extirpate that religion they professe and are bound to maintain , they are obliged in point of conscience , under pain of damnation , not to resist ; whereas the conclusion should be directly contrary . therefore they may lawfully with good conscience resist them to the uttermost , in such cases : for since god hath thus directly enjoyned kings , not to touch , or do them harm ; if kings will wilfully violate this injunction , they may with safe conscience , by forc● of arms withstand , repulse , their unjust violence , and hinder kings or their instruments from doing them that iniury which god himself prohibits ; else they should be accessories to their kings iniustice , and authors of their own wrongs , according to these received maximes ; h quinon pohibet malum quod potest , jubet ; qui potest obviare & perturbare perversos & non facit , nihilest aliud quam favere eorum impietati : nec caret scrupulo societatis occultae , qui manifesto facinori desinit obviare . qui definit obviare cum potest , consentit : used by ambrose , hierome , augustine , isiodor , anastatius , and gratian , who recites , applies them to defensive wars . and if our opposites ( who pervert this text by translating it from subjects and saints , to kings ) may in their erronious sence safely argue thence , that if subiects take up arms against their princes , contrary to this text , their princes may by vertue of this precept , iustly resist them with force , and repulse their iniuries ; then by the true genuine sence thereof ( being meant of subiects , saints , not kings ) if kings will violently assault and make war upon saints , their subiects , to harm them , they may with as good reason and conscience defend themselves against their kings and ill instruments , as their kings protect themselves in this sort against them , and that by authoritie of this text , by our opposites own argumentation . thirdly , admit this scripture meant of kings , yet what str●ngth is there in it to priviledge them from iust necessary resistance ? if any , it must rest in the word annointed ; but this will afford kings no such corporall priviledges as many fancie , neither from lawfull resistance , nor deposition , nor sentence of death it self , which i shall undeniably evidence to refute a commonly received errour : for , first , it is apparent , that the anointed here meant , are such onely who are spiritually annointed , either with the externall profession and ceremonies of gods true religion , or with the internall graces of the spirit ; for neither abraham , isaac , iacob , nor their families ( nor any kings or priests in their dayes ) for ought we finde , were corporally annointed . besides , the annointing here intended , is that which is common to i priests and prophets ( as touch not mine annointed , and do my prophets no harm , infallibly proves ) rather then that which is peculiar to kings . whence i thus argue , that annoin●ing which is common to subiects as well as kings , and cannot secure any subiects , who in the genuinesence of the text , are gods annointed , from iust resistance , corporall violence , legall censures , or death , cannot in or of it self alone secure kings from any of these , no further then it secures subiects : for the annoiting being the same in both , must have the self-same operation and immunities in both . but this anointing in subiects can neither exempt their persons from necessary iust resistance , if they unlawfully assault or war upon their superiours , equalls , inferiours ; nor free them from arrests , imprisonments , arraignments , deprivations , or capitall censures , if they offend and demerit them , as we all know by k scripture and experience : therefore it can transfer no such corporall immunities or exemptions from all or any of these , to kings ; but onely , exempt them from unlawfull violence and injuries , in point of right , so far forth , as it doth other subjects . in a word , this annointing being common to all christians , can give no speciall prerogative to kings , but onely such as are common to all subiects , as they are christians . secondly , admit it be mean of an actuall externall anoynting , yet that of it self affords kings no greater priviledge then the inward unction , of which it is a type , neither can it priviledge them from just resistance , or just corporall censures of all sorts . first , it cannot priviledge them from the iust assaults , invasions , resistance , corporall punishments of other forraign kings , princes , states , subiects not subordinate to them , who upon any iust cause or quarrell may lawfully resist , assault , wound , apprehend , imprison , slay , depose , iudge , censure forraigne kings , even to death ; as is apparent by l s●hon king of the amorites , and og the k●ng of bashan , slain , the king of m ai hanged by ioshua , the n five kings of canaan that besieged gibeon , on whose ne-ks ioshua made his men of war to put their feet , then smote , slew , and hanged them upon five trees . who also assaulted , resisted , imprisoned , condemned , slew , executed divers other o kings of canaan , to the number of thirty one in all ; by king p adonibezek , q eglon , r agag , with other heathen kings , imprisoned , stabbed , hewen in pieces by the i●raelites . if any obiect , these kings were not actually annoynted , which they cannot prove , since s cyrus an heathen king , is stiled gods annoynted ; no doubt saul was an annoynted king , if not the first in the world , sam. . . yet he was justly resisted , wounded , pursued by the philistines , sam. . . * iosiah an annoynted good king , was slain by pharaoh necho king of egypt , whom he rashly encountred ; t king ahab was slain by an archer of the king of assyria , u king ioram and ahaziah were both slain by iehu , by gods command ; x iehoaaz was deposed by the king of egypt , y iehoiakim and iehoiakin both deposed , fettered and kept prisoners by the king of babylon ; who also y apprehended , deposed , judicially condemned king zedechiah , put out his eyes , and sent him prisoner to babylon bound with fetters of brasse . so z manasses was deposed , bound with fetters of brasse , and carryed captive by the captaines of the king of assyria . a amaziah king of iudah was taken prisoner by iehoash king of israel . infinite are the presidents in stories , where kings of one nation in just warrs , have been assaulted , invaded , imprisoned , deposed , slain , by princes and subjects of another nation ; and that justly , as all grant without exception ; neither their annointing , nor kingship being any exemption or priviledge to them at all in respect of forraigners , in cases of hostility , to whom they are no soveraigns , no more then to any of their subjects . whereas if this royall annointing did make their persons absolutly sacred and inviolable , no forraign princes or subjects could justly apprehend , imprison , smite , wound , slay , depose , or execute them . secondly , kings who are suborordinate b homagers and subjects to other kings or emperours , though annointed , may for treasons and rebellions against them , be lawfully resisted , assaulted , imprisoned , deposed , judged to death and executed , because as to them they are but subjects , notwithstanding their annointing , as appears by sundry presidents in our own and forraign histories ; and is generally confessed by the learned . thirdly , the roman , greek and german emperours , though annointed , the ancient kings of france , spain , arragon , britain , hungary , poland , denmarke , bohemia , india , sparta , and other places ( who were not absolute monarchs ) have in former ages been lawfully resisted imprisoned , deposed , and some of them judicially adjudged to death and executed by their owne senates , parliaments , di●ts , states , for their oppression , mal-administration , tyranny , and that justly , as c bodin , d grotius , with others affirm , notwithstanding any pretence that they were annointed soveraigns . fourthly , popes , bishops and priests anciently were , and at this present in the romish churches are actually annointed as well as kings ; and we know the e popish clergy and canonists have frequently alledged this text , touch not mine annointed and doe my prophets no harme , in councels , decretalls and solemn debates in parliament , to prove their exemption from the arrests , judgements , capitall censures and proceedings of kings and secular iudges for any crimes whatsoever , because ( forsooth ) they were gods annointed , intended in this text , not kings ; therefore kings and seculars must not touch , nor offer any the least violence to their persons , no not in a way of justice . by colour of this text they exceedingly deluded the world in this particular for hundreds of yeeres . but in the seventh yeer of hen. the . in f dr. standish his case debated before a committee of both houses of parliament , and all the iudges of england , this text being chiefly insisted on to prove the clergies exemption , jure divino , was wholly exploded in england , and since that in germany , france , other realms ; and notwithstanding its protection , many g popes , bishops , and clergy-men in all kingdomes , ages , for all their annointing , have for their misdemeanors not only been resisted , apprehended , imprisoned , but deprived , degraded , hanged , quartered burned , as well as other men ( yea h abiathar the high priest was deposed by salomon for his treason against him , notwithstanding his annointing ; ) their annointing giving them not the smallest immunity to doe ill , or not to suffer all kinds of corporall , capitall punishments for their misdemeanors . if this actuall annointing then , cannot lawfully exempt or secure priests and prelates persons , nor the pope himselfe from the premises , how then can it justly priviledge the persons of kings ? fif●hly , among the papists all infants , either in their baptisme , or confirmation are actually annointed with their consecrated i chrisme , and with k extream unction to boot at last cast , which they make l a sacrament , and so a thing of more divine soveraign nature then the very annointing of kings at their inauguration , which they repute no sacrament , as being no where commanded by god : but neither of these actuall unctions , exempt all or any of those annointed with it from resistance , or any corporall punishments , or just censures of any kind ; therefore the very annointing of kings cannot doe it . sixthly , the ceremony of annointing kings , as m cassanaeus with others write , is peculiar onely to the german emperor , the king of ierusalem , the king of france , the king of england , and the king of sicily ; but to no other kings else , who are neither annointed nor crowned , as he affirmes ; so that it cannot give any priviledge at all to any but onely to these . not other kings , who are not anointed now seeing only these . kings are actually anointed , yea lawfull kings and their persons sacred , even before they are annointed or crowned , and other kings persons ( as of spain , hungary , denmark , sweden , poland , &c. ) who are not annointed , are as sacred , as exempt from danger , as those who are enoyled ; and seeing the annointing of kings is at this day a meer arbitrary humane ceremony , not injoyned by divine authority , nor common to all kings , who are n kings before their coronations , it is most certain and infallible , that this enoyling in and of it selfe derives no personall prerogatives or immunities at all to kings , much lesse an absolute exemption from all actuall resistance in cases of unjust invasions on their subjects , or from the censures of their parliaments for publike distructive exorbitances , as most have hitherto blindly beleeved . neither will the frequent next objected speeches of david concerning saul , impeach the premises , sam. . . . c. . . . . & sam. . . . the lord forbid that i should do this thing unto my master the lords annointed , to stretch forth my hand against him , seeing he is the lords annointed . i will not put forth my hand against my lord , for he he is the lords annointed . and david said to abishai , destroy him not , for who can stretch forth his hand against the lords annointed , and be guiltlesse ? the lord forbid that i should stretch forth my hand against the lords annoynted . the lord delivered thee into my hand to day , but i would not stretch forth mine hand against the lords annointed . how wast thou not afraid to stretch forth thy hand against the lords annointed ? thy blood shall be upon thy head , for thy mouth hath testified that thou hast slain the lords annointed . which severall texts seem at first sight to insinuate , that sauls very externall annointing was that which did secure his person from assauls and violence ; and that it is unlawfull even by way of defence , forcibly with a●mes to resist a persecuting unjustly invading king , because he is annointed . but these texts , if duly pondered , will warrant neither of these conclusions . first then , i answer , that sauls bare annointing , considered as an externall ceremony to declare him a lawfull king , did not , could not adde any immunity to his person against davids , or any other subjects justviolent resistance , as the premised reasons manifest ; but it was onely his royall soveraign office conferred on him by god and the people , to which his externall annointing by samuel was but a preparation : that which made saul , with other his successours , a king , was not his bare annointing . for o saul himselfe was annointed by samuel , before he was made and chosen king , not when he was made king. so p david , q hazael , r iehu , with others , were annointed before they were actuall kings , and many of their successors by descent , were reall kings before they were annointed ; some of them being not annointed at all for ought we read : therefore their unction made them not kings , since neither simply necessary , nor essentiall to their being kings . nor did sauls annointing only , preceding his regality , make his person sacred , or any other kings persons ; for then it would follow , that if saul had not been actually annointed , or had continued king for some yeeres without this annointing , then david in such a case might lawfully have slain him , without check of conscience , and that the persons of kings not at all annointed ; and of hereditary kings before their coronations , till they are annointed , should not be sacred , nor exempt from violence ; which is both false and perillous to affirm ; but it was his soveraign royall authority over david ( then his son-in-law , servant , subject ) which restrained him from offering violence to his person . saul then being thus priviledged , not because he was annointed , but because he was an annointed king , and that not quatenus annointed , but quatenus king ; the true sense and genuine interpretation of these texts must be , that sauls person was sacred , exempt from his subjects violence , not because he was annointed , as if that only did priviledge him ; but because he was a lawfull king s appointed by the lord himselfe , the t lords annointed , being but a periphrasis , or forme of speech , wherein the ceremony of annointing , is used for the regality , or kingly power it selfe , declared not conferred by annointing , and in plain words without any figure , it is put for , the lords king , that is , a king appointed by the lord ; in which sence god calls christ v my king ; and david stiles himselfe ( x ) gods king. sauls royall authority without his annointing , not his annointing , predestinating him to his authority being the ground of this his immunity from davids violence . secondly , y saul was annointed some space before he was made king , and z david many yeere before hee came to the crowne : i would then demand of any man ; if saul or david after their unction , and before their election and inauguration to the crown had invaded or assaulted any of the people in an hostile manner , whether they might not have justly resisted , repulsed , yea slain them ●o in their own necessary defence ? if no● , then one subject may not repulse the unjust violence of another in an elective kingdome , if by possibility he may afterwards be chosen king , though for the present he be neither actually king nor magistrate , but a shepheard , as david was , psal. . , ▪ which i presume none will affirm , i am certain none can prove : if so then it was not sauls annointing but onely his royall authority , which made david thus to spare his life , his person . so that our opposites pressing this argument only from his annointing , is both false and idle , as all the premises demonstrate . but to set the argument right ; i answer thirdly , that all which these texts and davids example prove , is but this . that subjects ought not wilfully or purposely to murder or offer violence to the persons of their kings ; especially in cold blood when they doe not actually assault them . ergo they may not resist , repulse their personall actuall assaults , nor oppose their cut-throat cavaleers when they make an unjust warre against them . which argument is a meer non sequitur . for . davids example extends only to sauls own person , not to his souldiers , who were neither kings , nor gods annointed ; and whom david no doubt would have resisted and slain too had they assaulted him , though he spared saul : as a dr. fern himselfe insinuates in these words ; davids guard that he had about him , was onely to secure his person against the cut-throats of saul , if sent to take away his life , &c. he was annoynted and designed by the lord to succeed saul , and therefore he might use an extraordinary way of safe-guarding his person : therefore he and his guard would and might doubtlesse have with a safe conscience resisted , repulsed sauls cut-throat souldiers , had they assaulted david , to take away his life . and if so , then the kings cut-throat cavalleers by his own confession , may lawfully be resisted , repulsed , slain in a defensive way , by the parliaments forces now . secondly , the argument is absurd , because we may forcibly resist and repulse with safe conscience , those whom we may not wilfully slay . if a man assaults me , to beat or wound me , i may resist , repulse him with violence , but i may not kill him in mine own defence , without murder or manslaughter , unlesse i could not otherwise preserve my own life by flight or resistance . b doctor ferne grants , that a subject may in his own private defence , lawfully ward off the kings own blows , and hold his hands , in case of sudden and illegall assaults , much more then of malicious and premeditated : but yet denies , he may either wound or kill him , and that truely . to argue therefore from davids example and words , the king may not with safe conscience be wittingly slain by his subjects : ergo , he and his cavaleers may not be forcibly resisted , repulsed by them for their own defence and preservation , is a grosse inconsequent by the doctors own confession . thirdly , there is nothing in all these speeches , or the practise , or in david , pertinent to the case in dispute ; for when c davids men moved him to kill saul , and would have risen up against him , to slay him , & david refused to act , or suffer his men to do it ; neither saul nor any of his men did actually assault david or his followers , nor so much as once discover them ; but saul went casually to cover his feet into the cave , where they lay hid ; which done , he rose up and went on his way , not once espying david ( though h● cut off the skirt of his robe privily ) nor any of his men with him . to argue therefore , that david and his men might not with a safe conscience stretch forth their hands and rise up against their soveraingne king saul , to kill him thus in cold blood , when he assaulted them not , nor so much as thought of their being in the cave , and went out of it quietly , not discovering them ; ergo , they might not , they would not in conscience have resisted , repulsed him , or his forces , had they assaulted , or given them battell in the cave , is a non-sence conclusion ; just in effect the same with this . i may not resist or repulse one who assaults me not , ergo , i may not resist one that actually assaults me to take away my life , or to beat , rob , wound me : what logick , reason , law or divinitie is there in such an argument ? so after this when d abishai said to david , god hath delivered saul thine enemie into thy hand this day , now therefore let me smite him , i pray thee , with the spear , even to the earth at once , i will not smite him the second time : and david said to abishai , destroy him not , for who can stretch forth his hand against the lords anoynted ( to wit , to slay him purposely , as abishai intended ) and be guiltlesse ? the text is expresse , that saul and his men were then in their own trenches , fast a sleep , because a deep sleep from the lord was fallen upon them ; david and abishai were here the onely assailants , they came into sauls trenches , he and his whole army were in so sound a sleep , that they came to sauls own person , took away with them his spear , and the cruse of water from his bolster , and departed , not being once discerned ; no man resists , assaults , discovers them . to slay saul thus in cold blood , without any assault or present provocation , and especially upon a private quarrell , had been treachery and impiety in a son-in-law , a servant , a subject , a successour ; and to do it with the hazard of their own lives , had any of sauls army been awakened at the stroke abishai would have given him . ( as probably they might have been ) they being but two , and within their enemies trenches , in the midst of the army , who might have easily and speedily slain them , had been rashnesse , indiscretion ; their departure with the spear and cruse was more heroicall , loyall , prudentiall . to conclude therefore , as our opposites do from this speech and example , that david thought it unlawfull in point of conscience for him or abishai to murther his soveraign lord king saul , when he and his men were thus fast asleep in the midst of their trenches , offering them no wrong , making no actuall assaults upon them ; ergo , they could not , would not iustly with safe consciences have forcibly defended themselves against saul and his army , had they been assaulted by them in their own trenches ; is a trascendent absurdity , refuted by the very next words of david to abishai at that instant , sam. . . and david said furthermore , as the lord liveth , the lord shall smite him , or his day shall come to die ; or he shall descend into battell and perish ; which intimates , that if saul would force him to a battell , then he might lawfully defend himself against his violence , though he might not murther him now in his sleep , when he did him no harm ; and if he casually perished in the battell , it was sauls own wilfull default , not his , who could not disswade him by all this his fair carriage and sparing of his life , ( when he had those two advantages to slay him ) from his violent prosecution , nor yet succeed him in the crown ( as god had appointed and foretold ) should he suffer him to murther him and his men in battell without resistance . yea , davids earnestnesse to go with achish and the philistines to the battell against saul , wherein he perished , sam. . ( unlesse we will taxe david for a notable hypocrite and dissembler ) unanswerably evidenceth , that he deemed it lawfull to resist , to encounter saul and his forces in battell , not withstanding his person might chance to perish in the fight , though not to slay him treacherously , and basely upon the precedent advantages : and his slaying of that lying e amalekite who brought him tydings of sauls death , reporting that himself had slain him , to gain a reward from david , he being then one of sauls souldiers ▪ ( as it seems ) concludes onely , that it was not lawfull for any of sauls own men to s●y him , by his own command : not that resistance of him in the open battell was unlawfull in point of conscience . other answers might be given to this objection concerning david and saul . as . that this difference was but private and personall between saul and david , david being then sauls private subject , servant , son in law , not publike between saul his whole parliament or kingdom ; now many things are unlawfull to be done in private quarrels , which are iust and honourable in publike differences . secondly , that david himself , though he thus forbore to murther saul , yet he tels him , sam. . , , . this day thine eyes have seen how that the lord had delivered thee to day into mine hand in the cave , and some bad me kill thee , but mine eye spared thee ; and i said , i will not put forth my hand against my lord , for he is the lords anoynted . moreover , my father , see , yea ▪ see the skirt of thy robe in my hand , for in that i cut off the skirt of thy robe and killed thee not , know thou and see , that there is neither evill nor transgression in mine hand , and i have not sinned against thee , yet thou huntest my soul to take it . the lord judge between me & thee , and the lord avenge me of thee , but mine hand shall not be upon thee and plead my cause and deliver me out of thine hand . and after this upon the second advantage , he useth like words . the lord render to every man according to his righteousnes & faithfulnes , for the lord delivered thee into my hand to day , but i would not stretch forth my hand against the lords annointed . and behold , as thy life was mvch set by this day in my eyes , so let my life be much set by in the eyes of the lord , and let him deliver me out of all tribulation : wherein david declared , that god had given up sauls life into his power , that it was his owne meer goodnesse that moved him to spare saul contrary to his souldiers , and abishaies minds , who would have slain him , without any scruple of conscience ; that the reasons he spared him were : first , because he was gods annointed , that is , specially designed and made king of israel by gods own election , which no kings at this day are , & so this reason extends not so fully to them , as to saul . secondly , because he was his father and lord too , and so it would have been deemed somewhat an unnaturall act in him . thirdly , because it had ●avoured onely of private self-revenge and ambitious aspiring to the crown before due time , which became not david , the quarrell , being then not publike , but particular betwixt him and david onely , who was next to succeed him after his death . fourthly , because by this his lenity he would convince & reclaim saul frō his bloody pursuit , and cleare his innocency to the world . fifthly , to evidence his dependence upon god and his speciall promise ; that he should enjoy the crown after saul by divine appointment ; and therefore he would not seem to usurp it by taking sauls life violently away . most of which considerations faile in cases of publike defence , and the present controversie . thirdly , that saul himselfe , as well as davids souldiers , conceived , that david might with safe conscience have slain as well as spared him ; witnesse his words , sam. . , , thou art more righteous then i , for thou hast rewarded me good , whereas i have rewarded thee evill : and thou hast shewed me this day how thou hast dealt well with me ; for as much as when the lord had delivered me into thine hand thov killedst me not. for if a man finde his enemy wil he let him go wel away ? wherefore the lord reward thee good for that thou hast done unto me this day , &c. and in . sam. . . then said saul , i have sinned ; returne my sonne david , for i will no more do thee harm , because my sovle was precious in thine eyes this day ; behold i have played the fool exceedingly , &c. but the former answers are so satisfactory , that i shall not pray in ayd from these , much lesse from that evasion of dr. fern , who makes this , and all other davids demeanors in standing out against saul f extraordinary ; for he was annointed and designed by the lord to succeed saul ; and therefore he might also use all extraordinary wayes of safeguarding his person ; which like wise insinua●es , that this his scruple of conscience in sparing sauls life was but extraordinary , ( the rather , because all his souldiers and abishai would have slain saul without any such scruple , and saul himselfe conceived , that any man else but david would have done it : ) and so by consequence affirms , that this his sparing of saul is no wayes obl●gatory to other subjects , but that they may lawfully in davids case kill their soveraigns ▪ but davids resistance of saul by a guard of men , being only that ordinary way which all subjects in all ages have used in such cases , and that which nature teacheth not onely men , but all living creatures generally to use for their own defence , and this evasion derogating exceedingly from the personall safety of princes , yea , and exposing them to such perils as they have cause to con the dr. small thanks for such a bad invention , i shall reject it as the extraordinary fansie of the dr. & other loyalists , void both of truth and loyalty . the . obiection out of the old testament is this , sam. . . samuel tells the people , g how they should be oppressed under kings ; yet all that violence and injustice that should be done unto them , is no just cause of resistance : for they have no remedy left them bvt crying to the lord , v. . and ye shall cry out in that day because of the king which ye shall have chosen you , and the lord will not hear you in that day . to this i answer . that by the doctors own confession , this text of samuel , much urged by some of his fellows , to prove an absolute divine prerogative in kings , is quite contrary to their suggestion ; and meant onely of the oppression , violence , and in●u● ( not lawfull power ) of kings , which should cause them thus to cry out to god this truth we have clearly gained by this obiection , for which some royallists will renounce their champion . . it is but a meer fallacie and absurdity not warranted by the text ; which saith not , that they shall onely cry out ; or that they shall use no remedy or resistance , but crying out ; which had been materiall , but barely , ye shall cry out in that day , &c. ergo , they must and should onely crie out , and not resist at all ▪ is a grosse non-sequitur : which argument because much cryed up , i shall demonstrate the palpable absurdity of it by many parallell instances . first , every christian is bound to pray for kings and magistrates , tim. . , . ergo , they must onely pray and not fight for them , nor yeeld tribute or obedience to them : kings and their subjects too are bound to crie out , and pray to god against forraign enemies that come to war against them , as h moses did against pharaoh and his host , i david against his enemies , k hezekiah against sennacherib and his hoste , l asa against his enemies , m abijah and the men of iudah against ieroboam and the israelites their enemies ; and as all christians usually do against their enemies . ( yea , i make no doubt but the doctor , and other court-chaplains , inform his majesty and the cavalleers , that they must cry to god against the parliamenteers and roundheads now in arms to resist them ; ) ergo , they must onely pray , but in no wise resist or fight against them ; all men must pray to god for their n daily bread : ergo , they must onely pray and not labour for it ; sick o persons must pray to god to restore their health : ergo , they must take no physick , but onely pray ; all men are expresly commanded to p crie and call upon god in the day of trouble , ergo , they must use no meanes but prayer to free themselves from trouble ; pretty logick , reason , divinity , fitter for deri●ion then any serious answer . this is all this text concludes , and that grosly mistaken speech of saint ambrose , christians weapons are prayers , and tears ; of which anon in its due place . in one word , prayer no more excludes resistance , then resistance , prayer , both of them may , and sometimes ( when defence is necessary , as now ) ought to concurre ; so that our court doctors may as well argue , ( as some prelates not long since did in word and deed ) ministers ought to pray , and gods * house is an oratory for prayer : ergo , they must not preach ( atleast , very seldom ) nor make his house an auditory for preaching : or as rationally reason from this text , that subjects must cry out to god against their kings oppressions , ergo , they must not petition their kings , much lesse complain to their parliament for relief ; as conclude from thence ; ergo , they may in no case resist the king , or his invading forces , though they indeavour to subvert religion , laws , liberties , as the doctor himself states the controversie : whose arguments will hardly satisfie conscience , being so voyd of reason , ●ence , yea science . the eighth is this , q none of the prophets in the old testament , reprehending the kings of israel and iudah for their grosse idolatry , cruelty , oppression , did call upon the elders of the people for the duty of resistance ; neither do we finde the people resisting , or taking up arms against any of their kings , no not against ahab or manasseh , upon any of these grounds : ergo , resistance is unlawfull . to which i must reply , first , that none of the prophets did ever forbid resistance in such cases , under pain of damnation , as our new doctors do now ; ergo , it was lawfull , because not prohibited . secondly , that as none of the people werethen inhibited to resist , so not dehorted from it : therefore they might freely have done it , had they had hearts and zeal to do it . thirdly , * iosephus resolves expresly , that by the very law of god , deuter. . if the king did contrary to that law , multiply silver , gold , and horses to himself , more then was fitting , the israelites might lawfully resist him , and were bound to do it , to preserve themselves from tyrannie ; therefore no doubt they might have lawfully resisted their kings idolatry , cruelty oppressions . fourthly , q hulderichus zuinglius , a famous protestant divine , with others , positively affirms , that the israelites might not onely lawfully resist , but likewise depose their kings for their wickednesses and idolatries ; yea , that all the people were justly punished by god , because they removed not their flagitious , idolatrous kings and princes out of their places , which he proves by ie●em . where after the four plagues there recited , the prophet subjoynes the cause of them , saying , verse . i will give them in fury to all the kingdoms of the earth , ( that is , i will stirre up in fury all the kings of the earth against them ) because of manasseh the son of hezekiah king of iudah , for that which he did in ierusalem . this manasseh had committed many wickednesses by idolatrie and the shedding of innocent blood , as we may see in the one and twentieth chapter of the second of the kings ; for which evills the lord grievously punished the people of israel : manasseh shed over much innocent blood , untill he had filled ierusalem even to the mouth , with his sins wherewith he made iudah to sinne , that it might do evill before the lord : therefore because manasseh king of iudah did these most vile abominations , above all that the amorites had done before him , and made the land of iudah to sin in his uncleanesse , therefore thus saith the lord god of israel , behold , i will bring evill upon ierusalem and iudah , that whosever shall hear , both his ears shall tingle &c. in summe , if the iews had not thus permitted their king to be wicked withovt pvnisment ; they had not been so grievously punished by god. we ought to pull and cast away even our eye that offends , so a hand and foot , &c. if the israelites had thus deposed manasseh by consent and suffrages of all , or the greatest part of the multitude , they had not been so grievously punished of god. so zuinglius , with whom even s b. bilson himself in some sort accords , who in desending & interpreting his opinion , confesseth , that it is a question among the learned , what soveraigney the whole people of israel had over their kings ; t confessing , that the peoples rescuing ionathan that he ●●ed not , when saul would have put him to death , u davids speech to the people when he purposed to reduce the arke , x all the congregations speech and carriage toward rehoboam when they came to make him king , with the y peoples speech to ieremy , thou shalt die the death ; have perswaded some , and might lead zuinglius to think , that the people of israel , notwithstanding they called for a king , yet reserved to themselves svfficient avthority to overrvle their king , in those things which seemed expedient and needfvll for the pvblike welfare ▪ else god would not punish the people for the kings iniquity , which they must suffer , and not redresse . which opinion , if as orthodox , as these learned divines and iosephus averre it , not onely quite ruines our opposites argument , but their whole treatises and cause at once . but fiftly , i answer , that subiects not onely by command of gods prophets , but of god himself , and by his speciall approbation have taken up arms against their idolatrous princes , to ruine them and their posterities : a truth so apparent in scripture , that i wonder our purblinde doctors discern it not : for did not god himself , notwithstanding his frequent ( conditionall ) promises to establish the kingdom of israel on david , solomon and their posterity ; for z solomons grosse idolatry ( occasioned by his wives ) tell solomon in expresse terms ? vvherefore for as much as this is done of thee , and thou hast not kept my covenant and my statutes , which i have commanded thee , i will surely rend the kingdom from thee , and will give it to thy servant . notwithstanding in thy dayes i will not do it , for david thy fathers sake ; but i will rend it out of the hand of thy son . did not the prophet . abijah in pursuance hereof , rending ieroboams garment into twelve pieces , tell him ? thus saith the lord , the god of israel , behold , i will rend the kingdom out of the hand of solomon , and will give ten tribes to thee ; and i will take the kingdom out of his sons hand , and will give it unto thee , even ten tribes ; and i will take thee , and thou shalt reign according to all that thy soul desireth , and shalt be king over israel ; and i will for this afflict the seed of david . a yea , did not all israel upon solomons death , when rehoboam his son refused to grant their iust requests at their coming to sechem to make him king , use this speech to the king , what portion have we in david ? neither have we inheritance in the son of iesse , to your tents ô israel : now see to thine own house david . whereupon they departed and fell away from the house of david everafter , and made iereboam king over all israel . and doth not the text directly affirm ? wherefore rehoboam hearkned not unto the people , for the cause was from the lord , that he might perform the saying which the lord spake to abijah unto ieroboam , the son of nebat . after which when rehoboam raised a mighty army to reduce the ten tribes to obedience , the word of the lord came to shemaiah the man of god , saying , speak unto rehoboam and all the house of iudah and benjamin , thus saith the lord , ye shall not go up to fight against your brethren the children of israel , return every man to his house ; for this thing is from me ; they hearkned therefore to the word of the lord and returned to depart , according to the word of the lord. lo here a kingdom quite rent away from the very house of david ; yea , a new king and kingdom erected by the people , by gods and his prophets speciall direction , and approbation , for king solomons idolatry . who is such a stranger to the sacred story , but hath oft-times read , how god anoynted iehu king , of purpose to extirpate and cut off the whole house of k. ahab his lard for his and iezabels idolatry and blood-shed , in slaying the prophets , and unjustly executing naboth for his vineyard ? in performance whereof he s●ew his soveraign king ioram , ahaziah king of iudah , queen iezabel , all ahabs posterity , his great men , his nobles , and all the priests and worshippers of baal , till he left none remaining , according to the word of the lord which he spake by his servant elijah , a kings c. . & . for which good service the lord said unto iehu , because thov hast done well in executing that which is right in mine eyes , and hast done unto the house of ahab according to all that was in mine heart , thy children of the ● . generation , shall sit on the thron of israel . this fact therefore of his thus specially commanded , approved , rewarded by god himself , must needs be just and lawfull , not treason , not rebellion in iehu , unlesse the opposites will charge god to be the author , approver , and rewarder o●fin , of treason . neither will it serve their turns to reply , that this was an extraordinary example , not to be imitated without such a speciall commission from heaven , as iehu had , and no man can now a dayes expect ; b for since god hath frequently injoyned all grosse incorrigible idolaters ( especially those who are nearest and dearest to , and most potent to seduce us ) to be put to death , without any pitty , or exception of kings , whose examples are most pernicious , and apt to corrupt the whole nation , as the presidents of the idolat●ous kings of israel and iudah abundantly evidence ) if kings become open professed idolaters , though private persons may not murther them , and their families , as iehu ; yet the representative body , or greater part of their kingdoms , ( as many pious divines affirm ) may lawfully convent , depose , if not judge them capitally for it : and gods putting zeal and courage into their hearts , or exciting them by his faithfull ministers , to such a proceeding , is a sufficient divine commission to satisfie conscience , if no sinister private ends , but meer zeal of gods glory , and detestation of idolatry be the onely motives to such their proceedings . c thus we read , god stirred up baach● , exalted out of the dust , and made him a prince over the house of israel , who slew king nadab , and smote all the house of jeroboam , till he left him not any that breathed , because of the sins of ieroboam which he sinned , and which he made israel sin , d by his provocation where with he provoked the lord god of israel to anger ; who going on after in ieroboams sins , god threatens to ●ut off all his house , and make it like the house of ieroboam ; which was actually executed by zimri , who slew his soveraign king elah , son to baacha , with all the house of baacha , and left not one that pissed against the wall , neither of his kinsfolks ▪ nor of his friends , according to the word of the lord which he spake against baacha by iehu the prophet . which act of zimri , though a just judgement in regard of god , on the family of baacha for their idolatry , was notwithstanding reputed treason in zimri , because he did it not out of conscience or zeal against idolatry , being , and continuing an idolater himself ; but onely out of ambition to usurp the crown , without the peeples consent ; whereupon all the people made omri king and then going all to the royall palace , set it on fire , and burnt omri in it , both for his sins , idolatries , and treason which he wrought . we read expresly , e that after the time that amaziah did turn away from following the lord , they ( for this ) conspired a conspiracie against him in ierusalem , and he fled to lachish , but they sent to lachish after him , and slew him there ; and they brought him upon horses , and buried him with his fathers in the city of iudah . then all the people of iudah took uzziah , who was years old , and made him king in the room of his father amaziah , and he did that which was right in the sight of the lord. so f zachariah , shallum , pekahiah , pekah , four evill kings of iudah , successivly acquiring the crown by murther , and reigning evilly in gods sight , were all slain by gods just judgement on them , of one another , and hoshea . in few words , god himself ever annexed this condition to the kings of israel and iudah , that they should serve and fear him , obey his laws , keep his covenant , otherwise if they did wickedly forsake him , or commit idolatry , he would destroy , forsake , and cast them and their seed off from being * kings . when therefore they apparently violated the condition , the whole state and people , as gods instruments , lawfully might , and sometimes did by gods speciall direction , remov depose , and sometimes put them even to death for their grosse iniquities , and idolatries ; and when they did it not , it was not ( as many think ) for want of lawfull soveraign authority remaining in the whole state and people , ( as i shall fully manifest in the appendix ) but out of a defect of zeal , out of a generall complying with their kings in g their abominable idolatries and sins , which brought war , captivity , ruine , both on their kings , their posteritie , the whole nation and kingdoms of iudah , and israel , as the sacred story plentifully relates . all which considered , this objection proves not onely false , but fatall to the obiectors cause , who might with more discretion have forborn , then forced such an answer to it , which i hope and desire no private persons will abuse to iustifie any disloyalty , sedition , treason , rebellion , or taking up of arms against their lawfull princes , though never so evill , without the publike consent and authority of the representative bodies or major part of their severall realms , byassed with no sinister nor private respects , but ayming onely at gods glory , and the publike weale , security , peace of church and state. thus much in answer to the principall objections out of the old testament . the ninth and most materiall h obiection , on which our opposites principally relie , is that noted text in the new testament , rom. . , . let every soul be subject unto the higher powers , for there is no power but of god ; the powers that be , are ordained of god. whosoever therefore resisteth the power , resisteth the ordinance of god , and they that resist , shall receive to themselves damnation . from whence dr. fern concludes , . that the king is the supreme or highest power here intended . . that all persons under the highest power are expressely forbidden to resist . . that in those dayes there was a standing and continuall great senate , which not long before had the supreme power in the roman state , and might challenge more by the fundamentalls of that state , then our great councell will or can . but now the emperour being supreme , as s. peter calls him , or the higher power , as s. paul here , there is no power of resistance left to any that are under him , by the apostle . was there ever more cause of resistance then in those dayes ? were not the kings then not onely conceived to be inclined so , and so , but even actually to be enemies of religion , had overthrown laws and liberties ? and therefore if any should from the apostles reasons that he gives against resistance in the , , , verses , ( for rulers are not a ●error to good works , but evill , and he is the minster of god to thee for good ) replie , that rulers so long as they are not a terror to the good , but ministers for our good , are not to be resisted ; the consideration of those times leaves no place for such exception , because the powers then ( which the apostle forbids to resist ) were nothing so , but subverters of that which was good and just . the emperors did then indeed rule absolutely and arbitrarily , which should have according to the principles of those dayes beene a stronger motive to resist . but how did they make themselves of subjects such absolute monarchs ? was it not by force and change of the government ? and was not the right of the people and senate ( according to the principles of these dayes ) good against them , with as much or more reason , then the right of the people of this land is against the succession of this crown , descending by three conquests ? . the prohibition doth not onely concern christians , but all the people under those emperors , and not onely religion was persecuted , but liberties also lost , the people and senate were then enslaved by edicts and laws then inforced on them , by nero and other roman emperours , yet notwithstanding the apostle prohibits them to resist . by all which consc●ence will clearly see , it can have no warrant in scripture for resistance , to wit , of the king , or his invading forces , by way of necessary defence . so the doctors and other ob●ectors hence conclude to give a satisfactory answer to this grand objection , i shall in the first place inquire , whether there be anything in this text , prohibiting subjects to resist with force the armed unjust violence of their princes persons or instruments , especially when they are bent to overthrow religion , laws , liberties , the republike , and turn professed tyrants ? and under correction , i conceive there is not the least syllable or shadow in this text for any such inhibition , as is pretended . not to insist upon the words , higher powers odained of god , &c. which extend not unto tyrannie and illegall exorbitant oppressions , of which hereafter ; i shall deduce my first demonstrations to prove this negative assertion , from the occasion inducing the apostle to insert these objected verses into this epistle : i dr willet recites . reasons of it , all fortifying my assertion ; i shall mention onely the three most probable , most received of them , and apply them as i go . first , the roman magistrates being then infidels , the new converted christians among them , either did , or might take themselves to be wholly exempted from any subjection or obedience to them , reputing it a great incongruity , that christians should owe any subjection to pagans : to refute which error , the apostle informs them , that though the magistrates themselves were ethnicks , yet their authority and power was from god himself ; therefore their profession of christianitie did rather oblige them to , then exempt them from subjection . thus haymo soto , calvin , guather , marlorat , willet , pareus , with others on this text. turn this reason then into an argument , and it will be but this non sequitur : christianity exempts not subiects from due obedience to iust pagan magistrates , ergo , tyrants may not be resisted , neither ought the parliament and their forces to resist the kings cavalleers unjust assaults , as the case is formerly stated . pretty logick , and divinity . . the gaulonites , as k iosephus records , with other iews , being abrahams seed , held it unlawfull for them to yeeld any subjection or tribute to the roman emperors , or other heathen princes , reigning over them ; whereupon they demanded this question of christ himself , is it lawfull to pay tribute to caesar ? matth. . which error perehance spread it self into the christian church , by reason of evangelicall libertie , grounded on ioh. . if the son shall make you free , then are ye free indeed ; mat. . the● are the children free ; and ro. . we are not under the law , but under grace . to refell this mistake , the apostle inserted these passages into this epistle ; thus soto , calvin , peter martyr , willet , and others . whence nothing but this can be properly concluded , neither the prerogative of the iews , nor liberty of christians exempts them from due subjection to lawfull heathen magistrates , because they are gods ordinance , ergo , no subjects can with safe conscience defend themselves in any case against the unjust invasions of tyrannicall princes or their armies . a palpable inconsequent . thirdly , the apostle having formerly taught , * that christians might not avenge themselves : lest some might have inferred thereupon ( as many * anabaptists have done ) that it was not lawfull for christians to use the magistrates defence against wrongs , nor for the magistrate himself to take vengeance of evill doers : to prevent this the apostle argues , that the magistrates are gods ministers , appointed by him to punish malefactors , and take vengeance on them . so gualther , willet , and others . to conclude from this ground : oppressed subjects may seek redresse of their grievances from the magistrates , who may lawfully punish malefactors , ergo , they may not resist with force , tyrannicall bloody magistrates , or their wicked instruments , when they actually make war upon them , to ruine , spoyl , enslave them , is but a ridiculous non sequitur . there is nothing therefore in the occasions of the apostles words which gives the least colour , to disprove the lawfulnesse of such resistance , or of the parliaments just defensive war. secondly , this is manifest by the whole scope of this text , which in summe is onely this , that christians ought in conscience to ( l ) be subject to all lawfull higher powers , so farre forth as they are gods ordinance , gods ministers , for their good , to the praise of the good , and punishment of evill doers , and not to resist them in the execution of their just authority : or christianity exempts not christians from obedience unto faithfull civill magistrates : to inferre from thence . ergo it is unlawfull for christians in point of conscience to resist their magistrates when they warre upon them to subvert religion , lawes , liberties , sl●y , plunder them , is but a meer non-sence deduction . thirdly , this appeares most perspicuously from the motives to obedience , and reasons against resistance of magistrates specified by the apostle in the text it selfe . first , the higher powers must be submitted to , and not resisted , because they are ordained of god , and are gods ordinance , vers . . . but they are ordained of god and his ordinance , so far forth only as they govern according to his word ; and preserve , m protect religion , lawes , liberties , the persons and estates of their people ; they are not gods ordinance , but the devils , n when they doe quite contrary , o walking about lik● roaring lions , se●k●ng whom they may devoure , as the devill doth ; according to that resolution of bracton , and fl●ta p exercere debet rex potestatem iuris sicut dei vicarius & ministeri in terra , quia illa potestas solivs dei est potestas autem injuriae diaboli et non . dei ; cujus horum operum fecerit rex ejus minister crit . ●gitur dum facit justitiam , vicarius est regis aeterni : minister avtem diaboli dum declinat ad injuriam . q therefore they are so farre forth onely to be obeyed and not resisted , as they are gods ordinance , and lawfull magistrates , not a● they are tyrants and the devils agents : we might have obeyed the evill spirits themselvs whiles they continued good angels ; ergo we must not resist them now they are turned devils , is 〈◊〉 logick , course divinity , contrary to the pet. . , . iam. . . secondly , because those who resist shall receive to themselves damnation , temporall or eternall , since they resist gods ordinance , v. but that subiects should be temporally and eternally damned , only for resisting tyrannicall magistrates or their cavaleers , and that by authority from the parliament , when they with armed violence most impiously s●t themselves o subvert religion , lawes , liberty , propertie , and take away their liv●s , against all lawes of god and man ; for which they themselves incurre both r temporall and eternall damnation , ●s ●●ch a paradox , as is no wayes warranted by , but directly opposite to the scripture . therefore it must be intended onely of resisting lawfull authority , and iust commands . . they must be subiected to , not refisted , because rulers are not aterror to good work , but to evil , v. . now is this a reason why subiects should not resist tyrannicall oppressing princes , magistrats , or their instruments , who are only a terror to good works , not to evill ? who do s evill and only evill continually , even with both hands ? doubtlesse not . we must not resist rulers who are a terror to good works but to evill ; ergo , we must not resist rulers , who are a terror to good works , not to evill , as our opposites conclude he●ce , is to argue poi●●blank against the apostle ; ergo , we may and must resist them to our powers , lest we be t partakers of their sinnes and punishments , and become authors of religions and the commonwealths subversion , is a more proper inference . fourthly , the apostle subjoynes this argument against resistance . wilt thou not then be afraid of the power ? doe that which is good , and thou shalt have praise of the same , vers. . that power is not to bee resisted , which wee need not be afraid of , and of whom we shall have prayse whiles we doe that which is good : but this onely can bee intended of a lawfull power justly executed ; not of tyrants , or their ill ministers bent with force of armes to ruine religion , lawes , liberties , ; who onely terrifie , disgrace , discountenance those that are good ; applaud , advance none but those who are evill , and as micah writes , chap. . . . love the evill and hate the good , and pluck off their skin from off them , and their flesh from off their bones , &c. therefore this inhibition of resistance extends onely to lawfull magistrates , not to ungodly oppressing tyrants . fiftly , he is not to be resisted , but obeyed ; because he is the minister of god to thee for good , vers. . but is this true of tyrants ? of ungodly magistrates bent to subvert religion , lawes , liberties , and destroy their people ? true of u caligula , of nero , who wished all the romans had but one necke , that he might cut them all off at one stroke ; and purposely fired rome to consume it , beholding the flames as a most delightfull spectacle ? are such the ministers of god for our good here intended ? or not rather , x the very pests , iudgements , scourges , wolves , cut-throats , destroyers of mankind , and direct antinodes to all things that are good ? if these be not within the apostles definition , they are with out his inhibition ; which extends onely to such , who are the ministers of god to us for good : and implies a lawfulnesse of resisting those who are the devils ministers to us for evill , rather then gods for good . sixtly , he subjoynes this further reason of obedience and not resistance , vers. . but if thou dost that which is evill be afraid ; for he beareth not the sword in vaine ; for hee is the minister of god , a revenger , to execute wrath upon him that doth evill ; which no wayes suites with a tyrant bent to subvert religion , lawes , liberties : for he secures all evill men , especially those who are instrumentall to advance his cruelty , and oppressions ; gives liberty to all manner of wickednesses , proclaimes impunity to his ill instruments , knowing that of the poet to be true ; y libert as scelerum est quae regna invisa tuetur , &c. he beareth the sword not onely in vaine , in reference to any good end , for the promoting of gods glory and the publike good ; but likewise draweth it forth , and useth it directly against both ; and is so farre from being a minister of god , or revenger to execute wrath upon them that doe evill , that he is the very minister of the devill , z a bloody implacable revenger to execute wrath upon those onely that doe good : such was nero , who then reigned , of whom a tertullian , nihil nisi grande aliquid bonum a nerone damnatum . this reason then extends onely to righteous governours , in their execution of justice upon wicked malefactors wherein they must not be resisted ; not to bloody , gracelesse , lawlesse tyrants and their instruments , who by the rule of contraries may and ought to be resisted in their cruelties , oppressions , impieties . seventhly , the apostle hereupon concludes , vers. . wherefore you must of necessity be subject not onely for wrath , but also for conscience sake . this conclusion as the word , wherefore , demonstrates , being inferred from the premised reasons , extending onely to just and upright magistrates , not to tyrants , as they are such ; must relate wholly unto them ; namely , that we must of necessity be subject unto just rules , and the higher powers , governing uprightly ; because they are gods ordinance ; because those who resist them shall receive damnation : because they are not a terror to good workes , but to evill : because we shall have praise of them if we doe good ; because they are the ministers of god to u● for good ; and because they are gods ministers and revengers , to execute wrath upon them onely that doe evill : b neither of which reasons extending to tyrants , this conclusion can never reach to them ; since no law of god or man , necessitates any one to be subject , not onely for wrath , but even for conscience sake , to the unjust commands and violence of tyrants , but the quite contrary : should tyrants enjoyne men , as some have done , to offer sacrifice to idols , to renounce christianity , abjure iesus christ , and yeeld up their chastity to their unruly lusts ; gods c law and conscience in such cases enjoynes them of necessity to disobey and resist those commands , even for conscience sake ; as every man endued with conscience must acknowledge ; therefore this text extends not to resistance of such exorbitant powers in such lawlesse cases . eighthly , the apostle thus proceeds , vers. . for this cause also pay you tribute , for they are gods ministers , attending continually upon this very thing . what , doe men pay any tribute to princes or magistrates for this cause , that they may subvert religion , lawes , liberties ? that they may plunder , murther , warre upon , and expose them to the rapine of their ungodly malignant cavaliers ? or are magistrates , gods ministers , attending continually upon this very thing , to ruine parliaments , church , state , people ? would any men , thinke you , give tyrants wages for such a service , to cut their throats , to devoure and undoe them in soule , body , estate ? or do not they pay tribute to , and magistrates attend continually upon quite contrary imployments ? if so , as none can contradict , then the resistance here is onely intended of lawfull magistrates , who continually attend upon their charge , to protect the good , and punish malefactors ; not of tyrants , who doe quite contrary ; and therefore are to be resisted . ninthly , he infers from the premises , vers. . render therefore to every man his due , tribute to whom tribute , custome to whom custome , feare to whom feare , honour to whom honour : by what law of god are obedience , feare and honour due to tyrants in their ungodly , exorbitant , unjust commands , to subvert religion , lawes , liberties ? certainly the apostle hath no where in this text , nor god himselfe in any other scripture expressed such obedience , resistance , feare or honour to be due unto them : and elisha his speech to king iehoram , king . . compared with ezek. . . iob . . . ch. . . nehem. . . to . ch. . . isa. . . ch. . . lam. . . ch. . proves directly , that they are not their due . therefore this text extends not to them , but onely to lawfull magistrates . lastly , he concludes hence , vers. . owe no man any thing , but to love one another : for be that loveth another hath fulfilled the law. now no such love is owing to tyrants who subvert religion , lawes , liberties ; but we are to hate them with a perfect hatr●d , as enemies both to god and man , borne for the publike prejudice , psal. . . . psal. . . to . , . but onely just and upright magistrates : therefore this text is intended onely of them . by all these premises it is undeniable , that the resistance here prohibited is onely of lawfull magistrates in the due execution of their offices , according to the lawes of god and the realmes they live in ; not of tyrannicall oppressing princes , rulers , or their instruments forcibly indeavouring to ruine religion , lawes , liberties , parliaments , kingdomes ; which fully refutes the doctors fourth observation ; of which more anon . i now proceed to some farther disquisitions for the finall clearing of this text ; and herein i shall examine , first , what is meant by higher powers : whether kings or the roman emperor onely , as our objectors pretend , or all civill magistrates whatsoever as well as kings ? secondly , whether the roman emperour in pauls time were the highest soveraign power in that state , or the senate ? thirdly , whether tyrants and unjust oppressing magistrates , as they are such , be within the intendment of this text , and not to be resisted in any case . fourthly , whether kings and kingdomes be gods ordinance ; or an institution jure divino ; or a humane ordinance jure humano ; and how farre divine or humane ? fiftly , what resistance of the higher powers is here prohibited ? for the first of these . by the higher powers it is cleare , that kings and emperours onely are not meant , as our opposites dreame ; but all kinde of civill rulers and temporall magistrates whatsoever , from the king himselfe to the constable and tithingman : as is apparent , first , by the word , higher powers , used indefinitely in the plurall number , without mentioning any speciall kind of power . secondly , by those words ; there is no power but of god ▪ the powers that are ( that is , all lawfull powers whatsoever now in being ) are ordained of god : which universall negative , and affirmative , must necessarily include all lawfull civill powers . thirdly , by the following words : d for rulers , &c. that is , all rulers in the plurall number ; a title common to all inferiour officers : witnesse exod. . . . , . ( see chron. . . ) and moses chose able men out of all israel , and made them heads over the people : rvlers of thousands , rulers of hundreds , rulers of fifties , and rulers of tennes , ( such as our tithingmen are ) and they judged the people at all seasons . so that the tithingman is a ruler , a higher power within this text. fourthly , the word ministers , for they are gods ministers , &c. in the plurall too , extending generally to all officers . fiftly , by v. , , . render therefore to all their dues , ( that is , to all magistrates whatsoever ; as these ensuing words evidence ) tribute to whom tribu●e is due , custome to whom custome , feare to whom feare , honour to whom honour : owe nothing to any man , &c. that is , to any magistrate , or ruler of what kind soever . sixtly , by parallel texts , extending as well to inferiour lawfull magistrates and officers , as to kings , as ● tim. . . i exhort therefore , that first of all supplications , prayers , &c. be made for all men ; for kings , and all that be in avthoritie , &c. titus . . put them in minde to be subject to principalities and powers , to obey magistrates ( all in the plurall : ) pet. . . . submit your selves to every ordinance of man for the lords sake ; whether it be to the king as supreame , or unto governors , ( in the plurall ) as unto those that are sent by him , for the punishment of evill doers , and the prayse of them that doe well ; compared with iosh. . . . . ezra . , . ephes. . . . col. . . . . tim. . . heb. . . exod. . . chap. . , . ▪ . kings . . seventhly , by all expositors generally on this text , ancient , moderne , protestants , papists , who grant , that this text extends to all civill magistrates , as well inferiour and subordinate , as superiour , ( and many sticke not to straine it even to ecclesiasticall ones ) so origen , ambrose , hierome , remigius , theodulus , chrysostome , theodoret , primasius , haymo , rabanus maurus , theophylact , o●cumenius , haymo , aquinas , anselm , iyra , bruno , gorran , hugo de sancto victore , tostatus , luther , calvin , erasmus , melanchthon , gualther , musculus , bucer , hemingius , ferus , fayus , soto , alexander alesius , peter martyr , pareus , beza , piscator , zuinglius , tollet , willet , wilson , nacclantus , snecanus , vignerius , wenerichius , winckelman , estius , faber , cornelius a lapide , salmeron , catharinus , guilliandus , adam sasbout with sundry others . this then being irrefragable , hereby it is most apparent ; first , that no resistance of the higher powers is here prohibited , but onely in the due and legall execution of their offices : for if any inferiour officers illegally indeavour to subvert religion , lawes , liberties , and unrightly governe the people , they may lawfully be resisted by them : for example , if a maior , justice of peace , constable or other officer ; extravagating from the common course of law and justice ; shall with force of armes in a riotous manner assault any private man , or the whole citie or village where he lives , to beate , wound , kill , plunder , dispossesse the inhabitants of their houses , goods , franchises , or assult them on the highway side , to take away their purses ; in these and such like cases , both in point of law and conscience he may not onely be forcibly resisted , but repulsed , apprehended , battered , if not lawfully slaine by the people , and proceeded against as a delinquent : the reason is , because these illegall unjust actions , are not onely besides , without their commissions , but directly contrary to their offices , and the lawes , which never gave them authority to act such injustice : yet they are higher powers ordained of god , within this text , and no way to be resisted in the due execution of their offices according to law. if then these inferiour officers may be thus forcibly resisted , repulsed , notwithstanding this text , in such cases as these ; then by the selfe same reason kings and emperours may bee thus resisted too ; since the text extends indifferently to them both . let then the objectors take their choyce ; either affirme , that no inferiour lawfull officers whatsoever , may be forcibly resisted , by the people , or repulsed , arraigned , censured for their misdemeanour , by vertue of this text ; which would bring an absolute tyranny , anarchy and confusion presently into the world , and make every constable as great a tyrant , monarch as the grand emperor of the turks ; or else confesse , that this text condemnes not such resistance , even of kings and princes , when they forcibly war upon their subjects to subvert religion , lawes , liberties , and ruine the republike ; since it makes no distinction at all betweene the onespower and the others ; but equally enjoynes subjection , prohibits resistance unto both ; and that onely in just administration of their severall authorities , not in the arbitrary unjust prosecutions of their wils and lusts . secondly , it followes , that the kings souldiers , cavaliers and forces now raised against law , and armed onely with illegall commissions voyd in law , as i have proved ; are none of the high powers ordained of god , nor lawfull rulers or magistrates within the meaning of this scr●pture ; and so the forcible resisting of them , and of the kings illegall commands and designes executed by them , is no resistance of the higher powers here prohibited . thirdly , that t●e ho●ses of parliament being in truth the highest powers ordained of god in this realme , and their just legall ordinances , votes , forces , for the necessary defence of lawes , liberties , religion , against the kings ill counsellors , and malignant popish forces , neither may , nor ought in conscience to be resisted by the king himselfe , or any of his subjects , souldiers , under the perill of that damnation mentioned in this chapter . for the second , whether the roman emperor in pauls time was the highest soveraign power in the roman state , or not ? it is taken for granted by doctor ferne and other a opposites , that he was , as a thing past doubt , the senate and people ( as they say ) having resigned up their power to the emperour . but this no doubt is a grosse errour , ( which i have largely refuted in the appendix , and therefore shall be the briefer here ) derived from some civill lawyers ; who out of iustinian . digest . lib. . tet. . and instit. tit. . falsly affirme , that lege regia ; by the regall law the senate and people transferred all their empire and power unto the emperour . for first the senate and people ( as albericus gentilis b well observes ) did not by this law give the emperour all power and command to dispose of them , or the lands and revenues of the empire , as he pleased ; but onely to governe them according to their lawes , as men ; not to slay and alienate them as beasts . thus reason dictates , so the words of the law sound . c divines are deceived , lawyers flatter , who perswade , that all things are lawfull to princes , and that their power is highest and free . it is ridiculous to affirme , that absolute power over the subjects belongs to popes ; which belongs not to the emperours themselves over the italians , from whom they derive it . imagine therefore that the emperour had a power never so free , yet it is not of dominion , but of administration . d and he who hath but a free administration hath not the power of donation . ( e ) agardian is then reputed in stead of a lord , cum tutelam administrat , non cum pupillum spoliat ; when he rightly administers his tutelage , not when he spoyles his pupill . so gentilis . if then the emperours had onely a free legall administration , not an absolute dominion ; granted them by the people , then this soveraigne power still resided in the senate and people , as iustinian digest . lib. . tit. . de origine iuris , will sufficiently manifest : secondly , f iohn bodin a learned civilian clearely proves : that the roman emperors were at the first ; nothing else but princes of the commonweale , the soveraignty neverthelesse still resting in the people , and the senate : so that this common-wealth was then to have beene called a principality ; although that seneca speaking in the person of nero his scholler , saith . i am the onely man amongst living men , elect and chosen to be the lieutenant of god upon earth : i am the arbitratour of life and death ; i am able of my pleasure to dispose of the state and quality of every man. true it is , that he tooke upon him this soveraigne authority , by force wrested from the people and senate of rome , ( therefore not freely given him by any law ) but in right he had it not , the state being but a very principalitie wherein the people had the soveraignty . in which case , there is no doubt but that it is lawfull to proceede against a tyrant by way of justice , g if so men may prevaile against him : or else by way of fact , and open force , if they may not otherwise have reason ; as the senate did in the first case against nero : and in the other against maximinus . so bodin , who directly resolves , that even in nero his raigne when this epistle was written , the highest soveraigne power was not in the emperour , but in the senate and people : who notwithstanding this objected text , had no doubt a lawfull right , not onely to resist nero when he turned tyrant with open force , but likewise judicially to arraigne and condemne him even to death , as they did , for his publike crimes . now that the soveraigne highest power remained in the senate and people notwiths●anding this lex regia , marius salamonius ( an incomparable learned roman civilian ) hath largely proved in his six bookes de principatu ( purposely written to refu●e the contrary common error ) where he writes , first , that the roman emperors were created and constituted onely by the senat and people ; and that the creature should be superiour to the creator , the child to the parent , is absurd . secondly , that the emperours were but the senates and peoples publike servants ; therefore they were their lords ; and not inferiour , but superiour to their servants . thirdly , that they were subordinate and inferiour to the lawes made by the senate and people ; and bound by all their lawes , but such as the senate and people did by speciall acts exempt them from . fourthly , h that the people and senate did by speciall lawes create , limit , enlarge or abridge their emperours power and jurisdiction , as they saw cause , giving sometimes more or lesse jurisdiction to one emperour then another : which they could not justly doe , were they not the highest soveraigne power . finally he proves it by the very lex regia it selfe ; which because rare and unknowne to most , i shall here recite , to informe and reforme our ignorant court doctors , lawyers , with salamonius his observations from it . lex regia , was not onely one single law : there was not one law for all emperours , but it was revived for every emperour , yet not with the same conditions . the brasse table which yet hangeth in the lateran church , proves that the royall law was accustomed to be altered in every princes reigne at the pleasvre of the roman people ; for it is part of the royall law of the empire of vespatian , that it should be altered : which had beene voyd , if from the beginning of the empire a perpetuall law had beene made for all successors ; the words of the law are these . faedusve ●um quibus volet facere , ita ut licuit divo augusto , tyber . iulio caesari aug. tyherioque claudio , iulio caesari aug. germanico . vtique eum senatum habere , relationem facere , remittere senatus consulta , per relationem , discessionemque facere lic●at , ut licuit divo augusto , tib●rio , iulio caesari augusto , tyberio , claudio caesari augusto germanico . vtique quum ex voluntate , auctoritateue , jussu , mandatione ejus , praesenteve eo senatus habebitur , omnium rerum jus perinde habeatur , servetur , ac si elege senatus edictus esset , habereturque . vtique coss. magistratus potestatem , imperium , curationemve cuivis rei petenti senatui populoque romano commendaverit , quibusve suffragationem suam dederit , promiserit , eorum comitiis qui busque extra ordinem , ratio habeatur . vtique ei fines pomaerii proferre , procurare , cum e rep. censebit esse , liceat ; uti licuit tiberio , claudio caesari , augusto germanico . vtique quaecunque ex usu r●ip . majestate divinar : humanar : publicar : privatarumque rerum esse censebit , ea agere , facere jus , potestasque sit , ita uti divo aug. tyberioque , iulio caesari aug. tyberioque claudi● aug. germanico fuit . vtique quibus legibus , plehisve scitis scriptum fuit , ne divus augustus tyberiusve , iul. caes. aug. tyberiusve , claudius caes. aug. germanicus tenerentur ; his legibus plebisque scitis imp. aug. vespatianus solutus sit ; quaeque ex quaque lege , rogatione divum aug. t●b●riumve , iul. caesarem aug. tyb●●iumve , claudium caes. aug. germanicum facere oportuer at , ea omnia imperatori caesari vespatiano aug. facere li●●at . vtique quae a●tè hanc legem rogatam , acta , gesta , decreta , imperata , ab imp. caesare vespatiano augusto , jussu , mandatuve ejus a quoque sunt , ea perinde just a rata sint , ac si populi plebisve jussu acta essent . sanctio ▪ si quis hujusce legis ergo adversus leges , rogationes , plebisve scitoe , senatusue consulta fecit , feceritve , sive quod cum ex lege , rogatione , plebisve scito , senatusve consulto facere oportebit , non fecerit , hujus legis ergo , id ei ne fraudi esto , neve quid 〈◊〉 eam rem populo dari debeto , neve de ea re cui , actioneve judicato esto , neve quis de ea re apud eum agisinito . this law first shewes , that there was not one royall law made for all emperors , but that for every severall emperour severall lawes were necessary , containing the conditions whereupon the principalitie was collated by the roman people : for to vespatian , it appeares power was granted , of enlarging or setling the bounds , as it was granted to germanicus , but not to other princes . and in the last chapter but one , which saith : and by those things which by any law , &c. it is lawfull to doe ; a larger power is given to vespatian then to the forenamed emperours ; and that they ought to doe some things , which vespatian ought not to doe by law. likewise by these words ; vtique quibus legi●us , &c. solu●us sit : it appeares that vespati●n was not freed from all lawes , nor yet the emperour before him . likewise o●t of the chapter where it saith , ex usu reip. majestate , &c. it is evident that not an absolute free administration of things was committed to the emperours , but onely such as was usefull , that is , which should be for the profit and honour of the republike : whence is inferred , that those things which were not for the benefit and honour of the commonweale , emperors had no right nor power to doe . and in the last chapter is perspicuo●sly set downe that superiour power of the people , greater then the principality it se●fe . how then doth vlpian say , the prince is loosed from lawes ? he saith not from all lawes : verily that he was exempt from many is no doubt , &c. ( yet it was by a speciall clause in th● lex regia . ) this and much more salamonius . all which considered , will infallibly evidence , the roman senate and people to be the highest power in pauls time , not the emperour ; wh● even at this day ( as i bodin proves ) is inferiour to the germane states , who are the soveraigne power : when king henry the fourth of france , anno . used this speech to the duke of savoy ; k if the king of f●ance wou●d be ambitious of any thing greater then his crowne , it might be an empire , but not in the estate that it is now , the title of empire being little more then that of the duke of venice ; the soveraingty ( writes the historian in the margin ) remaining in the states of the empire . all that is objected against the premises , is that passage of t●rtullian , much insisted on : colimus erg● & imperatorē sic , l quomodo & n●bis lic●t , & ipsi expedit , ut homi●em à deo secundum ; & quicquid est à de● c●●secutum , solo deo minorem . hoc et ipse volet : sic enim omnibus major est , dum solo vero deo minor est. sic & ipsis diis major est , dum & ipsi in potestate suntejus , &c. to which i answer , that these words onely prove the emperour in the roman state to be the highest officer and magistrate under god , of any one particular person ; not that he was the soveraigne highest power above the senate and people collectively considered : and the occasion of these words will discover the authors intention to be no other : which was this . the christians in that age were persecuted and put to death by scapula president of carthage , to whom m tertullian writes this booke , because they refused to adore the emperour for a god , to sweare by his genius , and to observe his solemnities and triumphs in an eth●icall manner ; as is evident by the words preceding this passage : sic & circa majestatem imperatoris infamamur , &c. and by sundry notable passges in his apologeticus . in answer to which accusation tertullian reasons in the christians behalfe ; that though they adored not the emperour as a god ; yet they reverenced him as a man next under god ; as one onely lesse then god ; as one grea●er then all others , whiles lesse onely then the true god , and greater then the idol gods themselves , who were in the emperours power , &c. here was no other thing in question ; but whether the emperour were to be adored as god ? not , whether he or the roman senate and people were the greatest highest soveraigne power ? and the answer being , that he was but a man next under god , above any other particular officer in the roman state ; is no proofe at all , that he was paramount the whole senate and people collectively considered , or of greater soveraigne power then the● ; which the premises clearely disprove . adde ; that this father in his apologie thus censures the pagan romans for their grosse flattery of their emperours whom they feared more then their gods , appliable to our present times ; siquidem majore formid●ne & callidiore timiditate caesarem observatis , quam ipsum de olympo iovem , &c. ●deo & in isto irreligiosi erga deos vestros deprehendimini , cum plus timoris , hum●no domino dic●tis ; citius denique apud vos per omnes deos , quam per unum genium caesaris pejeratur ▪ then he addes , interest hominis deo cedere ; satis ●abeat appellari imperator : gr●●nde & hoc nomen est , quod a deo tradetur : negat illum imperatorem qui deum dicit ; nist homo sit , non est imperator . hominem se esse etiam triumphans in illo sublimissimo curru admonetur . suggeritur enimei a tergo , respice post te ; hominem memento t● . etiam hoc magis gaudet tanta se gloria coruscare , ut illi admonitio conditionis suae sit necessaria . major est qui revocatur ne se deum existimet . augustus imperii formator , ne dominum quidem dici se volebat : et hoc enim dei est cognomen . dicam plane imperato●em dominum , sed m●re communi , sed quando non cogor , ut dominum d●i vice dicam . concluding thus : nullum bonum sub ex●eptione personarum administramus , &c. iidem sumus imperatoribus qui & vicinis nostris . male enim velle , male face●e , male dicere , male cogitare de quoquam ex aequo vetamur , quod●unque non licet in imperatorem , id nec in quenquam : quod in neminem , eo forsitan magis nec in ipsum qui per deum t●ntus est , &c. from which it is evident , that the christians did not deifie nor flatter their emperours more then was meet , and deemed they might not resist them onely in such cases where they might resist no others , and so by consequence lawfully resist them , where it was lawfull for them to resist other private men who did injuriously assault them . if then the roman emperors were not the highest . soveraigne power in the roman state when paul writ this epistle , but the roman senate and state , as i have cleared : and if the parliament , not the king , be the supremest soveraigne power in our realme , as i have abundantly manifested ; then this objected text ( so much insisted on by our opposites ) could no wayes extend to the roman senate , state , or our english parliament , who are the very higher powers themselves , and proves most fatall and destructive to their cause of any other , even by their owne argument , which i shall thus doubly discharge upon them . first , that power which is the highest and most soveraigne authority in any state or kingdome by the apostles and our antagonists owne doctrine , even in point of conscience , neither may , nor ought in what case soever ( say our opposites ) to be forcibly resisted , either in their persons , ordinances , commands , instruments , offices , or armed souldiers , by any inferiour powers , persons or subjects whatsoever , especially when their proceedings are just and legall , under paine of temporall and eternall condemnation . but the senate among the romans , not the emperour ; and the parliament in england , not the king , really were and are the higher powers and most soveraigne authority . therefore by the apostles owne doctrine even in point of conscience , they neither may nor ought to be disobeyed or forcibly resisted in any case whatsoever , either in their persons , ordinances , commands , instruments , officers , or armed souldiers , by the king himselfe , his counsellors , armies , cavaliers , or by any inferiour powers , persons , or subjects whatsoever , especially when their proceedings are just and legall , ( as hitherto they have beene ) under paine of temporall and eternall condemnation . i hope the doctor and his camerads will now beshrew themselves that ever they medled with this text , and made such a halter to strangle their owne treacherous cause , and those who have taken up armes in its defence . secondly , that power which is simply highest and supreame in any state , may lawfully with good conscience take up armes to resist or suppresse any other power , that shall take up armes to subvert religion , lawes , liberties , the republike , or the ju●t rights and priviledges of the subject , or of this higher power . this is our opposites owne argumentation . therefore the parliament being in verity the highest supreame power in our state , may lawfully with good conscience take up armes to resist or suppresse his majesties malignant , popish forces , or any other power which already hath , or hereafter shall be raised to subvert religion , lawes , liberties , the republike , just rights and priviledges of parliament , or the subjects ; and every man with safe conscience may chearefully serve in such a warre , upon the parliaments encouragement or command , without guilt of treason , or rebellion either in law or conscience . for the third question ; whether tyrants or unjust oppressing magistrates , as they are such , be within the intendment of this text , and not to be resisted in any case ? i have fully cleared this before from the occasion , scope and arguments used in this chapter ; that they are not within the compasse of this text ; as they are such , and may be resisted in their tyranny and oppressions notwiths●anding this inhibition ; i shall not repeat , but onely fortifie this position with some new reasons and authorities . first then , that which is not the ordinance of god , but rather of the devill , and the me●re sinne and enormity of the governour himselfe , not of the government , is not within the intention of this text , and may lawfully bee resisted without any violation of it . but tyrants and unjust oppressing magistrates as they are such , are n not gods ordinance , but rather the devills ▪ and their tyranny and oppression is onely the sinne and enormity of the governours themselves , not of the government ; a truth granted by all men : therefore they are not within the compasse of this text , and may lawfully be resisted without any violation of it . secondly , that which is no point of the magistrates lawfull power ordained of god , but diametrally repugnant to it , cannot be within the meaning of this text , and may lawfully be resisted ; but the tyranny , oppression , rapine , and violence of lawlesse kings and magistrates are such , as all must and doe acknowledge . ergo , they are not within the verge and compasse of this text , and may lawfully bee resisted . thirdly , all powers intended in the text , are not only ordained , but ordered of god , that is , ( as o paraeus with others observe ) they are circumscribed & bounded with certain rules or lawes of justice and honesty , within which they must containe themselves , else they exorbitate from gods ordinance when they passe beyond these limits , and become none of gods ; this the greeke word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , ( which arias montanus and others render , ordinatae , and the margin of our english bibles , are ordered of god ; ) doth sufficiently warrant being coupled with the subsequent limitations ; for rulers are not a terrour to good workes , but to evill , &c. they are gods ministers attending continually on this very thing . now the tyranny and oppression of kings and other rulers , are meere exorbitances , arbitrary illegall actions , exceeding the bounds of justice and honesty prescribed by the lawes of god and men . therefore not within the limits of this text , and resistible . fourthly , it is generally accorded by all commentators , that though the lawfull power of princes or other magistrates degenerating unto tyrants , be of god , and not to be resisted ; yet the tyranny it selfe , and abuse of this power is of satan , not of god , and the vice of the persons onely , not of the power it selfe ; whence they conclude , that tyrants are not within the meaning of this scripture . so origen , paraeus , willet , with m●●t others on this text ; and zuinglius most expresly explanatio artic. . tom. . f. . . where he complaines , that many tyrants , cheate , steale , rob , slay , plunder , and attempt any thing against their subjects to oppresse them ; assuming a pretext and vayle of their ma●ice from this text of paul. yea dominicus soto , cajetan , pererius , and other popish commentators on this place observe ; that paul addes this epithet , of higher or excelling powers ( omitted by him in other parallel texts ) of purpose to exclude tyrants , who are no excelling lords , nor lawfull powers ; reigning oft times by gods permission for the peoples punishment ; not by his ordination for their good : and blame bucer for saying , that tyrants power is from god , as if he were the author of sinne and tyranny . this then fully answers that absurd errour of docto p ferne , wherein all his force is placed : that the powers in pauls dayes which he here prohibits to resist , were subverters of that which was good ; and the roman emperors tyrants : where he sottishly confounds the tyranny , lusts , and vices of the emperors persons , which were detestable , with their power it selfe , which was good and commendable ; as if the imperiall power it selfe was ill , because nero was ill , and was q therefore justly condemned to death by the roman senate , as a publike enemy to the roman state , though they approved and continued his just imperiall principality , which lasted in succession for many hundred yeares after his censure , death . to which i shall onely adde ; that though nero himselfe were a tyrant , yet the roman senate , and all their inferiour offices were not tyrants ; many of them , no doubt , being just and upright magistrates . the precept therefore being thus in the generall , and the plurall number , let every soule be subject unto the higher powers ; nor personall ; let them be subject to nero ; or speciall , to the roman emperour ( whom paul no doubt would have r specified , had he specially intended them , as our opposites fondly dreame ; ) we may safely conclude , that the apostle intended it onely of lawfull powers and magistrates , not of nero or other tyrants : and writ this to christians onely , to whom he dedicates this epistle , witnesse ch. . v. . to all that be at rome beloved of god , called to be saints , &c. not ●o pagan romans , as the doctor dreames , to whom he writes not ; much lesse to the roman senate , who were then the soveraigne power ; and therefore could bee subject to no other but themselves . precepts of obedience to children and servants , concerne not parents and matters as such , in point of submission or obedience . for the fourth quere : whether kings and kingdomes be gods ordinance ; or an institution iure divino , not a humane ordinance , instituted iure ●umano ? or , how farre divine or humane ? is a necessary considerable question grounded on this text ▪ and very needfull to be discussed to cleare the present controversie . some of our opposites are so intoxicated with the divinity of monarchy , as they confidently s determine ; hat the efficient cause of royall monarchicall power is onely god ; not the people . that kings receive no power or regall authority from the people , but from god alone ; that the power of kings is not a humane , but a divine power , of which god onely is the efficient cause . that the people doe not make the king , but god properly and absolutely ; this power , right and authority he hath from god. that the king hath no dominion and power from his subjects by way of trust , but from god , from whom he hath his kingdome and power , so ●hat by idolatry and oppression , he breakes not the trust reposed in him by hi● subjects , because the people have committed nothing to his charge , but god onely , &c. for proofe whereof they produce prov. . . by me kings reigne , dan. . . god removeth kings and setteth up kings , dan. . . . the most high ruleth in the kingdome of men , and giveth it to whomsoever he will ; and setteth up over it the basest of men , with hos. . . sam. . . ier. . , , . isay . , . and other texts . to this question distinctly , answer and dissipate these grosse erroneous paradoxes ; we must distinguish : first , betweene , government it selfe in generall , and kingly or other kindes of government , in speciall , ( as our opposites distinguish betweene , a sabbath , and the sabbath ; the first they say is morall and of divine institution , the later not . ) secondly , betweene the regall power of kings , the persons invested with this power , the manner of obtaining , and the administration of their power . thirdly , of gods manner of instituting and ordaining things ; which is two fold , immediately by himselfe , mediately by others . and these institutions of both kinds are either universall , extending to all places , nations ; or particular , concerning some countries , and nations onely , and not others ; perpetuall for ever , or temporall onely for some set time : immutable , not capable of the least alteration ; or mutable , and that either at the pleasure of god onely ; or at the will of men , when they shall see just cause , either in part or in whole . fourthly , in what severall senses things may be said to be of god. first , in respect of his owne immediate institution . secondly , of his generall or speciall commands . thirdly , of his generall or speciall disposing providence , without any speciall institution or command . fourthly , of his approbation of , assent unto , and blessing on the meere institutions of men . fiftly , of his permission onely . to apply these distinctions to the present occas●on . first , it is cleare , that power and government in generall are gods owne institution ; who as he hath appointed ( in the great fabricke of the world a t certaine constant forme of government and subordination of one creature to another ) so he hath for the good of mankinde , appointed that there should be some forme of government or other among men in the world ; which in respect of families hee hath specially and universally d●creed , u as that the wife should be subject to the husband , the children to the parents , the servants to their masters ; but in regard of commonweales , or nations , hee hath left it arbitrary and indefinite , leaving every nation and country free liberty to elect such a publike politike forme of government , as themselves should judge most expedient for their publike good , and that mutable ( since all humane things are so ) as they should see just occasion , not prescribing any sempiternall , immutable forme of government to any particular nations , regions , much lesse to all the world . secondly , government in generall being thus of god , but the kindes of it thus left arbitrary to mens institution and free election ; the particular governments instituted by any nation for the better regulating of their lives , the preservation of humane society , and advancement of gods glory , may be truely said in some sense to be of god , though instituted , invented by men . not because god himselfe did immediately ordain or prescribe them by speciall command to all , or any one people : or because god himself did immediately ordaine or prescribe them by speciall command to this , all , or any one people : but because hee by his generall or speciall providence did direct this nation to make choyse of such a government , or gave them wisedome to invent and settle it , as most commodious for their republike , till they should see cause to alter it : or because he blessed and approved it , when invented and received by them . thirdly , kingly powers , kingdomes , kings ( the things now in question ) are , and may be said to be of god , and ordained of god , in no other manner or sense , then all other particular governments or magistrates are . for this text of the romans , speaking onely of the higher powers , the powers that are , and of rulers ; as doth that place of titus . . and the text of prov. . , . ( so much relied on by the objectors ) extending as well to all subordinate rulers as kings ; witnesse the subsequent words , by me kings reigne , and princes decree justice : by me princes rule and nobles , yea all the judges of the earth ; ( that is , all magistrates whatsoever ) it cannot but be yeelded ; that all and every lawfull kinde of government , all lawfull rulers and magistrates of what sort soever are of gods ordination , and his ordinance , as farre forth as monarchies are ; and what is truely affirmable of the one , is of the other too . these generalls thus premised as indubitable ; i say first of all : that monarchy or regall power is not of god , nor yet gods ordinance by way of immediate divine institution or speciall command from gods owne free motion , as our opposites affirme it . for first , god himself never immediately instituted a royall monarchicall government in any nation whatsoever , no not among his owne people ; whose government was at first y paternall and pa●riarchicall ; next aristocraticall ; then regall ; not by gods immediate institution and vol●●●ary designation ; but by the peoples earnest importunity , contrary 〈…〉 as is evident by sam. c. , and , and , and . hos. . . and the appendix . secondly , z all poli●icians , and historians grant , that the originall erection of all monarchies was either by the peoples free consent and ordination ; or by tyranny and usurpation ; or by conquest ; none by divine institution or speciall command from god : and it must needs be so , because most a kingdomes were primitively erected , either among pagan nations and states , who knew not god nor his word , or among christian states since speciall commands and revelations from heaven ceased : which if our opposites deny ; i shall desire them to instance in any one monarchy in the world , instituted immediately by god himselfe , or by speciall command from his owne free motion : till this be done , all their asseverations will be accounted fabulous . thirdly , if regall power be gods ordinance by way of divine immediate institution and command ; then this institution of regall monarchy , with the severall prerogatives , and boundaries of it , would appeare in some text of scripture , and this government would be specially and perpetually prescribed either to all , or some particular nations by god himselfe . but this institution , with the generall prerogatives and bounds of regall authority , are no where extant in scripture , neither this forme of government therein prescribed , but left arbitrary to all or any nation in particular , for ought any man can demonstrate . those texts which concerne the kings of the israelites in point of soveraignty , and prerogative , being judiciall onely , and peculiar to that nation , nor morall , or extending unto others . therefore it is not gods ordinance by way of divine immediate institution , or command . fourthly , if it were of divine ordination in this sense ; then the regall power and authority of all kings and monarchs in the world should bee equall , yea the very same ; and there should be no different kinde of kings ; as the divine authority of all ministers ( being of gods owne institution by one and the same commission ) is one and the same : but the regall power and jurisdiction of all kings and monarchies in the world is not equall nor the same ; for some have farre greater authority then others ; there are many different sorts of kings in the world , some onely annuall , ●thers for life , others hereditary , others at will , deposible at the peoples pleasures when ever they offended , ( such were the kings of the b vandalls in africk , of the c gothes in spaine ; cum ipsos deponerent populi quoties displicuissent : such the kings of the heruli ( procopius , gothieorum ) of the lombards , paulus warnafredi , l. . & . of the burgundians , ammianus , . lib. . of the moldavians , laonichus chalcocandylas ; the king of agadis among the africans , ioannis leo , lib. . of the quadi and iazyges ( in excerptis dionis ) with sundry others hereafter mentioned . ) some elective , others successive , some conditionall , others absolute , as i have plentifully mentioned in the appendix . therefore they are not of divine ordination in the objectors sense . fiftly , if kings were of divine ordination in this sense , then their kingdomes and people upon their elections , institutions and coronations could not justly prescribe any conditions , oathes or covenants to them , upon promise of performance whereof they onely accept of them to be their kings , refusing else to admit them to reigne over them ; and such conditions , oathes , covenants , would be meere nullities , since men have no power at all to detract from gods owne divine institutions , or to annex any conditions or restrictions to them . but our antagonists themselves dare not averre , that kingdomes and nations upon their kings coronations , institutions and elections may not lawfully prescribe conditions , oathes , and limitations to them , upon promise of performance whereof they onely submitted to them as their soveraignes , it being the received practise of our owne , of all or most other kingdomes whatsoever , e especially elective ones , and confirmed by divine authority , chron. . . to . therefore they are not of divine institution in the objected sense . sixthly , all f lawyers and most orthodox divines determine , that kings have no other just or lawfull royall authority , but that which the lawes and customes of their kingdomes allot them , and that the law onely makes them kings , from which if they exorbitate they become tyrants and cease to be kings . their royall authority therefore is of humane institution properly , not divine ; from their people , who both elect , constitute them kings , and give them all their regall authority by humane lawes enacted , not from god as the onely efficient cau●e . seventhly , all kingdomes , monarchies , policies , are mutable and variable in themselves , while they continue such ; yea , temporary and alterable into other formes of government by publicke consent , if there be just cause ; without any immediate command or alteration made by god himselfe , or his divine authority : there being no positive law of god confining any nation , ( whose humane earthly condition is still variable ) to a monarchicall or any other constant forme of government only , much lesse for perpetuity without variation . therefore , they are not of divine institution in this sense . eightly , st. peter expressely defines kings and monarchies , in respect of their institution , to be humane creatures , or institutions , pet. . . submit your selves to every ordinance of man for the lords sake ; whet●er it be to the king , as supreame , &c. and they are common to pagans who know not god , as well as to christians . therefore , they are not simply divine , but humane ordinances . ninethly , our antigonists will yeeld , that other formes of government , whether aristocraticall , oligarchicall , democraticall , or mixt of all three , are not absolutely and immediately of divine institution ; nor yet dukes , principalities , with other inferior rulers , though the apostle in this text makes them all equally gods ordinance , and divine . therefore monarchy , kings and kingdomes are not so . tenthly , the very text it selfe seemes to intimate , that royalties and higher powers are not of god , by way of originall or immediate institution● , or command : for the apostle saith not ; that all powers whatsoever were originally instituted and ordained by god himselfe ; but , there is no power but of god ; the powers that be , are ( not were at first ) ordained ( or rather , ordered ) of god : that is ; where powers and governments are once erected by men , through gods generall or speciall providence , there god approves and orders them for the good of men . . if monarchies , and kings themselves be not of divine institution , and gods ordinance in the former sense , as is most apparent : & aristotle , plato , all politicians grant ; then they are so onely in some other sense , in what i shall truely informe you . first , they are of god , and his ordinance , by way of imitation , as derived from gods owne forme of government , which is monarchicall ; whence he is called , g the only god , god alone , h the king of kings , and lord of lords . secondly , by way of approbation ; he i approves and allowes this kinde of government where it is re●●ived , as well as other formes . thirdly , by way of direction , he gives divers generall k rules and directions to kings ( and to other rulers and magistrates also as well as them ) in his sacred word how they ought to demeane themselves , towards him and their subjects ; and likewise l to subjects , how they should carry themselves towards their kings ; and all other rulers and governours temporall or spirituall : in which sense they may be properly said , to be ordered and ordained too , of god. fourthly , by way of speciall providence and incitation ; god excites and moves some people to make choyce of kings , and monarchicall formes of government , rather than others ; and to elect one man or family to that dignity rather than others , yea his providence mightily rules and swayes in the changes , the elections , actions , counsels , affaires of monarchies , kingdomes , kings , states , to order them for his own glory , the kings , the subjects good or ill , in wayes of justice or mercy ; as is evident by dan. . . c. . . . hos. . . ier. . , , . isa. . , , . c. . . to . psal. . . psal. . , . iob . . to . dan. . . . the genuine d●ift of all these texts . fifthly , kings may be said to be of god and his ordinance , because they , ( and so all other rulers , judges , magistrates as well as they , in respect of their representation and the true end of government ) are said to be gods ; to be gods ministers and vicegerents ; to sit upon gods throne , and ought to reigne , to judge for god , and to rule gods people according to gods word , with such justice , equity , integrity as god himselfe would governe them . exod. . . chron. . . rom. . , . sam. . . psal. . , , sam. . . prov. . , . psal. . . cor. . . isa. . . c. . . c. . . deut. . . sixthly , ill kings , and tyrants , may be said to be of god , by way of permission , and of ordination too , in reference to the peoples punishment , iob . . hos. . . sam. . . in these regards ( common to all other governours and lawfull governments , as well as kings and monarchies ) kings and kingly authority , are and may be said to be of god , and gods ordinance ; yet not immediately , or properly in the first acception , here refuted , but so as that still they are really the institutions and ordinances of men , of humane , not divine right , and authority . as for the objected scriptures to prove kings jure divino , as prov. . . by me kings reigne , &c. ergo , they are of immediate divine institution , and have all their authority from god , not from the people , and may in no case be resisted , censured , deposed , or put to death for any misdemeanours ; the consequences , thence inferred . i answer , first , that this text speakes onely of the promotion or reigne of kings ; m not of the erection and power of monarchies ; and so doe daniel . . . c. . . . c. . ● . . with the other objected scriptures . secondly , if it be meant of the rule of kings ; then true it is , that good kings reigne by gods direction , according to his word , executing justice , and judgement , 〈◊〉 he enjoynes them ; but then it is not true of wicked kings and tyrants , who though they reigne by gods providence or permission , yet they rule not by his word and will as he prescribesthem . thirdly , if it be meant of the meanes and manner of kings comming to their kingdomes , as i conceive it is , and the texts of daniel perswade : true it is : first , that some kings reigned and came to the crowne by gods immediate nomination and designation , as saul , david , solomon , ieroboam , iehu , and hazael did : but that all , or most did heretofore , or now doe so , especially in pagan kingdomes , is a notorious falshood . secondly , it is true , that most lawfull kings in hereditary or elective kingdomes , come to their crownes , and reigne ; though not by gods immediate nomination , yet by his ordinary or speciall providence , ( though it be untrue of vsurpers , and tyrants who come to reigne by treason , murther , or other unlawfull meanes ; and so by gods l permission onely , rather than his providence : and then the sense of the place is but this ; that kings receive their crownes , and reigne by gods generall , or more speciall providence : which i thinke is the full and proper sense of the place . in this sense c. plinius seeundus a heathen in his admirable panegyric to the emperour trajan , a pagan , rhetorizeth thus of him : quid enim praestabilius est , aut pulchrius munus deorum , quam castus & sanctus & diis simillimus princeps ? ac si adhuc dubium fuisset sorte casuque rectores terris , an aliquo numine darentur , principem tamen nostrum liqueret divinitus constitutum . non enim occulta potestate fatorum , sed ab iove ipso , coram ac palam repertus , electus est , &c. which * tertullian thus seconds , speaking even of the roman pagan emperours . inde est imperator , under & homo antequam imperator ; inde potestas ei , unde & spiritus : per deum tantus est : so irenaeus , cujus jussu homines nascuntur , hujus jussu & reges constituuntur . and diodorus siculus of the aegyptians ; existimant non sine divina quadam providentia , pervenisse ad summam de omnibus potestatem : so the m esses , hold this opinion , non obtingit cuiquam imperium sine dei cura speciali : so n vitigis , omnis provectus , maxime regius , ad divinitatis munera referendus est : and clemens o romanus , too . regem timeto , sciens domini esse electionem . which grotius de iure belli , l. . c. . sect. . confirmes with other authorities ; all concurring in this , that kings and emperours are such onely by the selfe-same providence of god , by which they were men before they were emperours ; which gives them no greater prerogative in respect of irresistibility in unjust exorbitant actions , then their being men , by the selfe-same providence of god , gave them before they were emperours , as tertullians words most clearely prove . but what priviledge this alone should yeeld to kings , more than to any other magistrates , men or beasts , for my part i cannot yet discerne . for doth not the same text say of nobles , princes , judges , as well as of kings , prov. . , . by me princes ( put as contradistinct to kings ) decree justice ; by me princes rule and nobles , yea all judges of the earth ? doth not david say of all kinde of promotions whatsoever , psal. . , . the lord raiseth the poore out of the dust , and lifteth the needy out of the dunghill ; that he may set him with princes , even with the princes of his people ? and psal. . , . promotion commeth neither from the east , nor from the south ; but god is the iudge ; he putteth downe one and setteth up another ? nay , doth not christ informe us p that the very haires of our head are all numbred ? that two sparrowes are sold for a farthing , and yet one of them shall not fall on the ground without our fathers providence ? yea doth not every man , yea every bird , beast , fish , raven , and living creature whatsoever , ( as the scripture q expressely resolves ) receive , enjoy their lives , honours , offices , estates , food , rayment , being , preservation , by gods generall and speciall providence , as well as kings their crownes , honours , lives , estates ? and is not the providence , yea are not the very o angels of god , who are all ministring spirits , sent forth to minister to them who shal be heirs of salvation , as vigtiant ●ver every pious christian ( though never so mean & despicable ) as over the greatest monarch in the world ? if so , as all men must necessarily acknowledge ( there being p no r●spect at all of persons with god , who accepts not the persons of princes , regards the rich no more th●n the poor , for they are all the work of his hands ) then kings reigning by the providence of god , can of itself no more ●xemp● them from resistance ▪ censures , deprivations , for their dete●table publike crimes , then it exempts any other nobles , princes , iudges , mag●strates , christians , or the mean●st subiects whatsoever ; which i shall make good by one more unanswerable demonstration . there is not one of our antagonists but will acknowledge , that prie sunder the law , and all ministers under the gospell , if rightly qualified , are made such not only by gods speciall p●ovidence , but likewise by divine institution from god himself ; nay , tollet , q willet , and many others on this very text of the romanes , make a difference between the civill and ecclesiasticall regiment and power : for the first ( say they ) is so from god , that yet the institution thereof may be devised and altered by man , and therefore peter calls it , the ordinance of man ; but the spirituall power is immediatelly instituted by god , and no wayes alterable or determinable by man : and therefore the apostle saith ephes. . . he gave some to be apostles , some prophets , some evangelists , &c. so that by their determination , ministers are more gods ordinance , and more jure divino , then kings ; yea but few years since they all professed themselves to be as much , if not more , gods anointed then kings ; and some of our * archest prelates made publike challenges in ●he open court , that if they could not prove their lordly episcopacy to be iure divino , they would presently burn their rochets , and lay down their bishopricks ; though they never made good their promises : & to doubt , whether the pope and his supreme authoritie be iure divino by christs own immediate institution , deserves a fagot in the roman church : yet not withstanding all this divine right and institution , our opposites will grant , that if popes , archbishops , bishops , priests , r ministers preach false hereticall doctrines , oppresse , wound , slay , rob , plunder the people committed by god to their cures ; or attempt with force to subvert r●ligion , laws , liberties ; or commit any capitall offences , they may not onely with safe conscience be resisted , repulsed by their people , but likewise apprehended , arraigned , deprived , condemned , executed , by lay iudges , as infinite examples in our hi●●ories manifest , and the ●xample of abiathar the high priest , kings . , . and if so , then why not kings as well as they , or other temporall m●gist●ates , not withstanding any of the objected texts ? either therefore our oppo●ites must grant all bishops , priests , ministers , yea , all o●her magistrates whatsoever , as irresistible , uncensurable , undeprivable , uncondemnable , for any crimes whatsoever , as they say kings are , which they dare not do ; or else make kings as resistible , censurable , deprivable , and lyable to all kindes of punishments , ( by their whole kingdoms consent in parliament ) as far forth as they , notwithstanding all the former objections , which quite subverts their cause . thirdly , kings and kingdoms are not so gods ordinance , as that they should be universall over all the world , and no other government admitted ; or so , as any one nation whatsoever should be eternally tyed to a monarchicall government , without any power to alter it into an aristocracy , or other form , upon any occasion ; or so a● unalterably to continue the soveraign power in one family alone , as not to be able to transfer it to another , when the whole state shall see just cause : hereditary kingdoms being but offices of publike trust for the peoples good and safety , as well as elective ; most of them were elective at first , and * made hereditary onely either by violent usurpation , or the peoples voluntary assents and insti●tution , and not by any immediate divine authority , and so alterable by their joynt assents , as s zuinglius , t buchanon , v mariana observe , and the histories of most kingdoms , the experience of all ages evidence . which truths being generally confess●d by all x polititians , historians , statists ; by many judicious divines , contradicted by no one text of scripture that i have met with which our opposites have objected hitherto , they will finde all monarchies upon the matter , to be meer humane institutions , alterable still by that humane power which did at first erect them , and subordinate still thereto , as the creature to its creator ; and to be gods ordinance onely in regard of speciall providence , and the like , a● other inferiour magistrates , rulers are , who may be justly resisted , altered , removed , censured , notwithstanding the objected text. from which whiles some men earnestly presse , that every soul by gods own ordinance , ought to be subject to some publik● civill power , ( which y others saf●ly deny , since the patria●ks , the first families of most nations and countries were not so , and all nations , all people before setled publi●e governments , were erected , which in many places are not very ancient ; since those whose parents are dead , and are not by them sub●ected to a government , are naturally free ; and none bound to part with their freedom to any other , unlesse they see a necessitie , a great advantage , and that upon such terms and conditions as they deem meet , ) they involve even kings and emperours themselves by gods own ordin●nce , in a subiection to a superiour earthly c●vill power , to wit , to their laws , parliaments , kingdoms , ( which i have proved paramount them , collectively considered ) according to the common proverbe z omne sub regno graviore regnumest ; and that of a solomon ( concerning oppressing kings and judge● ) he that is higher then the highest considers , and there be higher then they : and so make kings ●ot onely resistble by their whole kingdoms the supreme soveraign power , but likewise subiect to their realms superiour commands , and uncapable to resist their lawfull power and forces even in point of conscience , by vertue of this very text. and so much for the fourth question . for the fifth and last , b what kinde of resistance of the higher powers is here prohibited ? i answer briefly , that resistance is here forbidden , which is con●rary to subiection or obedience , as the words , let every soul be subject to the higher powers , coupled with the ensuing reason , whosoever therefore resisteth ( that is , disobeyeth , or is not subiect to ) the power , resisteth the ordinance of god ; and they that resist shall receive to themselvs damnation . in the greek there are two distinct words used , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , & 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , the latine , english , french , dutch use them both as one , without distinction : the first word signifies properly disordered , counter-ordered , on ordered against , ( as paraeus , willet , and others observe ) and it is thus used by the apostle , thess. . , , ; or disobedient . tim. . . the later word signifieth properly to resist , withstand , or oppose ; in which sence it is used , matth. . . luk● . , . act. . . rom. . . gal. . . tim. . . hebr. . . iam. . . chap. . . . pet. . . and applied indiffer●●tly both to a spirituall , corporall , and verball resistance of the holy ghost , the devill , or men : since ▪ then the apostle in this text useth the hebrew phrase soul , not man , let every soul be subject to the high●r powers : because ( as haymo , tollet , willet , soto , and most other interpreters observe ) we c ought willingly and cheerfully to submit to the higher powers , not only with our bodies , but soules and spirits too : i may hence cleerly inferre , that the resistance of the higher power here prohibited as contrary to this subjection , is not only that which is corporall and violent by force of armes , as the objectors glosse it ; but that likewise which is verball , mentall , spirituall in the soule it selfe without the body , and no more then a meer passive resistance , or not obeying : for not to doe what the higher powers enjoyn , is in verity actually to resist , to withstand them ; as not to doe the will , not to yeeld obedience to the motions , dictates of the holy ghost or devill is really to resist them , even in scripture phrase : yea , corporall resistance or opposition by way of force is only an higher degree of resistance , but not the onely or proper resistance here prohibited , which relates principally to the soule and spirit . for as corporall forced obedience against a mans will which still holds d out , is no true obedience in the esteem of god or men : and as the very essence , life of all outward obedience consisteth e principally in the cheerfull submission or activity of the soule or will : so a forced corporall resistance against the mind or conscience , is in a manner no resistance ; and the very malignity , quintessence of all inward or outward resistance , disobedience , rests only in the mind , soule , will ; and is here principally forbidden , as is evident by the . verse ; wherefore ye must needs be subject , not onely for wrath ( which relates only to the body , which mens wrath can only harm in case of disobedience , mat. . . ) but also for conscience sake , which principally , if not wholly relates unto the soule , of which the conscience is a chief-overruling part . this then being altogether irrefragable , gives our antagonists , with dr. fern , an etern all overthrow , and unavoidably demonstrates the resistance of the higher powers here prescribed , to be only of iust lawfull powers in their l●st commands or punishments ▪ which we must neither corporally , verbally , nor so much as mentally resist , but readily submit too with our very soules , as well as bodies : not of tyrants or ungodly rulers uniust oppressions , forces , proceedings to subvert religion , lawes , liberties , which all our opposites , all divines whatsoever grant , we are bound in conscience passively to resist , and disobey ; yea , with our tongues to g reprehend , and our souls and spirits to oppose , detest , abhorre , hate in the very highest degree of opposition , notwithstanding this inhibition : and therefore by like reason are no wayes prohibited , but authorized by it , even forcibly to resist to our utmost power , have we meanes and opportunity so to doe , as the parliament now hath : that power and proc●edings which christians may lawfully with good conscience , yea and are bound to resist with all their souls , minds , tongues , they justly may and must likewise resist with all their corporall might and strength ; especially if they have good opportunity , publike encouragements , and meanes to do it , as deut. . . pet. . . iude . . phil. . , . cor. . . compared together , and with the premised scriptures , fully evidence . but christians may lawfully with good conscience , yea must resist with all their souls , minds , tongues , the fore-named violent proceedings of kings , oppressors , ill counsellors and cavaleers , and no wayes submit unto them with their souls , minds , tongues , lest thereby they should approve and be partakers , with promoters of their execrable de●ignes ; therefore they may and must with safe conscience resist them with all their corporall might and strength , having now opportunity , a parliamentary publike command and sufficient meanes to execute it . and thus have i now at last not onely most clearly wrested this sword out of the hands of our great opposite goliahs , but likewise cut off their heads , and so routed all their forces with it , as i trust they shall never be able to make head againe . yet before i wholly take my leave of this text , to gratifie our prelaticall clergy , i shall for a parting blow adde this one observation more , that all our i popish clermen heretofore ( and many of them till this day ) notwithstanding the universality of this text , let every soule be subject to the higher powers , &c. not only pretended themselves to be of right exempted from the jurisdiction , censures , taxes of emperours , kings , and all civill magistrates , ( which priviledges some of our late prelates began to revive , as the late cases of mr. shervill , the maior of arundel , and some others evidence , censured for punishing drunken priests : ) but likewise held it lawfull to censure , excommunicate , depose even emperours and kings themselves , and interdict their kingdomes ; witnesse not only the k popes excommunications of many emperours and kings , by apparant usurpation and injury ; but of sundry prelates excomunications of their own soveraigns as of right , and putting them to open penances ; l as k. suintilla , sancho , ramir in spain , and others elswhere , of which you may read divers presidents in my appendix : the history of m st. ambrose his excommunicating the emperour theodosius for the bloody murther of those of thessalonica , is so commonly known , that i need not spend time to recite it , nor yet the n excommunications and censures of our king iohn , or henry the . and . suano king of denmark ( as saxo-grammaticus records ) was not onely sharply reprehended , but excommunicated in a most bold and solemn manner by one of his bishops for his uncleannesse , and murthering some eminent persons , of whom he was jealous , whiles they were at their devotions in the c●urch . o this bishop instead of meeting this king when he came to enter into the church , with accustomed veneration , clad in his pontisicalibus , with his crosier staffe ; kept him from entring so much as within the court thereof ; calling him not by the name of a king , which he suppressed , but a shedder of mans blood and not content to chide him , he fixed the point of his staffe in his brest , preferring the publike scandall of religion before private society , not being ignorant , that the offices of familiarity were one thing , the rights of priesthood another thing , that the wickednesses of lords as well as servants ought to be revenged , nor are noble-mens crimes to be more partially censured , then ignoble ones : and not content thus to repulse him , he added an execration therunto and denounced a sentence of damnation against him in his presence , so as he left it doubtfull , whether he repulsed him more valiantly with his hand , or voyce . hereupon the king considering this act to proceed from zeale and publike seve●ity against wickednesse , and being confounded with the blush of his guilty conscience , forbad any to resist his violence , and patiently underwent , heard both his repulse and reprehention ; after which , this king laying aside his royall robes , put on old course apparell , desiring rather to testifie his sorrow by the deformity of his habit , then his contempt by the splendor of it . and struck with so sad a sentence of the bishop , he would not indure to carry about the ornaments of royall magnificence ; but casting away the ensignes of regall majesty , he put on sack-cloth the badge of peni●ence ; putting off his power likewise together with his vestment , and of a sacrilegious tyrant , became a faithfull reverencer of holy things . for returning bare-foot to the church-porch , he cast himselfe prostrate in the entrance thereof , and humbly kissed the ground , suppressing , the griefe which is wont most sharply to be inflicted from contempt , with shamefac'●nesse and moderation , redeeming the fault of his bloody reigne with shame and penitence : after which confessing his fault , and craving pardon with teares of the bishop , he was absolved , and then putting on his royall robes , admitted into the church , and brought up to the altar , to the exceeding joy of the people , who applauding the kings humiliation and modesty ; plus poenitentia pium , quam imperio scelestum euasisse co●fessus : ; a memorable story of a zealous stout prelate , and of a penitent submissive wild prince : i shall only adde to this some few domestick presidents of our welch kings p teudur king of brecknock , for his periury and murther of elgistill , another king of that countrey , was solemnly excommunicated by gurcan the . bishop of landaffe and his clergy , in a synod assembled for this purpose , by uncovering the altars , casting the crosses and reliques on the ground , and depriving him of all christian communion , whereupon teudur unable to undergoe this malediction and rigorous iustice , with a contrite heart , and many teares powred forth , craved pardon of his crimes , and submitted himselfe to the penance imposed on him according to his quality and greatnesse . q king clotri slaying iuguallaun treacherously , contrary to his league and oath , berthgwin the . bishop of landaffe , hearing thereof , assembled a synod of his clergy at landaffe , and solemnly excommunicated the king with all his progeny and kingdom , by uncovering the altars , casting down the crosses on the earth , and depriving the countrey both of baptisme and the eucharist . whereupon the king unable to endure so great an excommunication , with great deiection submitted himselfe to the bishop , and leaving his kingdom , went on pilgrimage into forraign parts for a long space ; after which returning , by the intercession of king morcant , he obtained ab●olution from the bishop , to whose enioyned penance he submitted himself , conferring divers lands upon the church . and in another synod at landaffe under this bishop , king gurcan , for living incestuously with his mother-in-law was solemnly excommunicated in form aforesaid ; whereupon he craved pardon , resolved to put away his mother-in-law , promised satisfaction by k. ●udhail his intercessor ; upon which he was absolved , upon promise of amendment of life , with fasting , prayer and almes ; after which he bestowed divers lands on the church . r houell king of gleuissig , contrary to his oath & league , trecherously circumverring and slaying gallun , hereupon cerenhir the . bishop of landaffe , calling a synod , solemnly excommunicated him by laying all the crosses on the ground , overturning the bells , taking the reliques from the altar and casting them on the ground , depriving him of all christian communion , under which excommunication he remained almost a whole yeers space ; after which , this king came bare-foot to the bishop , imploring his absolution from this sentence with many teares , which he obtained after publke penance enoyned . not long after the same bishop and his clergy in another synod , for the like crime , in the self-same forme excommunicated ili sonne of conblus , till he came bare-footed with teares and prayed absolution ; which upon performance of enjoyned penance , promise of future reformation , with prayers , fasting , almes , and the setling of some lands on the church , was granted him by the bishop . so s loumarch son of cargnocaun , was in a full synod excommunicated by gulfrid the . bishop of this see , for violating the patrimony of the church ; and king brochuail , with his family convented before a syno●e , threatned excommunication , enjoyned penance and satisfaction by the synode , for some injuries offered to to ciueilliauc the two and twentieth bishop of landaffe . * mauric king of of glamorgan was excommunicated by ioseph the eigth and twentieth bishop of landaffe , for treach●rously putting out the eyes of etguin during the truce between them ; after which he was again publikely exc●mmunicated in a synode , for violating the sanctuarie of the church of landaffe , and hurting some of this bishops servants ; and not absolved till he made his submission , and did his penance , and gave some la●ds to the church for satisfaction of these offence . thus u calgucam king of morganauc , and his whole family were solemnly excommunicated by her●wald the nine and twentieth bishop of landaffe in a synod of all his clergy , onely because one of the kings followers being drunk , laid violent hands upon bathutis the bishops physitian and kinsman on christmas day , anno . whereupon all the crosses and reliques were cast to the ground , the bells overturned , the church doors stopped up with thorns , so as they continued without a pastor and divine service day and night for a long season , till the king ( though innocent ) submitted himself to the bishop ; and to obtain his absolution , gave hen●inguinna to him and his successors for ever , free from all secular and royall services , in the presence of all the clergie and people . so x richard the tenth bishop of bangor , excommunicated david ap lhewelin , prince of wales , for detaining his brother griffith prisoner , contrarie to his oath , repairing to him upon the bishops word for his safe return , who never left vexing him , till he had delivered him up to to the king of englands hands . many such presidents of prelates censuring and excommunicating their kings occur in storie , which for brevity i pretermit ; onely i shall inform you , that y iohn stratford archbishop of canterbury , in the . year of k. edw. , contesting with this king , and excommunicating divers of his followers , and all the infringers of the churches liberties , presumed to write thus unto his soveraign ; there are two things by which the world is principally governed , the sacred pontificall authority , and the royall power , of which the priesthood is by so much the more weighty , ponderous , and sublima , by how much they are to give an account of kings themselves at the divine audit : and therefore the kings majesty ought to know , that you ought to depend on their judgement , not they to be regulated according to your will. for who doubteth that the priests of christ are accounted the fathers and masters of kings , princes , and all faithfull christians ? is it not known to be a part of miserable madnesse , if the son should endeavour to subjugate the father , the servant the master to himself ? the canonicall authority of scriptures testifieth , that divers pontiffs have excommunicated , some of them kings , others emperours : and if you require somewhat in speciall of the persons of princes ; saint innocent smote the emperour archadius with the sword of excommunication , because he consented that saint john chrysostom should be violently expelled from his see. likewise saint ambrose archbishop of millain , for a fault which seemednot so hainous to other priests , excommunicated the emperour theodosius the great : from which sentence , having first given condigne satisfation , he afterwards deserved to be absolved ; and many such like examples may be alleaged , both more certain for time , and nearer for place . therefore no bishops whatsoever neither may nor ought to be punished by the secular power , if they chance to offend through humane frailtie : for it is the duty of a good and religious prince to honour the priests of god , and defend them with greatest reverence , inimitation of the pious prince of most happy memory , constantine , saying , when the cause of priests was brought before him , you cannot be iudged by any , to wit , of the secular judges , who are reserved to the iudgement of god alone ; according to the assertion of the apostle ( very ill applied ) saying , the spirituall man is iudged of no man , corinth . . . ( not mean of bishops or clergie-men , but saints alone , endued with gods spirit , not of judging in courts of iustice , but of discerning spirituall things , and their own spirituall estates , as the context resolves . ) thus and much more this prelate , who notwithstanding this text of the romanes , pleads an exemption of all bishops and priests from the kings secular power , by divine authority , and arrogates to priest and prelates , a iudiciary lawfull power over kings themselves , to excommunicate and censure them for their offences . and to descend to later times , even since the the reformation of religion here , iohn bridges dean of sarum , and bishop of oxfort , even in his book intituled , the supremacy of christian princes over all persons thorowout their dominions , in all causes so well ecclesiasticall as spirituall , printed at london , . p. . writes thus ; but who denies this ( m. saunders ) that a godly bishop may upon great and urgent occasion , if it shall be necessary to edifie gods church , and there be no other remedy , flee to this last censure of excommunication against a wicked king ? making it a thing not questionable by our prelates and clergie , that they may in such a case lawfully excommunicate the king himself : and doctor bilson bishop of winchester , in his true difference between christian subiection and unchristian rebellion , dedicated to queen elizabeth her self , printed at oxford , . part. . page . to . grants , that emperours , kings and princes , may in some cases be excommunicated and kept from the lords table by their bishops ; and grants , that with hereticks and apostates , be they princes or private men , no christian pastor nor people may communicate : neither finde i any bishop o● court doctor of the contrary opinion , but all of them readily subscribe hereto . if then not onely the ill counsellors and instruments of kings , but kings and emperours themselves , may thus not onely be lawfully , iustly resisted , but actually smitten and excommunicated by their bishops and clergy , with the spirituall sword , for their notorious crimes and wickednesses , notwithstanding this inhibition ; ( which * valentinian the emperour confessed ; and therefore desired , that such a bishop should be chosen and elected in millain after auxentius , as he himself might really and cordially submit to him and his reprehensions , since he must sometimes needserre as a man , as to the medicine of souls ; as he did to ambrose , when he was elected bishop there ; ) why they may not likewise be resisted by their laity in the precedent cases with the temporall sword , and subjected unto the censures of the whole kingdoms and parliaments , transce●ds my shallow apprehension to conceive , there being as great , if not greater , or the very self-same reason for the lawfulnesse of the one , as of the other . and till our opposites shall produce a substantiall difference between these cases , or disclaim this their practice and doctrine of the lawfulnesse of excommunicating kings and emperours , they must give me and others liberty to conceiye , they have quite lost and yeelded up the cause they now contend for , notwithstanding this chief text of roma●es . the ground of all their strength at first , but now of their ruine . the tenth x objection is this , that of pet. , , , , . submit your selves to every ordinance of man for the lords sake , whether it be to the king as svpreame , or unto governours , as unto them that are scut by him ( to wit , by god , not the king , as the distribution manifests , and rom. . , , , . ) for the punishment of evill doers , and for the praise of them that doe well , &c. feare god , honour the king ; wee must submit to kings and honour kings , who are the supream governours ; therefore we may in no case forcibly resist them or their officers , though they degenerate into tyrants . to which i answer ; that this is a meer inconsequent ; since the submission here injoyned is but to such kings , who are punishers of evill doers , and praisers of those that do well ; which the apostle makes the ground and motive to submission ; therefore this text extends not to tyrants and oppressors , who doe quite contrary . we must submit to kings when they rule well and justly , is all the apostle here affirms ; ergo wee must submit to , and not resist them in any their violent courses to subvert religion , lawes , liberties ; is meer non-sence both in law , divinity , and common reason . if any reply , as they doe , that the apostle , vers . , , . bids servants be subject to their masters with all feare , not onely to the good and gentle , but also to the froward : for this is thank-worthy , if a man for conscience towards god endure griefe suffering wrongfully , &c. ergo this is meant of evill magistrates and kings , as well as good . i answer . that the apostles speaks it onely of evill ●asters not kings ; of servants , not subjects ; there being a great difference between servants , apprentices , villaines , and free-borne subiects , as all men know , the one being under the arbitrary rule and government of their masters ; the other only under the just , setled , legall government of their princes , according to the lawes of the realme : s●condly , this is meant onely of private personall iniuries , and undue corrections of masters given to servants without iust cause , as vers . . for what glory is it , if when yee be bvffeted for your faults , &c. intimates : not of publike iniuries and oppressions of magistrates , which indanger the whole church and state. a christian servant or subiect must patiently endure private * undue corrections of a froward master or king : ergo whole kingdomes and parliaments , must patiently without resistance suffer their kings and evill instruments to subvert religion , lawes , liberties , realms , ( the proper deduction ●een ) is but a ridiculous conclusion . secondly , this text enjoynes no more subjection to kings , then to any other magistrates ; as the words : submit your selves to every ordinance of man ; or unto governors , &c. prove past all contradiction ; and vers which bids us , honour the king ; bids 〈◊〉 first in direct tearmes , honovr all men ; to wit , all magistrates at least , if not all men in generall , as such : there is then no speciall prerogative of irresistability given to kings by this text in injurious violent courses , more then there is to any other magistrate or person whatsoever ; god giving no man any authority to injure others without resistance , especially if they assault their persons or ●nvade their estates to ruine them : since then inferiour officers , and other men may be forc●bly resisted when they actually attempt by force to ruine religion , lawes , liberties , the republike , a● i haue proved , and our antagonists must grant ; by the self-same reason kings may be resisted too , notwithstanding any thing in this text , which attributes no more irresistability or authority to kings , then unto other magistrates . thirdly , kings are here expresly called ; an ordinance of man , not god ; as i have formerly proved them to be . if so ; i then appeal to the consciences of our fiercest antagonists , whether they do beleeve in their consciences , or dare take their oathes upon it ; that ever any people or nation in the world , or our ancestors at first , did appoint any kings or governours over them , to subvert religion , laws , liberties ; or intend to give them such an unlimited uncontroulable soveraignty over them , as not to provide for their own safety , or not to take up arms against them , for the necessary defence of their laws , liberties , religion , persons , states , under pain of high treason , or eternall damnation , in case they should degenerate into tyrants , and undertake any such wicked destructive designe . if not ( as none can without madnesse and impudence averre the contrary , it being against all common sence and reason , that any man or nation should so absolutely , irresistably inslave themselves and their posterities to the very lusts and exorbitancies of tyrants , and such a thing as no man , no nation in their right sences , were they at this day to erect a most absolute monarchie , would condescend to ; ) then clearly the apostle here confirming onely the ordinances of men , and giving no kings nor rulers any other or greater power then men had formerly granted them ( for that h●d been to alter , not approve their humane ordinances ) i shall infallibly thence inferre ; that whole states , and subjects , may with safe conscience resist the unjust violence of their kings in the foresaid cases , because they never gave them any authority irresistably to act them , nor yet devested themselves ( much lesse their posterity whom they could not eternally inslave ) of the right , the power of resisting them in such cases ; whom they might justly resist before , whiles they were private men , and as to which illegall proceedings they continue private persons still , since they have no legall power given them by the people to authorize any such exorbitances . fourthly , the subjection here enjoyned , is not passive , but active , witnesse ver . . for so is the will of god , that by well doing ( to wit , by your actuall cheerfull submission to every ordinance of man for the lords sake , &c. ) you put to silence the ignorance of foolish men : as free , and not using your liberty , &c. if then this text be meant of active , not passive obedience ; then it can be intended onely of lawfull kings , of magistrates in their just commands , whom we must actually obey ; not of tyrants and oppressours in their unjust wicked proceedings , whom we are bound in such cases actually to disobey , as our antagonists grant , and i have largely evidenced elsewhere : wherefore , it directly commands resistance , not subjection in such cases ; since actuall disobedience to unjust commands , is actuall resisting of them . and that these texts prescribing resistance tacitely , should apparantly prohibit it under pain of treason , rebellion , damnation , is a paradox to me . fifthly , this text doth no way prove that false conceit of most , who hence conclude : that all kings are the supream powers , and above their parliaments , and whole kingdoms , even by divine institution : there is no such thing , nor shadow of it in the text. for first , this text calls kings , not a divine , but humane ordinance ; if then kings be the supreamest power , and above their parliaments , kingdoms , it is not by any divine right , but by humane ordination onely , as the text resolves . secondly , this text prescribes not any divine law to all or any particular states ; nor gives any other divine or civill authority to kings and magistrates in any state then what they had before ; for if it should give kings greater authority and prerogatives then their people at first allotted them , it should alter and invade the settled government of all states , contrary to the apostles scope , which was to leave them as they were , or should be settled by the peoples joynt consent : it doth not say , that all kings in all kingdoms are , or ought to be supreame ; or let them be so henceforth : no such inference appears therein . it speaks not what kings ought to be in point of power ; but onely takes them as they are , ( according to that of rom. . . the powers that are , &c. to wit , that are , even now every where in being , not which ought to be , or shall be ) whence he saith ; submit to the king as supreame : that is ; where by the ordinance of man the king is made supreame ; not , where kings are not the supreamest power ; as they were not among the a ancient lacedemonians , indians , carthaginians , gothes , aragonians , and in most other kingdoms , as i have b elsewhere proved : to argue therefore , we must submit to kings where the people have made them supreame ; ergo , all kings every where are and ought to be supreame iure divino ; ( as our antagonists hence inferre ) is a grosse absurdity . thirdly , this text doth not say , that the king is the supreame soveraigne power , as most mistake ; but supreame governour , as the next words ; or governours , &c. expound it ; and the very oath of supremacie , . eliz. cap. . which gives our kings this title , supreame governour within these his realms . now kings may be properly called supreame magistrates or governours in their realms , in respect of the actuall administration of government and justice , ( all magistrates deriving their commissions immediately from them , and doing justice , for , and under them : ) and yet not be the soveraign power , as the romane emperours , c the kings of sparta , arragon , and others ; the german emperours , the dukes of venice in that state , and the prince of orange in the nether-lands , were and are the supreame magistrates , governours ; but not the supreame soveraigne powers ; their whole states , senates , parliaments , being the supreamest powers , and above them ; which being courts of state , of justice , and a compound body of many members , not alwayes constantly sitting , may properly be stiled , the supreame courts and powers ; but not the supreame magistrate or governour : as the pope holds himself , the supreame head and governour of the militant church ; and the arch-bishop of canterbury stiles himself , the primate and metropolitane of all england ; and so other prelates in their provinces ; yet they are not the soveraigne ecclesiasticall power , for the king , at least generall councells or nationall synods ( which are not properly tearmed governours , but powers ) are paramount them , and may lawfully censure or depose them , as i have d elsewhere ) manifested . to argue therefore , that kings are the highest soveraign power , because they are the highest particular governours and magistrates in their realms , as our antagonists do ; is a meer fallacie , and inconsequent , since i have proved e our own , and most other kings , not to be the highest powers , though they be the supreamest governours . fourthly . this text speaks not at all of the romane emperour , neither is it meant of him , as doctour ferne , with others mistake ; who is never in scripture stiled a king , being a title extreamly odious to the romanes , and for ever banished their state with an f oath of execration , by an ancient law , in memory whereof they instituted a speciall annuall feast on the . of february , called , g regifugium ; the hatred of which title continued such , that tully h and augustine write ; regem romae posthac , nec dii nec homines esse patiantur : and i caesar himself being saluted king by the multitude , perceiving it was very distastfull to the states , answered , caesarem se , non regem esse : which title of caesar , ( not king ) the scripture ever useth to expresse the emperour by : witnesse matth. . , . mark . , , . luke . . chap. . , , . chap. . . john . , . acts . . chap . . chap. . , , , , . chap. . . chap. . . chap. . . phil. . . which texts do clearly manifest , that no title was ever used by the apostles , evangelists , jewes , to expresse the emperour by , but that of caesar , not this of king. therefore peters text , speaking onely of the king , not caesar , cannot be intended of the romane emperour , as ignorant doctors blindly fancie . fifthly , this epistle of peter ( the k apostle of the iews ) was written onely to the dispersed iews thorowout pontus , galatia , cappadocia , asia , and bythinia , pet. . . over whom herod at that time reigned as king , by the romane senates and emperours appointment , who had then conquered the iews , and made them a tributarie province , as is evident by matth. . , . mark . , , . luke . , , . chap. . . acts . . chap. . , , , , . chap. . . chap. . . to . compared together ; and by l iosep●us , the century writers , baronius , sigonius , and others . the king then here mentioned to be supreame , was herod , or king agrippa , or some other immediate m king of the iews , who was their supreame governour , not absolutely , but n under the romane senate and emperours , and made so by their appointment , whence called in the text ; an ordinance of man , not god : now this king of the jews ( as is evident by pauls appeal to caesar from festus and king agrippa , as to the soveraign tribunall ; acts . and . by iosephus , p●ilo iud●us de legatione ad caium , and the consent of all historians ) was not the absolute soveraigne power , but subordinate to the romane emperour and senate , o who both created , and bad power to controll , remove , and censure him for his misdemeanours ; yet peter calls him here supreame , because the highest governour under them , as we stile our kings p supreame governours under christ. therefore having a superiour governour and power over him , to which he was accountable and subordinate ; supreame in the text , cannot be meant , of a king absolutely supreame , having no power superiour to him , but god ; but onely relatively supreame , in respect of under . governours , there actually residing : whose supremacie being forcibly gained onely by conquest , not free consent ; ( and the ancient native * kings of the iews , being inferiour to their whole senates and congregations , and to do all by their advice , as iosephus antiq. iud. lib. . cap. . . sam. . , . jer. . . . chron. . . to . attest ) will no way advantage our opposites , nor advance the prerogative of kings ; since it extends onely to the king of the jews that then was , who was not simply supream , but a subject prince subordinate to the romane state and empire , and one appointed by a conquerour , not freely chosen and assented to by the people . so as all the argument which can hence be extracted for the absolute soveraigntie and irresistibility of kings over their whole kingdomes and parliaments , is but this . the king of the iews was in peters time the supreame magistrate over that nation , by the romane senates and emperours appointment , to whom yet he was subordinate and accountable ; the romanes having conquered the iewes by force , and imposing this government upon them , without their consents . therefore the kings of england , and all other kings are absolute soveraigne monarches , superiour to their whole parliaments and kingdomes , collectively considered ; and may not in point of conscience be forcibly resisted by them , though they endeavour to subvert religion , laws , liberties : how little coherence there is in this argument , the silliest childe may at first discern . from these scriptures , i descend to reasons deduced from them , against resistance , which i shall contract into three arguments : the first is this ; x kings are the fathers , x heads , lords , shepherds of the common-wealth ; ergo , they ought not to be resisted in any their exorbitant proceedings ; it being unlawfull , unseemly , ●or a son to resist his father ; the members the head ; the vassals their lord ; the flock their shepherd . to this i answer . : first , they are fathers , shepherds , lords , heads , onely in an improper , allegoricall , not genuine sence ; therefore nothing can thence be properly inferred : they are and ought to be such in respect of their y loving and carefull affection towards their subjects ; not in regard of their soveraigne power over them : therefore when their tyrannie makes them not such , in regard of care and affection to their people ; their people cease to be such , in regard of filiall , naturall , and sheep-like submission : when these shepherds turn z wolves ; these fathers , step-fathers ; the subjects , as to this , cease to be their sheep , their children , in point of obedience and submission . secondly , if we consider the common-weal and kingdom collectively ; kings are rather their kingdoms children then parents , because * created by them , their publike servants , ministers , for whose benefit they are imployed , and receive a wages ; not their soveraigne lords ; their subordinate heads , to be directed and advised by them , not tyrannically to over-rule them at their pleasure : therefore paramount , and able in such cases to resist them . thirdly , parishioners may , no doubt , lawfully resist the b false doctrin●s and open ass●ults of their ministers , though they be their spirituall shepherds : citizens the violent oppressions of their maiors , though they be their politique heads : servants the unjust ass●ults of their masters , though their lawfull lords ; ( who may c not misuse their very villaines , by law : ) and if parents will violently assault their naturall children , husbands their wives , masters their servants , to murther them without cause , they may d by law resist , repulse them with open force . fourthly , a son who is a judge , may lawfully resist , imprison , condemne his naturall father ; a servant , his lord ; a parishioner his pastour ; a citizen his major ; a meer gentleman , the greatest peer or lord , as experience proves ; because they do it in another capacity , as judges and ministers of publike justice , to which all are subject . the parliament then in this sence , as they are the representative body of the realm , not private subjects , ( and their armies by their authority ) may , as they are the highest soveraign power and judicature , resist the king and his forces , though he be their father , head , shepherd , lord , as they are private men . fifthly , this is but the common exploded argument of the popish clergy , to prove themselves superiour to kings , and exempt from all secular iurisdiction , because they are spirituall fathers , p●●stors , heads to kings ; who ought to obey , not judge , and censure them , as e archbish. stratford , and others argue . but this plea is no ways available to exempt clergy men from secular jurisdiction ; from actuall resistance of parties assaulted , nor yet from imprisonment , censures , and capitall executions by kings and civill magistrates , in case of capitall crimes ; therefore by like reason it can not exempt kings from the resistance , censures of their parliaments , kingdoms , in case of tyrannicall invasions . we deride this argument in papists as absurd , as in sufficient to prove the exemption of clergy men : i wonder therefore why it is now urged to as little purpose , against resistance of tyrants , and oppressing kings and magistrates . the second reason is this , f the invasions and oppressions of evill kings and tyrants , are afflictions and punishments inflicted on us by god : therefore we ought patiently to submit unto them , and not forcibly to resist them . i answer ; first , the invasions of forraign enemies are g just iudgements , and punishments sent upon men by god ; as were the invasions of the h danes , saxons and normans in england , heretofore ; of the spaniards since . ergo , we ought not to resist or fight against them . the present rebellion of the papists in ireland is a just punishment of god upon this kingdom and the protestant party there ; ergo , neither we , nor they ought in conscience to resist or take arms against them . every sicknesse that threatens or invades our bodies , is commonly an affliction and punishment sent by god : ergo , we must not endeavour to prevent or remove it by physick , but patiently lye under it without seeking remedy . injuries done us in our persons , estates , names , by wicked men , who assault , wound , rob , defame us , are from h god , and punishments for our sins : ergo , we may not resist them : yea , subjects rebellions , treasons , and insurrections , against their princes many times , are punishments inflicted on them by god , displeased with them , as the statute of ed. . c. . resolves , and the i scripture too : ergo , kings ought not to resist or suppresse them by force of arms ; if all these consequences be absurd , and idle , as every man will grant , the objection must be so likewise . i read , that in the * persecution of the hunnes , their king attila being demanded of by a religious bishop , of a certain citie ? who he was ? when he had answered ; i am attila , the scourge of god : the bishop reverencing the divine majesty in him ; answered , thou art welcome ô minister of god ; and ing●minating this saying , blessed be he that cometh in the name of the lord , opene● the church door , and let in the persecutor , by whom he obtained the crown of martyrdom , not daring to exclude the scourge of the lord ; knowing , that the beloved sonne is scourged , and that the power of the scourge it self is not from any , but god. will it hence follow ? that all christians are bound in conscience to do the like , and not to resist the barbarous turks , if they should invade them ▪ no more then this bishop did the bloudy pagan hunnes , because they are gods wrath ? i trow not . one swallow makes no summer ; nor this example , a generall president to ●inde all men . the third reason is thi● , saints forci●le resistance of tyrants , begets civill warres , great disorders , and k many mischiefs in the state : ergo , it is unlawfull , and inconvenient . i answer , first , that this doctrine of not resisting tyrants in any case , is farre more pernicious , destructive to the realm then the contrary ; because it deprives them of all humane means , and possibilities of preservation ; and denies them that speciall remedy which god and nature hath left them for their preservation : laws , denyall of subsidies , and such like remedies prescribed by doctor ferne , being no remoraes or restraints at all to armed tyrants ; wherefore i must tell thee doctor , theologorum utcunque dissertissimorum sententiae , in h●●c controversia non sunt multo faciendae , quia quid sit lex humana ipsi ignorant , as vasquius controvers . illustr . . . determines . secondly , the knowledge of a lawfull power in subjects to resist tyrants , will be a good means to keep princes from tyrannicall courses , for fear of strenuous resistance ; which if once taken away , there is no humane bridle left to stay the inundation of tyranny in princes or great officers ; and all weapons , bulwarks , walls , lawes , armes will be meerly uselesse to the subjects , if resistance be denyed them , when there is such cause . thirdly , resistance only in cases of publike necessity , though accompanied with civill warre ; serves alwayes to prevent farre greater mischiefs then warre it self can produce , it being the only antidote to prevent publike ruine , the readiest means to preserve endangered , to regaine , or settle lost liberties , laws , religion , as all ages witnesse ; and to * prevent all future seditions and oppressions . fourthly , desperate diseases , have alwayes desperate remedies , malo nod● , malus cuneus : when nothing but a defensive warre will preserve us from ruine and vassalage ; it is better to imbrace it , then hazard the losse of all , without redemption . ex duobus malis minimum . all kingdoms , states in cases of necessity , have ever had recourse to this as the lesser evill ; and why not ours as well as others . the last ( and strongest objection as some deem it ) is the sayings if some fathers backed with the examples of the primitive christians , to which no such satisfactory answer hath hitherto been given , as might be . the first and grandest objection against subjects forcible resistance , and defensive warre , is that speech of saint ambrose , lib. . orat. in auxentium . coactus repugnare non audeo : dolere potero , potero fler● , potero gemere : adversus arma , milites , gothos , lachrymae meae arma sunt : talia enim sunt munimenta sacerdotum : aliter nec debeo , nec possvm resistere . this chiefe authoritie , though it makes a great noise in the world , if ●olidly scanned , will prove but brutum fulmen ; a meer scar-crow and no more . for first , ambrose in this place speaks not at all of subjects resisting their princes , or christians forcible resisting of the persecuting romane emperours ; but of resisting valentin● , and the arms and souldiers of the gothes , who at that time l over ran italy , and sacked rome , being mortall enemies to the romans , the roman emperour● , saint ambrose , and millain where he was bishop . this is evident by the expresse objected words : i can griev● , i can weep , i can mourn , ( to wit for the wasting of my native country italy , by the invading enemies the gothes : ) against armes , souldiers , gothes ( marke it ) my tears are weapons , &c. if any sequell can be hence properly deduced , it must be that for which the m anabaptists use it ( from whence our opposites , who tax the parliaments forces for anabaptists , when themselves are here more truly such , and fight with this their weapon . ) that it is unlawfull for christians to fight , or make so much as a defensive warre against invading forraign barbarous enemies , of whom this father speaks : and then if the irish rebels , danes , spaniards , french , should now invade england , both against the kings and kingdoms wills , we must make no forcible resistance at all against them with arms in point of conscience , but onely use prayers and teares . this is the uttermost conclusion which can properly be hence deduced ; which our antagonists will confesse to be at least erronious , anabaptisticall , if not hereticall . secondly , you must consider who it was that used this speech ; ambrose , a minister , then bishop of millain ; who by reason of this his function being an ambassadour of peace ; had his hands bound from fighting with any other weapons , even against invading forraign enemies , but only with the sword of the spirit , prayers and tears : and that his calling only , was the ground of this his speech ; is infallible by the latter clause thereof , which our opposites cunningly conceale . prayers are my armes : for such are the defensive armour of priests ; otherwise i neither ovght nor can resist : why so ? because he was a minister , a bishop ; and paul prohibites such to be strikers , tit. . . tim. . . and because priests under the law did but blow the trumpets , and never went out armed to the warres , iosh. . upon which ground n divers councells , decretalls , canonists , expresly prohibit , and exempt priests and bishops , from bearing arms , or going to warre , though many of them have turned o great souldiers , and been slain in warres . hence anno , in a parliament held at bury , k. h. d. and ottobon the popes legat , demanded of all the bishops and clergy men , holding barronies or lay-fees , that they should go personally armed against the kings enemies , or finde so great service in the kings expedition , as appertained to so much lands and tenants . to which they answered , that they ought not to fight with the materiall sword ; ( no not against the kings enemies ) but with the spirituall ; to wit , with humble and devoute tears and prayers , ( using these words of ambrose : ) and that for their benefices they were bound to maintain peace , not warre . p hence our king q richard the first , taking the bishop of beauvoyes in france , his great enemy , armed from top to toe , prisoner in the field ; commanded him to be strictly kept in prison in his arms , and would by no means suffer him to put them off : for which hard usuage he complained to the pope , and procured his letter to king richard to free him from his arms and restraint ; in which letter , the pope sharply reproves the bishop for preferring the secular warfare before the spirituall , in that he had taken a speare insteed of a crosier ; an helmst in liew of a miter ; an habergion insteed of a white rochet ; a target in place of a stole ; an iron-sword , insteed of a spirituall sword . after which , the king sent his arms with this message to the pope : see whether this be thy sonnes coat or not ? which the pope beholding , answered : no by saint peter , it is neither the apparell of my sonnes , nor yet of my brethren , but rather the vesture of the sonnes of mars . and upon this ground r our bishops anciently , when members of parliament , departed the house when cases of treason or felony came in question , because they might not by the canons , have their hands in bloud . this then being ambrose his direct words and meaning , that he neither ought , nor could use any other weapons against the invading gothes , and their forces , but prayers and tears ; * because he was a minister , not a bishop , a lay-man ; the genvine argument that our opposites can thence extract , is but this . priests must use no other defensive arms , but prayers and tears , against invading forraign enemies . ergo , the priests and ministers in his majesties armies , who bear offensive arms , must now in conscience lay them down , and use no other resistance , but prayers and tears against the parliaments forces : where as their former inference against resistance : ergo , it is altogether unlawfull for the parliament , or any lay-subjects by their command , to defend religion , laws , liberties , against his majesties invading forces , who intend by force to subvert them ; is but ridiculous nonsence , which never once entred into this fathers thoughts , and can never be extorted from his words . ministers of the gospel must not use any arms , but prayers and tears to resist a forraigne enemy : ergo , none else may lawfully use them to withstand an invading adversary ; is a conclusion fitter for anabaptists then royallists , who may now with shame enough , for ever bid this authority adieu ; with which they have hitherto gulled the ignorant world : and henceforth turn it against the commission of array , enjoyning bishops , and clergy men , to array and arme themselves as well as other men , as the presidents cited in iudge cooke his argument against ship-money ; in the parliaments two declarations against the commission of array ; and in the answer published in the kings name , to the first of them , plentifully evidence . finally , hence i infer , that clergy men may , and must fight against their invading enemies with prayers , tears , the weapons which they may lawfully use as proper for their callings . ergo , lay-men may , and must resist , and fight against them with corporall arms , since they are as proper for them in cases of needfull defence , as these spirituall arms are for priests . the second authority is that of s nazienzen . oratio . . in julianum . repressus of iulianus christianorum lachrymis , quas mult as multi profuderunt . hoc vnum or solum ( as grotius translates it ) adversus persecutionem medicamentum habentes : to which i shall adde by way of supply this other passage . nos autem ; quibus nvlla alia arma , nec muri , nec praesidia , praeter spem in deum , reliqua erant : vtpote omni hvmano svbsidio prorsvs destitvtis et spoliatis , quem tandem alium aut precum auditorem , aut inimicorum depulsor●m habituri eramus , q●am deum iacob , qui adversus superbiam jurat . from whence they conclude , that christians must use no other weapons but prayers and tears , against tyrants and oppressors . to which i answer . first , that it is cleare by this , that christians may use prayers and teares against tyrants and oppressors . secondly , that these are the most powerfull prevailing armes both to resist and conquer them . this the opposites readily grant . therefore by their own confession , christians both may and must resist tyrants by the most powerful & effectual means that are . tyrants therefore are not the higher powers , kings , rulers , which paul and peter in the fore-objected texts , enjoyne men under paine of damnation to be subject and obedient to for conscience sake , and no waies to resist ; since they may resist them with the powerfullest armes of all others , prayers and teares . thirdly , if they may be lawfully resisted with these most prevailing armes notwithstanding pauls & peters objected inhibitions , then à fortiori they may be with corporall , which are lesse noxious and prevalent ; he that may with most successeful meanes resist , vanquish , and overcome his tyrannizing oppressing soveraigne , may likewise doe it by the lesse noxious armes . if christians may repulse and subdue a tyrant with their prayers , teares , then why not with their swords ? doth god or the scripture make any such distinction , that we may and must resist them under paine of damnation , with these kind of weapons ; and shall it be no lesse then treason , rebellion , damnation to resist them with the other ? what difference is there in point of allegiance , loyalty , treason , conscience , to resist an oppressing tyrannizing prince and his forces with a praier , or with a sword ? with a teare , or with a speare ? are they not all one in substance ? by the statutes of h. . c. . e. . c. . e. . c. . eliz. c. . eliz. c. . words against the king delivered even in preaching , are made and declared to be high treaeson , as wel as bearing armes , and striking blowes ; yea , the statute of & ph. & ma. . . makes certaine prayers against this persecuting queen , high treason ; and by the statute of e. . c. . it is high treason for any man to compasse or imagin the death of the king , queen , prince , t as wel as to slay or leavy warre against them . if then we may , by the objectors confession , the practises and examples of the primitive christians , against iulian and others , fight with our tongues , prayers , teares , imaginations against our soveraignes , who turne tyrants and persecutors ; and thereby suppresse , conquer , confound them , of which none make scruple , though our statutes make it no lesse then high treason in some cases ; then questionlesse they may by the selfe same reason and ground , resist them with open force , notwithstanding any inhibition in scripture . we may not , must not resist any lawful king or magistrate in the just execution of his office , so mush as with a repugnant wil , thought , prayer , teare : we may , yea must resist an oppressing , persecuting tyrant with all these ; therefore with any other armes . meanes v hezekiah , david , moses , abijah , asa , resisted their invading enemies , and conquered them with their prayers ; but yet they provided to repulse and vanquish them with other externall armes . the christians resistance and vanquishing their emperour iulian with the one , is an infallible argument , they might doe it with the other too , there being no such distinction in the objected scriptures , that we may fight against and resist them with our prayers , teares , not armes . fourthly , this father saith not , that it was unlawful for the christians to use any other weapons but teares against iulian , the onely thing in question . no such ●yllable in the oration , but onely , that they had no other armes to resist and conquer him with , being utterly destitute and spoyled of all other humane helpe . therefore their want of other armes and helpe , * not the unlawfulnesse of using them , had they had them , was the onely ground they used prayers and teares , not a● me● . to argue then , those who are destitute of all armes , but prayers and teares , must use them onely : ergo those who have other armes besides prayers and teares , may not lawfully use them to resist a tyrant , is but scholastical nonsence ; yet this is the very uttermost this authority yeelds our opposites . in one word , this father informes us , that this apostate emperour x iulian , would not make open warre at first upon the christians , because this would altogether crosse the end he aimed at : ( marke the reason ) nos enim , si vis inferatur , acriores obstinatioresque futures , ac tyrannidi obnixum pietatis tuendae studium objecturos cogitavit . solent enim fortes & generosi animi , ei qui vim afferre parat contumaciter obsistere , non secus ac flamma , quae a vento excitatur , quo vehementius perflatur , eo vehementius accenditur . which argues , that the christians would have forcibly resisted him , had he at first with force invaded them ; therefore he weakened , subdued , disarmed them first by policy ; and then fell topersecute them with force , when they had no meanes of resistance left . the third authority is that of y bernard , epist. . to king lewis of france , quicquid vobis de regno vestro , de animâ & coronâ vestrâ facere placeat , nos ecclesiae filii , matris injurias , contemptum , & conculcationem omnino dissimulare non possumus . profecto stabimus et pugnabimus usque ad mortem ( si ita oportuerit ) pro matre nostrâ armis quibus licet , non scutis & gladiis , sed precibus et fletibus ad deum . therefore it is unlawfull for christians to resist with force of armes . i answer first , that bernard was both a monke and clergie-man , prohibited by scripture and ●undry canons to fight with military armes against any person or enemy whatsoever ; and he utters these words of himselfe , as he was a clergie-man , servant , and sonne of the church ; in the selfesame sence as saint ambrose did before . it was then onely his calling , not the cause which prohibited him forcibly to resist king lewis . secondly i answer , that this authority is so farre from prohibiting resistance of oppressing princes , endeavouring with force of armes to subvert liberties , lawes , religion ; that it is an unanswerable proofe for it , even in our present case : king lewis to whom bernard writes , had then raised a civil warre in his realme against theobald and others who desired peace ; which the king rejecting , bernard doth thus reprehend him in the premisses . verum vos nec verba pacis recipitis ; nec pactae vestra tenetis , nec sanis consiliis acquiescitis . sed nescio quo dei judicio , omnia vobis ita vertitis in perversum , ut probra honorem , honorem probra ducatis ; tuta timeatis , timenda contemnatis ; & quod olim sancto & glorioso regi david , ioab , legitur exprobrasse ; diligitis eos qui vos oderunt , & odio habetis qui vos diligere volunt . n●que enim qui vos instigant priorem iterare maliciam adversus non merentem , quaerunt in hoc honorem vestrum , sed suum commodum , imò nec suum commodum , sed diaboli voluntatem ; ut regis ( quod absit ) potentiam concepti fur●ris h●beant effectricem ; quem suis ●e posse adimple●e viribus non confidunt ; inimici coronae vestrae , regni manifestissimi perturbatores . ( our present case , in regard of the kings evil sedu●ing counsellors . ) then immediately followes the objected clause , at quicquid vobis , &c. after which he gives him this sharpe reproofe . non tacebo quod cum excommunicatis iterare faedus & societatem nunc satagis , quod in n●cem hominum , combustionem domorum , destructionem ecclesiarum , dispersionem pa●●perum raptoribus , predonibus ( sicut dicitur , adhaeretis ; juxta illud prophetae z si videbas furem curre●as cum eo , &c. quasi non satis per vo● mala facere valeatis . dico vobis , non erit diu inultum , si haec ita facere pergitis . &c. here this holy man prohibited by his orders to fight against this king , his soveraigne with his sword ; fights strongly against and resists his vio●ence with his penne. and although he may not use a sword and buckler in respect of his calling to defend his mother the church against him : yet he is so farre from yeelding obedience to and not resisting him , according to pauls and peters pretended injunctions , that he expresly tels him to his face , that he would stand and fight against him even unto death ( ●f there were need ) with such weapons as he ( being a monk and minister ) might use , to wit , with prayers and teares , though not with sword and buckler ; which were more prevalent with god against him then any other armes . so that he resists him in the very highest straine that may be ; and clearely admits , that lay-men who might lawfully use swords and bucklers , might with them justly defend the church in standing and fighting for it against him even to death , as well as he might doe it with prayers and teares , his proper armes : which answers that objection out of his . epistle , written to the same king ; and his epistle to co●rade king of roman ; where he subjects these kings to the pope , who● he adviseth them to obey ; and reprehends them for their misd●●eanours , notwithstanding that text of rom. which he there recites . the fourth authority , is the example of the primitive christians , who submitted themselves willingly to their persecuting emperours ; without resistance in word or deed . a for proofe whereof , severall passages are recited out of fathers , which i shal co●j●yne : the first is out of tertullian his apologeticus . quoties exim in christianos desaev●tis , partim ●nimis propriis , partim l●g●bus obseque●tes ? quoties etiam praeteritis à vobis suo jure nos inimicum vulgus invadit lapidibus & incendiis ? ipsis bacchanalium furiis , nec mortuis parcunt christianis , qu●● illos de requie sepultu●ae , de asylo quodam mortis , jam alios , jam nec totos avellant , dissecent , distrahant ? quid tamen de tam conspiratis unquam denotatis , de tam animatis ad mortem usque pro injuria repensatis ? quamvis vel unae nox pauculis f●culis largitatem ●ltionis posset operari , si malum malo dispu●gi , penes nos liceret . sed absit ut aut igni humano vindicetur divina secta ; aut doleat pati , in quo probatu● . si● e im in hostes exortos non tantum vindices occultos agere vellemus , de sset nobis vis numerorum & copiarum ? plures nimirum mauri & marcomanni , ipsique parthi , vel quantaecunque , unius tamen loci & suorum finium gentes , quàm totiùs orbis ? externi sumus & vestra omnia implevimus , urbes , insulas , castella , municipia , conciliabula , castra ipsa , tribus , decurias , palatium , senatum , forum , sola vobis relinquimus templa . cui bello non idonei , non prompti fuissemus , etiam impares copiis , qui tam libenter trucidamur ? si non apud istam disciplinam magis occidi liceret , quam occidere . potuimus & inerm●s , nec rebelies , sed tantummodo discordes solius divortii invidia adversus vos dimic●sse . si enim tanta vis hominum , in aliquem orbis remoti sinum abrupissemus â vobis , suffudisset utique damnationem vestram tot qualiumcunque amissio civium , imò etiam & ipsa institutione punisset : proculdubio expavissetis ad solitudinem vestram , ad silentium rerum , & stuporem quendam quasi mortui urbes quaesissetis quibus imperaretis . plures hostes , quàm cives vobis remanisissent , nunc enim pauciores hostes habetis prae multitudine christianorum , penè omnium civium . which s. cyprian ( tertullians imitator ) thus seconds , laedere dei & christi servos persecutionibus tuis desine , quos laesos ultio divina defendit . inde est enim quod nemo nostrum quando apprehenditur , reluctatur , nec se adversus injustam violentiam vestram quamvis nimius & copiosus noster sit populus , ulciscitur . patientes facit de secutura ultione securitas . innocentes nocentibus ce●unt . ●insontes poenis & cruciatibus acquiescunt , certi & fidentes , quod in ultum non remaneat , quodcunque perpetimur , quantoque major fuerit persecutionis injuria , c tantò & justior fiat & gravior pro persecutione vindicta . which lactantius thus trebles . confidimus enim majestati ejus qui tam contemptum sui possit vlcisci , quam servorum suorum labores & injurias . et ideo cum tam nefanda perpetimur , ne verbo quidem reluctamur , sed deo remittimuus ulti●●nes . d saint augustine relates the same in these words , neque tunc civitas christi quamvis ad huc peregrinaretur in terra , & haberet tam magnorum agmina populorum , adversus impios persecutores , pro temporali salute pugnavit , sed potius ut obtineret aeternam , non repugnavit : ligabantur , includebantur , caedebantur , torquebantur , urebantur , lani●bantur , cruciabantur , & multiplicabantur . non erat iis pro salute pugnare , nisi salutem pro salute contemnere . the summe of all these fathers sayings ( which i have largely cited , because i would conceale nothing that might be materially objected ) is this : that the christians in the primitive church , though they were many in number , and sufficiently able to defend themselves against their persecuters by force of armes , did yet refuse to doe it , yeelding themselves up to any tortures , punishments , deaths , without the least resistance in word or deed ; ergo , the parliament and kingdome ought now to make no resistance at all against the kings popish army and cavaliers , but to expose themselves to their cruelties and rapines , without the least resistance in word or deed . because this objection stickes most with many schollars , statists , and tender consciences , i shall endeavour to give a satisfactory answer to it , without any shifting evasions , or questioning the truth of tertullians , and cyprians assertions , concerning the multitude and strength of the christians , and their ability to resist , which some have taken e great paines to re●ute . first , then i say , that neither of all these fathers say , that the primitive christians held it unlawfull , muchlesse damnable , in point of conscience for them to resist their persecuting enemies , no such syllable in any of them . and tertullians , si non apud istam disciplinam magis occidi licet quam occidere , by way of necessary defence , implies no such thing , but rather proves the contrary , that resistance is lawfull , because it is lawfull to be slaine as a martyr ; therefore in this case to slay . so as there is nothing in these authorities in point of conscience to condemne the parliaments present resistance , and defensive warre , as unlawful . secondly , they all seeme to grant , that the christians deemed resistance even by force of armes to be lawfull for them , though they used it not ; no text of scripture prohibiting , but allowing it , and these fathers producing no one text which truly condemnes it ; this being the very summe of their words . that though the christians were exceeding many in number , of strength and power abundantly sufficient to defend themselves in a warlike manner against their persecuters , and had full liberty and no restraint upon them in point of conscience either to withstand their persecutors with armes , or to withdraw themselves from under the jurisdiction of their persecuters into remote parts , to the great weakning and losse of the state : yet such was their patience , innocency , and desire of martyrdome , that they resisted not their adversaries with force , nor retired , nor fled away from under their obedience , but cheerfully without the least resistance by word , deed , or thought , yeelded up their bodies , liberties , lives , to the cruelties of their enemies , to obtaine that crowne of martyrdome which they desired , and to offer up themselves a voluntary freewill oblation to the lord , who would certainly avenge all their wrongs . this is the sum of all these authorities , which evidence resistance lawfull in it selfe , and to these christians too in their owne judgements and resolutions , though the desire of martyrdome made them freely to forbeare it . these examples and authorities therefore abundantly corroborate , and no wayes impeach our cause . thirdly , their examples of not resisting persecuters , being rather voluntary , then enjoyned , out of a longing desire to be martyrs , and an assurance of divine vengeance to be executed on their persecuters , is no restraint nor ground at all for other christians , now not to use any forcible resistance , it being a grosse inconsequent to argue : the primitive christians voluntarily refused to defend themselves with force of armes against their persecuters , though they were not bound in point of conscience from such resistance , and had both liberty and power to resist . ergo , christians in point of conscience ought not to make any forcible resistance against oppressing lords and persecuters now : for then this their voluntary choice and election should deprive all following christians of that ability of defence which both themselves then had , and since enjoy by gods and natures law. yet this is all the argument which can be ingeniously framed from these authorities and examples ; the absurdity whereof i shall thus further illustrate from like precedents : we know , first , that f the primitive christians , out of a desire of martyrdome , not only refused to resist , but to flee away from their persecuters , when they might safely doe it ; some of them holding it unlawfull and dishonourable to flee in such a case ; by name tertullian , in his booke de fuga in persecutione . will our opposites from hence inferre : ergo , it is unlawfull for christians not onely to resist , but even to flee from their persecuters , or his majesties murdering , plundering forces ? or for them selves to flee , not onely from the parliaments forces , but justice too , as many of them have done , yea , made escapes against law to flee therefrom . if the christians not fleeing , binde neither them , nor us , not to flee now , why should their not resisting onely doe it ? secondly , g the primitive christians ran to the stake of martyrdome , when they were neither accused , cited , persecuted by any , freely confessing themselves christians , and rather desiring presently to die martyrs , then live christians , and reputing it worse then death not to be admitted to , or delaied the honour of being martyrs , of which we have infinite pre●idents in ecclesiasticall histories commonly known and over-tedious to recite . i shall onely instance in iulian the apostates h christian souldiers : who being over-reached by him under colour of a largesse , to throw some frankincense into a fire secretly kindled by the emperour in honour of an idol , they dreaming of no such thing , and doing it onely as a meere complementall ceremonie ; as soon as they heard how the emperour had over-reached them , and given out speeches that they had sacrificed to his idol , presently rising from the feast prepared for them , in a ●ury , infl●med with zeale and wrath , ran through the market place , and cried out openly , wee are christians , wee are christians in minde ; let all men heare it , and above all , god , to whom we both live and will also die . o christ our saviour , we have not broken our faith plighted to thee : if our hand hath any way offended , verily our minde followed it not at all ; we are circumvented by the emperours fraud with whose gold we are wounded . we have put off impiety , we are purged by blood . after which , posting speedily to the emperour , and casting away their gold , with a generous and strenuous minde they exclaimed against him in this manner . o emperour , we have not received gifts , but are damned with death . we are not called for our honour , but branded with ignominie . give this benefit to thy souldiers , kill and behead us unto christ , to whose empire onely we are subject . recompence fire for fire ; for those ashes reduce us into ashes . cut off the hands which we have wickedly stretched out ; the feet wherewith we have perniciously run together . give gold to others , who will not afterwards repent they have received it ; christ is enough , and more then sufficient unto us , whom we account in stead of all . the emperour enraged with this speech , refused to slay them openly , lest they should bee made martyrs , who as much as in them lay were martyrs ; but onely banished them , revenging this their contempt with that punishment . will it then follow from these memorable examples , that all true christians now in england and ireland must come thus and offer themselves voluntarily to the popish rebels and forces ( now in arms to extirpate the protestant religion in both kingdoms ) or that the members of both houses must go speedily to oxford to the king and h●s evill counsellors , and there let them kill , hang , burne , quarter , slay , execute , torture them , subvert religion , laws , liberties , parliaments , without the least resistance ? or will our opposites hence conclude ( as they may with better judgement and conscience d●e ) ergo , all such persons voted traitors and delinquents in any kinde by both houses of parliament , ought now in point of conscience ( to avoid the effusion of blood and ruine of the realm , through the civill warres they have occasioned ) to lay down their arms , and voluntarily resigne up themselves to the impartiall justice of the parliament , without any the least resistance for the future : if no such doctrinall , or practicall conclusions may be drawne from these their precedents of voluntary seeking and rendring themselves up to the martyrdome of their opposites ; then the unlawfulnesse of resisting cannot be inferred from this their non-resisting . thirdly , how many cowardly souldiers in all ages , and in this too , have volunta●ily yeelded up forts , castles , ships , armes , persons , to their invading approaching enemies without fight or resistance ? how many persons have resigned up their purses to high-way theeves , their lands to disseisors , their houses , goods to riotors , their ships , estates , persons , to turkish and other pirats , without any resist●nce , when they might have lawfully and easily preserved them by resisting ? will it therefore follow , that all others must do so ? that we must not fight against invading enemies , theeves , pirats riotors , beca●se many good christians out of fear or cowardise , or for other reasons have not done it in all ages ? i ●●ow not . will the jews refusi●g t●ree s or four severall times to defend themselves against their insulting enemies on their sabbath ; or the t gothes not resisting their invading foes on the lords day ; or will the alexandrian jewes example and sp●ech to flaccus , inermes sumus ut vides , & tamen sunt qui nos tanquam hostes public●s hic crimina●tur . etiam ●as quas ad nostri tutelam partes d●dit natura , retrò vertimus ubi nihil habent quod agant , corpora praeb●mus nuda & patentia ad impetum eorum qui nos volunt occid re . or that example of the christian x theban legion , slain without the least resistance for their religion : who as an ancient martyriologer saith , caed bantur passim g●adi is non reclamantes , sed & d●positis armis cervices persecutoribus vel intectum corpus offerentes : warrant this deduction . ergo , no christians now must resist their invading enemies on the sabbath day , but must offer their naked bodi●s heads , throats , unto their swords and violence ? if not , then these examples and autho●ities will no wayes prejudice our present resistance . fourthly , the christians not onely refused to resist their oppressing emperours and magistrates , who proceeded judicially by a kinde of law against them , but even the vulgar people , who assaulted , stoned , slew them in the streets against law , as tertullians words , quoties enim praeterit is à vobis suo jure nos inimicum vulgus invadit lapidibus & incendiis , &c. manifest without all contradiction ; and indeed this passage so much insisted on , relates principally , if not onely to such assaults of the rude notorious vulgar , which every man will grant the christians might lawfully with good conscience forcibly resist , because they were no magistrates nor lawfull higher powers within rom. . . . or pet. . , . either then our antagonist must grant , that it is unlawfull in point of conscience forcibly to resist the unlawfull assaults and violence of the vulgar or private persons who are no magistrates : and that it is unlawfull now for any christians to resist theeves , pirats , or beare defensive armes , as the y anabaptists ( from whose quiver our antagonists have borrowed this and all other shafts against the present defensive warre ) and to make the primitive christians all anabaptists in this particular : or else inevitably grant resistance lawfull , notwithanding their examples and these passages of not resisting . the rather , because tertullian in the next preceding words , puts no difference at all between the emperour and meanest subjects in this case ; idem sumus ( saith he ) imperatoribus , qui & vicinis nostris malè enim velle , malè facere , malè dicere , malè cogitare de quoquam ex aequo vetamur . quodcunq●e non licet in imperatorem id n●c in quenquam . fifthly , admit the christians then deemed all forcible resistan●e of persecuters simply unlawfull in point of conscience , as being a thing quite contrary to christian profession and religion ; then as it necessarily proves on the one side , that even christian kings , princes , magistrates , must in no wise forcibly resist the tumultuous rebellions , insurrections , and persecutions of their subjects , because they are christians as well as rulers , and in this regard equally obliged with them not to resist with armes ; much lesse then their parliaments forces lawfully raised for the publike defence . so on the contrary part it follows not , that therefore resistance is either unlawfull in it selfe , or that the parliaments present resistance is so . for first , such resistance being no where prohibited ( as i have formerly proved ) their bare opinion , that it was unlawfull to them , cannot make it so to them , or us in point of conscience , since god hath not made or declared it so . secondly , the primitive christians held many things unlawfull in point of conscience , which we now hold not so . z tertullian and others informe us , that the christians in his time thought it a hainous sinne ( n●fas ) to pray kneeling on the lords day , or between easter and whitsontide ( and so by consequence to kneele at the sacrament ) praying alwayes standing on those dayes in memory of christs resurrection . which custome was ratified also by many a councels : yet then it was lawfull no doubt in it selfe for them to pray kneeling , and we all use the contrary custome now . the christians then held it unlawfull , to eat blood in puddings , or any other meats , as b tertullian , c minucius felix testifie , and many d councels expressely prohibited it since , as unlawfull : yet all churches at this day deem it lawfull , and practise the contrary . the christians in tertullians dayes , and he himselfe in a speciall book , de fuga in persecutione , held it unlawfull to flee in times of persecution , and therefore they voluntarily offered themselves to martyrdome without flight or resistance . yet we all now hold flying lawfull , and all sorts practise it as lawfull ; yea many more then they ought to doe . i might give sundry other instances of like nature : the christians opinion therefore of the unlawfulnesse of any armed resistance of persecuters publike or private ( held they any such ) though seconded with their practice , is no good argument of its unlawfulnesse , without better evidence , either then , or at this present . thirdly , the case of the primitive christians and ours now is far different ; the emperours , magistrates , and whole states under which they then lived were all pagan idolaters , their religion quite contrary to the laws and false religions setled in those states : there were many e laws and edicts then in force against christian religion , unrepealed : most professors of religion were of the lowest ranke , f not many wise , noble , mighty men , scarce any great officer , magistrate , or senator , was of that profession , but all fierce enemies against it : for christians , being but private men , and no apparant body of a state , to make any publike forcible resistance in defence of religion against emperours , senators , magistrates , lawes , and the whole state wherein they lived , had neither been prevalent nor expedient ; a great hinderance and prejudice to religion , and as some hold , unlawfull . but our present case is far otherwise ; our king , parliament , state , magistrates , people , are all christians in externall profession , our protestant religion established , popery excluded , banished by sundry publike lawes ; the houses of parliament , and others now resisting , are the whole body of the realme in representation , and have authority , even by law , to defend themselves and religion against invading popish forces : in which regards our present resistance is , and may cleerly bee affirmed lawfull , though the primitive christians , in respect of the former circumstances , might not be so . secondly , their resistance , ( especially of the magistrates not vulgar rabble ) if made , had been onely , singly for defence of their religion then practised but in corners , publikely condemned , no where tolerated : our present war is not onely for defence of our religion established by law , and to keep out popery , but for the preservation of laws , liberties , the very essence of parliaments , the safety of the realme , and that by authority of parliament , the representative body of the realme . the parliaments defensive warre , therefore , upon these politicke grounds is just and lawfull , though the primitive christians , perchance in defence of religion onely , as its case then stood , would not have been so : even as the roman senators and states resisting of nero , or any other tyrannicall emperors violations of the laws , liberties , lives , estates of the senate , people , were then reputed just and lawfull , though the christians defence of religion would not have been so esteemed in those times . and thus i hope i have sati●factorily answered this objection without shifts or evasions , and rectified these mistaken fathers meanings , with which our opposites have seduced the illiterate over-credulous vulgar . i have now ( through gods assistance ) quite run through all obiections of moment from scripture , reason , fathers , against the lawfulnesse of the parliaments present defensive war , and discovered divers grosse errors , yea , impostures in our opposites writings , wherewith they have perverted many mens consciences , and cheated the ignorant seduced world : i shall therefore here adjure them in the presence of almighty god , as they will answer the contrary before his tribunall at the day of iudgement , seriously to consider these my answers , and publikely to retract those their errors , false grosse mis-interpretations , perve●sions of scriptures , authors , which i have here discovered . and since they pretend nothing but the satisfying and keeping of a good g conscience in & by others , concerned in this controversie ; to shew a syncere ingenuous conscience therein themselves where they have been mistaken , since the contestation pretended , is not for victory , time-serving , or self-seeking ; but for truth , gods glory , and the publike weal : and if i have over-shot my self in any thing , i shall promise them a thankfull acknowledgement , and ready paline dy upon their information and conviction of any apparent oversights , i may casually fall into . now because they shall not deem me singular in my opinion concerning the lawfulnesse of subjects defensive arms against their soveraigns , bent to subvert religion , laws , liberties , the republike , or deem it is a late upstart novelty , i shall conclude this discourse with such personall , naturall and publike authorities , as they shall not be able to balance with counter-resolutions ; in which i shall be as brief as i may be . for personall authorities , i shall not be ambitious to remember many , especially papists , whose common , constant received opinion , and practise hath alwayes been and yet is , h that subjects upon the popes command alone , and absolution of them from their soveraigns allegiance , may and ought to take up even offensive arms against their owne naturall princes excommunicated , interdicted , deposed , or onely declared contumacious , schism●ticall or hereticall by the pope , without , yea , against their kingdoms , parliaments privities or consents , much more then with their approbation . what papists have determined and practised in this very point you may read at large in gratiau himself causa . . quaest. . and causa . . in the very oath of supremacie , and statut , of . iacobi , ch . . which prescribes it , in bishop iewels view of a seditious bull , in doctor iohn w●ite his defence of the way , chap. . & . in abbas vsper ge●sis , sabellicus , valateranus , grimston and others , in the lives of the roman and german emperours ; in aventine his annalium boyorum , the generall and particular histories of france , sparn , germany , italy , sicily , hungary , england ; in bishp bilsons third part of the true difference between christian subjection and unchristian rebellion . in su●dry sermons on the fift of november , to which i shall refer you : in pope paschal his letter to robert earl of flanders , about the year of our lord , . * exorting him to war against those of leige , henry the emperour and his assistants , wheresoever he should finde them , excommunicated and deposed as an heretike and enemy to the church ; telling him , that he could not offer a more gratefull sacrifice to god , then to ware against them ; concluding , hoc tibi & militibus tuis in peccatorum remissionem , & apostolicae sedis familiaritatem praecipimus , ut his laboribus , & triumphis ad coelestem hierusalem , domino praestante , pervenias : which let er was excellently answered by those of leige . and in the * councel of towres in france , under lewes the twelfth , anno . it was unanimously resolved by the church of france , that if the pope did make war upon temporall princes , in lands which they held not of the patrimony of the church , they might lawfully by force of arms resist and defend both themselves and others ; & not only repulse this injury , but likewise invade the lands of the church , possessed by the pope their notorious enemy , not perpetually to retain , but to hinder the pope from becomming more strong and potent by them , to offend both them and theirs . and that it was lawfull for such princes , for such notorious hatred and unjust invasion to withdraw themselves from the popes obedience , and with armed force to resist all censures denounced by the pope against them , their subjects and confederates , and that such sentences ought not to be obeyed , but are mear nullities in law , which obliege no man. yet i must inform you further in brief , that iohn maior a popish schoolman in lib. . sentent . ( as grotius writes ) affirms . that the people cannot deprive themselves of the power , not onely of resisting , but deposing kings in cases which directly tend to their destruction ; and that * iohn barclay , a late scottish priest , though a strenuous defendor of princes prerogatives , expresly averres , that if a king will alienate and subiect his kingdom to another , without his subiects ●onsents , or be carried with atr●e hostile minde , to the dest●uction of all his people , that his kingdom is thereby actually lost and forfeited , so as the people may not onely absolutely resist , and disobey , but depose him , and elect another king : to which k hugo gortius a protestant , freely subscribes ; and iohn bodin●● ●oweth of subjects resistance , yea , deposing kings , in some kingdoms absolutely , and in some cases generally in all ; de repub. l. . c. . l. . c. & l. . c. . & . for protestant personall authorities : we have huldericus zuinglius , explanatio articuli , , , , . tom. . fol. . to . who allows not only subiects actuall resistance , but deprivation of kings , where princes set themselves to subvert religion , laws , liberties ; and that by the common consent of the states in parliament , from whom kings originally receive their royall power and authority . martin luther , bugenhagius , iustus ionas , ambsdorfius , sp●lotinus , melancthon , cruciger , and other divines , lawyers , statesmen , anno . who published a writing in justification of defensive arms by subjects in certains cases ; sleidan . hist. lib. . , . david chrytraeus , chron. saxoniae , l. . p. . richardus dinothus de bello civili gallico religionis causa suscepto , p. . . , &c. a book intituled , de iure belli belgici , hagae , . purposely justifying the lawfulnesse of the low-countries defensive war. emanuel meteranus historia belgica , praefat. & lib. . to . david par●us , com. in rom. . dub. . and. quaest. theolog. . edward grimston his generall history of the netherlands , l. . to . passim . hugo grotius de iure belli & pacis , lib. . cap. . with sundry other forraign protestant * writers , both in germany , france , bohemia , the netherlands and elsewhere ; ioh● knokes his appellation , p. . to . george bucanon de iure regni apud scotos , with many * scottish pamphlets justifying their late wars : ioh. ponet once b. of winchester , his book intituled , politick govern. p. . to . alber. gentilis de iur , belli , l. . c. . l. . c. . . m. goodmans book in q. ma. dayes , intituled , how superior magistrates ought to be obeyed , c. . . . . d. a. willet his sixfold commentary on romanes . quaestion . . & controversie , . p. , , , &c. * peter mariyr com. in rom. p. . with sundry late writers , common in every mans hands , iustifying the ●a●ulnesse of the present defensive war , whose names i spare . and lest any should think that none but puritanes have maintained this opinion , k. iames himself in his answer to card. perron , iustifieth the french protestant taking up defensive arms in france . and l bish. bilson ( a fierce antipuritane ) not onely defends the lawfulnesse of the protestants defensive arms against their soveraigns in germany , flaunders , scotland , france ; but likewise dogmatically determines in these words ; neither will i rashly pronounce all that resist to be rebels ; cases may fall out even in christian kingdoms , where the people may plead their right against the prince , and not be charged with rebellion , as where for example ? if a prince should go about to subject his people to a forreign realm , or change the form of the common-wealth from impery to tyrannie , or neglect the laws established by common consent of prince and people , to execute his own pleasure . in these and other cases which might be named , if the nobility and commons ioyn together to defend their ancient and accvstomed liberty , regiment and laws , they may not well be covnted rebels . i never denied , but that the people might preserve the foundation , freedom , and forme of the common-wealth , which they fore prised when they first consented to have a king : as i said then , so i say now , the law of god giveth no man leave ; but i never said , that kingdoms and common-wealths might not proportion their states , as they thought best , by their publike laws , which afterward the princes themselves may not violate . by superiour powers ordained of god , ( rom. . ) w● understand not onely princes , bvt all politike states and regiments ; somewhere the people , somewhere the nobles , having the same interest to the sword , that princes have to their kingdoms , and in kingdoms where princes bear rule by the sword ; we do not mean the private princes will against his laws , bvt his precept derived from his lawes , and agreeing with his lawes : which though it be wicked , yet may it not be resisted of any subject , ( when derived from , and agreeing with the laws ) with armed violence . marry , when princes offer their subjects not iustice but force , and despise all laws to practise their lusts , not every , nor any private man may take the sword to redresse the prince ; but if the laws of the land appoint the nobles as next to the king to assist him in doing rig●● , and withhold him from doing wrong , then be they licenced by mans law , and not prohibited by gods , to interpose themselves for safeguard of equity and innoce●cy , and by all lawfull and needfvll means to procvre the prince to be reformed , but in no case deprived where the scepter is hereditary . so this learned bishop determines in his authorized book dedicated to queen elizabeth , point-blank against our novell court-doctors , and royall●sts . but that which swayes most with me , is not the opinions of private men , byassed oft-times with private sinister ends which corrupt their judgements , ( as i dare say most of our opposites in this controversie have writ to flatter princes , to gain or retain promotions , &c. ) but the generall universall opinion and practice of all kingdoms , nations in the world from time to time . never was there any state or kingdom under heaven from the beginning of the world till now , that held or resolved it to be unlawfull in point of law or conscience , to resist with force of arms the tyranny of their emperours , kings , princes , especially when they openly made war , or exercised violence against them , to subvert their religion , laws , liberties , state , government . if ever there were any kingdom , state , people of this opinion , or which forbore to take up arms against their tyrannous princes in such cases , even for conscience sake , i desire our an●agonists to name them ; for though i have diligently searched , inquired after such , i could never yet finde or hear of them in the world ; but on the contrary , i finde all nations , states , kingdoms whatsoever , whether pagan or christian , protestant or popish , ancient or modern , unanimously concurring both in iudgement and constant practice , that forcible resistance in such cases is both iust , lawfull , necessary , yea , a duty to be undertaken by the generall consent of the whole kingdom , state , nation , though with the effusion of much blood , and hazard of many mens lives . this was the constant practise of the romans , grecians , gothes , moors , indians , aegyptians , vandals , spaniards , french , britains , saxons , italians , english , scots , bohemians , polonians , hungarians , danes , swedes , iews , flemmins , and other nations in former and late ages , against their tyrannicall oppressing emperors , kings , princes , together with the late defensive wars of the protestants in germany , bohemia , france , swethland , the ●ow-countries , scotland , and elsewhere , against their princes , ( approved by queen elizabeth , king iames , and our present king charles . who assisted the french , bohemians , dutch , and german protestant princes in those wars , with the unanimous consent of their parliaments , clergy , people ) abundantly evidence beyond all contradiction ; which i have more particularly manifested at large in my appendix , and therefore shall not enlarge my self further in it here : onely i shall acquaint you with the●e five particulars . first , that in the m germanes defensive wars for religion , in luthers dayes , the duke of saxonie , the lantzgrave of hesse , the magistrates of magd●burge , together with other protestant princes , states , lawyers , cities , counsellors and ministers , after serious consultation , concluded and resolved , that the laws of the empire permitted resistance of the emperour to the princes and subjects in some cases , that defence of religion and liberties then invaded , was one of these cases ; that the times were then so dangerous , that the very force of conscience and necessity did lead them to arms , and to make a league to defend themselves , thovgh caesar or any in his name wovld make war against them ; that if the emperour had kept his bonds and covenants ▪ they would have done their duties ; but because he began first to make the breach , the fault is his : for since he attempteth to root out religion , and subvert our libertie , he giveth us cause enough to resist him with good consciene ; the matter standing as it doth , we may resist him , as may be shewed by sacred and prophane stories . vnjust violence is not gods ordinance , neither are we bound to him by any other reason , then if he keep the conditions on which he was created emperour . by the laws the mselves it is provided , that the inferiour magistrate shall not infringe the right of the superiour : and so likewise if the superiour magistrate exceed the limits of his power , and command that which is wicked , not onely we need not obey him , bvt . if he offer force we may resist him . so they in point of law and conscience then publikely resolved . secondly , that the n french protestants , and others , in the reign of king fran●is the second , anno . being much oppressed by the guisian faction , who had got the k. into their power , and wholly swayed him ( as his maj. ill councellors sway him now ) thereupon assembling together to consult of some just defence , to preserve the just and ancient government of the realm . they demaunded advice tovching law and conscience , of many learned lawyers and divines ; who resolved , that they might lawfvlly oppose themselvs against the government which the house of guise had usurped , and at need take arms to repvlse their violence ; so as the princes , who in this case are born magistrates , or some one of them would undertake it , being ordered by the states of the realm , or by the sounder part of them . o that defence of religion and liberties against violence and oppression were iust causes of warre ; et quod pia arma ea sint , ultra quae nulla restat spesvitae nec salutis . a like resolution and determination was mad● by the chief dukes , peers , nobles , and officers of france , anno . which you may read in the appendix . thirdly , that the p angrognians and waldensian protestants of lucerne and piedment in the year . to . being persecuted by the lord of trinitie and their popish soveraigns , assembling solemnly together to consult how to prevent the great dangers then at hand , after long prayer and calling upon god for his grace and spirit of direction and counsell , well to manage their weighty affairs , and to preserve themselves and the protest●nt religion professed by them , concluded in the end , to enter into a solemn mutuali covenant , and to ioyn in a league together for defence of themselves and their religion ; whereupon they all promised by gods grace and assistance , to maintain the pure preaching of the gospell and administration of the sacraments , and one to ayd and assist the other , &c. which they did with good successe , obtaining many glorious victories against invading persecuting enemies . the like did q zis●a , the thaborites and bohemians heretofore , and of r later times ; as the maginall authors largely relate , resolving it iust and lawfull for them in law and conscience , to defend themselves and their religion by force of arms against their persecuting soveraignes . fourthly , that the s netherland provinces , being oppressed in their bodies , estates , by the duke of alua and spanyards tyrannie , and in their religion and consciences , by the introduced inquisition to extirpate religion ; did after serious deliberation , and consultation with learned men of all sorts , unanimously conclude and enter into a solemn covenant to defend their libities , religion , laws , by force of arms , against the spanish tyrannie ; as you may read at large in their histories . and in the year . the prince of orange and his confederates having levyed a goodly army to relieve mons besieged by the duke of alua , caused this notable * protestation to be printed and published to the world , as well in his own name , as in his confederates , giving a reason of the arms which he had taken up , as followeth . wee william by the grace of god , prince of orange , earle of nassau , &c. to all noble-men , knights , gentlemen , and others , of what quality soever of these netherlands which desire the liberty thereof , being miserably tyrannized and oppressed by the duke of alva , the spaniards , and other their friends , traytors and mvrtherers of their own covntrey , we declare that every one of us , for a particular love and zeale he beares unto his countrey , and for the glory of god , which we desire above all , have often sought by all meanes the good and quiet of the countrey , as well by petitions and other mild meane ▪ as by force of armes , thinking to draw those that were as we are , to doe the like , sometimes by sighes and prayers unto god , having had patience untill that it should please him to mollifie the hearts of the said tyrants ; but in the end solicited and called generally and particularly by the inhabitants of the said countrey , by reason of the inhumanities and oppressions ; we have in the name of god ( according to ovr consciences ) taken armes ; protesting before god and his angels , and before all men present and to come , that we have not been moved hereunto by any private passion , but with an ardent desire which we have to oppose our selves against this more then barbarous and unsupportable tyranny , to the proclamations , edicts , taxes , imposts and charges of the hundreth , thirtieth , twentieth and tenth penny imposed by the in satiable covetousnesse of the duke of alva , against the lawes liberties , freedomes , and ancient priviledges of the said countrey ; which lawes , liberties , freedomes and ancient priviledges , we mean ( by the grace of god ) to restore unto the said countrey , holding it under the obedience of their prince and natur all lord , as we are bound to do : affirming and maintaining , that * all princes and noblemen , gentlemen , commonweales , or others , of what quality 〈◊〉 be they strangers or home-bred , that have been moved to give us 〈◊〉 or 〈◊〉 in this so ivst an enterprise , have not don it for any other● 〈◊〉 but for true piety and compassion which they have with us of the said 〈◊〉 and ●alamities : wherefore we pray and entreat every one , both in generall 〈◊〉 p●●ticular , to assure themselves , that we intend not to doe wrong to any man , nor to attempt upon the good estates or honour of any of what quality soever , were he of the ●lergy , but are ready to aid and assist every one freely and willingly ; as for his liberty every one is bovnd to svccor vs by all dve and possible meanes . in the mean time we will give order , that god and the countrey may be served , in procuring the preservation of the people , and the defence of their houses , wives , and children : praying to god , that he would favour and bring to a good end so holy and necessary an enterprize . this their defensive warre , yet continuing , hath been justified by many , and in speciall maintained to be just and honorable both in law and conscience in a particular book de jure belli belgici , printed at the hague with the states approbation , . to which i shall referre you . fifthly , ( which comes neerest to our present case of any story i have met with ) alphonso the . r king of arragon , in the year , through the ill advise of some bad counsellors and courtiers about him , departed in discontent from the parliament of the estates of arragon then assembled at saragossa , and posted to osca , because the parliament took upon them to make lawes to reforme and order his court , his courtiers , which he denyed , but they affirmed , they had justright and power to doe . hereupon , the businesse being put unto geeater difficulty ; the estates affirmed . a comitiis intempestive discedere regi nefas esse , that it was a wicked act , for the king thvs vnseasonably to depart from the parliament , neither was so great a breach of their priviledges and rights to be patiently endvr●d : whereupon they presently raised up the name and forces of the vnion or association ( formerly made and entred into between the nobility , cities , and people , mutually to aid and assist one another to preserve the peace and liberties of the realm , even with force of armes ) it being lawfvll for the common cause of liberty ; non verbis solum . sed armis qvoqve contendere , not onely to contend with words , bvt also with armes . vpon this , king alphonso desirous to prevent the mischiefs then present and incumbent , by advise of his privy counsell , published certaine good edicts at osca for regulating his court , counsell , iudges , officers ; by which he thought to have ended all this controversie , but because they were promulged onely by the kings own edict , not by the whole parliament as binding lawes , they still proceeded in the vnion ; till at last , after various events of things , this king returning to the generall assembly , and parliament of the estates at saragossa , in the year . condescended to their desires , and confirmed the two memorable priviledges of the vnion , with the soveraign power of the iustice of aragon , which could controll their very kings : of which see more in the appendix . i shall close up this of the lawfulnesse of a necessary defensive warre , with the speech of the emperour alexander seuerus , recorded by s herodian , l. . he who first infers injuries hath no probable colour ; but he that repulseth those who are troublesome to him ; ex bona conscentia sumit fid●c●am ; assumes confidence from a good conscience , and good hope of successe is present with him from hence , that he offers not injury , but removes it . thus have i now at last waded thorow this weighty controversie , of the lawfulnesse both in point of law and conscience , of the parliaments present , and all other subjects necessary defensive warres against their soveraigns , who invade their lawes liberties , religion , government , to subvert them , by open force of armes : in which i have freely and impartially discharged my conscience , not out of any turbulent , seditious , or disloyall intention , to foment or perpetuate the present , or raise any future destructive , unnaturall warres between king , parliament , and people , or to countenance , to encourage any tumultuous , rebellious , factious , ambitious , traiterous spirits to mutiny or rebell against their soveraigns for private injuries , or upon any false unwarrantable ends or pretences whatsoever ; ( let gods curse and mens for ever rest upon all those , who are in love with any warre , especially a civill , within their own dearest countries bowels ; or dare abuse my loyall sincere lucubrations to any disloyall sinister designes , to the prejudice of their soveraignes , or the states wherein they live : ) but only out of a cordiall desire to effect such a speedy , honourable , safe , religious , sempiternall peace between king and parliament , as all true christian english hearts both cordially pray , long for , and endeavour , by informing his seduced majesty , his evill cou●sellors , his popish ma●ignant forces , that if they will still proceed unnaturally and treacherously to make war against their native countrey , religion , lawes , liberties , and the parliament , ( which to doe i have t elsewhere manifested to be no lesse then high treason , rebellion , against both king and kingdome ) they may in point of conscience and law too , be justly opposed , resisted , repulsed , even by force of armes , without any guilt of treason , rebellion , or feare of temporall or eternall condemnation , as publike enemies , rebels , traytors to the realm , whateve●er they have hitherto been informed of to the contrary by temporizing lawyers , or flattering illiterate court divines ; and by assuring all such noble generous publike spirits , who shall willingly adventure their lives or fortunes by the parliaments command , in the present necessary defensive warre , for the ends pr●mised ; that for this good service they shall neither in the courts of law. nor conscience , incurre the least stain , or guilt of treason , rebellion , sedition , or any such like odious crime , much lesse eternall condemnation ; the panick feare whereof , frequently denounced against them by many sottish malignants , royalists , ill-instructed lawyers and theologasters , hath frighted , kept back , and withdrawn multitudes from , yea cooled , corrupted many in this honourable publike duty , service , which they now owe of right to god and their countrey ; in which to be treacherous , perfidious , sloathfull , negligent , cold , uncordiall , or timerous ( as too many hitherto have been , to the greater honour of those who haue been faithfull , actiue , valiant , and sincere ) especially now after so many late horrid treacheries most happily discouered and a new couenant solemnly entred into , demerits a perpetuall brand of i●famy and reproach . to dye fighting for ones dearest bleeding , dying countrey , hath in all ages been honoured with a crown of martyrdome ; to liue or dye fighting against it hath ever deserved the most capitall censures , ignominies , and heaviest execrations . let both sides therefore now seriously ponder and lay all the premises close to their soules , consciences ; and then i doubt not through gods blessing , but a happy peace will speedily thereon ensue x nation shall not lift up sword against nation , countrey against countrey , englishman against englishman , brother against brother any more , as now they doe , neither shall they learn such an unnaturall cursed kind of civill warre any more , but beat their swords into plow-shares , and their speares into pruning ●ooks ; and y greet one another with a kisse of holy peace and charity : which desired end and issue of these present bloudy warres god in his mercy hasten and accomplish , to the joy of all our soules . i should now , according to former engagements , proceed to other remaining particulars ; but because this part hath already farre exceeded its intended bounds , out of a desire to give full satisfaction in a point of highest present , and future concernment every way ; i shall reserve the residue , with the appendix , for another distinct part ; with which i shall conclude my meditations and collections of this subject , without any further additions , if god say amen . finis partis tertiae . errata in some copies . pag. . l. . to . by . p. . l. . omri , zimri . l. . ludah , israel . p. . l. . that . p. . l. . of their . p. . l. . hence . p . l. . not a bishop ; a bishop , not a lay-man . p. . l. . dele as : p. . . . brevis . p. . l. . assistants . p. . l. . offer to , r. ask of . p. . . l. no man should long . p. . l. ● . ●ipodes . p. . l. . rulers , l. . irresistance . p. . l. . by the. p. . l. . emperours . l. . emperour . the fovrth part of the soveraigne power of parliaments and kingdomes . wherein the parliaments right and interest in ordering the militia , forts ▪ ships , magazins , and great offices of the realme , is manifested by some fresh records in way of supplement : the two houses imposition of moderate taxes and contributions on the people in cases of extremity , without the kings assent , ( when wilfully denyed ) for the necessary defence and preservation of the kingdome ; and their imprisoning , confining of malignant dangerous persons in times of publicke danger , for the common safety ▪ are vindicated from all calumnies , and proved just . together with an appendix ; manifesting by sundry histories and foraine authorities , that in the ancient kingdome of rome ; the roman , greeke , german empires ; the old , the present graecian , indian , aegyptian , french , spanish , gothish , italian , hungarian , polmian , bohemian , danish , swedish , sc●ttish , with other foraine kingdomes ; yea in the kingdomes of iudah , israel , and other gentile royalties , mentioned in scripture ; the supreame soveraigne power resided not in the emperours , or kings themselves , but in the whole kingdome , senate , parliament , state , people , who had not onely authority to restraine , resist , yea call their emperours , and kings to an account , but likewise , when they saw iust cause , to censure , suspend , deprive them for their tyranny , vice● ▪ mis-government ; and sometimes capitally to proceed again●● them . with a briefe answer to the contrary objections ; and tenne materiall observations , confirming all the premises . by william prynne , utter-barrester , of lincolnes inne . ola●s magnus l. . c. . de iniquis , consiliariis , &c. . iniqui consilia●● aiunt , regem nihil injuste facere p●sse , quippe omnia 〈…〉 ipsos . tantum●● 〈◊〉 esse proprium , quantum regis benignitas ei non ●●lemeirt , &c. 〈…〉 principes , his & similibus consiliis & consiliariis , facti sunt eaules , miseri , infames , & inhabile , inse & p●●eritate sua , amplius gubernandi . principisitaque officium est , ut non se●us curet subdi●os , quam fidelis pastor 〈…〉 conservet . it is this tenth day of iuly , ordered by the committee of the house of commons con●erning printing , that this booke intituled the fourth part of the soveraign power of parliaments and kingdoms , &c. be printed by michael sparke senior . iohn white . printed at london for michael sparke senior . . to the reader . courteous reader , i here present thee with the last part , of the soveraigne power of parliaments and kingdomes , and an appendix in pursuance of it ; abundantly manifesting , from the very fundamentall constitutions , l●●●es , customes , resolutions , remonstrances , oathes , inaugurations ▪ elections , ceremonies , histories , publique transactions , treaties , agreements , wars , of forain empires , emperors , realmes , kings , states , senates , diets , parliaments , in all ages , and the most judicious foraine authours of all sorts ; that whole kingdomes , parliaments , senates , states , nations collectively considered , have ever constantly enjoyed in all ages , nations ▪ the most soveraigne jurisdiction , and authority , and beene paramount their kings and emperours , who were and are subordinate , account●ble for their actions to them ; and copiously refuting the fond erroneous fancies of all illiterate flattering court-doctors , theologasters , lawyers , statists , who , without any shadow of truth or reason , audaciously averre the contrary , not so much to f●atter or seduce their princes , as to advance themselves ; against whom the contrary constant practice and resolutions of most lawfull kingdomes , that either are or have beene in the world from adams dayes till now , shall unanimously rise in judgement , and passe a most catholike irreversible sentence on them , for their notorious flatteries and impostures . for mine owne particular , as i have alwayes beene , and ever shall be an honourer , a defender of kings and monarchy ( the best of government , whiles it keepes within the bounds which law and conscience have prescribed ; ) so , i shall never degenerate so farre beneath the duty of a man , a lawyer , a scholar , a christian , as to mis-informe , or flatter either ; nor yet ( out of any popular vain-glory ) court either parliaments or people , to the prejudice of kings just royalties ; but carry such an equall hand betweene them , as shall doe right to both , injury to neither ; and preserve , support their just , legall severall soveraignties , iurisdictions , rights , within their proper limits , without tyrannicall invasions , or seditious encroachments , upon one another , to their mutuall and the republickes prejudice . it fares with regall and popular powers , usually , as with seas and mighty rivers , if they violently breake downe , or swellingly overflow their fixed bankes , they presently cause an inundation , and in stead of watering , surround , and drowne the countries round about th●m , for a season , ( sometimes for sundry yeares ) ere they can be perfectly drained , and their bankes repaired , to confine them to their ancient proper channels , ; of which we have present sad experience , written in capitall red bloody letters , throughout the realme . to redresse , prevent which overflowing mischiefe for the future , i have without feare or flattery of any bumane power , or party whatsoever , by publicke authority divulged this last , and the three preceding parts of this discourse : together with the appendix , ( all hastily collected , and more confusedly compacted through went of time , and sundry interrupting avocations , then i desired ) wherein i have impartially , according to my ●udgement , conscience , defended nought , but ancient , undoubted , universall truthes of reall state-policy , and true theologie , ( almost forgotten in the world , yea cryed , preached , printed down for erronious , seditious paradoxes , if not treasons , by sycophants and malignants in these later ages ; ) out of a cordiall affect●on as much as in me lyeth , to restore and settle the weale , tranquillity , and safety of my bleeding , dying country , now miserably distracted , wasted , consumed every where : ( through the long fore plotted conspiracies of romish priests and iesuites , to subvert the protestant religion and our realmes ) upon a pretended quarrell unhappily raised by them , betweene the two mu●h mistaken grand soveraigne jurisdictions , of king and parliament , crowne and kingdome , now miserably clashing one against the other , through ignorance and mistakes , and trying their titles in the open field by battaile , in stead of law ; by the sword of the souldier , not of the spirit , the onely proper peaceable iudges in these quarrels , by which alone they can and must be finally resolved , settled ; else neither king nor kingdome , can be ever quiet , or secure from dangers , and commotions . i dare not presume to arrogate to my selfe , a spirit of in ●errability in the grand controversies here debated , wherein i have travelled in no beaten common road ; no doubt * generall , nationall councells , parliaments , popes , kings , counsellors , statesmen , lawyers , divines , all sorts of men , both may , and usually doe erre from truth , ( especially in questions which concerne their owne iurisdictions , honours , profits ; ) and so may i. but this i dare with safe conscience protest to all the world , that i have not willingly erred in any particular ; and if i have casually failed in any thing , out of humane frailty , i shall ( upon better information ) acknowledge and retract it . in the meane time , i trust , i have here sufficiently discovered , refuted , many common impostures and erroneous grosse mistakes in law , policy , divinity , antiquity ; which have in later ages beene generally received as indubitable verities , by most men ; yea professedly defended by sundry injudicious lawyers , and ignorant divines ( though perchance reputed learned , solid in their own , and others opinions ) who never tooke the paines to dive into the true originall fundamentall creations , institutions , publicke lawes , reasons , policies , iurisdictions , compositions , rights , customes , histories of kings , kingdomes , parliaments , states , magistrates , people ; the ignorance whereof , hath made them confidently vent many grand absurdities , and untruthes , to the prejudice , imbroyling , and almost utter ruine of divers kings and states ; which now , i hope , they will ingenuously acknowledge and recant with reall griefe and shame , that they have so grossely cheated , seduced kings , kingdomes , people , and oft times stirred up civill warres , to maintaine their idle lies , crazy fictions , as just royall rights , and indubitable prerogatives , when as they are nothing lesse . i shall not begge any mans beliefe , of any truth here newly discovered , further than his own iudgement & conscience , upon serious consideration , shall convince him of it ; and himselfe discerne it fully ratified by substantial precedents and authorities in the body and close of the treatise & appendix : only this i shall request of every reader , to peruse over all the parts of this discourse with a cordiall love of truth and peace ; and when he is convinced what is truth , then to live and dye in pauls resolution , cor. . . we can doe nothing against the truth , but for the truth . it was our saviours owne reply to pilate , john . . for this end was i borne , and for this cause came i into the world , that i should beare witnesse unto the truth ; o then let it now be every ones end , and practice too ; since it is the * truth ( and nothing else ) that shall make ( and keepe ) us free : free , from errors , troubles , tumults , warres ; slavery , tyranny , treachery , popery , dangers , feares : wherefore , * love the truth and peace , and then through gods mercy we shall speedily regaine , retaine them both . farewell . the fourth part of the soveraign power of parliaments and kingdomes . the parliaments interest in the militia , forts , navy , & officers of the kingdom . in the preceding parts of this discourse , i have with as much perspicuity and sincerity as i could , waded through those deepe and weighty differences of greatest importance , which have lately ( to our great unhappinesse ) i know not by what * evill spirits solicitation , unexpectedly risen up by insensible degrees , betweene the kings majestie , and the present parliament ; ( whose primitive sweet agreement , made us not so happy , as their subsequent divisions in place , affection , opinion , have rendred the whole three kingdomes miserable , ) in point of royall prerogatives onely , which i have dispatched : i should now proceed to other controversies betweene them , principally concerning the subjects liberties ; but before i passe to those particulars ; i shall present you with some few records of speciall note ( casually omitted in their proper place , through over-much haste , and want of time ) which will very much cleare the parliaments just right , and ancient jurisdiction in ordering the militia of the realme , by sea and land ; in disposing the ships , the forts of the realme for the publicke safety in times of danger ; in concluding matters of warre and peace ; in placing and displacing the great officers , the privy counsellors of the kingdome ; yea regulating the kings owne houshold , and meniall servants oft times ; when there was occasion ; which may serve as a supplement to the second part . it it the determination of henricus rauzovius , a noble dane , a great statesman and souldier in his commentarius bellicus , dedicated to christierne the fourth , king of denmarke , anno . lib. . c. . that all kings and princes in most republickes , rightly and lawfully constituted , are obliged by their paction entred into before their inauguration , a not to begin or move any warre without the consent of all the estates and nobles . thus in my hearing , philip king of spaine , when he demanded and tooke an oath from his subjects in the netherlands , promised by a mutuall oath to the estates , that he would make no warre in those parts without their privi●y . the same also ( most noble king ) is received and observed not only in your kingdomes and 〈◊〉 , but likewise is in use almost in all europe . therefore frederick your father of most famous memory , knowing himselfe to be bound hereunto by compact , before he would be involved in the swedish warre , communicating the whole businesse faithfully to his people , as well to the senators of the realme , as to the nobles of the dukedomes , maturely advised with them about the manner of waging it . wherefore , lest the warre which is undertaken bee accused as unjust by the states , because it was undertaken without their advice , contrary to custome and agreements , all ought to be assumed into the counsell and care of warre . for thus it will come to passe , besides , that things very well thought on and deliberated by many , have for the most part better successes , then those things which are rashly begun by some one ; that the subjects , who not unwillingly bring their estates and lives into danger , will lesse feare the losse of both , will fight more valiantly , and will put forth all their strength in prosecuting and ending the combate of warre , even for this reason , that themselves have beene the advisers of the warre . upon this reason , not onely the kings of the iewes , arragon , france , nav●re , and others , ( as i have manifested in the b appendix ) but even of this our realme , have usually undertaken all their warres , and ordered all their military affaires , both by sea and land , by the advice and direction of their parliaments , as the grand councell of warre , both for king and kingdome . this i have plentifully manifested in * the premises , by sundry examples , and shall here onely briefly ratifie with some few new precedents . in the first parliament of ed. . after proclamation made , num. . that none should come armed with weapons to the parliament , num. . the causes of summoning the parliament were shewed to the lords and commons , to have their counsell and advice therein , what was best to be done ; and expressed to be three . first , that every one , great and small , should consider , in what manner the peace might most surely be preserved within the realme . secondly , how the marches of scotland , and the northerne parts might be best defended and kept against the enemies of scotland . thirdly , how the sea should be guarded against the enemies , that they should doe no dammage , nor enter the realme for to destroy it . after thus . num. . the bishops and letters from the king then in france , relate to the houses the estate of the kings army , warres , and proceedings in france , and the great debts the king stood ingaged in for the maintenance of his army ; for discharge whereof and the kings further reliefe in the easiest way , to support his warres the lords condescended to grant the ninth sheafe of all their corne , and the ninth fleece and lambe of all their flockes to the king , for the two next yeares , so as the custome of mal-tolt , newly imposed on woolls , should be released , and this grant not drawne hereafter into custome , as a precedent to their prejudice . who acquainting the commons therewith , they after deliberation ; as to the kings supply ; returned this answer . num. , . that they thought it meet the king should be supplyed , and were ready to ayde him , as they had alwayes formerly beene , but yet as the ayde was granted in this case , they durst not assent to it , untill they had consulted and advised with the commons in the country ; for which end they craved time to goe into their counties , and that writs might issue to summon another parliament on the octaves of saint hillary , of the richest knights in every shire at a short day to come , ( which , was c condescended to . ) after which , num. , , . they gave this answer in writing concerning the three articles propounded to them : first , as to the keeping of the peace of the realme , that the justices of the peace had sufficient power already to that purpose ; onely they adde , that disturbers of the peace should not be let out of prison , but upon sufficient bayle , and that no charters of pardon should be granted to felons , but by common consent in parliament , and all other pardons held as voyd . to the second they answered , that the king before his going beyond the seas had taken so good order , and appointed such sufficient guardians to defend the marches of scotland , who were best able to guard those parts , that the enforcement of them by the kings councell would be sufficient , without any charge to the commons ; only , they ordered , that every man who had lands in the marches of scotland , of what condition soever they were , should reside upon them to defend them ( as it had beene formerly ordained ) without charge to the commons . to the third , concerning the guard of the seas : the commons prayed that they might not be charged to give counsell in things of which they had no conisance ( or charge ; ) and that they were advised , that the barons of the ports which at all times have honours before all the commons of the land , and are so enfranchized to d guard the sea betweene us and strangers , ( if so be it fals out , that they will enter and assaile our land ) that they contribute to no aydes nor charges on the said land , but receive profits without number arising by the sea , for the guard aforesaid . wherefore the commons are advised , that they ought to maintaine a guard upon the sea , as the e commons do upon the land , without taking or demanding wages . likewise , there are other great townes and havens which have a navy , that are in the same case , and are bound to guard the sea. and as for the safeguard of the watch-houses upon the sea by land ; let the guard of them be made by the advice of the knights of the shire , where the said guardians are assigned , in the safest manner that may be , without charge of the commons : and that the people of the land , of what condition soever , which have lands on the coast , shall keepe residence upon those lands , the better to repulse the enemies from the land , so that for their abiding there , they shall be discharged to give any aide toward the same guard elsewhere . num. . the commons frame and demand a generall pardon , upon grant whereof they promise to aide the king with monies . num. . they make an ordinance for increase of monies in the realme . num. . because the ships of england went not out together in fleetes , to trade , but severally , out of desire of gaine and covetousnesse , and so many of them were taken by the enemies of the king , and the men slaine and murthered , to the dishonour of the king and the whole realme ; it was agreed , and assented in full parliament , that all the navy should stay and be arrested , till further order were given to the contrary . num. . it was accorded and assented in parliament , that the bishops and lords in the parliament , should send letters to the archbishop of yorke , and the clergy of his province , under their seales , to excite them to grant a convenient ayd for the guard of the marches of scotland , for the defence of the church , the realme , and themselves , as the clergy of the province of canterbury had done . num. . it is accorded , that master robert de scardeburgh shall be put into the commission which shall be sent into the county of yorke , to survey the array of the people , which shall be chosen for the defence of the realme , in lieu of sir thomas de blaston . that sir richard chastell shall be put in the commission to survey the array in the counties of notingham and derby , and iohn feriby in the county of lancaster . num. . it is assented that the people of holdernes shall be arrayed , taxed , and make ayde for the guarding of the marches of scotland , and other businesses of the king in those parts , notwithstanding the commission made to them to guard the sea , num. . the lords who have lands towards the marches of scotland , are commanded and prayed by writs and letters to repaire thither for defence thereof , namely the lords of ros , wake , mowbray , clifford , and master william daubeny steward of the earle of richmond , and that those who could not in this case goe in proper person , should send their people to the lords in the marches . in the second parliament held this yeare , by appointment of the first ( octabis hilarii , . ed. . num. . . edward duke of cornwall , guardian of england ( in the kings absence ) being hindered by other businesses to be present in this parliament , by letters patents under the kings great seale , appointed the archbishop of canterbury , and others to supply his place , and hold the parliament . num. , , , . the commons for the defence of the realme , sea , and marches of scotland , granted the king thirty thousand sackes of wooll , and the earles and barons , the ninth sheafe , fleece and lambe , within their demesne lands ; and agreed to raise a great summe of money presently , to set out a fleet of ships to sea , fraught with men of armes , and archers for defence of the realme . num. . all the merchants of england , were summoned by writ to appeare at westminster in proper person , to conferre upon great businesses concerning the kings honour , the salvation of the realme , and of themselves . num. . the mariners of the cinque-ports upon their departure promised to make their ships ready by mid-lent ; and were to receive a summe of money to helpe defray their charges herein ; and the men of the cinque-ports , promised to defray the moity of the costs ; and the kings counsell the other moity , but not in name of wages , but out of speciall grace ; and the f cinque-ports were to finde ships of their owne , and nine ships of the river of thames . num. . the mariners towards the west promised to finde . ships of an hundred tunne and upwards , and to make them ready by the same day ; and to defray the charges of them as farre as was requisite ; and for the residue , the kings counsell were to send them a summe of money for their aide , but not as wages , but of speciall grace ; and a clerke was ordained to survey the charges of the mariners of the west ; and of the cinque-ports . num. . all the ships of portsmouth , and the west , were to meet at dartmouth at the day assigned ; and the earle of arundell was assigned their admirall ; and the ships of the cinque-ports and the river of thames , were to meete , & assemble at winchelse , and the earle of huntindon , appointed their admirall ; and that all these ships should be ready by the middle of lent , num. . the admiralls of all parts were commanded to arrest all other ships , that might passe the seas , for feare of being surprised by the enemies , & that . men s●ould man those to whom the smaller ships belonged , to bring them into such havens where they might be safest from the enemies . num. . writs were directed to all sheriffes of england to make proclamation , that all those who had charters of pardon , should repaire towards the sea , in the service of the king , and at his wages by the middle of lent , upon paine of losing their charters , and being put to answer the things contained in them , in case they should not goe . num. . it was accorded and assented in parliament , that master richard talbot ordained to guard the towne of southampton , which he had undertaken to doe , should have a company of men at armes , and archers at the kings wages , which he might increase if there were cause ; that he and they should have their wages paid them monethly , from the second sunday in lent , and so forwards whiles they continued in that service , & that he should receive . pounds in money , and . markes in wooll , in respect of his said service , and to defray his ancient debts . and he had power given him to assesse and levy monies upon the said town , towards its defence ; and if the towne were not able to defray all the charge , the king should ayde them for the residue . num. . the bishop of winchester , the prior of st. swithin of winchester , and the abbot of winchester , were commanded to have the people of their manners next the towne of southhampton well a●med and arrayed , that they might be ready to their power to defend the said town , upon summons of the guardians thereof ▪ that no perill might happen thereunto , num. . that two pinaces , one of melbroke , and the other belonging to roger norman● , should be assigned to remaine in the port of southampton , at the appoi●tment of the said mr. richard , for the safety the●eof . num. . all the burgesses and sea-men of the town which had departed thence , were ordered to goe and abide therein 〈◊〉 the defence thereof , and of their owne possessions ; and in case they refu●ed , that their lands and possessions should be seized into the kings hands , and the profits of their lands which should be found elsewhere . num. . that a commission should be made to stephen butterly , and william weston , serjeants at armes , to take timber , bords , and other things necessary for the safety of the said towne at certaine prises , upon endenture made between them and the owners of the said goods ; and that the king should pay , or give them other satisfaction . num. . . that all the armes , engines , ammunition , iron and lead in the said towne , should be delivered to the gardian of it by indenture ; who should have the same power in all things within that towne , as the earle of warwicke had , when he was governour . num. . that the sheriffe should have a writ of attendance , to be attendant on the said mr. richard , with victuals , and all other things necessary for the safegard of the said towne . num. . . . certaine merchants are appointed and take upon them to the parliament , to buy great proportions of corne , peas , oates , hay , and other provi●ions , ( the quantities whereof are particularly expressed ) at certaine rates , to victuall barwicke , the castles of edenburg , and strivelyn , ( which castles mr. thomas rokeby , guardian thereof , promised to keep till saint iohns day then next to come , upon condition to receive his wages formerly due , out of the first moneys granted to the king in this parliament , ) by a certaine day ; provided they shall carry no victuals to the enemies of the king and realme , and that they should be payd out of the first moneys arising out of the ayde granted to the king. num. . . the inhabitants of the ●sle of wight were respited of the ayd granted to the king , according as their good carriage should be during the war ; and it was agreed in parliament , that no commandement nor ordnance , or license granted under the great or privy seale , to any of the said inhabitants bound to defend the said isle , should licence any to absent himself from it during the war , unlesse it were for feare of disinheriting or other great necessity : with which the councell should be acquainted , or upon in quests . num. . . provides , that the castle of caresbr●● in the i le of weight should be furnished with a certa●ne proportion of wine ▪ corn , peas , o●ts , hey , coles ▪ iron , salt ; and that a commission should be granted to robert vandalym sheriffe of southampton , and to william of kekenwich joyntly and severally , to purvey and deliver the same provisions over by indenture , to the constable of that castle ; and a writ directed to the kings botteller , to deliver the wines assigned ( to wit ten tonne ) out of the wines then in , or which should first come into his hands . num. . mr. thomas ferrers undertakes to the parliament , to send without delay a sufficient man to the castle of iernsey , to survey she defaults and state of the said castle , to certifie the councell fully of them ; and in the meane time to finde the wages of those remaining there in garrison , to the summe of an hundred pounds ; and a writ is directed to the sheriffe of southampton , to furnish the said thomas with a convenient quantity of powder , and iron , and other necessaries for the defence of that castle . and because thomas peyne , one of the jurates of that isle was gone to the enemies , contrary to a defence made , that a writ should issue to the bayliffs and jurates of the same isle to choose another sufficient man in his place , and to seize his lands , goods , and chattels into the kings hands , and answer the meesne profits of them . num. . dorso . there is an exact array or list of all the captaines and men at armes , and archers under their severall commands for defence of the borders of scotland , amounting in all to . num. . those of the counties of nottingham , derby , yorke , were to goe to newcastle upon tine , at the countries charges , and then to receive the kings wages : and those of westmerland , cumberland and lancashire , to marth to carlile at the counties charges , and then to receive the kings wages ; and that the commanders , great men , and all the host when they assembled sh●uld lie and travell in the land of scotland , and not in the marches of england . num. . . a fit and trusty clerke is appointed to pay the souldiers wages by the advise and survey of the lords percy and nevill , and merchants are ordered to returne moneys for the exploit , and to furnish the king of scotland with moneys sufficient to maintaine twenty men at armes . num. . because mr. richard talbot had discharged himselfe of the government of barwicke , the lords in parliament earnestly intreated sir walter creake to take upon him the custody of barwicke , and to certifie the lords within a short time , how many men at armes and archers would suffice to guard it , and whether he would accept of the charge or not ; and if not , they would provide another . num. . a commission is granted to master thomas wake and others to muster the horse and foot arrayed for this expedition in yorkeshire and the other counties , and to conduct them towards newcastle . num. . it is accorded and assented , that writs shall be made to the arrayers of the men of armes , hoblers , and archers , in the country of oxford , for the guarding of the sea , for the prior and canons of burnacester , to surcease their demand which they made to the said prior and canons to finde a man at armes and two archers to make such a guard at portsmouth and also for the payment of certaine moneys for this cause , untill they have other command from the king ; by reason that the prelates and other great men in the parliament are informed , that all the possessions of their house will hardly suffice for their sustenance , and that they cannot finde such charge without very great oppression of them and their house . ; loe here in these two parliaments ( the rols whereof i have recited more largely , because rare and memorable ) all businesses concerning the warres , militia and array both by land and sea , were particularly consulted of , ordered , and determined in and by the parliament onely ; in a farre more ample manner then this present parliament at first petitioned , desired they should have been ordered and setled now . in the parliament rolls e. . num. . certaine men are appointed to guard the islands and sea-coasts against the enemies . num. . the lord mowbray is appointed keeper of the town of barwick● . num. . . . &c. commissions of array in severall counties are made by parliament to the earle of angoyes and others , for defence of the kingdome . in the parliament of e. . num. . a commission is granted in parliament to the lord percy and others , to appoint able persons for defence of the marches of the east-riding . in the parliament roll of r. . num. . because that the lands of gascoigne , ireland , the seigniory of artoyes , and the marches of scotland are in perill to be lost through default of good officers , the commons petition , that it would please the lords to ordaine good and sufficient ministers , which may be sent to governe in the same lands in the most hasty manner that may be , by reason of the great need that requires it . and that all the chiefe guardians of the ports and castles upon the sea , as dover , bannburgh , carlile , and other marches , may be put in the forme aforesaid : and that these guardians of the castles and keyes of the realme may be sufficient men , who may forfeit their inheritance if any mischiefe shall happen by reason of them , which god forbid . and that in all other , sufficient persons of your leiges be placed who may forfeit in the same manner for the salvation of the realme . to which the king answers . the king willeth it , and will doe that which shall belong to him by the advise of the lords of his continuall councell . in r. . rot. parliament . num. . the admiralty is disposed of by the parliament : and num. . a schedule of orders for the defence of the north sea , is confirmed by the parliament . in the parliament of & h. . num. . the parliament gave power to the merchants to name two meet persons to be admirals , to guard the seas . in the parliament rolls of r. . pars . num. . the commons supplicate , how the enemies of france , with great armies , and many vessels of warre have been continually , and yet are in the northerne parts , and namely about the coasts of scarburrough , which towne is dangerously seated upon the sea , open to the assaults of the said enemies , and that the people of the said towne had within two yeeres last past paid above one thousand pound ransome to the said enemies , and yet were destroyed and carried prisoners into boloigne and other places , where they were yet kept prisoners , and that the towne was upon the point to be burned and destroyed , and all the coast about it in short time , if hasty remedy were not provided . that therefore it would please the king and his most sage councell , considering the great dammages and perils the said towne and coasts about it had sustained , and were yet apparently like to sustaine , to ordaine and assigne certaine vessels of warre upon the said coasts , to guard them against the malice and power of the said enemies ; and that during the warres , for saving of the said towne , and the kings castle there situate , and all the country about i● . the answer is : this matter is in part touched by the merchants of the said coast which are at this parliament , and by their advise and others who are to passe their merchandize in these marches by sea , remedy hath beene ordained in such sort as the earle of northumber land and the major of london , who were assigned in parliament to treat of this businesse know more fully to declare . in the parliament of r. . pars . num. . the bishop of norwich offered before the king and lords , that if the king would grant him the quindisme and disme of the laity and clergy ; and the pound and shillings on the tonne of wine , lately granted to the king for the safeguard of the sea ; that he would within daies after the receipt of the last payment , transport into france archers well armed and mounted for the ayd of gaunt ; and would defray all the charges of shipping them : and that if he might have the attendance of the west-admirall , he would finde on the sea for the safeguard of it , betweene this and michaelmas next , ten great ships , and ten b●rges armed ; in which besides marriners necessary , he would finde at least fighting men for the said terme . in the parliament of r. . num. . it is to be remembred , that the commons said in full parliament , that if a treaty of peace or truce should be entertained betweene their lord the king and his adversary of france , that they thought it expedient and necessary , if it should please the king , that mounseur de guyen , because he is the most suffi●ient person of the realme shall goe to the same t●eaty . and the king said , that he liked it well , if it pleased the said lord de guy●n : and thereupon mounseur de guyen said , that he would with a very good will travell and doe any thing which might turne to the honour and profit of the king , and of his realme . in the parliament of the h. . num. . the kings grant of the c●stody of the town and castle of calice , the towne of risbanke , the castles of hamures , marke , oye , stangate , bavelingham , and of the castle and dominion of guynes in picardy , to be made to humfrey d●ke of glocester his unkle , in the presence of the lords spirituall and temporall then being in the present parliament , was on the day of october read before them : which being understood , and ma●ure deliberation taken thereupon , the severall reasons of the said lord being heard , it was at last by their assent and consent agreed and ordered , that the said duke should have the custody of the said towne , castles , and premises , to the end of nine yeeres then next ensuing , which charter was subscribed by all the lords there present . in the parliament of h. . num. . procustodia maris , it was enacted : for as much as the king , considering that as well divers his clergy men of this his realm inhabiting nigh the coast of the sea , and others his subjects using the trade of merchandises , have been oftentimes grievously imprisoned , distressed , put to great sufferances and ransomes ; and their ships , vessels , and merchandises of great value taken upon the sea by his enemies ; and also merchant strangers , being under his leageance , amity , safegard , or safe conduct upon the sea , have been robbed and spoyled , against the forme and contents of such truces , and safe conducts signed ; his highnesse willing and intending sufficiently to provi●e for the remedy of such inconveniences ▪ and to eschew and avoyd all such 〈◊〉 and dispoylers , hath by the advice and assent of the lords spirituall and temporall in his high court of parliament ass●mbled , de●i●ed certaine great lords of this re●lme , that is to say , richard earle of salisbury , iohn earle of shrewsbury , iohn earle of worcester , iames earle of wiltshire , and iohn lord sturton with great navies of ships and people defensible in great number purveyed of abiliments of warre , to intend with all diligence to their possibility the safeguard and keeping of the sea. for which cause the subsidies of tonnage and poundage granted to the king for his naturall life this parliament , that they might be applied to such uses and intent as they be granted the king by the advice and assent of the lords spirituall and temporall , and commons in this parliament assembled , and by authority of the same , were granted to the said earles and lord sturton , and the survivers of them for three whole yeeres ; with power for them to appoint collectors to receive and collect them in every port , without rendering , any account ; so as they kept the covenants and endentures made between the king and them for the safegard of the seas ; with a proviso , that this act during the three yeeres should not : be prejudiciall to the custome of the towne or castle of calice or rishbanke , for the payment of the wages and arreares of the souldiers there . and over that , if the goods of any of the kings liege-people , or any of his friends , be found in any vessell of the kings enemies without any safe conduct , that then the said earles and the lord sturton shall take and depart it among them and their retinue without any impeachment , according to the statute thereupon made . in the parliament of h. . num. . the said lords were discharged of the custody of the sea by the parliament , in these words : for as much as the earles of salisbury , shrewsbury , and worcester , and the lord sturton besought the kings highnesse in this present parliament , that it might like his highnes and excellency of his noble grace to have them clearely discharged of the keeping of the sea , the king therefore and for other causes moving his highnesse , by the advice of the lords spirituall and temporall in the said parliament assembled the day of iuly , the day of the same parliament , admitted their desire , and would that the said earles and lord sturton , or any other that had the keeping of the sea by an act made in the last parliament begun and holden at redding , and ended at westminster , be 〈◊〉 the day of july fully discharged of the keeping of the same , and that it should beena cted of record . in the parliament of h. . num. . the king by the advice of the lords spirituall and temporall , and commons in this parliament assembled , and by authority thereof , ordained and established , that his dearest cosin richard duke of yorke rightfull heire to the countries of england and france , and of the lordship and land of ireland , have and take upon him the power and labour to ride into the parts of england , and wales , where great rebellions , murders , riots , spoylings , executions , and oppressions be used , committed and attempted , to represse , subdue , and appease them . and also to resist the enemies of france and scotland within the realme . and further granted , ordained , and established by the said advice and authority , that every sheriffe , with the power and might of his sheriwicke , and every major , bailiffe , officer , minister , and subject of the said realme of england and of wales , shall attend upon his said cousin for the said intent , as the case shall require ; and to the same intent be ready at the command of his said cousin ; and the same obey and performe , in like case as they ought to doe at his commandement after the course of the lawes of england , and in wales after the custom●s there , &c. and to cite no more presidents in so cleare a case : in the parliament of iacobi ch . . the temporalty having granted three intire subsidies , and three fifteenes and tenths , to king iames , towards the maintenance of the warres that might then suddenly insue upon the breach with spaine , and more particularly for the defence of the realme of england , the securing of ireland , the assurance of the states of the united provinces , with the kings friends and allies ; and for the set●ing forth of the navy-royall : did by that act , for the better disbursing of the said 〈◊〉 and mannaging that warre according to the parliaments true intention , by that very act wherein they gave the subsidies , did especially appoint eight aldermen and other persons of london treasurers to receive and issue the said moneys ; and appointed ten lords and knights ( particularly named in the act ) to be of the kinge councell for the warre ; by whose warrant ( under five of their hands at least ) all the moneys they granted were to be issued and exported , for and towards the uses expressed in the act to such person or persons as the said councell of warre should direct : and that both those treasurers , and this councell of war●e , and all other persons trusted with the receiving , issuing , bestowing and imploying of those moneys or any part thereof , their heires , executors and administrators , should be answerable and accomptable for their doings and proceedings therein to the commons in parliament , when they shall be thereunto required by warrant under the hand of the speaker of the house of commons for the time being ; and thereby they and every of them according to their severall places and imployments shall give a true and ready declaration and account of their severall respective dealings , doings and proceeding therein ; and that the said commons in parliament shall have power by this act , to heare and determine the said account , and all things thereto appertaining ; and withall they in this act prescribe a specialloath to the treasurers , not to issue out any moneys without the warrant of the councell of war under their hands . and another oath to the councell of warre , to make no warrant for any moneys issued , which are given by this act , but for some of those ends which are expressed therein , and that to the best of their meanes they should imploy the said moneys accordingly ; and that freely without requiring any reward or allowance whatsoever . which presidents with others forementioned , made his majesty return this * answer to the petition of the lords and commons touching the articles delivered february . . for the securing you from all dangers or jealousies of any ; his majesty will be content to put in all the places both of forts and militia , in the severall counties , such persons as both houses of parliament shall either approve or recommend unto him ; so that you declare before unto his majesty the names of the persons whom you approve or recommend ; unlesse such persons shall be named against whom he shall have just and unquestionable exception . and thus much by way of supplement touching the militia . concerning the parliaments interest and right in electing and removing the officers of the realme , and the kings meniall servants , i shall onely adde these precedents to the * forementioned . in the parliament rolls ● e. . n●m . . foure bishops , foure earles , and foure barons were assigned to the king , without whose consent , or of foure of them , no great businesse was to be transacted . e. . num. . in the parliament rolls , the parliament agreeth , that the duke of cornwall be custos of england during the kings absence in the warres of france . in the parliament rolls of r. . num. . & . the commons requested first , that it would please the king to ordaine , and nominate to them now in this present parliament , some sufficient persons of divers estates to be continually resident of his counsell for the affaires of the king and of the realme , and to have the officers of the king of such persons who best knew , and would and might most diligently travell for the redresse of the foresaid mischiefes , and the good government and salvation of the realme , so that the commons may be clearely ascertained of the names of those counsellors which shall be disbursers and orderers of that which they shall grant for the warres , and thereby to have greater encouragement to doe to our lord the king that which they have in charge concerning him , as is aforesaid . also that it would please them to ordaine and nominate in this parliament the persons which shall be about ( or have the custody ) of the person of our lord the king himselfe , who is of such tender age , and that those persons shall be of the most vertuous , honestest , and sufficientest of the realm ; so that our said lord , who is a person sacred and anointed , be nobly governed , and brought up in good vertues and manners to the pleasure of god , whereby all the realme may be secured and amended ; and that it be likewise or●dained , that our lord the king and ●is house be governed with good moderation , and defray his expences onely out of the revenues of the realme , and other rights and seigniories of his crowne . and that all that which shall be granted to our lord the king in maintenance of his wars , shall be applied and expended in the warres , and no part thereof otherwise , in aid and discharge of his said commonaltie . in the parliament of . richard . num. . the commons pray , that no person , of what state or condition he be , should meddle with any manner of governance about the person of our lord the king , nor with the businesses of the realm , nor yet to councell our lord the king , but those lords which are assigned and ordained in this present parliament , if it be not by ordinance of the continuall councell , and by assent of our lord the king , upon grievous paine . and the same lords , which shall bee about the person of our lord the king and of his councell , shall cause to remove all the persons which they think sit to remove in the houshold of our lord the king , without shewing favour to any , and to put others in their places , whom they shall think sufficient and vertuous . and that the said lords of the councell be charged to keep and sustain the estate of our lord the king in ' its regalty , and to doe and use that which may turne to the honour and profit of our lord the king and of his realme to their power , according to the form of the o●●h contained in a schedule made in this present parliament annexed hereunto ; to the intent that it may be notoriously known thorowout all the realme , that good and sufficient councell is about the person of our lord the king , to the comfort of all his commons , and firme assurance and establishme●t of the realme aforesaid ; the which oath was made in forme ensuing . you shall swear , that you will not assent , nor yet suffer , as much as in you lieth , that any judgement , 〈◊〉 , or ordinance made or given in this present parliament be any way annulled , reversed , or repealed in any time to come ; and moreover , that you shall keep the good laws and usages of the realme afore these times made and used ; and shall firmely keep , and cause to be kept , good peace , quiet , and tranquillity in the realm ●according to your power , without disturbing them in any manner . so helpe me god and his saints . the answer . as to the first point of this article , the king wil● it : and as to the second point , if there be any lord of the councell , or other lord of the realme , which will informe the king , that he hath any person about him not sufficient , nor honest , he wils , that it being proved , he shall be outed and removed , and another sufficient , by his advice , put in his place . in the parliament of . henry . num. . upon certain prayers and requests made before by the commons , divers times touching the removing of divers persons , as well aliens and others , by reason of divers destructions by them moved , and for certaine articles appointed by the lords upon the charges given to them by our lord the king in parliament , and by the said lords it was specially accorded , that four persons , to wit , the kings confessor , the abbot of done , master richard derham , and crosseby of the chamber , shall be quite ousted and voided out of the kings house ; whereupon the ninth of february , the said confessor , master richard , and crosseby came before the king and lords in parliament , and there the king in excusing the said four persons said openly , that he knew not by them any cause or occasion in speciall for which they ought to bee removed from his houshold ; notwithstanding our said lord the king well considered , that what the said lords and commons shall do or ordaine , was for the good of him and of his realme , and therefore he would conforme himselfe to their intentions , and did well agree to the said ordinance , which charged the said confessor , master richard , and crosseby to avoid his said court , and like charge should have beene given to the said abbot , had he been present . and our lord the king said further , that he would doe the like with any other which was about his royall person , if he was in hatred or indignation with his people . and numb . . to the end that good and just government and remedy may bee made of divers complaints , grievances , and mischiefs shewed to our lord the king in this parliament ; our lord the king , to the honour of god , and upon the great instances and requests to him divers times made in this parliament by the commons of his realm , for the ease and comfort of all his realme , hath ordained certain lords and others underwritten to be of his great and continuall councell , to wit , the archbishop of canterbury , the bishop of lincolne chancellour of england , the bishops of rochester , winchester , bath , and ba●gor , the duke of yorke , the earles of sommerset and westmerland , the lord roos treasurer of england , the keeper of the great seale , the lord berkley , the lord willoughby , the lord furnevall , the lord lovell , mounsier pierce courtney , master hugh waterton , master iohn cheyne , master arnald savage , iohn northbury , iohn doreward , iohn cawsou . in the parliament of . & . henry . numb . . the . day of may , the commons came before the king and his lords in parliament , and then iohn tibetot , their speaker , reheased , how they had prayed the king in the beginning of the parliament , and after , to increase the number of his councell for the better government of the realme , and prayed the king to put it in execution ; and further rehearsed ▪ how that the archbishop of canterbury had reported to them , that the king would be counselled by the most sage lords of the realme , the which ought to have the survey of all that which shall be done for the good government of this realme , which thing the king agreed to doe and rehearsed with his own mouth , that it was his entire will. and thereupon a bill made by the king himselfe , by his own will was delivered , containing the names of the lords which shall be of his councell , the tenour of which bill ensueth . it is to bee remembred that our lord the king , considering the great labours , occupations , and diligence which he ought necessarily to imploy about the good government of his realme , and other his possessions , as well on this side the sea as beyond it . first of all for the preservation of our lord the king , and of his crowne , and that the revenues of the same may be the better collected to his profit and increase , as much as a man may j●●rly doe , to the end that he may the better sustaine his honourable estate . and secondly , for the confirmation of the lawes and statutes of the realme , to the end that equall right may be done to every one , as well poor as rich ; our lord the king , of his proper and good will , desirous to be supported in the foresaid causes , because that he cannot attend thereunto in proper person so much as he would , for the great love and good affiance which he hath among others , in the most reve●end fathers in god , the archbishop of canterbury , the bishops of winchester and excester , the duke of yorke , the earle of somerset , the lord roos , the lord burnet , the lord lovell , the lord willoughbie , the chancellour , treasurer , and keeper of the privie seale , the steward and chamberlaiue , master hugh waterton , master iohn cheyney , and master arnald savage , hath chosen and charged them to be of his counsell , praying and commanding them , that in all the foresaid causes they will put to their intire diligences for the profit of our said lord the king , and likewise for the confirmation of the laws and statutes aforesaid . in the parliament of . henry . num . . after divers speciall requests of the commons of the realme , being in the present parliament , made to my lord of glocester commissary of the king , and to other lords spirituall and temporall there , for to have notice and conusance of the persons assigned and elected to be of the kings councell , to their great ease and consolation . by advice and assent of all the lords spirituall and temporall aforesaid , were elected and named certaine persons , as well spirituall and temporall , to be councellours assistant to the governance of the realm , whose names here ensue ; the duke of glocester , the archbishop of canterbury , the bishops of london , winchester , norwich , worce●●er , the chancellour , treasurer , and keeper of the privie seale , the duke of excester , the earle of march , the earle of warwick , the earle marshall , the earle of northumberl●nd , the earle of westmerland , the lord cromwell , the lord fitz h●gh , the lord bourchier , the lord scroop , master walter hungerford , master john tiptoff , ●homas chaucer , william allington . in the parliament of . henry . num . . vpon the petition of the commons against divers lords , bishops , knights , esquires , and others , to the number of . who mis-behaved themselves about the royall person of the king , and in other places , by whose only meanes it was suggested , the kings possessions had been greatly diminished , his laws not executed , the peace of the realm not observed , to the great hurt and trouble of the liege people of the realm , and likely subversion of the same , of which misbehaviour , universall noise and clamour was openly received thorowout all the realme , upon the same persons specified in the petition ; all of them , except the lords and some few others , without further evidence against them , were by the king now removed from his presence and court for a whole yeeres space , within which time any man that could and would object against any of them ▪ should be patiently heard and intended to . those few fresh presidents added to the precedent , and to such forraign examples of this nature cited in the appendix , will abundantly cleare the parliaments right and kingdoms interest in nominating , placing , and displacing the great officers of the kingdom ▪ and in regulating the kings own meniall servants in some cases , when they either corrupt or mis-counsell him . and thus much touching the unhappy differences between the king and parliament , concerning matters of his own royall prerogative . the parliaments right and iurisdiction to impose taxes and contributions on the subjects for the necessary defence of the realm , laws , liberties without the king , in case of the kings wilfull absence from , and taking up arms against the parliament and kingdom , briefly vindicated from the calumnies against it . the severall grand objections of consequence made by the king and others against the parliaments pretended usurpations upon the just rights and prerogatives of the crowne , being fully examined and refuted in the premises , so far ( i hope ) as to satisfie all ingenuous men , in point of divinity , policy , law , reason , conscience . i shall next proceed to the remaining materiall accusations which concerne the subjects onely , in regard of property and liberty : wherein i will contract my discourse into a narrow compasse ; partly because the debate of the fore-going differences between the kings prerogative and the parliaments soveraigne jurisdiction , hath in some sort over-ruled the controversies betwixt the subjects and both houses , representing them : partly because these accusations are not so universally insisted on , as the former which concerne the king ; the justnesse of them being generally acknowledged , willingly submitted to by most , except such , who calumniate and traduce them , either out of covetousnesse onely to ●ave their pur●es , or from a groundlesse malignity against the parliament , or out of a consciousnesse of their owne delinquencies , subjecting them to the parliaments impartiall justice , or out of some particular interests which concern them in their gains , honours , preferments , or such who by their restraints for not paying parliamentary assessements , hope to save their purses for the present ; or to gaine favour and preferment by it for the future . if these private sinister ends were once laid by , this second sort of accusations would speedily vanish , especially with men of publike spirits , who prefer the common-weale before their owne particular interests . the first of these cavillatory objections against the parliaments proceedings is , that both houses , without the kings royall assent , have contrary to magna charta , the petition of right , the statutes de tallagio non concedendo , and other acts , by their ordinances onely imposed late taxes on the subjects , amounting to the twentieth part of their estates , and since that monethly or weekly assessements , to maintaine a war against the king ; a grand incroachment on the peoples properties , contrary to all law and iustice. this objection seems very plausible and cordiall to covetous earth-worms , being politikely contrived to court the close-handed niggardly party , by those who are guiltiest in themselves of that they thus object against others . but it will easily receive an answer , as to the parliament , and recoyle with infinite disadvantage on those that make it . first 〈◊〉 an●wer , that the parliament is the absolute soveraigne power within the realme , not subject to , or ob●iged by the letter , or intendment of any laws , being in truth the sole law-maker , and having an absolute soveraignty over the laws themselves ( yea , over magna charta , and all other objected acts ) to repeale , alter , determine and suspend them when there is cause , as is undeniable by its altering the very common law in many cases , by repealing , changing many old statute lawes , and enacting new ones every sessions as there is occasion , for the publike safety and defence . this the practice of all parliaments in all ages ( yea the constant course of all parliaments and assemblies of the estates in all forraigne kingdoms too ) abundantly manifests . the parliament therefore never intended by all or any of these objected acts , to binde its owne hands , but onely the kings and his ministers , with inferiour courts of justice , neither is the parliament within the letter , words , or meaning of them ; therefore not obliged by them . . the king , with his officers , judges , and inferiour courts of justice only are included , and the parliament , is directly excluded out of the very letter and meaning of all these acts ; as is apparent . first in generall , from the occasion of enacting all these laws , which was not any complaints made to the king of any illegall taxes , imprisonments , or proceedings of our parliaments , to the oppression of the people ; but onely the great complaints of the people and parliament against the illegall taxes , impositions , imprisonments , and oppressions of the subject by the king , his officers , judges , and inferiour courts of justice , as all our h●stories , with the prefaces and words of the acts themselves attest ; to redresse which grievances alone th●s● lawes were made by the parliaments and peoples earnest solicitations , much against the kings good will. the parliament then ( who would never solicit them king of a law against , or to restrain it selfe ) being cleare out of the orignall ground and mischiefe of enacting these lawes , and the king , with his ministers , and inferiou● 〈◊〉 is only within them ; they can no way extend to the parliament , but to them alone . . the parliament , 〈◊〉 the making of these acts , hath alwayes constantly enjoyed an absolute right and power , without the least dispute , of gran●ing and imposing on the subj●cts whatsoever taxes , subsidies , aids , confiscations of goods , or restraint of liberty by temporall or perpetuall imprisonment , it thought meet and necessary for the publike defence , safety , and tranquility of the realm , as the severall t●xes , subsidies , and poll-monies granted by them in all ages , the many statutes enjoyning confiscation of lands , goods , corporall punishments , banishments , temporary or perpetuall imprisonments , for divers things not punishable , nor criminall by the common law , or when magna charta , and the ancient statutes in pursuance of it were first enacted , abundantly evidence past all contradiction : none of all which the king himselfe , his officers , judges , or inferiour courts of justice can doe , being restrained by the objected acts. therefore it is altogether irrefragable , that the parliament and houses are neither within the words or intentions of these acts , nor any wayes limited or restrai●ed by them , but left as free in these particulars ( in order to the publike good and safety ) as if those acts had never beene made , though the king , with all other courts , officers , subjects , remaine obliged by them . . this is evident by examination of the particular statutes objected : the first and principall of all the rest is magna charta , cap. . but the very words of this law : not we shall not passe upon him , nor condemne him , but by the lawfull judgement of his peeres , or by the law of the land : we shall deny nor deferre to no man either justice or right , compared with the preface to , and first chapter of it , henry , &c. know ye that we , &c. out of meere and free will , have given and granted to all archbishops , bishops , e●rles barons , and to all free men of this our realm of england , and by this our present charter have confirmed for us and our heirs for evermore , these liberties underwritten , to have and to hold to them , and their heirs , of us and our heirs for evermore , &c. ( together with the whole tenour and title of this charter , and the two last chapters of it ; ) all those customs , and liberties aforesaid which we have granted to be holden within our realme , as much as appertaineth to us and our heirs , we shall observe . and for this our gift and grant of those liberties , &c , our subjects have given us the fifteenth part of all their moveables : and we have granted to them on the other part , that neither , we nor our heirs shall procure or doe any thing , whereby the liberties in this charter contained shall be infringed or broken ; we confirme and make strong all the same for us and our heirs perpetually . ( not the parliament ) all these , i say , infallibly demonstrate , that this statute of magna charta , did never extend unto the parliament to restraine its hands or power , but onely to the king , his heirs , officers , courts of justice , and particular subjects . so that the parliaments imprisoning of malignants , imposing taxes for the necessary defence of the realm , and seizing mens goods , or imprisoning their persons for non-payment of it , is no wayes within the words or intent of magna charta , as royallists and malignants ignorantly clamour ; but the kings , his officers , councellours , and cavall●ers proceedings of this nature are cleerly most direct violations of this law. and that which puts this past dispute are the severall statutes of . edward . cap. . statute . . edward . cap. . edward . cap. . . edward . cap. . . richard . cap. . and the petition of right it self , all which expresly resolve , that this very objected law of magna charta , extends onely to the king himselfe , his privy councell , iudges , iustices , officers , and inferiour courts of iustice , but not unto the supream court of parliament , which no man ( for ought i finde ) ever yet held , to be absolutely obliged by it , before the kings late recesse from parliament . the next statute is that of . edward . cap. . no tallage nor aid shall be taken or leavied by us and our heirs ( not the parliament ) in our realme , without the good will and assent of the archbishops , bishops , earls , barons , knights , burgesses , and other free men of the land ; which the statute of * . edward . thus explains , but by the common consent of the realme . the statute of . edward . cap. . and statute . cap . thus , if it be not by common consent of the prelates , earles , barons , and other great men and commons of our said realme of england , and that in parliament . the statute of . edward the third , cap. . thus . if it be not by common consent and grant in parliament . the statute of . edward the third , cap. . thus , that no subsidie nor other charge be set nor granted upon the woolls by the merchants , nor by none other from henceforth without the assent of the parliament . the statute of . edward . cap. . thus , it is accorded and stablished , that no imposition or charge shall be put upon woolls , woollsels , or leather , other then the custome and subsidie granted to the king , without the assent of the parliament , and if any be , it shall be repealed and holden for none . and the petition of right , . caroli , thus , by which statutes , and other good statutes of this realm , your subjects have inherited this freedom , that they should not be compelled to contribute any taxe , tallage , custome , aid● , or other like charge , not set by common consent in parliament . now it is as evident as the noonday sunshine , that these acts onely extend to the king , his heirs , councell , officers , inferiour courts , and private subjects onely , and that the parliament is precisely excepted out of the very intent and letter of them all , having free power to impose on the subjects what aids , taxes , tallages , customes , and subsidies the shall deem meet ▪ by the expresse provision of all these laws , concerning the granting and imposing of subsidies , therefore by the direct resolution of these acts , the kings , his councellors present contributions , assessements , and ransoms imposed on the subjects are illegall , against the letter and provision of all these acts ; but the parliaments and houses lawfull , approved and confirmed by them . true , will royallists and malignants answer ( who have no other evasion left but this ) if the king were present in parliament , and consenting to these contributions and taxes of the twentieth part , there were no doubt of what you alleage ; but because the king is absent , and not only disassents to , but prohibits the payment of this or any parliamentary assessements by his proclamations , therefore they are illegall and against these laws . to which i answer , first , that the king by his oath , duty , the ancient custom and law of the land ought of right to be alwayes present with his parliament ( as he is now in point of law ) and not to depart from it but in cases of urgent necessity with the houses free consents , and then must leave * commissoners , or a deputy to supply his absence . this is not onely confessed , but proved by a booke lately printed at oxford . ( with the kings approbation or permission ) intituled , no parliament without a king , pag. . to . where by sundry presidents in all kings reignes it is manifested , that kings were , and ought to be present in their parliaments , which i have * formerly cleared . if then the king , contrary to these presidents , his oath , duty , the laws and customs of the realme , the practice of all his progenitors , the rules of nature ( which prohibit the head to separate it selfe from the body ) and will ( through the advice of malignant councellours ) withdraw himselfe from his parliament ; yea , from such a parliament as himselfe by a spceiall act hath made in some sort perpetuall , at the houses pleasure ; and raise an army of papists , delinquents , malignants , and such like against it , and that purposely to dissolve it , contrary to this very law of his for its continuance : why this illegall tor●ious act of his ( paralleld in no age ) should nullifie the parliament , or any way invalid its imposicions or proceedings , for their own , the kingdoms , peoples , and religions preservation ( all now indangered ) transcends any reasonable mans capacity to apprehend . the right and power of granting , imposing , assenting unto ass●ssements , taxes , suosi●i●s , and such like publique charges in parliament , for the publique safety , rests wholly in the commons and lords , not king ; and is their owne free act alone , depending no waies on the kings assent , nor necessarily requiring his personall presence in parliament . this is evident : first by the expresse letter of the forecited acts ; no subsidy , tax , ayde , talleage , or custome shall be set , granted , taken or leavied , but by common consent and grant of the prelates , earles , barons , knights , burgesses , and other free men of the realme in parliament ; or without the assent of the parliament : so that their * grant and assent i● parliament , ( not the kings ) is the onely thing that makes them legall and binding to the subject . now both houses have granted , ordered , and assented to this assessement , exceeding not the twentieth part of mens estates ; and given order for the leavying of it , and that for the parliaments , kingdomes , religions , necessary defence and preservation . therefore it is obligatory and legall , though the king himselfe consent not , or disassent thereto , ( especially as the present condition of things stands ) even by the very letter of these acts . secondly , this is apparent by the letter of all our publique acts , for the granting of subsidies , ayds , tenths , fifteenes , taxes , customes , tonnage , poundage , or any such like impositions in and by parliament , either by the temporalty or clergy : which acts runne usually in this manner . * the commons of this realme have granted for defence of the said realme ▪ and especially for the safegard and custody of the sea , a subsidy , a subsidie called tonnage , &c. * the prelates , earles , barons , and all the commons of the realme willingly and with one assent have granted the ninth lambe , ninth sheafe , and ninth fleece , &c. and of cities and burroughs the ninth part of all their goods and cha●●●ls ▪ &c. in aide of the good keeping the realme as well by land as by sea , &c. * we your p●ore commons desire your excellent majesty willingly to accept and receive these our poore grants hereafter following , as granted of free hearts and good wils , as the first-fruits of our good wils and hearts , &c. by the advice and assent of the lords spirituall and temporall , give & grant , for the defence of your realm , and the keeping and safegard of the seas , &c. one subsidy called tonnage , &c. * the prelates and clergy , &c. as a speciall and significant testimony of their loyall affection , &c. with one affection and uniforme consent have given & granted foure whole and intire subsidies . * we your commons assembled in your high court of parliament , humbly present your majesty with the free & cheerfull gift of two intire subsidies , &c. all subsidies and taxes then being the free gift of the commons , clergy and p●eres in parliament , and that onely for the defence of the kingdome by sea and land ; it is infallible , that they do , may and can oblige themselves , and those they represent , to pay such publike taxes , to this end , without the kings concurrence . thirdly , this is cleare by considering , that the commons and lords in parliament have alwaies had : . and absolute right and power to grant or deny taxes , subsidies , aydes and assistance as they saw occassion . * . to proportion the aydes and subsidies granted . . to limit the certaine manner , waies , and times of paying and levying them ; and the persons who shall either pay , assesse , collect , receive , or disburse them . . the ends and uses to which they should be imployed when leavied , debarring the king oft times ( when they saw cause ) of any power at all to receive or dispose of them , appointing collectors , and treasurers of their owne to receive and issue them out againe , by the advice and directions of these , as themselves prescribed ; for which i shall give you some few instances of note in lieu of many more , that might be remembred . * anno . being the yeere of henry the third , the parliament after many contestations with the king for his fraud , oppressions , favouring of aliens , &c. to the kingdomes detriment ; the king by oath pr●m●sing amendment , granted unto him the thirtieth part of all their moveables ( excepting ready money , horse , and armour , ) to be imployed for the common wealth , and benefit of the realme ; with this condition often annexed , that the king should leave the counsell of aliens , and onely use that of his naturall subjects . and for more security it was ordained , that foure knights of every shiere , and one clerke of the kings in every severall shiere , shall upon their o●thes collect , receive and deliver the said subsidy either into some abbey or castle , to be safely reserved there , and disposed of for the benefit of the king and kingdome , by the view and counsell of the earle warren or others , when there should be need : or otherwise if the king f●iled in performance of his promises and grants , it ought to be faithfully restored and distributed to the country whence it was collected . * in the . yeere of king edward the . anno . the parliament ( not daring to trust this prodigall mis-counselled king with moneys ) instead of subsides , granted him an aide of armed men against the scots : london set forth . canturbury . saint albanes . and so all other burroughs and cities according to their proportion , whereby a great army was leavied . the parliaments of e. . c. . . stat. . & stat. . c. . . e. . parliament & . ( forecited at large , part . . p. . . ) h. . num. . iac. c. . particularly direct how the subsidies granted shall be disposed of by certaine nobles and others , whom they nominate , and appoint treasurers to receive and issue them to the ends for which they granted them , prescribing them an oath to issue none of them to other purposes , or in any other maner then they prescribed . yea the acts of former parliaments , and this present concerning tonnage . poundage , polemoney , and subsidies , frequently do the like . therefore the granting and disposing of those taxes , aydes , subsidies rests wholly in the commons , and lords ; and no waies on the king , who commonly desires the parliament to great them . fourthly , this is further evidenced , by the kings usuall answer and assent unto such bills as these : * le roy remercy ses loaulx subjects accept lour benevolence , & auxy le v●ult ; taking it wholly as a free grant from them ; which assent in this case is rather formall then substantiall , it being the commons and lords owne consent only to bils of this nature , not the kings , that make the taxes and impositions binding as the forecited statutes , the petition of right caroli ; * fortescue , and our lawbookes resolve , and i have elsewhere manifested more at large . therefore the want of the kings assent , or disassent to the parliaments present ass●ssement for the kingdomes necessary defence in the present extremity ( when the king not onely wilfully absents himselfe from , but hath raised armes against the parliament ) is not materiall nor simply necessary in point of law , though usually requisite and necessary for formality sake , at other seasons , to compleat such acts ; since sepenumero necessitas vincit legem , & quod necessarium est , lici●um est ( as this assessement now is ) though all formalities be not punctually observed ; as is resolved in dormers case . cooke l. . f. . b. fiftly , it is undeniable , that the knights , citizens , burgesses , and commons in parliament , elected by the suffrages of the severall counties , cities , and burroughs of england , do * really and legally represent all the commons ; and the lords and they the whole realm , and all the people of england : so that what ever tax is imposed and assented to by them , or by both houses onely without the king ( who represents no man but himselfe alone ) is in point of law imposed and assented to by all the commons , and whole realm of england , ( as the recitals in all our statutes , and law-bookes resolve ) though the king assent not to it , if therefore ( as our * law-books clearely resolve without dispute , and the experience of all corporations , parishes , and mannors evidenceth past contradiction ) all ordinances and bylaws made for the common good of corporations , parishioners , tenants of a mannor , and the like , by all or the greater part of the corporations , parishioners . tenants , and taxes imposed by them for the common good ( as repairing of churches , high-waies , bridges , reliefe of the poore , and the like ) shall binde the rest : even in point of law , without the kings assent . then by the same , or better reason , the imposi●ions and taxes now laid upon the subjects by the assent and ordinances of both houses of parliament , representing the whole commons and realme of england ( who actually assent likewise to these taxes and assessements in and by them ) must and ought in point of law to oblige all the subjects in this case of necessity , ( at least ▪ as long as the parliament continues sitting , and this their representation of them remains entire ; ) especially being for the necessary defence of the parliament , kingdome , religion , all our lives , estates , liberties , lawes , against an invading army of papists and malignants , in a case of extraordinary extremley . this i shall further cleare by some ancient and late judgements in point . m●ch . . ed. . rot . . in the kings bench william heyb●rne brought an action of trespasse against william keylow , * for entering his house and breaking his chests , and taking away pounds in money ; the defendant pleading , not guilty , the jury ●ound a speciall verdict : that the scots having entred the bishopricke of durham with an army , and making great burning and spoyles , thereupon the commonalty of durham , whereof the plantiffe was one , met together at durham , and agreed to send some to compound with them for a certaine summe of money to depart the country and were all sworne to performe what compositions should be made , and to performe what ordinance they should make in that behalfe ; and that thereupon they compounded with the scots for ma●kes . but because that was to be paid immediately , they all consented , that william keylow the defendant and others , should goe into every mans house to search what ready money was there , and to take it for the raising of that summe and that it should be suddenly repaid by the communalty of durham : and that thereupon the defendant did enter into the plaintiffs house , and broke open the chest , and tooke the seventy pounds , which was paid accordingly towards that composition . and upon a writ of error in the kings bench , it was adjudged for the defendant against the plaintiffe , that the action did not lie , because he himselfe had agreed to this ordinance , and was sworne to performe it , and that the defendant did nothing but what he assented to by oath ; and therefore is accounted to doe nothing but by his consent , as a servant to him and the commonalty of durham therefore he was no tresp●sser . ; which case was agreed for good law by all the iudges , in the late case of ship-money argued in the exchequer chamber ; though neither king nor parliament consented to this taxe or composition . this is the parliaments present case in effect : the king having raised an army of papists , delinquents , forraigners , irish rebels , disaffected persons , and actually invading the kingdom and parliament with it ; hereupon the parliament were inforced to raise an army to defend themselves and the realm against these invasions ; for maintenance where of , they at first made use onely of voluntary contributions and supplies ; proceeding onely from the liberality of some private persons , best affected to the publike service ; which being xehausted , the lords and commons considering what a solemne covenant and protestation themselves had made and taken , and the subjects likewise throwout the realm , to maintain and defend , as farre as lawfully they might with their lives , power and estates , the true reformed prote●tant r●ligion . &c. as also the power and priviledges of parliament , the lawfull rights and liberties of the subject , and every person that maketh this protestation , in whatsoever he shall do in the lawfull pursuance of the sam , &c. as in the protestation ( made by both houses consents when fullest : ) and considering that the whole commons and kingdoms assents were legally and actually included in what they assented in parliament , for the necessary defence of the realm , the subjects , parliaments priviledges , rights , and the reformed religion ( all actually invaded , endangered ) by an ordinance of both houses , without the kings consent ( then absent from , and in open hostilitie against them ) impose a generall assessement upon all the subjects , not exceeding the twentieth part of their estates ; and for non-payment prescribe a distresse , &c. why , this assessement in this case of necessitie , being thus made by assent of both houses ( and so of all the kingdom in them ) in pursuance of this protestation , should not as legally , yea more justly oblige every particular subject , though the king assented not thereto , as well as that agreement of the men of durham , did oblige them even in point of law , justice , conscience , transcends my capacitie to apprehend : and if the first case be law , as all the judges then , and of late affirmed , the latter questionlesse must be much more legall , and without exceptions , a m. . and . eliz. in the kings bench , in the chamberlain of londons case , it was adjudged , that an ordinance made by the common councell of london only , that all clothes should be brought to blackwell-hall , to be there veiwed , searched , and measured , before they were sold , and that a penny should be paid for every cloth for the officer that did the same , and that six shillings eight pence should be forfeited for every cloth , not brought thither and searched ; was good to binde all within the citie , and that an action of debt would lye at the common law , both for the duty , and forfeiture , because it was for the publike benefit of the city and common-wealth , b m. . eliz. in the common-pleas , it was adjudged in clerks case ; that an ordinance made by assent of the burgesses of saint albanes , whereof the plaintiffe was one for ass●ssing of a certain summe of money upon every inhabitant , for the erecting of courts there ( the terme being then adjourned thither from london , by reason of the plague ) with a penalty to be levyed , by distresse , for non-payment of this tax , was good to bind● all the inhabitants there , because it was for the publike good . c mich. . and . eliz. in the kings bench , william● iefferies case , and pasch. . eliz. pagets case , it was resolved ; that the church-wardens with the greater part of the parishioners assents , may lay a taxe upon all the parishioners , according to the quantitie of their lands and estates , or the number of acres of land they hold ( the taxe there was four pence an acre for marsh-land , and two pence for earable ) for the necessary reparation of the church ; and that this shall binde all the inhabitants , so as they may be libelled against in the spirituall court for non-payment thereof , and no prohibition lieth . the like hath been resolved in sundry other cases . and , by the common-law of england whereby the breach of d sea-walls , the country is , or may be surrounded , every one who hath lands within the levell or danger , which may have benefit , or losse , by the inundation , may and shall be enforced to contribute towards the repair , and making up of the sea-walls , and a reasonable tax assessed by a iury , or the major-part shall binde all the rest , because it is both for their own private , and the common good . if the law be thus unquestionably adjudged in all these cases , without the kings assent , then much more must this assessement imposed by both houses be obligatory , in point of law and justice , though the king consented not thereto , since the houses , and whole kingdom consented to it , for their own defence and preservation . sixthly , this is a dutie inseparably incident by the fundamentall law , and originall compact of every kingdom , citie , corporation , company or fraternitie of men in the world ; that every member of them should contribute proportionably upon all occasions ( especially in cases of imminent danger ) toward the necessary charges , defence , and preservation of that kingdom , citie , corporation , company , or fraternitie , of which he is a member , without which contribution , they could be neither a kingdom , citie , corporation , company , fraternitie , or have any continuance , or subsistence at all ; which contributions are assessed by parliaments in kingdoms , by the aldermen , or common-councell in cities , by the master and assistants in fraternities , and what the major part concludes , still bindes the residue , and the dissent of some ( though the major , or master of the company be one ) shall be no obstacle to the rest . this all our acts concerning subsidies , aydes , tonnage and poundage the daily practice and constant experience of every kingdom , citie , corporation , company , fraternitie in the world , manifests past all contradictions ; which being an indubitable veritie , i think no reasonable man can produce the least shadow of law or reason , why the parliament representing the whole body of the kingdom , and being the supream power , counsell , in the realm ; bound both in dutie and conscience , to provide for its securitie , may not in this case of extremitie legally impose this necessary tax , for their own , the kingdoms , subjects , laws , religions preservations ( of which they are the proper judges , gardians ) and should not rather be credited herein then a private cabinet court-counsell of persons disaffected to the republike , who impose now farre greater taxes on the subjects , and plunder , spoyl , destroy them every where directly against the law , of purpose to ruine both parliament , kingdom , religion , laws , liberties , and posteritie . seventhly , it is confessed by all , that if the king be an infunt , non-compos absent in forraign remote parts , or detained prisoner by an enemy , that the kingdom or parliament in all such cases , may without the kings actuall , personall assent , create a protector or regent of their own election , and not onely make laws , but grant subsidies , impose taxes , and raise forces for the kingdoms necessary defence , as sundry domestick and forraign presidents in the preceding e parts , and appendix , evidence ; and f hugo grotius , g iunius brutus , with other lawyers acknowledge as a thing beyond all dispute . nay , if the king be of full age , and within the realm , if a forraign enemy come to invade it , and the king neglect or refuse to set out a navy , or raise any forces to resist them , the lords and commons in such a case of extremitie may , ( and are bound in law and conscience so to do ) for their own , and the kingdoms preservation , not onely in and by parliament , but without any parliament at all ( if it cannot be conveniently summoned ) lawfully raise forces by sea and land , to encounter the enemies , and impose taxes and contributions to this purpose on all the subjects by common consent , with clauses of distresse and imprisonment in case of refusall , as i have elsewhere proved . and if in case of invasion , even by the common-law of the realm , any captains or souldiers may lawfully enter into another mans ground and there encamp , muster , or build forts to resist the enemy , or pull down the suburbs of a citie , to preserve the citie it self , when in danger to be fired or assaulted by an enemy , without the speciall consent of king , parliament , or the owners of the lands , or houses , without h trespasse or offence , because it is for the publike safetie , as our law books resolve ; then much more may both houses of parliament , when the king hath through the advice of ill councellors wilfully deserted them , refused to return to them , and raised an army of papists and malignants against them and the realm ( now miserably sacked and wasted by them , as bad as by any forraign enemies ) both take up arms , raise an army , and impose assessements and contributions by ordinances , unanimously voted by them , against which no lover of his country , or religion , no nor yet the greatest royallist , or malignant , can with the least shadow of law or reason , justly except . eightly , if they shall now demand what presidents there are for this ? i answer : first , that the parliament being the soveraign power and counsell in the realm , is not tyed to any presidents , but hath power to make new presidents , as well as new laws , in new cases and mischiefs ; where there are no old presidents , or vary from them though there be ancient ones , if better and fitter presidents may be made ; as every * court of justice likewise hath power to give new judgements , and make new presidents in new cases , and may sometimes swerve from old presidents , where there were no ancient presidents to guide them ; even as physitians invent new medicines , chyrurgions new emplaisters for new diseases , ulcers , or where old medicines and balsomes , are inconvenient , or not so proper as new ones . and as men and women daily invent and use new fashions at their pleasure , & tradesmen new manifactures without licence of king or a parliament , because they deem them better or more comely then the old . secondly , i might demand of them , by what old domestick lawfull presidents , his majestis departure from the parliament , his levying warre against it , his proclaiming many members of it , l traytors , and now all of them traytors and no parliament ; his unvoting of their votes in parliament , out of parliament ; his imposing of taxes and contributions in all countries where his forces are , beyond mens estates , and annuall revenues ; his burning , sacking , pillaging , murdering , ruining , of his own kingdom , subjects , both by sea and land , and putting them out of his regall protection ; his raising of an a●my of english , irish , scottish , french , and germane papists to maintain and settle the protestant religion among us , ( which they have plotted totally to extirpat ; as appears by their proceedings in ireland , england , and the late plot discovered among the archbishops papers ) and the like , are warranted ? ( which questions i doubt would put them to a non-plus , and silence them for eternitie : ) yet to satisfie their importunitie , and stop their clamorous mouthes ; i shall furnish them in brief , with some presidents in point in all states , and kingdoms of note informer in latter times , and in our own realm too ; in all the civill warres between kings and subjects , in the romane and germane empires , france , spain , aragon , castile , hungary , bohemia , poland , denmark , scotland , and other kingdoms mentioned in the appendix ; they shall finde that the generall assemblies of these states , lords & commons , without their emperors or kings assents , did both raise forces , impose taxes , yea , and seise on the imperiall and royall revenues of the crown to support their wars , against their tyrannicall oppressing princes . in * flaunders heretofore , and the low-countries of late yeers , th●y have constantly done the like ; as their excises long since imposed , and yet on foot by common consent ( without the king of the spains good liking ) to preserve their liberties , religion , estates , from the spanish tyranny , witnesse ; which every one willingly at the very first imposition , and ever since hath readily submitted to , being for the publike preservation . the like hath been done in former ages , and within these five yeers in the realm of scotland ; the same is now practised even without a parliament by the popish rebels both in ireland and england , who have laid taxes upon * all ireland , and all the romanists in england , for the maintenance of this present rebellion ; and yet neither king , nor his counsell , nor royallists , nor malignants ( for ought i can read or hear ) have ever so much as once written or spoken one syllable against it , when as many large declarations , proclamations , inhibitions in his majestie●s name , and at least fortie severall pamphlets have been published by malignants against this assessement of the parliament , and the levying , or paying thereof , strictly prohibited under pain of high treason ; such a grand difference is there now put by the royall court-partie ( to the amazement of all intelligent men ) between the irish rebels , ( now the kings best subjects as it seems ) who may do what they please without censure or restraint ; and the english ( now un-parliamented ( parliament , though perpetuated by an act of parliament ) who may do nothing for their own , or the kingdoms safety , but it must be high treason at the least o temporâ ô mores : quis talia fando temp●ret a lachrymis ? adde to this , * that the lords iustices and councell in ireland , the twenty nine of iune , , have without authoriti● of parliament or king , for their present necessary defence , against the popish rebels there , imposed an excise upon most commodities in that realm , here lately printed ; which no man can deem illegall in this case of absolute necessitie . but to come close home unto our selves ; who is there that knows ought in historie and policie , but must needs acknowledg● , that the brittains and saxons warres of this realm , against their oppressing kings , * archigallo , emerian , vortig●rne , sigebert , osred , ethelred , b●ornard , leow●lfe , edwine , ( whom th●y deposed for their tyranny and mis-government ; ) that our barons long-lasting bloody warres against king iohn , henry the third , edward the second , richard the second , and others fore-mentioned ; were maintained by publike assessements and contributions made by common consent , even without a parliament , and with the revenues and rents of the very crown , which they seised on , as well as the castles and forts ? this being a true rule in law , qui sintit commodum , sentir● debet & onus ; all the kingdom had the benefit , of regaining , preserving , establishing their fundamentall charters , laws , liberties , by those warres ; therefore they deemed it just , that all should bear a share in the charge and burthen , by voluntary assessements without king or parliament . during the absence of king edward the third in france ; the a lords and commons in parliament , for the defence of the realm by sea and land , against forraign enemi●s ; granted an ayde of the ninth sheaf , lamb , and fleece , besides many thousand sacks of w●oll , and the ninth part of other mens estates in towns and corporations , and disposed both of the money and militia of the realm , for its defence , as you heard before : the like did they during the minorities of king henry the third , king richard the second , and king henry the sixth , as the premises evidence , without those kings personall assents . b anno dom. . richard king of romans coming with a great navy and army of germans , and forraigners , to ayd his brother , king henry the third , against the barons ; thereupon , the barons sent out a ●leet to encounter them by sea , and prepared a strong army of horse and foot by land , that if they prevailed against them at sea , ( which they fear●d not , ) yet they might valiantly and constantly entertain and repulse them , on the shore and dry land ; which the king of romans being informed off , disbanded his forces , and came over privat●ly with three knights onely attending him . this was done without the kings assent , and yet at publike charge . when c king richard the first was taken prisoner by the emperour in his return from the holy land , by authority of the kings mother , and the kings iustices alone ( without a parliament ) it was decreed , that the fourth part of all that yeers rents , and of all the moveables , as well of the clergy , as of the laity , and all the woo●●des of the abbots of the order of the cistersians , and of semphringham , and all the gold and silv●r chalices , and treasure of all churches should be paid in , toward the freeing and ransome of the king ; which was done accordingly . if such a taxe might be imposed by the queen mother , and justices onely , without a parliament , for ransoming the king alone from imprisonment , may not a taxe of the twentieth part onely of mens estates be much more justly imposed on the subjects by an ordinance of both houses in parliament without the king , for the defence and perservation , both of the parliament and kingdom to , when hostily invaded by the king ? in few words , the king and his councell , yea his very commanders ▪ ( without his speciall commission or advice ) have in many countries imposed large monethly , weekly contributions and assessements on the people , beyond their abilities and estates ; yea , upon the very speaker and members of the commons , and lords house , ( notwithstanding their priviledges of parliament , which they say they will maintain ) to the utter impoverishing , and ruining of the country ; yea , they have burned , sacked , plundered , many whole towns , cities , counties , and spoiled thousands of all they have , contrary to their very promises , articles , agreements , which they never faithfully observe to any in the least degree ; and all this to ruine the kingdom , people , parliament , and religion ; yet they justifie these their actions , and the parliament , people , must not controule , nor deem them traytors to their country for it : and may not the parliament then more justly impose a moderate in-destructive necessary taxe without the king , for the kingdoms , religions , and peoples defence and preservations , against their barbarous taxes , plunderings , and devastations , then the king , or his commanders , souldiers play such rex , and use such barbarous oppressions without , yea against the parliaments votes and consents ? let them therefore first cease their own most detestable unnaturall , inhumane practises , and extortions of this nature , and condemn themselves , or else for ever clear the parliament , from this unjust aspersion . the last objection against the parliament is , that they have illegally imprisoned , restrained , plundered some malignants , and removed them from their habitations , against magna charta , the fundamentall laws forenamed , and the liberty of the subject , contrary to all presidents in former ages . to which i answer , first , that the objectors and kings party are farre more guilty of this crime , then the parliament , or their partisans , and therefore have no reason to object it , unlesse themselves were more innocent then they are . secondly , for the parliaments imprisoning of men pretended to be against magna charta : i answer first , that the parliament is not with in that or any other law against imprisonments , as i have formerly cleered ; therefore is not obliged by it , nor can offend against it : secondly , that it hath power to imprison , restrain the greatest members of their own houses * , though priviledged men , exmept from all other arrests ; and publike persons representing those that sent them thither : therefore much more may they imprison , or restrain , any other private persons , notwithstanding magna charta . and the parliament being the supreamest iudicaturo paramount all other courts , their commitments can not be legally questioned , determined , nor their prisoners released by habeas corpus , in or by any other inferior court or judicature whatsoever . . the parliament hath power to make new laws for the temporall and perpetuall imprisonment of men , in mischievous cases , where they could not be imprisoned by the common law , or any other act before or since magna charta ; and so against the seeming letter of that law w ch extends not to the parliament ; and what persons they may restrain , imprison by a new enacted law , though not restrainable before by a magna charta , or the common law , without breach of either , they may whiles they sit , in case of publike danger , restrain , imprison , by their own authoritie , without , or before a new law enacted . in how many new cases , by new statutes made since magna charta , the subjects may be lawfully imprisoned , both by judges , justices , majors , constable , and inferiour courts or officers ; whereas they could not be imprisoned by them , by the common law , before these acts , without breach of magna charta , and violating the subjects liberties , you may read in the table of rastals abridgements of statutes , and in ashes tables . title imprisonment , and false-imprisonment ; yea , by the statutes of . h. . cap. . . h. . cap. . . h. . cap. . . eliz. cap. . . and . phil. mary , cap. . . and . cap. . eliz. cap. . with others acts , perpetuall imprisonment , during life , is inflicted in some cases , for which no imprisonment at all could be prescribed before these acts , and for crimes , for which the parties were not formerly punishable ; yet for the publike weale , peace , safety , and prevention of private mischiefs , even against the letter ( as it were ) of the great charter the parliament hath quite taken away all liberty , the benefit of the common law , and of magna charta it self , from parties convicted of such offences , during their naturall lives ; and if they bring an habeas corpus in such cases , pretending their perpetuall imprisonment , and these latter laws to be against magna charta , they shall notwithstanding be remanded and remain prisoners all their dayes , because the parliament is above all laws , statutes , yea magna charta ; and may deprive any delinquents of the benefit of them , yea , alter or repeal them , for the common good , so farre as they see just cause ; though neither the d king , nor his counsell , nor iudges , nor any inferiour officers , or courts of iustice , have any such transcendent power , but the parliament alone , to which all men are parties , really present , and allowing all they do ; and what all assent to , decree for the common good and safetie , must be submitted to by all particular persons , though never so mischievous to them ; this being a fundamentall rule even in law it self e , that the law will rather suffer a private mischief , then a generall inconvenience . seeing then the parliament to prevent publike uproars , sedition , treachery , in or against the kingdom , cities , houses , or counties , where factious persons live , hath thought meet to restrain the most seditious malignants , ( especially these about london and westminster where they sit ) and to commit them to safe custody , till they receive some good assurance of their peaceable behaviour ; they must patiently suffer their private restraints for the common safety , tranquility , till the danger be past , or themselves reformed ; who if they reform not their own malignity , not the parliaments cautelous severity , themselves must be blamed , since they detain themselves prisoners only by not conforming , when as the parliament desires rather to release , then restrain them , if they would be regular ; and so they must blame themselves alone , not clamour against the houses . all leprous persons by the f leviticall and g common law , were to be sequestred and shut up from others , least they should infect them ; and so all persons visited with the plague by late h statute laws may be shut up , without breach of magna charta . why then not malignant , seditious ill affected persons , who infect others in these times of commotion and civill warres , as well as leapers and plague sick persons , removed into pest-houses , for fear of spreading the infection upon the self-same grounds , by the houses authority ? the parliament by an ordinance , act , or sentence , hath power to banish men out of the kingdom in some cases ( which no other court , nor the h king himself can lawfully d● , as was expresly resolved in parliament , upon the making of the s●atute of . eliz. cap. . ) as is evident by the case of thomas of weyland , an. . e. ; of i peirce gav●ston and the two spencers in king edward the second his raign . of the lord k maltravers in edward the third his raign ; of l belknap and divers , over iudges in the and y●ers of richard . his reign , by the statutes of . el. c. . separatists , and of . el. c. . rogues are to be banished : and in m calice heretofo●● , a woman might be justly banished the town for adultery ; and a scould at this day after three convictions is to be banished out of westminster , and rowed over the thames from thence thorough the water at the tayl of a boat , for the quiet of the city . then much more may any private seditious turbulent malignants be justly restrained to some safe places where they may do no harme , till the warres and troubles be ended , or themselves reclaimed . fifthly , by the m common and staetute law of the realm , yea by n magna charta it self , cap. . the lands , rents , goods , and persons of priors , and other aliens , merchants , or others , residing in england may be , and have been usually seized on , and s●cured , or else their persons banished the realm , and lorders of england , during the warres with others of that nation , least they should assist them in the warres with their estates , persons , or intelligences , or betray the kingdom , or places where they resided to the enemy ; and upon this ground by the expresse statutes of . h. . cap. . . . h. . cap. , . . h. . cap. . . h. . cap. . . h. . cap. . the irish , brittains , welshmen , and scots , because we had frequent warre● with them , were not permitted to purchase either houses or lands , or to remain in any fort , town , or city , neer the borders of scotland , or w●l●s , but banished thence , and their goods . and persons , seised on in times of warre , to prevent tr●achery , intelligence , and assistance of the enemy a thing generally practised and warranted in all states and kingdoms , ( as well as in england , ) ●y the very law of nations , as just and necessary in times of warres ; as martinus laudensis de repraesaliis & de bello , henricus ranzovius his commentarius bellicus , geergius obbr●ctus : disput : iuridica de bello , henricus boe●rus de iure pr●gnae , hugo grotius , & albericus gentilis , in their books de iure belli , and all historians evidence : therefore lawfull for the parliament to practise at this present , as well as the king , or any others . sixthly , in times of forraign invasions ▪ the parliament hath enjoyned all inhabitants neer the sea-coasts or marches of scotland and wal●s , to repair to their houses and lands ther● , with all their families , for the d●fence and safetie of the realm , under pain of imprisonment , and confi●cation of their goods , and revenues there , and elsewhere , as is evident by . e. . nu . . parl. . and parl. . n. . . eliz. c. . the * statutes confining papists , to their houses , and sundry other presidents . therefore by like reason they may confine malignants in times of warre , for the publike peace and safetie , and disarme them to for a time ; a , constables may by the law , disarme and imprison peace-breakers , fray-makers , riotors , and others to prevent bloodshed , quarrels , and preserve the publike peace . thirdly , for the plundering of malignants , and sequestring their estates ; i answer , that , i think the parliament never yet approved the plundering ( or in plain english , robbing ) of any man , by any of their forces ; they having plundered no places taken by assault , for ought i hear ; though the kings forces on the contrary , have miserably plundered all the kingdom almost , ( except the papists who are most exempted from this rapine , and some few , chief malignants , ) yea , those very persons , souldiers , cities , towns , which by their very articles of surrender , were not to be plundered ; ( witnesse , taunton , bridgewater , bristol , gainsbo●ow , where many have been pillaged to their naked skins , notwithstanding their ariticles of agreement , solemnely sworn , to depart quietly with bag and baggage , without interruption , and the towns to be free from plunder ) contraty to the very * law of warre , and arms ; which may instruct all others not to trust them henceforth . if any of the parliaments forces have misbehaved themselves in plundering any malignants or disaffected persons , more then by seising , of their arms , distraining their goods for imposed assessements ; or sequestring their plate , moneyes , estates , for the publike service upon promise of repayment and restitution ; i know the houses have publikely , by expresse ordinances , inhibited , disavowed the fact , and exposed the disorderly delinquents to condigne punishments , even to the losse of their lives , if any please to prosecute them by way of inditement or martiall law. for my part i abhorre all violence , plunder , rapine , and disorders in souldiers , as contrary to the law of god , obadiah . to . luke . . and leave those who are guiltie of them to the severest publike justice , as offenders against the o law of nature , of nations , of the land , yea , of warre it self : but god forbid the parliament should be unjustly charged with all the misdemeanours of their souldiers , which they prohibit , detest , censure ; more then the king with all the barbarous rapes , murthers , cruelties , rapines , and monstrous insolencies , which his cavaliers every where perpetrate without punishment or restraint ; especially the blood-thirsty irish popish rebels among them : who having shed so much english protestants blood in ireland , ere they came over hither , of which they vaunt , is such an high dishonour to god , and the english nation , if their own blood be not shed for it by the hand of vengeance here ; that i wonder with what face or spirit , his maj●stie or any english protestant can patiently suffer these irish rebels to shed any more protestant english bloud , or breath in english ayre , who have cut the throats of so many thousand innocent english , both here and elsewhere , and are like to cut all our throats ere long ( as they have designed ) unlesse their throats be first cut by us . but yet for the plundering of such malignants goods , and houses , who are opposite to the whole kingdom and parliament , and will not joyn with them in the common cause , which concerns us all ; as it hath sundry p patterns in the barons warres , against the poictovines and their faction , in henry the third his raign , and after wards against the spensers , in edward the second dayes formerly touched ; so it hath one observeable generall resolution of the whole body of the lords and commons , warranting it in king iohns raign , even then when they all took up armes to enforce him to confirm the great charter it self , which our opposites cry out to be violated by the parliaments moderate s●isures , onely by way of distresse or sequestration : q for the barons , knights , and commons , with their whole army being met together in london , which joyned with them to gain this charter from the king ; sent from thence letters to all the earls , barons and knights throughout england , who seemed ( though but fainedly ) to adhere to the king , exhorting them with this commination ; that as they loved the indemnitie of their goods , and possessions , they should desert a perjured king , and adhearing faithfully to them , should with them inviolably stand , and effectually contend for the liberties and peace of the kingdom ; which if they contemned to do , th●y would with force of arms , and banners displayed , march against them as publike enemies , subvert their castles , burn their houses and edifices , and not cease to destroy their ponds , parkes , and orchards . whereupon all the lords , knights , and people , deserting the king , who had scarce seven knights i● all left with him , confederated themselves to the barons in the common cause . ( wherein to be a neuter , was to be an enemy , and no member of the politicke body , in which all were equally engaged . ) whereupon the king thus deserted by all condescended speedily to their demands , and confirmed the great charter much against his will. a very apt president for these times , which would make the people more unanimous , faithfull , and couragious for the common cause , if but imitated in the commination onely , though never put into actuall execution ; he being unworthy once to enjoy any priviledge of a free-born subject in the kingdom , who will not joyn with the parliament and kingdom , to defend his libertie , and the kingdoms priviledges , in which he hath as great a common share , as those who stand , pay , and fight most for them . it is a good cause r of disfranchising any man out of any citie , corporation or company , and to deprive him of the priviledges of them , if he refuse to contribute towards the common support , defence , or maintenance of them , or joyn in open hostilitie , contributions or suites against them . there is the same and greater reason of the generall citie and corporation of the whole realm , to which we are all most engaged ; and therefore those who refuse to contribute towards the defence and preservation of it , if able ; or by their persons , purses , intelligence , or counsell , give any assistance to the common enemy against it , deserve to be disfranchised out of it , to have no priviledge or protection by it , and to be proceeded against as utter enemies to it , christs rule being here most true , s he that is not with me , is against me ; and he that gathereth not with me , scatter●th abroad . the t common-wealth of which we are members , hath by way of originall contract for mutuall assistance and defence ( seconded by the late protestation and covenant ) a greater interest in our persons , and estates , then we our selves , or the king ; and if we refuse to ayd the republike , of which we are members in times of common danger , with our persons , abilities , goods ; or assist the common enemy with either of them ; we thereby betray our trust and fidelitie , violate our covenants to the republike , and expose our bodies to restraint , our estates to confiscation , for this most unnaturall treachery , and sordid nigguardlinesse ( as well as for treason , fellony , or other more petty injuries against the state , or humane societie , made capitall by the laws ) most justly , for the publike service of the state , which hath a generall soveraign interest in them in all times of need , paramount our private rights , which must alwayes submit to the publike : and lose all our formerly enjoyed priviledges , either of laws , liberties , or free-born subjects , if we refuse to defend , or endeavour to betray them , as the laws and common practise of all nations evidence . in the u barons warres against king iohn , henry the third , and edward the second , in defence of their liberties , and laws , they seised upon the castles , forts , and revenues of the crown , and upon the moneyes , and goods of the x priors aliens , and malignant poictovines , which they imployed in the kingdoms service y eodem tempore castellanus de dovera , richardus de gray , vir fidelis & strenuus , qui ex parte baronum ibidem constituebatur , omnes transeuntes & transituros , diligenter considerabat , cuncta prudenter perscrutando , & invenit non modicum thesaurum paratum , dictis pictaviensibus clanculo deferendum ; qui totus captus est , in castro reseruandus . similiter londini apud novum templum the saurus maximus , de cujus quantitate audientes mirabantur , quem reposuerunt pictavienses memorati , licet contradicentes reniterenter hospitelarii , captus cst ; ad arbitrium regis et baronum in utiles regni usus utiliter exponendus , writes rishanger the continuer of matthew paris ; a good president for the present times : after which the z barons banished all the poictovine malignants , who miscounselled and adhered to the king , out of england , anno ; who anno . were all banished out of london , and other cities , and forts . * an. . the earl marshall having routed john of monmouth his forces ( which assisted king henry the third against the barons ) in wales , he wasted all the said johns villages and edifices , and all things that were his , with sword and fire , and so of a rich man , made him poor and indigent . in the very christmas holy-dayes , there was a grievous warre kindled against the king and his evill counsellors . for richard suard conjoyning other exiles to him , entred the lands of richard earl of cornwall , the kings brother , lying not farre from behull , and burned them , together with the houses , and the corn● , the oxen in the ox-stalls , the horses in the stables , the sheep in the sheep-cots : they likewise burned segrave the native soly of stephen , iusticiar of england , with very sumptuous houses , oxen , and corne ; and likewise brought away many horses of great price , returning thence with spoils , and other things . they likewise burned down a certain village of the bishop of winchesters , not farre from thence , and took away the spoils , with other things there found . but the foresaid warriers had constituted this laudable generall rule among themselves , that they would do no harme to any one , nor hurt any one but the wicked counsellers of the king ▪ by whom they were banished ; and those things that were theirs , they burnt with fire , extirpating their woods , orchards , and such like by the very roots . this they did then de facto ; * de jure , i dare not approve it , though in cases of attaint and felony , the very common law to terrifie others , gives sentence against perjured juries , traytors , and felons , in some cases , that their houses shall be raced to the ground , their woods , parkes , orchards , ponds , cut down and destroyed ; their * meadowes , and pastures , plowed up and defaced , though not so great enemi●s to the state , as evill counsellors . * anno . the forty eight yeers of henry the third his raign ; the king keeping his christmas with the queen , richard king of romans , and many others at london , simon montford the captain of the barons at the same time , preyed upon the goods of these who adheared to the king , and especially those of the queens retinue , brought by her into england , whom they called aliens . among others , some of the barons forces took peter , a burgundian , bishop of hereford , in his cathedrall church , and led him prisoner to the castle of ordeley , and divided his treasure between themselves ; and took divers others of the kings partie prisoners . who thereupon fearing least he should be besieged in the tower by the barons army , by the mediation of timorous men , be made peace with the barons for a time ; promising inviolably to observe the provisions of oxford , that all the kings castles thoroughout england , should be delivered into the custody of the barons ; that all aliens within a certain time should void the realm , except those who should be thought faithfull thereunto by the unanimous consent of the kingdom , and that faithfull and profitable natives of the realm , should thenceforth dispose of the affairs of the kingdoms under the king. but the queen instigated with foeminine malice , contradicted it all she could , wh●ch made the people revile , and cast dirt and stones at her , as she was going to windsore , enforcing her to retire again to the tower. how william long shamp bishop of ely , lord chancellour of england , earl iohn , and others , when they disturbed the peace of the realm , and turned malignants , were apprehended , besieged , imprisoned , excommunicated , and their goods , and castles , seised on by the lords and commons , out of parliament , yea , during the time of king richard the first his absence and captivitie , you may read at large in * roger de hovedon , * holinshed , daniel , and others . why then the lords and commons in parliament may not now much more do the like , ●or their own , and the whole kingdoms safety , i can yet discern no shadow of reason . i will not trouble you with histories , shewing what violent unlawfull courses , kings and people have sometimes used to raise moneyes in times of warre , by sacriledge , rapine , and all manner of indirect means ; i rather wish those presidents , and their occasions , buried in eternall silence , then reduced into practise ; and verily perswade my self , that every ingenuous true born englishman , who hears a reall naturall affection to his countrey , or a christian love to his brethren , the parliament , and religion , will according to his bounden duety , the protestation , and covenant which he hath taken , rather freely contribute his whole estate , if need so require , towards the just defence of his countrey , libertie , religion , and the parliament , against the treacherous conspiracies of the pope , jesuites , forraign catholikes , irish rebels , english papists , and malignants , who have plotted their subvertions , then repine at , or neglect to pay any moderate taxes , which the parliament shall impose , or inforce the houses to any extraordinary wayes of levying moneyes , for want of ordinary voluntary supplyes , to maintain these necessary defensive warres . i shall close up all in a few words . the parliament hath much against their wills , been inforced to this present defensive warre , which they have a most just , and lawfull power to wage and manage ( as i have * elsewhere evidenced ) by the fundamentall laws of the realm , yea , by the law of god , of nature , of nations this warre cannot be maintained without moneyes , the sinews of it ; wherefore when voluntary contributions fail , the houses may by the same laws which enabled them to raise an army without the king , impose necessary taxes for the maintaining of it , during the warres continuance , else their legall power to raise an army for the kingdoms defence , would be fruitlesse , if they might not levy moneyes , to recrute and maintain their army , when raised : which taxes if any refuse to pay , they may for this contempt , be justly imprisoned , as in cases of other sud●idies ; and if any unnaturally warre against their countrey , or by way of intelligence , advise , or contribution , assist the common enemy , or s●duce , or withdraw others ( by a factious slanderous speeches against the power and proceedings of the parliament , ) from assisting the parliament in this kinde , they may for such misdemeanours ( upon conviction ) be justly censured , confined , secured , and their estates sequestred , rather then the republike , parliament , religion , or whole kingdom should miscarry : it is better that one should perish , then all the nation ; being the voyce * of god , nature , and resolution of all laws , nations , republikes , whatsoever . if any hereticall , scismaticall , or vitious persons , which may poyson others with their pernicious false doctrin●s , or vitious wicked lives , appear in the church , they may after admonition , if they repent not , yea , and de facto , are , or ought to be * excommunited , the church , and societie of all faithfull christians , so as none may , or ought to converse with them till their repentance . if this be good law and divinitie in the church ; the banishing and confining of pestilent malignants in times of warre , and danger , must by the self-same reason be good law and divinitie in the state. ●i have now ( by gods assistance ) notwithstanding all distracting interruptions , avocations , remoraes incountring me in this service ; ran through all objections of moment , which the king , or any opposites to this parliament , have hitherto made against their proceedings , or jurisdictions ; and given such full answers to them , as shall , i trust , in the generall , abundantly clear the parliaments authoritie , innocency , integritie , against all their clamarous malignant calumnies , convince their judgements , satisfie their consciences , and put them to everlasting silence , if they will without prejudice or partialitie , seriously ponder all the premises , and ensuing appendix , which i have added for their further satisfaction , information , conviction ; and the confirmation of all forecited domestick laws , presidents , by forraign examples and authorities of all sorts . and if any shall yet continue obstinate and unresolved after so many convincing reasons , presidents , authorities , or still retain an ill opinion of the parliaments proceedings ; i shall desire them onely seriously to consider , the most execrable conspiracy of the pope , jesuites , and popish party in all his majesties three realms to extirpate the protestant religion , subvert the government , parliament , and poyson the king himself , ( if he condescend not to their desires , or crosse them in their purposes , ) whom they have purposely engaged in these warres , still continued by them for this very end , to enforce the king to side with them , and so gain possession of his person , to accomplish this designe of theirs , ( as is cleerly evidenced to all the world , by romes master-peece , the english pope , the declaration of the lords and commons , concerning the rise and progresse of the irish rebellion , ) and then advisedly to consider in what great present danger the kingdom , king , parliament , and religion are , when the popish partie , and forces now in arms have gained the kings , princes , and duke of yorkes persons into their custodie , the cities of chester , and of late bristoll , the keyes of england , with other ports , to let in all the irish rebels upon us , to cut our throats in england , as they have cut above an hundred and fortie thousand of our protestant brethrens throats already in ireland , it being one part of their designe , now presently to be executed , as appears by sundry examinations in the irish remonstrance ; for which end , some thousands of irish rebels ( who have all embrued their hands there in english bloud , ) are already landed here , and are in great favour and command about the king ; to which , if they adde the omnipotent over-ruling power of the queen ( the head of that partie ) with the king , and his councell , in disposing all officers , all places of command and trust under him : the confederacie and contributions of forraign popish states , to maintain this warre to ruine the parliament , kingdom , religion , and re-establish popery in its universall extent ; with the large of progresse the papists have lately made in ireland , scotland , and england , to accomplish this their long-agitated conspiracie ; and the late strange proceedings in ireland , where the best protestants are displaced , disgraced , restrained ; the popish rebels advanced , and a truce negotiated , if not fully concluded with the rebels , to the end that all their forces may be speedily transported hither to ruine our religion , and cut all our throats ( enough to awake the most stupid english spirits , and rouze them , up to a speedy unanimous resolution to unite all their purses , and forces to the parliament , against the popish conspirators , and these bloody butchers now ready to devoure us : ) and then i doubt not , if they have any true love to god , religion , king , countrey , themselves , or their posterities , they will soon change their former opinions and practises against the parliaments just proceedings and joyn hearts , hands , forces , yea , their uttermost endeavours with them , to prevent and ward off that imminent destruction which now hangs over our heads , and will in short time wholly ruine us , if god open not our eyes , and unite not all our hearts and mindes unto the parliament , with one unanimous resolution to oppose these cursed confederates , who have plotted , occasioned all these warres and miseries , under which our kingdomes now groan and languish ; which long plotted treacherie in humane probabilitie can no wayes be prevented , nor a settled peace , and reformation established , but with the totall suppression of the popish partie now in arms , and by rescuing his majesties person , children , forces out of their trayterly hands and power , whose death they have conspired long agoe , if he refuse to grant them an universall open toleration of their antichristian religion , in all his kingdoms , and then to seise upon the prince , and train him up in their religion ; which how easie it is for them to effect , now they have the king , prince , duke , the kings forts , his forces in their power , yea potent armies of their own in the field here , and such a force of irish rebels now ready to be shipped over to chester , milford , and bristoll , for their assistance , and enfor●ement , to over-power the protestant party in the kings armies , no understanding man can withou● fear and trembling , co●sider . o then , if ever we will shew our selves faithfull , valiant , couragious , magnanimous , bountifull , really cordiall , and loyall to our king , kingdoms , countrey , parliament , religion , laws , lives , liberties , kinred , families , posterities ; let all who professe themselves protestants lay aside all causelesse jealousies and prejudices against the parliament , or any others ; and now speedily unite all their prayers , hearts , hands , purses , forces , counsells , and utmost endeavours together , to defend , secure them all against these forraign and domestice jesuiticall romish confederates ; and if any prove traiterous , fearfull , cowardly , unfaithfull , base , or faint-hearted in this publike cause , as too many , ( who deserve to be made spectacles of treachery and cowardise to posteritie , and cannot without injustice or dishonour to the parliament and kingdom , be suffered to scape scot-free , without severe exemplary punishment , ) have done , to their eternall infamy , and betraying of their countrey ; the present generations shall abhorre them , posteritie curse , and declaim against them , as most unnaturall monsters , unworthy to breath in english ayre , or enjoy the name , the priviledges of english men , or protestants . there is a double kinde of treachery in souldiers , both of them adjudged capitall . the first proceeds from a sordid pusillanimous fear , unworthy the spirit of a souldier : and this is capitall , both by the civil and common law. by the * civill law ; the souldiers who first begin to flye , or but fain themselves sick , for fear of the enemy , are to be adjudged to death for t●is their cowardize . yea lacaena and dametria , two magnanimous women , slew their timorous sonnes , who fled basely from the battle , with their own bands , disclaiming them as degenerous brats , and not their sonnes ; the latter of them inscribing this epitaph on her sonnes tombe . hunc timidum mater dametriam ipsa peremit , nec dignum matre , nec lacedaemonium . indeed * charondas and the thurians , enacted , that cowards who basely fled or refused to bear arms for their countries defence , should set three dayes one after another in the open market-place , clad in womans apparell ; ( a pun●shment farre worse then death it self , writes diodorus siculus ) where as all other lawyers made it capitall ; yea , our * common law adjudgeth it treason : witnesse the notable cases of g●mines and weston , . r. . num . , . who were adjudged traytors in parliament for surrendering two castles in france , onely out of fear , when they were strongly besieged , and battered , sooner then they needed , without any compliency with the enemy : the case of * iohn walsh esquire , accused of high treason in parliament against the king and kingdom , for yeelding up the castle of cherburg in france , to the enemy , when as be might have defended it . and the case of * henry earl of essex , in the second yeer of henry the second , accused of high treason , by robert de monfort , and vanquished by him in a duell , waged thereupon ; for throwing down the kings standard ( which he bare by inheritance ) and flying , in passing a straight , among the mountains , when fiercely encountred by the welsh . for which , though his life was pardoned , yet he was adjudged to be shorne a monke , put into the abbey of reading , and had his lands seised into the kings hands . and as for * treacherous revolting to , or delivering up castles to the enemy , it is capitall , and high treason by all laws , and so the resolved in parliament , . r. . in the case of * thomas ketrinton esquire , accused of high treâson by sir john ann●sley knight , for delivering up the castle of saint saviour in the isle of constantine , to the french , for a great summe of money , when as he neither wanted provisions , nor means to defend it . as for those unnaturall vipers , and traytors , who shall henceforth ( after this discovery ) joyn with the popish conspirators , to ruine their religion , countrey , and the parliament , for private ends , as * count iulian the spaniard joyned with the mores , an. dom. . whom he brought into spain , his native countrey , furiously pursuing his own private injury with the ruine of the publike . i shall onely bestow his epitaph upon them , with which i shall conclude this treatise . maledictus furor impius iuliani , quia pertinax ; & indignatio , quia dura : vesanus furià , ammimosus furore , oblitus fidelitatis , immemor religionis , contemptor divinitatis , crudelis in se , homicida in vicinos , reus in omnes . memoria ejus in omni ore amarescit , & nomen ●jus in ●●ternum pu●r●scet . finis . an appendix : manifesting by sundry histories and authors , that in the ancient roman kingdome and empire ; in the greek and german empires , derived out of it ; in the old graecian , indian , aegytian realmes ; in the kingdomes of france , spaine , italy , hungary , bohemia , denmarke , poland , sweden , scotland , yea , of iudah , israel , and others mentioned in the scripture ; the supreame soveraignty and power , resided not in the emperours and kings themselves , but in their kingdomes , senates , parliaements , people , who had not on●y a power to restrain , but censure and remove their emperours . and princes for their tyranny and misgovernmen● . with an answer to the principal arguments , to prove kings above their whole kingdomes and parliaments , and not questionable nor accountable to them , nor censurable by them for any exerbitant actions . having finished the preceding treatise ; which asserts , the supreame authority and soveraigne power in the realme of england , legally and really to reside in the whole kingdome , and parliament , which represents it , not in the kings person , who is inferiour to the parliament : a doctrine , quite contrary to what court prelates and chaplaines have for sundry yeeres inculcated into our kings and people ( who preach little else but tyranny to the one , and slavery to the other , to support their owne lordly prelacy , and hinder an exact church reformation ) and directly opposite to the resolutions of many malignant courtiers , lawyers , and counsellours about his majesty ; who have either out of ignorance or malice , created him a new utopian absolute royall prerogative , unknowne to our ancestors , not bottomed on the lawes of god or the realm ; for maintenance of each punctilio whereof , against the parliaments pretended encroachments , the whole kingdome must be engaged in a destructive civill warre , now like to ruine it : i could not but conjecture , how in all probability these clergy men , courtiers and lawyers , out of their unskilfulnesse in true divinity , history , law , and policy would upon the first tydings of this strange doctrine , passe a sentence of excommunication and death against it , as guilty not onely of heresie , but high treason ; and judge it such a monstrous antimonarchicall paradox as was never heard of in , much lesse claimed or practised by any kingdome , realm , or monarchy whatsoever : to anticipate which rash censures , and undeceive both kings and subjects whom these grosse parasites have over-long seduced in this point , to their prejudices , convince the consciences of all gainsaying malignants , irradiate this long obscured verity , whose seasonable discovery , may through gods blessing , conduce very much to period the present differences between king and parliament , touching matters of prerogatives and priviledges claimed by either ; i conceived it , not only expedient but necessary , to back the forecited presidents of our own kingdom with paralelled examples in most forraign realmes and monarchies ( in which it is not mannerly to be overbusie without just cause ) which i have faithfully ( though suddenly ) collected out of the best approved authors and historians ; whereby i shall infallibly prove , that in the roman state and empire at the first , in the greek empire since , in the german empire heretofore and now ; in the ancient kingdomes of greece , egypt , india , and elsewhere ; in the kingdomes of france , spaine , hungary , bohemia , denmarke , sweden , poland , scotland , and most other kingdomes in the world , ( yea in the kingdomes of iudah and israel , and others mentioned in scripture ) the highest soveraigne authority , ( both to elect , continue , limit , correct , depose their emperours and kings , to bound their royall power and prerogatives , to enact lawes , create new offices and formes of government ) resided alwayes in these whole kingdomes , senates , dyets , parliaments , people , not in the emperors , kings , or princes persons . i shall begin with the roman state , as having much affinity with ours , which was long under their command heretofore . after the building of rome by romulus and remus , romulus being elected king , divided the people into two rankes ; those of the highest and richest quality , he stiled senators , making them a court of counsell and iustice , much like our house of peeres ; the other he termed the people , being the body of the state , and representing our house of commons . in this distinction , made by the peoples consent , the soveraigne authority to elect succeeding kings , to enact binding lawes , to make warre , or peace , and the like ; rested not in the kings person , but in the senate and people joyntly , if they accorded ; yet principally in the people , in case either of assent or dissent between them ; their very kings and lawes having their greatest power and efficacy chiefly from the peoples election and assent . to begin first with their kings election and authority . when romulus their first king deceased , there arose a great controversie in rome about the election of a new king ; for though they all agreed to have a king , yet who should chuse him , and out of what nation he should be elected , was then controverted . in the interim to avoid confusion , the senators , being . divided the regall power between them , so as every one in his turne in royall robes should doe sacrifice to the gods , and execute justice six houres in the nighttime , and six houres in the day ; which tended to preserve an equality among the senators , and to diminish the envie of the people , when in the space of one night and day , they should see one and the same man , both a king and a private person . but the people disliking this interregnum ( as tending to put off the election of a king , that the senators might keep the principallity , and divide it among themselves ) cried out , that their bondage was multiplyed having an hundred lords made instead of one , neither would they suffer it any longer , unlesse they would admit a king , created by themselves : hereupon the senate , thinking it best to offer the people that , which they were like to lose , to gaine their favour , summa potestate populo permissa , permitted to the people the chiefe power of electing a king : but yet that they might not give away more right , then they deteined : they decreed , that when the people had commanded and elected a king , it should be ratified , if the senators should approve it , or be reputed the authors of it : then the interex assembling the people , spake thus unto them : o romans regem eligite , chuse yea king : so the senators thinke fit , and if he be one worthy to succeed romulus , they will approve him . this was so gratefull to the people , that left they should be overcome with the benefit , they commanded , that the senate should decree who should reigne at rome . at last , numa pompilius was named ; and none of the people or senate daring to preferre any before him ; all of them joyntly decreed , that the kingdome should be conferred upon him . whence canubius the tribune of the people in his speech against the consuls , long after , used these words numa pompilius populi ● jussu patres autoribus , romae regnavit . reges exacti jussu populi : which manifests , the chiefe power to be in the people . numa departing , tullus hostilius by the peoples command , consent and approbation was made king , which livy thus expresseth ; tullum hostilium regem populus jussit , patres auctores facti : after him , the people created ancus martius king regem populus creavit ; patres fuêre auctores : after him ingenti consensu populus romanus tarquinium regnare jussit : the people of rome with great consent commanded tarquin to reigne . but he dying ; servius having a strong guard to defend him primus injussupopuli , voluntate patrum regnavit , was the first that reigned without the command of the people , by the senates consent ; yet doubting his title for want of the peoples votes , and young tarquin his competitour , giving out speeches , se injussupopuli regnare , that he reigned without the peoples command ; he thereupon so courted the commons , by dividing the lands he had taken from the enemies among them , that at last he appealed to the people , vellent nolerintve se regnare ? whether they would or would not have him reigne ? tantique consensu , quanto haud quisquam alius ante rex est declaratus . but tarquin the proud affecting the kingdome flew servius ; and non comitits habitis , non per suffragium populi , non auctoribus patribus : without the election of the people or senate , usurped the crowne ; neque enim ad jus regni quicquam praeter vim habebat , ut qui neque populi jussu , neque patribus auctoribus regnaret , writes livy : whereupon reposing no hope in the love of the people , he endeavoured to defend his usurped soveraignty by force : to which purpose , he of himselfe , without the senate or counsell , tooke upon him the conusance of capitall offences ; and by colour hereof , not onely to slay , banish , and plunder those whom hee suspected or hated , but even those from whom hee could expect nothing but prey . then he lesseneth the number of the senate to diminish their esteeme and power , and at last to subvert it . hee was the first of kings who dissolved the custome used by all his predecessours , de omnibus senatum consulendi , of consulting with the senate about all affaires , and administred the common-wealth by his domesticke counsels ; making warre , peace , truces , leagues with whom he would , injussu populi & senatus , without the peoples and senates command ; which tyrannicall usurpations of his , with his ravishing of lucretia , caused brutus and the incensed romanes to rise up in armes against him ; deprive him of his crowne , banish him , his wife and children , utterly to abolish the kingly government by a decree , and to take a solemne oath , ( lest afterward they might bee overcome by royall intreaties or gifts ) that they would never suffer any king to reigne in rome : which act of brutus and the people is highly magnified by livie and tully . this done , the people created two annuall consuls , who had the power , but not the name and continuance of kings , annuum imperium consulare factum est : brutus the first consull was slaine , whilest hee was consull , and valerius his companion being suspected by the people to affect the kingdome , because hee demanded no new companion : valerius heereupon calls the people together layes downe his fasces ( the badges of his soveraignty before them ) which was a gratefull spectacle to the people , confessionemque factam ; populi quam consulis majestatem vimque majorem esse ; and a confession made , that the people had greater soveraignty and power then the consul , who yet had regall jurisdiction . and then there were lawes enacted , of appealing from the consul or magistrate to the people , and that hee should lose both his head and goods , who should but consult to usurp the kingdome . in briefe , it is clearly agreed by dioxysius halicarnasseus , polibius , livy , alexander ab alexandro , bodin , ( and most who have written of the roman republike ) that the soveraigne authority among the romans , during their kings , consuls , dictators , and other magistrates , was originally vested , not in the kings , senate , consuls , or other magistrates , but in the whole body of the senate , and people ; the people had the chiefe soveraigne power of enacting and confirming lawes , ( the senates decrees and lawes being of no validity , unlesse the people ratified them ) of creating and electing kings , dictators , tribunes , and all other great publike officers ; of denouncing warre , and making peace : these tribunes , and dictators might restrain , curb , imprison , censure , depose the roman consuls ( who had regall power ) yea , the roman kings , senators , and highest officers ; and to them the last appeale from king , senate , or other magistrate might be made , as to the highest tribunall : they having power likewise to change or annull the very frame of their publike government , which they oft times did , as these authors prove at large , to whom for brevity i referre the reader . yea , after the roman empire ( the greatest , largest soveraignty in the world ) was erected , the supream power still rested in the senate and people , not in the emperors themselves , which bodin grants and proves . this is clearly evident by these ensuing particulars : first , the senate and people had sole right and lawfull power both to elect and confirme their emperors , and to decree them new honours , titles , triumphs ; which power of election , though some emperors in a sort usurped , by adopting their successors , and the roman souldiers too , by presuming sometimes to elect emperours without the senate ; yet these adoptions and elections were not held valid , unlesse the senate approved and confirmed them , who usually elected all their emperors , as of right , according to that of the panegyrist , imperaturum omnibus ex omnibus elegi debere ; plinius panegyr . trajano dictus , and jacobus valdesius , c. . this appeares by the election and confirmation of most emperors from octavins to leo the first , and more particularly by the senates and peoples election and confirmation of nerva p●rtinax , severus , gordianus , maximius p●pienus , clodius b●lbinus , philip , decius , trebo●ianus , galienus , claudius the second , ta●itus , probus , iovinianus , aurelius , and others . this right of the senate was so cleare , that after the death of aurelian●● , the army sent word to the senate , that ( as reason was ) they should chuse and name an emperor , and that they would obey h●● . after six months space ( during which time the empire was governed by the senate ) the senate made choice of tacitus , who earnestly r●fused the same as first , but in the ●nd accepted thereof , to the great joy of the senate and roman people . after whose dec●ase pr●bus , being chosen emperor by the legions and army , he presently wrote a letter to the senate , e●ousing himselfe for having accepted the empire without their knowledge an● confirmation ▪ whereupon the senate confirmed his election with many blessings , gave him ●he name of augustus , father of the countrey ; made him high pri●st , and gav● him tribunall power and authority . ( secondly , this is manifest by the confessions , and actions of the best roman emperours . volateranus writes of trajan ( the best heathen emperor that rome enjoyed , that he used to call the senate , father , but himselfe their minister , or servant of their labour ; and that standing , he did reverence to the consuls sitting , quia se illis inferiorem ex legibus esse reperiret , because he found by the lawes he was inferior to them . whence dion , niciphorus , and speed record of him ; that when he invested any praetor or commander , in giving him the sword , he openly commanded him before all , to use the same even against his owne person , if he governed not the empire well , or violated law and equity ; confessing thereby , that he was subject not only to the lawes , but to the sword of justice too in these officers hands , in case he did offend , much more then to the senate . i read of the emperor decius , elected by the senate ; that he preserved the authority of the senate , ( who compelled him to make his sonne his companion in the empire ) following their counsell in all matters of government , governing all things with great wisdome and equity , by the advice and consent of the senate , to the great contentment of all the roman people ; and going into thracia against the gothes , he left the government in the hands of the senate ; permitting them to chuse a censor at their pleasure , who had supreme iurisdiction over all men ; which office some former emperors had usurped ; making themselves censors . so claudius the second , and tacitus did nothing without the consent , advice , and counsell , of the senate , either in matters of warre or peace . and polybius writes expresly , that the roman emperors counsels and purposes were efficatious , or invalid , at the pleasure of the senate , which had power to remove or continue them , to encrease or abridge their power and wealth ; to decree or deny them triumphs , towards which they contributed ; and that they could neither make warre , nor peace , nor truces , without the peoples consent . their emperors in truth , being but their chiefe generals in their warres , at the first , in right . thirdly , they had power to create one , two , or more emperors at once , as appeares in their election of gordianus , the father and sonne to be joint-emperors at once , and of maximius pupienus , and clodius balbinus , and gordianus , to be c●●sars at once . and those who could thus create more emperors then one , when they pleased , no doubt had a power above the emperors . fourthly , they had a soveraigue power , judicially to convent , censure , yea to depose , and adjudge their emperours to death , for their tyranny and misgovernment : this appeares by the case of nero , that wicked emp●rour whom the senate jud●cially deposed , condemned for his tyranny and misgovernment , as a publike enemy to the state , adjudging him to have his head fastned to a forke , and so to be publikely whipped to death , and then precipitated from a rock : upon which sentence he being sought for , and forsaken of all , to a voyd the execution of it , murthered himselfe with a poinyard . so when domiti●n was slain , the senate assembling the same day , caused all his stat●es to be throune downe , and all the inscriptions and memorials of him to be cancelled , defaced ; and elected nerva emperour . didius iulianus who purchased the empire by bribing the soldiers , comming to rome with an army , went to the senate , where assembling such senators as were present , by their decree he was proclaimed emperour , and they presently made his son in law cornelius repentin●●● praetor of rome , putting sulpetianus out of that office , and from thence he was caried to the imperiall pallace , and held for emperour , more through force , then good will of any honest men : but the people hateing , and cursing him ; at last , a full senate being assembled , by the common consent of all the senators , it was decreed , that iulianus should be deprived of the empire , as a man unworthy to rule , and severus proclaimed emperour ; to whom two of the principall senators were sent to yeild him their obedience , with the ensignes of the empire , and iulianus being generally abandoned , they commanded him to be slaine in his pallace . heliogabalus ( that monster of wickednesse ) was slaine by the praetorion souldiers by the senates and peoples approbation , who commanded he should no more be called antoninus , and that in detestation of him , no other emperour should after that be called by this name , and that he should be called tiberinus , according to the manner of his death , his body being tyed to great stones , and sunke in tiber , that it might never be found . so maximinus the emperour oppressing , and tyrannizing over the people , with great cruelty , was deposed by the senate , and he , with his sonne ( though already made caesar , and declared emperour ) adjudged enemies and rebels ; and gordianus with his sonne elected and proclamed emperours by the souldiers , people , and senate of rome . after which they , considering the great power of maximinus , to secure the city , made great preparations to resist him , and writ letters to all their provinces , that all those governours that maximinus had there placed should be displaced ; which direction was generally obeyed , and the governours most of them slain . thereupon maximinus then in hungary , posts with his army , and son towards rome ; and young gordianus being slain & his father strangled in the interim ; the senate assembled in the temple of iupiter , chose maximus pupienus and clodius balbinus emperours , and to please the people which consented not to their el●ction , they likewise named young gordianus caesar , and raised forces to resist maximinus , who lying before aquilia , his souldiers hearing that he , with his sonne were proclamed rebels at rome , and new emperours elected , came boldly to their pavilions about noone , slew them , and sent their heads to rome . by these , with sundry presidents of like nature , it is apparent , that the soveraigne power and jurisdiction , even after the roman empire erected , continued still in the senate and people , to whom the emperours were responsible , by whom they were deposed , yea put to death for their misdemeanours a●d offences against the state , and oppressions of their subjects : which power they retained till the emperours removed their courts from rome to constantinople , by which meanes the authority of the senate , and dignity of the consuls was almost wholly lost by degrees , in iustine the seconds reigne . after the seat of the empire was translated to constantinople , the senate , people , souldiers , and patriarchs of constantinople , claimed a right , and power to elect their emperours , to prescribe conditions , and oaths unto them before they were crowned ; as also a power in some cases to depose them , yea execute them , as you may read at large in their lives ; of which i shall recite some instances . iulian the apostate dying , iovinian , assensu omnium , by the joynt assent of all the souldiers , captains , and people was elected emperor ; who absolutely refused the empire , saying ; that he being a christian would not be an emperor over infidels : but all men were so pleased with his election , that they cryed out aloud saying ; we are all christians ; and for his sake , those which were not so , resolved to become christians , upon condition that he would accept the empire ; which he thereupon accepting , with incredible joy and gladnesse , they swore obedi●nce to him , and gave him the imperiall ensignes . he being casually smoothered or death ; valentinian the first was by the joynt consent of the captains and souldiers , chosen emperour : after which , the empire went by descent till the death of valentinian the second and then martianus by means of eudoxia , with the senates and patriarch● assent , was elected and crowned emperour : after whose poisoning asper sought to have been his successor ; but being an arrian , the orthodox christians of constantinople would by no means elect him ; whereupon , accepta a populo potestate , he named leo emperour , having received power so to doe from the people . leo adopting one of aspars sonnes caesar , the senate and people were so much displeased at it , fearing that an arrian should reigne over them , that they went tumultuously to the emperour , desiring him to remove him from that dignity , who soone after slew both him and his father . basiliseus usurping the empire against the senates and peoples consents , who hated him for his tyranny ; the people sent for zeno , whom he expelled , received him into constantinople , and restored him to the empire ; after whose death anastasius , de sententia senatus & legionum , was elected emperour by the senates and legions decree . he dying , iustinus , by the generall consent both of the senate , people , and souldiers was elected emperour , though but a swineheard in his yonger dayes ; who creating iustinian for his successor , the people gave their consents thereto , with happy acclamations . so constans the second was made emperour by the senate of constantinople . philipicus usurping the empire against the peoples and senates liking , they rose up against him , deposed him : and a● beda marianus otho frisi●gensis and abbas vspergensis write ; the people of rome decreed , that neither his name , nor letters , no● coyne should be received . and the senate and people of constantinople created authemius emperour in his place , giving him the name of anastatius . thus michael curaepalata was created emperour by the senate in the life of stauratius who intended to leave the empire to theophanon his wife . so theodora , atoto senatu , populo & sacerdotibus , was elected and saluted empresse . isatius angelus was elected emperour , and andronicus deposed , apprehended and put to death by the people of constantinople for his tyranny and oppression . after whose death baldwin earle of flanders , a frenchman , was elected emperour by the souldiers and people , upon condition , the venetians should elect the patriarch : in whose blood the empire continued four descents and then returned to the greekes . and as the senate and people of constantinople had thus the right of electing their emperours , so likewise they and the patriarch of constantinople prescribed a conditionall coronation-oath to divers of them , which they were to take before they were crowned , and to deliver it under their hands in writing . anastatius dicori , being chosen emperour after zeno his death . euphemius the patriarch of constantinople before he would crowne him , exacted of him a confession of his faith in writing , wherein he should promise , that he would innovate nothing in eclesiasticall doctrines &c. whereupon he delivered a writing to the patr●arch , wherein he professed , that he did embrace all the tenents of the church , and that he would keep all the decrees of the councell of chalcedon ; which done , he was crowned , and then pr●sently tooke away the grievous tribute called aurargenteum , which much oppressed the people . thus when michael rungabis was elected emperour , and came to be crowned , nicephorus the patriarch first required of him a writing , wherein he should promise , that he would violate no ordinances of the church , nor defile his hands with the blood of christians : which conditions bishop bilson grants , the people had power to prescribe , the empire being elective , but not the patriarch alone . and with all these patriarchs sometimes presumed to excommunicate and keep their emperours out of the church for murthers and such like offences , as appeares by polyenctus keeping iohn zimisoa out of the church , and refusing to crowne him , till he had banished the empresse theophano , and those who slew nicephorus ; and by photius his putting by the emperour basilius from the sacrament , when he came to receive it , for homocides committed by him . fifthly , the roman senate and people had power to divide the ●mpire , and to create a new emperour at rome in the west , distinct from that of constantinople in the east : about the yeare of christ gensericus king of the vandals wasting italy and sacking rome whiles marcianus the emperour resided at constantinople , the senators and roman gentlemen returning to rome when gensericus had lost it , wanting an emperour to protect them , chose avitus by common consent for emperour of rome , italy , and sicilie , of which marcianus was very glad , and approved his election : and not long after , whiles leo the first raigned at constantinople , the senate successively elected olibrius and glizerius emperours of rome , italy , and sicilie ; yea , the very finall division of this great empire into that of the east and west , and the creation of a new roman emperour , and empire of the west , with the transferring of the imperiall crown from the greeke to the german line , was done by the authority , and joynt consent of the people , senate , and bishop of rome , upon this occasion : as blondus sabellicus and others relate . aistulfus king of the lombards invaded and spoyled those parts of italy belonging to the romans ; who being unable to resist or pacifie him ; the bishop and city of rome hereupon sent messengers to their emperour cons●antine to constantinople , for ayd , assuring him , that unlesse he sent them ayd the city and whole country wo●uld be subdued by aistulfus : but whiles rome and italy were ready to sinke under those ruines constantine had no manner of care to relieve them ; and the messengers that were sent to him , signified by letters , that there was no looking for help from constantine , either for that he would not , or could not , and therefore they must seeke some other way : in the meane time aistulfus sent heralds to menace the bishop and people of rome , that unlesse they would yeeld themselves and their city , he would come and take them by force , and kill man , woman , and child . hereupon they being out of hope to pacifie the enemy , or to receive help from constantine ; the pope , together with the people of rome , determined to send messengers to desire ayd from pepin father to charles the great , then king of france , who sent them succour , subdued their enemy , and quieted italy . after which , charles likewise ayding and succouring both the pope , and romans against their enemies , and comming in person to rome ; the romans ( who in heart were long before falen from the emperour of constantinople , because he began to neglect the city of rome , and to leave it as a spoyle to the barbarians and others ) taking this occasion and opportunity , and grieving that the empire of the world , which with their blood they had gotten , and established by their vertues , should be governed and ruined by irene ( a lewd woman ) constantines mother ( who swayed all at her pleasure ) did thereupon elect and proclaime charles for their emperour , and commanded pope leo to crowne him . platina , blondus , nauclerus sabellicus , aventinus , sig●bert , frisingensis , and aeneas sylvius , all record that this was done ( not by the popes authority alone , ( as some late romanists pretend , for he poore man had no such power ) but by the decree , determination , assent and request of the senate and people of rome ; who , tac●o senatus consulto plebis citoque decernunt to transferre the empire jure suo , by their owne right , from the greekes to the germans , and from constantine to charles the great : ever since which time it hath continued thus divided in the blood of charles , and other french and german princes . a most cleare demonstration , that the most absolute soveraigne power a●d disposall of the empire resided not in the emperours themselves , but in the se●e and people , even from the very first emperours , till this partition of the empire ( more then yeares space , ) and that their emperours neglect to protect , to ayde them against their enemies when they needed , and craved help , was a iust ground for them to reject his soveraignty ; yea , to create a new empire , and emperour of another race , as pope leo with all the roman clergy , senate , and people then resolved ; not only in point of state policy , but of conscience too : upon which very ground ; not only the spaniards fell off from the roman empire , electing them kings , and erecting kingdomes of their own : but likewise our iland of brittain ( the fairest plume of the roman diadem ) rejected the roman yoake and government , to which it had been subject almost yeares ; craving ayd against the sc●ts and picts from the sax●ns , who therereupon became their soveraigne lords at last , and disposessed them of the kingdome : now , that these revolts and changes of the empire in this case were lawfull even in point of conscience , we have the resolution of bishop bilson himselfe , ( in his booke dedicated to queen elizabeth , wherein he professedly defends the soveraignty of kings ) in these very words the roman state and common wealth had as goodright to dispose the roman empire , as all other christian and heathen kingdomes and countries had to settle the sword and scepter that reigned over them . and since all other nations once members of the roman empire , were suffered to plant those severall formes of regiment which they best liked , and when the right heires failed to elect their owne governours , i see no cavse why the romans might not provide for themselves as well as other realmes had done before them ; especially if the reports of your stories be true ; that they were neglected by the grecians , when they were bes●iged by the lombards ; and the scepter at constantinople went not by descent , or succession , but by violent and wicked invasion , and usurpation . so he ; with whom cassanaeus in his catalogus gloriae mun di● pars consid . . p. . accords . and iacobus valdesius , de dignitate regum hisp. c , . n , , . sixthly , after this division , and translation of the empire unto charles the great , the roman empire for a time , by permission and connivence of the french , & german states , went by succession till charles the grosse ; after him wholly by election , the power of electing the emperour residing in all the french & german princes , 〈◊〉 at last it was by consent , about the yeare . translated to the ; or rather . princes electors : yet during all this time the soveraigne power and iurisdiction of the empire resided only in the german princes , states and diets ( not the emperours themselves ) who had power , not only freely to elect what emperours they pleased , but also to censure , and depose their emperours upon just grounds , and to set limits to their imperiall iurisdictions . not to trouble you with the histories of ludovicus pius , otho the great , henry the , , , , , , . lotharius , fredericke barbarossa , phillip , otho the fourth & fifth , fredericke the , . albert the , ludovicus bavarus , sigismond , and other emperours , who were much affronted , persecuted , warred against , and some of them unjustly deposed and murthered by their subiects , sons , and the princes●electors , through the popes procurement ; i shall pitch only upon such presidents as are pertinent to my purpose charles the third surnamed the fat , though he came to the empire by discent , yet the princes , dukes , and governers of the provinces of germany , and france , seeing his great insufficiency , and unaptnesse to governe ( he being growne a very foole and having lost his understanding ) did thereupon deprive him of his empire , and other kingdomes ; and elected and crowned arnolph emperour in his stead : he being thus degraded both of realme , empire , and forsaken of all the world , not having so much as an house wherein to shroud himselfe , retired into a poore village of suabe , where he lived some few dayes in extream misery , and penury , and soone after dyed ; not lamented nor pitied of any man : which deposition of his , i have formerly proved lawfull ; though his subsequent ill usage was no doubt dishonourable and unjust . so the emperour wenceslaus was ▪ deposed by the princes electors of the empire , for his insufficiency to governe , and the little care he tooke to suppresse and pacifie the civill warres and dissentions in the empire , giving himselfe over to vaine pleasures and delights , which made his government dangerous , and unprofitable for the empire , and christian common wealth ; and rupert made emperour by them in his room . after this , about the end of rodulph the second his imperiall raigne , the electors called a dyet at nurenberg , from whence they sent ambassadors to the emperour to acquaint him with the state of the empire ; who told him , that the electors required above all things a reformation of justice : that he should make choice of more faithfull officers and councellors then formerly he had done : that a generall dyet might be called the spring following : that the reason of the bad government of the common weale was for that his majesty did not impart the important affaires of the empire unto them , as his predecessours had done &c. whereupon he appointed a generall dyet to redresse these disorders ; but dying before the day , according to the golden bull made in the yeare the elector palatine , and he of saxon , were appointed vicars , governours , and administrators of the empire untill there were a king of romans chosen to be emperour . after which they elected mathias , who as emperour and king of the romans had not any city or towne within the empire , the whole territory of germany belonging to the electors , bishops , abbots , princes , earles , noblemen , and free townes . what power the princes electors , and german states had , and yet have in electing , rejecting , deposing , restraining their emperours ; in calling diets , and making lawes , you may read more largely in munster , and grimston : by all which , and other particulars , which for brevity i shall omit , it is most evident , that the supream soveraigne authority of the roman state , both under their ancient kings and emperours , and of the greeke , and german empires resided not in the kings and emperours , themselves , but in their senates , diets , people , states , who prescribed them conditionall oaths at their coronations , and to whom they were still accountable for their actions and misgovernment , this iohn bodin ( a famous learned french lawyer , of great experience in state affaires , surpassing all who writ before him of republikes ) plainly affirmes in these words . the roman emperours were at first , nothing else but princes of the common weale , that is to say , the cheife and principall men : the soveraignty neverthelesse still resting in the people and senate , the emperour having the soveraigne authority only infact , not in right : the state being but a very principality , wherein the people had the soveraignty . so the german empire at this day is nothing else , but an aristocraticall principality : wherein the emperour is head and chiefe , the power and majesty of the empire belonging● vnto the states thereof , who thrust out of the government adolphus the emperour , in the yeare , and also after him wenceslaus in the yeare ; and that by way of ivstice , as having ivrisdiction and power over them . and so properly ancient romans said : imperium in magistratibus , auctoritatem in senatu , potestatem in plebe , maiestatem in populo ; command to be in the magistrates , authority in the senate , power in the maeniall people , and majesty in the people in generall . the senate in rome did consult , the people command : for livy oft times saith : senatus decrevit , populus iussit : the senate hath decreed , and the people commanded ; which he there more largely prosecutes , as you may read at leysure . to all which bishop bilson himself doth fully assent , affirming , that germany is a free state , that the emperour holds the empire by election , and that but on condition , which he takes an oath to performe . and if he violate their liberties , or his oath , they may not only lawfully resist him by force of armes , but repell and depose him as a tyrant , and set another in his place , by the right and freedome of their countrey . and cassanaeus holds , that the people may take away the very name of the emperour at this day , degrade him , and resume his royall power . this then being an unquestionable verity , disproves that palpable common mistake of dr. ferne with other ignorant court doctors and royalists , who would make the world and kings beleeve , that the roman emperours were of greater power and authority than the senate , people ; the highest powers upon earth to which all persons , yea the senate and people collectively considered , ought to submit ; and that it was unlawfull either for the senate or people forcibly to resist caligula , claudius , n●ro , and other their wickedest , and most tyrannicall emperours : much lesse to depose , take armes against , or call them to a strict , just account for their tyranny , oppression , or misgovernment , it being directly contrary to pauls doctrine rom. . , to . let every soule be subject to the higher powers , &c. which false groundlesse principle , is the sole foundation upon which all their late sermons , books , and rayling discourses against this parliaments proceedings and taking up of defensive armes are built ; when as in truth , the sen●te & people were the highest powers , to whō the roman emperours themselves were to be obedient in all iust requests & commands , under paine of damnation , and subiect to the senates sword of ●ustice in case of disobedience & misgovernment , as all the premises evidence ; yea it likewise manifestly evidenceth , that whole states & parliaments are the highest power and above their kings , who are subject to thē , since the roman and greek senates and people heretofore , & the very german states at this day are the highest power and above their emperours , though ever reputed of greater power , soveraignty and dignity than any kings , and the greatest monarchs in the world : and that therfore kings , even by pauls doctrine rom. . ought to be subiect to the higher power and iurisdiction of their parliaments , the laws and statutes of their realmes ; and to be accountable to them , if not subiect to their censures , as some affirme , in exorbitant cases of misgovernment which concern the kingdomes and peoples safety . if kings iniuriously take away the lands , goods , or imprison the persons of any particular subjects , the law gives every one a particular remedy against them by way of action , or petition of right . if then every private subiect may have redresse , much more the whole kingdome , ( in and by parliaments only not in inferiour courts ) against their soveraigns which oppresse them ; who being subiect unto the lawes of god and their realmes , which have no respect of persons , may as many affirme , be questioned and iudged by them in their parliaments as well as other princes , great officers of state and magistrates who in scripture are called gods , the higher powers and said to be ordained , to rule judge by and for god , as well , as kings and emperours . it is branded as a spice of antichristian pride in popes and their parasites , to deem themselves so high above other men , that they are accountable to none but god for their wicked actions , though many popes in former and later times , have been questioned , censured , imprisoned and deposed both by emperours , kings , and councels for their intollerable misdemeanors . and is it not the very selfe same crime in kings , in emperours , and their flatterers , to hold this popish erronious opinion , that they are in no case responsible to their whole kingdomes or parliaments for their gross●st exorbitances ? our popish prelates and clergy generally heretofore , and some of our protestant bishops and divines of late times , from st. ambrose his practise , have held , that ●●ings for murthers , rapes , and great crying offence● may be lawfully excommunicated and censured by the spirituall law and sword , as sundry emperours and kings have been ; then why not likewise by the temporall , when their parliaments and whole kingdoms see just cause , the case of hundreds of emperours and kings in former time , as the histories of all nations and ages prove abundantly , beyond all contradiction ? i shall here instance in some few kings censures subject to the roman state and empire , with whom i shall conclude this discourse touching the roman monarchs deioratus king of galatia under the romans i●risdiction , and one of their allies , was accused of treason , and condemned to lose both his head and estate for certaine offences against c. caesar , and the roman state ; as appeares by tullies oration to caesar in his behalfe , to procure his pardon ; which because it was the first president of this kinde , made his advocate say ; tamen ita inusitatum est , regem capitis reumesse , ut ante hoc tempus non sit auditum : yet long before that , zedechiah king of iudah , rebelling against the king of babylon , was brought prisoner to the king of babylon to riblah , where hee gave judgement upon him slew both his sonnes and princes before his eyes , and then put out his own eyes bound him with fetters of brasse , and carried him prisoner to babylon , where hee died . kings . . to . ier. . . to . and after de●oratus antigonus king of the iewes , being taken prisoner by antonius , for moving sedition against the roman state , was beheaded with an axe at antioch , without any legall triall , to prevent further seditions , which never befell any king before that time , writes alexander ab alexandro ; and agrippa , not long after , put bogus king of the mores to death , for siding with antonius . of later times , i read that ludovicus pius the emperour taking bernard his nephew ( king of it●ly ) prisoner , for rebelling and denying his superiority over him , carried him into france , to determine what should be done with him according to iustice , for this his offence ; where ( though a king ) hee was condemned to death and executed , as some , or at least cast into prison , and had his eyes put out , as others write : so charles of france taking conradine king of sicily prisoner , publikely arraigned and condemned him of high treason , and cut off his head , anno . yea , our owne king iohn being a feudatary to the king of france , was by philip the french king in a full parliament there ( during his absence in england ) arraigned , condemned to d●ath , and deposed from his crown by the sentence of his peeres , for murthering his nephew , arthur , ( then a subiect of france ) with his owne hands : so iohn bailiol king of scotland , renouncing his homage for that crowne , to king edward the first , was for this offence compelled to resigne his crown with all his right to the kingdome of scotland , to king edward the first , and sent prisoner to the tower of london : and mary queene of scots , within many mens memories , after long debate in parliament , was condemned and beheaded at fothringham castle , febr. . an. . for laying claime to the crowne of england , and other particulars mentioned in our historians . and thus much for the roman , grecian , german emperours , kings and kingdomes . i shall now give you a brie●e survey of what greeke authors write concerning kings and kingdoms ; and of the power , the kinds of ancient kings and kingdomes , in greece and other places . that great father of learning and policie aristotle , ( tutor to the greatest emperour alexander the great ) whose authority is irrefragable in our schooles ; resolves : that true kingdoms were erected at first and conferred on the worthiest men by the free voluntary joynt consent of the people , and founded , confirmed by the customes and lawes of each country , ( which polibius also affirmes ) that there are severall sorts of kings , some of greater , some of lesser authority and continuance then others : some elective , some successive , some during ●ife , some annuall , all of them receiving their distinct jurisdictions , formes , limitations , and different royalties , from the peoples primitive or subsequent institutions and consents . for all men being equall by the law of nature , can have no dominion nor superiority one over another , but by their own voluntary consents . that the lawes , ( not the kings princes , or magistrates be they one or more , or never so good ) ought to be the sole lords or rulers of the common-wealth , and that princes and governours ought to governe by the lawes : who cannot command what the lawes doe not command . that those who command that the law should rule , command that god and the lawes should rule : but he that commands a man to be a prince , he commands that both a man and beast should be princes : for covetousnesse and the lust of the minde is a certaine beast , which perverts both magistrates and the very best men ; but the law is a constant and quiet minde and reason voyd of all motions of lusts and desires . that the power of the greatest things , and greatest power , ought ( de ivre ) of right to be in all the people , because their wisdomes , resolutions , and revenues considered altogether , are greater and more considerable then those of a few wise or honest men plased in the highest offices of magistracie , who are but a small particle of the state in respect of all the people . that the people ought to be of more power then the king or greatest magistrates to prevent their tyranny and oppression ; and that a king ought to governe by his lawes , and not to doe any thing against them , according to his lust ; wherefore he ought to have so much power and force wherewith he may protect the authority of the lawes : yea he must necessarily have forces and power , yet so much onely , as thereby he may be able to curbe every particular man , or many also : yet not so great power but that , a populo au●em universo idem rex ille ipse coerceri potest , the very king himselfe may yet be cvrbed by all the people : such guards verily the ancients gave to their kings when they would set any tyrant or governour over the city : and when dionysius required guards , a certaine syracusan perswaded them to curbe such guard● : to which polybius also suffragates . according to these rules of aristotle , i read in dionysius halicarnassaeus , and polybius , that in the lacedemonian common-wealth , the kings had not the chiefe dominion , so as they might doe what they pleased , sed summa totius reipub. administratio penes senatum erat : but the chiefe government of the whole commonweale was in the senate , from whence the romanes tooke their pa●terne . alexander ab alexandro , boemus , and xenophon write , that the lacedemonians sometimes elected a king out of the family of the heracli●●● , or of agis , but more often two joynt kings of equall authority out of the stock of proclus and aemisthenes , who yet had not the chiefe command as kings , quiajuris om●is publici potestas penes senatum erat , because the power of all publike law or rule was in the senate ( the better to keep their kings from attempting and usurping a tyranny ; they being kings rather in name then dominion , and like the achaean two annuall praetors ; whence aristotle makes them , the lowest ranke of kings . iohn bodin informes us , that in the lacedemonian aristocracie , the soveraignty remained in the state , wherein were two kings without any soveraignty at all , being indeed nothing else but captains and generals for the managing of their warres ; and for that cause were by the other magistrates of the state , sometimes for their faults condemned to pay their fine , as was agesilaus , and sometimes to death also , as was agis and pausanias : agis the last of the lacedemonean kings ( as plutarch records ) being apprehended and condemned by the ephori , without an indictment , and then hanged in a halter . finally aristotle himself , and xenophon informe us ; that the kingdom of the lacedemonians flourished very long , yea longer then any other forme of government , because their kings power was but small , and their kings never desired greater things then the lawes would beare , by which they had received their kingdome in the beginning : for in the beginning that kingdome was divided between two joynt kings : after which theopompus left it more moderated to his successours , and constituted the magistracie of the ephori ( who had power even to depose and execute their kings if they offended , and rose not up out of their seates unto them ; ) to retain that moderation ; by which meanes he verily weakned the power of the kingdome , but yet certainely setled it more lasting and stable : whence theopompus gave this answer to his complaining and upbraiding wife ; whether he was not ashamed to leave the kingdome lesse to his children then he had received it from his father ? no truly , saith he , for by this means i leave it more stable and lasting . a speech well worthy the consideration of the very greatest hereditary kings these lacedemonian kings ( whose honours , writes xenophon , were not much better then those of private men ; etenim , neque regibus animos addere tyrannicos voluit , l●curgus , neque civibus eorum potestatem invisam reddere , tooke an oath every month , to governe the kingdome according to the lawes enacted . i finde that the cumaeans had a magistrate whom they called phylactus , whose office was , to come into the full senate , and hold the kings hands who stood in judgement before them , untill by the senators decree , their reward or punishment was appointed . by which it is apparent , that the cumaean senate was above their kings , and did usually arraigne and punish them iudicially , if they saw cause ; as they rose up in armes against aristodomus their king , ( who tyrannized over them ) by zenocrita her instigation , slew him , and so recovered their liberties . the ancient carthaginians had two kings , whom they stiled suffites ; who were but annuall , removed every yeare ▪ yea , the iberians and parthians had two joynt kings in ancient times , the one to judge the other to governe the people . in meroe , where they elected their kings by their beauty , strength or wealth ; their priests had the chiefe power ; who had so great authority , that sometimes ( like the pope and his nuncioes ) they would send a messenger and command the king to be put to death , and make another in his steed . which custome was after abolished by one of the kings , who violently assaulted and slew all the priests : and in meroe if the king offended , after the priests power was abolished , they inflicted no corporall punishment on him , but all with ●rew themselves from him and avoided his company till he was killed with griefe and consumption . the indians will not permit their king to sleep in the day time , and if he be drunken at any time if any w●man ( of whom he hath a guard ) kill him whiles he is drunke● she is so farre from being guilty of treason , that for a reward , she shall be married to his successour : much like the ancient publike institution of the sclavonians , recorded by ●axo grammaticus , that the assassinate of evill kings should succeed them in their kingdomes ; a things frequently practised in many kingdomes ; and empires , though very ill enacted in any . the sabaeans confined their kings to their palaces , and used to stone them if they went forth of their bounds . the mosseriaei whose kings were elective , used to punish them , when they offended , by keeping them fasting a whole dayes space . among some of the indians , if the king dyes , having male children of his owne , or cosen-g●rmans , or brothers children , they shall not succeed him in the kingdome , but his sisters sonne , if there be any ; if not , then his next alliance ; and that , ex gentis instituto , by the institution of the nation ; the reason is , because their priests used to dest●ure the queene , whose issue is held to be illegitimate . in thracia , the people elect a king who is well qualified , mercifull , grave for his age , and one who hath no children : for no father , though never so well qualified , is admitted to raigne ; and if he fortune to have issue while he reignes , he is deprived , and so kept , lest the kingdome should become hereditary . yea , though the king be never so just , yet they will not that he should have the whole power , but appoint him . governours , left hee alone should judge in capitall causes : and if he be convicted of any offence , he is punished with death , yet not by laying violent hands on him , but by publike consent , all food is kept from him , so as at last he perisheth with famine . the taprobani had this custome , that no man who had any children should be chosen king , lest he should claime the kingdome as hereditary , and make it so . the athenians , ionians , milesians , marchomanni quadi , persians , sicilians , corinthians , parthians , meroes , gordii , medes , paphii , cathians , aetheopians , sydonians , germans , swedes , danes , and other nations had severall customes , lawes , rules , ( over-tedious to recite ) by which they elected and inaugurated their kings ( of which you may read in alexander ab alexandro strabo , boemus , peter martyr , purchas , and others ) and different degrees of power and government derived from their kingdomes and people , the soveraigne authority still residing in them to prescribe both laws and limits to their kings , and call them to publike account for their grosse offences and misgovernment . the ancient aethiopians elected the most fanatique priest for their king , whom though they adored and honoured for a god , yet vitam agere statvtam legibvs debet iuxta patrios mores , he ought to live such a life as the laws appointed him , according to the manners of the country , neither ought he to reward or punish any man himselfe , though chiefe par●s of royalty . the old german kings had no free nor infinite , but are strained and bounded power by the lawes . diodorus siculus writes , that the first egyptian kings lived not like other monarchs , to rule all things according to their wills , nullis obnoxii censuris , as obnoxious to no censures ; but all things , not only their publike actions , but even the regiment of their daily life , were conformed to the rule of the lawes ( as hethere manifests in sundry particulars ) botb in respect of their attendants , dispatches , devotions , recreations , moderate spare dyet , and the like ; neither was it lawfull for them to judge , nor doe any thing , nor punish any man out of petulancy or anger , or any other unjust cause , contrary to what the established lawes required concerning every of them . whiles they observed these things customarily , it was so farre that they tooke it ill , or were offended in minde , that on the contrary they thought they lived a most blessed life . for other men rashly giuing indulgence to the affections of nature , acted many things accompanied with losses and dangers ; yea some men ofttimes although they foreknew they should sinne , did notwithstanding perpetrate evill things , being led away with love or hatred , or some other perturbation of minde ; but they , imbracing the rule of life approved by the most prudent men , resolved not to erre from their duty in the least degree . whiles kings used this iustice towards their subjects , they had their subjects bound unto them in greater benevolence and love then their very kindred ; for not only the colledge of priests , but the whole nation of the aegyptians , and likewise every one of them were not so carefull of their wives and children and private goods , as of the safety of their kings : wherefore they preserved the estate of the republike intire for a long time under the mentioned kings , spending their life in greatest felicity , as long as this constitution of lawes flourished . and when these kings dyed , all the aegyptians generally mourned for them in an extraordinary manner divers wayes , made solemne orations in their praise , buried them with great pompe and solemnity , and erected pyramides to their eternall honour ; all which funerall pompous solemnities many ill kings wanted after their deaths , ob plebis refragationem , because the people gain-sayed it , ( who together with the priests and senates , who were ever present with the kings to assist , counsell , and direct them , were superiour to their kings , since they could thus decree or deny them these funerall honours ) which made many of their following kings to addict themselves to just actions too , for feare of contumelious handling and sempiternall ignominy after their decease . so this author . to which i shall adde xenophons definition of a kingdome and tyranny : a kingdome , is an empire over men by their free assents according to the lawes of the city : and a tyranny , is an unlawfull empire over men against their wills , which depends upon the will of the prince . and this observation of polybius , that kings in ancient times did give themselves wholly to doe that which was honest and just , and to suppresse the contrary ; the very beginning of all true kingdomes , and the end for which kings were first instituted by the people . whiles they thus demeaned themselves , they were subject to no envy , because they differed not much from others , neither in apparell , nor in meat and drinke , but observed a conversation of life conformable to other men , and lived perpetually like to others . but afterwards , when those who obtained the principality of succession , and the prerogative of their blood had those things already provided , which made them able to secure themselves , and to support their state , following their lusts by reason of their abundance , they then thought , it belonged to princes to be better clad then subjects , to exceed them in costlinesse and variety of meats , and to use venery with whom they pleased : hence envy and offence was begotten , and implacable hatred and anger kindled , and a kingdome by this meanes changed into a tyranny : hence men most generous and magnanimous bold spirits ▪ unable to beare such affronts and insolences of princes , seditiously conspire against them ; and the people having got such captaines to make resistance , joyne with them for the foresaid causes , that the princes may be repressed . and thus the forme of a kingdome and monarchy is utterly taken away by the roots , and the beginning of an aristocracy again laid , the people refusing to set any more a king over them , yet not daring to commit the republike 〈◊〉 many , fearing as yet the iujustice of superiours , and therefore most esteeme equality and liberty ; so that the soveraigne power of setling , of changing the kingdome and forme of government resides principally in the people , who ( as hee there largely proves by the lacedemonian and roman state ) ought to enjoy the supreame authority , and to be above their kings ; as it seems the aegyptians did , who deposed and expelled evergetes their king , for his cruelty , and after him their king ptolomaeus auletes , setting up cleopatra his eldest child in his thr●ne ; and as the romane senate did , who had power to dispose of the common treasury and revenue ( one of the greatest points of soveraignty ) to appoint lieutenants and governours of provinces , to grant triumphes , to dispose of religion : ( for which cause tertullian saith , that never any god was received in rome without the decree of the senate , ) and to receive , answer , and dismisse the ambassadours of kings and nations , which none else did but the senate ; whose soveraigne power was such , that tiberius the emperour in the beginning of his reigne called the senators ( assembled altogether in the senate ) indulgentissimos dominos , his most loving lords , ( and moved the senate , to divide the empire , & not to commit it all to one man , as we read in tacitus ) though they were his subjects and inferiours when divided and severally considered : and such soveraigne power had the panaetolium or generall assembly of parliament among the aetolians , who received and answered all embassadours , determined all affaires of warre and peace , it being provided by the lawes of the aetolians , that nothing should be intreated of concerning peace or war , but in their panaetolium or pelaicon councell , as livy and bodin record . but to leave these ancient , and come neerer our present neighbor kings and kingdomes of greatest eminencie and power , which may paralell our owne ; the kings of france ( to whom cassanaeus in his catalogus gloriae mundi , gives precedency before all others , and to the emperour himselfe , whiles but elect , before his coronation , ) have in ancient times been inferiour to their kingdomes , parliaments , and subiect to their censures even to deposition , if not more , though some cry them up for absoluts monarchs , and make them little better then tyrants now . iohn bodin , a learned french lawyer and statesman , writes , that in ancient times the kings of the cities of the gaules were subject to their states ; whom caesar for this cause oftentimes calleth reguli , little kings , being themselves subjects and justifiable to the nobility , who had all the soveraignty , causing them even to be put to death if they had so deserved : and that is it for which amphiorix the captaine generall , whom they called the king of the lingeois said , our commands are such , as that the people hath no lesse power over us , then we over the people : wherein he shewed evidently , that he was no soveraigne prince ; howbeit , that it was not possible for him to have equall power with the people , as we have before shewed : wherefore these sort of princes , if they , polluted with wickednesse and villany , cannot be chastised by the authority and severity of the magistrate , but shall abuse their wealth and power unto the hurt hurt and destruction of good men , it alwayes hath and shall be lawfvll not for strangers onely , but even for the subjects themselv●s also , to take them out of the way : but if the prince be an absolute soveraigne , as are the true monarchs of france , &c. where the kings themselves have the soveraignty without all doubt or question not divided with their subjects ; in this case it is not lawfull for any one of their subjects in particular , or all of them in generall to attempt any thing , either by way of fact or justice against the honour , life , or dignity of the soveraigne , albeit hee had committed all the wickednesse , impiety , and cruelty that could be spoken : so bodin . by whose words it is cleare , that the ancient kings of france we●e inferiour in jurisdiction to their whole kingdomes and parliaments , yea censurable by them to deposition or death : yet that their kings of late are growne absolute monarchs above their kingdomes , nobles , parliaments , and so not responsible to , or punishable by them for the grossest misdemeanours : but if this their absolute monarchy be onely an usurpation ( as many conceive it , ) not of right , by their parliaments and kingdomes free grants and consents , they are still , in truth , of no greater authority , nor no more exempted from iust censures , then their predecessours . now it is clear , that in ancient times , the . estates and great councell of france assembled in parliament , and their twelve peeres ( or kings as fabian termes them ) were the highest power and judicature , from which there was no appeale ; that the ki●gs of france could make no binding lawes but by their authority ( though now of late they doe what they please ) and that they have judged the differences between the crownes of england and france ( as i have formerly proved ) and exercised the same , or as great authority as the parliament of england hath done , which authority it hath lost by certaine degrees . to give a few more instances to cleare this truth . pharamond , the first king of the franks , that reigned in france , an. . was elected king by the unanimous vote and consent of all the people : and by their advice and consent , in his raign , the salique law was made to regulate the discent of the crowne , that no women should be heires to it , or claime it by discent ; which law continues of force un●ill this day , as all the french historians generally accord , who make frequent mention of it ; though our english have much oppugned it , as you may read in hall and speed childericus the fourth king of france about the yeare . giving himselfe to all vice and cruelty in such extreame wise , that hee became odible to his subj●cts , perc●iving the murmur of the people , and fearing his sudden destruction , by the counsell of guynemeus , fled out of his kingdome to beseigne king of thuringes . whereupon the french-men with one assent , chose gyll a roman , for their king and governour : who laying grieveous taxes upon his subjects by the fraudulent counsel of guynemeus ( a fast friend to childericus ) and using sharp , execution upon some of the nobles , so farre discontented his subiects that by the helpe of guynemeus , they deposed and chased him into soysons ; and sending for childericus againe , restored and made him king : after whose death his sonne clodoviu● , was by the people ordained and authorised for king of france : between whose foure sonnes it was afterwards divided after the death of chilpericus , clotharius being very young , gunthranus king of orleans his uncle ) with the assent of the nobles of the realme , was made his tutor : who comming to age , hee offered to referre the differences between sigebert and himselfe touching austracy , ( to which both laid claime ) to an assembly of the lords of that kingdome : and condemned queen brunicheild by the unanimous consent of the lords , to bee tyed by the haire of her head to a wilde horse taile , and so to be drawed while shee was dead ; for her many murthers and criminous deeds ; which was accordingly executed . king dagobert exercised such tyranny and iniustice in pillaging his commons by exactions and tributes , that those who dwelled in the out parts of the realme neere the turkes , and other strange nations , chose rather to put themselves under their government , than under the rule of their owne naturall prince : poytiers rebelled against him , his l●ds murmured so much against him , that pipin and martain ( two of his great lords and agents ) to save his crown , dissuaded him from his ill counsells : whence a little before his death , calling a great counsell of his lords spirituall and temporall , hee made his will , and setled his kingdome by their advice ; dividing it between his two sonnes . theodoricus king of france , giving himselfe to sloath and idlenesse , committed the government of the realme to ebroyn mr. of his palace , who did what he liked , and vexed and troubled the subiects grievously ; wherefore by assent , the lords assembled them , and by authority deprived the king of all dignity , and closed him in a monastery during the residue of his life , when he had borne the name of a king without executing of the art thereunto belonging , three yeares , the cruell ebroyn they exiled to luxenbourgh during life ; making childericus br●ther to theodericus king , ann. . who oppressing his subiects grievously , and using the lawes of his progenitors after his pleasure , and uniustly causing a noble-man called belin to bee tyed to a stake and beaten to death , without guilt or trespasse . hereupon the lords and commons , fearing like punishment without deserving , murmured and conspired against him , and slew him and his wife ( then great with childe ) as they were hunting in a wood : after which they restored theodericus ( whom they had deposed ) to his former dignity ; under whom ebroyn getting into place and favour againe , used such tyrannie towards the nobles and people , that pipin and martaine raised a great army against him , lest he should destroy the common-weale , gave him battell , and at last hermefreditus slew him : after which pipin was made master of the palace in his place . k. dagobert the second dying without any issue or knowne he●re at all , one daniel ( after named chilpericke ) a priest , was by the lords and peoples generall assent chosen king of france , anno . for that by their former experience of him , they deemed him apt for the rule of the land. after whose death , theodoricus sonne to dagobert , ( secretly fostered among nunnes within nunneries in womans cloathing ) was espied and admitted for king : during most of the forenamed kings , the grand master of the palace swayed the kingdome at his pleasure , and executed the office of the kings , who had nothing but the bare name of kings , and were subject to this grand officer : whereupon theodoricus dying , childericus his sonne being a sott , and for his dulnesse unfit to governe , charles martell master of the palace , ( who swayed all things in theodoricus raigne ) deceasing , his two sons charlemaine and pipin , by the advice of the nobles of the land , considering the insufficiency of the king to rule so great a charge , divided the land of france betweene them , so that either of them should under the king rule and governe such proportion as then there was to them appointed : charlemayne soone after renounced his government and turned monke ; and pipin , as onely ruler , tooke upon him the charge of the whole realme , pipin then considering in his minde in what danger and trouble before him , his father , and he now had ruled the land , and that the king to whom belonged all the charge , kept his palaces , and followed all his delights and pleasures , without taking any paine for reformation of the same ; sent an ambassage to pope zachary , ( asking his advice in point of conscience , ) whether it were more necessary or wealfull for the realme of france , that he should be admitted for king , that did nothing but apply his minde to all bodily pleasures , without care and charge taken upon him for the guarding of the land , and the people of the same ; or he that tooke upon him all the charge and paine in defence of the land , and keeping of the people in the due subjection ? to th●s the pope answered , and wrote back to pipin , that he was best worthy , and most profitable for the realme , to be admitted for king ▪ that ruled well the commonalty by justice and prudence , and the enemies thereof defended and subdued by his policie and manhood . aventine relates his answer more largely , in these words ; i finde ( saith zachary ) in the story of divine scripture , that the people fell away from their wretchlesse and lascivious king , that despised the counsell of the wise men of the realme , and created a sufficient man , one of themselves , king ; god himselfe allowing their doings : all power and rule belongs to god , princes are his ministers in their kingdomes ; and rulers are therefore chosen for the people , that they should follow the will of god , the chiefe ruler in all thing● , and not do what they life● he is a true king that guideth the people committed to his charge according to the prescript and line of gods law ; all that he hath , as power , glory , riches , favour and dignitie , he receiveth of the people , and the people , may when the cavse reqvireth , forsake their king . it is therefore lavfvll for the franks and germanes , refusing this unkindly monster ( childericke ) to chuse some such as shall be able in warre and peace , by his wisdome to protect and keep in safetie their wives , children , parents , goods and lives . which answer of the pope ( recited and approved in our owne king edward the confessors lawes , and childerickes deposition likewise chap. . ) being declared to the lords , barons , and commons of the realme ( whom this pope likewise wholly absolved from their allegiance to childericke ) soone after , they of one assent and minde ▪ proceeded , and deposed , and put downe their king and governour , childericke . being a sott , a foole , abeast , and one unfit to governe , and closed him in a monastery , after he had reigned ten yeares in the kings room , by name onely ; which done , they unanimously elected and crowned pipin for their king : by meanes whereof the royall line of moroveus after discents ended , and the crown was translated to pipins blood . which act in point of policie , is determined lawfull by polybius , who writes , that the reason why some kingdomes became hereditary , was onely this , because their first kings being vertuous and worthy men , they were perswaded their children would prove like them ; but if at any time they degenerat , and prove otherwise , and the posteritie of the first kings displease the subjects , they thenceforth make the kingdome elective ; chusing kings , not according to their strength of body and mindes attempting great things , but according to the difference of their will and reason manifested by their actions : and by aristotle , who informes us , that in kingdomes confirmed in succession of blood , this is to be numbred among the causes of their ruine , that the kingdomes descend to many contemptible and slothfull persons , who although they obtaine no tyrannicall but royall dignitie , yet they live lustfully and proudly ; and so the kingdome easily falls to ground , and becomes a tyrannie , the people being unwilling that such should rule over them ; and so either wholly alter the forme of government , or make choice of a fitter king for the necessary preservation of the state ; yea this election in poi●t of policie and divinity too , is justified and proved lawfull by buchanan , in his book de iure regni apud scotos ; by iohn mariana , de rege & regis instit. l. . c. , . by pope zachary in his forecited epistle , by king edward the confessor in his laws c. . by a generall councell of all the peers , and prelates of france ; convocato enim principum et senatorum concilio de commvni sensv et volvntate omnivn childericum solo nomine regem à regni fastigio deponunt , &c. ac omnibvs gavden●ibvs et volentibvs , pipinum super francos regnare facivnt ; writes antoninus : and in a word , our bishop bilson himselfe , an anti-puritane , and great royalist , affirmes , that if the king be a naturall foole , distracted , and altogether unable to governe , as childericke was , any realme , by publicke consent and advice , may choose another to govern them : of which more before . pipin deceasing , charlemain and charles the great , his sons , reigned joyntly over the frenchmen , by their joyous admittance . having now two kings instead of one lewes , sirnamed the godly , sonne of charles the great , ( a pious , yet unfortunate prince ) by meanes of his sonne lothair , was first imprisoned , and then by a councell and parliament held at compaygne , by authority of the spirituall and temporall lords , and of that parliament , discharged of all rule and dominion , as well of the empire , as of the realme of france ; after that shorne a monke , and thrust into the monastery of saint marke , where he was strictly guarded ; and when some of the nobles and people afterwards desired lothair to release and restore him to his former dignity ; he answered them : that the deposing of him was done by the whole authority of the land ; wherefore if he should be againe restored , it must be by the same authority , and not by him onely : after which by the lords assents hee was restored . lewes and charles , after lewes balbus their fathers death , were joynt kings of france , and being very young , by a parliament held at meaux , lewes the emperour , their vncle , was declared to be more apt to rule the kingdome of france , then these infants , or barnard their guardian , and these children held by some illegitimate . whereupon , by the greater number of voyces an ambassadour was sent to the emperour , to come and take upon him the rule of middle france , which he comming to doe , his nephewes friends compounded with him , and then caused these infants to be c●owned and proclaimed kings . charles the simple , at his fathers death , anno . being too yong to take upon him the charge of the realme , the lords of france put him under good and convenient guiding , and of assent they chose eudo , a man of great fame and worth , to be king of the land , for the terme of his life , and to guide the land , till charles should come to his lawfull age , whom they put under eudo his tuition , making him king in his stead , who was crowned of walter then archbishop of senys . after which when eudo knew he should dye , he called before him the lords and nobles of france , charging them by solemne oath , that after his death they should immediately crowne charles for their king ( whom he had brought up with diligence in learning and all princely vertues ) being then of age to governe . charles comming to the crowne , the danes miserably wasted ●is kingdomes ; whereupon his nobles and people assembled themselves in sundry companies , and w●nt to the king , shewing their misery and blaming his fearfulnesse and negligence , that he no more for him resisted the danes cruelty ; whereupon ( he out of feare belike , lest they should chuse another king to protect them ) compounded with rollo chiefe commander of the danes , giving him all normandy , and his owne daughter in marriage , to purchase peace ; charles being afterwards slaine by hebert earl of vermendoyes , algina his wife mistrusting the frenchmen , fled secretly with her young sonne lewes ( heire to the crowne ) to edward the elder into england : whereupon , that the land might not be without a ruler , the lords of france assembled at paris , and there tooke councell to elect a new king : where , after long debate , they named and crowned raulfe , sonne to richard duke of burgundy king , as next heire to the crown but young lewes : raulfe dying after he had reigned yeares , the nobles hearing that lewes was alive in england , sent for him into france and crowned him their king. lewes the . dying without issue , being the last king of pipens blood ( who enjoyed the crowne . discents ) hugh capet usurped the crowne , putting by charles duke of loraigne , vncle and next heire to lewes , whom by the treason of the bishop of lao● , he took prisoner : after which the crowne continued in this hugh and his heires . philip the . of france , by a counsell of his prelates was excommunicated for refusing to take ingebert his wife , whom he unlawfully put from him , and to renounce mary whom he had married in her stead ; and calling a parliament , they concluded , that king iohn of england should be summoned to appeare as the french kings liege-man , at another parliament to be holden at paris within . dayes after easter , to answer to such questions as there should be proposed to him for the dutchy of normandy , and the county of angeou and poytiers ; who not appearing at the day , philip hereupon invaded and seized them : after which , lewes the . and henry the . of england in a parliament at paris , made a finall composition for these lands . lewes the . being under age , was thought of many unsufficient to governe the realm and when he had a mind to goe to the holy warre ( as it was then deemed ) he did not undertake it , but by the advice of his great councell of spirituall and temporall lords and persons , who assisted him therein . philip the . in the . yeare of his raigne , raised a great taxe throughout france , ( which before that time was never heard nor spoken of ) by his absolute prerogative , without consent of his estates in parliament , which had the sole power of imposing taxes : which taxe all normandy , picardy and champaigne allying themselves together , utterly refused to pay : which other countries hearing of , tooke the same opinion , so that a great rumour and murmur was raised throughout the realme of france , in such wayes , that the king for pacifying the people , was faine to repeale the said taxe . lewes . of france dying without issue male , left his queen great with child , whereupon philip his brother reigned as regent of france , till the childe was borne , which proved a male , named iohn : who dying soone after , philip was crowned king at paris , albeit , that the duke of burgoyn and others withstood his coronation , and would have preferred the daughter of king lewes . but other of the lords and nobles of france , would not agree , that a woman should inherit so great a kingdome , it being contrary to the salique law : this philip by advise of evill counsell set a great taxe upon his commons to the fifth part of their movable goods , at which they murmured and grudged wondrous sore , and before it was levied , hee fell into a feever quartan and great flixe , whereof hee dyed : which sickenesse fell upon him by prayer of the commons for laying on them the said grievous taxes . charles the fifth of france , having a purpose to drive all the english ●u● of aquitaine , and other parts of his kingdome ; and being provided of all things which he thought needfull for the doing of it , yet would not undertake the warre without the counsell and good liking of the nobility and people , whose helpe he was to use therein : wherefore he commanded them all to be assembled to a parliament at paris to have their advice , and by their wisdome to amend what had by himselfe not altogether so wisely been done , and considered of . and this warre being at last decreed by the councell , prospered in his hand , and tooke good successe . whe●eas when the subjects see things done , either without counsell , or contrary to the wills and decrees of the senate or co●ncell , then they contemne and set them at naught , or elfe fearfully and negligently do the command of their princes ; of which contempt of lawes , magistrates , and sedditious speeches ensue among the people ; and so at length most dangerous rebellion , or else open conspiracy against the prince , as bodin observes . this charles dying without issue male , leav●ng his wife great with childe , philip earle of valoyes , his nephew , was by the barons and lords made protector and regent of the realme of france , untill such time as the queene was delivered ; who being brought to bed of a daughter onely , hereupon philip was crowned king. betweene him and king edward the third of england , and their councells , arose great disputations for the right and title to the crowne of france ; for it was thought , and strongly argued by the councell of england , for so much as king edward was sonne and sole heire to his mother queene isabel , daughter to king philip le beaw , that he should rather be king of france , then philip de valoyes , that was but cousin german to philip le beaw : of which disputations , the finall resolution of the lords and parliament , was , that for an old decree and law by authority of parliament long before made , ( which the english much oppugned ) that no woman should inherite the crowne of france ; therefore the title of edward by might of the frenchmen , was put by ; and philip by an act of the whole french state , ( by which his right was acknowledged ) admitted to the government of the same . after which one simon poylet was hanged in chaines , headed , and quartered at paris , for saying in open audience , that the right of the crowne of france belonged more rightfully unto king edward , then to king philip ; who had long warres about these their titles to the crowne . king iohn of france , in the fifth year of his reig●● , had by authority of the three estates of his realme assembled in ●arliament ( to wit of the spirituall lords and nobles , and heads of cities and good townes of his kingdome ) men waged for a yeare , granted to him to defend him and his realme , aga●n●t edward the third king of england ; who the next yeer following took king iohn prisoner in the field : whereupon charles duke of normandy , his eldest sonne , and heire apparent , assembled the estates at paris in a parliament there held , craving aid of them to redeem their captivated king ; who promised their uttermost help herein , desiring convenient time to consult thereof : which granted , the three estates holding their councell at the gray fryers in paris , appointed fifty person ▪ among them to take view , and make search of the grieyances and evill guidance of the realme ; who after examination appointed six of themselves to acquaint the duke , that the realme before time had beene misguided by ill officers , and except remedy for it were shortly found , it should stand in perill to be lost ; wherefore they besought him to discharge all such as they would name unto him , and over that to forfeit their goods to the kings use . and first they name peter archbishop of roa● , chancellor of france , sir simond de bury , chiefe counsellor of the king and parliament too , sir robert de lorize before time chamberlaine to the king , sir nicholas brake master of the kings palaces , engueram burgesse of paris & under treasurer of france , iohn pryll soveraigne of the money & kings accounts , and iohn channeon treasurer of the kings wars . all which officers they would should be discharged all royall offices for ever : also they would that the king of naverne ( then imprisoned by the king of france ) should be set free , and that duke charles himselfe would be contented to be advised and counselled by such as they should appoint unto him ; namely , by foure prelates , twelve knights , and twelve burgesses , which eight and twenty persons should have authoritie to rule and ordaine all things necessary for the realme , to set in and put out all officers appertaining to the realme , with divers other requests which unto the duke were nothing agreeable : vpon which requests the duke gave answere , that he would counsult with his councell , and thereupon would shape unto them some reasonable answere . but first he desired to know , what aide the three estates would give unto him , for delivery of his father : whereunto was answered , that the clergie had given a disme and a halfe to be paid in a yeare , with that , that they may have license of the pope , and the lords as much to be levied of their lands , and the commons the tenth penny of their moveable goods . the morrow following the duke and his councell met , and after many messages betweene them and the three estates , offers to reforme some part of the articles . but the estates firmely answered , that unlesse he would reforme all the said faults , and confirme the said articles to their minde , for the common-wealth of all the land , they should not aide him with their goods , like as they shewed him . the duke hereupon secretly acquainted king john of these proceedings , who wrote to him againe , that in no wise he should agree to the said requests , and to the end that these matters should not be touched in open parliament , he deferred the debate of them from day to day ; and at last by advice of his councell , dis●olved the parliament of the three estates , and commanded every man to returne home without any effect of their long counsell : wherewith many of the said persons were grievously miscontent , saying among themselves , that they perceived well this was done by the duke to the intent the requests by them devised , should not take place , but that the old misgovernance might continue like as before times it had done : wherfore divers of them assembled againe at the gray fryers , and there made out divers copies of the said requests , to bear them into their countries , and shew them unto the good townes . and albeit the duke after this councell thus disolved , asked ayde of the citie of paris , and other good townes to maintaine his wars ; he was plainly answered , that they might not ayde him , unlesse the three estates were againe reassembled , and that the grant of the ayde might passe by their authority : whereunto the duke in no wise would agree . in the mean time the estates of languedock assembled in their province by the earle of armenake , the kings lieutenant , to make ayde for the kings deliverance , agreed to purvey at their proper costs men at armes , with a furniture to every speare , and a souldiers on horsbacke , arbalestres , and others called gunsiers : all which to be waged for a whole yeare ; and farther ordained , that no man should weare any furres of great price : that women should leave the rich attire off their heads , and weare neither pearle nor gold upon them , nor silver in their girdles ; and that all manner of minstrelsie should be put to silence , so long as the king remained prisoner . the duke and his counsell after this , proclaimed at paris certaine coynes and values of money , newly ordained by them ; with which proclamation the commons of the city were grievously moved : and for reformation , the provost of the merchants with others , rode to the earle of angeou the dukes brother and lieutenant , ( who was then absent at meaux ) requesting him to cease the use of that money ; and if not they would use such meanes , that it should not be suffered to be put forth nor taken within the city : whereupon after long debate it was agreed , that the money should be stopped till the dukes pleasure was knowne : vpon whose returne , the dukes counsell sent for the provost , and desired him to suffer the said money to run and be currant throughout the said city ; which , the provost with his company utterly denyed : and after many great and bold words , departed from the counsell in great ire , and after their returne unto the city , incensed so the commonalty , that they set apart all workmanship and occupation , shutting in their shops , and drew unto their armour and harnes . the duke informed of this murmure of the commonalty of the city , straitly commanded the provost , that the kings peace were kept within the city ; and that he with certaine citizens should appeare at the palace before him and his counsell the next day , at an houre assigned : at which time the provost with his company came and were conveyed into the parliament chamber , where the duke and his counsell were present . then the duke after certaine challenges made to the provost for his obstinacy and misleading the commonalty of the city , said : that , albert the king by his prerogative , might at his pleasure , and for his advantage , make his monies when he would , and so to suffer them to be currant thorow his realme ; yet for the weale and ease of his subjects , considering their manifold and late charges , he was content , that at this season , this new money should be spared ; and that the . estates should be againe assembled , and that they should deprive all such persons then bearing offices as they should thinke prejudiciall to the realme , and over that , to ordaine such money as might be beneficiall for the land : of all which grants the provost , to the intent , that he might of authority shew them unto the common●lty of the citie , de●●ed a writing : the which the duke to appease the people , though it were much contrary to his minde and his pleasure , granted unto his request . the thirtieth day of ianuary ensuing , the duke , at the request of the said provost , sent certaine officers to the houses of simon de burg , and others accused of misgoverning of the realme , whose houses the said officers seized and made inventories of their goods : that done , the duke sent out commissions , and assembled the three estates againe at paris , the . day of february : where , in the parliament chamber in the presence of the duke , estates , and divers nobles , robert coke bishop of laon by command of the duke , made a long oration , of the misguiding the king and the land by meanes of evill officers , as well by changing of money , as other many unlawfull excises and taxes , to the great impoverishment of the commonalty of the realme , and to the singular enriching and advancement of the said officers ; wherefore the three estates prayed , that all such officers may be removed from their offices , and other that shall be thought more beneficiall for the king and his realme to be admitted : of which officers the archbishop of roan ( then newly made cardinall ) was noted for one , and other to the number of . whereof some were right neere to the duke . after which oration , sir iohn de pigquine , in the name of the three estates offered , that the three estates should finde to the king . men for an whole yeare , so as all things might after that day be ordered as the bishop had before devised : all which articles were unto them by the duke granted , and incontinently all such officers as they before had named were cleanly avoided , and other such , as by the said . estates were thought most necessary , were put and chosen to their roomes , except that some of the old ( as masters of accounts and some of the pr●●sidents and masters of the requests ) were holden in for a time , to shew unto the new , how they should order and guide their said offices : and the of march was a new money proclaimed thorow paris , such as the said . estates had newly devised . the king informed of this , sends the archbishop of sennes and two earles from burdeaux where he was prisoner , with a proclamation , which they caused to be proclaimed in paris the . of april , that the people should not pay such subsidies , as the . estates had ordained for the waging of the . men aforesaid , or for the kings fine ; and also that the . estates after that day should no more assemble for any causes or matter before touched , till they had farther knowledge of the kings pleasure : for which proclamation the citizens of paris much blamed the said bishop and earles , who purchased it , who as soone as this proclamation was made , for feare of the people , fled from paris . vpon this proclamation the commons waxed so mad , that they left their occupations , drew them to conventicles and companies , and used many unfitting words of the king and his counsell : whereupon to avoid inconvenience , the duke commanded a watch to be kept in the city day and night , and certaine gates of the city to bee kept shut . vpon the . day of april , another proclamation was made all contrary to that other . by vertue whereof , it was charged , that the fore-said subsidies should bee levyed , and also that the . estates shouldre-assemble at paris , the . day after easter , and there to proceed upon all such matters as were before by them bega● . when the estates meet againe there grew a difference between them and the duke , about the subsidies for the finding of . men , the summe assessed for that pu●pose being too small by much , the clergy and lords th●n refusing to pay any more then they were first sessed unto : by meanes of which difference , the assembly of state was dissolved . whereupon strait command was given by the duke to the provost of paris and others ( who bare principall sway within the city , and were great stricklers and doers in the assemblies of the . estates , so that much of the businesse was ruled by them and their meanes ; ) that they should cease their authority , and not to deale any more with the rule of the realme , but onely with the good rule and government of the city of paris : that done , the duke rode about to divers good townes , making request to them for ayde , and to have this new money currant among them . but he sped little of his purpose . then shortly after he assembled at paris certaine person of . or . townes next adjoyning , with whom he held a counsell for sundry dayes ; who in the end shewed him ; that they might bring no thing to effect without the assembling the . states , besought him that they might be eft-soon assembled , trusting that they would then satisfie his minde : upon which the duke sent forth commissions , charging the said . estates to appeare before him at paris the next wednesday after all saints day ; which they did , where the duke condiscending to their former articles he gave the king of navarre and the . estates full content ; who promised that they would demeane themselves to his father and him , as true and dutifull sub●ects ; and advising 〈◊〉 to take upon him the government of the realme , they created him regent of france , during his fathers imprisonment . after this hee assembled the estates and chiefe burgesses of cities at paris , and acquainted them with the king of englands large demands for his fathers inlargement ; which were so displeasing to all the company , that they answered , the said treatie was neither honourable nor profitable : and rather then the king should binde him and his land to such inconveniences , they would prepare to m●ke sharpe warre against england : whereupon they granted to finde divers thousands of men at arms , at their owne costs , for certain moneths , to relieve the king : and at another parliament assembled when iohn was dead , and charles came to the crowne , they granted an excise of every penny of all things bought and sold for the maintenance of his warres , the spiritualty granted him a disme , and the lords and gentlemen were stinted at a certaine . and in the eleventh yeare of his reigne , he assembled his great councell of parliament at paris , where among many acts made for the weale of the realme ; he , with the assent of the lords and commons there assembled , enacted for a law after that day to be continued , that all heires of the crowne of france , their fathert being dead , may be crownned as kings of france , so soone as they attained to the age of fourteene years . and in the fifteenth yeare of his reigne , the duke of flanders granted to those of gaunt such articles of agreement , for the confirmation of their liberties , the repealing of illegall taxes , the electing of their owne officers , the dukes councellours , and the like ( which you may read in fabian ) as plainly manifest this whole dukedome and people to be of greater jurisdiction then himselfe , though invested with regall authoritie , and that he had no power to impose any taxes on them , without their grant and consent ; the contrary whereof caused many bloudy warres among them . charles the seventh ( after fabians account , but sixt after the french history ) a childe of thirteene yeares , by reason of the difference between the lords who should be vic●gerent , was by the advice of the major part of the lords , for the common good of the realme , crowned at raynes within the age of fourteen yeares , contrary to a law made in the eleventh yeare of his father . in the fourth yeare of his reigne , the citizens of paris murmuring and grudging for divers impositions and taxes unduely leavied upon them , suddenly arose in great multitudes , intending to have distressed some of the kings houshold : whereupon soone after , the kings councell considering the weaknesse of the treasure , and his great charges and needs ; and assembling a parliament of the rulers of paris , roan , and other good townes , exhorted them to grant the king in way of subsidy , twelve pence in the pound , of all such wares at that day currant , for the defence of the realme and subjects . ●o the which request , after consultation taken , it was answered ; that the people were so charged in times past , that they might not beare any more charges till their necessity were otherwise relived : and so the king and his councell at this time were disappointed . in his seventh yeare , by the duke of angeau his procuring , a tax was laid upon the commons of france ( without the three estates : ) which to bring to effect , many friend● and promoters were made , as well of citizens , as others . whereupon the commons of paris and roan became wilde , assembled in great companies , chose them captains , and kept watch day and night , as if enemies had been about the citie ; utterly refusing to pay that tax . this charles being none of the wisest prince , ruled by his houshold servants , and beleeving every light tale brought unto him , marching against the duke of brittaine , as he came neare a wood , was suddenly met of a man like a beggar , which said unto him , whither goest thou sir king ? beware thou goe no further , for thou art betrayed , and into the hands of thine enemies thine owne army shall deliver thee . with this monition the king was astonied , and stood still , and began to muse . in which study one of his followers that bare his speare , sleeping on horsback , let his spear fall on his fellowes helmet ; with which stroke the king was suddenly feared , thinking his enemy had come unawares upon him ; wherefore in anger he drew his sword , slew foure of his owne kinghts ere he refrained , and took therewith such a deadly fear , as he fell forthwith distracted , and so continued a long season , being near at the point of death . vvhereupon his brother lewes of orleans , being but young , the states of france thought it not convenient to lay so heavy a burthen upon so weake shoulders ; wherefore his two vncles the dukes of berry and burgoine , by avthority of the states of the land , specially assembled in parliament upon this occasion , tooke upon them to rule the realme for that season , it being ordered by a speciall law , that they should abstain from the name of regent , unfit in this sudden accident , the king being alive , and of years : and because the duke of berry had but an ill name , to be covetous and violent and was therefore ill beloved of the french , his younger brother philip duke of burgoyn , had the chiefe charge imposed on him ; and though the title was common to both , yet the effect of the author tie was proper to him alone , who changed divers officers . after which the duke of orleance was made regent , being the kings younger brother , who p●essing the people with quo●idian taxes and ●allages , and the spirituall men with dismes and other exactions , he was at length discharged of that digni●ie , and the duke of burgoyne put in that authoritie . after this our king henry the fift , gaining a great part of france , and pretending a good title to the crowne ( recited at large by hall and iohn speed ) the frenchmen to settle a peace , made this agreement with king henry : that he should marry katharine the french kings daughter , and be admitted regent of france , and have the whole government and rule of the realme , during charles his life , who should be king of france , and take the profits of the crowne whilest he lived ; and that after the death of charles , the crowne of france , with all rights belonging to the same should remaine to king henry , and to his heires kings : that the lords spirituall and temporall , and the heads and rulers of cities , castles and townes , should make oath to king henry , to be obedient to his lawfull commands concerning the said regency , and after the death of charles to become his true subjects and liegemen ; that charles should in all his writing name king henry , his most dearest sonne , henry king of england , and inheritour of the crowne of france ; that no imposition or tax should be put upon the commons of france , but to the necessary defence and weale of the realme ; and that by the advice of both councels of the realmes of england and france , such stablished ordinances might be devised , that when the said realme of france , should fall to the said henry , or his heires , that it might with such unity joyne with the realme of england , that one king might rule both kingdomes as one monarch ; reserved alwayes to either realme all rights , liberties , franchises and lawes , so that neither realme should be subject unto other , &c. vvhich articles were ratified and agreed with the consent of the more part of the lords spirituall and temporall of france : but charles dying , his sonne charles the eight , was by some part of france , and many lords , reputed and knowledged king , but not crowned whiles the duke of bedford lived and remained regent , our henry the sixth , both in paris and many other cities , being allowed for king of france . after his death , his sonne l●wes the eleventh , ( as fabian accounts ) by strength of friends was crowned king of france ; who refused the counsell and company of his lords , and drew unto him , as his chiefe councellors , villaines and men of low birth , as iohn de lude , iohn bal●a , oliver devill , ( whos● name for odiousnesse he changed into daman ) with others , whom he promoted to great honours and places : vvhereupon the lords murmured , and were so discontented , that the duke of brittaine , and others , withdrew them from the king , and refused to come unto his presence when he sent for them , raising a great power : and when no peace could be mediated betweene the king and them , they met in a plaine battell at chartres , where many were slaine on both sides , but the king lost the field . after which an accord was made betweene them , but the king continued his old courses , delighting more in the company of lewd , irreverent persons , to eate and drink with them , and to heare them talke of ribaldry and vicious fables , then to accompany his lords , which might have won him much honour , going liker a serving man then a prince : and being a great oppressor of his subjects to maintaine hi● prodigality , for lack of money , he was driven of necessitie to aske a preste of the citizens of paris ; who , after many excuses , which might not be allowed , they lastly denyed the kings pleasure . vvherewithall he being grievously discontented , removed divers from their offices , and put many of the richest and head men of the citie to death , upon surmised causes , without proofs of justice : for which causes , and many other oppressions , the lords againe assembled their people , intending to subdue the king , and to set his brother in his place , or to cause him otherwise to rule the commonwealth : to which end all the lords met at a towne called stampes , where they continued their councell fifteene dayes , and then marched to paris , sending four severall letters unto the citie ; one to the bishops and spirituall men , the second to the consulls and headmen , the third to the vniversitie , the fourth to the commonnalty , signifying , that neither they nor any of their company were come thither as enemies to the citie , or to warre against it , or the commonwealth of the land ; but for the increase and augmentation thereof to the uttermost of their powers . vvhereupon these foure parties sent certaine orators for them to the lords , who after long communication with them had , returned to the citie with this report ; first , the lords would that the inhabitants of the city should consider the conditions of the king , which yearly oppressed his subjects with taxes and other grievous servages . secondly , how he despised the noble bloud of his realme , and drew to him villaines and men of no reputation , by whose counsell onely all the common-weale of the land was guided and ruled . thirdly , how hee ruled his subjects by force and will without administration of justice , and himself in all counsels and parliaments is iudge of all causes , and calleth himselfe counsels and parliaments more for this singular weale then for the common-weale of his realme . fourthly , how he enhaunsed men of low birth to great honours , and caused noblemen to be obedient unto them , intending to bring the said ignoble men to be equall with the princes of the land. fifthly , how the lawes be delayed and bolstered by such as stand in his favour , wherethrough at this day law is will , and will is law , and no man almost in any surety of life or goods ; insomuch that daily many have been banished and put to death for unlawfull causes , and also to any noble-man at this day no power or roome of honour belongeth ; so that to the wild beasts in the forrests appertaineth more liberty and surety then to the more party of the kings subjects . sixthly , the great taxes and summes of money which daily be levied of the commons be not spent in the kings honourable needs , and for the commonweale of the realme , but are spent vainly and riotously , and bribed out of the kings coffers ; for which enormities and misgovernance with many other , the said lords were come thither in defensible wayes for the safeguard of their owne persons , as to the head and principall city of the realme , for to have aide and counsell , to reforme the foresaid evills , not intending any harme to the kings person , or yet to remove him from his regality or kingly majestie ; but to induce and advertize him to that which should be for his honour and the weale of his realme , and to live in wealth and honour , as his noble progenitors lived before him ; for which causes and considerations , the said lords , as the kings true subjects , and friends to the commonwealth of the land , and of that city , desired to enter there to refresh them and their people , and to pay truly for all things they should take , without doing harme or violence to any person . all which requests and matters of the lords shewed to the inhabitants of the city , by fauour of some friends they there had , it was with the more partie well accepted , and thought convenient they should be received into the citie ; but by meanes of the earle of davoise it was respited , till they had further knowledge of the kings pleasure : who comming out of normandie into , paris after diuers skirmishes , the king and lords fell to a treaty of peace , whereupon commissioners on both sides assembled and communed together by sundry times two dayes ; in which season new strength of souldiers came to the king out of normand● . the treatie hanging long , and a longer truce being proclaimed , the souldiers fell to robbing , and other unlawfull acts ; and at last , through obstinacy on both parties , all offers were refused , and the day of the truces expiration approached , without hope of accord ; whereupon provisions for warre were made on both sides . then begun g●udges and murmures betweene the kings souldiers and the citizens of paris : and shortly after newes came to the king , that the castle and citie of roan was yeelded up to the duke of burbon : vvhereupon the king considering what great advantage the lords had of him , both by strength and favour of the commons , which daily drew unto them by sundry companies , in avoiding of more danger , concluded a peace : which being proclaimed thorowout all france , the king and lords met , to whom the king shewed great semblance of kindenesse , specially to his brother charles duke of normandy ; wherein appeared great dissimulation , lewes being of such conditions , that what he might not overcome with strength , he would win with dissimulation and treachery . not long after the king warred upon charles his brother , the duke of burgundy and brittaine , and a treaty of peace being propounded betweene them , charles answered , that if a perfect concord should be established between the king and him , it should be authorized by the whole consent and counsell of the barons of the realme . vvith which the king being content , at turon , in the moneth of april , a●d tenth yeare of his reigne , assembled a counsell of his lords spi●tuall and temporall , in the which the demands of charles , and offers of the king were shewed : and after the said counce●l had at length reasoned the said demands and offers , it was finally determined , that the dutchy of norm●ndy was so appropriated unto the king of france , and to his heires , that in ●o wise it might be dissevered from the crowne ; but that a perfect unitie might be had betweene the king and his brother , the king should be instanced to give yearly to his brother in recompence of the said dutchy , pounds of turon money , with certain land to be assigned with the name of a duke , and ann●all rent of like money during his naturall life , for such portion as he claimed to be his right , within the realme . to all which the king agreed , and to pardon the duke of offences against his majestie , and all such lordships as he had wonne from him in britaine , to restore : which offers charles refusing , was the yeare following contented with the dutchy of guyan onely , and so the warre of normandy ceased . after lewes his death most of his speciall and dearest beloved servants and ill councellours ( whom he specially recommended to his sonne charles the ninth on his death-bed ) came to disgracefull ends : oliver damman was beheaded for treason , and iohn doyacon for trespasse and hatred unto the common people by his desert , was with all shame brought to the market place at paris , and there bereft of both his ears , and then banished the court for ever ; by reason whereof arose this proverbe among the frenchmen , principibus obsequi haeredit arium non esse , the favour of princes is not hereditary . philip de commines living under lewes the eleventh , and charles the eighth , by whom he was made lord of argenton , being in high favour with them , and a great councellor of state , hath this notable passage , against the french kings power then to impose any taxes on their subjects , without their free assents in a parliament of the . estates , though the contrary be now daily practised , to the intollerable grievance of the subjects ; is there any king or prince that hath power to leavie one penny upon his subjects , besides his demains , without leave or consent of those that must pay it , unlesse it be by tyrannie and violence ? a man will say , that sometime a prince cannot tarry to assemble his estates , because it would require too long time . whereunto i answer● , that if he move a warre offensive , there needeth no such haste , for he may have leisure enough at his owne pleasure to make preparation ; and further , he shall be much stronger ▪ and much more feared of his enemies , when he moveth warre with the consent of his subjects , then otherwise . now as touching a warre defensive , that cloud is seene long before the tempest fall , especially when it is a forraine warre ; and in this case good subjects ought not to complaine , nor to refuse any thing that is laid upon them : notwithstanding such invasion cannot happen so suddenly , but the prince may have leisure at the least to call together certaine wise personages , to whom he may open the causes of the warre , using no collusion therein , neither seeking to maintaine a trifling warre upon no necessitie , thereby to have some colour to leavie money . money is also necessary in time of peace , to fortifie the frontiers , for defence of those that dwell upon them , lest they be taken unprovided , but this must be done measurably . in all these matters the wisdome of a sage king sufficeth , for if he be a just prince , he knoweth what he may do , and not do , both by gods lawes and mans . to be short , in my opinion , of all the seniories in the world that i know , the realme of england is the countrey where the commonwealth is best governed , the people least oppressed , and the fewest buildings and houses destroyed in civill warre , and alwayes the lot of misfortune falleth upon them that be authors of this warre : our king is the prince in the whole world that hath least cause to alledge that he hath priviledges to leavie what the listeth upon his subjects , considering that neither he nor any other prince hath power so to doe ; and those that say he hath , do him no honour , neither make him to be esteemed any whit the mightier prince thereby , but cause him to be hated and feared of his neighbours , who for nothing would live under such a government : but if our king , or those that seeke to magnifie and extoll him , should say , i have so faithfull and obedient subjects that they deny me nothing i demand , and i am more feared , better obeyed , and better served of my subjects , than any other prince living ; they endure patiently whatsoever i lay upon them , and soonest forget all charges past . this ( me thinks , yea , i am sure ) were greater honour to the king , then to say , i leavie what i list , and have priviledge so to doe , which i will stoutly maintaine . king charles the fift used no such termes , neither did i ever heare such language proceed from any king , but from divers of their servants , who thought they did their master great service in uttering such speeches ; but , in mine opinion they misbehaved themselves towards their prince , and used such language , partly because they would seeme to be good servants , and partly because they knew what they said . but for a manifest proofe of the french mens loyaltie and obedience to their prince , we need alledge none other example then that we have seene our selves of late by experience , when the three estates were assembled at towrs , after the death of our master king lewes the eleventh , which was in the yeare of our lord , . a man might have thought this good assembly to be dangerous for the kings estate ▪ yea , and divers there wereof mean calling , and lesse honesty : that said then , and often said since , that it is treason to make mention of assembling the estates , and a thing tending to the diminishing of the kings authoritie ; but themselves are those that worke treason against god , the king , and the common-wealth ; neither doe any use these speeches , but either such as are in authorities without desert and unworthy thereof , or such as are common tale-carriers , and accustomed to talke of trifling matters , or such as feare great assemblies , lest their doings should there be ripped up and reprehended , &c. charles the eighth of france , beeing but thirteene yeares of age when the crowned descended to him ; hereupon in the year . a generall parliament was held at towrs , with more free accesse then had beene usuall , yet not so effectuall as was expected , every one seeking rather to maintaine his private authoritie then to procure the peoples ease . in this paliament the pragmatick sanction was restored , to use it as they had accustomed . the constables sword was given to the duke of bourgon , the government of the kings person to his sister , a cunning woman , and somewhat of her fathers humour ; but the name of regent was forbidden to them all , to prevent jealousies : and there was a counsell enacted of twelve , by whom matters should be dispatched in the kings name ; of the which lewes duke of orleance should be president . lewes discontented with the device , seekes to hold his ranke ; he pretends , that being the first prince of the blood , the regency belonged unto him : he assists at the councell in parliament , and in the assemblies in towne , and notwithstanding the last vvill of king lewes , and the decree of the estates , yet will he by force have the name and effect of regent . vvhereupon discontents arising , he leaves the court in discontent , and raised a civill warre . however , the estates setled the regencie and affaires of the realme . anno . francis the first king of france was taken prisoner by the emperour charles the fifth in the battell of pavia ; who by mediation of friends for his enlargement , sent the earle of reux his lord s●eward , to offer the king liberty , so as he would resign all the right she pretended in italy ; restore the dutchy of burgongue , as belongeth to him by right , with provence , and dolphine for the duke of bourbon , to incorporate them with other lands which he had formerly enjoyed , and to make all together a kingdome . moreover the emperour offered to give him his sister in marriage , propounding many other conditions ; so absurd and void of reason , as it is better to let the curious reade them in the originalls themselves . amongst all losses , that of liberty toucheth neerest ; but francis having learned to withstand all adversity with a constant resolution , said , i will dye a prisoner rather then make any breach in my realm for my deliverance , whereof i neither wil nor can alienate any part without the consent of the soveraign courts and officers , in whose hands remains the authority of the whole realm we preferre the generall good before the private interest of kings persons . if the emperour will treat with me , let him demand reasonable things which lye in my power , then shall he finde me ready to joyne with him , and to favour his greatnesse . the emperour seeing the king constant in this resolution , in the end yeelded to his delivery , upon these termes , that within six weekes after his delivery he should consigne the dutchy of burgongue to the emperour , with all the dependancies , as well of the dutchie , as of the county , the which should hereafter be sequestred from the soveraigntie of the realme of france ; that he should resigne to the emperour all his rights pretended to the estates of naples , milan , genoa , an● ast : that he should quit the soveraignty of flaunders and arthois , &c. hereupon the king being enlarged , and arrived at bayonne , he was required , to ratifie the accord , which he had promised to doe when hee came to a free place : but he delayed it with many excuses , giving the emperour to understand , that before he proceeded to such an act , it was necessary that he should pacifi● his subjects , who were discontented with bonds which tended to the diminution of the crowne of france , &c. after which , the pope and the venetians sending messengers unto him , he complained of the emperour , that he had wronged him in that he had forced him to make impossible promises , and that he would be revenged if ●ver occasion were offered ; and that he had often told him , that it was not in the power of a french king to binde himselfe to the alienation of any thing depending of the crowne , without the consent of the generall estates : that the lawes of christians did not allow , that he which was taken in warre should be detained in perpetuall prison , which was a punishment proper to malefactors , and not for such 〈◊〉 had bin beaten by the cruel●y of fortune : that all men knew that bonds made by constraint in prison , were of no value , and that the capitulation being of no force , the faith likewise which was but accessary , and the confirmation of the same could not be bound : that by the oath which he had taken at r●emes at his coronation , he was bound ( according to the custome of other kings of france ) not to alienate the patrimony of the crowne ; and therefore for these reasons he was no lesse free then ready to abate the emperors pride . the emperor growing jealous of the kings delayes , for ratification thereof sent one unto him , to be certified of his intent , who found him very unwilling to leave burgundy ; which being very prejudicall to the crowne of france , he said , was not in his power to observe ; and that hee could not alien the bourguinans without their assents in an assembly of the estates of the country ▪ which he intended to call shortly to know their minds . by which it is most apparent , that the kings of france have no power at all to dispose of their crown lands or alienate them to others ( as other subjects may doe ) because they hold them onely in the right of their crowne for their kingdomes use and service , the true proprieters of them . upon which very ground philip augustus king of france , anno . in a solemne assembly of the states at lyons , told walo the popes legate ( who came to prohibit his sonne lewes to goe to receive the crowne of england , because king iohn had resigned it to the pope ; ) that no king or prince can give away his kingdom without the consent of his barons , who are bound to defend the kingdome ; and if the pope decreed to defend this errour , he should give a most pernitious example to all kingdomes : domes : whereupon all the nobles of france began to cry out with one mouth , that they would stand for this article unto death , that no king or prince by his sole pleasure could give his kingdome to another , or make it tributary , whereby the nobles of the realme should be made servants : and the next day lewes his advocate alledged , that king iohn for his homicides and many of her enormities , was justly rejected by his barons , that hee should not reigne over them . that he could not give the crowne of england to any one without the assent of his barons ; and that when he had resigned it , he presantly ceased to be a king , and the kingdome became void without a king , and being so vacant could not be disposed of without the barons , who had lawfully elected lewes for their king : who in pursuance of this his title , ( which the estates of france held just , ) sailed into england , took possession of the kingdome , received homage of all the barons , and citizens of london , who joyfully received him , taking an oath upon the evangelists , to restore them their good lawes , together with their lost inheritances . henry the . of france being casually slaine by the earle of montgommery in running at the tilt , left the crowne to francis the . being but about . yeares of age , the queen mother , with his wives vncles the duke of guise , and the cardinall of loraigne , hereupon usurped the government of his person and realme , dispossessed the chiefe officers of the crowne , kept backe the princes of the blood from court , the true and lawfull governours of the state during the kings minority , and plotted the meanes to raise their race to the royall throne , by displacing all great officers , substituting others of their owne faction , and endeavouring to extirpate the protestant party , whom they feared as most opposite to their treacherous designes ; they doe and undoe , place and displace in parliament and privi● councell , like absolute kings ; they revoke all alienations for life or yeares made by the deceased king in recompence of any services , except sales ; they caused divers protestants to be put to d●ath , imprisoned , pillaged : wherewith the princes , officers and people being generally discontented , to redresse the present and prevent all future disasters that might ensue , require a generall parliament ( as the soveraigne cure for such diseases , whereby the queen mother might be put from her usurped regency , and those of guise excluded from the kings person ) who to please the king , perswade him , that their opposites sought only to bridle and make him a ward , and that he should hold them enemies to his authority and gvilty of high treason that talk of a parliament . the king of spaine to crosse them , by letters to the king his brother-in-law , declares himselfe ( for the good affection he bare to him ) tutor and protector of him , his realme and affaires , against those that would change the government of the estate , as if the king were not capable of the government . pleasant people , which reject so much the word of lawfull tutelage , and yet usurped it against the lawes and orders of the realme , holding it onely by tyranny . after this they cast many slanders on the protestants , put anne du burge and other councellours of parliament to death , pistoll anthony minard president of the parliament , publish sundry edicts against those of the reformed religion , promise great recompences to those that discover their assemblies , fill their prisons with them , imploy ayre , fire and water to ruine them , and kept the king from hearing his subjects complaints . the princes were kept backe , the greatest of the realme out of credit , threatned , and secretly pursued to death , the convocation of the estates refused , the parliaments corrupted , the judges for the most part at the guisians devotion , and the publike treasure , offices and benefices given to whom they pleased . this their violent government against the lawes , and orders of the realme , purchased them wonderfull hatred , and caused many which could no longer endure these oppressions , to consult vpon some ivst defence , to the end they might preserve the just and ancient government of the realme . they demand advice , tovching law and conscience of many learned lawyers and divines : who resolved , that they might lawfvlly oppose themselves against the government which the house of guise had usurped , and at need take armes to repvlse their violece ; so as the princes , who in the case are born magistrates , or some one of them , would undertake it , being required by the estates of the realme , or by the sounder part of them . they who first thought of this act of consequence , had severall considerations : some , moved with a true zeale to serve god , the king and realme , thought they could not doe a greater worke of pietie , then to abolish tyrannie , rescue the state , and to finde some meanes to ease them of the religion . there were others desirous of change , and some were thrust on with hatred , for the wrongs which the house of guis● had done them , their kinsmen and friends : yet all had one designe to suppresse this unlawfull government . in these consultations it was held necessary to seize on the duke of guise , and the cardinall his brother , being advowed by one chiefe member of the state , and then to require an assembly of the three estates , to the end they might yeeld an account of their government , & provide for the king and realm . after which they make the prince of conde acquainted with this their designe , & engage him in this quarrel ; which being discovered , produced a long bloody civill war against the protestants , under this and the two succeeding kings ; in which warre , those that died , departed this world with this singular content , to have couragiously sacrificed their lives for their countries libertie : so the generally history of france ; in which and in richard dinothus you may read at large , both the history and the lawfulnesse of this defensive warre , overtedious to transcribe . francis dying , the crowne descended to charles the ninth , being but eleven yeares of age , and a parliament of the estates being assembled on the three and twentieth days of december , . the queene mother was thereby allowed and confirmed regent during the kings minority : in severall parliaments contradictory acts are made , some restraining , others granting the free exercise of the reformed religion thorowout the realme . the guisian popish faction , being the strongest party , most powerfull at court , and intimatest with the king , notwithstanding all acts for the protestants immunitie and libertie of conscience , impose divers illegall restraints upon them , commit many outrages and massacres on them , for which they could have no redresse ; whereupon for their own defence and preservation , after many fruitlesse petitions , & delusory promises , they take up arms ; whereupon many bloody civill wars ensue . many propositions and overtures of peace were made by the guisian royall party , not one of them reall , but all to get advantages , and over-reach the protestants , against whom they had the most mischievous designes in agitation , when they seemed most earnestly to desire peace . four or five severall conclusions of peace were solemnly made and ratified betweene them , but no sooner made and proclaimed , but presently violated of the king and popish party , by massacres , and new treacherous plots to extirpate the protestant party ; so that every accommodation proved but a seminary of a new and more bloody warre , almost to the utter ruine of france . in the yeare . when a publicke peace was made , and all differences to outward appearance , buried in eternall oblivion ; the king , contrary to his faith and oath , caused the admirall of france , ( the protestants chiefe pillar ) as he departed from the councell to dinner , to be shot with a harguebuze , which carried away the forefinger of his right hand , and wounded him in the left arme the king to colour this treachery , sweares with an execration to the king of navarre , and others who complained of this outrage , to take such exemplary punishment on the offendors , as the admirall and his friends should have cause to rest satisfied , commands them to be pursued , appoints three of the parliament to make information against them , protests after this again and again , to be exceeding sorry ; that this act touched his honour , that he will be revenged for it , so as the memory thereof should remaine for ever ; writes to the governours of the provinces , chiefe townes , and magistrates , that he would take such order as the authors of so wicked an act should be knowne and punished : and to his ambassdours to forraigne princes , that they should make it knowne to all the world , that this outrage did displease him . and for the admirals safetie , he commands the captaines of his guards , to give him as many of his guard as he pleased , to suffer no papist to enter his lodging ; and adviseth all the gentlemen protestants then in paris to lodge about the admirals lodging . but all this court holy-water was onely to keep every bird within his owne nest , and a pitfall to entrap the chiefe of the protestants : for the same day after dinner , the king and queene mother , the duke of guise , and others , take counsell to murther the admirall , and all the chiefe protestants , the night ensuing , not onely in paris , but thorowout all france , whiles they were sleeping in their beds . which most tyrannicall barbarous tragedie was accordingly acted , the admirall slain in his lodging , and his head cut off , carryed to the king and queen mother , who causing it to be embalmed , sent it to the pope and cardinall of lorrain , for an assurance of the death of their most capitall enemy : all the protestants , noblemen and gentlemen , lodging in the admiralls q●arter , undergoe the like butchery ; the streets of paris are strewed with carkases , the pavements , market places and river dyed with protestant blood , about ten thousand of them being thus treacherously massacred in their beds , at such a season when they thought themselves most safe , and that on the lords owne sacred day , a very unsutable time for such a bloody , prophane , infernall sacrifice . no sooner was this m●tchlesse treachery of this king against his owne naturall subjects executed , but he avowes and justifies that which he but the day before so solemnly and openly disclaimed , as a meanes to cut off all commotions for time to come . but this blood-shed begat new warres , and made the protestants in languedoc , rochell ; and other parts , to take up armes in their owne defence , and stand more strictly on their guard than ever before : and god himselfe out of his divine justice , after this horrible butchery committed by this dissembling , cruell , blasphemous king , smote him with an answerable disease , causing him to wallow in his owne blood , which he pitifully vomited out in great abundance , by all the conduits of his body , for div●rs houres , till he dyed : ( a just judgement for him that barbarously shed blood thorowout all the provinces of the realme ) he in the mean time tossing in his bed , and casting out many horrible blasphemies . a notable spectacle for all unnaturall fidifragous princes to looke on , who imbrue their hands in the blood of their christian subjects . vvhich crime ( as the authour of the french history observes ) made his reigne cursed in the city , and cursed in the field ; cursed in the beginning , and cursed in the ending ; mortalitie , sword , famine , cursing , feare , and desolation , following it even unto the end . i shall conclude his reigne with the words of the french history ; doubtlesse god loves not the prince that thirsts after his subjects blood , for the subjects blood is the very blood of their prince . charles dying without heire of his body , the crowne descended to his brother henry the third , then king of poland , anno . his first designe was to extirpate the huguenots and protestant religion thorowout the realme , though the emperour maximilian told him , there is no sinne so great as to force mens consciences , and such as think to command them , supposing to win heaven , doe often lose that which they possesse on earth . his pernicious cabinet councellors , to effect this designe , cause him first to protest by sundry proclamations , his love to the good of his subjects , and to abolish what was past , so as they lay aside armes , de●iver him all his townes , and live quietly in their houses , without any search , constraint , or molestation for matter of conscience . a policie practised onely to bring the protestant party into slavery , all those proclamations making no mention of liberty of their religion , neither of a parliament for the publike government , nor of a nationall councell for matters of conscience : hereupon the protestants stood the more upon their guards , they are full of jealousie , distrust , doubt , feare ; the king and his popish councell indeavouring by this wile to keepe the protestant party at a gaze , whiles they in the meane time made great preparations underhand to put a●mighty army into the field , to ruine them without hope of rising : so they arme on all sides , especially in poicto● ; the protestants are besieged , assaulted in many places , and so manfully repulse their assailants , that they are willing to hearken to a treaty of peace ; wherein the protestants demanding free exercise of their religion thorowout all france , new chambers in the parliament for the execution of justice , punishment of the murtherers of them , ease of imposts , a free assembly of the generall estates , and an assurance for the entertainment of the pretended peace . the king after fifteene dayes conference , promiseth to content them all , but he will have them to referre these demands to his will ; and so the treaty vanished into smoake , and new warres sprung up in every place with new court-designes to undermine and circumvent the protestants , who are aided by a german army , anno . the queen mother seeing the protestant party prosper in their warres , makes a peace betweene the king and them ; who grants the protestants all their former demands , restores divers of them to their goods , offices , honours : avows by a solemne declaration the massacres of them , anno . to have beene committed against all right and law of armes ; he ordained that the children of such gentlemen as had beene murthered , should be restored to their parents goods , and freed from all charges of warre , yea , he avowed their taking up of armes , as taken for his service , &c. which articles , with the kings edict thereon , were allowed by the parliament at paris . but no sooner were their forces disbanded , but they began to finde this peace to be counterfeit , being onely made to dis-arme them , and divide their commanders : none of the premises being really performed . in the mean time the house of guise and their faction send their agents to rome , and spaine , to joyne with them in a catholike league , and under pretence of extirpating heresie , and establishing the roman religion thorowout france , endeavour to settle the crowne upon themselves : their chiefe designes were , to overthrow the succ●ssion of the crowne brought in by hugh capet , in the full assembly of the estates , and to make the naming of a successor subject unto the said estates , to cause the princes of the blood that should oppose against the decrees of the estates to be declared uncapable of succeeding unto the crown ; to make the estates protest to live and die in the faith set downe by the councell of trent ; to cause it to be signed in the open parliament ; to revoke and anull all publike edicts in favour of the protestants and their associates , and to pursue them to the death , that should hinder the extirpation of heresies , &c. these articles of association were first drawne at peronne in picardy , but disguised with goodly shewes , to blinde those that would examine them more exactly , as being onely to maintaine the law , and restore the holy service of god ; to preserve the king and his successors in the estate , dignitie , service and obedience due unto them by their subjects ; to reserve unto the estates of the realme , their rights , preheminences and ancient liberties . and for the execution of these articles , a certaine forme of oath was propounded , inflicting pains of eternall damnation to the associates , that for any pretext whatsoever should withdraw themselves from this league ; and a bond for such as should be enrolled , or imploy their goods , persons , and lives , to punish , and by all meanes to ruine the enemies and perturbers thereof , and them that should faile , or make any delayes , by authorities of the head , as he should thinke fit . soone after a parliament of the three estates is assembled at bloyes , where the catholike leaguers , after much consultation , caused the last edict of pacification , in behalfe of the protestants to be revoked , and procured an edict for the exercise onely of one religion ( to wit the popish ) to be tolerated within the realme . the king of navarre , the prince of conde , the marshall of montmorancy , with divers other noblemen of both religions , foreseeing these practices , and refusing to assist at this pretended parliament , concluded a nullitie of all that should be decreed to prejudice the former edict of pacification ; protesting , that they were resolved to maintaine themselves in the rights , liberties , and freedomes which the edict had granted them . that the troublers of the publike quiet , and sworne enemies of france should finde them in a just defence , and they should answer before god and men for all the miseries that should ensue thereby : yea the prince of conde answered more sharply , that he did not acknowledge them assembled at bloys for the estates of the realme , but a conventicle of persons corrupted by the sworn enemies of the crowne , who have solicited the abolition of the edict , to the ruine and subversion of the realme : that if they had beene lawfully called , he would have assisted , for the sincere affection he beares to the kings service and the quiet of his countrey ; that he will never give his consent to the counsels of the authors of so many confusions which he foresees , &c. hereupon a sixt civill warre begins betweene these catholike leaguers , and the protestants , whose good successe caused the king , an. . to make a new peace with the protestants , and grant them their former immunities . the leaguers discontented herewith , begin to cast forth libels against the king , disgrace him in companies as a sardanapalus , and idle chilpericke , 〈◊〉 to be shaved and thrust into a cloyster ; they cause the preachers publikely in all places , to terme him a tyrant , an oppressor of his people by taxes , and a favourer of heretikes : and under a pretence of suppressing heretikes , reforming publike oppressions ; and settling the succession of the crowne in case the king should die without heire , they , contrary to the kings command , ( who disavows them , and forbids all leavyes of warre ) raise a great army , and so enforce the king to publish a declaration in his owne justification , and to procure his peace with them , to revoke all edicts made in favour of the protestants , and make open warre against them . hereupon the king of navarre ( next heire apparent to the crowne ) for preservation of his owne interest and the protestants , complains against the kings proceedings . layes open the mischievous plots of the leaguers : and then with the prince of conde and other nobles , gentlemen , provinces , townes , and commonalties of both religions , he protests , by a lawfull and necessary defence to maintaine the fundamentall lawes of families , and the estates and libertie of the king , and queene his mother . the leaguers hereupon procure pope sextus the fift , to excomunicate the king of navar , and prince of conde , to degrade them and their successors from all dignities , from their pretentions to the crowne of france , and to expose their countries and persons in prey to the first that should seize on them . the court of parliament declares this bull of the pope to be void , rash , insolent , strange , farre from the modestie of former popes , pernicious to all christendome , and derogating from the crowne of france : the princes likewise protest against , and appeale from it , as abusive and scandalous , to the next free and lawfull councell . the leaguers pursue their begun warres against the king of navarre and protestant party ; who protest to use all lawfull meanes to resist the violence of their enemies , and cast all the miseries that shall ensue upon the authors thereof . fresh warres are hereby prosecuted against the protestants by the leaguers , german forces come in to ayde the protestants ; after macombates the king desires peace , but the leaguers will have none ; and assembling at nancy , they endeavour to force the king to make his will , and allow the regency unto them ; to which end they conclude , that the king should be urged to joyne his forces effectually with the league , to displace such from their offices as should be named , to bring in the in the inquisition of spaine , and publish the councell of trent , but with a moderation of such things as derogate from the priviledges of the french church ; to consent to the restauration of the goods sold by the clergy for the charges of the warre , to give them townes to be named and fortified as the time and necessitie required , to forfeit the huguenots bodies and goods , and to entertaine an army upon the frontiers of lorraine against the germanes . after which the duke of guise approaching to paris , enters it against the kings command , who was jealous of him ; mutinies the citizens against the king , who thereby is forced to retire from thence for feare of being surprized by the duke , who plotted to seize his person . after which the duke by the queene mothers mediation , is reconciled to the king ; who for feare of his power , by an edict of re-union , admits no religion but the popish , promiseth never to make peace nor truce with the heretikes nor any edict in their favour ; bindes his subjects to sweare , never to yeeld obedience after him , to any prince that shall be an heretike , or a favourer of heresie ; degrades from all publike charges , either in peace or war , those of the reformed religion ; promiseth all favour to the catholikes , declares them guilty of high treason who shall refuse to signe to this new union , and shall afterwards depart from it , but signing this forced edict , he wept . to establish which edict , and work their further ends , the leaguers cause the king to summon a parliament of the . estates at bloyes , procuring those of their faction to be chosen of this assembly : where establishing the former extorted edict , they thereby exclude the king of navarre , ( an herelike as they deemed him ) from the crowne of france , to which he was next heire : an heretike cannot reigne in france , it is an incompatible thing with the coronation and oath which he ought to take ; hurtfull to the honour of god , and prejudiciall to the good of the realme : then they declare the king an enemy to , and oppressor of his people , a tyrant over his realme , that so the people should presently resolve to confine him unto a monastery , and install the duke in his throne . and at last , the king being certainly informed of the dukes traiterous designes to surpize him , and usurpe his throne , caused the duke and cardinall of burbon ( the chiefe heads of the league ) to be suddenly slaine , and others of them to be imprisoned . hereuppon the parisiens mutinie , and take up armes afresh ; the colledge of sorbone concluded by a publike act of the seventh of ianuary , . that the people of france are freed from the oath of obedience and fealty which they owed to henry of valoys , and that lawfully and with a good conscience they may arme against him , receive his revenues , and imploy it to make warre against him . after which the assembly of the estates dissolving , the parisiens imprison the court of parliament at paris , till they condescended to their pleasures , and confirmed a generall councell of the union , consisting of fourty choice men of the three estates , to dispose of the publike affaires , and conferre with the provinces and townes of the league . to which many assistants were afterward added by the nobles , and a declaration ( in manner of an oath ) for the entertainment of the vnion , made , sworne , and subscribed to by many ; one of which prickt his own arme , to signe it with his owne blood , and became lame thereby . the people condemne , imprison , spoile , ransom of their absolute power , and sell the goods of any that bears not the mark of their inraged faction . hereupon the king turning his lenitie into fury , proclaims them rebels and traitors , if they come not in and submit by a day ; and reconciles himselfe to the king of navarre : they go on with greater insolency then before , set out a great army under the duke of mayenne ; crave assistance from the pope and king of spaine ; surprize divers townes , robbe churches , ravish wives and virgins , murther men of all sorts even before their altars , commit all the outrages , wickednesses which irreligion and impiety could invent in madd souldiers . the king at last besieged paris , take some of the outworks , and was like to master the citie ; but in the middest of this attempt he was stabbed in the belly with a knife , by iames clement , a iacobin friar of two and twenty years old , ( sent out of paris to act this tragedie on the kings person ) who vowed to kill the tyrant , and to deliver the city besieged by se●nacherib . the murtherer was presently slaine by those who came in to assist the king , who within few houres after died of this wound , which he received in the self-same chamber wherein the counsell for the massacre of the protestants was held on that fatall day of saint bartholmew , . a notable circumstance of divine justice upon this prince , who being ever a zealous promoter of the romish religion , was murthered by a zealot of it , and had his owne blood shed by those who spurred him on to shed the blood of protestants , in the very chamber where the most babarous massacre of protestants that ever the world beheld , was contrived . henry when the pangs of death seized on him , declared henry the fourth , king of navarre ( his brother in law ) the lawfull successor of the crowne of france , as in truth he was , notwithstanding the edict of bloys to exclude all heretikes from the crowne . the parisiens and holy vnion refuse to accept him for their soveraigne , proclaiming charles the tenth for their king , and triumphing exceedingly at henry his death . the parliament at bourdeaux commands all men under their jurisdiction , by a decree of the nineteenth of august , . to observe inviolably the edict of vnion in the catholique , apostolike and romish church ; and declarations are hereupon made . the parliament of tholousa is more violent ; they decree , that yearly the first day of august they should make processions and publike prayers for the benefits they had received that day , in the miraculous and fearfull death of henry the third , whereby paris was delivered , and other townes of the realme ; forbidding all persons to acknowledge henry of burbon , the pretended king of navarre , for king ; declaring him uncapable ever to succed to the crowne of france , by reason of the notorious and manifest crimes contained at large in the bull of excommunication of pope sixtus the fifth . the court of parliement at r●an , no lesse violent and presumptuous then that of tholousa , pronounced them guilty of high treason , both against god and man , and the estate and crowne of france , that had opposed themselves against the holy vnion , and all royalists and their successors deprived of all prerogatives of nobility ; their offices to be void , not to be recovered , and all their goods forfeited : anno . they renew this edict every eight moneth . thus the league kindled afresh the fire which the siege of paris had somewhat quenched : the king raising his siege before it , and returning to arques , the leaguers army followed him , and are there defeated : after which the king with a small army gaines many great conquests , which amaze the leaguers ; he be●iegeth paris above three moneths , where more then one hundred thousand people died of famine , yet they force the parliament to pub●ish a decree the fifteenth of iune , . forbidding upon pain of death all men to speak of any composition with henry of burbon , but to oppose themselves by all meanes , yea , with the effusion of their blood . but the belly hath not ears , the people are not fed with paper , or promises , they mutinie and demand peace ; whereupon deputies are sent to the king to treat a peace ; who to defeat the spanish army called in by the leaguers , raiseth his siege , and routs the spanyard , with other forces of the league in sundry places , which makes many desire peace ; yet by meanes of pope clement the eighth his bull , the duke of mayenne , and the popes legate , they intend to summon a convocation of the estates of paris to elect a new king , desiring the cardinall of placentia to assist and confirme this their intended future election . the parliament of paris removed to chaalons gives sentence against the popes bull , and nulls it : the king sets out a declaration against the leaguers as traitors and rebels , declares this assembly of the estates without his authoritie , to be against the lawes , against the good and quiet of the realme , and all that should be treated or concluded therein , abusive , and of no force . on the contrary , the popes legate , by a publike exhortation full of injuries , labors to perswade the french , that the king , long since dismembred from the bodie of the church , was most justly pronounced uncapable of the crown . the spaniyards lobouring the estates to elect the infanta of spain king ; the parliament of paris by a decree of the eight and twentieth day of iuly , declare all treaties made or to be made to that end , void , and of no validitie , as being made to the prejudice of the salique law , and othe fundamentall lawes of state. the king to quiet these differences , and gain peaceable possession of the crown , most unworthily deserts his religion , reconciles himselfe to the church and pope of rome ; yet one peter barriere ▪ seduced and perswaded by a capuchin of lyons , aubry a priest of paris , and father varide a lesuite , was apprehend●d at melua , and executed , for attempting to murther the king with a sharpe two-edged knife , which fact he confessed , after this the townes subject to the league , returne by degrees to the obedience of the crown ; the king is solemnly crowned at chartres , rhemes shutting the gates against him . this done , he surprizes paris , and notwitstanding their former ●ebellions , grants them all free pardon upon their submissions . the parliament at paris disanuls all the decrees of the league , and pretended assembly of estates , as void , and done by private persons , without due election ; grants processe against the iesuites , as chiefe pillars of the league , disgracing the new kings majesty , and the memory of the deceased king in their sermons ; and perswading the execrable attempt of peter barriere to stabbe him ; the cardinall of burbon , the duke of nevers with others , protect and s●e for them ; who soone after suborne iohn chastle , one of their novices , ( of the age of eighteen years ) to stabbe the king ; who creeping into the kings chamber at the lonure in paris , among the presse , december . . and thinking to stabbe the king in the belly , as he resolved , struck him on the upper lip ▪ and brake a tooth , as he stooped to take up some gentleman who saluted him ; for which fact he was condemned by the parliament as guilty of high treason , his body adjudged to be torne in peeces by four horses , then burnt to ashes and cast into the winde , and all his goods confiscate to the king : all the iesuites , with their schollers , were hereupon banished the realme , as corrupters of youth , troublers of the publike quiet , enemies of the kings state , and none of them to remaine above fifteen dayes , nor any to harbour them within the realme under paine of high treason . i have heard from a gentleman of credite , which served this king , that when he was thus stabbed in the mouth by chastle , one of the religion gave him this christian admonition , sir , you have denied god already with your mouth , inrenouncing the protestant faith , which you once professed ; now god in his justice hath permitted this iesuite , of that religion you revolted to , thus to stabbe you in the mouth : o take heed you deny him not in your heart , lest the next stroke they give you be to the heart . which fell out accordingly , for after four or five more severall attemps of the iesuites and papists to murther him ▪ which were discovered and prevented , he was stabbed to death with a knife by one francis ravillac , ( a papist at the iesuites instigation ) as he was riding in his caroch neare to innocents church in paris , for suffering two religions in the kingdome , as the traitor professed . this villaine stabbed him first in the left pap , and next between the fift and sixt ribbe , cutting asunder the veine leading to the heart , and entring into the cava vena ; and being dead the iesuites of his royall colledge at la fletche ( whom he restored and favoured exceedingly , notwithstanding their former treasons , and banishments of them out of france , causing the pyramis erected by sentence of parliament as a monument of their treasons to be rased , and yet were found to have a chiefe hand in this his death ) begged and procured his heart to be there interred : o the admirable passages of divine iustice , that those two henries , who most advanced the popish religion , and abandoned the protestant faith to humour the iesuites and papists , thereby to secure their crownes and lives , as they beleeved , should thus fatally perish by those of that religion , and their unlawfull revolts thus used to preserve their lives ; whereas our nobler queen elizabeth continuing constant in her religion , notwithstanding all allurements menaces and attempts upon her person , to withdraw her from the truth , was miraculo●sly preserved from all the bloody assaults of this infernall generation of romish vipers , and went to her grave in peace . but to return to this kings actions ; anno . king henry calls a generall assembly at roan ●n forme of a parliament , where he speaking to the assembly , told them , that at his coming to the crowne he had found fr●nce not onely ruined , but almost all lost for the french , but by the grace of almighty god , the prayers and good counsell of his subjects , the sword of his princes , and brave generous nobilitie , and hi● owne pains and labour , he had saved it from losse ; let us save it now from ruine , participate with me , my dear subjects in this second glory , as you have done in the first ; i have not called you as my predecessors did , to make you approve my will , i have caused you to assemble , to have yovr covnsels , to beleeve them , and to follow them ; finally , to pvt my selfe into yovr hands : a desire which seldome commands kings that have white hairs and are conquerours ; but the love i beare unto my subjects , and the desire i have to adde these twoo goodly titles to that of king , makes me to finde all easie and honourable . after this the king and parliament set forth divers edicts , against the transportation of gold and silver , the wearing of gold & silver , excessive usurie , advocates extortions , duels , bankrupts , and the like . this martiall king being murthered by ravillac , as aforesaid , the crowne descended to lewes his sonne , not then ten years old : the court of parliament at paris having notice of his death , made this decree in parliament , may . anno . whereas the kings attorney generall hath informed the court of parliament , and all the chambers thereof assembled , that the king being now murthered by a most cruell , inhumane and detestable paricide , committed upon his most sacred person , it were very necessary to provide for the affairs of the present king , and for his estate , and hath required that there be present order given concerning the service and good of his estate , which cannot be well governed by the queen , during the minoritie of the king her sonne ; and that it would please the said court to declare her regent , that the affairs of the kingdome may be governed by her : whereupon having consulted , the covrt hath declared and doth declare the qveen ( mother to the king ) regent of france , for the governing of the state , during the minortie of her sonne , with all power and authoritie . the next day the king himself sitting in the seat of iustice in parliament , by the advice of the princes of his blood , prelates , dukes , peers and officers of the crown , according to the decree made by the court of parliament , declared and did declare the queen his mother regent in france , and to have the care of bringing up his person , and the government of the affairs of his kingdome during his minoritie ; commanding the edict to be enrolled and published in all the bayliweeks , senescaushes , and other jurisdictions depending upon the said court of parliament , and in all other parliaments of the realme ; so that the queene mother was setled in the regency by the parliament and whole state of france . after which pasquier , counsellor and master of requests , writ her a large letter touching the government of the state , wherein he informed her , that she must not forbear to assemble the estates , for the reason that some would suggest unto her , that they will be some blemish to her greatnesse ; it is quite contrary : the estates having confirmed it by publike authoritie , will settle it fully . commonly the estates assemble to provide for the present and future complaints of the generall of this monarchy , and to reduce things to their ancient course ; the people being the foundation where on this realm is built , and the which being ruined , it is impossible it should subsist : take away these new edicts , impositions and subsidies : it is better to gratifie a people , than to intreat them roughly . above all things beware that you follow not your own opinion alone , in manag●ng the affaires of the realme . hereupon four and fifty edicts and commissions were revoked , wherewith the subjects had been oppressed . when the king was to be crowned , the prelates made this request to him at the altar before his coronation ; we pray and require that you would grant unto every one of us , and the churches whereof we have the charge , the canonicall priviledge● , good lawes , and justice ; and that you will defend us , as a king ought all his bishops and their churches . whereunto the king answered ; i promise to preserve you in your canonicall priviledges , as also your churches ; and that i will give yov ( in the future ) good laws , and do you iustice , and will defend you , by the help of god , according to my power ; as a king in his realm ovght to do in right and reason , to his bishops and their churches . after which having been acknowledged their lawfull prince , by a generall consent of all the orders , the gardinall of ioyeuse presented unto him the oath of the kingdome , ( the sacred bond of the fundamentall lawes of the state ) the which he took publikely in these words , with invocation of the name of god , having his hand upon the gospell , which he kissed with great reverence . i promise in the nam● of iesus christ , these things to the christians subject unto me ; first , i will endeavour that the christian people shall live peaceably within the church of god : moreover , i will provide , that in all v●cations , theft , and all iniquitie shall cease : besides , i will command , that in all judgements equitie and mercy shall take place ; to the end that god , who is gentle and mercifull , may have mercy both on you and me . furthermore , i will se●k by all means in good faith to chase out of my iurisdiction ▪ and the lands of my subjection , all hereticks denounced by the church ; promising by oath to observe all that hath been said : so help me god , and this holy evangell . after this bellarmines book of the popes power in temporall causes , becanus , and scoppius books , marianaes book de r●ge & regis institutione , suorez his book , with others , which taught , that the pope was above kings in temporall things , and that it was lawfull for private subjects by the popes authoritie to murther kings that were heretikes , and that the murthers of henry the third and fourth , by chastle and ravillac were lawfull and commendable ; were prohibited and condemned to be burnt by edicts of parliament . anno . the reformed churches of france , at their generall assembly at samure by the kings permission , made a generall vnion , which they did swear to keep inviolably , for the good , quiet , and advancement of the said churches , the service of the king , and queen regent , and preservation of the estate ; and appointed six deputies therein , for the dispatch of all their affaires , anno . the prince of conde with divers other princes , dukes , peers , noblemen , and officers of the crowne retinued from the court in discontent , and meeting at meziers , writ severall letters to the queen , parliament , and others , complaining therein of divers g●ievanc●s and disorders in the government , which they desired might be redressed , by summoning a generall assembly of the three estates to be free and safe , to be held within three ●oneths at the furt●est , protesting , that they desired nothing but peace and the good of the realme , that they would n●t attempt any thing to the contrary , unlesse by the rash resolution of their enemies , ( who covered themselves with the cloke of state under the queene regents authority ) they should be provoked to ●●pell the injuries done unto the king and state by a natvrall , ivst and necessary defence . after which with much adoe articles of peace were concluded on at saint manchold , between the king , queen regent , and these n●bles ; wherein it was among other things accorded , that the generall estates of the realme should be assembled at sens by the four and . day of august , in which the d●puties of the three estates , may with all libertie propound whatsoever they shall think in their consciences to be for the good of the realme and ease of the subject ; tha● thereby the king with the advice of the princes & estates might make some good laws and ordinances to contain every man in his dutie , to fortifie the lawes and edicts made for the preservation of the publike tranquilitie , and to reforme the disorders which may give just occasion of complaint and discontent to his good subjects : that the kings mariage with spaine , formerly concluded on , should be respited and not proceeded in during his minority : that all garisons put into any places of the realme by reason of the present motions , should be discharged that letters patents be directed to all courts of parliament to be verefied , by which his majestie shall declare , that the said princes , nobles , and others of ● hat quality and condition soever , which have followed and assisted them in these alterations , had no bad intentions against his service , with all clauses necessary for their safeties and discharges , that they may not be called in question hereafter , and that they shall be restored to their offices , estates and dignities , to enjoy them as they had formerly done . and in like manner his majestie shall write to all princes , estates , and common-wealths allied to the crowne , and men of qualitie shall be sent expresly to them , to let them understand what he had found concerning the innocency and good intention of the said princes , officers , and nobles . after which the three estates were published , deputies elected ; and the king ( by his councel and parliament of paris ) was declared of full age , according to a fundamentall law made by charles the fift , ratified by the court of parliamnt ; that the kings of france , having attained the full age of thirteene years , and entring into the fourteenth , they should take upon them the soveraigne government of the estate : whereupon the queen mother in the parliament resignes the regency and reignes of the empire into his hands . after which the three estates assembling abolished the sale of all offices of judicature , and others which tend to the oppression and ruine of the people , suppresse duels ; the commons and deputies of the three estates present a petition of all their grievances to the king , consisting of severall natures , and pray redresse : and for the securing of the kings crowne and person against the popes usurpations and attempts , they desired , that it should be declared by the said estates , and set down as a fundamentall law , that the king did not hold his realme of any but god and his sword , and that he is not subject to any superiour power upon earth for his temporall estates , and that no book should be printed containing any doctrine against the person of kings touching the question too much debated by presumptuous men , whether it be lawfull to kill kings ? the clergy of france except against this article , as a point of doctrine and conscience ( not of state policie , as the commons pretended , fit onely for the clergies determination , not the commons or three estates , as a means to ingender a schisme and offend the pope , and after much debate prevail and suppresse it : in fine , after many debates the three estates brake up without any great ●edresse of their grievances , or full answer to their petitions , which was defaced : hereupon the parliament at paris the seven and twentieth day of march , . decreed , under the kings good pleasure , that the princes , dukes , peers , and officers of the crowne , having place and deliberate voyce therein , being then in the citie , should be invited to come into the court , there ( with the chancellour and all the chambers assembled ) to advise upon the propositions which should be made for the kings service , the ease of his subjects , and good of his estate , and to draw up a remonstrance to this effect . some court parasites presently acquaint the king and queen mother with this decree ; as if it were an apparent enterprize against the kings authoritie , and did touch the queens regency which they would controll ; and objections are made against it in councell , whereupon the parliament are sent for to the court severall times , and ordered to revoke this decree ; they excuse and justifie it , then draw up a remonstrance to the king , consisting of many heads ; wherein among others they ●ffirme , that the parliament of paris was borne with the state of france , and holds place in councell with princes and barons , which in all ages was near to the kings person . that it had alwayes dealt in publike affairs : that some kings which had not liked of the remonstrances of the parliament at paris , did afterwards witnesse their griefe . that popes , emperours , kings , and princes had voluntarily submitted their controversies to the judgement of the parliament of paris , &c. to which i shall adde some passages out of andrew favine , in his theater of honour , touching the dignitie , power , and honour of the parliaments of france : in the register of the acts of parliament , beginning , . there is one dated the twenty seventh of iune . for matter of murder and assassinate committed on the person of master emery doll , councellor of the said parliament ; whereby it was approved , that it was a crime of high treason , to kill a councellor of parliament . and in anno . on the eleventh day of november , mounseir the chancellor came to advertise the court for going to hear the confession of the constable of saint paul , to whom for his rebellions and disobediences king lewes the eleventh directed his processe . and the said parliament , declared , that there was not a lord in the kingdome so great , except the king and mounsiour le daulphine , but ought to come and appear at the said parliament , in person , when it was ordained for him . and this is witnessed by a lyon abasing his tail between his legs , exalted over the gate and entrance of the great chamber , by the parquet des huisiers thereof . so that by this illustrious and soveraigne parliament are ordered and determined the principall affairs of the kingdom . and in anno . the second day of aprill , king lew●● the eleventh , sent unto the parliament the oath which he took at his sacring , exhorting the said parliament to performe good justice , according as the king had promised to doe by his said oath , which he purposed to keep ; and the oath is there registred downe . the parliaments of france are oaks with exalted heads , under whose branches the people are covered from the very strongest violencies , which constraineth them to yeeld obedience to their prince : but when princes ( by bad councell ) misprize the authoritie of them whereof they ought to be zealous defenders , as being exalted to the royall dignity , to rule and governe their subjects by justice , they cut off the right hand from the left : if they refuse the holy remonstrances of their parliaments under color that they are not to meddle with affairs of state , but onely with the act of justice , and lend a deaf ear when they are advertised of evill government , it is an assured pronostick , forewarning of the entire decadence of the kingdome . strange and forraigne princes have sought and submitted themselves to the judgement of their parliament , ev●n in their affairs of greatest importance . the chronicle of laureshime , under the year . ( followed by the monk aimonius in the fourth book of his history of france ) reporteth , that king lewes the debonnaire , holding his parliament in may , there came thither from strange provinces , two brethren , kings of vvilses , who with frank and free good will submitted themselves to the judgement of the said parliament , to which of them the kingdom should belong : now albeit the custom of the said kingdom adjudged the crown to the eldest , according to the right of prerogative allowed and practised by the law of nature , and of late memory in the person of the last dead king liubus father commune to these two contendants ; yet notwithstanding in regard of the subjects universall consent of the kingdom , who ( for the cowardise and want of government in the elder ) had given the crowne to the younger , for valliancie and discreet carriage ; by sentence the kingdom was adjudged to him : and the eldest did him homage , with oath of allegiance , in the said parliament . under the third ligne , in the reign of philip augustus , pope innocent the third , and the emperour otho the fourth , being in variance for the forme and tearms of the oath of fidelity with the said emperour should make to the pope ; they referred it to the judgement of king philip in his parliament , furnished with peers . otho made some exception concerning the forme and terms of the oath ; and not being able to agree of themselves , both parties submitted to the judgement of king philip augustus and of his court of parliament , furnished with peeres : so that by order given at melum in iuly , . the form of the said oath was prescribed , and registred in the parliament register , at request of the said parties , and sent unto otho to render it to the said pope innocent , who sent this assurance and certificate to the said parliament for registring it , being performed . innocentius episcopus , servus servorum dei , charissimo filio nostro philippo francorum regi charissimo , salutem , & apostolicam benedictionem ; absque dubitatione noveritis , quod secundum formam a vobis & curiae regni vestri paribus praescriptam , habetur apud nos jusjur andum charissimi filii nostri othonis romanorum regis illustris aurea bulla munitum , nobis & ecclesiae praestitum . ego otho romanorum rex , & semper augustus , tibi domino meo innocentio papae , & ecclesiae romanae spondeo , polli●eor , & juro , quod omnes possessiones , honores , & jura romanae ecclesiae , pro posse meo , bona fide protegam , & ipsam ad eas retinendas bona fide j●vabo . quas autem nondum recuperavit adjutor ero ad recuperandum , & recuperatarum , secundum posse meum , ero ●ine fraude defensor ; & quaecunque and manus meas devenient , sine difficultate restituere procurabo . ad hanc autem pertinent tota terra quae est de radicafano , usque ad ceperanum , exarcatus ravenna , pentapolis , marchiae , ducatus spoletanus , terra conitiss●e mathildis , comitatus bricenorij cum alijs adjacentibus terris expressis in multis privilegijs imperatorum , à tempore lvdovici pii francorvm et romanorvm imperatoris christianissimi . has omnes proposs● m●● restituam , & quietè dimittam , cum omne jurisdiction● , district● , & honore suo . verunt amen cum adrecipiendam coronam imperij , vel pro necessitatibu● ecclesia romana● ab apostolica sede vocatus accessero , demandato summi pontif●●●● ab illis terris praestationes accipiam . praetereà adjutor ero ad retinendum & defendendum ecclesiae romanae . regnvm siciliae . tibi etiam domino meo innocentio papae & successoribus tuis omnem obedientiam & honorific entiam ●xhibeo , quam devoti & catholi●i imperatores consueverunt sedi apostoli●ae exhibere . stabo etiam ad consilium & arbitrium tuum de bonis ●onsuetudinibus populo romano servandis & exhibendis , & de negotio tusciae & lombardiae . et si propt●r negotium meum romanam ecclesiam oportuerit in●urrere guerram , subveniam ei sicut necessitas postulaverit in expensis . omnia vero praedictat●m juramento , quam scripto firma●o , cum imperij coronam adeptus fuero . actum aquis-grani anno incarnationis dominicae millessimo ducentessimo quinto , mense marcy , regni nostri septimo . william rishanger monk in the abbey of saint albane in england , continue● of the history of matthew paris , observeth under the year . that the king of england , henry the third , and the barons , of england , who made warre upon him , committed their whole difference and quarrell to be judged by the parliament of france vt pax reformaret●r inter regem angliae & barones , ventum est ad istud , ut rex & p●oceres se submitterent ordinationi parliamenti regis fran●ae ( in the time of saint lewis ) in pr●emissis provisionibus oxoniae . nec non pro depraedationibus & damnis utrobique illatis . igitur in crastino s. vincentij , congregato ambianis populopene innumerabili , rex franciae ludovicus coram episcopis & comitibus , alijsque francorum proceribus sol●mniter dixit sententiam pro rege angliae , contra barones statutis oxoniae provisionibus , ordinationibus , ac obligationibus penitus annullatis , ho● excepto , quod antiquae chartae joannis regis angliae universitati concessae per illam sententiam in nullo intendebat penitus derogare . in this parliament at amiens were present the king of england , henry the third , queen elenor his wife , boniface archbishop of canterbury , peter bishop of hereford , and iohn maunsell ; and on the barons of englands side a very great number of choice elected lords ; who the same year repassed back into england after the parliament , as the same monk speaketh . thus ; favine in the behalfe of the french parliaments , concerning whose power and priviledges you may read much more in him and others . but to returne to the former history . the queen mother was much discontented with this remonstrance of the parliament , pretending that they had an intent to call her regency in question , which all had commended ; that they could not speak of the government of the affaires of the realm , without touching her , &c. whereupon she commanded the chancellour to give them this answer in the kings name : that france was a monarchy wherein the king alone commanded , holding his realm soveraignly from god ; that he had lawes and ordinances by which to governe them , for the which he was not to give an account to any man ; that it did not belong unto the parliament to controll his government ; that they neither could nor ought to complain of the queens regencie which had been so happy ; that the queen was not to give an account of her regency , but to god onely ; that no man could prescribe unto the king what councellors he should entertain , &c. with many other such bigge words . after which there was a de●ree made in the councell of state against the decree and remonstrance in parliament , disanulling and revoking them as void , and forbidding the parliament hereafter to meddle with affairs of state. the court of paliament in generall complained much of this decree ; the kings learned coun●●ll refuse to carry , or cause it to be read in parli●ment , because it would cause an alteration of the good affections and devotions of the kings good subjects , and the dis-union of the greatest companies of the realme , who administer justice , which makes kings to reign : after which this controversie was compremised , and the decree of the councell against the parliament suspended , and not enrolled . soon after the prince of conde , with divers others , seeing all things disordered at court , and little or no reformation of their former grievances , desert paris , expressesse their grievances in ●undry letters and articles of complaint , wherein they complain of the want of freedom and redresse of their grievances presented in the last assembly of the three estates ; of the decree and proceedings against the iurisdiction , remonstrance and proceedings of the parliament of paris ; of suffering some councell●rs of state to usurpe all the power of the kingdom , to pervert the lawes , and change all things as they list ; with sundry other particulars : in these they intreat and exhort all men of what condition or quality soever , that call themselves frenchmen , to assist and ayde them in so ivst a cavse ; conjuring all princes and forraign estates to do the like , and not to su●●er such good and loyall subjects to be supprest by such a conspiracie . vpon this the king and q. mother , through advise of these ill counsellors , raise an army , declare these princes and nobles , rebels and traitors , if they submit not by a day : wherupon they arm , raise forces in their own & the publikes defence , and being at noyon , concluded , that as their armes were levyed forthe maintenance of the crown , so they should be maintained by it ; to the which end they seized on the kings rents and revenues in sundry places . mean while the protestants being assembled in a generall synod at grenoble , marsh. desdiguires makes an oration to them , to disswade them from opposing the mariage with spai● ; wherein he hath this memorable passage to justifie the lawfulnesse of a necessary defensive war for the preservation of religion and liberties : we have leisure to see the storme come , and to prepare for our own preservation : finally , having continued constant in our duties , if they seek to deprive us of our religien , and to take that from us wherein our libertie and safetie depends , purchased by the blood of our fathers and our own , and granted unto us by that great king henry the fou●th , the restorer of france ; we shall enter into this comerce full of justice and true zeale , finde againe in our breasts the courage and vertue of our ancestors : we shall be supported in ovr jvst defence by all good frenchmen , assisted by all princes and estates which love the true religion , or the good of this state ; and in a word , we shall be favoured of the blessings of god , whereof we have hitherto had good experience in our arms , and which will be to the glory of his name , and the spirituall advancement of our churches . after which the duke of rhoan and protestants , in defence of their religion and liberties , joyn with the princes and nobles : at last both sides came to articles of agreement made at luudun , anno . whereof these were a parcell , that the grievances of the generall state should be speedily answered ; that soveraign courts should be preserved in their authority , and the remonstrances of the parliament and peers considered of ; that such as had been put from their offi●es , should be restored ; that all moneys they had taken out of the kings revenues , should be discharged ; all edicts of pacification granted to them of the reformed religion , observed ; the prince of conde and all those of either religion , who had assisted him in this ●ar , held for the kings good and loyall subjects ; all illegall imposts removed ; and all prisoners taken on either side , set at liberty . anno . the king and queene mother seizing upon the prince of conde his person , and sending him to the bastile , upon false pretences of disloyaltie and treason , caused new insurrections , warres , and tumults ; and the princes hereupon meeting at soyssons , resolved to make open war , to seize on the kings revenues , and to fortifie those towns and castles which they held in their government ; which they executed ; and withall set forth a remonstrance of their grievances unto the king , complaining especially against the marshall of ancre and his wife , with their adheronts , who were the causes of all their miseries ; who having drawn unto himselfe the whole administration of the realme , made himselfe master of the kings councels , armies , and forts ; thereby supprest the lawfull libertie and remonstrances of the parliament , caused the chief officers to be imprisoned , and was the cause of the violence done to the prince of ●onde , first prince of the blood : to the end therefore that they might not be reproached to have been so little affected to his majestie ▪ so ungratefull to their countrey , and so unfaithfull to themselves and their posterity , as to hold their peace , seeing the prodigious favour and power of this stranger ; they beseech his majestie to provide by convenient means for the disorders of the estate , and to cause the treaty of loudun to be observed , and to call unto his councels the princes of the blood , with other princes , dukes , peers , ancient officers of the crowne and councellors of state , whom the deceased king had imployed during his reigne . withall they publish a solemne declaration and protestation , for the restoring of the kings authority , and preservation of the realme . against the conspiracie and tyrannie of the marshall of ancre , and his adherents : who finding no safetie in the settling of j●stice , resolved to make triall of his power , by violating the publike faith , thereby to plunge the realme into new combustions , conspiring to destroy the princes of the blood , of peers , and chiefe officers of the crowne , and to oppresse them altogether , with the state , who might be an obstacle to his ambitious designes . to which end he raised false accusations against them , as if they meant to attempt the kings and queen mothers persons ; and caused the king to go in person to his court of parliament to publish a declaration , whereby they were declared guilty of treason ; though at last being better informed , he declared them to be his good subjects , and caused de ancre to be suddenly slain in the louure , and his wife to be legally condemned and executed : vpon which the new councellors and officers advanced by him , were removed , the old restored , the princes reconciled to the kings , and by him declared for his good and loyall subjects : vpon which followed a generall assembly of the estates , wherein divers grievances were propounded , and ●ome redressed ; the king therein craving their advice for the setling and ordering of his privie councell . anno . there happen differences between the king and queen mother , who fortified towns , and raised an army against the king ; at last they came to an agreement , and were reconciled . the two following years were spent in bloody civill warr●s betweene the king and those of the religion , who avowed their defensive warres lawfull ; which at last concluded in peace : that lasted not long , but brake out into new flames of war , by reason of the great cardinall richelieu , who of late years proved the greatest tyrant and oppressour that france ever bred , reducing both nobles , gentlemen , and peasants into absolute slavery and vassallage , to make the king an absolute monarch of france , and himselfe both pope and monarch of the world : but he lately dying by the of divine iustice of filthy vlcers and diseases , and the king since being ( some say ) poysoned by the ie●uite● , who murthered his two immediate predecessors : wise men conjecture the french will now at last revive and regain their ancient j●st hereditary freedom , rights liberties , and cast of that insupportable yoke of bondage under which they have been oppressed for sundry years , and almost brought to utter desolation . i have the longer insisted on these histories of the kings and kingdom of france ▪ ( which clearly demonstrate the realm , parliament and three estates of france to be the soveraigne power in that kingdom in some sort , paramount their kings them selves , who are no absolute monarchs , nor exempted from the laws , jurisdiction , restraints , censures of their kingdom and estates assembled , as some falsly averre they are ) because our royalists and court doctors p●rallell england with france , making both of them absolute monarchies ; and our greatest malignant councellors chiefe designe hath been to reduce the government of england to the late modell and new arbitrary proceedings of france ; which how pernicious they have proved to that unfortunate realm , what infinite di●tructive civill warres and combustions they have produced , and to what unhappy tragicall deaths they have brought divers of their kings , princes , nobles , and thousands of their people , the premisses & other storyes , will so far discover , as to cause all prudent kings and statesmen , to ●●eer the helme of our own and other kingdoms by a more safe , steddy , and fortunate compasse . thus i have done with france , and shall recompence any prolixity in it , with greater brevity in other kingdoms , when i have overpassed spain . from france i shall next ●●eer my course t● the kingdomes and kings of spaine , whom iacobus valdesius chancellor to the king of spain in a large book de dignitate regum regnorumque hispaniae printed at granado , . professedly undertakes to prove , to be of greater dig●ity , and to have the precedency of the kings and kingdoms of france , which cassa●aeus and all french advocates peremptorily deny . the first kings of spain ▪ over-run by the goths and wisigoths , are those their writers call the gothish kings , who as micha●l ritius de regibus hispaniae , l. , & . iohannis mar●●na de rebus hispaniae , l. , . the generall history of spain , and othes affirme , were elected by , and had their authority from the people : you may reade their liv●● and successions at large in these authors , and finde some of them dis-inherited and deposed by their subjects , others of them in ward during their minorities to such as the state appointed ; others murdered , but all of them subject to the lawes of their realms , as it is evident by the expresse ancient law of the wisigoths , having this title ; quod tam regia potestas quam populorum universitas legum reverentiae sit subjecta ; by other lawes thereto annexed , by iohannis mariana de rege & regis institutione , l. , c. . those whom they properly call kings of spain , had their royall authority derived to them , conferred on them by the people ; upon this occasion . spain , being a province subject to the roman empire , was spoyled , over-runne and possessed by the barbarous moors for many years ; in which time the spanyards oft solicited the roman emperours for ayde to expell the moors , but could gain none . whereupon to free themselves and their countrey from slavery , they chose one pelagius for their captain , by whose valour they conquered the moors , and thereupon by unanimous consent elected and crowned pelagius king of oviedo , whom the spanish writers mention as the first king of spain : and this their deser●ion by the emperours , the spanish writers generally hold ( and ( g ) iacobus valdesius proves it largely ) to be a sufficient lawfull ground for the spanyards , even by the general● law of nations , to cast off their subjection to the roman empire , and to elect a king , erect a kingdom of their own , exempt from all subjection to the emperor , since they purchased their own libertie and countrey , from the gothes by conquest , of themselves alone without any aide or assistance from the roman emperours , to whom ( for this reason ) they hold themselves and their kingdom no wayes subject ; yet for all this they deem their kings inferiour to their whole kingdoms , and censurable , yea deposable by them , as is cleer by the forecited passage of the bishop of burgen , ( ambassadour to the king of spain , in the councell of basill , and by iohannis mariana the jesuites book , de rege & regis institutione , dedicated to philip the third , king of spain , printed at madrit in spain , by this kings own speciall priviledge , dated at madrit , ianuary . . and after this reprinted at mentz in germany , anno . cum privilegio sacrae caesariae majestatis , ( to wit , of the emperour radulph the second ) & permiss● superiorum ; who certainly would not thus specially approve , authorize this book for the presse , had it maintained any positions contrary to the laws , or derogatory to the prerogative royall of the crownes and kingdoms of spain , though other states cannot so well digest it . in this very book the authour ( who hath likewise written a large history of the affaires and kings of spain ) professedly maintains ( in a speciall chapter , wherein he debates this question , whether the power of the republike , or king be greater ? ) that the whole kingdom , state and people in every lawfull kingdom , and in spain it selfe , are of greater power and authority then the king : his reasons ( which i have for brevity digested into number in his own words ) are these : first , b●cause all royall power that is lawfull , hath its originall from the people , by whose grant the first kings in every republike were placed in their royall authoritie ; which they circumscribed with certain laws and sanctions , lest it should too much exalt it selfe to the distruction of the subjects , and degenerate into a tyrannie . this appears in the lace●aemonian● long since , who committed onely the care of warre and procuration of holy things to the king , as aristotle writes . also by a later example of the aragonians in spain , who being incited with an earnest endeavour of defending their libert●e , and not ignorant how the rights of libertie are much diminished from smail beginnings , created a middle magistrate , like the tribunall power ( commonly called at this time aragoniae iustitia , the iustice of aragon ) who armed with the lawes , authoritie and endeavours of the people , hath hitherto held the royall power included within certain bounds ; and it was specially given to the nobles , that there might be no collusion , if at any time having communicated their counsell among themselves , they should keep assemblies without the kings privity , to defend their lawes and liberties . in these nations , and those who are like them , no man will doubt , but that the authoritie of the republike is greater then the kings . secondly , because in other provinces where the people have lesser and the kings more power , and all grant the king to be the rector and supream head of the commonwealth , and to have supream authoritie in managing things in times of warre or peace ; yet there the whole commonwealth and those who represent it , being chosen out of all estates , and meeting together in one place , ( or parliament ) are of greater power to command and deny , than the king , which is proved by experience in spain , where the king can impose no taxes , nor enact no laws if the people dissent or approve them not : yea , let the king use art , propound rewards to the citizens , sometimes speak by threats to draw others to consent to him , solicite with words , hopes , and promises , ( which whether it may be well done we dispute not : ) yet if they shall resist , their judgement shall be preferred and ratified before the kings will. thirdly , because when the king dies without issue or heir , the kingdom and people , not the prince deceased , o●ght to chuse the succeding king out of another ●am●ly . fourthly , because if the king vexe the republike with his evill manners , and degenerate into an open tyran●●● , the same commonwealth may restrain him , yea , deprive him of the principalitie , and of hi● life to , if need be ; which it could not do unlesse ●t were of greater power then the king. fiftly , because it is not likely that the whole kingdom and common●weal would ever strip themselves of all power and authority , and transfer it to another , without exception , without counsell and reason , when they had no necessitie to do it , that so the prince subject to corruption and wickednesse , might have greater power then they all , and the issu● be more excellent then the father , the river than the spring ( the creature than the creator of it : ) and although perchance it be in the pleasure of the commonweal to take away the pleanary power from it self and give it to the prince , yet the commonwealth should do unwisely to give it , and the prince ras●●ly to receive it ; by which the subjects , of free men should b●come slaves , and the principalitie given for their saf●tie , should degenerate into a tyrannie , which then onely is regall , if it contain it self within the bounds of modesty and mediocritie ; which power whiles some unvisely labour daily to augment● they diminish and utterly corrupt it , that power being onely safe which puts a measure to its strength ▪ for a prince ought to rule over those who are willing , to gain the love of his subjects , and seek their welfare ; which power if it grows grievous , takes the king off his peoples love , and turns his power in●o weaknesse : which he proves by the forecited saying of theopompus : for princes who impose a bridle on this greatnesse , more easily govern themselves , it , and their subjects ; whereas those who forget humanity and modes●ie , the higher they climb , the grea●●r is their fall : this danger our ancestours , wise men , considering how they might keep their kings within the limits of mediocrity and modesty , so as not to lift up themselves with overmuch power , to the publike prejudice , have enacted many things wisely and excellently ; among others this , that nothing of great moment should be decreed without the consent of the peers and people ; and to that end they had a custom to assemble parliaments chosen out of all orders of men , as prelates , lords , and burgesses of ●ities ; which custom at this time is still retained in aragon and other provinces ; and i wish our princes would restore it : for why is it discontinued for the most part in our nation , but that the common consent being taken away , and parliaments excluded , wherein the publike safety is contained , both publike and private affairs may be turned into the princes pleasure , and the lusts of a few corrupt , vicious , and voluptuous courtiers and parasites may domineer and order all things . sixtly , becauss many great and learned men hold , that the pope of rome , who is of greater power then any king , is yet subject to the whole church and a generall councell ; therefore the king must much more be inferiour to his kingdom . seventhly , because the whole commonwealth hath greater strength and forces than the prince , be he never so great in power ; and therefore if they disagree their power will be greater : yea , aristotle wisely would have the commonweal , not onely to be of greater authority , but likewise to have stronger forces then the king ; which he proves by aristotles forecited words , by the practice of the ancients , and those of syracuse , who did moderate their tyrants and kings guard so , that they might be able to over-power and master them upon any occasion . how great the authoritie of our republike and nobilitie was in the times of our ancestors , i will give you but one example , and so conclude : alfonso the eight king of casteil besieged concha , a city seated in roc●ie places , and the most firme bulwark of the moors territories on that part : wanti●g money to pay his souldiers , and thereupon provisions failing , the king hastens to burgon ; and in a nationall assembly , he demands , that because the people were wearied with taxe : for supporting the warre , the gentlemen would give five muruedines a poll to his treasury ; that this opportunitie of blotting out the name of the mores was not to be omitted . dieglius then governour of ca●tabria , assented to this counsell , peter earl of cara withstood this motion , and gatheri●g a band of nobles ▪ departed from the assembly , readily to defend with armes the liberty gotten by their ancestors with armes and valour ; affirming , that he would neither suffer a beginning to be made of oppressing and vexing the nobilitie with new subsidies , from this entrance or occasion ; that to suppresse the mores was not of so great moment , that they should suffer the commonwealth to be involved in a greater servitude . the king moved with the danger , desisted from that purpose . the nobles taking advice , decreed to entertain peter with a banquet every year , as a reward to him and his posteritie of this good service , amonument so posterity of a thing well done , and a document that they should not suffer the right of libertie to be diminished upon any occasion . let it be a fixt resolution therefore to provide for the safetie of the commonwealth , for the authority of the prince , yet so as to retain their royall principality in order with certain bounds and limits , and that those vain talking parasites and decevers may not ruine both , who exalt the princes power without measure , of which we may see a great number in princes courts , excelling in wealth , favour and power , which plague shall alwayes be accused and complained of , but shall ever be and continue . thus mariana , who in his next chapter ( worthy reading ) proves at large by invincible arguments , that all kings and princes ( among others the kings of spain ) are , and ought to be bound by laws , and are not exempted from them ; that this doctrine ought to be inculcated into thy mindes of princes from their infancy , and to be beleeved , yea oft considered of them ; thnt they are more strictly obliged to observe their laws then subjects , because they are sworn to do it ; they are the conservators of the laws , the avengers of those that infringe them , and their examples are the best means to draw subjects to obey them . where he again affirms , that the whole kingdom is above the king , and may not onely binde him by lawes , but question him for the breach of them . before both these , in his first book de rege & reguminstitutione , chap. , , , , . he affirms the like ; adding moreover , that in many other realms more , where the crown is hereditary , the whole commonwealth , not the king hath and ought to have the chief power to designe by a law ( which the king himself may not alter , but by their consents ) who shall be the next heir , to avoid questions and commotions about the title to the crown : that where the right of the crown is in controversie the whole kingdom and state ought to decide the right , and settle it where they see best cause : that if the right heir in hereditary kingdoms , yea in spain , be an ideot , infant , woman , or a person unmeet or not so fit to govern ▪ as others of the blood , he may be lawfully put from the crown , and another of their race lawfully substituted king in his place by the whole state , especially when the good or safetie of the commonwealth requires it ; because the safety of the people is the supremest law , and what they by common consent have enacted onely for the publike safetie , they may without any obstacle alter , when things require it , by like common consent ; especially , because the hereditary rights of reig●ing are for the most part made , rather by the dissimulation of the people , not daring to resist the will of former princes , then by their certain will , and the free consent of all the estates : that he which is thus settled by consent of all the estates hath a just title against the next heir of the blood and his issue , who are put by the crown ; else divers kings and princes now reigning in spain & elswhere , should be usurpers and want good titles to their crownes , they or their ancestors being not the next right heires of the royall stock ( for all which particulars he gives sundry instances in the kingdomes of spaine ) as in berengaria , blanch , the mother of lewes of france , ferdinand , sancho the younger sonne of alfonso , henry the bastard , iohn king of portugall , fardinand , and iohn the . of aragon , &c. corluding , that if the king degenerate into a tirant , by subverting religion , lawes , liberties , oppressing , murthering , or deflowring his subjects ; the whole kingdome may not onely question , admonish , and reprehend him , but in case he prove incorrigible after admonition , deprive him , and substitute another in his place ; which ( saith he ) hath been done more then once in spain : thus king peter was publikely rejected for his cruelty to his subjects , and henry his brother ( though of an unclean mother ) obtained the crowne : so henry his nephewes nephew for his slothfulnesse and evill manners was deposed by the nobles suffrages , and alphanso his brother , though but a yong child proclaimed king. after his death elizabeth , ( henry his sister ) had the chiefe government of the realm● leaving henry . and for a conclusion he addes , that such a tyrannicall king continuing incorrigible after publike admonitions of the whole state , if there be no hopes of amendnent , may not onely be deposed , but put to death and murthered by the whole state , or any particular persons by their appointment ; yea without it , ( a note somewhat above ela ) if he be declared a publike enemy by the whole state ; and in case the whole states cannot publikely assemble by reason of such a princes knowne notorious tyranny , he writes , that then in such a case it is lawfull for any private man to murther him , to free the countrey and kingdome from destruction . adding , that it is a wholsome meditation for princes to be perswaded , that if they oppresse the common-wealth , if they become intollerable thorow vices and filthinesse , that they live in such a condition , that they may not onely be slaine of right , but with laud and glory . peradventure this feare will retard some princes that they give not themselves wholly to be corrupted with vices flatterers , and cast bridles upon their fury . that which is the chiefe , let the prince bee perswaded , that the authority of the whole common-wealth is greater then his , being but one , neither let him beleeve the worst of men , affirming the contrary for to gratifie him , which is very pernicious . all these positions of mariana ( however other kings and kingdomes may relish them , especially the last touching private subjects , which few can approve , the parliaments of france doing publike execution on this book , as they had just cause , for extolling and justifying the barbaro●s murther of their king henry the . by james clement a dominican frier , l. . c. . p. . to . and justifying the guises rebellion ) are yet authorized as catholike and orthodox by the most catholike king of spaine , and the emperour of germany , in whose kingdomes they passe for currant coyne , the most dangerous of them being seconded , not onely by hieronymus blanca in his aragonensium rerum commentariis , iohannis pistorius hispaniae illustratae , &c. and other spanish historians collected by him , but likewise by alvarius pelagius , cardinall tolet , capistranus , dominicus bannes , franciscus victoria , simancha patensis , gregory de valentia , suarez , the doctors of salamancha , becanus , bellarmine , with other spanish iesuites & writers , who most here●ically affirme , that even the pope alone either with or without a counc●ll , for heresie ( as they deem it ) and obstinacy against the see of rome , may excommunicate , censure , despose , kill , or murther any christian princes , depose them from their thrones , dispose of their crownes to others at their pleasures , absolve their subjects wholly from their allegeance , and give subjects power to rise up in armes against and murther them by open force or secret treachery ; which bishop bilson truly affirmes to be farre more dangerous and derogatory to princes , then to attribute such a power , not to any particular persons but to their own whole kingdomes and parliaments onely : who being many in number , of the same nation and religion with , and having many dependances on , and many engagements by oath , duty , favours , benefits to their princes , lesse malice against them , judging onely according to the fundamentall lawes of the realme , and former presidents of their an●cestors , and aiming at nothing but their kingdomes sa●ety , are like to be more just indifferent iudges of their princes actions when questioned , then the pope , a meer enemy and forraigner ; who proceeds by no other authority , but what he hath unjustly usurped from kings , and by no other rules but his owne will , pride , malice , honour , or profit . i have thus given you an account of the kings of spaines subordination to their whole kingdomes and lawes in point of thesis and positive doctrine approved by themselves , professed by their eminentest wri●ers , i shall now procced to historicall examples to confirme it in point of practise . ordogno the . king of castile , summoned . earles of castile to appeare before him , who refused to goe to the warres against the saracens , promising them safe conduct , notwithstanding he commanded them to be apprehended , imprisoned and sl●in ; for wh●ch bloody treachery those of castile rebelled against him , rejecting his government , and providing for the ●afety of them and theirs , duos milites , non de potentioribus , sed . de prudentioribus eligerunt , quos & indices statuerunt , &c. they elected two prudent knights of their owne to be their magistrates and iudges , to governe them , to manage their warres , and administer justice to them : the one was named fl●vius calvus , the other nunius , surnamed de rasura , whose son g●ndesalvus after his fathers death , was substituted in his place , made generall of the militia ; ( principatum militiae addiderunt ) and his son after him , tam à magnatibus & militibus , quam ab vniversis popvlis caste lanis , made earle of castile , and all submitted themselves to his government , rejecting the dominion both of ordogno and his brother king froila after him , for their tyranny and treachery . alphonso the great king of gallecia about the yeere of christ . imprisoning his eldest sonne garsias , laying him in irons and exercising other cruel●ies , was by the practise of his owne queen semena and his other sonnes and nobles , so prosecuted and put to such streights ; that they enforced him to resig● his crown to his sonne garcias , and to deprive him ●elfe of his g●uernment in the presence of his sons and the grandees of his realm ; after which he requested his sonne to r●ise and grant him an army to goe against the s●razens , who condescending thereto , hee gained a glorious victory ou●r them , and so dyed alphonso sonne of ord●gno , king of castile , after . yeers reigne , out of levity rather then religion , resigned his crown to ramire his younger brother , and then turnd monk about the yeer but not long after , casting , off his coul & leaving his monastery , he ●egan to ●aise forces , and to aspire to the crown again which he had resigned ; whe●upon ramir raised an army against him , and after . yeers warres took him prisoner , put cut his eyes , and thrust him into a monastery . iohn the first , the king of castile after the death of ferdinand king of portugall claimed that kingdome i● right of eleanor his wife and next heire , but the portugals elected iohn , a bastard , a knight of the blood royall for their king , and excluded eleanor . henry the . the . king of castile , having no children lawfully begotten , would have made elizabeth his bastard daughter heire to the crown ; but the nobles would no wayes permit it ; and resisting him with all their might , preferred his own sister elizabeth to the crown , and married her to ferdinand the ▪ sonne to iohn king of arragon , rejecting his spurious daughter . and f●ier iohn de t●ixerai● his book of the originall of the kings of portugall , affirmes , that the kings of portugall , were usually elected by the svffrages and free choice of the people , who had power to conferre the kingdome on whom they pleased : averring , that alfonso . . and . iohn the . emanuel and antonio , kings of portugall , were thus elected , which though duardus nonius leo , a portugois lawyer denyes , and seemes to resute ; yet he grants freely , that the parliament or assembly of the estates in portugall have usually determined the title , right , and ordered the succession of that crown in the cases of these princes , and determined of their legitimate or spurious birthes : that when the kings of portugall have dyed without heires , they have by the law of all nations freely elected whom they thought meetest for their king : and that after the death of king ferd●nand , they put by iohn and ferdinand the ●onnes of king peter , begotten of agnes de castro his concubine , from the crown , because they were bastards ; and moreover enemies to the name and realme of the portugois , entring with henry and peter kings of castile , in an hostile manner with an army into the confines of portugall wasting them every where , and doing great dammages to , and committing many murthers among their citizens ; for which reason , the states assembled at cotmbri , resolved , that although they were legitimate , yet they could not obtain the succession of that kingdome , quod se hostes & alienos a portugalia declarassent , because ●hey had thvs declared themselves enemies and al●ens to portvgall . and therefore beleeving the kingdome to be void for want of a right heire to succeed , in which case , by the law of all nations they might lawfvlly elect them what king they pleased , they chose iohn the bastard , king , after which he shewes , that philip th● . his tide to the crown , was long debated by , and resolved in the assembly of the states of portugall in the life of king henry , who summoned all the pretenders to the crown to come and declare their titles to it in a parliament held at alm●erin , upon the petition of the senate and people , who earnestly pressed him , that the title of the crown might be setled and discided during his life , to prevent division and c●vill warres after his death : by which it is apparent , that the assembly of the estates of portugall , is the most soveraign power and above their kings themselves . it is clear , that the gothish kings which reigned in spain were not hereditary , but elective , yea , censu●able , excommunicable , and desposable by them for their male-administrations . the generall history of spaine is expresse , that among the goths they did not reigne by right and succession from father to sonne , but those were chosen kings among them , which were held worthy ; which election was made by the nobility and people , and if any one did affect that dignity by any other unlawfull meanes . he was excommunicated and rejected from the company of christians ; as appear●s by the . councell of toledo . thus vallia the . king of the goths , an. . agila the . king an. . luiba the . king an. ● . gundamir the . king an. . suintilla the . king an . tul●● the . king an. . bamba the . king of goths , an . . to omit others , were elected by the nobles and people , though now and then the crown went by succession through usurpation rather then right , theodiscle the tenth king of the goths in spaine , giving himselfe to lusts and adulteries , polluted great and honest families , corrupted nobles wives , and committed many murthers ; whereupon the chiefe of the goths conspiring against him , strangled him at sevill rioting in his banquets , and elected agila for their king : so victrix the . king of the goths , a vitious base unworthy prince , was miserably slain by his own people for his vitiousnesse , as he sate at table . suin●illa the . king of the goths , in the beginning was a good prince , but in the end he grew exceeding covetous and cruell ; wherefore the goths made him resign his kingdome about the yeare . and deprived him of the crowne , he was likewise excommunicated by the bishops ( whose power at that time began to equall that of kings ) at the . councell of toledo ; which interdicted him , with geilands brother , their wives and children , the communion and fellowship of the church , and the possession of their goods gotten by violence and tyrannicall meanes ; and sisenand his adversary , with the consent of the people , obtained the kingdom . the . councel of toledo under cinthilla the . king of goths , about the yeare . decreed , and by a perpetuall law imposed on the kings of spain , not to suffer any one to live within their dominions , which was not a catholike ; the which their kings should solemnly sweare before they were crowned ; and if any king should goe against that law which he had thus s●orn , he should be excommunicate and accursed in sight of the eternall god , and made the fuell of eternall fire : which canon was made , not only by the assent of this king & his bishops but likewise with the consent & deliberation of his nobles and great men . in the . councel of toledo under this king it was decreed , c●n. , , , , , . that the kings children and faithfull servants after their death● , should not be deprived of the lands , honours , and just rewards by the succeeding kings , which had been conferred on them in their lives ; that no man should aspire to the crowne lice●●iously , under pain of excommunication and a divine anathema , whom neither the election of all , nor the nobility of the gothisn nation had no● advanced to this top of honour . that none should , during the kings life , endeavour or use meanes to succeed him after his death ; nor yet revile the prince , under paine of excomunication . all which particulars were ra●ified by new canons in the . councell of toledo under this king , can. , , , , . with this addition ; that the king being dead , none should usu●p the kingdome by tyrannicall presumption ; that none who had been shaven a monke , or dishonestly bald , or descended from a servile stocke , or a m●n of a forraign na●ion , unlesse worthy both in respect of his pedigree and manners , should be promoted to the throne of the kingdome ; nor no man attempt the princes destruction , life , or usurp his crowne tyrannically , under pain of being smitten with a perpetuall anathema , and eternall condemnation , for breach of any the premises these councels , as mariana observes , were in truth generall assemblies of the estates , where they handled not only matters of religion , but likewise of the common-weale by common consent of all . bamba the . king of the goths ( after lewes de may●rn turquets computation which i follow but . after roderick sancho ) was elected king by the goths , as he was plowing with his oxen in the field , being a plain countrey man. some say , that he would never have received this honour and charge , but by constraint , and that refusing it absolut●ly , a noble man of the goths drew his sword , and threatned to kill him if he did not yeeld to the gothes intreat●es , and that his goad wherewith he drove his oxen did suddenly in his hand bring forth leaves . fruit , and roots ; whereupon he took this dignity upon him , more for fear than for any desire to reign . anno . after which eruinge ambitious of command , poisoned king bamba , so as he became madde ; for curing whereof many naturall and superstitious medicines were applyed , but to small effect ; so as bamba coming a little to himself again , and finding his disabilitie to govern , willingly quit the crown , and retired himselfe into a monastery at pampliga , where he lived seven years and one moneth , and eruinge was chosen king in his pl●ce , whose election was confirmed and allowed lawfull in the councill of toledo , can. . as elected thereto by god , and all the peoples desires ; whom this councell absolved from their oath of allegiance formerly made to king bamba , whiles he held the kingdom . in the thirteenth councell of toledo under this king eruinge . anno . it was decreed , that neither the king nor any other should marry the widow of the deceased king , upon pain of excommunication , and to be damned to hell fire . vitiza the nine and twentieth king of the gothes , at his first coming to the crown , shewed himself milde , liberall and religious , but soon after became the infa●my and dishonour of kings , being full of all excesse of iust , impiety , hypoerisie and dissimulation , and exceeding in all vices without shame ; he filled his palace with many wives , which he married , and concubines too ; he publikely allowed to all men , nobles , commons , priests and clergy , to marry as many wives , and keep as many w●ores as they pleased ; he used grea● crueltie to many : flattered the clergy , left by their censures they should draw the people from obeying so filthy and unchaste a king . to prevent all rebellions ( under the colour of peace which spain did then injoy ) he caused all the towns of spain to be dismantled , except leon , toledo , and asturica ; he disarmed the people , disanulled all the immunities of the church ; he recalled the banished the jews , and granted them great priviledges ; he advanced a most ●icked wretch to great honours , execrable to all the people , that so he might not say , himself was the worst of men : finally , as a presage of his future miseries , he shewed ( in all sorts of excesse and violence , contrary to the laws of god and men ) what princes ill instructed and ignorant of true pietie could do : a buffone asking him me●rily , why do you being a king & the son of a king , do thus , you may lose your kingdom ? hereplyed like another dionysius , my father left me his kingdoms , not fortune . in fine , rodorick with the ayd of the gothes nobility and of the romanes , chased this in famous monster out of the throne , which he unworthily held , defeated , and took him prisoner in a set battell , put out his eyes as he had put out others , confined him to cordova , where he spent his dayes in misery , without title or honour , and by suffrages of the people rodorick obtained the crown ; who soone after exceeded vitiza in all manner of vices , cruelty , and tyrannie , and ravished the daughter of iulian earl of cava , whiles he was in embassage in affrick for the affairs of the kingdom ; who to revenge this indignity , and cast out this wicked monster , anno . called the mores into spain , who over-ran and conquered the kingdom , destroyed rodorick and put a period to the gothes kingdom in spain . thus tyrannicall vitious princes ruine at last both themselves and their realms . among the lawes of the wisigothes , lib. . c. . . i finde not onely an act declaring their kings to be subject to their lawes as well as subjects , but likewise a law restraining their kings excesses , and dis-inabling them to alien their crown lands or revenues to their own children or others , but onely the lands which themselves shall purchase ; which was likewise decreed in the eighth councill of tolede , under king recesuinthus , wherein there was this complaint made . quosdam conspeximus reges , postquam fuerint regni gloriam assequuti , extenuatis viribus populorum , rei propriae congerere lucrum ; & obliti , quod reges sunt vocati , defensionem in vastationem convertunt , qui vastationem defensione pellere debuerunt ; illud gravius innectentes , qu●d ea quae videntur acquirere , non regni depistant honori , vel gloriae , sed it a malunt in suo jure consundi , ut veluti ex debito descernant haec in liberourm posteritatem transmitti : resolving , that non personae sed potentiae haec subdi debere , non habenda parentali successione , sed possidendaregali congressione ; regem terrenum jura faciunt , non persona , &c. i likewise finde another law , nullifying all unjust judgements and sentences given by iudges through fear or command of the king. and another law , giving the king power over all offendors against himself , but denying him power to pardon any . delinquents against the nation or countrey . all which considered , prove the whole state , kingdom and councels among the spanish gothes , to be above their kings , who were lyable to their restraints , excommunications , laws , censures , depositions , for their male-administrations , vicious lives , and not successive but elected by them . pelagius the first king of oviedo , ●as elected king , and that kingdom erected by the generall consent of the people oppressed by the moors , about the year , . during whose reign there were severall vice-royes of the moors , in spain , as alcazazin , and ●b●atan and others . his sonne king fasila was slain by a bear which he pursued in the mountains : i doubt his subjects would have resisted him as well as the bear , had the made war upon them . froil● the fourth king of ovedo treacherously slew his own brother vtmaran a gallant knight , generally beloved , ( out of jealousie ) lest he should usurpe the crown ; in revenge of whose death he was soon after slain by his own brother a●relius , anno . who succeeded froila in the realm , notwithstanding he left a son called d alphonso the chaste ; but the hatred that the noblemen did bear unto his father , was the cause of his r●j●ection , being then also very young ; whereby it appears , that the right of succession was not in those dayes practised in spain ; sillo his brother-in-law succeeded him ; after whose death by generall consent , the kingdom was given to alphons● . ramir the tenth king of oviedo did that which all other princes abhor , for he received his son to be companion with him in his kingdom , and caused his brother garcia to reig● with him , so as there were now two kings and courts in oviedo , both agreeing well together . anno . froila dying without issue , because his children were too young to reign , the nobles conferred the kingdom on alphonso the fourth , who after five years turned monke . ramir the third , twentieth king , of leon , abandoning himself to a voluptuous life , contemned all good counsell , so as the earls and noblemen of gallicia seeing his folly , and discontented with his vices , scorned him , and would no more acknowledge him to be their king , electing bermund for their soveraigne , and intituled him king of gallicia , which title he enjoyed ten years about which time the moors in spain which had one king reigning at cordova , after the death of king . mahomet , made so many petty kings , as there was scarce any good town in . spain , but had a particular king , which made strict alliances among themselves for the preservation of their estates . anno , garcia king in gallicia growing a tyrant , spoiled and ill intreated his subjects , governing himself after the appetite or a base woman , who put the nobilitie and gentry in favour or disgrace with the king as she pleased , so as in the end growing insupportable , certain knights slew her in the kings presence ; his brother sancho taking advantage of the peoples harted , entred his realm with a great army ; who thereupon being deserted generally by his people , sled to the moors for ayd , and fell to spoil his own countrey , after which he was defeated , taken prisoner , and so kept in the castle of lune with a good guard till his death . i read in iohn mariana , that in the councill of florence under pope victor the second , anno . hildebrand a cardinall deacon embassadour to henry the second , emperour of germany , complained in the councill against ferdina●d king of spain , in the emperors name , that against the custom of his ancestors and prescript of laws , he did with incredible a●rogancy and levity hold himself exempt from the power of the roman empire , which iniury himselfe could gladly suffer , if there were no other losse but of his own honour ; but since the estate of chr●stendom could not well subsist , and the pop●s authority would likewise be impaired , unlesse all christian kingdoms were united and knit to gether under one temporall head the emperour , whom they should obey ; they ought to suppresse the springing temerity in the wombe , lest by their neglect spreading it self into other provinces , animated with the sweet , and oft-times deceitfull name of libertie , the sacred majestie of the empire and popedom should be reduced to an empty title ; wherefore he desired them to interdict all spain , and excommuniate the king ; which if they did , he would be assistant to the churches honour and republik●s safety then indangered : b●t if they refused it out of fear , he would not be wanting to the honour of the empire , & would certainly look to himself in private . the pope after some deliberation , approved this motion as just , & thereupon sends lega●s to ferdinand in his own and the councils name , to satisfie the emperors demands fourthwirth ▪ under pain of present excommunica●ion . the king doubtfull and fearfull whether to obey or not , summons a generall assembly of the estates of the realme : the clergy and religious sort of men perswaded submission , for fear of the popes excommunication ; the fearfuller sort concurring with them , by reason of the emperours power and their own we●knesse and destraction , and the kings desires of peace , inclined most to their opinion , but ●ome heroick spirits thought that a most grievous yoke should thereby be laid on the liberty of spain ; which being once admitted on their ●ecks , they should hardly shake off again ; that it was better to die fighting , then that the republike should be involved in so great a mischief and indignitie . rodoricus diacius , a noble spanyards opinion ( then absent from the assembly ) being required by the king and it , answered . that this was no matter of counsell : that what was gotten with arms was to be defended with arms ; that it seemed most unjust , that the fruit of others valour should return to those who in their lost condition had not communicated in the labour and danger which recovered it ; a that it was better to die valiantly , than to lose the liberty gained by their ancestors , to become a mocking-stock to a barbarous and cruell nation , who contemned all men bus . themselves ; whose ears were proud , whose speeches contumelious , whose accesse difficult , riotings new , cruelty inhumane ; shall we who have yet hardly escaped the servitude of moors , undergo anew bondage prepared , from the christians ? they will deride both us and ours . doth the whole world , as farre as christianity extends it selfe , obey the german emperours ? shall all the grace , power , honour , riches , gained by ours , and our ancessors blood , give place to the germans ? shall they leave dangers , repulses , iudgemen , want to us ? shall germany again lay on us the yoke of the roman empire , which our ancestors have shaken off ? shall we be a vulgar people without grace , without empire , without authority , obnoxious to those , to whom if we had vigorous mindes , if we were men , we might be a terrour ? but it is difficult to resist the emperous endeavours , not to obey the roman pontifs commands : verily it a basnesse of spirits , for an uncertain fear of war , to involve the commonwealth in most certain dangers : many things are effected by triall , which seemed difficult to slothfull men . i know not what stupidity hath seized on many , whom neither glory moves , nor the infamey of the wretchednesse , thinking it great liberty enough if they be freed from scourges . i suppose the popes ears will not be so averse to our affairs , that he will not be moved with our most just prayers , and the equity of the cause ; let some now be sent , who may boldly defend the cause of our liberty before him , and teach him , that the germans demand unjust things . mine opinion is , that the liberty gained by our ancestors , it to be defended with arms against the attempts of all men , and with this my sword i will maintain , that they are most wicked traitors to their covntrey , who out of a simulation of a fond religion , or shew of preposterous caution , shall give contrary advice , neither shall resolve , that servitude is to be repudiated with greater care by us , then domination is affected by them . so farre forth as every one shall addict himself to the liberty of his coun●rey , so far shall i be a friend unto him , or a deadly enemy . this opinion of roderic prevailed , in pursuit where of they raise an army of ten thousand men , whereof he was made generall ; they send ambassadours to the pope and councill , whereof roderic was chief ; and upon a full hearing of the cause before rup●rt cardinall of ●aint sabria , the popes legat , at tholouse , judgement was pronounced for the liberty of spain , and it was decreed , that the german emperors should from thenceforth have no power nor jurisdiction over the kings of spain ; which was afterwards confirmed by the customes of the people , the consent of other nations , the publike resolution and judgement of lawyers ; as iac●obus valdesius in his book de dignitate regum hispaniae printed . cap. . proves at large . the generall history of spain , records , that the councill of florence resolved , that seeing the kings of spain had defended and conq●ered their realms by arms , without any ayd from the emperours , they were free and exempt from all subjection and acknowledgement to the emperours ; whereof we may read the glosse upon the chapter adrianus papa , distinct . . the like priviledge have the kings of france , the state of venice , the kings of england , and some others ; which clearly demonstrates , the soveraign power of kingdoms and nations even over their kings and princes , and that they may justly desend themselves , and elect other princes , when they are deserted or destroyed by them . anno . sacho ramires king of aragon , to supply the charg●s of his wars against the moors , was sometimes forced to use the revenues of his clergy , his treasure being not able to furn●sh so great a charge ; but the bishops of his countrey , who affected nothing more but to enrich their own order and state , opposed themselves against him , and afflicted him in such sort , as putting him in a vain fear , that he was damned for this cause , they made him do penance in the church of roda before saint vincents altar , in the presence and at the pursuite of raymund dolmare , bishop of that place , the bishop of jarca , and others , and to confesse publikely , that he had grievously offended . thus those good fathers publikely insulted over their soveraigne . anno . king alphonso granted this priviledge , among other , to toledo . that the city of toledo might never be alienated from the crown , nor given upon any title whatsoever , to man , woman , or child . anno . sancho king of na●arre was slain in battell by his brother raymond thinking to reigne after him , but the navarroyes expelled him out of their confines , disdaining that he should raigne over them , who had embrued his hands in his kingly brothers blood , and sending to sancho ramires , . king of aragon , called him to raigne over them , because their slain kings sonnes were ●oo young to raigne , and protect them from their enemies ; by which meanes the kingdomes of arragon and navarre were united . veracha queen of castile , a most lascivious open adultresse , by her unchast life so farre provoked her husband alphonso , that he was divorced from her , made warre against her and confined her : after which she still continuing in her lewdnesse , the nobility and states of castile and leon , revolt from her , take armes against her , depose her from the crowne , and elect and crown her sonne alphonso the . king an. . allowing her onely a pension to support her life . alphonso king of arragon by his last will and testament , most solemnly ratified , for the expiation of his sins , gave divers crown lands , tenements , revenues , and legacies to religious houses and persons , an. . but being prejudiciall to the crown , his will after his death was held void and not put in execution : he being slain by the moores an. . the states of arragon elected one peter tares for their king : who growing exceeding proud of his new dignity , began to despise the nobles , and abrogate the lawes and customes of the country : and the nobles ( being assembled at a general assembly of the states ) going to visit him , he comanded his porter to shat them out , saying , that mounsieur was busie about matters of great importance , but they understood afterwards , that the great affairs causing him to exclude his friends were , his barbar was trimming him : which so incensed the nobles and great men , that the nex● day they held their generall assembly of the estates without the king ; where they first of all decreed to depose their new king , because being ●in honour he had no understanding of himselfe , and because they found he would grow more proud and insolent afterwards : whereupon expelling peter , the estates assembling at borta . elected ramier a monke , brother to king alphonso , for their king ; who was much derided of his nobles for his monkish simplicity , and at last turned monk againe : but those of navarre thinking a monk to be better acquainted with the matters of a monastery then how to govern a kingdome , and being jealous that the arragonoys by chusing a king of the blood royall of arragon , would by this meanes aspire to the chief places of honour and favour in court , it was concluded , that the estates of navarre should assemble at pampelone , where they chose garcia remi●es their king of navarre ; and so the realmes of arragon and navarre which had been u●ited . yeers , were seperated in these two kings . the kingdomes of spain being often before and since this time united and divided , as the people and realmes assented or dissented thereunto . not to mention the troubles of castile by reason of the nonage of their king alphonso the fourth , of whose custody and tuition the assembly of the estates disposed ; or how some knights of castile slew a iew , with whom this king was so enamoured , that he forgot his new spouse , and almost lost h●s sences . a●no . king . alphonso assembled the estates of castile at burgon , to leavie a text upon the people , whereto the nob●litie , as well as the rest , should contribute , imposing . maravidis of gold for every person ; but it took no effect : for all the gentlemen of castile being discontented , that he sought to inf●inge their liberties , fell to armes , and being led by the earle don pedro de lara , they were resolved to resist this tax , and defend their liberties with the hazzard of their lives . whereupon alphonso changed his opinion , and let them understand , that from thenceforth he would maintain their immunities ; and that whatsoever he had then propounded , was not to continue , but only to supply the present necessity of affaires , which he would seek to furnish by some other meanes . for the great resolution which don pedro de lara shewed in this action , the nobility of castile did grant to him and his successours , a solemn breakfast in testimony of his good endeavour in a businesse of so great consequence , and thereby the lords of lara have the first voyce for the nobility in the court of castile . an. . king alphonso the noble called a parliament of the lords , prelates and deputies of the townes of his realm at toledo , to advise and assist him in his warrs against the moores ; where they concluded to crave ayd from all christian princes , and a crossado from the pope against the moores , and made divers lawes to restrain the superfluities of the realm in feasts , apparell , and other things . iames the . king of arragon being young at the time of his fathers death , it was thereupon after ordained in the assemblies of the estates of mencon and lirida , that don sancho earl of roussilon should govern the realm during the kings minority ; but they gave him limitation : the kings person they recommended to frier william of moncedon , mr. of the templers : after which an. . this yong kings vncles seeking to wrest the realme from him instead of governing it , by the fidelity of the estates and their authority , his interest was preserved , and three governours with a superintendent of his provinces were appointed by them ; and to prevent the continuall practises of the earles of roussillon and fernand the king uncles , the states and justice of arragon declared the king of full age when he was but ten yeeres old , and caused the earle of roussillon to quit the regencie ; the authority of the justice of arragon being then great for the defence of the publike liberty . an. . asphonso the noble king of castile dying , his sonne henry being but . yeer old , the prelates , nobles and commons assembled at burgon , having declared him king , and taken the oath , made queen eleonorahis mother , governesse of his person and realms : after whose death , the custody of him was committed to the hands of the lords of lara : this king afterwards playing with other yong children of noble hous●s at palenca in the bishops palace , one of them cast a tyle from the top of a tower , which falling on the covering of an house , heat down another tyle , which fell on the young kings head , wherewith he was so grievously hurt , that hee dyed the eleventh day after , an. yet this his casuall death ( for ought i finde ) was neither r●puted felony nor treason in the child that was the cause of it . after whose death fernand the . was proc●aimed and made king by the states of castile , to prevent the pretentions of the french : after which his mother queen berenguela in the presence of the estates , renouncing all her right to the crown , resigned it up t● her sonne fernand : about this time the moor●s in spain rejected the miralumims of a●rick , and created them severall kings and kingdomes in spain , being never more united under one crown after this division , which they thought it lawfull for them to make . an. . the estates of arragon assembling at barcelona , they consenting and requiring it according to the custome of the arragonians and cattelans , ( these estates having authority to make warre and peace , and leagues ) awarre was resolved against the king of the moores and majorkins . anno . the realm of navarre being very ill governed , by reason their king sancho retired to his chamber , did not speak with any man but his houshold servants , and would not heare of any publike affaires ; thereupon the state began to think of electing a regent to govern the realm during his retirednesse ; to prevent which , sancho made an unjust accord with the king of navarre , and confederated with iames king of arragon , by the assents of the states of the realm to leave his kingdome to him if he survived him ; yet after his death thibault earle of champaigne was by the states of navarre elected and proclaimed king. and anno . the estates of arragon and cateloigne assembled at moncon for the continuance of the warre with the moores and conquest of valentia , without whom it was not lawfull for the king to undertake any matter of importance . for maintenance of this warre , a custome called marebetine , and an exaction of impost for cattell was by the estates imposed on the people ; it was likewise decreed , that all peeces of gold and silver coyned should be of one goodnesse and weight , to the observation of which edict for coynes , all were bound to sweare that were above . yeers of age . anno . iames king of arragon , revealing to his confessor the bishop of girone , that before his marriage with queen yolant he had passed a matrimoniall promise to theresa of bidame , she sued him thereupon before the pope , who gave sentence against her for want of sufficient witnesse , notwithstanding his confessors testimony : the king hereupon grew so angry with the bishop for revealing his secrets , that sending for him to his chamber , he caused his tongue to be cut out : for which out-rage committed on the bishop , though faulty , the pope in the councell of lions complained , and in the end interdicted all the realme of arragon , and excommunicated the king . hereupon to take off this interdiction and excommunication , the king sent the bishop of valentia with his excuse and humiliation to the pope ; wherewith he being some what pacified , sent two legates into arragon ; who having assembled a synod of bishops at lerida , they caused the king to come thither , and to confesse his fault upon his knees before these fathers , with great submission and teares , who gave him absolution , upon condition he should cause the monastery of boneface to be built , and endowed with an hundred and forty pounds of silver , of annuall rent ; endow an hospitall for the poore with foure hundred pounds silver per annum , and give a prebendary in the great church of g●rone , for the maintenance of a masse-priest . about which time the moors in spain erected many new kings and kingdoms by mutuall consent , and mahumad aben alamar for his valour , was by the inhabitants of mariona , elected and made first king of granado . anno . all was in combustion in portugall by the negllgence and basenesse of their king don sancho capello , who was wholly given to his wives humours , hated of the portugales , and himselfe disliked for her sake : for many malefactors and insolent persons were supported by her , who grew daily more audacious in their excesse , without feare of iustice , which was trodden under foot , for their respect . for these considerations , and her barrennesse too , all the noblemen of the kingdome desired to have the queen ( called mencia ) separated and sent out of portugall : for effecting whereof , they made a great instance at rome , but neither exhortation , admonition nor commandment , nor censure could prevaile , the king so doting on her , that he would not leave her : which the portugals perceiving , some of them presumed to seize on her in the city of coimbra , and conducted her into gāllicia , from whence she never more returned into portugall . not content herewith , they sought to depose the king from his royall dignity too , for his ill government , and to advance his brother don alphonso to the regall throne , in his place ; whom the estates assembled made regent of portugall , leaving only the title of king to his brother ; which fact of the estates , the pope in the councell of lions , authorized by his apostolicke power : with which the king being displeased , abandoned his realme , and retired into castile . anno . the lawes and customes of arragon , were reduced into writing by king iames his appointment , and compacted into one body , having till that time been observed onely by tradition : which volume was confirmed by the estates held at huesca : and the same yeere the king of castile erected a kind of chancery and standing court of parliament of . learned men , which followed the court. anno . thibald the . king of navarre being but . yeers old at the descent of the crown unto him , was at . yeers of age , declared of full age , and crowned king in the great church of pampelone , where he did sweare , to preserve and augment the priviledges of the covntry : afterwards he doing homage to the king of castile for the realme of navarr● , as his predecessours had done before him , and making such a peace with him as the prelates , knights and commonalties of the realme in the states had approved , yet divers knights and the inhabitants of the borough of s● . ●●rmin of pampelone disallowed this homage , this peace , and would not subscribe to it , as tending to the kings dishonour ; whereupon the king did punish them by sines ▪ but his choller being past , some few dayes after , considering they were good and faithfull subjects , loving his honour and greatnesse , and that they resisted his will out of true love and zeale which they owed to the crowne and their countrey , hee caused their f●nes to be restored . alphonso the . fifth king of por●●gall putting away his 〈◊〉 wife mahauis without cause after he had children by her , and marrying 〈◊〉 , hereupon when by no intreaties of friends or the pope he would entertaine his first wife again , he was excommunicated by the pope , and his realme interdicted or ●● , yeerspace , continuing still obstinate till his first wife dyed , after which he was absolved . anno . and in some yeere following , there were divers 〈◊〉 concerning the crown lands , and setling of portions for the king of a●ragons younger children , moved and determined in the assembly of the estates of arragons and the nobility complaining , that their king iames did b●●ake 〈◊〉 , made many leagues and factions . this matter being debated 〈…〉 saragossa , and then at exea in the yeare . for pacifying these troubles they enacted , that no honours nor military fees should be given to any but to gentlemen of race , and born in the countrey . that no gentleman should be subject to the 〈◊〉 of cattell : nor to any other . that in all controversies which the nobility might have against the king or among themselves , the magistrate called the iustice ma●or of arragon should be iudge , being assisted by the councell . that the king should not give the fees and military rewards : , allotted to them that doe him service , as are co●peace of their vertue and valour , to any of his lawfull children , who by right have their portions in the realme : anno. . iames king of arragon comming to the councell of lions , desirous thereto be crowned by the hands of pope gregory ; ( a ceremony whereof he made great account : ) the pope refused him , unlesse he would acknowledge himselfe vassall to the church of rome , and pay the arrerages of the rent which the deceased king don pedro his father had promised : the which king iames would not doe , holding it an unworthy thing so to d●base the greatnesse of his crowne , and restraine the liberty of his realme in any sort . and this yeare there were great and continuall tumults in arragon , the nobility opposing themselves against the king : for composing which differences the estates of arragon assembled in parliament at exea , where king iames tooke the government and managing of the affaires of the realme from his sonne don pedro : and diverse great dons were there condemned of contumacy , and their lands confiscated by the iustice major of arragon : in this assembly the nobility pleaded the priviledges of catteloyne ; that the nobility might quit the kings obedience in case of controversies and suites , especially if there were question of their liberties , and to protest it publikely . anno . denis the infant king of portugall desired his grandfather alphonso king of castile to discharge the realm of portugall of the homage and vassallage it ought to the king of ●eon , who thinking it would be taken ill by the noblemen his subjects , advised the infant to propound it in an open assembly , called to that end . the opinion of don nugno de lara was , that by no meanes he should diminish the authority and greatnesse of his crown , which he should doc , if he did quit this homage to the king of portugall : for which opinion the king growing angry with him , the residue fearing the kings displeasure , advised him to doe it : whereupon the realme of portugall was freed from all homage and subjection due to the kings of leon and castile : for which prodigality the other nobles and d. nugno were so much discontented , that they made a league with the king of granado against their own king , for dismembring portugall from the crown of leon ; to pacifie which differences the king used many mediations , and at last called an assembly of the estates at burgos , the which was held without the towne for the safety of these confederates . that great astronomer alphonso king of castile , ( who presumed to controule the author of nature , saying ; that if he had been at the creation of the world , hee should in many things have been of another opinion , and amended gods workmanship ; ) was a most willfull , indiscreet , unfortunate prince : for his eldest sonne fernand dying in his life time , leaving alphonso and other issue males behind him , don sancho his second son resolved to dispossesse his nephews of the kingdom , saying ; that it was fit , that he who was a knight , and learned to govern a realme , were it in warre or peace , should raigne after his father rather then his nephews , sons of his eldest brother who were very young , having need of regents and governours , charges which were affected by great personages , who by reason thereof grew into quarrels one with the other , to the oppression of the people , and hazzard of the estate . after which , don lope diaz of haro pressed the king to declare don sancho his sonne , his successour in the realmes of castile , toledo , leon , and other places , being his eldest sonne then living ; to which he giving a cold answer at first , having afterwards assembled the estates in segobia , he was by the king and the estates consent declared and received as heire to the crown after his fathers decease , fernands children being disinherited of their right , which fact was then excused and justified , because there was no law at that time which did binde the king , much lesse the estates , to leave the realme more to one sonne then to another : since which there was a law made and received in the time of fernand the . in the city of taro ; where it was decreed by the estates upon this difficulty , that the children of the elder brother deceased , representing their fathers person , should in that respect be preferred before the vncle : hereupon queen violant , and blanche widow to fernand were so much discontented with the decree of the estates , disinheriting the eldest brothers sonnes , as taking the young children with them , they departed out of castile to don pedro king of arragon ; where don sancho caused his nephews to be imprisoned , whom king alphonso labouring under hand to get releas●d , don sancho advertised hereof , made a league with the moores of granado , against his father , and by assent of his confederates took upon him the title of regency of the kingdome of castile and other his fathers dominions , refusing the title of king , during his fathers life time ; who was forced to pawn his royall crown and iewels to iacob abin ioseph a moore , king of morocco , who aided him willingly against don sancho . after which in an assembly of the states at cordova with the advise of the noble men and knights of castile thereupon sent , by a decree pronounced by the mouth of don manuel , in the name of the whole nobility , alphonso was deprived of all his realmes , for murthering his brother don frederick , and burning don rues unjustly without any forme of justice or orderly proceedings , the breach of the rights and priviledges of the nobility , and the excessive wasting of the treasure of the realme . vpon this there arose bloody warr●s between the father and sonne ; and in the yeere . alphonso was so vexed with his sonnes proceedings , that hee pronounced in the presence of many men of ranke both clergie and laity in the city of sevill , the curse of god and his upon don sancho , a sonne , said he , disobedient , rebellious , and a paricide , declaring him uncapable and unworthy to reign , depriving him of his successions , inheritance , and discharging the subjects , as much as in him lay , from all oath and homage which they had done unto him . but these were but words which don sancho did not much esteem ; enioying his fathers kingdomes after his decease in title , as he did before in act , and dying king of custile , his h●ires succeeded him in that realme , as lawfull heires thereunto . don pedro the third , king of arragon about the yeare . had many controversies with his nobles and knights who complained much of his sower disposition , and tyrannous manner of government , insulting over the greatest , yea against his own blood , contrary to all law and nature . wherefore being ill intreated by him in their freedomes , whereof the townes and commonalties of his countries did also complain , the nobility , knights and gentry , for preservation of their liberties made a vnion together among themselves and with the people ; promising and swearing to l●t the king and his sonne don alphonso ( who was his lieutenant generall ) understand , that if they did not contain themselves within the limits of the lawes of the country , they would withdraw themselves from their obedience , and declare themselves enemies , and pursue them by armes that should seek to break them . the king hereupon called the estates to tarrasone , and afterwards to saragossa , where he intreated , promised and did all what he could to break this vnion : but he was forced to yeeld , and granted to the arragonians the priviledge they call generall , whereby their liberties which had been somewhat restrained , were again restored , the ancient manners of the country , and customes of their ancestours put in practise . and moreover there were laws made for their kings , which they should be bound to obey ; and for that they were in a mutiny in some places , by reason of certain impositions laid upon salt , the traffique thereof was made free by the estates . and the king refusing the judgment of the iustice maior of arragon , deposing pedro martines artassone ( who then exercised it ) from his office , the estates soon after at an assembly at zutaria , fortified it with stronger laws , deeming the iustice of arragon to be a lawfull iudge , ( whom the king himself could not displace ) even in cases commenced against the king ; who being cited and not appearing , there were decrees made against him in many instances . in the end the king confirmed the decrees of the iustice maior , and whatsoever should be concluded by the estates , the deputies and councellors having given their suffrages . i read in hieronimus blanca , that about the year . the arragonians taking it ill that their liberties gotten with their blood , should so many wayes be subverted , as then they were by king pedro the first , raised up the name and forces of a vnion , that with one force , and the consent of all , one minde as it were being made out of all , they might more easily propulse so great injuries ; but what was then done hereupon , is not recorded ; but the two memorable priviledges of the vnion under king alphonso the third , are said to spring from thence . don alphonso king of aragon succeeding pedro , anno . he was admonished by the estates ambassadours , to come speedily to the assembly at saragossa ; where having sworn and promised the observation of the customs , rights and priviledges of the countrey , and received the oath of fealty from the deputies , he might lawfully take upon him the title of the king of aragon ; the which they said , he might not use before this act and ceremony , according to the ancient customs of aragon . vpon these summons he came to the assembly of the estates to saragossa , took the oath aforesaid , after which he was crowned : which done there grew in this assembly a great contention , touching the reformation of the mannors of courtiers , and the ordering of the kings house ; the noblemen and deputies of the estates of aragon maintaining ; that the conusance thereof was incident to their charge ; the king , and his houshold servants on the other side , denied , that there was either law or custom which tyed the king or his followers to any such subjection . in the end it was concluded , that the reformation of the court should be made by twelve of the principall families , the like number of knights , four deputies of saragossa , and one of either of the other cities , the which should give their voices in that case . this vn●on of aragon obtained likewise a decree , that the king should have certain councellors chosen , to wit , four of the chief nobility , four knights of noble and ancient races ; four of his houshold servants , two knights for the realm of valencia , two citizens of saragossa , and one of either of the other cities ( whom they particularly name ) with a condition , that whilest the king should remain in aragon , ribagorca , or valencia , two of those noblemen , two of his servants , two knights of aragon , one of valencia , and the four deputies of the realm of aragon , should follow and reside in his court , as covncellors appointed by the vnion ; who protested by solemn deputies sent to the king to that end , that if he did not receive , observe , and maintain those orders , they wovld seize vpon all his revenves , and on all the fees , offices , and dignities of such noblemen as should contradict them . thus were the kings of aragon intreated in those times by their subjects , who entred into a vnion between themselves , resolving , that for the common cause of liberty non verbis solum , sed armis contendere liceret ; that it was lawfull for them to contend not onely with words , bvt with arms to ; and determined in this assembly of the states , a comitijs intempestive discedere regi nefas esse , that it was unlawfull ( yea , a grand offence ) for the king to depart unseasonably from his parliament , before it was determined . our present case . iames the second of aragon being in sicily at the death of king alph●nso , don pedro his brother assembled the estates at saragossa , to consult , left the state in his absence would receive some prejudice ; where james arriving , having first 〈◊〉 and promised the observation of the rights and priviledges of the countrie , was received and crowned king . about the year iames , by advice of his estates held at tarragone , made a perpetuall vnion of the realms of arragon and valencia , and the principal●ty of catelone , the which from that time should not for any occasion he disunited . in which assembly don iames eldest son to the crown , being ready to mary leonora of castile , suddenly , by a strange affection , quitting both his wife and succession to the realm of arragon , told his father , that he had made a ●ow neither to marry , nor to reign ; so as notwithstanding all perswasions of the king and noblemen . he quit his birth-right to his brother don alphonso , after the example of esau : discharged the estates of the oath they had made unto him , and presently put on the habite of the knights of ierusalem ; whereupon his second brother , was by the estates of arragon acknowledged and sworn heir of these kingdoms , after the decease of his father . at this time the authority of the iustice of aragon was so great , that it might both censure the king , and the estates , and appoint them a place , and admit them that did assist , or reject them . ferdinand the fourth , king of castile , being but a childe when his father sancho died , was in ward to his mother queen marry , his protectresse ; he had two competitors to the crown , alphonso de la cede , and don iohn , who making a strong confederacy , were both crowned kings , against right , by severall parts of his realm , which they shared between them . the states assembled at zamora granted great sums of money to ferdinand to maintain the wars with his enemies , and procure a dispensation of legitimation and marriage from the pope , who would do nothing without great fees . after which he summoning an assembly of the estates at m●dina , they refused to meet without the expresse command of the queen mother , who commanded them to assemble , and promised to be present , after this divers accords were made twixt him and his competitors ; and at last calling an assembly of the estates to assist him in his warres against the moors ; he soon after condemned two knights , called peter and iohn of caravajal , without any great proofs , for a murther , and caused them to be cast down headlong from the top of the rock of martos ; who professing their innocency at the execution , they adjourned the king to appear at the tribunall seat of almighty god within thirty dayes after , to answer for their unjust deaths ; who thereupon fell sick and died , leaving his son alphonso the , very young ; for whose regency therebeing great competition , the inhabitants of avila , and their bishop resolved , not to give the possession and government of the kings person to any one , that was not appointed by the assembly of the estates ; whereupon the estates assembling at palence , committed the government of his person to q. mary his grandmother and queen constance his mother ; who dying , another assembly of the estates was called at burgos , anno . who decreed , that the government of the king , and regencie of the realme should be reduced all into one body betwixt q marry , don pedro , and don iohn , and if any one of them should dye , it should remain to the two other that did survive , and to one if two dyed . after this , anno . these tutors and governours of the realme of castile were required by the estates in an assembly at carrion to give caution for their government , and to give an account what they had done . who often jarring and crossing one another ; divers assemblies of estates were oft called to accord them . anno . the estates assembling , appointed new governours of the king and realme , who discharging their trust very lewdely and oppressing the people , anno . they were discharged of their administration at a parliament held at vailledolet : in which the king did sweare , to observe the fundamentall lawes of the realme , and to administer justice , maintaining every one in his estates . goods and honour : which done , the deputies of the estates swore him fealty . this king afterwards proving very cruell and tyrannicall , his nobles and subjects of times successively took up defensive armes against him , his tyranny augmenting their obstinacy , and procuring him still new troubles ; whereupon at last discerning his errours , he became more mild , and often assembled the estates in parliament , who gave him large subsidies to maintain his warres against the moores . the province of alava had a custome to chuse a lord under the soveraignty of castile , who did govern and enjoy the revenues appointed by the lords of the countrey ; for the election of whom they were accustomed to assemble in the field of arriaga ; those of this election being called brethren , and the assembly of the brotherhood . notwithstanding in the yeer . the brotherhood and estates of this province sent to k. alphonso divers articles , which they beseeched him to confirme , promising for their part , that this should be their last assembly , and that the name and effect of their brotherhood should remain for ever extinct , and the province be for ever united to the crown of castile , if he would confirme those articles to them , being . in number , which he did . the chiefe were these , that the king nor his successors should not alien any place of his demesnes . that the gentlemen and their goods should be free and exempt from all subsidies as they had been heretofore . that they and others of the countrey should be governed according to the customes and rights of soportilla ; and that divers townes and villages therein specified should be free from all tributes and impositions . about the yeer . mahumet king of granado , becomming casually blind , was soon after deposed by his own brother , and the great men of his realme , who were discontented and disliked to be governed by a blind king , who could not lead them to the warres in p●rson . which kingdome went by election commonly , as is evident by his three next successours , and mahumet the sixth king of granado . anno . lewes hutin was crowned king of navarre at pampelone , where he sware , to observe the lawes and rights of the realme . after which , anno . philip the long was elected by the estates of navarre to be their king in right of his wife , but it was upon conditions drawn in writing which they tendered to him and the queen to subscribe and sweare to , before the solemnities of their coronation , in the estates assembled at pampelone , which they yeelded willingly unto ; whereof the principall articles were these : . first , to the estates to maintain and keep the rights , lawes , customes , liberties , and priviledges of the realme , both written and not written , whereof they were in possession , to them and their successours for ever , and not to diminish , but rather augment them . . that they should disannull all that had been done to the preiudice thereof by the kings their predecessors , and by their ministers , without delay , notwithstanding any let. . that for the tearme of . yeares to come they should not coyne any money , but such as was then currant within the realme , and that during their lives they should not coyne above one sort of money , and that they should distribute part of the revenues , profits and commodities of the realme unto the subiects . . that they should not receive into their service above foure strangers , but should imploy them of the countrey . . that the forts and garrison of the realme should be given unto gentlemen borne and dwelling in the countrey , and not to any stranger , who should do homage to the queen , and promise for to hold them for her , and for the lawfull heire of the countrey . . that they should not exchange , nor engage the realme for any other estate whatsoever . . that they should not sell nor engage any of the revenues of the crowne , neither should make any law nor statute against the realme , nor against them that should lawfully succeed therein . . that to the first sonne which god should give them , comming to the age of twenty yeares , they should leave the kingdome free and without factions , upon condition , that the estates should pay unto them for their expences an hundred thousand sanchets , or other french money equivalent . . that if god gave them no children , in that case they should leave the realme after them free , with the forts , in the hands of the estates , to invest them to whom of right it should belong . . that if they infringe these articles or any part of them , the subiects should be quit of their oath of subiection which they ought them . these articles being promised and sworne by the king and queen , they were solemnly crowned , and the deputies of the estates , noblemen and officers of the crown took their obedience to them . vpon this agreement , all the castles and places of strength in navarre were put into the hands of the estates , who committed them unto the custody of faithfull knights , in whose keeping they continued ; a catalogue of which castles with the names of the knights that guarded them , by the estates appointment , in the yeare . you may read at large in the generall history of spaine . before this anno . the estates of navarre assembled at puentala reyna , to resolve without any respect , to whom the realm of navarre belonged , whether to edward king of england , or to iane countesse of eureux . the estates being adjourned to pampelone , the chief town of the realme , their opinions were divers ; many holding that king edward should have the realm , as granchilde ( born of the daughter ) to queen iane , daughter to king henry , rather then the countesse of eureux , in regard of the sex ; others , with more reason , held for the countesse , who was in the same degree , but daughter to a son , and heir to queen iane. these prevalled , drawing the rest to their opinion ; whereupon the countesse was declared true and lawfull queen of navarre , the realm having been vacant above four moneths . and untill that she and count philip her husband should come and take possession of the realm , they declared the regent and viceroy don iohn corberan of leet , standard bearer of the realm , and iohn martines of medrado . lo here a parliament of the estates of navarre , summoned by themselves , without a king , determining the right of succession to the crown , appointing a vicegerent , and prescribing such an oath and articles to their king , as you heard before . anno . king philip of navarre , to administer justice , erected a new court of parliament in navarre , which was called new , to distinguish it from the old ; he and the three estates of the realm naming men worthy of that charge . queen iane and philip deceasing , their son charles the second , surnamed the bad , for his crueltie and ill manners , was called by the three estates of navarre to pampelone , and there crowned in their assembly after the manner of his ancestors , swearing to observe the lawes and liberties of the country . a●ter which a far stricter oath was administred to charles the , an. . anno. . in a generall assembly of all the estates of arragon , don pedro son to the infant don alphonso , was sworn presumptive heir and successor to the crown , after the decease of his grandfather and father , the which was there decreed and practised , for that don pedro earl of ribagorca did maintain , that if his brother don alphonso should die before their father , the realm did belong to him by right of propriety , being the third brother , rather then to his nephew the son of the second brother . in this assembly the articles of the generall priviledges were confirmed ; and it was ordained for a law , that no freeman should be put to the racke , and that confiscations should not be allowed , but in cases of coyning and high treason . anno . alphonso king of castile , treacherously murthering don iohn the blinde , his kinsman , in his own court , when he had invited him to dinner on all saints day , and then condemning him for a traitor . confiscating his lands ( a fact unseemly for a king , who should be the mirrour of iustice : ) hereupon don iohn manuell stood upon his guard , fortified his castles , revolted from the king for this his treachery , allyed himself with the kings of arragon and granado , overran the countries of c●stile , from almanca unto p●gnafield ; the prior of saint iohns , don fernand rodrigues , hereupon caused the cities of toro , zamora , and vailledolit , to rebell and shut their ga●es against the king ; and many others likewise re●olted from him : at last he was forced to call an assembly of the estates , who gave him subsidies to ayde him in his wars against the moors ) and to conclude a peace with don manuel and his other discontented subjects ; whom he afterwards spoiling of their lawfull inheritances , and pursuing them in their honours and lives by tyrannous crueltie , extending his outragious disdain even to women of his own blood , he thereby so estranged most of his princes and nobles from him . that they revolted from him , and j●yned with mahumet king of granado , and the moors in a warre against him , which lasted three or four yeers , putting him to infinite troubl● , exations and expences , enforcing him to make a dishonourable peace with the moors , to release the tribute which they payed him formerly ; and after much media●●on he concluded a peace thorowout all the realm with his discontented subjects . this prince thinking to raign more securely , had taken a course of extream severity , shewing himself cruell and treacherous to his nobility , whereby he was feared , but withall he lost the love and respect of his subjects , so as he was no sooner freed from one danger , but he fell into another worse then the first , his nobles holding this for a maxime , that a tyrant being offended will at some time revenge himself , and therefore they must not trust him upon any reconciliation , who to pacifie the troubles which had grown by his own errour , had made no difficulty to sacrifice ( upon the peoples spleen ) his own mignions , degrading , and in the end murthering , condemning them as traitors after their death , yea , the princes of his own blood , taking their goods , estates , and depriving the lawfull heirs , seeking to reign over free men , and generous spirits as over beasts entreating them as base and effeminate slaves , who might not speak their opinions freely in matters of state and government , of which they were held dead members and without feeling . whereupon d. manuel and other nobles , as men endued with understanding , reason , and not forgetting the nature of alphonso , who was proud , a contemner of all laws , and treacherous , they proceeded so farre as to withdraw themselves from his subjection by protestation and publike act , and entred into a league with the king of portugall , incensing him to take up arms for their defence : where upon king alphonso having some feeling , that cruelty was too violent remedy for men that were nobly borne , he sought by all milde and courreous meanes to divide them , and to draw some of them to his service , which he effected , and so more easily conquered , and reduced their companions . an. . was founded the town of alegria of dulanci , in the province of alava , and many villages thereabout , the which obtained from the king the priviledges and lawes of the realm , whereby the inhabitants should govern themselves , with libertie to chuse their own iudges . don pedro the first , king of castile , surnamed the cruell , most tyrannically murthering and poysoning divers of his nobles and subjects without cause , banishing others , quitting blanch his espoused wife within three dayes after his marriage , to enjoy the unchaste love of doxna maria de paedilla , by whom hee was inchanted , which much troubled the whole court ; divorcing himselfe without colour , by the advice onely of two bishops , without the popes assent , from blanch , and marrying jane of castro in her life time ; hanging up divers burgesses of toledo causlesly , for taking the queens part too openly , and among others a goldsmiths sonne , who offred to be hanged to save his fathers life ; causing his own brother don frederick , and divers nobles else to be suddenly slain , anno . poysoning and murdering likewise divers noble ladies , among others don leonora his own aunt : after which anno . he murthering two more of his own brethren , executing divers clergy men , and knights of castile , banishing the archbishop of toledo , putting divers jews ( as samuel levy his high treasurer , with his whole family ) to death , to gain their estates , and causing his own queen blanch to be poysoned , after she had long been kept prisoner by him . anno ● . hereupon his cruelties , rapines and murders growing excessive , and the popes legat denouncing him an utter enemy to god and man , henry earle of transtamara , his brother , with other fugitives getting ayde from the king of navarre , entred castile with an army , where by the nobles importunity he tooke upon him the title of king of castile and leon ; which done , the whole kingdom ( long oppressed with d. pedro his tyranny ) immediately revolted from him , so that in few dayes henry found himselfe king of a mighty great kingdom , almost without striking stroke , the people striving who should first receive him , such was their hatred to the tyrant pedro : who being doubtfull what to doe , fled with two and twenty ships out of his realme to bayon , craving ayde of the english to revest him in his kingdom ; mean time king henry assembling the estates at burgon , they granted him the tenth penny of all the merchandize they should ●ell in the realm , to maintaine the warres against pedro ; who getting ayde from the english upon conditions , accompanied with the valiant black prince of wales , entred with a great army into spain , where the prince writing to henry , voluntarily to resign the crown to pedro his brother , to avoyd the effusion of christian blood ; he made answer , that he could not hearken to any accord with him , who had against the law of nature taken delight to murther so many of the blood royall and other great personages of castile , who had not respect of the lawes of the countrey , and much lesse of god , falsifying his oathes and promises , having no other rule in his actions , but his tyrannous passions . whereupon , battell being joyned , henry was conquered , and pedro restored ; but hee discontenting the english and others , who had reseated him in his kingdome , by his insolency and tyranny , and the biscaniers refusing to be under the command of strangers , whom they would never consent to be put in possession of their countrey ; and with all falling to his former cruelties , and courses contrary to the advice of his friends and astrologers ; he so estranged the hearts of all from him , that the english returning , and henry receiving new forces from the french , entred castile , suddenly , and conquered the tyrant ; who being betrayed into k●ng henry his hands as hee was taking his flight by night , king henry stabbed him with dagger in the face , and at last getting him under him , slew him with his dagger for his excesse and tyranny , anno . and raigned quietly in his steed . i might prosecute and draw down the histories of all the spanish kings and kingdomes from his dayes till this present , which are full fraught with presidents of this nature , ●o prove all the kings of spaine inferiour to their kingdomes , assemblies of the estates , lawes , resistible , deprivable for their tyrannyes ; but because those who desire satisfaction in this kinde , may read the histories themselves more largely in the generall history of spaine , in ioannis pistorius , his hispanie illustratae , ( where all their chiefe historians are collected into severall volumnes : ) and in meteranus and grimstons histories of the netherlands : i shall for brevity sake pretermit them altogether , concluding with one or two briefe observations more touching the gothish and arragonian kings in spain , which will give great light and confirmation to the premises . first , for the antient kings of the gothes in spain , aimoinius , and hugo grotius out of him , confesse ; that they received the kingdom from the people , revocable by them at any time ; and that the people might depose them as often as they displeased them ; and therefore their acts might be rescinded and nulled by the people who gave them only a revocable power : which the premised histories experimentally evidence : such likewise were the kings of the vandales , removable at the peoples pleasure as procopius writes : such the kings of the heruli , quadi , iazyges , lombardes , burgundians moldavians africans , the ( l ) moores in spaine , the two annuall kings of carthage , the antient germane kings the kings of sparta ; and most other kings of greece , as historians and authors of best credite relate . secondly , for the kings of arragon , and originall constitution of the kingdom , i find this memorable passage in hieronymus blanca his rerum arragonenfium commentarius , pag. . . . & ● . . in the third tom. of ioannis pistorius his hispaniae illustratae , sancho the fourth king of arragon dying without issue , the estates and people advising together what course they should take for their security and future good administration of the common-weale , about the year of our lord , . elected twelve principall men to whom they committed the care and government of the republike during the inter-regnum . these because they were very ancient men , were called elders , from whence those who by birth are stiled rici-men , drew their originall ; and this manner of governing the common-wealth continued long ; but the great incursions of the arabians pressing them , they imagined it would not continue firme and stable : yet notwithstanding , taken with the sweetnesse of liberty , they feared to subject themselves to the empire of one man ; because verily they beleeved that servitude would proceed from thence . therefore having considered and rightly pondered all things , and reasons , they made this the result of all their counsels ; that they should consult with pope adrian the second , and the lombards what course they should take by their advise , which should be most meet for the perpetuating of the empire : to whom , as reports goe , they returned this answer . that preordaining certaine rights and lawes , retified with the previous religion of a cautionary oath , they should set up one king over them ; but yet should reject a forraign dominion ; and that they should take heed , that he whom they adopted to be king , should be neither of the superiours , nor inferiours ; left , if superiour , he should oppresse inferiours , or lest , if inferiour , hee should be derided by superiours ; to which counsell and sentence they submitting , founded that ancient suprarbian court : for according to the answer given , all decreed , that they ought to elect one man excelling in vertue for their king ; but yet , lest the pleasures of kings , like as in other princes , should likewise even among us become lawes , they first of all enacted some lawes by which they might heale this inconvenience . these lawes they afterward called the suprarbian court , which we should largely prosecute , but through the injury of time , the knowledge of them is buried , and some fragments of them only are extant , observed by prince charles himselfe , and some other writers , which we shall verily remember ; because they are as the first elements of our republike , and containe in them , the institution of the magistrate of the iustice of arragon , which is the chiefe thing of our institution ; therefore in the beginning of that court it was provided , that the king which should be , since the kingdom , lately taken from the moores , was freely and voluntarily conferred on him , should be bound both by the religion of an oath , as likewise by the force and power of lawes , to observe the lawes and liberties of the kingdom ; now the lawes were these , ; governe thou the kingdome in peace and righteousnesse , and give us better courts of justice . the things which shall bee gained from the moores , let them be devided not only between the rich-men , but likewise between the souldiers and infantry ; but let a stranger receive nothing from thence . let it bee unlawfull ( or a wicked act ) for the king to enact lawes , unlesse it be by the advice of his subjects first given . let the king beware , that he begin no warre , that he enter into no peace , conclude no t●uce , or handle any other thing of great moment , without the concurring assent of the elders . now lest that our lawes or liberties should suffer any detriment , let there be a certain middle iudge at hand , to whom it may be lawfull to appeal from the king , if he shall wrong any one , and who may repell injuries , if peradventure he shall offer any to the common-weale . with these lawes therefore and sanctions , those our ancestors confirmed the enterprise of new moulding and reforming the common-wealth : but verily this was the chiefest garison for to retaine their liberty , whereby they ordained the presidentship of a middle iudge ; placing the power in such sort in the king , that the temperating of it should be in the middle iudge : out of which things , the moderate and musicall state of the common-weale which we enjoy , is moulded and made up . for from the very beginning of things even to these later times , wee see by force of this intermediate magistrate , and by the goodnesse and clemency of most peaceable kings , that both our pristine liberty , and ancient priviledge hath been alwayes retained , and due loyalty and reverence to the kings majesty , observed : neither hath the kingdome onely emplored the help of this magistrate against kings , but the kings themselves oft-times against the kingdome ; by which meanes , many intestine evils have been appeased without any tumult , which unlesse they had been civilly suppressed , seemed verily to have been likely to have broken out to the common destruction of all men ; so as we may rightly affirm , that in this alone , the summe of preserving civill concord both to kings and the kingdome hath consisted . this magistrate was at first called the iustice maior ; afterwards assuming the name of the kingdome it selfe , it was called the iustice of aragon : by these ( formentioned ) prescribed lawes , the will of him who desired to be king of aragon , was wholy to bee directed and formed ; and unlesse he would first suffer his faith to bee obliged in most strick bonds for keeping of them , any future soliciting was to be preposterous . having therefore laid the foundations of their countreys liberty , all of them began to dispute among themselves about electing a king : to which end , they all assembled together at arahvest to chuse a king ; where they were suddenly besieged by the arabians : which iunicus arista king of the pompelonians hearing of , came with an army and rescued them ; whereupon they elected him for their king with unanimous consent , and calling him unto them , shewed him the lawes they had pre-established ; on● whereof , concerning the middle magistrate , seemed most hard unto him : but having more deligently considered the matter , and that they voluntarily offered him the kingdome gained from the enemies ; hee not only ratified the lawes themselves , but likewise added this new law , or priviledge to them : that if the kingdome should happen hereafter to bee oppressed by him against the lawes , ( iustice ) or liberties , the kingdome it selfe should have free liberty to elect another king , whether a christian or an infidell which clause of an infidell king , they refused to have bestowed on them , because they judged it shamefull and dishonourable : after which iunicus taking an oath to observe the former lawes , was advanced to the throne and made king of aragon about the year . moreover , to establish all these lawes and constitutions , our ancestors themselves adjoyned the accession of a publike vnion ; ordaining , that it should be lawfull and just for them , to meet all together , et regi obsistere armis et vi , and to resist the king with armes and force , as oft as there should be need to propulse any assault of him or his , made against the lawes ; which form of assembling together for the common cause of liberty , they called a vnion , ( or association : ) neither did they anciently lesse think all their liberties to be preserved by this vnion , then humane bodies themselvs are by nervs and bones . and although it were not prescribed in that suprarbian forum , yet they thought it deduced from the very beginnings of things , and deeply fixed and impressed in the sense of all men , and to be established by our common law , as by another law of nature , and that its force was enough and more then sufficiently known and discerned by use and reason . for they said , it would be but a thing of little profit for them , to have good lawes enacted , and the very iudiciary presidentship of a middle iudge , if when there should be need , ad earvm defensionem arma capere non liceret , cum jam tunc satis non esset pugnare consilliis ; it should not be lawfull for them to take up armes in their defence , when as then it would not be sufficient in such a case to fight with counsells . ; neither verily did that seem altogether impertinent from the matter , for if it should be so , all things long ere this had been in the power of kings themselves . whence our people reputed these two priviledges of the union obtained from alphonso the . ( to wit , that it shal be lawfull for the estates of the realm , i● the king shall violate the lawes of the countrey , to create a new king in his place ; and without the crime of treason , to make confederacies among themselves , and with neighbour princes to defend their liberty which king ferdinand , upon the petition of the castilians , refused to revoke , because he had taken a solemn oath to observe them . ) not as new favours or benefits , but as things done out of office , &c. therefore in those ancient rulers of which we treat , the liberty of our country was hedged about by our ancestors with three most strong fences ; namely , with the pretecture of this middle iudge , with the most ample power of the rici-men ( or palatines ) and with this most fierce force of the vnion ; of which the first seemed to be legal and civill ; the other domesticall and of greatest moment ; the last warlike and popular . neither ought it then to be inclosed with a lesser hedge , that so we might rejoyce , that it hath therby come safe & sound to us now . but of these garrisons or fences the ancient inventers of them , and those who next succeeded them , conferred more assistance and labour upon the two last , namely the domestick and popular , then on that court presidentship : for they would alwayes retain in themselves a power of moderating and governing the most loose reines of the royall dignity , which they might restrain or enlarge as there was need . the●fore they assigned those elders to him elected out of the greatest men , by whose counsels the kings ought to be hedged in on every side : the place of which elders , the rici-men afterwards possessed ; who were the chiefe of our nobles ; who in times past were second to the kings in such sort , that they might seem to be their peers and companions . these called that publike union to the ayde of liberty , and out of them were chosen those who should alwayes be the prime and principall conservators of it : for thus they called the presidents of the vnion . finally , they sustained on their necks all the offices and burdens of peace and warre , if not with the same power as the kings , yet i may truly say with very little lesse ; for the rici-men , as long as they flourished , relying on the forces of the vnion , did alwayes hover over the royall empire , and by the intire power of their offices , if the violence or assaults of kings were unjust , did from inordinate reduce them into order , and as it were into a circle of law and iustice. in which thing verily their grave censorious and domesticall authority had sufficient right and moment with our ancient kings , who were well mannered : but if peradventure they could not with their fitting counsels bridle the exulting royall forces , they did constantly repell them from their necks with the force of the raised vnion . thus and much more this spanish author , in whom you may read at large the power and authority of the iustice of arragon , of the generall assembly of the estates or parliaments of that kingdom , of their rici men , peeres , magistrates , councellors , and in ioannis de laet. his descrip●io hispaniae , cap. . cite . ioannis mari. and de rebus hisp. l. . c. . & gen. hist. of spain , l. . p. . ; to which l shall onely adde this most notable custome and ceremony used at the coronation of the kings of arragon , recorded ( q ) by by iunius brutus , ( r ) franciscus hotomanus , and others . the arrogonians when as they create and crown their king in the assembly of the estates ( or parliament ) of arragon , to put the king in mind , that the lawes , the iustice of arragon , and assembly of estates are above him , act a kind of play that he may remember it the better : they bring in a man on whom they impose the name of the iustice of arragon , whom by the common decree of the people , they enact to be greater and more powerfull then the king : to whom , sitting in an higher place , they make the king doe homage and then having created the king upon certain lawes and conditions , they speake unto him in these words , which shew the excellent and singular fortitude of that nation in bridling their kings : nos qvi valemos tanto come vos , y podemos mas qve vos , vos elegimos rey , con est as y est as conditiones intra vos y nos vn qve manda mas qve vos : that is , we who are as great as you , and are able to doe more then you , have chosen you king upon these and these conditions : between you and us there is one greater in command then you ; to wit , the iustice of arragon which ceremony ( lest the king should forget it ) is every three yeares repeated in the generall assembly of the states of arragon which assembly the king is bound by law to assemble , it being a part of the very law of nations , which sacred liberty of parliaments , and assemblies if any kings by evill arts restrain or suppresse , as violaters of the law of nations , and void of humane society , they are no more to be reputed kings , but tyrants , as hotoman hence determines . ; ; ; i have now given you somewhat an over-large account of the two greatest and most absolute hereditary kings in christendom , france and spain , and proved them to be inferiour to their lawes , parliaments , kingdomes , people , out of their owne authors and historians : in which points , if any desire further satisfaction , i shall advise them to read but iunius brutus his vindiciae contra tyrannos , de jure magistratus in ●ubditos , and francisci hotomani his franco-gallia ; and controvers . illust. for france : ●oannis mariana , de rege & regum instit. l. . with his history of spain , hieronimus blanca , rerum arragonensium commentarius , ioannis de laet hispaniae descrip . c. . & vasquius , contr. illust . for spain , at their leisure , and then both their judgements and consciences will be abundantly satisfied herein . i shall now very cursorily run over other forraigne kings and kingdoms of lesse power and soveraignty with as much brevity as may be . for the kings of hungary , bohemia , poland , denmarke , sweden , as they have been usually , and are at this day for the most part , not hereditary , but meerly ellective by the nobles and people ; so their lawes , which they take an oath inviolably to observe , and their parliaments nobles , people , are in soveraigne power and jurisdiction paramount them , as much almost ( if not altogether ) as the state of venice is above their duke , or the states of the low countries superiour to the prince of orange ; and may upon just occasion not onely forcibly resist them with arms , but likewise depose ( if not adjudge them unto death ) for their tyranny , as iohn bodin , the ●istories of hungary , poland , bohemia , denmarke , sweden , iunius brutus , de iure magistratus in subditos , munster in his cosmography , and those who have compiled the republikes of these realmes attest ; who further evidence , that most of these realms have sometimes elected them kings , other times onely dukes , and made their republikes , principalitis , dukedoms or kingdoms at their pleasure . to give onely some briefe touches concerning these realmes and their kings . hungary . the kings of hungary are meerly elective by the states and senators , in their parliaments or assemblies of the estates , without whom they can neither make lawes , impose taxes , leavie warre , nor conclude peace ; and the grand officer of the realme , to wit the great palatine of hungary ( who hath the chiefe command both in peace and warre and power to judge the king himselfe in some cases ) is elected onely in and by their parliaments , as the marginall writers manifest at large . for their realms and peoples deportment towards their ill kings ( since they became christians ) when they have degenerated into tyrants , and o●hewise misdeme●●ed themselves ; take this briefe epitome . peter the second christian king of hungary , growing very insolent , tyrannicall , and lascivious , ravishing ma●ds , matr●ns ; in the third year of his reign all the nobles and people thereupon conspiring together , deposed and banished him the realme , electing alba in his place ; who growing more insolent and tyrannicall then peter , was in the third year of his reign slaine in warre , and peter restored to the crown : who proceeding in his tyrannies , sacriledge , and cruelty , he was the third year after his restitution , taken prisoner by his subjects , his eyes put out , and imprisoned till he dy●d . solomon the fif● king of hungary , was twice deposed and thrust out of his kingdom , first by king bela , next by king gysa , ele●●ed kings by the peoples generall consent and acclamation ; after whose death the hungarians refused to restore solomon , and elected ladislaus for their king ; whereupon solomon became an hermite , and so dyed . ladislaus dying , left two sons , almus the younger , whom they elected king and coloman the eldest , to whom almus out of simplicity surrendred the crown , because he was the elder brother , whom he would not deprive of his primogeniture ; but repenting afterwards , by the instigation of some of his friends , he raised warre against his brother : but the hungarians to prevent a civill war●e and ●ffusion of blood , de●reed that these two brethren should fight it out between them in a single duell , and he who conquered in the duell , they would repute their king ; which combate coloman being purblinde , lame and crookback'd , refused ; after which coloman treacherously surprising his brother almus , contrary to agreement , put out his and bela his sonnes eyes , and thrust them into a monastery . king stephen the second sonne of coloman , refusing to marry a wife , and following harlots , the barons and nobles grieving at the desolation of the kingdome , provided him a wife of a noble family , and caused him to marry her . after which making a war to aid duk-bezin● without his nobles consent in which bezen was slaine : the nobles of hungary assembling themselves together in councell , sayd : why , and wherefore dye we ? if we shall claime the dukedome , which of us will the king make duke ? therefore let it be decreed that none of us will assault the castle , and sol●t us tell the king , because he both all this without the councell of his nobles : they did so , and added further , that if he would assault the castle , he should doe it alone ; but w● ( say they ) will returne unto hungary and chuse another king. whereupon , by the command of the princes , the heraulds procla●med in the tents , that all the hungarians should speedily returne into hungary : wherefore the king when he saw himselfe justly deserted of his subjects ayde , returned into hungary . stephen the third comming to the crowne , did nothing without the authoritie and advise of the senate . stephen the fourth sonne of bela usurping the crowne , was soone after expelled the kingdome . emericus being elected king , was very likely to be depriued by the nobles and people for his sloathfulnesse , but that he appeased them with good words and promises . king andrew going to ierusalem , his queene , elizabeth , in the meane time delivered the wife of banch●u a nobleman , being very beautifull to her brother who doated on her , to be abused , which bauchan hearing of , s●ew the queene : the king upon his returne examining this businesse , acquitted bauchan , and judged her murther just , being for so lewd a fact . ladislaus the fourth , giving himselfe to all effaeminacy , luxury , and harlots , became odious to his barons , nobles , people , for which he was excommunicated by firmanus the popes legat , that he might live christianly and chastly ; but he reforming not , was soone after ( in the yeere . ) slaine by the cumans and his kingdome infested with civill warres . mary the daughter of k. lewes , being received as queene by the hungarians for her fathers merits , after his decease , being yet young , was married to sigismond , who was admitted into partnership in the government of the realme , and being governed by her mother and nicholas de gara , who perswaded them to carry a strict hand over the nobles of the realme , which they did : thereupon the nobles seeing themselves despised , sent for cha●rles king of naples into hungary ; forced mary and her mother to resigne their rights to the crowne , and crowned charles king at alba regalis . when he was crowned the bishop of strigonium , according to the custome , demanded of the people thrice , with alowd voyce ; whether if were their pleasure that charles should be crowned king ? who answered , yes : which done he was crowned , and soone after murthered by the two queenes treachery ; who were shortly after taken prisoners by iohn de hornach , governour of croatia● ; the queen mother elizabeth drowned , queen mary kept prisoner , and at last released upon oath given , not to revenge her mothers death : who contrary to her oath caused hornach , and . nobles more to be beheaded by sigismond her husband , whose kind●ed and children thereupon conspired against king sigismond , tooke and detained him prisoner anno. . till they should proceeds further against him , and in the meane time the nobles of hungary elected ladislaus king of apulia for their king , and at last deposed sigismond for his misgovernment , cruelty , love of women . after sigismonds death , the nobles and people were divided in the choise of their king ; one part electing and crowning vladislaus king of poland , the other party ladislaus an infant , for their king : but vladislaus his party prevailing , he was not long after ●laine in a battle against the turkes ; and the government of the realme committed to that noble souldier huniades , during the minority of ladislaus , who at his ripe age , was received and declared king by all the hungarians . ladislaus deceasing , the hungarians elected the emperour frederick king , who delaying to come and take the election , they thereupon chose mathias king , who enjoyed the dignity , notwithstanding the emperours opposition . anno. . mathias king of hungary denyed the protestants in austria free exercise of their religion , they thereupon were forced to take up armes , and assembling together at honne made a protestation , and sent to the states of hungary requiring them to assist them with the succours that were promised by the offensive and defensive league : after which they obtained a peace , and part of what they demanded . anno . in an assembly of the estates of hungary , the differences concerning the defence and militia in the borders of hungary against the turke were ordered and setled . and an. . after many slow proceedings , they elected ferdinand of bohemia for their king of hungary ; but with these conditions , that he should religiously observe , and cause to be immovably observed all the liberties , immunities , priviledges , statutes , rights and customes of the kingdome , with the conclusions and treaties of vienna , and all the articles comprehended therein , and all other concluded both before and after the coronation of the emperours majestie , in the yeares . and . which articles being ratified by the emperour under his letters patents , they proceeded to the coronation , according to the accustomed manner . such is the soveraigne power of the states of hungary to this very day . and in one word , so odious were tyrants anciently to the slavonians and hungarians , that by a publick law of their ancestors , he who slew a tyrannicall king , was to succeede him in the kingdome . bohemia . for the kings and kingdome of bohemia , m. paulus stranskins in his respublica bo●emiae . c. . & . informes us out of the fundamentall lawes of bohemiae that the power of the kings of bohemia . who are elected by the generall votes of the states , is so farre restrained in that realme , that they can determine nothing concerning the kingdome or great affaires of the realme , but in their parliaments , or generall assemblies of the estates , by the generall consent of the people ; which are summoned by the king himselfe and held ( just like our parliaments ) in the kings regency , and during the interregnum by the senate of the realme , as often as there is occasion ; there being this cla●se in the writ of summons ; that whether all those who , are sommoned come at the day or not , the king with those who appeare , will proceed to decree w●at shall be just and b●neficall for the republicke , and that those who neglect to appeare shall be bound thereby ; all lawes and acts are therein passed by publicke consent . the king cannot alien or morgage any of the crown lands , nor release not diminish the revenue● & liberties of the realm , nor promote any strangers to the custodies of castles or publicke functions ; impose no taxes , charges ; nor altar the ancient manner of the militia of the realm , nor make warre or peace , without the parliaments advise and consent and before the king is crowned , the burgr●ve and nobles , in the name of all the realme , demand of him to confirm and ratifie both with his especiall charter , and publick oath , the ancient and laudable priviledges , immunities , liberties , rights , laws , customes , and institutions , as well private as publicke , of all and singular the inhabitants of the realme , and to governe them according to the rule of the lawes after the example of his predecessors kings of bohemi● . which done , he seales and delivers them a speciall charter , takes such a solemne oath , and then is crowned upon these conditions . the arch-bishop of prague after the letany ended , demands of the king , kneeling on his knees : wilt thou keepe the holy faith delivered to thee from catholiok men and observe it in just workes ? he answering , i will : he proccedes , and saith : with thou governe and defend the kingdome granted thee from god , according to the iustice of thy fathers ? he answeres , i will ; and by gods assistance promise that i will doe and performed it by all meanes . after this kneeling on his knees , the arch-bishop holding the new testament open , and the burgrave reading the words first ; the king takes this oath in the bohemian tongue we sweare to god ( the mother of god and all saints ) upon this holy gospell , that we will and ought to keepe immovably to the barons , knights , and nobles , also to those of prague and the other cities and to all the comm●nalty of the realme of bohemia , the institutions , lawes , priviledges , exemptions , liberties , and rights , and also the ancient , good and laudable customes of the realme ; and not to alienate or morgage any thing from the same kingdome of bohemia , but rather to our power to augment and enlarge it ; and to ●oe all things which may be good and honourable to that kingdome : so helpe me god ( touching the booke with two of the fingers of his right hand ) and all saints . ( the kings of navarre take the like oath . ) how this realme hath beene altered from a principality to a dukedome , and from it againe to a kingdome , having sometimes kings , sometimes dukes , both elected by the free choyse of the estates , to whom they were inferiour in soveraigne power , accountable for their ●●is-government , and removeable from their throne : you may read in the marginall authors . not to mention the bohemians deposition of libussa a noble virago , who governed then for a season , reputing it a dishonour to the nation to be ruled by a woman , and electing przemys●●s for their prince ; their deposition and banishment of prince borzinogius , because he become a christian , and renounced their pagan religion , though they afterwards twice restored him : of boleslaus rufus 〈◊〉 borzinogius the . thrice deposed banished by the nobles and people , or ●obeislaus , and other princes . wladislaus first king of bohemia in his old age , by the assent of the estates associated his sonne fred●rick ( anno ) with him in the regality henry king of bohemia using the councell of the germans rather then the bohemians , and looking more after his owne private gaine then the kingdomes , was deposed in a generall assembly ●f the estates anno . and the sonne of the emperour henry the th . chosen king , upon this condition , if he would marry the youngest daughter of king wenceslaus . king wenceslaus the drunken , for his drunkennesse , negl●gence and cruelty , was twice imprisoned and severely handled by his nobles , and upon promise of amendment , restored to his liberty and dignity : in his and sigismond his successors raigns zizca and the taborites in defence of their religion against the popish party , who most unjustly against their promise and safe conduct , caused iohn hus , and ierome of prague to be put to death , waged great warres and obtained many victories against the king and emperour , and gained free liberty of professing their religion publickely much against the popes good will ; which liberty they have ever since maintained by the sword , both against the popish emperours and kings , by meanes of which civill wars , the kingdome suffered some interregnums . during the minority of king c ladislaus , anno . this kingdome was governed by two presidents , appointed by the estates . anno . the emperour rodulph being willing to settle the kingdome of bohemia on his brother matthias in an assembly of the states of bohemia called for that purpose , the estates thereupon drew many articles which matthias was to sweare to , before his coronation , with . articles of complaints and grievances for which they craved redresse : and the inhabitants of pragne required the confirmation of . articles which concerned the private government of their city : all which the emperour and matthias were constrained to grant and sweare to , before they would admit matthias to be their king ; who had nothing in a manner but the title , some of the flowers of the liberty of the crowne , being parted with by his assenting the these . articles . anno . matthias resigning the crowne of bohemia , and renouncing his right thereunto , recommended ferdinand arch-duke of austria , to them or his successour . the states would not admit him king but upon conditions , the which if he should infringe , the states should not be bound to yeeld him obedience . moreover it was added , that he should confirm : to the states before his coronation , to maintaine all the priviledges , charters , immunities , municipall rights , constitutions and customes , of the realme , and people , as the emperour and his predecessors had done , by his oath , and charter in writing . all which assented to , he was proclaimed and crowned king . soone after the arch-bishop of pragu● causing some of the protestant churches to be ruined , and those who complained of it to be put in prison ; and plotting the extirpation of the protestand religion , through the i●su●tes instigation , contrary to their liberties and the provinciall constitution ; hereupon the protestant states of bohemia assembled at prague , fortified the towne , binding the three townes of prague to them by an oath ; entred into a solemne league , promising to fight against the common enemies of god , the king and religion , and in that cause to live and dye : to which end they levyed a great army ; banishing the j●suites out of bohemi● , as the authors of all the miseries which had hapned in that realme , and many other realmes and states of christendome , and inciting murderes to kill kings who would not live after their manner , and medling with affaires of state , and who had drawne the whole country into the hands of certaine perfidious catholickes , by whose practises the country was in danger of ruine . for which causes they banished them for ever out of the realme of bohemia , enjoying them to depart within . dayes , never to returne . after this , the protestants hearing that the emperour and 〈◊〉 party raised forces against them , possessed themselves of many townes and places within the realme , and raised two armies ; all the protestant princes and states of germany , morauia and s●lesia ( except the elector of saxony ) assisted them with men , money or councell , publishing a declaration to justifie their action , being for the common cause of religion , then endangered . the prince of oranges and states of the united provinces promised them assistance of men and money , other protestant princes and the protestant states of lower austria , did the like . the protestant armies after this had many victorious incounters with the imperialists and popish forces , and took many towns. king ferdinand in the meane time , being newly chosen emperour , the states of bohemia being assembled together at prague , which the deputies of the incorporated provinces , anno. . concluded and protested by oath , never to acknowledge ferdina●d for their king who had violated his first covenants ; resolving to proceede to a new election ; and on the . of august elected fredericke the prince elector palatine of rhine to be their king ; who accepted the dignity , & was afterward crowned king accordingly . after which the states of bohemia in sundry declarations justified their rejection of ferdinand , their election of frederick , and his title to be just and lawfull , with their preceedent and subsequent warres in defence of religion . yea fredericke himselfe by sundry declarations maintained his own title : and the lawfulnes of these wars ; which passages and proceedings being yet fresh in memory , and at large related by grimston in his imperiall history , i shall forbear to mention them . by this briefe account , you may easily discerne the soveraigne power of the realm and states of bohemia over their kings and princes , most of the great offices of which realme are hereditary , and not disposable by the king , but states who elect their kings themselves , and their greatest officer ; too . polan● . for the kings and kingdome of poland . martinus chromerus in his polonia lib. . de republica et magistratibus poloniae , informes us ; that the princes and dukes of poland , before it was advanced unto a kingdome , and the kings of it ever since it became a realme , were alwaies , elected by the chiefest nobles and states , unanimous suffrages ; that after the kings of poland , became christians , their power began to be more restrained then it was at first , the clergy being wholly exempt from their royall iurisdiction : that the king cannot judge of the life or fame of a knight ( unlesse in some speciall cases ) without it be in the assembly of the estates with the senate , not yet publickly make warre or peace , with any , nor impose taxes or tributes or new customes , nor alienate any of the goods of the realme , nor yet doe or decree any greater thing pertaining to the common-wealth without the senates or parliaments assent . neither can hee make new lawes , nor publickly command money in an extraordinary manner , nor coine money , nor nominate a successor not with the senate , without the consent of the nobility , whether of knights or gentlemens order ; by , or out of whom all publicke magistrates and senators almost are chosen : so as now the summe or cheifest power of the republicke is residing in them . so that the kingdome and republicke of the polonians doth not much differ in reason from , that of the lecedae ●onians in ancient times , and of the venetians now . an oath is exacted of the new king when he is crowned , to this effect . that he shall raigne according to the lawes and institutes of his predecessors ; and will safely conserve to every order and man his right , priviledge , and benefit , confirmed by former kings ; nor will he diminish any of the borders or goods of the realme , but will according to his power recover those that are lost from others : after all which the senate sweare fealty to him , &c. the revenues , tributes , and customes of the king are all reduced to a certainty ; the nobles & clergie are exempted from taxes . the king by the lawes of king alexander , is prohibed to alien to any one the lands of the crowne . no new lawes can be made , nor old ones repealed but by the king , senate and nobles assembled in parliament . and because there is wont to be in highest power , a slippery and ready degree to tyrannie , certaine senators and councellours are adjoyned to the king , who may direct his councells and actions to the safety of the common-wealth , and his judgements according to the rule of justice and equitie , and with their wholsome monitions and councells , may as there shall be occasion , as it were with certaine living lawes , both informe his minde and moderate his power . this royall sena●e , much greater now then in times past , consists of a certaine number of men , w●ich wee call the senators or councellours of the realme ; who are not admitted to the councell without an oath : and this office is perpetuall during life , having certaine honours and magistracies thereto annexed , partly ecclesiasticall , partly civill ; it consists of . persons in all , some of them bishops , others palatines , knights , castellanes , and other officers of the realme . the chancellor of the realme may s●gne many things without the kings privitie , and may deny to seale those things which are contrary to law , though the king command them . most of the great officers and magistrates are chosen in parliament , and cannot be displaced but in parliament , and that for some great offence . their parliaments or generall assemblies of the states are held ( much like ours ) once every yeare at least , and some times every fift or sixth moneth , if there be occasion ; and then they are kept constantly at one place , to wit at pet●icow , or warsavia in the midst of the kingdome , unlesse it be upon some extraordinary just occasion , and then the king by advice of this councel may sommon the parliament at another place . it is provided by a law within these yeares ; that it shall not be lawfull to the king to make a warre without the assent of his parliament and great councell and that the nobles as oft as there is occasion , shall at their owne costs without wages defend the borders of the realme , yet not without the king , unlesse it be during the interregnum ; but they may not be compelled to goe out of the realme to any forraigne warre without wages : the souldiers wages are reduced to a certainety , and asseased by publicke consent in parliament , which orders all military and civill affaires . ; so cromerus . for their carriage towards their ill kings , i shall give you onely a short account . miesco their second king , being unfit to governe , a man given wholly to his belly , ease , sleepe , pleasure , and governed by his queene , thereupon most of his subjects revolted from him ; and he dying the polonians at first for many yeares , refused to chuse cazimirus his son king least he should follow his fathers steps ; till at last after a long interregnum , when he had turned monke , they elected him king. bolestaus his sonne , a man of a dissolute life , given to lust , and the pest of the realme , was excommunicated by the bishop of cracow for his wickednes ; for which cause he slew him : whereupon the pope deprived him , and poland of the crowne , and absolved his subjects from their obedience to him , who expelled and forced him to flee out of the realme into hungary , where he became mad and died . my●zlaus the . king of poland , exercising tyranny every where upon his people by reason of his power and allies , was deposed by his subjects , and cazimirus elected king in his stead ; he was three or foure times deposed and put by the crowne ; boleslaus who succeeded henry , was deprived of the monarchy ; henry was surprised and most strictly imprisoned . boleslaus was slaine by his nobles ; and vladisiaus locktect , elected king in his stead , ravishing virgins , matrons , and not reforming things according to promise ; the nobles hereupon assembling together an. . abrogated his election , as pernicious , and chose wenceslaus king of bohemia , king in his place : and not to recite more ancient histories of such like nature , king henry the third of poland was elected and sworne king upon conditions which he was to performe anno . after which he secretly departing out of poland , without the assent of the nobles , to take possession of the crowne of france , within . monthes after his coronation in poland : the polonians sent messergers after him to ferrara , iune . . who denounced to him , that unlesse he returned into poland , before the of may following , they would depose him , and elect another king : which he neglecting , they in a generall assembly of the estates at wa●sa●ia , deprived him of the crowne , and elected a new king : the chancellor and greatest part of the counsellers elected maximilian the empero●r ; some others , with the greater part of the nobility , desiring to have one of the polish blood , elected anne sister of their deceased king sigismund , giving her for husband stephen battery prince of transylvania , and proclaimed him king. the emperour making mary delayes , stephen in the meane time enters poland , marrieth anne , and is crowned king by generall consent , febr●ary . . who tooke this memorable coronation oath prescribed to him by the nobles . i stephen by the grace of god elected king of poland , great duke of lithuania , &c. promise and sacredly sweare to almighty god , vpon these holy evangelists of iesus christ , that i will hold , observe , def●rd and fulfill in all conditions , articles , and points therein expressed , all rights , liberties , securitus , pri●●●●dges publike and private , not contrary to the common law , and liberties of both nations , justly and lawfully given and granted to the ecclesiastickes and s●culars , churches , princes , barons , nobles , citizens , in h●bita●ts , and any other persons of what state and condition so ever by my go●ly predecessors , kings , princes or lords of the kingdome of poland , and of the great dukedome of lithuania , especially by casim●r , lewis the great , called loys , vladislaus the first , called iagiello and his brother withold great duke of lithuania , vladislaus the . casimyrth . . iohn albert , alexander , sigism●nd the first , and . augustus , and henry kings of poland and great dukes of lathuania ; or derived and granted from them , together with the lawes enacted , and established or offered by all the states during the interregnum , and the pacts and agreements of my orators , made with the states in my name . that i will defend and maintaine peace and tranquility between those who differ about religion ; neither by any meanes , either by our iurisdiction , or by any authority o● our officers or states , permit any to be troubled or oppressed , neither will we our selfe injure or oppresse any by reason of religion . all things any way whatsoever unlawfully alienated , or distracted , either by war●e or any other meanes , from the kingdome of poland , the great dukedome and their dominions , i will re-unite to the propriety of the said kingdome of poland , and great dutchy of lithuania . i wil● not diminish the lands of the kingdome and great dukedome , but defend and enlarge them . i will administer justice to all the inhabitants of our kingdome , and execute the publike laws constituted in all my dominions , without all delaies and prorogations , having no respect of any persons whatsoever . and if i shall violate my oath in any thing ( which god forbid ) the inhabitants of my realme , and of all my dominions of what nation soever , shall not bee bound to yeeld me any obedience : yea , i doe ipso facto free them from all faith and obedience which then owe unto me as king. i will demand no absolution from this my oath of any one , neither will i receive any , which shall be voluntarily offered , so helpe me god. to this notable oath ( an unanswerable evidence of the states of polands absolute soveraignty over their kings ) this king within . dayes after his coronation , added a confirmation of their priviledges , containing the same heads , enlarged with a few more words ; which he confirmed with his solemne deed and royall seal , and delivered the same to the chancellor , and vice-chancellor of the realme to give out coppies of them , under the great seale to all the states of the realm ; who meeting s afterwards in a parliaments , at wansauia , anno. ; there was much debate about setling of the premises , and nothing concluded . anno , the states of poland questioned and opposed k. stephen , for violating their priviledges , and those of riga tooke up armes in defence of them ; refusing after his death to repaire to the assembly of the states at warsauia , anno . vnlesse their priviledges might be preserved and rectified , as you may read at large in chytr●us . king stephen dying the estates of poland , and lithua●ia , assembled at warsauia , anno . where they made lawes for preserving the peace during the inter regnum ; and enacted , that no new king should be elected , but by the unanimous consent and agreeing suffrages of all the estates , and that he who shall nourish factions , or receive gifts or rewards , or use any other practises about the election of a new king , should bee reputed an enemy of his country . after which they proceeding to an election ; there were divers competitors named : and after many debates ; one part chose maximilian duke of austria , the other sigismund the king of swethland his sonne , both of them uppon expresse articles and conditions , which they both sealed and swore unto , the chiefe whereof were these ; to preserve all their rights , lawes , priviledges , and immunities publike or private , inviolably , to keepe all former leagues and truces ; to bestow no offices upon strangers nor harbour any about them , ( except some few private servants ) but natives onely , and to be counselled and advised by them alone . to maintain a navy , garrisons , and build divers castles in the frontiers at their owne costs for the kingdomes preservation ; to redresse all grievances , maintaine the priviledges , rights and peace of those who differed in religion ; to procure and augment the weale , peace , priviledges and safety of the realme ; and perform all articles mentioned in the oathes of king henry and stephen in fine , this competition comming to bee determined by the sword : maximillian was taken prisoner by sigismund , and forced to release his right to obtain his liberty : ; and a decree passed in parliament , that no man hereafter should in the election of the king of poland , presume to name , or recommend any of the house of austria to the crown , and if any did he should be ipso facto infamous : which decree the emp. rodolph desired might be abolished , as being a disparagement to that family , yet prevailed not . after which this king managed all things concerning warre , peace , and the government of the realm , by advice of his parliament , as chytraeus at large relates ; and his successors to this present have done the like , taking the crown upon such conditions , and making such conditionall oathes at their coronations , as steven did at his . denmarke . for the kings of denmarke , i have formerly proved , that they can make no war , peace , lawes , nor lay any impositions on their subjects , but by common consent of the estates in parliament ; their kings being elective by the people , and crowned kings upon such conditions , oaths , articles , as their states , ( in whom the soveraign power resides , ) shall prescribe unto them ; who as bodin clearly determines , have a lawfull power to question , censure , and depose them for their tyrannie and misgovernment , they having no greater authority then the kings of bohemia or poland . to run over the histories of all their ill kings would be overtedious , for which you may peruse saxogrammaticus & others ; i shall give you a brief how some of their later kings have been handled by their subjects for their tyranny and misgovernment . not to mention the murthers of canutus in iutland in the very church , or of magnus or nicholas , slain by their subjects ; king humblus was deprived of his crown : and king harold deposed by his subjects for his insolency . suano waxing proud , tyrannous and oppressive to his people , became so odious to them , that his nobles adjoyned canutus and waldemar to him in the royall government , and divided the kingdom between them ; who thereupon being much displeased , slew canutus and wounded waldemar , being impatient of any peers in government ; for which being soon after vaquished by waldemar , hee was beheaded by the people . able slaying and beheading his brother king ericus , and usurping his crown , the people rose up in arms against him , took him prisoner , and the peasants in frisia slew him . king christopher spo●ling waldemar of his dukedorn of schleswick , thereupon the earles of holsatia rose up in arm●● against him , took him prisoner , and detained him so at hamburgh , till he paid a great ransome for his libertie . king ericus was slain by his own servants , anno . king waldemar was expelled the realme by his subjects , and afterwards restored upon his friends mediation ; who not long after denying merchants their ancient liberties in the realme , the maritine cities conspiring against him , entred denmark with a great army , expelled him the realme , tooke his castell of coppenhagen , and had the land of scania assigned to them for . years , by the nobles , in recompence of their damages sustained . ericus seeing his subjects ●very where rise up in arms against him , sayled into poland , an. . and deserted ●is kingdom and soveraignty , the people denying him libertie to name a successor , and electing christopher duke of 〈◊〉 for their king . after whom , they elected 〈◊〉 the first king , against whom the sweeds rebelling for want of 〈◊〉 of justice , and the oppression of his officers , vanquished christiern 〈◊〉 and 〈◊〉 up a new king of their own , named charles , who an. . abandoned the royalty ; the swedes after that would neither create any new king , nor obey christierne , nor yet king iohn who succeeded him , whose queen they took and detained prisoner two years , and maintained warre against him . christierne the second , king of denmarke , was thrust out of his kingdome for his tyrannie , and breach of his subjects priviledges : which he endeavouring to regain , was taken prisoner by his vncle frederick duke of scleswick and holstein , and committed prisoner to sunderburge in holsatia , where hee dyed in chains : frederick was elected king in his place , ( upon certain articles and conditions which he was sworn unto before his coronation ) in a generall assembly of the states held at hafnia , an. . in and by which assembly christierne was solemnly deposed , and a declaration made , printed and published in the name of all the states of denmark , wherein they expresse the cause why they renounced their faith and obedience to christierne , sworn unto him upon certain conditions which he had broken , and elected frederick : which declaration because it is not common perchance to every ordinary shollar , and contains many things touching the frame and liberty of the kingdom of denmarke , the articles to which the kings do usuall swear at their coronations , and the tyrannnies of christierne , for which he was deprived . i shall here insert , as i finde it recorded in david chytraeus . omnibus christianis regnis , principatibus , regionibus & populis , notum est , in orbe christiano , celebre regnum daniae situm esse , quod non secus ac caetera regna , plurimis jam seculis , regia sua praeeminentia , dignitate , ornamentis & libertate praeditum fuerit , & adhuc sit ; ita quidem ut regnum daniae , ejusque legitimè electi reges nullum unquam superiorem magistratum aut dominum agnoverint . omnibus quoque temporibus , archiepiscopis , episcopis , dynastis , praelatis & nobilitati liberrimum fuit , regem , & dominum aliquem suo judicio & arbitrio designare , & in communem regni & patriae consolationem & salutem eligere , cujus gubernatione , exemplo , & ductu regnum supradictum , christianis statutis & ordinationibus , secundum leges suas scriptas & antiquas consuetudines vigere , miseri & oppressi subditisublevari , viduae & pupilli defendi possent . qui quidem rex semper hactenus a prima electione convenienti juramento & obligatione se huic regno devincire coactusest . etiamsi igitur nobis omnibus regni hujus ordinibus & consiliariis licuisset post obitum potentissimi regis quondam daniae iohannis laudatae memoriae projure nostro , secundum antiquam , & multis seculis continuatam regni danici libertatem , regem aliquempro arbitrio nostro designare & eligere : tamen virtute , justicia , magnanimitate , bonitate & beneficientia , eorum daniae regum , qui ex holsatorum prosapia originem duxerant , moti ; & bona spe freti for● utrex christiernus è vestigus regiis avisui regis christierni , & r. iohannis patris sui non excederet : sed potius ad eorum similitudinem & exemplum , gubernationem suam in●●itueret : supra-dictum r. christiernum , ii. vivo adhuc patre iohanne in regem & dominum totius daniae designavimus & elegimus . quo quidem ipso tempore celfitudo ipsius solemni iuramento ▪ verbis conceptis , & deo sanctisque testibus citatis , praestito , archiepis . episcopis , dynastis , praelatis , equitibus , civitatibus & populo regni danici se devinxit & obligavit , cujus juramenti inter alia haec quoque capita expressa fuerunt : debemus ante omnia deum diligere & colere , & sanctam ecclesiam defendere & amplificare . omnia episcoporum , praelatorum & ministrorum status ecclesiastici privilegia , à s. ecclesia & regibus christianis ipsis concessa , inviolat● conservare . archi●piscopos quoque , l●ndensem et 〈◊〉 ni●rofiensem , et praeterea episcopos , praelatos , equites auratos , & alios ordinis equestris , regni proceres & consiliarios , convenienti observantia & honore , pro cujusque conditione & statu prosequi● si qua nobis controversia sit ●um archiepiscopis , episcopis , aut praelatis s. ecclesiae , eorumque ministris , in locis convenientibus , nimirum coram senatu regni , cognosci & transigi oportebit . si qua nobis ipsis , aut praefectis nostris , controversia , ●ùm aliquo ex nobilitate , sive is senator regnisit , sive non , incidet ; eum coram universo regni senatu , hoc nomine compellare debemus , sive ea controversia sit defundis , sive de aliis quibuscunque bonis aut negotiis . et sicuti tenemur unumquemque juvare , ut jus suum consequatur ; ita nos ipsi quoque obnox●i esse debemus , unicuique coram senatu regni nos accusanti comparere , & ad ipsius postulata usitato iudicio●um more respondere , & quicquid a senatu regni super ea re decre●um & pronunciatum fuerit , idipsum exequi , neque hujusmodi legitimas accusationes aut postulationes iuclementi animo fe●re . debemus etiam sine ullo praejudicio , gratia , aut muneribus , ex aequo , tam pauperi quàm diviti , tam hospiti quàm indigenae , jus dicere & administrare . nullum etiam bellum incipere , aut externum militem in regnum introducere debemus , commnni senatu regni non praesciente & consentiente . literis quoque & diplomatis vel nostro , vel etiam patris nostri regis iohannis signo confirmatis , plenam & inviolatam fidem & authoritatem relinquere , ejusque aes alienum , quod liquidum est , dissolvere deb●mus . moneta quoque , quam cusurisumus , proba & sufficiens esse debet , ita , ut dua marcae aequivalentes sint uni aureo rhenano . item , nos christiernus & obligamus nos , quod omnes & singulos articulos , in quos jurandum nobis est , incolis regnorum daniae & norwegiae , constanter reipsa praestare velimus . sicutietiam ex adverso subditi obligati esse debent ad suum homagium , & auxilia militaria inviolata servanda & praestanda . si vero ( quod deus avertat ) contra istos articulos agendo delinqueremus , & senatorum regni admonitionibus nullo modo locum dare institueremus : tum omnes regni incolae , ratione honoris & juramenti sui , conjuctis viribus , fideliter in hoc incumbere debent , ut hoc avertant . id faciendo , contra sua juramenta , obligatione● , homagia , quo abstricti nobis sunt , nequaquam fecisse censeri debebunt . hujus generis plures alii articuli juramento inserti fuerant , qui hoc loco brevitatis gratia praetermittuntur . vt etiam regia ipsius dignitas , post juratos hosce articulos vehementius & ardentius ad virtutes regias , & christianarum sanctionum hujus regni conservationem incitaretur & inflammaretur , ●ommodas rationes & vias inivimus , tandemque perfecimus , ut illustrissima princeps d. elizabetha , ex hispaniarum regum & archiducum austriae illustrissima prosapia oriunda , matrimonio ipsi conj●ngeretur . sperabamus enim dignitat●m ipsius regiam , admonitionibus nobilissimae & excellentis virtute , & summa orbis christiani regum familia ortae reginae , & praeterea consideratis tantis & tam eximijs ac sublimibus tot regum ac imperatorum affinitatibus , motum iri , ut omnibus christianis & regijs virtutibus , eum clementia & bonitate conjunctis , in tota gubernatione ●ua●o diligentius incumberet . verùm , statim post coronam acceptam , regia illius majestas animi acerbitatem , tyrannidem , rapinas , immanitatem crudelem & sanguinariam , declaravit ( quod tamen non injuria ipsum afficiendi animo , sed extrema ▪ necessitate , ad defensionem honoris nostri compulsi , scribere & divulgare volumus , de quo ips● palàm protestamur ) imprimis autem amoris & fidei conjugalis nobilssimae & omni virtute praestanti reginae prastitae , oblitus est . quaedam enim turpis , infamis & peregrina vetula , syburgis , omni pud●re & virtute destituta , & ad omnem impuritatem projecta , propriam suam filiam , regi prostituit . quam reginae conjugi suae nobilissimae , status conditione , dignitate & gubernatione rex praetulit , e●que prae omnibus regni consiliariis summam imperii in dania commisit , ex cujus perversa administratione & mandatis , multae caedes , homicidiā & injustae in causis tam capitalibus quàm civilibus condemnationes extiterunt : et quamvis regina ( quam semper pro regina & dominatrice nostra deinceps quoque , agnoscere & habere cupimus ) ab honestiss . matrona , a●na holgeria , gynecei sui praefecta , moneretur , ut dominum & maritum suum amicè hortaretur , ut à vita illa flagitiosa , quae christianum conjugem , & imprimis regiam dignitatem , nequaquam deceret , desisteret : tamen , quam primùm hoc rex & anus illa resciverunt statim illa , propter christianam admonitionem innocens ab officio suo remota , & miserabiliter regno expulsa , et omnibus fortunis suis spoliata est . eodem modo tobernum ochsitum , de veneno , filiae syburgis propinando , falsò à se insimulatum innocentemque deprehensum , et à senatu quoque regni eo nomine absolutum , in ignominiam et contumeliam germanicae nobilitatis , tantùm mendacibus turpissimae illius mulieris , sermonibus fidem habens , capite truncarijussit . quamvis etiam r. ipsius majestas ingens et publicum bellum , contra datam fidem , nobis , nobis inconsultis et inscijs , contra suecos excitavit : tamen ut animum nostrum fidelem , et regiam ipsius personam et nomen extollendi , imperium amplificandi , et exteras nationes et regna subjugandicupidum , posset deprehendere : nos omnes nostra corpora , fortunas , regiones et subditos , in magna pericula conjecimus : quod bellum septennale , contra potentissimum regnum sueciae gessimus : et tandem cum effusione sanguinis nostri , et extrema ferè cum pernicie floris nobilitatis danicae , auxilio dei omnipotentis , contra regnum jam dictum , victoriam obtinuimus , et regiae ipsius majestati regnum subjicimus . vt autem regnum sueviae in perpetua fide et obedientia regiae ipsius majestatis maneret in ipsa coronatione suecus verbis conceptis , deoque et sanctis testibus citatis , juravit , se ipsis antiqua sua jura , immunitates , et privilegia incolumia relicturum , et omnium quae in bello exorta sint offensionum , et inimicitiarum memoriam , sempternaoblivione aboliturum esse . cumque ne ●um quidem satis regiae ipsius m●i fiderent sueci , necesse fuit nonullis ex episcopis , praelatis , et nobilibus danicis , pro rege fidem suam interponere , eamque diplomatibus eo nomine confertis et obsignatis , confirmare . quae quidem ipsa in red●esse illi noluimus . etiamsi autem regna et populi armis subjugati , tatummod● jure et justicia in officio cotineantur : tamen rex hoc ipso non satis benè con●iderato , et maximis gravissimisque juramentis posthabitis , tridu● post coronatinem suecicam , episcopos , praelatos , nobilitatem , una cum consulibus et aliis praefectis ( tanquam ad convivium regium & solennem de impetrata à deo victoria gratulationem ) invitavit , qui etiam fide & invitatione regia ill●cti , unà cum amicis , uxoribus & liberis suis , reverenter compar●erunt . s●d tam amicè invitati , admodum ●ostiliter excepti sunt , ipsor●●que plausus in m●●sticiam commutatus est . ex livore enim tyra●●ico ipsis imputat●m est , quod pulvere tor●●ntario arce● ips●●s regiam passim conspersissent , us ita incendi● 〈◊〉 medi● tollerent . cum tamen certissimis i●diciis compert●m sit , illud à r●g● ips● , 〈…〉 praeterea sexaginta● equites aurati & viri nobiles , aliqui etiam consules , senatores , & cives uno die , sine ullo judicio , ex mera tyrannide , contra datam fidem , decollati sunt . quorum etiam cadavera , vestibus nudata , cum in tertium usque diem in foro stokhelmensi , miserabili alijs spestaculo fuissent , tandem igne comburi jussit ; ac etiamsi illi adhuc vivi more christiano confessiones suas edendi cupidi essent , tamen hoc îpsis animo prorsus male●olo denegatum est . eodem modo reverendum & religiosum d. abbatem nyddalensem & quinque fratres , quitum in honorem dei missas celebrarant , die purificationis mariae , sine ull● judicio , aquis suffocari curavit , nullam aliam ob causam , quam quod durante adhuc bello , una cum aliis se regiopposuissent . sex praeterea ex nobilitate suecica qui communis inter daniam & sueciam pacificationis nomine , fide publica & regia , & quidem vocati antea venerant , sibi-ipsi●bsides constituit , eosque in durissima vincula conjectos , tamdiu apud se detinuit , donec regnum sueciae sibi subjecisset . multos quoque nobiles , inter quos nonnulliex familia ribbingia fuere● , una cum duobus pueris adhuc teneris , qui fide & clementia ipsius freti , istuc venerant , capite plesti : sicuti etiam tonnum erici filium , & henrichum stichum , unà cum multis alijs nobilibus in finlandia , sine ullo judicio decollari jussit . episcopo finlandiae domum & possessiones suas per violentiam ademit , ita quidem , ut ille sibi consulens , paulò p●st tempestate in mari exorta naufragio miserabiliter perierit . brevitatis causamulta alia prava & tyrannica facinora , in regno sueciae contra deum & omnem aequitatem ab ipso perpetrata , hîc praetermittimus . quocirca episcopi , dynastae , praelati , nobilitas , civitates & reliqui regni suecici incolae , qui cr●deles , impuras & sanguinolentas ipsius manus , vita sua inc●lumi effugerant , contra eum insurrexerunt , satius et honestius esse rati , potius in acie pro salute patriae , quam domisordis & turpissimis suppliciis innocentes exarnificatum , mori . atque ita ( nostro quidem judicio non immeritò ) sumptis armis & palàm bello contra regem suscepto tyrannicum illius jugum excutere instituerunt . etiamsi igitur nos periculo corporum & fortunarum nostrarum , ipsi , post auxilium divinum in regno sueciae subjugando adjumento fuerimus : tamen non nostra sed sua ipsius culpa iterum eodem regno excidit . quocirca denuo ab eo interpellati , ut sueci nostro auxilio ad priorem obedientiam adigerentur ; ne id quidem ( quamvis nullo jure aut lege teneremur ) facere recusavimus , ut vel hoc modo fidelis animus & voluntas nostra , à rege perspiceretur , quando quidem ferè supra quam vires nostrae ferrent ( cùm jam antea nostros equos , arma , naves , aurum , argentum , clinodia & insuper nostros amicos , affines & propinquos in suecia reliquissemus , ) denuo terra marique magnis impenfis militem & naves armare & instruere : propria corpora nostra , possessiones , pecuniam & facultates omnes impendere : & una cum ipso totam belli molem , in tertium usque annum sustinere non detrectaremus . idque optima spefreti , futurum ut fidelia h●c nostra servitia , tandem aliquando à regia ipsius dignitate cum clementia agnoscere●tur . ver●● his omnibus non consideratis , ille interea episcopos , praelatos , ecclesias , coe●●bi● hospitalia , sacerdotes , matronas , virgines , nobilitatem , cives , viatores , neg●●i●t●res , & mis●ros d●nique rusti●os , immod●ratis & in●●ditis exactionibus , vestigal●b●● & 〈…〉 . 〈…〉 & argento , exactionibus extorsit , ad se translatam adhuc retinet . monetam verò nullius momenti cupream , ex ahenis cerevisiaris usu detritis cusam in regnum intrusit , quam aequo cum argenteis & aureis monetis precio , à milite ipsius acceptare , & ut in toto regno usurparetur & valeret , coacti sumus tolerare . cum tamen illa in finitimis regnis , nationibus & civitatibus nullius valoris esset , res nostra familiaris , cum omnibus commerciis jacerent : regnum hoc nostrum antiquum cum suis incolis omnibus suis nervis & viribus pl●nè exhauriretur , & ad extremam egestatem & inopiam conniiceretur . et quamvis haec quoque omnia , ut bello suscepto optatus tandem fin●s imponi posset , submisse tol●raverimus : tamen ne haec quidem ratione quidquam apud r●gem proficere potuimus , cùm ille palàm hominibus fide dignis audientibus diceret , se & corporibus & fortunis imminutos ita nos debilitaturum , ut passim omnibus contumeliae & ludibrio essemus . cujus sui propositi statim etiam exemplum reipsa nobis exhibuit . archiepiscopum enim lundensem d. georgium schotburgum , quem secretarium quondam suum hac spe ad dignitatis illius fastigium rex evexerat , ut quaedam archiepiscopatus illius praedia ad se transferre posset ; cùm regis cupiditati postea non gratificaretur , quod diceret , juramento se illi ecclesiae praestito , quod violari à se minimè deceret , prohiberi seque potius turpissimam mortem obire , aut vitae monasticae etiam durissimae in reliquum vitae tempus mancipare se valle , quàm in perjurii suspicionem vel minimam se conjicere . cùm igitur aliquot poenarum , quae innocenti irrogabantur , optio illi concederetur ; ad vitam tandem monasticam à rege compulsus est . quo facto , statim praelatos & canonicos ecclesiae lundensis per literas ad se accersivit , cumque illi praestita obedientia compar●issent : jussit eos contra fidem regiam , in infamem & foetentem carcerem compingi , iisdemque paulò post insulam borneholman , ecclesiae illi lundensi subjectam & propriam , cum omnibus arcibus , oppidis & vicis , nullius excusationis ratione habita , vi metuque coactis , ademit . reverendissimus quoque iohannes episcopus fyoniae , cùm literis regiis ad juridicam vocatus comparuisset ; eodem modo miserabiliter , & praeter omnem culpam captus , & in carcerem conjectus est , & omni collegii illius ecclesiae bona petulanter ad se transtulit . nemo etiam velex senatoribus regni , vel aliis daniae incolis sine corporis & vitae suae peri●ulo ipsum convenire : aut si quis omnino fortunam suam haec in parte periclitari institueret ; nequaquam id , nisi prius peccata sua sacerdoti confessus esset , & ad mortem se praeparasset , tentare ausus est , cùm saepenumero in eas angustias coactos nonnullos constaret , ut ne confitendi quidem specium illis concederetur . ex quo ipso hoc quoque consecutum est , ut regno huic , & communi patriae nostrae , consilio & consolatione nostra auxilio esse non possemus . eodem praepositum rotschildensem , & d. nicolaum erici , multosque alios praelatos & viros ecclesiasticos , qui patri & matri ipsius laudatae memoriae fideliter inservierant , absque ulla misericordia , bonis suis spoliavit . politico quoque & equestriordini , reliquisque regni i●quilinis nequaquam pepercit . mandato enim ipsius , vir strenuus & nobilis magnus tamassenus , qui toto vitae suae tempore , ab omnibus habitus est homo integer & probus , & quem nemo unquam quidpiam , quod honestum & nobilem virum non deceret , gerere aut facere animadvertit ; quique etiam in fide christiana piè mortuus erat , hic inquam tamassenus , ex terra iterum effossus est ipsius que cadaver , in foro arhusiano , in singulare daniae nobilitatis ludibrium & contumeliam , suspensum est . & insuper rex omnia illius , vid●aeque ipsius relictae , bona , cum omni auro , argento , & clinodiis , sine ulla postulatione judiciali , ad se & in suam potestatem redegit . strenuo quoque d. iuggoni krabbio , equiti aurato & marescalco , qui ipsi longo tempore in dania , norwegia , & suecia horestè & fideliter , etiam cum effusione sanguinis , & bonorum suorum jactura in servierat , unum ex pagis suis vischbecum novum unà cum multis ad eum pertinentibus fundis & bonis , apertavi , & contra religionem jurisjurandi , ademit , & sibi vindicavit , cùm interea ille multis modis ad legitimam causae cognitionem , sed tamen frustra , provocaverat . cùm ex ministris ipsius aulicis nicolaus daa , quodam vesperi in caupona & symposio sedens , hospiti ex fenestrarhombos aliquot vitreos fortuitò excussisset ; & temen e● nomine statim sequenti die hospiti pro tantillo damno abundè satisfecisset : nihilominus tamen , ob causam tam nihili , pater ipsius in arcem hafniensem violenter abductus , & tamdiu captivus est detentus , donec praefectus regius missis in domum ejus satellitibns , omnes ipsius cistas aperuisset , omne aurum & argentum inde exemisset , & ad quatuor mar●arum danicarum millia vi metuque illi extorsisset . quin etiam contra juramentum & dotam fidem , schlos gelauben ius electionis , quod antea senatus regni proprium erat , post mortem ad sùos haeredes transtulit , quo ips● antiquum nostrum & liberum regnum , haereditariae oppressioni subjicitur , & nos libera nostra electione spoliati sumus . quid , quod à quolibet , etiam paup●rrimo hujus regni incolà , binos in singulos annos florenos , in perpetuum deinceps numerandos , ausus est exigere , cum tamen multi ex ijs , vix binos solidos suis dominis quotannis exsolvere possent . nec tantum danicae nobilitatis excidio , animusipsius sangainarius satiari non potuit , sed in germanos etiam nobiles ingratitudinem effunderet . honestum enim virum stephanum weberstedium , in turingia loco equestri natum , qui longo tempore , sicuti ministrum fidelem & nobilem decet , pro supremo capitaneo peditum danorum contra suecos ipsi inservierat , & qui praeclara fortitudinis suae specimina , cum hoste usque ad sanguinis effusionem dimicans , ediderat , cui etiam hoc nomine praefecturam olandensem datis literis concesserat . hunc inquam stephanum , cum diutius praefectura illa carere nollet , ex asylo coenobij sp. s. ab ipsius avo fundati abreptum , decollari jussit , hoc praetextu , quod in domo publica militicuidam vulnus inflixisset , cum quo tamen ille , amica transactione interueniente , jampridem in gratiam redierat . eodem modo cum conjugis suae regiae cubulario maximiliano egit , qui reginam in regnum daniae advenientem comitatus juerat : eum enim cum regina ad casaream majestatem , & dominam margaretam , ablegasset , rex antequam dania excessisset , exitinere retrahi , & capitali supplicio affici jussit . adha●c cum fortissimus ipsius capitaneus n. von hederstorff , nomine praesidiariorum stokholmensium , honestos aliquot milites , pro stipendio suo , & quibusdam alijs conficiendis , haffniam misisset ; praefectus haffniensis eo exceptos abrumstropum deduxit , quasi regem ibidem inventuri essent . eò autem cum venisset , loci praefectus ▪ eos carceri mancipatos , paulò post sine ullo judicio , unà cùm puero quopiam trucidari jussit . suum quoque germanicum secretarium stephanum hopsensteinerum , cujus opera in gravissimi● negociis apud caesaream maject . electores & principes imperij romani , usus fuerat , ad impudentissimae mulieris syburgis mendacem delationem , inclementer perfecutus , ipsius vitae & bonis insidiatus est . qui tamen evidentissimo dei omnipotentis auxilio , manus ipsius cruentas ex dania ●vasit , & in caesaream urbem lubecam confugit , ubi nihil ominus à ministro regio , ejus v●stigia insequente , accusatus , & in custodia aliquandiu detentus fuit , donec tandem causa probè cognita , ab injusta ejus accusatione & insimulatione , per sententiam absolutus est . praetereà multas quoque exteras nationes , hollandos , brabantos , flandros , lubecenses , cum omnibus civitatibus maritimis , contra data privilegia , & regia diplomata , pecuniis suis emunxit , & quotiescunque illi negociorum suorum causa in hoc regnum appulerunt , statim navibus & mercibus suis spoliati sunt . et quamvis norvvegiae quoque regnum semper , ipsi fideliter fuerit subjectum , & pro viribus omnia sua officia & auxilia praestiterit , et ejusque omnibus edictis & interdictis cum obsequio paruerit : tamen neq deo consecrati episcopi , neque nobilitas , neque populus illius inclementem & immis●ricordem animum effugere potuit . episcopus enim camerensis , licet innocens , in crudeli admodum carcere captivus est detentus , ita quidem , ut ex foetido & impuro aëre , curis diuturnaque sessione , omnibus suis viribus consumptis , tandem carcere liberatus , mox diem suum obierit . reverendissimus quoque episcopus ansloënsis , andreas eo compulsus est , ut alteri suum episcopatum cederet : quod si facere recusaret , submersionem illi minabatur . reverendissimum quoque archiepiscopum nidrosiensem ab ecclesia sua archiepiscopali in exilium expulit , qui postea romam ad papam confugiens , ibidem in magna inopia & miseria mortuus est . nobilitati quoque ejus regni nequaquam pepercit , strenuum enim & praestantissimum equitem auratum , canutum , canuti ficto & mentito quodam praetextu , in carcerem redegit . cumque ille in jus provocaretur , & causa in senatu regni cognita & disceptata absolutus esset : tamen jure suo , à deo & aequitate sibi concesso , uti non potuit , cum paulò post miserimè decollaretur , & omnia ejus bona , contra omne jus à rege abriperentur . etiamsi verò multò plura ipsius impia & tyrannica facinora , & inprimis cum honestis matronis & virginibus , viduis & orphanis passim in dania , suecia , norvvegia perpetrata , indicare possemus : tamen illa ipsa , respectu nominis & dignitatis regiae habito , hoc quidem tempore , in nostra hac querela commemorare non volumus . semper equidem speraveramus futurum , ut crebris , fidelibus & submissis admonitionibus adductus , sese emendaret , & ab hujusmodi minimè regiis aut christianis , sed potius tyrannicis inceptis , facinoribus , expilationibus , vectigalibus , exactionibus , aliisque crudelibus institutis desisteret : sed tamen admonitiones hae nostrae planè infructuosae aures regias personuerunt : nostrae sententiae & consilia planè sunt repudiata , nulli ex sena●● regni locus apud regemfuit relictus , imò homines planè contempti & ad nullamrem idonei habiti & reputatisumus . atque ita ille in priori sua tyrannide , seipsum induravit . et ut omnino crudeli suo erga nos animo & voluntati satisfieret , milites peregrinos magno numero , tam pedites quam aequites , contra praestitum juramentum , quod ex superioribus articulis patet , in regnum induxit , & majoribus adhuc qu●m antehac factum est , oneribus & exactionibus nos gravare instituit . cum autem idnon injuria nobis grave esset , hoc tentat●m est , ut nos una cum miseris rusticis , ( qui tamen ipsi tempore belli septennalis penè omnem substantiam nostram impenderamus ) vi ad illas praestandas adigeret . quocirca missis literis tanquam ad juredicam ahusium nos evocavit , eo consilio , ut nos vi militis externi ( si modò is ad tam impium facinus à rege perduci potuisset ) adoriretur , & pro libitu suo imperata facere cogeret . compertum etiam nobis est , regem ad diem praestitutam duorum immanium carnificum , more suorum satelli●um ( ne scilicet res innotesceret ) vestitorum operam conduxisse , in ●um finem , si intolerabilibus ipsius edictis & voluntati non assentiremus , ut tum in corpora & fortunas nostras impetum faceret , & forte non al●ud quàm in suecia , dynastis , episcopis , praelatis , nobilitati & civitatibus factum est , covivium nobis adornaret . quapropter justissimo ( qui etiam in fortissimos viros cadere potest ) metu compulsi sumus , ut de tantis malis à nobis avertendis cogitationem aliquam susciperemus , atque ita nostra corpora , vitam & possessiones ( quod jure naturae facere tenemur ) def●nderemus . compulsi igitur sumus , ut nostra juramenta , homagia & auxilia militaria per literas illi renunciaremus , id quod , etiam reipsa à nobis jam factam est , cum plane confideremus , neminem fore , qui impiis tyrannicis ipsius delictis consideratis , vitio hoc vertere nobis posset . nos enim status & consiliarios regni danici , coram deo & hominibus obligatos agnoscimus , ut communi patriae , in extremis his●e periculis & angustiis , consolationem aliquam offera●nus . siquidem miserorum ejus regni inquilinorum aeterna , ratione corporum & bonorum , pernicies , matronarumque & virginum dedecus & contumelia potissimum ab eo quaeritur , à quo illa omnia meritò averti à nobis debebant . neque ignotum est , propter similia , aut saepè etiam leviora quàm nos ( proh dolor ) perpessi sumus facinora tyrannica , saepenumero caesares romanos , reges vngariae , bahemiae , angliae , & scotiae , ex suis imperiis & regnis dejectos , nonnullos principes ex ditionibus suis haereditariis expulsos esse , sicuti id tam ex veteribus historiis , quàm ●x nostrae aetatis exemplis satis certo nobis innotuit . et nisi gravissimis hisce , quae hactenus commemoravimus , oneribus impelleremur , pigeret & taederet nos , talem aliquam cogitati●nem in nostrum animum inducere , multo minus reipsae eam exequ● , sed potius sicuti patri & avo ipsius , ita ipsi quoque libenter addicti fuissemus . etiamsi verò ab electione externi alicujus & christiani regis aut domi●i cujus potentia & defensione regnum nostrum gubernaretur non plane fuimus alieni : tamen confiderato diuturno & christiano regimine , regiis virtutibus , clementia , bonitate & justitia , quibus & illustriss , princeps & dominus , d. fridericus , verus haeres norwegiae , dux sleswici , helsatiae , stormariae , & dietmarsiae , comes oldenburgi & delmenhorsti , erga subditos suos statim à gubernationis suis exordio pie & laudabiliter usus est : eum potissimum unanimi consensu regem & dominum nostrum supra totam dani●m elegimus , eum nimirum cogitaremus , cum ex inclyta regum daniae prosapia originem ducere , & praeterea regis filium natum esse , aetque ita jure prae omnibus aliis principibus hunc honorem ipsi , praesertim cum patrimonium quoque ex regno paterno suae colsitudini debitum , ne nunc q●il●m accepisset , deberi . rogamus igitur unumquemque , cujuscunque conditionis aut ordinis sit , si for●è supr dictus rex christiernus , aut alius quispiam nomine ipsius , vel scriptis vel alio modo , nos insimulet , quod contra datam fidem & juramanta hac in partè egerimus , ut illi , antequam vlteriorem nostram defensionem audiat , fidem non habeat , sed potius nostras hasce difficultates , corporis & vitae pericula , impias viduariem & pupillarum ● ppressiones , matronarum & virginum violationes , cum clementi , christiana ; benevola & humana commiseratione cognoscat ▪ & nos ( qui honorem & existimationem nostram , u● pios nobiles dece● , erga regem illaesam ad huc conservavimus ) excusato● habeat . s●mulque aliis quaque omnibus & singulis , ob causas jam suprà dictas , & alias complures ( quas adhuc in honorem nominis regiiusque ad ulteriores nostras apologias reticemus ) benignè nos excuset . si etiam rex coram legitimo aliquo judice nos accusandos esse c●●suerit hoc ipso scripto nos ad legitimam & justam causae hujus cognitionem & decisionem offerimus ; pollicem●r etiam nos iis , quae hoc modo jure decernentur & sancientur , prompto animo parituros esse . nequs dubitamus , si vel sanctitas pontificia , vel rom. caesarea majestas , & iudicium camerae , vel alii quoque christiani reges , electores , principes , comites , barones & nobiles , vel inclytae & liberae imperii civitates petitionis hujus nostrae aequitatem , & ipsius impiam & tyrannicam nostri oppressionem cognoverint , quin factum hoc nostrum , ad quod extrema necessitas nos compulit , nequaquam ●int improbaturi . pro quo ipso singulis , proratione ordinis & conditionis suae , nostra studia , officia , & gratitudlnem , omni tempore praestandam , deferimus & pollicemur . swethland . not to mention the kings and kingdom of norway , long since incorporated into denmarke , whose lives and catalogue you may reade in munster , ioannis magnus , crantzius , and others : in which realme not one king anciently died of age or diseases in above one hundred yeers , but of violent deaths ; there being this custom , that whosoever slew a tyrant king , was thereby made a king. the kings of swethland have alwayes been elected upon certaine conditions , and subordinate to the power and censures of their whole states and parliament , in such sort as the kings of hungary , bohemia , poland , and denmarke have beene ; and oft times this kingdome hath beene annexed to the realme of denmarke , and subject to the danish kings , as they saw occasion : the names and lives of the swedish kings before and since their conversion to christianity , you may reade at large in munster , ioannis magnus , crantzius , olaus magnus , and others : i shall give you a taste onely of some of them out of those authors . halsten , and animander his successor were thrust out of their thrones and realms by their subjects . after whose death , the swedes elected one king of their owne nation , the gothes another , not enduring a forraign prince to reigne over them . king bugerius slaying his brother ericus , who had imprisoned him at a banquet , his nobles de●esting this his treacherous act , rose up in armes against him , expelled him the realme , and beheaded his queen and magnus his son , electing magnus the son of ericus for their king. magnus the seventh , betrothed his son aquin to a kinswoman of the earle of holstain upon this condition , that unlesse aquin should receive her a virgin , all the nobles of the realme should be freed from their oath of allegeance to him . the virgin sailing into swethland , was taken prisoner by waldamer king of denmarke , who betrothed his daughter margaret to aquin : where●pon the nobles of sweden denied to yeeld any more obedience to their king , deserted magnus and chose albert king : magnus seeking to regaine his realme , was defeated in battell and died in exile . queen margaret taking albert prisoner , and conquering sweden , left it and two kingdoms more to ericus her adopted son . but the swedes weary of a forraigne yoke , by the helpe of engelbert , denied subjection to him , and waged warre so long with him , that he was forced to place swedes in all the castles by agreement , and to receive onely halfe the revenues of the realme in his absence , and at last ( tired out with the wars ) deserted both crowne and kingdome . after this the swedes elected charles for their king , who after seven yeers reigne , perceiving that he grew grievous and displeasing to the states of sweden , taking his owne private goods onely with him , and leaving the treasure of the realm in a safe place , left the kingdome . whereupon they elected christierne the first , the king of denmarke and norway , for their king ; against whom they took up armes , because he had broken that paction prescribed to him when he tooke the crowne ; whereupon anno . christierne came with a great power to subdue the swedes , but he was easily conquered , repulsed thence twice one after another by the swedes united forces : who elected them a governour whom they called a marshall , which had power to call generall assemblies of the states , and execute the kings office , and might have beene elected king upon such conditions as the states propounded , which he re●used to submit to . king iohn thinking to subdue the swedes after christiernes death , was repulsed by them , and his queen taken prisoner . his sonne christierne the second , king of denmarke , by the treachery of gustavus archbishop of vpsalis , after many encounters , upon promise to continue their laws , liberties , and priviledges inviolably , and to remit all offences past by a solemne oath , was elected by the swedes for their king : who swearing these articles and confirming them by his charter , was upon this admitted into the towne and castle of holm● ; where feasting all the nobles and principall men of swethland two dayes together , suspecting no treachery , he suddenly apprehends them , imprisons , murthers all the nobles , gentry , citizens , commons , yea bishops and monkes , with extraordinary cruelty , spoils their wives and orphans of all their goods , and exerciseth more then barbarous tyranny over them ; which gustavus erichson , a noble swede then in denmarke hearing of , escapes thence privily , and comes into swethland ●i●g●ised , raiseth an army to revenge this butchery , delivers his country from this tyrant , and for 〈◊〉 noble service was by their unanimous vote elected and crowned 〈…〉 of sweden in his stead ; the swedes in a publike declaration manifesting then expulsion and deprivation of christierne for his treachery and tyranny to be just and lawfull . ericus the seventeenth king of sweden , imprisoning his brother , murdering his faithfull counsellours , warring upon his subjects , playing the tyrant , and matching himselfe unworthily to a woman of meane condition , was for these his misdemeanors taken prisoner , with his queene , deposed , and his brother made king in his stead , anno . and sigismund king of sweden , taking upon him the crowne of poland , after fourteen yeers reigne , was deposed and d●spossessed of his kingdom anno . and charles his uncle made king in his stead . assyria , cyprus , lombardy , naples , venice . i could now acquaint you with many such like passages and stories in the kingdomes of assyria ; as how effeminate sardanapalus , for his vices and mis●government was deprived by his subjects , burned in his palace , and arbactus made king in his stead . in the kingdom of cyprus , where king peter murthering his brother and those of geneva , was soon after taken prisoner and made a tributary prince . king iohn governed by helena his wife , and she by his nurse , which made the people weary of the government , had a regent by consent of the nobles ( iohn of portugall , whom they married to his daughter carlota ) set over him and the realm and all the royall power soon after put into his hands , who being soon poysoned by helena , lewes sonne to the duke of savoy was sent for the crowned king by generall assent , and iohn and iames his sons put by . clephus the second king of lombardy was so cruell , that after his death they would have no more kings , but chose thirty dukes to governe them , who continued this government eleven yeeres . desiderius the last king of lombardy was taken prisoner with all his children in pavia by charles the great , and so that kingdome ceased , anno . tancred the fourth king of naples was deposed by pope celestine the third ▪ with his peoples consent . momfrey a bastard , poysoning conrade the seventh king of naples , and usurping the crown , was deposed by charles earle of aniou , who enjoyed the crowne till aragon seased on the realme . ione queene of naples married andrew second sonne to charles king of hungary , whom she hanged at her window for insufficiency ; after marrying iames of tarragon , she beheaded him for lying with another woman , and was at last driven out of her kingdome by lewes of hungary , and hanged at the same window where she hanged her first husband . peter duke of venice was for his tyranny and misgovernment besieged in his palace by the people , which they fired , and then taking him his wife and sonne , dragged them unto the butchery , where they chopped them in pieces , and threw him to the dogs to be devoured , notwithstanding all their submissions and intreaties on their knees , anno . so duke falier , and many othe dukes , have beene condemned to death and executed by the states of venice , and that justly as bodine grants . multitudes of such like presidents occur , in most other dukedoms and principalities , which i will not name , because they want the title of kings , though aquinas truly holds , that a kingdome is so called from ruling ; therefore he who hath others under his government , is said to have a kingdome ; in reality , though not in propriety of speech ; and so are kings in verity , though not in title . i might adde to these many more examples , manifesting what miseries and untimely deaths tyrannicall kings and princes have undergone in all ages and states , being commonly deposed , poysoned , murthered ; but i shall for brevity passe over these examples , remitting the readers to aristotle , aelian , and doctor beard , his theatre of gods judgements , and come nearer home to scotland , as having nearest relation to england . scotland . what soveraigne power and jurisdiction the realme , parliaments and nobles of scotland have claimed and exercised over their kings , ( who , saith bu●●anan , can neither make laws , warre , peace , nor conclude of any great affairs of the realm without a parliament , which hath there , and in hungary , poland , denmarke , swethland , been oft-times summoned , not onely without , but against their kings consents ; ) and how frequently they have questioned , imprisoned , censured , deposed , yea judicially sentenced their kings for their tyrannies , oppressions , whoredoms , murders , rapines , and evill administrations , you may reade at large in george bucanan ( king iames his owne tutor ) in his booke , de iure regni apud scotos , and his rerum scoticarum historia . where this their soveraigne power is so largely vindicated , debated , demonstrated , and the chiefe objections against it cleared so abundantly , that i shall not adde one syllable to it , but present you with some historicall examples which confirme it . fergusius the first king of scotland dying , and leaving two sons infants , unable to governe the realme ; the scots thereupon considering what dangers might befall them both at home and abroad , during their infancy ; at last concluded after much debate ; and setled this for a standing law ; that when any king died leaving his son under age and unfit to governe , the next of their kinred , who should be esteemed fittest to raigne , should enjoy the soveraigne power ; and that he being dead , then the succession of the crowne should returne to the children of the deceased king , being of age to rule ; which law continued constantly for many hundred yeeres , untill the reigne of kenreth the third . by this law feritharis brother to fergusius abtained the crowne and reigned fifteene yeeres with much justice and modesty ; after which his nephew ferleg desiring to raigne , demanded his fathers kingdome of his uncle , who being willing to resigne it to him , called an assembly of the estates , made an oration in praise of ferleg , profered to resigne the crowne unto him . but such was all the assemblies love to feritharis and hatred to ferleg for this his preposterous affectation of the crowne , that they detested the act , and denied the motion both with frownes and verball reprehentions : whereupon ferleg conspired his uncles death , which being discovered , they thought him worthy of death ; but for fergusius his fathers sake , his life was spared , and he onely imprisoned ; after which making an escape he fled first to the pi●ts , then to the britons , and in the meane time feritharis dying , by the treachery of ferleg as was suspected , ferleg by the unanimus sentence of all was condemned and put from his crowne , being absent , and his brother mainus created king. dornadilla the fourth king of scotland dying , leaving reuther his sonne under age and unfit to raigne , the people made notatus his brother king ; who playing the tyrant , banishing , murthering , and opp●essing the people , donald of galloway raised an army against him , expostulated with him for his tyranny , and wished him to resigne the crown to reuther ; which he refusing to do , any justifying his tyranny ; hereupon donald gave him batte●l , slew him , and made reuther king without the peoples suffrages : upon which the nobles being offended , ( because the power of the parliament was by this meanes abolished , and the election of the supreame magistrate made onely by one man , ) tooke up armes both against ruther and donald , gave them battell twice in one day , and tooke ruther their new king prisoner : who afterwards dying and leaving there his sonne an infant , scarce ten yeeres old , they , according to the law formerly made and received in this case , made his unkle ruther king ; who after seventeene yeeres reigne voluntarily resigned his crowne to his nephew there , in whose commendation he made an oration , the people hardly permitting it . there soone after growing very vitious and flagitious , slaying the nooles , and filling the realme with robberies , the governours pi●tying the deplorable state of the realme , resolved to punish him for it ; of which he being informed , fled to the brittains , where he spent his daies in contempt and ignominy , not daring to returne ; conan a prudent and discreet man , being elected viceroy in the meane time , which office he held almost twelve yeeres till the death of there . in the reigne of finnan the tenth king of scotland , that the roots of tyranny might be cut off , it was decreed , that kings should command nothing of greater moment to be done , but by the authority of the publique councell . durstus the eleventh king , giving himselfe to all deboistnesse , first banished his fathers friends from him as the troublesome reprehenders of his pleasures ; and sending for the most vitious young men to be his familiar companions , gave himselfe wholly to luxury and venery . he prostituted his wife , ( daughter to the king of britains ) to his companions , and then banished her . at last the nobles conspiring against him , he awaking as it were cut out of sleepe , considering that he should finde no place of safety , neither at home nor abroad , being equally hated of strangers and subjects , thought best to counterfeit repentance of his former li●e , for so he might retaine both his crowne , and in time inflict punishments on his enemies . wherefore recalling his wife from exile , he first of all endeavoured to reconcile him selfe to the britains : then calling the chiefest of his subjects to him , he ratified with a most solemne oath the oblivion of his former courses ; he committed every most wicked person to prison , as if he reserved them for punishment , and religiously promised , that he would doe nothing hereafter , but by the advice of his nobles . when by these things he had given assurance of his sincere mind , he celebrated the agreement with pastimes , banquets , and other signes of publique gladnesse : and now all mens minds being taken up with joy , he called most of the nobility to a supper ; where , when he had shut them up ( improvident and unarmed ) in one roome , sending in his assasinates , he slew them every one . this calamity not so much terrifying as exasperating the minds of the rest with new flames of anger , they gathered a great army together , all men conspiring to take away this detested monster ; whom they slew in battell , together with his wicked confederates . after whose slaughter , the nobles putting by durstus sonnes , lest they should imitate their fathers vices , elected his brother even king with unanimous consent ; who hating durstus his tyranny had voluntarily banished himselfe among the picts . even dying , leaving a bastard sonne called gillo , he procured himselfe to be elected viceroy till a new king should be chosen , and got the kingdome confirmed to him ; but yet not deeming himselfe secure as long as any of durstus his family remained , he treacherously slew durstus his two eldest sonnes , with all his kindred and familiars : with which the nobles being much discontented , and fearing worser things , privily raised an army against him ; who finding himself generally deserted but by a few flagicious persons , who feared punishment , he was forced to flie in a fisherboat into ireland : whereupon the scots created cadvallus their vice-roy , and after that created even their king , who conquering gillo in ireland , he was forced to fly into a cave , where he was taken and his head cut off . king even the third , not content with an hundred concubines of the nobility , made a law , that it should be lawfull for every one to marry as many wives as he could keepe ; and that the king should have the mayd●n-head of noble women , and the nobles of the plebeans before they were married ; and that the common peoples wives should be common for the nobles . be●ides , luxury , cruelty and avarice were the companions of this his flagitious life ; he murthering the rich to get their wealth , and favouring thee●es to share in their robberies : whereupon the nobles and people conspiring against him and taking up armes , he discerned how unfaithfull the society of ill men is ; for being deserted by his party as soone as the battell began , he c●me alive into his enemies hands : and was committed t● pe●petuall prison , his life being spared by the intercession of cad●lan , who was made vice-roy in his stead ; but sonne after he was strangled in the prison by one whom he had formerly injured . king corbreds sonne being within age at his death , the assembly of the states made dardan king , who within three yeeres space ●ushing into all kind of vices , bannished all prudent and honest men out of hi● court , kept none but flatterers about him , slew cardorus , and divers others vertuous men who advertised him of his faults ; and to take away the feare of succession , plotted the death of corbred , galdus , and others : whereupon the nobles and people by unanimous consent rose up against him , slew his evill instruments , routed his forces , tooke him prisoner , whilst he was about to murder himselfe , cut off his head ( which they carried about for a laughing-stocke ) and threw his corps into a jakes , after he had raigned foure yeeres . luctacke the king of scots , giving himselfe wholly to wine and harlots , sparing the chastity of none though never so neere allied to him , nor their husbands never so great , deflowring his owne sisters , aunts , daughters , joyning inhumane cruelty and insatiable avarice to his lust , and depraving the youth of the country corrupted by his example , when as no man du●st resist him ; was at last convented before an assembly of the chiefe men ; where being more freely reprehended for those crimes , he commanded the chiefe of them to be drawne away to punishment , as seditious , calling them old doting fooles . whereupon the people assembling together , ●lew both him and the instruments of his wickednesses , when he had scarce reigned three yeeres space . mogaldus was elected king in his place , who carefully reforming all the abuses and corruptions of luctack in the beginning of his reigne ; yet fell at last unto them in his old age , and grew 〈◊〉 by his vices , to the nobles and common people , that they weary of him , rose up against him ; he being unable to resist them , wandred up & down with one or two compani●ns , in secret places , seeking to escape by flight ; but was at last taken and slaine . conarus his sonne and successor giving himselfe to all manner of luxurie , and lust , brought the realme in short time to great penury ; giving lands and riches to most vile and naughty persons , because they favoured his corrupt living , and invented new exactions upon his people . whereupon summoning a parliament , he demanded a tribute of them to support his state and court in honour ; who taking time to deliberate , and understanding at last , that this his hunting after money proceeded not from his nobles , but from the inventions of court-flatterers , they resolved to commit the king toward , as unfit to governe , untill he renouncing the crowne , they should elect another king. whereupon the next day , he who was first demanded his opinion , declaimed sharply against the kings former life , his bauds and companions , as unprofi●able in warre , troublesome in peace , full of shame and disgrace : shewed , that the kings revenues were sufficient to maintain him if he lived within compasse ; that the rest might be supplied out of the estates and by the death of those on whom he had bestowed the publique patrimony ; and that the king in the meane time should be committed to custody , as unfit to rule , till they elected another , who might teach others by his example to live sparingly and hardly , after their countrey custome , and might transmit the discipline received from their ancestors to posterity . with which fre● speech he growing very angry , instead of pacifying their discontented minds , inflamed them more with his cruell threatnings ; whereupon the king being laid hands on by those who stood next him was shut up in a hall with a few attendants : his courtiers , the authors of ill counsell were presently brought to punishment , and argarus a nobleman made vice-roy till the people should meet to elect a new king ; after which conare spent with g●iefe and sicknesse , died in prison . king ethodius his sonne being an infant his brother t●trasell was chosen king , who murthering his nephew , cutting off divers of the nobles , and spoyling the common people , to establish the kingdome in himselfe , he grew so odious and so much d●minished his authority in a short time , that he stirred up divers seditions ; which he not daring to goe abroad to suppresse , being generally hated , was at last strangled by his own followers in the night , in his own house . ethodius the . being a stupid man , and of a duller wit then was suitable to the government of so fierce a people , the nobles hereupon assembling together out of their respect to the family of fergusius , would not wholy deprive him of the name of a king , though he were slothfull being guilty of no crime , but assigned him governours to execute justice in every county : at last he was slain in a tumult of his familiars . king athirco his sonne degenerating from his former vertues , and growing extreamely covetous , angry , luxurious , sloathfull , and leaving the company of all good men , was not ashamed to goe openly in the sight of the people playing upon a flute , and rejoycing more to be a fidler , then a prince ; whereby he became very odious to the people : at last ravishing the daughters of nathalocus a noble man , and then whipping and prostiruting them to his lewd companions lusts ; thereupon the nobles rising up in armes against him , when he had in vain endeavoured to defend himself by force , being generally deserted by his own people , who hated him for his wickedn●ss● he murthered himself , and his brother donus was enforced to flie with his little ones to the ●icts to save his life . nathalicke succeeded in his realme , governing it ill by indigent ordinary persons , who would attempt any wickednesse , and treachero●sly strangling divers of the nobility , who were opposites to him , in the prison to which he commit●ed them , to establish his kingdome ; thereupon their friends with others , being more enraged against him , raised an army to suppresse him ; which whiles he endeavoured to resist , he was slain by one of his own servants , or as some say , by a sorceresse with whom he consulted to know his end . king findocke being treacherously slain through the conspiracy of car●●tius his second brother , donald his third brother was elected king. donald of the isles , usurping the realme by violence , so farre oppressed the people by ●ll officers and discords raised amongst them , that he durst seldome stirre abroad ; he never laughed but when he heard of the discord and slaughter of his nobles : for which he was at last surprised and slaine by crathilinthus , who was unanimously elected king , and ●lew all this tyrants children . after the death of fircormarch there were great divisions and warres for the crowne between romach and angusian , two brethren ; ramach at last conquering his brother and chasing him into ireland , gained the crown rather by force , then love of the people ; which to preserve , he shewed himselfe very cruell to the adverse party , reduced capitall causes to his owne at bitrement , and putting many to death , strucke a generall feare in all good men : upon thi● he grew so generally odious to all estates , that they conspired against , and suppressed him before he could collect his forces ; and cutting off his head , carried it about on a poll , as a joyfull spectacle to the people . constantine the first , of scotland , as soone as he obtained the crowne , loosed the reines to all vices : he was cruell and covetous towards his nobles , kept company with men of the basest ranke ; gave himselfe onely to the rapes of maides , matrons , and immoderate feasts , having fidlers , stage-players , and ministers of all sorts of pleasures almost about him : with which vices the nobles of scotland being offended , admonished him of his duty . but he proudly centemning them , wished them to looke after other matters , saying , he had councell enough from others , and that they should lay aside their false hope , that they could reclaime the king by their councell . on the contrary he was of so poore a dejected spirit towards his enemies , that he not onely granted them peace , but remitted them injuries , and restored them castles as soone as they demanded them . which caused the picts and scots to consult together to depose him by force of armes ; from which douglasse disswaded them for the present , by reason of their forraigne wars with the britans and saxons : in the end , he was slaine for ravishing a noblemans daughter in the . yeare of his raigne . king goran was slaine by the people for favouring tow●er chiefe inquisitor or judge of capitall causes , who much oppressed the people ; his children being young , hugonius succeeded to the crown ; and afterwards his brothers congalus and kumatel , after whom ardan the sonne of king goran reigned . ferquhard the . king of scots a craftie man , desiring to turne the kingdome into a tyrannie , nourished great divisions among the nobles ; but they discovering his malice privilyenter into an accord among themselves , and calling a parliament , sommoned him thereunto : who refusing to appeare , keeping within his castle ; they thereupon tooke it by force , and brought him to judgement against his will ; where many and grievous crimes , among others , his cruelty and negligence in the affaires of the common-wealth ; the pelagian heresie , with contempt of baptisme , and the other sacraments , were objected against him ; of none whereof he being able sufficiently to purge himselfe , was cast into prison ; where , out of shame and sorrow , he slew himselfe . ferquhard the second , a man polluted with all kinde of wickednesse , an unsatiable desirer of wine and money , inhumanely cruell towards men , and impious towards god , when he had every where vexed others with cruelty and rapines at last turned his fury against his owne , slaying his owne wife , and ravishing his owne daughters : for which wickednesses he was excommunicated : but the nobles willing to assemble together to punish him , were diswaded by holy bishop colman , who told the king openly , that some devine judgement would shortly seize upon him , which ●ell out accordingly , for falling into a feaver , and not abstaining from his intemperance , he was eaten up of lice . maldwin . king of scotland was strangled by his queen , for suspition of adultery with an harlot ; for which fact she her selfe was burned dayes after . amberkelethus a vicious wicked king , was slain by one of his own men , with an arrow in the night , when he was marching against the picts ; whereupon , lest the army should be dissolved or left without a generall , eugenius the th was presently chosen king in the tents : who making peace with the picts , his wife being slaine in his bed by two conspirators who sought his life , the king being suspected of this murther was thereupon imprisoned ; but before his triall set at liberty , by the apprehension of the murtherers . king eug●nius the th , rushing into all vices , and neither regarding the admonitions of his nobles or clergie , was for his filthy lusts , covetousnesse , and cruelty , slaine in the assembly of his lords by their generall consent , and his companions in wickednesse and villany hanged , which was a gratefull spectacle to the people . fergusius the third succeeded him both in his crowne and vices ; he was a foule drunken glutton , and so outragiously given to harlots , that he neglected his owne wife , and brought her to such poverty , that she was forced to serve other noble women for her living ; wherefore to expiate this disgrace , she murthered him in his bed , and afterwards slew her selfe also . donald the king of scotland , gave himselfe wholy to his pleasures , keeping none but hunters , hawkers , and inventors of new lusts about him , on whom he spent the revenues of the realme , by which he corrupted the youth of the kingdome : which the ancients of the realme discerning , assembled and went to the king , admonishing him of his duty ; which he notwithstanding neglected , till the wars roused him up . which being ended , he returned to his pristine courses ; whereupon the nobles fearing , lest this filthy and sloathfull man , who would neither be amended by the councels of his friends , nor calamities of his people , should lose the remainder of the kingdome which was left , cast him into prison ; where for griefe of his inhibited pleasures , or feare of publike shame , he layd violent hands upon himselfe . constantine the second was inhibited by his senators to make war before he had reformed the corrupted youth of the realme by good lawes ; after which he was slaine in battle by the danes . king ethus his brother and successor polluting himselfe with all vices , and drawing all the youth of the country ( prone to wickednesse ) with him , he was thereupon seised on by the nobles ; who making a long oration to the people , wherein they related the wickednesses of his whole life , he was forced to renounce his right in the kingdome , and dyed in prison of griefe , within three days after , gregory being made king in his stead . constantin● the third turning monke , malchombe was elected king , who was slaine by the conspiracie of theeves ; whose sonne duffus being an infant , indulfus enjoyed the crowne ; to whom duffus succeeding , was murthered by donald : whereupon a parliament was assembled to chuse a new king , which elected culenus : who at last degenerating into all licentiousnesse , ravished virgins , nunnes , yea his owne sisters and daughters , and set up a kinde of publicke stewes . for which being reprehended by the nobles , he excused part by reason of his youth , part by reason of ●eare , and acknowledgeing his sorrow for the residue , promised amendment . but he not reforming upon their adm●nitions , they departed from court , that they might neither be witnesses no● partakers of his vices : the king freed of their troublesome company gave himselfe wholy to fea●●ing and venery , spending nights and dayes in dishonest sports and pleasures with his dissolute companions ; and to maintaine his luxurie , he pillaged and oppressed his subjects , especially those who were rich ; and by his disorders fell into a grievous sicknesse , which made him a deformed carcasse , fit for nothing but to suffer the penalties of his vitious life , his courtiers and companions spoyling the people every where in the meane time . whereupon the n●●les were enforced to summon a parliament at scone , where the king was commanded to be present , that together with the rest he might consult how to provide for the publicke safety in this precipitate state of things : with which ●ommons being awaked , he began to consult with his companions , what was best to be done for his owne ●afety in these exigen●s : being unable to resist or flee , he resolved to goe to the parliament , hoping to finde some mercy there for his good fathers sake , to preserve him from falling into extreame misery ▪ but in his way thither he was slaine by the thane of the country for his violent ravishment of his daughter ; his death was acceptable to all , because it freed them of such a monster with lesse labour then they expected : and kenneth the third was made king in his place : who poysoning his nephew malcolme , heire to the crown after his decease , to settle it on his own posteritie , he caused the lords in parliament to repeale the ancient law wherby the crown discended to the next of kin during the minority of the right heire ; and to enact , that the sonne should 〈◊〉 thenceforth inherite the crowne next after his father , through a minor ; that the realme during his minority should be governed by a viceroy elected by the parliament and nobles till he came to yeeres of age ; and after that by a gardian elected by himselfe ; that if the kings eldest sonne dyed having issue , the issue should inherit , before the second brother , &c. after which , the king generally hated for the poysoning of malcolme , was slaine by the practise and command of fenella . he thus cut off const●ntine surnamed the bald , sonne of culen , pretending the new law concerning the discent of the crowne to be unjust , obtained by force , and contrary both to the publicke liberty and safety ; to wit , that an in●ant ( commonly governed by a woman ) being unable to governe , or repulse an enemy in times of danger , yea a curse of god upon a realme , and therefore not to be endured or setled by a law , especially in those time of warre , when they had so many enemies ) should be preferred before a kinsman of full age , fit to raigne ; so ambitiously sought the crowne and made so many friends , that he procured himselfe to be proclaimed king at scone ; which malcolme sonne of kenneth ( for whose sake this new law was enacted ) understanding , presently raised all the forces he could , which being conducted by his brother kenneth , constantine and he in the second encounter were both slaine one of another . after whose death grame the sonne of duffus usurping the crowne , when he and malcolme were ready to encounter with their armes , this agreement was made betweene them by forthred a bishop , that grame should retaine the kingdome , and the new law of succession be suspended during his life ; and malcolme succeede him after his death . after which grame giving himselfe to all dissolutenesse , covetousnesse and oppression , and warring upon those nobles and councellors , who advised him to reforme his evill courses , with greater cruelty than any forraigne enemie , destroying both men , townes , cattle , fields , and making all a common prey ; hereupon they called in malcolme out of northumberland to assist them , who encountring grame , on ascention day , tooke him prisoner , being deserted of his people , wounded in the head , and then put out his eyes ; who soone after dying of sorrow and his wounds ; malcholme thereupon summoned a parliament at scone , and would not take the crown till the law concerning the succession made in his fathers raigne , was ratified by all their conse●ts : against which law buchanan exceedingly inveighs in the beginning of his seventh booke , as the occasion and increase of all those mischiefes both to king and kingdome , which it was purposely made to prevent . this malcolme , after he had raigned long victoriously with much honour , in his declining age , growing very covetous , tooke away the lands he had formerly given to his nobles for their good service in the wars , and punished divers of the wealthiest men so severely , that he brought many of them to death , others to extreame poverty ; which injuries lost him all his love , honour , and so farre exasperated the people ▪ that partly out of revenge , partly to prevent further oppressions and to provide for their owne securitie , corrupting his servants with money , they seat their agents into his chamber in the night , and slew him . not to mention the murther of king duncan by machbed , who usurped his crowne through his pusillanimity ; this machbed , omitting no kind of libidinousnesse , cruelty , and tyrannizing over the people for yeares soac● together , trusting to the predictions of certaine wisards , that he should neve● be overcome till bernane wood did come to dunsinane castle , and that he should never be slaine by any man borne of a woman . at last mackduffe governour of fiffe joyning himselfe to some few patriots who had escaped this tyrants sword , met at bernane wood , and early in the morning every man bearing a bough in his hand , the better to keepe them from discovery , tooke dunsinane castle by scalado : whence machbed escaping was pursued , overtaken , and urged to ●ight ●p mackduffe , to whom the tyrant replyed in scorne , that in vaine hee attempted his death , for it was his destinie never to be slaine by any man borne of a woman : now then said mackduffe , is thy fatall houre come , for i never was borne of a woman , but violently cut out of my mothers wombe , she dying before i was borne ; which words so daunted the tyrant , though otherwise valiant , that he was easily slaine , and malcolme conmer the true heire of the crowne , seated in the throne . king donald being odious and cruell to his subjects , they sent for duncan malcombes bastard , who expelled him the realme , and was created king in his steed ; who proving harsh , cruell , and imperious to his subjects , fell into their hatred , and was beheaded in the night by marpender earle of murry , corrupted with money by donald to murther him . donald permitting the isles to be taken and possessed by magnus king of norway , and suffering his realme to be wasted by a secret agreement ; thereupon the scots sent for edgar malcombes sonne , to take possession of the crowne , who entring into scotland with small forces , donald being deserted by his people , betooke himselfe to flight , but being apprehended and brought backe to edgar , he was cast into prison , and not long after dyed . king malcolm ▪ the fourth , at a parliament at yorke parting with divers of his crowne-lands to king henry without his peoples consents so farre incurred their hatred , that upon his returne they beseiged him at barwick , and almost tooke him prisoner , but by the mediation of some of his councell , who informed the nobles , that the king was by violence & fraud circumvented by the king of england , of the ancient patrimony of the crowne land , they resolved to recover it by war : the scottish nobility affirming , that the king had not any power to diminish or part with any lands appertaining to the crown without all their consents in parliament . this king after some encounters making a peace with the english upon unequall termes , wherin he parted with some of his ancient territories , out of his pusilanimity , against his nobles consent ; hereupon he grew so odious and contemptible to them , that they were all weary of his government , and caused many to take up armes and rebell against him . after the death of king alexander the third there was a parliament summoned at scone to consult about the creating of a new king ; and the government of the realme , during the inter-regnum● where first of all they appointed six men to rule the realme for the present , and then heard and discussed the severall titles pretended to the crowne , the finall determination whereof , they referred to king edward the first of england ▪ as to the supreame soveraigne lord of the realme : who selecting . s●ottish , and . english councellors to assist him ; after full hearing , by generall consent of all , adjudged the crown to iohn baylioll , husband to king alexanders ●ighest kinswoman : the scots considering his simplicity and unaptnes to governe them , and scarce confiding in him being an englishman , and elected by the k. of england , cōstituted them . peers , after the manner of france , to wit , . bishops , . earles , and . lords , by whose advise the king and all the affaires of the realme , were to be governed and directed : he was taken and kept prisoner by the english. after the death of robert bruce , the scots before their king was crowned , created a vice-roy to govern the realme , who suppressed the theeues , and robbers : edward bayliol sonne to iohn bayliol succeding bruce , was afterwards rejected and deposed by the scots , for adhereing too closely to the english & k. edward , and david bruce elected k. in his place . robert the d. of scotland when a peace was propounded between france , england , and scotland by the pope , willingly consented there unto , but his nobles being against it , his assent alone was in vaine ; because the king of scotland alone , can make no firme peace nor truce , nor promise which shall bind , but by publike consent in parliament . king robert the d. dying of griefe , for the captivity and imprisonment of his son iames , taken prisoner by our king henry the th . as he was going into france , the scots hereupon appointed robert his uncle , by common consent , for their vice-roy , till iames the ( first of that name ) right heire of the cowne , were enlarged . iames being freed and crowned , summoned a parliament , wherein an ayde was granted him to pay his ransome , with much difficulty : he had many civill wars with his subjects , and at last was murthered by robert grame and his confederats , from whom he received . wounds in his chamber in the night , wherof he presently died . iames the . his son , being but . yeares old at his death , alexander leviston was chosen protector , and william crichton made chancellor by parliament ; which the earle douglas storming at , committed many insolencies in a hostile manner . after which , alexander and his faction opposing the chancellor , and commanding that none should obey him , the chancellor thereupon fortified edenborough castle , and as the king was hunting early in the morning seized upon him with a troop of horse , & brought him to edinburgh castle , where he detained him from the protector till the peace of the kingdom , and present divisions should be setled : which lasting very long by reason of earle douglas his ambition , power , and covetousnes , who raised many grievous civill wars , he was at last stabbed to death by the king himselfe , anno . contrary to his promise of safe● conduct to the court , under the kings and nobles hands and seales : wherupon his brethren and confederats , meeting at sterling , resolved to revenge his death , and tied the kings and nobles writing of safe conduct to an horses taile , which they led through the streets of sterling , railing at the king and his councell as they went , and when they came into the market place ( where they had . trumpets sounding ) they by an herald , proclaimed the king and all that were with him , fedifragus , perjured , and enemis of all good men : and then spoiled and burned the towne , country , with all places else that were firme to the king ; betweene whom and the kings party , a bloody civill warre ( to the spoyle of the countrey ) continued above two yeares space with various successe ; till at last with much difficulty this fire was extinguished and the king casually slaine with the breaking of a cannon : whose sonne iames the . being but . yeeres old , was proclaimed king in the campe , and the queen mother made regent , till a parliament might be called to settle the government ; but when the parliament assembled , upon the oration of kenneth archbishop of saint andrewes shewing the inconveniences and unfitnesse of a womans government , they elected . regents to governe the king and realme during his minority . after which bodius was made vice-roy : this king being seduced by ill courtiers and councellors which corrupted him , thereupon divers of the nobles assembling together , resolved to goe to the court , to demand these ill councellors and seducers of the king and then to execute them ; which they did accordingly , and that with such fury , that when they wanted cords to hang some of them , they made use of their horses bridles , and every one strave who should be forwardest to doe this execution . the king promising reformation , was dismissed ; but in steed of reforming he meditated nothing but revenge , blood and slaughter in his minde ; and plotting secretly to murther the nobles in edenburg , by the helpe of earle duglasse ; he detesting the fact and revealing the treachery , thereupon the nobles who formerly desired onely his reformation , took up armes to de●●roy him , as one incorrigible and implacable ; whereupon they made the kings sonne vice-roy , and knowing the kings perfidiousnesse , would yeeld to no termes of peace , unlesse he would resigne up his crown to his son : which he refusing , thereupon they gave him battle and slew him , as a common enemie . after which calling a parliament , they created his son iames the fourth king ; who comming under the power of the duglasses , rescued himselfe at last from them : and invading england , anno. when he proclaimed oliver sincleer his favorite , gene●all , the scottish nobility tooke it in such indignation , that they threw downe their weapons and suffered themselves to be taken prisoners ; whereupon the king growing sicke with griefe and anger , soone after dyed . anno. . mary the daughter of king iames the sixth of scotland , and heire to the crowne , being within age , her mother queene mary , by common consent was made regent , and shee by common consent and councell of the nobles , married to francis dolphine of france . in the meane time there hapning some troubles and warres about the reformed religion , which many of the nobles and people there contended for ; the queene mother , granting those of the religion , a confirmation of their liberties and religion by way of truce for moneths , she in the meane time sends for souldiers out of france , wherewith she endeavoured to suppresse religion , with the remaining liberty of the scots , and to subject them to the french. whereupon the nobles of scotland who stood for the defence of their religion and liberties , by a common decree in parliament , deprived the queene mother of her regencie , make a league with our queene elizabeth , being of the reformed religion , and receiving ayde both of men and money from her , besieged the queene mother in edenburgh castle , where she dyed of griefe and sicknesse . after which they expelled the french , and procured free exercise of the reformed religion . in the meane time francis dying , the queene sends for henry steward out of england , where he and his father had beene exiles ; marries and proclaime him king , iuly . . which done , she excluded the nobility from ●er councells , and was wholly advised by david ritzius , a suba●dian , whom she brought with her out of france , and did all things by his councell ; wherewith the nobles being much discontented , finding him supping with the queene in a little chamber , commanded him to rise out of the place , which did little become him , and drawing him out of the chamber , stabbed him to death , anno. . the queene soone after was delivered of a sonne and heire , iames the . and then admits iames hepburne earle of bothwell into most intimate familiarity with her , setting him over all affaires of the realm , granting nothing to any petitioner almost but by him ; and her husband steward being dead , ( whether of a naturall death or poyson is yet in controversie ) she married bothwell openly , without the lords and parliaments consents . hereupon the nobles tooke up armes against bothwel and the queen , bes●eged the queen till she rendred her selfe prisoner , upon this condition ; that she should abjure and resigne her interest in the crowne and kingdome to her infant sonne ; which they compelled her to performe , and appointed iames earle of morton vice-roy , and protector during the kings minority . in the meane time the queene was committed prisoner to the castle of the isle of the lake leuine ; where corrupting duglasse her keeper , the earle of mortons nephew , and a shipmaster , she escaped to the hamilt●ns in safety , who having raised forces to free her , waited her comming on the shoare : but the vice-roy scattering these forces soone after , the queene thereupon fled into england . anno. . where queene elizabeth taking her expulsion ill , laboured that she might be restored to the crowne , which could not be effected , but by armes , or mediation ; and neither of them without knowledge of the cause . whereupon the queene sent for the vice-roy and councell of scotland into england , to answere the complaints of their queene against them ; which they did in a writing , ( composed by buchanan , and afterwards printed both in latine and english , ) wherein they shewed the grounds and order of their proceedings against their queene ; wherewith the queene and councell were satisfied , that they had proceeded rightly and orderly : yet to keepe both sides in suspence , she pronounced no definitive sentence : the vice-roy departing into scotland , was afterwards murthered by the hamiltons , and matthew steward earle of len●ux made vice-roy in his steed . the queene in the interim treated with thomas howard duke of nerthfolke , about a match with him , and to seise upon the realm of scotland , whereupon he was committed to the tower , and she restrained ; after which she was solemnely arraigned and condemned to death by the parliament of england for conspiring queene elizabeths death , &c ▪ and for it beheaded at fotherringham castle , feb. . ▪ the history of which queenes life is more at large related by buchanan and others ; and her imprisonment and deposition professedly justified as lawfull by his treatise , de iure regni apud scotos ( compiled for that purpose ) to which i shall referre the reader . what th● lords and realm of scotland have done within these . yeers last past in defence of their religion lawes , liberties , by holding generall assemblies , parliaments , taking up armes , seising the forts and ammunition of the realm , and marching into england , against the kings consent and proclamations , is so fresh in memory , so fu●ly related in the acts of oblivion and pacification , made in both parliaments of england and scotland , ratified by the king himselfe ; and in particular histories of this subject , that i shall not spend time to recite particulars , but will rather conclude from all the premises with the words of buchanan ; the ancient custome of our ancestors in punishing their kings , suffers not our forcing of the queene to renounce her right unto the crowne to her sonne , to seeme a novelty ; and the moderation of the punishment , shewes it proceeded not from envie : for so many kings punished with death , bonds , banishment by our ancestors , voluntarily offer themselves in the ancient monuments of histories , that we neede no forraigne examples to confirme our owne act : for the scottish nation , seeing it was free from the beginning , created it selfe kings upon this very law , that the empire being conferred on them by the suffrages of the people , if the matter required it , they might take it away againe by the same suffrages ; of which law many footsteps have remained even to our age : for in the islands which lye round about us , and in many places of the continent , wherein the ancient language and constitutions have continued , this very custome is yet observed in creating governours : likewise the ceremonies which are used in the kings inauguration have also an expresse image of this law ; out of which it easily appeares , that a kingdome is nothing else , but the mutuall stipulation betweene the people and their kings : the same likewise may be most apparently understood out of the inoffensive tenor of the ancient law , preserved from the very beginning of raigning among the scots even unto our age ; when as no man in the meane time hath attempted , not onely not to abrogate this law , but not so much as to shake it , or in any part to diminish it : yea , whereas our ancestors have deprived so many kings as would bee tedious to name , of their realme ; condemned them to banishment , restrained them in prisons , and finally punished them with death , yet there was never any mention made of abating the rigor of the law ; neither perchance undeservedly , since it is not of that kinde of lawes which are obno●ious to the changes of times , but of those ingraven in the mindes of men in the first originall of mankinde , and approved by the mutuall consent well-nigh of all nations , which continue unbroken and sempiternall together with the nature of things , and being subject to the commands of no man ; domineere and rule over all men . this law ( which in every action offers it selfe to our eyes and mindes , and dwels in our brests will we , nill we ) our ancestors following , were alwayes armed against violence , and suppressed the unrulinesse of tyrants . neither is this law proper onely to the scots , but common to all well-ordered nations and people : as the athenians , lacaedemonians , romanes , venetians , germanes , danes : which he there manifests by examples . so that i may hence infallibly determine , the realme , parliament , and nobles of scotland , collectively considered , to be the soveraigne power in that realme , superiour to the kings themselves : from whom i shall proceede to scripture presidents , in the kings and kingdomes of the gentiles , israel , and iudah , recorded in scripture . the kings of the gentiles , israel , and iudah . now least any should object , that all the forecited examples and authorities are but humane , and no convincing evidences to satisfie the conscience , that whole kingdoms , states , and parliaments are above their kings , and of greater power then they , i shall therefore ( to close up this posterne gate of evasion ) conclude with scripture presidents , ratifying this truth beyond all contradiction . to begin with heathen kings and states therein recorded . i read in the sam. . and chro. . . that when david with his men offered to go with achish and the philistines against king saul ( his soveraign ) and the israelites to battell , and passed on in the rereward with achish ; the princes of the philistines seeing it , said , what do these hebrews here ? to whom achish answered , is not this david the servant of saul king of israel , which hath been with me these years , and i have found no fault in him since he fell unto me unto this day ? hereupon the princes of the philistines were wroth with him , and taking advice together , said to their king achish , make this fellow returne that he may goe again to his place which thou hast appointed him , and let him not go down with us to battell , lest in the battell he be an adversary to us ; for wherewith should be reconcile himself to his master ? should it not be with the heads of these men ? is not this david , of whom they sang one to another in dances , saying , saul slew his thousands , and david his ten thousands ? then achish called david , and said unto him , surely as the lord liveth , thou hast been upright , and thy going out and coming in with me in the host is right in my sight , for i have not found evill in thee since the day of thy coming ; neverthelesse the lords favour thee not ; wherefore now return and go in peace , that thou displease not the lords of the philistines . and when david replied , what have i done , &c. that i may not fight against the enemies of my lord the king ? achish answered him , i know thou art good in my sight as an angell of god , notwithstanding the princes of the philistines have said , he shall not goe vp with vs to battell ; wherefore rise up early in the morning with thy masters servants that are come with thee , and assoon as ye have light , depart ; whereupon they returned . here we see the lords of the philistines did peremptorily overrule their king against his will , who durst not contradict them ; therefore they had a power superiour to his : as will further appear by sam. . ▪ , , , . and ch . . , to . where when the ark of god was taken by the philistines , the lords and people of the philistines ( not the king ) met , consulted , and ordered , how it should be removed from place to place , and at last sent it back again . so ahasuerus the great persian monarch , was advised , over-ruled by his councell of state , as appeareth by the case of queen vashti , ester . and what his princes thought meet to be done , that he decreed and proclaimed , verse , , , . so artax●rxes king of persia did all things of moment , by the advise of his counsellors and princes , ezra . . and chap. . . great nabuchadnezzar king of babylon , ( dan . , . . chap. . , to . ) was for his pride driven from men , put to eat grasse with oxen for aspace , till he knew that the most high ruleth in the kingdoms of men : after which his understanding and reason returned to him , and the glory of his kingdom , and his councellors and lords sought unto him , and established him in his kingdom , he being over-ruled and counselled afterwards by them . so daniel . darius king of the medes and persians , was over-ruled by his lords and princes , even against his will , to signe a decree , and to cast dauiel into the lyons den for breach of it ; and though the king were sore displeased with himself for signing this decree , and set his heart on daniel , and laboured till the going down of the sun to deliver him ; yet the princes assembling and telling the king , know o king , that the law of the medes and persians is , that no decree nor statute which the king establisheth , ( by the advice of his nobles ) may be changed , ( to wit , by the king alone , without their advise : a clear evidence , that the greatest persian monarchs were subject to the laws of their kingdoms , as well as other princes ; ) whereupon the king commanded , and they brought daniel and cast him into the den of lyons , and a stone was brought and laid upon the mouth of the den , and the king sealed it with his own signet , and with the signet of the lords , that the pvrpose might not be changed concerning dani●● . here this great king was even against his will constrained to be subject both to his laws and lords . the like we read of pharaoh king of egypt , exod. . , , , . who consulted with his people how to oppresse the israelites , as being unable to do it without their consents . and exod. . pharaohs councellors and lords , ( after sundry plagues on the land ) said unto him , how long shall this man ( moses ) be a snare unto us ? let the men go that they may serve the lord their god ; knowest thou not that egypt is destroyed ? whereupon moses and aaron were brought before pharaoh , who said unto them , go serve the lord your god. and esay . . to . surely the princes of zoan are fools , the counsell of the wise counsellors of pharaoh is become bruitish : they have also seduced egypt , even they that are the stay of the tribes thereof . they then had an overruling power above their kings . so the great king of nineveh , ●onah . , , . proclaimed and published a generall fast thorowout the city , by the decree of the king , and of his great men , making no publike laws , but by their advice and assents . in like manner we read in the sam. . , , . that the princes of hanun king of the ammonites co●selled and overruled him ( out of overmuch suspition ) to abuse davids messengers sent to him in love . and in the kings . . there was then no king in edom , a deputy was king ; the kingdom appointing a deputy then to rule them in stead of a king , and giving him royall authority : and in the kings . . chron. . . in the dayes of ioram , edom revolted from under the hand of iudah ( which had conquered it ) and made a king over themselves : and though ioram smote the edomites , who encompassed him , yet they revolted from under the hand of iudah till this day : the electing and constituting of a king being in their own power . see gen. . . to . and c. . . to . to like purpose . these being all pagan kings and states , i come to the israelites themselves ; wherein for my more orderly proceeding , and refutation of the many grosse erronious assertions of * court doctors and royallists touching the estate and soveraignty of their kings , whom they would make the world beleeve to be absolute monarchs , subject to no laws , to derive all their royall authority from god alone , and no wayes from the people ; to be meerly hereditary and elective , to be above all their people , irresistible in their tyrannicall wicked proceedings , and no wayes subject to their realms and congregations overruling controll , much lesse to their defensive oppositition or deprivation ; i shall digest the whole history of their kings and kingdoms iurisdictions and power into these ensuing propositions , which i shall clearly make good out of scripture , as i propound them in their order . first , that the originall creation and institution of the israelites kings and kingdoms proceeded onely from the power and authority of the people , and that solely by divine permission , rather then institu●ion ; this is most apparent by deuter. . , . when thou art come unto the land which the lord thy god giveth thee , and shall possesse it and dwell therein , and shalt say , i will set a king over me , like as all the nations that are abovt me ; thov shalt in any wise set him king over thee , whom the lord thy god shall chuse ; one from among thy brethren shalt thov set over thee , thov maist not set a stranger over thee , which is not thy brother . where god himself by way of prophesie of what afterwards should come to passe , expresly declares , first , that the primary motion of changing the government of the iew● from iudges and an aristocracy into a kingdom , should proceed from the peoples inclination , as the words , and shalt say , i will set a king over me , &c. import . secondly , that the authority to change the government into a regality , to creat and make a king , resided in , and the authority of the king proceeded meerly from the people , as the words , i will set a king over me , thou shalt set him over thee ; ( four times recited in two verses ; ) manifest beyond dispute . thirdly , that all nations about them who had kings , had the like power to create and make their kings , as the words , like as all the nations that are about me , witnesse . all which is evicently confirmed by iosephus , antiqu. iudaeorum , l. . c. . by carolus sigo●ius de repub. hebraeorum , l. . c. . bertram , cunaeus , schikardus , and divers commentators on this text : the history of the change of their state into a kingdom , and of their iudges into kings● added to this prophesie and precept , will leave no place for any scruple . we read in the sam. . that the people growing weary of samuels government who judged them , by reason of the ill government of his sonnes , who tooke bribes , and perverted judgement ; thereupon all the elders of israel gathered themselves together , and came to samuel unto ramah , and said unto him , behold , thou art old , and thy sons walk not in thy wayes , now make vs a king to ivdge vs like all the nations : but the thing displeased , samuel , when they said , give us a king to judge us ; and samuel prayed unto the lord ; and the lord said unto samuel , hearken vnto the voyce of the people in all that they say vnto thee ; for they have not rejected thee , but they have rejected me that i should not reign over them ; according to all the works that they have done since the day that i brought them out of egypt , even unto this day ; wherewith they have forsaken me , and served other gods , so do they also unto thee : now therefore hearken to their voyce ; howbeit , yet protest solemnly unto them , and shew them the manner of the king that shall reign over them . and samuel told all the words of the lord unto the people that asked of him a king ; and he said , this will be ( not ought to be ) the manner of the king that shall reign over you , he will take your sons , and appoint them for himself , &c. and ye shall be his servants ▪ and ye shall crie out in that day because of yovr king which ye shall have chosen yov , and the lord will not ●ear you in that day . neverthelesse , the people refused to obey the voyce of samuel , and they said , nay , bvt we will have a king over vs , that we also may be like all the nations , and that our king may judge us , aud go out before us , and fight our battels . and samuel heard all the words of the people , and rehearsed them in the ears of the lord : and the lord said unto samuel , hearken unto their voyce , and make them a king. after which , when god had appointed saul to be their king , samuel called the people together unto the lord in mizpeh , and recapitulating the great deliverances god had done for them , added , and ye have this day rejected your god , who himself saved you out of all your adversities and tribulations , and ye have said unto him , nay , bvt set a king over vs , &c. and samuel said unto all the people , see ye him whom the lord hath chosen , that there is none like him among all the people ? and all the people shouted and said , god save the king. after which he expostulated again with them thus , and when ye saw that nahash king of the children of ammon came against you , ye said unto me , nay , bvt a king shall reign over vs , when the lord was your king ; now therefore behold the king whom ye have chosen , and whom ye have desired , &c. that ye may perceive and see that your wickednesse is great which ye have done in the sight of the lord , in asking yov a king . and all the people said unto samuel , pray for thy servants unto the lord thy god that we die not , for we have added unto all our sins this evill , to ask a king . which compared , with hos. . , . i will be thy king , where is any other that may save thee in all thy cities ? and thy iudges of whom thou saidst , give me a king and princes ? i gave thee a king in mine anger , and tooke him away in my wrath : with acts . . and afterward they desired a king , and god gave them saul the son of cis , by the space of forty years . all these concurring sacred texts will infallibly demonstrate , that this change of the iudges into kings , and the originall creation of their kings and kingdoms proceeded only from the importunity and authority of the people , who would not be gainsaid herein , not from gods institution , or samuels approbation , who censured and disavowed this their motion , though they at last condescended to it ; all which is elegantly related , confirmed by iosephus , antique . iudaeorum , l. . c. , , , . by all this it is apparent , that the congregation and people of the iews had the soveraign power in themselves , as well as other nations , because the authoritie to alter the whole frame of their former aristocraticall government into a monarchy , resided in them , though they were taxed forchanging it in samuels dayes , who had so justly , so uprightly judged them . secondly , it is apparent , that the iudges and kings of the israelites were not properly hereditary , but oft elective by the people : and though god did sometimes immediately nominate the persons of those that should reign over them , as is apparent by saul , david , ieroboam , iehu , others ; yet the people did constantly confirm , make them kings , and gave them their royall authority , none being made kings by divine appointment , but such as they willingly accepted , approved , confirmed for their kings ; gods previous designation being but a preparative to their voluntary free ( not restrained or limited ) election . the first king among the israelites ( though but over part of them ) was abimelech the son of ierubbaal , who was made king by the peoples election , iudges , . , to . who having perswaded those of sechem to elect him for their king , thereupon all the men of sechem gathered together , and all the hovse of millo went and made abimelech king : whence iotham thus upbraided them and him , verse . to : then said all the trees unto the bramble , come thou and reign over us : and the bramble said unto the trees , if in truth ye annoint me king over you ; thèn come and put your trust in my shadow , &c. now therefore if ye have done truly and sincerely in that ye have made abimelech king , &c and that ye have risen up against my fathers house this day , and have made abimelech king , &c. we read iudg. ▪ , . that after gideon had slain zebab and zalmunna , with the midianites , the men of israel said unto gideon , rule thou over us , both thou and thy sons , and thy sons son also , for thou hast delivered us from the hand of midia● . and gideon said unto them , i will not rule over you , neither shall my son rule over you ▪ the lord shall rule over you . where we clearly see , the power and right to elect a ruler , and to limit the government to him and his issue , for three generations only , to reside in the peoples free election . so iudges . , . and chap. . . to . when the children of ammon were gathered together and encamped against gilead , the people and princes of gilead said one to another , what man is he that will begin to fight against the children of ammon , he shall be head over all the inhabitants of gilead . and the elders of gilead went to fetch iephthah out of the land of tob , and said unto him , come and be our captain that we may fight with the children of ammon , and be our head over all the inhabitants of gilead : vpon promise of which dignitie , he went with them to gilead ; and the people made him head and captain over them . that the election and making of their kings belonged of right to all the people , is past dispute , being so resolved by god himself , deuter. . , . when thou art come into the land , &c. and shalt say , i will set a king over me , like as all the nations that are about me , thov shalt in any wise set him king over thee whom the lord thy god shall choose ; one from among thy brethren shalt thov set over thee , thov maist not set a stranger over thee : where the power of creating and electing the king , is left wholly to the peoples free choice , with these generall restrictions , that he should be one of their brethren , not a stranger , and particularly qualified as is there expressed . and though god did sometime design and nominate their kings , yet he left the power of approbation and ratification of them free to the people , as is apparent by sa. . . and ye shall crie in that day , because of the king which ye shall have chosen you . hence saul their first king , though nominated and designed by god and samuel , was yet approved , confirmed and made king by the people , who shouted and said , god save the king , when samuel presented him to them ; sam. . . but the children of belial despising and bringing him no presents , verse . after saul had conquered the ammonites , who besieged iabesh gilead ; the people said unto samuel , who is he that said , shall saul r●ign over us ? bring the men that we may put them to death . then saul said , there shall not a man be put to death this day ; for this day the lord ha●h wrought salvation in israel . then said samuel to the people , come let us go to gilgal , and renew the kingdom there . and all the people went to gilgal , and there they made savl king before the lord in gilgal : where samuel useth this speech to the people , concerning saul , now therefore behold the king whom ye have chosen , and whom ye have desired , the lordhath set a king over you : ( so that the choice and election of him , was as well theirs as gods : ) and verse . he calls him your king , because chosen and made by , as well as for the people . saul being slain by his owne hands , the crown descended not to his sonne by way of descent , but david succeeded him by gods designation , and the peoples election too , by whose authority he was made and crowned king , being formerly annointed by samuel to succeed saul . this is irrefragable by the sam. . . where david going up to hebron by gods direction , the men of iudah came , and there they annointed david king over the house of iudah . after which samuel . . . to . all the tribes of israel came to david to hebron , and spake saying , behold we are thy bone and thy flesh . also in time past , when saul was king over us , thou wast he that leddest out and broughtest in israel ; and the lord said to thee : thou shalt feed my people israel , and thou shalt be a captain over israel . so al the elders of israel came to the king at hebron , and king david made a league ( or covenant ) with them before the lord ; and they annointed david king over israel . and in the chron. . . to . wee have a particular recitall of the numbers of the bands that were ready armed to the warre , and came to david to hebron to tvrn the kingdome of saul to him ; and came with a perfect heart to hebron to make david king over all israel ; and all the rest also of israel were of one heart to make david king : whose title to the crown being afterward ▪ shaken by his sonne absalom , who cunningly usurped it , ( and that by the election of the people too ; as is evident by hushai his speech unto him , sam. . . nay , but whom the lord , and this people , and all the men of israel choose , his will i be , and with him i will abide , compared with . sam. . , . and all the people were at strife thorow all the tribes of israel , saying ; absalom whom we anointed over vs is dead , &c. a cleare evidence the kingdome was then held elective , and that the people had the soveraign power of electing and creating their kings ; ) all the people throughout all the tribes of israel and the men of iudah , to re-establish david in his throne , being fled out of the land , sent this message to him ; returne thou and all thy servants : whereupon the king returned , and all the tribes went as farre as iordan to meet and bring him back again to gilgal . david growing old , his son adonijah , against his consent , accompanied with some great officers and courtiers of his party , usurped the crown , and was by them saluted king ; but david hearing of it , by gods election and choise , commanded solomon ( though not his eldest sonne ) to be annointed and proclaimed king , and to sit upon his throne in his life time : as soon as he was anointed and the trumpet blew ; all the people said , god save king solomon . and all the people came up after him , and piped with fluits , and rejoyced with great joy , so that the earth rent with the sound of them ; so that all adonijah his company forthwith deserted him , and he and ioab were glad to flee to the hornes of the altar for shelter . after which , david assembled all the princes of israel , the princes of the tribes , the captaines of companies , thousands and hundreds , the stewards , officers , and mighty men , with all the valiant men of his kingdome , to ierusalem ; then he declared to all the congregation , that god had chosen solomon to sit upon the throne of the kingdome of the lord over israel , and to build him an house , &c. exhorting them to contribute liberally towards this building , which they did ; and when they had blessed the lord , and offered sacrifices to him all the congregation made solomon the sonne of david king the second time , and anointed him unto the lord , to be the chiefe governovr ( his first coronation being but private without the presence and consent of the whole realme , but of those only then present in ierusalem : ) then solomon sate on the throne of the lord , as king , instead of david his father , and all israel obeyed him ; and all the princes , and mighty men , and likewise all the sonnes of david submitted themselves to him as their king : after he was thus generally elected and crowned king the . time by all the congregation . and after davids death , he was established and strengthened in his kingdome by the peoples voluntary admission and free submission to him . from which history of solomon it is cleare . . that though david caused solomon to be first crowned king privately to prevent adonijah his usurpation ; yet hee thought that title not sufficient without a second election , admission , and coronation of him by all the people and generall congregation . . that till this his second inauguration by all the people , he was not generally acknowledged , nor obeyed by all as their lawfull king . . that gods and davids designation of solomon to the crown , did not take away the peoples liberty , right and power , freely to nominate , make , and choose their kings ; their preuious designation being thus accompanied with this tacit condition , that the people likewise should freely elect , constitute , and crown him for their king , else what need of this their subsequent concurrent acceptance and second coronation of him for their king , by all the congregation , if their consents and suffrages were not necessary ? or how could he have raigned over them as their lawfull king , had not the people generally chosen , accepted , admitted him for their soveraigne ? solomon deceasing , rehoboam his eldest sonne went up to sechem : ( what to doe ? not to claime the crown by discent from his father , but by election from the people , as the following history manifests ; ) for all israel were come to sechem to make him king : if to make him king , then he was no king before they had made him , as many divines most sottishly averre against the very letter of the text and iosephus ; ( who writes , that it pleased the assembly of the israelites there held , that hee should receive the kingdom by the ieoples consent . ) and ieroboam and all the congregation of israel came and spake unto rehoboam , saying , thy father made our yoake grievous : now therefore make thou the grievous service of thy father , and his heavy yoake which he put upon us lighter , and we will serve thee : ( because naturally subjects delight in mild kings , who will somwhat descend from their altitudes , saith iosephus . ) this was the condition they propounded to him before they would accept him for their king , and upon this condition only would they admit him to reigne over them ; therefore doubtlesse the disposall of the crown and limitation of the kings royall power resided in all the congregation , who had authority to prescribe their kings what equall and just conditions they pleased . and he said unto them , depart yet for three dayes , then come again to me ; and the people departed . hereupon rehoboam consulted with the old men that stood before solomon his father , while he lived , and said , how doe you advise that i may answer this people ? and they spake unto him , saying ; if thou wilt be a servant unto this people this day , and wilt serve them and answer them , and speak good words to them then they will be thy servants for ever ; but he forsooke the counsell of the old men , which they had given him , and consulted with the young men that were grown up with him , and which stood before him , and following their ill advise : when ieroboam and all the people came to rehoboam the third day , as he had appointed ; the king answered the people roughly ; and forsaking the old mens counsell , he spake unto them after the counsell of the young men , saying ; my father made your yoake heavy , and i will adde to your yoake ; my father chastised you with whips , but i will chastise you with scorpions . wherefore the king hearkned not unto the people , for the cause was from the lord , &c. so when all israel saw that the king hearkned not vnto the me the people answered the king ( through indegnation with one voyce , writes iosephus , saying ; what portion have we in david ; neither have wee inheritanc ) in the sonne of iesse , ( that is , we have not intailed our subjection nor the inheritance of this our realme to david and his seed for ever , but are still free to elect what king we please ; ) to thy tents o israel . now see to thine house , david : so israel departed to their tent● . but as for the children of israel which dwelt in the cities of iudah , rehoboam reigned over them : ( the tribes of iudah and beniamin choosing him their king by their common svffrages , writes iosephus . ) then king rehoboam sent adoram who was over the tribute ( to excuse saith iosephus , the petulancy of his young tongue , and to appease the mindes of the enraged vulgar : ) and all israel stoned him with stones that he dyed : therefore king rehoboam ( imagining truly , that himselfe was stoned in his servant , and fearing lest the once conceived hatred should be poured out on his own head , tremblingly getting up into his chariot , as hastily as he could ) made speed to flee to ierusalem . s● israel fell away from the house of david unto this day . and it came to passe when all israel heard that ieroboam was come again , that they sent and called him unto the congregation , and made him king over all israel ▪ &c. ( it being so preordained by god , king. . . to . ) loe here the whole congregation , or parliament of israel , if i may so stile it , had full and free power to reject rehoboam from the crown , for refusing to subscribe to their conditions ; to elect ieroboam for their lawfull king , and erect a new kingdome of their owne , divided ever after from that of iudah : which action i shall prove anon to be lawfull , warranted by gods owne divine authority , and no sinne , nor rebellion at all in the people ; who never admitted rehoboam for , or submitted to him as their lawfull soveraigne . so iehu having slain king ioram , ahabs eldest sonne , sent a letter to samaria where his other ▪ sonnes were brought up , to the rulers and elders there , wishing them to lookout the best and meetest of their masters sonnes , and set him on his fathers throne , and fight for their masters bouse : but they being exceedingly afraid , said ; two kings ●ould not stand before him , how then shall we stand ? and sent word to iehu , we are thy servants , and will doe all that thou shalt bid us ; we will not make any king . a clear evidence that the kingdom was then elective , and that they had power to choose the meetest man ( not eldest brother ) for their king . after this , zimri slaying baasha king of usrael , and usurping the crown , the people then encamped about gibbethon hearing of it , that zimri had conspired and also slain the king ; wherefore all israel made omri captain of the host king over israel that day in the campe , who burat zimri in his palace : then were the people divided into two parts : halfe of the people followed tibni to make him king , and halfe followed omri : but the people that followed omri prevailed against the people that followed tibni ; so tibni dyed , and omri reigned , being made king onely by the peoples free election , without any divine designation . so ioash the sonne of ahaziah , when athaliah had usurped the crowne and kingdome of iudah neer seven years space , was made king , anointed and crowned by iehoiadah the high priest , the captaines of hundreds , and all the people of the land , ( who rejoyced at it ) when he was but . yeeres old , and athaliah was apprehended , deposed , and murthered by them as an vsurpresse . so amaziah king of iudah being slain by a conspiracie at lachish , all the people of ivdah tooke vzziah who was but . yeers old , and made him king instead of his father . vzziah king of iudah being smitten with leprosie unto the day of his death , dwelt in a severall house , iotham his son ( in the mean time by common consent ) was over this house , judging the people of the land : ammon king of iudah being slain by his own servants , the people of the land slew all them that had conspired against ammon : and the people of the land made iosiah his sonne king in his stead . and after iosiah his death , the people of the land took iehoahaz the sonne of iosiah and made him king in his fathers stead in ierusalem . from all which sacred texts and presidents ; as likewise from hosea . . they have set vp kings , but not by mee ; they have made princes , and i knew it not ; it is most apparant , that the kings of israel and iudah , were usually elected by , and derived their royall authority from the people , who made them kings , and received not their kingdomes and crowns immediatly from god himself by a divine right : which may be further conmed by the . macab . . . . . after the death of iudas maccabeus ; all iudas his friends came unto ionathan his brother , and said unto him , since thy brother iudas dyed , we have none like to him to goe forth against our enemies : now therefore wee have chosen thee this day to be ovr prince and captain in his stead , that thou maist fight our battells . vpon this ionathan took the government on him at that time . after ionathans death , the people said unto simon his brother with a lowd voyce , mac. . . . thou shalt be our leader instead of iudas , and ionathan thy brother ; fight thou our battels , and whatsoever thou commandest us , wee will doe . and the iewes and priests were well pleased that simon should be their governour , captain , and high priest ; and simon accepted thereof , mac. . . to . hence carolus sigonius de repub. hebraeorum , l. . c. . writes , that the kings of the israelites were created by the suffrages of the people ; that the kingdome of israel was translated to divers families for their idola●ry ; that although the kingdome of iudah were in some sort hereditary , yet it was confirmed by the suffrages of the people ( which he proves by the example of rehoboam and others ) and that they obtained the royall dignity not onely by inheritance , but likewise by the suffrages of the people , as every one may clearly know , who shall but consider the histories of their kings ; which plainly refutes the wild , impudent , false assertion of the author of an appeale to thy conscience , newly published , p. . where thus he writes : observable it is , that thorowout the whole scriptures we read not of any king ( i doubt hee never read the scriptures , else he could not be so grossely mistaken ) that was chosen by the voyce of the people : nor of an aristocracy , that is , where the nobles govern , nor of a democracy , that is where the people govern . and therefore let them consider how they can answer it at the last day , who shall endeavour to change an hereditary kingdome into an elective , or any other forme of government whatsoever : that the people doe properly and absolutely make a king is false , &c. but had this illiterate ignoramus seriously perused the precedent or subsequent texts here cited , with the best commentators on them , or read over advisedly , iosh. . iudges . . c. . . c. . . c. . throughout ; with the books of ezra , nehemiah , iudges , esther , maccabees , the four euangelists touching christs arraignment and death , acts . . . . . and chapters or consulted with iosephus , philo , paul eber , godwin , cunaeus , ●igonius , bertrā , or any others who have written of the jewish antiquities or republike , he could not have had the impudency to have published such grosse untruths , and should have found not onely divers kings in scripture created by the voyce of the people , but an hereditary kingdom oft changed into an elective , yea into an aristocraticall and no royall government ; and an aristocracie and democracy to , even among the jews themselves , whose government before their kings : was meerly aristocraticall , as iosephus antiqu. iud. l. . c. . carolus sigonius de repub. hebr. l. . c. . cunaeus , s●hickardus , bertram , paul eber , and all others that i have seen , except this animal irrationale risibile , punctually determine , they having no kings of their own before saul , nor any after zedekiah . therefore i shall spend no more waste paper to refute this palpable errour , so confidently asserted by parisiticall court doctors , who make no conscience of writing any , though the grossest untruths , which may advance the absolute soveraign arbitrary tyrannicall government of kings , to oppresse and inslave the people . thirdly , that the kings of iudah and israel were no absolute soveraign princes , but took their crown with and upon such divine conditions , for breach whereof they and their posterities were oft times by gods command , just judgement , and speciall approbation deposed , disinherited , destroyed , and the crown translated to other families . this is evident by direct scriptures , deuter. . . to the end . thou shalt in any wise set him king over thee whom the lord thy god shalt chuse ; one from among thy brethren shalt thou set king over thee ; thou maist not set a stranger over thee , which is not thy brother . here is an expresse limitation and condition in respect of the person of the king ; the conditions in regard of his royall administration follow , which are partly negative , partly positive , but he shall not multiplie horses to himself , nor cause the the people to return to egypt , &c. neither shall he multiply wives to himself , that his heart turn not away ; neither shall he greatly multiply to himself silver and gold . and it shall be when he sitteth on the throne of his kingdome , that he shall write him a copie of this law in a book , out of that which is before the priests the levites ; and it shall be with him , and he shall read therein all the dayes of his life , that he may learn to fear the lord his god , to keep all the words of this law , and these statutes to do them ; that his heart be not lifted up above his brethren , and that he turn not aside from the commandment to the right hand or to the left , to the end that he may prolong his dayes in his kingdom , he and his children in the midst of israel . here all the kings of the israelites when their kingdoms should be erected , are strictly bound by god himself to negative and positive conditions , upon performance whereof , they and their children should prolong their dayes in the kingdom , and perpetuate their thrones in the midst of israel , and upon breach whereof they and their posterity should lose both their lives and kingdom to ; as the last clause insinuates , and the subsequent texts in direct terms averre . but what if the king should violate these conditions , might the people lawfully resist him ? iosephus in his paraphrase on this very text , which i shall cite at large , resolves they might ; truely the government of the best me● ( or aristocraticall government ) is best ; and to live in a republike thus administred , nor is there cause why you should desire any other kinde of government , but it is best , that contenting y●●rselves with this , you continue with in the power of your laws and of your selves : but if the desire of a king shall possesse you , let there be none unlesse he be of your stock , and blood , and one to whom justice , with other vertues , are cordiall : he whosoever he shall be , let him attribute more to the lawes and unto god , than to his own wisedome , and let him do nothing withovt the high priests and s●nates advice ; neither may he nourish many wives , nor possesse very much money , and many horses , with the plenty of which things he may easily become a contemner of the laws ; and if he shall addict himself to these things more then is meet , obstandvm est , ne potentior fiat quamrebus vestris expedit , he is to be resisted , lest he become more potent then is expedient for your affairs : so he . yea zuinglius with b. bilson expresly resolve , that the people were bound to resist , question and depose their kings for their idolatry , and breach of these conditions ; and that god himself justly punished them for manasses sins and wickednesse , because they resisted and punished him not for them , as they were obliged to do ; as i have elswhere manifested , to which i shall refer you . this condition most clearly appears in other texts ; as in the sam. , , , , . where when saul the first king of the israelites was crowned at their earnest importunity , against gods and samuels approbation , samuel used these speeches to them , now thereforebehold the king whom ye have chosen , and whom ye have desired , &c. if ye will fear the lord and serve him , and obey his voyce , and not rebell against the commandment of the lord , then shall both ye and also the king that reigneth over you continue following the lord your god. but if ye will not obey the voice of the lord , but will rebell against the voyce of the lord , then shall the hand of the lord be against you , as it was against your fathers , &c. but if ye shall do wickedly , ye shall be consumed both ye and your king. after this saul being distressed by the philistines , weary of staying for samuel , and presuming to offer sacrifice without him , hereupon samuel said to saul , thou hast done foolishly , for thou hast not kept the commandment of the lord thy god , which he commanded thee , for now would the lord have established thy kingdom upon israel for ever ; but now thy kingdom shall not continve , for the lord hath chosen him a man after his own heart , and the lord hath commanded him to be captain over his people , becavse thov hast not kept that which the lord commanded thee . lo here the breach of gods conditions by king saul , forfeited his kingdom , and disinherited his posterity of it . so when he performed not gods command , in utterly destroying amalck , sparing agag and the best of the things ; samuel sharply reprehending him for this offence , said unto him , behold , to obey is better then sacrifice , and to hearken than the fat of rams ; for rebellion ( namely , king sauls rebellion against gods command , not subjects rebellion against their prince , not so much as once dreamed off in this text as court doctors grosly mistake , a●d so miserably pervert this scripture contrary to the sence and meaning , translating it from kings to subjects , from king rebellion against god , to subjects rebellion against men ) is as the sin of witchcraft , and stubbornnesse is as iniquity and idolatry . becavse thou hast rejected the word of the lord , he hath also reiected thee from being king : i will not return with thee , for thou hast rejected the word of the lord , and the lord hath reiected thee from being king over israel ; the lord hath rent the kingdom of israel from thee this day , and hath given it to a neighbour of thine , that is better then thou . also the strength of israel will not lie nor repent , for he is not as men , that he should repent ; ( to wit , of renting the kingdom from him ) though he repented that he had made saul king over israel , because he turned back from following him , and performed not his commandments , sam. . . . after which god said to samuel , how long wilt thou mourn for saul , seeing i have reiected him from reigning over israel ? fill thine horn with oyl , and i will send thee to iesse the bethlemite , for i have provided me a king among his sons ; whereupon he went and annoynted david , who succeeded him in the kingdom , sauls posterity being utterly disinherited for his recited sins . after this when god setled the kingdom upon david and his seed after him , it was upon condition of obedience , and threatning of corrections even by men , if they transgressed : the lord telleth thee , that he will make thee an house ; and when thy dayes be fulfilled , and thou shalt steep with thy fathers , then i will set up thy seed after thee , which shall proceed out of thy bowels , and i will establish the throne of his kingdom for ever ; i will be his father , and he shall be my son ; if he commit iniquity , i will chastise him with the rod of men , and with the stripes of the children of men : ( that is , i will not chasten him immediately by my self , but by men my instruments , even by ieroboam , and his own subjects the ten tribes , or other enemies whom i will raise up against him and his posteritie , kings . , to . ) but my mercy shall not depart away from him , as i took it from saul , whom i put away before thee : and thine house and thy kingdom shall be established for ever before thee : yet still upon condition of obedience , as is most apparent by davids speech to king solomon , chron. . , , , , . and the lord hath chosen solomon my son , to set him upon the throne of the kingdom of the lord , over all israel ; and he said to me , &c. moreover , i will establish his kingdom for ever , if he continue constant to do my commandments , and my judgements , as at this day . now therefore in the sight of all israel , the congregation of the lord , and in the audience of our god , keep , and seek for all the commandmens of the lord your god , that ye may possosse the good land , and leave it for an inheritance for your children after you for ever . and thou solomon my son , know thou the lord god of thy father , and serve him with a perfect heart , and with a willing minde ; for the lord searcheth all hearts , and understandeth all the imaginations of the thoughts , if thou seek him , he will be found of thee , but if thou forsake him , he will cast thee off for ever ; notwithstanding the former covenant and establishment , which was but conditionall , not absolute , as the renting of the ten tribes from his son , and the determining of the very kingdom of iudah it self in zedekiah , ( after which it never returned any more to davids line ) infallibly evidence . hence we read in the kings . that solomons idolatrous wives , turning away his heart from following the lord , and drawing him to commit idolatry in his old age ; hereupon the lord grew angry with solomon ; wherefore the lord said unto him ; for as much as this is done of thee , and thou hast not kept my covenant and my statutes which i have commanded thee , i will surely rend the kingdom from thee , and will give it to thy servant ; notwithstanding in thy dayes i will not do it , for david thy fathers sake ; but i will rend it out of the hand of thy son : howbeit i will not rend away all the kingdom , but will give one tribe to thy sonne , for my servant davids sake , and for jerusalems sake which i have chosen . in pursuance whereof the prophet ahijah rending i●roboams garment into peeces , said to ieroboam , take thee ten peeces , for thus saith the lord the god of israel , behold , i will rend the kingdom out of the hand of solomon , and will give t●n tribes to thee ; becavse that they have forsaken me , and have worshipped the goddesse of the zidonians , &c. and have not walked in my wayes , to doe that which is right in mine eyes , to keep my statuts and my judgements , as did david his father ; howbeit i will not take the whole kingdome out of his hands ; but i will make him prince all the dayes of his life , for david my servants sake whom i chose , because he kept my commandements and my statutes : but i will take the kingdome out of his sonnes hand , and give it unto thee , even ten tribes . and unto his sonne will i give one tribe , that david my servant may have a light alway before me in ierusalem , the city which i have chosen to put my name there . and i will take thee , and thou shalt reigne according to all that thy soule desireth , and shalt be king over israel . ( but what , without any limitation or condition at all think you ? no such matter : ) and it shall be if thov wilt hearken vnto all that i command thee , and wilt walk in my wayes and doe that is right in my sight , to keep my statutes and my commandements , as david my servant did , that i will be with thee , and build thee a sure house , as i built for david , and will give israel to thee : and i will for this afflict the seed of david , but not for ever . loe here both kingdomes of iudah and israel , are given and entailed on david , solomon , and ieroboam onely upon condition of good behaviour ; which not performed , they shall be rent from either : and was this only a vain idle condition , as some deem the covenants and coronation oathes of kings to god and their kingdoms ? surely no , for we read experimentall verifications of them in king rehoboam ; who answering all the people and ieroboam when they came to sechem to make him king , roughly , according to the counsell of the young men , and threatning to adde to their yoake , instead of making it lighter ; and hearkning not unto the people , ( for the cavse was from the lord , that he might perform his saying , which he spake by abijah the shilomite unto ieroboam the sonne of nebat ; ) thereupon , when all israel saw , that the king hearkned not unto them , the people answered the king , saying ; what portion have we in david ; neither have we inheritance in the son of iesse ; to your tents o israel ; now see to thine own house david ; so israel departed to their tents , stoned adoram who was over the tribute , whom rehoboam sent to appease them ; whereupon rehoboam made speed to get him into his chariot to flee to ierusalem ; so all israel fell away from the house of david to this day ; and calling ieroboam unto the congregation , made him king over all israel : there was none that followed the house of david , but the tribe of iudah onely . vpon this revolt , when rehoboam was come to ierusalem , he assembled all the house of iudah , with the tribe of benjamin , an hundred and fourescore thousand chosen men which were warriers to fight against the house of israel , to bring the kingdome again to rehoboam the sonne of solomon ; but the word of god came unto shemaiah the man of god , saying , speake unto rehoboam the sonne of solomon king of iudah , and unto all the house of iudah and benjamin , and to the remnant of the people , saying : thus saith the lord ; yee shall not goe up , nor fight against your brethren the children of israel : return every man to his house , for this thing is done by mee . they hearkned therefore unto the word of the lord , and returned to depart , according to the word of the lord. behold here an experimentall forfeiture of a kingdome , and translation of the major part of it to another family , for solomons idolatry , executed by the peple through gods appointment ; which being fore-threatned in the generall by god himselfe to david , and by david to solomon in case he transgressed , predicted by way of menace to solomon and ieroboam , by god himselfe and his prophets after solomons transgression , executed by the people by gods speciall direction and approbation ; and thus owned and justified by god in the peoples behalfe after the execution , when rehoboam would have made war against them for this revolt , must certainly be acknowledged , not only a ●ust and warrantable action in respect of god himselfe , but likewise of the people , unlesse we will make god himselfe the author and approver of rebellion . by all which it is apparant , that solomon and rehoboam held their crownes onely upon condition from god , the breach whereof might and did forfeit them to the people in some measure : and so did ieroboam too , hold the kingdome of israel newly erected by the people after this revolt , upon the conditions of obedience , already mentioned , which being violated by his setting up calves in dan and bethel , out of an unwarrantable policy to keep the people from returning to rehoboam if they went up to ierusalem to worship ; this thing became sin to the house of ieroboam , even to cut it off and destroy it from off the face of the earth , king. . . for ieroboam committing idolatry with the calves , ahijah the prophet sent him this sharp message by his wife , k. . , , , , . go tell jeroboam , thus saith the lord god of israel , for as much as i exalted thee from among the people , and made thee prince over my people israel , and rent the kingdom away from the house of david , and gave it thee , ye● thou hast not been as my servant david , who kept my commandements , and who followed me with all his heart , to do that onely which was right in mine eyes , but hast done evill above all that were before thee ; for thou hast gone and made thee other gods , and molten images , to provoke me to anger , and hast cast me behinde thy backe ; therefore behold i will bring evill upon the house of ieroboam , and will cut off from ieroboam him that pisseth against the wall , and him that is shut up and left in israel , and will take away the remnant of the house of ieroboam , as a man taketh away dung till it be gone : him that dieth of ieroboam , in the the citie shall the dogs eat , and him that dieth in the field shall the fowls of the ayre eat , for the lord hath spoken it . moreover , the lord shall raise him up a king over israel , who shall cut off the house of ieroboam in that day . neither was this an unexcuted commination , for ieroboam dying , and nadah his sonne succeeding him both in his kingdom and idolatries , wherewith he made israel to sinne , baasha ( by gods just judgement ) conspired against him , slew him , reigned in his stead ; and when he reigned he smote all the house of ieroboam , so that he left not to him any that breathed ; according to the saying of the lord which he spake by his servant abijah ; because of the sins of ieroboam which he sinned , and which he made israel sin , by his provocation wherewith he provoked the lord god of israel to anger . after which baasha walking in the wayes and sins of ieroboam notwithstanding this exemplary judgement of god on him and his posteritie , the word of the lord came to iehu sonne of hannani , against baasha , saying , forasmuch as i exalted thee out of the dust , and made thee prince over my people israel , and thou hast walked in the way of ieroboam , and hast made my people of israel to sinne , to provoke me to anger with their sins ; behold , i will take away the posterity of baasha , and the posteritie of his house , and will make his house like the house of ieroboam the son of n●bat ; him that dieth of baasha in the city shall the dogs eate , and him that dieth in the field shall the fowls of the ayre eate : which judgement was actually executed upon his evill sonne king elah , whom zimri the captain of his chariots slew , as he was drinking himself drunk in the house of arza steward of his house , and reigned in his stead ; and assoon as he sat in his throne , he slew all the house of baasha , he left him none that pissed against the wall , neither of his kinsfolks , nor of his friends . thus did zimri destroy all the house of baasha , according to the word of the lord , which he spake against baasha , by iehu the prophet , for all the sinnes of baasha , and the sins of elah his son , by which they sinned , and by which they made israel to sinne , in provoking the lord god of israel to anger witb their vanities . king om●i and ahab his sonne going on in the sinnes of ieroboam , serving baal to boot , persecuting gods prophets , putting naboth most injuriously to death for his vineyard , by iezabels instigation , and setting himself to work evill in the sight of the lord , above all that were before him : hereupon the prophet elijah tells him , thus saith the lord , behold , i will bring evill upon thee , and will take away thy posterity , and will cut off from ahab him that pisseth against the wall , and him that is shut up and left in israel , and will make thine house like the house of ieroboam the son of nebat , and like the house of baasha the sonne of ahijah , for the provocation wherewith thou hast provoked me to anger , and made israel to sinne : and of iezabel also spake the lord , saying , the dogs shall eat iezabel by the wall of iezreel ; him that dieth of ahab in the city the dogs shall eat , and him that dieth in the field shall the fowls of the ayre eate . neither was this a vain threatning , for ahab being slain at ramoth gilead , the dogges licked up his blood in the place where they licked the blood of naboth ; and iehoram his son succeeding him , both in his throne and sins , god himself annoynted iehu king over israel , of purpose to execute this his vengeance against the house of ahab and iezabel ; who in execution thereof slew both king iehoram , ahaziah king of iudah , iezabel , and all ahabs sons and posteritie , his great men , nobles , with all the priests and worshippers of baal , till he left none of them remaining : for which severe execution of gods iustice , the lord said unto iehu , because thou hast done well in executing that which is right in mine eyes , and hast done unto the house of ahab according to all that was in mine heart , thy children of the fourth generation , shall sit on the throne of israel . which action of iehu being thus specially commanded , commended , and remunerated with such a temporell reward by god himself , must questionlesse be lawfull , and no treason nor rebellion in iehu , unlesse we will charge god to be both the author , approver and rewarder of those sinnes . after this iehu walking in the sins of ieroboam , though god deprived him not for it , yet he stirred up hazael to spoil and waste his countrey , during all his reigne , and the reigns of king iehoahaz his son and ioash his granchilde , who succeeded him in his idolatries ; and zechariah the last king of iehu's race , going in his ancestors sinnes , was slain by shallum , who reigned in his stead . shallum , pekahiah , and pekah three wicked idolatrous kings of israel , were by gods just judgement , successively s●ain one of another , and by hoshea . so that all the kings of israel , who violated gods covenants and conditions annexed to their crowns , did for the most part lose their lives , crownes , and underwent the utter extirpation of their po●●erities , being totally cut off by the sword , neither succeeding their parents in their crowns nor inheritances . and though the royall crown of iudah continned in davids line till the captivity of zedekiah , the last king of his race ; yet when ever they infringed the conditions which god annexed to their crownes , and turned idolaters or flagitious persons , god presently ( by way of revenge ) either brought in forraigne enemies upon them , which mastered , conquered them , and sometimes deposed and carried them away captives , or made them tributaries , as the examples of king rehoboam , afflicted by shishak king of aegypt , for his sinnes and ●dolatry , and by ieroboam all his dayes ▪ of ahijam , iehoram , ahaziah , ioash , amaziah , ahaz , manasseh , iehoahaz , iehoiakim , iehoiachin , and zedechiah , ( whose histories , troubles , captivities and punishments you may reade at large ) with others witnesse : or else caused their own servants , subjects , enemies to rise up against them , to slay them , as is evident by king ahaziah , ioash ; amaziah , ammon , and others . all which are unanswerable evidences and experimentall demonstrations , that the kingdoms of iudah and israel were both held of god upon conditions , and that for the breach of these conditio●s they might be , and oft times were ( by gods iustice on them ) both lawfully deprived of their crownes , and their posterities , disinherited , yea , totally cut off for ever ; and in conclusion , both these most eminent kingdoms , for the sins of kings and people , were invaded , destroyed , and both kings with people carried away captives by their enemies , into forraigne countries , from whence the whole nation never afterwards returned , nor ever after attained to a king and kingdom of their own : so fatall is it for kings , or kingdoms to break those covenants , laws , conditions which god himself hath prescribed them ; and so far are any kings from being exempted from all laws , and left at libertie to do what they please , that the breach of them proves destructive to them and theirs . i shall onely adde to this by way of corollary , that all the israelites rulers , kings , people did joyntly and severally for themselves for the whole nation in generall , and every of them in particular , frequently enter into solemn vowes and covenants with god , to serve the lord , to be and conttnue his people ; to seek the lord god of their fathers with all their heart , and with all their soul ; that whosoever would not seek the lord god of israel , should be put to death , whether small or great , whether ma● or woman , ( not the king or queen excepted ; ) and they sware unto the lord with a loud voice , and with shouting , and with trumpets , and with cornets , and all rejoyced at the oath , for they had sworn with all their hearts . witnesse the covenant made by ioshua and all the people , to serve the lord ; by samuel , saul , and all the people at sauls coronation , and by king asa and all his people , to seek the lord , &c. ( who in pursuance thereof removed his mother maacha from being queen , because she had made an idol in a grove , and cut down her idol , and stampt it , and burnt it at the brook kidron , chron. . . of king david , solomon , and all the people at solomons coronation ; between king iehoash , iehoiada and all the congregation at his inauguration , that they should be the lords people : in pursuance whereof all the people went to the house of baal , and brake it down , and brake his altars and images in pieces , and slew mattan the priest of baal before the altars ; between hezekiah and all his subjects and god ; between iosiah and all that were present in ierusalem and benjamin and gad , who made a covenant before the lord , to walk after the lord , and to keep his commandments , and his testimonies , and his statutes , with all their heart , and with all their soul , to perform the words of the covenant formerly written in the book of the covenant that was found in the house of the lord ; in execution whereof iosiah tooke away all the abominations out of all the countrey that pertained to the children of israel , and made all that were present in israel to serve the lord their god , and not to depart from following the lord god of their fathers all his dayes : together with the like solemne publike covenants made by ezra , nehemia● and all the people unto god ; which covenant the princes , levites , priests and all the people sealed , and entred into a curse and into an oath to walk in gods law , and to observe and doe all the commandments , judgements and statutes of the lord , &c. and that god himself expresly commanded them , that if any prophet or dreamer of dreams , or thy brother or son of thy mother , or thy daughter , or the wife of thy bosom , or thy friend which is as thine own soul , should secretly intice them to commit idolatry , or serve other gods , they should neither consent nor hearken to , nor pitty , nor spare , nor conceal him , but shalt surely kill him ; thy hand shall be first upon him to put him to death , and after the hand of all the people , and thou shalt stone him with stones , that he die , onely for this secret inticement to idolatry : and all israel shall hear , and fear , and do no more such wickednesse as this is . and if they should hear , that the inhabitants of any city were seduced to serve other gods , tben they must diligently search and inquire after it ; and if it be truth and the thing certain , that such abomination was wrought among them , then they shall surely smite the inhabitants of that city with the edge of the sword , destroying it utterly , and all that is therein , and the cattell thereof with the edge of the sword ; and gather all the spoil of it into the midst of the street thereof , and burn the city with all the spoile thereof every whit for the lord their god , and it shall be an heap for ever , and shall not be built again : in pursuance whereof the ten tribes and a half , assembled to warre against the reubenites , gadites , and half tribe of manasseh , for their supposed idolatrous alter ; and all the children of israel assembled together as one man , and made warre against the men of gibeah and the benjamites , for not punishing the grosse rape of the levites concubine , destroying the city utterly , and the tribe of benjamin too welnigh . and upon this ground , the city of libnah revolted from under the hand of iehoram the idolatrous king of iudah , because he had forsaken the lord god of his fathers . and as some learned men conceive the people made a conspiracie against king amaziah in ierusalem , and he fled to lachish , but they sent after him to lachish and ●lew him there ; not privately but openly , as acted by publike authoritie , consent , and meditated deliberation , not out of any private hatred , but for his impietie , whereby he violated the chiefest part of his oath and covenant ; whereupon we read not of any complaint , or inquisition , or proceedings , or punishment inflicted on those that slew him after his death , either by the people , or his children , as there was upon those who slew king ammon ; but being slain , they brought him back on horses , and he was buried at ierusalem with his fathers in the citie of david , out of reverence to his royall dignity and family ; and all the people of iudah took azariah , and made him king in stead of his father amaziah ; which plainly shewes , that what was formerly done by the greater part of the states at ierusalem , was afterwards confirmed by common consent , as done upon a just cause , and executed by command of those who might lawfully doe it . whence they conclude , that the orders or states of the people of israel had right to chuse what king they would themselves , out of the family of david ; and being elected ▪ afterward to correct and punish him as there was cause : that they were obliged by this covenant made to god , both to reprehend , resist , oppose , yea , depose , if not put to death their king for his open incorrigible idolatries and sins , by common consent , as their king was obliged to punish and put them to death for their idolatries and crimes , their kings being included within their covenants ; and gods inhibition of idolatry under pain of capitall punishments , extending to kings , as well as others , if not more then to any , because their examples were most pernicious ; and they were as far forth bound by their joynt covenants made to god with their kings to hinder their kings from , and to proceed against them for their idolatries , as their kings were to impedite and punish them for their breach of covenant , and because god himself did punish them for their kings idolatries , as is evedent by ier. . , to . and the history of the kings , and chronicles every where , which god would not in justice have done , had not the people both just right and power to resist , hinder , censure , punish , depose their kings by publike consent of the state and people for their idolatries and breach of covenant , as zuinglius , stephanus iunius brutus , the author of the treatise de iure magistratus in subditos , with others , prove at large , and master calvin , yea bishop bilson himself , assents to . such a soveraign power had the whole state and congregation of israel and iudah over their kings themselves , whose estates in their crownes and kingdoms by gods own institution , was not absolute , but onely conditionall , and subject unto forfeiture , upon breach of these covenants and conditions by which they did injoy them . fourthly , the kings of iudah and israel were no absolute soveraign princes paramount their whole kingdoms , the generall co●gregation of the people , senate or sanhedrin , but inferiour to them in power , and not onely counselled , but over-ruled usually by them in matters of publike concernment : this is evident not onely by iosh. . . to . and iudges . and . where the whole congregation of israel , as the soveraign power , in the dayes of ioshua and the iudges assembled about the great causes of the reubenites , gadites , and half● the tribe of manasseh , concerning their altar , and of the gibeonites and benjamites , concluding both matters of publike war and peace ; but likewise by the peoples rescuing ionathan out of the hands and power of king saul his father , that he died not , though saul had twice vowed that he should be put to death , sam. . . to . and the people said unto saul , shall ionathan die who hath wrought this great salvation in israel ? god forbid ; as the lord liveth there shall not one hair of his head fall to the ground , for he hath wrought with god this day : so the people rescued ionathan that he died not . by the chron. . . to . where thus we reade : and david consulted with the ca●tains of thousands and hundreds , and with every leader , and david said unto all the congregation of israel , if it seeme good unto you , and that it be of the lord our god , let us send abroad unto our brethren every where that are left in all the land of israel , and with them also to the priests and levites which are in their cities and suburbs , that they may gather themselves unto us ; and let us bring again the ark of our god to us , for we enquired not at it in the dayes of saul . and all the congregation said , that they would do so , for the thing was right in the eyes of all the people . and david went up and all israel to baalah , to bring up thence the arke of god the lord. compared with the samuel . , , . where when david sent out the people to battell against absalon under three commaunders , the king said unto the people , i will surely goe forth with you my selfe also : but the people answered , thou shalt not go forth ; for if we flee away , they will not care for us , neither if halfe of us die will they care for us ; but now thou art worth ten thousand of us , therefore now is better that thou succour us out of the citie : and the king said unto them , whatsoever seemeth you good that i will doe ; and thereupon stayed behinde in the city , as they advised him . so he likewise followed ioabs advice , to go forth and sit in the gate , and speak comfortably to the people after his mourning for absalons death , else not one of the people would have tarried with him that night , samuel . . . to . and by this means all the people came before him though they had formerly fled every man to his tent ; and he so engaged them to him , that all the people were at strife thorowout all the tribes of israel , to bring the king back again to gilgal , whence absalon had chased him . adde to this the kings . . to . and chron. c. . and . where we finde , that after solomons death , all israel came to sechem to make rehoboam king ; and all the congregation of israel spake unto rehoboam , saying , thy father made our yoak grievous , now therefore make thou the grievous service of thy father , and his heavy yoak which he put upon us , lighter , and we will serve thee . and he said unto them , depart ye for three dayes , and then come again ; and the people departed . in the mean time he consulted first with the old men , after that with the young men about him , what answer he should return ; who giving contrary advice , ieroboam and all the people coming to him again the third day , the king answered the people roughly , after the counsell of the young men , saying , my father made your yoke heavy , and i will adde to your yoke ; my father chastised you with whips , but i will chastise you with scorpions : so when all the people saw that the king hearkned not to them , the people answered the king , saying , what portion have we in david ? neither have we inheritance in the son of iesse , to your tents ô israel ; now see to thine own house david : so israel departed to their tents , and fell away from the house of david unto this day : and all israel called ieroboam unto the congregation , and made him king over all i●rael : and the text expresly addes this memorable observation , wherefore the king h●●rkned not unto the people , for the cause was from the lord , that he might p●rform his saying , which the lord spake by abijah the shilonite to ieroboam the son of nebat● where we see the kings not hearkning to the people and congregation of israel in their just request , and giving them an harsh answer , was a sufficient ground and occasion for them , to cast off his government , and elect another king to reign over them , and that with divine approbation from god himself : such was the whole people● and congregations soveraigne power over their kings . we reade in the kings . . to . that when benhadad king of syria gathered a great host , and sent to a●ab king israel , to resign up all his silver , gold , wives , children , and pleasant things into the hand of his servants : then the king of israel called all the elders of the lan● , and ●aid , heark , i pray you , and see how this man seeketh mischief , for he sent unto me for my wives and for my children , for my silver , and for my gold , and i denyed him not : and all the el●ers , and all the people , said unto him , hearken not unto him , nor consent . wherefore he said unto the messengers of benhaded , tell my lord the king , all that thou didst send for to thy servant at first , i will do , but this thing i may not do . where the elders and people both advise and over-rule the king in this matter of great importance both to the kingdom and k●ng , who returned no answer to this publike case without the congregations publik advise . so hezekiah king of iudah sent to all israel and iudah , and wrote letters also to ephraim and manasseh , that they should come to the house of the lord at ierusalem , to keep the passeover unto the lord god of israel ; for hezekiah had taken counsell , and his princes , and all the congregation in ierusalem , to keep the passeover in the second moneth , for they could not keep it at that time , because the people had not sanctified themselves sufficiently ; neither had the people gathered themselves together at ierusalem ; and the thing pleased the king and all the congregation , so they established a decrée , to make proclamation throughout all israel , from bersheba even to dan , that they should come to keep the passeover unto the lord god of israel at ierusalem , for they had not done it of a long time , in such sort as it was written . so the posts went with the letters from the king and the princes , throughout all israel , and iudah , &c. vers . . also in iudah the hand of god was to give them one heart to doe the commandement of the king and of the princes , by the word of the lord ; and vers . . and the whole assembly took counsell to keep other seven dayes ; and they kept other seven dayes with gladnesse ; and all the congregation of iudah and israel rejoyced : vers . . when all this was finished all israel that were present , went to the cities of iudah and brake the images in pieces and cut down the groves , and threw downe the high places and the altars out of all iudah and benjamin , in ephraim also and manasseth , untill they had utterly destroyed them all . then all the children of israel , returned every man to his possession into their owne city : in the chron. . . when hezekiah saw that senacherib was come , and that he was purposed to fight against ierusalem ; he took councell with his princes and his mighty men , to stop the waters of the fountaine which were without the city , and they did help him , and there was gathered much people together , who stopped all the fountaines , &c. adde hereunto that notable text , ier. . . to . where when the prophet ieremy had prophecied , that ierusalem should be given into the hands of the king of babylons army which should take it ; therefore the princes hereupon said unto the king ; we beseech thee , let this man be put to death ; for thus he weakneth the hands of the men of warre that remain in this city , and the hands of all the people , in speaking such words unto them ; for this man seeketh not the welfare of this people , but the hurt : then zedechiah the king said ; behold he is in your hand ; for the king is not he that can doe any thing against you . and ier. . . to . now it came to passe when ieremiah had made an end of speaking all that the lord had commanded him to speake unto all the people , that the priests , the prophets , and all the people tooke him , saying ; thou shalt surely dye , &c. so ezra . . to . there assembled unto ezra , a very great congregation of men , &c. and they said unto ezra , we have trespassed against our god , and have taken strange wives of the people of the land ; yet now there is hope in israel concerning this thing . now therfore let us make a covenant with our god to put away all the strange wives , &c. and let it be don according to the law : and all i●rael said that they would doe according to this word . and they made proclamation throughout iudah and ierusalem unto all the children of the captivity , that they should gather themselves unto ierusalem ; and that whosoever would not come within . dayes according to the councell of the princes and the elders , all his substance should be forfeited , and himselfe seperated from the congregation of those that had been carryed away : then all the men of iudah and benjamin gathered themselves together unto ierusalem , within three dayes , and all the people sate in the street of the house of god trembling , hecause of this matter and for the great raine . and ezra the priest stood up and said unto them , ye have transgressed and taken strange wives to encrease the trespasse of israel ; now therefore make confession unto the lord god of your fathers , and doe his pleasure , and seperate your selves from the people of the land , and from the strange wives . then all the congregation answered , and said with a l●wd voyce ; as thou hast said , so must we doe ; but the people are many , and it is a time of much raine , and we are not able to stand without , neither is this a worke of one day or two ; for we are many that have transgressed in this thing : let now our rulers of all the congregation stand , and let them which have taken strange wives in our cities , come at appointed times , and with them the elders of every city and the iudges thereof , untill the fierce wrath of our god for this matter , be turned from us : and the children of the captivity did so . where we see the whole congregation determine and direct all that was done in this grand common businesse : and esther . . to . the iewes ( upon mordecaies and esthers letters , after the slaughter of their enemies ) ordained and took upon them and upon their séed , and upon all such as joyned themselves unto them , so as it should not faile , that they would keep the . and . day of the month adar , and make it a day of feasting and gladnesse , according to their writing , and according to their appointed time every yeare : and that these dayes should be kept and remembred thorowout every generation , every family , every province , and every city , and that these dayes of purim should not faile from among the iewes , nor the memoriall of them perish from their seed : and the decree of esther confirmed those mater of purim , as they had decreed for themselves and their séed . from all these texts ( compared with prov. . . c. . . c. . . ) it is most apparant : that the kings of iudah and israel were no absolute soveraigne princes paramount their whole kingdomes , or the generall senate and congregation of the people , or their sanhedrin , but inferiour to them in power ; and not onely counselled but over-ruled usually by them , in all matters of publike concernment . a truth so pregnant , that bp. bilson himself from some of these texts confesseth , that it is a question among the learned ; what soveraignty the whole people of israel had over their kings ; and that these scriptures have perswaded some , and might lead zuinglius to thinke , that the people of israel , notwithstanding they called for a king , yet reserved to themselves sufficient authority to over-rule their king , in those thiugs which séemed expedient and néedfull for the publike well-fare , else god would not punish the people for their kings iniquity , which they must suffer and not redresse . hence that eminent ●ew iosephus ( a man best acquainted of any , with his owne nations antiquities , lawes , and the prerogatives of their kings ) resolves in direct termes ; that their king , whosoever he were , ought to attribute more to the lawes , and to god , then to his own wisdome , aud to doe nothing without the advice of the high-priest and senate ; and that if he multiplyed horses , and many more then was fitting they might resist him , lest he became more potent then was expedient for their affaires . hence petrus cunaeus de repub. hebr. l. . c. . p. . . writes thus of the sanhedrin or parliament among the iewes . thus the prophets , who grievously offended , were no where else punishable but in this assembly ; which ( quod summae petestatis est ) as it is an argument of the supremest power ) did both constitute the king : ac de bello gerendo deque hostibus profligandis & de proferend● imperio deliber ab●ut . sed quoniam haec ejusmodi erant in quibus salus omnium , & summae reipublicae vertebatur , consultatum de his plerumque cum populo est ; indictaeenim comitiae sunt , in quibus solis populus partem aliquam caperet regendae reipublicae , &c. de rege igitur deque bello , ut dixi , decretafacta interdum populi auctore sunt . caetera omnia senatores sanhedrin per se expe●ivere . so that the sanhedrin and congregation of the people were the highest soveraigne power , and principall determiners of publike matters concerning warre and peace , by cunaeus his resolution : who debating this weighty controversie , what the scepter of iudah was ( prophesied of gen. . . ) and what and whose the majesty of the empire was ? determines thus . i suppose the scepter to be nothing else , but the majesty of the empire or government , to wit that , qnae ipsi reipublicae assidet , which belong● to the republike it selfe . wherefore whos 's the republike is , the scepter ought to be said theirs . now the hebrew republike from moses his time till the kingdome of rehoboam , was not of the iewes ( or tribe of iudah ) but of the twelve tribes , from whence it followes , that even the scepter for all those times was of all the israelites . now of this scepter , which was long common to all the twelve tribes , the divine patriarke spake not in that most famous oracle : for he looked at latter yeares , and future ages , when as the tribe of iudah , the people being divided into contrary parts , began to have its republike apart from the israelites , which god approved and loved ; and would have to be called iewish , from the tribe of iudah alone , untill hee ( to wit christ ) should be given to the assemblies of men , to whom not onely the empire of the iewes , but gentiles also was destinated . and verily this majesty of the scepter , from the time it once began to be of the iewes , we say continued to be theirs , although the state of the commonweale was sometimes changed , and the soveraignty of the empire was sometimes in the elders and high priests , sometimes in the kings and princes . they doe too foolishly , who here dance in a narrow compasse , and suppose that the honour of this name appertaines not but to kings ? for what people soever , useth its owne republike and its lawes , is recte glor●ari de imperio deque sceptro potest , it may rightly boast of its empire and scepter . it is recorded , that at ierusalem even at that time , when not the princes but the elders governed the people , in the midst of the great councell , which they called the sanhedrin , there hung a scepter , which thing verily was a certain ensign of its majesty ; which marcus tullius in a particular oration , saith , esse magnitudinem quandam populi , in ejus potestate ac jure retinendo , quae vertitur in imperio , atque omnis populi dignitate . not kings , not princes , but consuls and the senate managed the roman common-wealth ; whence this law of truce was given to the aetolians , which livy reports , that they should conserve the majesty of the people of rome without mal-engin : and the very same thing was commanded all free people , who by any league , but not 〈◊〉 would come into the frindship of the romanes , as proculus the lawyer witnesseth , in l. . f. de captiu : & post. reversis . neither think we it materiall to our purpose , of what nation or tribe they were , who moderated and ruled the iewish affaires ; for although the hasmonaean l●vites held their kingdome for many yeeres , yet the republike was of the iewish people . that most wise master seneca said to nero caesar , that the republike was not the princes , ( or of the prince ) but the prince the republikes . neither verily was the opinion of vlpian the lawyer otherwise ; for he at last saith , that that is treason , which is committed against the roman people , or against their safety , l. . s. . f. ad legem iul. maj●st . now vlpian lived in those times , when the people had neither command nor suffrages left them , but the emperours held the empire and principality ; and yet he who is wont most accurately to define all things , saith , that majesty is of the people ; from all which it is apparant , that not onely in the roman empire and other kingdomes , but even among the iewes themselves ; the majesty , and soveraign power , and scepter resided not in the kings , but in the whole state and people . hence will. schickardus in his ius regium hebraeorum , argent . . p. . determinesthus . the state of the iewish kingdome was not monarchicall ( as our court doctors falsely dream ) but mixt with an aristocracie for the king without the assent of the sanhedrin could determine nothing in great causes . they constituted not a king but in it , &c. attributing the soveraignest power to the congregation and sanhedrin , who had power to create , elect , and in some cases to resist , and depose their kings . hence huldericus zuinglius writes expresly , that the kings of the iewes and others , when they dealt perfidiously , contrary to the law of god and the rule of christ , might be lawfully deposed by the people . this the example of saul manifestly teacheth , whom god rejected , notwithstanding he had first elected him king : yea , whiles wicked princes and kings were not removed , all the people were punished of god ; as is evident by ier. . . to . where they were punished with four judgements and plagues for manassehs sinnes . in summe , if the iewes had not permitted their king to be so wicked without punishment , they had not beene so grievously punished by god. by what means he is to be removed from his office , is easily to conjecture ; thou maist not slay him , nor raise any war or tumult to do it , but the thing is to be attempted by other means , because god hath called us in peace , cor. . if the king be created by common suffrages , he may again be deprived by common votes , unlesse they will be punished with him ; but if he be chosen by the election and consent of a few princes , the people may signifie to them the flagitious life of the king , and may tell them , that it is by no means to be endured , that so they may remove him , who have inaugurated him . here now is the difficulty for those that do this , the tyrant will proceed against them according to his lust , and slay whom he pleaseth ; but it is a glorious thing to die for justice and the truth of god ; and it is better to die for the defence of justice , then afterwards to be slain with the wicked by assenting to injustice , or by dissembling , those who cannot endure this , let them indure a lustfull and insolent tyrant , expecting extream punishment together with him ; yet the hand of the lord is stretched out still , and threatneth a stroke : but when with the consent and suffrage of the whole , or certainly of the better part of the multitude a tyrant is removed , deo ●it auspice , it is done by god approbation . if the children of israel had thus deposed manasseh , they had not been so grievously punished with him . so zuinglius . hence stephanus iunius brutus in his vindiciae contra tyrannos , in answer to machiavels princeps ( a most accursed mischievous treatise ) and justification of the protestants defensive wars in france to preserve their religion and liberties . anno . determines positively , that as all the people are superiour to the king , so are those officers of state and parliaments , who represent them , superiour to kings collectively considered , though every of them apart be inferiour to them . in the kingdom of israel , which by the judgement of all polititians was best instituted , by god , there was this order , the king had not onely private officers who looked to his family , but the kingdom likwise had elders and captains elected out of all the tribes , who had the care of the commonweale both in time of peace and war , and likewise their magistrates in every town , who defended their severall cities , as the others did the whole kingdom . these when ever they were to deliberate of greatest affairs , assembled together , neither could any thing be determined without their advice , which much concerned the commonwealth : therefore david called these all together when he desired to in v●st solomon in the kingdom , when he desired the policy restored by him should be examined and approved , when the ark was to be reduced , &c. and because they represented all the people , all the people are then said to have assembled together . finally , the same rescued ionathan , condemned to death by sauls sentence ; from whence it appears , that an appeale lay from the king to the people : but from the time the kingdome was divided , through the pride of rehoboam , the synedrin of ierusalem consisting of men , seems to be of that authoritie , that they might judge the king in their assembly , as well as the king judge them when they were apart . the captain of the house of iudah was president over this assembly , that is , some chief man chosen out of the tribe of iudah , as even the chief man for the city ierusalem , was chosen out of the tribe of benjamin : this will be made more evident by examples . ieremie being sent by god to denounce the overthrow of the city ierusalem , is for this , first condemned by the priests and prophets , that is , by the ecclesiasticall judgement or senate ; after this , by all the people , that is , by the ordinary iudges of the citie , to wit , by the captains of thousands and hundreds ; at last by the princes of iudah , that is , by the men sitting in the new porch of the temple , his cause being made known , he is acquitted . now they in that very judgement expresly condemn king iehoiakim , who a little before had most cruelly slain the prophet uriah , threatning like things . also we reade elsewhere , that king zedekiah , did so much reverence the authoritie of this sanhedrin , that he durst not free the prophet jeremie , thrust by these men into a filthy prison , but likewise scarce dared to translate him into the court of the prison from thence ; yea , when they perswaded him to consent to jeremiah his death , he answered , that he was in their hands , and that he could not contradict them in any thing ; yea , he fearing lest they should enquire into the conference which he privately had with ieremie , as if he were about to render an account of the things which he had spoken , forgeth a lie . therefore in this kingdom the states or officers of the kingdom were above the king ; i say , in this kingdome which was instituted and ordaintd , not by plato or aristotle , but by god himself , the author of all order , and the chiefe institutor of all monarchy● such were the seven magi in the persian empire , the ephori in the spartan kingdom , and the publike ministers in the egyptian kingdome , assigned and associated to the king by the people to that onely end , that he should not commit any thing against the lawes . thus , and much more this author , together with con. super antius vasco , who published this treatise to all pious and faithfull princes of the republike , giving large encomiums of its worth ; as also the author of the treatise de iure magistratus in subditos . p. , , , . , to . whose words for brevity i pretermit ; bp. bilson in his forecited passages : and hugo grotius de iure belli & pacis , l. , c , . sect . . p. , . where he confesseth , that if the king of the israelites offended against the lawes written concerning the office of a king , he was to be scourged for it ; and that the sanhedrin had a power above their king in some cases . finally , the kings of israel and iudah were not superior to , nor exempted from the lawes , but inferiour to and obliged by them , as well as subjects : this is evident , not onely by the premises , but by sundry impregnable texts , as deut. . . . . where god himselfe in the very description of the office and duty of their king , prescribes this in direct termes , as a part of his duty . and it shall be when he sitteth on the throne of this kingdome , that he shall write him a copy of this law in a booke , out of that before the priest● and levites : and it shall be with him , and he shall read therein all the dayes of his life , that he may learn to feare the lord his god , to kéep all the words of the law , and these statutes to doe them , that his heart be not lifted up above his brethren ; and that he turn not aside from the commandement , to the right hand or to the left : seconded by iosh. . . this booke of the law , shall not depart out of thy mouth , but thou shalt meditate therein day and night ; that thou maist observe to doe according to all that is written therein : turne not to it from the right hand , or to the left , for then thou shalt make thy way prosperous , and then thou shalt have good successe . hence it was , that as soon as ever saul was elected and made king by samuel and the people , he being the first of their kings ) samuel told the people the manner of the kingdom , and wrote it in a booke , and laid it up before the lord : which booke , contained not the exorbitances and oppressions that their kings would exercise over them , mentioned in the sam. . . to . as iosephus mistakes ; but as petrus curaeus and others more rightly observe , the law of god concerning kings , prescribed by him , deut. . . to the end ; and such lawes which commanded kings to use iustice and equity ; to govern the common-wealth well , for the peoples benefit ; to abstaine from fornication and lusts ; to retain modesty in a great fortune , &c. hence samuel enioyned both saul and the people , to feare the lord , and serve him , and obey his voyce , and follow him , and not rebell against his commandement , &c. sam. . , . . to . hence king david did alwayes meditate in the law of god , day and night , accounting it more deare unto him then thousands of gold and silver : and withall pronounceth from gods own mouth ; the god of israel said , the rocke of israel spake to me , he that ruleth over men must be just , ruling in the feare of god. hence the qu. of sheeba used this speech to king solomon , because the lord loved israel for ever , therefore made he thee king ( what ? to domineere at his pleasure ? no verily , but ) to doe iudgement and iustice. vpon this ground , king iosiah made a covenant before the lord , to walke after the lord , and to kéep his commandements , and his testimonies and his statutes with all his heart , and with all his soul ; and king asa , with other princes and governors did the like , as the premises evidence : from all which , and infinite other scriptures , obliging kings to reign in righteousnesse , to doe justice and judgement to all , and reprehending them exceedingly for their injustice , tyranny , oppressions , idolatries , and other sinnes ; it is i●●efragable ; that their kings were as much , if not more obliged to keep both gods and the kingdomes lawes , as the subiects ; and had no arbitrary power to doe what they pleased . all that is , or can be colourably obiected to the contrary , to prove the kings of israel absolute monarchs , exempt from lawes , and paramount their sanhedrin or people collectively considered , is , first , that passage of psal. . . where king david confessing his sinnes of adultery and murther to god , useth this expression ; against thee , thee onely have i sinned , and done this evill in thy sight : of which hierom renders this reason , quod rex erat & alium non timebat : alium non habebat super se : which ambrose thus seconds , rex erat , nullis ip●e legibus tenebatur , quia liberi sunt reges a vinculis delictorum : neque enim ullis ad poenam vocantur legibus , tuti imperii potestate , homini ergo non peccavit , cui non tenebatur obnoxius arnobius & cassiodor , adde , de populo si quis erraverit , & deo peccat & regi : quando rex delinquit , soli deo reus est : merito ergo rex , deo tantum se dicit peccasse ; quia solus erat qui ejus potuisset admissa discutere . the like we finde in isiodor . epist. . which some iewish rabbins back with this saying of barnachmon , titulo de iudicibus nulla creatura judicat regem , sed deus benedictus : therefore the iewish kings were above all lawes , and not subiect to the censures of their congregations , states , or sanhedri● . to this i answer first , that no doubt , david by his adultry and murther ( being sinnes against the second table ) did sinne not onely against god , but against vriah and his wife too , their children and kinred ; yea against his own soule and body , though he were a king ; that of iustus eccardus , de lege regia , being an irrefragable truth , granted by all lawyers and divines whatsoever , that the absolutest emperors , monarchs , kings , that be , are subject to the lawes of god , of nature , of nations , and cannot justly doe any thing against them to the hurt of pietie , chastity , fame , life , or what is contrary to good manners . secondly , no doubt every king is bound in conscience by the law of god and man , to give satisfaction and recompence to his subiects against whom he sinneth in this nature , as david himselfe determines in this his own case , sam. . , , . thirdly , for this very sin against vriah god threatens , that the sword should never depart from davids house ; that hee would raise up evil against him out of his own house , that be would take his wives before his eyes and give them unto his neighbour , who should lye with them in the sight of the sunne , before all israel , sam. . , , . which was actually fulfilled in and by absalom his sonne , sam. . . the glosse therefore of these fathers , that david was exempt from all lawes being a king , and that he could not sinne against a subject , is point-blank against the history , and text it selfe ; and manifested to be apparantly false by all the premised scriptures and authorities . fourthly , the true reason of this speech of david , against thee , thée onely have i sinned , and done this evill in thy sight , as augustine and others truly observe was : . because david had plotted and contrived the murther of vriah , and abusing of his wife so closely , that no man did or could take notice of it ; whence nathan the prophet tells him , sam. . . thou didst it secretly , but i will do this before all israel : sed forte erat quod homines latebat , & non inveniebant illi quod erat quidem , sed mani● estum none erat , writes augustine : . because vriah being slain , and his wife a party consenting to davids sinne , his sinne now might in this sence he said , to be against god alone . . sinne , quatenus sinne , and as it deserves eternall punishment , is properly committed against none but god , whose law and prohibition only makes it sinne ; therefore in this regard , david now confessing his sinne to god himselfe , useth this expression and rhetoricall ingemination , against thee , thee only have i sinned . . because none was free from sinne , and so fit to be his judge in that respect but god onely . . only , is many times taken for principally or especially ; as we usually say , such a one is the onely man ; such a salve or medicine , is the onely remedy ; and the scripture useth this phrase in this sence in davids owne ease , king . . david did that which was right in the eyes of the lord , and turned not aside from any thing that he commanded him all the dayes of his life , save onely in the matter of vriah , that is principally , for he committed divers sins besides , as in numbring the people , in giving mephibosheths land to ziba upon a false suggestion , himselfe confessing that his iniquities were gone over his head , and his ●innes more then the haires of his head : but yet this was his only , to wit , his principall sinne : so in divers others texts , onely is used for principally ; as iosh. . . . onely be thou strong ; sam. . . onely be thou valiant : so here , against thee , thee ●●ly have i sinned ; that is , i have principally sinned against thee alone , not excluding his sinne against himselfe , vriah , and others , whom he injured thereby . . this sinne against vriah was but a personall and private injury , into which david fell out of humane frailty , it was the first and onely sin of this kinde that ever he committed , for ought we read ; he made no trade of it , he repented for it , and never relapsed again into it : in this regard therefore these fathers interpretations may be orthodox , that for such a private sin of infirmitie onely , david was not responsible nor punishable by the congregation or sanhedrin : but had he made a common trade of murthering his subjects , ravishing their wives , and the like ; or giving himselfe over to the open practice of grosse idolatry , ( a sin onely against god himself ) and not repented of , or humbled himself solemnly for it , as he did for these sins here , no doubt the congregation or sanhedrin might upon complaint , have questioned , reprehended , and censured him for it , as the premises plentifully manifest , notwithstanding the priviledge of his regalitie , which , as it exempted him not from the guilt , so not from the punishment due unto such crimes , whether temporall or eternall : not from the eternall , which is the greatest , that is certain , therefore not from the temporall , which is the lesse . finally , god himself threatens , that if solomon or any kings of davids seed should forsake his law , and not keep his commandments , but commit iniquity against him , he would chasten them with the rod of men , and the stripes of the children of men ; whence the rabbins write , that if their kings transgressed against the law of the king , they were and might be scourged for it , without dishonour , by a man whom themselves made choice of : therefore they might be justly censured and punished by men for their transgressions against god alone , notwithstanding this glosse of these fathers , true only in som sence in private cases , and sins of infirmity against private men , not of publike habituall transgressions . the second objection , is that speech of samuel to the people , sam. . . to . this will be the manner of the king that shall reign over you ; he will take your sons and daughters , and appoint them for himself , &c. and he will take your fields , and your vineyards , and your oliveyards , even the best of them , and give them to his servants . and he will take the tenth of your seed , and of your vineyards , and give to his servants : and he will take your manservants , your maidservants , your goodliest young men and your asses , and put them to his service ; he will take the tenth of your sheep , and ye shall be his servants ; and ye shall crie out in that day , because of the king whom yee have chosen you , and the lord will not hear you in that day . therefore their kings were absolute monarchs , not bound to laws , nor responsible to their subiects for their oppressions , not yet resistible by them . to which i answer , that this is a direct description of a tyrant , and not of a lawfull king ; as is evident , first , by the very occasion of the words ; vttered purposely by samuel to disswade the people from electing a king , & changing their former aristocraticall government , into a monarchicall ; because their kings would many of them prove more oppressive , tyrannicall and burthensome to them then their iudges or his sons were , whose bribery and perverting of judgment , moved the people thus earnestly to affect a change of government , as is evident by the , , , , , , and verses ; iosephus , and the consent of all expositors . secondly , by the introduction to , and the words themselvs , this will be the maner of the king that shall reign over you , he will take , and he will do thus and thus ; not this ought to be the manner , he ought to do , or lawfully may do thus and thus . thirdly , by the things themselves which he would do , which are directly contrary to deuter. . . to the end ; and all other scriptures , expresly enjoyning kings to judge their people righteously , to do justice and judgement , and not any wayes to oppresse or spoyle them . i shall instance onely in two particulars . first , the law of gods expresly prohibits all men ( and kings as well as others ) to covet their neighbours houses , his menservants , his maidservants , his oxe , or his asse , or any thing that is his neighbours : if their kings then might not lawfully so much as desire or covet , much lesse might they lawfully take away their houses , sonnes , daughters , manservants , maidservants , asses , sheep , corn , vineyards , or any thing else that was theirs , without their free consents , as samuel tells them their king would do ; this therefore must need ▪ be onely a declaration of what their kings would tyrannically do , not of what they might lawfully or justly execute . secondly , it is gods expresse edict , ezek. . . the prince shall not take the peoples inheritance by oppression , to thrust them out of their possessions , but he shall give his sons inheritance out of his own possession , that my people be not scattered every one from his possession . and ezek . , . the land shall be the princes possession in israel , and my princes shall no more oppresse my people , and the rest of the land shall they give to the house of israel according to their tribes : thus saith the lord god , let it suffice you , o princes of israel ; remove violence and spoile , and execute judgement and justice ; take away your exactions ( or expulsions ) from my people , saith the lord. whence ahab king of israel for coveting , and unjustly deprivi●g naboth of his vineyard , which he refused to sell him , because it was the inheritance of his fathers , and taking possession thereof after his unjust condemnation , had a most severe judgement d●nounced against him , even the utter extirpation of himself , q. iezabel , and their posterity , afterwards executed : which punishment god would never have inflicted on them , had it been lawfull for the kings of israel to take the peoples fields , vineyards , oliveyards , &c. and possesse or give them to their servants , as samuel here tels them their k●ngs will do : this clause then of taking their field , vineyards , &c. from them , by the king , without their consents , being thus d●ametrally contrary to these texts of ezekiel , and such a capitall crime in king ahab , ( yea , contrary to the practise of ioseph , and the aegyptian heathen king pharaoh , who took not away , but bought the aegyptians cattell and lands for corne , gen. . . to . ) can to wayes , be warranted as a just royall prerogative lawfull for their kings to use , but must needs be branded for a tyrannicall oppression . fourthly , this is evident by the consequences of it , ye shall be his servants , ( not subjects ; ) and ye shall crie in that day because of your king which ye have chosen you , and the lord will not hear you in that day , verse , . certainly the people neither would not ought to crie to god against the proceedings of a just upright king , but onely of a tyrant and oppressour ; therefore this text must needs be meant of such a one , who should be a scourge and punishment to them , as tyrants are , not a blessing as good kings alwayes be . fifthly , consult we with all polititians whatsoever , this description suites onely with a tyrant , not with any lawfull king : and that it is meant of such a one , we have the testimony of iosephus , the generall concurring suffrage of all commentators and expositors one the place ( see lyra , hugo de sancto victore , carthusian , angelomus lexoviensis , calvin , brentius , bugenhagius , beda , bertorius , martin borrhaeus , peter martyr , zanchius , piscator , serrarius , strigelius , doctor willet , deodate ▪ the english bibles notes , with others ) and of sundry who descant on this text in other writings ; by name , of m. iohn calvin , instit. l. . c. . sect . . bishop ponet his politicall government . p. . iunius brutus vindiciae contra tyrannos , qu. . p. . . . . . . . . de iure magistratus in subditos , p , . . bucholceri chronichon . p. . petrus cunaeus , de repub. hebraeor . l. . c. . bertrami , politia iud●ic . p. . shickardus jus regium iudae . p. . albericus gentilis de jure belli , l. . c. . p. . hugo grotius de jure belli & pacis , l. . c. . adnotata . p. . governado christiano , p. . georgius bucananus de jure regni apud scotos , p. . dole●-man , p. . . haenon . disp ▪ polit . p . weemse . vol. . part. p. . hotomani , franco-gallia , c. . amesius de casibus conscienciae , p. . and ( to name no more in so plain a case ) of doctor ferne himself , in his resolving of conscience , sect . . p. . where hee writes , that samuel here tels the people , how they should be oppressed under kings ; yet all that violence and injustice done unto them , is no cause of resistance , &c. this text then being cleerly meant of their kings oppression , violence , injustice against law , right , and a clear descript on of a tyrant , not a king ; i may safely conclude from all the premises , that even among the israelites , and iews themselves , their kings were subj●ct to the lawes , and that the whole congregation , kingdom , senate , sanhedrin , not their kings , were the supreme soveraign power , and paramount their kings themselves , whom they did thus freely elect , constitute , and might in some cases justly censure , resist , depose , ( if not put to death ) by common consent , for notorious grosse idolatries and publike multiplied crimes , as the forecited authors averre . all which considered , eternally refu●es , subverts , confonnds the erronious false positions and paradoxes which doctor ferne , griffith williams bishop of ossery , the authour of the necessitie of subjection , with other late ignorant pamphletters , have broached to the contrary , without either ground or presidents to warrant what they affirm , touching the absolute soveraignty , monarchy , irresistibilitie , incorrigibility of the kings of iudah and israel by their whole states , congregations , kingdoms generall assents , and utterly takes away those sandy fabulous foundations upon which their impertinent pamphlets against the soveraign power of parliaments , kingdoms , and the illegality of subjects taking up defensive arms against tyrannicall princes , bent to subvert religion , laws , liberties , the republike , are founded ; which must now needs vanish into nothing , before this catholike , irrefragable clear-shining verity , abundantly ratifyed by innumerable presidents in all eminent kingdoms , states , nations , that either have been in any former ages , or are yet extant in the world ; which must and will infinitely over-sway , swallow up the inconsiderable contrary opinions of some few privadoes , who ( either out of flattery , hopes of getting , or keeping undemerited preferments , fear of displeasing greatnesse , or inconsiderate following of other reputed learned mens mistakes , without due examination of their erronious tenents ) have engaged themselves in a polemicall blinde combate against these infragable transparent verities ; whose defence i have here made good against all their misprisions , and bootlesse assaults . having now historically ran over the most eminent empires , kingdoms of ancient and present times , in a kinde of confused method , their copious vastnesse and varietie being so boundlesse , and my time to collect them so small , that i could hardly marshall them into any comely d●stinct regiments , or reduce them to the particular heads debated in the premises ; i shall therefore for a conclusion deduce these distinct conclusions from them , to which the substance of all the recited histories may be aptly reduced , and are in truth abundantly confirmed by them beyond all contradiction , annexing , some new punctuall authorities of note , to ratifie and confirme them . first , it is undeniably evident from all the premises , that all monarchies , empires , kingdoms , emperours , kings , princes in the world , were originally created , instituted , ordained , continued , limited , and received all their jurisdiction , power , authoritie both from , by , and for the people , whose creatures , ministers , servants they are , and ought to be . if we survey all the severall lawfull monarchies , empires , principalities , emperours , and kings , that either have been , or yet are extant in the world ; we finde all sacred and prophane histories concurre in this , that they had their originall erections , creations from , by , and for the people ; yea , we read the very times when , the most monarchies of note were instituted , the names of those on whom the first monarchies were conferred , ( by the peoples free election onely ) yet extant on record in most histories , and withall expresse relations , of many different kinds of kingdoms , kings , in respect of succession , continuance , power , jurisdiction , scarce any two kingdoms , or their kings , being alike in all things in regard of prerogatives & jurisdictions ; all histories & polititians concurring , resolving with peter , that kings are humane creatures or ordinances instituted , , diversified thus by men , and the people alone , out of gods generall or speciall providence , not one of them all being immediately or directly ordained by god , as the onely efficient cause , without the free concurrence , consent and institution of the people . this truth , is not onely ratified by lex regia , whereby the roman emperours were created , yea , invested with all their power ; registred by iustus eccardus de lege regia , & marius salamonius de principatu , l. . formerly transcribed ; by plato , aristotle , xenophon , berosus , polybius , cicero , livy , iustin , plinie , strabo , plutarch , dionysius hallicarnassaeus , diodorus siculus , pausanias , solinus , alexander ab alexandro , hermannus schedell , herodotus , boëmus , pomponius mela ; forecited , and generally by all historians , chronologers , antiquaries , lawyers , politians whatsoever ; but directly averred and proved by franciscus hotomanus ( a famous lawyer ) in his franco-gallia , c. . . , . the author of de iure magistratus in subditos , quaest. . p. . , &c. thomas garzonius emporij emporiorum , pars , . discursus . de dom. p. . vasquius controvers . illustrium , . n. . . n. . . n. . . n. . . n. . . n. . covarunius , quaest. illust. t. . . n. . . hugo grotius de iure belli , l. . c. . sect . . l. . c. . sect . . and elsewhere ; marius salamonius de principatu ; eccardus de lege regia , with others cited by them : hookers ecclesiasticall polity . l. . sect . . p. , , . ( a pregnant place ) albericus gentilis de iure belli , l. . c. . . ioannes marianade rege & regum instit. l. . c. . to . sparsim , & iunius brutus , vindiciae contra tyrannos , quaest. . p. . to . with whose words i shall close up this observation , ( having elsewhere particularly proved the verity thereof , and answered all obiections against it from misinterpreted scriptures : ) we say now ( writes he ) that the people constitute kings , deliver kingdoms , approve kings elections , with their suffrages ; which god would have to be thus , that so whatsoever authority and power they should have , they should , next to him , referre it to the people , and therefore should bestow all their care , thoughts , industrie for the people profit ; neither verily should they think themselves advanced above other men for their excellency of nature , no otherwise then men are over heards and flocks , but should remember , that being born in the same condition with others , they were lifted up from the ground unto that condition by the suffrages , as it were , by the shoulders of the people , upon whose shoulders the burthen of the common-weale should for a great part rest . after which he proves by deut. . and divers forecited presidents in scripture , that god gave the election and constitution of the kings of israel to the people ; and that notwithstanding the succession of the kingdom of iudah was by god entailed afterwards to the linage of david , yet the kings thereof actually reigned not before they were ordained by the people . whence we may conclude , that the kingdom of israel , if we respect the stock , was certainly hereditary , but if we regard the persons , altogether elective . but to what end was this , if the election appear , as it is confessed , but that the remembrance of so great a dignitie conferred by the people , should make them alwayes mindefull of their duty : so likewise among the heathens we read , that kings were constituted by the people ; for when they had wars abroad , or contention at home , some one man , of whose fortitude and justice the multitude had a great opinion , was by cammon consent assumed for king. and among the medes , saith cicero , deioces was of an arbitrator made a iugde , of a iudge created a king ; and among the romanes the first kings were elected . therefore when romulus being taken away , the inter-regnum of the hundred senators was displeasing to the romans , they accorded , that afwards kings should be chosen by the suffrages of the people , the senate approving it : and tarquin the proud was therefore reputed a tyrant , for that being created neither by the people nor senate , he held the empire onely by force and power : wherefore caesar although he invaded the empire by force , yet that he might cosen the people at least with some p●etext of law , would seem to have received the empire from the senate and people : but augustus although he was adopted by caesar , yet he never bare himselfe as heire of the empire , by divise ; but rather received it as from the senate and people ; as did also caligula , tiberius , claudius whereas nero , who first invaded the empire by force and wickednesse without any colour of law , was condemned by the senate . since then no man could be born an absolute king , no man can be a king by himselfe , no man can reigne without the people : whereas on the contrary , the people may both be , and are by themselvs , and are in time before a king ; it most certainly appears , that all kings were first constituted by the people . now albeit that from the time that sons or nephews imitated the vertues of their parents , they seem to have made kingdomes as it were hereditary to themselves in certain countries , where the free power of election may seem in some sort to have ceased , yet that custome hath continued in all well constituted kingdomes , that the children of the deceased kings should not succeed untill they were as de n●no , newly constituted by the people , nor should not be acknowledged as heir●s to their fathers , but should onely then at length be reputed kings , when they had as it were received investiture of the realme from those who represent the majesty of the people , by a scepter and diadem . in christian kingdomes which at this day are said to be conferd by succession , there are extant most evident footsteps of this thing . for the kings of france , spain , england , and others are wont to be inaugurated , and as it were put into possession of the realm by the states , senators , nobles and great men of the realm , who represent the universality of the people , in the same manner as the emperours of germany are by the electors , and the kings of poland by the vayuods or palatines , where the intire right is onely by election , neither is royall honour yeelded to them in the cities of the kingdomes , before they have been duly inaugurated : neither also heretofore did they compute the time of the reigne , but from the day of the inauguration , which computation was accurately observed in france : and that we may not be deceived by reason of any continued stories of succession ; even in those very kingdoms , the states of the realme have oft times preferred a kinsman before a sonne , the second sonne before the eldest ; as in france , lewis , the brother , before robert earl of dreux also henry , the second brother , before robert capet the nephew , with others elsewhere : yea , and the same kingdome by authority of the people , hath been translated from one nation and family to another , whiles there were lawfull heires extant ; from the merouingi to the carlingi , from the carlingi to the capets which hath been likewise done in other realms , as it sufficiently appears out of the truest histories . and that we may not recede from the kingdome of france , which hath ever been reputed the pattern of the rest , in which , i say , succession seemes to have obtained greatest strength : we read that pharamond was elected , anno . pipen , an. . pipens sonnes , charles the great and charlemain . not having respect of the father ; charlemain being at last taken away . the brothers part did not immediatly accrue to charls the great , ; ; ; as is usually done in inheritances , but by the determination of the people and publike councell : and by them ludovicus pius was elected , an. ▪ although he were the sonne of charles the great . yea , in the very testament o● charles , which is extant in nauclerus , he intreats the people by the common councell of the realm to elect one of his nephews whō they pleased ; as for hi , vncles he bids thē rest satisfied with the decréc of the people . whence charles the bald , nephew by lewis the godly and iudith , professeth himselfe an elected king in aimoinius the historiographer . in summe , all kings whatsoever , from the beginning were elective ; and those who at this day strive to come to the kingdome by succession , must of necessity be first ordained by the people . finally , albeit the people by reason of certain egregious merits , hath in certain realmes used to chuse kings out of the same stock , yet they chuse the stock it self , nor the branch ; neither do they so chuse it , but if it degenerates , they may elect another : but even those who are neerest of that stock , are not so much born , as made kings ; are not so much accounted kings as the attendants of kings ; which franciscus hotomanus in his franco-gallia , cap. . . & . prosecutes more at large , and manifests by sundry pertinent presidents and authorities . secondly , that it is apparant by all the premised histories ; that in all empires , monarchies , the whole empire , state , kingdome , with the parliaments , senates , states , diets , publike officers and generall assemblies which represent them , are the supreamest soveraign power , superiour to the emperours , kings and princes themselves ; who are subordinate ministers and servants to them , elected , created by them for their common good ; and not absolute soveraign lords or proprietors to rule & domineer over them at their pleasure : which conclusion you shall find abundantly ratified , and pro●essedly maintained by marius salamonius , de principatu , in six severall books ; by iohn mariana , de rege & regis instit. t. c. . stephanus iunius brutus , his vindicia contra tyrannos , throughout , especially p. . to . the treatise , de iure magistratus in subditos , throughout : iustus eccardus , de lege regia : henricus ranz●vius ; commentarii bellici , lib. . c. . and elsewhere : georgius obrechtus ( an eminent civill lawyer ) disputationes iuridicae , de principiis belli , sect . . to . where he thus resolves , the inferiour magistrates , as in germany the electors , princes , earles , imperiall cities ; in france the peers of france , in poland the vayuodes or palatines , and in other kingdomes the nobles , senators , and delegates of the estates , as they are severally inferiour to the emperour or king , ita univers● superiores existunt , so collectively they are superiour to them ; as a generall councell is above the pope , the chapter above the bishop , the vniversity above the chancellor ; the prince , saith pliny the second , even the greatest , is obliged to the commonwealth by an oath , as its servant , ac ipsa republica seu regno minor est , and is lesse then the republike or kingdome it selfe : ) by franciscus hotomanus a learned french lawyer , in his franco-gallia , c. , . , . , , , , . aquinas , de regimine principum , c. . by hemingius arnisaeus , de auctoritate principum in populum , &c. and de iure majestatis , sebastianus foxius , de regni regisque institutione ; vasquius controvers . illustrium passim , cavarnuius contr. illustr . t. . . n. i. . n. . haenon disp. polit. p. . &c. alhusius polit . c. . p. . to . with iohn calvin instit. l. . c. . sect . . and divers others forecited : heare iunius brutus instead of all the rest to this particular , being a frenchman by birth , and writing his mind herein both freely , accutely and ingeniously , in these words : now verily , since kings are constituted by the people , it seems necessarily to follow , populum universum rege potiorem esse , that all the people are better and greater then the king. for such is the force of the word , that whoever is constituted by another , is reputed lesse then him ; he who receiveth authority from another , is inferiour to his author . potipher the aegyptian appointed ioseph over his family ; nebuchadonozer set daniel over the province of babylon darius set an hundred and twenty princes over the kingdome . verily masters are said to appoint servants ; kings ministers ; so likewise the people appoints the king , as the minister of the commonweale ; which title good kings have not contemned , and ill kings have affected , so that ●or some ages , none of the roman emperours , but an apparant tyrant , such as nero , domitian , caligula , would be called lord . moreover it appeares , that kings were instituted for the peoples sake ; neither wilt thou say , that for an hundred homunci●es more or lesse , ( for the most part far worse then the rest ) all inferiours whatsoever were created , rather then they for them . now reason requires , that he for whose sake another exists , is to be accounted lesser then he . thus the governour of a ship is instituted by the owner for the shippes sake , who sits at the helme , lest the ship should be broken on the rocks , or ill hold her course . and verily whiles he intends this businesse , the other mariners serve him , and the owner himselfe obeyes him ; and yet he is a servant of the ship , as well as any mariner , neither differs he from a mariner in gender , but in kind : in the republike , which is usually compared to a ship , the king is in place of a master , the people of an owner : threfore to him seeking the publike safety , the people obey and submit ; when notwithstanding he is , and ought no lesse to be accounted a servant to the republike , as well as any judge or captain , neither differs he from those in any thing , but that he is bound to beare greater burthens , and undergoe more dangers : wherfore verily what things soever the king acquires in warre , or when he gaineth adjoyning coasts by right of warre or by sentence of law , as those things which are brought into the eschequer , he acquires to the kingdom not to himselfe ; to the people , i say , which constitute the kingdome , no otherwise then as a servant ( purchaseth ) to his lord ; neither can any obligation be contracted with him , but by their authority . furthermore , innumerable people live without a king , but thou canst not conceive a king without a people , so much as in thy mind . neither have some attained a royall dignity because they differed in kind from other men , and ought to rule over others by a certain excellency of nature , as shepheards doe over their flo●ks ; but rather , the people created out of the same masse , have advanced them to that degree , that so if they enjoyed any authority , any power , they should acknowledge it received from them , and possesse it as during their pleasure ; which the ancient custome of the french aptly sheweth , who lifting their king up on a buckler , proclaimed him king. for why , i pray , are kings said to have innumerable eyes , many eares , long hands , most swift feet ? what , because they are like to argus , gerion , midas , or to those whom fables have feined ? verily no , but indeed because all the people whom it concerns , lend all their eies , their ears , their hands , feet , and faculties to the king for the use of the republike . let the people recede from the king , he who even now seemed eyed , eared , strong and flourishing ; will suddenly wax blind , deafe , and fall to nothing ; he who erewhile did magnificently triumph , will in one moment become vile to all : he who even now was adored almost with divine honours , will be compelled to play the schoolmaster at corinth : over-turn only the basis of this giant-like heape , and like the rhodian colossus , it will of necessity fall , and be broken into pieces . since therefore a king exists by and for the people , and cannot consist without the people ; to whom may it seem strange if we conclude , that the people are greater then the king. ; moreover , what we say of all the people , we will have spoken also , as in the second question , of those also who lawfully represent all the people in every kingdome or city , who verily are commonly reputed the officers of the kingdome , not king. the officers of the k●ng , are created or discharged by the king at his pleasure ; moreover , when he dyeth they are out of place , and are in some ●ort accounted dead men . contrarily , the officers of the kingdome , receive their a●thority from the people , to wit , in a publike councell , or at least , heretofore were w●nt to receive it , neither can they be cashéered without the same . therefore those depend on the king , these on the kingdome : they , from the supreme officer of the kingdome , who is the king himselfe ; these , from the supream dominion of the people , from whom the king himselfe , as well as they , ought to depend . their office is , to take care of the king : these mens duty , to take heed that the common-wealth receiue no detriment any where : theirs to be present and serue the king , as any domestick servants doe their masters ; these mens , to defend the rights and priuiledges of the people , and diligently to prouide , that the prince himselfe commit , or omit nothing to their destruction . finally , those are the kings seruants , ministers , domesticks , instituted only to obey him ; these contrarily , are as the kings assessors in judging according to law and consorts of the royal empire ; so as all these are bound to gouern the commonweal , no otherwise then the king is ; yet he , as a president among them , may onely hold the first place . now as all the people are superiour to the king so euen these , although single , every of them be inferiour to the king , yet all of them are to be deemed superiour to him . how great the power of the first kings was , appeares sufficiently from this ; that ephron king of the hittites , durst not grant the right of a sepulcher to abraham without the peoples consent ; nor hamor the hiuite king of sechem , make a league with iacob , the more weighty affaires being usually referred to the people . and ve●ily in those kingdomes , which at that time were circumscribed almost with one city , this was easie : but from that time kings began to inlarge their territories , neither could all the people assemble in one place without confusion , officers of the kingdome were appointed , who should ordinarily defend their rights ; yet so , as when there should be need , either all the people , or at least a certain epitome of them should be extraordinarily assembled . wee see this order to have been in the kingdome of israel , which by the judgement almost of all polititians , was best of all constituted . the king had his bakers , butlers , cham●berlaines , masters and stewards of his house , who overlooked his family ; the kingdom had likewise its officers , . elders and captains chosen out of every tribe , who might take care of the republike in time either of peace or warre : and finally its magistrates in every town , who were every one to defend their rites , as the others the whole kingdome ( which he proves to be above their kings , and to over-rule them , in the forecited passage . ) such were the . magi , or wise men in the persian empire , being as it were consorts of the royall honor , and who were called the kings eyes and eares , with whose judgement we read the kings rested satisfied : such were the ephori in the spartan realm , to whom they appealed from the king , and who did likewise judge the kings themselves ; as it is in aristotle in the aegyptian kingdome the publike ministers were elected and assigned to the king by the people , onely to this end , that he should commit nothing against the lawes . now as aristotle every where calls those lawfull kings , to whom such officers are adioyned , so likewise he feares not to say , where they are wanting , that there is not a monarchy , but either pla●●ly a barbarous tyrannie , or a domination next to tyrannie . in the roman state the senators obtained this place , and the magistrates ufually chosen by the people , the tribune of the consuls , the president of the city , and the rest , so as there lay an appeale from the king to the people , which seneca cites out of tullies book of the republike , and the history of horatius tergeminus , condemned by the royall iudges for the murder of his sister , and absolved by the people , sufficiently evidenceth : but under the emperours , the senate , consuls , pretors , pretorian perfects , presidents of provinces , which were given to the people and senate , were therefore all called the magistrates of the people of rome . therefore when as by the decree of the senate , maximinus the emperour was iudged an enemy of the republike , and mazimus and albinus were created emperors by the senate against him , the souldiers took an oath , that they would fathfully obey the people of rome , the senate & emperor , howsoever this law might be violated under tyranny . as for the empires at this day ( as the turkish & muscovitish , and others of this kind , which are rather great robberies , then empires ) there is not one of them , which if not at this time , was not at least in times past governed in this manner . but if it be come to passe through the magistrats fault and sloathfulnes , that in some places posterity have received a worser common weal , notwithstanding those who at this day possesse these offices , are bound as much as in them is , to revoke all things to their ancient state . in the german empire which is conferred by election , there are princes , and electors , as well laicks as ecclesiasticks , earles , barons , cities , embassadors of cities , who as they have the care of the commonweale in their severall places , so likewise in generall assemblies ( or diets ) whenthere is needs , they represent the majesty of the whole empire , where they are bound to care , that the republike sustain no detriment by the private endeavours or hatreds of the emperour . therefore there is one chancellour of the empire , another of the emperour ; other and different officers besides , both of the one , and other : divers exchequers , divers treasurers ; and therfore it is a cōmon saying , that the empire is preferred before the emperor , so as the emperor may be every where said to do homage to the empire . likewise in the realm of poland , the bishops , palatines , castellans , nobles , deputies of cities and counties are extraordinarily assembled ; in whose assembly onely new constitutions are made , and wars decréed . but ordinarily the councellers of the realm of poland , the chancellor of the polish repub. &c. although the king in the mean time hath his own chamberlains , stewards , ministers & domesticks . but he who will dispute among the polonians , whether the king or the whole people of the kingdom , represented by the estates of the realm , be greater ? doth just like him who should dispute at venice , whether the duke or the republike were the superior ? but what shal we say of those kingdomes which are wont to be carried by succession ? verily the thing is no otherwise there . the realm of france , which not long since was preferred before the rest both for the excellency of laws and orders , was thus constituted in times past ; and although those who hold that place do not sufficiently discharge their duty , yet they are not thereby the lesse obliged to do it : the king verily hath his great master , or arch-steward , his chamberlains , hunters , gua●d , butlers , and the rest , whose offices heretofore did so depend on the king that he dying , themselves seemed also to die in their office ; so that even yet , after the end of the mourning royall , the great master or arch-steward , is wont to pronounce certain conceived words , wherewith he dismisseth the royall family , and bids every one provide for himself : yet notwithstanding the kingdom of france hath its officers , the master of the palace , who afterwards was stiled the earl of the stable , the marshals , admirall , chancellour , or great referendary , secretaries , treasurers , and officers , who verily heretofore were not created , but in the great publike covncell of the three orders of the clergie , nobilitie and people ; but since the standing parliament was ordained at paris , they are not thought setled in their offices , before they be received and approved by the senate of paris , neither can they be casheer'd without their consent and authority : now all these , first plight their faith to the kingdom , that i● , to all the people , after that to the king , as the guardian thereof ; which is perspicuous even from the very form of the oath . but especially the earl of the stable , when he is girded by the king with the liliated sword ( as appears by the words which he pronounceth , ) is girded to that purpose , that he may defend and protect the repvblike . moreover the realm of france hath its peers , as consuls of the king , or its senators , as the fathers of the republike , every of them denominated from the severall provinces of the kingdome , to whom the king , being to bee crowned , is wont to plight his faith , as to the whole kingdome : from whence it appeares , that they are svperior to the king : these again likewise wear , that they will defend , not the king , bvt the royall crown that they will assist the repvblike with their councell , and that for this end , they will be present in the sacred councell of the prince in time of peace or warre , as manifestly appears out of the formulary of the peership : therefore by the law of lombardy , in giving sentences , they did not onely sit with the lord of the fee as peers , but likewise heard the causes oft times between the superiour lord and his vassall . we likewise see these senators of france to have oft times judged between the king and subjects , so that when charles the . would have pronounced sentence against the duke of britain , they withstood him , and said , that the ivdgement was not the kings , bvt peers , from whose avthority he covld derogate nothing . hence even at this day the parliament at paris , which is called the court of peers or senators , is in some sort constituted a iudge between the king and people , yea , between the king and every private man , and is bound , as with an obligation to right every one against the king procurers , if he invades any thing against law ; besides , if the king determines any thing , or makes any edict at home , if he make any compact with neighbour princes , if any warre be to be waged , if any peace be to be made , as of late with charles the fifth , the parliament ought to approve , and bée authour of it , and all things which appertain to the common-wealth , ought to be registred among its acts ; which verily are not ratified , untill they shall be approved by it . now that the senators might not fear the king , heretofore none could be preferred into that order , but such who were nominated by the senate , neither could they lawfully be removed , but by its authority , for a lawfull cause . ; ; ; finally , even the kings letters , unlesse they be subscribed by the kings secretary , and rescripts , unlesse they be signed by the chancellour , ( who hath a power of cancelling ) have no authority . there are likewise dukes , marquesses , earles , vicounts , barons , castellanes ; also in cities ▪ maiors , deputies , consuls , in sindeches , auditors , and the like , to whom some particular region or city are severally commended , that they may defend the people so farre forth as their jurisdiction extendeth , although some of these dignities at this day are reputed hereditary : and besides this , yearly heretofore , at leastwise as often as necessity required , there was held an assembly of the three estates , wherein all the countries and cities of any note , did send their deputies , namely commons , nobles , ecclesiasticks in each of them apart ; where they publikely determined of those things which appertained to the republike : now such was evermore the authority of this assembly , that not only those things which were therein accorded , were reputed sacred and holy , & whether peace were to be concluded , or war to be waged , or the guardianship of the realm to be committed to any one , or a tax to be imposed , was there concluded ; but even kings themselves for their luxury , slothfulnes or tyrannie , were thrust into monasteries , & by their authority , even all their ofsprings deprived of the succession of the kingdom , no otherwise then at first , when as they were called to the kingdom , by the peoples authority : verily those whō consent had advanced , dissent did pull down again ; those whom imitation of paternall vertues had as it were called into that inheritance , a degenerate and ungratefull minde , as it had made then uncapable and unworthy , so it did make them to be disinherited : from whence verily it appears , that succession truly was tolerated to avoid competition , succession , an interregnum , and other incommodities of election ; but truely when grea●er damages would follow ; where tyranny should invade the kingdom , where a tyrant the throne of a king , the lawfull assembly of the people perpetually reserved to themselves an authority of expelling a tyrant or slothfull king , and of deducing him to his kindred , and of substituting a good king in his place . verily peradventure the french received this from the gauls , caesar in the fifth book of the gallic war , being the author ; for ambiorix king of the eburoni , confessed , that all that time the empires of the kings of gallia were such , that the people duely assembled , had no lesse authoritie over the king , then the king over the people ; which also appears in vercingetorix , who pleaded his cause before an assembly of the people . in the kingdoms of spain , especially in valentia and catteloigne of the arragonians it is even thus , for the soveraignty of the realme , is in the justice of aragon , as they call it ; therefore the great men , who represent the people , fear not to tell the king in direct terms , both in his very coronation it self , and likewise every third year in the generall assembly of their estates , tantum valemus nos , quantum vos ; we are as powerfull as you , but the iustice of aragon is above us both , who rules more than you . yea , oftentimes what things the king hath asked , what he hath injoyn'd , the iustice hath prohibited ; nay , he never dares to impose any tribute without the authority of that assembly . in the realms of england and scotland , the supreme power is in the parliament , usually wont to be held almost every year . now they call a parliament , the assembly of the estates of the realme , where the bishops , earls , barons , deputies of the cities and counties by common suffrage determine of the republikes affairs , whose authority is so sacred , that what things soever it shall once establish , it is unlawfull ( or a wicked act ) for the king to abrogate . likewise all the officers of the realme are wont to receive their offices from that assembly , and those who ordinarily assist the king or quéen in councell . in brief , other christian kingdoms , as hungary , bohemia , denmarke , sweden , and the rest , have all their officers of the realm , or consuls of the royall empire , who by their own authority have sometimes used even to depose their kings themselves , as histories teach , or fresh memory suffici●ntly manifests : neither is there verily any cause that we should think the royall authority to be thereby deminished , or that kings should hereby suffer as it were a diminution of their heads ; truly , we deem not god the lesse potent for this , because he cannot sin by himself , nor his empire more restrained , because it cannot be ruined , nor grow worse ; therefore not a king , if that he who may offend by himself , be sustained or kept from sinning by anothers help ; or if peradventure he had lost any empire by his own negligence or fault , that he may retain by anothers prudence . what ? do you think any man lesse healthy , because phisitians ●it round about him , who dehort him from intemperance , who interdict him the eating of hurtfull meats , who likewise oft-times purge him against his will , and resisting ? or whether doest thou think those phisitians who take care of his health , or flatterers who obtrude the most unwholsome things , to be more his friends ? therefore this distinction is altogether necessary to be adhibited : some are friends of the king , others of caesar those are friends of caesar , who serve caesar those friends of the king or emperour , who serve the kingdom : for since any one is called a king , for the kingdoms sake , and the kingdom consists in the people ; but the kingdom being lost or decayed , the king must altogether cease to be a king , or , at least , be lesse a king : those verily who shall study the profit of the kingdom , are truly the kings friends ; those who neglect , or subvert the profit of the realm , are truly his enemies : and as thou c●nst by no means separate the kingdom from the people , nor the king from the kingdom ; so neither the friends of the king from the friends of the kingdom or people ; yea verily , as those who truely love caesar would rather have him to be a king then a private man , nor can they have him a king without a kingdom , in good ●ooth those shall be the kingdoms friends who are caesars and those who would seem to be more the friends of caesar , then of the kingdom or people , are truly to be reputed flatterers and most pernicious enemies . but and if they bee truely friends , is it not manifest , that the king will become more powerfull and stable , ( as theopompus said of the ephori when instituted ) by how much those shall be more , and more powerfull , to whom the profit of the people or realm shall be commanded and committed ? ; ; ; but perchance thou wilt say , you tell me of the senators , peers , and officers of the realm , but i , on the contrary , see nothing but ghosts , and as it were ancient cote-arms in tragedies , but i scarce any where discern any foot-steps of ancient libertie and authoritie . finally , you may see most men every where to look to their own affairs , to flatter kings , to cheat the people ; scarce any where maist thou finde one who takes pity of the mascerated people , much lesse who will give help to the miserable ; but if there be any who are truely of that minde , or thought to be so , they are judged rebels , or traitors , they are banished , and they are compelled to begge even their very food . what ? the thing is thus : it seems almost alwayes and in every place the audacitie of kings , or partly the prevarication , partly the slothfulnesse of the nobility hath been such , that kings may seem to have usurped that licentiousnesse wherewith most of them at this day seem to wax insolent , by a long prescription of time , but the people may seem to have determined their authority , or to have lost it by not using it : for so it happens for the most part , that no man takes care for that which all are bound to take care of , that which is committed to all , no man thinks it is commended to him . yet notwithstanding , against the people , neither this prescription nor prevarication doth any thing . it is a vulgar saying , that no prescription can hurt the king , or exchequer , much lesse all the people , who are potenter then the king , and for whose sake the prince hath this priviledge ; for why else is the prince only the administrator of the exchequer , but for the people , the true proprietors as shal be after proved ? furthermore , is not this a known truth , that no violence , no not in the longest lasting servitude , can be prescribed against liberty ? but and if thou objectest , that kings were constituted by the people , who perchance lived above five hundred yeer since , not by the people extant at this day ; i answer , that although kings doe die , the people in the mean time ( as neither any other universitie ) never dyeth ; for as flowing waters make a perpetuall river , so also the vicissitude of birth and death an immortall people : therefore as the rheine , seine , tyber , is now the same as it was above a thousand years agoe , so likewise the germane , french , roman people are the same , ( unlesse colonies shall have casually intervened ) neither can their right be any wayes changed , either by the flux of water , or change of individuals . besides , if they attribute the kingdom received , not to their people , but to their father ▪ & he to his grandfather , and so upwards , could he transfer more right to another then himself first had ? but and if he could not , ( as it is certain he could not ) is it not manifest , whatsoever he shall arrogate to himself besides , that he cannot any more usurp it then any theef ? but on the contrary the people have a right of perpetuall eviction . therefore that the nobles have been for a long space oppressed in any kingdom , can no way prejudice the people ; but rather , as the servant should not be heard , who in that he hath a very long time detained his lord captive , should boast , that he was not onely a free-man , but would likewise arrogate to himself a power of life and death over his lord : nor yet a theefe , who because he hath robbed . yeers , or is the sonne of a theefe , should think himselfe to be without fault , yea rather , by how much the longer he hath been such a one , the more severely should he be punished : so likewise a prince is not to be heard or endured , who because he hath succeeded to a tyrant , or hath for a long time used the people like a bondslave , from whom he hath received his kingdome , or hath offered violence to the nobles , should think that what ever he lusted should be lawfull to him , and ought to be granted of right . neither doe yeers substract any thing from the peoples right , but adde to the injury of the king. but what , if the nobles themselves have colluded with the king ? what , if in betraying the cause , they have betrayed the people as it were bound , into the hands of a tyrant ? shall the authority of the people by this prevarication or treason seem to be plainly transferred upon the king ? whether i say , by this fact is any thing taken away from the liberty of the people , or adjoyned to the licentiousnesse of the prince ? you will say , they may impute it to themselves , who made choise of such men of perfidious faith . but yet these are as patrons to patronize the publike profit , and the peoples safety and liberty : therfore as when an advocate shall make a compact with the adversary of his client , concerning the value of the suit as they speake , if he had betrayed his cause , he should not hurt him at all ; so this conspiracie of the nobles , as it were made to the dammage and destruction of the people , cannot verily detract any thing from their right ; but even they themselves shall fall into the penalty of the law , which is promulged against prevaricators , and the law permits the people to chuse another patron , and to prosecute their right againe : for if the roman people condemned their emperors to punishment , who at the caudine gallowes had dishonourably contracted with the enemies , although by compulsion , and reduced to greatest straits ; and judged that they were no wayes obliged by that paction ; shall not the people be much lesse bound to suffer that yoke , which not by force , but willingly ; not for feare of death , but out of desire of gain , hath been thus treacherously put upon them ? or if those who ought to shake it off shall impose it , or those who might doe it , shall tolerate it ? he hath many other pertinent passages to the same effect , which brevity enjoynes me to omit ; those that please may read them at their leisure in the author himselfe ; whose opinion is fortified by alphonsus menesius his poems , annexed to his treatise . thirdly , it is abundantly manifest from all the premises ; that kings and emperours alwayes have been , are , and ought to be subject to the lawes and customes of their kingdomes , not above them , to violate , breake , or alter them at their pleasures , they being obliged by their very coronation oathes in all ages and kingdomes inviolably to observe them . this verily is confessed by k. iames , by our k. charls himself in his la●e declarations to al his subjects ; resolved by bracton fleta , fortescue , our common and statute laws forecited ; by the year book of . h. . . a. where fray saith , that the parliament is the highest court which the king hath , and the law is the highest inheritance which the king hath , for by the law he himselfe and all his subjects are ruled ; and if the law were not , there could be no king nor inheritance ; this is proued by stephen gardiner bp. of winchester in his letter to the lord protector ; where he writes , that when he was embassadour in the emperours court he was faine there , and with the emperours embassadour to defend and maintain , by commandment in a case of iewels , that the kings of this realme were not above the order of their laws , and therefore the ieweller although he had the kings bill signed , yet it would not be allowed in the kings court , because it was not obtained according to the law ; and generally granted by all our own english writers , is copiously asserted , and professedly averred by aristotle , polit. l. . c. . marius salomonius de principatu . in sixe speciall books to this purpose , by iustus eccardus de lege regia , thomas garzonius emporii , emporiorum , pars . discursus . de dominiis sect . . p. , . ioannis carnotensis episc. lib. . policrat . c. . bochellus decreta , eccles. gal. l. . tit. . cap. . , . haenon . disput. polit. p. . to . fenestella de magistratu , p. . ioannis mariana de rege & regis instit. l. . c. . ( an excellent discourse to this purpose ) petrus rebuffus , pr●fat . ad rubr. de collationibus , p. , . sebastianus foxius de rege , &c. part . p. , part . . &c. buchanon de iure regni apud scotos passim , iunius brutus vindiciae contra tyrannos , quaest . . p. . to . ( an accurate discouse to this effect ) grimalius de optimo senatore , p. . , . vasquius contr . illustr . . n. . . . . n. . . . n. . . n. . . n. . . . . n. . and elswhere . de iure magistratus in subditos , passim , polanus , in ezech p. . . pareus in rom. . p. . francis. hotomani , franco gallia ▪ c. . to the end of cap. . sparsim , governado christiano , p. . cunaeus de republ. hebr. l. . c. . . schickardus ius regium hebrae p. . hugo grotius de iure billi , l. . c. . s. . l. . c. . and elsewhere thorowout his second book , with infinite others of all sorts : this all good emperours and kings in all ages have prof●ssed , as these authors prove . thus the good emperour trajan practised and professed ; that the prince was not above the laws ; hence apollonius thyanaeus writing to the emperor domitian , saith , these things have i spoken concerning lawes , which if thou shalt not think to reignover thee , then thy self shalt not reign : hence antiochus the third , king of asia is commended , that he writ to all the cities of his kingdom , if there should be any thing in his letters he should write , which should seem contrary to the laws , they should not obey them . and anastatius the emperour made this wholesome sanction , admonishing all the iudges of his whole republike , that they should suffer no rescript ▪ no pragmaticall sanction , no sacred adnotation which should seem repugnant to the generall law or the publike profit , to be produced in the pleading of any suite or controversie ; enough eternally to shame and silence those flattering courtiers , lawyers , divines , who dare impudently , yea , impiously suggest the contrary into princes ears , to excite them to tyrannize and oppresse their subjects against their expresse oathes ( inviolably to observe and keep the laws ) their duties , the very lawes of god and man ; of which more in the seventh and eight observation . fourthly , that kings and emperours can neither anull , nor change the laws of their realms , nor yet impose any new laws , taxes or impositions on them , without the consent of their people , and parliamets : this i have largely manifested in the first part of this discourse , and the premised histories , with the authors here quoted in the three precedent observations , attest and prove it fully ; for if the whole kingdom , parliament , and laws themselves be above the king or emperour , and they receive their soveraign authority from the ●eople , as their publike servants : it thence infallibly follows , that they cannot alter the old laws which are above them , nor impose new lawes or taxes to binde the whole kingdom , people , without their assents , they being the soveraigne power . this point being so clear in it self , so plentifully proved in the premises , i shall onely adde this passage out of iunius brutus , to ratifie it ; if kings cannot by law change or extenuate laws once approved without the consent of the republike , much lesse can they make and create new laws ; therefore in the german empire , if the emperour think any law necessary , he first desires it in the generall assemblies ; if it be approved , the princes , barons , and deputies of cities subsigne it , and then it is wont to be a firme law : yea , he swears , that he will keep the laws enacted , and that he will make no news laws but by common consent . in the kingdom of poland there is a law , ( renewed , an. , and . ) that no new laws or constitutions shall be made , but onely by publike consent , or in any place but in parliament . in the realm of france , where yet commonly the authority of kings is thought most ample , laws were heretofore enacted in the assembly of the three estates , or in the kings ambulatory councell ; but since there hath been a standing parliament , all the kings edicts are void , unlesse the senate approve them ; when as yet the arrests of that senate of parliament , if the law be wanting , even obtain the force of a law : so in the kingdoms of england , spain , hungarie , and the rest , there is , and of old hath been the same law : for if kingdoms depend upon the conservation of their laws , and the laws themselves should depend upon the lust of one homuncio , would it not be certain , that the estate of no kingdom should ever be stable ? would not the kingdom necessarily stumble , and fall to ruine presently , or in a short space ? but if as we have shewed , the lawes be better and greater than kings , if kings be bound to obey the laws , as servants are to obey their lords ▪ who would not obey the law rather then the king ? who would obey the king violating the law ? who will or can refuse to give any to the law thus infringed ? fiftly , that all publike great officers , judges , magistrates , and ministers of all realms , are more the officers and ministers of the kingdom than the kings , and anciently were , and now ought to be of right elected onely by the kingdom , parliament , people , and not removable but by them : which is largely proved by iunius brutus vindiciae contr . tyrannos , qu. , , ● . de iure mag●stratus in subditos , qu. , , , , . with others , the histories forecited , and hotomani francogallia , c. , , , , . . that kings and emperors have no absolute power over the lives , liberties , goods , estates of their subjects , to dispose of them , murther , imprison , or strip them of their possessions at their pleasure ; but ought to proceed against them in case of delinquency according to the known lawes and statutes of their realmes : this truth is abundantly evidenced by all the premises ; by magna charta , c. . and all statutes , law-books in affirmance of it ; by resolution of the judges in henry . his reigne , brook , corone . that it is felony to slay a man in justing , and the like , notwithstanding it be done by command of the king , for the command is against the law and of judge fortescue , . h. . . that if the king grant to me , that if i kill such a man , i shall not be impeached for it , this grant is void and against law. by iunius brutus , vindiciae contra tyrannos , quaest. . p. ● , to . and the treatise de iure magistratus in subditos in sundry places , where this undeniable verity is largely proved , confirmed , and by others forecited . seventhly , that emperours , kings , princes are not the true proprietory lords or owners of the lands , revenues , forts , castles , shipps , iewels , ammunition , treasure of their empires , kingdoms , to alienate or dispose of them at their pleasures ; but onely the guardians , trustees , ●stewards , or supervisors of them for their kingdoms use and benefit , from whom they cannot alien them , nor may without their consents or privities lawfully dispose of them or any of them , to the publike prjudice ; which if they doe their grants are void and revocable . this proposition formerly ratified by many reasons , authorities , & sundry historicall passages in this appendix , is not only evident by the m●tropolitans usuall speech to all elected kings , ( prescribed by the roman pontificall , ratified by the bull of pope clement the eight , where the metropolitan , when any king is presented to him to be crowned , first demands of the bishops , who present him ; do you know him to be worthy of and profitable to this dignitie ? to which they answer , we know and beleeve him to be worthy and profitable to the churth of god , and for the government of this realme : after which the metropolitan among other things , useth this speech unto him , thou shalt undeniably administer iustice , without which no society can continue towards all men , by rendring rewards to the good , punishment to the evill , &c ▪ and shalt so carry thy self that thou maist be seen to reign● not to thine own , but to all the peoples profit , and to expect a reward of thy good deeds , not in earth but in heaven ; which he immediately professeth with a solemn oath , to perform to the uttermost of his power and knowledge ; ) but likewise professedly maintained by iustus eccardus de lege regia , marius salamonius de principatu , hugo grotius de iure belli , & pacis , l. . c. sect . . lib. c. . . hotomani franco-gallia , c. . . . ruibingius , l. . class . . c. . n. . ioannis mariana , hist. l. c. . l. . c. l. . c . albericus gentilis , de iure belli , l. . c. . cuiacius , c . de iure iurando , decius , cons. . . cephalus , concil . . alciatus , l. . de v. s. l . c. de pact . baldus proaem . digest . and by iunius brutus vindiciae contra tyrannos , qu. . p. . to . who handles this question professedly , whether that the king be the proprietory lord of the publike royall patrimany of his kingdom , or the vsufractuary of it ? determining cleerly that he is not . i shall transcribe the most of his dicourse ; this head we must handle a little more accurately . this is first to be observed , that the patrimony of the exchequer is one thing , of the prince another thing ; i say , the things of the emperour , king , prince are one thing , the things of antonine , henry , philip another : the things of the king are those , which he as king possesseth ; the things of antonine , those which he hath as antonine , and those verily he received from the people , the other from his parents . this distinction is frequent in the civill law , wherein the patrimonie of the empire is said to be one thing , of caesar another , the exchequer of caesar one thing , the treasury of the republike another , the treasurer of caesar one person , of the emperiall exchequer another , the courts of sacred donations , others from those of private things ; so that he who as emperour is preferred before a private man in a pledge , may sometimes be placed after him as antonine . likewise in the german empire , things of marimilian of austria are one kinde of things , of maximilian the emperour another ; the treasurers of the empire others , and of himself other from them ; likewise by another law , the hereditaty possession of princes are different , from those which are annexed to the dignities of the electorship . yea , even among the turks the patrimoniall grounds or gardens of selymus are one thing , the fiscall ground another ; and those verily are spent on the princes table , these onely in sustentation of the empire . yet there are kingdoms , as the french , english , and the like , wherein kings have no private patrimonie , but onely the republike received from the people , in which therefore this distinction is not used . now as for the private goods of princes , if there be any , there is no doubt but they are the proprietors of them , no otherwise then private citizens ; and by the civill law they may sell and divide them at their pleasure ; but verily of the exchequer , kingdom , royall patrimony , which is usually called demesnes , they can with no reason be cal●ed the proprietory lords . for what ? whether because one hath made thee a shepheard for his flocks sake , hath he delivered it thee to fley , divide , doe with it , and strike it at thy pleasure ? whether because the people have constituted thee a captain or judge of some citie or county , have they given thee power of alienating , selling destroying that citie or county ? and surely there is made an alienation of the people together with the region or countie , have they therefore given thee authority of severing , prostituting , enslaving them to whom thou wilt ? furthermore , is the royall dignitie a possession , or rather a function ? if a function , what community hath it with a propriety ? if a possession , whether not at least such an one , that the same people by whom it is delivered , may perpetually retain the propriety to it self ? finally , if the patrimonie of the eschequer , or demaines of the republike , be truely called a dower , and truely such a dower , by whose alienation or delapidation both the republike it self and kingdom , and king himself finally perisheth ; by what law at last , shall it be lawfull to alienate this dower ? therefore let wenceslaus the emperour be infatuated , let charles the sixth king of france be distracted , and give or sell the kingdom or a part thereof to the english ; let malchom king of scotland prodigally spend the crown land , and royall treasure , what will follow ? those who have chosen a king against the invasions of forraigners , by the folly or madnesse of the king shall be made the servants of forraigners ; those who by this means would severally desire to secure their estates , shall all of them together be exposed to a prey ; those things which every one shall take from himself or from his pupils , as in scotland , that he might endow the commonwealth , some bawd shall riotously consume . but if , as we have already often said , kings be created for the peoples use , what use at all shall there be , if not onely the use , but even the abuse be granted ? to whose good are so many evils ? to whose benefit so many losses , so many perils ? if , i say , whiles i desire to look after my liberty or safetie , i make my selfe a slave , i expose my selfe to the lust of one man , i put my self into fetters and stocks ? therefore we see this law , as it is infused by nature , so likewise it is approved by use almost among all nations , that it is not lawfull for the king to diminish the commonwealth at his pleasure ; and he who doth contrary , is censured to play not the king , but tyrant . certainly where kings were created , there was a necessity to give them some revenues , by which they might both support their royall state , but most principally sustain the royall burthens , for so both honesty and profit seemed to require . it pertained to the royall office to see judges placed every where , who should not take gifts , and who should not prostitute the law to ●ale ; moreover , to provide a force ready at hand which should assist the law when ever there should be need ; to preserve the wayes safe , commerce safe , &c. but if warre were feared ; to fortifie cities with a garrison , to inviron them with a trench against enemies , to maintain an army , to furnish armories ▪ now this is a know proverb , that peace cannot consist without warre , nor war without souldiers , nor souldiers without wages , nor wages without tribute : therefore to sustaine the burthens of peace , the demesne was instituted , ( which among the lawyers is called canon ) to defray the charges of warre , tribute ; yet so , as if some more heavy charge should accrue , an extraordinary ayde given by parliament should supply ; the end of all which verily , is the good of the commonwealth , so as he that converts it to his private use , is plainly unworthy the name of a king . for a prince , saith paul , is the minister of god for the peoples good , and tributes and customes are paid to him , that he may continually attend thereto ; and truely heretofore almost all customs of the romanes seem to have had this originall , that the precious merchandize used to be brought out of india , arabia , aethiopia might be secured against piraticall invasions , for which cause a navie was furnished ; of which kinde was the tribute of the red-sea , pedatica , navigia , portoria , and the rest ; that the publike wayes , ( which were therefore called pretorian , consular , royall ) should be rendred safe from theeves , plain and easie ; which charge even now lieth upon the kings attorny ; that the publike bridges should be repaired , as appears out of the constitution of lewes the godly ; twelve over seyne ; that ships should be ready at hand to transport men over rivers , &c. there were no tributes of saltpits , yea , most of them were in the dominion of private men ; because what things nature did voluntarily give , they thought ought no more to be sold , then light , ayre , water . and whereas a certain king named lycurgus , had begun to impose a tax on salt pits , as if nature would not suffer her liberality to be restrained , they are said to have been presently dried up ; although at this day , if we beleeve palphur or armilot , whatever good , or faire thing can be got out of the whole sea , in each realme it flowes , some custome to the kings exchequer owes . he who first instituted this custome at rome , was livius censor , whence he obtained the surname of salinator , which he did for the most present necessity of the commonwealth . for that very cause truly , king philip obtained it onely for five yeares , whose continuation what commotions it hath produced , every man knoweth ▪ finally , that tributes were instituted to pay souldiers wages in warres , appeares even from this , that to make a province stipendary or tributary , is the selfe-same thing indeed . thus solomon imposed tributes to fortifie cities , and to furnish a publike armory , which because they were finished , the people under rehoboam desired to be eased thereof : yea , the turkes themselves call the tribute of princes , the sacred blood of the people , which profusely to spend , or to convert to any other use , but to defend the people , is a cursed act . therefore what things soever a king acquires in warres in every nation , because he gaines it by the common treasure , ●e acquires it to the people , not to himselfe , as a factor doth to his master : moreover if perchance he gaine any thing by marriage ( which i say , is pure and simply his wives ) he is thought to acquire it to the kingdome , because he was presumed to marry that wife , not as he is philip or charles , but as he is king. on the contrary , as queenes have part of those things which their husbands not yet co-opted into the kingdome have gained during the marriage ; so plainly they have no part of those things they get after they have obtained the kingdome , because they are reputed gained to the publike treasures , not to the private meanes of the king , which was judged in the realme of france , between philip valoyes and ioan of burgundy his wife . now , lest the monies should be extorted to some other use , the emperour sweares , that he will impose no customes , nor enjoyne no taxes , but by the authority of a publike assembly . the kings of poland , hungary , denmarke , england doe the like out of the lawes of edward the first . the french kings heretofore demanded tributes in the assemblies of the three estates ; hence also is that law of philip valoyes ; that impositions should not be imposed but upon great and urgent necessity , and that by the consent of the three estates : moreover in times past those taxes were laid up in castles throughout every diocesse , and delivered to selected men ( they even now call them elected ) to be kept , by whose hand the soldiers enrolled in every town , should receive their wages , which was also usually done in other countries , as in the belgick ; at this day at least , whatsoever things are commanded , are not confirmed , unlesse the parliament consent . now there are some provinces , which are not bound by covenant , but by the consent of the estates , as languedoc , britain , province , dolphenie , and some others ; and in the netherlands clearly all . finally , lest the eschequer , swelling like the spleen , whereby all the other members do pine away , should draw all things to it self , every where a due proportion is allotted to the eschequer . since therefore at last it appeares , that the tributes , customes , demesall , that which they call demesnes , ( under which names portages , imposts , exposts , royalties , wr●cks , forfeitures , and such like are comprehended ) which are ordinarily or extraordinarily given to kings , were conferred on them for the benefit of the people , and supportation of the kingdome , and so verily ; that if these nerves should be cut in sunder the people would fall to decay , these ●oundation being under-mined , the kingdome must needs fall to the ground ; it truely followes , that he who to the prejudice of the people burthens the people , who reaps a gain out of the publike losse , and so cuts their throat with their own sword , is not a king , but a tyrant : contrarily , that a true king , as he is a survey or of the publike affaires , so likewise an administrator of the publike riches , but not a proprietary lord , who can no more alienate or dissipate the royall demesnes , then the kingdome it selfe ; but if he shall demene himselfe otherwise ; verily as it is behoovefull to the republike , that every one should use his own proper goods well , much more is it beneficiall for the commonweal , that every one should use the publike estate well . and therefore if a lord who prodigally spends his estate , is by publike authority deduced to the wardship of his kinsmen , and family and compelled to abstaine from his possessions ; then truly much more justly , the gardian of the republike , who converts the publike administration of all wealth into the publike destruction , or utterly subverts it , may justly be spoiled , by those whom it concernes , and to whom it belongeth out of office , unlesse he desists upon admonition . now that a king in all lawfull empires is not a proprietary lord of the royall patrimony , is easie to be manifested . that we may not have recourse to those most ancient ages , whose image we have in the person of ephron king of the hittites , who durst not verily fell his field to abraham , without the peoples consent ; that very law is at this day used in all empires . the emperour of germany before he is crowned , sacredly swears , that he will alienate , distract , or morgage nothing of those things which appert un to the empire , and the patrimony of the empire ; but if he recovers or acquires any thing by the publike forces , that it shall come to the empire , not to himself . therefore when charles the fourth , that wenceslaus his sonne might be designed emperor , had promised an crowns to every one of the electors , and because he had no ready monies , had obliged to them by way of pawne to this end , the imperiall customs , tributes , townes , proprieties and rights ; there arose a most sharp dispute about it , and the most judged the morgage to be void ; which verily had not availed , unlesse that morgage had been gainfull to those very men , who ought to defend the empire , and principally to oppose that morgage : yea , therefore wenceslaus himself was compelled , as incapable , to deprive himself of the empire , because he had suffered the royall rights , especially the dukedome of millain to be taken from him . in the polish kingdom there is an ancient law , of not alienating the lands of the kingdom of poland , renewed an. m. ccclxv by king lewes : there is the same law in the realm of hungary , where we reade , that andrew king of poland , about the year m. ccxxi . was accused before pope honorius the third , that neglecting his oath , he had alienated the crown lands . the like in england in the law of k. edward , an. m. ccxcviii . likewise in spain by the constitution made under alphonso , renewed again mdlx in the assembly at toledo ; which lawes verily were enacted , when as custome for a long time before had obtained the force of a law. but verily in the kingdome of france , wherein , as in the pattern of the rest , i shall longer insist , this law was ever sacrosanct : it is the most ancientest law of the realme , i say , the law born with the kingdom it self , of not alienating the crown ( or demesne ) lands , renewed in the year m , d , . although it be ill observed . two cases onely are excepted , panage or apennage ( aliments ) to be exhibited to his children or brethren , yet so as the clientelary right be alwayes retained ; again , if warlike necessitie require it , yet with a pact of reddition , yet in the interim both of them were heretofore reputed void , unlesse the assembly of the three estates had commanded it ; but at this day , since a standing parliament was erected , it is likewise void , unlesse the parliament of paris , which is the senate of peers , and the chamber of publike accounts shall approve it , and the presidents of the eschequer also by the edict of charles the and . and this is so farre forth true , that if the ancient kings of france would endow any church , although that cause then seemed most favourable , they were bound to obtain the consent of the nobles ; as king childebert may be for an example , who without the consent of the french and normans , durst not endow the monastery of s. vincents in paris , as neither clodovess the second , and the rest . moreover , they cannot release the royalties , or the right of nominating prelates to any church ; but if any have done it , as lewes the eleventh in favour of the church of sennes , and philip the fourth of augiers , philip augustus of naverne , the parliament hath pronounced it void . the king of france , when he is to be crowned at rheimes , sweares to this law , which if he shall violate , it avails as much as if he contracted concerning the turkish or persian empire . hence the constitutions , or as they call it , the statutes of philip the sixt , iohn the d , charles the fift , sixt , eight , of resuming those things which were alienated by their ancesto●● ( of which resumptions there are many instances cited by hugo grotius de iure 〈◊〉 & pacis , l. . c. . n. . . & adnotata ibid. ) hence in the assembly of the three estates at towres ( an. . . . . . ) in which charles the eight was present , many towns of the alienation of lewes the eleventh his father , which he had by his own authoritie given to tancred castellan , who demerited well of him , were taken from his heirs ; which even in the last assembly of the three estates held at orange , was again decreed . thus concerning publike lands . but that it may the more evidently appeare , that the kingdome is preferred before the king , that he cannot by his private authoritie diminish the majestie which he hath received from the people , nor exempt any one from his empire , nor grant the right of the soveraign dominion in any part of the realm ; charles the great once endeavoured to subject the realm of france to the german empire ; but the french vehemently withstood it , a certain vascon prince making the oration : the matter had proceeded to arms , if charles had proceeded further . likewise , when some part of the realm of france was delivered to the english , the supreme right was almost perpetually excepted ; but if force extorted it at any time , as in the brittish league , wherein king iohn released his soveraign right in gascoigne and poytiers , the king neither kept his contract , neither could or ought he more to keep it , then a captain , tutor or guardian , as then he was ; who that he might redeem himselfe , would oblige the goods of his pupils . by the same law the parliament of paris rescinded the agreement of the flusheners , wherein charles of burgundy extorted ambian , and the neighbour cities from the king ; and in our time the agreement of of madrit , between francis the first a captive , and charles the fift the emperour , concerning the dukedome of burgundy was held void ; and the donation of charles the sixt of the kingdom of france by reason of death , conferred on henry king of england , may be one apt argument of his extreme madnesse , if others be wanting . but that i may omit other things which might be said to this purpose , by what right at last can a king give or sell his kingdom or any part thereof , seeing they consist in the people , not in the walls ? now there is no ●ale of free men , when as land-lords cannot so much as constrain their free tenants , that they should settle their houshold in any other place then where they please ; especially seeing they are not servants , but brethren ; neither onely are all kings brethren , but even all within the royall dominion ought to be so called . but whether if the king be not the proprietorie of the realme , may he not at least be called the usufructuary , or receiver of the profits of the crown lands ? truely , not so much as an usufructuary . a usufructuary can pawn his lands , but we have proved , that kings cānot morgage the patrimony of the crown . a fructuary can dispose or give the profits at his pleasure ; contrarily , the great gifts of the king are judged void , his unnecessary expences are rescinded , his superfluous cut off ; what ever he shall convert into any other but the publike use , he is thought to have violently usurped . neither verily is he lesse obliged by the cincian law , then any private citizen among the romanes , especially in france where no gifts are of force without the consent of the auditors of the accounts . hence the ordinary annotations of the chamber under prodigall kings ; this donation is too great , and therefore let it be revoked . now this chamber solemnly swears , that whatsoever rescript they shall at any time receive from the king , that they will admit nothing which may be hurtfull to the kingdom and commonweale . finally , the law cares not how a fructuary useth and enjoyeth his profits ; contrarily , the law prescribes the king in what manner , and unto what use he ought to put them . therefore the ancient kings of france were bound to divide the rents into four parts ▪ one part was spent in sustaining the ministers of the church , and the poor , another upon the kings table , the third on the wages of his houshold servants , the last in the repaire of royall castles , bridges , houses ; the residue , if there were any , was laid up in the treasury . verily what stirs there were about the year in the assembly of the three estates at paris , because charles the sixt had converted all things into his and his officers lusts , and that the domestick accounts , which before had not exceeded thousand french crowns in such a miserable estate of the republike , had increased to the sum of five hundred and forty thousand crowns , is sufficiently evident out of histories : now as the rents of the crown were thus lessened , so also the oblations and subsidies were spent upon the warre , as the taxes and tallages were onely destinated to the stipends of souldiers . in other realms the king verily hath not any more authority , yea , in most he hath lesse , as in the germane and polish empire : but we would therefore prove this to be so in the realm of france , lest by how much any man dares to doe more injury , by so much also he might be thought to have more right . in summe , what we have said before , the name of a king sounds not an inheritance , not a propriety , not a perception of profits , but a function , a procuration . as a bishop is instituted for the cure and salvation of the soul , so the king of the body , in those things which pertain to the publike goods ; as he is the dispenser of sacred goods , so the king of prophane , and what power he hath in his episcopall , the same , and no greater hath the king in his dominicall lands ; the alienation of the episcopall lands without the consent of the chapter , is of no validitie , so neither of the crown land without a publike parliament or senate of the estates ; of sacred revenews one part is designed to aedifices , another to the poor , a third to companions , a fourth to the bishop himself ; the same verily almost we see the king ought to do in dispensing the revenewes of the kingdom . it hinders not , that the contrary every where is at this day usurped : for the duty of bishops is not any way changed , because many bishops sell those things from the poor , which they spend upon bawds , or wast all their mannors and woods ; nor yet that some emperours have attributed all kinde of power to themselves , for neither can any one be judge in his own cause . but if any cararalla hath said , that so long as his sword remains , he would want no money ; adrianus caesar will also be p●esent , who shall say , that he would manage the principality , so as all should know , that it was the peoples goods , or inheritance , not his own ; which one thing almost distinguisheth a king from a tyrant : not , that attalus king of pergameni , ordained the people of rome ●eirs of his realme ; that alexander bequeathed the kingdom of aegypt , ●tolomie of the cyrenians , to the people of rome , or prasutagus of the ●ceni to caesar ▪ verily this great power cannot debilitate the force of the law , yea , by how much the greater it is , by so much the lesse it hurts our law ; for what things the romanes seized upon by pretext of law , they wou●● notwithstanding have seized on by force , if that pretext had been wanting : yea , we see almost in our ●imes , the venetians , by pretext of a certain imaginary adoption , which without force had been plainly ridiculous , to have taken the kingdom of cyprus . nor yet doth the donation of ●onstantine to pope sylvester hinder , for this chaffe seemed absolete long since to gratian , and is damned to the fire . not the donation of lewes the godly to pas●hall , to wit , of rome , with part of italy because pius gave that which he possessed not , and no man resisted ; but charles , his father , willing to subject the realm of france to the german empire , the french resisted him by law ; and if he had gone further , they prepared to resi●● by force not , that solomon as we read , delivered twenty cities to hiram king of tyre , for he did not give them , but pawned them as a creditor till he paid him , and within a short time recovered them , which appears out of the text ; moreover also they were barren grounds , tilled by reliques of the heathens , which he receiving again from hiram , gave them at last to the israelites to be tilled and inherited . neither can this more hinder , that in certain kingdoms this condition perchance doth not so expresly intervene betweene the king and his people ; for albeit it were not at all , yet it appears by the law of nations , that kings are not subverters , but moderators of the republike , that they cannot change the right of the commonwealth by their pactions ; that they are lords onely when they take care of their pupils , that they are to be accounted no other then guardians ; and that he is not to be esteemed a lord , who spoils the city with liberty , and selleth it like a slave . not finally , that certain kingdoms are gained by kings themselves , for they acquired not kingdoms by their owne , but by publike hands , forces , treasures ; now nothing is more consonant to reason , then that those things which are gotten by the publike riches , and common dangers of the citizens , should not be alienated without common consent , which holds place even amongst theeves themselves ; he destroyeth humane society , who doth the contrary : therefore though the french have by force seized on the german empire , and they also on the realm of france , yet the same law holds in both . in sum , at last we ought to determine , that kings are not proprietors , nor fructuaries , but onely administratours ; and since it is so , that verily they can much lesse attribute to themselves the propriety and profits of every mans private estate , or of the publike wealth which belongeth to every town . thus and much more this accute learned lawyer , to the conviction and refutation of all opposite ignoramusses in this case of grand concernment , which will put a period to our unhappy controversies concerning the militia , ( formerly discussed ) without further debate . eighthly , that emperours and kings are most solemnly obliged by a covenant and oath , usually made to , and before all the people at their coronations , to preserve their peoples lawes , liberties , lives , estates ; by breach whereof in a wilfull excessive manner , they become perjured tyrants , and the people and magistrates are in some sort thereby absolved from their allegiance , and all obedience to them . this is evidently and plentifully confirmed by the forecited coronation oathes , and covenants of our own english kings to their subjects , by de iure magistratus in subdit●s , q●aest . . p. . . and quaest . p. . to . andrew favine his theatre of honour , lib. . c. . . francisci hotomani franco-gallia , cap. . . &c. hugo grotius de iure belli & pacis , . . c. . . pontifi●ale romanum , rome . fol. . . descriptio coronationis maximiliani imperatoris , anno . inter rerum german scriptores , tom. . p. . olaus magnus de gent. septentrionalibus hist. l. . c. . laur , bochellus decreta ecclesiae gallicanae , l. . tit. . c. . p. . m. iohn seldens titles of honour part . . ch . . sect . . p. . . . . ( where the coronation , oathes of the emperour , french king , of all the northern kings , and of most elective and successive kings and queens to their subjects , are at large recorded : ) alhusius polit. c. . iustus eccardus de lege regia ; thomas aquinas de reg. principis , c. . & . qu. ae . . art . . iohn ponet bishop of winchester in his politicall government . arnisaeus de authoritate principum , p. . to . sparsim . vesquius contro . illustr . passim . ioannis mariana de rege & regis instit. l. . c. . . . georg. bnchanon de lure regni apud scotos . simancha pacensis de catholica . instit. tit. . n. p. . franciscus tolletus in summa l. c. . huldericus zuinglius ; explan . artic. . . . and , to omitall others , iunius brutus in his vindiciae contra tyrannos , quaest . . p. . to . with whose words i shall fortifie and irradiate this position : we have said , that in constituting a king a double covenant is entred into ; the first between god , the king and people , of which before ; the second , between the king and the people , of which we are now to treat . saul being ordained king , the royall law was delivered to him , according to which he should rule . david made a covenant before the lord in hebron ; that is , calling god to witnesse , with all the elders of israel , who represented all the people , and then at last he was annointed king . ioas also made a covenant with all the people of the land in the house of the lord , iehoiada the high priest going before them in words : yea , the testimony is said to be imposed on him together with the crown ; which most interpret the law of god , which every where is called by that name . likewise iosiah promised , that he would observe the precepts , testimonies and statutes comprized in the book of the covenant ; by which names we understand the lawes which appertained as well to piety as to justice . in all which places of scripture , a covenant is said to bee made with all the people , the whole multitude , all the elders , all the m●n of iudah ; that we may understand , which is likewise severally expressed , not onely the princes of the tribes , but likewise all the chiliarkes , centurions , and inferior magistrates were present , in the name of the cities , which every one a part by themselves made a covenant with the king . in that covenant they consulted of creating the king , for the people did make the king , not the king the people . therefore there is no doubt , but the people made the covenant , and the king promised to perform it . now the part of him that makes the covenant is reputed the better law : the people demanded of the king , whether he would not rule justly and according to the lawes ? hee promised that he would doe so : wherupon the people answered , that hee reigning justly , they would faithfully obey him . therefore the king promised obsolutely ; the people , but upon condition ; which if it were not fulfilled , the people by the law it selfe should bee reputed absolved from all obligation . in the first covenant or pact , pietie comes into the obligation , in the second , iustice : in that , the king promiseth , that he will seriously obey god ; in this , that he will justly rule the people : in that , that he will take care of the glory of god ; in this , of the benefit of the people ; in that there is this condition , if thou shalt observe my law ; in this , if thou shalt render iustice to every one : of that , if it be not fulfilled , god properly is the avenger ; of this , lawfully all the people , or the peers of the realm , who have taken upon them to defend all the people . now in all just empires , this hath been perpetually observed . the persians having duely finished their sacrifices , made this agreement with cyrus , thou first , o cyrus , if any make warre with the persians or violate the lawes , doest thou promise to ayde thy countrey with all thy might ? and as soon as he had promised , we persians , say they , will be aiding to thee , if any will not obey thee , defending they countrey : xenophon calls this agreement 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that is , a confederation , as socrates an oration of the duty of subjects towards their prince 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 : between the kings of sparta and the ephori , a covenant was renewed every month ; and as the kings did swear , that they would reign according to the laws of the countrey ; so the ephori , if they did so , that they would establish the kingdom in their hand . likewise in the kingdom of the romanes , romulus made this contract with the senate and people , that the people should make lawes , that the king himself would keepe the lawes made ; that the people should decrée warre , himself wage it . and although many emperours obtained the empire of the romans rather by force and ambition , then by any right , and by the royall law , as they call it , arrogated all kinds of power to themselves ; yet the* fragments of that law , which are extant as well in books as in roman inscriptions , sufficiently reach ; that a power was granted them , of caring for and administring , not of subverting the common-weal and oppressing it by tyranny . moreover , even good emperours professed , that they were bound by the lawes , and acknowledged their empire received from the senate , and referred all the weigh●iest affaires to the senate , and they judged it unlawfull to determine any thing of great publike concernment without their aduice . but if wee behold the present empires , there is not one of them which may be thought worthy of that name , wherein there is not some such covenant intervening between the prince and subiects . in the german empire , not long since , the king of romanes being to be crowned emperour , was wont to make fealty and homage to the empire , no otherwise then a vassall ( or tenant ) to his lord , when he received investiture of his lands . and although the conceived words , to which he sware , be a little changed by popes , yet the same thing remains perpetually . therefore we know that charles the . of austria was created emperour upon certain lawes and conditions , as likewise others , who have succeeded him ; of which the summe was ; that he would keep the lawes enacted ; that he would make no new lawes , without the electors consents ; that he would determine publike affaires in a publike counsell ; that he would altenate or pervert none of these things which pertained to the empire ; with other things which are severally recited by historiagraphers : and when as the emperour is crowned at achen , the archbishop of colen first demands of him ; whether he will not defend the church , administer justice , preserve the empire , protect widowes , orphans , and all worthy of pitty ? which when he hath solemnly sworn to perform before the altar , the princes and those who represent the empire , are demanded , whether they will promise to fealty him ? neither yet is he first annointed , or receives a sword , ( of purpose to defend the republike ) or other ensignes of the empire , before that he shall have taken that oath . from whence verily it is manifest , that the emperour is purely obliged , the princes of the empire upon condition onely . no man will doubt but that the same is observed in the kingdom of poland , who shall understand the ceremonies very lately observed in the election and coronation of henry of angiers : especially , the condition propounded to him of conserving both religions , as well the evangelicall as roman , which the nobles thrice demanding of him in set forme of words , he thrice promised to perform . in the hungarian , bohemian , and other kingdomes , which would be over-long to recite , the very same is done . neither onely , where the right of election hath continued yet entire hitherto , but likewise where meer succession is commonly thought to take place , the very same stipulation is wont to intervene . when the king of france is crowned , the bishops of laudune and belvace ecclesiasticall peers , first demand of all the people that are present , whether they desire and command him to be king ? whence even in the very forme it self of inauguration , he is said to be elected by the people . when the people seem to have consented , he sweares : that he will universally defend all the lawes , priviledges , and rights of france , that he will not alienate his demesnes , and the like ( i shall here insert the oath out of bochellus , mr. selden , and others intirely , thus : archiepiscopt ammonitio ad regem dicendo it a ( in the name of all the clergy . ) a vob is perdonari petimus , ut vnicuique de nobis & ecclesis nobis commissis , canonicum privilegium , & debitam legem atque justitiam conservatis , & defensionem exhibeatis , sicut rex in regno suo debet unicuique episcopo , & ecclesiae sibi commissae . responsio regis ad episcopos . promit to vobis & perdono , quia vnicuique de vobis & ecclesiis vobis commissis canonicum privilegium , & debitam legem atque justitiam conservabo , & defensionem quantum potuero exhibebo , domino adjuanente , sicut rex in suo regno unicuique episcopo & ecclesiae sibi commissae per rectum exhibere debet . item● haec dicit rex , & p●omittit & firmat juramento . haec populo christiano & mihi jubdito , in christi nomine , promitto : in primis , vt ecclesiae dei , omnis populus christianus veram pacem nostro arbitrio in omni tempore servet ; & superioritatem , jura , & nobilitates coronae franciae inviolabiliter custodiam , et illa nec transport abo nec alien abo . item , ut omnes repacitates & omnes iniquitates omnibus gradibus interdicam . item , ut in omnibus judiciis aequitatem & misericordiam praeoipiam , ut mihi & vobis indulgeat persuam misericordiam cl●mens & misericors dominus . item , de terra mea ac jurisdictione mihi subdita universos haereticos ecclesia denotatos , pro viribus bona fide exterminare studebo . haec omnia praedicta firmo juramento . tum manum apponat libro & librum osculetur ) these things , though they have been altered , and are farre different from the ancient forme of the oath which is extant in the library of the chapter of belvace , to which philip the first is found to have sworn ; yet notwithstanding they are plainly enough expressed : neither is the king girt with a sword , annointed , crowned by the peeres ( who even themselves are adorned with coronets ) or receives the scepter or rod of iustice , or is proclaimed king , before the people have commanded it ; neither doe the peeres themselves swear fealty and homage to him , untill he shall have given his faith unto them , that he will exactly keep the lawes : now those are , that hee shall not waste the publike patrimony : that he shall not impose nor enjoyn customes , taxes , tributes at his owne pleasure , nor deneunce warre , or make peace ; finally , that he shall determine nothing concerning the publike affaires , but in a publike councell : also , that the senate , the parliaments , the officers of the kingdome shall constantly enjoy their severall authorities ; and other things which have been alwayes observed in the realm of france . yea verily , when he enters into any province or city , hee is bound to confirm their priviledges , and he binds himselfe by oath to preserve their lawes and customes : which custome takes place by name among those of tholouse dolphenie , britanny , province and rochel ; whose agreements with kings are most expresse ; all which should be frustrate unlesse they should be thought to hold the place of a condition in the contract . yea charles the . made a peace with philip duke of burgundy ( whose father iohn he had ●reacherously slain ) with this expresse clause contained in it , confirmed with the kings own seale ; that if he should break this agreement , his tenants , feudataries ; and subjects present and to come , should not be thence forth bound either to obey or serve him , but rather the duke of burgundy and his successours , and that they should be freed and absolved from all the fealty , oathes , promises , obligations and duties whatsoever , under which they were formerly obliged by charles . the like we read between king lewis and charles the bald. yea , pope iohn the . in the treaty between philip the long of france , and the fl●mmings , caused it to be set downe , that if the king did infringe the treaty , it might be lawfull for his subjects to take armes against him ; and if was usuall among the first kings of france in their treatises with other princes , to sweare , that if they brake the treaties made by them , their subjects shall be free from their obedience , as in the treaty of arras and others . the oath of the ancient kings of burgundy is extant in these words , i will conserve law , justice , and protection to all men . in england , scotland , sweden , donmarke , there is almost the same custome as in france , and verily no where more directly then in spain . for in the kingdome of arragon , many ceremonies being dispatched between him who represents the justice of arragon , or publike majesty , who sits in an higher throne , and having read the lawes and conditions , which he is to observe who is to be crowned king , who both fealty and homage to him , the nobles at last speake thus to the king in their owne language ; we , who are as powerfull as you , ( for so the spanish idiom imports ) and can doe more then you ▪ have chosen you king upon these and these conditions , between you and us there reignes one greater then you ; ( to wit , the iustice of arragon . ) now lest he should think he had sworn those things onely perfunctorily , or onely for to observe the old custome , these very words are wont to be repeated every third yeere in the publike assembly : but if he shall grow insolent trusting to his royall power , shall violate the publike lawes , finally , shall neglect the oath he hath taken ; then verily by the law it selfe , he is deemed excommunicated with that grandest excommunication ( or anathema ) wherewith the church in former times excommunicated iulian the apostate ; whose force truly is such ; that no more prayers may be conceined for him , but against him ; and they themselves are clearly absolved from their oath and obligation by that law , whereby a vassall out of duty ought not to obey an excommunicated lord , neither is bound to do it by his oath ; which is ratified among them by the decree both of a councell , and of a parliament or publike assembly . likewise in the kingdome of castile , an assembly being summoned , the king that is to be crowned , is first publikely admonished of his duty ; after which , most expresse conditions are read , which pertaine to the profit of the republike : then the king sweares , that he will diligently and faithfully observe them ; then at last the great master of the knights binds himselfe to him by oath , whom the other princes and deputies of cities afterwards follow every one in his order ; which also is in like manner observed in portugall , leon , and the other kingdomes of spain . neither verily , were lesser principalities instituted by any other law. there are extant most expresse agreements of the brabanders , of the other people of belgia , austria , carintha , and other provinces , made with their princes , which verily have the place of conditions ; but the brabanders expresly , that place might not be left to any ambiguity , have expressed this condition . for in inaugurating their duke , in ancient conventions , wherein there is almost nothing wanting for the preservation of the republike , they being all read over before the duke , they protest openly and plainly to him , that unlesse he shall observe them all , that it shall be free for them to chuse another duke at their pleasure : which conditions he embracing and willingly acknowledging , he then binds himselfe by oath to observe them , which was also observed in the inauguration of philip the last king of spaine , in sum , no man can deny , but that there is a mutuall binding contract between the king and subjects , to wit , that he raigning well , shall be well obeyed : which verily is wont to be confirmed with an oath by the king first , afterwards by the people . now verily i demand here , why any man should sweare , but that he may shew that he speaks from his heart and seriously ? whether truly is there any thing more agreeable to nature , then that those things which have pleased us , should be observed ? moreover , why doth the king swear first , at the peoples stipulation or request , but that he may receive either a tacit or expresse condition ? but why is a condition annexed to a contract , but onely to this end , that if it bee not fulfilled , the contract should become voide in law it selfe ? but if through default of performing the condition , the contract be voide in law it selfe , who may call the people perjured , who shall deny obedience to a king , neglecting that condition which hee might and ought to fulfil , & violating that law to which he hath sworn ? yea , who on the contrary would not account the king faedifragous , perjurious & altogether unworthy of that benefit ? for if the law freeth the vassal from the bond of his tenure , against whom the lord hath committed felony or perjury , although the lord truly doth not properly give his faith to his vassall , but his vassall to him : if the law of the twelve tables commands a patron who defrauded his client to be detestable : if the civil laws permit a villain enfranchised an action against the outragious injury of his lord ; if in these cases they free a servant himself from his masters power , wheras yet there is only a naturall not civill obligation therein , ( i shall adde out of dejure magistratus in subditos . if in matrimony , which is the nearest and strictest obligation of all other between men , wherin god himselfe intervenes as the chief author of the contract , and by which those who were two are made one flesh , if the one party forsakes the other , the apostle pronounceth the party forsaked to be free from all obligation , because the party deserting violates the chief condition of marriage , &c. ) shal not the people be much more absolved from their allegiance which they have made to the king , if the king , who first solemnly sweares to them , as a steward to his lord , shall break his faith ? yea verily whether if not these rights , not these solemnities , not these sacraments or oathes should intervene , doth not nature it selfe sufficiently teach , that kings are constituted by the people , upon this condition , that they should reign well ? iudges , that they shall pronounce law ? captaines of warre , that they should lead an army against enemies ? but and if so be they rage , offer injury , so as themselves are made enemies , as they are no kings , so neither ought they to be acknowledged by the people . what if thou shalt say , that some people subdued by force , the prince hath compelled to swear to his commands ? what , say i , if a thiefe , a pyrate , a tyrant , with whom no society of law or right is thought to be , should with a drawn sword violently extort a deed from any one ? is it not known , that fealty extorted by force bindeth not , especially if any thing be promised against good manners , against the law of nature ? now what is more repugnant to nature , then that a people should lay chaines and fetters upon themselves , then that they should lay their own throats to the sword ? then that they should lay violent hands upon themselves ? ( or which is verily the same thing ) promise it to the prince ? therefore there is a mutuall obligation between the king and people , which whether it be only civill or naturall , tacit , or in expresse words , can be taken away by no agreements , violated by no law , rescinded by no force : whose force only is so great , that the prince who shall contemptuously break it , may be truly called a tyrant , the people who shall willingly infringe , it seditious : so this grand accute lawyer determines . i shall close up this with the unanimous resolutions and notable decree of the united netherland provinces . anno dom. . declaring philip king of spain to be fallen from the seigniorie of the netherlands for his tyranny and breach of oath , which is thus recited by grimstone , and recorded in his generall history of the netherlands , page , to . in the alterations which happen sometimes in an estate betwixt the soveraigne prince and a people that is free and priviledged , there are ordinarily two points , which make them to ayme at two divers ends : the one is , when as the prince seeks to have a full subjection and obedience of the people , and the people contrariwise require , that the prince should maintaine them in their freedomes and liberties , which he hath promised and sworne solemnly unto them , before his reception to the principalitie . thereupon quarrels grow : the prince will hold a hard hand , and will seek by force to bee obeyed ; and the subjects rising against the prince , oftentimes with dangerous tumults , rejecting his authority , seek to embrace their full liberty . in these first motions there happen sometimes conferences , at the instance of neighbours , who may have interest therin , to quench this fire of division betwixt the prince and his subjects . and then if any one of the parties groweth obstinate , and will not yeeld , although he seeme to be most in fault , it followeth of necessity , that they must come to more violent remedies , that is to say to armes . the power of the prince is great , when hee is supported by other princes , which joyn with him for the consequence of the example , else it is but small : but that of the people ( which is the body , whereof the prince is the head ) stirred up by conscience ( especially if the question of religion be touched ) the members ordained for their function , doing joyntly their duties , is farre greater . thereupon they wound they kill , they burne , they ruine , and grow desperately mad : but what is the event ? god ( who is an enemy to all tyranny and disobedience ) judgeth quarrels , weigheth them in his ballance of justice , helping the rightfull cause , and either causeth the prince for his rigour and tyranny to be chased away , and deprived of his estate and principality ; or the people for their contempt and rebellion are punished and reduced unto reason ; which causeth the alterations to cease , and procureth apeace : whereof we could produce many examples , both antient and moderne , if the relation of this history did not furnish us sufficiently . so the generall estates of the united provinces , seeing that king philip would not in any sort ( through his wilfulnesse ) yeeld unto their humble suite and petitions ; and notwithstanding all the offers they could make to purchase a good , firme , and an assured , peace , ( notwithstanding all the intercessions both of the emperour , the french king , the queen of england , and other great princes and potentates of christendom ) yet would he not give eare to any other reason , but what himselfe did propound : the which the said estates did not only find unjust and unreasonable , directly repugnant to their liberties , constitutions , and freedomes of the countrey ; but also contrary to their consciences , and as it were so many snares layed to catch them , which were in no sort to be allowed of , nor received , considering the qualitie of their affair and his , according to the time . in the end , rejecting all feare of his power and threats , seeing they were forced to enter into all courses of extremity against a prince , which held himselfe so hainously offended , as no reconciliation could be expected , relying upon the justice and equitie of their cause , and sinceritie of their consciences ( which are two brazen bulwarks ) they were fully resolved ( without dissembling ) to take the matter thus advanced in hand , and opposing force against force , meanes against meanes , and practises against practises , to declare him quite fallen from the seigniorie , preheminence , and authority , which before the troubles , the breach of their priviledges , right , freedomes , and immunities , so often and so solemnly sworne by him , and dispensation of his oaths , he had or was wont to have in the said provinces respectively . whereof they made open declaration by a publick edict , the tenour whereof followeth . the generall estates of the united provinces of the netherlands , to all those that these presents shall see , reade , or heare , greeting as it is well known unto all men , that a p●ince and lord of a countrey is ordained by god , to be soveraign and head over his subjects , and to preseveve and defend them from all injuries , force , and violence , even as a shepheard for the defence of his sheep , and that the subjects are not created by god for the prince , to obey him in all he shall command , bee it with god , or against him , reasonable or unreasonable , nor to serve him as slaves and bondmen ; but rather the prince is ordained for his subjects ( without the which he cannot be a prince ) to governe them according unto equity and reason , to take care for them , and to love them even as a father doth his children , or a shepheard his sheep , who putteth both his body and life in danger , to defend and preserve them . if the prince therefore faileth herein , and in stead of preserving his subjects , doth outrage and oppresse them , depriveth them of their priviledges and ancient customes , commandeth them , and will be served of them as of slaves , they are no longer bound to respect him as their soveragn prince and lord , but to esteem of him as a tyrant ; neither are the subjects ( according unto law and reason ) bound to acknowledge him for their prince ; so as without any offence , being done with deliberation and the authority of the estates of the countrey , they may freely abandon him , and in his place chuse another for their prince and lord , to defend them : especially , when as the subjects by humble suit , intreatie , and admonitions , could never mollifie their princes heart , nor divert him from his enterprises an tyrannous designes : so as they have no other meanes left them to preserve their antient libertie , their wives , children and posterity , for the which ( according to the lawes of nature ) they are bound to expose both life and goods ; as for the like occasions , we have seene it to fall out often in divers countries , whereof the examples are yet fresh in memory . the which ought especially to bee of force in these countries , the which have alwayes been and ought to be governed , according , unto the oath taken by their princes , when they receive them , conformable to their priviledges and antient customes , having no power to infringe them : besides that , most part of the said provinces have alwayes received and admitted their princes and lords upon certaine conditions , and by sworn contracts ; the which if the prince shall violate , hee is by right fallen from the rule and superiority of the countrey . so it is , that the king of spaine ( after the decease of the emperour charles the fifth , his father of famous memory , from whom all these countries were transported unto him ) forgetting the services , which as well his father as himselfe had received of these countries , and the inhabitants thereof , by the which especially the king of spain had obtained such glorious and memorable victories against his enemies , as his name and power was renowned and feared throughout all the world ; forgetting also the admonitions which his said imperiall majesty had heretofore given him : and contrariwise , hath given eare , beliefe , and credit unto them of the councell of spain which were about him ; the said councell having conceived a secret hatrrd against these countries and their liberties ( for that it was not lawfull for them to command there , and to govern them , or to merit among them the chiefe places and offices , as they doe in the realm of naples , sicilie , millaine , at the indies , and in other countries which are subject to the kings command , being also moved thereunto by the riches of the said countries , well knowne to the most of them : ) the said councell , or some of the chiefe of them , have oftentimes given the king to understand , that for his maiesties reputation and greater authority , it were better to conquer the netherlands anew , and then to command absolutely at his pleasure , than to govern them under such conditions , which he at his reception to the seigni●ry of the said countries had sworn to observe . the king of spain following this counsell , hath sought all meanes to reduce these countries ( spoiling them of their ancient liberties ) into servitude , under the government of spaniards : having under pretext of religion sought first to thrust in new bishops into the chiefe and greatest townes , indowing them with the richest abbeyes , adding to every bishop nine chanons to serve him as councellors , wherof three should have a special charge of the inquisition . by which incorporation of the said bishops , being his creatures , and at his devotion ( the which should happily have been chosen as well of strangers , as of them which were born in the country ) they should have the first place and the first voyce in the assemblies of the estates of the country . and by the adiunction of the said chanons , had brought in the inquisition of spain , the which had also bin so abhorred , and so odious in these countries , even as slavery it selfe , as all the world doth well know : so as his imperiall maiesty having once propounded it unto these countries , upon due information given unto his maiesty , ceased from any more speech thereof , shewing therein the great affection which he bare unto his subiects . yet notwithstanding divers declarations which were made unto the king of spain , as well by the provinces and townes in particular , as by some other of the chiefe noblemen of the country , namely , by the baron of montigny , and afterwards by the earle of egmont , who by the consent of the dutchesse of parma ( then regent of the said countries ) by the advice of the councell of estate , and of the generalty , had to that end been successively sent into spain : and notwithstanding that the king had by his own mouth given them hope , that ( according to their petitions ) hee would provide for the contentment of the country ; yet that he had since by his letters done the contrary , commanding expresly , and upon pain of his indignation , to receive the new bishops presently , and to put them in possession of their new bishopricks and incorporated abbeyes , to effect the inquisition , where they had begun to practise it , and to observe the decrees and canons of the councell of trent , the which in divers points doe contradict the priviledges of the countrey . the which being come to the knowledge of the commons , hath given just occasion of so great an alteration among them , and greatly diminished the love and affection , the which ( as good subjects ) they had alwayes borne unto the king , and to his predecessours . for they called chiefly into consideration , that the king not onely pretended to tyrannize over their persons and goods , but also upon their consciences , whereon they held themselves not to be answerable , not bound to give account to any one but to god only . for this cause and for the pitty they had of the poor people , the chiefe of the nobility did in the yeare . exhibit certain admonitions by way of a petition , beseeching him , that for the pacifying of the commons , and to avoid all tumults and seditions , it would please his majesty , ( shewing the love and affection , which as a mild and mercifull prince he bare unto his subjects ) to moderate the said points , and especially those which concerned the rigorous inquisition , and punishment for matters of religion . and to informe the king more particularly thereof , and with more authority , and to let him understand , how necessary it was for the good and prosperity of the countrey , and for the maintenance of peace and tranquility , to abolish and disannull those innovations , and to moderate the rigour of publike edicts , for matter of religion ; the said marquesse of berges and baron of montigny , at the request of the said lady regent , the councell of estate , and the generall estates of all the countries , went into spain as embassadors : whereas the king , instead of giving them audience , and to prevent the inconveniences delivered by them , ( the which , for that they were not redressed in time , as urgent necessity required , began in effect to discover themselves throughout the whole countrey ) by the perswasion and advice of the councell of spain , hee hath caused all them to be proclaimed rebels , and guilty of high treason , and to have forfeited body and goods , that presented the said petition . and moreover ( thinking himselfe to be fully assured of the countrey , by the forces of the duke of alva , and to have reduced them under his full power and subiection ) he had afterwards , against the lawes of nations , ( the which have been in all ages inviolably observed , yea among the most barbarous and cruell nations , and most tyrannous princes ) imprisoned , and caused the said noblemen embassadors to be put to death , confiscating all their goods ▪ and although that all this alteration ( which had hapned in the yeare . upon the foresaid occasion ) was in a manner pacified by the regent and her councell , and that the greatest part of them which had presented themselves unto her for the liberty of the countrey , were retired , or chased away , and the rest brought under obedience : yet not to lose the opportunity which the councell of spain had long expected ( as it appeared plainly the same yeere . by letters intercepted , which were written by the embassador alana to the duchesse of parma ) to have meanes under some pretext to overthrow all the priviledges of the country , and to govern them tyrannously by the spaniards ( as they did the indies and other countries which had been newly conquered by them ) he by the advice and councell of the said spaniards ( shewing therein the small affection which he bare unto his subiects of these countries , contrary unto that whereunto he was bound , as their prince , protector and good shepheard ) sent into these countries the duke of alva , very famous for his rigour and cruelty , and one of the chiefe enemies of these countries , with a councell of the same humour and disposition . and although that the said duke of alva entred with his army into this countrey , without any let or opposition , and was received of the poore inhabitants with all reverence and honour , expecting all mildnesse and clemencie , according unto that which the king had so often promised by his letters fainedly written ; yea , that he was resolved to come himselfe in person into the countrey , and to order all things to every mans content ; the said king having besides all this ( at the very instant of the duke of alva his departure ) caused a fleet of ships to be armed in spaine , to bring him hither , and another in zeeland to goe and meet him ( as the bruite was ) to the great charge of the countrey , the better to abuse his poore subjects , and to draw them more easily into his snares : notwithstanding , the said duke of alva presently after his arrivall ( although he were a stranger , and not any way of the blood royall ) gave it out , that hee had a commission from the king , of governour generall of the countrey , the which was quite contrary to the priviledges and antient customes thereof : and discovering his designes plainly , he suddenly put garrisons into the chiefe townes and forts of the countrey , and then he built citadels in the richest and strongest townes , to keep them in subjection . and by commandement from the king ( as they said ) he friendly called unto him , as well by letters , or otherwise , the chiefe noblemen of the countrey , pretending , that he had need of their councell and assistance , for the service of the king , and the good of the countrey : who ( having given credit to his letters ) were come unto him , whom , contrary to the priviledges , hee caused to bee carried prisoners out of brabant , where they had been apprehended , causing their processe to bee informed before him and his councell ( although they were no competent iudges ; ) and before any due proofes were made , and the noblemen that were accused , fully heard in their defences , they were condemned to have committed rebellion , causing them to be publikely and ignomiously put to death . others , who for that they were better acquainted with the spaniards dissembling , were retired and kept out of the countrey , were declared rebels , and guilty of high treason , and to have forfeited bodies and goods : all which was done , to the end the poor inhabitants should not aide themselves in the just defence of their liberty , against the oppression of the spaniards and their forces , by the help and assistance of these noblemen , & princes . besides , an infinite number of gentlemen & rich bourgers , whereof some he hath put to death , others he hath chased away & forfeited their goods , oppressing the rest of the good inhabitants , as well by the insolence of the souldiers , as by other outrages in their wives , children , and goods ; as also by divers exactions and taxes , forcing them to contribute for the building of new citadels and fortifications of towns , which he made to oppresse them , & also to pay the hundreth and the twintieth peny , for the payment of souldiers , wherof some were brought by him , and others newly levied , to employ them against their countreymen , and themselves , who with the hazard of their lives sought to defend the liberties of their countrey : to the end that the subjects being thus impoverished , there should be no meanes to frustrate his designes , for the better effecting of the instructions which had been given him in spain : which was , to use the countrey as newly conquered . to which end , in some places and chiefe townes , he changed their forme of government , and of justice , and erected new consuls after the spanish manner , directly contrary to the priviledges of the countrey . and in the end ( thinking himselfe free from all feare ) he sought to bring in by force a certaine imposition of the tenth peny , upon all marchandise and handi-works , to the absolute ruine of the commons , whose good and prosperity consists chiefly in traffique and handi-works ; notwithstanding many admonitions and perswasions made to the contrary , as well by every one of the provinces in particular , as by all in generall . the which he had effected by force , if it had not beene that soon after by the means of the prince of orange , ( and a good number of gentlemen , and others borne in these countries ) banished by the duke of alva , following the party of the said prince , and being for the most part in his service , and other inhabitants affected to the libertie of their countrey , the provinces of holland and zeeland had not revolted , and put themselves under the princes protection . against which two provinces the duke hath since during his government , and after him the great commander of castile ( sent in his place by the king , not to moderate any thing of his predecessors tyrannie , but to pursue it more covertly and cunningly than he had done ) forced those said provinces , who by their garrisons and citadels , were made subject to the spanish yoke , to imploy their persons and meanes to helpe to subdue them : yet no wayes easing the said provinces , but intreating them like enemies , suffering the spanyards under the colour of a mutinie , in view of the said commander , to enter by force into the town of antuerpe , and there to continue six weeks , living at discretion at the poore bourgers charge ; forcing them moreover ( to be freed from their insolencies ) to furnish foure hundred thousand florins , to pay the said spanyards : which done , the said souldiers ( growing more bold through the sufferance of their commanders ) presumed to take armes against the countrey , seeking first to surprize brussels , and in the place of the ancient and ordinary seate of princes , to make it a nest and den of theeves . the which not succeeding according to their designe , they tooke alost by force , and soone after forced the towne of maestricht . and since being violently entred into antuerpe , they spoyled it , sacked it , and wasted it with fire and fword , in such sort , as the most barbarous and cruell enemies could not have done more , to the unspeakable losse , not onely of the poore inhabitants , but in a manner of all the nations of the world , who had their merchandise , debts , and money there . and although the said spanyards by a decree of the councell of estate ( to whom the king by the death of the great commander , had conferred the generall government of the countrey ) were in the presence of ieronimo de rhoda , proclaimed enemies to the countrey : yet the said rhoda of his owne private authority ( or as it is to bee presumed , by vertue of some secret instruction which he had from spaine ) took upon him to be the head of the said spanyards , and their adherents , so as without respect of the councell of estate , he usurped the kings name and authority , counterfeited his seale , and carried himself as a governour , and the kings lieutenant in these countries . the which moved the estates at the same instant to agree with the prince of orange , and the estates of holland and zeeland : which accord was allowed by the councell of state ( as lawfull governours ) that they might joyntly with their common forces , make warre against the spanyards : omitting not as good subjects , by divers humble petitions , to beseech the king to have regard unto the troubles , oppressions and insolencies which had hapned , and were like to follow : and that hee would bee pleased with all convenient speed possible , to command the spanyards to depart out of the countrey , and especially those which had been the cause of the sack and ruine of the chiefe towns of his countrey , and other innumerable insolences and violences which his poore subjects had endured , to the comfort and ease of them which had endured them , and to the example of all others : yet notwithstanding ; the king ( although that he made shew by words , that what had hapned , displeased him , and was against his will , and that he had an intent to punish the heads and authors , and to provide for the quiet of the countrey with all clemency , as it behoved a mercifull prince ) hath not onely neglected to punish the said heads and authors : but contrariwise , ( as it appeareth ) all was with his consent and former resolution of the councell of spain , as certain letters of his , intercepted soon after , do plainly shew : by the which it was written unto rhoda , and to the other captains , authors of all the mischiefe , that the king did not blame that action , but did allow thereof , and commend it , promising to recompence them , especially the said rhoda , as having done him a singular service : the which , at his return into spaine , and to all other ministers of the oppressions that were used in these countries , he did shew by effect . at the same time , the king thinking the better to blinde the eyes of his subjects , sent into these countries for governour generall , don iohn of austria , his base brother , as being of his blood : who ( making shew unto the estates , that he did allow of the pacification of gant , promised to send away the spanyards , to punish the authors of all insolencies and disorders which had hapned in the countrey , and to take an order for the generall peace , and the restoring of their ancient liberties ) sought to divide the estates , and to subdue one countrey after another . by the permission and providence of god , who is an enemy to all oppression , he was discovered by the intercepting of certain letters , where he was commanded by the king to govern himself in these countries , according to the instructions that should be given him by rhoda : and to cover this practice , the king had forbidden don iohn to speake with him , commanding him to carry himselfe unto the chiefe noblemen with all mildenesse and courtesie , to winne their loves , untill that by their assistance and meanes , he might reduce holland and zeeland , and afterwards work his will of the other provinces . whereupon don iohn , notwithstanding that he had solmnly sworn in the presence of all the estates of the countrey , to observe the said pacification of gant , yet contrary thereunto he sought by meanes of their colonels ( whom he had already at his devotion ) and great promises , to winne the germane souldiers who were then in garrison , and had the guard of the chiefe townes and forts of the countrey , whereof by that meanes he made himselfe master , holding himselfe assured of those places they held , and so by that meanes to force them that would not joyne with him , to make warre against the prince of orange , and them of holland and zeeland , and so to raise a more boody and intestine warre , then had been before . but as all things that are treated cunningly and with dissimulation , cannot be long kept secret , don iohns practises being discovered , before hee could effect what he had designed , hee could not bring his conceptions and enterprises to the end that he pretended : yet he revived a new warre , the which continues unto this day , in stead of rest and an assured peace , whereof hee did so much vaunt at his coming . which reasons have given us great occasion to forsake the king of spain , and to seeke some other mighty and mercifull prince , to helpe to defend these countries , and to take them into his protection : and the rather for that these countries have endured such oppressions , received such wrongs , and have been forsaken and abandoned by their prince for the space of twenty years and more ; duduring the which the inhabitants have beene intreated not as subjects , but as enemies , their naturall prince and lord seeking to ruine them by armes , moreover , after the death of don iohn , having sent the baron of selles , who ( und●r colour propounding some meanes of an accord ) declared sufficiently , that the king would not avow the pacification made a gant ( which don iohn notwithstanding had sworne to maintaine ) setting downe more hard conditions . yet for that we would discharge our selves of our duties , wee have not omitted to make humble suite by writing , imploying moreover the favour of the greatest princes of christendome , seeking by all meanes without intermission , to reconcile our selves unto the king ; having also of late kept our deputies long at cologne , hoping there ( by the intercession of his imperiall majestie , and some princes electors ) to have obtained an assured peace , with some moderate tolleration of religion ( the which doth chiefly concerne god and mens consciences ) as the estate of the affairs of the countrey did then require : but in the end we found it by experience , that nothing was to be obtained from the king , by the conference at cologne : and that it was practised and did onely serve to disunite and divide the provinces , that they might with the more facility vanquish and subdue first one , and then another , and execute upon them their first designes . the which hath since plainly appeared , by a certain proscription , which the king hath caused to be published , whereby we and all the inhabitants of the united provinces , and officers that hold their partie , are proclaimed rebels , and to have forfeited lives and goods : promising moreover , a great summe of money to him that should murther the said prince , and all to make the poore inhabitants odious , to hinder their navigation and traffique , and to bring them into extreme despaire . so as despairing of all meanes of reconciliation , and destitute of all other succours and ayde we have according to the law of nature ( for the defence of us and other inhabitants , the rights , priviledges , ancient customes , and libertie of the countrey , and the lives and honours of us , our wives , children , and posterity , to the end they fall not into the slavery of the spanyards , leaving upon just cause the king of spaine ) beene forced to seeke out some other meanes , such as for the greater safety and preservation of our rights , priviledges , and liberties , we have thought most fit and convenient . we therefore give all men to understand , that having duely considered all these things , and being prest by extreme necessitie , we have by a generall resolution and consent , declared , and doe declare by these presents , the king of spaine , ipso jure , to be fallen from the seigniory , principalitie , jurisdiction , and inheritance of these countries : and that we are resolved , never to acknowledge him any more , in any matter concerning the prince , jurisdictions or demeanes of these netherlands , nor to use hereafter , neither yet to suffer any other to use his name as soveraigne lord thereof . according to the which we declare all officers , private noblemen , vassels , and other inhabitants of these countries , of what condition or qualitie soever , to be from henceforth discharged of the oath which they have made in any manner whatsoever , unto the king of spaine , as lord of these countries , or of that wherby they may be bound unto him . and for the above named reasons , the most part of the said united provinces , by a common accord and consent of their members , have submitted themselves under the command & government of the high and mighty prince , the duke of aniou and alanson , &c. upon certain conditions contracted and accorded with his highnesse : and that the archduke of austria , mathias , hath resigned into our hands the goverment generall of these countries , the which hath been accepted by us . we enjoyn and command ali iudges , officers , and all others , to whom it shall appertain , that hereafter they forbeare to use any more , the name , titles , great seal , or signet of the k. of spain : and instead therof , whilst that the duke of anjou , for his urgent affaires , concerning the good and welfare of the country , shall be yet absent , for as much as shall concern the provinces which have contracted with his highnesse , and touching the rest by way of provision , they shall use the title and name of the chiefe and counsell of the country . and untill that the said heads and counsellors , shall be named , called , and really established in the exercise of their charges , and offices , they shall use our name , except holland and zeeland , where they shall use as they have formerly done , the name of the prince of orange , and of the estates of the said provinces , untill that the said councell shall be in force , and then they shall govern themselves as it is agreed , touching the instructions given for the said counsell , and the accords made with his highnesse . and instead of the kings seales , they shall hereafter use our great seale , counter seale , and signet , in matters concerning the government generall , for the which the councell of the country , according to their instructions shall have authority . and in matters concerning the policie , administration of iustice , and other private acts of every province , the provinciall concels and others , shall respectively use the name and seale of the said province , where the matter shall be in question , and no other , upon pain of nullity of the said letters , or dispatches which shall be other wise made or sealed . and to the end these things may bee the better observed and effected , we have enjoyned and commanded , and do enjoyn and command by these presents , that all the king of spaines seales , which are at this present within these united provinces , shall be dilivered into the states hands , or to him that shall have commission and authority from them , upon pain of arbitrary punishment . moreover , we ordain and command , that from henceforth the name and armes of the king of spain , shall not be put not stampt in any coynes of these united provinces : but there shall be such a figure set upon them , as shall be appointed for the coyning of new peeces of gold and silver . in the like sort we enjoyn and command the president and lords of the privie councel , and all other chancellors , presidents , provinciall counsuls , and all presidents and chiefe masters of accounts , and others of all chambers of accounts , being respectively in these countries , and also all other iudges , and officers ( as holding them discharged of the oath which they have made unto the king of spain , according to the tenor of their commissions ) that they shall take a new oath in the hands of the estates of the province where they are , or to their deputies , by the which they shall swear to be faithfull to us against the king of spain , and his adherents , according to the form set down by us : and there shall be given to the said councellors , masters of accounts , iudges and officers , remaining in the provinces which have contracted with the duke of anjou , in our name , an act of continuance in their offices , containing in stead of a new commissions , a cessation or disannulling of their former , and that by way of provision , untill his comming . and to councellors , masters of accounts , iudges , and officers , being resident in provinces , which have not contracted , with his highnesse , a new commission shall be given under our name and seale , if the petitioners were not found faulty , to be of bad behaviour , to have done against the priviledges of the countrey , or to have committed some other disorder . we also command the president and them of the privie councell , the chancellour and councell of brabant , the governour , chancellour , and councell of gueldres , and the countie of zutphen , the president and councell in flanders , the president and councell in holland , the governour , president and councell in friseland , the president and councell at vtricht , the bayliff at tournay and tournesis , the receivors or chiefe officer of beoostercheldt and bewesterscheldt zeeland , the scout of macklyn , and all other iudges and officers whom it shall concerne , their lieutenants , and every of them , presently without any delay , to publish this our decree in all places of their jurisdictions , and wheresoever they are accustomed to make proclamations , to the end that no man may pretend any cause of ignorance : and that they may keep and observe , and cause to be kept and observed inviolably this our decree , without any favour , support , or dissimulation ; for wee have so thought it fit and convenient for the good of the countrey . for the effecting whereof , we give to every one whom it shall concerne , full power and authority , and speciall commission . in witnesse whereof , we have caused our seale to be hereunto annexed . given at the hage in out assembly the of ●uly . vnderneath was written , by the ordinance and decree of the said estates , and signed ● . tan asseliers . according unto this declaration of the estates , there was a new forme of an oath drawn , in manner of an abjuration of the king of spaine , and promise of duty and obedience which every one should owe unto the said estates , by the publike officers , and magistrates of every town and province , as followeth . i sweare , that hereafter i shall not serve nor yeeld obedience to philip king of spaine , nor acknowledge him for my prince and lord , whom i doe renownce by these presents , and doe hold my selfe freed from all oaths , and bonds , by the which i might bee formerly tyed unto him : whereof finding my selfe presently delivered i sweare a new and binde my selfe to the united provinces , and namely , to them of brabant , gueldre , holland , zeeland , and their allies , and to the soveraign magistrates that are appointed , to bee faithfull and loyall unto them , to yeeld them all obedience , aide , and comfort , with all my power and meanes , against the king of spaine and his adherents , and against all the enemies of the countrey . promising as a good vassall of the countrey , to carry my self faithfully and loyally , with shew of all obedience to my superiors ; so help me the almighty god. this decree being thus proclaimed , all the seales , counter-seals , and secret signets of the king of spaine , were broken and cancelled with solemnity , by all the consuls of the said provinces , and others new made , by order of the generall estates , for that which concerned the government , and the affairs of the generality . and as for matters of justice and policie , they used the seales , names , and titles of private governours , and provinciall consuls . from that time there was no coynes of gold , silver , or copper made with the name or titles of the king of spaine , but upon stamps which the estates had caused to be made in every povince . all governours , superintendents , presidents ▪ chancellours , councellours , and others officers , were discharged and absolved from their precedent oathes , and did sweare fidelity to the generall estates , against the king of spaine and his adherents , according to the forme above mentioned , to whom an act was sent for the continuation of the commissions . ninthly , it is evident from the premises ; that is emperours and kings shall degenerate into tyrants , violate their oathes and covenants made unto the people , invade their lawes , liberties , persons with armed violence , and instead of protecting , make warre upon them ; that the nobles , magistrates , estates , parliaments and people in such cases , may without any guilt of treason , rebellion , sedition , not only disobey , but lawfully resist them with force of armes , both in point of lawe & conscience , & are obliged under pai●e of treachery and perfidiousnesse to their countrey , thus to resist ; and in cases of incorrigibility for the publike weale , and preservation , may justly if they see it necessary , depose them from their royall dignities as enemies , or traytors to their kingdoms and people . the reason is , because no kingdome or nation under heaven , ever elected or voluntarily submitted themselves unto any emperour or king whatsoever ( for ought can be proved or imagined ) but upon this tacit condition ; that they should justly governe , defend and protect them for their good , not tyrranize over , pillage , murther , oppresse , or make warre upon them at their pleasures , contrary to the lawes of god , nature , nations ; nor yet actually obliged themselves under paine of treason , rebellion , death , or damnation , not forcilly to reobsist or deprive their princes in any wise , though they with open violence should set themselves to subvert their religion , lawes , liberties , and republike ; to which unreasonable condition , no natian certainty would have consented , had it been propounded to them by their kings at first , as grotius well observes . this point of greatest difficulty and concerment , i have largely debated and confirmed already , in the third part of this discourse , where all contrary objections against it , are refuted ; yet because it still seemes a feditious unchristian paradox to many malignants and royallists , i shall satifie it with such new authorities , of all sorts , which may happily convince , if not convert them from their inveterate wilfull error . my first authority of this kinde , is that passage of sozomon ( an ancient ecclesiasticall historian ) eccles. hist. l ▪ . ch . . recited and approved by nicephorus callistus eccles hist. l. . ch . . where he thus writes of the death of iulian the emperor ( who turned both a tyrant , apostate , and persecutor of the christians ) reputed to be staine by a christian souldier of his own army , for his tyranny and impiety . whereas libanius writes in this manner ; hee seemes to say , that the st●ayer of iulian the transgressor was a christian , which peradventure was true ; neither is it incredible , that some one of the souldiers who marched under his colours , had considered these things thus in his minde : that not only the heathens , but likewise all others are wont to applaud those even unto our age , who slew tyrants heretofore , as those who for the liberty of all , feared not to undergoe the danger of death , and likewise for the safety of their citizens , kindred and friends , with willing minds . and verily hee cannot well be reprehended by any man , especially since hee should shew himselfe so valiane and stenuous for god and that religion which hee did approve , &c. however it is certaine that he was taken away by gods divine judgement . nicepherus addes , that his death was predicted by the christians , and that his death was acceptable and plesant to all christians , especially to those of antioch , who for this his mvrther , instvted a pvblike trivmph , wherein they also reproached maximus the philosopher , singing thus , where are thy divinations o foolish maximus ? a pregnant evidence , that even the primitive christians ( on whose examples and practice our antagonists so much depend , though to no purpose , as i have * elswhere manifested ) held it not only lawfull for them to resist , but even in some cases to slay a persecuting apostatized tyrant , bent so subvert religion , lawes , liberties ; as may be further evidenced by constantine the great his ayding the oppressed christians , and romans against the tyranny and persecution of the emperors maxentius , maximinus and licinius , even with force of armes , with which he conquered these persecutors in sundry open battels fought against them , at the christians earnest importunity . to descend to later authoritities , it is the received doctrine of all popish schoolmen , doctors , lawyers , that tyrannicall princes who oppresse and invade their subjects persons , liberties , estates , or religion , may both lawfully with good conscience bee forcibly resisted by their subjects , and likewise by the major part of their people , nobles , parliament , for preservation of the republike and religion , bee justly deposed , and put to death ; yea , as some of them adde , even murthered by private men , though the generality of their writers justly deny it . their st. thomas of aquin , in his book , de regimine pricipum ( dedicated to the king of cyprus ) cha . determines thus , if it belong to the multitude to provide themselves of a king ; the king made by them , may not unjustly be removed , destroyed , or his power restrained , if he abuse the power of the realme tyrannically ; neither is such a multitude to bee esteemed , to deale disloyally in deposing a tyrant althovgh they had perpetually sub●ected themselvs to him before , because himselfe hath deserved it , in not carrying himselfe faithfully in the government of the people , as the office of a king required , because herein he kept not his oath and covenant with his subjects . and he further affirmes , distinct. art. . qu. . . m. . ae . dist. . qu. . . m. . ae . qu. . . m. ae . qu. . art . . & qu. . . m. opusc. . l. . co. . that in every countrey , cities are governed politikely ; the power of kings and emperours being circumscribed by the lawes and people , that a tyrannicall prince , if hee invade his subjects , may lawfully beresisted and laine even of private persons in their own necessary defence , and in reference to the publike safety ; but much more by the nobles and peoples generall consent : and that the deposition or perturbation of the regiment of a tyrant , hath not the reason ( or nature ) of sedition , unle●se it be done by private persons , or so disorderly , that a greater detriment should ensue , bvt it is the tyrant rather who is seditiovs . the same doctrine is taught by dominicus seto , de iustitia . l. . quaest . . art . . ludovicus molina . tom. . de iustitia & inre tract . . disp . . to . dominicus bannes , . ae ▪ quaest . . art. . dub. . petrus de aragon . . ae . qu. . a●t . explicatio , art . p. . michael bartholomaeus salon , de iustitia & iure in . ae tom. . qu. . art . . cont . . pag. . petrus de lorca in . ae . d. thomae quaest . . art . . sect . . throughout , specially disput. . n. . & disp. . . azorius , tom. . l. . disp . . qu. . & . . franciscus victoria . relectio de iure bell● . n. . . alphonsus salmeron in cap. . epist. ad romanos . disp. . fran. suarez . in defensione fidei l. . cha . . & l. . chap. . throughout , specially , num ▪ . . . . . . ioan gerson de anferibilitate papae ; where also he avers ( consid . . ) that one who is truly pope may lawfully bee bound , imprisoned , and put to death for his offences , ( though the head of the church as papists hold , as well as kings the head of their realmes . ) dionysius cathusianus de regim . polit. artic. . francis●us t●llet , in summa , l. . c. . leonardus lessius de iustit . & iure , c. . dub . . tannerus , tom. . disp . . qu. . dub . . emanuel sa. in aphorism . verb. tyrannus , n. . iohannis mariana : de rege & regis instit. l. . c. , , , . alvarus pelagius de plan. eccles l. . c. . simancha pacensis , de cathol . instit . tit . . ● . . p. . tit . . n. . p. . gregorie de valencia , tom ● p. . cardinall bellarmine , de pontif rom. l. . c. . . . & tract de potest . sum. pontif. advers . gul. barel . p. . iac. gretzerus pharetras tortulliana , & vespertilio haeritico●politicus , ludovicus richehom . expostulatio aplogetic● , pro societate iesiis . vincentius filiucius tra. . p. . dis . . prae . dec. n. . mart. becanus anglican● de potestate regis & pontificis , caspar . schoppius . alexi pharmacum regium , & collyrium regium . of valentine jacob. an. ● . and iohn tanquerel anno. . whose opinions are recorded by bochellus decreta . eccles. gal. l. . tit . c. . . the cardinall of como his letter from rome , . january , . to doctor parrey to murder queen elizabeth ; franciscus de verona constant. in apolog. pro io : chastel , p. . bonarscius the iesuite , amphith p. . barclay l. . advers . monarch . c. . l. . c. . & . serarius in c. . iudicum . hieronymus blanca rerum aragonens . commentarius , passim . cajetan : upon aquinas his forecited summes . the doctors of sala●ancha in their determination , anno . recorded by g. blackwell , qu bip. p. . and doctor john white his defence of the way , c. . p. . governado christiano p. . antonius massa tract . contra duell . n. . . baldus . consid. . cavarruvias quaest. illustr . t. . . n. . . n. . vasquius contro . illustr . . n. . . . . n. . . n. . n. . . n. . . . . n. . and elsewhere hemingius arnisaeus de authoritate principum p. . . . . . . . fran. hotomani franco-gallia , c. . . . . . . . &c. to which i might adde our english priests and iesuites , as doctor nicholas saunders , visib . monarch . p. . . doctor allen , parsons , creswell , philopater , rossaeus , doleman , p. . to . sparsim , with sundry others , all professedly a verring aquinas his doctrine , and the premisses , yea , farre exceeding them in sundry particulars ; many or most of them attributing sufficient authority and power to the pope and prelates alone , without the parliament , nobles , peers , or peoples assent , to depose , adjudge haereticall or tyrannicall kings to death , and devote them to assassination , which all protestants unanimously disclaim . but wee need not fish in these unwholesome romish streams of tyber , or make use of these popish champions , whom i have onely named , to stop the mouthes of all papists , priests , iesuites , who now much exclaim against the parliaments present defensive warre , condemning all for rebels and traitors who assist the parliament against their invading trait●rous , rebellious armed forces both in ireland and england , they being in verity such themselves , yea , the originall contrivers , fomenters , the principall abettors of the present bloody , destructive , civill wars in both our realms . and that which most confirms me in this beliefe , is a particular late discovery of the horrid conspiracy of con the popes late nuncio here , and his iesuited popish confederates , to undermine and extirpate the protestant religion , to raise the scottish , and succeeding irish , and english wars , thereby to ingage the king to resort to them for assistance ; & under pretence whereof to rise up in arms , and work him to their own conditions , or else to poyson him with a indian poysoned nut after the example of his father , and then seize upon the prince , and train him up in their antichristian religion , as you may reade at large in romes masterpeece , to which i shall referre you for fuller satisfaction , from one of the chief conspirators own confession . but passing by all these , i shall proceed to authorities of lawyers and divines , professing the protestant religion . georgi●s obrectus , a publike professor of law , and advocate to the city of strasburge in his disputatio juridica , . de principiis belli , layes down these severall positions for law , num. . to . that all the inferiour magistrates in the empire or other kingdoms , collectively considered , are above the emperour and kings themselves ; that if they be unjustly assaulted with unjust violence by any whomsoever , they may by a necessary and just warre , defend both themselves and theirs , and repell and prosecute the unjust assailants . that if the superiour magistrate neglect to do his duty , ( as if the turke should invade any countrey , and the supreme magistrate would not resist him , ) the inferiour magistrate may call the people to arms , raise an army , and exercise all forces policie and devices against the common enemy of christians : or if the supreme magistrate should exercise manifest tyrannie , it is verily lawfull to the inferiour to undertake the care of the republike , which he endeavours to oppresse with all his power : that those who represent all the people , as the electors , palatines , nobles , parliament , may admonish the prince of his duty , and ought to seek by all means to divert him from his tyrannicall and impious purpose ; but if he proceeds , and repenteth not , being frequently admonished , but wilfully subverts the common-wealth , obstinately perverts laws ; hath no care of faith , co●venants , justice , piety ; and tends onely to this , that he may perpetrate any thing with impunity , and impiously reign over mens consciences , then verily he is accounted a tyrant , that is , an enemy of god and man ; whence , if he hath proceeded to that hight of malice , that hee cannot bee expelled but by armed force , it is lawfull for the electors , palatines and others , to call the people to arms , and not onely to defend themselves and others against such a one , but plainly to deject him from his throne : for the intire government of the realm is not committed by the people to the prince alone , as neither the bishopprick of the whole church to the pope , but to every one of the nobles or magistrates according to his power : for the nobles , as they are called into part of the honour , so of the burthen of the commonwealth ; which is committed to the prince , as to the supreme tutor , but to them as fellow-tutors , he having the first , they the second place in governing the republike . the prince swears that he will seek the good of the realm , and all the nobles promise the same : therefore if he doth ill , they ought not to do so likewise ; if the republike go to ruine , they shall not continue : for the common-wealth is no lesse committed to them , than to the king , so as they ought not onely to do their duty , but also to contain the prince within the limits of his duty : for if the prince doth ought against his oath , they are not absolved from their oaths , but rather then especially ought to manifest their fidelity , when the republike requires it , because they were specially instituted for that end , as the ephori , and everything ought to be reputed just , when it attains its end . hence b●utus the tribune , and lucretius the governour of the city , called the people to armes against tarquin the proud , and by their authority expelled him the ringdom . so the roman senate judged nero an enemy of the republike , and condemned him to the gallowes ; punished vitellius with death , ignominiously mutilat●ed and dragged thorow the city , and spoyled maximinus of the empire , setting up albinus in his place . thus the french by authority of a publike councell , thorow the care of the officers of the realme deprived childericke the first , sigebert , theodoric , and childericke the third of the government of the realm . neither is it impertinent to pronounce the same sentence of such a one , as was given of manlius capitulinus , thou wast manlius whiles thou diddest cast down the senons headlong ; now because thou art become one of the senons , thou thy selfe art to be precipitated from whence thou diddest cast them down . but if perchance most of the nobles collude and connive , and being unmindfull of their duty , take no care of the people ; let there at least be one who may admonish and detest the invading tyrant , and take care that the republike sustain no detrimen● ; for the care of the republike is no lesse committed to him , than to the prince and his collegues , and he hath plighted his faith to the republike no lesse than they . if many have promised the same thing , the obligation of the one is not taken away by the negligence or periury of the other . if there be many trustees , executors , or guardians , the negligence default or fraud of some of them , doth not discharge or disingage the rest ; yea , unlesse they to their power discharge their trust and oath , they become perfidious , yea guilty of the same crime , and are subiect unto actions for their neglect as well as the others : therfore those who are bound to the whole kingdom and empire , as the peers of france , the electors , or to some certain countey or city which makes a part of the realme , as dukes , marquesses , earles , constables , admirals , and the like , are obliged to ayde the whole common-wealth , or that part committed to them , against the tyranny of the prince , if they be able , &c. thus and much more this lawyer , almost verbatim out of iunius brutus . i might add to him the like determinations of henricus bocerus , de jure pugnae , hoc est , belli & duelli , tractatus methodicus , tubingae , . lib. . cap. . c . p. justus eccardus , de lege regia , the last edition . alhuseius polit. c. . p. . to . haenon , disputat . polit . the treatise de iure magistratus in subditos ; ( where this position is largely and learnedly debated , confirmed , both from law , history , theology , reason ) hugo grotius de iure belli & pacis , lib. . c. . sect . . to the end , p. . &c. albericus gentilis de iure belli , l. . c. . p. . c. . p. . l. . c. . . p. . . with others . but since iunius brutus compriseth the quintessence of all the rest , i shall trouble you onely with his discourse . vindiciae contr. tyrannos , quaest. . p. . to . to passe by his discourse concerning the resisting of tyrants , who usurp a dominion without any title , whom every man may justly resist and suppresse , and are bound in duty so to doe , as he there proves at large ; i shall only transcribe what concernes them who have a lawfull title . first ( saith he ) we ought to consider , that all princes are born men . we cannot therefore expect to have only perfect princes , but rather we ought to thinke it well with us , if we have gained but indifferent ones . therefore the prince shall not presently be a tyrant , if he keep not measure in some things , if now and then he obey not reason ; if hee more slowly seek the publike good ; if he be lesse diligent in administring iustice , or lesse fierce in propulsing warre . for seeing a man is not set over men , as if he were some god , as he is over beasts ; but as he is a man , born in the same condition with them ; as that prince shall be proud , who will abuse men like beasts , so that people shall be unjust , who shall seek a god in a prince , and a divinity in this frail nature . but truly if he shall willingly subvert the republike ; if he shall wilfully perve●t the lawes , if he shall have no care of his faith , none of his promises , none of iustice , none of piety ; if himselfe become an enemy of his people , or shall use all or the chiefest notes we have mentioned , then verily he may be iudged a tyrant , that is , an enemy of god and men . therefore we treat not of a prince , lesse good ; but of the worst ; not of one lesse prudent , but of a malicious and subtile one ; not of one unskilfull in law , but of a contemner of law ; not of an unwarlike one , but of an enemy of the people and waster of the realme . a senate may assist him with prudence , a iudge with the knowledge of the law , a captain in the skilfulnesse of warre ; but this man wisheth the nobles , senators , captains of warre one neck , that he might cut them off at one stroake , neither hates he any more then them . the first verily , though he may lawfully be removed , yet however he may be tolerated ; the latter contrarily , by how much the longer he is tollerated , the more intollerable he becomes . moreover , as euery thing is not lawfull to a prince ; so often times , that which is lawfull to the people , is not expedient . for frequently it may fall out , that the remedy which is used , may be worse than the disease . therefore it becomes a wise man to try all things , before he use the hot iron ; and use all remedies , before he take up arme● . if therefore those who represent the people perceive any thing to be done against the republike by force or fraud , let them first admonish the prince ; neither may they expect , till the mischiefe grow heavie , and acquire forces . tyranny is like an heptick feaver , which at first is easie to be cured , difficult to be discerned ; afterward it becomes easie to be known , but very difficult to be cured . therfore they shall withstand the beginnings , neither should they pretermit any thing , though the smallest . but if he shall proceed , and not repent though frequently admonished , but tend onely to this , that he may commit any thing without punishment ; then verily he is really guilty of tyranny , and they may act against him , whatsoever they may use against a tyrant , either by law or just force . tyranny is not onely a crime , but the head , and as it were , the heap of all crimes . a tyrant subverts the republike , makes a prey of all , lyeth in wait for the life of all , violates faith to all , contemnes all the religion of a sacred oath . therefore is he so much more wicked then any theefe , murtherer , sacrilegious person , by how much it is the more grievous , to offend many and all , then particular persons . now if all these be reputed enemies , if they be capitally punished , if they suffer paines of death , can any one invent a punishment worthy so horrid a crime ? moreover , wee have proved , that all kings receive their royall dignity from the people ; that all the people are better and higher then the king , that the king is onely the superiour minister and ruler of the kingdome , the emperour of the empire , but the people are the true head . therfore it follows , that a tyrant who commits felony against the people as the lord of the fee , hurts the sacred majesty of the realm and empire , becoms a rebel , and therfore falls into the danger of the same lawes , and demerits more grievous punishments . therfore , saith bartolus , he may be deposed by a superiour ; or be most justly punished by the julian law , for publike violence . now all the people , or those who represent them , as electors , palatines , nobles the assembly of the estates , &c. are his superiour . but and if he shall proceed so farre , that he cannot be expelled but by armed violence , then verily it shall be lawfull for them , to call the people to armes , to raise an army , and to practise force , policy , stratagems , as against an adjudged enemy of his country and of the common-weale . neither shall the officers of the realm in this case fall into the crime of sedition ; for in a sedition there must needs be two points , which when for the most part they contend about contradictories , it followes , that the cause of one is just , the other unjust ; that cause must verily be just which defends the law● , which protects the common good , which shall preserve the realme , especially by this meanes ; contrarily , that cause is uniust , which violates the laws , defends the breakers of the lawes , protects the subverters of the countrey . that is iust which will destroy tyrannicall government , that uniust which would abolish iust government . that lawfull which tends to the publike good , that unlawfull which tends to the private . therefore , saith thomas , because a tyrannicall kingdome which is not ordained to the common good , but principally for the benefit of the governour , is most uniust ; therefore the disturbance of this kingdome hath not the reason of sedidition , nor doe they fall into the crime of treason . this crime is committed against a lawfull prince ; now a lawfull prince is nothing but a living law : therefore he who kils the law as much as in him lyeth , cannot be called by that name ; therefore those who take up arms against him shall not be guilty of that crime . it is likewise committed against the common-wealth , but because the repub. is there only where the authority of the law prevailes , not where the private ●ust of a tyrant swalloweth the republike , a tyrant shall be guilty of that crime which offends the publike maiesty , & those be vindicators of the republike , who shall oppugne a tyrant ex officio , supported with their own authority . neither in this case , i say , doth every one , but all the subiects , but the lords seem to require an account of the government from their agent : no more shall they be accounted perfidious for doing it ; there is every where between the prince & people a mutuall & reciprocal obligation ; he promiseth , that he will be a iust prince : they , that they will obey him , if he shall be such a one . therefore the people are obliged to the prince under a condition : the prince , purely to the people : therefore if the condition be not fulfilled , the people are unbound , the contract void , the obligation null in law it selfe : therefore , the king is perfidious if he reign uniustly ; the people perfidious , if they obey not him who reignes iustly : but the people are free from all crime of perfidiousnesse , if they publikely renounce him who reignes uniustly ; or if they endeavour to evict him with armes who desires to retein the kingdome unlawfully . therefore it is lawfull for all or many of the officers of the realme to remove a tyrant . neither is it onely lawfull ; but it ly●th so upon them of duty , that unlesse they doe it , they can no way be excused . neither may electors , palatines , senators , and other nobles think , that they were created and instituted onely for that end , that they should shew themselves once peradventure in the kings inauguration , attired after the ancient manner , that they might act a certain palliated fable , or put on the person of rowland , oliver , ronald , and other nobles on that day , as if in a scene , they should in some shew represent the round table of arthur , as they call it ; so as after that the multitude is dismissed , and calliopus hath said , farewell , they should think they had excellently played their parts . these things are not spoken in jest , these things are not perfunctorily done ; these things are not the pastimes of children , who as it is in horace , created a king in a play ; but rather of nobles , & magistrates , who as they are called unto part of that honor , so likewise of the burthen , and shew , that the republike is committed and commended to the king , as to the supreme and chiefest tutor , so also to them as fellow-tutor● ( even honorari ) assigned to him as observers of his actions who hath the chief tutelage , who may daily exact an account of him , and diligently take heed , in what manner he reverseth ; so even these , that they might observe the king ( who , as to his tutelary providence , is onely reputed in the place of a lord ) that he doe nothing to the detriment of the people . therefore as the fact of him who acts the gardian , is imputed to the co-gardians , unlesse where they ought and are able , they suspect and likewise take care to remove him ; to wit , when he communicates not the administration with them , if he doe not faithfully manage the tutelage or care , if he admits fraud , if he doth any thing sordidly or perniciously to the pupill , if he intercept any of the pupils goods , if he become an enemy to the pupill ; finally , if he be over rude , sloathfull , unskilfull , &c. so even the nobles shall be held guilty of the princes deed , unlesse they remove , or prevent his tyranny , or supply his sloathfulnesse , with their vigilance and diligence . finally , as oft as the gardian doth not doe in the name of the pupill , that which any fit master of a family would doe , he may not seeme to be defended ; but that he may be the better defended , his co-gardians are bound to foresee : so much more justly , if the prince doth not act the housholder but the enemy , the nobles may and ought to act against him , since they are bound by his deed , no lesse then by their owne . moreover the nobles may consider , that the king in governing the republike , holds the first part , but they the second , third , and every one in his place . therefore if he doth his part ill , they may not follow him : if he destroy the republike , they may not connive ; for it is committed to them , as well as to him ; and in such sort truly , that not onely they themselves ought rightly to execute their office by themselves , but to containe the prince within the bounds of his office . finally , as the king promiseth , that he will take care of the benefit of the commonweale , so also doe they . therefore if he breakes his oath , they may not thinke , that they are absolved from theirs , no more then bishops , if the pope should defend heresie or destroy the church : yea , they should thinke themselves so much the more obliged to performe their oathes , by how much the more he shall violate his . therefore if they collud● , they are reputed in the number of prevaricators ; if they connive , of desertors ; and traitors , if they vindicate not the republike from the tyranny of tyrants : as finally they become patrons , defenders , little kings , if they by all meanes protect and defend the republike , which they have undertaken to protect . these things , though they are sufficiently firme of themselves , yet they may be demonstrated by examples . the canaanitish kings , who oppressed the people of israel with hard servitude , as well corporall as spirituall , ( interdicting them both commerce and armes ) were true tyrants , i say in practice , yet not without a title ; for eglon and iabin reigned quietly almost twenty years : now god extraordinarily stirred up ehud , who slew eglon craftily ; and debora , who routed the army of iabin ; and by that meanes freed the people from tyranny : this was not verily , because it was lesse lawfull to the ordinary magistrates and princes of the tribes , and the rest to doe it , but debora rather objecteth their sloathfulnesse and carelesnesse to them , and curseth some of them for this cause . but truly god , pittying his people , extraordinarily supplyed the negligence of ordinary officers . rehoboam the sonne of solomon , refuseth to ease the people of unnecessary tributes , being intreated to doe it in a generall assembly of all the people , he groweth insolent , and assisted with the counsell of flatterers , even arrogantly threatens more grievous burdens ; no man doubts , but that according to the covenant first made betweene the king and people , the nobles might have restrained this pride : but the sinne was in this , that they did by secession , which was to be done in the assembly ; and did a just and lawfull thing unjustly . frequent examples of this thing occurre in other kingdomes : he instanceth in tarquin the proud , expelled by brutus and lucretius ; who confiscated his goods , and would have publikely sentenced himselfe , had they apprehended his person , because he consulted not with the senate as former kings usually did , because he made warre , peace , and truces at his pleasure without the senates and peoples advice , violated the lawes which he should observe , and neglected the covenant established betweene the king and people : in nero the emperour , publikely sentenced by the senate , vitellius , maximinus ; and the speech of t●●jan ( forecited ) : likewise the french , by authority of a publike councell through the care of the kingdomes officers , expelled childericke the first , sigibert , theodoricke , childericke the third , from the crowne , for their tyranny , and set up others of another stocke in their places . yea , for sloathfulnesse , negligence , madnesse , as also for injuries to forrainers , and yeelding to the impotencie or lust of flatterers , or women , they have deposed some , and as it were taken away the reines from phaeton , lest all men should be burnt with the same fire ; as theodoricke for ebroines sake , dagobert of plectrude , and theobald his mignions , with others ; reputing it to be all one , whether a woman or an effeminate prince reigned ; or whether a tyrant , or petite tyrants under a sloathfull prince domineered : or finally , whether he himselfe were a devill , or possessed by the devill himselfe . thus not long since they compelled lewes the eleventh , a most imperious prince to receive . governours , by whose counsell he was bound to governe the republike . yea , what other right had either the carlingi , adopted into the kingdome in place of the meruingi ; or the cape●s who at this day hold it , preferred before the carlingi by the decree of a publike councell ; but from the people , represented as it were in an epitome , by the councell of the realme , which they call an assembly of the three estates , who might lawfully of right both depose those , and by their owne authority establish these in the throne ? in the same manner we read adolphus deprived of the german empire , an. . because corrupted with mony , he had made war with france , in favour of the english : and wenceslaus , an. . although these may be called , not so well evill , as lesse good princes . thus in the realme of england , edward the second , for his tyranny to his subjects , especially the nobles , whom he destroyed without hearing their cause , was at his queenes request , adjudged unworthy of his crowne by the parliament . not long since , christierne in denmarke , ericus in sweden , queene mary very lately in scotland , were deprived : which histories worthy credit testfie , hath beene frequently done in the kingdome of poland , hungary , spine , portugall , bohemia , and the rest . but what concerning the pope himselfe ? the cardinals , they say , because they have chosen him , or if they doe not their duty , the patriarks , who are primates next after the cardinals , may against his will , for certaine causes call a councell , and in it judge the pope , if he shall scandalize the church by his notorious offences ; if he be incorrigible , if reformation be necessary as well in the head as members ; if contrary to his oath he will not assemble a councell , and the like ; and de facto , we read that many popes have beene deposed by authority of a councell . but if ( saith baldus ) they be pertinaciously abused ; at first they must use words , secondly , herbes , that is , medicines ; lastly , stones ; and where the truth of vertue sufficeth not , there the defence of weapons ought to prevaile . but and if by the suffrages almost of all learned men , the decrees of councels , and the acts themselves done , it be proved , that a councell , as they speak , may lawfully depose the pope , who yet boasts himselfe to be the king of kings , and claimes as much to be above the emperour , as the sunne is above the moone ; yea , also arrogates to himselfe an authority of deposing kings and emperours at his pleasure ; who at last can doubt , but that by the publike councell of every realme , not onely a tyrant , but a king , pernicious to his kingdome for his madnesse or folly , may be deposed or removed ? goe to now , in this our politicke ship , the master gluts himselfe with wine ; most of his assistants either asleepe , or drunke with mutuall cups sportingly behold an imminent rocke . the ship in the meane time , either holds not that course which is expedient for the owner , or seemes speedily to be wracked ; what thinkest thou is here to be done under the master , by one who is vigilant and sollicitous ? shall he pull those by the eares who are asleepe , or onely jogge them by the sides ? but in the meane time , lest he should seeme to doe ought without their command , shall he not afford his helpe and assistance to the indangered ship ? truly what madnesse , or rather impiety will this be ? seeing then ( as plato saith ) tyranny is a certaine phrensie and drunkennesse , the prince may utterly subvert the republike , the most of the nobles may collude , connive , or at least are fast asleepe : the people who are lords of the republike , by the fraud or negligence of these ministers , which is their fault , are reduced into greatest straights : in the meane time there is one of the nobles which considers the incroaching tyranny , and detests it from his soule , what thinkest thou is now to be done against him by this man ? shall he onely admonish his colleagues of their duty , who themselves doe as much hurt as they may ? but , besides , as it is perillous to admonish , and in that state of things it may be deemed a capitall crime , shall he do like those , who contemning other helps , casting away their armes , shall cite lawes , and make an oration concerning justice among theeves , in the midst of a wood ? but this truly , is that w ch is cōmoly said , to be madle with reason : what then ? shall he grow deafe at the peoples groanes ? shall he be silent at the entrance of theeves ? or shall he finally grow lasie , and put his hands into his bosome ? but if the lawes appoint the punishment of a traytor against one wearing buskins on his legs , who counterfeits sicknesse for fear of the enemies , with punishment at least shall we decree against him , who either through malice , or sloathfulnesse , shall betray those whom he hath undertaken to protect ? but rather he shall command those things that are needfull to such as are wary by a mariners shout ; he shall take care lest the common-wealth receive any detriment , and shall preserve the kingdome even against the kings will and resistance , by which he himselfe becomes a king ; and shall cure the king himselfe as a frantick man , by binding his hands and feet , if he may not otherwise doe it . for , as we have said , the universall government of the realme is not committed by the people to the king , as neither the oversight of the whole church to the pope , but to every one of the nobles according to his power . but certainly , because concord proceeds from unity , that there should be no emulation among peeres , a king was instituted , who should hold the supreme place in the administration of the common-wealth . the king swears that he will seeke the safety of the realme ; the nobles swear every one the same by himselfe : whether therefore the king or most of the nobles neglecting their oath , shal either destroy the commonweale , or desert it being in danger , ought the rest therefore to desert the republike , or at least be lesse bound to defend it , as if they were absolved from their oath ? but rather then especially they ought to shew their fidelity , when as others neglect it , especially since they were principally instituted for that end , like the ephori ; and every thing may then be reputed just , when it attaines its end : whether truly if many have promised the same thing , is the obligation of the one dissolved by the perjury of the other ? whether if many be guilty of the same finne , are the rest freed by the fraud of one ? whether , if many co-gardians ill defend their pupill , shall one good man be lesse bound with the burthen of the wardship through their default ? but rather , neither can they avoyd the infamy of perjury , unlesse they endeavour to satisfie their trust as much as in them lieth ; neither can those exempt themselves from the danger and judgement of a gardianship ill administred , unlesse they implead the other gardians suspected ; when as verily one gardian may not only implead the rest suspected , and take care of those to be removed , but also remove them . therefore those who have promised their aide and assistance to all the realme or empire ; such as earles of the stable , marshals , senators , and the rest ; or those who have done it specially to any county or city which may make a part of the realme ; as dukes , marquesses , earles , majors , and the rest , are bound to aide the whole common-weale oppressed with tyranny , or that part thereof , which the people have committed to them next after the king. and thesetruly ought to vindicate the whole commonweale from tyranny , if they be able ; those as gardians assigned throughout counties , that part of the realme whose defence they have undertaken : these i say , are bound to restaine a tyrant , those to drive him out of their coasts . therefore mattathias as one of the nobles , the rest partly conniving , partly colluding ; when antiochus tyrannically oppressed the kingdome of iudah , speakes thus to the people ready to take up armes : let us restore the state of our people ; let us fight for our people , and our holy places : whence it plainely appeares , that we may not onely lawfully fight for religion , but for our countrey ; for an hearth i say , no lest justly then for our altars , and take up armes against such a tyrant as he was : neither are they blamed by any , for recovering the kingdome , but that they claimed the royall dignity to themselves , which pertained to the tribe of iudah . many pertinent examples to this purpose occurre in historians . arbactus governor of media , slew sardanapalus spinning among women , and spending the royall treasure among whores . vindex president of the french , and galba of the spaniards revolted from nero , together with all france and spaine , the senate conniving at his tyranny . but especially that laconick judgement is observable , which verily proceeding from that senate , ought to passe into a thing adjudged among all nations . when the lacedaemonians possessed byzantium , they made clearches captaine of the army , governour of the city , who taking corne from the citizens , distributed it to the forraine souldiers ; but in the meane time the families of the citizens perished with famine . an●xilaus therefore , one of the magistrates of the city , moved with that tyranny , agreed with alcibiades about the yeelding up of his countrey to him , and he soone after is received into the city . anexilaus being accused at sparta for yeelding up of byzantium , pleaded his cause himselfe , the spartanes absolved the man ; because they said , warres were to be waged with enemies , not with the nature of things ; now nothing is more repugnant to nature , then , if those who are bound to defend a city , became more unjust then the enemies . thus the lacedaemonians determined justly , to whom scarce any good kings will not assent ; verily those who desire to rule well , care not at all what is determined concerning tyrants , or what the nobles or people themselves may doe by law. but we must yet proceed further . every one of the mariners is bound , if the ship be endangered through the default or negligence of the ship-master , to put to his helping hand : every one of the nobles is bound , if the republike perish by the wickednesse or carelesnesse of the prince and his colleagues , to helpe it , being like to fall , and to vindicate the whole kingdome , or at least that part thereof which is committed to him , from tyranny . but then shall it be lawfull for every ordinary slave to doe the like ? or peradventure shall it be lawfull to herdonius subinus , euno surianus , spartacus the fencer , or , i say , to any private man to enfranchise servants , to stirre up subjects to armes , finally to combate with the prince , if tyranny urge them ? no verily . the republike is not committed to single or private men , yea they themselves are committed to the care of the nobles and magistrates no otherwise then pupils . therefore they are not bound to defend the republike , who cannot defend themselves . the sword is not committed to every man neither by god , nor by the people ; therefore if they draw the sword without command , they are seditious , although the cause may seeme to be just . finally , private men doe not make the prince , but all . therefore they ought to expect the command of all , or of those , i say , who represent all in a realme , countrey or city , which may make a part of the realme , or at least of one of them , before they attempt any thing against the prince . for as a pupill cannot bring an action without authority of his tutor , although the pupill be truly a lord , and the tutor onely is reputed for the lord , as farre forth as appertaines to his tutelary providence : so neither may the people doe ought , but by the authority of those , on whom they have transferred their authority and power ; whether they be ordinary magistrates , or extraordinarily , created in a publike assembly ; whom , i say , they have guirded with the sword for this purpose , to whom they have delivered themselves up to be governed and cared for ; who finally like that pretor of rome , who judged betweene servants and masters , are truly constituted in that place , that if any contention arise betweene king and subjects , they may shew themselves judges and redressors , lest the subjects themselves should pronounce sentence in their owne cause . therefore if unjust customes or grievous taxes be imposed , if things be done against pacts or fraudulently , and yet not one of the nobles speakes against or resists it , let them thinke they must then sit still , and thinke , that the best physitians to prevent or take away a disease , doe oft-times prescribe the opening of a veine ; the evacuation of humours , yea and scarification . for such is the nature of things , that scarce any mischiefe can be cured without another ; scarce any good may be acquired without diligent labour . they have the example of the people under solomen , who refused not the grievous tributes imposed on them for the building of the temple , and fortifying the kingdome ; because they judged those things to be imposed by the publike councell , to the glory of god , the beauty and ornament of the republike . they have likewise the example of christ our saviour , who although he were the king of kings , yet because he then sustained a private person , he payed tribute willingly . if the nobles and magistrates themselves favour apparent tyranny , or at least oppose it not , they may remember , that for the sinnes of the people , god suffers hypocrites to reigne ; whom , unlesse they turne themselves to god with all their heart , cannot be overturned with any engines . therefore there is no need of feet or hands , but bended knees . finally , they must suffer evill princes , wish for better , and thinke , they must beare that tyranny with a patient minde as they doe haile , stormes , tempests , and other naturall calamities , or change their habitations . david retired into the mountaines , and spared saul a tyrant , because he was none of the nobles of the people : christ , because he was not of this world fled into egypt , to avoyd herods tyranny . paul , because he describes the office of private christians , not of magistrates , teacheth that they must obey nero himselfe . but if all the nobles , or most of them , or at least one of them endeavour to restraine apparent tyranny , or the magistrate to drive it from that part of the realme which is committed to him , if he be such a one , as under pretext of expelling it , may not introduce another tyranny ; then verily assembling together , they may run who shall goe fastest to this choyce man , they may earnestly assist with their feete and hands , and as if god himselfe had given a signe from heaven , of a fight against tyrants , endeavour to free the kingdome from tyranny . for as god punisheth and chastiseth the people by tyrants , so likewise tyrants by the people : and that is a perpetuall truth which syrach saith ; that kingdomes are translated from nation to nation , for the iniquities , injuries , and wickednesse of princes ; and that every tyranny continues but a short space . thus the captaines and souldiers carefully executed all the commands of iehojada the high priest , in revenging the tyranny of queene athaliah : thus all the godly men of israel went to the maccabees , partly that they might defend the true worship of god , partly that they might free the republike against the impious and unjust attempts of antiochus ; yea god favoured their just endeavours , and gave them prosperous successe , what then ? may not god likewise out of private men themselves raise up some avenger of tyranny ? cannot the very same who raiseth up tyrants out of the people , backed with no title , no pretext , to punish the people , likewise raise up deliverers also out of the lowest of the people ? cannot the same who enthralled the people to iabin and eglon , deliver the same people by ehud , barac , deborah , and as it were manumit them when they were deserted by the nobles ? what therefore should now hinder , thou wilt say , but that the same god who hath sent tyrants on us at this time , should likewise extraodinarily send revengers of tyrants ? why , if ahab rageth againt good men , if iezabel suborne false witnesses against naboth , shall not there be also a iehu , which may extirpate the family of ahab , who may avenge the bloud of naboth , who may cast downe iezabel to be torne in peeces of dogges ? verily , what i have answered before , as nothing hath departed from the justice of god at any time , so not from his mercy . but yet since those evident signes , by which god was wont to confirme these extraordinary vocations of those worthies , are for the most part wanting to us in this age , let the people take heed , lest whiles they seeke to passe over sea with a drie foote , some impostor being their captaine , they fall not headlong into a gulfe , which we read sometimes to have hapned to the jewes : lest whiles they seeke a revenger of tyranny , they perchance follow one , who , that tyrant being expelled , will translate the tyranny it selfe unto himselfe : lest finally whiles they seeke to deserve well of the common-wealth , they militate to the private lust of any ; so as that may fall out which hath hapned to many republikes , especially the italian , whiles that they endeavour to remove the present evill , they bring in a farre greater . i shall close up this with three authorities more ; the first , of mr. iohn calvin , who pleads as much for obedience to tyrants and unjust magistrates as any man : instit . lib. . c. . sect . . i alwayes speake of private men : for if there be any popular magistrates constituted to moderate the lust of kings ( such as heretofore were the ephori , who were opposed to the lacedaemonian kings , or tribunes of the people against the roman senate ; or the demarchi against the athenian senate , and which power peradventure , as now things stand , the three estates in all kingdomes enjoy , when they assemble ) i am so farre from in●ibiting them to withstand the raging licentiousnesse of kings , according to their duty : that if they connive at kings outragiously encroaching upon , and insulting over the inferiour common people , i shall affirme , that their dissimulation wants not nefarious perfidiousnesse , because they fraudulently betray the liberty of the people of which they know themselves ordained protectors by gods ordinance . the second is , fuldericus zuinglius : explanatio artic. . quando vero perfide & extra , regulam christi ( principes ) egerint , possint cum deo deponi , consensu & suffragiis totius , aut certe potioris partis multitudinis . quaeris quando id fiet , ut major pars populi bono consentiat ? ad hoc dico quod antea ; si non consentiunt ut ma●um tollant , ferant jugum tyranni , & demum cum eo per●ant . nec querantur sibi fieri inju●iam , cum sua culpa id mereantur ut quidvis pati●●ntur . quis ergo miretur si populus ob flagitia & scelera principum paenas luat ? primum , cur non juxta naurae regulam cum proximo agimus ? sic enim omnes frat●es essemus , & principe nullo esset opus . deinde , cur non summo studio justitiam sectamur , & exosam habemus injustitiam omnes ? sic enim facile fieret ut unanimi consensu tyrannunt officio moveremus . nunc cum tam ●epidi sumus in tuenda justitia publica , sinimus ut impune vitia tyrannorum hodie regnent . merito ergo ab illis conterimur , & tandem cum illis luimus . non ergo desunt viae per quas tyranni tollantur , sed deest publica justitia . cavete vobis , o tyranni , evangelium enim iesu christi late sparsum vitam multorum innovabit ut innocentiae & justitiae plurimi studeant , cui & si vos studueritis , summo honore vos prosequantur , sin furere & vim facere perrexeritis , omnium pedibus concul●abimini . so he the last is the generall union of the states of the united provinces , to defend their liberties and religion , made at brussels , the tenth of ianuary . thus related by grimston in his history of the netherlands l. . p. . . the states seeing themselves ingaged in warre on all sides against the spaniards , ( who were proclaimed enemies to the countrey ) fearing some dis-union amongst themselves , by the inticing perswasions of such as sought to dismember them , they resolved , before that don iohn should enter into the countrey , to make a generall union among themselves , as well prelates , noblemen , and townes , as of others of the seventeene provinces : which was allowed by the lords of the councell of state , deputed by the king , for the government generall of the said countries ; whereof the originall remaines in the custody of the states of brabant . of which union , the tenor followeth . a generall vnion of the states . vve who have signed these presents ; prelates , church-men , noblemen , gentlemen , magistrates of the king , townes , castles , and others , making and representing the states of the seventeene provinces , being presently assembled in this towne of brussels , and others , being under the obedience of the most high , mighty , and famous prince , king philip , our soveraigne lord and naturall prince ; we give all men to understand , both present and to come , that seeing our common countrey afflicted by a more then barbarous and tyrannous oppression of spaniards , we have beene forced and moved to unite our selves together , and with armes , counsell , men , and money , to assist one another against the said spaniards , and their adherents ; being declared rebels to his majesty , and our enemies . and that this union and conjunction hath beene since confirmed by the pacification last made ; and all by the authority and consent of the councell of state , committed by his majesty for the generall government of the said countries : and as the pretended end of this union requires all fidelity , constancie , and naturall assistance for ever ; and that we would not by any misprision have cause of jealousie or mistrust , and much lesse of any bad affection or disposition of any of us ; but contrariwise , to have the affaires of the said union effected with all the sincerity , fidelity , and diligence that may be , so as not any of the subjects and inhabitants of the said countries and province may have any just cause to be discontented , or to doubt of us : for these considerations and reasons , and that nothing may be treacherously done , to the prejudice of our common countrey , and just defence ; or that omitted by negligence , which shall be necessary for our just and lawfull defence ; we have by vertue of our power and commission respectively , and otherwise for us and our successors , promised and doe promise , by the faith of christians , of honest men and true countrey-men , to keepe and entertaine inviolably for ever the said union and association ; so as not any one of us may breake or fall from it , by dissimulation , secret intelligence , or in any sort whatsoever . and that for the preservation of our holy , catholike , and romish faith , and the accomplishment of the pacification , as also for the expulsion of spaniards and their adherents ( with all due obedience to his majesty ) for the good and quiet of our countrey , and the maintenance of our priviledges , rights , freedomes , statutes , customes , and antient uses : for the effecting whereof , we will use all meanes possible ; imploying both money , men , counsell , and goods , yea and our lives , if it were necessary , and that none of us may in private give any counsell , advice , or consent , nor have any secret conference with them that are not of this union , nor yet reveale unto them in any sort what hath or shall be treated of in this assembly , o● resolved ; but shall wholly conforme himselfe according to our generall and common resolution . and in case , that any province , estate , countrey , towne , castle , or house , were besieged , assaulted , invaded , or opprest in any sort whatsoever : yea , if any of us , or any others ( having indeavoured himselfe for his countrey and the just defence thereof , against the spaniards , or for other causes depending thereon , as well in generall as particular ) should be sought after , imprisoned , ransomed , molested , or disquieted in his person , and goods , honour , and estate , or otherwise ; we promise to give him assistance by all the said meanes ; yea , and to procure the liberty of them that shall be imprisoned , either by force , or otherwayes ; upon paine to be degraded of their nobility , name , armes , and honour , and to be held perjured , disloyall , and enemies to our countrey , before god and men , and to incurre the note of infamy and cowardise for ever . and for the strengthening of this our holy union of association , we have signed these presents the tenth of ianuary , . underneath were the signatures of the deputies of every province , prelates , noblemen , and commissioners for townes ; and underneath them , was written the agreation of the councell of state , as followeth : the deputies of the generall estates here under-written , having required them of the councell of state , committed by his majesty for the government of the netherlands , to consent unto and allow of that which is contained in the union above written : the councell , in regard of the said request , and the reasons therein contained , have as much as in them lay , allowed , and doe allow by these presents , the said union , according to the forme and tenor . made at brussels in the state-house , in the assembly of the said states , the tenth of ianuary , . and underneath was written : by the commandement of the lords of the councell of state : signed ; berrii . if any shall here object ; that kings are of divine institution ; whence , dei gratia , ( by the grace of god ) is peculiarly annexed to their titles ; and not communicated unto subjects . therefore though they prove never so flagitious or tyrannicall , they may in no wise be forcibly resisted , or questioned by their nobles and parliaments for their crimes . i answer briefely ( because i have elswhere largely dissipated this objection ) first , that kings are no more of divine institution , then any other inferiour magistrates officers , or princes what soever ; as the scriptures abundantly evidence . but all other inferiour magistrates , officers , and princes whatsoever are resistible , questionable , censurable , and deposible for their tyranny , wickednesse , and misgovernment by the parliaments censure , as i have proved , notwithstanding their divine institution ; therefore such degenerating kings too , as well as they in such cases . secondly , all ministers of the gospel , are as much , ( if not farre more ) iure divino , and by gods owne ordination , as kings are ; a truth undeniable confessed by all our kings in their ordinary writs to bishops as the words , rex eadem gratia , episcopo , attest . but they for their offences and misdemeanors contrary to their function , may be both forcibly resisted , censured , deprived , degraded , yea and executed , thnotith standing their divine right and institution ; as the canons of most councels , we practise of all ages , yea , the expresse letter of the . article of the church of england , with all our episcopall canons and canonists attest : therefore tyrannicall degenerating kings may be so too , by the selfe-same reason , in some cases . thirdly , this title of dei gratia , in publike writs , anciently hath beene , and yet is common to bishops , prelates , inferiour magistrates , and subjects , as well as to kings ; as sundry precedents in our law bookes , matthew paris , salon , with others attest , and mr. iohn selden in his titles of honour , part . . chap. . sect. , p. . professedly proves at large , to whom i shall referre you : but these both lawfully may be , and alwayes have beene forcibly resisted , questioned , convented , deprived , censured for their tyranny and misdemeanors , notwithstanding this their stile of dei gratia , or pretence of divine institution : yea , we know that bishops have beene lately thrust out of many churches , notwithstanding their long pretended ius divinum to support their hierarchy ; and iohn gerson a papist , hath writ a particular treatise de auferibilitate papae , notwithstanding the popes pretended divine title to his monarchy , which may be now , and one day shall be totally abolished . therefore tyrannicall degenerous kings , may be justly resisted , censured , deprived , as well as they , and royalties changed into other governments , by the peoples and kingdomes common consents , if they see just cause . if any secondly object : that kings are annoynted at their coronation ; therefore their persons are sacred , irresistible , unquestionable , unpunishable , for any tyrannicall or exorbitant actions whatsoever . i briefely answer : first , that every christians baptisme , ( being a sacrament of christs owne institution ) at least his spirituall unction and sanctification , ( as i have formerly proved ) makes a person as sacred , yea more holy , then kings annoynting ( being no sacrament ) can , or doth of it selfe make the person of any king whatsoever . a truth which no christian can without blasphemy deny . but baptisme , and the inward unction of the spirit of grace and sanctification , exempts no christians from resistance , censure , punishments of all sorts , in case they commit any exorbitant or capitall crimes ; as experience tels us : therefore kings coronation annoyntings cannot doe it . secondly , priests anciently were and at this day too in the roman church , are annoynted as well as kings ; and so are children and si●ke persons ( that i say not altars , bels , &c. ) with chrisme and extreame vnction : but these unctions conferre no such immunity to priests , children , sicke men , others , &c. therefore neither can this annoynting doe it to kings , especially now , being no divine institution . thirdly , the annoynting of kings , is not common to all christian kings ( many of them especially in former times , having beene crowned without any annoynting at all ) but peculiar to emperours , and to the kings of ierusalem , france , england , and sictly , the foure annoynted kings , onely , as albericus , restaurus castaldus , antonius corsetus , azorius , cassanaeus , and sundry others affirme , out of the old roman provinciall : though some other kings have now and then beene annoynted when they were crowned , as mr. selden proves . since therefore all kings persons are reputed sacred , as well as these foure who are annoynted ; and these kings as soone as the crowne descended to them , even before their unctions and coronations were deemed as sacred and inviolable as before ; it is certaine , that their very enoyling of it selfe makes no addition to their personall immunities from just resistance , publike censures , or deprivations for grosse unsufferable publike crimes . fourthly , the annoynting of christian emperours and kings is not very ancient . charles the great being the first annoynted emperour it we beleeve mr. selden . the first annoynted king in france , was pipin about the yeare . the annoynting of their clovis the first , about they yeare . with that holy vial of never-decaying oyle ( reserved at rheimes to annoynt their kings ) which they say a dove brought downe from heaven to annoynt him with , ( a ridiculous monkish , fable , much insisted on by bochellus and other french-men , who relate the grand solemnity used in the carrying and recarrying of this fabulous vial , at the french kings coronations ) being not at his coronation , as many fondly mistake , but onely at his baptisme , as mr. selden manifests by pregnant authorities ; the annoynting of kings is farre more ancient in england then in any other realme , as mr. selden notes out of gildas ; yet egfert is the first of whose annoynting there is any intimation in our histories , about the yeare . to adde to the holinesse of which ceremony , some of our monkes in latter ages have forged a legend ( as good as that of the holy vial at rheimes ) that the virgin mary gave to thomas becket , archbishop of canterbury ( during his exile under henry the second ) a golden eagle full of precious oyle , inclosed in a stone vessell , commanding him to preserve it : foretelling him , that the kings of england annoynted with this oyle , should be champions of the church , and bountifull , and victorious as long as they had ●his eagle , & oyle . how late the unction of kings began in other realmes , you may read at large in mr. selden ; and how the later kings of iudah were annoynted , and with what unguent or oyle , the curious may read at leisure in cunaeus . this annoynting therefore of kings being not of divine institution , of such puny date in most realmes , and no wayes necessary nor essentiall to the constitution or inauguration of any christian king ; can adde no immunity , or priviledge at all to the persons of kings , much lesse exempt them from all forcible resistance , just censures , or deprivation it selfe , if there be just and reall cause to proceed criminally against them in case of incorrigibility , as i have elsewhere more fully demonstrated , and therefore shall no further expatiate in this particular here : onely i shall conclude with one notable history which proves it . i read in gulielmus neubrigensis ; that for an hundred yeares space and more , though there were a numerous succession of kings in norway , yet none of them ended his life by old age or sicknesse , but all of them perished by the sword , leaving the soveraigne power of the realme to their murderers , as to their lawfull successors , so as to all those who are knowen to have reigned there for so long a time , that which is written might seeme to have reference ; hast thou slaine , and also taken poss●ssion ? the nobles of this land out of a pious endeavour , desirous to heale this infamous mischiefe , obteining now the vigour of a law as it were through long custome , decreed , that the new king should be solemnly annoynted with a mysticall unction , and crowned , so as no man should dare from thenceforth to lay hands on the lords annoynted : for till that time none in that nation hath ever beene consecrated king after an ecclesiasticall manner , but whosoever had tyrannically slaine a king , put on the person and power of a king thereby , and left the same likewise after a little fortune to his murtherer , by a law of inveterate custome , which verily , out of acertaine christian simplicity , was thought by many to have beene therefore so frequently done , because none of the former kings had deserved to be initiated with the solemnitie of a royall unction . therefore haco being slaine who had succeeded king j●ge slaine by him , when the succession of the crowne seemed to belong to one magnus a child , nephew to j●ge , the wisemen and nobles of the realme by a common decree , caused the said child to be solemnly consecrated to be the lords annoynted , and crowned with a diadem . by which deed they thought that they had a prince made sacred to them , and that the disgrace of the ancient custome was thereby abolished . but when magnus had reigned some few yeares in great prowesse and happinesse , a most infamous priest suerus , surnamed birkebain , usurped a tyranny , twice defeated magnus by warlike stratagems , and at last utterly routed and slew him in battell ; ( notwithstanding his annoynting ) and usurping the crowne , renounced his holy orders , married a wife , and would have beene crowned by the archbishop of that land ; but he being a great man , would neither be moved with prayers nor threats , to annoynt an execrable head with sacred unction , for which he was banished the countrey : at last after two great victories against two competitors who were slaine , suerus obtained the royall crowne , with mysticall unction , by the hands of a certaine bishop compelled thereunto under paine of death , as it were secure by his frequent successes , from the uncertaine end of a long prospering tyranny , &c. by which history it is evident , that it is but a childish simplicity to beleeve , that the ceremony of annoynting kings can of it selfe make kings persons sacro-sanct , or preserve them from violence or assassinations , since it no way prevented this mischiefe in this realme , ( nor yet in any other ) the very first king for whose personall safety this ceremony of annoynting and crowning was introduced among the norwegians and danes , being not long after slaine by his subjects and competitor in battell . i shall close up this with the notable sentence of deprivation solemnly given and executed against wenceslaus the emperour , notwithstanding his annoynting . the sentence of degradation and deprivation of the emperour wenceslaus king of romans , pronounced by the electors of the empire in the yeare of our lord. . in the name of god amen : we john by the grace of god , archbishop of the church of mentz , arch-chancellor of the sacred roman empire throughout germany , make knowne to all men present and to come . what various , manifold , and grievous , as well incommodities as discords , have for many yeares since beene brought into the holy church continuing even to this present , and daily sprouting up more abundantly to the most grievous convulsion , imminution , and dissipation of the sacred roman empire , ( which ought to be a garrison to the church of god and the christian world ) as they cannot be all written , so the mischiefes daily increasing do manifestly enough teach and confirme . and for this cause the lords electors of the sacred roman empire , the ardent petitions of the holy church , princes , nobles , cities , provinces , and subjects of the sacred empire , intreating , desiring a prudent moderator , have long agone very often and seriously , together with us admonished the most illustrious prince lord wenceslaus king of bohemia , both by their owne and their friends labour , and finally by letters ; and have diligently set before his eyes , privately and publikely , his unbeseeming and detestable manners and actions in governing , as also the defects , incommodities and discords of the said church and christian world , likewise the most grievous avulsions and diminutions of the members of the sacred empire , hurtfully done , and permitted to be done , against the dignity of his name : to wit , that he hath not promoted peace in the church , although the great necessity of the christian world , as likewise his office of advocate and defendor of the church , earnestly required it , and he hath also beene frequently desired , required , and admonished to doe it : he notwithstanding perniciously mutilated the empire , and permitted it to be maimed in some members . in the number whereof are millain , and the province of lombardy , which were of the right of the same roman empire , most ample emoluments returning thence to the empire : in which dominion the millainer , like a minister , enjoyed it as a part of the roman empire ; when as he , contrary to that which became his sublimity and dignity , receiving money , created a duke of millain , and an earle of papia . moreover , he hath alienated divers cities and lands belonging to the empire , as well in germany as in italy , some whereof had returned to the same , having little consideration , that he ought to retaine them with the sacred empire . moreover , he hath sold for money to his friends , very many naked and unwritten parchments , ratified notwithstanding with the seale of his majesty ; wherein it was lawfull both for them and others into whose hands these parchments came , to write what things they pleased under the royall seale . out of which thing , for the hurtfull diminution and dissipation of the rights and emoluments of the sacred roman empire , great complaints are risen up . moreover he never had any care of the controversies and warres , which ( alas for griefe ! ) have ●iserably afflicted and ruined germany , and other lands of the sacred empire . hence spoylings , burnings , and robberies have sprung up , with such lamentable encreases even at this day , that none , neither clarks nor laicks , neither husbandmen nor merchants , neither men nor women , whether by land or sea , may converse in safety . temples , monasteries , and religious houses , which the sacred empire ought with its hand to assist and defend , are exposed to rapines , and burnings , and reduced to destruction . things are gone to this passe , that every one might have handled , and may even now handle another at his pleasure , against the reason of right and equity , without any feare of the sacred , and long despised imperiall authority , so as even the place of conventing any one , where the defence and patronage of right may be undertaken in the name of the empire , is altogether unknowne . finally , which is horrible and dreadfull to be spoken , both with his owne hand , and the hand of other wicked instruments he hath with him , he hath put to death , drowned in the waters , burned in the fire , miserably and cruelly destroyed , the reverend bishops of holy things , priests , and spirituall pastors , likewise many other men of honest note , against the rule of right , otherwise then became the king of romans . which mentioned things verily , and many other grievous wickednesses and dammages are so divulged and openly knowne , that they can be no wayes excused or concealed . therefore we , as we have fore-written , have frequently very earnestly beseeched , admonished , and required him , that renouncing this unbeseeming kind of life , he would take the study and labour to himselfe , whereby he might recover to the holy church , oft-times imploring his aide , as king of romans , and her advocate , peace and tranquillity , and to the sacred empire , its prestine honours , dominions , and finally its emoluments ; to the assistance and consolation of the christian world , grievously debilitated and oppressed in this regard . now albeit we have most clearely explicated to the foresaid lord wenceslaus , and exhibited to him in writing , these and other more grievous defects , concerning him as king of romans , and the empire ; yet having heard his answers , and having reiterated our serious exhortations , moreover having communicated the businesse to the sacred roman sea , we have never as yet found him , to have amended his manners as became a king of romans ; namely to recover peace to the church , principally n●cessary to the christian world ; also to the sacred empire , its dignities , lands , and dominions : a thing which is most notoriously knowne throughout all the provinces of the empire . therefore because we could no longer neither conceale , nor endure the remembred and many other defects , touching the sacred church and empire , with grievous losse and mourning ; by reason of the instant petitions of the persons aforesaid , but especially by reason of the oath wherewith we are obliged to the same , as the next superiour members of the sacred empire ; therefore as of bounden duty , we were to advise and endeavour how the sacred empire might be more rightly and wholesomly provided for , ( by whose madde and negligent administration those inconveniences have crept in ) to the safegard and consolation of the christian world . and verily as he in obeying us , had performed an acceptable thing , so we have sufficiently and seriously called and cited him , so as wee have signified to him ; that unlesse he should be present at the place and day appointed , it would come to passe , that both in respect of the petitions exhibited to us , as likewise in respect of our oath , we should be compelled to take and enter into such counsels , whereby the sacred empire might be better setled : most clearely attesting it in our letters . for this purpose we appeared at the place and time prescribed , together with our coelectors sufficiently summoned , also with the other princes and of the sacred empire , expecting from day to day , whether the foresaid lord wenceslaus would appeare , to apply a remedy to the foresaid diseases , and from thenceforth more rightly to consult about the affaires of the sacred empire . but he neither vouchsafed to appeare , nor yet to send any one to us in the name of a proctor . wherefore when as by reason of so many pregnant and pernicious defects , we had admonished and reproved him very often in private and in friendly manner , but after that , when we could doe no good , before the princes and nobles , and cities of the empire , in divers assemblies , not without great and grievous expences , yet without any fruit ; therefore we referred all the fore-mentioned things to the sacred roman sea. but when as neither then , he no whit regarded all those things , we could conjecture nothing else from thence , but that he had laid downe the care both of the church and christian world , but especially of the sacred empire . therefore resolving , that this mischiefe , destructive to the whole christian republike , was by no meanes to be any longer borne and tolerated , with a minde well confirmed , after many and various debates and consultations , both betweene our selves , as also with other princes and nobles of the sacred empire , seriously had , for the safety of the church , the consolation of the christian world , the honour and profit of the sacred empire , we have thought meet , that the foresaid lord wenceslaus , should at this time be wholly removed from the roman sacred empire and all its dignity , as one that is negligent and a destroyer of the empire , and unworthy of it . therefore we john , archbish. in the name of the foresaid lords coelectors of the sacred empire , and our owne , moved both with the commemorated , as also with many other notable defects and causes , by this our sentence , which we give and pronounce by this our present writing , deprive and remove the foresaid lord wenceslaus , as an unprofitable , negligent waster , and unworthy defender of the sacred empire , from the foresaid roman empire , and from all his degree , dignity , and dominions appertaining to the same : denouncing to all the princes , nobles , knights , gentlemen , cities , provinces and subjects of the sacred roman empire , that they are altogether free from all homage and oath made to the person of wenceslaus in the name of the empire : requiring and admonishing them under the faith of the oath , wherewith they are obliged to the sacred empire , that they doe not henceforth , obey , and submit to the said lord wenceslaus , as the king of romans , nor exhibit or suffer to be exhibited to him any right , obedience , tribute , rent , or any other revenue , by what name soever it may be called ; but reserve the said duties , for a profitable and idon●ous king of romans , hereafter to be substituted by gods gracious assistance . in assurance and testimony of all which things , we john archbishop of mentz , have caused this present instrument to be made by the subscribed notaries , in this patent forme , and our great seale to be affixed thereunto . this premised sentence was read and pronounced by us john archbishop of mentz , in our name , and the names of the lords , coelectors before remembred , under the castle lonstein at the rhene , in the diocesse of triers , reaching towards brubachium , out of a publike throne , erected for the use of a tribunall , the lords coelectors sitting there in judgement , in the yeare of our lords incarnation , . the eight indiction , on saturday the twentieth day of the month of august , a little before the time of the nones ; in the eleventh yeare of the papacy of our most holy father and lord in christ , lord boniface the ninth , pope , by divine providence ; in the presence of the most illustrious princes and lords , john , sonne of the most illustrious prince and lord rupert , duke of bavaria and count palatine of rheine , fredericke burgrave of norimberge , the noble philip lord of nassau , and sarbrucke , emichon of luringen , john of zigenhaim , cunrade burgrave , our canon of mentz , earles : bernhard of westerburg , john of limpurge , rinehard of honowe , barons : mr. nicholas berwin of the sacred page , john of witenburg , and nicholas burgman , of the decrees ; mr. herman president of saint gerion of colen , doctors of the law : likewise the valiant knight sigfride of lindow , our vice-commander in ringaugia ; john bossen of waldeck , our buggrave beckelnheim ; and our trusty henry rulman , of dadenberg , gerard of emerberg , lord in lantscron , fredericke of sachenheim , culman of con●ren , john of dalburg , rudolfe of zei●●ikon , as also many other lords , knights , and gentlemen , spirituall and secular , standing by in great number , called and requested to the things above written . and i nicholas berchtoldi fridberg , clerke , publike notary of the diocesse of mentz , by episcopall and emperiall authority , and sworne scribe of my foresaid most gracious lord , lord john archbishop of mentz , because at that time i was personally present when this sentence which we have fore-writ , was given and pronounced , together with the publike notaries and witnesses commemorated , and saw and heard all these things to be done ; therefore at the command and request of my foresaid most gracious lord of mentz ; have reduced this publike instrument faithfully put in writing , into publike forme , and have subsigned and ratified it with my accustomed signe of notariship , having likewise annexed the great seale of my foresaid lord of mentz , in assurance and testimony of all the premises . the names of the notaries are , nicholaus berchtoldi fridburgensis . ioannes meier junior gasterveidensis . conradus a leiborn , clerious , padebornensis diaecesis . henricus s●alberg rotenbergensis . tilmannus a honberg . conradus coler zus●ensis , coloniensis diaecesis . finally , it is evident ; that the nobles , magistrates , parliament , and representative body of the people , or some part of them in default of the rest , may lawfully take up defensive armes to resist their princes , endeavouring to abrogate the law of god , to waste the church , and exti●pate the true religion setled among them by the lawes , and usher in idolatry . and , that in such a case as this , neighbour princes and states lawfully may , yea and ought in point of conscience , to aide the subjects of other princes , afflicted for the cause of pure religion professed by them , or oppressed by open tyranny . these propositions are largely and professedly debated by iunius brutus in his vindiciae contra tyrannos : quaest . . . & . . throughout , in the treatise intituled de iure magistratus in subditos , spent wholly in this theame . georgius obrectus : disput. iurid . de principiis belli . num. . to . by vasquius . contr. illustr . . n. . and elsewhere , by alhericus gentilis , and sundry others forecited : i shall onely fortifie the later part thereof , with the observation of the duke of rhoan , who acquaints us ; that it is , and hath beene of later yeares the very true interest , honour , and greatnesse of the kings and queenes of england , both in point of policy and religion , to protect and assist with armes all princes of the reformed protestant religion , in france , germany , and other parts ; as it is the true interest of the kings of spaine , to protect and releeve all oppressed or grieved roman catholicks under the dominion of other princes : and that their honour , safety , and greatnesse principally consists in the observation and maintenance of this their interest : and with the words of iunius brutus ; who thus states and debates the question . an iure possint , aut debeant vicini principes auxilium ferre aliorum principum subditis , religionts causa afflictis , aut manifesta ty●annide oppressis ? in defining this question ( saith he ) there is more need of conscience , then science , which would be altogether idle , if charity obtained its place in this world . but because as the manners of the times are now , there is nothing more deare or rare among men , then charity it selfe , we thinke meete briefely to discusse it . the tyrants as well of soules as bodies ; as well of the church as common-wealth or realme , may be restrained , expelled , and punished by the people . both these we have already proved by reasons . but , because such is the fraud of tyrants , or such the simplicity of subjects for the most part ; that they are scarce known before that they have spoyled ; or these scarce thinke of their safety , till they have almost perished , and are reduced into those straits , out of which they cannot get out with their owne forces , so as they are compelled to implore the aide of other ; it is questioned , whether they defending the cause of religion or of the common-wealth , of the kingdome of christ , or of their owne kingdome , other christian princes may lawfully assist them ? and truly many , whiles they have hoped to increase their wealth by ayding the afflicted , have presently judged it to be lawfull . for thus the romans , alexander the great , and many others , under pretext of suppressing tyrants , have frequently enlarged their dominions : and not long since we have seene henry the second , king of france , to have made warre with the emperour charles the fifth : and that under pretext of succouring and defending the princes of the empire , and of the protestants too ; as also henry the eighth , king of england , was ready to aide the protestants in germany , to make worke for charles the fifth : but if any danger may be feared from thence , or little gaine may be expected , then verily they must heare most princes disputing , whether it be lawfull or no ? and as those under a pretext of piety , did cover either ambition or gaine ; so these pretend justice for their sloathfulnesse ; when as verily neither did piety exhort them , which seekes onely the good of others , nor yet justice ought to dehort these , which looks wholly abroad , and is as it were , cast out of its owne doores . therefore , discharging both these , let us see first in the cause of religion , what true piety , and what true justice may perswade . first , let it be agreed , that there is but one church , whose head is christ , and whose members so cohere and agree among themselves , that none of them ; even the smallest can suffer violence or hurt , but the rest are hurt and suffer griefe , as the whole scripture teacheth . therefore the church is compared to a body . now the body is oft-times affected not onely with the hurt of the arme , or legge , but even of the very least finger , or perisheth with its wound . therefore in vaine may any one boast , that he is cordially affected with the safety of the body , who when he may defend the whole , yet suffers it to be torne and mangled limb after limb . it is compared to a buildings now , where mines are made against any part of the building , the whole building oft-times fals downe to the ground ; and the flame which invades any part thereof en●●●gers gers the whole . therefore he should be ridiculous , who because he 〈◊〉 in the calla● perchance , should delay to drive the flame from the top of the house . he should be scarce in his wits , who would not prevent mines with countermines , because they are made against this wall , not against that . it is also compared to a ship : now the whole ship is endangered together , the whole perisheth together : therefore those are equally safe who are in the fore part , as those who are in the puppe ; those who are in keel , as safe as those in the shro●ds , if the storme rage : whence verily even in the common proverb , those who are conversant in the same danger , are said to be in the same ship : these things laid downe , verily he who is not moved with its griefe , burning , to ssing , is not of that body , is not accounted of the family of christ , hath no place in the arke . yet he who is but a little moved , ought no more to doubt , whether he ought to aide the afflicted members of the church , then whether he may helpe himselfe , since in the church all are one ; but rather every one is bound in his place to afford his helpe and assistance to them ; and so much the more helpe , by how much the more riches he hath received from god , not so much to be possessed , as expended . this church as it is but one , so likewise it is universally and intirely committed , commended to all christian princes severally : for because it had beene dangerous to commit the whole church to any one ; and to commit the severall parts thereof to particular persons , had beene clearely contrary to its unity ; god hath committed all of it to every of them , and its particular parts to any of them : nor yet so , as that they should onely defend it ; but also , that they should have a care to propagate it , as much as they are able . therefore if the prince of the countrey , takes care of one part thereof , perchance the german or engl●sh ; but yet deserts and neglects the other oppressed part , if he be able to relieve it ; he is judged to have deserted the church , since the spouse of christ verily is but one , which he ought to defend and protect with all his might , lest it should be violated or corrupted any where . the instauration of this universall church as private men are bound to promote with bended knees , so magistrates , i say , are obliged to doe it with their feet , hands , and all their strength . neither is the ephesian church one , the colossian auother , and the rest ; but all these particular churches are parts of the universall ; now the universall is the kingdome of christ , which all private men ought to desire ; but kings , princes , magistrates , are bound to amplifie , dilate , defend , and propagate every where , and against all whomsoever . therefore among the jewes there was one onely temple built by solomon , which represented the unity of the church . now he should be a ridiculous churchwarden , and to be punished , who should take care onely to preserve one part safe and sound , but suffer the rest to fall to decay ; likewise all christian kings when they are inaugurated , receive a sword , of purpose to defend the catholike or universall church ; which taking into their hand , they point out all the quarters of the world , and brandish it towards the east , west , south and north , lest any part thereof should be thought excepted . since then they receive the protection of the church in this manner , without doubt they understand the true , not false church . therefore they ought to doe their endeavour to defend , and to restore intirely , that church , which they professe to be true and pure . now that thus it was observed by pious princes , examples may teach us . in the time of hezekiah king of iudah , the kingdome of israel was long before enthralled to the king of assyria , to wit , from the time of king hoshea : therefore if that church of god onely which is in the kingdome of iudah , and not also the universall , had beene committed to hezekiah ; and if the bounds of the realmes had been to be kept in defending the church , in the same manner as they are in imposing tribute ; without doubt hezekiah , especially at that season wherein the assyrians enjoyed the empire of the world , would have contained himselfe : but we see that he invited by posts all israel , the subjects , i say , of the king of assyria , to celebrate the passeover in ierusalem ; and moreover that the godly in israel helped them in pulling downe the high places , even in the territories of ephraim , manasses , and the rest . so likewise we read that king iosiah , a most godly prince , purged not onely his owne kingdome , but the realme of israel likewise , then wholly subject to the king of assyria , from the worship of idols . verily where the glory of god , where the kingdome of christ are in question , no limits , no bounds , no railes ought to exclude or keepe off the zeale of pious princes . but if peradventure some greater feare hangs over their heads , they may remember by the example of these , that those who truly feare the lord , can feare no man. these examples of pious princes , since the time that the church , which was first circumscribed in palestina , hath beene spread over all the world , many christian princes have followed : constantine and licinius were both emperours , he of the east , this of the west : they were likewise colleagues endued with equall power : now it is known , what is commonly spoken ; that one equall hath no empire over another equall : yet notwithstanding constantine made warre with licinius : who being vexed , slew the christians , and among them many of the nobles , either for the cause , or for the pretext of religion ; by force obtaines free profession of religion for the christians ; and finally breaking his faith , and reverting to his pristine cruelty , he commanded him to be put to death at thessalonica . this i say did constantine the great , whose piety is so much celebrated by the divines of that age , that some of them will have that spoken of him , written in the prophet esay ; that kings should become nursing fathers and pastors of the church . he being dead , the roman empire was divided between both his sonnes by equall right , no prerogative being annexed to either of them . of them , constans fostered the orthodox , constantius the elder , the arrians ; and he verily expelled athanasius the enemy of the arrians , out of alexandria . truly , if any rules of bounds ought to have beene kept , it ought to have beene betweene brethren : yet in the meane time constans threatned his brother , if he restored not athanasius ; being ready to doe it by force , unlesse constantius had speedily restored him intirely ; now if so be he doubted not to doe this , onely for the restoring of one bishop , might he not much more justly doe it , where some part of the people is oppressed , when they implore assistance , when they desire to defend their religion by the nobles approbation ? so likewise theodosius , by the perswasion of bishop atticus undertook a warre against chosroes king of persia , that he might releeve the christians persecuted for religion sake , although they were truly privat men , which surely those most just princes , who enacted so many lawes , and who had so great a care of law , had never done , if they had imagined , that by this their act others territories and the lawes of nations had beene violated . yea , to what end were so many expeditions of christian princes into syria against the saracens ; to what end were those saladinian dismes so oft imposed ; to what end so many sociall warres against the turkes , so many crossadoes indicted against them , if it be not lawfull for any christian princes , even the most remote , to free the church from tyranny , and christian captives from the yoke of bondage ? now with what arguments were they impelled to the warre , with what reasons were they urged ? unlesse these , that the church was one ? that christ called all whatsoever from all quarters to this service ? that common dangers were to be repulsed with common armes ? all which likewise doe plainely suite with this our cause . now and if this were lawfull for them against mahomet ; yea , not onely lawfull , but likewise as a reward was appointed to the industrious , so a punishment both to the sloathfull , and delayers ; why not also against the enemy of christ ? if i say , against the graecians be●ieging our troy ; why not also against sinon the incendiary ? finally , if it be a pious act to free christians from bodily servitude , ( for the turkes compell no man to it ) is it not much more so , to manumit the soules of miserable men , and to restore them to liberty ? and verily these so many examples of pious princes may be insteed of a law. but now heare what god himselfe by the mouth of his prophets doth every where threaten against those , who promote not the instauration of the church , or neglect its affliction . the gadites , reubenites , and halfe tribe of manasses , desire of moses that their portion might be given to them and their families on this side iordan : and moses truly gave it them ; but with this law and condition ; that they should not onely helpe their brethren , the other israelites , in conquering the land of canaan , but , because they had first obtained their portion , that they should goe before them , and be placed in the forefront of them : which if they should not doe , he accurseth them , smites them with anathema , and compares them to those who had beene judged rebels at cadesbernea : for what ? saith he , shall your brethren goe to warre , and you in the meane time sit still here ? but rather you shall passe over iordan , neither shall you returne againe hither to your houses before that god hath expelled his enemies from before his face , and given rest to your brethren , as he hath given unto you : then verily you shall be innocent before the lord of israel ; verily those on whom the great and good god hath bestowed so great a benefit , unlesse they assisted their brethren , unlesse they were companions of their labours , unlesse they went before them , should without doubt receive most grievous punishments . likewise , when under the conduct of deborah , those of nephthali and zebulon had taken up armes against the tyrant iabin , and in the meane time the tribe of reuben , which ought to be first in armes , delighted themselves with the pipes among the pastures of the flockes , dan boasted of the empire of the sea , asher finally trusted in the asperity of mountaines , all of them are most expresly condemned by the spirit of god , speaking by the prophetesse ; curse ye meroz , saith the angel of the lord , curse ye bitterly the inhabitants thereof , because they came not to the helpe of the lord against the mighty . but blessed above women shall iael the wife of heber the kenite be , who ( although she might have pleaded a truce with the heathens ) yet notwithstanding shee slew sisera , the captaine of the enemies hoast . therefore piously spake vriah , the arke , and israel , and iudah abide in tents , and oft times passe the night without sleepe in the open fields ; shall i then feast with my wife , eate , drinke , and follow my pleasures ? as the lord liveth , i will never doe this . contrarily the princes of israel did impiously , who trusting in the difficulty of the mountaines of samaria , and in the munition of sion , flowed with luxury , feasted , dranke , slept on beds of ivory , anoynted their heads ; but in the meane time wonderfully despised contrite , cruciated , afflicted ioseph , neither were any way moved with his affliction . therefore saith the lord of hoasts , i abhorre the excellency of iacob , and hate his palaces ; i have sworne by my soule that i will deliver up the city ; and all that is therein , yea , these who so greatly rioted shall soone goe with the first into captivity . impiously also did the ephramites , who did not onely not gratulate gideon and iephtha , attaining the victory and triumphing , but likewise envyed them , though yet they deserted them when they were in danger . likewise the israelites , who when david reigned , cryed out ; saying : behold we are thy flesh and thy bones ; when he was reduced into straites , said : we have no part in david , nor in the sonne of iesse . impiously doe all those christians onely in name , who will communicate in the sacred feasts of the church , and yet will not so much as taste the cup of bitternesse with their brethren , who seeke salvation in the church , and yet take no care for the salvation and safety of the church and of its members . finally , they acknowledge one father , god ; one family , the church ; professe themselves to be one body in christ ; yet neither yeeld any aide to christ afflicted in his members , or bestow their wealth on him being poore . what thinke we shall be the future punishment of their impiety ? moses compares the deserters of their brethren , to the rebels at kadesbarnea : now none of those by gods owne decree , entred into canaan . therefore they can seeke no place for themselves in the co●lestiall canaan , who assist not christ most miserably crucified , and dying a thousand times every day , and implores as it were their helpe from doore to doore . christ himselfe condemnes those to eternall fire , who harboured him not when he was a stranger , who fostered him notwhen he was a cold , who cloathed him not when he was naked , who relieved him not when he was poore , who freed him not when he was captive . therefore they ought to know , that eternall fire is prepared for them , who passe him by with a deafe eare daily , suffering such things , although in the meane time they may seeme to worke great miracles ; and therefore verily it shall be easier for certaine insidels , than for them ; for what doe the jewes , the scribes and pharisees properly cruci●ie christ ? doe the ethnickes , turkes , ●inally some christians , persecute , crucifie , vex christ in his members ? the jewes professe and beleeve him an imposter ; the ethnickes a malefactor ; the turkes an in●idell ; others an heretique . therefore if they consider the minde of them all , from whom we commonly measure the crime , they all seeme to persecute noxious , impious men deserving punishment , not properly to slay christ ; but they onely doe truely persecute , truely slay him , who willingly suffer him whom they professe their messiah , redeemer , god , to be tortured and crucified in his members , when they might hinder it . in summe ; he who delivers him not from death , when he may , is equally guilty with him that slayes him : for because he would not helpe him , he willed he should be slaine ; now in a crime the will it selfe ought to be regarded . but certainly , the murther , especially of christian princes , who helpe not those who are persecuted for religion , is so much the more grievous , by how much the more they slay , whom they might set free , and by how much it is more wicked to slay a brother , than any other person . a wickednesse more horrid than that of the tyrants themselves ; by how much it is worse to slay a good , just , pious , innocent man , than a theefe , imposter , ●orcerer , hereticke ; more flagitious to assault god , than any man : and finally , by how much perfidiousnesse in an equall fact exceeds ignorance . but whether shall it be lawfull to determine the same of those , who give no assistance to those who are oppressed with tyranny , or defend the republicke against tyranny ? since a reason cannot be given of so s●raite an alliance , of so strict a covenant ; when as , i say , we doe not here discourse of the church , which is but one of all men ; which being one and universall , is committed to every one ; but of the republicke , which may be different from that of others ; and being different , is committed severally to others ? a neighbour , saith christ , is not a jew to a jew onely , but to a samaritan , and to any man. now we ought to love our neighbours as our selves . therefore a jew , if he would discharge his duty , is bound to deliver from a theefe , if he be able , not a jew onely , but likewise every stranger , yea likewise one unknowne . neither will any one dispute , whether it be just to defend himselfe ; seeing verily it is more just to defend another than himselfe in this respect , wherein things are more just , which meere charity doth , than those which either anger , or revenge , or other perturbation of the minde doe : and no man holds a meane in revenging his owne injuries ; but in other mens , although more grievous , even the most immoderate may hold a meane . but we may learne from the heathens themselves , what humane society , and what the common nature of all men require of us in this thing . for cicero saith , there is one nature of all men ; that even nature it selfe prescribes this , that a man ought to take care of a man , who ever he be , even for this very cause , that he is a man. if otherwise , all humane consociation must necessarily be dissolved . therefore , as there are two foundations of justice : first , that no hurt be done to any ; next , that the profit of all , if it may be done , be advanced : so also there are two kinds of injustice ; one of those who offer injury ; the other of those who propulse not wrong from those to whom it is offered , if they be able . for he who doth unjustly against any one , incited either by anger , or other perturbation , he seemes as it were to offer violent hands to his companion ; but he who doth not defend , or resist an injury if he can , is as much in fault , as if he deserted either his parents , or friends , or country . so that what the one doth , anger is judged to doe , which is reputed a short fury ; what the other , an evill minde truely , which is a perpetuall tyranny . and however his fury may be excused , the others destinated counsell can by no meanes be excused . thou wilt say , i feare that while i repulse an injury from him , i should doe an injury to the other . yea verily , thou wilt cover thine injustice with a pretext of justice ; whereas if thou consultest with thy selfe , not justice moves thee to desert thy duty , but rather some other cause . for , as he saith in another place , either thou wilt not undertake enmities , or labour , or cost ; or else thou art so hindered with negligence , sloathfulnesse , idlenesse , or with thy studies , or certaine imployments , that thou sufferest those to be deserted , whom thou oughtest to protect . but while thou sayest , thou dost thine owne businesse , lest thou mightest seeme to doe wrong to any , thou runnest into another kinde of injustice . for thou desertest the society of life , because thou bestowest on it nothing of thy study , nothing of thy paines , nothing of thy goods . these things ethnickes , philosophers , and politicians hold , truely more piously than many christians in this age . hence a neighbour is bound by the lawes of the romans , to take away a servant from a cruell master . but among the aegyptians , he who had casually found a man to be beaten by theeves , or to suffer any injury , and had not rescued him , if he could , was guilty of death : if not , hee was bound to accuse the theeves before the magistrate : which if he had neglected , he was beaten with a certaine number of stripes , and punished with a three dayes fast . now if this verily be lawfull in one neighbour towards another , yea , lyeth upon him out of duty to assist every one he meets against a theefe ; shall it not be much more lawfull to a good prince , not onely to ayde and patronize servants against a raging master , or children against a furious father ; but a kingdome against a tyrant , a republike against the private lust of one man ; a people , a lord , i say , against a publike servant and agent ? yea , verily , if he shall neglect it , shall not he merit the name and punishments of a tyrant , as the other of a theefe ? hence thucydides saith , not onely those are tyrants who reduce others into servitude , but much rather those who when they may repulse that violence , take no care to doe it : but especially those who will be called the defenders of greece and the common country , but yet helpe not their oppressed country : and rightly ; for a tyrant is in a sort compelled to retaine violently the tyranny which he hath violently invaded ; because , as tyberius said , he seemeth to hold a wolfe by the eares , which he cannot retaine without force , nor yet let goe without danger . therefore that he may extinguish one crime with another , hee commits many wickednesses , and is compelled to injure others , lest he should be injurious to himselfe . but that prince who idlely beholds the wickednesses of a tyrant , and the ruine of the blood of innocents which he may hinder , because he doth as it were take pleasure in the gladiatory sport , is by so much more criminous than the tyrant , as he who sets sword-players to fight , is guiltier than the man-slaying gladiator ; as much as hee who slayes a man for pleasure sake , is more criminous than he who doth it by constraint , or out of feare or necessity . if some oppose ; but it is a fault for any to intermeddle with , or thrust himselfe into anothers businesse : terentian chremes may answer ; i am a man , i thinke no humane thing strange unto me . if others ( that they may seeke lurking holes for their impiety ) object ; that there are distinct limits , distinct jurisdictions ; now it is not lawfull to thrust a sickle into anothers corne : neither truely do i advise , that by this pretence thou shouldest invade anothers territories , usurpe anothers jurisdiction to thy selfe , draw thy neighbours corne into thine owne floore , which most doe under this pretext . i doe not say , that by the example of that arbitrator , of whom cicero , thou thy selfe shouldest judge the thing controverted to thy selfe ; but rather that thou shouldest restraine a prince invading the kingdome of christ , containe a tyrant within his limits , stretch out an helping hand to an afflicted people , and a prostrated commonweale ; but thou must do it in such sort , that thou mayest not looke after thine owne profit , but the good of humane society altogether . for since justice wholly lookes abroad , injustice onely regards it selfe , thou shalt at last doe this justly , if thou shalt have no regard of thine owne profits . briefely , if a prince violently passeth over the fixed limits of piety and justice , a neighbour may piously and justly leape over his limits , not that he should invade anothers , but that he should bid him be content with his owne : yea , he shall be impious and unjust , if he neglect it . if a prince exercise tyranny over the people , he may no lesse , or lesse slackly assist them , than him , if the people should move sedition : yea , he ought to doe it the more readily , by how much it is more miserable , that many suffer , than one . if porsena reduce tarquin the proud to rome , much more justly may constantine , sent for by the people and senate of rome , expell maxentius the tyrant out of the city . finally , if a man may become a wolfe to a man , nothing truely forbids , but that a man may be a god to a man , as it is in the proverbe . therefore antiquity hath enrolled hercules among the number of the gods , because he punished and tamed procrustes , busyris , and other tyrants , ( the pests of mankinde , and monsters of the world ) in every place . so also the roman empire , as long as it stood free , was often called , the patrocinie against the robberies of tyrants , because the senate was the haven and refuge of kings , people , nations . so constantine sent for by the romans against maxentius the tyrant , had god the captaine of his army , whose expedition the universall church exalted with powerfull prayses ; when yet maxentius had the same authority in the west , as constantine in the east . likewise charles the great , undertooke a warre against the lombardes , being called by the nobles of italy to their aide , when as yet the kingdome of the lombards was long before established , and he could claime no right to himselfe over them . likewise , when charles the bald king of france , had by tyranny taken away the president of that country , which lyeth betweene seine and liger , duke lambert , and iamesius , and the other nobles of france had fled to lewis king of germany , charles his brother by another mother , to crave aide against charles and his mother iudith , a most wicked woman : he in a most ample assembly of the germane princes , heard these suppliants , by whose unanimous counsell , a warre was publickely decreed against charles , for to restore the exiles . finally , as there have beene some tyrants in every place , so likewise among all historians there are every where examples extant , of tyranny revenged , and people defended by neighbour princes ; which the princes now at this day ought to imitate , in curbing the tyrants both of bodies and soules of the republicke , and of the church of christ , unlesse they themselves will be named tyrants , by a most deserved right . and ( that we may at last conclude this treatise in one word ) piety commands the law of god to be observed , and the church to be defended justice , that tyrants and the subverters of law and the republike should be curbed ; charity , that the oppressed should be releeved , and have a helping hand extended . but those who take away these things , take away piety , justice , charity from among men , and desire them to be altogether extinguished . so he : if this then be an irrefragable verity , that forraine states and princes are so farre obliged to assist and relieve those of the same religion , and all others whose liberties , rights , priviledges , are forcibly invaded ( which our parliament and state by their assistance , of the netherlands and other protestant states , both in quaene elizabeths , king iames , and king charles his reigne , approved and justified both by words , acts of parliament , and reall performances ) then certainly those of the self-same church , nation , kingdom , and fellow subjects , under the self-same prince , betweene whom there is a farre nearer relation , much stricter obligation , and more strong ingagements , ought mutually to aide and assist each other to the uttermost of their abilities , when their religion , lawes , liberties , be violently invaded , their dearest native countrey wasted , sacked , plundered , burned , ruined , in a hostile warre-like manner , with open force of armes , either by the king himselfe , or a prevailing malignant popish faction , who have surreptitiously possessed themselves both of his person and affections which they have gotten into their owne over-ruling power . how much then it now concernes every reall protestant within this realme of england , and all other his majesties dominions to unite all their common forces together , unannimously to protect , defend , maintaine , and propagate our established reformed religion , fundamentall lawes , liberties , the very priviledges of parliaments , their estates , liberties , lives , the peace , welfare , and common good of their dearest native countrey , and our three united realmes against all popish malignant forces now in armes to invade , eclipse , impaire , subvert , sacke , ruine them ; and how monstrously , unnaturally , unchristianly , and detestably impious , treacherous , per●idious , all those english , irish , and scottish protestants proclaime themselves to the present and future age , who now trayterously joyne their forces with the malignant popish party , or prove uncordiall , false , treacherous , and perfidious to their religion , liberties , countrey , and the parliment ( who have not onely waged , imployed , but confided in them ) and contribute their uttermost endeavours to betray , enslave , undermine , and to sacke , burne , and totally overturne them ( as many we finde have done to their eternall infamy ) i here referre to every mans judgement and conscience seriously to determine . certainly such unnaturall monsters , such trayterous judasses , such execrable infamous apostates as these , can expect no other reall remuneration of this their treachery and perfidiousnesse , but the ruine of their credits , the detestation of their persons , memories ; the confiscation of their estates , the extirpation of their families , the execrations of all good men , the severest judgements of god , and utter confusion with horrors of conscience tormenting them constantly day and night , whiles they continue languishing under all these miseries here , and the sharpest torments , the very largest punishments , the hottest flames in hell for ever hereafter : and those antichristian papists who now are and have beene so faithfull , active , zealous , couragious , industrious , liberall , bountifull , if not prodigall to prosecute their owne interests , designes , to maintaine and propagate their false , erroneous , detestable religion , superstitions , idolatries , both in england and ireland with the effusion of their bloud , expence , and forfeiture of all their estates , and never yet deserted , or became treacherous to their false execrable cause or religion in the least degree , shall all joyntly rise up in judgement against them , both here and hereafter , to their sempiternall infamy , reproach , and most just condemnation . o consider this all yee who now so much forget , neglect , betray both your god , your christ , religion , lawes , liberties , countrey , parliament , yea your very selves , your soules , bodies , estates , posterities ; consider with your selves the bitter curse denounced by god himselfe against meroz , iudg. . . consider the fatall , dismall end of treacherous iud●s , matth. . . , . acts . . , . consider that dreadfull speech of our saviour christ , marke . . , , . whosoever will save his life shall lose it , but whosoever shall lose his life for my sake and the gospels shall save it . for what shall it profit a man if he shall gaine the whole world and lose his owne soule ? or what shall a man give in exchange for his soule ? whosoever therefore shall be ashamed of me and of my word , in this adulterous and sinfull generation ; of him also shall the sonne of man be ashamed when he commeth in the glory of his father , with the holy angels . * if we suffer with him , we shall also reigne with him ; if we deny him , he will also deny us : if we be but fearfull in the cause of christ , we shall be sure to have our part in the lake that burneth with fire and brimstone , rev. . . o what then will be our portion , if we be unzealous , negligent , perfidious , to it , or professed enemies ( especially in open armes ) against it , when it cries out to us for our necessary assistance every where ? if iesus christ will render tribulation to them which doe but trouble his people ; yea , and shall be very shortly revealed from heaven , with his mighty angels , in flaming fire , taking vengeance on all them that ( onely ) know not god , and that obey not the gospel of iesus christ , who shall be punished with everlasting destruction from the presence of the lord , and from the glory of his power , thes. . . to . o where shall all those ungodly sinners , rebels , and traytors appeare , who now every where murther , plunder , persecute , extirpare gods dearest saints ; and not onely refuse to owne , but even desert , betray the cause of god and their countrey ? who refuse not onely cordially to maintaine the very truth of god , the gospel of christ , which themselves in shew not onely pretend to know , but professe ; but also joyn with papists , and malignants openly to fight against , and totally to suppresse it ? certainly if judgement shall beginne at the house of god it selfe , as now it doth , and if the righteous who defend the cause of god and the kingdome shall scarcely be saved , what these mens dreadfull end , and judgement at last shall be , transcends my thoughts to conceive , my expressions to relate ; all i can say is this , it will be so superlatively miserable and grievous , that an eternity of incomprehensible torments will onely be able to demonstrate the infinity and execrablenesse of their sinne . o then let all of all sorts consider seriously of this , and all the premises , and the lord give them understanding and grace to keepe a good conscience , and discharge their severall trusts and bounden duties faithfully , cheerefully to their god , religion , king , countrey , and the parliament in all things , that so they may enjoy the honour , comfort , benefit , of all their faithfull endeavours to defend , promote , propagate our religion , lawes , liberties , and the publike welfare here ; and the crowne , the full guerdon of them hereafter ; and poore bleeding , dying england and ireland may now at last attaine that speedy , holy , lasting , honourable , blessed peace and unity , which all good men cordially pray for and endeavour ; which doubtlesse had beene easily effected long ere this , had we all beene faithfull , true , reall to the publike cause of god and our countrey in our severall places , and not faithlessely betrayed , but sincerely discharged the severall trusts reposed in us to the uttermost of our powers : the readiest meane to re-establish and perpetuate our pristine tranquillity : which i humbly beseech the god and prince of peace effectually to accomplish in his owne due season , before our whole three realmes become a desolate wildernesse , an accheldama , a golgatha , as many places of them are already , and more like to be , if the extraordinary mercy of our ever-gracious god , prevent not the mischievous long plotted conspiracies , malice , rage , treachery , of unnaturall , and deceitfull men . finis . this oath should have come in the appendix , page . line . . the oath of charles , king of navarre at his coronation , an. . recorded in the generall history of spaine , l. . p. . . vved . charles by the grace of god , king of navarre , &c. doe sweare unto our people of navarre upon the holy evangelists toucht by us , and to the prelates and rich men of the cities and good townes , and to all the people of navarre , for all your rights , lawes , customes , freedomes , liberties , and priviledges , that every one of them as they are , shall be maintained and kept to you and your successors , all the time of our life without corrupting them ; bettering , and not impairing them , in all , or in part : and that the violence and force which hath beene done to your predecessors , whom god pardon , and to you by vs , or our officers , we shall hereafter command it to cease , and satisfaction to be made according unto right as they shall be made manifest by good men of credit . after which the deputies of the state swore , in their owne names , and for all the realme ; faithfully to guard and defend the kings person , and their countrey ; and to aide him , to keepe , defend , and maintaine the lawes and customes , with all their power . errata , and omissions in some copies . part. . p. . l. . it , is , p. . l. . c. . p. . l. . private , publike , p. . l. other . pugnae . appendix p. . l. parallel , p. . l. . them , the people , l. & p. . l. . maximus , p. . l. . polieuctus , p. . l. . dele , in the , p. . l. . other , p. . l. retired , p. . l. . the hand , p. . l. . cara , lara , p. . l. . pacensis , p. . l. dele the , p. . l. . yeares , p. . l dele 〈◊〉 , l. . mariana , p. . l. . adde chron. . . and the inhabitants of jerusalem made aliaziah his youngest sonne king in his stead , l. . confirmed , p. . l. . not from it to , p. . l. . in some sence in private cases , p. . l. . pem , patu , p. . l. . cauarvius , p. . l. . received , renued , p. . l. . hotomani francogal . . vindiciae , p. . ● . . revocable , l. . historicall , l. . cuiacius , l. . usufrvctuary , l. dele the , p. . l. . to , doe , l. . dele to , l. . foundations , p. . l. . is an , p. . l. . caracalla , p. . l. . . secun . qu. p. . l. . in law , p. . l. . fealty to , p. . l. . adjuvante , l. . rapacitates , p. l. . if , it . p. . l. . preserve , l. . and. l. . goods , p. . l. . . forcibly resist , p. . l. . so , to , p. . l. . . p. . l. . converseth , p. . l. . lesse . in the marg● . p. . l. . daubeny , p. . l. . leges , l. . aimoin . l. . iure , p. . l. . . p. . l. . a●nales , gil. p. . l. . rex . part . p. . l . third . read , second , p. . l. . through , p. . l. . l. . p. . l. . britanniae , l. . privatave , p. . l. . reputing them , p. . l. ▪ responsum , p. . l. . duardus , p. . l. . raynerius l. . albericus . part . p. . l. . perfidum . part . p. . l. . naturall , nationall . notes, typically marginal, from the original text notes for div a -e pet . , , . exod. . . rom , . . see romes masterpeece isay . . isay . . zach. . notes for div a -e * psal. . , , . * isa. . , * micah . , . isay . . joel . . * apud ambros. epist. l ▪ . ep. . tom. . p. . * jer. . . notes for div a -e * dated . ianu. . . and febr. . . * note this . a who confesseth & justifieth it , in his speech in star-chamber , iune . . b see the parliaments late declaration . c see king iames his apology against bellarmin , laurentius byerlink , opus chro. p. . deus & rex . the lord william howards sonnes la●e booke in defence of papists taking the oath of allegiance . * iac. c. . d see dr. iones his book of examinations . e dedicated to king iames , printed at london . e dedicated to king iames , and printed at london . f in his sermon there , mar. . . p. . . g see plaine english. object . crimination . . object . . answ. h the observations , a ●uller answer to dr. ferne , with others . the remonstrance of the lords and commons , novem. . . * eliz. ch . . answ. i rex habet superiorem , deum , &c. item legem per quam factus est rex . item curiam suam : viz. comites , & barones , quia comites dicuntur quasi s●cii regis , & qui habet socium habet magistrum : et ideo si rex fuerit sine fraeno , i. sine lege , debentei fraenvm imponere , &c. k fox acts & mon. edi. vol. , p. , . aeneas sylvius de gestis concilii basiliensis , & surius conci . tom. . * lib. . l surius , concil . to● . . p. . &c and aeneas sylvius hist. concil . basiliensis . m spe. hist. p. , , . mat. west . ann● . , &c. see hunt. hist. l. . p. pol. l. . c. . fab. p. . dan p. . h●l . graft . vin. speed hist , l c. . & others . n spee . hist. p. , huntin . & mat. west . an. . hol. graf . in his life . o spee . hist. p. , . hunt. & mat. west . an . see holin . graft . & others n matth. west . an. . p. o matth. west . an. . speed hist , p. . p mat. west . hunt. poly. fab. holin . graf . an. ● . q fabian , part . c. . . . p. . . with matth , westin . huntingdon , polychronicon , geoffry mommoth , hollinsh . graf●on , speed , and others in his life . r fabian , part . c. . p. . geoffry mommoth , huntingdon , matthew westm. polychron , hollinsh . grafton , speed , in his life . s matth. paris , hist. angl. p. . to . speed , p. . &c. hollinshead grafton , stow , daniel , walsingham . t walsingham , hist. angl. p. . &c. fabian , part . . p. . polychron . l. ult . c. . hollinshead , grafton , & speed , p. to . u walsingham hol. fab. speed , p. . to . x speed , p. . . . . hollinsh . polychronicon , fabian , grafton , hall , stow , cax●on in their lives . y speed p. ▪ , ▪ . to . . . . ▪ . , . , , , , . . see matthew paris , matth. west . malmsbu . hunt. eadmerus fabian , walsing . caxton , polych . polydor , virgil. hall , graf●on , stow , how , hol. hayward , martin , daniel , and sir rich. baker in their severall lives of these king● . z mat. paris hist. p. . to . daniel , p. , , . a matth. paris p . daniel p. . b matth. paris p. . . daniel . p. . . c matth. paris p. . . . . . see matth. west . polychronicon , fabian , holling ▪ graf●on , dan. p. . . d matth. paris , p. . . dan. p. . . e walsingh . hist p. . see fabian , hollinshead , graft ▪ speed , daniel , in . & . e. . f walsingham , hist. p. . , , . exilium hugonis le despenser , in magn● charta . part . . f. . to . see hollin . fabian , speed , grafton , daniel , in . & . e. . g hist. p. . . ypodigm . neustr. p. . . h in cambd. britan. the last english edition p. . i grafton , trysse● . h●l●inshead , speed , walshingham , in & ▪ & . . k walsin . fab. holinsh. speed , hall , graf . trussel , how 's , in r. . & h. . fox acts and mon. vol. . edit . ult . p. , l hornes myrrour of iustices , c. . sect . . p. . cookes instit. on lit. f. . and . report in the preface , spelm. concil . tom. ● . p. . m surius tom . . concil . p. . n surius tom . . p. . o surius tom . . p. . , . . tom : , p. . , . . . , , . . , . . . . gratian , distirct . . luo carnot . decret . pars . c. , , , spel. concil . tom . . p. . p surius tom . . p. . ● . , , q surius tom . . p. . r see h. spel. cencil . tom . , p. . sigibert , an. . eadm . hist. nonor . l. . p. . con. tole . . and others aquisgra . conc. sub ludovico pio. s commonw . l. . c. . t hieronymus blanca aragonensium rerum comment . p. &c. , . , . u nichol. isth. de rebus vng. hist. l. . f. . * arago rerum comment . p. . * andrew favine his theatre of honour . l. . c. . p. . . x see orimston , aventinus , naucl. munster , sabelli . vsperg . otho frisingen . herm. schedel , anton. opinco● . mat. par. mat. west . walsing . & others in their lives and histories . y see their articles made at their general assembly at kilkenny z mat. paris , an . . p. . &c. speed hist. p. . to , daniel p. , . * who now give the king no such good advice * note . the parliaments present case . * speed lbid . * walsing . hist. p. . . & ypod. neust. p. . a mat. pa. an. , . p. to . 〈◊〉 matth. west . & walsingh . ypod. neust an. . fabian , caxton , hollin . grafton , daniel in the life of k. john & hen. . speed , hist p. . to . b matth. par. p . sp. hol. accordingly . c matth. per. an. . p. . , . mat. westmin . . walsingh . ypod. neustr. p. . sp. p . hol. grafton , daniel , polychron . d matth. par. p. , . speed , p. . e histor. angliae , p. . f walsingh . ypod. neust. an. , . hist. ang. p. . . s. p. . &c. with hol. stow , grafton , how , daniel , & others . fox . act. & mon. vol. . ed ult . p. so , . * note the credit of princes regal promises and protestations . g totles magna charta , part . . f. . to . h walsin . hist. p. . to . ypod. neust. p. . to . speeds hist. p. . to . see fabian , hollin . graf . thomas de la more , higden , caxt●n , daniel , in his life . h part. f. . i walsingham hist ang. p. to ypodig . neustr. p. . to . speed. hist. ● p . to hollinsh . grafton , stow , fabian , caxton , trussell , and others . * note this . * note the perill and policy of protracting . * graft . p , . , . * nota. the king should be present in parliament once in forty dayes . * walsing . ypod. neust. p. , . grafton p. , . k r. . c. ● r. . c. , , , , . r. . ● . , . . l see the records of this parliament published by order of both houses , aug. . . m graf . p. &c. mr. saint iohns speech , . p. . h. . no. . . n as the cavaliers do now . o r. c. p r. . c. . . h . c. . walsin . hist. ang. an. . p. . grafton , & holinshe● . * graft . p. , . &c. trussel . p. , . * note . * such a kind of proviso was endevoured to be added to the petition of right , caroli . q h c. . . , r walsin ▪ hist. angl. p. . . ypodig p. . . pol. l. . c. . caxton p. hal. chr. par . . f hol. p. . speed , p. . martin fab graft . and others fox acts & mon. vol. . p. , , . trussell . p. . s spee . p. hunting lib . t walsing , hist. angl. p. . to . speed p. . &c. . &c. u speed p. to . , to . see hall. g●aft . hollinsh . howes , martin . in the lives of h. . ed. . and q. eliz. x walsin . hist. ang. p. , , , ● , , . ypodig●a ●●●st p. , , , , co●kes magna cha●● p. to ● . y articuli super chartas . a surius concil . tom. ● p. . &c. fox acts & monu . vol. . edit . ult . p &c. * iohn white his way , &c. sect . n. . p. . b see r. c. . c cooke . rep. f. . in the epistle ▪ e ▪ . c. . e. . c . d e. . stat. . ● e. . c. . answ. . the parliament and king●dome proved to be above the king. e see cromptons jurisdiction of courts tit. parliam . brooke tit. par● . h●lm . descript. of eng. c. . p. . chro. of ireland , p. . to . sir tho. smith commonweal . of engl. l. . c. , , . cowel & minsh . tit. par. cam. b●i . p. f rex in justitia reci pienda minimo de regn● suo comparatur : minimus ▪ esse debet vel quasi in judicio suscipiendo , bracton , l , , c. . f. . b. & l. . c. . f. . g li. . c. . ▪ h cap. . to i speech in parliam . k in his laws in fox acts & mon. edit . vol. . p. . l polit. l. . c. , , . m h. . . br. parlia . . ash. tab . , . m see ▪ eliz. c. . ras●all 〈◊〉 . s●wer ●or commissioners ras●al . tit. iust● . &c. n qui●quid efficie tale est magis tale & nam● potest da●e quod non labe● : are true in this case . o see alex. ab alexan●●o , l. . c. . ●acile pe●sp●e● po●est & 〈…〉 esse g●uera , nec cande●● 〈◊〉 ii formas● in ●mnibu● esse regilbus regalis potentiae genera numero sunt qua●u●r . arist . pol●● . l. . c. , . see dan. c. . & . p see mat. pa. spee . hol. graf . and others ▪ q livie hist. rom. l. ● . ar●ist . polit. l. . c. . goodwins rom. an●iq . r pet. . . . alex. ab alexandro . gen. die . l. . c. . l. . c. . s polit. l. . c. p. , . t ●b . l. . c. . p. . u de offic●●s , l. ● . c●elius rhodi . anti● lect. l. . c. . alex. ab alexandro gen. die●●● l ▪ . c. l●●iel est . rom. l. . sect. . p. , . & l. . p. , . plutar●l● numa pompilius . * so iacol●●s carbinellus & others 〈◊〉 him ▪ * see p. . . x lab. i. c. f lib. . c. . f. . y hujus●odi leges anglicanae own fuerint app●●batae . & sacramento regis confirmatae muta●i non pote●●nt &c. idem . i. . c. . f. . b. z gal. . , . a luk. . , , . b br●ct . lib. . c. . f. ▪ i. . . f. . i. . c. . f. , c comites , viz. quia a comita●● sive a societa●e nomen sumpserunt , qui etiam dici possunt co●sules a consulendo ; reges ●uim tales sibi associant ad c●usulendum & regendum p●pulum dei , ordinantes cos in magna potestate , ●enore & nomine &c. idem i. . c. f. , . d fortes● . de laud. legum angl c. . * this he writes to our king henry the . to whom he directs his booke . f ●ap . . vol. . p. . * see bodin l. , c . l. . c. . eu●ropius & grimston in the life of nero , maximinus , heliogabalus , and others . g see the arguments against ship●money , & impositions , & the declarations against the commission of array . h resolving of conscience sect. , . i see ioshua , iudges , saumel , kings chro. dan. throughou● . isa. ierem. ezek. in sundry chap. k see sleidan de . or imperiis mat. west . livyn iustin , opmerus , purchas , chroni . chronicarum ; & all generall hist. l polit. l , , , , , plato de republica , bod. common-weale . the repub. of sundry nations polyb. hist. l. . m rom , . to . . pet . , sam. . . nehe. . . psa. . , . chro . . cor. . , . estn. . . arist. pol. l. , . coelius rhodig l. . c. . bra. l. . c , . f. . n augustinus de gest is 〈◊〉 emerita donatist . epis tom par . p. . o at the end of the petition of right , caroli . p see europius , sabellicus , grimston , speed & others of his life . q speeds history p. . r see br. tit. corporations . s see the fullet answer to dr. ferne , p. , . t quod eorum qui rempublicā gerunt majori parti placuerit , id est ratum ac firmum , arist. polit. l. . c. . l. . c. . l. . c. . u br. corpora . . . h. c. . x h. . f. . b. y major pars est totum , brooks corporati . . smiths commonwea . of engl. l. . c. . * see the manner of holding parliaments in england : newly printed at london , . & dyer f. . a , br. parl. . object . answ. a see their messages & petitions to the king to this purpose . b see cambd. brit. p. . which stiles the parliament the kings presence the register of writs . old & new natura brevium old & new book of entries . cooks instit. on lit f. . . c king. . & chron. . d grafton , p. , , . * see mi●shes dictionary . lit . parliam . f . * note this . r in h●linsh chron. of ireland f. , . d 〈◊〉 iurisdiction of cou●s , f. . h. , . . h. ● h. ● . . parliament , h. . . adjudged accordingly , b● prerogative . e see stamford f. . . e. . . coro . . * sec r. . c . f dyer f. . n. bract. parli . . crompt . iurisd . f. . a. g luk. . matth. . . mat. . , . h see bishop tewels defence ef the apologie , p . c. . divis. . bishop bilsons true difference of christian subjection , and unchristian rebel . part . p. , , . bishop pilkington of the burning of pauls steeple . keilway , f , , ● . cro●p . iurisd . of courts , f. , . f. . f. . stamf. pleas , l. . . f. . br. coron . antiq . eccles. brit. p. , . sp. p. i mary . hist. p. . to . iohn vowels chronicle of ireland p. , , * e. . stat . . de provisionibus . e. . c. . e. . c . . e. . stat . . c. . . r . c. . r. . c. . . r. . preface & ● . . . e. . c. . e. . stat . . preface . see h. . c. . h. . stat . of leape yeare , h stat of marlbridge . . e. i de big . prolog . & . c. . e. . stat . de gloster . preface e. . acton burnel . e. . ● . de malefact . in part . e. . eschetors , e. i. quo warrante , e. . artic. cleri . pref. i sam. , . sam. . . chron. . . isa. . rom. , . pet. , . k arist. polit. l. , & . plato : agesilaus . xenophon de instit. cyri. hist. coelius rhodig . antiq. lect. l. . c. . bodin de republica . osorius de rege & regum instit. l the preambles of all ancient statutes , bracton l. . c. . l. . c. . fleta l. . c. . . fortescue c. . to . m cor. . . . n gen. . . to . c. . , , . psal. . , , . o ephes. . . col. . , . p gen. . . c. . . cor. . , . ephes . . , . pet. . . . & . . q see eutrop. grimsi . & other in his life . * salamonius de principatu l. . p. . . see codicis l. . tit. . . cordi nobis est , p. c. semper nostri animi curas rebus communibus avidissime impendere , &c. * de principatu l. . p. . * generall hist. of fran. p. * sam. . . r crompt . lurisd . of cour. f. . &c. bract. l. . c. . h. . . a , . b. h. . c. . dyer . a cookes instit. on lit. f. , s sir thomas smith , of the commonweal . of england , l. . c. , . holi . descrip. of engl. c. . p. . cam. brit. p. . io. vowels order & vsage how to keep a parliament . in holin . chron. of ireland , p. , to . minsh . dictionary tit. parliament . t fortescue , c. to . bract. l. , c . l. . c. . fleta l. . c. . . brook. pate . , , , , , , , & prerogative , , . commissi . , . see iudge crooks , & iudge huttons argume . against shipmoney , petition of right , carol. br. pari. . u of the commonw . l. . c. p. . x l. . c. . f. a. & l. . c. f. . b. & fleta l. . c. . walsing . hest. p. , , . y see sir thomas smiths common-wealth of england : l. . c. , , . 〈◊〉 description of england , c. . p. . & chronicles of ireland , p. , . m. hackwels manner of passing bils , sect. . p. . brock parliament . h. . c. . h. . c. . cromptons iurisdiction f. b. br. parliament , , , . z h. . . h. . . h. . h. . . br. parlia . . . . crompt . iurisd . f. . a. bro. antient demesne , . h. . . a , h. . c. . * se● . . , , . h. . * de principatu l. p. , . & p. , to . a cooke . calvins case , h. . b. dyer , . br , parliament , . b l●vie hist. l. & . bod ●n commonwealth , l. . c. . c fitz. assise , . avowry pres●●rip . . br. custome . co. rep. f. , , . kitchin , . . d sect ● iac. c. e h. . . br. parli . . mr. hackwel , of passing bils , crom. ●uris . f. . chron. of ireland f. to . y cromp. iuris . of courts , f. . & at the end of the manner of holding parliaments in england z see r s t u before . * iustinian cod. l. . tit. . lex . a hackwels passing of bils , sect . p. . b see ras●all tax . & tenths the acts of subsidies , iac. & this present parliament . 〈◊〉 . p. . * see part p. , . c see e. c. . e. . , e. . , . br. charters de pardon , . eliz. c. d see the republicke of those states , & bodin , l. c. . l. , c. , , & . e arist. polit. l. , , , , . godwins roman antiquities . f de principatu l. . p. , . g de principatu l. , , , , , . passim . * iustin. codicis l. . tit. lex . d the true difference , &c. part . p. . * hieron . blan●a rer. arag . com. p. , . e fox act. & monu . vol. . p. . spee . hist. p. . * mat. west . an. . p. . dan. p. . see speed & holin . e. . f see nubrig . spee . hol. mat. west . & others in the lives of r. . h. , , , , , , , . ed. , , , . g walsing hist. angl an. . p. . spee p. . graft . p. , , . fab p. , hall f. to . hoved. annalpars posterior . p. , , , . h acts & mon. old edit p. . see hol. speed , graft . in their lives . i see hoveden annal. pars posterior , p. , , , . n fox act & mon. edit . . vol. . p. . & lambards archaion , leges edwardi c. . bishop bilson , par . p. . o vol. . p. * in the life of william the first . * hist. p. , . * see huntindon hist. l. . p. . mat. par. hist p. . a mat. westm. an. . eadmerus hist. l. . p. , , matth. paris hist. p. , . speed , hist. p. . graft p. , . malmsb. l. . p , . b mat. par. p. , , eadmerus hist. l. . p. . w. malms . l. . p. h. hunt. l. . p. roger hoveden , annal pars . p. . polych l. c. . fab. par . . c. . p. . graft . p. sp. p. , . c mat. par. hi. p. . malm. novellae hist. l. . p. , , hen. hunt. l. . p. , . hove . p. , . ma. west . an. . p. . sp●p . . graf . p. , . d assensu . cleri & populi in regem angliae electus , malm. p. . * see speed p. , . e hoveden p. . graf . p. . f mat. par. p. . hoved. p. . walsi . tpodig . neustr. an. . p. , . speed p. . g hoveden p. mat. par. p , . sp. p. , . . see poly. virg. hol. dan. p. , . * astrange archie piscopal doctrine . * see before p. , . mat. par. p. , to . worthy reading & consideration h fox acts & mon. edi● . ult v. . p● . speed p. . i mat. par. p. , . k in his edition tigu p . , , , . l hist. aug. p. , m lib. . c. . f. . p mag. char. printed cum privilegio london . part . f. , iuramentum regis quando coronatur remonstrance , nov. . p. . to . q see the parliaments remonstrance of the of may , p . his majejesties answer thereto , p. , . & the parliaments reply , nov. . p. . to . * judge huttons argument against ship-money , p. . determines so . r pag. , . * hist. angliae , r. . p. . s pag. . t cooke . report . f. , . calvins case , marsil . patavinus defen . pacis pars , . ● . ● * littleton , sect . , . & cookes instit. ibid. f. , , . * littleton , sect . , . & cookes instit. ibid. f. , , . v baldus proaem de feud . n. . dr. crakenth . defence of constantine , p. . to : grimst . imperiall hist. p. . * see fortescue , c. , to . iohan. mar. de rege & regis instit. l. . c. , , . * pag. , , . polydo● virgil. hist. angl. l. . sir thomas de la more . gra●ton , p. , . * walsingham , hist. ang. p. , , : ipodigma , neushia : p : , : polychron , l. . ch . . speed , p. , . daniel , p. , . holinshed , cayton , stow , and others in his life : * walsingham hist. ang p . . . ypodigma p . halls chron. . ● . . s. . to . fabianpa●t . p. . to . grafton p. . to . speed. p. . . . . trussel p. . to . holinshed , stow , heywood , and others . fox acts and mon. vol . p. . * herep. . . * fabian part . p. . . . * see ma● . west . ie●ory monm . polych . fab. grafton holin . speed , in his life . y eccles . . z matth. par. p. , , graft . p. . . bishop bilson . part . . p. . see chro. . & . * see plutarchi , iulius caesar , eutropius , zonaras , grimston , and others in his life . a seneca de clementia , l. . b polit. l. . c. , . p. , . see polybius , hist. l. . c deut. . , . see prov. . . c. . . c. . . . c. . . d lib. . c. . f. . & ●leta l. . c. . * id est , sola . * see leges edwardi confessoris cap. . in lam●bards archaion . f. . accordingly . * iustinian . codit . l. . tit. . cap. . e see p. . . & the authors there quoted . bishop ●ewels view of a seditious bull , and of the popes supremacy . cassanaeus cata. gloriae mundi , part . . f see iohn writes way sect . . n. . , . p. . . . surius tom. . & . g fox act & monuments , vol. . p. . . . to . . h see iohn writes way sect . . n. . p. . & n. , . p. , . * see p. . i psal. . , . ex. . . john . . k rom. . , , , . l pro. . . m hoveden p. , . , , with speed , holinshed , grafton , stow , matthew paris , polychrenicon , fabian . n walsingh . speed , holinish . fabian , in edw. . froyssards chron. part . . c. . . o walsingham holynsh ▪ speed , grafton , stow , in r. . c. . , . froysards chro. part . . c. p hall. stow , speed , holynsh . grafton , fox . in h. . q hall. holin . grafton , stow , in h. . r fox , speed , holinshed , stow , grafton in ed. s see fox , hall , speed , holinshed , grafton , in his life , h. . c ▪ . & . h. . c. . * rotulo parlia . ed. . n ● . , , , , , , , . rotulo parliamenti , r. . rotulo parliamenti , an. & r. . rotulo parliam . h. . & h. ex rotulo & act . conc. anno ▪ h. . rotulo parliamenti , ano. h. . & h. . ex rot. parl and ano. e. . ex libro ordinationum , ano. e . ano. e . ex liber dict . au●a regis . ex rot. parl. & h. . & . r. . ex rot. parl. ao. & . h. . rotulo parliam . ao. r. . ao. . . h. ▪ n. . h. . rot. parliamenti . rotulo parliamenti , ao. h. . n. . & h. . marked . ex rot. parl. h. . ex rotulo parliamenti , h. . t matth. paris p. , , , . t speed p. . grafton , p. , , , , , , . t the severall acts for subsidies and r●stal warre , truce , armes , money , mint , musters , taxes , tonriage , & poundage . the parliaments two remonstrances concerning the mi●it●a , cooks ins●it . on artic. super chartas . . to . * see mat. par. p. . legimus quod multi alii reges , imo & reguli , usque ad mortem dimicaru●● , &c. * see iohannis mariana de rege & regis ins●it . l. : c. . marius salamonius de principatu . l. , , , . fortescue , c. . to . aristot polit. l. . c. , , . l. . c. , . hugo grotius , de iure belli , l. c. . sect . . p. ▪ . * in melch. goldasti monarchia , tom. . p. . x see sir thomas smiths common wealth , l. . c. . . holinsheds description of england , c. . p. . and chronicles of ireland , p. . to . cromptons iurisdiction . y h. . ▪ br. parliament . . . error , . . see ash. error , , , , * see . e. . . error . hen. . , . z r. . cap. . to . hen. . cap. , , . hen. ● . , . see martae c. . ● elez. cap. , , . iac c. . and all acts for rest● tution in blood of persons attainted , and acts of repealing statu●es , bracton . lib. . cap. . a see ashes tables , error , , , , , . b bodin , l. . c. . summa angelica , & rosella tit. appellatio . lindwo●d , lib. . de appellationibus , f●x acts and monuments , vol. . p. , . . . . h. . c. . all papists and protestants , in their controversies of the popes supremacy , & of general councels c see grafton p. , . . matthew paris , p. . fox old edition , p. . d see hoveden , p. , e matthew paris , p. . , . f matthew paris , p. . . . . , . grafton , p. , speed , p. , . . . andrew favine theater of honour , l. . c. . g walsingham hist. p. . speed , p. . * see andrew favine his theater of honour , l. . c. . fabian , the generall history of france , with others in the appendix . * censura dua●di nonii , in iosephi teixerae libellum , c. . to . & de vera regum portugal . genealogia , c. . . * munsteri cosinogr . l. . c. , . ioan. mariana de rege & regis instit. l. . c. . . . michael ritius de regilus hispaniae and others . i pag. . * see matthew westm. fabian . grafton , holin . * polychron . l. c. . speed , p. . see grafton and holinshed accordingly . * matthew westminster & malmesbury , anno . holinshed , l. . c. p. . speed , p. . huntingdon , walsingham . anno . . * huntingdon , l. . polychron . l. . c. . speed. p. . matthew westmin . anno. p. . k hoveden , huntingdon , matthew westm. matthew paris , walsingham , polychronicon , fa●ian , an. . speed p. . see holinshed , grafton , stow , anno . l walsingham , ypod , an. matthew westm. an. . p. . mat●hew paris , p. , speed p . hoveden , p . huntingdon , hist. l. . p. . fox . vol. . p. . m . e. par. . in the statuts at large * cooke l. . the princes ca●e . * . h. . c. hals chronicle , . h. . f. . . fabian . part . . p. speed p. . * fabian , part . p. . n hall , anno . & h. . f. . to . f●bi●n , anno . p. . grafton . p. . to . holinshed , stow , howes , anno . . o historia angliae p. . parliamentum fuit convocatum in quo parliamento ex assensuomnium statuum , idem dux , defensor seu protector angliae fuerat nominatus & ordinatus , omniaque regni officia & beneficia ejus disposition● sunt commissa . p see grafton p. , . speed p. . . . . e. . c. . . e . c. . q speeds hist. p. . r hals chro. h. . f. . s grafton p. . t sp. p. . u h. . c. h. . c. . h. . c. . h . c. . see hall. x mar. c. . & parliament . c. . . . eli. c. eliz. c. . * see cooks institut . liulet . f. , . * h. . c. . * h. . c. . h. . c. . y iac. c. . z mariae , parl. . c. . a h . c. , . h. c. , . h. . c. . h. . c. p. . h. . c. , , . h. . c. , . h. . c. . & h. c. , . h. c. , . eli. c. e. . c. , ma. c. . & parl. . c. . . el. c. . b walsingham hist. angl. h. p. . speed p. . h. . c. , . . e. . c. . hals chron. h. . c hist. angl. p. to . to , . to . see holin . grafton , stow , & speed in the life of edw. the f●rst . ypodig . neust. p. to . d iac. ● . e h. . c. . * blondus decad . . l. . regin l. . an. . bishop bilson of christian subjection , &c. par . . p. . * zona . annal. tom. . f. . grimstons imperiall hist. p. * censu . in ioseph . tei . libel . c. . in ioan. pisterius hispan . illust . tam. tom . . p. . * i●●d ca. . p. . * see marius salamonius de principatu , l. , , p. , , , , , . * see fitz. ash. tab. tit. escheat * eccles. . . * see leges edwardi confes. c. . bra. l. . c. . * see par. . p. to . * de iure belli l. . c. . f the true difference betweene christian ●ubjection & unchristian rebellion , par● . . p. . to . g see the generall history of france in his life , sabellicus ennead . . l. . p. . nauclerus vol. . gen. ● blondus , decad. . l. . aventinus , l. . p. , to . gaguinus l. . in car. mart. herman . schedel , chron. aetas . f. . godfredus vi●t●rbiensis chro. pars . col . regino l. . an. . h. mutius , germ. chr. l. . grimstons imperiall history p . e●●gri●● eccl. hist. l. . c. . zonaras annal. tom. f. . . eutropiu● l. . p. . * nota. grimstons imperiall history p. , . sententia exaucterationis & depositionis wences●ai , an. . in germ. hist. tom. . p. . . iean . crespin . l●estate de lesglise p. . aventine l. ● . f. . fr●st g. . . c. . naucl. vol. . gen. . * speeds hist. p. . . . , see matthew west . polychr . floren. wigo● . holinshed , huntindon , and others . * gauf . edu● mo●u . l . c. . graf●●n p. . grafton l. . . * matth. paris . p. . * e. . n. . . * matthew west . ch● . . p. to . walsing . ypodig p. matthew paris . p. . here part . . p. . * con●r . l. . contr . . * holinshed p. . cromptons iurisdict . of courts f. . object . f eliz c. . g lib. . c. . f. , . l. . c. . f. . h l. . c. . . i ed. . . corone . . e. . g. b dyer , . a. stamso . . a. k e. . b. l bracto● l. . answ. c. . f. . a. fletal . . c. . m pare●●u●em habere non debet , nec multo fortius superiorem , maxime in justitia exhibenda , licet in justitia recipi●●●● , minime de regno suo comp●●etur , lib. . c. . f . a. n see bodius common-wealth . l. . c. . p. . the like of the parliaments in france . o see madus renendi parliamentum camb. brit. pag ▪ . crompt . iuris . of courts , f. . to . sir tho. smiths common-wealth . l. . c. . . hol. descrip. of england c. ▪ cowel & minsh . tit. parl. mr. hack manner of passing bils , sect . . p commonw . l. . c . l. . c. . q see p. . ● . r see gratian causa . qu. . where he quotes august . hier. & ●fiedor . to this purpose . * resolving of conscience , sect . , , . an appeal to thy conscience , and others . * commonwealth l. . c. . f resolution of conscience , sect , , . &c. and revindication of psalm . . printed at cambridge , . t h. . . b. h. c h. . c. . h. . c. . cook● . institutes on mag. charta , f. . ed. . parl. . u h. . c. . lac . c. . dr. & student , . a. a gra● part . p. , . galfredus , momun , fabian , polycha . and others . b pag . to . c bracton l. . glan . . . f. . myrror , c sect . . britton . c. . f. . c. . f. . e. c. . see rastal , broke , stamf. crompt . dalton , in their titles and chapters of treason . e walsingham holin . graf . sto. speed , martyn fab. polychro . in r ▪ . & r. . c. , . r. . c. . f see the particulars more at large in r c. . grafton , p. . iohn trussels , r. . p. , . walsingham and holinshed●in . & r. . g see h. . c. . and here p. . h speed p i hist. p. . k lib. . sect stamf. l c. . f. . b. and cromptons , jurisdict . f. . l instit. l. ult . t it . m tit. . n cice●o orat. in catil . o li● . hist. i. sect . . * john . , , . & . & . . * rev. . . & . . * psal. . , . * an exact 〈◊〉 loction , see p. . * iac. c. l , , , and in his proclamations for apprehending those traitors . the proceeding against traitors , spe●d hist p to . * par. . p . * see walsi●gh . holinsh. fabian , grafton , stow , sp●ed , in . & . r. . r. . c. . * see here p. . * see rastals a bridgment , ●it purveyors . * part . p. . * fabian , part . . p. . . hals chron. . h . f. gr●fton , p. walsinghom , hist. p. . . * hist. p. . . speed p. . * exilium h●●●gonis le lespersor , f. . p see the rela●ion of the 〈◊〉 of cicester * fitz● corone . . . . . stamford f. , , . h. . . h. . c. ▪ cooke l. . f. . . . q ver● a comitiis in tempestive discedere id quidem d●ceb●nt , regi nefas fuisse ; neque tant●m jacturam fact●m iuris aeque sustinendam ▪ hieron . blanca . rerum arag . cōment . p ▪ . notes for div a -e * doct●m g●nu● indoctissimorum hominum , vix ad doroberniam usque docti . erasmus . * hos●● . . ▪ * cari sunt parentes , cari liberi , propinqui , familiares ; sed omnes omnium caritates patria una complexa est ; pro qua quisbonus dubitet mortem oppetere , si ei ●it profuturus ? quo est detestabilior illotum , immanitas , quilacerant omni scelere patriam , & in eafunditus delenda occupati & sunt , & fuerunt , cicero de officiis l. . p. . notes for div a -e object . . a see all his majesties declarations and proclamations concerning the militia , commission of array , hull , the complaint against the parliament . answ. b see the parliaments remonstrances , & declarations touching all these particulars , specially nov . . c see d. iones his booke of examinations , printed by the houses order . d sam. . . . c. . . 〈◊〉 . sam. . c. . . c. . . c. . , . e poli. l. . & . f hist. l. . g de offic ▪ l. . h de dignitate regum hispaniae . c. . i see munsters c●sino . l. . c. , , . l. . c. k see grimstons impe . hist. 〈…〉 . volater . polyb. hist. l. . l 〈…〉 m 〈…〉 * 〈…〉 n a●chaion p. . * ed. . c. . e. . fitz. execution . h. . . a. h. . . cook● institutes on mag. char. f , . e. . c. . o cooke ibid. p. , . p cooke ibid. no. nat. bre. . register part . , e. . c. . stamford l. . f. . q h. . c. h. . c. . * instit. on mag. charta . f. , . * grafton p. r mat. westm. anno ● . p. , . fabi. part p. . grafton p. . speed p. . * ma● . west hist ibid. * see c●oks instit . on mag. cha. f. . s speeds hist. p. to . see walsing ▪ fab. holin . holl , stow graft . in his life anno & . t walsing . hist. an●l . an. p. . see holin . speed ▪ p. . grafton , fabian . u grafton , p. . , . x matth. paris , anno. . p. , , . see daniel . p. . . * pa. , . * matth. paris , anno . p. , , , . &c. dani. p. . y matth. paris , an. . dan. p. . * nota. z mat. paris , an. . p. , . . dan. p. . a walsing . an. . hist. ang. p. . b walsin . hist. angl. p. , . &c. ypodigma . neustriae anno. . p. . to . c mat. paris , an. . p. . * walsing●am , hist. p. , , &c. * walsingham , his● . p. . d grafton , p. , . spe. p. . e l . rom. hist. dec. , . l. dec. . l. . dec. . l. . d. . f hist. l. . g imperiall hist. pass●● . h numa pompilius . i common-wealth , l. . c. p. , , . * bodin . i● & l. . c. . k bodins commonweale l. . c. . p. to . l rerum stoticarum . l. . p. . & l. . p. . m r. . c. . see rastall , taxes , &c. . e. . stat . n abridgement of stat. o e. . c. . e. . c. . e. . c. . h. . c. . h . c. . h. . c. , . r. . c. . h. . c. . . & e. . c. . , & . phil. & mar. c. . eliz. c. . littleton chapter of escuage ; & cooks institutes on it f. . to . fit. nat. bre. f. , . , h. . fitz. ten●●res , . . the acts for pressing mariners , this parliament h. . c. . h. . c. . p h. . c. . h. . c. . h. . c. h. . c. . . & c. . h. . c. . q h. . c. . h. . c. . e. . c. . h. . c. . fitz. brooke tit. protection , e. . c. , , h. . c. . h. . c. . h. . c. . r h. . c. . h. . c. . r. . c. . r. . stat. . c. . s . r. . c. . e. . c. . t r. . c. . . c. . r. . c. , r. . c. . stat. . h. . c , . h. . c. . e. . c. . . h. . c. . , . h . c. . h. . c. . . h. . c. . e. . c. . h. . c. . h. . c. . h. . c. . u r. . c. . see spelmans gl●ss . admiral . cookes instit. on littleion , . h. . c. . . e. . c. . h. ● . c. . eliz. c. . x r. . c. . h. c. , . h. . c. . h. . c. . e. . c. . phil. & mary , c. . eliz. ●●dyer . cooke . r. f. . ●● y eliz. c. eliz. c. . eliz. c. . z ▪ r. . c. . r. . c. . h. . c. . a h. . c. . , , , , . h. , c. , . h. c. . h. . c. , . iac. c. . r. c. . r. ▪ c. . h. . c. . h. . c. . b e. . c. . c h. . c. . h. . c. . h. . c. , ▪ h. c. . e. . c. ▪ * r. . c. . h. . c. . h. c. . h. . c. . h . c , h. . c , . e. . c. . e. . c. . * se● r. . c . e. ▪ c. h. . c. . h. . c. . e. . c. d polyb. hist. l. . eutropius , munster , grimston , zonaras in the roman emperours lives , seldens tit. of honor. e arist. polit. l. . & . sam. , . . f common-wealth l. . c g walsingham hist. ang. p. spe. hist. p. , . h grafi . p. halls chron. h. . f. . sp. . holinshed , s●ow , mar●yn , , & h. . i see the remonstrance of both houses , nov. . . k see littleton , sect . , . and cooke ibid. fitz. nat. f. a. cooke . f. . e. . c. . r c. . e. c. . l pl●wd . com. f. . . h. . f. . cooke instit. on littleton . f. . b. m h. . c. fitz. devise . . h. . executors . . e . ▪ b e. . . e. . . h. . . fit. quare imp. . . , . presentment ab esglise , livery . , cooke , l. f. . r. . c. . , h. . c. . n r. . c cooke , l. . the princes case . h. . c. . h. . c. . h . c. . h. . c. . o h. . c. h. . c. . r. . c. . p e. . stat. ▪ c. . ▪ r . c al statues that give subsidies , tenths , ton●age or poundage , see rastal taxes , &c. g see before cooke ▪ f. & e. . c. . r. c . h see fitz & brooke , abbey , corpora●ions , deane & chap. parson . i speed p. . matth. paris , p. . k mat. paris hist. mino● , dr. crakenthorpe of the popes temporall monarchy , p. . to . graft●n . * mat. west . an. . p. , to . walsingh . ypodig . neust. p. . mat. paris p. . * hist. p. . * fox acts & mon. vol. . p. to . see hol. graft . sp. stow martin , & others in mariae . * walsingham , ●ist . p. . daniels hist. p. speed p. . m graf . p. n h. c. . r. . c. . graft . p. , mat. par. p. . sp. p. daniels hist. pa. , , , * grimston , imperiall history , p. , . generall history of france , p : , , . o . e. . . dyer . f. . . b. . r. . c. . p see rastal wards , praerog . regis c. . . . h. . c. . br. ideot . . . cooke . . rep. f. , . q h. . . b. . e. . f. . . e. . . r . e. . c. . stat. . . r. . c. . . r. . c. . . h. . c. . . h. . c. . s . e. . c. . . h. . c. . e. . c. . . mariae c. . e. . c. . iac. c. . and the acts ▪ this parliament . t anno. p. . u judge crookes arg●ment , p. . to . x speeds hist. p. , , , cambden elizabeth , anno , p. , to . y h. . c. see master seldens mare clauswn : z see master seldens mare clauswn , & pontanus answer thereto , & grotius his mare l●be●●n . a h. . c. , r. . c. . e. . c . h. . c. . h. . c ▪ : h. . c. . h. . c. . e. . c. speeds history p. . marti●us laudensis de repraesaliis , & de bello , e. . c. . e. . c. . b e. . fitz. ayd . . & ayde le roy. . . . . . . . ass. . h. . . . h . . h . . . . . e. . . . e . . quare im p. fitz. . . . col. . , . l. . . e. . . . h . . ash. alien . . c e. . . magna cart c. , e. . c. . . e. . c. . . r. . c. . h. c. h c. h. . . h. c. . see speeds history p. , , . d mathew paris p. . . daniel , hist. p. , , . * cicero de legibus . * matthew paris , hist. p , , . e iudges . . . . f math. paris p. . to . grafron , p. . . speed , p. . to . fabian part. . f to . matthew westminster , holin . s●ead , and daniel in his life . g mat. paris , p ● . matth. westm. an. p. . . * mat. paris , p. . da● hist. p. . . mat. westm. an. . p. . . * theatre of honour , l. . c. . p , . nota. h m●t. paris , p. , . sp. p. . * part . p. . i hals chron. an. . . h. . f. . to . stow & h●wes chron. edit . ult . p. . . grafton p. ▪ , &c. speed p. . , ▪ fa●ian part . p , to . k h. . b. bar. . . e. . . b. bar. . br. fitz. imprisonment , . . & hist. . compto de pace , f . . , . . c. . r. . c . h. . c. . h. . c. . . r. c . r. . c. . h. act. . c. . e. . c. . maria c. . l livi. hist. l. . . . polybius , hist. l. . dionys. hal. l. . c. . bodi●s commonweale l. . c. . l. . see the appendix . m poli● . l. . c. . n de rege & regis instit. l. . c. , . * bodin . commonweale , l. . c. . * arragonensium rerum commentar p. , . . * ibid. p. . * foris & in castris summum imperium summam rerum bellicarum administ ratienem obtinet , &c. * nicholaus isthuanfus de rebus vngar . hist. l. . f. , . bodins commonweale , l. . c. . p. . livy , rom. hist. l. . . bodin . commonweale , l. . c. . * bodin ibid. * bodins l. . c. . * matthew paris hist. angliae p. . o dinothi historia , sleidan l. . . : grimston imperiall history , in rodulph . and ferdinand ▪ the second . * lambard , archaion , f. de heretochiis . * p. , . * see master seldens titles of honour , p. . * bodins commonweale , l. . c. . p. . * grimstones imperiall hist. p. . * bodin com. l. . c. . p. . * cookes instit . on lit. f. . cambdens brit. p. holinsheds description of england c. . p. . and annals of ireland , p. . to . brooke , crompton , cowel , minshew tit. parlem . sir thomas smiths commonwealth . l. . c. . . object . answ. p h. . f. . b. * see littleton , sect. . . . & cookes instit. ibidem . object . * see all his majesties late proclamations , protestations , and printed declarations of this nature . answ. * seneca de clementia , l. ● . c. . see the remonstrance of the lords and commons novem . . . * anno , & . * lord faulkland , l. seymor , l. digbey , l. savil , sir io. culpepper , sir edward deering , mr. holborne , mr. hide , &c. * see the parliaments remonstrance , nov. . . * quid potest ab co quisquam sperare , quem malum esse docuit : non diu paret nequitia , nec quantum jubetur , peccat . sen. de clem. l. . c. . * see. br. parl. . dyer . a. cromptons iurisdict●f . . a. * see car. c. , . * artic. super chartas , c. , see cookes institutes on it . agricolae apud indos sacri & afurto & praeda alieni di●dorus sic . bib. hist. l. . n. . * fitz. corone . . . . . . h. . . . h . c. . stamford , f. , . cooke l . , . see matth. paris hist. p. , , . * see the parliaments second remonstrance concerning the commission of array . * see this fully proved in the parliaments second declaration . * quae alia vita esset , si l●ones ursique regnarent ? si serpentibus in nos , ac noxissimo cuique animali daretur potestas ? illa ra●ionis experria , & a nobis immanita is c●imine damna ta abstinent suis , & 〈◊〉 est etiam inter feras similitudo : apud r●man●s tantum , ne● a necessariis quidem ▪ abies temperat sibi . seneca de clem. l. . c. . * nulli regi gloria est ex saeva animadversione . at contra maxima , si vim suam continet , si multos irae alienae eripuit , neminemsuae impendit ; senecade clementia . l. . c. . * ista frequens vindicta paucorum odium reprimit , omnium irritat . regia crudelitas auget inimicorum numerum ●ollendo . seneca de clementia , l. . c. . * the relation of the taking of cicester , and the prisoners relation . * quanto autem non nasci melius fuit , quam numerari inter publico malo natos ? seneca de clementia l. . c. . * the kings letter on saturday , apil . . to the houses . * de clementia l. . c. . * see the parliaments declarations and parliament-mens speeches to this effect ▪ * kings . to . * see the parliaments remonstrances & declarations to this effect . * see doctor iones his book of examinatons publish●d by order of both ho●ses . object . answ. * at the end of the petition of right . * concerning the breaking up of the parliament , and before the . articles of religion . object . answ. * mat. pa●●s hist. p. . to daniel p. . . 〈◊〉 . * mat. par. hist. angl. p. . . . dan. hist. p. , * mat par an : ● , the stat. at large dan. hist p . speed p. mat weston . holinshed , fab. graf . an. . * daniel , p● . * math. paris p. . * psal. . psal . . * math paris p. . speed p . . daniel p. . . * mathew paris . p . . daniel p . * see constit. concil . de reding . cap. de sentent . excom . public . in iohn de aton . ● . . * daniels history p. . * e. c . . . e. . stat. . c. . . . e. . stat. . c. . . e. . c. . . e. . c. . . e. . c. . . e. . c. . * the revocation of this statute made ed. . in the statutes a● large . * hist. arg●● p. . * seneca de clementia l. . * see the remonstrance of the lord and commons , may . and novem. . . * see plutar numa pem : pilius , livie , l. . bodin com. weale l. . c. . * prov. . . c . . c. . . * eccles . . to . * see . h. . c. . h. . c. . . h. . c. . . h. . c. . eliz. . cap. . cooke . report : the princes case . * novem. . ▪ and may . . * de clementia l. . c. . object . . a see his majesties answer to the parliaments . propositions , iune , . . with other declarations and treatises on his part . b page , , . c de laudibu● legum angliae c. , . answ. . d livy hist. l. , , . dionys. hal antiq. rom. l. . & . polybius . hist. l. . bodin , common-wealth . l. . c. . e arist. polit. i. , , . xenophon . de lacedaem . republica ; diodoru● sic . bib. hist. l. , . f cookes inst. on magna charta . f. , , , , . g cooke ibid. . . c. . no. nat br. , . register , part . . f. , . stamford , . c. . f . brooke corporations kitchin , f. , . see seldens titles of honour p. , . to ● . h see antiquit. eccle. brit. goodwins cat. of bishops and antiquities , eadmerus hist. novell , p. . , , . , , , , , , malms . de gestis , pontif. i e . par. . h. c. r. . stat c. . k stamford ibid. modus tenendi parliamentum . cambdens brit. p , . sir tho. smiths common-wealth , l c. . . helinshed and veel description of england , c. . f. . chron. of ireland , f , . minsh dict tit. parli . cookes instit. on lit f. , , & . report . epist. dedicatorie . k e . c , , stamford iuris . of . courts , f. . to rastal , parl. and the statutes there cited . * see m r seldens titles of honour par . c. . sect. to . l mr. saint iohns speech against ship-money , p. speed , p , . halls chron. f. , , . fabian . part . p. . to . m h. . c. . hals chron. . h. . f. ● . grafton ▪ p. . n e. . stat. , , . o see the prefaces of most ancient statutes in ed. . . . . rich. , h , , . & . reignes , crampto●s juris . of courts f. . to . the writ of election , e. . c. , , . p see mr. st. iohns speech concerning ship-money , . * chapter of estates upon condition , sect. , . and cookes instit. f. , . q see exilium hugonis le dispenser , old magna charta , part . . f. , . cooke l. . calvins case . f. . r see hoveden . mat. par. mat. west . fabian , polyc. graf . speed , holinshed and nabrigensis in the lite of r. the . and goodwin in this bishops life . s wals holin . speed , graft , in ed. . and cookes instit. on littleton . f. . a. e see exilium hugonis de spenser , wals. fabian . holin . graft . speed in the life of e. . f m. st. lohns speech against ship-money , p , , . g ● r. . c. . to . wil. fab. graf . holin . speed. i● r. . h h . c . holl. speed , grafton s●ow , martin in h . & ed. i antiq. ecclesiae brit pag. , ● , . walsing . hist. pa. . ypodigm neust. p. . caxton . part . e . gra● p. . k antiq. eccles. brit. pag. . * r . c. . graft . p. ● , . walsing . ypodig . neu●t . p. , . l common-wealth li. . ca. . p. , . m de lau●legum angliae , l. , , . n bodin . com. wealth , l● ea . ● . livy , hist. l , ● , , ● , , , dionys hol. l . & polib . hist. l. . see the appendix . o arist. polit. l . c. . l. . c . p hieronym . blanca a●agone●sium rerum comment . p , , , to . to . * bodin . com. wealth . l. . c. . p. ● . q munst. cos . l. . c. , , &c. r bodin . com. weal. l . c . n●chol . i st huanf●●● de rebus . vngar . hist. l. . p. , . anno , . * bodin li. . c. . and the gener●ll history of venice . * see munster pontanus , olaus magnus , 〈◊〉 others . t bodin l. ● . c. , ca●siodor l . epist. u mat● w●st . an. . p. walsing . hist. angl p . & ypod●gma , p. . * bod. l . c. . l. . c. cassanaeus ca●al . gloriae mundi . ●onsid . y math paris . p ● . z bodin l. . c . a fabian , ●●rt . ▪ p. . to ● . b bodin . l. ● . c. . c walsin . hist. p , . fabian , part . p . d math. paris ▪ hist. an , . p . to ● . math. westm. walsing . ypodig . polychron . fabian caxton . grafton , stow hollinshed . polydor. virg. an. ● daniel , p , , . speed , p. ● . to . e francis thin , his catalogue of protectors . holinshed vol. . col . . f hist. angl. p. . godw. catalogue of bishops , p. . math westm. an. . pa. ● . g math. paris p. . franc. thin , his catalogue of chancellors in holinshed , volum . . c. fol. . math. west . an . pag. . h math. west . an . pag . . math. paris an . pag , , . math. paris hist. an. . p. . daniel , hist p. . edit . ● , . * math paris h●st p. ●o , daniel . p. . x math paris an . ●● . p ● to . danie's hist. p. , h mat. west . an. . p. , . mat paris , an. p. ● , , . see p. , daniel , p. . * daniel tēders it thus : they all generally complaine for that the chiefe iusticiar , chācellour and treasurer were not made by the common covncell oe the kingdome , according as they vvere in the time of his magnificent predecessors , and as it was fit and expedient . * these ill councellours forgot , that there is a great vast difference between private meniall servants of the king , and publike officers of the kingdome ; so that their argumēt is but a fallacy . * but the whole parliament and kingdome which they represented , were not inferiour but above the king himselfe , who was but the kingdomes officer and publike servant ; and so this reason made more against then for the king. * mat. paris , hist. p. . dan , p. . * dan. p. , . l mat paris p. , , , ● mat west an to . p. , , , . to . fabian part . p. to . graf . p. . to . speed p. , . &c. holin . dan stow , and others . * see francis thin his catalogue of chancellors of england holinshed . vol. . col daniels history , p. , . c exilium hugonis de le spenser : magna charta , part . . f. . speed , p , , . see walsing fa● ▪ holinshed in ed ● . f speed , p. . * note this . and the like lavv vvas enacted in . h. . fabians . part , p. . g see the preamble of this statute accordingly in the statutes at large . h see the revoc●tion the statute the same yeare by proclamation ; in the statutes at large . * walsin hist. ang , p. , ● . fabian , part . . p. . graft . p , . speed p. ● . hol. ypodig-n●ust p. . . o walsing hist. angl an . p. ● fran. thin his catalogue of protectoues . holi●sh vol. . col , walsin . ypodigma neust. p ● , , ● , dan hist p. , , . p walsin hist. ang an . r . p , . speed. p. . q wa●sing . hist angl p , . r walsin . hist. a●gl . p. . fran. thin his cat. of protectors . holinsh. vol. . col. . s walsing : hist. angl. p. . fra. thin his catal. of chauncellours . holinsh. vol. . col. . t wal. hist. 〈◊〉 . . holinsh. vol. . col. . u hist. . * note this . x hist. ang. p. . . speed , . y walsi . hist. epi. . . . . z walsigham . hist ▪ p. . * hist. a●gl . p. . a r. c. . . r. . c. . . . . r. . c. . h●c . . . ●ee wal. fab. holinsh. graft . speed , trussell , in . & . r. . b r. . c. . d see walsin . fab. speed , graft . holin . stow , iohn truss●● , & s r r. baker , in . . . & . of r. . * institutes on ●it . f. . t see e . c. . . . e . c. . . e. . stat. c. . . h. c. . . h. . stat . . c. . . r , . c. . * r. . rot. pa●l . num . . * rot. parl. . r. . num . num . . mr. seldons titles of honour , p. . . walsing . hist. angl. . r. . * not● . h . hen. ● . rot parl nu. . i ibid. num● . ● . . k halls chron. . h. . fol. . graft . p. . thin , and hollinsh . vol. . col. . l walsingh . hist , ang. p. . hall. graf . ●abian speed , ●russell . . h. . m . h. . f. . to ● . n vol. . . h. . p. . to . o fox vol. . p. . to . speed , fabian , grafton , sto●● , trussel , in . h. . p hal● chron : . h. ● . f. grefton , p. . helinsh●d , vol . p. ●● ● . and i rancis t●in , ibib . howes , and stowes chron p. . . * hall , gra●ton , how. speed an. ● . h● . ● . q hall an. ● a●d . h. . f. . to . fabian● p. . grafton , p. . to . r speed history , p ● . * see matth. paris , p. . s . e. . c. . . e. . c. . . e. . c. . * . r. . c. . . r. . c. . cookes instit. on mag. chart. f. . . t e. . c. . . e. . c. . and . r. . c. . . e. . c. . . e. . stat . . c. . . h. . c. . . h. . stat . . c. . . r. . c. . ●ee rastals abridgement , title , iustices of peace , customers , &c. v modus tenendi parliamentum ; holinsheds description of england c. . p. . and annals , of ireland , p. . &c. . lac . c. . mr. hackwels manner of passing bills . x see his maies●ies answer to the lords and commons remonstrance may . ▪ y the remonstrance of the lords and commons may , and nov. , ▪ z see a●hes tables errour , to . iac. c , , cromptons iurisdiction of courts , f , , 〈◊〉 , ●miths common welth . l. , c , , , , e. . c , , , a by acta●● , l , , c. . e , , f. ▪ register , fol , , westm , , c , , e , , c , , , e , , stat , , of these that are borne beyond the sea● b magna charta , c , , and cookes institutes ibid , e , , c , . e , , c , , ● , , c , , , e , . stat , , e ▪ . c , , . r , c , , r , , c. . c rom , , . . c. . . nisi gramita non est gratia , august . de natura & gratia , l. , c , . e. . the pardon , 〈…〉 , . e. . c. . . . c. . r. . c. . r. . ●● . h. . c. . h. . c. . r. . c. . stat ▪ . c. . and all generall acts of pardon , d ▪ sam. . . chron. . . ezek. . , . est. ● . . to . dan. . . chron. . . to ● . . chron. . . to , est. . . 〈◊〉 . e see d●before , ●racton , l. . c. . l. . c. . fortescue , c. . to . cooke l. . f . . ●olvins case . g see the remonstanc● of the lords and commons nov. . . p. , , , . h see wa●singham , hist. ang. . r. . p. , , . where the whol● manner of his coronation is expressed at large . i l●b . . c. . f , . b. see brook and fitz. herbert . and ash. title custome . & prescription . cookes instit. on littleton , f. . b. , b. . b. cookes instit on little●on f. . b. and the bookes there cited , register . f. . briefe de consvetvdini●vs & ●ervitiis . * now mal●orrough . * westm. the first . * in the s●atutes at large it is c. . but . in mag. charta●s . * the prologue and 〈◊〉 . a r●gister . part . f , . c. . a. b ibid f. . . b. . b. . a. c ibid. f. . b , . . d ibid f. . a , . b , see f. . to . * apo●hegm . * plutarch apotheg . lat●n . p. . f ●ract . l. ● c. ● . l. . . l , . c. ● ▪ fl●t. l , . c , . , & f. , , cook l : , ● . , ● . l. , f , . . c●lo . case , fortes c. , to . ploud . . . . e , , f. . g plouden , ● , . . & ashes table p●erogat . . iudge cook● argu. against ship-money . p , . to . * 〈◊〉 qu● tiel fait●n● poet ●ye e●●re prerogative ●n nostr● s●ignour le ro● quest derogatif al execution de droi● et justi●● . h i●t . . . i tit. . . heb . . k tim ▪ l mal. . . iam. . . m 〈◊〉 . . * dion hist . bishop iewels defence of the apol ▪ pa●t . c. . p. . n mat. paris p. , , . , ▪ , , , ● , . walsing . bi . p. . . speed p. daniel , p. , , , , , , , . o h. . c. e. . c. e. . c. . . see iudge crooks & huttons ●rgum . against ship-money . p polit. l. , , , , . q de officiis l. r hist. l ● . s de civit . dei l. . c. . t de la●d . leg ang ▪ c ▪ . to . u xenoph ▪ de laced . repub. p. hier. blanca , r●yum aragenens . comment p. . . x xenoph. de laced , & atheni●n●ium repub. plato & cicero de legibus , lib. aristol . polit. l. , ● , & . diodovui● c ▪ bibl , hist. l ● , , , plut●rc , num , pompilius lycurgus , s●lon . y hieron . bla●ca , arag●nensrerum . ●ommēt . p. , . ioannis mari●na de rebus hisp. l , . c , . hierpauli r●gum aragonen : s●ri●● . i●a●nes pistorius hispani , illustr : tom p. . z cooke , , report , calvins case f. , . * cooke , report f , , . a see litle tons chap. of attornment , and cooks instit. ibid. b cooke l. ▪ f , , ● . , h. , . ●rooke charter de pardon , , , report f , . . c mag. chart. . e , , c , . e , c , . r , , c , . d see iudge crookes and hutions arguments against shipmoney , & the bookes and statutes therein cited . e h. , f. . b● , charter de pardon , , , ass. , , br. com. , . b mr. ha●kwells passing bills . p , . with others fore-cited . a remonstrance of both houses , nov. , . p. . c polit. l. , c , . d sam. . 〈◊〉 . c , , . to . sam. , , , c. , . to . chron. . . chron , , ▪ . . esth. . to . ier. . to , dan. ▪ . to . * sir tho. smiths comm●nwealth l. ● , c , , , brook minshaw , cowell , title parliament vowel , holinsh. cambd in their discourses of parliaments . f , e ▪ . c. . . e. . c. , & she bill for trienniall parl. g grafton , p. . , trussell . p. ▪ h pol●t . l , . c. i hy●ronym , blanca arog●●ens . rerum . com p. . to . * deut. . . tim ● , , rev. . , and . . * ps. ▪ . , psa , . . iam. . . . mat. , , , , ● , 〈◊〉 . c . . iohn . . . iohn . . . isa. , , dan , , , to . * eracton , l. . c. . l ● , e , ● , ● , ● e. . , . ass● . e. . . brook dures . , , , ▪ ● , , , fitz. dure● . . . , , ● , . k . e. . p●rque servitia . . h. . , br attornment . ● . m see math. paris , p. . to . n speed , p , mat. par. p. . deniel , p. . o . h. . c. ● . . h. . c. . e. ▪ c. . stat . . & stat . , c. ● . ● . , c . r. . c , see brooke & astr. title ducesse . * see dr ▪ ●ullers late serm ▪ the last inaugura●ion day . notes for div a -e * part . edit . p. , to . notes for div a -e a civilis belli , l. . p. . b apud veres dei cultores etiam ipsa bella pacata sunt ; quae non cupiditate aut crudelitate , sed pacis studio ge●iunter aug. de divers . eccl. obse●● . . gratian caus ▪ . qu. . cap. apud . albericus gentilis de iure belli l. . c. . c patriae deesse quoad vita sapp●●a● nef●s est livius , rō . hi●●t . l d militare non est d●lictum sed p●opter praedam militare peccatum est . august de verbis dom ▪ tract . . & gratian. caus . . qu. . e see littleton in his chapter of gran● serjanty , knight-service , escuage , & cook ibi . f numb . josh. . , to . g jugd . ▪ h sam. . ● i judg. . . ● . k jer. . . . notes for div a -e object . ▪ * see many printed declarations , proclamations to this effect ; with other pamphlets . answ. a see the houses severall declarations to this effect . * e c. h. , c. . see ashes table , contemp. , the law bookes there quoted , h. . c. . e. . . coron . . dyer , . stamfords pleas , l. . c. ▪ f. . l , , c , , f , . * the declaration of the lords & commons in answer to his majesties , concerning keinton battle . b part . & . throughout . c see polybi●n hist. l. . arist polit. l. . c. . . l. c. . l. . c. . bodin l. ● , c , . l , , c. . d hieron . blan. ar●gonens . rerum comment . p. . . . to . . to . ioan. mariana de rege & regi● instit. l. . c. . to . e in the appendix . f part. . g common-wealth l. . c. see plut. caes. & pompeius . h aragonensium rerum comment . p. . * part . p. , , , &c. i see arist. polir . l : c. d ● . beards theatre of gods iudgements . l. . c. . to . ad generum cere●is pauci sine sanguine fuso , descendunt reges , & sicca morte tyr●nni iuvenal . see the appendix . k 〈◊〉 . l. . c. . . l memorabil l. . p. . m 〈◊〉 ▪ l. . n spelmani concil . ●om . p. . o lambard . archaion . p. . fox acts & mon. vol . p. . p lib cap. . s●ri●s tom. ● . p. . q common-wealth . l. . c. , . r de rege ●t regis 〈◊〉 . l. . c. . . s lib . c. . fol. . t ●ib . c. ● u de laudib . legum angl. c . to . x speech in parliament house , anno . y bract. l. . c. . ●leta l. . c. . for●●s . c. . to . cooke . report f●l . . 〈◊〉 . cab●ins case rom. . . pet. . . z see the apendix . * sam . . a chro . see the kings coron . oath . b rom. . , . pet. . . 〈◊〉 . ▪ c 〈◊〉 . de repub &c. cicero de legi . sam. . . to . cap. . . . chr. . see. marian , de reg. & reg. inst l. c . d de leg. arg c. . . . . . e lib. . f. . calvins case . f lib. . c. . f. . g lib. c. ● . h lib . c. . i de laud. legum angl. c. . to . k de rege & regis instit. l. . c. . l deut. . prov. . rom. . . ephes . . pet. . . * see doctor beards theater of gods iudgements , l. . c. . to . m gratian causa qu. . . . calvin . lexicon . iurid tit bellum . n cicero tus. quaes● . l. . o liv rom. hist. l . 〈◊〉 , p. . p 〈◊〉 . hist. ang. p. . . q walsing . hist ang. p. . r walsing . hist. ang. p. . . s walsing . hist ang. p. . , . , . t h●lls chro. & h. f. , . fox acts & mon. vol. . edit . ●lt . col. , . u iac. c. , , . the kings proclamations , iacob . against them and the a●raignement of traitors . ● x cooke . report , calvins case . * math. paris pag. . speed p. . . y tim. . , . ier. psal. . . , . isa. . . & . . * livy rom. hist. l. dec. , p. . arist. polit. l. p. . marianade rege , l. c. c. . a arist. polit , l ▪ . & buchan . de iure regni apud scotos . b gratian. causa , . qu. , , . iacob . spie●egius , lexicon iuris , tit bellum . f. de iustitia et jure non sine . ioannis calvini lexicon iuris . tit. bellum co . . . summa angelica , et rosella a●e●sis sum. part. . qu. . mem . . & quaest . . num . . martin laud. de bello , surius concil . tom. . p. . c calv. lexicon . iurid . ih. ex hotomano , and other forcited . d see principally . h. . rot. pat mem . & mem. dorss . e see aristot. pol. l. , c , , , & l , . polib . hist. l. . fortescue . c , . to . f de officil● l. . p. . g exod. . . to . . . num. . . to . sam. . . chr. . . iohn . . . c. . . . . h cicero de l●gibus . i resolution of conscience . sect. . k see stamfords pleas : f. . . . l see andrew favine his theatre of honour l. . c. . . . halls chron. h. . f. . . . . . . . . . . . . m hall an. . h. . f. . . n fox acts and monuments , vol. . edit . ult . p. . . iean crespin . lestate de lesglise . an. . p. : the generall history of france in his life . p. . o halis chron. f. . . h. p generall history of france p. . . fabians chron part . . in his life ; with others . q sene●a de●●ra . r eadmerus , malmes hunt. hoveden , mat. west . mat. par polychonicon , ●ab . caxton , holinsh. graf . speed , daniel , and others in the life of wil. rufus . s see stamford bracton , fitz-herbert , brook , cromp. tit. treason & corone . t mat. par. an. . p. . speed p. . dan. p. . . holinsh . graft . stow , and others . u in praefenti ●ello , dominus rex extitit vulneatus & morti paene vicinus , jaculo in eum ex improviso dejecto , mat. par. ibid. x see the remonstrance of both houses nov. . . * littleton sect . . cook. iust. ib f. . l. . e. . . . . e. . . b. . e. . . . plowden p. . . . e. . c. . h. . c. . . cooke l. f . . . . * isa. . . . . * see charta de forresta . rastals abridgment , title forrests . . iac. c. c. . petrus biese●●is de instit. episcopi bibl. patrum tom . pars . p . illud ni●ilo . minnis ●bsurdum , &c. * gen. . . . . c. . psa. . . ● . . * psal. . . . . chr. . . . see the vindication and revindication of this text. * rev. . . c. ● . . c. . . * psal. ● . . ps. . . * gen. . . mat. . ● . * 〈…〉 * 〈…〉 * zonaras annal. to●● . . f. . munsieri cosmog . l. . c. . p. . * mat. west . an. . p. . malmes● huntirg . ●ab . graft . holins . speed , and others in his life . * hoved. an. pars posterior . p. . mat. paris , mat. westm. polyc. fab. walfirg . holinsh. graf . speed , daniel in the life of rich. . y see bishop bilson , of christiā subjection , &c. part . . p. . to . and the authors there cited . z speed hist. l. . c. . l. . ● . . . camb. brit. p. . . &c. c. see holinsh. poly , g●●f . a iacobus valdefius de dignitate regum regn. hisp. c. . franciscus tarap●a de regibus hispaniae , michael . ritius de regibus . hisp. l. . manst . cosm. l. c . b see bishop bilsons true difference , &c. p. . . to , and the appendix here p . . c aventinus amid . . the generall hist. of france in his life . see the appendix . d see grimstons imperiall history in their lives , & and the appendix . * the generall history of spaine p ▪ . * graft . part . p . buchanon remou 〈◊〉 l. . p ● . . e theatre of honour l. . c. . p. . f see pareneere the end . g see summa● rosella tit. bel●um . h fitz nat. brevium f. . . i common weale l . c. . . ● . * see knols turkish hist. in his life . * speede hist. p. . the history of the netherlands , and the swedish intelligencer . * mat. par. mat. west . hoved. speed , holish . fab. graft . daniel in his life . * see knols turkish hist. of the calling in the turke into graecia and cambd●n & speed of the brittaines calling in the saxons which proved their ruin and conquest . h see matth. westm. huntirgdon , galfridus monumetensis , florentius wigorniensis , polychronicon , fabian , caxton , grafton , holinshed , speed , and others , in their severall lives . i matth. pari● hist. angl. p. to . holinshed , grafton , speed , fabi●● and daniel , p. . . . * a true character of a pope . l pag. . . . m hist. angl. pag. . . n pag. . ● . o see part . . p. . . p confirm c●●rtarum . . e. . ● . . q ma●h . par●● hist. p. to . daniel , p. . . see holinsh ▪ graft . speed matth. west . anno . r page . . daniel . p. . s page . . t an. ● p. . r mat. par. p. ● . . speed , p . dan. p. . x w●lsing . hist. angl. p. to . ypodigma neustr. an. . dan. holinsh. graf . speed , fab sto● and others in his life : fox acts and monuments , ed●t . ult vol. . p. . . y f. . : z walsing . holinsh . fab. graf . stow , speed , daniel in his life . b dyer●● . . pl. . cooke , l. . f. . stamford . f. . n●●a . c walsing hist. angl p. see holinsh . speed. trisse● l in rich. and cambdens britania , of the british is. lands , p. ● . c walsin . hist. angl p . e walsing . hist. ang. p. , to . polyc. fab. speed , graft . holin . howes , trussel . in . & r. . . r. . c. . to . * nota. f see walsingh . holensh . graft . speed , stow , trvsselt . in . r . & r c. : . . but especially ca. . will manifest the unjustnesse of this unlawful packed conventicle if i may so call it . * see albaricus gentiles de iure be●li lib. ● cap. . , . . g g●oston , p. . ● ▪ . hall. . & h . f. . . holinshead , stow speed , fabian . h hall , graft . fabian , caxton , holinshed stow , speed , anno . . & . r . i graston , p. . hal. . r. . f. ● . . see holished , stow , speed , & barons henry . i speeds hist. p. . to ● . gamston hist. of the netherlands , l. . p . . &c. and imperiall hist. p. . to ● . k see the acts of pacification and oblivion in both these kingdomes . l an exact collection of all remonstrances , &c. p. . . m albert. gentil . de iure belli , li. . ca. . . . n gratian causa . qu . . . and the canonists in their glesses on that text. summa angelica & rosel . til ●el anto. cortes . reper . in abatem tit . beilum ; iacob . spieleg . & . calvin . lexi . iurid . tit. ●el . mart lauden de beil . tract . alber. gent. de jure belli petrinus belli de re● milita . & bel●o tract . de iure belli belg. hagae , . hugo g●ot . de iure belli et 〈◊〉 . a cl● . . de sent. b bal . cons. . & s. cons. c clar ▪ §. h●micidium . d bal , ad . d. l. . loc . i● s. dec. l. ut vim e ap. mitr . f phil. de principe . g clra. §. homicidium . h l. . de iust. l. adle . aq. ceph . cons. i cic. . iuci. fa. . k c. . de se exc . c. de homicid . l ammia ● m cic. pro milo . n aug . con . fav . o iason . l. . l. de in re . p con. rig . peccatum . p. . §. . q bodin . . de rep. . r livie l. . * costr . l. . de iust. s pater . l. . t liu. ● . u veget. l. . x hist. l. . y d●m . l. ad arifleg . * dio. l. . z terent. . eunu. . a philo. de spe . leg. b pers. sat. . ovid. . de art. horat. ad loll. ep. . c c. lib. . tit. . l ul . l. tit. . l. . & c. t. de sica . l. . d bald. . cons. ias. l. . de iust. e bal. . cons. . . . alex. . , cla. §. homicidium , zas . l. ut vim . f dec. cons. . g p. l. . . quod met . can . g de dame● iinf . l. . loc . i gell. l. . c. . k cic. pro tu . quict● . . c. l thucid. l. . m zonarus . n pausanias , 〈…〉 . o hero lib. . p xenop . . graec. q liv. lib. . r thuc. lib. . s salu. frag . t dion lib. ● u bod. . de rep . ult . x p sy●● y iou. lib. . z ari. . pol. a hier. epi. . b bal. . cons. . . . c dion l. . * ovid. . fast. posse nocere sat eft ; quodque potestalios perde●e , perde prior . d plut. pomp. e bal. . cons. . . f ap●l . de ●und . g polit. . ep. guic. lib. . i ans. e●log . h polyb. lib. . i li● . l. . k gellius l. . ● . . l dion . l. . * l. . d. ● . n iou. l. . a l● . de ju● & ju . b cic. . de fi . c plut. de vi. alex● d niceph. g● . li. . e s●n. ep . . e sen. ep . . f gel. lib . g hor. ad i●● . ep . . h sen● ult ▪ ben . i lact. de ira . dei. c. . k phi. iose l c ▪ apol m ●ct . m aris● . de mu● . n cic. . de offic lael . o aug . de civ . p ambr●● . de off . q bal ● de prido . r lact. instir . s ci. c. . a●t . . t arist. . pol. & psal. . . u gal. . & . petr . . x hier. ep. y claud. . cons. he. z rom. cons. ● . a dec. cons. not l. . l. . de just . b plat. . de leg . c bal. . cons. . d sen. . . de ira. e xiphil . f cic. . fa. . g procop. . pers . h cicer. pro quin. i iust. ge. an . ● . k l. . de ex l lib. . de he . vel . ac . ve . m castr. l. . de just . al. . . clar. f. q . & homicidium : de cons. . n lib. . de app . ias. l . de iu. dec. cons. . ceph . ●uia . . obs . . o l. . dene . ge . . segq. p l . quis . ma ad li per. pla. . de leg . q ias. d. l. . eug. cons. . r bal. l. ul . c. de ju . deimp . s alc. l. cons. . mol. ad dec. l. . de reg . t bal. . cons. . l. . ● . de ser. fug . u eccle. . x bal. l. . de of . pr. vi . y nic. cal. . his . . z cic. . deoff. a bal l. . . c. de op . le . b guic. lib. . d anbr. de off . . c. . . q. . e d●on ●ol . de legis . f l. . qui ex ca. in po . ea . g amb. de off . h liv. . . i ● . de repub. ult . k plut. apoph . l iov . l. . m oros. l. . c. . n procop. ● pers. & call. l. . c. . o alc. l. . §. sacra . de v. o. p cic. pro planc . x decia . cons. . y levit. . z l. . ubi gl● de l. aq : a ibo . l. . b eccl. . c c. de se. exe . evg con ● a lib. . de offi. . b e●ri . hip. c thuc. l. ● d . de benes . e ceph . ● f cou. r●g● . pocca . par . p. . bod. l. . de rep. c. . & l. . cult . cic. . de off. g bal. lib. . c. de iust . & subst . h sen. ult . de benef. i e●h . . caesar. 〈◊〉 de si c. . k pl● . pyrth . l cr●u . cons . ceph . bal l ▪ , de ser. fug . m alex . cons. . c●ph . . n las . l. de iurisd . cic. pro com. ceph . o l. . de re iul ● . c. de 〈◊〉 . p leo●nou . q l. . bal l. . c. de ser. cor. r plut. qu● nutr . li. hi●●o . cp . . s alex l. ● , sol. mu. t cels. l. . de iust . u cels. . c. hypp . de loc . in hom . x cic. prosy y l. . de ho. 〈◊〉 . ex . z l. . de leg. a nat. 〈◊〉 alex cons. . a nat. 〈◊〉 alex cons. . b bal l. . c. de p. . in ● . . c heb. apoph . . c. . d hes. . op . op . e faer . . c. f alc. emb. . plut. euth . g plu. apoph . h l. . de con . em . i com. pii . . li. . k . de da. inf . alex. . . l l. . de aq . pl. l. . si . se. ui . bal. . cons. . m arist. ● pol. n bal. . cons. . o bal. q. cons. . p lyp. notes for div a -e a master goodwine his anti-cavallar . and bone for a bishop . master burrough● his lord of hosts . the severall answers & replies to doctor ferne. the honest broker , scripture & reason , pleading for defensive armes ( the best and acutest of this kind ) with many others . b num ▪ . c see an ex●ct collection of of al remon . strances , &c. d the resolving of conscience . the necessity of christian subjection , &c. a revindication . the grand rebellion , &c d see gratian caus. . q. . e see fox acts & monum . french book of martyrs , with others . f pag. . . &c. argument● g antiq●●ud . lib c●p . . ipse prophetae cum ●ivatus vim●sses . ut 〈◊〉 sua fa●iat , vi ceactum eo pert●ahat &c. h matth. . mar. . luc. . iohn . i lu● . . ● . . k iohn . . . l math. . . m acts . . cap. . . . luk. . , ● . isay. . * see doct. fernes resolving of conscience . an appeale to thy conscience , with others who much rely on this ill foundation . o see 〈◊〉 . ofinder . ench●nd contr c. . & . 〈◊〉 p exod. . . &c. q sam. to . r king. . s mat. . . ● . t i tim. . . u zeph. . . esay . ● . x cor. ● . . y iob . . z psal. . . psal. . . a john . . john . b lar . . to . alfonsià carthagena regum . hisp. acaphel . c. . c iohn . . c. . . c. . . d gratian. caus. . qu. . e sum theolog. pars . qu. . m. . os●ander enchirid c. . de m●gist . pol. f grati●n caus . qu. . les fl●urs desvies des sanctes part . . p. . g sam. . . . to . h rom. . . . i dr. fernes resolving of consci●nce ; an appeale to thy conscience . * rom ▪ . . . k see doctor fern● ; appeale to thy conscience ; the grand rebellion ; the necessity of christian subjection , and others , * sam. to . c. . . to . &c. . * chron. . . ezek. . . . . o mac. . . to . p enchirid. controvers . c. . de magistrat polit. q epist. l. . ep. . donat● . r de ciu. dei. l. . c. . s ofiander ; enchrid . cont c. ▪ de polit . magist. qu. . p. . abber . gentilis de iure belli . l. . c. . hugo grotius . de iure belli l. . c. . §. . * ioseph as antiq. iudae l. . c. , p. s philip. de melanct. chr. l. . d r beards theatre of gods iudgements l. . c. . p. . u numb . . rom. . . to . pet. . . . x esay . . to . ezech. . . . . zech. . . king. . king. . . implied ● estates upon credit . . sect. . . ● part. . p. ● . to . a part. . p. b de princip . l. . . . . c praefat. ad rub. de collationibus , p. ● . e de iure belli & paci● l. . c. . , , . f gen. . . c. . . . ps. . . . ps. . . ps. . . esay . . esay . . . iosh. . . c. . . heb . . d de iure belli . l. . c. , . l. c. , , f gen. . . c. . . . ps. . . . ps. . . ps. . . esay . . esay . . . iosh. . . c. . . heb . . g groti●● de iure belli l. . c. , sect. . * caus. . quest . . suri . concil . tom. . p. . u lev. . . mat. . . rom . c. . . cor. . . phil. . . tim. . x dist. . qu. . to . y de iure bell . l. . c. . . . z common-weale . l. . c. . l. . c. . sect. l. . a . c . sect. . . . b cajetan . ●a . ●ae . qu. ● . ar . . ambrose , offic. l. . c. . summa angelica , rosella & sylvester , tit. bellum , and the glossers on gratian. causa . . qu. . c caus. . qu. . . d ●a . ae . qu. ● . art . . & qu. . ar . . dub . . e l. . disp . . art . . l. qu. art . . f lib. c . du . . g l ▪ . contr. illust. . h p. . . ● n . i . ae . qu. . art . . k verbo bellum , par . . n. . & p . & homicidium . . q. . l ad l. ut vim . di de iust. & ●ure . m in rep . l. . & unde vi . n l. ● . c. . n. . o de iure bel. l. . c. . . p de iure bel. l. . c. ● . q . ar. . . q . card. qu. . li . pet● . nau. l. . c. . n. grotius . de lure belli . l. . c. . sect. . r see the relation of brainford . obj●ct . . u dr ferne sect. . p. . answ. object . . an appeale to thy conscience . p. . . . answ. object . . p an appeale to thy conscience ▪ p. . answ. object . . q appeale to thy conscience . p. . answ. r sam. . . esay . . c. . . c. . . chron. . . s king. c. . & . chr. c & . & . n●h . . . t sam. c. . & . & . u in the bookes of kings , chronicles , ieremiab , and daniel . * see cassanaeus . catal. gloriae mundi , pars . consid . . sect . . p. . x de ●ontif . rom. l. . y sam. . . &c. z chro. . . . . . a king . . . b . king. . . . . object . . c an appeal to thy conscience , p. . c. answer of the vindication of p● . . , and the revindication printed at cambridge , ● . answ. d sam. . & . & . see chron. . . e see zeph. . . gen. . . iob . . c. . . c. . c. . . c. ● . . gen. . 〈◊〉 . . ier. . . ioh. . . f matth. . . c. . mar. . . luk. . , , g the vindication and revindication of psal. ▪ , h gr●●tian . causa . . qu. , ● , , . where many fathers are cited , to this purpose . i exod. . c. , . levit. . . . king. . . k eccles. . . . . ezech. . , . ioh. . . l psal. . , . num. . ● , , . m iosh ▪ . ▪ n iosh. . , , , , . o iosh. . . c. . & . . 〈◊〉 . p iudg , , , to ▪ q iudg , , to r sam. , , . s isay , , . * chro. . t king. , , . u king , . x chr. . , , . y ki. . , y ki. . , z chron , . , ● . a king. . . b see m. seldens titles of honour . l. c. s●ct . . . bodin commonw . l. . c. . l. . c. . ioseph de bello iudaico , l. . c. . . c commonw . l. . c . d de iure belli l. . c. . sect . . . e in the●r ●itles and contro●●rsies de immunitate clericorum , bishop latimers sermon at stamford , f. . b. f keilwayes reports , f. . g see par . . p ● . & fox act & monuments . h king. . ● , . i see claudius esponcaeus dig●●s . in po●●●pist . ad tim. de c●rismatis usu . p. . &c. k espencaeus ibid. see i homas waldensis , bellarmine and others , de sacramento extremae unstiouis , and all schoolmen and canonists , de sacrame●torum numero & extre . unct . l catalog gloriae mundi , par . . consid. . p. . alber. de ros. super g. of rubr. f. desta . ho. m cassan●us ibid. & consid. . n cook . report . calvins case f. . philoch . arch. de somnio vcr 〈◊〉 , c. . object . . answ. o sam. ● . , . . p sam. . . to . q king . . 〈◊〉 . . r king . . . king . . . to . s sa. , , . c. . , , . t sam. , . c. . , c. ● . chro. . . v psal. . . psal. . . y sam. . , , . z sam. . . to . a soct . . p. ● . sect. ● . b sect. . p. ● . c sam. ● . . to . d sam. . . to . e sam. . sam. . , . f sect. . p. 〈◊〉 . object . . g dr fern , resolving of conscience , sect. . p. . and others . aswer . h exod. . i psa. . , and other psal. k chron. . . king. . l chron. . . . to . m chron. , , . n mat. . . o iam. . , , . p psal. . * matth. . . object . . q dr ferne , sect. , . an app●al to thy conscience . answ. . . . * antiqu. iud. l. . c. . . q explan●● . artit . . operum , tom. . s third part of the true difference between christion subiection , &c p. . . t sam. . u chron. . x kin. . y ●er . . z king. . . to . a king. . ● chr. . evasion , reply . b deut. . thorowout . c. . . to . c kin. . . to . c. . . . d kings . , to . e chron. . , . c , . . to . king. . , , , c , . f king. . * sam. . . . . sam. . , , , , . psa. . , , . chro. . , , . kin. . , , , , , , sam. . , , , , ● . c. . . compared with deut. . . to the end . g king . . c. . . . ● . . . to . c. . to the end of , c. . king. ● . . to the end of c. . chro. . . to the end of c. . h dr ferne , sect. . p. , , . and elsewhere . the necessitie of christian subiection , oxford , . appeal to thy conscience , . the lords anoin●ed , oxford , with others . object . . answ. i sixfold comment . on rom. . quest. . p. . k antiqu. iud. l. . c. . . * rom. . 〈◊〉 . * o siander . enchir. cont● . cap. . de magist . polit. m isay . , . c. . . sa. . . psa. . , , . n paraeus , willet , soto , and others . o pet. . . p lib. . c. . f. . q el●ta , l. . c. . r i say ▪ . to ● . king . , & . psal. , ● . . to . psa. . . psa. . . . , psal. . ● . to . s psal. . . to . prov . . mich. . . . ● . . . ● . . t rom. . . . tim. . iohn . . rev. ● . . u see sueto●nius , eutropius , zonaras , grimston and others in their lives . x see seneca de clem. l. . hosea . . y lu●●n . de bello civili . l. . p. . z see fox acts and monuments throughout . a apolog. c. . and seneca de v●ta beata , c. . b see fox acts and monument , eusebius , socrates , scholast , nicephorus , grimst●n in his life of iulian the apostate and others . c dan. . . to . acts . . c. . , . d see exod. . . c. . ● king. . . chron. . ezra . . c. . n●h●m . . . c. . . c. . . ezek. . joh. . . c. . . acts , . ▪ . quest. . a doctor ferne , appeale to thy conscience ; the necessity of subjection . b albericus gentilis , de iu. belli . l. . c. . p. . c alci . l. . de v. s. l. . & de pact . d l. . de don. l. . quae res , p. . da. ob . non . pos . l. . qui mo pi . so l. . pro. emp● . f common-weale , l. . c. . p. . g suctonius , zonaras , ●rimst●n , eutropius , sabel●icus , op●neerus , and others in his life . h marius salamonius de principatu , l. . p. . to . i common-weale l. c. . k generall history of france , p. . object . l ad s●apulam , lib. p. . objected by , the nec●ssity of subjection , and others . answ. m rhe●an● annot. i●●d . quest. . n see mich. . . to ▪ isay . , . ze ph . , . ezech. . , . o in rom. . col. . willet on rom ▪ quest . . p. . p sect. . q gri●st●n , suet●nius , eut●opius , zonaras , volaterranus , speed and others in his 〈◊〉 . r as he doth ▪ phil. . . act. ▪ v. , , . c. . . c. . . see matth . . . luk. . . c. . . acts . . c. . . quest. . s doctor ferne , sect. . app●ale to the conscience , p. . ● . the necessitie of subjection , christus d●i , p. . . with others . answ. t gen● . . . . ● . jer. . , . psael. . ▪ ● . u gen. . . exod. . . ephes. . , . c. . . . col. . . to . c. . , . tim. . , . pet. . . c. . , ● , . y iosephus a●tiq . iud. l. . c. . carolus sigo●nius de repub . hecraeorum . l. . c. . z aristot. polyt . l. . & . polib . hist. l. . iust. in hist. l. . cassanaeus catalog . gloriae mundi pars , . consid. . philochius archila●us de somnio viridarii , c. . fortescue c. . . . mr. seldens titles of honour , part . . c. , , , . a gen. . sam. . . seldens titles of honour , part . c. . . see the appendix . b procop. vand. l. . c ammon . l. . c. . l. . c. . hugo grotius de iure belli . l. . c. . c. . . e see part ● . p. to . ed●t . ▪ f bracton l. . c. . fl●ta l. . c. . . see here , p. ● . & part . p. ● . g psal. . deut. . . isa. . . c. . cor. . ephes. . . h tim. . ● . . rom. . . c. . . deut. . . i deut. . . , . sam. . . ●am . . . k sam. . , . ● king . chro. , . prov. . l tim. . , . pet. . , . rom. . to . t it . . object . answ. m chro. . . isa. . . c. . . l see doctor willet , paraeus , and others on rom. . * apologeticus . m porphyr . n apud cassiodoru● . o apostol . constit . . . c. . p mat. . . luk. . , . q psal. . . to . psal. . , , . psal. . , . o psa. . psal. . , ● act. . , to . heb. . . p rom. . ● acts . pet . . deut. ● . . iob . , . chron ▪ . . gal. . . ephes. col. ▪ . q quest. 〈◊〉 rom. . p. . see cassan●us , catalogus gl●riae mundi , pars . consid. ▪ to . * archbishop laud and neal , in the high commission and starc●amber . r see bellar. de rom. pon● . cassanaeus catalog ▪ gloriae mundi , pars ● consid . . * f●xius de rege , &c. p. . grotius de iure belli , l. . c. . n. . s explan . artic . . t delure reg. apud scotos . v de rege & regis instit. l . c. . to . x arist. polit. l. . & . polyb. hist. l. . gen. hist. of france , spain , hungary , bohemia , england . grotius de iure belli , l. . c. . n. . covaru . quaest. illustr . t , . , n. ● . . vasquries contr. illustr . . n. , ● . n. . n. . hookers eccles. po●l . . sec. . p. . , . y see scripture and reason pleaded for defensive arms , p , , . z sen●ca grotius de iure belli , l. . c. . sect . . p. . a eccles. . ● . quest. . b see paraeus , willet , tollet , soto , marlora● . and others on this text. c iudg . . . cor. ● . . . cor. . . . pet. . . philem . chron. . ● . . tim. ● . . exod. . , . . chron. , . psal. . . d cor. . . e see ( c ) beso . cor . . . . rom. . . . g levit. . . mat. . . psal. . . . p●● . . . ps. . . i see tostatus , caietan , cornelius a lapide , soto estrus , with most popish commentators , & dr. will●t on this text , bellarm. de clericis , and the canonists , de exemption ibus , & immunit . clericorum . k bp. bilsons t●ue difference &c. par . . p. . to . . vvhites defence of the way ▪ c. . p. . to . l pag. . g● . hist. of spain . m theod. eccles . hist l. . c. , . sozam . l. . c. c. . n see math. vvestm . math. paris , hov●d●n polychron . fa● . caxton , polidor , virgil , holinsh. stow , grafton , speed , daniel in the lives of hen ● . k. iohn and hen. . o danicae hist. l. . p. , . ● . p spelm. co●cil . tom . . p. . godwin . catal. of bish. edit . . . p. . q spelm concil . p. , . r spelm. con. p. , . godw. catal. of bish. p. . s spelm. concil . p. , . * goduin . catalog . of bis● . p . u speknanim . concil tau . . p. , . goduin . edit . . p. . x mat. paris , h●st . p. . goduin . catalo . p. . . y antiqu. eccles . bul. p. . see walsingh . hist. angl p. . to . * theod. eccles. hist. . . c. , . object . . x 〈◊〉 fern sect. . ap●eal to thy conscience . answ. reply . answ. * see heb. . . m●tth . . , . a see bodin common-weal l. . c. . l. . c. . hugo grotius de jure belli . l. . c. . sect . to . . & annotata . b part. . & in the appendix . c bodin . common-weal l. . c. l. . c. . d part. . p. . e par. . & the appendix . f livy hist. l. . see the appendix . p . . g macrob. saturnal . l. c. . seldens titles of honour part . . c. . sect . . p. . h aug. de civ . d●● . l . i selden . ibid. plutarchi , iulius caesar , eutropius . grimston in his life . k gal. . . . l ant. iud. l. . c. . l. c. . l c. . & de bel. iud. l. . m mat. . c. . . act . . . c. . . c. . . n ant. iud. l. . to . john . . o ios. de bel. iud l. c. . . . . p see the appendix . * schickardus jus regtum . h●b . p. . cunaeus de rep. haeb. p. . objection . x bodin . l. . c. bilson . part . . ● x an appeal to thy conscience , and many others . answer y sam. . . isa . . . . c. . . ezek. . to . ps . . isa. z ezek. . zep ▪ mat. . . act. . joh. . . to . * pet. . . a rom. . . b john . . c litt●●ton . sect . . & coke ib. p. . d see al● gen. de iur. bel. l . c. . . e antiq eccles . brit. p . f appeal to thy conscience , and others . object . . answ. g see kin. . . to . isai. . . h see gildas de excidio . brit. matthew west . malmsbury , huntingdon , and all our chroniclers . chro. . . ca. . . to . h sam . , , . i king cap. . & . * ioan. ca●●ot , lib. . polycrat . c. . & boc●●llus d●creta , eccles . gal. l. . t it . cap . p. . object . k dr. ferne , sect. , . and others . answ. * seditiones nonfacit , sed tollit quiever ●orem patriae , publicaeque disciplinae co●rcerit , vindiciae . contr . ty●●n . p . object . authority . answ. l see orosi●● , eutropius , paulu● diaco●us , grimston , and others . m see lucas osiander e●chir contr. cap. . de magistratu . polit . n gratian distinct . & causa . . qu . aquinas . . . qu. . artic. . silu. de bello , p . grotius de iur. belli . l. . c . se●t . . p. . nicetas chro. l. . o see w●ls●ngham . hist. angliae p. . to . p contin mat. p●is , p. . q r●ger de hoved. annal. pars post . p. . to . neubrigensis , hist. l. ● . c . r antiqu : eccles . brit. p. . . . e . . stamford , f. * see io : maio● in . scot. disc. . authority . s an appeal to thy conscience . p. . grotius de iure belli , l. . c. . sect . p. . answ. . t the christians then stiled iulian , idolianus , pisaeus , adonaeus , tauricremus , alter hieroboam , achab , phar●o , &c. nazianzen , orat. . & . in iulianum . v exodus , samuel , kings , chronicles , numbers , iudges and the booke of psalmes every where almost . * see zozimen . l. . c. . non gentiles solum , &c. x oratio . . in iulianum p. . authority . y appeale to thy conscience , p. , . answ. . nota. z ps. . authority . a dr. fern● , the necessity of subjection . an appeale to thy conscience . bishop mort●n , hugo grotius , and others . ad demetrianum liber . c lib. . d de civit. dei , lib. . answer . e mr. goodwin his anti-cavalierisme , scripture and reason for defensive armes . f see socrat. scholast . theod. niceph. eccles . hist. fox acts and monuments . tertul. apolog. & ad martyres cyprian ad . martyrei . g see fox acts and monuments , vol. . passim . h nazianz. orat. . in i●●● lianum . s ios●ph . antiq iu. lib. . cap. . lib. . c. . l. c. . dion . hist. ● . stra●o greg. lib. . mac. . dr. heylen history of the 〈◊〉 , p. . cap. . t francisci ● carthagen● regum . hisp. ae●ph . c. . hugo grotius de jure belli lib. . ●ap . . annos ad sect . . p. . & sect . . p . x see grotius ibid. y lucas . osiand . enc●● . contr cap. . z de corona militis . a surius concil . tom . . p. . tom . . p. . tom . . p. . . b apologet. c octavius . d concil . constant . . can . . surius tom . . p. . e tertud . apolog. eusebius , socrates , scolasticus , hist. . f cot. . , iohn . . g doctor fern● resolving of conscience , an appeal to thy conscience , the necessitie of christian subiection , &c. all plead conscience . h see part . 〈◊〉 . p. . . * bochellus decret . eccl. gal. ● ▪ . tit. . c. . p. ● . * bochellus decret . eccles. gall. l . tit. ● c. . p ▪ , . nich. gilles ▪ annals of france . * de potest papae in principes christ. l. . c. . k de lure belli . l. . c. . sect . , . p. . * calvin instit. l. . c. . sect . & in dan ▪ . v. . . osiander in epit. centur. . & . sharpii sympho . p. . , . vindicae contra . cyannos . * see the ungarding of the scottish armor , p. . ●● . * andin . l. iud. , . l the true difference , &c. part . ● . p. , , . . m sl●idan . . . . bish. bilsons difference , &c. part . . p . chytraeus chron. sax. l. . p. , &c. n gen. hist. of france p , the appendix , p , . . . o dino●hus hist gal , l. p. . p fox acts & mon vol. . edit . ult . p. . , , . q fox acts & mon vol. . ed. ult . p. . to . pontaus bohemiae piae , lib. . r grimstons imperiall hist. p. , . to . . to sparsim . s erman . meteranus , hist. bel●ica , grimst . gen. hist. of the netherlands . * grimstons gen. hist. of the netherlands , l . p. , . * si princeps ●yrannus est , iure naturali reliquis omnibus mundi principi●us incumbit illi populo tyrannidem patienti opem & auxilium ferre ; hominum egregiorum virorum ●aec est vera laus , de●us & h●nor . vasquius contro i●l . . 〈◊〉 . r hyeronimus blanca ●●agonens . rerum comment . p. . . 〈◊〉 p. . s quoted by grotius de iure belli . c. . annot. ad sect . . p. . t part. . e● . . p. . to . x isay . . y rom. . . . thess. . . pet. . . notes for div a -e * see the . article of the church of england , & rogers ibidem . * joh. . . * zech. ▪ . notes for div a -e * judg ● . . a plato lege hoc-sanxit , li de ll. si quis privatim sine publico s cito , pacem beslumve fecerit , capitale esto . b page . , , . and elsewhere . * part . & . c num. , , . d see cambdens britannia , p. . accordingly . e see e. . pars . m & pars . m. judge crookes argument against ship-mony , p. . to . f see cambdens britan. p. . * an exact collection of all remonstrances , &c. p. , . * part. . p. , . part , . p. . to . nota. notes for div a -e object . . see the kings declarations and proclamations against this and other assessements . answer . see sir edward cookes iusti●ut , on mag. charta , and these laws articuli super chartas , confirmatio chartarum , part . . rastall accusation , , , . * restall tenths , taxes , &c. . object . answer . * see . h. . c. . * part . pag. , , . * see part . . p. , , , . * e. . c. . * . e. . c. . the king then absent in france . * . e. . c. . mar. e. c. . . jac. c. . * jac. c. . . car. c. . * car. c. . . jac. c. . * see restall . taxes , &c. throughout . * matth. paris , hist , angl. p. , , , . daniels hist , p. . * walsingham . hist. angl. p. . holinshed , gra●ton , and daniel , p. . * mr. hack●●ls manner of passing bils , s●ct . . p. . * see part . . p. , , , , to . * see part . . p. . . * fitzh . assise . auowry , . prescrip . . br. custom . . ruchin . . . . co. . rep. . to . see rastal . title corporations . * judge crookes argument against ship-money . p. , may . . a cook . report . fol. , . b cook . report f . c cook 〈◊〉 fol . d register . fol. . fitz. natur . breu. fol. . cooke , l. . fol. . e part. . p. . . , , part . . p , &c francis , then his catalogue of protectors , in holinshed , p. &c f de iure belli & pa●is , l. . c. nu . . p. . g vindiciae contr . tyrannos , qu. , . h . h . . . e. ● . e . br. cu●●ome . trespis . dyer . . * cook . rep. f ▪ , . ash. title sidents . l see the remonstrance of the rise and progresse of the irish rebellion and romes master-peece . * see metranus and grimst●ns generall history of the netherlands . * see the relation and proceedings of the irish assembly at kilkenny . the parliaments remonstrance of the rise and progresse of the irish rebellion . * see the irish excise . * see part . p. , , &c. a e ▪ c. , . 〈◊〉 rec . p. , , , . b matthew pa●is . p . . speed. p. . c r●ge● h●veden , annal. part . past , p. . dunial . p. . object . . answ. . * see cromptons iurisdiction of courts , f. , , , . hollinshead . p. . ferrers cas● , dyer . . e. . . . h. . , . d fortescue , l. c. , . , cromptons iurisdict f. . h. . f. . . brooke paerag . . e littleton and cooke institutes h. . a . b. h. . . a. f levit. . & . g register . par . . f . fitz. nat. bre. f . h iac. c . h see magna char c . cookes ●●titute● on l●●●-leton . f ● a. b cook. ibid. i see wa●lsing . da●●d , s●eed , 〈◊〉 ●●n , in the . & , e . h● rec . p p . , . ex●●lium ●ugoas 〈◊〉 . e. . e. . cap . ●●a●sing . hist. ang. ●● ●●podig . neust. p. ●● . hol●ng p. . speed , p. k . e ● . cocks instit. f. ● l walsingham , speed , grafton , trussel h●ling . in and r. . h. . b. ● h. . a. e. . c●i invita m regist fol. . b cooks . instit. f . m regist fol. . b cooks . instit s . n see part. p. ● . fitz. ayde l● rey. . . . . . h. . c . h . c. . . & . ph. & mar. c. . ( see . iac. c. . ) * . eliz c . iac. c. , , . * alber. gent. de iure belli , l. . and hugo grotius , de iure b●li . l cap . . . &c. o see albericus gentilis , de lur● belli , l. . c . . . l. . c. & . hugo gretius , de iure belli , l. . c. . to . p see part. . p . part. . p. , , fabian . part . . p. . q matth. paris , hist. p. . to . daniel p. , , . part. . p , . r cook repub . f , , iames bagges case . s matth . . t ciero de officiis , l , . aristot , polit. l. . u see part. . p. . to . x fabian . part . . p . y matth. paris p . z matth. par●● hist. angl p. . graston , p. , . * matth. paris , hist. angl. p . * see . r. c. . . h. . c. . . h. . c. . * a . ass. . ●ss . . . ass. . ass . . e. . . fitz. a●taint . . * matth. paris , p. . * annal. pars ●osterior p. . . . . * in the life of richard the first . * see part . and . * john . , . c . . * cor. . tim . . fitzh 〈◊〉 , brook and ash , title excommengment . summa angelica , rosella and others , tit. excommunication . * d. l. omne delictum ● s●ct . qui in acie rebuff●sin l. liberorum sect . etenim . henricus bocerus , lib. . de bello , cap. . p. , . * diodorus sic●dus bibl. hist. l. . sect . , . p● . * see her● part . . p. . * walsingham . hist. angl. pag. . * dani●ls hist. p. . * d. l. . sect , is qui ad hostem . henricus b●ce●us de bello . l. . c. . p. . * walsingham . bist . angl. p. , . see rastall . captains and souldiers . cook . rep. f. . * the generall history of spain , l. . p. , . notes for div a -e see camb. br. math. westm. polychr , fa●i●n , holinsh. speed . gra●ton , grim●on . livy , rom. hist. l. . plut. romul & numa pomp. dionys . hal● antiq. rom. l. ● munster cosmogr . l. . c. . p. . plutarchi numa pompil . dionys. hal. l. . sect . ● . livie rom. hist. l. . p. . . edit francofurti , ● . di●nys . hal. l. . sect . ● . livie rom. hist , l . p. ● , . livie , l. . p. ● . dionys. hal. l. . c. . livie l. ● . p. ● . dronys hal. l . c. . livie l. ● p , . dionys. hal. l. . c. . ibid , p , , dionys hal l. . c. , . ibid. ibid p. , , , ● ionys hol●icar . l● . c. . to the end . livie l. , p. ● . . dionys. hal , l , , ● , , l. . c. . de officiis l. . livie l , . p. . dionys. halicar . l. , c. , . livy ibid. p. , . dio●ys . hal. l. . c. , . antiq. ●om . l. . sect . p. , , . historiae , l. , p. , , , hist , l , , & , l , , p , , ge , dierum l , , c , , l , , c , , f , , , com. weal , l , , c , , rosi●us , godwin , and others : and mun●t , cosmogr , l , , c , , p , , , & c , , p , , liv , hist , l , , p , , with the other forecited authors . nobis eadem vi facitis irri●am , qua peperis●is , liv , hist , l , ● , p , ● , common wealth , l , , c , , & l , , c , , see mun●● , cos●●og , l , . c. gr●mstons imperiall historie , suetonius , dion cassius , herodian , eutropius , zo●aras , sabellicus , chronicon chronic●rum , opmecrus , speed and others in these emperors l●ves , and others . grim. impe . hist. in his life , p. . . muns●er cosm. l. . c. . p. . grim. impe . hist. p. . commentar . l. . f. . see eu●ropius , sabellicus , zonaras , grimston , munster , in his life : paneg ▪ trojazo dictus . in vita trajani . eccles. hist. l. . c. . hi●●ory of gr. ●rit . p. . grimstons imperiall hist. in his life , p. munst. cosm. l. . c . grimstons ●mperiall hist. p. . . hist. l. . p. . . grimston , ibid. p. . tom . . munster cosmogr . l . c. . grimston , suetonius , eutropius , zo●●●ras volateranus , sabellicus , math. westm. polychronicon , opmeerus ch●on chronicorum , speed , and others in his life . grims●●● , ●utropius , and others in his life . grimston● imperia●l hist. p. ● . m●nster cosmog . l. . c. . p. . grimson ib. p. . aelii lampridii heling abalus , zonaras , sa●ellic . and others . grims● . in his life p. , to . ●ith iul. capitol , sabel●i●us , munster , and others . grimston p. . see munst. cosm. l. . c. . zonaras , n●uclerus , sabe●luus grimston , and others . ioan●es zonaras , annal. ●om . . p. ● . grimst . p. . ●●utropius , l. ● . p● . see munstericosm l n c. . throughout . zonaras ib. grimst . p. ● . and munster , l. . c. ● ● zonaras . tom. , f. . zonaras ib. f. 〈◊〉 . grimst . p. . zonaras ibid. f. . zonaras ib. f. , ● , ● . grimst . p. . zonaras ib. ● . . . grimst . p. . grim. p. . z●n●r . f. des●x aeta●e mundi . in philyppito . l , . c. ● . an. . zonaras tom. ● , f. zonaras , b●d , f. ● see zonaras . ib. f. nic●tae chroniatae , ann. les f. . munst. cosnog . l. , ● . , . muns●eri cosm. l. , c. . see bishop bilsons true difference & c● part . . p. , to 〈◊〉 . zonaras annal. tom. . f. . cuspinian● in annastatio . zonar●s tom. . f. . see ( q ) before . zonaras annal . tom. . f , , . grim. impe . hist. p , , , see mun. cos● , l. , c. , & l , , c. ● . decad. . l , . . enead , ● , ●● . b● . bilsons true diff●rence between christian subject● on and unchristian rebellion p , ● . to . nauclerus vol. genera●●o , an. . sigebext . chron. an. , aeneas s●lvius de author . rom , imperii c ▪ munst. cos●og . l , . c. ● . i● leone . decad . l. . vol ▪ ▪ gen , , an , ● . ●nead l , . annal , ●ojerum , l. . f. . anno ● . l. . c. , de author● rom , imp. c. . see av●nti●e , an , l , , f , . &c. and bishop . bilson ( z ) before iacob v●●d . de dignitate regum hisp c , . munst. cosm. l. . c , , . see speeds hist. p , ● to . the true difference between christian subiection and unchristian rebellion . part . , p. . cassanaeus catalogus glorie mu● di pars , consid . , p , , . see munst , cosm. l. , c , , and grimstons imperiall hist. grimst . imp. hist. p , , . , . . munst. cosm , l , , p , , to . see grimst . abas vspergensis , naucl●rus , rerum germanicarum scriptores , munst cosmagr . l , bp. lewels veiw of a seditious bull. and others in their lives , and iohn white his defence of the way , c , , p . to . grimst . imp. hist p , , munst. cosmog . l , , p , , herm●ld● chron : slauorum l. , c. , iean crespin le state de le glise p. . munst. cos. l , , p , , . grimst . im. hist. p , ▪ , . iean crisp. le state de le g●ise . p , . grimst . imp. hist p , . . munst. cos. l. . c. , p , , l , , p ▪ , to . grimston . p , , . cosm l. , p , , to . imp. hist. from charles the great to the end . common wealth , l , . c. . p. . . bodin com. l , , c , , p. ● , &c. cicero oratio pro rabirio , perd. reo . of the difference between christian subjection , &c. part . . p. . to . catalogu● gloriae mundi . pars . . consid. . p. . resolving of conscience sect . . . . a revindication printed at cambridge . . and other late pamphlets . cassanaeus catalog . glor●ae mundi pars . . consid . . & iacobus valdesius de dignitate regum regnorumque hispaniae passim . e. . . error , ● . fitzherbert petition . the petition of right . car●li . see ashes tables annuity . amerciament . . entr . congeable . entrusion , petition and traversedes offices throughout & habeas corpus hieron . blanc● . aragon . rerum comment . p. ● . . . . . to . prov. . . rom. . . psa. . , . exod. . . ioh. . , . rom. . , , , . tit. . . tim. . . prov● . . . deut. . . chr. . , . b. iewels veiw of a seditious bull. dr. crackenthorp of the popes temporall monarchy c. ● , , , , . cassanaeus catalogusglori● mun di pars . . cons . see b●laeus de vitis ponti●●cum . morne●● misterium , and ●ere , part . bp. iewells veiw of a seditious bull. matt paris . and speed , in king iohns life : bp. bilsons true diference , &c. part . , p , , to . saxo grammatticus hist. da●i● l , ▪ p , , . bp. bridges his supremacy of christian princes . p. ● . oratio pro deiorato rege . p. . iosephus antiqu. iudaeorum , l , , c , ● . alexander ab alexandro gen. dierum . l. , c , , f. ●● . alexander ab alexandro ibid. stra●o geogr. l , , p. , . grimstons imperiall history , p , . munsters geogr. l. , , , p. 〈◊〉 . gen ▪ hist , of france . p. ● . matth. par. hist. angl. p. , , . gen. hist. of france . p , . speed , p. , hect. boetius , l. . walsing . holins . fabian , gra●t . and others . speed , . . cambd. esiz. holinsh. stow , martin , buchanon . polit. l. . c. , p. . . and l. . c. . p. . hist l . p. . &c. polit. l. . c. . . and l. . c. , . polit. l. . c. . , , . polit. l. . c. p. ● . polit. l. . c. . p. , . hist. l. p. . antiq. rom. l. . sect . . p. . hist. l. . p. , . genial dierum . l. . c. . f. . & l. . c. . f. . de moribus gentium . see xenophon hist. graec. l. . p. & de laced , repub . p. . pol. l. . c , . commonw . l. . c. . p. . . regi in exercitu nihilrestat negotii , quàm ut rerum divinarum respectu sit sacerdos , humanarum vcro imperator , xenophon lacede . resp. . plutar. apotheg . p. . polit. l. . c. . p. . de agesil . reg p. . xeno . de lacedem . repub. p. . alexan. ab alex. l. . c. . f , . caelius rhodig , antiq. lect. l , . c. . alexan. ab alex. l. . c. . f , . caelius rhodig , antiq. lect. l. . c. . plutarch . de virtutibus mulierum , p , , . alex. ab alex , l , . c , , f , . strabo geog l. . p . al●x , ab alex. l. . c. . diod●rus siculus bibl. hist. l. . c . p. , . alex. ab ale. l. . c. f . diod. sic. bibl. hist. l. . p. . strabo geogr . l ● . p. alex. ab alex. l. . c. . munst. cosmog . l. . cap. . boe. de moribus gent. l. . c. . p. . hist. danic● , l. . p. . alex. ab ale. l. . c. , f . alex. ab ale. l. , c. . munst. cos. l. . c. . p. . munst. cos. l. . c. . p. boe. de morib . gentium . l. . p . alex ▪ ab ale. l. . c. . f. . gen. dier . l. . c. . & l. . c. . geog. lib. de meribus gentium . ind. hist. pilgrimage and voyages , merula , munst. gotard . mercator , nov. orbis . died. sicul. bibl. hist. l. . c. . p. . boem . de moribus gent. l. . c. . p. . fortes . de laud. leg. ang , c. . boem de mor. gent. l. . c , ▪ p. . bibl. hist. l. sect . . p. , , . boem . de mor. gent. l. . c. . p. , . fortes . c. . memorabi●ium , l. . p . de laced . repu . p. , . hist. l. . p. , to . munst. cosmog . l. . c. . p. bodin commonw . l. ● . c. . p. ● . apolog. adv . gentes . see liv● passim . annaliuml . . commonw . l. . c. . p. . hist. rom. l. . & . commonw . l. . c. . p. . pars . consid . , , . p. . &c. cassan. ibid. & bodin commonw . l. . c. . . l. . c. . l. . c. . commonw . l. . c. . p. . fabian . pa. . . . par . . p. . . . , . par . . p. , . , . andrew favins theatre of honor , l. . c. . munsteri cosmog . l. . c. . p. , . paulus aemylius , l. . macutus atlas , p. , . bodin commonw . l. . c. . paulus amyl l. . gaguinus and the generall history of france in his life , iean crispin lestate de leglise . . fabian , par . . c. . p. . munsters cosmog . l. . c. . . h. . f. . &c. hist. p. . , . . &c. fabian . pa. . c. . gagui . emyl . the generall hist. of france , crispin , munst. and others in his life fabian , pa. . c. . . gaguyn . emyl . the gen. hist. of france . fabian part . . c. . gag●ianus , paulus aemylius , crespin , the generall hist. of france . fabian . part . . c. , , . gag●inus , aemylius , crespin , the generall history of france , in his life , and the life of childeri●us . fabian . part . . c. , . gaguinus , aemylius , crespin , the generall hist of france . fabian . part . . c. , . generall hist. of france , gaguinus , aemylius , crespin , turpin , chronicon . chronicarum , sabellicus , opmeaneus , in the life of childericke and pipin , aventius annal. boyor . l. . an●onini chron , tit. . nu . . sect . . munst. cosmog . l. . c. . ●ish . lewels reply , p. , , . bishop bilson of christ. subiection &c. par . . p. to . blondus decad. ● . l. . nauclerus , vol. . gen . . regi . no , l. . an. . papprius masson , an. in child . p. . aynion . gest. fr. p. . annal. boiorum , l. . p. . la●●bards archaion , f. fox acts & mon. vol . edit , ult . p. . antonini chron. tit. . . n. . sect . . f. . blondus decad. . l. . sabellicus enead . . l. . gaguinus l. . in car. martel . nauclerus vol. gen . . gratian. caus. . qu. . platina in zach. . frisin . l. . c. . fabian , part . c. c. . p , . amonius degest . franc. p. . hist. l. ● . p. . though that of plinius secundus , panegyr . traiano dictus , p. . be true , quod aequiore animo ●erunt homines quem princeps parum faeliciter genuil quàm quem malè elegit . polit. l. ● c. . chron. tit . . c. . sect . . f. . of christian subiection , par . p. . fab. par . . ● . . gaguin the gen. hist. o● france . fab. par . . c. ● . grimst . ●mper . hist. p. , . gaguin ▪ the gen. hist of france , turpin antoninus , munst. crespin , papyr . masson , and others . fab. par . . c. . gaguin . gen. hist. of france . fab. par . . c. . gaguin . gen. hist. of france , herma-schedel , crispin and others . fabian . p. . c. ● , . , . gaguin . turpin , general hist. of france . fab. par . . c. . . gaguin . turpin , chron. chron. opmerus , crisp. gen. hist. fran. fab pa. . c. , . gaguin . the. gen. hist. of france . turpin thea● . of honor , l. . c. . fab. pa. . an. . p. . fab. pa. . p. , . &c. gaguin . fab. pa. . p. , . the gen. hist. of france . fab. pa. . p. , . gagu . gen. hist. of france . bodin . common●cal . l. . c. . p. . see the generall hist. of france in his life . fabian . part . . p. . , , . speeds hist. p. , , , , . halls chron. . h. . see the generall hist. of france , and gaguinus in the life of iohn . fabian . part . . p. , to . gaguinus , the generall hist. of france , in the life of this philip and king iohn . note this . so it hath been co●ceived by some , the king by law might do this in england but sir edward cooke in his institutes on magna char●a , f. . to ● . hath largely proved the cont●ary ; that the king by his prerogative and proclamation cannot alter , enhanse or abase his coyne , but in and by the parliament onely , because it is contrary to sundry statutes , it is the sinues and life of trade , and every mans estate consists in it , and so all have a common interest therein , which cannot be altered but by common consent in parliament . fabian , part . ● . p , , , . generall hist. of france , gaguin ▪ and others . fabian . part . p . se● p. , . , , &c. , , , , , . walsing●em , hist. angl p. , . fabian . part . . p. . , , , , , . the generall hist. of france● gaguin● and others in his life . fabian . ibid. generall hist. of france , p. . , , . chron. . & . . h. . hist p. . to . fabian . part . . p. , , . generall hist. of france , holingshed , fabian , walsingham , graf●on , hall. fabian , part . . p. , . generall hist. of france , hall , holinshed , speed. fabian , part . . p. . , ▪ ● . generall hist. of france . fabian . part . . p. , , , . phili. d● com. l. . c. . phili. d● com. l. . c. . note note . gen. hist. of france . p. . . gen. hist. of france . p. . to . grimst . imper. hist. p. , . not● matthew paris , p. , . the generall hist. of france , p. . to . note . generall hist. of france , , &c. & richardus dinothus de bello civili gallico religionis causa suscepto . l. , , , . speeds hist. , . k. lames answer to cardinall peron . gen. hist. of france . p. . fox acts and● mon ▪ vol. . p. . edit . u●t . gen. hist. of france , p. . generall hist. of france , p. , &c. gen. hist. of france , p. , . mounsieur daubern . the generall hist. of france , p. , , . g●n . hist. of france , p. , , , , , , , , , , , , , , , ●o . gen. hist. of france● , p. . ● . gen. hist. of france , p. . , , , , , . gen. hist. of fr. p. ▪ , . gen. hist. france , p. ▪ the continuation of the life of lewes the thirteenth , p. ● . to ● . ibib. p. 〈◊〉 . . . . 〈◊〉 . . . . ibid p. ●● ▪ ● ● , ibid p. 〈◊〉 ● . lib. . c . p. . to . note . continuation of the gen. hist. of france , p . to . ibid p. . to . see the synopsis of his life . catalogus gloriae mundi , pars . . consid. , . andrew favne thea●e of honour , l . c. . see camillus barellus de regis catholici praestantia , &c. ge●erall hist. of france , p ● . see ioannis mariana de rege & regis , iustit . l. ● . c. . p. . hieron . blanca rerum arag . comment ▪ see concil . toletanum . . surius , con. t. . p. ● . ioannis pistorius hispaniae illustratae tom. . leges wisigothorum , l. ● . c. p. : iac●bus valdesius de dignitate regum , regnorum● , hispani● , pars . . c. . p. . michael ritius de regibus hisp. l. . gen. hist. of spain , l . ● . , . part. . ● . & fox acts & mon. vol. . p. . . lib. . de ●egum , 〈◊〉 . ●●p . . p. , &c. not● . de rege & regum instit. ● . c. . the gener●ll hist. of fran●e , p. , , ● ▪ . see doctor iohn white ●is defence of the way , c. . where their words are quoted for tyranny and mis-government . the gen. hist. of france , p. , . , , , , . of christian sub●ection , &c. par . . p. ● , , . munst. cos. l. c. . p. . roderici archi●p . to●etani de rebus hisp . l. . . l. . c. ● . ● . gen. 〈◊〉 . of spa. ● rodericus toletanus de rebus hisp. l. . c. . r●der . tol. l. ● . c. , . mu●st . cos . l. . . . gen. hist. of spain . l. . 〈◊〉 cosmogr . l. . c. . p. . gen. hi●t of ●pain . censure in f. ioseph● teixerae libellū c. . to . de vera . regum portugalium geneologia , lib. in the . tom. of icannis pistorius hispaniae illustrat●e . lib . p. . i●annis mariana , de rebus h●sp . l. . c. . . see procopius , vand . 〈◊〉 l. . c. . l. ● . c. . gen. hist. of spain , l. . p. . , , , , ro●san hist. hisp● pars . in their lives , ioan mariana de rebus hisp. l. . & . gen. hist. of spain , l. . p. . . rod. sanct . hist. hisp. par● . c. . . gen. hist. of spain , l. . p. . gen. hist. of spain , l. . p. concil . toletanum ● . c. . surius concil . t●m . . p. . surius concil . tom. . p. . . mariana de reb. ●isp . l. ● . . . surius concil . tom . . p. . ● . mariana de rebus hisp. l , . c. . gen. hist. of spain , l. . p. . . rod●● . san . hist hisp. par . ● . . . surius concil . c●m . . p. . mariana de rebus hisp . l. . c. , , . surius concil . . p. , . mariana de reb. hisp ▪ l. . c. . generall hist. of spain , l. . p. . gen hist. of spain . l. . p. ● , . rod sanct. hi●● . hisp. pars . . c. mariana de rebus hisp. l. . c. . gen. ●ist . of spain , l. . p. , , rod. s●●ctius , hist. hisp. par● . . ● . . mariana de rebu● , hisp. l. . c. ● , , . 〈◊〉 , gen. ●ist . of spain , l. . p. , , rod. 〈◊〉 , hist. hisp. part . . c. . mariana de rebus , hisp. l. . ● . , , . ill●stratae , in 〈…〉 hist. tom. . p. 〈◊〉 . surius concil . tom. . p. , . legis wisigoth . l. ● . c. . p. . and l. . c●● . p . procop. vand. . amon l. ● . c. . l. ● c. . 〈◊〉 . de enc. belli ▪ l. . c. . sect. . gen , hist of spain , l. . p. ● , , , , , . mariana de r●bus , hisp. l. . gen hist. of spa l. ● . p. gen. hist. of l. . p. . . mariana de rebus . hisp. l. . c. . ioan. vasaei hisp chron. an . p. . gen. hist. of spain , l. . p. . mariana de rebus hisp. l. . , , . de rebus hisp. l. c. . li● . ● . p. gen. hist. of spain , l. . p. gen. hist. of spain , l , . p. . hyeron . blancae arog●n . rerum . com. in s●nct . . p. . gen. hist. of spain , l. . p. . gen. hist. l. . p. . to ●oan mariana de rebus hisp. l. . c. . rod. sanct . hist. hisp. pars . c . gen. hist. of spain , l. . p. , . to . rod. sancti ●ist hisp pa●s . c. . mariana de reb. hi●p l. . c. . gen. hist. of spa. l. . p. . to . . . . g●n . hist. of spain , ● , p. . mariana de reb. hisp . l. . c. ● . gen. hist of spain , l. ● . p. . . l. . p. ● . . . . ● . , . gen. hist. of spain , p. , , , . gen. hist. 〈◊〉 spain , l ● . p. . gen. hist. c● spain , l. . p. . . gen. hist. of spain , l. . p. , . gen. hist. of spain , l. . p. . gen. hist. of spain , ● . p. , , . gen. hist. of spain , l , . p. , . gen. hist. of spain , l. . p. , ● , . gen. hist. of spain , ● . . p. , . gen. hist. of spain , l. ● . p. . to . h●ero● . blanca . rer. arragon . com. p. ● . gen. hist. of spain , l. . ● . , , . rerum arragonens . comment . in pet. . p. . gen. hist. of spain , l , . p. . hyeron . blanca arrag . rerum com. in apph. . p. . . gen. hist. of spain , l. . p. , . gen. hist. of spain , l. . p. , to . gen. hist. of spain , l. . & . pass●● . gen. hist. of spain , l. . p. , , . gen. hist. of spain , l. . p. , , . gen. hist. of spain , l. . p. , , l. p. , . gen. hist. of spain , l. . p. , . gen. hist. of spain . l. . p. ● . gen. hist. of spain , l. . p. . l. . p. . which you may read at large , gen. hist. of spaine , l. . p. . . gen. hist. of spain , l. . p. . gen. hist. of spain , l. . p. , , , , , to , . dr beards theatre of gods iudgements . mariana and others . gen. hist. of spain , l. . p. . gen. hist. of spain . l. . p. to . see mr. seldens titles of honour , part chap. . pag. . to ● . lib. . c. o● l. . c. . de iure belli & pa● is , l. . c. . sect . . p. . vandal . . grotius , ibid. precopius goth. . excerpt . dionis , & gretius , de lure belli . l. . c. . ad notata sect . . p. . paulus wiarnafred l. . & . ammiannus lib. . loanicus chalcochondyles ioan , leo li. generall history of spain , l. . to . passim . solinus l. ● . groti●s de lure belli l. c. . sect . . p. tacitus de mor. germgretius ibid. dionis . hal l. . & ● . si contra foras aut libertates regnum a sepremi in suturum continger●● , alium sive sidelem , sive insid●lem regem ad 〈◊〉 endum li●er ipsi regno aditus , pa●●● et . see ioannis de laet hispan . descr. p. c. . p. . pag. , , , , to . quaest. . p. , . franco-gal . c. . p. . . de iure magist. in s●bditos , p. , . see mr. seldens titles of hon. par . . c. . sect . . p. . to . common-weal , l. . c. . l. c. . rerum vngarica ●um scriptores , nuholaus ●sthuansus de rebus vnga●ic . hist. l. p. , . eodin . de rep. l. . c . bonsinius ; decades rerum vngar carum , munst. co●mog . . c. , . respu● & status hungariae , an. . de 〈◊〉 migist . ● subditos . iohn de t●wrocz . hungar. chron. c. . p. . see grimstons imperiall history , p. chytraeus chron. saxoniae . grimston imp. hist. p. . . grim. p. . grim. p. . saxagrāuma ticus danicae hist. l. . p. . see bartholdus pontanus bohemiae piae l. . . & pauli geschinii majeas . carolina . pauli stransbii . respub . bohemioe c. . sect. . . p. . . . . munst. cos●● l. . . c. . . burcholdus pontanus bohemiae piae . l. . . gen. hist. of spain . l. . p. ● . paulus stransr●pub . bohem. c. ● . de principibus regibusque 〈◊〉 mu●●ter pontanus quis . see aeneas silvius hist. bohem. fox acts and monuments vol. . p. . to . pontanus bohemiae piae , l. . . grimstons imperial hist. p. . grimstons imperiall hist. p. . . page . to . pauli strankii resp. bohem . c. . . , . see munst. cosmog . l. . c. . . . munst. cosm. l. . c. . ● . martinus chrom●us de rebus polonorum . heylins geog. p gaguinus chytraeus , and others . david chytraeus , chron. sax. l. . p. . . . . . . grimstens imperiall history . p. . . chytraeus chron. sax. l. . p. . . l. . p. . . & l. . . &c. p. . . chytraeus chron sax l. l. . , . grimst . imp. hist. p. . . part . p. . . henrisus ranzovius , commenr . bellicut . l. . c. . common-weal . l. . . . l. . c. . danicae . hist. chytr : chron : saxoniae . munsteri cosmogr . l. . c. , , , to . iohannis magnus , hermoldi chron. slav●rum , , sac . pontanus rerum danicorum , hist. chytr . chr. sax●l . ● . p , ▪ to , , . o●aus magnus , lib. . c. . p. . de ●ure magist in sub p. ● . ●ucanon de ●ure regni apud s●otos dr b●ards theatre of gods ludgements . l. . c. . p. , . chron , sax. l , , p , , to . 〈◊〉 the oath of the king of su●den : nota. cosmog . lib. . cap. , , . gul. ne●brig . lib. . cap. . cosmog . lib. . cap , , , , . heyl. geogr. pag. , . chytraeus chron. sax. hermold . chron. slau●rum . ioannis magnus hist. goth. swedorumque . guagn . compen . & chron. chy● . chron : saxo. lib. . pag. . chyt . chron. saxo. lib. , . p. , , , , , , &c. heyl. geog● . pag. . munst. cosm. lib. . cap. . munst. cosm. lib. . cap. . mach. hist. heyl. geogr. p. , . heyl. geogr. p. , . generall hist. of spaine , lib. . p. . ioan. crespin , l'estate de leglise , pag. . the venecian history . com. lib. . . . pag. . distinct. . quest . . art. . qu. . pol●● . lib. . cap. , . variae hist. p. , , , , , , , , . see . maior hist. buchanan . rerum scot. l. . p. , . hector boetius ae rebus scoticis fordon . his scoti . chrocicon , polychronicon & fabian ; mattheus westminster . holinsheds history of scotland . buchanan . l. . p. , , , , ▪ notable dissimulation . buchan . l. . p. , , , , , , . graf●on , part p. , , part . . p. , , , , , , . buch. l ▪ . p. . . . . ▪ graft ▪ part . p. . . gra●ton par● . p. . . . . buch. l. . p. . . . l. p. . . . . . . . . . . &c. . . buch. l. . p. . to . heylins geogr p. . . bu●h . l. . p. . wal●ing . mat. westm. fabian holin . speed , graft . daniel in the life of k. edw. the . wal●ingham ypodigma p. . buchanan l. . . . . p. . . &c. . . buchanan l. . p. . to . . to . heylin p. . buch. l. . to the end of . holin . chytr . chron. saxon. l. . p. . . ● . . speed , in the life of queen mary , and queene elizabeth cambdens elizabeth , and others . see knocks his history of scotland . rerum . scot. hist. l. . . . . . . rerum scot. l. . p. . . dan. . . to . see cunaeus de repub. heb. l. , c. . ius . regiu●● heb. see steph. iunius brutus . vindic. contra tyrannos , q . p. . to . . de iure magistr . in subditos , p. ▪ . sam. ▪ , , to ▪ sam. . , . to . san. , , , . sam. . ▪ . sam. . . to . sam. . . to . king. . . to . chron. . . c. . , , , . c. . , . chron. c. . & . chron. . . to . chron. . . king. . . king. . chron. c. . v. . antiq , iud. l. . c. . antiq. iud. l. . c. . king. . . to . king. . , , , to . king. . chron. . . & . iose ius antiq i●d . l. . c. . chron. . . c. . . king. . . , . king. . chron. . ▪ king . . . chro. . ● . chron. . . king . . . d ee . ●ure ma●istratus in subditos : & ●unius brutus vindiciae contr . tyrannos qu. . . . passim . see ●●mius brutus vindic. contr. tyran . qu. . . p. . to . , , . where this is largely manifested ; & de iure magistratus in s●bditos qu. . p. . , . antiqu. iu. 〈◊〉 c. . explanat . artic. . tom. . ● . . true difference between christian subiection , &c. part . . p. , . part. p. . sam. . , . sam. . , , , , , . sam ▪ . to . sam. . . to . ps . . to . king. . . chro. c. & . & . 〈◊〉 de repub . hebr. l. . c. . . ioseph . antiq. lud l. & . paul eber . lestate de la. religion & repub. du peopl . iudaeique . kin. . . chron. . & . king. c. . & . king. . . to . king. . . c. . , to . king. c. . to . king. . . to . king. ● . . c. . . . king c. . & . king. . . kings c. , to . kin. . king . . to . king. . . . chron. ● chron. . chro. . . to . chro. . chron. . chron. . king. . & . & . kin. . , . chron. . c. . . . c. . . chron. . , to . kin. . , . chron. . c. . . . c. . . chron. . , to . deut. ● . . to . iosh ● . , to . chr. . to . sam. . . to ● . chr. c ▪ , & . chr. . . . . chr. . . to ● . chr. ● . . & . . chr. . . king. . . . chr. . . c. . . to . c. . . chr. . . . . . ezra . . nehem. . . c. . . to . deut . & . iosh. . . to . iudg. , & . chr. . . king. . . chro. , , , , . de iure in magistratus in subditos , p. . to . explanatio artic. . & lib. . epist. zuing. & oecol . f. . vindiciae contra tyrannos , quaest . . p. ● . page . to . instit. i. . c. . sect . . the true difference , &c. part . . p. , . so sam. . , . david being like to be slain by ishb●●enoh the gyant whom abishai slew . the men of david swar● to him , 〈◊〉 , thou shalt go no more out with us to battell , that thou quench not the light of israe ▪ chron. . , to . chron. . ● . . the third part of the true difference between christian subiection , &c. p. . . antique . lud . ▪ . c. . cunaeus de repub. heb. . . c. . p. . . . explanio artic. . tom oper. tiguri , . f. , . quaest. . p. , to . ● chro. . . chr. ● . . sam , . ▪ chron. . . neh. . . ier. . . ier. . & iun. ●rutus vindic. contr. tyrannos qu. . p. , ● , albericus gentilis de i●re belli l. . c. . p. . ps. . , . ps. . . ps. th● oug●o●t . sam. . . king. . . . chron. . . chron . . chron. . . to . ezra . &c. neh. . . c. . . to the end . isay . . c. . . c. . . sam. . . ezek ▪ . , . isay . . c. . , . zeph. . mi●● . . . to . ezek. . . to . isa. . . to . object . . com. in ps. . & epist. ad rusticam . in psal. . in psal. . grotius de iure belli & pacis , l , . c. . sect . . p. , . answ. sam. . . chron. . . deut. . . . ezek. . . . prov. . . cor. . ● . see grotius de iure belli , l. . c. . s. . marius salamonius de principatulib . rebuf praesat . ad rubr de collationibus , p. . in ps. . marlorat . mollerus , musculus , calvin , bredenbachus , brentius bucunus , brero , bugenhag . fernerius , haymo , gu●lter , roll●c , savanoerola , scul●etus , oilbert cognatus , westhemerus , zegodinus wolfg. seberius in psal. . rom. . . . . c. . . ● . . . c. . . cer. . . ioh. . . sam. . . to . sam. . & . , . psal. . . psal. . , . see de lure magistratus in subditos . p. , . isay . . rom. . . . sam. . psa. . ● , , . hugo grotius de lure belli & paci●● . . c. sect . ; p. . object . answ. . antiqu. iud. l . c. . sam . p s. . . pro. . isay. . . . chron . . exod. . . deut. . . king. . to ● . antiqu. iud. l. . c. . . observ. . ● p ▪ . , . part. . p. , . part . p. ● , to . herod . l. . cicero , l. . offic ▪ livius , l. . see here , par . p. . to . analas gilly . observe . . num. ▪ , . peneg . tr●ian di●tus ▪ barclay l. ● adver . monarc● c. . l. . c. . . quoted by grotius . vindi●iae contr. tyrann●● printed . quaest. . p. . ▪ to . gen. . . dan. . . dan . . hotomani franco-gallia , c. . gen. . and . har. p. ● . esther . arist. p●li● . l. . c. . & . . c. . herodian . l. . in orat maximi & albi●a●l milites . sp●●●ulum saxonicum . a●monius , l. . c. . in ca●olo caluo . s●e holomani franco gallia , ● . , , ● . &c. p. ●il●us . sam . inst quibus ●mod . in patriae ●ot solvitur . reuatus , ●happinus . aimo i●ius . caesar , l. . & . de bello gallic● . note . note . note . l. proponebatur , . d. de iud●ciis , l. quires suas . parag● . ult . de solation l●inter stipul . . parag . sacram. d. de verbor ▪ oblig . v●pian . de reg. iuris , l. . observ. . in his speech in parl , in his works , p c a collection , &c. p. , , and elsewhere . l. c. . l. . c. . l. . c. . c. . to . see cooks epist. to the . report . & calvins case . par . . & . fox act ▪ & mon. edit . . in one vol. p. . from henry the eight and his councell . ponet . p●lit . government . p. . dolman . p. . and others . plinius . panegyr . traiano , dict eccardus , de lege regia . in philos●rato , l. s & eccardus de l●ge regia . dionys. hall car . l. ▪ eccardus de lege regia ▪ iunius brutus p. . observ. . ioannis maior distinct. . qu. . lau. bochellus decreta eccles. gall. l tit. . c. . p. ▪ vindicae contra tyrannos ▪ qu . p. ● ▪ , . innoc●ntius ad regen . tarrat . in c. quando de iure iurando . observ. . observ. . see h●nricus bocerus lib. . de duello , c. . . that the civill law concerning iusts , is contrary , yet the ca●●● law prohibiting iusts , upon● pain of excommunication , accords with the common ▪ law. observ. . part. . p. ● . part . . p. ● . to . rom. . f. . ● . and trans●●i●in m. seldens titles of honour , first part. chap. . p. , . l●bene a zenone c. de●quad . praest . l. vivis , de quaest . mag. l. c. l. fiscus d. de iure fisci . l. cum servis . to ●lt . d. de leg. ● . l. vniversi x. l. seq . c de fundo pa●rimon . rom. . pliny , l. . c. . archid. in can. si quis romipetas & peregr . . qu. . baldus in c. . sect . commen . de paceiure infir . l. . d. ne quid in loco pub . viarum l. magis puto d. de rebus eorum . iuvenal . king. . & . postellus l , . de rep. t●r. gen. . sleiden ▪ l. . & bulla aurea . l. . & passim , c ▪ de com. rev. alienat . nauclerus in chron. gen. . c. int●ll●cto de i●●reiurando in decret . polydor virgil. in cod hispan . par . . consent ▪ . papon ar●stor . l. . tit. . art . . paragr . . & . legis regiae latae . ● . aimoi &c. aimoi . l. . ● . ● . l. petr. . parag . praedsumi . d. de oy . . an. . . ● . arestis●curiae . ● ● . paulus aemil. l. . an. , , , , . , . an . an. . & . an . monstr●let c. . l. liber homo . d. de verbo . obligat . l si emp. . § ▪ d. de contra . emp. l pe●c ▪ de oper●libert . an lex sit regni usis fructuarius ? monstretus in carolo . ex concil . valent . in c. de his quae sinit . a prelatis absque conscapit . florus l. . 〈◊〉 l. . tacitus l , . volater●m , 〈◊〉 greg. . king c. . chron. . . l. . paragr . ius rei . d. de administ . rer . ad cui . part . t. luter . d. de admin . tutor . l. si fundum . parag . fi tutor d. depositi & express . extrauag , dere iudicat c. intellecto , l. . & passim . c. de interdict . com. rer . alien . part. . p. . . observ. . part. . p. . to . . deut . l sa. . . sam. . . chron. . . king. . . & . chron. . . king. . . xenoph. lib. 〈◊〉 . xenophon . de repub. lacedaem . dionys. ha●●●car lib. . see eccardus de lege regia & marius salamonius de principatu l. . where this law is recorded . speculum saxon , l. . art . . see descript. coronations maximiliani lmper an. . in rerum germ. scrip . tom. p. . see po●ti●ical romanum rome . f. . . mr. s●dens titles of hon. par . . c. . p. ● . to . se● bochellus . decreta eccles . gallicanae l. . tit . . c. . & mr. seldens titles of hon. par . . ●b . . p. ●● ▪ ● . see hotoman . franco-gallia ● . . . . de iure magist . in subditos , , . s●e the french hist. in his life . bodin commonw . l. . c. ● . p. . . in annal ▪ burg. in concil . tol. . c. . & tol. . l. . feud . tit . . par . . la ioyeuse en●●r . ludovic . guie . l. . d de pact . l. non minorem . d de transact . lib. . feudor . . . § . a. lit . . dionys. hal. l. pag. . . cor . . cic. . 〈◊〉 . see meteranus belg. ●rist . l. . the edict of the generall estates declaring the king of spaine to be fallen from the seigniory of the netherlands . see meteranus and others . note . the forme of the oath of abjuration of the king of spaine . observ. . de jure magistratus in subdito . p. . . . hugo gr●tius de iure belli ● ▪ . c. . s . p. . ecc●es . his●● . 〈◊〉 . c. . euseb. lib. ▪ vita constan. & ecclesist ▪ hist. l. . . . socrat. scholast . hist. l , . sozomon . niceph. call. eccles . hist. l● . c. . . . . . grimsion eutropius zonara sabellicus valatera●us in the lives of constantine maxim●nus and maxentius . operum , au● verpiae . . tom. . f. . valerius maxim . l. . c. . not● in tractat. de tyranno , & in tract . de reg . civit. bartolus tract . de guelphis & gibell ang. l. . §. cum igitur d. de vi & viar . thom. aquinas in . ● qu. . art. . in fine l. . d. ad leg . iul. magist . cit. parid . l. . d. dereg . iur. v●p . l. . d. de adm . & peric . tut. & curat . l. . d. eodem . l. . d. de admin . & peri● . tut . l . de suspect . tut . & cur . l. . & . d. de admin . & peri● . tutor . & curat . iudg. . chron. . & . august . l. . . de civil . dei c. . see hotoman . francogallia . c. . to . froissard . l. . c. . & seq● . ant. de but. consil. quod positum inter consil . paul. de castra vol. antiqu . nu in●cip . viso puncto . martini . laudensis in tract . de cardin in . qu. . phil. de in : quodam consilio , cujus verba f●erunt andr. barbar . in d. cons. . l. . c. . bald. in l. olim. col . peri. de rescri . in decretal . bonifac . . de mai. & obed . plato . l. . & . de repub. l. . & l. omne delictum . sect. ult d. de re milit . c. nullus in carthagin . concil . doctores pentificii . l. . d. de administ . & perie . tutor . & cur . l. . d. desuspect . tut . & curat . macca● . lib. i. ● . . v. . iustin. l. i. diodor. l. . c. . l. . c. de seditiosis . l. l. l. . d. de autor . & consil ▪ tutor . & curat . seneca l. . de benefi● . iohn . v. . eccles. . object . . chassanaeus in con●ue , tud burg. rebuffus ad constit . reg. tom. . & bene●ic . ante vac . art . . bodin . de repub . l. . c. part. . p. . to . rom. . , , , , , . prov. . . . part. . p. . . eph. . . cor. . . c. . . cor. . . c. . . tim. . . see ( f ) ragister . pars . f. . . . . . . . . . . pars . . , . . , . pars . f. . . . . . . . fitz. nat. bre. . willielmus dei gratia eliensis ●pisc . &c. mattheus pars. p. . proaem . relect. in leg . taurin . . object . . see mr. seldens titles of honour , part. . c. . sect . . part. . p. . to . part. . p. . . petrus cunaeus de republ . hebrae . l. . c. . pontif. & ceremoniale romanum . ad tit. de stat ho● . l. . de imp qu. . & . de potest . regia . part . . sect. . moral . iustit . pars . ● . c. . catalogus gloriae mundi , p. . consid. . see mr. seldens titles of honour , part . . c. . sect. . titles of honour , part . . c. . sect. . see selden , ibid. p. . . decreta eccles . gal. lib . tit. . c. . , , , , . mr. selden ibid. p. . . ibid p. , , . tho. walsingham . in . initio , h. . see selden . ibid. p. . titles of honour , part . c. . sect. . de republ. hebrae . l. . c. . rerum anglicarum , l. . c. . see saxo grammaticus dan. hist. l. . p. . notes for div a -e 〈◊〉 chronico iacobi congshumi , & germaniae historicorum . tom. . p. . ● , . observ. . interest of princes . p. . & . see grimstons hist. of the netherlands l. . p. . &c. . speed p. : to . . . vindiciae contr . tyrannos . qu. . p. . &c. chron. c. . king ▪ . . chron. . . ▪ . & . sozom. l. . e. numb . . josh. . . deut. . . judg. . sam. . . amos . judg. . & . sam. . numb . . matth. . august . in psal. . a●br . l. . de offic. gratian. in decret . gicero l. & ● . offic. diodor. sic. l. . c. . thu●yd . l. . object . answ. pompon de reglur . leg . . cic. . offic. ci● . lib. . offic. ioan. avent . in anal. boyor●n . see speed & 〈◊〉 history of queen eliz. metarenus and grimstons histories of the netherlands . the noble acts of prince maurice of ●assau , and the bils of subsidies in qu. eliz. king iames , & king charles his reigne . tim. . . to the kings most excellent majesty the humble petition of sir thomas pilkington, kt., lord mayor of london, slingsby bethell, esq., samuel swinock, john deagle, richard freeman, john jakell, john key, and john wickham, in behalf of themselves, and of the respective executors and administrators of sir thomas player kt. deceased, henry cornish, esq., deceased, samuel shute, esq. deceased, and of francis jenks deceased. pilkington, thomas, sir, d. . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing p a estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) to the kings most excellent majesty the humble petition of sir thomas pilkington, kt., lord mayor of london, slingsby bethell, esq., samuel swinock, john deagle, richard freeman, john jakell, john key, and john wickham, in behalf of themselves, and of the respective executors and administrators of sir thomas player kt. deceased, henry cornish, esq., deceased, samuel shute, esq. deceased, and of francis jenks deceased. pilkington, thomas, sir, d. . william iii, king of england, - . sheet ([ ] p.) s.n., [london : ] reproduction of original in huntington library. broadside. attributed to thomas pilkington. cf. wing. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng political crimes and offenses -- great britain -- early works to . great britain -- politics and government -- - . broadsides - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion to the kings most excellent majesty . the humble petition of sir thomas pilkington kt. lord mayor of london , slingsby bethell esq samuel swinock , john deagle , richard freeman , john jakell , john key , and john wickham , in behalf of themselves , and of the respective executors and administrators of sir thomas player kt. deceased , henry cornish esq deceased , samuel shute esq deceased , and of francis jenks deceased . sheweth , that your petitioners and the said deceased persons were in the year , and , by the contrivance and confederacy of sir john moor kt. sir dudley north kt. sir peter rich kt. sir edmond saunders kt. late chief justice of the kings bench , and some others , prosecuted and convicted for a ryot ; the fact objected against them being no other , in truth , than the peaceable doing their duties as citizens of london and englishmen , in election of sheriffs for the said city and county of middlesex . that in the proceedings upon the said pretended ryot , many notorious violations of the law were committed , and your petitioners denied common justice , by the combination and confederacy of the persons last above-named , and others ; insomuch that your petitioners , and the said deceased defendants were , by judgment of the court of kings bench in trinity term , unreasonably fined l. and were , by imprisonment , and otherwise , forced to pay the same ; which sum of l. was long since paid into the exchequer . that at your petitioners prosecution , the said judgment was reversed the last parliament as erroneous , whereby your majesty stands by law liable to make restitution of the said sum of l. as your petitioners are advised . now forasmuch as your majesties generous undertaking in coming into this kingdom , tended only for the vindicating and establishing our religion , laws and liberties , and for relieving the oppressed ; and for that it is agreeable to equity , that such as did the wrong should make restitution ; and your petitioners hoping the parliament now assembled will take the whole matter into their consideration , and pass a bill for relief of your petitioners out of the confederates estates , and not leave them to be satisfied by your majesty . your petitioners therefore humbly beseech your majesty , that the said confederates , the prosecutors of your petitioners , and the judges , and others concerned therein , may be excepted in the act of grace , intended by your majesty , as to all they did in relation to the prosecution and judgment upon the pretended ryot above-specified . and your petitioners shall always pray , &c. a necessary and seasonable caution, concerning elections this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing l a thomason .f. [ ] estc r estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) a necessary and seasonable caution, concerning elections l'estrange, roger, sir, - , attributed name. sheet ([ ] p.) s.n., [london : ] anonymous; attributed to roger l'estrange. place of publication from wing. annotation on thomason copy: "march . ". reproduction of the original in the british library. eng england and wales. -- parliament -- early works to . church of england -- government -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no a necessary and seasonable caution, concerning elections. [l'estrange, roger, sir] a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion a necessary and seasonable caution , concerning elections . the miserable dissettlement of this nation , arising principally from abuse of trust , practised by those persons , whom we chose to represent the people ; it concerns us now at last , to provide warily against future inconveniences , by a more diligent examination , and knowledge of those we elect for the time to come . we find the nation impoverished ; the government both of church and state dissolved ; and all the supports of a publique magistracy devoured , by those very people , who instead of freeing us from small and few miscariages , have notoriously exercised over us ( themselves ) the greatest oppressions imaginable . for prevention of the like evils hereafter , we are to be very wary how we chose ; — . such persons as preach without a call , and deliver the delusions of satan , for the inspirations of the holy spirit ; ( we may know the tree by its fruits . ) . such as either out of fear , or interest , sacrifice the publique good to passion , or benefit , shifting from party , to party ; this day , for the king and parliament ; the next , pensioners to the protectour ; the third for the rump ; the fourth , for any thing that comes next . under this notion , i comprize such as make use of a parliament-privilege to elude creditours , to detain ill-gotten possessions , and to put themselves out of the reach of the law ; thereby hindering the due course of proceedings against them . . and lastly , take heed of choosing any persons that have already falsified their trust , — by engaging in illegal close committees : — in any relation whatsoever of malice towards the late king — in purchasers , or sellers of the publique revenues : — in vsurped impositions upon the people . in short , such , as have at the price of an universal ruine , enriched themselves ; and layd the foundations of their new babel , in sacrilege , perjury , murther , and treason . this may suffice for a caution to all such , as are not resolved upon beggery , and bondage . die mercurii, . may . resolved upon the question by the lords and commons assembled in parliament, that all and every the ministers throughout the kingdoms of england and ireland, dominion of wales and town of bewick upon twede, do and are hereby required, and enjoyned, in their publick prayers, to pray for the kings most excellent majesty, ... england and wales. parliament. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e b thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) die mercurii, . may . resolved upon the question by the lords and commons assembled in parliament, that all and every the ministers throughout the kingdoms of england and ireland, dominion of wales and town of bewick upon twede, do and are hereby required, and enjoyned, in their publick prayers, to pray for the kings most excellent majesty, ... england and wales. parliament. sheet ([ ] p.) printed by john macock, and francis tyton, printers to the house of lords, london : . title from caption and opening lines of text. "all ministers to pray for the king, james duke of york, and the rest of the royal progeny. ministers are to give thanks for the king's letters to both houses, the commanders-in chief, and the lord mayor, &c. on the day of thanksgiving, thursday next. on thursday fortnight, they are to read the letters and declaration from the pulpit." -- cf. steele. order to print dated: die mercurii, . may . signed: jo. browne, cleric. parliamentorum. annotation on thomason copy: "may ". reproduction of the original in the british library. eng charles -- ii, -- king of england, - -- early works to . england and wales. -- sovereign ( - : charles ii) -- early works to . church and state -- great britain -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no die mercurii, . may . resolved upon the question by the lords and commons assembled in parliament,: that all and every the ministers t england and wales. parliament. a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - elspeth healey sampled and proofread - elspeth healey text and markup reviewed and edited - pfs batch review (qc) and xml conversion diev et mon droit die mercurii , . may . resolved upon the question by the lords and commons assembled in parliament , that all and every the ministers throughout the kingdoms of england and ireland , dominion of wales , and town of berwick upon twede , do and are hereby required , and enjoyned , in their publick prayers , to pray for the kings most excellent majesty , by the name of our soveraign , lord charls , by the grace of god , of england , scotland , france , and ireland king , defendor of the faith , &c. and for the most illustrious prince james , duke of york , and the rest of the royal progeny . resolved upon the question by the lords and commons assembled in parliament , that the ministers who are appointed to officiate before both houses upon thursday next , being the day appointed for a publick thanksgiving , and all other ministers within the cities of london and westminster , and the late lines of communication , who in their several churches , and chappels , are to carry on the duties of that day . and also all other ministers who are on that day fortnight to perform the like duty throughout the kingdome of england , and dominion of wales , and town of berwick upon twede , shall be , and are hereby enjoyned to return thanks to almighty god for his majesties several gracious letters to both houses of parliament , and to the commanders in chief of the forces both by land and sea , and to the lord mayor , and common-council of the city of london , together with the declarations enclosed , and the iust and honourable concessions therein contained , and for the hearty , loyal , and dutiful conjunction of the lords and commons now assembled in parliament , and the vniversal concurrence of all the commanders and forces both by land and sea , to receive his majesty into his dominions and government , according to their bounden duty , and the laws of the land ; and that the ministers upon thursday fortnight be enjoyned to read his majesties letters and declarations to both houses in their several churches and chappels at the same time . die mercurii , . may . ordered by the lords in parliament assembled , that these resolves be forthwith printed and published . jo . browne , cleric . parliamentorum . london , printed by john macock , and francis tyton , printers to the house of lords , . a discourse upon questions in debate between the king and parliament. with certaine observations collected out of a treatise called, the diffrence between christian subjection, and unchristian rebellion. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing d ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing d estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) a discourse upon questions in debate between the king and parliament. with certaine observations collected out of a treatise called, the diffrence between christian subjection, and unchristian rebellion. bilson, thomas, or - . true difference betweene christian subjection and unchristian rebellion. p. s.n., [london : ] caption title. an expanded edition of: a discourse upon the questions in debate between the king and parliament. includes selections from: bilson, thomas. the true difference betweene christian subjection and unchristian rebellion. reproduction of the original in the british library. eng prerogative, royal -- great britain -- early works to . great britain -- politics and government -- - -- early works to . a r (wing d ). civilwar no a discourse upon questions in debate between the king and parliament. with certaine observations collected out of a treatise called, the dif bilson, thomas f the rate of defects per , words puts this text in the f category of texts with or more defects per , words. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - tcp staff (michigan) sampled and proofread - tcp staff (michigan) text and markup reviewed and edited - pfs batch review (qc) and xml conversion a discourse upon qvestions in debate between the king and parliament . with certaine observations collected out of a treatise called , the diffrence between christian subjection , and unchristian rebellion , having beene a by-stander , and observing so well as i could how this great game hath beene played on both hands ; betweene the king and parliament ; i have wondred to finde considering the declarations on both part● ) that with great expence of time and money they have made a shift to argu : themselves into a civill warre . and the the ●onder is no lesse to heare the varietie of opinions ; some asserting his ma●e●ties proceedings , some the parliaments , and some affirming that the thing in variance belongs to neither , divided from the other ; for ( say they ) it is but who shall rule arbitrarily , in cases to which the law hath not fully or not at all extended ; which the king calls his prerogative , the parliament ( as matters now stand ) theirs . to take the better view of the present differences , looke a little way backe upon the actions of precedent times . it hath beene the generall beliefe of this nation ( ●pon what reason i cannot judge ) that the designe of his majesties late father king james was to wynde up this government ●o the height of france , the better to ho●d correspondence with forraig● princes , whose power encreasing their riches , and both together their reputation , it was a shame to be left behind , but finding the times averse , and being the best astrologer in the world what the successe should be of ●i● owne actions , he betooke himselfe to the ●atisfactions of his age which he could acquire , and left the complement of this to his majestie that now is● in whose person were concurrent a title indubitable , setled by a succession , and the activitie and glory that is insepa●able to youth , and the fresh assu●ption to the throne of three kingdoms . the first dis●olved parliament ( to stumble at the first step ) seem'd ominous to some , others tooke it for a tryall , and in pursuance of the designe . and the rather for that ( his majesties protestations to govern by the laws , and his late answer to the petition of right notwithstanding ) the exaction of loane money immediately following , the erection of monopolies , and the forcible taking of the subsidie of tunnage and poundage , begat an universall diffidence in the people of his majesties personall promises , and an opinion , that his best resolutions were easily overthrowne by the counsell of others , and so consequently that his actions were not his owne : which opinion true or false when ever it got beliefe , hath proved fatall to the princes or to the people of this kingdome : for the nation hath hated to be governed by many viceroyes , and resents to insolencies in their princes so much as defects , rapes , murthers , and particular depredations , being more tollerable , when the vertues of the kingly office have a happy influence and latitude upon the whole bodie of the common-wealth and yet to speake a truth , the same argument that aggravates the violations in government may be a reasonable excuse for his majestie ( and the same that the reverence of the english nation to their princes hath ever uses ) those acts of injustice were not the kings but his ministers : for what other opinion could the king retaine , then what the judges delivered for law , and the divines for gospell : for these had made a generall definition of a king , and applyed it to all princes , and those had made a generall day of judgement upon all the laws , and subdued them to the will and pleasure of those princes : and being mindfull of their owne interest , and how much it concerned them to make the king absolute , whom they had hope absolutely to rule : they would needs make a king by the standard out of gods word , that his subjects might be slaves for conscience sake : and by examples taken from the kingdome of the iewes , they invested him with power essentiall to his office , to use at pleasure the persons or estates of his subjects ; of a divine institution , incomprehensible by lawes , if necessitie require a variation and under heaven no other iudge of that necessitie besides himselfe : and having placed him in the ranke of god● gave him the like election , to governe the world by second causes , the fit officers of nature , or by miracles and wonders , effects of his immediate interposition ; by the grand councels , iudges , and inferiour ministers of the lawes ; or by pate●●● with non ●bstante● , proclamations , and a divine prerogative . but to say a truth his majestie hath of late admitted a better information of this kingdome of government ; and hath given many assurances by protestation to innovate nothing , yet this satisfies not , and the reason would be examined ; as also what those difficult questions are , whereof the sword must needs make the resolution . the ill satisfaction the people receive , notwithstanding the kings mighty protestations to governe by the laws , to defend the protestant religion , priviledges of parliament , &c. springs out of this jealousie , that if it come into his majesties pow●r to doe otherwise , he will doe so . for who can thinke ( say they ) having the s●me maximes in his mind , and the same couns●ll in his eare , that he hath had ; that hee will doe otherwise than hee hath done : that he will after the ruine of this parliament , refuse the fruition of that which hath cost so much labour , when the danger is passed : who will believe he will have recourse for aid and advice to parliaments ; when he shall remember to what sad exigents he hath beene re●uced by them , ( whereof that himself was any part of the cause shall be hid from his eyes ) how averse they are in their composition from the genius of the court , how apt to be mis●ed by a few , how unfit councellers in matters out of their usuall cognizance , wanting abilities to advise and modesty to be silent , how slow and lingering the remedies are for the maladies of the common-wealth : who will not think how much better it is for the king ( if he can ) to satisfie the people upon the word of a king , on the word of a gentleman , that their grievances shall be remi●ied as well without a parliament ? who will not believe that he will rather choose to be the father of a militia of his owne , who receiving their livelyhood out of his coffers , shall helpe to fill them ; by whose hands he shall have power to mow the fertil meadows of britain as often in the summer as he pleaseth . and what shall hinder ? the law ? no ; there shall be the same imminent necessitie that was pretended before , and there shall not want both divines and lawyers that shall say the king and his private councell are sole iudges of that necessitie , shall the kings promises and protestations hinder ? i cannot tell , it may be so , i wish the people of this kingdome had such confidence in his majesties personall promises , but if the king cannot him●elfe tell , i no king nor private man can tell , how his councels and resolutions may change , when the ●●ate and condition wherein he made them is changed : if humane nature easily relapse to those things that it loves , and if the resumption of such illegall power , suggest not only the sweetnesse of riche● and dominion , but by false arguments comes apparelled with necessitie of the kingdoms preservation , i know not whether naked words subject to so much varietie of construction will be of force to resist so great temptation . hazael being but a private person thought himselfe much injur'd when the prophet made that cruell character of his future behaviour , am i ● dog ? yet he was so dogged , and few ( perhaps ) that knew him would ever have thought it . therefore if his majestie will have those promises believed , let him not apparantly go about to place himselfe in such a condition , that he may breake them at his pleasure . i know the allegations for the manner of his majesties present proceedings are , first the just vindication of his royall prerogative ( whereof it is pretended violation hath beene made to the prejudice of himselfe and the people ) and wherewith he is trusted by god ; which trust he may not ●●sert , for gods sake , his owne , and his peoples . for the prerogative of princes ( so much talked of and so little known ) it may in briefe be said , that all princes have gaind dominion by force or by bargaine , for to say that adam , if he had lived to this time had beene king of the whole world , and therefore the king is first in order before the people , his naturall vassals ; and production is an assertion invented to flatter princes , for all men know that the multiplication of colonies in regions far distant from the first rules of nations , must impell the necessitie of erecting many independent governments , and the necessitie will bee as great in the independency , as for the multiplicitie ) therefore by force or by contract they must commence : dominion got by force , is kept by force and stiled tyranny , or else it dissolves into government by contract , and so takes a lawfull forme . therefore of the nature and latitude of the prerogative that rests in the hands of a prince , that comes in by agreement with the people ; is the now dispute . it may be defined thus : a power to see the lawes put in execution , and to doe that which is good for the people in cases to which the lawes have not yet extended ; if there were no lawes ( as perhaps there are not many in the first erection of a monarchy ) but that all were trusted to the wisedome and goodnesse of the prince , yet by all the reason in the world the intendment of that trust was to enable him to doe good , not to doe every thing . now , where the lawes are positive the prerogative claimes no jurisdiction . the corruptions of princes , and the extravagancies of the people occasioned lawes , for bounds and limits to both : and it is a thing out of all question , that the first contract would have left no prerogative at all ; if all future needs and inconveniences of the government could at one intire view have beene presented to the people ; but that being impossible , the discretion of all common-wealths meeting in their representative bodyes , have given a stop by lawes to the progresse of any inconvenience as it hath beene emergent . his majestie complaines that he is divested of his legall prerogative . that is , hee is denyed the power to execute the lawes , with his owne sence and exposition upon them : and the lords and commons in parliament pray to have reduced into a law that arbitrary power which hee hath of custome exercised , in things to which the lawes doe not fully extend : or to speake shorter , they are not willing to trust him any longer with a power undefined , which they have imployed to their harme byt desire to have it defined and limited ; that for the time to come it may bee so no more ; and this they expect from his majestie as a duty of his office to the people , who if they are incapable of reason of state , yet are not incompetent iudges of what is good for themselvs ; unlesse we shall maintain aruments of france in england , and to the same end ; that the people are altogether ignorant of their own welfare , that the king only knowes it ; that is best with an implicite faith to trust him , and his army , and councell , with the safety of the common-wealth , and every mans life and estate , that when france is free from feare of forraigne enemies , the subjects shall bee discharged of the oppressions ; in the meane time to make himselfe and his mamalukes formidable to his neighbour princes he hath transformed millions of christ an soules into beasts , reducing them back to the elements whereof they were made , yet they must not complaine nor defend their lawes and liberties , lest they seeme to resist authority : nor supplicate the supreame magestrate to governe according to right reason , and the lawes of the kingdom , least they seeme wiser than their teachers , to be short , i hope it will never be so in england . and if the english parliament be at sometime mistaken ( as it is not to bee presum'd that they will bee ) yet they are not so much hurt by the inconvenience of that mistake , untill the next parliament rectifie , as they are , if they shall be disabled from al competency to judg in matters tending to their own welfare . for the other branch of his maiesties allegation that the streightning on his prerogative is prejudiciall to the people : it is true a prince of high and magnanimious endowments cannot dispense with that liberty and the influen●e of his excellent personall vertues , if he be too much bound up by the dead letter of the law ; for the actions of some have beene transcendent to all lawes or examples ; and pittie it had been that they should have beene confined . and ( indeed ) the people doe lose willingly of their liberties to such good princes which proves unhappie to them , when worse make a title to the same liberty , by such examples ; and there is no surer a signe of a weake prince , than to contest with the people upon these presidents , rather seeking examples for his purpose amongst the actions of his predecessours , than desirous to be himselfe an example to posterity . how ever those princes that have surmounted all lawes in their glorious actions have been very rare , a festivall that comes but once a yeare ; which if it came every quarter , yet a good constant diet were much better . it is strange to finde how defective some are in the right understanding of the mysteries they professe , what is it that a prince would have , ( that affects not glorious vindications and conquests upon forraigne enemies ) to live safely , plentifully , and beloved of his people , to dye lamented , rich , and of a blessed memory ; this is all that can accrue to the best of the sonnes of men ; and if princes did not proferre their wills before their profit ; if they did not shame lesse to picke lockes , pockets , and their subjects pursues , than to say , i thanke you ; if they did not chuse rather by force to justifie injustice , rapine and oppression , then to have any actions of themselves , or ministers called by such names , doubtlesse in a short time they could not chuse but arrive at an almost absolute dominion . for the arguments used to div●rt from honest accommodation● with the people , doe not appeare to me that ever they were entertain'd by those . heroick prince● that have fill'd the stories of all ages with their high and exc●llent glories , but by some of narrow and limited qualifications for government , one argument i● , that if the same wayes of munificence and bounty by which some princes have ingratiated t●emselves , shoul● for some descents of princes be pursued , the crown , regall authority , and revenue would be destroyed , and nothing left whereby to oblige the people or wherein ●o be liberall . ' t●s true , indiscreet prosution hath consumed many princes ( and that is indiscreet that is misimployed and lost ) it never avail'd ( that i have heard ) to the advanceme●t of any , nor doth it extend much further than the kings chamber ; nor is it any motive of affection in the people to heare , that the king is liberall of his purse to his servants and favourites . a princes bounty shines in a little spheare , if compared with the pe●ples , as his estate i● small , compared with the revenue of the whole common-wealth ; his liberality cannot extend to all his subjects , theirs may to him ; it is ●ot that vertue that exalts him in the opinion of the people . and yet it is a liberality but not co●sumptive to his estate , nor destructive to his authority , but accumulative to both , liberality , justice whereof the impartiall distribution hath raised princes into the ranke of gods . and i am verily perswaded if there should fall out to bee so happy a race of princes , who disposing all particular interests , should advance only publike justice and utility ; the armes , trafficke , and tranquillity of their people , the honour , industry , and spirit of the nations under their command ; that in a few descents they would become absolute , and clearely acquitted from all obligation to lawes , or at least the execution would bee so long intermitted that with much difficulty they would ever come in force , and the restitution seeme as great an innovation , as of late hath been thought of lawes in force long-layed aside for want of use ; and in the times of such princes we heare no t●lke of prerogative , or liberty , the one is surrendred to the will of the prince , the other imployed to the advantage of the people , and it is an infallible signe of great distempers in government when such disputes arise . to conclude the prerogative is a trust which ( because no lawes are large enough to meet with all accedents ) resides of necessity in the person , or body politick , where the soveraignty resides : and it is true t●e king is trusted by god with this prerogative , as all in authority are in their degree to discharge themselves piously towards him , hone●●●y ●o those under their command : he is also trusted by his subjects , who doe not say , they may resume their power upon breach of trust , but say , they ought ●ot to bee denie● when they desire those breaches to bee repaired and better fortified for time to come , and the trust exemplified into a law as occasion shall requ●re : nor is it re●sonable for ●ny prince in the world to say , i have beene tr●sted , and if i or my ministers have not in these and these particulars well di●charged ●hat trust , yet wee will bee trusted still , and you shall beleeve that matters shall be better herea●ter . what the priviledges of parliament are , i● another great question , i● under the tearme be comprised the king , the lords and commons , the question may be better made , what is not within the power and priviledge of parliament , for 't is on all hands confessed that the common-wealth may di●pose of it selfe ; but if the king be divided from them , what are then priviledge● ? truly none at all , if they cannot make a t●mporary provision to ●ave themselves without the kings licence ; for take away safety , and priviledge is gone ; if they be safe , yet if it be better knowne to their adversaries then themselves , and that the continuance be at disc●et●on and good pleasure of another , if any be a more competent iudge of their safety then them●elves they have no priviledge at all , say what they will . nor can it possible be that both houses have power to preserve the body of the kingdom which they repres●nt , if there not be an inherent e●sentiall and underived authority in ●h●t assembly to preserve it selfe ( ●is granted in the p●inces minority , absence , or incap●ssity to gove●ue , the power to preserve and provide for the state , rests in the great counsell , and their diligates , doubtlesse the case is the s●me , if it be on like manner granted that the p●ince is divided from the body of his people ●y evill counsell ( to prove if the counsell be good or bad , examine the legali●y , it appeares in his maiesties expres●es : and that of most remarke , is to declare law ( which being denied to the great counsell , must needs be taken to reside in the king and his privie counsell ) to have sole managing of the arms of the kingdome . and upon misprision of treason to sequester membe●s of parliament to tryall in inferior cou●●s . if this counsell he legall t' is good . if his majestie were admitted the best lawyer in the kingdom : yet if the laws of this kingdome have reserved the exposition of themselves to the law-makers and not to the k. the advise● to appropriate that power to himself is not good , ●hat they haue done so , presidents are not wanting where the j●dges have humbly praid both houses to deliver ●heir sence of a doubtfull law , if these commissions of array and breach of priviledges be declared illegall by them that have only power to declare law in dubious cases , then the advise by which they were done is not good , yet concerning this ●cruple of declaring law ; it 's true the parliament cannot declare that to be law which is not . they cannot declare it to be the law of the land that my b●o●he● by a second venter shall inherit my land before my kinsman ten degrees off though that were great reason but they can declare that there rests no power by vertue of any trust in any person to convert the forces of the kingdome to the destruction of it selfe . and they may declare it legall to stop the a●ven●●●es and appro●hes to such power if it be attempted , his majesty may array arm and command his subjects against the fr●nch and spaniard not therfore to fight one against another , he may array arm , and command them to suppresse rebels ●o legality declared not therefore to oppresse , the parliament , th●se are not very cons●quent to a reasonable man . it is no strange , nor are the examples rare to find how much princes may bee mistaken in the councellor● friends and enemies ; for how hardly can that ma● be thought an enemy who studies nothing so much as to enlarge the power , and advance the pro●it of his prince , yet the abundant services of some have more mischiefe to their masters than forraign armes or combination ever could , was it not taken for good service to invent a new revenue of . l. per annum to supply the wasted tents of the crowne . and would not he have bin esteemed rather a foole than no friend to the kings profit that had advised to lay that downe after it was once or twice paid . yet in his majesties own judgment that tax had better never bin . and it had never bin if the advise had never bin . and the advice had never bin ; or not bin pernitious ; if the king had received the same from the greater councell as he did then from the lesse . i am of opinion though it rain not in egypt , yet the inundations of nilus are caused by raine in another region . and the black clouds that hung over scotland and their troubled waters made them think it rained som where , and provide for the storm , for doubtlesse if the motion ●o ab●olute dominion and ruine of all laws , had not been so visible and swift in england as it was ; the new service book , had never brought so many thousands scots over tweed . we may then conclude upon the whole matter ; that that physicke was not good that brought the body of the common-wealth into so great distemper ; that the people though a moveable body like the ocean , yet never swe●l ●ut when blowne upon by intemperate windes ; that that councell which hath caused the king to stake his crowne , and the kingdomes their safety , now the third time ; that hath contested with the great councell for precedency in the kings judgement , and hath obtained it ; that broke the last parliament by the king , and would breake this by the kingdom : is not good for us , nor for those discree● gentlemen ( if they understood their owne interest ) that labour so much to ●upport it . but that in every case wherein the generall state of the kingdom is concerned , the advise ●h●t the body of the kingdome gives , upon a view taken of it selfe is not onely least erronious , but by the law not presum'd to erre . neither can the suggestion● made against this parliament ( indissoluble but by co●sent ) any way availe to countena●ce a forci●le dissolution , that they have too much handled the flowers of the crowne , those that adorne the pe●son , ●f not constitute the office of the king ; that they go about to erect a new aristocraticall government , or rather a tyrannicall of . or . that this assembly is no parliament , his majesty dissenting ; that the major part of both hous●s are gone to the king , or have left the rest , the remnant are a faction . to the first it is answered before ; that those rights of the crowne whic● are by the positive and expresse lawes of the land vested in the king to uses , are not questioned ; except in case where it is manifest that the uses have been prevented ; and in that case no more is required but that the breache● be repaired , and that the influences of his majesties government may be transmitted unto the people by better mediums , which is no prejudice to hi● majastie , unlesse he imagine that he ought not to grant it , because it is desired ; that he is bound to relieve the people , but not at the peoples reques● . we will take it for granted that in any case it onely appertaines to our soveraigne lord the king to defend wearing of arms . the use of this power vested in his majesty is for defence of himself an● subjects , and can h●ve no other intendment by law and reason , but suppose that by evill councell that may be about a prince ( by his own unwise election , or gods appointment when he gives princes bad councellours , or people ba● princes for scourges to wanton and corrupted nations ; ) this power is imployed to divide the kingdome against it selfe , one faction sees this power lodged in the person of the prince , but never observes to what end , so sides with him . another insist upon the end for which he was trusted , and defend themselves by arms : faction begets civill warre : civill warre dissolves the present government ; after followes a forraigne yoke● if our neighbour nations be not fast asleepe , or otherwise imployed : in this expectation , and in the ve●y minute when this imminent tempest is breaking upon our heads ; the representative bodie of the kingdome prostrates it selfe at his majesties feet , a●d beseech him to change ( not the government ) but a few subordinate governours , that he will shine upon his people through transparant and unblemished chrystall glasses , not through sanguine , murry , and azure which make the ayre and objects beheld to seeme bloody , and blue ; assuring him there is no other way to calme the seas that begin to rage and to preserve from wreck the ship of the common-wealth wherein his majestie is himself imbarqued , and is the greatest adventurer . now come in he malignant councellours , and tell his majestie that these humble supplications will ( if he yeeld to them ) turne to injunctions : ease them and do them right ( s●y they ) but not at the requst of parliament ; which is no lesse th●n to place him in a condition to do what he shal think to be right ; that is , w●at he shal be advised by them is right ; that is ( in many cases ) what ambition , hatred , covetousnesse , luxurie , lecherie , suggest to be right ; that is , flat tyrannie more absolute than the turks . for the introdu●tion of a new forme of government , the arguments are , that if the parliament draw to it selfe the jurisdiction of the maritime and land ●orces , the power to name councellours and judges● or prescribe a rule for their nomination , to make lawes ( for t is all one if the king may not deny those that are presented to him by both houses ) to perpetuate the sitting of this parliament : the soveraignty hath ( if these be allowed ) made no secret but a very apparant transition from the person of the king into the persons of the parliament men . the subjects of this kingdome have never had one example of a parliament that hath gone about to make themselves lords over their brethren ; and if they would they cannot ; for when they forsake the duty o● their place● and the interest of the kingdome , the kingdome will forsake them ; and sometimes before : which though the people have dearly repented , yet it serves to prove that the subsistance of a parliament is impossible if dominion or any other end be perceived then reformation and preservation of the common-wealth . in the minority and absence of former kings● opportunity was farre more favourable for such a designe then at this present , yet what prince was ever hurt by his infan●y or absence , when they were trusted both with his dignity and revenue . and t is out of question , if his majesty had been clearely concurrent with this parliament for the punishment of delinquents , and conservation of the peace , and liberty of the subject , they had never risen up into so high requests ; but take the argument at the best , it followes not that the parliament intends to assume soveragne authority , because when ireland is in rebellion . england in combustion , scotland scarce quieted , france and spaine in armes , they do humbly supplicate his majesty to entrust , for a short and limited time , the militia under the commands of persons of honour , that the lords and commons ( those whose blood and es●a●es must defend the state ) may repose saith in : yet this is not to be granted , and the feares and jealousies of his majesties best kingdome and most obedient subjects held so unworthy of any regard or satisfaction , that they are esteemed and so published for frivolous and false pretended , meerly to obtain an unjust purchase out of the kings prerogative . for the nomination of prime officers , councellours and judges , i presume that request results out of the precedent misgovernment , and is intended onely for this time ; and peradventure the temper will be better for the people , that the king ( being once invironed with a wise and religious councell ) appoint judges and publique officers , whom the people may , if there be cause accuse , and the parliament judge ; nor would this branch of the kings prerogative been reached at by the people , if the judges ( who ought to be conservators of the lawes● had not been the destroyers ; if the counsell of a few even in parliament time , had not involved the whole state in a common calamity ; and contested with the grand counsell of the kingdome assuming to t●emselves more zealous affection to his majesty , a greater care of the common-wealth and a better di●cerning what was necessary and fit for both , yet the election of publike officers is not without president in the times of former kings ; but i would not have those kings presidents to his majesty , that such demands may not be president to us . concerning the perpetuall dictatorship of the parliament , it may be deman●ed● why is the work prolonged by them , who aske why are you so long at worke ? why are delinquents protected ? by what meanes are difficulties objected ? how comes t●is rebellion in ireland ? why doth the parliament spe●d time in providing for their own safety ? which ought to be spent in redresse of publique disorders and vindication of the subjects from oppression ? doe they pretend feare , because they would rule ? let his majesty render those feares apparently false , and concur more hartily than they in securing the kingdome ; let him grant commissions for ireland , let him grant guards for the parliament as well to secure their feare as their danger : why should his majesty confirme their feares by discharging their guards , and attemping their persons ; if he know them to be safe● let them know it also , or confute their fear to the understanding of the whole kingdome , by granting their owne wayes of security , the next way to dete●t those apparitions of feare if they be false . and when the religion of our church is vindicated ; the vigour of our lawes renewed ; a guard of strength and terror provided for their future preservation ; the rebellion in ireland quelled ; his majesties revenue examined and repaired ; particular delinquents punished ; the court of justice reformed ; the banks founded by the industry of our ancesters with so much blood and treasure against the inundations of the prerogative , or malignity of private counsels repai●ed and better fortified , then let us see what pretence will be made for continuation of the session still . the english nation will not doubtlesse sell their birth-right for a messe of pottage . nor chang the government of a prince ( time nor story remembring any other in these kingdomes ) of extraction so i●lustrious of a title so indubitable , to be ruled by their equall , peradventure inferiour neighbours . to that allegation that this assembly is no parliament in the kings absence ; if it be understood when he is not present● it is an opinion so ancient as since his majesty left the parliament , for before i am perswade● it was never heard of : and it must follow thereupon ( as hath been answered ●efore ) that by the accedentall absence of the prince● or in sickne●●es that induce stupifaction , or in the first degrees of infancy , when the pow●● of the reasonable soul , have no latitude of operation , the state may be left without means to preserve it self , which is a great obsurditie to think . but if by the kings absence be undestood the want of his voluntary concurrence in confirmation of the acts and ordinances of both houses , and that in such cases they are no parliament , it may well be doubted if they have bin any parliament during this session : for the acts that have passed his royall ascent ( so much amplified in his late declarations to the people ) are shrodely suspected to be with no great good liking of his majestie . i am sure if they were voluntary , they were not exhibited with due circumstances , for through that opinion , his majestie hath lost much of the thanks due for such transcendent graces , which no prince , or inferior person , ought in discretion to loose . however that both houses legally convened and authorised to sit , do not by the kings absence loose the essence and denomination of a parliament , appears by presidents of former times , when in the absence of a prince ( further distant in body then his majestie is in minde i hope ) the estates have assembled themselves ( which is a little higher then was yet in dispute ) have administred oathes of fealtie to the subject , have named officers for publique services , and as well to superintend the peace of the kingdom as the revenue of the king . and though there was not nor is any law authorising the assembling of a parliament in such a case , yet was the legallity of that parliament never questioned , nor will , of any other upon the same or the like occasion , when the matter to be treated on is the peace and safety of the kingdome , whether the king be absent in body or minde , it changes not the question much . but which is a short answer to all that can be said is : that by an act of all the estates , this parliament is not disolveable , but by an act of all the estates , therefore a parliament untill that act be passed . to the other part of the allegation that major part of both houses have left the rest , and are gone over to the king . it may be demanded why doth not then his majesty send them up to adjourn the parliament to oxford or cambridge , are they so fearfull of the aprentizes of london , that they dare not appear to do his majestie so great a service by shouting a yea or no in the house of commons , how willingly would they adventure a battell that refuse to speak a word in a croud . truly it were the way to put an end to all the controversie , to reverse with ease the acts that have given so great cause of repentance , to reduce the parliament to termes of due obedience ; to save a multitude of offenders to weede out of both houses those factious members that insist so obstinately upon a trust reposed in them ; to distill out of the delinquent city of london much cordiall water to save the labour , charge , and hazards of warre , to save the purses , persons , and horses of the willing gentry , who labour for those fetters ( such is the understanding of this time ) that their fathers swet to be rid from ; for if armes be raised onely against a smal malignant party , a faction of a few parliament men : the major number would quickly deliver them up and what place could afford safety for them against the ire of his majesty and both houses of parliament . to such as put these questions , what is the power and priviledge of parliament , by what law doe they impose orders upon the people without the kings assent ? they seeme to me like them that dispute how legally the next houses are pulled downe , when the flame and windes make cruell vastation in the beautifull buildings of a populous citie . they are honest m●n , and would faine be thought wise , but i doubt it is not in the o be of their understa●ding to comprehend● what power resides in the vast body of the people , and how unlimitedly that power operates , when it is animated by danger , for preservation of it selfe . a man may make the same observation upon them that is made upon cato , who pleaded the lawes and usages of peaceable times , when the liberty of that common-wealth was at the last ●aspe , and would not be drove off it , till it was too late ; his argument was this in effect , that the authors of lawes for preservation of the common-wealth , may not preserve it , but by their owne creature . this was cato his error , and is so confessed by all men yet ( i take it ) he was a better statesmen then these disputants . the king was admitted judge of the danger of the common-wealth before the parliament and it was appara●t for no other reason , but the better to levy mony ? shall the parliament sitting be a lesse compatent judge ? as though a physitian that saith you are not well , though you do not perceive it ; give me five or ten peeces , i will c●re you , shall be the better beleeved then the man that hath been wasted with a quotidian fever sixteen yeeres together . they talke what the parliament may doe , and what not , as though this were the parliament that made an act for pavement of an high-way , and had little other worke . truely , if the regulation of a trade , or creation of a tenure , or erection of a corporation were the question in a peaceable time , it were easily resolved , that the kings demurre should stand for a denia●l ; but to say the kingdome may not defend and secure it selfe , who ever saith to the contrary , is to fight against the oldest and best knowne law in nature , the center of all lawes , and the inseparable right of all kingdomes , corporations and creatures . but they say the kingdome is in no such danger ; who is a better judge the repres●ntative body of the kingdom it selfe ? not those that say so . who like a man that standing upon the beach at dover will not beleeve that the sea hath any shore towards fra●co , untill he be brought to the top of the hill. it is not within their view to tell better then the parliament whether there be danger or not . his majestie indeed hath the most eminent place to observe what collection of clouds are in any quarter of the heaven , and what weather it wi●● be , but his calculations ( supposed to be made by others from a lower ground ) are therefore not so well beleeved . but be it in danger or none it matters not much the lawes have been in danger● ( none will deny ) and were recovered by another danger or had been lost : i● it be now peace ( as th●se men say ) it is the better time to secure them● if it be not peace , it is well to save the common-wealth by any means whatsoever , and if the king concurre not so speedily as the occasion requires , the b●ame is not theirs that go before for his preservation and their own . to make an end , i wish an union of the three kingdomes , under the same government● ecclesiasticall and cavell ( if it be possible ) that this crowne having three such supporters , and surrounded with the salt waters at unitie , at libertie , at peace in it self may not fear the whole forces of the disjoynted contenent of europe , that his majestie would understand his interest to be , to unite , not to divide his subjects , and to remember with what tropheyes the magnanimous princes of former times have adorned their funerals and fame . that he will chuse rather to fight in the head of the brittish armies , for restitution of his nephews to their lost , inheritance , than imploy them here to pillage and destroy his own subjects ; that he will first command the hearts , then the persons , then the estates of his subjects , and not begin at the wrong end : that in the parliament may reside a spirit of that latitude and noblenesse which ought to dwell in an assembly of so much honour and gravitie , that just things be done for justice sake , without bowing lesse or more for the raging of popular surges in the south● or for the cold winds that blow from the north : that the conditions of peace may not be enhansed by any prosperous successe , but like the noble romane before and after the victorie the same : that his majestie may be convinced of the errour of his private councels , by finding in the grand councell a quiet repose and a stable foundation of peace and plentie to his royall person and familie . and lastly ( since his majestie and his people thus divided cannot be happie ) that with all convenient expedition , such as have studied this division between the head and the body , may h●ve their heads divided from their bodies . so farewell . certain observations , collected out of a treatise , called , the difference between christian subjection , and unchristian rebellion ; compiled by that judicious and learned divine , tho : bilson , then warden of winchester , since bishop there ; necessary in these times to be perused . theophilus the christian . philander the jesuite . theop. cases may fall out even in christian kingdomes , where the people may plead their right against the prince , and not be charged with rebellion . phil. as when for example ? theop. if a prince should goe about to subject his kingdome to a foraigne realme , or change the forme of the common-wealth from impery to tyranny , or neglect the lawes established by common consent of prince and people to execute his owne pleasure ; in these and other cases which might be named ; if the nobles and commons joyne together to defend their ancient and accustomed liberty , regiment and lawes , they may not well be counted rebels . phil. you denied that even now when i did urge it . theop. i denied that bishops had authority to prescraibe conditions to kings , when they crowned them ; but i never denyed that the people might preserve the foundation , freedome , and forme of their common-wealth , which they foreprized when they first consented to have a king . i never said that kingdomes and common-wealths might not proportion their states as they thought best ; by their publique lawes , which afterwards the princes themselves may not violate . by superiour powers ordained of god , we understand not onely princes , but all politicke states and regiments , somewhere the people , somewhere the nobles having th esame interest to the sword that princes have in their kingdomes , and in kingdomes where princes beare rule ; by the sword we doe not mean the princes private wil against his laws ; but his precept desired from his aws , & agreeing with his laws ; which though it be wicked , yet it may not be resisted of any subject with armed violence . marry when princes offer thei● subjects no● justice but force , and despize all lawes to practice their lusts ; not every nor any private man may take the sword to redresse the prince ; but if the lawes of the land appoint the nobles as next to the king to assist him in doing right , and with-hold him from doing wrong , then they be licensed by mans law , and so not prohibited by gods to interpose themselves for the safe-guard of equity and innocence ; and by all lawfull and needfull meanes to procure the prince to be reformed ; but in no case deprived , where the scepter is inherited , &c. finis . notes, typically marginal, from the original text notes for div a e- allowed by publike anthority to be set forth , as in the title page may appear . the third part , pag . verbatim . in some cases the nobles & commons may stand for the publike regiment and lawes of their countrey . christian kingdomes may settle their states with common consent of prince and people , which the prince alone cannot alter . the princes sword , his law , not his ●ust . princes may be stayed from tyranny by their own realmes though not deposed . a letter from a gentleman in the city to a clergy-man in the country gentleman in the city. approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing l estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a letter from a gentleman in the city to a clergy-man in the country gentleman in the city. [ ], p. printed for d.c. ..., london : . reproduction of original in huntington library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng great britain -- politics and government -- - . - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - elspeth healey sampled and proofread - elspeth healey text and markup reviewed and edited - pfs batch review (qc) and xml conversion a letter from a gentleman in the city , to a clergy-man in the country london , printed for d. c. and are to be sold by booksellers of london and westminster . mdclxxxviii . a letter , &c. sir , it has pleas'd that almighty power which rules the hearts of princes , to enlighten and adorn his present gracious majesty , with such peculiar beams of mercy and clemency , those truly royal virtues , that render him the nearest pourtraict of that deity whose vicegerent he is . to win therefore the universal love of his people , a conquest worthy of , and indeed reserved for his great self , he has set up the standard of compassion , resolving to recover the alienated affections of those of his subjects , whom the administration of his predecessors may have any ways rendred uneasie . there are but two things in the world dear to all mankind , religion and property . the last of these , i confess , in the most moderate distribution of common right , has all along had its free course in the true channels of equity , only the first has been a little restrain'd ; for conscience has sometimes been shackled . the sighs therefore and groans that have lately breathed from that restraint , have moved him to that sacred commiseration , that he is resolved to break the fetters that extort them , the penal laws . which to effect , he has already declared his determination for that choice of magistrates in authority under him , that in his princely judgment he thinks will be most hearty in contributing their best and ablest endeavours for that great end. to carry on this pious work , 't is not at all to be doubted but the suffering party on all sides , who are aggrieved by those laws , by the meer dictates of self-preservation , will be no ways wanting to throw off a yoke they have so long so unquietly born . and if all their helps , his majesty ( as in reason may be expected ) is so well secure of , there remain only the concurrence of the church of england ; which , if obtain'd , his kingdom would reap the fruit , and himself the honour of being the founder of those lasting blessings , so much in themselves the more glorious , as that all hands , and all hearts , are assistant to their creation . but since the late refusal of reading his majesties most gracious declaration seems to intimate the church of englands aversion ( or at least their leading endeavours to create that aversion ) to the repeal of the penal laws and tests ; the design of this address to your self , a party so much concern'd , and indeed to the whole clergy , is ●o examine the stress and tendency of those laws , and truly to reason and argue with our pious mother the church of england , why the preservation of those laws , either is , or ought to be , any part of her care ; and indeed , how far those statutes , her sometimes darlings , are in themselves either just , equitable , or consistent with christianity it self ; and how far she is equally , if not more , than the dissenters obliged ▪ to abolish them . nor shall i endeavour to urge her consent from any resignation or compliance ( those fainter motives of meer generosity ) to the pleasure and will of the king , that desires to have it so ; but enforce the argument from the bonds and tyes of conscience and justice that require her assistance to their dissolution ; and hereby illustrate the equity and reasonableness of his majesties proposal , and prove the work it self no more than the incumbent duty of every christian subject to labour to perfect . for inquiry therefore first into the penal laws , i shall make bold to trace the grounds of their rise and original . after the death of queen mary , her protestant sister elizabeth , being seated on the throne , under so fair a prospect of establishing her religion , as having the half , if not the majority of the nation of her perswasion , all hands were set at work for so glorious an enterprize . but the main engine was , that the reformers having before their eyes the late severity of her sisters reign , the protestant church either truly , or rather seemingly ashamed ( as time will shew ) of the romish cruelty , the popular out-crys against smithfield fires , was conscious that she had no means so proper to recommend her self to the peoples esteem as the avoiding all those occasions of odium , which had render'd the romish church so much the object of their aversion ; and therefore the change must be wrought and affections won , by the opposite extremes of mercy and moderation . these measures for a while seem'd terrible ; but , alas ! in few years indulgence appeared a too slow-pac'd progress of reformation ; for still notwithstanding the encouragement of a protestant queen , and the establishment of our church , the ecclesiastick advances went on too leisurely , and conversions not fast enough , to satisfie either the churches itch of power , or warmth of zeal , under the looser reins of toleration . for whilst the popish party were connived at , and permitted any liberty of their worship , their church , though falling , could not want some few unshaken members at least that would still follow even its very ruines ; and perhaps the romish priests , though thrown out of church preferment , could not , or would not forbear , to confirm and encourage their thin and scatter'd party , and possibly through an indispensable ( as they thought ) duty to that communion , in which invincibly perswaded , they only expected salvation , they might not omit either arguments or industry ( as opinion wants neither ) to render their religion nevertheless lovely for the cloud it wore ; which indeed , is but natural to all religions , whilst they think their own either the only , or at least the nearest way to heaven . these remora's , how small stops soever to her advancing glory , the church of england beholdiug with impatience , and repining even at her smallest favours to the romish party , whilst but the least impediments to her yet unsatisfied ambition , ( for to be vppermost was not enough , unless she could be all too ) began to think of some more expeditious way for the weeding out of popery , and to look out for a sharper pruning hook than meer teaching and preaching to do the work of reformation ; set agog therefore upon dispatch and execution , she felt the itch of her forefathers , and if honour and reputation could be safe , she should not scruple at a little of the old-fashion'd shamble-work to gain her point . but considering that to punish dissent in religion , and barefac'd too with death , would carry too much the looks of old smithfield , and so bestain her own long boasted gentleness and innocence ; she is therefore put to no little study and invention to over-leap this difficulty , and accomplish her projection ; till at last she lights upon this incomparable stratagem to mask her designs , and smooth all , viz. to punish recusancy with death , under the black and dismal brand of high-treason . the measures and gradations used and made towards raising this artful superstructure , take in short as follows . in the first year of q. elizabeth , she asserts her spiritual and ecclesiastick supremacy in all things and causes whatever ; and creates an oath to be tendered her subjects for confirmation of that power . in the fifth of her reign , grown warmer in that supremacy , she imposes the oath upon all her ministers and officers of the government , even to lawyers , atturneys , &c. and particularly to be taken by ever member of parliament : and the second refusal of taking it , after a first tender of it three months before , is made high treason . in the th of her reign . all persons taking upon them by colour of any bull , writing , or authority whatever to absolve or reconcile any persons , or grant or promise to any person or persons within her majesties dominions any such absolution or reconciliation by any speech , preaching , teaching , writing , or any other open deed ; and if any person or persons shall willingly take or receive such absolution or reconciliation shall suffer pains of death ; and also lose and forefeit all their lands , tenements , goods and chattels , as in cases of high treason . [ a very soure sort of grape to set their childrens teeth an edge with . ] in the d of elizabeth , this act is explain'd and confirmed , and in fine the person reconciling or reconciled to the church of rome , priest or lay-man , are equally declared traytors ; and so onwards till the very taking of orders from rome is high treason and doomed to suffer as such . ay , god knows a very just sentence if the indictment be but true . but i desire to know by what legerdemain is this reconciliation made high treason ! is either the life or dignity of the king or the government , struck at by my being a member of this or that communion ! by my believing this or that the way to heaven ? can faith in god be treason against man ! for that 's the result of the point . can a christians best endeavour to save his own or his brothers soul be a machination to destroy his prince or his country ; or can my praying or not praying to a saint , my adoring or not adoring the eucharist render me a true or not true leige-man . if errours in faith can amount to high treason , and the government is in conscience obliged to treat 'em as such , lord have mercy upon us , how came the jews to live with that impunity in the common-wealth , that instead of misbelieving in points of doctrine , believe not so much as in the gospel or christ himself . no , no , the sophistry of the matter lyes not there ; 't is not the doctrine of a romanist as to godwards makes him a traytor , but his belief of the popes being head of the church in derogation to the ecclesiastick supremacy inherent to , and lodg'd in the crown , and so religiously asserted and maintained by the protestant laws of the kingdom . hinc illae lacrymae ? there lyes the apostacy , the hideous yawning gulph that swallows all , faith , duty , honour , loyalty , and consequently calls for axes , halters , gibbets , and what not . is this the treason then ; 't is well we have fixt it there ; tho' upon true inspection , the impeachment will be found full as feeble here as before . for this is but meer matter of faith still all this while , nor carries in it the least shadow of a breach of the subjects duty to the soveraign . for instance , when this law was made , suppose a poor roman catholick of those days by an invincible power of perswasion rooted and grounded in him by an article of faith ( how rightfully is not the matter ) received from age to age , and generation to generation in favour of the pope , cou'd not possibly believe her then she majesty by her accession to the crown to be instantly the spiritual head of the church in all matters and causes whatever , that otherwise before was utterly incapable even of so much as a subdeaconship in a country parish , and if st. paul may be believed , not so much as qualified for speaking in a religious assembly ; yet nevertheless this roman catholick lived under her government with all the allegiance and fealty , in all respects of obedience , and believed himself in conscience so obliged to do , as much as any other of her more believing protestant subjects , would it not be a little severe to adjudge him a traytor . and that the romish opinion that the spiritual supremacy lyes not in the temporal prince , is meer matter of faith , is demonstrable from the very soveraign power it self , when so many successive kings never believed they had that supremacy themselves . for prerogative is of its nature so jealous that tho' never so considerable a jewel in a crown had they had faith to have challenged it theirs , they would have had wit enough to have worne it too . what if our protestant kings and their parliments for them believe that supremacy wholy lodged in the crown ; must their roman catholick subjects be traytors , because they cannot be of their belief ? if the princes belief must be the standart of the peoples loyalty , by the same equity the catholick kings might have made it high-treason in their reign to assert that supremacy in the crown then ; as the protestant kings do to deny it there now ; and consequently the protestants then , ( if such there had been ) might by equal justice have been traytors too . if crown'd heads must necessarily be believed the spiritual heads of the churches under their obedience , i wonder what strange stretch of faith those thousands of christians must have that are born and bred subjects to the mahometan grand signior . but that the members of the church of rome may not look altogether so black for this unhappy part of their belief ; and that their asserting of that spiritual supremacy in their pope does not any ways threaten either the crown or the publick peace ; that wise and prudent monarch king james the first shall be their compurgator . for as many laws as that prince made for the defence of the establisht church of england , and as great industry as he used for the extirpation of the romish religion , he was nevertheless pleased to allow the pope , tho' not vniversal head of the church , yet patriarch of the west ( in which precinct of consequence must england be included . ) and if so zealous a protestant king thought it no diminution to his own or his churches dignity to be of that opinion , and to grant the pope that prerogative ; what mortal high treason against the crown of england do the members of the popes own church commit in throwing him in the east too ( a part of the world not much relating to us ) into the bargain ; and so making him vniversal patriarch . jacob. contr. perron . but some people will tell you , 't is almost an impossibility to fancy any such things as principles of loyalty in a romish subject to a protestant king. i shall not endeavour to confute this uncharitable censure , by the vniversal heroick examples , of that parties loyalty in the battels of charles the first ; so truly may i call it vniversal , that upon petitions made to cromwell for his clemency to the roman catholicks , he was observed to challenge them to prove so much as one man of that religion that had ever fought for him or served him . but to wave that plea , how are we sure that the romanists are guilty of traytorous principles ! do's any man of them own any such principles ! no , sure they have more wit than to talk treason , and be hang'd for it . if they are so hardy as to do that , we have other laws to noose 'em without the help of penal statutes . do they then commit any open act of treason ! let 'em do that if they dare . if we once catch them 'em at that game the government has 'em fast enough by the heels and the necks too . nor is that the treason , that these statutes pretend to arraign . who ever heard of any overt act of treason indicted by the th or d of elizabeth . then , if neither speaking nor acting of treason be the capital guilt these statutes are levell'd at ; then thinking of treason must be the crime . a roman catholick then belike is such an offender , that by the very affections of his soul cannot be loyal to the crown ; and to prove all this mortal accusation infallibly true , the protestant wisdom has by divine inspiration form'd a law to arraign and condemn the very thoughts of the heart , of which god only can be judge . in fine , if the government can make matter of faith , nay even thoughts themselves high treason , when their hand was in they might e'ne as lawfully have made it high treaon to eat too . for if the firm belief in god , and the zealous worship of him by the best light of a christian conscience , be either the bread of life , or at least the means to get it , as we are so taught , the same legality that can condemn the one may exclude the other too . to this they 'll say , 't is true indeed a lay romanist is a more excusable , and that part of the statute that affects him is a little hard ; however 't is very strong , and nothing but high justice , against the romish priest ; for here are visible overt-acts of treason : as taking of orders from rome , in themselves little less than damnable and diabolical , and undoubtedly antichristian , as received from the papal see , the very seat of antichrist ; and then returning home again expresly against the commands of the law ; all which outragious transgressions are but reasonably declared high treason , and justly exposed to the severest of punishments under the legality of that denomination . to this thundering charge , as big as it sounds , i shall only make this short reply . if the church of england has and always does admit a convert romish priest into the protestant clergy , without any reordination to capacitate him for that admission , as we need look no further than to the constant practice of the church , ( without so much as one example to the contrary ) from the very beginning of the reformation , how unjustly are taking orders from rome charged with high-treason ! if the orders from rome be in themselves holy and sacred , how are they damnable , or anti-christian ? and how the taking of them high-treason ? if not holy nor sacred ( as if high treason in the very receiving of them they cannot be ) does the church of england entertain pastors into her ministerial function unconsecrated for the divine service of god ? god forbid ! no , the very practice and concession of the church in this case does so confront the palpable injustice of this statute , as nothing can be plainer . and how black , how capital , or trayterous soever the popular calumny , or the protestant law-makers had occasion to make these romish orders , under all their loads of guilt , they stood upright enough not to want the crutch of an act of parliament , as some others have done ( as much more sacred as they are ) for their support and confirmation . and if such are the romish orders , and the free choice of our belief in god , and the church we hope to be saved in , be in our own election ( for our own souls are answerable for it ) by the same liberty of choice why may not a man be either a member or pastor of the flock he chooses , as his abilities to serve god in either station shall dictate to him . and if no such holy orders be to be had and received at home , why is it death to seek for them abroad ? and why are men banisht and excluded from their native right in the kingdom in which they are born , for only endeavouring to secure themselves , their no less native right in that of heaven ? one observation in the statute of the fifth of her reign i had almost forgotten , not a little worthy remark . in this statute where the incapacity of taking the oath of the queens spiritual supremacy ( for a refusal of an oath in that case is only a conscientious incapacity of taking it ) is made high-treason , in one clause of it the queen is pleased to tell us , she is so sufficiently assured of the faith and loyalty of her temporal lords , that this act , nor any thing contain'd in it , shall not extend to her barons , nor the oath to be imposed upon them ▪ &c. what contradictions and cobweb laws are here ! a commoner , belike , for his incapacity of taking that oath , is guilty of h●gh-treason : but a baron so incapacitated is a very faithful and loyal gentleman ; as if they were not both of them equally subjects to the crown , and equally criminal in any transgression against it . 't is true , had the particular favour and indulgence of the government resolved to exempt a peer from the penalty of this law , it had been something ; but to discharge him eo nomine from the guilt too , makes the whole statute such an arbitrary declaration of treason , that both the compilers of such laws , and the defenders of them , ought to blush at . but as whole as the barons kept their scutcheons in this statute , they came in for a snack in the th of her reign , being in that statute indictable for delinquency against it . what rubbish is here put together to build the great fence of a church with ! but our church has at least this apology , that it does not pretend to infallibility . and who knows but the jargon of these , and the rest of her penal laws might be wilful oversights on purpose to make out her assertion to the world , and prove her fallibility true . but to come to the full result of all : here 's the church of england so poorly prevaricating , as to follow those very steps , which with all her highest noise and exclamations she pretends , are her greatest detestation and abhorrence . and whilst the more frank and generous romanist enacts and executes his capital laws against heresy from his church , under the downright name of heresy ; our poorer spirited protestant law-makers , are for punishing heresy from their church under masque and disguise , obtruding their penal laws upon the world under the meanest of hypocrisy and imposture . and to be plain with our later protestant law-makers , the shamm past so current then , that it has been practised ever since . is there any one law made against our later nonconformists whose preamble does not run upon this topick , the breach of the peace , and the undermining the very foundations of the government ; and all for deserting the church of england , and meeting in their own religious assemblies , to offer up their prayers and devotions to god according to their consciences . was there ever a late conventicle disturb'd with any other warrant than as riotously and routously assembled , and thereupon punisht with fines , imprisonments , and sequestrations ; sometimes even to the ruines of whole families . does not the same masquerade run through all the penal laws ? and the very meer meeting to worship god charged with no less than sedition and tumult . but wherein lyes the sedition and tumult ? was it in their so meeting ? no , sure . for as the intention makes the guilt , the intention was only a religious worship , and not a state-disturbance . was the sedition then in the doctrines they preach'd ? if so , why was it not proved against them ? their meeting-house doors stood open , and their enemies were both potent and numerous enough to hear and detect any seditious design or doctrines against the crown or state. and the law was furnisht both with rods and axes , to punish any crime of that kind according to its demerit , before the penal laws were so much as thought on . no , tho' that was the pretence , it pincht not there the dissenters grew too numerous , and the church of england began to see her grandeur shrink , and her dominion lessen , and therefore her old arts must once more be her refuge . the nonconformists must be crusht and supprest , and to avoid all imputations of oppression and cruelty , sedition and riots must be the charge against them , and the law gilded over with that fair title to make it swallowable . 't is true , indeed , the law here did not reach to death , however it took care to make their purses , if not their veins , bleed for it , and that too sometimes with so total a drein , that whole families have been reduced to the condition of starving , which is the very next door to it . and all things consider'd , liberty next to life is so dear , that whole years of noysome imprisonment have been very little the easier punishment . having given you this true pourtraict of our penal laws , i shall only add some few lineaments more , and so finish the piece . and to make a farther ballance betwixt our selves and rome in that point , how unchristian or unwarrantable soever all such penal inflictions for meer conscience may be , the church of rome has , or at least fancies she has some little pretext for such laws . for under her famous tenent of extra ecclesiam nulla salus , and her confinement of salvation only within her own boundaries , she may have sometimes consented to the practice of now and then cutting off a stray sheep , to terrifie the rest of the flock from leaping the fold , as imagining to her self in so doing , and in now and then sacrificing one or two lost sons of perdition ( for such she accounts them ) and thereby lopping off some corrupt member already past hope of redemption , she only secures possibly the whole body , as she thinks , from apostacy and damnation . and consequently such exemplary acts , though of the greatest rigour , are only intended as absolutely necessary for that great end , vniversal salvation . but , alas ! our more charitable church that pretends not to bound the grace of god , but by a larger latitude and more extended operation of the blood of christ , equally allows salvation to true zeal and piety in both churches , and indeed in all christian professions : under all this concession , i say , our protestant church utterly wants this loop-hole , and upon true examination will be found wholly inexcusable , if not impardonable . for in executing of her sanguinary laws in punishment of meer matter of conscience , she cuts off , not like rome , the supposed members of perdition ; but even those professors of christianity , which by her own confession may be equally with her self the sons of grace , and coheirs of salvation . nay , i 'le venture to add one bold word more , because a true one . the church of england in her once executing of her sanguinary laws , is undoubtedly guilty of more barbarity than the ten primitive heathen persecutions . for in all cases of suffering for religion , 't is an undeniable maxim , that he that makes the martyr least thinks he makes him . the bloodiest pagan tyrants in all their studied arts of blood and christian massacre , did not believe that they butchered the then only professors of truth and heirs of heaven : but on the contrary , in devotion to their own supposed true deities , they thought they only executed apostates , blasphemers and infidels ; for such they accounted the christians as profest deserters of their heathen gods and sacrifices : nor is the forementioned romish case much different , as lying under the unhappy belief of hereticks irreparable state of damnation . but all this while our church of england ( i am sorry to her shame it must be spoken ) out-do's the very heathens themselves , in enacting and executing those penal laws , by which she cuts off those very members of christianity , who ( if true zealots in their profession ) she owns are in the number of the elect of god : and if any true zealots amongst them , those certainly that have courage and constancy to die for their religion , are not the least of them ; and consequently she cannot deny , but in executing those laws , she both makes the martyr , and knows she makes him too . and if she 's so blameable in her severity against the romanists , much more criminal must her rigour against the dissenters be , whom she owns to differ from her self in little more than ceremonies and punctilio's . nay , the ferment has sometimes boyl'd so high , that our protestant church has put her zeal upon the stretch to find means to vent her indignation , when some of those very laws against recusancy have been extended against the protestant dissenters , and the greatest part of their sufferings received from the lash of those laws . i shall not pretend to dive so far , as to ascertain whether that comprehension was originally design'd by those laws , or otherwise an artificial superstructure to serve a state turn ; but either way the severity of those laws is not a little notorious , where so trivial matters of dissent in religion , as has been said before , have been so cruelly treated . but if our protestant church cannot possibly be reconciled to liberty of conscience , and therefore these laws were her weapons against it , her more generous way , at least more agreeable to a christian profession , had been first fairly to have overthrown it by dint of argument , before she had made use of dint of steel to do it by : and for that purpose , i wonder how that famous bishop taylor has past for so great a doctor of the church all this while , and his treatise upon that subject call'd liberty of prophecying not yet answer'd ; or at least the author under no small ecclesiastick fulminations ( if no other way to answer it ) for so terrible a blow against the churches long main favourite bulwark , her penal laws . 't is true , some people will object , what are all these laws to the church , when enacted only by the civil power as an expedient for its own security and defence , and therefore warrantable and lawful ; nor in any respect are chargeable upon the ecclesiasticks . alas ! this is such a feeble objection , that 't is scarce to be named without blushing : as if the clergy did not act in parliament by their representatives ; nay , the very bishops sitting there in person , assenting to , and undoubtedly little less than original founders of those laws . but grant it , as they say , the meer establishment of the civil power : the clergy by owning the justice , and asserting the necessity of such laws for defence of their church , the lay-power in this case is little more than the cats paw to rake out the chesnut . nor are the civil rulers and temporal power of a christian government any ways more authorised to outgo the gospel moderation and clemency for any politick consideration whatever , than the more immediate oracles of truth the preachers themselves . and this the great legislators of those penal statutes very well knew , and therefore as i told you before , they cunningly converted recusancy into high treason , and non-conformity into riots and routs ; to find something , tho but seemingly justifiable for he fangs of their laws to lay hold of ; and so boulster'd up their penal statutes to make them able to walk upright . i 'le only put this one question to all the doctors of our church : with what conscience can a church that owns it self fallible , establish laws to punish dissenters in religion , when by her own concession of fallibility , she neither has nor can have any certainty or assurance ( how strong soever she thinks or hopes her own foundation ) but that she punishes those that possibly may be more in the right than her self ; more especially , in those professions that found their dissenting doctrins on her own basis the scripture ? i cannot tell what equity wiser heads may find out for the ordination of penal laws ; but truly in my opinion , the great prince of peace that reprimanded the drawing of that sword that cut off but the ear of the high priests servant , tho in his own immediate cause , very little intended the raising his church , or the propagation of his gospel , by either axes or gibbets , or gaols or dungeons . and he that left us the standard of christianity in the innocence of doves , never commission'd us the rapine of vultures ; and though we are conceded the subtilty of serpents , i know no warrant that he gave us either for the stings or the poyson of them . and tho my zeal for truth makes me thus plain in detecting the only shame and frailty of the reform'd church , i hope she has goodness enough to forgive the boldness of a blushing son , who is no otherwise solicitous than for her covering her own nakedness . and that i may truly term it such , the reformation that otherwise may boast her purity and principles only founded on holy writ , and all the rest of her doctrins and practices derived from those sacred oracles , will be only found tripping here ; and in all her support of scriptural records in all other points , i am afraid must have recourse even to the exploded authority of tradition only for her penal laws . for i shrewdly suspect that lollards towers and inquisition houses ( let her mince it as she will ) will be found the only precedents for the estates she has confiscated , the families she has beggar'd the gaols she has fill'd , besides her sometimes loading of gibbets , and ripping up the bowels even of her own co-disciples , because dissenting professors of christ , and all by her penal laws . nor will it suffice for an excuse to insinuate that the establishment of religion and conformity of worship on one side , and the preservation of peace and tranquillity of the state on the other side , exact the necessity of such rigid laws . [ though by the by , the peace of states is rather destroy'd then upheld by such laws ; for what civil war in almost all the christian world , that directly or indirectly has not had the oppression of some religious party , its greatest , if not only incendiary ? ] no ; to gain the first of these great ends , let the teachers and professors of our establish'd church live up to the heighth of their profession , and re-call the wanderers , and reduce the strays into the fold by their own convincing examples of christian piety ; a much more commendable way of making proselytes than the foremention'd rigid arts of conversion . and for the second great end , the governments security , if her temporal fences are not strong enough , let her make stronger ; and if any of her dissenters are the disturbers of her peace , let her single out the guilty from the innocent , and wreak her just vengeance where 't is deserved ; and not punish the dissent it self ( which as being meer matter of religion , is wholly uncapable of such crime ) for the sake of any corrupted members , that either are of , or herd under the covert of such or such a congregation of christians . for to do that work by the undistinguishing merciless hand of her penal statutes , is so little conformable to the evangelical precepts , that i am afraid the doing such notorious ills that good may come of it , whatever religious security , or gospel propagation may be intended by them ; these penal laws , i say , that can swallow the estates , fortunes , liberties and lives , of their weaker brethren and fellow christians , instead of being either christian or just , or any ways related to 'em , will at last appear much nearer of kin to that famous rover that wanders round the world to seek whom he may devour , insomuch that their ordination will be found little less than borrowing engines from hell to help to set up heaven ! now to the case of the church of england , if these are her penal laws ( for i shall not trouble my self with a tedious recital of the several statutes of that nature , as being all but scions from the same root ) i should gladly know what beauties or rather invisible charms the church of england can find in these statutes to be in the least solicitous for their preservation . for , alas ! maugre all her volumes written upon the unreasonableness of separation from her communion , and her justification of her zealous indeavours for conformity , unless the means and methods used to obtain it ( as these laws were intended for such ) be equally justifiable , her whole pretensions fall to the ground . nor will it excuse her to say , that they were chiesly enacted in terrorem , as being but seldom put in execution ; as if a studied ill deed were therefore more excusable because committed , suppose but once in an age ; when a foul act for that very cause , should rather appear the more deform'd , as 't is the rarity that makes the monster . — besides , queen mary had that plea to make ; for what were protestants even by foxes muster-roll , burnt for religion in her five years reign , to the some millions of protestants in those days , when half the kingdom was of that persuasion ? an infinite larger number to cull out so many sufferers from , than all the popish priests that rome has sent over these years past , or shall do in as many more to come . to return therefore to his majesties proposal of abrogating these laws , 't is a greater duty upon the church of england to abolish 'em than in the dissenters themselves ; for as 't is a yoke imposed upon their weaker brethren , in it self wholly unjust , the sufferer under that yoke in endeavouring to break it , only acts by the motives of self-defence , the common principle of nature : but the imposer of that yoke is tyed by the obligations of religion it self , to repeal and repent his own act of injustice . besides , if all arguments of conscience cannot prevail ; and policy , not equity ( though heaven forbid so uncharitable a thought ) is our churches guide ; yet , even then too , what do's she yield up in abolishing those laws ? why , truly nothing . for whilst the government continues in the hands of a prince of the romish religion , those statutes will utterly lye dead ; for the royal indulgence , a prerogative in the crown , will never put them in execution : and if abolisht , however the next protestant prince has the power of resumption , if his conscience shall think fit to give them a resurrection . what reason therefore has the church of england for her nonconcurrence to a proposal so equitable , when she has not so much as the least pretext even of meer interest it self for her refusal ? but this i am sure , as the church of england can have no solid reasons to oppose their repeal , the state has very substantial ones to inforce it . for as trade is the greatest support and strength of a kingdom , i know no politicks so conducing to the commerce and wealth of a nation as liberty of conscience . what greater encouragement to naturalization ? and england that is not overloaded with people , can have no fairer inlet to bring in whole families and estates , and indeed the wealth of the world ( besides the opening that current of commerce even amongst our present natives , which the late restraint of worship had so much shut up ) than liberty of religion . nor can i better instance the effects of this policy than in the growth of the dutch greatness , and the decay of the spaniard from their different extreams of national conduct in that point . i am certain his majesty resolves to eternize his glory , by being the truest pater patriae of all the crown'd heads since the conquest ; nor has he a fairer prospect of making his kingdom a true paradise of peace and plenty , but by taking this pattern at least from the first paradise , that is , by making the lyon and lamb lye down in peace together ; our long disunions being no otherways to be reconciled , and our enmities husht but by this only vniversal pacification . i shall only add this last consideration . the execution of our penal laws and the restraint of conscience , has been the greatest blow that ever was given to the hereditary right of the subjects of england , their natural properties and immunities given and sealed to them by magna charta it self . for who can call his liberty or estate his own , whilst a superiour opinion in power shall seize our persons and confiscate our estates , for no other cause but difference of worship and faith ; and neither person , estate or liberty , redeemable under a less composition than renouncing of god ; for conformity of worship absolutely against conscience is little else . and all this capital offence so unfixt and so undeterminable a sort of transgression , that a man has only a meer lottery to be in the right or the wrong : for the blackest criminal in one reign has been the whitest saint in the next , and so vice versâ over again , witness the reigns of edward the sixth , queen mary and queen elizabeth , where the protestants were the devils one while and the papists another : nay , in the reign of henry the eighth , both papist and protestant were at one time in the wrong : for 't was remarkable in his reign , that in the same day have papists been hanged for traytors , for disowning his church supremacy ; and protestants burnt for hereticks for denying of transubstantiation . thus in their turns have all religions and opinions lain under the scourge of the severest of laws , and all for want of that obedience to a law , which humanity it self is utterly unable to pay . for though our breach or not breach of all other laws , either humane or divine , lyes in our own free will and choice : to conform or not conform to this or that belief , is wholly above the power of man ; faith only being irresistible . and if our worldly well-being , and all we enjoy in this life , depends upon such caprichious decrees of law , certainly the great charter of our liberties and estates that confirm'd 'em both under no such condition or restriction , is not a little invaded by the penalties of such laws : and i cannot tell what greater or more glorious design his gracious majesty can undertake , than by repairing so deep a breach wrought through the very fundamentals of his peoples original freedom and birthrights : nor is there , or has been a greater friend or patron of the church of england than his present majesty , who himself alone tenders her the means and opportunity to wash off those long stains and blots , which either the petulance or remissness of her protestant defenders of her faith , through these penal statutes have cast or left upon her , and so to restore her to whiteness and innocence . having made this fair inquest into the penal laws , i shall take a little search too into the test , and lay down those reasons that equally oblige us to concur with his majesty in a repeal of that too . in order to which , it behoves us first to sum up all the great and popular arguments ( if i may so call 'em , tho in reality rather the language of fears and jealousies than the voice of right reason ) daily urged for the preservation of the test , viz. that the whole defence of the protestant religion relyes on that basis . if the test were once abrogated , the church of england would soon be blown up , when all offices both ecclesiastical and civil , and all power and authority both in church and state shall be lodged in roman catholick hands ; and what not ? to answer which hideous and formidable outcry , we 'll begin first with the pretended dangers threaten'd the church of england by repeal of the test . not to insist upon his majesties reiterated word and honovr , his inviolable engagements to maintain the church of england as now by law establisht , in her uninterrupted rights and priviledges , all her churches and church-livings whatever thereunto belonging , &c. in it self alone no little security . but waving that plea , the ecclesiastical government and the church of england neither are , nor can be shaken or toucht by the abrogation of the test , the test being indeed no part of her defence . for first , the very taking of the test , is no part of the qualification of any of the clergy of england , nor was ever so much as mention'd or thought upon to be imposed or tender'd to the clergy : no ; as jealous as the founders of that test were ( or pretended to be ) of the danger of popery , and as zealous as they could be for the security of the protestant religion , they very well knew the church of england had two impregnable bulwarks , the two great acts of vniformity that themselves alone sufficiently establisht , guarded , and preserved the church of england in all points without any fortification from the test ; nor indeed was the test wanted in the ecclesiastick administration , those very statutes being a greater and stronger test before : for by those statutes is the whole liturgy , the administration of the sacraments , and indeed all the canons and articles of the church supported : for by the fence of those laws , first , no romanist can possibly be admitted into the clergy unless under the most damnable hypocrisie ( which no human test can discover ) an hypocrisie too no ways beneficial to the romish cause whilst tyed up to the divine service as now by law establisht . secondly , no other divine service , as the mass , or the like , can be introduced into our churches already constituted or assigned for the divine service of the church of england . the strength of these two laws his majesty very well knows , and is so far even from the thought of hurting or infringing the least particle of either of those laws , or the security our church has , do's , or can receive from them , by abrogating any penal laws or tests whatever , that on the contrary there is not undoubtedly that farther confirmation of those laws , and the religious observance of them , or any thing conducing thereunto , that may or shall be offer'd to his majesty in parliament , that his majesty shall not readily assent to , and as inviolably maintain . if then the church of england , her administration and government ( as 't is plain ) stand of themselves alone secure and firm , without any borrow'd prop or support from the test whatever ; the test therefore is only a buttrice ( or at least so intended ) to the civil magistracy ; as first , excluding all roman catholicks from all offices of trust in the state. secondly , from all domestick services near the person of the king. and thirdly , from all right to session in parliament . these three incapacities are by the test thrown upon the romanists . and for confuting all suspicions and jealousies , let us examine how the loosening of all these three restrictions can ●end to the subversion of the protestant religion as now by law establisht . in the first place , as to the civil government : what office in the state can a roman catholick hold , any ways empowering him to prejudice the church of england ? suppose even in the courts of judicature ( for if any apparition of any such power , 't is there ; ) were romanists ( imagine ) in all those offices ? why may not a sir thomas moor be as honest as a lord chief justice hales , and execute his office with as great integrity and justice ? why not men of equal abilities be of equal uprightness in all religions ? besides , the distribution of meum and tuum ( more especially when liberty of conscience shall be past into a perpetual law , and all penal inflictions for matter of religion thrown out of their jurisdictions ) will then be the whole business that lyes before them ; and wherein is a roman catholick judge any more incapacitated for the administring of justice than another man ? moreover , in a kingdom where their number is so truly inconsiderable , as scarce the two hundredth man in the nation , if they have hopes of making any converts or any indeavours that way , it can only be done by holding the scale of justice upright , and in all posts of trust by keeping up the steddiest standard of right and equity , as the only means thereby to recommend and endear themselves to the world , and wipe off those blemishes that the mistaken jealousies and popular misapprehensions have so long so unkindly cast upon them . and this , and this only they are very sensible is their chart to steer by ; and their great pilot , their royal master , the best read student in the arts of empire that possibly ever graced a throne , equally knows to be his only course , and undoubtedly as sacredly resolves to make it so . and if the judges of the land suppose of the romish religion ( besides their oaths that bind 'em , and his majesties honour that shall influence them to it ) have these obligations more and above even of interest to their very religion it self , to move in so regular a sphear of justice , where lyes our danger ? and if this higher station will be so inoffensive , what can the poorer justices of the peace , or the inferiour subministration of the government signifie , in popish or not popish hands ? but in this case i have heard some people say : alas ! what stretch of the laws will not such judges make ? perhaps for instance , pick a hole in the abby-lands , and start some dormient title or other to revert them to the church of rome ; a patrimony that will not a little enrich the romanists and advance their cause . this idle objection was scarce worth naming ; as if the stretching of our laws in that point was not as notorious and arbitrary as a total violation of the subjects right , and rending the whole frame of the laws in sunder . but to check this idle surmize ; if a romish parliament it self in the reign of queen mary , with the very restoration of the romish religion and papal supremacy into the saddle , never so much as attempted to revert those lands : nay , on the contrary , their whole title was confirm'd to the present possessours by a decretal from rome it self , as was then so solemnly done by cardinal pool , the then popes legate : how groundless must the fear be of any thought or attempt of reverting them now ? or why must the romish judges in any kind subvert or undermine the laws , contrary to all their best politiques in the present state of england , to no true advantage either to themselves or their church , and possibly to be answerable for it with their heads , if they live to the next protestant prince . to come next to the officers of his majesties houshold , &c. to have those posts too barricado'd with tests , and the imperial dignity so shackled , as to be debarr'd the choice of its own menials ; nay , even of its conversation it self , is an insolence put upon majesty , as had been scarce tolerable from an ordinance of forty eight , much less an act of parliament . but for our less wonder at it , we are to consider 't was hatch'd in the same republick nest : for no less than the great old patriot of three names sate for the brooding of it . i think i need not raise arguments to prove how little those gentlemen of honour , the courtiers i mean , of any religion whatsoever , in that innocent station are , or can be concerned in shaking either church or state. it is enough to say that greater indignity under the sanction of a law , was never impos'd upon a crown'd head. the meanest gentleman in england , whilst this test keeps footing , has a prerogative above the king. for the choice of his steward , bayliff , attorney , or solicitor , &c. are in his own free election : but these were priviledges thought too large for a king ; and therefore he is stinted and bounded to such elections , as the more imperial wisdom of his great masters in parliament judge fittest for him . monarchical rule is said to be like that of heaven , where the primum mobile acts altogether by inferior sphears , and second causes . and so majesty by its officers and ministers , as so many vehicles , by which the influences of the royal power are convey'd , to set the great machine a moving : but truly this ascendancy the late law-makers , judged too great for the king of england ; and therefore they found an expedient to render the monarchy little more than precarious , making the whole ministers of the state the creatures of the test , and not of the king. now i desire to know how in reason we can imagine , that a king , in himself the fountain of honour , and original of power ; though in his nature , the mildest and best temper'd of princes ; though without the least thought of unhinging the frame of the government , or disturbing the settled church of his kingdom ; to blast his own glory , and lose his subjects hearts ; ( for that would be all the crop 't would yield him ; ) i wonder i say how we can imagine , that the best and most gracious of princes , tho without the foremention'd designs , could nevertheless brook so vnprincely a yoke as the test . — and truly to justifie his majesties heartiest endeavours against both penal laws and test , in not labouring to abrogate the first , as they stand in force against the lives and liberties , ( and how unjustly has been proved before ) of the members of his own communion , he would be the most unnatural of men ; and in not labouring to repeal the last , as standing so egregiously in force against the right and prerogative of his crown , and indeed originally forged in affront to himself , he should be the most dishonourable of princes : nor will it serve to object , that his late majesty ( whatever diminution to the prerogative it might be ) by passing it into a law , has alienated that power from the crown . for to answer that argument , we are assured , that whatever alienations of that kind the easiness of the present possessour of the crown , or any other reasons may induce him to make , are no ways truly binding to the successor . now to come to the last point , the qualification of members in parliament by the test : and first , i shall not so much insist upon the notorious invasion of the birthright of the peers by this exclusion from parliament , as being a point already so well handled by better pens , and never yet answered ; nor shall i so much insist upon the illegality and vnreasonableness of tests in general of any kind , as was once argued in parliament by the lord delamere in opposition to a test proposed by the earl of lindsey , a test , which ( though not thought legal to be imposed as such ) contain'd no other than the highest obligations of loyalty that every subject owes to his prince . but if the making of tests in parliament , which with the sovereign consent ( as kings are but men , and sometimes the exigence of affairs , may extort the royal fiat ) lyes in the majority so to do : suppose the forgers of this test ( for by the by they were none of the best friends of the church as now by law establisht ) had follow'd their blow , and form'd a second test to deny episcopacy to be jure divino ; a dispute much bandyed in those days : here had the bishops been thrown out of the parliament , if not the whole hierarchy out of the kingdom . and so by tests ad infinitum , how might the basis of the whole government been overturned , and the very houses of parliament dwindled at last , to the scandalous dimensions of the old fashion'd rump . for if one test to exclude a score , why not another to lop off a hundred ? and indeed , how are our present parliaments the comprehensive body of the nation , when so many of the peers , not there by representatives , are shut out ? nay , how much is the dignity of the laws they make , and the very constitution of our later parliaments themselves impair'd and lessen'd by such an exclusion ? but to come to the main business , viz. to obviate the greatest and terriblest clamour of fear and jealousie against the repeal of the test , viz. if the test were destroy'd , who knows but parliaments may be so managed as to turn out the church of england , and set up popery even by law it self ? this indeed is the gorgon , that frights half man-kind out of their little senses . but where , or how is this popish parliament to be gotten , ( for a protestant one will hardly be so complaisant : ) but to search out every cranny that this imaginary danger is supposed to creep in at , let us examine the house of lords , and try their inclinations that way . if the test were laid aside , and the excluded lords restored ; what would their number signifie ! at out last parliament , the protestant peers amounted to , and the excluded romish barons ( nor are they much increased since ) were not a tenth of their number . so that here 's an absolute want of a prodigious creation of romish barons to rise to a majority ; nay , and of so many estates too , to support the grandure , as possibly would stagger imagination it self to find a treasure , enough to purchase : for so many new dignifications , especially of gentry , or landed men to start up lords , among so thin sown a party , would put 'em damnable hard to it . but for once , grant such an extravagant donation of honour , and such goldeu mines to maintain it , might form a house of lords capable of over-ballancing on the popish side ; where shall the house of commons be had ? for without both they do nothing ! they would go nigh to find such a dead weight in the lower house , as all the tuggs of rome would never be able to stirr ; and this stupendious parliamentary subversion of the church of england a phoenomenon only in nubibus . a popish house of commons too ! alas , they 'll tell you , very easily . has not the king for instance , got a new way of regulating corporations , nay , has he not ( or will do before next sessions ) already modell'd all their charters , and undoubtedly left few or none , either citizens , burghers or free-men , in whom the election lies , but such as are his friends and creatures . very well : suppose he has , or will take care , to the best of his endeavour or power , to establish corporation to his own hearts liking : after all , where shall there be one roman catholique in all the next election ; and what shall these creatures , ( if you 'll have 'em so ) do more than choose every numerical member a protestant : for till the test be legally dissolved , they must all be so . and truly what if this next , tho' protestant parliament , out of an abhorrence of the vnchristian barbarity of the penall laws , shall do themselves , their posterity , their country , and his majestie justice in dissolving them ? and what if likewise their true sense of the most servile imposition that imperial dignity ever bore , their tenderness for his majesties honour and prerogative , together with their gratitude , for the plenty and peace his reign has bless'd them with , shall incline them also , to break those fetters of the crown , the test ; and all no more than high-justice and right reason shall oblige them to ; must it therefore follow , that they shall do themselves , their families , their yet unborn heirs , and their no less concern their country that wrong , as to give up their tenderest and nearest care , their religion ; or any thing tending to it ! well , but say they , if this next parliament will not do the work ; when the test is once gon ; 't is but calling new popish ones that will. i , but who shall choose them ? the electors are all the same : for the corporations are , or will be settled to his own model : and test or no test in being , their inclinations will be all the same ; and upon any new choice , beyond all dispute , the majoritie of the old members elected again ; and if any new ones amongst them , those too as far from leaning towards rome , as the popular frantick jealousies are from common sense . upon the upshot , i defie all mankind to form one reasonable projection , or indeed , imaginary possibility of such a popish parliament . for instance we must run into endless labyrinths and chimaeras , for the meer shadow of such a danger . for first the king must dissolve all his late charters again ; no matter whether forfeited or not ; and so throw dirt in the face of his own yesterdays royal acts and grants : for all the free-men , burggers , or aldermen , and whatever the present electors , and consequently all the trading part of the nation , must be displaced and cashierd , ( a very violent reform , and an ingratitude , which his majesties nature abhors , to those very men , that by rescinding the penall laws and test shall have duty fully given him all he could ask : ) and a new set of romans planted in their rooms ; or otherwise , if the present electors continue in their posts , a majority of papists must be crowded in to over vote them : but where to be had , let machiavil himself inform us . for alas , where are these popish vpstarts to be found . not amongst the present inhabitants of the corporations : for how many corporations are there in england , that have not so much as one man amongst them of that religion . nay , take some parts of england , as the west for example , where corporations stand thickest , and papists grow thinnest , and you shall not find in whole counties the hundredth ( nay , if i trebled it , i should not mistake . ) part of papists , of all degrees whatever , to supply such a corporation majority of electors , or any thing like it . and indeed , take the whole nation round , and make every romanist that writes the age of man an alderman , they shall fall so short still of the account , that they must be forced to send over for jago pilgrims , ( a good jolly troop too ) or some other , as extravagant helps to make out the number , or otherwise our out-cry will be but noise , and our fears but fantoms . but suppose any such wondrous electors , such alien or forreign supplies of romanists could be found , and so irregularly thrust into corporations , as to carry a popish majority of corporation members : nor will such a bare majority do the work. one additional hundred of popish members extraordinary must be had , to over-power the knights of the shire , who in spight of all pretended corporation feats , will be firm protestant members ; the over-byassing of whole counties , being an apprehension that lunacy it self can never forge . nevertheless , suppose all these alien supplies so obtruded upon us , enough to carry the cause . alas , what palliation , nay , what eloquence of angels is enough to vindicate such irregular and such arbitrary foundation of a parliament ; and instead of a legal assembly , and truely national senate , or popery so establisht the sacred sanction of a law , even half an eye would see through the fraud , and the whole world explode and condemn so visible a deceipt and illusion : insomuch , that his majesty with as much justice , and twice as much honour ; ( pardon the profanation even of such a supposition ) might as well set up , sic volo sic jubeo for law , and save himself the trouble of calling of parliaments , for dissolving penall laws or tests , or any other such tedious , and indeed , of the two more vnprincely toil and labour . what mountain height , are fears raised to ; but how shallow a basis are they built upon ? alas , we are not in any kind to take comparisons from queen marys , or queen elizabeths reign . the turning the scale of parliaments in those days , was the least part of any reasonable mans wonder . what an easie matter for the influence and ascendancy of imperial power to sway laws , and establish churches , as the sovereign inclination leaned ; when the church of rome was not so low in its wane , or the young reformation so high in its increase , but either party were in a manner the moiety of the nation , and consequently the favour of the crown might go far , and a majority on the royal side , be more easily obtained . but in the present , even despicably diminitive number of romanists , and so almost a total bent of the whole nation to the other side , the project is so impracticable , and the turn so impossible , as only delirium can shape a fear of it . but now to sum up all , and draw towards a period : between such penall laws , and such tests , and the wondrous episcopal tenderness for their beloved preservation , our church , though a good mother , is but a course nurse , when such vnlickt brats as these , are her hug'd and dandled bantlings . and our consciencious mute prelates , were certainly under the fascination of no ordinary hot zeal , or something else as warm , to be warpt into disobedience in so poor a cause , viz. the reading so inoffensive a paper as his majesties declaration . — but perhaps , after all , there may be more in it than we are aware of . for who can fadom the depth of such a disobedience ? who knows but this very mask of conscience might be one of the subtlest stratagems of interest . who , i say , knows but the loss of so considerable a church regalia , so dear an ensign of ecclesiastick sovereignty as their tormenta and flagella , their tests and penall laws ; and so sensible a diminution of their grandevr , their diana grandevr , threaten'd by the relaxation of those laws , might be so near a concern to them , that seing the royal indulgence to religious liberty , daily more and more gaining upon the hearts of the people , and to stop the carreer of so general a compassion , the fatal effects of so growing a contagion ; their denial of reading so pacifick a declaration might possibly be one of the most exquisite artifices to stiffle the generous product of it into abortion ; their very refusal being really no more than purposely to court sufferings , to gain proselytes , as well fore knowing , upon the least punishment for it , tho' ever so much their due , to have their condoled and pittyed cause , seen through those popular false opticks , as should turn even justice it self in persecution : and so by alaruming the old ignorance into new jealousies , they might so harden that present ( too universal ) popular lenity towards tender consciences , and more than probably so affect the frightned populace , and thereby so far influence the next election as to defeat the whole royal purposed clemencie , and gain their own point . i should be sorry to be mistaken in this suspicion ; but truly the shallowness of so weak-reason'd an obstinacie against so innocent a command of the king , looks so very like some such sort of ecclesiastical polity , that i am affraid the consciencious stumble at so diminitive a gnat , will at last be found a meer artful piece of priest craft , to keep their dagon from falling : and what that dagon is , let the world judge ; for excepting the engines of their tyranny , and the supporters of their pride , i know no strength the penal laws or tests , either have or can yield them . but above all things that the illegality of the king 's dispensing power , should be a specter that appeared so dreadful to their lordships , yet walks invisible to every mortal eye-sight else , is not a little surprising , the very straitest-laced prerogative men , never denied the king his dispencing power in cases of offence only against himself , absq . damno alterius ; and wherein the bare exercise of religious worship is , or can be alterius damno , their wisdoms would have been kind to inform us : or wherein any minister or officer , qualified or not qualified by the test , in any civil or military station , ( for his majestie pretends to no other dispensation ) can be damno ecclesiae would be another piece of discovery , as kind as the other . wherein , & what has our church , or our nondispensing church-men suffered by all this toleration . have they lost the least particle of their government , discipline , rights , priviledges , or possessions whatever . is there any of our nontested magistrates , or our vnpinion'd dissenters in all this freedom , has wrongd our church of so much as a sprig of mint , or a corn of cumminseed that she can challenge hers. is she denyed either law or justice , for so much as the claim of a tythe egg ? and that this dispensing power , may not look altogether so hidious , what is the king 's dispensing power in penal laws , really any more than his pardoning power . the transgression of those laws , incurrs such a penalty or punishment , and the royal clemencie , is graciously pleased to remit the forfeiture . and indeed , what does his declaration amount to more than a noli prosequi , ( only a more universal one ) the common and daily plea of the crown . his majesty , by his unquestion'd right can pardon ; and what 's his declaration truly more than that he will do it . our great crown-sticklers , have to a very fair purpose , so long preach'd up our king's , the vizegerents of god , to come at last to the denying them any part of the brightest prerogative of the divinity mercy . and as to the backing the credit , of their assertion , by their parliamentary authority of , &c. i am sorry to hear our divine gamalels lay hold of so weak a handle , as to set np a transient vote against a fundamental prerogative . and as to their insinuation , that upon our conceding a dispensing power , in the case of the penal laws and tests ; it must therefore follow , that we should open an inlet to lay aside all laws , both ecclesiastick and civil ; 't is an ergo sequitur , so strangely far stretch'd , that they might e'ne as well have said , ( and the consequence have hung as well together too ) that because some of our severe fathers of our church , have reasons of conscience and policy , to support laws for the depopulating of kingdoms , therefore the gentler father of our country , ought to have the same reasons too . i hope , their lordships , if for nothing but the reputation of their wisdom and learning , did not tender these petitioning reasons to his majesty , as intended for convincing ones . for truly by the strength , both of their alledging and inferencing , this part of their petition , if not all of it , i am affraid looks more like written for the reading of the rabble , than of the king but to conclude . as the fore-mentioned are all our dangers from their repeal , wherein are his majesties demands unreasonable , in asking the repeal of the penal laws , in which almost the whole vox populi , witness the late numerous adresses , joyns with him , and the principles of nature , humanity and conscience plead for him . or in asking the repeale of the test , for the asserting of his own honour , and the recovering the birth-right of a king , by endeavouring to shake off the most shameful vassalage that monarch ever truckled under . and why must his endeavours of doing his people so much right in the first ; and himself so much right in the last , be so poorly mis-interpreted , by the unnatural surmises of his vngrateful people . but let us blush and mend , and by giving up these laws , do equity in return of clemenoie and mercy . finis . the petition of mr. praise-god barebone, and several others, to the parliament. presented on thursday the th of february, . barbon, praisegod, ?- . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing b ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing b estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the petition of mr. praise-god barebone, and several others, to the parliament. presented on thursday the th of february, . barbon, praisegod, ?- . sheet ([ ] p.). [s.n.], london : printed in the year, [i.e. ] imperfect: cropped, creased, stained, and with print bleed-through. reproduction of original in: bodleian library. eng barbon, praisegod, ?- . great britain -- history -- charles ii, - . great britain -- politics and government -- - . broadsides -- london (england) -- th century. a r (wing b ). civilwar no the petition of mr. praise-god barebone, and several others, to the parliament. presented on thursday the th of february, . barbon, praisegod b the rate of defects per , words puts this text in the b category of texts with fewer than defects per , words. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion the petition of mr. praise-god barebone , and several others , to the parliament . presented on thursday the th of february , . the house being informed that divers petitioners wer at the door , they were called in , and mr. praise-god barebone in the name of the rest , being come to the bar , addressing himself to mr. speaker , said , we are come to wait upon this honourable house with a petition from such as are lovers of the good old cause ; the petitioners are such as have adhered to this parliament , and such as are lovers of justice , righteousness , freedom , and lovers of a common-wealth , accounting it the best government : there are many subscriptions , i may say thousands , and in their names i do humbly present it to you : and thereupon presented the petition , who being withdrawn , the petition was read , and is as followeth ; to the parliament of the commonwealth of england . the representation and address of the well-affected persons , inhabitants of the cities of london and westminster , and places adjacent , being faithful and constant adherers to this parliament , who are resolved ( by the assistance of almighty god ) to stand by , assert , and maintain their authority , against all opposers , notwithstanding the present confidence and bold attempts of the promoters of regal interest , by the declared enemies of their cause and authority . whereas the good old cause was for civil and christian liberty , against oppression and persecution ; the oppressors and persecutors , were chiefly the king , his lords and clergy , and their adherents , who to effect their designs , raised war against the parliament . whereupon the parliament in defence of civil and christian liberty , call the oppressed and persecuted to their aid , by whose assistance the oppressors and persecutors have been subdued , kingship and peerage abolished , and persecution checkt ; by which the number of conscientious friends to the parliament , have been so exceedingly encreased , that they are now ( by gods assistance ) in a far more able capacity of keeping down their enemies , than they were in those times when they subdued them . nevertheless , so watchful hath the restless enemy been to make advantage , that what ( time after time ) he hath lost in the field , he hath endeavoured to regain , even in the parliaments council ; where because he had not the face openly to bring in the king , with the former oppressions and persecutions , they shrowded and vailed themselves , one while under a personal treaty , another while , under a cloak of zeal , against blasphemy and heresie , their endeavours being to bring in the king upon any terms ; to cherish the persecuting party , and to brow-beat their most conscientious opposers . upon which pretences , nevertheless they have , through tract of time , and the unsettledness of government , prevailed so far , as under the notion of a moderate party , to get the subtillest of their friends into many places of trust and command , both civil and military , through whose countenance and encouragement , albeit the parliament upon good grounds , voted the government by king and lords useless , burdensom and dangerous ; and declare very largely for liberty of conscience , yet of late a general boldness hath been taken , to plead a necessary of returning to the government of king and lords , a taking in of the kings son , or which is all one , for a return of the justly secluded members , or a free parliament , without due qualifications , whereby the good old cause of liberty , and freedom ( so long contended for against regal interest ▪ with the expence of much blood and treasure ) and the assertors thereof , will be prostituted to satisfie the lusts of the enemies of the common-wealth , where in they have prevailed so far , that unless all conscientious persons in parliament , army , navy and common-wealth , do speedily unite , and watchfully look about them , as the sword will certainly ( though secretly and silently ) be stolen out of their hands ; so also will they find all civil authority fall suddenly into the hands of their enraged enemies , and a return of all those violences , oppressions and persecutions which have cost so much blood and treasure to extirpate . the serious apprehensions whereof , hath stirred up your cordial friends to desire you to use all possible endeavours to prevent the commonwealths adversaries in this their most dangerous stratagem ; and as the most effectual means thereunto ; we pray , i. that you will admit no person or persons to sit , or vote in this , or any future parliament , or council of state , or to be in any office or judicatory , or any publick trust in the commonwealth , or command in the army , navy , or garrisons , or to be a publick preacher to the people at sea or land , or any instructer of youth , except such only as shall abjure , or by solemn engagement renounce the pretended title , or titles of charles stewart , and the whole line of the late king james ; and of every other person , as a single person , pretending , or which shall pretend to the crown or government of these nations of england , scotland and ireland , or any of them , and the dominions and territories belonging to them , or any of them , or any other single person , kingship , peerage , or any power co-ordinate with the peoples representatives in parliament ; and all coercive power in matter of religion , according to a vote of a grand committee of this parliament , of the of sept. . ii. we further pray , that it may be enacted , that whosoever shall move , offer , or propound in parliament , council , or any other court , or publick meeting , any matter or thing , in order to the introducing of charles stewart , or any of that family as aforesaid , or any other single person , house of lords , coercive power in matters of religion , or any power co-ordinate with the peoples representatives in parliament , may be deemed and adjudged guilty of high treason , and may suffer the pains and penalties thereof . and that whosever shall in parliament , council , or any other publick court , or meeting , move for , or propose the revocation of this law ( when by you enacted ) may be deemed and judged guilty of high treason , and suffer the pains and penalties thereof . in the prosecution whereof , we shall stand by you , with our estates and lives , to assert and maintain your authority , against all oppositions whatsoever : notwithstanding the present confidence , and bold attempts of yours and our enemies . signed by , &c. resolved , that the petitioners have the thanks of the house for the expression of their good affections to the parliament . the petitioners being again called in , mr. speaker gave them this answer . gentlemen , the house have read your petition , and they do find that you have been such as have constantly born them good affections , and that your affections are the same still , and for the expressions of your good affections , the house hath commanded me to give you thanks , and in their names i do give you thanks accordingly . notes, typically marginal, from the original text notes for div a e- these petitioners declare themselves disaffected to conscientious men in civil & military imployment , and also to godly ministers , as his excellency the l. gen. monck doth take notice in the & pages of his letter , dated from whitehall febr. . . the game at chesse. a metaphoricall discourse shewing the present estate of this kingdome. the kings, the queenes, the bishops, the knights, the rooks, the pawns. the knights signifie the high court of parliament; the rookes, the cavaleers. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing g thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) the game at chesse. a metaphoricall discourse shewing the present estate of this kingdome. the kings, the queenes, the bishops, the knights, the rooks, the pawns. the knights signifie the high court of parliament; the rookes, the cavaleers. cartwright, william, - , attributed name. p. : ill. printed for thomas iohnson, london : febr. . anno dom. . attributed to william cartwright in the wrenn catalogue. annotation on thomason copy: " ". title page has llustration of men at chess. reproduction of the original in the british library. eng england and wales. -- parliament -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason e _ ). civilwar no the game at chesse.: a metaphoricall discourse shewing the present estate of this kingdome. the kings, the queenes, the bishops, the knight [cartwright, william] b the rate of defects per , words puts this text in the b category of texts with fewer than defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - pip willcox sampled and proofread - pip willcox text and markup reviewed and edited - pfs batch review (qc) and xml conversion the game at chesse . a metaphoricall discourse shewing the present estate of this kingdome . the kings , the queenes , the bishops , the knights , the rooks , the pawns . the knights signifie the high court of parliament ; the rookes , the cavaleers . depiction of a game of chess between a parliamentarian and a royalist. london , printed for thomas iohnson , febr. . anno dom. . the game at chesse : a metaphoricall discourse , shewing the present estate of this kingdome . to discourse of the excellency and antiquity of the noble game of chesse , would require a farre larger volume then my occasion will permit to write , my intention being onely at the expression of this kingdomes affaires , which fitly may be allegorically described by the battaile of the chesse ; yet cannot i omit to tell you , that this chesse is the ancientest of all games of that nature , being invented ( as is credibly affirmed ) by xerxes , king of persia , many yeeres before the nativity of our saviour , to avoid idlenesse among his souldiers , when hee led those great and stupendious armies that levelled mountaines , and drunke up rivers in their passage into greece : and indisputably , it is allowed to be the most excellent and ingenious of all games , being far superior to cards or tables , which depend as much on the uncertaine disposition of chance , as upon the gamesters skill or cunning , when this of chesse is meerly directed by the strength of wit and judgement : the spanyard , whose gravity in carriage is famous above all nations , having it in so much esteeme , that they will allow any stranger to be a gentleman that can play at the chesse . but according to my promise , to avoyd prolixity , i shall briefly to my promised allegory . first , we must take into consideration , who are the principall combatants in this battell , and wee shall finde to be two different armies , black and white ; over each of which is a king , and queen ; their assistants , bishops , knights , rooks , and pawnes . and first for the king , hee is the principall leader on of his men , the queen as his lievtenant generall , the bishops his counsellors , the knights his supreme officers , the rooks and pawnes his gentlemen or cavaliers , and mercenary souldiers . this being presupposed , the application of this allegoricall game will be very easily alluded to the present businesse of this realme . first , the blacke army at chesse , signifies justly and aptly his majesties , which bath produced so many blacke and bloody effects in this kingdome , and so many plunderings , rapines and murthers , that the beautious face of this pleasant land is bestained and bedewed with blood ; the inhabitants thereof beaten and terrified out of their peaceful dwellings , their goods dispoyled and taken away by his majesties rooks , namely the cavaliers : and if the euxine sea is called the blacke sea , out of its blacke effects , certainly by the same reason that may be termed the blaoke army . the white army , which is the ensigne and badge of innocence , betokens the parliaments army , raised for the security and safety of the common-wealth , against the said blacke army of malignants . his majesty moves as doth the king at chesse ; after the motion of his pawnes , rooks , knights , bishops and queen ; and according as they thrive is the successe in the battell : how evidently is this paralelled with the kings proceedings . first his pawnes move , these were those poor●e courtiers , that to begin the afflictions of this kingdome first gave life to those fearefull and oppressive monopolies , begging such things to themselves as were destructive to the essence of the peoples liberties , and the fundamentall lawes of this kingdome ; and when they , like common souldiers , or forlorne hopes , had led the way to this game of death and destruction , forward steps the rooks , viz. the cavaliers , young gentlemen of as desperate fortunes as conditions , and they fall pell mell into the conflict , perceiving the white knights , viz. the honourable the high court of parliament assembled to stop the violent torrent of the pawnes proceedings , instill into his majestie , that there was no safety for him , against the endevours of the white knights , if he did not straight forsake their association , and betake himselfe to open hostility and armes , that so this kingdome , which in the precedent yeeres of his father , and his owne peacefull raigne , had beene governed by the lawes and justice ; might fall into the hands of the souldiery , that they whose armes had long time rusted in ease might againe be put into use , that they who had no estates at all might have a military licencious priviledge to prey upon the estates of others , which how they have done is to the whole kingdome perspicuous ; and communicating their intents with the blacke knights , namely , such of his majesties cabinet-councellors and the discontented nobility ( as either ambition , or their owne passed crimes had rendered obnoxious to the just censure of the white knights ) they found them ready to assist their malevolent and ungracious purposes , and they in their degree , as they are at chesse , being neere the king , with open out-cryes , instill into his majesties too credulous eares unheard jealousies , feares and suppositions , and intimated to him , that the white knights intended to abridge his royall prerogative , and quite contrary to the dignity of kings to confine the regall power to limits , and lessen his authority descendent to him from his ancestors ; but fearing their owne perswasions would not be prevalent enough to set him into open hostility with the white knights they draw into their confederay the bishops , who apted for innovations readily joyned in the conspiracie , telling his majesty , that the purity of religion was perverted ; that divers new and unheard of schismes and heresies were crept up in the church , of which he was bound to be the defendor ; that the white knights by reducing an annarchy upon the church , sought to inflict the same upon the soveraignty , that their power ecclesiasticall being de jure divino , was correlative and consubsistent with majesty ; and if that the one were taken away , the other could not stand , using all the subtile perswasions ambition and malice ( which are two pernitious counsellors ) could invent , to set afire the adust melancholy in his majesty : the queen too ( wrought upon by their means ) incensing the king to this dissention with the white knights , namely , his parliament , at last it tooke effect according to their wishes , and his majesty pretending hee could not be in safety at his owne palace , withdrew himselfe thence into the north , ( after the transportation of his queene ) who , as his lievtenant generall , was to furnish him from beyond the seas with forraigne supplies , and from the north , as the proverb testifies , can come no goodnesse , and there drew his army of pawnes and rooks , cavaliers and malignants , knight and bishops , discontented , nobility , gentry and clergy together , and with banner displayed , resolved to bid the white knights battell ; who seeing themselves so endangered by the malice of their enemies , began to bestir themselves , summoning their pawnes , namely well-affected souldiers , their rooks , valiant gentlemen and loyall subjects ; their knights , those of the nobility and gentry , that stood for the good of the kingdome , and liberty of the subject ; their bishops , the religious and untainted clergie , they created themselves in stead of a king and queene , a lievtenant generall , and a generall to mannage their army , and fight the lords battells against that blacke regiment of cavaliers , and so advanced toward the enemy . the game at edge-hill being now begun , first fell to it the pawnes on both sides , the rooks and knights sighting with much fortitude and courage ; the innocence of the cause on the white knights side so animating their valiant pawnes and rooks , that on the black rooks , the cavaliers , they fell with much force and violence , disordering their rankes , taking divers of them prisoners , and slaughtering others ; for the blacke bishops , they were taken prisoners by the white ones , and their knights ; and according to the custome of chesse , put into a bag , divers of them being imprisoned , and the wings of their authority which soared so high , clipt so neare , that they can now fly no more then tame jack-dawes . but yet the fight was not ended , those sturdy knaves , the blacke rooks , the cavaliers , rallying themselves againe together , and as it were leading his majesty captive to oxford , have there intrenched themselves , and made since divers attempts upon the white knights forces , whose generall ( vigilant on all occasions that might advantage this parties cause , and secure the common-wealth ) hath met those mischievous rooks divers times , and given them strange and advantagious overthrowes ; yet they according to their naturall condition , perverse and malignant , will not be perswaded to submit to authority , or to suffer the kingdome to be in peace , but with continuall excursions and inrodes , they invade the subjects estates and persons that continue firme in their allegiance to the king and the white knights , plundering their houses , and inforcing their wives and daughters to their lusts ; so that the cry of their iniquity hath even ascended up to heaven , and called out on the divine omnipotence for vengeance against their bestiall and abominable cruelties . the blacke bishops in the meane time stirring up the people to their part , by wresting texts of scripture to serve their purpose , so that when this battell at the chesse between the white and blacke houses will be ended , surpasses my skill in prophesie , to determine . the only way to end this desperate conflict in my opinion , were if his sacred majesty would be pleased to hearken to the counsels of the white knights , and re-associate himselfe with them ; giving up his blacke pawnes and rooks , his cavaliers and malignants , to the impartiall hands of gregory , who would finish all their machinations and designes with a comfortable halter . if his highnesse would please to put the residue of his blacke bishops into the same bag where their fellowes are ; and for his black knights , give them up to be judged by their peers , who would censure them with all equity according to their deserts , and so returne to his proper residence with his queen to london , and then no doubt this fatall game at chesse would be finished , till when , it is likely to continue in full force and vigor . finis . die martis, januarii, . an act of the commons of england assembled in parliament, for the adjourning of part of the term of hilary, . england and wales. parliament. house of commons. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) die martis, januarii, . an act of the commons of england assembled in parliament, for the adjourning of part of the term of hilary, . england and wales. parliament. house of commons. sheet ([ ] p.) printed for edward husband, printer to the honourable house of commons, london : jan. . [i.e. ] signed: h: scobel, cler. parl. d. com. reproduction of the original in the british library. eng england and wales. -- parliament. -- house of commons -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no die martis, januarii, . an act of the commons of england assembled in parliament, for the adjourning of part of the term of hilary, england and wales. parliament. a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion die martis , januarii , . an act of the commons of england assembled in parliament , for the adjourning of part of the term of hilary , . the commons assembled in parliament , holding it convenient and necessary , for divers weighty reasons and occasions , to adjourn part of the next term of hilary ; that is to say , from the first return thereof , called octabis hilarii , until the return of crastino purificationis next ensuing : be it therefore ordained and enacted by the commons assembled in parliament , and by the authority aforesaid , that the said term of hilary be adjourned , that is to say , from the return of octabis hilarii , unto the said return of crastino purificationis : and all and every person or persons which hath cause or commandment to appear in any of the courts at westminster , in or at the said return of octabis hilarii , or in or at any day or time from and after the said return of octabis hilarii , and before the said return of crastino purificationis , may tarry at their dwellings , or where their businesses otherwise shall lie , without resorting to any of the said courts for that cause , before the said return of crastino purificationis next coming , and that without danger or forfeiture , penalty or contempt to be in that behalf . and be it also ordained and enacted by the authority aforesaid , that vvrits of adjournment shall be directed to the iustices of the said courts , giving them authority to adjourn the said term of hilary ; that is to say , from octabis hilarii , until the said return of crastino purificationis , as before is said ; and the said adjournment shall be made in the first day of the said octabis hilarii . and be it further enacted and ordained , that all matters , causes and suits depending in any of the said courts shal have continuance , and the parties shall have day from the date of these presents unto crastino purificationis , as before is said : and the commissioners of the great-seal are required to issue forth vvrits accordingly . and be it further ordained , that the sheriffs of london , and all other sheriffs of the several counties in england and wales , do forthwith proclaim and publish this act in the chief market-towns within their several and respective counties . h : scobel , cler. parl. d. com. ordered by the commons assembled in parliament , that this act be forthwith printed and published ; and that the members of this house do take care for speedy sending it down to the sheriffs of the respective counties within the kingdom of england and dominion of wales . h : scobel , cler. parl. d. com. london , printed for edward husband , printer to the honorable house of commons , jan. . . plato redivivus, or, a dialogue concerning government wherein, by observations drawn from other kingdoms and states both ancient and modern, an endeavour is used to discover the present politick distemper of our own, with the causes and remedies ... neville, henry, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing n estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) plato redivivus, or, a dialogue concerning government wherein, by observations drawn from other kingdoms and states both ancient and modern, an endeavour is used to discover the present politick distemper of our own, with the causes and remedies ... neville, henry, - . the second edition, with additions. [ ], p. printed for s.i. and sold by r. dew, london : . written by henry neville. cf. dnb. errata: p. [ ]. reproduction of original in union theological seminary library, new york. page has print missing in filmed copy. pages -end photographed from princeton university library copy and inserted at end. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng prerogative, royal -- england. political science -- early works to . great britain -- politics and government -- - . - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - john latta sampled and proofread - john latta text and markup reviewed and edited - pfs batch review (qc) and xml conversion plato redivivus : or , a dialogue concerning government . wherein , by observations drawn from other kingdoms and states both ancient and modern , an endeavour is used to discover the present politick distemper of our own , with the causes , and remedies . non ego sum vates , sed prisci conscius aevi . pluribus exemplis haec tibi mysta cano. res nolunt male administrari . the second edition , with additions . london , printed for s.i. and sold by r. dew , . the publisher to the reader . courteous reader , all the account i can give thee of this piece is ; that about the middle of october last it was sent to me , accompanied with a letter without a name , and written in a hand altogether unknown to me , though different from the character of the dialogue it self , and the argument . the letter was very short ; and contained only , that the writer having the fortune to meet with this discourse ( of which he denied to be the author ) he thought it very fit to be sent to me , to the end if i thought it could be of any advantage to me , and no prejudice , i might publish it if i pleased , and make my best of it . when i had opened it , and perceived that it treated of government , and of the present times ; i supposing it to be something of the nature of those scurrulous libels which the press spawns every day , was extreamly displeased with my servant , for receiving in my absence , and in these dangerous days , such a pacquet , without taking any account or notice of the messenger who brought it : 'till he , to appease me , assured me , that the bearer did look like a gentleman , and had a very unsuitable garb to a trapan ; and that he did believe he had seen him often at my shop , and that i knew him well . when i had begun to read it , and found no harm , i was resolved to peruse it in the company of a gentleman , a worthy friend of mine ; who , to his exact skill and learning in the laws of his country , hath added a very profound knowledge in all other literature ; and particularly , the excellence of platonick philosophy . when we had joyntly gone through it , he was clearly of opinion , that although some might be angry with certain passages in it , yet the discourse reflecting upon no particular person , was very uncapable of bringing me into any danger for publishing it ; either from the state , or from any private man. when i had secured my self against damnum emergens , we went about the consideration of the other part of the distinction of the schools , which is lucrum cessans , and i made some objections against the probability of vending this dialogue to profit ; which , in things of my trade , is always my design , as it ought to be . my first fear in that behalf was , that this author would disgust the reader , in being too confident and positive in matters of high a speculation . my friend replied , that the assurance he shewed was void of all sawciness , and expressed with great modesty : and that he verily believed that he meant very faithfully and sincerely towards the interest of england . my next doubt was , that a considerable part of this treatise being a repetition of a great many principles and positions out of oceana , the author would be discredited for borrowing from another , and the sale of the book hindred . to that my friend made answer , that before ever oceana came out , there were very many treatises and pamphlets , which alledged the political principle , that empire was founded in property , and discoursed rationally upon it : amongst the rest , one entituled a letter from an officer in ireland , to his highness the lord protector , ( which he then shewed me ) printed in . as i remember ; which was more than three years before oceana was written : and yet , said he , no man will aver that the learned gentleman who writ that book had stollen from that pamphlet . for whosoever sets himself to study politicks , must do it by reading history , and observing in it the several turns and revolutions of government : and then the cause of such change will be so visible and obvious , that we need not impute theft to any man that finds it out : it being as lawful , and as easie for any person , as well as for the author of oceana , or that pamphlet , to read thucidides , polybius , livy or plutarch : and if he do so with attentiveness , he shall be sure to find the same things there that they have found . and if this were not lawful , when that any one person has written in any science , no man must write after him : for in polity , the orders of government ; in architecture , the several orders of pillars , arches , architraves , cornishes , &c. in physick , the causes , prognosticks and crisis of diseases , are so exactly the same in all writers , that we may as well accuse all subsequent authors to have been but plagiaries of the antecedent . besides this , the learned gentleman added , that oceana was written ( it being thought lawful so to do in those times ) to evince out of these principles , that england was not capable of any other government than a democracy . and this author out of the same maxims , or aphorisms of politicks , endeavours to prove that they may be applied naturally and fitly , to the redressing and supporting one of the best monarchies in the world , which is that of england . i had but one doubt more , and that was an objection against the title , which i resolved at the first not to mention , because i could salve it by altering the title page . but since i had opportunity , i acquainted the gentleman with it : and it was , that certainly no man would ever buy a book that had in front of it so insolent and presumptuous a motto as plato redivivus ; for that he must needs be thought not only vain in the highest degree , but void of sence and iudgement too , who compares himself with plato , the greatest philosopher , the greatest politician ( i had almost said the greatest divine too ) that ever lived . my counsellor told me that he had as great a resentment of any injury done to plato as i , or any man could have . but that he was hard to believe that this man intended to compare himself to plato , either in natural parts or learning ; but only to shew that he did imitate his way of writing , as to the manner of it ; ( though not the matter ) as he hath done exactly . for plato ever writ these high matters in easie and familiar dialogues , and made the great philosophers , and learned men of that age ; as simias , cebes , timaeus , callias , phaedon , &c. yea and socrates himself , the interlocutors , although they never heard any thing of it till the book came out . and although talking of state affairs in a monarchy must needs be more offensive than it was in the democracy where plato lived . and therefore our author has forborn the naming the persons who constitute this dialogue ; yet he does make a pretty near representation and character of some persons , who , i dare swear never heard of this discourse , nor of the author's design . this convinced me , and made me suffer the title to pass . so that i have nothing more to say to thee , courteous reader , but to desire thee to pardon the faults in printing , and also the plainness and easiness of the style , and some tautologies : which latter i could easily have mended , but that i thought the author did not let them pass out of neglect , but design : and intended that both they , and the familiarity of the words and expressions , suited better with his purpose of disposing this matter to be treated in ordinary conversation amongst private friends , than full periods and starch'd language would have done ; which might have been impropriety . the next request i have to thee is , that if thou dost believe this discourse to be a very foolish one , as it may be for ought i know ( for i am no fit iudge of such matters ) that thou wilt yet vouchsafe to suspend thy censure of it for a while , till the whole impression is vended : that so , although neither the publick nor thy self may ever reap any benefit or profit by it , i may be yet so fortunate by thy favour as to do it . which will make me study thy content hereafter in something better ; and in the mean time remain , thy friend and servant . errata . pag. ii. lin . . for we r one . p. . l. . ' for sphynx r. oedipus . p. . l. ult . r. iussu . p. . l. . r. endeavested , p. . l. . r. ●eirotonia . p. . l. . for of r. or . l. . r. the mending . p. . l. . for or r. and. p. . l. . for of r. or , p. . l. . for ●is will r. his writ , p. . l. . r. most monarchies , p. , l. . for is r. by an . political discourses and histories worth reading . . the works of the famous nicholas machiavel , citizen and secretary of florence , containing , . the history of florence . . the prince . . the original of the guelf and ghibilin factions . . the life of castruccio castracani . . the murther of vitelli , &c. by duke valentino . . the state of france . . the state of germany . . the discourses on titus livius . . the art of war. . the marriage of belphegor , a novel . . nicholas machiavel's letter , in vindication of himself and his writings : all written in italian , and from thence newly and faithfully translated into english. in folio , price bound , s. . i ragguagli dj parnasso ; or advertisements from parnassus , in two centuries , with the politick touchstone , written originally in italian , by that noble roman trajano boccalini . englished by the earl of monmouth : in folio price bound s. . the history of the affairs of europe , in this present age , but more particularly of the republick of venice , written in italian , by battista nani , cavalier and procurator of st. mark : englished by sir robert honiwood , knight ; in folio , price bound s. . the history of the government of venice , wherein the policies , councils , magistrates , and laws of that state are fully related , and the use of the balloting box , exactly described : written in the year , in octav. price bound s. . the history of the turkish empire , from the year , to the year , containing the reigns of the three last emperours , viz. sultan morat , sultan ibrahim , and sultan mahomet th , his son , the th emperour now reigning : by paul rycaut , esq late consul of smyrna . in folio , price bound s. . the present state of the ottoman empire in books , containing the maximes of the turkish polity , their religion and military discipline , illustrated with divers figures . written by paul rycaut , esq late secretary to the english ambassadour there , and since consul of smyrna . the fourth edition , in octavo , price bound s. him for near two moneths , had certain necessary occasions , which called him for some time into the country . where he had not been above three weeks , before he heard , by meer accident , that the gentleman of venice was fallen dangerous sick of a malignant feaver . which made him post away immediately to london , to assist and serve him in what he might . but he found him almost perfectly restored to his health by an eminent physician of our nation , as renowned for his skill and cures at home ; as for his writings both here and abroad : and who besides his profound knowledge in all learning , as well in other professions as his own , had particularly arriv'd to so exact and perfect a discovery of the formerly hidden parts of human bodies , that every one who can but understand latine , may by his means know more of anatomy than either hypocrates , or any of the ancients or moderns did , or do perceive . and if he had lived in the days of solomon , that great philosopher would never have said , cor hominis inscrutabile . this excellent doctor being in the sick mans chamber , when the other english gentleman , newly alighted , came to visit him . after some compliments and conversation of course , they begun to talk of political matters , as you will better understand by the introduction , and by the discourse it self . the first day . the introduction . english gentleman . the sudden news i had of your sad distemper , and the danger you were in , has been the cause of a great deal of affliction to me , as well as of my present and speedy repair to london , some weeks sooner than i intended : i must confess i received some comfort to hear at my arrival of your amendment , and do take much more now to find you up , and as i hope recover'd ; which i knew would be a necessary consequence of your sending for this excellent physician , the esculapius of our age , it being the first request i had to make to you , if by seeing him here in your chamber i had not found it needless . for the destiny of us english-men depends upon him , and we either live or dye infallibly , according to the judgment or good fortune we have , when we are sick , either to call or not call him to our assistance . noble venetian . i am infinitely obliged to you , for your care of me , but am sorry it has been so inconvenient to you , as to make you leave your affairs in the countrey sooner than you proposed to your self to do : i wish i might be so fortunate in the course of my life , as to find an opportunity of making some part of an acknowledgment , for this and all the rest of your favours , but shall pray god it may not be in the same kind ; but that your health may ever be so entire , that you never need so transcendent a charity , as i now receive from your goodness : and as to this incomparable doctor ; although , i must confess , that all the good which has happen'd to me in this country , as well as the knowledge i have received of persons and things , does derive from you ; yet i must make an exception , as to this one point ; for if i can either read , or hear , this gentleman 's excellent writings , and the fame he worthily injoys in my country , would have made it inexcusable in me , to implore the help of any other ; and i do assure you , that , before i left england , it was in my ambition to beg your mediation towards the bringing me into the acquaintance and favour of this learned person , even before i had any thoughts of becoming the object of his care and skill , as now i am the trophy of both . doctor . well , gentlemen , you are both too great to be flatterers , and i too little to be flattered , and therefore i will impute this fine discourse you both make about me , to the overflowing of your wit , and the having no object near you to vent it upon but me . and for you , sir , if my art fail me not , the voiding this mirth , is a very good sign that you are in a fair way to a perfect recovery . and for my countryman here : i hope whilst he has this vent , that his hypocondriack distemper will be at quiet , and that neither his own thoughts , nor the ill posture of our publick affairs will make him hang himself , for at least this twelve months : only , gentlemen , pray take notice , that this does not pass upon me , nor do i drink it like milk ( as the french phrase it ) being mindful of what a grave gentleman at florence replyed to a young esquire , who answered his compliments with , oh , sir , you flatter me , i prencipi s'adulano i pari vostri si coglionono ; that last word i cannot render well into latin. english gentleman . well , doctor , we will not offend your modesty : the next time we do you justice , it shall be behind your back , since you are so severe upon us . but you may assure your self that my intention of recommending you to this gentleman , was for his own sake , and not for yours : for you have too many patients already , and it were much better , both for you and us , that you had but half so many : for then we should have more of your writings , and sometimes enjoy your good conversation ; which is worth our being sick on purpose for . and i am resolved to put my self sometimes into my bed , and send for you , since you have done coming to our coffee-house . but to leave this subject now , i hear you say , that this gentleman is in a perfect way of recovery ; pray is he well enough to hear , without any prejudice to his convalescence , a reprehension i have to make him ? doct. yes , yes ; you mav say what you will to him , for your repremands will rather divert than trouble him , and prove more a cordial than a corrosive . eng. gent. then , sir , pray consider what satisfaction you can ever make me , for the hard measure you have used towards me , in letting me learn from common fame and fortune , the news of your sickness , and that not till your recovery ; and for depriving me of the opportunity of paying the debt i owe to your own merit , and to the recommendation of those worthy persons in italy , who did me the honour to address you to me . and this injury is much aggravated by the splendour of your condition , and greatness of your fortune , which makes it impossible for me ever to hope for any other occasion to express my faithful service to you , or satisfie any part of the duty i have to be at your devotion . to be sick in a strange country , and to distrust the sincerity and obedience of — noble ven. pray , sir , give me leave to interrupt you , and to assure you , that it was not any distrust of your goodness to me , of which i have had sufficient experience ; nor any insensibleness how much your care might advantage me ; much less any scruple i had of being more in your debt ; which if it had been possible for me to entertain , it must have been thought of long since , before i had received those great obligations , which i never made any difficulty to accept of . it was not , i say , any of these considerations , which hindred me from advertising you of my distemper ; but the condition and nature of it , which in a moment depriv'd me of the exercise of those faculties which might give me a capacity of helping my self in any thing . but otherwise i assure you that no day of my life shall pass , wherein i will not express a sence of your favours , and — doct. pray now , sir , permit me to interrupt you ; for this gentleman , i dare say , looks for no compliments ; but that which i have to say , is ; that the desire you signified to me , to give you some account of our affairs here , and the turbulency of our present state , will be much better placed , if you please to address it to this gentleman whose parts and studies have fitted him for such an employment ; besides his having had a great share in the managing affairs of state here , in other times : and really no man understands the government of england better than he . eng. gent. now , doctor , i should tell you , i pari miei si coglionono , for so you your self have baptized this kind of civility ; but however , this is a province that i cannot be reasonably prest to take upon me , whilst you are present , who are very well known to be as skillful in the nature and distemper of the body politick , as the whole nation confesses you to be in the concerns of the natural . and you would have good store of practice in your former capacity , if the wise custom amongst the ancient greeks were not totally out of use . for they , when they found any craziness or indisposition in their several governments , before it broke out into a disease , did repair to the physicians of state ( who , from their profession , were called the seven wise men of greece ) and obtain'd from them some good recipes to prevent those seeds of distemper from taking root , and destroying the publique peace . but in our days , these signes or forerunners of diseases in state are not foreseen , till the whole mass is corrupted , and that the patient is incurable , but by violent remedies . and if we could have perceived the first symptoms of our distemper , and used good alteratives , the curiosity of this worthy gentleman had been spared , as also his command to you , to give him some light into our matters ; and we unfortunate english-men had reposed in that quiet , ease , and security , which we enjoy'd three hundred years since . but let us leave the contest who shall inform this gentleman , lest we spend the time we should do it in unprofitably , and let each of us take his part ; for if we speakall , it will look like a studied discourse fitted for the press , and not a familiar dialogue . for it ought to be in private conversation , as it was originally in the planting the gospel , when there were two sorts of preaching ; the one concionary , which was used by the apostles and other missionaries , when they spoke to those who had never heard of the mysteries of christian religion , possibly not so much as of the jewish law , or the history of christ : the duty of those was to hear , and not reply , or any way interrupt the harrangue : but when the believers ( called the church ) assembled together , it was the custom of such of the auditors , to whom any thing occurred , or ( as s. paul calls it ) was revealed , to interpose and desire to be heard , which was called an interlocutory preaching , or religious conversation ; and served very much to the instructing and edifying those who had long believed in christ , and possibly knew as much of him as their pastor himself ; and this is used still amongst many of our independent congregations . doct. i have ( besides the reason i alledged before , and which i still insist upon ) some other cause to beg that you will please to give your self the trouble of answering this gentleman's queries ; which is , that i am very defective in my expressions in the italian language ; which though i understand perfectly , and so comprehend all that either of you deliver , yet i find not words at hand to signifie my own meaning , and am therefore necessitated to deliver my self in latin , as you see . and i fear that our pronunciation being so different from that which is used in italy , this worthy person may not so easily comprehend what i intend , and so be disappointed in the desire he hath to be perfectly instructed in our affairs . noble ven. really , sir , that is not all ; for besides that , i confess your pronunciation of the latin tongue to be very new to me , and for that reason i have been forced to be troublesom to you , in making you repeat things twice , or thrice . i say besides that your latinity , as your writings shew , and all the world knows , is very pure and elegant , which it is notorious to all , that we in italy scarce understand : gentlemen there never learning more latin , than what is necessary to call for meat and drink , in germany or holland , where most of the hosts speak a certain franck , compounded of dutch , latin , and italian . and though some of us have latin enough to understand a good author , ( as you have of our language ) yet we seldom arrive to speak any better than this franck , or can without study comprehend good latin , when we meet with it in discourse . and therefore it is your perfection in that tongue , and my ignorance in it , that makes me concur with you , in desiring this gentleman , to take the pains of instructing my curiosity in italian . eng. gent. i shall obey you in this , and all things else , upon this condition , that both you and the doctor will vouchsafe to interrogate me , and by that means give me the method of serving you in this : and then that you will both please to interrupt and contradict me , when you think i say any think amiss , or that either of you are of a different opinion , and to give me a good occasion of explaining my self , and possibly of being convinced by you , which i shall easily confess ; for i hate nothing more than to hear disputes amongst gentlemen , and men of sence , wherein the speakers seem ( like sophisters in a colledge ) to dispute rather for victory , than to discover and find out the truth . doct. well , all this i believe will be granted you ; so that we have nothing to do now , but to adjourn , and name a time when to meet again . which i , being this gentlemans physician , will take upon me to appoint , and it shall be to morrow morning about nine of the clock , after he has slept well , as i hope he will , by means of a cordial i intend to send him immediately . in the mean time , not to weary him too much , we will take our leaves of him for this night . noble ven. i shall expect your return with great impatience , and if your cordial be not very potent , i believe the desire of seeing you will make me wake much sooner than the hour you appoint . and i am very confident , that my mind aswell as my body , will be sufficiently improved by such visits . it begins to be darkish , boy light your torch , and wait on these gentlemen down . both. sir , we wish you all good rest and health . noble ven. and i , with a thousand thanks , the like to you . the second day . doct. well , sir , how is it ? have you rested well to night ? i fear we come too early noble ven. dear doctor , i find my self very well , thanks to your care and skill , and have been up above these two hours , in expectation of the favour you and this gentleman promist me . doct. well , then pray let us leave off compliments and repartees , of which we had a great deal too much yesterday , and fall to our business , and be pleas'd to interrogate this gentleman what you think fit . noble ven. then , sir , my first request to you , is , that you will vouchsafe to acquaint me for what reasons this nation , which hath ever been esteemed ( and very justly ) one of the most considerable people of the world , and made the best figure both in peace , treaties , war , and trade , is now of so small regard , and signifies so little abroad ? pardon the freedom i take , for i assure you it is not out of disrespect , much less of contempt that i speak it : for since i arrived in england , i find it one of the most flourishing kingdoms in europe , full of splendid nobility and gentry ; the comliest persons alive , valiant , courteous , knowing and bountiful ; and as well stored with commoners , honest , industrious , fitted for business , merchandise , arts , or arms ; as their several educations lead them . those who apply themselves to study , prodigious for learning , and succeeding to admiration in the perfection of all sciences : all this makes the riddle impossible to be solved ; but by some skillful sphynx , such as you are ; whose pains i will yet so far spare , as to acknowledge , that i do in that little time i have spent here , perceive that the immediate cause of all this , is the dis-union of the people and the governours ; the discontentment of the gentry , and turbulency of the commonalty ; although without all violence or tumult , which is miraculous . so that what i now request of you , is , that you will please to deduce particularly to me , the causes of this division , that when they are laid open , i may proceed ( if you think fit to permit it ) from the disease , when known , to enquire out the remedies . eng. gent. before i come to make you any answer , i must thank you for the worthy and honourable character you give of our nation , and shall add to it , that i do verily believe , that there are not a more loyal and faithful people to their prince in the whole world , than ours are ; nor that fear more to fall into that state of confusion , in which we were twenty years since ; and that , not only this parliament , which consists of the most eminent men of the kingdom , both for estates and parts ; but all the inhabitants of this isle in general ; even those ( so many of them as have their understandings yet entire ) which were of the anti-royal party , in our late troubles , have all of them the greatest horrour imaginable , to think of doing any thing , that may bring this poor country into those dangers and uncertainties , which then did threaten our ruin ; and the rather for this consideration ; that neither the wisdom of some , who were engaged in those affairs , which i must aver to have been very great , nor the success of their contest , which ended in an absolute victory , could prevail , so as to give this kingdom any advantage ; nay , not so much as any settlement , in satisfaction and requital of all the blood it had lost , mony it had spent , and hazzard it had run . a clear argument why we must totally exclude a civil war from being any of the remedies , when we come to that point . i must add further , that as we have as loyal subjects as are any where to be found , so we have as gracious and good a prince : i never having yet heard that he did , or attempted to do , any the least act of arbitrary power , in any publick concern ; nor did ever take , or endeavour to take from any particular person the benefit of the law. and for his only brother ( although accidentally he cannot be denyed to be a great motive of the peoples unquietness ) all men must acknowledge him to be a most glorious and honourable prince ; one who has exposed his life several times for the safety and glory of this nation ; one who pays justly and punctually his debts , and manages his own fortune discreetly ; and yet keeps the best court and equipage of any subject in christendom ; is courteous and affable to all ; and in fine , has nothing in his whole conduct to be excepted against , much less dreaded ; excepting , that he is believed to be of a religion contrary to the honour of god , and the safety and interest of this people , which gives them just apprehensions of their future condition : but of this matter , we shall have occasion to speculate hereafter ; in the mean time , since we have such a prince , and such subjects , we must needs want the ordinary cause of distrust and division , and therefore must seek higher to find out the original of this turbulent posture we are in . doct. truly you had need seek higher or lower to satisfie us , for hitherto you have but enforced the gentleman's question , and made us more admire what the solution will be . eng. gent. gentlemen , then i shall delay you no longer : the evil counsellors , the pensioner-parliament , the thorow-pac'd iudges , the flattering divines , the buisie and designing papists , the french counsels , are not the causes of our misfortunes , they are but the effects ( as our present distractions are ) of one primary cause ; which is the breach and ruin of our government ; which having been decaying for near two hundred years , is in our age brought so near to expiration , that it lyes agonizing , and can no longer perform the functions of a political life , nor carry on the work of ordering and preserving mankind : so that the shifts that our courtiers have within some years used , are but so many tricks , or conclusions which they are trying to hold life and soul together a while longer ; and have played handy-dandy with parliaments , and especially with the house of commons , ( the only part which is now left entire of the old constitution ) by adjourning , and proroguing , and dissolving them ( contrary to the true meaning of the law ) as well in the reign of our late king , as during his majestics that now is . whereas indeed our counsellors ( perceiving the decay of the foundation , as they must , if they can see but one inch into the politicks ) ought to have addrest themselves to the king to call a parliament , the true physician , and to lay open the distemper there , and so have endeavour'd a cure , before it had been too late , as i fear it now is : i mean the piecing and patching up the old government . it is true , as the divine machiavil says , that diseases in government are like a marasmus in the body natural , which is very hard to be discovered whilst it is curable ; and after it comes to be easie to discern , difficult if not impossible to be remedy'd ; yet it is to be supposed that the counsellors are , or ought to be skilful physicians , and to foresee the seeds of state-distempers , time enough to prevent the death of the patient ; else they ought in conscience to excuse themselves from that sublime employment , and betake themselves to callings more suitable to their capacities . so that although for this reason the ministers of state here are inexcusable , and deserve all the fury which must one time or other be let loose against them , ( except they shall suddenly fly from the wrath to come , by finding out in time , and advising the true means of setting themselves to rights ) yet neither prince nor people are in the mean time to be blamed for not being able to conduct things better . no more than the waggoner is to answer for his ill guiding , or the oxon for their ill drawing the waggon , when it is with age and ill usage broken , and the wheels unserviceable : or the pilot and marriners , for not weathring out a storm when the ship hath sprung a planck . and as in the body of man , sometime● the head and all the members are in good order , nay , the vital parts are sound and entire ; yet if there be a considerable putrifaction in the humors much more , if the blood ( which the scripture calls the life ) be impure and corrupted ; the patient ceases not to be in great danger , and oftentimes dies without some skillful physician : and in the mean time the head and all the parts suffer , and are unquiet , full as much , as if they were all immediately affected . so it is in every respect with the body politick , or commonwealth , when their foundations are moulder'd : and although in both these cases , the patients cannot ( though the distemper be in their own bodies ) know what they ail , but are forced to send for some artist to tell them ; yet they cease not to be extreamly uneasie and impatient , and lay hold oftentimes upon unsuitable remedies , and impute their malady to wrong and ridiculous causes . as some people do here , who think that the growth of popery is our only evil , and that if we were secure against that , our peace and settlement were obtain'd , and that our disease needed no other cure. but of this more when we come to the cure. noble ven. against this discourse , certainly we have nothing to reply : but must grant , that when any government is decay'd , it must be mended , or all will ruine . but now we must request you to declare to us , how the government of england is decay'd , and how it comes to be so . for i am one of those unskilful persons , that cannot discern a state marasmus , when the danger is so far off . eng. gent. then no man living can : for your government is this day the only school in the world , that breeds such physicians , and you are esteemed one of the ablest amongst them : and it would be manifest to all the world for truth ; although there were no argument for it , but the admirable stability and durableness of your government , which hath lasted above twelve hundred years entire and perfect ; whilst all the rest of the countreys in europe , have not only changed masters very frequently in a quarter of that time , but have varied and altered their polities very often . which manifests that you must needs have ever enjoy'd a succession of wise citizens , that have had skill and ability to forwarn you betimes of those rocks against which your excellently-built vessel might in time split . noble ven. sir , you over-value , not only me , but the wisdom of my fellow citizens ; for we have none of these high speculations , nor hath scarce any of our body read aristotle , plato , or cicero , or any of those great artists , ancient or modern , who teach that great science of the governing and increasing great states and cities ; without studying which science no man can be fit to discourse pertinently of these matters ; much less to found or mend a government , or so much as find the defects of it . we only study our own government , and that too chiefly to be fit for advantagious employments , rather than to foresee our dangers . which yet i must needs confess some amongst us are pretty good at , and will in a harangue made upon passing a law , venture to tell us what will be the consequence of it two hundred years hence . but of these things i shall be very prodigal in my discourse , when you have leisure and patience to command me to say any thing of our polity ; in the mean time pray be pleased to go on with your edifying instruction . eng. gent. before i can tell you how the government of england came to be decayed , i must tell you what that government was , and what it now is : and i should say something too of government in general , but that i am afraid of talking of that subject , before you who are so exact a judge of it . noble ven. i thought you had been pleased to have done with this discourse , i assure you , sir , if i had more skill in that matter than ever i can pretend to , it would but serve to make me the fitter auditor of what you shall say on that subject . eng. gent. sir , in the course of my reasoning upon this point , i shall have occasion to insist and expatiate upon many things , which both my self and others have publish'd in former times . for which i will only make this excuse , that the repetition of such matters is the more pardonable , because they will be at least new to you , who are a stranger to our affairs and writings . and the rather because those discourses shall be apply'd to our present condition , and suited to our present occasions . but i will say no more , but obey you , and proceed . i will not take upon me to say , or so much as conjecture , how and when government began in the world , or what government is most ancient : history must needs be silent in that point , for that government is more ancient than history . and there was never any writer , but was bred under some government , which is necessarily supposed to be the parent of all arts and sciences , and to have produced them . and therefore it would be as hard for a man to write an account of the beginning of the laws and polity of any countrey , except there were memory of it , ( which cannot be before the first historiographer ) as it would be to any person without records to tell the particular history of his own birth . doct. sir , i cannot comprehend you , may not historians write a history of matters done before they were born ? if it were so ; no man could write but of his own times . eng. gent. my meaning is , where there are not stories , or records , extant ; for as for oral tradition , it lasts but for one age , and then degenerates into fable : i call any thing in writing , whereby the account of the passages or occurrences of former times is derived to our knowledge , a history , although it be not pend methodically , so as to make the author pass for a wit : and had rather read the authentick records of any country , that is a collection of their laws and letters concerning transactions of state , and the like , than the most eloquent and judicious narrative that can be made . noble ven. methinks , sir , your discourse seems to imply , that we have no account extant of the beginning of governments ; pray what do you think of the books of moses , which seem to be pend on purpose to inform us how he , by gods command , led that people out of egypt into another land , and in the way made them a government ? besides , does not plutarch tell us , how theseus gathered together the dispersed inhabitants of attica , brought them into one city , and under one government of his own making ? the like did romulus in italy , and many others in divers countries . eng. gent. i never said that we had not sufficient knowledge of the original of particular governments ; but it is evident , that these great legislators had seen , and lived under other administrations , and had the help of learned law-givers and philosophers , excepting the first who had the aid of god himself . so that it remains undiscovered yet , how the first regulation of man-kind began : and therefore i will take for granted that which all the politicians conclude : which is , that necessity made the first government . for every man by the first law of nature ( which is common to us and brutes ) had , like beasts in a pasture , right to every thing , and there being no property , each individual , if he were the stronger , might seize whatever any other had possessed himself of before , which made a state of perpetual war. to remedy which , and the fear that nothing should be long enjoyed by any particular person ( neither was any mans life in safety ) every man consented to be debar'd of that universal right to all things , and confine himself to a quiet and secure enjoyment of such a part as should be allotted him : thence came in ownership , or property ; to maintain which it was necessary to consent to laws , and a government to put them in execution . which of the governments now extant , or that have been formerly , was first , is not possible now to be known ; but i think this must be taken for granted , that whatsoever the frame or constitution was first , it was made by the perswasion and meditation of some wise and vertuous person , and consented to by the whole number . and then , that it was instituted for the good and preservation of the governed , and not for the exaltation and greatness of the person or persons appointed to govern : the reason why i beg this concession is , that it seems very improbable , not to say impossible , that a vast number of people should ever be brought to consent to put themselves under the power of others , but for the ends abovesaid , and so lose their liberty without advantaging themselves in any thing . and it is full as impossible that any person ( or persons so inconsiderable in number as magistrates and rulers are ) should by force get an empire to themselves . though i am not ignorant that a whole people have in imminent dangers , either from the invasion of a powerful enemy , or from civil distractions , put themselves wholly into the hands of one illustrious person for a time , and that with good success , under the best forms of government : but this is nothing to the original of states . noble ven. sir , i wonder how you come to pass over the consideration of paternal government , which is held to have been the beginning of monarchies ? eng. gent. really i did not think it worth the taking notice of , for though it be not easie to prove a negative , yet i believe if we could trace all foundations of polities that now are , or ever came to our knowledge since the world began ; we shall find none of them to have descended from paternal power ; we know nothing of adam's leaving the empire to cain , or seth : it was impossible for noah to retain any jurisdiction over his own three sons ; who were dispersed into three parts of the world , if our antiquaries calculate right ; and as for abraham , whilst he lived , as also his son isaac , they were out ordinary fathers of families , and no question governed their own houshold as all others do ; but when iacob upon his death-bed did relate to his children , the promise almighty god had made his grandfather , to make him a great nation , and give his posterity a fruitful territory , he speaks not one word of the empire of reuben his first-born , but supposes them all equal : and so they were taken to be by moses , when he divided the land to them by lot ; and by gods command made them a commonwealth . so that i believe this fancy to have been first started , not by the solid judgement of any man , but to flatter some prince , and to assert , for want of better arguments , the jus divinum of monarchy . noble ven. i have been impertinent in interrupting you , but yet now i cannot repent of it , since your answer hath given me so much satisfaction ; but if it be so as you say , that government was at first instituted for the interest and preservation of mankind , how comes it to pass , that there are and have been so many absolute monarchies in the world , in which it seems that nothing is provided for , but the greatness and power of the prince . eng. gent. i have presumed to give you already my reason , why i take for granted , that such a power could never be given by the consent of any people , for a perpetuity ; for though the people of israel did against the will of samuel , and indeed of god himself demand , and afterwards chuse themselves a king ; yet he was never such a king as we speak of ; for that all the orders of their commonwealth the sanhedrim , the congregation of the people , the princes of the tribes , &c. did still remain in being , as hath been excellently proved by a learned gentleman of our nation , to whom i refer you ; it may then be enquired into , how these monarchies at first did arise . history being in this point silent , as to the ancient principalities , we will conjecture , that some of them might very well proceed from the corruption of better governments , which must necessarily cause a depravation in manners ( as nothing is more certain than that politick defects breed moral ones , as our nation is a pregnant example ) this debauchery of manners might blind the understandings of a great many , destroy the fortunes of others , and make them indigent , insuse into very many a neglect and carelesness of the publick good ( which in all setled states is very much regarded ) so that it might easily come into the ambition of some bold aspiring person to affect empire , and as easily into his power , by fair pretences with some , and promises of advantages with others , to procure followers , and gain a numerous party , either to usurp tyranny over his own countrey , or to lead men forth to conquer and subdue another . thus it is supposed that nimrod got his kingdom ; who in scripture is called a great hunter before god , which expositers interpret , a great tyrant . the modern despotical powers have been acquired by one of these two ways , either by pretending by the first founder thereof , that he had a divine mission and so gaining not only followers , but even easie access in some places without force to empire , and afterwards dilateing their power by great conquests . thus mahomet and cingis can began , and established the sarazen and tartarian kingdoms ; or by a long series of wisdom in a prince , or chief magistrate of a mixt monarchy , and his council , who by reason of the sleepiness and inadvertency of the people , have been able to extinguish the great nobility , or render them inconsiderable ; and so by degrees taking away from the people their protectors , render them slaves . so the monarchies of france , and some other countries , have grown to what they are at this day ; there being left but a shadow of the three states in any of these mocarchies , and so no bounds remaining to the regal power ; but since property remains still to the subjects , these governments may be said to be changed , but not founded or established ; for there is no maxim more infallible and holding in any science , than this is in the politicks , that empire is founded in property . force or fraud may alter a government ; but it is property that must found and eternise it : upon this undeniable aphorisme we are to build most of our subsequent reasoning , in the mean time we may suppose , that hereafter the great power of the king of france may diminish much , when his enraged and oppressed subjects come to be commanded by a prince of less courage , wisdom , and military vertue , when it will be very hard for any such king to govern tyrannically a country which is not entirely his own . doct. pray , sir , give me leave to ask you by the way , what is the reason that here in our country , where the peerage is lessened sufficiently , the king has not gotten as great an addition of power as accrews to the crown in france ? eng. gent. you will understand that , doctor , before i have finisht this discourse ; but to stay your stomach till then , you may please to know that in france the greatness of the nobility which has been lately taken from them , did not consist in vast riches and revenues , but in great priviledges , and jurisdictions , which obliged the people to obey them ; whereas our great peers in former times had not only the same great dependences , but very considerable revenues besides , in demesnes , and otherwise : this vassallage over the people , which the peers of france had , being abolisht , the power over those tenants , which before was in their lords , fell naturally and of course into the crown , although the lands and possessions divested of those dependences did and do still remain to the owners ; whereas here in england , though the services are for the most part worn out , and insignificant ; yet for want of providence and policy in former kings , who could not foresee the danger a ▪ far off , entails have been suffered to be cut off ; and so two parts in ten of all those vast estates , as well mannours as demesnes , by the luxury and folly of the owners , have been within these two hundred years purchased by the lesser gentry and the commons ; which has been so far from advantaging the crown , that it has made the country scarce governable by monarchy : but if you please , i will go on with my discourse about government , and come to this again hereafter ? noble ven. i beseech you , sir , do . eng. gent. i cannot find by the small reading i have , that there were any other governments in the world anciently than these three , monarchy , aristocracy , and democracy . for the first , i have no light out of antiquity to convince me , that there were in old times any other monarchies , but such as were absolutely despotical ; all kingdoms then , as well in greece ( as macedon , epirus , and the like ; and where it is said , the princes exercised their power moderately ) as in asia , being altogether unlimited by any laws , or any assemblies of nobility or people . yet i must confess , aristotle , when he reckons up the corruptions of these three governments , calls tyranny the corruption of monarchy ; which if he means a change of government , ( as it is in the corruptions of the other two ) then it must follow , that the philosopher knew of some other monarchy at the first , which afterwards degenerated into tyranny , that is , into arbitrary power ; for so the word tyranny is most commonly taken , though in modern languages it signifies the ill exercise of power ; for certainly arbitrary government cannot be called tyranny , where the whole property is in the prince ( as we reasonably suppose it to have been in those monarchies ) no more than it is tyranny for you to govern your own house and estate as you please : but it is possible aristotle might not in this speak so according to terms of art , but might mean , that the ill government of a kingdom or family is tyranny . however we have one example , that puzzles politicians , and that is egypt , where pharaoh is called king ; and yet we see , that till ioseph's time he had not the whole property ; for the wisdom of that patriarch taught his master a way to make a new use of that famine , by telling him , that if they would buy their lives , and sell their estates ( as they did afterwards , and preserve themselves by the kings bread ) they shall serve pharaoh ; which shews that ioseph knew well , that empire was founded in property : but most of the modern writers in polity , are of opinion , that egypt was not a monarchy till then , though the prince might have the title of king , as the heraclides had in sparta , and romulus and the other kings had in rome ; both which states were instituted common-wealths . they give good conjectures for this their opinion , too many to be here mentioned ; only one is , that originally ( as they go about to prove ) all arts and sciences had their rise in egypt , which they think very improbable to have been under a monarchy . but this position , that all kings in former times were absolute , is not so essential to the intent i have in this discourse , which is to prove , that in all states , of what kind soever , this aphorisme takes place : imperium fundatur in dominio . so that if there were mixed monarchies , then the king had not all the property ; but those who shared with him in the administration of the soveraignty , had their part , whether it were the senate , the people , or both ; or if he had no companions in the soveraign power , he had no sharers likewise in the dominion or possession of the land. for that is all we mean by property , in all this discourse ; for as for personal estate , the subjects may enjoy it in the largest proportion , without being able to invade the empire : the prince may when he pleases take away their goods , by his tenants and vassals ( without an army ) which are his ordinary force , and answers to our posse comitatus . but the subjects with their money cannot invade his crown . so that all the description we need make of this kind or form of government , is , that the whole possession of the country , and the whole power lies in the hands and breast of one man ; he can make laws , break and repeal them when he pleases , or dispense with them in the mean time when he thinks fit ; interpose in all judicatories , in behalf of his favourites , take away any particular mans personal estate , and his life too , without the formality of a criminal process , or trial ; send a dagger , or a halter to his chief ministers , and command them to make themselves away ; and in fine , do all that his will or his interest suggests to him . doct. you have dwelt long here upon an argumentation , that the ancients had no monarchies , but what were arbitrary . eng. gent. pray give me leave to save your objections to that point , and to assure you first , that i will not take upon me to be so positive in that ; for that i cannot pretend to have read all the historians and antiquaries that ever writ ; nor have i so perfect a memory as to remember , or make use of , in a verbal and transient reasoning , all that i have ever read ; and then to assure you again , that i build nothing upon that assertion , and so your objection will be needless , and only take up time . doct. you mistake me , i had no intent to use any argument or example against your opinion in that ; but am very willing to believe that it may be so . what i was going to say was this , that you have insisted much upon the point of monarchy , and made a strange description of it , whereas many of the ancients , and almost all the modern writers , magnifie it to be the best of governments . eng. gent. i have said nothing to the contrary . i have told you de facto what it is , which i believe none will deny . the philosopher said it was the best government ; but with this restriction , ubi philosophi regnant , and they had an example of it , in some few roman emperours ; but in the most turbulent times of the commonwealth , and factions between the nobility and the people , rome was much more full of vertuous and heroick citizens , than ever it was under aurelius or antonius : for the moderns that are of that judgement , they are most of them divines , not politicians , and something may be said in their behalf , when by their good preaching , they can insuse into their imaginary prince ( who seems already to have an image of the power of god ) the justice , wisdom , and goodness too of the deity . noble ven. we are well satisfied with the progress you have hitherto made in this matter ; pray go on to the two other forms used amongst the ancients , and their corruptions , that so we may come to the modern governments , and see how england stands , and how it came to decay , and what must rebuild it . eng. gent. you have very good reason to hasten me to that ; for indeed , all that has been said yet , is but as it were a preliminary discourse to the knowledge of the government of england , and its decay : when it comes to the cure , i hope you will both help me , for both your self and the doctor are a thousand times better than i at remedies . but i shall dispatch the other two governments . aristocracy , or optimacy , is a commonwealth , where the better sort , that is , the eminent and rich men , have the chief administration of the government : i say , the chief , because there are very few ancient optimacies , but the people had some share , as in sparta , where they had power to vote , but not debate ; for so the oracle of apollo , brought by lycurgus from delphos , settles it ; but the truth is , these people were the natural spartans . for lycurgus divided the country or territory of laconia into shares ; whereof nine thousand only of these owners were inhabitants of sparta ; the rest lived in the country : so that although thucidides call it an aristocracy , and so i follow him , yet it was none of those aristocracies usually described by the politicians , where the lands of the territory were in a great deal fewer hands . but call it what you will , where ever there was an aristocracy , there the property , or very much the over-ballance of it , was in the hands of the aristoi , or governours , be they more or fewer ; for if the people have the greatest interest in the property , they will , and must have it in the empire : a notable example of it is rome , the best and most glorious government that ever the sun saw ; where the lands being equally divided amongst the tribes , that is the people ; it was impossible for the patricii to keek them quiet , till they yielded to their desires , not only to have their tribunes , to see that nothing passed into a law without their consent , but also to have it declared , that both the consuls should not only be chosen by the people ( as they ever were , and the kings too before them ) but that they might be elected too , when the people pleased , out of plebeian families . so that now i am come to democracy . which you see is a government where the chief part of the soveraign power , and the exercise of it , resides in the people ; and where the style is , iessu populi authoritate patrum . and it doth consist of three fundamental orders . the senate proposing , the people resolving and the magistrates executing . this government is much more powerful than an aristocracy , because the latter cannot arm the people , for fear they should seize upon the government , and therefore are fain to make use of none but strangers and mercinaries for souldiers ; which , as the divine machiavil says , has hindred your commonwealth of venice from mounting up to heaven , whither those incomparable orders , and that venerable wisdom used by your citizens in keeping to them , would have carried you , if in all your wars you had not been ill served . doct. well , sir , pray let me ask you one thing concerning venice : how do you make out your imperium fundatur in dominio there ? have the gentlemen there , who are the party governing , the possession of the whole territory ? does not property remain entire to the gentlemen , and other inhabitants in the several countries of padua , brescia , vicenza , verona , bergamo , creman , trevisi , and friuli , as also in the vltramarine provinces , and islands ? and yet i believe you will not deny , but that the government of venice is as well founded , and hath been of as long continuance as any that now is , or ever was in the world. eng. gent. doctor , i shall not answer you in this , because i am sure it will be better done by this gentleman , who is a worthy son of that honourable mother . noble ven. i thought you had said , sir , that we should have done complimenting ; but since you do command me to clear the objection made by our learned doctor , i shall presume to tell you , first how our city began . the goths , huns , and lombards coming with all the violence and cruelty immaginable , to invade that part of italy which we now call terra firma , and where our ancestors did then inhabit , forced them in great numbers to seek a shelter amongst a great many little rocks , or islands , which stood very thick in a vast lake , or rather marsh , which is made by the adriatique sea , we call it laguna ; here they began to build , and getting boats , made themselves provisions of all kind from the land ; from whence innumerable people began to come to them , finding that they could subsist , and that the barbarous people had no boats to attack them , nor that they could be invaded either by horse or foot without them . our first government , and which lasted for many years , was no more than what is practised in many country parishes in italy , and possibly here too , where the clerk , or any other person , calls together the chief of the inhabitants to consider of parish-business , as chusing of officers , making of rates , and the like . so in venice , when there was any publick provision to be made by way of law , or otherwise , some officers went about to persons of the greatest wealth and credit , to intreat them to meet and consult ; from whence our senate is called to this day consiglio de pregadi , which in our barbarous idiom is as much as pregati in tuscan language : our security increased daily , and so by consequence our number and our riches ; for by this time there began to be another inundation of sarazens upon asia minor , which forced a great many of the poor people of greece to fly to us for protection , giving us the possession of some islands , and other places upon the continent : this opened us a trade , and gave a beginning to our greatness ; but chiefly made us consider what government was fittest to conserve our selves , and keep our wealth ( for we did not then much dream of conquests , else without doubt we must have made a popular government ) we pitcht upon an aristocracy , by ordering that those who had been called to council for that present year , and for four years before , should have the government in their hands , and all their posterity after them for ever , which made first the distinction between gentlemen and citizens ; the people , who consisted of divers nations , most of them newly come to inhabit there , aud generally seeking nothing but safety and ease , willingly consented to this change , and so this state hath continued to this day ; though the several orders and counsels have been brought in since , by degrees , as our nobility encreased , and for other causes . under this government we have made some conquests in italy , and greece , for our city stood like a wall between the two great torrents of goths and sarazens ; and as either of their empires declin'd , it was easie for us , without being very warlike , to pick up some pieces of each side ; as for the government of these conquests , we did not think fit to divide the land amongst our nobility , for fear of envy , and the effects of it : much less did we think it adviseable to plant colonies of our people , which would have given the power into their hands , but we thought it the best way for our government to leave the people their property , tax them what we thought fit , & keep them under by governours and citadels , and so in short make them a province . so that now the doctors riddle is solved ; for i suppose this gentleman did not mean that his maxime should reach to provincial governments . eng. gent. no , sir , so far from that , that it is just contrary ; for as in national or domestick government , where a nation is governed either by its own people or its own prince , there can be no settled government , except they have the rule who possess the country . so in provincial governments , if they be wisely ordered , no man must have any the least share in the managing affairs of state , but strangers , or such as have no share or part in the possessions there , for else they will have a very good opportunity of shaking off their yoak . doct. that is true ; and we are so wise here ( i mean our ancestors were ) as to have made a law , that no native in ireland can be deputy there : but , sir , being fully satisfied in my demand , by this centleman ; i beseech you to go on to what you have to say , before you come to england . eng. gent. i shall then offer two things to your observation ; the first is , that in all times and places , where any great heroes or legislators , have founded a government , by gathering people together to build a city , or to invade any countrey to possess it , before they came to dividing the conquered lands , they did always very maturely deliberate under what form or model of government they meant to live , and accordingly made the partition of the possessions ; moses , theseus , and romulus , founders of demacracies , divided the land equally : licurgus who meant an optimacy , made a certain number of shares , which he intended to be in the hands of the people of laconia . cyrus , and other conquering monarchs before him , took all for themselves and successors , which is observed in those eastern countries to this day , and which has made those countries continue ever since under the same government , though conquered and possessed very often by several nations : this brings me to the second thing to be observed , which is , that wherever this apportionment of lands came to be changed in any kind , the government either changed with it , or was wholly in a state of confusion : and for this reason licurgus , the greatest politician that ever founded any government , took a sure way to fix property by confounding it , and bringing all into common : and so the whole number of the natural spartans , who inhabited the city of lacedemon , eat and drank in their several convives together : and as long as they continued so to do , they did not only preserve their government entire , and that for a longer time than we can read of any common-wealth that ever lasted amongst the ancients , but held as it were the principality of greece . the athenians , for want of some constitutions to fix property , as theseus placed it , were in danger of utter ruine , which they had certainly encounter'd , if the good genius ( as they then call'd it ) of that people , had not raised them up a second founder , more than six hundred years after the first , which was solon : and because the history of this matter will very much conduce to the illustrating of this aphorisme we have laid down , i will presume so much upon your patience as to make a short recital of it , leaving you to see it more at large in plutarch and other authors . the lands in the territory of attica which were in the possession of the common people , ( for what reason history is silent ) were for debt all mortgaged to the great men of the city of athens , and the owners having no possibility of redeeming their estates , were treating to compound with their creditors , and deliver up their lands to them : solon ( who was one of those state physicians we spake of , ) was much troubled at this , and harangued daily to the nobility and people against it , telling them first , that it was impossible for the grecians to resist the medes ( who were then growing up to a powerful monarchy ) except athens the second city of greece did continue a democracy ; that it was as impossible the people could keep their empire , except they kept their lands , nothing being more contrary to nature , than that those who possess nothing in a country can pretend to govern it . they were all sensible of his reasons , and of their own danger , but the only remedy ( which was , that the great men should forgive the common people their debts ) would not at all be digested ; so that the whole city now fully understanding their condition , were continually in an uproar , and the people flock'd about solon , whenever he came abroad , desiring him to take upon him the government , and be their prince , and they would make choice of him the next time they assembled . he told them no , he would never be a tyrant , especially in his own country ; meaning , that he who had no more share than other of the nobles , could not govern the rest , without being an usurper or tyrant : but this he did to oblige his citizens , he frankly forgave all the debts that any of the people owed to him , and released their lands immediately ; and this amounted to fifteen attick talents of gold , a vast sum in those days ; and betook himself to a voluntary exile , in which he visited thales , and went to the oracle of delphos , and offer up his prayers to apollo for the preservation of his city : in return of which ( as the people then believed ) the hearts of the great ones were so changed and inlarged , that they readily agreed to remit all their debts to the people , upon condition that solon would take the pains to make them a new model of government , and laws suitable to a democracy , which he as readily accepted and performed ; by vertue of which that city grew and continued long the greatest , the justest , the most vertuous , learned and renowed of all that age ; drove the persians afterwards out of greece , defeated them doth by sea and land , with a quarter of their number of ships and men ; and produced the greatest wits and philosophers that ever lived upon earth . the city of athens instituted a solemn feast in commemoration of that great generosity and self-denial of the nobility ; who sacrificed their own interest to the preservation of their country : which feast was called the solemnity of the seisactheia , which signifies recision or abolition of debts , and was observed with processions , sacrifices and games , till the time of the roman's dominion over them ( who encouraged it , ) and ever till the change of religion in greece , and invasion of the sarazens . the roman's having omitted in their institution to provide for the fixing of property , and so the nobility called patricii , beginning to take to themselves a greater share in the conquer'd lands than had been usual ( for in the first times of the commonwealth under romulus , and ever after , it was always practised to divide the lands equally amongst the tribes ) this innovation stirred up licinius stolo , then tribune of the people , to propose a law ; which , although it met with much difficulty , yet at last was consented to ; by which it was provided , that no roman citizen , of what degree soever , should possess above five hundred acres of land ; and for the remaining part of the lands which should be conquer'd , it was ordered to be equally divided , as formerly , amongst the tribes : this found admittance , after much oposition , because it did provide but for the future , no man at that time being owner of more lands than what was lawful for him to possess ; and if this law had been strictly observed to the last , that glorious commonwealth might have subsisted to this day , for ought we know . doctor . some other cause would have been the ruine of it , what think you of a foreign conquest ? eng. gent. oh doctor , if they had kept their poverty they had kept their government and their vertue too , and then it had not been an easie matter to subdue them , quos vult perdere iupiter dementat ; breach of rules and order causes division , and division when it comes to be incurable , exposes a nation almost as much as a tyrannical government does . the goths and vandals , had they invaded in those days , had met with the same success which befell the cymbri , and the teutones . i must confess , a foreign invasion is a formidable thing , when a commonwealth is weak in territory and inhabitants , and that the invader is numerous and warlike : and so we see the romans were in danger of utter ruine when they were first attacqued by the gauls under brennus : the like hazzard may be fear'd , when a commonwealth is assaulted by another of equal vertue , and a commander of equal address and valour to any of themselves . thus the romans run the risk of their liberty and empire , in the war of hannibal ; but their power and their vertue grew to that heighth in that contest , that when it was ended , i believe , that if they had preserved the foundation of their government entire , they had been invincible : and if i were alone of this opinion , i might be ashamed ; but i am backt by the judgement of your incomparable country-man machiavil ; and no man will condemn either of us of rashness , if he first consider , what small states , that have stood upon right bottoms , have done to defend their liberty against great monarchs ; as is to be seen in the example of the little commonwealth of athens , which destroyed the fleet of xerxes , consisting of a thousand vessels , in the streights of salamis , and before the land army of darius of three hundred thousand in the plains of marathon , and drove them out of greece ; for though the whole confederates were present at the battel of platoea , yet the athenian army singly under their general miltiades , gain'd that renowned battel of marathon . noble ven. i beseech you , sir , how was it possible , or practicable , that the romans conquering so many and so remote provinces , should yet have been able to preserve their agrarian law , and divide all those lands equally to their citizens ; or if it had been possible , yet it would have ruin'd their city , by sending all their inhabitants away ; and by taking in strangers in their room , they must necessarily have had people less vertuous and less warlike , and so both their government and their military discipline must have been corrupted ; for it is not to be imagined , but that the people would have gone with their families to the place where their lands lay : so that it appears that the romans did not provide , in the making and framing their first polity , for so great conquests as they afterwards made . eng. gent. yes , surely they did ; from their first beginning they were founded in war , and had neither land nor wives but what they fought for ; but yet what you object were very weighty , if there had not been a consideration of that early : for assoon as that great and wise people had subdued the samnites on the east , and brought their arms as far as the greek plantations , in that part of italy which is now called the kingdom of naples ; and westward , had reduced all the tuscans under their obedience , as far as the river arnus , they made that and the river volturnus ( which runs by the walls of capua ) the two boundaries of their empire , which was called domicilium imperii . these were the ne plus ultra , for what they conquered between these two rivers , was all confiscated and divided amongst the tribes ; the rustick tribes being twenty seven , and the vrbane tribes nine , which made thirty six in all . the city tribes were like our companies in london , consisting of tradesmen . the country tribes were divided like shires , and there was scarce any landed man , who inhabited in the city , but he was written in that tribe where his estate lay ; so that the rustick tribes ( though they had all equal voices ) were of far more credit and reputation than the vrbane . upon the days of the comtia , which were very well known , as many as thought fit amongst the country tribes , came to give their voices , though every tribe was very numerous of inhabitants that lived in the city . now the agrarian did not extend to any lands conquered beyond this precinct , but they were lest to the inhabitants , they paying a revenue to the commonwealth ; all but those which were thought fit to be set out to maintain a roman colony , which was a good number of roman citizens , sent thither , and provided of lands and habitations , which being armed , did serve in the nature of a citadel and garison to keep the province in obedience , and a roman pretor , proconsul , or other governour , was sent yearly to head them , and brought forces with him besides . now it was ever lawful for any roman citizen to purchase what lands he pleased in any of these provinces ; it not being dangerous to a city to have their people rich , but to have such a power in the governing part of the empire , as should make those who managed the affairs of the commonwealth depend upon them ; which came afterwards to be that which ruined their liberty , and which the gracchi endeavoured to prevent when it was too late ; for those illustrious persons seeing the disorder that was then in the commonwealth ▪ and rightly comprehending the reason , which was the intermission of the agrarian , and by consequence the great purchases which were made by the men of rome ( who had inriched themselves in asia and the other provinces ) in that part of italy which was between the two rivers , before mentioned , began to harrangue the people , in hopes to perswade them to admit of the right remedy , which was to confirm the agrarian law with a retrospect ; which although they carried , yet the difficulties in the execution proved so great , that it never took effect , by reason that the common people , whose interest it was to have their lands restored ; yet having long lived as clients , and dependents of the great ones , chose rather to depend still upon their patrons , than to hazard all for an imaginary deliverance , by which supineness in them , they were prevail'd with rather to joyne ( for the most part ) with the oppressors of themselves and their countrey , and to cut the throats of their redeemers , than to employ their just resentment against the covetous violators of their government and property . so perished the two renowned gracchi , one soon after the other , not for any crime , but for having endeavoured to preserve and restore their common-wealth ; for which ( if they had lived in times suitable to such an heroick undertaking , and that the vertue of their ancestors had been yet in any kind remaining ) they would have merited and enjoyed a reputation equal to that of lycurgus , or solon , whereas as it happen'd they were sometime after branded with the name of sedition , by certain wits , who prostituted the noble flame of poetry ( which before had wont to be employed in magnifying heroick actions ) to flatter the lust and ambition of the roman tyrants . noble ven. sir , i approve what you say in all things , and in confirmation of it , shall further alledge the two famous princes of sparta , agis , and cleomines , which i couple together , since plutarch does so ; these finding the corruption of their commonwealth , and the decay of their ancient vertue , to proceed from the neglect and inobservance of their founders rules , and a breach of that equality which was first instituted ; endeavour to restore the laws of lycurgus , and divide the territory anew ; their victory in the peloponnesian war , and the riches and luxury brought into their city by lisander having long before broken all the orders of their common-wealth , and destroyed the proportions of land allotted to each of the natural spartans : but the first of these two excellent patriots perished by treachery in the beginning of his enterprize , the other began and went on with incomparable prudence and resolution , but miscarried afterwards by the iniquity of the times , and baseness and wickedness of the people ; so infalliably true it is , that where the policy is corrupted , there must necessarily be also a corruption and depravation of manners , and an utter abolition of all faith , justice , honour , and morality ; but i forget my self , and intrench upon your province : there is nothing now remains to keep you from the modern policies , but that you please to shut up this discourse of the ancient governments , with saying something of the corruptions of aristocracy and democracy ; for i believe both of us are satisfied that you have abundantly proved you assertion , and that when we have leisure to examine all the states or policies that ever were , we shall find all their changes to have turn'd upon this hinge of property , and that the fixing of that with good lawes in the beginning or first institution of a state , and the holding to those lawes afterwards , is the only way to make a commonwealth immortal . eng. gent. i think you are very right ; but i shall obey you , and do presume to differ from aristotle , in thinking that he has not fitly called those extreams ( for so i will stile them ) of aristocracy and democracy , corruptions ; for that they do not proceed from the alteration of property , which is the vnica corruptio politica : for example , i do not find that oligarchy , or government of a few , which is the extream of an optimacy , ever did arise from a few mens getting into their hands the estates of all the rest of the nobility : for had it began so , it might have lasted , which i never read of any that did . i will therefore conclude , that they were all tyrannies ; for so the greeks called all usurpations , whether of one or more persons , and all those that i ever read of , as they came in either by craft or violence , as the thirty tyrants of athens , the fifteen of thebes , and the decem-viri of rome ( though these are first came in lawfully ) so they were soon driven out ; and ever , were either assassinated , or dyed by the sword of justice ; and therefore i shall say no more of them , not thinking them worth the name of a government . as for the extream of democracy , which is anarchy , it is not so : for many commonwealths have lasted for a good time under that administration ( if i may so call a state so full of confusion . ) an anarchy then is , when the people not contented with their share in the administration of the government , ( which is the right of approving , or disapproving of lawes , of leagues , and of making of war and peace , of judging in all causes upon an appeal to them , and chusing all manner of officers ) will take upon themselves the office of the senate too , in manageing subordinate matters of state , proposing lawes originally , and assuming debate in the market place , making their orators their leaders ; nay , not content with this , will take upon them to alter all the orders of the government when they please ; as was frequently practised in athens , and in the modern state of florence . in both these cities , when ever any great person who could lead the people , had a mind to alter the government , he call'd them together , and made them vote a change. in florence they call'd it , chiamar il popolo a parlamento e ripigliar lo stato , which is summoning the people into the market-place to resume the government , and did then presently institute a new one , with new orders , new magistracies , and the like . now that which originally causes this disorder , is the admitting ( in the beginning of a government , or afterwards ) the meaner sort of people , who have no share in the territory , into an equal part of ordering the commonwealth ; these being less sober , less considering , and less careful of the publick concerns ; and being commonly the major part , are made the instruments oft-times of the ambition of the great ones , and very apt to kindle into faction : but notwithstaning all the confusion which we see under an anarchy , ( where the wisdom of the better sort is made useless by the fury of the people ) yet many cities have subsisted hundreds of years in this condition ; and have been more considerable , and performed greater actions , than ever any government of equal extent did , except it were a well-regulated democracy ; but it is true , they ruine in the end , and that never by cowardize or baseness , but by too much boldness and temerarious undertakings , as both athens and florence did ; the first undertaking the invasion of sicily , when their affairs went ill elsewhere ; and the other by provoking the spaniard and the pope . but i have done now , and shal pass to say something of the modern policies . noble ven. before you come to that , sir , pray satisfie me in a point which i should have moved before , but that i was unwilling to interrupt your rational discourse ; how came you to take it for granted , that moses , theseus , and romulus were founders of popular governments ? as for moses , we have his story written by an insalliable pen ; theseus was ever called king of athens , though he liv'd so long since , that what is written of him is justly esteem'd fabulous ; but romulus certainly was a king , and that government continued a monarchy , though elective , under seven princes . eng. gent. i will be very short in my answer , and say nothing of theseus , for the reason you are pleased to alledge : but for moses , you may read in holy writ , that when , by god's command , he had brought the israelites out of egypt , he did at first manage them by accquainting the people with the estate of their government , which people were called together with the sound of a trumpet , and are termed in scripture , the congregation of the lord ; this government he thought might serve their turn in their passage , and that it would be time enough to make them a better when they were in possession of the land of canaan ; especially having made them judges and magistrates at the instance of his father-in-law , which are called in authors , praefecti iethroniani ; but finding that this provision was not sufficient , complained to god of the difficulty he had , to make that state of affairs hold together ; god was pleased to order him to let seventy elders be appointed for a senate , but yet the congregation of the lord continued still and acted : and by the severall soundings of the trumpets , either the senate or popular assembly were called together , or both ; so that this government was the same with all other democracies , consisting of a principal magistrate , a senate , and a people assembled together , not by represention , but in a body . now for romulus , it is very plain , that he was no more then the first officer of the commonwealth , whatever he was called , and that he was chosen ( as your doge is ) for life ; and when the last of those seven kings usurpt the place , that is , did reign injussu populi , and excercise the government tyrannically , the people drove him out ( as all people in the world that have property will do in the like case , except some extraordinary qualifications in the prince preserve him for one age ) and afterwards appointed in his room two magistrates , and made them annual , which two had the same command , as well in their armies as in their cities , and did not make the least alteration besides , excepting that they chose an officer that was to perform the kings function in certain sacrifices ( which numa appointed to be performed by the king ) left the people should think their religion were changed : this officer was called rex sacrificulus . if you are satisfied , i will go on to the consideration of our modern states . noble ven. i am fully answered , and besides am clearly of opinion , that no government , whether mixt monarchy or commonwealth , can subsist without a senate , as well from the turbulent state of the israelites under moses till the sanhedrin was instituted , as from a certain kingdom of the vandals in africa ; where after their conquest of the natives , they appointed a government consisting of a prince and a popular assembly , which latter , within half a year , beat the kings brains out , he having no bulwark of nobility or senate to defend him from them . but i will divert you no longer . eng. gent. sir , you are very right , and we should have spoken something of that before , if it had been the business of this meeting to discourse of the particular models of government ; but intending only to say so much of the ancient policy as to shew what government in general is , and upon what basis it stands , i think i have done it sufficiently to make way for the understanding of our own , at least when i have said something of the policies which are now extant ; and that with your favour i will do . i shall need say little now of those commonwealths , which however they came by their liberty , either by arms or purchase , are now much-what under the same kind of policy as the ancients were . in germany , the free towns , and many princes make up the body of a commonwealth called the empire , of which the emperour is head ; this general union hath its diets or parliaments , where they are all represented , and where all things concerning the safety and interest of germany in general , or that belong to peace and war , are transacted ; these diets never intermeddle with the particular concerns or policies of those princes or states that make it up , leaving to them their particular soveraignties : the several imperial cities , or commonwealths , are divided into two kinds , lubeck's law , and collen's law , which being the same exactly with the ancient democracies and optimacies , i will say no more of them . the government of swizerland , and the seven provinces of the low-countries were made up in haste , to unite them against persecution and oppression , and to help to defend themselves the better , which they both have done very gallantly and successfully : they seem to have taken their pattern from the grecians , who when their greatness began to decline , and the several tyrants who succeeded alexander began to press hard upon them , were forced to league themselves ( yet in severall confederacies , as that of the etolians , that of the achaians , &c. ) for their mutual defence . the swisses consist of thirteen soveraignties ; some cities which are most aristocraticall , and some provinces which have but a village for their head township . these are all democracies , and are govern'd all by the owners of land , who assemble as our free-holders do at the county-court . these have their general diets , as in germany . the government of the united provinces has for its foundation the union of vtrecht , made in the beginning of their standing upon their guard against the cruelty and oppression of the spaniard , and patcht up in haste ; and seeming to be compos'd only for necessity , as a state of war , has made modern statesmen conjecture that it will not be very practicable in time of peace , and security . at their general diet , which is called the states general , do intervene the deputies of the seven provinces , in what number their principals please ; but all of them have but one vote , which are by consequence seven , and every one of the seven hath a negative ; so that nothing can pass without the concurrence of the whole seven . every one of these provinces have a counsel or assembly of their own , called the states provincial , who send and instruct their deputies to the states-general , and perform other offices belonging to the peace and quiet of the province . these deputies to the states provincial , are sent by several cities of which every province consists , and by the nobility of the province , which hath one voice only : the basis of the government lies in these cities , which are every of them a distinct soveraignty ; neither can the states of the province , much less the states general , intrench in the least upon their rights , nor so much as intermeddle with the government of their cities , or administration of justice , but only treat of what concerns their mutual defence , and their payments towards it . every one of these cities is a soveraignty , governed by an optimacy , consisting of the chief citizens , which upon death are supplyed by new ones elected by themselves ; these are called the vrnuscaperie or herne , which council has continued to govern those towns , time out of mind ; even in the times of their princes , who were then the soveraigns ; for without the consent of him , or his deputy , called state holder , nothing could be concluded in those days . since they have instituted an artificial minister of their own , whom they still call state-holder , and make choice of him in their provincial assemblies , and for form sake defer something to him , as the approbation of their skepen and other magistrates , and some other matters : this has been continued in the province of holland , which is the chief province in the succession of the princes of orange , and in the most of the others too : the rest have likewise chosen some other of the house of nassaw . this government ( so oddly set together , and so compos'd of a state , intended for a monarchy , and which , as almanacks calculated for one meridian , are made in some sort to serve for another , is by them continued in these several aristocracies ) may last for a time , till peace and security , together with the abuse which is like to happen in the choice of the herne , when they shall elect persons of small note into their body , upon vacancies , for kindred or relation , rather than such as are of estate and eminency , or that otherwise abuse their power in the execution of it , and then it is believed , and reasonably enough , that those people ( great in wealth , and very acute in the knowledge of their own interest ) will find out a better form of government , or make themselves a prey to some great neighbour-prince in the attempting it ; and this in case they in the mean time escape conquest from this great and powerfull king of france , who at this time gives law to christendom . i have nothing now left to keep me from the modern monarchies , but the most famous commonwealth of venice , of which it would be presumption for me to say any thing whilst you are present . noble ven. you may very safely go one if you please ; for i believe strangers understand the speculative part of our government , better than we do ; and the doctrine of the ballat which is our chiefe excellency : for i have read many descriptions of our frame , which have taught me something in it which i knew not before ; paricularly , donato gianotti the florentine , to whom i refer those who are curious to know more of our orders , for we that manage the mechanical part of the government are like horses who know their track well enough , without considering east or west , or what business they go about . besides , it would be very tedious , and very needless , to make any relation of our model , with the several counsels that make it up , and would be that which you have not done in treating of any other government : what we have said is enough to shew what beginning we had , and that serves your turn , for we who are called nobility , and who manage the state , are the descendents of the first inhabitants , and had therefore been a democracy , if a numerous flock of strangers ( who are contented to come and live amongst us as subjects ) had not swelled our city , and made the governing party seem but a handfull ; so that we have the same foundations that all other aristocracies have , who govern but one city , and have no territory but what they govern provincially ; and our people not knowing where to have better justice , are very well contented to live amongst us , without any share in the managing of affairs ; yet we have power to adopt whom we please into our nobility , and i believe that in the time of the roman greatness , there were five for one of the inhabitants who were written in no tribe , but look'd upon as strangers , and yet that did not vitiate their democracy , no more than our citizens and common people can hurt our optimacy ; all the difficulty in our administration , hath been to regulate our own nobility , and to bridle their faction and ambition , which can alone breed a disease in the vital part of our government , and this we do by most severe laws , and a very rigorous execution of them . doct. sir , i was thinking to interpose concerning the propriety of lands in the territory of padua , which i hear is wholly in the possession of the nobility of venice . noble . ven. our members have very good estates there , yet nothing but what they have paid very well for , no part of that country , or of any other province , having been shar'd amongst us as in other conquests : 't is true , that the paduans having ever been the most revengeful people of italy , could not be deterr'd from those execrable and treacherous murders which were every day commited , but by a severe execution of the laws as well against their lives as estates : and as many of their estates as were confiscated , were ( during our necessities in the last war with the turks ) exposed to sale , and sold to them that offered most , without any consideration of the persons purchasing ; but it is very true that most of them came into the hands of our nobility , they offering more than any other , by reason that their sober and frugal living , and their being forbidden all manner of traffick , makes them have no way of employing the money which proceeds from their parsimony , and so they can afford to give more than others who may employ their advance to better profit elsewhere . but i perceive , doctor , by this question , that you have studied at padua . doct. no really , sir , the small learning i have was acquired in our own university of oxford , nor was i ever out of this island . noble ven. i would you had , sir , for it would have been a great honour to our country to have contributed any thing towards so vast a knowledge as you are possessor of : but i wish that it were your countrey , or at least the place of your habitation , that so we might partake not only of your excellent discourse sometimes , but be the better for your skill , which would make us immortal . doct. i am glad to see you so well that you can make yourself so merry , but i assure you i am very well here ; england is a good wholsome climate for a physician : but , pray let our friend go on to his modern monarchies . eng. gent. that is all i have now to do : those monarchies are two , absolute , and mixt ; for the first kind , all that we have knowledge of , except the empire of the turks , differ so little from the ancient monarchies of the assyrians and persians , that having given a short description of them before , it will be needless to say any more of the persian , the mogull , the king of pegu , china , prestor-iohn , or any other the great men under those princes , as the satrapes of old ; being made so only by their being employed and put into great places and governments by the soveraign ; but the monarchy of the grand seignior is somthing different ; they both agree in this , that the prince is in both absolute proprietor of all the lands , ( excepting in the kingdom of egypt , of which i shall say somthing anon ) but the diversity lies in the administration of the property ; the other emperours as well ancient as modern using to manage the revenue of the several towns , and parishes , as our kings , or the kings of france do ; that is , keep it in their hands , and administer it by officers : and so you may read that xerxes king of persia allowed the revenue of so many villages to themistocles , which assignations are practised at this day , both to publick and to private uses , by the present monarchs . but the turks , when they invaded the broken empire of the arabians , did not at first make any great alteration in their policy , till the house of ottoman the present royal family did make great conquests in asia , and afterwards in greece ; whence they might possibly take their present way of dividing their conquered territories ; for they took the same course which the goths and other modern people had used with their conquered lands in europe , upon which they planted military colonies , by dividing them amongst the souldiers for their pay or maintenance . these shares were called by them timarr's , which signifies benefices , but differ'd in this only from the european knights-fees , that these last originally were hereditary , and so property was maintained , whereas amongst the ottomans , they were meerly at will ; and they enjoyed their shares whilst they remained the sultan's souldiers , and no longer ; being turn'd out both of his service , and of their timarr's , when he pleases . this doubtless had been the best and firmest monarchy in the world , if they could have stayed here , and not had a mercinary army besides , which have often ( like the praetorians in the time of the roman tyrants ) made the palace and the serraglio the shambles of their princes ; whereas if the timariots , as well spahis or horse , as foot , had been brought together to guard the prince by courses ( as they used to do king david ) as well as they are to fight for the empire ; this horrid flaw and inconvenience in their government had been wholly avoided . for though these are not planted upon entire property as david's were , ( those being in the nature of trained-bands ) yet the remoteness of their habitations from the court , and the factions of the great city , and their desire to repair home , and to find all things quiet at their return , would have easily kept them from being infected with that cursed disease of rebellion against their soveraign , upon whose favour they depend for the continuance of their livelihood : whereas the ianizaries are for life , and are sure to be in the same employment under the next successor ; so sure , that no grand seignior can , or dares go about to disband them , the suspicion of intending such a thing having caused the death of more than one of their emperours . but i shall go to the limited monarchies . doct. but pray , before you do so , inform us something of the roman emperours : had they the whole dominion or property of the lands of italy ? eng. gent. the roman emperours i reckon amongst the tyrants , for so amongst the greeks were called those citizens who usurpt the governments of their crmmonwealths , and maintain'd it by force , without endeavouring to found or establish it , by altering the property of lands , as not imagining that their children could ever hold it after them , in which they were not deceived : so that it is plain that the roman empire was not a natural but a violent government . the reasons why it lasted longer than ordinarily tyrannies do , are many ; first , because augustus the first emperour kept up the senate , and so for his time cajold them with this bait of imaginary power , which might not have sufficed neither to have kept him from the late of his uncle , but that there had been so many revolutions and bloody wars between , that all mankind was glad to repose and take breath for a while under any government that could protect them . and he gain'd the service of these senators the rather , because he suffered none to be so but those who had followed his fortune in the several civil wars , and so were engaged to support him for their own preservation ; besides , he confiscated all those who had at any time been proscribed , or sided in any encounter against him ; which , considering in how few hands the lands of italy then were , might be an over-ballance of the property in his hands . but this is certain , that what ever he had not in his own possession , he disposed of at his pleasure , taking it away , as also the lives of his people , without any judicial proceedings , when he pleased : that the confiscations were great , we may see by his planting above sixty thousand souldiers upon lands in lombardy ; that is , erecting so many beneficia , or timarr's , and , if any man's lands lay in the way , he took them in for neighbourhood , without any delinquency . mantua vae miserae nimium vicina cremonae . and it is very evident that if these beneficia had not afterwards been made hereditary , that empire might have had a stabler foundation , and so a more quiet and orderly progress than it after had ; for the court guards , call'd the praetorians , did make such havock of their princes , and change them so often , that this ( though it may seem a paradox ) is another reason why this tyranny was not ruin'd sooner ; for the people , who had really an interest to endeavour a change of government , were so prevented by seeing the prince , whom they designed to supplant , removed to their hand , that they were puzled what to do , taking in the mean time great recreation to see those wild beasts hunted down themselves , who had so often prey'd upon their lives and estates ; besides that , most commonly the frequent removes of their masters , made them scarce have time to do any mischief to their poor oppressed subjects in particular , though they were all slaves in general . this government of the later romans is a clear example of the truth and efficacy of these politick principles we have been discoursing of . first , that any government ( be it the most unlimitted and arbitrary monarchy ) that is placed upon a right basis of property , is better both for prince and people , than to leave them a seeming property , still at his devotion , and then for want of fixing the foundation , expose their lives to those dangers and hazzards with which so many tumults and insurrections , which must necessarily happen , will threaten them daily : and in the next place , that any violent constraining of mankind to a subjection , is not to be called a government , nor does salve either the politick or moral ends , which those eminent legislators amongst the ancients proposed to themselves , when they set rules to preserve the quiet and peace , as well as the plenty , prosperity , and greatness of the people ; but that the politicks or art of governing is a science to be learned and studied by counsellors and statsemen be they never so great ; or else mankind will have a very sad condition under them , and they themselves a very perplexed and turbulent life , and probably a very destructive and precipitous end of it . doct. i am very glad i gave occasion to make this discourse : now i beseech you , before you go to the mixt monarchies , not to forget egypt . eng. gent. 't was that i was coming to , before you were pleased to interrogate me concerning the roman empire . the egyptians are this day , for ought i know , the only people that enjoy property , and are governed as a province by any of the eastern absolute princes . for whereas damasco , aleppo , and most of the other cities and provinces of that empire , whose territory is divided into timarr's , are governed by a bashaw , who for his guards has some small number of janizaries or souldiers ; the bashaw of egypt , or of grand cairo , has ever an army with him ; and divers forts are erected , which is the way european princes use in governing their provinces , and must be so where property is left entire , except they plant colonies as the romans did . the reason why selim , who broke the empire of the mamalukes , and conquered egypt , did not plant timarr's upon it , was the laziness and cowardliness of the people , and the great fruitfulness of the soil , and deliciousness of the country , which has mollifi'd and rendred effeminate all the nations that ever did inhabit it . so that a resolution was taken to impose upon them , first the maintaining an army by a tax , and then to pay a full half of all the fruits and product of their lands ( to the grand seignior ) which they are to cultivate and improve : this is well managed by the bashaws and their officers , and comes to an incredible sum ; the goods being sold , the money is conveyed in specie to the port , and is the greatest part of that prince's revenue . and it is believed , that if all the lands had been entirely confiscated , and that the grand seignior had managed them by his officers , he would not have made a third part so much of the whole , as he receives now annually for one half : not only because those people are extreamly industrious where their own profit is concerned : but for that , it is clear , if they had been totally divested of their estates , they would have left their country , and made that which is now the most populous kingdom of the world , a desart , as is all the rest of the turkish dominions , except some cities . and if the people had removed as they did elsewhere , there would not only have wanted hands to have cultivated and improved the lands , but mouths to consume the product of it ; so that the princes revenue by the cheapness of victual , and the want of labourers , would have almost fallen to nothing . noble ven. pray god this be not the reason that this king of france leaves property to his subjects ; for certainly he hath taken example by this province of egypt , his subjects having a tax ( which for the continuance of it , i must call a rent or tribute ) impos'd upon them to the value of one full half of their estates , which must ever increase as the lands improve . eng. gent. i believe , sir , there is another reason ; for the property there , being in the nobility and gentry , which are the hands by which he manages his force both at home and abroad , it would not have been easie or safe for him to take away their estates . but i come to the limited monarchies . they were first introduced ( as was said before ) by the goths , and other northern people . whence those great swarms came , as it was unknown to procopius himself , who liv'd in the time of their invasion , and who was a diligent searcher into all the circumstances of their concernments , so it is very needless for us to make any enquiry into it , thus much being clear , that they came man , woman , and child , and conquer'd and possest all these parts of the world , which were then subject to the roman empire , and since christianity came in have been so to the latin church , till honest iohn calvin taught some of us the way how to deliver ourselves from the tyrannical yoak , which neither we nor our forefathers were able to bear . whence those people had the government they establisht in these parts after their conquest , that is , whether they brought it from their own country , or made it themselves , must needs be uncertain , since their original is wholly so ; but it seems very probable that they had some excellent persons among them , though the ignorance and want of learning in that age hath not suffered any thing to remain that may give us any great light ; for it is plain , that the government they setled , was both according to the exact rules of the politicks , and very natural and suitable to that division they made of their several territories . whenever then these invaders had quieted any province , and that the people were driven out or subdued , they divided the lands , and to the prince they gave usually a tenth part , or thereabouts ▪ to the great men , or comites regis ( as it was translated into latine ) everyone ( as near as they could ) an equal share . these were to enjoy an hereditary right in their estates , as the king did in his part and in the crown ; but neither he , nor his peers or companions , were to have the absolute disposal of the lands so allotted them , but were to keep a certain proportion to themselves for their use : and the rest was ordered to be divided amongst the free-men , who came with them to conquer . what they kept to themselves was called demesnes in english and french , and in italian , beni allodiali . the other part which they granted to the free-men , was called a feud : and all these estates were held of these lords hereditarily , only the tenants were to pay a small rent annually , and at every death or change an acknowledgment in money , and in some tenures the best beast besides : but the chief condition of the feud or grant , was , that the tenant should perform certain services to the lord , of which one ( in all tenures of free-men ) was to follow him armed to the wars for the service of the prince and defence of the land. and upon their admittance to their feuds , they take an oath to be true vassals and tenants to their lords , and to pay their rents , and perform their services , and upon failure to forfeit their estates ; and these tenants were divided according to their habitations into several mannors , in every one of which there was a court kept twice every year , where they all were to appear , and to be admitted to their several estates , and to take the oath above mentioned . all these peers did likewise hold all their demesnes , as also all their mannors , of the prince ; to whom they swore allegiance and fealty : there were besides these freemen or francklins , other tenants to every lord , who were called villains , who were to perform all servile offices and their estates were all at the l●●●● disposal when he pleased ; these consisted mostly of such of the former inhabitants of these countries , as were not either destroyed or driven out , and possibly of others who were servants amongst them , before they came from their own countries . perhaps thus much might have been unnecessary to be said , considering that these lords , tenants , and courts , are yet extant in all the kingdoms in europe ; but that to a gentleman of venice , where there are none of these things , and where the goths never were , something may be said in excuse for me . noble ven. 't is true , sir , we fled from the goths betimes , but yet in those countries which we recovered since in terra firma , we found the footsteps of these lords , and tenures , and their titles of counts ; though being now provinces to us , they have no influence upon the government , as i suppose you are about to prove they have in th●se parts . eng. gent. you are right , sir ; for the governments of france , spain , england , and all other countries where these people setled , were fram'd accordingly . it is not my business to describe particularly the distinct forms of the several governments in europe , which do derive from these people ( for they may differ in some of their orders and laws , though the foundation be in them all the same ) this would be unnecessary , they being all extant , and so well known ; and besides , little to my purpose , excepting to shew where they have declined from their first institution , and admitted of some change . france , and poland , have not , nor as i can learn , ever had any free-men below the nobility ; that is , had no yeomen ; but all are either noble , or villains , therefore the lands must have been originally given , as they now remain , into the hands of these nobles . but i will come to the administration of the government in these countries , and first say wherein they all agree , or did at least in their institution , which is , that the soveraign power is in the states assembled together by the prince , in which he presides ; these make laws , levy money , redress grievances , punish great officers , and the like . these states consist in some places of the prince and nobility onely , as in poland , and anciently in france ( before certain towns , for the encouraging of trade , procured priviledges to send deputies ; which deputies are now called the third estate ) and in others , consist of the nobility and commonalty , which latter had and still have the same right to intervene and vote , as the great ones have both in england , spain , and other kingdomes . doct. but you say nothing of the clergy ; i see you are no great friend to them , to leave them out of your politicks . eng. gent. the truth is , doctor , i could wish there had never been any : the purity of christian religion , as also the good and orderly government of the world , had been much better provided for without them , as it was in the apostolical time , when we heard nothing of clergy . but my omitting their reverend lordships was no neglect , for i meant to come to them in order ; for you know that the northern people did not bring christianity into these parts , but found it here , and were in time converted to it , so that there could be no clergy at the first : but if i had said nothing at all of this race , yet i had committed no solecism in the politicks ; for the bishops and great abbots intervened in the states here , upon the same foundātion that the other peers do , viz. for their great possessions , and the dependence their tenants and vassals have upon them ; although they being a people of that great sanctity and knowledg , scorn to intermix so much as titles with us profane lay-ideots , and therefore will be called lords spiritual . but you will have a very venerable opinion of them , if you do but consider how they came by these great possessions , which made them claim a third part of the government . and truely not unjustly by my rule , for i believe they had no less ( at one time ) than a third part of the lands in most of these countries . noble ven. pray , how did they acquire these lands ? was it not here by the charitable donation of pious christians , as it was elsewhere ? eng. gent. yes , certainly , very pious men ; some of them might be well meaning people , but still such as were cheated by these holy men , who told them perpetually , both in publick and private , that they represented god upon earth , being ordained by authority from him who was his viceroy here , and that what was given to them was given to god , and he would repay it largely both in this world and the next . this wheedle made our barbarous ancestors , newly instructed in the christian faith ( if this religion may be called so , and sucking in this foolish doctrine more than the doctrine of christ ) so zealous to these vipers , that they would have pluckt out their eyes to serve them , much more bestow , as they did , the fruitfullest and best situate of their possessions upon them : nay , some they perswaded to take upon them their callings , vow chastity , and give all they had to them , and become one of them , amongst whom , i believe , they found no more sanctity than they left in the world. but this is nothing to another trick they had , which was to insinuate into the most notorious and execrable villains , with which that age abounded ; men , who being princes , and other great men ( for such were the tools they work'd with ) had treacherously poisoned , or otherwise murdered their nearest relations , fathers , brothers , wives , to reign , or enjoy their estates ; these they did perswade into a belief , that if they had a desire to be sav'd , notwithstanding their execrable villanies , they need but part with some of those great possessions ( which they had acquired by those acts ) to their bishopricks or monasteries , and they would pray for their souls , and they were so holy and acceptable to god , that he would deny them nothing ; which they immediately performed , so great was the ignorance and blindness of that age ; and you shall hardly find in the story of those times , any great monastery , abbey , or other religious house in any of these countries ( i speak confidently , as to what concerns our own saxons ) that had not its foundation from some such original . doct. a worthy beginning of a worthy race ! noble ven. sir , you maintain a strange position here , that it had been better there had been no clergy : would you have had no gospel preached , no sacraments , no continuance of christian religion in the world ? or do you think that these things could have been without a succession of the true priesthood , or ( as you call it , of true ministry ) by means of ordination ? do's not your own church hold the same ? eng. gent. you will know more of my church , when i have told you what i find the word church to signifie in scripture , which is to me the only rule of faith , worship , and manners ; neither do i seek these aditional helps , of fathers , councels , or ecclesiastical history , much less tradition : for since it is said in the word of god itself , that antichrist did begin to work even in those days ; i can easily believe that he had brought his work to some perfection , before the word church was by him applied to the clergy : i shall therefore tell you what i conceive that church , clergy , and ordination , signified in the apostolical times . i find then the word church in the new testament taken but in two sences ; the first , for the vniversal invisible church , called sometimes of the first-born ; that is , the whole number of the true followers of christ in the world , where-ever resident , or into what part soever dispersed . the other signification of church is an assembly , which though it be sometimes used to express any meetings ( even unlawful & tumultuous ones ) as well in scripture as prophane authors ; yet it is more frequently understood , for a gathering together to the duties of prayer , preaching , and breaking of bread ; and the whole number so congregated is , both in the acts of the apostles , and in their holy epistles , called the church ; nor is there the least colour for appropriating that word to the pastors and deacons , who since the corruptions of christian religion are called clergy ; which word in the old testament is used , sometimes for gods whole people , and sometimes for the tribe of levi , out of which the priests were chosen : for the word signifies a lot ; so ●● dispencer of the christian faith. and i cannot sufficiently admire why our clergy , who very justly refuse to believe the miracle which is pretended to be wrought in transubstantiation , because they see both the wafer and the wine to have the same substance , and the same accidents ( after the priest has mumbled words over those elements ) as they had before , and yet will believe that the same kind of spell or charm in ordination can have the efficacy to metamorphose a poor lay-ideot into a heavenly creature ; notwithstanding that we find in them the same humane nature , and the same necessities of it , to which they were subject before such transformation ; nay , the same debauch , profanness , ignorance , and disability to preach the gospel . noble ven. sir , this discourse is very new to me . i must confess i am much inclined to joyn with you in believing , that the power priests exercise over mankind , with the iurisdiction they pretend to over princes and states , may be a usurpation ; but that they should not have a divine call to serve at the altar , or that any person can pretend to perform those sacred functions without being duly ordained , seems very strange . eng. gent. i am not now to discourse of religion ; it is never very civil to do so in conversation of persons of a different belief ; neither can it be of any benefit towards a roman catholick , for if his conscience should be never so cleerly convinc'd , he is not yet master of his own faith , having given it up to his church , of whom he must ask leave to be a convert , which he will be sure never to obtain ; but if you have the curiosity when you come amongst the learned in your own country ( for amongst our ordination-mongers , there is a great scarcity of letters and other good parts ) you may please to take the bible , which you acknowledg to be the word of god as well as we , and intreat some of them to shew you any passage , the plain and genuine sense of which can any way evince this succession , this ordination , or this priesthood , we are now speaking of ; and when you have done , if you will let your own excellent reason and discourse judg , and not your priest , ( who is too much concerned in point of interest ) i make no doubt but you will be convinced that the pretence to the dispensing of divine things by virtue of a humane constitution , and so ridiculous a one too , as the ordination practised by your bishops and ours ( who descend and succeed from one and the same mother ) is as little justifiable by scripture and reason , and full as great a cheat and vsurpation , as the empire which the ecclesiasticks pretend to over the consciences and persons of men , and the exemption from all secular power . noble ven. well , sir , though neither my faith nor my reason can come up to what you hold , yet the novelty and the grace of this argument has delighted me extreamly : and if that be a sin , as i fear it is , i must confess it to my priest ; but i ask your pardon first , for putting you upon this long deviation . eng. gent. well , this digression is not without its use , for it will shorten our business ( which is grown longer than i thought it would have been ) for i shall mention the clergy no more , but when-ever i speak of peerage , pray take notice that i mean both lords spiritual and temporal , since they stand both upon the same foot of property . but if you please , i will fall immediately to discourse of the government of england , and say no more of those of our neighbours , than what will fall in by the way , or be hinted to me by your demands ; for the time runs away , and i know the doctor must be at home by noon , where he gives daily charitable audience to an infinity of poor people , who have need of his help , and who send or come for it , not having the confidence to send for him , since they have nothing to give him ; though he be very liberal too of his visits to such , where he has any knowledg of them : but i spare his modesty , which i see is concerned at the just testimony i bear to his charity . the soveraign power of england then , is in king , lords , and commons . the parliaments , as they are now constituted , that is , the assigning a choice to such a number of burroughs , as also the manner and form of elections and returns , did come in , as i suppose , in the time of henry the third , where now our statute-book begins ; and i must confess , i was inclined to believe , that before that time , our yeomanry or commonalty had not formally assembled in parliament , but been virtually included , and represented by the peers , upon whom they depended : but i am fully convinced , that it was otherwise , by the learned discourses lately publisht by mr. petit of the temple , and mr. attwood of grays-inne , being gentlemen whom i do mention honoris causa ; and really they deserve to be honor'd , that they will spare some time from the mechanical part of their callings ( which is to assist clients with counsel , and to plead their causes , and which i acknowledg likewise to be honourable ) to study the true interest of their country , and to show how ancient the rights of the people in england are , and that in a time when neither profit nor countenance can be hop'd for from so ingenious an undertaking . but i beg pardon for the deviation . of the three branches of soveraign power which politicians mention , which are enacting laws , levying of taxes , and making war and peace , the two first of them are indisputably in the parliament ; and when i say parliament , i ever intend with the king. the last has been usually exercis'd by the prince , if he can do it with his own money : yet ' because even in that case it may be ruinous to the kingdom , by exposing it to an invasion , many have affirmed that such a power cannot be by the true and ancient free government of england , supposed to be intrusted in the hands of one man : and therefore we see in divers kings reigns , the parliament has been consulted , and their advice taken in those matters that have either concerned war or leagues ; and that if it has been omitted , addresses have been made to the king by parliaments , either to make war or peace , according to what they thought profitable to the publick . so that i will not determine whether that power which draws such consequences after it , be by the genuine sence of our laws in the prince or no ; although i know of no statute or written record which makes it otherwise . that which is undoubtedly the kings right , or prerogative , is to call and dissolve parliaments , to preside in them , to approve of all acts made by them , and to put in execution , as supream or soveraign magistrate , in the intervals of parliaments , and during their sitting , all laws made by them , as also the common law ; for which cause he has the nomination of all inferiour officers and ministers under him , excepting such as by law or charter are eligible otherwise ; and the power of the sword , to force obedience to the judgements given both in criminal and civil causes . doct. sir , you have made us a very absolute prince ; what have we left us ? if the king have all this power , what do our liberties or rights signifie whenever he pleases ? eng. gent. this objection , doctor , makes good what i said before , that your skill did not terminate in the body natural , but extend to the politick ; for a more pertinent interrogatory could never have been made by plato or aristotle : in answer to which , you may please to understand , that when these constitutions were first made , our ancestors were a plain-hearted , well-meaning people , without court-reserves or tricks , who having made choice of this sort of government , and having power enough in their hands to make it take place , did not foresee , or imagine , that any thoughts of invading their rights could enter into the princes head ; nor do i read that it ever did , till the norman line came to reign ; which coming in by treaty , it was obvious there was no conquest made upon any but harold , in whose stead william the first came , and would claim no more after his victory , than what harold enjoy'd , excepting that he might confiscate ( as he did ) those great men who took part with the wrong title , and french-men were put into their estates ; which though it made in this kingdom a mixture between normans and saxons , yet produced no change or innovation in the government ; the norman peers ●●ing as tenacious of their liberties , and as active in the recovery of them to the full , as the saxon families were . soon after the death of william , and possibly in his time , there began some invasions upon the rights of the kingdom , 〈…〉 gat grievances , and afterwards 〈…〉 plants and discontents , which grew to that height , that the peers were fain to use their power , that is , arm their vassals to defend the government ; whilest the princes of that age , first king iohn , and then henry the third , got force together . the barons call'd in lewis the dauphin , whilst the king would have given away the kingdom to the sarazens , as he did to the pope , and armed their own creatures ; so that a bloody war ensued , for almost forty years , off and on ; as may be read in our history : the success was , that the barons or peers obtained in the close two charters or laws for the ascertaining their rights , by which neither their lives , liberties , or estates , could ever be in danger any more from any arbitrary power in the prince ; and so the good government of england , which was before this time like the law of nature , onely written in the hearts of men , came to be exprest in parchment , and remain a record in writing ; though these charters gave us no more than what was our own before . after these charters were made , there could not chuse but happen some encroachment upon them : but so long as the peers kept their greatness , there was no breaches but what were immediately made up in parliament ; which when-ever they assembled , did in the first place confirm the charters , and made very often interpretations upon them , for the benefit of the people ; witness the statute de tallagio non concedendo , and many others . but to come nearer the giving the doctor an answer , you may please to understand , that not long after the framing of these forementioned charters , there did arise a grievance not foreseen or provided for by them ; and it was such an one that had beaten down the government at once , if it had not been redressed in an orderly way . this was the intermission of parliaments , which could not be called but by the prince ; and he not doing of it , they ceast to be assembled for some years : if this had not been speedily remedied , the barons must have put on their armour again ; for who can imagine that such brisk assertors of their rights could have acquiesced in an omission that ruin'd the foundation of the government , which consisting of king , lords , and commons , and having at that time marched near five hundred years upon three leggs , must then have gone on hopping upon one ; which could it have gone forward ( as was impossible whilest property continued where it was ) yet would have rid but a little way . nor can it be wonder'd at , that our great men made no provision against this grievance in their charters , because it was impossible for them to imagine that their prince , who had so good a share in this government , should go about to destroy it , and to take that burden upon himself , which by our constitution was undeniably to be divided between him and his subjects : and therefore divers of the great men of those times speaking with that excellent prince king edward the first about it , he , to take away from his people all fear and apprehension that he intended to change the ancient government , called speedily a parliament , and in it consented to a declaration of the kingdoms right in that point ; without the clearing of which , all our other laws had been useless , and the government itself too ; of which the parliament is ( at the least ) as essential a part as the prince ; so that there passed a law in that parliament that one should be held every year , and oftner if need be ; which like another magna charta , was confirmed by a new act made in the time of edward the third , that glorious prince : nor were there any sycophants in those days , who durst pretend loyalty by using arguments to prove that it was against the royal prerogative , for the parliament to entrench upon the kings right of calling and dissolving of parliaments ; as if there were a prerogative in the crown , to chuse whether ever a parliament should assemble , or no ; i would desire no more , if i were a prince , to make me grand seignior . soon after this last act , the king , by reason of his wars with france and scotland , and other great affairs , was forced sometimes to end his parliaments abruptly , and leave business undone , ( and this not out of court-tricks , which were then unknown ) which produced another act not long after , by which it was provided , that no parliament should be dismist , till all the petitions were answered ; that is , in the language of those times , till all the bills ( which were then styled petitions ) were finished . doct. pray , sir , give me a little account of this last act you speak of ; for i have heard in discourse from many lawyers , that they believe there is no such . eng. gen. truly , sir , i shall confess to you , that i do not find this law in any of our printed statute-books ; but that which first gave me the knowledg of it was , what was said about three years ago in the house of commons , by a worthy and learned gentleman , who undertook to produce the record in the reign of richard the second ; and since i have questioned many learned counsellors about it , who tell me there is such a one ; and one of them , who is counted a prerogative-lawyer , said it was so , but that act was made in factious times . besides , i think it will be granted , that for some time after , and particularly in the reigns of henry the th , henry the th , and henry the th , it was usual for a proclamation to be made in westminster-hall , before the end of every session , that all those that had any matter to present to the parliament , should bring it in before such a day , for otherwise the parliament at that day should determine . but if there were nothing at all of this , nor any record extant concerning it ; yet i must believe that it is so by the fundamental law of this government , which must be lame and imperfect without it ; for it is all one to have no parliaments at all but when the prince pleases , and to allow a power in him to dismiss them when he will , that is , when they refuse to do what he will ; so that if there be no statute , it is certainly because our wise ancestors thought there needed none , but that by the very essence and constitution of the government it is provided for : and this we may call ( if you had rather have it so ) the common-law , which is of as much value ( if not more ) than any statute , and of which all our good acts of parliament and magna charta itself is but declaratory ; so that your objection is sufficiently aswered in this , that though the king is intrusted with the formal part of summoning and pronouncing the dissolution of parliaments , which is done by his writ , yet the laws ( which oblige him as well as us ) have determin'd how and when he shall do it ; which is enough to shew , that the kings share in the soveraignty , that is , in the parliament , is cut out to him by the law , and not left at his disposal . now i come to the kings part in the intervals of parliament . noble ven. sir , before you do so , pray tell us what other prerogatives the king enjoys in the government ; for otherwise , i who am a venetian , may be apt to think that our doge , who is call'd our prince , may have as much power as yours . eng. gent. i am in a fine condition amongst you with my politicks : the doctor tells me i have made the king absolute , and now you tell me i have made him a doge of venice ; but when your prince has power to dispose of the publick revenue , to name all officers ecclesiastical and civil that are of trust and profit in the kingdom , and to dispose absolutely of the whole militia by sea and land , then we will allow him to be like ours , who has all these powers . doct. well , you puzzle me extreamly : for when you had asserted the king's power to the heighth , in calling and dissolving parliaments , you gave me such satisfaction , and shewed me wherein the law had provided , that this vast prerogative could not hurt the people , that i was fully satisfied , and had not a word to say ; now you come about again , and place in the crown such a power , which in my judgment is inconsistent with our liberty . eng. gent. sir , i suppose you mean chiefly the power of the militia , which was , i must confess , doubtful , before a late statute declar'd it to be in the king : for our government hath made no other disposal of the militia than what was natural , viz. that the peers in their several counties , or jurisdictions , had the power of calling together their vassals , either armed for the wars , or onely so as to cause the law to be e●●cuted by serving writs ; and in case of resistance , giving possession : which lords amongst their own tenants did then perform the two several offices of lord-lieutenant , and sheriff ; which latter was but the earls deputy , as by his title of vice-comes do's appear . but this latter being of daily necessity , and justice itself , that is , the lives , liberties and estates of all the people in that county depending upon it , when the greatness of the peers decay'd ( of which we shall have occasion to speak hereafter ) the electing of sheriff was referred to the county-court , where it continued till it was placed where it now is by a statute . for the other part of the militia , which is , the arming the people for war , it was de facto exercised by commission from the king , to a lord-lieutenant ( as an image of the natural lord ) and other deputies ; and it was tacitely consented to , though it were never setled by statute ( as i said before ) till his majesties happy restauration . but to answer you , i shall say , that whatever powers are in the crown , whether by statute or by old prescription , they are , and must be understood to be intrusted in the prince , for the preservation of the government , and for the safety and interest of the people ; and when either the militia , which is given him for the execution and support of the law , shall be imploy'd by him to subvert it ( as in the case of ship-money it was ) or the treasure shall be mis-apply'd , and made the revenue of courtiers and sycophants ( as in the time of edward the second ) or worthless or wicked people shall be put into the greatest places , as in the reign of richard the second ; in this case , though the prince here cannot be questionable for it ( as the kings were in sparta , and your doges i believe would be ) yet it is a great violation of the trust reposed in him by the government , and a making that power , which is given him by law , unlawful in the execution . and the frequent examples of justice inflicted in parliament upon the king's ministers for abusing the royal power , shews plainly that such authority is not left in his hands to use as he pleases . nay , there have be fallen fact troubles and dangers to some of th●se princes themselves , who have abused their power to the prejudice of the subjects ; which although they are no way justifiable , yet may serve for an instruction to princes , and an example not to hearken to ruinous councils : for men when they are enraged do not always consider justice of religion , passion being as natural to man as reason and vertue , which was the opinion of divine machiavil . to answer you then , i say , that though we do allow such powers in the king , yet since they are given him for edification and not destruction , and cannot be abused without great danger to his ministers , and even to himself ; we may hope that they can never be abused but in a broken government : and if ours be so ( as we shall see anon ) the fault of the ill execution of our laws is not to be imputed either to the prince or his ministers ; excepting that the latter may be , as we said before , justly punishable for not advising the prince to consent to them ending the frame ; of which we shall talk more hereafter : but in the mean time i will come to the kings other prerogatives , as having all royal mines , the being serv'd first before other creditors where mony is due to him , and to have a speedier and easier way than his subjects to recover his debts and his rents , &c. but to say all in one word , when there arises any doubt whether any thing be the king's prerogative or no , this is the way of deciding it , viz. to consider whether it be for the good and protection of the people that the king have such a power ; for the definition of prerogative is a considerable part of the common law , by which power is put into the prince for the preservation of his people . and if it be not for the good of his subjects , it is not prerogative , not law , for our prince has no authority of his own , but what was first intrusted in him by the government , of which he is head ; nor is it to be imagined that they would give him more power than what was necessary to govern them . for example , the power of pardoning criminals condemned , is of such use to the lives and estates of the people , that without it many would be exposed to die unjustly ; as lately a poor gentleman , who by means of the harangue of a strepitous lawyer was found guilty of murder , for a man he never kil'd ; or if he had , the fact had been but man-slaughter ; and he had been inevitably murdered himself , if his majesty had not been graciously pleased to extend his royal mercy to him ; as he did likewise vouchsafe to do to a gentleman convicted for speaking words he never utter'd ; or if he had spoken them , they were but foolishly , not malitiously spoken . on the other side , if a controversie should arise , as it did in the beginning of the last parliament , between the house of commons , and the prerogative-lawyers , about the choice of their speaker , these latter having interested his majesty in the contest , and made him , by consequence , disoblige , in limine , a very loyal , and a very worthy parliament ; and for what ? for a question , which if you will decide it the right way , will be none : for setting aside the presidents , and the history when the crown first pretended to any share in the choice of a speaker , which argument was very well handled by some of the learned patriots then , i would have leave to ask , what man can shew , and what reason can be alledged , why the protection and welfare of the people should require that a prerogative should be in the prince to chuse the mouth of the house of commons , when there is no particular person in his whole dominion that would not think it against his interest , if the government had given the king power to nominate his bayliff , his attorney , or his referree in any arbitration ? certainly there can be no advantage either to the soveraign or his subjects , that the person whose office it is to put their deliberations into fitting words , and express all their requests to his majesty , should not be entirely in their own election and appointment ; which there is the more reason for too , because the speakers for many years past have received instructions from the court , and have broken the priviledges of the house , by revealing their debates , adjourning them without a vote , and committed many other misdemeanours , by which they have begotten an ill understanding between the king and his house of commons , to the infinite prejudice both of his majesties affairs , and his people . since i have given this rule to judge prerogative by , i shall say no more of it ; for as to what concerns the king's office in the intervals of parliament , it is wholly ministerial , and is barely to put in execution the common law and the statutes made by the soveraign power , that is , by himself and the parliament , without varying one tittle , or suspending , abrogating , or neglecting the execution of any act whatsoever ; and to this he is solemnly sworn at his coronation : and all his power in this behalf is in him by common law , which is reason itself , written as well in the hearts of rational men , as in the lawyers books . noble ven. sir , i have heard much talk of the kings negative voice in parliaments , which in my opinion is as much as a power to frustrate , when he pleases , all the endeavours and labours of his people , and to prevent any good that might accrue to the kingdom by having the right to meet in parliament : for certainly , if we in venice had placed any such prerogative in our duke , or in any of our magistracies , we could not call ourselves a free people . eng. gent. sir , i can answer you as i did before , that if our kings have such a power , it ought to be used according to the true and genuine intent of the government , that is , for the preservation and interest of the people , and not for the disappointing the counsels of a parliament , towards reforming grievances , and making provision for the future execution of the lawes ; and whenever it is applyed to frustrate those ends , it is a violation of right , and infringement of the king's coronation-oath ; in which there is this clause , that he shall confirmare consuetudines , ( which in the latine of those times is leges ) quas vulgus elegerit . i know some criticks , who are rather grammarians than lawyers , have made a distinction between elegerim and elegero , and will have it , that the king swears to such laws as the people shall have chosen , and not to those they shall chuse . but in my opinion , if that clause had been intended onely to oblige the king to execute the laws made already , it might have been better exprest by servare consuetudines , than by confirmare consuetudines ; besides that he is by another clause in the same oath sworn to execute all the laws . but i shall leave this controversie undecided ; those who have a desire to see more of it , may look into those quarrelling declarations , pro and con , about this matter , which preceded our unhappy civil wars . this is certain , that there are not to be found any statutes that have passed , without being presented to his majesty , or to some commissioned by him ; but whether such addresses were intended for respect and honour to his majesty , as the speaker of the house of commons and the lord mayor of london are brought to him , i leave to the learned to discourse ; onely thus much we may affirm , that there never were yet any parliamentary requests , which did highly concern the publick , presented to any king , and by him refused , but such denials did produce very dismal effects , as may be seen in our histories ancient and late ; it being certain , that both the barons wars , and our last dismal combustions , proceeded from no other cause than the denial of the princes then reigning to consent to the desires of the states of the kingdom : and such hath been the wisdom and goodness of our present gracious prince , that in twenty years and somewhat more , for which time we have enjoy'd him since his happy restauration , he hath not exercis'd his negative voice towards more than one publick bill ; and that too , was to have continued in force ( if it had passed into an act ) but for six weeks , being for raising the militia for so long time ; and as for the private bills , which are matters of meer grace , it is unreasonable his majesty should be refused that right that every englishman enjoys , which is not to be obliged to dispence his favours but where he pleases . but for this point of the negative vote , it is possible that when we come to discourse of the cure of our political distemper , some of you will propose the clearing and explanation of this matter , and of all others which may concern the king's power and the peoples rights . noble ven. but pray , sir , have not the house of peers a negative voice in all bills ? how come they not to be obliged to use it for the publick good ? eng. gent so they are , no doubt , and the commons too ; but there is a vast difference between a deliberative vote which the peers have with their negative , and that in the crown to blast all without deliberating . the peers are co-ordinate with the commons in presenting and hammering of laws , and may send bills down to them , as well as receive any from them , excepting in matters wherein the people are to be taxed : and in this our government imitates the best and most perfect commonwealths that ever were ; where the senate assisted in the making of laws , and by their wisdom and dexterity , polisht , fil'd , and made ready things for the more populous assemblies ; and sometimes by their gravity and moderation , reduced the people to a calmer state , and by their authority and credit stem'd the tide , and made the waters quiet , giving the people time to come to themselves . and therefore if we had no such peerage now upon the old constitution , yet we should be necessitated to make an artificial peerage or senate in stead of it : which may assure our present lords , that though their dependences and power are gone , yet that we cannot be without them ; and that they have no need to fear an annihilation by our reformation , as they suffered in the late mad times . but i shall speak a word of the peoples rights , and then shew how this brave and excellent government of england came to decay . the people by the fundamental laws , that is , by the constitution of the government of england , have entire freedome in their lives , properties , and their persons ; nether of which can in the least suffer , but according to the laws already made , or to be made hereafter in parliament , and duly publisht : and to prevent any oppression that might happen in the execution of these good laws , which are our birth-right , all tryals must be by twelve men of our equals , and of our neighbourhood ; these in all civil causes judge absolutely and decide the matter of fact , upon which the matter of law depends ; but if where matter of law is in question , these twelve men shall refuse to find a special verdict at the direction of the court , the judge cannot controul it , but their verdict must be recorded . but of these matters , as also of demurrers , writs of errour , and arrests of judgment , &c. i have discours'd to this gentleman ( who is a stranger ) before now ; neither do's the understanding of the execution of our municipal laws at all belong to this discourse : onely it is to be noted , that these juries , or twelve men , in all trials or causes which are criminal , have absolute power , both as to matter of law and fact ( except the party by demurrer confess the matter of fact , and take it out of their hands . ) and the first question the officer asks the foreman , when they all come in to deliver their verdict , is this , is he guilty in manner or form as he is indicted , or not guilty ? which shews plainly , that they are to examine and judge , as well whether , and how far the fact committed is criminal , as whether the person charged hath committed that fact. but though by the corruption of these times ( the infallible consequences of a broken frame of government ) this office of the juries and right of englishmen have been of late question'd , yet it hath been strongly and effectually vindicated by a learned author of late , to whom i refer you for more of this matter . i shall say no more of the rights of the people , but this one thing , that neither the king , nor any by authority from him , hath any the least power or jurisdiction over any englishman , but what the law gives them ; and that although all commissions and writs go out in the king's name , yet his majesty hath no right to issue out any writ ( with advice of his council , or otherwise ) excepting what come out of his courts ; nor to alter any clause in a writ , or add anything to it . and if any person shall be so wicked as to do any injustice to the life , liberty , or estate of any englishman , by any private command of the prince , the person agrieved , or his next of kin ( if he be assassinated ) shall have the same remedy against the offender , as he ought to have had by the good laws of this land , if there had been no such command given ; which would be absolutely void and null , and understood not to proceed from that royal and lawful power which is vested in his majesty for the execution of justice , and the protection of his people . doct. now i see you have done with all the government of england ; pray before you proceed to the decay of it , let me ask you what you think of the chancery , whether you do not believe it a solecism in the politicks to have such a court amongst a free people ; what good will magna charta , the petition of right , or st. edwards laws do us to defend our property , if it must be entirely subjected to the arbitrary disposal of one man , whenever any impertinent or petulant person shall put in a bill against you ? how inconsistent is this tribunal with all that hath been said in defence of our rights , or can be said ? suppose the prince should in time to come so little respect his own honour and the interest of his people , as to place a covetous or revengeful person in that great judicatory , what remedy have we against the corruption of registers , who make what orders they please ; or against the whole hierarchy of knavish clerks , whilst not only the punishing and reforming misdemeanours depend upon him , who may without controul be the most guilty himself , but that all the laws of england stand there arraigned before him , and may be condemned when he pleases ? is there , or ever was there any such tribunal in the world before , in any countrey ? eng. gent. doctor , i find you have had a suit in chancery , but i do not intend to contradict or blame your orthodox zeal in this point : this court is one of those buildings that cannot be repaired , but must be demolished . i could inform you how excellently matters of equity are administred in other countries ; and this worthy gentleman could tell you of the venerable quaranzia's in his city , where the law as well as the fact , is at the bar , and subject to the judges , and yet no complaint made or grievance suffered : but this is not a place for , it this is but the superstructure ; we must settle the foundation first ; every thing else is as much out of order as this . trade is gone , suits are endless , and nothing amongst us harmonious : but all will come right when our government is mended , and never before , though our judges were all angels : this is the primum quaerite ; when you have this , all other things shall be added unto you ; when that is done , neither the chancery ( which is grown up to this since our ancestors time ) nor the spiritual courts , nor the cheats in trade , nor any other abuses , no not the gyant popery itself , shall ever be able to stand before a parliament , no more than one of us can live like a salamander in the fire . noble ven. therefore , sir , pray let us come now to the decay of your government , that we may come the sooner to the happy restauration . eng. gent. this harmonious government of england being founded as has been said upon property , it was impossible it should be shaken , so long as property remain'd where it was placed : for if , when the ancient owners the britains fled into the mountains , and left their lands to the invaders ( who divided them , as is above related ) they had made an agrarian law to fix it ; then our government , and by consequence our happiness had been for ought we know immortal : for our constitution , as it was really a mixture of the three , which are monarchy , aristocracy , and democracy ( as has been said ) so the weight and predominancy remain'd in the optimacy , who possessed nine parts in ten of the lands ; and the prince but about a tenth part . in this i count all the peoples share to the peers , and therefore do not trouble myself to enquire what proportion was allotted to them , for that although they had an hereditary right in their lands , yet it was so clog'd with tenures and services , that they depended , as to publick matters , wholly on their lords , who by them could serve the king in his wars ; and in time of peace , by leading the people to what they pleased : could keep the royal power within its due bounds , and also hinder and prevent the people from invading the rights of the crown ; so that they were the bulwarks of the government ; which in effect was much more an aristocracy , than either a monarchy or democracy : and in all governments , where property is mixt , the administration is so too : and that part which hath the greater share in the lands , will have it too in the jurisdiction : and so in commonwealths , the senate or the people have more or less power , as they have more or fewer possessions ; as was most visible in rome , where in the beginning , the patricii could hardly bring the people to any thing ; but afterwards , when the asiatick conquests had inricht the nobility to that degree , that they were able to purchase a great part of the lands in italy , the people were all their clients , and easily brought even to cut the throats of their redeemers the gracchi , who had carried a law for restoring them their lands . but enough of this before . i will not trouble myself nor you , to search into the particular causes of this change , which has been made in the possessions here in england ; but it is visible that the fortieth part of the lands which were at the beginning in the hands of the peers and church , is not there now ; besides that not only all villanage is long since abolished , but the other tenures are so altered and qualified , that they signifie nothing towards making the yeomanry depend upon the lords . the consequence is , that the natural part of our government , which is power , is by means of property in the hands of the people , whilest the artificial part , or the parchment , in which the form of government is written , remains the same . now art is a very good servant and help to nature , but very weak and inconsiderable , when she opposes her , and fights with her : it would be a very impar congressus , between parchment and power : this alone is the cause of all the disorder you heard of , and now see in england , and of which every man gives a reason according to his own fancy , whilest few hit the right cause : some impute all to the decay of trade , others to the growth of popery ; which are both great calamities , but they are effects , and not causes ; and if in private families there were the same causes , there would be the same effects . suppose now you had five or six thousand pounds a year , as it is probable you have , and keep forty servants , and at length , by your neglect , and the industry and thrift of your domesticks , you sell one thousand to your steward , another to your clerk of the kitchen , another to your bayliff , till all were gone ; can you believe that these servants , when they had so good estates of their own , and you nothing left to give them , would continue to live with you , and to do their service as before ? it is just so with a whole kingdom . in our ancestors times , most of the members of our house of commons thought it an honour to retain to some great lord , and to wear his blew coat : and when they had made up their lord's train , and waited upon him from his own house to the lords house , and made a lane for him to enter , and departed to sit themselves in the lower house of parliament , as it was then ( and very justly ) called ; can you think that any thing could pass in such a parliament that was not ordered by the lords ? besides , these lords were the king 's great council in the intervals of parliaments , and were called to advise of peace and war ; and the latter was seldom made without the consent of the major part ; if it were not , they would not send their tenants , which was all the militia of england ( besides the king's tenth part . ) can it be believed , that in those days the commons should dislike any thing the lords did in the intervals , or that they would have disputed their right to receive appeals from courts of equity , if they had pretended to it in those days , or to mend money-bills ? and what is the reason , but because the lords themselves at that time represented all their tenants ( that is , all the people ) in some sort ? and although the house of commons did assemble to present their grievances , yet all great affairs of high importance concerning the government , was transacted by the lords ; and the war which was made to preserve it , was called the barons wars , not the war of both houses : for although in antienter times the word baron were taken in a larger sense , and comprehended the francklins or freemen ; yet who reads any history of that war , shall not find that any mention is made of the concurrence of any assembly of such men , but that simon monford earl of leicester , and others of the great ones , did by their power and interest manage that contest . now if this property , which is gone out of the peerage into the commons , had passed into the king's hands , as it did in egypt in the time of ioseph , as was before said , the prince had had a very easie and peaceable reign over his own vassals , and might either have refused , justly , to have assembled the parliament any more ; or if he had pleased to do it , might have for ever managed it as he thought fit : but our princes have wanted a ioseph , that is , a wise councellor ; and instead of saving their revenue , which was very great , and their expences small , and buying in those purchases which the vast expences and luxury of the lords made ready for them , they have alienated their own inheritance ; so that now the crown-lands , that is , the publick patrimony , is come to make up the interest of the commons , whilest the king must have a precarious revenue out of the peoples purses , and be beholding to the parliament for his bread in time of peace ; whereas the kings their predecessors never asked aid of his subjects , but in time of war and invasion : and this alone ( though there were no other decay in the government ) is enough to make the king depend upon his people ; which is no very good condition for a monarchy . noble ven. but how comes it to pass that other neighbouring countries are in so settled a state in respect of england ? does their property remain the same it was , or is it come into the hands of the prince ? you know you were pleased to admit , that we should ask you , en passant , something of other countries . eng. gent. sir , i thank you for it , and shall endeavour to satisfie you . i shall say nothing of the small princes of germany , who keep in a great measure their ancient bounds , both of government and property ; and if their princes now and then exceed their part , yet it is in time of troubles and war , and things return into their right chanel of assembling the several states , which are yet in being every where : but germany lying so exposed to the invasion of the turks on the one side , and of the french on the other ; and having ever had enough to do to defend their several liberties against the encroachments of the house of austria ( in which the imperial dignity is become in some sort hereditary ) if there had been something of extraordinary power exercised of late years , i can say inter arma silent leges : but besides their own particular states , they have the diet of the empire , which never fails to mediate and compose things , if there be any great oppresson used by princes to their subjects , or from one prince or state to another . i shall therefore confine myself to the three great kingdoms , france , spain , and poland ; for as to denmark and sweden , the first hath lately chang'd its government , and not only made the monarchy hereditary , which was before elective , but has pull'd down the nobility , and given their power to the prince ; which how it will succeed , time will shew . sweden remains in point of constitution and property exactly as it did anciently , and is a well-governed kingdom . the first of the other three is france , of which i have spoken before , and shall onely add , that though it be very true , that there is property in france , and yet the government is despotical at this present , yet it is one of those violent states , which the grecians called tyrannies : for if a lawfull prince , that is , one who being so by law , and sworn to rule according to it , breaks his oaths and his bonds , and reigns arbitrarily , he becomes a tyrant and an usurper , as to so much as he assumes more than the constitution hath given him ; and such a government , being as i said violent , and not natural , but contrary to the interest of the people , first cannot be lasting , when the adventitious props which support it fail ; and whilst it does endure , must be very uneasie both to prince and people ; the first being necessitated to use continual oppression , and the latter to suffer it . doct. you are pleased to talk of the oppression of the people under the king of france , and for that reason , call it a violent government , when , if i remember , you did once to day extol the monarchy of the turks for well-founded and natural ; are not the people in that empire as much oppressed as in france ? eng. gent. by no means ; unless you will call it oppression for the grand seignior to feed all his people out of the product of his own lands ; and though they serve him for it , yet that does not alter the case : for if you set poor men to work and pay them for it , are you a tyrant , or rather , are not you a good common-wealths-man , by helping those to live , who have no other way of doing it but by their labour ? but the king of france knowing that his people have , and ought to have property , and that he has no right to their possessions , yet takes what he pleases from them , without their consent , and contrary to law ; so that when he sets them on work he pays them what he pleases , and that he levies out of their own estates . i do not affirm that there is no government in the world , but where rule is founded in property ; but i say there is no natural fixed government , but where it is so ; and when it is otherwise , the people are perpetually complaining , and the king in perpetual anxiety , always in fear of his subjects , and seeking new ways to secure himself ; god having been so merciful to mankind , that he has made nothing safe for princes , but what is just and honest . noble ven. but you were saying just now , that this present constitution in france will fall when the props fail ; we in italy , who live in perpetual fear of the greatness of that kingdom , would be glad to hear something of the decaying of those props ; what are they , i beseech you ? eng. gent. the first is the greatness of the present king , whose heriock actions and wisdom has extinguished envy in all his neighbour-princes , and kindled fear , and brought him to be above all possibility of control at home ; not only because his subjects fear his courage , but because they have his virtue in admiration , and amidst all their miseries cannot chuse but have something of rejoycing , to see how high he hath mounted the empire and honour of their nation . the next prop is the change of their ancient constitution , in the time of charles the seventh , by consent : for about that time the country being so wasted by the invasion and excursions of the english , the states then assembled petitioned the king that he would give them leave to go home , and dispose of affairs himself , and order the government for the future as he thought fit . upon this , his successor lewis the eleventh , being a crafty prince , took an occasion to call the states no more , but to supply them with an assemble des notables , which were certain men of his own nomination , like barbones parliament here , but that they were of better quality : these in succeeding reigns ( being the best men of the kingdom ) grew troublesome and intractable ; so that for some years the edicts have been verified ( that is in our language ) bills have been passed in the grand chamber of the parliament at paris , commonly called the chambre d' audience , who lately , and since the imprisonment of president brouselles and others during this king's minority , have never refused or scrupled any edicts whatsoever . now whenever this great king dies , and the states of the kingdom are restored , these two great props of arbitrary power are taken away . besides these two , the constitution of the government of france itself , is somwhat better fitted than ours to permit extraordinary power in the prince , for the whole people there possessing lands , are gentlemen ; that is , infinitely the greater part ; which was the reason why in their asembly of estates , the deputies of the provinces ( which we call here knights of the shire ) were chosen by , and out of the gentry , and sate with the peers in the same chamber , as representing the gentry onely , called petite noblesse . whereas our knights here ( whatever their blood is ) are chosen by commoners , and are commoners ; our laws and government taking no notice of any nobility but the persons of the peers , whose sons are likewise commoners , even their eldest , whilest their father lives : now gentry are ever more tractable by a prince , than a wealthy and numerous commonalty ; out of which our gentry ( at least those we call so ) are raised from time to time : for whenever either a merchant , lawyer , tradesman , grasier , farmer , or any other , gets such an estate , as that he or his son can live upon his lands , without exercising of any other calling , he becomes a gentleman . i do not say , but that we have men very nobly descended amongst these , but they have no preheminence , or distinction , by the laws or government . besides this , the gentry in france are very needy , and very numerous ; the reason of which is , that the elder brother , in most parts of that kingdom , hath no more share in the division of the paternal estate , than the cadets or younger brothers , excepting the principal house , with the orchards and gardens about it , which they call vol de chappon , as who should say , as far as a capon can fly at once . this house gives him the title his father had , who was called seignior , or baron , or count of that place ; which if he sells , he parts with his baronship , and for ought i know becomes in time roturier , or ignoble . this practice divides the lands into so many small parcels , that the possessors of them being noble , and having little to maintain their nobility , are fain to seek their fortune , which they can find no where so well as at the court , and so become the king's servants and souldiers , for they are generally couragious , bold , and of a good meen . none of these can ever advance themselves , but by their desert , which makes them hazard themselves very desperately , by which means great numbers of them are kill'd , and the rest come in time to be great officers , and live splendidly upon the king's purse , who is likewise very liberal to them , and according to their respective merits , gives them often , in the beginning of a campagne , a considerable sum to furnish out their equipage . these are a great prop to the regal power , it being their interest to support it , lest their gain should cease , and they be reduced to be poor provinciaux , that is , country-gentlemen again : whereas , if they had such estates as our country-gentry have , they would desire to be at home at their ease , whilest these ( having ten times as much from the king as their own estate can yield them , which supply must fail , if the king's revenue were reduced ) are perpetually engaged to make good all exorbitances . doct. this is a kind of governing by property too , and it puts me in mind of a gentleman of good estate in our country , who took a tenants son of his to be his servant , whose father not long after dying , left him a living of about ten pound a year : the young man's friends came to him , and asked him why he would serve now he had an estate of his own able to maintain him : his answer was , that his own lands would yield him but a third part of what his service was worth to him in all ; besides , that he lived a pleasant life , wore good clothes , kept good company , and had the conversation of very pretty maids that were his fellow-servants , which made him very well digest the name of being a servant . eng. gent. this is the very case ; but yet service ( in both these cases ) is no inheritance ; and when there comes a peaceable king in france , who will let his neighbours be quiet , or one that is covetous , these fine gentlemen will lose their employments , and their king this prop ; and the rather , because these gentlemen do not depend ( as was said before ) in any kind upon the great lords ( whose standing interest is at court ) and so cannot in a change , be by them carried over to advance the court-designs against their own good and that of their country . and thus much is sufficient to be said concerning france . as for spain , i believe there is no country ( excepting sweden ) in christendom , where the property has remained so intirely the same it was at the beginning ; and the reason is , the great and strict care that is taken to hinder the lands from passing out of the old owners hands ; for except it be by marriages , no man can acquire another man's estate , nor can any grandee , or titulado , or any other hidalgo there , alienate or ingage his paternal or maternal estate , otherwise than for his life ; nor can alter tenures , or extinguish services , or dismember mannors : for to this the princes consent must be had , which he never gives , till the matter be debated in the consejo de camera , which is no iunta or secret consejo de guerras , but one wherein the great men of the kingdom intervene , and wherein the great matters concerning the preservation of the government are transacted , not relating to foreign provinces or governments , but to the kingdom of castile and leon , of which i only speak now . it is true , there have been one or two exceptions against this severe rule , since the great calamities of spain , and two great lordships have been sold , the marquisate del monastero , to an assent ista genoese , and another to sebastian cortiza a portuguese , of the same profession : but both these have bought the intire lordships , without curtailing or altering the condition in which these two great estates were before ; and notwithstanding , this hath caused so much repining amongst the natural godos ( as the castilians call themselves still for glory ) that i believe this will never be drawn into an example hereafter . now the property remaining the same , the government doth so too , and the king 's domestick government , over his natural spaniards , is very gentle , whatever it be in his conquer'd provinces ; and the kings there have very great advantages of keeping their great men ( by whom they govern ) in good temper , by reason of the great governments they have to bestow upon them , both in europe and the indies ; which changing every three years , go in an age through all the grandees , which are not very numerous . besides , castile having been in the time of king roderigo over-run and conquered by the moors , who governed there despotically , some hundreds of years , before it could be recovered again by the old inhabitants , who fled to the mountains ; when they were at length driven out , the count of castile found a tax set upon all commodities whatsoever , by the moors , in their reign , called alcaval , which was an easie matter to get continued ( when their old government was restored ) by the cortes , or states ; and so it has continued ever since , as the excise has done here , which being imposed by them who drove and kept out the king , does now since his happy restauration remain a revenue of the crown . this alcaval , or excise , is a very great revenue , and so prevented , for some time , the necessities of the crown , and made the prince have the less need of asking relief of his people , ( the ordinary cause of disgust , ) so that the cortes , or assembly of the states , has had little to do of late , though they are duly assembled every year , but seldom contradict what is desired by the prince ; for there are no greater idolaters of their monarch in the world than the castilians are , nor who drink deeper of the cup of loyalty : so that in short , the government in spain is as ours was in queen elizabeths time , or in the first year after his now majesties return , when the parliament for a time complimented the prince , who had by that means both his own power and the peoples : which days i hope to see again , upon a better and more lasting foundation . but before i leave spain , i must say a word of the kingdom of arragon , which has not at all times had so quiet a state of their monarchy as castile hath enjoyed ; for after many combustions which happened there , concerning their fueros and privilegios , which are their fundamental laws , the king one day coming to his seat in parliament , and making his demands , as was usual , they told him that they had a request to make to him first ; and he withdrawing thereupon , ( for he had no right of sitting there to hear their debates ) they fell into discourse how to make their government subsist against the encroachments of the prince upon them , and went very high in their debates , whch could not chuse but come to the king's ear , who walked in a gallery in the same palace to expect the issue ; and being in great passion , was seen to draw out his dagger , very often , and thrust it again into the sheath ; and heard to say , sangre ha de costar ; which coming to the knowledg of the estates , they left off the debate , and sent some of their number to him , to know what blood it should cost , and whether he meant to murder any body . he drew out his dagger again , and pointing it to his breast , he said , sangre de reys ; leaving them in doubt , whether he meant that his subjects would kill him , or that he would do it himself . however , that parliament ended very peaceably , and a famous settlement was there and then made , by which a great person was to be chosen every parliament , who should be as it were an umpire between the king and his people , for the execution of the laws , and the preservation of their government , their fueros and privilegios , which are their courts of justice , and their charters . this officer was called . el iusticia d' arragon , and his duty was to call together the whole power of the kingdom , whenever any of the aforesaid rights were by open force violated or invaded , and to admonish the king , whenever he heard of any clandestine councils among them to that effect . it was likewise made treason , for any person of what quality soever , to refuse to repair upon due summons to any place where this iusticia should erect his standard , or to withdraw himself without leave , much more to betray him , or to revolt from him : besides , in this cortes , or parliament , the old oath which at the first foundation of their state was ordered to be taken by the king at his admittance , was again revived , and which is , in these words : nos que valemos tanto camo nos , y podemos mos , os eligimos nuestro rey , conque nos guardeys nuestros fueros y privilegios ; y si no , no. that is , we who are as good as you , and more powerful , do chuse you our king , upon condition that you preserve our rights and priviledges ; and if not , not . notwithstanding all this , philip the second , being both king of castile and arragon , picked a quarrel with the latter , by demanding his secretary antonio perez , who fled from the king's displeasure thither , being his own country ; and they refusing to deliver him ( it being expresly contrary to a law of arragon , that a subject of that kingdom should be against his will carried to be tryed elsewhere ) the king took that occasion to invade them with the forces of his kingdom of castile ( who had ever been rivals and enemies to the aragoneses ) and they to defend themselves under their iusticia , who did his part faithfully and couragiously ; but the castilians being old soldiers , and those of arragon but county-troops , the former prevailed , and so this kingdom in getting that of castile by a marriage ( but an age before ) lost its own liberty and government : for it is since made a province , and governed by a vice-roy from madrid , although they keep up the formality of their cortes still . doct. no man living that knew the hatred and hostility that ever was between the english and scots , could have imagined in the years , and , when our king was with great armies of english upon the frontiers of scotland , ready to invade that kingdom , that this nation would not have assisted to have brought them under ; but it proved otherwise . eng. gent. it may be they feared , that when scotland was reduced to slavery , and the province pacified , and forces kept up there , that such forces and greater might have been imployed here , to reduce us into the same condition ; an apprehension which at this time sticks with many of the common people , and helps to fill up the measure of our fears and distractions . but the visible reason why the english were not at that time very forward to oppress their neighbours , was the consideration , that they were to be invaded for refusing to receive from hence certain innovations in matters of religion , and the worship of god , which had not long before been introduced here ; and therefore the people of this kingdom were unwilling to perpetuate a mungrel church here , by imposing it upon them . but i do exceedingly admire , when i read our history , to see how zealous and eager our nobility and people here were anciently to assert the right of our crown to the kingdom of france ; whereas it is visible , that if we had kept france ( for we conquered it intirely and fully ) to this day , we must have run the fate of arragon , and been in time ruined and opprest by our own valour and good fortune ; a thing that was foreseen by the macedonians , when their king alexander had subdued all persia and the east ; who weighing how probable it was , that their prince having the possession of such great and flourishing kingdoms , should change his domicilium imperii , and inhabit in the centre of his dominions , and from thence govern macedon , by which means the grecians , who by their vertue and valour had conquered and subdued the barbarians , should in time ( even as an effect of their victories ) be opprest and tyrannized over by them : and this precautious foresight in the greeks ( as was fully believed in that age ) hastened the fatal catastrophe of that great prince . doct. well , i hope this consideration will fore-arm our parliaments , that they will not easily suffer their eyes to be dazled any more with the false glory of conquering france . noble ven. you need no great cautions against conquering france at this present , and i believe your parliaments need as little admonition against giving of money towards new wars or alliances , that fine wheedle having lately lost them enough already ; therefore , pray , let us suffer our friend to go on . eng. gent. i have no more to say of foreign monarchies , but only to tell you , that poland is both governed and possessed by some very great persons or potentates , called palatines , and under them by a very numerous gentry ; for the king is not onely elective , but so limited , that he has little or no power , but to command their armies in time of war ; which makes them often chuse foreigners of great fame for military exploits : and as for the commonalty or country-men , they are absolutely slaves or villains . this government is extreamly confused , by reason of the numerousness of the gentry , who do not always meet by way of representation as in other kingdoms , but sometimes for the choice of their king , and upon other great occasions , collectively , in the field , as the tribes did at rome ; which would make things much more turbulent if all this body of gentry did not wholly depend for their estates upon the favour of the palatines their lords , which makes them much more tractable . i have done with our neighbours beyond sea , and should not without your command have made so long a digression in this place , which should indeed have been treated of before we come to speak of england , but that you were pleased to divert me from it before : however , being placed near the portraicture of our own country , it serves better ( as contraria juxta se posita ) to illustrate it : but i will not make this deviation longer , by apologizing for it ; and shall therefore desire you to take notice , that as in england by degrees property came to shift from the few to the many , so the government is grown heavier and more uneasie both to prince and people , the complaints more in parliament , the laws more numerous , and much more tedious and prolix , to meet with the tricks and malice of men , which works in a loose government ; for there was no need to make acts verbose , when the great persons could presently force the execution of them : for the law of edward the first , for frequent parliaments , had no more words than a parliament shall be holden every year , whereas our act for a triennial parliament , in the time of king charles the first , contained several sheets of paper , to provide against a failer in the execution of that law ; which if the power had remained in the lords , would have been needless : for some of them , in case of intermission of assembling the parliament , would have made their complaint and address to the king , and have immediately removed the obstruction , which in those days had been the natural and easie way : but now that many of the lords ( like the bishops which the popes make at rome , in partibus infidelium ) are meerly grown titular , and purchased for nothing but to get their wives place , it cannot be wondred at if the king slight their addresses , and the court-parasites deride their honourable undertakings for the safety of their country . now the commons succeeding , as was said , in the property of the peers and church ( whose lands five parts of six have been alienated , and mostly is come into the same hands with those of the king and peers ) have inherited likewise , according to the course of nature , their power ; but being kept from it by the established government , which ( not being changed by any lawfull acts of state ) remains still in being formally , whereas virtually it is abolished ; so that for want of outward orders and provisions , the people are kept from the exercise of that power which is faln to them by the law of nature ; and those who cannot by that law pretend to the share they had , do yet enjoy it by vertue of that right which is now ceased , as having been but the natural effect of a cause that is no longer in being : and you know sublata causa , t●llitur . i cannot say that the greater part of the people do know this their condition , but they find very plainly that they want something which they ought to have ; and this makes them lay often the blame of their unsetledness upon wrong causes : but however , are altogether unquiet and restless in the intervals of parliament ; and when the king pleases to assemble one , spend all their time in complaints of the inexecution of the law , of the multiplication of an infinity of grievances , of mis-spending the publick monies , of the danger our religion is in by practices to undermine it and the state , by endeavours to bring in arbitrary power , and in questioning great officers of state , as the causers and promoters of all these abuses ; in so much , that every parliament seems a perfect state of war , wherein the commons are tugging and contending for their right , very justly and very honourably , yet without coming to a point : so that the court sends them packing , and governs still worse and worse in the vacancies , being necessitated thereunto by their despair of doing any good in parliament ; and therefore are forced to use horrid shifts to subsist without it , and to keep it off ; without ever considering , that if these counsellers understood their trade , they might bring the prince and people to such an agreement in parliament , as might repair the broken and shipwrack'd government of england ; and in this secure the peace , quiet and prosperity of the people , the greatness and happiness of the king , and be themselves not only out of present danger ( which no other course can exempt them from ) but be renowned to all posterity . noble ven. i beseech you , sir , how comes it to pass , that neither the king , nor any of his counsellors could ever come to find out the truth of what you discourse ? for i am fully convinced it is as you say . eng. gent. i cannot resolve you that , but this is certain , they have never endeavoured a cure , though possibly they might know the disease , as fearing that though the effects of a remedy would be , as was said , very advantagious both to king and people , and to themselves ; yet possibly , such a reformation might not consist with the merchandize they make of the princes favour , nor with such bribes , gratuities and fees as they usually take for the dispatch of all matters before them . and therefore our counsellors have been so far from suggesting any such thing to their master , that they have opposed and quashed all attempts of that kind , as they did the worthy proposals made by certain members of that parliament in the beginning of king iames's reign , which is yet called the undertaking parliament . these gentlemen considering what we have been discoursing of , viz. that our old government is at an end , had framed certain heads , which , if they had been proposed by that parliament to the king , and by him consented to , would , in their opinion , have healed the breach ; and that if the king would perform his part , that house of commons would undertake for the obedience of the people . they did believe that if this should have been moved in parliament before the king was acquainted with it , it would prove abortive : and therefore sent three of their number to his majesty : sir iames a croft , grandfather or father to the present bishop of hereford ; thomas harley , who was ancestor to the honourable family of that name is herefordshire ; and sir henry nevill , who had been ambassador from queen elizabeth to the french king. these were to open the matter at large to the king , and to procure his leave that it might be proposed in parliament : which , after a very long audience and debate , that wise prince consented to , with a promise of secresie in the mean time , which they humbly begged of his majesty . however , this took vent , and the earl of northampton ; of the house of howard , who ruled the rost in that time , having knowledg of it , engaged sir r. weston , afterwards lord treasurer and earl of portland , to impeach these undertakers in parliament before they could move their matters ; which he did the very same day , accompanying his charge ( which was endeavouring to alter the established government of england ) with so eloquent an invective , that if one of them had not risen , and made the house acquainted with the whole series of the affair , they must have been in danger of being impeached by the commons : but however it broke their designe , which was all that northampton and weston desired , and prevented posterity from knowing any of the particulars of this reformation ; for nothing being moved , nothing could remain upon the journal . so that you see our predecessors were not ignorant altogether of our condition , though the troubles which have befallen this poor kingdom since , have made it much more apparent : for since the determination of that parliament , there has not been one called , either in that king's reign , or his son 's , or since , that hath not been dissolved abruptly , whilst the main businesses , and those of most concern to the publick , were depending and undecided . and although there hath happened in this interim a bloody war , which in the close of it , changed the whole order and foundation of the polity of england , and that it hath pleased god to restore it again by his majesty's happy return , so that the old government is alive again ; yet it is very visible that its deadly wound is not healed , but that we are to this day tugging with the same difficulties , managing the same debates in parliament , and giving the same disgusts to the court , and hopes to the country , which our ancestors did before the year . whilst the king hath been forced to apply the same remedy of dissolution to his two first parliaments , that his father used to his four first , and king iames to his three last , contrary to his own visible interest , and that of his people ; and this for want of having counsellors about him of abilities and integrity enough to discover to him the disease of his government , and the remedy : which i hope , when we meet to morrow morning you will come prepared to enquire into ; for the doctor says , he will advise you to go take the air this afternoon in your coach. noble ven. i shall think it very long till the morning come : but before you go , pray give me leave to ask you something of your civil war here ; i do not mean the history of it ( although the world abroad is very much in the dark as to all your transactions of that time for want of a good one ) but the grounds or pretences of it , and how you fell into a war against your king. eng. gent. as for our history , it will not be forgotten ; one of those who was in employment from the year . to . hath written the history of those years , a person of good learning and elocution ; and though he be now dead , yet his executors are very unwilling to publish it so soon , and to rub a sore that is not yet healed . but the story is writ with great truth and impartiality , although the author were engaged both in councils and arms for the parliaments side . but for the rest of your demand , you may please to understand , that our parliament never did , as they pretended , make war against the king ; for he by law can do no wrong , and therefore cannot be quarrelled with : the war they declared was undertaken to rescue the king's person out of those mens hands who led him from his parliament , and made use of his name to levy a war against them . noble ven. but does your government permit , that in case of a disagreement between the king and his parliament , either of them may raise arms against the other ? eng. gent. it is impossible that any government can go further than to provide for its own safety and preservation whilst it is in being , and therefore it can never direct what shall be done when it self is at an end ; there being this difference between our bodies natural and politick , that the first can make a testament to dispose of things after his death , but not the other . this is certain , that where-ever any two co-ordinate powers do differ , and there be no power on earth to reconcile them otherwise , nor any umpire , they will , de facto , fall together by the ears . what can be done in this case de jure , look into your own country-man machiavell , and into grotius , who in his book de jure belliac pacis , treated of such matters long before our wars . as for the ancient politicians , they must needs be silent in the point , as having no mixt governments amongst them ; and as for me , i will not rest my self in so slippery a place . there are great disputes about it in the parliaments declarations before the war , and something considerable in the king's answers to them ; which i shall specifie immediately , when i have satisfied you how our war begun ; which was in this manner : the long parliament having procured from the king his royal assent for their sitting till they were dissolved by act , and having paid and sent out the scottish army , and disbanded our own , went on in their debates for the settling and mending our government : the king being displeased with them for it , and with himself for putting it out of his power to dissolve them , now the business which they pretended for their perpetuation was quite finished , takes an unfortunate resolution to accuse five principal men of the commons house , and one of the peers , of high-treason : which he prosecuted in a new unheard-of way , by coming with armed men into the commons house of parliament , to demand their members ; but nothing being done by reason of the absence of the five , and tumults of discontented citizens flocking to white-hall and westminster , the king took that occasion to absent himself from his parliament . which induced the commons house to send commissioners to hampton-court to attend his majesty with a remonstrance of the state of the kingdom , and an humble request to return to his parliament , for the redressing those grievances which were specified in that remonstrance . but the king , otherwise counselled , goes to windsor , and thence northwards , till he arrived at york ; where he summons in the militia , that is , the trained-bands of the county ; and besides , all the gentry , of which there was a numerous appearance . the king addressed himself to the latter with complaints against a prevailing party in parliament , which intended to take the crown from his head ; that he was come to them , his loving subjects , for protection ; and , in short , desired them to assist him with moneys to defend himself by arms. some of these gentlemen petitioned his majesty to return to his parliament , the rest went about the debate of the king's demands ; who , in the mean time , went to hull , to secure the magazine there , but was denied entrance by a gentleman whom the house had sent down to prevent the seizing it ; who was immediately declared a traytor , and the king fell to raising of forces : which coming to the knowledge of the house , they made this vote , that the king , seduced by evil counsel , intended to levy war against his parliament and people , to destroy the fundamental laws and liberties of england , and to introduce an arbitrary government , &c. this was the first time they named the king , and the last : for in all their other papers , and in their declaration to arm for their defence ( which did accompany this vote ) they name nothing but malignant counsellors . the kings answer to these votes and this declaration , is that which i mentioned ; wherein his majesty denies any intention of invading the government , with high imprecations upon himself and posterity if it were otherwise : and owns that they have right to maintain their laws and government . this is to be seen in the paper it self now extant ; and this gracious prince never pretended ( as some divines have done for him ) that his power came from god , and that his subjects could not dispute it , nor ought he to give any account of his actions ( though he should enslave us all ) to any but him . so that our war did not begin upon a point of right , but upon a matter of fact ; for without going to lawyers or casuists to be resolved , those of the people who believed that the king did intend to destroy our liberties , joyned with the parliament ; and those who were of opinion that the prevailing party in parliament did intend to destroy the king or dethrone him , assisted vigorously his majesty with their lives and fortunes . and the question you were pleased to ask never came ; for both parties pretended and believed they were in the right , and that they did fight for and defend the government : but i have wearied you out . noble ven. no sure ▪ sir , but i am infinitely obliged to you for the great care you have taken and still have used to instruct me , and beg the continuance of it for to morrow morning . eng. gent. i shall be sure to wait upon you at nine a clock , but i shall beseech both of you to bethink your selves what to offer , for i shall come with a design to learn , not to teach : nor will i presume in such a matter to talk all , as you have made me do to day ; for what i have yet to say in the point of cure , is so little , that it will look like the mouse to the mountain of this days discourse . doct. it is so in all arts , the corollary is short , and in ours particularly . those who write of the several diseases incident to humane bodies , must make long discourses of the causes , symptomes , signs and prognosticks of such distempers ; but when they come to treat of the cure , it is dispatched in a few recipes . eng. gent. well , sir , for this bout , i humbly take my leave of you ; nay , sir , you are not in a condition to use ceremony . doct. sir , i forbid you this door ; pray retire : to stand here , is worse than to be in the open air . noble ven. i obey you both . doct. i shall wait on you in the evening . the third day . noble ven. gentlemen , you are very welcome : what , you are come both together ! doct. i met this gentleman at the door : but methinks we sit looking one upon another , as if all of us were afraid to speak . eng. gent. do you think we have not reason , in such a subject as this is ? how can any man , without hesitation , presume to be so confident as to deliver his private opinion in a point , upon which , for almost year ( for so long our government has been crazy ) no man has ventured ; and when parliaments have done any thing towards it , there have been animosities and breaches , and at length civil wars ? noble ven. our work to day is , to endeavour to shew how all these troubles may be prevented for the future , by taking away the cause of them , which is the want of a good government ; and therefore it will not be so much presumption in you , as charity , to declare your self fully in this matter . eng. gent. the cure will follow naturally , if you are satisfied in the disease , and in the cause of the disease : for if you agree that our government is broken , and that it is broken because it was founded upon property , and that foundation is now shaken ; it will be obvious , that you must either bring property back to your old government , and give the king and lords their lands again , or else you must bring the government to the property as it now stands . doct. i am very well satisfied in your grounds ; but because this fundamental truth is little understood amongst our people , and that in all conversations men will be offering their opinions of what the parliament ought to do at their meeting , it will not be amiss to examine some of those expedients they propose , and to see whether some or all of them may not be effectual towards the bringing us to some degree of settlement , rather than to venture upon so great a change and alteration as would be necessary to model our government anew . eng. gent. sir , i believe there can be no expedients proposed in parliament that will not take up as much time and trouble , find as much difficulty in passing with the king and lords , and seem as great a change of government , as the true remedy would appear , at least i speak as to what i have to propose ; but however , i approve your method , and if you will please to propose any of those things , i shall either willingly embrace them , or endeavour to shew reason why they will be of little fruit in the settling our state. doct. i will reduce them to two heads ( besides the making good laws for keeping out arbitrary power , which is always understood : ) the hindering the growth of popery , and consequently the providing against a popish successor ; and then the declaring the duke of monmouth's right to the crown , after it hath been examined and agreed to in parliament . eng. gent. as for the making new laws , i hold it absolutely needless , those we have already against arbitrary power being abundantly sufficient , if they might be executed ; but that being impossible ( as i shall shew hereafter ) till some change shall be made , i shall postpone this point : and for the first of your other two , i shall divide and separate the consideration of the growth of popery from that of the succession . i am sorry that in the prosecution of this argument , i shall be forced to say something that may not be very pleasing to this worthy gentleman , we being necessitated to discourse with prejudice of that religion which he professes ; but it shall be with as little ill breeding as i can , and altogether without passion or invectives . noble ven. it would be very hard for me to suspect any thing from you that should be disobliging ; but pray , sir , go on to your political discourse , for i am not so ignorant my self , but to know that the conservation of the national religion ( be it what it will ) is assential to the well ordering a state : and though in our city the doctrinals are very different from what are professed here , yet as to the government of the state , i believe you know that the pope or his priests have as little influence upon it , as your clergy have here , or in any part of the world. eng. gent. i avow it fully , sir , and with the favour you give will proceed . it cannot be denyed but that in former times popery has been very innocent here to the government , and that the clergy and the pope were so far from opposing our liberties , that they both sided with the barons to get a declaration of them by means of magna charta : it is true also , that if we were all papists , and that our state were the same , both as to property and empire , as it was years ago , there would be but one inconvenience to have that religion national again in england , which is , that the clergy , quatenus such , had and will have a share in the soveraignty , and inferiour courts in their own power , called ecclesiastical ; this is , and ever will be a solecism in government , besides a manifest contradiction to the words of christ our saviour , who tells us , his kingdom is not of this world : and the truth is , if you look into the scriptures , you will find , that the apostles did not reckon that the religion they planted should be national in any country , and therefore have given no precepts to the magistrate to meddle in matters of faith and the worship of god ; but preach'd , that christians should yield them obedience in all lawfull things . there are many passages in holy writ which plainly declare , that the true believers and saints should be but a handful , and such as god had separated , and as it were taken out of the world ; which would not have been said by them , if they had believed that whole nations and people should have been true followers of christ , and of his flock : for certainly none of them are to be damn'd , and yet christ himself tells us , that few are saved , and bids us strive to get in at the strait gate ; and therefore i conceive it not to be imaginable , that either christ or his apostles did ever account that the true religion should be planted in the world by the framing of laws , catechisms , or creeds , by the soveraign powers and magistrates , whether you call them spiritual or temporal , but that it should have a progress suitable to its beginning : for it is visible that it had its original from the power and spirit of god , and came in against the stream , not onely without a numa pompilius , or a mahomet , to plant and establish it by humane constitutions and authority , but had all the laws of the world to oppose it , and all the bloudy tyrants of that age to persecute it , and to inflict exquisite torments on the professors of it , in nero's time ( which was very early ) the christians were offered a temple in rome , and in what other cities they pleased , to be built to jesus christ , and that the romans should receive him into the number of their gods ; but our religion being then in its purity , this was unanimously refused , for that such a god must have no companions , nor needed no temples , but must be worshipped in spirit and truth . the successors to these good christians were not so scrupulous ; for within some ages after , the priests to get riches and power , and the emperors to get and keep the empire ( for by this time the christians were grown numerous and powerful ) combined together to spoil our holy religion , to make it fit for the government of this world , & to introduce into it all the ceremonious follies and superstitions of the heathen ; and which is worse , the power of priests , both over the persons and consciences of men. i shall say no more of this , but refer you to innumerable authors who have treated of this subject , particularly to a french minister , who hath written a book , entituled , la religion catholique apostolique romaine instituee par nume pompile ; and to the incomparable machiavel in his posthume letter , printed lately in our language , with the translation of his works . but i have made a long digression ; and to come back again , shall onely desire you to take notice , when i say that anciently popery was no inconvenience in this kingdom , i mean onely politically , as the government then stood , and do not speak at all of the prejudice which mens souls did and will ever receive from the belief of those impious tenents , and the want of having the true gospel of jesus christ preached unto them , but living in perpetual superstition and idolatry : the consideration of these matters is not so proper to my present purpose , being to discourse onely of government . notwithstanding therefore , as i said before , that popery might have suited well enough with our old constitution , yet as to the present estate , which inclines to popularity , it would be wholly as inconsistent with it , and with the power of the keys , and the empire of priests ( especially where there is a forreign jurisdiction in the case ) as with the tyranny and arbitrary power of any prince in the world. i will add thus much in confirmation of the doctor 's assertion , that we ought to prevent the growth of popery , since it is now grown a dangerous faction here against the state. noble ven. how can that be , i beseech you , sir ? eng. gent. sir , i will make you judg of it your self ; i will say nothing of those foolish writings that have been put forth by mariana , emanuel sa , and some others , about the lawfulness of destroying princes and states in case of heresie , because i know all the conscientious and honest papists ( of which i know there are great numbers in the world ) do not only not hold , but even abhor such cursed tenents ; and do believe , that when the pope , by excommunication hath cut off any prince from the communion of the church , can go no further , nor ought to pretend a power to deprive him of his crown , or absolve his subjects from their oaths and obedience : but i shall confine my self to the present condition of our papists here . you know how dangerous it is for any kingdom or state to have a considerable , wealthy , flourishing party amongst them , whose interest it is to destroy the polity and government of the country where they live ; and therefore if our papists prove this party , you will not wonder why this people are so eager to depress them . this is our case : for in the beginning of queen elizabeths reign , there was an alteration of religion in our country , which did sufficiently enrage the holy father at rome , to see that this good cow would be milked no longer . he declares her an heretick and a bastard , ( his sanctity not having declared null that incestuous marriage which her father had contracted before with his brothers wife , and which that king had dissolved to marry her mother ) and afterwards excommunicated our queen , depriving her , as much as in him lay , of the kingdom ; some of the zealots of that party ( having a greater terrour for those thunder-bolts than i believe many have now ) began to conspire against her ; and plots grew at length so frequent , and so dangerous , that it was necessary ( as the parliaments then thought ) to secure the queen , by making severe laws against a people , who did not believe themselves her majesties subjects ; but on the contrary , many of them thought themselves in conscience obliged to oppose and destroy her : and although that excommunication , as also the pretended doubtfulness of the title ▪ both died with that renowned queen , yet a new desperate conspiracy against the king her successor and the whole parliament ensuing , not long after her decease , those rigorous laws have been so far from being repealed , that very many more , and far severer , have been since made , and are yet in force . now these laws make so great a distinction between protestants and papists , that whereas the former are by our government and laws , the freest people in the world , the latter are little better than slaves , are confined to such a distance from their houses , are not to come near the court , which being kept in the capital city , mostly deprives them from attending their necessary occasions ; they are to pay two third parts of their estates annually to the king , their priests are to suffer as traitors , and they as felons for harbouring them ; in fine , one of us , if he do not break the municipal laws for the good government of the country , need not fear the king's power , whereas their being what they are , is a breach of the law , and does put them into the princes hands to ruine them when he pleases ; nay , he is bound by oath to do it , and when he does it not , is complained against by his people , and parliaments take it amiss . now judge you , sir , whether it is not the interest of these people to desire and endeavour a change , whilest they remain under these discouragements , and whether they are not like to joyn with the prince ( whose connivance at the inexecution of those laws is the onely means and hope of their preservation ) whenever he shall undertake any thing for the increase of his own power , and the depressing his parliaments . noble ven. what you say is very undeniable , but then the remedy is very easie and obvious , as well as very just and honourable , which is the taking away those cruel laws , and if that were done they would be one people with you , and would have no necessity , and by consequence no desire to engreaten the king against the interest and liberty of their own country . eng. gent. you speak very well , and one of the reasons amongst many which i have , to desire a composure of all our troubles by a setled government , is , that i may see these people ( who are very considerable , most of them , for estates , birth and breeding ) live quietly under our good laws , and increase our trade and wealth with their expences here at home ; whereas now the severity of our laws against them , makes them spend their revenues abroad , and inrich other nations with the stock of england ; but as long as the state here is so unsetled as it is , our parliaments will never consent to countenance a party , who by the least favour and indulgence may make themselves able to bring in their own religion to be national , and so ruine our polity and liberties . noble ven. i wonder why you should think that possible ? eng. gent. first , sir , for the reason we first gave , which is the craziness of our polity , there being nothing more certain , than that both in the natural and also the politick body any sinister accident that intervenes , during a very diseased habit , may bring a dangerous alteration to the patient . an insurrection in a decayed government , a thing otherwise very inconsiderable , has proved very fatal , as i knew a slight flesh-wound bring a lusty man to his grave in our wars , for that he being extreamly infected with the french disease , could never procure the orifice to close ; so although the designs both at home and abroad , for altering our religion , would be very little formidable to a well-founded government , yet in such an one as we have now , it will require all our care to obviate such machinations . another reason is the little zeal that is left amongst the ordinary protestants , which zeal uses to be a great instrument of preserving the religion establish'd , as it did here in queen elizabeths time ; i will add the little credit the church of england hath amongst the people , most men being almost as angry with that popery which is left amongst us ( in surplices , copes , altars , cringings , bishops , ecclesiastical courts , and the whole hierarchy , besides an infinite number of useless , idle , superstitious ceremonies , and the ignorance and vitiousness of the clergy in general ) as they are with those dogma's that are abolished ; so that there is no hopes that popery can be kept out , but by a company of poor people called fanaticks , who are driven into corners as the first christians were ; and who only in truth conserve the purity of christian religion , as it was planted by christ and his apostles , and is contained in scripture . and this makes almost all sober men believe , that the national clergy , besides all other good qualities have this too , that they cannot hope to make their hierarchy subsist long against the scriptures , the hatred of mankind , and the interest of this people , but by introducing the roman religion , and getting a foreign head and supporter , which shall from time to time brave and hector the king and paliament in their favour and behalf , which yet would be of little advantage to them , if we had as firm and wise a government as you have at venice . another reason , and the greatest , why the romish religion ought to be very warily provided against at this time , is , that the lawful and undoubted heir to the crown , if his majesty should die without legitimate issue , is more than suspected to imbrace that faith ; which ( if it should please god to call the king , before there be any remedy applied to our distracted state ) would give a great opportunity ( by the power he would have in intervals of parliament ) either to introduce immediately that profession , with the help of our clergy , and other english and foreign aids , or else to make so fair a way for it , that a little time would perfect the work ; ●nd this is the more formidable , for that ●a very zealous and bigot 〈…〉 and therefore may be supposed to act any thing to that end , although it should manifestly appear to be contrary to his own interest and quiet ; so apt are those who give up their faith and the conduct of their lives to priests ( who to get to themselves empire , promise them the highest seats in heaven ; if they will sacrifice their lives , fortunes , and hopes , for the exaltation of their holy mother , and preventing the damnation of an innumerable company of souls which are not yet born ) to be led away with such erroneous and wild fancies . whereas philip the second of spain , the house of guise in france , and other great statesmen , have always made their own greatness their first aim , and used their zeal as an instrument of that ; and instead of being cozen'd by priests , have cheated them , and made them endeavour to preach them up to the empire of the world. so i have done with the growth of popery , and must conclude , that if that should be stopt in such manner , that there could not be one papist left in england , and yet our polity left in the same disorder that now afflicts it , we should not be one scruple the better for it , nor the more at quiet ; the growth and danger of popery not being the cause of our present distemper , but the effect of it : but as a good and setled government would not be at all the nearer for the destruction of popery , so popery and all the dangers and inconveniences of it would not only be further off , but would wholly vanish at the sight of such a reformation . and so we begin at the wrong end , when we begin with religion before we heal our breaches . i will borrow one similitude more , with our doctor 's favour , from his profession . i knew once a man given over by the physitians , of an incurable cachexia , which they said proceeded from the ill quality of the whole mass of blood , from great adustion , and from an ill habit of the whole body . the patient had very often painful fits of the chollick , which they said proceeded from the sharpness of the humour which caused the disease ; and , amongst the rest , had one fit which tormented him to that degree , that it was not expected he could out-live it ; yet the doctors delivered him from it in a small time : notwithstanding , soon after the man died of his first distemper . whereas if their art had arrived to have cured that ( which was the cause of the other ) the chollick had vanished of it self , and the patient recovered . i need make no application , nor shall need to say much of the succession of the crown ( which is my next province ) but this i have said already , that it is needless to make any provision against a popish successor if you rectifie your government ; and if you do not , all the care and circumspection you can use in that particular , will be useless and of none effect , and will but at last ( if it do not go off easily , and the next heir succeed peaceably , as is most likely , especially if the king live till the people's zeal and mettle is over ) end probably in a civil war about title ; and then the person deprived may come in with his sword in his hand , and bring in upon the point of it both the popish religion , and arbitrary power : which , though i believe he will not be able to maintain long ( for the reasons before alledged , ) yet that may make this generation miserable and unhappy . it will certainly be agreed by all lovers of their country , that popery must be kept from returning , and being national in this kingdom , as well for what concerns the honour and service of god , as the welfare and liberty of the people ; and i conceive there are two ways by which the parliament may endeavour to secure us against that danger ; the first by ordering such a change in the administration of our government , that whoever is prince , can never violate the laws , and then we may be very safe against popery ; our present laws being effectual enough to keep it out , and no new ones being like to be made in parliament that may introduce it ; and this remedy will be at the same time advantagious to us against the tyranny and incroachments of a protestant successor , so that we may call it an infallible remedy both against popery and arbitrary power . the second way is by making a law to disable any papist by name or otherwise , from inheriting the crown ; and this is certainly fallible , that is , may possibly not take place ( as i shall shew immediately ; ) and besides , it is not improbable that an heir to this kingdom in future times , may dissemble his religion , till he be seated in the throne ; or possibly be perverted to the roman faith after he is possest of it , when it may be too late to limit his prerogative in parliament ; and to oppose him without that , will i fear , be judged treason . doct. but sir , would you have the parliament do nothing , as things stand , to provide ( at least , as much as in them lies ) that whoever succeeds be a good protestant ? eng. gent. yes , i think it best in the first place to offer to his majesty the true remedy ; & if they find him averse to that , then to pursue the other which concerns the succession , because the people ( who are their principals , and give them their power ) do expect something extraordinary from them at this time ; and the most of them believe this last the only present means to save them from popery , which they judge ( and very justly ) will bring in with it a change of government . but then , i suppose , they may be encouraged to propose in the first place the true cure ; not only because that is infallible , as has been proved , but likewise because his majesty in probability will sooner consent to any reasonable demand towards the reforming of the government , and to the securing us that way , than to concur to the depriving his onely brother of the crown . and possibly this latter ( as i said before ) may be the only way the parliament can hope will prove effectual : for if you please to look but an age back into our story , you will find that henry the eighth did procure an act of parliament , which gave him power to dispose of the crown by his last will and testament ; and that he did accordingly make his said will , and by it devise the succession to his son edward the sixth , in the first place , and to the heirs of his body ; and for want of such , to his daughter mary , and to the heirs of her body ; and for want of which heirs , to his daughter elizabeth , our once soveraign of immortal and blessed memory , and the heirs of her body ; and for want of all such issue , to the right heirs of his younger sister , who was , before he made this will , married to charles brandon duke of suffolk , and had issue by him . by this testament he disinherited his elder sister , who was married in scotland ; and by that means did , as much as in him lay , exclude his majesty ( who now , by god's mercy , reigns over us ) as also his father and grandfather . and to make the case stronger , there passed an act long after , in the reign of queen elizabeth , that it should be treason during that queen's life , and a premunire afterwards , to assert that the imperial crown of england could not be disposed of by act of parliament : yet after the decease of that queen , there was no considerable opposition made to the peaceable reception and recognition of king iames of happy memory . and those who did make a little stir about the other title , as the lord cobham , sir walter rawleigh , and a few others , were apprehended & condemn'd according to law. and , notwithstanding that , since , in the reign of k. charles the first , there was a bloody civil war , in which men's minds were exasperated at a high rate ; yet in all the course of it , the original want of title was never objected against his late majesty . i do not urge this to aver that the parliament , with the king's consent , cannot do lawfully this , or any other great matter ; which would be an incurring the penalty of that law , and a solecism in the politicks : but to shew , that when the passions of men are quieted , and the reasons other than they were , it happens oftentimes that those acts which concern the succession fall to the ground of themselves , and that even without the sword , which in this case was never adoperated . and that therefore this remedy in our case may be likely never to take place , if it please god the king live till this nation be under other kind of circumstances . doct. sir , you say very well : but it seems to me , that the last parliament was in some kind of fault , if this be true that you say ; for i remember that my lord chancellor did once , during their sitting , in his majesty's name offer them to secure their religion and liberties any way they could advise of , so they would let alone meddling with the succession , and invited them to make any proposals they thought necessary to that end . eng. gent. hinc ille lachrimae . if this had been all , we might have been happy at this time ; but this gracious offer was in limine , accompanied with such conditions that made the parliament conjecture that it was only to perplex and divide them ; and did look upon it as an invention of some new romanza , ( counsellors and those too , possibly , influenced by the french ) to make them embrace the shaddow for the substance , and satisfying themselves with this appearance , to do their ordinary work of giving money , and be gone , and leave the business of the kingdom as they found it . for it was proposed , that whatsoever security we were to receive , should be both conditional and reversionable : that is , first , we should not be put into possession of this new charter ( be it what it will ) till after the death of his majesty who now is ; whereas such a provision is desirable , and indeed necessary for us for this only reason , that when that unfortunate hour comes , we might not be , in that confusion , unprovided of a calm , setled and orderly , as well as a legal way to keep out popery . whereas otherwise , if we be to take possession in that minute , it must either miscarry , or be gotten by a war , if it be true that possession be nine points of the law in other cases , it is in this the whole ten : and i should be very unwilling , in such a distraction , to have no sanctuary to fly to , but a piece of parchment kept in the pells ; and to have this too , as well as other advantages , in the power and possession of him in whose prejudice it was made : this had been almost as good an expedient to keep out popery , as the bill which was thrown out that parliament ; which provided , that in the reign of a king that should be a papist , the bishops should chuse one another upon vacancies . those counsellors who put my lord chancellor upon this proposal , were either very slender politicians themselves , or else thought the parliament so . if magna charta and the petition of right had not been to take place till after the decease of those princes who confirmed them , neither had the barons shed their blood to so good purpose , nor the members of the parliament in tertio caroli , deserved so glorious an imprisonment after it was ended . the other condition in this renowned proposal is , that all provision and security which is given us to preserve our religion , shall cease immediately , whenever the prince shall take a certain oath to be penned for that purpose ; and i leave it to all thinking men to determine what that will avail us , when we shall have a king of that profession over us , who shall not have so much zeal for his religion , as he who is now the next successor hath ; but shall possibly prefer his ambition , and his desire to get out of wardship , before the scruples of his confessor ; and yet may afterwards , by getting absolution for , and dispensation from such oaths and compliance , employ the power he gets himself , and the security he deprives us of , to introduce violently what worship and faith he pleases . this gracious offer had the fatality to disguist one of the best parliaments that ever sate , and the most loyal ; so that laying it aside , they fell upon the succession , the only thing they had then left , and were soon after dissolved , leaving the kingdom in a more distracted condition than they found it ; and this can no way be composed , but by mending the polity , so that whoever is king cannot ( be he never so inclined to it ) introduce popery , or destroy whatever religion shall be established : as you see in the example of the dutchy of hanover , whose prince some fourteen years since , was perverted to the roman church , went to rome to abjure heresie ( as they call the truth ) return'd home , where he lived and governed as he did before , without the least animosity of his subjects for his change , or any endeavour of his to introduce any in his government or people , and dying this last spring , left the peaceable and undisturbed rule of his subjects to the next successor , his brother the bishop of osnaburg , who is a protestant , and this because the polity of that dukedom has been conserved entire for many years , and is upon a right basis : and if our case were so , we should not onely be out of danger to have our religion altered ( as i said before ) whoever is king , but should in other things be in a happy and flourishing condition . but i have made a long and tedious digression to answer your demands : now 't is time you assist me to find the natural cure of all our mischiefs . doct. stay , sir , i confess my self to be wonderfully edified with your discourse hitherto , but you have said nothing yet of the duke of monmouth . eng. gent. i do not think you desire it , though you were pleased to mention such a thing , for i suppose you cannot think it possible , that this parliament ( which is now speedily to meet by his majesties gracious proclamation ) can ever suffer such a thing to be so much as debated amongst them . doct. sir , you have no reason to take that for granted , when you see what books are printed , what great and honourable persons frequent him in private , and countenance him in publick ; what shoals of the middle sort of people have in his progress this summer met him before he came into any great town , and what acclamations and bon-fires have been made in places where he lodged . eng. gent. these things , i must confess , shew how great a distemper the people are in , and the great reason we have to pray god of his mercy to put an end to it by a happy agreement in parliament . but certainly this proceeds only from the hatred they have to the next successour and his religion , and from the compassion they have to the duke of monmouth ( who as they suppose , hath suffered banishment and dis-favour at court , at his instance ) and not from any hopes of expectations that the parliament will countenance any pretence that can be made in his behalf to the succession . doct. it may be when we have discoursed of it , i shall be of your mind , ( as indeed i am enclined already ) but yet nothing in war is more dangerous than to contemn an enemy ; so in this argumentation that we use to secure our liberties , we must leave nothing unanswered that may stand in the way of that , especially the duke of monmouth's claim , which is pretended to confirm and fortifie them , for ( say some men ) if you set him up , he will presently pass all bills that shall concern the safety and interest of the people ; and so we shall be at rest for ever . eng. gent. well , i see i must be more tedious than i intended ; first then , the reasoning of these men you speak of , does in my apprehension , suppose a thing i cannot mention without horrour , which is , that this person should be admitted immediately to the possession of the crown to do all these fine matters ; for otherwise , if he must stay till the death of our soveraign who now reigns ( which i hope and pray will be many years ) possibly these delicate bills may never pass , nor he find hereafter the people in so good a humour to admit him to the reversion , which if it could be obtain'd ( as i think it impossible politically ) yet the possession must be kept by a standing army , and the next successour cannot have a better game to play , nor a better adversary to deal with , than one who leaps in over the heads of almost all the protestant princes families abroad , besides some papist who are greater ; and when we have been harrassed with wars , and the miseries that accompany it some few years , you shall have all these fine people , who now run after him , very weary of their new prince : i would not say any thing to disparage a person so highly born , and of so early merit ; but this i may say , that if a lawful title should be set on foot in his favour , and a thousand dutch hosts , and such like , should swear a marriage , yet no sober man , that is not blinded with prejudice , will believe , that our king ( whom none can deny to have an excellent understanding ) would ever marry a woman so much his inferiour as this great persons mother was ; and this at a time when his affairs were very low , and he had no visible or rational hopes to be restored to the possession of his kingdoms but by an assistance which might have been afforded him by means of some great foreign alliance . well , but to leave all this , do these men pretend that the duke of monmouth shall be declared successour to the crown in parliament , with the king 's concurence or without it ; if without it , you must make a war for it , and i am sure that no cause can be stated upon such a point , that will not make the assertors and undertakers of it be condemned by all the politicians and moralists of the world , and by the casuis t s of all religions , and so by consequence , it is like to be a very unsuccesful war. if you would have this declar'd with the king's consent , either you suppose the royal assent to be given , when the king has his liberty either to grant it , or not grant it , to dissolve the parliament , or not dissolve it , without ruine or prejudice to his affairs : if in the first case , it is plain he will not grant it , because he cannot do it without confessing his marriage to that duke's mother , which he hath already declared against in a very solemn manner , and caused it to be registred in chancery ; and which not only no good subject can chuse but believe , but which cannot be doubted by any rational person ; for it would be a very unnatural , and indeed a thing unheard of , that a father who had a son in lawful matrimony , and who was grown to perfection , and had signalized himself in the wars , and who was ever intirely beloved by him , should disinherit him by so solemn an asseveration ( which must be a false one too ) to cause his brother to succeed in his room . and whereas it is pretended by some , that his majesties danger from his brothers counsels and designs may draw from him something of this ; beside that they do not much complement the king in this , it is clear , his brother is not so popular , but that he may secure him when he pleases , without hazard , if there were any ground for such an apprehension . but we must in the next place suppose that the king's affairs were in such a posture , that he could deny the parliament nothing without very great mischief , and inconvenience to himself and the kingdom ; then i say , i doubt not , but the wisdom of the parliament will find out divers demands and requests to make to his majesty of greater benefit , and more necessary for the good of his people than this would be ; which draws after it not only a present unsetledness , but the probable hazard of misery and devastation for many years to come , as has been proved . so that as on the one side the parliament could not make a more unjustfiable war than upon this account , so they could not be dissolved upon any occasion wherein the people would not shew less discontent and resentment , and for which the courtiers would not hope to have a better pretext to strive in the next choice to make their arts and endeavours more successful in the election of members more suitable to their designs for the continuance of this present mis-government ; for if this parliament do mis-spend the peoples mettle , which is now up , in driving that nail which cannot go , they must look to have it cool , and so the ship of this commonwealth , which if they please may be now in a fair way of entering into a safe harbour , will be driven to sea again in a storm , and must hope for , and expect another favourable wind to save them ; and god knows when that may come . doct. but sir , there are others , who not minding whether the parliament will consider the duke of monmouths concern , so far as to debate it , do yet pretend , that there is great reason to keep up the peoples affections to him ; and possibly to foment the opinion they have of his title to the crown , to the end , that if the king should die re infectà , that is , before such time as the government is redrest , or the duke of york disabled by law to succeed , the people might have an head , under whose command and conduct they might stand upon their guard , till they had some way secured their government and religion . eng. gent. what you have started is not a thing that can safely be discoursed of , nor is it much material to our design , which is intended to speculate upon our government , and to shew how it is decayed : i have industriously avoided the argument of rebellion , as i find it coucht in modern polititians , because most princes hold , that all civil wars in mixt monarchies must be so , and a polititian , as well as an oratour , ought to be vir bonus , so ought to discourse nothing , how rational soever , in these points under a peaceable monarchy , which gives him protection , but what he would speak of his prince if all his councel were present . i will tell you only , that these authors hold , that nothing can be alledged to excuse the taking arms by any people in opposition to their prince from being crimen lesae majestatis , but a claim to a lawful jurisdiction , or co-ordination in the government , by which they may judg of , and defend their own rights , and so pretend to fight for , and defend the government ; for though all do acknowledg , that populi salus is , and ought to be the most supreme , or soveraign law in the world ; yet if we should make private persons , how numerous soever , judg of populi salus , we should have all the risings and rebellions that should ever be made , justified by that title , as happened in france , when la guerre du bien publique took that name , which was raised by the insatiable ambition of a few noble men , and by correspondency and confederacy with charles , son of the duke of burgundy , and other enemies to that crown . doct. but would you have our people do nothing then , if the king should be assassinated , or die of a natural death ? eng. gent. you ask me a very fine question , doctor : if i say , i would have the people stir in that case , then the king , and his laws take hold of me ; and if i should answer , that i would have them be quiet , the people would tear me in pieces for a iesuit , or at least , believe that i had no sense of the riligion , laws , and liberty of my countrey . de facto , i do suppose , that if the people do continue long in this heat which now possesseth them , and remain in such a passion at the time of the kings death without setling matters , they may probably fall into tumults and civil war , which makes it infinitely to be desired , and prayed for by all good english men , that during the quiet and peace we injoy , by the blessing of his majesties life and happy reign , we might likewise be so wise and fortunate , as to provide for the safety and prosperity of the next generation . doct. but if you would not have the people in such a case , take the duke of monmouth for their head , what would you have them do ? eng. gent. doctor , you ask me very fine questions ; do not you know that machivel , the best and most honest of all the modern polititians , has suffered sufficiently by means of priests , and other ignorant persons , who do not understand his writings , and therefore impute to him the teaching subjects how they should rebel and conspire against their princes , which if he were in any kind guilty of , he would deserve all the reproaches that have been cast upon him , and ten times more ; and so should i , if i ventured to obey you in this . i am very confident , that if any man should come to you , to implore your skill in helping him to a drug that might quickly , and with the least fear of being suspected , dispatch an enemy of his , or some other , by whose death he was to be a gainer ; or some young lass that had gotten a surruptitious great belly , should come to you to teach her how to destroy the fruit ; i say , in this case you would scarce have had patience to hear these persons out ; much less would you have been so wicked to have in the least assisted them in their designs , no more than solon , lycurgus , periander , or any other of the sages could have been brought to have given their advice to any persons who should have begged it , to enable them to ruine and undermine the government of their own commonwealths . doct. sir , this reprehension would be very justly given me , if i had intended by this question to induce you to counsel me , or any other how to rebel ; my meaning was to desire you ( who have heretofore been very fortunate in prophesying concerning the events of our changes here ) to exercise your faculty a little at this time , and tell us , what is like to be the end of these destractions we are under , in case we shall not be so happy as to put a period to them by mending our government , and securing our religion and liberty in a regular way . eng. gent. doctor , i will keep the reputation of prophecy , which i have gained with you , and not hazard it with any new predictions , for fear they should miscarry ; yet i care not , if i gratifie your curiosity a little in the point , about which you first began to interrogate me , by presaging to you , that in case we should have troubles , and combustions here , after his majesties decease ( which god avert ) we must expect a very unsuccesful end of them , if we should be so rash and unadvised , as to make the great person we have been lately speaking of , our head ; and that nothing can be more dangerous and pernitious to us than such a choice . i have not in this discourse the least intention to except against , much less to disparage the personal worth of the duke of monmouth , which the world knows to be very great , but do believe that he hath courage and conduct proportionable to any imployment that can be conferred upon him , whether it be to manage arms , or counsels ; but my opinion is , that no person in his circumstance can be a proper head in this case ; for the people having been already put on upon his scent of the title to the crown , will be very hardly called off , and so will force the wiser men , who may design better things , to consent that he be proclaimed king immediately , except there be some other head , who by his power , wisdom , and authority , may restrain the forwardness of the multitude , and obviate the acts of some men , whose interest and hopes may prompt them to foment the humours of the people . now the consequences of hurrying a man to the throne so tumultuously , without the least deliberation , are very dismal ; and do not only not cure the politick distempers of our countrey , which we have talked so much of , but do infinitely augment it , and add to the desease our state labours under already ( which is a consumption ) a very violent feaver too ; i mean war at home , and from abroad , which must necessarily follow in a few years : nor is it possible to go back , when once we have made that step ; for our new king will call a parliament , which being summoned by his will , neither will nor can question his title or government , otherwise than by making addresses , and by presenting bills to him , as they do to his now majesty . nob. ven. it seems to me , that there needs nothing more than that ; for if he consent to all laws as shall be presented to him , you may reform your government sufficiently , or else it is your own fault . eng. gent. we have shewed already , and shall do more hereafter , that no laws can be executed till our government be mended ; and if you mean we should make such as should mend that ( besides that it would be a better method to capitulate that , before you make choice of your prince , as wise people have done in all ages , and the cardinals do at rome in the conclave before they choose their pope ) i say besides this , it is not to be taken for granted that any bills that tend to make considerable alterations in the administration , ( and such we have need of , as you will see anon ) would either in that case be offered or consented to ; both prince and people being so ready to cry out upon forty-one , and to be frighted with the name of a common-wealth , even now when we think popery is at the door ; which some people then will think farther off , and so not care to make so great alterations to keep it out ; besides the great men and favourites of the new prince will think it hard that their king should be so bounded and limited both in power and revenue , that he shall have no means to exercise his liberality towards them , and so may use their interest and eloquence in both houses to dissuade them from pressing so hard upon a prince who is a true zealous protestant , and has alwaies headed that party and who is justly admired , if not adored by the people ; and considering too that all the power they leave him , will serve but to enable him to defend us the better from popery and arbitrary power ; for which latter monarchy was first instituted . thus we may exercise during a parliament or two , love-tricks between the prince and his people , and imitate the hony-moon that continued for about two years after his majesties restauration till the ill management of affairs and the new grevances that shall arise ( which will be sure never to fail till our true cure be effected , notwithstanding the care of the new king and his councellors ) shall awaken the discontents of the people , and then they will curse the time in which they made this election of a prince , and the great men for not hindring them . then men will be reckoning up the discontents of the peers , sometime after they had made a rash choice of h. the th in the field , who ( had then no title ) when they saw how he made use of the power they gave him to lessen their greatness , and to fortifie himself upon their ruins ; when it comes to this , and that the governing party comes to be but a little faction , the people ( who never know the true cause of their distemper ) will be looking out abroad who has the lawful title ( if the next heir be not in the meantime with an army of english and strangers in the field here , as is most likely ) and look upon the prince of orange , or the next of kin , as their future saviour ( in case the duke be dead in the mean time , and so the cause of all their distrust taken away ) thus most men , not only discontented persons , but the people in general , lookt upon his majesty that now is , as their future deliverer during our late distractions , when his condition was so weak that he had scarce wherewithall to subsist , and his enemies powerful at home and victorious abroad , which will not be i fear , our case . i prophesy then ( because you will have me use this word ) that if nobles or people make any such unfortunate choice as this during the distractions we may be in upon his majesties death , we shall not only miss our cure , or have it deferred till another government make it ; but remain in the confusion we now suffer under ; and besides , that shall be sure to feel , first or last , the calamity of a civil and foreign war , and in the mean time to be in perpetual fear of it , and suffer all the burden and charge which is necessary to provide for it , besides all the other ill consequences of a standing army . to conclude , i assure you in the faith of a christian , that i have made this discourse solely and singly out of zeal and affection to the interest of my countrey , and not at all with the least intention to favour or promote the cause or interest of the d. of york , or to disparage the duke of monmouth , from whom i never received the least unkindness , nor ever had the honour to be in his company ; and to whom i shall ever pay respect suitable to his high birth and merit . noble ven. well , sir , your reasoning in this point has extreamly satisfied me ; and the doctor , i suppose , was so before , as he averred ; therefore pray let us go on where we left . eng. gent. i cannot take so much upon me as to be dictator in the method of our cure , since either of you is a thousand times better qualified for such an office , and therefore shall henceforth desire to be an auditor . doct. pray , sir , let us not spend time in compliments , but be pleased to proceed in this business , and we doubt not but as you have hitherto wonderfully delighted us , so you will gratifie us in concluding it . eng. gent. i see i must obey you , but pray help me , and tell me in the first place , whether you do not both believe , that as the causa causarum of all our distractions is ( as has been proved ) the breach of our government ; so that the immediate causes are two : first , the great distrust on both sides between the king and his people and parliament ; the first fearing that his power will be so lessened by degrees , that at length it will not be able to keep the crown upon his head : and the latter seeing all things in disorder , and that the laws are not executed ( which is the second of the two causes ) fear the king intends to change the government , and be arbitrary . noble ven. i am a stranger , but ( though i never reflected so much upon the original cause , as i have done since i heard you discourse of it ) yet i ever thought that those two were the causes of the unquietness of this kingdom : i mean the jealousie between the king and his people , and the inexecution of the great laws of calling parliaments annually , and letting them sit to dispatch their affairs : i understand this in the time of his majesties grand-father , and father , more than in his own reign . eng. gent. then whoever can absolutely lay these two causes asleep for ever , will arrive to a perfect cure ; which i conceive no way of doing , but that the king have a great deal more power or a great deal less : and you know that what goes out of the king must go into the people , and so vice versa : insomuch that the people must have a great deal more power , or a great deal less : now it is no question , but either of these two , would rather increase their power than diminish it ; so that if this cannot be made up by the wisdom of this age , we may see in the next , that both the king will endeavour to be altogether without a parliament , and the parliament to be without a king. doct. i begin to smell , that you would be nibbling at the pretence which some had before his majesties restauration , of a commonwealth or democracy . eng. gent. no , i abhor the thoughts of wishing , much less endeavouring any such thing , during these circumstances we are now in ; that is , under oaths of obedience to a lawful king. and truly if any themistocles should make to me such a proposal , i should give the same judgment concerning it , that aristides did in such a case . the story is short ; after the war between the greeks and the persians was ended , and xerxes driven out of greece , the whole fleet of the grecian confederates ( except that of athens which was gone home ) lay in a great arsenal ( such as were then in use ) upon the coast of attica ; during their abode there , themistocles harrangues one day the people of athens ( as was then the custome ) and tells them , that he had a design in his head , which would be of infinite profit and advantage to the commonwealth ; but that it could not be executed without the order and authority of them , and that it did likewise require secresie ; and if it were declared there in the market place , where strangers as well as citizens might be present , it could not be concealed , and therefore proposed it to their consideration what should be done in it : it was at length concluded that themistocles should propose it to aristides , and if he did next morning acquaint the people that he gave his approbation to it , it should be proceeded in : themistocles informs him that the whole fleet of their confederates in the war against the medes had betaken themselves to the great arsenal upon their coast , where they might be easily fired , and then the athenians would remain absolute masters of the sea , and so give law to all greece ; when aristides came the next day to deliver his judgment to the people , he told them that the business proposed by themistocles , was indeed very advantageous , and profitable to the athenians ; but withal , the most wicked and villanous attempt that ever was undertaken ; upon which it was wholly laid aside . and the same judgment do i give , doctor , of your democracy at this time . but to return to the place where i was , i do belive that this difference may easily be terminated very fairly , and that our house need not be pulled down , and a new one built ; but may be very easily repair'd , so that it may last many hundred years . noble ven. i begin to perceive that you aim at this , that the king must give the people more power , as henry the third , and king iohn did , or the parliament must give the king more , as you said they did in france in the time of lewis the eleventh ; or else that it will come in time to a war again . eng. gent. you may please to know , that in all times hitherto , the parliament never demanded any thing of the king , wherein the interest and government of the kingdom was concerned ( excepting acts of pardon ) but they founded their demands upon their right , not only because it might seem unreasonable for them to be earnest with him to give them that which was his own , but also because they cannot chuse but know , that all powers which are fundamentally and lawfully in the crown , were placed there upon the first institution of our government , to capacitate the prince to govern and protect his people : so that for the parliament to seek to take from him such authority , were to be felo de se , as we call a self-homicide ; but as in some distempers of the body the head suffers as well as the inferiour parts , so that it is not possible for it , to order , direct and provide for the whole body as its office requires , since the wisdom and power which is placed there , is given by god to that end ; in which case , though the distemper of the body may begin from the disease of some other part , or from the mass of blood or putrefaction of other humours ; yet since that noble part is so affected by it , that reason and discourse fails , therefore to restore this again , remedies must be apply'd to , and possibly humours or vapours drawn from the head it self , that so it may be able to govern and reign over the body as it did before , or else the whole man , like a slave , must be ruled and guided ab extrinseco , that is by some keeper : so it is now with us , in our politick disease , where granting ( if you please ) that the distemper does not proceed from the head , but the corruption of other parts , yet in the cure , applications must be made to the head as well as to the members , if we mean poor england shall recover its former perfect health ; and therefore it will be found , perhaps , essential to our being , to ask something ( in the condition we now are ) to which the king as yet may have a right ; and which except he please to part with , the phenomena of government cannot be salved ; that is , our laws cannot be executed ; nor magna charta it self made practicable ; and so both prince and people , that is , the polity of england , must die of this disease , or by this delirium must be governed , ab extrinseco , and fall to the lot of some foregin power . noble ven. but , sir , since the business is come to this dilemma , why may not the king ask more power of the parliament , as well as they of him ? eng. gent. no question but our present councellours and courtiers would be nibbling at that bait again , if they had another parliament that would take pensions for their votes ; but in one that is come fresh from the people , and understand their sense and grievances very well , i hardly believe they will attempt it ; for both council and parliament must needs know by this time-a-day , that the cause of all our distractions coming ( as has been said an hundred times ) from the king 's having a greater power already than the condition of property at this present can admit , without confusion and disorder ; it is not like to mend matters for them to give him more , except they will deliver up to him at the same instant their possessions , and right to their lands , and become naturally and politically his slaves . noble ven. since there must be a voluntary parting with power , i fear your cure will prove long and ineffectul , and we reconcilers shall , i fear , prove like our devout cappuchin at venice ; this poor mans name was fra. barnardino da udine , and was esteemed a very holy man , as well as an excellent preacher , insomuch that he was appointed to preach the lent sermons in one of our principal churches , which he performed at the begining with so much eloquence , and applause , that the church was daily crouded three hours before the sermon was to begin ; the esteem and veneration this poor fryar was in , elevated his spirit a little too high to be contained within the bounds of reason ; but before his delirium was perceived , he told his auditory one day , that the true devotion of that people , and the care they had to come to hear his word preached , had been so acceptable to god and to the virgine , that they had vouchsafed to inspire him with the knowledg of an expedient , which he did not doubt , but would make men happy & just even in this life , & that the flesh should no longer iust against the spirit ; but that he would not acquaint them with it at that present , because something was to be done on their parts to make them capable of this great blessing , which was to pray zealously for a happy success upon his endeavours , and to fast , and to visit the churches to that end ; therefore he desired them to come the wednesday following to be made acquainted with this blessed expedient . you may imagine how desirous our people were , to hear something more of this fifth-monarchy ; i will shorten my story , and tell you nothing of what crouding there was all night , and what quarrelling for places in the church ; nor with what difficulty the saffi , who were sent by the magistrate to keep the paece , and to make way for the preacher to get into the pulpit , did both ; but up he got , and after a long preamable of desiring more prayers , and addressing himself to our senate to mediate with the pope , that a week might be set apart for a jubilee and fasting three days all over the christian world , to storm heaven with masses , prayers , fasting and almes to prosper his designs ; he began to open the matter , that the cause of all the wickedness and sin , and by consequence of all the miseries and affliction which is in the world , arising from the enmity which is between god and the devil , by which means god was often cross'd in his intentions of good to mankind here , and hereafter , the devil by his temptations making us uncapable of the mercy and favour of our creator ; therefore he had a design ( with the helps before mentioned ) to mediate with almighty god , that he would pardon the devil , and receive him into his favour again after so long a time of banishment and imprisonment ; and not to take all his power from him , but to leave him so much as might do good to man , and not hurt ; which he doubted not but he would imploy that way , after such reconciliation was made , which his faith would not let him question . you may judge what the numerous auditory thought of this ; i can only tell you , that he had a different fort of company at his return , from what he had when he came , for the men left him to the boys , who with great hoops instead of acclamations , brought him to the gondola , which conveyed him to the redentor , where he lodged ; and i never had the curiosity to enquire what became of him after . doct. i thank you heartily for this intermess ; i see you have learnt something in england : for , i assure you , we have been these twenty years turning this , and all serious discourses into ridicule ; but yet your similitude is very pat ; for in every parliament that has been in england these sixty years , we have had notable contests between the seed of the serpent , and the seed of the woman . eng. gent. well sir , we have had a michael here in our age , who has driven out lucifer , and restored the true deity to his power : but where omnipotency is wanting ( which differs the frier's case and mine ) the devil of civil war and confusion may get up again , if he be not laid by prudence and vertue , and better conjurers than any we have yet at court. noble ven. well gentlemen , i hope you have pardoned me for my farce . but , to be a little more serious , pray tell me how you will induce the king to give up so much of his right as may serve your turn ? would you have the parliament make war with him again ? eng. gent. there cannot , nor ought to be , any change , but by his majesty's free consent ; for besides , that a war is to be abhorred by all men that love their country , any contest of that kind in this case ( viz. to take away the least part of the kings right ) could be justified by no man living . i say , besides that , a civil war has miscarried in our days , which was founded ( at least pretendedly ) upon defence of the people's own rights : in which , although they had as clear a victory in the end , as ever any contest upon earth had , yet could they never reap the least advantage in the world by it : but went from one tyranny to another , from barebones parliament , to cromwell's reign ; from that , to a committee of safety ; leaving those grave men , who managed affairs at the beginning , amazed to see new men , and new principles governing england . and this induced them to co-operate to bring things back just where they were before the war. therefore this remedy will be either none , or worse than the disease : it not being now as it was in the barons time , when the lord who led out his men , could bring them back again when he pleased , and rule them in the mean time , being his vassals . but now there is no man of so much credit , but that one who behaves himself bravely in the war , shall out-vye him ; and , possibly , be able to do what he pleases with the army and the government : and in this corrupt age , it is ten to one , he will rather do hurt than good with the power he acquires . but because you ask me how we would perswade the king to this ? i answer , by the parliament's humbly remonstrating to his majesty , that it is his own interest , preservation , quiet and true greatness , to put an end to the distractions of his subjects , and that it cannot be done any other way , and to desire him to enter into debate with some men authorized by them , to see if there can be any other means than what they shall offer to compose things ; if they find there may , then to embrace it , otherwise to insist upon their own proposals : and if in the end they cannot obtain those requests , which they think the only essential means to preserve their country , then to beg their dismission , that they may not stay , and be partakers in the ruin of it . now , my reasons why the king will please to grant this , after the thorough discussing of it , are two . first , because all great princes have ever made up matters with their subjects upon such contests , without coming to extremities . the two greatest , and most valiant of our princes , were edward the first , and his grandchild edward the third : these had very great demands made them by parliaments , and granted them all ; as you may see upon the statute-book . edward the second , and richard the second , on the contrary , refused all things till they were brought to extremity . there is a memorable example in the greek story of theopompus king of sparta ; whose subjects finding the government in disorder for want of some persons that might be a check upon the great power of the king , proposed to him the creation of the ephores ( officers who made that city so great and famous afterwards ) . the king finding by their reasons ( which were unanswerable , as i think ours now are ) , that the whole government of sparta was near its ruin , without such a cure ; and considering that he had more to lose in that disorder than others , freely granted their desires ; for which being derided by his wife , who asked him what a kind of monarchy he would leave to his son ? answered , a very good one , because it will be a very lasting one . which brings on my second reason , for which i believe the king will grant these things ; because he cannot any way mend himself , nor his condition , if he do not . noble ven. you have very fully convinced me of two things : first , that we have no reason to expect or believe that the parliament will ever increase the kings power : and then , that the king cannot by any way found himself a new , and more absolute monarchy , except he can alter the condition of property , which i think we may take for granted to be impossible . but yet , i know not why we may not suppose that ( although he cannot establish to all posterity such an empire ) he may , notwithstanding , change the government at the present ; and calling parliaments no more , administer it by force , as it is done in france , for some good time . eng. gent. in france it has been a long work ; and although that tyranny was begun , as has been said , by petition from the states themselves , not to be assembled any more ; yet the kings since , in time of great distraction , have thoughr fit to convocate them again ; as they did in the civil wars thrice : once at orleans , and twice at blois . i would not repeat what i have so tediously discoursed of concerning france already , but only to intreat you to remember that our nation has no such poor and numerous gentry , which draw better revenues from the king's purse , than they can from their own estates ; all our country people consisting of rich nobility and gentry , of wealthy yeomen , and of poor younger brothers who have little or nothing , and can never raise their companies , if they should get commissions , without their elder brothers assistance amongst his tenants , or else with the free consent and desire of the people , which , in this case , would hardly be afforded them . but we will suppose there be idle people enough to make an army , and that the king has money enough to arm and raise them : and i will grant too , to avoid tediousness ( although i do not think it possible ) that the people will at the first , for fear , receive them into their houses , and quarter them against law ; nay , pay the money which shall be by illegal edicts , imposed upon the subjects to pay them ; yet is it possible an army can continue any time to enslave their own country ? can they resist the prayers , or the curses of their fathers , brothers , wives , mothers , sisters , and of all persons wherever they frequent ? upon this account all the greek tyrants were of very short continuance ; who being in chief magistracy and credit in their commonwealths , by means of soldiers and satellites , usurped the soveraignty . but did ever any of them , excepting dionysius , leave it to his son ? who was driven out within less than a year after his fathers death . many armies of the natives have destroyed tyrannies : so the decemvirate was ruined at rome , the tarquins expelled before that : our own country has been a stage , even in our time , where this tragedy has been sufficiently acted ; for the army , after the war was done , fearing the monarchy should be restored again , held councils , got agitators ; and though there were often very severe executions upon the ring-leaders , did at length , by their perseverance , necessitate their officers to joyn with them ( having many good head-pieces of the party to advise them ) ; and so broke all treaties . and the parliament too , adhering to a small party of them who consented to lay aside kingly government , and afterwards drove them away too , fearing they would continue to govern in oligarchy . i am far from approving this way they used , in which they broke all laws , divine and humane , political and moral : but i urge it only to shew how easily an army of natives is to be deluded with the name of liberty , and brought to pull down any thing which their ring-leaders tell them tends to enslaving their country . 't is true , this army was afterwards cheated by their general ; who without their knowledge , much less consent , one morning , suddenly made himself tyrant of his country . it as true , that their reputation ( not their arms ) supported him in that state for some time ; but it is certain that they did very often , and to the last , refuse to be instrumental to levy moneys , though for their own pay : and so he , against his will , was fain to call from time to time parliamentary conventions . and it is most certain that he did , in the sickness of which he died , often complain that his army would not go a step farther with him : and , de facto , some months after his death , they did dethrone his son , and restore the remainder of the old parliament , upon promise made to them in secret ( by the demogogues of that assembly ) that a commonwealth should be speedily framed and setled . noble ven. sir , i am satisfied that an army raised here on a sudden , and which never saw an enemy , could not be brought to act such high things for the ruin of their own government ; nor possibly , would be any way able to resist the fury and insurrection of the people . but what say you of a forreign army , raised by your king abroad , and brought over , whose officers and soldiers shall have no acquaintance or relations amongst the people here ? eng. gent. all forces of that kind must be either auxiliaries or mercenaries : auxiliaries are such as are sent by some neighbour prince or state , with their own colours , and paid by themselves : though possibly , the prince who demands them may furnish the money . these usually return home again , when the occasion , for which they were demanded , is over : but whether they do or not , if they be not mixed and over-ballanced with forces which depend upon the prince who calls them , but that the whole weight and power lies in them , they will certainly , first or last , seize that country for their own soveraign . and as for mercenaries , they must be raised ( 't is true ) with the money of the prince who needs them , but by the authority and credit of some great persons who are to lead and command them : and these , in all occasions , have made their own commander prince ; as f. sforza at milan drove out by this trick the visconti , ancient dukes of that state ; and the mamalukes in egypt made themselves a military commonwealth . so that the way of an army here would either be no remedy at all , or one very much worse than the disease to the prince himself . noble ven. well sir , i begin to be of opinion , that any thing the king can grant the parliament ( especially such a parliament as this is , which consists of men of very great estates , and so can have no interest to desire troubles ) will not be so inconvenient to him , as to endeavour to break the government by force . but why may he not , for this time , by soothing them , and offering them great alliances abroad for the interest of england , and ballancing matters in europe more eaven than they have been ; and , in fine , by offering them a war with the french , to which nation they have so great a hatred ; lay them asleep , and get good store of money , and stave off this severe cure you speak of , at least , for some time longer ? eng. gent. there has been something of this done too lately ; and there is a gentleman lies in the tower , who is to answer for it . but you may please to understand , that there is scarce any amongst the middle sort of people , much less within the walls of the house of commons , who do not perfectly know , that we can have no alliance with any nation in the world that will signifie any thing to them , or to our selves , till our government be redressed and new modelled . and therefore , though there were an army landed in this island , yet that we must begin there , before we are sit to repulse them , or defend our selves . and the fear and sense of this people universally is , that if we should have any war , either for our own concerns , or for those of our allies , whilst matters remain as they do at home , it would certainly come to this pass , that either being beaten , we should subject this kingdom to an invasion , at a time when we are in a very ill condition to repell it ; or else , if we were victorious , that our courtiers and counsellors in fragrante ( or as the french cry , d'emble ) , would employ that mettle and good fortune to try some such conclusions at home as we have been discoursing of . and therefore , if any war should be undertaken without parliament , you should see the people rejoyce as much at any disaster our forces should receive , as they did when the scots seized the four northern counties in . or before that , when we were beaten at the isle of rhee , or when we had any loss in the last war with holland . and this joy is not so unnatural as it may seem to those who do not consider the cause of it ; which is the breach of our old government , and the necessity our governors are under to make some new experiments : and the fear we are in , that any prosperity may make them able to try them , either with effect , or at least with impunity . which consideration made a court-droll say lately to his majesty , ( who seemed to wonder why his subjects hated the french so much ) ; sir , it is because you love them , and espouse their interest : and if you would discover this truth clearly , you may please to make war with the king of france ; and then you shall see , that this people will not only love them , take their parts , and wish them success ; but will exceedingly rejoyce when they are victorious in sinking your ships , or defeating your forces . and this is sufficient to answer your proposal for alliances abroad , and for a war with france . besides this ( to wind all up in a word ) it is not to be imagined , that so good and wise a prince as we have at this time should ever be induced ( when he comes to understand perfectly his own condition ) to let his own interest ( granting his power to be so , which is very false ) contest with the safety and preservation of his people , for which only it was given him ; or that he will be any way tenacious of such prerogatives , as now , by a natural revolution of political circumstances , are so far from continuing useful to his governing the people , that they are the only remora and obstacle of all government , settlement and order . for his majesty must needs know , that all forms of regulating mankind under laws were ordained by god and man , for the happiness and security of the governed , and not for the interest and greatness of those who rule ; unless where there is melior natura in the case . so god governs man for his own glory only , and men reign over beasts for their own use and service ; and where an absolute prince rules over his own servants whom he feeds and pays ( as we have said ) , or the master of a great and numerous family governs his houshold ; they are both bound by the law of god and nature , and by their own interest , to do them justice , and not insaevire or tyranize over them , more than the necessity of preserving their empire and authority requires . doct. but sir , considering the difficulty which will be found in the king , and possibly in the parliament too , to come up to so great an alteration at the first , and the danger that may happen by our remaining long in this unsetled condition , which does hourly expose us to innumerable hazards , both at home , and from abroad ; why may we not begin , and lay the foundation now , by removing all his majesty's present council by parliament ; which is no new thing , but hath been often practised in many kings reigns ? eng. gent. first , the council , that is , the privy council which you mean , is no part of our government , as we may have occasion to shew hereafter ; nor is the king obliged by any fundamental law , or by any act of parliament to hearken to their advice , or so much as to ask it ; and if you should make one on purpose , besides that it would not be so effectual as what we may propose , it would be full as hard to go down either with king or parliament . but besides all this , you would see some of these counsellours so nominated by parliament , perhaps prove honest , and then they would be forced to withdraw as some lately did , because they found , i suppose , that till the administration be alter'd , it is impossible that their councils can be imbraced , or any thing be acted by them which may tend to the good of their country ; those who have not so great a sence of honour and integrity , will be presently corrupted by their own interest , whilst the prince is left in possession of all those baits and means to answer such mens ectpectations : it being most certain , that if you have a musty vessel , and by consequence dislike the beer which comes out of it , and draw it out , causing the barrel to be immediately fill'd with good and sound liquor , it is certain by experience , that both your new drink , and all that ever you shall put into the cask , till it be taken in pieces , and the pipes shaved , and new model'd , will be full as musty , and unsavoury as the first which you found fault with . noble ven. now , sir , i think we are at an end of our questions , and i for my part am convinced , that as the king cannot better himself any way by falling out with his people at this time , so that his goodness and wisdom is such , that he will rather chuse to imitate the most glorious and generous of his predecessors , as edward the first , and edward the third , than those who were of less worth , and more unfortunate , as edward the second , and richard the second . and therefore we are now ready to hear what you would think fit to ask of so excellent a prince . eng. gent. i never undertook to be so presumptuous ; there is a parliament to sit speedily , and certainly they are the fittest every way to search into such matters ; and to anticipate their wisdom would be unreasonable , and might give them just offence . but because all this tittle tattle may not go for nothing , i shall presume to give you my thoughts , how the cure must be wrought , without descending to particulars . the cause immediate ( as we have said ) of our disease , is the inexecution of our laws ; and it is most true , that when that is alter'd for the better , and that all our laws are duly executed , we are in health ; for as we can never have the entire benefit of them , till our government is upon a right basis ; so whenever we enjoy this happiness , to have the full benefit of those constitutions , which were made by our ancestors for our safe and orderly living , our government is upon a right basis ; therefore we must enquire into the cause why our laws are not executed , & when you have found and taken away that cause , all is well . the cause can be no other than this , that the king is told , and does believe , that most of these great charters or rights of the people , of which we now chiefly treat , are against his majesties interest , though this be very false ( as has been said ) yet we will not dispute it at this time , but take it for granted , so that the king having the supreme execution of the laws in his hand , cannot be reasonably supposed to be willing to execute them whenever he can chuse whether he will do it or no ; it being natural for every man not to do any thing against his own interest when he can help it ; now when you have thought well what it should be that gives the king a liberty to chuse whether any part of the law shall be currant or no , you will find that it is the great power the king enjoys in the government ; when the parliament hath discovered this , they will no doubt demand of his majesty an abatement of his royal prerogative in those matters only which concern our enjoyment of our all , that is our lives , liberties and estates , and leave his royal power entire and untoucht in all the other branches of it ; when this is done , we shall be as if some great heroe had performed the adventure of dissolving the inchantment we have been under so many years . and all our statutes from the highest to the lowest , from magna charta to that for burying in woollen , will be current , and we shall neither fear the bringing in popery , nor arbitrary power in the intervals of parliament , neither will there be any dissentions in them ; all causes of factions between the country and court-party being entirely abolisht ; so that the people shall have no reason to distrust their prince , nor he them . doct. you make us a fine golden age ; but after all this , will you not be pleased to shew us a small prospect of this canaan , or country of rest ; will you not vouchsafe to particularize a little what powers there are in the king , which you would have discontinued ? would you have such prerogatives abolished , or placed elsewhere ? eng. gent. there can be no government if they be abolished . but i will not be like a man who refuses to sing amongst his friends at their entreaty , because he has an ill voice ; i will rather suffer my self to be laught at by you in delivering my small judgment in this matter , but still with this protestation , that i do believe that an infinity of men better qualifi'd than my self for such sublime matters , and much more the house of commons , who represent the wisdom as well as the power of this kingdom , may find out a far better way , than my poor parts and capacity can suggest . the powers then which now being in the crown do hinder the execution of our laws , and prevent by consequence our happiness and settlement , are four ; the absolute power of making war and peace , treaties and alliances with all nations in the world , by which means , by ignorant councellours , or wicked ministers , many of our former kings have made confederations and wars , very contrary , and destructive to the interest of england , and by the unfortunate management of them , have often put the kingdom in great hazard of invasion : besides that , as long as there is a distinction made between the court-party and that of the country , there will ever be a jealousie in the people , that those wicked councellours ( who may think they can be safe no other way ) will make alliances with powerful princes , in which there may be a secret article by which those princes shall stipulate to assist them with forces upon a short warning to curb the parliament , and possibly to change the government . and this apprehension in the people will be the less unreasonable , because oliver cromwel ( the great pattern of some of our courtiers ) is notoriously known to have inserted an article in his treaty with cardinal mazzarin , during this king of france's minority , that he should be assisted with ten thousand men from france upon occasion to preserve and defend him in his usurped government , against his majesty that now is , or the people of england , or in fine , his own army , whose revolt he often feared . the second great prerogative the king enjoys , is the sole disposal and ordering of the militia by sea and land , raising forces , garisoning and fortifying places , setting out ships of war , so far as he can do all this without putting taxations upon the people ; and this not only in the intervals of parliament , but even during their session ; so that they cannot raise the train-bands of the country or city to guard themselves , or secure the peace of the kingdom . the third point is , that it is in his majesties power to nominate and appoint as he pleases , and for what time he thinks fit , all the officers of the kingdom that are of trust or profit , both civil , military , and ecclesiastical , ( as they will be called ) except where there is ius patronatus ; these two last powers may furnish a prince who will hearken to ill designing councellours , with the means either of invading the government by force , or by his judges and other creatures undermining it by fraud ; especially by enjoying the fourth advantage , which is the laying out and imploying , as he pleases , all the publick revenues of the crown or kingdom , and that without having any regard ( except he thinks fit ) to the necessity of the navy , or any other thing that concerns the safety of the publick . so that all these four great powers , as things now stand , may be adoperated at any time , as well to destroy and ruine the good order and government of the state , as to preserve and support it , as they ought to do . nob. ven. but if you divest the king of these powers , will you have the parliament sit always to govern these matters ? eng. gent. sir , i would not divest the king of them , much less would i have the parliament assume them , or perpetuate their sitting : they are a body more fitted to make laws , and punish the breakers of them , than to execute them . i would have them therefore petition his majesty by way of bill , that he will please to exercise these four great magnalia of government , with the consent of four several councils to be appointed for that end , and not otherwise ; that is , with the consent of the major part of them , if any of them dissent . in all which councils his majesty , or who he pleases to appoint , shall preside ; the councils to be named in parliament ; first all the number , and every year afterwards a third part : so each year a third part shall go out , and a recruit of an equal number come in : and in three years they shall be all new , and no person to come into that council , or any other of the four , till he have kept out of any of them full three years , being as long as he was in . and this i learnt from your quarantia's at venice : and the use is excellent ; for being in such a circulation , and sure to have their intervals of power , they will neither grow so insolent as to brave their king , nor will the prince have any occasion to corrupt them , although he had the means to do it , which in this new model he cannot have . these men in their several councils should have no other instructions , but to dispose of all things , and act in their several charges , for the interest and glory of england ; and shall be answerable to parliament , from time to time , for any malicious or advised misdemeanor : only that council which manages the publick revenue , shall ( besides a very copious and honourable revenue which shall be left to his majesty's disposal for his own entertainment , as belongs to the splendor and majesty of the government ) have instructions to serve his majesty ( if he pleases to command them , and not otherwise ) in the regulating and ordering his oeconomy and houshold ; and if they shall see it necessary , for extraordinary occasions of treating foreign princes and ambassadors , or presenting them , and the like ostentation of greatness ; to consent with his majesty moderately to charge the revenue to that end . i verily believe that this expedient is much more effectual than either the iustitia of aragon was , or the ephores of sparta : who being to check the king almost in every thing , without having any share in his councils , or understanding them , could not chuse but make a sullen posture of affairs ; whereas these both seem , and really are the king's ministers , only obliged by parliament to act faithfully and honestly ; to which , even without that , all other councellors are bound by oath . as for the other council , now called the privy council , the king may still please to continue to nominate them at his pleasure , so they act nothing in any of the matters properly within the jurisdiction of these four councils , but meddle with the affairs of merchants , plantations , charters , and other matters , to which the regal power extendeth . and provided that his majesty call none of the persons employed in these other four councils during their being so , nor that this council do any way intermeddle with any affairs , criminal or civil , which are to be decided by law , and do belong to the jurisdictions of other courts or magistrates , they being no established judicatory , or congregation , which either our government or laws do take notice of ( as was said before ) but persons congregated by the king , as his friends and faithful subjects , to give him their opinion in the execution of his regal office. as for example , the king does exercise , at this time , a negative voice as to bills presented to him by the parliament , which he claims by right ; no man ever said that the privy council had a negative voice ; yet former kings did not only as their advice as to the passing or not passing of such bills , but often decided the matter by their votes ; which , although it be a high presumption in them , when they venture to give him council contrary to what is given him by his greatest council , yet never any of them have been questioned for it ; being looked upon as private men , who speak according to the best of their cunning , and such as have no publick capacity at all . but if this be not so , and that this council have some foundation in law , and some publick capacity , i wish in this new settlement it may be made otherwise , and that his majesty please to take their counsel in private ; but summon no persons to appear before them ; much less give them authority to send for in custody , or imprison any subject , which may as well be done by the judges and magistrates ; who , if secrecy be required , may as well be sworn to secrecy as these gentlemen ; and i believe can keep counsel as well , and give it too . nob. ven. but would you have none to manage state-affairs , none imprisoned for secret conspiracies , and kept till they can be fully discovered ? you have made an act here lately about imprisonments , that every person shall have his habeas corpus , i think you call it : so that no man , for what occasion soever , can lie in prison above a night , but the cause must be revealed , though there be great cause for the concealing it . eng. gent. this act you mention , and a great many more which we have to the same purpose , that is , against illegal imprisonments , shews that for a long time the power over men's persons has been exercised ( under his majesty ) by such as were very likely , rather to employ it ill than well ; ( that is ) would rather imprison ten men for honourable actions ; such as standing for the people's rights in parliament , refusing to pay illegal taxes , and the like ; than one for projecting and inventing illegal monopolies , or any other kind of oppressing the people . this made first magna charta , then the petition of right , and divers other acts besides this last , take that power quite away , and make the law and the judges the only disposers of the liberties of our persons . and it may be , when the parliament shall see the fruit of this alteration we are now discoursing of , and that state-affairs are in better hands , they may think fit to provide that a return , or warrant of imprisonment from one of these four councils ( which i suppose will have a power of commitment given them , as to persons appearing delinquents before them ) wherein it shall be expressed , that if the publick is like to suffer or be defrauded , if the matter be immediately divulged ; i say in this case , the parliament may please to make it lawful for the judge to delay the bailing of him for some small time , because it is not to be judged , that these councellours so chosen , and so instructed , and to continue so small a time , will use this power ill ; especially being accountable for any abusing of it to the next parliament . and i suppose the parliament , amongst other provisions in this behalf , will require that there shall be a register kept of all the votes of these several councils , with the names as well of those who consented , as of such who dissented : and as to the former part of your question , whether i would have none to manage state affairs ; i think there are very few state affair that do not concern either peace and war , and treaties abroad , the management of the arms , militia , and posse comitatus at home ; the management of all the publick moneys , and the election of all officers whatsoever ; the other parts , of state affairs , which are making and repealing of laws , punishing high crimes against the state , with levying and proportioning all manner of impositions upon the people , this is reserved to the parliament it self ; and the execution of all laws to the judges , and magistrates ; and i can think of no other affairs of state than these . doct. do you intend that the council for chusing officers shall elect them of the king's houshold , that is , his menial servants ? eng. gent. no , that were unreasonable , except any of them have any jurisdiction in the kingdom , or any place or preheminence in parliament annexed to such office ; but in these things which concern the powers and jurisdictions of these several councils ( wherein , la guardia della laberta , as machiavil calls it , is now to be placed ) i shall not persume to say any thing , but assure your self , if ever it come to that , it will be very well digested in parliament , they being very good at contriving such matters , and making them practicable , as well as at performing all other matters that concern the interest and greatness of the kingdom . doct. i have thought that the ephores of sparta were an admirable magistracy , not only for the interest of the people , but likewise for the preservation of the authority of the kings , and of their lives too ; for plutarch observes that the cities of mesene and argos had the same government with lacedemon , and yet for want of erecting such an authority as was in the ephores , they were not only perpetually in broils amongst themselves , and for that reason ever beaten by their enemies , whereas the spartans were always victorious , but even their kings were the most miserable of men , being often call'd in question judicially , and so lost their lives , and many of them murdered by insurrections of the people : and at last in both these cities , the kings were driven out , their families extirpated , the territory new divided , and the government turn'd into a democracy . and i ever thought that this expedient you propose ( for i have heard you discourse of it often before now ) would prove a more safe , and a more noble reformation than the institution of the ephores was , and that a prince who is a lover of his country , who is gracious , wise and just , ( such a one as it has pleased god to send us at this time ) shall be ten times more absolute when this regulation is made , than ever he was or could be before ; and that whatsoever he proposes in any of these councils will be received as a law , nay , as an oracle : and on the other side , ill and weak princes shall have no possibility of corrupting men , or doing either themselves or their people any kind of harm or mischief : but have you done now ? eng. gent. no , sir , when this provision is made for the execution of the laws , ( which i think very effectual , not to say infallible ) although it is not to be doubted , but that there will be from time to time many excellent laws enacted ; yet two i would have passed immediately , the one concerning the whole regulation of the elections to parliament , which we need very much , and no doubt but it will be well done ; that part of it which is necessary to go hand in hand with our settlement , and which indeed must be part of it , is , that a parliament be elected every year at a certain day , and that without any writ or summons , the people meeting of course at the time appointed in the usual place ( as they do in parishes at the church-house to chuse officers ) and that the sheriffs be there ready to preside and to certifie the election . and that the parliament so chosen shall meet at the time appointed , and sit and adjuorn as their business is more or less urgent : but still setting yet a time for their coming together again ; but if there shall be a necessity ( by reason of invasion or some other cause ) for their assembling sooner , then the king to call the councellors of these four councels all together , and with the consent of the major part of them , intimate their meeting sooner ; but when the day day comes for the annual meeting of another parliament , they must be understood to be dissolved in law , without any other ceremony , and the new one to take their place . doct. i would have this considered too , and provided for , that no election should be made of any person who had not the majority of the electors present to vote for him ; so the writ orders it , and so reason dictates ; for else , how can he be said to represent the county , if not a fifth part have consented to his choice , as happens sometimes , and may do oftener ? for where seven or eight stand for one vacant place , as i have know in our last long parliament , where the votes being set in columns , he who has had most votes , has not exceeded four hundred of above two thousand who were present . noble ven. this is a strange way ; i thought you had put every man by himself , as we do in our government , and as i understood they do in the house of commons , when there is any nomination , and then , if he has not the major part , he is rejected . eng. gent. this is very material , and indeed essential ; but i make no doubt , but if this project should come in play in parliament , this and all other particulars ( which would be both needless and tedious to discourse of here ) will be well and effectually provided for . the next act i would have passed , should be concerning the house of peers , that as i take it for granted , that there will be a clause in the bill concerning elections , that no new boroughs shall be enabled to send members to parliament , except they shall be capacitated thereunto by an act ; so it being of the same necessity as to the liberty of parliament , that the peers ( who do and must enjoy both a negative and deliberative voice in all parliamentary transactions , except what concern levying of money originally ) be exempted from depending absolutely upon the prince , and that therefore it be declared by act , for the future , that no peer shall be made but by act of parliament , and then that it be hereditary in his male line . noble ven. i am not yet fully satisfied how you can order your matters concerning this house of peers , nor do i see how the contests between the house of commons and them , can be so laid asleep but that they will arise again : besides the house of commons must necessarily be extreamly concerned to find the house of peers , which consists of private persons , though very great and honourable ones , in an instant dash all that they have been so long hammering for the good of all the people of england whom they represent ; were it not better now , you are upon so great alterations , to make an annual elective senate , or at least one wherein the members should be but for life , and not hereditary . eng. gent. by no means , sir , the less change the better , and in this case the metaphysical maxime is more true than in any , viz. entia non sunt multiplicanda sine necessitate ; for great alterations fright men , and puzzle them , and there is no need of it at all in this case . i have told you before , that there is a necessity of a senate , and how short this government would be without it , and how confused in the mean time ; the roman senate was hereditary amongst the patricii , except the censor left any of them out of the roll during his magistracy , for some very great and scandalous offence ; and in that case too there was an appeal to the people , as in all other causes , witness the case of lucius quintius and many others . to shew that there can be no need of such a change here as you speak of , you may please to consider , that all differences between the several parts of any government , come upon the account of interest ; now when this settlement is made , the house of peers , and the house of commons , can have no interest to dissent ; for as to all things of private interest , that is , the rights of peers , both during the sitting of parliaments , and in the intervals , is left to their own house to judge of , as it is to the house of commons to judge of their own priviledges ; and as for the contest of the peers jurisdiction as to appeals from courts of equity ; besides that i would have that setled in the act which should pass concerning the lords house ; i believe it will never happen more , when the government is upon a right foundation ; it having been hitherto fomented by two different parties , the court-party sometimes blowing up that difference to break the session , lest some good bills for the people should pass , or that the king by rejecting them , might discontent his people ; to avoid which dilemma , there needed no more , but to procure some person to prosecute his appeal before the lords ; some honest patriots afterwards possibly might use the same policy which they learnt from the courtiers , to quash some bill very destructive , in which they were out-voted in the commons house ; otherwise it is so far from the interest of the commons to hinder appeals from courts of equity , that there is none amongst them , but know we are almost destroyed for want of it : and when they have considered well , and that some such reformation as this shall take place ; they will find that it can never be placed in a more honourable and unbyas'd judicatory than this ; and i could wish that even in the intermission of parliamentary sessions , the whole peerage of england , as many of them as can conveniently be in town , may sit in their judicial capacities , and hear appeals in equity , as well as judge upon writs of errour . now as to your other objection ( which is indeed of great weight ) that the house of commons must needs take it ill , that the lords should frustrate their endeavours for the peoples good by their negative ; if you consider one thing , the force of this objection will vanish ; which is , that when this new constitution shall be admitted , the lords cannot have any interest or temptation to differ with the commons , in any thing wherein the publick good is concerned , but are obliged by all the ties in the world , to run the same course and fortune with the commons , their interest being exactly the same ; so that if there be any dissenting upon bills between the two houses , when each of them shall think their own expedient conduces most to the advantage of the publick ; this difference will ever be decided by right reason at conferences ; and the lords may as well convince the commons , as be convinced by them ; and these contests are and ever will be of admirable use and benefit to the commonwealth ; the reason why it is otherwise now , and that the house of peers is made use of to hinder many bills from passing , that are supposed to be for the ease of the people , is , that the great counsellors and officers which sit in that house , do suggest ( whether true or false ) that it is against his majesties will and interest that such an act should pass , whereupon it has found obstruction ; but hereafter if our expedient take place it cannot be so , first , because our king himself cannot have any designs going ( as was proved before ) which shall make it his advantage to hinder any good intended his people , whose prosperity then will be his own . and then because in a short time , the peers being made by act of parliament , will consist of the best men of england both for parts and estates , and those who are already made , if any of them have small estates , the king if he had the interest , would not have the means to corrupt them , the publick moneys , and the great offices being to be dispensed in another manner than formerly ; so their lordships will have no motive in the world to steer their votes and councils , but their own honour and conscience , and the preservation and prosperity of their country . so that it would be both needless and unjust to pretend any change of this kind . besides , this alteration in the administration of our government being proposed to be done by the unanimous consent of king , lords , and commons , and not otherwise , it would be very preposterous to believe , that the peers would depose themselves of their hereditary rights , and betake themselves to the hopes of being elected ; it is true , they have lost the power they had over the commons , but that has not been taken from them by any law , no more than it was given them by any ; but is fallen by the course of nature , as has been shewn at large ; but though they cannot lead the commons by their tenures , as formerly , yet there is no reason or colour that they should lose their co-ordination , which i am sure they have by law , and by the fundamental constitution of the government ; and which is so far from being prejudicial to a lasting settlement ( as was said ) that it infinitely contributes to it , and prevents the confusion which would destroy it . if i should have proposed any thing in this discourse which should have intrenched upon the king 's hereditary right , or that should have hindred the majesty and greatness of these kingdoms from being represented by his royal person , i should have made your story of the capuchine fryar very applicable to me . noble ven. i see you have not forgiven me that novel yet ; but pray give me leave to ask you one question : why do you make the election of great officers , to be by a small secret council , that had been more proper for a numerous assembly ; as it is in most commonwealths ? eng. gent. it is so in democracies , and was so in sparta , and is done by your great council in venice ; but we are not making such a kind of government , but rectifying an ancient monarchy , and giving the prince some help in the administration of that great branch of his regality ; besides , it is sufficient , that our parliament chuses these councils , ( that is always understood the lords and commons , with the kings consent ) besides , it is possible , that if such a regulation as this come in debate amongst them , the parliament will reserve to it self the approbation of the great officers , as chancellor , judges , general officers of an army , and the like ; and that such shall not have a settlement in those charges , till they are accordingly allowed of ; but may in the mean time exercise them . as to particulars , i shall always refer you to what the parliament will judge fit to order in the case ; but if you have any thing to object , or to shew in general , that some such regulation as this cannot be effectual towards the putting our distracted country into better order ; i shall think my self oblig'd to answer you , if you can have patience to hear me , and are not weary already ; as you may very well be . noble ven. i shall certainly never be weary of such discourse ; however i shall give you no further trouble in this matter ; for i am very fully satisfied , that such reformation , if it could be compassed , would not only unite all parties , but make you very flourishing at home , and very great abroad : but have you any hopes that such a thing will ever come into debate ? what do the parliament-men say to it ? eng. gent. i never had any discourse to this purpose , either with any lord , or member of the commons house , otherwise than as possibly some of these notions might fall in at ordinary conversation : for i do not intend to intrench upon the office of god , to teach our senatours wisdom . i have known some men so full of their own notions , that they went up and down sputtering them in every mans face they met ; some went to great men during our late troubles ; nay , to the king himself , to offer their expedients from revelation . two men i was acquainted with , of which one had an invention to reconcile differences in religion ; the other had a project for a bank of lands to lye as a security for summs of money lent ; both these were persons of great parts and fancy ; but yet so troublesome at all times , and in all companies , that i have often been forced to repeat an excellent proverb of your country : god deliver me from a man that has but one business ; and i assure you there is no mans reputation that i envy less , than i do that of such persons ; and therefore you may please to believe that i have not imitated them in scattering these notions , nor can i prophesie whether any such apprehensions as these will ever come into the heads of those men who are our true physitians . but yet to answer your question , and give you my conjecture ; i believe that we are not ripe yet for any great reform ; not only because we are a very debauch'd people ; i do not only mean that we are given to whoring , drinking , gaming and idleness ; but chiefly that we have a politique debauch , which is a neglect of all things that concern the publick welfare , and a setting up our own private interest against it ; i say , this is not all , for then the polity of no country could be redrest : for every commonwealth that is out of order , has ever all these debauches we speak of , as consequences of their loose state. but there are two other considerations which induce me to fear that our cure is not yet near . the first is , because most of the wise and grave men of this kingdom are very silent , and will not open their budget upon any terms : and although they dislike the present condition we are in as much as any men , and see the precipice it leads us to , yet will never open their mouths to prescribe a cure ; but being asked what they would advise , give a shrug like your country-men . there was a very considerable gentleman as most in england , both for birth , parts , and estate , who being a member of the parliament that was called , . continued all the war with them ; and by his wisdom and eloquence ( which were both very great ) promoted very much their affairs . when the factions began between the presbyters and independents , he joyned cordially with the latter , so far as to give his affirmative to the vote of no addresses ; that is , to an order made in the house of commons , to send no more messages to the king , nor to receive any from him . afterwards , when an assault was made upon the house by the army , and divers of the members taken violently away , and secluded ; he disliking it ( though he were none of them ) voluntarily absented himself , and continued retired ; being exceedingly averse to a democratical government , which was then declared for , till cromwell's usurpation ; and being infinitely courted by him , absolutely refused to accept of any employment under him , or to give him the least counsel . when cromwell was dead , and a parliament called by his son , or rather by the army , the chief officers of which did , from the beginning , whisper into the ears of the leading members , that if they could make an honest government , they should be stood by ( as the word then was ) by the army . this gentleman , at that time , neither would be elected into that parliament , nor give the least advice to any other person that was ; but kept himself still upon the reserve . insomuch that it was generally believed , that although he had ever been opposite to the late king 's coming to the government again , though upon propositions ; yet he might hanker after the restoration of his majesty that now is . but that apprehension appeared groundless when it came to the pinch : for being consulted as an oracle by the then general monk , whether he should restore the monarchy again or no , would make no answer , nor give him the least advice ; and , de facto , hath ever since kept himself from publick business ; although , upon the banishment of my lord of clarendon , he was visited by one of the greatest persons in england , and one in as much esteem with his majesty as any whatsoever , and desired to accept of some great employment near the king ; which he absolutely refusing , the same person , not a stranger to him , but well known by him , begged of him to give his advice how his majesty ( who desired nothing more than to unite all his people together , and repair the breaches which the civil war had caused , now my lord clarendon was gone , who by his counsels kept those wounds open ) might perform that honourable and gracious work : but still this gentleman made his excuses . and , in short , neither then , nor at any time before or after ( excepting when he sate in the long parliament of the year . ) neither during the distracted times , nor since his majesty's return , when they seemed more reposed , would ever be brought , either by any private intimate friend , or by any person in publick employment , to give the least judgment of our affairs , or the least counsel to mend them , though he was not shye of declaring his dislike of matters as they went. and yet this gentleman was not only by repute , and esteem a wise man , but was really so , as it appeared by his management of business , and drawing declarations , when he was contented to act ; as also by his exceeding prudent managing of his own fortune , which was very great , and his honourable living and providing for his family ; his daughters having been all marryed to the best men in england ; and his eldest son to the most accomplisht lady in the world. i dare assure you , there are above an hundred such men in england , though not altogether of that eminency . noble ven. methinks these persons are altogether as bad an extreme as the loquacious men you spoke of hefore . i remember when i went to school , our master , amongst other common-places in the commendation of silence , would tell us of a latine saying , that a fool whilst he held his peace did not differ from a wise man ; but truly i think we may as truly say , that a wise man whilst he is silent does not differ from a fool ; for how great soever his wisdom is , it can neither get him credit , nor otherwise advantage himself , his friend , nor his country . but let me not divert you from your other point . eng. gent. the next reason i have to make me fear that such an expedient as we have been talking of , will not be proposed suddenly , is the great distrust the parliament has of men , which will make most members shy of venturing at such matters , which being very new , at the first motion are not perfectly understood , at least to such as have not been versed in authors who have written of the politicks ; and therefore the mover may be suspected of having been set on by the court-party to puzzle them , and so to divert , by offering new expedients , some smart mettlesome debates they may be upon concerning the succession to the crown , or other high matters : for it is the nature of all popular counsels ( even the wisest that ever were , witness the people of rome and athens , which machiavil so much extols ) in turbulent times , to like discourses that heighten their passions , and blow up their indignation , better than them that endeavour to rectifie their judgments , and tend to provide for their safety . and the truth is , our parliament is very much to be excused , or rather justified in this distrust they have of persons , since there hath been of late so many and so successful attempts used by the late great ministers , to debauch the most eminent members of the commons-house , by pensions and offices ; and therefore it would wonderfully conduce to the good of the common-wealth , and to the composing our disordered state , if there were men of so high and unquestionable a reputation , that they were above all suspicion and distrust , and so might venture upon bold , that is ( in this case ) moderate counsels , for the saving of their country . such men there were in the parliament of . at least twenty or thirty , who having stood their ground in seven parliaments before , which in the two last kings reigns had been dissolved abruptly and in wrath , and having resisted the fear of imprisonment and great fines for their love to england , as well , as the temptation of money and offices to betray it , both inferred by the wicked councellours of that age , tending both to the ruine of our just rights , and the detriment of their masters affairs ; i say , having constantly , and with great magnanimity and honour made proof of their integrity , they had acquired so great a reputation , that not only the parliament , but even almost the whole people stuck to them , and were swayed by them in actions of a much higher nature than any are now discoursed of , without fear of being deserted , or as we say , left in the lurch , as the people of france often are by their grandees , when they raise little civil wars to get great places , which as soon as they are offered , they lay down arms , and leave their followers to be hang'd ; but although these two reasons of the silence of some wise men , and the want of reputation in others , does give us but a sad prospect of our land of promise , yet we have one consideration , which does incourage us to hope better things ere long . and that is the infallible certainty that we cannot long continue as we are , and that we can never meliorate , but by some such principles , as we have been here all this while discoursing of , and that without such helps and succours as may be drawn from thence , we must go from one distraction to another , till we come into a civil war , and in the close of it be certainly a prey to the king of france , who ( on which side it matters not ) will be a gamester , and sweep stakes at last ; the world not being now equally ballanced between two princes alike powerful , as it was during our last civil war ; and if as well this danger , as the only means to prevent it , be understood in time , ( as no doubt it will ) we shall be the happiest and the greatest nation in the world in a little time ; and in the mean time , enjoy the best and most just easie government of any people upon earth . if you ask me whether i could have offer'd any thing that i thought better than this , i will answer you as solon did a philosopher , who askt him whether he could not have made a better government for athens ? yes , but that his was the best , that the people would or could receive . and now i believe you will bear me witness , that i have not treated you as a wise man would have done in silence ; but it is time to put an end to this tittle-tattle which has nauseated you for three days together . noble ven. i hope you think better of our judgments than so ; but i believe you may very well be weary . doct. i am sure the parish priests are often thanked for their pains , when they have neither taken half so much as you have , nor profited their auditory the hundredth part so much . eng. gent. the answer to thank you for your pains , is always , thank you , sir , for your patience ; and so i do very humbly both of you . noble ven. pray , sir , when do you leave the town ? eng. gent. not till you leave the kingdom . i intend to see you , if please god , aboard the yacht at gravesend . noble ven. i should be ashamed to put you to that trouble . eng. gent. i should be much more troubled if i should not do it ; in the mean time i take my leave of you for this time , and hope to wait on you again to morrow . what , doctor , you stay to consult about the convalescence ? adieu to you both . doct. farewell , sir. nullum numen abest si sit prudentia . finis . an ordinance of the lords and commons assembled in parliament for advancing by way of loane, the summe of fourty thousand pounds, for payment of sir thomas fairfax armie. england and wales. parliament. this text is an enriched version of the tcp digital transcription b of text r in the english short title catalog (wing e ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo b wing e estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. b ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) an ordinance of the lords and commons assembled in parliament for advancing by way of loane, the summe of fourty thousand pounds, for payment of sir thomas fairfax armie. england and wales. parliament. [ ], , [ ] p. printed by t.w. for edw. husband ..., [london] : . "ordered by the commons in parliament, that this ordinance be forthwith printed and published. hen. elsynge cler. parl. d.com." place of publication from by wing ( nd ed.). bound and filmed as th item with : - : . reproduction of original in: trinty college (dublin, ireland) library. eng england and wales. -- army -- appropriations and expenditures -- early works to . finance, public -- law and legislation -- great britain -- early works to . great britain -- history -- civil war, - -- finance -- early works to . great britain -- politics and government -- - -- early works to . b r (wing e ). civilwar no an ordinance of the lords and commons assembled in parliament· for advancing by way of loane, the summe of fourty thousand pounds, for payme england and wales. parliament b the rate of defects per , words puts this text in the b category of texts with fewer than defects per , words. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - olivia bottum sampled and proofread - olivia bottum text and markup reviewed and edited - pfs batch review (qc) and xml conversion an ordinance of the lords and commons assembled in parliament for advancing by way of loane , the summe of fourty thousand pounds , for payment of sir thomas fairfax armie . october the . . ordered by the commons in parliament , that this ordinance be forthwith printed and published . hen. elsynge cler. parl. d. com. printed by t.w. for edw. h●sband , printer to the honourable house of commons . . an ordinance of the lords and commons assembled in parliament , for advancing by way of loane , the summe of fourty thousand pounds , &c. . october , . the lords and commons assembled in parliament , finding the many battells , sieges and other service performed by the army under the command of sir thomas fairfax , and the necessary recruiting and supplying thereof at so great a distance hath occasioned a farre greater expence , then was at first conceived , and also the great advantages , which through the blessing of god , the common-wealth hath received by the unwearied indeavours of the said army ; doe hold it necessary , that a considerable summe of money bee forthwith advanced for the supply of the said army , and defraying of the charges incident thereunto , have ordained , and doe hereby ordaine by authority of parliament , that the summe of forty thousand pounds shall be forthwith advanced by way of loane for the intents and purposes aforesaid , by , and on such persons of abilitie as shall voluntarily , or by assessment lend the same on the security , and termes hereafter expressed . and in regard many persons of abilitie through disaffection or otherwise have been slow in the like services tending to the good and preservation of the publique , it is therefore by the said lords and commons ordained , for the more speedy and orderly raysing of the said summe of fourty thousand pounds . that the committee appointed by severall acts of common counsell for gathering of the arrears or any seven or more of them shall be a committee to register and take the subscriptions of all persons that shall voluntarily lend and advance moneys as aforesaid , and to assesse such person or persons as shall not according to their abilities , voluntarily and proportionably advance the same . and to assesse such part of the said summe ( as shall not bee voluntarily advanced ) on such persons of abilitie as they shall thinke fit , the same to be paid by the persons respectively , as shall so lend or pay the same unto sir john wvollaston , and the rest of the treasurers at warre , appointed by the ordinance of the of march last , at the place of receipts in guild-hall london . and be it ordained by authority aforesaid , that all and every person or persons , being assessed by vertue hereof , and neglecting or refusing to pay the said severall summes so assessed unto the said treasurers at warre within ten dayes after notice given , or left at his or their usuall place of aboad , or at the dwelling house or place of aboad of any partner or factor of the person or persons so assessed , inhabiting within , or neere the citie of london , shall be by vertue of a warrant from the committee of lords and commons appointed by the said ordinance of parliament of the of march last past , who ( or any five of them , one thereof being a peere upon consideration of every such assessment ) are hereby authorised to approve , increase , or moderate every such assessment , and thereupon to make and give warrants to such persons as shall be by the committee now appointed nominated for that purpose , compelled to pay the same by distresse of the goods and chattels of such person or persons so refusing or neglecting to pay the same , which goods so distreyned shall be sold by such persons as the said committee shall appoint for satisfaction of the said assessment , and the surplusage , if any be , the said assessment and charges satisfied , be returned to the party distreyned . and if any person shall neglect , or refuse to pay the sum assessed , untill a distresse be taken for the same then , that every person or persons so neglecting or refusing as aforesaid , shall pay such reasonable charge for every such distress , removall , or sale of his , her , or their goods as the said committee ( of lords and commons , or any five of them one thereof being a peere ) appointed by the ordinance of the of march . shall allow to be imployed for the better execution of this ordinance . and if no sufficient distress can be had , or taken of the goods of the persons that shall be assesed , by vertue of this present ordinance , then such person or persons shall be by vertue of a warrant from the committee of lords and commons as aforesaid who are hereby authorised to grant the same , be committed to safe custodie , there to remaine untill such person or persons shall satisfie the said summe assessed upon them by vertue hereof , which money so brought into the treasurers at warre shall be issued forth by warrant from the said committee of lords and commons appointed by ordinance of the of march aforesaid , excepting what shall be by order of the committee appointed by this present ordinance deducted for payment of persons imployed in the execution of this ordinance not exceeding three pence in the pound . and for the better incouragement and securing of such persons as shall advance the said summe or any part thereof , the lords and commons doe hereby ordaine that such person or persons as shall pay or lend any money upon or by vertue of this ordinance , and pay the same to the treasurers at warre aforesaid , shall be repaid the severall summes which shall be by them advanced . out of the receipt of the excize and new impost , with interest after the rate of eight pound per centum , per annum for so long time as they shall forbeare the same . and the commissioners of excize and new impost for the time being , are hereby authorized and required to pay unto the severall lenders , their executors and assignes , at the end of sixe months , the interest for so much money as shall be advanced by vertue hereof , and the principall and remainder of the interest thereof after the rate aforesaid , in due course , order and ranke as the same stands charged upon the said excise and impost , unto the persons that doe advance the same . and the rcceipt of the said treasurers at warre or any two of them , one being an alderman , the other a commoner , shal interest and intitle every person or persons to whom it shall be given , his or their executors , administrators or assignes , into the security and benefit of this present ordinance with interest aforesaid . and it is further ordained that no ordinance nor assignement , not past in the said receipt of the excise before an ordinance of the second of september last , for the payment of fifty thousand pounds in course , for the service of the army under the command of sir thomas fairfax , shall preceede this ordinance ; but that it shall be paid in its course from that time accordingly and the aforementioned receipts of the treasurers at warre , together with the acquittance of the persons advancing the same , shall be a sufficient warrant and discharge to the commissioners of excise and every of them , for payment of the said summes to the severall persons as aforesaid . and it is further ordained that all majors , sheriffs , constables and headboroughs and all officers of the trayned bands and auxiliaries within the said limits , shall be ayding to the said respective committees , and such as they shall imploy in the execution of this present ordinance . and the said respective committees shall have power to impose upon such officers or persons so neglecting their duties therein , such fine or fines as to them shall seeme meet , not exceeding forty shillings for any one offence , and to cause the same to be leavied by distresse and sale of the goods as aforesaid . and it is further ordained that all persons acting in pursuance of this ordinance shall be saved harmeles by authority of parliament . and that no priviledged places shall be exempted from the said assessment . provided that such persons as shall make it appeare to the said committee of arreares by their protestation or oath that he or they are not worth one thousand pounds , shall not be assessed by this ordinance . provided alwayes that this ordinance or any clause therein conteyned shall not extend to any of the peers of this realm , or to the members of the house of commons , or assistant , attendant or officer of the house of peers , or officer of the house of commons . h. elsynge , cler. parl. dom. com. die martis . september , , it is this day ordained by the lords and commons assembled in parliament ; that fifty thousand pounds shall bee paid in course for the service of the army under the command of sir thomas fairefax , out of the receipts of the excise , by ordinance of the eleventh of september , , unto the treasurers at warre ; and the receipt of any foure of them together with this ordinance shall bee a sufficient discharge unto the commissioners of excize and every of them , for payment of the said fifty thousand pounds , and interest for the same after the rate of eight pounds per cent. for so long time as the same shall be unpaid , before it become due as aforesaid . h. elsynge , cler. parl. d. com. finis his majesties most gracious speech to both houses of parliament, on thursday the of december. william iii, king of england, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). b wing w a estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. b ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) his majesties most gracious speech to both houses of parliament, on thursday the of december. william iii, king of england, - . england and wales. parliament. england and wales. sovereign ( - : william and mary) sheet ([ ] p.) re-printed by the heir of andrew anderson, printer to their most excellent majesties, anno dom. . edinburgh : caption title. initial letter. imperfect: tightly bound with slight loss of text. reproduction of the original in the national library of scotland. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng grand alliance, war of the, - -- finance -- early works to . great britain -- politics and government -- - -- early works to . broadsides -- scotland -- th century. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - elspeth healey sampled and proofread - spi global rekeyed and resubmitted - john pas sampled and proofread - john pas text and markup reviewed and edited - pfs batch review (qc) and xml conversion his majesties most gracious speech to both houses of parliament on thursday the of december , my lords and gentlemen , i must not lose this occasion of returning you my hearty thanks , for the great ●roofs you continue to give me of your zeal and resolution to support and assist me , in the vigorous prosecution of the war against france next year ; and i assure you it shall be my greatest care that the assistances you give me may be so applied , as to render them most effectual for the ends you design them : but i must take notice to you at the same time , with some trouble , that the new year is already come , while our preparations●●r it are not only more backward ; but those of our enemies , as we have reason to think , in greater forwardness then they were the last year : i find my self therefore necessitated from this consideration , most earnestly to recommend to you , gentlemen of the house of commons , the hastning of such further supplies as you design to enable me with , for the prosecution of the war. my lords and gentlemen , the season being so far advanced , this present sessions cannot admit of a much longer continuance ; and therefore i must recommend to you the dispatch of all such other bills also , as you shall judge necessary for ●he publick good. edinburgh , re-printed by the heir of andrew anderson , printer to their most excellent majesties , anno dom. . the speech of sir charles sidley in the house of commons sedley, charles, sir, ?- . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing s estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the speech of sir charles sidley in the house of commons sedley, charles, sir, ?- . sheet ([ ] p.) printed for l.c. ..., london : . created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng tax protests and appeals -- great britain. great britain -- politics and government -- - . broadsides -- england -- th century. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - chris scherer sampled and proofread - chris scherer text and markup reviewed and edited - pfs batch review (qc) and xml conversion the speech of sir charles sidley in the house of commons . we have provided for the navy , we have provided for the army , and now at the latter end of a sessions here is a new reckoning brought us , we must provide likewise for the civil list : truly , mr. speaker , it is a sad reflection that some men should wallow in wealth and places , whilst others pay away in taxes the fourth part of their yearly revenue for the support of the same government ; we are not upon equal terms for his majesties service , the courtiers and great officers charge as it were in armour , they feel not the taxes by reason of their places , while the country gentlemen are shot through and through with them . the king is pleased to lay his wants before us , and i am confident expects our advice upon it : we ought therefore to tell him what pensions are too great , what places may be extinguish'd during this time of war and publick calamities . his majesty is encompass'd with , and sees nothing but , plenty , great tables , coaches and six horses , and all things suitable ; and therefore cannot imagine the want and misery of the rest of his subjects : he 's a wise and virtuous prince , but he is but a young king , encompassed and hemm'd in among a company of crafty old courtiers , to say no more of them , with places , some of three thousand , some of six , and some of eleven thousand : i am told the commissioners of the treasury have three thousand pound a year a piece : certainly such pensions , whatever they may have been formerly , are much too great in the present want and calamities that reigns every where else , and it is a general scandal , that a government , so sick at heart as ours , should look so well in the face . we must save the king money where ever we can , for i am afraid our work is too big for our purses , if things be not mannaged wi●… thrift imaginable . when the people of england see that all is saved that can be saved , that there are no exorbitant pensions nor unnecessary sallaries , that all is applved to the use for which it was given , we shall give and they will cheerfully pay whatever his majesty can want to secure the protestant religion , to keep out the king of france , i , and king james too : whom , by the way , i have not heard named this session , wheter out of fear , respect or discretion i cannot tell . i conclude , mr. speaker , let us save the king what we can , and then let us proceed to give him what we are able . london , printed for l. c. near fleet-bridge . . by the king, a proclamation conteyning his maiesties royall pleasure concerning the proiect of dying and dressing of broad cloathes within the kingdome, before they be exported. england and wales. sovereign ( - : james i) approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a stc estc s ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) by the king, a proclamation conteyning his maiesties royall pleasure concerning the proiect of dying and dressing of broad cloathes within the kingdome, before they be exported. england and wales. sovereign ( - : james i) james i, king of england, - . sheet ([ ] p.) by robert barker ..., imprinted at london : . caption title. "giuen at our palace of westminster the fiue and twentieth day of may in the twelth yeere of our reign ..."--p. [ ]. imprint from colophon. reproduction of original in the henry e. huntington library and art gallery. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng textile industry -- england. proclamations -- great britain. great britain -- history -- james i, - . great britain -- politics and government -- - . - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion honi soit qvi mal y pense royal blazon or coat of arms ❧ by the king. ¶ a proclamation conteyning his maiesties royall pleasure , concerning the proiect of dying and dressing of broad cloathes within the kingdome , before they be exported . it was the worke of one of our noble progenitors king edward the third , to conuert the woolls of this kingdome formerly vented raw , into cloath , thereby to purchase vnto our louing subiects the profite , arising aswell vpon the manufacture , as vpon the materiall , and to set our owne people on worke for their better sustentation and comfort ; and it is likewise our desire , that it should be the worke of our times , to ordaine and prouide , that all broad cloathes may bee died and dressed within our kingdome before they bee exported ; whereby aswell the second gaine of manufacture , as the first , with all the incidents thereof , may come wholly to the benefit of our louing subiects , in whose riches and good estate wee shall alwayes thinke ourselues rich and happy . neither is the increase of profite vpon this great staple commoditie onely in our princely eye and cogitation ; but wee foresee likewise , that when our cloathes shal be transported and dispersed by our subiects immediatly into all the markets of the world , where they are worne and vsed , it must encrease exceedingly our nauigation and nauie , so that not onely wealth , but honour , strength and industrie will euidently follow vpon that which we propound to our selues ; that as the kings our progenitors , haue had the wisedome and iudgement to see and discerne the good that might come thereof ; so neuerthelesse , either through difficultie or misinformation , they haue not perfected , nor throughly pursued the worke intended , as may appeare by the good and politique lawes that haue bene enacted concerning the same on the one part , and the ancient and inueterate toleration and dispensation with the saide lawes , which haue bene from time to time put in vre on the other part : wee therefore being desirous to aduance and perfect so excellent a worke , haue resolued to leaue no meanes vnperformed , either by aduise of parliament or otherwise of our selues , which may conduce thereunto , by those safe degrees which in so great a worke are requisite ; wherein though we finde no small difficulties , as it vseth to come to passe in the best workes , specially in their beginnings , yet we doubt not but to ouercome the same without hazard or inconuenience vnto the present , for hope or desire of the future . and because opinion is sometime more harmefull then trueth , and that it may bee doubted by some , that there may ensue some stand of cloathes , whereby so many families of our louing subiects are maintained , or at least , some fall of prices , to the preiudice , both of the cloathier , and owner of woolles in the meane time , betweene the diuerting of the old course , and setling of the new : wee doe therefore publish vnto all our louing subiects , by these presents , that they shall not need to feare any such consequence , either in such stand of cloath , or abatement of prices , as may be to their preiudice . and therefore , they may 〈◊〉 on in the courses of their former trading , leauing it to our care and prouidence to int●●●uce this great and happy alteration to the better , without any interruption of trade , or pulling downe of price in the meane time . furthermore although we are setled in our resolution to effect this worke , yet would wee not haue it construed that wee haue any other opinion of the company of merchants aduenturers , which haue long managed the trade of cloathes vndressed , then as of those that haue wel deserued of our state ; neither of any our neighbours , who haue had correspondencie with them , and bought the cloath from them to serue the markets abroad , then as of men , that were affected vnto the good of their owne people , as it is naturall for men to be . neither are wee ignorant that the state of cloathing is at this time as flourishing and valuable as hath beene knowen ; but onely wee are willing to aduance the dowrie and stocke of our kingdome : and where wee see apparent meanes of doing our people further good , not to tie our selues to the simple and positiue degree of their welfare , but to proceed from good to better , and to make posteritie beholding to our times , for going through with that , whereof our auncestours haue onely sowen the seedes , and not hitherto reaped the fruits . giuen at our palace of westminster the fiue and twentieth day of may in the twelfth yeere of our reigne of great britaine , france , and ireland . god saue the king. ❧ imprinted at london by robert barker , printer to the kings most excellent maiestie . anno dom. . the second part of a seasonable legal and historical vindication, and chronological collection of the good old fundamental liberties, franchises, rights, lawes, government of all english freemen; their best inheritance and onely security against all arbitrary tyranny and Ægyptian taxes. wherein the extraordinary zeal, courage, care, vigilancy, civill, military and parliamentary consultations, contests, to preserve, establish, perpetuate them to posterity, against all tyrants, usurpers, enemies, invaders, both under the ancient pagan and christian britons, romans, saxons. the laws and parliamentall great councils of the britons, saxons. with some generall presidents, concerning the limited powers and prerogatives of our british and first saxon kings; ... are chronologically epitomized, ... by william prynne of swainswick, esquire. seasonable, legall, and historicall vindication and chronologicall collection of the good, old, fundamentall, liberties, franchises, rights, laws of all english freemen. part prynne, william, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing p thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) the second part of a seasonable legal and historical vindication, and chronological collection of the good old fundamental liberties, franchises, rights, lawes, government of all english freemen; their best inheritance and onely security against all arbitrary tyranny and Ægyptian taxes. wherein the extraordinary zeal, courage, care, vigilancy, civill, military and parliamentary consultations, contests, to preserve, establish, perpetuate them to posterity, against all tyrants, usurpers, enemies, invaders, both under the ancient pagan and christian britons, romans, saxons. the laws and parliamentall great councils of the britons, saxons. with some generall presidents, concerning the limited powers and prerogatives of our british and first saxon kings; ... are chronologically epitomized, ... by william prynne of swainswick, esquire. seasonable, legall, and historicall vindication and chronologicall collection of the good, old, fundamentall, liberties, franchises, rights, laws of all english freemen. part prynne, william, - . [ ], p. printed for the author, and are to be sold by edward thomas dwelling in green arbour, london, : . signatures: [a]² b-k⁴ ² b-² k⁴ l² . the first leaf is blank. "a legall and historicall vindication of the fundamentall, rights, and laws of england. chap. iii" begins pagination on ² b . annotation on thomason copy: "decemb: ". reproduction of the original in the british library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng great britain -- constitutional history -- early works to . great britain -- politics and government -- - -- early works to . - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion the second part of a seasonable legal and historical vindication , and chronological collection of the good old fundamental liberties , franchises , rights , lawes , government of all english freemen ; their best inheritance and onely security against all arbitrary tyranny and aegyptian taxes . wherein the extraordinary zeal , courage , care , vigilancy , civill , military and parliamentary consultations , contests , to preserve , establish , perpetuate them to posterity , against all tyrants , vsurpers , enemies , invaders , both under the ancient pagan and christian britons , romans , saxons . the laws and parliamentall great councils of the britons , saxons . with some generall presidents ▪ concerning the limited powers and prerogatives of our british and first saxon kings ; the fundamental rights , liberties , franchises , laws of their subjects , the severe punishments of their tyrannicall princes on the one side , and of unrighteous vsurpers , traytors , regicides , treason , perfidiousnesse and disloyalty on the other ( recorded in our historians ) are chronologically epitomized , and presented to publick view , for the benefit of the whole english nation . by william prynne of swainswick , esquire . prov. . . remove not the ancient land-markes , which thy fathers have set . sam. . . be of good courage , and let us play the men for our people , and for the cities of our god ; and the lord do that which seemeth him good . dan. . , . and he shall think to change times and laws , and they shall be given into his hand , until a time and times and the dividing of times . but the judgement shall sit , and they shall take away his dominion , to consume and to destroy it unto the end . london , printed for the author , and are to be sold by edward thomas dwelling in green arbour , . errata . in the epistle p. : l , . r. . p. . l. . r. secure , p. . l. . . r. s. p. . l , . r. kings , queenes , p. . l , . dele they . p. . l. . . r. . p. . l. . proceeding , p. . l. . oath of supremacy ; p. . l , . for this : p , . l , . r. . p. . l. . r. and our religion from , &c. p , : l , : constantius : l , : for , if : p , : l , : & p , : l , : twenty four , r. fourty two : margin . p. . l. . whether . in the book , p. . l. , . r. each single , p. . l. . dubricius , p. . l. . quod , p. . l. . christianismum , p. . l. . reservations , p. . l. . by r. of , p. l. . subditos , p , : l , : dat , r eat . p. . l. . r. schoole , p. . l. . dele a. margin . p. . l. . r. eventibus . to all truely christian free-men of england , patrons of religion , freedom , parliaments , who shall peruse this treatise . christian reader , it hath been one of the most detestable crimes , and highest impeachments against the antichristian a popes of rome , that under a saint-like religious pretext of advancing the church , cause , kingdom of jesus christ , they have for some hundred yeers by-past , usurped to themselves ( as sole monarchs of the world in the right of christ , whose vicars they pretend themselves to be ) both by doctrinal positions and treasonable practises , b an absolute , soveraign , tyrannical power over all christian emperours , kings , princes of the world ( who must derive and hold their crowns from them alone , upon their good behaviours at their pleasures ) not onely to excommunicate , censure , judge , depose , murder , destroy their sacred persons ; but likewise to dispose of their crowns , scepters , kingdom● and translate them to whom they please . in pursuance whereof , they have most traiterously , wickedly , seditiously , atheistically , presumed to absolve their subjects from all their sacred oaths , homages , natural allegiance , and due obedience to them , instigated , encouraged , yea , expresly enjoyned ( under pain of interdiction , excommunication , and other censures ) their own subjects , ( yea own sons sometimes ) both by their bulls and agents , to revolt from , rebel , war against , depose , dethrone , murder , stab , poyson , destroy them by open force , or secret conspiracies : and stirred up one christian king , realm , state , to invade , infest , destroy , usurp upon another ; onely to advance their own antichristian soveraignties , usurpations , ambition , rapines , worldly pompe and ends : as you may read at leisure in the statutes of h. . c. . h. . c. . h. . c. . eliz. c. . eliz. c. . eliz. c. . jacob. c. , , , . jacob. c. . the emperour frederick his epistles against pope gregory the . and innocent the . recorded in matthew paris , and * others , aventinus annalium boiorum , mr. tyndal's practice of popish prelates , the second homily upon whitsunday ; the homilies against disobedience , and wilful rebellion ; bishop jewels view of a seditious bull ; john bale in his lives of the roman pontiffs ; doctor thomas bilson in his true difference between christian subjection , and unchristian rebellion ; doctor john white his sermon at paul's cross , march . . and defence of the way , c. , . doctor crakenthorpe of the popes temporal monarchy ; bishop morton's protestants apology ; doctor beard 's theater of gods judgements , l. . c. , . doctor squire of antichrist ; john bodin his common-wealth , l. . c. . the learned morney lord du plessy , his mystery of iniquity , and history of the papacy . the grimston's imperial history . matthew paris ; holinshed , speed , cambden , and others , in the lives of henry the . queen elizabeth , and other of our kings , and hundreds of printed sermons on the of november . the principal instruments the popes imployed of late years , in these their unchristian treasonable designes , have been pragmatical , furious , active jesuites , whose society was first erected by ignatius loyola , ( a spaniard by birth , but a c souldier by profession ) and confirmed by pope paul the . anno , which order consisting onely of ten persons at first , and confined onely to sixty by this pope , hath so monstrously increased by the popes and spaniards favours and assistance ( whose chief janizaries , factors , intelligencers they are ) that in the year . d they caused the picture of ignatius their founder to be cut in brass , with a goodly olive tree growing ( like jesses root ) out of his side , spreading its branches into all kingdoms and provinces of the world , where the jesuites have any colledges and seminaries , with the name of the province at the foot of the branch , which hath as many leaves as they have colledges and residencies in that province ; in which leaves , are the names of the towns and villages where these colledges are situated : round about the tree are the pictures of all the illustrious persons of their order ; and in ignatius his right hand , there is a paper , wherein these words are ingraven , ego sicut oliva fructifera in domo dei ; taken out of ps . . . which pourtraictures they then printed and published to the world : wherein they set forth the number of their colledges and seminaries to be no less , then . ( increased to more , by the year . ) in all , . as they published in like pictures & pageants printed at antwerp , . in these colledges and seminaries of theirs , they had then ( as they print ) fellows of their society of jesus , besides the novices , scholars , and lay-brethren of their order , amounting to neer * ten times that number . so infinitely did this evil weed grow and spread it self , within one hundred years after its first planting . what the chief imployments of ignatius and his numerous swarms of disciples are in the world , his own society , at the time of his canonization for a romish saint , sufficiently discovered in their painted pageants , then shewed to the people , e wherein they pourtraied this new saint holding the whole world in his hand , and fire streaming out forth of his heart , ( rather to set the whole world on fire by combustions , wars , treasons , powder-plots , schismes , new state , and old church-heresies , then to enlighten it ) with this motto ; veni ignem mittere : i came to send fire into the world : which the university of cracow in poland objected ( amongst other articles ) against them , anno . their number being so infinite , and the f pope and spaniard too , having long since ( by g campanella's advice ) erected many colledges in rome , italy , spain , the netherlands , and elsewhere , for english , scotish , irish jesuites , ( as well as for such secular priests , friers , nuns ) of purpose to promote their designs against the protestant princes , realms , churches , parliaments of england , scotland , ireland , and to reduce them under their long prosecuted h universal monarchy over them , by fraud , policy , treason , intestine divisions , and wars , being unable to effect it by their own power ; no doubt of late yeers many hundreds , if not thousands , of this society , have crept into england , scotland and ireland , lurking under several disguises ; yea , an whole colledge of them sate weekly in counsel , in or neer westminster , some few yeers since , under conne the popes nuntio , of purpose to embroyle england and scotland in bloody civil wars , thereby to endanger , shake , subvert , these realms , and destroy the late king ( as you may read at large in my romes master-piece , published by the commons special order , an. . ) who occasioned , excited , fomented , the first and second intended , ( but happily prevented ) wars between england and scotland , and after that , the unhappy differences , wars , between the king , parliament , and our three protestant kingdoms , to bring them to utter desolation , and extirpate our reformed religion . the kings forces ( in which many of them were souldiers ) after some yeers wars being defeated , thereupon their father ignatius being a souldier , and they his military sons not a few of them i secretly insinuated themselves as souldiers , into the parliaments army and forces , ( as they had formerly done into k the kings ) where they so cunningly acted their parts , as extraordinary illuminated , gifted brethren , and grand states-men , that they soon leavened many of the officers , troopers and common souldiers , with their dangerous jesuitical , state-politicks , and l practises , put them upon sundry strange designes , to new-mould the old monarchical government , parliaments , church , ministers , laws of england ; erecting a new general councel of army-officers and agitators for that purpose ; acting more like a parliament then souldidiers . and at last instigated the army by open force ( against their commissions , duties , oaths , protestations , and solemne league and covenant ) to impeach , imprison , seclude , first eleven commoners ; then some six or seven lords ; after that , to seclude seclude the majority of the commons house , suppress the whole house of lords , destroy the king , parliament , government , priviledges , liberties of the kingdom and nation , for whose defence they were first raised , which by no other adverse power they could effect . this produced new bloody divisions , animosities , wars , in and between our three protestant realms , and nations ; and after with our protestant allies of the netherlands , with sundry heavy monthly taxes , excises , oppressions , sales of the churches , crownes , and of many nobles and gentlemens lands & estates , to their undoing , our whole nations impoverishing , and discontent , an infinite profuse expence of treasure , of protestant blood both by land & sea , decay of trade , with other sad effects in all our three kingdoms ; yea , sundry successive new changes of our publique government , made by the army-officers , ( who are still ringing the changes ) according to campanella's and parsons platforms . so that if fire may be certainly discerned by the smoke , or the tree commonly known by its fruit , as the truth it self resolves , mat●h . . . we may truly cry out to all our rulers , as the jews did once to the rulers of thessa●onica , in another case , act. . . those ( jesuites ) who have turned the world upside down , are come hither also , and have turned our kingdoms , kings , peers , monarchy , parliaments , government , laws , liberties , ( yea , and our church and religion too , in a great measure ) upside downe , even by those very persons , who were purposely raised , commissioned , waged , engaged by protestations , covenants , vows , oathes , laws , allegiance and duty , to protect them from these jesuitical innovations and subversions . those who will take the pains to peruse all or any of these several printed books ( most of them very well worth their reading ) written against the jesuites and their practises as well by papists as protestants , as namely , fides jesu & jesuitarum , printed . doctrinae jesuiticae praecipua capita , delph . . aphorismi doctrinae jesuiticae . . cambitonius , de studiis jesuitarum abstrusioribus . anno . jacobus thuanus passages of the jesuites . hist . l. , , , , , , , , , , , , , , , , , , , , . emanuel meteranus his passages of them . belgicae hist . l. , , , , , , , to . willielmus baudartius , continuation meterani , l. , , , . donatus wesagus , fides jesu & jesuitarum , . characteres jesuiticae , in several tomes . elias husenmullerus , historia jesuitici ordinis , anno . speculum sive theoria doctrinae jesuiticae , necnon praxis jesuitaram , . pasquier his jesuite displayed . petrus de wangen , physiognomia jesuitica , . christopherus pelargus , his novus jesuitismus . franciscus de verone , his jesuitismus sicarius , . narratio de proditione iesuitarum in magnae brit. regem , . consilium de jesuitis regno poloniae ejiciendis . the acts of the states of rhetia , anno , and . for banishing the jesuites wholly out of their territories , ne status politicus turbaretur , &c. mentioned by fortunatus sprecherus , palladis rheticae , l. . p. , . melchior valcius , his furiae gretzero , &c. remissae , . censura jesuitarum , articuli jesuitarum , cum commonefactione illis opposita , anti-jesuites , au roy , par . . variae doctorum theologorum theses adversus quaedam jesuitica dogmata . the remonstrance of the parliament of paris to henry the great against the re-establishment of the jesuites ; and their censure of mariana his book , to be publickly burnt , printed in french , . recited in the * general history of france , in lewis . his life , and peter matthew , l. . par . . historia franciae . variae facultatis theologiae & curiae parisiensis , quam aliorum opuscula , decreta & censurae contra jesuitas , paris . conradus deckerus de proprietatibus jesuitarum , . quaerelarum inclyti regni hungariae adversus corruptelas jesuiticas defensio . lucas osiander , his warning about the jesuites bloody plot , han. . jesuitarum per unitas belgii provincias negotiatio , anno . rodulphus hospinianus , historia jesuitica , . bogermannus his catechismus jesuiticus . ludovicus lucius , historia jesuitica , basil . . arcana imperii hispanici , . mercure jesuite , in several tomes , geneve . de conscientia jesuitarum , tractat . censura sacrae theologiae parisiensis , in librum qui inscribitur , antonii sanctarelli societatis jesu , de haeresi , schismate & apostatia , &c. paris , . anti-cotton ; ioannes henricius , deliberatio de compescendo perpetuo crudeli conatu jesuitarum , fran. . a proclamation of the states of the united provinces , anno . and another proclamation of theirs : with two more proclamations of the protestant states of the marquesate of moravia , for the banishing of the iesuites , london . alfonsi de vargas toletani , relatio ad reges & principes christianos , de stratagematis & sophismatis politicis societatis iesu , ad monarchiam orbis terrarum sibi conficiendam : in qua iesuitarum erga reges & populos optimè de se meritos infidelitas , ergaque ipsum pontificem perfidia , contumacia , & in fidei rebus novandi libido , illustribus documentis comprobatur , anno . iubilaeum , sive speculum iesuiticum , exhibens praecipua jesuitarum scelera , molitiones , innovationes , fraudes , imposturas , et mendacia , contra statum ecclesiasticum politicumque , in & extra europeum orbem ; primo hoc centenario , confirmati illius ordinis instituta et perpetrata , ex variis historiis , inprimis vero pontificiis collecta , anno . ( a piece worth perusing ) or else will but cast their eyes upon our own fore-cited statutes , and the * proclamations of queen elizabeth , king iames , and king charles against iesuites , and seminary-priests . a brief discovery of doctor allens sedicious drifts , london . charles paget ( a seminary priest ) his answer to dolman , concerning the succession of the english crown , . william watson ( a secular priest ) his dedacordon or quodlibets , printed . now very well worthy all protestants reading . a letter of a. c. to his dis-iesuited kinsman , concerning the jesuites , london . romish positions and practises for rebellion , london . the arraignment of traytors , london . iohn king bishop of london , his sermons on november . , . king iames his conjuratio sulphurea , apologia pro juramento fidelitatis : & responsio ad epistolam cardinalis peronii . an exact discovery of the chief mysteries of the iesuitical iniquity : and , the iesuites secret consultations ; both printed london . william crashaw his iesuites gospel , london . william feak of the doctrine and practice of the society of jesus , london . the many printed sermons of doctor john white , bishop lake , bishop andrews , doctor donne , doctor featly , doctor clerk , and others , preached on the fifth of november . lewis owen his running register , london . his unmasking of all popish monkes and jesuites , . and his jesuites looking-glass , london , . john gee , his foot out of the snare , &c. london , . with the jesuitical plots discovered in my romes master-piece ; and , hidden works of darkness brought to publick light , london . shall see the jesuites and their seminaries charged with , convinced of , and condemned for these ensuing seditious , treasonable , antimonarchical , anarchical positions and practises ; for which their society hath by publick acts and proclamations been several times banished out of hungaria , bohemia , moravia , poland , the low countries rhetia , france , transilvania , sweden , denmark , the palatinate , venice , aethiopia , japan and turkey , as well as out of england , scotland and ireland , as most insufferable pests and traytors ; in many of which they have yet gotten footing again . . that at least fifty several prime authors of that infernal society of jesus , in several printed books ( which you shall finde specified in doctor john whites defence of the way , c. . . aphorismi jesuitarum : jubilaeum , or , speculum jesuiticum , p. , . and the appendix to my fourth part of the soveraign power of parliaments , p. , . ) have dogmatically maintained ; that the pope hath absolute power , not onely to excommunicate , but judicially to suspend , mulct with temporal penalties , depose , dethrone , put to death , and destroy any christian emperours , kings , princes , potentates , by open sentence , war , force , secret conspiracies , or private assiassinations , and to give away their crownes and dominions to whoever will invade them , by treason or rebellion , at the popes command : and that in cases of heresie , schisme , disobedience to , rebellion against the pope , or see of rome , male-administration , refusal to defend the pope or church against her adversaries , insufficiency to govern , negligence , tyranny , excesses , abuses in government , incorrigibility , vitiousness of life , and m necessity of the publick good , or safety of the church , state , or cause of god ; as antonius sanctarellus the jesuite particularly defines , in his book de haeresibus , schismatibus , &c. printed in rome it self , anno . who affirms it to be , multum aequum & reipublicae expediens , ut sit aliquis supremus monarcha , qui regum hujusmodi excessus possit corrigere , & de ipsis justitiam ministrare : sicut petro concessa fuit faultas puniendi paena temporali , imo etiam , paena mortis , dictas personas ad aliorum correctionem & exemplum . ( whether the erection , title of , and proceedings against our beheaded king , in the late mis-named high court of justice , had not their original from hence ; and whether the army-officers derived not their very phrase , n of bringing the king to justice , with their pretended necessity of publick good and safety , for it , from these very jesuites , or their agents in the army ; let themselves , the whole kingdom , and all wisemen now consider . ) moreover , some of these fifty authors , ( as robert parsons the english iesuite in his philopater , sect. . and de officio principis christiani , chap. . affirm , that the whole school both of ( their ) divines & lawyers , make it a position certain and undoubtedly to be believed , that if any christian prince whatsoever , shall manifestly turn from the roman catholick religion , or desire , or seek to reclaim others from the same ; or but favour , or shew countenance to an heretick ( as they deem all protestants , and dissenters from the see of rome in any punctilio , such ) he presently falleth from , and loseth all princely power and dignity ; and that by vertue and power of the law it self , both divine and humane , even before any sentence pronounced against him by the supream pastor and judge , that thereby his subjects are absolved from all oathes and bonds of allegiance to him as to their lawful prince . nay , that they both may and ought ( * provided they have competent power and force ) to cast out such a prince from bearing rule amongst christians , as an apostate , an heretick , a back-slider , a revolter from our lord iesus christ , and an enemy to his own estate and common-wealth ; lest perhaps he might infect others , or by his example or command , turn them from the faith . and that the kingdom of such an heretick or prince , is to be bestowed at the pleasure of the pope , with whom the people upon pain of damnation , are to take part , and fight against their soveraign . out of which detestable , treasonable conclusions , most treasons and rebellions of late times have risen in the christian world ; and the first smoke of the gunpowder treason too , as iohn speed observes in his history of great britaine , p. . . that the iesuites have frequently put these treasonable seditious , antimonarchical , jesuitical , damnable doctrines into practice , as well against some popish , as against protestant king , queen , princes , states : which they manifest , . by o their poysoning ione queen of navarre , with a pair of deadly perfumed gloves , onely for favouring the protestants in france , anno . . by their suborning and animating p iames clement , a dominical frier , to stab king henry the of france in the belly with a poysoned knife , whereof he presently died , anno . for which they promised this traytor , a saintship in heaven . . by q cammoles the jesuites publick justification of this clement , in a sermon at paris anno . wherein he not onely extolled him above all the saints , for his treason against , and murder of henry the . but broke out likewise into this further exclamation to the people : we ought to have some ehud , whether it be a monke , or a souldier , or a varlet , or at least a c●w-herd . for it is necessary , that at least we should have some ehud . this one thing onely yet remains behinde : for then we shall compose all our affairs very well , and at last bring them to a desired end . whereupon by the jesuites instigation , the same year . one peter bariere , undertook the assasination of king r henry the of france , which being prevented , and he executed , thereupon they suborned and enjoyned one of their own jesuitical disciples , john castle , a youth of yeers old , to destroy this king : who on the of december . intending to stab him to the heart , missing his aim , wounded him onely in the cheek , and stroke out one of his teeth ; for which treasonable act , he was justified , applauded , as a renowned saint and martyr , by the jesuites , in a printed book or two , published in commendation of this his undertaking . yea , alexander hay , a jesuite privy to castle 's villany , used to say , that if king henry the . should pass by their colledge ( which he built for them ) he would willingly cast himself out of his window headlong upon him , so as he might break the king's neck , though thereby he brake his own . yet was he punished onely with perpetual banishment . after which jesuitical conspiracies detected and prevented , notwithstanding this king henry ( before these two attempts to murder him ) had by their sollicitations , renounced the protestant religion , professed himself a zealous romanist , recalled the iesuites formerly banished for the murther of henry the . * against his parliament and counsels advice , reversed all the decrees of parliament against them , razed the publick pillar set up in paris , as a lasting monument of their treasons and conspiracies ; built them a magnificent colledge in paris , endowed it with a very large revenue ; entertained pere cotton ( one of their society ) for his confessor ( who revealed all his secrets to the king of spain ; ) bequeathed a large legacy of plate and lands to their society by his will , and was extraordinary bountiful and favourable towards them ; yet these bloody ingrateful villains animated that desperate wretch , * ravilliac , to stab him to death in the open street in paris , anno . albigni the iesuite , being privy to this murder , before it was perpetrated . . by their suborning , instigating sundry bloody instruments one after another to murder ſ william prince of orange , prevented in their attempts by gods providence , till at last they procured one balthasar gerard to shoot him to death with a pistol charged with three bullets ; the iesuites promising him no less then heaven , and a canonization among the saints and martyrs , for this bloody treason , as they did to iames clement before , for murdering the french king. . by t their poysoning of stephen botzkay prince of transylvania , v for opposing their bloody persecutions . . by their manifold bloody plots and attempts from time to time , to depose , murder , stab , poyson , destroy our famous protestant queen elizabeth , by open insurrections , rebellions , invasions , wars raised against her both in england and ireland ; and by intestine clandestine conjurations ; from which gods ever-waking providence did preserve her . amongst other conspiracies , that of patrik cullen , an irish frier ( hired by the iesuits and their agents to kill the queen ) is observable . x holt the iesuite , ( who perswaded him to undertake the murdering of her ) told him , that it was not onely lawful by the laws , but that he should merit gods favour , and heaven by it ; and thereupon gave him remission of all his sins , and the eucharist , to encourage him in this treason ; the chief ground whereof ( and of all their other treasons against this queen ) was thus openly expressed by iaquis francis , for cullens further encouragement ; that the realm of england , then was and would be so well setled , that unless mistris elizabeth ( so he termed his dread soveraign , though but a base landress son ; ) were suddenly taken away , all the devils in hell would not be able to prevail , to shake and oveturn it . which then it seems , they * principally endeavoured , and oft times since attempted , and have now at last effected , by those who conceit they demerit the title of saints ( though not in a romish calender ) and no less then heaven for shaking , overturning , and making it no kingdom . . by their y conspiracy against king iames , to deprive him of his right to the crown of england , imprison , or destroy his person : raise rebellion , alter religion , and subvert the state and government ; by vertue of pope clement the . his bull directed to henry garnet , superiour of the iesuites in england : whereby he commanded all the archpriests , priests , popish clergy , peers , nobles and catholikes of england , that after the death of queen elizabeth by the course of nature , or otherwise , whosoever should lay claim or title to the crown of england , ( though never so directly or neerly interessed by descent ) should not be admitted unto the throne , unless he would first tolerate the romish religion , and by his best endeavours promote the catholick cause ; unto which by his solemn and sacred oath he should religiously subscribe , after the death of that miserable woman ; ( as he stiled queen elizabeth . ) by vertue of which bull the iesuites , after her decease , disswaded the romish-minded subjects , from yielding in any wise obedience to king iames , as their soveraign ; and entred into a treasonable conspiracy with the lord cobham , lord gray , and others , against him , to imprison him for the ends aforesaid ; or destroy him , pretending , that king iames was no king at all before his coronation ; and that therefore they might by force of arms , lawfully surprise his person , and prince henry his son , and imprison them in the tower of london , or dover-castle , till they inforced them by duress , to grant a free toleration of their catholike religion , to remove some evil counsellors from about them , and to grant them a free pardon for this violence ; or else they would put some further project in execution against them , to their destruction . but this conspiricy being discovered , the traytors were apprehended , arraigned , condemned , and watson and clerk ( two iesuited priests who had drawn them into this conspiracy , upon the aforesaid pretext ) with some others , executed as traytors ; z all the iudges of england resolving , that king iames being right heir to the crown by descent , was immediately upon the death of queen elizabeth , actually possessed of the crown , and lawful king of england , before any proclamation or coronation of him , which are but ceremonies , ( as was formerly adjudged in the case of * queen mary , and queen iane , mariae ) there being no interregnum , by the law of england , as is adjudged , declared , by act of parliament , iac. c. . worthy serious perusal . . by their a horrid gun-powder treason plot ; contrived , fomented , by garnet ( superiour of the english iesuites ) gerard , tesmond and other iesuites ; who by their apostolical power did not onely commend , but absolve from all sin the other iesuited popish conspirators , and faux the souldier , who were their instruments to effect it . yea , the iesuitical priests were so atheistical , as that they usually concluded their masses with prayers , for the good success of this hellish plot , which was , suddenly , with no less then barrels of gunpowder , placed in a secret vault under the house of lords , to have blown up and destroyed at once , king iames himself , the queen , prince , lords spiritual and temporal , with the commons assembled together in the upper-house of parliament , upon the of november , anno dom. . and then to have forcibly seised with armed men prepared for that purpose , the persons of our late beheaded king , then duke of york , and the lady elizabeth his sister ( if absent from the parliament , and not there destroyed with the rest ) that so there might be none of the royal line left to inherit the crown of england , scotland and ireland ; to the utter overthrow and subversion of the whole royal family , parliament , state and government of this realm . which unparallel'd , inhumane , bloody plot , being miraculously discovered , prevented , the very day before the execution , in perpetual detestation of it , and of the iesuits and their traiterous romish religion , ( which both contrived and approved it ) the day of november , by the statute of iacobi , ch . . was enacted to be had in perpetual remembrance , that all ages to come , might thereon meet together publickly throughout the whole nation , to render publick praises unto god , for preventing this infernal iesuitical design , and keep in memory this joyful day of deliverance ; for which , special forms of publick prayers and thankesgivings were then appointed , and that day ever since more or less annually observed , till this present . and it is worthy special observation , that had this plot taken effect , b it was agreed by the iesuites and popish conspirators before-hand , that the imputation of this treason should be cast upon the puritans , to make them more odious : as now they father all their powder-plots of this kinde , which they have not onely laid , but fully accomplished of late yeers against the king , prince , royal posterity , the lords and commons house , our english●parliaments and government , upon those independents , and anabaptistical sword-men , reputed puritans , who were in truth , but their meer under - instruments to effect them ; when as they c originally laid the plots ; as is clear by campanella's book de monarchia , hisp . c. . and cardinal richelieu , his instructions at his death , to the king of france . and it is very observable , that as courtney the jesuite , rector of the english jesuits colledge at rome did in the yeer . ( when the name of independent , was scarce heard of in england ) openly affirm to some english gentlemen , and a reverend minister ( of late in cornwal ) from whom i had this relation , then and there feasted by the english jesuites in their colledge , that they now at last , after all their former plots had miscarried , they had found out a sure way to subvert and ruine the church of england ( which was most formidable to them of all others ) by the independents ; who immediately after infinitely increased , supplanted the prebyterians by degrees , got the whole power of the army , ( and by it , of the kingdom ) into their hands , and then subverted both the parliament , king and his posterity : so some independent ministers , sectaries and anabaptists , ever since . have neglected the observation of the of november , ( as i am credibly informed ) and refused to render publick thanks to god for the deliverance thereon , contrary to the act , for this very reason , which some of them have rendred ; that they would not mock god in publick by praising him for delivering the late king , royal posterity , and house of lords from destruction then , by jesuites and papists , whenas themselves have since destroyed and subverted them through gods providence ; and repute it a special mercy and deliverance to the nation from tyranny and bondage , for which they have cause to bless the lord : peforming that for the jesuites and powder-traytors , which themselves could not effect . the lord give them grace and hearts to consider , how much they acted the jesuites , and promoted their very worst designes against us therein ; what infamy and scandal they have thereby drawn upon all zealous professors of our protestant religion , and * what they will do in the end thereof . . ( to omit all other forraign instances cited in speculum jesuiticum , p. . to . where you may peruse them at leisure ) by d their poysoning king james himself in conclusion , as some of them have boasted . . by the popes nuntio , and conclave of jesuites conspiracy at london , anno . * to poyson our late king charles himself , as they had poysoned his father with a poysoned indian nut , kept by the jesuites , and shewed often by conne the popes nuncio to the discoverer of that plot ; or else , to destroy him by the scotish wars and troubles , ( raised for that very end by the jesuites , ) in case he refused to grant them a universal liberty of exercising their popish religion throughout his realms and dominions : and then to train up his son under them , in the popish religion ; to which not onely heretofore , but now likewise they strenuously endeavour by all possible means to seduce him ; as appears more especially by monsieur militierre his e late book dedicated to him for that purpose . surely all these premised instances compared together , will sufficiently inform the world ; that the late unparellel'd capital proceedings against our protestant king , parliament members , peers house , and forced , dissolved late parliament too , proceeded not from the principles of our reformed protestant religion , as this f monsieur in his printed pamphlet , would make his reader , the young king , to whom he dedicates it , and all the world believe ; but from the popes and jesuites forecited treasonable opinions , seconded with their clandestine sollicitations and practices , and that they , with some french cardinals jesuites , as well as spanish & english , ( then present in england ) were the chief original contrivers , promoters of them , whoever were the immediate visible instruments , as i have g elsewhere more fully demonstrated , for the wiping off this scandal from our reformed religion , and the sincere professors of it , who both abominated and protested against it in print . . that the jesuites ever since the establishment of their military order , * under ignatius their martial general , have been the principal firebrands , bellows , instruments of kindling , fomenting , raising , continuing all the publick commotions , wars , seditions and bloody fewdes that have hapened in or between any kings , kindoms , states , princes , soveraigns or subjects throughout the christian world ; and more particularly , of all the civil commotions , wars in france , germany , transylvania , bohemia , hungary , russia , poland , england , scotland and ireland , to the effusion of whole oceans of christian blood : which one poetically thus expresseth , h quicquid in orbe mali passim peccante gradivo est , quicquid turbarum tempora nostra vident , cuncta sodalitio mentito nomine jesu accepta historiâ teste , referre licet . ite modò & vestrae celebrate encaenia sectae , militis inventum , loiolana cohors . yea , it is well worthy observation , i that jacobus crucius , a jesuite ( rector of the jesuites novices at landsberge ) presumed to publish , in his explication of the rules of the jesuites , anno . in these words : the father of our society ought to be a souldier ; because as it is the part of a souldier , to rush upon the enemy with all his forces , and not to desist , till he become a conquerour ; so it is our duty to run violently upon all , who resist the pope of rome ; and to destroy and abolish them , not onely with councels , writings , and words ; sed invocato , etiam brachio seculari , igne et ferro tollere et abolere , sicut pontifex et nostra vota contra lutheranos suscepta , volunt et mandant . but likewise by calling in to our assistance the secular arm ( of an army ) to take away , and destroy them with fire and sword , as the pope , and our oathes ( taken against the protestants ) will and command . and may we not then safely conclude , they have been the original contrivers , fomentors , continuers of all our late , intestine and forraign wars , by land and sea , with our christian protestant brethren and allyes , as k sundry parliamentary declarations of both houses aver and attest ? . that they have endeavoured , attempted the convulsion , concussion , subversion not onely of the empires , realms , and ancient setled governments and states of germany , russia , bohemia , hungaria , france , poland , but likewise of england , scotland and ireland , and to new model them into l other forms of government . what mould of government they intended to cast england into , is thus long since described by william watson ( a secular priest ) in his quodlibets , anno . p. , , , . england is the main chance of christendome at this present , by seditions , factions , tampering and aspiring heads : the onely but , mark , white , the jesuites aim at , as well in intention as execution of their pretended expedition , exploit and action . i am of opinion , that no man on earth can tell what government it is they intend to establish , ratifie and confirm , when they come to their preconceited monarchy ; no not any of their plot-casters . no question it is , but their government sall be as uncertain as their new-conceited monarchy ; their monarchy as mutable as their reign , and their reign as variable as the winde , or proteus in his complements . but no question is to be made of it , but that the government they do directly intend at this present , is a most absolute soveraignty , dominion and state , clearly exempted from any subordination , to any law or legifer divine or humane ; and therefore it is rightly called despoticon in the highest degree of exemplary immunity , imperiality and absolute reign , rule and authority , as convaining in it three sorts of government ; scil. monarchical , aristocratical , democratical , in matters of counsel and managing of commonwealths causes ; not in point of regality , honour and inheritance ; for there shall be neither title , nor name , nor honour given , taken or done to any prince , duke , marquess , earl , viscount , lord , baron , or the like , ( all the jesuitical governours being puritan-like , seniors , elders , provincials , &c. ) neither shall there be any succession by birth or blood , to any honour , office or magistracy from the monarch , pater general , to the minor , pater minister , but all shall go by m election or choice . whether our late and present variable floating new-moulded governments have not been cast by this long since predicted jesuitical mould , let wise men , with all our late and present governours , now sadly consider and determine . . that as the whole house of commons in their n remonstrance of december . charge the jesuites , and late jesuited court-counsellors , with a malignant and pernicious designe of subverting the fundamental lawes and principles of government upon which the religion and justice of the kingdom are firmly established . so william watson a secular priest , chargeth father parsons , the english jesuite , and his jesuited companions , in their memorial for reformation of england , when it should be reduced under the power of the jesuites ( as parsons was confident it would be , though he should not live to see it ) written at sevil in spain , anno dom. . that they intended to have magna charta , with our common fundamental laws and liberties , abrogated and suppressed : thus expressed by william watson in his quodlibets , p. , , . father parsons and the jesuites in their deep jesuitical court of parliament , begun at styx in phlegeton , have compiled their acts in a compleat volume , intituled : the high court of reformation for england . o and to give you a taste of their intent by that base court of a tribe of traytors sawcily ( like to cade , jack straw , and tom tiler ) usurping the authority of both states , ecclesiastical and temporal in all their rebellious enterprises : these were principal points discussed , set down , and so decreed by them , &c. he first mentions three of them relating to * church-men , scholars , and church , and colledge-lands : which were to be put into feoffees hands , and they all to be reduced into arbitrary pensions , &c. and then proceeds thus to the fourth . the fouth statute was there made concerning the common laws of this land ; and that consisted of this one principal point , that , all the great charters of england must be burnt ; the maner of holding lands in fee-simple , fee-tail , kings service , soccage or villanage , brought into villany , scoggery and popularity , and in few , the common law must be wholly annihilated , abolished , and troden down under foot , and caesars civil imperials brought amongst us , and sway for a time in their places . all whatsoever england yields , being but base , barbarous , and void of all sence , knowledge , or discretion shewed in the first founders , and legifers ; and on the other side all whatsoever is or shall be brought in by these out-casts of moses , stain of solon , and refuse of lycurgus , must be reputed for metaphysical , semi-divine , and of more excellency then the other were . which he thus seconds , quodlibet . artic. . p. . first it is plain , that father parsons and his company ( divide it amongst them how they list ) have laid a plot , as being most consonant and fitting for their other designments , that the common laws of the realm of england must be ( forsooth ) either abolished utterly : or else , bear no greater sway in the realm then the civil law doth . and the p chief reason is , for that the state of the crown and kingdom by the common laws is so strongly setled , as whilst they continue , the jesuites see not how they can work their wills . and on the other side , in the civil laws they think they have some shreds , whereby they may patch a cloke together to cover a bloody shew of their treasons for the present , from the eyes of the vulgar people . secondly , the said good father hath set down a course how every man may shake off all authority at their pleasures , as if he would become a new anabaptist , or king john of leydon , to draw all the world into mutiny , rebellion and combustion . and the stratagem is , how the q common people may be inveigled and seduced to conceit to themselves such a liberty or prerogative , as that it may be lawful for them when they think meet to place and displace kings and princes , as men do their tenants at will , hirelings or ordinary servants . which anabaptistical and abominable doctrine , proceeded from a turbulent tribe of trayterous puritanes , and other hereticks , this treacherous jesuite would now foist into the catholick church , as a ground of his corrupt divinity . and p. , . he intends to alter and change all laws , customes , and orders of this noble isle . he hath prejudiced the law of property , in instituting government , governours , and hereditary princes to be , ad bene-placitum populi , and all other private possessions ad bene-placitum sui , &c. whether any such new deep jesuitical court of parliament , and high court of reformation for england , to carry on this old design of the jesuites against our laws , hath been of late yeers sitting amongst us in or neer westminster , or elsewhere , in secret counsel every week , as divers intelligent protestants have informed me , & hugh peters reported to divers on his own knowledge ( being well acquainted with their persons and practises of late yeers ) it concerns others neerer to them , and more able then i , to examine . sure i am , a greater man by far then hugh peters , in an assembly of divines and others , for reconciling all dissenting parties , not long since * averred to them on his own knowledge , that during our late innovations , distractions , subversions , in church , state , and overturning of laws and government , the common adversary hath taken many advantages , to effect his designs thereby in civil and spiritual respects . that he knew very well , that emissaries of the jesuites never came over in those swarmes as they have done since these things were set on foot . that divers gentlemen could bear witness with him , that they had a consistory and council abroad , that rules all the affairs of the things in england . that they had fixed in england , in the limits of most cathedrals ( of which he was able to produce the particular instrument ) an episcopal power , with archdeacons and other persons , to pervert and deceive the people : and all this , whiles we were in this sad and deplorable , distracted condition . yea , most certain it is , that many hundreds ( if not some thousands ) of them , within these few yeers , have been sent over from forraign seminaries into england under the disguises of r converted jews , physitians , chirurgions , mechanicks of all sorts , merchants , factors , travellers , souldiers , and some of them particularly into the army ; as appears by the late printed examination of ramsey the anabaptized , new-dipped jesuite , under the mask of a jewish convert , taken at new-castle in june . and by sundry several instances i could name . to pretermit all instances of particular jesuites within these few yeers , yea months , come over and discovered in england by persons of credit ; i shall for brevity acquaint you onely with one , discovering what swarms are now amongst us , under other disguises . an english protestant nobleman ( a person of honour ) whose ancestors were papists , being courteously entertained within these two yeers in the jesuites chief colledge at rome by some eminent jesuites , was brought by them into a gallery having chambers round about it , with titles written over every door for several kingdoms and provinces , and amongst the rest , one for england . upon which , he enquiring of the jesuites what these titles signified ; was answered by them , that they were the chambers of the provincial jesuites , of each kingdom and province ( written over the respective doors ) wherein they had any members and emissaries of their society now residing , who received all letters of intelligence from their agents in those places every week , and gave account of them to the general of their order . that the provincial for england , lodged in the chamber over which the title england was written , who could shew him the last news from england if he desired to see it . upon which they knocked at the door , which was presently opened : the provincial being informed who and what he was , read the last news from england to them . hereupon the nobleman demanded of them , whether any of their society were now in england ? how they could stay there with safety , or support themselves , seeing most of the english nobility , gentry , and families that were papists , were ruined in their states , or sequestred by the late wars and troubles , so as they could neither harbour , conceal or maintain them , as they had done heretofore ? they answered , it was true ; but the greater the dangers and difficulties of those of their society now in england were , the greater was their merit . and , that they had then above fifteen hundred of their society in england , able to work in several professions and trades , which they had there taken upon them , the better to support and secure themselves from being discovered . this relation i have heard from the mouth of a reverend divine more then once ; to whom this noble lord , upon his return into england not many months since , seriously related the premises , averring the truth of them upon his honour . yet for all this , since the stupendious pretended repeals and annihilations of the oaths , and allegiance , and that of abjuration of popery ( consented to by the late king in the isle of wihgt ) purposely made for the better detection and prevention of jesuites , and their treasonable forementioned practises against our church , kingdomes , princes , religion , parliaments , and government , by the wisdom and * zeal of our best affected vigilant protestant parliaments ; i can neither hear nor read of any effectual means , endeavoured or prescribed by any in power , for the discovery of these romish ●anizaries , or banishing , feretting & keeping them out of england , where they have wrought so much mischief of late yeers , and whose utter ruine they attempt : nor any encouragement at all given to the discoverers of their plots and persons ; but many affronts and discouragements put upon them , and particularly on my self , mewed up close-prisoner under strictest guards in remotest castles , neer three yeers space , whiles they all walked abroad at large , of purpose to hinder me from any discoveries of their practises by my pen , whiles they printed and vended publickly here in england , above popish books of several kindes during my imprisonment , without the least restraint to propagate the jesuites plots , and antichristian romish religion amongst us , as you may read at large in the stationers beacon fired ; which seasonable book , and discovery of these romish emissaries books and plots , some * officers of the army , in their beacon quenched , publickly traduced in print , as a new powder-treason of the presbyterian party , to blow up the army , and that pretended parliament ( of their own erection ) which themselves soon after blew up and dissolved in good earnest , to carry on their designes against our laws . but most certain it is , there hath been of late yeers not onely a general councel of officers of the army sitting many months together in counsel , to alter and new model all our ancient laws and statutes , in pursuance of parson's design ; but likewise two conventicles of their own selection and election , sitting of late in the parliament-house at westminster , assuming to themselves the name , and far more then the power , of the parliament of the commonwealth of england ; together with the transcendent ambitious title of the supream authority of the nation , ( in derogation of the army-officers supremacy , who sufficiently chastised them this strange usurpation ) who have made it their chief business , not onely to new-model our ancient fundamental government , parliaments , ministers , universities , much according to parsons and his fellow-jesuites forementioned plat-formes , and thomas campanella his instructions to the king of spain , de monarchia hisp . c. . but likewise to new-mould , subvert , eradicate the whole body of our laws , and with them the great charter of our liberties it self . and in their last cashiered , unelected convention , ( as some of their companions , now in greatest power assure us in their ſ true state of the case of the commonwealth of england , &c. london , . p. , , , . ) there was a strong prevailing party whom nothing would satisfie , but a total eradication of the whole body of the good old laws of england ( the guardians of our lives and fortunes ) to the utter subversion of civil right and propriety : who likewise took upon them ( by vertue of a supposed right of saintship in themselves ) to lay the foundation of a new platform , which was to go under the name of a fifth monarchy , never to have an end , but to * war with all other powers , and break them to pieces ; baptizing all their proselytes into this principle and perswasion ; that the powers formerly in being , were branches of the t fourth monarchy ( of england , scotland and ireland ) which must be rooted up and destroyed . and what other fifth monarchy this could be , but that projected universal monarchy of the jesuites , which should bring the whole monarchy of great britain and ireland , together with france , spain , and all other princes , states in christendom under the jesuites subjection , and break all other powers in peices ; ( mentioned by watson , in his quodlibets , p. , to . ) or else , that elective new monarchy of great britain and ireland , projected by v campanella , and cardinal richeleiu , which some grandees now endeavour by their instrument to erect and perpetuate for èver x without alteration in themselves and their successors , ( though they thus expresly brand it in others ; ) let themselves and wise men resolve ? it being apparent , by the practises and proceedings of all the propugners of this new project , that this fifth monarchy they intend to erect , is neither the spiritual * kingdom of jesus christ in their own hearts , mortifying their ambition , covetousness , pride , self-seeking , unrighteousness , violence , rapines , and other worldly lusts ; nor the personal reign of christ himself alone , in and over our three kingdoms , and all other realms and nations for ever ; which they endeavour to evince from dan. . , . c. . , . micah . , , . luke . , . but a meer supream , arbitrary , temporal authority without bounds or limits , enchroached by and erected in themselves and their confederates , without any colour of right or title by the laws of god or the realm , and no wayes intended , but refuted by all these sacred scriptures , and others , which explain them . this design of the jesuites , to alter and subvert the whole body of our laws , was so far promoted by the jesuitical and anabaptistical party in this last assembly , ( elected onely by the y army-officers , ) that on august . . ( as our news-books print , ) they ordered , there should be a committee selected , to consider of a new body of the law , for the government of this commonwealth , who were to new-mould the whole body of the law : according to parsons his mould . and hereupon our cheating astrologers ( especially lilly & culpeper , the z jesuites grand factors to cry down our law , tythes and ministers ) from the meer visible earthly conjunctions , motions , influences of these new wandring excentrick planets at westminster onely , ( not of any coelestial stars , as they would make country-clowns believe ) took upon them in their a monthly prognostications , for this yeer . almost in every month to predict , the pulling down of the laws of the nation , and of lawyers , to the ground : the calling of the great charter it self into question , with other liberties , as not suiting with english mens brains at this time . the plucking up the crabtree of the law by the roots , to hinder the future growing of it : there being no reason we should now be governed by the norman laws , since the norman race is taken away by the same instrument ( the sword ) that brought it in : and the like . but these predicters of our laws and lawyers downfals , could neither foresee nor predict the suddain downfal of these lawless earthly westminster-planets from the firmament of their new-created power ; who should effect it by their influences . wherefore , though i look upon these and all other their astrological predictions , as b meer figments , cheats , and impostures , in relation to the coelestial planets , ( as are their twelve signes and houses of the heavens , whereon all or most of their artless art and predictions are grounded ; ) yet i cannot but take notice of them , as clear discoverie : of a strange jesuitical and anabaptistical combination of a predominant party amongst us , to carry on this ancient plot of the jesuites related by watson , against the great charter of our liberties the whole body of our laws . and truely , when i seriously consider the late great revolutions , changes both of our government , parliaments , laws , and the manifold extravagant publick innovations , changes , proceedings , originally contrived by the jesuites , but visibly acted , avowed , by anabaptists , independents , and some pseudo-presbyterians in the army and elsewhere formerly reputed puritans ; it puts me in minde of memorable , prophetical passages of william watson in his quodlibets , printed yeers since , ( anno . ) which i have frequently thought on of late yeers , as now experimentally accomplished ; i shall beseech our late and present grandees , and new state-mint-masters seriously to consider them ; which i shall here relate in his very printed words . . c i make no question of it , if the jesuites prevail in england , they intend and will turn all things topsy-turvie , upside down : cinq shall up , size shall under . in parsons high counsel of reformation , all the whole state must be changed : and the lands and seignories of clergy and nobility , universities , colledges , and what not , must be altered , abridged , and taken away . and is not all this visibly effected already for the most part ; and the rest projected , and ne'er accomplished ? . d i verily think , that all the puritans will joyne wholly with the jesuites at length , ( how far off soever they seem to be , and are yet in external profession of religion ) there being at least half an hundred principles , and odd tricks concerning government , authority , tyranny , popularity , conspiracy , &c. which they jumpe as just together in , as if both were made of one mould . and is not this really verified of , by sundry puritan anabaptists , independents , some temporizing presbyterians , and by many army-officers souldiers , ( in late or present power ) if they will but compare their last six yeers actions with the jesuites ? o let them consider it seriously in the fear of god ; and lament it with the greatest grief of heart ! . e the jesuites without all question , are more dangerous , pernicicus and noysome , to the commonwealth of england and scotland then the puritans ; as having more singular fine wits amongst them , and many learned men on their side ; whereas the puritans have none but grossum caputs : they many gentiles , nobles , and some princes to side with them : the puritans but few of the first ; rare , to have any of the second ; and none at all ( unless it be one ) of the last on their side . and so by consequent , if matters come to hearing , hammering and handling betwixt the jesuites and puritans ; the later are sure to be ridden like fools , and come to wrack . and whether they have not been ridden , outwitted , wracked by the jesuites plots , wits , wiles , instruments both in their late councels , innovations of government , forcible dissolutions , subversions of parliaments , laws , liberties , anomalous proceedings , designs , let our late dis-housed , dis-mounted puritan grandees and statizers of all sorts , determine at their leisure ; and let those in present power take heed , they be not ridden by them too like fools , as well as their predecessors , yea , wracked by them at the last , when they have served those turns for which they set them up on horse-back , for to ride to death our kings , parliaments , kingdomes , and utterly consume , devour them , with our ministers tythes , glebes , universitie & colledge lands by monthly endless taxes , excises and a perpetual law , tythe-oppugning army . it is worthy observation , a that thomas campanella prescribed the sowing and continual nourishing of divisions , dissentions , discords , sects and schismes among us , both in state and church ( by the machavilian plots and policies he suggests punctually prosecuted among us of late yeers ) as the principal means to weaken , ruine both our nation and religion , and bring us under the spanish and popish yokes at last : witness his , jam vero ad enervandos anglos nihil tam conducit , ●uam dissentio et discordia inter illos excitata perpetuoque nutrita , quod cito meliores occasiones suppeditabit : and that principally by instigating the nobles and chief men of the parliament of england : ut angliam in formam reipublicae reducant , ad imitationem hollandorum : which our reipublicans lately did by the power of the army - officers ; or , by sowing the seeds of an inexplicable war , between england and scotland ; by making it an elective kingdom ( as some now endeavour under another notion ) or , by setting up other kings , of another race ; or , by dividing us into many kingdoms or reipublicks , distinct one from another ; and by sowing the seeds of schismes , and making alterations and innovations , in all arts , sciences , and our religion . the old plots of b campanella , c parsons , and late designs of cardinal richelieu , and the pope , spaniard , jesuites , to undo , subvert our churches , kings , kingdoms and religion , as the marginal authors irrefragably evidence : all visibly set on foot , yea , openly pursued , and in a great measure accomplished by some late , nay present grandees and army-officers , who cry up themselves for our greatest patrons , preservers , deliverers , and anti-jesuites , when they have rather been but the jesuites , popes , spaniards and other forraign enemies instruments and factors in all the late changes , new-models of our government , parliaments , pretended reformations of our laws and religion , through inadvertency , circumvention , or self-ended respects , as many wise and godly men justly fear . certainly , whoever shall seriously ponder the premises , with these passages in william watsons quodlibets concerning the jesuites , e . that some of the jesuites society have insinuated themselves into all the princes courts of christendom , where some of their intelligencers reside , and set up a secret counsel , of purpose to receive and give intelligence to their general at rome , of the secrets of their soveraignes , and of all occurrents in those parts of the world , which they dispatch to and fro by such cyphers , which are to themselves best , but commonly onely to themselves known , so that nothing is done in england , but it is known at rome within a month after at least , and reply made back as occasion is offered , to the consequent overthrow of their own natural country of england , and their native prince and realms , by their unnatural treasons against them , that * so the jesuites might be those long gownes , which should reign and govern the island of great brittain . . f that the jesuites hope and endeavour to have england , scotland , and ireland under them , to make these northern islands a japonian island of jesuites , and one jesuitical monarchy ; and to infeoffe themselves by hook or by crook in the whole imperial domimions of grat britain with the remainder over to their corporation , or puni-fathers succeeding them , as heirs specially in their society by a state of perpetuity : putting all the whole blood royal oe england to the formidon , as but heirs general , in one predicament together . . g that the jesuites have magistracy , kings , magistrates , ministers , priesthood , and priests in high contempt ; publishing many slanderous , seditious , trayterous , and infamous speeches , libels , and books against them , to render them odious and contemptible to the people , full of plots , exasserations against the church and commonwealth , like rebellious traytors , to bring all into an uproar , that they may have all countries , kingdomes , governments , successions , states , inhabitants , and all at their pleasure . . that the h jesuites have taught the people ( ●n ●rder to get england under their power , & in order to god or religion , as they stile it , ) that subjects are bound no longer to obey wicked or heretical painces and kings destecting from the catholick religion , and drawing others with them , but till they be able by force of arms to resist and depose them . that the popular multitude may upon these grounds when they think meet , place or displace their princes and chief officers at their princes and chief officers at their pleasure , as men may do their tenants at will , hirelings or ordinary servants , putting no difference in their choice upon any , right or title to crowns or kingdoms , by birth , or blood , or otherwise , then as these fathers ( forsooth ) shall approve it . by this all things must be wrought and framed conformable to opportunities of times and occasions ; as for example : the people must have a right and interest in them , to do what they list in choice of their kings and supream governours , till they have set such a person or usurper in the crown as they for their ends have designed ; and then the times and occasions changing , when such a one is setled in the throne , the former doctrine and practises must be holden for a mistaking ; yet such , as seeing it cannot be holpen , the people must beware hereafter of attempting the like again . by this a check must be given to the publishers of such paradoxes , ( when they have accomplished their designed ends ) after that , a dispensation procured for the offenders , and then all shall be well ever after ; till a new opportunity for their further advantage . . that the jesuites by absurd equivocations , i counterfeited perjuries , sacriledges , and cousenage , become all things to all men , that they may gain all ; as to be seminary priests among seminaries ; secular priests , among seculars ; religious men , among religious ; seditious men , among seditious ; factious spainiards , amongst spaniards ; english traytors , among traytors ; scotish villains , among scots , &c. and amongst all these , to deny and affirm , to object and answer , to swear and forswear , whatsoever may be a gain to them , for their pragmatical commonwealth and society . no wonder then if they transform themselves into all shapes , and take upon them all prefessions , now . . that the k jesuites by their devices and practises , have brought all to machiavels rule , divide et impera , in sowing division , breeding of jealousies , and making of hostile strife , by opposition of king against king , state against state , priest against priest , peer against peer , parents against children children against parents , sisters against brothers , servants against masters , wives against husbands , husbands against wives and one friend against another , raising up rebellions , mvrdring of princes , making uproars every where , until they make those they cannot otherwise winne unto them , either yeeld to be their vassals to live quiet by them , or force them to flight , or drive them out of their wits , or otherwise plague them to death . . that the l jesuits by their cursed positions , and machiavillian practises , have made religion it self a meer political and atheal device ; a pragmatical science of figboys , and but an art of such as live by their wits , and the principles of machiavel taught by their robbies ; yea , a very ●o●ch potch of omnium gatherum , religious secular , clergical , laical , ecclesiastical , spiritual , temporal , m. artial , civil , aecomenical , political , liberal , mechannical municipal , irregular , and all w●thovt order ; so that they are not worthy to be called religious , ecclesiasticks catholicks , nor temporal mechannical christians ; but rather machiavillians , athiests , apostates ; their course of life shewing what their study is ; and that howsoever they boast of their perfections , holiness , meditations and exercises , as if they were all superlatives , all m●●●physicians , all entia transcendentia ) yet their platform is heathenish tyrannical , ●athannical , able to set aretine , luc●an , machiavel , yea , and don lucifer in a sort to school . those , i say , who shal sadly ponder all these premises , and compare them with the late practises , policies and proceedings of some swaying politicians of our age and the constitution of our church , state , religion and publi●e affairs , must necessarily acknowledge , that these pragmatical iesuits have , been very active , prevalent-powerful , suc●esful , and not onely militant but triumphant , of late yeares amongst us , under some disguise or other : that they have dangerously poysoned us with these their machiavilian and atheal pollcies , practises , positions , and have more real disciples , factors , if not tutors , now amongst us , then in any former ages : and is it not high time then to endeavour to detect their persons , and prevent their dangerous designs upon us with greatest care and diligence ? truly though most others be negligent and careless herein , yet that text of ezek. , , . and thou son of man , be not afraid of them neither be afraid of their words , though bryars and thorns be with thee , and thou dost dwel among scorpions , be not afraid of their words , nor be dismayed at their looks , though they be a rebellious house : and thou shalt speak my words unto them , whether they wil hear , or whether they wil forbear , for they are most rebelliovs ; hath animated me to exonerate my conscience herein , and to say with the prophet isai . . . for zions ( englands ) sake i will not hold my peace , and for ierusalems sake i will not rest , until the righteousness thereof go forth as brightness , and the salvation thereof as a lamp that burneth . wherefore . upon letious consideration of all these premises . and of all those sacred solemn oathes . that protestation , vow , league , and nationall covenant , which i have formerly taken ( lying still as so many f indissoluble obligations on my soul , notwithstanding the ingrate , malicious , unchristian requitalls of all my former unmercinary services , sufferings for religion laws , liberties , and the publique , in times of greatest danger , recompences only with long causeless , close imprisonments , injuries , affronts , losses of all kindes , by pretended friends and patrons of our liberties , as well as by professed causeless enemies : and notwithstanding all other discouragements from the generall baseness , cowardize , sottishness , slavishness degenerated spirits of the whole nation , and their strange fearfulness even publiquely to own , much less cordially , to assist , defend , ( according to the sixth article of the covenant ) those few couragious patrons who have hazarded their lives , liberties , limbs , estates , and all earthly comforts for the publique defence of religion the laws , liberties , priviledges of our kingdome , chruch , parliament , against the old and late avowed subverters of them , whose very , g company , visits the generality of their former friends and acquaintance have declined , ( as if they had some plague sores on them ; ) not only during their late restraints , but likewise since their enlargments out of them , ( enough to perswade them never to write , speake , act or suffer any thing more , for such ingrate unworthy , creatures , but rather to put their helping hands , to make them and their posterities slaves for ever . ) i have yet once more out of pure zeal , love conscience towards my native country adventured my life , liberty , and decayed estate , ( considering the lawlessnesse and danger of the times , not the justice and goodness of the common cause , i plead ) for the necessary defence of the fundamentall liberties , franchises , lawes , rights , parliaments , priviledges and government , of our e●slaved nation , ( though every way unworthy to be beloved by god , or men of noble spirits ) in this seasonable legall , historicall vindication and collection wherein i have with all boldness , faithfulness , without the least fear or flatterie of any mortals or created powers whatsoever , argued , evinced , maintained my own particular , with the whole nations publique right and inheritance in them , and endeavoured ( as much as in me lyes ) to preserve them from the severall jesuitical plots , & our religion , counsels , specified in the whole commons house remenstrance of . december . : exact collection , pa . to . ( of late years revived , and more vigorously pursued than ever ; and to rescue them out of the claws of tyrany and all usurping arbitrary powers , which have avowedly encroached on , yea trampled them under feet of late , more than ever the worst of all our monarchs , or beheaded king did though declaimed against , as the greatest of tyrants , by some who have transcended him in his worst regall exorbitances ; and particularly in this , which the lords and commons in parliament in their * declaration of aug. . thus grievously complained of , and objected against the kings ill counsellers , that the laws , were no protection or defence of any mans right , all was subject to will and power , which imposed what payments they thovght fit , to drain the subjects purses , and supply those necessities , which their ill counsell had brought upon the king , and gratify such as were instrumentall in promooting most illegal and oppressive covrses : those who yeilded and complied were countenanced and advanced , all others disgraced and kept under , that so their mindes made poor & base ( as they were never so poor and base as now ) and their liberties lost and gone ( as they were never so much as now ) they might be ready to let go their religion whensoever it should be resolved to alter it , which , was , and still is , the great design and all the rest made use of as instrumentall and subservient to it . vpon which consideration they thus concluded that declaration : therefore we the lords and commons are resolved to expose our lives and fortunes for the defence and maintenance of the true religion , the king , person , honor and estate , the power and priviledg of parliament , the just rights and liberty of the subject . and we do hereby require all those who have any sence of piety , honor or compassion , to help a distressed state , especially svch who have taken the protestation , and are bound in the same duty with us unto their god , their king and country , to come in to their aid and assistance . that which hath not a little encouraged me hereunto , is not only this their publike call , but likewise this memorable passage , vow protestation of the lords and commons assembled in parliament , in their printed h declaration in answer to his majesties of october . . which i fear most of them since in power , have quite forgotten ; and therefore i beseech them now seriously to remember it . though we know very well , there are too many of the gentry of this kingdome , who to satisfy the lvsts of their own ambition , are content , like esau , to sell their birth-right , & care not to svbmit themselves to any arbytrary and vnlimited government , so they may for their own time partake of that power , to trample and insult over others : ( and have not , are not some of these declarers and censurers such themselves ? ) yet we are assured , that there are of the gentry many worthy and true hearted patriots , ( but where are those many now ? ) who are ready to lay down their lives and fortunes , and of late have given ample testimony thereof , for maintenance of their lawes , liberties and religion ; and with them and others of their resolution we shall be ready to live and die . ( but how many of these declarers have made good this publike engagement ? yea have not some of them been , and still are more ready to secure , seclude , disoffice , imprison , kill , slay any such true hearted patrons , as i have felt by sad experience , then to live and die with them ? and we must own it as our duty , to use our best endeavors , that the meanest of the commonalty may enjoy their owne birthrights , freedome and liberty of the laws of the land , being * equally entituled thereto with the greatest subject . i trust therefore the greatest grandees in late or present power neither will nor can be offended with me , and that all the nobility , gentry , commons , and true hearted patrons in the nation , who bear any love to the laws , liberties , freedom of the people , for which their ancestors and they have so long , so stoutly contended heretofore , and lately with our kings ; will live and die with mee in this their vindication and defence , against any of their fellow-subjects , who shall endeavor to subvert or deprive them of the full and free enjoyment of all or any of them , according to this engagement and declaration : wherein there are these further observable passages , relating to the parliaments priviledges and its members , which i desire our army-grandees , who impeached , secured , secluded my self with other members of the last true parliament , levied war against and forcibly dissolved it ; with the contrivers of our late new modelled governments , would seriously ponder , who in common justice must bee content to be as freely told of and reprehended for their faults in print ( where the publike and every mans private interest , right , liberty , security , is concerned ) as they have censured others , as well their superiors , as equalls , oft in print , though perchance less peccant than themselves i in that they object against them . k for the matter of his majesties raising an army against the parliament ( wherein many papists , priests , jesuites were imployed ) and taking away the priviledge thereof , we shall refer it to the judgment of every ordinary capacity , whether it be void of sense to say , that this war is raised against the parliament ; but the truth is , that it is not a few persons but the parliament it self , is the thorn that lies in these mens sides , which , heretofore when it was wont to prick them was with much case by a sudden dissolution , pulled out : but now that is more deeply fastned by the act of continuance , they would force it out by the power of an army . hath not this been the very practise of some army-grandees of late , here objected against the kings jesuiticall and popish ill counsellors ? and whosoever will peruse the severall speeches and declarations , made upon the breaking up of former parliaments , since the beginning of his majesties raign , will find ; the pretences of those unjust and illegall dissolutions , to be grounded upon the exceptions against some particular members , under the name of a few factious and seditious persons : so that the aspersing and wounding of the parliament through the sides of a few members , is no new invention : ( and hath not this been the very army officers practice , since the first year of their reigne till now , to wound the last real parliament ( yea , their own lare dissolved mock parliaments since , though the sides of a few corrupt members , or a corrupt maiority in the house , as all their printed l declarations upon their dissolutions attest . and is this then no crime ? or no jesuiticall practise in them , though such in the late m king and his ill counsellors ? ) and for the satisfaction of all indifferent men , that this war is raised against the parliament , wee shall refer them to former declarations , issued out in his maiesties name , being so many invectives and groundless accusations , not against particular members only but against the vote and proceedings of both houses . and are not many of the armies declarations in . and ●● . yea , the late pamphlet of some present grandees , 〈◊〉 a true state of the case of the commonwealth of england , printed . such ; let them now then see whence they took their pattern , even from the beheaded kings n iesuited evill counsellors , whose steps they exactly trace in this . ) but if the truth were , as that declaration seems to imply , that this army is raised to force some o particular members of this parliament to be delivered up , yet upon that ground would it follow , that the same is levied against the parliament . for it cannot be denyed by any ingenious man , but that the parliament by their p inherent rights and priviledges hath the power to judge and punish their own members : [ yet the army officers took upon them to secure , seclude them without charge , and their future new minded parliament members , though only elected by the people , must be trye à iudged by the new whitehall members , ere they can be admitted to sit . article . of the new government . ] and we have often declared to his his majestie and the world ; that we are alwaies ready to receive any evidence or accusations against any of them , and to judge and punish them according to their demerits ; yet hitherto q no evidence produced , no accuser appearing : and yet notwithstanding , to raise an army to compel the parliament to expose those members to the fury of those wicked counsellors that thirst for nothing more then the ruin of them and the commonwealth : what can be more evident , then that the same is levied against the parliament ? for did they prevaile in this , then by the same reason , pray observe it , they might demand twenty more , and never rest satisfied until their malice and tyrany did devour all those members they found cross and opposite to their lewd and wicked designs [ and was not this the practice of the army-officers , who levied a reall actuall warre against the parliament ? they first impeached , secluded , xi . members of the commons house ; and some lords soon after , an . then they secured , imprisoned my self , with . members more , and secluded the greatest part of the commons house , leaving not above . or . at first sitting , who confederated with them , in december . within two moneths after this , they beheaded the king ; then suppressed the whole lords house , to carry on their designs since acted : at last they dissolved their own mock . parliaments , when they crossed their ambitious aspires : what they did in september last since this was first penned , to those now sitting is , fresh in memory . ) touching the priviledges of parliament , which the contrivers of that declaration in his majesties name , ( and the contrivers of sundry declarations since in the armies name , who imitated them herein , ) seem to be so tender of , and to profess all conformity unto , and deny this army to be raised in any degree to violate : we shall appeale to the judgment of any indifferent man , how little truth is contained in this their assertion , ( or in the army officers printed papers to the same effect . ) the parliament is to be considered in three severall respects . first , as a council to advise . secondly , as a court to judg . . as it is the body representative of the whole kingdome , to make , repeal , or alter lawes & whether the paarliament hath enjoyed its priviledges in any of these respects ( under the army officers and powers , as wel as late king ) let any that hath eyes open judg . for the first , wee dare appeal even to the consciences of the contrivers themselves , [ and to the consciences of the army-officers , souldiers , and whitehall men themselves ) whether matters of the highest importance , ( witness all the publike proceedings against the late parliament , king , peers , government ; the warrs with scotland , holland : their new magna charta repealing the old , entituled , the government of the commonwealth of england , scotland and ireland , wherein they take upon upon them such an omnipotent soveraign power , as , to pass a decree upon the waveting humors of the people , and to say to this nation , yea to scotland and ireland too , as the almighty himself said once to the unruly sea : here shall be thy bounds hitherto shalt thou come and no further ; as ome most arrogantly if not blasphemously publish in print to all the world in their true state of the case of the common-wealth , p. . their making of new binding laws and ordinances , repealing old laws and statutes in and by pretext of this instrument , out of parliament , as their manifold vvhit-hal folio new edicts amounting to near pages attest ) have not been agitated and determined ( in and by the armie-officers , general-councel and other unparliamentary juncto's , ) not onely without but even contrary to their advice , ( and votes too ; ) and whether private , unknown councels ( in the army , vvhite-hall , and elswhere ) have not been hearkned unto , approved and followed , when the faithfull and wholsome advice of the great counsel hath been scorned and neglected ( by the army officers and their confederates . ) and 〈◊〉 can deny , but it is one of the principle ends why a 〈◊〉 called , to consult the great affairs of the church and state. and what miserable effects and 〈…〉 neglect of the great councell , and preferring of unknown and private councels before it , hath proved ; let the present distractions of this kingdome bear witnesse . ( with all the bloody , unchristian vvars , taxes , oppressions , distractions , since the armies force upon the king , members , houses ; anno . and . to this present time . ) concerning the second , it sufficiently appears by the making the kings court , by the force and power of the kings army ; the sanctuary and re●uge of all sorts of delinquents against the parliament and kingdome , and protecting and defending them from the justice thereof : and by admitting such to bear places of great trust in the army , and to stand in defiance of the parliament and the authority thereof ; ( and it is not a far greater crime to make the parliaments army it self , a delinquent against the parliament and kingdome ; the fanctuary of such delinquents against both , and to continue such officers in places of greatest trust in the army , who have levied actual war against the parliament , secluded , secured members of parliament , kept divers years under their armed guards in defiance of the parliament , refusing to release them , even when the serjeant was sent from the house it self , to demand the members seised ? ) by all which it is apparent , how our priviledges have been torn from us by piece-meals , from time to time . and we might mention many passages , whereby they were endeavoured to be * pulled up by the root , and totally subverted . as the attempt to bring up the late army from the north to force conditions upon the parliament : his majesties letters and commands to the members of both houses ( which found obedience in a great many ) to attend him at york ; and so , by depriving the parliament of their members , destroy the whole body . ( and was not the actuall twice bringing up of the parliaments own army , by the army officers , against the parliament it self , to impeach secure some principall members of both houses ; seclude the majority of the commons house , suppresse the whole house of lords ; break off the preaty , behead the king , ( the * head of the parliament ) against the parliaments votes , alter the government , force conditions on the parliament it self , ( to omit the , , , , , , . articles of their new government , ( with the secluding of all the members lately admitted by armed souldiers till they took a new engagement , and keeping out all others ) a taking of the priviledges of the parliament from them all by whole-sale , and a more desperate pulling up by the roots , and totall subversion of all the priviledges and whole body of the parliament , then this objected against the northern army , or the kings jesuiticall ill councel ? vvhich is enough to prove the vanity of the contrivers of that declaration ( and of the army officers too ) to feed themselves with hope of beliefe , that the priviledges of parliament are not violated , but intended to be preserved , with all due observance . concerning the allegation , that the army raised by the parliament , is to murder the king , ( oft alledged by the * king and his party , in many printed proclamations , declarations before and after this , here mentioned ) vve hoped the contrivers of that declaration , or any that professed but the name of a christian , could not have so little charity as to raise such a scandall , especially when they must needs know , the * protestation taken by every member of both houses ( and army officers too ) whereby they promise in the presence of almighty god , to defend his majesties person . the promise and protestation made by the members of both houses upon the nomination of the earl of essex to be generall , and to live and die with him ; wherein is expressed , that this army was raised for defence of the kings person , our oft earnest and most humble addresse to his majesty to leave that desperate and dangerous army , &c. a request inconsistent with any purpose to offer the least violence to his person , which hath and * ever shall be dear unto us . and concerning the imputation laid to our charge , of raising this army , to alter the whole frame of government and established laws of the land , ( which the king and his party * frequently objected in print ) we shall need give no other answer but this : that the army raised by the parliament is to no other end , but for the preservation of his majesties person , to defend themselves , the laws of the land , and the true protestant religion . after which , they there and elswhere conclude . and by this time ( we doubt not ) but every man doth plainly discern through the mask and visard of their hypocrisie , what their ( the kings ill counsels ) design is , to subject both king and parliament and kingdome to their needy ambitious and avaritious spirits , and to the violent laws , martial law , of governing the people by guards and by the souldiers . but alas for greife , how superlatively have many of the army officers , and their confederate members ( though parties to these declarations and protestations ) violated them , and both houses faiths , trusts , intentions , ends in raising the army , in every of these particulars ? how have they verified , justified the kings declarations , jealousies , concerning the parliaments army , in every point , here ( and * elswhere ) disclaimed by both houses ? how have they exceeded , out acted the kings jesuiticall counsellers , and most desperate popish army , in violating , subverting both the parliaments priviledges , members and parliaments themselves , together with our * fundamentall laws , liberties , government ; for whose preservation they were onely raised , paid ? how have they pursued the kings and his worst counsellors●ootsteps ●ootsteps in all the charges here objected against them by both houses , in relation to the parliaments priviledges , members , constitution , rights , lawes , to their utter subversion , dissolution , and waged warre against them ? and doth not every man plainly discern through the mask and visard of their hypocrisie , ( to use both houses expressions ) that their designe is just the same with that here objected by the parliament to the kings ill jesuited counsellers , and popish army ; even to subject both king ; parliament and kingdome , to their needy , ambitious , avaritious spirits , and to the violent laws , marshall law , of governing the people ( yea parliaments themselves ) by guards and by the souldiers ? and * by conquest to establish an absolute and unlimited power over the parliament and good subjects of this kingdome ; as the houses elsewhere thrice objected against the late king , his army and party : being the very designe ( as many wisemen fear ) of the article of their new government ; to settle a constant annuall revenue for the maintenance of foot and horse and dragoones , for the defence and security of england , scotland and ireland ? o that they would now in the name and fear of god ( as they tender the eternal salvation of their souls , the honour and priviledges of all future parliaments , the ease , welfare , settlement of our nation . ) lay all this most seriously to their hearts , and make it a matter of their greatest lamentation , and repentance ! besides this , have they not falsified that memorable * late declaration of the lords and commons assembled in parliament , novemb. . . in answer to his majesties ( well worthy perusall now ) and made good ( both for the time past and all succeeding parliaments whiles there shal be any standing army in england able to over power them ) all the odious , scandalous positions , in relation to the english parliament , its members and priviledges ( deduced from the kings declaration , onely by inference , but disclaimed by the king ) summed up by them , in the close of that remonstrance , and published in these ensuing terms , as will evidently appear , if applied to the army , and their generall counsel of officers , by adding or exchanging their names , onely for the kings in a parenthesis ? . * that the king ( the army , general , and their generall councell of officers ) when he pleaseth , may declare the major part of both houses , a faction of malignant , schismatical , and ambitious persons : so that all parliaments that have been heretofore and shall be hereafter , and all laws made in them , may by this means be called in question at pleasure ; yea nulled and repealed for ever , as some former parliaments have been , when held and over-awed by armed power , or unduly elected , packed , summoned without lawfull authority , or some of the members forcibly secluded , as you may read at large in the statutes of . r. c. , . , , . . h. . c. . h. . rot. parl. n. , , , , , , h. . c. . and e. . c. . worthy the serious perusal of our present grandees , and all illegitimate parliaments , where they may read the fatall end of all new unparliamentary projects , laws , devices , wherein many now so much glory , as if they would continue firm for ever : when as in a few years space , they will all probably prove nullities , be for ever reversed ; yea , branded to posterity , as most pernicious presidents . . that his majesty ( the army and their generall councell ) may declare what is the known law of the land , against the judgement of the highest court , and consequently of all his courts : so that the safety and right of king and people , and the law it self must deupon his majesties ( the armie , generall and their councels ) pleasure . . that as the king hath a property in his town forts , and kingdomes ; so he ( the army and their generall councell ) may dispose of them as he pleaseth ; and the representative body of the whole kingdome may not intermedle in discharge of his majesties ( the armies generalls , councels , ) trust , though by the advice of evill councellers , they see it diverted to the hazard of the publique peace and safety of the kingdome . . that his majesty ( the army , general , and their councell ) or any other person may upon suggestions and pr●tences of treason , felony , or breach of peace ( or of their trusts , a fourth * army new minted cause ) take the members of parliament , without giving satisfaction to the house , whereof they are members , of the grounds of such suggestion or accusation , and without and against their consent ( as in the case of the late secured , secluded members , and their two juncto's since ) so they may * dismember a parliament , when they please , and make it what they will , when they will. . that whosoever shall follow the king ( army , generall , and their councell ) in the wars ( against the parliament ) though it were to destroy laws , liberty , religion , the parliament it self , and the whole kingdome ; yet he shall be free from all crime or punishment . and that on the other side , to oppose by force any such force , though in the most legall way , and by authority of the representative body of the whole kingdome , is to leavy war against the king ( army , generall ) and treason ( with in the letter of . e. . or of their new knacks since ) so our lands , liberties , lives , religion , and laws themselves , whereby all the rights , both of king and people are due to them and preserved for them , shall be at the sole will and pleasure of the prince ( army , general , and general councel of officers , in their new high courts of injustice , or other martiall judicatories . o consider , consider seriously by these particulars , to what a sad , low , despicable condition all english parliaments are now for ever reduced , by the late army practises , violences , and rebellions insolencies against them , never to be parallel'd in any age which hath really verified this clause in the declaration of both houses , aug. . . objected against the king and his popish army , in relation to themselves . that if the king ( by his army ) may force this parliament ( as the parliaments army both forced and dissolved it ) they may bid farewell to all parliaments for ever receiving good by them ; and if parliaments be lost , they ( the people ) are lost , their laws are lost , as well those lately made , as in former times , all which will be cut in sunder with the same sword , now drawn for the distruction of this parliament . * athanasius bishop of alexandria ( about the year of our lord . ) objected this as a great crime , barbarisme , cruelty and violation of the priviledges of councels to the arrian emperour constantine . that whensoever he called a councel , or assembly of bishops , it was but for a shew : for he would not permit them to be guided by the ecclesiasticall canont , but his will alone must be their onely canon . and when they advised him not to subvert the ecclesiasticall order , nor bring the arrian heresie into the church of god , he would neither hear nor permit them to speak freely , but grievously bending his brows ( for they had spoken crosse to his designes ) and shaking his sword at them commanded them to be taken away . whereupon he thus infers , what liberty for perswasion , or place for advice is there left , when he that contradicteth , shal for his labour lose either his life , or his country ? vvhy hath the emperour gathered so great a number of bishops , partly terrified with threats , partly , inticed with promises to condescend , that they will not communicate with athanasius ? and hilary bishop of poictou an. . in his first book against this tyrannical arrian emperours constantius , thus censures his violent proceedings of this kinde , to the subversion of the freedom and priviledge of councils and their members . thou gatherest covncils , and when they be shut up together in one city , thou terrifiest them with threats ( as the army officers did the secluded members and decemb. when they shut them up all night in hell , on the bare boards without beds in the cold , and kept them fasting all the next day at whit-hall , till a clock at night ) thou pinest them with hunger , thou lamest them with cold , thou depravest them with dissembling : o thou wicked one , what a mockery dost thou make of the church and councels ? onely dogs return to their vomit ; and thou compellest the priests of christ , to sup up those things which they have disgorged , and commandest them in their confessions , to allow that which before they condemned : what bishops hand hast thou left innocent ? what tongue hast thou not forced to falshood ? whose heart hast thou not brought to the condemning of his former opinion ? thou hast subjected all to thy will , yea , to thy violence . and have not some swaying army officers , by their frowns , menaces , frauds , open force upon the parliament and its members , beyond all the presidents in any ages done the like , and exceeded this arrian tyrant ? and is it not then high time for all friends to parliaments to protest and provide against such detestable , treasonable violences for the future , destructive to all parliaments if permitted , or silently pretermitted without question , censure , righting of the imprisoned members , or any provision to redresse it for the future . our prudent ancestors were so carefull to prevent all violence , force , arms , and armed men , in or near any places where parliaments were held , to terrifie , over qaw , or disturb their proceedings or members ; * that in the parliament of e. . ( as you may read in rastals abridgement , armour , . provision was made by the king ; by common consent of the prelates , earls , and barons , by a geciall act , that in all parliaments , treaties , and other assemblies , which should be made in the realm of england for ever , every man shall come without force , and withour armour , well and peaceably to the honour of the king and of the peace of him , and of his realm ; and they together with the commonalty of the realm upon solemne advise , declared . that it belonged to the king , and his part it is by his royal signiory , strictly to defend wearing of armour and all other force , against his peace at all time , when it shall please him ( especially at such times , and in places where such parliaments , treaties , and assemblies are held ) and to punish them which shall do contrary according to the laws and usage of the realm . and hereunto they are bound to old the king , as their soveraign lord , at all seasons , when need shall be . hereupon our kings ever since this statute , by virtue thereof , and by the law and custome of the parliament , ( as sr. edward cook in his institutes c. . p. . informs us ) did at the beginning of every parliament , make a speciall proclamation , prohibiting the bearing of arms or weapons , in or neere the places , where the parliament sat , under pain of forfeiting all they had ; of which there are sundry presidents cited by st. edward cook in his margin ; whereof i shall transcribe but one ( which he omits ) and that is . e. . rot. parliament . n. . . because that before these dayes , at the parliaments and councels of our lord the king , debates , riots , and commotions have risen & been moved , for that people have come to the places where parliaments have been summoned and assembled , armed with privy cotes of plate , spears , swords , long knives ( or daggers ) and other sort of arms , by which the businesses of our lord the king and his realm have been impeached , and the great men which have come thither by his command , have been affrighted : our lord the king , willing to provide remedy against such mischiefs , defendeth , that no man of what estate or condition soever he be , upon pain of forfeiting all that he may forfeit , to the king , shall be seen armed with a coat of male , nor yet of plate , nor with an halberd , nor with a speare , nor sword , nor long knife , nor any other suspicious arms , within the city of london , nor within the suburbs thereof ; nor any place neer the said city , nor yet within the palace of westminster , or any place neere the said palace , by land or water , under the foresaid pain : except onely such of the kings men , as he shall depute , or by his command shall be deputed to keep the peace within the said places : and also except the kings servants , according to the sta●ute of northampton . and it is not the intention of our lord the king , that any earle , or baron may not have his lance brought to him in any place , but onely in the kings presence , and in the place of councell . the like proclamations were made in the beginning of the parliaments of . , , , , . ed . and sundry others , more necessary to be revived in all succeeding english parliaments now , then ever heretofore , since the unpresidented forces upon the late members of both houses , and the parliament it self by the army-officers and souldiers , raised to defend them from violence : the treasonablenesse and transcendency whereof being at large related in my epistle to the reader , before my speech in parliament december . i shall not here criminally presse , or insist on , but referre them thereunto : however for the future security and freedome of our parliaments from violence ; i must crave liberty to imform these army parliament-drivers , forcers , dissolves , ( habituated to this trade ) that if the * late kings march to the house of commons accompanied onely with some of his pensioners and others , armed with pistols and swords , meerly to demand but five members thereof , to be delivered up to justice , particularly impeached by him of high-treason some dayes before : to wit , that they had traterously endeavoured to subvert the fundamentall laws and government of this kingdome : to deprive the king of his royall power : to place over the subjects an arbitrary and tyrannicall power , to subvert the very rights and being of parliaments : and by force and terrour to compell the parliament to joyn with them in their designs ; for which end they had actually raised and countenanced tumults against the king and parliament . or if the * kings bare tampering with some officers of his own northern army , to draw a petition from them to the houses , or march towards london from their quarters ; ( not to seise upon , force or dissolve the parliament or its members , but only to overaw them , and impeach the freedome of their debates , votes touching episcopacy , church-government , and the kings revenews ) were such high transcendent violations of the priviledges and freedome of parliament , and unsufferable injuries , as both houses of parliament seperatly , and joyntly proclaimed them to all the world , in severall * declarations , during his life ; or such capitall crimes , as those who condemned and executed him for a traytor and tyrant , have published in the declaration of . march . ( touching the grounds of their proceedings against him , and setling the government in the way of a free state , without king or house of lords ) since his beheading , in these very words . but above all the english army was laboured by the king to be engaged against the english parliament ; a thing of that strange impiety and unnaturalnesse for the king of england , that nothing can answer it , but his being a forraigner ; neither could it have easily purchased belief , but by his succeeding visible actions in full pursuance of the same ; as the kings comming in person to the house of commons , to seise the five members , whether he was followed with some hundreds of unworthy debauched persons , armed with swords , and pistols , and other arms ; and they attending him at the door of the house , ready to execute what the leader should command them . this they charged against the king , as the highest of his unparralleld offences ; for which they appeal to all the world of indifferent men to judge , whether they had not sufficient cause to bring him to justice ? though neither he nor his followers then seised , secured , secluded , injured any one member , when they thus went to the commons house ; yea presently retracted and offered all satisfaction that should be desired by the house for this breach of privilege : and though the northern army , nor their officers ever advanced towards , or offered the least violence to the houses , or their priviledges by petition or otherwise . then certainly the parliaments own army - officers , counsels , manifold ●high printed declarations of aug. . . sept. . . ●and others before and since , their professed open oppositions , impeachments , against the very proceedings , votes , orders , ordinances , members of both houses of parliament , which first raised them principally for their defence ; b see their impeachments , printed in their books of declarations . the history of indepency , and my speech in parliament ] their impeachment of eleven members of the house of commons , and sundry lords at once ; their securing of above . and secluding of above five parts of six of the whole house of commons at once , their avowed marches with the whole body of the army , in battalia severall times to force the houses , seise their members , overaw , affright , dismember , dissolve the parliament it self , and their own new erected junctoes since , and justification of it to all the world in print [ see their humble answer touching the secured and secluded members , jan. . . the free state of the life of the common-wealth of england , . and their declarations concerning their dissolution of their two jun after these misdemeanours of the king without the least repentance for them , must needs bee farre more execrable , unwarrantable and criminall than the kings , and deserve a severer censure than his peccadilioes in respect of their crimes . and if by the whole armies printed remonstrance , august . . the tumult of some unarmed london apprentices , who offered some small force to the houses to the violation of their priviledges , ( without securing or secluding any one member ) deserved a speedy and exemplary capitall proceeding against the principall contrivers and actors in it , as they then declared , and vehemently urged again and again in that remonstrance . nay if by their own late printed instrument of the government of the common-wealth of england , &c. articles . . all and every person and persons , who have aided , advised , assisted , or abetted in any war against the parliament since the first day of january , . ( unlesse they have since been in the service , of the parliament , and given ●ignal testimony of their good affections thereunto ) shall be disabled , and be uncapable to be elected , or to give any vote in the election of any member to serve in the next , or in the three succeeding trienniall parliaments , and all votes and elections given to the contrary , shall be null and void . and if any person so made uncapable , shall forfeit one full years value of his reall estate , and one full third part of his personall estate , in case he shall give his vote for election of members , to serve in parliament : as they there adjudge ; though such persons as they intend thus to disable never waged any actual war against the parliament it self , or its members , immediately , but onely against the forces raised by the parliament , and so mediately and indirectly only against the parliament ( the case of all the late kings adherents and assistants , not within the letter , but meaning of these articles ) then doubtlesse those army officers , souldiers , and their confederates , who advised , aided , assisted , abetted , in one or more warres against the parliament houses , and parliament members themselves , whom they immediately assaulted , forced , secured , secluded , dissipated , dissolved , destroyed , and have justified it severall times , in print , without giving signall testimony of their good affections to the parliament ; and in this their instrument have laid * many chains , clogs , restraints , on all new future parliaments , of their own framing , inconsistent with the honour , freedome , priviledges and being of real parliaments , are by their own verdict and instrument , totally disabled ( as much as the archest malignants and cavaliers ) by the very letter of these articles , to be elected , or give any vote for the election of members in the four next succeeding parliaments ; and those who have given their votes in the late elections , have thereby forfeited at least one full years value of their reall , and one full third part of their personall estates ; and deserve as high , ( if not an higher ) censure , as any sequestered , or other delinquents condemned formerly by them , for bearing arms , levying and abetting any war , but onely mediately against the parliament ; and as high an uncapacity to be put not onely on themselves , but their heir males to serve in parliament , as the statute of r. . c. imposed heretofore on others , for a farre lesse offence ; to secure the members and priviledges of all succeeding parliaments , from such unpresidented , forcible violences , ruptures , dismembrings and dissolutions as the last parliament , sustained by the armies outrage and confederacy against them ; of which i desire onely to make them truly sensible . and farther to convince the army-officers , souldiers , of their late great injustice to , and affronts , contempts , against the parliament which raised them , in relation to our ancient fundamentall government and chief members of the parliament ; i shall desire them and all their confederates in cold blood , seriously to consider , whether they have not , by their undutifull , violent proceedings against them contrary to the votes , declarations , remonstrances of the parliament , endeavoured ( as much as in them is ) to falsifie this clause in in both houses declaration nov. . . * although they would perswade his majesty , that there is little confidence to be placed in our modesty and duty ; yet as god is witnesse of our thoughts , so shall our actions witnesse to all the world ; that to the * honor of our religion , and of those who are most zealous in it ( so much strucken at by the contrivers of that declaration , under odious names ) we shall suffer more for and from our soveraign , then we hope god will ever permit the malice of evill councellers , to put us to : and although the happinesse of this and all kingdomes dependeth chiefly , upon god ; yet we acknowledge , that it doth so mainly depend upon his majesty , and the royall branches of that root , that as wee have heretofore , so we shall hereafter , esteem no hazard too great , no reproach too vile , but that we shall willingly go through the one , and undergo the other , that we , and the whole kingdome may enjoy that happinesse , which we cannot in an ordinary way of providence expect from any other fovntain or stream , then those from whence ( were the poison of evill councels once removed from about them ) no doubt , but we and the whole kingdome shovld be satisfied most aboundantly . and on the contrary , have they not fully and actually verified , in respect of themselves and their confederates in the houses , this odious aspersion , then ( only in prediction ) cast by the king on the parliament , but by them at that time renounced with greatest detestation ; and drawn those sad consequences on the whole kingdome , wherewith both houses conclude that declaration in these words ? ) . * that the representative body of the whole kingdome ( since dissolved by the army ) is a faction of malignant , schismaticall , ambitious persons , whose designe is and alwayes hath been , to alter the whole frame of government , both of church and state and to subject both king and people to their own law●esse ●●bitrary power and government , and that they designe the ruine of his majesties person and of monarchy it self ; and consequently that they are traitors ●nd all the kingdome with them ( for 〈◊〉 act is the act of the whole kingdome ) and whether their punishment and ruine may not also involve the whole kingdome in conclusion , and redu●●● into the condition of a conquered nation ( as some army-officers , and souldiers openly averred we are now reduced to by and under them ) no man can tell : bvt experience sheweth v● and now we finde it most true in the * army-officers , councell , souldiers ) that svccesse often draws men not onely beyond their profession , but also many times beyond their first intentions . surely as the armies and their confederates late proceedings in relation to themselves , ( though not unto the forced , dismembred , dissolved parliament , and secured members ) have fully verified this charge in every particular , then reputed most false and scandalous ; ( which i thus press upon their consciences at this time , and so largely insist on , not to defame or asperse them to the world ; but to vindicate the innocency , integrity of the majority and secluded members of both houses , against the scandalous printed aspersions of militiere and other papists , to preserve and justifie the honour of our reformed religion , and of the most zealous professors thereof ; to restore , re-establish if possible , the priviledges , the freedom of all future parliaments , much impaired , endangered by their heady violent proceedings , to convince them by what jesuitical , popish , old court-principles , counsels , practises , they have hitherto been mis-guided ; and to reclaim them , as much as in me lieth , for the future from the like destructive practises , for the publick safety , peace , settlement of our distracted kingdoms ; and do most earnestly beseech them , as they are english men , souldiers , christians , seriously to repent of and lay to heart , lest they perish eternally for them at last . ) so the army-officers , souldiers , great successes in all their wars , designs and forcible proceedings against the king , parliament , kingdom , government , laws , and liberties ; as it hath caused them not onely beyond their professions , but also beyond their first intentions , commissions , protestations , to forget that gospel-precept given to souldiers , luke . . to advance themselves to a more absolute soveraign arbitrary power over them , then ever any kings of england claimed or pretended to , ( as their late proceedings , remonstrances , and transcendent instrument of the government of the three kingdoms manifest ; ) so it hath been the s principal ground whereby they have justified all their unpresidented forementioned exho●bitances as lawful , commendable , christian , and that which hath struck such a stupyfying pannick fear , such a stupendious cowardize , baseness , sottishness , into the generality of the nobility , gentry , ministery , and commons of our late most heroick english nation , that there is scarce t a man to be found throughout the realm of any eminency ( though we should seek after him like diogenes , with a candle ) that dares freely open his mouth against the most irregular , illegal , violent , destructive arbitrary proceedings , usurpations , innovations , oppressions , taxes , projects , to the shaking and utter subverting of our ancient fundamental laws , liberties , rights , properties , parliaments , parliamentary priviledges , government ; and taking away of the very lives of some ( and thereby endangering the lives of all other ) english freemen of all degrees , in mischristened high courts of justice . such a strange charm is there in success alone , to metamorphise men into meer v temporizing , slavish , sordid sotts and beasts ; yea , to cause not onely persons truly honourable , but the very x devil himself , and the worst of beasts , to be wondred after , applauded , adored , not onely as saints , but gods. we read rev. . of a monstrous deformed beast , to whom the dragon ( the devil ) gave his power , seat and great authority ; whereupon , all the world wondred after the beast , and worshipped not onely the dragon , that gave him power , but the beast likewise ; saying , who is like unto the beast ? who is able to make war with him ? and there was given unto him a mouth speaking great things and blasphemies , and power was given him to continue and make war forty and two months . and power was given unto him to make war with the saints , and to overcome them ; and power was given him over all kindreds , and tongues , and nations , and ( hereupon it follows ) all that dwell upon the earth shall worship him , whose names are not written in the lambes book of life . and another beast ( under him ) caused the earth and all that dwell therein to set up the image of this beast , and to worship it ; and he caused all both small and great , rich and poor , free and bond to receive the mark of the beast in their right hand , and in their foreheads ; and none might buy or sell , but he that had this mark ; and as many as would not worship this beasts image , were ordered to be killed . yet this blasphemous beasts reign and power continued but twenty four months , rev. . . this beast , ( in the height of his power and victories ) was by god himself , threatned to go into captivity , and be killed with the sword , as he had led others into captivity , and killed them with the sword , ver . . all his followers and worshippers shall ( soon after ) drink of the wine of gods wrath , and be tormented with fire and brimstone , &c. rev. , , , . the saints at last shall get this victory over the beast , rev. . . and the beast himself ( notwithstanding all his former victories , friends , and great armies ) was at last taken , and his false prophet with him ; and were both cast alive into a lake burning with fire and brimstone , and all his forces were slain with the sword , and the fowls were filled with their flesh , rev. . , , . from which texts i have frequently silenced , confounded some of our conquering army-officers and souldiers , whiles prisoner under them , when they were vapouring of their great victories , successes , and concluding from thence , both their saintship , and the goodness of their actions ; saying oft-times like the beasts followers here , who is able to make war with us ? and that with these genuine deductions from these texts , which they could not reply against ; worthy all souldiers their saddest meditations . . that god may , nay oft-times doth give great power to the very worst and most blasphemous of all men and beasts ; & that not only over one or two , but many tongues nations , as in this text , and dan. . , to . c. . . to . . that such beasts many times may and do not onely make war with , but even overcome the very saints themselves in battel , as the babylonians , assyrians , and other ungodly beasts did the israelites , gods own saints and people , psa . . , , &c. dan. . , , , . isa . . &c. c. . , . jer. . , , . c. . , &c. yet they were but blasphemous beasts , and wretches still , not saints . . that if such beasts have but great power and success in their wars , enterprises , against their enemies , or the saints themselves ; though their mouths utter blasphemies against the god of heaven , his name , tabernacle , saints ; though their actions , designs be never so impious , atheistical , treasonable , detestable , their power but short and fading , yet whiles they are in power and prosperity , the whole world will wonder ▪ run after , worship , flatter , saint , deifie and adore them for gods , ( as y alexander the great , and julius caesars friends , flatterers did them ; and some wicked popes favourites them too ; ) yea , set up and worship their very images , receive their marks in their hands , foreheads , and extol them to the skies , saying , who is like unto the beast ? who is able to make war with him ? . that such adulatious speeches , vaunts , practises as these , and such arguments of saintship or the goodness of mens causes , undertakings , actions , onely from their present power , victories and successes , are the arguments , practises , of worldly , earthly , beastly men ; of worshippers of the beast and dragon , of z assyrians , turkes , popes , not of the elect real saints of god , whose names are written in the lambes book of life ; who will neither flatter , worship nor adore such beasts , nor receive their marks in their hands or foreheads though they be prohibited to buy or sell , or slain for refusing it , by their instruments , rev. . , , . dan. . . to . . that such beasts in power , will never want under-beasts and instruments , nor yet a false prophets to perswade or enforce obedience & subjection to them , even by disfranchisements , death , lying wonders , flattering prophecies , speeches , sermons , &c. . that the power and dominion of such beasts , is given and derived to them immediately by the dragon ( the b prince of the power of the air ) onely by gods permission , not his approbation , rev. . . hos . . . thess . . , , . and that in wrath , for the punishment of the peoples sins , and destruction of the beasts themselves at last , hos . . . rev. , and , and . psal . . . jer. . , &c. c. . throughout . hab. . , , . . that this their dominion , raign and triumph is commonly very short , like this beasts here , for twenty four months , rev. . . which is but three yeers and an half . c julius caesar that great first conqueror of this island and a great part of the world ; usurping the supream power over the roman senate , and changing the government , lived onely five months a soveraign lord in peace , and then was suddenly stabbed to death in the senate-house , by those friends in whom he reposed greatest trust ; for his tyrannical usurpations , and alteration of their former government , for endeavouring ( as was suspected ) to make himself king of the romans , though he rejected the title of king when offered unto him by m. antonius , saying , that jove was onely king of the romans , that so he might seem to be compelled to receive it by the people , being their king in deed , though not in name : and for saying , that the commonwealth was but a voice or name , without a body or substance . nullum violentum est diuturnum . see isa . , and . job . , , &c. psal . . and . psal . . , . isa . . , . chron. . and sir wa●ter rawlies preface to his history of the world , worth serious perusal by the grandees of these times . . that in conclusion such conquering usurping beasts , notwithstanding all their power , friend , followers , confederates , armies , poli●ies , are usually conquered , taken , slain on earth , and cast into the lake burning with fire and brimstone for ever , for their tyrannies , blasphemies , bloodsheds , oppressions of the people and gods saints : and their confederates , arm●es false prophets , followers , adorers * destroyed with them even on earth ; and then made to drink the cup of gods wrath , fury and torments for ever in hell , isa . , and . jer. , and . rev. . , , . , that though they continue conquerors and victorious for many yeers ; and conquer not onely , one , two or three , but many kings and kingdoms ; cut off not onely the thumbs of their kings , that they might not lift up a sword against them , and their great toes , that they may not run from them , but their heads too ; yet god at last ( in his retaliating justice ) doth usually pay them home in their own coyne , as is e●ident , not onely by * bajazet the turkish emperour , our * king penda , and others in prophane stories ; but by that memorable history of adoni-bezek● ; d who after his conquest of no less then seventy kings , ( who ever in this later age , conquered one quarter so many ? ) and tyrannizing over their persons , was , by a small party of judah and simeon , fought with on his own dung-hil , his victorious old army totally routed , ten thousand of them slain , himself forced to fly , pursued , and taken prisoner by these contemptible enemies , who cut off his thumbs and his great toes . whereupon adoni-bezek ( though an idolatrous canaanite ) used these memorable words , worthy all conquerors and tyrants memorial ; recorded by god himself to all posterity , judg. . . threescore and ten kings having their thumbs and their great toes cut off , have gathered their meat under my table ( like so many dogs rather then kings ) as i have done , so god hath rewarded me : and they brought him ( prisoner ) to jerusalem , and there he died ▪ see the like retaliation threatned , inflicted . hab. . , , . isa . . . dan. . , to . obad. . ezech. . , , . rev. . , . jer. , and . nah. . , &c. rev. . . joel . , , . chron. . . compared with c. . . to the end . . that the elect saints of god , do by faith in the word of god , and upon consideration of the usual providence and justice of god towards such beasts and bloody conquerors , most assuredly foresee their downfal , and with patience expect it , rev. . , . if any man have an ear let him hear . e he that leadeth into captivity , shall go into captivity ; he that killeth with the sword , must be killed with the sword : here is the patience and the faith of the saints . o that we had this faith and patience within us now ! . that upon this faith and assurance , the true elect saints of god , neither will , nor do , nor dare to admire after , follow , worship or adore such beasts , or their image , nor receive their marks in their hands , or foreheads , though all the world else readily do it without opposition ; enduring patiently rather to be warred upon , killed , secluded from buying or selling any thing , then unchristianly to adore , subject , or enslave themselves unto them , rev. . , , . esther . , to . kings . , . john . , . dan. . , to . king. . . chron. . . to . which serious seasonable considerations , as they should daunt the hearts and allay the high presumptious spirits of the most successful conquerours , powerful usurpers over , and violent invaders of the liberties , lives , estates , rights , properties of their lawful superiors or christian brethren , and all subverters of the laws , priviledges , parliaments , government of their native country , especially against their oathes and trusts : so the meditation on them , together with the contemplation of the infinite power , wisdom , faithfulness , justice , holiness , presence , and gracious promises of god , have at all times and seasons hitherto , invincibly animated , steeled , fortified my sonl in the midst of all my sufferings , both under the domineering prelates , parliament-assaulting army-officers , the late tyrannical cashiered republicans , and all other self-created oppressing powers , which ( if not already dead and buried in the dust , with all their thoughts and high aspiring projects , ) yet shall certainly f die ere long like men , and become as dung ; yea , they have enabled me by faith and patience , to be g more then a co●quering triumpher over them : and to sing aloud with magnanimous david ( a man after gods own heart ) long before their down-fall , psal . . , , . the lord is my light and my salvation , whom shall i fear ? the lord is the strength of my life , of whom shall i be afraid ? when the wicked even mine enemies and my foes came upon me to eat up my flesh , they stumbled and fell . though an host should encampe against me , ( as they did at westminster , at my house , and in sundry garrisons , where i was a prisoner under souldiers ) my heart shall not fear : though war should rise against me , in this i will be confident . i will not be afraid of ten thousands of people that have set themselves against me round about . and to cry out in pauls words of defiance against all enemies and perils in the cause of my god and country ( uttered in his own and all true elected saints names ) rom. . , &c. who shall separate us from the love of christ ? ( or my native country , as well actively as passively considered ; ) shall tribulation ? or distress ? or persecution ? or famine ? or peril ? or sword ? ( of an whole army or other powers ) nay , in all these things we are more then conquerors through him that loved us . for i am perswaded , that neither death , nor life , nor angels , nor principalities , nor powers , nor things present , nor things to come , nor height , nor depth , nor any other creature , shall be able to separate us from the love of god which is in christ jesus our lord. and to say with him in all threatned dangers for my sincere consciencious publick services , act. . , . and now i go bound to jerusalem , not knowing the things that shall there befall me , save , that the holy ghost witnesseth in every city , saying ; that bonds and afflictions wait for me . but none of these things move me , neither count i my life dear unto me , so as i may finish my course with joy , and the ministery which i have received of the lord jesus , &c. and verily methinks the serious contemplation thereof , and of all the premises , with that of sam. . . isai . . . jer. . . ezech. . , to . matth. . , . isai . . , . coupled with psal . . . if the foundations be destroyed , what can the righteous do ? prov. . , . my son , fear thou the lord and the king , and meddle not with those who are given to change , for their calamitie shall rise suddenly ( which we have seen verified in many late changers , mock-parliaments and self-created new powers , ) and who knoweth the ruine of them both ? should now at last banish all base carnal fears out of all timerous hearts , rouse up the lan●uishing , fearful , dead , stuped spirits of our degenerated english nation , and engage them all unanimously , undauntedly to claim , vindicate , regain , re-establish those ancient undoubted hereditary fundamental rights , liberties , priviledges , franchises , laws , government , ( purchased with their ancestors and their own dearest blood , treasures ) which belong to the whole kingdom , to all true english parliaments , freemen in general , and to every of them in particular ; whereof they have of late yeers been forcibly disseised or hypocritically cheated by pretended patrons , preservers , and propugners of them , the substance whereof i have here set before their eyes in ten brief propositions , and by records , statutes , presidents , histories , contests , resolutions in all ages , undauntedly , ( as their common advocate ) asserted , fortified to my power , for their encouragement and president in this publick work . and if they will now but couragiously second me herein , with their joynt , bold , rightfull claims , votes , declarations , and resolute demands of all and every of their enjoyments , and future inviolable establishments , according to their oaths , vows , protestations , duties , manifold late declarations , remonstrances , solemn league , covenant , and the encouraging memorable presidents of their ancestors in former ages here recorded ; i dare assure them ( by gods blessing ) a desired good-success , whereof their ancestors never failed : no mortal powers nor armies whatsoever , having either impudency or ability enough to deny , detain them from them , if they will but h generally , unanimously , couragiously , importunately claim and demand them as their birth-rights . but if they will still basely dis-own , betray and cowardly desert both them and their assertors , and leave them to a single combate with their combined jesuitical enemies ( whom none take care to discover , suppress or banish out of our realms , where they now swarm more then ever ) and armed invaders ; the fate of our old english britons , when they improvidently neglected to unite their counsels , forces against , and fought onely singly with the invading united armies of the romans , is like to be englands condition now ; i dum pugnant singuli , vincuntur universi : the single champions of our liberties , laws , rights , will be easily over-powered , destroyed , for the pesent ; and all others ( by their unworthy treachery and basenes● , in not adhering to , but abandoning their present patrons ) discouraged , disabled to propugne , regain them for the future : & the whole kingdom vanquished , enslaved to them for eternity in all humane probability , to those who have broken your k former yokes of wood , but instead thereof have made for , and put upon you yokes of iron : and by the jesuites machiavilian plots and policies , will reduce you by degrees under a meer papal yoke at last , having deeply leavened many in power and arms , with their forementioned most desperate jesuitical positions , practises and politicks , which will soon usher in the whole body of popery and all damnable heresies whatsoever , to the ruine of our religion , as well as laws and liberties . wherefore , seeing it neither is , nor can be reputed treason , felony , sedition , faction , nor any crime at all , but a commendable bounden duty , to which our protestations , oaths , leagues , covenants , reason , law , conscience , our own private and the publick interest , safety of the nation engage us , for all and every freeborn englishman , joyntly and severally to claim , maintain , preserve , by all just , honourable , publick and private wayes they may , their unquestionable hereditary birth-rights , laws , liberties , parliamentary priviledges , &c. here asserted & presented to them , after so much blood , treasure , labour spent to rescue them out of the hands of old and late oppressing tyrants ; nor any offence at all , but a praise-worthy fervice now in me , or any other , publickly to encourage them to this duty , ( and the strenuous defence of our endangered undermined protestant religion subverted , with our laws and liberties , and living or dying together with them ) at this present , as i have done heretofore upon all occasions ; and seeing none can justly censure them or me , for discharging our oathes , consciences , covenants , protestations , duties in this kinde , but such as shall thereby declare themselves publick enemies and traytors to the whole nation , laws , government , parliaments of england , as the resolutions , presidents , herein cited , yea their own best friends , ( and our reformed religion too ) have already adjudged them : i shall therefore exhort the whole english nation , and all real lovers of their own or their countries liberties , peace , laws , ease , safety , religion , and future establishment in this common cause , in the words of the philistines one to another in a time of need , when they were greatly affraid , sam. . . be strong and l quit your selves like men , o ye philistines , that ye be not servants to the hebrews , as they have been to you : quit your selves like men , fight , &c. that so ( as the apostle writes in the like case , phil. . , . ) whether i come and see you , or be absent from you ; i may hear of your affairs , that ye stand fast in one spirit , with one minde , striving together for the faith of the gospel ; ( and the ancient fundamental laws , liberties , rights , priviledges , parliaments , government and religion of our realm , which the jesuites and their instruments make their master-piece totally to undermine and subvert ) and in nothing terrified by your adversaries , which is to them an evident token of perdition , but to you of salvation , and that of god. if the presidents of your renowned ancestors here recorded ; the paterns of m many gallant pagan romans , graeoians , who have spent their lives , for their countries , laws , liberties ; or if my example and these my lucubrations shall provoke you hereunto ; i shall think my labour well bestowed ; and you and your posterities worthy to live like english free-men . but if you will now neither manfully demand , speak or contend for them any more , out of a slavish fear of a prevailing army raised onely for their just defence , or any other humane powers whatsoever ; nor once adventure with united spirits now at last so much as confidently , and boldly to ask these unquestionable birthrights at the thrones of any mortal grandees , your fellow-subjects , when god almighty himself commands you , to come with boldness to his coelestial throne of grace , that you may obtain ( not meer right as here , but ) mercy it self , and grace to help in time of need , heb. . . qui timide rogat , docet negare ; you can neither hope for , nor ever obtain them for the future , but deserve eternally to forfeit them , and you and yours to be made slaves for ever : however i ( though these collections prove successless ) shall carry this as a comfortable cordial with me to my grave , that i have faithfully discharged my conscience and b●unden duty to my degenerous native country , by endeavouring all i could both to make and preserve it free indeed , to detect and prevent all jesuitical plots and practises , to undermine , embroyle , divide , subvert , ruine it ; and used my utmost sincerest constant endeavours in my place & calling herein . but if through the malice , tyranny or injustice of any prevailing enemies of publick freedom , or jesuitical agents , i shall chance to suffer for it in any kinde ( as i have formerly done for most of my publick services of this nature ) be it close-imprisonments , fines , pillories , stigmatizings or death it self ; i shall onely say beforehand , as gregory the great did heretofore : indict . . epist . . in causa qua deo placere cupio , homines non formido : and as noble heroick esther did , in a like publick case for her endangered captivated nation , n if i perish , i perish : and this my unrighteous suffering , shall be a new glorious crown of martyrdom to my head , both in earth and in o heaven it self : when the crowns , names , fames of all my causeless malicious enemies , adversaries , persecutors , and all enemies to our laws , liberties , priviledges , parliaments , kingdoms , church , religion , shall fade , stink , perish like dung , and be had in perpetual execration in all our three kingdoms ; yea , my bonds , blood , books , shall ( i hope ) through gods own blessing on them , prove semen ecclesiae , reipublicae , regni , legum , libertatum ac paliamentorum angliae , in future ages , when their carcasses , who are publick enemies to , and subverters of them , shall lie rotting in their graves , and their souls ( without sincere repentance ) be scorching , roaring in infernal flames , if not rise up in judgment against and condemn them before all the tribunals in earth and heaven , both now and hereafter , at that great judgment-day , when i , they , and all mankind shall and must p appear naked , upon equal terms ( stript quite of all armed guards and earthly greatness , to secure them from being brought to judgement ) before the tribunal of jesus christ himself , ( in the view of all the holy angels and mankinde ) to give an account of the things done in the body in this world , according to that i and they have done , whether it be good or evil ; when all hypocritical maskes , disguises , carnal state-policies of pretended necessity , publick safety , danger , justice ; with all other machiavilian unrighteous practises to guild over the most unrighteous , impious , oppressing , bloody , treasonable , perfidious publick actions , will prove but so many aggravations of politicians crying sins , and of their eternal punishments for them . to draw towards a conclusion ; i shall recommend to the whole english nation and all cordial well-wishers to the prosperity , peace , settlement of our distracted kingdoms , churches , and endangered religion , either in or out of power , these five considerations more , which have deeply affected my spirit , and particularly engaged me in this undertaking , for their better information , and our common preservation from total and final impendent ruine . . that a father parsons , the trayterous english jesuite and his jesuitical society some yeers since prophesied , that they have it by revelation , that by special commandment from god , their order and society , was miraculously instituted for this end , to work a dismal change amongst us : that the time is come , wherein all laws , customs and orders must be altered , and all things turned upside down : and that they being the onely men that have the name , office and authority of jesus , by them it is , that this marvellous change & alteration shall be wrought in such sort , as from the beginning of the world was the like never heard of before , to this present . and may we not then justly suspect , fear , conclude , that all our late dismal changes and turning all things upside down in our church , state , kingdoms , parliaments , were originally promoted , contrived by the jesuites , and effected by the seduced officers and souldiers , as their del●ded instruments ? . that this jesuite parsons in his books of the reformation of all the states of england , as he prescribed reformations to the prince , court , counsellors , noblemen , bishops , prelates , pastors , universities , lawyers , laws , in which he will have strange metamorphoses ; so likewise , the court of parliament he will have brought to better form , as w. w. ( a secnlar priest ) in a dialogue between a secular priest and a lay-gentleman , printed at rhemes , anno . watson in his quodlibets , p. . to . . to . william clark ( a secular priest in his answer to father parsons libel , p. . &c. ) in direct terms attest . and may we not then justly suspect , that the late new-models and reformation of our kingdoms , parliaments , government , laws , &c. proceeded primarily from the jesuites projections and plots against them , if the statutes of eliz. c. . eliz. c. . eliz. c. . jac. , , , , . jac. c. . and the manifold declarations of both houses of parliament , exact collection , p. , , , , , , , , , to . may be judges ? . that the jesuites drift directly is ( immediately by means of * conquest intended for england ) to bring it and all christendom into an uproar , for common souldiers to examine their soveraigns , what title they hold by ; that thereupon themselves by craft , money and multitudes gathered together through their policy , may bring england , ( and then ) spain , and all the rest under their subjection and monarchy : and that principally by this jesuitical position , that every precopie , or tartarian multitude , getting once the stile and title of a publick state , or helvetian commonwealth , may alter , change and innovate the course of inheritances and succession to crowns and kingdoms , and also to every private persons heritage holden in fee-simple : as d william watson assures us in these very terms . and whether the jesuites have nor instructed our army-officers and common souldiers upon this pretext , and for this very end , to examine their soveraigns , yea , our parliaments titles , priviledges , and powers too of late , and dispose of them at their pleasure ; let themselves , the whole nation , with all in present power , in the fear of god , most seriously consider , without passion or affection , before it be over-late . . that the oaths of supremacy and allegiance specially made & prescribed by our most wise , zealous , c protestant parliaments , to prevent the treasonable plots and designs of popes , jesuites , and papists , against our protestant princes , realms , parliaments , religion , though confirmed by many statutes , and containing in them onely the declaration of such a duty , as every true and well-affected subject , not onely by the bond of allegiance , but also by the commandment of god , ought to bear to the king , his heirs and successors ; and none but persons infected with popish superstition formerly oppugned , ( as the prologue of the statute of jacobi c. . positively resolves ) have by late state-innovators , not onely been discontinued , suspended , but declaimed against and repealed ( as much as in them lay ) as d unlawful oaths , e the new oath for abjuration of popery , with all bills against jesuites and papists , presented to the late king by both houses the last parliament , and by him consented to in the isle of wight , wholly laid aside , and quite buried in oblivion . the solemn protestation , league and covenant prescribed by the last parliament , and taken by all the well-affected in all the three kingdoms ( to f prevent the dangerous plots of papists and jesuites , and our common enemies to destroy our religion , churches , realms , government , parliaments , laws , liberties ) quite antiquated , decried , detested , and a g new engagement forcibly imposed under highest penalties and disabilities upon all men , diametrically contrary to these oaths , protestations and covenants , which have been ( by a new kinde of papal power ) publickly dispenced with , and the people absolved from them , to become sworn homagers to other new self-created lords and masters . and are not all these , to considerate zealous protestants , strong arguments of the jesuites predominancy in our late counsels changes of government ? . that the notion of the present government , ( in my weak apprehension ) deriving its original from the jesuites-late invented h present church , the onely supream power , and judge of controversies , which all men must submit unto without dispute by their determination as they must do to that present republican government , and new optimacity , and popularity lately set up instead of our monarchy . which two forms of government , as they were the inventions of factious graecians at first , which put all their cities into combustions , fury , frenzy , and civil wars against each other , to their utter overthrow in conclusion , witness these verses of i heniochus an ancient greek comaedian : tum geminae ad illas accesserunt mulieres ( ritas quae cuncta conturbarunt : optima - est nomen alieri : alteri popularitas ; ( runt . quarum incitatu pridem externatae fuso k parsons , l campanella , m cardinal rech●li●u , designed to introduce and set them up amongst us in england , scotland and ireland , of purpose to divide and destroy us by civil wars and combustions , and bring us under their jesuitical power at last , as the marginal authorities declare to all the world . and if this be undeniable to all having any sence of religion , peace or publick safety left within their b●ests , is it not more then high time for us to awake out of our former lethargy , and sordid , selfish stupidity , to prevent our ruine , by these and other forementioned jesuitical practises ? or can any english man , or real parliament be justly offended with me for this impartial discovery of them ? and for my endeavours to put all the dislocated members and broken bones of our old inverted fundamental body politick into their due places , joynts and postures again , without which there is no more n possibility of reducing it to its pristine health , ease , settlement , tranquility , prosperity , or of preserving it from per●ecual pain , inquieration , consumption and approaching death , ther●of a natural body whose principal members continue dis-joynted , and bones broken all in peices , as all prudent state-physitians must acknowledge . these five considerations , together with the premises ; will i presume sufficiently justifie this my undertaking and impartial discovery of jesuitical plots to ruine our church , religion , kingdoms , parliaments , laws , liberties , government , against all malicious enemies , accusers , maligners whatsoever , before all the tribunals of god or men , where i shall be ready to justifie them upon all occasions . in perpetual testimony whereof , i have hereunto set my hand , and by god's grace shall ever be ready to seal them and the truth of god with my blood , if called out to do it . swainswick , aug. . . will. prynne . a legall and historicall vindication of the fundamentall , rights , and laws of england . chap. iii. i have in the two precedent chapters fully proved , that the kingdome , and freemen of england have some antient hereditary just rights , liberties , franchises , laws and customes properly called fundamentall , together with a fundamentall government , no wayes to bealtered , undermined , subverted directly or indirectly to the publick prejudice , underpain of high treason in those who shall attempt it , especially by fraud , force or armed power ; and given you likewise the heads of the chiefest of them in x brief propositions . i shall now in the third place proceed , in a chronologicall way , to present you with a large historicall catalogue of the severall nationall , parliamentall , legall , martiall publick and private contests , great charters , lawes , statutes , votes , declarations , remonstrances , claimes , records , evidences , writs , oathes , vowes , protestations , covenants , excommunications , confirmations , judgments , resolutions , and principall authorities in all ages , both under the antient britons , saxons , danes , normans and english kings , till our present times ; plentifully , undeniably evidencing , declaring , vindicating , asserting , establishing , perpetuating these fundamentall , hereditary rights , liberties , priviledges , franchises , customes , lawes : and abundantly manifesting the extraordinary zeal , courage , wisdome , and vigilancie of our ancestors , to defend , preserve and perpetuate them to posterity , without the least violation or dimin●tion . i shall begin with the highest antiquities extant in our histories , pertinent to my theame , and so descend to those of punier times , relating all of them for the most part ( except here and there where the identity of the subject matter and desire of brevity occasion me to vary somewhat from this intended method ) according to their antiquity and chronologicall series of time , referring such particulars of them as relate to each of the forementioned x. propositions in the second chapter , only with figures in the margin , designing the severall propositions unto which they have more immediate reference ; without reducing these historicall collections to distinct heads under every proposition in order , as i have proposed them ; which course would have interrupted my chronologicall method , and caused a frequent repetition of sundry passages , charters , acts , oathes , records , relating to severall of these propositions for the most part , not to one of them alone , which i shall now avoid by affixing the number of single proposition whereunto they refer in the margin , eachwherewith the reader may easily compare them , with more delight , and as much satisfaction , as if i had marshalled them all in rank and file under those distinct propositions whereunto they have relation . as for those historicall passages which contain the severall publick parliamentall or martiall contests of our ancestors , with their kings and other invading nations , for their liberties , rights , laws , customes , and great charters in the generall , i have annexed no figures unto them , every of them for the most part , referring to all or most of these propositions in grosse , though not particularly specified in these contestations for them . and because i intend for the better confirmation of our antient fundamentall liberties , priviledges , freedomes , rights , lawes , government , and greater benefit of posterity , briefly to passe through the severall successive reigns and dominions of the britons , romans , saxons , danes , normans , as well as of our english kings since the conquest ( as we usually style it ) whereon i shall principally insist , as of greatest , nearest concernment to us of this generation , i shall for order sake , divide this chapter into distinct sections : the rather , because the largenesse of it may occasion the stationer to publish it ( as he did the two first chapters ) in severall parts , as they shall be printed , the compleating of the whole requiring longer time ( in respect of my remotenesse from the presse , and the largenesse thereof ) then the present usefulnesse of each part , and the longing desires of some readers after it , would willingly allow for its publication in one whole volume , which every mans purse who desires it , cannot so easily purchase in these necessitous times , as it may do in parcels . section i. concerning the ancient britons contests for their liberties and lawes , against tyrants , and invaders of their fundamentall government rights , and of their great councels till the romans couquest . it is agreed by all our historians , that the britons were the originall known inhabitants of this iland , from whom it was stiled britain ; but from what forrain nations the britons descended , our antiquaries differ in opinion : our later writers herein dissenting from those of former ages , with whom i must begin . most of our a antient historians , and the whole famous parliament held at lincolne , anno e. . ( in the learned * letter therein compiled and agreed to be sent by the king to pope boniface , to prove the subjection and homage of the kingdome and kings of scotland from time to time to the kings of england iure dominii , as supreme lords thereof , by historicall precedents in former ages , collected out of all histories and records then extant ) unanimously record , that the britons originally descended from the trojans ; that they arrived here in britain about the dayes of ely the priest , under brute their first king , who divided it at his death into three distinct parts and kingdomes between his three sons ; leaving that part thereof now called england ( then loegria ) to loerinus his eldest son and his heirs , as an hereditary , not elective kingdome , according to the custome of the trojans ; b petebal enim troana consuetudo , ut dignitas hereditatis primogenito perbeni●et , as our historians ; and that whole parliament of e. . resolve . so that an hereditary kingdome and monarchicall government by kings , was the originall fundamentall government setled in this iland by brute ; and that as well in those parts thereof since called scotland and wales , as england , which all our c historians , asserting this originall of the britons unanimously attest , with that answer which diana gave unto brute before his arrivall in britain , when she directed him to come and seat himself therein , further evidenceth , if we may give any credit hereunto . brute sub occasu solis , trans gallica regna insula in oceano est , undique clausa mari : insula in oceano est habitata gigantibus olim , nunc deserta quidem , gentibus apta tuis . hanc pete , namque tibi sedes erit illa perennis , hic fiet natis altera troja tuis . hic de prole tua reges nascentur , & ipsis totius terrae subditus orbis erit . with this concurreth the more authentick testimony of d cornelius tacitus ; the britons heretofore were governed by kings ; now they are divided by petty princes into parties and factions : with that of pomponius mela , britain bringeth forth nations , and kings of nations . the very first act that made their first king brute most famous before his arrivall in britain , e was his delivering of trojans , his native countrymen ( with their wives and children ) from their servitude and bondage under king pandrasus and the graecians , whom he vanquished and took prisoner in battle , and thereby restored them to their lost liberty . after which victory , brute major●● na●u convocavit , assembling the elders of the people ( in nature of a parliament ) demanded their advice , what he should do with pandrasus , and what things and conditions he should for their benefit demand of him , which he would willingly grant being in their power . whereupon some advised him to demand a part of his kingdome for them freely to inhabit : others counselled , rather to demand of him free liberty for them all to depart thence , with accommodations for their voyage to seek another habitation elsewhere ; others advised to bring pandrasus forth a●d to put him to death , and seise upon his realme , in case he refused to grant their demands . at last mempritius , a great counsellor standing up said , regem interficere cupiditate dominandi nefas mihi videtur , cum omnibus licitum sit pro patria pugnade ; to slay a king out of a desire of reigning in his stead , seemes a wickednesse unto me , seeing it is lawfull to all men to fight for their country : ( this was the divinity and morality of the very pagan britons in that age ) whereupon i rather advise , that we should demand his eldest daughter from him as a wife for our captain brute , and a good sum of gold and silver with her for her dowry , with ships and all other necessaries for our jouruey , and free license to transport our selves to some other country , because we can never hope to live peaceablely there , seeing the children and nephewes of those which we have newly slain in these warres , would meditate revenge . to the which , tota multi●udo acquievit , all the multitude assented ; and pandrasus to save his life and gain his inlargement , willingly condescended to , furnishing them with ships and provisions . with which brute and all his associates arriving at totnes in albion , seating themselves there , brute from his name styled this iland britain , and his companions britons , destroying those few gyants which formerly possessed it ; and then building a city which he styled troy-novant ( now london ) dedicavit eam civibus jure victuris , deditque legem qua pacifice tractarentur . in this history of our first british king brute , we have these . remarkable particulars ; . a warre to shake off slavery , and recover publick liberty . . a kinde of generall parliamentary councell summoned by brute , of all the elders of the britons , to advise of peace , warre , and of their common safety and affaires . . a resolution against killing even a tyrannicall oppressing king , taken in the field in battle , out of covetousnesse to enjoy his crown and dominions , as a most wicked act . . a setling of an hereditary kingly government in this isle upon the very first plantation of the britons in it . . lawes made and given to the people , whereby they might live peaceably without injury or oppression . this kingdome descended in lineall succession from brute and his posterity , to f leir son of king bladud , who reigning . years , and having only three daughters , consilio procerum regni , by the counsell of the nobles of the realme ( assembled in parliament ) gave two of his daughters in marriage to the dukes of cornwall and albania , with one moiety only of the iland whiles he lived , and the whole monarchy of britain after his death . after this , porrex slaying his elder brother ferrex to get the crown , was slain by his own mother and her maids for his treason and fratricide ; whereupon civill discord arising a long time , the kingdome thereby was subjected to five severall kings , who infested one another with mutuall slaughters , till g dunwallo molmutius succeeding his father clotho king of cornwall in the crown , slaying the usurping kings of loegria , wales and albania , reigned alone over them ( about the time of nehemiah ) after which he enacted certain laws , called molmutine laws ; which for many ages after were very famous and generally observed among the britons ; yea used , commended by the saxons and english , and inserted into edward the confessors lawes , being famous till william the conquerours time . what these lawes were in particular , in relation to the liberty and property of the subject , appeares not ; but the issue proves , that they tended to publick peace , and preservation of the subjects persons and estates from violence . for in his reign after these lawes published ( for confirmation whereof he built the temple of concord in troynovant , where he was afterwards buried ) latronum mucrones cessabant , raptorum saevitiae obturabantur , nec l●erat usquam qui violentiam alicui ingereret ; the swords of theeves ceased , the cruelties of plunderers and violent takers of mens goods and possessions were prevented , neither was there any to be found in any place , who would offer violence to any man. moreover he ordained , that the temples of the gods , and cities , and the wayes leading to them , and the ploughs of husbandmen should enjoy the priviledges of sanctuaries , so as every person who fled unto them through guilt or otherwise , might depart quietly with leave and without arrest before his enemy . after his death ( about . yeares before our saviours nativity ) his two sons brennus and belinus , by consent divided his kingdome between them ; till brennus the younger son , aspiring after the monarchy of the whole iland , was vanquished and expelled by his brother into france . in which warre gurthlac king of denmarke , ayding brennus , was taken prisoner by belinus , qui convocavit omnes regni proceres , &c. who called together all the nobles of the realme to yorke , consilio eorum tractaturus , to debate by their councell ( in nature of a parliament ) what he should do with gurthlac , who proffered to submit himself with his kingdome of denmarke to him , to pay him an annuall tribute , and to ratifie this agreement by his oath , and sureties for his inlargement and ransome ▪ whereupon the nobles resolved , that he should be enlarged upon this condition , which was done accordingly : convocatis proceribus cum id judicatum fuisset assensum prebuerunt cuncti that he should be enlarged upon these conditions , ; as the marginall authors record . after which king belinus obtaining the government of the whole iland , confirmed his father molmutines laws , commanding upright and stable justice to be done throughout the land , and the wayes to the temples to be marked out in all places with stones , that they might not be ambiguous , being priviledged from arrests and violence . this king addicting himself constantly to justice , the people thereby became more wealthy in few years , then ever they had been in former times . after this brennus arriving with an army out of france to recover his right ; belinus being ready to encounter him in a set battaile , their mother mediated a peace between them , whereupon they lovingly embraced each other : and going to troinovant , inito concilio quid agerent ; having there hold a councell what they should do , they resolved to send a common army to conquer france , and other forain parts , which they put in execution . here we have matters of warre and peace , and lawes concluded and ratified in and by a parliament of nobles in this age . king i guithelin , to whom the crown lineally descended from belinus , married martia a noble woman , learned in all arts , who invented the law which the britons called martiana ; which king alfred approving , translated into the saxon tongue and called it marchen leage . king edward the confessor making use of it in the collection and compiling of his lawes , hereafter mentioned . though this queen first invented this law , no doubt it was ratified by publick consent of the king her husband , and the nobles in their generall councell in that age , else it could not have the force of a law , by her bare penning of it . gorbonius grandchild to guithelin and martia coming to the crown by descent , governed his people most justly according to these forecited lawes , it being his continuall custome , to give due honour to the gods in the first place , and then to administer right justice to the people . he encouraged husbandmen in their tillage , and defended them from the injuries of their lords ; and he inriched his souldiers with gold and silver , so as none of them had need to do any injury or violence to any other . k archigallo his brother succeeding , degenerated from him in all his actions ; for he endevoured every where , nobiles quosque deprimere , to depresse all that were noble , and to advance ignoble persons , to take away rich mens goods and mony by violence , thereby heaping up infinite treasures : which the nobles of the realm refusing to endure any longer , rose up against and deposed him from his royall throne , creating his brother elidurus king in his stead . he , after five years reign , meeting his deposed brother in a wood as he was hunting , ran to him , imbraced , kissed and brought him to his own royall bedchamber privately , and then summoned proceres omnes et principes , all the nobles and princes of the realm to come speedily to his city of alclud ; who repairing thither , he saigning himselfe to be very sick , commanded every of them one by one , to come into his bedchamber to visite him : which they thus doing , he threatned presently to cut off all their heads as they entred singly , unlesse they would consent to submit themselves again to archigallo as their soveraign ; which they , through fear of death assenting to , he made an agreement between them , and then carrying him to yorke , took the crown from his own head , and set it on his brothers archigallo . for which memorable self-denying pious act to his brother , he was styled elidurus pius . archigallo upon his restitution corrected his former errors , deposed all ignoble persons , advanced the nobility , permitted every man to enjoy what was his own , and administred right justice to his people . ennianus his son ( king after him ) treating his subjects ill , was deposed by them from the throne of the kingdome , because he contrarying justice , preferred tyranny ; edwallo being made king in his place : who instructed by his predecessors oversights , jus atque rectitudinem colebat , followed law and rectitude , as did others of his successors . our m histories record , that about . years before our saviours birth , julius caesar having conquered france , espying britain from thence , having learned the name of the i le and nation , sent messengers thence to cassibelan king of britain , exacting with threats an annuall tribute from him and the britons to be paid to the roman senate , as well as from other naiions , else he should be enforced to transport his army and shed their bloud . whereupon cassibelan returned this answer to him in writing . cassibelanus king of the britons to cajus julius caesar , marvellous , o caesar , is the covetuousnes of the roman people , who thirsting after gold and silver in all places , cannot suffer us placed beyond the world , within the perils of the ocean , to be quiet , but presume to affect our tribute and revenues , which we have hitherto peaceably possessed . neither verily will this suffice , unlesse renouncing our libertie we shall make subjection to him ; and thereby undergoe perpetuall servitude ; therefore caesar thou hast demanded a shamefull thing ; seeing the vein of common nobility flowes from aeneas , both to the britons , and romans , and one and the same bond of kindred , lives still in both , whereby they ought to be knit together in firme amity . this therefore should have been required of us , not servitude , because we have learned , rather to give this then to bear the yoake of servitude . for we have been so much accustomed to inioy liberty , that we are altogether ignorant what it is to obey servitude . which liberty if the gods themselves should endeavour to take from us , verily we would strive with all our might to resist them , that we might retain it . be it known therefore to thee caesar , that we are prepared and resolved to fight for it , and for our realm , if , as thou hast threatned , thou shall begin to come upon the isle of britain . hereupon c●sar preparing his navy and forces , arrived with his army at the mouth of thames : the britons though at civill warres among themselves before , upon this necessity , united themselves together to oppose the romans , and communi consilio , ( as n caesar himself and others write ) by common advice and assent , ( in a parliament of that age ) elected cassibelan for their generall , and committed the managing of the warres to him : who gathering the whole strength of the britons together consilium querens a principibue regni , as some , and a proceribus suis , as others record ; taking councell with the princes of the realme and his nobles , how to re●●e the enemies , they resolved to resist their landing , and to assault them in their tents , before they had fortified themselves , or taken any towne , and so to repell them . which advice they pursuing , opposed their landing , and forced the romans that were landed to their ships , and compelled caesar to returne into france , as our british historians assert , though caesar in his commentaries , to cover his dishonour , relates the contrary . the year following caesar recruiting his army landed again in cornwall , and was repulsed by cassibelan the second time with great losse . whereupon cassibelan joyfull of his victory , returning to troinovant , edictum fecit , ut omnes proceres britannie convenirent , made an edict , that all the nobles of britain should assemble together at troinovant , to offer publick prayses and sacrifices to his gods , who had made him to triumph over so great an emperor as caesar : at this assembly , evelin nephew to androgeus duke of trionovant , playing with herelgas nephew to cassibelan , upon a sudain quarrell between them , cut of herelgas head ; at which the king being very angry , commanded evelin to be brought before his presence , and to be ready , sententiam quam proceres dictarent , or talem sententiam quam proceres regni judicarent subire , to undergoe such a sentence and judgment as the nobles and peers of the realme should pronounce , that herelgas might net remain unrevenged , in case he were unjustly slain . androgeus suspecting the kings minde towards his nephew , answered , se●e suam curiam habere et in illa diffiniri debere , * quicquid aliquis in homines suos clamaret : si ergo rectitudinem evelino decrevisset appetere , ipsum in urbe troinovanto ex veterum traditione recepisset . that he had his own court , and that in it what ever any one complained of against his men , ought to be determined , therefore if he decreed to desire justice against evelin , he might receive it in the city troinovant , according to the custome of the ancients . upon this answer , they departing discontented one from another , cassibelan threatned to invade and waste androgeus his country withfire and sword , unlesse he delivered up his nephew to justice ; which he peremptorily refusing , cassibelan wasted his country accordingly , notwithstanding all his entreaties by his kindred and friends to divert him from it . hereupon androgeus sent messengers to caesar , complaining of this ingrate and injurious violence , and craving assistance from him against cassibelan , ( who endeavoured to disinherit him of his country by whose meanes he had inherited his own , and gotten the victory over the romans ) promised to joyne his forces with him , and so make him lord of all britain , if he would by his power restore him to his former dignity and possessions : for which he giving hostages to caesar ; he thereupon returning into britain routed cassibelan and his whole army by androgeus his means , and besieged him in a steep mountain to which he fled , where he was very likely to be taken prisoner in a few dayes by famine . cassibelan thus destressed , sent to androgeus , to remit the former injuries he had done him , and to make his peace with caesar . upon which he returning to himself , taking pity on his own nation , and soveraign , though he had done him so much injury , repaired and used these memorable words to caesar . behold thou hast sufficienily revenged thy self upon cassibelan , and subjected britain to thee by my assistance ; noluerunt dii omnipotentes nostri , ut dominum meum morte turpissima condemnnari , aut vinculis patiar irretiri . habeto igitur misericordiam de eo ; quia me vivente ipse periolitari non poterit , cui auxilium meum reddere non erubescam , nisi consilio meo parueris . for our omnipotent gods will not that i should suffer my lord and king to be condemned to a most shamefull death ; or to be bound in chaines . have mercy therefore upon him ; because whiles i live he shall not be in danger , to whom i will not be ashamed to contribute my aide , unlesse thou wilt obey my counsell . ( o the memorable faith and loyalty of this much oppressed , injured noble pagan briton , to his soveraign in his distresses , notwithstanding all his former injuries and oppressions , worthy all heroick saints and true christian loyall english subjects imitation , and shaming some strange extravagant contrary practises of late times ! ) upon which speech , caesar being pacified , made this agreement with cassibelan : that he should promise to render to caesar and the romans , three thousand pounds of silver every year , by way of tribute . and so being made friends they bestowed mutuall gifts on each other . after which caesar wintering in the island , returned in the spring with his army into france , and from thence marched towards rome against pompey . from these few passages of the antient britons , before and till the roman conquest , it is apparent ; . that the ancient fundamentall government of the britons in this island , was only an hereditary kingship and dominion . and although , about caesars time , they had many petty kings and kingdomes , yet those kings had the style , honor , power of kings , within their respective kingdomes , and were hereditary , as tacitus , dion , and others cited by q mr. camden attest , as well as our british stories . . that the british kings were obliged to governe their subjects justly , and righteously , according to the established lawes of those times , which secured their liberties , properties , goods , lives against all violence and arbitrary tyranny , rapines , taxes . . that the r britons had their nationall councels or parliaments , consisting of their kings , princes and nobles , wherein they consulted of all weighty affaires , concluded of warre and peace , and enacted and confirmed publick lawes . and the rarity of these common-councels ( by reason of their intestine discords ) was the greatest help and advantage the romans had to conquer them , as tacitus observes in the life of agricola . . that they had legall and proper courts for trying all differences and malefactors according to their lawes and ancient customes and tryals by their peers . . that they were very zealous carefull and , couragious to defend their liberties , properties , laws against all tyrannicall oppressing kings , usurpatio●s and forain invaders , and to spend their lives in their defence , not induring slavery , bondage , or tributes . . that their nobles were persons of greatest power , had in great respect , and consulted with by their kings upon all occasions , as their great councell , they doing nothing of moment but by their advice and consent . . that though they were stout opposers of tyrannicall oppressing princes , yet they were very loyall and obedient to those who were just , and never offered violence to any of their persons , whom they deposed for misgovernment . and so much concerning the ancient britons before and till their begun conquest by julius caesar , before our saviours nativity . years . section ii. concerning the britons contests and warres against tyrants and forain invaders for their liberties , couutry , lawes , and their great councels ( or parliaments ) from caesars conquests , during the romans dominion , and untill the saxons supplanted them , and succeeded in their places . after the death of caesar and cassibelan the britons continuing for a time under the government of their own hereditary kings * tennancius the next succeeding king , though he was warlike , yet vigorem justitiae colebat , he executed justice vigorously . kymbelinus his son succeding him , being educated by augustus caesar , fell into so great friendship with the romans , ut cum possit tributum eorum detinere , gratis impendebat ; that he freely bestowed their tribute on them , when as he might have detained it , being imposed on cassibelan only by power of the invading sword of caesar without right , which bound neither him nor the britons in justice or conscience , both caesar and cassibelan being dead . in the . year of his reign our saviour christ was borne . in the † year of our saviours nativity guiderius succeeding his father kymbelinus , refused to render the accustomed tribute to the romans , which none of his ancestors from the time of julius caesar durst to refuse . hereupon anno christi . the emperor ●laudius with a great army invaded the island , to conquer and reduce it under tribute , who was encountred and routed by guiderius at the first , but he being afterwards slain by the policy of laelius hamo , the britons being likely to lose the field , arviragus the slain kings brother , putting on his armes , encouraged the britons so , that they forced the romans to forsake the field . claudius afterwards besieging arviragus ( who succeded his brother ) in winchester , they fell to a treaty . claudius proffered arviragus , that he should marry his daughter , and hold the kingdome of britain peaceably from the romans under the ancient tribute ; upon which , suaserunt majores natu arbiago promissionibus claudii acquiescere ; the elders ( assembled no doubt in councell about it ) perswaded arviragus to consent to claudius his promises , for they said , it was no disgrace to him to be subject to the romans , seeing they enjoyed the empire of the whole ; world : paruit arviragus & consilio suorum cesari subjectionem fecit : arviragus obeyed , and by the advice of his councell did homage to caesar . anno christi . arviragus refused to be any longer subject to the roman power , or to pay them tribute . whereupon claudius sent vespasian to reduce him to obedience ; who after one battaile fought with great losse on both sides , came to an agreement . after which * anno . joseph of arimathea with xi . more of phillips disciples arrived in britain , and preached the gospell boldly ; to whose preaching arviragus ( cum proceribus suis ) with his nobles and people , hearing such new and unaccustomed things , utterly refused to consent to their doctrine , neither would they change the traditions of their fathers yet because they came from far , and their lives held forth modesty and meeknesse , the king at their petition , granted them the isle of ; glastonbury , then horrid and untilled , surrounded with woods , bushes and lakes , to inhabit . which grant his two next successors marius and coillus , † ( who exercised justice and law , reverenced the nobles of the realme , and paid the tribute to the romans , because all the world was subject to them , ) by his example confirmed ; giving to each of them one hide of land a piece ( to this day called the . hides of glastonbury ) confirmed to the abby of glastonbury , afterwards by the charters of many of our christian saxon kings , ratified in their great councels and parliaments . by these passages it is clear , that taxes and tributes not granted and assented to in parliament , though imposed by a conquering invader , binde not the nation , or succeeding kings . that matters of peace and warre were determined in common-councels and parliaments in that age ; that no publick change in religion or customes could be made without the kings and nobles consents ; and that the grant of the king of any crowne lands without common consent in parliament , bound not his successors , unlesse they specially confirmed them by their new charters . how many bloudy battails with various successe the ancient britons under the conduct of their kings and queens fought against the roman emperors , claudius , vespasian , and their generals , officers and forces after julius caesars time , for defence of their native liberties , rights , lawes , government , country , and to exempt themselves from all tributes , taxes , purveyances , imposed on , or exocted from them by the romans . how impatient they were of bearing any taxes or imposts , they never knowing what servitude was , being borne only for themselves , and alwayes free unto themselves , free from all contagion of tyranny . how oft they revolted from , and rebelled against the romans from time to time for their oppressions , taxes , turning them out of their ancient inheritances by force , and using them rather like slaves then freemen . you may read at large in cornelius tacitus , annal. l. . and in the life of agricola , in mr. camdens britannia , p. , to . speed , holinshed and others , and more especially in the notable speeches of caractacus and galgacus , encouraging the britons manfully to fight for their country , liberty , lawes , &c. recorded in these authors ; the later of them thus justly taxing the romans usurpation , ambition , covetousnesse , rapines and tyranny in these words ; a robbers they be of the world , who having left no more land to spoile , now search also the sea. if their enemies be rich , they covet their wealth ; if poor , they seek to gain glory ; to * take away by main force , to kill and spoyle , they falsely terme empire and government : when they lay all wasie as a wildernesse , that they call peace . that every man should hold his own children and bloud most dear , nature hath ordained : and even those are pressed for souldiers and caried away to serve as slaves elsewhere ; our substance they draw from us for tribute ; our corne for provision ; our very bodies and lands they wear out and consume , in paving of bogs , and ridding of woods , with a thousand stripes and reproachfull indignities besides . slaves yet , which be born to bondage , are bought and sold once for al , and afterwards fed and found at their own expences . but britain dayly buyeth , dayly feedeth , and is at dayly charge with her own bondage . and as in a private retin●e of household servants , the fresh man and last comer is laughed and scoffed at by his other-fellowes , even so in this old servitude of the whole world , our destruction only is sought , as being the latest and vilest in accompt of all other , &c. we as yet were never touched , never foiled , never subdued ; as men therefore that mean to maintain their freedome , not for the present but for ever , let us shew straightwayes in the first joyning , what manner of men , caledonia reserved in store for her self , &c. it is not by their own vertue , but by our jarrings and discords that yet the romans are grown into fame : to our shame be it spoken , many of our own nation , now lend their lives to establish a forain vsurper , not out of any loyall affection , but out of fear and terrour , weak linkes and bonds of love . remove but them once , those who shall cease to fear , will soon begin to hate . the free cities are discontent and in factions , while those who are under them , obey with ill will , and they that do govern , rule against right . here is the generall , and here is the army ; there are the tributes , here be the metall mines , and other miseries inseparably following them that live under the subjection of others ; which either to continue or endure for ever , it lyeth this day in this field . wherefore as you are going to battle , bear in your minds , both the freedome of your ancestors , and the bondage of your posterity . upon which speech they manfully sought with the romans , preferring their liberties before their lives . about the year of christ . the romans extraordinarily oppressed the britons under claudius the emperor . laetus decianus their procurator , renewed the confiscation of their goods , which claudius had pardoned . the roman colony at camolodunum , thrust out the ancient inhabitants , seating themselves in their possessions , without any other recompence but reproachfull termes , calling them , their drudges , slaves and vassals , and the temple there erected in honour of claudius , was now become an eye-sore to them , as an altar of their perpetuall subjection , whiles the augusta●l priests there attending , wasted all their wealth under pretext of religion . and that which was their greatest grievance , prasutagus king of the iceni , famous for his riches , which he had been a long time gathering , by his will made claudius and his own two daughters his heir ; thinking by his flattery to make his kingdom and house sufficiently secure from injurie : which fell out quite contrary : for his kingdome by the roman centurions , and his house by slaves was seised on and spoyled as lawfull booty , his wife boadicia whipped , his daughters deflowred , the chiefest persons of that province dispossessed of their lawfull inheritance , and the kings kindred reputed and used as slaves . hereupon the icenians began seriously to discourse of their present bondage and miseries , made subject to a lieutenant , which sucked their bloud , and to a procurator that sought their substance , whiles with a servile fear they yealded to please the meanest souldier , as though the heavens had framed them only for servitude , and the earth appointed to bear their injuries unrevenged ; and meeting together in secret consultations , they ripped up their wrongs and oppressions , and aggravated them to the highest , saying , that no other good was to be looked for by their sufferance , but that more grievous burdens should be imposed upon them still , as men ready to bear all willingly , &c. that the roman souldiers from whose unsatiable avarice and unbridled lust nothing was free , were but a handfull in respect of the britons : that if they would but endevour to follow the prowess and valour of their ancestors , and not be dismayed with the doubtfull successe of one skirmish or two , they would soon enforce them to recede out of the island , &c. in fine they resolved , that liberty was to be preferred though bought with their lives , and bondage to be avoided if not otherwise then by their deaths . whereupon chusing boadicea for their leader , they suriously fell upon the insulting oppressing romans , slew no lesse then seventy thousand of them and their confederates , sacked and plundered their free town verolamium , resolving to extirpate and drive them out of the island . upon this suetonius the roman governor collecting all the forces he could raise against her , she made a most gallant encouraging oration to her britons , thus aggravating their oppressions . what abuse can be so vile that we have not suffered , or indignity so contemptible , that we have not borne ; my stripes , yet felt and seen against their own laws , do witnesse well what government they intend . your wealth is consumed by their wastfull wantonnesse , your painfull travels upholding their idlenesse , do seal the issues of our succeeding miseries , if not timely prevented by one joynt endevour . you that have known the freedome of life will with me confesse ( i am sure ) that liberty ( though ) in a poor estate , is better then fetters of gold ; and yet this comparison hath no correspondency in us , for we now enjoy no estate at all , nothing being ours but what they will leave us , and nothing left us that they can take away ; having not so much as our very heads tole free . other subdued nations by death are quit from bondage , but we after death must live servile and pay tribute even in our graves . have the heavens made us the ends of the world , and have not assigned us the ends of our wrongs ? or hath nature among all her free works created us only britons , for bondage ? why , what are the romans ? are they more then men , or immortall ? their slain carcasses sacrificed by us , tell us , they are no gods. but you will say , they are our conquerors . indeed overcome we are , but by our selves , our own factions still giving way to their invasions . our dissersions have been their only rising , and our designes been weakned by homebred conspiracies . we have as much to keep as birthright can give us , that is , our island possessed by our ancestors from all antiquity ; ours by inheritance , theirs by intrusion , claimes so different in the scale of justice , that the gods themselves must needs redresse . whereupon the britons fighting valiantly , lost eighty thousand of their lives to redeem their liberties ; and boadicea seeing her army routed , chose rather , out of a noble spirit , to end her life and miseries together by poyson , then to live under the roman bondage and see her country languish under their intolerable oppressions . about the year of our lord . ( or rather . ) s lucius king of britain ( who succeeded his father coillus by descent ) being converted to the christian faith with most of his nobles and subjects ( the first christian king and kingdom in the world ) petitioned pope eleutherius ( as the marginall authors testifie ) ad petitionem regis , et procerum regni britannie ( assembled no doubt in a general councell when they made and sent this petition ) to send a copy of the imperial roman laws to govern the people by : who returned the king this answer in writing . you have requested from us , that the laws of rome and caesar might be sent over , which you desire to use in the realm of britain . the roman and caesars laws we may alwayes reject , but the law of god in no wise . you have received of late through gods mercy in the realm of britain , the law and faith of christ ; y●u have with you in the realm both testaments , out of them by gods grace , per consilium regni vestri sume ●egem , by the councell of your realm take a law , and by it through the patience of god govern your realm of britain ; for you are gods vicar in the realm ▪ &c. the kings children are the christian nations who live and consist in the realm under your protection and peace , according to that in the gospell , as the hen gathereth the chickens under her wings ; the nations and people of the realm are yours , which being divided you ought to congregrate into one , t● reduce to concord and peace , and to the faith and law of christ , and to the holy church ; to foster , maintain , protect , governe and always to defend from injurious and malicious persons and from enemies . woe to the realm whose king is a childe , and whose princes eat in the morning . i call not a king a child from his nonage , but for his fol●y , iniquity and madnesse , according to the royall prophet , bloudy and deceitfull men shall not live out half their dayes , &c. a king is denominated from ruling , not from a kingdome . thou shalt be a king while thou rulest well : which unlesse thou shalt do , the name of a king shall not appear in thee , and thou shalt lose the name of a king , which god forbid . almighty god grant you so to rule the realm of britain , that you may reign for ever with him , whose vicar you are in the realm aforesaid . this epistle shewes , that the power of making laws was vested only at that time , in this popes judgment , in the king and his great councel of the realm , and that kings only ought to rule and govern their people righteously , according to the laws of god and the realm , as gods vicars upon earth , and to protect them from all violence , wrong and enemies . t matthew parker archbishop of canterbury , thus comments on this epistle : that in condendis legibus , in making laws , the king needed not the popes authority or assistance , having the books of the old and new testament , out of which adhibito procerum consilio , by the counsell of his nobles , he might take holy laws , without any error , being sufficiently supported with his own , not a forain authority he being gods vicar in his own realm ; and representing his power to his people . after which , this king ( by advice and consent of his princes and nobles ) built and endowed many churches with glebes and lands , abundantly confirming them with charters and muniments , and likewise ordained , that churches and churchyards should be so free , that no malefactor or other persons flying to them , should be arrested , or suffer any violence in them . king u lucius dying without heir ( anno dom. ) thereupon discord arose amongst the britons , which gave great advantage to the romans ; who thought at first they x suffered the british kings to reign under them , making them the instruments of their own and their peoples slavery , by their compliance with the romans ; yet at last perceiving , that divers of th●se british kings , y to regain their own and their peoples liberties , did oft times rebell and raise up warres and seditions against them : thereupon after king lucius his death ▪ to keep the island in greater quietnesse and subjection under them , they made a decree , that none of the british bloud or race should from thence forth be invested with royall dignity in the isle ; ( as the principall means to keep them in perpetuall slavery ) and insteed of one king , they placed over the britons in every province first , a lieutenant with severall * garrisons of horse and fo●t , who disarmed all the natives they suspected , sucked the peoples bloud , and vexed them with souldiers and contributions . next a procurator and publicans ▪ who like greedy●cormorants and horse-leeches , confiscated their goods , preyed upon their estates , and vexed them with perpetuall exactions , extortions and reproachfull abuses . also a pretor and proconsul , with absolute power and commission to govern them after the roman laws , ( not permitting them to use the ancient laws of their country ) and to minister justice in all capitall matters with great pompe and severity . so that the roman lawes were now only in use and force amongst the britons , which a learned poet thus expresseth , cernitis ignotos latia sub lege britannos . and withall they endevoured , constantly to nourish discord and division amongst the britons themselves , and by these wily policies kept them in subjection under them , who yet upon all occasions and advantages endevoured to shake off the roman yoak , and restore their native liberties , laws , government with the hazard of their lives , as our historians largely relate . about the year of christ . carausius a briton , having gotten a commission from rome , z to defend ▪ the sea coasts of britain from the incursions of barbarous nations , raysing great forces under that pretext , promised the brit●ns , that if they would chuse him for their king , he would expell the romans , and free the whole island from the barbarians : whereupon they all consented and made him king ; upon which he denied to pay the romans their accustomed tribute . the senate being informed hereof , sent alectus into britain to reduce it ; who joyning battail with carausius , slew him , and made a great slaughter of the britons , because they revolted from the roman republick , and subjected themselves to carausius ; who preferred their liberties before their lives . alectus taking upon him the royall diadem was soon after slain with most of his roman souldiers by asclipiodorus duke of cornwall and the britons fighting to regain their liberties ; who crowned ascl●piodorus king by common consent : he ruled them for x. years with right justice , restraining the cruelty of plunderers and swords of robbers , and freed them from the roman tribute . coel duke of colchester slaying him , and making himself king ; the romans having lost their tribute for above ten years space , sent constantius into britain to reduce it under obedience : who no sooner landed , but coel hearing of his great fame , and victories in other parts , sent ambassadors to him , craving peace , and promising subjection , which he accepted of , exacting nothing but the usual tribute . coel deceasing shortly after ▪ leaving one only daughter helena to inherit the kingdom , constantius maried and begot upon her that famous constantine the great . this emperor a constantius chlorus , coming into britain to govern it about the year of christ . finding the ill effects of others tyranny and rapine , shewed himself very loving , gentle , affable and kind to the people , little regarding his private profit , but altogether reigning to enrich his subjects : and to that end would often say , ( i would our late and present tax-imposing governours would remember it ) that it was more behoovefull for the publick , that the wealth of the land should be dispersed into the commons hands , then to lie locked up in princes coffers ( or in such a common treasury , as our new projectors have provided for it by the , . articles of their ill-sounding instrument , after which they would have us henceforth dance . ) the b emperor constantine the great , his son ( borne and crowned both king and emperor in britain ) amongst other good laws , made these two memorable ones , for the relief of poor christians injuriously banished , and deprived of their lands , and goods by diocletian , maximinian , licinius and other persecuting pagan roman emperors , about the year . wherein he restored the banished christians to their native countries , lands and former dignities , as the marginall authors witnesse . which lawes are recorded in c eusebius de vita constantini , l. . c. , . the first of them , is intituled , a law for fre●ing ( or relieving ) banished men ; to this effect . therefore all those who being brought under the cruell sentences of iudges , at what time soever it befell them , have been compelled to change their country by exile , because they neglected not what made for the honour of god and religion , to whom they had consecrated themselvos with the whole powers of their souls : all these , i say , being restored both to their hereditary possessions , and their accustomed tranquillity , may give thanks to god the setter free of all men . and those who having been deprived of their goods , & oppressed with the losse of their estates , have hitherto lived a most contemptible life , these being likewise restored to their former houses , families and goods , may chearfully prayse the beneficencie of god , who is best and mightiest . the second inscribed , a law reducing those who were banished into islands , in these words . moreover we command , that those who are now detained in islands against their wils , shall enjoy the benefit of this our provision and care ; to wit , that whereas hitherto they have been shut up on every side in the narrow cliffs of mountains , and invironed with the raging waves of the sea , being now freed from that bitter solitarinesse , utterly repugnant to the nature of men , they may return again to their most beloved friends . and whereas they have lived a long time in a filthy sordid and odious condition , having obtained a returne , as a sudain and unexpected booty , and being freed from cares and troubles , they may hereafter live a life void of fear , under our empire . in the year of grace . d octavius king of the britons dying without issue male ; leaving one only daughter , there fell out a difference among the britons , to whom they should marry her , with the kingdome ; at last in the year . magnates britannie , the nobles of britain , that they might obtain a firme peace concluded ( no doubt in a generall councell ) to send embassadors to rome , to tender the lady with the crown to maximian a roman senator , son of leolin a●briton , unkle to constantine the great ; e geoffry of monmouth and his epitomizer f ponticus virunnius thus relate the story . that king octavius being old and having one only daughter , quesivit a consiliariis suis , demanded of his counsellors , whom they desired to advance to be king after his decease ? whereupon some of them advised , that he should bestow his daughter , together with the realm , on some of the noble romans , to procure a firme peace . others advised , that conon his nephew should be installed in the royall throne of the realm , and his daughter with gold and silver married to some forain prince . whiles these things were debating , caradoc duke of cornwall came in , and gave his advice , that they should invite maximinian the senator , descended of british and roman , as well as royall bloud , to come into britain to marry the kings daughter , and with her the realm , whereby they should enjoy perpetuall peace . which conan for his own interest opposed , but major pars laudabat , the major part of the nobles approved it , and consented thereunto . whereupon caradoc sent his son maurice to maximinian , who related to him , that octavius being aged and sick , desired nothing more then to finde out such a person of honour , on whom he might bestow his kingdome with his daughter , consiliumque a proccribus suis quesivit ; and that he had demanded counsell from his nobles , to whom he might marry his only daughter , with the crown ; that the nobles in obedience to his command , decreverunt ut tibi regnum et puella concederetur , had decreed that the kingdom with the damsel should be granted to him , & that they had decreed he should come and give him notice thereof . whereupon maximinian imbracing the offer , came into britain , and landed at hampton , with a great train of souldiers ; the king suppofing them to be an army of enemies , commanded all the forces of the kingdome to be assembled and march against them , under conan ; which maximinian admiring at , and unable to resist them , sent embassadors to conan with olive branches , telling him , they were sent from rome to the king , and required peace till they knew his pleasure . and when conan doubted whether to give them peace or battaile , caradoc duke of cornwall and the rest of the nobles disswaded conan from fighting with them , and advised him to grant them peace , which he did : who being brought to london to the king , he , communi consensu , by common consent of his nobles gave his daughter with the kingdome to maximinian . by which it is apparent , that the king without consent of his nobles in parliament , could not dispose of his daughter nd ●heir to the crown , nor of his kingdome to another ; that the nobles in that age , were the kings great councell and parliament of the nation , and that the major part of them swayed all businesses , in their councels by the majority of voices : the ends for which i relate it . in the year . g maximus the tyrant king of britain , invading armoric● in france , caried such a multitude of souldiers with him out of britain , that he left almost all britain empty of souldiers and forces to defend it , carrying all the souldiers and warlike young men with him , leaving none but unmanly and country people behinde him ; and having subdued all armorica that year , he styled it little britain . the next year he sent for one hundred thousand britons more to people it , and thirty thousand souldiers out of britain to garrison the townes , and the next year he sent for eleven thousand virgins , and sixtie thousand other persons , to be transported into little britain ; whereby old britain was almost quite dispeopled , and left destitute of all defence . hereupon the huns and picts invaded and infested the britons very much , slaying the britons and wasting their cities and towns : the britons sending to maximus for assistance , he sent gratianus a senator with two legions to aide them , who slew many of the enemies , and chased the rest into islands . anno . maximus being slain at rome , thereupon gratianus taking upon him the crown of britain , made himself king thereof , after which he exercised so great tyranny towards the britons , that the common geople gathering together slew him . whereupon the former expulsed enemies returning , oppressed and afflicted the britons very much for a long time . upon this the britons , anno , and . sent to the roman emperors for aide to expell these invaders , which they sent accordingly , but in small proportion , who chasing away the enemies for the present , then encouraging and teaching the britons how to defend themselves , and make wals and fortifications to resist their invasions , returned back again by reason of other warres : upon this , their former enemies infested them more then formerly . as last , anno . in the . year of theodosius the younger , the romans by occasion of other warres withdrew all their souldiers out of britain , leaving the britons destitute , like so many sheep without a shepherd , exposed to the wolvish cruelty aud depredations of the picts , scots , norwegians , danes , who forced them to flie from their cities and houses into woods , mountains , caves , rockes , and there to hide themselves from their bloudy fury . in this distresse they sent messengers to rome with this short mournfull relation of their lamentable condition . agitio ter consuli , gemitus britonum , salutem : nos mare ad barbaros , & barbari ad mare propellunt : inter haec autem duo funerum genera oriuntur , aut enim submergimur , aut jugulamur . the messengers returning without any aid from rome , which was denied them , and relating to their country-men their sad repulse , the britons taking counsell together , how to redeem themselves in this forlorne estate , withheld the payment of their ancient tribute to the romans , which they had a long time paid them : and sent guithelin , archbishop of london , to their brethen in little britain for aid ; where being honorably received by king androenus , he acquainted him with the cause of his coming , and the great miseries and distresses of his countrymen , pressing him with many arguments , to goe and receive the kingdome of britain , which of right belonged to him , and expelling the barbarians , to dispose of it at his pleasure , and restore his country to it pristine estate , which had formerly subdued to it kingdomes far remote . to which the king answered , i formerly would have accepted of this offer of the kingdome of britain , but in respect of its present misfortunes , it is made more contemptible to me , and odious to my princes . but above all other evils , the roman power hath so much prejudiced it , that no man can enjoy a stable dignity within it , but be must lose his liberty , and be burdened with a yoake of servitude ; and who would not possesse lesse elsewhere , with liberty , then enjoy the wealth of britain under a yoak of bondage ? notwithstanding because my grandfather and great grandfather have enjoyed that island , i will deliver to you my brother constantine with . souldiers , which by gods permission will free the country from enemies , and being there crowned king , shall possesse the kingdome with glory and honour . whereupon constantine undertaking the expedition , the archbishop used these words to him ; christ hath conqueted , christ reigneth , christ commandeth , let the grace of christ be therefore present with our king of britain , who is our defence , our hope , our joy , that he may restore the miserable island to its pristine liberty . constantine taking shipping arrived at totnes with . souldiers , to whom the dispersed britons creeping forth of their holes and dens where they hid themselves , repaired from all parts ; and fighting with their enemies , obtained a great victory over them by the diligence and valour of their new king. after which facta in cicestria concione , calling an assembly at chichester , they made constantine king , and gave him a wife extracted out of the linage of the noble romans educated by guithelin . anno . king constantine being slain by a pict , ( suborned by vortigerne ) as he was hunting , h there arose a dissension among the nobles , which of them should be made king ; for aurelius ambrosius and vther , the kings sons , were sent over into little britain to be educated , and if they had been present , they could not reign by reason of their childhood . whereupon vortigerne consull of the gewis●i , who aspired after the crown with all his endevour , going to winchester , and taking constans a monk ( son of constantine ) out of his cloister , brought him to london , and there made him king , the people scarce consenting to it , because he was a mo●k : and acting the part of a bishop ( guithelin being dead ) he set the crown on the kings head with his own hands . the king thus crowned referred the managing of all affaires to vortigerne alone * who craftily committed all the castles and forts of the realm to his own souldiers , and having gotten all the forts and power of the realm into his own hands , he cunningly devised , how he might destroy the king and get the crown for himself . whereupon , he seised upon the kings treasures , augmented the number of his soldiers and servants , and perswaded the king to intertain a guard of one hundred picts ( who were at his own command , and ready to execute any treason and treachery he should prescribe them ) to guard his person day and night from enemies . the king at his perswasion entertaining these picts , vortigerne so inriched them with stipends , and feasted them with most delicate meats , that they did in a manner adore him , and aryed openly through the streets , that he was worthy to reign . when he had thus highly ingratiated himself in the favour of them all , he made them all drunk on a certain day , and then told them with tears , that he would depart out of britain , seeing he had not enough of his own to maintain . souldiers . after which , departing as it were sorrowfull to his lodging , he left them drinking in the hall ; which the picts hearing of , murmured one to another , saying , why do not we slay the monke , that vortigerne may enjoy the throne of the kingdome ? rising up therefore , being drunke , they made an assault upon the king , and slew him , and brought the kings head to vortigerne . which when vortigerne understood , he feigning himself to be very sorrowfull , brake forth into a weeping , that he might palliate the treason committed under the vaile of tears . then calling the citizens of london together , he acquainted them what had hapned , and commanded those picts to be slain and beheaded , that he might render his own fraud exeused from this wicked act . at last when he saw no man equall to himself , he set the crown of britain on his own head and overwent al the princes . he being thus advanced , the contagion of all wickednesse began to increase : scurrilous wickednesse , hatred of truth , contempt of god , wrangling , contention , riot , villany grew outragious ; so as vortigerne alone might seem to be a vessell of all wickednesse , and that which is most contrary to royall honesty , nobiles deprimens , depressing the nobles , and advancing ignoble persons both for manners and bloud , he became odious to god and men. anno . when the iniquity and levity of minde of king vortigerne was divulged to all nations round about , the scots and the picts ( one hundred of whose fellow citizens vortigerne had slain for that treason which he suborned them to act that he might get the crown ) rose up against him , and most grievously infested him and impunged the realm of britain : for consuming all things with the sword , fire , preyes and rapines , they ground to powder the sinfull nation , because it favored this vsurpers royall estate ; and thus the common people contaminated together with the king , communi percellitur ultione , is pierced through with a common revenge . and as the sword devoured many on the one hand , so the pestilence did more on the other , so as the living were not sufficient to bury the dead . the king therefore with the desolated people , tyred out with warlike incursions , not knowing what he might do against the irruptions of their enemies , inclined to desolation ; for vortigerne hereupon awaked with the cryes of the people , assembled a councell ( or parliament ) to consult what they should do in this publick distresse , requiring the advice of his nobles therein . which our historians thus relate , super statu publico in medium consulit sententias magnatum suorum explorans . so william of malmesbury . britanni injerunt consiium quid agendum ; so henry huntington ; and ethelwerdus , placuit omnibus cum rege suo vortigermo ; or as ethelwardus records it , concessit tota nobilitas , &c. at last they all agreed , and all the nobility together with king vortigerne granted and resolved , that they should call in the saxons and english out of germany to their aid , being valiant in armes , and then fixed in no setled place ; by which they conceived they should reape a double benefit : for being invincible in armes , they would easily repulse their enemies ; and being unsetled , they would reckon it for a very great benefit if they might receive some barren squalid soile and cliffs to inhabit ; and that they would never attempt any thing against them , or their country , because the memory of benefits would mollifie the genuine fiercenesse of their manners . which advice appeares to be ordered by divine providence ( write mathew westminster and others ) that evill might come upon these evill britons and their bloudy vsurper . this counsell being approved by all , they sent eminent men embassadors into germany , who might worthily represent the person of their country . the germans hearing the businesse , which they of their own accords desired , requested from them with a thousand intreaties , presently sent over hengist and horsa with three ships fraighted with souldiers and armes ; explentes petitionem regis senatusque . the king upon their arrivall meets them , bestowes rewards and the people large favours on them : then giving them their faith , they received the isle of tanoth to inhabit . this agreement likewise was made between them , that the english and saxons with invincible labours should defend the country against their enemies , and that the britons should pay them their military stipends , for whose safety they pretended to watch . and thus they received pay and lands from the britons , quasi pro patria pugnaturi , re autem vera expugnaturi susceperunt , ( as some of their profession and progeny have done of latter years ) these english and saxons ( who arrived ann. . ) soon vanquished and drove the scots and picts out of the realme , and then taking notice of the kings and britons idlenesse , leudnesse , and the riches of the isle , hengist acquainting the rest of his countrymen therewith , sent over for more forces by degrees , and for his daughter rowena ( a very beautifull maide but a pagan ) whom he maried to vortigerne , whereby he incurred the enmity of his nobles and sons , and thereupon favoured the saxons ( who promised to establish him in his throne against his enemies ) more then the britons , bestowing all kent and northumberland on the english and saxons . upon this the britons growing jealous lest their new gardians and protectors should utterly supplant , extirpate and disinherit them of their native country by degrees ( as they did in the conclusion ) they all petitioned vortigerne , to banish them out of the realme , being pagans , who ought not to communicate with christians ; but he contemning suorum consiliis acquiescere , to follow the advise of his nobles and native subjects , thereupon magnates britannie , the nobles of britaine , anno . deserting , and then depriving vortigerne of his royall power , made his sonne vortimer king. qui consiliis suorum in omnibus acquiescens , who following their counsels in all things , began to expell the saxons , and to restore the britons to their possessions , which the saxons had invaded , repairing likewise the churches and christian religion , which they had almost quite ruined , till at last he was poysoned by rowena his mother in law , anno . cum quo simul spes & victoria brtionum est extincta , & retro fluxerint . such an incomparable losse is a good king to a nation . vortimer being thus poysoned , vortigerne reassuming the crown , sends privately to hen●ist into germany , to come over to him with a small train , lest coming otherwise the britons should resist him with their united forces . hengist an. . lands with armed men , which being related to vortigerne and the nobles of t●e rea●m , they were very angry at it , resolving to give him battle ; of which hengist being informed by ro●ena , excused the matter , that he came with so great a force for fear of vorti●er , whom he thought to be alive , but being now 〈◊〉 of his death , he would commit himself and his p●ople to the kings disposall , to return or send away to 〈…〉 then as he should direct , desiring him to appoint 〈…〉 and place , ut haec 〈…〉 consensu , that these 〈…〉 by common consent : whereupon the 〈…〉 appointed a meeting at 〈…〉 , for the 〈◊〉 and saxons to treat : hengist 〈…〉 all the saxons that went to the treaty , to 〈…〉 under their garments , and upon a signall given 〈◊〉 , that every one of them should kill the bri●on that 〈◊〉 next him : whiles they were treating , hengist took hold of var●●iger●●es cloke ( which was the signall ) upon which the saxons drawing out their knives , suddainly sl●w about of the 〈◊〉 nobles , barons , and * consu●s , being unarmed , and suspecting no such thing ; but consul el●●● ▪ beholding the treachery , took up a stak● , which he there found by chance , and with it slew . saxons , till his stak● was quite spent , and then saved himself by flight . the king they took prisoner , enforcing him to grant them kent , sussex ▪ suffolke , and norfolke , which he confirmed to them with an oath , and then they rele●sed him : after which they wast●d most of the ki●gdom with fire and sword , pulled down churches , slew the pr●●sts , burned up the bookes of the holy sc●ipture , leaving nothing undone , that tyranny could effect ; and forced vortigerne , with m●st of the britons , to retire into wales for shelter in the m●●●taines . the britons thus distressed by the saxons under this bloudy usurper ( who first called them in , and under hand encouraged them against the natives ) anno . sent messengers into little brittain to aurelius ambrosius and vt●r pendragon ( then of full age , and right heires to the crown ) to come speedily over to them , with what forces they could raise , to expell the saxons , and the vsurper vortigerne , and receive the crown and kingdome of brittain , of right belonging to them : who thereupon arriving with great forces , anno : the britons repair'd from all parts to aurelius ambrosius ( the elder brother ) and assembling the clergy , forthwith crowned him for their king. which done , the britons exhorting him , in the first place , to assault the saxons ; the king mindfull of the treason done to his father and brother by vortigerne , refused to doe it , till he had first destroyed this bloudy traytor : whereupon marching with his army to gen●rium a castle in wales , wherein vortigerne was , he spake thus to his captaines . consider most noble captaines , if these walls of this tower can pr●tect vortigerne , who hath wasted a fertile country , destroyed holy churches , almost deleted christianity from sea to sea , and that which i think is more to be lamented , hath betrayed my father and brother . now most noble countrymen play the men , and in the first place revenge your selves on him , by whom all these things have come to passe , and after that turn your armes upon your saxon enemies . presently upon these words , they endeavoured to throw down the walls with divers engines . at last when other things failed , they put fire to the wooden walls , which taking hold on them , burnt both the tower and vortigerne to ashes , as some record : whereas others write , it was done with fire and lightning then sent from heaven by god upon him . the bloudy usurper being thus destroyed , this king and the britons valiantly encountred the saxons , slew many thousands of them in sundry battles against hengist and ella , whom they routed and chased throughout the realm . this king in his march , finding the churches every where destroyed to the ground by the saxons , anno . sent for work-men , and caused them to be new built , placed preshyters and clerkes in them , restored divine service to its due state , utterly destroyed the prophane temples and idols of the saxons , blotting out their memory from under heaven : moreover , he studied and commanded to observe justice and peace to churches and church-men , conferring many gifts on them , out of his royall bounty , with ample rents ; commanding all to pray for the prosperity of the realm and state of the church . the year following , by his letters directed to all the coasts of britain , he commanded all who could bear armes speedily to repair to him , and to endeavour to exterminate the pagans out of the confines of britain . whereupon all of them being assembled together , he marched with them against hengist and the saxons ; after a bloudy battel hengist was taken prisoner by duke eldol ( fore-mentioned ) and his whole army routed . the king upon this victory , coming to glocester , calling his captaines and nobles together , commanded them to resolve , what ought to be done concerning hengist ? upon which eldad bishop of glocester , brother to duke eldol , commanding all to be silent , grinding his teeth for anger , said : although all would set this man free , yet i will hew him into peices . o effeminate men , why doe yee demurre ? did not samuel the prophet , when he hewed the king of amaleck , taken in warre , in peices , say , as thou hast made many mothers childlesse , so will i this day make thy mother childlesse among women ? so doe yee likewise concerning this other agag , who hath bereaved many mothers of their children . upon which words , eldol drawing forth his sword , led hengist out of the city , and cutting off his head , sent him packing to hell . after this convocavit rex consvles et principes regni eboracvm , the king called the consuls and nobles of the realm together to york , and commanded them to repair the churches the saxons had destroyed , himself building the cathedrall there . then marching to london anno . octa and the other saxons unable to withstand his power , submitted to him , confessing his god to be stronger than their gods ; with whom he made this agreement , that they should leave kent , and those other places they possessed , and seat themselves in a country neer scotland , which he gave them . then going to ambri , he caused great stones ( there remaining to this day ) to be set up as a monument , for the noble britons there treacherously slain . where he holding a council with his bishops , abbots and other nobles , was crowned again on whitsunday , and granted the metropolitical sea of york , then void , to sampson ; and that of the city of london to dubritius , and likewise regnvm disposvit , legesqve renovat ; set the kingdomes in order , and renued the lawes . after this he and the britans had many battles with the saxons , to defend and recover their country , liberties , lawes ; till at last he 〈◊〉 tr●yterously poysoned anno . whose death the b●itons 〈◊〉 : cum quo simul militia et 〈◊〉 b●●tonvm expiravit , as mathew westminster , and others write . from this memorable story of vortigerne , aurelius ambrosius , and the britons , and saxons , these particulars are observeable . . that the british kings in those times , debated all their weighty affaires , and concluded all matters touching warre , peace , and the publick defence of the realm against invading enemies , in grand parliamentary councils , in which they likewise made laws and edicts . . that the princes , dukes and nobles ●ere the onely or principle members of the great councils of the realm in those dayes , by whose advice all things were managed . . that traytors to and murderers of their lawfull soveraignes , usurping their crownes , bring commonly great fearful judgements on the whole kingdome and nation , in case they comply with them therein . . that vortegernes treason in murdering his soveraignes , and usurping their crown , was the occasion of , and punished with the long-lasting warres with the picts and saxons ; yea , the original cause of the great revolution of the government , kingdome and country of britain from the britons to the saxons . . that although a bloudy usurping traytor may reign and deprive the right heir of the crown of his right for many yeares , yet his reign is usually full of warres , vexations , dangers , troubles , his end tragicall , and the right heir called in and restored by the people themselves at last , as her● aurelius ambrosius was after , yeares usurpation of his right : and joash in the seventh year of athaliah's usurpation . chron. . . that usurpers are apt to depresse the nobility , and oppresse the natives of the realm , for fear they should oppose their t●ranny and dethrone them . . that a●l heresies , vices , contempt of god and religion , usually s●●ing up and overspread the realm under usurpers , who give publick countenance to them to please all sides , to suppo●● u●just authority over them . . that it is i very dangerous to call in forrain forces upon any necessity into a kingdome , as assistants , who commonly prove worse enemies in conclusion , than those they are called in to 〈◊〉 . . that all mercenary guards and souldiers ( especially forraigners ) are for the most part very treacherous and perfidious , for●ibly suppressing supplanting , destroying those princes and nations they are hired to guard and protect . . that lawful hereditary kings are the cheifest patrons of gods ministers , churches , religion ; and the death of such ( then religious , just , valient ) the greatest losse and misery that can befall a nation . . that all subjects are obliged to defend with their armes and lives , their native country and lawful kings against invaders and usurpers . . that the worst of kings and usurpers , in cases of extream danger , are enforced to all common councils , and to crave the advice and assistance of their nobles ( as vortigerne did here ) as well as the justest kings . aurelius ambrosius dying by poson , without issue , anno . k vther pondragon his brother , and next heir , posting to winchester , assembled the clergy and people of the realm thither , and took upon him the crown of the realm ; which done , praecepit vther consvles svos at que principes ad sevocari , vt consilio svorvm tract aret , qvaliter in hostes irrvptionem facerent : vther commanded his consuls and nobles to be called to him , that by their advice he might debate , in what manner they should assault the enemies . whereupon they all assembling in the kings presence , upon mature debates , they all agreed to the advice there propounded by gorlois ; and encountring the saxons , slew many of them , routed the rest , took some chief commanders prisoners , and put them in prison at london , whether the king repaired . the feast of easter approaching , rex praecepit proceribvs regni ibi convenire . the king commanded all the nobles of the realm to assemble together at london , that wearing his crown , he might celebrate the holy day with due honour . all presently obeyed , and the king celebrated the festivity with joy . among other nobles , gorlois duke of cornwall was present . the king not long after being taken with a great sicknesse , octae and osa , the saxon generals , bribing their keepers , efcaped out of prison , and then collecting all their forces , resolved to extirpate the britons and christian religion out of the island ; in pursuance whereof , they wasted the land from sea to sea , sparing neither bishops , nor churches , overruning all places without resistance . the britons deserting their sick king , fled into woods and caves , refusing to follow the counsel and conduct of consul lotho , a most valiant man , whom the king had made generall of his forces . hereupon king vther being much grieved for the subversion of the realm , the oppression of the church , the desolation of the nobles , and dispersion of the people . anno . convocatis omnibvs regni svi magnatibvs , calling together all the nobles of his realm ( in a general parliamentary councel ) sharply reproved them both for their pride and s●othfulnesse , and casting out many bitter words with reproaches against them , informed them , that he himself would lead them against the enemies , that so he might reduce the minds of them all to their pristine state and audacity . and commanding himself to be carried in his sick bed in a litter into the camp , ( his infirmity not permitting him to be carried otherwise ) he marched therein with all the strength of the kingdome against the enemies , who scorned to fight with him being sick in his litter , and at last forcing them to fight , after many bloudy encounters , utterly routed their forces , and slew octa and osa their generals . anno . k the saxons treacherously poysoning this noble king , the bishops , clergy and people of the realm assembling together , buried him honourably at ambri , within the quire of giants . the funeral being ended , dubricus , the arch-bishop , sociatis sibi episcopis et magnatibvs , associting the bishops and nobles to him , magnificently advanced his son arthur ( a youth but sixteen yeares old ) to be king ; to which solemnity , convenervnt ex diversis provinciis proceres brittannorum , the nobles of the britons assembled out of divers provinces to ca●rleon , and there crowned king arthur , who having routed the saxons in twelve severall battles ; afterwards ( if we believe our british fables , as malmesbury stiles them ) conquered all france , and keeping his court at paris , convocatis clero et popvlo statvm regni pace et lege confirmavit . whence returning into britain in triumph , about the year pentecost aproaching , he resolved to keep that solemnity at caer-●eon , and there to be new crowned . whereupon he sent messengers into all the kingdomes and countries subject to him , inviting ▪ all the kings , dukes . and nobles subject to him , to come together to that solemnity , that he might ren●e a most firm peace between them . whereupon no lesse than thirteen kings , three arch-bishops , with sundry princes , dukes . consuls , earles and nobles there assembled , whose names you may read at large in geoffry monmouth . the king being solemnly crowned by d●bricius arch-bishop of 〈◊〉 , in the midst of the feasts , sports and 〈…〉 at this coronation , behold twelve men of mature age , of reverend countenance , bringing olive branches in their right hands in token of their embassy , with grave paces came to the king , and having saluted him , presented him with 〈…〉 luciu , tiberius , procurator of the roman r●publi●k , to this effect : i exceedingly admire the frowardnesse of thy tyranny , a●d the inj●ry thou hast done to rome , that going out of thy self , thou refusest to acknowledge her , neither dost thou consider what it is to offend the senate by unjust actions to whom thou art not ignorant , the whole 〈…〉 service , for thou hast presumed to detain the tribute of britain , which the senate commanded thee to pay , because caius julius and other romane emperours have injoyed it for a long time , neglecting the command of so great an order . thou hast taken away from them the province of the switzers , and all the isles of the ocean , whose kings , whiles the roman power p●evailed in those parts , pai● trib●te to our ancestors . now because the senate hath diverced , to demand justice concerning so great heapes of thy injuries , i command thee to rep●ir to rome . to answer them on the midst of august the year following , the time pr●fixed to thee ; that satisfying thy lords , thou maist submit to that sentence , which their justice shall pronounce . but if thou refusest , i my self will come in person into thy quarters , and will endeavour to restore by the sword , what ever thy frenzy hath taken away from the republick . this letter being read in the presence of all the kings and nobles present , king arthur went apart with them , to consult concerning this businesse : where craving their unanimous advise and sense conce●ning these mandates ; he said : that he thought the inquietation of lucius was not much to be feared , since ex irrationabile causa , from an unreasonable cause he exacted the tribute , which he desired to have out of britain : for he saith , that it ought to be given to him , because it was paid to julius caesar , and the rest of his successors , who invited by the divisions of the old britons , arrived with an army in britain , and by force and violence subjected the country to their power , shaken with domestick commotions . now because they obtained it is in this manner ; vectigal ex ea inivste recepervnt , they received tribute cut of it , unjustly . nihil enimu od vi & violentia acquiritur , juste ab ullo prossidetur qui violentiam intulit . irrationabilem ergo causam pretendit , qua nos jure sibi tributarios arbitratur , &c. for nothing which is acquired by force and violence , is justly possessed by any man who hath offered the violence ; therefore he pretends an unreasonable cause , whereby he supposeth us of right to he tributaries to him , now because he presumes to exact from us , id quod injustum est , that which is unjust , by the same reason let us demand tribute of rome from him , and he which shall become strongest , let him carry away that he desires to have . for if because julius caesar , and the rest of the roman emperours , have in times past subdued britain , he determines , that tribute ought now to be rendred to him out of it ; in like manner i think , that rome ought now to render tribute unto us , because my ancestors have in ancient times obtained it . for belinus , that most noble king of the britons , using the assistance of his brother brennus duke of the allobroges , having hanged up four and twenty of the most noble romans in the midst of the market place , took the city , and being taken , possessed it a long time . moreover constantine the sonne of helen and maximianus , both of them my neer kinsmen , both of them kings of britain , one after the other , obtained the throne of the roman empire . doe yee think therefore , that tribute is to be demanded by the romans ? concerning france , or the collaterall islands of the ocean , i am not to answer to them , seeing they deserted their defence , when we substracted them from their power . the whole council of kings and nobles present , assenting fully to this his opinion and resolution , promised him their assistance in this cause against the romans . whereupon he returned answer to the roman emperours by the said messengers , that he would by no meanes render them tribute , neither would he submit himself to their judgement concerning it , nor repair to rome ; yea , that he demanded from them , that which they had decreed , by that their judgement , to demand from him . and hereupon ( some say ) he writ this letter unto the senate of rome , in answer of theirs . vnderstand among you at rome , that i am king arthur of britain , and freely it hold and shall hold ; and at rome hastily will i be , not to give you truage ( tribute ) but to have truage of you . for constantine that was helens son , and others of mine ancestors , conquered rome , and thereof were emperours , and that they had and held , i shall have and hold by gods grace . whereupon lucius tiberius , by command of the senate , raising great forces amongst the eastern kings to subdue britain , was encountred and slain by king arthur , with all his roman forces , in the valley of soisie in france anno dom. . since which this tribute was never demanded . this history ( whether true or seigned ) as it declares by the resolution of thirteen kings , and a great multitude of princes , dukes , nobles , prelates , souldiers , that titles and tributes gotten by force , violence , conquest , are both irrational , unjust and illegal ; so it resolves , that the matters of warre , peace and other great affaires of the realm , were determined in parliament . that the kings , princes and nobles were the onely parliaments and parliament men of that age : that the realm and kings of england are neither tributary , nor subject , nor responsible to any forraign powers , jurisdictions , or courts whatsoever ; and that no tribute or tax can justly be imposed on , or exacted from the inhabitants of this island , but by their own voluntary grants and consents , even by the lawes and customes of the realm in the britons times ; and that whatever tax or possession was then gained by force , conquest , or armed power without just right and title , was both unjust and unreasonable . and so ought to be reputed now . quod ab initio non valet , tractu temporis non convalescit , being a principle in our law. i read in the lawes of king edward before the conquest , c. . in mr. lambards archaion , fol , . and sir edward cook his report ; calvins case , fol. , . that this most famous king arthur first invented and inacted this law , that all the princes , earles , nobles , knights , and all free-men of the realm of britain , ought to make and swear fealty to their lord the king in the full folkemote or leet , in this form ( commonly used in leets till within the six yeares last past . ) you shall swear , that from this day forward , you shall be true and faithfull to our soveraign king arthur , and his heires , and truth and faith you shall bear to him of life , and member , and terrene honour ; and you shall neither know nor hear of any ill or dammage intended to him , that you shall not defend . so help you god. and that by autherity of this law , king arthur expelled the saracens ( it should be saxons , for no saracens ever invaded britain ) and enemies out of the realm . and by authority of this law , king etheldred in one and the same day slew all the danes throughout the whole realm . surely such oathes of fealty , loyalty and homage are very ancient , as our histories manifest . king arthur being mortally wounded in the battell he fought with his nephew mordred ( who usurped the crown in his absence ) mordred being slain in the fight , arthur despairing of life , gave the crown of britain to constantine his kinsman anno dom. . who , together with the rest of the british kings , neglecting all lawes and justice , warring against each other , and degenerating into tyrants , usurpers , murderers , perjurious persons , oppressors , and the like , declined daily in their power , the saxons continually incroaching upon them in all parts , and about the year of our lord . they were quite driven out of their kingdomes , together with their british subjects , by the saxons into wales , cornwall , and little britain in france , and reduced to the extremity of all misery , as you may read at large in gildas , de excidio & conquestu britanniae ; and l others out of him . who thus describes the tyrannies and vices of those times . vngebantur reges non per deum , sed qui caeteris crudeliores extarent ; & paulo post ab unctoribus , non pro veri examinatione trucidabantur , aliis electis trucioribus . si quis vero eorum mitior , & veritate aliquatenus pronior videretur , in hunc quasi britanniae subversorem , omnium odia telaque sine respectu contorquebantur ; & omnia quae displicuerint deoque placuerint aequali saltem lance pendebantur , si non graviora fuissent displicentia . sicque agebant cuncta , quae saluti contraria fuerunt , ac si nihil mundo medicina a vero omnium medico largiretur , &c. ita cuncta veritatis & justitiae moderamina concussa ac subversa sunt , ut corum , non dicam fastigium , sed ne monimentum quidem in supra dictis propemodum ordinibus apparent , exceptis paucis , & valde paucis , &c. reges habet britannia , sed tyrannos : judices habet , sed impios : saepe praedantes & concutientes , sed innocentes : vindicantes & patrocinantes , sed reos & latrones : crebro jurantes , sed perjurantes ; voventes , & continuo propemodum mentientes : belligerantes , sed civilia et injusta bella agentes ; per patriam quidem fures magnopere insectantes , & eos qui secum admensam sedent non solum amantes , sed & munerantes ; in sede arbitraturi sedentes , sed raro recti judicii regulam quaerentes ; innexios humilesque despicientes , sanguinarios , superbos , parricidas , commanipulares ( qui cum ipso nomine certatim delendi sunt ) pro ut possunt efferentes ; vinctos plures in carceribus habentes , quos dolo sui potius quam merito proterunt , catenis onerantes ; inter altaria jurando demorantes , & hoec eadem ac si lutulenta paulo post saxa despicientes . cujus tanti nefandi piaculi non ignarus est immundae leaenae d●mnoniae tyrannicus catulus constantinus . hoc anno post horribile juramenti sacramentum ( quo se devinxit nequaquam d●los civibus , deo primum j●requejurando , sanctorum demum choris & genetrice comitantibus frelis facturum ) in duarum venerandis matrum finibus , ecclesia earnalisque sub sancti abbatis amphibalo , latera regiorum tenerrima pucrorum , vel praecordia crudeliter duum totidemque nutritorum , inter ipsa , ut dixi , sacrosancta altaria , nefando ense hastaque prodentibus laceravit , &c. quid tu qu●que catule leonine aureli canine agis ? nonne pacem pa●riae mortiferum ceu serpentem odiens , civiliaque bella & crebras injuste praedas sitiens animae tuae caelestes portas pacis ac refrigerii praecludis ? quid tu etiam insularis draco , multorum tyrannorum depulsor tam regno quam etiam vita , snpradictorum novissime in nostro stylo prime in malo , major , multis potentia , simulque malitia , largior in dando , profusior in peccato , robuste armis , sed animae forti●r excidiis , maglocune , in tam vetusto scelerum a●ramento stolide volutaris ? quare tantas peccaminum regiae cervici sponte , ut ita dicam , ineluctabiles celsorum seu montium innectis moles ? nonne in primis adolescentiae tuae annis avunculum regem , cum fortissimis propemodum militibus acerrime ense , hasta , igni oppressisti ? parum cogitans propheticum dictum : m viri inquiens sanguinum & doli , non dimidiabunt dies suos . quid pro hoc solo retributionis a justo judice sperares ( & si non talia sequerentur , quae secuta sunt ) itidem dicente per prophetam , n vae tibi qui praedaris , nonne & ipse praedaberis ? & qui occidis , nonne & ipse occideris ? & cum d●siveris praedari , tunc cades . these sinnes brought the ancient british kings , with their kingdomes and people to ruine . legitur in libro gildoe sapientissimi britonum , quod ijdem britones , propter avaritiam & rapinam principum , propter iniquitatem & injuriam judicum , propter desidiam praedicationis episcoporum , propter luxuriam & malos mores populi patriam perdiderunt , write alcuinus and o malmesbury . the lord grant they may not bring our kingdomes and nations to like ruine and desolation now . how many bloudy warres and battles the brotons , after they were driven out of their country into the welsh mountaines by the sa●ons , fought with them for the defence of their country , rights , liberties , under the conduct of valient cad●in , who after twenty four yeares civill dissention amongst the britons , and so long an inter-regnum , was p by the unanimous consent of all the princes and nobles of the britons assembled together ( in a great parliamentary councill ) at legecester elected and made 〈◊〉 of the britons ; which nobles and counsellor , would not permit him to give way , that edwin the saxon , by his permission , should be crowned king of northamberland : aiebant enim contra ivs vetervmqve traditionem esse , insulam unius coronae dvobvs coronatis svbmitti debere . and after his decease , under cadwallo his son , who succeeded him in the crown ; and under famous cadwallader , succeeding cadwallo his father in the kingly government , by lineall d●scent ; by whose death , both the royall blond , with the government of the britons , and the very name of britain it self expired ; you may read at large in geoffry monmouth , b●da , gildas , maelmesbury , huntindon , q mathew westminster , fabian , holinshed , grafton , speed and others , being over tedious to relate . the divisions and discords amongst the british nobility , during cadwalladers sicknesse , seconded with eleven yeares sere p●stilence , famine and all sorts of miseries , whereby the land became desolate , enforced them to forsake their native country , and to seek relief in forraign parts . whereupon the saxons sending for more of their countrymen into britain , replenished and planted the vacant country , dispossessing the britons totally of their ancient rightfull inheritance ; which they never since regained : after they had possessed it from brute to cadwallader , for two thousand seventy six yeares , under one hundred and two kings , as john brompton records in the beginning of his history , col . . and this shall suffice concerning the britons contests and wars for their liberties , laws , government , country , religion , against the romans , saxons , and touching their great parliamentary councils , & proceedings in them , from julius caesars to the saxons conquest , and total supplantation of them by treachery , violence and the sword ; of which violent intrusion , laeland our famous antiquary , and archbishop parker in his antiquit●tes ecclesiae britannicae , p. . give their censure in point of conscience ; who writing of pope gregories conversion of the pagan saxons ( who expelled the britons ) to the christian faith , conclude thus ; debuerat gregorius admonuisse saxones , gentem perfidam , ut si syncere christia●issim●m admittere vellent , britanniae imperivm , qvod contra sacramentvm militiae per tyrannidem occvpaverant , ivstis dominis ac possessoribvs restitverent . that is : gregory ought to have admonished the saxons , a perfidious nation , that if they would sincerely embrace christianity , they then ought to restore the kingdome of britain , which they had seised upon by tyranny , against the oath of their militia , to the just lords and possessors thereof ; ( a doctrine fit to be pressed on others now by all our ministers ) which because they neglected to doe , you may read what a divine retaliation their postetity received from the pagan danes , in the insuing sections . chap. iii. sect . iii. comprising some remarkable generall historicall collections ; proving the limited power and prerogative of the first saxons kings of england , disabled to make any lawes , warre , peace , alienate their crown lands , impose any taxes , tributes in any necessity , or kind whatsoever , but in and by common consent in the generall parliamentary councils of their nobles and wisemen , which they were obliged to summon upon all occasions , when there was need , and to govern their people justy according to law. the saxons proceedings against their tyrannicall oppressing kings ; and the severe judgements of god upon some saxon subjects , for their perjury , treachery , disloyalty , rebellion against ; expulsions , murders of their lawfull soveraignes , and unrighteous violent disinheriting the christian britons by the sword , of their native country . the british kings and britons , being for their tyranny , perjury , treachery , injustice and other sinnes related , reprehended by gildas , driven out and dispossessed of their royalty and country by the saxons a they ( about the year of our lord . ) divided it into seven kingdomes , and set up seven kings in severall parts of the island ; who soon after waged civill warres , and more than civill warres one with another . these kings all agreed , utterly to delete the name of britain , and the memory of the britons ; whereupon they by common consent ordained . that the island should not be called britain from brute , but england . b these kings were at first elected by the saxon nobles and people , to reign over them , to govern the people of god , and to maintain and defend their persons and goods in peace by the rules of right . and at the beginning ( so soon as they turned christians ) they made their kings to swear , that they should maintain the christian faith with all their power , and govern their people by right , without respect to any person , and should be subject to suffer right as well as others of the people . and although the king ought not to have any peer in his land , for as much if he did wrong , or offended against any of his people , he , or any of his commissioners , should not be both judge and party , it behoved of right , that the king should have companions for to hear and determine in parliament all the writs and plaints of the wrongs of the king , of the queen , and of their children , and especially of those , of whose wrongs one could not have right other where . and these companions are now called counts , after the latine word comites ; every o●e of which had at first a country delivered to him , to guard and defend it from the enemies ; which country is now called a county , and in latine comitatus : and these counties , together with the realm , were turned into an inheritance . so horne in his mirrour of justice ▪ in the reign of king edward the first . these english saxons from the first settlement of their k●●gdomes and monarchies , had no soveraign power at all t● make , alter , or repeal lawes , impose taxes , or alien their crown lands , but onely by common consent in general parliamentary councils , much lesse to imprison , con●emn , exile , out-law any m●ns person , or to deprive him of his life , lands , goods ▪ franchises , against the law , without any legall triall , as these subsequent historicall collections will at large demonstrate . that they had no power nor authority to make , alter or repeal any lawes , but onely by common advice and consent of their nobles and wise-men , in their great parliamentary councils of the realm , is evident by this passage of our venerable c beda , concerning ethelbert king of kent , the first christian saxon king and law-maker : he , about the year of christ . inter caetera bona quae genti suae consulendo conferebat , etiam decreta illi , juxta exempla romanorum , cvm consilio sapientvm constitvit . quae conscripta anglorum sermone , hactenus habentur , & observantur ab ea . in quibus primitus posuit , qualiter id emendare deberet , qui aliquid rerum vel episcopi , vel reliquorum ordinum furto aufernt , volens scilicet tuitionem eis , quos , & quorum doctrinam susceperat praesiare . malmesbury and huntingdon write of him . quin etiam curam extendens in posteros leges patrio sermone , tvlit , quibus bonis praemia decerneret , improbis per remedia meliora occurreret , nihil svper aliqvo negocio infvtvrvm relinqvens ambigvvm . the first law this christian king ever made by the council of his wise-men , was for god , his church and ministers , to protect them and theirs from violence ( a jove principium : ) and the next for to protect great councils and their members from injury : thus recorded by d sir henry spelmau , out of a famous ancient manuscript called textus roffensis . . quicunque res dei vel ecclesiae abstulerit , duodecima componat solutione ; episcopires , undecima solutione ; sacerdotis res , nona solutione ; diaconires , sexta solutione ; clerici res , trina solutione : pax ecclesiae violata duplici emendetur solutione : pax ( monachi ) duplici etiam solutione . . si rex populum suum convocaverit , & hos illic . quispiam injuria afficerit ; duplex esto emendatio , & praeterea . solidos regi pendito . let the forcers of parliaments consider it . to these i might subjoyn , all the ecclesiasticall and civil lawes , canons , constitutions of all our other saxon kings , before the normans reign , recorded in mr. lambards archaion , and scatteringly mentioned in beda , ingulfus , william of malmesbury , huntindon , mathew westminster , florentius wigorniensis , brompt . antiquitates eccl. britannicae , mr. seldens titles of honour , mr. fox acts and monuments , with other antiquaries and historians , all made , altered , amended , repealed from time to time by common advice and consent in their great parliamentary councils : which , because i have particularly insisted on in my antiquity triumphing over novelty , and historicall collection of the ancient great councils and parliaments of england , i shall forbear here to repeat at large , being never yet denied by any , and a truth beyond contradiction . that our saxon kings from their original institution , could not alienate or transferre to any other uses ( no not to endow churches , support gods worship or ministers ) any of their crown lands , demesnes or revenues , without common consent of their nobles and prelates in their great parliamentary councils , is apparent by the three first charters we read of granted by e ethelbert , the first christian saxon king , to the church of peter and paul in canterbnry , anno dom. . wherein the king , cvm consensv venerabilis augustini archiepiscopi ac principvm meorvm ; by the consent of archbishop augustine and his princes , first gave and granted a parcell of land , of his right , in the east part of the city of canterbury , to build a church and monastery to the honour of st. peter ; and after that by a second charter of the same date , confirmed by his own , the arch-bishops and nobles subscriptions thereto , with the sign of the crosse , he gave and granted other lands in langeport to god and his church ; and after that by a third charter , anno . he granted other lands and priviledges to it , as a testimony of his gratitnde to god , for his conversion from the errour of false gods to the worship of the onely true god ; adjuring and commanding in the name of the lord god almighty , who is the just judge of all things , that the said lands given to this church by the said subscribed charters , should be perpetually confirmed ; so that it should not be lawfull for himself , nor for any of his successors , kings or princes , or for any secular or ecclesiasticall dignity , to defraud the church of any part thereof . and if any shall attempt to diminish or make void any thing of this donation , let him be at present separated from the holy communion of the body and bloud of christ , and in the day of judgement let him be separated from the fellowship of all the saints . the two first of his charters and donations to this church , were approved and confirmed in a common councill assembled by this king at canterbury , . january anno . omnium & singulorum approbatione & consensu , by the approbation and consent of all and every of them , as you may read at large in sir henry spelman , and william thorne . this truth is further abundantly confirmed by the f charter of immunities of withraed king of kent , granted to the churches under him , anno . the charter of ethelbald king of mercia to the church of croyland , an. . the charter of king ive , of lands and priviledges to the church of glastonbury , anno . the charter of king offa of lands and priviledges to the courch of st. albanes , anno . the charter of king egfred to the same church , anno . the charter of bertulph king of mercia to the abbot of croyland , made in the parliamental great council of biningdon , anno . and of kingsbury , anno . ( a memorable president recorded at large by abbot ingulphus , hist p. . to . ) the charter of king aethelstan to the abby of malmesbury , an. . the charter of king edmond to the abbot of glastonbury , anno . and of the same edmund to the abby of hyde , anno . and to the abby of croyland the same year ; and to the abby of malmesbury , anno . with many other charters of our saxon kings , to abbies , bishops and churches , recorded in ingulphus , malmesbury , spelman and * others ; all which were made and confirmed by these kings , with the consent and approbation of their bishops , abbots and nobles , assembled in their great parliamentary councils , and ratified , confirmed by them , being else void in law , and repea●lable , as appeares by the generall g council of kingston , anno . wherein the manor of mallings in kent , which king baldred had formerly given to christs church in canterbury , being afterwards * revoked and substracted from it , because the nobles offended with the king , would not ratifie that donation , nor suffer it to remain firm , was resetled and confirmed to this church in and by this council ( specially summoned for that purpose ) by king egbert and his son athelwelfe , consenti entibvs demvm magnatibvs : the nobles now at last consenting to it in this council , which they refused formerly to doe . a clear evidence of the noble-mens negative and affirmative voyces to the saxon kings grants of their lands and charters to pious uses , and of their invalidity without their concurrent assents thereto . in most of these forecited charters of our kings to these churches and monasteries , it is observable , that they exempted them and their lands , ab omnibvs pvblicis vectigalibvs , oneribvs , regiis exactionibvs , et operibvs , nisi in structionibus arcium , vel pontium , quae nunquam ull●s possint laxari . from which notwithstanding king h ive exempted the abby of glastonbury ; and king aethulwulfe and beorred the abby of croyland ; & ab expeditione militari . and therefore , as they could not thus exempt them from publick tributes , burdens , regal exactions and services without common consent in parliamentary councils , so they could not impose any publick tributes , burdens , exactions or services on them without common grant and consent in such councils , ( unless by special referrations ) as i shall by ensuing presidents most fully evidence . how carefull the saxon nobles and subjects were from the first erection of their kings and kingdomes in england , to preserve their priviledges , liberties , properties , lawes , from the usurpations , invasions , and arbitrary power of tyrannical kings or usurpers , and how un●nimous , magnanimous they shewed themselves in their just defence , will appear by these few presidents of their proceedings against their tyrannicall oppressing kings , which i shall muster up together in their chronologicall order . anno dom. . i sigebert king of the west-saxons , growing insolent and proud by the successes of his predecessors in their warres , became intolerable to his people , treating them very ill by all kind of meanes , legesqve antecessorvm svorvm propter commodvm svvm vel depravaret , vel mvtaret ; endeavouring to d●prave or change the laws of his ancestors , for his own private luchre , and using exactions , & cruelties upon his subjects , setting asid●● all lawes . whereupon his most noble and faithful counseller earle cumbra , lovingly intimating to him , the complaints of all the people , perswaded the king to govern the people committed to his charge more mildly , and to lay aside his inhumanity , that so he might become amiable to god and man ; he thereupon soon after commanded him to be wickedly slain , and becoming afterwards more cruell to the people , augmented his tyranny . vpon which the rest of the p●ers , seeing their state and lives were every day in danger , and the common subjects , whose lawes were thus violated , being incensed into fury , all the nobles and people of his realm assembling together , rose up against him , and upon provident mature deliberation , and unanimous consent of all , they ( before he had reigned full two yeares ) expelled him out of the kingdom , and elected and made kenulphus ( sprung from the bloud royall ) king in his stead . whereupon flying into the woods like a forlorn person for shelter , he was there slain by cumbra his swineherd , in revenge of his masters death . ita cr●delitas regis omnem pene nobilitatem pervagata , in homine ultimae sortis stetit , writes malmesbury . to which henry huntindon addes this memorable observation : ecce manifestum domini judicium , ecce quomodo domini justitia nonsolum in futuro seculo , verum etiam in isto digna meritis recompensat . eligens namque reges improbos ad contritionem promeritam subjectorum , alium diu insanire permittit , ut & populus pravus diu vexetur , & rex pravior in aeternum acrius crucietur , veluti ed●lboldum regem merce praesatum : alium vero cita disterminatione praeoccupat , ne populus suus nimia tyrannide oppressus non respiret , & immoderata principis requitia , citissimas ultionis aeternae debito paenas incurrat , veluti sigebertum hunc de quo tractamus . qui quanto nequior extitit , tanto vilius a subulco interf●ctus , a d●lore in dolorem transiit . vnde domini justitiae aeternae laus & gloria nunc & semper . in the k year of our lord . the people of the kingdome of mercia rising up against their king beornred , pro eo quod populum non eqvis legibvs , sed per tyrannidem gvbernaret , because he governed his people not by their just lawes , but by arbitrary tyranny , they all of them , as well nobles as ignoble , assembled together in one , and offa a most valiant young man being their generall , they expelled him out of the realm : which being accomplished , by the unanimous consent of all , as well clergy as people , they crowned the said offa , king. this beornred treacherously murdered king ethelbald his soveraign , whose captain he was , and then usurped his crown , but was himself deprived of it , and slain soon after by offa ( who succeeded him ) by divine retaliation . so l edwin king of mercia in the year . for his misgovernment , his despising the wise-men and nobles of the realm , who hated his vicious and oppressive courses , affecting and fostering ignorant and unrighteous persons , his forcible expelling the monkes and others out of their possessions by armed men , his banishing dunstan into france for reprehending his vices , and other injurious and tyrannicall actions against law and right , was utterly forsaken and rejected by all his subjects , and by the unanimous consent of all , dejected , deposed from his royall dignity , and his brother edgar elected king in his place , deo dictante , & annuente populo , by the dictate of god himself and the peoples consent , ab omni popvlo electvs . as our historians write . by these presidents , pretermitting others , it is apparent , that the ancient saxons held their kings supremacy to be bounded within the rules of law and justice ; and that they esteemed their kings to lose both the name and office of kings , when they ceased to govern them according to law and justice , or exalted themselves above their lawes and liberties ; which was not onely the ancient divinity of those former times , as appeares by pope eleutherius his forecited letter to king lucius , but the received law amongst the saxons , as is evident by the lawes of king m edward the confessor , lex . hereafter cited . the law was the sole umpire between these kings and their people ; n which law , as no great man , nor any other in the whole kingdome might violate or abolish , as ive the great saxon king confesseth in his lawes : so the kings themselves were to submit thereto in all things , as well as their subjects ; whence o aethelstan the saxon king , in his prologue to his lawes , made at the great councill of grat●ley , anno dom. . by the advice of the arch bishops , bishops , nobles and wise men of the realm , used this memorable expression , as the law of that age , between king and people ; ea mihi vos tantum modo comparatis velim , qvae jvste ac ligitime parare possitis . neque enim mihi ad vitae usum qvicqvam injvste acqviri cvpiverim . etenim cum ea ego vobis , lege vestra omnia benigne largitus sum , ut mea mihi vos itidem concedatis , prospicitote sedulo ne quis vestrum , neve ●●rum aliquis qui vobis paruerit , offensi●n●m aut divinam , aut nostram concit●tis . indeed some of the saxons , being too much addicted to faction , treason , sedition and rebellion against their kings , abused their just liberties and priviledges to the unjust murther and dest●●ction of their kings , especially those of the kingdome of northumberland ; to prevent which excess●s , in the famous council of p calchuth anno . held 〈…〉 of northumberland , his bishops and nobles , and of● . king of mercians , and his bishops and n●lles , there 〈…〉 memorable lawes and 〈◊〉 , both for the security , immunity of king and people , which they with all their subjects assented to ; and with all devotion of mind , to the uttermost possibility of their power , vowed through gods assistance to observe in every point . cap. xi . of the duty and office of kings : vndecimus sermo fuit ad reges & principes , ut regimen suum cum magna cautela & disciplina peragant , & cum justitia judicent , ut scriptum est : q apprehendite disciplinam , ne quando irascatur dominus & pereatis , &c. habentque reges consiliarios prudentes , dominum timentes , moribus hon●stos , ut populos bonis exemplis regum & principum eruditus & confirmatus , proficient in laudem & gloriam omnipotentis dei. cap. xii . de ordinatione & honore regum ( who were then r generally hereditary not elective ) we decree , that in the ordination of kings , none may permit the assent of evill men to prevail ; but kings shall be lawfully elected by the priests and elders of the people ; and those not begotten of adultery or incest : for as in our times by the lawes , a bastard cannot be admitted to the priesthood , so neither can he be able to be the lords annointed : and he who shall be born out of lawfull wedlock shall not be king of the whole realm , and heire of his country : the prophet saying ; ſ know yee that the lord ruleth in the kingdom of men , and the kingdome is his , and he will give it to whomsoever he will , therefore we admonish all in generall , that they would , with a unanimous voice and heart , intreat the lord , that he who electeth him to the kingdome , would himself give unto him the regiment of his holy discipline to govern his people . likewise honour is to be rendred to them by all men ; the apostle saying ; t honour the king : and in another place , whether it be to the king as supream , or to governours , as to those who are sent by him , for the punishment of malefactors , but to the praise of them that doe well . likewise the apostle , u let every soul be subject to the higher powers , for there is no power given but of god : and the powers that are are ordained of god. therefore who ever resisteth the power , resisteth the ordinance of god , and those , who resist , acquire damnation to themselves . let no man detract from the king : for solomon saith : x thou shalt not detract from the king in thy mouth , neither shalt thou curse the prince in thy heart , because the birds of the air shall carry the voyce , and that which hath wings shall tell the word . let no man dare to communicate in ( or conspire ) the kings death , because he is the lords anointed : and if any shall have adhered to such a wickednesse ( or treason ) if he be a bishop , or any of the priestly order , let him be thrust out of it , and cast out of the holy inheritance , as judas was ejected from his apostolicall degree : and every one , whosoever he be , who shall assent to such a sacriledge , shall perish in the eternall bond of an anathema , and being associated to jvdas the traitor shall be burnt in sempiternal burnings , as it is written : y not onely those who doe such things , but those also who consent to such who doe them , shall not escape the judgement of god. for the z two eunuches consenting to slay ahasuerus , were hanged on a gallowes . consider what a david said to the captaines , when the lord had said unto him , i will deliver saul into thy hands ; when he found him sleeping , and was exhorted by the souldiers to slay him ; let this sin be farre from me , that i should stretch forth my hand against the lords anointed . yea , he cut off the head of that souldier , who after his death came unto him , protesting that he had slain saul ; and it was reputed unto him for righteousnesse , and to his seed after him : and it is often proved among you by examples , that whoever have had a hand in b the murder of their kings , have ended their life in a short space , & utroque jure caruerunt , ( it should be corruerunt ) and have perished by both lawes ( civill and sacred . ) cap. . de judiciis justis ferendis . let great and rich men execute just judgements , neither let them accept the person of the rich , nor contemn the poor , nor swerve from the rectitude of judgement , or law , nor receive gifts against the innocent , but judge in righteousnesse and truth ; the prophet saying , judge justly yee sons of men : also elsewhere , c thou shalt not doe that which is unjust , nor judge unjustly : thou shalt not stand against the bloud of thy neighbour . likewise isaiah d seek judgement , releive the oppressed , judge the fatherlesse , defend the widow : then come and let us reason together , saith the lord. also elsewhere , vndoe every bond of iniquity , undoe the heavy burdens , let those who are oppressed goe free , and break every yoak . then shall thy light break forth as the morning , and thy health shall spring forth speedily . the lord saith in the gospel , e for with whatsoever judgement yee judge , you shall be judged , and whatsoever measure you meet , it shall be measured to you again . neither shall you take by force from any one that which is his own ; as it is said , f thou shalt not covet the thing which is thy neighbours . thou shalt not covet thy neighbours wife , nor his house , nor his oxe , nor his sheep , nor his field , nor any thing that is his . for the prophet threatneth , saying , g wo to you who joyn house to house , and lay field to field , till there be no place , that you may be placed alone in the midst of the earth . these things are in my eares , saith the lord of hosts . again the prophet crieth ; h deliver the poor and needy , rid them out of the hand of the wicked . remember what he deserveth , who shall offend one of these little ones : but whosoever shall receive one of these , receiveth christ , from whom he shall deserve to hear in the day of judgement ; i come yee blessed , inherit the kingdome prepared for you from the foundation of the world . cap. xiv . de cohibendis fraude , rapinis et tribvtis ecclesiae injvste impositis . let fra●d , violence and rapine be feared ; and no unjust or greater tributes imposed on the churches of god , then by the roman law and the ancient customes of former emperours and princes hath been used . he who desires to communicate with the holy roman church , and st. peter the chief of the apostles , let him study to keep himself free from this vice of violence . so concord and unanimity shall be every where between kings and bishops , ecclesiasticks and laicks , and all christian people : that there may be unity every where in the churches of god , and peace in one church concurring in one faith , hope and charity , holding the head which is christ , whose members ought to help one another , and to love one another with continuall charity , as he himself hath said . k by this shall all men know that ye are my disciples , if you shall love one another . these old established saxon lawes and canons backed with sacred scriptures , manifest the duty of our old saxon kings , and their officers towards their subjects , whom they could not injure , oppresse or tax in any kind against their ancient lawes , customes , priviledges ; as likewise what loyalty and obedience the people owed to their kings : which bounds when their kings exceeded in an exorbitant manner , you have seen how they proceeded with them ; and when the people exceeded them on the other hand against their loyalty and duties , they did not escape unpunished . take but one memorable general president in this kind , in the seditious , factious , rebellious saxons of the kingdom of northumberland , who were infamous for their insurrections and rebellions against , and expulsions and murders of their kings . l william malmesbury and m huntindow give us this abbreviation of their rebellions , treasons , regecides : osulf son of egbrick reigned one year , and was betrayed and slain by his subjects ; and made way for mollo , who reigning diligently for two yeares , was compelled to lay down his regality , and slain by alred : who succeeding him , reigned eight yeares , and then was chased out of his realm , and deposed by his people from the throne he had invaded : adelred son of mollo succeeding him , reigned three yeares , and then was driven out of his kingdome , and forced to fly from the face of his rebellious dukes and captaines . then celwold ( alias alfwold ) being cried up king , after ten yeares reign , mourned under the treachery of his subjects , being slain without fault by the treason of duke sigga : osred his nephew ( the next king ) reigned scarce one year , and then was chased by his subjects out of the realm , and afterwards slain . adelred son of mollo reigned again four yeares ( taking severe vengeance against those rebellious dukes and others who first expelled and deposed him ) and then was slain by his alwayes most wicked people , being unable to avoid the fate of his predecessors , ardulf his successor reigned twelve yeares , and then was chased out of his realm by his rebellious subjects : and oswold after him , holding the title of king onely for twenty eight dayes , was forced to save his life by flight unto the king of picts . after which the northumbrians preoccupated with the madnesse of their folly , continued divers yeares without a king. for n many natives and nobles , being offended with these rebellions and murders of their kings , fled out of their country , as fearing some heavy plague to befall it . alcuinus , that country-man ( then in france with charles the great ) being ready to return to his country with gifts to king offa from charles the emperor , thought best to continue where he was , writing thus to offa ; that he knew not what to doe amongst his country men , amongst whom no man could be secure , or doe any good in giving wholesome counsell to them , their holy places being wasted by pagans , their altars defiled with perjuries , terra sangvine dominorvm et principvm faedata , and their very land it self polluted with the bloud of their lords and princes ; and the raining of bloud then at york , in the lent time , where their religion first took its beginning in that nation , presaged that bloud should come from the northern parts upon that bloudy land and realm of northumberland , almost brought to desolation for its intestine dissentions , bloud-sheds and fallacious oathes ( which they violated to their soveraignes . ) the emperour charles himself , having prepared divers presents and letters to be sent by alcuinus and others to king offa , and king ethelred , and the bishops of their respective realmes , after his presents and letters delivered into the hands of the messengers ; hearing of the murther of king ethelred , and the treachery of this nation to their kings ( by messengers returning through scotland from king offa ) recalled all his presents and gifts , and was so farre incensed against that nation , which he called perfidious , and perverse , and murderers of their kings , estimating them worse than pagans , that unlesse alcuinus had interceded for them , he had presently substracted all the good he could from them , and have done them all the hurt that possibly he could devise . * malmesbury records , that after ethelred no man durst ascend to the kingdome , whiles every one feared ( in particular ) lest the chance of these foregoing kings should befall himself , and would rather live safe in inglorious idlenesse , then reign pendulus in doubtfull danger : seeing most of the kings of northumberland departed out of this life by the treachery and destruction by their subjects . whereupon they having no king for thirty three yeares , that province was exposed to the derision and prey of their next neighbours ; and the barbarous danes speedily in great numbers , invaded , spoiled and possessed it all that time , slew most of their nobility and people , till at last they were enforced to subject themselves to the power and pleasure of the west-saxon kings , to defend them from the danes , who infested , invaded , and miserably slew , wasted , destroyed these seditious , treacherous king-deposing , king-murdering northumberlanders o henry huntindon and mathew westminster record , that the year before the northumberlanders trayterously slew their king ethelred , there were fiery dragons seen flying through the air ; after which followed a very great famine , which destroyed many of them ; soon after the pagan nations from norwey and denmark invaded and miserably destroyed those of northumberland and lindesfa●ne , horribly destroying the churches of christ , with the inhabitants ; at which time duke sigga , who unworthily betrayed and slew his soveraign king alfwold of northumberland , worthily perished ; the whole nation being first almost quite consumed with civill warres , and by these pagan invaders , whose plague was farre more outragious and cruell than that of the romans , picts , scots , or saxons invasions and depredations in former ages ; they most frequently invading and assailing the land on every side , desiring not so much to obtain and rule over it , as to spoile and destroy it , with all things therein ; burning their houses , carrying away their goods , tossing their little children , and murthering them on the top of their pikes , ravishing their wives and daughters , then carrying them away captives , and putting all the men to the sword : which sad and frequent rumours from all parts , struck such terrour into the hearts of king and people , that their very hearts and hands failed , and languished , so that when they obtained any victory , they had no joy nor hope of safety by it , being presently encountred by new and greater swarmes of these pagan destroyers . the cause of which sore plague and judgement he together with p mathew westminster , thus expresse . in the primitive church of england religion most brightly shined ; but in processe of time all vertue so withered and decayed in them , vt gentem nvllam proditione et neqvitia parem esse permitterent , that they permitted no nation to be equall to them in treason and wickednesse ; which most of all appeares in the history of the ( forecited ) kings of northumberland ▪ for men of every order and office , dolo et proditione insistebant , addicted themselves to fraud and treason , in such sort as their impiety is formerly described in the acts of their kings . neither was any thing held disgraceful , but truth and justice , nec honor nisi , bella plvs . qvam civilia , et sangvinis innocencivm effvsio & causa dignissima caedis innocentia . nor any thing reputed honourable , but more than civill warres , and effusion of the bloud of innocents , and innocency , reputed a cause most worthy of death . therefore the lord almighty sent a most cruell nation like swarmes of bees , who spared neither age nor sex ; to wit , the danes , with the gothes , the norwegians , and the sweeds , the vandals , with the prisons , who from the beginning of king edelwolfe , to the coming of the normans under king william , wasted and made the fruitfull land desolate for . yeares , destroying it from sea to sea , and from man to beast . which sore and dreadful long continued judgement of god upon the land , for those crying sinnes now abounding amongst us , as much almost as amongst the northumberlanders and other saxons then , may cause us justly to fear the self same punishments , or the like , as they then incurred , and the britons before that under the bloudy usurper vortigenne , unlesse we seriously repent and speedily reform them . from these unparalleld prodigious treasons , insurrections , regicides , rebellions of these northumberlanders , i conceive that infamous proverb ( used by maximilian the emperor , and frequent in * forraigne and other writers ) first arose touching the english : that the king of england was , rex diabolorvm , a king of devils ( not of men or saints ) svbdicos enim reges ejicere trvcidare because the english ( especially the northumberlanders ) so oft rebelled against , expelled , deposed and murdered their kings , beyond the spaniards , french and other nations . which proverb the late extravagant proceedings of some jesuitized pretended english saints , have now again revived out of the ashes of oblivion . but i hope these sad recited old domestick presidents will hereafter instruct both kings , magistrates , parliaments and people , to keep within those due bounds of justice , righteousnesse , law , equity , loyalty , piety , conscience , prudence and christian moderation , which the lawes of god and the land prescribe to both , and the council of calchuth , forecited long since prefixed them . that the ancient english saxon kings at and from their primitive establishment in this realm , had no power nor prerogative in them to impose any publike taxes , imposts , tributes , or payments whatsoever on their people without their common consents and grants in their great councils of the realm , for any spiritual or temporal use , i shall evidence by the four first general publick taxes that i meet with in the histories of their times , which i shall recite in order according to their antiquity , though i shall therein somewhat swarve from my former chronological method , in reciting some subsequent lawes and confirmations relating to every of them , for brevity sake , out of their due order of time , and coupling them with the original lawes for , and grants of these general charges and taxes , to which they have relation , and then pursue my former method . henry huntindon , in the prologue to his fifth book of histories p. . writes thus of those saxons , who first seised upon britain by the sword. saxones autem pro viribus paulatim terram ( britanniae ) bello capiscentes , captam obtinebant ; obtentam , adificabant , adificatam legibvs regebant : not by arbitrary regal power without or against all law. the first taxes and impositions ever laid under the saxon kings government , after they turned christians , upon the people of england , were for the maintenance of religion , learning , ministers , schollers , ( long before we read of any taxes imposed on them for the publick defence of the nation by land or sea ) all and every of which were granted , imposed onely by common consent in their great councils ( before the name of parliament was used in this island , which being a french word came in after the normans , about henry the third his reign ) without which councils grant they could neither be justly charged , nor levied on all or any free-men of this island , by any civill or legall right , by those to whom they were granted , and thereupon grew due by law. . the first general tax or imposition laid on and paid by the saxon subjects of this land appearing in our histories , was that of caericsceatae ( id est censvs ecclesiae ) in plain english , churchets , or church-fees ; in nature of first-fruits and tythes . the first law whereby these churchets , church-fees , or first-fruits were imposed on the people , and setled as an annuall duty on the ministers ( paid onely before that time as voluntary free-will offrings to the ministers of the gospel by devout and liberal christians ) was enacted by q ive , king of the west saxons , in a great councill held under him anno dom. . wherein , by the exhortation , advice and assent of cenred , his father , heddes and erkenwold , his bishops , and of all the aldermen , elders and wise-men of his realm , and a great congregation of the servants of god , he established this law ( among sundry others ) which none might abolish . cap. . de censu ecclesiae : cericsccata ( i.e. vectigal , or census ecclesiae ) reddita sint in festo sancti ma●●tini : si quis hoc non compleat , reus sit ix . sol : & du● decuplareddat ipsum cericsceatum . so one coppy renders it out of the saxon : another thus , cyricsceata : ( idest primitiae seminvm ) ad celebre divi matini festum redduntor : qui tum non solverit , qua raginta solidis mulctator , & ipsas praeterea primitias duodecies persolvito . after which there is this second law subjoyned , cap de cyricsceatis . primitias seminum quisque ex eo dato domicilio , in quo ipse natali die domini c●mmoratur . these duties were afterwards enjoyned to be paid by the * lawes of king adelstan anno . c. . volo ut cyricsc●atha reddantur ad illum locum cuirecte pertinent , &c. by the lawes of king edmund made anno . in a great synod at london , as well of ecclesiastical as secular persons summoned thither by the king , c. . decimas praecepimus omni christiano super christianitatem suam dare & emendent cyricsceattam , id est ecclesiae censum . si quis hoc dare noluerit , excommunicatus : sit . by the lawes of king edgar anno . c. , . r and the lawes of king aethelred ; made by him and his wise-men apud habam , about the year of christ . cap. . de consvetvdinibvs sanctae dei ecclesiae reddendis . praecipimus , ut omnis homo super dilectionem dei & omnium sanctorum det cyrisceattam , et rectam decimam svam , sicut in diebvs antecessorvm nostrorvm fecit , quando melius fecit : hoc est , sicut aratrum peragrabit decimam acram : & omnis consuetudo reddatur super amicitiam dei , ad matrem ecclesiam cui adjacet , et nemo avferat deo qvod ad devm pertinet , et praedecessores concesservnt . * by which laws it seemes , that these cyricsceata , or church-fees , were of the same nature with tythes , ( if not tythes in truth ) and the tenth acre , or tenth part of all their corn and arable lands increase ( tithes both in the s fathers , councils , writers of this and some former ages , being usually stiled , first-fruits ) though most esteem them duties different from tythes . which duty the people being backwards ( as it seems ) to pay , king kn●te by the advise and consent of his wise-men in a great council anno . quickned the payment of them by this additionall law , increasing the first penalty by a superadded fine to the king. * cyricsceata ( which the latine translation renders , seminum primiciae ) ad festum divi matini penduntor : si quis dare distulerit , eas episcopo undecies praestato , ac regi ducenos & viginti solidos persolvito . et dat omnis cyricsceot ad matrem ecclestam per omnes liberas domus . i find by the surveyes and records of our late bishops revenues ; that these churchets of later times were certain small portions of corn , hens , eggs , and other provisions paid by each house or tenement ( according to the several values of them ) for the maintenance and provisions of the ministers ; which were constantly rendred to our bishops by their tenants under the name of cyricsceata or churchets , * in divers mannors , till they were lately voted down . this was the first kind of publick tax imposed on the people for the maintenance of the ministry : and that onely by common grant and consent in common councils of that age ; as were their t annuall tributes for lights , parish almes , and their soul-shot or mortuaries at every mans decease , first granted by common consent in parliamentary councils , which i shall but name . . the second principle annuall charge or tribute imposed on and paid by the people under the saxon kings , was tythes of the annuall increase of their lands and goods , for the maintenance of gods worship , ministers and religion ; which though due by gods law and a divine right to ministers ( as the first law made for their due and true payment recites , and i have lately proved at large in my gospel-plea , &c. ) yet they could not be legally imposed , nor exacted from the people by the ministers in foro humano , without publick consent and grant . whereupon in the * generall councill of calchuth ( held in the year of our lord ) cap. . vt decimae solvantur ; this law was made . in paying tithes , as it is written in the law ( of god ) thou shalt bring the tenth part of all thy corn and first fruits into the house of the lord thy god , &c. wherefore likewise we command with an obtestation , that all men be carefull to render tithes of all things they possesse , because it is the peculiar portion of the lord god , &c. which law being read in that publick council by gregory bishop of ostia , before king alfwoldus , arch-bishop eanbald , and all the bishops , abbots , senators , dukes and people of the land : they all assented to it , and with all devotion of mind , * according to the uttermost of their power , bound themselves by vow , that by gods supernall assistance they would observe it in all things ; ratifying it with the sign of the crosse and subscription of their names thereto , according to the custome of that age . after which it was read before king offa in the councill of the mer●ians and his senators , jambertus arch-bishop of canterbury , and the rest of the bishops of the realm , with a loud voyce , both in the latine and germane tongue , that all might understand it : who all with a unanimous voyce and chearful mind assented to it , & promised that they would ( by gods grace assisting them ) with a most ready will , to the best of their power , observe this ( and the rest of the statutes there made ) in all things . and then ratified them with the sign of the crosse and subscription of their names thereto . it seemes very probable by this clause in the lawes of u edward the confessor ( confirmed by william the conquerour ) cap. . of payment of tithes of cattel , bees and other things ; ha●c enim beatus ▪ augustinus praedicavit , & docuit : et haec concessa svnt a rege , et baronibvs , et popvlo , that upon the preaching of augustine , ( first arch-bishop of canterbury ) ethelbert king of kent , with his barons and people ( assembled in a great parliamentary council ) after their conversion by him to the christian faith , granted tithes of all things to him and their ministers by a speciall act or law ; ( which if true ) must be about the year of our lord . at least one hundred and eighty years before the council of calchuth . but because i find no such speciall law of his extant in any author ; and this passage may be intended of augustine bishop of hippo ( flourishing about the year of christ . ) who hath sever all homiles concerning the due payment of tithes ; as hom. . inter sermones , . sermo de tempore ad fratres in eremo . sermo . and in psal . . and because this clause may be as well intended of king alfwold , or king offa , and his barons and people in the council of calchuth , as of king ethelbert and his barons and people ; i have therefore begun with their law for tithes , being extant , certain ; whereas the other is but conjecturall : yet made by common grant and assent of the king , and his barons , and people , if there were any such . after this councill of calchuth , i find very many lawes confirming , continuing , establishing in all successions of ages , till this day , this charge and payment of tythes ( all made by common consent in generall councils or parliaments , both before and since the conquest , which because they are all extant in john bromptons chronicle , printed at london , . mr. lambards archaion , sir henry spelmans councils , rastals abridgement of statutes , and accurately collected in a chronological order , by mr. selden in his history of tythes ch . . where all may peruse them , i shall wholly pretermit them here , and referre the reader to these authors : all which lawes are clear evidences of the first propositions verity . the third general ancient saxon tax and charge occurring in our histories , imposed on the people , was that of x rome-scot , or peter pence ; to wit one penny out of every house each year , paid on the feast of st. peter ad vincula ; for and towards the maintenance of the english school and schollars at r●me : from the payment whereof all the lands belonging to the abby of st. al●anes were exempted by king offa , by whom this tax or almes was first granted , for the maintenance of the english schollars at rome , and that by the unanimous antecedent and subsequent consent , of arch-bishop humbert and his suffragans , et primatibvis svs vniversis , and of all his nobles or chief men , assembled in a provincial council at verolam , in the year of our lord . this school ( as malmesbury de gestis regum angliae l. c. . and balaeus cent. . c. . record ) was first founded by king offa before his going to rome , which sir henry spelman proves out of brompton and others : but it appeares by y mathew westminster , that this school was there first built and endowed with peter-pence by king ive . yeares before king off●aes grant and endowment . for he writes ; that king ive going to rome anno . built a house in that city , by the consent and will of pope gregory , which he caused to be called , the school of the english : to which the kings of england , and the royall stock , with the bishops , elders and clergy-men might come to be instructed in the catholick doctrine and faith , and so , being stedfastly confirmed in the faith , might return home again . for the doctrine and schooles of the english , from the time of st. augustine , were interdicted by the roman bishops , by reason of the daily herisies which had sprung up by the coming of the english into britain , whiles the pagans intermixed with the christians , corrupted both the grace of holy conversation , and the christian faith. he likewise built a church , dedicated to the honour of the virgin mary , near to this school , where the english coming to rome , might celebrate divine mysteries , and be likewise buried if they died there . then he addes , et haec omnia vt perpetvae firmitatis robvr obtinerent , statvtvm est generali decreto ( made in general council of the realm ) per totvm regnvm occidentalivm saxonum , in quo praedictus ina regnabat , ut singulis annis de singulis familiis denarius unus qui anglice , rome-scot appellatur , beato petro , & ecclesiae romanae mitteretur , vt angli ibidem commorantes vitale svbsidivm inde haberent . which grant , offa king of mercians first inlarged and granted in his kingdome ( distinct from that of ive ) . yeares after this , as aforesaid . this annuall contribution towards this schooles maintenance , was afterwards confirmed , and the due payment thereof prescribed , under penalties by the z successive lawes of king edgar , king ethelred , canutus , edward the confessor , and william the conquerour , made in successive great councils held in their times , by and with the advice and assent of their arch-bishops , bishops , wisemen , nobles and senators . in the years of our lord , , , , . ( or thereabouts ) and . by vertue of which lawes this tax was duly paid every year in all succeeding ages , till it was finally abolished and taken away by name , by the statute of . h. . c. . being perverted from its primitive intended use , and made a constant revenue by and for the popes themselves , against the donors mindes , and their successors , who so long continued it for the foresaid uses , of the english schoolings . these three most ancient taxes and charges , originally granted , imposed , and afterwards continued onely by common grant and consent of the king , nobles , people in generall councils and parliaments , are a most pregnant proof of the first proposition , and of the peoples most ancient originall fundamentall right of property in their goods and estates , exempt from all impositions and tallages whatsoever , but onely by their free grants and consents in parliament . for if our ancientest christian saxon kings and greatest monarchs could not by their prerogatives or absolute power alone , but onely with and by the free and common consent and grant of their nobles , wise-men , prelates and people in the great parliamentary councils of their realmes , impose the payment of first fruits and tithes upon their subjects , * though due by the very law of god , towards the maintenance of gods worship and ministers , for the publick good , instruction , salvation of all their soules : nor yet the payment of peter-pence , for the maintenance of learning and schollars , to supply the ministry , and furnish the realm with able learned men , for the common benefit both of church and state , being things of greatest concernment for the peoples , kingdomes happinesse , government and prosperity : much lesse then could they lay on them any other tax , tribute , aid or assessement whatsoever , of lesse necessity and concernment , for any inferior uses , or for defence of the realm by land or sea against enemies or rovers , by their own absolute authority , but onely by and with their voluntary grants and consents in generall parliamentary councils of the realm , as every rationall man must acknowledge . the fourth publick tax or imposition on the people in point of time , is that of danegeld ( the first civill tax we everread of ) whereof there was two sorts . the first , paid to the danes themselves by way of composition , as to a prevailing conquering enemies , to prevent their plunders , rapines , incursions . the second , paid for the maintenance of valient souldiers and mariners , * to defend the sea coasts and seas against the invasions , piracies of the danes and other enemies . the first payment i find of any monies to the danes by way of composition , was in the year of our lord . when bernredus king of mercians compounding friendly with them , pecuniis inducias impetravit , obtained a truce with them for money , as mathew westminster records : after this anno . merciarum gentes , dato munere , appeased those pagans with a gift . what the sum of money or gift was , is not expressed , nor how it was raised : nor yet upon whom : but the words imply , that it was done by common consent of the nobles in a generall council , for their common preservation from plunder ( not imposed or raised by the kings prerogative without their free consents in a general council or parliamentary assembly , for so it was assessed and levied in succeeding times . b anno dom. . the danes infesting all the parts of the realm , and the people not knowing where or how to resist them ; decretvm est a viris prvdentibvs ▪ it was decreed by the wise-men , ( no doubt in a generall councill assembled for that end , not by the kings absolute authority ) that they should be overcome with money , who could not be vanquished with the sword. wherefore they satisfied the covetousnesse of the danes with the payment of ten thousand pounds . anno . a tribute of l. was given them by the advice of siricivs , duke ethelward and other nobles of the realm , that they should cease their frequent rapines , burnings and slaughters of men which they used about the sea coasts . anno . king aethelred consilio procervm svorvm , by the counsell of his nobles ( no doubt in a parliamentary assembly ) gave them a pension of l. collected of all england , that they should cease from the rapines and slaughters of innocent men : and anno . the same king habito concilio cvm regni svi primatibvs , utile duxit , a danis dextras accipere , &c. and consilio primatvm svorvm , by the counsell of his nobles ( or chief men ) gave them l. and anno . consilio primatvm svorvm , by the counsel of his nobles . he gave them l. gathered out of all england , that they should desist from rapines , and hold a firm peace with him . anno . duke edric and all the nobles of england of both orders ( to wit , the lords spirituall and temporall ) were assembled together at london before easter ( no doubt in a great council ) and continued there so long till the tribute promised to the danes should be paid , which was l. all which is recorded in these expresse termes by mathew westminster , florentius wigorniensis and simeon dunelmensis in their chronicles and histories of these respective years ; and by polychronicon , fabian , holinshed , grafton , speed and other late historians out of them . so as this tax or tribute paid to the danes , was undoubtedly imposed and levied by common consent in the parliamentary councils of those times , not by the kings own power and prerogative alone . true it is , king suanus the dane having conquered most of the land , exacted it from the people , and levied it perforce against their wills , for the payment of his souldiers : but the inhabitants of st. edmonds-bury refused to pay it : whereupon he threatned by force to spoile and destroy the town ; but in the midst of his jollity and nobles , he suddainly cryed out , that he was struck through by st. edmond with a sword , or speare , no man seeing the hand that smote him : and so with great horrour and torment died three dayes after at the●ford : as hoveden annal. pars prior : simeon dunelmensis de gestis regum angliae . anno . col . . math. westminster anno p. . ranulsus de diceto , abbreviationes chronicorum col . . johann . brompton chron. col . . fabian part . c. polychronicon l. . c . speed in his history l. p. . with others relate . a memorable punishment for this his illegal exaction and oppression . as for the tax of danegeld imposed on the people , ( to wit ) d. as some , * or s , as others , to be annually paid out of every hyde or plowland throughout the realm , ( except the lands of the church , and some others exempted from it by special charters ) it was imposed by authority and acts of generall councils onely , ( not by royall prerogative ) for defence of the kingdome by land and sea against the danes , and other enemies and pirates , as is evident by the lawes of king edward the confessor cap. . the black book of the eschequer l. . c. . sir henry spelman and william sonmer their respective glossarium : tit. danegeld ▪ p ; , . mr. ●elden his mar● cla●sum l ▪ as i have irrefragably proved at large in my humble remonstrance against the illegal tax of ship-mony p , . to , to which i refer you for fuller satisfaction . anno : this unsupportable tax of dane●el● was ●●leased for ever to the people of england by king edward the confessor , 〈…〉 towards his oppressed people , to wit , in the . year from the time that suanus king of the danes commanded it to be yearly paid to his army , in the reign of king ethelbert , father to this king edward : which abbot ingulph in his history p : . iohn brompton in his chronicle col . , ● . simeon dun●lmensis de gest . reg : angl : col : . ailredus abbas rievalus de vita & miraculis edwardi confess col : . radulfus de diceto abbrev. chron : col : henry de knyghton de eventibus angl l , c. . col : . mr : selden in his marc clausum l , sir henry spelman in his g●ossary , title d●●eg●ld , and others thus relate in ingulphus words . tributum gravissimum quod danegeld dicebatur , omni angliae in perpetuum relaxavit ; & de tam fera exactione ne iota unvm volvit retinere : re●oring to the people all the mony then collected and brought into his bed-chamber by his officers , and there laid in heaps ; upon which this most holy king ( as some of these record ) saw a devil dancing and triumphing with over much ioy : and calling it , his mony , quia injuste adquisita est de substantia pauperum ; because it was * unjustly gotten out of the substance of the poor subjects . ( though by coulour of former grants by common consent in parliamentary councils ) upon which occasion this good king forthwith rest● red all that was collected , and perpetually released for the future this great and heavy tribute ( which had continued near fourty years ) to the english-men for ever , so that after that day it was no more gathered ; as roger hovedon annal : pars prior . p , . hygden in his polychron : l , . c , . capgrave , surius , ribadenicra , holinshed in the life of edward the confessor●math ▪ westm : simeon dun●lm●nsis , and florent . wigorniensis an : . grafton in his chronicle p. . speed in his history of great britain l , . c , sect , p , . fabian in his chron : part . c , p , , with the other forementioned authors joyntly attest . by these four first generall taxes and publick charges thus imposed on the ancient saxons and english , onely by common grant and consent in the great parliamentary generall councils of the realm , both for the maintetenance of gods worship , ministers , religion , learning and defence of the realm against forraign enemies and invasions , the truth of the first fundamentall proposition in the precedent chapter , is abundantly confirmed , during all our saxons kings reignes ; which i shall confirm in subsequent sections , by presidents in all succeeding ages to this present : who never granted any subsidies , aids , taxes , but by full consent in parliament , and that in smal proportions ( one * subsidy , or escuage , or fifteen , or tenth at most , and no more , not endlesse monthly taxes , much lesse excises coupled with them , as now , and many times refused to grant any aid or tax at all , as i shall prove at large in henry the third his raign ) and then not before all their greivances first redressed and the great charter , and their violated liberties first confirmed by new grants , oathes , acts , charters , excommunications , not so much as thought upon now , after such unparalleld violations and subversions of them , which all our late endl●ss● aegyptian tax-masters of several kinds , even out of parliaments , by their own usurped authority , without the oppressed peoples grants or consents in any ●e●ll english parliaments , may doe well to consider ; and withall to peruse that notable discourse of gulielmus peraldus , bishop of lions , de virtutibus & vitiis . tom. . de avaritia cap. . de injvstis talliis f. ● , where he largely demonstrates * the greatness and odiousness of the sin of laying and levying unjust illegal taxes on the people ; proving , that besides the sin of rapine , there is peccatvm proditionis the sin of treas●n in it ; to other with the sin of ingratitude , and contempt of god and angels . and withal resolves ; that if rul●●● , souldiers shall impose or levy any unjust taxes upon the people , or exact more from ●hem 〈…〉 just wages , contrary to the gospel precept , luc. . . 〈◊〉 proditores , they are traytors : spoliant enim filios de. 〈◊〉 fidei 〈◊〉 commendatos ; for they spoil the people of god committed to their good f●●●● and tuition , and use them no otherwise than if they were enemies : and who knowes not that it is the crime of treason , cum amicis inimicitias exercere ; to exercise acts of enmity towards their freinds ? and like the devi● himself to render affliction and punishments to those , instead of protection and ●●●●ibution , who serve and pay them best . quibus ▪ dici potest quod secundum 〈◊〉 dominatio eorvm diabolica est : as he there d●●ermines , to rectifie the mistakes of those , who now think this kind of new tax imposing government , not diabolical , but angelical or saint-like . i now return to my former chr●nolog●cal method and collections , during all the reignes of our saxon and danish kings , which i shall prosecute in the nex● section , till the english supplantation by the normans ; of which john brompton of●●rual ●●rual gives this reason ( by way of divine ret●●i●tion ) which i desire all sword-men and othe●s , who ●epute conquest , and th● longest sword , a just and saint-like title to other men● lands , poss●ssions , and all temporiz●ng divines ( who like augustine the fi●st a●ch bishop of canterbury , who converted the english to christianity qui praetextv fidei gen●em advenam in alie●● confir●avit imperio ut svam et romana● jurisdictionem dilataret , instead ●f preaching , of pressing the doctrine of restitution to them , for which he is justly taxed by laeland & * math. parker , as being longe , dissimilis pa●●a●●o tunc scotorum apostolo , qui constantinum eorum regem ( test . polydoto ) multis precibus hortatus est , ne gentem saxo●um impiam contra britannos christianos ivvaret ) seriously to ruminate upon * hoc autem dei nutu factum esse constaet , ut ●●…lum contra improbos anglos postea iusto dei iudicio tempore disposito adveniret . nam sicvt angli quos deus , sceleribus suis exigentibus , disterminare proposuerat , britones peccatis suis exigentibus , humiliaverant , & a terra angliae minus iuste fvgaverant ; sic i●●i duplici persecutione , prim● dac●rum saevienti●● , postea normannorvm superuenientium fortitudine gentibvs extraneis subderentvr , quod in sequentibus appareb●● . finis . notes, typically marginal, from the original text notes for div a -e this epistle should have been printed before the first part ; but was omitted through hast . a see the several epistles of frederick the ● emperor against pope gregory the , and innocent the recorded by matt. paris , p. ● . fol. . sparsim . b see extrav . de ma●oritate & obedientia : augustinus triumphus , bellarminus , becanus , and others , de monarchia romani pontificis . * henricus de knighton , de eventibus angliae , l. . c. , . c see maffaeus v●gius & petrus ribadeniera in vita ignatii loyolae . heylius microcosme , p. . d see lewis . owen his jesuites looking-glass , printed london . the epistle to the reader , and p. to . jubilaeum , sive speculum jesuiticum , printed . p. to . * and are there not some thousands of them here in england under several disguises ? e mercure jesuite , tom . . p. . speculum jesuiticum . p. . f see lewis owen his running register , & his jesuited looking glass . the anatomy of the english nunnery at lisbone . g de monarchia hispanica , p. , , , , , , , , , . h see thomas campanella de monarchia hispaniae . wa●sons quodlibets , cottoni posthuma , p. . to . cardinal de ossets letters . arcana imperii hispanici delph . . advice a tous les estat's de europe , touches les maximes fundamentales de government & disseiendes espaginols paris , . i see my speech in parliament , p. . to . and the history of independency . k exact collection , p. , , , , , , , , , , , , to . a collection of ordinances , p. , , , . l see putney projects , the histo●y of independency , and armies declarations , papers , proposals . * p. , to . and continuation , p. , to . * now out of date . m quando eorum malitia hoc exigit & reipub. vel ecclesiae necessitas sic requiri● speculum jesuiticum , p. , , . mercure jesuite , part . p. , . n see their remonstrance from st. albons nov. . and other papers since . * see watsons quodlibets , p. , &c. o hist . gallica & belgica l. . p. . speculum jesuiticum . p. . p see speculum jesuiticum and the general history of france in h. . q speculum jesuiticum . p. . r see the general history of france in the life of hen. . and lewis . speculum jesuiticum , p. , , , . * speculum jesuit . p. . to . * see the general history of france in hen. . & lewis . ſ see grimstons history of the netherlands p. . thuanus l . p. . speculum jesuiticum p , ● . t speculum jesuiticum p. . v see speed and cambden in her life . bishop carletons thankful remembrance of gods mercy london . x h●spinian hist . jesuitica , speeds history p. . cambden , stow , holinshed in the life of queen elizabeth . speculum jesuiticum , p. * see watsons quodlibets . y see speeds hist . p. . , . john stow , and how. jacobi . z cook institutes , p. . and calvins case . report f. , . jac. c. . * see fox , holinshed , speed , mariae . a see jac. c. , , , . speeds history , p. , to . the arraignment of trayto●s , with others . prayers for the of november . b speeds hist . p. . the arraignment of traytors , and m. john vicars history of the gunpowder treason . c see my epistles to jus patronatus , and speech in parliament . * jer. . . d romes master-piece , p. , . * romes master-piece , p , . to . e the victory of truth , anno . f page , , , , , , &c. g see my speech in parliament , and memento . the epistle to my jus patronatus , and tho. campanella de monarchia hisp . c. . * see the declaration of the secured and secluded members , the london●ministers and others , representation to the general , and the second part of the history of independency . h jubilaeum , sive specutum jesuiticum epigramma . i hasenmullerus hist . jesuit . c. . speculum jesuiticum , p. . k exact collection , p. . to , , , , , , to . , , , , , , , to , to . , to , , , , to , , , . l exact collection , p. , , , , , ● , , , , . m see the new government of the commonwealth of england , ar. , , , , , . n exact collection , p. , , &c. o quere whethe high court of justice , had not it's title from hence ? * see w. watsons dialogue between a secular priest and lay gentleman : printed at rhemes , . p. . p and is not this the chief reason of their late endeavoured alterations ? nota. q and was not this the very principal engin lately used to alter the government , cut off the king , and div●●● his posterity of their kingdoms , witn●ss the armies printed declarations , and the junsto●s vo●es in ●u●suance of them , jan. . . see mene tekel perez by john rogers . * this he hath since this epistle penned , affirmed in a printed speech before a greater assembly , sep. . . p. , . r as amongst other , eleaza● , and joseph bar. isaiah , cheating impostors and villains , who have cheated good people of some thousands of pounds . the of them would have forcibly ravished a maid in march last , and fled away in the night to avoid apprehension , from dursly in glocestershire . he confessed in his drink , he was a souldier in prince ruperts army . nota. * eliz. c. . eliz. c. . jac. c. , , , . jac. c. . * t. p. the new fa●x is first . ſ and since this in a printed speech , sept. . . * hath not the army done this in our nations ? t the monarc●y of england hath been , . in the britons . . in the saxons . . in the dan●s . . in the normans royal line , and now the must be elective in others . v de monarchia hisp . c. . see the epistle to my jus pa●●●●●tus . x a●t . , , , , ▪ ▪ , . * luke . rom . . pet. . . col. . . heb. . . rev. . . y a true state , &c. p. . z see thomas campanella , de monarch . hisp . c. , , . a see their almanacks in january , february , september , october , december , b see sixtus ab hemminga . astrologiae refutatae jo. francus officius de diu . astrorum faculitate , in larvatam astrologiam . corn. s●epp●●us contra astrolog●s . alexander de angelis in astrologos , hie●om savanorola adve●sus divinatric●m astrono●iam : & apologeticus pro tractatu ejus adversus astrologos , . picus mirandula contra ast●ol . pu thas pilgrimage , p. , , . mr. gatakers vindication of his annotations on jer. . london , . sixtus senensis bibl. sanct. p. , , , to . c quodlibet . a●●●● . . p. . d quodlibet . art. p. . see p. , . e quodlibet ● . artic. . p. , . nota. a de monarchia hispanicia c. . p , &c. b de monarchia hispan . c. . c see watsons quodtibets , p. , to . a dialogue between a secular priest and lay gentleman , printed at rhems , ● . p. , , . conte de galeazzo gualdo 〈◊〉 , hist . part . veneti●s . p , , . e quodlib . ar . p , . * nota. f quodlibets p. , , , , , , , , g quodlibets p , , , , , , , , , , &c. , . a d●alogue 〈◊〉 a secular priest and a l●y gentlem●n . anno . h quo●libets p. 〈◊〉 ●o , ● , ● , . 〈…〉 . see j. ● . his treatise of the right and 〈…〉 prelate and prince , print●ed . and reprinted , by 〈◊〉 jesuites . i quodlibets , p. . k quo●libets , p. , , and elsewhere . l quod 〈◊〉 p . . . . . f iosh . , . ● & psal . . . psal . . heb . , . g when our saviour himself was a prehended , c●rrie● away priso●e ▪ , and like to bee crucified , all his d●sc●ples so ●ook him & fled , and pe●e denyed h●m with in oath , m●t. . . to . and at pauls first appearance before 〈◊〉 no man stood with him , but all me● forsook him , i pray god it be not laid to their charg ; tim. . . . and so i● is now with most p●blike s●fferers . * exac . collec . p. , . h exac . 〈◊〉 p. . * nota. i see h● 〈…〉 : old and new declarations ●gainst the parliament & member . their t 〈…〉 e state of the commonw●alth &c. w 〈…〉 h , 〈…〉 is but a direct ar 〈…〉 g●n out of themselves under t●e name of oth●r . k exac . collec . p. . . , &c. l s●e ●heir decl●r●ti●●s in may , iune , iuly . aug. . in novemb. decem. ian. . ian : & . and 〈…〉 of the ca●e of the common-wealth of england , &c. p. c. . anno . with som othe● pa●ers and speeche , since . m exac . collec . p. . , to . n exac . collec p. . . to . , . . o 〈◊〉 one member sister . all the members suffer with it . cor. . . p see kooks insti● . ch : . p. . ● , . . . & 〈…〉 for the lord. q n●r yet aga●●st my self and other secured 〈◊〉 & long in prisoned members . * and are they not so now , almost past hopes of any future replanting . * modus tenendi parliamentum . cook . 〈◊〉 c. . * exact collection p. . . , , . . . . . . a collection of ordinances p. . . , * let those who who took it , remember their violations of it and repent . see exact collect . p. , * was this verified by many of these remonstrants ? * exact collect. p. . . . to . , , . . , , , , , , , , , , . . , . , , ● , , . a collection p. . , . * exact collect. p. , . , . * so stiled exact coll. p. . , . , , ● . besides the authorities in the . chapter . * exact collect. p. , , . * exact coll. p. , to . * exact . coll. p. . * see their impeachment of the xi . members , and the humble answer of the general councel and officers of the army , &c. jan. . . * have they not lately done so since this was penned , as well as heretofore ? * epistola ad solitariam vitam agentes . sr. christopher sybthorpe his reply to an answer made by a popish adversary dublin . p. , . * see the declaration of the lords and commons june . concerning this statute . * exact collect. p. . ● . , , , , , , , , , , , . . * exact coll. p. , , . to . , , , , , , , , , . * exact coll. in the pages quoted before . * article , , , , , , . , , , , . * exact collect. p. . * how much it hath been dishonoured by the contrary , let the army officers read at leasure in militiere his victory of truth ▪ nota. * nota. * who in their letters of july . . propositions of aug. . and other of their declarations , professed to all the world , that it was fully agreeable to all their principles , and should be their desires and endeavours to maintain monarchy the priviledge and freedome of the parliament ; and the rights of his majesty and royall family , that so a lasting peace and agreement might be settled in this nation , &c. which otherwises must not be hoped for nor expected : let them now consider it ? s psal . . . psal . . , &c. eccles . . , . t ezek. . ●● . v see king. . , to . x deut. . . cor. . . rev. . . ephes . . . y plutarch , arrianus , qu●ntus curtius , suetonius , grimston , in the 〈◊〉 of alexander , and julius caesar . balaeus , his lives of the popes . mon●y ' s mystery of iniquity . z king. . , , . c. . , , . isa . . , to . a rev. . , to . c. . , . c. . . king. . . to . b ephes . . . c 〈◊〉 , plutarch , su●onius , grimston , and othe●s in his life . jacobus usse●iue annabum pars posterior , p. , . * see 〈…〉 a● . . * see the turkish history in his life . * see huntingdon , mat. ●est . an . grafton , speed , holinshed , fabian brompton , in the life of penda . d judg. , , 〈◊〉 . e s●e joel . , . m●t. . . and sir wal. rawleighs preface to his history of the world ; and dr. beards theatre gods judgements ▪ on the and commandm●n●s . f isa . . . c. . , . psal . . . psal . , . g rom. . , . psal . . . h see sam. . , to ● . ch . . . sam. . , , . jer. . . i tacitus in vna agri●●●e . k jer. . , . l cor . . m recorded in livy , tully , plutarch , and others . recta honesta digna imp●ri● , digna populo romano , omnia pericula pro republica subire , mori pro patria . cicero de finibus bonorum , &c. p. . and tusc . quaest . p. . n esth . . . o cor. . . tim. . , . p cor. . , . mat. , . a wa●sons quodlib●ts . quod. art. . p. . nota. * do not many now boast , talk , write , of such a conquest ●y the army ov●r england ? d quodlibets , p. , , 〈◊〉 , . c eliz. c. . eli c. . jac. c. . jac. c. , . jac. c. . carloli . the act for tri●nnial parliaments . d see the printed edicts repeating them , and enforcing the engagement an. . e see the propositions for the treaty . f see the preface to the covenant . g see the edicts for the engagement , an. . h bellarmin de pontif. romano . sir humph. linde his via devi● . i see grotius de ●ure belli & pacis , l. . c. . p. . k watsons quodlibets , p. , , , , . l de monar . hisp . c. . m conte de galiazzo , gualdo priorato part . . p. p , , . prorato hist . n see cor. . . to . h. . c. . jac. c. , . jac , c. , . notes for div a -e a heur . huntindon hist . l. . p. . galfr. monum . hist . l. . math. westm . flores hist . aetas . p. , . ponticus virunnius hist . l. . polychronicon , fabian , and sundry others . * walsingh . hist . angl. p. , &c. b tho. walsingham . hist. angl. 〈◊〉 . . p. . c galfr. monum . hist. l. . c. . math. west . floreshist . p. , . ponticus virunn . hist . l. . d see camd. brit. p. , . e galfr. monum . hist . l. . c. , to . and math. west . p. , , , . proposit . , , . proposit . . . f galfr. monum . hist. reg. brit. l. . c. . ponticus virunnius hist . brit. l. . mat. westm . p. , . g gildas hist . c. . galfr. monum . l. . c. . math. west . p. . . tho. r●dburni chron. dr. vsher de brit. eccles . primordiis . p. , . fox . acts and monuments vol. . p. . . ponticus virunmus brit. hist. l. . proposition . . . ( h ) galfr. monum . hist. l. . ponticus virunnius . brit. hist . l. . math. westm . aetas . p. . . proposit . . proposit . ▪ proposit ▪ . i galfr. monum . & ponticus virunn . hist . brit. l. . math. west . aetas . . p. . . fox acts and mon. vol. . p. , . proposit . . k galfr. monum . hist . brit. l. . c. , . math. west . p. , , &c. ponticus virunnius l. . fabian , holinshed , grafton , speed in their lives . ( l ) galfr. m●num . hist l. . c. . ponticus virunnius l. . math. west p m galfr. m●num & ponticus virunnius hist . brit. l. . math. west . p. , . fabian , holinshed , grafton in the life of cassibelan . n comment . l. . john stow his survay of london p. . speeds hist . of great britain p. . proposit . . . proposit . ● . * or , si quis adversus aliquem suorum querimoniam haberet , as others render it , q see camd. brit. p. , , , , , , , , , to . speed hist . p. , to . dr. vsher de brit. eccles . primordiis c. . r see ca●nd . brit. p. , . * galfr. mon. hist . l. . c. . ponticus virun . l. . & mat. west . † galfr. mon. l. . c. . to ▪ ponticus virun . l. . mat. west . ann . , , , anno dom ▪ , , . * john trivianth , malmesb. and others , cited by bishop vsher de brit. eccles . primordiis c. . mat. pa●● . anti. brit. p. , ▪ † mat west . ann . . . galfr. mon. l. . c. , ● . pontiens virnun . l. . a tacitus in vita agricolae . camd. brit. p. * is not this our condition now ? an. dom. . tacitus annal. l. . speeds hist . of great brit. ● . , to . camd. brit. p. proposit . . . is not this englands condition now ? an. dom. . s mat. west . an. . . galfr. mon. l. . c , . l. . c. . ponticus virun . l. , & . lambards archai●n . bish●p jewel reply against harding artic. . div●s . . p. , . antiq. eccles . brit. p. , . fox acts and m●n . vol. . spelm. concil . p. , , haris●ns desc●ip . of brit ▪ l. . c. . godwin conversion of brit. dr. vsher de eccles . brit. primordiis c , ▪ . holinshed , speed , grafton ▪ stow in the life of lucius . proposit . . proposit . . t antiq. eccles . brit. p. . proposit . . u mat. west . anno . an. dom. . x tacitus in vita agricolae . camd. brit. p. y math. w●st . anno . balaeus cent. . scrip. brit. c. . boetius l. hist . scotorum . fo●don . scotichronicon . l. . c. . dr. vsher de eccles . brit. primordiis . c. . p. , . spelm. concil . p. . camd. brit. p. , , , , , tacit. annal . l. . * is not this in a great part our present condition ? an. dom. ●● . z mat. west . ann . , &c. galfr. monum . l. . c. , , , . ponticus virun , l. . holinshed , fabian , grasion , stow , speed. a pomponius laetus , and speeds history . an. dom. . proposit . . anno . b see beda eccles . hist. l. . c. . math. west . ann . . p. . gildas . de excid . britan. zonaras , paulus , dia●conius and others in his life c see euseb . eccles . hist . l. . c. . proposit . . an. dom. . d math. west . anno , . proposit . . e hist . regum brit. l. . c. , , , . f hist . brit. l. . see fabian , holinshed , grafton . proposit . . . proposit . . g mat. west . ann . ● , , , , ● , , . galfr. monum . & ponticus virun . l. , & . fabian , holinshed , speed , grafton , gildas de excidic brit. malmesbur . de gestis regum angl. l. . c. . camd. brit. anno , &c. anno . proposit . . . anno . proposit . . an. dom. , to ● . h mat. west . ann . . to . will. malmesb. de gestis regum l. . c. . galfr. monum . & ponticus virun . hist . reg. brit. l. , , h●my huntind hist . l. . ethelwerdi hist . l. . antiq. eccles . brit. p. , . fabian , holinshed , speed. grafton , stow , in the lives of vertigerne & aurelius ambrosius . * have not others of late times done the like ? anno . proposit . . . anno . anno . proposit . . anno . proposit . . * whom we usually now call earls proposition . proposition . proposition , i see heylins microcosme , p. , , , ● , , , . anno dom. . k galfr. monum . l. c. , , &c. math. westm . an. &c. authors . proposit . , . proposit . . . anno . k galfr. monum ; hist . reg. brit. l. . c. to . & l. . c. . to math. westm . an , . walsingham hist angliae , p. . speeds history p , . propos . , , . propos . , , . nota. proposition . proposit . . anno . l see holinshed , and dr. vsher , de britannicarum ecclesiarum primordiis p. to . speeds history p. , , , . m psal . . . n isay . o de gestis regum angl. l c. . p , . p galfr. morum . hist . l. c . ● , . speeh concil . p. . q see math. westm . anno ● . . anno dom. . a math. westm . anno . p. . fabian , grafton , holinshed and others . b andrew hor●es mirrour of justice , c. . sect. . p. , , , malmes bury , huntingdon , beda , ethelwerdus , holinshed , speed , and others . prep . , , , ● . proposition . c eccles . hist . gentis anglorum l. . ● . . huntingd. hist . l. . p. malmesbury de gestis regum ang l. c. . chron : johann : brompton col ; : anno . d concil . tom. . p. . proposition . proposition . anno . proposition . e chronica w : thorne col : , : spelm : concilia , p , , , . proposition . f spelmani concil . p. , , , , , , . ingulphi hist . p. . , , &c. malmesbury de gestis regum angl. l , . c : . l : . c : . math. westm . anno , , * chronicon i●han : brompt : chronica w : thorne , evidentiae ecclesiae christi cantur & chronologia august : cant. g spelmanii concil : p. . evidentiae ecclesiae christi cant : col : * sed quia ille rex cunctis principibus non placuit , nolu●runt donum ●jus permanere ra●tum , &c. proposit . . h see ingulphi hist . p : . spelmanni concilia p : , , . i math. westm . anno : p : . will. malmesb : de gestis reg. angl : l : : c , : p. . henry h●ntindon hist : l , , p , . chron : iohann : brompton col : , : speeds hist . p , ● . holinshed , grafton , fabian , and others in his life . prop : , , , anno . k math : westm : anno ▪ p , : huntindo● hist : l , . speeds history p , , . see fabian , holinshed , grafton . propos . . , . anno . l math : westm : anno : p , . will : malmesbury de gestis regum l , : c , p , . see huntindon speed , holinsh : grafton , in his life , and fabian . chron : johann : brompton col : ▪ hen , de knighton : de ●●●itibus angl : l , : c , : anno . m spelmanni concil : p , . n see lambards archaion brompton col : o spelmanni concil : p , , ; chron : iohann : brompton col : . p spelmanni concil : p , , &c : ● , ● , , : anno . q psal . : . r see math. westm : anno : p , , , . proposition ſ dan : : ▪ prop. , . t pet : : , : u rom. . x eccles . : . y rom. . z esth . : , . a sam. . , : c , , , , : sam : : , to . b see dr : beards t●eatre of god judgements . math. westm : an : , ● , , , , . , ● , , , prop , , , ● . c lev : . d isay , : c , : , , ▪ e math : : : f exod : : : g isay : , h psal : : i math. , : prop. , , . k john : . l de gestis ▪ regum angl. l , : c , : p , . m historia : l , ▪ p , , , . speeds history p , , , . see fabian , holinshed , grafton , math. westm . anno , , ● , , . n malmesb : de gestis reg : l , . c , : p , , . speeds history p , . alchuvini opera p , ; . * de gestis reg ▪ l , 〈◊〉 , . o histor : l , : p. , , l , : p , . watb : westm . an : , , , . p flores hist ▪ anno ● : p , , . * tractatus joannis aven●ini de rebus turcicis p , . heylins microcosmus in germany . proposition . anno dom. . proposition . q spelmanni concil : tom : : p , , , , : chron : johann : brompton col : , , * lambard : archaion : chron. johann . brompton col : , ● . spelm : concil : p , , , , . r spelmanni concil : p , , . * see gulielmi sonmeri glossarium title : cyricsceattam . s irae●eus , l , : c , : origen homil : in num. hicron : in malach : c , . augustin : de tempore serm : . cassianque c , , . isiodor pelusio ta : l , . ep. antiochus homil . : concil : arelatense : can : . * spelm ▪ concil : p , chron : iohann : brompton col : . * see spelm : glossarium & guli : sonmeri glossaerium title : cyricscea●●am . t spelmanni concil : p. , , , anno dom. . proposition . * centur : magd : ▪ c , . spelm : concil : p , , , , , , . mr. seldens history of tithes ch : , p , , . * let our tith-opposing souldiers and others observe it . u spelmanni concil . p , . hen : de knyghton de eventibus angliae l , , col , . anno dom. , . x spelmanni concil . p ▪ , to , , . radulsus de diceto abbreviationis chronicorum col , , chron. iohann . brompton col : , . proposition . y math. westm . anno , p , . propo. . z spelmanni concil . p. , , , ▪ , , . mr. lambards archa●●n . johannis brompt chron. col . . , . henr. de knighton de eventibus angliae l , ▪ col , ● . * see my gospel pl●a , for tithes , &c. . anno dom. , , , , &c. proposition . see my humble remonstrance against the illegal tax of ship-money p , , &c. * mat. westm . an. , , , &c. simeon dunelmensis hist . de gestis regum angliae p , , , , . b math. westm . anno , , , , . simeon dunelmensis hist . col . , , , , * chron. johan . brompton col . . anno dom. . proposition 〈◊〉 * see mich. leckm . ser & sueni ros●l●● tit. pedagium . * see mathew paris in henry & cookes justitutes c , . rastal taxes . * see alexand. fabrit . destr . vitionem pars c , . who is fuller than he herein . * antiqu. eccles . brit. p , . * chron. iohan. brompton col . . die martis, aprilis, . resolved by the parliament, that the arms of the late king be taken down in all ships of and belonging to the commonwealth ... england and wales. parliament. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing e a). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e a estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) die martis, aprilis, . resolved by the parliament, that the arms of the late king be taken down in all ships of and belonging to the commonwealth ... england and wales. parliament. sheet ([ ] p.). printed by john field, printer to the parliament of england, london, : . title from caption and first lines of text. reproduction of original in the henry e. huntington library. eng great britain -- history -- commonwealth and protectorate, - . great britain -- politics and government -- - . broadsides -- england -- th century. a r (wing e a). civilwar no die martis, aprilis, . resolved by the parliament, that the arms of the late king be taken down in all ships of and belonging to the c england and wales. parliament a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion blazon or coat of arms die martis , aprilis , . resolved by the parliament , that the arms of the late king be taken down in all ships of and belonging to the common-wealth ; as also of all merchants or others inhabiting within the same : and that the generals at sea be required to see the same done accordingly . resolved by the parliament , that all iustices of the peace in the respective counties , and all other publique magistrates and officers , church-wardens , and vvardens of companies , be authorized and required to cause the arms of the late king to be taken down and defaced , in all churches , chappels , and all other publique places within england and wales , and town of berwick . ordered by the parliament , that these votes be forthwith printed and published . hen : scobell , cleric . parliamenti . london , printed by john field , printer to the parliament of england , . a declaration of the lords and commons assembled in parliament. that none shall be elected into any office whatsoever, that hath been in the kings army, ayding or assisting the enemy against the parliament, within the kingdom of england, dominion of wales, and town of berwicke. die jovis septemb. . england and wales. parliament. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) a declaration of the lords and commons assembled in parliament. that none shall be elected into any office whatsoever, that hath been in the kings army, ayding or assisting the enemy against the parliament, within the kingdom of england, dominion of wales, and town of berwicke. die jovis septemb. . england and wales. parliament. sheet ([ ] p.) for john wright, at the kings head in the old bailey, printed at london : . no person that hath been in arms against the parliament, etc. may be elected mayor or any officer in england and wales; if elected the election is void. this does not extend to persons who have been discharged from seqestration -- cf. steele. order to print signed: jo. brown cler. parliament. annotation on thomason copy: " ber [i.e. september] ". reproduction of the original in the british library. eng england and wales. -- parliament -- early works to . royalists -- england -- th century -- early works to . great britain -- history -- civil war, - -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no a declaration of the lords and commons assembled in parliament. that none shall be elected into any office whatsoever, that hath been in the england and wales. parliament. c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion a declaration of the lords and commons assembled in parliament . that none shall be elected into any office whatsoever , that hath been in the kings army , ayding or assisting the enemy against the parliament , within the kingdom of england , dominion of wales , and town of b●rwicke . die jovis septemb. . be it declared , ordered , and ordained by the lords and commons in parliament assembled , that no person whatsoever , that hath been in armes against the parliament , or hath been ayding or assisting the forces of the enemy , or hath been , or is sequestred , shall be elected , or constituted mayor , alderman , bailiffe , sheriffe , justice of peace , steward of any court , constable , or any other officer in any county , city , borough , or towne corporate , within the kingdome of england , dominion of wales , and towne of berwicke ; and in case any such persons as aforesaid be elected into any of the offices aforesaid , in any of the aforesaid places ; the lords and commons doe declare all such elections to be voyd and null ; provided , that this shall not extend to any person or persons who have been , or shall be unduely sequestred as delinquents , and have been , or shall be therefore discharged of the said undue sequestration , by both houses of parliament , or by the lords and commons for sequestrations . die jovis septemb. . ordered by the lords assembled in parliament , that this declaration concerning the election of officers be forthwith printed and published . jo. brown cler. parliament . printed at london for john wright , at the kings head in the old bailey . . meroz curse for not helping the lord against the mightie being the substance of a sermon, preached on a day of humiliation, at st. sepulchers, london, decemb. . / by that powerfull and godly divine, mr. stephen marshall ; published in one sheet of paper, (not by the author) but by a lover of the truth, for their good especially, that are not able to buy bigger bookes ; being a very seasonable subject, wherein all that either out of policie or sloth, rfuse to helpe the lord, may see their danger, and they that are willing are called, and directions given to them both what manner of persons they ought to be, and what they ought to doe to help the lord ; wherein also every true christian may see, that though they be never so weake or poore, yet they may, and ought to helpe the lord, and by what meanes. marshall, stephen, ?- . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing m a). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing m a estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) meroz curse for not helping the lord against the mightie being the substance of a sermon, preached on a day of humiliation, at st. sepulchers, london, decemb. . / by that powerfull and godly divine, mr. stephen marshall ; published in one sheet of paper, (not by the author) but by a lover of the truth, for their good especially, that are not able to buy bigger bookes ; being a very seasonable subject, wherein all that either out of policie or sloth, rfuse to helpe the lord, may see their danger, and they that are willing are called, and directions given to them both what manner of persons they ought to be, and what they ought to doe to help the lord ; wherein also every true christian may see, that though they be never so weake or poore, yet they may, and ought to helpe the lord, and by what meanes. marshall, stephen, ?- . [ ], p. [s.n.], london : . reproduction of original in the university of illinois (urbana-champaign campus). library. sermon by stephen marshall preached mainly before the house of commons. eng fast-day sermons. sermons, english -- th century. great britain -- politics and government -- - -- sermons. a r (wing m a). civilwar no meroz curse for not helping the lord against the mightie. being the substance of a sermon, preached on a day of humiliation, at st. sepulche marshall, stephen c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - jonathan blaney sampled and proofread - jonathan blaney text and markup reviewed and edited - pfs batch review (qc) and xml conversion meroz curse for not helping the lord against the mightie . being the substance of a sermon , preached on a day of humiliation , at st. sepulchers , london , decemb. . . by that powerfull and godly divine , mr. stephen marshall . published in one sheet of paper , ( not by the author ) but by a lover of the truth , for their good especially , that are not able to buy bigger bookes . being a very seasonable subject , wherein all that either out of policie or sloth , refuse to helpe the lord , may see their danger ; and they that are willing are called , and directions given to them , both what manner of persons they ought to be , and what they ought to doe to help the lord . wherein also every true christian may see , that though they be never so weake or poore , yet they may , and ought to helpe the lord , and by what meanes . ezekiel . . yee have not risen up in the gaps , neither made up the hedge for the house of israel , to stand in the battell in the day of the lord . london , printed in the yeere , . meroz curse . judg. . . curse yee meroz , said the angel of the lord , curse the inhabitants thereof , because they came not to helpe the lord , to helpe the lord against the mighty . this verse containes a curse against a whole city , and all in it , wherin we may consider these particulars : . a dutie that should have beene performed , and that was , a comming out to the helpe of the lord against the mighty , the omission whereof was the cause of the curse . . the persons cursed and they were the inhabitants of meroz . . the commander of the curse , the angel of the lord , to wit , christ jesus himselfe , who is the angell of the covenant , and captaine of the lords hoast . in the duty that should have beene performed , we may consider , first , the parties they should have helped , the lord : secondly , against whom they should have helped the lord , and that is , against the mighty . in the persons cursed , wee may consider , first , what the curse was ; and that i do confesse i cannot tell , whether it was fire or pestilence , but this is most certaine , gods curse is the ruine of those people on whom it lights : secondly , wee may consider what this city meroz was , and for that , i shall tell you , i cannot find in the whole booke of god this city mentioned once againe , and therefore cannot certainly tell you where it was situated , onely this we may certainly conclude , that it was neer unto the place where the lords people were in danger of their enemies . i have begun this text in another congregation , i will therefore give you the briefe heads of what i have elsewhere more largely delivered , and so come to that which remaines . first , from the consideration of the parties against whom they should have holpen , the lord , it is said they were mighty ; whence wee have observed this point . that the mighty ones of the earth do many times oppose the lord . secondly , from thence we have also observed : that gods people should not be afraid to oppose the mighty , when the cause is the lords . secondly , from the consideration of the parties whom they should have holpen , they were the people of god , and yet the lord calls it his owne people , whence i observe : that to helpe gods people , is to helpe the lord . thirdly , from the consideration of this neerenesse to the people of god in regard of habitation i observed : that the neerer a people are to gods people in distresse , the more is their helpe required , and the greater is their sinne , if they doe not helpe them : this i applyed to our selves , in regard of that case of ireland . fourthly , from the consideration that the curse extends to all the inhabitants of the city , i observed : that there is neither man nor woman , but they may afford some help to gods people in distresse , if they have grace in their hearts ; thus farre have i gone already and now the maine point that i intend to insist upon at this time , is this . that they are all cursed that helpe not the lord , that is , that helpe not the lords people in the time of their distresse ; for the proofe of this point , observe but that reprehension of moses , numb. . . to the children of gad and the children of ruben , shall your brethren , saith he , goe to warre , and yee tarry here ? no by no meanes . and so our saviour , in mat. . . will say , goe yee cursed into everlasting fire , prepared for the divell and his angels ; for i was hungry , and yee gave me no meat ; i was thirsty , and yee gave me no drinke . but i will stand no longer on the proofe of the point , but come unto the use of it , which i doe principally intend to stand upon . and first of all , is it so , that they are all cursed that help not the lord against the mighty ? then surely they are cursed with a heavie curse , that help the mighty against the lord : but i hope there be few or none such in this congregation , and i desire not to speake much to them that be absent ; yet if any of you that heare me have any friends that are guilty of it , i pray you tell them what a fearefull condition they are in , that set themselves against the lord . but there are others , who are not so bad as to help the mighty against the lord and yet not so good as to help the lord ag●inst the mighty , but stand as neuters at such times when it is hard to say , whether the lord or the mighty will prevaile ; and of these there are two sorts . the first sort doe it out of policy , as now at this time , the church of god in england , by reason of the mighty , hath beene long under tyrannicall government , and the lord , we hope is now at warres with them , why there are some politicians that stand looking on to see which side will prevail . and if the lord should now reforme this government , and so prevaile , why then they would be on the lords side , but if the mighty should prevaile , which the lord forbid , then they would be on the mighties side . but as gideon said to the men of succoth , when they refused to give morsels of bread to his people that followed after zebab and zalmunna , kings of midian , when the lord hath delivered them into mine hand . i will teare your flesh with thornes of the wildernesse , and with bryers , so say i to such , if the lord prevaile against the enemies of his church the lord will make them smart , be sure of it , for that you will now afford him no help against them . the second sort are such as refuse to help the lord , not so much out of policie as out of sloth and negligence , like unto the men of iabesh gilead , that went not to warre with their brethren against the benjamites : but let such consider , what the israelites did unto them , by reason of this their sloth and negligence , as you may reade , iudg. . . &c. to wit , how they fell upon them and destroyed them , because they came not up to mizpeth to the lord . the next use shall be for exhortation to you all , is it so , that they are cursed that help not the lord against the mighty ? why then brethren , as you desire to be freed from this curse , and to obtaine a blessing at the lords hands , be exhorted to put forth your hands now to the help of the lord , i pray you looke on me as on one that commeth amongst you this day to beat a drum in your eares , to see who will come out to follow the lambe . now then beloved , so many of you as are willing , come , and i will give you direction what to doe , that you may all of you afford some help to the lord at this time . and first let me tell you , that the lord doth not require your help so much for any need he hath of it , as for to honour you thereby ; for beloved , you are to know , that it is an honour to help the lord , the lord , as i may say , scornes to have help from every one , no , you must be fitly qualified before you be meet to helpe the lord , and that with these three things . first you must be godly , or else you are unfit to be helpers of the lord ; the lambes followers must be such as are chosen and called , and faithfull they must be holy men , and holy women ; therefore , you that are ungodly persons , believe it , you are not called to this help of the lord . secondly , you must be selfe-denying persons , you must deny your owne profit your owne ease , your owne friends , yea and all that you call your owne ; the apostle paul writing to the philippians , saith , hee hath no man like minded to timotheus , and in the next verse hee gives the reason , saying , for all seeke their owne , and not the things of iesus christ therfore i say , you can never be fit to helpe the lord , untill you put off all that is your owne , and say to christ , as ruth said unto naomi ; whither thou goest i will goe , and where thou dwellest i will dwell , thy people shall be my people , and thy god my god . thirdly , you must be such persons as have a love to the church ; for beloved , you shall meet with so many rubs in the way , so many discouragements to flesh and blood , that if you have not a great love to the cause of christ , you will be subject to turne backe from the lords cause when there is most need of your helpe , therefore , alluding to that of the apostle , cor. . i say unto you , the most excellent way is love , it is that which constitutes a man to be a meet follower of christ ; you know it is said of iacob , gen. . . that the seven yeeres he served for rachel , seemed unto him but a few dayes , because hee loved her ; even so brethren , if you get a love to christ and his church , you will willingly help the lord , though you meet with some difficulties , therefore never rest , untill thou hast so much love , as to say , as i remember a godly minister said , i praise god , i am not troubled at any crosse , but at the afflictions of gods church , nor i care for no welfare so much , as for the welfare of christ church . but it may be some will say , o sir , but how should i doe to get such 〈…〉 the church of christ ? 〈…〉 ●●nsider how dearely christ hath loved it , that he hath given 〈…〉 it . 〈◊〉 consider that he hath left his church here amongst us , and 〈…〉 distresse , to try our love to it . 〈…〉 ●●nsider , that if thou be a member of it , then all the rest 〈…〉 thee , even thy brethren and sisters . but 〈…〉 be willing to helpe the church to my power , what direction 〈…〉 〈◊〉 give me that i may put forth that power wich i have ? first 〈…〉 godly nehemiah , daniel , and old eli did , that is , enquire diligently what the state of the church is , and let me tell you , brethren , i am perswaded that it is a great fault of many of us here in england , that wee doe not performe this dutie as we ought , wherefore be exhorted to labour at this time to find out the state of gods church , both in england and in 〈◊〉 . secondly , when thou hast sound out the state of the church , and so consequently what it wanteth , then in the next place , consider what thou hast in thine hands to supply the want thereof : thou must observe this rule , that whatsoever good god hath put into thine hands , thou art but a steward of it , and thou art to imploy it for the good of gods church ; all gods people have an interest in that talent that god hath committed to thy imployment . now , there is one talent which i am sure every childe of god that is effectually called hath , though they be never so poore , and that is the talent of prayer ; for indeed , it is the surest evidence to witnesse unto them , that the spirit of christ is in them , when they can cry abba father : according to the lawes of our kingdome , a child cannot be proved to be borne alive , except there be witnesse that it was heard to cry ; even so we say in divinity , that every one that hath the new birth can cry to god his father in prayer ; so that i say , every child of god hath this talent of prayer . and this talent the lord requires they should use and imploy for the good of his church and people , according to that scripture , pray for the peace of ierusalem , and that in isay . yee that are the lords remembrancers , give him no rest , till he set up ierusalem , the praise of the world ; and beloved , let me tell you , the exercise of this talent of prayer , is charged upon all ranks and conditions of men , for that the exercise of no other talent can doe any good without this , neither the governing of the magistrate , nor preaching of the minister , nor fighting of the souldier , nor the contribution of the rich man , will doe any good without prayer , it is prayer that brings a blessing downe upon all ; yea , the exercise of this talent of prayer many times doth more good than all the rest . a praying christian ( let me speake it with holy reverence ) can doe all that god can doe , and therefore , in king. . salomon reckoneth up all the hard conditions that the church of god can fall into , and alwayes concludes , then heare thou in heaven , &c. and then god answers , i have heard thy prayers and supplications that thou hast made before me ; with this talent of prayer the servants of god have overcome god , and held his hands , in so much that the lord , if i may so speake , hath been glad to intreat them and command them to hold their tongues , and let him alone . beloved , as god onely can remove the churches troubles , so prayer onely can prevaile with god to doe it ; it is prayer that bringeth all gods promises into performances ; there is not any part of the world , but a christian can reach it by prayer ; there is not a blessing in heaven , but prayer can fetch it downe ; prayer can knocke downe enemies ; when moses held up his hands , israel prevailed ; david by prayer choked achitophel ; hester and her people by prayer hanged haman . so that i may say of prayer , as the author to the hebrewes saith of the faith of those worthyes there mentioned , the time would be too short , to reckon up all that a christian can doe by prayer . and yet alas , i feare me , there are some christians who have grace in their hearts , that have not imployed this their talent for the good of gods church , whose conscience will witnesse unto them that they have not spent an houre in their closets , in exercising this talent for the good of gods church : o , be humbled this day , for this your selfe-love , and want of love to gods church . and i am perswaded , that the want of this hath beene the cause that the enemies prevaile so in ireland at this time , and that things goe on so heavily at parliament here at home . wherefore you that feare god , i beseech you be humbled for your omission of this duty ; and be exhorted to set upon the practice of it , o pray , pray for the parliament , o pray , pray for ireland , and call upon others to pray ; there is no man so meane in his estate , or weake in his body , but if he be a christian , he may contribute something towards this great worke , though he be not able to lend a peny , yet he may give a subsidie of prayers . beloved , if all christians would exercise this talent aright , their prayers would be as a thundring army against the enemies of gods church . but how shall i doe to exercise this talent aright ? first be sure that prayer be prayer , let it not onely be in speech , but powre out thy desires before god ; and to this end , get a heart truly affected with the thing thou prayest for . labour to get an humble and selfe-denying spirit , remember abraham , when he came before the lord in prayer , confessed he was but dust and ashes , and icob ; when he came before the lord in prayer confessed himselfe unworthy of the least of all gods mercies ; and david cryes out , heare me o lord , for i am peore . alwayes when thou goest to prayer , be sure to carry thy mediator along with thee , by faith in the promises , and begge earnestly for the lords sake , as daniel did , that so thy prayers may be fervent ; o beloved christians , if you would pray , and pray thus , you would be the most usefull people in all the world , yea , you would be the very props to these united kingdomes ; marke it then you men of the world , you sonnes of belial , that have beene wont to scoffe at praying christians , and to wish them all packed hence , and at new england , alas , you know not what an evill you wish unto your selves therein , if they were gone , woe be to you . and thus much shall suffice to have beene spoken of the talent of prayer ; in the next place what outward abilities soever thou hast , thou must also imploy for the good of gods church ; for hee that is a rich man , if hee pray and hold his purse , hee cannot expect that his prayers should be availeable . wherefore , if god have given thee both grace and money , i doe in the name of god beseech thee , to imploy both for the good of gods church and people , else it is to be feared , it may be as truly said to thee , as the poore man said to the bishop , who asking him a penny for christ his sake , the bishop answered , i will not give thee a peny , but i will give thee my blessing ; the poore man answered , ah master , if you loved your blessing as well as your penny , you would not give mee that neither . wherefore then to conclude , whatsoever god hath given thee that may do the church good , be willing to part with it for the churches good . finis . notes, typically marginal, from the original text notes for div a e- . . doctr. doctr. . doctr. . doctr. . doctr. doctr. vse . ● . iudg. . . . vse . . . phil. . . . ruth . . quest . answ. . . quest . answ. . exod. . quest . answ. . gen. . . gen. . . . dan. . . an act for continuing john bradshaw serjeant at law, chancellor of the dutchy and county palatine of lancaster ... england and wales. parliament. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing e ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) an act for continuing john bradshaw serjeant at law, chancellor of the dutchy and county palatine of lancaster ... england and wales. parliament. broadside. printed by john field ..., london : . "friday the eighth of april, . ordered by the parliament, that this act be forthwith printed and published. [countersigned] hen: scobell, cleric. parliamenti." reproduction of original in the british library. eng bradshaw, john, - . great britain -- history -- commonwealth and protectorate, - . great britain -- politics and government -- - . a r (wing e ). civilwar no an act for continuing john bradshaw serjeant at law, chancellor of the dutchy and county palatine of lancaster; and bartholomew hall esq; at england and wales a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - john pas sampled and proofread - john pas text and markup reviewed and edited - pfs batch review (qc) and xml conversion an act for continuing john bradshaw serjeant at law , chancellor of the dutchy and county palatine of lancaster ; and bartholomew hall esq attorney-general of the dutchy of lancaster ; and for continuing the jurisdictions of the said dutchy and county palatine of lancaster . whereas there is an act of this present parliament , entituled , an act for the making of john bradshaw serjeant at law , chancellor of the dutchy and county palatine of lancaster ; and for authorizing the said chancellor to pass a patent for constituting of bartholomew hall esq attorney general for the dutchy of lancaster : now for continuance thereof , and of the iurisdictions of the said dutchy and county palatine of lancaster , be it enacted by this present parliament , and by the authority thereof , that all the offices , places , powers , iurisdictions and authorities thereby given unto the said john bradshaw , and the said bartholomew hall therein named , as also the iurisdictions of the said dutchy and county palatine , be revived and continued until the tenth day of october , one thousand six hundred fifty and three , and no longer . friday the eighth of april , . ordered by the parliament , that this act be forthwith printed and published . hen : scobell , cleric . parliamenti . london , printed by john field , printer to the parliament of england . . an order and declaration of the council of state, concerning the determination of severall claims now depending before the commissioners for removing obstructions. england and wales. council of state. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e a thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) an order and declaration of the council of state, concerning the determination of severall claims now depending before the commissioners for removing obstructions. england and wales. council of state. sheet ([ ] p.) printed for giles calvert, henry hills, and thomas brewster, london : . dated at end: given at the council of state at vvhite-hall this . day of iune . order to print dated: thursday june . . signed: iohn thurloe secr. reproduction of the original in the british library. eng attachment and garnishment -- england -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no an order and declaration of the council of state, concerning the determination of severall claims now depending before the commissioners for england and wales. council of state. a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion blazon or coat of arms an order and declaration of the council of state , concerning the determination of severall claims now depending before the commissioners for removing obstructions . whereas by an act of parliament bearing date the twelfth of october . entituled , an act for further impowering the commissioners for removing obstructions , to determine claims , the commissioners named in one act of parliament , entituled , an act for transferring the powers of the committees for obstructions , or any four of them , were authorized and required to hear and determine all claims and causes not then determined , upon petitions formerly made to the said commissioners , or to the late committee of parliament for removing obstructions in the sale of any mannors , lands , tenements , or hereditaments , by any act or ordinance of parliament before that time appointed to be sold , with and under the proviso therein mentioned and expressed ; and wheras no time is limitted by the said act for the determination of such claims and causes as aforesaid , by reason whereof severall persons , who have long since put in diverse claims before the said commissioners and committee , do delay the prosecution of them , whereby great obstructions are made in the sale of the said mannors , lands , tenements , and hereditaments : it is hereby ordered and declared , that the time for the hearing and determining of the claims and causes mentioned in the said first recited act of parliament , shall be untill the first day of november next comming , and no longer ; and that all persons who shall not get allowance of their respective interest , from the said commissioners for removing obstructions , by or before the first day of november , shall be , and are hereby barred , and concluded , for and in respect of their said claims and interests . given at the council of state at vvhite-hall this . day of iune . thursday june . . at the council of state at white-hall , ordered , that this order and declaration be forthwith printed and published . iohn thurloe secr. london , printed for giles calvert , henry hills , and thomas brewster , . by the king and queen, a proclamation england and wales. sovereign ( - : william and mary) approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing w estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) by the king and queen, a proclamation england and wales. sovereign ( - : william and mary) broadside. printed by john starkey and awnsham churchill, london : [i.e. ] "given at our court at whitehall, this th day of february [i.e. ], in the first year of our reign." text begins: "forasmuch as it hath pleased god to call us to the throne and that thereby it is incumbent upon us to prevent any inconvenience to our subjects ..." reproduction of original in the bodleian library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng great britain -- history -- william and mary, - . great britain -- politics and government -- - . - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion by the king and queen . a proclamation . william r. forasmuch as it hath pleased god to call vs to the throne , and that thereby it is incumbent upon vs to prevent any inconvenience to our subjects that may arise by not executing the laws necessary or conducing to the peace and better government of our people , we therefore do hereby declare our royal pleasure to be , that all persons being protestants , who upon the first day of december last past , were in the offices of sheriffs , iustices of the peace , collectors , receivers , and other offices and places concerning the collecting , receiving , and paying of the revenue of this kingdom , shall be , and shall hold themselves continued in the said offices and places respectively , until our pleasure be further known . and that they and every of them do take on them the execution of their said respective offices and places , and that all our loving subjects do give their due obedience , and be aiding and assisting unto them therein . given at our court at whitehall , this th day of february , in the first year of our reign . god save king william and queen mary . london , printed by john starkey and awnsham churchill . the kings majesties speech to the sixe heads, concerning the queens going into holland england and wales. sovereign ( - : charles i) this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing c ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing c estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the kings majesties speech to the sixe heads, concerning the queens going into holland england and wales. sovereign ( - : charles i) charles i, king of england, - . henrietta maria, queen, consort of charles i, king of england, - . queens majesties speech to a committee of both houses at whitehall, touching her going into holland. broadside. [s.n.], [london] printed : . place of publication suggested by wing. includes: the queens majesties speech to a committee of both houses at whitehall, touching her going into holland. reproduction of original in the harvard university library. eng great britain -- history -- civil war, - . great britain -- politics and government -- - . a r (wing c ). civilwar no the kings majesties speech to the sixe heads, concerning the queens going into holland. england and wales. sovereign a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - john pas sampled and proofread - john pas text and markup reviewed and edited - pfs batch review (qc) and xml conversion ❧ the kings majesties speech to the sixe heads , concerning the queens going into holland . my lords , and gentlemen ; nothing but exstream necessity shall make me willing at this time for to give consent unto the queens going out of the land ; and i shall be very sorry if the case stand so , that she should be forc't to go to preserve her health , and i give unto both houses many thanks , for the care they have of my wives health and contentment : therefore i desire there may be a committee of both houses here to morrow , at three a clock , to attend my wife , with these reasons which have now been read to me . ❧ the queens majesties speech to a committee of both houses at whitehall , touching her going into holland . my lords , and gentlemen of the house of commons , i am thankefull to both houses of parliament , for the great care they have of my health ; and for their affections to me , hoping that i shall see the effect of it : truely nothing but my life could move me to this consideration , and if i thought i could serve the king , and kingdome with the hazard of my life , i would do it willingly , and i hope you do beleeve , i am so much interested in the good and welfare of this kingdome , that i shall never in my life wish or desire any thing that may prove to the prejudice of it . july . printed anno dom. . die sabbati, . januarii. . an order made by both houses of parliament, to prevent the going over of popish commanders into ireland, and also to hinder the transportation of arms, ammunition, money, corne, victuals, and all other provision to the rebels, and for the sending back of the irish papists lately come over. england and wales. parliament. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) die sabbati, . januarii. . an order made by both houses of parliament, to prevent the going over of popish commanders into ireland, and also to hinder the transportation of arms, ammunition, money, corne, victuals, and all other provision to the rebels, and for the sending back of the irish papists lately come over. england and wales. parliament. sheet ([ ] p.) printed for joseph hunscott, london : [i.e. ] reproduction of the original in the british library. eng catholics -- great britain -- early works to . catholics -- ireland -- early works to . ireland -- history -- - -- early works to . great britain -- politics and government -- - -- early works to . ireland -- history -- rebellion of -- early works to . a r (thomason .f. [ ]). civilwar no die sabbati, . januarii. . an order made by both houses of parliament, to prevent the going over of popish commanders into ireland, an england and wales. parliament. a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion die sabbati , . januarii . . ❧ an order made by both houses of parliament , to prevent the going over of popish commanders into ireland , and also to hinder the transportation of arms , ammunition , money , corne , victuals , and all other provision to the rebels , and for the sending back of the irish papists lately come over . whereas great numbers of papists , both english and irish , some whereof have been , and are commanders in the warres ; and others , such as have estates in england , have gone out of this kingdom into ireland , immediately before and during the barbarous and bloudy rebellion there , and traiterously joyned themselves with the rebels of that nation , against his majesty , and the crown of england ; and likewise divers other popish commanders , and such as have estates in england , are daily preparing to go thither , to the same wicked ends : and great store of arms , ammunition , money , corne , and other victuals and provisions have been sent , and are daily preparing to be sent to that kingdom , for the assistance and encouragement of those rebels : for prevention whereof , the lords and commons in this present parliament assembled , do hereby order and straightly charge and command , all sheriffs , justices of the peace , mayors , bailiffs , constables , and other his majesties officers within the realm of england , and dominion of wales ; that they apprehend and examine all such persons , as they shall suspect to be papists , and going out of this kingdom , or the dominion of wales into ireland . and that they make also stay of all arms , munition , money , corne , and other victuals and provisions , which they shall suspect to be preparing for transportation into ireland , for the ayd and relief of the rebels there ; and to give speedy notice thereof unto the parliament . and whereas , also divers poor people , men , women , and children , of the irish nation , and papists , have lately come in great numbers out of ireland , into cornewall , devon and other parts of this kingdom , where they have been , and are very disorderly , and much terrifie the inhabitants where they come , and due care is not taken in all places for the suppressing and punishing of them . the lords and commons in this parliament assembled , do hereby further order and require , all officers before mentioned , that they put the laws in due exetion against such wandring irish papists before expressed , and that they cause them to be forthwith conveyed back into that kingdom . this order was read , and by vote upon the question assented unto , and ordered to be fair written and sent up to the lords by master carew . master carew brings answer , that the lords do fully agree with the house in this order . hen. elsing . cler. parl. d. com. london , printed for joseph hunscott . . an act appointing thursday the last day of february, . for a solemn day of humiliation, fasting & prayer and declaring the grounds thereof. england and wales. parliament. this text is an enriched version of the tcp digital transcription a of text in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e thomason .f. [ ] this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) an act appointing thursday the last day of february, . for a solemn day of humiliation, fasting & prayer and declaring the grounds thereof. england and wales. parliament. sheet ([ ] p.) printed by edward husband and john field, printers to the parliament of england, london : . [ie. ] order to print signed: hen: scobell, cleric. parliamenti. reproduction of the original in the british library. eng fasts and feasts -- england -- early works to . public worship -- great britain -- early works to . great britain -- politics and government -- - -- early works to . a (thomason .f. [ ]). civilwar no an act appointing thursday the last day of february, . for a solemn day of humiliation, fasting & prayer: and declaring the grounds the england and wales. parliament. a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - elspeth healey sampled and proofread - elspeth healey text and markup reviewed and edited - pfs batch review (qc) and xml conversion an act appointing thursday the last day of february , . for a solemn day of humiliation , fasting & prayer : and declaring the grovnds thereof . the lord who ruleth over the nations , who disposeth and ordereth all things , according to the good pleasure of his own will , hath in our age ( as in former generations ) exceedingly glorified his wisdom , power and mercy , that he might warn and awaken the inhabitants of the earth unto a diligent enquiry after him , a faithful and fruitful living before him ; his voyce and his hand hath been heard , and seen in this land most eminently , in rescuing us out of the destroying hands of tyranny , popery and supersition : which experience of the lords wonderful goodness and mercy towards this nation , might have wrought an answerable return of duty and obedience ; and the sense of the want hereof ought to fill us with shame , astonishment and confusion of face , especially when ( in stead thereof ) we finde in the midst of it , such crying sins , hideous blasphemies , and unheard of abominations ( and that by some under pretence of liberty , and greater measure of light ) as after all our wondrous deliverances , do manifest themselves to the exceeding dishonor of god , and reproach of our christian profession : to the end therefore that this nation in general , and every one in particular may have an opportunity to know and acknowledge their sins in the sight of god , and be truly humbled for them ; and that earnest prayer and supplication may be put up on behalf of this commonwealth , for the advancement of the kingdom of christ , and propagation of his gospel throughout the same , and all the dominions thereof ; that the good hand of god may be continued with us in perfecting his great works , which have been carryed on to so good a degree in england and ireland ; that all differences among brethren might be reconciled in love ; that the designs , combinations and conspiracies of all wicked men ( whether within or without us ) to imbroil this nation in a new war , may be discovered and prevented ; and that whilest ungodly men do make the arm of flesh their confidence , we may testifie ( from an abundant experience of the lords goodness ) that our strength is onely in the living god : be it therefore enacted and declared , that thursday the last day of february , . be appointed and kept as a solemn day of fasting , prayer and humiliation , for the ends aforesaid . die lunae , o februarii , . ordered by the parliament , that this act be forthwith printed and published . hen : scobell , cleric , parliamenti . london , printed by edward husband and john field , printers to the parliament of england . . mercurius publicus: comprising the sum of forraign intelligence ...[no. ( july- july )] mercurius publicus (london, england : ) this text is an enriched version of the tcp digital transcription a of text in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a thomason e _ ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]; :e [ ]; :e [ ]; :e [ ]; :e [ ], etc) mercurius publicus: comprising the sum of forraign intelligence ...[no. ( july- july )] mercurius publicus (london, england : ) muddiman, henry, fl. - , editor. dury, giles editor. newcomb, thomas, d. or , publisher. v. began with numb. ( dec. - jan. ); ceased with numb. ( - aug. ). printed by tho. newcomb, london : title from caption. subtitle varies: , "... comprising the sum of forraign intelligence"; - , "... comprising the sum of all affairs now in agitation." by henry muddiman and giles dury. cf. nelson and seccombe. printed variously by: john macock, thomas newcomb, richard hodgkinson, d. maxwell, peter lillicrap, james cottrell. description based on: numb. . numb. ( - oct. ) is a second copy of the parliamentary intelligencer for those dates, mistakenly titled mercurius publicus. thomason collection does not have complete run. reels listed in chronological order of serial publication; holdings dispersed throughout collection. reproduction of the originals in the british library. enumeration begins again at numb. annually. no issue numbered in , no issue numbered in ; chronology is continuous. eng great britain -- politics and government -- - -- periodicals. great britain -- history -- charles ii, - -- periodicals. europe -- history -- - -- periodicals. a (thomason e _ ). civilwar no mercurius publicus: comprising the sum of forraign intelligence ... [no. ( july- july )]. anon. f the rate of defects per , words puts this text in the f category of texts with or more defects per , words. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - ali jakobson sampled and proofread - ali jakobson text and markup reviewed and edited - pfs batch review (qc) and xml conversion numb. ●● mercurius publicus : comprising the sum of forraign intelligence ; with the affairs now in agitation in england , scotland ; and ireland . for information of the people . published by order . from thursday july . to thursday july . . westminster . his maiesty hath been pleased to make serjeant tho. twisden a member of this parliament , one of the justices of the court of the kings bench , a person for his learning and loyalty sufficiently known to the nation , in consideration whereof his maiesty was also graciously pleased to confer upon him the honour of knighthood . blaye , june . . the instant , their majesties at their coming out of bourdeaux , passing before boury , a great number of guns were shot off . about two in the afternoon they arrived here , and were received with the like shooting off our cannon , both of the town , and of the ships that are upon our road , and with great acclamations of the people , who were ravished to see the king and the queen , who is admired wheresoever she comes . the duke of st. simon our governour presented unto them upon the port the mayor and the magistrates , who made a speech to the princess , the king and the queen-mother , giving her in all places where they came , all the honors and respects of the people . the said duke presented likewise to his majesty the keys of this place , which the king gave him again presently , with expressions of esteem and trust suitable to his fidelity and service . the cardinal mazarin being come an hour after , he was likewise received by our governour upon the port , and accompanied to the castle , where he had his lodgings . the duke did most magnificently entertain the whole court . the next day about five a clock in the morning , the king with the cardinal went for brouage , our governour went with them as far as one of his own houses , where he gave the king the divertisement of hunting , and the queens took their journey by the way of jonzac and xaintes , to go to st. jean de angele , where the king is to meet them . advertisement . ☞ a leather portmanteais lost at sittingburn or rochester , when his maje●ty came thither , wherein was a suit of camolet de holland , with little lace● in a s●am●g● pair of white loves , and a pair of does lether , about twenty yards of 〈◊〉 coloured ribbon 〈◊〉 penny broad , and a whole pitte of black ribbon ten penny broad 〈◊〉 cloth lead colour'd cloak , with store of linnen , a pair of shooes , slippers , d montero , and other things ; all which belong to a gentleman ( a near servant to his majesty ) who hath been too long imprisoned and sequestred , to be now robbed , when all men hope to enjoy their own . if any can give notice , they may leave word with mr. samuel me●●● his majesties book-binder , at his house in little-britain , and they sh●ld be thankfully rewarded . sir iohn vvitterong , who had disbursed several great sums of money upon many of his maiesties pictures , to preserve them from worse hands , did lately present them all to his maiesty gratis . mr. combes lately restored to his maiesty land belonging to the crowne , which he had purchased at a considerable value at hemsted in hertfordshire . the like was done by the town at the same time that had purchased the other part . his maiesty was pleased to make mr. combes steward thereof . there is a particular list given unto his maiesty of the names of all such as have bought his maiesties lands , and what they bought , whereby it may fairly be expected that they will be as just to his maiesty as those honest gent. of hertfordshire have been . hamburgh , june . the swede and pole make themselves ready to fall on the muscovite , who is much distressed by the incursion of the tartar , who falling into russia , gave the muscovite a great overthrow , sack'd and harras'd the country , and carried away many thousand slaves . on the other side the cossacks are faln in , destroying all they meet with . the muscovites that are hemm'd in at lochwith , it 's thought cannot get off without great loss , though the muscovite dreins all his garrisons to make a body to relieve their army there . the white russians have made a confederacy to joyn with the pole against their lord and emperour of russia , as soon as the pole shall march into the field with a considerable army . the polish general carnetzky hath defeated the muscovy general cowingzky , and cut him off men , who is retreated with the rest toward the wilda at lachowitz . there is a discourse here , that the swede having yet his fleet that was kept in by vice-admiral de ruyter at liberty , will joyn with others at landscrown and gottenburgh to infest arch-angelo and destroy the muscovite there . the poles have taken buckowa , which cost the muscovites so many years siege , so that muscovy is now reduced to a very sad condition . they thirst after peace , which if not granted them , they threaten to cut their governour nassorkin in pieces , and extirpate his whole generation . whitehall . on wednesday the fourth of july , the mayor , recorder , aldermen , and capital burgesses of the corporation of doncaster , in the county of york , having the honor to be introduced to his majesty by the earl of dunfreeze ▪ lord castleton , and sir john dawney , for a demonstration of their loyalty , duty and affection to his majesty , humbly presented by the hands of thomas bradford their mayor , a congratulatory address , wherein they returned all possible thanks to almighty god , who had been graciously pleased to restore his majesty to his people , and his people to his majesties government , ingaging themselves to defend his majesties sacred person and government against all opposers , and therewith the mayor tendered a surrender of a fee-farm rent of l. s. d. ob per annum , an ancient flower of the crown , which being in these times exposed to sale , they had redeemed out of other hands , and now joyfully restored them to his majesty , both which his majesty was pleased very graciously to accept of , and returned them thanks , with many particular expressions of affection and favour to that town . the same day doctor byam , a person of great learning and integrity , who attended his sacred majesty in his troubles , as long as his age did enable him to travel , was this day sworn chaplain extraordinary to his majesty . on thursday his sacred majesty , and both houses of parliament ▪ were entertained by the city of london at guild-hall ▪ the unseasonable weather took off much of the solemnity which was intended to be performed , so that his majesty went into london attended onely by his own houshold guards , which proceeded in this order , adjutant general miller rode before at some little distance to make way after whom went sir william thr●okmo●n , now knight-marshal , his footmen and servants ●raiting ●n either side of him , before six trumpets , then a kuttle-drum , another class of seven trumpets , six maces , the heralds in rich coats , the pages and footmen , and next his majesties coach with six horses , guarded on both sides with his majesties royal band of pensioners ( walking on foot with their pistols in their hand , under the command of the most noble and val●ant e. of cleaveland their captain ) the equires and several of his majesties servants , next them came the yeomen of the guard , then the lord chancellor in his coach ▪ the duke of buckingham in his , and so all the nobility in their order . the speaker of the house of commons in his coach and six horses , attended by a troop of horse that were upon their guard that day ▪ and after him the house of commons in coaches . in london several of the pent●houses and windows were adorned with tapestry , a lane ▪ made by the liveries of the several companies , and many pageants in the streets . in st. pauls church-yard , the lord mayor , aldermen , and several others of the city richly accou●ted met his majesty , and from thence conducted him to guild-hall . the gentlemen of the artillery led by the most valiant and learned john lord lucas , at cheapside opened to the right and left ▪ and guarded both sides of the way whilst his majesty passed through . being come to guild-hall , carnets were spread from the hall down to the council-chamber for his majesty to tr●d on . before dinner sir william wild the recorder made a speech to his majesty , declaring the great honor that his majesty was pleased to bestow on them in deigning formerly to send to them his most gracious letter and declaration , and now to adde to that kindness , by affording them his royal presence , &c. at the upper end of the great hall , the hosting towards the west was raised three ascents , where was placed a chair of state , and a rich canopy , where his majesty and his two royal brothers dined , where his majesties servants , and several aldermen and common council-men attended . the house of peers , and house of commons dined at other tables in the great hall , attended likewise by aldermen and common-council-men ; at the sound of the loud musick the whole service was set on the table , and during the whole dinner time they were entertained with variety of musick , both instrumental and vocal . after dinner was a very costly banquet , and then an interlude , where a rustick was represented , to the content of his majesty , and the rest of the spectators . after this his majesty retired him into a with-drawing room , where he was pleased to confer the honour of knighthood on alderman reynoldson , mr. cleyton , the chamberlain of london , and col●nel player his son . on friday july . the mayor and citizens of the ancient city of lincoln , having drawn up an humble address to his majesty , together with a resignation of their fee-farm rent of l. per annum under their common seal , did send the same by robert marshal esq and vvilliam ●outh gent. unto sir tho. meres and iohn monson esq who now serve in parliament for the said city , which was this day delivered . after a speech first made by sir tho. meres unto his sacred majesty , in behalf of the city of lincoln , representing unto his majesty how oft and how much that city had suffered in the late war , and how loyal and faithful , the citizens thereof do continue unto his majesty , and that as the want of his majesties government was their decay , so he being peaceably re-establish'd , they hope to repair their losses under his protection and savour , he delivered his majesty this address . to the kings most excellent majesty . your majesties most obedient subjects , the mayor , sheriffs , citizens and commonalty of your majesties antient city of lincoln , do humbly prostrate themselves before your majesty , acknowledging that through the general defection of your majesties subjects in this your kingdome from their allegiance , occasioned by the prevalency of the late pretended powers , they were therein involved with the rest of your majesties subjects ; and therefore do most humbly and submissively apply themselves , and lay hold on your majesties most gracious pardon , and through and under your majesties gracious favour and clemency do with all humility , as a body incorporate , present to your majesty their sense and apprehension of gods mercy to your majesties subjects ( giving god the praise ) that divine providence hath not onely preserved your sacred person in the midst of many and eminent dangers , but likewise hath made restauration of your maiesty in peace to your subjects , and of them to their allegiance to your most gracious maiesty , as their undoubted . soveraign , next they present their hopes ●nd prayers for prosperity and blessings from almighty god upon your sacred maiesty , and your government over them as their king , and beg your protection of their persons and estates by the antient and known laws of your kingdom , and your maiesties aforesaid city of lincoln , & the incorporate body thereof do with al humble submission to your maiesty acknowledg , that during the prevalency of the late pretended powers over them , and the rest of your subjects , to avoid the mischiefs and pressures which in all probability might have occurred , i● the 〈…〉 from your said city had come into the hands and power of 〈…〉 have made use of the purchase of it , to have inv●ded their 〈…〉 and interests . your aforesaid city upon the account of inevitable 〈◊〉 , and self-preservation , were constrained to borrow the sum of seven hundred pounds , wherewith to purchase the aforesaid fee-farm of eighty and one pounds per annum . now may it please your most excellent majesty , your aforesaid subjects , the mayor , sheriffs , citizens and comonalty of the city of lincoln , do hereby for themselves and their successors , freely and humbly surrender and resi●n unto your most sacred majesty , all the right & interest which they have or may pretend to the said fee-farm rent , by reason of the aforesaid purchase : and do also humbly declare , that your said city will yearly render to your majesty , as your undoubted right and due , from time to time , as it becomes payable ; and will further with all readiness ●●●ely do or make any further declaration or publique act ▪ 〈◊〉 but majesties learned council shall devise , for confirmation of th●se presents , or contents of them . and in testimony of the unanimous , full and fre● consent of the whole body incorporate of your majesties said city , they have caused to be put to their common seal , the six and twentieth day of june , in the twelfth year of your majesties most gracious raign over england , scotland , france , and ireland , 〈◊〉 ▪ his majesty was pleased most graciously to receive the address , with several expressions of favour ▪ and then sir tho. mores did a second time humbly upon his 〈◊〉 beseech his majesty hereafter to vouchsafe his favour to that ancient city ▪ which his majesty granted accordingly , and as an earnest thereof gave them the honor of his majesties ●and . at his excellencies quarters at the cock-pit . his excellency makes it his whole business to settle the army , as may be most to his majesties service , and in order ●hereunto hath removed several officers , and put others in their places . he hath lately removed capt. pease and capt. charleton of col. alson's regiment ▪ belonging to the garison of dunkirke , and put capt. pope and capt. richard ●owel in their places . there is a very confident report that m. scot , one that sate in the pretended high court of justice , for tryal of his late majesty of ever-blessed memory , is now prisoner at dunkirke . this day tho. terryll of the inner-temple , and christopher turner of the middle-temple esqs ; were made serjeants at law . advertisements of books , newly printed and published . ☞ the dignity of kingship asserted , &c. the english episcopacy and lyturgy af●e●●ed by the great reformers abroad , and the glorious and royal martyr king charles the first , &c. solomons blessed man , in a sermon preacht at newark upon trent , may . being the birth-day of our s●v●raign lord king charles the second . by samuel bru●●sel , r●ctor of bingham in notinghamshire . 〈…〉 sold by henry seile over against st. dunstans church in fleetstreet . a book called the fanatick history , or an exact relation of the old anabaptists , and the new quakers , being the sum of all that hath been yet discovered about their most blasphemous opinions , dangerous practises , and malicious endeavours to subvert all civil government , both in church and 〈◊〉 together with these and ●imle● pranc●● , and their ridiculous actions and gestures , enough to amaze any sober christian . published with the approbation of divers orthodox divines . sold by john symes at the sign of the cross-keys in pauls church yard . the beatitudes , or a discourse upon part of christs famous sermon on the mount . by tho. wa●son , minister of the word at ● . stephens w●●brook in the city of london . sold by ralph smith at the bible in cornhil , near the royal exchange . the idea of the law , wherein is charactered , the form of justice in all courts ; whereunto is added the idea of governments 〈◊〉 and episcopal , and the idea of tyranny explained and amplified by oliver cromwel , is now published , for the satisfaction of all gen●lemen of the universities , inns of court and chancery . by the author john heydon gent. and usefull for all ; it hath been of late privately preserved in the hands of the loyally noble , for fear of tyrants ▪ but is now published , and to be sold in st. dunstans church-yard and in fleetstreet . the oaths of supremacy and allegiance , which have lain dead for many years , now taken by b●th hou●es o● parliament , and 〈◊〉 offic●●s and souldiers , and are to be taken by all those that fear god , and honor the king , with some brief observations upon the said oathes , for the humbling of those that are guilty of the breach of them , the q●●lling of rebellious ●rinciples , and excitement unto the duties of obedience and subjection , according to the tenor of the said oathes . a collection of sundry petitions presented to the late kings most excellent majesty ▪ as also to the two most honorable houses assembled in parliament , signed by most of the gentry , ministers and freeholders of several c●ua●ies , in behalf of episcopacy , liturgy and supportation of church revenues , and suppression of schismaticks ; collected by a faithfull lo●er of the church , for the comfort of the dejected clergy , and all moderately affected protestants . both sold by william shears at the blew bible in bedford-street in covent garden . milan the of june . the duke of savoys forces lent to the republick of venice , passing upon the po through this state , the duke of sermonesa our governour , hath published a proclamation , forbidding , under very great penalties , to give any assistance or relief to such souldiers as shall run away from their colours . and until the express doth return , which he hath sent to naples to hasten the money he is to receive from thence , he hath delivered his orders for the estapes for part of the forces of the milanez that are to be shipped at final , and to pass into spain against the portugal . old aberdeen , july . . assoon as the good news came to us of his majesties restauration , the masters and members of the kings colledg in this university of aberdeen , did testifie their joy by singing of psalms , ringing of bels , bonfires , and such other jollities as are usual . but knowing that they were not only tyed to his majesty as their lawful sovereign king , but also by a nearer relation , as being only patron of that house , they thought it incumbent on them to give a more full testimony of their real joy and praise to god for bringing home their patron ; and therefore did a second time , being accompanied with the provost , bayliffs and councel of aberdeen , sheriff and commissary , with the ministers and students , with many other gentlemen , go to the great church , which was of old the cathedral of aberdeen , and there reverently hear their own minister preach a learned thanksgiving sermon , with great contentment to all the hearers . after sermon they all came by way of procession from the church to the colledg , singing psalms : then one of the professors of divinity made an oration in the common school . the magistrates of aberdeen , with all other persons or quality , were set in the middle of the court near to the fountain ▪ before a theatre hung all about with the hangings which king james the fourth bestowed upon the colledge , with other ornaments and garlands , and crowns of flowers of all sorts , the picture of the king was in the middle , and upon his left hand his excellency general monck , , because the speakers had in their orations something to speak as to them : the stairs about , the windows , and all the court below , were so full of spectators , that i thought there had scarcely been so many people in the parts about us . upon this theatre were set all the masters and students in order in their gowns . in the first place , the principal prayed and praised god , and did shew the hearers , that there were five yong men , students , to speak in that place one after another ; which was accordingly done ; and indeed they did it very gravely and reverently . the subject of their oration was as followeth . the first spoke of the great happiness which scotland enjoyed under kings , since the days of fergus the first , until the time of the late troubles . the second spoke of the miseries the nations suffered by the late kings murther , the present kings removal from his just rights and dignities . the third spoke of the praises due to his excellency for restoring the king to his kingdoms . the fourth spoke of the great happinesses , and many favors bestowed upon the university by kings , and of the losses sustained by the interruption of kingly government . the fifth had a gratulatory oration for the kings return . after they had ended , there was a latin hymn of about eighty lines , very harmoniously and chearfully sung , and at the end of every fourth line , vivat rex , carolus vivat . it is incredible to know how joyful the people of all ranks were , who were present ; the people of this poor town did testifie their unspeakable joy all the night with bonfires , ringing of bells , playing on musical instruments , and dancings , yet without the least debauchery of drinkin ; such an influence hath his maiesties sobriety upon the people . all things were so carried , as best shewed their real duty to his majesty , and good discipline of this place . much of the honor of this ( though all were active enough ) is due to that truly learned dr. more , professor of medicine here . advertisments of books newly printed and published . ☞ a profitable and well grounded concordance , both fitted for the meanest capacity , and very usefull for general good ; wherein may be readily found , the chiefest words contained in the scriptures , of ● d price . sau●day no sabath , or the seventh dayes sabbath proved to be of no force to the believing gentiles , in the times of the gospel , by the law of nature , moses , christ , being our 〈◊〉 of several disputacion● held at 〈◊〉 - chappel by pauls london , of s. d price . all sold by francis smith at the elephant and castle without temple bar. advertisements . about seven weeks since one robert witbread went away from his master thomas saywell glafier , living at chelmsford in essex about years old , pretty thick set , brown haird , his cloathes of a dark gray , his b●eches being patched behind , he hath on a whitish hat and a mingled pair of stokings . give notice to ab church l●ne at the kings head , and to chelmsford aforesaid , and the persons shall be well rewarded . lost on thursday the of june . between . and . a clock in the morning , between the blew bores head in kings street westminster , and the bowling alley . a waved r●pler with a black threded hilt , ( a great wyer ) silver handle : if any person shall give notice thereof to major alsop swood c●●l●● at the cross keys below fleet cunduit , they shall be well rewarded for their p●in● . at metealf robinsons esq a member of parliament , on whitson munday last at his park at newby in york-shire , these with their accomplices , attempted to steal his dear , and killed his keeper , viz. william ●●man , a tall slender black man or years old , christopher fish a tall big black man about the same age , marmaduke horsemen , a slender youth with fl●xen hair , about years old , they lived in ripp●n or near . whosoever can apprehend them , or either of them , and give notice to metcalf robinson esq as above , or to edmond rozers house at the late post in sherbone-lane london , they shall be well rewarded for their pains . lost out of william kinghams ground at west green in the parish of tat●am high cross , one brown b●y gelding , having all his paces , a white blaze in the forehead , la●● eared , some white on all his feet , and on the saddle place , fourteen ●●nd high , six or seven years old . give notice to henry goldsmith ( the owner ) at evershot in bedfordshire , or to william kingham aforesaid , or to william hopkins at the three scags in wapping , and the party shall be well satisfied . if any one can secure or being tidings of one philip meor , a boy of sixteen yea●s of age , with long l●n● bright hair , shor● of stature , freckle fac'd , with a grey french hat , who ran away from his master , and is supposed to be gone toward gravesend , or to lie lurking about town privately . if any can apprehend him , they are desired to bring word to mr. place a stationer at grays - inne g● , and he shall receive twenty shillings for his pains besides charges . an advertisement . gentlemen , you are defined to take notice , that mr. theophilus bu●●worth , who for some years past permitted , and gave directions to his brother mr. edmond buckworth , to make and expose to sale , for the publick good , those so famous l●zanges or pectorals , approved for the cure of consumptions , cough● ▪ catarcht , asthma's , ho●r●ness , strongness of breath , colds in general , diseases incident to the lungs , and a sovereign antidote against the plague , and another contagious diseases and obstruction● of the stomach doth now himself ( being the anchor and first compounder of them ) make them at his house on mile-end green . and for more convenience of the people , constantly leaveth them sealed up with his coat of arms on the papers , with mr. rich. l●wr●●es ( as formerly ) at the sign of the white lion near the little north door of pauls church , mr. henry scile over against dunstans church in f●eetstreet , mr. william milwa●d at westminster hall-gate , mr. john pla●●● at furnivals-inn gate in h●lbo●n , and mr. robert h●ra at the turks-head near the entrance of the royal exchange , booksellers , and no others . this is published to prevent the designs of divers pretenders , who counterfeit the said lozenges to the disparagement of the said gentlemen , and great abuse of the people . heidelbergh , june . . we are much rejoyced here to understand of the good agreement between the king and parliament , desiring the continuance of gods blessing upon them ; and to that purpose his electoral highness hath appoin●ed a day of thanksgiving to be kept through his whole land , july . and after the sermons , here , and at frankendal , and caub , all the cannon to be shot off , and all the citizens and souldiers to do the like with their muskets . from rochel , july . the of the last moneth the king , with cardinal mazarine and some other grandees , arived at bourage , and the next day his majesty went to dinner in the castle of oleron , and afterwards went to see the ships that were in the river of sendre , and returned about night to bourage . from the hague , june . the lord frederick van alefelt of seeguard , counsellor of state , and deputy-governor of the dukedomes of sleswig and holstein , to his majesty the king of denmark , goeth in quality of extraordinary embassador of the said king , to congratulate his majesty of great britain , and is already on his way hither , intending to take shipping at the brill or flushing , as soon as wind or weather shall serve ; so that you may expect him in england within few dayes . westminster , july . on munday , serjeant tyrrel was conducted to the common pleas bar , by serjeant glanvile and serjeant littleton ; where being come , the lord chancellor declared the reasons that induced his sacred majesty , to make choice of him to be one of the justices of that court ; to which when serjeant tyrrell made a modest reply , speaking of his unfitness amongst so learned men , to undertake so great a charge , &c. the lord chancellor caused the patent to be read ; after which the serjeant being in court , he first took the oath of supremacy and allegiance , and then the oath as justice of that court ; which being ended , the lord chancellor went away , leaving the serjeant to act in his place as one of the justices of the common pleas . on tuesday the lord chancellor sitting in his majesties court of exchequer , serjeant turner came to the bar of that court . the lord chancellor laid down the reasons why his majesty was pleased to call him to be baron of his court of exchequer , in that he had been unbiassed and constant in his judgment , and had acted nothing prejudicial to his majesty , or contraty to his trust , &c. after a reply in excuse of himself , his majesties patent to constitute him one of the barons of his majesties court of exchequer , was read , and being afterward sworn in court , he sat as one of the barons of the said court . whitehall , july . this day his majesty conferred the place of lord almoner on that most pious and reverend , brian , lord bishop of salisbury , who was his majesties tutor when he was prince of wales . his majesty was pleased to restore that ancient honor of the dominion and government of the isle of man , to the right honourable charles earl of derby , which hath been kept from that noble family ever since the murder of the noble and valiant james earl of derby : a family that for their loyalty and fidelity to the crown have suffered as deep as any of his majesty subjects of this nation . great care is also taken by the earl of derby for setling the church-government both in doctrine and discipline , as it hath been formerly accustomed in that island . also william lord craven is made governor of the castle of shrewsbury , in which county his lordship hath ample revenues , which till now , without the least pretence or colour of justice , have been deteined from his lordship , but now are restored to him with all arrears ; and his lordships deputy-governor is sir william whitmore baronet , a family that have suffered very much for their loyalty and allegiance . the lord charles howard , one of his majesties most honorable privy council , is also made governor of carlisle . that loyal gentleman , sir richard basset , is made governor of cardiff castle . sir jordan crosland , who from the beginning of these wars , did his majesty such good service in the north , is now made governor of scarborough castle . col. tho. blague , who so long kept the castle of wallingford when governor thereof ( being one of the grooms of his majesties bed-chamber ) is now made governor of yarmouth and langher point . captain william lennard , a gentleman of a noble family , and tryed courage , is made governor of the forts of tilbury and gravesend . cap. increased collins , having a former patent from his late majesty , and continuing loyal , is now confirmed by his majesty , governor of moats bulwark . major waterhouse , a person of whose courage and fidelity his majesty understands so much , is now deputy-governor of garnsey . letters are lately sent down to scotland to judge moseley , and the other english that were commissioned as judges there , to forbear to act any further in their former capacity , and to repair into england . and now ( after all these castles and commands bestowed on persons of honor and loyaltie ) be pleased to take notice , that the marquess of ar●gyle , the marquess of antrim , sir arthur h●sierigg , sir henry vam , are arrested of high treason , and commi●ted clos● prisoners to the tower of london . when sergeant char●ock went to apprehend the marquess of antrim , he , wa● denied entrance ; but the general beforehand , having furnished him with three files ●f musquetriers , he forced two doors , and found the marquess si●ting on his bed-side , it was about two a clock last sund●y morning . the sergeant civilly offered him to rest there all night , where he would give his attendance . the marquess afterwards went to bed , but upon consideration rose again , and was conveyed privately to the tower . the marquess of argyle was got through the guard chamber and presence , intending ( as he saith ) to have spoken with his majesty , but was soon observed , and upon information , a warrant was granted to apprehend him . in his passage through cheapside , he desired he might go and speak with an eminent learn●d minister at aldermanbury , sergeant charnook told him , that his lordship might send for that , or any or other minister to the tower , but at the present he could not permit him thither . we could tell you many observable particulars of this marquess , but at present may it suffice to acquaint you , that this was the day whereon formerly his lordship , in a friendly manner had invited the laird of mac-nachton , to his house to dinner , and there seised upon him with much less civilty , then the sergeant did his lordship ; but mac-nachton seeing his life in danger , found means to escape , and is still alive to receive the reward of his loyalty and valor , being the last commander that bore arms for the king in scotland , and ( in the judgment of all parties ) a person of as high merit and excellent conduct , as any gentleman of that nation . we have not room to insert more particulars of the two knights , sir arthur and sir henr● , but must conclude with a desire , that you would consider how of all persons in england , scotland , and ireland , these four were the grand instruments of the four different interests , and till now could never meet together . there are other prisoners committ●● to the black-r●d , whose names with more particulars you may have in the next . london ▪ printed by j : macock , and tho. new●omb , ● . an inquisition after blood. to the parliament in statu quo nunc, and to the army regnant; or any other whether royallist, presbyterian, independent or leveller, whom it may concern. howell, james, ?- . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing h thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) an inquisition after blood. to the parliament in statu quo nunc, and to the army regnant; or any other whether royallist, presbyterian, independent or leveller, whom it may concern. howell, james, ?- . [ ], , [ ] p. s.n.], [london : printed in the yeer, . attributed to james howell. place of publication from wing. annotation on thomason copy: "july th". reproduction of the original in the british library. eng great britain -- history -- civil war, - -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason e _ ). civilwar no an inquisition after blood.: to the parliament in statu quo nunc, and to the army regnant; or any other whether royallist, presbyterian, in howell, james c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - angela berkley sampled and proofread - angela berkley text and markup reviewed and edited - pfs batch review (qc) and xml conversion an inquisition after blood . to the parliament in statu quo nunc , and to the army regnant ; or any other whether royallist , presbyterian , independent or leveller , whom it may concern . blood is a crying sin , but that of kings cryes loudest for revenge , and ruine brings . printed in the yeer , . an inquisition after blood . the scope of this short discourse is to make some researches after truth , and to rectifie the world accordingly in point of opinion , specially touching the first author and aggressor of the late ugly war in england , which brought with it such an inundation of blood , and so let in so huge a torrent of mischiefs to rush upon us . there be many , and they not only presbyterians and independents , but cavaliers also , who think that the king had taken the guilt of all this blood upon himselfe , in regard of that concession he passed in the preamble of the late treaty at the isle of wight ; the aime of this paper is to cleere that point , but in so temperate a way , that i hope 't will give no cause of exception , much lesse of offence to any : the blood that 's sought after here , shall not be mingled with gaule , much lesse with anie venome at all . we know there is no principle either in divinity , law , or phylosophie , but may be wrested to a wrong sense ; there is no truth so demonstrative and cleere , but may be subject to cavillations ; no tenet so plaine , but perverse inferences may be drawne out of it ; such a fate befell that preambular concession his majesty passed at the transactions of the late treaty , in that he acknowledg'd therein that the two houses of parliament were necessitated to undertake a war in their owne just and lawfull defence , &c. and that therefore all oaths , declarations , or other public instruments against the houses of parliament , or any for adhering to them , &c. be declared null , suppressed , and forbidden . 't is true , his majesty passed this grant , but with this weighty consideration , as it had reference to two ends . first , to smoothen and facilitate things thereby to ope a passage , and pave the way to a happy peace , which this poor iland did so thirst after , having been so long glutted with civill blood . secondly , that it might conduce to the further security , and the indemnifying of the two houses of parlement , with all their instruments , assistants , and adherents , and so rid them of all jealousies , and fear ( of future dangers ) which still lodg'd within them . now touching the expressions and words of this grant , they were not his owne , nor did he give order for the dictating or penning thereof ; the king was not the author of them , but an assenter only unto them : nor was he or his party accus'd , or as much as mentioned in any of them , to draw the least guilt upon themselves . besides , he pass'd them as he doth all lawes and acts of parlement , which in case of absence another may do for him in his politic capacity , therefore they cannot prejudice his person any way . i am loth to say that he condescended to this grant , — cùm strict a novacula supra , when the razor was as it were at his throat , when ther was an army of about thirty thousand effect if horse and foot that were in motion against him , when his person had continued under a black long lingring restraint , and dangerous menacing petitions and papers daily obtruded against him . moreover , his majesty pass'd this concession with these two provisos and reservations , first , that it should be of no vertu or validity at all , till the whole treaty were intirely consummated . secondly , that he might when he pleas'd inlarge and cleer the truth with the reservedness of his meaning herein , by public declaration : now the treaty being confusedly huddled up , without discussing , or as much as receiving any proposition from himself as was capitulated , ( and reciprocal proposals are of the essence of all treaties ) it could neither bind him , or turne any way to his disadvantage : therfore under favour , ther was too much hast us'd by the parlement , to draw that hipothetick or provisional concession to the form of an act so suddenly after in the very heat of the treaty , without his majesties knowledge , or the least intimation of his pleasure . add hereunto , that this grant was but a meer preambular proposition , 't was not of the essence of the treaty it self : and as the philosophers and schoolemen tell us , there is no valid proof can be drawn out of proemes , introductions or corallaries in any science , but out of the positive assertions and body of the text , which is only argument-proof ; so in the constitutions and lawes of england , as also in all accusations and charges , forerunning prefaces and preambles ( which commonly weak causes want most ) are not pleadable : and though they use to be first in place , like gentlemen-ushers , yet are they last in dignity , as also in framing , nor had they ever the force of lawes , but may be term'd their attendants to make way for them . besides , ther 's not a syllable in this preface which repeales or connives at any former law of the land , therefore those lawes that so strictly inhibit english subjects to raise armes against their liege lord the king , and those lawes è contrario , which exempt from all dangers , penalties or molestation any subject that adheres to the person of the king in any cause or quarrell whatsoever , are still in force . furthermore , this introductory concession of the kings , wherein he is contented to declare , that the two houses were necessitated to take armes for their defence , may be said to have relation to the necessity , à parte pòst , not à parte antè : self-defence is the universall law of nature , and it extends to all other creatures , as well as the rationall : as the sluent roman orator in that sentence of his , which is accounted among the critiques the excellentest that ever drop'd from him ; est enim haec non scripta , sed nata lex , quam non didicimus , accepimus , legimus , verùm ex natura ipsa arripuimus , hausimus , expressimus , ad quam non docti , sed facti , non instituti , sed imbuti sumus , ut si vita nostra in &c. for this ( meaning self-defence ) is not a written , but a law born with us ; a law which we have not learnt , receiv'd or read , but that which we have suck'd , drawn forth , and wrung out of nature her self ; a law to which we are not taught , but made unto , wherewith we are not instructed , but indued withall , that if our lifes be in jeopardy , &c. we may repell force by force . therefore when the house of parliament had drawn upon them a necessity of self-defence ( and i could have wish'd it had been against any other but their own soveraign prince ) his majesty was contented to acknowledge that necessity . as for example : a man of war meets with a marchant man at sea , he makes towards him , and assaults him ; the marchant man having a good stout vessell under him , and resolute generous seamen , bears up against him , gives him a whole broad side , and shoots him 'twixt wind and water ; so there happens a furious fight betwixt them , which being ended , the marchant cannot deny but that the man of war , though the first assailant , was necessitated to fight , and that justly in his own defence , which necessity he drew upon himself , and so was excusable , à posteriori , not à priori ; as the civilians speak of a clandestine marriage , fieri non debuit , sed factum valet ; it ought not to have been , but being done 't is valid : whereunto relates another saying , multa sunt quae non nisi peracta approbantur . there are many things which are not allowable till they are pass'd . the kings of france have had sundry civill warrs , many bloudy encounters and clashes with their subjects , specially the last king lewis the thirteenth , which turn'd all at last to his advantage ; among other treaties upon that of loudu● , he was by force of article to publish an edict , dons lequel le roy approuvoit tout le passé comme ayant esté fait pour son service , &c. whrein the king approv'd of all that was pass'd , as done for his service , &c. and these concessions and extenuations are usuall at the close of most civill warrs ; but there was never any further advantage made of them , then to make the adverse party more capable of grace and pardon , to enable them to bear up against the brunt of lawes , and secure them more firmly from all afterclaps ; they were pass'd in order to an act of abolition , to a generall pardon , and consequently to a reestablishment of peace ; now , peace and vvarr ( we know ) are like vvater and ice , they engender one another : but i do not remember to have read either in the french story , or any other , that such royall concessions at the period of any intestin war were ever wrung so hard , as to draw any inference from them , to cast therby the guilt of blood or indeed the least stain of dishonor upon the king ; for royall indulgences and grants of this nature are like nurses breasts , if you presse them gently there will milk come forth , if you wring them too hard you will draw forth blood in lieu of milk : and i have observed , that upon the conclusion of such treaties in france , both parties wold hugg and mutually embrace one another in a gallant way of national humanity ; all rancor , all plundrings , sequestration , and imprisonment , wold cease , nor wold any be prosecuted , much lesse made away afterwards in cold bloud . touching the comencer of this monstrous war of ours , the world knows too well , that the first man of bloud was blewcap , who shew'd subjects the way , how to present their king with petitions upon the pikes point , and what visible judgements have fallen upon him since by such confusions of discord and pestilence at home , and irreparable dishonour abroad , let the world judge . the irish took his rise from him : and whereas it hath been often suggested , that his majesty had fore-knowledge thereof , among a world of convincing arguments which may cleer him in this particular , the lord maguair upon the ladder , and another upon the scaffold , when they were ready to breath their last , and to appear before the tribunall of heaven , did absolutely acquit him , and that spontaneously of their own accord , being unsought unto , but only out of a love to truth , and the discharge of a good conscience : but touching those c●uentous irish warrs , in regard there was nothing whereof more advantage was made against his late majesty , to imbitter and poison the hearts of his subjects against him then that rebellion , i will take leave to wind up the main causes of them upon a small bottome . . they who kept intelligence and complied with the scot , in his first and second insurrection . . they who dismiss'd the first irish commissioners ( who came of purpose to attend our parlement with some grievances ) with such a short unpolitic harsh answer . . they who took off straffords head , ( which had it stood on , that rebellion had never been ) and afterwards retarded the dispatch of the earl of leicester from going over to be lord-lievtenant . . lastly , they who hindred part of that disbanded army of . men rais'd there by the earl of strafford , which his majesty , in regard they were souldiers of fortune , and loose casheer'd men , to prevent the mischiefs that might befall that kingdome by their insolencies , had promised the two spanish ambassadors , the marquesses of velada and malvezzi , then resident in this court : which souldiers rise up first of any , and put fire to the tumult to find something to do . they , i say , who did all this , may be justly said to have been the true causes of that horrid insurrection in ireland ; and consequently 't is easie to judge upon the account of whose souls must be laid the blood of those hundred and odd thousand poor christians who perished in that war : and had it been possible to have brought o're their bodies unputrified to england , and to have cast them at the lower house door , and in the presence of some members , which are now either secluded , or gone to give account in another world , i believe their noses would have gush'd out with blood for discovery of the true murtherers . touching this last fire-brand of war , which was thrown into england , who they were that kindled it first , the consciences of those indifferent & unblassed men are fittest to be judges , who have been curious to observe with impartiall eyes , the carriage of things from the beginning . i confesse 't was a fatall infortunate thing , that the king should put such a distance 'twixt his person and his parliament , but a more fatall and barbarous thing it was , that he should be driven away from it , that there should be a desperate designe to surprize his person , that ven with his myrmidons , and bourges with his bandogs , ( for so they call'd the riffraff of the city they brought along with them ) should rabble him away , with above four parts in five of the lords , and neere upon two parts in three of the commons : yet 't is fit it should be remembred , what reiterated messages his majesty sent from time to time afterward , that he was alwaies ready to return , provided there might be a course taken to secure his person , with those peers & others who were rioted away from the houses ; 't is fit it shold be remembred , that there was not the least motion of war at all , till hotham kept his majesty out of his own town kingston upon hul , where being attended by a few of his meniall servants , he came only to visit her , which act of hotham's by shutting the gates against him was voted warrantable by the house of commons , and it may be call'd the first thunderbolt of war : 't is fit it should be remembred , that a while after there was a compleat army of . effect if horse and foot inrolled in and about london to fetch him to his parliament by force , and remove ill counsellors from about him , ( long before he put up his royall standard ) and the generall nam'd to live and die with them : and very observable it is , how that generalls father was executed for a traytor , for but attempting such a thing upon queen elizabeth , i meane to remove ill counsellors from about her by force . 't is also to be observed , that the same army which was rais'd to bring him to his parliament , was continued to a clean contrary end two yeers afterwards to keep him from his parlement . 't is fit it should be remembred , who interdicted trade first , and brought in forraigners to help them , and whose commissions of warre were neere upon two moneths date before the kings . 't is fit it should be remebred how his majesty in all his declarations and public instruments made alwaies deep protestations , that 't was not against his parliament he raised armes , but against some seditious members , against whom he had onely desired the common benefit of the law , but could not obtaine it . 't is fit to remember , that after any good successes or advantage of his , he still courted both parlement and city to an accommodation ; how upon the treaty at uxbridge , with much importunity for the generall advantage and comfort of his people and to prepare matters more fitly for a peace , he desired there might be freedom of trade from town to town , and a cessation of all acts of hostility for the time , that the inflamation being allayd , the wound might be cur'd the sooner : all which was denied him . 't is fit to remember how a noble lord at that time told the parlements commissioners in his majesties name , at the most unhappy rupture of the said treaty , that when he was at the highest he wold be ready to treat with them , and fight with them when he was at the lowest : 't is fit the pres●●● army shold remember how often both in their propos●●● , and public declarations they have inform'd the world , and deeply protested that their principall aime was to restore his majestie to honor , freedom and safety , whereunto they were formerly bound , both by their own protestation and covenant , that the two commanders in chief pawn'd unto him their soules thereupon . let them remember , that since he was first snatch't away to their custody , he never displeas'd them in the least particular , but in all his overtures for peace , and all his propositions he had regard still that the army shold be satisfied : let it be remembred , that to settle a blessed peace to preserve his subjects from rapine and ruine , and to give contentment to his parlement , he did in effect freely part with his sword , scepter , and crown , and ev'ry thing that was personall to him : let it be remembred with what an admired temper , with what prudence and constancie with what moderation and mansuetude hee comported himselfe since his deep afflictions , insomuch that those commissioners and others who resorted unto him , and had had their hearts so averse unto him before , return'd his converts , crying him up to be one of the sanctifiedst persons upon earth : and will not the blood of such a prince cry aloud for vengeance ? let it be remembred , that though there be some precedents of deposing kings in this kingdome , and elsewhere , when there was a competition for the right title to the crown by some other of the blood royall , yet 't is a thing not only unsampled , but unheard of in any age , that a king of england whose title was without the least scruple , shold be summon'd and arraign'd , tryed , condemn'd , and executed in his own kingdom , by his own subjects , and by the name of their own king , to whom they had sworn alleagiance . the meanest barister that hath but tasted the laws of the land can tell you , that it is an unquestionable fundamentall maxime , the king can do no wrong , because he acts by the mediation of his agents and ministers , he heares with other mens eares , he sees with other mens eyes , he consults with other mens braines , he executes with other mens hands , and judges with other mens consciences ; therefore his officers counsellors or favorits are punishable , not 〈◊〉 and i know not one yet whom he hath spar'd , but sacrificed to justice . the crown of england is of so coruscant and pure a mettall , that it cannot receive the least taint or blemish ; and if there were any before in the person of the prince , it takes them all away and makes him to be rectus in c●r●a . this as in many others may be exemplified in henry the seventh , and the late queen elizabeth : when the first came to the crown 't was mention'd in parlement , that the attainder might be taken off him , under which he lay all the time he liv'd an exile in france ; it was then by the whole house of parlement resolv'd upon the question , that it was unnecessary , because the crown purg'd all . so likewise when queen elizabeth was brought as it were from the scaffold to the throne ; though she was under a former attainder , yet 't was thought superflous to take it off , for the crown was lieth away al spots , and darteth such a brightnesse , such resplendent beams of majesty , that quite dispel al former clouds : so that put case king iames died a violent death , and his son had been accessary to it ( which is as base a lie as ever the devil belch'd out ) yet his accesse to the crown had purg'd all . this businesse about the playster which was applied to king iames , was sifted & winnow'd as narrowly as possibly a thing could be in former parlements , yet when it was exhibited as an article against the duke of buckingham , 't was term'd but a presumption or misdemeanure of a high nature : and 't is strange that these new accusers shold make that a parricide in the king , which was found but a presumption in the duke , who in case it had been so , must needs have been the chiefest accessary . and as the antient crown and royall diadem of england is made of such pure allay , and cast in so dainty a mould , that it can receive no taint , or contract the least speck of enormity and foulenesse in it self , so it doth endow the person of the prince that weares it with such high prerogatives , that it exempts him from all sorts of publique blemishes , from all attainders , empeachments , summons , arraignments and tryalls ; nor is there or ever was any law or precedent in this land , to lay any crime or capitall charge against him , though touching civill matters , touching propertie of meum and tuum , he may be impleaded by the meanest vassall that hath sworn fealty to him ; as the subjects of france , and spain may against their kings , though never so absolute monarchs . in the constitutions of england , there are two incontroulable maximes , whereof the meanest mootman that hath but saluted littleton cannot be ignorant : the first is , rex in suis dominiis neque habet parem , nec superiorem . the king in his own dominions hath neither peer , or superior . the other is satis habet rex ad poenam quod deum expectet ultorem : 't is punishment enough for a king that god will take revenge of him . therefore if it be the fundamentall constitution of the land , that all just tryalls must be by peers , and the law proclaimes the king to have none in his own dominions , i leave the world to judge , what capacity or power those men had to arraigne the late king , to be in effect his accusers and judges ; and that an exorbitant unsampled tribunall shold be erected , with power and purpose to condemn all that came before it , to cleer none , and that sentence of death shold passe without conviction or law upon him that was the head and protector of all the lawes . lastly , that they who by their own confession represent but the common people , should assume power to cut off him who immediately represented god , — cui dabit partes scelus expiandi iupiter ? — well , we have seen such portentous things , that former ages never beheld , nor will future ages ever be witnesse of the like : nay , posterity , after a century or two will hold what is now really acted to be but romances : and now with thoughts full of consternation and horror ; with a heartfull of amazement and trembling for the flagrant and crying sins of this forlorn nation , which hath drawn such an endlesse warr , and an unheard of slaverie upon it self , i will conclude with this short prayer , which carrieth with it as much of universall charity , as of particular : god amend all , and me first . finis . political aphorisms, or, the true maxims of government displayed wherein is likewise proved ... : by way of a challenge to dr. william sherlock and ten other new dissenters, and recommended as proper to be read by all protestant jacobites. harrison, thomas, fl. . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing h c estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : or : ) political aphorisms, or, the true maxims of government displayed wherein is likewise proved ... : by way of a challenge to dr. william sherlock and ten other new dissenters, and recommended as proper to be read by all protestant jacobites. harrison, thomas, fl. . [ ], , [ ] p. printed for tho. harrison ..., london : . attributed to harrison by wing and nuc pre- imprints. advertisements: [ ] p. at end. item at reel : identified as h (number cancelled). reproduction of original in the cambridge university library and university of illinois (urbana-champaign campus). library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng sherlock, william, ?- . -- case of resistance of the supreme powers stated and resolved. jacobites. divine right of kings. great britain -- politics and government -- - . - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - judith siefring sampled and proofread - judith siefring text and markup reviewed and edited - pfs batch review (qc) and xml conversion political aphorisms : or , the true maxims of government displayed . wherein is likewise proved , that paternal authority is no absolute authority , and that adam had no such authority . that there neither is or can be any absolute government de iure , and that all such pretended government is void . that the children of israel did often resist their evil princes without any appointment or soretelling thereof by god in scripture . that the primitive christians did often resist their tyrannical emperors , and that bishop athanasius did approve of resistance . that the protestants in all ages did resist their evil and destructive princes . together with a historical account of the depriving of kings for their evil government , in israel , france , ●●●in , portugal , scotland , and in england before and sin●● the conquest . by way of challenge to dr. william sherlock , and ten other new dissenters , and recommended as proper to be read by all protestant iacobites . he that being often reproved , hardneth his neck , shall suddenl● be destroyed , and that without remedy , prov. . . london , printed for tho. harrison at the west end of the royal exchange in cornhill . . the preface . after all the signal deliverances god hath vouchsafed to these brittish islands , and the many eminent appearances of divine providence in our late happy revolution , even to this day , one would think no protestant should repine at this happy and advantageous change , from an arbitrary to a legal monarchy , but reckon it his felicity to have lived to this day , to see the imperial crown of england worn by a protestant king and queen ; an happiness which our fathers wished and longed for in king charles the first 's and second 's time , but could not obtain , the evil consequence thereof this nation hath sufficiently felt ; therefore i may well say , o thrice happy england , didst thou know thy happiness , and hadst an heart to be thankful for it ! who could have thought , that notwithstanding the visible hand of god in this unparallel'd revolution , we should still have amongst us a korah , a dathan , and an abiram , a murmuring still in our streets ? our fore-fathers never bought their liberty at so cheap a rate as we have done now , which makes it so much despised and slighted at present , as if liberty could never be good without wading through a sea of blood to obtain it . we commend our fore-fathers for standing up for their rights and priviledges , ( without which we should have been slaves to this day ) and yet that we should condemn one another for the same thing , though our religion , which is infinitely more dear to us than a few worldly liberties , lies at stake , is such an intollerable folly that succeeding ages will hardly give credit to . but what is more strange , is , that some protestants are for the restauration of the late king james , with the young impostor , the consequence whereof can be nothing less than slavery , and the total subversion of the protestant religion in england , as well as the endangering it throughout the world. but that the world may see what rare notions of civil government our murmurers have , i shall here set down some of the sayings of one of their mighty pillars of passive obedience , dr. william sherlock , as they are in his case of resistance of the supreme powers . no man wants authority ( says the dr. pag. . ) to defend his life against him who has no authority to take it away ; but yet he tells you most learnedly , p. . that the prince is the powers or authority ; ( not the laws ) and in p. . that the king receives not his sovereign authority from the law ; and in p. . he sayes , that there could not be greater nor more absolute tyrants than the roman emperors were , and yet they had no power over the meanest christian , but by an express commission from heaven : and he tells you further , p. . that when we resist our prince , we resist the ordinance , constitution and appointment of god. what invincible arguments are these for passive obedience , which makes god the author of all the outrages , cruelties , rapin●s and blood-shed that have been committed in the world by sovereign princes ! but i think the dr. has taken the right way ( if there be any ) to establish the doctrine of passive obedience without reserve . st. peter exhorted the christians to submit to every ordinance of man for the lords sake ; which plainly signifies ( sayes the ingenious dr. p. . ) that whatever hand men may have in modelling civil governments , yet it is the ordinance of god , and princes receive their power from him : what a rare argument is this for tyranny , oppression , and idolatry , &c. for according to the doctor 's notion , if the legislative authority of a nation should abolish the christian religion , and set up paganism , mahometanism , and popery , and make never such unjust and tyrannical laws , yet it would be the ordinance of god. since i can hardly find throughout all the doctor 's book , he knows what any part of civil government is , and least he should take an established religion to be no part thereof , i shall make bold to tell him , that when a religion is established by the legislative authority of any nation , it becomes part of the civil government , and is to be defended and supported by the administrator of that government . the dr. hath many more as rare arguments as these , but for brevity sake i omit them , these being sufficient to shew upon what rock this sort of men build their notions of passive obedience . i challenge all the new dissenters in england , and all the conformists who have sworn allegiance to their majesties only as king and queen de facto : but more particularly , dr. will. sherlock , shadrach cook , john leke , dr. francis thompson , person , dr. — audley , will. gefford of suffolk , john hart of tanton , wood , cuff , john norris of cambridge , richard stafford , and the author of the history of passive obedience , together with sir r. lestrange and all his pupils , to answer the following tract . i desire these learned men to resolve me this case of conscience , whether or no those who joyned with or assisted the prince of orange , upon his arrival , are not guilty of rebellion ? and whether or no those divines and laicks who invited him over , are not more guilty of rebellion , ( according to the doctrine of passive obedience , without reserve , as being the first cause thereof ) than they that joyned with him upon his first arrival ? and whether upon the bishops refusing to disown their inviting him over , it does not follow that they did invite him over , and upon their refusing to subscribe to the form of an abhorrence of the invitation , it did not plainly imply , that they disowned the doctrine of passive obedience , and allowed the resisting of arbitrary power ? and when they desired the prince of orange ( our present king ) to take upon him the administration of the government , it did not imply that king james had deserted the government , and that the throne was thereby become vacant ? the reason why i take this unusual way of writing by way of challenging of particular men , is , because in a general challenge no man would reckon himself concerned in it : for what is every ones business , is no body's business ; and because the dissenters from the present government do assert , that ( the late ) king james is de jure still , and that obedience is due to him during his life , and that dr. sherlock and many others can prove the doctrine of passive obedience , without reserve , to be a true doctrine , and they hope to hear it preach'd with as much zeal as ever . these are the reasons that induced me to challenge particular men , and to write this tract , that there might be no plea for the resurrection of this absurd , nonsensical , sheepish , slavish , inhumane , bow-string doctrine , which one sucks in with his milk ; another he takes it to be the distinguishing doctrine of the church ; and another believes it , because it has been told him from the pulpit ; and a fourth because a great many ingenious and learned men have declared it to be a true doctrine : thus we become wise by tradition and example , having an implicit faith to believe whatever our guides declarr to be the doctrine of the gospel , though it be never so contrary to the iustice and goodness of almighty god , and to undenyable reason . if the church in its reformation from popery had retained transubstantiation , no doubt but we should have had as many and as zealous asserters of that doctrine as of passive obedience without reserve , the one being as false as the other is impossible . i remember the saying of a passive obedience man , if an angel ( sayes he ) came down from heaven , and preacht any other doctrine than passive obedience , as it was lately taught us , i would not believe him . o what a commendable thing is it to be true to ones principle , though it be never so ridiculous or false , or tends never so much to the inslaving or destruction of our countrey ! i have hitherto ( says cato ) fought for my countreys libety , and for my own , and only that i might live free among free-men . i wish that every english-man could say that he had either sought or done something else for the good of his countrey , which is the ambition of t. h. political aphorisms : or the true maxims of government displayed . it is evident that no rule or form of government is prescribed by the law of god and nature ; for that then they would be both immutable , and the self-same in all countries . for the better proof whereof , it is necessary to shew , how far government proceeds from nature , and how far from man ; to wit , that man is sociable , and inclined to live together in company , which proceeds from nature , and consequently also from god , that is author of nature ; from whence do proceed all private houses , then villages , then towns , then castles , then cities , and then kingdoms and common-wealths ( as aristotle saith in his book of politicks ) . tho government in like manner , and jurisdiction of magistrates , which does follow necessarily upon this living together in company , be also of nature ; yet the particular form or manner of this or that government , in this or that fashion , as to have many governors , few , or one , and those either kings , dukes , earls , or the like ; or that they should have this or that authority more or less , for longer or shorter time , or be by succession , or election themselves and their children , or next in blood : all these things ( i say ) are not by law natural or divine ( for then , as hath been said , they should be all one in all countries and nations ) for god said , gen. . . it is not good that man should be alone , i will make him an help-meet ( or assistant like unto himself ) : so that as this first society of our first parents was of god , and for so great purpose as the one to help and assist ( not destroy or inslave ) the other : so all other societies , as proceeding from this first , stand upon the same ground of god's ordinance , for the self-same end of mans utility or happiness ; all which is confirmed by the consent and use of all nations throughout the world ; which general consent cicero calleth ipsam vocem naturae , the voice of nature her self . for there was never yet any nation found either of ancient times , or of later days , by the discovery of the indies , or else-where , where men living together , had not some kind of magistrate , or superior to govern them ; which evidently declareth , that magistracy is also from nature , and from god that created nature ( though not in this or that particular form : ) which point our civil law doth prove in like manner , in the beginning of our digest , do origine iuris civilis & omnium magistratuum , of the beginning of the civil law , and of all magistrates , which beginning is referred to the first principle of natural instinct , and god's institution . though common-wealths and government of the same by magistrates are of nature ; yet the particular forms or manner of governments are not of nature , but are lest unto every nation and country to chuse what form of government they like best , and think most fit for the natures and conditions of the people . by the state of nature we are all equal , there being no superiority or subordination one above another ; there can be nothing more rational , than that creatures of the same species and rank promiscuously born to all the same advantages of nature , and the use of the same faculties should also be equal one amongst another , without god by any manifest declaration of his will had set one above another , and given him superiority or soveraignty . were it not for the corruption and viciousness of degenerate men , there would be no need of any other state ; for every one in that state being both judg and executioner of the law of nature , which is to punish according to the offence committed . men being partial to themselves , passion and revenge is very apt to carry them too far in their own cases , as well as negligence and unconcernedness makes them too remiss in other mens . this makes every one willingly give up his single power of punishing to one alone , or more , as they shall think most convenient , and by such rules as the community , or those authorized by them to that purpose , shall agree on , with intention in every one the better to preserve himself , his liberty and property . what is it but flattery to the natural vanity and ambition of men , too apt of it self to grow and increase with the possession of any power , who would perswade those monarchs in authority , that they may do what they please , because they have authority to do more than others ; since rational creatures cannot be supposed , when free , to put themselves into subjection to another for their own harm , which were to put themselves in a worse condition than in the state of nature , wherein they had liberty to defend their lives and properties against the invasions of any man or men whatsoever ; whereas by giving up themselves to the absolute arbitrary power of any man , they have disarm'd themselves , and armed him to make a prey of them when he pleases . i have been the longer in speaking of the state of nature , and the natural instinct to society and government , for that it is the fountain of all the rest that ensueth in a common-wealth , but if we respect god and nature , as well might all the diversity of governments , which have been , and now are in the world , have followed one law , as so different , but that neither god , nor nature ( which is from god ) hath prescribed any of those particular forms , but concurreth or permitteth such which the common-wealth appoints . can any man say that god and nature did not concur as well with italy when it had but one prince , as now when it hath so many , and the like with germany , and also with switzerland , which was once one common-wealth under the dukes and marquesses of austria , and now are divided into thirteen cantons or common-wealths , under popular magistrates of their own ? england also was first a monarchy under the britains , and then a province under the romans , and after that divided into seven kingdoms at once , under the saxons , and after them of the danes , and then the normans , and then the french , and now a monarchy again under the english ; and all this by god's providence and permission , who suffered his own peculiar people the jews to be under divers manner of governments at divers times ; at first under patriarchs , abraham , isaac and jacob ; then under captains , as moses , ioshua , and the like ; then under judges , as othoniel , ehud and gideon ; then under high priests , as eli and samuel ; then under kings , as saul , david , and the rest ; then under captains and high priests again , as zorobbabel , iudas maccabeus , and his brethren ; until the government was lastly taken from them , and they brought under the power of the romans . and last of all that god does concur with what magistrate or magistrates the community thinks fit to appoint , is plain by the testimony of holy scripture , as when god said to solomon , by me kings rule , and nobles , even all the iudges of the earth , prov. . . that is , by his permission they govern , tho chosen by the people ; and st. paul to the romans avoucheth , that authority is not but of god , and therefore he that resisteth authority , resisteth god , rom. . which is to be understood of authority , power and jurisdiction in it self according to the laws of every country . all politick societies began from a voluntary union and mutual agreement of men , freely acting in the choice of their governours , and forms of government . all kings receive their royal dignity from the community by whom they are made the superiour minister and ruler of the people . aristotle , cicero , augustin , fortescue , and all other politicians agree , that kingdoms and common-wealths were existent before kings ; for there must be a kingdom and society of men to govern , before there can be a king elected by them to govern them ; and those kingdoms and societies of men had ( for the most part ) some common laws of their own free choice , by which they were governed , before they had kings , which laws they swore their kings to observe , before they would crown or admit them to the government , as is evident by the coronation-oaths of all christian and pagan kings continued to this day . the safety of the people is the supreamest law ; and what they by common consent have enacted , only for the publick safety , they may , without any obstacle , alter when things require it , by the like common consent . the lawful power of making laws to command whole politick societies of men , belongeth so properly unto the same intire societies , that for any prince or potentate , of what kind soever upon earth , to exercise the same of himself , and not by express commission immediately and personally received from god , or else by authority derived at first from their consent , upon whose persons they impose laws , it is no better than meer tyranny . laws they are not therefore , which publick approbation hath not made so . hooker 's eccl. pol. l. . § . . whosoever ( says aristotle ) is governed by a man without a law , is governed by a man , and by a beast . as every man , in the delivery of the gift of his own goods , may impose what covenant or condition he pleases ; and every man is moderator and disposer of his own estate . so in the voluntary institution of a king , and royal power , it is lawful for the people , submitting themselves , to prescribe the king and his successors what law they please , so as it be not unreasonable and unjust , and directly against the rights of a supream governour . no man can be born an absolute king ; no man can be a king by himself ; no king can reign without the people . whereas on the contrary , the people may both be , and are by themselves , and are in time before a king. by which it appears that all kings were and are constituted by the people , because , by the law of nature , there is no superiority one above another ; and god has no where commanded the world , or any part thereof , to be governed by this or that form , or by this or that person ; therefore all superiority and authority must , and does proceed from the people , since , by the law of god and nature , there is no superiority one above another . aristotle saith , that the whole kingdom , city , or family , is more excellent , and to be preferred before any part or member thereof . succession was tolerated ( and appointed in the world ) to avoid competition , and inter-regnum , and other inconveniences of election . 't is plain , from what hath been said , that all government proceeds from the people . now i will prove that they have authority to put back the next inheritors to government , when unfit or uncapable to govern : and also to dispossess them that are in lawful possession , if they fulfil not the laws and conditions by which , and for which their dignities were given them ; and when it is done upon just and urgent causes , and by publick authority of the whole body , the justice thereof is plain ; as when the prince shall endeavour to establish idolatry , contrary to the laws of the land ; or any religion which is repugnant to the scripture , as popery , &c. or to destroy the people , or make them slaves to his tyrannical will and pleasure : for as the whole body is of more authority than the head , and may cure it when out of order ; so may the weal-publick cure or purge their heads , when they are pernitious or destructive to the body politick ; seeing that a body civil may have divers heads by succession or election , and cannot be bound to one , as a body natural is : which body natural , if it had ability to cut off its aking or sickly head , and take another , i doubt not but it would do it , and that all men would confess it had authority sufficient , and reason so to do , rather than the other parts should perish , or live in pain and continual torment : so may the body politick chuse another head and governour in the room of its destructive one ; which hath been done for many ages , and god hath wonderfully concurred therein ( for the most part ) with such judicial acts of the common-wealth against their evil princes ; not only prospering the same , but by giving them commonly some notable successor in place of the deprived , thereby both to justify the fact , and remedy the fault of him that went before . first , king saul was slain by the philistines by god's appointment , for not fulsilling the law and limits prescribed unto him . ammon was lawful king also , yet was he slain , for that he walked not in the way prescribed him by god , king. . and david and jesiah were made kings in their rooms , who were two most excellent princes . shal●m , pekahiah , and pekah , three wicked and idolatrous kings of israel , were , by god's just judgment , slain one after another . and all the kings of israel , who violated the covenant and conditions annexed to their crowns , did , for the most part , lose their lives , and underwent the utter extirpation of their posterities from the crown . rehoboham ( for only ) threatning to oppress the people , was deserted by them , who chose jeroboham his servant in his stead , which was approved on by god. if i should instance all the kings over the children of israel whom god permitted ( and appointed ) to be slain , and those that were carried away captive by the heathens for their unjust government , i should be too copious . but i will leave the hebrews , and give you several examples of the depriving of evil princes of the government , in france , spain , portugal , &c. and last of all in scotland and england ; and of the happiness and prosperity that did attend those kingdoms upon such acts , which can be imputed to nothing but the blessing of almighty god which attended those proceedings ; and by consequence he approved thereof , and does approve of such acts. there has been two great changes made of the royal line in france ; the first from pharamond to the line of pepin , the second from pepin to hugo capet . childerick the third was deprived for his evil government , and pepin was chosen king in his stead , whose posterity reigned for many years after him , and were brave kings , as history doth testify . lewis the third , and charles sirnamed le-gross , were both deprived by the states of france for their ill government , and such who were thought more worthy , appointed in their stead . all french histories do attribute to these great changes that have been made by the people , the prosperity and greatness of their present kingdom . henry the third , before he was king of france , was chosen king of polonia : but for departing thence without leave , and not returning at his day , was deprived by publick act of parliament . if i were to mention all the acts of this nature throughout europe , i should be too tedious , therefore i will mention only some few . in spain , flaveo suintila was deprived for his evil government , together with all his posterity , and sissinando chosen in his room . don pedro , sirnamed the cruel , for his injurious proceedings with his subjects , they resolved to dethrone him ; and to that intent sent for a bastard brother of his , named henry , that lived in france , desiring him to come , with some french men , to assist them in that act , and take the crown upon himself . which he did , by the help of the spaniards , and slew him in fight hand to hand , and so enjoyed the crown , as doth his off-spring to this day . this henry was a most excellent king , as well for his courage in war , as for his other brave qualities . in portugal , don sanco the second , was deprived , by the universal consent of all portugal , and don alanso his brother set up : who , amongst other great exploits , was the first that set portugal free from all subjection , dependance , and homage to the kingdom of castile . and his son , who was his successor , builded and founded above forty great towns in portugal : who was likewise a most rare prince , and his off-spring ruleth there to this day . cisternus , king of denmark , for his intolerable cruelty , was deprived , and his wife and three children disinherited , and his uncle frederick was chosen king in his stead , whose off-spring remaineth in the crown . in scotland , the nobility and gentry , &c. took arms against durstus their king , for his intolerable cruelty , and slew him and his confederates in battel , ( and put by his sons , lest they should imitate their father's vices ) and elected even , his brother , king ; who leaving a bastard son , the kingdom was conferred on him . crathy cinthus having surprized and slain donald for his tyranny , he was unanimously elected king. ethus was , for his evil government , deprived , and gregory made king in his stead . buchanan , a scots-man , speaking of his country , saith , that it was free from the beginning , created it self kings upon this very law , that the empire being conferred on them by the suffrages of the people ; if the matter required it , they might take it away by the same suffrages . of which law many footsteps have remained even to our age. i will end this narration with examples out of england , ( before and since the conquest ) archigallo , emerian , vortigern , sigibert king of the west-saxons ; beornred , and alured king of northumberland , were all deprived of their thrones for their evil government , and such who were thought more worthy preferred in their stead . king edwin being deprived for his unjust government , the crown was given to his brother edgar , who was one of the rarest princes that the world had in his time , both for peace and war , iustice , piety , and valour : he kept a navy ( saith stow ) of three thousand and six hundred ships , distributed in divers parts for defence of the realm , and he built and restored forty seven monasteries at his own charge , &c. the crown of england hath been altered by the community , and settled upon those from whom they expected more justice than from the right heirs ; witness the electing and crowning of edelwald and casebelian ; egbert not next in blood , edward , adalston , and harold , who were all illegitimate ; and edred , against the right of his two nephews , canutus a foreigner , and hardiknute , without title , and edward the confessor , against the right heirs . after the conquest , anno. . robert the elder brother was put aside , and william rufus , the third son of william the conqueror , was elected : after whose death , henry the first , his younger brother ( though not next heir ) was chosen by the people , not summoned by writ . after the death of henry the first , stephen was chosen king against the right of mand , the daughter of henry the first . after his death henry the second was admitted king , against the right of his mother maud. after the death of richard the first , king john ( earl of morton ) was elected , and arthur the right heir disinherited . henry the third was chosen against the right of eleanor prince arthur's sister . at the death of henry the third , the states of the kingdom met and setled the government , by appointing officers , and what else was necessary for the defence of the realm , and edward the fourth was set up by the people during the life of henry the sixth . now it is plain , that the kings and queens of england , ever since william rufus's time , have proceeded from those who were set up by the people against the next heirs . king edward the second , richard the second , and richard the third , were , for not governing according to the laws of the land , deprived of the government , and edward the third , and henry the fourth and seventh , were preferred in their rooms , which were most rare and valiant princes , who have done many important acts in this kingdom , and have raised many families to nobility , put down others , changed states both abroad and at home , altered the course of descent in the blood royal , and the like ; which was unjust , and is void at this day , if the changes and deprivations of the former kings were unlawful , and consequently all those princes that have succeeded them ( which yet never failed of a constant lineal descent ) were usurpers ; and those that do pretend to the crown of england at this day , have no title at all , ( which was yet never denied ) for that from those men they descended , who were put in the place of the aforementioned , deprived by the common-wealth : and this is , and hath been the custom and practice of all kingdoms and common-wealths , to deprive their princes for their evil government ; and that god hath , and does concur with the same , is plain from the examples before-mentioned , of the prosperity and happiness that hath attended those acts. the barons , prelates , and commons took a solemn oath , that if king john should refuse to grant and confirm their laws and liberties , they would wage war against him so long , and withdraw themselves from their allegiance to him , until he should confirm to them by a charter , ratified with his seal , all things which they required : and that if the king should afterwards peradventure recede from his oath , as they verily believed he would , by reason of his double-dealing , they would forthwith , by seizing on his castles , compel him to give satisfaction . he afterwards breaking his oath and promise , the barons said , what shall we do with this wicked king ? if we let him thus alone he will destroy us and our people ; it is expedient therefore that he should be expelled the throne , we will not have him any longer to reign over us : and accordingly they sent for lewis the prince of france , to be their king , and swore fealty to him , but they afterwards discovering that he had sworn that he would oppress them , and extirpate all their kindred , they rejected him , and set up henry the third . the bishops of hereford , lincoln , and several earls , barons and knights for each county , being deputed to go to edward ii , and demand a surrender of the crown , said to him , that unless he did of himself renounce his crown and scepter , the people would neither endure him , or any of his children , as their soveraign ; but disclaiming all homage and fealty , would elect some other for king who should not be of the blood ; upon which the king resigned his crown , &c. by the common usage of england , which is the common law of england , kings may be deprived for evil government , and others set up in their stead , is plain from the afore-going examples . richard the first being taken prisoner by the emperor in his return from the holy land , it was decreed , that the fourth part of all that year's rents , and of all the moveables , as well of the clergy as of the laity , and all the woolls of the abbots of the order of cistersians and of semphringham , and all the gold and silver chalices , and treasure of all churches , should be paid in towards the ransom of the king , which was done accordingly . if all this was given for the liberty of one man ; certainly much more ought to be given now , when all our liberties and properties , and even our religion too lies at stake , if necessity required it , which god forbid . by the law of nature , salus populi , the welfare of the people , is both the supream and first law in government , and the scope and end of all other laws , and of government it self ; because the safety of the body politick is ever to be preferred before any one person whatsoever . no human law is binding which is contrary to the scripture , or the general laws of nature . religion doth not overthrow nature , whose chiefest principle is to preserve her self ; and god doth not countenance sin in the greatest , but rewards the punisher , witness jehu , &c. the end for which men enter into society , is not barely to live , but to live happily , answerable to the excellency of their kind , which happiness is not to be had out of society . all common-wealths are in a state of nature one with another . as magistrates were designed for a general good ; so the obligation to them must be understood so , as to be still in subordination to the main end ; for the reason of all law and government is the publick good. government being for the benefit of the governed , and not for the sole advantage of the governours , but only for theirs with the rest , as they make a part of that politick body , each of whose parts and members are taken care of , and directed in their peculiar function for the good of the whole , by the laws of the society . the end of government being the preservation of all as much as may be , even the guilty are to be spared where it can prove no prejudice to the innocent . the publick power of all society is above every soul contained in the same society ; and the principal use of that power is to give laws unto all that are under it , which laws in such cases we must obey , unless there be reason shewed which may necessarily inforce that the law of reason or of god doth injoyn the contrary . hooker eccl. pol. l. . §. . t. cicero saith , there is one nature of all men ; that even nature it self prescribes this , that a man ought to take care of a man who ever he be , even for this very cause , that he is a man. if otherwise , all human consociation must necessarily be dissolved ; therefore , as there are two foundations of justice : first , that no hurt be done to any ; next , that the profit of all , if it can be done , be advanced . that all magistates and governours do proceed from the people , is plain from the following examples in scripture ; deut. . , . the children of israel are commanded to make judges and officers throughout their tribes . deut. . , . when thou art come into the land , &c. and shalt say , i will set a king over me , like as all the nations that are about me : thou shalt in any wise set him king over thee , whom the lord thy god shall choose : one from among thy brethren shalt thou set over thee ; thou mayst not set a stranger over thee . so god did only reserve to himself the nomination of their king ; by which he designed to make his people more happy than they could expect by their own peculiar choice ; he knowing the heart of man , and corruption of his nature , would be sure to nominate such who was most fit to govern his people . god did not require the jews to accept of him for king whom he should chuse , but left it to their own free will , whether they would accept him or no , is plain from the following examples . upon the death of saul , david was set up by the appointment of almighty god , yet there was only the tribe of judah that followed david and made him king , eleven tribes following ishbosheth , saul's son , whom they made king ; and though david had a long war against the house of saul , yet he calls them not rebels , neither do we find that god punished them , or sent any judgment upon them for not accepting of david as king ; and when rechab and banah had slain ishbosheth , and brought his head to david at hebron , saying , behold the head of thine enemy ! yet david , instead of rewarding them , caused them to be slain for killing of ishbosheth , whom he calls a righteous person , not a rebel : after whose death all those tribes came to david , and made a compact with him for the performance of such conditions which they thought necessary for the securing of their liberty before they made him king : sam. chap. , , , . the making of solomon king by david his father , was not thought sufficient without the peoples consent , else why did the people anoint solomon , and make him king the second time . we read , judg. . , , . that after gideon had slain zebah and zalmunna with the midianites , the children of israel said unto gideon , rule thou over us , both thou and thy sons , and thy sons son also ; for thou hast delivered us from the hand of midian . but he refusing their offer , they afterwards made his bastard-son abimelech king , though he had threefoore and ten lawfully-begotten sons . zimri having slain baasha king of israel , reigned in his stead , but the children of israel hearing thereof , rejected him , and made omri the captain of the host king of israel , kings . , . the kingdom of edom appointed a deputy to rule over them instead of a king , and gave him royal authority , there being then no king in edom , kings . . see macchab. . , , . & . , . & . to . by which it is further apparent that their kings and governours were chosen by the people . as propinquity of blood is a great preheminence towards the attaining of any crown , yet it doth not bind the common-wealth to yield thereto , and to admit at hap-hazard every one that is next by succession of blood , ( as was falsly affirmed by r. l'estrange and many others , when the parliament would have disinherited the duke of york as unfit to govern this nation , he being a papist ) if weighty reasons require the contrary , because she is bound to consider well and maturely the person that is to enter , whether he be like to perform his duty and charge to be committed to him : for to admit him that is an enemy or unfit to govern , is to consent to the destroying of the common-wealth . see how god dealt in this point with the children of israel , sam. . after he had granted to them the same government as the other nations round about them had , whose kings did ordinarily reign by succession as ours do at this day , and as most of the kings of the jews did afterwards : yet that this law of succeeding by proximity of birth , though for the most part it should prevail , yet he shewed plainly that upon just causes it might be altered , as in the case of saul , who left behind him many children , yet not any of them succeeded him , except ishbosheth , who was not his eldest son , who was anointed king by abner the general captain of that nation , to whom eleven tribes followed , until he was slain ; and then they chose david . and jonathan , saul's other son , so much praised in holy scripture , being slain in war , his son mephibosheth did not succeed in the crown , though by succession he had much greater right to it than david . god promised david that his seed should reign ( for ever ) after him — yet we do not find this performed to any of his elder sons , nor to any of their offspring , but only to solomon his younger and tenth son. rehoboam , the lawful son and heir of king solomon , coming to shichem , where all the people of israel were assembled together for his coronation and admission to the crown , ( for until that time he was not accounted true king ) who refusing to ease them of some heavy impositions which they had received from his father , ten tribes of the twelve refuse to admit him their king , and chose jeroboam his servant , and made him their lawful king , and god allowed thereof ; for when rehoboam had prepared an hundred and fourscore thousand chosen men , who were warriours , to reduce those ten tribes to the obedience of their natural prince , god commanded them to desist by his prophet shemaiah , and so they did . these and the like determinations of the people about admitting or refusing of princes to reign or not to reign over them , when their designments are to good ends , and for just causes , are allowed by god , and oftentimes are his own special drifts and dispositions , though they seem to come from man. he who is set up or made king by the consent of the people , hath a just title against the next heir of the blood and his issue , who are put by the crown ; else most of the princes now reigning in europe would be usurpers , and want good titles to their crowns , they or their ancestors being set up by the people , which were not the right heirs of the royal stock . the laws of the commonwealth is the very soul of a politick body . kings and emperors always have been , are , and ought to be subject to the laws of their kingdoms ; not above them , to violate , break or alter them at their pleasures , they being obliged by their coronation-oaths , in all ages and kingdoms , inviolably to observe them : for st. paul saith , a prince is the minister of god for the peoples good , and tribute and custom are paid to him , that he may continually attend thereto . the defence and procuration of the common-wealth is to be managed to the benefit of those who are committed , not of those to whom it is committed . a just governour for the benefit of the people , is more careful of the publick good and welfare , than of his own private advantage . allegiance is nothing but obedience according to law , which when the prince violates , he has no right to obedience . there is a mutual obligation between the king and people , which whether it be only civil or natural , tacit , or in express words , can be taken away by no agreements , violated by no law , rescinded by no force . a kingdom is nothing else but the mutual stipulation between the people and their kings . the supream authority of a nation belongs to those who have the legislative authority reserved to them ; but not to those who have only the executive , which is plainly a trust when it is separated from the legislative power ; and all trusts by their nature import , that those to whom they are given are accountable , though no such condition is specified . if the subject may in no case resist , then there can be no law , but the will and pleasure of the prince : for whoever must be opposed in nothing , may do every thing ; then all our laws signify no more than so many cyphers : and what are the law-makers but so many fools or mad-men , who give themselves trouble to no purpose ? for if the king is not obliged to govern by those laws that they make , to what purpose are the people to obey such laws ? whether another has right to my goods , or , if he demand them , i have no right to keep them , is all one . if the king sue me by pretence of law , and endeavour to take away my money , my house or my land , i may defend them by the law ; but if he comes armed to take away my liberty , life and religion , which are mine by the laws of god and man , may i not secure them with a good conscience ? every man has a right to preserve himself , his rights and priviledges , against him who has no authority to invade them : and this was the case of moses , who seeing an egyptian smiting an hebrew he slew him . and samson made war upon the philistines for burning his wife and her father , who were both but private persons , who knew they could have no other kind of justice against them , but what the law of nature gives every man. we ought ( saith the learned junius brutus in his discourse of government ) to consider that all princes are born men. we cannot therefore expect to have only perfect princes , but rather we ought to think it well with us if we have gained but indifferent ones : therefore the prince shall not presently be a tyrant if he keep not measure in some things , if now and then he obey not reason , if he more slowly seek the publick good , if he be less diligent in administring justice . for seeing a man is not set over men as if he were some god , as he is over , beasts , but as he is a man born in the same condition with them : as that prince shall be proud , who will abuse men like beasts ; so that people shall be unjust , who shall seek a god in a prince , and a divinity in this frail nature . but truly if he shall wilfully subvert the republick ; if he shall wilfully pervert the laws ; if he shall have no care of his faith , none of his promises , none of justice , none of piety ; if himself become an enemy of his people , or shall use all or the chiefest notes we have mentioned , then verily he may be judged a tyrant , that is , an enemy of god and men : and by how much longer he is tolerated , the more intolerable he becomes , and they may act against him whatever they may use against a tyrant either by law or just force . tyranny is not only a crime , but the head , and , as it were , the heap of all crimes ; therefore is he so much the more wicked than any thief , murtherer , or sacrilegious person , by how much it is more grievous to offend many and all , than particular persons . now if all these be reputed enemies , if they be capitally punished , if they suffer pains of death , can any invent a punishment worthy so horrid a crime ? the laws are the nerves and sinews of society ; and as the magistrate is above the people , so is the law above the magistrate , or else there can be no civil society . he who makes himself above all law , is no member of a common-wealth , but a meer tyrant . if a magistrate , notwithstanding all laws made for the well-governing a community , will act plainly destructive to that community , they are discharged either from active or passive obedience , and indispensibly obliged by the law of nature to resistance . is it not reasonable and just i should have a right to destroy him who threatens me with destruction ? for by the fundamental law of nature , man being to be preserved as much as possible , when all cannot be preserved , the safety of the innocent is to be preferred ; i say , he who having renounced his reason , the common rule and measure god hath given to mankind , by endeavouring to destroy me , is thereby become as a beast of prey , and ought to be treated accordingly . the laws ( says tully ) are above the magistrates , as the magistrates are above the people . he who is destructive to the being of another , hath quitted the reason which god hath given to be the rule betwixt man and man of justice and equity , hath put himself into the state of war with the other , and is as noxious as any savage beast that seeks his destruction . no man in civil society can be exempted from the laws of it : for if there be no appeal on earth , for redress or security against any mischief the prince may do , then every man in that society is in a state of nature with him , in respect of him . thucidides l. . saith , not only those are tyrants who reduce other into servitude , but much rather those , who when they may repulse that violence , take no care to do it ; but especially those who will be called the defenders of greece and the common country , but yet help not their oppressed country . if a man may be a wolf to a man , nothing forbids but that a man may be a god to a man , as it is in the proverb . therefore antiquity hath enrolled hercules amongst the number of the gods , because he punished and tamed procrustes , busyris , and other tyrants , the pests of mankind , and monstets of the world. so also the roman empire , as long as it stood free , was often called the patrocine against the robberies of tyrants , because the senate was the haven and refuge of kings , people and nations . it is as lawful , and more reasonable , to prevent the overthrowing of our religion , laws , rights and priviledges , fro● any man or men whatsoever amongst our selves , as from a foreign power ; because one acts contrary to the laws of god and the country , and the other being not subject to the laws of the country , can be no ways bound by it . it was thought no injustice in the ship to call out the prophet , when they found he was likely to prove the wrack of them all ; and the almighty shewed he approved of their act , by quieting the storm when he was gone . the scripture , that hath set us none but good example , tells us , that some princes should not have one of their race left that pisseth against the wall : now what were their faults but idolatry and oppression of their people ? then how can it be a sin in a nation to free themselves from an idolatrous and oppressing king ? when it is done by the greatest and most considerable part thereof , it does silently imply a consent of god ; for it cannot be covetousness or ambition that moves such a multitude . when once the christian religion is become a part of the subjects property by the laws and constitutions of the country , then it is to be considered as one of their principal rights : and so may be defended as well as any other civil right ; since that those different forms of government that the jews were under , is no rule for the government of any nation or people whatsoever . the principles of natural religion give those who are in authority , no power at all , but only secure them in the possession of that which is theirs by the laws of the country . that cause is just which defends the laws , which protects the common good , which shall preserve the realm : and that cause is unjust which violates the laws , defends the breakers of the laws , protects the subverters of the country . that is just which will destroy tyrannical government ; that unj●st which would abolish just government ; that lawful which tends to the publick good , that unlawful which tends to the private . but alas , that bug-bear dagon of passive obedience , is a notion crept into the world , and most zealously , and perhaps as ignorantly defended : here all our laws and decrees , by which we are governed , are of the peoples choice ; first made by the subject , and then confirmed by the king. here a king cannot take our sons and daughters , our fields and vineyards away , unless we please to give him them . where was the doctrine of passive obedience , when elisha prayed for blindness to come upon those who were sent by the king of syria to fetch him ? and when he commanded the door to be shut , and the messenger to be held fast who was sent for his head by the king of israel ? and when azariah , with fourscore valiant priests , thrust out uzziah , their lawful king , out of the temple ? and when elijah destroyed the two captains with fire from heaven , with the hundred men under their command , who were sent at twice , by king ahaziah , to fetch him ? and when the children of israel slew amasiah , their lawful king , for his idolatry , without any appointment in scripture , or prophecy of his downfal ? and yet that is no where called rebellion , neither were they punished by his son , whom they had made king in his father's stead . and when mattathias slew the king's commissioner , for compelling men to idolatry ? and when mattathias and his friends pulled down the altars which were adapted to idols , macc. . , . where was the doctrine of passive obedience when the edomites revolted from jehoram , and made themselves a king ? and libnah did also revolt , because of his evil government , chron. . without any appointment , or foretelling of their revolt by god in scripture , or being call●d rebels . and when saul's subjects swore that saul should not kill jonathan ; and they reseued him that he died not ? sam. . . and when david ( though a private man ) armed himself with six hundred men , no doubt but he designed to have fought saul and his army , if the men of keliah would have assisted him , and have been true to him ; when he enquired of the lord , whether the men of keliah would deliver him and his men into the hands of saul ? upon the lord 's answering , they would deliver them up , he and his men departed the city , sam. . can any man imagine their meaning was to run up and down the country together , and fly before saul and his army , if they had been able to cope with any number he could bring or send against them ? if resistance was unlawful , and a sin , surely david , a man after god's own heart , would have known it ; and then he would not have involved the six hundred men that came to his assistance in the sin of rebellion , but have told them , that the prince was not to be resisted , though never so great a tyrant . where was the doctrine of passive obedience , when constantine the great aided the oppressed christians and romans , against the tyranny and persecution of the emperors , maxentius and maximinius , with force of arms , with which he conquered those persecutors in several battels , fought against them at the christians earnest importunity ? and when the primitive christians resisted lucinius their emperor , for persecuting them contrary to law ; and constantine the great joined with them , who held it his duty , saith eusebius , to deliver an infinite multitude of men , by cutting off a few wicked ones , as the pests and plagues of the time. and when the primitive christians of constantinople opposed asper's being made emperor ; but leo being named , they consented thereto . and when the christians , under the king of persia , resisted him for persecuting them , and was assisted by theodosius the roman emperor , who told the king of persia , he was ready to defend them , and no ways to see them suffer for religion ? and when the christians of armenia the greater , made a league with the romans for the securing of their persons and their religion , against the persians under whom they lived ? and when the novatians , assisted by the orthodox , resisted and beat the macedonians , though they were assisted by constantius the emperor , with four thousand men to drive them from paplelagonia ? and when the primitive christians destroyed julian's idolatrous temple in his reign ? where was the doctrine of passive obedience , when the lutheran churches defended themselves against the emperor charles the fifth ? and when the protestants of austria took up arms , anno , against matthias king of hungaria , for denying them the free exercise of their religion ? and when queen elizabeth assisted the hollanders against their lawful soveraign ? and when she assisted the protestants of france , against their lawful soveraigns charles the ninth , and henry the third ? and when king charles the first , and the bishops and clergy of england assisted the protestants of france ? and when the protestant princes of germany invited gustavus adolphus , king of sweeden , to come into germany to assist the protestants against their lawful prince for persecuting them ? and when the protestants joined with him upon his arrival ? and when king charles the first assisted them with men from england ? so that , according to this christian doctrine of passive obedience , queen elizabeth , and king charles the first , with the bishops and clergy of england , and several other princes and states , have been guilty of st. paul's damnation ; for they that are a ding and assisting to rebels , are as guilty as those that are actually in it . lucifer calaritanus , a famous christian , wrote a book against constantius the emperor , which he sent him to read ; wherein he calls him , and his idolatrous bishops , blasphemers ; and charges him with inviting the christians to idolatry , and tells him , he ought to be put to death for so doing , by the command of god , in deut. . where god says , that he that ( but ) intices secretly to idolatry , shall be put to death . and this was approved on by the great bishop athanasius , and those christians that were with him , who calls it , the light of truth , the doctrine of the true faith : how came you ( says he to calaritanus ) to understand the sense and meaning of the scripture so perfectly , if the holy ghost had not assisted you in it ? now i would sain know , whether he that is aiding and assisting towards the bringing in of idolatry , ( as the popish religion is ) is not as worthy of death , as he that only inticeth to idolatry ? and this is the case of many who call themselves of the church of england , who are for the restoration of king james , and by consequence of idolatry . surely if god had commanded the yoke of subjection to the tyrannical will of princes , 't is strange that neither the prophets , elisha and elijah , nor azariah , nor david with his followers , nor the jews under their kings , nor the primitive christians after their religion was established by laws , nor any of the reformed churches , should not have known this doctrine of passive obedience . in the barons wars , under simon of monfort , the king and his sons were taken prisoners ; but the prince escaping , fights simon and kills him : the historians of those times calls him not a rebel or a traytor , but a martyr for the liberties of church and state. if resistance be unlawful upon any account whatsoever , then were all those people guilty of rebellion , who in all ages have resisted or turned out their evil and destructive kings and governours ; and then the jews were guilty of this sin , for slaying and turning out several of their kings , without any appointment from god in scripture . so likewise the primitive christians did involve themselves under the guilt of st. paul's damnation , for resisting of their kings and emperors ; and likewise the christians in all ages since , who have resisted their princes by turning them out , &c. and then bishop athanasius , ( author of our creed ) and those christians with him , did also come under the guilt of st. paul's damnation , for approving of calaritanus's book , which , according to the doctrine of passive obedience , was a treasonable and rebellious book ; for the incendiaries to rebellion , are as guilty as they that are actually in it . and then all those princes that have been set up by the people , in the room of those whom they have turned out , ( for their evil government ) were usurpers ; and consequently all those who have succeeded them , where the descent of the blood is altered , are intruders , usurpers , and no lawful kings . were the doctrine of passive obedience , without reserve , a true doctrine , no doubt but we should have had a better account thereof than from a few court-divines , who have most learnedly interpreted the will and pleasure of the prince against the laws of nature , or of the country , to be the powers which st. paul requires obedience unto , under the pain of damnation . so by consequence the law ceaseth to be the powers ; then we are in a worse condition than in the state of nature . with what face can any man assert that passive obedience , without reserve , is the doctrine of the gospel ? which is charging god with as palpable a contradiction as any two things can be , it being diametrically opposite to the law of self-preservation , which is the law of nature , and the decree of the almighty , which law is sacred , and not to be infringed by any man. god never commanded any thing contrary to the law of nature , unless it were in the case of abraham in commanding of him ( as a tryal of his faith ) to offer up his son isaac . protection is the only cause of allegiance and obedience , is plain , from the example of david and his six hundred men , who were protected from saul and his army , by achish king of the philistines , who gave them ziklag to live in , and david and his men fought for the philistines against the geshurites , gezrites and the amalekites . and subdued them . david owed no allegiance to saul , who sought his destruction , is plain ; for when achish told david that he and his men should go with him to fight against the children of israel ; david offered his service , and said to achish , surely thou shalt know what thy servant can do . then achish said unto david , therefore i will make thee keeper of my head for ever . so david and his men went in the rear of the army ; and when the lords of the philistines would not let david and his men fight for them , lest they should betray them into the hands of saul and his army , then david expostulated with achish , and said , what have i done ? and what hast thou found in thy servant , so long as i have been with thee unto this day , that i may not go fight against the enemies of my lord the king ? sam. chap. , , . this is a plain case , that david intended to fight saul and his army . now the intention of the mind is as bad as the act ; and yet it is no ways said , that david repented thereof , or of his arming the six hundred men ( before mentioned ) with design to sight his lawful soveraign king saul . the primitive christians took protection to be the only cause of allegiance : for when julian the apostate was chosen emperor of the romans , ( not by the free consent of the people , but ) by the souldiers , during the life of constantius the lawful possessor of the throne . the christians did not reckon themselves obliged to fight for constantius against julian ; for they troubled not their heads with the rights of princes . agustus , tho he had violently usurped the throne , yet he was confirmed in it by the people and senate of rome , who established it in his family by a long prescription , when st. paul's and st. peter's epistles were wrote , of obedience to the laws to kings and magistrates : so that we see that obedience was required to an usurper under the pain of damnation , when the government was confirmed to him by the people , that is , by the majority , for it cannot be thought that every body consented thereto . apolonius thyanaeus , writing to the emperor domitian , saith , these things have i spoken concerning laws ; which if thou shalt not think to reign over thee , then thy self shalt not reign . in matrimony , which is the nearest and strictest obligation of all others , by which those who were two , are made one flesh , if one party forsakes the other , the apostle pronounceth the party forsaked to be free from all obligation , because the party deserting violates the chief conditions of marriage , &c. cor. . . and shall not the people be much more absolved from their allegiance to that king who has violated his oath , and the laws of the land , the very cause for which they swear allegiance to him ? absolute monarchy is inconsistent with civil society ; and therefore can be no form of civil government , which is to remedy the inconveniencies of the state of nature . no man , or society of men , have power to deliver up their preservation , or the means of it , to the absolute will of any man ; and they will have always a right to preserve what they have not power to part with . no power can exempt princes from the obligation , to the eternal laws of god and nature . as no body can transfer to another more power than he has in himself , and no body has an absolute arbitrary power over himself , or over any other , to destroy his own life , or take away the life and property of another ; therefore a man cannot give such authority to any , or subject himself to the arbitrary power of another : for the law of nature is an eternal rule to all men , whose actions must be conformable to that law , which is the will of god. for the fundamental law of nature being the preservation of mankind , no human law can be good or valid against it ; and much less the will and pleasure of a prince against the law and custom of the country , which shall be prejudicial to the subject . as the happiness and prosperity of kingdoms depend upon the conservation of their laws ; if the laws depend upon the lust of one man , would not the kingdom fall to ruin in a short space ? but the laws are better and greater than kings , who are bound to obey them . then is it not better to obey the laws , rather than the king ? who can obey the king violating the law ? who will or can refuse to give aid to the law when infringed ? it is impossible any body in a society should have a right to do the community harm . all kings and princes are , and ought to be bound by the laws , and are not exempted from them , and this doctrine ought to be inculcated into the minds of princes from their infancy . let the prince be either from god , or from men , yet to think that the world was created by god , and in it men , that they should serve only for the benefit and use of princes , is an absurdity as gross as can be spoken ; since god hath made us free and equal : but princes were ordained only for the peoples benefit , that so they might innocently preserve human and civil society with greater facility , helping one the other with mutual benefits . in all disputes between power and liberty , power must always be proved , but liberty proves it self ; the one being founded upon positive law , the other upon the law of nature . with what ignorance do some assert , that adam was an absolute monarch , and that paternal authority is an absolute authority ? for that the father of a family governs by no other law than by his own will , and the father is not to be resisted by his child ? and that adam had a monarchical , absolute , supream , patornal power ? and that all kingly authority is a fatherly authority , and therefore irresistable ? and that no laws can bind the king , or annul this authority ? how could adam be an absolute monarch , when god gave him the herbs but in common with the beasts ? gen. . , . can it be thought that god gave him an absolute authority of life and death over man , who had not authority to kill any beast to satisfy his hunger ? certainly he had no absolute dominion over even the brutal part of the creatures ( much less over man ) who could not make that use of them as was permitted to noah and his sons , gen. . . where god says , every moving thing that liveth shall be meat for you ; even , as the green herbs , have i given you all things . is it not as reasonable to believe , that god would have cursed adam if he had killed his son abel , as cain for killing him ? cain was very sensible every one had , by the law of nature , a right to kill him for being guilty of blood , when he said , every one that found him should slay him , gen. . . god made no exemption to the greatest man living who should be guilty of innocent blood , when he said , he that sheddeth mans blood , by man shall his blood be shed , gen. . . neither noah or his sons were exempted from this great law ; and therefore could have no absolute authority : since god has no where given any man such authority , there can be no such authority ; for the community cannot make themselves slaves by investing such an authority in any man : should they do it , it is not binding , it being against the law of nature . if noah was heir to adam ( i ask ) which of noah's sons was heir to him ? for if by right it descended to all his sons , then it must have descended to all their sons , and so on ; if so , then are all men become equal and independent , as being the off-spring of adam and noah : if it descended only to the eldest , and so on , then there can be but one lawful monarch in the world , and who that is , is impossible to be found out ; so that paternal monarchical authority , take it which way you will , it comes to just nothing at all . where human institution gives it not , the first-born has no right at all above his brethren . no man has an absolute authority over the creatures ( much less over mankind ) because they were given ( for the use of all men ) as occasion should serve : should any man or men destroy them for their will and pleasure , beyond what is necessary for the use of man , or for his preservation , it would be a sin , and therefore could be no authority ; for god authorizes no man to commit a sin , tho he often permits it . the law of god and nature gives the father no absolute dominion over the life , liberty or estate of his child , and therefore he can have no absolute authority ; and where there is no absolute authority , there can be no absolute subjection due . there is an eternal obligation on parents to nourish , preserve , and bring up their off-spring , and under these circumstances obedience is due , and not otherwise . what is a father to a child more than another person , when he endeavours to destroy him ? nay , is he not so much the more odious as the act is more barbarous , for a father to endeavour to destroy his own off-spring , than for another person endeavouring it ? certainly in such a case no passive obedience can be due , it tending to his destruction ( not for his good ) which is no fatherly act , and therefore not to be submitted to . he that lets any person whatsoever destroy him , when it is in his power to preserve his life by defending himself , does tacitly consent to his own death , and therefore is guilty of his own blood as well as he that destroys him : whereas by defending himself , there can be but one guilty of blood , ( which is the invader ) in which defence , if he kills the other , his blood lies at his own door : by which it follows , that passive obedience to unjust violence is a sin , but resisting such violence is no sin , but the duty of every man. the first duty that i owe is to god , the second to my self in preserving my self , &c. the third to my parent and soveraign , in obeying them in all things reasonable and lawful . by all the precepts in scripture which require obedience to parents , homage and obedience is as due to the one as to the other ; for 't is nowhere said , children obey your father , and no more ; the mother is mentioned before the father in lev. . . ye shall fear every man his mother , and his father . sure solomon was not ignorant what belonged to him as a king , or a father , when he said , my son , hear the instructions of thy father , and forsake not the law of thy mother : and our saviour says , matth. . . honour thy father and mother . and ephes. . . children , obey your parents , &c. if paternal authority be an absolute authority , i ask , whether it be in the eldest of the family ? if so , whether a grandfather can dispense with his grand-child's paying the honour due to his parents by the fifth commandment ? 't is evident in common sense , the grandfather cannot discharge the grand-child from the obedience due to his parents , neither can a father dispense with his child's obedience due to the laws of the land ; therefore the obedience required to parents in scripture is not to an absolute authority , for there can be no absolute authority where there is an authority above it . with what folly and ignorance do some assert , that the kings of england are absolute , as proceeding from william the conqueror ? to which i answer , that a conqueror has no right of dominion ( much less any absolute authority ) over the wife and children of the conquered , or over those who assisted not against him . conquest may claim such a right as thieves use over those whom they can master , which is a right of tenure , but no tenure of right . conquest may restore a right , forfeiture may lose a right , but 't is consent only that can transact or give a right . there is no other absolute power , than over captives taken in a just war. if the possession of the whole earth was in one person , yet he would have no power over the life or liberty of another , or over that which another gets by his own industry , for propriety in land gives no man authority over another . william the conqueror made a league or compact with the nobles and lords of the land , to the performance of which , he takes an oath to observe the ancient laws of the realm , established by his predecessors the kings of england , and especially of edward the confessor ; as likewise did henry the first , with the emendations his father had made to them . stephen who succeeded henry , made a compact , and promiseth a meloration of their laws according to their minds . william rufus , henry the first , and stephen get the consent of the people by promising to grant them their usual laws , and ancient customs . henry the first , richard the first , king john , and richard the second , oblige themselves at their coronations to grant them , and then the people consented to own them as their king ; and richard the first , and king john were conjured by the arch-bishops not to take upon them the crown , unless they intended to perform their oaths . if any king refused so to do , the nobles thought it their concern to hinder his coronation , till he had either made or promised this engagement . what can be more absurd than to say , that there is an absolute subjection due to a prince , whom the laws of god. nature and the country , have not given such authority ? as if men were made as so many herds of cattel , only for the use , service and pleasure of their princes . but some do object , that the anointing of kings at their coronations makes their persons sacred , unquestionable and irresistable , for any tyrannical or exorbitant actions whatsoever . to which i answer , that every christian's baptism is a sacrament of christ's institution ; a spiritual unction and sanctification which makes a person as sacred , yea more holy than the anointing of kings can or doth of it self , ( that being no sacrament ) a truth which no christian can , without blasphemy , deny : and yet no christian is exempted from resistance , censure , or punishments , according to the nature of his crime ; and therefore the anointing of kings at their coronations cannot do it ; it being a ceremony of the jews , not instituted by christ , or any ways commanded to be continued by the apostles , or their successors ; it signifying only the chusing or preserring one before another , and so became the ceremony of consecrating to any special office , and so was ordinarily used in the enstalling men to offices of any eminency . the reign of a good king resembles that of heaven , over which there is but one god , for he is no less beloved of the vertuous than feared of the bad ; and if human frailty could admit a succession of good kings , there were no comparison , power being ever more glorious in one , than when it is divided . 't is not the title of a king , but the power ( which is the laws ) which is invested in him , which makes the difference betwixt him and other men in the executing of this power : his person is sacred , and not to be resisted , he being above every soul contained in the same society , and therefore cannot be resisted , or deprived of his office by any part , or by the whole community , without the greatest sin of robbery and injustice imaginable . if a government ( say some ) may be disturbed for any unlawful proceedings of the governour , or his ministers , how can any government be safe ? to which i answer , that it is not lawful for every private man to fly into the bosom of his prince , for he is no competent judg , be he of never so great a quality ; else a king was the most miserable man living , lying at the mercy of every desperate fellow's censure . it is impossible for one , or a few oppressed men , to disturb the government , where the body of the people do not think themselves concerned in it , and that the consequences seem not to threaten all ; yea when it does , yet the people are not very forward to disturb the government ; as in king charles the second's time , when the charters were condemned , and seized upon in order to make us slaves , and the laws perverted to the loss of many innocent lives , and many other oppressions too many to insert , and yet no body offered to disturb the government ; i say , till the mischief be grown general , and the designs of the rulers become notorious , then , and then only , will the people be for righting themselves . whosoever , either ruler or subject , by force goes about to invade the rights of either prince or people , and lays the foundation for overturning the constitution and frame of any just government , he is guilty of the greatest crime , i think , a man is capable of , being to answer for all those mischiefs of blood , rapine and desolation , which the breaking to pieces of governments brings on a country ; and he who does it , is justly to be esteemed the common enemy and pest of mankind , and is so to be treated accordingly ; and how far the late king james was guilty of this , i leave the world to judg . finis . the author's advertisement . just as i had finished this book , i received a reply to my former book , which i thought to have answered ; but finding the arguments to be frivolous and weak , and my necessary avocations allowing me but little time , therefore i forbore answering it . advertisements . the doctrine of passive obedience , and jure divino disproved . price d. the letter which was sent to the author of the doctrine of passive obedience and jure divino disproved , &c. answered and refuted . wherein is proved , that monarchy was not originally from god. that kings are not by divine appointment , but that all government proceeds from the people . that the obedience required in scripture , is to the laws of the land , and no otherwise . that resisting of arbitrary power is lawful . that the oath of allegiance to the late king james was dissolved before the prince of orange ( our present king ) landed . that upon the non-performance of an oath on one side , the other becomes void , is plainly prov'd from several examples in scripture . that protection is the only cause of allegiance ; and that obedience or allegiance is due to the present government , is proved from scripture , law and reason : and those texts of scripture which relate to government , or monarchy , are explained . price stitch'd d. both written by the same author , and printed for tho. harrison . a congratulatory poem to the ministers sons, on their splendid feast, thursday december th, . dunton, john, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). b wing d a interim tract supplement guide c. .f. [ ] estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. b ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books; tract supplement ; a : [ ]) a congratulatory poem to the ministers sons, on their splendid feast, thursday december th, . dunton, john, - . sheet ([ ] p.). printed by j.a. for john dunton at the black raven in the poultrey., london, : . attributed to john dunton by wing. verse: "receive a bold unbidden guest, among ..." reproduction of original in the british library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng great britain -- politics and government -- - -- poetry -- early works to . - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - john pas sampled and proofread - john pas text and markup reviewed and edited - pfs batch review (qc) and xml conversion congratulatory poem to the ministers sons , on their splendid feast , thursday december th , . receive a bold unbidden guest , among the least , the worst of all your nobler throng , who for admittance only dares to sue , because kind fate has made him one of you . when that wise king , whose young , but mighty hand bore the vast scepter of the sacred land , when him and all his glories time shall rust , then you shall be obscur'd with common dust . in vain the trembling atheist would dethrone that power , which for his life he dares not own ; whilst grateful heaven its servants here does grace with such a worthy , such a generous race . in vain on inspiration t'other dotes , and humane learning but a need-not votes ; whilst he the prophets sons so far may find beyond the usual stamp of humane kind . more madly rome grants to the sacred life dozens of whores , but not one single wife : since from the holy matrimonial flame of priests , so great , so brave an army came . all here look pure like truth , like vertue fair , and all breath something more than common air. envy look round , and when thy blood-shot eye can find no spot , envy look round and dye . but as for you , let plenty pleasure bring , and veil you safe beneath her gentle wing , 'till from long happy ages you remove , and all your bright forefathers meet above . london , printed by j. a. for john dunton at the black raven in the poultrey . . an aproved [sic] ansvver to the partiall and vnlikt of lord digbies speech to the bill of attainder of the earle of strafford which was first torne in pieces and afterwards disgracefully burnt by the hangman in smithfield, cheapside, westminster upon fryday being the day of july / written by a worthy gentleman. printed paper cald the lord digbies speech to the bill of attainder of the earle of strafford worthy gentleman. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing a ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing a estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; :e , no ) an aproved [sic] ansvver to the partiall and vnlikt of lord digbies speech to the bill of attainder of the earle of strafford which was first torne in pieces and afterwards disgracefully burnt by the hangman in smithfield, cheapside, westminster upon fryday being the day of july / written by a worthy gentleman. printed paper cald the lord digbies speech to the bill of attainder of the earle of strafford worthy gentleman. [ ], p. s.n.] [london? : . also published under title: a printed paper cald the lord digbies speech ... torne in peices [!], and blowne away. reproduction of original in thomason collection, british library. eng bristol, george digby, -- earl of, - . strafford, thomas wentworth, -- earl of, - . great britain -- politics and government -- - . a r (wing a ). civilwar no an aproved ansvver to the partiall and unlikt of lord digbies speech to the bill of attainder of the earle of strafford. which was first tor worthy gentleman c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion an aproved answer to the partiall and vnlikt of lord digbies speech to the bill of attainder of the earle of strafford . which was first torne in pieces , and afterwards disgracefully burnt by the hang-man in smithfield , cheapside , westminster , upon fryday being the . day of july , . written by a worthy gentleman . printed in the yeare , . an aproved answer to the partiall and vnlikt of lord digbies speech to the bill of attainder of the earle of strafford . the sandge , that is the incoherent self-dividing and self-forsaking speech , that endevor to shew how the same man , might both condemne and acquit the same man ( the earle of strafford ) doth not so much call for the stroke of an hammer , to batter it , as a puffe of wind to blow it away , to encounter it with the votes of the two houses of parliament , with the united opinion of the iudges , with the learned argument in westminster hall ( before the committees of both houses ) were to kill a fly with an axe , and to honour , rather then to overthrow it . for certainly the strength of it is only great in the kindnesse ( that i say not the weaknesse ) of the reader , stealing away the affection , not convincing the iudgement ; if arguments bee raised from it ; they are such as neede an hospitall , being blinde and lame , if arguments be raised against it the speech falls before them , like grasse before the mower . will you see an argument of this paper , and indeed a paper argument : if it doth not appeare to him by two testimonies , that the army of ireland was to bee brought over to reduce this kingdome then the earle of strafford is not guiltie of high treason . now doth he beleeve himself in this proposition , when he seeth divers other charges of treason besides laid against him ; if . or . treasons be obiected and proved , is it a sufficient cause of clearing if . be not proved to his mind , and as he saies but by a single testimony , though the other by more ; if the author cannot bee drawn to a better beliefe by the cords of reason . i thinke he would certainly be drawne to it , by the cords of a comparison . if himselfe were tied with three or foure cords , and a friend had freed him from one , would he tell his friend , let me alone for i am free enough , though i am bound by the rest ; surely i think the other cords ( after some stay at least ) wold perswade him to change his minde by his inability to change his place . but faults in this paper doe not goe alone ; for is he not wilingly blind when he sees not the iery clause ▪ of reducing this kingdome by an irish army manifestly appearing in the former and as it were looking him in the face ; for a former testimony of . witnesses saith , that his maiesty is absolved from all rules of goverment and may doe what power will admit : certainly most besides himselfe doe see what power will admit the use of an irish army and any other that the same power can purchase , or command . so that where he quarrels for want of an irish army , he hath gotten now about his eares , irish , english , dutch , &c. but yet againe he multiplies and is fruitfull in absurdities . he saies , that he hath no notion of subverting law treasonable but only by force ; certainly this argument then will never subvert the law , for it hath no force in it , it is an argument taken onely from his owne ignorance , and runs , or rather halts thus , he knowes no other , therefore there is no other ; to frame this right it should run thus . there is no way of subverting the law , but that which i know , but i know no way of subverting the law , but by force . now in the first of these is too much knowledge , and in the latter too much ignorance . but who saith this , is it some ancient judge or father of the law , that hath swallowed and digested the great volumes of that iudicious and weightie profession , or is it the speech of one that lookes more into the court then the innes of court , i pray behold an engine strongly framed to lift up and overpoise the trust and beliefe of a whole kingdome in point of law , a young gentleman knowes it not . but if he be not skilfull in common law , he may be somewhat skilfull in common reason , and that may tell him , that if nothing but can subvert law , then iudges cannot subvert law upon the seates of justice ; for though they wil fully pronounce judgment contrary to law ; stop lawfull defences , and rob the subject of the benefit of law ; & let loose the prerogative upon the law to destroy it , except they drive the subjects away from courts of iustice by halberds & guns ; they may take the law from them by false iudgments , denying prohibitions habeas corpus , and all legall remedies and yet not subvert the law . if this authors estate should be lost by this way of iniustice , he may comfort himselfe ( and let it be his comfort alone ) that it is not lost by subverting the law . o unhappy tresillian that thou didst not live in the times , when such patronages might have beene given thee , for then mightest thou have lived out thy time , since thou couldst not commit treason by subverting the iron lawes , but onely by iron . and now i am fallen upon tresillian , i may not forget this authors argument , to which this tresillian will give an unhappy conclusion . he argues thus : the earle of straffords practises have bin as high , as tyrannicall , as ever any ▪ but the practises of tresilian and others have bin as high as high treason . therefore the earle of straffords practises have been as high treason . thus you see how this author with the helpe of tresilian hath prononced sentence against the e. of strafford , so that if he had no other judge this one thus assisted would condemn him , when he goes about to save him . but that is nothing to the purpose , that he is condemned , for though he be condemned , and so condemned , that he can never be absolved till he be dispatcht into another world , yet this author will not have a hand in this dispatch . a merciful inference and most unsutable to the premises , especially if it come out of the mouth of a judge . marke how it sounds in such a mouth , i being a iudge condemne you as guilty of murther or of as high a treason as any , but i will haue no hand in your sentence or dispatch . if judges shuld ride their circuits and end their assies in this logick , granting the premises , and denying the conclusion , were it not most vaine and a meere mockery of justice ? for it were only to find faults , and not to correct them , and to turne justice into meere words . it would shortly make a kingdome a den of theeues , murderers and traytors , and safe for none to dwel in , no not for those that teach this doctrin , though they may be thought by teaching to deserue it . nec enim lex equiar ulla , &c. lastly , who can beleeue this mans suspitions rather then sr. henry vanes oath upon advised recollection ? and oath that gets an addition of beliefe from the speeches going before ( iointly testified by the truely noble earle of northumberland ) and backt by a memoriall written the same day when the words were spoken : which words cald venemous by this paper , had their venome from the speaker , not the hearer , and being recorded the same day wherein they were spoken , did arise thereby to such a pregnance of testimony , that it became very great , and might in a wise mans eye ( be it mr. pym or any other ) looke very neere as big , as two . but though the testimonies be big or many , and the charges many also ; and the earle of strafford as high and tyrannicall in practises as ever any ( by the authors confession ) yet hee must at once be both condemned , and saved . though in his saving , the votes of both houses be condemned , and the kingdome and law in danger not to be saved . finis . a brief review of the most material parliamentary proceedings of this present parliament, and their armies, in their civil and martial affairs. which parliament began the third of november, . and the remarkable transactions are continued untill the act of oblivion, february . . published as a breviary, leading all along successiviely, as they fell out in their severall years: so that if any man will be informed of any remarkable passage, he may turne to the year, and so see in some measure, in what moneth thereof it was accomplished. and for information of such as are altogether ignorant of the rise and progresse of these times, which things are brought to passe, that former ages have not heard of, and after ages will admire. a work worthy to be kept in record, and communicated to posterity. vicars, john, or - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing v a thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) a brief review of the most material parliamentary proceedings of this present parliament, and their armies, in their civil and martial affairs. which parliament began the third of november, . and the remarkable transactions are continued untill the act of oblivion, february . . published as a breviary, leading all along successiviely, as they fell out in their severall years: so that if any man will be informed of any remarkable passage, he may turne to the year, and so see in some measure, in what moneth thereof it was accomplished. and for information of such as are altogether ignorant of the rise and progresse of these times, which things are brought to passe, that former ages have not heard of, and after ages will admire. a work worthy to be kept in record, and communicated to posterity. vicars, john, or - . hamilton, james hamilton, duke of, - . several speeches of duke hamilton earl of cambridg, henry earl of holland, and arthur lord capel, upon the scaffold immediately before their execution, on friday the . of march. [ ], , , - p. : ill. printed by m.s. for tho: jenner, at the south-entrance of the royal exchange., london : . attributed to john vicars. includes "the severall speeches of duke hamilton earl of cambridge, henry earl of holland, and arthur lord capel. spoken upon the scaffold immediately before their execution, on friday the ninth of march, " with caption title; pagination and register are separate. annotation on thomason copy: "aprill "; the imprint date has been altered to . reproduction of the original in the british library. eng england and wales. -- army -- early works to . england and wales. -- parliament -- early works to . executions and executioners -- england -- early works to . last words -- early works to . great britain -- history -- commonwealth and protectorate, - -- early works to . great britain -- politics and government, - -- early works to . a r (thomason e _ ). civilwar no a brief review of the most material parliamentary proceedings of this present parliament, and their armies, in their civil and martial affai vicars, john c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - elspeth healey sampled and proofread - elspeth healey text and markup reviewed and edited - pfs batch review (qc) and xml conversion a brief review of the most material parliamentary proceedings of this present parliament , and their armies , in their civil and martial affairs . which parliament began the third of november , . and the remarkable transactions are continued untill the act of oblivion , february . . published as a breviary , leading all along successively , as they fell out in their severall years : so that if any man will be informed of any remarkable passage , he may turne to the year , and so see in some measure , in what moneth thereof it was accomplished . and for information of such as are altogether ignorant of the rise and progresse of these times , which things are brought to passe , that former ages have not heard of , and after ages will admire . a work worthy to be kept in record , and communicated to posterity . hosea . . who is wise , and he shall understand these things ? prudent , and he shall know them ? for the wayes of the lord are right , and the just shall walk in them : but the transgressors shall fall therein . london : printed by m. s. for tho : jenner , at the south-entrance of the royal exchange . . in the first year of king charles his reign , a parliament being called at oxford , two subsidies were granted , no grievances removed , but the said parliament soon dissolved . the sad effects which the dissolution of this parliament produced , were the losse of rochell , by the unhappy help of englands ships . the diversion of a most facile and hopefull war from the west-indies , to a most expensive and succelesse attempt on cales . the attempt on the isle of ree , and thereby a precipitate breach of peace with france , to our great losse . a peace concluded with spain , without consent of parliament , contrary to a promise formerly made to the kingdom by king james , a little before his death ; whereby the cause of the palatinate was altogether most shamefully deserted by us . the kingdom suddenly billetted with souldiers , and a concomitant project set on foot , for germane horses , to force men by fear , to fall before arbitrary and tyrannicall taxations continually to be laid upon them . parliament . the dissolution of a second parliament at westminster , in the second year after a declarative grant of no lesse then five subsidies , and the sad issues that flowed to the kingdom thereupon . as first , the violent exacting from the people that mighty sum of the subsidies , or a sum equal to it by a commission for a royal loan . many worthy gentlemen imprisoned and vexed , that refused to pay it . great sums extorted by privy seals and excises , and the most hopefull petition of right blasted . parliament . a third parliament called , and quickly broken in the fourteenth year of the king , the best members clapt up close prisoners , denied all ordinary and extraordinary comforts of life ; and so that paliament was dissolved . opprobrious declarations published to asperse the proceedings of the last parliament , yea proclamations set out to those effects , thereby extreamly to dis-hearten the subjects , yea , and plainly forbidding them once to name a parliament , or to desire them any more . whence immediatly gushed out the violent inundations of mighty sums of money , got by that strange project of knight-hood , yet under a colour of law . the most burthensome book of rates , the unheard of taxation of ship-money ; the enlargement of forrests contrary to magna charta ; the injurious taxation of coat and conduct money ; the forcible taking away of the trained-bands arms ; ingrossing gunpowder into their hands in the tower of london . the destruction of the forrest of dean , which was sold to papists , whence we had all our timber for shipping . monopolies of sope , salt , wine , leather , and sea-coal ; yea , almost of all things in the kingdome of most necessary and common use . restraint in trades and habitations ; for refusall of which foresaid heavy pressures , many were vext with long and languishing suits ; some fined and confined to prisons , to the loss of health in many , of life in some ; some having their houses broken open , their goods seized on , their studies or closets searched for writings , books , and papers , to undo them ; some interrupted also in their sea-voyages , and their ships taken from them . the crushing cruelties of the star-chamber court , and councel table , where the recorder of salisbury was greatly fined for demolishing the picture of the first person in the trinity , in their great cathedrall . thus far for the miseries of the common-wealth ; popish ceremonies , romish innovations , and such like other outrages of the arch prelate of canterbury , and his prelaticall agents and instruments , over the whole kingdom , in matters of religion , divine worship , and spirituall cases of conscience . additions in the oath administred to the king , at his first inauguration to the crown , by the arch-bishop . fines , imprisonments , stigmatizings , mutilations , whippings , pillories , gagget , confinements , and banishments ; yea , and that into perpetuall close imprisonments , in the most desolate , remote , and ( as they hoped and intended ) remotest parts of the kingdome . mr ▪ burton , mr bastwick , mr prin. the ruinating of the feoffees for buying in of impropriations , and the advancing to ecclesiasticall livings arminians , silencing with deprivations , degradations , and excommunications , almost all the most pious pastors over the land , whom they could catch in their snares , and all this under a pretence of peace , unity , and conformity . printing presses set open for the printing and publishing of all popish and arminian tenets , but shut up and restrained from printing sound doctrines . nay , not only thus lamentably molested in england , but attempted the like in scotland , indeavouring to impose upon them new liturgie , and a book of canons . they refusing of them , were called and counted rebels and traytours ; yea , so proclaimed in all churches in england , and an army was also raised to oppresse and suppresse them . the arch-prelate of st andrewes in scotland reading the new service-booke in his pontificaliby assaulted by men & women , with cricketts stooles stickes and stones . the rising of prentises and sea-men on southwark-side to assault the arch-bishops of canterburys house at lambeth . scotland raising an army in their own just defence , and by force of arms , inforcing their own peace . a first pacification being then made by the king , and some of his nobility , and ratified under hand and seal , 'twixt them and the scots , yet was it shortly after quite broken off by the arch-prelat of canterbury , and the e. of strafford , and burnt by the hangman at the exchange . parliament . a fourth parliament was thereupon shortly after called again , by those complotters means , but to a very ill intent , and another parliament summoned also at the same time by the earl of strafford in ireland , both of them only to levy and procure moneys to raise another army , and wage a new war against the scots . the ships and goods of scotland , were in all parts and ports of this land , and of ireland also , surprized and seized on for the king ; their commissioners denyed audience to make their just defence to the king , and the whole kingdom of scotland and england too , hereupon much distracted and distempered with leavying of moneys , and imprisoning all amongst us that refused the same . this parliament also refusing to comply with the king , canterbury and strafford , in this episcopal war against the scots , was soon dissolved and broken up by them , and thereupon they returned to their former wayes of wast and confusion , and the very next day after the dissolution thereof , some eminent members of both houses had their chambers , and studies , yea , their cabinets , and very pockets of their wearing cloaths ( betimes in the morning , before they were out of their beds ) searched for letters and writings , and some of them imprisoned , and a false and most scandalous declaration was published against the house of commons in the kings name . a forced loan of money was attempted in the city of london , to be made a president ( if it prevailed there ) for the whole kingdome , but some aldermen refusing , were sorely threatned and imprisoned . in which interim , the clergies convocation continuing ( notwithstanding the dissolution of the parliament ) new conscience-opprissing-canons were forged , and a strange oath with a &c. in it was framed for the establishing of the bishops hierarchy , with severe punishments on the refusers to take it . the oath , that i a. b. doe sweare that i doe approve the doctrine and discipline or government established in the church of england , as containing all things necessary to salvation . and that i will not endeavour by my selfe or any other , directly or indirectly , to bring in any popish doctrine , contrary to that which is so established : nor will i ever give my consent to alter the government of this church , by arch-bishops , bishops , deanes , and arch-deacons , &c. as it stands now established , and as by right it ought to stand . nor yet ever to subject it to the usurpations and superstitions of the sea of rome . and all these things i doe plainly and sincerely acknowledge and swear , according to the plaine and common sence , and understanding of the same words , without any equivocation , or mentall evasion , or secret reservation whatsoever . and this i doe heartily , willingly , and truly upon the faith of a christian . so help me god in jesus christ . in this convocation sore taxations were also imposed upon the whole clergie , even no lesse than six subsidies , besides a bountifull contribution to forward that intended war against scotland . for the advancing of which said sums for this war , the popish were most free and forward ; yea , and a solemn prayer was composed and imposed by the bishops on their ministers every where , to be used and read in all churches against the scots , as rebels and traytors . the papists also in a high measure enjoyed even almost a totall toleration , and a popes nuncio suffered amongst us to act and govern all romish affairs , yea a kind of private popish parliament kept in the kingdom , and popish jurisdictions erected among them . commissioners were also ( secretly ) issued out for some great and eminent papists , for martiall commands , for levying of souldiers , and strengthening their party with arms and ammunition of all sorts , and in great plenty . his majesties treasure was by these means so extreamly exhausted , and his revenues so anticipated , that he was forced to compell ( as it were ) his own servants , judges , and officers of all sorts , to lend him great sums of money , and prisons filled with refusers of these and the other illegal payments ; yea , many high-sheriffs summoned in the star-chamber , and to the councel-board , and some of them imprisoned for not being quick enough in levying of ship-money , and such like intolerable taxations . in sum , the whole land was now brought into a lamentble and languishing condition of being most miserably bought and sold to any that could give and contribute most of might and malice against us , and no hope of humane help , but dolour , desperation , and destruction , to be the portion of all . in which interim , the scots being entred our kingdome for their own defence , the king had advanced his royal-standard at yorke , where the cream of the kingdom , nobles , and gentry being assembled , and a treaty betwixt the prime of both armies had at rippon , for a fair and peaceable accommodation , the king was , at last , inforced to take his nobles councel , and in the first place , a cessation of arms agreed on , and then this th present parliament ( the parliament of parliaments ) was necessitously resolved on to begin , november . . parliament , anno . novemb. . but behold a desperate plot and design was herein also immediately set on foot to spoyle or poyson it in the very embrio and constitution of it , in the first choyce of the members thereof , by letters from the king , queen , malignant and popish earls , lords , knights , and gentry , posts into all parts of the kingdom , to make a strong party for them , but by admirable divine providence , this their plot was counterplotted and frustrated , and the parliament most hopefully congregated and setled . shortly after , a very formidable spanish-fleet , or armado , appeared on our english narrow seas , in sight of dover , and was coming in ( as was on very strong grounds more then probably conjectured ) as a third party , to help to destroy us ; the spaniards hoping , that by this time , we and the scots were together by the ears , but they were by gods mercy , beaten off from us by our neighbours of holland . and we fighting against them , fought against our friends . the souldiers in their passage to york turn reformers , pul down popish pictures , break down rails , turn altars into tables , and those popish commanders , that were to command them , they forced to eat flesh on fridays , thrusting it down their throats , and some they slew . in the time of ours , and the scots armies residing in the north , which was in june , . the malignant lords and prelates , fearing the effects of this present parliament , complotted together to dissaffect that our english army against the parliament , and endeavoured to bring it out of the north , southward , and so to london , to compell the parliament to such limits and rules as they thought fit . whereupon the parliament entred upon this protestation . at the beginning of the parliament ( july ) there was a diligent inquisition after oppressions and oppressors , and first upon the petition of mistris bastwick and m●●●●…s burton , two widowed wives , and a petition exhibited in the behalf of mr pryn , dr laighton , mr smart , mr walker , mr foxley , mr lilburn , and many others , set at liberty , some being banish'd , and all close prisoners , others fast fettered in irons , and their wives debarr'd from coming to them . the earl of strafford then prisoner in the tower , attempted an escape , promising to sir william belfore then lieutenant of the tower , twenty thousand pounds , and the marriage of his daughter to sir williams son , if he would but consent , but sir william hated such bribes . then they attempted by false scandals on the parliament , to intice the army of the scots ( then still in the north ) to a neutrality , whiles our english army acted . die veneris july , . we the knights , citizens , and burgesses of the commons house in parliament , finding to the great griefe of our hearts , that the designes of the priests , jesuites , and other adherents to the sea of rome , have of late been more boldly and frequently put in practice than formerly , to the undermining and danger of the ruine of the true reformed protestant religion , in his majesties dominions established : and finding also that they have been and having just cause to suspect that there are still even during this sitting in parliament , endeavours to subv●rt the fundamentall lawes of england and ireland , and to introduce the exercise of an arbitrary and tyrannicall government , by most pernicious and wicked counsels , practises , plots , and conspiracies : and that the long intermission and unhappy breach of parliaments , hath occasioned many illegall taxations , whereupon the subject hath been prosecuted and grieved : and that divers innovations and superstitions have been brought into the church , multitudes driven out of his majesties dominions , jealousies raised and fomented betwixt the king and his people , a popish army l●vyed in ireland , and two armies brought into the bowels of his kingdome , to the hazard of his majesties royal person , the consumption of the revenues of the crown and treasure of his kingdome : and lastly , finding great cause of jealousie that endeavours have been , and are used to bring the english army into a mis understanding of this parliament , thereby to incline that army with force to bring to pass those wicked councels , have therefore thought good to joyne our selves in a declaration of our united affections and resolutions , and to make this ensuing protestation . the protestation . i a. b. do in the presence of almighty god , promise , vow , and protest to maintaine and defend , is far as lawfully i may , with my life , power , and state , the true reformed protestant religion , expressed in the doctrine of the church of england , against popery and popish innovations , within this realme , contrary to the same doctrine , and according to the duty of my allegiance , his majesties royall person , honour , and estate , as also the power and priviledges of parliament , the lawfull rights and liberties of the subject , and every person that maketh this protestation , in whatsoever he shall do , in the lawfull pursuance of the same . and to my power , and as far as lawfully i may , i will oppose , and by all good wayes and means endeavour , to bring to condigne punishment , all such as shall either by force , practice , councels , plots , conspiracies , or otherwise , do any thing to the contrary of any thing in this present protestation contained . and further , that i shall in all just and honourable ways endeavour to preserve the union and peace between the three kingdoms of england , scotland , and ireland , and neither for hope , fear , nor other respect , shall relinquish this promise , vow , and protestation . the earl of straffords speech on the scaffold , may . . my lord primate of ireland ( and my lords , and the rest of these gentlemen ) it is a very great comfort to me , to have your lordship by me this day , in regard i have been known to you a long time , i should be glad to obtain so much silence , as to be heard a few words , but doubt i shall not ; my lord , i come hither by the good will and pleasure of almighty god , to pay the last debt i owe to sin , which is death , and by the blessing of that god to rise again through the mercies of christ jesus to eternal glory ; i wish i had beene private , that i might have been heard ; my lord , if i might be so much beholding to you , that i might use a few words , i should take it for a very great courtesie ; my lord , i come hither to submit to that judgement which hath past against me , i do it with a very quiet and contented mind , i do freely forgive all the world , a forgiveness that is not spoken from the teeth outward ( as they say ) but from my heart ; i speak it in the presence of almighty god , before whom i stand , that these is not so much as a displeasing thought in me , arising to any creature ; i thank god i may say truly , and my conscience bears me witness , that in all my services since i have had the honour to serve his majesty , in any imployment , i never had any thing in my heart , but the joynt and individuall prosperity of king and people ; if it hath been my hap to be misconstrued , it is the common portion of us all while we are in this life , the righteous judgement is hereafter , here we are subject to error , and apt to be mis-judged one of another , there is one thing i desire to clear my self of , and i am very confident , i speak it with so much clearnesse , that i hope i shall have your christian charity in the belief of it ; i did alwayes think that the parliaments of england , were the happiest constitutions that any kingdome or any nation lived under , and under god the means of making king and people happy , so far have i been from being against parliaments ; for my death , i here acquit all the world , and pray god heartily to forgive them ; and in particular , my lord primate , i am very glad that his majesty is pleased to conceive me not mericing so severe and heavy a punishment as the utmost execution of this sentence ; i am very glad , and infinitely rejoyce in this mercy of his , and beseech god to turn it to him , and that he may find mercy when he hath most need of it ; i wish the kingdom all the prosperity and happines in the world ; i did it living , and now dying it is my wish . i do now profess it from my heart , and do most humbly recommend it to every man here , and wish every man to lay his hand upon his heart , and consider seriously whether the beginning of the happines of a people should be writ in letters of blood ; i fear you are in a wrong way , and i desire almighty god , that not one drop of my blood may rise up in judgement against you . ( my lord ) i profess my self a true and obedidient son to the church of england , to the church wherein i was born , and wherein i was bred ; prosperity & happines be ever to it : and whereas it hath been said , that i have inclined to popery , if it be an objection worth answering , let me say truly , that from the time since i was twenty one years of age , till this hour , now going upon forty nine , i never had thought in my heart , to doubt of the truth of my religion in england ; and never any had the boldnesse to suggest to me contrary to the best of my remembrance ; and so being reconciled to the mercies of christ jesus my saviour , into whose bosom i hope shortly to be gathered to that eternall happiness that shall never have end , i desire heartily the forgivenesse of every man , both for any rash or unadvised word , or deed , and desire your prayes : and so my lord farewel , farewel all the things of this world : lord strengthen my faith , give me confidence and assurance in the merits of jesus christ . i desire you , that you would be silent and joyn in prayers with me , and i trust in god that we shall all meet , and live eternally in heaven , there to receive the accomplishment of all happines , where every tear shall be wiped from our eyes , and every sad thought from our hearts : and so god bless this kingdome , and jesus have mercy upon my soule . amen . the earle of strafford for treasonable practises beheaded on the tower-hill anno . octob. . about this time that inhumane bloudy rebellion , and monstrous massacring of almost innocent english protestants , men , women , and children , brake out in ireland , namely , about october . . having had their principall encouragements from the court of england , and of purpose to have made england the chief seat of the war . the design now went on chiefly against the city of london , for which purpose , the lieutenant of the tower , sir william belford was displaced , and cottington made constable of the tower ; but he was soon displaced , and c. lunsford was made lieutenant of the tower ; but he also was displaced , and sir john byron was made lieutenant of the tower in lunsfords stead ; but he also with much ado removed , and sir john conyers was put in his place . to the kings most excellent majesty , and the lords and peers now assembled in parliament . the humble petition and protestation of all the bishops and prelats now called by his m●j●st●●● writs to attend the parliament , and present about london and westminster for that service . that whereas the petitioners are called up by severall and respective writs and under great penalties to attend the parliament , and have a clear and indubitable right to vote in bils , and other matters whatsoever debatable in parliament , by the ancient customes ▪ lawes , and statutes of this realm , and ought to be protected by your majesty quietly to attem●… and prosecute that great service . they humbly remonstrate and protest before god , your majesty , and the noble lords and peers now assembled in parliament , that as they have an indu●●●ate right ●o sit and vote in the house of lords ; so are they ( if they may be protected from force and violence ) most ready and wil●i●g to performe their duties accordingly and that they doe abominate all actions or opinions tending to popery , and the maintenance thereof ; as also all propension and inclination to any malignant party , or any other side or party whatsoever , to the which their owne reasons and conscience shall not move them to adhere . but , whereas they have been at severall times violently menaced , affronted and assaulted by multitudes of people , in their coming to perform their services in that honourable house , and lately chased away , and put in danger of their lives , and can find no redresse or protection , upon sundry complaints made to both houses in these particulars . they likewise humbly protest before your majesty , and the noble house of peers , that saving unto themselves all their rights and interests of sitting and voting in that house at other times , they dare not sit or vote in the house of peers , untill your majesty shall further secure them from all affronts , indignities , and dangers in the premisses . lastly , whereas their fears are not built upon fantasies and conceits , but upon such grounds and objects as may well terrific men of good resolutions , and much constancy . they doe in all duty and humility protest before your majesty , and the peers of that most honourable house of parliament , against all lawes , orders , votes , resolutions , and determinations , as in themselves null , and of none effect , which in their absence since the th of this instant moneth of december , . have already passed ; as likewise against all such as shall hereafter passe in that most honourable house , during the time of this their forced and violent absence from the said most honourable house ; not denying but if their absenting of themselves were wilfull and voluntary , that most honourable house might proceed in all their premisses ▪ their absence , or this protestation notwithstanding . and humbly beseeching your most excellent majesty , to command the clerk of the house of peers to enter this their petition and protestation among their records . they will ever pray to god to bless , &c. jo. ebor. th dures . rob. co. lich jo norw jo. asa. gul ba. & wells . geo. heref. rob. ox. ma. ely . godf. glouc. io. peterb . morr . landaff . the high commission-court and starr-chamber voted down , and pluralities & non residencies damned by parliament . the bishops had a plot about this time , to subvert the parliament , by indeavouring to get the king to protest against their proceedings in it ; but of them were impeached of high treason , and imprison'd in the tower , and afterward all disabled from ever sitting in the parliament . bishops voted down root and branch , nullo contradicente : the citizens of london the same night made bonefires , and had ringing of bels . the parliament published an ordinance , injoyning all popish recusants inhabiting in and about the city , all dis-affected persons , and such as being able men , would not lend any money for the defence of the common-wealth , should forthwith confine themselves to their own houses , and not to go f●rth without speciall license . an ordinance to apprehend dis-affected persons in the city , whereof were four aldermen put in safe custody , in crosby house , and some in gressam colledge . a letter sent to mr pym . mr pym , do not think that a guard of men can protect you , if you persist in your trayterous courses and wicked designs : i have sent a paper-messenger to you , and if this does not touch your heart , a dagger shall , so soon as i am recovered of my plague-sore . in the mean time you may be forborn , because no better man may be endangered for you : repent traytor . after this the king himselfe violently rushed into the house of commons accused five of their most eminent members of treason , demanded their persons to be delivered up unto him , intending to destroy all that resisted him therein , but crost by the happy absence of the gentlemen . this plot was attempted jan. . . col. lunsford assaulted the londoners at westminster-hall , with a great rout of ruffanly cavaliers . the queen when she went over beyond seas , one of her ships wherein she had great treasure , sprung a leak , and much was lost and spoyled ; and when she returned for england , she had a mighty storm at sea , which brake the mast of van trom's ship , and after eight dayes boisterous turmoyl , she was driven back again . there was broke and lost ships of ammunition , and they that were driven back were almost starved . anno . binion a silk-man of london , and the kentish malignants , wherein sir edw. deering had a principal hand , framed petitions against the proceedings of parliament ; but both were rejected , and they fined and imprisoned . the king forsakes the parliament , and getting the prince to him , leaves london , and posts into the north , and there attempts to get hull into his hands . sir francis windebancke , sir john finch , the lord digby , jermyn , &c. flye for their lives beyond sea . the king interdicts the militia , but the messenger was hanged at the exchange . the lords and gentry of ireland and scotland , petition the king to return to his parliament ; yea and the gentry and commons of yorkshire doe the like , but are all rejected . the king set on foot a commission of array . three letters were intercepted , discovering a plot against the parl. by wilmot , digby , jermyn , cro●ts , and others , which came to nothing ; but we by taking some of their ships were advantaged . sir rich. gurney lord mayor and an array man , was clapt up in the tower . proclamations and declarations against the parliament , read in all churches and chappels within the kings power . sir john pennington displaced , and the earl of warwick put in his place . hull besieged by the marquess of newcastle , and in that interim , beckwith a papist , plotted to betray it by firing it in several places . the citizens of london proffer their service to attend and guard the parl. by land to westminster , to secure them from danger . by water also the stout ship-masters and marriners made ready a great number of long-boats furnished with ordnance , muskets , and other sea-warlike instruments , their vessels gallantly adorned with flags and streamers , together with martial musick , drums and trumpets ; when they came to white-hall and understood that the parliament were safely arriv'd , the train'd bands by land , and the sea-men by water , let flye their thundring shot both smal and great , their trumpets sounding , and their drums beating in a tryumphing and congratulatory manner , was a singular testimony of their cordial affections . the same day buckingham-shire men , both gentlemen , ministers , and others of that countrey on hors-back , with their protestations in their hats , for reformation of evils in church and state , and to assure their best services and assistance to the parliament , on all just occasions ; and out of essex , hartford , bark-shire , surrey , and other counties of the kingdome , came one after another . the earl of essex was ordained lord general over all the parl. forces , which he faithfully managed , as edge-hill , newbury , and other places can abundantly witness . at edge-hill pieces of canon shot against of the earl of essex life guard , and not one man hurt : and those brake in upon of the kings ; four of the parl. regiments ran away , and sixteen troops of horse , so we were and they , yet we took their standard , and cleft sir edw. varney standard-bearer in the head , and slew the lord lindsey general of the field . a plot to have blown up all the lord generals magacine of powder , and another at beverley in yorkeshire , to have slain sir john hotham , both intended by one david alexander , and hired thereunto , but both timely prevented . commissioners granted to popish recusants to leavy men and arms against the parliament . the king received the most bloody irish rebels petition , and permitted their persons with great favour and allowance about him , calling and counting them good catholick subjects ; but utterly rejecting the petition ( exhibited by the lord general ) desiring peace and reconciliation with him . a treaty of peace was really intended by the parliament , but meerly pretended by the king for a while , in which interim , that most bloody bickering at brainford , was committed by the kings party , the city of london mightily preserved . new high-sheriffs , for the better collecting of the li . subsidies , intended to have been confirmed to the king in a former parliament , crost ; and an o●dinance set on foot for the successefull association of counties for mutuall defence one of another . a design of the royalists at oxford , and elsewhere , to proceed against the prisoners as traitors , and so put them to death , by which dr bastwicke , captain lilburn , were to have been tryed for their lives , but preserved by an ordinance for execution of a lex talionis , and so of executing the royal prisoners among us . anno . a notable plot against the city of london , immediately upon the cities preferring a petition to the king , by the hands of two aldermen , and four commoners of the said city , in reply to which petition , the king sending as his messenger , one captain hern to the city , and the whole body of the city assembling at a common-hal , this hern desires faire play above board of them , but the busines being found to be a notable design of the malignant citizens against the parl. and the ( then ) lord maior of london , and the government of their city , the major part cry out in the hearing of hern , they would live and dye with the parl. and so sent hern away with a flea in his ear . a letter sent to all the freemen , journeymen , and apprentices of city , to assemble at their several hals ; and there the masters and wardens of all companies to read the kings letter to them , and to perswade them to yeeld to all the kings commands against the city . this letter was voted scandalous . a plot to betray bristol , but discovered , two principal conspirators were by martial law condemned and hanged . the of may , . ye crosse in cheapeside was pulled downe ▪ a troope of horse & companies of foote wayted to garde it & at ye fall of ye tope crosse dromes beat trupets blew & multitudes of capes wayre throwne in ye ayre & a greate shoute of people with ioy , ye of may the almanake sayeth was ye invention of the crosse , & day at night was the leaden popes burnt ▪ in the place where it stood with ringinge of bells , & a greate acclamation & no hurt done in all these actions . mr pryn sent to search canterburies chamber and study : found the original scotch service-book with his own hand-writing , the cause of all the scots wars . london to have been betrayed under a pretence of peace , by mr waller , a member of parl. mr tomkins , mr challenor , and others ; but waller fined . l. and perpetuall banishment ; tomkins and challenor hanged , the one at the exchange , and the other in holborn . sir john hotham attempted the betraying of hull unto the queen . an order sent down to the church-wardens , to demolish altars , to remove the communion table from the east end , and to take away all tapers , candlesticks , and basons ; and to demolish all crucifixes , crosses , and all pictures and images of the trinity and virgin mary , both within and without all churches and chappels . a plot for betraying of lincoln by the two purfries , but preserved . gloucester admirably freed by the city regiments . a rebellion by the kentish malignants about tunbridge . a ship bound from denmark to the king , of about tun , richly laden with arms and ammunition ; another ship bound from newcastle to holland , laden with sea-coale , but in the midst thereof was found between or l . hid in the coals , sent to buy arms for the king ; a third great ship called the fellowship , of at least tun , carrying peeces of ordnance , taken by the parliament . scotland with an army of at least horse and foot , invited thereunto by the parl. in the bitter depth of winter , when they marched up to the middle in snow , and were forced to bring their artillery over the ice of the frozen river of tyne ; and the citizens of london lent the parl. a . l. for the scots first pay , to encourage their advance to help us against the kings forces . may . . voted the queen pawning the jewels of the crown in holland , and therewith buying arms to assist the war against the parl. and her own actuall performances with her popish army in the north , was high treason , and transmitted to the lords . images , crucifixes , papistical books in somerset and jameses were burnt , and five capuchin friers sent away . may . an ordinance for the making of forts , trenches , and bulwarks about the city . july . . the assembly of divines met , dr twiss prolocutor , the total . the bishop of canterburies first prayer on the scaffold , jan. . . o eternal god , and mercifull father , look down upon me in mercy , in the riches and fulnesse of all thy mercies , look upon me , but not till thou hast nailed my sins to the crosse of christ : look upon me , but not till thou hast bathed me in the blood of christ , not till i have hid my selfe in the wounds of christ , that so the punishment that is due to my sins may passe away , and go over me , and since thou art pleased to try me to the uttermost , i humbly beseech thee , give me 〈◊〉 in this great instant , full patience , proportionable comfort , a heart ready to dye for thine honour , and the kings happinesse , and this churches preservation ; and my zeale to these , far from arrogancy be it spoken , is all the sin , humane frailty excepted , and all incidents thereunto , which is yet known of me in this particular , for which i now come to suffer . i say in this particular of treason , but otherwise my sins are many and great , lord pardon them all , and those especially whatsoeever they be , which have drawne this present judgement upon me , and when thou hast given me strength to bear it , then do with me as seems best in thine owne eyes , and carry me through death , that i may look upon it in what visage soever it shall appear to me ; and that there may be a stop of this issue of blood in this more then miserable kingdome ; i shall desire that i may pray for the people too , as well as for my self : o lord , i beseech thee give grace of repentance to all people that sr alexander carew , sr. iohn hotham , captin hotham & the arch bishop of canterbury , be headed on iowerhill for ireason against ye parliament . have a thirst for blood , but if they will not repent , then scatter their devices so , and such as are or shall be contrary to the glory of thy great name , the truth and sincerity of religion , the establishment of the king , and his posterity after him , in their just rights and priviledges , the honour and conservation of parl. in their ancient and just power , the preservation of this poor church in her turth , peace , and patrimony , and the settlement of this distracted and distressed people , under the ancient laws , and in their native liberties ; and when thou hast done all this in mercy for them , o lord fill their hearts with thank fulness , and with religious dutifull obedience to thee and thy commandements all their dayes : so amen , lord jesus , and i beseech thee receive my soul to mercy . our father , &c. the bishop of canterburies last prayer on the scaffold . lord i am comming as fast as i can , i know i must passe through the shadow of death before i can come to see thee , but it is but umbra mortis , a meer shadow of death , a little darknesse upon nature , but thou by thy merits and passion hast broke through the jaws of death ; so , lord receive my soul and have mercy on me , and blesse this kingdome with peace and plenty , and with brotherly love and charity , that there may not be this effusion of christian blood amongst them , for jesus christ his sake , if it be thy will . and when he said lord receive my soule , which was his signe , the executioner did his office . a design to starve the city , by breaking into surrey , sussex , kent , but disappointed by s. w. waller , with the help of the city regiments . the king granted a cessation of arms with the bloody rebels of ireland , but it was observed he never prospered after that . a solemn league and covenant taken by the lords and commons in parl. and by the city of london , and all parts of the kingdom , in the parl. power . nottingham town and castle to have been betrayed , but prevented by col. hutchinson . a ship from denmark of tuns laden for the most part with round-heads , they were halfe pike-staves , with a great knob at the end of it , full of iron spikes , sent to the king , and great treasure ; but that year the swedes fell into denmarke , and took away halfe his countrey from him , . a plot against the city of london , by sir basil brooke , col. read , mr ripley , and vilot , citizens of london , and others , but prevented . . two desperate plots for the betraying of ailsbury , and one against southampton , but all three prevented . mr edward stanford , plotted with cap. backhouse for the betraying of the city of gloucester , and proferred l . for a reward , l . whereof was paid to the said captain , but the plot was frustrated . our army in cornwall preserved , with the losse of our artillery . a peace pretended at vxbridge , and a treacherous petition framed by the malignants of buckingham-shire , wherein one sir john lawrence of that country was a great stickler , but frustrated . melcomb regis , to have been betrayed , wherein divers of the malignant townsmen had a principal hand , and col. goring , and sir lewis dives , were agents therein , the town and forts recovered , and two ships with rich prizes from rhoan in france were seized on to make amends for their trouble . the service-book voted downe . earls and lords from oxford , submitted themselves to the parl. the famous victory of naisby over the kings forces , prisoners taken . a jewel of l . sent to gen. leven by the parl. all the kings commissioners taken at shaftsbury . basing-house taken and burnt . a plot in the west against the parl. by the glubmen . a sudden p●ot upon scotland , which was almost over-run by montross , but as suddenly recovered again , by generall david lesley , and montross discomfied and beaten away into the mountaines . a treaty with the parl. for a well-grounded peace , and yet at that time the earl of glamorgan , had a commission to the ruine of all the protestants in ireland , and consequently in england also . the great seal broken before the lords and commons , on tuesday the of august , . the negative oath . i a. b. do swear from my heart , that i will not directly , nor indirectly adhere unto , or willingly assist the king in this war , or in this cause against the parl. and i do likewise swear that my comming and submitting my selfe under the power and protection of the parl ▪ is without any manner of designe whatsoever , to the prejudice of the proceedings of the two houses of this parl. and without the direction , privity , and advice of the king , or any of his councell , or officers , other then what i have now made known . so help me god , and the contents of this book . the king escapes out of oxford in a disguised maner ordered , that whosoever conceals the kings person , shall be a traytor . a letter concerning the kings coming to the scots army , may . . right honourable , the discharging of our selves of the duty we owe to the kingdom of engl : to you as commissioners from the same , moves us to acquaint you with the kings coming in to our army this morning , which having overtaken us unexpectedly , hath filled us with amazement , and made us like men that dream ; we cannot think that he could have been so unadvised in his resolutions , as to have cast himselfe on us , without a reall intention to give full satisfaction to both kingdoms , in all their just and reasonable demands , in all those things that concern religion and righteousnes ; whatsoever be his dispositions or resolutions , you may be assured , that we shall never entertain any thought , nor correspondency with any purpose , or countenance any indeavours that may in any circumstance incroach upon our league and covenant , or weaken the union or confidence betwixt the nations , that union to our kingdom was the matter of many prayers , and as nothing was more joyfull unto us then to have it set on foot , so hitherto have we thought nothing too dear to maintain it , and we trust to walk with such faithfullnesse and truth in this particular , that as we have the testimony of a good conscience within our selves , so you , and all the world shall see , that we mind your interest with as much integrity and care as our owne , being confident you will entertaine no other thought of us . signed may . . lothian . a remonstrance exhibited in the name of the lord major , aldermen , and common-councel of the city of london , to the high court of parl. that some strict and speedy course may be taken for the suppressing of all private and separate congregrations . that all anabaptists , brownists , hereticks , schismaticks , blasphemers , and all such sectaries as conforme not to the publick discipline established , or to be established by the parliament , may fully be declared against , and some effectuall course settled for proceeding against such persons . that as we are all subjects of one kingdome , so all may be equally required to yield obedience to the government either set , or to be set forth . that no person disaffected to the presbyterian government , set , or to be set forth by the parliament , may be imployed in any place of publick trust . the king gave speedy order to several officers for the surrender of the towns , castles , and forts , which then were in the hands of the kings commanders , viz. oxford , worcester , litch feild , and wallingford . a petition delivered to his excellency from the officers and souldiers in the army , touching their faithfulness in the parl. service , doing summer service in the winter season , &c. further presented severall desires of theirs . that an ordinance of indempnity with the royal assent be desired . that satisfaction may be given to the petitioners for their arrears , both in their former service , and in this army before it is disbanded . that those who have voluntarily served the parliament , may not be prest to serve in another kingdom , &c. that those who have lost lives , limbs , or estates , may be provided for , and relieved . . the apology in answer to his excellencies letter , relating their sense of a second storm hanging over their heads , by the malice of a secret enemy , worse then the former now vanquished , expressing their sorrow that they cannot desire their owne security without hazard to his excellency , &c. concerning the abuse to divers well-affected to the army by imprisonment , to the ruine of their estates , and losse of their lives . and for their candid intentions and endeavours declared no less then troublers , and enemies to the state and kingdom , resolving rather to dye like men , then to be enslaved and hanged like dogs , &c. a letter from his excellency to the earl of manchester , concerning the votes of both houses , as also his grief of heart for the distractions between the parliament and army , desiring that all things may be determined in love , &c. that the souldiers of holdenby , with the kings consent , brought him away from thence , &c. that his majesty was unwilling to return back again to holdenby , &c. and that the removall of his majesty from holdenby , was no designe , knowledge , or privity on his part , &c. a particular charge against the members impeached by the army . that mr denzil hollis being one of the speciall commissioners for the parl. to present propositions to the king at oxford , made private addresses to the kings party then in arms against the parl. and did secretly plot and advise them against the parl. &c. that the said mr. denzil hollis , and sir phillip stapleton , during the late war , when the earl of lindsey went from the tower to oxford , sent severall messages of intelligence to the earl of dorset , &c. that the said mr hollis , sir phillip stapleton , sir wil. lewis , sir john clotworthy , sir wil. waller , sir john maynard , maj. gen. massie , mr glyn , mr long , col. edward harley , and anthony nicholas , in the months of march , april , may , and june last , in prosecution of their evil designs , met in divers places with persons disaffected to the state , for holding correspondency with the queen of england now in france , and incouraged her party there . and indeavoured to bring in forraign forces , and listed divers commanders and souldiers there , to raise and leavy a new war . and affronted divers petitioners that came in a peaceable manner , boysterously assaulting them , &c. imprisoned some members of the army , and to dis-oblige the army from the parl. the solemn engagement of the citizens , commanders , officers , and souldiers , &c. this was the treasonable ingagement . we do solemnly engage our selves , and vow unto almighty god , that we will to the utmost of our power , cordially endeavour that his majesty may speedily come to his houses of parliament , with honour , safety , and freedome , and that without the nearer approach of the army , there to confirme such things as he hath granted the twelfth of may last , in answer to the propositions of both kingdomes , and that with a personall treaty with his two houses of parliament , and the commissioners of scotland , such things as are yet in difference may be speedily setled , and a firme and lasting peace established . the army marching towards the city , orders were given to the trained bands to go to the works . the auxilaries are raised to defend the city . a proclamation by beat of drum for all that are able to bear arms , and are not listed to come to receive them . the house of commons , and the lords likewise , met according to the order of adjournment , july . but neither of the speakers . at length they proceeded to a new election , and voted mr pelham a counsellour , and member of the commons house , speaker pro tempore . the lords made choice of the lord grey to be speaker of their house pro tempore . the sergeant at arms being absent with the mace when the commons chose their speaker , had the city mace , and chose mr norfolk sergeant at arms . after which , proceeding to debate the great affairs to ching the city and kingdom , they voted as followes : tha the king come to london . that the militia of the city shall have full power to raise what forces they shall think fit to the same . that they may make choyce of a commander in chief to be approved of by the house , and such commander to present other officers to be approved of by the militia . the common-councell made choice of major generall massey to command in chief all the city forces . ordered by the militia that all reformadoes and other officers should the next day at two of the clock be listed in st. jamses fields , where was a great appearance . order given for staying of horses in the city , and many listed . most of the eleven members sat in the house , and in the afternoon m. gen. massey , sir william waller , and col. gen. poyntz , were at list●ng the reformadoes . declaration of the lord maior , aldermen , and common councel . a brief of which that his majesty was surprised at holmby , and no place for his majesties residence allowed by the army nearer then their quarters ; therefore to sattle peace , and establish true religion , ease the kingdomes burden , establish his majesties just rights , maintaine the parl ▪ priviledges , and relieve bleeding ireland , they profess the main●… their enterprise , &c. a petition in the names of many thousands wel-affected citizens for some way of composure , &c. at which time col. gen. poyniz and other officers of the new list , attending for their orders upon the militia , came into guild-hall-yard , and most cruelly h●ckt and hew'd many of the aforesaid petitioners , divers whereof were mortally wound●d , whereof some since dyed . lord say , lord magresie , other lords , with many of the house of commons , came to the head quarters , desiring the generals protection . six aldermen and twelve common-councel men sent with a letter to the general , declaring their unwillingnesse to a new war . a letter from southwarke , relating their withstanding the design of raising a new war , desiring protection , massey sends scouts , but neer brainford thirty chased by ten , and took four of massies . col. rainsborough , col. hewson , col. pride , and col. thistlwet , marched into southwarke ; the fort yielded without opposition . the members forced away returne . the houses being sat with their old speakers , thomas lord fairfax , made high constable of the tower . his excellency marches through the city from until at night . a letter from lieu. gen. cromwel , that his majesty had withdrawne himself at the last night , having left his cloak and some letters . his majesties last letter , hampton-court , nov. . . liberty being that which in all times hath been , but especially now is the condition , the aim and desire of all men , common reason shews that kings lesse then any should endure captivity ; yet i call god to witnes with what patience i have endured a tedious restraint , which so long as i had any hopes that this sort of my suffering might conduce to the peace of these kingdoms , or the hindring of more effusion of blood , i did willingly undergo , but now finding by too certaine proofs , that this my continued patience would not only turne to my personal ruine , but likewise be of much more prejudice to the furtherance of the publique good , i thought i was bound as well by natural as political obligations , to seek my safety , by retiring my self for some time from publique view both of my friends and enemies , and i appeal to all indifferent men to judge , if i have not cause to free my selfe from the hands of those who change their principles with their condition , and who are not ashamed , openly to intend the destruction of the nobility , by taking away their negative voyce , and with whom the levellers doctrine is rather countenanced then punished ; and as for their intentions to my person , their changing and putting more strict guards upon me , with the discharging most of all the servants of mine , who formerly they admitted to wait upon me , do sufficiently declare : nor would i have this my retirement mis-interpreted , for i shall earnestly and uncessantly endeavour the setling of a safe and well-grounded peace , where ever i am or shall be , and that ( as much as may be ) without the effusion of more christian blood , for which how many times have i prest to be heard , and yet no ear given to me ; and can any reasonable man think ( according to the ordinary course of affairs , there can be a setled peace without it , or that god will bless those that refuse to hear their own king ? surely no ; i must further add that ( besides what concerns my self ) unless all other chief interests have not only a hearing , but likewise just satisfaction given to them ( to wit , the presbyterians , independents , army , those who have adhered to me , and even the scots ) i say there cannot ( i speak not of miracles , it being in my opinion a sinful presumption in such cases to expect or trust to them ) be a safe and lasting peace : now as i cannot deny but that my personal security is the urgent cause of this my retirement , so i take god to witness , the publique peace is no lesse before mine eyes , and i can find no better way to expresse this my profession ( i know not what a wiser man may do ) then by desiring and urging that all chief interests may be heard , to the end each may have just satisfaction ; as for example , the army ( for the rest , though necessary , yet i suppose are not difficult to consent ) ought ( in my judgement ) to enjoy the liberty of their conscience , and have an act of oblivion or indempnity ( which should extend to the rest of all my subjects ) and that all their arrears should be speedily and duly paid , which i will undertake to do , so i may be heard , and that i be not hindred from using such lawful and honest means as i shall chuse . to conclude , let me be heard with freedom , honour , and safety , and i shall instantly break through this cloud of retirement , and shall shew my self to be pater patriae , c. r. a great tumult , insurrection , and mutiny in london , breaking open divers houses , and magazines of arms and ammunition , breaking open divers houses , seizing on the drums , gates , chains , and watches of the city , assaulted and shot into the l. maiors house , and killed one of his guard , &c. . may . surrey petitioners came to westminster , and made a great shout , and cryed , hey for king charls ; we will pull the members out by the ear●s . disarmed two sentinels , knockt them down , one sentinell refusing to be disarmed , the petitioners got within his arms , one of them drew his sword and run him through , and the petitioners drew their swords on the troopers , and said , fall on for king charls , now or never ; but a party of foot did take some : of the petitioners were slain four or five , of the souldiers two . the old l. goring proclaimed general at the head of the kentish army upon the hill neer alisford , consisted of besides those in maidstone , there were neer slain , and about prisoners , many of them taken in the woods , hop-yards , and fields ; also gentlemen of good quality , there were about horse , arms , foot colours , and pieces of canon , with store of ammunition taken : their word at the engagement was king and kent , ours truth : they being routed marched over rochester bridge towards black-heath , with about horse and foot , most cavaliers prentises and watermen , and fled over the water into essex , by woollidge and greenwich . the duke of buckingham , l. francis , e. of holland , l. andrew , l. cambden , and others , rose in surrey , and made proclamation that they expected the parl. would have setled the kingdom , but because they have not , they would fetch the king , and live and dye with him to settle it . july . . was the surrender of pembroke castle . the scots army of . invaded england duke — hambletons standard had motto date cesari , foot standard for covenant , religion , king and kingdomes ; riseing in kent , revosting of the navie , redusing colchester , and quelling the insurection in pembroke shire — all in : the scots entring the kingdom , july . . maj. gen. lambert sent this letter to duke hammilton . my lord , having received information that some forces of horse and foot are marched out of scotland into this kingdome , under your excellencies command , i have sent this bearer unto you , desiring to know the truth and intent thereof , and whether they are come in opposition to the forces in these parts , raised by the authority of the parl. of england , and now in prosecution of their commands , i desire your lordships speedy answer , and rest your excellencies humble servant , j. lambert . duke hammiltons answer . noble sir , i received yours of the of this instant , in answer whereunto i shall only say , the informa●ion you received is true , for according to the commands of the committee of estates of the parl. of scotland , there are forces both of horse and foot come into this kingdome , under my conduct for prosecution of the ends mentioned in my letter of the . to which i refer you , intending to oppose any that are or shall be in arms for the obstructing those pious , loyal , and just ends , and so remain hambleton . the town of colchester delivered up , sir charls lucas , and sir geo : lisle shot to death . l. col. lilburn revolted at newcastle , declared for the king , sir arthur has●erigge storm'd the castle , lilburns head was set upon a pole . june . the l. of warwick went to portsmouth , to bring into obedience the mutinous sea-men ; there was with the l. of warwicke , the phoenix , mary , rose , robert , nonesuch , lilly , lyon , bonadventure , antilope , swift-sure , hector , and fellowship . a short abridgement of the engagement made by the common councell , commanders , souldiers , and commission officers in london . we decla●e to ingage as much as in us l●es , to defend the king and parl ▪ from all violence , and to the end we may be inabled to perform the same , we humbly offer , that the forces in the line may be one entire militia , and no forces may be raised , but by authority of the said militia , by consent of the common councel , we desire no forces in arms might come within thirty miles of london , during the treaty , and for those within , what persons soever shall make any tumu't , shall be put to death . ordered , that the common councel men and commanders shall within their severall precincts goe from house to house , to receive concurrence to the said ingagement . decemb. . the house having notice of the kings carrying to hurst cast●e , voted , that the seizing his person was without their advice or consent . dec. . the house voted , that his majesties concessions to their proposals , was ground sufficient to settle the peace of the kingdome . dec. . col. rich , and col. prides reg. guarded the parl. and seized some members . maj. gen. brown sheriff of london , was apprehended , decemb. . dec . the house voted , that the lords and commons , declare they will make no further addresses to the king , nor none shall be by any person whatsoever without leave of he parl. and if any make breach of this order , they shall incur the penalty of high treason , and that they will receive no more any message from the king , to both or either houses of parl. an ordinance sent to the lords for the triall of the king , but they rejected the commission , and adjourned dayes , after that they never sate more . ●er . d●n●y serj. at arms to the commissioners , rode into westminster - hall , with the mace belonging to the house of commons on his shoulder , and some officers attending him all bare , and six trumpeters on horseback , a guard of horse and foot attending in the pallace yard , and proclamation was made , all that had any thing for matter of fact against charls stuart , king of england , to bring it in to the commissioners . jan. . . that this present seale of england should be broken in pieces , and a new one forthwith made , and ordered that the arms of england and ireland , should be ingra●en on the one side , on the other side a map of the parl. with these words in it , the first yeare of freedome by gods blessing restored , . the charge of the commons of england , against charls stuart king of england . that the said ch stuart being admitted king of england , and therein trusted with a limitted power , to govern by , and according to the lawes of the l●nd , and not otherwise ; and by his truth , oath , and office , being obliged to use the power committed to him , for the good and benefit of the people , and for the preservation of their rights and liberties ; yet nevertheless out of a wicked design , to erect and uphold in himselfe an unlimited and tyrannical power , to rule , according to his will ; and to overthrow the rights and liberties of the people ; yea , to take away , and make void the foundations thereof , and of all redresse , and remedy of mis-government , which by the fundamentall constitutions of this kingdome , were reserved on the peoples behalfe , in the right and power of frequent and successive parl. or nationall meetings in councels ; he , the sad ch. stuart , for the accomplishment of such his designes , and for the protecting of himselfe and his adherents , in his and their wicked practises to the same ends , hath traiterously and maliciously levyed war against the present parl. and the people therein represented . particularly , upon or about the day of june , in the year of our lord , . at beverley in the county of york , and upon or about the day of july , in the yeare aforesaid , in the county of the city of york ; and upon , or about the day of august , in the same year at the county of the town of nottingham ( when and where he sat up his standard of war ; ) and also on , or about the day of october , in the same year , at edge hill , and keintonfield , in the county of warwick ; and upon , or about the day of nov. in the same year , at brainford in the county of middlesex ; and upon or about the day of august , in the year of our lord , . at cavesham bridge neer redding in the county of berks ; and upon , or about the day of octob. in the yeare last mentioned , at or near the city of gloucester ; and upon or about the day of nov. in the year last mentioned , at newberry in the county of berks ; and upon , or about the day of july , in the year of our lord . at cropredy bridge in the county of oxon ; and upon , or about the day of sep. in the year last mentioned , at bodmin , and other places neer adjacent , in the county of cornwall ; and upon about the day of nov. in the year last mentioned , at newbery aforesaid ; and upon or about the day of june , in the year of our lord , . at the town of leicester ; a●d also upon the day of the same moneth , in the same year , at naseby field , in the county of northampton . at which severall times and places , or most of them , and at many other places in this land , at severall other times , within the years afore mentioned . and in the year of our lord , . he the said ch. stuart , hath caused and procured many thousands of the free people of the nation to be slain ; and by divisions , parties , and insurrections within this land , by invasion : from forreign parts , endeavoured and procured by him , and by many other evill wayes andmeans , he the said c. stuart , hath not only maintained and carried on the said war , both by land and sea , during the years before mentioned ; but also hath renewed , or caused to be renewed the said war against the parliament , and good people of this nation , in this present year , in the counties of kent , essex , surrey , sussex , middlesex , and many other countries and places in england and wales , and also by sea ; and particularly , he the said ch. stuart hath for that purpose given commissions to his son the prince and others ; whereby , besides multitudes of other persons , many such , as were by the parl. intrusted and imployed for the nation , being by him or his agents , corrupted to the betraying of their trust , and revolting from the parl. have had entertainment and commission for the continuing and renewing of war and hostility against the said parl. and people , as aforesaid . by which cruel and unnatural wars by him the said charls stuart , continued and renewed as aforesaid , much innocent blood of the free-people of this nation hath been spilt ; many families have been undone , the publike treasury wasted and exhausted , trade obstructed , and miserably decayed ; vast expence and damage to the nation incurred , and many parts of the land spoiled , some of them even to desolation . and for farther prosecution of his said evill designes , he , the said ch : stuart , doth still continue his commission to the said prince , and other rebels and revolters , both english and forreigners , and to the e. of ormond , and to the irish rebels and revolters associated with him , from whom further invasions are threatned , upon the procurement , and on the behalfe of the said charls stuart . all which wicked designes , wars , and evil practises of him the said charls stuart , have been and are carried on , for the advancing and upholding of the personall interest of will and power , and pretended prerogative to himself and his family against the publique interest , common right , liberty , justice , and peace of the people of this nation , by , and for whom he was entrusted as aforesaid . by all which it appeareth , that he , the said ch : stuart hath been , and is the occasioner , author , and contriver of the said unnaturall , cruell , and bloody wars ; and therein guilty of all the treasons , murthers , rapines , burnings , desolations , damage , and mischief to this nation , acted or committed in the said wars , or occasioned thereby . and the said iohn cook , by protestation ( save on the behalf of the people of england , the liberty of exhibiting at any time hereafter , any other charge against the said ch : stuart , and also of replying to the answers which the said ch. stuart shall make to the premises , or any charge that shall be so exhibited ) doth , for the said treasons and crimes , on the behalf of the said people of england , impeach the said ch : stuart as a tyrant , traytor , murtherer , and a publick and implacable enemy to the common-wealth of england ; and pray , that the said ch stuart king of england , may be put to answer all and every the premisses ; that such proceedings , examinations , tryals , sentence , and judgement , may be thereupon had , as shall be agreeable to justice . the kings last speech made upon the scaffold . king . i shall be very little heard of any body here , i shall therefore speak a word unto you here ; indeed i could hold my peace very well if i did not think that holding my peace would make some men think that i did submit to the guilt , as well as to the punishment ; but i think it is my duty to god first , and to my country , for to clear my self both as an honest man and a good christian ; i shall begin first with my innocency , in troth i think it not very needfull for me to insist long upon this , for all the wo●ld knowes i never did begin a war with the two houses of parliament , and i call god to witnesse , to whom i must shortly make an account , that i never did interd for to incroach upon their priviledges , they began upon me , it is the militia they began upon , they confest that the militia was mine , but they thought it fit for to have it from me ; and to be short , if any body will look to the dates of commissions , of their commissions and mine , and likewise to the declarations , will see clearly that they began these unhappy troubles , not i ; so that as for the guilt of these enormous crimes that are laid against me , i hope in god that god will clear me of it , i will not , i am in charity ; god forbid that i should lay it upon the two houses of parliament , there is no necessity of either , i hope they are free of this guilt ; for i doe believe that ill instruments between them and me , ha's been the cause of all this blood shed ; so that by way of speaking , as i find my self , clear of this , i hope ( and pray god ) that they may too : yet for all this , god forbid that i should be so ill a christian , as not to say that gods judgements are just upon me : many times he does pay justice by an unjust sentence , that is ordinary ; i will onely say this , that an unjust sentence that i suffered to take effect , is punished now by an unjust sentence upon me ; that is , so far i have said , to shew you that i am an innocent man . now for to shew you that i am a good christian , i hope there is a good man ( pointing to dr iuckson ) that will bear me witnesse , that i have forgiven all the world ; and those in particular that have been the chief causers of my death ; who they are god knows , i do not desire to know , i pray god forgive them . but this is not all , my charity must go farther , i wish that they may repent , for indeed they have committed a great sin in that particular , i pray god with st stephen , that this be not laid to their charge ; nay , not onely so , but that they may take the right way to the peace of the kingdome : so ( sirs ) i do wish with all my soule , and i do hope ( there is some here will carry it further ) that they may endeavour the peace of the kingdom . now ( sirs ) i must shew you how you are out of the way , and will put you in a way ; first , you are out of the way , for certainly all the way you ever have had yet as i could find by any thing , is in the way of conquest ; certainly this is in an ill way , for conquest ( sir ) in my opinion is never just , except there be a good just cause , either for matter of wrong , or just title , and then if you go beyond it , that makes it unjust at the end that was just at first : but if it be only matter of conquest , then it is a great robbery ; as a pirate said to alexander , that he was the great robber , he was but a petty robber ; and so , sirs , i do think the way that you are in , is much out of the way . now sir , for to put you in the way , beleive it you will never doe right , nor god will never prosper you , untill you give god his due , the king his due , ( that is , my successors ) and the people their due ; i am as much for them as any of you : you must give god his due , by regulating rightly his church ( according to his scriptures ) which is now out of order : for to set you in a way particularly now i cannot , but onely this , a nationall synod freely called , freely debating among themselves , must settle this ; when that every opinion is freely and clearly heard . for the king indeed i will not , the lawes of the land will clearly instruct you for that ; therefore , because it concerns my own particular , i only give you a touch of it . for the people , and truly i desire their liberty and freedome , as much as any body whomsoever ; but i must tell you , that their liberty and their freedome , consists in having of government ; those lawes , by which their life and their goods may be most their owne . it is not for having share in government ( sir ) that is nothing pertaining to them . a subject and a soveraign , are clean different things ; and therefore untill they do that , i mean , that you do put the people in that liberty as i say , certainly they will never enjoy themselves . sirs , it was for this that now i am come here : if i would have given way to an arbitrary way , for to have all lawes changed according to the power of the sword , i needed not to have come here ; and therefore i tell you ( and i pray god it be not laid to your charge ) that i am the martyr of the people . introth sirs , i shall not trouble you much longer ; for i will onely say this to you , that intruth , i could have desired some little time longer , because that i would have put this that i have said in a little more order , and a little better digested then i have done , and therefore i hope you will excuse me . i have delivered my conscience , i pray god , that you do take those courses that are best for the good of the kingdom , and your own salvation . the bishop of london minding him to say something concerning his religion . king . i thank you very heartily ( my lord ) for that , i had almost forgotten it introth sirs , my conscience in religion , i think , is very well known to all the world ; and therefore i declare before you all , that i die a christian , according to the profession of the church of england , as i found it left me by my father ; and this honest man i think will witnesse it ▪ then turning to the officers said , sirs , excuse me for this same , i have a good cause , and i have a gracious god ; i will say no more . then turning to col hacker he said , take care that they do not put me to pain , and sir , this and it please you . but then a gentleman coming neer the ax , the king said , take heed of the ax ▪ pray take heed of the ax then the king speaking to the executioner , said , i shall say but very short prayers , and when i thrust out my hands — then the king called to d iuxon for his night cap , and having put it on , he said to the executioner , does my heire trouble you , who desired him to put it all under his cap , which the king did accordingly , by the help of the executioner and the bishop , then the king turning to dr iuxon , said , i have a good cause , and a gracious god on my side . dr iuxon . there is but one stage more , this stage is turbulent and troublesome , it is a short one , but you may consider it will soon carry you a very great way , it will carry you from earth to heaven , and there you shall find a great deal of cordiall joy and comsort . king i go from a corruptible to an incorruptible crown , where no disturbance can be . doct. you are exchanged from a temporall to an eternall crown , a good exchange . then the king took off his cloak and his george , giving his george to dr iuxon , saying , remember ; 't is thought for the prince , and some other small ceremonies past , after which , the king stooping down , laid his neck upon the block , after a very little pause , st●etched forth his hands , the executioner at one blow severed his head from his body , his body was put in a coffin , covered with black velvet , and removed to his lodging chamber at white hall . an act prohibiting the proclaiming of any person to be king of england , &c. whereas charls stuart king of england , being for the notorious treasons , tyrannies , and murthers , committed by him in the late unnaturall and cruell wars condemned to death ; whereupon , after execution of the same , severall pretences may be made , and title set on scot unto the kingly office , to the apparent hazzard of the publique peace . for the prevention thereof , be it enacted and ordained by this present parliament , and by the authority of the same , that no person or persons whatsoever doe presume to proclaime , declare , publish , or any way promote charls stuart , son of the said charls , commonly called prince of wales , or any other person to be king or chief magistrate of england , or of ireland , or of any the dominions belonging to them , or any of them ▪ by colour of inheritance , succession , election , or any other claim whatsoever , without the free consent of the people in parliament first had , and signified by a particular act or ordinance for that purpose , any statute , law , usage or custome to the contrary notwithstanding . and be it further enacted and ordained and it is hereby enacted and ordained , that whatsoever shall contrary to this act , proclaim , declare , publish , or any way promote the said charls stuart the son , or any other person to be king ▪ or chiefe magistrate of england , or of ireland , or of any the dominions belonging to them , or to either of them , without the said consent in parliament signified as aforesaid shall be deemed and adjudged a traytor to the common-wealth , and shall suffer the pains of death , and such other punishments as belong to the crime of high treason and all officers , as well civil as military , and all other well affected persons , are hereby authorized and required forthwith to apprehend all such offenders , and to bring them in safe custody to the next iustice of the peace , that they be proceeded against accordingly . h. scobel cler. parl. d com. imprimatur theodore iennings . the severall speeches of duke hamilton earl of cambridge , henry earl of holland , and arthur lord capel . spoken upon the scaffold immediately before their execution , on friday the ninth of march , . i think it is truly not very necessary for me to speak much , there are many gentlemen and souldiers there that see me , but my voice truely is so weake , so low , that they connot heare me , neither truly was i ever at any time so much in love with speaking , or with any thing i had to expresse , that i tooke delight in it ; yet this being the last time that i am to doe so , by a divine providence of almighty god , who hath brought me to this end justly for my sins ; i shall to you sir , master sheriffe , declare thus much , as to the matter that i am now to suffer for , which is as being a traytor to the kingdome of england : truly sir , it was a country that i equally loved with my owne , i made no difference , i never intended either the generality of its prejudice , or any particular mans in it ; what i did was by the command of the parliament of the country where i was borne , whose command i could not disobey , without running into the same hazard there , of that condition that i now am in . it pleased god so to dispose that army under my command , as it was ruined ; and i , as their generall , cloathed with a commission , stand here , now ready to dye ; i shall not trouble you with repeating of my plea , what i said in my owne defence at the court of jvstice , my selfe being satisfied with the commands that is laid upon me , and they satisfied with the justness of their procedure , according to the laws of this land . god is just , and howsoever i shall not say any thing as to the matter of the sentence , but that i doe willingly submit to his divine providence , and acknowledge that very many wayes i deserve even a worldly punishment , as well as hereafter , for we are all sinfull , sir , and i a great one ; yet for my comfort , i know there is a god in heaven that is exceeding mercifull ; i know my redeemer fits at his right hand , and am confident ( clapping his hand on his breast ) is mediating for me at this instant , i am hopefull through his free grace and all-sufficient merits , to be pardoned of my sins , and to be received into his mercy , upon that i rely , trusting to nothing but the free grace of god through jesus christ , i have not been tainted in my religion i thank god for it ▪ since my infancy it hath been such as hath been profest in the land , and established , and now it is not this religion , or that religion , nor this or that fancie of men that is to be built upon , it is but one that 's right , one that 's sure , and that comes from god , sir , and in the free grace of our saviour . sir , there is truly somewhat that ( he then observing the writers said , ) had i thought my speech would have been thus taken , i would have digested it into some better method then now i can , and shall desire these gentlemen that doe write it , that they will not wrong me in it , and that it may not in this manner be published to my disadvantage , for truly i did not intend to have spoken thus when i came here . there are , sirs , terrible aspersions that has been laid upon my self ; truly such as , i thank god , i am very free from ; as if my actions and intentions had not been such as they were pretended for ; but that notwithstanding what i pretended it was for the king , there was nothing lesse intended then to serve him in it . i was bred with him for many years , i was his domestique servant , and there was nothing declar'd by the parliament that was not really intended by me ; and truly , in it i ventured my life one way , and now i lose it another way : and that was one of the ends , as to the king ; i speake onely of that , because the rest has many particulars ; and to clear my self from so horrid an aspersion as is laid upon me : neither was there any other designe known to me by the in coming of that army , then what is really in the declaration published . his person , i doe professe , i had reason to love , as he was my king , and as he had been my master : it hath pleased god now to dispose of him , so as it cannot be thought flattery to have said this , or any end in me for the saying of it , but to free my self from that calumny which lay upon me : i cannot gain by it , yet truth is that which we shall gaine by for ever . there hath been much spoken , sir , of an invitation into this kingdome : it 's mentioned in that declaration , and truly to that i did and doe remit my self : and i have been very much laboured for discoveries of these inviters , 't is no time to dissemble , how willing i was to have served this nation in any thing that was in my power , is known to very many honest , pious and religious men ; and how ready i would have been to have done what i could to have served them , if it had pleased them to have preserved my life , in whose hands there was a power : they have not thought it fit , and so i am become unusefull in that which willingly i would have done . as i said at first ( sir ) so i say now concerning that point ; i wish the kingdome happiness , i wish it peace ; and truly sir , i wish that this bloud of mine may be the last that is drawn : and howsoever i may perhaps have some reluctancie with my self as to the matter of my suffering , for my fact , yet i freely forgive all ; sir , i carry no ranc●●… along with me to my grave : his will be done that has created both 〈◊〉 and earth , and me a poor miserable sinfull creature now speaking before 〈◊〉 〈◊〉 ▪ for me to speak , sir , to you of state-businesse , and the government of 〈◊〉 〈◊〉 kingdome , or my opinion in that , or for any thing in that nature , truly it is 〈◊〉 no end , it contributes nothing : my owne inclination hath been to peace , from the beginning ; and it is known to many , that i never was an ill instrument betwixt the king and his people ; i never acted to the prejudice of the parliament ; i bore no arms , i medled not with it ; i was not wanting by my prayers to god almighty for the happinesse of the king ; and truly i shall pray still , that god may so direct him as that may be done which shall tend to his glory , and the peace and happinesse of the kingdome . for my religion , that which i said was the established religion , and that which i have practised in my owne kingdome where i was borne and bred ; my tenets they need not to be exprest , they are known to all , and i am not of a rigid opinion ; many godly men there are that may have scruples which do not concerne me at all at no time ; they may differ in opinion , and more now then at any time ; differing in opinion does not move me ( nor any mans ) my owne is clear : sir , the lord forgive me my sinnes , and i forgive freely all those that even i might as a worldly man , have the greatest animosity against ; wee are bidden to forgive ; sir , t is a command laid upon us ( and there mentioned ) forgive us our trespasses , as we forgive them that trespasse against us . then the earl turning to the executioner , said , shall i put on another cap , must this hair be turn'd up from my neck , there are three of my servants to give satisfaction ; he also asked him which way he would have him lye . the executioner pointing to the front of the scaffold , the earl replyed , what , my head this way ? after a little discourse in private with some of his servants , he kneeled downe by the side of the scaffold and prayed a while to himself . then with a cheerfull and smiling countenance , ( embracing dr. sibbalds , ) he said , truly sir , i doe take you in mine arms , and truly i blesse god for it , i do not fear , i have an assurance that is grounded here ( laying his hand upon his heart ) now that gives me more true joy then ever i had , i passe out of a miserable world to go into an eternall and glorious kingdom ; and sir , though i have bin a most sinfull creature , yet gods mercy i know is infinite , and i blesse my god for it , i go with so clear a conscience , that i know not the man that i have personally injured . then imbracing those his servants which were there present , said to each of them , you have been very faithfull to me and the lord blesse you . and so turning himselfe to the executioner , he said , i shall say a very short prayer unto my god , while i lye downe there ; and when i stretch out my hand , ( my right hand ) then sir , do your duty ; and i doe freely forgive you , and so i doe all the world . then the e. of cambridge said to the executioner , must i lye all along ? he answered , yes , and 't please your lordship . then he said , when i stretch out my hands — but i will fit my head , first tell me if i be right , and how you would have me lye . and being told he must lye a little lower ; he said : well , stay then till i give you the signe . and so having laine a short space devoutly praying to himselfe , he stretch'd out his right hand , whereupon the executioner at one blow severed his head from his body , which was received by two of his servants then kneeling by him , into a crimson taffery scarfe , and that with the body immediately put into a coffin brought upon the scaffold for that purpose : and from thence conveyed to the house that was sir john hamiltons at the mews , where it now remains . dk. hambleton , e : of cambridg , e : of holland , and lord capell be headed mar : . and their speeches on the scaffold the speech of the earl of holland upon the scaffold . it is to no purpose ( i thinke ) to speake any thing here , which way must i speak ? and then being directed to the front of the scaffold , he ( leaning over the raile . ) said , i thinke it is fit to say something , since god hath called me to this place . the first thing which i must professe , is , what concerns my religion , and my breeding , which hath been in a good family , that hath been ever faithfull to the true protestant religion , in the which i have been bred , in the which i have lived , and in the which by gods grace and mercy i shall dye . i have not lived according to that education i had in that family where i was borne and bred : i hope god will forgive me my sins , since i conceive that it is very much his pleasure to bring me to this place for the sins that i have committed . the cause that hath brought me hither , i beleive by many hath been much mistaken , they have conceived that i have had ill designs to the state , and to the kingdom : truly i look upon it as a judgement , and a just judgement of god ; not but i have offended so much the state and the kingdome , and the parliament , as that i have had an extream vanity in serving them very extraordinarily . for those actions that i have done , i think it is knowne they have been ever very faithfull to the publique , and very particularly to parliaments , my affections have been ever exprest truly and clearly to them . the dispositions of affairs now have put things in another posture then they were when i was ingaged with the parliament : i have never gone off from those principles that ever i have professed : i have lived in them , and by gods grace wi●l dye in them ▪ there may be alterations and changes that may carry them further then i thought reasonable , and there i left them : but there hath been nothing that i have said , or done , or professed either by covenant , or declaration , which hath not bin very constant , and very clear upon the principles that i ever have gone upon , which was to serve the king the parliament , religion ( i should have said in the first place ) the common-wealth , and to seek the peace of the kingdome : that made me thinke it no improper time , being prest out by accidents and circumstances , to seek the peace of the kingdome , which i thought was proper , since there was something then in agitation , but nothing agreed on for sending propositions to the king ; that was the furthest aime that i had , and truly beyond that i had no intention , none at all ▪ and god be praised , although my blood comes to be shed here , there was i think scarcely a drop of blood shed in that action that i was ingaged in . for the present affairs , as they are , i cannot tell how to judge of them : and truly they are in such a condition , as ( i conceive ) no body can make a judgement of them : and therefore i must make use of my prayers , rather then of my opinion , which are , that god would blesse this kingdome , this nation , this state ; that he would settle it in a way agreeable to what this kingdome hath been happily governed under ; by a king , by the lords , by the commons , a government that ( i conceive ) it hath flourished much under , and i pray god the change of it bring not rather a prejudice , a disorder , and a confusion then the contrary . i look upon the posterity of the king ▪ and truly my conscience directs me to it , to desire , that if god be pleased that these people may look upon them with that affection that they owe , that they may be called in again , and they may be , not through blood , nor through disorder , admitted again into that power , and to that glory that god hath in their birth intended to them i shall pray with all my soul for the happinesse of this state , of this nation , that the blood which is here spilt , may be even the last which may fall among us , and truly i should lay down my life with as much cheerfulnesse as ever person did , if i conceived that there would no more blood follow us ; for a state , or affairs that are built upon blood , is a foundation for the most part that doth not prosper . after the blessing that i give to the nation , to the kingdom , and truly to the parliament , i doe wish with all my heart , happinesse , and a blessing to all those that have been authors in this businesse ; and truly that have been authors in this very work that bringeth us hither : i doe not only forgive them , but i pray heartily and really for them ; as god will forgive my sins , so i desire god may forgive them . i have a particular relation , as i am chancellor of cambridge , and truly i must here , since it is the last of my prayers , pray to god that that university may goe on in that happy way which it is in , that god may make it a nursery to plant those persons that may be distributed to the kingdome , that the souls of the people may receive a great benefit , and a great advantage by them , and ( i hope ) god will reward them for their kindnesse , and their affections that i have found from them . ( looking towards mr. bolton ) i have said what religion i have been bred in , what religion i have been born in , what religion i have practised ; i began with it , and i must end with it . i told you that my actions and my life have not been agreeable to my breeding , i have told you likewise that the family where i was bred hath been an exemplary family ( i may say so i hope without vanity ) of much affection to religion , and of much faithfulnesse to this kingdom , and to this state . i have endeavoured to doe those actions that have become an honest man , and which became a good englishman , and which became a good christian . i have been willing to oblige those that have been in trouble , those that have been in persecution , and truly i find a great reward of it , for i have found their prayers and their kindnesse now in this distresse , and in this condition i am in , and i thinke it a great reward , and i pray god reward them for it . i am a great sinner , and i hope god will be pleased to hear my prayers , to give me faith to trust in him , that as he hath called me to death at this place , he will make it but a passage to an eternall life through jesus christ , which i trust to ; which i rely upon , and which i expect by the mercy of god . and so i pray god blesse you all , and send that you may see this to be the last execution , and the last blood that is likely to be spilt among you . and then turning to the side raile , he prayed for a god space of time . god hath given me ( speaking to m. bolton ) long time in this world ; he hath carryed me through many great accidents of fortune ; hee hath at last brought me down into a condition , where i find my self brought to an end , for a dis-affection to this state , to this parliament , ( that as i said before ) i did believe no body in the world more unlikely to have expected to suffer for that cause . i look upon it as a great judgement of god for my sins . and truly sir , since that the death is violent , i am the lesse troubled with it , because of those violent deaths that i have seen before ; principally my saviour that hath shewed us the way , how and in what manner he hath done it , and for what cause , i am the more comforted , i am the more rejoyced . it is not long since the king my master passed in the same manner ; and truely i hope that his purposes and intentions were such , as a man may not be ashamed not onely to follow him in the way that was taken with him , but likewise not ashamed of his purposes , if god had given him life . i have often disputed with him concerning many things of this kind , and i conceive his sufferings , and his better knowledge and better understanding , ( if god had spared him life ) might have made him a prince very happy towards himself , and very happy towards this kingdome . i have seen and known that those blessed souls in heaven have passed thither by the gate of sorrow , and many by the gate of violence : and since it is gods pleasure to dispose me this way , i submit my soul to him , with all comfort , and with all hope , that he hath made this my end , and this my conclusion , that though i be low in death , yet neverthelesse this lownesse shall raise me to the highest glory for ever . truly , i have not said much in publike to the people concerning the particular actions that i conceive i have done by my counsels in this kingdom ; i conceive they are well known , it were something of vanity ( me thinks ) to take notice of them here ; i le rather dye with them , with the comfort of them in mine own bosom ; and that i never intended in this action , or any action that ever i did in my life , either malice , or bloodshed , or prejudice to any creature that lives . for that which concerns my religion , i made my profession before of it , how i was bred , and in what manner i was bred , in a family that was looked upon to be no little notorious in opposition to some liberties , that they conceived , then to be taken ; and truly there was some marke upon me , as if i had some taint of it , even throughout the whole ways that i have taken : every body knows what my affections have been to many that have suffered , to many that have been in troubles in this kingdom , i endeavoured to oblige them , i thought i was tyed so by my conscience , i thought it by my charity , and truly very much by my breeding ; god hath now brought me to the last instant of my time , all that i can say , and all that i can adhere unto is this ; that as i am a great sinner so i have a great saviour , that as he hath given me here a fortune to come publikely in a shew of shame in the way of this suffering , ( truly i understand it not to be so ) i understand it to be glory , a glory , when i consider who hath gone before me , and a glory when i consider i had no end in it , but what i conceive to be the service of god , the king and the kingdom , and therefore my heart is not charged much with any thing in that particular , since i conceive god will accept of the intention , whatsoever the action seem to be . i am going to dye , and the lord receive my soul ; i have no reliance but upon christ , for my self , i doe acknowledge that i am the unworthiest of sinners , my life hath been a vanity , and a continued sin , and god may justly bring me to this end , for the sins i have committed against him , and were there nothing else but the iniquities that i have committed in the way of my life , i look upon this as a great justice of god to bring me to this suffering , and to bring me to this punishment , and those hands that have been most active in it , if any such there have been , i pray god forgive them , i pray god that there may not be many such trophies of their victory , but that this may be as i said before , the last shew that this people shall see , of the blood of persons of condition , of persons of honour . i might say somthing of the way of our tryal , which i think hath been as extraordinary , as any thing i think hath ever been seen in this kingdom , but because i would not seem as if i made some complaint , i will not so much as mention it , because no body shall believe i rep●ne at their actions or my owne fortune ; it is the will of god , it is the hand of god under whom i fall , i take it intirely from him , i submit my self to him , i shall desire to roul my selfe into the armes of my blessed saviour , and when i come to this place , ( pointing to the block . ) when i bow downe my selfe there , i hope god will raise me up , and when i bid farewell , as i must now to hope and to faith , that love will abide , i know nothing to accompany the soul out of this world but love , and i hope that love will bring me to the fountain of glory in heaven , through the arms , mediation , and the mercy of my saviour jesus christ , in whom i beleeve , o lord helpe my unbelief . i shall make as much hast as i can to come to that glory , and the lord of heaven and earth take my soul : i look upon my selfe intirely in him , and hope to find mercy through him , i expect it , and through that fountaine that is opened for sin , and for uncleannesse my soul must receive it , for did i rest in any thing else , i have nothing but sin and corruption in me ; i have nothing but that , which instead of being carryed up into the arms of god and glory , i have nothing but may throw me downe into hell . and here is the place where i lye downe before him , from whence i hope he will raise me to an eternall glory through my saviour , upon whom i rely , from whom onely i can expect mercy : into his arms i commend my spirit , into his bleeding armes , that when i leave this bleeding body that must lye upon this place , he will receive that soul that ariseth out of it , and receive it into his eternall mercy , through the merits , through the worthinesse , through the mediation of christ that hath purchased it with his owne most precious blood . christ jesus receive my soul , my soul hungers and thirsts after him ; clouds are gathering , and i trust in god through all my heaviness : and i hope through all impediments , he will settle my interest in him , and throw off all the claim that sathan can make unto it , and that he will carry my soule in despight of all the calumnies , and all that the devill , and sathan can invent , will carry it into eternall mercy , there to receive the blessednesse of his presence to all eternity . that lamb of god , into his hands i commit my soule : and that lamb of god that sits upon the throne to judge those that fall down before him , i hope he will be pleased to look downeward , and judge me with mercy that fall down before him , and that worship him , and that adore him , that onely trusts upon his mercy for his compassion , and that as he hath purchased me , he would lay his claime unto me now , and receive me . indeed if christ justifie , no body can condemne , and i trust in god , in his justification , though there is confusion here without us , and though there are wonders and staring that now disquiet , yet i trust that i shall be carried into that mercy , that god will receive my soule . then the earl of holland looking over among the people , pointing to a souldier , said , this honest man took me prisoner , you little thought i should have been brought to this , when i delivered my self to you upon conditions , and espying capt. watson on horse-back putting off his hat said to him , god be with you sir , god reward you sir . here must now be my anchor , a great storm make the findes my anchor and but in storms no body trust to their anchor , and therefore i must trust upon my anchor ( vpon that god , said mr. bolton , upon whom your anchor trusts ) yea , god , i hope , will anchor my soul fast upon christ jesus : and if i dye not with that clearnesse and heartinesse that you speak of , truly , i will trust in god , though he kill me , i will relye upon him , and the mercy of my saviour . then the earl of holland imbraced lieut. col. beecher , and took his leave of him : after which , he came to mr. bolton , and having embraced him , and returned him many thanks for his great pains and affections to his soul , desiring god to reward him , and returne his love into his bosome . mr. bolton said to him , the lord god support you , and be seen in this great extremity , the lord reveal and discover himselfe to you , and make your death the passage unto eternall life . then the earl turning to the executioner , said , here my friend , let my clothes and my body alone , there is ten pounds for thee , that is better then my clothes , i am sure of it . executioner , will your lordship please to give me a sign when i shall strike ? and his lordship said , you have room enough here , have you not ? and the executioner said , yes . then the earl of holland turning to the exeuctioner , said , friend , doe you hear me , if you take up my head , do not take off my cap. then turning to his servants he said to one , fare you well , thou art an honest fellow , and to another , god be with thee , thou art an honest man , and then said , stay , i will kneel down and ask god forgivenesse , and then prayed for a pretty space , with seeming earnestnesses . then speaking to the executioner , he said , which is the way of lying ? ( which they shewed him ) and then going to the front of the scaffold , he said to the people , god blesse you all , and god deliver you from any such accident as may bring you to any such death as is violent , either by war or by these accidents , but that there may be peace among you , and you may finde that these accidents , that have hapned to us , may be the last that may happen in this kingdome ; it is that i desire , it is that i beg of god , next the saving of my soul : i pray god give all happinesse to this kingdom , to this people , and this nation : and then turning to the executioner , said , how must i lye ? i know not . executioner , lie down flat upon your belly : and then having laid himselfe down , he said , must i lie closer ? executioner , yes , and backwarder . i will tell you when you shall strike ; and then as he lay , seemed to pray with much affection for a short space , and then lifting up his head , said , where is the man ? and seeing the executioner by him , he said , stay while i give the sign ; and presently after stretching out his hand , and the executioner being not fully ready , he said ; now , now , and just as the words were comming out of his mouth , the executioner at one blow severed his head from his body . the speech of the lord capel . the conclusion that i made with those that sent me hither , and are the cause of this violent death of mine , shalll be the beginning of what i shall say to you : when i made an address to them ( which was the last ) i told them with much sincerity , that i would pray to the god of all mercies , that they might be partakers of his inestimable & boundles mercy in jesus christ , and truly , i still pray that prayer ; and i beseech the god of heaven , forgive any injury they have done to me , from my soul i wish it . and truly , this i tell you , as a christian , to let you see i am a christian ; but it is necessary i should tell you somwhat more , that i am a protestant , and truly i am a protestant , and very much in love with the prossifeon of it , after the manner as it was established in england by the thirty nine articles ; a blessed way of profession , and such a one , as truly , i never knew none so good : i am so far from being a papist , which some body have ( truly ) very unworthily at some time charged me withall , that truly i profes to you , that though i love good works , and commend good works , yet i hold , they have nothing at all to doe in the matter of salvation ; my anchor hold is this , that christ loved me , and gave himselfe for me , that is that , that i rest upon and truly , something i shall say , to you , as a citizen of the whole world , and in that consideration i am here condemned to dye : truly , contrary to the law that governs all the world , that is , the law of the sword , i had the protection of that for my life , and the honour of it ; but truly , i will not trouble you much with that , because in another place i have spoken very largely and liberally about it , i believe you wil hear by other means what arguments i used in that case : but truly , that that is stranger , you that are english men , behold here an english man now before you , and acknowledged a peer , not condemned to dye by any law of england , not by any law of england ; nay shall i tell you more ( which is strangest of all ) contrary to all the laws of england that i know of . and truly i will tel you , in the matter of the civil part of my death , and the cause i have maintained , i dy ( i take it ) for maintaining the fifth commandment , enjoyned by god himself , which enjoyns reverence and obedience to parents : all divines on all hands , though they contradict one another in many severall opinions , yet all divines on all hands , do acknowledge that here is intended magistracy and order , & certainly i have obeyed that magistracy & the order under which i have lived , which i was bound to obey ; and truly , i do say very confidently , that i do dye here for keeping , for obeying that fift commandment given by god himself , and written with his own finger . and now gentlemen , i will take this opportunity to tell you , that i cannot imitate a better nor a greater ingenuity then his , that said of himself , for suffering an unjust judgement upon another , himself was brought to suffer by an unjust judgement . truly gentlemen , that god may be glorified , that all men that are concerned in it may take the occasion of it , of humble repentance to god almighty for it , i doe here profes to you , that truly i did give my vote to that bill of the e. of strafford , i doubt not but god almighty hath washed that away with a more precious blood , and that is , with the blood of his own son , and my dear saviour jesus christ , and i hope he will wash it away from all those that are guilty of it : truly this i may say , i had not the least part nor the least degree of malice in the doing of it : but i must confes again to gods glory , and the accusation of mine own frailty , and the frailty of my nature , that truly it was an unworthy cowardize , not to resist so great a torrent as carried that busines at that time . and truly , this i think i am most guilty of , of not courage enough in it , but malice i had none ; but whatsoever it was , god i am sure hath pardoned it , hath given me the assurance of it , that christ jesus his blood hath washed it away ; and truly , i do from my soul wish , that all men that have any stain by it , may seriously repent and receive a remission and pardon from god for it . and now gentlemen , we have had an occasion by this intimation to remember his majesty , our king that last was , and i cannot speak of him , nor think of it , but truly i must needs say , that in my opinion that have had time to consider all the images of all the greatest and vertuousest princes in the world ; and truly , in my opinion there was not a more vertuous , and more sufficient prince known in the world , then our gracious king charls that dyed last : god almighty preserve our king that now is , his son , god send him more fortunate , and longer days ; god almighty so assist him , that he may exceed both the vertues and sufficiencies of his father : for certainly , i that have been a councellour to him , and have lived long with him , and in a time when discovery is easily enough made , for he was young ( he was about thirteen , fourteen , fifteen , or sixteen years of age ) those years i was with him , truly i never saw greater hopes of vertue in any young person , then in him ; great judgement , great understanding , great apprehension , much honour in his nature , and truly , a very perfect englishman in his inclination ; and i pray god restore him to this kingdome , and unite the kingdoms one unto another , and send a happinesse both to you and to him , that he may long live and reign among you , and that that family may reign till thy kingdome come , that is , while all temporall power is consummated : i beseech god of his mercy , give much happines to this your king , and to you that in it shall be his subjects by the grace of jesus christ . truly , i like my beginning so well , that i will make my conclusion with it , that is , that god almighty would confer of his infinite and inestimable grace and mercy , to those that are the causers of my comming hither , i pray god give them as much mercy as their own hearts can wish ; and truly for my part , i will not accuse any of them of malice , truly i will not , nay , i will not think there was any malice in them ; what other ends there is , i know not , nor i will not examine , but let it be what it will , from my very soul i forgive them every one : and so , the lord of heaven blesse you all , god almighty be infinite in goodnesse and mercy to you , and direct you in those wayes of obedience to his commands to his majesty , that this kingdome may be a happy and glorious nation again , and that your king may be a happy king in so good and so obedient people . god almighty keep you all , god almighty preserve this kingdome , god almighty preserve you all . then turning about , and looking for the executioner ( who was gone off the scaffold ) said , which is the gentleman ? which is the man ? answer was made , he is a coming , he then said , stay , i must pull off my doublet first , and my wastcoat : and then the executioner being come upon the scaffold , the lord capel said , o friend , prethee come hither : then the executioner kneeling down , the lord capel said , i forgive thee from my soul , and not only forgive thee , but i shall pray to god to give thee all grace for a better life : there is five pounds for thee ; and truly for my clothes and those things , if there be any thing due to you for it , you shall be very fully recompenced ; but i desire my body may not be stripped here , and no body to take notice of my body but my own servants : look you friend , this i shall desire of you , that when i lye down , that you would give me a time for a particular short prayer . then lieut. col. beecher . said , make your own signe , my lord . capel . stay a little , which side doe you stand upon ? ( speaking to the executioner ) stay , i think i should lay my hands forward that way ( pointing foreright ) and answer being made , yes , he stood still a little while , and then said , god almighty blesse all this people . god almighty stench this blood , god almighty , stench , stench , stench , this issue of blood ; this will not do the businesse , god almighty find out another way to do it . and then turning to one of his servants , said , baldwin , i cannot see any thing that belongs to my wife : but i must desire thee to beseech her to rest wholly upon jesus christ , and be contented and fully satisfied : and then speaking to his servants , he said , god keep you ; and gentlemen , let me now doe a businesse quickly , privately , and pray let me have your prayers at the moment of death , that god would receive my soul . capel . pray at the moment of striking , joyn your prayers , but make no noise ( turning to his servants ) that is inconvenient at this time . servant , my lord , put on your cap. capel . shoul i , what will that doe me good ? stay a little , is it well as it is now ? and then turning to the executioner , he said , honest man , i have forgiven thee , therefore strike boldly ; from my soul i do it . then a gentleman speaking to him , he said , nay , prethee be contented , be quiet good m — be quiet . then turning to the executioner , he said , well , you are ready when i am ready , are you not ? and stretching out his hands , he said , then pray stand off gentlemen , then going to the front of the scaffold , he said to the people , gentlemen , though i doubt not of it , yet i thinke it convenient to ask it of you , that you would all joyn in prayers with me , that god would mercifully receive my soul , and that for his alone mercies in christ jesus , god almighty keep you all . executioner , my lord , shall i put up your hair ? capel . i , i , prethee do ; and then as he stood , lifting up his hands and eyes , he said , o god , i doe with a perfect and a willing heart submit to thy will : o god , i doe most willingly humble my self : then kneeling down , said , i will try first how i can lye ; and laying his head over the block , said , am i well now ? execu . yes . and then as he lay with both his hands stretched out , he said to the executioner , here lye both my hands out , when i lift up my hand thus , then you may strike . and then after he had said a short prayer , he lifted up his right hand , and the executioner at one blow severed his head from his body , which was taken up by his servants and put ( with his body ) into a coffin , as the former . march . . an act for abolishing of the house of peers . the commons of england assembled in parliament , finding by too long experience that the house of lords is uselesse and dangerous to the people of england to be continued , have thought fit to ordain and enact , and be it ordained and enacted by the present parliament , and by the authority of the same , that from henceforth the house of lords in parliament , shall be , and is hereby wholly abolished and taken away ; and that the lords shall not from henceforth meet or sit in the said house of lords ; nor shall sit , vote , advise , adjudge or determine of any matter or thing whatsoever , as a house of lords in parliament : neverthelesse it is hereby declared , that neither such lords as have demeaned themselves with honour , courage and fidelity to the common-wealth , their posterities who shal continue so , shall not be excluded from the publike councels of the nation , but shall be admitted thereunto , and have their free vote in parliament , if they shall be thereunto elected , as other persons of interest elected and qualified thereunto ought to have : and be it further ordained and enacted by the authority aforesaid , that no peer of this land , not being elected , qualified , and fitting in parliament as aforesaid , shall claim , have , or make use of any priviledge of parliament , either in relation to his person , quality , or estate , any law , usage , or custom to the contrary notwithstanding . hen. scobel cler. parliamenti . on thursday july . the generall and army marched from mordington to coppersmith , col. hackers regiment being drawn up in the way ; his excellency made a speech to satisfie them concerning cap. ogles troope , being sent back into northumberland , in regard of his interest in that county : and that capt. greenwoods troop appointed for berwick should march with the regiment in the stead thereof , which gave great satisfaction . col. brights regiment being drawn up , maj. gen. lambert appointed colonel thereof , coming to the head of the regiment , was received with great acclamations . a list of the regiments of horse and foot randezvouzed and marched with the l. gen. cromwell into scotland . eight regiments of horse . the l. generals in number maj. gen. in number col. fleetwoods in number col. whalies in number col. twisden in number col , lilburne in number col. hackers in number col. okey in number consisting with officers , in all ten regiments of foot . the l. generals in number col. pride col. bright col. maliveryr col. ch. fairfax col. cocks col. dunell col. sir ar. hasterigs . comp. col. fenwicks five companies consisting with officers in all the train , six hundred and ninety . the whole thus , the train six hundred and ninety . the horse five thousand four hundred and fifteen . the foot ten thousand two hundred forty nine . the total , sixteen thousand three hundred fifty four . a letter from lieut. gen. david lesly , to the l. g. cromwel . my lord . i am commanded by the committee of estates of this kingdom , and desired by the commissioners of the generall assembly , to send unto your excellency this inclosed declaration , as that which containeth the state of the quarrel ; wherein we are resolved , by the lords assistance , to fight your army , when the lord shall please to call us thereunto . and as you have professed you will not conceal any of our papers , i do desire that this declaration may be made known to all the officers of your army ; and so i rest , bruchton , . aug. . your excellency's most humble servant , david lesley . for his excellency the lord generall cromwel . the declaration of the commissioners of the generall assembly of scotland , as followeth . the commission of the generall-assembly considering , that there may be just ground of stumbling , from the kings majesties refusing to subscribe and emit the declaration offered unto him by the committee of estates , and commissioners of the generall assembly , concerning his former carriage , and resolutions for the future , in reference to the cause of god , and the enemies and friends thereof ; doth therefore declare , that this kirk and kingdome do not owne nor espouse any malignant party , or quarrell , or interest , but that they fight meerly upon their former grounds and principles , and in defence of the cause of god , and of the kingdome , as they have done these twelve years past and therefore as they doe disclaime all the sin and guilt of the king and of his house ; so they will not owne him , nor his interest , otherwise then with a subordination to god , and so far as he ownes and prosecutes the cause of god , and disclaims his , and his fathers opposition to the work of god , and to the covenant , and likewise all the enemies thereof . and that they will with convenient speed take in consideration the papers lately sent unto them from oliver cromwel , and vindicate themselves from all the falshoods contained therein , especially in these things , wherein the quarrell betwixt us and that party is mis-stated , as if we owned the late kings proceedings , and were resolved to prosecute and maintaine his present majesties interest , before and without acknowledgement of the sins of his house and former wayes , and satisfaction to gods people in both kingdomes . west kirk , . august , . a. ker. tho : henderson . . august , . the committee of estates having seen and considered a declaration of the commission of the generall assembly , anent the stating of the quarrell , whereon the army is to fight , do approve the same , and heartily concur therein . the lord generals answer to the former , as followeth . i received yours of the thirteenth instant , with the paper you mentioned therein inclosed , which i caused to be read in the presence of so many officers as could well be gotten together , to which your trumpet can witness , we returne you this answer , by which i hope in the lord it will appear , that we continue the same we have profest our selves to the honest people of scotland , wishing to them as to our own souls , it being no part of our busines to hinder any of them from worshipping god in that way they are satisfied in their consciences by the word of god they ought ( though different from us ) but shall therein be ready to perform what obligations lie upon us by the covenant ; but that under the pretence of the covenant mistaken , and wrested from the most native intent and equity thereof , a king should be taken in by you , to be imposed upon us , and this called the cause of god and the kingdome , and this done upon the satisfaction of gods people in both nations , as is alleged , together with a disowning of malignants , although he who is the head of them , in whom all their hope of comfort lies , be received ; who at this very instant hath a popish party fighting for and under him in ireland , hath p. rupert ( a man who hath had his hand deep in the blood of many innocent men of england ) now in the head of our ships stoln from us upon a malignant accompt ; hath the french and irish ships daily making depredations upon our coasts : strong combinations by the malignants in england , to raise arms in our bowels , by vertue of his commissions , who having of late issued out very many to that purpose , and how the interest you pretend you have received him upon , and the malignant interest in the ends and consequences entring in this man , can be secured , we cannot discern ; and how we should believe , that whilst known and notorious malignants , fighting and plotting against us on the one hand , and the declaring for him on the other , should not be an espousing of a malignant party , quarrell , or interest , but be a meer fighting upon former grounds and principles , and in defence of the cause of god , and of the kingdome , as hath been these . years last past ( as ye say ) for the security and satisfaction of gods people in both nations , or the opposing of which should render us enemies to the godly with you , we cannot well understand , especially considering , that all these malignants take their confidence and encouragement from the late transactions of your kirk and state with your king ; for as we have already said , so we tell you again , it is but satisfying security to those that employ us , and are concerned in that we seek , which we conceive will not be by a few formall and feigned submissions from a person who could not tell otherwise how to accomplish his malignant ends , and therefore councel'd to this complyance , by them who assisted his father , and have hitherto acted him in his most evill and desperate designes , and are now again by them set on foot ; against which , how you will be able in the way you are in , to secure us or your selves , is ( forasmuch as concerns our selves ) our duty to look after . if the state of your quarrell be thus , upon which , as you say , you resolve to fight our army , you will have opportunity to do that , else what means our abode here ? and if our hope be not in the lord , it will be ill with us . we commit both you and our selves to him , who knows the heart and tries the reins , with whom are all our ways , who is able to doe for us and you , above what we know , which we desire may be in much mercy to his poor people , and to the glory of his own great name : and having performed your desire in making your papers so publique , as is before exprest , i desire you to doe the like , by letting the state , kirk and army have the knowledge hereof . to which end i have sent you inclosed two copies , and rest from the camp at pencland hills , . august . . your humble servant , o. cromwel . the victory at gladsmore in scotland , , and . of july . m. g. montgomery slaine , armes taken of the scots , . troopers , . or . wounded , colours , . troops totally routed , . foot routed at muscleburrough . the victory at danbar , august . . killed upon the place , prisoners , horse , commission officers , arms , colours , . peices of ordnance . of ours that ingaged in the battail , horse and foot , their word , the covenant ; our word , the lord of hosts , who manifested him selfe to be with us . novemb. . insurrections in norfolk , for which were condemned , and executed , the other left to mercy . col. ker routed and taken , and the towne of ayre . decemb. . the strong castle of edenburgh delivered up , with pieces of ordnance , whereof iron , the rest brasse ; about arms , store of ammunition and provision ; it was the hand of the lord alone that wrought out and extended such great salvations to us . novemb. . a squadron of ships commanded by gen. blague , surprised a considerable part of the portugal brasil fleet fraughted with sugar , and sent them to england , and after pursued the revolted ships , and followed them beyond alligant , where they have taken of p. ruperts fleet , and pursued him to thoulon one of the furthest havens of france , having but two ships left him ; which hath sounded forth in the ears of forreigne princes and states , who began to acknowledge that god hath been with the parliament and common-wealth of england , and both spain and portugall have sent their embassadors to treat with us . for all which signall salvations , the . of jan. . was set apart and observed as a day of publike thanks-giving and holy rejoycing , in england , wales and town of berwick . jan. . . the scots king was crowned at schone , he is generall of the army , duke hamilton lieut. gen. of the scotch army , david lesley m. gen. middleton l. g. of the scotch horse , and massey m. g. of the english . a speech made by k. charles ye- d-at his coronation ▪ . january . i will by gods assistance bestow my life for your defence wishing to live no longer then that i may see this kingdome flourish in happiness . the oath , i doe promise & vow in ye presence of ye eternall god yt i will maintaine ye true kirk of god religion right preaching & administration of ye sacraments now received & preached within this realme in purity ; and shall abolish & gain-stand all falce religions & sects contrary to ye same . and shall rule ye people com̄ited to my charge , according to ye will of god , and laudable laws & consti●●tions of ye realme ; causing justice & equity to be ministred without partiality . january . . the king of spaine sent his embassadour for the acknowledging of this state , whose authority and soveraignty resides in this parliament of the common-wealth of england , and to stablish and close up a good friendship with this common-wealth . the portugall sent his agent also to the like effect . march . . sir henry hide beheaded at the exchange for receiving and acting by vertue of a commission from charls stuart the second , and king of great britaine , france , and ireland , as his agent to the great turk , with an intent to destroy the trade of the turkie company , and the parliaments interest , not onely in constantinople , but in mitylene , anatolia , and smyrna , in which conspiracies he had a commission to be a commissioner , and he was likewise to seize upon our merchants goods , for the use of the king of scotland ; and procured audience of the grand visier , and raised great fears and uproars among the merchants . browne bushell , beheaded under the scaffold on tower-hill , march . . for delivering up scarborough . june . . the surrender of silly islands . insurrection in cardiganshire , june . slain , prisoners taken . burnt island surrendred , july , . the scotch king invaded england with horse and foot , and a light train of artillery , and caused himselfe to be proclaimed king of england , scotland , and ireland , in lancashire . august . charles the first erected his standard at notingham , and charles the second erected his standard the of aug. at worcester , . september . . old lesly , crawford , linsey , ogleby , with divers of quality , besides taken that were making levies to raise the siege at dundee . august . . st. johnston surrendred . august . . the castle of sterling surrendred , pieces of ordnance , . faire brasse pieces , great iron guns , leather guns , provision of meal to serve men about twelve months , or barrels of beef , about five hundred armes , new muskets and pikes , twenty six barrels of powder , or vessels of claret wine & strong-waters , great store of match and other ammunition , lances , guns , a thousand flattes and other instruments of war of that nature , all the records of scotland , the chaire and cloth of state , the sword , and other 〈◊〉 furniture of the kings . august . . the totall rout and overthrow of the earl of darby in lancashire , by colonel robert lilburne . a full narrative of the late dangerous designe against the state , written with master love's owne hand , and by him sent to the parliament ; whereby he setteth down the severall meetings , and secret actings , with major alford , major adams , colonel barton , master blackmore , m. case , m. cauton , dr. drake , m. drake , captain far , m. gibbons , m. haviland , maj. huntington , m. jenkins , m. jaquel , m. jackson , liev. jackson , captain massey , m. nalton , captain potter , m. robinson , m. sterks , col. sowton , col vaughan , and others . considering how a clear and full narrative may satisfie the state ( although it may prejudice my selfe ) i am willing with an ingenuous freedome , and opennesse of heart to make knowne the whole matter , so far as i distinctly know , and well remember , humbly hoping that this large acknowledgement of mine ( which is more then any in the world can prove against me ) shall not be taken as an aggravation of my fault , but as a demonstration of my ingenuity . before i mention the matters of fact , i humbly crave leave to signifie the time when , and manner how i came to be intangled in this unhappy businesse . as for the time , it was after the breaking off the treaty between the king and the scots at jersey ; for before that time ( to the best of my remembrance ) i was not privie too , or acquainted with any meetings about the sending of captain titus ( whose face i never saw ) to jersey , or sending letters to him , or receiving letters from him , while he was there ; or about sending any letters too , or receiving any letters from the king , queen , jermyn , piercy , or any other person in forreign parts during the treaty at jersey , but after that treaty was ended , m. w. drake came to me , told me he had newes to impart , and to that end , he desired to know ( if he could get friends together ) whether i was willing that they should meet at my house ( it being conveniently scituate in the midst of the city ) that so he might communicate what he heard of affairs abroad . to satisfie my curiosity to hear new●s , i was content to let him , with those he should bring to meet at my house . thus for the time when , and manner how i came to be present at any meetings about intelligence . i now come humbly and truly to relate the matter of fact , which is as followeth : it appeared to me by the testimony of the witnesses , that there were frequent meetings by mr. drake , alford , titus , adams , and others , soon after the death of the late king , and applications made to the king of scots , the queen his mother , to jermyn , and piercy , both before and during the treaty at iersey , of which i know nothing , nor was i present : but the first meeting i was at , was at my house , and was ( as i remember ) at the reading of a letter which came from captain titus , after the treaty was ended at jersey ; the contents of that letter were ( if i mistake not ) to this effect : that the treaty at jersey was broken off through the violent and evill counsels of desperate malignants ; and that he had something of concernment to communicate , which he durst not doe in person , being not safe for him to come over into england , nor could he well do it by writing , he judging it not fit nor safe to send by the common post , fearing a miscarriage ; wherefore he desired some body to be sent over to him to calice , to whom he might give an account of all proceedings . vpon the reading of this letter , mr. drake moved that some person should be desired to goe to calice ; for said he , we shall hear the whole relation of the businesse at jersey : whereupon major adams or captain farr were moved by mr. drake to goe . there was mention of major alford to goe , though he was not then present that i know of , nor was he ever within my house , as i remember , untill after he returned from calice : so that there was none that i know of was gone , mr. drake told me , major alford was the fittest man to goe over to calice , having businesse of his owne to goe into france , to look after his prodigall son , so that it was ( said he ) a plausible pretence to conceale his going over to meet with titus . there were present at this first meeting , m. drake , m. ienkins , maj. adams , d. drake , cap. farr , cap. potter , and my selfe , with some others , but who more , i cannot remember . about two or three dayes after major alfords returne from calice , mr. drake told me he was come to london , and told me he would goe to severall ministers and citizens , to desire them to meet at my house , that so we might hear what newes major alford brought with him from calice ; accordingly the next day in the evening they met at my house , mr. drake brought major alford with him ; major alford at that meeting gave an account of his conference with titus , and of his receiving a copy of the kings letter from him , as also a narrative of the proceedings at the treaty at jersey : but he said ( if i mistake not ) that he brought not over the letters himself , but delivered them to a passenger that came over in the ship , to carry them , lest that himselfe should be searched ; but after he came into england , he received the letter and narrative from the passenger ( but who he was i know not ) and so brought them to london ; whether the copy of the kings letter was read at my house , in my hearing , i remember not ; yet i deny not but it was read there , i am sure i heard that the contents of it were to this effect , that he tooke in good part the affections and loyalty of those who formerly had made applications by way of petition to him ( of which petition i know nothing ) and if ever god restored him , or put him in a condition , he should remember them : the narrative which alford brought from titus , was read in my house , in my hearing , which was to this effect , he made a large description of the scots , commending his prudent carriage and good inclinations to an agreement with the scots , but that his bad councell about him hindred it ; also he made a rehearsall of his sufferings from the cavaliers at iersey , how he was imprisoned in a close room : many things else was in the narrative , which i have forgotten . there were present at this meeting , major alford , m. drake , m. case , major adams , m. iaquel , m. iackson , m. ienkins , d. drake , cap. potter , m. sterks , cap. farr , and my self , with some others , but who more , i doe not remember . a little before or about the treaty , between the king and the scots at breda . there was a meeting at my house , m. drake proposed , that we should think of some way to promote the agreement betweene the king and the scots ; where by the way , i desire humbly to give notice , that this was the first and onely meeting of this nature , and for this end , at my house , that i know of . at this meeting , m. drake tooke cut some papers out of his pocket , written in characters , which he read in my study ; what he read , went under the name of a commission and instructions ( as he termed it ) to be sent to the lord willoughby , alderman bunce , massey , graves , and titus , to appoint them to advise with , and use their interests in persons of honour , about the king , to provoke him to agree with the scots , and to take the covenant ; as also to advise with the scots commissioners , and perswade them , that in their agreement with their king , they would have speciall respect to the interest of religion , and terms of the covenant ; the commission ran in this form , as if it were in the names of all the presbyteriall party in england : after i heard it read , i expressed my selfe against it , alledging severall reasons , chiefly , that it was an act of high presumption for private persons to send a commission with instructions , and an act of notorious falshood , to say , this was in the name of the presbyteriall party of england , when none but a few persons knew thereof , that i know of : many in the company did expresse a dislike thereof , as well as my selfe . m. drake did also read a letter in this meeting , but to whom it was , i know not , neither know i the contents of it , i was at least a dozen times called out of the room , whiles the company were there met , so that i am not able to give so full and particular an accompt of the contents of the letter , and of the commission and instructions : what m. drake did about the commission and instructions after he was gone from my house , i know not ; what he sent away , i know not , nor did i know by whom it was sent away , untill maj. alford declared before the high court , that he received the papers from m. drake , carried them to gravesend , and delivered them to one mason ( whose face i never saw ) and he carried them to holland . there was present at this meeting , major huntington ( who was never at my house before nor since , whose face i never saw before nor since , but at my tryall ) m. drake , d. drake , m. jackson , m. jenkins , m. cauton , maj. alford , m. gibbons , maj. adams , cap. farr , and my selfe , with some others , whom i cannot remember . there is one thing more i make bold to mention , that there are other persons , besides those i have named , who did now and then come to these meetings at my house , as m. robinson , m. nalton , m. haviland , m. blackmore , col. vaughan , col. sowton , these were also present at one time or another , but at what particular meeting , i cannot positively say . thus i have clearly laid open the whole matter of fact , so far as i well remember , and distinctly know of passages about these meetings and transactions at my house . from the tower of london , july . . i attest the truth of this narrative under my hand , christopher love . mr. love's speech made on the scaffold on tower-hill , august . . beloved christians , i am this day made a spectacle unto god , angels , and men ; and among them i am made a grief to the godly , a laughing-stock to the wicked , and a gazing stock to all ; yet blessed be my god , not a terror to my self ; although there be but a little between me and death , yet this bears up my heart , there is but a little between me and heaven : it comforted dr taylor , the martyr , when he was going to execution , that there were but two stiles between him and his fathers house ; there is a lesser way between me and my fathers house , but two steps between me and glory ; it is but lying downe upon the block , and i shall ascend upon a throne : i am this day sailing towards the ocean of eternity , through a rough passage , to my haven of rest ; through a red sea , to the promised land . methinks i hear god say to me as he did to moses , goe up to mount nebo , and die there , so goe thou up to tower-hill , and dye there . isaac said of himself , that he was old , and yet he knew not the day of his death ; but i cannot say thus , i am young , and yet i know the day of my death , and i know the kind of my death also , and the place of my death also ; it is such a kind of death as two famous preachers of the gospel were put to before me , john the baptist , and paul the apostle , they were both beheaded : yee have mention of the one in scripture story , and of the other in ecclesiasticall history : and i read in the of the revelations , and the . the saints were beheaded for the word of god , and for the testimony of jesus . but herein is the disadvantage , which i am in in the thoughts of many , who judge that i suffer not for the word , or for conscience , but for medling with state-matters . to this i shall briefly say , that it is an old guise of the devil , to impute the cause of gods peoples sufferings , to be contrivements against the state , when in truth it is their religion and conscience they are persecuted for . the rulers of israel they would put jeremiah to death , upon a civill account , though indeed it was onely the truth of his prophesie made the rulers angry with him : yet upon a civill account they did pretend he must dye , because he fell away to the chaldeans , and would have brought in forreign forces to invade them : the same thing is laid to my charge , of which i am as innocent , as ieremiah was . i find other instances in the scripture , wherein the main causes of their sufferings were still imputed to meddling with state-matters : paul , though he did but preach jesus christ , yet he must dye , if the people might have their will , under the pretence that he was a mover of sedition . upon a civill account my life is pretended to be taken away , whereas indeed it is , because i pursue my covenant , and will not prostitute my principles and conscience to the ambition and lusts of men . beloved , i am this day to make a double exchange , i am changing a pulpit for a scaffold , and a scaffold for a throne ; and i might add a third , i am changing this numerous multitude , the presence of this numerous multitude upon tower-hill , for the innumerable company of angels in the holy hill of zion ; and i am changing a guard of souldiers , for a guard of angels , which will receive me , and carry me into abrahams bosome . this scaffold is the best pulpit i ever preached in , for in the church pulpit god through his grace made me an instrument to bring others to heaven , but in this pulpit he will bring me to heaven . these are the last words that i shall speak in this world , and it may be this last speech upon a scaffold my bring god more glory , then many sermons in a pulpit . before i lay downe my neck upon the block , i shall lay open my case unto the people that hear me this day : and in doing it , i shall avoid all rancour , all bitternes of spirit , animosity , and revenge ; god is my record , whom i serve in the spirit , i speak the truth , and lye not , i doe not bring a revengefull heart unto the scaffold this day ; before i came here , upon my bended knees , i have beg'd mercy for them that denied mercy to me , and i have prayed god to forgive them who would not forgive me : i have forgiven from my heart , the worst enemy i have in all the world , and this is the worst that i wish to my accusers and prosecutors , who have pursued my blood , that i might meet their souls in heaven . i have now done , i have no more to say , but to desire the help of all your prayers , that god would give me the continuance and supply of divine grace to carry me through this great work i am now to doe ; that i , who am to doe a work i never did , i may have a strength that i never had ; that i may put off this body with as much quietnesse and comfort of mind , as ever i put off my cloaths to goe to bed . and now i am to commend my soul to god , and to receive my fatall blow , i am comforted in this , though men kill me they cannot damne me , and though they thrust me out of the world , yet they canshut me out of heaven . i am now going to my long home , and you are going to your short homes , but i tell you i shall be at home before you , i shall be at heaven , my fathers house , before you will be at your owne houses . now i am going to the heavenly jerusalem , to the innumerable company of angels , to jesus christ the mediator of the new covenant , to the spirits of just men made perfect , to god the judge of all , in whose presence there is fulnesse of joy , and at whose right hand there are pleasures for evermore . i shall conclude . then he kneeled downe and made a short prayer privately . then after rising up , he said , blessed be god i am full of joy and peace in believing , i lye downe with a world of comfort , as if i were to lye downe in my bed . my bed is but a short sleep , and this death is a long sleep , where i shall rest in abrahams bosome , and in the embraces of the lord jesus . and then saying , the lord blesse you , he laid himselfe downe upon the scaffold , with his head over the block , and when he stretched forth his hands , the executioner cut off his head at one blow . the humble petition of william jenkins , prisoner . most humbly sheweth : that your petitioner is unfeignedly sorrowfull for all his late miscarriages , whether testified against him , or acknowledged by him , and for the great and sinfull unsutablenesse of them to his calling and condition . that upon earnest seeking of god , and diligent enquiry into his will , your petitioner is convinced , that the alterations of civill governments are ordered by , and founded upon the wise and righteous providences of god , who removeth kings , and setteth up kings , ruleth in the kingdomes of men , and giveth them to whomsoever he will . that the providences of this god , have in the judgement of your petitioner , as evidently appeared in the removing of others from , and the investing your honours with the government of this nation , as ever they appeared in the taking away , or bestowing of any government , in any history of any age of the world . that he apprehends , that a refusall to be subject to this present authority , under the pretence of upholding the title of any one upon earth , is a refusall to acquiesce in the wise and righteous pleasure of god , such an opposing of the government set up by the soveraigne lord of heaven and earth , as none can have peace , either in acting in , or suffering for , and that your petitioner looks upon it as his duty , to yeeld to this authority , all active and cheerfull obedience in the lord , even for couscience sake , to promise ( he being required ) truth and fidelity to it , and to hold forth the grounds of his so doing , to any , as god shall call him thereunto . that though an imprisonment , accompanied with the losse of estate , and to be followed ( without your gracious prevention ) with a speedy arraignment before a high and eminent iudicatory , are far from being pleasant to flesh and blood , and though the injoyment of your grace and favour , be a blessing most deserving to be reckoned among the best of temporals , yet that neither the feeling , and fearing of the former , nor the expectation of the latter , could have induced your petitioner against the light of his owne judgement , and the prepondering part of his owne conscience to have made , or presenting this acknowledgement , he sadly forecasting , that a whole skin is but a contemptible recompence for a wounded conscience . wil . jenkin . aug. . . a glorious victory obtained through gods mercy , by the forces of the common-wealth , over the scotch army at worcester , sep. . this day twelve months was glorious at dunbar , but this day hath been very glorious before worcester , the word was , the lord of hosts , and so it was now ; the lord of hosts having been wonderfully with us : the same signall we had now as then , which was to have no white about us , yet the lord hath cloathed us with white garments , tho to the enemy they have been bloody , onely here lyeth the difference , that at dunbar our work was at break of day , and done ere the morning was over , but now it began towards the close of the evening , and ended not till the night came , that in the end it became an absolute victory , determined by an immediate possession of the town , with a totall routing and defeat of the scotch army , the number of persons taken is neer . neer were slain of the enemy , but of all our side not above . which adds much to the mercy . my lord generall did exceedingly hazard himselfe , riding up and down in the midst of their shot , and riding himself in person to the enemies forts , offering them quarter , whereto they returned no answer , but shot . let us conclude therefore in the words of our renowned generall , the dimentions of this mercy are above all our thoughts , it is for ought i know , a crowning mercy , sure if it be not such a one we shall have , if this provoke not those that are concerned in it to thankfulnesse , and the parliament to doe the will of him , who hath done his will for it , and for the nation . sept. . . dundee taken by storme , sixty ships in the harbour , forty guns . the scots king beaten at worcester , gets into a hollow tree , remaines there a night , the next day in a wood , cuts his hair short , shipt for havre de grace , and so to paris . sir , the scottish king came hither on munday the last of october , new style , and being demanded by his mother and the duke of orleans how he escaped the fight of worcester , gave them this account . that about six a clock in the evening , his army being in all likelihood beaten , he quitted worcester towne , with a party of horse , and marched toward lancashire , but being fearfull of being pursued , and likewise of some of the scotish officers that might deliver him up , he with my lord wilmot quitted their horses , sent the party of horse upon their march , and betook themselves the second dayes march from worcester , into a tree , where they remained untill night , and then marched on foot that night ; the third day they took sanctuary in a wood , and night approaching marched on towards lancashire , where they were received by a lady who furnished them with cloaths for a disguise , and cut off their haire very short . having reposed two or three dayes , the lady resolved to endeavour to ship them out of england , to which purpose , she riding behind the king , and wilmot as another servant by , they went to bristoll , but finding a narrow and hot inquiry there , resolved to go for london , where they stayed three weeks . the king one day went into westminster-hall , where he saith he saw the states-arms , and scots colours ; my lord wilmot procured a merchant to hire a ship of forty tuns to transport them , which cost them a hundred and twenty pounds , but where they took shipping is not yet knowne : but as soon as my lord was entred the barque , and the king as his servant , the master of the vessel came to my lord , and told him , that he knew the king , and told him , that in case it should be knowne , he could expect no mercy : which saying troubled them , but at length , what with money and promises , they prevailed , and so set faile for havre de grace , where they landed , and from thence to roven , where they cloathed themselves , and writ to paris . his arrivall there will put them to new counsels , since now they cannot send their embassadors , which was concluded on before his coming . the duke of orleans fetched him into towne , and expressed much as to serve him . yesterday he , with thurenne , beaufort , the duke of guise , came to him to the louvre , where the king told them , that they should endeavour to reconcile the breach between the prince and the king of france , for , said he , to my knowledge the english will visit you with an army in the spring . the executing of the earl of darby at bolton in lancashire , octob. . . the isle of jersey taken , octob. . nov. . the isle of man taken . resol. that the time for the continuance of this parliament , beyond which they resolve not to sit , shall be nov. . . the parliament of the common-wealth of england declare . that no power , jurisdictions or authority derived from , by or under charles stewart , who pretended himselfe king of scotland , or any of his predecessors , or any otherwise then from the parliament of the common-wealth of england be used , exercised or enjoyned within scotland or the isles or any of their territories thereof . that they doe forbid , annull and make void the use and exercise of any power , jurisdiction and authority whatsoever within scotland or the isles , or any of the territories thereof , other then such as shall be derived from the parliament of the common-wealth of england . february . . an act of generall pardon and oblivion . the parliament of england having had good experience of the affections of the people to this present government , by their ready assistance in the defence thereof , against charls stuart son of the late tyrant , and the forces lately invading this nation under his command , and being much afflicted with the miserable and sad effects which the late unnaturall war hath produced , and resolved ( next to the glory of god , and the advancement of the kingdome of jesus christ ) to make no other use of the many victories the lord hath in mercy vouchsafed unto them , then a just settling of the peace and freedome of this common-wealth ; and being most desirous that the minds , persons and estates of all the people of this nation might be composed , setled and secured , and that all rancor and evill will occasioned by the late differences , may be buryed in perpetuall oblivion . be it enacted by this present parliament , and by authority of the same , that all and every person or persons of or within the common-wealth of england , the isles of jersey and gernsey , and the towne of barwick upon tweed , and the heires , executors , and administrators of them and every of them , and all and singular bodies in any manner incorporated , cities , burroughs , shires , ridings , hundreds , lathes , rapes , wapentakes , townes , villages , hamblets and tithings , and every of them , are and shall be , and are by the authority of this parliament , acquitted , pardoned , released and discharged ( as against the parliament the keepers of the liberties of england by authority of parliament , or any or other of them ) of all manner of treasons , fellonies , offences , contempts , trespasses , entries , misdemeanors , forfeitures , sequestrations , penalties , and sums of moneys , pains of death , pains corporall , or pecuniary , and generally of all other things , causes , quarrels , fines , judgements , and executions had , made , committed , suffered or done before the third day of september . not in this present act hereafter not excepted nor foreprized . and the said keepers of the liberties of england by the authority of this present parliament , granteth and freely giveth , acquitteth , pardoneth , releaseth and dischargeth to every of the persons , and to every of the said bodies corporate , and others before rehearsed , and to every of them , all goods , debts , chattels , fines , issues , profits , amercements , forfeitures , which to the said keepers of the liberties of england do , or shal belong or appertain , by reason of any offence contempt , trespasse , entery , misdeameanors , matter , cause , sequestration or quarrell had , suffered , done , or committed by them , or any of them , before the said third day of september , and which be not hereafter in this act foreprized and excepted . and it is further enacted , that this pardon by these generall words , clauses and sentences before rehearsed , shall be reputed , deemed , adjudged , expounded , allowed , and taken in manner of courts of justice , or else-where most beneficiall and available to all and singular the persons , bodies corporate , and others before rehearsed , and to every of them . and if any person or persons , &c. shall be in any wise arrested , attached , distrained , summoned , or otherwise vexed , &c. for , or because any thing acquitted , pardoned , released , or discharged by vertue of this act , that every person so offending , and being thereof lawfully convicted by sufficient testimony , shall yeeld and pay for recompence to the party so grieved or offended thereby , his or their treble dammages , and forfeit ten pounds to the keepers of the liberties of england . excepted , and always foreprized out of this general free pardon , all and all manner of high-treasons , ( other then for words only ) and all levying of war , rebellions , insurrections , and all conspiracies and confederacies , traiterously had , committed , and done against the parliament , or the keepers of the liberties of england , either within or without the limits of this common-wealth , since the thirtieth day of january in the year of our lord , . and all misprisions and concealements of the said offences or any of them , or the abettimg , ayding , procuring of them , or any of them . and also excepted all manner of voluntary murthers , petty treasons , and wilfull poysoning ; all piracies , and robberies upon the seas , and the abettors thereof ; all buggeries , rapes , and ravishments , and wilfull taking away and marrying of any maid , widow , or daughter against her will . and also except all persons now attainted or outlawed , of or for petty treason , murther , or wilfull poysoning , conjurations , witchcrafts , charmes , wrongfull detainments of any the customes , and all sequestrations and sums of money due upon compositions excise or new-impost . and also excepted all conditions and covenants , and all penalties and forfeitures due to the parliament or the late king , since the . of january . and also all first fruits , and tythes , and all offences and misdemeanours whereof any sentence or judgement hath been given in parliament ▪ since the of january . and all offences of bribery , perjuries and subordination of witnesses , counterfeiting deeds , debenters , bils of publick faith , escripts , or writings whatsoever : and all offences touching the carrying , sending or conveying over the seas any gold , silver , jewels , or any coyne . and all other offences in the unlawfull buying , selling , exchanging or melting downe of any gold , silver or bullion , or the transporting beyond the seas of auy guns , shot , or gun-mettle : and all offences in detaining or imbezling any the goods , moneys , or chattels of the late king and queen : and except all fines and amercements lost , imposed , or assessed : and all offences committed by any jesuite or seminary priest , contrary to the statuts in that case : provided and except any outlawries upon any writ of capias ad satisfaciendum , and all except persons as were the ●h of january in prison , or otherwise constrained of liberty by immediate commandement , warrant , or direction of parliament or councell of state : and also excepted all informations and proceedings concerning common high wayes , and all forfeitures of any goods or merchandize prohibited to be exported or imported : all-fee-farme rents , rents service , rents charge , and rents seck : and all arrerages due since the th of june . and all moneys imprested since the third of november . provided that all acts of hostility and injuries , whether between the late king and the lords and commons in parliament , or between any of the people of this nation which did arise upon any action , attempt , assistance , councel , or advice having relation to , or falling out by reason of the late troubles , that the same , and whatsoever hath ensued thereon , whether trenching upon the lawes and liberty of this nation , or upon the honour and authority of parliament , or to any particular person , shall in no time after the th of june be called in question . finis . by the king and queen, a proclamation for prohibiting seamen from deserting their majesties service england and wales. sovereign ( - : william and mary) approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing w estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) by the king and queen, a proclamation for prohibiting seamen from deserting their majesties service england and wales. sovereign ( - : william and mary) william, iii, king of england, - . mary ii, queen of england, - . broadside. printed by charles bill, and thomas newcomb ..., london : mdclxxxix [ ] "given at palace of hampton-court the twenty ninth day of april, , in the first year of our reign." imperfect: creased, with some loss of print; defective harvard university library copy spliced at end. reproduction of original in the british library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- royal navy. proclamations -- great britain. great britain -- history, naval -- stuarts, - . great britain -- history -- william and mary, - . great britain -- politics and government -- - . - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - elspeth healey sampled and proofread - elspeth healey text and markup reviewed and edited - pfs batch review (qc) and xml conversion by the king and queen , a proclamation for prohibiting seamen from deserting their majesties service . william r. whereas the king and queen's most excellent majesties have occasion to employ their royal navy for the honour and safety of their majesties realms and dominions , in carrying on a war against the french king ; and whereas by the laws of this realm , every mariner , seaman and soldier receiving press-money to serve the king in any of his ships , and after refusing to serve , or absenting himself at the time and place appointed unto him for his service , doth incur danger and penalty of felony , and is to be punished and forfeit as a felon ; nevertheless his majesty is informed , that several mariners , seamen and soldiers , press'd for his service , and having received press-money , do neglect to repair to , and desert the said service , whereby their majesties ships may be unfurnished , and their service disappointed , to the dishonour of their majesties , and danger of their people , especially in this time , when the french have already invaded their majesties dominions , and are preparing to deprive their subjects of their priviledge of trade and other interests . their majesties therefore in their princely wisdom , foreseeing the inconveniences which may ensue , have thought fit , with the advice of their privy council , to publish their majesties royal proclamation , and do hereby straitly charge and command all mariners , seamen and soldiers , who are or shall hereafter be pressed for their service in any ships or vessels belonging to the said navy , and have received , or shall receive press-money for that purpose , that they duly repair and come to the places , and at the times appointed unto them , and there continue in the service unto which they are or shall be respectively commanded , upon pain of death , and all such other pains , penalties and forfeitures , as by the law can be inflicted or imposed upon them . and for the speédy and effectual prosecution of such offenders , their majesties have thought fit , and do intend forthwith to issue commissions of oyer and terminer , for their legal tryal and punishment according to iustice : and for the better execution of this their royal intention , do hereby charge and command all and singular lieutenants , deputy lieutenants , mayors , sheriffs , iustices of the peace , bailiffs , constables , headboroughs , and other their majesties officers , ministers and subjects whatsoever within this realm , with all care and diligence to make search for , discover , and apprehend all and every person and persons offending as aforesaid , and such as shall be apprehended , forthwith to commit , or cause to be committed to the next goal of the county , city or place where they shall be so apprehended , there to remain until they shall be duly proceeded against , and delivered by course of law. and that the names of the persons so apprehended and committed , be forthwith sent to their majesties , or the privy council , that care may be taken for their speedy prosecution accordingly . given at our palace of hampton-court the twenty ninth day of april , . in the first year of our reign . god save king william and queen mary . london , printed by charles bill , and thomas newcomb , printers to the king and queen's most excellent majesties . mdclxxxix . the compendium, or, a short view of the late tryals in relation to the present plot against his majesty and government with the speeches of those that have been executed : as also an humble address, at the close, to all the worthy patriots of this once flourishing and happy kingdom. castlemaine, roger palmer, earl of, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing c estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the compendium, or, a short view of the late tryals in relation to the present plot against his majesty and government with the speeches of those that have been executed : as also an humble address, at the close, to all the worthy patriots of this once flourishing and happy kingdom. castlemaine, roger palmer, earl of, - . p. [s.n.], london : . attributed to roger palmer castlemaine. cf. blc. reproduction of original in huntington library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng popish plot, -- sources. great britain -- politics and government -- - -- sources. great britain -- history -- charles ii, - -- sources. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - judith siefring sampled and proofread - judith siefring text and markup reviewed and edited - pfs batch review (qc) and xml conversion the most material omissions and erratas , are these which follow : page . line . read at the king's bench , on p. . l. the last , r. they are distinctly enough by , &c. p. . l. . & . r. in all the last trial p. . l. . r. there reader any p. . l. . r. white , alias whitebread p. . l. . r. writ , and left with a friend there & l. . r. time for which p. . l. . r. changes that can p. . l. . r. pretend it to be p. . l. . r. the party were ready p. . l. . r. there was hope . l. . circumstance is p. . l. . second evidence p. , & . margent r. . p. . l. . r. on our behalf p. . l. . r. emplicitly p. . l. . r. bin found ( except in coleman's case of which we have already treated ) p. . l. . r. proclaim it to no manner of purpose at an ale-house , p. . l. . r. ( nor the liberties & l. . r. pretend to in the margent is printed sometimes pag. . for ib. and the marks that refer to the figures in the margent , are sometimes wrong plac'd , especially in the beginning . the compendium : or , a short view of the late tryals , in relation to the present plot against his majesty and government : with the speeches of those that have been executed . as also , an humble address ( at the close ) to all the worthy patriots of this once flourishing and happy kingdom . — quis talia fando myrmidonum dolopumve aut duri miles ulissei temperet a lachrymis ! — aen. . london , printed in the year . to all our worthy patriots , of what rank or condition soever they are . my lords and gentlemen , having considered with great admiration , how it could possibly happen , notwithstanding so many legal trials , ( and those also publisht by my lord chief justice , and others in authority ) to shew the world how guilty the papists have been , that the dispute should yet continue , and that each champion keeping still his ground , should think the other extreamly willful and unreasonable . i say , having considered this with admiration , i at last found , that one main matter , besides prejudice , was , that people had never well examined the said trials ; and therefore i took the pains ( and truly it is no little pains ) to present you with a compendium , by which at the first glimps , you shall see both how well the witnesses have made good their part , and how the accused have defended themselves . i have been exact to a tittle , defying any man to shew me that i have lessened the force either of the charge or answer : nor does the one party , or the other , alledge any thing here , but that the margent gives the very page where it is in the original treatise ; for as to mine , and other spectators's reflexions , they are by themselves ; so that every reader may presently judge , whether they are just or no. but now my lords and gentlemen , before i end , i must acquaint you ; that yesterday , as i was sending this to the press , i found that somebody had so far jumpt with me in my design , as to abbreviate all the late judicial proceedings , by the title of the history of the plot ; which upon consideration , has not hindred me from publishing this ; because the author of the said history has on the one side past by , or sluber'd over , several things which the parties concern'd may justly insist upon to be of great force in their business , as you will here plainly see ; and on the other side , my bare compendium is not much more than a fifth part of his , as his is about the fifth of the whole . peruse then , what i present you with , and by and by , i shall again kiss your hands . concerning mr. coleman . mr. coleman was tryed at the old bayly , on thursday the th . of november , . and was thus charged by oates : * that in november . the said mr. coleman did write letters by him to st. omers , in which he called the king tyrant ; and that the late marriage with the prince of orange , would prove the traytor 's and tyrant's ruine : that a latin letter in mr. coleman's hand , was also then enclosed to fr. la chaise , thanking him for the l. which should be imploy'd ( he said ) to no other use , but to cut off the king. that this letter was written by the provincial , strange's directions , because † he had hurt his hand , and mico his secretary was ill : that oates carryed the said letters to paris ; that la chaise askt him there , how the dutchess's secretary did ? that the answer ( written by la chaise ) was sent mr. coleman , after it was first perused by the st. omer● fathers , in oates his presence ; for he ( the said oates ) was by a ‖ patent● to be of the consults , and had power also to * open letters . that there was ( in † april . ) a consult of the jesuits , at the white-horse-tavern in the strand , to send cary to rome : that afterwards , they adjourned into several clubs , and pitcht upon grove and pickering , to kill the king ; the one being to have l. and the other . masses . that this resolve was communicated in ‖ oates's hearing , to mr. coleman . that the jesuits that then came over with oates , were f. williams , f. pool , sir thomas preston , sir john warner , &c. that in august , there was a consult of the * benedictines , ( which , in all the 〈◊〉 tryals , he positively fixes on the th . of the said month ) and then letters came from talbot ( bishop of dublin ) that four jesuits were to kill the duke of ormona ; and if they mist , dr. fogarthy was to poyson him : so that , mr. coleman would have him presently sent away . that † forty thousand black bills were provided for ireland . that mr. coleman told fenwick , that he had found a way to send two-hundred-thousand pound thither , to promote the rebellion . that the four other ruffians , ( procured by fogarthy ) were sent in august , to kill the king at windsor . that the next day after ( being ‖ about the th . of that month ) hartcourt made a provision of * l. to be sent them ; and that mr. coleman gave the messenger a guinney , to be nimble and expedite . that mr. coleman saw the instructions , which ashby brought from white the provincial , ( who was then at st. omers ) about † l. for sir george wakeman , to poyson the king , in case the assassines fail'd . that ‖ mr. coleman thought it too little , and took a copy of these instructions to send into the country , to several conspirators , to encourage their contributions . that he heard mr. coleman ( in * mr. fenwick's chamber ) acknowledge the receipt of his commission for secretary of state ; which was sealed with the jesuits seal , and sign'd by their general . to this mr. coleman answered : that now forsooth , oates pretends to be † extreamly well acquainted with him , and a world of intimacy , ( even at consults , and meetings about the king's death ) whereas before the council , he told his majesty , he did not know him : that oates was then so far from laying any positive treason to his charge , ( for as to the payment of the l. to sir george wakeman , 't was a hear-say , as not ‖ seen by oates ) that the board ( after they had heard his defence ) did , instead of sending him to * newgate , commit him only to a † messenger , 'till his papers were examin'd . and whereas oates accuses him at present , of ordering ( about the ‖ th . of august ) l. for the windsor-russians , and giving of the messenger a guinney ; he was then in warwick-shire , having left london on the * th . of august , without ever returning till the th . late at night . oates reply'd , that he said at the † council , he could not swear he had seen him before ; for his eyes were bad by candle-light , and candle-light alters the sight much : but when he heard him speak , he could have sworn , it was he ; yet did not say so , ‖ because he was not askt . besides , he design'd then to lay no more to his charge , than was matter for an * information ; for prisoners might supplant evidence , when they know it . that the information , which he then gave against him , was ( as near as he could remember ) his writing news , letters with base reflections . moreover , he was so weak and tired , ( through his late fatigue and watchings ) that upon his salvation , he could scarce stand upon his legs ; which ( together with his † want of mem●ry ) was the best ‖ answer he gave the court , why he omitted the present weighty matters ; as also , the account of the l. and the other particulars , in relation to the king's murder at windsor . nor could sir robert southwel witness any thing new , to oates's advantage , more than that he did in council say ; that if mr. coleman's papers were searcht , there would be matter ( he believ'd ) found in them , that would cost him his neck : which , on the one side ▪ most people deemed an easie surmise , seeing coleman was generally known to be a great intriguer ; and on the other side , they imagin'd , oates might as well have then charged him with down-right treason , if what he here alleadged , had not been a fiction of a later date : for 't was impossible to say , he thought there was hanging matter in a man's letters , and through lassitude , or any other pretence , not to be able to tell the king , that the same person had contriv'd his death , if it were really design'd . but as for mr. coleman's absence on the th . of august , ( as before ) the chief justice told him , † that if the cause did turn on that matter , he would stay 'till his book were brought ; ( which mr. coleman urg'd , could prove his said absence ) but that he doubted , the cause would not stand on that foot ; and yet , if that were the case , it would do him little good. this is the sum of the reply to mr. coleman's plea , in relation to oates : but sir thomas doleman ( who was one of the clerks of the council ) attested in court , not only , that ‖ oates said at the board , he knew not mr. coleman well ; and ( to the best of his remembrance ) that he had no acquaintance with him , but also , that mr. coleman was examin'd before oates spake : which evidently shews , that oates knew him no better after his speaking , than before . as for bedlow's charge , 't was to this effect : that sir * henry tichbourn told him , that he brought a commission for mr. coleman , and the lords , from the principal jesuits of rome : that he carried a pacquet from mr. coleman to † la chaise , dated april . that he delivered the said letters to la chaise , and brought mr. coleman and answer : that he did not understand what was in it ; because it was in a † language he did not well understand ; but it was about carrying-on the plot. that mr. hartcourt went to mr. coleman with letters , and took him ( the said bedlow ) along with him ; but made him stay over the way : that hartcourt afterwards beckon'd him in ; and there he heard mr. coleman say , † if he had a hundred lives , and a sea of blood , to carry on the cause , he would spend it all for the establishment of the church here ; and if there were a hundred heretical kings , he would see them all destroy'd . ‖ that mr. coleman saw him in somerset-house-gallery , coming from a consult , with great persons ; which he is not to name here , but 't would make the bottom of the plot to tremble . mr. coleman made little answer to him , besides protesting , that he never * saw him before : nor was there any of mr. coleman's family , that had ever seen him , which had been morally impossible , had he received and brought letters , as he pretended . besides , few of the auditory could comprehend , how bedlow did know , that the letter , which ( he said ) he brought from paris , and yet understood not , was about carrying on the plot ; or why mr. hartcourt should just call him in from over the way , for no other reason , ( for bedlow gives not the least ) but to hear mr. coleman's treasonable expressions , in his zeal for the church : but more especially , how the said bedlow could carry la chaise a letter from mr. coleman , dated april . and yet mr. coleman's first letter to h●m , was † his long one of september , . and came to the said father's hands , on the ‖ of october following . now for mr. coleman's letters : though he acknowledged them full of very * extravagant expressions ; yet he hoped ( he said ) they were not treasonable ; and that some of the † expressions would explain , there was no plot , or intention to kill the king. for the reader may not only find him telling la chaise , ‖ that the labourers were few , and the harvest great , ( which assures us , that few were concern'd with him ; ) but shewing him all along , that the promis'd advantages to the french king and religion , were to accrew by the dissolution of the parliament , which money ( the * aid and assistance he expected from france , and not ‖ force ) was to effect . no wonder then , money being the thing he aimed at , and hinted also by him , in almost every other line of each letter , if he kept no correspondence ( ‖ as he solemnly protested , he did not ) with france , after the year . when we see him complain in his last * letter , that his * christian majesty was not with him , and his party , to the degree of helping them with ten thousand crowns : for the truth is , that court presently found , ( for all his pretences ) that he had no interest with the duke , or with our leading men : nay , we see , he could not so much as perswade his highness , to † sign a letter , which he had prepared without ‖ order , ( as he confesses , and the court acknowledges ) to give him countenance with la chaise . besides , who can imagine , mr. coleman should expect or dream to wheedle in la chaise , without telling him of a * pestilent heresie to be subdued ; of a mighty work on their hands , to wit , the conversion of three nations ; as also , of their never having such hopes , since the dayes of q. mary , with the like rhetorical flowers . mr. coleman , being then found guilty upon the account of his letters , ( for my lord chief justice told him , ( as i already mention'd ) † that the cause hung not on the matter he insisted upon , to wit , on the consult of august , which oates pretends him to be at ) he was next day condemned at the same bar , where he declar'd , with all the execrations imaginable , ‖ that he told the house of commons , all that he knew of this business : that he never heard of proposition , or knew of any to supplant the king , or government , by invasion , disturbance ▪ or the like : that he thought , ( 't is true ) by liberty of corscience , popery might come in ; and that every body is bound , to wish all people of the religion be professes , with much more to the same purpose . then being carryed back to prison , where his wife had only private admittance ; he was on tuesday , the third of december , brought to tyburn , where he made the following speech : mr. coleman's speech . it is now expected i should speak , and make some discovery of a very great plot ; i know not whether i shall have the good fortune to be believed better now , than formerly ; if so , i do here solemnly declare upon the words of a dying man , i know nothing of it ; and as for the raising of sedition , subverting the government , stirring up the people to rebellion , altering the known laws , and contriving the death of the king , i am wholly ignorant of it ; nor did ever i think to advance that religion ( which people think i am so zealous of ) hereby . i thank god i am of it , and declare i dye of it ; nor do i think it prejudicial to king or government : but though i am ( as i said ) a roman catholick , and have been so for many years , yet i renounce that doctrine ( which , some say the remish church doth usher in to promote their interest ) that kings may be murder'd , and the like ; i say i abominate it . here mr. coleman being interrupted by being told , that if he had any thing to say by way of confession or contrition for the fact , he might proceed , otherwise it was unseasonable to go on , and spend time with such like expressions ; mr. coleman then reply'd no! but he thought it was expected ; then being told to the contrary , he concluded with these few words following ; i do say i had no intention to subvert the government , or to act any thing contrary to law , but what every man of a contrary religion , would do in a peaceable manner , if he could . and if i may be believ'd ▪ the witness , that swore against me did me wrong ; and that * witnesses , that swore , he was with me in sommerset-house-gallery , upon the words of a dying man , i never saw his face before . being afterwards ask'd , if he knew any thing of the death of sir edmund bury godfrey , he also declared on the words of a dying man he knew nothing of it : concerning mr. ireland , grove and pickering . with these three , mr. white the provincial , and mr. fenwick procurator of saint omer's , held up their hands at the old baily on the seventeenth of december , and though they were charg'd home by oates , yet bedlow had so little against the said mr. white and fenwick , that after a tryal of several hours , they were for want of two witnesses ( as the law requires in treason ) remanded to newgate , where we will leave them till by and by , being now only to treat of the others . oates then not only repeats the beforementioned april consult at the † white-horse-tavern ; his comming over with ‖ sir john warner , sir thomas preston , fa. williams , nevil , hildesley , and others : his lying * close in the time of the said consult at groves's ( when as the prisoners attest that he was then † actually at saint omers ) but he further deposes , that mr. ireland was caballing in mr. fenwicks chamber about a ‖ fortnight or ten days in august , and that the said mr. ireland gave him particularly on the first or second of september twenty shillings . * then he sayes that two jesuits were sent into scotland to stir up the presbiterians there ; that at the aforesaid april meeting there was a formal resolve ( drawn up by † mico their secretary , signed by at least ‖ forty , and entered into a * book or register ) † that grove and pickering should go on with their attempt to kill the king , and that the first should have l. and the other . masses : that it was to be done by ‖ long pistols , something shorter than carbines , and that the bullets were silver , which grove said he would * champ , that the wound might be uncureable . that pickering had mist an opportunity in the preceding march , by reason his flint was loose , for which he underwent a penance of twenty or thirty stroakes with a discipline . † that the duke was also to be deposed , if he were not ! vigorous for the cause ; that he saw in their entry book that sir george wakeman had accepted of . l. to poyson the king if the others fail'd ; that he perus'd the entry-book of the ‖ peter-pence which grove and smith had gathered ; that * grove told him , that he fir'd southwark , and that his , the said oates's business of comming now over , was to † kill doctor tongue for translating the jesuits morals . bedlow being called , acknowledges the entry-book , and adds that mr. * langhorn was the register ; ‖ that the earl of shaftsbury , the duke of buckingham , the earl of ossory and duke of ormond were to be kill'd ; that * mr. ireland was at mr. hartcourts chamber in the latter end of august , where it was agreed ( the other plot not succeeding ) coniers should go with pickering and grove to new-market , to kill the king in his morning-walk there ; that pickering & grove were also present in the said chamber ; † that his brother james bedlow , heard him often talking of the prisoners , and as one acquainted with priests , and that he brought him ( as the said james attested ) fifty and sixty pòunds at a time from the jesuits . the charge was solemnly deny'd by them all , and besides their own constant loyalty , they alledg'd that of their respective ‖ relations , who had been great sufferers both in their lives and fortunes for the king ; and pickering ( as to his particular ) protested he never * shot off a pistol in his life , which by his very mine and looks seem'd not very improbable to the spectators . then mr. ireland ▪ ( after answers to the several other particulars ) affirm'd , that he was constantly out of london from the third of † august till above a week after the beginning of * september , which he prov'd by three witnesses got together by ‖ chance by his sister . he also urg'd * that he had witnesses , that there were more witnesses , but that he and the rest were kept so † strict , that they were not permitted to send for any body ; nay that he was refus'd ‖ paper , and expresly deny'd to send for his witnesses . besides mrs. yorke ( who actually liv'd both before and after april in her brother grove's house ) * attested , that she saw not oates there , which he excus'd by his being forsooth in disguise . in conclusion , there were three that gave evidence against mr. ireland ▪ for oates produced one sarah paine ( an ordinary maid that had formerly serv'd grove ) who swore she saw him about the twelfth of † august in town at the door of his lodging ; whereupon the prisoners were all condemn'd , and being carried back to newgate , mr. ireland writ there under his own hand a journal which shew'd where he was every day , and who saw him from the third of august to the fourteenth of september , being the time of his absence from london . the chief places were tixhal , holy well , wolver-hampton and boscobel ; the persons that saw him were of great quality , as my lord aston and his family ; sir john south●●● and his family ; madam harwel and hers ; several of the giffords of chillington ; several of sir john winfords relations ; madam crompton , and mr. bidolph of bidolph ; sir thomas whitgrave , mr. chetwin , mr. gerard and his family ; mr. heningham and his ; the pendrels of boscobel and above forty more ; nor is there one day during the whole time 〈◊〉 which there cannot be produced above a dozen of these witnesses . on fryday the twenty fourth of january , mr. ireland and mr. grove were carried to tyburn ; where they spoke as follows . mr. irelands speech . we are come hither as on the last theater of the world , and do therefore conceive we are obliged to speak : first , then we do confess that we pardon all and every one whatsoever , that have any interest , concern or hand in this our death . secondly , we do publickly profess and acknowledge that we are here obliged , if we were guilty our selves of any treason , to declare it , and that if we knew any person faulty therein , ( although he were our father ) we would detect and discover him ; and as for our selves , we would beg a thousand and a thousand pardons both of god and man ; but seeing we cannot be believed , we must beg leave to commit our selves to the mercy of almightly god , and hope to find pardon of him through christ . as for my own part , having been twenty years in the low-countries , and then comming over in june was twelve month , i had return'd again , had not i been hindred by a fit of sickness . on the third of august last i took a journey into stafford-shire , and did not come back to town before the fourteenth day of september , as many can witness , for a hundred and more saw me in stafford-shire and thereabouts ; therefore how i should in this time be acting here treasonable stratagems , i do not well know or understand . here one of the sherifs told him he would do well to make better use of his time , than to spend it in such like expressions , for no body would believe him ; not that they thought much fo their time , for they would stay ; but such kind of words did arraign the proceedings of the court by which they were tryed . then mr. ireland proceeded , and said , i do here beg of god almighty to showr down a thousand and a thousand blessings upon his majesty , on her sacred majesty , on the duke of york and all the royal family , and also on the whole kingdom . as for those catholicks that are here , we desire their prayers for a happy passage into a better world , and that he would be merciful to all christian souls . and as for all our enemies we earnestly desire , that god would pardon them again and again , for we pardon them heartily from the bottom of our hearts ; and so i beseech all good people to pray for us and with us . then mr. groves said . we are innocent , we loose our lives wrongfully , we pray god to forgive them that are the causers of it . mr. pickering being repriev'd till the nineth of may , was then brought to the place of execution , expressing infinit joy at that great happiness , and taking it upon his salvation , that he was innocent in thought , word , and deed , of all that was laid to his charge . being taxed for a priest , he smilingly deny'd it , saying , he was but a lay-brother ; then praying for his accusers and enemies , he said to the hang-man , friend do thy office ; and presently after was turn'd over , being regretted by many , as seeming a very harmless man , and altogether unfit for the desperate employment put upon him . concerning mr. hill , green and berry . mr. hill ( servant to doctor godwin ) green an antient ●eeble man ( cushion-keeper of the chappel ) and berry the porter of somerset-house were tryed at the kings bench bar , on munday the tenth of feb. . where oates swore , ‖ that he was told by sir edmund godfrey the week before he was missing ▪ that after the plot was known , several popish lords ( some of whom are now in the tower ) had threatned him , asking what he had to do with it ; that other persons desirous of the full discovery , threatned him with the parliament for his remisness ; that he was in a great fright saying , he went in ●ear of his life by the popish party , as having bin often dogg'd ; that he came some times to the said oates for encouragement , that he did encourage him , by telling him , that he would suffer for a just cause , and the like . prance swore , ‖ that at the plow , girald and kelley ( two priests ) did about a fortnight before the murder , entice him to it , saying , that sir edmund-godfrey was a busy , man and would do a great deal of mischief ; that ‖ green , girald and hill dogg'd sir edmund godfrey to a house at st. clements : that green came about seven at night to tell prance of it , ( kelly and girald being at watch there ) but the said green did not tell him where at st. clements sir edmund godfrey was , nor did any of the rest do it ; that about the hour of eight or nine , sir edmund godfrey came homewards ; that hill ran before to give the conspirators notice of it at sommerset-house ▪ and then going to the gate , he told sir edmund that two men were quarelling within , and desir'd him being a justice to qualify them ; that he consented to it , but when he came to the bottom of the railes , green threw a twisted hand●ercher about his neck , and cast him behind the railes , and throtled and punch'd him ; that within a quarter after , prance ( who had bin before watching above at the water-gate , ) came down , and laying his ‖ hand upon the body , found the leggs to totter and shake , and then green wrung his neck quite round . but here the reader is to take notice , that prance having related the matter of fact in this manner , mr. attorney askt him on a sudden , if he saw green thus w●ing his neck ? no ; ( answered he , forgeting what he had just before said ) but green did afterwards tell me , that he did it ; which words supris'd not a ●ew . then he proceeded and said , that being thus kill'd , they carried the corps to a ‖ chamber of hills at dr godwins , where lying till munday night , they brought it to a room in the ‖ lower part of sommerset-house , and then hill ▪ shewd it prance by a dark lanthorn ; green , berry , and the rest being by . that on tuesday , it was brought to sir john arundels , where lying till wednesday , it was convey'd to the first lodging , and from thence ( about twelve ) in a sedan to the ‖ so-ho , and then on a horse before hill to the place where it was afterwards found ; that † girald and one vernat spake to him the said prance of a great reward , and that there was to be a good one from my lord bellasis ; that in the beginning of * november , girrald , lewson , vernat , one dethick and himself met at bow , where reading all the writings of the said murther , they were very merry , and a drawer listning , prance threatned to kick him down stairs ; but the ‖ boy being call'd said he knew nothing , but that dethic was with company there , and that in reading a paper he heard sir edmund-godfrey's name , and that some body threatned to kick him . bedlow swore , ‖ that le-phair , prichard , keines , and other priests ( but girald he knew not ) did treat with him , concerning the murther of a gentleman about the beginning of october last ; that he having a mind about ‖ two years ago to discover the plot , was prevented , but now drill'd them on to know the party , that he might prevent them ; but they would not tell him who it was . that they set him to insinuate † himself into the acquaintance of sir edmund godfrey not telling their design ; that on saturday , ( the day that sir edmund godfery , was murther'd , ) le phair having mist bedlo in the morning , met him by accident in ‖ lincolns-inn-fields about four , and at the palsgraves tavern told him , that a material man was to be put out of the way that night , who had all oates's and tongue 's informations ; which if not taken from him , would discover their business to that degree , that they must stay till another age to effect it : that le phair then told him he should have four thousand pound for a reward , that no worse man than my lord bellasis was engaged for it , and mr. coleman had order to pay it , yet named not sir edmund godfrey to him ; that he parted then with , le phair , but came not according to his engagement ( to somerset-house ; that le phair met him on monday in ‖ fleetstreet and charged him with breach of promise ; that he answered , that he knew not but the murthered person might be his friend , whereupon le phair appointed him to meet at eight in the evening at sommerset-house , and he should know more ; that coming there , the said le phair told him the man was kill'd ; and that if he would help to carry off the body he should have ‖ half the reward : that he then shew'd him the body by a dark lanthorn ; but that he saw neither ‖ hill , green , nor berry , there , green being in the court ; that he had such a remembrance of * faces , that he can tell all he saw there , though the light were small . and by the way reader , now it was ( as appears by the lords journal ) that bedlo deposes he saw prance , and that wa●s , † le phair , atkins , and my lord ●ell●si●'● man were wi●h him , being is you see quite different actors from those mention'd by pra●er . then he tells 〈◊〉 . t●●●●he corps had a * cravat about the neck , like that about his 〈◊〉 now ; but so streight , that he could not put his finger between ; which ( reader ) one would think , were no very proper instrument , to strang●● a strong man so cleverly , and without noise . that he knew sir e. godfrey presently , though they said , he belong'd to a man of quality● that the jesuits now with him , ( the said bedlow ) were not those , who had formerly imploy'd him to insinuate himself into this knight's company ; and yet ( reader ) his worship inform'd us ( as you see ) but just before , that his present introducer , le phair , was one of them , who had thus , imploy'd him . he further sayes , that for his part , he advised them to throw the body with weights into the river ; that they thinking that not safe , answer'd , they would put it on himself . that upon asking le phair , how they could get him away ? they said , in a chair , and berry was to let them out . that upon his saying , t was too early , ( eleven or twelve being better for their purpose ) and that he would come again , le phair conjur'd him not to fail that night , on the sacrament he had taken on thursday ; for after oa●es his discovery of the plot , the sacrament was administred to him twice a week : that he hasted away ; and ( having so great a charge upon him as the ‖ sacrament ) he grew disturb'd , and went to bristow , where god put it into his mind to discover all , and so writ to the secretary . the premises were endeavour'd also to be confirm'd by four colateral testimonies ; as first , by † mr. robinson , of the common-pleas ; who attested , that sir edm. godfrey said to him , that he believed , he should be the first martyr ; but if they came fairly , he would not part with his life tamely . secondly , by one curtis , a poor chair-woman belonging to sir e. godfrey , who said ‖ she saw hill with her master , about nine or ten in the morning , on the saturday he was murther'd : thirdly , by * hill's denying before the council , that ever he saw girald , whenas the boy at the plow prov'd in court , that they met there . and lastly , by † berry's sending away the prince ( whilst this intrigue was on foot ) upon pretence , that he had orders to acquaint all persons of quality , that the queen received no , visits : and then being askt at his examination by the lords , whether he had ever had such orders before ? he then said no ; which contradicts his present answer . to this charge the prisoners answer'd with all imaginable protestations , that they were innocent : nor did sir robert southwe●'s testimony advantage them a little , in the opinion of many ; for firsts he ( being summon'd as a witness for the king , to acquaint the court with several particulars about prance's examination before the council ) was askt , whether his present description and account of places , were suitable to what 〈…〉 which sir robert answered , yes : but that it was 〈…〉 had said ▪ in the next place the a●turney general demanding whether prance did hesitate , when he shew'd the lords the several places in relation to the murther ? he answered , that he went positively and directly , till they ask● him where in sommerset-●ouse the body was carried , but that then ( after going into several rooms ) he was in great● * distraction ; yet ( because in that confusion , he said ; th●● 〈…〉 we are right ) the c. justice would have it , that his doubtfulness gave credit to his testimony , since a knight of the post never sticks at any thing . now as to the prisoners themselves , they struk at the root , ) for † hill desired that prance's testimony might not stand good against them ; for he urg'd that the said prance had deny'd all not only before the king , as ‖ mr. chiffins attested , but before the council , as captain * richardson acknowledged ; to which † lord c. j. answered , that no body did believe prance's denyal , because his discovery was so particular ; & mr. ‖ atturney said ▪ that whilst he was a papist , and not sure of his pardon , he was ( t is true ) under disturbances and fears , yet no soone● return'd he to prison , but he desir'd the captain to carry him back to his majesty , offering to make good his first confession ; which gave several of the auditory but small satisfaction , considering that a ●o●ler , whose interest it was to further the plot , might easily ( if the thing were true ) at the sight of a prison obtain such a promise ; besides , not a few knew how he had been us'd and what crys were heard where he lay for many days together , as mrs. hill * urg'd . but prance's own reason for his recantation , seem'd yet odder ; for he said , it was out of apprehension of his † trade , as fearing to lose the queens employment , and the catholicks , which was the most of his business , and also because he had no pardon . the prisoners plea being over rul'd , and prance his testimony adjudg'd good . hill calls for his masters niece , & mrs. broadstreet ( who look't after the house ) as also the maid in his behalf ; the sum of whose testimony was this , ‖ that he was a trusty servant , that he never kept ill hours , and alwayes came in by eight of the clock ; that he could not go out afterwards , because the maid did lock up the doors , and that they were still up till eleven ; that he was at home on * saturday night , when sir e. godfrey was kill'd , and on the wednesday night , when carried away . that their house and staires were so little , † that it was impossible that any thing could be brought in or out , without their knowledge ; that the room ( where the body is said to have lain ) was not only over against the dining-room , but a room that had the * key in it alwayes , and that ‖ every day they went often into it for something or other , and that the foot-boys staid there when any body visited the young lady ; nay the servant maid , ( whom * judge wild commended , as wary in what she said ) attested , that she call'd in every day at the door of that chamber , and was the last up every night . prance his main reply ( having first * declared , that he laid nothing to their charge ) was , that mrs. broadstreet had said before the † duke of monmouth , that there were six or seven keys ; and consequently he would have it , that hill might go out . but whether the court thought it improbable , that any door should have so many keys , or that they took the young ladies word , who said , there was but one ‖ key to that which fasten'd the door ; they never sent to the duke , or question'd sir robert southwel about it . and whereas prance also tax't mrs. broadstreet of saying , * that hill was gone from them before sir edmond's death , 't was cleerly prov'd , that said hill was then there , not only by his former examinations , ( where he sayes , he was then treating with his landlord about his new house , and that he did not go to it , till about a week , or a fortnight after ) but also by the testimony of daniel gray , who positively affirm'd , † that he came not to it till the d . of october . after this , hill call'd on mr. archbold , ( a gentleman of the life-guard ) who said , ‖ that his taylor being at hills , he went thither ; and being ask't , what news ? he told them , how prance was taken about sir e. godfrey's murther ; whereupon hill reply'd , he was glad of it , wishing them all taken ; and that next morning , the said hill was taken out of his bed. this mr. ravenscroft confirm'd ; * adding , that hill's wife told him the same night , that the neighbors spoke strangely of it ; but that her husband did defy prance , and all his works : from which hill inferr'd his innocence , † since he might ( as every body also acknowledg'd ) have escap'd , if he pleased ; nor could he doubt ( had he been guilty ) but that he would be empeach'd and question'd . green also call'd for his landlord warrier , and his wife , being both protestants ; and the man attested , that ‖ green came in on saturday night ( the th . of october ) at seven , and went not from them till after ten. upon this home-evidence , the judge askt him , how long after sir edmond's murther he began to recollect ? he answer'd , a month after , green being in prison ; and that he remembred the time particularly , because green had not bin at his house but fourteen dayes before he was apprehended . 't was reply'd , that green was then in prison about the oaths : that it was the th . of december , before he was secur'd upon the score of the murther : and that he ( the said warrier ) had told captain richardson , that he and his wife could do green no good. * to this he answered , he call'd it not then to memory , though he had since done it by his work , and the time green came to his house ; for he had been a lodger there not above fourteen or fifteen dayes in all : and besides , he never knew him out after nine in his life . the woman also affirmed the same with many particulars ; but calling the day , † saturday fortnight after michaelmass , and michaelmass being on a sunday , this in rigour was the th . of october ; so that , their testimony was rejected , whenas the woman , it seems , meant only by the expression , a bare fortnight after michaelmass ; for otherwise saturday the th . being the day after fryday the th . ( which she ‖ expresly said , was the time when her milk woman told her of the finding of sir edm. godfrey's body ) she must have known , that what she had to say , was nothing to green's purpose . after this , berry calls his maid , who witness't , * that on the th . of october , ( or night when sir edm. godfrey was said to be carryed away ) her master came home from bowls at the dusk of the evening ; that he was not out an hour all night after : that he lay within her chamber ; and that she went to bed about twelve . but that which surpriz'd people most , was the testimony of the three † centinels , who watcht that night from seven till four in the morning , at the great gate of sommerset-house , through which the body was affirm'd to be carryed in the sedan ; for they attested , ( and their corporal was also with them ) that there came in no sedan , ‖ besides that which stands there every night ; but that none ever went out , during their respective watches ; it being impossible for any to pass-by , or for the gate to be open'd without their knowledge ; nor did they drink one drop whil'st they watch'd , nor stir'd a pike's length from the gate : and moreover , that they were examin'd twice about this very matter by the committee , before ever prance was taken up . as for the collateral evidence against the prisoners ; first , mr. robinson's was not insisted upon , ( we suppose ) because sir edm. godfrey did not say , he feared to be a martyr by the papists ; and most people had heard , that he had bin very much threatned by great persons , that were not papists . nor did the court longer insist on hill's denying before the council , that he knew girald , when sir robert southwel shew'd them , that it was * kelly he spoke of : and the ‖ master of the plow could not say , he had seen kelly and hill together . now , as for curtis's ( the chair-woman's ) evidence of seeing hill with sir edm. godfrey about nine or ten that very morning before he was kill'd , it was both contradicted by * how , ( who witness't , that hill was with him that morning from about nine , till two ) and by hill himself , who protested , that she said at newgate ▪ † she never had seen him in her life before : to which answer , neither the bench , nor the king's council , nor the woman her self , ever made the least denyal or reply . and lastly ▪ as to prince rupert's non-admittance , berry not only declar'd , that the ‖ gentleman vsher brought him his orders about the answer he gave to the persons of quality , that came to see the queen , and that the prince might have enter'd if he had pleas'd , since several did go in , but he added also , that he never deny'd , he had such orders before ; for ( the truth was ) he had had them formerly : so that the court , when they commanded his * examination to be read , found not the least mention there of the pretended denyal ; nor did they so much as send for the gentleman vsher , which inferr'd , they were satisfyed : and besides , every body knew , that the queen's receiving no visits by day was little advantage to the conspirators in their deeds of darkness ; especially , since all the family , and who else pleas'd , might come in and out , as before . nor was it possible , for the said conspirators , to assure themselves of wheedling sir edmond into the palace , and more particularly , at a prefixt and certain time , which shew'd the allegation to be vain and frivolous . this was the prisoners plea ; but the jury finding them guilty , they were condemned the next day ; and ten dayes after , ( viz. fryday , the th . of february ) hill and green were carryed to tyburn ▪ where hill spoke thus much of the speech , which was found in his pocket , and being since printed , is often put at the end of his tyral . mr. hill's speech . i am now come to the fatal place of execution , and in a little time , must appear before the tribunal of god almighty , who knoweth all things ; and i hope , it will be happy for me , because i am innocently put to death . i take god , men , and angels to witness , i am innocent of the death of justice godfrey ; and believe , it will be well for me , because i dye innocently ; and hope , through the merits of my blessed saviour , to be saved . i do confess , as i lived , so i dye a roman-chatholick , desiring such to pray for me . god bless and preserve his majesty , and this poor nation , and lay not innocent blood to its charge : so i bid you all farewel in jesus christ , into whose hands i commend my spirit . then turning to some of the officers , he said , there is a report up and down , that i have confessed the murther of sir edm. godfrey to dr. lloyd ; i do deny it . then mr. green spake thus . i desire all your prayers : and as for sir edmundberry godfrey , i know not whether he be dead or alive ; for in my dayes , i never saw him with my eyes , as i know of : and if false people will swear against me , i cannot help it ; i pray to god to bless my king , and all good people . then captain richardson told him ▪ he had a fair tryal , and wisht him not to reflect upon others , but to prepare himself for death . to which mr. green reply'd , i pray god almighty forgive them all : i never saw sir edm. godfrey to my knowledge , in my life . mr. berry was executed on the th . of the same month ; and though he was brought back to the church of england by the pains of dr. lloyd , or rather declar'd , that he had for interest pretended himself for some time a catholick : i say , notwithstanding this , he absolutely deny'd at the very gallows , the fact : nay , as the cart was drawing away , he lifted up his hands , and said , as i am innocent , so receive my soul , o jesus . concerning mr. white , harcourt , fenwick , gaven and turner . on the thirteenth of june , . the aforesaid provincial mr. white , and mr. fenwick , together with mr. harcourt ( rector of london ) mr. gaven , and mr. turner ( two other jesuits ) were tried at the old bayly , being * indicted for meeting in london at a traitorous consult on the twenty fourth of april , . where 't was agreed upon , that the king should be-kill'd by grove and pickering , and upon their failure by four others , as it has been formerly mentioned . mr. white † told the court , that he had already ( viz. with mr. ireland on the seventeenth of last december ) been indicted , the jury empanell'd , witnesses call'd , and he examin'd during many hours , and that he humbly conceiv'd , he could not by law be put again in jeopardy of his life for the same fact ; for otherwise a man might be tried . times . to which the chief justice answered , that it was supposed , when he was endited , there would have been two witnesses , but that fell otherwise ; that he was not in jeopardy , being discharged before the jury went together , and that his case was no more , than if a witness were taken sick , and should that happen , it would not be reasonable a malefactor should therefore escape . chief justice north affirm'd the same , and said , that he knew this often done , and besides that his plea was not good , because there was no record of it extant ; which surpris'd many of the auditors to hear of the necessity of a record about a publick fact done in that very court ▪ and before the same judges . hereupon mr. white demanded counsel as his right , as also , whether he ought not at his former trial to have been condemn'd or acquitted ; but the chief justice answering , that it lay in the discretion of the court , and that he must plead ; he did it at l●st , and so did mr. fenwick ( whose case was the same with his ) after he had urg'd in his own , and in mr. whites behalf , this reason ; ‖ that not being formerly proceeded against , because the second witness declared he had nothing against them , it follow'd that his silence ought to have then discharged them , since his evidence would certainly have condemn'd them ; which not satisfying the chief justice , he reply'd , that this lay in the breast of the court , for it was unreasonable that a man accus'd of a capital crime by the express oath of one witness , should go scot-free for want of a second . now the consequence of mr. fenwick's argument tended to this , that if the law were so , a man thus accus'd might possibly never be freed , though innocent ; seeing he might be remanded from one trial to another , and so in infinitum , on pre●ence of more witnesses ; a power which many lawyers think the freedom of england , can by no means allow . the dispute thus ended , and the prisoners having all pleaded not guilty , oates began the charge , the main of which was to this effect ; that mr. white * having order'd preaching at st. omers against the oaths , and given them an account how ready the irish were to rise , he summon'd a consult ( which began april twenty four , . at the white-horse tavern in the strand ) where they pitcht upon cary to go to rome , and resolv'd ( the paper being afterward signed by some at mr. white 's chamber , others at mr. harcourt's , others at mr. ireland's and others at mr. fenwick's ) that the king should be kill'd as aforesaid . moreover he affirmed , † that mr. white did about the beginning or middle of july send from st. omers instructions by mr. ashby , concerning ten t●onsand pounds for sir george wakeman to poyson the king , and a commission for sir john gage , &c. that in ‖ july or august , but he thinks 't was at the latter end of july , he saw mr. gaven in mr. irelands chamber , and though he had seen letters from the said gaven in june ( about the affairs of stafford-shire and shrop shire ) yet he never saw him write till then ; for he there drew a * bill of exchange upon sir william andrews , and that between the eighth and twelfth of august , mr. ireland took leave of them , as if he were to go to st. omers . as for harcourt and fenwick , he affirm'd , they were with blundel and others , on the twenty first of the said month at wild-house ▪ where lay before them the eighty pounds for the windsor● russians , and that coleman coming in , gave the messenger a guinny . that a day after ( as he thinks ) there was held a consult at the ‖ benedictines , where hartcourt and fenwick were present , and there they understood of the conspiracy against ormond , by bishop tal●ot's letters , who also desir'd commissions and money . that on the fourth of september , white being return'd , oates went to him , but was beaton and reviled by him ; for the jesuits suspected he had hetray'd them , they having understood , that one in such * cloathes as oates's , had been with the king ; yet the said white told him , he would be friends with him , if he gave an account of the party and minister that went to his majesty . then declaring he had no more to say against the prisoners at the bar ( except it were concerning the additional . l. which by letter from flanders , mr. white offer'd sir george wakeman , and rejoyet at the acceptance of it ) heends with this , that he remembred not perfectly that gaven was at the consult of april , though he remembers he saw then his subscription , but as for ‖ turner , he could positively say , he was there , at the lesser clubs or colloquies , to wit , in fenwicks chamber . * dugdale follow'd oates , and said , he had very liitle acquaintance with mr. white , but had seen him at my lord astons about two or three years ago ; that white did send a letter ( enclos'd in groves's ) to ewers , that he should choose trusty , stout , and desperate men to kill the king , no matter whether gentlemen or no : that mr. whites name was to it : that he knew it was his hand , because he had seen him once write a letter when he was at my lords , as aforesaid : that mr. ewers , letters were all directed to dugdale ; that he intercepted this letter , and read it , the words ‖ killing the king being in it , and that the said letter was sent by * the ordinary post , which seeming strange and wonderful to the † chief justice , and all the court , he salv'd it by a far madder answer , viz ‖ that the letters being directed to him , if they were intercepted , he should be hang'd , and they sav'd . he further said , † that he had bin at several consults in his own , and in ewer's chamber , about this matter ; that gaven was the orator to perswade people ; that my lord stafford was at one about the twenty second of september ; that he the said dugdale himself was then chosen out for the assassination ; that he heard of the kings death two years before , ‖ gaven often encouraging him to it , and upon his giving them l. to pray for his soul , and promising them more to go on with the work , the said gaven assur'd him , he should be canoniz'd for a saint : that an army was to come from beyond seas ; that the massacre was to be put upon on the * presbyterians ; that the killing of kings was a thing which gaven endeavor'd to prove out of scripture , but that he could not call now the text to mind ; that he saw a letter from ‖ harcourt to ewers on monday the . of october , and in it were these words , this very saturday night sir edm. godfrey is dispatch'd ; whereupon he the said dugdale told ewers , that he would be hang'd , if that action did not overthrow their design ; that the next day he went to an alehouse , and askt there , if they had heard of a knights being kill'd at london ? now that this demand of his was true , he could prove by mr. chetwin , who being called in , attested , * that one sandbidge told him on that very tuesday , that being at the said alehouse in the morning , a † girle told him that dugdale had reported there , the killing a justice of westmi●ster ; besides the said chetwin attested , that he discoursed with dugdale about this letter &c. when he came to london to be examin'd by the council ; that going out of town , he understood at his return that the said dugdale was no witness , though his evidence had been * very material at the trials of hill , green , and berry . dugdale having ended with this account against white , hartcourt , gaven , and turner , ( for he said , ‖ turner did in mr. ewer's chamber , about two years ago , assent to the former treason , and was to carry on the design in worcestershire . ) prance stood up next , and said , that having made an † image for mr. harcourt , which was sent to mary-land , in the portugal's countrey , the said mr. hartcourt , as he paid him for it , about a year ago , told him , there was a design of killing the king. but when afterwards , mr. * hartcourt askt him earnestly thus ; can you say , that i ever spoke to you about such a business ? yes ( answer'd he , with an asserveration ) and one tompson came with you , when you paid me for four candlesticks : which either contradicts his former evidence , or the image must be turned into candlesticks . then he proceeded , and said , that mr. fenwick in mr. ireland's chamber , talk't of † fifty thousand men , which should be raised for the catholick cause , under the command of my lord bellasis , powis , and arundel ; and that there should be trade enough for him and others , in church-work : that he going to mr. fenwick's chamber , and his confessarius , father james , being dead , mr. fenwick would have had him come to confession to him , ‖ and enjoyn'd him secresie once or twice . then bedlow was call'd , who said , that he question'd not , but mr. white and fenwick would now object his former , slender evidence against them ; but that it was then convenient ; for otherwise , it would have stopt a design ; there being a treaty with mr. reading about them two , as well as the lords in the tower : so that , mr. reading depended on him , as to the favouring the said lords , according as he dealt with these ; which made him then apologize in court , ( as some of the justices he believ'd , did remember ) that he could not then safely declare all he had to say ; and in truth , he was so far from saying all , that he did not say half of it . now , as to the particulars of his then evidence , it was ( he affirm'd ) thus : that he had seen mr. white at several consults ; but this he said with a caution , viz. that he never heard mr. white was so very much concern'd in the plot , because he had no reaeson to say otherwise , since he heard of it from mr. white himself , and so could not well speak it from a hear-say . and for mr. fenwick , he never heard him ( 't is true ) give in any answer ; but yet he had seen him at the consults . this was bedlow's prelude ; but whether satisfactory or not , the auditors then , and the readers now , can best judge ; and especially since his former charge was not as he would now have it to be ; it being without any apology or advertisement to the court , that he had more to say against them ; as it most manifestly appears by † ireland's printed tryal : for being then ask't , whether he knew any thing of mr. white 's being present at any of the consults ? his answer was , that he had the least acquaintance with him , of any of all the society ; yet both he , and mr. fenwick had been several times at consultations ; but he knew not the particular resolves of them , nor had he heard them speak any thing in particular ; only he was often told , that nothing was done without fenwick ; but this evidence not being enough , the jury was discharged of them , and they remanded to prison . the court taking no notice of bedlow's pretence and plea , or of mr. white 's demand , viz. whether any thing he had now said , was in the last tryal ? the chief justice askt bedlow , if they had told him any thing of killing the king ? who answered , yes : for white had told coleman the manner of sending the * four ruffians to windsor : that he saw hartcourt take out of a cabinet . or a l. that hartcourt paid them the money by coleman's order , and gave the messenger a guinney to drink his health ; for coleman was gone before he ( the said bedlow ) came in . moreover , he had seen ‖ mr. fenwick at mr. hartcourt's and white 's chamber , when this whole business was spoken of : that he heard from mr. white , and others , in mr. hartcourt's chamber , of grove's and pickering's reward or killing the king , as aforesaid : that pickering had received checks for slipping many opportunities ; for once his flint was loose ; another time there was no power in the pan ; a third time he charg'd the pistol with bullets , and no powder ; and a fourth time , ( as one that was at the tryal assur'd me , though the common print has omitted it ) he charg'd it with powder only : which reader ( if these attempts had bin bells ) are all the charges that can be rung on them . that mr. white was in mr. hartcourt's chamber with him and others , where 't was agreed , that the additional l. should be given sir george wak●man ; and yet ‖ oats in his evidence told us , that mr. white order'd it by letter from flanders . he further sayes , that * fenwick was to go to new-market along with coniers , &c. to destory the king there , in his morning-walk : that he knew nothing in particular of turner and gaven : that ●e had brought hartcourt many pacquets from spain , † france , flanders , &c. about this affair : that he had often carryed the papers of business to mr. langhorne , to register them : that he saw hartcourt in sir william aderson's presence , give a bill of exchange to sir ‖ george wakeman of l. in part of a greater sum ; that sir george then said , l. was too small a reward for setling religion ; but that sir george did not read out the merchant's name on whom it was drawn . after this , two letters were produc'd , taken among mr. hartcourt's papers ; the first being from mr. * peters here in england , in which the th . of april was mention'd , as the day of the meeting . now because it was there enjoyn'd , that they should not appear much about town till the meeting were over , lest their design should be suspected ; and because of the word design , as also that secrecy was much recommended , as in its own nature necessary , the c. justice thought it extremly conduc'd to the making out of the plot. as for the † second , it was from mr. anderton at rome , bearing date the th . of february was twelve month , where mention being made of patents that were sent , and patents being in the plural number , 't was thought that these were the commissions so often spoken of . the charge being finish'd , it became soon very dubious as to gaven and turner , because oates knew them not at their apprehension ; and his own words in court make it good ; for first ‖ he confest , that ( when he met gaven after his apprehension in the lobby , and was askt by a gentleman about him ) he did not well know him , nor could say any thing against him then , because being under an ill favour'd perriwig , and being a man he knew had a good head of hair , he did not understand the mystery of it , and so spar'd his evidence , and informing the councel against him . again , gaven produc'd several staffordshire witnesses , and among others * sir john winford's neece , and her maid , where he sojourned , who attested that they were very confident of his being with them ( besides other moneths ) all june and july , 'till the th . because they remember not his absence ; yet they would not † positively say , that 't was impossible for him to be away some days , since they had no particular circumstances in readinesse ; but both they and the rest of his ‖ witnesses did averr , that he was in wolver-hampton , from the th . to the end of july ; for then to their knowledge , he was in the spiritual exercise ; which in truth included the very time of oates his accusation ; for by his saying , that gaven was in london either in * july or august , and then absolutely agreeing that it was in ‖ july , it in manner follows , that the time in dispute was in the latter end of the said moneth ; and besides in the † beginning of his charge , he himself sayes , that he believ'd it to be in the latter part of it ; but when once oates came to be prest with it , and especially with a counter-evidence , he flew back , taking the utmost extent and compass for his plea that he could . now for mr. turner , he inform'd the court , that oates not only , did not know him at ‖ whitehall , but call'd him there by another name ; nor could oates give the court any better reason for it , than that turner was at that time in a disguised habit , and a nasty perriwig ; when as the poor man was in his ordinary cloaths and accoutrements ; neither had he ( and the voluntary surrendry of himself most evidently proves it ) the least aim or design of concealing himself from any body . mr. turner further urg'd , that though * oates deposed now , that he saw him at a colloquy in fenwick's chamber , yet by his former evidence , it was at wild-house ; to which oates had nothing to reply , but this ; that because the chiefest part of the consult sat at wild house , ' t was call'd by them the consult of wild-house . as for dugdale , the said turner protested that he had not been in stafford-shire these † four years , which made no little impression upon many present ; since no body in all appearance could seem a more unfit man for intrigues than he ; and besides had dugdale nam'd any of my lord astons family , as witnesses of the said turner's being there later , than the time he prefixt , it would have been to his confusion , not only in that point , but in all things else for the future . nor were many less surpris'd with mr. hartcourt's answer to dugdale ; for though he acknowledged he had written ‖ several letters to mr. evers directed to him , yet he affirm'd he had left off corresponding divers years ; for reader you must know , that about three years ago , he was from procurator of the province ( which keeps a general and frequent correspondency with all the principal members ) made rector of london . now dugdale to prove mr. hartcourt's later correspondency with him , to wit , with evers ; for priests have generally their letters directed to others , so that mr. hartcourt never took notice at dugdales mentioning the receipt of letters from him ; i say dugdale , to prove a later correspondence , urges this wild and unheard of circumstance : * that mr. hartcourt having written at least eight letters last year , to mr. ireland , whilst he was in stafford-shire , two of them made mention of mr. edward astons death at paris , which dugdale intercepting , pretended to conjure , by telling the accident , before any of the said gentlemen's friends knew of it ; so that mr. ireland chid mr. hartcourt , for not acquainting him sooner ; who reply'd ▪ that he had sent him word of it ; and yet it seems mr. ireland , and mr. evers were so far from questioning dugdale about this silly interception and treachery , that he was a greater confident than ever , as chosen to murther his majesty himself . mr. hartcourt also further shew'd , how little this fellow had knowledge either of him or his letters ; for first , he came ( and several of these witnesses reader , have under false names served other prisoners thus ) to the gate-house to entrap him ; and then he ( the said dugdale ) did not so much as know his hand before the committee , when they made him write there for a tryal ; to which the chief justice reply'd , that hartcourt might write more hands , as well as have more names than one : but people thought there could then be no cheat in that , since the many papers which had been taken from hartcourt , would presently have made it apparent . but above all , how incredible is it , that dugdale ( who was so apprehensive , as he † told the court , of the danger that might en●ue to the main plot or design by godfrey's murther ) should go to an ale house ( the very next morning after notice or the accident ) and proclaim it there , before any man dreamt of it in the countrey . now upon mr. hartcourts protesting , that , as to bedlow ( who pretended to bring him ‖ divers and divers portmantles full of letters ) he had never seen him but twice before his apprehension , ●●z . * once about five years ago , with some letters from dunkir● 〈◊〉 others , though under his cover ( for then reader he was procurator ) and once again , when he borrow'd twenty shillings of him , as one deserted by most of his friends for his religion . i say , upon mr. hartcourt's protesting thus , bedlow reply'd , † that he had seven or eight witnesses out of town , to make his familiarity evident and clear ; but that he could not get them together , because the trials had been so put off ; whereas on the contrary ( reader ) all the world knew , that they were positively order'd above ten days before , and and the prisoners had accordingly provided . mr. white now ‖ question'd bedlow , where he was a lieutenant , as he had * formerly sworn ; who answering in flanders ▪ in the prince of frizland's regiment of foot , he reply'd , that there was no lieutenant in all the flanders companies ; whereupon bedlow said , he would send for his commission , and a while after something was brought in , * which chief justice north took and look't upon , but no further words were made of it ; and without any manner of doubt , 't was a paper of his own making ; for we had several officers in flanders all the last war , yet no man ever heard of him or his name there , either then or since , as a soldier . as for the two letters produc'd against the prisoners , and first as to that from mr. peters , it was answered by mr. hartcourt , mr. white , and the rest , * that it was a summons to their triennial congregation ; there being a meeting of the society every three years in france , spain , germany , &c. as all the world knows . that the secresy enjoyn'd was necessary ; for since every body's eye was upon them , they ought to be cautious of appearing in such numbers as might give offence , and especially at a time , when the parliament was meeting . that as to the word ‖ design ( which the chief justice did so much insist upon ) it was a hard thing to bring mens lives into danger upon the meer nicety of a word , and especially when it was proper in it self , for they had a design to choose a procurator for rome , and to consult about the whole concern of the english jesuits . now as to the † roman letter of february the th . mr. white answer'd , that the patents there mentioned were the literae patentes , that constituted him ( on the fourteenth of the preceding january ) provincial , that the expression ( though in the plural ) was genuine and applicaple to any single man ; nor did mr. anderton the writer , know at the sending of them , whether he the said mr. white would accept the office or no ; which mr. recorder much doubting of , ( as being a too self-denying action for a jesuit ) oates presently affirm'd , that he was bound on pain of damnation , not to disobey his superior , and if he choose him or others to a place , they must take it upon them ; and yet every body knows ( that knows any thing ) that nothing is more frequent , than for a jesuit in these cases to reply ( as they term it ) to the general , and consequently to free himself , even after nomination . after this , the prisoners call'd for witnesses to prove mr. ireland's absence out of london , from the d. of august to the th . of september , contrary to the positive oath both of oats and bedlow , which several of the judges were against , because that business had * received tryal : others urg'd , † that the jury was not to take notice of any thing done at a former tryal , unless it were then spoken of ; which seemed hard and strange to many , because in reason the accused were to lay hold of all matters , that could lessen the credit of their accusers , and more especially of things relating to the plot. but the court ( even according to their own rules ) were at last , forc'd to grant them their demand ; because oates did in this very tryal say , that ‖ ireland was in town between the th . and th . of august , and that mr. * fenwick was with him . then the witnesses ( to wit , sir john southcot , my lady , their son and daughter ) were called ; † whereupon sir edward southcot the son affirm'd , that he was told , that mr. ireland came to his uncles ( my lord astons in hartford-shire ) on the d. of august at night , but he saw him not there , till early on the th . and that he went with him , and his family to tixhal , ( my lord 's usual residence in stafford-shire ) continuing every day with them till the sixteenth . my lady southcot ( who was my lord aston's sister ) said , that he was with her from the fifth to the sixteenth . sir john the father , said to the same purpose , to wit , that he met mr. ireland at st. albans on the fifth , and that he was in their company for twelve dayes after . to them succeeded mrs. harwel the mother , mrs. harwel the daughter , and their maid ; as also , sir john winford's ncece , four giffords of the chillington-family , mr. biddulph of biddulph , and two of the perdrels of boscobel , son and daughter to him who had there saved the king in his escape from worcester . these ‖ proved mr. ireland's being at wolverhampton from the th . to the th . when he returned to my lord 's at tixhal : and five of them , to wit , † mr. biddulph , two of the giffords , and the two pendrels , attested , that they saw him on the d. of september , some at boscobel , and others hard by : which d. of september , was the very day , or the day after , that oates * positively swore , mr. ireland gave him twenty shillings in london . but oates fore-seeing this evidence , did ( notwithstanding the fact was in print , and that he had made oath of it in that very court , even in the hearing of several of the judges , and two of the prisoners at the bar ) insi●● now , ‖ that it was the day , ‖ to the best of his remembrance ; but whether it was the st . d. th . th . or th . of september , he would not positively say : whereupon mr. gifford ( who had bin a summon'd witness in ireland's tryal ) stood up , and affirm'd , * that when oates after much pressing , would not be positive as to the dayes in august , he came at last to a circumstance , and aver'd , that on the st or d . of september , ireland gave him ( in london ) twenty shillings . the said mr. gifford also , and his wife , ( when the court objected , whether it were the same ireland that dyed , that was in staffordshire ) declared , ‖ that they had seen him in the country , and afterwards tryed and executed . this evidence being full and clear , and the witnesses that appeared , persons of great quality , ( nay , there were twice as many more in the countrey , that could not come by reason of their domestick affairs ) oates had nothing to ballance it , but the testimony of * sarah paine , the servant-maid which he had produc'd formerly in ireland's tryal , about his being in town on the th . of august , as i said . and here 't is to be remember'd , that there were two mrs. giffords witnesses in this affair , which confounds the reader at the first sight , when he peruses the printed tryal ; for the short-hand-writer makes little distinction between those gentlewomen ; and therefore , sometimes the same person seems , as it were , to answer negatively and positively to the same question . besides , the said writer is not alwayes exact ( when the witnesses are many ) who speaks ; so that he sayes sometimes john a nikes spoke , when 't was ( in truth ) john a stiles . the prisoners then having cleverly proved this point , strike at all that oates had ever said ; for having in mr. ireland's tryal often said , that he was here at the consult of april . he endeavor'd ( as a greater satisfaction to the court ) to further prove it by these circumstances , viz. ‖ that he came over with fa. williams , pa nevil , fa. pool , sir thomas preston , sir john warner , hildesley , a young scholar , and others . so that , * mr. fenwick demanding now , whether he did not own his coming over with the said hildesley ? oates would have avoyded it , by bidding him ask questions of what he said to day ; but mr. fenwick insisting upon this , as necessary and † threatning oates , that he had witnesses to prove his asserting his thus coming from beyond sea ; oates at last owned it : whereupon mr. hildesley ( who is a gentleman's son of quality ) appear'd , and deny'd it , protesting , that he left him at st. omers behind ; which oates granted , but would have it , that he met him at calis the next day ; and to confirm this , alledged , that hildesley lost his mony there , that fa. williams did relieve him , and that he went not streight to london with them . hildesley readily confest the loss of his mony , &c. saying ; he knew how oates understood this , to wit , by a * gentleman , that ( having met hildesley ) came to st. omexs , with whom oates was very familiar on the d , of may , as several witnesses present would prove . then were called in nineteen witnesses from beyond sea , fourteen of which were from st. omers ; and among them sir james d●rington's son , sir philip palmer's son ; sir r. dalison's son , and sir richard colester's son ; son-in-law to colonel charles gifford , who was so instrumental in saving of the king after worcester ; but dalison not hearing when the rest were called , appeared not , and so could not be a witness till next day . the substance of the st. omarian evidence was this ; some remember'd ( by very good circumstances ) oates at st. omers at , and after hildersley's departure , which was on the th . of april , new stile . others of burnaby's coming to them on the first of may , who was the person ( you must know , reader ) that could tell hildesley's adventures , by meeting him on the way : others of oates his familiarity with the said burnab 〈◊〉 others , that they saw oates whil'st he was in the infirmary : others ; that they saw him in the spiritual exercise : others , that father nevil , and fa. pool were not absent , as he said : and others told many particulars relating to him on the latter end of april , and first week of may ; but all agreed in this , that he came to them a little before christmass , . and went not away till the following june , living there the whole time as a scholar ; nor did they remember , that in all that while , he was a night out of the seminary , but on at watten , a house of theirs two leagues distant from st. omers . they gave also these reasons of their assurance , that he could not be absent without their knowledge , because first , the whole colledge would have rung of it , the discourse of coming and going being their news , and which all continually mind . secondly , because he sate in the hall , or rectory alone , at a distinct table from them , viz. between theirs , and the fathers ; so that , being thus in the eye of all , every body would have been missing him . and lastly , that from about lady-day to his expulsion in june , he was reader of the spiritual books in the sodality , and therefore , he could not be away or sunday or holy-day , but that they must most particularly have known it . now , for the other * five witnesses , three of them ( besides one of the former ) affirmed sir john warner to be at watten all april and may , because being superior there in fa. william's absence , they were sure they saw him almost dayly . the like did the † porter and caterer , as to sir thomas preston's being then at leige ; nor could the court find the least incoherence or disagreement in their evidence , ( though they were all strictly examin'd , and cross question'd ) but in cox's , who being a stranger , and speaking english ill , made ( by his odd expressions , and giddy answers ) the auditors often merry : yet the only thing objected to him by the court was his saying , that oates left the colledge in ‖ july , when it was on the th . of june , as the scholars , and oates himself acknowledg'd ; whereupon , answering as to this , that it was after may he was sure , and that it was no matter for the month , whether june or july , the people laught : but his meaning reader , was that being sure , that oates was never absent ( as he alwayes said ) from his coming , ( which was before christmass ) 'till his going away for good and all , after may , ( except to wa●ten , as before ) it was no matter for the month , whether in june or july . though these st. omarians had ( at least in appearance ) as well by the innocence of their vvords and behaviour , as by their punctuality in all the material parts of their evidence , given oates a deadly blow , yet he was far from leaving the lists ; for sir william waller having a while before taken three of these scholars , as papists , in town ; they upon their examination , declar'd what they came for , and told oates to his very face , that he never was but one night out of their colledge , from december to june : so that , by this time he had provided himself for the storm , and therefore brought into court first ; one * walker a minister , who deposed , that about the latter end of march , or the beginning of april , ( and then presently , according to oates his usual method , extended the time to the middle of the said , month ) he saw one in disguise near lecester-house , but could not recollect who it was , till a little before he rose next morning ; and then having drawn him within the scheme of his knowledge to be titus oates , he went and told sarah ives of it at her shop ; who now attested , that walker had said so to her in april , but she knew not the day . then apeared cecily mayo , a servant-maid to one sir richard barker of ba●bican , ( who from a parrier , had by posted bills , made himself a doctor ) and * she swore ; that the week before whitsuntide , ( and whitsuntide ●ell then , reader , on the th . of may ) she saw a man in sir richard barker's yard , whom a servant-boy , that is since dead , jeer'd at , telling her , that the said man had chang'd his coat from black to white , and was turn'd either quaker or papist . that she saw him the week after in the garden with another , but discontented because he was no more countenanc'd by the family , ( the young ladies being shie of him ) and that the afore-mention'd boy said to her , yonder is oates again , does he not look like a jesuit ? therefore , when the plot was discover'd , she went to see oates , and knew him ; who spoke slightingly to her , seeming offended with the family , because they had scorn'd him ; but she excus'd it , as proceeding from his being then a papist : and further told him , that she hoped , he would never forget the bread he had eaten there . after her philip page ( one of the same house ) witness't , ‖ that he saw oates there , about the beginning of may , . to the best of his knowledge , by the token , his master had a patient at that time at islington , sick of a feaver , whose name he knows not ; but the doctor told the court , she was aldram milvars daughter . the coach man also said , * that oates in the beginning of may , was there to ask for dr. tongue , and when he came out of the house he seemed troubled . then the knight himself being present deposed , * that he was at the time of the evidence abroad in the countrey , as his business often leads him ; that his servants ( to the best of his remembrance ) told him after witsuntide the story of oates his being there in two disguises , the one in short-hair , which made them think him turn'd quaker , the other in a long-perriwig , and then they thought him turn'd papist . that upon the visiting a gentleman he fell ill , in which time oates was gone , and upon his recovery , he the said oates came to enquire for dr. tongue , which was the latter end of june , or beginning of july . these witnesses were follow'd by one smith and clay . smith was oates his master , as vsher of merchant taylor 's , and he positively swore , that on the first monday in may , . ( i. e. on the sixth of the said month ) oates din'd with him , and staid three or four hours after discoursing of several things . clay was an old weak , and doating man , who being taken as a priest , was thrown into the gate-house , and suffer'd to see no friend ; so that oates ( to whom all prisons were open ) visiting him , and caressing him dayly , brought him also for a witness into the court , where he attested , that he saw ( he thinks ) oates in apil was twelve-month at mr. charles howards lodgings in arundel-house , and in may also at the same place , as he thinks . to this reply , the jesuits make a smart rejoynder , proving the whole ( by the contradictions that must follow ) either a down-right perjury , or a mistake ; for mr. white ‖ remembred the court , how that when ( at that very bar ) he had formerly prest oates to name any body , that had seen him then in town , he had nothing to say , but that he lay privately at groves's . nay reader he deem'd it , in a manner , an unreasonable thing to be then askt such a question ; for directing himself to the lord chief justice , he answered in these very words ( as notoriously appears in mr. irelands tryal ) ‖ my lord ( saies he ) when i came to london , i was order'd to keep very close ; and lay at mr. groves's house , let him deny it if he can . this was ( you see ) the best of his game then , and this made him fly to the former circumstances ( which the late witnesses have now proved also false ) viz. of his coming over with hildesley , williams , preston , warner , &c. whereas had the present evidence in his behalf been true , it would have been impossible for a man of his ranck and acquaintance to have been more publick ; and yet a greater impossibility for him , ( when demanded so pertment a question ) to have forgotten all these persons , especially when the seeing of any one of them in his then pretended condition , was a great and dangerous fault , and consequently must have imprinted them in his memory . but mr. gavens chief plea was about the time of oates his chimerical stay in england , and therefore cry'd out ex ore tuo te judico ; for since it was ( as he urg'd ) only a matter of * six dayes , ( not did the kings † councel ●●tend it to be above eight or ten ) and since ( according to the computation of the court ) hildesley ‖ landed on the th of april our stile , and consequently reacht not london , till the th , what could become of the ministers testimony , that saw him the latter end of march or middle of april , or of the school-masters , that dined and discours'd with him on the th of may for four or five hours ; and especially of the knight's family , that saw him often that moneth even after whitsontide . now for clay and the invalidity of his testimony , there shall be a fuller account of it in mr. langh●rnes tryal , and more also said of the rest . mr. gaven further insisted on the quality of his witnesses and the fullness of their testimony as to * mr. ireland's being out of town in august ; of the clearness of the proof in relation to sir thomas preston's and sir john warner's absence ; of the positiveness of the evidence concerning his own being at wolver-hampton , at least the last week in july , and that all the witnesses did incline rather to think him there the other weeks also , than not , with much more of this nature . nor did mr. fenwick forget to tell the court ( besides the repetition of the former unanswerable arguments ) † that there was not the least commission found , or the least letter to show that there were such , or any money paid , or armes provided , and the like ; but that all depended on the word of these witnesses . nay if they were guilty , he said , they ought to be hang'd ' twice , once for knaves and then for fools , for trusting a matter of this nature to such a fellow as oates , who was not only expell'd their colledges , but necessitous and beggarly even to the last moment before the discovery . and reader you must also remember , that ( among others ) one captain hill did witnesse , that bedlo ( who had been long his fellow prisoner in the marshalsea ) was in may was twelve month , ( which was the may just before the discovery ) so poor there , that he lived upon the very ‖ basket. but notwithstanding this , or mr. white 's wondering , how he could be thought ( were he of a fighting disposition ) to * beat oates , to whom such a secret was committed , or to send a letter by the common † post about killing the king as dugdale witness't ; and notwithstanding mr. gavans great eloquence ( which every body much commended ) or mr. ‖ hartcourts appealing to the integrity of his life for years , and to the infamy of his accusers ; or his concluding thus , that since a negative cannot be well proved , he hoped innocence will find some to defend it ; i say notwithstanding this , they were all found guilty , and ( being condemned the next day ) were on the fryday following ( to wit the of june ) executed together at tyburn , where they made these following speeches . but reader be pleas'd first to know that they were drawn on several hurdles : on the foremost went mr. thomas whitebread , and mr. vvilliam harcourt . on the second , mr. anthony turner , and mr. john gavan . and on the third , mr. john fenwick . and being come to the gallows , they were all put into one cart. then mr. gavan said , if god give us his grace , it 's no matter where we die , at the gallows or elsewhere . the executioner being fastning the halters . gavan said , i hope you will be civil to dying men. executioner . i will be civil to you . gavan . i hope they will give us leave to speak . mr. whitebread's speech . i suppose it is expected i should speak something to the matter i am condemned for , and brought hither to suffer : it is no less then the contriving and plotting his majesty's death , and the alteration of the government of the church and state. you all either know , or ought to know , i am to make my appearance before the face of almighty god , and with all imaginable certainty and evidence to receive a final judgement , for all the thoughts , words , and actions of my whole life . so that i am not now upon terms to speak other than the truth , and therefore in his most holy pre●ence , and as i hope for mercy from his divine majesty , i do declare to you here present , and to the whole world , that i go out of the world as innocent , and as free from any guilt of these things laid to my charge in this matter , as i came into the world from my mothers womb : and that i do renounce from my heart all manner of pardons , absolutions , dispensations for swearing , as occasions or interest may seem to require , which some have been pleased to lay to our charge , as matter of our practice and doctrine , but is a thing so unjustifiable and unlawful , that i believe , and ever did , that no power on earth can authorize me , or any body so to do . as for those who have most falsly accused me ( as time , either in this world , or in the next , will make appear ) i do heartily forgive them , and beg of god to grant them his holy grace , that they may repent their unjust proceedings against me ; otherwise they will in conclusion find they ha●e done themselves more wrong than i have suffered from them , though that has been a great deal . i pray god bless his majesty both temporally and eternally , which has been my daily prayer for him , and is all the harm that i ever intended or imagined against him . and i do with this my last breath , in the sight of god declare , that i never did learn , or teach , or believe , nor can as a catholick believe , that it is lawful upon any occasion or pretence whatsoever , to design or contrive the death of his majesty , or any hurt to his person ; but on the contrary , all are bound to obey , defend , and preserve his sacred person , to the utmost of their power . and i do moreover declare , that this is the true and plain sence of my soul , in the sight of him who knows the secrets of my heart , and as i hope to see his blessed face , without any equivocation , or mental reservation . this is all i have to say concerning the matter of my condemnation ; that which remains for me now to do , is to recommend my soul into the hands of my blessed redeemer , by whose only merit and passion i hope for salvation . mr. hartcourt's speech . the words of dying persons have been always esteem'd as of greatest authority , because uttered then , when shortly after they are to be cited before the high tribunal of almighty god. this gives me hopes that mine may be look'd upon as such : therefore i do here declare in the presence of almighty god , the whole court of heaven , and this numerous assembly , that as i hope by the merits and passion of my lord and sweet saviour jesus christ for eternal bliss , i am as innocent as the child unborn of any thing laid to my charge , and for which i am here to die . sher. how. or sir edmund-bury godfry's death ? hartcourt . or sir edmund-bury godfry's death . sher. how. did not you write that letter concerning the dispatch of sir edmund bury godfry ? harcourt . no sir , these are the words of a dying man , i would not do it for a thousand worlds . sher. how. how have you lived ? harcourt , i have lived like a man of repute all my life , and never was before the face of a judge till my tryal : no man can accuse me . i have from my youth been bred up in the education of my duty towards god , and man. harcourt . and i do utterly abhor and detest that abominable false doctrine laid to our charge , that we can have licenses to commit perjury , or any sin to advantage our cause , being expresly against the doctrine of st. paul , saying non sunt facienda mala , ut eveniant bona ; evil is not to be done that good may come thereof , and therefore we hold it in all cases unlawful to kill or murder any person whatsoever , much more our lawful king now reigning ; whose personal and temporal dominions we are ready to defend with our lives and fortunes , against any opponent whatsoever , none excepted . i forgive all that have contriv'd my death , and humbly beg pardon of almighty god for them . and i ask pardon of all the world. i pray god bless his majesty , and grant him a prosperous reign . the like i wish to his royal consort , the best of queens . i humbly beg the prayers of all those who are in the communion of the roman church , if any such be present . mr. turner's speech . being now , good people , very near my end , and summon'd by a violent death to appear before god's tribunal , there to render an account of all my thoughts , words , and actions , before a just judge , i conceive i am bound in conscience to do my self that justice , as to declare upon oath my innocence from the horrid crime of treason , with which i am falsely accused : and i esteem it a duty i owe to christian charity , to publish to the world before my death , all that i know in this point , concerning those catholicks i have conversed with since the first noise of the plot , desiring from the bottom of my heart , that the whole truth may appear , that innocence may be clear'd , to the great glory of god , and the peace and welfare of the king and country . as to my self , i call god to vvitness , that i was never in my whole life present at any consult or meeting of the jesuits , where any oath of secrecy was taken , or the sacrament , as a bond of secresy , either by me or any one of them , to conceal any plot against his sacred majesty ; nor was i ever present at any meeting or consult of theirs , where any proposal was made , or resolve taken or signed , either by me or any of them , for taking away the life of our dread soveraign ; an impiety of such a nature , that had i been present at any such meeting , i should have been bound by the laws of god , and by the principles of my religion , ( and by god's grace would have acted accordingly ) to have dicovered such a devilish treason to the civil magistrate , to the end they might have been brought to condign punishment . i was so far , good people , from being in september last at a consult of the jesuits at tixall , in mr. ewer's chamber , that i vow to god , as i hope for salvation , i never was so much as once that year at tixall , my lord astons house . 't is true , i was at the congregation of the jesuits held on the th . of april was twelve month , but in that meeting , as i hope to be saved , we meddled not with state affairs , but only treated about the concerns of our province , which is usually done by us , without offence to temporal princes , every third year all the vvorld over . sheriff how. you do only justify your selves here . we will not believe a word that you say . spend your time in prayer , and we will not think our time too long . i am , good people , as free from the treason i am accused of , as the child that is unborn , and being innocent i never accused my self in confession of any thing that i am charged with , certainly , if i had been conscious to my self of any guilt in this kind , i should not so franckly and freely , as i did , of my own accord , have presented my self before the kings most honourable privy council . as for those catholicks which i have conversed with since the noise of the plot , i protest before god , in the words of a dying man , that i never heard any one of them , either priest or layman , express to me the least knowledg of any plot , that was then on foot amongst the catholicks , against the king's most excellent majesty , for the advancing the catholick religion . i die a roman catholick , and humbly beg the prayers of such , for my happy passage into a better life . i have been of that religion above thirty years , and now give god almighty infinite thanks for calling me by his holy grace to the knowledge of this truth , notwithstanding the prejudice of my former education . god of his infinite goodness bless the king , and all the royal family , and grant his majesty a prosperous reign here , and a crown of glory hereafter . god in his mercy forgive all those which have falsely accused me , or have had any hand in my death ; i forgive them from the bottom of my heart , as i hope my self for forgiveness at the hands of god. mr. turner's prayer . o god , who hast created me to a supernatural end ▪ to serve thee in this life by grace , and injoy thee in the next by glory , be pleased to grant by the merits of thy bitter death and passion , that after this wretched life shall be ended ▪ i may not fail of a full injoyment of thee my last end and soverain good ▪ i humbly beg pardon for all the sins which i have committed against thy divine majesty , since the first instant i came to the use of reason to this very time . i am heartily sorry from the very bottom of my heart , for having offended thee so good , so powerful , so wise , and so just a god , and purpose by the help of thy grace ; never more to offend thee my good god , whom i love above all things . o sweet jesus , who hast suffer'd a most painful and ignominious death upon the cross for our salvation , apply , i beseech thee , unto me the merits of thy sacred passion , and sanctify unto me these sufferings of mine , which i humbly accept of for thy sake in union of the sufferings of thy sacred majesty , and in punishment and satisfaction of my sins . o my dear saviour and redeemer , i return thee immortal thanks for all thou hast pleased to do for me in the whole course of my life , and now in the hour of my death , with a firm belief of all things thou hast revealed , and a stedfast hope of obtaining everlasting bliss . i chearfully cast my self into the arms of thy mercy , whose arms were stretched upon the cross for my redemption . sweet jesus , receive my spirit . mr. gavan's speach . dearly beloved countrey-men , i am come to the last scene of mortality , to the hour of my death , an hour which is the horizon between time and eternity , an hour which must either make me a star to shine for ever in heaven above , or a firebrand to burn everlastingly amongst the damned souls in hell below ; an hour in which if i deal sincerely , and with a hearty sorrow acknowledge my crimes , i may hope for mercy ; but if i falsely deny them , i must expect nothing but eternal damnation : and therefore , what i shall say in this great hour , i hope you will believe . and now in this hour i do solemnly swear , protest , and vow , by all that is sacred in heaven and on earth , and as i hope to see the face of god in glory , that i am as innocent as the child unborn of those treasonable crimes , which mr. oates , and mr. dugdale , have sworn against me in my trial ; and for which , sentence of death was pronounced against me the day after my trial. and that you may be assured that what i say is true , i do in like manner protest , vow , and swear , as i hope to see the face of god in glory , that i do not in what i say unto you , make use of any equivocation , or mental reservation , or material prolation , or any such like way to palliate truth . neither do i make use of any dispensations from the pope , or any body else ; or of any oath of secresy , or any absolutions in confesion or out of confession to deny the truth ; but i speak in the plain sence which the words bear ; and if i do speak in any other sence , to palliate or hide the truth , i wish with all my soul that god may exclude me from his heavenly glory , and condemn me to the lowest place of hell fire : and so much to that point . and now dear country-men , in the second place , i do confess and own to the whole world , that i am a roman catholick , and a priest , and one of that sort of priests called jesuits ; and now because they are so falsly charged for holding king-killing doctrine , i think it my duty to protest to you with my last dying words , that neither i in particular , nor the jesuits in general , hold any such opinion , but utterly abhor and detest it : and i assure you , that amongst the vast number of authors , which among the jesuits have printed philosophy , divinity , cases , or sermons , there is not one to the best of my knowledge , that allows of king killing doctrine , or holds this position , that it is lawful for a private person to kill a king although an heretick , although a pagan , although a tyrant : there is , i say , not one jesuit that holds this , except mariana , the spanish jesuit , and he defends it not absolutely , but only problematically , for which his book was called in , and that opinion expunged and censured . aud is it not a sad thing , that for the rashness of one single man , whilst the rest cry out against him , and hold the contrary , that a whole religious order should be sentenc'd ? but i have not time to discuss this point at large , and therefore i refer you all to a royal author , i mean the wise and victorious king henry the fourth of france , the royal grandfather of our present gracious king , in a publick oration which he pronounced , in defence of the jesuits , amongst other things , declaring , that he was very well satisfied with the jesuits doctrine concerning kings , as being conformable to the best doctors in the church . but why do i relate the testimony of one single prince , when the whole catholick world is the jesuits advocate therein ? does not germany , france , italy , spain , and flanders , trust the education of their youth to them in a very great measure ? do not they trust their own souls to be governed by them , in the administration of the sacraments . and can you imagin so many great kings and princes , and so many wise states should do , or permit this to be done in their kingdoms , if the jesuits were men of such damnable principles as they are now taken for in england . in the third place , dear countrey-men , i do protest , that as i never in my life did machine , or contrive either the deposition or death of the king , so now at my death , i do hartily desire of god to grant him a quiet and happy reign upon earth , and an everlasting crown in heaven . for the judges also , and the jury , and all those that were any ways concern'd , either in my tryal , accusation , or condemnation , i do humbly beg of god , to grant them both temporal and eternal happiness . and as for mr. oates , and mr. dugdale , i call god to witness , they by false oaths have brought me to this untimely end . i hartily forgive them , because god commands me so to do ; and i beg god for his infinite mercy to grant them true sorrow and repentance in this world , that they may be capable of eternal happiness in the next . and having discharged my duty towards my self , and my own innocence ; towards my order , and its doctrine ; to my neighbour and the world , i have nothing else to do now , my great god , but to cast my self into the arms of your mercy . i believe you are one divine essence and three divine persons , i believe that you in the second person of the trinity became man to redeem me ; and i believe you are an eternal rewarder of the good , and an eternal chastiser of the bad. in sine , i belive all you have reveal'd for your own infinite veracity ; i hope in you above all things , for your infinite fidelity ; and i love you above all things , for your infinte beauty and goodness ; and i am heartily sorry that ever i offended so great a god with my whole heart : i am contented to undergo an ignominious deth for the love of you , my dear jesu , seeing you have been pleased to undergo an ignominious death for the love of me . mr. fenwicks speech good people , i suppose you expect i should say something as to the crime i am condemned for , and either acknowledge my guilt , or assert my innocency . i do therefore declare before god and the whole world , and call god to witness that what i say is true , that i am innocent of what is laid to my charge of plotting the king's death , and endeavouring to subvert the government , and bring in a foreign power , as the child unborn ; and that i know nothing of it , but what i have learn'd from mr. oates and his companions , and what comes originally from them . sher. how. if you can make a good conclusion to your own life , it will do well ; consider if your letters did not agree with the evidence , that ' s another matter . fenwick . i assure you ; i do renounce all treason from my very heart . i have always , and ever shall disown the opinion of such devillish practises as these are of king-killing . if i speak not the whole frame of my heart , i wish god may exclude me from his glory . sher. how. those that murdered sir edmun bury godsrey , said as you do . fenwick . as for sir edmund-bury godfrey , i protest before god , i know nothing of it : i never saw the man in my life . sher. how. for my part i am of opinion you had a hand in it . fenwick . now that i am a dying man , do you think i would go and damn my soul ? sher. how. i wish you all the good i can , but i le assure you , i believe never a word you say . fenwick . i pray for his majesty every day , and wish him all happiness with all my heart . also i do with all my soul pardon all my accusers . if the judge or jury did any thing amiss , i pardon them with all my soul , and all persons directly or indirectly . i am very willing and ready to suffer this death . i pray god pardon me my sins . and save my soul. and as to what is said and commonly believed of roman catholicks , that they are not to be believed or trusted , because they can have dispensations for lying , perjury , killing kings , and other the most enormous crimes , i do utterly renounce all such pardons , dispensations , and withall declare , that it is a most wicked and malicious calumny cast upon catholicks , who do all with all their hearts and souls hate and detest all such wicked and damnable practises ; and in the words of a dying man , and as i hope for mercy at the hands of god , before whom i must shortly appear and give an account of all my actions , i do again declare , that what i have said is true , and i hope christian charity will not let you think , that by the last act of my life , i would cast away my soul , by sealing up my last breath with a damnable lye. then they were at their private devotions for about an hour . and mr. sheriff how spake to them ; pray aloud , gentlemen , that we may joyn with you ; we shall do you no hurt , if we do you no good . are you asham'd of your prayers ? then he spake to mr. gavan , and said , it is reported you did preach at the quakers metting . gavan . to which he made answer , no sir , i never preached there in my life . concerning mr. langhorn . mr. langhorn was tryed at the old baily on saturday the th of june , & to make good the charge of high treason against him dugdale first appeared , who proved the plot in general , * as having been at several consults with the jesuits , about the alteration of the governm●nt and introducing popery , where they spoke of an army to be raised , of killing the king , and a massacre ; and that he knew of † sir edm. godfry's death by ewers letter on the munday night , which began thus , this very nig●t sir edm. godfry is dispatch't : that upon his being concern'd , that the plot might be spoild by it , ewers said it would be put upon debauch't persons , for he was severe with such ; yet he the said dugdale , could not ( it ran so much in his mind ) but the next morning he spoke of it at an alehouse hard by , and thence it was carried to mr. ch●twin . prance rose next , and deposed , ‖ that mr. messenger ( gentleman of the horse to my lord arundel ) was employed by his lord , and my lord powis , to kill the king , and this he was told of by my lord's butler ; that meeting messenger , he askt him , what his reason was , that he would kill the king ; who answered , he was off of it , now ; which question and answer ( reader ) made many smile : then he proceeded & sayd , that presently men should be raised and governed by the said lords , to kill all that were not catholick● ; that he heard it from mr. ireland , fenwick , and grove , who spake of it to him together ; that mr. har●court acquainted him ( before one thompson ) that the king was to be killed by several ; and that fenwic said , that langhorn was to have a great hand in it ; so that still we see here are new men and ( mean ones too ) who know of the king's death , and tell it one another for pastime , and ordinary news . oates followed next , saying , * he went into spain in april , that returning in november , he brought letters from mr. langhorn's sons , who studied there ; that mr. langhorn at the receit of them , was informed by him , that the youths would enter into the society , which much rejoyced mr. langhorn , being a great votary of the jesuits , but said , if they would continue secular priests , they would have great promotions in england , since things would not last long in this posture ; that mr. langhorn did upon oates his going to st. omers in november give him a packet , and in his letter to the fathers , he mentioned his writing to fa. la chaise , in order to their concerns , and that coleman had written very largely to that father , which made him the more brief ; that mr. langhorn writ another in march. or april , about ordering five pounds to his son , that had bin in rebellion and turn'd soldier , but was now reconcil'd to him by the intercession of the fathers ; in this letter also mr. langhorn exprest at large his great care of the catholick design , and told them among other things , that the parliament flagging , they had a fair opportunity to give the blow ; which seem'd very odd to many , that in an ordinary letter of domestick concerns , he should treat of such high and secret matters . then oates go's on and say's ; that after the great consult of april , he was order'd to acquaint mr. langhorn ( in the temple ) of the ‖ minuts , past at the said consult , by which he understood of grove's and pickerings employment and reward ; that mr. langhorn ( with lifted up hands and eyes for the good successe : ) did then sign also the consult , and told him , that he had receiv'd about fifty † commissions from rome ; and among others shew'd him the commissions for my l'd. arundel , powis , stafford , bellassis and peters ; as also mr. langhorn's own to be advocate of the army , which were all ‖ sealed with the jesuits cross or cipher , and signed by their general ; the seal and hand being the same as that of the patent which oates had then in court , viz. a † pattent constituting f. stapleton . rector of st omers ▪ and found it seemes among the jesuits papers . that he the said , oates saw those commissions in his study upon his desk ; when as mr. langhorn appeals ( in his ‖ memoires ) to all that great company which frequented his chamber ; whether any of them ever saw a desk in his study ? that mr. langhorn gave him several ‖ originals from f. anderton and la chaise , who did assure them of his constancy in carrying on the cause , and that the french king would stand by them with * men and money . that mr. langhorn being sollicitor for the jesuits , did communicate the design to the benedictins , who promis'd l. that mr. langhorn call'd sr. george wakeman , a narrow soul'd phisitian , for not being content with . l. that he , the said oates , never stir'd out of the ‖ colledge of st. omer from december till his coming away in april , except a night or two at watten , and when he went to paris . 't was here ( some two questions before ) that mr. langhorn began to be nice about the time of his coming to st. omers , &c. whereupon the court answer'd , that all the defences of the papists lay in catches about time , a thing which no man living could be positive in , which heartned oates not a little ; for he being presently askt by mr. langhorn , when he return'd in april into england , he answered , about the middle of that moneth , and that he stay'd ‖ under twenty dayes , a latitude which he would now have fain granted him , by reason of his ill success in the former tryal , though the court never then pretended ( as you ‖ saw ) to extend it to above eight ▪ or ten ; and because he fear'd mr. langhorn , he desired the court to ask the questions , adding , that he knew they would be so † kind , as to ask him such questions as were reasonable . after this , mr. langhorn demanded whether he came with hildestey from dover by coach or on horseback ? to which oates ( after much hesitation ) answer'd , * that the question was so sudden , that he could not be positive ; but at last said , that as near as he could remember , it was by coach. this strange uncertainty amaz'd many , but more smild at it , considering that in truth , he had reason for what he did , as not knowing the question was casual , but that mr. langhorn might have witnesses ready to prove how mr. hildesley made that journey ; nay , he would not tell mr. langhorn positively , whether he lay at † grove's the first night of his coming to london , or no ; though he 〈◊〉 directly sworn in irelands tryal ( as has bin mention'd before ) ‖ that he was commanded to lie close at that house ; so that if he had had such instructions , it was impossible for him not to remember whether he broke them or no , and more especially at his first arrival about so dangerous and great an affair . bedlow brought up the reer , and after he had also produc't ( as oates had done before ) a private patent of the jesuits , found by him in the search of mr. arthur's house , and which ( reader you must know ) is written ( forsooth ) in the same hand , and seal'd with the same seal , as the commissions were he had seen at paris ; i say , after this he askt ( fearing there would be witnesses to what he said ) whether a † papist might take notes ? the court at first thought not ; but when they understood , that the scribe was the marchioness dowager of winchester , 't was answer'd , that a womans notes would signifie no more than her tongue ; and then he thus began . * that coleman carried him about three years ago , to mr. langhorn's chamber , who in his presence register'd several treasonable letters for la-chaise , &c. some of which had been read in court at coleman's trial ; † that there was no a penny of money receiv'd or paid , or the least thing done in relation to the plot , that was not registered by mr. langhorn . that a year and a half ago , he carried a pacquet from hartcourt to be registred , that he was registred by the name of captain williams , and not by his own , which he wondring at , hartcourt answer'd , that this was but a blind register , and that there should be a new one ; that one of these letters , was from the rector of the irish college at salamanca , who desir'd the lords , and the rest here to be ready ; for that he had provided at the groin , as pilgrims , several irish cashier'd soldiers and bandits , as also a great many lay-brothers , who landing at milford , should be joyn'd with the army my lord powis was to raise , ‖ that in may . he carried a letter to mr. stapleton the benedictin , to raise money for england : that pritchard told him ; that mr. langhorn had commissions ; that sir h. * tichbourn shew'd him three at paris , sign'd by the general of the jesuits , and seal'd with their seal , like the before-mention'd patent . that he knows only by report , of mr. langhorn's being privy to grove's and pickering's design of killing the king ; for having a mind to go to windasor , to see what the assassines did , he askt hartcourt leave , as if he went to a friend at plimouth ; who answer'd , he could not be spared , till they knew how the gentlemen had succeeded ; and that he , the said hartcourt , was going to mr. langhorns , to take the minvtes , which was the contrivance of sending down the assassines to new-market . that † the letter , which he saw mr. langhorn register to the benedictins beyond sea , was to sollicit them to get their contributions ready , since the hearts and arms of the party 〈◊〉 ready here ; and , that in the french letter to f. la chaise ( registred also by mr. langhorn ) there were invitations to that king to invade us . now upon mr. langhorn's saying that he understood only law-french , as an argument that he could be no register , and upon bedlow's confessing he never heard him discourse in french , oates ( to salve the difficulty ) cry'd out ( and thereby made not a few laugh ) that he himself could neither write not read french , but he could translate it . and when bedlow ▪ was askt by mr. langhorn , whether mr. coleman's letter ( transcrib'd by him ) were long like those in the narrative or no ; the said bedlow answer'd , the best part of half a sheet of paper ; for coleman writ a curious fine small hand , and would thereby put a great deal in a little room ; which very much surpris'd all that knew coleman , who was far from writing a curious , or fine hand , and far from a small one also . nor was this the only thing that amaz'd the auditors , for both oates and bedlow openly declar'd in court , when mr. langhorn charg'd them with rewards , gratifications ▪ and the like , that they were so far from any benefit by the discovery , ‖ that they were out of pocket . l. a pece , and yet the one was proved the day before , to line 〈◊〉 gaol on the * basket , and the 〈◊〉 as deplorable ? as a man of ●e●p●ll'd the college , and des●tut of friends could● be 〈◊〉 nay , there were several witnesses at hand ▪ to prove also oiteo's , wretched poverty , but by not appearing presently at call , the ' court went on to other matters . besides reader , you may imagine that mr. langhorn's friends and acquaintance , were not a little confounded , to find bedlow saying thus. ‖ i saw him register colemauys letter to his studjl , whilst coleman and i walk●●● in his chamber ; when as all knew ( as he hints in his * memoires ) that 't is impossible to see one out of his chamber writing in his study . mr. langhorn being askt , † what he had to say to all this , answer'd , ‖ that he had been a close prisoner from the seventeenth of october , and never convers'd with any friend to tell him news , nor could he fore-see what these men would testify ; so that the main of his defence was to lessen their evidence , and thereupon he called the st. omer's witnesses , &c. who proved as before , both oates his being constantly at st. omers from december to june , and that sir thomas ●reston , sir john warner , &c. were not in england either in april or may. but here the court too 〈◊〉 great exceptions at the gardener of watten , who was a dutch man , and could scarce speak english , for being askt how he could be so ●onctual as to sir j. warners being there all april and may , and not so in july and other months . * he answer'd , because sir john , in the rector's absence ( who went then into england , ) supply'd his place ; that he did not take so much notice of him ( at other times : and besides , that the question that he came for , did fall in those moneths and not in july , &c. whereupon the court inferr'd ▪ that he had his part given him , and the rest , and consequently , that there was no credit to be given to them . now his meaning was this ( and every body was thought to understand him so ) viz. that all the world ringing by reason of the printed tryals and the like , with the noise , that sir john was at london in such and such moneths , he had reflected on the several circumstances in relation to the said months , and therefore could positively speak to them , when as for the others he never consider'd or dreamt of them . then mrs. grove and her maid a protestant appeared , who witness'd ‖ that oates never lay there , for they knew him not ; that all march , april , and may , the house was full of lodgers , whom they knew ; and that mrs. fitzherbert lay : then in that room which oates pretended was his ; but because the mistress ( being demanded who lay there in june and july ) answer'd ▪ that she was not to be examin'd further then april and may they were both slighted and dismist like the gardiner , though the maid positively * nam'd mrs fitzberbert as there then ; nor did mrs. grove mean any thing else by the words , but that april and may were the only months which oates pretended to , as lodging at her house . * after this , mr. langhorn call'd for the authentick copy of the record out of the lords house , which though it were in the beginning of his tryal granted not only by oates , but by the court also , that ( if he had one ) it should be † read , yet now 't was deny'd , and chief-justice north said ▪ ‖ it was unreasonable to think a man should be prepared to justify all he has sworn in his life ; besides 't was absolutely determin'd , that he should not prove even by † witnesses , what oates had said against him at another tryal ; which was thought very hard after this , came the mistress of the white-horse , a protestant also , † who said she had kept that tavern seven years , that she had never seen mr. oates before . that it was a small inconsiderable house , that there was no room would hold above a dozen , and that she remembers not so great a company at one time , unless at a parish jury , ‖ who were divided into three rooms : now oates fearing much this witness at first insisted on his priviledge of not answering to any question relating to a former tryal , and therefore would not tell the prisoner how many jesuits met here ; but the chief justice perswading him to speak ‖ he answer'd at last , about eighteen or twenty ( and not fifty reader , as formerly ) and that these were also , in two or three several rooms ; which not a few deem'd non-sense , and contrary to the nature of a consult ; for that requires that the members should be together ; and besides the meeting according to this rate comes but to about three clubs or colloquies ( as he calls them ) which were still kept ( according to his usual story ) in other places , the general randezvous being only here . but oates was soon comforted ; for upon the womans evidence there stood up one that attested , that there were rooms there , that would hold thirty ; and then another , that he was at a wedding there , where dined above twenty , and so she made her exit like the rest , and retir'd . but this ended not thus ; for after the tryal , several went to view this so much talkt of tavern , and though it 's back part be rebuilt since april . yet the jesuits famous room still remains , being about four yards and a half square , and consequently not able with any convenience to contain above a dozen ; no wonder therefore , if people can hardly comprehend how such a number of polititians could meet there ; or why they should choose the poorest tavern in all london or westminster , and where every extraordinary company , must necessarily be taken notice of ; i say people cannot comprehend this , and especially they that knew mr. white 's , mr. hartcourt's , and mr. ireland's chambers , either of which ( besides the us doubtless of the respective houses , upon any extraordinary occasion ) is almost twice as big as the pretended one , and would have been times more convenient to all intents and purposes whatsoever . after this , the prisoner askt oates about his distributing the commissions who averred , that * he ( the said prisoner ) had told him in july or august , that he had distributed them , which ▪ mr. langhorn urg'd to be quite contrary to his former oath ▪ as having sworn in coleman's tryal , † that he never saw him after the day in april , when he brought him the result , and particulars of that grand meeting as aforesaid . but this home charge came to nothing , because there were no witnesses ready to prove it viva voce ; for as to the print , ( though publisht by the chief ▪ justice . ) it was refus'd , since a man was not ( as ‖ mr. justice pemberton answer'd ) to be convicted by a history . the prisoner urged again the record of the lords house , which could shew , that bedlow had there sworn , * that he had no persons more to accuse either in or out of the house ▪ than those he had already mention'd ; so that he mr. langhorn , not being one of them , the said bedlow must be perjur'd ; but this was deny'd him , as was also the hearing of witnesses to prove , that bedlow had own'd in mr. reading's tryal , that he had formerly minc't his evidence against mr. whitebread , which was plain perjury , since he then swore , to speak the whole . truth , as well as nothing but truth . mr. langhorn ( though he thought he had hard measure ) patiently acquiest , for he was a very quiet and modest man ; and then the court called the witnesses that proved ( in the preceding tryal ) oates's being here in april ; but all of them in some material thing or other ‖ varied from their former depositions ; for , walker the minister ( finding it necessary to advance in his computation about the time when he drew oates the next morning within the scheme of his knowledge ( as he worded it in the former tryal ) tells us now , † that he believes it was in april , and towards the middle of it , though in the said former tryal he made it every whit as likely to be in the ‖ latter end of march ; and yet half april could not then serve ( you see ) oates his turn . but cicily mayo on the contrary ( finding it as necessary to shorten her time ) will have it , * that it was a matter of a fortnight before whitsuntide ( as she remembers ) when she saw oates at the doctor 's ; & yet before , she not only depos'd , that it was the week before whit suntide ( or may the ) but that he came again to them a week after . as for the doctor or knight himself ( who was to assure the court that his servants told him of oates his visits ) he now tells us , that he was then sick in the * countrey , whereas before he swears in these words , ‖ at that time ( says he ) that they have given in evidence , i was abroad , as my business leads me often abroad into the countrey ; and then he add's a little after , that upon the visit of a gentleman he fell ill , in which time oates was gone , but upon his recovery ( to wit in june or july ) he came to enquire for dr. tongue : so that if the said doctor or knight were sick and out of town from february , to whitsun week or latter end of may , as his * coach-man and † he both now depose , what becomes of his boy page's testimony , that remembred ( the day before ) oates to have been at his masters in the beginning of may , because his said master had a patient in ‖ i slington sick of a feavor ; nay , what shall be thought of the said doctor himself , who ( to vouch the boy , and to satisfy the jury ) swore then , that that patient of his was * aldram milvers daughter , when as here we find him not in the country about his business , but under the care of doctor needham , and to be a patient himself by his own confession for a great many weeks together . the school-master's also shewd that he understood his business ; for having well consider'd mr. gavans late inferences , he swore at present only , that it was on the first munday in may , * to the best , for sooth , of his remembrance , and , as he takes it ; which are expressions far different from the words yes i do , when ▪ the judge askt him , ‖ if he swere positively and directly . as for clay the old priest , he was confronted by mr. charles howard ( the duke of norfolks brother ) who was only examin'd , though his wife and two servants were also present to attest , that oates was never with them after april , till july , . nor were these the sole witnesses that were past by ; for it had often happened thus both in this and the jesuits tryal , there being above , who never came to their examinations , either for want of hearing or of being called . now because mr. howard fear'd his testimony in court might be alter'd by the writers of the tryal , he gave the following account to several of his friends , under his own hand , one of which came accidentally into mine : nay he sent one to oates himself , to the end no foul play might be us'd with him . an account of what the honourable charles howard said at the old baily , june , . . as he attest's under his own hand . june , . . at the old baily i'was examin'd how long i had been acquainted with mr. oates , and at what times i had seen him ? i answered , that i had bin acquainted with him two years or something more , that i did see him in arundel house , in april . that upon the fifth day of may following my son charles died . and that i have another son living ; that after that time i did not see dr. oates until the third day of july , . that after the said third of july , mr. clay did see dr. oates with me at arundel house in my chamber , and not before in my sight , but how many times i do not remember . that possibly mr. clay might see dr. oates before i did , but as to that , i could say nothing . charles howard . besides , it must be remembred , that mr. howard ( above a moneth before ) had bin examin'd by a committee of the lords about this business , in the presence of clay and oates , where he satisfy'd their lordships so well by the time of his son charles's death ( who had ( as he told the said lords ) bin examin'd or posed by oates in april ) and by many other circumstances concerning the whole matter , that clay himself confest he might be mistaken in time , and that since mr. howard ( who had a better memory than he , ) sayd oates was not at his house in april . he would no longer gainsay it , or words to that purpose . mr. langhorn being found guilty , was condemned with the five jesuits that very day , and on the fourteenth of july he was drawn to tyburn , where he publickly declar'd his innocence , as appears by the following speech , which he left written under his own hand . mr. langhorns's written speech , and prologue . in regard i could not foresee whether i should be permitted to speak at my death , so as to make a publick declaration of my innocence and loyalty , as a christian ought to do ; considering likewise , that if it should be permitted unto me , it would be more advisable for me rather to prepare before hand , and set down in writing the very words in which i should make my declaration , than to trust my memory with them ; to the end that the same may be well considered of , and digested by me , and that all mistakes might be prevented , as far as may be : i say , in regard of this , i have in the present paper reduced what i have to declare , as to my innocence and loyalty ; and 't is in these following words . i do solemnly and sincerely , in the presence of almighty god , profess , testify and declare , as followeth : that is to say , . that i do with my heart and soul , believe and own my most gracious soveraign lord , the kings majesty , king charles the second , to be my true and lawful soveraign , prince and king , in the same sence and latitude , to all intents and purposes , as in the oath commonly called , the oath of allegiance , his said majesty is expressed to be king of this realm of england . . that i do in my soul believe , that neither the pope , nor any prince , potentate , or forreign authority , nor the people of england , nor any authority out of this kingdom , or within the same , hath or have any right to dispossess . his said majesty of the crown or government of england , or to depose him therefrom , for any cause or pretended cause whatsoever , or to give licence to me , or to any other of his said ma●esties subjects whatsoever , to bear arms against his said majesty , or to take away his life , or to do him any bodily harm , or to disturb the government of this kingdom , as the same is now established by law , or to alter , or go about to alter the said government , or the religion now established in england , by any way of force . . that i neither am , nor ever was , at any time or times , guilty so ( much as in my most secret thoughts , of any treason , or misprision of treason whatsoever . . that i did not in the month of november , or at any other time or times whatsoever , say unto mr. oates , or unto any other person or persons whatsoever , in relation to my sons in spain , or either of them , or in relation to any other person or persons whatsoever , that if they did continue in the world , ( as secular priests , of otherwise ) they should suddenly have great promotions in england , for that things would not last long in the posture wherein they then were ; nor did i ever say any words to that or the like effect to any person or persons whatsoever . . that i did never in all my life-time write any letter , or other thing whatsoever , unto , or receive any letter or other thing , from father la chese , or any french jesuit whatsoever , or from father . anderton , or cardinal barbarino ; or any other cardinal ; nor did i ever see any letter , or the copy of any letter , or other paper , or other thing , written or purporting to be written unto the said la chese , or unto the said father anderton , or the said cardinal barbarina , by any person or persons whatsoever , other than the printed letters , printed in the narrative of the trial of mr. coleman , lately executed , which i never saw otherwise than in the said printed narrative ; nor did i ever hear any mention made by any person whatsoever of the name of la chese , or father la chese , before i read the said printed narrative . . that i did never in all my life-time make any entry or entries , into any book or books , or take , or make , or write , or cause to be written into any book or books , or otherwise any letter or letters , or any copy or copies of any letter or letters , written by the said edward coleman , to any person or persons whatsoever . . that i did never in all my life-time enter or register into any book or books , paper or papers whatsoever , or take , or make , or write , or cause to be written , any copy or copies , of any act or acts , consult or consults , determination or determinations , order or orders , resolve or resolves , or other matter or thing , at any time made , determined , resolved , passed , decreed or agitated , at any congregation or congregations , consult or consults , chapter or chapters , assembly or assemblies , of the society or order of the jesuits , or of any other religions order whatsoever ; nor did i ever see , read , or heard read , nor did any person or persons , at any time whatsoever , ever communicate unto me , any such act , consult , determination , order , resolve , matter or thing whatsoever . . that i did never in all my life-time , to my knowledg , belief or remembrane , see or speak with mr. bedloe , who gave evidence against me at my tryal , until i saw him in that court wherein he gave evidence against me . . that after the moneth of november , which was in the year of our lord . i did never see or speak with mr. titus oates before named , until i saw him in the same court where he gave evidence against me at my tryal . . that i did never see in all my life-time , to my knowledge , belief or remembrance , any commission or commissions , pattent or patents , grant or grants , order or orders , instrument or instruments , writing or writings , or other matter or thing whatsoever , under , or pretended to be under the hand and seal , or the hand or the seal of johannes paulus de oliva , or any other general of the jesuits whatsoever , other then the paper or instrument produced and shewed unto me in the said court at my tryal , which whether it was signed or sealed by the said de oliva , i do not know . . that i did never in all my life-time write , or cause or procure to be written , any treasonable letter or letters whatsoever , or any thing which was or is treason , or treasonable in any letter or letters , book or books , paper or papers , or otherwise howsoever . . that i believe , that if i did know , or should know of any treason or treasonable design , that was or is intended , or should be intended , against his said majesty , or the government of this his majesties kingdom , or for the alteration by force , advice or otherwise , of the said government , or of the religion now established in this kingdom , and should conceal and not discover the same unto his said majesty , or his said majesties council or ministers or some of them ; that such concealment would be in me a sin unto death , and eternal damnation . . that i do believe , that it is no ways lawful for me to lye , or speak any thing which i know to be untrue ; or to commit any sin , or do any evil , that good may come of it . and that it is not in the power of any priest , or of the pope , or of god himself , to give me a licence to lie , or to speak any thing which i know to be untrue , because every such lye would be a sin against truth : and almighty god , who is perfect truth , cannot give me a license to commit a sin against his own essence . and i do solemnly in the presence of god , profess , testify and declare , that as i hope for salvation , and expect any benefit by the blood and passion of my dearest saviour jesus christ , i do make this declaration and protestation and every part thereof in the plain and ordinary sense , wherein the same stands written , as they are commonly understood by english protestants and the courts of justice of england without any evasion , or equivocation , or delusion , or mental reservation whatsoever . and without any dispensation or pardon , or absolution already granted to me , for this or any other purpose by the pope or any other power , authority or person whatsoever , or , without any hope , expectation or desire of any such dispensation ; and without thinking or believing that i am or can be acquitted before god or man , or absolved of this declaration or any part thereof , although the pope or any other person or persons , or power or authority whatsoever should dispence with , or take upon him or them to dispence with , or annul the same , or declare that it was , or is , or ought to be null or void in part , or in the whole , from the beginning , or otherwise howsoever . having made this declaration and protestation in the most plain terms that i can possibly imagin to express my sincere loyalty and innocency , and the clear intention of my soul , i leave it to the judgment of all good and charitable persons whether they will believe what is here in this manner affirmed and sworn by me in my present circumstances , or what is sworn by my accusers . i do now farther declare , that i die a member ( though an unworthy one ) of that holy catholick and apostolick church of christ , mentioned in the three holy and publick creeds of which church our lord jesus ▪ christ is the invisible head of influence , to illuminate , guide , protect ▪ and govern it by his holy spirit and grace , and of which church , the bishop of rome , as the successor of st. peter , the prince of the apostles , is the visible head of government and unity . i take it to be clear , that my religion is the sole cause , which moved my accusers to charge me with the crime , for which upon their evidence i am adjudged to die , and that my being of that religion , which i here prosess , was the only ground which could give them any hope to be believed , or which could move my ju●●y to believe the evidence of such men . i have had not only a pardon , but also great advantages , as to preferments and estates offered unto me , since this judgment was against me , in case i would have forsaken my religion , and owned my self guilty of the crime charged against me , and charged the same crimes upon others : but blessed be my god , who by his grace hath preserved me from yeilding to those temptations , and strengthened me rather to choose this death , than to stain my soul with sin , and to charge others , against truth , with crimes , of which i do not know that any person is guilty . having said what concerns me to say as to my self , i now humbly beseech god to bless the kings majesty with all temporal and eternal blessings , and to preserve him and his government from all treasons and traitors whatsoever , and that his majesty may never fall into such hands , as his royal father of glorious memory fell into . i also humbly beseeh thee ( o god ) to give true repentance and pardon to all my enemies , and most particularly to the said mr. oates and mr. bedloe , and to all who have been any ways accessary to the taking away of my life , and the shedding of my innocent blood , or to the preventing the king's mercy from being extended unto me ; and likewise to all those who rejoyced at the judgment given against me , or at the execution of the said judgment ; and to all those who are or shall be so unchristianly uncharitable , as to disbelieve , and to refuse to give credit unto my now protestations . and i beseech thee ( o my god ) to bless this whole nation , and not to lay the guilt of my blood unto the charge of this nation , or of any other particular person or persons of this nation . unite all ( o my god ) unto thee and thy church , by true faith , hope , and charity , for thy mercies sake . and for all those who have shewed charity to me , i humbly beg ( o my jesus ) that thou wilt reward them with all blessings both temporal and eternal . july , . r. langhorn . mr. langhorns's speech at the time of execution . when the hangman was putting the rope over his head , he took it into his hands , and kissed it . afterwards he said : i would gladly speak to mr. sheriff how ; who coming up to him he addressed himself thus : mr. sheriff . i having some doubt , whether i should be suffered to speak , in relation to my innocency and loyalty , i did , for that reason , prepare what i had to say , and what i intended to say in writing , and it is delivered into your hands , mr. sheriff ; and therefore for the particular and precise words and expressions , i do refer my self to that , and i hope you will be so just to my memory , that you will permit it to be seen . i shall therefore make only a short preface , and i do declare , in the presence of the eternal god , and as i hope to be saved by the merits and death of my dear jesus , that i am not guilty directly or indirectly , of any crime that was sworn against me ; i do not speak this to arraign the court of publick justice , either judges or jury , but those men that did swear it ; and the jury had liberty to believe , or not believe , as they pleased ; and i do like wise say , with the same averrment , that i did never in my life see any commission or patent , or any writing , or any other thing , under the hand of johannes paulus de oliva . &c. s. nor under no other hand . ? l. no , nor under any other hand , of any commission or patents , for the raising of an army , or any thing else against the king. s. what was the patent for ? for nothing ! l. i never saw any , nor do i believe there was any : and whereas i have read in a narrative , that i sent a commission by my son , to the lord arundel of warder , and that i delive'rd another to the lord petre ( or petres ) with my own hands , i take god to witness , that i never knew him in my life , or ever , to my knowledge , saw the face of that lord ; nor did i send or know of any thing that was sent to my lord arundel of warder , of that nature . s. shorten your business , you have , mr. langhorn , and your party , so many ways to equivocate , and after absolution you may say any thing . l. i refer my self to that paper i gave you , mr. sheriff . s. i think it is not fit to be printed . i will do you no wrong . l. i do not think you will. s. you have already printed a paper , or some body for you . l. sir , i did not print it , and it was done without any direction or permission of mine . the lord preserve his majesty from all manner of treason , and preserve him from falling into such hands , as his royal father , of glorious memory , fell under ; i pray god forgive my enemies , as i freely do those that accused me , those that witnessed against me ; and all others that either desired my blood , or rejoyce at the shedding of it ; and all persons that have any ways concern'd themselves with me , i freely forgive them with all my soul , and beg my dear jesus to forgive them , and all others . god almighty bless you , and bless the whole nation , and the government , and preserve it from all evil and mischief that i am afraid is coming on it , for the shedding of innocent blood. sweet jesus , lay not my innocent blood to their charge . i shall say no more now publickly . asked the executioner , whether the rope was right or no ? he said , yes ; and he asked him , whether he did forgive him ? to which mr. langhorne said , i freely do . i shall now recommend my self to god in private . s. you may have liberty . the writer . the lord have mercy on your soul. l. the lord in heaven reward your charity . crost himself , pray'd again . blessed jesus , into thy hands i recommend my soul and spirit , now at this instant take me into paradice ; i am desirous to be with my jesus ; i am ready , and you need stay no longer for me . concerning sr. george wakeman , mr. corker , mr marsh , alias marshal , and mr. rumley . these were tryed at the old bayley on the . of july , against whom dugdale first appearing , repeats his former story of his knowing long ago somthing of the ‖ plot , but more particularly , about two years since ; that the killing of the king ▪ and duke of monmouth was told him by the * priests and my l'd. stafford . that hartcourts letters ( besides others ) were ever directed to him , frought with the business of the plot ; that he open'd many of them privately , and that he kept those , he could not handsomly seal again ; which reader , infinitly amaz'd the auditory , as not being able to imagin , why if he were such a privado , he should play such tricks with his fellows , and especially when there was no design or advantage in it ; for he had not one of them to produce , as the ‖ prisoners urg'd ; nor could any body comprehend how the conspirators themselves should have letters of such concern intercepted , and not be presently in an uproar . then he said * that sr. james symons , mr. howard , mr. gerard and mr. adderley were to be officers in the army which was to be rais'd ; that he saw st. omer acquittances of july last , of the payment of the money for this affair ; that in a letter directed to him , there was also caution given . that no rumor should be of armes , or any thing else , till the king were dispatch'd ; but he could not now recollect , either who wrot it , or its date , or from whence it came , and yet 't was brought by the ‖ common post ; all which seem'd very strange to the court , nor did the prisoners ( besides the other mad assertions ) fail often to insist upon this letter , so that † dugdal ( being perplex'd & confounded ) was forc'd to run to another ( forsooth ) brought by a particular messenger , and communicated also to my lord aston , which at last prov'd as wild and odd as the former ; for it came he said , from paris , and from sr. john warner as he thinks , promising them not only all assistance , but advising them also to lay the kings murther on the king-killing presbiterians , which would make the church of england joyn with the papists , to cut them off ; and that my lord stafford , bellasis , and arundel did approve of this advice , by setting their very * hands to it , which reader was incredible . moreover he affirmed ( besides the notice of sr. e. godfreys death as before ) that my lord stafford ( who came down about july last ) offer'd him ‖ l. as a present encouragement for killing the king , and to be received at his arrival at london in october ; that they had all a great confidence in him ; for he had bin free of his purse in giving the priests † l. secur'd upon lands , and l. more on promise ; a passage * mr. corker made sport with , as thinking it very pleasant and prety , for him to give l. with one hand , for the promotion of the cause , and then for encouragement , to receive as much with the other . nor had d●gdal any better reply ready , than that my lord stafford ( he supposes ) knew not of the money given before by him ; which was far from answering the difficulty , why such a zealot as he should have encouragement for his bare personal help , even out of the present publick stock , especially when he ‖ confesses , the contributions were so backward , that mr. peter ' s complain'd to him of it . but the evidence that made the most mirth , both then and since , was mr. whites letter , sent by the common post ( as he also mentions in the former tryal ) to command mr. evers in express terms , to choose hardy persons to kill the king ; for the * expedient in case letters did miscarry ( which made not a few laugh outright ) was , that he the said dugdal should be the only person hang'd ; the jesuits having , ( as he assures the ‖ court so devised it , that they never subscib'd but two letters of their names , and the packet being directed to him , he was upon all accidents to deny it , and to observe the secrecy , ( which they had at least ten times sworn him to ) and then they could not be discover'd ( he said ) but must go ‖ free , seeing all was flung upon him . this evidence being thus without either head or taile , rhyme , or reason , the king's counsel told the prisoners . that it was not to affect any in particular , but to prove the plot in general , whereupon † sr. g. wakeman readily answered , that it was the worst made out , that ever any thing was , he believes . ●rance therfore being next , repeats also his old tale , ‖ and among the particulars , of my lord arundel's butler's acquainting him that the king was to be killed by mr. messenger and then mr. messenger's answering him afterwards in surprize when he found ●rance knew it , that they were now off the business : and then he adds as new , that mr. paston told him , that sr. henry benningfield mr. stoner , and mr. talbot of long-ford had commissions to to raise an army , which was to be govern'd by the ld's bellasis , powis , and peters , as g●ove assur'd him , whilst he was buying silver spoons of him for a christning . then stood up a new witness , to wit , mr. robert jennison , who said , * that mr. ireland told him in june , ( his sister anne ireland being by , ) that there was hope of the restauration of their religion ; that only one stood in the gap ; and that it was easie to poyson the king : that he ( the said witness ) call'd it a horrid action ; that mrs ireland did rebuke her brother for talking so , who answered , that he thought it ought not to be done ; that mr. jennison reply'd that violence would never do the thing , it being a scandal to their religion , as appear'd by the gun-powder plot , which mr. ireland said , was a state-trick and cicils invention . that he was then a papist though now a protestant ; † that he went to windsor on saturday the th of august ; that on monday the th , he return'd about noon , and then positively saw mr. ireland in his chamber in russel street pulling off his boots as newly come from staffordshire . that mr. ireland ( upon his the said mr. jenison's telling him , that the king in his fishing divertisements at windsor had usually but three or four with him , ) answer'd ‖ he wondred he went with so few , for he might easiely be taken off ; that he reply'd , god forbid ; which mr. ireland qualifieing , he made no ill reflections on it , 'till after the discovery of the plot , and then speaking of it to his father and sisters ( for he went hence homewards on the th of september ) he said , to them , pray god there be nothing in the plot , for 't is suspitious by reason of my cousin ireland's discourse ; besides he writ ( as he pretends ) on the th of december last a letter of these particulars to one * mr. bowes , who produc'd it in court , and is since printed in mr. chetwins † narrative , where he declares , that all that he lays hold on in the kings then proclamation ( for the encouragement of discoverers ) was pardon for concealing the aforesaid circumstances ; for 't is all he can tell , as he hopes for the forgiveness of his sins , and eternal salvation ; nor did he ever hear ( as he hopes for life everlasting , ) either mr. ireland or any of them defend or maintain in the least , the damnable doctrine of , deposing kings , which made him have no ill opinion then of the expressions . one circumstance ( he says ) there is more , which has ( considering the times ) an ill sound with it , ‖ and then he will have clear'd his soul ; the circumstances is , that mr. ireland said ' twice or thrice at their parting , that he had some business to communicate to him , but when he urg'd him to tell it , he answer'd , he would take some other occasion to do it , but never did . thus , is seen , what this witness has said , or can credibly say as to this business ; for he that in a letter or otherwise , will with imprecations and oaths declare , he has no more to say to a thing , is upon any further evidence as much a perjur'd man in conscience , ( and consequently as little to be believed ) as he that deviating from his recorded despositions in a court of judicature , has been therefore punish'd with his ears as the law orders and awards . now that you may also know what this person is , i must tell you his father is a gentleman in durham of about a year at most ; he is the eldest son as to the estate , in case his brother thomas ( who they say is a priest ) turns not protestant after his example ; so that his temporal gain depends wholly on the spiritual loss , and popish blindness of the other ; who ( by the way ) is reputed a very notable and quick sighted scholar in all learning , and yet is as unfit a man , ( i 'le assure you ) for a plot of this nature , as ever was ; and truely so most of the conspirators have been . his father sent the aforesaid robert a while agoe ( with a small allowance ) to greys inn to study the law , but instead of it , he has learn'd to run in debt , and is a proficient to that degree ( as all that know him can testifie ) , that no body would longer trust him , and therefore was forc'd to pawn all the little necessaries he had . besides he has had a mother in law , by whom his father has a very plentifull stock of children , and consequently want's no heirs ; nay there is a third brother , besides daughters by the first venter , so that considering his late life and other accidents , neither oates nor bedlow had more need of their present employment and profession than he . as for his knowledge of the plot , or of mr. ireland's being here , take this short account ; that at easter last , ( the lords providing for their tryal ) summon'd by an order of the house several persons of quality out of staffordshire , as witnesses of mr. ireland's being there all august ; and among them madam harwell mr. jennison's aunt , his cousin her daughter , and others of his acquaintance came to town , whom he often visited , and show'd them also letters newly received from his brother thomas in new-gate , which mention'd several witnesses that could prove him in lincolnshire and else where in the countrey , whilst oates in his narrative says he was at consults here in london : nor did mr. robert fail of railing at the said oates and bedlow , and the rest of the cabal for their villainy ; and was so far from pretending then , that mr. ireland was in town on the th of august , that he knew his said relations were come purposely to prove him with them that very day ; nay ( on the of june , or the jesuits tryal ) he came to the three cranes among the crow'd of witnesses , and even usher'd into court his young cousin harwell to that very end , who ( besides several others ) * averr'd ( as it appears in the print ) that mr. ireland was to her knowledge every day ( but the th . ) in her mothers house , from the th of august to the th , the time he returned to tixhal . let the world therefore judge , what a witness he is ; and moreover it can , and shall be made appear by two and twenty persons ( many of them of quality , and many also protestants ) that mr. ireland was on the said th with his aunt in hampton , as i now mention'd . the like ill luck also befell sarah paine , who pitch't ( as you have seen ) on the of this month , as the day of her saluting mr. ireland in town ; for then he was in the midst of his holy well journey with in company , as my lady southcot and her family with several others of note and fashion will witnesse . here it was , that the king's council admonish'd the prisoners , † that now it would behove them to take notes , ( as if , reader , hector himself with all his god's were at hand ) and they no longer to be dallied with : whereupon oates being called he began at the first onset with the most stupendious circumstance that ever was heard of ; for he deposed , that mr. ash●y arriving here ill from st omers in july , sir george order'd him to go to the bath , and sending him a letter of physical instructions how to govern himself ( viz to take a pint of milk every morning , and as much at night , and stroakes of the pump ) he ( the said sir george ) mention'd in it , not only , poysoning the king , ‖ but that the queen would also assist him in it . then he proceed's saying , that he knew this to be sir george's hand by another letter a day or two after , which could not be but his , for sir george had it before him in a writing posture , and he saw him put by the pen , and found the ink not yet dry , nor was there any body else to write , mr. ashby being lame . that oates heard ashby talk to him of the commission he had received of being physitian to the army ; that presently there came one sir richard or sir robert ( a brisk man , about years old ) to call father keines , langworth , fenwick , hartcourt , and another to wait on her majesty at somersethouse ; that oates accompany'd them , and staying in the anti-chamber whilst they went into her room , he heard a woman , ( after expressing much zeal for her religion and the violation of her bed ) say , that she would assist sir george in poysoning the king ; that when the fathers came out , he ( oates ) desir'd to see the queen , who gave him a gracious smile , and spoke to mr. hartcourt in the former voice about l. nor did he see there any other woman ; and reader you may easily imagine how ridiculous this stuff seem'd to every body ; that a lady eminent in vertue , should not only make such a declaration in a publick consult , ( for the resolves of all consults are known at one time or other ) but also in the hearing of such a pittiful wretch as oates , who could help neither her nor any body else in any part of the plot more than the first kennel raker you meet with . after this , he tells the court , that he heard ashby ( in express terms ) offer sir george l. to poyson the king , which he refus'd , as too little for so great a work. * that mr. white sent to offer him l. more , which he accepted and received ; for he saw it thus register'd in the jesuits entry book , ( which langhorn sometimes kept ) , mem. the — day of august l. was proposed to sir george wakeman ; and then under it was written . received of mr. hartcourt by the order of ed. coleman l. in part . g. w. now reader he that can swallow such a register , or such unnecessary , and unheard of entrys , and memorandums , let him him never for the future think any thing either romantick , or sottish . as for † mr. corker , he say'd he had a patent , which oates saw in his hand to be bishop of london ; that he , being ‖ president of the benedictines , did consent to the raising of the l. contributed by them . that he heard mr. corker dislike the choice of pickering to kill the king ; * because he commonly attended upon the altar , and might miss an opportunity by being at high mass ; that mr. marshall knew of pickering's design ; and that he went * halves with coniers that the king should eat no more mince pies . that mr. rumley was privy to the giving of l. that he saw mr. marshall at the consult in august ; but mr. marshall asking him what day , he answer'd , ‖ ●twas a great priviledge he named the moneth . at last with much ado , he said , ' t was either the day before , or day after the ( th or ) assumption . whereupon mr. marshal answer'd with heat and briskness , now he hath avouch'd this positively ; so that oates fearing the consequence , cry'd ; nay i will not be positive , and continu'd so all along as good as his word ; only he said , that the benedictin consult , in which they had an account from a. b● . talbot of the irish affaires , was positively on the ‖ one and twentyeth if it fell on a wednesday , as it did ; which contradicts his former depositions ( and therefore he is not to be blam'd if he refuses to be positive ) for in mr. whites tryal , he fixes the † consult about sending the l . to the ruffians on this day ; and yet those two consults are by his account on different dayes all along . bedlo succeeding oates said , ‖ that being at mr. harcourts about the beginning of august , sir george came in angry and discontented at put offs , and askt mr. h. if he had any thing for him ; who after some words gave him a bill of l. saying , it was brought him by a gentleman . ( whose name bedlo had forgotten ▪ ) who received it from such a one , that said it was by the queen's order ; that the bill was charg'd on a goldsmith's ( as he thinks ) neer st denstans , but his name he had forgotten also ; that sir george upon reading the bill said●he found more encouragement from his good mistress than from all the rest ; * that sir george asking mr. hartcourt ▪ who bedlo was , answered , a friend long engaged in our business , and is to do the next great work ; which bedlo thought a sufficient answer to sir george's wonder , † that upon the first sight of a man he should discover such high and dangerous secrets . nay after sir george's protesting he had never seen bedlo before his now appearing in court , for he had too remarkable a face ( he said ) to be forgotten , bedlo replyed , that sir george was his physician three years before at the bath ; which by the premisses ( reader ) is absolutely false you see ; for how could sir george ask hartcourt now , who he was , or bedlo need mr. hartcourts character , if there had been such an ‖ acquaintance between them formerly , as he pretends ? bedlo moreover says , * that presently after this discourse in mr. hartcourts chamber , ‖ sir george told him the said bedlo near the temple , that the bill was accepted and would be paid in the afternoon , † that upon asking hartcourt a while after , he told him , that he the said hartcourt had made up the former summ , , l. it being for the old business ; for , if they should fail at windsor , then this way was to be taken , and if this fail , they should be sure to do it at new-market ; and that so was the discourse with sir george . that he had heard corker speak of a design , army &c , and of letters he had receiv'd from beyond sea in relation to it ; ‖ that mr. marshall was one that knew the affairs ; that he communicated all to sir francis ratcliff , and used to be one of the club that saw and examin'd the letters he brought . that for * mr. rumley , he heard he was one employ'd , when secret letters were sent into the countrey , and so knew of the plot. here sir george , asking bedlo , ( what day he had this bill , he answer'd , he had no dispensations ( as formerly ) to lie , and had no delight to damn his soul , and therefore could only tell him , it was in the beginning of august or thereabouts , nor remembred he any names but those relating to his business . now when the evidence came to be stated , the ‖ c. justice said , that bedlo had heard ( t is true ) doubtfull words told sir george , but that hartcourt had not fully spoken of the business to him in the said bedlow's presence ; so that in effect 't was no more than , that sir george receiv'd from hartcourt a bill , he know's not upon whom , nor for what . but bedlow being call'd to repeat his former evidence and finding now where he had been too short , ‖ declar'd , that hartcourt ( † in one intire discourse ) said in his hearing to sir george , this is to be well followed and closely observ'd , because so much depends on it , for if we should miss to kill him at windsor , or you miss in your way , we will do it at new-market . this impudent and notorious addition ; for if there were any hint of such a design in bedlow's before recited evidence , it was ( you see ) only in doubtful words , or as a thing told bedlo by hartcourt ; i say this impudent and notorious addition amaz'd the c. justice and most of the auditory ; but when sir george saw that some seem'd in earnest to allow it , and consider'd the fate of all that had been yet tryed , he turn'd himself to his fellow-prisoners , and with a disdainfull smile said , there is my business done ; but resolving nevertheless not to die a mute , he and they fell to their defence , the main of which is as follows . first sir george proved by the present mayor of bath ( his apothecary , ) * who had read ( and his son did the like ) the letter of directions for mr. ashby ; that there was not the least mention of the † king or queen besides the baths called by their names . that he had the ‖ physical part still by him , having torn it off the * bottom of the said letter , and that milk was ridiculous , and never prescribed by any physitian . oates being thus pinch'd , would fain have the milk to be mr. ashby's direction in town , before his going to the bath , and that there were then two letters . to this † sir george reply'd that it was non sense to think he should write ‖ two letters of directions for the same man at the same place ; and that mr. ashby went to the bath presently after the writing of them ; so that what he had order'd was for him there , which he prov'd by young madam heningham , and his man hunt ; for he attested , that his * master coming in late and weary , and understanding by him that mr. ashby was going next day to the bath , the said sir george made the witness write his directions ( mrs. heningham being also all the while present , who averr'd the same ) and that he carried them that very night to mr. ashby ; nor was there any mention of milk , only mr. ashby told him the said hunt , that a friend had advised , him to drink it . besides † sir george told the court , that oates at his first examination before the king and council , declar'd , he never saw him , and consequently could not see him write , that he charg'd him there so slightly that the board thought it not fit so much as to commit him . ‖ that he had his liberty days after his being accus'd before the council ▪ that when oates had accus'd him a new at the common's bar , the lords ( as appear's by the journal ) examin'd oates about this very pretended letter ; and when the chancellor askt him , if he knew sir george his hand , he answered , no ; and that he only knew it was his letter by being subscrib'd , george wakeman ; which is ( reader ) directly contrary to his present charge . then sir philip lloyd being called by sir george , he said , * that on the of september , oates declared in council , that fenwick writ to st omers , that sir george had undertaken to poyson the king for l. of which l. was paid by coleman ; that sir george deny'd the thing , and demanded reparation ; that the board not likeing his carriage , the chancellor askt oates , if he knew any thing personally more than by hear say , desiring a sufficient ground for a commitment ; that he lifting up his hands , answer'd , no ; god forbid i should say any thing against sir george , for i know nothing more against him ; and the said sir philip , for the truth of what he attested , appeal'd to the whole board . to this killing stroak and unquestionable evidence ; for every body knew sir philip durst not for his head have asserted a false thing , since the council ( before whom oates had depos'd ) would have certainly question'd him ; i say to this killing stroak , oates had no other answer , but his former to coleman , that he was weak by his two nights fatigue , and that he was not † compos mentis : whereupon the c. justice replyed ‖ that it requir'd not much strength to say he saw a letter under sir george's hand ; which was a plain and full answer also to * sir tho. doleman , who witness'd , that oates was in a very weak and feeble condition at the council ; for can any body ( reader ) life up his hands , and cry , god forbid i should say more than i know , and yet be so feeble as not to be able to say , i know he has written treason in a letter ? now when oates saw this foolish excuse would not do , he openly cry'd ; it was such a council as would commit no body ; which was not only a most rascally reflection , ( and for it the court reprehended him ) but a most notorious lye , since they secur'd every body , whom he personally accus'd ; i say this was not only a reflection , and a lie , but enough to perjure him also ; for if he thought that this partial councel would not secure sir george , then he has forsworn himself , by saying , that the remisness of his accusation proceeded from forgetfulness and lassitude . after this sir george desir'd that the record of the house of lords might be read , but the court † refus'd it , and then mr. corker began his plea. he told the court , ‖ that it was swearing with probable circumstances , that must render a man guilty and not a ridiculous charge by scandalous men ; for otherwise no-innocent person could ever escape an oates , or a bedlow , * that the record or lords journal shows that oates acknowledg'd he had nothing to say against any man but those already accused , and that his name was not there ; ‖ that when oates came to seize on mr. pickering , he & the officers ask't , who was in the house ? and when the names of mr. pickering , mr. corker , & mr. marshal were mention'd , they said they had nothing to do with any body but mr. pickering , as ellen rigby the house-maid attested ; which plainly mproves , that had mr. corker and mr. marsh been . traytors to oates his knowledge , they would have been apprehended also . that the said mr. corker was not president of the benedictines as oates had depos'd , and this he proved by three , to wit † madam sheldon , mrs broad-head and the said ellen rigby , who declared , that mr. stapleton was in that office , and had been so for many years . besides , this el. righby ( who had also with others attended the court the two former tryals ) witnest , ‖ that oates last summer came to their house a begging to pickerings , and that pickering bad her not let him come in any more ; which shew'd to all the court what a plotter oates was , being forc'd to beg even in the very heat of the plot , and contemn'd also by his pretended partisans . mr. marsh . added also ( and had the messenger in court ) ‖ that he sent for witnesses out of the countrey against his former tryal , and that they were then here to disprove oates's charge , but that neither his purse was sufficient to keep them , nor could their business permit them to come up upon any uncertainty ; bvt now the time being sure , if the court would respite his tryal for four days at most , they would be here he was confident . this being refus'd him , and the rest having done , he fell into an * harangue so pathetical , weighty , and moving , concerning the death of the former prisoners , and their present case , that it affected the whole assembly ; but it being thought at last reflecting , the c. justice gave him a reprimand , and then summing up the whole evidence he told the jury in short , ‖ that if they were satisfyd that oates and bedlo swore true , they would do well to find them guilty ; if otherwise to acquit them ; for they ought ( he said ) to consider their conscience , and not what the world would say . the jury then went out , resolving at the very first not to condemn them ; but two or three being timorous propos'd this expedient viz : to find it misprision , which they thought might satisfy the clamorous , and yet be no such great inconvenience to the prisoners , especially since the king 's merciful temper was known to every body . but the court declaring , that they must either be convicted of high-treason or discharg'd , they presently brought them in , not guilty ; for prance and dudgal ( the two collateral witnesses ) had made ( you see ) a most lamentable , and ( if possible ) a more ridiculous story of it then ever ; bedlo's impudent perjury , by his new and second evidenced ) was also so manifest and shocking that all good people abhorrd it ; and lastly oates his beggary ; his falsly accusing mr. corker of being president ; his ignorance of him and mr. marshall when pickering was apprehended ; and his not knowing either sir george , or his hand , ( as the said oates had himself declar'd to the council , and to the house of lords ) was so notorious , that no man could fear , that persons of repute and worth would do otherwise than they did ; and more especially since the scandalous and ill lives of these accusers were now written with a sun-beam , and no longer hidden from any body . an humble address to all worthy patriots , of what rank soever they be . having ( my lords and gentlemen ) given you this exact and short account of the late judicial proceedings ; for when should i have ended , had i not ( in spight of the continual follies that occurr'd ) forc'd my self to bounds ? i say , having given you this short account . i know not whether you are now more surpris'd ( for surpris'd i am sure you are ) at the strang incoherencies , nay , impossibilties , in the charge all along , or at the mighty weight of the defence , though the accusers themselves had bin men of repute and probity . for , after a sober and close consideration ( to which nothing can more conduce than an abstract , or compendium ) what have they lay'd at the dores of catholicks , that ▪ by its●monstrous and disagreeing parts , shows not it self to be wholly vain and chimerical ? or if any thing has at last bin reduc'd to the appearance of some little proportion , by the efforts , and skill of better artists , yet how has the positive testimony of so many vntainted persons still discover'd its defects , and consequently prov'd the whole as fabulous as before ? vntainted i call them , and with justice i may do it , who are not only masters of a reputation by law , but have also so liv'd among their neighbors and acquaintance , that their word has on all occasions bin as readily taken , as any body 's in the same rank and station ; when as there is not one witness against us , who has not either bin amost profligated wretch , by the unanimous consent of all that knew him , or given at least prognosticks by his poverty or temper , that the first opportunity would infallibly make him so . let us therefore consider a little the four props or pillars on which this scene of so much trouble , and distraction to the whole kingdom stands ; and having first taken a view of oates ; what can be said to his bare word , when i defy man-kind to produce any one of repute , who formerly knowing him , gave the least manner of credit to it ? do's not sir denny ashburnham ( a parliament man ) declare as much in * irelands trial ? and do not the ‖ records of hastings , and the order of council notoriously make it good ; for , being minister in that town , he accused young parker of sodomy , and attested it at the bar with all the oaths and impudence imaginable ; but the jury nevertheless brought in the prisoner not guilty , as remembring what an accuser he had , and understanding by their neigbours , that he was making merry with some of them at the very time of the pretended fact. this so enraged the very women of hastings ( as oates complain's in a bill of equity , drawn for his relief , after he was arrested by parker , in an ▪ action of the case ) that they stood at the hall dore with rods to whip him , and tubs of water to wash him when bloody , that so they might whip him again . did he not also accuse old parker the father ( thereby to hinder the son of all assistance ) of speaking scandalous and opprobrious words against the lords of the privy council ; which the king in person examining , ( as the then ‖ order testifies ) he forthwith graciously discharged the old man , having found by the certificats of the neigbouring justices , both his and oates's true caracter . infinite are his prancks of this nature in that very one place , and therefore , no wonder that such a witness should now ( in the house of lords ) swear , that mr. preston ( who is yet in prison upon that account ) was a priest , and his confessarius too ; when as the poor gentleman has not only a wife , and has lived in town with her these many years , even in the publick view of all catholicks , but has several at hand , that can prove the very marriage it self ? was not also his old pretended camarade ( mr. blundel , the jesuit ) taken by him with the like truth ? for the person is now found so far from being blundel ( and therefore one may plainly see how oates know's those he accuses ) that he is one of the caryls , who never went so much as by the name of blundel , nor has the least relation to the jesuits . there is no end of these kind of perjuries , as may be seen at first sight in his charge all along , and which by and by we shall again touch upon ; so that now we will treat a litle of bedlo , who by his former villainies has long agoe forfited all his lives , had he as many as cats are said to have . for does not every body know how he has taken upon him names of my l. cornwallis , gerard , nay of almost every body else ( whom accidents made to abscond ) the better to accomplish his pittiful tricks and designs ? has not mr. sanders of oxfordshire known this by experience ? how often has he bin forc'd to fly from chepstow by the officers of justice , that would have apprehended him ? was not captain spalding , ( the now governor there ) accus'd by him for a traytor , and papist ( though no man could shew a more constant zeal for the king and protestant religion , than he ) only because , he seis'd upon the horses he had stoln , as he would have done on him , had he not then gotten away by chance ? has he not committed a hundred late mean and wretched cheats here in london even for bread ? and has he not lain in ga●l ( as * books of the marshalsea , show us ) for seven mouths this very last year , and reduc'd also to the basket , though the spark were then ( forsooth ) every noble mans privado , and the great negotiator in the very plot ? h●s he not accus'd my lord brundel for a grand conspirator ( ●s his several depositions testify , and most particularly in the lords journal ) and yet , either his lordships conversion has made him as innocent as the child unhorn , or else his worship's testimony is lookt upon as false as it ought to be . but what shall we say of this unheard of , nay , childish perjury ; that whilst he was shirking ( as we see ) for a meer livelyhood , and dipt also in the plot ( as he pretends ) to the destruction of the king and government , he should scrupulously refuse l. to assist in the murther of sir e● . godfrey , and l. for carrying away his very body , which had not bin death , though known . but why should we wonder at any thing now , since a man could have the impudence to take his oath ( in a high court of judicature ) to say all the truth , as well as nothing but the truth , and yet at one trial we shall find him ( as you have seen in mr. white 's ) lay several positive treasons to his and mr. fenwick's charge , whenas in the former , he seemd hardly to know them ? is not prance also a witness of great value , were there ( besides the extravagancy of his tale all along ) no more to be urgd against him , than his notorious and solemn recantation before the king and councel ? for what can render a testimony invalid , if this will not ? nay , our very law which grants and supposes that there may be knights of the post , leaves them no possibility , or way to stop the mischief when begun , but by making ( as he has done ) an humble and hearty confession of their villainy ? but now , if on the one side , we consider the advantages he was to have by continuing an accuser ( as oates and bedlo too plainly showd him ) and on the other side , the inconveniences , that would necessarily ensue by a pali●ode or retraction ; for this was to make him a perjurd man ●n record ; this was to submit him to all the cruelties and hardships of a prison ; and this was to endanger his very neck ▪ as being an actor ( by his own confession ) in a great and horrid murther ; i say , if we consider all this , can there be any equality or proportion between one action and the other , let our greatest enemies themselves be the judges ? as pain then and terror drove this unhappy man ( as has been already hinted in the trial , ) to proceed , contrary to the touches of his own conscience , in this wickedness , so the motives that first induced him to it were revenge , and profit ; for what mountains had the success and good fortune of the forementioned couple created in his fancy ? and how quit did he imagin he should now be with the queen , for refusing to let his name ( though he were only a workman to the chappel ) be put into the list of her servants , after the late proclamation had banished all catholick artizans out of town ? now for dugdal● the fourth worrthy , both the town and county of stafford know not only what an idle and inconsiderable companion he was , but how ill he behav'd himself in my lord aston's service ; nay my lord took him in flagranti at last ; even making a tenant a debter , who had but just before show'd his lordship the acquittance for his rent . this put the fellow into the utmost confusion , especially when call'd to give up his accounts , which knowing he could not possibly do , he conveighed his things out of his chamber , and went away privately by night ; so that skulking a while , he was in the end arrested by some creditors , and then other great actions being ▪ enter'd against him , he laid hold on the kings proclamation , and presently knew the whole plot , with the management of it , as you● see , for several years together . 't is with the utmost regret ( my lords and gentlemen ) that i am forc'd upon this ungrateful subject ; but since impending dangers have made the very dumb to speak , what pen can stop in its cariere , when the writer sees not only himself and relations under the talons of such bloody vultures , but even his very countrey at their mercy also ? for if whole parties may be thus devoured , which of them , ( and in england we know there are many ) can assure it self , but the like trick may be put upon it ; especially seeing besides our transcendent loyalty and service to the crown ( which two of our great monarchs have amply own'd ) there was a time when episcopacy was as much hated as popery , and a time too , when papists were far more esteem'd , than any sictary whatever ? the changes and chances of time are ineffable : and therefore , let him that thinketh that he stands , take heed least he falls ; nor is the caution unnecessary , when we consider the precipice on which every good protestant is at present plac'd ; for how many of them have already been either sacrific'd to the private malice of these birds of prey , or singled out by them to satisfy some patron 's revenge ? nay what patron can really deem himself secure , since several that have stifly abetted them , have also felt their unparallel'd treachery and falshood ? fallacious without doubt is the world in general , but most fallacious are such particular servants ; yet how unconceivable is it , that these should impose or put the dice on any man , since their abandond and prostituted reputation was like a smoke by day , and a flame by night , to give every body warning of them . but seeing the death of sir edmund bury-godfrey , has with many bolster'd up their dying credit , some sew considerations and reflexions on that affair , cannot but be at present very pertinent and necessary . were it not a sufficient assurance to any one , even against the positive testimony of ten travellers , though of some ordinary credit , that the grand seignior did not send the visier here to kill this knight ; because , his death being of no import to him , he would never order so vain a thing ; and certainly the confirmation of it would be yet greater , were the witnesses of different stories among themselves ? if then ( my lords and gentlemen ) this be enough to show the falsity of such an evidence , we have it in our present concern , and infinitely more , which demonstrates the unspeakable wrong , that has been done us , or rather the poor nation in general . for does not every body know , that sir edmund-bury-godfrey was so far from being our enemy , that he was a friend to all , a most kind one to many , and in this affair , so extraordinary and particular , that he no sooner receiv'd oates his depositions , but he presently acquainted mr. coleman with them , who went to windsor and divulg'd the whole matter to all he knew . if no turk then can be thought ( with deliberation and in cool blood ) to kill another , that has neither done him harm , nor can bring him the least emolument by his death , what christians can be imagin'd so nonsensically stupid , as to lay their heads together , in relation to the murther of a person , who was so far even from accidentally provoking , that he had perform'd the utmost service on our behalf , that friendship it self could suggest ? but how unconceiveable is it now , that there should be such a number , and rabble of conspirators , and that they should execute this design , when not only his death would ( in the judgment of any fool ) infallibly ruin us all , if known , but when his life also was so infinitely useful to us ? for he was able , and he had also courage to confront oates , and consequently to witness how impudently , and beyond all measure he had now deviated from his former depositions . no wonder then , that the wits of our enemies every where have been on the rack to find pretences for this murther ; but after all , how ridiculous and weak they are , let any man judge that will ? did prance and his friends offer at better reasons ( and certainly they had time and concern enough for invention ) than , * that sir edmund-bury-godfrey was a busy man in the opinion of the priests , and that he had done , and would yet do us a great deal of mischief ; when as in the first place his kindness to us was ( as i have already shown you ) extraordinary , and in the next , what a work should we have on our hands , if we must kill all that are busy , and all that would do us harm ? as for bedlow , let us consider his account , and we shall find in it , ‖ that tongue 's and oates his information , was their sole drift and aim : nay the conspirators tell him forsooth , that the plot without these papers would be discover'd to that d●gree , that they should not be able to bring it to pass , till another age. is not this more than extravagant , and what bedlams do they fancy the people to be , that believe them ? for how could the assassines hope ( the plot having been a full fortnight before the councel , and several of the main plotters in prison ) that sir edmund-bury-godfrey had not already ( as de facto he did ) deliver'd up those papers to the board , or supposing the contrary , what expectation was there , that he should have them then in his pocket ? and lastly if they had been about him ; what advantage could men imagin by the action , when oates was still at hand , to give ( as often as the ministers of state pleas'd ) a perfect account of all he knew ? are these reasons for the killing of a dog , much less a man , that had acquainted us with the design even when it was a secret ? but now ( my lords & gentlemen ) what shall we say , when this is pretended to be done in somerset house , notwithstanding the queen's whole court , and god knows how many protestant guards were there to be alarmed at the least noise ; that this knight should be presently strangled ( though stout and strong ) by a feeble antient man without resistance or bustle , and with a cravat also ; that he should be removed into many different places of the house ( and that to no manner of purpose ) without ever being discover'd by any ; that he should for the most part be hid in a little lodging full of people , who neither saw him carried in or out , nor found him lying in the pretended chamber , which was both over against their dining-room , and a place also where the whole family , as it was ‖ proved ) were necessitated to go often every day ; that he could being a very tall man , be crowded when stiff into a sedan ; nay that the sedan could be not only conducted and carried out by men , that were then in other places ( as several , testified , ( you see ) at the trial ) but thorow the great gate of the palace too , without being scen by the centinels , though they never stirr'd a pikes length from it ? can there be within the reach of fancy such impossibilities ? yes ( my lords and gentlemen ) that bedlo should be offered almost ‖ three times more for this murther , than grove was to have for killing the king , and ( for the meer carrying away the body ) ‖ four times as much as dugdal pretends for his enterprise ; and yet the said bedlo refus'd ( as i already mention'd both these vast summes , though he were then an actual conspirator ( if you will believe him ) in the main of the treason , and in such want also , that he was forc'd to hazard his neck , or at least his back , by cheates and the like , for meer bread and necessaries . to conclude in short ; for i cannot now stay to trouble you with the different actors , and all the several contradictions which these two sons of belial mention in their respective accounts ; i say to conclude in short , can any man believe , if the accused had bin guilty , they would have denied ( with the utmost execrations ) the fact at the gallowes , when a single confession had saved their lives ; and especially , when one of them to wit berry , was a convert to the protestant church , and such a one also ( as the ordinary of newgate in his late * treatise declares ) as did much lament his ever having bin of our communion . shew me then ( my lords and gentlemen a plainer demonstration since the creation of the world for the innocence of any man , or more contradictions for the detection of an accusers villany ? yet if sir edmund must have bin made away by a consultation and cabal , lay it then i beseech you at some bodys dore , that had reason to wish his destruction ; and enquire ( as has bin formerly hinted to you ) of doctor loyd , who it was that told him , even before the finding of the body , that he lay murder'd with two wounds , and his own sword through him , as he publickly declared in his printed * funeral sermon . but since i have mentioned the solemn denyal made by those that were executed for it , i must desire your considerations on a new charge , i mean on the dispensations , which they say we have for our lying at our very death ; and truly before i begin i cannot but profess , that i know not whether i am more confounded with the infinit arguments that crowd on all hands , or with the thought that christians and those englishmen too , should soberly and in earnest charge us with so sottish and senseles a crime . for first , was there ever a party in this nation , that has so eminently as ours refused ( ever since the very reformation ) the preferments , to which their great birth and quality gave them pretences , or more heroically underwent the rage and fury of all the other lawes , when one halt , or one false step would have put them within the capacity of their birth-right ? have not all our protestant parliaments , ownd this ●mplicity by the penal acts , which from time to time they have made ; for he that denies it , makes them worse than gotams , since every body now knows , that no cuckow can be hedg'd in , that has wings to fly over the enclosure ? nay did they not explicitly also confess it , when in the next session , after the act passed , for putting catholicks out of ‖ offices , they publicly congratulated the success of the test , and then went on to new rigors ? are not these then invincible arguments , that there can be jugling with us in religion ? and do not they also amply prove , that we are ( as i first hinted ) the persons that stand most on principles , seeing there was not one man , of any one party here besides our selves , that left the least employment upon the score of the said test , though it commanded not only a kneeling at the communion , and a compliance with several other popish ceremonies , as they are call'd , but contained also some speculative points , which many of the church of england themselves thought very new and thwarting ? besides this i appeal to any man of fashion or credit ; that has bin of our religion ( and you may assure your selves he will not be over partial ) whether he has heard , that a catholick without mortal sin ( and any ill man may do it at that rate ) can deny the least point of faith , or whether we do not look upon every church papist , or any one else , that for by-ends , and other pretences defer's to reconcile himself , to be in a far worse spiritual state and condition ( let him be never so kind and advantagious to us by underhand favours ) than an open protestant following the dictates of his conscience and reason ? if then we are so se●●re in their life time with the nicodemus's and dissemblers in religion ( notwithstanding all the good they can do us ) what shall we be with those that sin at their death , even by calling god as witness to a ly ? we have therefore reason certainly to complain of our late usage , when thirteen christian men of great probity ( even among all their protestant friends ) should be decry'd as most infamous lyars , because with their last breath , they solemnly asserted an innocence , which was never question'd or blasted , but by the now testimony of four execrable persons , who did not urge the least circumstance , matter or thing against them , that depends not wholly on their bare word and credit . nay was there ever imputation more weak and silly than this , that the expression in their last speeches , as innocent as the child unborn , was misterious and design'd and yet every body knows it to be the common phrase of the kingdom , and that eighteen out of twenty will certainly use it , when they are to assert either their own or anothers innocence ? is it not also pleasant that there could be a dispensation for dissembling & lyes , when these poor men ( on the one side ) with their blood disown the power both in the pope and church , and we on the other , deny it also with the loss of our liberties and estates , seeing we could save both in any storm , if ( water-men like ) we could look one way and and row another . in the name of jesus , let us not impose such fanatical nonsense on our countrey ; for if you see that no person is at any time out of the reach of law , but some young , or looseman , that owns himself to the whole nation a convert and desertor , where is the benefit of these dispensations , if we had them ? but perchance his holiness is never thus indulgent , you 'l say , but when a plot of state is to be concealed ; and if so , i wonder first how he knows that no weak brother in hopes of life , will discover the design and stratagem ? for take but twelve protestants casually , and they perchance will hardly find many sureties , that all of them shall rather choose the gallows , than the alcora● ; and yet christianity is a far plainer doctrine than the pope's power of dispensing , even in the opinion of any jesuit . no ( my lords and gentlemen ) there is nothing but innocence can make us thus resolute and constant : nay humane nature it self is too impotent and feeble for such an enterprise ; it being impossible that any number of conspirators in the hands of justice , should all upon the strength of fancy , or their mutual promises prefer death to confession , especially when , besides self-preservation ( which their respective tempers and passions are still suggesting ) each of them may reasonably fear the weakness of his companion , and consequently deem it madness to be longer obstinate , and behind hand . in the next place , may i not truly say , of this pretended fortitude of ours what doctor pierce once fondly said of our religion , non fuit sic abinitio , it was not formerly thus ? for does not judge cook ( the then attorney ) in his famous speech against garnet acknowledg , † that all the treasons against her majesty , viz. squire 's , william's , york's , &c. were freely confes't by the parties themselves under their own hands , and that they remain'd yet extant to be seen ? how easily in the beginning of king james's raign , might the two priests , watson and clerke ( had the present doctrin bin true ) have sav'd the danger , or at least the scandal , which was to fall on their party ? for , being drawn ( you know ) into that protestant conspiracy , by the lord grey , cobham , rawleigh , &c. the queen 's old favourites ( who dislikeing this new prince , fancy'd a couple of priests sufficient to get them the assistance of spain and the other catholick princes ) it had then bin but swearing they were innocent , and taking it upon their death , that these ( their formerly known enemies ) had thrown the calumny on them to discredit their friends and religion with the king at his first coming ; i say it had bin but doing thus , at least ( i am sure ) if their consciences could have dispens'd with so horrid a thing , there was matter enough for pretences ; but on the contrary , how far were they from it , when they both publickly and humbly confest their crime against his majesty , and when watson also acknowledged that infamous death to be a just judgment for his former factious writings and designs , as may be seen in ‖ father moors history ? again , who had seal'd up their plot with deeper and solemner oaths , than the gunpowder traytors ; and if their religion could permit them ( upon a sober consideration ) to be obstinat , and to forswear themselves , what needed fawkes to have made so particular a confession and discovery , as is printed in ‖ king james his works ? for there was no necessity that his imprisonment , or the finding out of the mine , ( had the promise of secrecy bin valid ) must have discover'd his complices ; nay we find in the said treatise that he hufft in the beginning like a ‖ scaevola , and declar'd he would confess nothing , laying all the blame upon himself , which the wise lords of the counsel laught at , knowing that the gentleman being in hold , they would , for all his bravadoes , find presently ( and so it happen'd ) the depth of the whole intrigue . 't was the knowledg of this ( i mean , that in a discover'd treason there is no reliance on oaths ) that made winter with both t●e wrights , upon fawkes his apprehension post out of town , as he * confess●s they did ; for had they not bin desperate and without further hopes of secrecy and faith , they would never have run to seven or eight gentlemen , suppos'd then in armes , who had now up against them both king and kingdom to their own particular knowledg ; nor coul'd tresham himself escape you see , though he still continued ( as * how tells us ) about the court , that he might thereby seem wholy free and innocent . in fine their own declarations were such , that the publisher of the proceedings against them in the very epistle say's , that justice pass'd on the several confesions of all the capital offenders , which they openly confes'd , and confirm'd at their arraignments in the hearing of multitudes of people . and by the way , be pleased to remember , that no catholick ever denied this treason , only some question , whether protestant history it self dos not shew us , that cecil ( to ruin the party ) drew those fiery men into it by his subtil tricks and artifices . this one would think were more than enough to show you , how you are by ill men deceiv'd , and we abus'd ; but because no present pretence shall be left untoucht , i will speak a word of the two examples which our weak enemies deem so strong , and pertinent to prove this calumny . the first is of one curphy ( an irish papist , ) who being condemn'd ( they say ) in his countrey for burglary , deny'd it with great asseverations at his execution ; but the rope by chance breaking before he was quite dead , he thankt god , confessing the fact , and then ( in spight of the sheriffs great intercession ) was again hanged by the judge's special order and command . the next is of the before mention'd tresham , who protested , ( as they will have it ) in writing upon his salvation , and this just before his death , that he had not seen garnet in years , whereas garnet and mrs vaux did both confess , that they had been often since that time together . as to curphy then ( though truly i know not why any christian or pagan , should be responsible for every atheist or libertine of his pro●ession ) give me leave to ask first , how our adversaries can think this so nicking a blow ? for since they themselves must acknowledge him already to have been an impudent lyar and an ill man , why may it not be as possible , nay as probable also ( and then how is the argument convincing ) that seeing he could not save his life by asserting a trvth , he now hop'd to work on the judge , by attacking him with a lye on the other hand ; for the denying of a fact to death never pleases him , that gave sentence , especially if the evidence be in the least questionable ; nor was the said curphy's expectations it seems wholy frustrated , since the sheriff and others did ( as you see ) earnestly intercede for him . now for tresham , the case is plain , and at most but a poor simple womans project , and mr. att. cook cannot but † confess it in the aforesaid speech ; for there he tell 's us , that tresham's wife understanding with great concer●ment , that he had confest all against garnet , got him a little before his death ( even when he could not write himself ) , to dictate the protestation to her servant ; so that 't is no wonder ( since the meer changing of a word , nay a figure might do it ) if there were an error , as to the number of years in question . but ( my lords and gent ) if both the examples were as our adversaries would have them , what resemblance or analogy has the action ( i beseech you ) of a single man once in a century to twelve that dyed together , who were not only free from the least matter or circumstance , that could make them suspected , besides the testimony of most nefarious persons , but had also life add preferment offer'd them upon their bare confession . besides do they that thus charge us think their religion so harmless , or us so ignorant , that we can show no precedents against them of this nature ? certainly we can , and ( as i suppose ) much more to the purpose , nay witnest also by protestants themselves . for does not first that most learned new-gate-divine declare in the before mention'd ‖ treatise , that in his late experience ( as ordinary there ) he knew some malefactors condemn'd for murther and burglary to have gone out of the world with a notorious asserting their integrity , although they had twice or thrice confest to him , with some seeming remorse , that theywere justly condemn'd for the said crimes ; so that here reader we have not only protestant penitents denying the truth at their death , but a protestant confessarius revealing secrets ; and such another , or one at least very like him , hind ( the famous robber ) met with at worcester , being there convicted and hang'd by the evidence of his spiritual guide . but what do you think of a far more eminent example , to wit that of my lord castle haven , who ( as all the writers of king charles's reign will tell you ) was after a netorious ill life charg'd and condemn'd at last , for prostituting his daughter in law ; for holding his own wife whilst his servant forc'd her ; and lastly for sodomy it self ; and yet though these crimes were proved by several plain circumstances , by his wife and daughters testimony , and lastly by brodway and patrick , his abus'd patizans ( who were both hang'd for the facts , and own'd the committing of them to the last ) he at his execution most solemnly deny'd all , dying ( as * sanderson affirms ) not only a true protestant , but assisted also by his † chaplain's , to wit the dean of st paul's and doctor wickham . thus then you see ( besides the former evident and unanswerable reasons ) that we are not only free from this imputation our selves , but that the protestant doctrine is guilty of it , if the actions of some few men are sufficient to determine and adjudge the point . in fine then was it not very pertinently askt by the author of the new plot ; ‖ that seeing the councel of trent has positively declar'd , no absolution available which is not preceded by detestation of the sin committed , and seeing it is impossible freely to do a thing , and at the same time to detest it , how could it be imagin'd , that the late executed catholicks should hope for any benefit by such an absolution as is pretended , or be thought with the least appearance of reason to make use of so wretched an artifice to cheat the world , and manifestly to damn their souls , even according to their own profest doctrine and tenets ? besides do not our adversaries ( by this wild dream ) show not only their own barbarity and ignorance , but affront , and call villains the greatest and the most eminent parts of the civiliz'd world ? and certainly should one of them say to a knight of maltha , or to a teutonick knight , or to any other catholick cavalier , that he was not to be belie●ed , since he might by his principles lye an● forswear at pleasure , he would ( i must tell him ) be soon kick'd and bastanado'd for it . but ( my lords and gent : ) if this calumny which carrys some alleviation in it ( as having the ignorant and rabble for it's chief abettors ) be never the less shocking , what must the aspersion do , which is reviv'd by a nobler and learneder hand , i mean , by the present bishop of lincoln ? yet if it be a breach of christianity to crush the bruised reed , and of generosity also to trample on the oppressed , i wish his lordship may be found guilty of neither , and that there never rise any such , who , in hopes of applause , shall contrary to the light of their own consciences reprint a martyn-marprelate , a cobler of glocester , or any scandalous pasquil , should episcopacy , by some foolish accident or misfortune , fall again within the fury of the people . but who could think , that his lordships heat against us , should force himeven to a title that has confuted his whole book , viz. that popish principles and positions ( when really believed ) are destructive and dangerous to all kings , especially protestants ; for he cannot term them principles of faith , because they were never thus believ'd by any catholick , nor never thus approved of by the church , and consequently nothing to his purpose . but if on the other side he means , that there have been popish doctors of the opinion , that princes might be deposed upon the account of religion , what advantage i would fain know , can that be to his lordship or his treatise , since not onlyall the prime leaders of the reformation ( as luther , calvin , zainglus , beza , &c. ) have in express termes held the same , and in pursuance of it rais'd rebellions and confusions , in all countrys where they had footing , but also since very great pillars of the church of england it self have taught it too , as appears in queen mary's case , in that of the queen of scots ( who was at least the vnd●ubted heir ) and in later efforts also of the same nature ; and doubtless he that believes he can disinherit a lawfull successor with justice upon the account of religion , will hardly find arguments of force to keep the prince in being , on his throne , when ever this happen's to be imputed to him . nay we have several protestants here , who cry up the bishop of lincoln's book at a strange ra●e and yet avow this * printed doctrine : that god not only rais'd johu to purge the idolaters of ahab's house , &c. but that there is no reformed church from the first waldenses to this day , that have not held such a procedure lawful . these things consider'd , ( as they have been often ( i dare say ) by his lordship ) he expected not certainly of us to think , that he believ'd what he writ ; for then we should ( he knew ) have requir'd him to shew us at least , some catholick potentate or other ( nor want they worldly wit or inclinations , we see ) abandoning this pretended dangerous and troublesom religion , either out of ambition or safety . no ( my lords and gentlemen ) that is now a thing hardly within the reach of speculation ; for , who find themselves so flourishing and great , as they ? or can it be said , that the monarchy of england has gotten by the reformation , when protestants acknowledge , ( and what desperate enemies that has created us , may be easily imagin'd ) that nothing but popery , or at least its principles , can make it again emerge or lasting ? does not his lordship therefore play at cross-purposes with us ? and is not his meaning in truth this , that protestant principles ( when really believ'd ) are-destructive to all kings , and especially to catholick ones ; since we see , that the lawful monarchs and princes of england , scotland , swedland , denmark , the vnited provinces , transilvania , geneva , &c. have been actually depos'd by their protestant subjects , not only as florimundus raimundus , and popish writers shew us , but as dr. heylin , and other protestants have laboriously made it appear ? nor has the pope , in all that time , pretended to the giving away of any crowns , except those of france and england ; for the defence of which , several zealous and noted catholicks appear'd as well with their swords as pens . nor could this imputation have been worse timed , as to his lordships purpose by him , seeing there was a protestant rebellion then actually in hungary , to the great danger of christendom ; and another newly broken out in scotland , for the subversion of the english monarchy ; and this also usher'd in by the barbarous murther of the arch-bishop of st. andrews . what parity then is there between vs , and our adversaries , either in our actions , or books of this nature ? and truely ; we are so far from holding the deposing power of the church , an article of faith , that the greatest defenders of it have absolutely declared the contrary . for does not cardinal peron , in his famous speech to the nobility of france , tell us , that the proposition is problematical ? and does not c. bellarmine , the pope's great champion , in his answer to barclay , ( who writ so smartly against it ) call the assertion only ‖ arrogant and temerariovs . in short , there is no writer , though never so zealous for the opinion , that sayes , that men of the contrary sentiment are out of the state of grace , ( as in truth they are ) that asse●t not to articles of faith. this also plainly shews , that no council ever impos'd it on our belief , seeing it has been , and is still without censure denyed , even by those , that would dye for the pope's supremacy . nay ( besides former authors ) the catholicks ●f england have written * four books ( since the king's restauration ) to this very purpose ; i say , the catholick's of england have done it , who are so scrupulous in doctrines of faith , that they deem it damnation , to deny the least article , and therefore will not ( you see ) to save their lives and estates , profess one thing , and believe another . but his lordship ( which adds nothing to his ingenuity ) is so far from answering these authors , by shewing their fallacies and errors , that he never so much as cites them to this purpose , so that we must conclude them unanswerable ; for he could not but have heard of them , when we find him pretending to so great an insight in all our books , that ( to shew his reading ) he has quoted our very almanack . but since his lordship has mention'd this notable tome , i hope he will not take it ill , if i say , that his whole work has been already answered by a treatise of the price and value of an almanack ; i mean , by one of the common * london-gazets . for was it not a home blow , and a just one also , that in the thus publishing of his erroneous book to the nation , which pretends popery so destructive to kings , there should be there proclaimed , even in the very next advertisement , the trials of twenty-nine protestant regicides , as deposers and murtherers of their glorious soveraign under the cloak of justice ; a villany of a dye , which the worst of papists never yet arriv'd to ? but to go on yet further in our vindication , was there ever on the one side , any catholick country , or pope , that has censur'd either man or book , for the denying the said deposing-power of the church ? and have not the venetians on the other side , openly profest it in their very writings ? has not mariana's opinion been condemned in spain , and yet his lordship * cites this author against us ? has not ‖ sanctarellus's book been censur'd in france , with all the formality imaginable ; as also bellarmine , suarez , schoppius , and others of the same subject ? and have not the college of sorbon , the vniversities of paris , caen , rheimes , poitiers , and god knows how many others joyn'd in this condemnation ? nay , does not * bishop moutague himself tell us , that not only becanus was corrected at rome , but that no state dis-own'd this ( independency ) or power of kings . this then being matter of fact , and this being the publick declaration of the church of rome , may i not with justice call upon his lordship to turn to our religion , seeing in the very last paragraph of this his book , he professes , that if any popish priest , or gentleman , can make it appear , that the church of rome by any publick declaration , has disown'd such principles , and damn'd them as erroneous and impious , he will turn ( one of the worst sort of christians ) viz a roman catholick . truly ( my lords and gentlemen ) i shall expect this of him , or he is not as good as his word : besides , i do here declare , that supposing the premisses , to wit , that the chief reformed doctors have speculatively taught this deposing doctrine ; that they have actually depos'd and murder'd their princes , upon account of religion ; that the catholick princes are more absolute , than the protestant ; that our monarchy of england is not a whit safer or powerfuller , than formerly ; that catholick kingdoms and states have condemned the said doctrine : that no catholick country , or pope , has censur'd any that have done so ; and that no council ever imposed it on our faith : i say , granting these premisses , ( which are also of themselves evident ) i do here declare , that i my self will turn protestant , if his lordship shews me but one single paragraph in all his book , in relation to our dangerous principles , ( which is the scope of the whole ) that is not here , either fully answer'd , or does not at least wound the whole protestant party by its consequence , more than vs : and more-over , i must tell his lordship , he may find a great deal more to this purpose , in the before-mention'd † reply to the answer of the catholick apology . to conclude , let me once more remind his lordship of his promise , and then tell him ( for i know he is a man of parts ) what dr. taylor said to a friend of mine , concerning his disswa●●e from popery , viz. that though 't were lik'd , yet 't was but turning the tables , and he could write a book twice as good . having thus ( my lords and gentlemen ) run over in hast , the odd pretences , and accidents , that have been so advantagious to the saviours of the nation ; i shall desire you before we part , to take a second consideration of them , ( for second thoughts are still the best ) and then you will find more extravagancies in their relations , than in any romance extant . for ' bating the ridiculousness of the army we were raising , when the king had forty thousand men in pay , besides a very considerable fleet ; and ' bating the wildness of civil and military commissions , granted ( as both oates and bedlow have it ) to a whole nation by the general or superior of religious men , and seal'd with the very seal of their order ; things that would make not only a canonist , but any forreigner run mad to hear of : and ' bating the carrying on by † eighty-six men and women , the fire of london , in as great a method , as the machins move in ba●tholomew-fair , without any bodies being ever yet taken in the action ; and bating ‖ oates his particular story of the jesuits plundering during these fires , to the value of several thousands of pounds ; of magazins full of stolen goods , orderly brought and received ; * of their taking a thousand carracts of diamonds from a man , who escap'd and run away , after they had knock'd him down ; and no words ever made in london , either of him , or the loss : † of their banc● of one hundred thous●nd pounds , and lending it out at fifty per cent : ‖ of entry-books for all the treasonable debates and resolves ; of acquittances of money , received for killing the king ; of poysoning of silver-bullets , by chawing of them : of gathering peter-pence ; and of a thousand such unconceivable whimfies , which appear in the trials , in the journal of the lords , and in the narrative printed by oates his special directions , and also solemnly sworn to by him : i say , ●bating this ridiculous and unconceivable stuff ; how was it possible , that the jesuits should make this fellow so particular a confident , when the whole world sees he is master of no one thing , that could render him in the least advantagious ? for , being a beggar , he could not tempt them with money ; being a weaver's son , and ( like one of jeroboam's priests ) of the meanest of the people , he had no relations to countenance , or help them ; being no manner of scholar , but as ignorant as any other poor curate may be imagin'd , ( for i will be a bond slave for ever , if he can translate six lines into latin , without a solaecism ) these jesuits could not have the least hopes of him that way ; being no greater a linguist than his mother made him , there was little expectation of his proving a good trouchman or interpreter : in fine , being also ill in his mine and beh●viour , ill in his elocution , ill in his writing , and ill in every thing else , that can recommend one man to another , how was it possible , ( as i mention'd ) that they should make him such a particular confident , as he pretends ; and especially , send one of this guise ambassadour to the crowns of spain and france ; i mean , to don john , and fa ▪ la chaise , as he has sworn ? now , though these english fathers should be such easy and silly men , how came it i would fain know , or what wonderful advantages could be propos'd to the general , and his assistants at rome , that they must grant him those privileges , that were never before heard of , since the institution of their order ; to wit , that a lay-man should be admitted into their congregations and consults ; and more-over , should have power ( as you have heard in † mr. col●man's tryal ) to open●their very betters ? but suppose , that the refined romans are in truth , as weak as the tramontans , what did our gentlemen , nay our neblemen , and the queen her self , find so admirable in oates , that they should so unanimously also receive him for a privy-councellor ? has the recommendation of a jesuit , or two such power , as to make men of this ranck , trust their lives , honours , and estates ▪ in the hands of one that could not be so serviceable to them , as any of their respective footmen ; and yet no part of this plot was thought fit ( it seems ) to be communicated to my lord shrewsbury , my lord arundel , my lord brudnel , my lord lumley , or to any of the other late converts , who were ( one would have thought ) as likely to be then trusted with any thing that tended to the wealfare of our religion , as the heroes , that now appear as our accusers ? but after all the mighty and great employments , which this fool boasts of , could any body have thought him yet so simple , as to declare upon oath in the face of the world * that the business they sent him now into england about , was , to kill doctor tongue for having translated the iesuits morals ; as if that forsooth were an action so horrid and inconvenient to the whole catholick cause , that it deserv'd such a punishment , even in the principal time of the plot , and by his hand also , that manag'd the whole , and knew all the secrets of it ; nor was his reward ( though one might be hang'd as well for doctor tongue as sir edmund-bury godfrey ) any more than fifty pound , as he swears in the † lords journal , and in his * narrative . is not this a happy poet , to flag thus in the very top , and flight of his fancy ? and does he not also , ( do you think ) well personate his former offices and caracter , when in the lords journal he swears ; that collonel roper gave him ten shillings for bringing him his comission , a gift ( one would have imagin'd fitter for an ordinary keeper , that brought him a hanch of venison , than a present for a great envoye and states-man ? but money and he were ever such strangers ( that according to his idaea ) the sums and business did fully quadrate and agree . neither was his foresight greater in the story about collonel howards , commission , for in the lords ‖ journal he not only swears , that he himself delivered him one in wild●garden in may or june , but tells us also in his † narrative , ( to make it a clear and indisputable lye ) that the said collonel deceast , confest he had received and accepted his commission ; for , had this bin true , would not the king do you think ) would not the council , would not the parliament , and would not the whole nation have told us of it , as having now found out the thing , they had so long sought after . but why do i stand thus on a single perjury , when there are undeniable and evident ones in every trial. for in mr. coleman's , does he not ( besides a hundred other falsities ) accuse him , of sending relief from london to the ruffians at windsor , on the twenty first of avgvst , when as all his servants could attest , that he was then , and several days before in warwick-shire ? does he not swear in mr. ireland's , that he the said mr. ireland was in town between the eighth and twelveth of that moneth , though he were notoriously and constantly absent from the third to the fovrteenth of the following september , as i formerly show'd you ? is he not forsworn in hills tryal , for saying that sir ed. godfrey told him , that he went in fear of his life by the popish party ; whenas he has since declared in the presence of several , that this knight was ( he believed ) a papist ; that he frequented the benedictins ▪ and was most cruelly threatned by a protestant of great power and interest . is he not also forsworn in sir geo. wakeman's trial by the testimony of sir philip lloyd , and the clear proof of mr. corkers not being president of the benedict●ines , as he positively swore he was ? and as for mr. langhorn's and the jesuit's tryal has he not among his other egregious untruths depos'd , that he was in town the twenty fourth of april with sir thomas preston and sir john warner , whenas six have plainly proved ( you see ) the last perjury , and fourteen the former . but now , that i mention these st. omer witnesses let me appeal to you , my lords and gentlemen , if such testimony be invalid and not to be beleived ( because they have studied under the jesuits , or witness for their own party . ) whether there can be any more commerce between nation and nation , and whether it lies not in the power of a villain to father what ridiculous fact he pleases , on any man , as committed in the very streets of paris , without p●ssibility of desproving him , though a thousand persons could testify the contrary to their own certain knowledge ; for there are few there comparatively , that are not catholicks , and of them also that study , most have bin taught by the jesuits ? besides if this doctrine had bin formerly allow'd of , how easily might all the cavaliers in england have bin destroy'd in the late times ? for ( seeing parties convers chiefly together ) it had bin but finding out an oates and a bedlow , and then any charge must have past muster , if the testimony of other cavaliers were to go for nothing ? 't is not bare swearing ( as mr. corker well observ'd ) that makes an evidence credible , but probable circumstances , together with an absolute and intire proportion , which is always the concomitant of truth . as for those youths then , many of them were gentleman , and of prime families too , ; many had left the school , and had no more to do with the jesuits ; nay some ( as oates tells us of hildesley's usage in † ireland's tryal ) had piques and grudges against them ; nor did they averr any private intrigue , but a thing obvious to a whole college , which consists of about persons , and might if false be contradicted to their shame when they least dream't of it ; i say , they averrd a thing obvious to the whole colledge ; viz. that oates was constantly there , but one night , from his first coming to his expulsion or going away for good and all . besides their testmony was not single , and barely said , but confirmd by sir john warner and sir thomas preston's not being in town ; by the before-mention'd improbabilities of oates his admitance to the knowledge of such weighty affairs ; by his extreme poverty all along ; by mrs grove and her maid , where he pretended to have lodg'd ; by the mrs. of the white horse tavern , who deny'd that any considerable company was then there , she being at that time in a very low condition , and just leaving the tavern ; so that she could not have forgotten so unwonted a meeting , had there bin any ; and lastly , by his palpable and impudent flinshing from his former testimony in this affair ; i mean from his keeping himself then close and private as he publickly declared upon oath in mr. ireland's tryal ; and from the time of his pretended stay in town after the said meeting , which was but three or four days , as he swore in his narrative and before the lords also , though now he would fain extend it to twenty ; which two particulars prove sufficiently , without other circumstances ( as i show'd you before ) the downright perjury of the witnesses , that saw then his doctorship here so long , and so publickly also . and since i have mention'd this title or dignity , it is truly so prodigiously odd and simple , that i cannot pass it by , without some few reflexions : for if he were thus graduated , it was either out of favour , in relation to his particular merits and service in the present affairs , or upon the score of his learning . as for the first , can any one believe , ( if there had been a plot , and he employ'd it ) that he would have been suffer'd , in the midst of his negotiation and business , to go out of his way , not only to lose time on so foolish an errand , but to render himself suspected by so unusual a grace ? nor could he himself hope to make any advantage by a dignity , since it was to be conceal'd ( you may be sure ) 'till after the success of this wonderful design in england ; and then 't would be wholly useless , seeing he might ( we suppose ) expect far greater honors and preferments . now , if his learning promoted him , ( and you must remember , that doctors at salamanca do defend in the open schools , a whole course of divinity against every body that will oppose them ) let any man that knows oates , judge of his doctorship by it ; and as for those , that have no acquaintance with him , or his abilities . they are to understand , that he went to the english college at valladolid , in april . to begin his logick , and return'd home in november following , as dismist for his good qualities : nor in truth , was he ever within many miles of salamanca in his life . in short , we will joyn issue in this , for the point may be easily decided , that he shall chuse one , and we will chuse another to be sent to this v●iversity ; and if they find him to have commenced there , or if they shall be deny'd the sight of the publick registers , or perceive in them blots , or any thing tending to a falsi●ication , we will for the future , own him not only a doctor , but to have prov'd once in his life , a thing contradicted by us , which will give no little lustre to his other evidence . but to end with him for the present . ( though i confess , i have not half done ; nay , ( as i mention'd before ) there is no end when one reflects on his strange assertions and follies ) take this circumstance as a demonstration , that there is not one true word in all his charge : and therefore i may here well say to each of you , — accipe nunc danaum insidias , & crimine ab uno , disce omnes — aen. lib. . for on the one fide , he has declar'd in his very * narrative , that it was presented to the king on the thirteenth of august , by the means of mr. kirkby , who on the twelfth was made acquainted with the matters contained in it by dr. tongue , as appears in the little pamphlet called , the † narrative or manner of discovery of the plot to his majesty . on the other side , if we consider the various particulars , and the number of persons concern'd , 't was impossible for him , and dr. tongue to digest and methodize the whole under a moneths time ; so that we may suppose it to be begun about the xii . of jvly : nor can we allow less than a fortnight between his first debate about the discovery , and his falling to work on the said narrative ; so that his head was full of it , and consequently more particularly nice and observing , from the end of jvne at least , and especially in jvly , avgvst , and september ; for then protestants knew of the treasor as well as himself . but now , when he comes to be prest about time , circumstances , papers , and the like , in relation to what he urges against the prisoners , he is so far ( though the matter happens within the said moneths ) from producing any one note , ( as certainly he might have done , had his charge been true ) that he will come to no positive day , when the accused at the bar require it of him ; and yet in his flourishes , throughout his said narrative , he is so exact , ( for nothing there , he knows , can be brought as evidence against him ) that besides consults , accidents , and several particularities , he remembers above a hundred letters , with their respective dates , how , and whence they came , and who subscribed them ; though sometimes ten or twelve do it together , according to his relation : i say , he is so far from producing letters or notes , that at the bar , he will come to no positive day : and thus he has notoriously done in every trial. for , in mr. coleman's , he shuffles you see , about the th . of august , as soon as he perceiv'd , that the said mr. coleman was absent in that moneth ; though since his death , ( and no further fear of the business ) he is again ‖ positive . the like you find in mr. ireland's about the time of his being in town that moneth . as for the jesuit's trial , he absolutely hang'd ( you see ) mr. gavan , by not standing ( as he first accus'd him ) to the latter end of july , and beginning of august , when he understood , that the said mr. gavan could prove himself then at hampton . and here also he would fain have gotten off ( you see ) from the d. of september , the day positive he pretended to have received twenty shillings from ireland in london . in mr. langhorn's , ( besides other particulars ) he was not certain , ( though on so remarkable an occasion , and so little a while ago ) whether he came from dover by coach , or on horse-back . and in the last trial , he had not only the impudence to tell mr. marsh , ( when the dispute was about a day in august ) that it was a great priviledge , that he nam'd the month ; but flew also ( as i shew'd you ) from the fifteenth , ( though he once granted it ) as soon as he began to suspect that there would be counter-witnesses . is not this then ( as i said ) a clear demonstration of their villainy , and lying all along ? for was it possible for him , who had now discover'd all to the king himself , and was to make it good at a bar , to go afterwards to consults with the conspirators , and not know the time precisely ; and to see and peruse several of their papers and letters , without being able to produce the least scrip or scroll , or to have any circumstance , that has not been most evidently disprov'd ? whenas , on the contrary , notwithstanding the strict searches , that have been made in all our houses , and the reading of our secret letters , and notwithstanding our examinations before magistrates , and our imprisonments afterwards ; and by the way these wretches have had a sight of every private writing , by which they came not only to know our hands , but had oftentimes hints , the better to frame their accusations : i say notwithstanding all these accidents , there has not been found ▪ any ill letter , any commission , any bill of exchange , any money , any arms , any horses , or any thing else suspicious ; but to the confusion of our enemies , an innocency , a patience , and a loyal zeal beyond example . i have been ( my lords and gent : ) the more particular with oates ( though as i said , i have not half done ) to the end you might see not only how impossible it was , that he should have any knowledge of a plot , had there been one ; but that his whole information also is a most vain fiction ; and consequently , if men ( and all of them of some repute ) should vouch and justify his fopperies , it could but show us , what encouragements and temptations will do ; for since he has most evidently lyed all along , how can their testimony make him to have spoken truth ? if therefore upon force you must judge thus of all , that shall witness for him , though their credit should be a little tollerable ( of which i 'le assure you , we have no apprehension ) what are we to think of his declared coadjutors and partizans , who are so known , and not one whit behind him in any impudent or apparent falsity ! as for bedlow's part , nothing can be a greater proof of it , than that he should at first solemnly profess to the very secretaries in his examination upon oath , that he knew nothing of the plot further than of sr. edm. godfreys murther . besides when he was askt , where they laid his corps in somerset house , he mention'd the room next to that where the duke of albemarle lay in state ; but being caught tardy there , because it belong'd to my lord ossory's protestant servants , he went and show'd them another , in which he was yet more unfortunate , it being the common place for pages and other forraign attendants , and had to boot ( during the queens stay ) centinells still by it . prance also you see ( for i must be very brief in my instances ) acquaints us of god knows how many , that menton'd the killing the king to him , and this ( as a trivial matter ) even , whilst they were buying spoons , candlesticks , and the like . and to confirm the raising an army by us , he come's to the very number of men it was to consist of , to wit , fifty thousand , and yet there are not so many men , women and children of our religion in england ; nor were we to expect much help from abroad seeing the kings navy was not only then in a good forwardness , but all forraign princes were together by the eares , and wanted recruits as they still do , who are in an actual war. but considering dugdale is the junior of all ; for as to jenison ▪ i shall only add this at present to what i have said ‖ before , that he has already demanded a pension for his services ; which shews both his plentiful condition , and his aim ; i say as to dugdale , he is no ill proficient ( i 'le assure you ) in proceedures of this nature , having had ▪ the luck ( as well as the rest of the fraternity ) to be proved in open court a villain ; for at the last staffor'd assizes , mr. sambige a protestant gent , together with mr. philips the parson of the parish , represented to the court , that dugdal never mention'd to them the killing of a justice of westminster , as he deposes in sir george wakeman's trial ; and least such a testimony should endanger the spilling of innocent blood , they were willing to swear to the truth of this averment ; nor could this ill man say any thing then to it , only ( after some days search ) he got two wretched fellows of his gang , who privately made oath , that dugdal had told them , the said deponents that story ; which contradicts nothing ( had their depositions been true ) of what sambige and mr. philips attested to his confusion ; and how mr. chetwin also ( who makes mr. sambige in the jesvits * trial his author ) will avoid this blow , let any man tell me that can ? besides , were there no such persons as mr. sambige and m. philips living , is not yet the lie most apparant and clear ? for how is it possible ( as i mention'd before ) that dugdale that was so greatly concern'd in the plot , and so surpris'd and disturb'd ( as † he assures us ) at this murther , least it might ruin the whole business , should run the very next morning ( after mr. ewers had forsooth with great secresy told him of it ) and proclame to no manner of purpose at an al● before any man dreamt of it in the country● thus stands our case my lords and gent ) & thus you see that no good protestant can be safe , if such notorious perjuries shall be countenanc'd . nay if popery should be thus deprest , could it be , do you think , either for the honour or interest of your religion , since the history of all country : as well as our own , ( for no tittle of this can fall to the ground and be unrecorded ) will like the ghost of a murther'd man be ever haunting you , which must raise in yours , and your childrens thoughts great detestation and horror ? for to what height is the effrontery of these sons of perdition come , when they can threaten juries for not going against their consciences , and tell judges of writs of ease , if they take notice of most apparent and impudent contradictions . have not they then destroy'd all law ? and will not our moderate and excellent government ( if these precedents stand good ) be the most despotical & uncertain one , that ever was but to add yet to our amazement , who could have ever thought ( unless it were to make the folly every where proportionable ) that we who have so eminently hazarded our all for the king , that have so entirely loved his person & have so constantly even doted on monarchy , should be accus'd as the grand parricides , and that they that are generally reputed to hate king , and king-ship , should be now the sticklers and zealots for both . is there not then some further trick & design in this new loyalty ? and may not the papists ( as the dogs in the fable ) be thought too great a safety for the fold ? yes certainly ; for as the * apologist has long ago observ'd , the prerogative never suffer'd ; no great states man has ever been disgrac't ; nor the church of england it self , ( n●● the libertyes of the people ) ever wounded , but a fearful out cry against popery has still preceded . and now that i speak of the liberties & rights of the people , shew me an instance in story , even in the reputed worst of times ( and therefore you may see , what judgments ever follow the falling upon the innocent ) that whole corporations ( as appears now in the buckingham case , & in other places also ) were ever before publickly libell'd for their choice , which takes away the chiefest liberty and priviledge we can possibly pretend . therefore for liberties sake , for monarchies sake , for religions sake ; or in short , for the sake of all that is good and holy , put a stop to this present tempest , which bearing up perjury , has not only destroy'd all trade and commerce among us , but render'd us a laughing-stock to the whole world , and shaken the very basis and foundation of our island . finis . the certificate of the city of st. omer , concerning titus oates . we the mayor and sherifs of the city of st omer , being surpris'd at the report , that the english fathers residing with us , had about the beginning of the present year ( by the negotiation of one titus oates , in france and england ) contrived and plotted a wicked and bloody treason against their natural lord , the most excellent ▪ king of great britain , and being the more amazed at it , since they had given through a long ●cries of years , a rare example among us , not only of learning and piety in particular , but of obedience in general , to all civil magistrates and governors ; a thing which makes the whole society of jesus highly respected and esteemed , by most of the christian princes of the world : we say that being surpris'd at this report , we took ( as far as we could ) the examination of the matter into hand , and therefore certify , that it has appeared to us by the oaths of several of the best , and antientest scholars of that seminary ( the * whole college having offer'd to make the same oath ) that the said titus oates , was not only effectively in the said seminary at the end of april and beginning of may , but did constantly reside there , from the tenth of december , . to the twenty third of june following , without ever being absent from thence , except one night in january , at which time he was at watten , two leagues distant from us ▪ the said deponents , also have alledg'd as a reason of this their knowledge , that they lodg'd , convers'd , drunk , and eat with the said oates , in the said seminary , all that while , he being at a distinct table alone , and did parti●ularly take notice that he was there in april and may as abovesaid , as having seen him at that time constantly perform the office of reader in the sodality of the students in the said seminary , and as being present at the departure of one killembeck alias pool , an english scholar , who went from this city the fifth day of the said moneth of may new stile , to take his journey into england . in witness whereof we have caus'd the seal of the said city to be hereunto put this of december , . loco sigilli ✚ j. ganon . the certificate of the city of liege , in relation to sir thomas preston . we the eschevines of the high court of justice of his most serene highness , in the city and countrey of liege , to all those to whom these presents shall come , greeting , do certify and attest , that a petition being presented to us , in our ordinary consistory in the palace of his said highness ▪ on the behalf of sir thomas preston knight and baronet , residing at the english college of this city ; that whereas the said sir thomas preston during the greatest part of the year one thousand six hundred seventy and eight , and more especially in the moneths of march , april ▪ may , and june , did constantly reside in the said college , be the said sir thomas preston having petition'd that we would in favour of the truth , hear a great many witnesses , which he had to produce , we condeseended unto his said petition as reasonable and just , and have accordingly heard upon oath , fourteen creditable persons , who have all unanimously upon their respective oaths , declared and attested that the said sir thomas preston knight and baronet , did reside all the time aforesaid , at the college aforesaid , and particularly in the moneths of march , april , may , and june , in the year . and that he was not absent , s● much as one-night during the said time ; and they further have attested that they knew this to be true , in that they resided all in the said college ▪ and there saw , and convers'd dayly with him. given at our court of justice this of march , . by order of the high court of justice abovesaid . locus sigilli . ✚ de bernimolin per bonhomme . the like certificate came from watten about sir john. warner , the witnesses names being albert bapthorpe william bitchfielt . tousaint vanden cruys . f. caeles . augustin elmers jaques broos . nicholas willaert . thomas higgenson . marc. bartolet . charles verons . finis . notes, typically marginal, from the original text notes for div a -e * vid. trial. pag. , & . † pag. . ‖ pag. . * pag. . † pag. ▪ ‖ pag. . * pag. . † pag. . ‖ pag. . * pag. . † pag. . ‖ pag. . * pag. . † pag. . ‖ pag. . * pag. . † pag. . ‖ pag. . * pag. . and . † pag. . ‖ pag. . * pag. . † pag. . ‖ pag. . pag. . † pag. . ‖ pag. . * pag. . † pag. . † pag. ib. † pag. . ‖ pag. . * pag. . † pag. . ‖ pag. . * pag. . † pag. . ‖ pag. . * pag. . ‖ pag. . ‖ pag. . & . * pag. . * pag. . † pag. . ‖ pag. . * pag. . ‖ pag. . * bedlow . notes for div a -e † vid. trial. ‖ pag. . pag. . * pag. . † pag. . ‖ pag. . * pag. . † p. . ‖ p. * pag. . † pag. , & . ‖ pag. . * pag. . † pag. . ‖ pag. . * pag. . † pag. . * pag. . ‖ pag. . * pag. , & . † pag. . ‖ pag. . * pag. . † pag. . * pag. . ‖ pag. . * pag. . † pag. . ‖ pag. , & . * pag. . † pag. . notes for div a -e ‖ pag. . ‖ pag. . ‖ pag. . ‖ pag. ib. ‖ pag. . ‖ pag. . ‖ pag. . † pag. . * pag. . ‖ pag. . ‖ pag. . ‖ pag. . † pag. . ‖ pag. . ‖ pag. . ‖ pag. . ‖ pag. . * pag. . * pag. . ‖ pag. . † pag. . ‖ pag. . * pag. . † pag. . * pag. . * pag. . † pag. . ‖ pag. . * pag. . † pag. . ‖ pag. . * pag. . † pag. . ‖ pag. . * pag. . † pag. . * pag. . ‖ pag. . * pag. ib. * pag. . † pag. . ‖ pag. . * p. , & . † pag. . ‖ pag. . * pag. . † pag. . ‖ pag. . * pag. . † pag. . ‖ pag. . * pag. . † pag. . ‖ pag. . * pag. . ‖ pag. . * pag. . † pag. . ‖ pag. . * pag. . notes for div a -e * vid. trial. pag. . † p. . & . ‖ pag. . * pag. . † pag. . ‖ p. . & . * pag. . ‖ pag. . * pag. . ‖ pag. . * pag. . ‖ pag. . * pag. ib. † pag. . ‖ pag. . † pag. . ‖ pag. . * pag. . ‖ pag. . * pag. . † pag. . * pag. . ‖ pag. . † pag. ib. * pag. . † pag. ib. ‖ pag. . † ireland ' s trial. pag. , & . * pr●s . tryal . pag. . ‖ pag. . ‖ pag. . * pag. . † pag. . ‖ pag. . * pag. . † pag. . ‖ pag. . * p. , & . † pag. . ‖ p. . & . * pag. . ‖ pag. . † pag. . ‖ pag. . * pag. ib. † pag. . ‖ pag. . * pag. ib. † pag. . ‖ pag. . * pag. . † pag. . ‖ pag. . * vid. ireland ' s tryal . pag. . * pag. . * pag. . ‖ pag. . † pag. . * p. . † . ‖ pag. . * pag. . † pag. . ‖ pag. . † p. , & . * vid. ireland's tryal . pag. . ‖ the pres . tryal . ‖ pag. . * pag. ib. ‖ pag. . * pag. . ‖ vid. irel. tryal . pag. . * pres . tryal . pag. . † pag. . * pag. . * pag. . † p. . & . ‖ pag. . * p. , & . * pag. . ‖ pag. . * pag. . * pag. . & . ‖ pag. . ‖ ireland ' s trial. pag. . * pag. . † pag. . ‖ pag. . * p. , & . † pag. . ‖ pag. . * pag. . † pag. . ‖ pag. . notes for div a -e * pag. . † pag. . ‖ pag. . * pag. . ‖ pag. . † pag. . ‖ pag. . † pag. . ‖ mem. p. . ‖ pag. . † * pag. . ‖ pag. . ‖ pag. . ‖ vid. whites tryal , p. . † present tryal , p. . * pag. . † pag. . ‖ vid. irel. tryal , p. . † pag. . * pag. . † pag. . ‖ pag. . * pag. . † pag. . ‖ pag. . & ▪ . * vid. whites tryal , p. . † ibid. p. . ‖ pres . tryal pag ; . * pag. . † the pres . tryal . p. . ‖ pag. . * pag. . ‖ pag. , & . * pag. . † pag. . ‖ pag. . † pag. ib. † pag. . ‖ pag. . ‖ pag. . * pag. . † vid. col. tryal . p. . ‖ pres . trial. pag. . * pag. . ‖ pag. . † pag. . ‖ vid. whites trial. p. . * pag. . * pag. ib. ‖ vid. whites trial. p. . or this treatise , p. . * pres . trial. pag. . † pag. . ‖ vid. whites tryal , p. . * ibid. * present tryal , p. . ‖ vid. whites tryal , p. . notes for div a -e ‖ pag. . * pag. . ‖ pag. . * pag. . ‖ pag. . † ibid. * ibid. ‖ pag. . † pag. . * pag. . ‖ pag. . * p. , & . ‖ pag. . ‖ pag. . † pag. . ‖ pag. . * pag. . † pag. . ‖ pag. . * pag. . † nar. p. . ‖ nar. p. . * vid. white 's tryal , p. . † pag. . ‖ pag. . * p. . & . † p. , & . ‖ p. , & . * pag. . * pag. . ‖ ibid. ‖ pag. . ‖ vid whites trial. p. . ‖ pag. . * ibid. ‖ pag. . ‖ page . . * pag. . ‖ pag. . ‖ pag. . * pag. . ‖ pag. . ‖ pag. . † pag. . * pag. . † p. , & . ‖ pag. . * pag. . ‖ pag. . † pag. . ‖ pag. . * p. , & . † pag. . ‖ pag. . * pag. . † pag. . ‖ pag. * pag. . † pag. . ‖ ibid. * pag. . ‖ pag. . † pag. . ‖ pag. , ‖ ibid. * pag. . ‖ pag. . notes for div a -e of oates . * pag. . ‖ vid. records of the session held there may . ● . ‖ vid. order of council april . . of bedl●w . * frō dec. to jun. ● of prance . of dugdale . of sir e. godfry's death . * vid. hill's tryal , p. . ‖ ibid. p. . ‖ vid. trial. ‖ . l. ‖ . l. * the behaviour of the malefactors pag. . * pag. . of dispensations . ‖ . † vid. proceedings against the traytors pag. . ‖ pag. . ‖ pag. . ‖ ibid. * vid winter ' s confession . * k. jam. pag. . † vid. letter of e. of ess●x printed , , † vid proceedings &c. pag. . ‖ pag. . * k. i. p. . † ibid and h. l. ch. i. . ‖ pag. . of the bishop of lincoln's book . * vid pereat papa . ‖ opusc . pag. . * . f. caron . . provincial letters . . reply to the answer of the catholick apology . . answer to the jesuits loyalty . * numb . ● . * p. . &c. ‖ vid. french mercure , an. . * vid. pref. k. i. work● . † sect. . † oates ' s narrative p. , & . ‖ vid. also lords journal , par . . * ibid. † ibid. ‖ vid. ireland's , whit's and langhorne's tryals . † p. . & . * irelands trial. p. . † parag. . * pag. . † pag. . of the st. omer witnesses . † pag. . * vid epistle to the reader . † page . ‖ white ' s tryal , pag. . ‖ pag. . * pag. . † ib. p. . * reply , pag. . notes for div a -e * consisting of . persons . a treatise of taxes and contributions shewing the nature and measures of [brace] crown-lands, assessments, customs, poll-moneys, lotteries, benevolence, penalties, monopolies, offices, tythes, raising of coins, harth-money, excize, &c. : with several intersperst discourses and digressions concerning [brace] warres, the church, universities, rents and purchases, usury and exchange, banks and lombards, registries for conveyances, beggars, ensurance, exportation of money/wool, free-ports, coins, housing, liberty of conscience, &c. : the same being frequently applied to the present state and affairs of ireland. petty, william, sir, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing p estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a treatise of taxes and contributions shewing the nature and measures of [brace] crown-lands, assessments, customs, poll-moneys, lotteries, benevolence, penalties, monopolies, offices, tythes, raising of coins, harth-money, excize, &c. : with several intersperst discourses and digressions concerning [brace] warres, the church, universities, rents and purchases, usury and exchange, banks and lombards, registries for conveyances, beggars, ensurance, exportation of money/wool, free-ports, coins, housing, liberty of conscience, &c. : the same being frequently applied to the present state and affairs of ireland. petty, william, sir, - . [ ], , [ ] p. printed for n. brooke ..., london : . attributed to william petty by wing. includes index. errata: p. 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likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng taxation -- ireland. finance -- ireland. great britain -- politics and government -- - . - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - tcp staff (michigan) sampled and proofread - tcp staff (michigan) text and markup reviewed and edited - pfs batch review (qc) and xml conversion a treatise of taxes & contributions . shewing the nature and measures of crown-lands . assessements . customs . poll-moneys . lotteries . benevolence . penalties . monopolies . offices . tythes . raising of coins . harth-money . excize , &c. with several intersperst discourses and digressions concerning warres . the church . universities . rents & purchases . usury & exchange . banks & lombards . registries for conveyances . beggars . ensurance . exportation of money . exportation of wool. free-ports . coins . housing . liberty of conscience , &c. the same being frequently applied to the present state and affairs of ireland . london , printed for n. brooke , at the angel in cornhill . . the preface . young and vain persons , though perhaps they marry not primarily and onely on purpose to get children , much less to get such as may be fit for some one particular vocation ; yet having children , they dispose of them as well as they can according to their respective inclinations : even so , although i wrote these sheets but to rid my head of so many troublesome conceits , and not to apply them to the use of any one particular people or concernment ; yet now they are born , and that their birth happened to be about the time of the duke of ormond's going lord lieutenant into ireland , i thought they might be as proper for the consideration of that place , as of any other , though perhaps of effect little enough in any . ireland is a place which must have so great an army kept up in it , as may make the irish desist from doing themselves or the english harm by their future rebellions . and this great army well , as well in times and matters of peace as war , and understands the interests as well of particular persons , as of all and every factions and parties struggling with each other in that kingdom ; understanding withall the state of england , and also of several forreign nations , with reference to ireland . . his grace hath given fresh demonstration of his care of an english interest in ireland , and of his wisdom in reconciling the several cross concernments there so far as the same is possible . . his graces estate in lands there is the greatest that ever was in ireland , and consequently he is out of the danger incident to those proreges , against whom cambden sayes , hibernia est semper querula ; there being no reason for ones getting more land , who hath already the most of any . . whereas some chief governours who have gone into ireland , chiefly to repair or raise fortunes , have withdrawn themselves again when their work hath been done , not abiding the clamors and complaints of the people afterwards : but his grace hath given hostages to that nation for his good government , and yet hath taken away aforehand all fears of the contrary . . his grace dares do whatever he understands to be fitting , even to the doing of a single subject justice against a confederate multitude ; being above the sinister interpretations of the jealous and querulous ; for his known liberality and magnificence shall ever keep him free from the clamor of the people , and his through-tried fidelity shall frustrate the force of any subdolous whisperings in the ears of his majesty . . his good acceptance of all ingenious endeavours , shall make the wise men of this eastern england be led by his star into ireland , and there present him with their choicest advices , who can most judiciously select and apply them . lastly , this great person takes the great settlement in hand , when ireland is as a white paper , when there sits a parliament most affectionate to his person , and capable of his counsel , under a king curious as well as careful of reformation ; and when there is opportunity , to pass into positive laws whatsoever is right reason and the law of nature . wherefore by applying those notions unto ireland , i think i have harped upon the right string , and have struck whilest the iron is hot ; by publishing them now , when , if ever at all , they be useful . i would now advertise the world , that i do not think i can mend it , and that i hold it best for every mans particular quiet , to let it vadere sicut vult ; i know well , that res nolunt male administrari , and that ( say i what i will or can ) things will have their course , nor will nature be couzened : wherefore what i have written ( as i said before ) was done but to ease and deliver my self , my head having been impregnated with these things by the daily talk i hear about advancing and regulating trade , and by the murmurs about taxes , &c. now whether what i have said be contemned or cavilled at , i care not , being of the same minde about this , as some thriving men are concerning the profuseness of their children ; for as they take pleasure to get even what they believe will be afterwards pissed against the wall , so do i to write , what i suspect will signifie nothing : wherefore the race being not to the swift , &c. but time and chance happening to all men , i leave the judgement of the whole to the candid , of whose correction i shall never be impatient . the index . an enumeration and description of the several branches of the publick charge . page the maintenance of governours ought to be in greater splendour then private callings can reach to . ibidem the honour of being trusted , and the pleasure of being feared , is reward enough for some offices . p. the pastorage of souls ought to be a publick charge even upon a civil account . ibid. the use of schools and universities , as they are a publick charge . the common and general causes , which encrease and aggravate the burthen of paying taxes . the causes that excite forreign and offensive wars . ibid. the causes of defensive and civil wars . a cause of unnecessary ecclesiastical charge , is the not sizing of parishes according to the alterations which have been in religion and trade . that five thousand parishes are enough for england and wales , so as to give unto each but a thousand parishioners , and so as that none need go two miles to church . antiquated offices and overgrown fees a cause of unnecessary charge in the government , and administration of justice . registers for conveyances of lands and depositories for moveable pawns , as also banks of money will lessen the charge of law-suits and writings . how the number of such as relate to the faculty of medicine may be adjusted . how the number of students in the universities intending to make learning the way of their livelihood may be adjusted . ibid. an use propounded sor the choice parish-children and foundlings , to force on an useful work , which hath hitherto been but perfunctorily pursued . ibid. that the number of unnecessary merchants and retailers be retrenched . the careful maintenance and education of exposed children , and concealing their names and families , is a matter of great consequence . ibid. a proposal of several employments , for beggars and such as have now no work. great works of labour though in themselves unnecessary , are nevertheless of advantage to the publick . the mending of highwayes , building bridges and causeys , and the making of rivers navigable in england , would make english horses an exportable commodity , and help to vend the commodities of ireland . ibid. the causes of unquiet bearing of taxes , viz. first , that the sovereign exacts too much . secondly , that assessments are unequally laid . ibid. thirdly , that the moneys levied are vainly expended . ibid. fourthly , or given to favourites . ibid. fifthly , ignorance of the number , trade , and wealth of the people . sixthly , obscurity about the right of imposing . ibid. seventhly , fewness of people . ibid. eighthly , scarcity of money , and confusion of coins . ninthly , that scarce an hundredth part of the riches of this nation is coined bullion . ibid. tenthly , the non-acceptance of some commodities in specie in discharge of taxes . ibid. the consequences of a tax too heavy if there be too much money in a nation , which may be ; or is there be too little , and that either in a state well or ill governed . , , the first way of providing for the publick charge , is the excinding or setting apart of a proportion of the territory , in the nature of crown-lands . the second is taking away the same proportion of the rents of all lands . the nation is happy where either of the said two wayes is practised ab antiquo , and upon original agreement , and not exacted as a sudden contingent surcharge upon the people . the owners of settled rents bear the burthen of a land-tax , or assessment , others probably gaining thereby . ibid. a land-tax upon free estates resolves into an excize upon consumptions . assessment upon housing more uncertain then that of land , housing being of a double nature , viz. either an instrument of gain , or way of expence . ibid. the heavy taxing of housing no discouragement to new buildings ; nor is the discouragement of new buildings any means to prevent the populousness of a city ibid. prohibition to build upon new foundations serves onely to fix the ground-plot of a city . the reason why the city of london removes its ground-plot westward . ibid. that 't is probable the king of englands palace will in process of time be towards chelsey . ibid. that the present seat of london will be the greatest cohabitation of people ever whilst this island is inhabited . the nature and natural measures of the rent of land , computed in commodities of the growth of the said land. ibid. the par between food or other proceed of land , and bullion or coin. the par between gold and silver . ibid. gold and silver are not natural standards of the values of the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . the prime denominations of the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 are but two , viz. land and labour , as the denominations of money in england are pounds , shillings , pence . ibid. of the par between land and labour . ibid. the reason of the number of years purchase that land is worth in several countreys . why land in ireland is worth fewer years purchase then in england . , . the description and ratio formalis of usury . the same of exchange . ibid. the measures of both . , why usury hath been limited more then exchange . a parallel between the changes of the prince of money , and that of land. ibid. how to compute and compare the rents of lands , in order to a just land-tax or assessment . the intrinsick value of land is found by surveys of the quantity , figure , and scituation . ibid. and by the survey of the quality , viz. its aptitude to bear ; first , precious commodities ; secondly , the best of the kinde ; thirdly , most in quantity . ibid. the extrinsick or accidental value depends upon the plenty of money , luxurious or frugal living ; the opinions civil , natural , and religious of the people . ibid. it is necessary to these enquiries to know how to tell the gold and silver coins of this present age , and compare the same with that of former times . how to compare not onely the money of this present age with that of the former , but the entire riches of the present with the former people . ibid. by the numbers of people , and the proportion of money amongst them , the accidental values of lands are to be computed . how to proportion the rates of a commodity in one place , unto the rates of the same in another place . ibid. that the day-wages of labourers and several other of the most vulgar tradesmen ought to be ascertain'd , and well adapted to the changes of time . ibid. that though the difficulty of computing the contingent values of land be great , yet there be greater reasons for undergoing it . the nature of credit , as the said word is commonly used among tradesmen , and otherwise . ibid. that the sovereigns exact knowledge of the subjects estates would do them no harm . ibid. a descriptiou of the duty of customs . a conjecture that customs at first were a kinde of praemium for ensurance against pyrates . ibid. the measures of the said duty upon exported goods . the inconvenience of too heavy customs . ibid. what commodities may be forced to pay customs . the measures of customs upon imported goods . ibid. the inconveniences of raising money , by the way of customs . ibid. a proposal , that instead of tunnage and poundage upon shipped goods , a tunnage were paid out of the ships fraight . or that the customs were taken as an ensurance - praemium . ibid. of prohibited commodities in general . ibid. of prohibiting the exportation of money and bullion . the said prohibition of money serves as a sumptuary law. ibid. about the exportation of wool. ibid. the lessening of our sheep-trade , and encrease of corn-tillage is an expedient in this case for many reasons . other considerations tending to shew , that the too vehement prohibitions of wool may be ineffectual ; or to do more harm then good of prohibiting importations . ibid. it were better to make and raise commodities , though to burn them , then not to make them , or let the makers lose their faculty , and be idle . ibid. of free ports , and in what cases they may do good or harm . of poll-money , and the sorts of it . ibid. the faults of the late poll-moneys . of the most simple poll-money , where all pay alike , its conveniencies and inconveniencies . ibid. of poll-money upon titles , offices , and faculties . harth-money is of the same nature with simple poll-money , but both are rather accumulative excizes . grants for publick lotteries are taxes upon the people . ibid. why lotteries ought not to be allowed but by good authority . ibid. raising of money by benevolence is a real tax . three cases where the way of a benevolence may be made good . ibid several reasons against it . , the several species of penalties . a doubt whether the penalties set down in moses law ought to be inflicted now . the proper use and reason of every sort of penalty . perpetual imprisonment is a kinde of slow death . in what case death , mutilation , imprisonment , disgrace , &c. ought to be commuted for pecuniary mulcts . ibid. the meaning of the double and multiple restitutions mentioned in the law of moses . ibid. of the wayes for punishing or permitting heterodox believers in religion . that the sovereign may do either . that all pseudodoxies whatsoever may be safely muzzled from doing harm by pecuniary mulcts . , that the sovereign by punishing them with death , mutilations , or imprisonments , doth therein punish himself , and that too re infecta , very often . that the pastours ought in some measure to be punished for the errours and defections of their flocks . the true use of the clergy is rather to be patterns of holiness , then to teach men variety of opinions de rebus divinis . the substance of all that hath been said in this whole discourse about the church . ibid. the abuse of penal laws . of monopolies . ibid. the use and reason of instituting monopolies . a digression about new inventions , and the vexations incident to the projectors of new practices . ibid. offices instituted by the state , with fees of their own appointment , are of a parallel nature to monopolies . why the fees of offices were great heretofore . ibid. how offices are become as a saleable commodity . why many superfluous offices are not abolished . ibid. a description of tythes in several particulars . the causes why tythes encrease . ibid. the rent of the lands of england is but a quarter of the expence of the people . the tythes in england are six times as much as they were four hundred years ago . ibid. the clergy are far richer now then they were in ancient times , and yet have less work to do . ibid. the danger of too many church men . how to adjust the number of church-men and students in divinity . ibid. tythes is now no tax or burthen upon the people . the way of tythes is a good pattern for a tax . ibid , the way of paying tythes in the city and countrey is very disproportionable . the inconveniences of contributing to the publick charge after the manner of tythes . ibid. a reason why the wayes of taxing the people are often shifted . the state gains in several countreys by being the common cashier , usurer , ensurer , monopolist , &c. the case of the jews ( every where subject to great taxes ) briefly stated . the way of leavying an aliquot part of mens estates very dangerous . ibid. alterations in the values of coins is a tax upon such as live by determined rents , pensions , fees , &c. what is embasing of moneys , and what is not . ibid. of tin and copper money , as well curiously as coursly wrought . ibid. of the tokens coined by retailing shop-keepers . ibid. what is gold and silver embased . the reasons for embasing of money . ibid. reasons against the same . ibid. what is properly raising of money . the effect of raising both domestick and forreign coins . ibid. raising of money changes the species of moneys , but lessens the bullion . ibid. why many wise states have raised their moneys . raising of forreign money to a double value , or abating the price of our native commodities to half , is not all one , but the former is better . the way of computing and comparing the prices of commodities upon natural grounds . , men are really and actually rich according to what they spend and enjoy in their own persons . excize being a tax upon such riches , is a just way by which to defray the publick charge . ibid. that a proportion ought to be pitched between the expence or consumption of the whole nation , and the publick charge thereof . ib. commodities ought not to be taxed until they be just ripe for consumption . commodities of equal value may be unequally excized with justice . ibidem . of accumulating the excize of many things upon some one thing . ibid. whether native commodities exported ought to pay excize . ibid. the explication of accumulative excize . reason for accumulating the excize of all things upon some one thing . ibid. why beer ought not to be that one thing harth or smoak-money is an accumulative excize , with the reasons for and against it . ibid. reasons in behalf of the excize . of framing persons to be fit for great trusts , as to be cashiers , store-keepers , checques , &c. ibid. chap. i. of the several sorts of publick charges . the publick charges of a state , are , that of its defence by land and sea , of its peace at home and abroad , as also of its honourable vindication from the injuries of other states ; all which we may call the charge of the militia , which commonly is in ordinary as great as any other branch of the whole ; but extraordinary , ( that is , in time of war , or fear of war ) is much the greatest . . another branch of the publick charge is , the maintenance of the governours , chief and subordinate ; i mean , such not onely as spend their whole time in the execution of their respective offices , but also who spent much in fitting themselves as well with abilities to that end , as in begetting an opinion in their superiours of such their ability and trustworthiness . . which maintenance of the governours is to be in such a degree of plenty and splendour , as private endeavours and callings seldom reach unto : to the end , that such governours may have the natural as well as the artificial causes of power to act with . for if a great multitude of men should call one of their number king , unless this instituted prince , appear in greater visible splendour then others , can reward those that obey and please him , and do the contrary to others ; his institution signifies little , even although he chance to have g●●●ter corporal or mental faculties , then any other of the number . . there be offices which are but 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , as sheriffs , justices of the peace , constables , churchwardens , &c. which men may attend without much prejudice to their ordinary wayes of livelihood , and for which the honour of being trusted , and the pleasure of being feared , hath been thought a competent reward . . unto this head , the charge of the administring justice may be referred , as well between man and man , as between the whole state or commonalty and particular members of it ; as well that of righting and punishing past injuries and crimes , as of preventing the same in time to come . . a third branch of the publick charge is , that of the pastorage of mens souls , and the guidance of their consciences ; which , one would think ( because it respects another world , and but the particular interest of each man there ) should not be a publick charge in this : nevertheless if we consider how easie it is to elude the laws of man , to commit unproveable crimes , to corrupt and divert testimonies , to wrest the sense and meaning of the laws , &c. there follows a necessity of contributing towards a publick charge , wherewith to have men instructed in the laws of god , that take notice of evil thoughts and designs , and much more of secret deeds , and that punisheth eternally in another world , what man can but slightly chastise in this . . now those who labour in this publick service , must also be maintained in a proportionable splendour ; and must withall have the means to allure men with some kinde of reward , even in this life ; forasmuch , as many heretofore followed even christ himself but for the loaves he gave them . . another branch is , the charge of schools and universities , especially for so much as they teach above reading , writing , and arithmetick ; these being of particular use to every man , as being helps and substitutes of memory and reason , reckoning being of the latter , as writing and reading are of the former ; for whether divinity , &c. ought to be made a private trade , is to me a question . . 't is true , that schools and colledges are now for the most part but the donations of particular men , or places where particular men spend their money and time upon their own private accounts ; but no doubt it were not amiss , if the end of them were to furnish all imaginable helps unto the highest and finest natural wits , towards the discovery of nature in all its operations ; in which sense they ought to be a publick charge : the which wits should not be selected for that work , according to the fond conceits of their own parents and friends , ( crows that think their own birds ever fairest ) but rather by the approbation of others more impartial ; such as they are , who pick from out of the christians children the ablest instruments and support of the turkish government . of which selections more hereafter . . another branch is , that of the maintenance of orphans , found and exposed children , which also are orphans ; as also of impotents of all sorts , and moreover such as want employment . . for the permitting of any to beg is a more chargeable way of maintaining them whom the law of nature will not suffer to starve , where food may possibly be had : besides , it is unjust to let any starve , when we think it just to limit the wages of the poor , so as they can lay up nothing against the time of their impotency and want of work . . a last branch may be , the charge of high-wayes , navigable rivers , aquaeducts , bridges , havens , and other things of universal good and concernment . . other branches may be thought on , which let other men either refer unto these , or adde over and above . for it suffices for my purpose to have for the present set down these the chief and most obvious of all the rest . chap. ii. of the causes which encrease and aggravate the several sorts of publick charges . having thus spoken of the several sorts of publick charges , we shall next consider the causes which encrease them both in general and in particular . among the general causes is , first , the unwillingness of the people to pay them ; arising from an opinion , that by delay and reluctancy they may wholly avoid them , with a suspition that what is imposed is too much , or that what is collected is embezelled or ill expended , or that it is unequally leavied and assessed . all these resolving into an unnecessary charge to collect them , and of forcing their prince to hardships towards the people . . another cause which aggravates taxes is , the force of paying them in money at a certain time , and not in commodities , at the most convenient seasons . . thirdly , obscurities and doubts concerning the right of imposing . . fourthly , scarcity of money , and confusion of coins . . fifthly , fewness of people , especially of labourers and artificers . . sixthly , ignorance of the numbers , wealth and trade of the people , causing a needless repetition of the charge and trouble of new additional levies , in order to amend mistakes . . as to particulars . the causes of encreasing the military charge are the same with those that enrease wars , or fear of wars , which are forreign or civil . . an offensive forreign war is caused by many , and those very various , secret , personal distastes coloured — with publick pretences ; of which we can say nothing , but that the common encouragement unto them particularly here in england is a false opinion , that our countrey is full peopled , o● that if we wanted more territory , we could take it with less charge from our neighbours , then purchase it from the americans ; and a mistake , that the greatness and glory of a prince lyeth rather in the extent of his territory , then in the number , art , and industry of his people , well united and governed . and moreover , that it is more glorious to take from others by fraud or rapine , then to gain ones self out of the bowels of the earth and sea. . now those states are free from forreign offensive wars ( arising as abovesaid out of personal and private causes ) where the chief governours revenue is but small , and not sufficient to carry on such wars , the which if they happen to be begun , and so far carryed on , as to want more contributions , then those who have the power to impose them , do commonly enquire what private persons and ends occasioned the war , and so fall upon the authors , rather then contribute to the effect ; otherwise then to quench it . . defensive wars are caused from unpreparedness of the offended state for war , as when defective stores are served into the magazines by corrupt officers at the rate of good ; when armies are fasly mustered ; when souldiers are either tenants or servants to their commanders , or else persons , who for their crimes or debts , want protection from justice ; when the officers are ignorant of their business , and absent from their commands ; and withal afraid to punish , because unwilling to pay . wherefore to be alwayes in a posture of war at home , is the cheapest way to keep off war from abroad . . the causes of civil wars here in europe proceed very much from religion , viz. the punishing of believers heterodox from the authorized way , in publike and open places , before great multitudes of ignorant people , with loss of life , liberty , and limbs , rather then by well proportioned tolerable pecuniary mulcts , such as every conscientious non-conformist would gladly pay , and hypocrites by refusing , discover themselves to be such . . civil wars are likewise caused by peoples fansying , that their own uneasie condition may be best remedied by an universal confusion ; although indeed upon the upshot of such disorders they shall probably be in a worse , even although they survive and succeed , but more probably perish in the contest . . moreover , the peoples believing that forms of government shall in a few years produce any considerable alteration as to the wealth of the subject ; that the form which is most ancient and present is not the best for the place ; that any established family or person is not better then any new pretender , or even then the best election that can be made ; that sovereignty is invisible , and that it is not certainly annexed unto some certain person or persons . . causes of civil war are also , that the wealth of the nation is in too few mens hands , and that no certain means are provided to keep all men from a necessity either to beg , or steal , or be souldiers . moreover , the allowing luxury in some , whilst others starve . the dispensing of benefits upon casual and uncertain motives , the giving vaste emoluments to persons and parties of no certain visible merit . these are the things which cause animofities among the totter-headed multitude , who are the tinder that the sparks of a few designers may easily inflame . . the cause of publick charge in matters of religion , are the not having changed the limits of parishes and cures with the change of religion from popery , and with the changes in plantation and trade . for now when the ministers of the gospel preach unto multitudes assembled in one place , may not parishes be bigger ? that is , may not flocks be more numerous , then when every particular sheep was , as heretofore , drest and shorn three or four times per annum by shrift . if there be in england and wales but about five millions of people , what needs more then . parishes ? that is . sheep under every shepheard . whereas in the middling parishes of london there are about . souls in each . upon which account there needs be in england and wales but a . parishes , whereas there are near . . now the saving of half the parishes , would ( reckoning the benefices one with another , but at l . per annum a piece ) save l . besides , when the number of parochial parsons were halved , then there would need but half the present number of byshops , deans and chapters , colledges and cathedralls , which perhaps would amount to two or three hundred thousand pounds more : and yet the church of god would be more regularly served then now , and that without prejudice to that sacred , ancient order of episcopacy , and the way of their maintenance by tythes ; and all this in a method of greater reformation and suitableness thereunto . . but suppose it be said , that in some wild countreys , a thousand people do not live in a less scope of ground then of eight miles square . to which i answer , that there are few or no such places , the largest parishes i know , being not more capacious then of three or four miles square , in which is no difficulty , for the people to meet once a week at some central place within that scope . . moreover i say , that a curate of small learning , if of good life , and duly ordained , may officiate in four chappels of ease every sunday ; and the preacher , who indeed should be a person of learning and eloquence , may preach every other sunday in every of the said chappels , by preaching in two of them one day , and in the other two , the other day : and this with catechizing , and extra-lectures upon the week-dayes , would perform as much as now is performed , and as much as by the blessing of god is necessary to salvation ; for the yoak of christ is easie , and his burthen light . . but to put an end to this doubt ; i affirm , that if england and wales were cut out in parcels of three miles square , there would be found few above four thousand such , of which to make parishes . . now if it be said , that the alienation of these tythes is sacriledge ; i answer , that if the same be employed to defend the church of god against the turke and pope , and the nations who adhere to them , it is not at all ; or less , then to give ¾ . of the same to the wives and children of the priests which were not in being when those allowances were set forth ? . if i had not an abhorrence from propounding the lessening of the church means , i could say , that the retrenching part of each remaining parsons tythes and emoluments , and leaving him for part , to the free contributions of his flocks , were a way to promote the gospel , and to give less offence to such as think that their whole maintenance should be made in that manner . . i might also say , that forasmuch as there be more males then females in england , ( the said disproportion pro tanto hindering procreation ) that it were good for the ministers to return to their caelibat ; or that none should be ministers , whilst they were married , it being easie among five millions of people to finde out . that could and would live single , that is , one in a thousand : and then our unmarried parson might live as well with half , as now with the whole of his benefice . . alwayes provided , that though the number of parishes , and the measure of benefices were lessened , yet that the same ought to be done without dammage to the present incumbents . . as for lessening the charge of offices relating to the government and the law , the same will consist in abolishing the superfluous , supernumerary , and antiquated ; and withall , in retrenching the fees of others , to what the labour , art , and trust of their respective employments do require . for there be many offices wholly executed by deputies for small wages , whereas the masters of them have ten times as much , although they know nothing either of what is done , or ought to be done in the business . . now such surplusages as these should be either restored unto the people who gave them unto the king , at a time when those fees made up but a just reward for the officer ; or else the king keeping them still might take them for so much toward the publick charge , but not give them away to stop the importunate suits of any particular person , in whom and in all his dependants , such benefits do but cause a laziness as to the true original gain of the nation , and themselves in particular , together with a total negligence and ignorance of the publick good . . many are the particulars that might be instanced of this kinde ; but my aim not being to prejudice any man in particular , i descend no lower , wishing onely that there might be an universal reformation of what length of time hath warped awry , in which case no particular men are to be troubled ; for if all suffer , none suffers , and all men would be no poorer then now they are if they should lose half their estates ; nor would they be a whit the richer if the same were doubled , the ratio formalis of riches lying rather in proportion then quantity . . to lessen the charge of universities , unto which i adde the inns of court , which is not much , were to lessen the number of the students in divinity , law and medicine , by lessening the use of those professions . now having spoken already of divinity , i come next to the law , and say ; that if registers were kept of all mens estates in lands , and of all the conveyances of , and engagements upon them ; and withal if publick loan-banks , lombards , or banks of credit upon deposited money , plate , jewels , cloth , wooll , silke , leather , linnen , mettals , and other durable commodities , were erected , i cannot apprehend how there could be above one tenth part of the law-suits and writings , as now there are . . and moreover , if by accompt of the people , of their land and other wealth , the number of lawyers and scriveners were adjusted , i cannot conceive how their should remain above one hundredth part of what now are ; forasmuch as i have heard some affirm , that there be now ten times as many as are even now necessary ; and that there are now ten times as many law-suits , as upon the abovementioned reformation , there would be . it follows therefore , that upon the whole there would not need one in a hundred of the present number of retainers to the law , and offices of justice ; the occasions as well of crimes as injuries being so much retrenched . . as for physicians , it is not hard by the help of the observations which have been lately made upon the bills of mortality , to know how many are sick in london by the number of them that dye , and by the proportions of the city to finde out the same of the countrey ; and by both , by the advice of the learned colledge of that faculty to calculate how many physicians were requisite for the whole nation , and consequently , how many students in that art to permit and encourage ; and lastly , having calculated these numbers , to adoptate a proportion of chyrurgeons , apothecaries , and nurses to them , and so by the whole to cut off and extinguish that infinite swarm of vain pretenders unto , and abusers of that god-like faculty , which of all secular employments our saviour himself after he began to preach engaged himself upon . . moreover , if it were agreed , what number of divines , physicians , and civilians ( that is , of men bred in universities ) were requisite to the publick service ? as suppose . in the present way , and perhaps not above . in that way of retrenchment which we propound ; then supposing that but one in forty dyes per annum , it follows that less then . might suffice to be sent yearly out of the universities : where supposing they stay five years one with another , it followeth also that about . is the number of students fit to be allowed in the universities at a time ; i mean , of such as intend to make learning their trade and way of livelihood . . i might intimate , that if . students were enough , and that if there were . parish children and foundlings in england , it were probable that one in twenty of them might be of excellent wit and towardness . now since the publick may dispose of these children as they please , and since there is maintenance in both universities for above . what if our professors of art were in this manner selected and educated ? but of this but in transitu . . hereunto may be added , that by reason of loan banks aforementioned , whereby the credits and estates of all dealers may be known , and all the mysterious dangers of money prevented , and that by good accompts of our growth , manufacture , consumption , and importation , it might be known how many merchants were able to mannage the exchange of our superfluous commodities with the same of other countreys : and also how many retailers are needful to make the subdistributions into every village of this nation , and to receive back their superfluities . upon these grounds i presume a large proportion of these also might be retrenched , who properly and originally earn nothing from the publick , being onely a kinde of gamesters , that play with one another for the labours of the poor ; yielding of themselves no fruit at all , otherwise then as veins and arteries , to distribute forth and back the blood and nutritive juyces of the body politick , namely the product of husbandry and manufacture . . now if the numerous offices and fees relating to the government , law , and church , and if the number of divines , lawyers , physicians , merchants , and retailers were also lessened , all which do receive great wages for little work done to the publick , with how much greater ease would common expences be defrayed ? and with how much more equality would the same be assessed ? . we enumerated six branches of the publick charge , and have slightly spoken how four of them might be lessened ; we come next to the other two branches , whereof we shall rather recommend the augmentation . the first of these two branches i call , generally speaking , care of the poor , consisting of receptacles for the aged , blinde , lame , &c. in health ; hospitals for noysome , chronical , curable and uncurable , inward and outward diseases , with others for acute and contagious . others for orphans , found and exposed children ; of which latter sort none should be refused , let the number be never so great , provided their names , families , and relations were well concealed : the choice of which children being made at their being about eight or ten years old , might afford the king the fittest instruments for all kinde of his affairs , and be as firmly obliged to be his faithful servants as his own natural children . . this is no new nor rare thing , onely the neglect of it in these countreys , is rather to be esteemed a rare and new project : nor is it unknown what excellent fruits there have been of this institution , of which we shall say much more , upon another occasion hereafter . . when all helpless and impotent persons were thus provided for , and the lazy and thievish restrained and punished by the minister of justice , it follows now , that we finde out certain constant employments for all other indigent people , who labouring according to the rules upon them , may require a sufficiency of food and raiment . their children also , ( if small and impotent ) as aforesaid , being provided for elsewhere . . but what shall these employments be ? i answer , such as were reckoned as the sixth branch of the publick expence , viz. making all high-wayes so broad , firm , and eaven , as whereby the charge and tedium of travelling and carriages may be greatly lessened . the cutting and scowring of rivers into navigable ; the planting of usefull trees for timber , delight , and fruit in convenient places : the making of bridges and cawseys . the working in mines , quarries , and colleries . the manufactures of iron , &c. . i pitch upon all these particulars , first , as works wanting in this nation ; secondly , as works of much labour , and little art ; and thirdly , as introductive of new trades into england , to supply that of cloth , which we have almost totally lost . in the next place it will be asked , who shall pay these men ? i answer , every body ; for if there be . men in a territory , and if . of these can raise necessary food and raiment for the whole . if . more make as much commodities , as other nations will give either their commodities or money for , and if . more be employed in the ornaments , pleasure , and magnificence of the whole ; if there be . governours , divines , lawyers , physicians , merchants , and retailers , making in all . the question is , since there is food enough for this-supernumerary . also , how they should come by it ? whether by begging , or by stealing ; or whether they shall suffer themselves to starve , finding no fruit of their begging , or being taken in their stealing be put to death another way ? or whether they shall be given away to another nation that will take them ? i think 't is plain , they ought neither to be starved , nor hanged , nor given away ; now if they beg , they may pine for hunger to day , and be gorged and glutted to morrow , which will occasion diseases and evil habits , the same may be said of stealing ; moreover , perhaps they may get either by begging or stealing more then will suffice them , which will for ever after indispose them to labour , even upon the greatest occasion which may suddenly and unexpectedly happen . . for all these reasons , it will be certainly the safer way to afford them the superfluity which would otherwise be lost and wasted , or wantonly spent : or in case there be no overplus , then 't is fit to retrench a little from the delicacy of others feeding in quantity or quality ; few men spending less then double of what might suffice them as to the bare necessities of nature . . now as to the work of these supernumeraries , let it be without expence of foreign commodities , and then 't is no matter if it be employed to build a useless pyramid upon salisbury plain , bring the stones at stonehenge to tower-hill , or the like ; for at worst this would keep their mindes to discipline and obedience , and their bodies to a patience of more profitable labours when need shall require it . . in the next place , as an instance of the usefulness of what hath been propounded , i ask what benefit will the mending of high-wayes , the building of bridges and cawseys , with making of rivers navigable produce , besides the pleasure and beauty of them ? to which i also answer , as an instance of the premises , that the same , together with the numerous missions of cattle and sheep out of ireland , shall produce a vaste superfluity of english horses , the which because they have the many excellent qualities of beauty , strength , courage , swiftness , and patience concentrated in them , beyond the horses of other places , would be a very vendible commodity all over europe ; and such as depending upon the intrinsick nature of the english soyle could not be counterfeited , nor taken away by others . moreover , an horse is such a commodity as will carry both himself and his merchant to the market , be the same never so distant . chap. iii. how the causes of the unquiet bearing of taxes may be lessened . we have slighty gone through all the six branches of the publick charge , and have ( though imperfectly and in haste ) shewn what would encrease , and what would abate them . we come next to take away some of the general causes of the unquiet bearing of taxes , and yielding to contributions , viz. . . that the people think , the sovereign askes more then he needs . to which we answer , . that if the sovereign were sure to have what he wanted in due time , it were his own great dammage to draw away the money out of his subjects hands , who by trade increase it , and to hoard it up in his own coffers , where 't is of no use even to himself , but lyable to be begged or vainly expended . . . let the tax be never so great , if it be proportionable unto all , then no man suffers the loss of any riches by it . for men ( as we said but now ) if the estates of them all were either halfed or doubled , would in both cases remain equally rich . for they would each man have his former state , dignity , and degree ; and moreover , the money leavied not going out of the nation , the same also would remain as rich in comparison of any other nation ; onely the riches of the prince and people would differ for a little while , namely , until the money leavied from some , were again refunded upon the same , or other persons that paid it : in which case every man also should have his chance and opportunity to be made the better or worse by the new distribution ; or if he lost by one , yet to gain by another . . . now that which angers men most , is to be taxed above their neighbours . to which i answer , that many times these surmizes are mistakes , many times they are chances , which in the next tax may run more favourable ; and if they be by design , yet it cannot be imagined , that it was by design of the sovereign , but of some temporary assessor , whose turn it may be to receive the talio upon the next occasion from the very man he has wronged . . . men repine much , if they think the money leavyed will be expended on entertainments , mangnificent shews , triumphal arches , &c. to which i answer , that the same is a refunding the said moneys to the tradesmen who work upon those things ; which trades though they seem vain and onely of ornament , yet they refund presently to the most useful ; namely , to brewers , bakers , taylours , shoemakers , &c. moreover , the prince hath no more pleasure in these shews and entertainments then . others of his meanest subjects have , whom , for all their grumbling , we see to travel many miles to be spectators of these mistaken and distasted vanities . . . the people often complain , that the king bestows the money he raises from the people upon his favourites : to which we answer ; that what is given to favourites , may at the next step or transmigration , come into our own hands , or theirs unto whom we wish well , and think do deserve it . . secondly , as this man is a favourite to day , so another , or our selves , may be hereafter ; favour being of a very slippery and moveable nature , and not such a thing as we need much to envy ; for the same way that — leads up an hill , leads also down the same . besides , there is nothing in the lawes or customes of england , which excludes any the meanest mans childe , from arriving to the highest offices in this kingdom , much less debars him from the personall kindness of his prince . . all these imaginations ( whereunto the vulgar heads are subject ) do cause a backwardness to pay , and that necessitates the prince to severity . now this lighting upon some poor , though stubborn , stiff-necked refuser , charged with wife and children , gives the credulous great occasion to complain of oppression , and breeds ill blood as to all other matters ; feeding the ill humours already in being . . . ignorance of the number , trade , and wealth of the people , is often the reason why the said people are needlesly troubled , viz. with the double charge and vexation of two , or many levies , when one might have served : examples whereof have been seen in late poll-moneys ; in which ( by reason of not knowing the state of the people , viz. how many there were of each taxable sort , and the want of sensible markes whereby to rate men , and the confounding of estates with titles and offices ) great mistakes were committed . . besides , for not knowing the wealth of the people , the prince knows not what they can bear ; and for not knowing the trade , he can make no judgment of the proper season when to demand his exhibitions . . . obscurities and doubts , about the right of imposing , hath been the cause of great and ugly reluctancies in the people , and of involuntary severities in the prince ; an eminent example whereof was the ship-money , no small cause of twenty years calamity to the whole kingdom . . . fewness of people , is real poverty ; and a nation wherein are eight millions of people , are more then twice as rich as the same scope of land wherein are but four ; for the same governours which are the great charge , may serve near as well , for the greater , as the lesser number . . secondly , if the people be so few , as that they can live , exsponte creatis , or with little labour , such as is grazing , &c. they become wholly without art. no man that will not exercise his hands , being able to endure the tortures of the mind , which much thoughtfulness doth occasion . . . scarcity of money , is another cause of the bad payment of taxes ; for if we consider , that of all the wealth of this nation , viz. lands , housing , shipping , commodities , furniture , plate , and money , that scarce one part of an hundred is coin ; and that perhaps there is scarce six millions of pounds now in england , that is but twenty shillings a head for every head in the nation . we may easily judge , how difficult it is for men of competent estates , to pay a summe of money on a sudden ; which if they cannot compass , severities , and charges ensue ; and that with reason , though unluckie enough , it being more tolerable to undoe one particular member , then to endanger the whole , notwithstanding indeed it be more tolerable for one particular member to be undone with the whole , then alone . . . it seems somewhat hard , that all taxes should be paid in money , that is , ( when the king hath occasion to victual his ships at portsmouth ) that fat oxen , and corn should not be received in kind , but that farmers must first carry their corn perhaps ten miles to sell , and turn into money ; which being paid to the king , is again reconverted into corn , fetcht many miles further . . moreover , the farmer for haste is forced to under-sell his corn , and the king for haste likewise , is forced to over-buy his provisions . whereas the paying in kinde , pro hic & nunc , would lessen a considerable grievance to the poor people . . the next consideration shall be of the consequences , and effects of too great a tax , not in respect of particular men , of which we have spoken before , but to the whole people in general : to which i say , that there is a certain measure , and proportion of money requisite to drive the trade of a nation , more or less then which would prejudice the same . just as there is a certain proportion of farthings necessary in a small retail trade , to change silver money , and to even such reckonings , as cannot be adjusted with the smallest silver pieces . for money , ( made of gold and silver ) is to the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ( that is to the matter of our food and covering ) but as farthings , and other local extrinsick money , is to the gold and silver species . . now as the proportion of the number of farthings requisite in comerse is to be taken from the number of people , the frequency of their exchanges ; as also , and principally from the value of the smallest silver pieces of money ; so in like maner , the proportion of money requisite to our trade , is to be likewise taken from the frequency of commutations , and from the bigness of the payments , that are by law or custome usually made otherwise . from whence it follows , that where there are registers of lands , whereby the just value of each mans interest in them , may be well known ; and where there are depositories of the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , as of metals , cloth , linnen , leather , and other usefuls ; and where there are banks of money also , there less money is necessary to drive the trade . for if all the greatest payments be made in lands , and the other perhaps down to ten pound , or twenty pound be made by credit in lombars or money-banks : it follows , that there needs onely money to pay sums less then those aforementioned ; just as fewer farthings are requisite for change , where there be plenty of silver two pences , then where the least silver piece is six pence . . to apply all this , i say , that if there be too much money in a nation , it were good for the commonalty , as well as the king , and no harm even to particular men , if the king had in his coffers , all that is superflous , no more then if men were permitted to pay their taxes in any thing they could best spare . . on the other side , if the largeness of a publick exhibition should leave less money then is necessary to drive the nations trade , then the mischief thereof would be the doing of less work , which is the same as lessening the people , or their art and industry ; for a hundred pound passing a hundred hands for wages , causes a l . worth of commodities to be produced , which hands would have been idle and useless , had there not been this continual motive to their employment , . taxes if they be presently expended upon our own domestick commodities , seem to me , to do little harm to the whole body of the people , onely they work a change in the riches and fortunes of particular men ; and particularly by transferring the same from the landed and lazy , to the crafty and industrious . as for example , if a gentleman have let his lands to farm for a hundred pound per annum , for several years or lives , and he be taxed twenty pound per annum , to maintain a navy ; then the effect hereof will be , that this gentlemans twenty pound per annum , will be distributed amongst seamen , ship-carpenters , and other trades relating to naval matters ; but if the gentleman had his land in his own hands , then being taxed a fifth part , he would raise his rents near the same proportion upon his under tenants , or would sell his cattle , corn , and wooll a fifth part dearer ; the like also would all other subdependents on him do ; and thereby recover in some measure , what he paid . lastly , but if all the money levied were thrown into the sea , then the ultimate effect would onely be , that every man must work a fifth part the harder , or retrench a fifth part of his consumptions , viz. the former , if forreign trade be improveable , and the latter , if it be not . . this , i conceive , were the worst of taxes in a well policyed state ; but in other states , where is not a certain prevention of beggary and theevery , that is a sure livelihood for men wanting imployment ; there , i confess , an excessive taxe , causes excessive and insuperable want , even of natural necessities , and that on a sudden , so as ignorant particular persons , cannot finde out what way to subsist by ; and this , by the law of nature , must cause sudden effects to relieve it self , that is , rapines , frauds ; and this again must bring death , mutilations , and impisonments , according to the present laws which are mischiefs , and punishments , as well unto the state , as to the particular sufferers of them . chap. iv. of the several wayes of taxe , and first , of setting a part , a proportion of the whole territory for publick uses , in the nature of crown lands ; and secondly , by way of assessement , or land-taxe . but supposing , that the several causes of publick charge are lessened as much as may be , and that the people be well satisfied , and contented to pay their just shares of what is needfull for their government and protection , as also for the honour of their prince and countrey : it follows now to propose the several wayes , and expedients , how the same may be most easily , speedily , and insensibly collected . the which i shall do , by exposing the conveniencies and inconveniences of some of the principal wayes of levyings , used of later years within the several states of europe : unto which others of smaller and more rare use may be referred . . imagine then , a number of people , planted in a territory , who had upon computation concluded , that two millions of pounds per annum , is necessary to the publick charges . or rather , who going more wisely to work , had computed a twenty fifth part of the proceed of all their lands and labours , were to be the excisium , or the part to be cut out , and laid aside for publick uses . which proportions perhaps are fit enough to the affairs of england , but of that hereafter . . now the question is , how the one or the other shall be raised . the first way we propose , is , to excize the very land it self in kinde ; that is , to cut out of the whole twenty five millions , which are said to be in england and wales , as much land in specie , as whereof the rack-rent would be two millions , viz. about four millions of acres , which is about a sixth part of the whole ; making the said four millions to be crown lands , and as the four counties intended to be reserved in ireland upon the forfeitures were . or else to excize a sixth part of the rent of the whole , which is about the proportion , that the adventurers and souldiers in ireland retribute to the king , as quit rents . of which two wayes , the latter is manifestly the better , the king having more security , and more obliges ; provided the trouble and charge of this universal collection , exceed not that of the other advantage considerably . . this way in a new state would be good , being agreed upon , as it was in ireland , before men had even the possession of any land at all ; wherefore whosoever buyes land in ireland hereafter , is no more concerned with the quit rents wherewith they are charged , then if the acres were so much the fewer ; or then men are , who buy land , out of which they know tythes are to be paid . and truly that countrey is happy , in which by original accord , such a rent is reserved , as whereby the publick charge may be born , without contingent , sudden , superadditions , in which lies the very ratio of the burthen of all contributions and exactions . for in such cases , as was said before , it is not onely the landlord payes , but every man who eats but an egg , or an onion of the growth of his lands ; or who useth the help of any artisan , which feedeth on the same . . but if the same were propounded in england , viz. if an aliquot part of every landlords rent were excinded or retrenched , then those whose rents were settled , and determined for long times to come , would chiefly bear the burthen of such an imposition , and others have a benefit thereby . for suppose a. and b. have each of them a parcel of land , of equal goodness and value ; suppose also that a. hath let his parcel for twenty one years at twenty pound per annum , but that b. is free ; now there comes out a taxe of a fifth part ; hereupon b. will not let under l. that his remainder may be twenty , whereas a. must be contented with sixteen neat ; nevertheless the tenants of a. will sell the proceed of their bargain at the same rate , that the tenants of b. shall do . the effect of all this is ; first , that the kings fifth part of b. his farm , shall be greater then before . secondly , that the farmer to b. shall gain more then before the taxe . thirdly , that the tenant or farmer of a. shall gain as much as the king and tenant to b. both . fourthly , the tax doth ultimately light upon the landlord a. and the consumptioners . from whence it follows , that a land-taxe resolves into an irregular excize upon consumptions , that those bear it most , who least complain . and lastly , that some landlords may gain , and onely such whose rents are predetermined shall loose ; and that doubly , viz. one way by the raising of their revenues , and the other by exhausting the prices of provisions upon them . . another way is an excisium out of the rent of houseing , which is much more uncertain then that of land. for an house is of a double nature , viz. one , wherein it is a way and means of expence ; the other , as 't is an instrument and tool of gain : for a shop in london of less capacity and less charge in building then a fair dining-room in the same house , unto which both do belong , shall nevertheless be of the greater value ; so also shall a dungeon , sellar , then a pleasant chamber ; because the one is expence , the other profit . now the way land-taxe rates housing , as of the latter nature , but the excize , as of the former . . we might sometimes adde hereunto , that housing is sometimes disproportionally taxed to discourage building , especially upon new foundations , thereby to prevent the growth of a city ; suppose london , such excessive and overgrown cities being dangerous to monarchy , though the more secure when the supremacy is in citizens of such places themselves , as in venice . . but we say , that such checking of new buildings signifies nothing to this purpose ; forasmuch as buildings do not encrease , until the people already have increased : but the remedy of the abovementioned dangers is to be sought in the causes of the encrease of people , the which if they can be nipt , the other work will necessarily be done . but what then is the true effect of forbidding to build upon new foundations ? i answer to keep and fasten the city to its old seat and ground-plot , the which encouragement for new buildings will remove , as it comes to pass almost in all great cities , though insensibly , and not under many years progression . . the reason whereof is , because men are unwilling to build new houses at the charge of pulling down their old , where both the old house it self , and the ground it stands upon do make a much dearer ground-plot for a new house , and yet far less free and convenient ; wherefore men build upon new free foundations , and cobble up old houses , until they become fundamentally irreparable , at which time they become either the dwelling of the rascality , or in process of time return to waste and gardens again , examples whereof are many even about london . now if great cities are naturally apt to remove their seats , i ask which way ? i say , in the case of london , it must be westward , because the windes blowing near ¾ . of the year from the west , , the dwellings of the west end are so much the more free from the fumes , steams , and stinks of the whole easterly pyle ; which where seacoal is burnt is a great matter . now if it follow from hence , that the pallaces of the greatest men will remove westward , it will also naturally follow , that the dwellings of others who depend upon them will creep after them . this we see in london , where the noblemens ancient houses are now become halls for companies , or turned into tenements , and all the pallaces are gotten westward ; insomuch , as i do not doubt but that five hundred years hence , the kings pallace will be near chelsey , and the old building of whitehall converted to uses more answerable to their quality . for to build a new royal pallace upon the same ground will be too great a confinement , in respect of gardens and other magnificencies , and withall a disaccommodation in the time of the work ; but it rather seems to me , that the next palace will be built from the whole present contignation of houses at such a distance as the old pallace of westminster was from the city of london , when the archers began to bend their bowes just without ludgate , and when all the space between the thames , fleet-street , and holborn was as finsbury-fields are now . . this digression i confess to be both impertinent to the business of taxes , and in it self almost needless ; for why should we trouble our selves what shall be five hundred years hence , not knowing what a day may bring forth ; and since 't is not unlikely , but that before that time we may be all transplanted from hence into america , these countreys being over-run with turks , and made waste , as the seats of the famous eastern empires at this day are . . onely i think 't is certain , that while ever there are people in england , the greatest cohabitation of them will be about the place which is now london , the thames being the most commodious river of this island , and the seat of london the most commodious part of the thames ; so much doth the means of facilitating carriage greaten a city , which may put us in minde of employing our idle hands about mending the high-wayes , making bridges , cawseys , and rivers navigable : which considerations brings me back round into my way of taxes , from whence i digrest . . but before we talk too much of rents , we should endeavour to explain the mysterious nature of them , with reference as well to money , the rent of which we call usury ; as to that of lands and houses , aforementioned . . suppose a man could with his own hands plant a certain scope of land with corn , that is , could digg , or plough , harrow , weed , reap , carry home , thresh , and winnow so much as the husbandry of this land requires ; and had withal seed wherewith to sowe the same . i say , that when this man hath subducted his seed out of the proceed of his harvest , and also , what himself hath both eaten and given to others in exchange for clothes , and other natural necessaries ; that the remainder of corn , is the natural and true rent of the land for that year ; and the medium of seven years , or rather of so many years as makes up the cycle , within which dearths and plenties make their revolution , doth give the ordinary rent of the land in corn. . but a further , though collaterall question may be , how much english money this corn or rent is worth ? i answer , so much as the money , which another single man can save , within the same time , over and above his expence , if he imployed himself wholly to produce and make it ; viz. let another man go travel into a countrey where is silver , there dig it , refine it , bring it to the same place where the other man planted his corn ; coyne it , &c. the same person , all the while of his working for silver , gathering also food for his necessary livelihood , and procuring himself covering , &c. i say , the silver of the one , must be esteemed of equal value with the corn of the other : the one being perhaps twenty ounces , and the other twenty bushels . from whence it follows , that the price of a bushel of this corn to be an ounce of silver . . and forasmuch as possibly there may be more art and hazzard in working about the silver , then about the corn , yet all comes to the same pass ; for let a hundred men work ten years upon corn , and the same number of men , the same time , upon silver ; i say , that the neat proceed of the silver is the price of the whole neat proceed of the corn , and like parts of the one , the price of like parts of the other . although not so many of those who wrought in silver , learned the art of refining and coining , or out-lived the dangers and diseases of working in the mines . and this also is the way of pitching the true proportion , between the values of gold and silver , which many times is set but by popular errour , sometimes more , sometimes less , diffused in the world ; which errour ( by the way ) is the cause of our having been pestred with too much gold heretofore , and wanting it now . . this , i say , to be the foundation of equallizing and ballancing of values ; yet in the superstructures and practices hereupon , i confess there is much variety , and intricacy ; of which hereafter . . the world measures things by gold and silver , but principally the latter ; for there may not be two measures , and consequently the better of many must be the onely of all ; that is , by fine silver of a certain weight : but now if it be hard to measure the weight and fineness of silver , as by the different reports of the ablest saymasters i have known it to be ; and if silver granted to be of the same fineness and weight , rise and fall in its price , and be more worth at one place then another , not onely for being farther from the mines , but for other accidents , and may be more worth at present , then a moneth or other small time hence ; and if it differ in its proportion unto the several things valued by it , in several ages upon the increase and diminution thereof , we shall endeavour to examine some other natural standards and measures , without derogating from the excellent use of these . . our silver and gold we call by severall names , as in england by pounds , shillings , and pence , all which may be called and understood by either of the three . but that which i would say upon this matter is , that all things ought to be valued by two natural denominations , which is land and labour ; that is , we ought to say , a ship or garment is worth such a measure of land , with such another measure of labour ; forasmuch as both ships and garments were the creatures of lands and mens labours thereupon : this being true , we should be glad to finde out a natural par between land and labour , so as we might express the value by either of them alone as well or better then by both , and reduce one into the other as easily and certainly as we reduce pence into pounds . wherefore we would be glad to finde the natural values of the fee simple of land , though but no better then we have done that of the usus fructus abovementioned , which we attempt as followeth . . having found the rent or value of the usus fructus per annum , the question is , how many years purchase ( as we usually say ) is the fee simple naturally worth ? if we say an infinite number , then an acre of land would be equal in value to a thousand acres of the same land ; which is absurd , an infinity of unites being equal to an infinity of thousands . wherefore we must pitch upon some limited number , and that i apprehend to be the number of years , which i conceive one man of fifty years old , another of twenty eight , and another of seven years old , all being alive together may be thought to live ; that is to say , of a grandfather , father , and childe ; few men having reason to take care of more remote posterity : for if a man be a great grandfather , he himself is so much the nearer his end , so as there are but three in a continual line of descent usually co-existing together ; and as some are grandfathers at forty years , yet as many are not till above sixty , and sic de caeteris . . wherefore i pitch the number of years purchase , that any land is naturally worth , to be the ordinary extent of three such persons their lives . now in england we esteem three lives equal to one and twenty years , and consequently the value of land , to be about the same number of years purchase . possibly if they thought themselves mistaken in the one , ( as the observator on the bills of mortality thinks they are ) they would alter in the other , unless the consideration of the force of popular errour and dependance of things already concatenated , did hinder them . . this i esteem to be the number of years purchase where titles are good , and where there is a moral certainty of enjoying the purchase . but in other countreys lands are worth nearer thirty years purchase , by reason of the better titles , more people , and perhaps truer opinion of the value and duration of three lives . . and in some places , lands are worth yet more years purchase by reason of some special honour , pleasures , priviledge or jurisdiction annexed unto them . . on the other hand , lands are worth fewer years purchase ( as in ireland ) for the following reasons , which i have here set down , as unto the like whereof the cause of the like cheapness in any other place may be imputed . first , in ireland by reason of the frequent rebellions , ( in which if you are conquered , all is lost ; or if you conquer , yet you are subject to swarms of thieves and robbers ) and the envy which precedent missions of english have against the subsequent , perpetuity it self is but forty years long , as within which time some ugly disturbance hath hitherto happened almost ever since the first coming of the english thither . . . the claims upon claims which each hath to the others estates , and the facility of making good any pretence whatsoever by the favour of some one or other of the many governours and ministers which within forty years shall be in power there ; as also by the frequency of false testimonies , and abuse of solemn oaths . . . the paucity of inhabitants , there being not above the ⅕ . th . part so many as the territory would maintain , and of those but a small part do work at all , and yet a smaller work so much as in other countreys . . . that a great part of the estates both real and personal in ireland are owned by absentees , and such as draw over the profits raised out of ireland refunding nothing ; so as ireland exporting more then it imports doth yet grow poorer to a paradox . . . the difficulty of executing justice , so many of those in power being themselves protected by offices , and protecting others . moreover , the number of criminous and indebted persons being great , they favour their like in juries , offices , and wheresoever they can : besides the countrey is seldom enough to give due encouragement to profound judges and lawyers , which makes judgements very casual ; ignorant men being more apt to be bold and arbitrary , then such as understand the dangers of it . but all this with a little care in due season might remedy , so as to bring ireland in a few years to the same level of values with other places ; but of this also elsewhere more at large , for in the next place we shall come to usury . chap. v. of usury . what reason there is for taking or giving interest or usury for any thing which we may certainly have again whensoever we call for it , i see not ; nor why usury should be scrupled , where money or other necessaries valued by it , is lent to be paid at such a time and place as the borrower chuseth , so as the lender cannot have his money paid him back where and when himself pleaseth , i also see not . wherefore when a man giveth out his money upon condition that he may not demand it back until a certain time to come , whatsoever his own necessities shall be in the mean time , he certainly may take a compensation for this inconvenience which he admits against himself : and this allowance is that we commonly call usury . . and when one man furnisheth another with money at some distant place , and engages under great penalties to pay him there , and at a certain day besides ; the consideration for this , is that we call exchange or local usury . as for example , if a man wanting : money at carlisle in the heat of the late civil wars , when the way was full of souldiers and robbers , and the passage by sea very long , troublesome , and dangerous , and seldom passed ; why might not another take much more then an l . at london for warranting the like summe to be paid at carlisle on a certain day ? . now the questions arising hence are ; what are the natural standards of usury and exchange ? as for usury , the least that can be , is the rent of so much land as the money lent will buy , where the security is undoubted ; but where the security is casual , then a kinde of ensurance must be enterwoven with the simple natural interest , which may advance the usury very conscionably unto any height below the principal itself . now if things are so in england , that really there is no such security as abovementioned , but that all are more or less hazardous , troublesome , or chargeable to make , i see no reason for endeavoring to limit usury upon time , any more then that upon place , which the practice of the world doth not , unless it be that those who make such laws were rather borrowers then lenders : but of the vanity and fruitlessness of making civil positive laws against the laws of nature , i have spoken elsewhere , and instanced in several particulars . . as for the natural measures of exchange , i say , that in times of peace , the greatest exchange can be but the labour of carrying the money in specie , but where are hazards emergent uses for money more in one place then another , &c. or opinions of these true or false , the exchange will be governed by them . . parallel unto this , is something which we omit concerning the price of land ; for as great need of money heightens exchange , so doth great need of corn raise the price of that likewise , and consequently of the rent of the land that bears corn , and lastly of the land itself ; as for example , if the corn which feedeth london , or an army , be brought forty miles thither , then the corn growing within a mile of london , or the quarters of such army , shall have added unto its natural price , so much as the charge of bringing it thirty nine miles doth amount unto : and unto perishable commodities as fresh fish , fruits , &c. the ensurance upon the hazard of corrupting , &c. shall be added also ; and finally unto him that eats these things there ( suppose in taverns ) shall be added the charge of all the circumstancial appurtenances of house-rent , furniture , attendance , and the cooks skill as well as his labour to accompany the same . . hence it comes to pass , that lands intrinsically alike near populous places , such as where the perimeter of the area that feeds them is great , will not onely yield more rent for these reasons , but also more years purchase then in remote places , by reason of the pleasure and honour extraordinary of having lands there ; for — omne tulit punctum qui miscuit utile dulci. . having finished our digression upon the measures of the rents and values of lands and moneys , we now return to our second way of leavying publick charges , which was the taking of a proportion of the rent , ( commonly called assessment ) it follows next to speak of the way of computing the said rents , otherwise then according to the bargains which a few men make one with another , through ignorance , haste , false suggestion , or else in their passion or drink : although i acknowledge , that the medium or common result of all the bargains made within three years ( or other such cycle of time , as within which all contingencies of land revolve ) may be very sufficient to this purpose , being but the summe synthetically computed by casual opinions , as i would endeavour to cast up analytically by a distinct particularizing of the causes . . . therefore i propound a survey of the figures , quantities , and scituations of all the lands both according to the civil bounds of parishes , farms , &c. and the natural distinctions thereof by the sea , rivers , ridges of rocks , or mountains , &c. . . i propound that the quality of each denomination were described by the commodities it had usually born , in some land , some sort of timber , grain , pulse or root growing more happily then in others : also by the encrease of things sown or planted , which it hath yielded communibus annis ; and withall , the comparative goodness of the said commodities not unto the common standard money , but to one another . as for example ; if there be ten acres of land , i would have it judged whether they be better for hay or corn ; if for hay , whether the said ten acres will bear more or less of hay then ten other acres ; and whether an hundred weight of the said hay will feed or fatten more or less , then the same weight of other hay , and not as yet comparing it to money , in which the value of the said hay will be more or less , according to the plenty of money , which hath changed strangely since the discovery of the west indies , and according to the multitudes of people living near this land , together with the luxurious or frugal living of them ; and besides all , according to the civil , natural , and religious opinions of the said people : as for example , eggs in the fore-part of lent ( because their goodness and delicacy decayes before lent be done ) being worth little in some popish countreys ; nor swines flesh among the jews , nor hedgehogs , frogs , snails , mushrooms , &c. to those that fear to eat them , as poisonous or unwholesome ; nor currans and spanish wines , if they were all to be destroyed as the great thieves of this nation , by an edict of the state. . this i call a survey or inquisition into the intrinsick values of land , that of extrinsick or accidentall follows . we said , that the change of the store of money would change the rates of commodities according to our reckoning in names and words , ( pounds , shillings , and pence being nothing else ) as for example : if a man can bring to london an ounce of silver out of the earth in peru , in the same time that he can produce a bushel of corn , then one is the natural price of the other ; now if by reason of new and more easie mines a man can get two ounces of silver as easily as formerly he did one , then corn will be as cheap at ten shillings the bushel , as it was before at five shillings caeteris paribus . . it behoves us therefore to have a way , whereby to tell the money of our countrey ( which i think i have , and that in a short time , and without cost , and ( which is more ) without looking into particular mens pockets ; of which hereafter . ) now if we know what gold and silver we had in england two hundred years ago , and could tell it again now ; and though we also knew the difference of our denominations then , when thirty seven shillings were made out the same quantity of silver as sixty two are now ; also that of the alloy , labour in coinage , remedies for weight and fineness , and duties to the king ; nay , if we also knew the labourers wages then and now , yet all this would not shew the difference of the riches of our nation even in money alone . . wherefore we must adde to the premises , the knowledge of the difference of the numbers of the people , and conclude , that if all the money in the nation were equally divided amongst all the people both then and now , that that time wherein each devisee had wherewith to hire most labourers , was the richer . so that we want the knowledge of the people and bullion which is now in this land , and which was heretofore ; all which i think may be found out even for the time past , but more probably for the time present and to come . . but to proceed ; suppose we had them , then we would pitch the accidental values upon our lands about london ; as thus , viz. we would first at hazzard compute the materials for food and covering , which the shires of essex , kent , surrey , middlesex and hertford , next circumjacent to london , did communibus annis produce ; and would withal compute the consumptioners of them living in the said five shires and london . the which if i found to be more then were the consumptioners living upon the like scope of other land , or rather upon as much other land as bore the like quantity of provisions . then i say , that provisions must be dearer in the said five shires then in the other ; and within the said shires cheaper or dearer as the way to london was more or less long , or rather more or less chargeable . . for if the said five shires did already produce as much commodity , as by all endeavour was possible : then what is wanting must be brought from a far , and that which is near , advanced in price accordingly ; or if by the said shires by greater labour then now is used , ( as by digging instead of ploughing , setting instead of sowing , picking of choice seed instead of taking it promiscuously , steeping it instead of using it wholly unprepared , and manuring the ground with salt instead of rotten straw , &c. ) then will the rent be as much more advanced , as the excess of encrease exceeds that of the labour . . now the price of labour must be certain , ( as we see it made by the statutes which limit the day wages of several workmen , ( the non-observance of which laws , and the not adapting them to the change of times , is by the way very dangerous , and confusive to all endeavours of bettering the trade of the nation . . moreover , the touchstone to try whether it be better to use those improvements or not , is to examine whether the labour of fetching these things even from the places where they grow wilde , or with less culture , be not less then that of the said improvements . . against all this will be objected , that these computations are very hard if not impossible to make ; to which i answer onely this , that they are so , especially if none will trouble their hands or heads to make them , or give authority for so doing : but withall , i say , that until this be done , trade will be too conjectural a work for any man to employ his thoughts about ; for it will be the same wisdom in order to win with fair dice , to spend much time in considering how to hold them , how much to shake them , and how hard to throw them , and on what angles they should hit the side of the tables , as to consider how to advance the trade of this nation ; where at present particular men get from their neighbours ( not from the earth and sea ) rather by hit then wit , and by the false opinions of others ; rather then their own judgements ; credit every where , but chiefly in london , being become a meer conceit , that a man is responsible or not , without any certain knowledge of his wealth or true estate . whereas i think the nature of credit should be limited onely to an opinion of a mans faculties to get by his art and industry . the way of knowing his estate being to be made certain , and the way of making him pay what he owes to the utmost of his ability , being to be expected from the good execution of our laws . . i should here enlarge upon a paradox , to prove that if every mans estate could be alwayes read in his forehead , our trade would much be advanced thereby , although the poorer ambitious man be commonly the more industrious . but of this elsewhere . . the next objection against this so exact computation of the rents and works of lands , &c. is , that the sovereign would know too exactly every mans estate ; to which i answer , that if the charge of the nation be brought as low as it may be , ( which depends much upon the people in parliament to do ) and if the people be willing and ready to pay , and if care be taken , that although they have not ready money , the credit of their lands and goods shall be as good ; and lastly , that it would be a great discommodity to the prince to take more then he needs , as was proved before ; where is the evil of this so exact knowledge ? and as for the proportion of every contributor , why should any man hope or accept to ease himself by his craft and interest in a confusion ? or why should he not fear , though he may be advantaged this time , to suffer in the next . chap. vi. of customs and free ports . custom is a contribution or excisium out of goods sent out or imported into the princes dominions : in these countreys of a twentieth part not according to the prices currant among merchants of each respective commodity , but according to other standing rates set by the state , though advised for the most part by concerned persons . . i cannot well imagine what should be the natural reasons , why a prince should be paid this duty inward and outward both ; there seems indeed to be some , why he should be paid for indulging the exportation of some such things as other countreys do really want . . wherefore i think , that customs at the first were a praemium allowed the prince for protecting the carriage of goods both inward and outward from the pyrats ; and this i should verily believe , if the prince were bound to make good losses of that kinde . and i thought that the proportion of five pound per cent . was pitched upon computation , that the merchants before the said undertaking and composition , had usually lost more by pyracy : and finally , that the customs had been an ensurance upon losses by enemies , as the ensurance now usual , is of the casualties of sea , winde , weather , and vessel , or altogether ; or like the ensurance in some countreys of houses from fires for a certain small part of their yearly rent . but be it what it will , it is anciently established by law , and ought to be paid until it shall be abolished . onely i take leave as an idle philosopher to discourse upon the nature and measures of it . . the measures of customs outwards may be such , as after reasonable profit to the exporter will leave such of our own commodities as are necessary to forreigners somewhat cheaper unto them then they can be had from elsewhere . as for example , tin is a native commodity , which governs the market , that is , there is none so good and so easie to be had and exported . now suppose tin might be made in cornwall for four pence the pound , and that the same would yield twelve pence at the nearest part in france , i say , that this extraordinary profit ought to be esteemed as a mine royal , or tresor trovè , and the sovereign ought to have his share in it : which he will have , by imposing so great a duty upon tin exported , as on one side may leave a subsistence to the workmen , ( and no more ) with a competent profit to the owners of the ground ; and on the other side , may leave the price abroad less then that for which tin may be had from any other place . . the same imposition might also be made on the tin spent at home , unless it be as impossible so to do , as for the king of france to impose the gabel upon salt in the very places where it is made . . but it is observed , that such high duties make men endeavour not to enter any such goods at all , or pay for them , provided the charge of smuckling and bribing , with the hazzard of being seized do not communibus vi●ibus exceed the duty . . wherefore the measures of this nature are , that it be more easie , safe , and profitable for men to keep the law , then to break it , unless it be in such cases , where the magistrate can with certainty execute the law. as for example , it would be hard to save the duties upon horses shipped at a small port , without adjacent creeks , and that but some certain two hours every tide , forasmuch as horses cannot be disguised , put up in bags or cask , nor shipped without noise and the help of many hands . . the measures of customs upon imported commodities are ; . that all things ready and ripe for consumption may be made somewhat dearer then the same things grown or made at home ; if the same be feasible caeteris talibus . . that all superfluities tending to luxury and sin , might be loaded with so much impost , as to serve instead of a sumptuary law to restrain the use of them . but here also care is to be had that it be not better to smuckle then to pay . . on the contrary , all things not fully wrought and manufactured , as raw hides , wool , beaver , raw-silk , cotton ; as also all tools and materials for manufacture , as also dying-stuff , &c. ought to be gently dealt with . . if to leavy the payment of these duties could be most exactly performed , princes might strangely practice one upon another ; wherefore since they cannot , the people pay no more then they cannot with greater safety upon the whole matter save , nor observe any more of these laws , then they cannot elude . . the inconveniences of the way of customs , are , viz. . that duties are laid upon things not yet ripe for use , upon commodities in fieri , and but in the way of their full improvements , which seems the same ill-husbandry , as to make fuel of young saplings , instead of dotards and pollards . . the great number of officers requisite to collect the said duies , especially in a countrey where the harbours are many , and the tides convenient for shipping of goods at any time . . the great facility of smuckling by briberies , collusions . hiding and disguising of commodities , &c. and all this notwithstanding oaths and penalties , and withall by the several wayes of mitigating and taking off the said penalties even after discovery . . the customs or duties upon the few commodities of the growth of england exchanged with forreigners , make too small a part of the whole expence of the people of this kingdom , which ( perhaps is not less then fifty millions of pounds per annum ) out of which to bear the common charges thereof , so as some other way of leavy must be practised together with it ; whereas by some one way , if the best , the whole work may be absolved : wherefore 't is an inconvenience in the way of customs , that it necessitates other wayes then it self . . now as a small attempt of a remedy or expedient herein , i offer rather , that instead of the customs upon goods shipped , every ship that goes in or out , may pay a tonnage , the same being collectible by a very few hands , as a matter visible to all the world ; and that the said duty be but such a part of the fraight , as the like whereof being excinded out of the whole consumption , would defray all the publique charge ; which part perhaps is . per cent. or thereabouts , viz. two millions per annum out of fifty . . the other is , that the customs be reduced into the nature of an ensurance - praemium , and that the same be augmented and fitted , as whereby the king may afford to ensure the goods as well against the sea as enemies ; by which means the whole nation would be concerned in all such losses , and then the merchant for his own sake would more willingly enter and pay for whatsoever he would have ensured . . but it will be here objected , that although the duty of customs be abrogated , yet that there must be almost the same number of officers maintained as now to prevent the bringing in and carrying out of prohibited commodities . wherefore we shall here state the nature of such prohibitions by two or three grand instances . . to prohibit the exportation of money , in that it is a thing almost impracticable , it is almost nugatory and vain ; and the danger of it resolves either into a kinde of ensurance answerable to the danger of being seized , or unto a surcharge of a composition by bribing the searchers . as for example , if but one in fifty exportations are seized , or if twenty shillings be usually taken for coining at fifty pounds , then the commodities bought with this money must be sold two at least per cent . the dearer to the consumptioner . now if the trade will not bear this surcharge , then money will not be exported with discretion . now the use of this prohibition , supposing it practicable , is to serve as a sumptuary law , and to binde the nation in general not to spend more then they get ; for if we could export no commodity of our own growth or manufacture then by prohibiting the going out of money , it is also ipso facto commanded that nothing forreign should be brought in . again supposing , that ordinarily we export enough to furnish us with all forreign commodities , but upon some extraordinary decay of our land or hands , we are able to export but half as much as would procure our ordinary proportion of forreign goods , then the prohibition of money performs indeed the part of a sumptuary law , in hindring us to bring n any more then half as much forreign commodities as we formerly used , onely it leaves it to the discretion of the merchant , to chose which he will neglect or forbear to bring in , and w●ich not ; whereas in sumptuary laws the state taketh this care upon themselves . as for example , if we wanted exportations to ballance our importations by forty thousand pounds , and suppose for examples sake , that the importation of forty thousand pounds worth of coffee-berries , or the like of spanish wine must be retrenched ; in this case , the said prohibition of money will do one , or some of one , and some of the other as much harm as the merchant himself pleases : but the sumptuary law determines , whether we shall encourage and keep fair with the nation that sends us wine rather then that which sends us coffee , whether the expence of wine or coffee be most prejudicial to our people , &c. . the benefits alledged for the free exportation of money is m●●●rrily this , viz. that if a ship carrying out of england forty thousand pounds worth of cloth , might also carry with it forty thousand pounds in money , then could the merchant stand the stiffer upon his terms , and in fine would buy cheaper , and sell dearer ; but by the way , the merchant buyes this power with the intrest and of the money he carries , which if it amount to five pound per cent. then he had better sold his goods at four pound per cent. under rate , then to have fortified himself with money as aforesaid . but of this more may be said , we hasten to the great point of wool. . the hollanders having gotten away our manufacture of cloth , by becoming able to work with more art , to labour and fare harder , to take less fraight , duties and ensurance , hath so madded us here in england , that we have been apt to think of such exorbitantly fierce wayes of prohibiting wool and earth to be exported , as perhaps would do us twice as much harm as the losse of our said trade . wherefore to return to our wits and trade again , before we can tell what to do in this case , we must consider ; . that we are often forced to buy corn from abroad , and as often complain that we are pestered with abundance of idle hands at home , and withall that we cannot vend the woollen manufactures even which our few working hands do produce . in this case were it not better to lessen our sheep-trade , and convert our hands to more tillage ? because . flesh becomming dearer , there would be encouragement for fish , which will never be till then . . our money would not run so fast away for corn. . we should have no such gluts of wool upon our hands . . our idle hands would be employed in tillage and fishing , one man by the way of grazing , tilling as it were many thousand acres of land by himself and his dog. . suppose we wanted no corn , nor had any idle hands , and yet that we abounded with more wool then we can work up ; in this certainly wool might be exported , because 't is supposed , that the hands which work are already employed upon a better trade . . suppose the hollander outdo us by more art , were it not better to draw over a number of their choice workmen , or send our most ingenious men thither to learn ; which if they succeed ; it is most manifest , that this were the more natural way , then to keep that infinite clutter about resisting of nature , stopping up the windes and seas , &c. . if we can make victual much cheaper here then in holland , take away burthensome , frivolous , and antiquated impositions and offices . i conceive even this were better then to perswade water to rise out of it self above its natural spring . . we must consider in general , that as wiser physicians tamper not excessively with their patients , rather observing and complying with the motions of nature , then contradicting it with vehement administrations of their own ; so in politicks and oconomicks the same must be used ; for naturam expellas furcâ licet usque recurrit . . nevertheless , if the hollanders advantages in making cloth be but small and few in comparison of ours , that is , if they have but a little the better of us , then i conceive that prohibitions to export wool may sufficiently turn the scales . but whether this be 〈◊〉 , i leave to others , being my self neither merchant nor statseman . . as for prohibition of importations , i say that it needs not be , until they much exceed our exportations . for if we should think it hard to give good necessary cloth for debauching wines , yet if we cannot dispose of our cloth to others , 't were better to give it for wine or worse , then to cease making it ; nay , better to burn a thousand mens labours for a time , then to let those thousand men by non-employment lose their faculty of labouring . in brief , what may be further said hereupon , resolves into the doctrine and ingenium of making sumptuary laws , and judicious use of them pro hic & nunc . . unto this discourse of customs appertains that of free ports , which ( in a nation that onely trades for it self , viz. vents its own superfluities , and imports onely necessaries for it self ) are of no use , but rather harm ; for suppose wines be brought into a free port , be there housed and privately sold , but the cask filled up with stained water , and put on ship-board again to be staved as soon as the ship is out at sea : in this case , the duties of those wines are defrauded , as it also may be many other wayes . . now if it be said , that although we should trade but for our selves , yet that our ports ( being more commodious then those of other nations ) would be the more frequented ; for being free , and consequently the more enriched , by the expence of sea-men and passengers , hire of labourers , and ware-houses , &c. even without any custom at all upon the goods . nevertheless 't is reason that a small duty should be paid upon the ship as aforesaid for such use of our ports , and that eo nomine ; not expecting all our benefit from the said hire of cellaridge , porters , and carmen , which also might be had over and above for their proper reasons . . but if we could attain to be the merchants between other nations , there is then no reason for exacting duties ( as was said before ) upon things in fieri , and which are but in the way of their improvement : and as for the fraud that may be committed , as in the case of wines abovementioned , i affirm that our excize upon the consumption , would overcome and elude them . chap. vii . of poll-money . poll-money is a tax upon the persons of men , either upon all simply and indifferently , or else according to some known title or mark of distinction upon each ; and that either of bare honour , or else of some office sought or imposed , or of some faculty and calling without respect to riches or poverty , incomes or expence , gain or loss accrewing by the said title , office , or faculty . . the poll-moneys which have been leavied of late have been wonderfully confused ; as taxing some rich single persons at the lowest rate ; some knights , though wanting necessaries , at twenty pounds , encouraging some vain fellows to pay as esquires , on purpose to have themselves written esquires in the receipts ; making some pay ten pounds as doctours of physick or law , who get nothing by the faculty , nor minde the practice ; making some poor tradesmen forced to be of the liveries of their companies to pay beyond their strength ; and lastly , some to pay according to their estates , the same to be valued by those that know them not ; thereby also giving opportunity to some bankrupts to make the world credit them as men of such estates , at which the assessors did rate them by collusion . . so as by this confusion , arbitraries , irregularities , and hotch-pot of qualifications , no estimate could be made of the fitness of this plaister to the sore , nor no checque or way to examine whether the respective receipts were duly accompted for , &c. . wherefore wholly rejecting the said complicated way of tax , i shall speak of poll-money more distinctly , and first of the simple poll-money upon every head of all mankiude alike ; the parish paying for those that receive alms , parents for their children under age , and masters for their apprentices , and others who receive no wages . . the evil of this way is , that it is very unequal ; men of unequal abilities , all paying alike , and those who have greatest charges of children paying most ; that is , that by how much the poorer they are , by so much the harder are they taxed . . the conveniencies are ; first , that it may be suddenly collected , and with small charge : secondly , that the number of the people being alwayes known , it may be sufficiently computed what the same will amount unto . thirdly , it seems to be a spur unto all men , to set their children to some profitable employment upon their very first capacity , out of the proceed whereof , to pay each childe his own poll-money . . the next poll-money is upon every head , but distinguished by titles of meer honour , without any kinde of office or faculty ; as , dukes , marquesses , earls , viscounts , barons , baronets , knights , and esquires , viz. the eldest sons of knights in perpetuum , and gentlemen if they write themselves so . this way is much more equal then the other ; forasmuch as those who are titled , are for the most part rich proportionably ; or if they were not , yet men so dignified shall command a preheminence and place , even although they do not or cannot buy it of the vulgar by their expence : my meaning hereby is , that a title may possibly save a man as much as his poll-money may exceed the plebeian level by reason of such title . . moreover , good and multiform accompts being kept of the people , this tax may be also easily speedily and inexpensively collected ; and also being capable of being computed aforehand , may be fitted and seized according to the needs of the prince . . as for offices , they are indeed dignities for the most part , but paid for by the trouble of administring them ; as for example , to be an alderman suppose of london , is indeed an honour , yet many pay five hundred pounds to be excused from receiving it . nevertheless it may not be improper to tax offices sought , or such as are accepted although they might be refused : and on the other side no titulado should be forced to pay poll-money according to his title , if he be contented to lay it down , and never resume it more . . the titles of faculties and callings ought to be no qualification in a poll-money , because they do not necessarily nor probably inferr ability to pay , but carry with them vaste inequalities . but therefore if a man by his licence to practise get much , it may be presumed he will spend accordingly ; in which net the way of excize will certainly take him , as it will all the officers aforementioned . . harth-money seems to be a poll-money , but is not , be-being rather a way of accumulative excize ; of which hereafter . chap. viii . of lotteries . men that accept titles may foresee , that they may be taxed by them as aforesaid , ( although it be unlikely ( one house of parliament being all tituladoes , and the greatest part of the other being such also ) that any such way of leavy should pass ) and therefore they do as it were à priori consent unto the tax in their own individuals . . now in the way of lottery men do also tax themselves in the general , though out of hopes of advantage in particular : a lottery therefore is properly a tax upon unfortunate self-conceited fools ; men that have good opinion of their own luckiness , or that have believed some fortune-teller or astrologer , who had promised them great success about the time and place of the lottery , lying southwest perhaps from the place where the destiny was read . . now because the world abounds with this kinde of fools , it is not fit that every man that will , may cheat every man that would be cheated ; but it is rather ordained , that the sovereign should have the guardianship of these fools , or that some favourite should beg the sovereigns right of taking advantage of such mens folly , even as in the case of lunaticks and idiots . . wherefore a lottery is not tollerated without authority , assigning the proportion in which the people shall pay for their errours , and taking care that they be not so much and so often couzened , as they themselves would be . . this way of lottery is used but for small leavies , and rather upon privato-publick accompts , ( then for maintaining armies or equipping fleets , ) such as are aque-ducts , bridges , and perhaps highwayes , &c. wherefore we shall say no more of it upon this occasion . chap. ix . of benevolence . the raising of money by benevolence , seems to be no force upon any man , nor to take from any man but what himself knows he can spare , nevertheless there is more in it ; for to be but brow-beaten by a prince or grandee , proves often as heavy as to be distrained upon for an assessement or subsidy ; and the danger of being misrepresented by linsy pick-thanks and informers as disaffected to the cause for which the leavy is made , is more frequent then the payment of any summe in a due proportion with all other men ( which i have said is no impoverishment ) can possibly be hurtful . the benefits of this way are these , viz. that forasmuch as it sometimes falls out ( as in the late differences with the scots , annis . and . when the church dignitaries were most concerned ) that the cause of the expence concerns some men more then others , that then an imposition should not pass upon all for the sakes of a part : sometimes it happens , that one sort of men have received greater and fresher favours then another ; as upon the late restoration of his majesty anno . those who needed an act of indempnity did : and sometimes it is visible , that some men have had better times of gain and advantages then others , as the clergy most eminently have had since his majesties said restoration . in all these cases , the proposal of a benevolence may be offered , although in no cases it be without its inconveniencies ; the which are principally these . . the abovementioned brow-beating and distaste given , if a man have not contributed as largely as envious observers think he should have done . . a benevolence in many cases may divide a whole nation into parties , or at least make the strength of parties too well known to such as need not know it : and withall it may ( on the contrary and upon design ) disguize the same , and elude the measures which the governours thought to have taken by such an exploratory artifice . . some men may have particular reasons to contribute large , viz. complacency with , and hopes of being repaired by the favour of some grandee , who favours the business , and the very same may make to the prejudice of others . . men of sinking estates , ( who nevertheless love to live high , and appear splendid , and such who make themselves friends , ( by their hospitality paid for , in effect by others ) enough to be protected , even from justice ) do often upon this occasion of benevolence set extravagant examples unto others , who have laboured hardly for what they have ; those not caring what they pay , because it encreaseth their credit , to borrow the more , so as at length the whole burthen of such bankrupts benevolence , lights upon the frugal patriots , by whom the publique weal subsists . chap. x. of penalties . the usual penalties are death , mutilations , imprisonment , publick disgrace , corporal transient pains , and great tortures , besides pecuniary mulcts . of which last we shall most insist , speaking of the others but in order to examine whether they may not be commuted for these . . there be some certain crimes , for which the law of god appoints death ; and these must be punished with it , unless we say that those were but the civil laws of the jewish commonwealth , although given by god himself ; of which opinion certainly most modern states are , in as much as they punish not adulteries , &c. with death , as among the jewes , and yet punish small thefts with death instead of multiple reparation . . upon this supposition we shall venture to offer ; whether the reason of simple death be not to punish incorrigible committers of great faults ? . of publick death with torments , to affright men from treasons , which cause the deaths and miseries of many thousand innocent and useful people ? . of death secretly executed , to punish secret and unknown crimes , such as publick executions would teach to the world ? or else to suffocate betimes some dangerous novelties in religion , which the patient suffering of the worst man would much spread and encourage . . mutilations suppose of ears , nose , &c. are used for perpetual disgrace , as standing in the pillory is for temporary and transient ; which and such other punishments have ( by the way ) made some corrigible offenders , to become desperate and incurable . . mutilations of parts as of fingers , are proper to disable such as have abused their dextrous use of them , by pocket-picking , counterfeiting of seals and writings , &c. mutilations of other parts , may serve to punish and prevent adulteries , rapes , incests , &c. and the smaller corporal pains , serve to punish those , who can pay no pecuniary mulcts . . imprisonment seems rather to be the punishments of suspected then guilty persons , and such as by their carriage give the magistrate occasion to think , either they have done some smaller particular crime , as thefts , &c. or that they would commit greater , as treasons and seditions . but where imprisonment is not a securing men untill their trialls , but a sentence after triall , it seems to me proper onely to seclude such men from conversation , whose discourses are bewitching , and practices infectious , and in whom neverthelesse remains some hopes of their future amendments , or usefulnesse for some service not yet appearing . . as for perpetual imprisonment by sentence , it seems but the same with death it self , to be executed by nature it self , quickened with such diseases , as close living , sadness , solitude , and reflections upon a past and better condition , doth commonly beget : nor do men sentenced hereunto live longer , though they be longer in dying . . here we are to remember in consequence of our opinion , [ that labour is the father and active principle of wealth , as lands are the mother ] that the state by killing , mutilating , or imprisoning their members , do withall punish themselves ; wherefore such punishments ought ( as much as possible ) to be avoided and commuted for pecuniary mulcts , which will encrease labour and publick wealth . . upon which account , why should not a man of estate , found guilty of man-slaughter , rather pay a certain proportion of his whole estate , then be burnt in the hand ? . why should not insolvent thieves be rather punished with slavery then death ? so as being slaves they may be forced to as much labour , and as cheap fare , as nature will endure , and thereby become as two men added to the commonwealth , and not as one taken away from it ; for if england be under-peopled , ( suppose by half ) i say that next to the bringing in of as many more as now are , is the making these that are , to do double the work which now they do ; that is , to make some slaves ; but of this elsewhere . . and why should not the solvent thieves and cheats be rather punished with multiple restitutions then death , pillory , whipping ? &c. but it will be asked , with how manifold restitutions should picking a pocket ( for example ) be punished ? i say , 't were good in order to the solution hereof , to enquire of some candid artists in that trade , how often they are taken one time with another practising in this work ? if but once in ten times , then to restore even but seven-fold , would be a fair profit ; and to restore but ten-fold , were but an even lay ; wherefore to restore twenty-fold , that is , double to the hazard , is rather the true ratio and measure of punishment by double reparation . . and surely the restoring two , three , four , and seven-fold mentioned in moses law must be thus understood , or else a man might make thieving a very fair and lawful profession . . the next question is , in such multiple restitutions how many parts should be given to the sufferer . to which i answer , never above one , and scarce that , to oblige him to more care , and self-preservation , with three parts to discoveers , and the rest to publick uses . . thirdly , in the case of fornications , most of the punishments not made by pecuniary mulcts and commuted , are but shame , and that too but towards some few persons , which shame for ever after obdurates the offender , what ever it work upon such whose fames are yet intire : of all which men take little consideration , standing upon the brink of such precipices as makes them giddy ; and when they are in danger of such faults as are rather madnesses , distempers , and alienations of the minde and reason , as also infurrections of the passions , then deliberate acts of the understanding . . moreover , according to that axiom of , in quo quis peccat , in eodem puniatur ; if the ratio formalis of the sin of concubitus vagi , be the hindering of procreation , let those who by their miscarriages of this kinde are guilty thereof , repair unto the state the misse of another pair of hands with the double labour of their own , or which is all one , by a pecuniary mulct ; and this is the practice of some wise states in punishing what they will never be able to prevent : nor doth the gospel specifie any punishment in this world , onely declaring they shall not be received into the joyes of the next . . i could instance in more particulars , but if what i have already said be reasonable , this little is enough ; if not , then all the rest would be too little also : wherefore i shall adde but one instance more , as most suitable to our present times and occasions , which is the way of punishing heterodox professors of religion . . that the magistrate may punish false believers , if he believe he shall offend god in forbearing it , is true ; for the same reasons that men give for liberty of conseience , and universal tolleration ; and on the other side , that he may permit false worships , seems clearly at least by the practice of all states , who allow ambassadours their freedom ( be the worship never so abominable ) even when they come to negociate but upon temporal and small matters . . wherefore , since the magistrate may allow or connive at such worships as himself thinks fit , and yet may also punish ; and since by death , mutilations , and imprisonments of the subjects , the state not onely punisheth it self , but spreadeth the pseudodoxies ; it follows , that pecuniary mulcts are the fittest wayes of checking the wantonness of men in this particular : forasmuch as that course savours of no bitterness at all , but rather argues a desire to indulge , provided such indulgence may consist with the indempnity of the state ; for no heterodox will desire to be tollerated longer then he keeps the publick peace ; the which if he means to do , he cannot take it ill of the magistrate , to keep him steddy unto that his duty , nor grudge to contribute towards so much charge for that purpose as himself occasions . . moreover , as there seems a reason for indulging some conscientious misbelievers , so there is as much for being severe towards hypocrites , especially such as abuse holy religion to cloak and vizzard worldly ends : now what more easie and yet effectual way is there to discern between these two , then well proportioned pecuniary mulcts ? for who desiring to serve god without fear , and labouring ten hours per diem at his calling , would not labour one hour more for such a freedon ? even as religious men spend an hour per diem more then the looser sort do at their devotions ; or who weaving cloth of one and twenty shillings the yard , would not be contented with that of twenty shillings , for the same advantage of his liberty in worship ? those that kick at this , being unwilling either to do or suffer for god , for whose sake they pretend so much . . it may be here objected , that although some bad religions might be tollerated , yet that all may not , viz. such as consist not with the civil peace . to which i answer . first , that there is no schisme or separation be it never so small , consistent with that unity and peace as could be wisht ; nor none so perfectly conscientious , but may also be civilly most pernicious : for that venner and his complices acted upon internal motives , the most free exposing of themselves to death may evince ; and yet their holding the king to be an usurper upon the throne and right of jesus christ was a civil mischief neither to be pardoned or parallel'd . . and yet on the other hand there is no pseudodoxy so great , but may be muzzled from doing much harm in the state , without either death , imprisonment , or mutilation : to make short , no opinion can be more dangerous , then to disbelieve the immortality of the soul , as rendring man a beast , and without conscience , or fear of committing any evil , if he can but elude the penalties of humane laws made against it , and letting men loose to all evil thoughts and designs whereof man can take no notice : now i say , that even this misbeliever may be adaequately punished if he be kept as a beast , be proprietor of nothing , as making no conscience how he gets ; be never admitted in evidence or testimony , as under no obligation to speak truth ; be excluded all honours and offices , as caring onely for himself , not the protecting of others ; and be withall kept to extream bodily labour , the profit whereof to the state is the pecuniary mulct we speak of , though the greatest . . as for opinions less horrible then this , the mulct may be fitted to each of them respectively , according to the measure of danger which the magistrate apprehends from their allowance , and the charge necessary to prevent it . . and now we are speaking of the wayes how to prevent and correct heterodoxies in religion , which we have hitherto done by designing punishments for the erring sheep , i think it not amiss to adde , that in all these cases the shepherds themselves should not wholly scape free : for if in this nation there be such abundance of free-schools , and of liberall maintenance provided in our universities and elsewhere for instructing more then enough in all such learning as is fit to defend the established religion , together with superabundant libraries for that purpose . moreover , if the church-preferments be so numerous and ample both for wealth , honour , and power , as scarce any where more ; it seems strange that when by the laziness , formality , ignorance , and loose lives of our pastours , the sheep have gone astray , grown scabbed , or have been devoured by wolves and foxes , that the remedy of all this should be onely sought by frighting those that have strayed from ever returning again , and by tearing off as well the skins as the wool of those that are scabbed ; whereas almighty god will rather require the blood even of them that have been devoured , from the shepheards themselves . . wherefore if the minister should lose part of the tythes of those whom he suffers to dissent from the church , ( the defector not saving , but the state wholly gaining them ) and the defector paying some pecuniary mulct for his schisme , and withall himself defraying the charge of his new particular church and pastorage , me thinks the burthen would be thus more equally born . . besides , the judicious world do not believe our clergy can deserve the vaste preferments they have , onely because they preach , give a better accompt of opinions concerning religion then others , or can express their conceptions in the words of the fathers , or the scriptures , &c. whereas certainly the great honour we give them , is for being patterns of holiness , for shewing by their own self-denials , mortifications , and austerities , that 't is possible for us to imitate them in the precepts of god ; for if it were but for their bare pulpit-discourses , some men might think there is ten thousand times as much already printed as can be necessary , and as good as any that ever hereafter may be expected . and it is much suspected , that the discipline of the cloisters hath kept up the roman religion , which the luxury of the cardinals and prelates might have destroyed . . the substance therefore of all we have said in this discourse concerning the church is , that it would make much for its peace , if the nursery of ministers be not too big , that austerities in the priests lives would reconcile them to the people ; and that it is not unreasonable , that when the whole church suffers by the defection of her members , that the pastours of it by bearing a small part should be made sensible of the loss ; the manner and measures of all which i leave unto those unto whom it belongs . . concerning penalties and penal laws i shall adde but this , that the abuse of them is , when they are made not to keep men from sin , but to draw them into punishment ; and when the executers of them keep them hid until a fault be done , and then shew them terrible to the poor immalicious offender : just like centinels , who never shew men the advertisements against pissing near their guards , till they have catcht them by the coats for the forfeiture they claim . chap. xi . of monopolies and offices . monopoly ( as the word signifies ) is the sole selling power , which whosoever hath can vend the commodity whereupon he hath this power , either qualified as himself pleases , or at what price he pleaseth , or both , within the limits of his commission . . the great example of a monopoly is the king of france his gabel upon salt , whereby he sells that for sixty which costs him but one ; now salt being a thing of universal use to all degrees of men , and scarce more to the poor then the rich , it seems to be of the same effect with the simplest poll-money abovementioned , in case all men spent equally of it , or if men be forced to take it whether they spend it or not , as in some places they are . but if men spend or eat salt unequally , as they commonly do , nor are bound to take or pay for more then they spend , then is no other then an accumulative excize , especially if the salt be all of one uniform goodness , otherwise it is a distinct species of leavy , viz. a monopoly . . the use or pretence of instituting a monopoly is , first , right of invention ; forasmuch as the laws do reward inventions , by granting them a monopoly of them for a certain time ; ( as here in england for fourteen years ) for thereby the inventor is rewarded more or less according to the acceptance which his invention findes amongst men . where note by the way , that few new inventions were ever rewarded by a monopoly ; for although the inventor oftentimes drunk with the opinion of his own merit , thinks all the world will invade and incroach upon him , yet i have observed , that the generality of men will scarce be hired to make use of new practices , which themselves have not throughly tried , and which length of time hath not vindicated from latent inconveniences ; so as when a new invention is first propounded , in the beginning every man objects , and the poor inventor runs the gantloop of all petulent wits ; every man finding his several flaw , no man approving it , unless mended according to his own advice : now not one of an hundred out-lives this torture , and those that do , are at length so changed by the various contrivanees of others , that not any one man can pretend to the invention of the whole , nor well agree about their respective shares in the parts . and moreover , this commonly is so long a doing , that the poor inventor is either dead , or disabled by the debts contracted to pursue his design ; and withall railed upon as a projector , or worse , by those who joyned their money in partnership with his wit ; so as the said inventor and his pretences are wholly lost and vanisht . secondly , a monopoly may be of real use for a time , viz. at the first introducing of a new manufacture , wherein is much nicety to make it well , and which the generality of men cannot judge of as to the performance . as for example ; suppose there were some most approved medicament which one certain man could make most exactly well , although several others could also make the same less perfectly : in this case this same chief artist may be allowed a monopoly for a time , viz. until others have had experience enough under him , how to make the medicament as well as himself . first , because the world may not have the medicament variously made , when as they can neither discern the difference by their senses , nor judge of the effects thereof à posteriori , by their reasons . secondly , because others may be fully instructed by him that can best do it ; and thirdly , because he may have a reward for such his communications : but forasmuch as by monopolies of this kinde , great leavies are seldom made , they are scarce pertinent to our design . offices instituted by the state with fees of their own appointment , are of parallel nature to monopolies ; the one relating to actions and employments as the other to things , and have the same to be said for and against them as monopolies have . as a kingdom encreaseth and flourisheth , so doth variety of things , of actions , and even of words encrease also ; for we see that the language of the most flourishing empires was ever the most copious and elegant , and that of mountainous cantons the contrary : now as the actions of this kingdom encreased , so did the offices ( that is , the power and faculty of solely executing and performing the said actions ) encrease likewise ; and on the contrary , as the business of offices encreased , so did the difficulty and danger of discharging them amiss decrease proportionably : from whence 't is come to pass , that the offices which at their first erecting were not performed but by the ablest , most inventive , and versatile instruments , ( such as could wrestle with all emergent difficulties , and collect rules and axioms out of the series of their own observations , ( with reference to the various casualties of their employments ) whereby to direct posterity ) are now performed by the most ordinary , formal , pack-horse deputies and sub-deputies . and whereas at first such large fees were allowed as ( considering even the paucity of them which might then be received ) should compensate the art , trust , and industry of the administratour ; yet the large said fees are still continued , although the skill and trust be lessened , and the number of the said fees so extreamly multiplyed : so as now the profits of such officers ( being become cleer , and the work so easie as any man is capable of it , even those that never saw it , ) are bought and sold for years or lives , as any other annuity may be ; and withal , the splendor arising from the easie gaines of those places in courts of justice , is called the flourishing of the law , which certainly flourisheth best , when the professors and ministers of it have least to do . and moreover , when the burthen and uselesness of such an office is taken notice of , 't is nevertheless spared as a subjects freehold in favour of him that bought it . of these offices are many in this nation , and such as might be a revenue to the king , either by their annual profits , or the sale of them for many years together . and these are the offices that are properly saleable , viz. where the fees are large , as appointed when the number of them was few , and also numerous , as multiplying upon the increase of business , and where the business is onely the labour of the meanest men : length of time having made all the work so easie , and found out security against all the frauds , breaches of trust , and male-administrations , whereunto the infancies of those places were obnoxious . these offices are thererore taxes upon such as can or will not avoid the passing through them , and are born as men endure and run themselves into the mischiefs of duelling , the which are very great , which side soever prevails ; for certainly men do not alwayes go to law to obtain right , or prevent wrong , which judicious neighbours might perform as well as a jury of no abler men ; and men might tell the judge himself the merits of their cause , as well as now they instruct their councel . this therefore of offices is a voluntary tax upon contentious men , as excize upon drink is , to good fellows to love it . chap. xii . of tythes . the word tythes being the same with tenths , signifie of it self no more then the proportion of the excisium , or part retrenched , as if customs upon imported and exported commodities should be called by the name of twentieths , as it is sometimes called tunnage and poundage ; wherefore it remains to say , that tythes in this place , do together with the said proportion , consignifie the use of it , viz. the maintenance of the clergy , as also the matter or substance out of which this maintenance is cut , viz. the immediate fruit of the land and waters , or the proceed of mens labour , art , and stock laid out upon them . it signifies also the manner of paying it , viz. in specie , and not ( but upon special and voluntary causes ) in money . . we said the matter of tythes , was the immediate fruits of the earth , viz. of grain as soon as 'c is ready to be removed from the ground that bare it ; and not of bread which is corn thresht , winnowed , ground , tempered with liquor and baked . . 't is also the second choice out of the young of multipa●ous cattle taken in specie , so soon as the said younglings can subsist without their dams , or else a composition in money for the uniparons . . 't is wool , so soon as it is shorn ; 't is fowl and fish , where fowling and fishing is rather a trade then a meer recreation , & sic de caeteris . . moreover , in great cities tythes are a kinde of composition in money for the labour and profit of the artisans who work upon the materials which have paid tythes before . . tythes therefore encrease within any territory , as the labour of that countrey increases ; and labour doth or ought to increase as the people do ; now within four hundred years the people of england are about quadrupled , as doubling every two hundred years , and the proportion of the rent of all the lands in england is about the fourth part of the expence of the people in it , so as the other three parts is labour and stock . . wherefore the tythes now should be twelve times as good as they were four hundred years ago ; which the rates of benefices in the kings books do pretty well shew , by comparing of times ; something of this should be abated because the proportion between the proceed of lands and labour do vary as the hands of labourers vary : wherefore we shall rather say , that the tythes are but six times as good now as four hundred years ago , that is , that the tythes now would pay six times as many labourers , or feed six times as many mouthes , as the tythes four hundred years ago would have done . . now if there were not onely as many parishes then as now , more priests in every parish , and also more religious men who were also priests , and the religion of those times being more operose , and fuller of work then now , by reason of confessions , holydayes , offices , &c. more in those dayes then now , ( the great work in these dayes being a compendious teaching above a thousand at once without much particular confession and catechising , or trouble about the dead ; it seems clear , that the clergy now is far richer then heretofore ; and that to be a clergy-man then was a kinde of a mortification , whereas now ( praised be god ) 't is matter of splendour and magnificence ; unless any will say , that there were golden priests when the chalices were wood , and but wooden priests when the chalices were gold ; or that religion best flourisheth when the priests are most mortified , as was before said of the law , which best flourisheth when lawyers have least to do . . but what ever the increase of the churches goods are , i grudge it them not ; onely wish , that they would take a course to enjoy it with safety and peace to themselves ; whereof one is , not to breed more churchmen then the benefices as they now stand shred out , will receive ; that is to say , if there be places but for about twelve thousand in england and wales , it will not be safe to breed up . ministers , upon a view or conceipt that the church means otherwise distributed might suffice them all ; for then the twelve thousand which are unprovided for , will seek wayes how to get themselves a livelihood ; which they cannot do more easily then by perswading the people , that the twelve thousand incumbents do poison or starve their souls , and misguide them in their way to heaven : which needy men upon a strong temptation will do effectually ; we having observed , that lecturers being such a sort of supernumeraries , have preached more times in a week , more hours in the day , and with greater vehemence every time then the incumbents could afford to do ; for graeculus esuriens in coelum , jusseris , ibit . now this vehemence , this pains , this zeal , and this living upon particular donations , makes the people think , that those who act them are withall more orthodox , nay better assisted from god then the others . now let any man judge , whether men reputed to be inspired will not get help to lift themselves into church-livings , &c. but these things are too plain from the latest experiences . . now you will ask , how shall that be done , or how may we know how to adjust our nursery to our orchard ? to which i answer , that if there be twelve thousand church-livings in england , dignitaries included , then that about four hundred being sent forth per ann . into the vineyard , may keep it well served , without luxuriency ; for according to the mortality-bill-observation , about that number will dye yearly out of twelve thousand adult-persons , such as ministers are as to age , and ought to be as well as to speculative knowledge , as practical experience , both of themselves and others . . but i have digressed , my main scope being to explain the nature of the tax of tythes ; nevertheless since the end of such explanation is but to perswade men to bear quietly so much tax as is necessary , and not to kick against the pricks ; and since the end of that again , and the end of all else we are to do , is but to preserve the publick peace , i think i have not been impertinent in inserting this little advertisement , making so much for the peace of our jerusalem . . but to return to tythes as a tax or levy , i say that in england it is none , whatsoever it might be or seem to be in the first age of its institution ; nor will the kings quit-rents in ireland as they are properly none now , seem any in the next age , when every man will proportion his expence to the remainder of his own rent after the king is paid his ; for 't is surprize and the suddenness of the charge , which a tax supervenient to a mans other expences and issues makes , that renders it a burthen , and that intollerable to such as will not understand it , making men even to take up arms to withstand it ; that is , leap out of the frying-pan upon earth into the fire even of hell , which is war and the calamities thereof . . now tythes being no tax , i speak of it but as the modus or pattern of a tax , affirming it to be next to one , the most equal and indifferent which can be appointed in order to defray the publick charge of the whole nation as well as that of the church ; for hereby is collected a proportion of all the corn , cattle , fish , fowl , fruit , wool , honey , wax , oyl , hemp , and flax of the nation , as a result of the lands , art , labour , and stock which produced them ; onely it is scarce regular in respect of housing , cloth , drinks , leather , feathers , and the several manufactures of them ; insomuch , as if the difference of tythes which the countrey payes in proportion to the city , were now de novo to be established , i do not see what in likelihood would sooner cause a grand sedition about it . . the payment of an aliquot part to the king out of the same things as now pay tythes , in specie , would have no inconvenience , because the kings rents would be like the dividend in colledges , viz. higher or lower according to the prices of those commodities , unless the said inequality in colledges happen by reason of the fewness of particulars , according to the market rates whereof , their rents are paid in money ; whereas the whole of all the particulars might well enough ballance each other , a dear or plentiful being but an appellation secundum quid , viz. with reference as to corn onely , as the chief food of the multitude ; whereas 't is likely , that the same causes which makes corn scarce may make other things in plenty of no less use to the king ; as repairing in one thing what he wants in another . . another inconvenience would be that which was observed in ireland , when the ministery were paid by sallary , and the tythes in kinde paid to the state ; who because they could not actually receive them in specie , let them at farm to the most bidder ; in the transaction whereof was much juggling , combination , and collusion , which perhaps might have been remedied , had not that course been used but as a sudden temporary shift , without intention of continuing it . . the third inconvenience is , that abovementioned , viz. the necessity of another way of tax , to take in the manufactures of those commodities which pay the tax of tythes ; whereas possibly there is a way of tax equal in its own nature , and which needs not to be pieced up by any other ; so as the officers about that may have a full employment , and none others wanted , whose wide intervals of leasure shall make them seem drones , as they are also the caterpillers of any state. chap. xiii . of several smaller wayes of levying money . when the people are weary of any one sort of tax , presently some projector propounds another , and gets himself audience , by affirming he can propound a way how all the publick charge may be born without the way that is . as for example , if a land-tax be the present distasted way , and the people weary of it , then he offers to do the business without such a land-tax , and propound either a poll-money , excize , or the institution of some new office or monopoly ; and hereby draws some or other to hearken to him ; which is readily enough done by those who are not in the places of profit relating to the way of levies in use , but hope to make themselves offices in the new institution . . i shall enumerate a few of the smaller wayes which i have observed in several places of europe , viz. first , in some places the state is common cashier for all or most moneys , as where banks are , thereby gaining the interest of as much money as is deposited in their hands . secondly , sometimes the state is the common usurer , as where loan banks , and montes pietatis are in use , and might be more copiously and effectually where registers of lands are kept . thirdly , sometimes the state is or may be common ensurer , either upon the danger onely of enemies at sea , according to the supposed primitive end of our customs in england , or else of the casualties of the enemy , weather , sea , and vessel taken together . fourthly , sometimes the state hath the whole sale and benefit of certain commodities , as of amber in the duke of brandenburghs countrey , tobacco formerly in ireland , salt in france , &c. fifthly , sometimes the state is common beggar , as 't is almost in holland , where particular charity seems only to serve for the relief of concealed wants , and to save these wanting from the shame of discovering their poverty , and not so much to relieve any wants that are declared , and already publickly known . sixthly , in some places the state is the sole guardian of minors , lunaticks , and idiots . seventhly , in some other countreys the state sets up and maintains play-houses , and publick entertainments , giving sallaries to the actors , but receiving the bulk of the profit to themselves . eighthly , in some places , houses are ensured from fire by the state at a small rent per annum upon each . ninthly , in some places tolls are taken upon passage over bridges , causeys , and ferries built and maintained at the publick charge . tenthly , in some places men that dye are obliged to leave a certain pittance to the publick , the same is practised in other places upon marriages , and may be in others upon births . eleventhly , in some places strangers especially jews , are particularly taxed ; which may be good in over-peopled countreys , though bad in the contrary case . . as for jews , they may well bear somewhat extraordinary , because they seldom eat and drink with christians , hold it no disparagement to live frugally , and even sordidly among themselves , by which way alone they become able to under-sell any other traders , to elude the excize , which bears but according to mens expences ; as also other duties , by dealing so much in bills of exchange , jewels , and money , and by practising of several frauds with more impunity then others ; for by their being at home every where , and yet no where they become responsible almost for nothing . . twelfthly , there have been in our times , wayes of levying an aliquot part of mens estates , as a fifth , and twentieth , viz. of their estates real and personal , yea of their offices , faculties , and imaginary estates also , in and about which way may be so much fraud , collusion , oppression , and trouble , some purposely getting themselves taxed to gain more trust : others bribing to be taxed low , and it being impossible to check or examine , or trace these collections by the print of any footsteps they leave , ( such as the harths of chimneys are ) that i have not patience to speak more against it ; daring rather conclude without more ado , in the words of our comick to be naught , yea exceeding naught , very abominable , and not good . chap. xiv . of raising , depressing , or embasing of money . sometimes it hath hapned , that states ( i know not by what raw advice ) have raised or embased their money , hoping thereby , as it were , to multiply it , and make it pass for more then it did before ; that is , to purchase more commodity or labour with it : all which indeed and in truth , amounts to no more then a tax , upon such people unto whom the state is indebted , or a defalkation of what is due ; as also the like burthen upon all that live upon pensions , established rents , annuities , fees , gratuities , &c. . to explain this fully , one might lanch out into the deep ocean of all the mysteries concerning money , which is done for other ends elsewhere ; nevertheless i shall do it the best i can , by expounding the reasons pro & contrà for embasing and raising of money : and first of embasing . . copper or tin money made ad valorem in its matter , is no embasing ; the same being onely cumbersom and baser then silver money , onely because less convenient and portable . and copper money ad valorem in workmanship and matter both together ; ( such as on which the effigies and scutcheon are so curiously graven and impressed , as the moneys seem rather a medal ) is not embasing , unless the numbers of such pieces be excessive , ( the measures whereof i shall not set down , until i shall hereafter propound the fittest sections of the abstracted pound into which i would have money coyned , and determine how many pieces of each section should be in an hundred pound ) for in case of such excess , the workmanship being of no other use but to look upon , becomes base by its being too common . . nor are such tokens base as are coyned for exchange in retailing by particular men , ( if such men be responsible and able to take them back , and give silver for them . ) . but that gold i count to be embased , which hath more allay either of copper or silver in it , then serves to correct its too great natural softness and flexibility , whereby it wears too fast in money : and that silver i reckon also embased , wherein is commixed more copper then will sufficiently toughen it , and save it from cracking under the hammer , press , or mill that must coin it , or the like . . base money is therefore such as dutch shillings , stivers , french soulz , irish bon-galls , &c. and for the most part consisting great pieces , though of small value . to answer the first reason or pretence of making them , which is , that the said pieces might be more bulky , handleable , and the silver in them less apt to be lost or worn away . . the other reason ( besides that of allay which we must allow in the measures abovementioned ) is to save it from being melted down by goldsmiths and bullioners , or exported by strangers ; neither of which can happen but to their loss : for suppose a stiver of two pence , had a penny of pure silver , if the bullioner melts it for the sake of the silver onely , in the separation he shall lose the copper and charge of refining the silver ; nor will strangers export it into places where the local value of the piece perisheth , the intrinsick leaving him to loss . . now the reasons against this kinde of money are , first the greater danger of falsification , because the colour , sound , and weight by which men ( without the test ) guess at the goodness of the material of money is too much confounded , for the vulgar ( whom it concerns ) to make use of them for their marks and guides in the business . . secondly , in case small pieces of this money , viz. pieces of two pence should happen to be raised or depressed twelve , fifteen , or sixteen per cent . then there will be a certain loss by reason of the fractions , which the vulgar cannot reckon : as for example , if such money were depressed but ten , eleven , or twelve per cent . then the two pence piece would be worth but three half pence , which is twenty five per cent . and so of other proportions . . thirdly , in case the inconvenience of this money should be so great as to necessitate a new coinage of it , then will happen all the losses we mentioned before in melting it down by bullioners . . fourthly , if the two pence piece contained but ⅙ . th . part of the silver usually in a shilling , then dealers would have fifteen pence paid in this money for the same commodity , for which they would take a shilling in standard silver . . raising of money is either the cutting the pound troy of standard silver into more pieces then formerly , as into above sixty , whereas heretofore the same was made but into twenty , and yet both sorts called shillings , or else calling the money already made by higher names : the reasons or pretences given for such raising are these , viz. that the raising of money will bring it in , and the material thereof more plentifully ; for trial whereof suppose one shilling were proclaimed to be worth two , what other effect could this have , then the raising of all commodities unto a double price ? now if it were proclaimed , that labourers wages , &c. should not rise at all upon this raising of money , then would this act be as onely a tax upon the said labourers , as forcing them to lose half their wages , which would not be onely unjust but impossible , unless they could live with the said half , ( which is not to be supposed ) for then the law that appoints such wages were ill made , which should allow the labourer but just wherewithall to live ; for if you allow double , then he works but half so much as he could have done , and otherwise would ; which is a loss to the publick of the fruit of so much labour . . but suppose the quart d'es●● of france commonly esteemed worth eighteen pence were raised to three shillings , then 't is true , that all the moneys of england would be indeed quart d'esens pieces ; but as true , that all the english money would be carried away , and that our quart d'esens would contain but half so much bullion as our own money did ; so that raising of money may indeed change the species , but with so much loss as the forreign pieces were raised unto , above their intrinsick value . . but for remedy of this , suppose we raised the quart d'esen double , and prohibited the exportation of our own money in exchange thereof . i answer , that such a prohibition is nugatory , and impossible to be executed ; and if it were not , yet the raising of the said species would but make us sell the commodities bought with raised quart d'esens , in effect but at half the usual rate , which unto them that want such commodities will as well yield the full ; so that abating our prices , will as well allure strangers to buy extraordinary proportions of our commodities , as raising their money will do : but neither that , nor abating the price will make strangers use more of our commodities then they want ; for although the first year they should carry away an unuseful and superfluous proportion , yet afterwards they would take so much the less . . if this be true , as in substance it is , why then have so many wise states in several ancient , as well as modern times frequently practised this artifice , as a means to draw in money into their respective dominions ? i answer , that something is to be attributed to the stupidity and ignorance of the people , who cannot of a sudden understand this matter : for i finde many men wise enough , who though they be well informed that raising of money signifies little , yet cannot suddenly digest it . as for example , an unengaged person who had money in his purse in england , and should hear that a shilling was made fourteen pence in ireland , would more readily run thither to buy land then before ; not suddenly apprehending , that for the same land which he might have bought before for six years purchase , he shall now pay seven . nor will sellers in ireland of a sudden apprehend cause to raise their land proportionally , but will at least be contented to compound the business , viz. to sell at six and an half ; and if the difference be a more ragged fraction , men under a long time will not apprehend it , nor ever be able exactly to govern their practice according to it . . secondly , although i apprehend little real difference between raising forreign money to double , and abasing half in the price of our own commodities , yet to sell them on on a tacite condition to be paid in forreign present money , shall increase our money ; forasmuch as between raising the money , and abasing the price , is the same difference as between selling for money and in barter , which latter is the dearer ; or between selling for present money , and for time ; barter resolving into the nature of uncertain time . . i say , suppose english cloth were sold at six shillings a yard , and french canvas at eighteen pence the ell , the question is , whether it were all one in order to increase money in england to raise the french money double , or to abate half of the price of our cloth ? i think the former , because that former way or proposition carries with it a condition of having forreign money in specie , and not canvas in barter , between which two wayes the world generally agrees there is a difference . wherefore if we can afford to abate half our price , but will not do it but for our neighbours money , then we gain so much as the said difference between money and barter amounts unto , by such raising of our neighbours money . . but the fundamental solution of this question depends upon a real and not an imaginary way of computing the prices of commodities ; in order to which real way i premise these suppositions : first then , suppose there be in a territory a thousand people , let these people be supposed sufficient to till this whole territory as to the husbandry of corn , which we will suppose to contain all necessaries for life , as in the lords prayer we suppose the word bread doth ; and let the production of a bushel of this corn be supposed of equal labour to that of producing an ounce of silver . suppose again that a tenth part of this land , and tenth of the people , viz. an hundred of them , can produce corn enough for the whole ; suppose that the rent of land ( found out as above-mentioned ) be a fourth part of the whole product , ( about which proportion it really is , as we may perceive by paying a fourth sheaf instead of rent in some places ) suppose also that whereas but an hundred are necessary for this husbandry , yet that two hundred have taken up the trade ; and suppose that where a bushel of corn would suffice , yet men out of delicacy will use two , making use of the flower onely of both . now the inferences from hence are ; first , that the goodness or badness , or the value of land depends upon the greater or lesser share of the product given for it in proportion to the simple labour bestowed to raise the said product . secondly , that the proportions between corn and silver signific onely an artificial value , not a natural ; because the comparison is between a thing naturally useful , and a thing in it self unnecessary , which ( by the way ) is part of the reason why there are not so great changes and leaps in the pro●●ed of silver as of other commodities . thirdly , that natural dearness and cheapness depends upon the few or more hands requisite to necessaries of nature : as corn is cheaper where one man produces corn for ten , then where he can do the like but for six ; and withall , according as the climate disposes men to a necessity of spending more or less . but political cheapness depends upon the paucity of supernumerary interlopers into any trade over and above all that are necessary , viz. corn will be twice as dear where are two hundred husbandmen to do the same work which an hundred could perform : the proportion thereof being compounded with the proportion of superfluous expence , ( viz. if to the cause of dearness abovementioned be added to the double expence to what is necessary ) then the natural price will appear quadrupled ; and this quadruple price is the true political price computed upon naturall grounds . and this again proportioned to the common artificiall standard silver gives what was sought ; that is , the true price currant . . but forasmuch as almost all commodities have their substitutes or succedanea , and that almost all uses may be answered several wayes ; and for that novelty , surprize , example of superiours , and opinion of unexaminable effects do adde or take away from the price of things , we must adde these contingent causes to the permanent causes abovementioned , in the judicious foresight and computation whereof lies the excellency of a merchant . now to apply this digression , i say , that to encrease money , it is as well necessary to know how to abate the raise , the price of commodities , and that of money , which was the scope of the said digression . . to conclude this whole chapter , we say , that raising or embasing of moneys is a very pittiful and unequal way of taxing the people ; and 't is a sign that the state sinketh , which catcheth hold on such weeds as are accompanied with the dishonour of impressing a princes effigies to justifie adulterate commodities , and the breach of publick faith , such as is the calling a thing what it really is not . chap. xv. of excize . it is generally allowed by all , that men should contribute to the publick charge but according to the share and interest they have in the publick peace ; that is , according to their estates or riches : now there are two sorts of riches , one actual , and the other potential . a man is actually and truly rich according to what he eateth , drinketh , weareth , or any other way really and actually enjoyeth ; others are but potentially or imaginatively rich , who though they have power overmuch , make little use of it ; these being rather stewards and exchangers for the other sort , then owners for themselves . . concluding therefore that every man ought to contribute according to what he taketh to himself , and actually enjoyeth . the first thing to be done is , to compute what the total of the expence of this nation is by particular men upon themselves , and then what part thereof is necessary for the publick ; both which ( no not the former ) are so difficult as most men imagine . . in the next place we must conceive , that the very perfect idea of making a leavy upon consumptions , is to rate every particular necessary , just when it is ripe for consumption ; that is to say , not to rate corn until it be bread , nor wool until it be cloth , or rather until it be a very garment ; so as the value of wool , cloathing , and tayloring , even to the thread and needles might be comprehended : but this being perhaps too laborious to be performed , we ought to enumerate a catalogue of commodities both native and artificial , such whereof accompts may be most easily taken , and can bear the office marks either on themselves , or on what contains them ; being withall such , as are to be as near consumption as possible : and then we are to compute what further labour or charge is to be bestowed on each of them , before consumption , that so an allowance be given accordingly . as for example , suppose there be an hundred pounds worth of stript stuff for hangings , and an hundred pounds worth of cloth or stuff for the best mens cloathes ; i conceive , that the cloth should bear a greater excize then the said stript stuff , the one wanting nothing but tacking up , to be at its wayes end ; and the other tayloring , thread , silk , needles , thimbles , buttons , and several other particulars : the excise of all which must be accumulated upon the excize of the cloth , unless they be so great ( as perhaps buttons , lace , or ribbons may be ) to be taxed apart , and inserted into the catalogue abovementioned . . now the things to be accumulated upon cloth are , as near as possible , to be such particulars as are used onely to cloth , or very rarely to any other particular , as the several sorts of peculiar trimmings ; so on corn should be accumulated the charge of grinding , bolting , yeast , &c. for the baking of it into bread , unless , as was said before , any of these particulars ' can be better rated apart . . a question ariseth hence , whether any native commodities exported ought to pay the excize , or that what is imported in lieu of it should pay none ? i answer no , because they are not spent here in specie ; but i conceive that the goods returned from abroad for them and spent here should pay , if the exported have not already , for so shall what we spend pay once , but not ostner . now if bullion be returned , then if it be coyned into money it ought not to pay , because money will beget other commodities which shall pay ; but if the said bullion be wrought into plate and utensils , or disgrost into wire or lace , or beaten into fucilles , then it also ought to pay , because it is consumed and absolutely spent , as in lace and gilding is too notorious ; and this is the reason why i think the leavy we commonly call customs to be unseasonable and preposterous , the same being a payment before consumption . . we have several times spoken of accumulative excize , by which we mean taxing many things together as one : as for example , suppose the many drugs used in treacle or mithridate were used onely in those compositions , in such case by taxing any one of them , the whole number will be taxed as certainly as that one , because they all bear a certain proportion one to another : in cloth , the workmanship and tools as well as the wool may be well enough taxed , &c. . but some have strained this accumulation so , as they would have all things together taxed upon some one single particular , such as they think to be nearest the common standard of all expence , the principal ends of their proposition being these , viz. first , to disguise the name of excize , as odious to them , that do neither know the payment of taxes to be as indispensable as eating , and as have not considered the natural justice of this way of excizing or proportionating . secondly , to avoid the trouble and charge of collecting . thirdly , to bring the business ad firmum , and to a certainty of all which we shall speak hereafter , when we examine the several reasons for and against the way of excize , proceeding now to the several species of accumulative excizes propounded in the world . . some propound beer to be the only excizable commodity , supposing that in the proportion that men drink , they make all other expences ; which certainly will not hold , especially if strong beer pay quintuple unto , ( as now ) or any more excize then the small : for poor carpenters , smiths , felt-makers , &c. drinking twice as much strong beer as gentlemen do of small , must consequently pay ten times as much excize . moreover , upon the artizans beer is accumulated , onely a little bread and cheese , leathern clothes , neck-beef , and inwards twice a week , stale fish , old pease without butter , &c. whereas on the other , beside drink , is accumulated as many more things as nature and art can produce ; besides this way of excizing , though it be never so well administred , is neither so equal nor so easie , nor so examinable as the simple poll-money before spoken of , which is also but an accumulative excize . . what hath been propounded for beer may be of salt , fuel , bread , &c. and the propositions would all labour under the same inconveniences ; for some spend more , some less of these commodities ; and sometimes families ( each whereof are propounded to be farmed , without descending to individual heads ) are more numerous at some times then at others , according as their estates or other interests shall wax or wane . . of all the accumulative excizes , that of harth-money or smoak-money seems the best ; and that onely because the easiest , and clearest , and fittest to ground a certain revenue upon ; it being easie to tell the number of harths , which remove not as heads or polls do : moreover , 't is more easie to pay a small tax , then to alter or abrogate harths , even though they are useless and supernumerary ; nor is it possible to cover them , because most of the neighbours know them ; nor in new building will any man who gives forty shillings for making a chimney be without it for two . . here is to be noted , that a harth-money must be but small , or else 't will be intollerable ; it being more easie for a gentleman of a thousand pound per annum to pay for an hundred chimneys ( few of their mansion-houses having more ) then for labourers to pay for two . moreover , if the land-lord onely pay this tax , then is it not an accumulative excize for all , but a particular excize upon but one onely commodity , namely housing . . now the reasons for excize are these , viz. first , the natural justice that every man should pay according to what he actually enjoyeth ; upon which account this tax is scarce forced upon any , and is very light to those , who please to be content with natural necessaries . seondly , this tax if it be not farmed , but regularly collected , engages to thrift , the onely way to enrich a nation , as by the dutch and jews , and by all other men , who have come to vaste estates by trade , doth appear . thirdly , no man payes double or twice for the same thing , forasmuch as nothing can be spent but once ; whereas it is frequently seen , that otherwise men pay both by the rent of their lands , by their smoaks , by their titles , and by customs , ( which all men do , though merchants chiefly talk of it ) they also pay by benevolence and by tythes ; whereas in this way of excize no man need pay but one way , nor but once , properly speaking . fifthly , by this way an excellent account may be taken of the wealth , growth , trade , and strength of the nation at all times . all which reasons do make not for particular compoundings with 〈◊〉 , nor for letting the whole to farm , but for collecting it by special officers , who having a full employment , will not be a fourth of the charge of our present many multiform levies ; for to put extraordinary trouble and hazzard upon the countrey officers , is a sorer taxing of them , then to make them pay a small reward unto practised persons to be their substitutes . all which are the common objections against excize . . i should here adde the manner of collecting it , but i refer this to the practice of holland ; and i might also offer how men may be framed to be fit for this and other publick trusts , as to be cashiers , store-keepers , collectors , &c. but i refer this enquiry unto a more ample and fit occasion . errata . pag. line . between [ who and spent ] interline [ have ] after [ want ] read [ general ] instead of [ more ] before [ starve ] interline [ needlesly ] before [ cause ] read [ one ] instead of [ the ] read [ is ] instead of [ are ] read [ them ] for [ him ] read [ their ] for [ his ] read [ viz. ] for [ that is ] read [ 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ] instead of [ 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ] read [ excisum ] not [ excisium ] read [ obligees ] not [ obliges ] read [ enhansing ] not [ exhausting ] between [ way and land-tax ] interline [ of a ] deleatur [ sometimes ] between [ rents and we ] interline [ in order to taxes ] between [ seldom and enough ] interline [ rich ] deleatur [ with ] after [ hazards ] interline [ and ] read [ omitted ] read [ apparatus ] instead of [ appurtenances ] after [ the ] interline [ former ] after [ land ] read [ this latter ] instead [ of the ] deleatur [ by ] between [ &c. and then ] interline [ could be fertilized ] read [ worth ] not [ work ] after [ market ] interline [ abroad ] read [ paribus ] not [ talibus ] read [ conniving ] not [ coyning ] pag. line . deleatur [ as much harm ] ibid. between [ of and one ] interline [ the ] penult . after [ coffee ] inter [ and ] read [ meerly ] for [ merrily ] ult . before [ certainly ] interline [ case ] dele [ out ] read [ so or not ] instead of [ use ] read [ on ] for [ of ] read [ their ] for [ the ] after [ heterodox ] interline [ believer ] read [ wearing ] for [ weaving ] read [ defect ] for [ dissent ] between [ then and is ] interline [ it ] . ult . after [ yet the ] interline [ said ] read [ offices ] for [ officers ] read [ shared ] for [ shred ] read [ consequences ] for [ calamities ] read [ an ] for [ no ] after [ plentiful ] interline [ year ] read [ medalls ] instead of [ a medall ] between [ consisting and great ] interline [ of ] read [ d'escu ] instead of [ d'esens ] read [ abating ] for [ abasing ] after [ former ] interline [ better ] read [ prices ] for [ proceed ] read [ as ] for [ the ] read [ families ] for [ faculties . ] finis . the kings answer to the propositions for peace as was pretended in the club-mens petition to his majesty with the copie of a letter from sir lewis dives, and another from colonell butler, governour of wareham, sent to them and read in their quarters : also a copie of articles and directions, and divers other passages of their proceedings and intentions, and a list of their chiefe leaders names and which of them are taken and who not : with other papers brought by our scouts from the army. charles i, king of england, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing c ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing c estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the kings answer to the propositions for peace as was pretended in the club-mens petition to his majesty with the copie of a letter from sir lewis dives, and another from colonell butler, governour of wareham, sent to them and read in their quarters : also a copie of articles and directions, and divers other passages of their proceedings and intentions, and a list of their chiefe leaders names and which of them are taken and who not : with other papers brought by our scouts from the army. charles i, king of england, - . p. imprinted by r.a. and i.c., london : . "commanded to be printed, and is published according to order." reproduction of original in the harvard university library. eng great britain -- history -- civil war, - -- sources. great britain -- politics and government -- - . a r (wing c ). civilwar no the kings ansvver to the propositions for peace, as was pretended in the club-mens petition to his majestie. with the copie of a letter from [no entry] c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - taryn hakala sampled and proofread - taryn hakala text and markup reviewed and edited - pfs batch review (qc) and xml conversion the kings ansvver to the propositions for peace , as was pretended in the club-mens petition to his majestie . with the copie of a letter from sir lewis dives , and another from colonell butler governour of wareham sent to them , and read in their quatrers . also a copie of articles and directions , and divers other passages of their proceedings and intentions , and a list of their chiefe leaders names , and which of them are taken , and who not . with other papers brought by our scouts from the army . commanded to be printed , and is published according to order . royal blazon or coat of arms imprinted at london by r. a. and i. c. . carolus rex : his majestie being himselfe so deeply afflicted with the miseries and calamities brought upon all his poore subiects in generall by this unnaturall war , doth not at all wonder , that the grievous and more particular sufferings of the inhabitants of the countie of dorset should urge them to seek ease and releefe , though by wayes lesse regular ; and being entirely perswaded , that their intentions in their late assembly , and in their present addresse to his maiestie , are full of dutie and loyaltie to his person and government , is so far from reprehending them , that hee is verie glad to find so many of his loyall subiects united in a joynt and heartie sence of the publike . and that by this particular application of themselves to his maiestie , they have afforded him the meanes to informe them more particularly of the justice of his cause , and his sincere and constant desires and endeavours for peace , than appeares by their profest neutralitie they have hitherto been : which that he might the better do , and that there may thereby be wrought a perfect union and coniunction between his maiestie , and those who professe to be so sincerely affected with the same pious desires of the publike good , his maiestie will verie speedily send unto the petitionees , or unto such as they shall depute within the said countie , persons fully instructed in the course of all his maiesties former proceedings , and of his present resolutions . and in the meane time , as an instance of his gracious intentions towards the petitioners , hee is pleased to give these particular answers to their severall desires . to the first , that whensoever propositions of peace shall be made unto his majestie by those at westminster , his eares shall be alwayes open unto them and not only ready to receive them , but even to seek and sollicit for them , when ever hee can probably judge that they will not reject his overture , whereof the petitioners need make no doubt , his majestie having neglected no occasion to invite them to a treatie of peace , the blessing therof was never more to be implored of almightie god , nor to be more industriously endeavoured by all good men , than at this time , when without it ( as the petitioners well observe ) this kingdome is likely to be made the prey of a forraine nation , the scots being at this present advanced with an army so far into the heart of the kingdome , as already even to threaten the westerne parts . and his majestie doth further promise in the word of a king , that if a treatie may be procured , hee will seek no other conditions of peace , than those mentioned by the petitioners , viz the glorie of god , in the maintenance of the true reformed protestant religion , the just and inseparable right of the crowne , the just power and priviledges of parliament , and the lawfull rights and liberties of the subject , and all these under none of these ambiguous termes whereby the contaarie partie have deluded and misled so many of his good subjects , pretending they fight for the same , making the knowne lawes of the land ( which cannot deceive ) the measure of each particular . to the second his majestie doth promise , that if a treatie may be procured , he will earnestly desire a cessation of armes , as hee did in the last at vxbridge , though to his great griefe not consented unto by the other partie , to the end that a treatie tending to peace may not proceed bloud : and his majesties desire is , that the book of the said treatie at vxbridge to be read to the petitioners for their satisfaction in this point , and manifestation of his desire of peace . to the third , that in case for the sins of the nation , the obstinacie of the other partie cannot be overcome ; but that his majestie and his people must yet be further scourged by gods afflicting hand of war , that his majestie is so deeply sensible of his supplicants , and all his other good subjects sufferings , by contributions , taxes , free quarter and plunder , that whatsoever can be done on his majesties part in the three first , by all the moderation that can possibly be used , unto the latter by the severest justice shall be carefully and effectually endeavoured : as for the point of trusting in the petitioners hands such of his forts and garrisons as shall be thought necessarie to be continued , his majestie makes no doubt , but if peace may not be procured , it shall so evidently appeare unto the petitioners , who have been the authours , and are the contrivers of their miseries , that they will prove the heartiest champions of their kings , their owne , and gods cause ; and consequently , be as fit persons as any his majestie can chuse , with what neere best concernes his safetie , and their protection : but for this particular , as after for the future maintaining of the said garrisons , his majestie will by those whom he shall employ unto the petitioners , advise with them of the time , and manner how his service may be done , must be their satisfaction . to the last , that a chiefe calamitie of war , is the silencing of the lawes , and if it were possible to uphold their due and currant execution , the sword could no longer : but as far forth as it is possible , that militarie affaires can be governed by legall inflictions on offenders , his majestie is verie desirous to give the petitioners all imaginable satisfaction ; but being a matter of such intricacie , the particular wayes and method of it must be ripened by further debate . as for the point of leave for his majesties mis-led subjects , to lay downe armes , and to returne to their habitations , there to live unquestioned and unmolested , it is that whereunto his majestie hath already many times given more then a permission , that is a speciall invitation by severall gracious proclamations , which for the petitioners satisfaction , he shall very willingly renew ; as for the other part which concernes those at present ingaged in his majesties service , and those under restraint , his majestie is too confident of the petitioners affection to him and his kingdomes safety , to believe while his enemies are so strong , and daily forcing every man to take up armes against him , and whilst a forraigne nation is in the bowells of this kingdome ready to devoure it , that they would wish him one man lesse in his army , or one man more at libertie to joyne with them ; as for all such persons as are absent from their home , and not ingaged , in his majesties service , it shal be verie accomptable to his majestie , that they returne to their homes to tend the service and quiet of their countrey , according to the petitioners desires , and for all acts of parliament , and lawes unrepealed , in what concernes the civill government in particular , for assises , sessions , and the like , the petitioners undertaken the protection of his majesties ministers of justice , his majestie will i●●ue his commands unto them all respectively , to performe their constant duties to the established lawes . at the court at ragland castle the .th day of iuly , . by his majesties speciall direction and command . george digby . the declaration concerning the petition of the club-men , and the kings answer thereunto . vvhereas his majestie seemes to be deeply afflicted with the miserable calamities of his people , and knowes how to remedie it ; what is the sum of that expression ? an unnaturall warre it is indeed , but faire words will not hide an ill cause ; are not these waies irregular , when iesuits , popish priests , papists , and out-lawd persons are protected from justice ? all good men are very sensible of the publike calamity herein . . you may take notice that in this answer , there is no notice taken of the lords and commons at westminster , to be a parliament , though the king by letters sent by rupert to them gives them that appellation . . for these things seemingly vowed to be sought for , how unlike is it , to what is indeed laboured for ? is gods glory sought , in throwing downe the kingdome of jesus christ ? and making warre against his members ? is the true protestant religion sought ? by advancing papists , iesuits , and popish priests ? and we hope none will deny but that if the crowne of any prince , shall stand in opposition to the crown and power of jesus christ , we are to follow the lamb wheresoever he goes , though persecuted ; where is the priviledges of parliament if not so much as acknowledged , but hunted after , reviled , and with force of armes withstood ? and delinquents , jesuits , and breakers of the laws protected from their power , and where is the liberties of the subject , if tyrannized over , persecuted and plundered , as daily they are under the kings forces ? . which party have mis-led his majesties subjects , may easily appeare with the well-affected in all parts of england , and scotland , ireland are very sensible of , notwithstanding any pretences of the papists and their jugling partie whatsoever . there is much difference ●etween one party of the club-men , and another ; but the first grounds of raising them is from a iesuiticall plot of the enemy , under a pretence of petitioning for peace ( which all men desire ) to be raised in a violent way to rise as one man against the parliament , the great ones amongst them that carried on the business , let not the people know what their designe was ; who intended before taunton was relieved , to have risen on the rear of our army , ( but blessed be god ) they were hindred ; and now at last they had order from the king , to ly still till sir thomas fairfax was marched to exeter , and then to rise , rnpert being promised to come with some thousands of horse from banbury to joyne with them to raise the siege at sherborn , and relieve those parts ; and then to fall in sir th. fairfaxe's rear . for this purpose divers of them sate in councell in shaftsbury , who were taken and brought prisoners to sherborne . a list of the countrey-gentlemen called the leaders of the club-men for wilts , dorset , and sommerset , brought prisoners to sherborne on the lords day august . . taken at shaftsbury , mr. hollis a younger brother out of meanes , who is one of the commanders in chiefe , a kind of generall unto them . mr. joliffe of blackmore another younger brother , who is lievtenant-generall to them , a notable great stlckler for them . mr. yong , advocate to them , whose habitation was at manson in blackmore , and was of old a star-chamber clerk . captaine john carew , the great grand jury man that lived at everith . captaine edward davis of lamhead . capt. thomas bennet of pithouse . capt. william blunt , a notable cavalier . capt. richard craddock , the malignant merchant of blanford . john saintlo , a gentleman of wilt-shire , a notable agent for the king . richard burbidge , son to burbidge the attourney in sturminster . william smith , sometimes vnder-sheriffe for wilt-shire . thomas jervis , the same that was wont to go up and downe to sell cloth from place to place . john lovell of sommerset-shire , a notable stickler against godly men . john eastwood of dunhead in wilt-shire . francis craddock of blackmore . john pope of marnhill , a man of a verie good estate , but a notable malignant . thomas rose of chisgrave , a man also of a faire estate , but malignant . john bennet , brother to captaine bennet of pithouse . nicholas bingham of hensridge ; it is pitie any of that family are malignants . francis abbot , son to jeremy abbot of horsington . robert hollis of dorset-shire . william filloll , a gentleman of a good estate , that lived in marvell , but averie violent malignant . charles studley of langhton by blanford . john may of melbury , a notable rogue . iohn phill of lidlinch a grasier , who rise in hope to recruit his grounds by plunder . laurence hide a malignant priest , mr. hides son of hatch . sarnuel forman , the curate of gillingham . william laning , a young malignant priest that lived at cerne . mr. rock , a desperate malignant person , that was borne at buttle , and chaplaine to banfield at chafield . mr. willams a malignant priest . mr. henry hayward , henry gouge , john every , edward boone , thomas roes , robert squier , thomas marvell , richard alborne , charles simms , robert sapist , thomas brooke , john king , edmond clerke , martin marble , thomas bunce , william sanders , john corbet , robert fry , william ford , matthew martin , and henry goodwin . all which are notoriously knowne to be dangerous malignants , besides divers others which were taken next day by lievtenant-generall cromwell , in an old roman work on hambleton-hill , where he routed . of them that were gathered in a body , and killed some . and tooke almost . prisoners , and almost all their armes and colours , the rest fled home . besides these , there is remaining still amongst the clum-men divers great malignants . capt. george moore of winborn . capt. william whiting of spetsbury . capt. henry burley of beer regis . george sexton of beer regis , a man of a great estate but a desperate rogue and violent against the parliament and good men . robert arnall of cheslebourn another desperate agent . raughly radford of divelish , and more divelish malignant . the great ones that were the ring-leaders that are taken , are to be brought up to london , and may be made examples . but there are many silly people have been mis-led by them , that will now ( it is hoped ) be laid , and in divers parts the club-men are firme for the porliament , and laugh at the folly of the rest . now for further satisfaction , here followeth the copie of two letters , one finn sir lewis dives of the king party , and the other from colonell butler the governour of warcham , of the parliaments party , both to the club-men . a copie of sir lewis dives letters to the club men . gentlemen and friends , that i have not hitherto required any accompts of former assemblies ; the reason is , because i deemed your professed desires and resolutions tending to the preservation of the true reformed protestant religion established by law , and of your selves from plunder , and such like unlawfull violence ; no way derogatory to his majesties service , wherein i am throughout this countie intrusted : but rather such as the same trust bi●●des mee , and you shall ever finde mee most ready to assist you in . but perceiving of late a backwardnesse in some of your parts of the countie , and a denyall from others in the payments of contribution after the late moderate proportion ; which in consideration of the present poverty of the countrie hath beene by mee required of them ; and by with-holding whereof , his maiesties service must necessarily faile , it being the onely means his maiesty hath left him to supply his forces here , and by the gentlemen and freeholders agreed and promised to bee paied unto him , and never promised or agreed to be paied to those that are in rebell on against him , his maiesties one revenues , customes and rents being for the most part seized , and against all the rules of law taken and disposed of by the rebells , for payment of those that serve them in this un-naturall warre . i am therefore forced to put you to the question , whether it be your generall resolution over and above your published resolutions to deny his maiestie these necessary supplies , to the end i may consider what course to steere ; and withall , out of my care of your safety and preservation , which may otherwaies bee endangered , to admonish you that you be not seduced to must or rely on those who have brought this even and destruction on you ; remember by what degrees they have effected it , how they first fortified severall townes in this county , then dis-armed you ; then sent out tickets and papers , requiring upon paine of plundering great summes of mony , to the full yearly value of your estates , from all gentlemen , freeholders , and yeomen of any abilitie , and forced the paiment thereof by imprisonment of their persons , and plundering of ther goods , they not onely required , but where they have power , have enforced the twentieth part of your estates , and the th part of your yearly revenue , besides the contribution , and yet not contented herewith ; have fired the houses of divers gentlemen of this countie , where no garison or force did oppose them ▪ remember how they have banished your orthodox , and loyall clergie ; consider how they have plundered almost all men of qualitie in this countie , from some sheap at a time , from others more , from others , from some , for oxen from another , to the undoing of many , both gentlemen and farmours ; the particulars whereof are so infinite and many , and the parties who have suffered these losses so well known to your selves , that i forbeare to make any farther mention thereof . also that after all these sufferings , how they set an excise upon your bread and meat you eate , in all places where they have power ; and which is worst of all , they have abused our churches by making flables thereof , and by robbing and defacing the same , and now abolished the common-prayer and litturgie of the church so long publickly used amongst us , and confirmed by law ; and instead thereof , have introduced so many religions as men shall fancie of themselves . remember how wee and our ancestours have happy lived under the government of many godly and pious kings and queenes , and see where we have not suffered more in years under them . and lastly , thinke upon it seriously , whither ever you can or probably may expect such happie daies again , if you joyne not with the king and his forces , to advance his throne and regall dignitie , who hath so often sought and desired your peace and safety , i remaine tyranny of these men who now usurpe regall authoritie unto themselves , then one years before , under the government of those religious kings and queenes . gent. your very affectionate friend lewes dives . in answer to this letter , there shall need to bee said no more , onely to referre the reader to colonel butlers letter following , which is the true copie of that which he sent to the club-men . gentlemen and neighbours , you have had many meetings , but few salutations from me , not that i love you lesse than other governours : but that i knew not how to shape a discourse to you , till i saw which way you did encline . i have seene some of your articles , and find you pretend chiefly to stand up in your owne defence , and the preservation of that little which is left to maintain and preserve you and yours . if that onely be your intent , i know not how , or why it should be withstood by any one that loves his countrey ; but then i would wish you would manifest it , by your yeelding no assistance to the aduerse partie , and we will endeavour to require none from you ; otherwise we must look on you as not what you professe your own friend onelie , but our professed enmie . put us in a way by your assistance to get the kings party to quit their holds , and we i assure you , will speedily relinquish our land garrisons . if your intentions are according to your expressions , then i desire you would manifest it ; first , by your prohibiting papists , and such as are notorious enemies to the parliament . secondly , by warily declining the counsell and the wily practises of some eminent men now in armes against us , who plott and contrive to abuse and seduce your honest and innocent intentions . thirdly , wee intreat you likewise not to suffer scandalous nor drunken ministers to have any great power with you , nor influence upon you , because we know such are our professed enmies ; for they know the parliament intends to call them to a stric●● account . fourthly , we shall desire that you may give us no 〈◊〉 cause of exception , that no man that is knowne to have beene our enemies , may be neither a clerke or reader , or any other kinde of officer among you . fiftly , that our letters be read , and our messengers safely returned aswell as any others . sixthly , that our souldiers and troopers may have free egresse and regresse amongst you , that if they behave themselues amisse , and fall into your hands , you would acquaint us with their offences that wee might punish them . these things if you will performe , we shall wish you well , and that you may be prosperous to the end you pretend to undertake it for ▪ otherwise whatsoever your pretences are , we know that you are abused by those that are our enemies , and that would make you so too ; and we desire to know , how can you be parliaments enemies ? is it because they endeavour with the hazard of their liues to preserue your liberties ▪ when the tyrannie and oppression of the court was at highest : or is it because they vow and covenant to extirpate popery , schism 〈…〉 errors , and superstition . why will you plead for baal , will you●o to keepe up that which god hath promised , and hee will have downe ; or is it because you feare wee will take away the kings crowne and dignitie . looke upon the parliaments declarations to the contrary , sent to all princes and states . looke upon our solemne vow and covenant to the contrary , and doe not thinke us a people gréedie of periurie , and of hatred and infamie from all posterity ; or is it because we endeavour for reformation in church and state . i desire you to consider , whether it bee not 〈…〉 e to endeavour to be better , when god is punishing us because we are so bad . whether the reformation aymed at , will not make us walke more pleasing before god , and make us more conformable to all other reformed protestant churches , who have long looked and prayed for such a reformation amongst us ; whither this be not to thwart and oppose what god will have brought to passe . if you canot apprehend the great necessities of it , yet i advise you at least to stand still , and not to lift up your hand against it ; for if it be of god , it will stand , if it bee not of him , it will fall of it selfe to the ground . take heede then good neighbours and fellow protestants , of ioyning and associating your 〈◊〉 with bloodie papists and irish rebbels , lest you partake of their 〈…〉 ments , for god will shortly bring them to an account of all the innocent blood shed here and in ireland . take heed of setting your selves against them , that earnestly pray and endeavour for the true good of your soules , bodies , and estates ; and the lord give you a right understauding in all things , and guide you into those wayes and counsels which will most conduce to his glorie , and your true good . pardon mee for being so tedious , i have not troubled you often , i should be glad to heare from you what your resolutions are , and shall rest warham iune . . your truly wel-wishing friend and neighbour robert butler . . for his majesties promise of a cessation of armes , and nomination of a treaty , the late printed letters between the king and queen , it is hoped have given full satisfaction to every rationall man ; and yet ( such is the parliaments desire of peace , if it may be , that ) the lords and commons have both agreed to send propositions to the king for peace , and that without any treaty ; but forthwith by bill to require a positive answer : to which if it shall please his majesty to give his royall assent , an end will bee of the wars , and the kingdom setled in peace , and he received with joy , and honoured with the love and loyalty of all his subjects . . the reading of the malignant booke printed at oxford about the treaty , hath giv●n little satisfaction to reasonable men , who will without doubt be fully satisfied in the declartion , which the parliament are putting out concerning the same . . what faithfull protestant can be so blinded , as not to understand , and in his conscience confesse , that the sins of the kings army are exceeding great , both in drinking , swearying , whoring , robbing , plundering , killing , and idolatry , and all manner of wickednesse and barbarous cruelties daily exercised in all parts where they come . and what redresse is here promised for the reliefe of his majesties subjects herein . to the third , you may see the answer is , that taxes and free-quarter shall be done with moderation , and severe justice is promised for plunder ; but should that be fulfilled , the king would soone hang up all his souldiers . . for the trusting of any to keepe the garrisons for the king , it is notoriously knowne , that the queen must approve of them , and none but papists must bee entrusted there with ; is it not so in all parts of the kings quarters . . for the want of iustice , the kingdome is very sensible , that that very thing hath beene a great cause of these wars ; which papists , iesuits , and delinquents were the fomenters of , to be a protection for them from the power of the parliament . now because the very club-men themselves are sufficiently sensible how they have suffered under the kings forces , therefore they have framed directions for the security of their estates , the copies whereof follow . the desires and resolutions of the inhabitants of dorset . we the miserable jnhabitants of the said countie , being too too deeply touched with the apprehension and sense of our past and present sufferings ( occasioned onely by these civill and vnaturall warrs within this kingdome . ) and finding by sad experience , that by meanes thereof the true worship of almighty god and our religion are almost forgotten , and that our ancient lawes and liberties , are alltogether swallowed up in the arbitrarie power of the sword ; and foreseeing that famine and utter desolation will imediatly fall upon us , our wives and children , ( unlesse god of his in finit mercy shall looke upon our true humilation be graciously pleasd , spedily to put a period to these sad distractions , are unanimously resolved to joyne in petitioning his majestie and the two houses of parliament for a happie peace and accommodatin of the present differences , without future effusion of christian bloud ; without which accommodation we cannot expect the enjoyment either of our religion , liberties , or proprieties : meane while , that we whose names are under written , resolve , and doe here declare . . to defend and maintain with our lives and fortunes the true reformed protestant religion . . to joyne with and assist one another in the mutuall defence of our lawes , liberties , and properties , against all plunderers , & all other unlawful violence whatsoever . . wee doe faithfully promise each to other , that the damage or losse which in the execution hereof shall happen to any one , be accounted as the losse of the generality , and that reparation be made to such party or parties by the whole county ; and in case of losse of life , provision be made for his wife and children , by the county . . to declare all such unworthy of the generall assistance , as shall refuse , or delay to joyne with us in the prosecution of these our just intentions . some directions for present behaviour made and agreed on at a meeting of the inhabitants of the counties of dorset and wilts , at gorhead corner , the th of may , . vvhereas by the articles of our association , wee challenge unto our selues no other freedome for the present from the burthen of the warres , then to preserue our selues from plder , and all other unlawfull violence . it is therefore advised by the generality , that untill such time as we receiue answer to our petitions from his maiesty and the two houses of parliament . . euery towne , tything-parish , great hamlet , make present choice of thrée or more or the ablest men for wisedome , valour , and estate , inhabitants in the same , unto whom at all times they may repayre for assistance and direction . . that the constable , tything-man , or other officer of the tawne , tything-parish , or liberty , in pursuance of the statute in that case prouided , set a constant watch of two at the least euery night , and they well armed , and if need so require , by day also ; and the number of the watchmen to bee encreased , according to the discreation of the said chosen able men , and the said officers . . that the watchmen be charged not to stoppe , 〈◊〉 , or examine any souldier on his march , nor any other passenger that passeth peaceably ; but if they be friendly spoken unto by the passenger , to returne a friendly answer , to encourage him in his peaceable behauiour . . that the watchmen keepe walking in their precincts , in as much secresie as conueniently they may , in auoyd a hidden surprisall ; and as soone as they or either of them descry any vlolence to any person , house , or goods , if they are not of sufficient strength themselues to suppresse or stop the said violence ; then one of them presently repayring unto one or more of the said chosen able men , by his or their aduice , to raise the parish , tything towne , or hamlet into armes , to assist the distressed , and the other watchman withall speed to repayre to the next neighbouring watch , or watches , if need so requires ; and there in like manner raising the men into armos , to bring presently with him to relieue the distressed halfe of the men there armed , the other halfe to remaine ready armed in their owne precincts to protect the same , and to apprehend the plunderers in their retreat . . that all such as pretend themselues to be souldiers , and are taken plundering , or doing any other unlawfull violence , be presently disarmed , and after examination , hauing confest unto which army they doe belong , to be safely guarded , together , with sufficient witnesse to proue the offence ; from tything tything , until they be brought to the next garrison belonging unto the said army , and there to bee deliuered unto the commander in chiefe , with tender of the witnesses to proue the crime ; but in case they say they belong to an army that doth quarter neere the place where the offence was committed , then in like manner to convey them to the commander in chiefe of the said army . . that they auoyd false alarums , no men rise into arms but such as are so nominated by the watchmen , unlesse they see apparent violence ; or in case the watch be defectiue or surprised , they be called by a very probable out cry . . that all men furnish themselues with as much , and good armes , weapons , and ammunition as they can procure ; and the rich out of a good conscience to relieue the poore herein , as also in their labours of watching and other assistance in some proportionable measure . . that the contribution money , and all prouision and necessarie maintenance for the armies , if it be demanded by a lawfull warrant directed to the officer of the place ; bee not denied , but euery man as hee is able in some reasonable proportion forthwith to contribute ; and for those that are truely unable , certificate of their inability to be made by the sayd officer , with the advise of the said chosen able men of the place , unto their commander in chiefe , from whom the warrant issued , with petition for respite and mittigation of the proportion by the sayd warrant required , untill they shall be better enabled . . if quarter be demanded according to order martiall , the soldier to be friendly entertained , behaving himselfe fairly in his quarters ; but if they plunder or offer any other violence , then to be restrained and delivered up unto his commander in chiefe to be by him corrected . if any inconvenience shall bee found to ensue on the observation of these directions , it is desired to bee made knowne at the next generall meeting that it may be amended . finis . a letter to general monk, expressing the sense of many thousands of the well affected people of england. old parliamenters, and old puritanes to the magnanimous and truly excellent generall monk. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing l thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) a letter to general monk, expressing the sense of many thousands of the well affected people of england. old parliamenters, and old puritanes to the magnanimous and truly excellent generall monk. albemarle, george monck, duke of, - . sheet ([ ] p.) s.n., [london : ] signed at dated at end: the commons of england. january . . imprint from wing. annotation on thomason copy: "feb: . ". reproduction of the original in the british library. eng england and wales. -- parliament -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no a letter to general monk, expressing the sense of many thousands of the well affected people of england. old parliamenters, and old puritane albemarle, george monck, duke of c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - pip willcox sampled and proofread - pip willcox text and markup reviewed and edited - pfs batch review (qc) and xml conversion a letter to general monk , expressing the sense of many thousands of the well affected people of england . old parliamenters , and old puritanes . to the magnanimous and truly excellent generall monk . noble sir , god hath made you the instrument of conveighing one of the greatest blessings to this nation that hath been bestowed upon it in these latter days ; even of rescuing our laws , liberties , estates , ministers , religion , all that is dear to us out of the hands of men , who being in their first constitution our servants , had by craft and treachery made themselves lords over us , and designed to sacrifice all these to their own ambition . but the most wise and righteous god , who raised you as a deliverer to this poor nation , hath caused them to fall before you without stroke striking , filling their hearts with fear , and their faces with contempt and shame , for which his wonderful mercy , as thanks are rendred to god by many on your behalf , so doubt not honoured sir , but many prayers are daily poured out before the lord for you , that he would direct your steps in his ways , so evenly and unerringly , that that deliverance which is so happily begun may be perfected by your hand . your excellency , ( for that title your merit gives you whether men do or no ) cannot be ignorant that great persons ( as your self is ) in great actions ( such as this in which you are now imbarqued ) are attended with great temptations , which though your own deep wisdome and much experience be sufficiently able both to discern and decline ; yet will it not we hope be offensive to your excellency to hear what the vox copuli is concerning the temptations that lie before you . first , some think there is now lying before you a sore temptation of making your self great , and to take the supream power and government of these nations into your own hands , and make your self a protector , a king , or what you please , and it is verily thought you might do it with a far more universal acceptance then oliver did ; and it is feared there may be some who may secretly whisper such counsels to you : but surely sir , it is hoped and believed you are so much a souldier , a gentleman , a christian , as that you despise and abhor the thought of any such thing , having declared the contrary as you have done . they that know you say you have too brave a spirit , to purchase the personating of a king with so much guilt and infamy as oliver did , who after he had played rex upon the theatre of the world , for a few years hated of some , scorned by others , flattered by a few , went off with reproach and hissing , and his memorial is perished with him ; who had he had so much honesty in him as a heathen , would instead of his pompous funerals ( yet unpaid for ) have contented himself with a plain tomb-stone with this inscription {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , &c. look upon me and learn not to be treacherous , false , ambitious . so recent an example of gods revenging wrath , should cast a damp upon the pride and ambition of men , but we see it did not : witness fleetwood and lambert , who not thinking themselves high enough till they were got into phaetons ( that is cromwells ) chariot , had certainly set this whole kingdom on a flame , if god by your hand had not cast them down as suddenly and strangely as if they had been thunder stricken . but your excellency is of another spirit , even like that noble earl , that said he had rather make a king then be a king . in which respect we fear not much your being overcome by this temptation . that therefore which others fear , and fear more is your being tempted to close with this piece of the parliament now sitting at westminster , and to assist and aid them in their setting up of that which they call the common-wealth of england , though by all that ever we poor plebeians could see or understand of it , it is but the setting up of themselves ; and that which makes us something fear you here is , that in many of your declarations which you have emitted , you have expresly and in terminis declared for this parliament as it was sitting in octob. . and for the establishment of government by a common-wealth . these things make us fear ; but when we consider that these declarations were made by you when you were in scotland , or in the remotest parts of england , where you neither did nor could know the sense of the english nation ; we hope that now god hath brought you among us , where you may hear the sighs and groans of your brethren , and from our own mouthes understand what we groan under , and what we groan after , god may put other thoughts , and other resolutions into your heart then what you have yet published or declared to the world . give us therefore leave to declare and remonstrate to you that a great part , yea , the greatest part of the godly people and ministers in england , who adhered to the parliament in all their contest against the king from . to . never did own , nor never can prevail upon their consciences to own those men that now sit at westminster for the parliament of england , since they contrary to all equity and reason , contrary to their trust and duty , contrary to their covenants and protestations , suffered so considerable a part of their members to be by the army plucked from them . nay , not onely suffered it , but we fear some of them contrived it , and all of them now since their last meeting abetted it . resolving upon a solemn vote next day after their solemn fast , that these members were duly excluded : a thing so contrary to the light of common reason , that every man is ready to blush at the reading of it ; is this the fast that god hath chosen ? is this to loose the bands of wickednesse , and to let the oppressed go free ? nor , secondly , can we ( if this were not ) look upon that handful of men sitting at westminster as men to be trusted with the lives and liberties of the nation , and least of all with religion . some of them being persons of notorious loosenesse and debauchedness , others desperate atheists , despisers of the word and ordinances . the most of them , ( whether out of carnal policy , or what other principle god knows ) friends to all sects , errors , and heresies , even to popery it self ; witness their repealing penal statutes made against popish recusants before their breaking up in . and their vote passed in the speakers chamber before the last breaking up in . wherby they gave papists equal protection with the most pure and orthodox of protestants , we hope your excellency when you are informed of these things , will not think it strange that neither city nor countrey can cheerfully accept these men for englands parliament , we hope your self having expressed so much zeal for the true orthodox protestant religion , and for the ministers and ordinances of christ , will not now give them up to the mercy of these men . we have done with the parliament , may it please your excellency to give us leave to expresse our selves concerning the other particular , the changing of the government of the nation into a common-wealth . first , we call to remembrance that saying of the holy ghost , prov. . . remove not the ancient land-mark which thy fathers have set . our forefathers according to the wisdom given them of god , had very equally and justly bounded both the kings power and the subjects liberty . the late king he went about to remove the ancient land-mark of the peoples liberty , and this hath been the overthrow of him and his family unto this day . let the people now take heed of removing the other landmark , least the lord see it , and it displease , and he lay their liberty as low in the dust as he hath done the kings authority . extrema non durant , there is also another text that not a little troubles us when we think upon these changes , and that is prov. . . my son , fear god and the king , and meddle not with them that are given unto change ; for their calamity shall rise suddenly , and who knoweth the ruine of them both . sir , you have merited so well at our hands that we cannot but be very unwilling you should be involved in that calamity which we are very confident will again suddenly overtake these members given to change . secondly , we call to remembrance how in the beginning of the quarrel between the king and parliament . the king did lay to their charge that they had a design to alter the ancient governments of the nation , and to let a flood of errours and heresies into the church , and that thereupon he was forced to take up armes for his own defence , and the defence of religion ; and now if these men do indeed alter the government , as they intend to do ; and do set open a door to all errors and heresies , as they have begun to do ; do they not thereby justifie the king before god and men ( for whoever yet questioned but that it was lawful for a king to defend religion , and his just authority against those that seek to subvert them ) and do they not hereby bring upon themselves the guilt of all the blood that hath been shed in england , and we are very loath you should share with them in that guilt . thirdly , we call to remembrance that the parliament both in their answers to the forementioned declarations of the kings ; and in all their declarations both to this and neighbour nations , scotland , holland , &c. did in the most solemn manner that could be disclaime this altering of the government , and looked upon it as the greatest slander that could be raised against them , and therefore they cannot alter it without falsifying their word to forrain states and princes , and incurring the note of false and perfidious men . the very suspition of which crime we are perswaded your noble soul abhors . fourthly , we call to remembrance the many solemn vowes and covenants whereby the parliament bound themselves and us to maintain the government as it was then established ; and therefore they cannot alter it without incurring the guilt of perjury or covenant-breaking , which god never suffers to pass unpunished , no not among the heathens . fifthly , we consider the blood and treasure that this attempt hath put england , scotland and ireland to already . the blood that cromwel shed in scotland ; and the blood that cromwel shed in ireland ( after your excellency had ended the first war with the popish rebels ) in what quarrel was it spilt , but in the quarrel of this idea , this fairie common-wealth ( which we often hear the name of , but could never yet see . ) that vast treasure that hath been expended now for these eleven years in the maintaining of an army here in england ( necessary for nothing but for the cudeling of people into a complyance with every prevailing power ) whom may we thank for it but the modellers of our common-wealth . sixtly , we cannot but fear that the altering our government into a common-wealth , will be so far from ending that it will but perpetuate our miseries from generation to generation ; for so speak as christians , the foundation of this intended common-wealth hath been laid in so much treachery , perjury , blood , and there is such a cry of the fatherless , widow and oppressed goes up before the lord against it , as it can never be blest to england ; and to speak as men , the masters of this new common-wealth know there is such a spreading family of the stuarts , and their interest is so spread and rooted in this nation and among neighbour nations , protestants as well as papists , that let them make never so many votes , engagements , oaths of abjurations , they will never dare to trust their infant common-wealth , as themselves call it , without an army royal to back it . and so the nation must be at the charge of maintaining continually an army of fifty or sixty thousand men , to please the humours , and maintain the grandeur of fourty or fifty men that are ( forsooth ) the common-wealths representative of england , for more there are not that are sticklers for this new device . for this , seventhly , we complain of as a very great grievance and oppression that so inconsiderable a number of men should assume to themselves the sole legislative power , and impose oaths and new formes of government upon the free-both people of this nation , not onely without their consent , but contrary to the known judgement and conscience of the people of the nation . for , eighthly , this themselves know , and we will not hide it from your excellencie , that if it were put to the scrutiny , whether the people of this nation would be governed after the forme of a common-wealth or no , there is scarce one man of . but would give his vote in the negative , except papists , quakers , anabaptists , and other sectaries , or those who under the specious pretence of a common-wealth , seek their own private wealth , and have built their nests upon the publick ruines . and into the secrets of these men we hope your soul will never enter . and that this aversenesse to a common-wealth may not be judged will and stubbornness in us to all the former reasons . . let us adde this ( in the ninth place ) that this device of changing the government of england into a common-wealth , it is a pure popish jesuitical device to alter and overthrow the true protestant religion in england , witness father parsons his memorials for reformation printed at sevill , an. . campanella in his monarchia hispanica , and cardinal richilieu in his instructions . these things make this alteration of government not only suspected but formidable to these that love the true religion , as we doubt not but your excellency doth . and such cannot but with grief observe , that under these men that are the contrivers of our common-wealth religion , hath suffered more detriment then it did in a leven years before . . lastly , we cannot but observe how god from heaven hath apparently fought against this idol of their brain . these men said in the pride of their hearts ( in one of their declarations as soon as they had cut off the kings head ) that they would speedily set up in the nation a better government then ever was under any , even the best of kings . ( surely they might have excepted david , or josia , or hezekiah ) but see how god hath befooled them from that day to this ( which is now eleven years ) they have not been able so much as to lay their foundation . sometimes god divides their tongues , and puts all in a confusion and disorder , as in the building of rabel ; sometimes he scatters them , so in . so again in . this is the lords doing . lord when thy hand is lifted up , they will not see , but they shall see , if they be not more blind then balaam , he when the angel of the lord had stopt his way twice , the third time desisted : twice god hath stopt these men in their eager pursuits of a common-wealth , let them desist in time if they will not , yet we dare not say a confederacy to them , least we should be found desertors of our covenant , self-condemned and fighters against god . and therefore we do humbly pray , that your excellencie ( according to the opportunity and authority wherewith god hath betrusted you ) would interpose effectually with that part of the parliament now sitting at westminster , that their secluded members may be re-admitted , and vacant places may be filled up , then shall we chearfully own them as the parliament of england , and humbly acquiesse in their declared judgements . and in so doing you shall make us happy , your self honourable to the memory of all after ages ; and oblige us , and our posterity after us to be your lordships most humble servants , the commons of england , january . . the trade of truth advanced. in a sermon preached to the honourable house of commons, at their solemne fast, iuly . . by thomas hill, b.d. pastor of the church at tychmersh in the countie of northampton. published by order of that house. hill, thomas, d. . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing h thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) the trade of truth advanced. in a sermon preached to the honourable house of commons, at their solemne fast, iuly . . by thomas hill, b.d. pastor of the church at tychmersh in the countie of northampton. published by order of that house. hill, thomas, d. . [ ], , [ ] p. printed by i. l. for iohn bellamie, philemon stephens, and ralph smith, london : . with an order to print on verso of first leaf. several variants occur: late copies "have the headlines of pp. and corrected from 'commous' to 'commons.' but in all copies sheets e, f, and g each have two varieties of headlines, which are bound up in various combinations." -- jeffs. english revolution, v. , p. . annotation on thomason copy: "aug. .". reproduction of the original in the british library. eng england and wales. -- parliament -- early works to . bible. -- o.t. -- proverbs xxiii, -- sermons. fast-day sermons -- th century. great britain -- politics and government -- - -- sources -- early works to . a r (thomason e _ ). civilwar no the trade of truth advanced.: in a sermon preached to the honourable house of commons, at their solemne fast, iuly . . by thomas hill hill, thomas d the rate of defects per , words puts this text in the d category of texts with between and defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion die mercurii . iuly . . it is this day ordered by the house of commons now assembled in parliament , that sir christoper yelverton doe returne thanks to mr. hill from this house , for the great pains he took in his sermon this day , preached at the intreatie of this house , being the day of publique fast , at saint margarets westminster ; and that he doe likewise intreat him from this house to print his sermon and that no man presume to print it , till the house shall take further order , but whom he shall appoint . h. elsynge cler. parl. dom. com. i appoint iohn bellamie , philemon stephens , and ralph smith , to print my sermon . thomas hill . the trade of truth advanced . in a sermon preached to the honourable house of commons , at their solemne fast , iuly . . by thomas hill , b. d. pastor of the church at tychmersh in the countie of northampton . published by order of that house . iohn . . sanctifie them through thy truth ; thy word is truth . cor. . . for we can doe nothing against the truth , but for the truth . london , printed by i. l. for iohn bellamie , philemon stephens , and ralph smith . . to the honovrable hovse of commons , now assembled in parliament . when i first heard that i was designed for this solemne service , being conscious of my own insufficiencie to preach to so awfull an assembly , i couldnot entertaine it without trouble ; yet resolved with luther , rather to undergoe others censures , then to be reproved for ungodly silence , in such times when the lord suffereth . and now i have as much reason to be full of blushings , to thinke that this plaine discourse should be exposed to more publique view ; but herein i must resigne up my self unto your disposings , to whom i owe , & quod possum , & quod non possum , much more then my meanenesse can performe . this sermon , such an one as it is , i humbly tender to your gracious acceptance , who have adopted it ; i put it into your honourable protection , who have listed it ; i commend it to your practicall observation , for whom i intended it ; heartily desiring gods blessing upon your spirits in the perusall of it ; that you may read and act it , turning words into works , that you may repeate it over in your lives , which is the best repetition of sermons . our present breaches , call for a contribution from every one , for the repairing of them ; but much is expected from you , who are called to be publique counsellors , and thereby obliged to expresse a publique frame of spirit ( which is the beautie and strength of a great councell ) , swallowing up your private interests , in the publique welfare . not with baruch , seeking great things for your selves , which is most incongruous to stormy times , but rather resembling melancthon , who professed , though he had many domesticall troubles , yet the publique wounds of the church most deeply afflicted him . england is more bemoaned , by many with that language in austin over the poore man . quomodo huc cecidisti ? alas how camest thou into these distractions ? she may answer as the poore man there , standing in more need of reliefe then discourse . obsecro cogita quomodo hinc me liberes . thinke how i may be rescued out of th●se troubles . towards this blessed worke , i have cast in my two mites , moving in the proper sphaere of a divine , as an agent for the truth , perswading you , who are betrusted by others , and have farre engaged your selves in the reformation of religion , that with all your might , you would promote the trade of truth . it is not for me to suggest a methode in the execution of your counsels . he whose name is counsellour guide you ; yet i shall still pray that in your intention , the purging , the setling , the advancing of true religion may be most dear unto you . it is one maine end , and a pretious fruit of government , that wee may lead peaceable and quiet lives in all godlinesse and honestie . this is well worth peoples wrastling prayers , and your most active endeavours . the stabillity of all our blessings must come by the true religion , gods presence is the best security , who is most powerfully present where there is most power and purity of religion . would you have a flourishing kingdome , advance the kingdome of christ in it . let the state maintaine religion , and religion will blesse the state , could you settle all our state liberties , yet if the arke of truth bee taken from us , our glory is departed , we may write these mourning characters upon all our comforts , ichabod , where is the glory ? it is too high a complement in the lord cordes , a french commander , who often said , that he would willingly lie seven yeeres in hell , so that callice were in the possession of the french againe . we blesse god for that reall selfe-denyall and activity ye have expressed , abating so many personall and family contentments , in your long attendance upon publike affaires . be not weary of well doing , in due season ye shall reape if you faint not . never had any parliament more work to do ; ireland still bleeds , the affaires thereof find unhappy obstructions . to subdue rebellion , to plant religion there , are great matters . england is very much out of frame . the church cals for truth ; the state cryes for peace , they who sowed in hope , reape in feare , out sickles are turning into swords . now to effect an happy correspondence betwixt our soveraigne and his people , a blessed compliance betwixt england and religion , here 's work for the strongest shoulders . never had any parliament greater opposition . as nehem. . . our builders worke with one hand , and hold a weapon with the other . achitophels plot , rabshekahs raile , sanballats mocke . yea since councels of reformation , there is a more malignant antipathy appears against truth in many places . as tim. . . evill men and seducers waxe worse and worse , deceiving and being deceived . yet be encouraged worthy sirs . never had any parliament so many thundring legions of praying christians , to assist them . when others insult and blaspheme , iacobs posterity are wrestling with god for you , resolving not to let him goe till he blesse you . and whilst you are pursuing peace , allow this plaine sermon that humble boldnesse as to whisper you in the eare , beseeching you still to maintain your former zeale in the cause of truth . when did your counsels prosper more , then when you were most active about religion . when you were building the lords house . for hee builded yours as hag. . . from this day i will blesse you . be pleased therfore more and more to engage your selves for the truth , so shal you engage god for you ; let your cause be his cause then his attributes will be yours , his providence will work for you , his spirit wil work in you ; then will you have more with you then against you , though the devill and the pope combine . do your owne work , trust god with his ; duty is ours , events , successe are his . commit the keeping of your soules , of the church , of the state , to him in well doeing as unto a faithfull creator . truth will yet triumph , babylon and all her crutches must downe ; the fight of faith is a good fight , because such souldiers are sure of the victory . the kingdome of christ shall prevaile , though second causes be impotent , yet the zeale of the lord of hoasts will perform this . isa. . . when hierusalem is restored it will be a city of truth zach. . . o that all our parliament worthyes , might bee so valiant for the truth that england might become a kingdome of truth ; following chronicles will then give you a share in that honour of being the churches saviours , as obad . v. . and god will put zerubbabels high dignity upon you , making you as signets . hag. . . the good lord guide , unite , act and blesse your counsels , and think upon you for good , according to all you have done , or shall doe for his people . so prayes he who desires to be found , your faithfull servant for the truth : thomas hill . a sermon preached at the fast before the honourable house of commons . proverbs . . buy the truth , and sell it not . the eternall happinesse of our immortall souls is to be found only in union and communion with iesus christ ; religion is that which gathers and binds up the spirit to close fellowship with him ; this bond is twisted out of those materials , which the severall pen-men of holy scriptures have prepared ; wise solomon hath contributed a good share to this blessed work in his three books , proverbs , ecclesiastes , canticles . i will not confidently with hierome and others , entitle salomons three books , to his three names ; as he was salomon peaceable ( say they ) he scattered proverbiall sentences among young men , to discipline them in wayes of righteousnesse and peace ; as he was {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , ecclesiastes , the preacher , he wrote the book of ecclesiastes , a pithy sermon , teaching men of riper yeers , the vanitie of vanities in all worldly excellencies . as he was iedidiah , sam. . . beloved of the lord , he acquainted greatest proficients , with the sweet communion betwixt christ and his spouse in the song of songs . but of this i am sure ; the book of proverbs is sutable to its title , worthy of wise salomon the sonne of david king of israel , prov. . . in the first book of kings , chap. . vers. . . salomon was an earnest suiter unto god for understanding ; and because he sought it from god and for god , ( so much doth the lord love to see a publike spirit in our private prayers . ) he gave him a large portion of wisdome , with an overplus of other rich advantages ; he obtained both the wisdome of a prophet and of a king , whereby he spake both propheticall and kingly sentences . so much the originall word {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} rendred , proverbs seemes to import ; raiguing commanding sentences , being so full of wisdome gravity and authoritie ; and that stile of being master of the sentences , may well be translated from peter lumbard , unto king salomon , who was the author of so many master-sentences . much of the wisdome of a nation , is oft found in their proverbs ; and much of salomons in this book of his proverbs , it being a cabinet of such jewels , as is fit for the closet , of so wise a king , full of short and pithy sentences , like jewels indeed , containing magnum in parvo , much value , vertue , and lustre in a little roome . and for the better discovery of their excellencie , it is observable , that herein they differ from most other scripture ; their harmony is in discord , their beautie in a kinde of contrarietie . if you would understand our saviours parables , minde the scope ; if you would reach many other places of scripture , attend the dependance , but if you desire distinctly to apprehend the proverbs in them , consider the opposition ; which though it appeare not so full in this my text , as in many other of these proverbiall sentences , yet here you may finde two disagreeing parts . first an injunction , buy the truth . secondly , a prohibition , sell it not . this opposition , such as it is , begets two propositions . . all the sons of wisdome , must be carefull to buy the truth . . though all must be buying , yet none may sell the truth . i will follow the method of the words , beginning with the first proposition . all the sonnes of wisdome , must be carefull to buy the truth . herein by gods gracious assistance , i will take a view of severall branches , enquiring by way of explication and confirmation . . what is the commoditie it self , this truth that must be bought ? . into the nature of the purchase , with the price of it . . what reasons may engage us to trade in this commoditie . and then ioyntly shake them altogether in the application , trying what seasonable fruit they will affoord this grave assembly on this solemne day . every one will be euquisitive concerning the commoditie it self : what is this truth ? i answer , not a metaphysicall truth , that 's for speculation only , not a logicall truth , that 's chiefely for disputation ; nor a morall ethicall truth , that 's but one sprig of speaking ; [ veracitas rather then veritas ] salomons truth here must needs be theologicall . and that not veritas o prima , god himself , no creature can compasse so great a purchase , if god were willing to sell it , but veritas o prima , derived from that first truth , this may , and must be bought . this is veritas objectiva , as it lyes in the scriptures , both in the principles of it , and conclusions deduced from it ; truth originall and truth derived . and veritas subjectiva seated in us , which we sucke from the word of truth . indeed truth of religion in us , grounded upon the holy scriptures the rule of truth ; which comprizeth truth in our iudgements , when soundly informed ; truth in our wils and affections , when obedientially conformed ; truth in our conversation , when seriously reformed according to the word of truth . there are things in truth well worth our buying , first libertie of truth , that the true religion may have free passage , and not be imprisoned in corners or clogged with difficulties . veritas nihil erubescit praeterquam abscondi . truth blusheth at nothing so much as to be concealed . paul desireth the thessalonians to pray for him , sylvanus and timotheus , that the word of god may run and be glorified . it is a disparagement to christ and his gospel , when that hath so much adoe to creepe , which should run and ride in triumph from congregation to congregation , from kingdome to kingdome . but a most beautifull and honourable sight to see christ at the opening of the first seale , with a bow and a crowne , going forth conquering and to conquer , subduing the heathenish world to the obedience of his gospel by the preaching of the apostles . what though a river be full of good water , yet if frozen , if not an open passage , men may die for thirst . it is the motion of the sun of righteousnesse , that disperses both light and heat . libertie of the gospel makes it a gospel to us . the church in the acts knew how to value this libertie of truth , and therefore when peter was imprisoned instant and earnest prayer was made ; the answer was as effectuall . peter released , herod confounded , and truth set at libertie . of all famines , the soul-famine , gospel-famine is the most grievous , threatned as an heavy judgement , amos . , . but a most sweet mercy to feel and taste the accomplishment of that promise , isa. . . though the lord give you the bread of adversitie , and the water of affliction , yet shall not thy teachers be removed into a corner any more , but thine eyes shall see thy teachers . secondly , puritie of true religion , is a good purchase as well as libertie . that we may have an incorrupt religion , without sinfull , without guilefull mixtures ; not a linsey-woolsey religion . all new borne babes will desire {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , pet. . . word-milke , sermon-milke without guile , without adulterating sophistication of it , of which paul glories , cor. . . for we are not as many , which corrupt the word of god : but as of sinceritie , but as of god , in the sight of god speake we in christ . whose zealous care it was , cor. . . to espouse the church of corinth to one husband ( no polygamy in the second marriage ) that he might present them as a chaste virgin unto christ . this he endeavoured by pure gospel means , and by perswading to puritie and singlenesse of heart in the use of those means . the devill is as busie vers. . to corrupt peoples minds from the simplicitie that is in christ ; well knowing the simplicitie that is in christ , is the best rule for the churches conformitie , to this we may subscribe without any checke of conscience . and indeed , what are false religions , but humane compositions . the alcoran compounds mahomets fond devices with some fragments of gods word . popery compounds unwritten traditions most presumptuously with holy scripture ; yea it rakes up heathenish customes , revives old jewish ceremonies which are now mortuae & mortiferae dead and deadly , compounding them with the institutions of christ . you may discerne such mixtures in many errors , about the great mysteries of the gospel , even in every linke of the golden chaine of salvation , rom. . . arminians in the decree of election compound foreseene faith , with the soveraigntie of gods will . in vocation , so compounding mans free-will with gods free grace , that with them in the act of conversion prima causa depends upon secunda , the power of gods grace must wayte upon the concurrence of our good nature . popish doctors doe strangely compound works with faith in the act of justification ; and in glorification , so compound the merits of the saints with the merits of christ , that by a condignitie they become meritorious of eternall life ▪ let the devill affect vaine compositions ; the whore of babylon must paint her wrinckled face with some borrowed beautie , to cover her inward deformities ; christ and his truth , will glory in no vernish so much as native simplicitie and puritie . thirdly , truth must be purchased as well in the power , as in the libertie and puritie of it . there should be such a streame as runs purely without mud , and that in a strong torrent . hypocrites will swarve in the last age , when most gospel-light breaks out , many painted professions will borrow some lustre from it ; this paul foretels , tim. . . in the last dayes together with many streames of wickednesse , there will be a generation of men having a forme of godlinesse , but denying the power of it ; a good description of hypocrisie . but the lord bespeaks power , both in the dispensing and the professing of truth . paul desired to preach in the demonstration of the spirit , and of power , cor. . . as well knowing that the kingdome of god is not in word , but in power , cor. . . it is not wording , but working the power , that will evidence to speaker or hearers , that they are subjects in the kingdome of grace and heires to the kingdome of glory . this paul made an argument of their election , thess. . . that the gospel came not to them in word only , but in power and in the holy ghost ; much power appearing in the dispensation of it , and the thessalonians hearts so fully possessed with the power of the truth , that their carnall principles were confuted , their passions moderated , their lusts mortified , and their self-ends confounded . most men affect in religion , either a dull moderation , or an outside pompe , both enemies to the power of truth . moderation doth better in other things , then in the practise of religion , where there cannot be a nimium . god requires totum cor and totum cordis , the whole heart , and the totalitie of it ; that we should love him with all our heart , with all our soul , and with our strength , luk. . . indeed moderation hath its season , but with calvins caution ; i confesse ( saith he ) there ought to be moderation , yet this i constantly affirme , care must be had , that under pretence of moderation , nothing be tolerated , which proceedeth from the devill or antichrist . neither must we so affect the outward pompe of religion , as to neglect the power of it . hilary his counsell was good , who writing against auxentius bishop of millaine , complained that the arrian faction had confounded all , and therefore admonished all men to take heed , how they suffered themselves to be led with outward appearances . it is not well ( saith he ) that you are in love with walls , that you esteeme the church in respect of houses and buildings , and in , and under those shewes and appearances pretend and urge the name of peace . is there any doubt of antichrists sitting in these places ? this makes popery such a religion as pleases mens eyes , and humours their eares , rather then rectify their mindes , and heale their hearts , because they seeke not so much to purchase the power , as the pompe of religion . having layed open before you the commoditie it self to be purchased ; truth in the libertie , puritie , and power of it ; it s necessary further to enquire into the nature of the purchase , with its price . as all other markets , ordinarily begin at home ; so indeed our trading for truth . the spirit of god , having convinced the heart , how farre it is come short of the glory of god by sin , rom. . . and that men are alienated from the life of god , through the ignorance that is in them , ephes. . . withall , giving the soule an hint and taste of the excellencie and sweetnesse of divine truth , the only soveraigne means of its recovery , it groanes most seriously , and pants most affectionately after acquaintance with the truth and possession of it . and that not only by some cold velleitie , by some dull wishing and woulding ; but by a peremptorie choice ; not by wandring and flashy , but constant and fixed desires ; not by lazie and slothfull , but operative and busie desires ; truth i would have , yea truth i must have , els i am everlastingly undone . affectionate desires , as they live and move in opinions ; so they produce actions , inclining us to take pains for the obtaining of that we would possesse . they adde wings to the soule , making us to flie like busie bees from flower to flower , from ordinance to ordinance , that we may sucke the sweetnesse of truth , which is sweeter then honey , and the droppings of honey combs . the purchase of truth , is carryed on by such an active disposition , as the spouse in the canticles had to enjoy her beloved ; i will rise now and goe about the streets , and in the broad wayes , i will seeke him whom my soule loveth . every buyer of truth , must be willing with little zacheus to get up into any sycomare tree , to take all gospel advantages , to gaine a sight of his saviour , to behold christ who is truth it selfe . truth is an hidden treasure , matth. . . sometimes hidden from us by the difficultie of scripture wherein it is contained , god thereby putting a value upon it , and an edge upon our studies and prayers ; sometimes hidden by differences amongst learned men . law may be clouded by a multitude of booke cases ; and divinitie obscured by a multitude of schoole utrums . many times truth is hidden by the scandalous lives of such as professe it . carnall spectators being much more quick-sighted to apprehend the deformity of religious men , then the beauty of religion it selfe . and too often hidden under great disgrace in the world , being stiled , heresy , schisme , faction . yea religion it selfe accounted the greatest crime . this treasure lies often so deep , you must be content to sweat in digging for it before you can obtaine it . all they who would purchase truth , must not onely be like merchant men seeking goodly pearles ; matth. . . but withall , be able to discerne when they have found a pearle of great price , vers. . to know whether it be a pearle or pibble ; that it is not drosse , but gold bearing the stamp of truth . there is much doubtlesse in that of the apostle paul , col. . . walke in wisdome toward them that are without , redeeming the time . all good merchants must be redeeming time , improving all hints of doing good , of enjoying gods ordinances , wherein you may trade for truth . observe the connexion ; walke wisely towards them that are without , redeeming the time . the church was then under persecuting governors , and vexed with bad neighbours , both enemies to the trade of truth ; yet you must be purchasing ; only wherein walke so wisely towards them without . . that you violate not the peace and puritie of your owne conscience . . that you deface not the stamp of divinitie upon authothoritie . . that by a rigid austeritie you alienate not others from truth . . nor by a complying familiaritie with them in their sins , harden them against the truth . the soule that thirsts after truth , having taken paines , how according to the rules of godly providence , it may be possessed of that it so dearely loves , is now willing to conclude the bargaine by paying the price . solomon here mentions no price , because he would have us buy it at any price . sometimes it may cost us credit , and libertie , as it did the apostles , acts . . sometimes it may cost us the losse of goods , as it did those christians , hebr. . . yea , sometimes life it self , must be the price of truth . we must be content to follow that cloud of witnesses , which appears in that little booke of martyrs , the th chapter to the hebrews , we must write after that heroicall copie which our owne worthies have set us , who sacrificed their dearest lives , to the crueltie of bonners flames , that they might possesse the truth . truth is so precious a jewell , you must never expect to have the markets cheape . the devill at first laid siege against the truths , which were most fundamentall , that so he might have ruined all the buildings ; he would by the subtiltie of ancient hereticks have huckstered up those truths , which concerned the natures and person of christ , this cost very deare , before the foure first councells could settle truth against the hereticks of those times . afterwards , when poperie invaded all the offices of christ ( such a dangerous gangreen is it ) undermining him , as the prophet , as the priest , and as the king of his church , it cost no little blood in england and germanie , to vindicate the doctrine of divine worship , and of the holy sacraments , from such errors as opposed the propheticall and priestly office of christ . that branch of truth about church government and discipline , so much concerning the kingly office of christ , is of rich value , if the markets should rise , we must drive on the bargaine what ever it cost . no price too great for the obtaining such a purchase , to see our deare saviour advanced in all his offices ; as the churches prophet , without being beholden to unwritten traditions ; as the priest of his church , without the satisfactions of any meritmangers , without any purgatorie , any bridewell of the popes making ; as the king of his church , above miters , above canon-laws , or any church usurpations whatsoever . after the discovery of the nature of this purchase and the price of truth , its fit to consider what reasons may engage you all to trade herein ; which are divers , according to the various reference ▪ truth hath to things of high concernment . never expect to have the spirituall and eternall good of your owne immortall souls effectually promoted , unlesse you buy and be possessed of truth . . the word of truth , is the seed by which we are begotten againe , iam. . . yea incorruptible seed , which liveth and abideth for ever , peter . . untill the truth hath delivered us , what are we poore sinners , but an heape of dry bones , so many dead carkases rotting in the grave of corruption . . it is the milke , by which new borne babes are nourished , peter . . by this they grow in the habits , in the degrees , in the exercise of grace . strangers to the truth , like the prodigall , live upon husks , and lay out their money for that which is not bread , isa. . . . naturally , as the sonnes and daughters of adam , we are stained with many spots , steeped in corruption , polluted with filthinesse of flesh and spirit , corinth . . . truth is the water by which we are cleansed , ioh. . . . when we goe groping up and downe in in the darke , exposed to errors , besieged with terrors , truth affoords us direction and consolation , psal. . . . truth is the armour , by which you are defended against your spirituall enemies , and enabled for offensive warre . amongst the sixe peeces of our spirituall armour , three of these have speciall dependance upon the truth . you must have the girdle of truth , ephes. . vers. . beshod with the preparation of the gospell of peace , vers. . and take the sword of the spirit , vers. . . and indeed the word of truth , is the gospell of your salvation , ephesians . . the charter by which the corporation of saints , challengeth such rich priviledges ; the articles of that covenant , which doth entitle them to such blessed hopes . you cannot hope to finde gods gracious acceptance of your service , nor enjoy any soule-refreshing communion with him in the duties of his worship , unlesse truth direct and animate your spirits therein . when david was engaged in a pious and plausible service , in fetching the arke from kiriath-jearim , chronicles . he consulted , vers. , . the people consented , vers. , . there was much confluence and triumph , vers. . the oxen stumbling , vzzah upon a faire pretence , put forth his hand to uphold the arke , yet god would not accept of his faire intention , but smote him that he dyed , vers. . the reason is rendred , chronicles . vers. . because god was not sought after the due order , his truth was not observed , in the carrying of the arke , as vers. . with reference to this story , peter martyr commends it , to the care of queene elizabeth , that church governors endeavour not to carry the arke of the gospell into england , upon the cart of needlesse ceremonies . there are two flyes which marre the most precious pots of oyntment . hypocrisie and superstition , as isaiah . . wherefore the lord said , forasmuch as this people draw neere to me with their mouth , and with their lips doe honour me , but have remooved their heart farre from me , and their feare toward mee is taught by the precept of men . in both a great defect of truth . hypocrisie is lip-labour , and lip-labour is lost labour ; no dutie acceptable without truth of heart in it ; superstitious worship , taught by mens precepts , may be devout enough , yet because it wants the authoritie of gods truth to steere it , how marvellously doth god curse it , vers. . therefore behold , i proceed to doe a marvellous worke amongst this people , a marvellous worke and a wonder : the wisdome of their wise men shall perish , and the understanding of their prudent men shall bee hid . when the devill hath made men superstitious , god will make them foolish , he takes no pleasure in them . the best of our practicall christianitie , even our most solemne addresses to god ( upon such a day as this ) ioose their vigour and blessing , if custome only or formality act us herein , and not conscience to gods truth . what are good christians , but rules of truth , become examples , yea living , walking pictures of divine truth . when the wantonnesse of humane wisdome , will multiply will-worship , and wit-worship , thinking to please god with better devises then his owne , it turnes to grosse folly , and ends in much mischiefe , rather then acceptation . witnesse gideons ephod , iudges . vers. . yea , such men take much paines to loose their labour , and matthew . vers. . in vaine doe they worship god , teaching for doctrine , the commandements of men . never expect the gracious presence of christ in his churches , unlesse you purchase truth , and set it upon the throne , revel. . . he walketh in the middest of the golden candlesticks , whose office it is to hold forth the truth . the beautie and efficacie of church government and discipline , depend upon their conformitie unto divine truth . it must regulate church power , and discipline church administrations , else they will soone loose their lustre and authoritie ; degenerating either into emptie formalitie , or into church tyranny , which of all other is most grievous , because so oppressive to the conscience . hence such uncouth catalogues of church officers amongst the papists : pope , cardinals , &c. hence such swelling volumes of their canon law , because not divine truth , but carnall wisdome drew the platforme . hence so many of our temples , made houses of merchandize , wherein , as in the darknesse of popery , indulgences were , absolutions are bought and sold . yea , hence the sword of excommunication which was wont to be formidable , because drawne with so much solemnitie , is now made contemptible , because so familiarly abused upon trifles ; and all this , because divine truth hath had no more power in our consistories . and this doubtlesse doth much foment the present distractions of the church , that either fancie or affection should put such high claimes upon things , as suddenly to style them institutions of christ , or usurpations of antichrist , not sufficiently consulting with divine truth . if our prelaticall power , and cathedrall pompe , be of divine right , let us see a divine word for it ; what need we such violent arguments to maintaine them , oath upon oath , subscription upon subscription ? let christ himselfe be acknowledged as king in his church , as lord in his house , let the word of truth be our booke of canons , our books of discipline , and then if . paul were our visitour , he would rejoyce to behold our order , as colossians . vers. . yea , then we shall undoubtedly find the broad-seale of heaven , confirming what is done , when we follow the guidance of christ in his owne truth , matth. . , , , . the best way to promote the most publique good of all the churches , is by advancing the trade of truth . this publique counsell should move in the most publique sphaere , seeking good for themselves and others , both at home and abroad . the eyes of all the three kingdomes , yea , of the protestant world are now upon you , expecting much from your influence . you can never contribute fully to the worke , of reformation here , unlesse you set truth at libertie ; neither shall you be so effectually helpfull to all the protestant churches , though you should recover their lands and regaine their territories , unlesse you re-establish their religion , by opening a free trade of truth amongst them . truths advancement is one of gods great designes ; kingdomes are for churches , and churches golden candlesticks to hold forth truth , that therein christ may appeare in his most glorious lustre ; when the banners of truth are universally and victoriously displayed , the kingdomes of this world shall become the kingdomes of our lord , and of his christ , and he shall reigne for ever and ever , revel. . . how came popery to be advanced to so great height , but by suppressing truth ; the mystery of iniquitie wrought in the apostles times ; it went on by steps ; the pope was first antichrist nascent , then antichrist crescent , after antichrist regnant , but when he was made lord of the catholike faith , so that none must beleeve more , nor lesse , nor otherwise then he prescribed , he became autichrist triumphant . the pope is guiltie of the grossest theevery , he robs the sacrament of the cup , the scriptures of their authoritie , and the church of the scriptures ; as theeves blow out the candles , the better to conceale themselves , and carry on their designes ; so he suppresseth , as much as he can , the light of truth , that with more advantage , he may play his pranks , and creepe undiscerned in the darke . if you would lay siege to the devill or popes kingdome , and undermine all the crutches and supporters of it , set truth at libertie . zachary . vers. . the great mountaine of opposition must be moved , not by humane power and might , but by the spirit of the lord of hoasts , not only by his power but by his spirit , because church works must be carryed on in a way of enlightning and revealing the truth . thus the wise providence of god wrought formerly , when a generall councell ( though by many groaned after ) could not be obtained with the consent of the clergy and court of rome , to whom reformation would be a certaine ruine , he stirred up divers heroicall worthies , waldus in france , wickliffe in england , luther in germany , knoxe in scotland , to despise the light of truth ; and revel. . vers. . after the flying angell , having the everlasting gospell to preach unto all that dwell on the earth , then vers . . there follows another angell saying , babylon is fallen . doubtlesse the pope must fall not only by the sword of princes , but by the sword of the spirit , thessalonians . vers. . that wicked one must be revealed , and consumed with the spirit of the lords mouth . if you would have the mystery of iniquitie unmasked , see the popes triple crowne tumble , and the thicke mist of popery vanish , help forward the bright sun-shine of gods word , promote the libertie , puritie , and power of truth . you have had a discovery of some few sprigs , growing upon this first proposition , let us in the application , gather the wholesome fruit which hangs upon them . it is the good hand of god upon us , when so many of our brethren in ireland , are still bleeding under their enemies crueltie , that we are at libertie in this solemne ordinance , to plead with our god for mercie . oh that this day of self-humbling , might be to us in the use of it , according to its nature , a self-searching , or soul-purging day . my commission is , to hold forth the glasse of gods truth before your eyes , that you may may discover your spots and defects . let it be your worke , to reade over your selves , as well as your bibles ; to speake and write retractations of your former errors , and confessions of your miscarriages ( i wish we could all be augustines herein . ) the lord knoweth what volumes many of us might fill , if we were but well studyed in our selves . and together with the long catalogue of all our other sins , our neglect of truth must come in , as having a great influence into the rest : for this we may blush and bleed , yea rivers of teares are too little to bewaile this , that in all our designes , we have so little minded to purchase the libertie , the puritie and power of true religion . adam and eve began to make very bad markets , to sell themselves and posteritie , for the forbidden fruit . prophane esau , sold his birth-right for a messe of pottage , heb. . . how many with absalom , to humour their vain-glory , will set the peace of a kingdome to sale ? how many with haman , to gratifie proud revenge , will set a whole church to sale ? some with iudas , will set up their saviour to sale for thirtie pieces . others with diotrephes ( the first cocke of the game ) that they may fill their sailes with church-pompe , and church-power , will set the keyes of church and ordinances of christ to sale . lay your hands upon your hearts . to be purveyours for your lusts , as the prophane , romanes . vers. . to be merchants for the pope , as the superstitious innovators . to be proctors for the devill , as gospell-opposers , what saith conscience ? is this to buy the truth . give me leave ( honourable and beloved ) to come neerer you , with three plaine queres . i study not alta but apta proferre . have you gotten your owne hearts possessed with the power of the truth ? hath gods word a throne in your consciences , colossians . . let the word of god dwell richly in you . if it dwell there . first , it must intrare , then residere : it must dwell and abide there , exercising a soveraigntie over you , ever drawing open into an humble familiaritie with it . what fruitfull knowledge have you gotten in the mysterie of doctrinall and practicall godlinesse . they who know the grace of god in truth , will bring forth fruit , colossians . vers. . doth the truth of your religion appeare in your relations , in the uniformitie of a gospell conversation ? as phil. . vers. . aske your hearts , whether in all your undertakings you move upon religious grounds , and for religious ends . god doth not onely number , but weigh our actions , and observes not onely what is done , but why it is done . the the word of truth must be our judge ; therefore now let it be our counsellor . it is philpots glosse upon iohn . vers. ( the word that i have spoken shall judge him in the last day ) if the word shall judge us , then much more ought it to be a judge of our doings now . have you set up truth in your owne families ? it is most odious for a minister of christ to flatter , to dawbe with untempered morter at any time ; but most abominable upon a day of humiliation . you reckon your house , your little common-wealth ; by what law is it governed ? doth the word of truth , the scepter of righteousnesse beare sway there ? whence then so much licentiousnesse tolerated in the servants ? so much dissolutenesse in the children ? so much oppression , tyranny , and ( too often ) other wickednesse in your selves , and such distempers in family relations ? psal. . vers. . david would walke in his house with a perfect heart . such as served him , he would either finde them , or make them gods servants . you would have others thinke your houses are churches . what thy house a church to god , and thou a covetous idolater ? thy house a church to god , and thou an uncleane sonne of belial ? what concord hath christ with belial ? what agreement hath the temple of god with idols ? the argument is as strong for magistrates as for ministers , tim. . . if a man know not how to rule his owne house , how shall hee take care of the church of god ? how can you be good reformers both of state and church , unlesse you be first reformers of your selves , and your owne families ? light is a great advantage to an house , especially the light of truth . the father of lights , is not pleased to dwell in a darke habitation , such a corner is fitter for satan , the prince of darknesse . it was a very honourable report , which melancthon giveth of prince anhalt , cubiculum ejus erat , academia , curia , templum ; his bed-chamber was an academie , a court , a temple . the lord gives you a share in this honour . let not your chambers be academies onely , for the advanocment of learning ; or courts , for the daily dispatch of publique affaires ; but temples for the worship of god , and calling upon his name . give the people not onely rules , but examples of reformation . let religion be first advanced in you , it will the sooner bee setled by you . have you imployed and improved your publique interests to help forward the trade of truth , to promote religion in the libertie , puritie , and power of it ? never was any parliament the sonne of so many prayers and teares . never had any a larger share in that blessing of the lord upon ioseph , deut. . vers. . feeling the good will of him that dwelt in the bush , so often burning , yet not consumed . what reciprocall reall love have you expressed unto god , and the cause of his truth . when moses proposed that question , exod. . vers. . who is on the lords side ? the sons of levi gathered themselves together , vers. . and by their zeale , obtained a blessing in moses his catalogue , when their brother simeon was left out , deut. . vers. . we live in shedding , discriminating times , it is a frequent question , quarum partium ? on what side are you ? if this be the question , who is on truths side , what eccho , what answer will you returne , oh you great counsellors ? suppose this day , god and thy conscience held a closet committee , the lord saith , i have put such a rich price into thy hand ; i have betrusted thee with an influence in the grand affaires of the church ? what saith conscience ? what hast thou done ? what wilt thou doe , by speaking , voting , by hand , heart , purse , for the truth ? davids question is most seasonable , chron. . vers. . who is willing to consecrate his service this day unto the lord ? oh that you might returne the same pious answer , with the chiefe of the fathers , and princes of the tribes ; who all offered willingly , vers. . could you finde this fruit upon your self-examination , doubtlesse though you may serve this day in sorrow ( as you ought to doe upon a soul-afflicting day ( in sighes , in groanes , in teares ) yet you shall reape in joy . to engage and quicken your utmost endeavours for the happy purchase of truth . you may please to looke upon your selves ( honourable and beloved ) in a double capacity . first , as merchants , trading for your owne everlasting good . then as publique factors , betrusted with the best good of many hundred thousands . in a merchant or factor there are some speciall requisites , . wisdome . . activity . . resolution . first , wisedome , to discerne both the commodities themselves , and opportunities of trading . the first use of wisdome is to discerne the commodities themselves . religion must not be taken upon trust . faith is gods way to save us , credulity the devils method to undoe us . thess. . . try all things , hold fast that which is good . and by sound knowledge possesse your selves most carefully of such truthes , as are most necessary . those that are fundamentalia in fide , or in praxi , buy them at any rate , but sell them at no rate . there are magnalia , and minutula legis . it will argue much hypocrisie to be substantiall in circumstantiall truthes , and circumstantiall in the substantials of faith and repentance . let us wisely proportion our zeale , according to the nature of the truths themselves . this counsell paul giveth his titus . matters of consequence , he must affirme constantly , but , avoid needlesse questions , tit. . . it were a seasonable improvement of your wisedome and power , to hinder the devils or popes chapmen , from opening their packes of adulterate wares , and to put an high value upon such precious parcels of truth , as have a great influence both into doctrinall and practicall religion . give me leave here in the behalfe of truth , to suggest some briefe hints . first , put in caveats against arminian errours , which doe so extenuate originall sinne , and magnifie the power of nature , that they feed our hereditary disease of pride , and eclipse the glory of gods grace . oh trade for the doctrine of free grace . maintaine the king of heavens prerogative . in the spirituall building , grace laid the first foundation , in gods free , eternall purpose . grace erecteth the wals , yea and addeth the top-stone . eternity will be little enough to admire , to adore , to cry grace , grace ; therefore carefully possesse your selves of this truth against the enemies of grace . secondly , minde the promoting of those truthes which justifie the purity of divine worship , according to gods owne will , against popish and superstitious innovators . there is a bewitching pompe in the out side of popery , which intangleth some . ancient writers used many wanton metaphors , and such a liberty of expression , before the mystery of iniquity was discovered , which deluded others . there is a disposition in all corrupt natures , no lesse to spirituall then bodily fornication . vindicate therefore the second commandement , which papists have expunged , and others so much clouded . where god hath professed himselfe jealous , let us be zealous , of trading for such truthes . thirdly , put a value upon such truthes as discover the dangerous errours of socinianisme , which is no better then a complication of many antient heresies , condemned by ancient councels . a doctrine that undermineth the merit and satisfaction of our saviours death ; that will scarce allow faith to swimme , where reason cannot wade ; that will so farre bring downe religion to reason , that we must beleeve little more in divinity , then we can see in reason . arminianisme gratifieth the pride of will ; popery the pride of outward sense , and socinianisme the pride of carnall reason . fourthly , let truthes for the sanctification of the lords day , be pretious truthes . gods institution of that day , bringeth with it a speciall character of holinesse , and an influence of a peculiar blessing , god hath sanctifyed and blessed it . yea , in the primitive times it was a badge of christianity . when the question was propounded , servasti dominicum ? hast thou kept the lords day ? the answer was , christianus sum , intermittere non possum ; i am a christian , i cannot neglect it . there was no little danger in the anti-sabbatarian doctrine ; seeing upon gods owne day , we professe publiquely our communion with god in his ordinances . then we expect to enjoy the richest influence from him . and if men could dispute away our christian sabbath , we should soone lose the vigour of our practicall religion . god having made it holy by institution , by ordination , let us keepe it holy by observation . the second use of wisdome in factors , is to know and consider their opportunities . ephes. . , . see that ye walke circumspectly not as fooles but as wise , redeeming the time . hierusalem in this was , as unwise , as unhappy , that she knew not the day of her visitation , luk. . , . who did expect such nutus providentiae , hints of divine providence , as god hath afforded to unworthy england in these two last yeares , to repossesse her of that truth which many thought departing ? the philistins had almost taken our arke . our friends , our enemies , our selves , our owne guiltinesse passed a sentence of death upon us . we discovered so many leakes in ships of church and state , as if both were sinking . the tempest was great , our saviour seemed to be asleepe , our onely refuge was to cry , lord save us , we perish , mat. . . the sword hath rid circuit for above twenty yeares in germany ; many candlestickes of truth thence removed ; that paradise almost turned into a wildernesse . poore ireland is in danger to lose that religion they had , with their estates and lives , preachers hanged , professors murdered , bibles burnt , and all with prodigious cruelty and blasphemy , &c. yet sinfull england , like gideons fleece , dry in comparison , when others sleeped in their owne blood . observe , i beseech you , like wise factors , the seasons to trade for the setling true religion . it is true , we are now full of sad distractions ; blacke and bloody clouds beginne to gather ; yet , may not faith ( through them ) spy out the sunne of righteousnesse shining graciously upon unworthy england ? as hag. . . i will shake all nations , and the desire of all nations shall come ; and i will fill this house with glory , saith the lord of hosts . historians report , that about the yeare . when leò the tenth was making some thirty cardinals , there was such a terrible tempest in the church , that shaked the babe out of the virgin maries armes , and the keyes out of saint peters hands , which they interpreted as ominous , and indeed so it proved ; shortly after luther arose , who so much battered the popes power . the sword is already shaken out of our great church-mens hand , by parliamentall power , the keyes doe not hang so fast under their girdle , as they did , &c. we dare not but hope , these are engaging providences of god , earnest-pennies of some great payment yet behinde . oh therefore know , and redeeme your opportunities to trade for truth . activity , to pursue occasions , and follow all advantages . if you would be fully possessed of the knowledge of the truth ; you must seeke for her as for silver , and search for her as for hid treasure , prov. . . by a most unwearyed industry , search every mine . plato calleth merchants , planets , that wander from city to city . you will never trade for truth in good earnest , till you expresse an inquisitive , active disposition , in the cause of religion , knocking at every doore , plying every m●●ket , where you may purchase any acquaintance with the truth . first , goe not onely to the shop of nature , or the schoole of philosophy . the candle which nature affordeth us , is good ; but it will be burnt out before we come to our journeyes end . philosophy may seeke truth , theology findeth it , religion doth possesse it . philosophy is not the field wherein the pearle of truth lyeth , but rather a hedge and ditch about the field , to defend it , from the invasion of subtill disputants . secondly , neither must we seeke truth , onely in the decrees of councells , in the traditions and testimonies of the church . councells are like rivers of water , very profitable , so long as they hold themselves within the compasse of the banckes , but if they swell and overflow ( as too often they have done ) they prove very hurtfull to the field of the church , even to truth it selfe . the councell of constance commeth in with a non obstante against christs institution , with-holding the cup from the sacrament . our faith and truth was at first delivered to the saints , jude ver. . and we hold it still per ecclesiam , though not propter ecclesiam ; by the ministery of the church , though not for the authority of the church , john . . all they who are genuine children of the church , not onely by the mothers side , but by the fathers also , will not onely beleeve as the church beleeveth , but as their heavenly father teacheth them , and because he teacheth them . thirdly , but in searching out for the truth , goe to christ himselfe , who is truth it selfe , john . . jesus saith unto him , i am the way , the truth , and the life . attend upon christ in the use of his word , which is a word of truth , prov. . . blessed is the man that heaneth me , watching daily at my gates , waiting at the posts of my doores . if ever god ripen your councells about a synod , we hope to receive the same direction from you , that constantine the great gave the councell of nice . take the resolution of things in question , out of divinely inspired writings . doe not onely bid us enquire what reformation was in our ▪ josiahs time , king edward the sixth ; nor what in our deborahs dayes , queene elizabeths , ( though we must for ever blesse god for the light that appeared in those times ) doe not onely put us upon inquiry what ignatius said , or what cyprian did ; they must be very wise children who know their fathers faces and writings , after so many of their adversaries scratches . rather bid us give you an account , what luke holdeth forth in his story of the acts of the apostles , what paul intimates in his epistles , that so divine truth may triumph , and we enjoy a scripture reformation . in divine things we may attribute somewhat to antiquity , yet in matters that concerne church pompe , and church power , we must be jealous how we trust the ancient fathers , because ( good men ) they saw the mystery of iniquity but darkely , and at a distance , which wrought strongly , not onely in corrupting doctrine with errours , but divine worship with ceremonies and church government with tyrannicall usurpations . then , and then onely , is truth like to triumph in church-assemblies , when gods word is there advanced . cyrill saith , in a synod at ephesus , upon a high throne in the temple , there lay , sanctum evangelium , the holy gospell , to shew that christ was both present and president there . resolution , to backe a publique factors wise activity ▪ this would make you willing to grapple with difficulties , to expose your selves to troubles and hazzards , and to be at any cost and charges , that you may possesse your selves and the kingdome of the true religion . poore england hath long beene in a travelling condition , felt many bitterpangs , findeth now twins in her wombe , jacobs and esaus , wrastling for the birth-right , high contestations betwixt eliah and baalls priests ; now it is a day of trouble and astonishment : great things are come to the birth , onely there wanteth strength to bring forth . what will you resolve to lay out to possesse this dis-joynted kingdome of the truth ? imagine the casting of the ballance , the composing of all church difference depended upon thee alone , what wouldest thou contribute to purchase truth ? nazianzen put this price upon his athenian , learning ( wherein he was very famous ) that he had something of value to part withall for christ ; oh that you could say the same of your honours and estates , reckoning this the goodnesse of all your good things , that you are enabled to doe good with them in the cause of christ and his truth . it was heroicall zeale in basill , who for his constant and bold defending of the truth against the arian heresie , being threatned death by valens the emperour , answered , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , oh that i might dye for the truth ! i beseech you ( noble worthies ) by the many petitions you have had from men , by the solemne protestations you have made to god , by his wonder-working providence about you , and by the dependance the protestant cause abroad hath upon you , stirre up your resolution in the behalfe of truth . would you have the name of this parliament embalmed with everlasting perfume ? improve your power for the true religion . justifie our magna charta , the grand charter of scripture truthes , that doth entitle us to salvation . confirme unto us our petition of right , establish upon pastors and churches , so much interest in the power and use of the keyes , as the word of truth doth allow them . maintaine amongst us a free course of trading for eternall happinesse , set and keepe open those shops , such pulpits , such mouthes , as any prelaticall usurpations have , or would have , shut up . secure to us not onely liberty of person and estate , but also liberty of conscience from church tyranny , that we be not pinched with ensnaring oathes , clogged with multiplyed subscriptions , or needlesse impositions , which will rather increase then compose distractions . together with priviledges of parliament , let us have church-priviledges vindicated , helpe us to purge out that old leaven , whether of doctrine , of disposition , or persons , that we may have sacraments more purely administred , according to the rule of truth ; let us be sure of this militia , inviolably setled , the sword of the spirit , which is the word of god , ephes. . . guard that magazine , wherein are laid up the weapons of our warfare , that are mighty through god , to the pulling downe of strong holds , cor. . . so shall we be put into a good posture for reformation . act undaunted resolution , in the prosecution of these religious designes , then may you confidently expect christs glorious and gracious presence amongst you . luther would assure you thereof , where the word of christ doth raigne , saith he , there are the eyes of christ fixed on the holy professors of truth , but where the word of man reigneth , although there were as many popes , as there be leaves in the wood , and as many card●nals , as graines of corne , &c. as many bishops , as drops of water in the sea , and all of them glittering in gold and jewels , gemmati , purpurati , mulati , & asinati , to maintaine their owne lawes , yet are christs eyes turned away from them . truth , though it must be bought ; yet it may not be sold . the wisedome of scripture directs us to severall purchases , isai. . . every thirsty soule is invited to come and buy waters , wine , and milke ; seeke to christ upon his termes , for variety of sweet soulemercies ; rev. . . we are counselled to buy of christ , gold tryed in the fire , the pure graces of gods spirit , and the purity of ordinances ; ephes. . . we must be redeeming the time , not only taking opportunities of doing and receiving good when they are offered , and seeking them when they are wanting , but buying them at any price . and indeed christians should be chapmen to buy , rather then salemen to sell . we are commanded to buy , that we may possesse , the end of this possession is use ; what spirituall commodities we have purchased , we must improve for god and our soules , but not alienate them from our selves . there are three sorts of hucksters will be ready to engrosse the truth from you , if you be willing to sell it . malignant persecutors , are engrossing huckesters , who watch to interrupt the liberty of the truth . these , even as jannes and jambres withstood moses , resist the truth , men of corrupt mindes , reprobates concerning the faith , tim. . . and indeed , therefore resist the truth , because their mindes are so corrupt . such the apostle cals {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , absurd , men , thess. . . men compact of meere incongruities , solaecising in opinion , speeches , actions , and whole life , yea unreasonable men , for all men have not faith , ver. . religion is the highest reason , nothing more irrationall then irreligion . from such spirits arose those conspiracies against the apostle , endevouring to scotch the charriot-wheeles of truth , when they began first to move . no sooner did steven plead for truth , but some were suborned against him ▪ act. . . no sooner did saul beginne to preach the truth , but opposers began to consult to kill him , act. . . though not long before he had beene a busie apparitor and pursevant , to arrest the saints , and dragge them to their high-commission , act. . . [ a strange and suddaine change in them , as well as in him . ] origen saith of the devils ; no greater torment to them , then to see men addicted to the scriptures . the same temper of spirit appeares in the devils agents upon the killing of the witnesses , rev. . . they that dwelt upon the earth shall rejoyce over them , and make merry , and shall send gifts one to another , because these two prophets tormented them that dwell on the earth ; and therefore they will adventure peace of conscience , and hope of heaven , yea , the whole stocke upon it , that they may buy up truth out of the churches hands ; and sometimes malice rises to such an height , that even in england the bible must be burnt , as strange doctrine . seducing heretickes , whose endevour is to corrupt the purity of truth . the great apostasy from the faith , tim. . . is brought about by giving heed to seducing spirits . the pope hath many emissaries abroad , who joyne with the devill , studying a method of soule-deceiving , and truth-betraying . compare ephe. . . {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , with ephes. . . {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , you shall find the devill and deceivers artificially methodizing their snares to draw us from the truth , pet. . ▪ false teachers have alwayes practised to bring in damnable heresies . the beginnings of grosse errours may be modest ; yea , the foulest heresies may at first appeare with faire faces . the serpent creepes into the paradise of the church by degrees : as cor. . . his plot is to corrupt peoples mindes , from the simplicity that is in christ ; first , he will puzzle them with a question , as he did eve , put a command of god , a knowne truth to be disputed , then helpe them to mint some distinctions , ( which are not alwayes so happy in divinity as in philosophy ) thereby to relieve and helpe in an error . and here it may be observed , though these men have the same designe with malignant persecutors , to engrosse the truth , yet cunningly they will buy it up by parcels , that they may be the lesse discerned . they will trade first in names , then in things , first habituate us to call our ministers priests , our communion tables , altars , before they impose superstitious gestures . this was the rhemists straine of policy . let us keepe our old words , and wee shall easily keepe our old faith . this graduall huckstering up the purity of truth , is most cleare in image worship . at first , images and pictures of saints were used in private , for memory , history , or ornament onely ; afterwards with like colour of pretence brought into the church in gregories dayes , yet with expresse prohibition of worshipping them ; afterward the second synod of nice enjoynes it , though more modestly , and respectively onely in regard of that which they represent ; but since the councell of trent , it 's risen to grosse idolatry . neutrall politicians , who will be buying truth out of our hands , by formalizing and enervating the power of it , till at last they leave us an heartlesse and saplesse religion . among the lawes of solon , there was one which thundred against such , who in a civill uproare amongst the citizens , sit still as neutrall spectators . it were happy for the church , if there were a more strict course taken against all lukewarme machivillians , who by their neutrality undermine religion ; of this straine was jeroboam , that grand politician , who created to himselfe a state religion ; out of love to his crowne , he set up golden calves , he hindred the people from going to worship god at jerusalem , lest they should turne againe unto their lord , unto rehoboam king of judah . worldly wise men , as they are time-servers , so they are selfe-servers , and whatsoever become of christ and his truth , selfe shall be advanced into the throne ; such mens heads over-match their hearts , their policy out-runneth their religion ; when the glory of christ and his gospell come in competition with their selfe ends , selfe shall first be gratifyed ; most unlike to paul , who phil. . . {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , stood as it were on up-to , looking earnestly after the magnifying of christ , what-ever became of himselfe , whether in his life , or in 〈◊〉 death . i may produce three reasons to fortify you against felling truth to any hucksters . truth is in it selfe a precious jewell , of most incomparable worth , gained into the possession of the churches , not without much difficulty ; and therefore cannot without great disparagement to its excellency , and to the zeale of others , be alienated and chaffered away . gospell truth at first cost the blood of christ , then watered with the blood of many martyrs , which made it throng up so plentifully . it is observeable , the church hath beene seldome fully possessed of any grand truth , without much debate , without some bloody sufferings . how deare did it cost athanasius to justifie the divinity of christ , against the arians ? and shall we suffer any of that kindred to buy it againe out of our hands ▪ how couragiously did augustine rescue the doctrine of grace , from the pelagians hands , whom he cals the enemies of grace ? and shall we suffer it to be betrayed to their brethren the arminians ! how farre did luther hazzard himselfe , to advance justification by faith in christ ? it is a grosse shame that sweete truth should be lost in the language of any innovators , who will have workes to concurre in eodem genere cause , to share equally with faith in the very act of justifying . many of our ancient worthies , like wisedomes children , matth. . . set themselves to justifie wisedome ; they have endevoured with much sweat , and many teares , yea , with their dearest lives , to settle the churches land-markes by evidence of scripture arguments , and to bound the truth by decrees of councels ; we must not prodigally dispossesse our selves of such a treasure . we reape the fruite of our reformers zeale , who bestirred themselves so much against popish altars , and other church usurpations for the purging of religion in england . god forbid , that we should sell for trifles , what they possessed us of with so much difficulty . it concernes us rather to concurre with them , yea , to promote their beginnings with all our might , that we may have such churches , such officers , such election and ordination , such jurisdiction , such exercise of church power , and all such administrations as are most agreeable to the truth . truth is the churches talent ; committed to her trust , and therefore must not be sold . trust being a strong obligation to fidelity . upon this ground the apostle , jude ver. . exhorts christians to contend earnestly for the faith , once delivered to the saints . you must never expect another edition of the faith , ( god reserved that solemne change from jewish to evangelicall worship , for the inauguration of his sonne ) zealously strive for this faith you have , against all opposition . in that knowne place , so much abused by papists , tim. . . the church of ephesus ( this cannot be appropriated to the church of rome ) is the pillar and ground of truth . not a pillar to uphold , but to hold forth truth , not so much {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , the seate of truth ; every pure church being a depository of truth , where it is to be found , as the candle in the candlesticke . all the fonnes of wisedome have a share in that of paul to timothy , tim. . . o timothy keepe that which is committed to thy trust . this made the primitive worthies so conscientiously zealous in the cause of truth ; and that not onely of many truthes , but even of formes of speeches , of syllables , yea of letters . the difference betwixt the councell of nice and arius , was but in a letter , whether {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . the controversie whereupon the greeke and latine churches broke , touching the proceeding of the holy ghost , depended upon two prepositions , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} and {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . the monstrous heresie of nestorius lay but in one poore letter , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , when he would not gratifie the church therein , as cyrill desired him , many bishops rose up against him , so religious were they , that that they would not exchange a letter , or syllable of the faith , wherewith their saviour had betrusted them . selling truth is the worst , the most undoing trade ; it sets to sale both gods glory , and your owne salvation , being it opens a doore to both extreames in religion , to prophanenesse , and to superstition . the schoole of christ is indeed a schoole of affection , and of action , but first of knowledge ; we must have science before we shall make conscience of our wayes . this makes the god of this world , the devill , bestirre himselfe to blinde peoples mindes , lest the light of the glorious gospell of christ should shine into them : he well knew that darknesse of mind , betrayes us to workes of darknesse . when men walke in the darke , they know not at what they stumble , prov. . . they will stumble at christ himselfe , at the strictnesse and purity of his wayes , and soone plunge themselves into the grossest wickednesse . in a synod at london anselme forbad priests marriage in england , and in the next yeare were discovered a great company of sodomites amongst them . such is the wofull fruit of selling truth , which would be a spur , quickning to good , and a bridle restraining from evill . it is no wonder to find such treacherous practices amongst the papists , their erroneous doctrines open the sluces unto them . upon a sleight confession of sinne , they may receive a cheape absolution , and thereby are emboldned to renue the commission of it . that taxa poenitentiaria , amongst the papists , that low rate which is put upon the greatest sinnes in the popes custome house ; so contrary to the word of truth , rom. . . the wages of sinne is death , encourages people to the greatest prophannesse . ignorance of the truth is a fruitefull mother and helpefull nurse , both to prophanenesse of practice , and to superstition in devotion . see it at athens , act. . , . there they were fondly superstitious , where their altar had this inscription , to the unknowne god . aquinas attributes the inchoation of idolatry it selfe , to the inordi●acy of our affection , and our ignorance of the true god . whence came superstition so much to swarme in the darke ages of the church ? because they neglected the word of truth , and followed tradi●ions . hence it is observed that learning and religion have falne and risen together . when the light of truth hath beene eclipsed , by the decay of learning ; the heate of religion hath much declined . the weedes of superstition , sponte nascuntur , will grow of their owne accord in darke corners ; as having advantage of the soile , so much connaturallnesse to peoples corrupt hearts . the popes chaplaines need not take much pains to teach ignorant soules to be superstitious ; if orthodoxe preachers of the truth be but suspended , we shall soone have reason to complaine with that great man in the councell of lateran ; piety is almost sunke into superstition . beware of expressing any indulgence unto such , or holding any complyance with them that sell the truth . the whole tribe of benjamin came to be extinguished , except about sixe hundred , onely for countenancing a few sonnes of beliall in gibeah , who had abused a levites wife , judg. . and . chap. christ was angry with some of the churches , not onely for being active in evill , but passive of evill , rev. . . . the wisedome of this great councell hath beene inquisitive after monopolists , or any that encroach upon the common-wealth . give me leave to discover an unhappy church-confederacy , whereby truth hath beene shamefully sold in many places . there are foure sorts of persons , herein deepely engaged . first , scandalous apostate professors of the truth , who alienate the truth from themselves , and alienate the mindes of others from the truth . they make the word of god blasphemed , tit. . . such are described with blacke characters by jude verse , . these are spots in your feasts of charity , when they feast with you , feeding themselves without feare ; clouds they are without water , carryed about of windes ; trees whose fruite withereth , without fruite , twice dead , plucked up by the rootes ; raging waves of the sea , foming out their owne shame , wandring starres , to whom is reserved the blacknesse of darkenesse for ever . they are employed in evill workes , and they receive answerable wages . what unhappy markets such carnall gospellers make for the truth , you may read in many stories ; amongst the rest , an american noble-man , being perswaded to embrace the christian religion , demanded , first , what place was ordained for such as were baptized ? answer was made , heaven , and its joyes . secondly , what place for them who were not baptized ; answer was returned , hell , and its torments . thirdly , which of these places was allotted for the spanyards , it was answered heaven ; whereupon he renounced his intended baptisme , protesting he would rather goe to hell with the unbaptized , then be in heaven with the spaniards . many fall out implacably with the truth , because they finde many professors such unsavory salt . secondly , ignorant and vicious ministers . some even idoll priests , like the idols of the heathen , the worke of mens hands , they have mouthes but they speake not ; eyes have they but they see not ; they have eares but they heare not , neither is there any breath in their mouthes ; they that make them are like unto them , so is every one that trusteth in them , psalm . . , , , . and indeed it is too often true , like priest , like people , ier. . . such a creature is not to be found in christs catalogue , who gave some apostles , prophets , evangelists , pastors , teachers . no prince ever sent dumbe embassadors . bernard reckoneth up these foure as strange things , speculator caecus , praecursor claudus , praeco mutus , doctor inscius ; a blinde watchman , a lame harbinger , a dumbe cryer , an ignorant teacher ; and indeed a minister of a vicious life , though not grossely ignorant , is as dangerous an enemy to true religion , if not sometimes worse , as not barely with-holding , but corrupting and perverting truth , like elymas the sorcerer , act. . . yea like eli his sonnes , sam. . . who made the offerings of the lord to be abhorred ; their ungodly lives are often such confutations of their owne and other mens sermons , that many thereby are hardned against the truth , ezek. . . the destroying angell was to beginne at the sanctuary , and there , too often , beginnes prophanenesse . there hath beene long expectation , as there is indeed great need , of a parliament visitation ; to finde out those chapmen , who will sell gods truth , peoples soules , church-purity with state-liberty , for the satisfaction of their lusts . thirdly , such prelates as ordaine or support these ignorant and vicious ministers , i appeale to you , what grosse betrayers of truth they are . how happy had it beene for the church in england , if they who pretend to succeed timothy , had walked by that rule which paul commended to him , tim. . . lay hands suddenly on no man ? but alas ! many are aposcopi , rather then episcopi , as espencaeas , by-seers , rather then over-seers ; hence such swarmes in the church of backe-friends unto truth . if you enquire when so many grosse deformities crept into the church , damasus will tell you ; even then when the bishops put over the care and performance of church affaires to others , that they might take their owne ease ; like harlots that put out their owne children to be nursed by others , that themselves in the meane time might satisfie their lusts ; by such remissenesse truth was much smothered , with a multitude of weedes , that overgrew the church . fourthly , selfe-seeking patrons are many times deepely accessary to the betraying of truth , in presenting most unworthy ministers . the lord knoweth how many are so farre from considering the concurring consent of judicious christians ( which was much valued in primitive times ) that they neglect their trust for the good of others , and their own soules . they will obtrude , too often , one of jeroboams priests , one of the lowest of the people , kings . . they would not chuse a cooke to dresse their meate , that were like to poyson them ; nor a physitian ( though a kinsman ) which would probably kill them ; but , too often , preferre a dawbing chaplaine , that will comply with their covetous , or licentious humour , though in the meane time the people be betrayed , and the truth be sold . will you please to consider what a sad meeting this unhappy fraternity will have at the day of judgment , if still they persist in truth-betraying . scandalous professors , will curse their wicked ministers , whose examples poysoned them . wicked ministers , will cry woe , woe upon such prelates , who were indulgent to their unworthinesse ; and doubtlesse the prelates will be as ready to complaine of many patrons , who first made the livings scandalous by withholding maintenance , and then by importunity thrust a scandalous minister upon them . oh let it now appeare , that you will not suffer religion to be betrayed by the least indulgence to any of these evils . consider what sigismond the emperour said in the councell of constance , where the councell pretended to make a reformation ; one stood up and said the reformation must beginne at the fryer minorites ; no , said the emperour , non à minoritis , sed à majoritis incipiendum est , let reformation reach patron , and prelate , as well as minister and people . if you would discourage scandalous livers , suppresse scandalous ministers ; if you would prevent a succession of them , regulate the power of the keyes , tooke to ordination and jurisdiction : though your bill against scandalous ministers were ripened and executed , yet if the doore of admission into the church , continue as large as now it is , the next age will swarme againe with the like drones . and for the truthes sake , that you may silence all clamours , as if reformation would discourage learning , and undoe the church , make good your owne orders . for the support of an able ministery ; let patrons and others deny themselves , to raise a sufficient and certaine maintenance , at least open a vent to others pietie and charity , who will concurre with you , to afford oyle for burning and shining lampes , by reviving the hopeful designe of the feoff●es , or what other wayes , your zealous wisdome shall suggest . a great civilian telleth us how church-maintenance came to be appropriated to the cloysters of monkes , and how such lands as they held , in sundry parishes , were freed from the payment of tithes to the ministers thereof ; namely , it sprang from this roote , they insinuated that preaching was not so necessary for the salvation of mens soules , as their praying , in their religious houses ; preaching , they said , breedeth schisme , disputes in religion , &c. it lyeth as a blot upon them , that by their undervaluing preaching , many congregations were robbed of their ministers maintenance , let it be your honour , who have expressed such a high esteeme of preaching , to endevour the re-endowing those places with such meanes , as may encourage faithfull witnesses unto the truth . to awaken your compassionate affection towards many persons and places , where truth is chaffered away ; religion is a riddle , a paradox , yea , a reproach among them . we should appeare this day , as publique mourners , laying to heart , not onely personall , but state evills , even parliament sinnes . is not this just matter of griefe , that in so many former parliaments , the liberty , the purity , and the power of religion hath beene so much neglected ? ancient lawes have established church pompe , power , dignity , and revenues ; these are twisted into the severall statutes , as if they would put in a politicke caveat against after alterations , without shaking the very foundation , which is now one of the great objections against reformation . yea , how much hath truth suffered by the indulgence that old parliament lawes have expressed to non-residency , pluralities , and insufficiency of ministers . it hath beene enough if legit ut , clericus ; if he can say the confession in latine , he must be betrusted with soules . allow something to the necessity of these darker times ; yet now the very reason of such being altered , god forbid that truth should any longer be betrayed by an unwarrantable latitude . oh pity your many thousands of expecting petitioners , who have had many yeares of sad sabbaths , and sit downe still in much sorrow , complaining for want of truth . you may heare their groanings in the words of the prophet jeremiah , chap. . . is there no balme in gilead ? is there no physitian there ? why then is not the health of the daughter of my people recovered ? what ? cannot , will not , the parliament heale us ? it was a strange and dolefull vision that ezekiel had from god at hierusalem , when he saw so many sinfull spectacles ; an image of jealousy , baals idoll , ezek. . v. . then , a company of grave ancient men , every one in the chamber of his imagery , ver. , . the jewish high-commission , according to some , in those times deepely corrupted ; poore women weeping for tammuz , ver. . weeping for the death of osiris , king of egypt , and idolatrously adoring his image , which isis his wife had advanced ; and worships towards the sunne , ver. . would it please you in your serious thoughts , to runne over this church , this kingdome , you might see in many places such objects , that your eyes would much affect your hearts . though in all abominations , wee doe not runne parallell with hierusalem , in ezekiels vision , yet such wofull fruites of truth-selling , and truth-betraying , as may stirre up your affection , and awaken your parliament actions . first , cast your compassionate eyes upon the schooles of the prophets , the churches nurseries . doe not petitions informe you that divers have there chaffered away truth for errors ; were whitaker and reinolds then in vivis , doubtlesse they would blush to see bellarmine and arminius justified by many , rather then confuted . if no chambers of imagery be there , yet are there not some chappels , polluted rather then adorned with images , altars , and crucifixes . if no worshipping of the sunne there , yet doe not too many pleade for , and practise , an ungrounded worshiping toward the east ? it cannot be thought unnaturalnesse in a sonne to represent the distempers of his mother , to a colledge of physitians especially when the experience of the deepe infection , which some of your beloved sonnes got there , of the corruption of judgements , prophanenesse and superstition of practise , which many of your ministers brought thence , will witnesse the same , that truth hath beene shamefully betrayed , by too many in the universities . munster reporteth , that the jewes were banished out of many countryes of christendome , principally for poysoning springs and fountaines . all friends to truth had need pray that god would either remove or heale such as have poysoned the schooles of the prophets , the fountaines of the land . our hopes are that god will put upon you ( noble senators ) the spirit of elisha , and helpe you to cast into those waters , such salt , that the waters be healed , that there be not from thence any more barrennesse , or causing to miscarry , king. . , . in exod. . , , . when the people were come to marah , they could not drinke the waters , for they were bitter , and murmured aga●nst moses , saying , what shall we drinke ? ver. . the lord shewed him a tree , which when he had cast into the waters , the waters were made sweete , plant , and uphold wholesome lectures , in the pulpit , as well as in the chaire , ( a service worthy of the wisdome and power of a parliament . ) such trees will sweeten the waters there , and drop such fruite , as will much promote the trade of truth abroad . how many living stones , yea how many builders did famous perkins hew , by preaching a lecture in cambridge ? many children and fathers begotten by his ministery in a few yeares , to the great advancement of the truth . secondly , behold with the same compassion , cathedrall churches , and the wofull effects of selling the truth in too many of them ; the strange vestures and gestures , images , &c. in some of their quires , intimating too much affinity with those chambers of imagery , in their abominations , mentioned ezek. . , , . former reformations left such nettles growing there , that have since unhappily seeded many other churches ; yea , left so much dust , not onely behinde the doore , but even in the very quire , as hath beene easily blowne about into many corners . they glory in being called the mother churches , but they have too often proved step-dames to their daughters , engrossing the maintenance , that should provide the word of truth for their soules . what pity is it that cathedrall societies , which might have beene colledges of learned presbyters , for the feeding and ruling city churches , and petty academies , to prepare pastours for neighbour places , should be so often sanctuaries for non-residents , and be made nurceries to many such drones , who can neither preach nor pray , otherwise then reade , say , or sing their prayers ; and in the meane time truth much obscured in a non-edifying pompe of ceremonious service . it was a notable designe of those bishops at bononia , that gave pope julius the third this very counsell , how to establish the roman religion ; let the people ( say they ) have pompous prayers , images , tapers , organs , and divers musicall instruments in their temples ; these are things with which the people are much delighted , and being taken up with these , they almost forget that doctrine which is so destructive to us . let your compassion move you to counter-worke all such plots ; as church-deformers sought to corrupt cities , and places of confluence ; so let those that professe themselves church-reformers , when the harvest is greatest , expresse the greatest care to send forth most faithfull labourers for the truth , matth. . , . this were to resemble your saviour . thirdly , behold with weeping eyes the many hundreds of congregations , in the kingdome , where millions of soules are like to perish for want of vision ; truth is sold from amongst them , either by soule-betraying-non-residents , soule-poysoning-innovators , or soule-pining-dry-nurses . in too many places the very image of jealousie , the idoll of the masse is set up , yea , the comedy of the masse acted , because there wanteth the light of truth to discover the wickednesse and folly of it . do not some of you that live on the welch coasts ; cry out with your neighbours , woe is me that i sojourne in meseck , and that i dwell in the tents of kedar , psalm . . . doe not some of you inhabit the north parts , where you may complaine ( in the word of nicholas clemang . pag. . ) how many priests came to their benefices , not from the schooles , and their study , but from the ploughes , and servile occupations , which could neither reade , nor understand latine ? where in many miles , not a minister that can {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , and {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , preach , and live , sermons . i wish every parliament-man had a map of the soule-misery of the most of the ten thousand churches and chappels in england ; i hope it would draw forth your compassions , and stirre up your endevours to rescue truth out of their hands , who would sell it , and set up the trade of truth in poore darke countries . had i the favour to preferre a petition unto you in the name of universities , chiefe cities , country congregations , yea , the whole kingdome , and were sure of a propitious eare from you , i would summe up all in this clause , in this one breath : improve your power to helpe forward the word of truth , that it may runne and be glorifyed . this would maintaine love and loyalty to our soveraigne . where hath he most hearty prayers , but where truth most prevailes ? this would teach men to justifie the power , and comply with the authority of parliaments . who have more undermined and maligned parliaments , then such ministers as first betrayed truth ? this is the way ( if any ) to reduce seduced papists . humane lawes will pinch their purses . send divine truth amongst them , that may satisfie their consciences . this is the most soveraigne meanes to compose church-differences . why doe we contend ? ( saith augustine ) are we not brethren ? our father dyed not intestate , let his will be publiquely produced , and all men will be quiet . this is the best way to make the reformation thorow and lasting , because this would engage the peoples hearts . chron. . , . jehosaphat did that which was right in the sight of the lord ; howbeit the high places were not taken away ; for as yet the people had not prepared their hearts unto the god of their fathers . josiah , a good king , did much , yet because the peoples spirits were not wrought to concurre with him , the worke soone vanished , and gods judgements brake in upon them . goe on , therefore ( honourable worthies ) improving your influence to prevent the selling of truth . first , provide that every congregation may have an able trumpet of truth . secondly , especially let great townes , places of confluence , have lectures , markets of truth . thirdly , afford any faithfull paul and barnabas incouragement , yea , power , if sergius paulus desire to heare the word of god , to goe and preach , though elymas the sorcerer should be unwilling ; such ambulatory exercises have brought both light and heate into darke and cold corners . fourthly , what if there were some evangelicall , itinerant preachers , sent abroad upon a publique stocke to enlighten darke countries ? thus might you reape glorious fruits of all your counsels , teares , prayers , and paines , in seeing dagon fall downe before the arke of truth . i have endevoured , ( though in much weaknesse ) with words of truth and sobernesse , to plead the cause of truth . i must end as an importunate sollicitor : o sell not the true religion upon any termes . much of my rhetoricke to perswade you is within you . i speake to your selfe-love , as you are men ; to your conscience , as you are christians ; to your wisedome , as you are states-men ; to your honours , as you are noble : be alwayes buying , but never selling the truth . england hath had an happy taste of your zeale for truth , and against the corrupters and betrayers of the true religion . the lord from heaven hath appeared mightily for you , when you appeared much for him in the cause of truth . god forbid that ever this parliament should lose any of it's first love to religion , and the reformation of it , then may you expect to drinke of solomons bitter cup , the lord was angry with solomon , because his heart was turned from the lord god of israel , which had appeared to him twice . god forbid that rhehum the chancellor and shimshai the scribe , should outstrip zerubbabel ; that tobiah and sanballat , should outbid nehemiah in any cause of god . rather let the malignancy of malignant opposers enflame your zeale for the truth . o that we could now all close this day of humiliation , with the proper worke of the day , covenanting with our god , making it our sealing day ; nehem. . . at a solemne fast , princes , priests and levites , did make a sure covenant , write and seale unto it . let us this day , not onely give earnest , for the purchasing of truth , by the fixed purposes of our hearts , but even give as it were hands and seales , that we will never sell the liberty , purity , or power , of religion upon any termes . w●ll you please to these particulars ? first , that you will not sell truth out of carnall feares ; you have a good 〈…〉 it , rev. . , . {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , he that is over-comming , not he that hath overcome , shall inherit all things , and i will be his god , and he shall be my sonne , but the fearefull and unbeleeving shall have their part in the lake that burneth with fire and brimstone . read over the story of francis spira with trembling , who out of such feare betrayed the truth . after he had gon to venice to the popes legate , with whom , out of carnall feare , he complyed , craving pardon of him , and yeelding to recant that religion he had publickely prosessed ; when he returned to his house , he could not rest an houre , no not a minute , nor feele any ease of his continuall anguish ; from that night he was much terrifyed with horror , and as he confesseth , he saw plainely before his eyes all the torments of hell and the damned ; and in his foule did heare the fearefull sentence , being drawne before the judgement seate of christ . hold fast the truth , let faith triumph over feares . if peter will deny and forsweare his master , at best he must returne by weeping crosse : many are irrecoverably smitten with that thunderbolt from the lord , heb. . . if any one draw backe , my soule shall have no pleasure in him . secondly , that you will not sell truth for your own private advantages . it was a wretched carriage in demetrius , and his fraternity , who out of love to their owne gaine , did combine and consult how they might undermine and betray the truth . sirs , ye know that by this craft we have our wealth ; this made them so zealous for their diana ; and so fierce against the gospell ; if truth doe prevaile , diana must downe , and then farewell their profit . resolve rather to resemble moses then demetrius , who , heb. . . chose rather to suffer affliction with the people of god , then enjoy the pleasures of sin for a season . his faith did so rightly enforme his judgement , that he counted the reproaches of christ , ( which seeme the bitterest thing in christianity ) greater riches then the treasures in egypt , ver. . how much did he then preferre the consolations , which come by religion , before all worldly excellencies ? such a spirit was in luther , who when he was offered to be cardinall , if he would be quiet , replyed , no , not if i might be pope . he had an holy scorne to be put off from his religious designes , by such withering petty things . thirdly , sell not truth for politicke state ends . when you come to settle religion doe not deale onely like politicians , but like christians . worldly wisedome in the things of god is a rule too short , too crooked , too partiall , yea foolishnesse with god . ieroboam would play the politician in religion , he sold the true worship of god for his state ends , and for ever inherits this as a blot upon his name , king. . . because of the sins of jerohoam which he sinned , and which he made israel to sin , by his provocation wherwith he provoked the lord god of israel to anger . most renowned was the zeale of king edward the sixth for the truth , when upon reasons of state he was pressed by cranmer and ridley , to give way to the masse ; he refused it with so much resolution , with so many teares , that they acknowledged he had more divinity in his little finger then both they . in things about meum & tuum , that concerne our owne interest , we may be more liberall , but in church affaires the word of truth must guide us . it is not in our power quicquam hic aliis dare , aut in aliorum gratiam deflectere ; we may not therein gratify one another . fourthly , sell not truth for pretences of church peace ▪ i confesse the name of peace smels very sweete ; and now especially ( in the midst of such church distractions and such wantonnesse of opinions ) were to be purchased at any rate , except with the losse of truth ; it is a most lovely sight to see unity of peace imbrace unity of faith ; to behold the household of faith , the family of love ; o that we could all observe the present breaches with the same affectons that augustine did the differences betwixt hierome and ruffine . woe is me that i cannot find you both together , i would fall downe at your feete , with much love and many teares i would beseech you for your selves , and for one another , and for weake christians for whom christ dyed , that you suffer not these dissentions to spread , &c. but , in the meane time , we must not be such reconcilers , as to bring in a samaritan religion , an interim , an uncomfortable mixture . we must not receive babylonish inmates into the lords house . light and darknesse , truth and error , will never long dwell quietly together . fifthly , sell not truth for the pompe of humane ceremonies . admit that ceremonies were first let into the church , with the faire intention of the guiders and leaders ; and entertayned by the credulity of well-meaning people , before the mystery of iniquity was much knowne ; yet since , being so superstitiously abused by the pope and his party , and so rigidly pressed , for the upholding the pompe of prelacy , with no small disadvantage to the truth ; let us part with them , rather then sell any sparke of truth for them . never say they are ancient . jesus christ is my antiquity , saith ignatius . we must look for antiquity of institution not onely of custome . never say , they are indifferent . if indifferent onely , and not expedient , they may the better be spared . others will say , our doctrine takes off the scandall of the ceremonies . however , better have the stumbling blocke removed out of the way , then to have a monitor appointed to give you warning of it , he may fall asleepe , and then you are in danger . many tender consciences wish the same successe about our ceremonies , that was in king edward the sixth his dayes , about the images . some people contending for one image , others for another , gave occasion , that the king tooke downe all . who knoweth whether god hath called you to this parliament to accomplish this amongst other services ? if you doe fully come off , to give in your hands , your hearts , yoursealing actions , that you will not upon any termes sell the truth , as you tread in good hezekiahs steps , i doubt not but the lord will crowne your piety and paines with his diadem , chron. . , . thus did hezekiah throughout all judah , and wrought that which was good and right , and truth before the lord his god , and in every worke that he began in the service of the house of god , and in the law , and in the commandements to seeke his god , he did it with all his heart and prospered . finis . notes, typically marginal, from the original text notes for div a e- inveniar sanè suberbus &c. modò impit silcutii non arguar dum dominus patititur . luth. ep. ad staup. ier. ▪ . aug. ep. . isa. . . tim. . . sam. . , . hollinsh . in hen. . gal. . . king. . . pet. . . tim. . . notes for div a e- hierom. in eccles. cornel. a l●p . in prov. argum. {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , sive dignitates , hae doctrinae quae suo merito vitae nostrae veluti dominae & moderatrices esse debent , cartwr . parts of the text . . proposition . explication . . libertie of truth must be bought . thess. . . revel. . . acts . . . puritie of truth must be bought . purum est plenum sui & immixtum alieni . quot supererunt mixturae ex hominum ingenio prolatae , toridem extabunt pollutiones quae homines distrabant à certo eorum usu , quae dominus in corum salutem instituerat . calv. ep. prot. angl. totalis & adaequata regula est scriptura & traditio simul . traditio parem habet autoritatem scripturae , becan . . power of truth must be bought . hypocrisis est signum sine signato . fateor quidem moderation ●ocum esse oportere , sed non mi●us constanter offirmo videndum esse ne sub illo praetextu toleretur q●●cquam quod à satanâ vel antichristo prefectum sit . calv. ep. prot. angl. hilarius contra aux●ntium . male vos parietum amor cepit ; malè ecclesiam dei in tectis aedificusque veneramini ; malè sub his pacis nomen ingeatur ; annè ambiguum est in iis antichristum sessurum ? purchase of truth . . begins in desires after it . scientia visut , and gustus . isa. . . . luk. . . . prov. . . . promoted by diligence . psal. . . cant. . . luk. . , . c. sej●s bonus vir , sed christianus . . managed by prudence . . transacted by paction . haec optima commutatio , da res tuas ut acquiras veritatem ; non alienabis à te veritatem , ut acquiras res altas . cajet. truth seldom bought upon cheap tearmes . confirmation . . reason . . reason . p. martyr . ep. . regni . eliz. . reason . gladius ecclesiae venerandâ raritate formidabilis . petr. de alliaco . . reason . thess. . . see crakanthorp of the fift generall councell , chap. . application . . vse . self-examination . . quere . concerning the persons . . quere . concerning your families . ephes. . . cor. . , . delicata res est spiritus dei . . quaere . concerning the publique . use . exhortation . three requisites in a factor requisite , wisdome . . maximis dissidiis non sunt minores istae redimendae veritates . acontius de st. sat. . . . . exod. . . ezek. . . . opportunitas est maximum talentum . judg. . . requisite , activity . veritatem philosophia quaerit , theologia invenit , religio possidet . p. mirand. clem. alexand. licet christus post caenam institue rit & suis discipulis administraverit sub utraque specie panis et vini hoc venerabile sacramentum ; tamen hoc non obstante sacrorum canonum autoritas , & approbata consuetudo ecclesiae servavit & servat . caranza sum . concil. sess. . autoritas ecclesiae est autoritas numeris , non jurisdictionis . camer. ego sum via , quae ad veritatem duco ; ego sum veritas , quae vitam promitto ; ego sum vita , quam do . bernard . {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} requisite , resolution . chron. . . lu●her de abrog. . miss . privat . proposition . three sorts of of hucksters . . sort of hucksters of truth . qui {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} faciunt , quae minime conventunt . pisc. acts . & . ch. origen , num. hom . in hoc corum omnis flamma est , in hoc uruntur incendio . tanquan doctrina peregrina . sort of hucksters of truth . rhem. test . tim. . . bellarm. de imag. sanct. l. . c. . sort of hucksters of truth . plut. in vita solon king. . . . reason . niltam certum quam quod post dubium certum . reason . rom. . . {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} not sensu architectonico but forensi . reason . selling truth opens a doore , to prophanenesse . alsted . a●n● . . to superstition . traditiones pontificiorum sunt pandectae errorum et superstitionum . chemnit . u●e of caution . sorts accessary to the selling of truth . scandalous professors . ignorant and vitious ministe● ephe. . . bernard . prelates supporting ignorant & vitious ministers . field . on chap. l. . c. ● . selfe-seeking pations . plebs ipsa maxime habet potestatem , vel eligendi dignos sacerdotes , vel recusandi indignos : quod & ipsum videmus de divina autoritate descendere . cyp. ep. sir tho. rid. view of civill law . part . c. . sect. . vse of direction . ezek. ● . polan in locum . . multitudine levissimarum seremoniarum pene est extincta pietas et vis spiritus sancti . gerson . hae●●uus quibus vulgus praecipue del●ctatus , et quo●●● gratia doctrinam ●llam quae ●ol●s 〈◊〉 est fere obliv●●itu● . p. . . missae comoedia in p. martyr . thes. . . contra pontificies pa●um ●●gibus aut libris profici , quousque firmum etidoneum ministerium in ecclesiis constitutum fuerit . whitak . . . . act. . . . vse of dehortation . kings . matth. . , act. . , . cor. . . calv. epist. prot . angl. eph . . he●●nth● , qui vos 〈◊〉 simul inventre non possum . aug. ep. . king. . {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . ignat. epi. ad philad. quid si vel pigri vel non satis attenti sint monitores , vel frustra plerosque moneant ? beza , ep. . grindal . anno . ester . ▪ die mercurii, [o] octobr. . resolves of parliament, concerning rates for composition of delinquents. england and wales. parliament. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) die mercurii, [o] octobr. . resolves of parliament, concerning rates for composition of delinquents. england and wales. parliament. sheet ([ ] p.) printed by edward husband and john field, printers to the parliament of england, london : . signed: hen: scobell, cleric. parliamenti. the bracketed "o" in the title is in superscript on the t.p. reproductions of the originals in the british library and the harvard university library. eng taxation -- england -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no die mercurii, ⁰ octobr. . resolves of parliament, concerning rates for composition of delinquents. the house this day, according to for england and wales. parliament. c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - elspeth healey sampled and proofread - elspeth healey text and markup reviewed and edited - pfs batch review (qc) and xml conversion die mercurii , o octobr. . resolves of parliament , concerning rates for composition of delinquents . the house this day , according to former order , proceeded in the debate of the report made from the committee of the army touching delinquents : resolved upon the question by the parliament , that all such delinquents whose compositions having been set , have not paid in all or any part thereof at the times limited , and for non-payment have incurred the penalties formerly imposed , and shall pay in their whole fines , or such part thereof as yet remains unpaid , with interest for the same since the time the same should have been paid ; viz. all such whose habitations are within fourscore miles of london , before the tenth day of november next ensuing ; and all other at a greater distance , before the four and twentieth day of november aforesaid , shall be discharged from the said penalties : and the commissioners for compounding with delinquents , are ordered to return to the parliament , or such as they shall appoint to receive the same , the names of all such delinquents as shall not within the respective days herein before limited , pay in the whole fine imposed on them , with interest as aforesaid , in order to the speedy sale of their estates . resolved , that for the enabling such delinquents to perfect their compositions as are willing to compound , the said commissioners be impowered , if it shall appear to the said commissioners that a delinquent is not able to raise his fine without sale of some part of his estate , to give a full discharge to such reasonable proportion of the estate as they shall think fit to give way to the sale of , towards the raising of such fine as is or shall be imposed , so as the residue of his estate shall be lyable to make good any forfeiture which the delinquent shall incur by undervaluing any part of the estate compounded for ; provided license be obtained from the said commissioners , and the fines paid within the times limited by means of such sale . resolved , that all such delinquents , who upon the setting of their fines have had saving to certain parts of their estates , under several pretences , that the said estates were litigious , shall have liberty to compound for such part of their estates so saved and reserved , at the same rate and value that they compounded for the other part of their estates , if they shall perfect the same within the times limited ; viz. all such delinquents as are inhabiting within eighty miles of london , before the tenth day of november next ensuing , and all others further distant before the four and twentieth of november aforesaid ; and in default thereof , the estate of any person or persons so saved or reserved , shall be lyable to be sold as the lands of other delinquents uncompounded for , unless the commissioners for compositions , &c. shall upon good cause shewn give further time for such saving or reservations to continue . resolved , that all such delinquents , whose compositions have been set , as shall within the respective times before mentioned discover to the said commissioners any part of their estate , which at the time of their composition was under-valued or concealed , & ought to havebeen compounded for ( shal in such case where no information is depending , or judgement given ) be admitted to compound for such part of his or their estate so under-valued or concealed as aforesaid , according to the rates and proportions at which they did formerly compound , so as they pay in their whole moneys before the four and twentieth day of november next ensuing ; and that all such delinquent against whom any information is depending or judgement given , or who shall be discovered by information of any other person then themselves within the times before limited , shall be admitted to compound at the rates and proportions following ; viz. every person who hath formerly compounded at a tenth part of their estates , shal● compound at a full sixth part of what is so undervalued or omitted ; every person who hath compounded formerly at a sixth part , shall pay one full third part ; and all such who formerly did compound at a third , shall pay one full moyety of what is concealed or under-valued respectively , according to the present rules for compositions so as the said persons do pay the whole fines to be imposed upon such omissions or under-valuations before the said four and twentieth of november . ordered by the parliament , that these votes be forthwith printed and published ; and that it be referred to the commissioners for compounding , to take care the same be sent to the sheriffs in the respective counties , who are enjoyned and required immediately after receipt thereof , to publish the same , or cause them to be published in all cities boroughs and market-towns , and affixed and set up in the places accustomed . hen : scobell , cleric . parliamenti . london , printed by edward husband and john field , printers to the parliament of england , . by the council of state appointed by authority of parliament. england and wales. council of state. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) by the council of state appointed by authority of parliament. england and wales. council of state. sheet ([ ] p.) by printed [sic] henry hills for him, giles calvert, and thomas brewster, printers to the council of state, london : mdcliii. [ ] dated and signed at end: . day of october . signed by command of the council of state, john thurloe secr. reproduction of the original in the british library. eng merchant mariners -- great britain -- early works to . great britain -- politics and government -- - -- early works to . great britain -- history, naval -- th century -- early works to . a r (thomason .f. [ ]). civilwar no by the council of state appointed by authority of parliament. england and wales. council of state. a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - elspeth healey sampled and proofread - elspeth healey text and markup reviewed and edited - pfs batch review (qc) and xml conversion by the council of state appointed by authority of parliament . whereas for the encouragement of sea-men , a considerable augmentation hath been made of their wages , and seasonable provision for such of them as have been sick , or wounded , and due consideration had of the wives , children , and impotent parents of all officers and sea-men that have been slain in the present service , as also their months gratuity , and wages fully paid them upon comming in of the respective ships in which they have served , notwithstanding all which , and the extraordinary care that hath been taken by the state from time to time for their encouragement , divers sea-men , and others , did on the . and . daies of this instant october , in a mutinous and seditious manner , assemble together in numerous companies , with pistols , swords , and other weapons , on the tower-hill , at charing cross , and other places in and about the cities of london and westminster , to the disturbance of the publick peace ; now to the end that such practises for the future may be prevented , which we have too much cause to believe have been animated and fomented by discontented and ill affected persons , and that others in time to come may not be seduced to their own ruin , we do hereby declare , that exemplary justice shall be inflicted upon the chief authors or king-leaders in this mutiny and sedition , some of which are now under custody ; and do straitly charge and command , that no mariners , sea-men , or other persons whatsoever , upon pain of death , do presume to assemble together in a mutinous or seditious manner , or any waies countenance or abet such mutiny or sedition . and we do further declare , that a speedy course shall be taken for the adjusting and payment of the money due to the sea-men for their shares of prizes , and that all due encouragement ( which shall hereafter be particularly expressed ) shall be given to such as shall voluntarily engage themselves in this present service . dated at white-hall , this . day of october . signed by command of the council of state , john thurloe secr. london , by printed henry hills for him , giles calvert , and thomas brewster , printers to the council of state , mdcliii . love, kindness, and due respect, by way of warning to the parliament of the common-wealth of england, that they may not neglect to the great opportunity now put into their hands, for the redemption and freedom of these oppressed nations, whom the lord hath once more appeared to deliver, and hath profered his loving kindness in overturning, overturning [sic] the powers of darkness, that truth and righteousness in the earth might be established, and sions people sing and shout for joy. from a servant of the lord, who hath born in his testimente for the lord in the day of apostacy, and hath been a sufferer for the testimonie of a good conscience, by oppressors, under the name of a quaker. j. hodgson. hodgson, john, d. . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing h thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) love, kindness, and due respect, by way of warning to the parliament of the common-wealth of england, that they may not neglect to the great opportunity now put into their hands, for the redemption and freedom of these oppressed nations, whom the lord hath once more appeared to deliver, and hath profered his loving kindness in overturning, overturning [sic] the powers of darkness, that truth and righteousness in the earth might be established, and sions people sing and shout for joy. from a servant of the lord, who hath born in his testimente for the lord in the day of apostacy, and hath been a sufferer for the testimonie of a good conscience, by oppressors, under the name of a quaker. j. hodgson. hodgson, john, d. . [i.e. ] p. printed for giles calvert, london : . p. misnumbered . annotation on thomason copy: "june ". reproduction of the original in the british library. eng england and wales. -- parliament -- early works to . great britain -- politics and government -- - -- early works to . great britain -- history -- commonwealth and protectorate, - -- early works to . a r (thomason e _ ). civilwar no love, kindness, and due respect, by way of warning to the parliament of the common-wealth of england,: that they may not neglect to the gre hodgson, john a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - scott lepisto sampled and proofread - scott lepisto text and markup reviewed and edited - pfs batch review (qc) and xml conversion love , kindness , and due respect , by way of warning to the parliament of the common-wealth of england , that they may not neglect the great opportunity now put into their hands , for the redemption and freedom of these oppressed nations , whom the lord hath once more appeared to deliver , and hath profered his loving kindness in overturning , overturning the powers of darkness , that truth and righteousness in the earth might be established , and sions people sing and shout for joy . from a servant of the lord , who hath born his testimonie for the lord in the day of apostacy , and hath been a sufferer for the testimonie of a good conscience , by oppressors , under the name of a quaker . j. hodgson . london , printed for giles calvert . . a warning to the parliament of england . friends , the lord god hath committed the authority of these nation to you , and hath wonderfully overturned many , that you might again come up , and be tried , as he hath tried many before you , and they have been as chaff before the winde , and hath not answered the end for which the lord intrusted them ; and therefore did his displeasure wax hot against them , for departing from him and loosing their way , in the dark in going about to root out that in the earth , and from amongst them which had been their defence in time of trouble , and the rock of their safety in their greatest straights ; and because they would not hearken to the lords voice to chuse his waies and walk therein , but grew hardned through the deceitfulness of sin , slighted the lords warnings till he overturned them , that you might once more be tried ; now therefore beware what you do , and tempt not god as they did , nor provoke not the lord to wrath against you , by doing that towards his beloved people , for which the lord will not hold you or them giltless : take heed how you grieve the spirit of the lord , by standing up to vindicate that which is for destruction : oh , that you were so wise as to take the lords counsel , then would you exceed all that has been before you ; but alas , alas ! are not you already beginning to plead for those things which even those before you pleaded for , honour and respect to your persons , as if men were altogether uncapable for the service of their country , that cannot bow , swear , and give respect to persons , although in all things else duly qualified ; if this you do will you not thereby exclude the lords people , your best and surest friends , out of your assemblies , because they cannot swear , respect persons , and say theo and thou to a single person ; know ye not that they that respect persons and gay cloathing commit sin , jam. . , , , , . and they that bow to the creature , be it flesh , gold , silver , or precious stones , or any other thing above or under the earth , bows not to the invisible god , but to the creature , and so worships the creature more then the creator , ro. . . unto whom every knee should bow both in heaven and in earth . oh how do the streets of every city abound with gross idolatry , bending cringing and bowing even to the ground to one anothers images , the creatures of god , and workmanship of their own hands , decking one another with gold and costly apparel , thereby to be bowed to , respected and honoured of men . oh how is the spirit of the lord hereby grieved , because of these and other abominations ? and how shamefully and barbarously have the people of god suffered in this nation of late years , because they could not run with the world into all manner of excess and wickedness ; and especially because they could not so much idolize mens persons , and worship the beasts image , as was required of them ? therefore were they hailed , imprisoned , and grievously fined , and for other things accounted offences , where no known law was broke , did they suffer as hainous transgressors , the like of which in ages past can scarcely be paralleld ( and this from persons who call themselves christians . ) consider with your selves and examine well whether creatures persons , or visible substances , celestial or terrestial bodys , though never so glorious , or that unclean spirit , that adores and worships them more then the creator , be to be bowed to , or the invisible power , by which all things were made that are ; o that of god in you i appeal for answer . if then the power or name be that to which every knee or thing in heaven and earth must or ought to bend , phil. . . then they whose souls are hereto made subject , worship the lord in spirit , and cannot worship the workmanship of mens hands , nor yet mens persons , but commit sin , and yet can truly honour all men in the lord , for the lords sake so now come to rule in the authority and power of god , that in the lord we may you honour , and be cautions at what you stumble , that truth and righteousness may be cherished , and all deceit and wickedness quite discouraged : take heed to your selves , least in the steps of those that went before you , you be found ( with whom the lord was displeased ) and broke to pieces ; think not to your selves you shall be established , if you be found hindring the lords work ; for except your righteousness exceed the righteousness of those that was before you ( whose mercy was cruelty ) you shall not escape the vengeance ; the lord will not be mocked by you , who make mention of his name ; what you sow that shall you reap ; and if examples to these nations , you stand in all righteousness , meekness , justice and mercy , and every good work , a blessing to them shall you be , for want of which the world hath abounded with all manner of wickedness , because the governours thereof was out of the lords fear , and abounded in folly , and was examples in pride , and encouragers of the wicked in every place , even like unto those the lord god cast out before them , imitating their heathenish waies and customes ; yea , and those same things that they cried out of in the zeal of their spirits , when they grew great , did they again establish , and thereby grievously vexed the righteous , and became persecutors of those who could not bow to their apostacy , and for this cause the lord did not establish nor bless them , because their hearts was darkned , and they given up to believe lies : god hath tried them , and they are fallen as example to you , that you may not sin as they did ; therefore be wise and quit your selves like men , that you may be honoured in doing that which all before you hitherto have refused to do ; consider the great oppression of the filthy proceedings of the laws of this nation , and the vexatious covetous lawyers , who make merchandize of men for moneys , who with others sell their filthy lies at to dear a rate , to the undoing of many ; and consider the oppression of the ministry of england , and their forced maintenance , the suffering of the lords people from themward , hath been cruelty without mercy , as hundreds can witness ; and consider well of the hard measure the lords people have received from many that are and have been in authority in this nation , because they could not put off their hats , swear , lie , and for going to their peaceable meetings , with other things too tedious here to mention . be counseled oh ye rulers , and be wise oh ye magistrates , least as others you be overturned ; if you do well happy shall you be , and are joycing to those hearts , whom others before you by oppression have sadned , and you even you shall be established in much peace , and all before you , as you abide in the lords power , shall fall ; but if you will not hearken to the lords voice , to do that which is well pleasing in his sight , to do justice and love mercie , and walk humbly with our god , but neglect the opportunity put into your hands , negligently & slightly do the worke of the lord , then shall you likewise be overturned , the lord god of hoasts hath spoken it , and the lord our god shall dash to pieces as a potters vessel , all who are hinderers of his work , that he may rule , whose right it is . i have herein discharged my self before the lord , whether you hear or forbear i am clear in his sight , and according to your work , so shall be your reward . j. h. finis . the petition of right of the free-holders and free-men of the kingdom of england: humbly presented to the lords and commons (their representatives and substitutes) from whom they expect a speedy and satisfactory answer, as their undoubted liberty and birth-right. prynne, william, - . this text is an enriched version of the tcp digital transcription a of text in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing p thomason e _ this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) the petition of right of the free-holders and free-men of the kingdom of england: humbly presented to the lords and commons (their representatives and substitutes) from whom they expect a speedy and satisfactory answer, as their undoubted liberty and birth-right. prynne, william, - . , [ ] p. s.n.], [london : printed in the year, . attributed to william prynne. place of publication from wing. annotations on thomason copy: "jan. th. "; the " " in the imprint date has been crossed out. reproduction of the original in the british library. eng england and wales. -- parliament -- early works to . great britain -- politics and government -- - -- early works to . a (thomason e _ ). civilwar no the petition of right of the free-holders and free-men of the kingdom of england:: humbly presented to the lords and commons (their represe prynne, william c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - angela berkley sampled and proofread - angela berkley text and markup reviewed and edited - pfs batch review (qc) and xml conversion the petition of right of the free-holders and free-men of the kingdom of england : humbly presented to the lords and commons ( their representatives and substitutes ) from whom they expect a speedy and satisfactory answer , as their undoubted liberty and birth-right . printed in the year , . the petition of right of the free-holders and free-men of the kingdom of england in all humbleness shew unto the lords and commons now in parliament assembled ; that whereas the lords spiritual and temporal , and commons in parliament assembled , in the third year of his majesties reign , that now is , did , in their most famous petition of right , among other things , claim these ensuing , as their and our undubitable rights and liberties , according to the laws and statutes of this realm , viz. that no free-man in england should be compelled to contribute to make or yeeld any gift , loan or benevolence , tax , tallage , or other such like charge , without common consent by act of parliament . that no free-man may be taken or imprisoned , or disseised of his free-hold , or liberties , or free customs , or be out-lawed or exiled , or in any manner destroyed , or be adjudged to death , but by the lawful judgment of his peers by the law of the land , and due process of law . that the quartering of soldiers and mariners in any freemens houses against their wils , and compelling them to receive them , is against the laws and customs of this realm , and a great grievance and vexation of the people ; [ notwithstanding the commons in this present parliament , in their remonstrance of the state of the kingdom , decemb. . published to all the kingdom : that the charging of the kingdom with billeted soldiers ( complained of in the petition of right , as aforesaid ) and the concommitant design of german horse , that the land might either submit with fear , or be inforced with rigor to such arbitrary contribvtions , as should be required of them ; was a product and effect of the jesuited councels , of iesuites , papists , prelates , courtiers and counsellors , for private ends . and therefore not to be approved or endured in themselves , or in any officers or soldiers under their command , raised purposely to defend , and not invade our just rights and properties , especially since the wars determination in this realm , since they desire in that remonstrance , that all sheriffs , iustices , and other officers be sworn to the due execution of the petition of right , and those laws which concern the subject in his liberty . ] and that all commissioners for the executing and putting of men to death by martial law , ( except only in armies in time of war ) are wholy and directly contrary to the laws and statutes of this realm . and did in their said petition grievously complain , that by means of divers commissions , directed to sundry commissioners in several counties , his majesties people have been , in divers places , assembled and required to lend certain sums of money to his majesty ( pretended for the publick safety ) and many of them , upon their refusal so to do , have had an oath tendred to them , not warrantable by the laws and statutes of this realm , and been constrained to become bound to make appearance and give attendance before the privy councel and in other places , and other of them have been therefore imprisoned , censured and sundry other ways molested and disquieted , and divers other charges have been layd and levyed on the people in several counties by lord lieutenants , deputy lieutenants , commissioners for ministers , justices of peace , and others against the laws and free customs of this realm . and that divers subjects have of late been imprisoned without any cause , or any just or lawful cause shewn ; and when for their deliverance they were brought before his majesties justices by writs of habeat corpora , there to undergo and receive as the court should order , and their keepers commanded to certifie the causes of their detainer , no cause was certified , but that they were detained by his majesties special command , signified by the lords of his privy councel , and yet were returned back to several prisons without being charged with any thing , to which they might make answer according to the law . and that of late great companies of soldiers and mariners have been dispersed into divers counties of the realm , and the inhabitants , against their wils , have been compelled to receive them into their houses , and there to suffer them to sojourn against the laws and customs of this realm to the great grievance and vexation of the people . and that divers commissions under the great seal had been granted to proceed according to martial law against soldiers , mariners and others , by colour and pretext whereof some of his maiesties subiects had been illegally put to death and executed . and also sundry grievous offendors , by colour thereof , claiming an exemption have escaped the punishments due to them by the laws and statutes of this realm , by reason that divers officers and ministers of justice have uniustly refused or forborn to proceed against such offendors according to the said laws and statutes , upon pretence that the said offenders were punishable by martial law , and by authority of such commissions , as aforesaid . and therefore they did then in their said petition most humbly pray his most excellent maiesty , that no man hereafter be compelled to make or yeeld any gift , loan , benevolence , tax or such like charge , without common consent by act of parliament . and that none be called to make answer , or take such oath , or to give attendance , or be censured , or otherwise molested or disquieted concerning the same , or the refusal thereof . and that no free-man , in any such manner , as is before mentioned , be imprisoned or detained . and that his maiesty would be pleased to remove the said soldiers and mariners , and that his people may not be so burthened in time to come . and that the foresaid commissions for proceeding by martial law may be revoked , recalled and annulled . and that hereafter , no commissions of the like nature may issue forth to any person or persons whatsoever , to be executed as aforesaid ; lest by colour of them any of his maiesties subiects be destroyed or put to death , contrary to the laws and franchises of the land . all which they then most humbly prayed of his maiesty , as their rights and liberties , according to the laws and statutes of this realm . and that his majesty also would vouchsafe to declare , that all the awards , doings and proceedings to the preiudice of his people , in any of the premises , shal not be drawn hereafter into consequence or example . to all which the king then fully condescended , and gave this royal answer in parliament ; let right be done as is desired . these undoubted rights , franchises and liberties , and that our knights and burgesses ought to enioy their ancient priviledges and freedom , and to be present at all binding votes and ordinances , we do here claim and challenge as our birth-right and inheritance , not only from his maiesty , but from both the houses of parliament now sitting , who have in sundry printed remonstrances , declarations and protestations , and in the solemn league and covenant , oft times promised and seriously vowed and covenanted , in the presence of almighty god , inviolably to maintain and preserve the same , and to bring the infringers of them to condign and exemplary punishment , and have engaged all the wel-affected free-born people of england , by like solemn protestations , leagues and covenants , to maintain and defend the same with their lives and estates : and therefore we at this present not only humbly desire but also require both the said houses and every member of them , even in point of justice , right , duty and conscience , not of favor or indulgence , inviolably , without the least diminution , to maintain , defend and preserve these our hereditary rights and liberties , intailed on us and our posterities by so many statutes , confirmed and ratified by such a multitude of late declarations , protestations , remonstrances , vows and solemn covenants , wherein they have mutually engaged us together with themselves , and for the preservation wherof against the kings malignant counsellors , and forces , and party , ( now totally subdued ) have of late years put us and the whole kingdom to such a vast expence of treasure and gallant english blood : and likewise pray their publick declaration against , and exemplary justice upon the present open professed invaders and infringers of them , in a more superlative degree then ever heretofore . for not to enumerate the manifold encroachments on , and violations of these our undoubted priviledges , rights and franchises , by members , committees , and all servants , of persons military and civil imployed by both houses , during the late uncivil wars , occasioned the inevitable law of pure necessity , all which we desire may be buried in perpetual oblivion , we cannot but with weeping eys & bleeding hearts , complain & remonstrat to your honors : that contrary to these undoubted rights ; priviledges and franchises ; many of us who have always stood wel-affected to the parliament , and done and suffered much for it , have partly through the power , malice and false suggestions , either of some members of both houses who have born a particular speen against us , but principally through the malice and oppression of divers city and country-committees , governors , officers , souldiers and agents imployed by parliamentary authority , been most injuriously and illegally imprisoned , sequestered , plundered , put out of our offices , benefices , livings , lands , free-holds , enforced to send divers sums of money without any act or ordinance , to take unlawful oaths , enter into bonds to make appearance , and give attendance upon severall persons and committees , both in the country , london , westminster , and other places , for divers moneths together , and have been confined , restrained , and sundry other ways oppressed , molested and disquieted , and utterly ruined ; of which when we have complayned to the houses , we can find either no redress at all , or such slender and slow relief , as is as bad or worse then none at all . and when we have sought our enlargement from our unjust imprisonments in a legal way , by writs of habeas corpora , in the kings courts ; our keepers have either refused to obey them , or to certifie the causes of our detainer , or else have certified generally , that we were detained by order or command of one or both houses , or of some committees or members of parliament , whereupon we have been remended to our respective prisons , without being charged with any particular offence , to which we might make answer according to law : and if we seek to right our selves against those who have thus unjustly and maliciously imprisoned , oppressed , plundered and disseised us of our free-holds , lands and goods , by actions of false imprisonment , trespass , trover , assise , or the like at the common law , which is our birthright ; these members and their servants , who have injured and ruined us , plead exemption from our suits , by reason of their priviledges , so as we neither can nor dare to sue them ; and committee-men and others , when we sue them for any injuries , trespasses or oppressions by land or sea , plead the ordinances of indempnity , to justifie their most unjust and exorvitant actions , warranted by no law nor ordinance whatsoever , and by colour thereof stay both our judgments and executions at law , after verdicts given against them for our relief ; and force us to travail from all parts of the kingdom unto westminster , and there to dance attendance upon committees of indempnity , and the like , for many weeks and moneths , til they enforce us to spend , more then the dammages we justly recovered , and to release our just actions and executions , at the last , contrary to our just rights and priviledges , the expres● letter of magna charta ; we will deny , we wil deferr right and justice to no man ; and to the very purport of the ordinances of indempnity , which never intended to exempt any committees or other officers , agents , souldiers or sea-men imployed by the houses from any unjust or injurious actions done out of private malice , or for private ends , or lucre , without , besides , or against all ordinances , or from any gross abuses of their power and trust to the peoples prejudice and oppression ( all which are now patronized and maintained by pretext thereof ) but only to secure them from unjust vexations and suits , for what they sincerely acted for the publike good , according to their trust and duties . and which is yet more sad and dolefull , the very greatest malignants , who have been most active against the parliament , and for our good affections and service to it , have burnt down much of our houses , seized upon our goods and estates , imprisoned , beaten , wounded and mained our persons , imposed heavy taxes on us , indicted us of high treason for bearing armes in the parliaments defence , and enriched themselves with our spoyles and estates ; by colour of the articles of oxford , exeter , winchester , and the like : exempt themselves from our actions and arrests , stay our judgments and executions after our expence , in suits and recoveries at the law , when we have received not one quarter of the damages we sustained by them , by verdict and tryall ; and summon us from all parts of the kingdom , to appear and wait for divers weeks before the committe of complaints at westminster , to our intolerable vexation and expence , where they find more friends and favour commonly then we , and force us to release both our damages and costs of suit to our utter undoing : the very extremity both of injustice and ungratitude , which makes malignants to insult and triumph over us , out of whose estates we wer by divers remonstrances and declarations of both houses , promised full satisfaction for all our losses and sufferings in the parliaments cause ; who are now on the contrary thus strangely protected against our just suits against them , for our sufferings by them , and are promised a general act of indempnity and oblivion ( as we hear ) to secure themselves for ever against us , whom they have quite undone ; which if obtained , wil break all honest mens herats , and discourage them ever hereafter , to act or suffer any thing for the parliament , who insteed of recompencing them for their losses and sufferings , according to promise and justice in a parliamentary way , do even against magna charta it self , and all justice and conscience , thus cut them off from all means and hopes of recompence or relief in a legall way , and put cavaleers into a far better and safe condition , then the faithfulest and most suffering parliamenteers , a very ingrate and unkind requital . besides we cannot but with deepest grief of soul and spirit complain , that contrary to these our undoubted rights and priviledges , many of our faithfullest knights and burgesses , whom we duly chose to consult and vote for us in parliament , have through the malice , practise and violence of divers mutinous and rebellious souldiers in the army ; and some of their confederates in the house , without our privity or consents , or without any just or legal cause , for their very fidelity to their country , for things spoken , done and voted in the houses , maintaining the priviledges of parliaments and opposing the armies late mutinous , rebellious , treasonable and seditious practises , been most falsly aspersed , slandered , impeached , and forced to desert the house and kingdom too ; others of them arrested and stayed by the army , and their officers , without any warrant or authority : others of them suspended the house before any charge and proofs against them ; others expelled the house , and imprisoned in an arbitrary and illegal manner , when most of the members were forced thence by the armies violence , without any just cause at all , or any witnesses legally examined face to face , and without admitting them to make their just defence as they desired : and that divers lords and members of the house of peers have likewise been impeached of high treason , sequestred that house , and committed to custody , only for residing constantly in the house , and acting in , and as an house of parliament , ( for which to impeach them of treason , is no lesse then treason , and so resolved in the parliaments of . r. . & . h. . in the case of tresilian and his companions ) when others who dis-honorably deserted the house , and retired to the mutinous army , then in professed disobedience to , and opposition against both houses , are not so much as questioned ; and all this by meer design and confederacy , to weaken the presbyterians and honest party in both houses , which were far the greatest number , and enable the independent faction , to vote and carry what they pleased in both houses ; who by this machivilian policy and power of the army ( under whose guard and power , the king , both houses , city , tower , country have been in bondage for some moneths last past ) have extraordinarily advanced their designs , and done what they pleased without any publike opposition , to the endangering of all our liberties and estates . nay more then this , we must of necessity remonstrate , 〈◊〉 the representative body of the kingdom , and both house of parliament , by their late seditious and rebellious army , have not only been divers ways menaced , affronted , disobeyed , but like wise over-awed , and enforced to retract and null divers of their just votes , declarations and ordinances against their judgments and wills , to passe new votes , orders and ordinances sent and presented to them by the army , to grant what demands , and release what dangerous prisoners they desired of them ; to declare themselves no parliament , and the acts , orders and ordinances passed in one or both houses , from the of july , to the of august meer nullities , during the speakers absence in the army , by a publike ordinance then layd aside by the major votes , and at last enforced to passe by a party of one thousand horse ( a far greater force then that of the apprentices ) drawn up into hide-park to over-awe the houses , because the generall and army , had voted them no parliament , and their proceedings null . since which they have in their printed treasonable remonstrance of the th of august , not only protested and declared against the members vote● and proceedings of both houses , both during the speakers absence and since , but likewise thus traiterously and rebelliously close up their remonstrance with this protest and declaration to all the world . p. . . that if any of those members , who during the absence of the speakers , and the rest of the members of both houses , did sit or vote in the a pretended houses then continuing at westminster , that hereafter intrude themselves to sit in parliament , before they have given satisfaction to the b respective houses whereof they are ▪ concerning the ground of their said sitting at westminster , during the absence of the said speakers , and shall have acquitted themselves by sufficient evidence ; that they did not procure nor give their consent unto any of those pretended votes , orders or ordinances , tending to the c raising and levying of a war ( 〈◊〉 is before ( falsly ) declared ) or for the kings coming forth with to london ; we cannot any longer svffer the same ; but shal do that right to the speakers and members of both houses who were * driven away to us , & to our selves with them d all whom the said members have endeavoured in an hostile manner to destroy ) and also to the kingdom , ( which they endeavoured to embroyle in a new war ) 〈◊〉 to take some speedy and effectual course * whereby to restrain them from being their own and ovrs and the kingdoms ivdges , in these things wherein they have made themselves e parties , and by this means to make war ; that both they and others who are guilty of and parties to the aforesaid treasonable and destructive practises and proceedings against the freedom of parliament and peace of the kingdom , may be brought to condign punishment , ( and that ) at the judgment of a free parliament , consisting ( duly and properly ) of such f members of both houses respectively , who stand clear from such apparant and treasonable breach as is before expressed : since which , they have in their general councel at putney and in their printed papers , voted down the house of peers and their negative votes , prescribed the period of this present parliament , and a new model for the beginning , ending , members and priviledges of all succeeding parliaments received and answered many publick petitions presented to them , and voted and resolved upon the question the greatest affairs of state , as if they only were the parliament and superior councel both of state and war ; voted the sale of bishops ▪ deans and chapters , and forrest lands for the payment of their ( supposed ) arrears , notwithstanding the commons votes to the contrary after sundry large debates ; voted against the houses sending propositions to the king ; to prevent which , as they first traiterously seised upon his person and rescued him out of the custody of the commissioners of both houses at holdenby , and ever since detained him in their power per force from the parliament ▪ so they have lately conveyed him into the isle of wight , and there shut him up prisoner without the privity and contrary to the desires of both houses . all which unparaleld insolencies and treasonable practises , we declare to be against our rights , freedom and liberties , and the rights and priviledges of parliament , and of our members there who represent us , and to his majesties honor , and safety , in whom we have all a common interest . and we do likewise further complain and remonstrate that the officers and agitators in the army , and their confederates in the houses , have contrary to our foresaid rights and liberties many ways invaded and infringed the rights and priviledges of the city of london , the parliaments chiefest strength and magazine , and metropolis of the whole kingdom , which extreamly suffers in and by its sufferings , and that by altering and repealing their new militia established by ordinances of both houses when ful and free , without any cause assigned , against the whole cities desire ; in marching up twice against the city in an hostile manner , not only without , but against the votes and commands of both houses ; in dividing and exempting the militia of westminster and southwark from their jurisdiction and command ; in seising upon and throwing down their line and works ( raised for the cities and both houses securities at a vast expence ) in a disgraceful and despiteful manner ; in marching through the city with their whole army and train of artillery in triumph in wresting the tower of london out of their power , and putting it into the armies and generals custody ; in removing the cities lieutenant of it without any reason alledged , and placing in a new one of the armies choyce ; in committing the lord mayor , recorder , aldermen , and divers colonel , captains and common councel men and other citizens of london ( who have shewed themselves most active and cordial for the parliament and impeaching them of such grand misdemeanors and treasons , which all the city and kingdom , and their accusers own consciences inform them they were more guilty of , without ever bringing them to a legal tryal ; only for doing their du●ies in obeying the parliament in their just commands , and standing up for their just defence according to their duty and covenant , of purpose to bring in others of their own faction into their places to inslave the city ; and commanding two regiments of foot to come and quarter in the city , and levy some pretended arrears t●●●ein by open force , which many by reason of poverty for want of trade and former loans and taxes to the parliament , are ●●●●rly unable to satisfie . and when such affronts and violence is offered to london it self by the army , by whose contributions and loans they were first ●●●sed and have been since maintained , and that under the parliaments notes , who are those engaged to them for then supplies and preservation and constant affections since their first ●●tting to this present ; the free-holders and free-subiects in the country and more remote counties , must necessarily expect free-quarter , affronts , pressures and violations of our just rights and liberties from them : the rather , because the garrison soldiers of the city of bristol , who not long since refused to receive the governor appointed them by both houses of parliament , have lately seised upon one of the wel affected aldermen of that city as he was sitting on the bench with his companions , and carried him away per force , refusing to enlarge , or admit any person to see or speak with him , or bring any provisions to him , til they receive some , moneths arrears in ready money and good security for al their remaining pay , and an act of indempnity for this their insolency and injurious action in particular , and all other offences in general , from both houses . of which unparaleld oppression and injustice from soldiers , who pretend themselves the only saints and protectors of our rights and liberties , we cannot but be deeply sensible , and crave your speedy redress in our liberties , rights and properties . but that which most neerly concerns us , and which we can no longer endure ▪ is this ▪ wherin we expect your present redress ; that this degenerated , disobedient and mutinous army , contrary to the votes and ordinances for their disbanding and securing their arrears in march and may last past , have traiterously and rebelliously refused to disband , and kept themselves together in a body ever since , offering such affronts and violence to the kings own royal person , both houses of parliament and their members and the city of london , as no age can paralel ; and yet have forced the houses when they had impeached and driven away most of their members , and marched up in a body against them and the city in a menacing , manner , not only to own them for their army , but to pass a new establishment of sixty thousand pounds a moneth for their future pay , to be levyed on the kingdom ( who now expect ease from all such taxes ) besides the excise and all other publick payments ; which now they importune the houses may be augmented to one hundred thousand pounds each moneth , and that they themselves may have the levying thereof : which insupportable tax being procured by force and menaces , when the houses were neither full nor free , against former votes and ordinances for the kingdoms ease , and not consented to by most of our knights and burgesses then driven away by the army , and dissenting thereto when present , and being only to maintain a mutinous and seditious army of sectaries , antitrinitarians , antiscripturists , seekers , expectants , anabaptists , recruited cavaliers , and seditious , mutinous agitators , who have offered such insufferable violence and indignities both to the king , ( whose person and life was indangered among them , as he and they confess ) the parliament , city , country , and so earnestly endeavored to subvert all magistracy , monarchy , ministry , all civil , ecclesiastical and military government , parliaments , religion , and our ancient laws and liberties ( as their late printed papers evidence ) that they cannot without apparant danger to the parliament ; king and kingdom , be any longer continued together , being now so head-strong that their own officers cannot rule , but complain publickly against them : and therefore we can neither in point of duty , conscience , law or prudence , subject to pay the said monethly tax so unduly procured by their violence , were we able to do it , being contrary to our solemn league and covenant , for the maintenance of such a mutinous and rebellious army , who endeavor to enslave and destroy both king parliament , city , kingdom , and monopolize all their power , wealth and treasure into their own trayterous hands , which they have wel nigh effected , having gotten the kings person , the tower of london , all garisons and forces in the kingdom by land , and the command of the navy by sea , into their power , and put the city and both houses under the wardship of their armed guards , attending at their doors and quartering round about them , and forced the run-a-way speakers and members not only to enter into and subscribe the solemn engagement to live and dye with them in this cause , but likewise to give them a ful moneths pay , by way of gratuity , for guarding them back to the houses , where they might and ought to have continued without any danger , as the other faithful members did , and to which they might safely have returned without the strength of the whole army to guard them . and to add to our pressures and afflictions , this godly religious army of disobedient saints , who pretend only our liberty and freedom from tyranny , taxes and oppression , demand not only this new heavy monethly tax , and the remainder of bishops , and all deans and chapters , and forrest lands in the kingdom , and corporation stocks for their arrears ( which if cast up only during the time of their actual service til the time they were voted and ordered to disband , wil prove very smal or little , their free-quarter , exactions and receipts for the parliament and country being discompted ) but ( which is our forest pressure ) do violently enter into our houses against our wils , and there lie in great multitudes many weeks and moneths together , til they quite ruine and eat out both us , our families , stocks and cattel , with their intolerable free quarter , and that in these times of extraordinary dearth and scarcity ; for which they raise and receive of us of late twice or thrice as much as their whole pay amounts unto , devouring , like so many locusts and caterpillars , all our grass , hay , corn , bread , beer , fewel and provisions of all sorts , without giving us one farthing recompence , and leaving us , our wives , children , families , cattel , to starve and famish ; the very charge of their free-quarter ( besides their insufferable insolencies and abuses of all sorts ) amounting in many places to above six times , or in most places to double or treble our annual revenues . besides the abuses in their quartering are insufferable ; many of them take and receive money for their quarters double or treble , their pay from two or three persons at once , and yet take oats and other provisions from them besides , or free-quarter upon others : some of them demand and receive free-quarter in money and provisions the double or treble the number of their troops and companies : others take free-quarter for their wives , truls , boys , and those who were never listed : others of them wil be contented with none but extraordinary diet wine , strong beer , above their abilities with whom they quarter , thereby to extort money from them ; and if an ▪ complain of these abuses , he is sure to be relieved with an addition of more , and more unruly quarterers then he had before . if they march from their quarters to any randezvouz , or to guard the houses , they must have victuals and money too , til their return . divers of the troopers and dragooners must have quarter for two or three horses a peece , which must have at least a peck of corn or more every day ( though they lye still ) both winter and summer ; their horse , and dragoons devouring above two thousand bushels of corn ( besides grass , hay and straw ) every day of the week , and this time of dearth , when the poorer sort are ready to starve for want of bread . in brief , the abuses of free quarter are innumerable , and the burthen of it intollerable , amounting to three times more then the whole armies pay , who are doubly payd all their pretended arrears , in the money & provisions they have received only for freequarter upon a just account ; and therfore have litle cause to be so clamorous for their pretended arrears from the state , who have received double their arrears of us , and yet pay us not one farthing for all our arrears for quarters when they receive their pay . which free quartering we do now unanimously protest against , as an high infringement of our hereditary rights , liberties , properties and freedom , and contrary to magna charta , the petition of right , and warranted by no express ordinance of parliament , now the wars are ended , and the army long since voted to disband , and such an excessive oppression and undoing heart-breaking vexation to us , that we neither can , nor are any longer able to undergo it . and therefore we humbly pray and desire this of both houses of parliament , as our unquestionable liberty and birth-right , of which they cannot in justice deprive us , without the highest treachery , tyranny , perjury and injustice ; that all these forementioned grievances and unsupportable pressures , under which we now groan and languish , may be speedily and effectually redressed without the least delay , to prevent a generall insurrection of oppressed and discontented people , whose patience , if any longer abused , we fear , wil break out into unappeasable fury ; and by their publike votes and remonstrances , to declare and order for our general satisfaction and ease . . that no habeas corpus shall be denyed to any free subject , imprisoned by any committe whatsoever , or by any officers or agents of parliament : and that any such person shal be bayled and discharged by the keepers of the great seal in vocation time , of the judges in the term , upon an habeas corpus ▪ if no legal cause of commitment or continuance under restraint shal be returned . . that every person who hath been wel-affected to the parliament , may have free liberty to prosecute his just remedy at law against every member of parliament , committee-man , officer or agent imployed by the parliament , who hath maliciously or injuriously imprisoned , beaten , sequestred , plundred or taken away his money or goods , or entered into his bounds and possessions contrary to law , and the ordinances of parliament , and the power and trust committed to him , notwithstanding any priviledg , or the ordinances , or any orders made for their indempnity ; which we humbly conceive , were only made to free those who acted for the parliament from unjust suits and vexations , for acting according to their duties , and not exempt any from legal prosecutions for apparent unjust , malicious and oppressive actions and abuses of their trust and power . . that no wel affected person may be debarred from his just and legal actions against malignants in commission , or arms against the parliament , who have imprisoned , plundered and abused them for their adhering to the parliament , by colour or pretext of any articles surrender , made by the general or any other , or by any future act of oblivion , so as they prosecute their actions within the space of years next ensuing ; and that the committee of complaint may be inhibited to stay any such proceedings , such judgments or executions , as prejudicial to the parliament , and injurious to their suffering friends . . that all members of either house of parliament lately suspended , imprisoned , impeached or ejected by the armys menaces and violence , without legall tryall may be forthwith enlarged , restored and vindicated , and both houses and their members righted and repayred against all such who have violated their priviledges and freedom , and freed from the guards and power of the army . . that the kings person may be forthwith delivered up by the army , into the custody and possession of both houses under pain of high treason , in any who shall detain him from them , that so a firm & speedy peace may be established between him and his people , for their comfort . and cornet joyce who first seised , and those agitators who lately intended violence to his royall person and life , may be apprehended and proceeded against . . that the imprisoned aldermen and citizens of london may be forthwith enlarged , restored and repayred ; and the repealed ordinance for their new militia revived ; the tower of london put into the citizens hands as formerly , and firm reconciliation made between the city and both houses . . that the isle of wight , and all garrisons by land , and the navy by sea , may be put into the command and custody of those who enjoyed them by votes and orders of both houses , before the of july last past , unless just exemptions can be taken to any of them by the houses . . that all votes and ordinances formerly made and repealed only by the menaces and over-awing power of the army may be revived , and all new votes and ordinances made by their threats and violence , when divers members were driven away by their terror , repealed and made voyd ; especially that ordinance for nulling all proceedings in parliament , during the speakers wilful absence , at least five times layd aside , by vote of the house commons ; and forced to pass by a particular menacing remonstrance from sir thomas fairfax and the army , and a party of a thousand horse drawn up in hide-parke to over-awe the houses , besides an armed guard then standing at their doors . . that the true grounds of the speakers and other members deserting the houses and repairing to the army and their entering into an engagement to the army , may be fully examined ; and what members subscribed their names thereto : and who of them that sate in the houses , at any time , during the speakers absence in the army . . that all recruited soldiers in the army ▪ entertained since the taking in of oxford , may be presently disbanded without pay , the residue reduced only to five or six thousand ; and none to be continued but such , who have taken the solemn league and covenant and shal be sworn to be obedient to both houses commands . . that no free-quarter shal from henceforth be taken by any officer or soldier in any gentlemans , husbandmans , ministers , merchants or tradesmans house without his free consent , and pay duly for the same , under pain of death , unless in a march for one night or two upon special service , when no other quarters can be procured , but only in inns , alehouses , and common victualing houses . and that no troopers horses may be allowed oats or provender , whiles they lie stil , and are out of actual service . . that all commissions for martial law may be revoked , and all soldiers , for all misdemeanors and offences punishable by law , made and declared to be subject to the jurisdiction and power of the judges of assise , justices of peace , and chief officers in any county and city ; and liable to arrests and executions for their just debts , and other actions at the common law . . that the tax for sixty thousand pound a moneth , for the armies pay , may be wholy remitted and taken off us ; and a moderate assessment only laid on the kingdom for the necessary relief of ireland , and pay of such few soldiers as shal be necessary to continue til the wel-affected in each county be put into a posture to defend it self and the kingdom . . that lieut. general cromwel , commissary ireton , and other members of the house of commons , residing in the army , and the councel of war and agitators , who compiled and drew up the late insolent and treasonable remonstrances and representations to both houses , especially that of the fifth of this instant december , may be forthwith apprehended and impeached of high treason , of which they are far more guilty then any members or citizens formerly accused or impeached by their means , out of the ruines of whose estates they desire the satisfaction of their own pretended arrears . . that the general and army , together with the councel of war , officers and soldiers of the army , may be presently sent to , and give an answer to both houses , whether they continue together as an army , by vertue of any commission and authority derived from the houses only ; and if so , to take an oath to be obedient to all their just commands ; or else keep together in a body , only by their own private engagement and authority as a pretended cal from the people , as john lilburn in late printed papers affirmes they do : which , if really true , we can repute them no other , but a most riotous assembly of rebels and traitors against king , kingdom and parliament , and their taking of free quarter on us against our wils , no better then burglary and felony , for which they ought to suffer death . . that the extraordinary dammages the kingdom , city and country have sustained by free quarter and loss of trade , through the armies refusal to disband , and late recruits , contrary to the votes of both houses for their disbanding ( which dammages amount to above twenty times their pretended arrears ) may be satisfied out of their arrears as far as they wil go , to be totally struck off for that purpose , and the residue out of the estates of such officers and others who have been the chief instruments of continuing and recruiting the army , and free quartering them neer the city , and consequently the original causes of these damages . the rather , because it is sir thomas fairfax and the councel of the armies own law and justice in their arrogant representation to the houses ; decem. . . p. . where they thus declare their desires . yet now , in justice , we cannot but desire that , besides the levying of the ( cities ) arrears at last , ( for which we have been put to stay so long ) there may now likewise be some reparation thought on from the city to the parts adjacent for abeve one hundred thousand pounds damage through the armies attendance here on the cities defaults and delays ; which reparation we ( if necessitated thereunto , or called upon by the country ) must in their behalf demand from the city to the ful ; and now also ( the rather in order to that ) we must earnestly desire , that the proceedings against those citizens and others lately impeached , may be hastned , and out of their fines or confiscations , some part of reparation may be made to the countries adjacent for the afores aid damages , which the crimes of those persons ( they should have said , the rebellion and disobedience of the officers and army to both houses ) did first bring upon them , &c. and what reparation of damages they thus prey from others , who are innocent and no causes of them , is just they should first make themselves , being the real authors thereof , by their own confession . all which we humbly pray , as our just rights and liberties , in our own and the whole kingdoms behalf , who shal , by gods assistance , with our lives and fortunes resolutely maintain and defend his majesties person and lawful power , the ancient priviledges and freedom of parliament , and our own unquestionable rights , properties and franchises ( according to our solemn vow and covenant ) against all encroachments , powers , and private factions whosover , for the honor , benefit , and safety of us and our posterities , and wil no longer suffer the king , parliament , city , country and kingdom to be enslaved and trambled upon by a dangerous and perfidious combination of self-ended men , who endeavor nothing but to advance themselves by our publick ruines and confusions . finis . notes, typically marginal, from the original text notes for div a e- a so they term them . b to wit , the fug●tive members who withdrew unto & engaged with the army , and by their engagement are made parties & incompetent iudges . c no , it was only for their own just defence against the armys force & rebellious reproaches against them . * they ran away before they were driven , & might have set on the said day as wel as others without disturbance , as they did the very next morning after the tumult . d a detestable parenthesis and horrid scandal . * this is their maintenance of the parliaments priviledges & freedom , & the liberty of conscience the army contends for . e this disables all your fugitive members . f those who treacherously fled to you , brought you up against the city , and signed your engagement , are no such members , but ingaged parties . his majesties message to both houses of parliament, upon his removall to the city of yorke england and wales. sovereign ( - : charles i) this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing c ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing c estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) his majesties message to both houses of parliament, upon his removall to the city of yorke england and wales. sovereign ( - : charles i) charles i, king of england, - . broadside. printed by robert fowler, london : [i.e. ] at head of title, under the royal arms: huntington ̊martii, . [i.e. ]. reproduction of original in the societies of antiquaries library, london. eng great britain -- history -- civil war, - . great britain -- politics and government -- - . a r (wing c ). civilwar no his majesties message to both houses of parliament, upon his removall to the city of yorke england and wales. sovereign a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion diev et mon droit honi soit qvi mal y pense royal blazon or coat of arms huntington o martii , . ❧ his majesties message to both houses of parliament , upon his removall to the city of yorke . his majestie being now in his remove to his citie of yorke , where he intends to make his residence for some time , thinks fit to send this message to both houses of parliament . that he doth very earnestly desire , that they will use all possible industrie in expediting the businesse of ireland , in which they shall finde so cheerfull a concurrence by his majestie , that no inconvenience shall happen to that service by his absence , he having all that passion for the reducing of that kingdome , which he hath expressed in his former messages , and being unable by words to manifest more affection to it , then he hath indeavoured to doe by those messages ( having likewise done all such acts as he hath beene moved unto by his parliament . ) therefore if the misfortunes and calamities of his poore protestant subjects there shall grow upon them ( though his majestie shall be deeply concerned in , and sensible of their sufferings ) he shall wash his hands before all the world , from the least imputation of slacknesse in that most necessary and pious worke . and that his majestie may leave no way unattempted , which may beget a good understanding betweene him and his parliament ; he thinks it necessary to declare , that as he hath beene so tender of the priviledges of parliament , that he hath beene ready and forward to retract any act of his owne , which he hath beene informed hath trencht upon their priviledges , so he expects an equall tendernesse in them of his majesties knowne and unquestionable priviledges , ( which are the priviledges of the kingdome ) amongst which , he is assured it is a fundamentall one ; that his subjects cannot be obliged to obey any act , order , or injunction , to which his majestie hath not given his consent : and therefore he thinkes it necessary to publish , that he expects , and hereby requires obedience from all his loving subjects , to the lawes established ; and that they presume not upon any pretence of order , or ordinance , ( to which his majestie is no partie ) concerning the militia , or any other thing , to doe or execute what is not warranted by those lawes , his majestie being resolved to keep the laws himselfe , and to require obedience to them from all his subjects . and his majestie once more recommends to his parliament the substance of his message of the th of ianuary last , that they compose and digest , with all speed , such acts , as they shall think fit , for the present and future establishment of their priviledges ; the free and quiet enjoying their estates and fortunes ; the liberties of their persons ; the security of the true religion now professed in the church of england ; the maintaining his majesties regall and just authority , and setling his revenue : his majestie being most desirous to take all fitting and just wayes , which may beget a happy understanding betweene him and his parliament , in which he conceives his greatest power and riches doth consist . london , printed for robert fowler . . the ladies, a second time, assembled in parliament. a continuation of the parliament of ladies. their votes, orders, and declarations. die martis august . . ordered by the ladies assembled in parliament, that these their votes, orders, and declarations, be forthwith printed and published. t. temple cler. mrs martha peele messenger. neville, henry, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing n thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) the ladies, a second time, assembled in parliament. a continuation of the parliament of ladies. their votes, orders, and declarations. die martis august . . ordered by the ladies assembled in parliament, that these their votes, orders, and declarations, be forthwith printed and published. t. temple cler. mrs martha peele messenger. neville, henry, - . [ ], p. s.n.], [london : printed in the yeare . attributed to henry neville by wing. place of publication from wing. annotation on thomason copy: " ber london". reproduction of the original in the british library. eng political satire, english -- th century. great britain -- politics and government -- - -- fiction -- early works to . a r (thomason e _ ). civilwar no the ladies, a second time, assembled in parliament.: a continuation of the parliament of ladies. their votes, orders, and declarations. die neville, henry f the rate of defects per , words puts this text in the f category of texts with or more defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion the ladies , a second time , assembled in parliament . a continuation of the parliament of ladies . their votes , orders , and declarations . die martis august . . ordered by the ladies assembled in parliament , that these their votes , orders , and declarations , be forthwith printed and published . t. temple cler. mrs martha peele messenger . printed in the yeare . the parliament of ladies . secunda pars the ladies well affected , whom in my first , i told you were assembled at spring garden , and upon emergent occasion , had adjourned their house , for that while they were imployed about the ●ff●yres of the publ●cke , their lords had a 〈…〉 to hunt forbi●den g●me ; and ta●●● 〈…〉 ure consideration , that it is a su●e axiome , 〈◊〉 begins at home , they held it convenient , to ad 〈…〉 for a certaine time ; and h●ving reduced their l 〈…〉 to a privation to assemble 〈…〉 meet in parliament a● b●fo●e : for that ph●losophicall lady , the lady may had s●yd , that the acts of governours , cannot p●ssibly have any strong influence upon the publicke , so long as things were not punctually p●rformed at home ; but no sooner had the ladies effected their wishes , and having by their earnest allurements , constrayned their lords to hunt the game more often then they were willing to do , especially in their owne ( — ) berries , so sufficiently abated their affections to that sport , that they began to be altogether weary and tyred , vowing for the future , that to hunt their owne game , was enough and more , then the state of their bodies required ; the ladies with a great deal of jucundity and contentment , assembled themselves together againe . in the first place they tooke into consideration , the sale of the bishops lands , and upon the question resolved : that the bishopricke of lincolne , of worcester , of ely , and durham , should remayn intire ; for that though the bishops of those sees , had in other matters of concernment , shewed themselves very averse , yet to the ladies assembled , they had beene very free and cordiall , even to their utmost abilities , and had in some private performances , ayded them more strongly then any secular man whatsoever . that the lady denbigh should have power to instate the bishop of lincolne in his see , the lady middlesex the b●shop of ely the lady scot the bishop of durham , the lady stanford the b●shop of worcester , each of these l●d●es to have power respectively , to settle the sayd bishops in their first and full power ; and in c●se of resistance , to arme the well affected of the country against those that shall make opposition : but with this proviso , that for the future , the sayd ladies shall not ingrosse to themselves , all the performances of these clergy men as before , but that their abilities shall be esteemed for the use of the whole house in generall . resolved upon the question . that the lands and revenews belonging to the sees of canterbury and yorke be sold , to a molehill , for that the bishops of those diocesses , have from the beginning , beene observed to be nothing well affected to the desires of the house ; and that no notable thing is recorded that they have ever done demonstratively , shewing their willingnesse and ability , but that they ever gathered money , and but seldome coverd ( — ) . that the lady oxford , the lady may ; and the lady tufton , be appointed and furnished with power to accomplish the order of the house ; and the rather , for that the extreame hate the sayd ladies beare to those men , of what ranke soever , that were not willing , to their utmost abilities , to accomplish the will of the house , would be a sufficient instigation to incite them to proceed with vigor . while these things were in agitation , in comes a messenger from the house of commons , desiring their ladish●ps concurrence with an order to be issued out by the authority of both houses , viz. that all malignant ministers should be prohibited from entring into pulpets , for that many of them , contrary to a former expresse order , preached each sabbath day , both in city and country , divulging doctrine of very dangerous consequence , and scandalous to the houses ; their ladiships heereupon , fell into debate , and had much controverting about the word en●er , the lady barrington affirming , that the commons by this , made an absolute intrenchment on their priviledges : for though to the commons it would cause no detriment , yet to them the abridgement of entrance , might occasion much sorrow and vexation , being one of their chiefe immunities ; they therefore returned answer , that they could not passe it , for that to divers of the malignant ministers , viz. dr. griffin , mr. ●ieve , mr. cady , cum multis aliis , they were infinitely ingaged , as to men that had entred their pulpits to their exceeding comforts , when as they were altogether destitute of consolation ; the one at abington , the other at maidstone , the other at stoke , upon which the businesse was waved , and proceeded no farther . the house then appointed committees , viz. the lady newport , the lady buckingham , and the lady carlile , to see to the compounding of delinquents for their estates ; the lady carlile , notwithstanding her age , and uglinesse , would not come to composition with arundell , for his delinquency in deserting and complying with the lady tuften : captaine edwards was also brought in for a delinquent ; but he ap●log●zed for himselfe , that he would not have forsaken the service of the state , and in particular of the lady newport , but that he observed that her ( — ) was like a well , alwaies exhausted with two buckets , for that he was no sooner out but waller was in , and therefore he was the more to be excused , for that he left not the said lady altogether destitute of a — &c. this day a petition came from the lady waller , desiring that she might be restored againe to her place in the house , pro●esting that she was well affected , though her knight were fled away with maynard , and massey ; but it was alledged against her , that she was utterly ●ncapable of sitting in parliament , for that while her knight with glin , and stapleton , were indeavouring a new war , she also was found in armes under col. pointz ; but upon her importunity , the businesse was put off for another dayes hearing . the house then tooke into consideration the impious act of the lady powland , who changing the english , for french ayre , had entred into a monastery , & was become a nunne : the house considering the great prejudice that this her example might produce , voted her guilty of high tre●son , and that whensoever shee should be taken , shee should suffer as a traytor ; and to prevent the like danger , for the future , made this ensuing order , and then adjourned for that day . die veneris , august . . the ladies assembled in parliament , taking into consideration the late act of the lady powland , who contrary to the law of nature , and sense of the house , hath forsaken the society of men , to be a recluse , o● c●oistered nunne , and not without griefe beholding the effects , which such an example may occasion , doe order , and decree , that the said lady powland for her fact so committed , shall suffer death without mercy , if she ever be taken : and for the future , they ordaine that none shal be so hardy as to attempt the like , under paine of forfeiting life and estate ; but shall to their u●most abilities strive to increase and multiply , and for their incouragement therein , it is by these presents ordained by the ladies assembled in parliament , that the females of great brittaine sh●ll have free leave , and license in case of their husbands disability , to use the performances of their eldest servant , and if he faile , of their neere neighbour , and this without scruple or question . t. temple clarke . the ladies assembling againe the next day , the first businesse was a report from the committee for delinquents estates , who named in the first place , the right honorable , the lord mountague , who was impeached for a delinquent to the house , and had deserted the lady virrian , and had allied himselfe to the lady kirbe ; but the house taking into consideration his former speciall services to many of them in generall , and in particular to the lady bedford , and the lady stamford , the lady stamford avouching that he was a man well gifted , and had a large tallent , and one that had indured many dangerous incounters in the service of the house , and had been in the chyrurgions hands , they therefore ordered that his delinquency should be taken off , and he to have free leave to be at the service of the lady kirbe , &c. it was moved then , by the learned lady , the lady may , that the day of humiliation might be appointed to implore a blessing on the indeavours of men , and that they might be inabled to goe through stitch with their undertakings , and become every day more and more active , which was passed , and a messenger sent to the commons for their concurrence . their ladiships then received word that a messenger waited at the doore , sent from the house of commons , to wit , mr. howard , and mrs. glescoth , who being admitted in , delivered their bill , which was to desire their concurrence to a petition with propositions to be sent to his majesty for a safe and well grounded peace , which their ladiships passed , and ordered the lady thinne and the lady may , to joyne with two of the house of commons , and they joyntly to be urgent upon his majesty to signe the propositions , and so for that day adjourned their house . the next day the house being met , a petition was delivered , intituled the humble petition of many thousands of citizens wives , in and about the city of london , the substance of which was , that whereas divers weake persons were crept into places , beyond their abilitie , and had undertaken that which the petitioners found by common experience , they were not able to performe , they therefore desired that men of abler parts , and greater abilities , might be put in their roomes ; which would be to the petitioners infinite advantage , the house having heard their petition , ordered hearty thankes to be given them , for their good affections to the state , and that the lady devonshire , the lady middlesex , and the lady bullinbrooke , should be a committee appointed to consider of this businesse . it was then mooved by the lady norton , that a day of thanksgiving might be appointed for the armies happy entrance into the city without tumult , for the exceeding great indeavours of the commanders of the army to pleasure the house , thankes returned to sir thomas fairefax for his many able performances in the service of the lady denbigh , to cromwell for his valiant charging performed in the service of the lady newport , which order being sent to the commons for their concurrence , they sent it back with their assent and additions ; that thankes also should be given , that they had so fairely drawne their necks out of the collar , and had laid the weight of their owne crimes , upon the backs of waller , massey , and pointz , leaving those lesse interressed in the impeachment then themselves in the lurch ; mr. craddock desired to preach in the forenoone ▪ but the sermon to be in english , and not in welsh , and notice to be given him that he should have care not to blurt out the language of the cambro-brittanians , instead of the romans , as he did once at st. michaels cornehill ; mr. case to be in the afternoone , and that he be desired to pray with his eyes open , and not to offer up his orisons blindly , that is to say , with hipocriticall confidence , and that mrs. cooke be prohibited from accompanying him three dayes afore , lest he suffer some diminution of memory . word was brought in that mr. peters stood at the doore , and had a message of import to relate to the house , who immediately commanded him to be brought in ; who after obeisance told them , that he gave thankes to god , who had appointed him to be the happy messenger of blisfull newes , to wit , that digby was againe reconciled to the lady tuften , and once more doted upon this painted face , which newes because it highly pleased the house ; they ordered mr. peters twenty pounds for a gratuity , and that he should prepare himselfe to preach before them the next fast day ; for that they intended then to be very merry . a paper was drawne up , and sent to the synod , by especiall order from the house , desiring them to give a speedy answer to the satisfaction of the house , to these following questions . f●rst , what is meant by that place where it is said , and iud●h went in unto her , and lay with her , and why there is such a tautology ? secondly , by what meanes came it to passe that lot was able to performe the act of generation with his two daughters , and to ply his businesse so notably , as to get them with child , and yet not know when they lay downe , nor when they rose up ? the messenger bearing this order to the assembly , they returned answer , that they would give a solution to these queries with all convenient speede . a complaint was brought in against one paul best , who had broached many damnable , and hereticall doctrines , amongst the rest one was , that women were uncapable of eternity , as wanting that immortall substance , which was injected into adam , to wit the soule ; and his reason was , for that he read that god breathed into adam , and he became a living soule ; but woman was made of man , participating only of his earthly substance , no mention of any soule infused into her ; for he said woman was ordained only for the earth , but man only for heaven , and this he said was the reason that women were so sensuall of such ravenous , and infatiate appetites , being like other creatures only of the earth , earthly : the house having heard the contents of the complaint , became greatly inraged , and ordered that the bookes or pamphlets , which the said paul best had compiled , and divulged , maintaining this errour , should be gathered together , and openly burnt by the common hangman , himselfe to be kept close prisoner till further order , and in the meane time a declaration to be set forth evidently proving that women have soules ; the chiefe argument to be this , that seeing the divell is a spirit without a body , and yet is c●p●ble of eternity ; so women being bodies without soules , may also be capable of eternity . then the ladies tooke into consideration the great decay of males , occasioned by the late unnaturall warre , and therefore ordered . die mercur. august . . it is by these presents ordered and decreed , by the ladies assembled in parliament , that forasmuch , as by the late unnaturall warre , many men of great abilities and able performances , were cut off , not only to the prejudice of this house , but of the whole kingdome , as by severall petitions from many thousands of unsupplied women , may appeare : be it therefore ordered and ordayned , for the more speedy replenishing of the kingdome , that it shall be lawfull , for the time to come , for any woman venereously inclined , and capable of more then is put upon her , to use the ayd and assistance , not onely of the men of her owne nation , but also of any other forraigner , whether frnchman , spaniard , or german , to the end there may be aspeedy supply of males for those were lately massacred , and the kingdome furnished with able and active men , t. temple cler. parl. the h●use then adjourned for that day , and on the morrow assembled againe , where the first thing they ●ell upon , was , a complaint the was made against players , who contrary to an ordinance , had se● up shop againe , and ●cted divers p●ayes , at the two hous●s , the fortune , and salisbury court . whereupon it was demanded what plaies they were , and answer being given , that one of them was the scornefull lady , the house tooke it in high disdaine , and as an absolute contemp of their power ; and therefore ordered that alderman atkins should make a journey on purpose to suppresse them ; and also ordered that an act sh●uld be passed to prohibit that play to be herafter acted ; but divers ladies were offended at this order , intended for the supp●essing of playes , as the lady munmouth who lik't sir iohn suck●ins play so well , that she p●wned her jewels to maintayne his backe : and the lady stanford , franke beaumonts play so well , setting his scornfull lady aside , shee would often admit him in , when her lord was kept at staves end : a great confusion happening about this businesse of playes , they at length concluded , that a committee of ladies should be chosen on purpose to consider of this businesse . their ladiships then taking into considerations , the many pressing affayres which they were like to lie under , ordered , that dr. strickland , and dr. burges , ( a man furnished with a large talent ) and doctor chamber laine , should be assistants to the house , that so the ladies might receive such comfortable distillations , as those worthy men were able to affoord them . in the last place , the ladies being to adjourne , for some months , sent to the assembly of divines , to know whether they had according to their desires , wrote any thing tending to the solution of the questions by them propounded ; but answer being returned , that the assembly of divines were now in deepe consultation , to proove that the two lewd elders , who tempted susanna to wickednesse , might have a dispensation from the nationall assembly ; the ladies were content to bee resolved at their leysure : and having ordered these their proceedings to bee printed and published , adjourned their house . the end . by the king, a proclamation for the further adjournment of the two houses of parliament england and wales. sovereign ( - : charles ii) approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing c estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) by the king, a proclamation for the further adjournment of the two houses of parliament england and wales. sovereign ( - : charles ii) charles ii, king of england, - . broadside. printed by the assigns of john bill and christopher barker ..., in the savoy [i.e. london] : . "given at our court at whitehall the nineteenth day of september, one thousand six hundred sixty and eight, in the twentieth year of our reign." reproduction of original in the huntington library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- parliament. great britain -- history -- charles ii, - . great britain -- politics and government -- - . - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion diev et mon droit honi soit qvi mal y pense royal blazon or coat of arms by the king. a proclamation for the further adjournment of the two houses of parliament . charles r. the kings most excellent majesty having with the advice of his privy council , upon great and weighty considerations , resolved upon a further adjournment of his two houses of parliament , doth by this his proclamation publish , notifie , and declare , that he intends his house of peérs may adjourn themselves , and also his house of commons may adjourn themselves on the said tenth day of november , until the first of march next ensuing : whereof the lords spiritual and temporal , knights , citizens and burgesses , and all others whom it may concern , may hereby take notice , and dispose themselves accordingly ; his majesty letting them know , that he will not at the said tenth day of november , expect the attendance of any , but onely such of either of the said houses of parliament , as being in or about the cities of london or westminster , may be present at the making of the said adjournment . given at our court at whitehall the nineteenth day of september , one thousand six hundred sixty and eight , in the twentieth year of our reign . god save the king . in the savoy , printed by the assigns of john bill and christopher barker , printers to the kings most excellent majesty . . a pleasant conference upon the observator and heraclitus together with a brief relation of the present posture of the french affairs. phillips, john, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing p estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a pleasant conference upon the observator and heraclitus together with a brief relation of the present posture of the french affairs. phillips, john, - . [ ], p. printed for h. jones, london : . a satire on the tories and their periodicals. attributed to john phillips. cf. nuc pre- . reproduction of original in huntington library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng tories, english -- early works to . great britain -- politics and government -- - . - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - judith siefring sampled and proofread - aptara rekeyed and resubmitted - judith siefring sampled and proofread - judith siefring text and markup reviewed and edited - pfs batch review (qc) and xml conversion a pleasant conference upon the observator , and heraclitus : together with a brief relation of the present posture of the french affairs . london : printed for h. iones . mdclxxxii . a pleasant conference upon the observator and heraclitvs . about the time that the third head of cerberus had set the watch for the other two that were fallen asleep , in came a spirit booted and spur'd , and commanded the gates of the infernal palace to be opened : which was immediately done , without a word of pray sir remember the porter . who should this be , but one of lucifers emissaries , that he had sent into this world to eves-drop for intelligence , to keep company , to counterfeit sometimes tory , and sometimes whigg , and make what discoveries he could . lucifer had been gaming most part of the night , and was very drowsie , when they brought him word that such a one was attending below : but understanding his business , he ordered him present admittance . may it please your most illustrious highness , said belfagor , for that was the name of the plutonian emissary , you sent me into the other world to make discoveries ; and it was upon this ground , for that you believed your two brorhers , iupiter and neptune , had been injurious to you , in giving you the worst share of the vniverse , and therefore you were resolved upon new pretensions , to make an exchange or an invasion , and not be confined any longer to shades or tenebrosity . and to this purpose you sent me to discover the genius of your intended subjects . sir , take my advice , and stay where you are . for as for your brother iupiter , i have made some inquiry after him , but find him to be althogether worn out of date ; so far from being adored and worshipped , that you shall hardly hear him nam'd , unless it be now and then in a thunder-thumping tragedy . and for your brother neptune , 't is said that the french king has bought him out of all his dominions , and intends to be lord of the whole ocean that flows between both the poles himself . and for the earth , i mean that part of the vniverse where those creatures call'd mortals live , the fore-mentioned french king , no more dreaming of mortality , than you of dying , is resolved to make himself the universal monarch of it . to which purpose , he daily goes on , vexing , tormenting , and incroaching upon his neighbours , that no body can live in quiet for him . no leagues will hold him , no faith will bind him up ; so that altough your most serene sootiness wel● know how much you are bound up , if you only swear by styx , yet is he so regardless of those things , that i● you mind him of his treatie-attestations , he presently shrugs up his shoulders and laughs at ye , — as much as to say , — he knows better things . — he buyes towns by whole-sale , and i wish you yourself may be safe from his treasure . pluto . let him be never so rich , and never so great a ruffler , i think i am able to match him both in number and wealth . belfagor . i grant it , sir , you excel him in number , but then , alas , sir , what signifie your millions of skeletons , shadows only of men , that live merely upon the air , to encounter with so many thousands of well-disciplined sa , sa's , whose bones are covered with hard flesh , and outwardly ●ortified with ●loaths and armour , within with beef , pudding , strong-beer , and canary , which they will have if it be upon earth . — then for your wealth , sir , — 't is true , you may make these mortals , especially the most active , they 'l do e'en what you please for your money ; but then again , they are so quarrel-some , so mutinous , so seditious , so turbulent , so restless , that you who have raigned always in peace , and in perfect unity with your own natural subjects , and with so much aw and arbitrary dominion over forreigners , will never endure to be pestred , harrased , worryed , hampered , and perplexed , by these humane terrestrials , as you must expect to be . pluto . but how if i can get in by conquest ? belfagor . ah , sir , i would not have you attempt it , for they 'l be too hard for you in two things ; the one side will out-pray ye , and the other will out-swear ye ; and then pray tell me , what will become of all your millions ? all the vast army , and all the numerous captains that miltons paradise lost musters up for ye , they 'l all do you not a pins worth of good . pluto . this seems somewhat strange , i thought i could have dealt well enough with mankind ; i am sure i find the proude●t of 'em all tame enough here . belfagor . that 's nothing , sir , when they are incarnate they are quite another thing ; and therefore if your sootiness will not believe me , you had best go incognito , and try your self . nay , sir , to tell you more , there is in one little spot of the terrestrial globe , a place called plotter● island , which you may easily cover with one of your princely black thumbs , where they are in the strangest confusion imaginable ; and all about a business that i am sure you would never trouble your head with ; much less would endure to have your rest disturbed , your repose disordered , and your pleasures interrupted for it . pluto . prithee what 's that ? belfagor . religion , sir , or , at least , that 's the grand pretence . pluto . i believe that which you call plotters island , is sicilie ; for that island is monstrous hot , as they say , as having a continual burning mountain in it , fancied to be the vent of my kitchin chimney , and therefore it may be rationally thought to have some more than ordinary influence upon the heads of the people . belfagor . no , no , sir , 't is called plotters island , where all the inhabitants are under disguises , jealousies , fears , and misconstructions ; one man calls his neighbour whigg , and his neighbour calls him tory ; another man calls his neighbour fanatick , and his neighbour calls him tantivie-man . pluto . by the mass , i never heard of such feat names be●ore . belfagor . no , sir , i believe you did not ; but 't is come to that pass now , that all the goosequillers are got into the field , skirmishing continually , without any thoughts of winter-quarters . pluto . the goosequillers , prithee what are those ? who commands them ? belfagor . why , may it please your most serene sootiness , they are for the most conversed with in the shapes of men , but i rather look on them with a partie per pale prospect , half devil , half man. the great generals of the parties are , general observator , general heraclitus , general advice from rome , with several brigadeers of lesser fame , as col. fetterlanio , &c. pluto . what sort of weapons do they use ? belfagor . pamphlets ▪ sir : you may go into a coffee-house , and see a table of an acre long covered with nothing but tobacco-pipes ▪ and pamphlets , and all the se●ts full of mort●●● leaning upon their elbowes , licking in tobacco , lyes , and lac'd coffee , and studying for arguments to revile one another . pluto . how comes all this to pass ? belfagor . by vertue of a certain devilish engine , sir , of your own inventing , called a printing-press . pluto . ay , but all this while these are only tools ; who are the artists that manage and handle these tools ? belfagor . sir , the inhabitants of the island told me , those artists were great friends of yours ; that is to say , the pope , and certain viperous animals of his fostering , called priests and jesuits . pluto . o hang 'em , they 'd embroyl my kingdoms too , if they could ; but thou knowest what massie bolts and locks i have been forced to keep 'em under , ever since i smelt 'em out , and what extraordinary corrections i give to keep them low and quiet . well , but what pranks had these fellows been playing in plotters island ? belfagor . why , sir , they have been playing the devil with two sticks . they had set up a most cruel and dangerous plot to destroy the prince of the island , and the greatest part of his best subjects , which they call hereticks ; but it being in time discovered , the design seemed so execrable , so detestable , so abominable , so pernitious and destructive to the very being and welfare of mankind , that the pope , his priests and jesuits , have been labouring all the ways imaginable to throw off the shame and ignominie of the thing from themselves ▪ and fix it upon the hereticks . to this purpose they laid down this for a maxim , that if the prince of the island were once set against that part of his subjects which they most dreaded , and by them lately called whiggs , and they provoked against the government , he would not only be alienated from them , but be in a manner compelled , for his own security , to joyn with them against his new displayed enemies . the design being thus laid , to imbitter the prince against the subject , & the subject against the prince , the pope and the jesuits embodyed themselves with the tories , among whom credulity and heat of the brains raign very powerfully , and made them believe strange stories and romances of the whiggs , as if they were machinating against regal government , setting up republicks , building castles in the air for garrisons , and lastly , that they intended to have seized upon the person of the king ; tales all as false as improbable , and such as have ridiculously , it seems , suffered since by the unsuccessful choice of the witnesses and proofs . then the observator and heraclitus were left loose to bawl out forty one , forty one , oh , forty one , have a care of forty one , beware of forty one , bow , wow , wow , wow , forty one. don't you remember , sir , what a dreadful noise our dog cerberus made one night , when theseus came hectoring down hither , and broke your highnesses palace-windows ? pluto . very well , for which theseus gave the cur such a confounded palt , after his manner , that his tripple pate was forced to be noynted with butter and beer for six months after . belfagor . well , sir , even such a wicked noise do these two wide-mouth'd melampus's make . and all this while the tantivie-men spit i' their mouths , collect silver sops for 'em among the rest of the tribe ; and when they have reduced them into aurum potabile , present it ●or their farther incouragement . having by these ways endeavoured to render the subject suspected to the prince , their next game was to render the prince odious to the subject , by advising him to recal his gracious dispensation of severe laws , and to cause penalties to be put in execution for the enforcement of their conscience , of which the whiggs are said to be extreamly nice and tender . a thing which the whiggs lament very much , as knowing how little they vary in points of controversie from the tories . and the better to colour this design , they seized and imprisoned several of the whiggs , and were so fortunate to hang a poor intruder ; by which means they thought to have struck at the whole party ; but the ruine being circumscrib'd to his only microcosme , the intreague was buried with his quarters . pluto . so , then you say the jesuits are they , that set the tories and whiggs together by the ears . belfagor . you have it right , sir , and they still continue the fewd . pluto . all this while , good belfagor what is a tory ? what is a whigg ? what are these tantivie-men , these observators , and these heraclitus ? belfagor . may it please your most serene tenebrositie , when i first came to hear of these uncooth names , i was as much a gast as your highness seems now to be ; i nere was so fraid i' my life , but that they had been some new inventions of the men of schemes , to send us trotting about the world upon their fools errands ; but long it was not ere they began to make characters one of another , or some body for them ; and that puts us out of those fears , all which i presently bought up , as well to inform my own ignorance , as your highnesses curiosity . the first i met with was that of a tory. pluto . and where is it ? belfagor . 't is here in my paw , i intend if your sootiness will give me leave , to read it . pluto . do so . belfagor . a tory is a monster with an english face , a french heart , and an irish conscience . a creature of a large forehead , prodigious mouth , supple hams , and no brains ▪ the country-mans description of him , was both rhyme and reason ▪ roary , whorey , sworey , scorey , that 's a tory ; for noise and de●●●chery , oaths and beggery , are the four elements that compose him : his arms are those of istacher , an ass cou●hant ; and his mark is a red ribbon in his cap , to shew , that he belongs to the scarlet whore , by her bloody lvery ; or else , you may take it for a wedding favour , that whenever popery and tyranny shall make a match , he would fain be a bride man. he seems descended from esau , since he is so ready to truck away an invalluable birthright for a french kick shaw , and a naus●ous mess of italian pottage . or if you will run his pedigree higher , you may call him a noddite , one of the race of cain the murderer , that would fain be persecuting his brother , meerly because he is more righteous than himself . take our tories in the state , and they are caterpilers that devour every green thing in a flourishing kingdom , and would stab liberty and property to the heart , that they themselves like beasts of prey , might live wholly upon sport and rapine , ●it only to be subjects to neb●chadnezzar , when bereav'd of humane sence , he hearded with the wild asses of the desert . though they boast themselves englishmen , yet they act in all things as antipodes to their native countrey , and seem rather bogg-trotters transplanted , the spawn of some redshanks , or the by-blows of the old lazy lord-danes , that once domineer'd over our ancestors . they are a sort of wild boars , that would root out the constitution , and break the ballance of our happy government ; and render that despotick , which hitherto has been both established and bounded by law. fauxes in masquerade , that with dark-lanthorn policies , would at once blow up the two bulwarks of our freedom , parliaments and iuries ; making the first only a parliament of paris : and the latter , but meer tools , to eccho back the pleasure of a judge . they are so certain , that monarchy is iure divino , that they look upon all people living under aristocracies , or democracies , to be in a state of damnation ; and fancie , that the grand seignior , the czar of moscovy , and the french king , dropt down from heaven with crowns on their heads , and that all their subjects were born with saddles on their backs . your true tory is as fond of slavery ▪ as others are of liberty , and will be at as much pains and charge to obtain it ; for he envies the happiness of canvas breeches a●d wooden shooes ; and extreamly admires the mercy of the inquisition . he rails at magna charta , as the seed-plot of sedition ; swears , that it was first obtain●d by rebellion , and that all our fore-fathers were rogues ●nd fools , and did not understand prerogative . he wonders why people should squander away their time at the inns of court , or what need there is either of the common-law or the statute-book , since the king might at any time , with quicker dispatch declare his pleasure in any point or controversie , and each loyal subject were bound to acquiesce , on pain of damnation . yet after all , his boasted loyalty extends no further than a drunken health ; he roars and swaggers , but does not serve the king ; he promises mountains , and by lies and misrepresentations , gives false measures , but performs nothing ; nor is it the cause , but the crust that he barks for . then in relation to the church ; tory is either a crab-protestant , that crawls backwards as fast as he can to rome ; or at best , but the cats foot wherewith the romish monkeys claw the protestant religion till the blood comes ; one that does their drudgery , though he has not always the wit to see it , and all the wages he must expect , is polyphemus's c●rtesie , to be devoured last . he is a flambeau kindled by the jesuits , and flung in to make a combustion amongst us . whilst we were hunting down their plot with a full cry , they slipt in their deep mouth'd-hound , who spending on a false seent , diverted the chase , and so the popish puss squats safe in her form ; and now quitting the pursuit of the foxes , he begins to worry the sheep . he pretends high for the church of england ; but as he understands not her doctrine , so he dishonours her by his lewd conversation . what a pretty pious confession of faith is it , to hear a bully cry , god-dam-mee , i am of the church of england , and all the presbyterians are sons of whores . ) indeed , the only proof both of his religion and courage , is , that he swears most frequently by that tremendous name , at which , lesser devils tremble , and his christianity consists in cursing all those that he is pleased to call phanaticks ; and phanaticks he calls all those , that are not content to be either papists or atheists . his tongue is always tipt with dam-mee , and forty one ; and so hot , ( being set on fire of hell ) that he is fain to drink healths , ( sometimes to the pope , and sometimes to the devil , ) sixty times an hour to quench it ; and then belches out huzza's as fast , as mount strombulo does fire and brimstone . whilst he clamours at dissenters for not coming to church , he thinks 't is canonical enough to sleep over the lords-day , to digest the fumes of saturdays debauch , or take a walk in guild-hall-yard , peep in at the preacher , and presently retire to the tavern for a whet to dinner , or else to meet the club of witty good-mockers by fleet-ditch side , and droll away the day in blasphemy , ridiculing religious duties , or inventing iack pudding lies of some pretended nonconformists preaching . if he be somewhat of a more serious temper , he is as very a superstitious bigot , as any in the papacy , he would rather have no preaching , than that the surplice should be left off , and thinks his child not christned , fit be not done with the sign of the cross ; he counts opus operatum sufficient , and if he have but been at common-prayer , and made his responses loud enough to drown the clark , and had the parsons blessing , his task is done and all is safe . flesh on a friday is more abomination to him , than his neighbours bed , aud he abhors more not to bow at the syllables of the word iesus , than to swear by the name of god. he has got a new english dictionary , framed by the indefatigable skill of heraclitus , and the observator , whereby the traversties the most loyal honest sense into blasphemy and treason . talk soberly of religion , and he flaps you over the face with heresie , schism , fanaticism , and faction , or roundly calls you confounded whigg , and so you are confuted . urge never so modestly , legal fundamental rights , and mention irregularities , though in a place appointed to remedy them , he cryes out rebellion ! treason ! you depose the king ! you arraign the government , &c. mention the commons of england , and the general sense of the nation , and he exclaims , dam the mobile and your appeals to the rabble ; and yet at the same time courts and applauds tag-rag and long-tail , the cooks and chandlers of new-sarum , and such other worshipful patriots , for declaring their three half-penny judgments of the highest affairs of state , in their addresses . and as for the two last parliaments , every petty chap-man or apprentice-boy , takes upon him to censure the grave proceedings of those venerable senates , as malepartly as if they had been but a company of fidlers . yet still he fears not god so much as a parliament , but the reason why he blasphemes the one , and rails at the other , is , because as he really believes not a future judgement in the other world , so he puts far off the other ( to him ) evil day in this , and hopes to escape the justice of both by the mediation of saint noli prosequi . pluto . well , what 's the next ? for i like this so well , i must hear all the rest . belfagor . why , sir , the next is the character of a whigg , but a thing so scurralously and weakly penn'd , that it cannot afford your highness matter enough for one smile ; and therefore if you please , we 'll hang that by on the jesuits file . pluto . do so , but what 's the next ? belfagor . why the character of a tantivie-man . pluto . come read that then . belfagor . he is a jolly brisk young huff in crape , reperteeing , rayling , diolling , and drinking ; his library besides comedies and novels , are grotius on the canticles , his votum propapacia , ovid de acte a mandi , cassander , pece maimbourg , sham history of lutherism , and bennets spinoza , which you must know he reads for confutation and direction only . as for his religion , it is an aristocracie , he can burlesque our little discenting slaves at whom , while like a true spiritual venetian , he opposes the priviledges of his enthusiastick parliament , to the royalties of holy daddy ; and this under the specious pretence of their liberties and immunities , of the gallicane and other iure divino grandees , though he cannot for all that easily brook the infallible cheat ; yet should at this time of day go by the elsabeth name of anti-christ . he is a man-midwife , and hath been for some years an apprentice to mother celliers , yet affects a singularity in the mysterie ; he would deliver the monster with the heels foremost , all systems in theologie he dislikes , as savouring of wittemberg and the lake lemaune , excepting this one concise and pithy one of his own compiling , which as being a lover of the art of climbing , he hath made in a climax or ladder , fashion thus ; no christnings , no salvation , no salvation , no grace , no grace , no bishops , no bishop , no salvation ; whence as clear as day light , damnation to all geneva men . his church is much to large for a british-head ; for of late it reaches from the isles of orcades , to the grand seigniors seraglio , and better fits the tearm of fifth monarchy monsieur , then of a protestant english prince . he hath taken an oath that his most sacred majesty , ( whom god for ever preserve from him and all false traitors ) is in all causes and over all persons , in these his dominions , supream head and governour ; and yet would perfidiously advance into his place , a juncto of forreign mitre-men , wherein the very pope if he 'll but for once disclaim arbitrary power , and give his word to be civil , may preside in pontificalibus . in a word , he is a servile parasite , a proud hector , the cats foot to the jesuit , an underminer of civil power , a monopolizer of base spirits , a disbeliever of popish plots , turns faith into pollicie , religion into intreague , and devotion into hypocrasie , banters heaven , abuses the world , and betrays his country . pluto . belfagor , thou art a rogue , i never laughed so heartily before ; specious pretences , and bantring of heaven , with a rope to ' em . well , the next . belfagor . why , sir , the next , for the sake of dearly beloved brotherhood , have so wrapt themselves up in one another , that i cannot read them distinctly . pluto . why then let 's have them as they are . belfagor . the character of the observator and heraeclitus ridens . the one is a meer fidler in dialogues , the other plays the treble to his base . they skin and skarifie the act of oblivion , and teize about forty one , till they loose it , to get twenty shillings a week . after all their deep contemplations , and delving in the rubbish of the late times , the observator keeps a great bustle in the world , to prove there is as much pleasure in borrowing discourse , as in stealing the affections of a young lady against the consent of her parents . he is one that tugs at the labour oare of mischief , to turn the head of conscience with his tide . he and heraclitus are the men , for whose sake colledge may be in some measure pittied , for lying under the lash and sweet revenge of their nonsensical and inhumane triumphs . the observator is one that strange le thirsts and panteth after adoration in coffee-houses , and is the very adonis of sam 's in ludgate-street ; where because he takes no tobacco , he talks nothing but smoak . he and heraclitus have reason to shake hands , in regard their tails are so close tyed together , like samsons foxes , to fire the nation . neither truth , honesty , reason , nor right maxim of state do they consider , nor how to temper the various mixtures in the variety of opinions ; suffering themselves to be carried away with the stream of present transactions , and forgetting the rules of that profession , to which they both aspire , that there is harmony in discord ; which since it cannot be avoided , is to be well and artificially bound and sweetned , not exasperated . it may be questioned whether the observator and heraclitus may not more truly be said to be the iack-puddings of the nation , that play the fool during the fair-time , for the private advantage of them that set 'em at work ; or the ignes fatui , that endeavour to lead the people astray with their false lights , appearances of reason only , and the evening-flashes and dazlings of unpondred truth . they are the common receptacles of contribution drollery . were every mans name to his conceit , their pamphlets would look like the roll of benefactors in pauls , the true experiment of the proverb , tot homines , quot sententiae . it may be thought , that like castor and pollux , they were hatch'd out of a leda's egg , while they make such havock of goosequils , and act the parts of officious ganders over the rest of the vulgar flock : though it is not to be imagined , that the capitol of the common-weale should ever be saved by their clamorous impertinences , yet they may be said to be like mongrels , that bark at sowgelders . they are afraid of something by a sympathetick compunction , yet know not what to call it . tory and whigg are the ground-work upon which they lay the purle and embroidery of their fictitious contrivances . with these implements , and other sheepmarks of distinction , they endeavour to raise a civil war in every private familie , to break and dissolve the harmless bonds of honest society and conversation , and guelph and ghibelline the nation into confusion . sometimes they are so confident as to name particular persons , and barbarously let loose the detested custom of the vetus comoedia , so long ago exploded by the civil greeks , to worry the reputation of those that will not feed their humours . the jesuit is now got a t'other side , and frisks it in his wanton conceits , like a fat heifer in a rich pasture ; and chuckles again to see those that confounded his real presence , and other shams of his prophane idolatrie , now reviling and tongue-persecuting those that hope for the joys of eternity by a better sacrament . 't is true , they are very merrie , but still they play like melancholly gamesters , the right hand against the left ; so that 't is no wonder they should win all they throw at . only sometimes they get a rub from ludgate-hill , and then they crie , hoop , here 's work for another week . but as one passionate word in scoulding draws on another , and the feud will never abate , while the heat and fury of the animosities is continued ; therefore it were to be wished , that care might be taken for the suppression of all those goosequil pickerers . they are base and inconsiderate , more swayed by pence , g●inies , and irish consciences , than by true loyaltie or reason . they make no distinction between dissenters out of faction , and dissenters out of pure and immaculate consciences ; but run tempestuously upon a most undoubted body of the protestant religion without exception . masqueraded champions , and it seems well paid for their tilting . they consider not , that though reflexions upon sovereign princes are abominable , yet the sober and temperate discourse of libertie was always allowed . besides , they can never be said to write well , who are not able to justifie themselves to all the inquisitions of the government wherein they live ; therefore neither the observator nor hera●litus can be said to write well , because the very noise of a parliament terrifies them , more than the ratling of thunder did caligula ; it drives the one again to his batavian sanctuary , and without blast founders the sayling vessel with all its cargo . pluto . why these are fine fellows indeed ! well , but how belfagor did you find these characters to agree with the persons ? belfagor . all the observation i could make was this , that they agreed well enough with some , but very ill with others . they hit the humours of the vain and looser sort of the one , and the more designing and turbulent of the other party , but never touched the rest , who are of all the far greater number . so that all this paperscuffling seemed to me , to be only to amuse the vulgar and the ignorant , and to raise a general combustion in the nation , to the end the state-salamanders might secure themselves in the flames . and for the scriblers themselves , those great generals of so many battalions of wast-paper , i leave to your highnesses judgment , for i am sure it will one day come to that , whether or no they would not write for your sootiness upon occasion , being such as only for the present farm out their extravagant fancies , and lowly surrender themselves to be the tools of mischief and disorder for a little immediate gain ; wherein they are yet so unsuccessful , as not to gain the least conquest upon men of reason or discretion . sir , did you ever hear of forty one ? pluto . yes , and was my self a great actor too at that time . belfagor . and what does your highness think of an old , cunning , weather-beaten states-man , that should go about to recover an intreague in which he had once lost himself , by the same measures , by the same beaten road , and by the same trite and common artifices , still so fresh in memory , that every ordinary politician in power would easily know how to obviate . pluto . i should think him a fool , a meer fisher for frogs , that thinks to catch the multitude again with a bait , which they had swallowed already , so much to their prejudice . belfagor . wherefore then so much noise with forty one ? the stale , over-worn , thread-bare pretences of which , are now known to every apprentice ; which makes me think , that the whiggs , men of deep profound consideration , and that have much to loose upon 〈◊〉 , must have newe● studyed and ●esined intreagues , if any at all , than those of forty one , or else it is impossible that they should be guilty of those practices which are laid to their charge ; from whence it is as impossible they should ever dream for the least success , while there is but two penny-worth of vigilancy over ' em . besides , sir , one thing more i observed in my travels , that before the grand plot , the whiggs were accounted good subjects , had all the gratious complyance , loyal hearts , and open purses , that could be wished for ; so ▪ that all things past seemed to be buryed in the grave of oblivion . but no sooner was the grand plot of your hignesses nephew the pope discovered , but up starts forty one in a winding-sheet , and made such a noise i' the ●treets , that nothing could stand in competition with it . then it was that the popish-landers , countenanced by some of the greatest personages in plotters-island , like the hare , that never makes more doublings and turnings , than when she hears the full cry of fields ring the peal of death in her ears , finding the whiggs in chase of their plot , and still tracing it upon the hot scent of fresh discovery , were resolved , if they could , to spoil their noses , by strewing good store of pepper all along upon the trail . to this purpose they set up one of their minions to thwart the first discoverer , to contradict him , teaze him , vex him , discountenance , discourage and render him fallacious , an impostor , and consequently ridiculous to the people . nay , he was so venturous , though he durst not absolutely deny the plot , in the infancie of its discovery , as to fix it so for a time by his libelling charms , that it seemed to hang in an airy doubt between truth and untruth ; like your highnesses brother mahomets tomb between heaven and earth . but his magick spells being broken by the grand senate of ●lotters island , it rested again upon the terra firma of the so much upbraided discovery , and then the maggot was forced to creep into a holland-cheese , for fear of being brought to condign punishment . for the grand senate of the island , notwithstanding all his little potions of intoxication , found , and adjudged it to be a plot , caressed the discoverers , and prosecuted the criminals with that noble zeal , that your highness well knows the harvest you have reaped thereby . pluto . ah belfagor , belfagor , a poor wheatsheaf to what i should have had , could the design have been complicated , and i have had but my due ! belfagor . i confess it , most fuscous lu●ifer ; i have always had that experience of your justice , that you love not to be named with the innocent . pluto . i cannot say so belfagor , for the nocent and innocent are all one to me . but i must needs say , when the innocent come in shoals , i have a far worse opinion of them that send , than of those that are sent , as verily believing there must be most devillish foul play i' the case . belfagor . thus far , sir , as i have hinted before , all the treason , all the ignominie , all the shame , all the villany of the design , all the blame that your highness could have had , had you been guilty of it your self , lay upon the necks and shoulders of the popish-landers . all which rendred them so abnoxious all over the world , and made the burthen so heavie , which otherwise they would have made no more of , than of a larks feather , that they resolved to rid themselves of it ▪ if it were possible to be done by the art of jesuits ; and i was informed , that they had sent a most splendid embassie of thirty , thousand masses and ora pro nobis's , and that your nephew the pope had offered you the restitution of purgatorie , to give your assistance . pluto . 't is very true , belfagor , what you say , and thereupon we advised with our chief iustice rhadamanthus about it , who told us , they were a company of villains and poltrons , and had so much craft and cunning already , that if we lent them any more , we might chance to rue the fatal effects of our kindness ; and desired us to beware the sad example of our father saturn . thereupon we excused our selves , by telling 'em , that neither we nor our royal consort had ever been bred to church-musick , and therefore had no kindness for it ; and that for their exorcisms , we had now learnt more wit than to fear ' em . belfagor . then i believe that it was upon the return of their embassie , that they set up to work for themselves , for presently they raised a hugeous high mountain which they called forty one , out of the mines of an old garrison long ago dismantled ; from the top of which they daily discharged whole volleys of invectives , libels , tales , stories , shams , surmises , calumnies , and several other such kind of paper-squibs against the whiggs , to make a breach in the reputation of the whole party . this was diligenrly carryed on by their two principal generals of the artillery , don observatore , and don heraclitus , who have laboured at the battery day and night for some time . truly , sir , it behoov'd the papists so to do , for their necessities pressed hard upon 'em at first , for the principal provinces of plotters island , that is to say , tory-land , whigg-land , and tantivie-shire , were against 'em , and the chief governour of iusticia was a whigg-lander , by whose admirable courage and conduct the plotters were every where overthrown , defeated , and cut off ; which the popish-landers seeing , resolved , if possible , to gain him to their side ; and at length so far prevailed , that for a good round sum he being very poor and in debt , surrendred up the garrison of iusticia , into the hands of the popish-landers , by which means the seer w. the princess of mealtubia , and several other most notorious plotters made their escapes , to the incredible joy and advantage of the whole party ; who animated with this success , with a very numerous army of specious pretences , large promises , slie insinuations , cunning perswasions , false oaths , crafty protestations , and masqueraded counterfeits , soon reduc'd a great part of tory-land under their subjection , and are now endeavouring the utter ruine and devastation of whigg-land , not doubting but to undermine the whole plot , and so blow it upon whigg-land ; to which purpose these tory-land pamphleteers , like moles , lie delving and digging unwarily in the dark and obscure mines of jesuitism , little dreaming that the mines will at length fall upon ' emselves ; nor considering that whatever interests or prerogatives of princes the popish-landers may pretend , perae il mondo , e ruina il cielo , is their motto ; they care not though all the interests and prerogatives of all the princes in the world were utterly ranverst , so they may uphold their own . and all this proceeds from the enormous pride of the clergy , who not enduring any equals , much less superiours , would have all the world under their girdles . and thus having given your most illustrious sootiness the best account i can , of the hazards and incumbrances you will meet with in attempting upon the globe of the earth , i again advise you to keep your old station , where you live at ease , with full command and dominion . pluto . well , but is there no appearance of reconciliation ? belfagor . truly , sir , by what i observe , my opinion is , there 's little probability for 't , so long as these swarms of pamphleteers are suffered . for though impeachments and accusations upon just ground are always to be allowed of , yet calumnies are never to be endured among a free people ; they only irritate , never chastize , but are often made use of to justifie the effects of provocation . pluto . well then , if it be so , i 'le keep where i am . but are they all so sullen and morose ? is there no mirth among ' em ? belfagor . why , truly sir , i 'le tell ye , not long since , i met with two merry relations , the one among the tory-landers , the other among the whigg-landers ; the first concerned a whigg-lander , who had been poysoned with the blast of an irish conscience , flown from the breath of a randan tantivie-man ; that among the whigg-landers concerned a certain stripling in the law , son , as they said , to the late governour of the fortress of iustici● , who so publickly was degraded for his misdemeanours , and commonly called the catholick lawyer ; i was shewed him once in the street in a coach , hung about with loose ratling irons , which made a noise like little bells , which made me look to see what coaches followed him ; because i had observ'd , that the foremost of your carriers horses always travail with a coller of bells about their necks ; whether it were his pride or his ambition , i can't tell ; however , he got a name by it , and is like to keep it , for they call him gingling will ; he pretends , they say , to be a second mercurie for swiftness of heels , and swears he would have undertaken to have kept pace with the eagle that carryed ganymed to your brother iupiter . insomuch , that he had like to have got on of the best places in the penny-post-office , had he not spoiled his preferment by the loss of a match which he made to run with a tinker , both naked , for three guineys , all the length of the pall mall in st. iames's park . pluto . and you say gingling will , as you call him , did run this match . belfagor . yes , a' nt like your highness , and the tinker won it too for the tinker put the sham upon him , by disguising another more nimble of foot to run it for him . pluto . by styx , when he comes into my clutches , i 'le make him run't over again , rather than i 'le have a catholick councellor so baffled by a tinker . belfagor . the same relation informed me likewise , that as he was a great racer himself , so he thought it also convenient to keep a running nag . to which purpose when the carter brought the money to pay his father for the surrender of the garrison of iusticia , the young squire knocks off the hoops of one of the firkins , cram'd his pockets , and presently tript it away to the chief city of plotters ●●land ; thither being come , his money burning in his breeches , he repaired for a cooler to a reverend old matron , whom your highness well knows , as having been long famous for sin and iniquity , called betty buly . oh , sir , i cannot pass her by without an encomium ; she has sent many a restless piece of young kid , and barren doe to your royal consorts table ; and for sauce , many a small barrel of gentlemens pallats , and tips of noses , instead of champignions , pickl'd in decoctions of guiacum and sarsaperi●●a . to this good lady the vertuous squire , full of his fathers temptatation , gold , goes and proffers her five guinies to procure him a virgin intact . pluto . five guineys , belfagor ? why , are maidenheads so flush i'th at place , that the price is fallen so low ? i ha' known the time when a mortal could hardly get one for love or money . belfagor . oh , sir , the case is altered now , for old mother shiptons proph●sie has almost ●rought it self about , with five or six women to one man. but she presently took the measure of his narrow soul , and fitted him accordingly ; for instead of a virgin , she brought him an old , cunnings , gilting whore , that infused such a pabylonish contagion into him , that what between the tinker and the harlot , he is unrecovered to this day , and finds enough to do to keep himself upon his l●gs . and which was worse , the story● breaking forth with the dis●●●per , it was carried to his clyents the imprisoned lords , in the chief castle upon pl●tters island , which gave occasion to the ladies in company , not only to laugh heartily , but also to make re●lections upon his dole●ul condition . while one of them could not refrain from discovering the intended gratitude of the whole part to the fools that serve them , saving , though 〈…〉 so that i● is much to be 〈◊〉 , y●ur highness will loose your old acquaintance , 〈…〉 ; it being the vogue of all plotters island , that she des●rv●s a canoni●ation ▪ for b●ing thus instrumental in the mor●ifi●●tion of this little 〈◊〉 . pluto . i should have disown'd the old i●de for my scholar , as thou well knowst she was , had she done otherwise . al●s five pound and a crown ! belfagor . after this , sir , and the swallowing of many a bitter potion , and many a long quick-silver spit , the young squire being a little recruited , would needs go a swan-hopping after a young g●ntlewoman in the country , whom under the pretence of matrimony he had formerly made love to , and obtained her promise . but that not being his design , he inveigled her up to the chief city of the island , where at a penurious treat , he took occasion to drench her with such an opiate dose , that the young damsel fell into a sound sleep , in which condition she was put to bed . plut● . by styx ; a most ●xcellent way to take a maid●nhead napping . but now i think on 't , my cousin hecate plaid her beloved endymion just such another trick , and enjoyed him in a dream . but i 'le tell thee belfagor , there must be great care taken of this spark when he comes here ; for he that will lye with a maid in a dead sleep , will not spare to lye with the dead themselves . and if my subjects should once get the trick on 't , what a new generation of devils should we have ? i tell thee the cons●quences of th●se things are evil . belfagor . now , sir , when the vertue of the potion was spent , the unvirgined gentlewoman awak'd ; but when she ●ound how the gingling squire had used her , grief and despair threw her into those desperate fits , that brought a most violent feaver upon her ; and such a dis●raction seized her for the loss of her honour , that she could scarcely recover her former temper in nine months ; at the end of which she made a worse discoverry , and there was no concealing the business , for she was with child . and now your sootiness , according to your wonted justice , expects to hear that gingling will should have made her amends by marrying her . but he took the more gentle and modish way ; he only kept her for a year or two ; then that she might partake with him as well in his adversity , as prosperity , for he gave her a bountiful proportion of those marks of affection which he had received at betty buly's , and so dismissed her . and these , sir , are your tory ways of courting and consummating their amours . then , sir , for their valour , they are very quarrelsome , especially upon the refusal of a health . pluto . oh belfagor , i have always observed , that love and honour go together . belfagor . no , not too much of honour neither , for , may it please your highness , there are various tempers of men . some valiant men cannot endure to see a cat ; others will never stand ye with a custard at the swords point . and thus it fares with our man o● honour ; for he cannot endure an oaken plant in a countrymans hand , called dorathey , but if he sees it , sneaks into an alley , and if pursued , surrenders up his silver-hilted sword to be pawn'd at discretion , and redeem it if he think it worth his labour . but upon the refusal of a health he takes another course ; for then he proceeds gradually , first he star●s ye i' the face , and cries zounds , what not drink the d's health ? then he throws a glass of wine i'you● face ; and if this be not taken well , he takes up a glass bottle , beats a point of war upon your face , and presently breaks out two or three of your teeth . and , sir , let me tell you , there is nothing so frequent as these squabbles in plotters island ; but they are very advantageous to your highnesses quarter-ma●●er-generals my l. sata● , and my l. belzebub . as for example , if any person denies to drink the d. de p. health , presently another cries damme , w●at not drink the health ? damme ▪ he shall drink it . so by the refusal of one health ▪ they g●● ten or twenty swinging assurances of body and soul to ●ll up the● chinks of hell. and all this proceeds from the a●imo●ties which are daily blown up and cherished by the pamphlet●●●s , those tools of the iesuits , the observator and heraclitus . pluto . well , here 's enough concerning the son ; but what 's now become of the father ? belfagor . your highness means the governour of the fortress of iustice. pluto . yes , i do so . belfagor . then i 'm right : why , sir , no sooner had he surrender'd up that fortress , ( which he did for such a sum of money as would have tempted your highness your self , ) but he was reentrusted to look after the utter demolishing of that fort ; wherein he shewed himself so active , as if he had had a spleen against that lovely palace . against the detectors of the plot , no man more malicious and inveterate ; nay , a person could not appear to give evidence against a popish-la●der , but 't was presently , whipstaff , tip●●aff , take that rog●e , and cast him into the dung●on of banco prisoni● ; which was no sooner said but done . but to the ●opish-landers , no man more condescending , more soft , patient , and more indulgent : to the princes of mealetubia , like pyramus to thisbe ; to the baron of astonaria , like pylades to orestes : and so a great part of the walls of the fortress fell down : and doubtless it had been totally ruin'd , had not the great senate of plotters island opposed his p●oceedings . so that he was at length sent into the countrey with a thing called a quietus e●t , to enjoy what he has so bas●ly got , with the curses of the islanders . pluto . i hope he does not now lye quiet , and study r●p●ntance ; 'sfoot he 's a fat gobbet , i would not miss him for any thing . belfagor . yes , and deserves to be severely handled for certain treasonable words , which i am informed he spoke against y●ur highness , not long since . pluto . what words ? belfagor . why , sir , he said , dam me . — pluto . well , what hurt in that ? belfagor . none , sir ; but he said further , i demolished the 〈◊〉 colemannia in spight of the court ; i delivered up the fort of wak●mannia in spight of the city , and i will be governou● of the fortr●s● 〈◊〉 iusticia still , in spight of the devil . pluto . bid our attorney-general take particular notice of this . belfagor . the sooner the better , sir , for he begins to droop . pluto . how know you that ? belfagor . by his own confession , sir , for quoth he at the same time , though i am an old fellow , and cannot drink , swear , fight and wh●re so well as formerly i could , yet i have a son that is castor and ●ollux , two in one skin , that can and shall do all together , to s●rve the 〈◊〉 - landers . and then straining the point a little fa●ther , he th●s proceeded : i have two daughters also that shall perform their parts at all th●se accomplishments of m●dish galla●●ry . pluto . a my word belfagor , this governour understands trap ; thou knowst 't is our way to have our temp●a ions ready for a brisk opportunity . but if he don't being himself into play , both his sons and his daughters too will be soon forgot . for the sons of such p●rsons , ●ou know , like the sons of parsons , seldome come to good , and their daughters are as little , regarded after their fathers are laid aside , and are consequently dead either in their authority , or dec●ased to us . belfagor . oh , sir , he has been endeavouring to glister in the world again . and to that purpose , believing a privy-councellors place might have been bought , offered some of his popish-landers gold for the imployment ; but the impudent and impolitick offer rendred him so despicable and unfit for so high a dignity among mortals , that they say ●he bit off both his thumb-nails for madness that he had committed such an errour . pluto . and well he might : he a privy-councellor ▪ by styx , that prince would be well served that makes use of him ; he a privy-councellor ! he a wine-porter . belfagor . oh , sir , but this is not all ; i was informed by my brother ramballat , who was either your agent that conducted the person that carried the cordial mass , or else tempter-general to the governour in your behalf , who was present at a discourse that hapned between a certain m●●sieur , mons●●ur fran●●is , who was agent in plotters island for the soveraign of francia , and the popish-landers . it was in the summer-time , when the decl●●ing sun had spread the ●erth with the long shades of several tall elms , that were guarded from the brousing cattle with s●ndry sweet-smelling brakes . then i say it was , when monsi●ur fr●n●●is , and the governour of the fortr●ss of iu●ticia , wearied with travail , or else to rec●●ate their tired cogitations , had lain themselves down undiscovered from each other ; when on a suddain , monsieur françois disburth●ning , his mind to himself , uttered these words : by my arbitrary power i●●e make him absolute ere i return . arbitrary ? absolute , quoth the governour , why that 's the thing i have been driving at ; and presently , spying monsieur fran●●is , made up to him , and with his broad-brimm'd hat , and bended brows , accosted him . who art thou , quoth monsieur fran●ois ? why , i am that late famous knight , the governour of the fortress of iusticia . to which monsieur francois replyed , o , ho , bon jour , bon jour , monsieur le governur . pray speak english , sir , quoth the governour , for i have burnt my tongue already with learning to speak french. thereupon my brother ramballat was chosen to be interpreter between them , so they began and went on as follows . monsieur francois . why , man , what 's the matter , are all things turn'd topsie turvie ? governour . so it seems , monsieur : but did not you talk of arbitrary , and absolute , just now ? monsieur . yes i did , and what then ? governour . why because i was an aslertor of the disquieted title to plotters island , which the whigglanders call'd crime , and an endeavouring to set up arbitrary and absolute power . monsieur . en bien , was that all your crime ? that may be mine too for ought i know ; for such is my business , and i am not to stir , until it be effectually done : but i have the cash , the cash , man , and that alone will do the work at long run . governour . cash , what money ? monsieur . yes money , the very life and nerves of intrigue and design , the very weapon by which my master hath made all those great conquests which he now enjoys ; and by which , if he lives but a few years longer , he 'll subdue the whole world. governour . how unhappy have i been , that could not be sooner accquainted with you ; perhaps i might have been serviceable , and i 'm sure his coyn would have been acceptable enough to me . monsieur . no matter , 't is not too late yet ; though you are out of power , yet your advice may be serviceable , and i● you 'll come in for your share at that , i 'll take care to procure you a pension . governour . agreed , monsieur francois , with all my heart , and bring my son in too ; for of idleness comes nothing , 't is the moving hand gets the pence . monsieur . your son , i know him , he 's a thick-s●ul'd , hot-headed , sottish clown , that can do us little good , unless it be to go now and then to coffee-houses , and huff , swear , ram and dam against the whigglanders , and that will scarce do neither , for they are grave , sober , serious , warie sophisters , that must be handled gently , by men of parts , learned , affable , and obliging , not by the heats and feuds of ninnies and fools . governour ▪ however , you see my good-will to your cause . but what sort of employment must mine be , and what my pension ? monsieur . your employment must be at all , and your pension according as you deserve . governour . by my troth this is very hard , though 't was once in my power to have made my own tearms , but now it seems i must , be forc'd to come in upon yours . monsieur . ay , and a good shift too . but in short i 'll tell you the design , provided you will be sworn to secrecy , and then you will be able to guess whether or no you can do us any service . governour . 't is agreed , i am sworn , now go on . m●nsieur . why , i suppose you have heard of my masters pretentions to the dukedome of burgundy , luxemburg , &c. all which is as good as his own al●eady ; you cannot but have heard likewise , that he hath broke the nimmeghen league by the taking of strasburgh , why now he ●esolves to fall upon flanders , which he hath reason to think himself pretty secure of : for though we have been seemingly asleep , under a notion of peace , yet our powerful coyn hath been moving in all parts of the world , but particularly in flanders , where we have made so many of the spanish officers our own , that whenever my master pleases to draw his sword. — governour . draw his sword , why must there be fighting again ? m●nsieur . yes , a little for the colour of the thing . governour . your master is the devil of a man , he conquers more in the times of peace , than all the european princes besides can do , by the greatest face of war they are able to make . monsieur . and therefore he is so much the more to be commended . governour . no , pardon me for that , sir , pray where are the brave and heroe-like feats of war ? i find nothing but what 's done by ●●eachery , and princes gul'd out of their countries under the notion of peace ; which sort of actions among princes and kings , are of all others most base and mean. monsieur . but if you prate at this rate , monsieur le governour , ●are well , for i cannot endure . — governour . nay , hold sir , if you will not hear what i can say against , as well as for , the interest of your master , how can you think that i shall understand my business , or ever be able to serve him ? monsieur . that 's true . governour . then pray go on , but you must give me leave to interrupt you sometimes . monsieur . why , when we are once in possession of flanders , you know what inroads and other great advantages we have upon the vnited provinces , so that they shall be constrained for their own safety , either to put themselves under my masters protection , or else be liable to have their whole country marched over when frozen , and burnt , or set under water and ruined in a short time . governour . what then ? what have i to do with all this ? you know that i am an old ●ellow , and can't go abroad . ●onsieur . i thought you a more judicious man , that 's not required of you , you must hear this and a great deal more , or else you 'l never understand any thing . this is the scheme of my masters affairs all over the world , and will you not hear it ? governour . yes , yes , pray go on , sir. monsieur . why , when we are secured from the danger of holland , have taken in savona , geneva , and some other as considerable garrisons in those parts , which my master hath now intitled himself to , by taking in casal , when he hath procured his son to be crowned king of the romans , the thing he hath so long desir'd , and either secur'd his alliances with the dane , swede , brandenburgh , and some other of the palatinate princes , or put them into a state of n●utrality : when he shall have brought the malecontents of hungaria under the protection of the turk , and secur'd him by an offensive and defensive league , by that time my master hopes his interest here may be so considerably increas'd , that it may be worth while to bring a considerable fleet of men of war into the narrow seas , to block up the mouth of the river of thames , and turn the whole trade into holland , the east country , or ●lsewhere , and so having sufficiently weakned you , at once to pour into the bowels of your country an army of eighty or a hundred thousand men . governour . but if your master do all this , what occasion is there for such an interest to be made here , as you seem to desire ? monsieur . oh , very material , for my master never strikes till he be secured every way , and therefore a 〈◊〉 well-insinuated interest here , would be of great moment at such a juncto , when my master should invade you ; and in order thereunto , i am sent over to promote a right understanding amongst all our friends , and to see that such as can be serviceable may have pensions setled upon ' em . but as for those that only pretend , and do us no service , as there are many such , they must e'en pack off ; for my master hath spent vast sums of money about this affair already , and resolves to be bubbl'd out of no more . governour . why now you 're come to the point : but how are those pensions to be paid ? have you a fund here ? monsieur . yes , and have had one for several years past . governour . well then , pray tell me wherein i can contribute to the advancing your masters interest here , how the posture of your affairs stands , and who are your principal friends . unless i know this , i can do you but little service . i finde you are no stranger to my affairs ; and therefore you well knowing how much i have been exposed already , i hope you will allow me instruments to work at a distance with . monsieur . we expect from you nothing so much as advice in points of law , and in which we must be concern'd sometimes . as for our interest here , 't is totally wrap'd up in the-so-much-disputed succession ; and what that does , gives life and being to our designs . the immediate posture of our affairs , seems to be very secure , nothing having more largely contributed thereto , than the late transactions in scotland ; which to our best view hath brought all things to a crisis : so that all depends now upon a senate here , that may be as fit for our purpose as that in scotland hath been . governour . and how to procure that , is the great thing of all . monsieur . you 're i' the right on 't , monsieur le governour , and that i believe will be your task ; which if you can but obtain , will not onely give you the whip-hand of all your whigland antagonists , but make your name great and famous to posterity : for the time is coming , according to the common proverb in france , vn dieu , un roy , un religion , over all the world ; and if you can conttribue any thing to this , happy will be the hour you were born in . governour . i 'll do what i can . but i did desire to know your masters principal friends that are concerned in this great affair . monsieur . all that will follow of course by and by . governour . well then , what is it you would expect from a senate here , if it were possible to get one for your masters purpose ? monsieur . oh , i 'll tell you . we should be modest enough : for all our desire at present is , onely to procure a bill for fixing the succession on d. de p. another for liberty of conscience , or toleration as some term it ; a third , an act of oblivion or indemnity ; to make room for which , we are endeavouring to render the whig-landers as criminal to the senate , as the 〈◊〉 have been● and fourth , to prohibit all our country-commodities . governour . as for the three first , i understand 'em well enough ; but what can you get by the last ? monsieur . why if a general prohibition should pass upon all ou● country-goods , and my master have at the same time the command of the sea● , it would be an excellent colour to block up your river , as i told you before , and turn your trade another way ; nay , it might be a shooi●g-horn to draw on a war between the two crowns . governour . but how do you think we shall be able to bring this matter to pass , so as to have a senate for our purpose ? monsieur . oh , for that i 'll tell you , monsieur le governour , you have many drinking corporations ; and some of 'em being well ●ly'd with good beef , bag-pudding , wine , beer , brandy , and tobacco , cannot fail for some of our friends , more especially if we take but the least care to make the more mercenary part of 'em ours . we are no niggards of our money in those cases . this being done according to our usual way of doing business , warily , will so enhance the expences of the competitors , that i● a senate be called but once in every year , according to our expectation , we shall so win upon the multitude by our generosity , that it will be impossible to fail of carrying all before us . governour . and then what fine sport will it be to find the electors swindg'd off by laws of their own making and consent● monsieur . nay , that 's not all ; for we have this advantage besides ; there are many gentlemen who serve for such drinking corporations , whose estates are not worth above five of six hundred pounds per annum , and out of that they have great families to maintain ; so that the spending of a years rent ( as some of 'em must do , if we take any care ) once a year about their elections , for four or five years together , will so tire 'em , that they shall be glad to lay down the cudgels . governour . in that , i believe you 're right , sir : but perhaps all of 'em may not quit the point so . monsieur . no matter : as for those that will not , they must be accoasted with great offers and advantages , and some considerable pensions for the time present ; and these offers with necessities , are great temptations . governour . i know it full well . monsieur . and that person who has but five hundred pounds per annum , and has been forc'd to spend it all about his election , perhaps may be glad to snap at a crust of l. per annum , either to decline the thing , or else to stand bound by promise to serve our turn , and have all his election-charges born besides . governour . aye sure , a man would think so ; but how long shall such a pension be made to continue payable ? monsieur . till the senate have done our business . governour . no longer ? monsieur . no longer , no : why do you think , monsie●r le governour , that my master intends to keep 'em in pay as long as they live ? governour . yes , and reason good too , i think , where a man must hazard his all to serve him . monsieur . perhaps some few may be so paid , as your self , and , &c. but my life for yours , my master knows better , than to continue his bribes to all of 'em : he loves the treason , but hates the traytor after he hath serv'd him ; as his usage to the governour of messina doth demonstrate . governour . what a fine condition had our last pensionary - senate then been in , according to this account ! but , sir , do you think that any gentleman will be prevailed with to betray his king and country , his life and fortune , his religion , his liberty and property , for a song ? monsieur . yes , believe it , yes : for you your self have made an observation on the late pensionary - senate , and that 's true enough : for those pensioners would have done all that , and a great deal more , and yet they were very honest gentlemen . governour . gentlemen , do you call ' em ! what and so qualified ! pray where 's their honour ? monsieur . pish ; that you of all men living should ask such a question ! why honour 's laid aside then : for such a man must have no fortune , no religion , no honesty , no value for his own life ; and such qualifications as these , goes far in our business . governour . you may expect from 'em long enough , i doubt , before you 'll find your business done by such men in these parts : perhaps more northernly such a thing might take ; but here — monsieur . why now i find you are totally against me . governour . no , no , sir ; 't is onely my unhappiness , that i cannot be rightly , understood ; i onely make objections for my own satisfaction : i am yours fast ●nough ; but you must allow me to scruple niceties sometimes ▪ monsieur . any reasonable thing , for your better information , is allowable . governour . why then suppose the pretensions of your maste● ( which you told me of just now ) to luxemburg , burgundy &c. should prove a fallacie , his interest in flanders thrown out of doors ▪ and by that means be put by those inroads and great advantages which he expects to have into the vnited , provinces : suppose they should have no regard to , but rather slight his protection : suppose he should , instead of taking in savona , genoa , and those other considerable places in them parts , which he now seems to have such a vigilant eye upon , and pretends such great right to , meet the lati● princes united , and in a considerable posture of defence , ready to oppose him : and suppose the dane , swede , brandenburg , &c. should ally with the emperour , the king of spain , the states general , &c. and suppose you find the malecontents of hungaria reconciled to , and under the protection of the emperour . what would his invading of england be worth then ? monsieur . o fie , monsieur le governour , you talk at ● strange rate now , and of such impossibilities , — governour . why suppose the hollanders , should send out a fleet of men of war , some to examine your masters power concerning the mountain which he is raising in the sea before dunkirk ; others to batter down the castle wh●ch he is building in the air at marselles , and to burn the ships both there and at tholose ? monsieur . these are more improbable , and but your own wandring surmises , without the least ground . ●ut allowing all those alliances , and much more , yet if they have not england in with 'em , we remain still s●cure . governour . how so ? monsieur . by our league ; which i am of opinion they will not adventure to break . then as for the emperour , though he should in heat strike up an agreement with the malecontents , still we can call the turk into his territories , as we use to do . governour . why , hath your master such an interest in the turk ? monsieur . yes , yes , an entire league : did you never hear of that ? governour . surely the devil is in him . well , go on , pray , sir. monsieur . why the turk will be able enough to divert the emperour , having our country to friend for all manner of provisions for war ; and as for those his allies ▪ my master will undertake himself . as for the latin princes , have we not the assistance of our holy father the pope , when my master pleases to require it ? and●s not casal our own ? and are not the latins most grievously vexed with the plague ? and is it not known to all the world , how various and different their interests are , like the princes palatine ? therefore i say , all these things well considered , any reasonable polititian would think that an army of horse and foot that are experienc'd , and well disciplin'd men , some for burning , others for pillage and plundring , being in the very bowels of an enemies country , should in a short time make such havock , and bring such an awe upon the spirits of the people , that they should be glad to take a protection , or a peace upon any terms . governour . why , but still there 's the spaniard , and — monsieur . the spaniard , all the world knows his poverty , and how unfit he is to d●fend either by sea or land ; and then his late match with madam , and some other as prevailing checks , which his necessities make him liable to , will divert him another way . but notwithstanding all that , let him strike up his alliance with the hollander , dane , swede , &c. which before they can bring to perfection , my master will have fetch'd in flanders in spight of their teeth . governour . nevertheless , i doubt your master has lick'd a bur into the throat of his policks , by having to do with so much potency at once , whose whole countries are at stake . and again , have they not at least two millions of friends ( the hugonots ) in the very heart of your masters country ; besides vast stores of men , money , shipping , and all other necessaries for war ? pray , sir , do you but state this to any reasonable polititian , and i 'll undertake he shall tell you , your masters affairs stand but in a bad posture ; and nothing less than , his total ruine can follow , if england be prevailed with to ally . monsieur . pish , why that can never be done . governour . no truely , i fear it very much : for i 'm sure if they do but consult policy and their common safe●y , it must bring 'em in , more especially at such a time as this is , when the greatness of your master threatens all the world with nothing but vassalage and destruction . monsieur . policy ! why pray when do you find english-men consulting of politicks , till it be upon the matter too late , or some great trouble or misfortune threaten them ? but besides , if they should enter upon such consults , perhaps it 's now too late : for d. de p. hath so much gain'd the ascenda●r , that if he please , there 's but few thing● can miss his party . governour . that 's in the north onely : but take my word for 't , the whiglanders are too numerous and stubborn , to be swayed by his interest , which runs so counter to their being . monsieur . however , his interest in the north joyn'd to that which is here , and the irish joyn'd to both those , will do the trick still , if well manag'd . governour . why i hope you don't intend all this during the kings life ? monsieur . yes but i do though , if my master should have occasion to invade england , as he had to take in strasburg : but if not , d. de p. does the thing himself of course , if he survive . and as for your observation just now , that my master hath two millions of hugonots in the heart of his country , i object against that as not true : for above the half of 'em are run away into other countries to shun the persecution , as they term it . and as for those which remain behind , my master is taking care they shall do him no hurt . but when i have said all this , and much more , how do you know but d. de p. has as great a number of dark-lanthorn roman catholicks here in the hearts of these kingdoms ? governour . truly all i can say , if it be so , is bad enough ; for according to that account , whenever your master pleases to invade us , the whiglanders , and torylanders too , may have their throats very decently cut by their own countrymen . but you were saying , more than half the hugonots were ran away ; and as for the rest , your master intends to take care they shall do him no hurt : pray what does he intend to do with ' em ? monsieur . burn 'em , cut their throats by way of massacre , as they call it ; it 's all for the good of the catholick cause , man. governour . oh , sir , 't is a bad cause which must be served by inu●dations of blood ; and your master must be a devil incarnate , that can endure to wallow in the blood of so many innocent subjects . for my part , ● cannot understand any reasonable excuse that can be made for him ; or why so many hundred thousands of souls should be made a sacrifice to his insatiate tyranny . monsieur . you 'l never leave , monsieur le governour , till you spoil all ; you are very much mistaken : 't is sore against the will and conscience of my master , that such cruel edicts should be publisht against the hugonots , but — governour . how ? sore against his conscience ? that 's still worse , why does he know it to be so , and yet persist ? pray who p●ts him upon it then ? mons●eur . why the jesuits , to be reveng'd for the persecution which hath been here against the roman catholicks . governour . say ye so ? blood ! revenge ! by the jesuits ! and does their religion teach 'em that ? monsieur . now you come with your querks and queries again ; why you know it does , as well as i do ; and that the thing which they call religion , is a constitution politick only of their own , which desires and delights in having the ascendant over , and influencing all the kings and princes in the world . governour . why our saviour christ taught no such doctrine , and yet they pretend to be his followers , and assume the name of iesus ; but do they influence your master ? monsieur . yes , and he moves now , and hath done so ever since the death of mazarine , that is , only by the wheel of their politicks . they are , and have been a considerable time , perswading of my master to quarrel with the pope . governour . what will they get by that ? monsieur . why they have had a great itching at the chair ▪ ever ▪ ignatius loyola's time ; and because they cannot come to it regularly , they hope to prevail with my master to set up a patriarc●ate in his own countrey , and to choose the patriarch out of their society ; but he sees into the bottom of this design , and will take better measures than to give them the upper hand of him , as they will be sure to have , should he comply with 'em in that affair . governour . how ? why is this the design ? this clearly alters the popes ecclesiastical government , and sets up a new model . these mens politicks will not only destroy both your master and themselves , but all that have to do with ' em . for according to their morals , no prince in the world can ever be safe that corresponds with ' em . monsieur . no , no , now you 're as much out again the tother ways ▪ pray let us hold to our business . governour . then pray satisfie me in this point ; if england should break the leagne with your master , and ally with holland , &c. monsieur . i 'le tell ye , we have a reserve for that ; for if we find england that way inclin'd , we have those which will u●dertake upon forfeiture of their heads , to throw a bone between them , and soon set them together by the ears . governour . how , what that way too ? that would be fine work indeed , and i'●● conscience feazable enough ! monsieur . 't is very certain , 't will be done if we find our league with england strain'd ; and i 'le ingage they shall be continued so too , till my masters work 's done . governour . how , will you engage for the continuance of a war ? how can that be ? monsieur . why there 's a certain bannocklander , who is said to have engag'd himself in the most sacred ties imaginable to serve my master ; and we are well assured of his care about officers , and state-ministers , so that in a short time , — governor . in a short time , the turk and your master will subdue the whole world , and divide it between ' emselves . monsieur . no , no , that 's your mistake again . governour . how then ? monsieur . why my master will have all or none : for though he may be constrained to use the turk , yet you may be sure he 'll give him polyphemus's law , devour him last , for he hates compet●tors . governour . but allowing a war between england and holland , a●d all your masters designs to take effect upon that , so as to give him the conquest upon both , pray what must d. de p. be ? monsieur . my masters vice-roy . governour . where ? monsieur . here in these kingdoms . — governour . and is that all he makes this bustle for ? for my part i cannot understand his politicks , for methinks it should be much better to be king , though of a limited monarchy , then to be vice-roy to a king absolute & arbitrary . monsieur . that 's true , but d. de p. has so over-acted his part , that he cannot arrive at neither , without my masters help . governour . so that now it seems he must be contented with what your master will give him . monsieur . give him ! no no , 't is supposed to be his own choice , as having declar'd , he would rather become a vice-roy to a forreign power , though the greatest tyrant on earth , than truckle to such who ought to be his slaves and vassals . governour . my thinks , 't is impossible he should speak such words . monsieur . 't is so reported , by those that pretend to know much . governour . then i have been doing fine things indeed , who have ●ct●d as for my own life to advance his interest , which as you say , now proves to be your masters . monsieur . ay , but 't is now too late to be sorry for that . governour . is it so ? well then over boots over shooes ; i 'le rather choose to die honourably , than live basely . monsieur . why that 's well resolved ; 't is meritorious , and you dye in the service of the church . governour . then 't is a bargain , but you told me i should have an account of your masters principal friend . monsieur . you shall know those in due time ; i have better considered of that , and therefore desire to be excused till our next meeting . adieu monsieur le governour , adieu . finis . the english states-man, the protestant oracle being the earl of shaftesbury's famous speech. shaftesbury, anthony ashley cooper, earl of, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing s estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the english states-man, the protestant oracle being the earl of shaftesbury's famous speech. shaftesbury, anthony ashley cooper, earl of, - . sheet ([ ] p.) printed by f.c., london : . two columns to the page. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng popish plot, . great britain -- politics and government -- - . broadsides -- england -- th century. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - judith siefring sampled and proofread - judith siefring text and markup reviewed and edited - pfs batch review (qc) and xml conversion the english states-man the protestant oracle , being the earl of shaftesbury's famous speech . mortuus loquitur vivâ voce . all good protestants , and true english-men are greatly obliged to that noble and generous soul [ whose famous speech you have here reprinted ] for those laws of the tests , of the habeas corpus bill , of the statute against quartering of souldiers , and for abolishing the writ de haeretico comburendo , for detecting of the horrid and hellish popish plot in the late king's time , who with undaunted courage exposed himself unto extreamest hazards whilst he alarm'd the parliaments and kingdoms of the imminent danger of popery and slavery from the contrivances of the then and still detested ministers of state , and pensioners of france , in conjunction with jesuited bloody papists , and in his endeavours to preserve the protestant religion , and the english government , whereby the liberties and properties of the subjects are most happily provided for and secured ; had it not been for this great man , the papists had found a much easier task to have effected their devilish design , and our total ruine ; therefore those who adore the eternal majesty of heaven , and highly honour the glorious instruments he uses for restoring our religion and laws , cannot read this speech without reflecting with delight upon the memory of this wise and great peer and patriot of this kingdom , and her little sisters : of this noble states-man , the non-such of his age , it may truly be said , no man deserved better , and no man was ever worse requited by many of his country-men ; but they have , or will change their opinions and characters of him , if they consider this amongst other the monuments of his true worth , of his own erecting , which time nor malice can never ruinate , whose epitaph may properly be , virtutem incolumem odimus , sublatam ex oculis quaerimus invidi : for those who whilst he lived ( whose mistakes time has rectified ) were his severe enemies , now he is dead , with reason and justice , are and will live and die his grateful admirers . the right honourable the earl of shaftesbury's speech in the house of lords , march , . you are appointing of the consideration of the state of england to be taken up in a committee of the whole house , some day next week . i do not know how well what i have to say may be received , for i never study either to make my court well , or to be popular ; i always speak what i am commanded by the dictates of the spirit within me . there are some other considerations that concern england so nearly , that without them you will come far short of safety and quiet at home : we have a little sister , and she hath no breasts , what shall we do for our sister in the day when she shall be spoken for ? if she be a wall , we will build on her a palace of silver ; if she be a door , we will inclose her with boards of cedar . we have several little sisters without breasts , the french protestant churches , the two kingdoms of ireland and scotland ; the foreign protestants are a wall , the onely wall and defence to england ; upon it you may build palaces of silver , glorious palaces . the protection of the protestants abroad , is the greatest power and security the crown of england can attain to , and which can onely help us to give check to the growing greatness of france . scotland and ireland are two doors either to let in good or mischief upon us ; they are much weakned by the artifice of our cunning enemies , and we ought to inclose them with boards of cedar . popery and slavery , like two sisters , go hand in hand , sometimes one goes first , sometimes the other , in a-doors , but the other is always following close at hand . in england , popery was to have brought in slavery ; in scotland , slavery went before , and popery was to follow . i do not think your lordships or the parliament have jurisdiction there . it is a noble and ancient kingdom ; they have an illustrious nobility , a gallant gentry , a learned clergy , and an understanding worthy people ; but yet we cannot think of england as we ought , without reflecting on the condition therein . they are under the same prince , and the influence of the same favourites and councils : when they are hardly dealt with , can we that are the richer expect better usage ? for 't is certain , that in all absolute governments , the poorest countreys are always most favourably dealt with . when the ancient nobility and gentry there , cannot enjoy their royalties , their shrevaldoms , and their stewardies , which they and their ancestors have possessed for several hundreds of years , but that now they are enioyned by the lords of the council to make deputations of their authorities to such as are their known enemies ; can we expect to enjoy our magna charta long under the same persons and administration of affairs ? if the council-table there can imprison any noble man or gentleman for several years , without bringing him to tryal , or giving the least reason for what they do ; can we expect the same men will preserve the liberty of the subject here ? i will acknowledge , i am not well vers'd in the particular laws of scotland ; but this i do know , that all the northern countries have by their laws an undoubted and inviolable right to their liberties and properties ; yet scotland hath out-done all the eastern and southern countries , in having their lives , liberties and estates subjected to the arbitrary will and pleasure of those that govern. they have lately plundered and harrassed the richest and wealthiest countries of that kingdom , and brought down the barbarous high-landers to devour them ; and all this almost without a colourable pretence to do it : nor can there be found a reason of state for what they have done ; but that those wicked ministers designed to procure a rebellion at any rate , which , as they managed , was onely prevented by the miraculous hand of god , or otherwise all the papists in england would have been armed , and the fairest opportunity given in the just time , for the execution of that wicked and bloody design the papists had : and it is not possible for any man that duly considers it , to think other , but that those ministers that acted that , were as guilty of the plot , as any of the lords that are in question for it . my lords , i am forced to speak this 〈◊〉 plainer , because , till the pressure be fully and clearly taken off from scotland , 't is not possible for me , or any thinking man to believe that good is meant us here . we must still be upon our guard , apprehending , that the principle is not changed at court , and that those men that are still in place and authority , have that influence upon the mind of our excellent prince , that he is not , nor cannot be that to us , that his own nature and goodness would incline him to . i know your lordships can order nothing in this ; but there are those that hear me , can put a perfect cure to it : until that be done , the scottish weed is like death in the pot , mors in olla . but there is something too , now i consider , that most immediately concerns us , their act of twenty two thousand men to be ready to invade us upon all occasions . this , i hear , that the lords of the council there have treated as they do all other laws , and expounded it into a standing army of six thousand men . i am sure we have reason and right to beseech the king , that that act may be better considered in the next parliament there . i shall say no more for scotland at this time , i am afraid your lordships will think i have said too much , having no concern there ; but if a french noble-man should come to dwell in my house and family , i should think it concerned me to ask what he did in france ; for if he were there a felon , a rogue , a plunderer , i should desire him to live elsewhere ; and i hope your lordships will do the same thing for the nation , if you find the same cause . my lords , give me leave to speak two or three words concerning our sister , ireland : thither , i hear , is sent douglas's regiment , to secure us against the french. besides , i am credibly informed , that the papists have their arms restored , and the protestants are not many of them yet recovered from being the suspected party ; the sea-towns , as well as the in-land , are full of papists : that kingdom cannot long continue in the english hands , if some better care be not taken of it . this is in your power , and there is nothing there , but is under your laws ; therefore i beg that this kingdom at least may be taken into consideration , together with the state of england ; for i am sure there can be no safety here , if these doors be not shut up and made sure . london , printed by f. c. in the year , . die lunæ, martii, . ordered (upon the question) by the commons assembled in parliament, ... england and wales. parliament. house of commons. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) die lunæ, martii, . ordered (upon the question) by the commons assembled in parliament, ... england and wales. parliament. house of commons. sheet ([ ] p.) printed for edward husband, printer to the honorable house of commons, london : . the house to be called on april. this to be printed and sent to the sheriffs, who are to give particular notice to members within their counties -- cf. steele. signed: h: elsynge, cler. parl. d. com. reproduction of the original in the british library. eng england and wales. -- parliament. -- house of commons -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no die lunæ, martii, . ordered (upon the question) by the commons assembled in parliament, ... england and wales. parliament. a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - pip willcox sampled and proofread - pip willcox text and markup reviewed and edited - pfs batch review (qc) and xml conversion die lunae , martii , . ordered ( upon the question ) by the commons assembled in parliament , that on this day moneth ( being the twenty fourth of april next ) the house be called : and it is further ordered , that this order be forthwith printed ; and that the knights and burgesses of the several counties and places , do forthwith send this order to the particular and respective sheriffs , requiring them to give particular notice of this order to the respective members within their several counties . h : elsynge , cler. parl. d. com. london , printed for edward husband , printer to the honorable house of commons . . by the king, a proclamation england and wales. sovereign ( - : william iii) approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing w estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) by the king, a proclamation england and wales. sovereign ( - : william iii) william, iii, king of england, - . broadside. printed by charles bill, and the executrix of thomas newcomb ..., london : . reproduction of original in the british library. "given at our court at kensington the seventeenth day of november, , in the ninth year of our reign." postpones the meeting of parliament from nov. to dec. , . created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng proclamations -- great britain. great britain -- history -- william and mary, - . great britain -- politics and government -- - . - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion w r diev et mon droit honi soit qvi mal y pense royal blazon or coat of arms by the king , a proclamation . for proroguing parliam t from . . nov. . to . . dec. next . . nov. . william r. his majesty having beén detained beyond the seas by contrary winds longer than he intended , and being desirous that there should be a full appearance of members at the opening of the next sessions , his majesty hath thought fit , with the advice of his privy council , to declare his pleasure , that the parliament which stands now prorogued to the three and twentieth day of this instant november , shall be then further prorogued to the third day of december next , on which day they are to meét and sit for the dispatch of divers weighty and important affairs . and all the lords spiritual and temporal , knights , citizens and burgesses of the house of commons , are hereby required and commanded to give their attendance accordingly at westminster on the said third day of december next . given at our court at kensington the seventeenth day of november , . in the ninth year of our reign . god save the king. london , printed by charles bill , and the executrix of thomas newcomb , deceas'd . printers to the kings most excellent majesty . . his maiesties answer to the declaration of both hovses of parliament concerning the commission of array of the of july . charles i, king of england, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing c ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing c estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) his maiesties answer to the declaration of both hovses of parliament concerning the commission of array of the of july . charles i, king of england, - . p. printed and reprinted by his majesties speciall command, yorke ; oxford : . reproduction of original in the harvard university library. eng great britain -- politics and government -- - . great britain -- militia. great britain -- history -- civil war, - . a r (wing c ). civilwar no his maiesties ansvver to the declaration of both hovses [sic] of parliament, concerning the commission of array. of the . of july. . england and wales. sovereign b the rate of defects per , words puts this text in the b category of texts with fewer than defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - ali jakobson sampled and proofread - ali jakobson text and markup reviewed and edited - pfs batch review (qc) and xml conversion his maiesties answer to the declaration of both hovses of parliament . concerning the commission of array . of the . of july . . printed at yorke , and reprinted at oxford by his maiesties speciall command . anno dom. . his maiesties answer , to the declaration of both houses of parliament , concerning the commission of array . having first received , by the published votes and declarations of both our houses of parliament severall informations of evident and imminent danger unto our kingdome , from enemies abroad , and at home , and finding that our commissions of lieutenancie ( although wee did since the beginning of this parliament grant the like for the county of yorke , to the now earle of essex , with the privitie of both our houses of parliament , and without exception from either ; and that the same was the meanes for defence of this kingdome used in the happy times of that good queene elizabeth , and our blessed father , and confirmed as well by the opinions of iudges and lawyers , as the universall obedience of the subjects ) were all of them , without hearing any of our councell learned , voted illegall , and by our house of peers called in to be cancelled ; and that thereupon our kingdome lay open and exposed to all dangerous attempts without other provision then of a late pretended ordinance of both our said houses ; which ( being made without vs , and contrary to our expresse will declared , and after it had beene twice refused in our house of peeres , and after the departure of a major part of the peeres ) was so farre from being a meanes to prevent danger , that if it should have beene admitted , it would in all probabilitie , have beene the ready way to confusion , and ruine , as being made in an unparliamentary , unpresidented , and unjustifiable way , and therefore of a most dangerous consequence , both to vs and our people , as well in that particular , as in the example . wee did therefore for the avoyding of the perill of delayes , and expence of time in disputes , issue forth such our severall commissions of array into our severall counties , as upon great advice , wee conceive were not only secured for , but also might well be most satisfactory unto both our houses , as being beyond all just exception in the point of legality , danger , or inconvenience , the same having beene heretofore most deliberately agreed upon , and settled ( as wee shall herein shew ) in , and by the care and wisedome of the parliament , held in the fifth yeare of king henry the fourth . and wee expected for this our so princely care of our people , and observance of our lawes , rather the dutifull thanks of both our houses , then the returne of such an answer or declaration as causelesly imputes to this our so well intended and justifiable an act , not onely ( upon mis-construction and mis-application of severall acts and declarations in parliament ) the taxe of illegality , but also marketh it ( upon the mis-representation of divers powers , and omission of divers limitations in our commission ) with the brand of extream danger , and inconvenience thereby to our people , and of an heavier yoke of bondage then either that of the late ship money , or any other charge taken away this parliament . in all which , for the better and further satisfaction of our well-affected people , and to save them ( if possible ) from incurring any danger either by obeying that ordinance , or disobeying our commissions , ( in both which we are resolved to require a strict examination and account ) we have taken the pains to examine the said declaration , and the objections therein against our commissions . and for the better understanding of the severall particular doubts which are now raised thereupon , we hold it necessary in the first place , to set forth the true end of these commissions , with the severall powers and limitations thereof , which by this declaration are drawne into question , together with the severall mis-representations thereof in this declaration . the subjects being of three sorts ; some having good estates , and able bodies ; others , being of good estates , but impotent ; others , able of body , but not in estate : and the service required , being for the necessary defence of our kingdome in generall , in the time of danger . the commissioners are to cause those of the first sort , to arme themselves according to their degree and estate , ( and serving in person , they are not bound by this commission to find arms for any others . ) those who ( having estates ) are not able to serve in person , are to be assessed , and may be distrained to finde arms for others , according to the quantity of their lands and goods ; but with this limitation , prout rationabiliter portare poterunt , & salvo statu suo ; that is , that they be charged but moderately , and so as they may live still , according to their former condition . as for those of the third sort , who are not able to arm themselves , by this commission , as it was altered by common consent in . h. . ( for it was otherwise before that time ) they are not ( as to this matter of arming ) medled withall . and therefore this part of the commission is mis-represented in the declaration . which supposeth a power given by this commission , to charge all men without distinction , with arms , at the discretion of the commissioners , without limitation ; and those that are able , to finde arms ; and such as are impotent , to finde men at arms , according to the quantity of their lands and goods ; and also wholly omits the manner of the charging them , which is to be moderately , and so as they may still live , according to their former condition the commission having thus , with equality , and indifferency , charged our subjects with provision of arms , it further provides for their calling together , training , and exercising , not ( as it is in the declaration ) generally at the pleasure of the commissioners , without restraint either of time or place : ) but that they shall be called together , ad certos dies & loca quos videritis magis competentes & expedientes , & pro populo nostro minùs damnosos ; at such times and places as the commissioners shall thinke to be most fitting and expedient , and least hurtfull unto the people . and having thus provided , for the arming and preparing our subjects for defence of the kingdome ; in the new place , the commission gives power to the commissioners , to leade them to the sea-coast , or else-where ; but not at the pleasure of the commissioners , ( as may be inferred out of the declaration ) nor without limitation , ( though omitted also in the declaration ) but the commission provides , that they are to be led to the sea-coast , or else-where , ubi ac quoties necesse fuerit ad inimicos nostros expellend . debelland . & destruend . cum periculum immineat ; at such times and places as it shall be necessary for the expulsion , vanquishing , and destruction of our enemies , when there shall be imminent danger . and it further provides , in another part of the commission , that they shall be conducted ; cum periculum imminuerit in defensione regni & patriae tam ad costerum maris , quàm alia loca ubi magis necesse fuerit , in case of imminent danger , for defence of the kingdome and countrey from time to time , as well to the sea-coast , as other places where it shall be most necessary . and although notwithstanding all these limitations and cautions , it be true , that in this charging of arms , as also for the times and places of calling together our subjects , and of conducting or leading them , and the dangers upon which they are to be so conducted and led , much is left to the discretion of the commissioners ( as it must of necessity in all commissions , where the places , times , and occasions of execution of them depend upon future accidents and circumstances , and cannot be certainly knowne , or described at the time of the issuing of the commissions . ) yet neverthelesse it cannot be inferred thereupon , that therefore our commissioners have a meere absolute arbitrary liberty of will to doe what they please . but that if they shall wilfully and unjustly grieve any of our good subjects , in exceeding or not observing our limitations or directions , they are , by law , clearely punishable by indictment for the same : nor are , or shall any of our subjects so grieved , be without remedy or reliefe . and to the end that every county , so farre as in vs lyeth , should have cause to rest the more assured against any evill usage and abuse ; by this commission wee have appointed for commissioners , such as have estates in the severall counties , and are persons of honour and reputation , who are not onely engaged to all fairnesse out of their owne interest , but also in the concernment of their posterity , kindred , alliance , friends , and tenants , and the good affection of their countrey , which to persons of such condition as they are , is of a consideration beyond their fortunes ; so that wee hope their forwardnesse in undertaking this trouble for the publike defence , will occasion in our good subjects , rather a willing obedience unto vs , then the least distrust or jealousie of any of them . having thus stated the substance of our commission , and prevented that mis-understanding , which this declaration might have else begotten thereupon ; wee ( in the necessary justification thereof , and vindication of our owne honour , against those expressions in that declaration , which so nearely doe concerne vs ( under the common name of evill councellors ) as if wee had violated our lawes , even those so lately made ; broken our often protestations of governing according to law , and done that which would bring our people into a slavery ) shall now joyne issue with our two houses , in every materiall part of their declaration , both in the consideration of the pretended danger , inconveniency , and illegality . and herein , first , for the pretended danger , and inconveniency so much urged ; wee do deny . that this commission is full of danger , or inconveniency to our subjects , or will bring an heavier yoke of bondage then the ship-money , or any other illegall charge , taken away this parliament ; or indeed , any danger or inconvenience at all . and therein wee appeale to each good mans conscience and reasonable understanding : in a kingdome ( as this is ) which in its fundamentall policy ( as well for its owne assurance , against the danger of forraigne aids , as the bad use that might bee made of great constant forces ( whether forraigne or native ) must necessarily be defended by it selfe : what other way of defence can be imagined but by the subject ? what more reasonable proportion of charging them can bee found ? wherein can the limitation of the ( otherwise arbitrary ) discretion be bettered ? or how , in any one particular , can a more equall & fitting way be taken for the avoyding the grieving our good subjects in their own particulars ? yet withall providing for the defence of our kingdome in the generall , then is by this commission ? and wee cannot but professe our wonder , that since ( as wee shall shew ) this very commission was with so much care , both in respect of the commissioners , and the powers of execution thereof , over the persons to be commanded , allowed , and setled in all points , to the very desires of the people ( and that in parliament ) in the fifth yeare of king h. how such danger , inconvenience , and bondage , can be by our two houses imagined in this act of ours , without violating that rule , so often urged by them ( though not so properly applyed to them without vs ) that a dishonourable thing ought not to bee imagined of the parliament . and it is as strange to vs , that all this should happen by this commission , and yet that our subjects should , for so many yeares past , have enjoyed so many happy dayes in the reigne of queene elizabeth , and our father , both of blessed memory , under the provision of lieutenancy , which is agreed by this declaration to be little differing from those of the commissions of array in the powers . and lastly , wee demand , whether the persons appointed over the militia by our houses of parliament , have not , by their pretended ordinance or orders , most of those powers ; nay , some greater over the subject , in this matter of the militia , then are in this commission ? and how they themselves can imagine these powers to be of a better nature by their authority , then they are by ours ? and as to this taxe of danger and inconvenience , as in the generall it did require no answer at all , ( though for the satisfaction of our people , wee have therein thus enlarged our selves ) so for that particular of the yoke of bondage thereby , in making it heavier then that of ship-money , since they have not shewed in what particulars , wee shall say no more but this : that by this commission no money at all comes to vs , or to our dispose ; nor is any money appointed to be raised , but onely arms provided : and the arms which our subjects are charged to beare or finde , are to bee their owne proper goods ( which sir richard hutton , in his argument in print against the ship-money , well observed , and thereby differenced the providing of arms , and payment of ship-mony ) and are provided once for all , and not yearly to be renewed , as taxes for money might bee , and remaine in their owne custody , and for their owne defence as well as ours . wee shall now proceed unto the next generall issue , touching the pretended illegality of our commission of array , and shall justifie the legality thereof by common law , and by the practise of former ages conforme to it ; and by statutes in the very point against all the severall pretences mentioned in the declaration , whereunto wee shall give particular answers . and wee shall first begin with the common law , whereunto the declaration saith , this commission is contrary ; and therein affirme , that this our commission is warranted by the very fundamentals of our government , and ( as vvee said in our late proclamation ) the right of issuing thereof is inherent in our crowne . for since ( as wee hope none will deny ) the kingdome must of necessity be ever in readinesse ( in time of danger at least ) by power of arms to prevent or suppresse rebellion at home , and invasion from abroad ; and to that end the subject must be armed and prepared before hand , and conducted after , as there shall be occasion : and that this cannot be done without a command or government , wee desire much to know in vvhom , out of parliament , ( for parliaments are not alwayes , nor can bee called at all times , or meet on the suddaine ) this power can be but in vs as the supreame governour ; ( as it is in all other states , be the persons of the governours one or more , according to the forme of each state ) and can the supreame governour , according to his duty , and our selfe more particularly , according to our oath , otherwise afford our people that protection which is due unto them , in maintaining to them the lawes in the matter of property and liberty against private injury or oppression , as well as our selfe , and them , and whatsoever is deare unto any of vs , against enemies or rebels , especially the just rights and prerogatives of our crowne , wherewith god hath trusted vs , ( according to the fundamentall and well-established policy of our state ) as well for the peoples good as our owne honour , both which must bee preserved ; and will any man say , that by calling of our parliament , ( which is but a meeting of vs and our subjects , ( and such they continue as well collectively in the two houses , as they were before singly ) and a meeting in its owne nature dissolvable at our pleasure ; and though now enlarged by vs in time , yet not in power ) wee are growne lesse , or departed with any thing to them either by way of abdication , or communication of our royall power ? this upon the common principles of reason and government is so obvious to every man , that wee shall for the present proceed no further therein , either by quotations of acts of parliament , or other legall authorities , ( some whereof wee have recited in our late proclamations ) till our two houses shall give vs some justifiable instance of some good time to the contrary . wee come next to the continuall practice by vs alleadged ( being alone sufficient to declare an originall fundamentall law of our kingdome , or at least by a tacite consent to introduce a law ) and to this purpose wee shall shew that the power of granting commissions for the defence of the kingdome in the generall , whereunto onely wee applyed and doe apply the opinions of sir richard hutton and sir george crook ( not meaning therein , as neither in our proclamation ( as is clearely mistaken ) the present forme setled by . h. . ( which wee our selves declared , was made upon alteration ) though for the substance thereof wee might have said so much , and made it good , as it appeares by the marginall quotations ) is warranted by the presidents in former ages . and this practice , the penner of this declaration doth indeed not deny ; for having before confessed the often issuing of commissions of array , after . h. in the times of h. . h. . and h. . ( and hee might have brought it to later times , if hee had so pleased ) he doth afterwards confesse , that divers commissions of array issued in divers kings reignes before . h. . but as to this point of practice before . h. . hee saith by way of answer , that for the most part they were warranted by particular acts of parliament . and yet amongst so many presidents of severall commissions , he gives instances onely of two yeares in . & . e. . of commissions of array then issued , warranted by act of parliament . which , if true , doth no more disprove the legality of other commissions of array , constantly issued without a parliament , then it doth of commissions of oyer and terminer ( which at the same time in . e. . together with the commissions of array , were appointed to issue to the same persons ) or of any other act , which the king doth by the advice of his parliament , though he may do it without them : rather it implyeth the legality , and the former usage of such commissions of array , in that it appoints such commissions to issue , but limits not at all the particular clauses or powers to be inserted therein , as a thing known and usuall to be done . but the truth is , both the presidents do concerne the drawing of men out of the kingdome to a forraign warre ; and so are nothing to the purpose wee have in hand . and that of . e. . is not at all a commission of array , but of another nature , giving power to the lord vvake , and others to provide moneyes , and to cause certaine persons there named , who had particularly undertaken the service of the scottish warres , leur arraier & appareiller d'aller vers , newcastle : to array and prepare themselves to goe to newcastle : ( whither they were to be brought at the charge of the counties ) and to be there at a time appointed . having thus set forth the continuall practice of issuing forth commissions of array in former ages ( whereunto wee never found , till now , any exception , as for home-defence ) and the absolute necessity thereof , wee doubt not but every indifferent iudgement will easily conceive , that this power is a right vs by by the common law . and the rather , when they shall consider , that a commission of array having beene issued by the king in . h. . the commons in parliament , that yeare did not except to any part thereof as illegally , no , not to the clauses , which seemed heavy over the commissioners ; nor did except at all to any the powers of execution thereof over the persons to be commanded , but did acknowledge the royall assent , for the amendment , and alteration of that commission into the now present forme , to be an act of great grace . and herein wee cannot but admire , that the penner of this declaration should urge it as a reason why the commons in that parliament of . h. . complained not for reliefe against the commission in the powers of execution over the persons to be commanded , because ( as hee supposeth ) they knew that they were so clearly against the late statute of . h. . whereas ( if it had beene so ) they should the rather have complained , because they issued against so late a statute , so cleare in the point , ( unlesse the policy and temper of the times be since much altered ) for in a matter of so high a nature as the powers of this commission , which ( as this declaration confesseth ) did surely most concerne them and the kingdome , they were bound , as well in duty as discretion , to have sought remedy against so great a violation of the law and liberty ; and the rather at this time , when they thought fit to petition against part of the commission , since an exception but to a part , especially by him , who ought to complaine against the whole , is a violent presumption of his allowance of the residue . wee come now more particularly , to the examination of this our commission , as it stands by statute-law , and herein ( as in the matter principally insisted upon in the declaration to be disproved ) wee do affirme , as formerly in our proclamation : that this our commission is warranted by parliament , in . h. . and to this purpose , wee do observe ; that this declaration doth confesse , that the record in the parliament of . h. . concerning the commission of array , is an act of parliament ; and that the question is now onely about the meaning thereof , whether the parliament meant thereby , onely to take away some penall clauses touching the commissioners ; ( as the declaration affirmes , to which purpose onely it alloweth it for an act ) or else to settle also the powers of execution thereof , over the persons to be commanded , as wee affirme . and therein ( as wee do agree ) that at the first , the complaint of the commons , was onely in respect of some clauses & wordes therein , which were greivous , and dangerous to the commissioners : so it cannot be denyed , but that afterwards the copie of the commission so complained of , was delivered by the king to the commons , with an expresse generall liberty ( without any restraint ) to correct it according to their owne mindes , and thereupon the commons did make use of that further liberty , and corrected the copy , in divers materiall clauses , and words which concerned the powers of execution , as well as those , which concerned the commissioners ( though the contrary be strangely affirmed by the penner of this declaration ) as may appeare more particularly by the clauses following , wholly omitted by him . . first , the copie gives power , ad armari faciend . omnes illos qui de corpore sunt potentes & habiles ad armand . tam illos qui de suo proprio habent unde seipsos armare poterunt , quàm illos qui non habent unde seipsos armare poterunt ; to cause to be armed , all those who have of their own thereby to arme themselves , as well as those , who have not wherewith of their owne to arme themselves . which last clause , concerning the arming of those , who are able of body , but not in estate ( being such as are by vs before reckoned amongst the third sort of our subjects ) is wholly omitted in this commission , as it now stands corrected in . h. . . the copie , as concerning the assessing , and distraining of all those who are able in their estates , but not in their bodies , goes therein thus ; ad inveniend . juxta quantitatem terrarum & bonorum suorum , & prout rationabiliter portare poterunt , salvo statu suo , armaturas hominibus ad arma , & hominibus armatis , & arous , & sagittas sagittariis sic arraiatis & triatis , qui non habent armaturas arcus & sagittas de suo proprio , nec unde armaturas , arcus , & sagittas emere & providere poterunt , & ad contribuend. expensis omnium illorum qui sic laborabunt pro defensione dicti regni nostri , tam infra dictum com. nostrum quàm extra , quandocunque indiguerit ; ita quòd illi qui morabuntur , &c. for the finding of armes , according to the quantity of their lands and goods , and as they may reasonably beare , saving their degree , for men at armes , and men armed ; and bowes and arrowes for archers so arrayed , and trained , which have not arms , bows and arrows of their owne , nor have wherewith they can buy and provide arms , bowes , and arrowes ; and to contribute to the expences of all those which shall so labour for the defence of our said kingdome , as well within that our county as without , whensoever there shall be need . all which , as may appeare upon the comparing , is much beyond that commission of . h. . as it was entred after the correction . vpon these proceedings in . h. . the corrected copie being presented to the king , with a prayer by the commons ; that from thenceforth forward , no commission of array should issue otherwise , nor in other vvords , then was contained in the copie so corrected , &c. an act was thereupon made by the kings royall assent thereunto , by the advice of the lords . and thus upon the whole record it is cleare , that in the litterall sence the commission is fully enacted in the whole ; and we do not observe that to be denyed in the declaration . and the art of the penner seems to be spent onely concerning the intent of the parliament , in labouring to prove , that the commons meant nothing in the act , but the taking away the penall clauses and words concerning the commissioners . and the argument is drawne onely from the end of the statute , which the declaration saith was onely for the security of the commissioners : and this the penner goes about to prove : first , from the complaint , as being no more . secondly , from their amendment of the copie , as being onely concerning the commissioners . thirdly , from the prayer , being to the same purpose . fourthly , out of the occasion , as supposing the act necessary on the part of the commissioners , not on the , part of the persons to be commanded . lastly , out of the subsequent practice of issuing commissions , that there never went out one agreeable with the copie so corrected . and herein , to justifie this our sence on this act of parliament of . h. . and withall , to shew the errours and mistakes of the declaration in frame of the argument to the contrary ; the state of the case stands thus briefly . the commons complained but against the penall clauses upon the commissioners ( which wee agree ) at first ; but afterwards , the king left them at liberty to correct the whole , as they pleased . and now they alter their minde , and doe not rest in correction of those penall clauses upon the commissioners , according to their first desire , but ( as it is plaine upon the compare of the copie , as it was corrected , with the commission formerly issued , the not observing whereof was the great mistake , that doutblesse now mis-led our two houses ) the commons likewise ( as wise men ) who would not wave the advantage of a proffered favour from the king , did correct the commission also in the powers of execution over the persons to be commanded : and thereupon the corrected copie being presented , and the commons expecting , that even presently ( for there was then occasion ) and often afterwards commissions of array would ( as they did in truth ) issue forth , did pray not only for the indemnity of the commissioners , which had bin indeed but answerable to the first complaint ; but in the first place , they made their prayer in these words ; that from thenceforth forward , no commission of array should issue otherwise , nor in other words then is contained in the said copie ( so corrected ) this now being apparently the true state of the whole case ( cleared from all mistakes ) we think it so plaine , that it requireth no further argument to manifest , that the intention of the parliament , was both to settle the clauses concerning the powers of execution , and the clauses concerning the commissioners . thus then wee passe over to the answer of the objections . first then , for the first pretence , that the complaint was solely on the behalfe of the commissioners , wee agree it to be true , and perhaps the commons had no further thought at the begining , nor till after an occasion given by the offer of the liberty for a totall reformation : but then they might desire an alteration accordingly . for the second pretence , ( which destroyed , makes an end of the question ) that the commons made no amendment in the powers of execution over the persons to be commanded ; it is apparently mistaken , as appeares by the particular instances before mentioned . for the third pretence of the prayer , ( which came not till after the commission was in all points so as before corrected ) that the commons did not desire any amendment or declaration concerning the powers of execution , that is also mistaken ; for having made those severall amendments , in the very first place ( before any particular desired on the behalfe of the commisisioners ) their prayer is as generall , as their amendments , that from thenceforth forward , no commission should issue otherwise , nor in other words , then is contained in the said copie . for the fourth pretence , that it was unnecessary to take care of the persons to be commanded , because that the powers of execution over them were against . e. . cap. . . e. . cap. . and . h. . cap. . and that the commissions of that kind were then so lately damned in . h. . wee answer , that if it were so , there was the more necessity for them to complaine , as we have shewed before . but in this also , though it be needlesse , we shall herein further cleare our commission from those statutes . as for the occasion of reliefe for the commissioners more then for the persons to be commanded , we say , the commons could not but know that there was no more occasion for the one , then for the other : for the same law of . h. . if it had ( as is pretended by the declaration , ) expresly damned the commission as unlawfull in the powers , that ( without more ) had apparently , to every common iudgement , sufficiently secured the commissioners against all refusalls ; and in truth , the persons to be commanded , being most of them of the lower sort , had more reason to feare the commissioners , then the , commissioners , being men of power , had to feare any trouble by fine or imprisonment , or otherwise , from any of the courts above , especially in a time when parliaments were so frequent . for the last pretence of contrary practice , our answer is : first , we deny this ( which the declaration affirmes ) that though many commissions of array did issue out after . h. . yet none of them did agree with it in words and matter : for we say , that divers commissions were the very same , saving in those things which were necessarily , and as of course , to be changed , as ( amongst others ) may be seene in the after times of king henry the fourth . and as unto the pretended contrary practice , wee agree that it is true , divers commissions of array did issue out , which do vary from this statute of . h. . yet wee deny that they must be therefore contrary to it ; for ( however upon the commission of h. as it was corrected in the severall clauses in such manner as before ) it is enacted that from thenceforth forward no commission should issue out otherwise then is contained in that copie ; yet it is most evident notwithstanding , that the meaning of the law could never be to tye the king to the very words of that copie ; for then at all times the commissions must have begun with rex , &c. and not carolus , or regina , and ended with the same teste for time and place , and just the same preamble of danger , be it true or false ( whatsoever other occasion had been ) must have been meant to be expressed ; all which are absurd . and in this , as in all acts of parliament , as well as in wills , the intent clearly and necessarily appearing out of the act it selfe , is the law , which in this case was not so much to tye to the very identicall words , as , that the king should not issue out any commissions of array which should exceed this which was so settled by any further penalty on the commissioners ; nor in the powers of execution upon the persons to be commanded ; which sence appeares in this , that in such a case it could never have been meant , that the powers of execution of the commission , being severall , as to array , assesse , arme , traine , muster , and conduct , and all these not necessary on all occasions , nor all alwayes equally fit to be entrusted to the same persons , that the king should be bound at all times unnecessarily to command the execution of them all , and equally to entrust the same persons with them all , as he must have done in case the act had beene litterally to be expounded in each title . the truth is , many commissions did vary , yet still were warranted , as not exceeding that of . h. . in the powers . as sometimes granting but part of them , when there was no cause to use all ; as also , some varyed on the occasion , as sometimes providing against an invasion , in this or that part onely , sometimes more generall throughout the kingdome : and lastly , it is true that some were upon occasion of rebellion , for which there is as much cause as against a forraign enemy , for those commissions are not against . h. . which was a president , onely for the power of execution of commissions of array ( whatsoever might be the necessary occasion to issue them ) and as this particular commission sent forth in . h. . and thus after corrected , was on the occasion of the feare of the french , and therefore was upon that accident made onely as against an enemy ; so if according to former practice the like had then issued in case of rebellion ( in which case perhaps rebellion had beene mentioned as the cause ) then the suppression of rebellion might have beene inserted in this president , and then the argument might have beene at this day used as well against the warrantablenesse of this commission in case of invasion . and as to the president of the commission of array in . h. . cited in the declaration as not agreeing with that of . h. . neither in words or matter , we conceive it is in substance warranted by it : for there the king ( upon occasion of the french being in piccardy , ready to besiege some of his forts there , and hearing that they intended to come to aide the vvelch , being then in rebellion ) sends out his commissions into kent , somerset , and other counties , to array , train , and arme the inhabitants there , to the end they may be ready , as well at the sea-coast , as else where ; where , and as often as there shall be necessity for the expelling , vanquishing , and destroying of those enemies when there shall be imminent danger , as in such case had beene accustomed . but he thinks not fit to give to them the power of conducting them ( which is the commission of . h. . ) but shortly after , upon information of an intention of the vvelch to enter into england , a commission issues to sir thomas barkley touching some of these counties and others , not , to array and arm the inhabitants , for that was done before , but ad supervidendum , to see that they were sufficiently arrayed , according to their estates ; and to lead them as often as it should be needfull for resistance of the rebels . so that as wee conceive , the powers which were put together in . h. . are here severed ; but there is nothing in either commission which exceeds or crosses the powers settled by the commission of . h. . though if it did , it might prove the illegalitie of those ; but nothing against the legality of our commissions . and if other particular commissions had been produced , and the differences particularly observed , wee should have beene the better able to have applyed our answer thereunto ; and in the meane time , wee looke upon all such commissions , as regulated , and warranted by this act of . h. . and in pursuance thereof . notwithstanding , if some commissions can be produced , which are not warranted by . h. . yet that will be no sufficient argument to prove , that this of . h. never meant to settle the powers of execution , for there is no doubt , but in so long a processe of time , as since . h. there may have beene some deviation contrary unto the act , the same having not at all times beene remembred , as perhaps also may be in the clauses concerning the commissioners , which yet we are sure our two houses will not allow as an argument against the force of . h. . as allowing it to be an act concerning them . we might further adde the opinion of sir edward cook , ( whose great learning and affection to the rights and liberty of the subject are not unknown ) who in his treatise of the jurisdiction of courts ( being one of those books since this parliament desired , or directed by the house of commons to be published ) expresly declares , that this act , touching a commission for arraying and mustering of men , is at this day of force . but if any man be yet unsatisfied with so cleare reasons on our part , and in our answers , we shall conclude upon him with the authority of the whole parliament of . h. . rot. parl. n. . within two yeares after this our commission was settled , when probably many of the same persons were members of both the parliaments , whereby it appeares that this act of h. . is so binding as unto all the powers of execution over the persons to be commanded , that the clergy ( who in former times had used to be arrayed amongst themselves by writ or commission to the bishop or arch-bishop ) were bound , as within the body of that commission so settled by parliament . and they thereupon , in that very parliament of . h. . are excepted out of this very commission of . h. . which is therein mentioned ; and it was then enacted , that from thenceforth the clergy be not any wayes charged amongst the laity for the making of any such array , nor for any contribution amongst the laity for the same . having thus clearly settled this record of . h. . as a full act of parliaments , well concerning the powers of execution over the persons to be commanded , as the taking away of the penall clauses over the commissioners , there is no further necessity , as to the matter in question , to consider whether or no that this commission in all or any part thereof be contrary to any of the former acts of . e. . . e. . cap. . . e. . cap. . & . h. . cap. . so much insisted upon in the declaration . for that in such case , the act of . h. . being the latter had beene a repeale of them for so much . neverthelesse , for the further satisfaction of our people ( as being desirous to omit nothing which may be done on our part for the clearing of the justice of our actions ) wee shall also examine those statutes so farre as they are made use of in this declaration . and therein we professe the difficulty hath been more to finde out , then to answer the inference made upon these statutes . for the declaration reciteth the statute of . e. . to bee a particular assize ( or assessement ) of arms , both in respect of the kinde of armes to be found , and the proportion of the estate of every man , after which they are to be found , downwards from pounds in lands , and marks in goods : and reciteth the statute of . e. . that no man from thenceforth shall be charged to arme himselfe otherwise then he was wont in the time of the kings progenitors ; and that no man be compelled to goe out of his shire , but where necessity requireth , and sudden comming of strange enemies into the realme . ( whereupon it is taken for granted , that the statute of . e. . was a provision of armes for defence extraordinary , and that this statute of . e. . was meant with reference thereunto ) and also reciteth the statute of the yeare of e. . ( as to be to the same effect with the former ) against the constraining men to finde men of armes , hoblers , or archers , without consent and grant made in parliament . and lastly , reciteth the statute of . h. . ( which confirmes those two statutes of . e. . and . e. . ) and immediately thereupon makes this conclusion which followes ; that by these acts ( not distinctly applying the severall matters to the severall statutes ) it clearly appeares , that the king could not , by the law , give power to impose armes upon the subject , ( which the declaration calleth sometimes finding of armes , sometimes finding men at armes , all of different sences ) or to compell them to be drawne out of their counties : which afterwards , in stating the case , is expressed thus , that the subject was not compellable to finde any other arms then was declared by those statutes , or to go out of their county , but in case of actuall invasion by forraigne enemies . against which this commission is said to be . but for our clearer passage in this businesse , we shall single out the severall statutes , with the objections ( as wee conceive ) intended upon each of them . for the better understanding whereof we shall distinguish of the principall termes in this question used in the commission , and severall acts of parliament . first then , as for the words of arming a mans selfe used in the commission ( as also in the act of . e. . ) they are litterally to be taken for the providing of armes for a mans owne person , wherewith hee is to serve as a souldier , either horse-man or foot-man , of what kinde soever ; and the finding of armes for others in the commission , is but the finding the bare armes , without providing the men , and are so to be taken here , ( in whatsoever sence they may be taken else-where , ) as may clearly appeare upon the very reading . and as for the words ( finding of men of armes , &c. ) which are the words used in the statute of . e. . they are usually and properly enough taken for the setting forth of souldiers , the paying of their wages , or contributing towards either of them this then being the sence of the words , wee now proceed to the statutes , and apply them to the two objections ; the one against imposing of arms , the other against carrying out of the county : and first concerning the statute of . e. . thereupon the objection against the power of imposing of armes is this . this statute appoints a particular assize for the kindes of armes and proportions , as before . but our commission doth give power to assesse for the kindes ( any armes ) and for the proportions , according to each mans ability ; ( which the declaration termes to be without limitation and at pleasure ) and so is contrary to this statute . to this wee answer ; that that statute of . e. . ( besides that it is but an affirmative statute , ) was made onely for the ordinary defence of the kingdome , for the preservation of the peace at ordinary times ; and was not intended as a provision of armes for defence extraordinary : but that for the publique defence in time of danger , the king might , and must charge other armes , and other proportions , according to the exigency of the occasion . both which appeare together , if wee consider that the provision in that statute mentioned ( which might be of use for the peace ) is very insufficient for the service of war : for we cannot but observe the pettinesse of the armes , even according to the use of that time ; for he that was rated highest by that act , was to finde but a hawberge , ( which in that place signifies a gorget ) a breast-plate of iron , a sword , a knife , and a horse : and others but gisarms ( which were pike-staves ) knives , and other lesse weapons . and yet at that time there were men at armes , which were horse-men of compleat armour , hoblers , which were light-horse , and there were pikes , lances , pole-axes , and other weapons commonly used for warre . and no lesse considerable is it to this purpose , that for the charge of this defence no man of what estate soever , is by this act charged above the rate of pounds in lands , or marks in goods , and he that hath pounds in land , or marks in goods , is charged as high as the greatest : which is not to be imagined in case of provision for defence extraordinary . and to cleare this further out of this , and other acts ; it is plain , that this very act expresseth it selfe in these words , that every man have in his house harnesse to keepe the peace : and appoints those who are thereby assessed , to pursue hues and cries after theeves and robbers , ( which went in those times with great strength , and in multitudes ) with their horses and armour . and the old articles of inquiry upon that statute , being made in the same kings raigne ( and to be seen in the statute-books ) tend onely to inquiry touching the keeping the peace : as whether all men betwixt the age of fifteen and sixty be sworn to keepe the peace , and whether they have weapons in their houses according to the quantity of their lands and goods , for conservation of the peace , according to the statute . and the statute of . e. . cap. . renewes this statute of . e. . in these words : item , as to the keeping of the peace in time to come , it is ordained and enacted , that the statutes made in time past , with the statute of winchester , shall be observed and kept in every point . and strange it were to imagine , that the wisdome of a parliament , in the matter of arming of the subject , made no greater or better provision against an enemy , then against a theefe , or a rogue . and it is not so proper to charge the subject at all times in the same manner and proportions as in times of danger . and lastly , for further clearing this our exposition of that statute of . e . wee say , that although ( as wee have already shewed ) the commissions of arrayes did , from the time of making the statute of . e. . frequently issue both before and since the statute of . h. . yet none of those commissions were regulated by the statute of . e. . but either they were ( as commonly ) for arming them according to mens degrees & abilities , without mentioning the statute of . e. . or , where any did expresse the quality and proportion of armes to be found , they varyed from the statute of . e. . and appointed other kinde of arms , and differenced and proportioned the estates of those who were to finde armes , otherwise then is mentioned in that statute : and sometimes with an expresse declaration , that the statute of . e. . was made for the conservation of the peace in a time of peace , when there was no danger of a forraigne enemie . and though some use might be made of those armes appointed by that statute in time of danger , as well as any other weapon : yet the same was not that kind of armour , which was principally intended as fitting for such defence ; as may appeare by the presidents above cited . and the constant practice in all after ages for defence extraordinary hath ever been with other armes , and after other proportions , as wee beleeve will not be denyed by any man . wee come now to the statute of . e. . whereupon the objection stands thus : that the statute of . e. . having made such particular assize of arms ( as before ) for the kinds and proportions , this statute doth ordaine , that no man from thenceforth shall be charged to arme himselfe otherwise then hee was wont in the time of the kings progenitors : meaning ( as the declaration takes it for granted ) according to that former statute of . e. . to this wee shall give this answer : that ( as wee have proved before ) . e. . was never meant as of a provision for defence extraordinary : and much lesse that the statute of . e. . could intend any such thing . and as the penner of that declaration cannot therein shew any expresse reference to that statute of . e. . and can , at the most , but barely conjecture it ; so on the other side , wee shall out of the penning and otherwise upon surer grounds conclude the contrary . for first , in this case , regularly , if not necessarily , ( where a later statute in the substance and meaning thereof wholly depends upon a former , and must have reference thereunto ) the parliament of . e. . would have made mention of this statute of . e. . ( as they did thereof ) the next yeare following , when it was renued , but for keeping of the peace . next , in wisedome it was fitting ( if so be that they had intended a further re-establishment of the particularities of the kinds and proportions of armes mentioned in . e. . ) that when they had a former statute so punctuall therein , they should not have thus left us for a true understanding of their meaning , to a generall enquirie of the particular assize used for armes in former times . but on the contrary , the statute referring to the former usage , in the times of the kings progenitors ( which being indefinitely spoken , wee conceive , must be understood of all kings times , as well before as after . e. . ) the usage therein meant is but consuetudo angliae , the common law : and the parliament could not , in all probability , in the mention of so ancient an usage , intend so late a statute as this of . e. . which was but new in the particularity of the assize , though antient in the rule of charging , according to the quantities of every mans lands & goods , the former assizes having been also different : nor ( considering that of necessity , the severall kindes and proportions of armes ever did , and must vary with the times ) could they intend , that there ever was , for the times past , or could be for time to come , any such constant rule of any such particular assize concerning armes , whereunto they could refer , as constantly used for the times past , or that might constantly endure for time to come : neither ever was , or can there be any other constant rule , then that generall rule of the common law ( which can never faile ) for the assessing armes from time to rime , for the kindes , according to the present use ; and for proportions , according to mens abilities . and it were very strange , that the parliament of . e. . could conceive , that ( for the defence extraordinary ) the particular kindes of arms in . e. . especially such petty provisions , could be proper and sufficient at this time in . e. . and would so continue afterwards . and now that we have cleared this first part of the statute of . e. . ( as concerning the arming a mans selfe ) that it is not thereby intended , that the subject should not be charged with armes , otherwise then according to the statute of . e. . we shall deliver what our selves conceive of the meaning thereof ; and it is thus . towards the end of the reigne of e. . severall commissions of array , issued into severall counties ; in execution whereof the commissioners had much grieved and oppressed the subjects : insomuch , that upon complaint , speciall commissions of oyer and terminer ( usuall in those times ) were sent forth for the enquiry after those grievances and oppressions . and although it doe not appeare what those were , yet since the complaint was not against the commissions themselves , as illegall , wee cannot conceive otherwise , but that it was against the wilfull excesse of the commissioners , in their surcharging the subjects with armes beyond their abilities of estate to beare , ( as charging a man as a horse-man , where it had beene sufficient for for his estate to have borne armes as a foot man , and the like ) contrary to the tenor of the commission . but this course producing indeed little effect , in the time of king e. . partly out of the favour , which it is likely the commissioners did finde , and partly by reason of the short remainder of his reign , there was just occasion , both for complaint and reliefe in this next parliament of . e. . and though the particulars of the petition in . e. . and the answer out of which ( according to the manner of those times ) the printed act was made , doe not appeare , for the want of the roll of that parliament , yet wee may well judge thereof upon this occasion , happening within the compasse of about one yeare before , and thereupon conclude , ( as for the true meaning of that act ) that the provision intended to be made , was onely against the excesse of the commissioners ; which rather justifies , then any way disproves the lawfulnesse of such commission . and so the sence of the act , applyable to the complaint , will be , that whereas the commissioners had over-highly taxed the subjects , the act provided , that they should not be otherwise charged , then as they had been in the times of former kings ; and ( according to our commission ) moderately , and so as they might live still according to their former condition : as in like case of other statutes against outragious distresses and amerciaments . and although wee take this to be the sence of that statute , yet if any man shall thinke this part of the statute of . e. . concerning arming a mans selfe , to be the same with the words of the statute of . e. . against constraining any man to finde men of armes , &c. ( which is the sence of this declaration , which makes both statutes to be to the same effect , and makes the inference against our power of imposing armes upon them both ) we shall not contradict him therein , being confident to make it evident , that this commission is no way contrary to the words or meaning of that statute of . e. . but before wee come to that statute , wee shall make one observation upon those statutes of . e. . & . e. . both together : and thereupon shew , that in the judgement of the whole parliament of . h. . ( whose authority is chiefly insisted upon in this declaration ) our commission is no way opposed by either of those statutes : and it is this : it appeareth , that the late issuing of the commissioners , complained of in . h. . ( which the declaration supposeth were of the same nature with our commission , but wee deny it ) was the occasion of the petition of the commons in that parliament . in which petition , they intending to shew the illegality of those commissions , and to obtaine ( as they thereupon did ) a confirmation of former acts to the contrary , do recite the statute of . e. . . e. c. . and that part of the statute of . e. . which is against carrying of men out of their counties ; and yet neverthelesse they wholly omit this statute of . e. . and this first part of the statute of . e. . concerning the arming . whereas it is to be presumed , they would have also recited this statute of . e. . if they had conceived the same to be ( as this declaration sets it forth ) the certaine assize for armes , and such a statute whereto all the rest had reference , or any way materiall against part of these commissions . but howsoever making use of the later part of the act of . e. . against carrying of the subject out of the county , they would have made use also of this part of . e. . concerning the arming , and desired a confirmation thereof , as well as of the residue ; and not thus purposely rejected it , if so be they had not , upon consideration , first resolved , that that part of . e. . was no wayes against the commission . and now wee come to the statute of . e. . whereupon the objection stands thus : by the statute of . e. . the subject is not to be constrained to finde men at armes , &c. if it be not by common consent and grant made in parliament . but by this commission the commissioners have power , without consent or grant in parliament , to command those who are able of body and estate to arme themselves : and those who are impotent , but able in estate , to find armes for others : ( which the declaration in some places calls finding armes , and in some places finding men at armes ) and is therefore against that statute . for this objection wee need do no more then referre our selves to our former observation of the different sense of the severall words of arming a mans selfe , and finding armes for some other , which are the onely words used in the commands of this commission , & the words , finding of a man of armes , or other compleat souldier , used in this statute , and intended to be thereby prohibited : whereby it will be apparent , that arming a mans selfe , or finding bare armes for others , is not within the letter of this statute . neverthelesse for a more particular answer ; . as to the first of these powers in our commission concerning arming a mans selfe , wee say , that this act being against finding of men at armes , or other souldiers , doth not any wayes intend to prohibit the compelling of men to arme themselves , ( that is , their owne persons . ) for that had beene not onely against the common law , whereof that act is but declarative , but also against those statutes of . e. . ( admitting it provided , as the declaration supposeth , for defence extraordinary ) and against . e. . by both which statutes it doth clearly appeare , that the subject is in some manner compellable to arme himselfe : and the act of . e. . is in generall against all finding of men armed at any time . so that in that sense whatsoever the occasion is ( though it be upon an actuall invasion of an enemie ) he cannot be compelled to find armes . and that exposition of the statute would wholly take away all compulsory means of defence . nor will it be sufficient to answer this , that the arming according to those statutes is assented unto in parliament , and so is within the exception of the statute of . e. . for the consent in parliament ( intended by this exception ) must be understood of future consent in parliament , as well as the constraining men to finde souldiers prohibited by the act is meant of a future finding souldiers . and in the exception of the statute of . e. . there is not onely to be a consent , but also a grant in parliament , for so the words are ( if it be not by common consent and grant in parliament ) but in those acts of . e. . & . e. . there is no colour of a grant made at all . and this statute being declaratory of the common law , as appeares by the reason of the act delivered in the petition of the commons in these words , car cet est encountre le droit del realme . for it is against the right of the realme , ( which is as much as against the fundamentall liberty of the subject ) this statute of . e. . must bee construed as of the common law ; and before any statute and secondly , as for the other part of our commission , which is concerning the charging those who are impotent in body , but able in estate , to finde armes for others : if such finding of bare armes had beene within the letter of that statute , or the finding of a compleat souldier by such a man , had beene within our commission ; yet it would have beene a harsh construction , ( and doubtlesse contrary to the intention of the makers ) by generall words , which were meant onely for provision in the generall case , thus to have spared him in this speciall and particular case of impotency , from contributing to the defence of the kingdome , dome , by finding another , as in his place ; whilest he is as much , or more concerned then others , who must undergoe as much charge , and must also adventure their owne persons . and by the common law , whereof ( as wee have said ) this statute is but declarative , those who were not fit to beare armes , were notwithstanding chargeable otherwise towards home-defence , as appeares by the presidents already cited , and many more . and now wee shall give the true sence of this statute of . e. . and this will best appeare upon the end and occasion of the making ; which were these . king e. . having had his treasure exhausted by the french warres , was upon that occasion inforced to many hard pressures upon his subjects ; so that they had severall times bin charged , with providing and setting forth of souldiers ; and sometimes with maintaining or paying of them : and this in so excessive a manner , as that it cost a county sometimes at once a thousand pound ; and all this was done with relation onely to a forraigne war , wherein the title of the king to france was onely in question : and nothing which directly concerned the kingdom of england : against these there was just cause , to make provision by some law ; especially now when the wars were renewing : and accordingly this statute was made against imposing such charges upon the subjects . and what resemblance there is betweene those cases , and our case , of charging the subjects onely to finde armes for themselves , or ( in case of impotency ) for another ( as in their stead ) and all but for home defence , wee refer to every mans iudgement . and thus wee leave these three statutes of . e. . . e. . and . e. . with this observation , that if it be true , ( which the declaration takes for granted ) that they are all to the same effect , that then our answer to any of these three , is an answer to the rest . wee are now come to . h. . being the last of these statutes , which ( in the matter of arming ) are objected against our commission , as it stood at common law , before . h. . and herein wee agree , that the parliament roll , whereupon the statute is framed , is truly set forth in the declaration : yet wee conceive that , in substance , there is no more upon the roll , then in the print ; though some passages may give some light for the exposition of these other statutes of . e. . and . e. . therein confirmed . so as this statute of . h. . being , in truth , but an act of bare confirmation , without any additionall explanation , is already answered . but because the declaration doth import , that the commissions ( which issued lately before . h. . and were the occasion of that statute , and are damned thereby , as contrary to the acts of . e . . e. . and . e. . ) were of the nature of our commission , ( which yet is not indeavoured to be proved ) wee shall also give a particular answer touching those commissions . and herein we say , that first it doth not appeare , nor is there any reason to presume that any of those commissions were of the tenor of ours ; and in case those commissions did , amongst other powers , containe also the powers of our commission , touching the imposing armes upon the subject , it doth not appeare that those commissions were particularly in those very powers held unlawfull . both which must ( but neither will ) be proved , otherwise there can be no application . but the truth is apparently to be inferred out of the roll , that upon those commissions the subjects were inforced to go , or to finde others to goe at their owne charges , not onely out of their proper counties , but also ( upon occasion of some insurrections ) into vvales , which at that time , and ( untill the act of vnion . h. . ) was to some purposes , at least commonly reputed a distinct dominion ; as appeares even by this parliament roll , in these words , that none of the said commons be distrained to goe into vvales , or else-where out of the realme , and otherwise : ( the usuall phrase in severall acts of parliament , being also to this day , the kingdome of england , and dominion of vvales . ) and such a commission wee may well admit to be against all those three statutes , without impeachment of ours . wee shall say no more as to this statute single , but that ( as we have observed before ) both in the parliament roll , and printed act , the first clause of . e. . concerning arming , being purposely omitted , it shewes that the meere matter of causing the subject to be armed , was not the grievance then complained of , or meant to be redressed . having thus farre proceeded in our particular answers unto the severall statutes of . e. . . e. . . e. . and . h. . as they were appliable to the first objection made upon them , against our imposing of armes upon the subject . wee shall , in the next place , proceed to the answer of the other objection made against our commission , upon the statute of . e. . and . h. . of confirmation : ( for as to the other statutes of . e. . and . e. . we doe not conceive , that they are , or can be meant unto this purpose . ) hereupon the objection is this : that by the statute of . e. and . h. . the subject is not compellable to go out of his county ; but in case of the sudden coming of an enemy , which the declaration interprets of an actuall invasion : but this commission gives power , not onely to compell the subject to goe out of his county before an actuall invasion ( as the case is put in the stating of it ) but ( as it is expressed in other parts of the declaration ) without limitation , and at pleasure . to this objection our answer is , that both the sence of the statutes , and of the powers of our commission are mistaken . for first , ( as wee have before stated it ) our commission gives that power of conducting out of the county , onely against an enemy , and for defence of the countrey , in case of imminent danger , and but when and where it shall be most needfull ; ( and so not without limitation , and at pleasure . ) and secondly , as to the sence of the statutes , we do deny , that the subject is not compellable to goe out of his county , unlesse in case of an actuall invasion , by a forraigne enemy . and herein , though wee have not upon this commission necessary occasion to dispute it ; yet wee cannot but observe , that the declaration allowes of no necessity of compelling the subject out of the proper county , in case of actuall rebellion , and onely against a forraigne enemy ; the ground whereof is a mistake ( in recitall of the statute of . e. . by the act of confirmation of . h. . of the word , and betweene the two words , necessity and suddaine comming ; the act of . e. . going thus , that no man be distrained to goe out of his county but where necessity requireth , and sudden comming of strange enemies into the realme . and the act of . h. . ( which as we have before observed , reciteth not the whole statute of . e. . but so much thereof , as upon occasion of the late forraigne service did then concerne the present complaint ) being in these words , that none shall be distrained to goe out of their county , but onely for the cause of necessity ( of ) sudden comming of strange enemies into the realme . whereas , if in this recitall the word ( and ) had been put in place of the word , of , or before it , both had agreed , and so the sence of the statute , as to this matter of going out of the county , had been upon . h. . as it is upon . e. . that no man be compelled to go out of the county , but in case of necesity or coming of enemies : the word ( and ) in exposition of statutes being most frequently taken for ( or ) according to the subject matter , and so the statute had excepted two cases necessity arising from within ( by actuall rebellion ) and necessity arising from abroad ( by sudden coming of strange enemies : ) this exception in both being absolutely necessary for defence of the realm and according to the common law ( of which the statute is but declarative ) and the practice both before and since . and indeed it could be no otherwise in property of speech , for there cannot be a cause of necessity of the sudden coming of enemies , but there is a necessity of defence against their coming . and in this case we are to be guided by the statute . ed. . as it was originally , as it is also truly set forth in the declaration , and agrees with all printed statutes both in english and french , & ancient manuscripts , all of them derived from the originall statute roll which was lost before . h. . ( that which now remains being but a transcript of a transcript . ) thus then , without more , we shall apply our selves to the objection as it is made upon the words of . e. . both in the originall and the recitall . and we say that the subject is compellable to go out of his county for defence of the kingdom , as necessity shall require , before the landing or other entry of the enemy , to prevent his landing or entry . and for this we shall but recite the words againe ; and they are these , that no man be compelled to go out of his county , but where necessity requireth and sudden coming of strange enemies into the realm . wherein it seemes to us most plaine , that these words require no such actuall landing , or entry of an enemy into the kingdom , before the subject is compellable out of his county . for the words of the act are not ( as to this point ) when the enemy is come , but upon the coming , not within the realm , but into the realm . and all men know , that in ordinary speech , a man may be said to be coming into a place when he is upon a remove to a place ; but most properly , when he is on his way , especially when he approacheth , with an intention to enter thereinto , and in such sence these words of coming into the realm must be taken in this statute . but in case the words ( of the enemies coming into the realm ) might bear a doubtfull interpretation , that sence must be taken , which agrees with the common law before practised , whereof this act is but declarative , & the constant practice of all ages since that is , that the subjects have ever been commanded , and gone out of the county against the enemy before any landing or entry . and to give this statute of . e. . any other sence were against all common reason , and the rules of government and defence ; which is , not to let the enemy first come in , if it be possible to keepe him out : and it may be much more ease to prevent the coming into the land , ( especially by sea in opposing the landing ) then afterwards to expell him : and it cannot be expected , that the forces of one county alone , should be able to resist the entry of a powerfull enemy . and lastly , as for those commissions , which were damned in . h. . those had no resemblance to our case , nor are warrented by the exception of . e. . for that ( as appeares before ) the subject was then carried out of the county not for defence of the kingdom , as the exception of this statute requires , but for suppression of an insurrection in wales , which was not then taken as part of the realm : and the prayer of the commons in . h. . made upon that occasion , and therein grounded upon . e. . was not meerly because they were carried out of the counties , but because they were carried out of the realm in a service , which was not for the necessary defence thereof . we have thus far , upon this last head of our discourse , only answered the objections made upon these statutes of . e. . . e. . . e. . and ▪ h. . we shall now conclude this part of our answer ▪ with a return of all those statutes against the declaration , and in justification of our commission . first , as concerning . e. . since that ( as we have before observed ) the statute was made only with relation to the keeping of the peace , it implies , that there is another rule in the matter of imposing of armes for defence extraordinary . secondly , as for . e. . ( besides our former observation , that in all probability , the act was made but upon complaint against the excesse of charging by the commissioners , and not against the powers of that commission , which had lately before issued , which rather justifies the commission then otherwise . ) we further say , that if we should admit , that the statute of . e. . that no man should be charged to arm himselfe , otherwise then he was wont in the time of the kings progenitors , hath any relation unto . e. . and that so the sence thereof were , that none should be compelled to finde arms , otherwise then according to that statute of . e. . yet then that statute of . e. . ( as 't is plain ) must be meant only as concerning ordinary defence ; and that as the subject is in cafe of necessity to be carried out of the county , so in that case he may be compelled to be armed otherwise then at ordinary times . to this purpose we note , that in the statute there are two distinct propositions joyned together , one against the arming of the subject , the other against going out of the county ; and the clause which is next subjoyned is an exception sinon pour cause de necessite , &c. unlesse it be for necessity , and the sudden coming of strange enemies . which exception , upon such admittance , is not only appliable to that last clause before , concerning the going out of the county , but as to the arming : the sence thereupon also being thus ; that though in case of ordinary defence , the subject be not compellable to bear other arms then according to . e. . as neither to go out of the proper county ; yet for the extraordinary defence of the kingdom , in case of necessity ( wherein more must be done then ordinarily ) both , arms are to be imposed by other rules then in . e. . and also the subjects are to go out of the county ; for so it followeth in the next words of the act ; which are these , and then it shall be done , as bath been used in times past , for the defence of the realm . and this sense , upon this admittance , cleerly appeareth out of the course of former times in such cases , to which the statute doth refer . as for . e. . ( besides that the declaration faith it is to the same effect with . e. . and was made with relation to a forraign war , as we have observed , ) if ( as the declaration must admit ) that the exception of finding men at arms &c. by common consent , and grant in parliament , be intended as well of acts of parliament past as to come , then our commission , in the power of imposing arms , being warranted by . e. . is also warranted by that act of . e. . and for . h. . ( besides what we have before observed , upon the omission therein of the first part of . e. . concerning imposing of arms , and that it applies . e. . but to a forraign war ) the generall sence , and judgement of that parliament , excepting then only against other commissions , seems to allow of this ; for that otherwise , it is not to be imagined , that immediately in the same yeer , there should issue out a commission of array , and in the next yeer , there should issue out that other which was corrected in . h. . both of the same form , and the latter bearing teste the day of the summons of the parliament of . h. . and that at that parliament , though some amendments were made in it , yet no exception should be taken to the legality of the powers : whilest ( as the declaration observes ) it is probable , that many of the house of commons , and it is certain that most of the house of lords , were members of the parliament of . h. . and knew the meaning thereof . and thus we have answered to the full satisfaction ( as we hope ) of all indifferent judgements , the severall objections made against the legality of our commission of array as it stood before , and at the making of the act of . h. . and thereby proved , that our commission was warranted by the common law ▪ that the powers thereof remain untouched by the statutes of . e. . . e. . or . h. . and that it was afterwards allowed and setled ( as a rule or pattern , whereby commissions should issue in after ages ) by the act of parliament of . h. . we have yet some other objections in our way , which admitting the legality of our commission as it stood in . h. . are made against it upon some latter acts . the first in time is upon the statute of . and . p. & m.c. . which settles an assize and proportion of men , horses , and arms , which every man was to finde ; which the declaration saith was without question , a repeale of this statute of . h. . and accordingly , we shall take that first into consideration , for though upon the repeal of that statute by i. jac. c. . the declaration agrees , that our commission , if once setled by . h. . is now again in force , yet an inference is made from thence , that the parliament of . iac. would never have repealed that statute of . & . p. & m. if they had thought that any such power of imposing arms , as is in the commission , would have been thereupon revived . the words of the statute of . & . p. & m. cap. . are these . be it enacted , &c. that as much of all and every act and statute concerning onely the keeping or finding of horse , horses , or armour , or any of them heretofore made and provided , and all and every forfeiture or penalty concerning onely the same , shall be from henceforth utterly void , repealed , and of none effect . to this we say , first , that . & . phil. & mar. doth not repeal . h. . either by the words or meaning . as to the words , they extend onely to a repeal of such acts which do appoint particular assizes ( or assessements ) of arms : all which upon that statute of . & . ph. & m. ( which appoints a new assize for kinde of arms and proportions ) would be either contrary or altogether uselesse . and to that purpose the statute speaks of repealing of acts concerning keeping or finding of horse , horses , or armour , which , as it must be meant of acts concerning keeping or finding of horses in particular for kind or number ; so as concerning ( armour ) in generall , it must , by the constant rules of construction of statutes , be meant of acts of the like nature as the former , that is , acts concerning the appointment of some particular armours , as a gorget , a brest-plate , and the like , such as were the statute of . e. . and . h. . but this statute of . h. . is nothing concerning the appointment of any particulars , either for the kind of arms or proportions : but doth onely enact a commission issuable , without commanding that it shall issue , which is referred to the kings pleasure ( upon a lawfull occasion ) nor doth the commission it self mention ( as is apparent ) any particularity of arms or proportions . and if the statute of . and . ph. & m. were meant of such statutes , as speake of finding arms in generall , it had as well repealed the statutes of . e. . . e. . and . h. . as this act of . h. . which no man will say was ever intended . but in truth , this commission being in generall , doth no wayes contrary this statute of ph. & m. but that the particulars of the assessement by that act , both for the severall kinds of arms and proportions , might have been very well put in execution by this commission . for the commission gives power to assesse every man juxta statum & facultates , according to his degree and ability . and this parliament of . and . ph. & ma. appointing arms sitting for defence of the kingdom in those times , and proportions fitting ( in their iudgements ) for the severall degrees and abilities of every man ; that act did not thereby take away the power of the commissioners wholly , but did only give particular rules for the kind of arms and proportions , which the commissioners were to observe in the execution of their power , thereby only regulating , but not destroying their powers . and if this statute of . & . p. & m. had taken away the first powers of the commissioners concerning arming , yet had it not taken away the other severall and independent powers of arraying , training , mustring , or conducting those men so furnished according to that statute , but that they had remained to have been executed ( at least by a distinct commission which might have been issued at pleasure for that purpose . ) and this also appears by the statute of the same parliament of . & . p. & m. cap. . ( which is in force at this day ) which being concerning mustering , hath occasion to mention , and doth expresse the old power still remaining to issue commissions of that nature ; in these words , that if any person that shall be commanded at any time hereafter generally or especially to muster afore any such who shall have authority or commandment for the same , by , or from the king or queens majesty , or the heirs or successors of the queens majesty , or by any lievtenant , &c. do absent himselfe , or at his appearance do not bring his best furniture of array and arms as he shall then have for his person in readinesse , shall be imprisoned , &c. but neither by that nor the other statute of p. & m. cap. . is there any new authority given to the king to grant commissions for musters , but the same is admitted to continue as not repealed . and as to that point of appearing at musters , we made use of that statute of . & . p. & m. cap. in our proclamation : and doe wonder how the penner of that declaration could imagine , we meant any such further use therein upon that statute , as the declaration sets forth . and here by the way we observe a mention in this statute , of . & . p. & m. cap. . of a power of mustering in lievtenants , to whom other powers contained in our commission were also granted , and might have been also mentioned in this statute , if there had been occasion . and secondly , as to this statute of . & . p. & m.c. . we say , that in case that act of . h. . had been repealed by . & . p. & m. yet this commission had still continued in force notwithstanding any bare repeal ; for that ( as we have proved ) this commission was ( before that statute ) warranted by the common law , which did still remain in force so far as it was not expresly contrary to the further particulars of that act . and how we come to the objection principally ▪ intended against this commission upon the alteration of the law at this day since . h. . wherein the case is this . the statute of . e. made an assize of arms for the severall kindes and proportions according to mens severall estates . then . h. . enacts this commission with power to assesse men according to their abilities . afterwards . e. . is repealed by . iac. the argument hereupon in the declaration is made thus : that the commission , as to the finding of arms iuxta statum & facultates , is so grounded upon that statute of e. . ( which was then in force , and did enact the finding of arms juxta statum & facultates , in manner as is therein expressed ) that that statute of . e. . being since repealed , that commission is likewise repealed , and become unwarrantable at this day . for answer whereunto , in the first place , we do deny that this commission is any waies grounded upon . e. . first , for that ( as we have proved ) . e. . originally was not meant , as a provision of arms for defence extraordinary , much lesse so intended here . secondly , if it were for defence extraordinary , yet neither this act of . h. . nor the commission thereby setled , have any relation thereunto in words , much lesse in meaning . for the words , there is no mention of . e. . either in the act or commission , but the words of the commission are generall , for imposing arms secundùm statum & facultates ; according to every mans degree and ability , without limitation , of the kinde of arms , or particular severall proportions of estates . and for the meaning , we cannot conceive it to be lesse , then according to the full extent of the words , for there is lesse reason to imagine that the parliament of . h. . did any waies intend the assize of arms established by . e. . then there was to imagine the like upon the act of . e. . for that between . e. . and . h. . all kinde of arms were more altered then betwixt . e. . and . e. . and in this space of time , guns were come into use in england , which were both necessary to be commanded and provided against by other arms . and to avoid repetitions , we further referre our self , in these two particulars , to what we before observed upon the statute of . e. . and as for any restraint of those generall words of our commission , by any construction of law to the particular assize of . e. . we say , that though a subsequent particular act may restrain the generall words of a commission ( as we have said before ; upon the statute of . & . ph. & m. ) because the subsequent act , as it may take away , so it may limit any power given either by common law or statute , yet a precedent particular act ( upon the same reason , because it hath no such power ) doth not regularly restrain the generall words of a subsequent statute , which hath power to controll the former ; and ( as in our case ) where the meaning appears to be as large as the words cannot possibly restrain them . but in this we need not labour , for though the declaration in making way for this objection , admits the commission , to have some colour to be legall , as grounded upon . e. . as to that part of finding arms juxta statum & facultates : yet it is the main and throughout ground of the declaration , that this commission , because it is generall , is against the statute of . e. . and the other statutes , and so void ; whereas , if the commission had been restrained to . e. . then it could not have been void as contrary thereunto . but , admitting that this commission was , by construction of law , necessarily to be regulated according to . e. . whilest that statute was in force , our answer is , that neverthelesse this commission did not fall by the repeal of that statute . wherein we shall admit ( which the declaration supposeth , though by us it is disproved ) that this commission was not warranted at the common law before the statute of . h. . and then the case is but this . the statute of . e. . doth appoint a particular assize of arms for kinds and proportions , according to this necessary rule , the arms for the kinde shall be fit for defence ; and for the proportion , shall be according to mens abilities ( for such is the act. ) afterwards . hen. . doth establish this commission , wherein there is no particular reference unto this statute of . e. . but the rule is generall to charge arms , for the kinds , according to the use of the time ( for that is necessarily implied ) and for the proportions , according to mens degrees and abilities : which are equall rules fit ever to continue , though the kinds and proportions , may and must alter . in this case we doe agree , that if the commission had expressely referred to charge according to that statute of . e. . then that commission could have been no longer of force then the statute had continued . for then it had been no more in substance , then if the powers had been but particular , to charge certain arms , and in certain proportions according to that statute . and in this sence we must agree with the declaration , that a commission being so grounded upon a statute , upon the repeal of the statute , both fall together . but in this case , ( thus admitted ) where the commission is generall , and if . e. . had never been , must have had its full operation , according to the words , both for the kind of arms and proportions , and was regulated but by a bare construction of law , both for arms and proportions by . e. . which the parliament might think fit to be a rule for that time ; it seems strongly to follow , that when . e. . ( which was the only impediment why it did not work according to the extent of the words ) is repealed , the operation of the law upon this commission , by force of that statute , must likewise cease : and the commission must be construed according to the words , the rather for avoiding of this mischief , that otherwise the kingdom should be without all necessary means to put it into a posture of defence , which that act did intend principally 〈◊〉 , perpetually to provide for . but more fully to take off this objection , we must here remember ( what we have proved before ) that the powers of this commission in the latitude of the words thereof for imposing arms , secundùm statum & facultates , according to mens degrees and abilities , was warranted at the common law before any statute , and was to be executed without the direction of any particular assize for kinds and proportions : as at this day severall like powers for assessing men both by statute and common law according to their abilities , as for high ways , poor of the parish , and the like are to be executed . these then being the powers at common law , as it is cleer they are not taken away by any affirmative statute , ( such as . e. . seems to be : ) so if we shall admit ( as strongest against our self ) that there were any negative words in this statute or any other statute grounded thereupon , that the subject should not be compellable to be armed otherwise , ( which other statutes ( according to the ground rightly taken in the declaration ) must necessarily fall by the repeal of . 〈◊〉 . then that statute being repealed , the commission thus freed of those statutes , remains in full force as it was at the common law . and now that wee have passed over the acts of our predecessors as well before as after the act of . h. . we are encountred with our own acts , the petition of right , and a recitall in an act this present parliament , as being both against our commission . whereunto we need to say but this . that it appears out of themselves , that neither of them were ever meant to introduce a new law : so as if ( as we have proved ) our commission be not against the law , as it stood formerly , they were not intended nor justly ought to be extended against it . but to give yet more particular and full answers thereunto ; we say , first , for the petition of right , it no waies extends to our commissions of array . the objection made upon it stands thus . the petition of right sets forth , that by the lawes and statutes of this realm , the subjects have inherited this freedom , that they should not be compelled to contribute to any tax , tallage , aid , or other like charge , not set by common consent in parliament . and after complains , that divers charges have been laid and levied upon the people by lords lievtenants , deputy lievtenants , commissioners for musters , justices of peace , and others , by command or direction from us , or our privy councell , against the laws and free customs of the realm , which the declaration alleadgeth to be the breach of those laws . then the words of the petition are thus applyed , that here is a taxe or charge imposed upon the people , by compelling them to find arms by command and direction from us , under our great seal , without consent in parliament . and the meaning of the petition is thus inforced , that it is very well known , and doth sufficiently appear , that the charges there mentioned to be laid by lords lievtenants , and deputy lievtenants , were the charging of the subjects with arms against law , by colour of their commission from us , and consequently this commission is against the petition of right . for our cleerer answer , we shall set down the summe of the petition , for so much as concerns the unlawfull charging of the subject . and it is this . first , the petition recites severall statutes , as made against the compelling the subject to the making or yeelding any gift , loan , benevolence , taxes , aids , or such like charges without common consent in parliament ; and next setteth forth a violation of those statutes , by the commissions of loans , and execution of them ; and that divers other charges had been laid and levied by lords lievtenants , and others ( as is aforesaid ) and lastly the prayer is substantively of it self , without any relative words , yet extends to all that was before complained of , and contains the substance of all those former statutes in these words , that no man be compelled , to make or yeeld any gift , loan , benevolence , tax , or such like charge without common consent by act of parliament . and our answer to that part of the prayer , amongst the rest , is , let right be done as it desired . and our answer to the objection stands thus . first , that whatsoever sence any words of the preamble may seem to import , yet without question , there is no more in this preamble then is after contained in the prayer : so if our commission be not against the prayer , there can be no argument against it drawn out of the preamble , or if in truth there were more in the preamble then in the prayer , ( whereunto only the royall assent extends , ) yet nothing could bindingly be concluded thereupon ( as we shall further shew upon occasion . ) this then onely rests to be considered upon this objection ; whether the powers , in our commission , to compell the subjects , able of body and estate to arm themselves , and in case of impotency to find arms for others , for the necessary defence of the kingdom , can be said to be a compelling of the subject , to make or yeeld any gift , loan , benevolence , tax , or other like charge , contrary to the prayer of the petition . upon the case thus truly stated , it is cleere , that here is no yeelding or making of gift , benevolence , or loan ; and as for making or yeelding any tax or other like charge , though it be true , that this arming a mans self , or finding arms for another , cannot be done without charge : yet we appeal to every mans understanding , whether our subjects can , upon this commission , be said to make or yeeld ( for so are the words ) any tax or other charge against the petition , any more , then if we command a city to repair their walls , or a levell ( putting the case before any statute , to take away all colour of evasion ) to repair the sea-banks , when they were in decay , being no particular advantage to us , but for the common good of themselves . the truth is , that albeit the imposing of divers charges , & commanding divers acts drawing charges upon the subject , though possibly for their advantage , are void in law : notwithstanding it doth not follow that they are void as against this petition . for the petition of right , as against the charges therein mentioned , is onely to be intended of money , or other thing valuable , and to be parted with to or for us , or our advantage : such as are all the charges more specially mentioned in the preamble and prayer , as that of gift , loan , and benevolences , and such as were those charges intended in the preamble under the generall expression of divers other charges imposed by lord lievtenants , &c. which we think is very well known to most counties , to have been meer pecuniary payments , and which we ought to have born . and for the other charges , that is , of taxes , tallages , aydes likewise mentioned , which as to this purpose are but synonoma , and of one signification , they are meant of money or other things valuable , and for the king ; and so used in the old statutes , and had been in former times imposed upon the people , without act of parliament ; and accordingly all of them are so to be expounded in the preamble . and the prayer of the petition saith nothing expressely against the commanding the subject to do a thing which may be necessarily of expence or charge , ( wherein the act is onely intended , and the charge but a necessary incident ) but the prayer is onely against the compelling of the subject to yeeld , or make those kinds of charges : so as the cleer sence of the petition , both according to the occasion of complaint therein mentioned , and the laws whereupon it is framed , as well as the propriety of the words , is only against drawing from the subject , either money or money-worth , by any of those particular charges therein mentioned , or any other charge of like nature ( under what specious title soever ) for the kings advantage , which the more plainly appears , for that the charge must be yeelded or made , as upon gift , loan , &c. which must necessarily be intended unto some person , and no other person can be here colourably intended but the king . and if the petition , by any construction , may extend against the commanding of any acts , which in the execution may induce charges , yet such charges must ( according to the very words of the petition ) be such like charges , that is for us or our advantage , as the particular charges therein mentioned , of gift , loan , &c. but this charging of the subject with arms for the necessary defence of the kingdom cannot be said for our particular advantage , all our subjects having therein a common interest . as for the meaning of the petition inforced in the objection from the charges by lord lievtenants , and others complained against in the preamble , sure we are that those must be such in the particular , as are after contained in the generall words of the prayer , to which we have answered before ; and though it be to this purpose said in the declaration , that those charges by lord lievtenants and others , were meant of charging of the subject with arms , certainly no such thing can appear in the petition , which speaks but only of divers charges , but names none in particular ; nor can there be any other assurance that the houses did intend any such thing , but by votes , wherein they onely speak : and if any such votes had been , we doubt not but we should have found them inserted in this declaration : and a particular complaint of so great a grievance ( as our commission is made to be ) would have been expressed in the preamble of the petition , with the quotations of statutes to the contrary , as was done concerning other grievances . but in truth it is well known , that about that time , upon occasion of our wars , there were divers other charges imposed by our lievtenants , and others , of a far differing nature , most of which were by direction from us or our privie councell , according to the exigency of the time and some former practice . and we do beleeve , that there was at that time neither complaint or occasion of complaint against the imposing of arms for home defence of the kingdom . howsoever we are sure that no such complaint was particularly represented unto us , or our answer intended thereunto . and now to cleer this sence of the petition 〈◊〉 of the judgement of both our houses this 〈◊〉 parliament , we demand this question : if so be the imposing arms for defence be a charge upon the subject within the meaning of this petition , how the two houses will justifie their ordinance , which we are sure they will not call an act of parliament ; for without an act of parliament , no charge thereby provided against , can be imposed upon the subject , the words being plain , that no man shall be compelled to make or yeeld any gift , loan , benevolence , tax , or other such like charge , without common consent by act of parliament . and now , since this declaration hath given us such occasion to examine our commission upon the petition of right , we shall conclude , out of that petition , that that parliament did conceive the powers of this commission warrantable in every point . for it is plainly to be observed , that the commons did then take into consideration the generall grievances of the kingdom , more particularly , concerning military affaires , and therein the actions of lord lievtenants , and deputy-lievtenants with their commissions and powers , and their exceeding of their power , as expressely the billeting of souldiers , and the payment of billet-money , muster-masters fees , and others of that nature , were then in dispute . and although the two houses could not but take notice of the imposing of arms upon the subject by our commission , of lievtenancy , & their powers to levy , call together , arm , array , train , and muster our subjects inhabiting in our severall counties , and to conduct and lead them against all our enemies , and all rebels and traytors , from time to time , as need should require , ( in which particulars they contained the powers of our commission of array : ) yet the complaint was not made against them , for what they did by vertue of their commission ( no more then against the justices of peace , though complained of , together with the lievtenants ) but for matters wherein they did exceed their commission , upon the command , or direction from us , or our councell ; the petition throughout distinguishing betwixt such commands , or directions , and our commissions . so that we conclude , here was not only an admission , but an approbation of those powers , by that parliament . we come now to the recitall in the preamble of the late statute made this parliament . the words are these . for as much as great commotions , and rebellions have been lately raised and stirred up in his majesties kingdom of ireland , by the wicked plots and conspiracies , of divers of his majesties subjects there ( being traiterously affected ) to the great endangering , not only of the said kingdom , but also of this kingdom of england , unlesse a speedy course be taken for the proventing hereof and for the raising and pressing of men for those services . and whereas , by the laws of this realm , none of his majesties subjects ought to be impressed , or compelled to go out of his county , to serve as a souldier in the wars , except in case of necessity of the sudden coming in of strange enemies into the kingdom , or except they be otherwise bound by the tenure of their lands or possessions &c. ( upon which preamble , there is , in that statute , some provision made for a time for raising and impressing men for those services . ) and upon this preamble , the conclusion is made in these words , that this , commission is directly contrary to this declaration is so evident , that it requireth no application . to this objection , we say , we might make our answer as short as the inference is , by affirming , that it is evident , that this commission is not contrary to this recitall ; and surely we think that what we have already opened , being applyed to this objection , would warrant that answer . but that we may leave nothing undone , that may tend towards the full satisfaction of our good people , we shall also give this a particular answer . first , we say , that if this recitall had been an act , yet there were nothing in our commission contrary to the letter of it , for that by this commision , no man is compellable by any speciall words to go out of his county . and the generall words , ( giving power to the commissioners , for leading them to the sea-coast or elsewhere ( as we have often repeated ) are with these limitations : they are to lead them , but when there is imminent danger of enemies , for defence of the kingdom ; and then only they are to be led to such places , as shall be necessary for the expulsion , vanquishing , and destruction of the said enemies , and this is a case of necessity both within the words of this recitall , and according to the sense of the same words , in the statute of . e. . and . h. . ( therein meant ) as we have before shewed . and thus we might leave this objection , but that it implies a matter of a greater consequence then plainly appears . that recitalls of the law , in preambles of statutes are binding ; for in this objection , this recitall is called a declaration of the law and our commission sard to be contrary to that statute , and it further implies , that even in the greatest and most horrid rebellion , the subject cannot be compelled out of the county , for the suppression thereof . but to this we answor , that the difference is apparent , between an act of parliament declarative , and a recitall in a preamble : for such an act ( in any matter though mistaken ) being assented unto by us , and our two houses , is equally binding ( as having equall authority ) with an act introductive of a new law , but the recitall in a preamble , is no part of the act ( the royall assent being only to that , which is expressely or tacitely prayed to be enacted : ) nor can it any wayes so much as imply our opinion : for otherwise , kings must be inforced oftentimes to deny a good law , for an ill preamble ; the consequence whereof is great in such an act as requires expedition , where a bill once denyed , is not regularly to be offered again in that session of parliament . and if it were needfull , divers mistakes , of the law in preambles might be produced by which we would be loath to bind our subjects . neverthelesse , though preambles be not in themselves sufficient to declare laws , yet we deny not they are of good use , though not convincing arguments to expound them . and for our power in the matter of rebellion , besides what hath been said , we might also adde ( if it were materiall to this commission , ) preambles , recitals , and other necessary inferences out of other statutes ( made since those intended in this recitall ) which would prove , that in case of rebellion all our subjects ought to assist us , and to attend our person , upon our command , for the defence thereof , whensoever we should require it . and the truth is , the occasion of this act , now urged against us , appears to be for the service of ireland , and the intention of it ( for so much as is the enacting part ) was to take away all question concerning the pressing of the subjects of england for the suppression of the rebellion in ireland . and so concerned forraign service , and not home defence , either against invasion of enemies or rebels . and thus far the work of the declaration hath been to overthrow our commission by statutes alleadged to be directly against it . there remains yet some other objections drawn from the opinion of former parliaments , and the practice of our selves and our predecessors , and those not directly , but by inferences . but these , as we shall shew , are so farre from concluding against our commission , that they rather prove the contrary . the first of these objections is upon the statutes of . jac. c. . and . iac. c. . of repeals : and is thus , that the statute of & . ph. & m. cap. . having repealed this commission ( for so the declaration supposeth ) they had shewed little care of their own and the subjects liberty , in the parliament of ● . iac. to repeal that statute thereby to revive the power of this commission , which would have subjected the people to far greater bondage : and from thence inferreth , that it is not probable that the parliament of . jac. would have repealed , . & ph. & m. as lik●wise from the statute of . iac. ( which repealed the statutes of . e. . and . h. . ) that it is not probable , that the parliament of . jac. would have repealed those statutes ( which in a moderate manner proportioned the arms every man was to find in certainty : ) and suffer an act ( meaning this of . h. . ) to continue , which established a power in the king without limitation , not only to impose arms , but to command the persons of the subjects at pleasure . to this we say , that both the grounds of this objection are mistaken . for ( as we have already shewed ) neither is this commission repealed by the act of & p. & m. nor is there any such unlimited power given , or bondage by it , as is pretended . and therefore our answer is , that it is no wonder that those parliaments might repeal & p. & m. as too hard ; and . e. . & h. . as of no use : and put the militia of this kingdom again wholly under the powers of this commission , ( being so indifferent between both the other : ) and indeed the militia did after continue under lievtenants , who had in effect the powers given by this commission . and now we shall return this objection thus : that those parliaments of . jac. and . iac. would have shewed little care of the safety and defence of the kingdom to have repealed those statutes which made provision for arms , if they had thought there were no law or power left in the king to charge men with arms for defence of the kingdom , ( as the declaration affirmes the law now to be . ) but whosoever considers that at that time , and long before , the power of imposing arms , was put in execution by lievtenants , and deputy-lievtenants , by authority of their commissions ( which to this purpose are the same with our commissions of array ) and that this power was not complained of in those parliaments , must conclude it more then probable , that those parliaments did then conceive there was a sufficient power remaining in the king to impose arms . the next objection , is from the opinion of the parliament of . and . philip & mary , c. that if our commission had been authorized by act of parliament , that statute of ph. & mar. had been to little purpose , whereby the penalty of imprisonment for ten dayes , or forty shillings is imposed upon such , as do not appear at musters , being summoned thereunto by the kings commissioners authorized for that purpose : intimating , as that the act of phil & mar. would never have been made , if they had then conceived , that we had power to grant such commissions . to this we answer , that the particular arms and proportions of arms , were then before appointed by the statute of . and . ph. & mar. cap. . under certain penalties upon those who should be defective , and so a great part of the care of the commissioners of array was supplyed by the provision of that statute ; and the commissions of array being not so proper , but in time of danger , and of a larger extent , then the power of mustering , a commission of muster ( which is part of the power of a commission of array ) would then serve the ordinary turn : and for every ordinary default , but at a muster , in a time of no danger , the punishment by . and . ph. & mar. cap. . was great enough . and for return of this objection , we say , ( as we observed before ) that this statute gives no new power , to grant commissions for musters , but admits the power to grant such commissions to have been in the king before that time . and whereas the statute of . e. . appoints no other officers but the constables for view of arms , it appears by these statutes of phil. and mar. that the king might appoint his commissioners : which he could not , if this power of arms had been wholly grounded upon that statute . the last objection of this nature , is grounded upon the common opinion or practice ; and is this . that the commissions of lievtenancy , so grievous to the people , and declared illegall in parliament , had not been so often issued , and so much pressed upon them , if the commission of array , not much differing from it in power , and not at all lesse grievous to the subject , might , by the warrant and authority of the laws of this realm , have supplied their room . to this our answer is , that it stands upon two grounds : first , that the commissions of lievtenancy were grievous . secondly , that they were illegall : both which so far forth at least as to the powers wherein they did not exceed the power of this commission ( for the other powers are not now in question ) are cleerly mistaken . for , as for the grievousnesse , we say these commissions were such as had been long used in the happiest times of our predecessors , and continued to our time : and such grievances , as did , or might arise in the execution of these commissions , not warranted by them , are no cause to quarrell at the commissions themselves , more then at the commissions of peace , because some justices of peace have exceeded or abused their authority . and howsoever , those powers wherein they exceeded not our commission of array could not be grievous , as we have already shewed . and as for the illegality of those powers , we shall not , nor will our people be satisfied by bare votes , that they are illegall , the same being done without hearing of our councell , and without advising with the iudges and demanding their opinions , ( a course which was formerly used in parliaments , as appears even by this record of . h. . amongst many others , but in matters of law which have of late risen in our houses of parliament , hath ( for what cause we know not ) been laid aside . ) but we again say , these powers in our commissions of lievtenancies are legall , and if there be any clauses in such comissiōs which are illegall , those clauses could not at all make the commissions void for so much as was legall , much lesse take away our power of granting new commissions , omitting such clauses . but if we should , for this time , admit the grounds of this objection , that our commissions of lievtenancy had been such as this declaration would have them , yet it is but a very inconsequent argument , that those commissions would not have issued , so often , and been so much pressed , if the commissions of array had been legall . for the commissions of lievtenancy conteyned not only most of the powers of the commission of array , but in many things exceeded them , and were issuable in times of peace , whereas commissions of array commonly issued in times of danger only ; and so there was occasion for the one commission , when there was none for the other . but on the contrary , ( that we may retort this objection also , ) since that the commissions of lievtenancy , not much differing from the commissions of array in power , ( as the declaration saith ) and in many things exceeding them , have so often issued in the reignes of severall of our predecessors , & were allowed by the judges of those times , obeyed without dispute , and not questioned in the parliament of . iac. or . iac. nor were these powers wherein they agreed with the commission of array complained of by the petition of right , but rather admitted and allowed , as we have already shewed . it may very well be inferred that both the commissions of lievtenancy and of array , ( as to those powers at least wherein they agreed ) were legall and far from being any grievance to the subject . thus far we have proceeded in the examination , and clearing of the objections made against our commissions of array . upon all which objections , we shall further observe that although the declaration denies our power at this day of commanding to train or exercise ; yet none of those objections touch any thing upon those powers . so that if all were true which is objected , yet we should still have power ( at least by a distinct commission ) to command our subjects to be disciplined , mustered , trained and exercised , with such arms as they had in a readinesse ; for that ( as we have shewed before ) these are distinct from the power of imposing of arms , and may be severally granted or executed . and now upon the whole matter , the state of our case is this . it is voted by our houses of parliament , that our kingdom is in imminent danger of destruction from enemies abroad , and a discontented party at home ; and that there is a necessity to put our people into a posture of defence . in this case , for defence of our selves and our kingdom , we have awarded our commissions of array , thereby giving power to the commissioners ( persons , we hope , beyond exception ) to cause our subjects to arm themselves , or , if impotent in body , to find arms for others , according to their abilities , in a reasonable and moderate proportion , and to muster and train them at convenient times and places , and afterwards , upon occasion to lead them , where there is a necessity for the defence of the kingdom , and the expulsion , vanquishing , and destruction of enemies . and we have shewed , that the powers of these commissions , are grounded upon the very principles of government , and that without them , we could not defend and protect our subjects , ( as we are bound by our oath at our coronation ) that they are warranted by the antient common law , allowed by the constant practice of former ages established by the parliament of . h. . ( which caused a copy of these commissions to be entred upon the roll , as a rule or president for after times ) and are not repealed , or altered by any statutes now in force . and yet , though this danger , and the necessity of putting the kingdome into a posture of defence , is thus agreed by both houses ; neverthelesse , this commission , and all others of like nature , are by their declaration said to be illegall ; and it is thereby denied , that we have , at any time , power to charge our subjects with any manner of arms ( though for the absolute necessary defence of the kingdom ) or that we can command them to be trained or exercised , much lesse to be led out of the county , though an enemy be ready to enter , or though rebels be actually up in arms . how farre this opinion is consistent with law , reason , or regall power , the safety of our selves and our subjects , ( upon all this which we have said ) we leave to all our good people to consider . and since our two houses ( denying us this power ) without us , and against our consent , have made orders ( which they call ordinances ) for compelling our subjects to be armed , trained , exercised , mustered , and conducted , and send for our subjects as delinquents , and imprison them , for refusing to obey such orders ; it is apparent , that what this declaration saith against our commission , without just ground , is true indeed of those orders , that is , that they are contrary to the law and customs of the realm , destructive to the liberty , and property of the subjects , and contrary to the petition of right ( as it is expounded in this declaration , ) as also against other statutes . finis . notes, typically marginal, from the original text notes for div a e- see the printed arguments , fol. . , &c. see . h. . in the printed argument of sir george crook : a commission to the bishop of rochester and others , and to the sheriffe of kent , to cause all men at arms in that county to be sworne , and to assesse them what arms they shall finde . and divers other presidents there of arrays in the times of severall kings . and see cl. . h. . m. . dors. the like to other counties . and h. . ( as appeares in the history of matth. paris , who lived at that time , fol. . ) rex constituit & generaliter per angliam voce praeconiâ fecit acclamari missis super hoc brevibus ad singulos comitatus , ut secundum pristinam consuetudinem , arma civibus competenter assignarentur , & monstrarentur , & censerentur , ut essent sufficiontia & competentia secundum cujuslibet facultates . the king caused proclamations to be made ( for in such cases proclamations declaratory were not conceived in those times to be illegall ) and sent writs into all counties of england , that ( according to ancient custome ) armes should be competently assessed ( or appointed ) for the people : and that they should be ( mustred ) or shewed , and inrolled , that they might be sufficient and competent , according to every mans estate . and see pat. . h. . m. . dors. & m. . dors. cl. . e. . m. . cl. . e. . m. . dors. in scedul . pendent . pat. . e. . m. . cl. . e. . part . . m. . dors. pat. . e. . m. . and rot. vascon. . e. . m. . . . cl. . e. . part . . m. . rot. scot , . e. . m. . franc. . e. . m. . cl. . e. . m. . scot . . r. . m. . franc. . r. . m. . pat. . h. . part . . m. . dors. and after the parl. of . h. . see pat. . h. . part . . m. . dors. . h. . part . m. . dors. pat. . h. . part . . m. . dors. pat. . h. . m. . dors. pat. . h. . m. . dorse . pat. . e. . part . . m. . dors. pat. . e. . part . . m. . dors. and very many more commissions of array in the severall reignes of these princes . see lamb . fol. . a law of king edward the confessor . debent enim universi liberi homines , &c. secundum feodum suum , & secundum tenementa sua arma habere , & illa semper prompta conservare ad tuitionem regni , & servitium dominorum suorum juxta praeceptum domini regis explendum & per agendum . and libr. rubr. scaccarii , fol . the conquerous law in these words , statuimus & firmiter praecipimus , quòd omnes comites , & barones , & milites , & servientes , & universi liberi homines totius regni nostri pred. habeant , & teneant se semper in armis & equis , ut decet & oportet , &c. upon both which it appeares , that every man , as well as the kings tenants , ought to have armes according to his lands , for defence of the kingdome , at the kings command . and hoveden , pag. . in anno . h. . deinde henricus rex angliae focit hanc assisam de habendis armis in angl. &c. king henry the second made an assise of armes for defence of the kingdome , according to the difference of mens abilities , farre differing from that in . e. . and see matth. paris , fol. . a writ of king john to summon omnes liberos homines & servientes , vel quicunque sint , & de quocunque teneant , qui arma habere debeant , vel arma habere possint ; quod sicut , &c. sint apud doveram , ad defendendum caput nostrum , &c. sub poena culvertagii . rot. par. . e. . p. . n. . rot. parl. . e. . p. . n. . see pat. . h. . part . . m. . dors. pat. . h. . part . . m. . dors. cl. . e. . n. . dors. v. . e. . rot. parl. n. . . e. . rot. parl. n. . and others of that time . . h. . r. parl. n. . . h. . r. parl. n. . . h. . r. parl. n. . . h. . c. . stat. . h. . cap. . . h. . rot . parl. part . . m. . see . h. in the preamble , that the subjects , by the duty of their allegiance , are bound to serve their prince in his wars , for the defence of him and the land , against every rebellion , power , and might , reared against him . and . h. . c. . whereas every subject , by the duty of his allegiance , is bound to assist the king at all seasons when need shall require ; and most especially such as have by him promotion or advancement , as grants , and gifts of offices , fees , and annuities , which are , and verily be bound by reason to give their attendance upon his royall person , to defend the same , when he shall fortune to goe in his person in wars for defence of the realm , or against his rebels and enemies . and . el. cap. . be it enacted infavour of fishermen , and mariners , that none of them shall hereafter at any time be compelled against his or their will , to serve as a souldier upon the land or sea , otherwise then as a mariner , except it shall be to serve under any captain of some ship or vessell for landing , to doe some especiall exploit , which mariners have used to do , or under any other person , having authority to withstand any invasion of enemies , or to subdue any rebellion within the realm . and see . h. . cap. , , & . e. . c. . and & ph. & mar. c. . a declaration of the lords and commons assembled in parliament, with additions to a former declaration, dated. iuly . . for the protecting of those who are imployed by the authority of both or either house of parliament, in the execution of the ordinance for the militia: or in advancing the propositions for raising of horse, monyes, or plate according to the instructions of both houses of parliament. england and wales. parliament. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing e ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a declaration of the lords and commons assembled in parliament, with additions to a former declaration, dated. iuly . . for the protecting of those who are imployed by the authority of both or either house of parliament, in the execution of the ordinance for the militia: or in advancing the propositions for raising of horse, monyes, or plate according to the instructions of both houses of parliament. england and wales. parliament. sheet ([ ] p.). printed by a.n. for e. husbands and i. franck and are to be sold at his shop ..., london, : [ ] at head of title: die martis, . iulii. . "ordered that this be forth-with printed. h. elsyng, cler. parl. dom. com." reproduction of original in: eton college. library. eng england and wales. -- army -- appropriations and expenditures -- early works to . great britain -- history -- civil war, - . great britain -- politics and government -- - . broadsides -- england -- london -- th century. a r (wing e ). civilwar no die martis, . iulii. . a declaration of the lords and commons assembled in parliament, with additions to a former declaration, dated. england and wales. parliament c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion die martis , . iulii . . a declaration of the lords and commons assembled in parliament , with additions to a former declaration , dated . iuly . . for the protecting of those who are imployed by the authority of both or either house of parliament , in the execution of the ordinance for the militia : or in advancing the propositions far raising of horse , monyes , or plate according to the instructions of both houses of parliament . the lords and commons in parliament do declare , that it is against the laws and liberties of the kingdom , that any of the subjects thereof should be commanded by the king to attend him at his pleasure , but such as are bound thereto by speciall service ; and if any messengers or officers shall by colour of any command from his majesty , or vvarrant under his majesties hand , arrest , take , or carry away any of his majesties subjects to any place whatsoever , contrary to their wils , that it is both against the laws of the land , the liberty of the subiects , and is to the disturbance of the publick peace of the kingdom : and any of his maiesties subiects so arrested , may lawfully refuse to obey such arrests and commands . and it is further declared , that whosoever is employed by both or either house of parliament , concerning the ordinance for the militia , or in advancing the propositions , for raising of horse , money or plate , according to the instructions of both houses , or in furthering the subscriptions for ireland , or in any other service of both or either house of parliament , shall not depart that service , or attend his maiesty upon any summons or commands , signified by letter , proclamation , or otherwise except such persons shall be compelled to such departure or attendance by authority of law . and in so doing , both houses of parliament will extend the utmost of their power for their indempnity . ordered that this be forth-with printed . h. elsyng , cler. parl. dom. com. london . printed by a. n. for e. husbands and i. franck ▪ and are to be sold at his shop at the kings head in fleetstreet . the speech which the speaker of the house of commons made unto the king in the house of lords, at his passing of the bills therein mentioned, the . of august in the year of our lord . grimston, harbottle, sir, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing g thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) the speech which the speaker of the house of commons made unto the king in the house of lords, at his passing of the bills therein mentioned, the . of august in the year of our lord . grimston, harbottle, sir, - . england and wales. parliament. house of commons. [ ], p. printed by edward husband and tho. newcomb, printers to the house of commons, london : anno . the speaker of the house of commons = sir harbottle grimston. annotation on thomason copy: "sept st". reproduction of the original in the british library. eng great britain -- politics and government -- - -- early works to . a r (thomason e _ ). civilwar no the speech which the speaker of the house of commons made unto the king in the house of lords, at his passing of the bills therein mentioned grimston, harbottle, sir b the rate of defects per , words puts this text in the b category of texts with fewer than defects per , words. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - elspeth healey sampled and proofread - elspeth healey text and markup reviewed and edited - pfs batch review (qc) and xml conversion the speech which the speaker of the house of commons made unto the king in the house of lords , at his passing of the bills therein mentioned , the . of august in the year of our lord . london , printed by edward husband and tho. newcomb , printers to the house of commons , anno . honi soit qvi mal y pense the speech which the speaker of the house of commons made unto the king , the of august , . most gracious soveraign , not many moneths since , england was but a great prison , where the worst of men were our governors , and their vilest lusts the laws by which they governed . the great and most wise god , conveyed divine intelligence into your patient and pious soul , and taught you how by suffering for us , to deliver us from our sufferings ; to knock off our shackles , and set your people at liberty , when neither power , nor policy could effect it . so soon as your majesty set your foot upon your english shore , our prison was turned into a paradice of pleasure , and the whole nation fill'd with joy , and love , and peace . sir , this great blessing is already registred in your peoples thankful hearts ; and they desire that the memory thereof might be perpetuated ; and therefore they have laid it up amongst their choicest jewels , and annext it to their magna charta ▪ which they are willing to pawn unto your majesty , upon condition , when they forget this , to forfeit that and 〈◊〉 . sir , amongst your many illustrious titles , which like fair and beautiful flowers , do adorn and be-deck your royal crown , there 's one exceeds and excels all the rest , as well in vertue as in beauty , and that is your title of defender of the faith . sir , as that title is your honor , so the truth of it , is our happiness . neither the highest provocations , nor the strongest temptations , that ever prince met withal , have been able to shake your victorious faith , nor abate your holy zeal ; witness your first act , after your return to the exercise of your regal power , in your early and timely suppressing prophaneness , and discountenancing debaucht persons , who know not how to express their thankfulness unto god for mercies , but by a sinful drinking them away ; a practise your soul abhors . and as it is your highest honor , to be the defender of that faith which we profess ; so it is the greatest interest , prerogative , and priviledge your majesty can be indowed and invested withal in this world , and will be your most lasting comfort in the world to come , that god who hath hitherto been a sun to direct you , will be a shield to protect you ; and that faith which you defend , will defend you against all your enemies maugre the malice of the devil , and all his wicked instruments . royal sir , your eminent vertues , and those excellent qualifications that god hath bestowed upon you , to make you every way worthy and fit for government , invites us at this time , with joyful hearts , to make our humble addresses unto your majesty , and to give you a chearful accompt of our proceedings this parliament , wherein we have spent our whole time upon publick bills ; some we must confess of very great concernment to your majesty , and all your people , are not yet ripe , nor brought to perfection : but though like an after-crop , yet with the fair weather of your majesties wonted patience , we hope likewise to inn them well at last , to your majesties full satisfaction , and the great contentment of all your loyal and faithful subjects . some bills are passed both houses , and already lodged here , which attend and wait for your majesties royal assent , and i shall humbly beg the favor onely but to touch upon some of those of most publick concernment , by the way , and in transitu , to that bill here in my hand . sir , there is one bill now before you , intituled , an act for the confirmation of judicial proceedings ; the scope and intendment of that bill , is to settle mens estates , which is the way to quiet their mindes ; and when their mindes are at rest , there will be no fear of their breaking the peace , or forfeiting their good-behavior any more in time to come . there is another bill , intituled , an act to prevent the taking of excessive usury . the restraining men of avaritious mindes , whose consciences are as large as their bags , will be a great ease to your people , and an inablement to your merchants the better to go on with their trades . they are the laborious bees that bring in honey into your majesties hive ; and usurers are the lazy , idle droues , that rob your hive of the honey . there is another bill , entituled , an act for a perpetual anniversary thanksgiving to be observed and kept upon the of may : a say that god himself was pleased to honor and adorn with a new additional star , never seen before nor since ; a star of rare aspect , which declar'd to all the world at once , the happy news of your majesties blessed nativity : and as it was your majesties birth-day , so it was the day of your restauration to your kingdoms , parliament , and people : and likewise the day of your peoples re-creation out of a chaos of confusion and misery . and therefore they humbly pray , that not only we ( for there would need no act for that so long as we live ) but that our posterity , and the ages that shall succeed us , might for ever be obliged to set apart that day , as a holy day , to dedicate their praises and thanksgivings up unto almighty god for his miraculous deliverance of this poor nation , when it lay in dust and ashes , in a most miserable , desperate , forlorn , and deplorable condition . there is another bill , entituled , an act of free and general pardon , indempnity and oblivion . it may well be called a free pardon : for your majesty was pleased to offer it before we had confidence enough to ask it , and at a time when your people had most need of it : and it may as truly be called a general pardon , in respect of the extensiveness of it . but looking over a long , black , prodigious , dismal roll and catalogue of malefactors , we there meet not with men , but monsters , guilty of blood , precious blood , precious royal blood , never to be remembred without tears ; incomparable in all the kindes of villany that ever was acted by the worst of miscreants , perverters of religion , subverters of government , false to god , disloyal to the best of kings , and perfidious to their countrey : and therefore we found an absolute and indispensable necessity incumbent upon us , to except and set some apart for treacle , to expel the poison of sin and rebellion out of others , and that they might be made sacrifices to appease gods wrath , and satisfie divine justice . and now i am come to that bill here in my hand , which i am commanded humbly to present your majesty withall . royal sir , your commons , the knights , citizens and burgesses now assembled in parliament , taking into consideration the great and unsupportable burden of the armies and navy , that your people do now groane under ; and knowing , as mony is the sinews of war , so as the state of affairs now stand , that 't is likewise the best medium that can be us'd , in order to the attaining that end we have all so much desired , and so long prayd for , the settlement of a happy peace ; and therefore they have passed this bill entituled , an act for a speedy provision of money , to pay off and disband all the forces of this kingdom both by sea and land , upon which they hope such a sum will be advanced and brought in , as may be sufficient fully to discharge and dispatch that work . and they humbly pray your majesties gracious acceptance thereof , and your royal assent thereunto . i am further to inform and assure your majesty , that your people have passed another supply and revenue unto your majesty , which far surmounteth all they have already done in value , and that is , their hearts and affections ; having their hearts , your majesty may command their purses . most royal soveraign , we have nothing more to offer , or to ask at this time , but your majesties gracious favor , so soon as your service , and the publick affairs will permit , that we might have leave to go into our countries , where we shall make your people sensible of their happiness , in having such a king to govern and rule over them ; and as we praise your majesty , so likewise to pray for your majesty , that you may live long , and reign prosperously . finis . a declaration of the lords and commons assembled in parliament that the sheriffes of london shall be saved and kept harmelesse by the authority of both houses, for not publishing some late messages and proclamations lately sent them in his majesties name. england and wales. parliament. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) a declaration of the lords and commons assembled in parliament that the sheriffes of london shall be saved and kept harmelesse by the authority of both houses, for not publishing some late messages and proclamations lately sent them in his majesties name. england and wales. parliament. sheet ([ ] p.) march . printed at london for john wright in the old-bailey, [london] : . offical date from steele. eng great britain -- history -- civil war, - -- early works to . great britain -- politics and government -- - -- early works to . london (england) -- history -- th century -- early works to . a r (thomason .f. [ ]). civilwar no a declaration of the lords and commons assembled in parliament, that the sheriffes of london shall be saved and kept harmelesse by the autho england and wales. parliament. a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion a declaration of the lords and commons assembled in parliament , that the sheriffes of london shall be saved and kept harmelesse by the authority of both houses , for not publishing some late messages and proclamations lately sent them in his majesties name . whereas divers proclamations , writs , and messages , some under the great seale , and some under the privie signet , have beene directed and delivered unto alderman langham and alderman andrewes , then and yet sheriffs of the city of london and countie of middlesex , commanding them in his maiesties name to execute the same , which proclamations , writs and messages , being contrary to the priviledge of parliament , and some of them conteining matters tending to the scandall of the procéedings thereof , and to the preiudice of the common-wealth , were by order of both or either house of parliament , forbidden to be executed , and the said sheriffs in obedience thereunto , according to their duty did forbeare to execute the same , the lords and commons doe declare , that they well approve of the ready conformity of the said sheriffs to their commands ; and doe further declare and ordaine , that the said sheriffs shall by the authority of both houses be saved and kept harmelesse from all damages and inconveniences that shall or can happen unto them for obeying the said orders , or for any act or thing they have done or shall doe , in pursuance of the said order or orders . ordered by the lords and commons assembled in parliament , that this declaration shall be forthwith printed and published . john browne cler. parliamentorum . march . printed at london for john wright in the old-bailey . . the recantation of the prelate of canterbury being his last advice to his brethren the bishops of england : to consider his fall, observe the times, forsake their wayes, and to joyne in this good work of reformation. laud, william, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing r ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing r estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; :e , no ) the recantation of the prelate of canterbury being his last advice to his brethren the bishops of england : to consider his fall, observe the times, forsake their wayes, and to joyne in this good work of reformation. laud, william, - . [ ], p. [s.n.], london : . imperfect: irregular numbering of the tracts e. , no. missing in number only. e. , no. erroneously filmed as e. , no. . reproduction of original in thomason collection, british library. eng church of england -- history -- th century -- sources. great britain -- politics and government -- - . great britain -- church history -- th century -- sources. a r (wing r ). civilwar no the recantation of the prelate of canterbury: being his last advice to his brethren the bishops of england: to consider his fall, observe th [no entry] c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - tcp staff (michigan) sampled and proofread - apex covantage rekeyed and resubmitted - ali jakobson sampled and proofread - ali jakobson text and markup reviewed and edited - pfs batch review (qc) and xml conversion the recantation of the prelate of canterbury : being his last advice to his brethren the bishops of england : to consider his fall , observe the times , forsake their wayes , and to joyne in this good work of reformation . remember that yee magnifie this great worke which men behold , the nations that knew not god , shall rejoyce at it , the noyse thereof shall go to the ends of the world , psal. london , printed , . to his ever much esteemed , and most deserving friend , the authour of this palinodia . whilst thou un-mytr'st prelats , lo ! we bow to gather gracious garlands for thy brow . and 'cause thou wound'st them with so sweet a grace , they cannot grudge , but smiling on thy face , must humbly kisse the rod : so , make thy way through glories aire , untill the vulgar eie forget thee , and aethereall thou appeare vnto the sons of wisdome , like a cleere and select star , which cannot deigne to bow , and court the empty vapours here below . p. a. palinodia cantuariensis . though the wicked hath settled his habitation with the eagle among the starres , and say in his minde , i shall not be changed , i shall not taste of affliction , neither shall the dayes of adversity lay hold on me , yet there is an appointed time for all things , and the almighty who hath disposed the whole world , and hath charge over the earth , will not pervert judgement , his eyes are upon the wayes of man , he seeth all his goings , there is no darknesse , nor shaddow of death where the workers of iniquity may hide themselves , but in end the fulnesse of destruction will come upon them , as the wide breaking in of waters : terrors will persue their souls as the winde , and their welfair shall passe away as a cloud . to these great verities do i now humble my self , and in the sense of that convincing power ( my reverend brethren , who should be to your times the beauty of integrity ) that shakes my minde as an earthquake , do i pronounce the children of wisedome blessed , and that no state is so good , so sure , so happy , as the state of a good conscience . but alas , the immoderate desire of a foolish glory , and the passion to raise my condition to an height as unlawfull as unbeseeming , and the want of an humble affection to truth , and hatred of error , hath now produced me an example to after ages , and a beaken to preserve you from ship wrack , since therefore my angry starres , will that i forfeit my reputation to shame , and my life t● justice ; suffer me ( ye that have had a communion of fortune with me , and on whom the door of favour is not , yet altogether shat ) suffer me to pour further my soul in the bosome of your compassion : resigne all your tears to me , that i may weep for this day , this day of indignation , which hath swallowed me up as a prey , and wherein destruction hath come upon me like an armed man , receive these my words , my last words , i bequeath to you the counsels of truth , which if ye treasure up in your minde , will be a cordiall to make you live , and not die , for now i am upon the borders of time , the vail is removed , and i must enter eternity , t is no more time to dally with the gospell , and the world . ye have been my fellow-labourers in a strange work , which we must now confesse , is not of god , and therfore wonder not , if it tumble down . we have miserably prostituted our souls to the imagination of a miter , whose glory cannot save us in the day of shame , and all our endeavours have been to erect an hierarchy , upon the ruines of religion and common-wealths . o consider this , ye that figure to your self a happinesse , where there is none , and look what pleasure i have of those things , whereof i am now ashamed , no nothing but the comfortlesse stings of a restlesse remembrance , of by gone unanswerable deeds , w●● i speak with horror , and professe with a bleeding heart . i have embraced that shaddow which ye so hotly court ; i have been lift up to the pinacle of the temple , whereat ye so zealously aspire , and was gazed upon as a starre , which gave life , and motion to you all ; i have trode these same paths wherein ye contend , and liberally tasted these empty pleasures of preferments . and of all my labours , have reaped nothing , but hatred , and ruine to my self , misery , and reproach to the church . and it is in vain to put the day of evill , and justice far from me , for it he that lately did swim in his princes smiles , on vvhom nature had bestowed her great abilities with a liberall hand , and fortune had bountifully opened her brest , could finde no eloquence to be with the sword of justice , nor to mollifie the cruelty of the times , but behoved to drink the unavoidable cup presented to him , what can i expect when the appetite of revenge is set on edge ? and if wrath has so easily travelled over mountains , how shall it not strike flat the molehils : if the angry thunder made the noble cedars shrink , how shall not the silly shrubs , lately crept from the mud of the valleys be drowned in their primitive basenesse ? i will not harbour the least hopes of escape , or think that my surplice stained with the adulterous spots , of the great whore , can plead favour , when the purple richly dy'd with the rayes of his majesties countenance , could not meet with pardon . though i have hitherto deckt my self with a kinde of majesty , and grace , in my prelaticall pride arrayed with splendor , and taught the gazing times to hide my faults , giving my plots good fortune , yet behold , an ungratious light ( sudden as a tempest at sea ) hath discovered my nakednesse , and publisht my shame ; i am vile , and abased , trode down , and hid in the dust ; judgement and justice take hold on me , and cast abroad the rage of their wrath , which will certainly extend their terrours to you , and grinde you to powder , if ye forsake not these wayes , whose going down are to the chambers of death . and therefore while my oyl is yet lasting , and my taper weakly burning , i will disclose the true causes of this great misery , and help you with an upright confession of my wayes , as a sacrifice for my self ( if it were possible to expiat the stain of my dishonour , and appease the worlds displeasure , universall as the sunne-beams , and hot consuming flames ) and a testimony against you ( o children of defection ) in the day of your accompt . that i might appear a great church-man of vast desires , and designes , being radically resolved to set up a tyrannicall power in the persons of prelates , over the worship of god , over the consciences , liberties , and goods of the people , it cannot be denyed , but i have negotiated most eagerly , and strained all possibilities , and stratagems of state , to erect an hierarchy , forgetting the directions of the gospel , and the bonds of monarchy , and the cryes of the oppressed , leaving nothing undone to promote my intentions , and atchieve my ends , to which i had emancipated all thepowers of my mind , with so strong a passion , as if i had been sent into the world for no other purpose , or as if the glory of god had been interessed , the honor of the king wounded , and all religion had consisted in episcopacy . this i thought to effectuate two manner of wayes , especially , first by establishing my self at home in england , in the power of sole and universall jurisdiction , and that i might attain to be a patriarch , for which ye know i have not stuck to plead contentiously . . by bringing the neighbour nations of his majesties dominions , but most particularly that kingdom of scotland ( to me so fatall ) under my verge , and to the obedience of these novations , and alternations , wherein my grandeur , and this change did essentially consist ; with what excrbitancy of overdaring pride , and what insolency i have swayed all in the church of england . how impudently i laid by the pastorall duty , and a care to approve my self to the eternall and secular powers ; how i have neglected all fear of laws , of censure and shame , since i obtained the chair of canterbury , and begun my antichristian raign , imposing absolute tyranny on the souls and wils of people , shall the after-age be hardly induced to beleeve . o b●t behold your poor primitive mother , the distressed church of this iland , ( if you be the children concerned in her bleeding miseries ) and look how wofully she is torn , how we have opened her tender sides , pulled her crown from her head , and trode her under foot , nay she lyes breathlesses , all covered with wounds , with sores all defiled , and those glorious twins , religion and peace , who loved to triumph here , sweetly kissing each other , spreading over us the beauty of their halcyonian dayes , how have we alas so shreudly , so undeservedly banished , and given place to the unquiet furies of ugly error , and bloudy warre , so that whiles she lyes labouring , like a disgraced virgin under the throwes of her thick coming sorrows , in all the corners of the land , may it justly , be complained . postquam interna furor discerpere viscera caepit , omnia membra labant , soluto & defecta vigore , tabescunt , tota penitus compage soluta a capite ad calcem vestigia nulla salutis quippe ubi cor languct , vitalia cuncta laborant . quis miserae queat ecclesiae memorare dolores , vulnera deflere lachrimis ? mala dicere verbis ? nec mihi si centum linguae , totidem ora sonarent , nec si mconii vatis torrente redundem , nec si mell●fl●i contingat musa maronis haec satis enumerem , subsint aut verba volenti . but now her cryes have peirced the clouds , and he that said he would come , does come full of vengeance , with phials of wrath in his hand to poure upon those who have so sore oppressed her . i did voluntary forego her wo , and sacrificing to the lusts of my own minde , i lul'd the world a sleep , that the throne which i was building , for the greatnesse of my name , might rise more safely , i had erected a kinde of inquisition through the whole land , and none dared so much to look stern upon the face of episcopacy , ( though they had been most eminent in all the graces of the spirit ) but presently behoved to be crushed ; i had so cunningly interlaced the image of the beast , with his majesties pourtrait , that none durst inveyagainst the one , but presently behoved to injure the other ( thus caught within the compasse of treason , ) by a strange divinity , assuring the world , that the crown could not flourish on the kings head , without the fellowship of a miter ; all my pretentions were deeply guilded with the beams of authority , which through inadvertencie , and fashion of times , i made usher in such strangers , as deflored the church , abused the state , and dishonoured the whole dominion . when the seeds of arminianisme , superstition , and popery , ( by my episcopall law more tendering the honour of hierarchy , then the gospels integritie ) simplicity had been very luxuriant , and over-run the whole vineyard , i knew that as rome was now filled with joy , for the fair hopes of our return to her , so was england , and all the churches reformed choakt with fear and sorrow ; for alas , even as the earth looks sad , and sullen , at the sunnes departure , and every tree , every flower puts forth a tear when he renews his comfort , why do not we conceive the lovers of the spirit of truth , must be dismayed , wounded in heart , and cloathed in sorrow when truth is banisht from out the face of the earth . yet would i never make scruple ( out of zeal to that spirituall monarchy ) to tread down all those who were bold to speak against the calamities of times , iniquities of the times , and the injuiries done to the gospel , though we must all confesse the spirit of truth , did powerfully dwell in them . i suppressed them , removed them , and send them in banishment beyond sea , thereby depriving church and common-wealth of their christian help , both in religion , and policy ; but my own creatures , willing instruments to promote my counsells , and projects , were most solemnly advanced to the places in church and state . thus we went on , kept our correspondence , and ordored our game by such a strange cunning , and violence , that there remains a black history for our deeds , which will hardly meet with belief in other churches . by the whole current of my carriage , by my practises , wayes , motions , and intelligence ye knew , alas , that i was about that great work of the whore of rome , ( in such sort that some of the pasquils of the time have charactered me her laborious pander ) to make the possession of world hers , and derogate from the glory of the gospel , and honour of kings . o be ashamed for so miserably prostituting your selves , and your souls to the domineering pride of my humor , in fomenting my popish intentions , constantly followed by you , as if we had joyntly conspired to the overthrow of truth and religion . and because the printers presse did often speake the times , and tell the world the mystery of my episcopising , therefore did i arrogate to my selfe the keys thereof , and making the power of printing depend on me , did shut and open the same at my pleasure . neither durst any booke though never so richly embellisht with the treasures of piety and wisdome once appeare , untill by a supercillious license my canonicke secretaries had first found it relish deeply of the romish and arminian poyson . and as i was the rule of doctrine , intending and remitting the qualities of sermons , as the conditions of times required , so were many pulpits prophaned with heresies , revilings , and scurrilous reproches ; nay , wherein have i restrained my insolent , and unbridled minde in the pursuit of my superstitious follies ? what statute civill or ecclesiasticall cannot rise up against mee , and argue guilty ? to shew how i have framed new constitutions , ceremonies without number , which infest the world daily more and more , canons , and articles , and oaths , printed , published , and forced upon the people ? how wee have dared to grant licenses , and make presumptuous dispensations ? how we have kept courts , made all our processes , summons , citations , and censures in our owne name , & style , it would make a history as long as tedious to the world , as shamefull to my abhorred selfe : they are written with the point of a diamond on all the church windows , every letter whereof to mee is a nigrum theta ; for it must be confessed , that i and my furious faction so ordered all , untill all was put out of frame , making the kingdome the object of pitie , lacerate with many miseries and distresses , and my selfe of too just an hate , thereby giving occasion to the enemies of the gospel , to sing te deum , and to the church of england to cry ichabod . and never more justly then now might it be said , men groan from out of the city , and the souls of the wounded cry out . but i forbeare to enlarge my self , and afflict you with the sad relation of these conveyances wherein yee had a great hand , & to which yee are privy , only let me confound my self , before the world in this declaration concerning my tyranny in the scottish affaires , because it is the most eminent , and funest act of the tragedy , and has proved most effectuall to my perdition , and from thence unde dolor & lachrymae , put forth a prophesie to you of these evils , which will certainly come upon you likewayes , breake you asunder , and shake you to pieces , if you stop your eares , and still hate to be reformed , when hee that is the confidence of all the ends of the earth , hath now revealed himselfe so powerfully , and answered the expectation of the upright creature by terrible things , in righteousnesse ; for i know the end of your hopes , and gave expansion to my soule to seek the things of this world , and not of god , but now , behold , i stand upon the stage of mortality like an accursed tree , the miserable object of this age , groan under the hatred of three kingdomes , able to crush all the miters in england , ready to be teared by the wrath of mine enemies , who sharpe their eyes against mee . not content with that absolute power which the errour and consuetude of times , and the indulgence of princes ( importuned with restlesse ambition ) suffered to fall upon mee heere in the english church , i would needes dilate my selfe like a swolne cloud of infection , to obscure the light , to poyson the aire , and to trouble the calme , and serenity of other kingdomes ; i could not endure that other churches should looke grievously , and a squint upon our manner of government . for i must confesse , my intentions were deepe and large , against all the reformed churches , and reformation of religion , which through his majesties dominions i had wounded to the very soul , so that it lay groveling , and panting on the ground ready to expire , if i had not been removed , and our plots detected to the glory of god , to the honour of king and parliament , to the terrour of the wicked , and comfort of all those who have bin labouring after the beauty of these times , and would have bought these acceptable days with many thousands . for this purpose , i made the first assault on the weaknesse of scotland , ( as in my light estimation i conceived , but was destitute of the spirit of prophecie ) and caused to be compiled a service booke for their devotion , obtruding the same upon their church , which i knew the tenderness of their conscience could no ways endure ; yet by my owne counsell i was cast down ; for though i knew well it was nothing else but a strange rhapsody of all unclean things and unsavoury , wch once received in the bowels of church or state , could never give rest , till like a virulent poyson it had begotten intestine warre in the body ecclesiastick and civill . i knew likewayes it overturned from the foundation the order of their church , making a large entry to all novations to come , being repugnant to the doctrine , discipline , and order of their reformation , to their confession of faith , constitutions of their generall assemblies , and acts of their parliament establishing true religion ; yet would i needs enforce that booke upon a nation , which sooner would have welcomed the plague , the famine , and the sword . hence did spring this terrible combustion , ( which i feare shall no other wayes be quenched , then by the bloud of that faction which caused the same ) now threatning with open mouth , and implacable fury to devoure us all ; when the scots affrighted with such an unknown monster had in most humble manner prostrate themselvs to authority , and craved a dispensation , from that imprestable obedience , not able to drinke that poyson which i had so imperiously presented to them , as if supreame majesty had been violated , monarchy affronted , and a royall prerogative many wayes injured , i armed authority against them , and made such strange pretences , dissembling a zeale to the honour of the crowne ( which meane while i was trampling under-foote ) that any thing behoved to bee done , all the treasures of revenge were to be wasted , before his majesties command did not meete with full obedience ; but the suggestions and motions were ever mine , most palpably to blow up all , and involve all in conflagration . all the supplications ( both pious and frequent ) the declarations , informations , and reformations ( to which none of us could ever reply ) of that afflicted nation , i caused to bee suppressed most diligently ( not able to stand before such a light , and fearing they should work the overthrow of our cause ) and procured them to bee answered , with terrible proclamations . and when they were constrained to use the remedy of protestation , without any scruple or tryall of the busines , ( like an undistinguishing fire that delights to feed it self by embracing all objects ) i caused them bee declared and published , in all the churches of england , traitors , and rebells ; and lastly when they were seeking to possesse their religion against my strange devices , and novations , i kindled the fatall warre , and rather then i should fall from my counsels , and have any of my intentions cast back on my face , i chosed to cover the whole island with bloud . and therefore having once espoused the roman quarrell , i caused display an open banner and mustered my forces , called forth my squadrons ( as if religion , and the honour royall had been lying at the stake ) and set forth an episcopall expedition for defence of the mitre , which in end will be covered with ashes in despight of all created powers . but ô yee of little providence , for what all this fury ? where were your souls ? and why did none of us foresee the black successe of such destructive , distempers , and unmercifull extremities ? but this was our houre , our very houre , wherein wee were wise to our owne destruction . thus when by our working the land was divided in two armies , advanced and brought in view of each other , yet not so much as a dog to offend ; when all matters were sweetly composed , and by a pacification as undesired as unexpected of us both nations had comforted themselves with the hopes of peace and quietnesse , then like an angry wind that layes bare the very ocean , or like fire imprisoned , i burst forth and spred my self with greater violence , and could not give rest to my mind , till a new war was kindled , and all things for their destruction with a fresher resolution then before prepared against them . how i bestirred by self both at the counsell table , and privy juncto , to reproach all his majesties royall intentions of peace with his subjects , and that pacification as dishonourable , and fit to be broken , yee can all beare mee record . i controlled the judgement of the whole kingdome and parliament . and though they found no just reason and emergencie for warre , yet because i apprehended our kingdome was like to make a fatall end , and our babel was trembling , ready to tumble down about our eares , and that there was no safety left but to build upon the ruines of their confusion , therefore in politick probability i thought it most fit to shake all , and put all in divisions and disorders , that so wee might work our owne safety , and the redemption of hierarchy from the publike reproach , fishing in troubled waters : thus in my gracelesse fagacity , i concluded it good counsell to bring both kingdomes neerer to ruine , that being made poore and passive , they might be ruled with the more ease . it is not unknown to you all how impudently , and blasphemously i railed against that covenant of scotland , ( which like a terrible spear in the hand of the mighty has strickē us through the very soul , & must triūph through the world , to the abolishing of that great bishop , if wee observe the indeniable finger of a providence ) though it was most true that the same did containe nothing but the marrow of religion , was approved by nationall assemblies , subscribed by his majesties commissioners , & by the lords of his majesties counsell , and by them commanded to be subscribed by all the subjects of that kingdome , as a testimony of their duty to god & the king . though the beautiful face of religion which did shine there most gloriously , and all these warrants in a morall way could have justified them , and taught mee better manners , yet i would break through all considerations , and make good my mistake , using that power whereof i was in possession to the effectuall embracements of my owne wishes . as they used all means to approve themselves to god and man , and deliver unto their posteritie the true religion in her purity and majesty , so i professe my study was to render them odious , charging with unquestioned guilt these subjects that endeavoured to gain his majesties favour and were most faithfull to his crown , and dignity . when the parliament could not bee induced to discend into warre against a nation , maintaining their religion , and liberties , i did impede their procedings , and stop their resolutions , as if they had met for no other purpose , then to give up their judgements to mee , and evidence their devotion to my corrupt ends . and not only did i advise the breaking up of that high and honourable court of parliament , ( on which all the eys of europe were fastned , and whence the reformed churches expected refreshment ) but did like-ways sit still in the convocation house , making canons and constitutions : ordaining under all highest paines , that hereafter the clergy should preach foure times in the yeere such doctrines as were contrary not only to the scottish proceedings , but to the doctrines and proceedings of other churches , to the judgement of all sound divines , and politiques , and tending to the utter slavery , and ruining of all estates , and kingdomes , and to the dishonour of kings , and monarchs . not content herewith , i procured six subsidies to be levied of the clergie , under pain of deprivation to al who should refuse for this great exigency , and holy war . and as if all these had not been sufficient ( o hide your faces , and blush for shame ) i caused frame and print a prayer , and sent through all the parishes of england , to be said in time of divine service , against that nation by the name of traiterous subjects having cast off all obedience to their anointed soveraigne , and comming in a rebellious manner to invade england , that shame might cover their faces , as enemies to god and the king . here let horrour and wonder sease your soul , and all religion and c●dor be ashamed ; if these alas be the fruits of the spirit of truth , and peace , or the words of charity or the wayes of the gospel god and the world will judge . many strange oaths i invented pressing them upon the paine of imprisonment and huge pecuniall mulets . and in that sacred synod ( as wee called it , but god is not mocked ) was that love-lock of antichrist forged , that prodigious that bottomlesse and unlimited oath coined , which was provided most prudently as bonds and chaines to ty the laity from invading our liberties which wee conceived to be powerfully fortified with our imperiors canons as a rampard : so that if the wisdome of the state , in the great counsell and supreame senate of the kingdome , should think fit to alter any thing hereafter in the government of the church , we gloried in this as a master-piece of providence , to anticipate and forestall their judgement by making them sweare before hand to damnable heresies ( for why should i now dissemble ) that the government of archbishops , bishops , deacons , &c. ( a strange mishap in monster with a dragons taile , not sprung from scripture , ) is jure divino , and that they should never give consent to any alteration . this was a heavie yoke , and strong fetters cast upon christian liberty . yee all know what meanes wee used in that our conclave to make all sure against the storme that threatned us : for the motive of our meeting was not the peace and purity of the church , ( nay , we threw oile in the flame ) nor the extirping of heresies , ( for day after day they set up their abominable heads , and came forth as locusts out of the pit ) and establishing the truth , in the power of doctrine and discipline ; but to assure our episcopacie , and exalt hierarchie , which was now fainting and languishing under the weight of so many reproaches ready to expire . if we dare not for the illegality of these canons , appeare before that powerfull sun-beame ( the estates of parliament ) which doth melt us like snow , and make us ashamed like bats and owls , where shall we stand for their impietie in the great day of our reckoning . these , ô these be the trophees of my triumph , these bee the garlands adorning my mitre , which are now desperatly blasted with the angriest thunder that ever fell upon an ambitious hea● , which shall be likeways shortly turned to cypresse at my unlamented funerals . the black cloud of dishonour hangs over me , and i am drowned in shame ; i am now the despised prey of the world , the noysome spectacle of this age , example of justice to all those who dare crucifie the harmlesse truth , disgrace the beauty of the glorious light , resist the graces of the gospell , stifle the rayes of majesty with impure smoake , and drinke with open throat the intoxicate cup of accursed preferment , which taints the judgement , and poysons the heart : and therefore on the bended knees of my soule let mee entreat you , to cast your eyes upon mee , not for pity and wonder only , but to hate those things which have plunged me in this depth of misery . goe measure the height of your hopes , examine the very life & strength of my happines , and compare it with that weight of anguish , that mighty trouble of mind , those heavy disappointments , the loss of reputation , that bitter hatred ( one dram of which evils , drowns the memory of all my forsaken follies , and deceitfull policies ) and let this sad and serious remonstrance beget in you a perfit hatred of my ways , opinions and practices , and bring forth in your melting souls , a tender love to the peace of the church : as you would embrace your owne eternall weal . for behold i had lately established my self upon the tops of the mountaines , and thought i could not be removed , and flourishing like a bay tree , the terrour of three nations , feared at home , reverenced abroad , ( in such sort that the romish church thought her selfe meritoriously acquit , when she made eminent mention of mee in her prayers , as of the rulers of kingdomes , and princes of the earth , that god would blesse so worthy a prelate , and the great worke in his hands ) but now i passe away , and my memory stinketh , lo , there are no more eys in the kingdomes , nay , in all the neighbour churches almost , then are bent against mee , and setting me up as a mark , do shoot their anger at mee , and gaze at me with out-stretched necks : consider this , and looke a little how abject i am now , and how they have pestred mee , every mouth is filled with railings , and i remaine the subject and recreation of the more frolick pens . the world has consulted with my fate , and found nothing but tyranny contained in the leaf of my destiny , which they have pickt out in the anatomy of my name , as if i had beene a man set apart for the abuse of churches and kingdomes , while one doth persecute me with this anagram , william laude . anagram . i made will law . sp'rit of delusion , church and state have found this wrapt in thy black fate : thou rearedst forth the canon law , and trembling madst them stand in aw , and both the scepters swaya'st , but now thy mitre tumbles from thy brow , thy maske is torn , and we do see the flames of thine adulterate eye , 't was from the north was heard the voice making all england to rejoyce , which first betrayed thee to thy shame , and did display thy stinking fame : with tyrant laws , and iron rod , thou mad'st the prouder mountains nod and caedars reel , thence thou wouldst try the artick pole , and reach the skie , but thence great terrours , lightnings , thunder did teare thy throne , thy selfe asunder , and drown'd thee in eternall night proud and counterfeited light . 't is reason scurvy mitres fall , before base statesmoles sink us all . if this be the world's estimation , how is my garland now humbled , and layed in the dust ? where is that honour , that usurped power by which i knew well how to muzzell the times , and correct the petulancie of the bolder pens ? but now they are filled with the venom of asps , and cast forth flouds of gall upon me . lo here another monument of my fame , for i thought good to shew you with what honourable elegies they resolve to attend my herse , that yee may be acquainted with your panegyricks before they be engraven on your tombe , no kind recompence they will allow you nor such as this . like to a blazing comet in the north drowning the neighbour stars , and casting forth a floud of fire , that poyson'd all the aire , and darkn'd the light , thou didst ere-while appeare , sulphureous meteor , dangling in thy skie , thou thoughtst thou couldst the sun with beauty die , and soveraignly presumedst to dispence on everything thy usurped influence . base , putrid vapour , which some gentle rayes , when phoebus smiling on the centre plays , hath lately but exhal'd , and with his beams hath so so deeply guilded , that it seems thou art a star indeed , 'cause thou didst mock the moon and heavenly bodies , and provoke , climbing with jealousie as to a crown , like lucifer thou dyest , and art thrown down . here is likeways the lash of another unmercifull pen ; it is my glory to abhor my self , and i must present these little flourishes to you who like camelions feed on the aire of popularity , that in them as in a mirrour , yee may discover the minde of the people , and their propension to hate you as vipers & serpents , enemies to mankind . laude tibi laudis nomen malefacta dedere , vt sine laude praeis , sic sine laude peris , perniciem in patriae natus , regisque ruinam es , nequam es consiliis , alter & achitophel : hic natum in patrem docuit fera bella movere , tu natum in matrem bella ciere doces . vt tibi perfidiis fuit ille exemplar iniquis , sic tibi sit mortis unica norm atuae i morere ut meritus , laqueoque averte laborem carnificis , patriae carnificina tuae . a comfortlesse comparison and sad sentence : but what will not a provoked people ( alas too justly provoked ) say in the heat of their rage ? all language is too narrow . if you will have more evidences of the universall distaste , and know how perfectly odious i am , cast your eyes upon this following satyre , where they have stretcht themselves to the furthest extent of language , & made me aswell a devill , as a tyrant , resolving my name thus , william lade . anagram . i am a divell . then like a fury poast to tartarus , vngentle monster , and depart from us , sinke to the brazen-gated deep abysse , and there iriumph , quaff stygian nonacris . now , now the tale-tell god displays his light , to shew the world the horrour of thy night ; at whose approach perfuming all the aire with spicie vapours , spirits must disappeare . hence , hence , on sorrow and revenge to feed , go pulla viper from alectoe's head ; like angry winds goe whip the stygian lake , and rodomanthoes iron throne make shake ; go swallow lightnings , dart thy prouder thunder , fill hell , as earth , with horrours , fear , and wonder . we make more heavenly musique at thy fall , then all the spheares that dance about the ball . here comes forth another full of spight as the grape ready to burst , and shoots his arrows against me , whose poyson doth make my spirit to smart . to the memory of the true labourer in the roman cause , the prelate of canterbury . laborious pander to the whore of rome , th'hast acted bravely , and deserv'st a room above all those who could divide , confound , and raze a church , and kingdome to the ground . thou sprung'st most proudly with aspiring vole which could not stoop but to the capitole . the church , the state , lay panting under neath thy pestring foot , and durst not once but breath a sigh , or groan , nay , though the times we sie were bleeding forth their soul , yet durst not cry . thou pick'st the diamonds from the diademe t' adorn the mitre , and t' exalt the name of prelacy'bove power secular , which shines beside your moon , but like a star . dread prelat lambethan , thou shalt be known where ere the roman eagle yet has flown : nor becket , wolsey , nor the hot-braind crew , who did the harmlesse truth so sore pursue , gregorian kalendar have beautified , so nobly as thou in rubricks deified . 't is true enraged times may sacrifice thee for thy zeale , laugh forth thine elegies , and make thee a proverb , yet the lady of lands which doth embrace the world , amazed stands and weeps thy losse , the consistoriall train , his holinesse himself , do much complain , and sweare th' have loos'd th' arch-feather of their wings by which they used to soare above the kings : therefore about each altar shall they bayes throng most solemnly , incense of thy prayse shall stream through every grieved cathedrall , while all the bels tole forth thy funerall . thus am i tossed and made the scorne of time , they hold it good service to the present age , and posterity , to limne me in an hideous hue , and contend whose pen shal be most pungent , and victorious in the pasquill : these same palmes are springing and ripening for you , if yee continue to incense the impetuous people , now in a dangerous agitation , which though oftentimes undistinguishing , yet nothing mistaken in me . i desire therefore to entreat you , and conjure you all , in the power of passion , to be no more heires of my institutions and designes , but rather be astonished , putting on wonder , and pitie : for i must tell you , some think that prophesie ( thirteene revel. at the last ) about the beast comming out of the earth , which spoke as a dragon , even now to be fulfilled , and the mystery thereof revealed in my name , the numerall letters whereof being thus written will . lavd make directly the number of the beast . i am the beast count it that can , this is the number , i am the man . if this cōmentary be not accurate , yet sure the envy is exact , which should beget remorse and feare in mee , and wisdome in you , for it will not forbear you when your cup shall be full . o the revolution of times , o the hopes of man ! how happy is hee who is prepared for all the turnings of the world ? i must be shortly dissolved , brethren , and have faithfully ( as becomes one in the last article of his tim● ) cast open to you the inner cabinet of my heart , where you may see the very fountain and root of all my woes , and learn to correct the perversnes of your own souls , & come out of babell , as you would flie from a falling towre . let my words be precious to you , my condition terrible , and this my lamentation , which i have bathed in dearest teares of bitter grief , that ever sought to language for relief . unmaske your eyes , and reclaime you from that spirituall adultery , whereby yee have so grievously prophaned the chastity of religion , and given offence to the reformed churches . o with what exact humility would i cast my self in the bosome of that truth which i have wounded , if i thought my return would be gracious to the world . i know of what spirit yee be , and in the days of my labour did swell with that happinesse which yee all promise to your selves . but take knowledge from me who has bought it at so deare a rate , and assure your selves that the hopes of the righteous shal be gladnes , when the expectation of the wicked shall perish . truth must triumph . what shall i doe to enforce this great resolution which concernes you as the life of your souls ? even to quit that your darling which you have hug'd so dearly ; to lay by your rochets , renounce your episcopacie , which has ever been the very root of all these ceremonies which this day doe infest the world , & have of old produced the mystery of iniquity : once begin to entertain this thought that you are fighting against the heavens , and forsake those things which do so evidently soment the combustions of the christian world . how many rites , and orders , and ceremonies , and comick follies , & novations ( which are not confined to number , but still springing up after the vanity of the imagination of the heart of man ) doe attend that antichristian prelacie , as the tail of the comet doth follow the imperfect mistion of the evanishing body , which must all be drowned in the clouds of shame , when the sun comes forth in majesty like a valiant champion , to chase ungracious darknesse from the face of heaven and earth ? o be ashamed , for all that is deare to you in heaven or in earth be ashamed , for the peace of your minde , for the worlds reputation , and the welfare of your deare primitive mother the church , be ashamed of these lordly dignities , that abhorred preheminence . no wonder wee have so long troubled the calme of church and common-wealth , because being lift up to the unnaturall places of preferment , we are out of our element , and so cannot give rest to our selves , nor the world . 't is no time to stand out any more , multitude of days may teach you wisdome ; god is thundring from above , and in a veine of working miracles . the mystery of inquity is now perfectly revealed , and the world begins to be weary of that tyranny and iron rod , which so cruelly has bruised the powers of the earth , and twiched with repentance , shall shortly swell with the spirit of revenge ; joyne therefore cheerfully hand in hand to this reformation : behold , the voice of the turtle is heard in the land . night is gone , the day is come , even the day of his power , the beauty of his holinesse ; for now hee will make knowne the strength of his kingdome , and his subjects shall bee multiplied as the dew from the wombe of the morning . can yee restraine the influence of his will ? or make his eternall purpose of no effect ? o remember that yee magnifie this great worke which men behold , the nations that knew no god shall rejoyce at it , the noyse thereof shall goe to the ends of the world . enquire of the dayes of old , and aske the generations past , since this island was blessed with the prerogative of the gospell ( whereat the rest of the world may stand jealous , and amazed ) if ever the revelation of the glory of god , was working more powerfully . nay , certainly , it must be confessed , if wee believe the scriptures , that as the great bishop of bishops , that man of sin , that has so long deluded the kings of the earth , making them worship vain imaginations , must be swept out of the church , and be destroyed , so now , even now the disenchanted world thrusts at his very soule through our sides . and those who are more inward with the spirit of discerning , and observe the advancing of the prophesies , and long after the riches of the gospell to be powred forth upon the fulnesse of nations , have joyfully found ; in these times a very strange revolution , and that the powers of heaven are shaken , as if it had been mystically foretold in the psalme , verse . {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} whose numerall letters produce directly the strange yeere , even the yeere , wherein by the dread covenant of scotland most especially , and ever since by the deportments of the children of peace and terrour , the god of truth seemed to make a vow against us . this computation doth hold in english , as in the hebrew , his worke is honovrable , and gloriovs , and his righteovsnesse endvrech for ever , which cannot be but strange , and joyned with the consonancy of times abroad and at home , and the congruity of spirits and humours of men , might charge you with this sad acknowledgment , and beget in you a curiosity to observe what god is doing . we must indeed be forced to acknowledge from the sense of our losses , from the daily decreasing of our glory , and the advancements of our enemies , since that great yeere ( which by after ages shall be observed as the times of babylonish confusion ) that the lord has beene with them wonderfully , that wee have beene deserted in every particular , and tumbling from a precipice day by day , so that it were madnesse to thinke wee shall recover our game , or attain to the tops of the mountains from whence wee are falne : this assistance , and the very time of the beginning of this reformation is observed by the more curious to have been promised , as it were , and intimated in the chron. . . in these . the lord is with yov while yee bee with him , whose numerall letters , fulfill the same yeer . but howsoever those curiosities hold , prophesies are no more mysteries , when mysteries are unvailed , and become histories , for we have found those times , the beginnings of a revolution , which tend to great and effectuall alterations , which have given such a swing to the whole fabrick of our kingdome , that the ligatures thereof are shaken . nay , though we should use all nature and art to cement the same , it shall not avail , it shall not prosper , because the finger of god is against us . wee need not straine arguments afarre , to bring this home to your indocile soules , and possesse you with this assurance , that there is a great work begun which shall be consummate with glory , to the joy of the friends of the gospell , and utter confusion of the enemies of peace and truth ; and that in the church of england likewayes , there is certainly a reformation to be looked for , as in the church of scotland , which has ( to the great emulation of the dis-heartned people here , in this houre of hope , promising to themselves a certain relief ) so restored religion and truth to their splendour and purity ( through the particular finger of god ) that this day it is the measure of the desires , and the height of the wishes , of all distressed churches to be established in the comforts of such a reformation as they now enjoy . if the purpose of god by the condition of these times , and this strange working , be not manifested to you , advise with politike probability ( yee that are jesuited statists ) and behold how every thing strugles for our confusion . the winds are let loose from all the corners of the earth , and spread themselves furiously : all mens affections decay almost , and are loosed to the leaders of that great cause , for which we have poured out our souls ( but unprofitably as waters spilt on the ground ) . for though to the gloriation of papists ( which they have openly , and insolently declared in print ) the face of our church was changed , and the language thereof altered , yet now consider the temper of mens minds , the strength of their wishes , and power of their affection . nothing but universall detestation , and aversenesse from us , and our wayes , nothing but an inclination well followed , with the maturity of times , to the contrary in all points . for the people , like a field of standing corne moved by a stiffe gale , do all bow their heads one way , or like a strong tyde chased by the winde do all make but one current . there is likeways a certain quickning , and agitation , and expectation in the spirits of men , to believe , and hope for the beauty of reformation , and our utter removall , according as they have been ( no question ) effectually praying , and of late in an extraordinary manner , reporting the comfort of a sure confidence . now tell me if yee conceive it possible , that so great a work , so eminently assisted by him who holds the ends of the world in his hands , can be deserted , but that it shall be crowned with the copestone , else they had losed their prayers , and the strength of their wit , by which wee confesse they prevaile , for hee that is the god of their covenant marches on like a man of war , and wil notstay , till the antichrist be puld down , and his enemies be made his footstool , and the jews and gentiles call'd in . wee have seene the goings of god the king in the sanctuary . this is the day , and the worke of the lord terrible in our eyes , wherein the judgement of the great whore that sits over many waters shall be shown . moreover , the fautors and instruments of this great work , have p●inted their truth , and their actions with a sun-beam , and so strongly seized the judgements of the world , that now every soule is warmed , fill'd with wonder , and rests sweetly convinced . with us and our faction , nothing but a benummed sullennesse , and a profound silence ; we are all given over to the spirit of slumber ; our pens are plagued with a lethargie , though your prelacie be now lying gasping , yet there is none almost that dare owne it , not any to encounter those papers which come forth in squadrons , displaying the banner of truth , to captivate every understanding , and will , to the obedience thereof . lay your hands on your mouth : for we are not all able to restore that monster to its wonted dignity , and height of power , nor fetch its pedigree from heaven , or shew how the same ought to bee welcommed in the world , or can be usefull , and expedient in a christian republike : no we should fail , though wee concentrat our wits , and alambique our spirits . there is one , indeed , who hath afflicted his understanding , and wearied his pen in the defence thereof , and now of late , with a new assault , tendred his remonstrance to the parliament , humbly entreating the honorable court , to let the poor , miserable , torn thing , breath a while , but alas , thinke not that noble senate ( to whose wisdome all europe doe pay their tributary gazes ) will any longer nourish such snakes , & keep serpents in their bosome , for it cannot be but they must resent their smarts , and think wee have sting'd them with a dangerous poyson , which has mortally defiled all the veines of the politicke and ecclesiasticke body . how ready mans corruption is to any thing , which can give warrant , or coloured pretence to his ambition , may well appeare by his livelesse apologie , wherein his arguments are not so much christian , as wrested from antiquity . yet yee that are the fathers of the church might well know , it was not so from the beginning , truth did precede erroar , and drive the point home to the source , it shall be cleere . antiquity is no patrociny for errour , and prescription no prejudice to truth , his reasons doe as much befriend the romish hierarchy as militate for the english episcopacie , and much more easie it is to answer them , then to find them out . but i pray you why doe not we follow the safest way , most free of ceremonies and offences ? which among us can reproach all this while the government of the scottish church ? and dare wee deny but it is most agreeable to the simplicity of the gospell ? and a surer rampard against the prevalencie of herefies ? whether of the governments , their presbyteriall , or our splendide , and magnifick orders are more cōsonant to the apostolike & primitive , and least approaching to the romish ? what office-bearers among them , which ye find not in the scriptures ? or any preheminence , and relation , of a minister to a minister , being both of one degree ? nay , give over the game which must be lost , yee know if the antichrist must fall that we can hardly stand ; if the ocean be dryed up , whence shall the rivers come ? it cannot be denied , but'wee have moved swiftly and boldly . and to say wee have nothing advanced to rome , & forsaken the cleer waters of the gospell , evaporated , and dispirited the powers of religion , it were an impudence beyond wonder , which all the reformed churches would cast back on our faces with shame . nay , wee have dethroned truth , and builded altars to errour and superstition , chasing christ out of the church , and making an holy place for antichrist ; from kings likewayes have we wrested authority , torn the crowne , and adorned the mitre , in such sort that the god of all the world may well say , we have reigned , but not by him , wee have made our selves princes , but hee knew it not . if it be not so , what then means the lowing of the oxen , and the bleating of the sheep ? whence the huge number of ceremonies ? the continuall encrease of novations ? the authorizing of id●l●●●● by church canons ? whence the communion of words , and practices , with romanists ? for it is very unbeseeming the people of god to symbolize with idolaters , and the enemies of god , ( whether in their manner of worship or government ) where there is no necessity . the jews would not speak though it were but half the speech of ashod . and when the world crys out against us , charging our profession with these great dishonours done to the name of god , wee have no other hole to creep in , nor any better answer to return , then the papists have for avoiding the stain of that abomination , which this day cuts the hearts of the jews , and reformed churches . now , to think that the truth shall ever be born downe , and not once set up his victorious head , nay , in this same article of time , wherein it has received such strength , and power , and majesty , and hath dispersed the clouds , which wee of a long while have been diligently assembling , were egregiously to be infatuate , and if yee continue to let these hopes smile upon you ye are certainly finally demented , and fitted to perdition , examples and fore-runners of that great wrath , appointed for those who had their eyes upon our returns , and expected the propagation of their kingdome from us . but if all other things should hold their peace ( ye that are witnesses to this great reformation , and upon whom these happy dayes have falne ) hear how this late covenant doth cry aloud ; even this great covenant , sworne , and sealed so solemnly . do not yee see how they hold out their arms to embrace it , and think they have found a sovereigne balme for all the wounds in church & state , if happily applyed ? have they not hereby as it were taken the sacrament for our destruction ? what lesse things can bee expected then from the covenant of scotland , which as it hath filled the earth with the noise thereof , and made the altars of rome to tremble for fear , so now likewayes has proved a dangerous precedent , and a strange leading case for our compleat raine ? of what strange productions can this be the fore-runner ? are all these motions , these solemnities of new resolutions , to which the people have so willingly espoused themselves , to no purpose ? can all this be for the upholding of our kingdome ? or do not yee rather perceive a streaming banner displayed against you ? have not they combined themselves with immovable thoughts , to extirpate all unnecessary follies , and novations which are the very soul of our glory , and the beams of our splendour ? have they not cut our haires wherein our strength does lie , made us bald , and discovered our shame , and who may not invade us securely ? no , no , do not disdain these great appearances ; from the root of this covenant shall spring a tree whose top shall reach the heaven , and under the branches thereof shall the nations of the earth hide themselves ; it shal increase and flourish as the goodly cedars of lebanon , but our contemptible plant , which the heavenly father hath not planted , shall be pulled up , and die . tell me , yee that can discern the face of the weather , and pretend to know the times and seasons , doth not every day looke more blacke and ugly ? what kindnesse have wee found of god , or what conquest of friends have wee made amongst men , since the times began to be shaken ? doth not every day pull a feather from our wings , by which wee used to worke so high , till the vapours of the earth could not reach us ? quae nos dementia coepit to think we shall ever recover of these wounds already inflicted , since the arrows are daily multiplyed , and fall on us in showres from all hands ; wee have strained our moyen at the courts of princes , but they be now justly wearied of us : and hee is reputed neither good christian , nor understanding countrey-man , neither pious , nor politike , that dare open his mouth for us . and if wee shall lift up our eyes to heaven , behold , wee cannot say there be more for us , then against us , wee can meet with no consolation , but a devouring sword drawne against the children of pride . what giant plots we have set afoot , and how inseasonably they are discovered , to our eternall shame , it is now spred like the suns light . and though hitherto there were some hopes left , yet now they are all blasted , and wee begin to stink in the eyes of our bosome friends . our purposes are unvailed , our intentions , blacke as darknesse , are now made known , and howbeit wee could have joyed before in some of the peoples good graces , yet these horrible designes , of advocating strange assistance , of soliciting and covenanting with papists , of forcing and besieging the very houses of parliament , and doing violence to the whole kingdome , for upholding our grandours , for keeping our venerable garlands upon our heads , are indeed acts able to draw the insupportable weight of publike hate upon us , and which might as deservedly procure us to be cast out of the church and state , as ever the jesuits were turned out of france , and are to this day banished from the venetian republike . nor let us any more evanish in this deceit , to think wee can move authority to lend us a gracious hand , and keep us from sinking : for though the favours wee have found be great , and a mercifull majesty hath done much , yet now ( it is to be feared ) hee will relinquish us , and not undoe his state civill , for upholding the ecclesiastick in accidentals . and when heaven and earth combine against us , and the present estate of affairs deny help , and refuse hope , whether shall wee flie ? there is no balme in gilead now ; take heed , the windes are blowing , the flouds are comming , and our thunder-stricken building must down , because not of god . wee have already received sentence from the honourable house of commons ; their wisdome and justice have pronounced the peoples minde , and denounced the kingdoms pleasure ; and though the influence of some frolick faction ( now fugitive as our hopes are ) should yet a little prolong the life of our expectation , and entertain us with a possibility of wrestling thorow , tell me if ever any person did thrive being once cōdemned by them ? it is certainly a great losse , not to have the parliaments affection , and very hard ( as they say ) to fit in rome , and strive against the pope . no , no , nature and grace , time and fortune , have taken such a good course to destroy us , that it is impossible wee can be saved without a miracle . far , far be it from us to think our contracted , and long accustomed boldnesse , and impudencie , can any more enveigle the eyes of the world , with that idoll of jealousie , which by the corruption of times , through the ambition of mans unlimited heart , is now exalted to such exorbitancie of height , that become top-heavy , it fals with its own weight . o then forsake , in the bowels of mercy depart from that willingly , which as you are now deserted of men , will once make you rejected of god . what is it ( alas ) to be covered with a princes wings , to be warmed with the beams of his favour , to be set up as it were on a pyramide , and made the object of wonder , to have such sway , that with the one foot ye may tread on the church , with the other crush the state , and so to monopolize all power , that without you there is nothing but simulachrum potestatis ? what is it i say , all this ? is god mocked ? can yee elude the thunderbolts of his anger ? can yee be lift up beyond the stroake of revenge ? can yee give laws to the spirit of the most high , to mould the times in what fashion pleaseth you ? be there not certain fatall periods , as of houses , families , & cōmon-weals , so likeways a vicissitude of governments ? in many other places has episcopacie been cast out , neither ever could the face of church or common-wealth look calme , till that jonas was thrown in the sea . and in this disposition of time , when all things smile on them , but frown upon us , nothing more easie , nothing more absurd , than to flatter our selves with contrary expectations . o that i knew what way to induce you powerfully , to contemne that , which is unwarranted of god , hatefull to men , odious to the times , hurtfull to the church , & in the end wil bring a dire destruction upon your selves . would yee have signes from heaven ? remember how all the inventions of our sublimated policies , assisted by the powers of the time , have failed us very wonderfully , in every particular , and turned upon our own pates ; looke to the continuall progresse of our affairs , how all the machinations which wee conceived were sufficiently able , to ripen and produce our designes , have proved steps to advance our enemies ( the great chastisers of the times ) and that we have reaped nothing of all our pains and expenses , but sad disappointments to our selves , and confusion to our cause . put off therefore these vain and unprofitable desires , which are of the world , and die with the world . the foolish grandour of your lordly dignities , is but a dream and toy of some few decrepit yeeres , which flowne over , will make all the veins of your heart to shake , 't is but a shadow , in the morning with you , at night behind you , past and gone . but now the inexorable messenger of death approacheth furiously , and charges mee to remove , the impatient world chaseth me away , and i must be gone : i take therefore heaven and earth to witnesse against you , that i have not hid my offences from you , but spred my selfe open , and given your discerning eyes a liberall view of my errours , which have so truly deserved the heaviest censure which can f●ll from the sword of justice , advising you as yee would eschew the wrath to come , and be delivered from the worlds anger , no longer to resist the spirit , which prompts the times so powerfully , to solicit the embracements of the whore , and by the continuall encrease of miseries , to expose the church & kingdom , to be a spectacle of pitie & laughter to neighbour churches , and common-weals . and if yee will not forsake your wayes , lay downe your antichristian offices at the foot of the church , which ye have so miserably torne , if you will not divorce your selves , from the lusts of that abominable preheminence , and be strongly devoted to the advancements of this happy reformation , which moves so sweetly towards the end of prophesies , for the preservation of the glorious light of salvation , and encouragement of gods people , i declare in audience of the world , that wrath shall come and fall upon your necks as thunder from the clouds , yee shall die and none lament it . thus have i acquit my selfe : for the spirit within me constrained me . i must depart , and resigne my chair , never to be fill'd again . have pity upon me my friends , for the hand of the lord is upon me . finis . fovre speeches made by sr. edward deering in the high court of parliament concerning the archbishop and divers other grievances speeches. selections dering, edward, sir, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing d ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing d estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; :e , no ; :e , no ; :e , no ; or :e , no ) fovre speeches made by sr. edward deering in the high court of parliament concerning the archbishop and divers other grievances speeches. selections dering, edward, sir, - . [ ], p. [ ], - (i.e. ) p. printed for francis coles, london : . original t.p. cancelled; cancel t.p. bound its place. reproduction of original in thomason collection, british library. eng great britain -- politics and government -- - -- sources. a r (wing d ). civilwar no foure. speeches made by sr. edward deering in the high court of parliament. concerning the archbishop and divers other grievances. dering, edward, sir f the rate of defects per , words puts this text in the f category of texts with or more defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - olivia bottum sampled and proofread - olivia bottum text and markup reviewed and edited - pfs batch review (qc) and xml conversion fovre . speeches made by sr. edward deering in the high court of parliament . concerning the arch-bishop and divers other grievances . london , printed for francis coles , . sufferer ( as all good men are ) under the gene●… oblique of a p●…itan , as with other things wa●… admirable delivered by that silver trumpet at the barr , the pursivant watched his doore , and devides him and his cure asunder to both their griefes , for it is not with him as perhaps with some that set the pursivant at worke , glad of an excuse to be out of the pulpit , it is his delight to preach . about a weeke since i went over to lambeth to move that great bishop ( too great indeede ) to take this danger from off this minister and recall the pursivant ; and withall did undertake for mr. wilson ( for so is your petitioner called ) that he should answere his accuses in any of the kings courts at westminster : the bishoppe made me this answere in his verbis , i am sure that he will not absent from his cure a twelve-month together , and then i doubt not but once in a yeare we shall have him . this was all that i could obtaine , but i hope ( by the helpe of this house ) before this yeare of threats be run out , his grace will either have more grace or no grace at all . for our griefes are manifold and doe ●…ill a mighty and vast circumference , yet so that from every part , our lives of sorrow do lead unto him and point at him , as the center from whence our miseries doe grow . let the petition be read , and let us enter upon the worke . the second speech . mr. speaker . you have many private perticular petitions , give me leave by word of mouth to interpose one more generall , which thus you may receive : gods true religion is violently invaded by two seeming enemies , but in deede they are like herod and p●…late , ●…ast friends for the destruction of truth : i meane the papists for the one part , and out prelati●…g faction for the other ; betweene these two in their severall progresse , i observe the concurrence of some few paralells , sit ( as i conceive ) to be represented to this honorable house . first , with the papists there is a severe inquisition , and with us ( as it is vsed ) there is a bitter high commission both these 〈…〉 are iudges in their owne case : yet herein their inquisi●… are better then our high commissioners , they ( for ought that i ever heard ) doe not ( 〈◊〉 in 〈◊〉 ) punish for deli●… and offenders such as 〈◊〉 and 〈◊〉 〈◊〉 according as it is established by the lawes of the land where they live . but with us , how many poore distressed ministers ? nay how many scores of them in a few yeares past have beene suspended , degraded and excommunicated ? not guilty of the breach of any established lawes : the petitions of many are here with us , more are comming , all their prayers are in heaven for redresse : downe therefore with these money-changers ; they doe confesse commutation of pennance , and i may therefore iustly call them so . secondly , with the papists there is a misterious artifiice , i meane their index expurgatorius , whereby they clip the tongues of such witnesses whose evidence they doe not like : to these i parralell our late imprimators lycensers for the presse , so handled , that truth is supprest and popish pamphlets fly abroad cum privelegio , witnes the audatious libells against true religion , written by cossens , dowe , heylin , 〈◊〉 , meade , shalford , swan , roberts , and many more , i name no bishops but i adde , &c. nay they are already growne so bold in this new trade , that the most learned labourers of our antient and best devines , must be new corrected and defaced with a deliniatur , by the supersillious penne of my lords young chaplaine , fit perhaps for the tecknicall arts , but unfit to hold the chaire for divinity . but herein the roman 〈◊〉 is 〈◊〉 then our english lycences , they thereby doe prove the current of their owne established doctrines , a point of wisdome ; but with us our innovators by this artifice doe alter our setled doctrines , nay they doe subinduce poynts repugnant and contrary : and this i doe affirme upon my selfe to prove . one parralell i have more , and that is this : amongst the papists there is one acknowledged pope , supreame in honour over all , and in power , from whose iudgement there is no appeale : i confesse m. speaker . i cannot altogether match a pope with a pope , yet one of the antient titles of our english pri●… , was alteri●… 〈◊〉 pope , but thus farre i can goe ( ex ●…re 〈◊〉 ) it is in print ; he pleades faire for a patriarchall ; and for such a one whose iudgement ( he beforehand pro●…th ) ought to be finall , and then i am sure it ought to be unerring ; put these two together , and you shall finde that the finall determination of a patriarch , will want very little of a pope , and then we may say , 〈…〉 : he pleadeth popeship , under the name of a patriarch , and i much 〈◊〉 the end and toppe of his patriarch●… 〈◊〉 may be as that of ●…dinall poole his predecessor ; who would have two heads , one cap●…t reg●…le , the other cap●… 〈◊〉 〈◊〉 , it proud parralell to set up the my●… above the crowne . but herein i shall bee free and 〈◊〉 , if one there must be , be it a pope , be it a patriarch , this i resolve upon for mine owne choy●… , 〈◊〉 〈◊〉 pr●…t a fu●…ine , i had rather serve one 〈◊〉 〈◊〉 as tyber , then to have him come to 〈…〉 the thame●… , 〈◊〉 pope at rom●… will doe me less●… 〈◊〉 , then a patriarch may doe at lambeth . i have done , and for this third parralell , i submit it to the wisdome and 〈◊〉 〈◊〉 of this grave committee for religion : 〈◊〉 : 〈…〉 i doe ground my motion upon the former 〈◊〉 , and it is this in briefe . that you would bee pleased 〈…〉 committee of . . . 〈◊〉 〈◊〉 the 〈◊〉 and to i●…power them for the discovery of the 〈◊〉 numbers of oppressed ministers , under the bishops tyrany for these ten yeares 〈◊〉 pas●… , we 〈◊〉 the complain●…s of some , but more 〈◊〉 〈◊〉 are patient and will not complain●… , 〈◊〉 〈◊〉 fearefull and 〈◊〉 no●… , many dea●… , and many beyond the seas and cannot complaine . and in the second place , 〈◊〉 〈◊〉 committee may examine the 〈◊〉 , what 〈◊〉 by bad lycence , have been corrup●… issued 〈◊〉 . and what good bookes have beene ( like good ministers ) silenced , ●…lipped or 〈◊〉 . the worke i conceive will not b●… 〈◊〉 , but will quickely returne into your hands ●…ull of weight . 〈◊〉 〈◊〉 this is 〈◊〉 〈◊〉 the third speech . mr. speaker . this , morning is designed for the consideration of the late cannons , and the former ; and of that which the clergy have miscalled a benevolence , i shall for the present , onely touch the first of them , and that is the roman : v●…lites , who did use to begin the battaile : so shall i but 〈◊〉 , and s●…rmish , whi●… the maine battaile is setting forwards . the pop●… , 〈◊〉 they say ; hath a triple crowne answerable thereunto , and to support it , hee pretendeth to have a threefold law . . the first that is 〈◊〉 〈◊〉 episcopacy by divine right : and this he would have you thinke to be the crowne next his head , which doth circle and secure his power our bishops have in an unlucky time entred their plea , and presented their 〈◊〉 to this crowne episcopacy ▪ by divine right . . the second is ius humanum constantii d●…notivum , the gift of indulgent prin●…s temporall power ; this law belongs to his middle or second crowne , this is already pleaded for , by our prelates in print . . these two crownes being already obtained , the pope claimes and makes the third himselfe , and sets it highest upon the top : this crowne also hath its law , and that is ius canonicum : this cannon law is of more use unto his popeship ( if once admitted ) then both the other . iust so our prelats from the pretended divinity of their episcopacy , and from the temp●…all power , granted them by our princes , would now obtrude a new cannon law upon us : they have charged the cannons to the ●…ull , and never fearing they would re●… into a 〈◊〉 , they have rammed a prodig●… us and ungodly oath into them : the illegallity and invalidity of these cannons , is manifested by one short question , ( v●…s . ) what doe you ca●… the meeting wherein they were made ? mr. speaker , who can frame an argument aright , unlesse he can tell against what hee is to argue ? would you confute the convocation-house , they were a holy synod , they were comissioners ? will you dispute their 〈◊〉 ? they will mingle all power together and perhaps answer , they were something else , that wee neither knew nor imagined ; unlesse they would unriddle themselves , and owne what they were , wee may prosecute non concludent arguments . mr. speaker , i have conferred with some of the founders of those cannons , but i professe here , that i 〈◊〉 never meet with any one of that assembly , who could well answere to that first question of the catechisme , what is your name ? alas , they were parted before they knew what they west , when they were together . the summe of all the severall answeres that i have received , doe altogether amount unto this : they were a convocationall , synodicall assembly of commissioners : indeed a threefold chamera , a monster to our lawes , a cerberus to our religion . a strange commission , where no commissioners name is to be found ! a strange convocation that 〈◊〉 when the parliament was dead . a strange holy synod , when the one part never saw nor conferred with the other . but indeed , there needed no conference , if it be true of these cannons which i read of the former , quis nescit , canones lambetha formari priusquam in synodo ventilentur ? well mr. speaker , they have innovated upon us ; wee may say , it is lex talionis to innovate upon them , and so i hope we shortly shall 〈◊〉 in the meane time , my humble ●…otion is 〈◊〉 every member of that assembly , who voted 〈◊〉 cannons , may come severally to the 〈◊〉 this house , with a book of cannons in his hand , and there unlesse he can answer that catechisme question , as i called it , better then i expect 〈◊〉 can , conceptis verbis , in such expresse i 〈◊〉 as this honorable house shall then 〈…〉 shall abiure his owne issue , and bee commanded to give fire to his owne cannons . and this 〈◊〉 i take to be iust. finis . the fourth speech . mr. speaker . yesterday wee did regulate the most important businesse before us : and gave them motion , so that our great and weighty affaires , are now on their feete in their progresse , iourning on towards their severall periods , where some i hope will finde their latest home . yet among all these i observe one , a very maine one , to sleepe sine die : give me leave to awaken it ; it is a businesse of an immense weight , and worth ; such as deserves our best care , and most severe circumspection . i meane the grand petition long since given in by many thousand citizens against the dominering clergy . wherein ( for my part ) although i cannot approve of all that is presented unto you , yet i doe clearely professe , that a great part of it , nay the greatest part thereof , is so well grounded , that my heart goes cheerefully along therewith . it seemes that my countrey ( for which i have the honour to serve ) is of the same minde , and least you should thinke that all faults are included within the walles of troy , they will shew you iliacos intra muros peccatur & extra . the same grievances which the cittie groans under , are provinciall unto us , and i much feare they are nationall among us all . the pride , the avarice , the ambition and oppression , by our ruling clergy is epidemicall , it hath infected them all . there is not any , or scarce any of them who is not practicall in their owne great cause in hand , which they impiously doe mis-call , the piety of the times , but in truth , so wrong a piety , that i am bold to say , in facinus iurasse putes . — here in this petition is the disease represented , here is the cure intreated . the number of your petitioners is considerable , being above five & twenty hundred names , and would have beene foure times as many , if that were thought materiall . the matter in the petition is of high import : but your petitioners themselves are all of them quiet and silent at their owne houses , humbly expecting & praying the resolution of this great senate , upon these their earnest and thrice hearty desires . here is no noyse , no numbers at your doore : they will be neither your trouble nor your iealousie ; for i do●… not know of any one of them this day in the towne : so much they doe a●…e in the iustice of their petition , and in the goodnesse of this house . if now you want any of them here to make avowance of their petition , 〈◊〉 am their servant . i doe appeare for them and for my selfe , and am ready to avow this petition in their names , and in my owne . nothing doubting , but fully confident , that i may iustly say of the present usage of the hierarchy in the church of england , as once the pope ( pope adrian as i remember ) said of the clergy in his time : a vertice c●…pitis ●…d plan●…am pedis , nibil est sanum in toto ordine ecclesiastic●… . i beseech you read the petition , regard us , and releive us . finis . the. speeches of sr. edward deering in the high court of parliament . concerning the arch-bishop and divers other grievances . london , printed anno dom. . a proclamation touching the election of fit persons to serve in parliament. by the king. charles ii, king of england, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing c thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) a proclamation touching the election of fit persons to serve in parliament. by the king. charles ii, king of england, - . england and wales. sovereign ( - : charles ii) sheet ([ ] p.) printed for m.b., london : anno, . dated at end: given at our court the sixth of novemb. annotation on thomason copy: "march . ". reproduction of the original in the british library. eng england and wales. -- parliament -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no a proclamation touching the election of fit persons to serve in parliament. by the king. charles ii, king of england a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion a proclamation touching the election of fit persons to serve in parliament . by the king . having occasion at this time to deliberate upon divers great and weighty affairs , highly tending to the continuance and further setling of the peaceable government and sasety of this our kingdom , whereof god hath given us the charge , we have thought good according to the laudable custome of our progenitors , to crave the advice and assistance herein of our well affected subjects , by calling a parliament . and though there were no more to be had in consideration but the present face of christendom so miserably and dangerously distracted at this time , besides a number of other great and weighty affairs that we are to resolve upon ; we have more then sufficient reason to wish and desire ( if ever at any time , especially at this ) that the knights and burgesses that shall serve in parliament , be , according to the old institutions , chosen of the gravest , ablest , and best affected minds that maybe found : and therefore out of our care of the commom good , whereof themselves are also participant , we do hereby admonish all our loving subjects that have votes in the elections , that choice be made of persons approved for their sincerity in religion , and not of any that is noted either of superstitious blindness one way , or of turbulent humours another way , but of such as shall be found zealous and obedient children to their mother-church . and as to the knights of shires , that they cast their eyes upon the worthiest men of all sorts of knights and gentlemen , that are guides and lights of their countryes , of good experience , and great integrity , men that lead an honest and exemplary life in their countryes , doing us good service therein ; and no banckrupts or discontented persons that cannot fish but in troubled waters . and for the burgesses , that they make choice of them that best understand the state of their countryes , cities or burroughs : and where such may not be had within their corporations , then of other grave and discreet men fit to serve in so worthy an assembly . for we may well fore-see , how ill effects the bad choise of unfit men may produce , if the house should be supplyed with banckrupts , and necessitous persons , that may desire long parliaments for their private protections , or with young and unexperienced men , that are not ripe and mature for so grave a counsel ; or with men of mean qualities in themselves , who may only serve to applaud the opinion of others on whom they do depend ; or yet with curious and wrangling lawyers , who may seek reputation by stirring needless questions . but we wish all our good subjects so to understand these our admonitions , as that we no way mean to barre them of their lawfull freedom in election , according to their fundamental laws and laudable customes of this our kingdom , and especially in the times of good and settled government . given at our court the sixth of novemb. london , printed for m. b. anno , . by the king, a proclamation commanding the due observation of the desires of the commissioners for the contribution of the county of oxford, and for punishing all stragling souldiers and others, robbing, and plundering the country england and wales. sovereign ( - : charles i) this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing c ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing c estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) by the king, a proclamation commanding the due observation of the desires of the commissioners for the contribution of the county of oxford, and for punishing all stragling souldiers and others, robbing, and plundering the country england and wales. sovereign ( - : charles i) charles i, king of england, - . broadside. by leonard lichfield ..., printed at oxford : [i.e. ] "given at our court at oxford this fourteenth of february, in the nineteenth year of our raigne." imperfect: folded, with very slight loss of print. reproduction of original in the bodleian library. eng great britain -- history -- civil war, - . great britain -- politics and government -- - . a r (wing c ). civilwar no by the king, a proclamation commanding the due observation of the desires of the commissioners for the contribution of the county of oxford, england and wales. sovereign f the rate of defects per , words puts this text in the f category of texts with or more defects per , words. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion cr honi soit qvi mal y pense royal blazon or coat of arms by the king . ¶ a proclamation commanding the due observation of the desires of the commissioners for the contribution of the country of oxford , and for punishing all stragling souldiers and others , robbing , and plundering the country . whereas the high-sheriffe , and other the commissioners for contribution of this our county of oxford , have lately by their humble petition acquainted us with the many and frequent insolencies offered the inhabitants thereof by the souldiers , and others pretending themselves to be of our army , as in taking away horses from the plough , robbing by the high-way , wasting and destroying of corn , and other personall injuries dayly offered unto them : and likewise that free-quarter is frequently taken where the contribution is paid , we thereupon in tender commiseration of their sufferings , and being most ready to satisfie their just requests , were gratiously pleased to give order , that the desires of the commissioners for the weekly loan , for the supply of the horse of our army , from this our county of oxford , should be forthwith published in print , for the better information of the officers and souldiers of our army , the which we do hereby strictly charge and command all the said officers and souldiers punctually to observe , and not to infringe them , or any of them at their perils . and for prevention of the like violences and outrages hereafter ; we do farther require and authorise the lord-lieutenant-generall of our army , to ordain and allow such a fit person as the commissioners shall make choyce of to be a provost-marshall , who with a sufficient guard of twenty persons shall constantly scoure the country , and apprehend and punish by marshall-law all stragling and wandring souldiers , and all such as shall any kind offer any violence to the inhabitants , according to such directions as he shall from time to time receive ●rom the lord-lieutenant-generall . and to the end our good subjects of this county may find the effect of our care ●or their preservation ; we do farther require the lord-lieutenant-generall , to name and appoint a court of war to ●it constantly every wednesday and saturday with the commissioners , to hear and give redresse to their just com●laints ; to which court of warre the provost-marshall is likewise to give a weekly accompt of his proceedings . this ●…ur grace and favour we command shall be forthwith put in execution , and therefore our pleasure is , that it be pub●●shed in all the hundreds , townes , and parishes of this county , and annexed to the late printed desires of the commissi●ners , that so it may be hence forward duly observed by all the officers , and souldiers of our army , at their perills . given 〈◊〉 our court at oxford this fourteenth of february , in the nineteenth year of our raigne . god save the king . printed at oxford , by leonard lichfield , printer to the vniversity , . mr. roger le stranges sayings with brief notes to prevent misapprehensions. approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing m a estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : or : ) mr. roger le stranges sayings with brief notes to prevent misapprehensions. l'estrange, roger, sir, - . p. printed for langley curtis ..., london : . caption title. imprint from colophon. an attack on l'estrange based on quotations from his work. this item appears at reels : and : . reproduction of originals in the harvard university library and huntington library . created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng l'estrange, roger, -- sir, - . great britain -- history -- charles ii, - . great britain -- politics and government -- - . - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion mr. roger le strange's sayings with brief notes to prevent misapprehensions . and some additional reasons to prove him , . no papist . finding the town in a tumult , the sea before me and the enemy behind me , i took a boat and with much difficulty escaped — le'strang's apology . p. . this a specimen of the gentlemans valor , the wits are seldom celebrated for hero's , he defies his enemy you see with his posteriors and running away is , as familiar with him , as his own fiddle or madam bs. base-viol . . a citizens skul is but a thing to try the temper of a soldiers sword upon , ibidem . p. . this is spoken out of pure affection to the citizens , and shews their pates are good for something else , besides petitioning . a popish successor will confirm the truth of this aphorism . . the very mention of a parliament inrages them , and there is reason for it , their heads are forfeited , and if the law lives , they must perish : but all this while , are not we in a good condition , when the transgressors of the law , must be the judges of it , ibidem . p. . the devil himself sometimes speaks truth , though , against his will. but the private cabal will con him no thanks for this description . . we do further engage in the presence of almighty god , that if any person or persons impose upon us any other government , inconsistent with or destructive of parliaments , we will prosecute him or them as betrayers of the peoples rights , and subverters of the fundamental laws of the english nation , ibidem . p. . is not this to justifie an association : but have the people indeed any such rights and fundamental laws , sir poll , we thank you . and resolve sixteen more of your dialogues shall perswade us to part with them to any such tories as you talk of , who would impose devillish popery and french slavery upon the free-born protestant people of england . . of men will be damn'd , they had better dam rich than poor , and keep their lacquies and their whores , and at last go to hell in triumph , ibidem . p. . our author has endeavored to put this wholsom doctrine in practice , and tugg'd hard at the quill this many a fair day for a secretaries place , or some other court-preferment . and 't is no small grief to him , that after all , he should be disappointed and go to old nick , a beggar . . as there 's no fool to the old one , so there 's no knave to the old one i bidem , p. . undoubtedly this oracle is pronounced from experience , for the author himself is got to his grand climacterick . . friendless abroad and comfortless at home , as guilty and as desperate as cain , ibidem p. . this is an abrupt part of a prophesie and you must send to some holy-road , for an interpretation . . that there are rogues , there is no question , but yet i should be loath to pass for one , ibidem , p. the last . can you blame our author therefore for protesting before the king and councel , and swaggering since in print , that he is no papist , nor any more concerned in the plot , than the pope of rome . . the independents murthered charles stuart , but the presbyterians killed the king ; state divinity printed . the presbyterians brought him to the block , the independents murthered him ; the presbyterians held him by the hair , whilst the independents cut off his head. the presbyterians bound and prostituted the virgin , and the independents were the ravishers : relapsed apostate , p. . printed . these are very edifying sayings which have been worn threadbare in the pulpit , and made two hundred and fifty little parsons pass in spight of nature and truth at once both for wits and loyalists . . bless us from a gun ! state divinity , p. . so say i too ; and all its paper-bullets . but how the squire will answer this rash ejaculation to his trusty friend harry is left to be determined by the criticks spiritual and temporal at sam 's . . are not knaves and fools , the greatest part of the world ? ibidem , p. . can ye blame the squire then , for herding with the biggest party ! . there are some people believe , that i write for an halter and have a mind to save my longing , ibidem , p. . the laborer is worthy of his hire , and no doubt , but in due time , the gentleman may have both his desires and deserts in this particular . . heark ye gentlemen ! between jest and earnest i have away of fooling , will go near to put your gravities out of countenance ; relapsed apostate in the introduction . this looks like the very syre of heraclitus ridens . and indeed for religion in jest and fooling in earnest , there 's not a merry-andrew in all the town can match his ( late ) worship . . what peace can they expect from others that are at war within themselves , whose very thoughts are whips , and their own consciences their own tormentors ? ibidem , p. . this may be one main reason why our dog-towzer , that has been a pestilent conney-catcher in his time , is always snarling and barking , and can never lye quiet in his kennel . . betwixt hanging and transplanting all men of different opinions there must needs ensue a pleasant state of concord . ibidem , p. . yet this is that very pleasant state , this worthy author if he had but as much power as malice , would reduce us to . . a furious bussle the presbyterians make with the silly people for fear of popery , ibid p. . this was a preparatory lullaby , that popery might catch us napping and none dare speak against it for fear of being stigmatized for presbyterians . . 't is not every bodies lot to live like a knave and dye like an honest man , a whip , a whip , in the preface . is saul also amongst the prophets ? sure the man is turn'd fortune-teller and presages his own destiny . . i defie malice it self to charge me with any sort of malevolence toward the church or state , which even a packt jury would dare to give credit to . further discovery . p. . this you are bound to believe on pain of curse canonical ; for so choice was his innocence , that he durst not trust it in the hands of the highest and most honorable c●urt in the nation , but fled and sneakingly sent his wife to pretend he durst not appear for fear of man-takers and bumbailies , how a licenser , and a patentee and a gazetter , and a justice , and the devil and all , and yet want a protection for the shoulder ? this 't is to play all night at lantreloe with rooking ladies . . i defie any man to produce another gentleman in the kings dominions under my circumstances , that hath suffered so many illegal , arbitrary and mean injustices from any of the abusers of the kings bounty , insomuch that after one and thirty years faithful service to the crown , the bread hath been taken out of my mouth , and in a large proportion shared amongst some of those very people that pursued the late king to the block-english-mans birth-right , p. . alas poor towzer ! he can open you see against majesty upon occasion and upbraid the king with his services , and in effect charge him with ingratitude and injustice ; yet still the gentleman may vaunt his loyalty , though 't is not the cause , but the crust he values . . you may as well bring heaven and hell together as to reconcile those people , call'd eanaticks or non-conformists and dessenters to any terms of piety or civil order , further discov . p. . what follows then , but you must cut their throats or knock out their brains to rid the world of such incorrigible hereticks , as your good friends in ireland did in the famous . this you would be at , but curst cows , god be thanked , have short horns . . religion is a spiritual notion , out of the reach of violence , and neither to be invaded , nor kept out by force , ibidem . p. . why then need the government trouble it self with making laws either to exclude popery or suppress presbytery . . who knows not , that interest governs the world , and that for reasons best known to themselves , he that is a protestant in his heart , may be induced rather to appear a papist ; and the other , though a papist in his heart , may find it his interest yet to seem a protestant , ibidem , p. . the first part of this is unsupposable , because protestants can have no dispensations to help them out , but the latter clause is a very truth and 't is forty to one , but this author is an instance of it . . confound us , if we do not agree and resolve to serve god and honor the king , ibidem . p. . let the world renounce me , if i am less innocent than i say i am or less dutiful , then i have been , state divinity , p. . i am ( by my hopes of heaven ) a true son of the church of england , furth . disc . p. . all this is true by the faith of a poor gentleman , that has worn his doublet out at the elboes in his majesties service , reformed catholick , p. . by the everliving god , it is false as if he swore , i had come down the chimney on a broomstick , le strange , no papist . swearing is so natural to this worshipful son of the church , that you see , he cannot forbear it in print . but who knows not the proverb — he that will swear , will lye . . we find the court dangerously thronged with parasites , knaves represented to the king for honest men , and honest men for villains . caveat for caveliers , p. . had any body else said half so much , it had been an arraignment of the government , and at least three quarters treason , but this thinks , he has license to abuse either court , parliament , city , country , or the protestant religion , whenever the humor takes him , or h. b. for satisfaction of old scores calls upon him for a pamphlet . some additional reasons to prove roger le strange , no papist . first , because he says and swears he is none in this juncture , when 't is very much his interest to be thought not to be so . though formerly when the papal stream ran high he acknowledged ( as 't is attested by unbiassed proof ) that he was of that church , whereof the pope was head. . because a man that never practised any serious acts of religion in his life , ought rather to be accounted an atheist , than a papist . . because amongst all the swarms of his sticht tomes and six-penny volumes , he never wrote one line against popery , though he has translated father bona the jesuit , to render that party more acceptable for their devotions , but on all occasions and indeed without any , has claw'd off protestants and endeavored to widen the differences between them , as heartily as either philanax , or goddin , or serjeant could do for their guts . . because ever since the discovery of the popish plot , he has endeavored to ridicule all the evidence , and to shamm it upon the presbyterians , and divert the chase against papists , and smooth the way for the meal-tub-plot and fitz harrises &c. lastly , because that after all this bussle and so many charges against him , and the numerous trifling apologies , he has pestered the town with . he never yet durst pretend or offer the least-shadow of proof . that for long years together viz. between the year & . he ever did frequent his parish church , according to law or received the sacrament there , as the rubrick requires , now if he never ( ordinarily ) came at any protestant church , nor communicated in its sacraments in so many years , ( and if he had , no doubt , but he would have told us of it ) does it not roundly follow , that he is a notable true dutiful son of the church establish't , very fit to be her champion , and to upbraid those that agree in her doctrin , and often joyn in her communion ? but since the plot broke out and he was more violently suspected , and charged for a papist , he has ( as he pretends ) gone to church sometimes and taken the sacrament in holland , and is not this , ( though , for years before he made no conscience on 't ) enough to prove him a sound church man and no papist ? yes , verily , and therefore be satisfyed , for that 's all the substantial reason that ( after all his fooling ) you are ever like to get from him . london , printed for langley curtis on ludgate-hill . . finis . die veneris junii . ordered by the lords and commons assembled in parliament, that all such officers or souldiers of the army, as shall come off and conforme to the votes sent downe to the army, shall receive the benefit and advantage of those votes. england and wales. parliament. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e b thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) die veneris junii . ordered by the lords and commons assembled in parliament, that all such officers or souldiers of the army, as shall come off and conforme to the votes sent downe to the army, shall receive the benefit and advantage of those votes. england and wales. parliament. sheet ([ ] p.) printed for iohn wright at the kings head in .., london : [ ] imprint date from wing. includes: die veneris junii. . ordered by the lords and commons assembled in parliament, that the summe of ten thousand pounds be paid upon accompt by alderman bunce, ... two votes relative to the disbanding of the army. cf. steele. both signed: joh. brown cler. parliamentorum. reproduction of the original in the british library. eng bunce, james, -- sir, d. . great britain -- militia -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no die veneris junii . ordered by the lords and commons assembled in parliament, that all such officers or souldiers of the army, as sha england and wales. parliament. a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion die veneris junii . . ordered by the lords and commons assembled in parliament , that all such officers or souldiers of the army , as shall come off and conforme to the votes sent downe to the army , shall receive the benefit and advantage of those votes . joh brown cler. parliamentorum . die veneris junii . . ordered by the lords and commons assembled in parliament , that the summe of ten thousand pounds be paid upon accompt by alderman bunce , and the rest of the treasurers at weavers hall , to such person or persons as the committee for the affaires of ireland at derby house , and the committee of the army joyned as to this businesse , or any six of them shall appoint to receive the same , and issued by order and direction of the said committee so joyned , or any six of them for the payment of such officers or souldiers as shall come off from the army , according to the votes sent last to the army touching such as disband , or engage for the service of ireland , being such of the army as were mustered upon the last muster , before the votes passed both houses for disbanding ; and that the acquittance of the person or persons appointed by the committee so joyned as aforesaid , or any six of them to receive the said ten thousand pounds , shall be a sufficient discharge to the said treasurers at weavers hall , for the payment of the said summe of ten thousand pounds accordingly . joh. brown cler. parliamentorum . london printed for iohn wright at the kings head in a dialogue betwixt whig and tory, aliàs williamite and jacobite wherein the principles and practices of each party are fairly and impartially stated; that thereby mistakes and prejudices may be removed from amongst us, and all those who prefer english liberty, and protestant religion, to french slavery and popery, may be inform'd how to choose fit and proper instruments for our preservation in these times of danger. approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing d estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a dialogue betwixt whig and tory, aliàs williamite and jacobite wherein the principles and practices of each party are fairly and impartially stated; that thereby mistakes and prejudices may be removed from amongst us, and all those who prefer english liberty, and protestant religion, to french slavery and popery, may be inform'd how to choose fit and proper instruments for our preservation in these times of danger. defoe, daniel, ?- , attributed name. overton, benjamin, attributed name. [ ], xii, [ ], , - p. s.n.], [london : printed in the year . sometimes attributed to daniel defoe (moore, novak ("probably")). attribution disputed by furbank and owens, defoe de-attributions. "the tract was attributed to 'b.o. esq.' when re-issued in a collection of state tracts in . j. o. downie ... interprets 'b.o. esq.' as signifying the whig pamphleteer ben overton"--furbank and owens. place of publication from wing. the first pp. - are signed *c and inserted between c and d ; text is continuous. a reissue [?], with a xii-page dedication "to the king." inserted between conjugate leaves [a] and [a] , and lacking the final errata leaf. reproduction of original in: henry e. huntington library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng great britain -- politics and government -- - -- early works to . - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - aptara rekeyed and resubmitted - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion a dialogue betwixt whig and tory , aliàs williamite and iacobite . wherein the principles and practices of each party are fairly and impartially stated ; that thereby mistakes and prejudices may be removed from amongst us , and all those who prefer english liberty , and protestant religion , to french slavery and popery , may be inform'd how to choose fit and proper instruments for our preservation in these times of danger . printed in the year . to the king . sir , tho the sacred majesty of kings ( i am sensible ) ought not in common cases to be approach'd by every little busy-body , or frivolous remonstrance-maker ; yet when our prince's palace is on fire , and his sacred person in the midst of flames , the meanest of his subjects hath the privilege then to give him warning of his danger , and to assist to quench the fire : and this i am afraid , sir , is at present too near our case , or i would not have assum'd the boldness to disturb your repose , or have plac'd my self so disadvantagiously before your majesty , as i must expect to appear , under the character of a publick censor of the manners of your ministers , and a petty state-reformer . but it is not i alone that am thus concern'd and busy for the publick ; the whole world are at this time mournfully reflecting upon the miserable estate we are fallen into from that happy and glorious prospect of things which we had in and : this hath put all men upon enquiry into the causes of the unhappy change of our affairs ; and i find it agreed on all hands , that the principal occasion of our misfortunes ( or rather mismanagements ) is from the intrusting those with the government of all , who were the creatures and tools of the two last reigns , and are irreconcileable enemies to your majesty's government ; those who opposed your coming to the crown ; those who declar'd to your face king iames the only rightful king ; those who sold their country and betray'd it to the two last kings , and will be always ready to sell it even to the french king , if he prove the fairest chapman . i have heard that thurloe , who was secretary of state to cromwel , being ask'd by king charles ii. how they did support their government so long , when all the nobility , gentry and clergy were against it ? he replied , by intrusting those only in the management of all affairs , who were as heartily against that nobility , gentry and clergy . i do not apply this literally ; for , god be prais'd , your majesty hath a great part of all these several degrees of men , who are most heartily and zealously in your interests : but i mean by this , that you are to oppose your enemies with their enemies , not with their friends . and that the design of keeping out king iames with jacobites , seems to be as impracticable , as his project prov'd of setting up popery with a protestant army . yet there are some about your majesty ( who for base and private ends ) endeavour to possess you with the destructive politicks of courting and buying your enemies into your service , and would perswade you , that king iames's tories are the only party truly principled for monarchy , and are fittest for employment , as being long practis'd in business : and that ( on the contrary ) your majesty's best friends , whom they call whigs , are not only ignorant , and unacquainted with publick business , but are haters of monarchy , of common wealth-principles ; and at best , for making their kings no more than dukes of venice , and kings of clouts . now this is a notion so false , so fatal to the prosperity of your affairs , and so dangerous to the very being of your government , that i cannot but think it highly necessary , that this matter should be fairly stated and laid before your majesty : i am sensible how unfit i am for the task , and how open i lie to a charge of presumption in attempting it . but as the son of cyrus , who was from his birth dumb , broke silence when he saw his father in the hands of his murderers ; so ( since i saw no other champion appear in this cause ) i resolv'd to break through all impediments , even those of nature , and to endeavour the rescue of my king out of the hands of those who have already been the ruin of two kings , your majesty's predecessors , and who will undoubtedly bring you and your affairs into great difficulties , if you be not delivered from their counsels . in order to this , i have impartially made a collection ( in the following dialogue ) of all the arguments which whigs employ against the tories , or tories against the whigs , and submit it to your majesty's discerning judgment , and most piercing and distinguishing wisdom , ( upon the whole ) which of them are most proper for your majesty to employ ; those who were in the interests of popery and of france , or those who oppos'd both to the death . i appeal to you , sir , whether a tory's being for the divine right of succession , and consequently for king iames's monarchy , makes him the fitter in principle to be employ'd by king william ? or , whether his boasted skill in business will be of any use to your majesty , if he be in principle and inclination for k. iames , and believes k. william a king de facto only , without a rightful title , and in plain english , an usurper ? if these gentlemen ( as their principles will naturally lead them to do ) use all their skill in their several stations , to obstruct and make difficult your affairs , to betray your designs to your enemies , to countenance and protect k. iames's friends in all their plots and contrivances , furnish them with intelligence , help them to passes , escapes , &c. all which things ( it cannot be denied ) have been and are daily done by some persons employ'd in this government : of what use , sir , or service then is this boasted skill in business to your majesty's interests ? certainly men less conversant in publick affairs , who have a zeal for your government , would be of more use and service to you ; men who were persecuted by k. c. and k. i. either in their own persons , or in the persons of their friends , who were fin'd , imprison'd , and some of their relations hang'd in those reigns , are more likely to act in earnest against k. i. and in the supporting your majesty and your government , than those who had their fortunes and their families rais'd by k. i. and his brother k. c. and who hope to be rais'd yet more by his return , or at least , to secure in his government what they have got in this , by obliging him and his friends , at the price of sacrificing you and yours . for example : is it reasonable to believe the e. of n. whose father and family was rais'd by k. c. and k. i. for prostituting the law ( and his nauseous rhetorick ) to the designs of those two brothers , who himself was a privy-counsellor with father peters , and chosen by k. i. at the time of the revolution to treat with your majesty at hungerford , in order to delay your progress to london ; and lastly , who so violently oppos'd your majesty's being crown'd king , as to lay an eternal obligation on k. i. by it : i say , sir , is it reasonable to believe this gentleman so proper a secretary of state to your majesty , as the e. of s. who hath so mortally disobliged k. i. by being so early , and so zealous in your interests , who went at the head of that message to k. i. wherein he was required to retire from whitehall ; who hath since that been so instrumental to place and preserve the crown upon your head ; and hath , in a word , broken all measures so with k. i. as to leave no possibility of a reconciliation to him , and consequently hath no retreat from this government , but is oblig'd in common sense , to serve your majesty faithfully and zealously ? or can your majesty think mr. k. who ( it is generally said ) believes himself the son of k. i. and it is known by all the world , owes his fortune to him ; who ( if we may believe report ) at the time of the revolution , agreed with captain tosyer , to carry the ships he then commanded in the straits to k. iames in france , ( had not the common sailers very rudely oppos'd the project ; ) who after this acquitted himself so ill at cadiz , in letting the thoulon squadron pass by him in his sight , without fighting them ; and to conclude , hath made so unaccountable a campagne of it this summer ; can your majesty ( give me leave to say , sir ) think this gentleman ( after all this ) fitter to command the fleet of england , than mr. r. whose provocations to k. i. are never to be forgiven by him ; who was one of the most instrumental men in england in placing you upon the throne ; who last year gave you the greatest and most glorious victory that ever was obtain'd by us at sea ; and whose courage , conduct and fidelity the parliament of england hath unanimously attested ? and now , sir , ( if i may presume so far ) will your majesty be pleas'd to examine what honour , what profit hath accrued to you , or the nation , by your employing these gentlemen who have of late been at the head of the ministry . for god's sake , sir , cast up the account of the last four years management , and see what you have gain'd by changing vvhigs for tories ; have not your affairs gone backward both at home and abroad ? have not mismanagements been multiply'd ? have you not cool'd your friends , and yet not gain'd your enemies ? do not almost all the tories you employ drink k. iames's health in your wine , and serve him in your offices ? do they not obstruct all business which ought to be dispatch'd , and dispatch all business which ought to be obstructed ? browbeat your friends , and delay them in their most just pretences , but comply with your enemies in their most unreasonable demands ; nay , connive at their cabals and conspiracies , and snatch them out of the hands of justice , when the law hath pass'd sentence of death upon them for their treasons ? would not such ministers and friends as these be less dangerous to you , when profess'd enemies , nay in arms against you in the field , than in your council , cabinet and offices ? undoubtedly they would . but i know the common answer to all these kind of complaints is , that it is more easy to find faults than remedies . if you please therefore , sir , we will consider of remedies , and i think there may be some found out both easy and certain , and they are these : first , sir , be pleased to remove from your person , council and offices of trust , men bred up and confirm'd in principles destructive to our english government , and hateful to your people ; and to discountenance all state-projectors , and mountebank-ministers , who make wounds in the state to recommend their balsam : throw out , sir , these achans to be ston'd by the people , who will otherwise ( i fear ) prevent god's favour to you ; who blast your success abroad , and rob you of the affections of your subjects at home , with their accursed thing , i mean that tinsel power with which these miscreants dazle the eyes of princes , and lead them out of the right way ; god is displeased with it : for uncontroulable and unaccountable power is the right and attribute of god alone ; and ( as the scripture tells us ) he will not give his glory unto another ; nor suffer those to act as gods , who are to die like men. your people also will be displeased with a despotick power ; for the kings of england are bound by laws , by mutual compacts , &c. ( as you your self , sir , have set forth most unanswerably in your declaration when you came over ; ) and if these are broken , english-men , who believe themselves subjects to the crown of england , ( as by law establish'd ) and not slaves to any particular person * ; they become impatient , angry , and at length perhaps unreasonable . and whenever they see their king beset with ministers of lawless principles , ( those wholesale merchants of arbitrary power ) they grow mistrustful and uneasy , and are apt in such cases to shut their purses , and open their mouths . and give me leave to say , sir , had not the people been made apprehensive and jealous , by seeing these men in the ministry , whose mischievous methods they were so well acquainted with , and did so much abhor ; no general excise , no loans , no powers would have been thought by the people of england , too much to have intrusted you with ; so highly they esteem'd your generous relief of them , your unequal courage , and the many other admirable vertues they saw shine in you. an english king is the greatest monarch upon earth , when he reigns in the hearts of his subjects ; and all other methods to power and greatness have been found ineffectual in england . i remember i once saw written over a mercer's shop , keep thy shop , and thy shop will keep thee : and tho it be a homely allusion , it is very applicable to the present point ; keep your laws , sir , and your laws will keep you ; support your people in their rights and liberties , and queen elizab●th shall pass her royal word for them , they will support your just prerogative at home , and your honour abroad . and , sir , by the way , do not let your flatterers give you a cheap opinion of a power deriv'd from the people ; for it is undoubtedly from their consent , that all power must come : nor let them make you uneasy that your title to the crown is from the universal free choice of the commons of england : believe me , your ministers , nor the two learned bishops who have scribled upon this subject , will never be able to find you a better . in the next place , discharge all iacobites and trimmers from offices of trust : for such as either desire k. iames , or from their fear , or wisdom , endeavour to deserve from him ( so much as their pardon ) i humbly conceive are unfit for your service at this juncture ; tho when the government is more settled , i am for entertaining all who give proofs of their penitence for their past actions and opinions . but , sir , purgatives will not alone perfect the cure of your government , and restore it to perfect health ; you must make use of alteratives too , there must be a change of measures , as well as a discharge of men : and the method i would humbly offer is this . first ; to make the interest of england your chief design and aim ; and since you are an english king , to become entirely an english man. england is a nation jealous of rivals in her prince's favour , and thinks her self deserving of all his care , and all his caresses : if the people of england think you have a favourable opinion of them , they will endeavour to deserve it ; if not , they may perhaps deserve your worst opinion too . this humour of the nation queen elizabeth found early , and apply'd her self so happily to it , as by this single point to master all her difficulties , ( the greatest it may be that ever prince had to struggle with ) ; whereas her successors , by contrary measures , brought themselves into very unfortunate circumstances . in the next place , sir , let me desire you to avoid concerning your self in elections of members in parliament , or influencing them when chosen : the parliament is a sacred part of the english constitution , and , like the israelites ark of old , is not to be touch'd profanely , but with great danger to those who touch it so . and therefore , sir , it will be your true interest to leave the people free to their choice and to leave the members free to their opinions when they are chosen . it is still-fresh in our memories , how much the practices of the late reigns in corrupting elections , and closeting the members of parliament , enrag'd the nation , and they had reason to resent it ; for if ( for the sake of a vote ) a member of parliament shall be placed in an office of trust he is not fit for , this is destroying the government two ways at once : for , to speak in the phrase of the ministry , it is making a parliament of clouts , and an officer of clouts at the same stroke . rejecting bills offer'd by parliament of publick benefit , and for the securing of our antient government , and the fundamental rights of the subject , was highly displeasing to the nation also in the late reigns , and will be so in all reigns : as was likewise the denying the people their undoubted right of frequent parliaments . they had also in the late governments an invention to make a pump of the parliament , and by pouring in a pint of water , to fetch out a tun : this was justly most provoking to the nation , and treasur'd up wrath against the day of wrath. the refusing of bills , and the contempt of addresses from the parliament against ministers , or in any other cases , hath likewise given great offence in former reigns . for tho the house of commons , seconded by the house of lords , cannot reach the life of estate of any person , but by a full proof in form of law ; yet because it is so difficult a matter to come at such a proof , a vote of the house of commons against any minister , hath always been esteem'd by all kings ( who were well with the people ) a sufficient reason for the removing them from court ; and i have heard that our king henry the fourth ( a warlike and a wise prince ) upon an address from the parliament against some of his ministers , reply'd . i know no evil by these men , but if they are thought unfit by my parliament for my service , i shall not think fit to continue them in it . all these things , sir , therefore are most carefully to be avoided by your majesty : they will appear with a worse grace in you , who have declar'd and made war against these practices , than in your predecessors : for as st. paul says , thou who hast said , ye shall not commit adultery , dost thou commit adultery ? thou who hast said , ye shall not steal , dost thou steal ? you must by no means , sir , give this occasion of clamour and recrimination to your enemies . but be pleas'd to follow this general rule , always to beware of the ministers , and to avoid the schemes and counsels of k. charles and k. iames's government , and then you can scarce err : for whatever is opposite to their principles and practices , is the direct road to your security and success . in the next place , sir , let rewards and punishments be duly and impartially distributed ; this is a rule to which all ages and governments have paid the greatest respect and observance ; and to which the present monarch of france does chiefly owe the prosperity of his affairs : and without this principle no government can subsist . your ministers who serve you well and faithfully , must be distinguish'd from those who betray you , or serve you carelesly and idely ; and not smil'd or frown'd upon as they are supported or persecuted by this or that party or faction . ( and by the way , sir , a prince in england that rules according to the laws and interests of his people , will never have occasion to make his court to any party or faction ; nor can any minister or any party serve you against the interest of the nation . ) let your souldiers be encourag'd , and preferr'd according to their bravery and abilities , without favour or affection : the bravest otherwise will follow the example of cowards , if they find they have no advantage over them by their courage : for all men would be cowards if they durst . to an english souldier a smile or a kind word , is as acceptable at some times as a month's pay ; and if you will condescend to a commendation of what they do well , they will endeavour in the next occasion to exceed what they did before : for if you are once master of their love , your are sure to have the disposal of their lives . nor need you fear to punish them severely , provided you reward them bountifully . let the insolence of your enemies be rebuk'd , and rebels and traitors to your government be severely punish'd , and not courted and caress'd ; for in the present state of affairs all mercy to your enemies is cruelty to your self and friends : and it encourages your enemies , and disheartens your loyal subjects , to see these insolents brave the government unpunish'd , and to see your treacherous ministers solliciting the pardon of every condemn'd traitor ; and making their court to k. i. at the price of your safety , is most provoking to every good man. besides , it looks like your having a doubt of your own right and title to the government , to be thus backward in asserting it ; and is so interpreted by the iacobites . intelligence is another point of mighty consequence , and can scarce be purchas'd too dear : for it is the soul of government , and directs all its actions properly , and without it you consult in the dark , and execute blindfold ; you know not what to act , what to fear , where to attack , or where to defend : i do not mean by this that we are to penetrate into the french king's counsels , or rifle his cabinet , that i am afraid is out of the reach of our power , and of our purse ; but i cannot but think we may be able to know the marches of their armies , and the motions of their fleets , without selling our souls to the devil for intelligence , or breaking our exchequer . thus , sir , i have set before your majesty , what , in my poor judgment , is for your interest to pursue , and what is for your service to avoid ; what will make your majesty and this nation happy , what will make both unhappy : and i heartily pray the great , good and wise god , to direct , bless and prosper your majesty in all your glorious designs for the defence of these kingdoms , and of christendom against the common enemy . if i have us'd too great a freedom , or have offended in what i design'd for your service , i am sorry for it : i call god to witness , my plainness proceeded from my zeal and affection to your interests , and the prosperity of your affairs , and not from any factious , saucy , or unmannerly principle . i wish some abler pen had taken upon them this part. but i must own , it provok'd me to see my country and my king so forsaken ; the one of advocates , the other of honest counsel ; and this urg'd me to take upon me those two characters , of advocate and adviser , both which i confess my self very unfit for : not , but that as i said in the beginning , i take it to be the privilege , nay and the duty too of every english subject , ( provided it be perform'd with a decent and due respect ) to lay before the king such matters as may be dangerous to his person or government , to be conceal'd from his knowledg : ( for we are not ty'd up in england to spanish forms , where the king must be wet to the skin , if he whose proper office it is be not in the way to put on his cloak . ) and i beg your majesty to believe what i have said is from a faithfulness and sincerity , which will in all accidents and difficulties preserve me unalterably , your majesty's most loyal , most dutiful , and most obedient subject . to the honest english protestant reader . honest reader ; at the beginning of the late revolution , i dare say , it was not expected by thee or me , that it would have been necessary in this reign , to have enter'd into argument , whether the principles of whig or tory are most agreeable to the constitution of the english monarchy ; or which party were to be chosen for the support of our present king and queen . but such is our fate , that i am afraid it requires an abler pen than mine to convince some , who it is highly necessary should be convinc'd , that any of the measures of the late reigns were mistaken : they are taught to believe those monarchs in the right ; nay , even those evil counsellors too , which were so m●ul'd in the declaration of ; and none are rogues and villains , and deserve to be hang'd , but those who were most active in the bringing the present king and queen over , and in setting the crown upon their heads . i thought it therefore high time that this matter should be set right ; and in order to it , that the principles and practices of whig and tory should be truly and impartially examin'd ; which i have endeavoured to do to the best of my knowledg , and shall be well pleased to see any other do it better from my poor hint . i acknowledg the looseness of the style , the want of method in the following paper , and the many repetitions this dialogue way of writing is liable to , will lay it open to the lash of every pedant , and school-master : but know , i write not for fame , or out of any vanity of being an author : and therefore i come not to you , as the apostle says , in the enticing words of man's wisdom , but in plainness and in truth , &c. i have stated the matter so fairly , that some of the tories may be fools enough perhaps to think i have given them a victory , ( and triumph as their admirals did in their being gazetted , because the council was so favourable , as to suffer them to pass for mistaken block-heads , instead of wilful knavish liars . ) but indeed i thought the tories had so weak a plea , that i might well allow them to make the most of it , and have left nothing unsaid which i have ever heard them say in their defence . what they have done the honest people , and the interest of england most mischief by , is that sham of a commonwealth , which i have in the following discourse ( i hope ) convinc'd all honest men is a false notion , impracticable and impossible in england ; however this is the breast-work which they have always cover'd themselves with , when they designed to fire upon the rights and privileges , the laws , liberties and properties of their country : and whenever they do raise this breast-work , we must endeavour to beat it about their ears ; i am sure it is too weak to resist any attack , and i hope ( as bays say ) they fly , they fly , they fly , who first did make that lie. what i have here written , is with an honest design of doing service to my country ; and if it either happens to inform or convince any , to embrace the publick interest , and the common good of themselves and fellow-creatures , i have my end . and for the tory criticks , they may bite till their teeth meet through my book , yet i shall be as insensible of their malice , as they have been of the king's mercy , favour and friendship to them . i will comfort my self , honest reader , that i have thee on my side ; and so long as thou dost continue firm in the supporting the english laws and liberties , thou dost build upon a rock , against which , i hope , the gates of hell shall not prevail ; and so long i will build upon thee , and hope for all good from thee , and pray for all blessings upon thee . adieu . a dialogue between whig and tory , &c. tory. well met old acquaintance ; who would have thought seven years ago , to have seen you and i at white-hall together in the same interest ? whig . in the same interest ! why , who thinks that now ? tory. what , in one of your old peevish fits ? i thought now all things go to your mind , you would have been in better humour . whig . you were begotten , born and bred in mistakes , and i doubt not but you will continue so to your end : yet you cannot be so gros●y mistaken sure as to think , all things go to any honest englishman's mind ; when you , who were the tools of the two last reigns , the instruments of all our past and present misfortunes , and the declar'd cause of the war which brought on the late revolution , are notwithstanding the only men courted by this government . tory. i am afraid you will never be pleased with any monarchical government . whig . that is a point i know you have been long endeavouring to put upon the world , but more industriously upon the court ; yet i wonder at your impudence of urging it now , since it is so fresh in every man's memory , how zealously the whigs struggled in the late convention to settle the monarchy , whilst you contested as zealously to make it an anarchy . tory. we will talk more of this by and by : but if you were so instrumental as you say in setting up this government , why are you so out of humour with what you have made your selves ? whig . disappointment you must allow a just cause of resentment : we hop'd from new lords new laws , new ministers , and new methods : but if still we are to have the same ministers , and consequently the same methods , the very tools of the two last reigns , and consequently the same work ; this i take ( in my lord h — s phrase ) to be a change , without an alteration ; and ▪ in my opinion , gives too just occasion of dislike : and i cannot but think this way of managing affairs , must end unhappily , both to prince and people . tory. but how come you and i to be so concern'd either for the prosperity of princes , who never think of us , but as we can serve some present turn of theirs ; or for the interest of mob , who will sing ballads upon us under the gallows , when we are hanging there for their sakes ? prethee whig , grow wise , and do not torment thy self thus with state-affair● ▪ let princes take care of themselves , and the people of themselves , and let us take care of our selves . my method is , to get what i can , and let courts do what they will. whig . why then , sir , with your good leave , your method is as foolish , as it is knavish : for whoever sells his country to a ●awless power , leaves himself nor his family no certainty , no property in what he hath gotten by his treachery ; nay , his estate is as often the snare , as the comfort of his life . it proves sometimes a naboth's vineyard , and makes him the eye-sore of some hungry court-favourite . and i would ask , whether a small estate fenc'd about with laws , and the possession thereof secur'd to you and your family , is not of more value , than a much greater revenue , of which you cannot assure your self the possession one minute ? your fore-fathers thought the laws and liberties of england worth their care and contest , and waded through rivers of blood to leave them in force to their posterity . and the church once made it an article of their religion , nolumus leges angliae mutari : but thou dost renounce all the principles of humanity , of common sense , and of religion ; and oughtest to be driven out of a country which thou makest open profession to sell , and betray . and as for what you say of the ingratitude of princes , and people , the one to his faithful and affectionate subjects , the other to their zealous patriots ; this does not discharge you from your duty to either . but ( in answer to the first ) if you will serve princes no farther than you serve your country in serving them ; that service will always reward it self : and for the mob , as you are ever pleas'd most mannerly to call your country-men , and fellow-citizens ; if any prove so sordid as you alledg , i shall answer you in the words of our saviour , forgive them , for they know not what they do : and let his example teach you better principles , who , notwithstanding all the scoffs and indignities he met with , laid down his life upon the cross for the benefit of mankind . but your principles make you the triumph of heathens , and bring you upon the same foot with brute beasts . tory. come , don't tell us stories of our great grandsires , who troubled themselves about trifles : there is a fashion in government ( as well as in clothes ) which must be comply'd with , according to the humour of the present age ; and you may as well pretend to shape all gowns by queen elizabeth's fardingale , as to shape our courts , or counsels according to the sentiments of that , or other times , which were as different too from one another , as we are different from them . whig . as for your fashion of government , mr. tory , i hope it is either gone to the grave with k. c. or to france with k. i. and could heartily wish you would follow it to either places : but pray before you go , let me ask you in what age and time it was , that men of sense , or men of honour , did prefer will and pleasure to laws , or slavery to freedom ? as i take it , the principles of liberty and property , have always been in fashion amongst men of sense , and estates in england , and ever will be . but your principles can never find professors , but amongst fools and beggars . tory. whatever our principles are , you find both them and us preferr'd to you and yours , even by a government of your own choosing : and let that satisfy you as an answer to that point . whig . not at all ; that only proves a mistake some where : and where the mistake is , if you please , we will enquire ; and i think it will best appear by examining the original rise , principles and practices of both parties . tory. come on then , a clear stage , and no favour . whig . as for your original rise , 't is certain , you owe your being known in the world , to the horrid and execrable designs of the two late kings to set up arbitrary power and popery amongst us : then were all the jails , brothels , and kennels raked for villains of ●ear'd consciences and desperate fortunes ; your arl — ns , clif — ds , of — s , were then thought upon for ministers of state ; and under them were bred such a pack of wretches , as the court of tiberius would have been asham'd of . in the law they were of the same sort with the ministry ; what age can parallel your n — ms , your n — ths , your ieff — ys , sc — gs , rain — ds , wri — s , &c. and their under managers gra — m and burt — n ? &c. then as to the pillars of what they then called the church of england , tho so disguised at that time , that it was scarce known by its most dutiful , most affectionate , and most pious children ; i need say no more of them , than that they were composed of bishops , and a clergy preferr'd by two kings , who were about to set up popery and tyranny : and therefore were to choose such men into the government of the church , who they thought would be most complying with those purposes , and whose looseness of morals might bring most discredit upon the protestant religion : and whoever remembers park — r , cart — t , or knows cr — w , and wat — n , will ( i think ) be of the opinion they were not ill chosen for the abovesaid purposes . tory. but you see whatever purposes they were chosen for , several of the bishops opposed popery with the greatest bravery imaginable . whig . true , they did oppose a popish clergy being brought into their bishopricks , churches and colleges ; and who but a mad man would have expected any other from them ? but did they ever stick at any thing that might advance arbitrary power over the laity ? did they not conjure the people to passive obedience , non-resistance ? &c. did they not tie us hand and foot , and throw us like daniel into the lions den ? nay , did they ever stick at building his popish church for him , whilst he contented himself to make use of their hands ? but when they saw that after they had gone so far in the service , others were taken in to finish the work , and to reap the fruit of what they had sow'd and planted : this was indeed intolerable , and then it was , and not before , that they begun to make a noise about the protestant religion , and english liberties , and to preach backward all their former sermons . tory. but you cannot deny but that they were very instrumental to the revolution . whig . i own they were for some time , like fishes who have got a worm in their heads , they did frisk and leap out of their own element ; but like them too , they soon plung'd into it again : for k. i. was scarce got to feversham , before they repented what they had done , and from that day to this have given all the proofs and marks of an invincible hatred and enmity to the present government : they opposed the king's coming to the crown , fell into cabals for the weakning his government when he was king , and raised rebellion without , and plots within the kingdom for the restoring of k. i. &c. nay , at this time it is undeniable , that when ever the clergy are most numerous , the jacobites are most numerous too ; there are more jacobites ten for one in every cathedral town , than in any other towns , accounting number for number : and how the universities are generally disaffected to this government , is notorious ; they reproach and rail against the very bishops and clergy-men preferr'd in this reign . the archbishop of canterbury himself , whose learning , piety , and excellencies of all kinds , are so eminent , that it seems impolitick in them , as well as unjust to reproach him , yet him too do they rail , scoff at , and treat with the foulest invectives . in short , those who every day piously attend the service and religious worship of the church , who most frequently are communicants in the holy sacrament , these they will notwithstanding call presbyterians , canting , whining hypocrites , &c. and esteem none sound members of their body but those who drink with them , and come up to all their highest points of dominion , tyranny , and uncharitableness to all those who are not of their faction : i will not call it their church , because i think it a dishonour to the best reform'd church in the world , to be served by such a clergy as are not only a scandal to the name of protestant , but to the name of religion ; and who , under the title of protestant priests , are labouring with all their power the return of k. iames , with his popery and slavery , and preach and pray openly for his restoration ; whilst no exhortation for obedience to our presen● king , our great deliverer from popery and slavery , is heard from any pulpit , no passive obedience nor non-resistance is named in this reign : and if for the sake of their livings they are forced to pray for the king and queen , it is in so faint and low a voice , as if they had no mind to be heard either by god or the people . tory. some few discontented persons there may be perhaps , who may deserve this character , but i hope you do not lay this charge upon the whole clergy of england . whig . no , i know there are many religious , learned and good men amongst them ; and there will i hope be more if this government continues : but that the number is not small who have refus'd the oath , to this present government , you cannot deny ; and that most of the high church , as they call themselves , those who ( as a learned doctor said ) have the spirit of the church in which they were bred , tho they will not say with st. paul , they have the spirit of god * . most of this order , i say , profess to take the oath of allegiance to this king , as he is king de facto , not de jure . and by the example of these reverend clergy-men , the lay knaves and fools are directed to take oaths with mental reservations , and private interpretations and distinctions . and having no principle , but that of self-interest , in which case you ever renounce all justice , all humanity to your fellow-creatures ; you profess slavery to some , that you may lord it over others ; yea renounce and trample upon all laws to serve a turn , make a jest of liberty and property : and to gratify your pride or avarice , you have betray'd your country , persecuted and murdered your innocent country-men and fellow-citizens , sold your neighbours to the french king , and your laws and religion to the late kings ; and even from the same principles have been endeavouring to bring about the same practices in this reign too ; and in order to it , have been tempting your lord and master , in the language of the devil to our saviour , all this will i give thee , if thou wilt fall down and worship me ; and i hope he will answer you in his words upon that occasion , thou shalt not tempt the lord thy king. thus have i given you in few lines an account of the rise , principles and practices of your party , with which i could fill up a volume : but i consider the nation needs only a general hint to refresh their memory to particulars . for the smart of the wounds received in the late reigns from you , is yet most sensible to many honest english-men . tory. if this devil of a tory be so black as you paint him , i wonder how he comes by so fair a character , and so numerous a party in the nation , and so great a countenance from all courts of contrary interests . whig . fair appearances , and great numbers prove nothing ; the lewdest strumpets are often fair , and fools and knaves have in all ages out-numbred the wise and honest. how ye tories came to have so great a countenance from the last court , i have already shew'd , and will ( since you command me ) shew you how ye became the favourites of this court too , even by the same means , and the same men ▪ that made you favourites in king charles's time. for the m. of c. after all his mischievous management of affairs in that reign , having by an ill fate to this poor nation , got into some small pretence of merit , by little assistances he gave to the late revolution ; upon this he sets up again for ministry . but being apprehensive that those honest gentlemen , who had so bravely exposed their lives and fortunes for the redemption of their country , and were so well acquainted with his methods in the late reigns , would be jealous of his having too great a credit with the king , he thought it his best play to begin with them ; and from his first coming to court , labour'd to insinuate jealousies into the king of those gentlemen as commonwealths-men , haters of monarchy , &c. and having likewise an implacable pique to parliaments , for their impeachment and imprisonment of him , he at the same time represents that part of the government envious of the king's power , and always endeavouring to make him a king of clouts , a duke of venice , &c. thus by misrepresenting the king's best friends , he made way to bring in his old practices , and his old working fools ( whom he represented to be men of business , and friends to monarchy ) into this court too ; and being assisted afterwards by the e. of n. and some others , ye have indeed carried all before you ; and how much to the interest of the nation , and the honour of the king , let all the world judg , who have seen this poor kingdom every year for this last four years brought to a reasonable apprehension of being invaded from abroad , betray'd at home ; and in a word , to subsist only by a miracle . tory. all this rambling story you have told is a wild supposition , and straining the intention of this noble lord to your own malicious purpose , who design'd nothing more in bringing in these gentlemen you call the king's enemies , than by reconciling them to the king and his government , to make the foundation of it broader and deeper : and i know not how this comes to be such a crime , and so ill policy with us . i have heard , that henry the fourth of france , who was esteem'd a wise and politick prince , thought it very good king-craft , to caress his enemies of the league , and to make his court to the jesuits . whig . and pray , what did he get by it ? did he ever gain either of them heartily into his interest ? were not those of the league ever ready to plot with the spaniard , &c. against him ? and for his dear friends of the church , not all his renunciation of his old religion , and his old friends ; not all his gifts , his caresses , and his courtship could reconcile them to him , or so much as save his life , when they had it in their power to destroy it . for those jealous gentlemen , the iesuits , never would believe they had his heart , till it was sent them in a box to le * fleche , to be buried there . tory. but notwithstanding your iesuits tale of a tub , i will undertake that all the tories ( as you call them ) in england , both clergy and lay-men , shall take the oaths to the king , and serve him heartily , provided he will do one thing . whig . what 's that ? tory. utterly discard you whigs , and give us the penal laws again upon the fanaticks . whig . and would that make the foundation of the government broader and deeper , as you talk'd just now ? besides , have you not heard a story of one sampson , sir , who after he had resign'd his lock of hair in which his strength lay , was delivered up to his enemies by those he had trusted ? but supposing what you propose ( if granted ) might win you to be williamites , were king iames dead , yet i am mistaken , if whilst he lives , and the king of france continues as powerful as at present , you will ever be drawn by any courtship , to engage so far in the interests of this government , as to swear otherwise to the king than as king de facto , nor will you make your reconciliation to king iames desperate . answer to this point plainly and truly . tory. wise men will always secure a retreat ; and self-preservation is a first principle with all men. and as a gentleman said wittily upon this occasion , as long as the government can maintain it self , and will maintain me , it is sure of me : but i have liv'd too long at court to die a martyr for any monarch , and will always behave my self so in one court , as to be well with the next . and tho perhaps this is not all that this government might reasonably wish from us , yet i can tell you they do not believe that they shall mend themselves , by changing us for you , for divers and sundry reasons . whig . pray let us have some of them . tory. first , because you are for a commonweath-government , and haters of monarchy . whig . that is , that we are mad men , and void of all common sense and reason : for whoever hath either of these , will know a commonwealth , a chymera impracticable , and impossible to be brought about in england . if machiavel be of any authority , he says in his th chapter upon government , that where there is not an equality in the conditions and estates of a people , it is impossible for that people or nation to erect and settle a commonweath . he gives you examples to confirm this , but i think there are some more to our purpose , as being more recent and nearer home . upon the revolt of the low-countries from the spanish yoke , it was necessary for them to put themselves under some form of government ; and the form being in their own free choice , seven of the seventeen provinces , who were a trading sort of people , much upon an equality in their condition and fortune , and had few families of nobility or gentry among them , fell naturally into a commonwealth-government : but the other ten provinces , having great numbers of nobility and gentry , tho they were more immediately under the tyranny of the spaniard , and had been more particularly sensible of d'alva's cruelty and oppression , notwithstanding chose rather to continue under the hated government of spain , than to accept of the invitation the other seven provinces had made them of coming into the more hated project of a commonwealth : so impossible it is to reconcile men distinguished by titles and fortunes , to mix themselves in a common level with the people upon any consideration or disgust whatsoever . and whoever will look over what passed here in england from the year , to the year , will be yet more convinc'd of the truth of this assertion , and of the nonsense of any commonwealth-design in this nation : perhaps there was never at any time so many men of strong inclinations for a commonwealth-government as then , nor of greater abilities to effect such a design : and yet they found the nobility , gentry and dignified clergy such a rub in their way , as no art , no force could remove : and at last they were brought into that confusion and disorder by attempting it , that the very people and army who were in this project of a commonwealth , and had overthrown the monarchy in order to it , and could support cromwell in a single person , yet after his death saw a necessity of restoring the monarchy again , and assisted towards it . but this was the dust which the two last courts threw into the peoples eyes when they would make them blind to arbitrary power and popery : and is now one great artifice the iacobites depend upon , whereby to separate the friends of this government from its support ; tho it will always be a jest to understanding men. i have heard a story of a lady , who passing through a crowd to her coach , and having a rich jewel on her breast , cover'd the jewel with one of her hands ; which a pick-pocket in the crowd observing , steps up to her , and claps his hand upon a place below , which he thought would oblige her to remove her hand from her breast , to defend it : but the lady apprehending the thief 's design , very prudently neglected the false attack , and apply'd both her hands to the s●curing her jewel , and by that means came off safe . and so gentlemen , whenever you make your false attack upon our commonwealth , we shall for the future , take it for the signal to us , that your real aim is at our liberties and properties , and shall apply both our hands and hearts to the securing those jewels of inestimable price . but to be serious , in our case the whigs ( as i said in the beginning of our discourse ) have given sufficient proof how little they design'd a commonwealth , and how hearty they were to the monarchy , in their struggling so zealously to set the crown on the king's head. tory. we own you were for giving him the name of a king : but after all , speak sincerely , did you design to make him any more than a king of clouts , a duke of venice , or a statholder ? whig . we design'd to make him as great a king as the laws of england and our ancient constitution make any king : and if you pretend to make him more , take the honour of it . but , sir , upon this occasion your party were for making his present majesty less than either a duke of venice , or statholder of holland : for in proposing to make him a regent , you make him only a journy-man-king , a subject to king iames , and accountable to him : but what the whigs did to deserve being suspected of a commonwealth-design , or of any intention to lessen the king's just power , i am yet ignorant . tory. you are wilfully so then ; for what could the meaning of the convention be to settle the revenue of the crown from three years to three years , and to take away the revenue of the chymney-money , one of the fairest flowers of the crown , but lessening the king's power , and making his government precarious ? whig . the chimney-tax being grown a grievance more sensible and more odious to the common people than any other ; and the danger of being enslav'd by giving such great revenues ( for life ) to the two last kings ( by which they were enabled to maintain standing armies , and to subsist without parliaments ) was so fresh in the memories of all thinking english-men , and so apprehended by them , that the king's friends thought it greatly for his service to take away the burden of the one , and the apprehension of the other from the people , and by using different methods to those which had been follow'd in the former reigns . to make his present majesty's government more acceptable to all good men , and that he might hereby reign in the hearts of his subjects , and be distinguished by them : which method , if pursued , would have given us a fairer prospect of our affairs , than at present i am afraid we have . but this is not the interest of wicked ministers , who when kings take these courses , lose their dominion over them : their business is therefore to make princes jealous of encroachments of parliaments , of commonwealth-designs amongst the people , to represent the king's interest separate from the interest of his subjects ; and then to ingratiate themselves with him , and raise themselves in his opinion for their parts and abilities , they offer him schemes of politicks , to prevent designs against him which were never thought on . thus these honest iago's first work a prince up to jealousies and hatred of his people , by false suggestions ; and then , as a remedy against the mischiefs they have suppos'd , put him upon designs ruinous to his country and himself . but in the mean time , by appearing thus zealous for what they call the king 's particular interest and glory , they insinuate themselves into some sort of princes favour , they become confidents of all court-intrigues , and grow great and rich ; they dispose all offices ▪ and crush all who are not their creatures ; and at last come to awe and govern kings themselves . as waiting-women , who when they have debauched their mistresses by their mercenary sollicitations , and are become the trustees of their frailty , they no longer taste the busk , nor bitter reproofs for misplacing of a pin or patch ; but from servants become mistresses , no faults are then found with them , no liberty denied them ; even the purse , and the rich petticoat is absolutely at the waiting-woman's service , till at last they bring their mistresses to infamy and beggary . and so to return to the ministry again ; by this kind of management they make their masters kings of clouts , necessitous , miserable , and despis'd princes . for example ; what made the late king iames a king of clouts , but those evil counsellors , who put him upon despotick and dispensing power , and propagating a religion against law ? who put him upon preferring papists and irish , to protestants and english ? who advised his seizing colleges and charters , setting up high-commission-courts , and making parliaments and laws a nose of wax ? deny this if you can , mr. tory. nay , as to your idol-king , charles the second , ( who notwithstanding i believe much the worse of the two brothers , as sinning against a better understanding , and greater obligations ) was it not by these counsels , and some of these counsellors , that this gentleman was made a king of clouts too , from having all the advantages at the time of his restoration that ever king was blessed with ? he was belov'd , delighted in , and courted by his subjects ; was respected abroad , in plenty and power at home ; and could direct the votes of a parliament with a nod ( more than he could at last with his exchequer ) : yet after all this in a few years , by the management of some of our present evil counsellors , who gave him ill impressions of his subjects , made him out of love with parliaments , and poison'd him with lawless power , and love of tricks , ( the worst of poisons to an english king ) who , for their own filthy interest , perswaded him to sell dunkirk , break the triple league , and enter into measures with france , destructive to the interest of this nation , and of all europe . by these measures he at last became distasteful to his subjects , and was forsaken by a parliament the most attach'd to him , and in love with his person to a fault ; so that at last ▪ his necessities drove him to become a pensioner to france * . and if you will believe mr. dreyden , his poet-laureat , concluded his reign in these miserable circumstances of being [ despis'd abroad , and living on tricks at home . ] and how these gentlemens father and grandfather were made kings of clouts by the like measures and the like ministers , by endeavouring at lawless power , and laying aside parliaments , &c. even the histories of those times publish'd by their own authority , make it out plainly . and now , mr. tory , if you please we will examine a little into the few examples we have of princes who have practis'd a contrary method to the before-mentioned one ; we will enquire what effects that sort of government hath produced ; and we need go no farther , i think , than queen elizabeth's reign , the immediate predecessor to the scotish race , to fetch a comparison that will answer all objections : and to give the beauty of her government its due lustre , let us set it off with the difficulties that attended it and surrounded it in the beginning . let us consider her in the first place — of the weaker sex , — a woman — having no * rightful , tho a lawful title ; — the greatest part of her subjects of a contrary religion to her — the queen of scotland , her next neighbour , a pretender to the crown — ireland in open rebellion : the king of spain , the greatest monarch of europe at that time , her mortal enemy , and invader — plots and conspiracies by the papists against her at home — and no ally abroad but the dutch , then an infant state , and supported by her . — and yet we see this poor , weak woman in the midst of all these disadvantages , absolute and uncontroul'd at home , aweful and glorious abroad . this indeed seems very extraordinary ; let us enquire therefore what methods were then practised in order to the producing such wonderful success : was it by corrupting elections , or making pensioners of parliament-men ? — no , for her courtiers pleaded ( as well in bar of being parliament-men as of being sheriffs ) that they were the queen's servants : so that by this we may reasonably conclude there was nothing to be got by it in those days . — was it by employing her sister queen mary's ministers , or courting her enemies the papists ? — no , — for she made england too hot for the one , and adorn'd almost every gibbet in the nation with her justice upon the other . — was it by a standing army then ? — not that neither ; for she had no army , nor no guards , but her gentlemen-pensioners , and yeomen of the guard. i know you 'll say , how the devil could she bring matters about as she did , without using any of the admired methods of our late times ? — in good sooth , even by so homely and plain a receipt , that you 'll laugh at me when i tell it you — only — by loving , and courting the love of her people , and not preferring scotish , french , not irish favourites to them ( as in the late reigns ) — by being just to their rights and liberties , and devoted to their interests — by rewarding bountifully , and punishing severely ; — by encouraging honest men , and — browbeating state-projectors and tricksters ; knaves who perswade princes , that their interest is separate from the interest of their people ; — who counsel them to stretch prerogative , or be over-fond of it ; — who endeavour to breed unkind thoughts in them to their best friends and honestest subjects . this sort of gentlemen were out at heels in her time . she , like a truly wise woman , never seem'd fond of despotick dominion , nor of those who flatter'd her with it , and put her upon it ; for she knew , that nolo dominare is the readiest way to power in england , and that it is soonest found of those who seek it not . — she — wisely thought , that to be the deliverer of europe , a greater character than to be conqueror of it ; and that it would be more truly glorious to redeem one single town from slavery , than to enslave the whole world. not like some of her successors , who ( unworthy to be soveraigns of the noble order the kings of england wear ) have chosen rather to be the dragon than st. george , rather to destroy than to defend their kingdoms . — she never took money from her subjects , but she gave them a penny-worth for their penny ; and was seldom nice in according them such laws as they thought necessary to their safety . for being well assur'd of her own just intentions , she never suspected theirs . and thus at last she got an absolute power even over the laws , — as a good wife gets a power over her husband , by loving and obeying him . and now i think i have sufficiently exemplified what sort of ministers and methods they are which make princes great and glorious monarchs , and which make them kings of clouts . and whether this latter character belongs to the whig or tory , i submit to the judgment of every impartial and reasonable man. but go on with your charge . tory. it is objected against you whigs also , that you do not love the king's person . whig . what an accusation hast thou blundered upon , thou very irish tory , thou eternal trifler ! not love the king's person ? — 't is a thought fit only for a chamber-maid , when the chaplain or valet offer their service to her . kings are to be lov'd by millions of their subjects who never see their persons , ( as heaven is by mankind ) for their providence and care of their people ; for the influences they dispense of their justice and mercy , and for the universal good and benefits which they scatter amongst their subjects . and in this point their thoughts and designs should be god-like ; and by any other sort of lovers than these , any king will be as slenderly accompanied in his misfortunes , as king iames was to feversham . but besides , this accusation is as false as it is foolish : pray , sir , who shew'd the most early inclination to the prince of orange's person , the whigs or the tories ? who went into holland first and begun the project of the prince of orange's coming over hither , whigs or tories ? who put the crown upon his head when he did come , whigs or tories ? but to come nearer to the point ; did not the whigs shew a most apparent partiality to the prince of orange's person in all the points of the settlement of the crown , and particularly in giving it him for life , overlooking at the same time the p. of d's title , and the lineal succession ? did they not to a man stand by the king's authority in the debate concerning the p. of d's revenue , and leave the disposal of that affair entirely to the king's pleasure ? and now after four years being us'd like the worst of enemies for all these services ; after being shut out from speaking to the king , and almost from seeing him ; after being discountenanced and frown'd upon , they have notwithstanding ( like the humerous lieutenant ) ever shewed a grutching to his grace upon the least encouragement , or invitation ; and have at the opening of every sessions , for three winters successively , still been ready to swallow the same sweetnings , and to be coaks'd by a clap on the cheek , like an old city-cuckold and cully , and have been wrought into a credulity , which nothing but their fondness and dotage on the king's person , could have effected . tory. but you will not deny that ▪ you have sometimes express'd your selves peevishly concerning the king. whig . and what lover that hangs or drowns himself for his mistress , does not do the same ? railing in a lover is an infallible symptom that he is far gone in the distemper : and no woman ever yet resented it when it came from that cause ▪ but our court hath not learn'd to distinguish between those who are angry with them , in concern for their prosperity , and those who seem pleas'd with them in hopes that they are in the way to destruction . and to speak plainly , sir , the partiality and courtship which the king hath shewed to you tories , in spight of all your apparent hatred of his person , as well as your profess'd dislike of his title and government , and the aversion he hath shew'd to the whigs , and contempt of all their advances and addresses , hath begotten ugly reasonings in jealous and prying men , as if there were a biass towards the principles of former governments , rather than to those this government declar'd for , and set up upon : and even the wise and well meaning tories begin once again to smell a t — d when you hold it so near their noses . but ▪ come , proceed . tory. you are likewise accus'd of being wedded to a party , and by that means will reduce his majesty to be king of a faction only of his subjects . whig . this will appear much otherwise , if you will please to remember who brought in the e. of n. to be secretary of state , and many others of that party , and how few of your faction were displac'd by the whigs when they had interest with the king. but this charge will appear most foully true upon you , who by the basest ingratitude and villany fell upon undermining those who brought you into the government the minute you were possess'd of the king's ear. and yet you see , notwithstanding all your barbarous treatment of us , we have always come in chearfully to all votes for money , all loans , and all other measures to support your credit and the common interest , till both are fallen so low , that the peoples clamours were never so loud , nor their dissatisfactions never so great . you , like solomon's harlot , are for tearing the government asunder , if you may not have the possession of it . we have shew'd on the other hand true motherly-tenderness , and consented rather that it should remain in your possession entirely , than be torn in pieces betwixt us , till it appear'd to all the world what a vile step-mother you have been , and how you have starv'd and abus'd a government worthy your most indulgent tenderness and care. and yet i am not for refusing any tory that gives proof of his sincere repentance , and of a love to his country , but with all my heart would give my share of the fatted calf to make the returning prodigal welcome ; tho i cannot but think it reasonable , that you should submissively seek the government , and not the government submissively seek you ; that you should own your sin against heaven , and against your country , and give security of another course of life for the future , and not justify your faults , and persevere in them . if i could see amongst any of you the least consideration for the common good and benefit of mankind , and the universal welfare of your fellow-creatures , to which you are bound by the law of god , and the law of nature , and to which all the heathens who were not barbarous , paid a most profound reverence and obedience , and preferr'd to all private interest , to wives , children , estate , nay to life it self . if i can find any amongst you a lover of his country , a sincere supporter of the laws , liberties and interest of the english nation , i am as much his servant , tho he be a n — , a c — , or a r — , as if he were a s — , a r — , a s — , or a t — . but instead of shewing any regard to the interest of the nation , any bowels for your country , any self-denial in point of private interest : have you not sold your country , and their birth-rights upon all occasions ( like esau ) for a mess of pottage ? have not some of you put off human nature , human reason , and all common honesty , so far , as to conspire to bring in a french power , to gratify your private and personal piques ? to bring in popery and slavery to rule over you , because you cannot tyrannically rule over your fellow-subjects ? remember what the presbyterians got by being so active in restoring the two late popish kings , hoping to be reveng'd thereby upon the independents , and other dissenters : were they not mingled in the same persecution with the others , nay , more oppress'd and mark'd out for wrath , as being more numerous and more considerable than any other sect ? just so must the church and their proselytes expect to fare from the hands of their popish friends ( whose cause they are so zealously propagating ; ) they may admit them to the honour of being the cat's-foot , but not a bit of the chesnut : no whig , no fanatick , but will then have as fair quarter ( at least ) from king lewis , as you , ( for king iames i take to be only a cypher , and property to your french lord and master , who when he hath finished his work , will finish his life too . ) and do you iure divino , you truly loyal gentlemen , think that you will find more favour then for being more attach'd to king iames's interest ? no , be assured the most inveterate enemies of king iames will meet with as favourable a treatment at least as you , who have professed your selves so violently enamour'd of king iames's person , and of the right line . reflect a little upon the king of france's conduct at the time of the late revolution : he knew long before the prince of orange's design of making a descent into england , and could have prevented it a thousand ways ; but instead of that , he writes to barillon , then his ambassador in england , to know in what condition king iames was to oppose the prince's forces : he being a foreigner , and judging only by outward appearances , represents the army of king iames sufficiently powerful to resist what force the prince of orange could bring : whereupon the french king believing that the english and dutch would by this means weaken and destroy one another , and leave a fair game for him the next year against the emperor and flanders ; and to take away all apprehension from the dutch of their needing an army for their own defence , and to give all encouragement to their design upon england , he draws all his troops from the side of flanders , and falls upon philipsburg ; which army if he had marched towards the spanish frontiers in flanders , the dutch durst not have transported a man ; and the whole design of the descent had been at an end . from hence it is plain what friendship the french king had for his dear brother king iames , and what you may expect from this man of honour and good nature , when you have serv'd his turn . come , grow wise and honest , and let us not divide under this or that ministry , under this or that faction or party , but let us all unite against the common enemy ; let us make the publick interest , and the support of the government as it is established by law , our chief and only aim ; and for all projectors and conspirators , whether for a commonwealth , a french tyranny , or any other tyranny , i wish they were all hang'd on the same tree , the first for fools , the others for miscreants and villains : and thus much , and no more am i for being wedded to a party . tory. i own you have told us a fair tale ; but nothing is proved , nothing appears undeniable , but your venom and enmity against the church , and her friends . whig . if your mean the french story needs proving , the disgrace of barillon when he return'd to versaille upon the account of mistaking and misrepresenting the english affairs , is notorious : but besides , the story proves it self more than a thousand witnesses ; and for the rest , i have related nothing but what every english-man is knowing of . and as for what you charge me with in relation to the church , i see little reason for it , unless , as st. paul says , you account me your enemy because i tell you the truth . for my part i reverence the church of england as much as any man : but i am not for sacrificing the laws and liberties of the publick , nay , the very nation it self , to a foreign conquest , for the sound of a word . i have a due respect for the priesthood too , and am their servant , but never can submit to be their slave : i honour their coat , but cannot be content to strip my self of mine , in respect to it . a moderate respect is decent , and our duty ; more i take to be superstition at least , if not idolatry ; and to worship a wooden priest , appears to me as bad as worshipping a wooden god. tory. now you are running into your usual violence and heat ; and let me tell you as a friend , it does you no good neither with the church , nor court , which latter hath a very low opinion of those men who express too much warmth in what they say or do . whig . and therefore their affairs have succeeded accordingly . let the nation be judges , whether , if men of warmth had been put in office by our ministers , the taxes would not have been more justly and carefully collected , than they have been by those luke-warm managers they have employ'd ; who , like the unjust steward , when the king 's due was an hundred , bid their neighbours write down fifty ? or , do you think the deputy-lieutenants of surry would have absconded last year , when they were ordered to raise the militia upon king iames's coming down to normandy , if they had been men of warmth to the government ? or , that king iames's friends would dare to profess their opinions , and carry on their designs so publickly ? that they would presume to insult the government in every coffee-house ; nay , in the mall and whitehall it self ? that they would dare to threaten you to your teeth as they do , with invasions , descents and rebellions , or would venture to correspond with france , and go forward and backward every day to king iames ; nay , raise regiments of horse and foot under your noses for a rebellion , if men of warmth and zeal were in the government ? but it is from hence that all these insolencies take their rise , that the enemies of the government are come from hating it , to despite it ; that its friends are discouraged to appear for it ; and that those officers and souldiers who in king charles's time would have broken the heads of those whom they heard reflect upon the king's person or government , will in this reign hear both treated very odly ; not that they want an affection to either , but out of a fear to offend by shewing themselves men of warmth , and party-men , those characters being so abominable to our court. tory. you whigs have been the occasion of all this too : for you were so irreconcileable to some ministers of state at the beginning of the revolution , because they had made a few slips in the last reigns ; or perhaps because they had hang'd some of your friends , a father , or brother , or so ; that you forc'd them to take in some persons which they themselves thought not very proper for this government : but if you will run a man down , he will support himself at any rate ; for men are but men : and withal i believe they hop'd that a place would buy any party out of their principles , and that all who they bought into the government , would be obliged by that means to be for the government . whig . this is very far fetch'd , mr. tory , tho it is not the first time i have heard it . but as to the first part of this paragraph , the matter of fact is false : the whigs were willing to forget all past miscarriages , and be reconciled to any minister that could be honest , as i shew'd you before . but these gentlemen quickly convinc'd all the world , that they were grown so old and stiff in their former mischiefs , that they were capable of no other ●end or impression , but what they had taken in the last reigns . and it was plain to every man that had eyes , that they were no sooner in the ministry , but they fell into their old schemes which no honest man could come into ; and which i am afraid the court hath not found the good effects from , which these evil counsellors promis'd . it 's true , by giving places to all that were supple , and complying , you have brought in the knaves of all parties : but since that which brings them into the service of the government , is their own interest , and not that of the government ; it will be reasonable for our rulers to expect , that the whole design of such men , will be rather how to serve themselves of the government , than how to serve it . to conclude , sir , notwithstanding all you have said in excuse of your ministers and their methods , i cannot but remain in my first opinion , that the men of easy phlegme , born on the confines of indifference , as sir , samuel tuke in f — ch-like fustian describes our luke-warm neutrals , are not fit men to be employ'd in our government , as the case stands at present , but will prove as destructive to it as downright iacobites . tory. all this is taking things for granted which we deny ; and accusing men of what you do not prove ; and if it were so , you confess there are knaves of your party too . whig . the truth of what i say in relation to your party , is so notorious to all the world , that it would be as impertinent to go about proving it , as to prove there is a sun ; even you your selves have confess'd , and pretended to repent of your principles and practices in king iames's time , tho you are now return'd to your vomit . and as to what you say of our having knaves amongst us , i must confess it too true ; and am as much afflicted as you can be , that any whig should invade your undoubted and sole right of being knaves , and selling and betraying their fellow-subjects : but yet we hope we may claim a distinction to be made , betwixt our party , who not only profess , but have maintain'd to the death , the religion , rights and liberties of their country ; and yours , who in king charles's and beginning of king iames's reign gave up all these things ; and who , though you are employ'd in , and sworn to the present government , make publick rejoicings at the slaughter of our armies , and destruction of our fleets . if the whigs have the misfortune of some knaves professing themselves of their party : our saviour himself had a iudas amongst his twelve , and yet that did not at all discredit the doctrine and principles of the apostles ; not does our having some knaves among us , make it as reasonable and equal to adhere to your party , that are the professed enemies of their king and country , as to depend on those who have generally in all times , and on all occasions declar'd their affection to their country , love of its laws and religion , and have since the revolution shewed their zeal for the present establishment . tory. just now you seem'd to agree to a comprehension , and were for welcoming the prodigals as you call'd them ; now you are for excluding them again . whig . no , i am for receiving any tory , as i told you , that seeks the government , and becomes a true penitent : but i would not have the government seek them ; nor would i have them entrusted in this critical time without some marks of their repentance and regeneracy ; and by our easiness give them the opportunity of selling us to the french king , or king iames , as i fear some of them do at this time . tory. all that 's malice and stuff , and not reasonably to be apprehended : and i tell you once more , it is the opinion of some wise men , that the king cannot follow a more fatal counsel than to confine himself to any one party of his subjects . whig . then your patrons have been advising him fatally these four years ; for they have been perswading the king to throw himself entirely into your hands . tory. they never refus'd to receive any whig , that would comply , and come under their protection ; but if the king will choose any one party , i think we of the church are the most numerous and considerable , and are fittest as such to be employ'd by him . whig . now you are retired into your sanctuary , the church , you think you are safe , and it is indeed dangerous pursuing you : but however i 'll venture it ; and since you force me , i must repeat again some of those arguments i have given you already , why you are not fit to be trusted by this government . first , you tories do not believe your selves king william's subjects , and therefore are very unfit to be employ'd by him as his servants . secondly , it cools the affections of the people , to see those employ'd in places of highest trust , who they have a demonstration are not for the government even when they are in it . and by this method it is plain the king ( according to the fable ) loses his shoulder of mutton , by catching at the shadow ; and by aiming at both parties , he hath neither . tory. i confess i am for the king 's relying on one party as much as you are ( tho not yours ; ) but however , there are great and wise men , as i told you , of another opinion ; and i have heard it ask'd , why this method of uniting all parties should not have as good an effect here as in holland , for there the prince of orange reconcil'd all to the common interest ? whig . i 'll tell you why ; first , it appears all parties there sincerely intended the good of the government ; which , it is too plain , is not your case . secondly , neither party had any other head to repair to , as you tories have ; the prince of orange had no pretending rival to the right of statholder : but the king hath here a rival , a father-in-law , who pretends a right to the crown , who is supported by the greatest power that ever was known in europe , so as to make the event appear doubtful , even to those who are most zealous for this government : and by this means the friends of king iames are encouraged to be firm to his interests , and neutrals ; nay , and even his fearful enemies are frighted from acting with a zeal against him . is this a time then to be trying experiments , to put our selves and affairs into the hands of men bred up , and principled against the design of this government ? is this a time to reconcile our selves to our enemies , and to take men out of plots , and place them in our cabinet ? no sure , with my lord n — 's leave , this is not the time . in this time of danger , those who have been the antient and declar'd enemies of king iames , and who have most reason to expect being hang'd if he return , are most fit for the king to rely on . but when these difficulties are master'd , as much comprehension as you please . in the mean time your education in toryism , your obligations to king iames , and , which is more than both , your present hopes from him , will make you so averse to this government , that no favour , no courtship can engage your heartily in its interests ; and it is nonsense to expect you should fight for a title you have always declar'd to disapprove of . tory. you are always harping upon that string : but supposing we do not approve of the making him king , yet we know how to obey kings when they are made : but you , after you have made a king , are using him like your creature ; clipping his power , and ● finding fault with his conduct . for my part , if i were a king ▪ would sooner forgive a man that dislik'd my title , than one who dislik'd my conduct . whig . why , then mr. tory , you would be none of the wisest princes ▪ for he who finds fault with your conduct , may be your friend ; but he who finds fault with your title , must be your enemy , or else a knave , and acts against his conscience . but how does this article appear of the whigs being dissatisfied with the king's conduct in any point , but in his employing you , and the consequences of it ? is it from giving chearfully whatever sums were demanded in parliament ; is it being ready to advance money upon the most remote funds , in offering their persons to the publick service in all times of danger , notwithstanding all brow-beatings , and discouragements ; by breaking all measures with king iames and his party , that they discover their dislikes , and dissatisfactions to the king , or his government ? but if they disapprove that the friends of king iames should be king william's ministers , that those should be plac'd in all offices who hate him and betray him , will he have reason to take their dislike of this part of his conduct so very unkindly from them , as to forgive it less than your renouncing his right and title to the crown ? but your tories have got a trick of bringing kings into your quarrels , ( as the priests do god almighty into theirs ) and by placing them before you , hope to make your selves safe , not caring how much you expose them ; and you impudently place your own crimes unfairly upon others : and whilst you your selves are daily libelling and lampooning the king's person and conduct most maliciously , and triumphing in all his misfortunes ingratefully , ( witness the publick insolencies at the bath , and windsor , upon the late defeat in flanders ) you , according to your wonted modesty , charge the whigs with your own faults ; and avoid being criminals , by turning accusers . tory. i know not what some hot-headed drunken men may have said and done at the bath , or elsewhere ; but this i know , that a whole party ought not to share the miscarriages of some few particular men. whig . you are in the right if that were the case ; but it is undeniable , that this insolence is universal , and even amongst those of you employ'd and paid by the government . tory. this is a sore place i find you are ever complaining of . but why are you angry with us for being in places ? did we seek them ? were we not sought , courted , intreated to accept of employments ? and since you provoke me , i 'll tell you the reason ; the king found none of you whigs capable of , or fit for business ; he saw you too of a sowre , morose temper , jealous of prerogative , affecting popularity , childishly fond of trifles , and tenacious of lawless liberty ; whilst we are frank , and easy in all these matters , and know the respect that is due to crown'd heads . whig . that is , when they are rightful ! tory. come , you will make no prince have the worse opinion of us for that ; the right line , passive obedience , and non-resistance , prerogative , &c. will always sound well in every king's ear. and when he considers us enemies to his title only out of a principle of loyalty , he will have reason rather to accuse his own misfortune , than our vertue ; we plainly and honestly told him our principles , that we believ'd him a king de facto only ; and our honour in this point made him rely upon our honour in others . whig . let us examine then how honourably , how gratefully you have behav'd your selves to a king who hath relied on you , and oblig'd you so extreamly . we will pass by those who refuse to swear allegiance to him upon the above-mentioned honourable pretences , and only mention those who have accepted employments of profit and trust. have not even those in the government both in england and scotland , been plotting the dethroning this king , who hath trusted them so generously , and courted them so kindly ? particularly , did not one of your party at the beginning of this government , give notice to the king's enemies of warrants against them , in order to their making their escape , and was discharg'd his employment upon it ? did not a brother of a certain secretary , give out blank passes under the hand and seal of that secretary , by which a correspondence was carried on betwixt this place and france securely ? and was not this gentleman upon this account laid aside gently and privately , and this matter huddled up for fear of any reflection upon our monarchical favourites , and put upon the publick as passes forg'd , ( as indeed they were by our own officers ) and a lame proclamation put out with rewards to the discoverer , but without a pardon for life , when they knew the whole matter before-hand ? h●ve not some women lately been taken going to france ( with letters to king iames ) with a scotish secretrary's pass , under his hand and seal ? was not an officer of the post-office lately found corresponding with france , and without any other punishment for his capital crime , laid aside gently and privately ? the story of capt. iohn layton , late commander of the st. albans , and which hath been told in the house of commons , will shew you how faithfully you tories serve the government , and how fit you are to be trusted . captain layton being ordered to cruise twenty leagues off vshant , by a storm of wind was driven to cape clear , where he met a french privateer , and took her : the captain of the privateer ask'd layton the name of his ship , which he told him ; upon this the privateer looking into his pocket-book , ask'd layton how he came there ; for by his intelligence the station of the st. albans was to be twenty leagues from vshant , and no further . and the like story is told of a transport-ship going to france with prisoners , some few months ago , who meeting with divers privateers , ask'd them how they durst be so bold as cruise there , when four english men of war were within six leagues of them ? they reply'd , they knew the station of those english , and that they could not come where they were a cruising but by breaking their orders . but the relation of the sailer who was taken , and for some time serv'd aboard an irish privateer , is yet more remarkable , for he deposeth , that they told him ( thee months before the streights fleet sailed from spithead ) both the time when they were to sail , the number of their convoy , and likewise that the main fleet was to go no further than beyond vshant . now how they could come by this intelligence , but from officers imploy'd by and sworn to the government , i know not ; and if so , how faithfully and honourably you tories serve those who trust you , and how fit you are to be employ'd in this critical time , i appeal to all the world. tory. these are malicious stories ; and if strictly enquired into , will prove false i dare say . whig . whenever there is a committee of indifferent men ordered to take the examination , i am inform'd all this will be proved , and much more ; and how reasonable it is to expect this and any other treachery from you , will appear probable to those who see you in all offices daily and publickly drinking king iames's health : who see one clerk going to a non-swearing doctor , to take advice , whether he may serve the government as a writing clerk without damnation to his soul ? yes , replies the doctor , for thereby you keep out an ill man , and may serve your rightful king upon occasion . to see another clerk valuing himself to his companions , that his place , thank god , does not oblige him to take the oaths to the government . to see officers of the greatest trust in the admiralty in clubs twice a week with mr. p — ps , mr. ew — rs , and other known iacobites , and from saturday to monday constantly living with them night and day . tory. i know who you mean , one of them is a nephew to one of the gentlemen , and expects l. from him ; and would you have him renounce such an expectance in consideration of your place ? whig . no , but i would have the government renounce such an officer , that had such an expectation from such an unkle . tory. but where could you get such able officers if these were discharged ? whig . as the case stands , one honest man will be of more service than ten such able men ; the forms of business will be quickly learned ; and want of experience will be less fatal to us , than want of fidelity . most of the under-places require a very indifferent understanding , and little experience to carry the business on : and if you ascend to the ministry , i cannot help thinking my lords sh — y , or sir i. tr — d as able secretaries as the e. of n. and mr. r — ll as able an admiral as mr. k. &c . what is it your able men have done for us , pray , this four years ? was ever any government in so promising a condition , as ours was at the time of the revolution ? were we not the hopes of all our allies , and the terror of our enemies ? and is not the case alter'd with us ? i fear it is : to be plain , a ministry from wapping could not have made worse work on 't than yours have done . ministers who know not so much as what money their affairs will require , but ask the parliament too little , and manage it so as to make it less . that want intelligence so much , that matters of the greatest consequence have been publick in every coffee-house three days before it comes to the secretary's office ; particularly the loss of our merchants fleet , and beating our army in flanders : as if ( as one said ) secretaries , like cuckolds , were to know their dishonour and misfortunes last . then the return of our fleets for want of provisions , laying out money in false expeditions , and wanting it thereby in true necessities ; imperfect orders , from whence proceeds imperfect execution ; and besides they prove an excuse to officers even in the most fatal miscarriages : with a thousand more mismanagements and treacheries from the top to the bottom of the ministry , too tedious to relate here . tory. and do you think the government would be better serv'd at this time by novices , and strangers to business ? whig . i have answer'd you that before ; i think it would be much better serv'd by ignorant friends , than understanding enemies : tho i am far ( at the same time ) from granting you that point , for i am sure there are more men of sense and capacity found amongst the whigs , than amongst the tories : and that experience is not of such mighty consequence as you would infer , will appear , if you will please to call to mind the men employ'd in publick affairs by cromwel : was ever government better serv'd than his ? and yet he chose men of the most private condition , and one would have thought most unqualified for publick business , taylors , draymen , broken shop-keepers , raw scholars , and some few of the midling gentry . but being careful to choose men principled against the government of king charles , and zealous for the interest of the government then on foot ; they did wonders , supported their friends , and were aweful to their enemies ; and this with all the nobility , gentry and clergy , both church of england and presbyterian , in perpetual combinations and conspiracies against them at home , and a war in ireland , scotland , holland , and spain too , upon their hands . and you have an instance of it in this government , in the person of one of the secretaries of scotland , who ( tho bred in a very private way ) hath shewed himself a most successful statesman , and of great consequence to the welfare of the king's affairs in that country , and this meerly from his incorruptible honesty , zeal and integrity to the present government , without experience , or great insight into business . tory. i must grant there is something in what you say , union and integrity will do great matters : but you whigs cannot pretend to this , for you are not two of you in the same mind ; you have no government , no discipline in your party , no firmness to one another , or to any point : your great p. f — turns cadet , and carries arms under the general of the west-saxons ; the two h — s are engineers under the late lieutenant of the ordnance , and bomb any bill , which he hath once resolv'd to reduce to ashes , though it were for recognition , or any thing else that is most necessary to our security : your iack s. and iack g. whenever they touch penny , will touch pot too , and drink all in the bowl , be it never so deep . and besides this , you are always laughing , despising , or railing at one another ; some of you are too wise , some of you too witty , and some of you too honest for the rest ; jealous and envious of one anothers favour and preferment ; every man thinking himself fittest to be at the head of affairs , and hating , and reflecting upon those who are so , and despising to be govern'd or directed by them . and at the same time those who are at the top , disdaining to look down upon those below them , tho they were the steps by which they did ascend ; they grow stately to their friends , and unmindful of their fortunes , impatient of addresses , hard of access , huddling into little cabals , where they are wise and witty among themselves : whilst we tories on the contrary , have but one heart , one voice , one purse and one interest ; excuse and justify one anothers faults , prefer the meanest fool or knave of our party ; and in return the underlings are every man in a perfect obedience to this superior , to vote , rail , write or talk according to direction , and not otherwise . whig . i owe there is too much truth in what you say , and you speak truth so seldom , that we ought to allow it you when you do : but i hope we have seen the error of our disunion , and shall amend it for the future : and however we may have had personal differences , and likewise may have been too much divided , and too obstinate in some opinions , yet still in all times , and under all discouragements , we have all agreed to the same end , ( viz. ) the publick good of our country , and the support of its laws and liberties ; and in this present reign have been and are unanimous against king iames and his interest , and have at all times with one consent own'd his present majesty , rightful and lawful , which i take to be the shibboleth , to distinguish those who are alone fit to serve this government . and till there be an act of recognition in force , i will be bold to say all the other steps of our ablest and honestest statesmen , will be upon boggy ground : nor can any man be reasonably employ'd in any office who hath not taken this test ; for whoever thinks king william not rightful , must think king iames is so ; and the same conscience which leads them to believe him rightful , will incline them to assist that right when they have opportunity : ( but to return to the point of your charge ) we must confess likewise that we have not been so much under the government of our superiours as you are , nor so industrious in supporting each others private and particular interests . but to the first i might answer , that fools and beggars are more easily led by the nose than men of sense and estates : and as to the latter , i must put you in mind , that the societies of ignatius and of newgate , are both of them as much united as you , in universal mischief ; for roguery makes a stronger glew and cement , than vertue , because there are more men capable of the former than of the latter . and tho it were to be wish'd , that the whigs were more friendly , and had more concern for the support of one another in all their honest pretences ; yet god forbid there should ever be such a friendship and partiality amongst them , as to condemn and disgrace those who gain victories , because they are not of their party , and to support and defend those who have lost the ships , trade and honour of the nation , because they are their creatures . but on the other side , where it is without offence to justice , and the publick interest , all unanimity and friendship is to be admir'd , prais'd , and pray'd for ; and i hope you will find it amongst us for the future , till it becomes the subject of your envy , instead of being an occasion of reproach . to put an end to this argument ; 't is plain with all your friendships , and union , and other politicks , you have brought the nation , and all its allies , to the lowest condition both in power and reputation . you have almost put it out of the skill of any conduct to recover us ; and whoever now takes the administration of affairs upon them , will be apply'd to the government , like pigeons to the feet of dying men. but however , to those who are true lovers of their country , no time seems too late to attempt its relief , no difficulty so great as to discourage them from endeavouring it ; and tho as the case stands , it is more than probable , we may miscarry under the best conduct , yet it is undeniable we must miscarry under yours . and so i take my leave . finis . notes, typically marginal, from the original text notes for div a -e * otherwise k. i. would have a fairer pretence , than i hope we shall ever allow him . notes for div a -e * the first instance i have met of their modesty . * a college of jesuits in that place . * a fine character for an english king. * a new distinction our statesmen have lately found out . die lunæ, . ianuar. [i.e. ]. it is this day ordered upon the question, by the commons house of parliament; that if any persons whatsoever, shall come to the lodgings of any member of this house ... england and wales. parliament. house of commons. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing e ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) die lunæ, . ianuar. [i.e. ]. it is this day ordered upon the question, by the commons house of parliament; that if any persons whatsoever, shall come to the lodgings of any member of this house ... england and wales. parliament. house of commons. sheet ([ ] p.). printed for tho. bates in the old bailie., [london] : [i.e. ] title from caption and first lines of text. reproduction of original in the henry e. huntington library. eng england and wales. -- parliament. -- house of commons. legislative bodies -- privileges and immunities -- early works to . great britain -- politics and government -- - . great britain -- history -- civil war, - . broadsides -- england -- th century. a r (wing e ). civilwar no die lunæ, . ianuar. . it is this day ordered upon the question, by the commons house of parliament; that if any persons whatsoever, sha england and wales. parliament. house of commons a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion blazon or coat of arms blazon or coat of arms blazon or coat of arms die lunae , . ianuar. . it is this day ordered upon the question , by the commons house of parliament ; that if any persons whatsoever , shall come to the lodgings of any member of this house , and there doe offer to seale the trunks , doores or papers of any members of this house , or to seize upon their persons ; that then such members shall require the aid of the constable to keep such persons in safe custody , till this house do give further order . and this house doth further declare , that if any person whatsoever shall offer to arrest or detain the person of any member of this house , without first acquainting this house therewith , and receiving further order from this house : that it is lawful for such member , or any person , to assist him , and to stand upon his , and their guard of defence , and to make resistance , according to the protestation taken to defend the priviledges of parliament . h. elsynge cl. par. d. com. printed for tho. bates in the old bailie . . the happy future state of england, or, a discourse by way of a letter to the late earl of anglesey vindicating him from the reflections of an affidavit published by the house of commons, ao. , by occasion whereof observations are made concerning infamous witnesses : the said discourse likewise contains various political remarks and calculations referring to many parts of christendom, with observations of the number of the people of england, and of its growth in populousness and trade, the vanity of the late fears and jealousies being shewn, the author doth on the grounds of nature predict the happy future state of the realm : at the end of the discourse there is a casuistical discussion of the obligation to the king, his heirs and successors, wherein many of the moral offices of absolution and unconditional loyalty are asserted : before the discourse is a large preface, giving an account of the whole work, with an index of the principal matters : also, the obligation resulting from the oath of supremacy to assist and defend the preheminence or prerogative of the dispensative power belonging to the king ... pett, peter, sir, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing p estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the happy future state of england, or, a discourse by way of a letter to the late earl of anglesey vindicating him from the reflections of an affidavit published by the house of commons, ao. , by occasion whereof observations are made concerning infamous witnesses : the said discourse likewise contains various political remarks and calculations referring to many parts of christendom, with observations of the number of the people of england, and of its growth in populousness and trade, the vanity of the late fears and jealousies being shewn, the author doth on the grounds of nature predict the happy future state of the realm : at the end of the discourse there is a casuistical discussion of the obligation to the king, his heirs and successors, wherein many of the moral offices of absolution and unconditional loyalty are asserted : before the discourse is a large preface, giving an account of the whole work, with an index of the principal matters : also, the obligation resulting from the oath of supremacy to assist and defend the preheminence or prerogative of the dispensative power belonging to the king ... pett, peter, sir, - . [ ], , [ ], - , [ ] p. [s.n.], london printed : mdclxxxviii [ ] dedication signed: p.p. [i.e. peter pett] "the obligation resulting from the oath of supremacy": [ ], - p. at end. imperfect: print show-through with slight loss of print. errata: [ ] p. at end. reproduction of original in the harvard university library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng anglesey, arthur annesley, -- earl of, - . great britain -- politics and government -- - . great britain -- church history -- th century. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion the happy future state of england : or , a discourse by way of letter to the late earl of anglesey , vindicating him from the reflections of an affidavit published by the house of commons , ao . . by occasion whereof observations are made concerning infamous witnesses . the said discourse likewise contains various political remarks and calculations referring to many parts of christendom ; with observations of the number of the people of england , and of its growth in populousness and trade . the vanity of the late fears and iealousies being shewn , the author doth on grounds of nature predict the happy future state of the realm . at the end of the discourse , there is a casuistical discussion of the obligation of the king , his heirs and successors , wherein many of the moral offices of absolute and vnconditional loyalty are asserted . before the discourse , is a large preface , giving an account of the whole work , with an index of the principal matters . also , the obligation resulting from the oath of supremacy to assist and defend the preheminence or prerogative of the dispensative power belonging to the king , his heirs and successors . in the asserting of that power , various historical passages occurring in the vsurpation after the year . are mentioned , and an account is given of the progress of the power of dispensing , as to acts of parliament about religion since the reformation , and of diverse judgments of parliaments , declaring their approbation of the exercise of such power , and particularly in what concerns punishment by disability or incapacity . london , printed mdclxxxviii . to the right honorable the earl of sunderland , lord president of his majesty's most honorable privy-council , and principal secretary of state , and knight of the most noble order of the garter . my lord , for one who is sensible how little he knows of things past or present , to dedicate a discourse of the future state of his country to your lordship , who are by the age allow'd to be as critical a iudge of men and things as any it affords , may seem to have in it somewhat of presumption . but when your lordship shall have had leisure to consider the plain grounds of nature , on which my prediction in the following papers hath gone , i will not so much hope that what i have attempted may appear to have been no presuming , as i will expect that your censure will cast the presumption on the other side , namely , on such who were predictors with a continuando , of the unhappy state of their country ; and especially on the account of the religion of our most gracious prince . and were i now to have my iudgment tryed only by that of the mobile , who measure all things by the events , i account i should be out of the gunshot of censure , since the course of providence after my writing of the following work having conducted his majesty to fill the throne of his ancestors with so many royal virtues , it has been conspicuous to them that the glories of his reign have transcended the highest flights of my mentioned expectation . and indeed , as i remember to have long ago heard one of the fathers cited for a passage to this purpose , namely , that on a supposal that god recounting to him the perfections of the creation , should ask him what he could name wanting , and that he could wish , he would answer , unum laudatorem , domine , so it might till of late be said that in this new creation or restoration of england under his majesty's reign , the only thing we had with anxiety to wish and desire from god next to the ennabling us to praise his divine goodness , was one whose talent of noble thoughts and words might be adequate to the celebrating the many talents of our prince , and their successful improvement both for the honour and security , and ease of his people . but neither is such one praiser now wanting ; for he who shall read the many late loyal addresses from all parts of the kingdom , will find the people of england to be the unus laudator . my lord , as i in the following discourse almost wholly printed long ago in the last reign during the freedom of the press , adventured on grounds of nature to predict such a growth of loyalty , as would make all england become one sober party of mankind , and that the more ingenious sort of iesuits would by natural instinct throw off those principles condemned in this pope's decree ; and with iustice then acknowledged a sober party in that order , and have at large in p. . particularly shew'd my abhorrence of charging the belief or practice of those principles on all persons in that order : so i have likewise in p. . given my iudgment that all seditious principles own'd by any who call'd themselves protestants must naturally decay , and have at large in my preface ▪ opposed my measures of futurity to those of a late father of the church of england concerning the two plots , that he thought the papists and dissenters would be ever carrying on , and without his lordships excepting the loyal in those religionary parties . but having said this , i must likewise say that these happy births of fate , having been but ( as it were ) the births of a day under the powerful influences of his majesty's government , or ( as i may say ) a nation 's being thus born in a day , are beyond what i did expect : and i did little think that with the suddenness of the motion of lightning when it melts the sword and spares the scabbard , his majesty's declaration of indulgence to dissenters , would at the same time melt so many hearts , and all hostile principles of the doctrine of resistance wrapp'd therein , as it spared the persons of the deluded opiners . i account that any indifferent observer of the extraordinary sweetness of the way of painting their loyalty in their addresses ( and which resembleth the way of corregio , and is as excellent in its kind as that of the sons of the church of england after the way of the bolder touches of titian in their former addresses , with the style of lives and fortunes was in its ) must be very hard-hearted if he likewise be not melted into a new kind of compassion toward such his brethren ; and into a noble sense of a great and good prince , having made his subjects of all religionary perswasions lachrymists for joy , and turned all their hearts to invoke heaven in wishing for him according to that old style , a long life , a secure kingdom , a safe house , valiant armies , a faithful senate , loyal subjects , the world at peace , &c. the comparatively narrow idea's of charity and beneficence that subjects minds are capable of toward one another do incline them to think chiefly of particular toleration , and such as we call dispensation , and that too with the nicety of caution , and upon persons making the notification of their principles , and their particular disclaiming of all disloyal ones , previous to their toleration ; and beyond this pitch the flights of my poor thoughts have not gone in the following work. but his majesty having his great thoughts intent on restoring england to its ancient figure in the world , namely of balancing it , and coming to the throne when he found the land so impoverish'd ●y the witnesses plot , and the spirits of the inhabitants so much intimidated with fears and iealousies , he by his own noble iealousie for the honour of the nation hath chased away all ignoble iealousies for ever , and by shewing so great an example of universal confidence in his people , hath by his augus● genius found out so expedite a way to make the confidence between the prince and people mutual ( and which is the hinge on which the happy state of any country turns ) as hath made any general relapses into principles of disloyalty during his reign , almost morally impossible . for according to that saying of tully , perditissimi est hominis eum laedere qui laesus non esset , nisi ●redidisset , and the common notion that next to the being perfectly good , it is the most difficult thing to bring humane nature to be perfectly bad , we may well exp●ct a general growth of loyalty from the effects of that great confidence , and the great spectacle it affords the world , that may be partly expressed in the words of the prophet , viz. the heart of the father's being turned to the children , and the natural consequence of the turning the heart of the children to their father ; a more noble work then for an elias to come and solve doubts . and thus while the principles of some narrow-hearted divines might seem confined , like the sands in their hour-glasses , yet his majesty's great thoughts and largeness of heart given him by god , being ( as was said of solomon's ) like the sands of the sea shoar , and he having without setting up weigh-houses for loyalty or religionary principles , created universal charity and peace in the nation , and allow'd his subjects a paulò majora canamus then verbal recantations , he by thus trusting his subjects at once with their consciences , hath provided an otherguess prospect for english minds , then what can rise from disputacity , or the ecclesiarum scabies , and hath likewise secured the transmitting of his character into the english chronicles with such rays of glory as are brighter then those that have there adorn'd our former princes , under whom the roses , and scepters and kingdoms were united , through his having so much united the hearts of people of all religions to himself , and to one another . my lord , it is here but just that i should acknowledge it to your lordship that you have been and are pars magna in so highly contributing by your great figure at the helm in the last and this present reign , to this happy state of england . for while in that reign so many were so intent by what an ingenious late writer calls the wheel within a wheel , i. e. the real plot within the nominal one of the witnesses ; and by out-cries against the church of rome to bring in a roman republick , your lordship by your most wise councels and indefatigable diligence in guarding the monarchy , and effecting that it should not be plotted away by names or things , will appear in the history of the age , as one who perhaps beyond any one now a subject secured the old fundamental government of england , and upon which only the new future happiness of it could subsist . i have entertain'd the reader with a new argument of republicks generally growing more impracticable : but i shall do but justice to your lordship in representing your very character as an argument of sufficient weight to poise the minds of the ingenious and the ingenuous against innovations by that sort of government . for the world would soon want the benefit of the example of the perfect justice inherent in your nature ( that glorious virtue that is the allow'd continent of all the rest , and necessarily attracting the eyes and hearts and veneration of the populace ) if heaven had not fix'd you in the sphere of monarchy ; a dull mediocrity of vertue and of wit and reason being only easie to a popular government , and nothing but an oyster-shell or an olive-leaf being to be there expected by a person heroically just to his country as his recompence , and his being always liable to such liberae accusationes & calumniationes as were under what i have call'd the martyrocracy here in the turbid interval of the plot-times , and of the fears and iealousies . your lordship was then by the help of your great vnderstanding and excellent temper , and your constant serenity of thought , saevis tranquillus in undis ; and while so many of the timid were with their narrow spirits in that stormy conjuncture , toss'd about with excessive fears and iealousies , and nauseous to themselves and others , your lordships great thoughts like a well built first rate-ship , allow'd you both ease and triumph on the sea of time : and in the night of the popular fears , your great reason was directive to the loyal tanquam lucerna in navi praetoriâ how and where to steer their course with safety to the publick . while toward the end of the following discourse , i recollected how much and how far my belief had been with that of many loyal embarqued in the belief of a plot or the plot , i there in p. , and . took notice that the notions that men had of a plot were very various : some then were so far gone in credulity , as like the fool that solomon saith believeth every word , they were resolv'd to believe every thing the witnesses had said or would say , the loyal generally acquiesced in the notification of it as publish'd by the government ; and i likewise call'd to mind what i had during my belief of somewhat of it mention'd in those hot times , and while . i was writing the warmest part of my discourse in that conjuncture , and when generally every heat of mens passions was feverish , and every fever pestilential , and when the vitium temporis was concurrent with the faults of the writer : and there in p. . observing , that since according to the expression of god's not being the god of the jews only , but also of the gentiles , so it being true that the king is king of the papists as well as protestants , king of the irish as well as english , and a common father to them all , it may be worthy of his royal goodness , and a god-like thing in him to distribute to them all the kindness that would not undo themselves and others , ( i. e. that they were capable of ) and having then in p. . urged the possibility of recusants being a sound part of the state here as well as in holland , i held my self obliged to do them and the course of my impartial observing , the right as toward the end of the discourse to mention it , that whatever petulance some of them were formerly guilty of , yet that the deportment of the generality of them hath of late appear'd with such a face of loyalty , as was necessarily attractive of our christian love and compassion . and i concluded with the observation , that it was not for nothing , nor without some end that divine providence permitted so many protestants to erre in one great point ; and that probably it might be to the end to produce in their minds so great a degree of compassion and charity toward the persons of all roman-catholick christians , as may not only last in this conjuncture , but be operative in them by all moral offices of humanity and christianity during their lives . but the course of providence having further honoured his majesty's government by bringing to light in it the truth about those odious matters that particular roman-catholicks were charged with , ( and for which in the general iudgment of the impartial they appear now to have been put to death by false testimony ) the cry of such blood may well ( i think ) pass for a loud call against making the body of the roman-catholicks uneasie by the penal laws , and while the reason for their severity hath so apparently ceased . as toward the latter end of the preface which was committed to writing in the latter end of the last reign , i mention'd it as the concordant vogue of the populace to throw off the belief of the only person referr'd to as a witness in the following discourse , so it must be acknowledged that time hath by its births of discovery , now given a just occasion for the laying aside all the aggravations there against any principles in the canon-law , or the casuistical morals of the iesuits , that my self and others then built on the fate of godfrey : and hath a●cording to what i have predicted concerning the fate of the principles of the iesuites condemned by this pope , tacitly evaporating by fear and shame , made them appear obsolete . and it is one of the glories of his majesty's reign , that all those principles in terrorem , which gave occasion formerly for the continuance of the laws in terrorem , do now appear offer'd up as sacrifices to the iustice of it . and tho from the account i found in the policy of the clergy of france of the fact of some of the iesuits having opposed the publication of that decree in france , as having issued from the pope in his court of inquisition , i took occasion to dilate on the aggravations of their disobedience to the pope , yet upon my having since enquired into the transactions of the papal world , i have found cause to absolve them from any censure of that kind . and accordingly as the ingenious dr. donne in his pseudo-martyr saith , that chrysostom expounding that place in jeremy , domus dei facta est spelunca hyaenae , applies it to the priests of the iews as hardest to be converted , and saith , that the hyaena having ( as chrysostom observes ) but one back-bone , cannot turn except it turn all at once , so that the romanist priests having but one back-bone , the pope , cannot turn but all at once when he turns ; it must be acknowledged that the pope having by that his noble decree done so much right to his own honour , and that of his church ( and indeed of humane nature ) as to damn those tenets , the aversion of the whole order of the iesuites from them was necessarily and naturally to happen . and from the doctor in that book applying further to the iesuites , saying , christ said to those whom he sent , what i tell you in darkness , that speak you in light , and what you hear in the ear , that preach you in houses , and fear not them that kill the body ; and if no other thing were told you in darkness , and whispered in your ears at your missions hither then that which our saviour delivered to them , you might be as confident in your publick preaching , and have as much comfort of martyrdom , if you died for executing such a commission , and then reflecting on the instructions that were delivered them in darkness in that conjuncture , for the promoting those papal vsurpations on the regal rights , whereby they were delivered from all subjection to the king ; it may be here occasionally observed that many persons of our several religionary perswasions having for curiosity gone to hear the publick preaching of these missionaries , have there met with such ingenuous explications of the moral offices that concern the most vital parts of religion , and those so pathetically applied , as that they have looked on such men who were formerly dead in law , to be as it were sent from the dead to make others better christians and better subjects , and to be thankful for the dispensative power animating those for that purpose , and have found no cause to fear that they had any politick whispers in their missions to oppose the power of our monarch more then their brethren do that of the great neighbouring one , and to whom in the litis-pendentia between him and the pope about the regale , they adhered . my lord , as to what i adventured to predict of the success of his majesties political measures , his past prudence so eminently appearing in the series of his great actions might sufficiently encourage me without any help from enthusiasme ; for nullum numen abest , si sit prudentia . and the supposal about his coming to the throne in great maturity of years , a thing that the prudence of the romans had strict regard to in the age of their consuls ( and for which office none was qualified under the age of years ) and his bringing to the throne a vast treasure of knowledge and experience refin'd and solid by many experiments of providence on himself , according to the divine words of seneca de provid . deus quos amat , indurat , recognoscit , exercet , might well raise the highest expectation of his conduct . but yet neither was i without some regard therein to the common course of divine providence , even in this life rewarding in any illustrious person a signal tenderness for religion , and inquisitiveness in any controverted point about it , and at last contrary to the most valuable secular interest determining his thoughts one way tho perhaps erroneously ; and i will venture to conclude that if it had imported the salvation of such an exemplary inquisitive honourer of god ( and who with great holy exercise had defecated his thoughts from settlement on any local religion , as such ) to have found out the truth in that problematick point , god would have honoured him so far as to have sent an angel to direct him to it : and will expect that such a one whose delight was in the law of the lord and therein did meditate day and night , tho he perhaps comprehended not every thing aright in it , yet that he shall be like a tree planted by the rivers of water , that brings forth his fruit in his season , and that his leaf shall not wither , and that whatever he doth shall prosper : and that his ways thus , pleasing god , he will make even his enemies to be at peace with him , and that he who makes peace in his high places , and who can make peace between high and low , and makes men to be of one mind in an house , will bless him with these effects , and make him grow in favour with god and man. my lord , i shall in the next place take occasion to acquaint your lordship that in the preface ( and which every candid reader of any book will peruse before his reading of the book ) i do explain my self more clearly about some things and words writt in the turbid times , and which as one saith well , are the worst times to write in tho the best to write of : and i do not fear the wanting any mans pardon who shall read over the whole , and which may well be expected before the allowance of his exceptions , tho it may seem as copious as one of the bankers bills in chancery . but because the former part of the discourse necessarily requiring those courser colours relating to popery to be first laid on , before the fin●r ones and the gilding on the happy future state of our country ; and for that to trouble any ingenious men now with notions of popery were to hinder their repose in the state i foretold , i have been at the pains of making a large index , and where i have directed the reader how and where to enter into the new heaven and new earth of his country , without passing through the purgatory of any expressions about popery or the plot : and perhaps the more loyal and ingenious recusants whether roman-catholick or protestants there taking notice of some grateful passages relating to some who were formerly of their perswasions being placed near others that are less so , may be the more pleased therewith , accordingly as my lord bacon observes , that a rose set by garlick is the sweeter . heaven having furnished your lordships mind with so many excellencies that are extraordinary , i could wish that it had been my ability or fortune to have here provided for your entertainment somewhat of value that was not vulgar . but my essaying , or offering here and there at some matter of thought which by receiving its form from your lordships great reason , and particularly in p. . and the following ones in my making it a fundamental principle for the quiet of the world , that men are neither to get nor lose by religion , and my distinguishing in mens hypotheses between their principles denominable as religionary , and such complicated therewith that are not so , and my having judged that none ought to be severe to any recusant before he hath a moral certainty of such person having imbibed any of the principles imputable to recusancy that are irreligionary and unnatural , and my defiance of the petulance of the faction by my placing lawrels on those heads at which it was throwing dirt , and my shewing how not only christians of the roman-catholick church in its great spreading latitude , but even those of the more particular church of rome , and reverers of the diocess or court of rome , are under no obligation by the lateran councel to be either persecutors or disloyal , may shew somewhat of my honest well wishes in this kind . i am not so va●n as to think that any thing relating to numbers or political calculations in the discourse can appear new to your lordship , who are so great a master in that kind of knowledge , that the most curious of the age may therein beg instruction from you . but i shall here presume to acquaint your lordship , that i observing that many in the late conjuncture whom i looked on as honest , loyal , and learned and ingenious men , and some who had formerly a gusto for the real learning that refers to number , weight and measure , did render their conversation so uneasie by talking of nothing but popery , popery ( and which i looked on as unentertaining and nauseous as the porke , porke & porke ) i thought it might be publickly useful to lay open a new scene of thought before such persons by shewing them some calculations relating to the numbers of the people of england , founded on somewhat like records , and some to its gradual encrease in trade as well as populousness , and others relating to other parts of the world , whereby their souls having somewhat like a new intellectual world before them to expatiate in , might no longer be confined to a perplext word . yet moreover considering how lately it was that they came out of that conjuncture of panic fears , when so many who went to bed without their brains were afraid of rising without their heads , and that as our english world was emerging out of the late general deluge of fears and iealousies where omnia pontus erant , &c. the curious beheld the several births of mens reasons attended with imperfections like those of the animals referr'd to ; — & in his quaedam modo caepta per ipsum , nascendi spatium , quaedam imperfecta , suisque trunca vident humeris : & eodem corpore saepe altera pars vivit , rudis est pars altera tellus ; and thus saw the spectacles of mens various vnderstandings gradually creeping into sense and reason , and not suddenly likely to be perfected : i shew'd so much complaisance to them , as in stead of hastily removing their thoughts from the course soil of popery or the old papal vsurpations , to build my fabricks of numbers and calculations upon it : and i may say , that finding their vitiated fancies rellish'd nothing at that time grateful but the thoughts about popery , i then chose to make that the vehicle of the notions i meant as physick for their cure. according to the way of judging of the draught and proportion in perspective painting by their respect to the eye being directed to the center therein , any ordinary reader 's judgment will be carry'd by the index to find what was principally aim'd at in the following discourse , namely to incline him to preserve the haereditary monarchy . and he will there find that my next aim to that was in a great part of the work to dispose those who formerly had been diffident of their prince , to promote the public supplies for the necessary support of the government . and my judging that our most eminent patriots would be inclined to value themselves as such , on the promoting the same , may to some appear as the most sanguine part of my predictions . but as i leave it to any indifferent man to judge of the grounds of nature i went on in so doing , so i may some way support the credit of my measures of futurity in that affair by the past event of the loyal confidence in his majesty shewn by his late parliament in their proceeding so far as they did in supporting the government ; and may add that his majesty's vast expences that have been since so conspicuous to the world in his naval preparations , and otherwise in the providing for the security and honour of the nation , may well incline any one else to judge well of such patriotly temper of any future parliament , and to allow of the reasons by me urged as more cogent for the present reign then the former , considering the preparations of our neighbors that have been since augmented . yet however , i doubt not but that if it had been gods will further to have lengthen'd the last reign , the course of nature would then have operated as i have mention'd . and if it shall appear that those natural considerations ▪ i have urged shall have the success of such further parliamentary supplies to his gracious majesty , as may tend to the further greatning of his character and that of the kingdom , i shall account my claim the more equitable to have the pardon of my fellow subjects of what religionary sect soever for any thing in this discourse that may disgust them . and , as an eminent protestant divine hath in a printed sermon thus said , viz. that man is not worthy to breathe in so good a land as england is , who would not willingly lay down his life to cure the present divisions and distractions that are among us , i shall say that any subject deserves not to live here under the indulgence of so good a prince , who for the helping him to money by all due means for the defence of this good land , would not wish himself as well as his bigottry a sacrifice ; and who would not as to any extravagant dash of a pen lighting on his party , and bringing money to his prince , cry foelix peccatum , rather then such divisions and distractions and diffidences of the government , and stifling of publick supplies should still live as were formerly known in some conjunctures , and when the art of demagogues appear'd so spightful in endeavours to frustrate the meetings of parliaments . but our prince having freed all his dissenting subjects from their uneasiness under pecuniary mulcts for religion , and the members of the church of england from the uneasiness of imposing such soul-money , will , i doubt not , when he shall please to call a parliament , find from them such necessary supplies for the support of the body of the kingdom , as may ease him under the weight of his great desires for it : and that it will then appear to all as absurd to crown such a head with thorns as hath taken the thorn out of every man's foot in england : and that his pass'd sufferings for his conscience ( and others of his communion having too suffer'd for his conscience ) bespeaking us in those words of the apostle , fulfil ye my joy ; that both his and theirs will be then consummated , and as the ioy of those of the church of england , and of all nominal churches in england hath been fulfill'd by him : and that as luther was pleas'd in a christian-like transport of good nature to profess in his epistle to jeselius a iew , me propter unum judaeum crucifixum omnibus favere judaeis , we shall for the sake of one of the roman-catholick communion , who hath formerly suffer'd so much for his conscience , and since done so much for the freedom of ours , shew all those of that communion our favour to such a proportion as may compleat his and their ioy. my lord , i am here obliged to acknowledge , that tho while the several parts of the following work were written in the times the government charged both papists and anti-papists with disloyalty and plots , i express'd my sense of the non-advisableness to have the penal laws against them repeal'd , pending such charge and plots ; i desire the reader to look on me as very far from insisting on any thing of that nature in this happy state of england , now that the corner stone ( and that some of the builders rejected ) hath thus successfully united the sides of the fabrick of the government in loyalty . my lord , it is near a year since i writ my thoughts at large concerning the subject of the repealing those laws , and they are in the fourth part of my work about the dispensative power ( of which the two first parts conclude this volume ) ready for the press ; and reserving my poor iudgment in this great point till the publication of the whole , i think i shall then set forth my opinion as founded on medium's that have not appear'd in print from other writers , and which i believe will not only not give offence to any member of the church of england , but be of general use in allaying the ferment the question hath occasion'd . and if as they who were long fellow-passengers in a ship among violent tempests and hirricanes , do usually from their being participants together in the danger and horror , take occasion to raise a friendly esteem and well-wishes for each other , such of the loyal whose belief i referr'd to , as imbarqued with mine in that of the plot during the late stormy conjuncture , shall be the more favourable to what i write , i shall be glad both for their sakes as well as mine ; but do further judge that what i have so largely in the following discourse asserted ( and by reasons taken from nature ) concerning the moral impossibility of the belief of the tenets of the church of rome gaining ground here considerably , on the belief of the doctrine of the church of england , will tend to secure any one from fears of our losing our religion by any loss of the test that may happen : a thing that none ( i think ) will fear , who are of the iudgment of the house of commons in their address to the late king on the th of november , . ( that i have referr'd to in my fourth part ) and where they say , that popery hath rather gain'd then lost ground since the test act , and make that act to have had little effect . i have in the following discourse referr'd to that act as represented to have had its rice in the year . from the alledged petulant insolence of papists in that conjuncture , and i took notice of a learned lord since deceas'd as vouching somewhat in print of such temper among some of them . and a proclamation that year charging the papists therewith , i was implicitly guided thereby to take the thing for granted , and as to the which , considering since the publick passages in that conjuncture , i have otherwise judged . but as i think no loyal roman-catholick should in that conjuncture have suffer'd any prejudice for any ill behaviour of any other of that communion then , much less ought any such thing be now ; and when there appears so noble and general a spirit of emulation among all men of sense in the diffusive body of the people about who shall make the head and all members of that body most easie : and for the doing which we may well hope that the people representative , and the other estates of the realm will come with all due preparation of mind , when it shall please his gracious majesty to assemble them . my lord , i have nothing further to add but my begging your lordship's pardon for this trouble , and my owning the many obligations i am under to be , my lord , your lordship 's most obedient servant , p. p. the preface to the reader . the earl of anglesy having shewed me an affidavit and information against him , delivered at the barr of the house of commons , on the th of october . and printed by order of that house , and in which affidavit and information he was charged with endeavours to stifle some evidence of the popish plot , and to promote the belief of a presbyterian one , and with encouraging dugdale to recant what he had sworn , and promising to harbour him in his house , and that his lordships priest should there be his companion and likewise watch him , his lordship being thereupon desirous that right should be done him by a printed vindication , was pleased to command my pen therein : and i was the less unwilling to disobey his commands , because in that conjuncture wherein so many loyal and noble persons were sufferes by the humour of accusation then regnant , i held it a patriotly thing to withstand its arbitrariness . sir w. p. in an excellent manuscript of his , called , the political anatomy of ireland , hath one chapter there , of the government of ireland apparent or external , and the government internal : and he describes the apparent government there to be by the king and three estates , and with the conduct of courts of iustice , but makes the internal government there to depend much on the potent influence of the many secular priests and fryars on the numerous irish roman catholicks , and on those priests and fryars being governed by their bishops and superiors , and on the ministers of foreign states , governing and directing such superiors : and thus while england was blest with the best external government , namely of monarchy , and with the best monarch and a loyal nobility and commons , yet after the detection of a popish plot , several persons under the notion of witnesses about the same , made so great a figure in the government , and were so enthroned in the minds of the populace , that the office of the king's witnesses was as powerful as ever was that of the high constable of england , and the internal government of the kingdom was then very much as i may say a martyrocracy , and by that hard name the noisy part of protestants endeavoured to gain ground as much as ever any peaceable ones did by the old known name of martyrology . but as all external forms of government have some peculiar defects as well as conveniences , so did this internal government appear to have ; and those too so dreadful , that the air of testimony having sometimes got into the wrong place , was likely to have made earth-quakes in the external government : and as the militia that after the epoche of was called the parliaments army , did before the fatal time of , produce the revolution of the army's parliament , so were we endangered after the plot-epoche of , to have heard of the office of the king's witnesses changed into another , namely , of the witnesses kings . and whoever shall write the english history of that part of time wherein that martyrocracy was so powerful and domineering , will ( if he shall think fit to give a denomination to that interval of time , and to found the same on most of the narratives he shall read , or the sham-papers that many papists and protestants after the plot attaqued each other with , ) be thought not absurd , if he gives the old style of intervallum 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , incertum , or of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 fabulosum . it was in the time of the most triumphant state of this internal government , that i undertook to weigh its empire , as i have done in p. , , . discussing the points of infamous witnesses and their infamy , and of their credibility after pardon of perjury or crimes and infany incurred : and a bolder man than my self would hardly have dared in that conjuncture to have sifted their prerogative , and ( as i may say ) to have put hungry wolves into scales , and to have taken the dimensions of the paws of lions , or to have handled the stings of serpents , without expressing against some of the romanists principles he thought irreligionary , all the zeal he thought consistent with charity and candour to the persons of papists , which is so much done in the body of this discourse , and without the expressing of which my vindicating a noble person from being a papist , had been an absurdity . however i have been careful in any moot-points of witnesses , not to disturb in the least the measures of the external government about them ; and out of the tender regard due to the safety of monarchs from all subjects , have in p. asserted the obligation of doing every thing that is fairly to be done , to support the credits of witnesses produced in the case of treason , and have there given a particular reason for it : and have in p. . with a competent respect mentioned dugdale on the occasion of the shamm sworn against the earl of anglesy , as if his lordship had undertook to have unjustly patronized him : and have shewed my self inclined enough to belief credible witnesses , by the concurrence of my thoughts with the iustice of the nation in godfrey's case ; and the fate of which person , and the casuistical principles that allowed it , i had perhaps not mentioned , but out of a just indignation against the infamous shamms about it spread by some ill papists to the dishonour of that excellent lord the earl of danby . but there was another consideration that induced me to write with such a zeal as aforesaid , against such romanists principles and their effects ; and but for which the following discourse had not swollen to a large volume . i observed that since the late fermentation in england , such a panique fear of the growth of popery , and the numbers of papists had been by knaves propagated among fools that made the english nation appear somewhat ridiculous abroad , and that during its course many considerable protestants were so far mis-led , as to think the state of the nation could never be restored to it self , but by disturbing the succession of the crown in its lawful course of descent : and therefore resolving to do my utmost to free the land from the burthen of another guess perjury , by the general violence done to our oaths promissory ( i mean to those of allegiance and supremacy ) then that of any witnesses in their oaths assertory , i thought fit at large to shew the vanity of any mens fearing that popery can ever ( humanly speaking ) be the national religion of england ; and to direct them that they may not , by the imaginary danger of popery to come , run with all their swelling sails on the rock of it at present , by founding dominion in grace , and out-rage those oaths that do at present bind us without reserve to pay allegiance to the king's heirs after his demise . and for any one who being concerned to see so many of his country-men lying ( as it were ) on the ground , and dejected with unaccountable fears of the extermination of their religion and themselves , and besmearing themselves with the dreadful guilt of their great oaths , was resolved to endeavour to help them up , and by perswasion gently to lead them to such a high prospect of thought , from whence they might at once have a view of the past and present state of popery here and abroad in former ages , and likewise of its probable future one , ( a sight that might better entertain curiosity than what the traveller speaks of , when from a high mountain in the isthmus of america , he could view both the great north and south sea ) not to have rendered himself an acceptable perswader by his discourse carrying with it self-evidence that he was no papist , had been a vain attempt . and again for any one who would perswade the generality of popish or protestant recusants , that it is not their interest by any artifices to endeavour to make so great a figure in the internal part of the government as they have in some former conjunctures , without his discourse carrying likewise self-evidence , that his advice was that of a friend to their persons , as far as the publick security would admit , had been an attempt as insignificant as the former . i have in this discourse often took notice of this distinction of the tenets of popery and presbytery : viz. such of them that properly are denominable by religion , and such that are not : presuming in my private judgment to differ from the measures took by the government in king iames his time , when the printed prayers for the anniversary of the gun powder treason represented papists religion to be rebellion ; and i under the notion of principles denominable by religion have ranked transubstantiation , purgatory , invocation of saints , and others , and have judged none of their principles irreligionary , but such as the late learned earl of clarendon in his incomparable defence of dr. stilling fleet attributes to popery , as injurious to princes and their subjects and what king iames in his speech to both houses , hinted as such ( according to what is cited by me p. ) viz. as it is not impossible but many honest men seduced with some errors in popery may yet remain good and faithful subjects , so on the other hand●none that know and believe the grounds and school-conclusions of their doctrine , can ever prove good christians or faithful subjects : and such as are apparently contrary to the light and law of nature . but there is nothing in this discourse otherwise than en passant , that impugns or confutes the old religionary points controverted formerly between the church of england and that of rome , and all the passages throughout referring to those old points , might ( i believe ) be comprized together in about a page . and if i were as in a dictionary to express the sense of the words , popery and irreligionary so often used in this discourse , i would say that generally by poper● , or ( as the writers in latin call it , papismus ) i mean the power of the bishop of rome , in imposing c●eeds and doctrines and rules of divine worship on men , and his jurisdiction interloping in that of princes and their laws , and the doing this by the charter of ius divinum , and as he is christs pretended vicar ; and by the term of irreligionary of often by me applied to principles , i sometimes mean such as are barely not religionary , that is to say , principles that are not in truth and in the nature things , parts of religion , whatever any sanction of the papacy or a presbytery may term them , and which do not religare or bind the soul to god by moral obligations , nor by any band of loyalty to our prince or charity to our neighbour , but do only tie men to a party and to the owning with them several points of speculation , and no more necessary to be believed in order to our improvement in moral offices that the divine law natural or positive enjoyns , or conducing to the same , than are the hypotheses of the old or new philosophy . but i most commonly apply the word irr●ligionary to principles that are reverâ contrary to religion , and justice , and morality , and such as i would therefore dis-robe of the name of religion ; and under this term of irreligionary not only all the antimonarchical principles of the jesuites and presbyterians are properly to be reckoned , but those principles of the papacy that even in the times of our roman catholick ancestors , ( as i said ) were so injurious to our princes and their subjects , and which were by them as vsurpations on the crown opposed and defied , and especially by those of them who were in their tempers most magnanimous : and in this case the papal principles that favoured those vsurpations on the rights of our princes , might be said to be both non-religionary , or things beside the matter of religion , and likewise irreligionary or contrary to religion , as being unjust . the religio officii ( as tully calls the conscience one hath to do his duty ) did bind those princes of the pope's religion , to impugne his arbitrary usurpations on their realms : and in the case of the meanest cottager of england , the pope's excommunication was never allowed good in westminister-hall under our roman catholick kings . the latter end of the very reign of queen mary , was likely to have diverted our english world with the sight of as remarkable a prize played between the two swords , ( i mean the pope's spiritual and her temporal one ) as was ever played on its stage : and when cardinal pool her kindsman who had reconciled our nation to rome , was so far lost in the pope's good graces , as that his legantine power was abrogated by the pope , and in affront to pool given to peito a poor friar ; but whose red hat by queen mary's opposition could get no further than callis ; and she was so regardless of the pope's curses in the case , that his bulls in favour of his new legate were not permitted to arrive here , and the designed legate was enforced to go up and down the streets of london like a begging friar without a red hat. and more need not be here said to express the principles that usurp on monarchs to be irreligionary . when i have in the former part of the discourse once or twice mentioned the term of apostates , for some turning to the church of rome , i did there speak cum vulgo , and likewise according to the style of our courts christian , which proceeding against some perverted to the church of rome , impute to them the crime of apostacy : but having observed in the progress of this discourse , that that term was seditiously used by the disciples of iulian , i have reprehended the further calling any men apostates , for the alteration of their judgments in some controvertible points of saith between papists and protestants , and that may without absurdity be called tenets of religion . as to the expression of the extermination of popery , and likewise of presbytery used in this discourse sometimes , ( and with allusion to the trite term of the papacy , viz. exterminium haereticorum ) i have there in p. sufficiently expressed my abhorrence of the extermination of persons , and ( as is there said ) do only refer to the extermination of things and principles religionary , and indeed to speak more properly of that part of mens principles only that is irreligionary and against nature . the words of exterminating and recalling are often used by cicero as signifying the contrary : and when mr. coleman's letters shewed such an imperious design in him for the revocation of popery that had been driven away , and banished or exterminated hence by so many acts of parliament , and even for the extermination of heresie out of the north , as occasioned such apprehensions in the government of what was intended by other innocent and modest papists , that made the gentlest of princes in a speech in the oxford parliament say , and if it be practicable the ridding our selves quite of all of that party that have any considerable authority , &c. none need wonder at the past warmth of subjects expressed against the recalling of the exterminated papal power : nor yet at the warmth of their zeal against the principles of the iesuites , propagating an internal power here when they had been exterminated from rome it self : and when the lord chancellors speech to both houses had mentioned the proceedings against protestants in foreign parts ; to look as if they were intended to make way for a general extirpation . they are poor judges of things who think that doctrines of religion cannot be said to be exterminated out of kingdoms , and their laws without the banishment of the persons professing them . who accounts not protestancy sufficiently exterminated from being the state-religion in italy , and yet sandies his europae speculum tells us , that there were professed protestants there . is not iudaism sufficiently exterminated from being the religion at rome , tho thousands of professed iews are there tolerated ? 't is the publick approbation of tenets or doctrines , and not any forbearance or indulgence to persons who prosess them , that gives doctrines a place within the religion of a state : for to make any state approve of a doctrine contrary to what it hath established , is a contradiction . but the truth is , the famous nation of the iews ( formerly heavens peculiar people on earth ) having not been more generally guilty of idolatry during their prosperity , than of superstition during their captivity and oppression , and extermination from their country , hath taught the world this great truth that the readiest way to propagate superstition , and error is by the exterminium and banishment of persons . whatever church any men call their mother , if the magistrate finds them to own the interest of their country as their mother , and to honour their true political father , they cannot wish their days more long in the land than i shall do . i remember under the vsurpation there passed an act of parliament ( as 't was called ) for the banishment of that famous boute-feu iohn lilburn : and under the penalty of the vltimum supplicium , and he shortly after returning to england , and being tried in london where he was universally known , and the only thing issuable before the iurors being whether he was the same john lilburn , those good men and true thought him so much transubstantiated , as to bring him in not guilty : and when ever i find any papist not only willing to change the name papist for catholick , but the thing papistry , for the principles of the church of rome under its first good bishops , and before popes beyond a patriarchal power aspired to be universal bishops and universal kings , and that even a iesuite instead of the rule of iesuita est omnis homo , hath alter'd his morals and principles pursuant to the pope's said decree , so far as truly to say , ego non sum ego , i shall not intermeddle in awakening penal laws to touch either his life or liberty . nor can any presbyterians with justice reflect on the zeal of any for the continuance of the laws , for the extermination of presbytery , when they shall reflect on the royal family having been by their means ( as is set forth in this discourse ) exterminated out of the realm into foreign popish countries : and of which they might easily have seen the ill effects , if their understandings had not been very scandalously dull . but there is another happy extermination that i have in this discourse from natural causes predicted to my country , and that is of the fears and jealousies that have been so prevalent during our late fermentation : concerning which the reader will shortly find himself referred to in many pages in this discourse , and to have directed him to all of that nature would have made the index a book . i have in this discourse designing to eradicate the fears of popery out of the minds of timid protestants , by the most rational perswasions i could , shewed somewhat of complaisance in sometimes humouring their suppositions of things never likely to come to pass . i have accorded with them in the possibility of the event of arch-bishop vsher's famous prophecy , tho i account the same as remote from likelihood as any one could with it : and do believe that if that great and learned man could have foreseen the mischief that prophecy hath occasioned by making so many of the kings good subjects disquieted thereby , ( and which by at once chilling their hearts and heating their heads , hath rendered them less qualified for a chearful and steady discharge of their respective duties ) he would have consulted privately with many other learned and pious divines about the intrinsick weight of the matter revealed to him , before he had exposed it to the world : for that in the days when god spake by the prophets , yet even then the spirits of the prophets were always subject to the prophets : and there is no fire in the world so bad a master as the fire of prophecy . it is observable that there hath scarce since this prophecy been a conjuncture of time wherein men uneasie to themselves would make the government so , but this prophecy hath been reprinted in it and cryed about , and few enthusiasts but are as perfect in it as a sea-man in his compass . the substance of it was to foretel persecution that should happen in england , from the papists in the way of a sudden massacre , and that the pope should be the contriver of it , and that if the king were restored it might be a little longer deferred . a person less learned than that great prelate could easily give an account of the past out-rages of massacres that have been perpetrated by papists , and of the tendency of the iesuites principles to the very legitimating of future ones : but the most pious and learned man in the world ought with the greatest caution imaginable to pretend to divine revelation of future contingencies , in a matter both so unlikely and so odious as this , and which might probably occasion so much odium to so many innocent papists , and so much needless trouble to so many timid protestants . that pious and great prelate did not ( i believe ) foresee that at the time when his prophecy should dart its most fearful influence , st. peter's chair would be filled with a person of so great morality and vertue as the present pope is , and a pope that would brand the sicarious principles of those ianizaries of former popes , the jesuites , and that he would be by so many roman catholicks called the lutheran pope , and that the papists numbers would be here so comparatively small long before this time , as to render it absurd to think that without the execution of heavens peanal law of an infatuation upon them , they will ever attempt any such desperate design against such vast numbers protected by the best of princes under the best of governments . whatever principles of irreligion any particular dissolute papists might by any be supposed to retain , it is not to be supposed but that they who shew respect enough to numbers and their weight in spiritual matters , and particularly in the divine concourse with the majority of numbers in the election of the head of their church , and in the determinations of a general council , and in their valuation of their church by its universality , will not contemn the power of numbers in matters political ; and i believe it will never among their innumerable miracles and revelations be revealed to them , that numbers are by them in things political to be dis-regarded . but as i observed of mr. hooker's prophecy in this discourse , viz. that he guessed shrewdly : so one thing hath happened that may partly salve the credit of this prelate's conjecture : and that is , that some nominal protestants ( but too justly to be thought popishly affected ) having robbed the jesuites of their doctrine of resistance and of their principle of dominion being founded in grace , endeavoured to robb them of their massacre , and as his majesty's declaration of iuly the th , mentioned , did plot an execrable out-rage of that kind : and some of the dissenters that appeared to me for sometime after i began this discourse , only as sheep straying from the flock , as they did to that great minister of the state who bestowed on them that expression , were afterward turned ravenous animals : and as the effect of nycippus's sheep according to aelian bringing forth a lion in one of the greek states , was resented as portending a change of the government , these mens producing the principles of the iesuites , was to be much more regarded as an omen of our future mischief than what any former predictions could import , and it was shortly accompanied with a real design to have effected it : and as i hope it will be with such a sense of shame in others of them when they shall survey the circumstances of that bloody design notified in the king's declaration , as mr. iohn geree an eminent and learned presbyterian minister of s. faiths in london did express , in a dedicatory epistle before a book of his called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , published some weeks before the fate of the royal martyr , and in which epistle he importunes the lady fairfax to shew the book to her husband then lord general to prevent his participating in the guilt of the regicide then feared , and saith , o madam let us fit down and weep over our religion , and we , whither shall we cause her shame to go . how shall we now look papists in the face , whom we have so reviled and abhorred for their derogatory doctrine and damnable practices against kings or any in supreme authority ? o study that it may never be said that any person of honour and of the protestant religion had any hand in so unworthy worthy an action as the deposing and destroying of a king whose preservation they stand bound to endeavour by so many sacred bonds . i have accorded with our timid protestants , that popery may gain ground perhaps in some turbid interval , and how by the divine omnipotence and iustice , the course of nature in its continuing the protestant religion may be over-ruled , and that on the account of our having justly deserved the visitation of popery , we may reasonably apprehend the dangers of it , p. . but have never recurred from shewing them the future prosperous estate of protestants and protestancy in england , but to advance the more forward into the following representations thereof . but having thus with compassion to the timid endeavoured to discharge my duty as to the moral obligation of complaisance ( an obligation that mr. hobbs hath so well shewn to be most clearly rising from the law of nature , and which the christian doctrine so strongly inculcates , and by vertue of which we are to bear one anothers burthens , and sometimes to the weak to become as weak ) i thought it afterward proper by the strength of argument desumed from the nature of things to fortifie the minds of the loyal against un-christian and un-manly fears . but as to the dis-loyal and factious , let them ( by my consent ) fear on . i shall not trouble my self to bear the burthens of them who resolve to be burthens to the government , and who would if they could , load it with presbyteries dead-weight , while they give that term to our bishops . let those who would have both protestant princes and their other subjects fear them , be laughed at for fearing of papists , and for not having a better understanding with the persons of papists , when there is so good an understanding and coincidence between the principles of such nominal protestants , and that very part of the principles of some papists that is irreligionary and subversive of the rights of princes and their governments , and when yet they seem not to understand that ; and let papists ( by my consent ) afford themselves recreative smiles , if ever in any conjuncture of time that may come , they shall behold the factious revilers of the church of england , to come under its wing for shelter after their so long endeavouring to deplume it . but because i have observed some well meaning and loyal dissenters , frighted both by cholerick and melancholy expositions of the apocalypse ( a good book in which some ill men have found the obscurest passages to be the clearest for their ill purposes , and in the dark places of which book many having long lain in ambush , have thence sallied out to cut throats , and subvert governments , i have here rear'd up a bull-wark of nature , that may secure them from the imaginary dangers of castles in the air , or visionary armies in the clouds of any mens fancies : and in compassion to the loyal protestants of the church of england , whose melancholy suppositions i had a while closed with both as a friend and wrestler , that i might give them a fair and soft fall , i thought it then proper to warn them of the danger of extravagant suppositions , and acquainted them that most bedlams were founded on suppositions , and the thought of quid si caelum ruat , and of peoples imagining earth-quakes to happen in the state from falling skies : and have shewn them how irrational a thing it is to suppose that a lawful prince , how unlawful or heterodox any of his tenets in religion may be , will injure his laws and the religion by law established : and having conducted the reader through the former more melancholy and strait and unpleasant passages in the fabrick of this discourse , have took care to lodge him in a more airy and cheerful appartment , and whence he may recreate himself with looking out on the future state of england , and remain assured that no frightful spectrums and fantoms will disturb him there , when he is either at his rest or at his devotions , and which i have for his diversion furnished with some such fair pictures of his countries future state as may perhaps not much either shame it or my self , in regard that i think in the draught and design thereof , my art has been according to nature , how carelessly laid soever the colours may have been , and where he moreover will have the prospect i before described , and if his sight be clear , will find the sky so more and more , tho so many politick and lachrymist would-be's have told him of the contrary . i believe that since the predictions of the deluge by noah to the old world , there were never so many angry predicters and predictions of a general inundation of misery to any country , under a future prince , as within these late years we have been overwhelmed with , and that to the discomposing of mens minds in their common converse and while they did eat and drink as in the days of noah , and were so ready to devour all their countrymen who believed not the same inundation with them . but during this great deluge of our popular fears of one of popery , i have ventured in p. and of this discourse , to express my presension of the future state of england making men ashamed of their past fears and their former deference to ill boding prophets , and that our melancholy prophets will appear to be toto caelo mistaken in their auguries as much ( as gassendus tells us ) all the astrologers were in france when by reason of the great conjunction of watry signs in piscis and aquarius in the year , they said that there should be then in the month of february a second deluge that should overwhelm france and germany , and by reason whereof many people went with their goods and cattel from the low lands to the hilly country , and yet after all the f●rmentation those astrologers had made among the populace in france , that month of february ( as gassendus tells us ) tho naturally rainy , proved the dryest month that ever was known in those countries . i account that the deluge of the popular fears did sensibly decrease after the year , and that to the great dissatisfaction of those whose broken fortunes made them no worse under it , than the fishes were in noahs . the more rational and sagacious sort of protestants , who had been so long sea-sick with that deluge , and did nauseate the fears and jealousies that had discomposed them , began to see land , when his majesty with so just a caution advised them in his speech to the oxford parliament , that their just care of religion should be so managed , as that unnecessary fears should not be made a pretence for changing the foundations of the government , and his declaration of the causes that induced him to dissolve that parliament , signifying his royal resolution both in and out of parliament to use his utmost endeavours to extirpate popery , and in all things to govern according to the laws of the kingdom , was in effect , like the olive-branch brought by the dove into the ark , an happy indication of peace and settlement to the minds of the people and of the waters being abated , and indeed a demonstration to them that the dove had found ubi pedem figeret , and that our laws and religion had done so too : and on that great vision of the lex terrae , that so many mists had so long kept us from seeing , there ensued a general shout of loyal addressers throughout the kingdom , like that of sea-mens at their first seeing of land after a long stormy voyage , and when they thought they had lost their course : and the hearing of those shouts from the several countries , served as a call of invitation to the many timid and loyal , and likewise to many unfortunate persons , to return thither after they had flocked from thence to the metropolis as an ark for their preservation on the rising of the deluge of fears in some preceeding years : and it served to some cl●an and to other unclean beasts as a call of nature that they were to march out of the ark. by the unclean beasts i mean the sturdy paupers that i have in this discourse spoke of , who were observed shortly after the alarms of the plot from so many proclamations , to flock from so many parts of the country to london , like the rustical plebs i have spoke of naturally thronging to the shore , when they see a poor vessel contending with a violent tempest near it , and the next minute likely to condemn it as a wrack , and furnish them with gods goods ( i mean such as they call wrack'd ones ) and when to prevent the owners of them from the benefit of some coming alive to the shoar , they are so ready to out rage those forlorn marriners they see swimming to land. many such atheistical ruffians of all religionary sects ( and who had been desperate in the country ) might , being come to the metropolis , there probably feed themselves with vain hopes of mischief to be done to or by some particular persons , and would probably have been ready enough to be mercenary bravo's to either any iesuites or fifth-monarchy men or the jesuited protestant patrons of the doctrine of resistance . but this scum of the country was afterward as naturally thrown off from the well governed city , as are the purgamenta maris from the shoar without making any heads or arms ake to remove them , and not finding more welcome harbour in the city than they had in the country , were i believe litterally thrown upon the sea to convey them to the asylum of the malheureus that we may call our foreign plantations : and of the great and extraordinary glut of the advenae from the country ceasing in london after the year , the yearly general bills of mortality gave a sufficient proof , and did ( as i may say ) include too the burial of the plot , or at least of the popular fears of danger from it . the critical observator on the bills of mortality having long since told us , that there come about yearly out of the country to live in london , and which swells the burials about yearly , and likewise taught us the rule of in there yearly dying , i have in p. calculated by the yearly great encrease of the burials from the year , ( when the fears of the growth of popery were so much in fashion ) how very great the encrease of the number of the living there was to the year inclusive , and the extraordinariness of which encrease was so justly imputable to that of the advenae from the country : and to which it may be added , that the burials from what they were in the year ( viz. ) falling back about in the year , yet in the year were in all , and so for every thousand gradually dying more in those years referred to , were supposed to have in the same gradually lived more than in the former : and all which years before mentioned were of ordinary health . but the year having produced that pacific royal declaration , and the congratulatory addresses thereupon , and likewise that encrease of the burials before mentioned ( that might be supposed to happen partly by the advenae from the country being for some time necessarily detained in the metropolis , in making preparations there to leave it , and by some of them in the mean time dying , and partly from some new p●upers then coming from the country to hide their heads in obscure places in london , and which they durst not shew in the sun-shine that declaration had made in the country , and partly by the deaths of many loyal persons in london whom the addresses and expectations of preferment for their loyalty brought thither ) yet the burials in the following year , viz. , being but , was a considerable indication of the abatement of the popular fears which led so many timid persons from the country , with hopes to find our metropol●s to be the most quiet part of the nation , as the most quiet part of a ship is naturally that which is nearest the main-mast : and the burials in the year being but , gave an indication of the advenae from the country not then encreasing : and although the total of the burials for this year was , yet it being most probable that there dyed above of infants , and of aged , and infirm , and indigent people by the accidents of the extraordinary frost , it may be well accounted that the popular fears have not been in this year augmented . altho during the so long continuance of the general ferment in the kingdom after the plot-epoche , ( and in which inter●al so great a part of the following discourse was printed sheet by sheet ) i could not after the king and pope had both of them by written edicts ( as it were ) denounced war against the tenets of the iesuites , that included so much hostility to the church of rome as well as of england , but participate in the general heat against those tenets , and improve the occasion of writing polemically about the same , yet i think none could more carefully observe the laws of military discipline , than i have those of loyalty in not going beyond the measures of the government , and in following the standard of the royal pen , set up in the proclamations , and likewise in the declaration aforesaid . dr. donne dedicating his pseudo-martyr to king iames , begins his epistle by saying , that as temporal armies consist of pressed men and voluntaries , so do they also in this war-fare in which your majesty hath appeared by your books : and not only your strong and full garrisons , which are your clergy and your vniversities , but also obscure villages can minister souldiers , &c. besides since in the battel your majesty by your books is gone in person out of the kingdom , who can be exempt from waiting on you in such an expedition . that learned monarch in his printed premonition to all crowned heads , free princes and states , doth magno conatu , go about to prove the pope to be anti-christ , and very subtilly discusseth the moot-points out of the apocalypse that refer to it : and from that one word of anti-christ , the papacy hath since the reformation received much more prejudice , than hath the reformation from that other famous word of heresy : and the compellation of anti-christ is especially a more terrible weapon against the pope , when used by the hand of a king. but i must frankly say should my prince combat the pope with this name in print , and descend to command my poor service in that warfare , i should humbly apply to him to excuse me therein : and as it was observed concerning aretine , that he left god untouched in his satyrs , giving this reason for it , ille inquit non mihi notus erat : so i shall say the same thing of anti-christ . but when the thunder of the royal power was in so great a number of proclamations heard all over christendom against particular persons , and their known principles and designs , his subjects might well think it a part of loyalty during that time to wear clouds in their brows , and to be tributary to the royal cares by endeavouring in their several capacities to support the throne , and to concur with the constant practice of nations in receiving the beliefs of matter of fact as stated by soveraign power according to the common saying of imperatori seu regi aliquid attestanti plenè creditur . it is this teste of the sovereign ( as i may say with allusion to the words in our writs of teste me ipso ) that will be the clew to the historians to guide them in that dark and intricate labyrinth of time , i before spoke of : and will probably be helpful to any ingenious protestants or papists who shall write its history , when they shall from the many collections of the pamphlets relating to that time treasured up by the curious , see so many bold and contradictory shamms and affidavits fighting with each other for that belief in a future conjuncture , that they could not obtain in the past : and 't is nothing but the declared sense of the government that in such odiosa materia , will qualifie a judicious historian to do right to himself or his reader , or even to his history , and keep it from being thrust down among narratives . it may be rationally supposed that when princes and their ministers do think fit to notifie their judgments of some matter of fact wherein they might receive the first information from persons lyable to exception , that there were many concurrent circumstances lay in the balance before them : and which perhaps they might not think convenient to divulge : and moreover it is a thing commonly observable , that divine providence doth influence the understandings of princes ( who are its instruments in the government of the world ) more signally than of other men , and that crowned heads are still blessed in some measure as of old by another spirit coming on them , than what animated them while private persons , and that therefore their asserting of facts of state is more to be revered than that of other men . i therefore in the case of the shamm of throwing the odium of a plot upon protestants in one particular conjuncture , have not come short of or gone beyond the measures of the government : nor do i believe that any historian of it will. and when i did read the various pamphlets , and did confer notes with some of the curious about the last mentioned shamm , and participated with the loyal protestants in their concern and sollicitude for the honour of their religion thereby attacqued , yet i gave no rule about the merits of the matter in my private thoughts , till i saw in the prints the copy of the order of council of november d , . reflecting on the treasonable papers thrown into a gentleman's chamber , by which divers noblemen and other protestants , were to be brought under a suspicion of carrying on a plot against his majesty , and which order was after a person was sent to newgate by the council for forging of letters importing high-treason and fixing the same in a gentlemans chamber , and o● which forgery i yet thought none but some few of the faex romuli , who believed and practised the jesuites doctrine of calumny could possibly be guilty . but i presently accord●d in my thoughts with the many loyal protestants and papists who judged another effort , that pretended to be of the same nature with the former , and referred to a plot of protestants , to be a poor vile artifice or shamm , projected by some calumnious anti-papists , a shamm too despicable to be here named , and obvious enough to detection from the trite saying , that they who can hide can find . but the many pitiful shamms , whose humming noise did a while please our mobile , and were below the notice of the government , have had their triduum insecti , and are not to expect to live in story , or to be there entombed like the fly in amber . the powerful effects of the royal declaration , freeing our land from the plague of fears and jealousies and the annoyance of the swarms of these flies , as moses his intercession prevailed to deliver a realm from the judgments of other ones , will be a more adequate subject to a great writers thoughts , and especially when he shall consider that in the course of nature and without miracle , those great effects could not but rise from so great an efficient : and as to which any one will perhaps be of opinion with me , who shall consider that the most terrible of terribles in so many mens apprehension of popery is its arbitrariness : and that therefore the publication of the royal resolution to govern according to the laws would effectually secure us against all arbitrary power whatsoever . mr. hobbs saith in his behemoth , i confess i know very few controversies among christians of points necessary to salvation . they are the questions of authority and power over the church or of profit , or of honour to church-men , that for the most part raise all the controversy . for what man is he that will trouble himself or fall out with his neighbours for the saving of my soul , or the saving of the soul of any other than himself ? and no doubt it is not barely any mens believing the doctrines of purgatory or trasubstantiation , or merit or works of super-errogation , that hath made the past ferment among us , but the arbitrariness of the papal power and the complication of the tenet of the plenitude of that power with those religionary tenets , and the making of it penal not to receive those or other tenets from rome , and the making men tenants in capite , to a foreign head for their brains and estates , and an outlandish bishop , who lives a thousand miles off , with new non obstantes outraging their old laws , and whom they can never see blush after it . but his majesty having declared , that he would use his royal endeavours both in and out of parliaments to extirpate popery , ( of which its arbitrariness was its great dreaded part ) and in all things to govern according to the laws of the realm , the people knew that the laws had sufficiently provided against appeals to rome , as well as against appeals from the country to the city , and that declaration naturally fortified the minds of the people as a praemunimentum , guarding them before hand ( as i may say with allusion to our statutes of praemunire ) against the arbitrary power either of rome or geneva , and did in effect set up an ensurance office in each of his majestie 's courts of iustice , to secure them against arbitrary power as such in whomsoever , and that they might in in utramvis aurem dormire as to any danger from the same ; and 't is therefore no wonder that the reflux of people from the metropolis to the country ensued thereupon , as i have remarked out of the bills of mortality : and from which bills perhaps we may divert our selves with the sight of the burial of that plot , which some feared and others hoped would have been immortal , who would have had it entailed too on their heirs and successors , tho they would not allow the crown to be so to the royal line . the political uses that the bills of mortality may be put to , being more various than the profound observator on them took the pains to mention , as i have thence , by a glancing view of the gradual encrease of the people , coming out of the country for several years , to dwell within the compass of those bills , and likewise of the gradual decrease thence deduced , given an account of what i thought might in some measure deserve the name of an indication of the diminution of the popular fears resulting from the burials , after the great auspicious year of the royal declaration , so i could , in order to the lessening of the fears of the encrease of dissentership within the circuit of those bills , from the total of the christenings in the respective years since that of , give what i might without vanity call more than indicium , and which perhaps would be by critical persons allowed for somewhat like a demonstration of the encrease of the numbers there , ( as i may say ) born into the church of england , and to what proportion , and that very particularly : and make it out thence that above the proportion between the burials and christenings that was in the year , there were christened in the year , and that the disposition of people for baptizing their children in the way of the church of england did encrease near a th part , in the year , and that above the proportion between the burials and christenings that was in the year , there were in the year christen'd , which is near a th part , that the baptizing of children in the way of the church of england hath gained , and dissentership hath lost ground in that year . nor do i find cause to alter my opinion of such baptizing in the way of the church of england , having lost , but rather , on the contrary , gained ground in this year , tho to what proportion i cannot positively judge , by reason of what i before hinted , namely , of the extraordinary proportion of the burials this year , arising from the accidents of the great frost , and which physicians by comparing the encrease of the particular diseases by which so many died this year more than in the former happening from those accidents , have judged to be considerably above , and likewise by reason of the births having this year been reverâ considerably fewer , according to the rule of the observator on those bills , that the more sickly the year is , it is the less fertile of births . all who have been in the least conversant with those observations of his , know that the births in ordinary years are equal to the burials , or rather more : and i have observed the same from the paris bills , where the christenings do generally much exceed the burials ( and as particularly appeared by the total of the burials in the year being , and the total of the christenings being ) but by the christenings among us registred and reckoned in our bills , we know thence when the disposition of the people to baptize their children in the way of the church began to encrease , and dissentership consequently to decrease ; and accordingly the ground gained by the church of england , and lost by dissentership within the compass of those bills , after the year , hath been by me sufficiently proved , quod erat demonstrandum . i have in this discourse given somewhat like a little historical account of the numbers of the papists , since the reformation to our late conju●ctures , and have with honour mentioned the vigilance of his majesty's late minister , the earl of danby , in directing a survey of the numbers of the people of several religionary perswasions in the province of canterbury , and which was returned in the year , and whereby the comparative paucity of the number of papists there is apparent , as it is by themselves agreed on so to be , as i have cited out of the compendium . but tho the copy of that survey is in the hands of so many persons , i would not have mentioned any thing thereof as to the number of the papists , but that dr. glanvill had first published the same , and whose book i have referred to for the same . nor shall i therefore give any particular account of the numbers of the non-conformists resulting from the same . but tho i think that the number of the non-conformists was not returned perhaps in that survey , so justly and near the matter as was that of the papists , yet i am fully of opinion that if the number of non-conformists were thrice as great as that returned ( which i believe no man will reckon it to be ) their proportion with that of the total of this great populous nation would be very inconsiderable . but as to all the writers or discoursers of their proportion to that total that i have conversed with , ( and who have rendered the quota of the dissenters so vast with much positiveness ) i am able to say , that i have easily perswaded them to desist from any positive magisterial determination therein , by shewing them that their measures of the total of the people of england have been but conjectural , and depending perhaps on some calculations too fine and subtle , or others too course and gross , and that no man can be a competent judge of this total , who hath not seen the returns on the bishops survey , and likewise the returns on the late pole-bills , and of which latter under the patronage of a powerful minister of the kings , i obtained copies , and have thence in the following discourse shewed the total of the people of england and wales , to be probably much greater than any cautious calculators have made it , and some whereof made the total to be , others , others millions . i thought the doing of this an acceptable service to my prince and country , and the rather for that several authors among the magna nomina have published it in print , that the people of england and wales are but millions : and which number if they did not exceed , we might allow our dissenters a considerable proportion therein , tho yet nothing near so great even as to such a total as some would have it . but the ebb of their numbers is at this time so apparent , if we respect the state of them in the whole kingdom , that their out-cry of implevimus omnia , and the nation and its trade cannot subsist without us , is very ridiculous : and they are not in my opinion their friends who writing for them do so customarily magnify their numbers , and as if they were half the people of england , as some have done : and i believe the gentleman whom i have cited for saying in a late parliament , that he observed , that in the choice of knights of the shire for the county he lived in , that they could not bring one in twenty to the field , would if he had been at elections in some other counties have found they could not there bring in so great a number . and tho the puritans of old were very numerous in the house of commons , and our dissenters in the king 's long parliament made so great a figure as to be able by their weight to crush the declaration for indulgence , yet in the succeeding houses of commons , the dissenters were far from valuing themselves an their weight or numbers : but of the dissenters in that loyal long parliament , i believe there were not any who wished for the yoke of presbytery , or thought its platform practicable in this realm . i have in this discourse mentioned one thing , that made the most eminent presbyterian divines after , think their bringing of the yoke of presbytery upon the english necks practicable , and that is , their accounting according to the pacta conventa between them and the parliament , they should have the bishops and deans and chapters lands settled on their church , whereby their discipline how defective soever in weight as to principles of divinity and humanity , would have made it self ●ormidable by its balance of land : and 't is probable , that in scotland the livings of the inferiour clergy weighing more in value than the estates or livelihoods of the ordinary inferiour layety , hath supported that clergy there in their pretences to expect somewhat of power , and which they yet enjoy in the figure of the church government there established under bishops : and altho king iames in his planting so many benefices throughout that kingdom , worth l. per annum , with a house and some glebe land belonging to them , never intended any advantage to presbytery thereby ; he yet occasioned some by making so many divines there more considerable in wealth : but our presbyterian divines here having been so fatally disappointed about the bishops lands promised them , all ingenious men must necessarily thereby be made apprehensive that they are never to hope to bring the terror of that church government upon us by that means . it is moreover observable that most of the race of our old presbyterian and independant divines having been extinct , ( some few of whom were learned men and gave some ornament to their tenets by their learning ) scarce any new ones , and who appeared not in the church before the king's restoration , have since by the publication of any theological or devotionalwritings propp'd up the credit of their party , and that of the ecclesiasticks of those perswasions none have published any thing valuable against popery but some of their old stock . tho some presbyterians have not hitherto learned that modesty and policy from the papists , as to leave off their unjust valuing themselves on their numbers , yet as i know not of any number of gentlemen that would choose to live in any parish in england under the severity of that church government , and who would not rather desire to be exterminated from their native country than to live in it with presbytery paramount , so neither do i believe , that presbytery would be endured by many of our illiterate mechanicks now more than heretofore , if they were taught its rigour . and tho likewise another sect of dissenters more gentlemanly than that of the presbyterians , i mean the independants , do in the little pamphlets they write , trouble us much with proclaiming their numbers , and as if they were not only the sober but the major part of the nation , they are very ridiculous in trying to make themselves that way dreadful contrary to what is in fact true . i believe that the number of those who in the late times listed themselves in the particular gathered churches , and subjected themselves to their laws , and contribution to their pastorage , was always inconsiderable ; and as an argument , of that 't is in this discourse mentioned that the pastors of the most opulent of those churches in london did most readily quit their posts , when they could obtain head-ships of colleges , and that in a conjuncture when independancy was in a manner the form of church government owned by the state. these churches were always very few in the country and are now fewer and scarce visible , unless we will call the bands of quakers by the name of churches , and a name i do not hear they think fit to use . i am of opinion that under the christian religion so much ●uller of mystery than the pagan , iewish , and turkish , its divine planter did necessarily make christians loving one another , the characteristical mark of their being such ; and under the noble freedom allowed by the protesta●ts religion to try all things , and to trust no religionary tenets but what they have tryed , a heterodoxy as to some speculative supposed tenets of the church of england , may among some inquisitive persons have long gained ground , and still do so . there was in london an independant church under cromwel's government , and mr. biddell was their pastor , and among other tenets denominable as those of religion , they owned these following , viz. that the fathers under the old covenant had only temp●ral promises ; and that the vniversal obedience performed to the commands of god and christ was the saving faith ; and that christ rose again only by the power of the father and not his own ; and that justifying faith is not the pure gift of god , but may be acquired by mens natural abilities ; and that faith cannot believe any thing contrary to , or above reason ; and that there is no original sin ; and that christ hath not the same body now in glory in which he suffered and rose again ; and that the saints shall not have the same body in heaven that they had on earth ; and that christ was not lord or king before his resurrection , or priest before his ascension ; and that the sain●s shall not before the day of iudgment enjoy the bliss of heaven ; and that god doth not certainly know future contingences ; and that there is not any authority of fathers or general councils in determining matters of faith ; and that christ before his death had not any dominio● over the angels ; and that christ by dying made not satisfaction for us : and 't is possible that such religionary tenets as these , which are far from being de lanâ caprinâ , and are contrary to the articles of our church may not be extirpated : tho yet i believe there will never be any fermentation in our church or state produced here by them , if in course of time any of them should happen to be the sentiments of any of our princes : and much less that any prince , if so opining , would consute others as hereticks with fire and sword , and as calvin co●futed servetus . there was likewise in our metropolis another independant church , of which mr. iohn goodwin was the pastor , and by which church the tenets of armini●s were received , and which tho they have ceased to ferment the state , yet the opinions of men equally pious and learned will in all likelihood be always different about the same : and as to these tenets , the questions are not such as are called questiones domitianae , or of catching of flies . but there is a sort of questions that is little better , and that in our busie world will not usurp the time they have done , and that is , such as are of the nature of that i have spoke of toward the close of this discourse , that made the fermentation in a church of separatists that went hence to amsterdam , namely , whether aron's ephod were blew or sea-green : and tho i have asserted it that mens liberty of professing religionary tenets may be reckoned as a part of their purchace by christ's blood ; yet methinks to make the son of god leave the bosom of his ●ather , and take a journey from heaven to earth to impress on it right notions about the lawfulness of signing children with the cross , or of mens kneeling at the sacrament , or standing at the creed , or bowing at the name of iesus , or of placing the communion table in the east , or of wearing surplices , tippets , lawn-sleeves or square caps , or of keeping of holy-days , or singing psalms to organs , and to resolve the world in some plain points , as namely , whether the soveraign power may not lawfully enjoyn the observance of the external circumstances of divine worship , which every man doth in his own family ? or whether it be not as lawful for the sovereign power to enjoyn kneeling at the sacrament , as 't is for private persons to command their flocks not to kneel ? and the resolving who doth most hurt by christian liberty either the magistrate , who , commanding me to kneel , tel●s me the thing is in its own nature indifferent , and that he doth not and cannot change the nature of things in themselves ; or my private pastor , who shall tell me that my not kneeling is necessary to salvation ? and the resolving the question , whether i may lawfully ●oyn in a set form of prayer with a congregation , when 't is plain that another man 's conceived , or extempore prayer is as much a form to me or to another as any printed prayer can be ? or the resolving what mr. gataker in his book of lots , calls a frivolous question as made by some separatists , viz. what warrant have you to use this or that form of prayer , or to pray upon a book ? ( and to which he answers , that it is warrant sufficient that we are enjoyned to use prayer , confession of sin , and supplication for pardon , &c. no set form thereof determined , therefore any fit form warrantable : this form that we use not unfit otherwise , this form thereof allowable . and let a man demand of one of them when he prayeth , what warrant he hath to use that form that he then useth , he can answer no otherwise . so for a book , the means of help are not determined : and this one among others : this therefore not unwarrantable . and if one of them should be asked how he proves it warrantable to use a printed book to read on at church : he shall not be able to make other answer than as before ) and further hereupon the resolving of another question , viz. whether one man eminent for piety and learning , or perhaps eminent for neither , is able without premeditation to make as fit a prayer for the people to say amen to , as a hundred persons eminent for both are able to frame with l●ng study ? i say to make an elias and much more the holy iesus , to come down from heaven to solve such doubts as these , is an extravagance parallel with the error of those old poets , who would on all occasions introduce gods to end doubts that were never fit to be begun by men , and wherein there was not dignus vindice nodus , and against which the judicious poet gave the known caution of , nec deus interfit , &c. the holy iesus by his tacit rejection of questions as impertiment ( that the world thought of more moment than some such as are above named ) when he forbore to give his thoughts of pythagoras his pre-existence of souls upon the question put to him , viz. who did sin this man or his parents that he was born blind ? shewed he thought it not for his honour to have it supposed that it was part of his errand from heaven to set the world rightin speculations of philosophy ; and so he threw that famous notion off as a titivilitium . chemnitius in his harmony taking notice of our saviour's reprehending in the pharisees their use of oaths , and thereby invocating god as a witness in the occurrences of their common talk and conversation , saith , in re levi ne magnum quidem virum in testem vocare auderemus : as i find him cited by mr. gataker in his book of lots , and wherein he doth so learnedly confute the superstitious conceit in some of the unlawfulness of the use of cards and dice in recreation , as likewise the other of mens being obliged to count every thing unlawful that they have not a scriptural warrant for . yet since his writing of those books of lots , thousands of such our superstitious protestants have not ●crupled to throw the dye of war , and to appeal to the lord of hosts by the decision of battel to signalize the truth in some of those nugatory and others of those plain points before-mentioned : and our land groans under the guilt of the blood of hundreds of thousands of subjects as well as of the royal blood , by questions , on which an ingenious man would scarce think a drop of ink necessary to be spent . but i have in this discourse express'd my belief , that the fierceness of our dissenters humour of quarrelling about such little ceremonial matters will be naturally reclaimed by the influence of the civility appearing in the many french protestants here , into a complaisance with our king's and church's enjoyned ceremonies , that all the learned books of our divines have not been able to work in them : the civility of the french humour making it natural to those protestants ( as i ●ave remarked ) not only to comply with princes but even their fellow subjects in the use of all ceremonies they expect : and as i have in many places of this discourse , and particularly in p. , expressed my thoughts that the sicarious principles of the iesuites will naturally evaporate by fear and shame ; so i have in the following page , that all rebellious principles of any nominal protestants will by fear and shame in our populous english world be abandoned : and do think , that to the shame of quarrelling about little matters , the shame of doing it before strangers , being super-added , will prevent our future disquiet thereby . let them ask those protestants who are fled hither from persecution ( the circumstances of which are with great judgment stated by dr. hicks in his excellent printed sermon on that subject ) if in case their great monarch had excused them from conformity to the gallican church in the points of praying in an unknown tongue , and the worshipping the host , and the forbidding the cup to the layety , and the other momentous religionary points controverted between papists and protestants , and had enjoyned them only such things as our religion by law established doth , whether they would have with the hazard of their lives made a migration hither from the best country in the world , their native soil , or have made their monarch and his ministers at home uneasie by complaints of persecution , and by raising of any dust about unnecessary questions as aforesaid . leo after tells us , that the inhabitants of the mountain magnan on the frontiers of fez , have not thought fit to be at the charge of any settled judicature or parade of the law to support their polity : but to the end their controversies emerging may be decided , and that impartially , they stop some travellers passing that way , to give judgment in the same ; and that himself in his passage there was detained many days to perform the office of a judge , and that his performance of the same was rewarded by the inhabitants , defraying the charges of his stay : and some of those people were ashamed perhaps to trouble him , a stranger with vilitigation , or querelles d' alleman . and thus perhaps may those protestant strangers that providence hath sent hither prove to our religionary branglers useful itinerant judges , and their patience in their judicature will in my opinion deserve to be well rewarded , and for the greatness of its burden from the minuteness of its controverted causes , and whereby strangers are imposed on by as needless trouble as travellers would be if in the several territories they passed through , the inhabitants should desire them to weigh their air. but i hope the non-conformists to the gallican church will find those to ours ashamed to entertain them here with the crambe of old controversies of ceremonies and things indifferent ; and that those strangers will not find themselves invited hither by nature as to a theatre , where they shall only see our digladiations with air , or beating of the air ( as the scripture expression is ) and much less where they shall see any dissenters implicitly swallowing the doctrine of resistance , and weighing nothing but air. it was ( i think ) a little before the migration of so many french protestants here , that some of the faex of our dissenters were so shameful as to nick-name our clergy : but i do account that the inquisitive and philosophical temper of the age , shining with so much lustre in our english clergy ( and which temper is as naturally accompanied with the gentle warmth of charity for the persons of different opiners as light it self can be with heat ) is a sufficient guarranty to all protestant ●e●usants of their finding from our church all the favour , i will not say that they have deserved from it , but all that they will or can : and i believe the charity of our church-men is so great for them as almost to tempt them to wish that there were some dignus vindice nodus in the religionary part of dissenters principles , that might give our c●ergy a signal occasion to display the before mentioned characteristical mark of christianity in loving the persons of men dissenting from them in any matters of moment . they have experimented this temper of our divines in dr. stillingfleet's book of the vnreasonableness of the separation after so many of their waspish pamphlets had attacqued his excellent sermon of the mischief of separation : and the soft insinuations of reason , in which having produced from them so much unmanly passion , may serve as an indication that the present dissente●ship is languishing under its old age , when the gentlest weight and even when the grass-hopper is a burden to it . they have seen this happy temper appearing in some of our most celebrated divines not being exasperated against the persons of one another , tho owning sentiments different from our articles and homilies . and indeed 't is natural to any man of a great genius ( and of such illustrious abilities that all the several religionary parties thinks of , with the wish of vtinam noster esset ) in some notions peculiar to himself , to soar above the common ●light of the ordinary observers of their rules and prescriptions , and not to be fled out of the hearts of those of their sect , when some times he towres out of their , sight and above the reach of their understandings . i have in the learned theological writings of mr. baxter , concerning iustifications , contemplated his great parts and abilities : and have likewise observed the great learning of doctor tully appearing in his iustificatio paulina , and where he saith , that in the point of iustification the controversy is not de muris , sed de palladio christiano : and have moreover read dr. tully's printed letter to mr. baxter wherein he chargeth him ( whether justly or no i enquire not ) for seeming to place most if not all the differences that are in the point of iustification ▪ between us and the church of rome , among logomachies , p th , and useth to him these words in p. . but seeing you are so busie in turning our greatest controversies with the papists into a childish contest of words , and in p. . he desires him , that he would consider the great affinity his tenet of justification hath contracted with the roman , and in the same page desires him to take his balance and weigh more diligently , that he might see only the very small odds between his justification and the council of trent ' s. that great adorner of the church of england both with his learning and piety , dr. hammond , thought it not so acceptable service to the world to fill it with more volumes against the idolatry of the church of rome , as to diminish it by distinction , and when in his tract of idolatry § . . p. . he makes the worshipping of the host to be only material idolatry , tho he knew as well as any the articles of our church , and that without the formale peccati as well as the materiale , there can be no sin of commission , and that in all things forma dat esse . our famous dr. ieremy taylor likewise in his liberty of prophesying , p. , doth free the papists from formal idolatry . thus likewise tho our homilies and our iewel , raynold , whitaker , vsher , &c. and the translators of our bible into english in king iames's time did place the name of anti-christ , and the man of sin on the bishop of rome , yet dr. hammond as well as others of our church have publickly avowed their sentiments of the popes not being so . i have not mentioned this as if i thought that any of our excellent divines of the church of england , would ever occasion the least umbrage of jealousie in any future conjuncture , about any design of uniting our church to rome , or rome's to ours : the common rule in politicks of minor pars unita majori censetur facta illius appendix ( and which is exemplified by the church of rome , not having been united to all the a●iatick , african , graecian , russian and protestant churches , as containing three times more christian souls than doth the church of rome with all its dependents and adherents ) and the ineffectual project of some well meaning divines in a former conjuncture here , will i believe effectually avert all future jealousies of any thing of that nature , or the danger of any in the vessel by trying to pull the rock to it , bringing it super hanc petram . from various grounds of natural reason , i may venture to predict that the best evangelical church and the best clergy the world can shew , will direct their measures suitably to those words of the great evangelical prophet isaiah , their strength is to ●it still , and without any faith to remove the seven hills or mountains of rome hither , or on their sullen contumacy resolving like mahomet to go to the mountains . among the various considerations urged in this discourse to fortifie the minds of the loyal timid against their unaccountable fears of heterodoxy in any prince as to the religion by law established , rendring him a meer natural agent , or one without freedom of will as to the point of freedom of their consciences , and depriving him of the brains as well as bowels of a man , and against impressions of trouble from what so many writers have insinuated , namely , that a roman catholick prince must by virtue of the authority of the lateran council exterminate his heretical subjects , i have in p. mentioned that the munster peace hath in germany , cured the timid lutheran and calvinist subjects of any fears and jealousies as of their religion and property upon any prince by the lineal course of descent coming to be their ruler , who may profess any religionary sentiments different from theirs . and because the factum of that peace hath not by any writers since our late fermentation ( that i know of ) been insisted on for the illumination of peoples understandings in the firm provision made there for mens being secure in their religion by law established , whatever the religion of their lawful princes may be , i shall here give some cursory account of the great fact of that peace ( and wherein some popish princes made so great a figure , and who sufficiently understood how far the later an council obliged them ) that may not only shew it a kind of pedantry to imagine that roman catholick princes are still by their religion bound , after all the revolutions of time and its incursions made on their former measures as to heterodox religion and religionaries , to use the same methods as formerly , and to move in the same line as heretofore , ( just as some crabs on the land are observed in the west-indies to be so sullen in their way , that rather than they will move in the least on any side , they will go over a house or a tree ) but may likewise serve as a praemunimentum to secure men in all future times against the fear of any danger to their religion by the heterodoxy of their princes , a thing that may be expected often to happen , since people can no more promise themselves that their princes will successively resemble one another in their understanding faculties than in their bodily shapes . thus then sufficiently for the purpose above mentioned the reader may take the scheme of that matter . it may be observed that in sueden and d●nmark and in all the territories of the lower and upper saxony where ever protestants have the sole power , no papists are permitted to have any publick exercise of their religion : and that in austria , bohemia , moravia , and all the hereditary lands of the house of austria , bavaria and the upper palatinate , where the papists have the sole power , no protestants are suffered to have the publick exercise of their religion . and these whole territories above mentioned being entire bodies within themselves , under one head either of the one or the other religion , without the intermixture of different dominions , are uniform in the exercise of their religion respectively different . but the intermediate parts of the german empire are interwoven under several princes of different religions , and therefore are of mixt religionary professions : that is to say , those professions are exercised some here , some there in different places : and because the inhabitants of the intermediate territories being mixed and pretending to have each of them a right to the same places of worship , various quarrels did arise among them : therefore when they deprived one another of the freedom to exercise their religion , the treaty of peace at munster and osnabrug in the year . did appoint the restitution of places for the publick exercise of religion on both sides , and ordered that all matters of this kind should be thence forward settled as they were in use heretofore in the year : which order occasioned a deputation from all the states of the empire at francford in the year , and and following , to see that decree and other matters put in execution . those intermediate territories are the circles of westphalia , of the rhine , of the welterans , of franconia , and of suaben containing many principalities and great cities , depending immediately upon the empire , which being of different religions and mixed one with another , in respect of their territories and jurisdictions , none that in the time of war was prevalent , did suffer a different religion to be exercised : but since the instrument of the peace made at munster and osnabrug was published , the liberty of religion is to be regulated universally by the th article ▪ and some other articles determining matters between protestants and papists : and according to this constitution altho some territories , which formerly were under protestant divines , are now under a popish power , and vice versâ , yet the liberty of religion is to be left to each party as it was used in the year . thus the duke of newburg and one of the landgraves of hessen , and a prince of nassaw are obliged to leave to the protestants within their dominions , the free exercise of their religion . and so in some of the imperial cities , as in francford , ausburg and others , the papists have the free exercise of their religion restored to them among the protestants . at ausburg the magistracy is half of the one and half of the other religion : but in all the other imperial cities the magistrates ( i think ) were wholly protestants , except at collen and heilbron where they are wholly papists . if any one considering the sharper animosities between lutherans and calvinists , then those between either of them and the papists ( accordingly as we are told by tacitus , that odia proximorum sunt acerrima ) shall tell me , that if the treaty of munster and osnabrug did plant civility among lutherans and calvinists as to the persons and religions of each other , it did wonders , i shall therein accord with him , and that it was somewhat like that of the pulling down the partition-wall between iew and gentile ; and that tho luther a more cholerick yet ( i think ) a better natured man than calvin , did sufficiently in his writings inveigh against the asperity of magistrates in punishing heterodoxy ( and particularly in his tract , de magistratu saeculari : parte secundâ , where he tells chief magistrates so doing , viz. per deum sancte juro , si id verum , tantillas vires in vos acceperit vestra negligentia , nulli estis , etiamsi siguli non essetis inferiores turca ipso , potentiâ : neque vestra crudelitas & rabies vobis quicquam commodabunt : yet many of luthers followers did not imbibe that his opinion , and as appeared long ago by a dreadful instance of this in queen mary's time , when iohn a lasco uncle to the king of poland , and many families of strangers who had been here received by edward the th , were banished by queen mary , and went for asylum to the king of denmark , but ( as i have read it in the history of that migration of theirs writ in elegant latin by iohn a lasco ) he renders their usage in denmark by the clergy and populace to have been very severe , and makes the first course in their entertainment to be an invitation to church some days after their landing , on pretence of being instructed , and the hearing there cal●●● and themselves publickly lampon'd or railed at : and because that pleased not their palates , their next was , an edict to be gone from the metropolis in a peremptory short time , when the season of the frost in that country was so extremely afflictive , and without permission for their sick or infants or women with child to stay for the clemency of better weather ; and whereby many of them there died with the extremity of the cold in their journeys . and it had been in a manner as eligible for them to have stayed and perished in england by the fires of queen mary : and alsted in his chronology speaking of what happened in queen mary's reign , saith to this purpose , multi ob religionem mutatam , angliâ relictâ primò in daniam , deiude in germaniam veniunt : nam in dania non poterant habere locum , per theologorum rabiem : inter exules fuit johannes lascus polonus . but i can by the munster peace , direct the reader to see that old lutheran bigotry and hatred of the persons and religion of calvinists exterminated out of germany , whereby it is determined as by a statu●e law , that the calvinists shall have the same right for the free exercise of their religion which the lutherans and papists have , and that to the end that any might be ashamed of pretending to be afraid of any detriment that might accrue to their persons or religion , under a lutheran or calvinian or popish successor , and that all might be really afraid of dishonouring god and wounding their consciences , by prejudicing the inheritable rights of those princes successions , it is thus further determined by the th article of the instrumentum pacis caesareo suecicum , § . . viz. vnanimi quoque caesareae majestatis omniumque ordinum consensu , &c. 't is likewise thought fit by the unanimous consent of the emperor and all the states of the empire , that whatever right or benefit both all the other constitutions of the empire , and the peace of religion , and this publick agreement , and the decision of all grievances therein do allow to all catholick states and subjects , and to those addicted to the augustan confession , the same shall likewise be allowed to those that are called the reformed , ( i. e. calvinists ) with a salvo to the states called protestants ( i. e. lutherans ) as to all things covenanted and agreed between themselves with their own subjects , and as to all privileges and other dispositions whereby provision was made for religion and its exercise and the things thereon depending , by the states and subjects of each place , and with a salvo to each for the freedom of their consciences . now because the controversies of religion which are in agitation at this time among the forenamed protestants have not been hitherto reconciled , but have been referred to a further endeavour of agreement , so that they still make two parties : therefore concerning the right of reforming it is thus agreed between them : that if any prince or other lord of the territory or patron of any church shall hereafter change his religion , or obtain or recover a principality or dominion either by the right of succession or by virtue of this present treaty , or by any other title whatsover ; where the publick exercise of the religion of the other party is at present in use , it shall be free to him to have his court-chaplains of his own religion about him in the place of his residence , without any burthen or prejudice to his subjects : but it shall not be lawful for him to change the publick exercise of religion or the laws , or ecclesiastical constitutions which have been there hitherto in use , or take from those their churches whose they formerly were , or their schools or hospitals , or the revenues , pensions and stipends belonging thereunto , or apply them to the men of their own religion , or obtrude on their subjects men of another religion , under the pretence of a territorial episcopal or patronal right , or under any pretence whatsoever , or bring about any other hinderance directly or indirectly to the religion of the other party , &c. in fine , here hath been a great pacification , and the same agreed on to be a perpetual law , and pragmatick sanction , and as strongly binding as any fundamental law or constitution thereof , comprhending in behalf of the emperor , all his confederates and adherents , first the catholick king and house of austria the electors and princes of the empire , the hanse towns , the king of england , the king of denmark and norway , and all the princes and republicks of italy , and the states of holland and others , and in the behalf of the queen of sweden all her confederates , the most christian king , the hanse towns , the king of england , the king of denmark and the dutch states , &c. well : but yet it may be by our timid protestants objected ; that all these roman catholick princes thus projecting the peace of germany and that of christendom , did in this great instrumentum pacis and the pacta conventa referred to , but reckon without their host , i mean the bishop of rome , and that one bull against it from rome would thunder it to nothing , and render it voidable or void , and that all the concessions to heresie and hereticks , and hindring their extermination were nugatory , and that such a written treaty carried in it , it s own deletion and that of hereticks , and that the bulla caenae every maundy thursday excommunicates and cur●es all lutherans , calvinists , hugonots , and their receivers , fautors , and defenders , and that the many immunities granted to hereticks by this peace as likewise lands and territories , and the erecting of bishopricks into secular principalities , and settling them on heretical princes and their heirs forever , whereby so much prejudice accrued to the roman catholick religion and the apostolick sea , would probably engage the pope some time or other to quash it as null , and to damn both the peace and all that made it . i answer , that within two days after the signing that peace , the popes nuntio at munster protested against it : declaring that he made that protestation by the pope's express commands : and on the th of november , pope innocent the th issued out his bull against it from rome called , sanctissimi domini nostri inn●centii divina providentia papae . x. declaratio nullitatis articulorum nuperae pacis germanicae , religioni catholicae , sedi apostolicae , ecclesiis aliisque locis piis ac person●s & juribus ecclesiasticis quomodolibet praejudicialium , ad aeternam rei memoriam . and he therein blames the emperor and his confederates and the most christian king , on the account of the perpetual abdication of some ecclesiastical goods and rights possessed by hereticks , and for their permitting to hereticks the free exercise of their religion by that peace , and their being further authorized by it to bear offices and enjoy not only church livings but bishopricks , and arch-bishopricks : and in fine , that pope having made it null and void , further declares , that if any have sworn to observe the articles of that peace , such oath shall not bind them . but what did this declaration from his holyness signify in that case ? no more than one from prester iohn would have done . the emperor and princes of germa●y did gloriously stand to their pacta conventa , and took care to see the same solemnly ratified and executed notwithstanding the papal declaration of their nullity . they knew the pope's nuntio would soon protest , and the pope himself declare against the peace : and had therefore in terms therein agreed , that no canons or special decrees of councils or concordats with popes or protestations , or edicts , rescripts , mandates or absolutions whatsoever should in any future time be allowed against any article of it . and they likewise knew that the pope's declaration of the nullity of that treaty would contain no threatnings of excommunication or damnation against their persons , but only quelques choses or things of course , or to speak more properly nullities of course : and that while all christendom was embarqued in that treaty and going with full sail , and favoured with a strong gale of nature into its haven of rest , and being to pass by the popes fort , and had resolved against lowering their flag to it , the pope would of course fire some bulls of nullity at them charged with no significant shot , and as it is usual for the forts of princes to do to ships that pass by them without paying the expected civility , and the shot from which is not valued by capital ships that pass by them with a strong gale of wind : and which perhaps think it not tanti to fire again upon the fort ; nor doth that perhaps throw away more shot on them . and thus stood this munster peace , wrought ( as it were ) by the consent of the crowned heads and states of christendom , and thus it stands ; and any who will look into the empire will find those pacta conventa as to the part of the emperor and princes of the empire outbraving the chances of time to this year ( how much soever the emperor may be supposed to have been steer'd by iesuites councils ) and likely still so to do , whereby the various rights and religions of princes and their subjects have been secured , and whereby we may see how unstudied those men are in the great book of the world , who think that popish princes will not go on in the course of their politicks , tho the pope should seem in earnest or in jest to stop them , and that they cannot tacitly reject the papal declarations of nullity , and yet continue civil to the pope and his church . the firm continuance of the munster peace to the year , is mentioned by the author of an ingenious book called , the interest of princes and states that year published , and which goeth under the name of mr. bethel , and where 't is moreover observed in p. . that among the lutheran princes the prince of hannover was lately turned papist , and likewise one of the house of the landgrave of hessen , darmestat and another of mecklenburg lately turned papist , but their countries do all continue lutherans , and among the calvinist princes he mentions the elector of brandenburg , but saith , his dominions are most lutherans , and where in p. . 't is his observation that of four popish princes of the empire , all their countries are lutherans , and saith , the princes in this country ( meaning germany ) have no great influence on their subjects in point of religion : and saith , that in several countries belonging to popish bishops and abbots , many lutherans and some calvinists have not only a right , but do also actually enjoy the publick exercise of their several religions without disturbance , and much more without persecution : and further instanceth in other places in germany where the proprietors are mixt of several princes , earls , free cities , and romish ecclesiasticks which causeth in each of them the like variety in religion , and some there being lutherans and papists and others being calvinists , lutherans and papists . and thus we see instead of the popes having nulled the munster peace cum effectu , the nulla fides servanda cum haereticis , hath been nulled in germany by popish princes , and which if they had not done , luthers aforesaid nulli estis had been their doom : and the empire it self had scarce been more than a substantial nullity , as i may say alluding to what vantius in his book , de nullitatibus makes such . in plain terms the germans had not else been now a nation , nor would the emperor again have been saluted by the grand signior , as i have in some of the comminatory letters from the port observed him called , viz. lord of few regions : and this any one ( i think ) will grant who shall consider that all the relaxation he hath had either of intestine troubles or foreign between the years and , hath made his circumstances as to power and riches appear but just proportionable for holding his own ( with the help of his neighbours ) against the turk . i have observed great right done to the emperors politicks in that peace , by a printed panegyrical oration made by henricus schmid , a famous professor of divinity in tubing , for the celebration of the munster peace , and wherein he saith , that the emperor preserved thereby at least the lives of eleven times a hundred and ninety two thousand myriades of men ( that is of thousand , hundred and millions of men ) and whereupon the panegyrist pronounceth , that the world was blest by a new aera from that peace : and some of the expressions in that oration for that purpose being very memorable , i shall here set down , viz. ferdinande caesar auguste , pie faelix triumphator , salve , faelicior iulio ca●sare qui gloriabundus fatebatur , undecies centena & nonaginta duo millia hominum praeliis à se occisa ; atque ita ut non veniat in hanc rationem stragem civilium bellorum , tua , imperator , quâ major esse non potest , gloria & claritudo erit , totidem myriadas aut plures non mactasse sed servasse . macte animo isto tuo , imperator , &c. tuis auspiciis novum calendarium iuliano longe melius ac emendatius orbi christiano exhibetur , quod pacis aera insignitur , &c. the panegyrical orator did in his calculation of the lives saved by the emperor , use more than poetical licence , as any one will probably think who shall read what sir w. p. in a printed discourse hath mention'd of critical persons having judged that there are but millions of souls now in the world : and according to some ingenious mens calculations i have seen in print concerning how much at a medium each head may be supposed to add to the riches of a state per year , and thence making each to be therefore valuable at l. sterling , the panegyrick may be said to have made the emperor preserve for the world by that peace hundred thousand hundred and millions of pounds sterling . but leaving so exorbitant a sum for the disposition and assets of dego's will , and ( raillery apart ) accounting the lives of the hundreds of thousands slain in germany on the score of the excommunication of princes and emperors , ( as i have in p. mentioned out of erastus and suitably enough to historical truth ) to have been valuable to the empire at but half of l. each , it may well be supposed that it was a very vast treasure that germany hath lost by its wars and preserved by its said peace . yet is there one way assignable from which it may be deduced that the value of what the emperor preserved was as much really too short , as from the panegyrists account it appeared extravagant ; and that is this , viz. the emperor by that peace having kept so many from afterward destroying their own souls by destroying others bodies , may be truly said to have preserved what was invaluable , we know who having judged it that there is no proportion between the wealth of the whole world and one soul. and now having by the deduction of the great fact proved the practicableness of the happy continuance of the luscious blessings of peace and unity of affections among princes and their subjects of different religions , i shall here in the close of the consideration of the same , entertain the reader with this last pleasant agreeable scene of it , which scene will represent to him the fair church built at fredericsburg by the present prince elector , one of the fairest churches in germany : and which was by him in our great year of fears and jealou●ies and fatal discords , namely , finished and dedicated to holy concord and vnion perhaps in contra-distinction to the term of holy church : and its dedication and consecration was with great devotion solemnized , and not without the choicest vocal and instrumental musick that could be thought proper to be used then , and with which the offices of the ceremony began : and the musick being over , there was an inaugural oration there made in the honour of holy concord , and of the dedication of the church to it . and after that , the prince elector ( who is a calvinist ) engaged doctor fabritius principal divine to his electoral highness , to preach there ; and in the afternoon of that day another sermon was there preach'd by a lut●●ran divine , and in the evening , another sermon was there made by a roman-catholick divine : and they all made pious and learned sermons in order to the propagating of holy concord , applauding therein the electors design , and with a most devout attention all those three divines were present at each others sermons . nor was any of his popish subjects then afraid that he would infringe the rights of the exercise of their religion , because the papal interest had been so active in bereaving his family of the bohemian crown as well as of its ancient rights , many of which are forever abdicated from it by the munster peace . thus on this rock of the munster peace was the holy concord of holy church-men discordant in opinions founded abroad by a prince allied to the crown of england , and whereby the opposite religionary opinors quitted their antipathys against each other , and the lion made under his government to lie down with the lamb , at the same time that we groaned under a judgment more opprobrious than that threatned to the iews in leviticus , namely , the sending of wild beasts among them , i mean that of our populace being frightened and worried with chymaeras and with chymeric ideas of all popish princes being bound to have the council of lateran by heart , and to observe it semper & ad semper , and without the latitude of prudence which the very definition of moral ver●ue makes essential to it ( as i may say with allusion to aristotle's sicut vir prudens eam definiret ) and to lose themselves in catching of tartars , and to have forgot the saying of solomon , that in the multitude of the people is the king's honour , and the want of people is the destruction of the prince , and with the idea of a heterodox prince swearing to maintain the laws and yet breaking them , and with another idea as horrid and monstrous , namely , that men might observe their oaths acknowledging allegiance to kings and their heirs and successors , and yet exclude their heirs and successors from the throne by a law. it was an observation worthy of the doctor of the gentiles , and which he inculcated to the corinthians , namely , that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the fashion of this world passeth away . i have in this discourse mentioned that in the year , the lateran council brought in transubstantiation as an article of faith , and decreed princes were to be compelled to exterminate hereticks : but the world hath been often transubstantiated since that time , and its substance that the apostle calls its fashion hath been ever in transitu : and the fashion of that lateran council is so far passed away that protestant writers are somewhat put to it to prove it to have been a general one . there was a scurvy fashion long since in the world abroad , and that was the fashion of mens sowing a piece of red cloth on their garments , when the monks had preached them into crusados , for the exterminium haereticorum , and by virtue of one of which crusado's bellarmine boasts that , of the albingenses were slain ; but that fashion hath been long left off in the world , and the world been since no more outraged by it than by the fraternity of the rosy cross , nor so much as our english world hath been by some who have troubled it about the sign of the cross. it was a saying of the old greek philosophers , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and the papal world is as to many of its politicks quite another thing from what it was . azorius in his instit. moral . observed in his time , that it falls out often that that which was not the common opinion a few years ago , now is . some of our timid protestants who do not know the papal , lutheran and calvinian world , because they see it not in the antique fashion they heard it was dressed in or or years ago , seem to have been asleep since the munster treaty , and to have dreamed that such fashion would never alter , and are like epeminides that the old fables mention to have fetched a sleep of fifty years , and who found himself lost in the world at his wakening , wanting the sight of the old fashion to shew him where he was . i have therefore a great compassion for those protestants who take the measures of their religion and politicks in a manner only out of the revelation , and who think that almost all the predictions of that book were made only for england , and that england was made to be governed only by their fancies , and their fancies to be given up only to fears of all ill fashions of things and principles in the world being unalterable , tho there be scarce a chapter in that sacred book but what refers to changes and revolutions , and to moving the unwieldy bulk of empires by unexpected and irresistable turns of fate . the old fashion of the popish writers asserting the right of the bishop of rome to take away hereticks lives by virtue of that branch of the iudicial law of the iews , deuteronomy th , hath been long exterminated by them . the words of the text are thus agreeable to the old latin translation , and he that out of pride shall refuse to obey the commandment of that priest which shall at that time minister before the lord thy god , that man shall by the sentence of the iudge be put to death : and the calvinistick fashion of founding the practice of hereticidium on the authority of the iudicial law is passed away . i have in this discourse represented the tenet of firing heretical cities , that is in the canon law founded on deuteronomy the th , to be chargeable on our late presbyterians , and that justly on the account of their having declared the iudicial law obligatory to us : and have shewed what calvin's principle and practice was pursuant to that law. the learned klockius a lutheran lawyer in his large volume de aerario l. . c. . n. . endeavours to acquit the divines of his religionary perswasion from the tenet of hereticide , and saith . nostri vero theologi ut capitali paenâ haereticos ( contrà quam plerique calvinianorum cum pontificiis censent ) affici nolunt , ita nec bonorum confiscationem , meo judicio , concederent : and pellerus in his notes on klockius refers to thuanus about servetus his case , and saith of him , igitur comprehensus , cum sententiam mutare nollet , re prius ex iohannis calvini consilio cum bernatibus . tigurinis , basileensibus & schafusianis ministris communicatâ , tandem ad mortem damnatus est . ejus doctrinam posteà calvinus ( quòd ei ex illius invidia conflaretur ) proposuit & publicato libro confutavit , quo in haereticos etiam gladio à magistratu animadvertendum esse contendit . but beza who was a calvinist , and in the first tome of his works , p. . asserts the lawfulness of punishing hereticks with death , cites not only bullinger , who was a calvinist , but melanchton , who was a lutheran , for the same opinion : and zanchius operum tome . lib. . in tertium praeceptum expresly owns that opinion . the fashion of the iudicial law of the iews in that point was certainly most proper for the body of their polity , as being thereunto adapted by the great legislator : but to say that all states and polities are bound to observe it , because god prescribed it to the iews , is as senseless , as to say that all men are bound to go cloathed in beasts skins , because god did apparel adam and eve in that fashion . i have in this discourse thought it of some use to the publick to have mens understandings disabused , as to the obligatory power of the iudicial law , because mens erring therein hath very much encreased the fermentations in his majesties realms in several conjunctures . it is not unknown that deuteronomy the th , and the th was urged to queen elizabeth , as an argument for putting the queen of scots to death . our kingdom hath likewise found by experience , that the fifth monarchy men , have not fired more guns against us out of the revelation , than the scotch presbyterians have out of the iudicial law. an excellent discourse called ▪ fair warning to take heed of the scotish discipline , printed in the year , and writ ( i think ) by arch-bishop bramhall , asserts in chap. . that it robs the magistrate of his dispensative power : and saith there , our disciplinarians have restrained it in all such crimes as are made capital by the iudicial law , as in the case of blood , adultery , blasphemy , in which cases they say the offender ought to suffer death as god hath commanded . and if the life be spared as it ought not to be to the offenders , &c. and the magistrate ought to prefer gods strict commandment before his own corrupt iudgment , especially in punishing these crimes which he commandeth to be punished with death . the books of the scotch discipline are there particularly cited by the author . i have been expressly cautious in the following discourse to exempt the reformed churches abroad , from the odium of those principles of the form●er scotch and english presbyterians that i have impugned as disloyal and seditious ; and was a concurrer with many loyal persons after part of it was written in thinking that time had untaught those principles to most of our present non-conformists : and notwithstanding the many seditious and libellous pamphlets published by some of them against the government both of church and state , yet such was the continuance of the candor of the kings ministers to them , as that some at the tryal of a poor seditious nominal protestant at oxford occasionally declared before that wretch , we know of no presbyterian plot. but as a popish ambassador sent to queen elizabeth began his audience speech wherein he was to complain of the turks having unprovoked broke their league with his master , erupit tandem ottomannorum virus , it happened that about the time of the finishing of this discourse , the poyson of some pretended protestants former seditious principles broke out again in a horrid conspiracy before mentioned , and which was confessed by several of the conspirators at their executions , and another of whom owned the doctrine of resistance . our blessed saviour cautioning the christian world in the words of , beware of false prophets , saith , you shall know them by their fruits . and our famous whitaker hath in his controversies well resolved us that these fruits whereby false prophets are to be distinguished from true , are rather their principles , interpretations and doctrines , than their lives , it being generally observed that the founders of sects are exemplary for the austerity of their lives , and for coming in sheeps clothing , as our saviours words are . what the principles of the non-conformists in king iames his reign were , i have shewn in this discourse , with a remark on the political consideration , that after the aera of the gun-powder treason induced them to give a scheme thereof voluntarily to the government , and namely , that they might thereby avoid the receiving a test from it : and no doubt it was obvious to them that while their principles were hid and concealed from the state , the warding off of faux his dark lanthorn would not have left the government secure , till it had likewise got the non-conformist● dark lanthorn from them , i mean by the publication of their tenets . of their principles shortly after , the scotch covenant was a sufficient scheme . and tho the tenets of presbyterians and independents relating to their forms of church government are enought known as is likewise the degree of their complicating principles of sedition with the same , between the years and : yet from that last year to this present one , they have not by the publication of any confession of faith or scheme of their tenets ; satisfied the government that all their principles are consistent with the civil polity thereof , and that they have renounced those former tenets of theirs that once destroyed it , and particularly that intolerably seditious one , viz. that if the magistrate will not reform the world , they may . but because several of their ecclesiasticks have not renounced the irreligionary part of their former principles ( and which were so destructive to the sacred persons of princes and their state and government , and of all humane society ) the vniversity of oxford in their convocation iuly st , anno . did to their great honour pass their iudgment and decree against certain particular books of non-conformists , and iesuites and others , wherein those tenets and principles were owned : and the very shewing of those tenets to the world by such learned and loyal hands , hath been ( i believe ) useful in making many of the loyal lay non-conformists withdraw from others of them they thought therewith infected ; a thing that might well be supposed naturally to happen when those of them to whom the term of sober party was most due , observed that the publication of the dissenters sayings and of the censure of their tenets , had not occasioned their leaders to publish other dissenters sayings , or tenets that impugned disloyalty and sedition , and promoted obedience to government , and what several writers of the church of rome have been formerly observed to do upon the worlds minding how much the principles of the iesuites had shook the thrones of kings , and as particularly father caron in his remonstrantia hybernorum hath done , and there citing popish authors who deny the pope's power to depose kings . and no doubt but dissenters late omissions in this kind , and commissions in another , will awaken the magistracy to require from all protestant recusants such an exact inventory of their tenets as hath not yet been given it : and the rather for that it is not by any dissenters denied that the sovereign is so far custos utriusque tabulae , as to be allowed to require all religionary parties to give him an account of their principles , and to live according to the rule of them . thus in the dutch states the magistrates of every place where any sect of the heterodox is tolerated , are religiously careful , first to inform themselves exactly of all their tenets and principles , and to see that they hold no opinion prejudicial to the constitutions of their government : and none doubts but that the entire body of the tenets or principles of the dissenters to the gallican church , is as conspicuous to that church and state , and indeed to the world as can be desired , the present agreement of which with the measures of loyalty i have shewn in this discourse . who hath there read the hugonots sayings published with any stain to their loyalty , or hath seen any of their tenets branded for sedition by an vniversity or college in france ? but our protestant recusants having had here the liberty by act of parliament to enjoy their peculiar ways of religious worship in their own families , with the toleration of four others of the same perswasion to be present , before all their principles and tenets have been notified to the government , is an instance of greater indulgence shewn by the government here to such heterodox , than ( i believe ) can be parallel'd in any country whatsoever . all dangers are naturally multiplied in the dark : and it is a diminution of our dread of the very iesuites principles , that they are generally known : but if the body of their principles were as much unknown , as are those of protestant recusants , yet would the publick be more immediately concerned in having first an accurate account of those of the latter , as being more numerous . it may be well thought a bankrupt church whose principles are latitant : and any mens begging from the magistrate indulgence to a principle of sedition , would be as shameful as the insolence of a beggar not only begging twenty pound ( as our comaedian said ) but begging a leg or an arm : and not like a mans asking me who stands in my way as i am travelling on the road that i would not ride over him , but that he may mount into the saddle whose principles direct him to ride over me . it was well observed by lipsius in his notes in seneca , that naturae quodam instinctu ea maleficia coercent homines & puniunt quae societatem convellunt . but as to any out-rages from any religionaries which are either prejudicial to the bodies of particular persons , or even convulsive of the bodies of states and kingdoms ( and to which the actors might be inclined by their particular heats , and not the general light of their avowed principles ) i account that complaints against such will soon evaporate into air or be buried in earth , and with some allusion to the words of , let the dead bury the dead , i may say , let plots bury plots , and shams shams , and let any seditious protestants and seditious papists on the compensation of their crimes forbear troubling others by calling one another criminals ; and the figure of the body of their parties can no more be altered by the unevenness and exorbitance of the actings of particular persons , than is the rotundity of the earth by the ruggedness of rocks or protuberance of mountains . and that where one papist goeth out of the world at the back door of justice , for the treason of clipping and coyning , twenty of the more numerous body of the protestants do so , is not to be wondered at : but the id ipsum to be regarded in any reflections made on a religion by occasion of its criminals , is its principles : and if it could be proved that any caetus of men were allowed by the church of england to assert the lawfulness of that treason , ( as both papists and presbyterians have the lawfulness of the doctrine of resistance ) that indeed would have the weight of a just reflection on our chvrch . tho several dissolute and nominal protestants may possibly have invented and forged as many shams and calumnious accusations against other protestants and papists , as if they had believed the practice of calumny to be lawful , yet hath any of them published in print the tenet of the lawfulness of it ; or its being a poor peccadillo ? who knoweth not that some particular divines of the church of england by the turbulence of their several dispositions , have enflamed differences and divisions in our church and state ? but who can charge them from doing this by communication of councils with their superiors , and by instruction from them ? were any of them charged by proclamations for doing any thing of that nature , as some popish recusants were by his majesty 's of ian. . . for chiefly occasioning the intestine divisions among us , and by his majesty's proclamation of december d , . for fomenting of differences among his loyal protestant subjects ? but yet this fact tho thus by the government charged on some ill men of that religionary perswasion would not have moved me to reflect with the lea●t heat on the order of iesuites in this discourse ( by whom so many of our roman catholicks are conducted ) but for their own proclamations of their principles in their books , and particularly as to the point of calumny , the only engine by which divisions could be wrought among protestants ; and but for their setting up that doctrine heretofore , without leave from the pope's canon law , and backing it with another to fright any fools or knaves from disparaging or even calumniating them , and for their making use and application of these doctrines since the pope had damned them by a proclamation , i mean his edict of march : and but for father parsons having so scandalously exposed the narrowness of his soul , and the poor ideas he had of humane nature , and even of the character of a gentleman by saying what i have in p. . cited out of his book of the succession , viz. that many iealousies , accusations and calumniations must needs ●●ght on the party that is of different religion from the state and prince under whom he lives . as there is very little in this discourse that reflects on any principles of the romanists that may be called religionary , so neither have i troubled my self to attacque the tenets of the society of the iesuites , and of other casuists condemned by this pope , that do not hominum societatem convellere , and it may well be supposed that i having partly grounded my conjectures of the happy future state of england on the former fashion of polemical writing being passed away , could not be much tempted to controversy . the iesuites and casuists may still hold the d tenet branded in the pope's ●ecree as long as they will , without any disturbance from my pen , viz. faith in its large sense only from the evidence of the creation , or some such motive is sufficient for iustification , and so likewise the th tenet there , viz. frequent confession and communion even in those that live as heathens is a mark of predestination , and many other tenets there relating to religion , and which the pope with so great a pastoral sollicitude hath damned as at least scandalous and pernicious in practice , and hath prohibited to be defended by any under the pain of excommunication , ipso facto . but there are other tenets by him in that decree condemned , that i have in this discourse dilated on as convulsive of humane society , which the pietas in patriam occasioned in me such transports of passion against , that i wished he had signalized with sharper words of censure than those beforementioned , and that i thought the excommunicatio major with the ceremony of lighted torches too little for , and even an ordinary anathema in their case to be a complement or a kind of sham censuring them as abominable and not good , or somewhat like the censure pro formâ shot off against the munster peace : and i supposed that if he had sentenced them to be absolutely in themselves evil , he would have satisfied every one that he had put the world out of their gun-shot by his putting it out of his power to dispense with them . however finding that decree of great moment to christendom , and yet by the generality of papists or protestants to have been not much more regarded than are the copies of the dialogues between pasquin and marphorio that come here , i have deliberately surveyed it and done it what right i could . and by occasion hereof do here call to mind a remark on the papacy i met with in a pamphlet of one of our dissenters , viz. that if the pope were a good man , he might do a great deal of good . tho for sometime after i had begun this discourse , i was somewhat a stranger to the great character of the present pope , ( and so continued till reading the preface of dr. burnet's very learned book of the regale , i sound he there celebrated him in these words , viz. that he is a man of great probity , and that on his advancement to the papacy , he conceived a very ill opinion of the whole order of the iesuites , ) i since found cause from the universal concurrence of all impartial men about the same , to have the firmer opinion of the quiet of england , and do expect from the influences of such a pope on the loyalty and religion of the roman catholicks of england , some advance of its happiness . tho most men may have only little ideas of the deity as of somewhat above the clouds , that as a great cypher only surrounds the world , yet the wiser few who have particularly observed the watchful eye of providence over the critical passages , and windings and turnings in their own lifes , cannot but be sensible that in the designation of persons at stated times to be at the helm of the church of rome , ( and who are necessarily to have so great a share in the external , and a much greater in the internal government of the world ) the great governor of it , and preserver of men is no unconcerned spectator . it is ( i think ) most highly probable that at a time when the world being filled with the jesuites principles and casuistick distinctions , vertue it self was grown an empty name , and the casuists project of finishing transgression , and making an end of sin in a subtle way and contrary to the plain method intended by our saviour , had in a great part of the world almost finished the most vital part of christian religion , i mean plain and downright morality , and at a time when some virtuosi in italy and elsewhere half-witted and half atheists taking it for granted that in what hearts soever the jesuites and casuists religionary model had prevailed , the simplicity of the gospel was extinguished , were observed to talk of albumazar's fond prediction of the christian religion lasting but about years , and criticising of the time from whence its promulgation and likewise the promulgation of those casuistical tenets bore date , did prophanely insinuate their miscreant-conceptions of the christian religion not lasting till the time assigned in the scripture for christs surrendring his mediatory kingdom to his father . i say it is most highly probable that at such a time ( and when the jesuites interest too , had so much prosperity as to tempt them to think that the mountain of their religion should never be moved ) that nothing less than the great vertue and courage of this pope appearing by his said decree could secure vertue it self and the true christian morality ; and give the world occasion to say with some alteration of the question put to esther , viz. who knoweth not that he is come to rome ' s see for such a time as this is ? the mountainous heap of rubbish in the iesuites and other casuists principles ( and even in the canon law ) appears very stupendious to the world , but considering the christian heroical acts of this pope ( and who for his severity against the abuses of indulgences , hath been by some papists called the lutheran pope ( as i said ) and for his anger against the jesuites principles been called the iansenist pope by others ) i think another great question in the prophet zechary may be here not improperly applied , viz. who art thou o great mountain before zerubbabel ? little did the iesuites think that when they crowned the papacy with a double crown , i mean of its infallibility in law and likewise in fact ( a crown much more glorious than its triple one ) any pope would ever uncrown their principles and expose their baldness to the world : and little do they who fear that ever this pope will occasionally dispense with any mens practising these principles , think of the security they have against the same from his inflexible virtue and perfect antipathy to injustice , and which are judged to be so inherent in his nature that i shall here occasionally say that as i was somewhat a stranger formerly to the character of this pope , so i believe some of the plot-witnesses were that reflected on him so ignominiously : for undoubtedly had it been understood by them , they would never have thought their credibility could have out-lived their first attacquing it . it may possibly be here objected by some critical inspectors into the late papal transactions that alexander the th ( as this pope observes in the beginning of his said decree ) did first damn some of the iesuites principles , viz. in the year , and that guymenius shortly after in that year appearing in print as a champion for the principles so damned , the college of sorbon shortly after that damned the work of guymenius in the th of may the same year ; and that in the latter end of iune so shortly following in the same year , the same pope alexander the th , damned that very sorbon censure of guymenius ; and that therefore 't is possible the great scene of vertue appearing in this popes said decree may with a short turn of apostolical power receive too the fate of pageantry and presently disappear , and that the great mountain which his faith hath removed into the midst of the sea , may in little more than the twinkling of an eye return to its old place . but in answer to which i shall do that right to the papacy to clear the mistake in the objection , and inform the reader that tho alexander the th did ex cathedra , damn that sorbon-censure as aforesaid , yet it appears out of the condemnatory bull it self , that what that pope there did was not out of favour to guymenius or the iesuites themselves or their tenets : and that to satisfie the world in that point he there gives the reason for his damning the sorbonists censure , namely , because it intermedled in censuring some other propositions or principles of the jesuites that concerned the authority of the pope , the iurisdiction of bishops , the office of the parish priests , and the privileges granted by popes ; and but for the sorbons complicating which with their censure of the other scandalous principles of the iesuites , no doubt but the sorbon censure had stood as a rock unshaken . let therefore such who fear every thing , fear that this great pope will after his said condemnatory decree appear , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or self-condemned , while i observe it for the honour of his iustice that he made that decree , and for the honour of his prudence that before nature had caused the detestable principles therein censured silently to evaporate , he gave the world this loud warming of them , as it likewise may be for the honour of that great seminary of the divines of our church of england , our university of oxford observed , that before the seditious principles and tenets of iesuites and some dissenters came to be naturally exterminated out of the english world by fear and shame , they notified them to this age , and to posterity . there is no subject that hath since the year , more employed the english press than that of liberty of conscience pro and con : and the fiercest and sharpest of the writings concerning it , were what passed between the independents and presbyterians on the occasion of presbytery's great effort , to make the english nation by one short general turn proselyted to its model , and when it pushed for the auspicious fate of former great religionary conversions happening as it were simul and semel , and when nations seemed to be like the hyena , which having but one back-bone cannot turn except it turn all at once . but the independents observing the kingdom and presbytery frowning on one another , thought they could do nothing more popular than to take the arguments they found in the many pamphlets of the presbyterians lying on every stall for toleration under the old hierarchy , and turn them upon presbytery , and every one then who had fears and jealousies of the arbitrariness of presbytery , seem'd to be a well wisher to those books for liberty of conscience ; and the destroying of the credit of presbytery by books that had so much contentious fire in them , was really an acceptable sweet-smelling sacrifice to the nation . and after the king's restoration tho some few books were writ of that subject ( and with much more candour than the others ) yet the yoke of the king 's ecclesiastical laws was so easie to the people , as that the writing of books against it was not encouraged by popular applause . the king's declaration of indulgence afterward appearing ( and as not gained by dint of pen but ex mero motu ) was applauded by some few particular writers among the popish and protestant recusants discoursing in print at their ease , of liberty of conscience . but as if nature meant that books of that subject should no more here divert the curious world , the empire toleration had thereby gained , did presently labour under its own weight , and the non-conformists being jealous of that declaration proving a president of the prerogatives suspending acts of parliament in general , and suspecting that the popish recusants would have the better of that game , as supposed to have many great court-cards here and abroad in the world and likely to have more , while the protestant recusants had not so good in their hands ( tho yet they had here what amounted to the point in picquet , i mean the advantage of their numbers ) did presently thereupon cause all the cards to be thrown up : but first had in concert with the dealers provided for the packing them to their own advantage in a new deal . in plain english , some loyal persons and firm adherents to the church of england in the house of commons , thinking that declaration illegal , ( and whether justly or no , i here presume not in the least to question ) endeavoured tanquam pro aris & focis to get that declaration cancell'd , and knowing they could not effect the same without the help of the dissenters party in parliament engaged their help therein , by giving them hopes to carry an act of parliament for their indulgence : but what a little fore-sight would have made appear to them impossible to be gained , for many considerations too obvious to be named . and the natural result of this fact ( which is on all hands confessedly true ) cannot but be the making of the former fashion of polemical writing for liberty of conscience to pass away . we have since seen some few florid sheets published by some of the dissenting clergy on that subject , but they have made no other figure then that of the poor resemblances of flowers extracted by chimical art out of their ashes : and any little shaking them in the glass of time must make them presently fall in pieces . i have in this discourse expressly owned my having no regret against any due or legal relaxation of the penal laws against recusants : but what any due or legal way may be therein , i enquire not . the power of the king in dispensing with the penalties in case of particular persons was not ( that i hear of ) in the least controverted in the debates of the commons about that declaration . and fuller in his church history relateth , that when bishop williams was lord-keeper , there was a toleration granted under the great seal to mr. iohn cotton a famous independent divine , for the free exercise of his ministry notwithstanding his dissenting in ceremonies , so long as done without disturbance to the church : and the lawfulness of which particular indulgence ( i suppose ) none in that age controverted , as i think none would any thing of that kind in this . but if this question of toleration had not here been at the end of its race , and if no such thing had happened as the declaration of indulgence , and dissenters thereby manumitted from penal laws saying , soul take thy ease , and presently acting the part of felo de se , by effecting the cancelling of that declaration , and if the controversy were now to begin to start forward , i account it would cause but a very short fermentation among us . for no books need be writ to prove the lawfulness of what an act of parliament hath permitted to every private family , and to a certain number of other persons to participate therein with them . and if dissentership would now call for more toleration , it s very being called on to name its tenets in order ●o the security of the government in granting it to more persons to assemble together in enjoying it , it s very naming them would ( i believe ) soon perimere litem in the case : and some of its tenets would perhaps appear too little , and others too great to require the formality of debate . it is even ridiculous to suppose that any iesuites and dissenters would now dare to demand toleration for the principles of the crown-divinity of each , mentioned in the oxford censure . none of them would now dare to be confessors of religionary principles that would make kings martyrs . and as i think that the pope needed not crave aid from his vatican , nor the oxford-convocation from their bodleian library to confute monstrous tenets condemned by either ( for in this case according to the words of tertullian advers . valent. demonstrare solummodo , destruere est ) so i likewise think that both popish and protestant recusants will be ashamed to crave aid of toleration from the magistracy for principles they are ashamed to own , or indeed for any but what they shall first own , and the rather when our protestants shall recollect with what vigorous expedition the great owners of that name in germany , published their religionary confessions , as alsted tells us in his chron●logia testium veritatis , where he makes mention of the augustan confession , tendred to charles the th , and the states of the empire in the year , and of the confessio suevica in the same year , and of the confessio basileensis in the next year , and of the confessio helvetica in the year , and of all the other great protestant confessions exhibited severally to the world before the year . such of our dissenters therefore who have to this year , made it their business to be anti-confessors by hiding many of the particularities of their principles , and giving the world cause perhaps to say , difficilius est inven●re quàm vincere , and who yet assume the name of protestancy , will perhaps hardly think it possible for them to gain toleration for their further being called by that name , without shewing the title of their principles to it . as on the account of what i have said it would be a persecution to the world , for the most ingenious men to trouble it with discourses of the lawfulness of toleration , so it would too be to trouble it with discourses of the unlawfulness of denying toleration to men who either deny their principles , or deny to give an account of them : a duty that can plead as clear a jus divinum for it self as any form of church government , and by vertue of which christians are to be ready always to give an answer to every man that asks them a reason of the hope that is in them , with meekness and reverence . there are some principles to which it is by all agreed , that 't is unlawful to give toleration , namely , to those that disturb civil society ; nor would it appear otherwise than ridiculous to the hoodwink't sober party of any sect , that when the magistrates reprove them in those words of our saviour , yee worship yee know not what , the magistrates by tolerating them at that time should give cause to others to tell them , yee tolerate yee know not what . i have observed it in the course of my reading , that there is one great point of religion on which the hinge of loyalty doth very much turn , that several eminent papists and non-conformists , have not dared to speak their plain agreed sense of , and as to which it may therefore seem very rational that they should , and that is , how far the civil laws of princes or the municipal laws do bind the conscience , a point that the council of trent could not be brought to define ; and herein 't is obvious to consider that tho 't is on all hands granted that in any thing contrary to the divine law natural and positive , those laws do not bind the conscience , and that the jus divinum of the papacy , presbytery , or independency would not be caught with a why not , on the holding the question in the affirmative , that humane laws do bind the conscience in things not contrary to the law divine , yet are the adherents to those religionary models conscious to themselves , that in many particulars necessary to bring them into practice , there must be a sanction of th●m by penal municipal laws , and they hoping to have the magistracy and its power on their side , and to act in concert with them according to that saying of the emperor to his bishop , iungamus gladios , and knowing that the authority of the magistrate to support both religion and loyalty , and for the custody of 〈◊〉 tables , hath as clear a jus divinum as their plat-forms can have , and that therefore the civil power 〈◊〉 not let its jure-divinity be taken too by any with a why not ( as it would be if the question were held wholy in the negative ) they have in their writings been generaly obscure and short in that point , and have hoped by their power and interest to keep the world from calling on them to explain . but i have in my occasional converse with some of the most learned of the non-conforming clergy observed them in discourse to speak out their minds plainly and categorically enough that humane laws do not bind the conscience , and to account it an absurd thing to make any penal law bind the conscience even in matters purely civil , and wherein there is no pretence of any things enjoyned concerning the worship of god , and yet where the things under penalties enjoyned are of great importance to the state. the men of somewhat hot rather then distinguishing heads , tho they know that humane laws are necessarily penal , and tho they believe that oeconomics do best subsist by their wives and children and servants , being bound to observe those their lawful commands by the tye of religion that they intended should be effectually obeyed , have not considered that politicks would likewise thereby be best preserved , nor learned to distinguish the penal laws where the magistrate intended to oblige the subject in point of fault , and where only in point of the penalty : but our clear-headed and loyal hearted sanderson who may well come under the account of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as to those opiners , hath for the honour of the church of england's principles in his th lecture ( and there de lege paenali ) well taught us in what cases penal laws oblige in conscience ; and shewed that they may so bind where the legislator did intend to oblige the subject ad culpam etiam & non solum ad paenam : and in that case saith he , certum est eos teneri ad observandum id quod lege praecipitur , nec satisfacere officio si parati sint poenam lege constitutam subire , and where he further saith , that the mind and intention of the legislator is chiefly seen in the proeme of his law , in quo ( saith he there ) ut acceptior sit populo lex , solet legislator consilii sui de eà lege ferendâ causas , & rationes expo●e●e quàm sit lex iusta , quam fuerit tollendis incommodis & abusibus necessaria , quàm futura sit reip. utilis . there is a particular principle of moment worthy of the magistrates survey , that relates to the gathered churches , and that is a principle made a necessary ingredient in the constitution of of those churches by a divine of the same authority among them , as bishop sa●●erson is in the church of england , and whom i occasionally beforementioned , and that is ▪ mr. iohn cotton b. d. who in a pamphlet of his printed at london in the year ent●tuled . the true constitution of a particular visible church proved by scripture , wherein is briefly demonstrated by questions and answers , what officers , worship and government christ hath ordained in his church ( and in the title-page whereof is this place of scripture , viz. jer. . . they shall ask the way to sion with their faces thitherward , saying ▪ come let us joyn our selves to the lord in a perpetual covenant that shall not be forgotten ) in p. st , makes his first question , what is a church ? and the answer is , the church is a mystical body whereof christ is the head ; the members and saints called out of the world and united together in one congregation by an holy covenant , to worship the lord and to edifie one another in all his holy ordinances . and in another book of his printed at london in the year called , the way of the churches of christ in new england , his third proposition is this , viz. for the joyning of faithful christians into the fellowship and estate of a church , we find not in scripture that god hath done it any other way than by entring of them all together ( as one man ) into an holy covenant with himself to take the lord ( as the head of the church ) for their god and to give up themselves to him to be his church and people : which implies their submitting of themselves to him , and one to another in his fear , and their walking in professed subjection to all his ordinances , their cleaving one to another as fellow members of the same body in brotherly love and holy watchfulness unto mutual edification . he there partly props up the obligation of this church covenant on the iewish oeconomy mentioned in the book of deuteronomy and other places of the old testament . the reasonableness of subjects not entring into religionary covenants without the consent of the pater patriae , may be inferred from the old testament , where in numbers c. the parent hath a power given for the controuling of the childrens vows not enter'd into by his consent ; but since these principles of a new church covenant may seem to introduce a new ecclesiastical law without the king's privity and consent ( a thing that if our very convocation should presume to do , would bring them within a praemunire , ) and since the whole power of reforming and ordering of all matters ecclesiastical is by the laws in express words annexed to the imperial crown of this realm ( and particularly by the st of elizabeth ) and since that it hath been said , that even without an act of parliament , a new oath or covenant cannot be introduced among the king's subjects , and moreover since all the famous religionary confessions of the protestant churches abroad , assert nothing of any such church covenant , and since covenants and associations have lately heard so ill in the kingdom , i think the nature and terms of this independent covenant ought to be laid as plain before the eye of the government as was the scotch presbyterian one . those words of mr. cotton of the entring them all together as one man into an holy covenant , carry some thing like the same sound of one and all , and tho their thus entring into it to take the lord as the head of his church for their god , and to give up themselves to him to be his church and people , may be a plausible beginning of this new church covenant in nomine domini , yet the following words , of submitting themselves to him and to one another in his fear , and their cleaving one to another as fellow members of the same body in brotherly love and holy watchfulness , are words that ( i think ) the magistracy ought to watch , and to see that dissenters have a very sound form of words prescribed to them in this case , if it shall think fit to have the same continued . i have found the assertion of a church covenant as essential to the form of a true independent church in many other of their books , and do suppose that this covenant being laid as corner-stone in the building of their churches by divine right , it must last as long as independency it self : and of its lasting still , i met with an indication from a loyal and learned official of the court-christian , who told me that tho several of the dissenters called presbyterians have been easily perswaded to repair to the divines of the church of england that they were admonished to confer with , and had upon conference with them come to church and took the sacrament , yet he thought that some of another class of dissenters were possessed with a spirit of incurable contumacy , by reason of their principles having tied them together to one another by a covenant . and if it shall therefore appear to the magistrates that they are thus conference-proof and ( as i may say ) reason-proof by vertue of their covenant , it will then be found that no one m●mber of a gathered church can turn to ours , without the whole hyena-like turning , and perhaps some of the lords the bishops may think it hereupon proper humbly to advise his majesty to null by a declaration the obligation of this covenant as his royal father did that of the presbyterian covenant . in the mean time the consideration of the principles of independecy thus seeming to have cramp'd the consciences of its followers with a covenant ( that is at least unnecessary , and must naturally be a troublesom imposition to men of thought and generous education who love to perform moral offices without entring into covenant or giving bond so to do ) may serve to let men see how the pastorage of the church of england treats them like gentlemen , and may serve to awaken their compassion for their deluded country-men whom they see fr●ghtened by their teachers into a fancy of the unlawfulness of a ceremony , and yet embolden'd by them into the belief and practice of a covenant without the king's consent , and from which persons we should perhaps quickly receive alarms of persecution , if the government should impose any covenant or test on them in order to loyalty , tho never so necessary for the publick peace . but the world is aweary of the umbrage sedition hath found among denominations of churches , and of judging of trees by their shadows , or otherwise than by their fruit , that is by their principles : and for the happiness of the present state of england , after we have by many religion-traders been troubled with almost as many marks of true and false churches as there are of merchants goods , nature seems to have directed the people to agree in this indeleble character and mark of a false church , namely , one whose principles are disloyal . the genius of england is so bent upon loyalty in this conjuncture , that a disloyal principle doth jar in the ears of ordinary thinking men like a false string in the ears of a critical lutenist , and the which he knows that art or nature can never tune : and upon any churches valuing themselves on the intrinsic worth or the weight of their principles as most opposite to falshood , men generally now take into their hands the touch-stone and the scales of loyalty , and do presently suspect any church that refuseth to bring its principles to be touch'd and weigh'd , and they will not now allow the reputation of a visible church to any body of men , whose principles relating to loyalty , shall not first be made visible . nor can it be otherwise thought by the impartial , than that mens consciousness of somewhat of the turpitude of some of their principles , restrains them from bringing them to appear in publick view , and according as cicero in his de fin . bon . & mal . answers epicurus ( who said that he would not publish his opinion lest the people might perhaps take offence at it , ) viz. aut tu eadem ista dic in judicio , aut si coronam times , dic in senatu . nunquam facies . cur ; nisi quod turpis est oratio . i who thus urge the reasonableness and necessity of mens being confessors of their principles of loyalty , have frankly exposed one of mine own in p. . and which i say there that i account the great fundamental one for the quiet of the world as well as of a man 's own conscience , viz. that no man is warranted by any intention of advancing religion , to invade the right of the sovereign power that is inherent in princes by the municipal laws of their countreys : and i have mention'd the same in p. . as owned by the non-conforming divines in king iames his time . tho i believe as firmly as any man , that the christian religion doth plainly forbid the resistance of authority , and that his majesties royal power is immediately from god and no way depends on any previous election or approbation of the people , yet since the sons of the church of england are sufficiently taught both that doctrine , and likewise that human laws in the point of their allegiance do bind the conscience , and since other men who err in principles of loyalty may sooner be brought to see the absurdity of their error by the known laws of the land , than by argumentations from scripture which may admit of controversy , and since his majesty hath been pleased to expect the measures of our obedience from the laws , and that our english clergy while in the late conjuncture they have so universally preach'd up loyalty , have so religiously accorded with the measures of the laws , and have therein ( as i may say ) shewed themselves apostolical pastours , and since the persons whose complaints of the danger of popery are most loud , do joyn therewith their exclamations against arbitrary or illegal power , and seem to joyn issue in the point that they are willing that the power that is by law inherent in the crown should be preserved to it , i thought it most useful in the present conjuncture to assert the principle in these terms i have done : and i the rather chose to do it , because i thought that the security of the crown is by some laws well provided for , whose obligation admits of no doubt , i mean , those whereby men have been obliged to take the oaths of allegiance and supremacy . but moreover as i consider'd it to be one great valuable right inherent by law in our princes to secure the continuance of the succession in their line , so i likewise judged the legal right of princes to succeed according to proximity of blood , to be unalterable , and therefore having my eye on the prevention of further scandal to protestancy from the exclusion , i introduced that principle so worded as aforesaid , that by dilating thereon as i have done , i might bring the reader the better prepared to my casuistical discussion of the oaths . the reader will find at the end of this discourse the casuistical discussion of the obligation to the king's heirs and successors resulting from the oaths of allegiance and supremacy , by me promised in p. , and the occasion of my writing which is likewise there mentioned . it was wholly writ in the time that the question of the succession made the greatest noise among us and was then by me communicated to several of my friends in terms as herewith printed without any thing since added or diminished , and both it and the discourse ( which contains so many things naturally previous to the consideration of that question ) would have been long since published ▪ but partly for the various accidents of business and sickness that necessarily interrupted me in the writing of the latter . and tho perhaps the publication of the former in the time of the sessions of our late parliaments , might have been more significant , than after the volly of loyal addresses shot of manifesting the general just zeal against the exclusion ( of which addresses i yet observed none to mention any thing of the obligations to allegiance to the king's heirs and successors from the oaths of allegiance and supremacy ) it may be said that the subsequent births of fate have not restrained the possibility of its usefulness in future times : and tho heaven may be propitious to our land in the blessing it according to the loyal style of the addresses , namely , in his majesties line continuing on the english throne as long as the sun and moon endure , yet many and many may be the conjunctures when a supposed heterodox prince shining like the sun in the firmament of the english state , and regularly moving in the line of the law and his own religion , may attract the dull vapours of fears and jealousies again , as another glorious prince hath done , and the exhalations of which may cast such mists before mens understanding faculties as to hinder them from seeing their way in the observance of the oaths they took : and therefore as a 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or premuniment ( as i call'd it ) against our being future enemies to our selves , and against poor little mortals ( as it were ) standing for the office of conservators of gods glory , while they are losing their own souls by perjury , and against some loyal timid people troubling themselves with falling skies and fears of gods not upholding his church ( just as galen tells us of a melancholy man who by often reading it in the poets how atlas supported heaven with his shoulders , was often in a panic fear least atlas should faint and let heaven fall on mens heads ) instead of taking pains to uphold and maintain their oaths which they swore to god in truth and righteousness , it may perhaps be always of importance to our english world to have right notions of the obligation of those oaths left behind in it . when i have read many of the late pamphlets against the succession ( the venom of which was stolen out of doleman's alias parson's book ) and have often considered that the government in king iames's time ▪ might we ll be apprehensive of the mischief that book might do with its poyson , and perhaps with its sting in following ages , i have then wondered why none was employed to answer it throughly , a thing that i do not find was ever done , unless it may be said that an answer to the st part of it was in the year published by sir iohn haward , and that its d part hath been confuted by some loyal and learned persons since the late conjuncture of our fermentation , and in which time that book of parsons was reprinted . i am sorry that that book and some others of father parsons were in some part of king iames's time answered as they were by the real characters of severity that then fell on some innocent papists , and who ( i believe ) were abhorrers of the sedition his books contained , and on whom dr. donne's pseudo-martyr , printed in the year , reflects in the advertisement to the reader saying . that his continual libels and incitatory books have occasioned more afflictions , and drawn more of that blood which they call catholick , than all our acts of parliament have done . and with a just respect to the learning in sir iohn haward's answer to the first part of that book , and by him dedicated to king iames , it may yet be wished that with less pomp of words and greater closeness of argument referring to the principles of internal justice and natural allegiance and the lex terrae , he had shewn the perfect unlawfulness of defeating the title of proximity of blood in the case , and instead of so much impugning the book by references to the civil law , and old greek and latin authors making for monarchy in general , or even by the places cited out of the old testament favouring primogeniture : and indeed i do not find among all our late writers for the succession , that so much as one of them by so much as once quoting this book of sir iohn haward ( tho so common ) hath thence brought any aid to their noble cause . but however the oath of allegiance ▪ having been enjoyned since the writing of sir iohn haward's book hath given an ordinary writer the advantage of bringing the cause of the unlawfulness of disturbing the course of succession to a quicker hearing and speedier issue in the court of conscience , which is the point i have endeavoured to carry after the end of this discourse , leaving it to candid men to judge of the sincerity of my performance therein , and of my fair stating of the question and the deducing genuine propositions from it so stated , and which shall yet be reviewed by me when i come to review this discourse . the truth is when i began it , i observed the generality of men who writ against the exclusion-bill with a great deal of good law , history and state-policy , did shew both their learning and their loyalty , and did very usefully set forth the dreadful confusions it would introduce and perpetuate in the state : and the illegality and indeed nullity of any exclusion ( tho by act of parliament ) was by them likewise usefully shewn : but yet i think it would have been some scandal to the present age if it had passed away without transmitting to the next some instances of protestants who had leisure to write , writing of the unlawfulness of such a bill with relation to our oaths of allegiance and supremacy ; and i was sorry to find that when the late loyal and learned bishop of winchester had afterward appear'd as the first d●vine who in print asserted , that the exclusion of the right heir was contrary to the law of god both natural and positive , and that such exclusion was against the law of the land also , his judgment in his book called the bishop of winchester ' s vindication given so learnedly in the point , seemed to so many of our new pretenders to loyalty and to conformity to the church of england , to be a kind of a novelty . but yet i observed that that learned prelate thought not fit there to strengthen his assertion of the unlawfulness of such exclusion , by the oaths of allegiance and supremacy . nor did i observe that among all the loyal writers for the succession , i had met with from first to last , any one had surveyed the question of the unlawfulness of the exclusion resulting from our obligation by the oaths of all●giance and supremacy , ( tho yet some few of them hinted the thing in general and were still answered with the haeres viventis ) till at last another divine , namely , dr. hicks , vicar of all hallows barking and dean of worcester , honoured both himself and the question by taking notice of it in his iovian , and in the preface to a sermon of his printed in the year , and entituled , the harmony of divinity and law in a discourse about not resisting sovereign princes : and he in the d p. of that preface observes , that some men did pervert the meaning of the word heirs in the oaths of allegiance and supremacy , from its common and usual acceptation to another more special , on purpose to elude the force and obligation of them , which otherwise they must have had upon the consciences of the excluders themselves . the doctor had made himself master of law enough to master the true notion of the point , and did in his preface exorcise the fantom of haeres viventis , a noon-day spright raised by one who was thought a great conjurer , and which had before haunted the question , and had affrighted so many from lodging their thoughts in it . and tho no other of our divines ( that i have heard of ) writ of the same , nor any of the layety otherwise than starting the notion of it in print , yet considering the great weight of his learning and reason with which in his iovian and that preface he directed so many in the obligation of their great oaths , i will so far prefer his labours to all that writ before of the succession , as to say of him in those words of the apostle , he hath laboured more abundantly than they all . that which i have writ thereof was finished some years before what the doctor published about the same , as several of my friends know , to whom i gave copies of the same , and with an injunction of printing it , in case of my death : and i have since added nothing to what i writ , nor shall till i proceed to the review of the discourse : but had otherwise for the honour of my judgment , therein concurring with so learned a mans , respectfully cited somewhat thereof in my discussion . no doubt but there were many loyal and judicious and learned men that in the late conjuncture had the same sense with the doctor , concerning the obligation of those oaths , tho they had not time to publish the same by the press ; and i have in p. referred to what a very learned and honourable person urged from the oaths of allegiance and supremacy , in his speech against the exclusion-bill in the house of commons , and to which i have mentioned somewhat of a reply there made by sir w. i. in that house , and of the prodigious applause that reply found from many persons there . but in that speech of sir w. i. there was another thing said , and which being spread about the kingdom , had the effect of thunder from an oracle , and kept thousands from daring so much as to deliberate of the obligations resulting from the oath of allegiance , to oppose the exclusion . his words i refer to for this , were to this purpose , viz. it is urged also that we are sworn to the king his heirs and lawful successors . it is true we are so : but not obliged to any during the kings life but to himself . for it were treason if it were otherwise . it was in vain at that time for any discourser to hope by fair and gentle principles of reason to open the wards in the locks of mens consciences , and to let in there a true sense of the allegiance sworn to the kings heirs and successors , when so great a pick-lock of the law had made it treason . yet never was i mortified with a greater example of humane frailty than by the sense of so great a number of knowing persons in that loyal parliament being so suddenly infected with the error of that insinuation , from a single demagogue who had never been bred up to logic , which yet caught the understandings of the majority of the representatives of the commons of england , in the trap of a little sophism ; and when an ordinary lease drawn by a lawyer 's clerk might shew one that the lessee at the time of the perfecting it , actually enters into a present obligation both in law , equity and conscience to pay his rent to the lessor his heirs and assigns as it shall become due to each respectively , and which when the lessor dies or assigns his interest , is to be paid to the heir and assign then and not till then . but as tully who had as great a veneration for the constitution of the roman government , as i have for that of our english one , said in his oration pro l. murena , that nihil est fallacius ratione totâ comitiorum , the same thing may happen to our great loyal body of men assembled while under a ferment of passion ; and then every mans anger influencing another , fallacy it self may pass for reason : and as we see when many workmen are at once altogether crying , and pulling a great piece of timber forward to them with a rope , if that doth not hold but break , they all fall backwards together , so when any caetus or body of men are drawing with all their strength to bring any matter of weight in the government to them , if the principle of reason they use for that purpose will not hold , but proves a poor weak sophism , they naturally fall down together . i have in this discourse usually mentioned those parliaments with the prefixt name of loyal , wherein i yet thought so many persons were so dreadfully mistaken in so great a point , and for which charity ( if extravagant ) no iesuited papists can blame me , knowing how great an exclusioner of old their infallible head hath been : but which i was the rather inclined to do ( as any one may guess by the current of the discourse ) because i knew not but his majesty's calling a new parliament at such time as he should think convenient for the same , might give many of the mistaken persons such an advantage of recollected thoughts as would shew them the errors of their former measures , and render them afterwards averse from putting at once both their own consciences , and the very words of the oath of allegiance on the rack , and from such a squeezing of blood out of that , contrary to the grammatical sense that might occasion the flowing of blood through the kingdom in after times : and the sharpest expression i was naturally led to use whereupon , fell from me without any reproach of the persons erring when i said in p. , viz. thus just is it for heaven sometimes to blind and confound good men in their counsels , when they abandon plain principles and dictates of reason , and when they will not do what they know , to suffer them not to know what they do , &c. i have somewhere read of one who writing of the constitution of and rule for the franciscans , saith , that for the firmer observance of that rule christ himself was heard in the air , saying to st. francis , this rule is mine and not thine , and i will have it observed , ad literam , ad literam , sine glossâ , sine glossâ : and let any men be attentive to the voice behind them , viz. that of conscience about the rule of the observing of their oaths , they will hear god there speaking much to the same purpose . nor have i heard of the understandings of men of great abilities made spectacles of shame to the world through the divine dereliction in any particular point , more than in that relating to their natural allegiance and their oath to confirm it . let any one consider somewhat in the speech of sir h. v. printed in the year , as what he intended to speak on the scaffold , where having mentioned by what steps he became satisfied with the parliaments cause he was engaged in , and did pursue the same , and that the parliaments cause did first shew it self in the remonstrance , and secondly , in the solemn league and covenant , he addeth , that it shewed it self , thirdly , in the more refined pursuit of it by the commons house in their actings single , and saith afterward referring to my lord of arguile , viz. that noble person ( whose memory i honour ) was with my self at the beginning and making of the solemn league and covenant , the matter of which and the holy ends therein contained i fully assent unto ▪ and have been as desirous to observe , but the rigid way of prosecuting it and the oppressing uniformity that have been endeavoured by it , i never approved . this were sufficient to vindicate me from the false aspersions and calumnies which have been laid upon me of iesuitism and popery , &c. and recollect whether ( tho that covenant was contrary to the oath of allegiance ) any thing yet could be more contrary to that covenant than that house of co●●ons acting single , or any thing could be more contrary to the plain literal sense of the covenant , than that refined pursuit of the cause , owned by a person of such refined and real great abilities , and within the prospect of eternity : and whether the owning of the same then contrary to the literal sense of the covenant was a proper medium for him to use then , whereby to clear himself from the aspersion of iesuitism ? there was another person of great theological learning and strong natural parts who lived about that time , i mean mr. iohn goodwin , the divine i before mentioned : and who in two books of his , the one called redemption redeem'd , and the other of the divine authority of the scripture hath signaliz'd his great abilities : but in the very pamphlet where he presumes to vindicate the very sentence against the royal martyr , and to make the same coherent with the scotch covenant , he in p. saith , evident it is that those words in the covenant , in the preservation and defence of the true religion and liberties of the kingdom , import a condition on the kings part , without the performance whereof the covenant obligeth no man to the preservation or defence of his person or authority : and yet allowing the words to speak for themselves , they do not say in his preservation and defence , &c. but in the preservation and defence , &c. plainly referring to the same preservation and defence of religion and liberties which is before promised , and sworn to in this and the preceding articles , as evidently referring to the same persons preservation and defence of them here who are to preserve and defend them in the former clauses , and who are to preserve and defend the kings majesty's person and authority in this , namely , the covenanters . if the covenant had intended to ground the preservation and defence in this clause upon another person or persons as the performers , beside those to whom the same actions are referred immediately before , it would have pointed them out distinctly : but when it expresseth no other , the plain ordinary grammatical construction will attribute them to the parties before nominated , and cannot put them on any other . and the premisses notwithstanding mr. goodwin concludes that if that his anti-grammatical paraphrase were not the true meaning of those words beforementioned in the covenant , it was unintelligible by him : and his words are these , if this be not the clear meaning and importance of them , the covenant is a barbarian to me , i understand not the english of it . thus naturally is it even for the learned and unstable to wrest not only the scriptures but even their own subscribed covenants , where the words have no 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , to their own destruction and the destroying of common sense , when they recede from the common principles of loyalty and allegiance . there was likewise another person reputed one of first-rate parts and great learning in the late times , who published a book called , the lawfulness of obeying the present government : and in his th page there directs the world to make this enquiry , viz. whether there be any clause in any oath or covenant which in a fair and common sense forbids obedience to the commands of the present government and authority : and referreth particularly to the clause of the oaths of allegiance and supremacy , in the former of which 't is said i shall bear faith and true allegiance to his majesty , his heirs and successors , and in the latter . i shall bear faith and true allegiance to the kings highness his heirs and successors . he there goeth on very childishly to sell the world a bargain , by trying to puzzle it with questions , viz. if it be said that in the oath of allegiance , allegiance is sworn to the king his heirs and successors , if his heirs be not his successors , how doth that oath bind ? either the word successors ( saith he ) must be superfluous , or it must bind to successors as well as to heirs . and if it bind not to a successor as well as to an heir , how can it bind to an heir that is not a successor ? and if you will know the common and usual sense ( which should be the meaning of an oath ) of the word successors , you need not so much ask of lawyers and learned persons , as of men of ordinary knowledge , and demand of them who was the successor of william the conqueror , and see whether they will not say w. rufus : and who succeeded richard the third , and whether they will not say harry the th : and yet neither of them was heir : so in ordinary acception the word successor is taken for him that actually succeeds in the government , and not for him that is actually excluded . may we not to this questionist who was as i may say such a mountebank of a casuist , put the question of tertullian , rideam vanitatem , an exprobrem caecitatem ? and may we not properly bring in st. austin's casuistical decision as to things of this nature , haec tolerabilius vel ridentur , vel flentur , i. e. a man is at liberty either to laugh at or lament them . i have in p. of this discourse mentioned d' ossat's observation of father parson 's often contradicting himself , and that very grossly in his book of the succession , as it happens to all persons in passion as able as they are who are not guided by truth and reason , but transported by interest and passion : and i shall here further remark out of the same letter of d' ossat by me there cited , that to those words last mentioned he there adds this , viz. i will here name two of his contradictions . he opposeth to the king of scots among other things to exclude him from the succession of england , that he was born out of england of parents not subject to the crown of england . he likewise opposeth to arabella among other impediments , that she is a woman , and that it is not expedient for the kingdom of england to have three women , queens successively : and that often the children of kings have been excluded for being women : and yet not withstanding he adjudgeth the said kingdom to the infanta of spain , by preference even to the king of spain , her brother , as if the said infanta were not a woman as well as the said arabella . i had almost forgot to observe how the author of the lawfulness of obeying the present government , that useth such thick paint of equivocation in his sense of the word successors , having pushed on his question about any clause in any oath or covenant forbidding obedience to the present government and authority , by adding to it the consideration of obeying it , when no other government can be had , and of the common-wealths going to ruine , if the present government were not obeyed , and having thereby insinuated that the obligation of the oath ceased , was so horribly impolitick as to prop up that insinuation by a passage cited for that purpose out of a popish casuist , who saith , that when a thing sworn is too difficult , or he that swore is by change of abilities or estate rendred less apt to perform : or lastly , when the thing sworn is an hinderance to the swearer from consulting the publick good , then there is a lawful cause of dispensing in the oath . we have here then found a protestant and a casuist-would-be exalting himself above all that is called god to dispense with oaths , a thing that protestancy abhorreth , and a thing that the oath had precluded in these words , i do believe and in conscience am resolved that neither the pope nor any other person whatsoever hath power to absolve me of this oath , or any part thereof . thus as the author hath by his interpretation of the word successor , qualified an vsurper to have the benefit of the oath of allegiance to our lawful monarch , so he hath bare-faced made himself successor to the pope , and an vsurper upon oaths by dispensation . more instances need not be given of the hortor of heavens withdrawing its ordinary influences from particular men of extraordinary parts , who after they have despised dominions and dignities and their oaths to them , would be critical inventors of new rules concerning the allegiance to kings and the oaths about the same , but who have thereby appeared more despicable than the pedants who call themselves criticks , whose skill in the minutiae of words or trivial niceties in the learned languages hath yet●secured their pride from being humbled by erring in the sense of words in their mother tongue . when i was writing the former part of the following discourse out of my just compassion to my country , as well as to the noble lord and others , who suffered so unjustly by oaths assertory in the time of the martyrocrasy ( as i called it ) when every single witness was almost as considerable as ingulfus the abbot of crowland , confessor to william the conqueror was in his time ( of whom it was said , that quo● voluit humiliavit , & quos voluit exaltavit ; ) and when if the number of witnesses had continued to encrease and swarm as it began , it would in time have scarce left any to be judges or jurors , and when some of them who were bread-worshippers , were yet almost as much adored by the mobile of protestants as the host is by the papists , i had thoughts to have entertained our english world with an account of the particularities of the usage that witnesses in the case of treason find in the world abroad , and to have shewed how the custom and practice of nations and their laws have with all the critical nicety of politicks imaginable provided that such witnesses may neither be too much discouraged by fears nor encouraged by hopes , and that it frequently there happened that in the discharge of the office of witnessing , men were to expect so great an allay of trouble , and so much exposed to depend on the next world for the reward of their veracity in this , as to prevent in this an allay of truth with falshood in their testimony , and that sometimes when paupers come to be witnesses in criminal causes , they have not beds of roses provided for them , but are put to the rack , and that ordinarily the bodies of such witnesses are ●acked on their being found vacillant and halting in their testimony , and whereby they had given iudges occasion to think that such witnesses had first tried the rack upon their souls and consciences . but tho i thought any scene of that would appear horrid to an english eye , as it doth to the eye of our laws , i have yet in this discourse mentioned how the iewish law by god's express command took care to prevent mens ambitus in standing for the office of witnesses , by tacking thereunto the standing office of executioners , and i have in my notions of infamous witnesses exactly accorded with the justice of our english laws , our lex terrae being the allowed land-mark for all to go by in matters judicial : and i have endeavoured by that to stop the course of an infamous person , when from an accuser ● he would presently grow to be a witness and è serpente factus draco , or as i may say , be always growing in arbitrary accusation , and like a crocodile never come to his full growth ; and i have not robbed him of his right of being an informer in cases where the lives of princes are concerned : and have moreover represented such a malefactor capable by his penitence and subservience to the great influx of providence on the safety of crown'd heads , of being thought his countries benefactor and a piece of a founder to it , and could have gone no higher without following our profanum vulgus in making every informer and witness a saviour , a word that cicero was much scandalized at and taxed vèrres about , because he found him at syracuse written 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , a saviour , and said that the style of such an one could not be expressed in one latin word . i have moreover fairly stated how and when , and by what exercises performed relating to moral philosophy , an infamous person may as a witness commence graduate in credibility . but moribus antiquis stat res britannica , and so i desire it may while the world stands ; and as i have occasionally mentioned boccaline's character of the best reformer , viz. one who leaves the world as he finds it , so i have took care to be no propounder or innovator about new methods or systemes of politicks in the point of accusation or testimony which is so extraordinarily tender , and wherein i have found the wisest and greatest of the ministers of princes , to whose custody the depositum of their masters crowns and lives was committed , to appear undetermined as to their measures . and of this d' ossat's letter th , and to villeroy in the year , hath transmitted to the world a remarkable instance , where he saith , i have received advice from lorrain , that an english divine called pitts , having held communication with a french divine called st. german , about killing the king , and the said st. german having dropped some words whereby another came to understand it , the bishop of toul examining it caused the said st. german as well as the said pitts to be put in prison , and by the party accused denying the fact , his condition is found better than the accusers , who hath no way to prove what the other said to him , none else being present : which proceeding whether 't was deliberate or by neglect , tends to this , that no man hence forward to whom any one hath spoken of killing the king , will dare to reveal it to any one for fear of being put in prison , and punished : for that he was willing to save the life of the king and preserve the whole kingdom : whereas in cases of such consequence it ought to be free to any man to accuse another , not only without fearing any thing , but further with hopes of great recompence : having a respect never the less not to believe too lightly ▪ nor to condemn any person upon the bare affirmation of another without good indications and proofs . i believe that the king advertised of this matter will at least take care of the deliverance and safety of him that could not endure to hear any speak of murdering him . i am apt to think that the horror of the fact of such an out-rage to the persons of kings , so much astonishing the imaginations of the loyal , and the very idea of it being so ghastly as to affright them from contemplating it , hath partly contributed to some omissions in the worlds providing against it : and it hath been so incident to writers to mention it without thinking of its horror , that a late useful voluminous collector we had , began the first edition of the first part of his works with a very inauspicious sentence , telling us of king iames his declaring his being so much disinclined to popery , because it holds regicide and other grosser errors : as if it were possible for any man of sense to call such an execrable outragious treasonable practice , an error , or to range it in the class of errors : or as if even any damnable error or heresy either could be more gross than that . in the next edition he a little mended the matter by saying , and other gross errors : but he afterward mended the book to better purpose by causing that sentence to be quite left out . my intended review of this discourse that i lately acquainted the reader with , is mentioned particularly at the end of it ( where i observe the customariness of authors of large discourses bestowing on them a short review ) and do think that the corroborating some of the various important calculations therein , relating to matters political , may perhaps be of publick use . i shall not trouble my self with corroborating any thing of the plot which hath so much weakened the nation , nor with strengthening any sayings of witnesses that have weakened the plot. let about or lines that i think in this large discourse may have referred to the propping up any little matter by citing for it the plot-witnesses in general , take their fate to be either remembred or forgot by others as much as they are almost by me , and but one of whom is on the account of testimony so much as named , and whose name hath been mentioned in this preface . nor shall i have occasion to choque any party ( or as i may rather say all parties ) with any thing of controversy that may be called religionary : or matters that refer not to numbers . but the fixing of political observations on numbers in some things so great as i have attempted , is a task very difficult for a person much superior to me in intellectual endowments , to do so clearly and satisfactorily as the matter will bear ; and is not possible to be done by any without the expence of that time in consulting records and registries and offices of accounts and many particular persons , which i hitherto could not spare , but hope to be shortly able to do for my readers satisfaction as well as my own : and having so done , i shall publish a review of this work by it self , making such additions or other alterations as to what i have here observed , as i shall see cause . and as i have shewed that reverence to the age as not to expose my thoughts magisterially of matters relating to numbers , but have therein either cited authors of note about the same , ( that so their credit may vouch for the thing asserted and not mine ) or have fairly my self calculated the things , or if i have omitted either to cite authors , or to make calculation when i have asserted any thing relating to numbers , i have still endeavoured to keep within compass and bounds in my reckoning , and not to favour my assertion by exceeding them , so i shall most readily on occasion acknowledge my mistake in any point however , or from whomsoever arising : nor can any man ( i think ) be tempted to do other in a matter of this nature , and wherein his mistake amou●ts not to any thing like the making of false money , or the designed putting it off in exchange , but only to the false telling of true ; and which i desire the reader to tell after me as often as he pleaseth , and do wish him if ever he hopes that men would receive the belief of matters of moment upon his authority , that he would first satisfie them that he hath implicitly believed no man : and for which purpose i once writ my mind by a poor plain verse in the album of a german on his importuning me there to write my name with some saying or other , viz. is nulli credat , credi qui vellet ab omni ; meaning it , as to matters that may be reduced ad firmam , by calculation . i remember not that i have cited any authors extravagant calculation or error without somewhat of a fair remark on it , and do suppose any one to labour under a disease of credulity who doth otherwise : and do account that cicero himself was therewith infected when as to the error in a childish report he saith so gravely in his d book de divinatione , tages quidam dicitur in agro tarquiniensi cum terra araretur , & sulcus altius esset impressus , extitisse repente & eum affatus esse qui arabat , &c. for ovid in his metamorphosis to tell us this of tages that famous hetruvian sooth-sayer , was not so much to be wondered at . our excellent historian therefore of harry the th , when he mentions that harry the th left in his coffers a million and hundred thousand pounds sterling to harry the th , and such as might be thought effectively quadruple to so much in this age , did but right to his own credit by inserting the clause of , if we may believe authors . i have in p. mentioned that when queen elizabeth came to the crown ( which was in the year ) the customs made not above l. per annum , and which i was induced to believe partly on the relation of some whose ancestors were officers of the customs in her reign , and whose papers and accounts they now have . but i found after the printing of that sheet , that i had made sure of being within the compass of truth and likewise modesty as to my estimate ; and looking into my notes out of cambden about it , i found that about the year and after all her glories of , her customs were farmed but for thousand pounds sterling a year . one would wonder that our great oracle of the law sir e. coke could err so grossly by his credulity and inadvertence as he did , when he tells us . instit. and de statuto iudaismi , that from december th , an. . hen. . till shrove-tide . edv. . ( which was about years ) the crown had , , l. s . d . sterl . de exitibus iudaeorum . and he there attempts to prove it by records and refers to rot. patent . an. . e. . m. . . middleton reddit computa . but at the rate of silver being now thrice in value per ounce to what it was then , the crown would have had then for those years from the iews as money now goeth about , , , l. and none can think that the king would have thought a th gi●en by the commons to have been an adequate reward for the expulsion of the iews , had they been such beneficial guests to him , as coke mentioned . we may therefore naturally as to this say , credat iudaeus , &c. and mr. prynn hath in the second part of his demurrer to the iews , &c. most plainly shewn sir e. coke's mistake in the record by him cited . i hope to be able in my intended review to give some such further indications of the numbers of the people of england exceeding all the totals of cautious calculators i have referred to , as may be variously useful to the publick , as well as perfectly satisfactory to the curious , among whom the enquiring into the totals of the numbers of people in states and kingdoms and their chief cities , is of late become as much in request as was the enquiring before of the number and strength of their ships of war. i have mentioned before how some men of great name have published it , that they think the people of england and wales are but millions : and shall here take notice that a book lately printed entituled isaaci vossii variarum observationum liber , and dedicated to his majesty , doth in p. represent somewhat of the judgment of that learned person ( and who in various sorts of useful learning is deservedly held not inferior to any one in europe ) relating to the numbers of people in spain and france , italy , england , scotland , and ireland , denmark , sweeden , &c. and where the people in england , scotland and ireland are represented to be two millions . but had he been so fortunate as to see some of the manuscript discourses of sir w. p. giving an account of the people of ireland to be about hundred thousand after he had surveyed that kingdom as surveyor general , and after he had critically perused all the books relating to the chimney money and the late poles , and found that of the people of ireland who paid their pole-money in the year , the number was , , , i doubt not but he would have concurred in opinion with him of the total of the number of the people in ireland : and i likewise believe that if he had seen some late estimates of the numbers of people in scotland , made by inquisitive persons born and bred in that kingdom , he would have been easily inclined to judge the people of ireland and scotland to be at least millions . as i think that learned man was much short in his estimate of the numbers of people in his majesties realms , so i likewise think that he was in that of the numbers of the people in france , in accounting them to be but five millions . cardinal pool ( i think ) did very judiciously estimate france , to exceed us a d part in the number of people , as i have mentioned in this discourse : and the author of the reasonable defence of the seasonable discourse , answering a romanist who asserted , that popish countries were as populous as the reformed , hath clearly enough shewn , that englands not being fully peopled is not to be attributed to the reformation , but partly to our being drained by our plantations , &c. and he saith in p. , if spain which hath plantations be compared with us we are much more populous , as we are also than italy which hath none at all . 't is true france exceeds us not having had that drain of plantations till of late , and that sparingly in respect of us ; and possibly somewhat of the populousness of france may be owing to the reformation , as not obliging any to caelibate . but if the learned author of that reasonable defence ( who doth so well and carefully weigh the nations there in the balance of his judgment ) had considered what hath been by sir william temple remarked in his excellent survey of the constitutions and interests of the empire , sweden , denmark , spain , holland , france , &c. viz. that the common people of france are as little considerable in the government as the children , so that the nobless and the souldiers may in a manner be esteemed the nation , he would have agreed that tho france may exceed us in the numbers of our people , it doth not in the weight of our numbers ( as i may say ) by reason of the considerable weight of our common people in the balance of the state : and especially if he had likewise considered what the ingenious author of the book called , the power of parliaments , mentions in p. , of the english ( man to man ) as allowable to be a third stronger than the french : and so i believe generally northern nations may be allow'd to that proportion to exceed southern . and here by the way it occurring to me that the author of the reasonable defence hath in p. took notice of his roman-catholick adversaries instance of the treaty of munster , as upon which so many papist and protestant princes , noblemen and gentlemen have either bishopricks , abbies or the like confirmed to them by the pope ( and to make out what he had said that none but the author of the seasonable discourse fancies the pope cannot be tied to an agreement as well as other governors ) and that the author of the reasonable defence hath impugned that instance by saying , but if after all this there be no such matter , if the pope have been so far from confirming those grants as to protest against them by his legate in the treaty , and afterward in a particular bull hath damned them to the pitt of hell , what shall we say to the honesty and credit of the author , &c. i am glad that by my historical scheme of the factum of that peace , i have done that which may prevent both these authors and other persons from being further mistaken therein . most certainly ( as i have shewn ) the pope did not by any grant confirm them : but they may be truly said to have confirmed the papal religion , as far as the prevention of the ruine of the empire and emperor , and the roman catholick princes of the empire and their subjects , may be judged to have amounted to the confirmation of that religion . but that the emperor and princes and states of the empire did as perfectly slight pope innocent the ths bull of the nullity of that treaty cited in the margent of the author of the reasonable defence , as i have mentioned the thing with historical truth , arch-bishop brambal in p. , of his just vindication of the church of england speaking of that peace , and how thereby freedom of religion was secured to protestants , and bishopricks and other ecclesiastical dignities conferred on them , and that many lands and other hereditaments of great value were alienated from the church in perpetuity , and yet the popes nuntio protested against it , and having there in his margent referred to the aforesaid bull of pope innocent , saith , yet the emperor and the princes of germany stand to their contracts , assert the municipal laws and customs of the empire , and assume to themselves to be the only iudges of their own privileges and necessities . and moreover sir william temple in his said survey of the constitutions and interests of the empire , writ in , mentioning the domestick interest of the empire to be the limited constitution of the imperial power , and the balance of the several free princes and states of the empire among themselves , saith , that those interests have raised no doubt since the peace of munster . while the iesuites make the pope infallible , and some anti-papists generally make him a meer natural agent . that must always act ad extremum virium , i fear not to take a middle way , and to suppose him to be a rational animal , and one that knows when the papacy is not to exert its former principles against the power of kings and lives of hereticks , and for this reason , namely , quia deerant vires , and one who will not do it for the future in all places , quia deerunt vires . he is not to learn the reasonableness of that gloss in his canon law , that canes propter pacem tolerantur in ecclesiâ , and especially when the heretical dogs are there the most numerous , nor needed he or the popish or protestant princes of the empire to have been minded of the dutch proverb so well known there , viz. veel honden zyn de' haez d●ot , i. e. many dogs are the hares death , and that the old sport of hunting down hereticks with crusado's was hardly practicable when both popish as well as protestant princes were weary of it , and that therefore according to the saying , difficile est ire venatum invitis canibus . nor was either the pope or the popish princes of germany to be taught that if ever there was to be that wild thing of a crusado against hereticks again , better use might be made of them then by killing them : and that it would turn to better account to deal with them as mathew paris tells us on the year ( the time about which crusado's were most in fashion , and when popes that had a mind to ravish the regal rights of princes would take an opportunity to do it by sending them on fools errands to the holy land ) that the pope dealt with the many pilgrims who were cruce signati in an adventure for that land , namely , that he very fairly sold those crossed pilgrims for ready money , as the iews did their doves and their sheep in the temple . and if the , hereticks that i mentioned out of bellarmine as slain by one crusado had been sold but for l. sterling each , a fond might have been thereby provided for the incommoding the turk very much more than by the taking from him the holy land. but the pope and those popish princes are sufficiently sensible of their want of power for any such nonsensical outrage : and i wish that our english owners of the doctrine of resistance , and who with bellarmine have agreed in that being the cause of the primitive christians not attempting to shake the empire , namely , because they had not strength to do it , were but as sensible as the papacy is of their wanting strength to do it in england . no marvel therefore that the iupiter capitolinus in his bull of nullity did not discharge the old artillery of the lightning and thunder of anathemas , and the greater excommunications against the emperor and roman-catholick crown'd heads and princes concerned in the munster peace , as i have shewn , nor according to the expression in the reasonable defence , damned them to the pitt of hell for it . no ; both the world and the papacy were so metamorphosed , and their old fashions so far passed away , that those popish crown'd heads found that there was in this bull only what partly resembled that which ovid tells us of in his metamorphosis , viz. est aliud levius sulmen , cui dextra cyclopum saevitiae flammaeque minus , minus addidit irae , tela secunda vocant superi , &c. but as i just now expressed my wishes that some of our english owners of the doctrine of resistance , were as sensible of their wanting strength to subvert the rights of the monarchy in england , as the pope was of his wanting it to break the measures of the crown'd heads relating to the munster peace , i have in this discourse expressed not only my hopes but belief that nature it self which is thus always acting to the extremity of its power , will overpower the arts by which they have been seduced to principles for endeavouring it : and will render the principles of many of our protestant recusants coincident with those of the primitive christians , instead of those of the jesuites : and that this storm which the world hath brought on the irreligionary part of their principles as well as of the iesuites ( both of which have brought so many dismal storms on the world ) will make them come to an avarage , and to submit to the casting many of their principles over-board as well as the iesuites have been obliged so to do by the pope , as master of the vessel commanding the same . and as in a storm the very victuals of the mariners are often according to the maritime law cast into the sea to lighten the vessel , it may resemblingly be expected that many of our dissenting religionaries will now part with some of those principles that have in their religion-trade afforded them a subsistance ; and that when they shall consider how this present pope , notwithstanding the privilege of a master of a ship , by which he may refuse to begin the iactus by throwing out first his own wares and goods , did about a year before he threw out the lumber of the iesuites and casuists , throw over-board a vast treasure of papal indulgences , and by which the ship of the papacy was formerly victualled . it was by the popes decree of the th of march , that a multitude of indulgences was suppressed ; and the names of famous popes are there mentioned as having granted some thereof : and great numbers of others are by him quashed without mentioning the popes by whom granted : and there was a particular clause in the decree that did shake the whole body of indulgences . and tho the virgin mary hath been by many of the vulgus of papists oftner pray'd to in storms than the trinity , and a printed devotional office called , the office of the immaculate conception of the most holy virgin our lady approved by the sovereign pontiff paul the th , had been much in vogue in the papal world , yet the pope by his decree of february the th , . damned that office and ( as i may say ) threw it over board . and of this the author of iulian the apostate might have took notice if he had pleased , when in his comparison of popery and paganism he instanced in the transprosing of part of the psalms to the virgin mary , after the mode of this office that had been suppressed about years before . the old stubbornness of popes against the making any reformation of abuses and errors in their church hath been commonly observed : but i believe that considering the great figure england makes in the world , it may not be unlikely that the brisk spirit of opposition against popery that had displayed it self in england for about years before the plot-epoche , and the sharp and learned books that were in that conjuncture printed here against the abuses of the church of rome , might much contribute to the laudable proceedings of this pope in those decrees i have mentioned . and therefore when nature had thus enforced the papal chair in so great a measure upon recantation , and a great deal of pretended infallibity was thrown over-board , ( and that even relating to some principles that might be called religionary ) it may reasonably be thought that the same operation of nature will produce among our little protestant recusants a tacit renuntiation of the irreligionary part of those very principles , that both the world and themselves must needs see they have transcribed from popery . the complication of the principles of irreligion that hath joyned the iesuites popery with that of our former presbyterians popery , hath long been as visible as the great isthmus ( i spake of ) that joyns the mexican and the peruan parts of the new world : and as i being to explain as in a dictionary what i meant by popery , i would not expose my self to the critical religionary controvertists by nicely defining popery , ( the observation being no less than a rule in the civil law , that omnis definitio in jure civili periculosa est , parum est enim ut non subverti possit ) but gave the description of my sense of it as before in this preface , so if i were to give a description of our scotch presbytery as covenanted to be here introduced , i would take the said description of popery and only mutatis mutandis , say that by presbytery i mean the power of our presbyters in imposing creeds and doctrines and rules of divine worship on men , and the presbyters jurisdiction interloping in that of our princes and their laws , and the doing this by the charter of jus divinum and as they are christs pretended vicars , and do account that its intended arbitrariness here in england justly appeared as terrible as that of popery , and that our consciences being enslaved to a foreign bishop is not more inglorious than their being so to our fellow subjects , and that a blush being divided among ten thousand ecclesiasticks after they had out-raged our laws and our consciences , would have here been no more seen by us than one at rome on occasion of any popes there blushing after they had so done . i have observed in this discourse how that part of presbytery that may ( tho erroneous ) be called religionary as practised in some foreign churches , hath here decayed and must so naturally more and more : and was glad to hear , that since the putting the laws in execution against protestant recusants , those of them who were called presbyterians have , on recollection of thought , and after conference had with our divines forborn their former schismatical separation from our churches , and that particularly in our metropolis they have in all things been ameinable to the doctrine and discipline of our church , except as to the submitting to have their children baptized with the use of the sign of the cross there , and their superstition in not complying with which will i hope not be long lifed . the gradual encrease of the christenings in some parishes in the country that i have seen accounts of , ( and in which places the dissenters formerly were very numerous ) hath been to a far greater proportion than the gradual encrease by me remarked as to london , and within the same years . and a learned divine who is minister of a parish not far from london hath acquainted me , that the number of communicants being there about the beginning of those years but a , hath since arisen to : and i believe that generally the numbers of conformists may have much encreased in the country beyond the proportion of their encrease in the city , and may probably do so for some years . tho there are several merchants and rich traders in our metropolis who are dissenters , yet i have observed , that the gross of their numbers consists there of ordinary retail-traders : and as these have been naturally sufferers there by the cities so much removing westward , and by the retail-trade being so much gone to the other end of the town ( and are likely so to be more and more ) so it hath been and will be natural to them to be more and more querulous : according to the saying of , omne invalidum est querulum . and in this case it will be natural to them both to support their decaying trade by religionary combinations , and perhaps to fancy religion it self breaking together with their bankrupsy , and both for the consoling one another as socii doloris , and likewise relieving one another thereby , to endeavour to keep heterodox religionary societies as long and as much as they can . but necessity , the known mother of industry , must naturally in time cure them of their poverty and temptation to heterodoxy thereby . our quakers are by many thought to be a kind of a roma subterranea , but whether justly or no , i enquire not : nor shall i give my opinion in it till the principles of their light within shall be exposed to that without ; many of which principles have hitherto been by them kept as hid from the world as were the subterraneous lights preserved in the roman monuments , and as to which principles they are perhaps conscious that when they shall be exposed to the air and light of the sun , they will be as naturally extinguished as those monumental lights were when occasionally brought into the open air. but one of their known tenets being the unlawfulness of oaths , i account they have an advantage thereby beyond the presbyterians or independents in their claim to indulgence , by demanding it in a doctrinal point wherein there is d●gnus vindice nodus , by reason of some words in the th of st. matthew and th of st. iames seeming primâ facie very emphatically and vehemently to forbid all manner of swearing , as the commentators generally observe . and in this point they are entituled to a very true and great compassion because , of the very false comments so many true protestant would-be's actions have made on their great promissory oaths beforementioned : and for that they have not out-raged their natural allegiance by rebellions , as many other dissenters have done . if therefore to those yea and nay men , the king should grant such a charter as the men of rippon had from king athelstan , namely , quod homines sui ripponienses sint credendi per suum yea & per suum nay , in omnibus querelis & curiis licet tangentibus freed-mortel , &c. i should not grudge it them . and to speak frankly , i know not but this their sullen principle may be subservient to some great birth of nature , that may happen perhaps within an age or two , when shame may in the more populous world have so far exterminated fraud and cozenage and the danger of perjury , as that the manner of our oaths assertory before tribunals may grow obsolete : a thing i account not altogether improbable , since i my self observed that in a case that happened before some of the greatest peers of the realm , authorised to give an oath as being the lords commissioners of prizes in the first dutch war , it appeared that there was somewhat in nature that had greater weight than an oath among some men , namely , reputation : for many merchants being present at a sitting of the●r lordships , and one of them claiming a ship and lading before them as wholly belonging to hamburgers , and shewing himself ready to swear the same before their lordships , one of the lords asking him if he would on his reputation declare that no subject of the states of holland was as proprietor therein concerned , he refused to do it . but before this golden age of morality may come , and the bending leaden-rule of oaths hath been laid aside , i expect that the names of several of our religionary parties will be forgotten , and be as insignificant as the word lollards and lollardies , and to suppress which every high sheriff is still bound to by his oath , and who perhaps may think that the lollards were papists or some heterodox people or other . and therefore were i master of never so much leisure i would bestow no part of it on the writing against those religionary errors that have been so often confuted , and especially when i see the circumvallations of nature so carefully wrought in its siege against them , as that it cannot miscarry ; and no man having fixed his judgment of natures course , need spur it on , and according to the words of the great prophet , he that b●lieveth shall not make haste . notwithstanding the severity of all our old laws against popish recusants , it hath been for the honour of our r●formation , that the government hath notified it in the times of queen elizabeth and k●ng iames , that no roman-catholick here suffered death for his religion , and notwithstanding all the penal laws against protestant recusants and recusancy , our pious princes have without any general relaxation or suspension of those laws , shewn signal favours and indulgences to many particular persons who appeared to the eye of the state to be really conscientious and to hold no principles that would create disturbance to it . and as i have mentioned that mr. cotton was particularly indulged , so i might likewise assign many other instances of this nature , and particularly of the known letter of edward the th to cranmer to omit some rites in the consecration of bishop hooper , and of some indulgences in queen elizabeth's and king iames his time , and others in king cha●les the first 's , in favour of particular protestant as well as popish recusants . and to this purpose the history of the life of mr. hildersham , one of the most eminent divines that puritanism had bred , mentions that on the account of points relating to non-conformity , he was very frequently suspended ob officio & beneficio , and very frequently restored to the same : and the same thing appears in the life of mr. dod an antesignanus among them : and both these divines in their printed writings asserted the principles of their loyalty and impugned the doctrine of resistance , as likewise some others of the puritan divines did , and were therefore particularly indulged . and mr. prynn shewed himself extremely partial in reflecting on the government as he did in his seditious book called , the popish royal favourite , by not taking notice of the relaxation of the penal laws made in the case of particular loyal puritans and non-conformists , as well as in the case of particular loyal papists . but if the government thought it so often necessary for its safety to revoke its particular indulgences granted to hildersham and dod ( for the former being silenced in iune , and restored in ianuary , was again suspended and silenced in april , and after he was again restored in ianuary , was again silenced in november , and being iune restored to preaching , was in march was again silenced ; and the latter of them found the like vicissitude of favours and punishments too tedious to be here inserted ) how can the government be now secure in granting an indulgence to other particular protestant recusants more than only dura●te bene placito , or quam diu bene se gesserint , after all the dis-loyalty of the principles and practices chargeable on so many of them since , and not known to have been since abhorred by them ? but our parliaments not knowing but only suspecting so many of their owning their former principle of the doctrine of resistance ( and who did therefore in the toleration of any heterodox religionaries in their own families restrain them to a number only of four other persons to be present ) seemed with the mixture both of tenderness to the consciences of those religionaries , and likewise to the publick peace , to draw the copy of that modus of their limited toleration , in some sort after the great original of the old decree at rome against the bacchanals , and by which it was or dered that they should not as before be observed at rome or in italy : but that si quis tale sacrum solenne ac n●cessarium duceret , nec sine religione ac piaculo se id omittere posse , apud praetorem urbanum profiteretur , praetor senatum cons●leret : se ei permissum esset , cum in senatu centum n●n minus essent , ita id sacrum fieret , dum ne plus quinque sacrificio interessent . but most certainly whatever complaisance with the consciences of any pretending religionaries that parliament intended , had they had any prospect of four persons being present any where that held any principles destructive of monarchy , and that inclined them to sacrifice our princes and laws as formerly , they would have accounted those four too many to be tolerated . and the dreadful out-rage the government conflicted with , when venner and the other few fift-monarchy men came out of the tiring house of a private religionary meeting in coleman-street , to act the part of furies as they did in our m●tropolis ( and that beyond the wildness of any mad bacchanal ) may well be an instance of caution against many of a party whose principles are not known , being trusted together with themselves . yet after all this , as once in a little nominal parliament we had in the the time of the vsurpation , it was ordained , that all persons that could speak should speak the enjoyned words of matrimony , and that all that had hands should there joyn hands , so i believe that in any future conjuncture , particular persons , who by the loyalty of their principles and practices , and by their being ready to attend our divines for instruction , can make it appear , that they have consciences , will have no cause to complain of their being not free . but by an accident of moment that hath offered it self to the consideration of our protestant recusants , since the epoche of plots and rumours of plots , i doubt not but they will find an imminent necessity to make it demonstrable to the world , that they own no principles destructive of it : and that particularly the easie access that witnesses have found to credibility on their swearing plots against iesuitick popish recusants , by the precipice of the principles on which they stood being so conspicuous to the world ( and from whence the very breath of their adversaries , of how mean and despicable parts and fortunes soever , hath served to throw them down headlong into ruine so easily ) will be an effectual document to all recusants who would prevent the danger from plot-witnesses , that the very next thing to be done by them is their bearing their testimony against principles of dis-loyalty . the late bishop of winchester ( to the character of whose loyalty and learning christendom is no stranger ) having his thoughts on the wing , and ready to take their flight to that region of bliss where none are admitted but souls that part hence with a noble disposition to charity for all humane kind , thought fit in his prospect of that world and in the great interval of his preparation for it , to send to the press his book called his vindication , &c. printed in , and in the conclusion of it to transmit his opinion to the age and posterity that ever since the reformation , there have been two plots carried on by papists and dissenters , and that the same would long continue . he had there mentioned mr. baxters justifying the late war , and quoted him for saying , that as he durst not repent of what he had done in the aforesaid war , so he could not forbear the doing of the same if it were to do again in the same state of things . 't is true indeed ( saith the bishop ) he tells us in the same place that if he were convinced he had sinned in what he had done , he would as willingly make a publick recantation as he would eat and drink when he is hungry and thirsty . but neither he nor any of the non-conformists that i have heard of , hath as yet made any such publick recantation , and therefore we may rationally and charitably enough conclude , that they are still of the same iudgment they were then , and consequently that their practice will be the same it was then when any opportunity invites them to it , &c. and then proceeds to say , for mine own part i must confess as i always have been , so i am still of opini●n that ever since the reformation there have been and are two plots , carrying on sometimes more covertly , and sometimes more secretly , the one by those that call themselves the only true catholicks , the other by those that call themselves the only true protestants , and both of them against the government as it is established by law both in church and state : and as there always hath been , so there will be plotting by both those parties until both of them be utterly suppressed : for as for making of peace with either of them , i take it by reason of the perverseness of the one , and peevishness of the other , and the pride of both , a thing not to be hoped for . how much my poor measures of futurity do differ from his lordships , in the case of our popish and protestant recusants , the current of my discourse shews : and am sorry that he , having used this harsh sounding word of plots , described not ▪ his idea of the particulars thereof relating to the time to come , and that he innodated in this his censure ( as it were ) the body of the two religionary parties , without any exception of the loyal in both . but i have observed it in a printed letter of this reverend prelate to the earl of anglesy , of the date of iuly the th , . where having spoke of the keeping out of popery now it seems to be flowing in upon us ( as his words are ) that he saith , you know what i was for in the late sessions of parliament , i mean ( not a comprehension ) but a coalition or incorporation of the presbyterian party into the church as it is by law established ; and i am still of the same opinion , that it is the one only effectual expedient to hinder the growth of popery and to secure both parties : and i am very confident that there are no presbyterians in the world ( the scotch only excepted ) that would not conform to all that is required by our church , especially in such a conjuncture of time as this is . my scope by quoting this letter is to shew that about years ago , the bishop was not of opinion that nature had condemned the presbyterians to eternal plotting against the state , but that a coalition between that party here and our church , would then naturally happen : and as to which i have shewn how far he was fortunate in that his conjecture , by the late great advance of those called presbyterians toward conformity , and that therefore his opinion varying in from what it was in , as to the presbyterians , it might ( had he lived longer to have writ again ) vary perhaps as to the papists being plotters with a continuando , and he might have recanted that opinion as much as he would have had mr. baxter recanted his . and i would from that his letter shew , that we have the less reason to be mortified with the fear of the continuance of these plots , or to be tempted to uncharitable thoughts of the whole body of the papists upon this bishops opinion , as delivered in what i have cited out of his vindication , because one expression of it includes so much of humane frailty and error , viz. his lordships saying , that he was always of opinion , that since the reformation these two plots were and would be , till both the parties were utterly disabled and suppressed ; for when he writ the said letter , his opinion appeared otherwise . and there is another use i would make of this pious and learned prelates having given such an alarm to the world concerning the plots of these heterodox religionaries in future time , and of his having made them as to disloyalty to be in a manner damnati antequam nati , and that is this : namely , that the only substantial thing that could give weight to this censure of these two parties being their principles , and that the great allowance of this bishops opinion as oracular by so many , being likely to throw so much lasting odium on the principles of popish and protestant recusants as hostile to church and state ( whereby any disloyal practices charged on them by their adversaries , tho perhaps very unjustly , will naturally be the sooner and more easily believed , as i before hinted ) it may hence appear necessary for men to go , or run , and even fly from principles of disloyalty as soon , and as fast , and as far as they can . but as i have here observed it to be the interest of our heterodox religionaries to disclaim all principles that i called convulsive of civil society , and the concern of every country to have those principles notified ( and as fairly and particularly delineated and described as are the beds of sands and shoaly places and rocky bars of its harbours and sea-coasts by hydrographers ) so i shall likewise observe that the sharp execution of any of the penal laws hath not to the factious among the protestant recusants appear'd so afflictive as the publication of the principles and printed sayings of their pastors since , and the which seemed to be like the doom of the priests in malachy , namely , to have the dung of their solemn feasts spread in their faces : nor could they call such usage of their tenets , any tryal of cruel mocking , nor the publishers any of the mockers that should be in the last times , since their very sayings and tenets have been plainly and briefly published in their authors own words and without addittaments . as to the papal tenet in the canon law , dilated on in the following discourse , i have there in p. . sufficiently shewed my aversion to contribute any grief or trouble to loyal papists by the notifying the same in the hot time of the late fermentation , and while some factious anti-papists were so busy in senseless narratives to load a great body of them with the guilt of its practice ; and when i had any inclination to shew my self unchristianly or ungenerously disposed , as to the persons or religion of roman catholicks , i might with the expence of an hour or two's time have easily gratified such a corrupt humour , by descanting on this tenet , among the pamphleteers and sheet-authors whose feet were accounted beautiful by the mobile , for any dirt their hands threw at the papists , before the epoche of the declaration , after the oxford parliament . and after the restoring of the english genius , or as i may say , of the english understanding to it self , that thereby happened , i account that the notification of any tenet chargeable on the papacy or presbytery referring to the measures of loyalty , or preservation of the rights of civil society , could bring no damage in the least to any recusants person whatever it might to his erroneous principle . and i having accounted it a kind of nauseous superfluity to confute at large any one of the old religionary controversies between our church and that of rome , was willing thus to reserve the discussion of this irreligionary tenet ( how proper soever to be known ) till some healing conjuncture of time ; and when i might hope by discussing the same and thereby effectually satisfying any considerate excluders , that i was no papist , to bespeak their approach with more candour to my great casuistical point discussed . i have sufficiently shewn in this preface how much it imports our security and loyalty , to have the fantome of the iudicial law exorcised out of mens understandings , and am ashamed to think that christians do yet no more know the certain time of the burial of that body of moses's laws , than the iews do the place where his deceased natural body was laid . i know that some of the old schoolmen have told us that that law was given only to the iews : but when so many popish vniversities and casuists , told our harry the th , that his marriage was against the law of god , the world wanted teaching in this point : and the tutelar angels even of protestant countries are still in effect put to it to contend with the devil about the body of moses his law : and if any one hath a desire to see the dreadful impressions that that law hath so lately made abroad in the world and here in england , and that have much de●aced our loyalty and religion , i shall refer him to dr. hicks his printed sermon called peculium dei , where he hath given us very learned remarks , that many unsound iudaising christians have still dreamed that the mosaic code was yet in force , and that carolostadius and castellio about the time of the reformation asserted the doctrine of the validity and indispensable obligation of the leges forenses of the jews : and that many , tho they did not assert the validity of the whole mosaic code , have yet asserted the indispensable obligation of some particular laws in it , to the great scandal of the protestant name , and particularly that against idolatrous persons and places the mosaic laws are still in force : and that for want of distinguishing in the decalogue and the laws which follow after it , many men have run into many gross unfortunate errors ; and he hath there referred to the ancient and modern sabbatarians , the writers against vsury , the modern iconoclasts , the strict divine right of tithes , and tithes of tithes , or tenths to the pope as the christians high priest , and to the asser●ors of the unlawfulness of the supreme magistrates pardoning murder which god made unpardonable among the jews : and to baronius and bellarmine arguing thence for the popes supremacy : and to pope adrian the th moving the princes of germany , to cut of luther and his followers , because god cast corah and his company down to hell , and commanded that those who would not obey the priest should be put to death : and to the promoters and abettors of the solemn league and covenant , which some have equalled to the covenant of grace , and were wont to express themselves about it in the text and phrases of the old testament , which concerned the making , breaking or renewing of that political covenant which god made with the people , and afterwards with his vice-roys the kings of the jews : and to the specious popular arguments used by the former and later rebels in great brttain , for deposing and murthering kings , and to the speech delivered at a conference concerning the power of parliament which is nothing but doleman aliàs parson ' s title to the crown transprosed . and under this head we might refer to the covenant mention'd among the independent churches . mr. burroughs one of the best of our late independents , quoting deut. . . if thy brother , the son of thy mother , &c. chap. . of his irenicum saith , let not any put of this scripture saying , this is in the old testament , for we find the same thing , almost the same words used in a prophecy of the times of the gospel . zech. . . he saith indeed that by those words in deut. the meaning is not that his father or mother should presently run a knife into him , but that they should be the means to bring him to condign punishment even the taking away his life . calvin likewise in giving his sense of that place of zechary foresaw the odium of having any killed without going to the iudge , and there saith , multò hoc durius est , propriis manibus filium interficere , quam si ad iudicem deferrent . but here mr. burroughs and calvin have categorically enough asserted what the iudges duty is in the case , and i have said what calvin effected by going to the iudge about servetus . gundissalvus doth not determine the lawfulness of burning an heretical city without going to the iudge ; and the lawfulness of protestant princes judging the persons or cities of idolaters to be destroyed by the pretended obligation of the mosaic law , is chargeable on the anti - papists i have mentioned : and i believe there are few of our presbyterian or independent enthusiasts , but who think it as lawful to burn rome as to roast an egg. but the church of england abhorreth this flammeum & sulphureum evangelium : and dr. hicks in the preface to his iovian , taking notice of the reasons which the papists urge for putting heretick , and the scotising presbyterians for putting popish princes to death , saith thereupon , i desire mr. j. to tell me , whether he thinks in his conscience , the bishops of the church of england could argue so falsly upon the principles of the iewish theocracy to the like proceedings in christian states ? and saith , if this way of arguing be true , then the queen ( meaning queen elizabeth ) was bound to burn many popish towns in her kingdom and smite the inhabitants with the sword , &c. i have therefore thought it essential to the advancement and preservation of loyalty , to endeavour to have the papal and presbyterian error as to the iewish laws exterminated . and the setling of this point is the more important to the measures of loyalty , because the same chapter in deuteronomy , viz. the th , that hath been the popes palladium for his power of firing heretical cities , hath likewise been made use of by our deluded excluders , as theirs to recur to in a practice so scandalous to loyalty and to the protestant religion , and which hath too much appeared in the many factious pamphlets for the exclusion ; and as i hinted that that chapter of deuteronomy was impiously applied in a former conjuncture , for putting the queen of scots to death , so the pretended lawfulness of the exclusion by arguing from the greater to the less , was by the deluded generally inferred from that chapter : and the place i just now referred too in the preface of iovian , mentions , mr. i's arguing from deut. . . if thy brother , the son of thy mother , &c. in citing of which ( saith the dr. ) it is evident on whom our author did reflect . the very exposing the absurdity of the papal power of destroying heretical persons and cities on the account of the mosaic law , will ( i believe ) as by consent of the sober of all parties much help to exterminate the aforesaid error , which hath cost the papacy so dear , and naturally tempted so many calvinists to own the same error , partly by way of retaliation , and not altogether through defect of judgment : and i doubt not but if the papacy were now to begin to claim the allowance of exercising the jurisdiction over all christians in the world as the high priest did over all proselyted to the iewish religion ( and as appears by not only the inhabitants of palestine , but others of the most remote countries , and particularly by the aethiopian in the acts of the apostles owning subjection to the iewish priesthood ) it would stop at the conquest of that oecumenical power , and tenths of the levites thereby , without demanding the power to destroy hereticks towns , and to exterminate the persons of hereticks by crusado's , as other dependencies on it . but the papacy hath long ago passed that bloody rubicon of the iudicial law , and cannot in honour or politicks go back : nor will any pope expressly renounce the power of compelling princes to exterminate their heretical subjects , tho yet the fashion of the exercise of this power be thus as i have shewed , tacitly passed away , and as a thing necessarily impracticable in the more populous world. and no iesuited papist dares disclaim this power in the pope's behalf or impugn the same ; however it was a thing that the pope could not but fore●ee , that his quashing the iesuites power to kill men by retail , would render the iesuites averse from writing for his power to kill hereticks by whole-sale and by crusado's , or for the power to fire heretical cities , if there were occasion to have any such power asserted in behalf of the papacy , as i believe there neither is nor ever will be . but partly according to my conjecture of the result of the fermentation about the regale in france , i suppose that tho the papacy will no more be brought to disclaim its pretended monarchy over other parts of the world in ordine ad spiritualia , than the dukes of savoy will the title of their being kings of cyprus , yet it will be neither able or studious to prosecute its claim of such power by disordering the world as formerly . all the personal vertue and probity of any popes will never incline them to pronounce against their iurisdiction , however they may thereby , and by want of strength to execute it , be kept from the old injurious ampliating it ; and on this slippery precipice the papacy still remains , and from whence through the natural jealousie of crown'd heads and states in the point of power , it will probably fall down to its tame principium unitatis , and its patriarchal figure , and in time to nothing . but by many of the anti-papal sects , and such as call themselves the only true protestants , still owning the obligation of the iewish forinsec laws , a necessity is by god and nature put on the protestants of the church of england to combat such pretended obligations by dint of reason , and thereby to support the rights of their princes without condition and reserve , and which no jesuited papists or protestants either can or will do . nor is it safe for other papists to own principles that touch the pope's imaginary monarchal power . for power how fantastick soever , would seem a serious thing and will endure no raillery , and the honest father caron whom i have mentioned as citing popish authors who denied the pope's power to depose princes , doth tell us , that the pope's nuntio and popes condemned his doctrine , and the inquisitors damned his book , and his superiours his soul , i mean , they very fairly excommunicated him for it . there is another thing that may render the knowledge of this papal tenet worthy of the entertaining our curiosity , tho we are past its danger ; and that is what occurs to me that i lately mentioned in a discourse i had with an intelligent person of the church of england , who saying to me that there was one part of the barbarous out-rage of the gun-powder treason , which was very scandalous to humane nature , and which he thought could not be pretendedly legitimated by any papal principles , namely that part of the out-rage , that related to the designed destruction of so many magnificent piles of building , and of the adjacent city of westminster , and the life 's of thousands of men , women , and children with one cruel fatal blow , i gave him an account of the tenet in the canon law , grounded on the th of deuteronomy , so fairly and fully discussed in the following discourse , and whereby i satisfied him about the principle that pretended to legitimate that part of the out-rage : and do assure any man that as arbitrary as the papacy ever was , it yet was so just as to inflict no kind of punishment on persons or communities that was not in its sanctions intimated and for what crimes . i have in this discourse render'd some of our late fift-monarchy men principled for all villany imaginable , and justly convicted and executed for a design to fire our metropolis , and in which design they had subtilly contrived to have backed their out-rage with the terror of armed forces , nothing of which appeared in the case of the two poor french papists charged with the odium of the fact , and beyond which least of numbers it is not in this discourse extended : and as to those two persons , there being then open war between the english and french , it may be said , that the religion of popery might be out of the case of any thing done by such as were justi hostes , as the laws term them , however i yet think that none concerned in the government of that nation , would then be so barbarous as to design us such an out-rage . moreover i have in this discourse said , that i will not charge the allowance of this tenet on the generality of papists either at home or abroad , and that no un-jesuited papist nor perhaps some sober party in that order would think the worse of me for calling the decretum of the popes canon law , by reason of its empowring him thus to burn cities , horrendum decretum . and because my knowing of this papal tenet , as founded on the iudicial law , made me , after the beginning of this discourse , to surmize , that more papists might possibly be concerned in this out-rage than really were , and so in my balancing the actings of some loyal protestant recusants in ireland , with some dis-loyal ones of some popish recusants there and here , i mentioned the out-rage on the metropolis as done by papists , ( i. e. by papists , and not by protestants , and as sir w. raleigh mentioned that harry the th was murdered by the papists , that is not by the huguenots ) i yet thought my self bound in christianity and moral justice to shew my self so far from being in the least misled by the scandalous and incoherent narratives that reflected on a great body of the papists , as concerned in such a horrid fact , and particularly by that whose author in a plot with booksellers had stole his fire of london out of old printed examination before a committee of parliament , that i have shewn the ridiculousness of the palmare argumentum of the populace , and cryed up as so unanswerable , to prove that very many papists designedly fired the city , and which argument i have not met with exposed to contempt by any other person , and which had so far happened to work on the understanding of an ingenious man who employed himself in writing the history of england , since the king's restoration , that he had been likely , but for my shewing him the childishness of his error , to have sent it to posterity with a crown , instead of a fools cap on its head . and tho i have rendred the same tenet of firing heretical cities , that is in the pope's canon law founded on deuteronomy , chargeable on our late presbyterians , i have exempted the persons of such our protestant recusants , from any guilt of an out-rage against our metropolis as idolatrous : for whatever their principles are , there is yet another sort of idolatry prevalent among them as all religionaries ( and which i have referred to ) namely covetousness , that would secure them from firing their own nests . but here while i am troubling my self to do right to papists and presbyterians , i cannot without all the horror and detestation imaginable call to mind how a vile traiterous subject of his majesties , who presumed to call himself the protestant ioyner , was so far transported with madness and fury , as to the scandal of religion and loyalty and common sense , with the guilt or that fire to reproach his prince , whose reign had so long signalized it self , with such a father-like tenderness for all his subjects . and yet in the tryal of that monster of calumny , his slandering his prince thus with so much desperate and ridiculous molice was in proof . and ridicu●ous it may well be called : for what could be more remote from the least shadow of possibility , than a prince of such eminent wisdom and known great abilities , firing his own chamber , and destroying his revenue , and vastly impoverishing the people , and thereby weakening himself in the flagrancy of war between england and france , and the states of holland ? it is absolute dotage and bedlam-madness to imagine , that any one interested in the government of england , and its being a kingdom , could be in the least a well wisher to such an out-rage . the very fift-monarchy men , who designed it , were abject paupers , and the two french-men were no better . but justice found out that shimei , who thus outragiously slandered the lord 's annointed : and may all such his incorrigible enemies be cloathed with shame ; and let them see that tho heaven doth not think fit always to hide princes from the scourge of the tongues of men of belial , yet at the same time it sheweth some tender regard of the honour of crown'd heads , by abandoning the dis-loyal to reproach them with impossibilities . it was observed by the late bishop of winchester in his printed sermon before the king on the th of november , p. . that the doctrines among the dissenters that tend to sedition and rebellion , seem to be derived and borrowed from the church of rome : but his lordship in the same page , having before spoke of those doctrines , said , that if they are believed and practised they must necessarily produce confusion among us . yet having a regard to the piety and peaceableness of some dissenters , and considering how long many of them had been trained up to principles of loyalty before they went off from the church of england , we may reasonably have the better hopes of their not being able to believe the doctrine of resistance and principles convulsive of civil society . but we have of late found cause to judge , that that doctrine , and those principles have been believed and practised by others of them , and with such artifice to amuse and divert the incautelous loyal from the apprehension thereof , as was practised by several of the papists a little before the gun-powder treason : for as at the end of the papists supplication to the king and the states of the parliament in the year , they undertake that as to the loyalty of their priests , they shall readily take their corporal oaths for continuing their true allegiance to his majesty or the state , or in case that be not thought assurance enough , that they shall give in sufficient sureties , one or more , who shall stand bound life for life for the performance of the said allegiance ; and further , that if any of their number be not able to put in such security , that then they will all joyn in such supplication to the pope for recalling such priests out of the land ( and thus by the offer of security attempted to lull the state in a secure sleep and dream of their loyalty ) so have many of our protestant would-be's by the publication of their no protestant plot , so lately before their plotted out-rage , done what was tantamount to keep our country from being awake to observe the march of their principles , till it should be surprized with the suddenness of sampson's alarm when it came to be said , the true protestants are upon thee , i mean those who falsly call themselves so . i know no true son of the church of england owning a greater propension to afford favour to heterodox religionaries , in points denominable by religion , than what my natural temper and habitual inclination prompt me to . and tho some men are apt to have a sharper regret against others for differing from them in judgment , than for a material injury , i am naturally so far from such an humour , as to be more pleased with , and to think my self better diverted by the conversation of the learned , whose sentiments differ from mine in most points philosophical and in many theological , than by theirs who perfectly agree in opining with me therein : and do fancy to my self that i have the fortune hereby for my h●mour to accord with that of the generality of men of the gayest temper in the age , how different soever their religions are ; and do suppose , that if such a captio●s fiery bigot as bishop bonner were now living , the ingenious maimbourg would scorn to keep him company . but the present state of christendom making loyalty a vertue of necessity here in england , ( as i have shewn in this discourse ) i would abhor the conversation of any dissenter i thought dis loyal , as of a person not only wicked but stupid : and on this rock ( as i may say ) of loyalty being likely so long to continue essential to our continuing a nation , have i built my conjecture of the future happy state of england . it is a possible thing that the serenity of its future state may be for some little time over-cast by clouds of discontent , if the balance of trade should long continue to be against us , and that then forlorn paupers instead of fearing popery would for a while fear nothing at all : for nescit plebs jejuna timere . but i have cited the observator on the bills of mortality for accounting not above one in to have starved ; and i having in p. cited the author of britannia languens , for saying , that he heard of no new improving manufacture in england but that of periwigs , did give my judgment , that the ebb of our trade hath been at the lowest point , and that nature will necessarily hasten its improvement : and having observed in p. , that after a long age of luxury a contrary humour reigns as long in the world again , i have said that of that contrary humour i think we now see the tide coming in , and have assigned one late woollen manufacture , by which england hath gained double as much as for years , it lately did by the balance of trade . but if any one of our true protestant plotters should be supposed ever to inveigle any of the poorer mobile to fly out into tumultuous disorder or commotion , any such commotion making an exception from my general rule of england's necessary future pacific state , would both certainly firmare regulam , and make the odium of the loyal populace so keen against all principles and doctrines of resistance , as to exterminate the same from our soyl for ever , and to deter men as much from daring to propagate the same in england , as in those two most famous receptacles of heterodox religionaries , i mean amsterdam and constantinople . any one who will accord with me how necessary it was for the confounding of dis-loyalty , that i should point out the fatal time when our trade was confounded , viz. in ianuary : and any reader of this discourse will find the obvious way mentioned , how a child of ten years of age may know when the balance of trade is against us , and how long it hath been so , tho not to what proportion ; and so whether i have been too sanguine in my fancy by predicting in effect that it will be for us , and long so continue , time will shew . but if i am out in my measures as to that point , i am sure the divines of the church of england will gain cento per cento thereby , as to the point of their absolute usefulness ; and necessary encouragement under a prince of what resolution soever ; and upon a wanton supposition that they had all withdrawn themselves to the remotest parts of the earth , it would be any princes interest to invite them back again at any rate , and that for their persisting in the preaching up of loyalty as they have done for several years , and thereby so much helped to preserve us from weltring in one anothers blood . it is excellently observed by lucius antistius constans in his de jure ecclesiasticorum , that the clergy is necessary to console us with the world to come , as to the hardships daily occurring to us in this , as well as to direct us in our course to that world. and if contrary to my expectation , heaven should think fit to punish the past rebellions and present murmurings of so many of our land , by any future diminution of our trade ( and when we should be enforced to work the harder for the necessary support of our families and of the government ) preachers of loyalty will be an useful treasure both to the prince and people . fuller in his church-history mentions , that in the year , it was complained of that the grantees of papists forfeitures generally favoured them by compositions for l●ght sums . but the famous book of the right and iurisdiction of the prelate and the prince , printed a. d. . saith in the epistle dedicatory to the english catholicks , you have this long time suffered as violent and furious a persecution as ever the jews did under an antiochus , or the primitive christians did under a nero , domitian , dioclesian , maximinian or julian , and yet you see no end of this fury , &c. i would ask any loyal roman catholick , if a clergy that could console such lachrymists and preach loyalty to them , was not then necessary ? and i am sure he will say it was ; for that the doctrine preached by the author of that book appeareth thus in the contents of the chapters after the end of that epistle , viz. regal power proceeds immediately from the peoples election and donation , &c. by the spiritual power which christ gave the pope in his predecessor st. peter , he may dispose of temporal things , and even of kingdoms for the good of the church : and the many republican and seditious assertions in that book are such , that any asserters thereof would in the judgment of our loyal populace , be thought to merit what the iews or primitive christians suffered as aforesaid . and that no man dares now partly so fear of the popular displeasure and being thought absurd , say , that the english monarchy is otherwise than from god and not from mens election , just as for fear of the people , the chief priests and scribes and elders durst not say that the baptism of iohn was not from heaven but of men , is most eminently to be attributed to the late loyal sermons made expressly of loyalty by the divines of the church of england . but that i may draw toward an end of this long introdvction or preface ( wherein yet if i have happened to acquaint any reader with any valuable point of truth , it will be the same thing to him as the payment of a bill of exchange in the portico or in the house ) i am necessarily to say that by the inadvertence of an amanuensis employed in writing somewhat of this discourse for the press , there happened to be several mistakes of words and names ; and one of them i shall mention here , and not trust to its being regarded among the errata , viz. that whereas 't is said in p. , that creswel a iesuite writ for king iames his succession when parsons writ against it , it should have been said that chricton a iesuite then did so : and so the latter part of the volume of the mystery of iesuitism relates it : and any indifferent man would think that chricton writ not in earnest , and that his book appeared not on the stage of the world , but only to go off it , since so necessary a counterpoyson to parsons his book , could never yet be heard of in any library . some little omissions and errors about letters and pointing , easily appearing by their grossness , are not put into the errata : and some the reader will find amended with the pen. moreover i am to apologize for the carelesness of the style , and to acquaint the reader , that the rule of any ones writing in any thing that is called a letter , being the way of the same persons speaking , i do thereby justify the freedom i have taken in not polishing any notions , or delivering them out with the care employed on curious pictures ( and that require twice or thrice sitting ) and in using that colouring of words , and such bold careless touches as are to be used in the finishing up any piece at once , and which the nature of discourse necessarily implies , and in sometimes using significant expressions in this or the other language for any thing , as i do in my common conversation with those who understand those languages ; and by the same rule i have exempted my self from the trouble of that nice weighing of things as well as of words , that a professed history or discourse , otherwise then in the way of a letter , would have required , and the same excuse may serve for the style of this preface . if the date of this discourse had not at the writing of the first sheet been there inserted , a later one had been assigned it : but i thought it not ●●nti on the occasion thereof to have that sheet reprinted . i hope to be able in my review to gratifie the readers curiosity with somewhat more of satisfaction as to the monastic revenue , and which in p. i mentioned as not adequate to the maintenance of regulars by my not considering how plentifully it was supported by oblations of various kinds , and other ways not necessary to be here enumerated . in p. . i say , i think it was st. austin who said , credo quia impossibile est : and have since thought it was tertullian . i care not who said it , as long as i did not . i have in p. mentioned the order of iesuites as invented by the pope in the year , wherein i had respect to the time of its confirmation from the papacy and not of its founding by ignatius . there are other omissions and faults in the press that the reader is referred to the errata for , without his consulting which , i am not accountable for them . i am farther to say that there is one thing in this preface that i need not apologize for , and wherein i have done an act of common justice , namely , in celebrating the heroical vertue and morality of this present pope , that were signalized as i have mentioned . almighty god can make the chair of pestilence convey health to the world , and can preserve any person in it from its mortal contagion . but the truth is , i was the more concerned to do the pope the right i have done , because i observed , that after that credit of the popish plot began to die , that depended on the credit of the witnesses , several persons attempted to put new life into it , by their renewed impotent calumnies cast on the character of the pope , and as appeared by a bound o printed in the year , called the devils patriarch , or a full and impartial account of the notorious life of this present pope of rome , innocent the th , &c. written by an eminent pen to revive the remembrance of the a●most forgotten plot against the life of his sacred majesty and the protestant religion . what avthor was meant by that eminent pen , i know not in the least . the preface to the reader concludes with the letters of t. o. the vain author having throughout his book ridiculously accused the pope of immorality and scandal , and of being a friend to indulgences , and of favouring the loose principles of the iesuites , and of contriving the popish plot and carrying it on in concert with the iesuites , concludes by saying in p. . this pope had great hopes of re-entry into england by his hopeful plot : hereupon cottington 's bones were brought to be buried here , &c. it was high time then for people to be weary of the martyrocracy when the plot came to be staruminated by cottington's bones , and the pretended immorality of so great an example of severe vertue as this pope , and when the belief of the testimony against some men as popish ruffians was endeavoured to be supported by the childish artifice of making a ruffian of the pope himself . but indeed long before the edition of that trifling book , many things had occurred so far to shake the testimony of the witnesses , as that it grew generally the concordant voice of the populace , that on a supposal of several of the same persons being again alive to be tryed on the testimony of the same witnesses before the same judges , it would not have prejudiced a hair of the heads that were destroyed by it , and particularly in the unfortunate lord stafford's case . i have in two or three places of this discourse , speaking of the papal hierarchy , called it holy church , its old known term , and by which i meant no reflection of scorn : nor would i laugh at any principle of religion found among any heterodox religionaries that the dying groans of the holy iesus purchased them a liberty to profess . but 't is no raillery to say , that the artifices of any dis-loyal popish and protestant recusants , that have so long made templum domini , usurp on the lord of the temple and his vice gerents , that is , kings and princes , will support no church : and that as it hath been observed of some free stones , that when they are laid in a building in that proper posture which they had naturally in their quarries , they grow very hard and durable ( and if that be changed , they moulder away in a short time ) a long duration may likewise be predicted to the arts and principles of reason applied to support a church as they lay in the quarry of nature , and where the god of nature laid them for the support of princes and their people , and è contrà . in fine , therefore since the principles of the church of england are thus laid in it as they were in that quarry , none need fear that they will be defaced by time , or that a lawful prince of any religion here will accost it otherwise than with those words of the royal psalmist , viz. peace be within thy walls , and prosperity within thy palaces . an index of some of the principal matters contained in the following discourse in aletter to the earl of anglesy . his lordship is vindicated from mis-reports of being a papist , and an account given of his birth and education , and time spent in the university and inns of court , and afterward in his travels abroad , page , , . an account of his first eminent publick employment as governor of ulster , by authority under the great seal of england , p. . an account of his successful negotiation with the then marquess of ormond , lord lieutenant of ireland ▪ for the surrender of dublin , and all other garrisons under his command , into the parliaments hands , p. . an account of his being a member of the house of commons in england , and of the great figure he afterward made in the king's restoration , ib. reflections on the popular envy against the power of a primier ministre , ib. and p. , , . remarks on the saying applied in a speech of one of the house of commons , against the earl of strafford , viz. that beasts of prey are to have no law , ib. reflections on the rigour and injustice of the house of commons , in their proceedings against the earl of strafford , p . the usurpers declared , that tho they judged the rebellion in ireland almost national , that it was not their intention to extirpate the whole irish nation , p. . the author owneth his having observed the piety and charity of several papists , p. . the author supposeth that since all religions have a priesthood , that some priests were allowed by the vsurpers , to the transplanted irish , p. . an account of the privileges the papists enjoyed in ireland , before the beginning of the rebellion there , and of the favour they enjoyed in england before the gun-powder treason , p. . observations on the pope's decree , march the d , . condemning some opinions of the jesuites and other casuists , in pages , , , , , , . the great goodness of the earl of anglesy's nature observed , and particularly his often running hazard to save those who were sinking in the favour of the court , p. . the authors observation of the effects of the hot statutes against popery and papists in queen elizabeth 's and king iames his time shortly ceasing , ib. the authors iudgment that a perfect hatred to popery may consist with a perfect love to papists , p. . he expresseth his having no regret against any due relaxation of any penal laws against popish recusants , p. . an account of the earl of anglesy , and others of the long parliament crushing the jure-divinity of presbytery in the egg , p. , . the out-rage of the scots presbyterian government observed , p. the people of england did hate and scorn its yoke , in the time of our late civil wars , ib. remarks concerning infamous witnesses , and their credibility after pardon of perjury , or after crimes , and infamy incurred , p. , , . at large , and p. , . the incredibility of the things sworn in an affidavit , by such a witness against his lordship , p. , . the principle in guymenius , p. . ex tractatu de justitiâ & jure , censured , viz. licitum est clerico vel religioso calumniatorem , gravia crimina de se vel de suâ religione spargere minantem , occidere , &c. p. . cardinal d' ossats letters very falsly and ridic●lously cited by an english priest of the church of rome , for relating that the gunpowder treason plot was a sham of cecils contrivance , p . father parsons one of the greatest men the jesuites order hath produced , p. . d' ossat in his letters observed to have given a more perfect scheme of the whole design to hinder king iames his succession , then all other writers have done , ib. observations on the author of the catholick apology , with a reply , &c ▪ speaking of his not believing that doleman's book of the succession , was writ by father parsons , and that parsons at his death denied that he was the author of it , and on cardinal d' ossat in his letters averring , that parsons was reverâ the author of it , and that parsons made application to him , in order to the defeating king james his succession , unless he would turn catholick , p. . d' ossat's observing that parsons in that book , doth often and grossly contradict himself , ib. d' ossat's commending our english understandings , for so soon receiving king jame , and so peaceably , after the death of queen elizabeth , ib. the author grants that papists may be sound parts of the state here , as they are by sir william temple in his book observed to be in holland , p. . the vanity of some papists designing to raise their interest by calumny and shamm ib. the pope's said decree of the d . of march , accuseth the jesuites and other casuists , of making calumny a venial sin , p. . the nature of a venial sin explained , ib. the jesuites moral divinity patronizing calumny , is likely to be fatal to their order , p. . . the author's opinion that they can never recover the wounds given them by the publication of the les provinciales , &c. ib. and that much less those given them by the popes said decree , p. , . observations on that notion of moasieur descartes and mr. hobbs , that the faculties of the mind are equally dispensed , and on the natural effects of that notion , p. . the author remarks some shamms and calumnies used by some protestants , and their contending with papists therein , p. . an antidote mentioned for papists and protestants , to carry about with them in this pestilential time of shamms , ib. a vile shamm or calumny used against papists , as if they intended to burn the town of stafford , and other great towns , is referred to in one of janeway's printed intelligences , p. . animadversions on parsons his book of the succession , p. , . 't is for the honour of the roman catholick religion observed , that harry the th of france , after he turned papist , continued kind and just to his protestant subjects , notwithstanding the popes endeavours to the contrary , p. . the authors grand assertion , viz. that whatever alterations time can cause , yet ( humanly speaking ) while the english nation remains entire , and defended from foreign conquest , the protestant religion can never be exterminated out of this kingdom , p. . mr. hooker's propliecy of the hazard of religion and the service of god in england , being an ill state after the year , p. . the defections of the ten tribes from the time of david , punished by a succession of ill kings , p. . the words in hosea , i gave thee a king in mine anger falsly made by antimonarchical scriblers to refer to saul , ib. dr. stillingfleet's sermon cited about the uncertainty of what the fermentations among us may end in , ib. dr. sprat's opinion cited , that whatever vicissitude shall happen about religion in our time , will neither be to the advantage of implicit faith or enthusiasm , p. . historical o●servations relating to the papacy from p. , to p. . the papal power formerly pernicious to the external polity and grandeur of england , p. , . queen elizabeth said by townsend to have spent a million of money , in her wars with spain , and laid out l. to support the king of france , and l. in defence of the low country , and to have discharged a debt of millions , she found the crown indebted in , ib. how by her alliances she laid the foundation of the vast ensuing trade of england , whose over-balance brought in afterward so much silver to be coyn'd in the tower of london , p. . the sums coyn'd there from the st year of her reign , to may , ib. england alone , ▪ till the peace of munster in the year , enjoyed almost the whole manufacture , and best part of the trade of europe , by virtue of her alliances , ib. the same month of january , in the year , produced the signing of that peace , and the martyrdom of the best of kings , and the fatal diminution of our trade , ib. queen elizabeth had what praemium of taxes from parliaments she pleased , ib. king james told the parliament anno , that she had one year with another , l. in subsidies , and that he had in all his time , but subsidies and fifteenths : and that his parliament had not given him any thing for or years , ib. in harry the d's time , the pope's revenue in england was greater than the kings : and in years time the pope extorted more money from england , than was left remaining in it , ib. in edward the d's time , the taxes pa●d to the pope for ecclesiastical dignities , amounted to five times as much as the people payed to the king , p. . by a balance of trade then in the exchecquer , it appeared that the sum of the over-plus of the exports above the imports , amounted to l. s. d . ib. wolsey's revenue generally held equal to harry the th's , ib. why the pope never sent emissaries to denmark and sweden , and some other northern countries for money , and why probably in no course of time that can happen , he will send any to england on that errand , ib. and p. . in the th year of richard the d , the clergy confessed they had a d part of the revenue of the kingdom , and therefore then consented to pay a d of the taxes , ib. bishop sanderson mentions the monastick revenue , to be half the revenue of the kingdom , ib. the not providing for the augmentations of the poorer livings in england , observed to be a scandal to the reformation , p. . of and odd parish churches in queen elizabeth's time , but were observed to afford a competent maintenance to a minister , and four thousand five hundred livings , then not worth above l. a year in the kings books , ib. during the late vsurpation the impropriate tithes saved the other , ib. a million of pounds sterling commonly observed to accrue to the popes per annum , from indulgencies , p. . an account of the compact between some of the most eminent presbyterian divines , and the long parliament , by which the parliament was obliged to settle on the ministry all the church lands , and those divines engaged to promote the parliaments cause , and of the result thereof , p. . observations on the calculations of the monastick revenue , made in the year , by mr. simon fish , in his book called , the supplication of beggars , and which calculations were much valued by harry the th , p. , . not only none of our monkish historians , but even of our polished and ingenious ones made any estimates of the numbers of the people in the times they writ of , ib. a calculation of the number of religious persons , or regulars in england , at the time of the dissolution of monasteries , p. . a calculation of the numbers of seculars as well as regulars , that then lived in celebacy , ib. the author's calculation of the number of the levites , and of their quota of the profits of the land , p. . a calculation of the ebb of the coynage of england , from may to november , p. . a particular account of cromwel the vsurpers depressing the trade of the european world , p. . the kings of spain impose pensions on eccles●astical preferments to the th part of the value , p. . the proportion of papists , and non-papists , by the bishops survey in the year , is non-papists for one papist , ib. the people in the province of holland , reckoned to be millions hundred thousand , ib. the people in flanders in the year , reckoned to be , , p. . amsterdam in the year , reckoned to have in it souls , ib. an account of what the inhabitants of holland in the year , did ( over and above the customs and other demesnes of the earls and states of holland ) pay toward the publick charge , namely , to the states of holland , to the admiralty of the maze , to the admiralty of amsterdam , to the admiralty of the northern quarter , ib. the number of the inhabitants of venice in the year , ib. an account of the political energy of the reformation in england , p. . the revenue of the kingdom of england quintuple , in the year , to what it was at the time of the reformation , p. . a calculation of the revenue of the church , holding in the year , the same proportion of encrease , ib. the customs of england when queen elizabeth came to the crown , made but l. per annum : and were since farmed at l. per annum , and have since then made about double that sum , p. . the yearly revenue of the whole kingdom of england computed , ib. queen elizabeth wisely provided for the enlargement of the trade , and customs of england , ib. the numbers of the people of spain , p. . the knowledge of the numbers of people in a kingdom is the substratum of all political measures , ib. an animadversion on the author of la politique françoise , ib. there were about , souls in paris , shortly after the year , p. . an animadversion on the calculation of malynes in his lex mercatoria , ib. animadversions on the calculations of campanella , as to the numbers of the people of france , p. . lord chief iustice hales his observations of the gradual encrease of the people in glocester shire , corroborated by the author , p. . the author believes the total of the people of england , to be very much greater , than any cautious calculators have made it , p. . observations on the numbers of the people of england , resulting from the returns on the late pole-bills , and the bishops survey , ib. and p. , , . an account of a tax of poll-money in holland , in the year , p. . some illegal proceedings in queen mary's reign remarked , p. , . the authors opinion that any roman catholick prince that may come to inherit the crown , will use the politics of queen mary , as a sea mark to avoid , and queen elizabeth's as a land-mark to go by , p. . eight hundred of the empty new built houses of london , have been filled with french protestants , ib. a high character given of edward the d , a sharp persecutor of the excesses of the power of the pope and his clergy , and who saved the being of the kingdoms . trade , and manufacture , and patronized wickliffe , and the authors opinion that any lawful prince of the roman catholick religion , that can come here , will uphold the falling trade of the kingdom as he did , ib. occasional remarks on the numbers of the people in the old roman empire , p. . the vanity of the fear of any ones erecting another universal monarchy , p. . campanellas courting spain , and afterwards france with that monarchy , remarked , ib. observations on the fate of the spanish armada in , and of the numbers of its ships and seamen , and likewise of the numbers of the ships and seamen then in queen elizabeth's fleet , p. . she claimed no empire of the ocean , either before or afterward , ib. the shipping and numbers of our seamen in years after , were decayed about a d part , p. . an account of the french monarch's receipts and expences in the year , ib. the authors conjecture of the result of the fermentation about the regalia in france , p. . the things predicted in the apocalyps , are with reference to exactness of number and measure , p. . the origine of the name fanatick , ib. the author asserts this as a fundamental principle for the quiet of the world , as well as of a mans own conscience , viz. that no man is warranted by any intention of advancing religion , to invade the right of the sovereign power that is inherent in princes by the municipal laws of their countries , ib. the author gives his iudgment of the set time , ( humanly speaking ) for the extermination of presbytery here being come , p. . of the illegality of the scotch covenant , p. . the assembly of divines here would have been arbitrary in excommunication , ib. the first paragraph of the covenant introduced implicit faith , p. . the author of the book called , the true english interest , computes that , were slain in the late civil war in england , p. . observations on his majesty's and royal brothers exile into popish countries , caused by our presbyterians , and even out of holland into france , and out of france into spain , p. , . presbyterians are obliged of all men to speak softly of the danger of popery , p . an account of the present numbers of the papists in england , and some historical glances about the gradual decrease thereof in this realm , in several conjunctures since the reformation , from p. , to p. . the late earl of clarendon occasionally mentioned with honour , p. . the authors judgment that the growth of popery , and of the fears thereof will abate under any conjuncture of time here that can come , from p. to p. . in december , the protestants in paris mere but as one to , p. . observations on the late conversions in france , ib. the author explains what he means by the expression of religion-trade , ib. the author's assertion that the world can never be quiet and orderly , till its state be such that men can neither get nor lose by religion , from p. to . animadversions on a pamphlet aiming at the overthrow of the clerical revenue of england , and called , the great question to be considered , &c. p. , . the author asserts the present clerical revenue of england to be reasonable and necessary , and very far from excess in its proportion ; from p. to p. . the author's reason why he doth usually in this discourse call popery an hypothesis or supposition , and not it , or our former presbytery , in gross by the name of religion , from p. to p. , and after . the author's assertion , that papists as well as others of mankind , have a right and title to the free and undisturbed worshipping of god , and the confession of the principles of religion , purchased for them by the blood of christ , p. . the author distinguisheth principles of papists , socinians , and presbyterians into religionary and non-religionary ; and shews to what principles the name of religion is absurdly applied , from p. to p. . the author observes it in many papists , who have deserted the church of england , that the rational religion they were first educated in , hath had the allurements of the natale solum , that they could never wholly over-power , p. . an observation of three of the nobility that went off from the church of england to that of rome : but receded not from the candour of their tempers , and that neither of them perverted their wives or children to popery , and that the eldest sons of them all are eminent sons of the church of england , and make great figures in the state , ib. turen after his being a papist , as kind to his protestant friends as formerly , ib. the author shews , that none need be afraid of any roman catholick prince who was formerly a protestant , from p. to . non-conformist divines not scrupling the lawfulness of what the conformists do : but were ashamed to confess their error , p. . 't is a shame for such divines to censure the belief of religionary notions in a high born prince , p. . by the falsity of such divines principles , as many hundreds of thousands were here stain , as were bare hundreds put to death , in the inglorious reign of queen mary , ib. a confutation of one argument brought for london's being desig●edly fired by many popish persons , p. . the author's iudgment that the fermentation that hath been in the kingdom , will not prove destructive but perfective to it , p. . the author's iudgment that all policy civil or ecclesiastical , will be accounted but pedantry , that postpones the consideration of the building capital ships , and their maintenance and equipage , p. . that religion-traders are really of the trade of beggars , p. . more concerning the breaking of the trade of beggars , and of court-beggars , ib. the reason why our english mininisters of state , have not writ their memoires , as those of france have done , p. . the author of the present state of england , observed to say in part d , that the yearly charge of his majesty's navy in times of peace , is so well regulated , that it scarce amounts to , l. per annum , p. . what the lord keeper bridgman in his speech to the parliament in the year saith , that from the year , to the late dutch war the ordinary charge of the fleet communibus annis , came to , l. per annum , and that it cannot be supported with less ib. the author believes that the ordinary naval charge hath in no years since , amounted to less than , l. per annum , besides the vast charge in building new ships and rebuilding old , and the charge of summer and winter guards , and of convoys and ships against argier , p. . since the year , the king hath enriched the kingdom with a more valuable fleet than it had before , ib. the manifold payments to the vsurpers amounted to one entire subsidy in each week of the year , and what the kingdom paid before , exceeded not usually one subsidy , or th in two or three years space , ib. the nature of our old gentle way of assessments called subsidies , ib. instead of the demanding of members from the parliament , above were forcibly secluded from it , ib. taxes afterward levied in the name of a house of commons , when there were no knights of the shire for english and welch counties , and but one knight of the shire in other counties , and only the full number of knights of the shire for counties , and when york , westminister , bristol , canterbury , chester , exeter , oxford , lincoln , worcester , chichester , carlisle , rochester , wells , coventry had no citizens , and london instead of , and glocester and salisbury alone had there full number : and when by a parcel of about permitted to fit , the whole clergy as well as layety of england was taxed , ib. and p. . the vsurper by his own authority only , laid a tax of , l. per month on the nation , p. . he afterward had a giving parliament that calculating the charge of the nation , found , l. per annum , necessary for the navy and ports , and settled on him in all , , l. per annum , ib. their helping him into the power to break the balance of christendom as he did , hath entailed on the nation for ever , a necessity of labouring hard to support the publick government , ib. a descant on the saying of dulce bellum inexpertis , from p. to p. . a calculation of the number of the people now living , who are inexperts : i. e. who are now alive , that were born since the year , in which our wars ended , or were then children , viz. of such years as not to have experienced or been sensible of the miseries and inconvenience of the war : and a calculation of what numbers of those who lived in , are now dead : and what proportion of those now living , who lived in that time of the war , did gain by the war : and of the number of such inexperts in ireland and scotland : p. , , . the vsurpers seized into their hands about a moiety of the revenue of the kingdom , p. . 't is observed that presently after the discovery of the gun-powder treason , the parliament gave king james subsidies , fifthteenths and ths of the layety , and subsidies of the clergy : and what they amounted to . the author shews how just and natural it was for the parliament believing that plot so to do , p. , . an intimation of the reason of so much hatred in france against the earl of danby , p. . the authors belief that the future warlike state of christendom , will necessarily prompt all patriots , instead of studying to make men unwilling to promote publick supplies , to bend their brains in the way of calculation , to shew what the kingdom is able to contribute to its defence , and how to do it with equality , ib. the judgment of sir w. p. that if a million were to be raised in england , what quota of the same should be raised on land , cattle , personal estate , housing , ib. the iudgment of the same author cited for the second conclusion in his political , arithmetick , viz. that some kind of taxes and publick levies may rather encrease than diminish the common-wealth , p. . an account of the exact roman prudence in the equality of taxes under the ministry of the censors appearing from the civil law , ib. the great care and exactness of the leading men in queen elizabeth's parliaments to calculate the levies , and to render the same equal , ib. the disproportionate taxes laid by the vsurpers on the associated counties and others , have caused the weight thereby to aggrieve many of those places ever since , ib. lilly the astrologer complaining , that whereas he was taxed to pay about s. to the ship money , he was in the year rated to pay about l. annually to the souldiery , ib. the author's belief and reason about republican models necessarily growing more and more out of fashion , p. , . observations on the great clause of proponentibus legatis in the council of trent , p. . the preserving of orderly proportion in the revenue of the prince and the priest , and with respect to number weight and measure under the times of the gospel , agreed on by divines to be referred to by ezekiel in vision from the th chapter to the end of his prophecy , p. . how augustus his great tax or pole helped to confirm the christian religion , p. . the author's opinion that future , legal , and equal taxes will have the effect of strengthening the protestant religion , ib. observed that the parliament may be justly said to be indebted to the crown , for that great part of its patrimony queen elizabeth alienated to secure the protestant religion , ib. the fears of popery further censured , p. . ridly and latimer prophesied at the stake , that protestancy would never be extinguished in england , p. . roger holland prophesied at the stake at smithfield , that he should be the last that should there suffer martyrdom , ib. observations on the natural prophesying of dying men and its effects , p. . the vanity of mens troubling the world by suppositions , ib. and p. . 't is a degree of madness to trouble it by putting wanton impossible cases , p. . the author without any thing of the fire of prophecy , and only by the light of reason presageth , that the excessive fear of popery as we●l as its danger will here be exterminated , ib. the justice of the claim of king charles the first , to the title of martyr asserted , p. , , . the author judgeth that some vile nominal protestants by the publication of many seditious pamphlets , have given the government a just alarm of their designs against it , p. . of papists and protestants being antagonists in shamms , p. . mr. nye cited for representing the dissenters , acted by the jesuites in thinking it unlawful to hear the sermons of the divines of the church of england , p. . false witnesses among the jews allowed against false prophets , p. . the earl of anglesy's courage and iustice asserted in the professing in the house of lords his disbelief of such an irish plot , as was sworn by the witnesses , tho the belief of the reallity of such a plot had obtained the vote of every one else in both houses , ib. above irish papists in the barony of enishoan demean'd themselves civilly to the english during the whole course of the rebellion , ib. several eminent ingenious papists in england , and foreign parts celebrated for their avowed candour to protestants , p. , , , &c. d' ossat's acquainting the pope , that if his holyness were king of france , he would show the same kindness to the huguenots that harry the th did , p. . cromwel being necessitated to keep the interest of the kingdom divided , was likewise necessitated to keep up all religions according to the politicks of julian , p. . of the papists calling king james julian , ib. the author inveigheth against the calumny of any protestants who call any one apostate , for the alteration of his iudgment in some controvertible points of faith between papists and protestants , ib. the author's reason why 't is foolish to fear that any rightful prince of the roman catholick perswasion that can come here , will follow the politicks of julian , ib. 't is shewn that any protestant vsurper here must act à la julian , ib. the vsurper cromwel shewn to be a fautor of priests and jesuites by the attestations of mr. prynn and the lord hollis , p. , . the danger of popery that would have ensued lambert's vsurpation , p. , . how true soever any vsurpers religion is , he must be false to the interest of the kingdom , p. . observed that the kings long parliament by the act for the test , did enjoyn the oaths of allegiance and supremacy to be taken , ib. those oaths lay on the takers an obligation to the kings heirs and successors without any distinction of the religion true or pretended of such heirs and successors , ib. mr. prynn's book called concordia discors printed anno , to prove the obligation by those o●hs to the king's heirs and successors , commended , ib. the author mentions the reasons that induced him to write casuistically concerning such obligation : and promiseth to send that his writing to his lordship , ib. the author judgeth that he ought not to be severe to any papist before he hath a moral certainty of such papists having imbibed any of the principles imputable to p●pery that is unmoral or inhumane , ib. the author observes that few or no writers of the church of rome have lately thought fit by their pens , to assert the inheritable right of princes , without respect to any religionary tenets they may hold , p. . the author thinks that for a protestant at this time to write for the devesting any roman catholick prince of his property and right of succession , when few or no writers of the church of rome , either do or dare for fear of offending the pope , employ their pens for the preservation of such his property and right without respect to to any religionary tenets he may hold , is like drawing against a naked man , ib. d' ossat affirms , that the pope and the whole court of rome hold it lawful to deprive a prince of any country to preserve it from heresie , ib. an animadversion on a late pamphlet concerning the succession , ib. reflections on the house of commons proceedings in the exclusion bill , ib. and p. . the author gives an explanatory account of the tempus acceptabile , he in p. mentions , p. . his majesty's constant contending for the protestant faith celebrated , and likewise his iustice in preserving the property of the succession in the legal course by all his messages to the parliament , p. . the unhappy state of that prince who shall for fear of the populace , do any act of the iustice whereof he doubts , and much more of the injustice whereof he is fully convinced , p. . at large . the caution to the angel of the church of philadelphia applied to such a prince , viz. hold fast that which thou hast , that no man take away thy crown , ib. at large . 't is not only popery but atheism in masquerade to do an unjust act to support religion , p. . king james disavowed the act of his son-in laws accepting the title of king of bohemia , ib. an observation that in the common-prayer in king charles the sts time , relating to the royal family , the prayer runneth for frederick prince palat●ine elector of the rhine , and the lady elizabeth his wife , ib. the author observes that in the assembly's directory the lady elizabeth is styled queen of bohemia , p. . an account of the governments avowed sence in king james's time , that any of the princes of england ought not by becoming roman catholick to be prejudiced in their right of succession to the crown , ib. the same sense of the government in the time of king charles the st , ib. the parliament during the civil war projected not any prejudice to the right of succession , on the account of any religionary tenets , p. . mention of somewhat more to confirm the claim of king charles the st , to the title of martyr , beside his adhesion to episcopacy and its revenue , ib. an account of the protestation of the nonconforming ministers in the year relating to the king's supremacy , wherein they assert the royal authority inseparably fixt to the true line , whatever religion any prince thereof may profess , p. . the author pe●stringeth the protestant would be 's and new statists of the age that would for religionary tenets barr any of the royal line from the crown , ib. and p. . the protestants in france now about millions , p. . their loyal demeanor to harry the the th , after he became a papist , ib. his condition after he became one , ib. an account of the apology for john chastel the scholar of the jesuites assassinating him● and of the positions in that apology , ib. the a●ology affirms , that excommunication for heresie doth quite take away any regal right : and that henry of bourbon cannot be called a king by reason of his conversion , p. . an account of the gun-powder treason out of thuanus , and the tenets that the traitors had imbibed from their confessors , and particularly , that heretical princes by being reconciled to the church of rome recover not a title to their crown : and that by such reconciliation they only save their souls : and that heresie barrs the hereticks line from the succession , &c. p. . observations on the millenary petition in the beginning of king james's reign , ib. observations on the papists petition to him about the same time , p. . dr. burnet's history of the reformation commended , p. . the reason why the author would have more severity shewn to a seditious protestant than a seditious papist , p. . mr. fox referred to about his question , whether the turk or pope be the greater anti-christ , p. . an account of the popes being pensioners to the turk , p. . the author observes in the famous hosius of the church of rome , a viler blasphemy than any he remembers in the alcoran , p. . observations on the loyalty of many papists in france to harry the th , when he came to inherit the crown , and remained a protestant , and under the papal excommunication , p. . harry the th , an expected protestant successor , was primier ministre to harry the d a papist , ib. an argumentative speech of an arch-bishop of france to prove , that harry the th ought not for his religion to be debarred from the crown , ib. maimbourg reflects on calvin for his instigating the magistrates of geneva to burn servetus , ib. and p. . dr. peter du moulin cited for saying , that in the time of the late usurpation , the jesuites were the principal directors of the consciences of the english papists , ib. a book published anno observes , that of the papists in england , parts of were gentlemen and people of great quality , ib. the author believes that the more ingenious and modest sort of jesuites , will by natural instinct be more and more ashamed of the turpitude of the former principles of the iesuites : and particularly of the th , th , th . th , d . contained in the popes decree before mentioned , p. . the author judgeth that all bloody and rebellious principles owned by any who call themselves protestants must naturally by shame and fear decay , ib. mr. cranford a presbyterian divine cited for saying in a printed sermon at st. pauls , in the year , that in years there did not arise among us so many blasphemous heresies under episcopacy , as have risen in these few years since we have been without a government , and that above errors have been here since broached , and many of them damnable , ib. and p. . a speech in a late parliament referred to for observing that according to the best calculation , the dissenters could not in the last elections for knights of the shire bring in above in into the field , ib. the present gentlemanly temper appearing in the people of england observed , as to the not having r●sentments against any men or their converse by reason of their asserting controverted points capable of the name of religion , p. . the great controversy about easter now slighted , ib. the terms of omo-ousios and omoi-ousios will make no more fermentation in the world , p. . the word heresy now generally here reduced to its quiet primitive signification of an opinion without reference to truth or falshood , ib. our courts christian do no more prosecute men for being hereticks , than for being usurers , ib. there is now a more valuable libera theologia in england , then was under the usurpation , p. . the obligation our land hath received from the royal society mentioned , ib. the knowledge of anatomy enriched within this last century , a d part , ib. there were in the year reckoned in christendom , , monasteries , ib. by herods infanticidium a million and thousand slain , in the account of volzius , p. . in years the spaniards in america put to death millions of indians , ib by the growing populousness of mankind we must naturally hear more and more of wars and rumours of wars , p . in the beginning of the reign of the royal martyr , england not afraid to contend with both france and spain , ib. , l. per annum calculated to have been formerly at a medium for years gained to england by the balance of its whole trade , p. . the author en passant calculates that england hath for late years gained double that summ by the fashion of crape , ib. ten times as much spent on the law or physick here as on the clergy , p. . by the calculations of cardinal pool there were more colleges and hospitals in england then in france , which ( he said ) exceeded england by two ds in the numbers of people , as in lands , p. . the author observes that in the code loüis published in the year , the method injoyned for the registring the christenings and burials in each parish in france , is better contrived than that used in london , ib. 't is supposed that the publishing the observations on the bills of mortality about three years before in london , might occasion the aforesaid exact registring of the christenings and burials in france , and moreover the registry of the marriages by the code loüis enjoyned , p. . the registring of the births and burials is as old as the ancient times of the romans , and introduced among them by servius tullius , ib. the pruden●e of the code loüis remarked in the numbring of the regulars and seculars there enjoyned , ib. sometime before the year , the number of men in spain being taken by secret survey , there were returned a hundred and thousand and and men , ib. a computation out of thuanus of the expences and receipts of lewis the th for the year , ib. the expences and receipts of that crown were more than quadrupled in the year , p. . a calculation of about a d part of the current coyn of england yearly carried into france , ib. a descant on the saying so much in vogue , viz. res nolunt male adnimistrari , and an account of its original , ib. the author supposeth that a more important linen manufacture will here happen from the many french protestants here lately planted , than was the woollen one here introduced by the dutch whom duke alva's persecution brought hither , p. . remarks about the general sowing of hemp , and flax here , and about the designed settlement of the same proving abortive in several parliaments , ib. the french king in the last war did forbid the importation of sail-cloath to england , ib. a presage of the future happy state of england and the authors idea thereof at large , ib. and p. . an account of the rough hemp and flax and sail-cloth and all other manufactures of hemp and flax yearly brought into england , and from what countries , deduced out of the custom-house books , p. . all the hemp and flax sown in england , is observed to be bought up by the years end , p. . almost as much hemp and flax yearly brought into amsterdam , as into the whole kingdom of england , ib. the authors judgment of the effects of the necessity that will drive us on to the linen manufacture , ib. an account of the fine linen lately made by the french protestants at ipswich : and of the flax by them sown , ib. the author's censure of the excessive complaints of the danger of popery , ib. his belief that the future state of england will make men ashamed of their pass'd fears of popery , ib. the vote of the house of commons for the recalling the declaration of indulgence carried by the party of the nonconformists , p. . most of the papists of england in the year , computed to be under the guidance of the jesuites , p. . many popish writers have inveighed against gratian the compiler of the decrets of the canon law , ib. that law never in gross received in england , ib. binds not english papists in the court of conscience , ib. a tenet ridiculously and falsly in the canon law founded on cyprian , ib. gratian's founding it on cyprian gives it only the weight it could have in cyprian's works , p. . pere veron's book of the rule of catholick faith , cited for gratian's decrees , and the gloss claiming nothing of faith , and bellarmine's acknowledging errors therein . ib. one definition in the canon law , and gloss held by all papists ridiculous , ib. the author thinks he has said as much to throw off the obligation on any papists to obey the pope's canon law as they would wish said , ib. he thinks himself morally obliged in any theological enquiry to say all that the matter will fairly bear on both sides , ib. heylin and maimbourg cited about the firing of heretical villages in france , p. . parsons and bellarmine cited by donne for rendring some things obligatory that are said by gratian , p. . the author expects that the growing populousness of england will have the effect of rendri●g men less censorious of any supposed political errors in the ministers of our princes , p. . mr. fox cited for his observation of many excellent men falsly accused and judged in parliament , and his advice to parliaments to be more circumspect , ib. the author minded by that passage out of fox to reflect on the severity in a late parliament in their votes against the king's ministers , ib. the injustice of the vote against the earl of hallifax , p. . the earl of radnor occasionally mentioned with honour , ib. the constancy of the earl of anglesy to the protestant religion further asserted , p. . mention of his lordships being injuriously reflected on in a speech of sir w. j. ib. the unreasonableness of the reflections on the lord chief justice north , for advising and assisting in the drawing up and passing a proclamation against tumultuous petitions , ib. the great deserved character of that lord chief justice , p. . throughout . a reflection on the popularity of sir w. j. and on the ●●●essive applause he had from the house of commons after his speech for the exclusion-bill , p. . sir leolin jenkins mentioned with honour , ib. the cabal of sir w. j. observed to be full of fears of the exclusion-bill passing and their not knowing what steps in politicks to make next , ib. the earl of peterborough at large mentioned with honour , ib. and p. . a further account of the authors prediction of england's future happy state , ib. and p. . the author observes that the most remarkable late seditious writers have published it in print , that they feared the next heir to the crown only as chief favourite to his prince , and that they judged that the laws would sufficiently secure them from fears of his power if he should come to the crown , p. . an assertion of his never having advised his prince to incommode any one illegally , and of his not having used his own power to any such purpose , ib. the author judgeth such persons to write but in jest , who amuse the people about being lachrymists by that princes succession , ib. the author reflects on our counterfeit lachrymists for not affecting as quick a prevention of any future growth of popery , as was 〈◊〉 care of in scotland , p. . he observes that few or none in scotland fear that popery can ever in any course of time there gain much ground , ib. the papists in that kingdom estimated to be but , ib. the author believes that the fears of poperies growth will be daily abated in england , and in time be extinguished , ib. more popish ecclesiasticks observed to be in holland , then ministers in france : and that yet none in holland pretend to fear the papists , ib. the authors judgment of the dissenters sayings being usefully published , ib. some notes on the geneva bible seditious , ib. the same tenet of firing heretical cities that is in the popes canon law founded on the th of deuteronomy , is chargeable on our late presbyterians , ib. the assemblies annotations cited to that purpose , ib. the church of england illuminates us with better doctrine , p. . bishop sanderson cited for that purpose , ib. calvin as to this point did blunder as shamefully as our assembly-men , p. . several of the calvinistick and lutheran divines imbibed the error of hereticidium from the same mistaken principle of monk gratians , ib. the presbyterians here fired the church and state with a civil war , ib. the authors belief that there will never be any new presbyterian synod in england nor general council beyond sea , ib. the popes pensions in the council of trent that sate for years , came to l. sterling per month , ●b . the author predicts the extermination of all mercenary loyalty in england , ib. the reason of such his prediction , p. . the lord hyde first commissioner of the treasury mentioned with honour , ib. what the new heaven and the new earth is that the author expects in england , ib. the reason that induced false prophets to foretel evil rather than good to states and kingdoms , p. . at large . the same applied to our augurs who by enlarging our fears and jealousies and their own fortunes thereby , rendred the genius of england less august , ib. the authors measures of the future state of england are taken only from natural causes , and natures constancy to it self , p. . a short account of several great religionary doctrines having naturally pierced through the sides and roots of one another , p. . the religion of the church of england hath naturally pierced through the sides and roots of protestant recusancy , ib. the numbers of the non conformists are daily decaying , ib. there were in the year judged to be in england brownists , ib. the gross of the numbers of non-conformists always consisting chiefly of artisans and retail-traders in corporations , p. . they were very numerous there before the king's restoration , ib. a new way by which their numbers and potency may easily there be diminished , ib. the author judgeth the continuance of the old laws against protestant recusants to be necessary , p. . the lord keeper puckerings speech of the ill behaviour of the puritans in , referred to , ib. the prudence and justice of the king's measures asserted , as to the not repealing the statutes against protestant recusants , ib. the peace of munster observed to have removed the popular fears abroad in case of the successions of lawful princes differing in iudgment from the religion established , p. . the author of the catholick apology with a reply , cited for there not being one priest , one mass , one conversion more in england , in the year after the declaration of indulgence , then in any year of trouble , p. . the author mentioneth the soft and gentle disposition of bellarmine , p. . the authors reflecting on the principles of the iesuites with sharpness as the pope and his court of inquisition have done , ib. the author disowneth all acerbity and rancour relating to the usage of any papists , ib. he observes that the putting roman catholick priests here to death , did propagate their religion , ib. the author observes that an english priest of the church of rome hath done him the honour to adopt as his own many passages of the authors long since printed , that were disswasive of the use of force in matters of religion , p. . observed that if it be not lawful for every man to be guided by his private judgment in matters of religion , 't is hardly possible to acquit our separation from the church of rome of the guilt of schism , ib. the author not inclined to be severe to any papist for being in any tenets that may properly be called religion , guided by his private judgment to receive the guidance of the church of rome , ib. the custom of authors of large discourses , publishing together with them a review , ib. he promiseth to the earl of anglesy a review of this discours● , p. . the author will in a short review explain some passages on occasion , and add others , ib. if he doubts of any thing or shall alter his opinion of any thing therein , he will in the review acquaint his lordship why he doth so , ib. the author thinks that as none but cowards are cruel , so none but dun●es are positive , ib. c r diev·et·mon·droit honi·soit·qvi·mal·y·pense royal blazon or coat of arms devon , jan. . . my lord , as to the candour of the english nation that was formerly so very extraordinary , and the whiteness and sweetness of the temper of the people of england that did adde to the representing it a land flowing with milk and honey , and to the making it like the galaxy to have one brightness from thousands of fixt stars placed so high by nature , that they could not suffer the least eclipse by the shaddow of the whole earth ; we may well since the publishing of the horrid affidavit of the infamous person , and so many valuing themselves as the best of men upon their believing what was sworn by the worst , lament the temporary decay of so great a part of the glory of the english good nature . and they who knew your lordship , ( and consequently knew you to be a steadfast approver of the doctrine and discipline of the church of england ) have reason more particularly to be sensible of what concern'd you in that calumnious affidavit , because the wretch presumed therein to fasten on your lordship the sanbenito of a court of rome - papist , and to represent you as a favourer of popery or the papal usurpations that were in harry the th's time hence exterminated , and as an endeavorer to stifle the evidence about the plot notify'd by the government for the recalling that kind of popery . altho i know no christian more tenderly inclined then your lordship to shew all christian indulgence to the persons of popish and protestant recusants , and have sometimes observed your lordship while you were wishing that none of the new articles of faith in the tridentine creed were by any believed , yet out of tenderness to the persons of devout and loyal papists , with great reason to wish likewise that no odium might come to such from the name of popery for their profession of such tenets as are held by the greek and other churches who yearly curse the pope , and are so curs'd by him ; yet none need doubt but that your lordship will as much as any man account it the opus diei by all due means to oppose all plotted designs whatsoever to retrive the papal power of usurping over the crown , or conscience . my lord , there are some among us who would usurp on and appropriate to themselves the name and thing of protestancy , and would be thought the only true protestants , and would be monopolists of all the heat and light against popery . but as i shall make bold to come in for my share with them , so i shall yet acquaint your lordship , that if i may in any part of this letter to you seem with any excess of passion to reflect on popery , i shall before i take leave of you afford you such a patriotly and gentlemanly reason of my warmth against it , ( as i think ) hath not by others been given , nor particularly by some pedantick anti-papists , who render their conversation nauseous by their eternal talking of nothing but popery , and while they are neglectful of all the due means to prevent its growth . these things being therefore premised , i shall in despite of the affidavit , say that i will be the last man in england who shall believe that my lord privy seal can be such a court of rome-papist . i think it was st. augustine , who meaning well in a pang of zeal , cry'd out on one occasion , credo quia impossibile est : but i shall both as to the truth of any deposing or imposing doctrine , and of your lordships believing it , ground my disbelief on the impossibility of either . when i hear men say , they look upon it as an exerting of a miraculous power divine that the globe of the earth hangs in the air without falling , i interrupt not their thoughts of devotion , but know that the earth which is ballanced by its own weight , cannot fall but it must fall into heaven , coelum undique sursum : and should any one tell me of your lordships falling into any gross erroneous doctrinal opinions , i who have long observed the constant tendency of your understanding toward the center of truth , cannot apprehend any danger of your falling from it . so likewise when i hear men impute it to the divine benignity that they were not made flies or toads , i disturb not the piety of their thoughts , but know that it was not possible to make me , that is to say , endued as i am with a rational soul , to have been a fly or a toad ; which creatures by their very natures are devoyd thereof . and thus tho sometimes some protestant may turn such a papist who hath an understanding sway'd by secular interests and sensual appetites ; yet in the condition of that excellent manly understanding of your lordships , which has so absolute a soveraignty over all brutish inclinations , whereby you and all others whom heaven hath favour'd with such endowments , do as much transcend degenerate mankind as they do beasts , the errors of such doctrines will be too gross for you to be able to swallow . nor is it more possible for your lordship to believe such popery acceptable after you have surveyed the several parts of it with your penetrating judgment , unwearied diligence , and the incomparable candor worthy of a lover of truth , and indeed worthy of your self , then it was possible for sir francis drake after he had sailed round the earth , to believe the opinions of st. augustine and lactantius who deny'd its rotundity . to celebrate your lordships accurate knowledge of , and constant zeal for the protestant religion among the happy few that have the honour of your retired converse , were to gild gold , and to fear the possibility of its appearing upon any enquiry that you are not of that religion , is to think or fear that gold can be destroyed . i have upon my occasional debates with some persons that would make you a papist whether you will or no , call'd to mind some discourse i had with you long since , concerning your birth and education , and thereupon considering the closeness of your education in the protestant religion , have as much wondered at thinking how it was possible for any principles of such popery to get into your mind , as at wild beasts getting into islands . while i consider how the first thoughts of childhood ripening into youth , are like the first occupants claiming and generally keeping possession during life , i am apt when i hear of any man's owning any brutish or savage tenets , to think of the egg of such a crocodile , and from what animal it came . and he that shall look back on your lordships beginning , will find you descended of noble and renowned parents , both by father and mother , who likewise were esteemed ( as i may say ) noble bereans for searching into the scripture , and thereupon owning the protestant faith : in a word of a whole family of consessors , if sir iohn perrot lord deputy of ireland , your great grandfather , your grandfather annesley an eminent commander at sea , and a principal undertaker in munster in the reign of that blessed queen elizabeth , that great statesman francis lord mount norris and viscount of valentia a faithful servant to the crown in many great employments , and among the rest , principal secretary of state , vice-treasurer , and treasurer at wars in ireland to two great kings of famous memory , king iames , and king charles the first , and the family of the phillipses of picton castle in pembrokeshire , out of which your mother came , have their just respect allow'd them . your lordship being born in dublin received there your name in baptisme at the nomination of your noble sponsor arthur lord chichester , who had been deputy of ireland eleven years , and for whose name the protestants of that kingdom have still a great veneration . i remember you further acquainted me , that at your age of ten years the scene of your education was removed to england , and that afterward you spent four years in magdalen-college in the university of oxford , where you enjoyed the learned conversation of dr. frewen then president of that college , and since that archbishop of york , and of dr. hammond , and from whom and other persons of that university , many have been made acquainted that your lordship was then an ornament of that place , and an eminent proficient in all academical learning , and that you there performed exercise for your degree with the general applause of that place . and there where you came to that great mart of knowledge with so great a stock of natural reason , and improved the same with so much logick , and conversed so many years with the great champions of the church of england , i am sure ( if i may without affectation use a school term ) your lordship could have no motus ▪ primo primus to approve any papal imposition upon reason . i remember that you told me , that your father transplanted you thence to the society of lincolns-inn , where with unwearied steps your diligence it seems overcame the craggy ascent of the study of the common law of england : but where the pleasant height of it compensated your pain in the way , and gave you not the landscap of one valley , but the prospect of all the land of the people of england beneath it , fenced in with the enclosure of property ; of men , ( according to the scripture expressions ) sitting under their vines and fig-trees , and none making them afraid , where the pastures are cloth'd with flocks , and the valley covered with corn that they shout for joy , and sing , where our oxen are strong to labour , and no breaking in , nor going out , and no complaining in our streets ; and of a numerous brave nation not capable of being enslaved by any wills or passions but their own . and sure where you learn'd the science of this noble law , that is , a law of liberty , your self and your brethren in that honourable society must needs eccho back that great exclamation of the peers of england , nolumus leges angliae mutari , and not endure the servitude of the law of the pope , or which is all one , his will. yet moreover such was my lord mount norris his zeal that you might by all means imaginable be confirmed in your aversion against the papal usurpations and arbitrary government , that he then sent you to foreign parts , that you might see those monsters you had here but read of , which occasioned your travelling into france , savoy , and many parts of italy . i have been told that your father the lord mount-norris his commands and his concerns both domestick and publick call'd you from rome to england toward the year . when several parliamentary addresses and remonstrances against the papists , and encrease of their power and numbers had been made . the thunder of the parliament had then at that time so cleared the air of england from the infection of popery , that i suppose none will think you could be then tainted with it . and the civil wars of england afterwards breaking out , when both parties appealed to god for the decision of their cause by the sword , and contested with each other in publick declarations , about which of them was the greater enemy to popery , it had not only been very impolitick , but extreamly ridiculous for any man at that time , by being a fautor of the papal usurpations , to expose himself to the fencing with two enraged multitudes , which would have produced the same effect as would a iesuit's preaching a postilling sermon here against the yearly burning of the pope to the populace employed in that solemnity . my lord , i find my self her engulfed in writing a long letter ; and the truth is , having a great concern for your lordship's honour , i am willing to take pains to satisfie my self exactly by thus tracing your lordship's steps on the stage of the world , that i may satisfie others so about your being as averse as any one can be from supporting any papal power to invade the rights of conscience , or those of princes . the roman historian speaking of nero , saith , tyrannum hunc per quatuordecem annos passus est terrarum orbis . and it may truly be said , that england formerly has endured the popes tyranny , and the artifices of its favourers for some ages : but the patience of man has bounds , and the propagators of such usurpation who had so long maintain'd a separate soveraignty here , the which is like an animal living within an animal , did find that as the lesser creature is evacuated by the greater , or destroyed therein , or doth else destroy the greater animal , it was so held to be in the case of such power among us , and as no doubt it always will be by your lordship . when your travels were ended , and you had with the help of the education your father gave you , saved him by your knowledge of the lex terroe from falling as a prey to arbitrary power , and thereby shewed your self both a good son and great patriot , the first scene of publick employment wherein your lordship appeared with eminency , was as governour of vlster by authority under the great seal of england ; a charge of difficulty , when the forces from scotland under the command of major general munro had so long ruled absolutely there , that the english interest had suffered a great eclipse and diminution . how you managed affairs during your government there , and how by your councils the most pernitious and potent rebel owen roe o neil was opposed , and his design to swallow up that province and the province of connaught disappointed , and the protestant interest in both united and encouraged , and under your conduct and command the titular popish archbishop of tuam taken , and by the seisure of his cabinet and papers , the popish design upon ireland discovered and broken , in due time i doubt not you will more particularly inform the world. from that service your lordship was upon the ill success of those commissioners who were first sent to the then marquess of ormond , employed to make the capitulation with the said marquess then lord lieutenant of ireland , for the surrender of the city of dublin , and all other garrisons under his command , into the parliaments hands for securing them from the irish rebels , who had invested and streightned the same : which happy work was effectually accomplished by the articles made with the said marquess already published to the world , and so the protestants interest in that kingdom made entire , and so considerable that they daily gained ground of the confederate rebels , till at length they were wholly subdued and vanquished . after those articles concluded , and reception of the said city and garrisons , your lordship was called back into england , where being a member of the house of commons , you shewed your self no less useful to this kingdom ; and have since in parliament and council , and other great imployments in both kingdoms shewed your self an eminent instrument both in his majesties happy restoration , who entirely trusted you with the management thereof , and in other great affairs of state and government to general satisfaction , being never by those that knew you so much as suspected for evil council , or want of zeal and faithfulness to your king or countrey , but every day gaining more the love and esteem of protestants and patriots , as you had incurred the implacable hatred of the popish and arbitrary factions . i cannot here but observe , that a little before the kings restoration , the spirit of the people universally shewing its resentments so strong and vehement against lambert and his committee of safety , and against all the propounders of projects of government , that nothing but his majesties return to the throne of his ancestors could quiet the people , and your lordship then as president of the council by your great wisdom contributing highly to the dispatch of many arduous and intricate affairs requisite to make that great revolution without bloudshed , when things near their center were moving so fast , it may well be reckon'd among impossible things , that your lordship should now espouse the papal interest , when the vogue , the humour , the sense , and reason , and spirit of the people are bent against it , with as keen and strong and general an antipathy as can be imagined . and when i consider that great real power you had in the kingdom at that time , testify'd not so much by your signing all the great commissions then for military and civil employments , as by both the king , and the best and wisest of the people in the three kingdoms putting themselves in your hands , and having their eyes chiefly upon you as to the management of the political part of that mighty concern , i cannot but thinking of your lordship whom thus the king and kingdom delighted to honour , apply to you these words in valerius maximus , where he speaks of agrippa menenius , whom the senate and people chose arbitrator of their differences , and to ●ompose matters between them , quantus scilicet esse debuit arbiter publicae salutis : yet as great as this man was , he could have no funeral , unless the people had by a pole given the sixth part of a penny to defray his funeral charges : but your lordships case in one particular seems harder then his , for they who unjustly go to take away your good name , and to make a papist of you , go about to bury you alive . had your lordship after the king's restoration aspired after the power of a chief minister , or suffered any such to be committed to you , you must have took it with the concomitance of universal envy , that hath always in england been fatal to such power , england having always thought such power fatal to it . 't is the power it self of such a minister that is look't on as a popular nusance ; and t is impossible for such a great man by raising his power only to what he thinks a moderate height , to keep it secure and lasting . for tho a steeple be built with firm stone , great art , and but with a moderate height , yet are there clouds charged with lightning and thunder , and moving in the ayr sometimes not higher than the top of such a steeple , and the pryamid or sharpness of such a steeple then ( as i may say ) tapping or broaching such a cloud that comes that way , is instantly burnt and thundered down ▪ and the multitude of the primier ministres adorers , who are always pleasing or troubling him with their sacrifices , do all with sudden confusion leave him when he begins thus to fall , as if thunder-struck from heaven . we find in rushworth , that iune the th . caroli , it was ordered upon the question , that the excessive power of the duke of buckingham , is the cause of the evils and dangers to the king and kingdom . and we may well suppose , that if a parliament doth still as one man set themselves against a monopolist but of one little pedling commodity , that they will look on a chief minister as one that would , or in effect doth monopolize the beams of the sun , i mean the kings eye , and as one that alone hath the kings ear , and as one that is the great forestaller of the court-market of preferments . and happy it is for a chief minister , that the way of parliamentary impeachment hath been in such antient usage , for that rids the people of the outrage of that minister , and that minister of the outrage of the people . our stories speak how barbarously cruel the brutish rabble was to dr. lamb , called the duke's conjurer , and the reason why the people hate those they call conjurers so much is , because , they think such have a power to hurt their children or cattel ; and the same reason makes them hate one that they look on as a kings conjurer , who they think can hurt their property , and one who on occasion can raise up domestick and foraign devils to molest them , and especially if he cannot lay those devils when he has raised them , and who can if he will put the people to charge , and to the danger of starving to feed his familiar spirits . when once the people find by any mans power , the fence of the law begun to be broken down , they will go in at the gap , and 't is nothing but the law that secures a chief minister , and them against one another . st. austin therefore doth rationally in his de civitate dei , charge the miserable condition of the romans on the contempt and breach of their laws ; and saith he , people were promiscuously put to death , not by judgment of magistrates , but by tumults , neque enim legibus & ordine potestatum , sed turbis animorumque conflictibus nobiles ignobilesque necabantur . your lordship therefore when you had been a repairer of the breaches of the nation , and of the law therein , and ( in the scripture expression ) a restorer of paths to dwell in , as easily and unconcern'd gave up the great deposit●m of power the king and kingdom entrusted you with , as ever you restored the least to a private person , and have ever since among the councellors of your prince both endeavoured to make your country safe , by giving counsel against any neighbour nations being too powerful , and to make your self secure by your not grasping more power than you saw in the hands of each of your honourable colleagues , as well knowing that any single minister that shall here set up to be a dispenser of the soveraign power , had need either still wear a coat of male and an iron brest-plate , or bind the whole kingdom to the peace . your lordship can hardly look into antient history without meeting examples of the people like the leviathan playing in the ocean of their power , and spouting out their censures both with fury and wantonness , when they are dooming the great . you know the lacedemonians did reprimand their lyc●rgus because he went with his head stooping , the thebans accused their paniculus for his much spitting , and the athenians simonides because he spoke too loud , the carthaginians hannibal because he went loose in his garments , the romans scipio because he did snore in his sleep , the vticenses cato for his eating with both jawes , the syllani iulius caesar , for wearing his girdle carelessly , the romans were angry with pompey for scratching himself but with one finger , and likewise for wearing a garter wrought with silver and gold on one leg , saying that he wore such a diadem about his foot as kings do on their heads , though yet it seems the only cause of his wearing it was to hide a sore place there . and in these above-mentioned cases we are not to think that those ancient and wise people who thought the rest of the world barbarous , could censure those persons so barbarously for those sensless reasons , but out of a hatred to the persons censured , were resolved to strike at the first thing they met , how innocent soever in it self , in persons they thought they had reason to represent odious . a late great man , who in a public speech in parliament render'd the english tongue as having the monopoly of the term good nature , found that they had not engrost the thing when they imagined that his ministry monopolized much of the regal power . and another eminent person , afterward a minister to his majesty , suffered as a favourer of the french , at whose imprisonment i have heard that the lov●re rang with as much joy and triumph as if they had carried the point in a great fight at land or sea ; and he likewise suffered obloquy as if concern'd in the infamous murder of sr. edmond godfrey , from which he was certainly as free as from having killed iulius caesar : and how far the embroider'd garter about his leg , made him like pompey , envyed , i know not ; but as i said 't is a chief ministers power the people of england strike at , who may not be unfitly resembled to alexanders bucephalus , that would let none but alexander ride him , nor could alexander himselfe do it till by holding him against the sun he kept him from being frighted with the sight of his shadow . and when one subject seems to be the representative shadow of the body of the whole people , the sight of him frights them so as to make them uneasie to be ruled , and therefore i think his majesty did rationally provide for the public security when he signified his pleasure in a speech in a late parliament about not ruling us by a single ministry . i should not wonder if your lordship were called a papist if you had been the possessor of any such power , that name being now the angriest the people can throw at any one , as it was before the late warres , when archbishop laud who had writ so well , and so much against the papists , fell under the weight of that name , but really by the power of that chief ministry he had in the state of england after the death of the duke of buckingham . and at that time the currant definitions of a papist , and of one who enjoyed arbitrary power were the same , and the things made conve●●●ble , or devils dancing in the same circle . and so likewise the vouge at this time obtains among the populace who cannot see through the hard words and things in definitions , and if you ask them what is a papist , they will tell you he is one that is for arbitrary power , and asking them what is one that is for arbitrary power , they will say a papist . and in cases where the people do not think fit to begin with execution , common fame goes for proof against such a minister , and the political whispers of other great men who inspire them , goe for demonstrations , and they think knocking down arbitrary power with arbitrary proof is a good baculi●um argumentum ad hominem , or rather a monster of power , for as such they look on one of the people , who is so by the head higher then themselves . i know none to have observed the constitution and customes of the government of venice better then your lordship , and there any one that is but arbitrarily affected ( as our term is here , popishly affected ) is taken volly before he comes to the ground , or at furthest , at his first rebound , and his head made a tennis ball before he comes to be bandi'd among the people , i mean he is first sumonarily dispatcht , or made away , and his plenary process is dispatcht or made up afterward . your lordship hath in the course of your travels been there in person , but my eyes have only beheld it as a traveller in mapps and authors : one of whom , namely boccaline in his raggnagli di parnasse speaking of venice saith that the dreadful tribunal of the councel of ten , and the supream magistracy of the state-inquisition , could with three ballotting balls easily bury alive any caesar or pompey who began to discover himself in that well governed state. and according to the lawes of that country any aspirer of the first rate so sunk by the shot of the ballotting balls , may be said to be kill'd very fairly , though there was no more citation in the case then in that of the martyrdom of sir edmond godfrey , who yet according to the principles of the canon law was likewise killed very fairly . i here allude to the style of the brothers of the blade , who when sworn at a tryal about one murthered in a duel , usually depose that he was killed very fairly , and indeed i have by a neighbour of mine , who is a civilian , been shewn it in a civil law book called the second tome of the common opinions , in folio , book . p. . printed at lions , that rebellis impunè occidi possit , & tunc demum probari & declarari quod erat rebellis : and the canonists do as i am informed by him all agree , that valet argumentum à crimine laesae majestatis se● rebellionis ad heresim , and with good reason according to the popish hypothesis , for that , he that is a heretic , is a rebell or traytor to the pope , and therefore a heretic by that law may be destroyed before his process is made . but the kings of england , like those of israel , are merciful kings , and in the laws of england , iustice and mercy are still saluting each other , and with as much kindness as they can possibly shew without embracing each other to death , and the meanest commoners life in england becomes not a forfeit to the law , but after a tryal by his equals ; and in this , our law agrees with that gentleness and equity inculcated by grotius de iure belli & pacis , book . chap. . temperamentum circa captos , § . . where he saith , cato censorius ( narrante plutarcho , ) si quis servus capital admisisse videretur , de eo supplicium non sumebat , nisi postquam damnatus esset etiam conservorum judicio . quicum conferenda verba , iob. . . i must confess i was very much shock't with one expression used in a long speech by one of the managers of the house of commons in the trial of the earl of strafford , wherein the saying that beasts of prey are to have no law , was applyed to the earl. i am sure that wolfs and boars are beasts of the forrest , as well as harts and hinds , and in the kings forrests where they are in his protection , they are to have law , and so likewise foxes . to this metaphor of hunting of men in parliament , there is an allusion in the printed letter of mr. alured in rushworths collections , o. caroli , where 't is said , that sir edward cooke in the house protested , that the author and cause of all their miseries was the duke of buckingham , which was entertain'd and answered with a cheerful acclamation of the house , as when one good hound recovers the scent , the rest come in with a full cry : so they pursued it , and every one came on home and layed the blame where they thought the fault was . but yet by this saying of alured , it seems they thought they were to give him law ; and 't is a brutish thing to suppose that wild predatory beasts have in the kings forrests more protection , and more exemption from being arbitrarily hunted down , than his liege people to whom he is sworn , have in the whole realm in general , and in his courts of justice in particular . that time seemed not so much 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 : but your lordships knowledg in the laws of the land and in the laws of nations is so universal and profound , that you can come to no court in the world , but will either find law there or bring it : and your great knowledg of the parliamentary transactions in all past ages , cannot but secure you against any apprehensions of not finding law. for it hath been rarely seen , that a house of commons has gone to hunt any man down tho with the law , that was not a nimrod a mighty hunter of our laws themselves ; and never was the house of peers thought a court of rigor and cruelty , and as the tribunal of cassius was for its dire severity called scopulus reorum . in the end of the famous tryal of the earl of strafford , the house of commons foresaw that the lords would acquit him , and therefore they broke up the judicial prosecution against him , and proceeded by bill of attainder , and shortly after broke in pieces on his grave the rule and standard of treason they proceeded by , as heralds break their staffs at the funerals of illustrious persons , and cast them into their tombes . had i been one of that lords judges ▪ i should have consented that after he had been hunted so long by the prosecution for treason , and was not judicially convicted of it , he should have had the priviledg of a hart-royal proclaimed , of which manwood in his forrest law speaking , saith , that if the king doth hunt a stag he is called a hart-royal , and that if he doth hunt a hart in the forrest , which by chacing is driven out , and the king gives him over , as either being weary , or for that he cannot recover him , then because such a hart hath shewn the king pastime , and is also cervus eximius , and that therefore the king would have him preserved , he causeth proclamation to be made in the adjacent villages , that none shall kill , hunt , hurt , or chace him , and hinder him from his return to the forrest , and ever after such a hart is called a hart-royal proclaimed . but i think that an eximious man impeacht in parliament and there acquitted , will need no herald to proclaim his worth , nor his deserving to be restored in integrum to the royal protection and favour , when that his own works have praised him in the gates , that is , in the jurisdiction where they were so strictly scann'd . my lord , if any could prove your lordship to be a papist , he need not call that accumulative treason in you , nor need he go about by torturing the law to make it confess many felonies to be one treason , many rapes to be one false coming : but popery in you would be plain down-right , palpable and rank treason by vertue of the statute of of elizabeth , ch. . which makes it high treason for any person in the dominions of the crown of england to be withdrawn from the religion then established , to the romish religion . that your lordship hath been bred a protestant , and been so ( as it were ) ex traduce , there needs no other evidence then the contents of this letter , and that you have not been withdrawn to the romish religion , you have declared by the series of your actings against it , that shew your mind beyond the power of words : and 't is by the help of that great wisdom god has given you , that our english world expects that a way may be found how to make it more clearly appear to the eye of the law when any others have been or are withdrawn to the romish religion , a thing perhaps at present of somewhat difficult proof : for without supposing that the pope can or will give them dispensations to take all oaths and tests that can be devised , doth not a reserving some fantastic sense to themselves , make nonsense of all oaths , and that one word equivocation make them proof against all other words ? doth not that with them sanctify , or at least justify all other words they can use ? may they not on these terms safely swear there is neither god , nor man , nor hell , nor devil , that is meaning , not in a mathematical point , or in vtopia , and that they saw not such a man such a day , that is , not with the eyes of a whale ? and have not the late dying speeches of some of these imposters , and particularly father irelands , shewn us , that in the points of mental reservation and equivocation they persevere in the impudent owning of that which would unhinge the world , and turn humane society into a dissolute multitude ? and do we not believe many to be papists , who we know have taken the oaths and tests ? hath not a papist some years since writ of the lawfulness of the taking of the oath of supremacy ? i speak not this , my lord , to derogate from the wisdom of our ancestors that appointed these discriminations , nations , and do think that when we have used all the lawful means we can , to know who among us are papists as certainly as we do what is popery , and to keep papists from hurting us and themselves , we ought to acquiesce in the results of the providence of god. but what all those means are , tho i know not , yet i am apt to believe that your lordships comprehensive knowledg of men and things , and of the true interest of the kingdom hath qualified you to tell your royal master and his houses of parliament : nor do i believe that the difficulty of either finding out such means and making practicable things be practised will blunt , but rather whet the edg of your industry in this case , as being of quintilians mind who judged that there was turpitude in despairing of any thing that could be done . i think his words are turpiter desperatur quicquid fieri potest . ●tis certainly the interest of the king and kingdom that the numbers of the papists here , and especially of those withdrawn from protestancy to the church of rome should be known , in the case of which apostates , tho it be impossible without seizing on the papers and archives of one certain priest to see the original acts of their recantation of protestancy , yet is it most certain and on all hands confessedly true , that eminent overt-acts of abhorrency of protestantisme are alwayes required at the admitting one who was of that religion into the bosome of the roman catholic church : which any one will be convinced of who reads the letter of cardinal d'ossat to villeroy of the th of octob. . from rome , where he gives his opinion against the queen of england being made godmother at the baptism of madam . that cardinal who had incomparable skill in the canon law , and the knowledg of all the customs of the papal see , and who had lived at rome above years , saith in that letter , i account it my duty to write to you freely that that cannot be done without very great scandal to good catholicks , nor without the extream displeasure and offence of the pope . you presuppose that the queen of england is a catholic : but here we know the contrary , tho some believe that she is not of the worser sort of heretics , and that she has some inclination to the catholic religion . and i will tell you moreover , that tho she were in her heart of the catholic apostolic and roman religion as much as the pope himself , so it is that she having been bred up in heresie and outwardly persisting in it as she doth , she cannot according to the canons be held for a catholic in public acts of religion , till she hath first both viva voce and by writing under her hand abjured all heresie , and made profession of the catholic faith. nor was it ever known , that in the case of any protestants apostacy to the church of rome , any pope ever dispensed with those canons , and therefore it may well hence be inferr'd , that if evidence just so much as the law requires as to such apostacy be given , that no superpondium or proof of overt-acts more then necessary ought to be expected , for that overt acts almost impossible to be proved , may yet necessarily be presumed : but this by the way . and therefore now further , my lord , if fas est ab hoste doceri be adviseable in the case , as strict circumstances may be required in the conversion of papists to our church , as are in the withdrawing of any from our church to theirs . indeed if i were a member of parliament , and any one there should be so happy as to invent a way , and propound it whereby the present lay-papists in england might let us have a moral certainty that they neither consented to nor concealed the late plot , and likewise that they did really detest all those desperate popish principles that are fundamentally destructive to the safety of the king and kingdom , and that they would harbour no priests born in the kings dominions , nor send any of their children to be bred in forrain seminaries ; and on the contrary , that on occasion they would discover to a magistrate any such priest , or one who sent his children to such seminary , and likewise any one that owned any of those pernitious principles that strike at the heart of the civil government , and that they would presently give his majesty an accompt of all their own names , places of abode , and numbers of their families , and that they would not live in nor come to the court nor into any of our cities or great towns , without leave obtain'd pursuant to the statute of the th . of elizabeth , ch. . ( wherein 't is enacted under several penalties , that they shall not remove above five miles from their dwellings , and to give in their names to the constables , headborough , and minister , &c. ) and that the people might be delivered not only from any danger by them , but any fears that might fall on a wise man , either of their power or numbers encreasing i should joyfully entertain such an invention ; but what way of that kind is practicable , i am altogether ignorant , but do suppose that the present lawes , oaths , and tests , ought to continue till with the consent of his majesty and lords and commons in parliament we are further secured . i know that we ought to be much more vigilant over english papists , then over any forrainers , for that 't is a kind of a rule that angli nil modicum in religione possunt , and therefore that no popish priest who is a subject to england can with the public safety live here . your lordship hath i think as comprehensive a knowledg of the affairs of ireland , as any man can have , and therefore i shall here tell you that a gentleman of ireland told me that in the times of the usurpt powers 't was in the act of settlement for ireland by the parliament declared , that it was not their intent after almost a national rebellion to extirpate the whole irish nation , but that after an exception of certain persons as to life and estate , the act orders some irish to be banish'd the kingdom , and other irish to be transplanted to some part of ireland , allowing them such proportion of land and estate there as they should have had of their own elsewhere in ireland if they had not been removed . what effect that transplantation had i know not , but i suppose it easier to remove a handful of men from one corner of the land to another , then 't was to remove almost a nation : and do suppose there are some papists in england as innocent of this late plot , as there were some in ireland of that rebellion , the dean of canterbury doth in his incomparable sermon before the house of commons on the th . of november acknowledg the piety and charity of several persons who lived and dyed in the roman communion , as erasmus , father paul , thuanus , and many others who had in truth more goodness then the principles of that religion do either incline men to or allow of . and so i think my self bound in justice to judge in that manner of some papists of my acquaintance . thus the epicureans of old tho their principle of making happiness consist in pleasure was detestable , gained this point , that many of their sect were honest men : and so much tully acknowledged to be true , but with a salvo to his exception against their doctrine speaking of epicurus and his followers , l. . de finibus boni & mali : he saith , ac mihi quidem videtur quod ipse vir bonus fuit , & multi epicurei fuerunt & bodie sunt , & in amicitirs fideles , & in omni vita constantes & graves , nec voluptate , sed officio consilia moderantes . it seems to me that epicurus was a good man ; and many of his sect have been and are faithful in their friendships , and constant and serious men in every condition of life : and managing the conduct of their life 's by duty and not pleasure . but then saith he , hoc videtur major vis honestatis , minor voluptatis ▪ and afterwards he saith , atque ut caeteri existimantur dicere melius quam facere , sic hi mihi videntur melius facere quam dicere : as much as if he had said , no thanks to their principles , but their honest inclinations , the force of honesty shew'd it self more predominant in them , then that of pleasure : and as other mens principles are accounted better then their practises , these mens practises are better then their principles . it is i think gods standing miracle in the world , ( who is able to make a divulsion between the formal and the vital act , namely , to make fire not burn ) to keep some men from undoing themselves and mankind by the genuine consequences of the opinions they profess in matters of religion : and thus it is happy for the world , that caliginosa nocte premit deus nepotes discursus : and he can by an omnipotent easiness when he pleaseth , divert a mans understanding from seeing any first-born consequence from his opinion , as well as a more remote one . moreover , the divine power doth in the government of the world interpose it self sometimes between professed notions or principles themselves , and mans intellectual faculties . good men sometimes do not believe even the existence of that and of some other divine attributes , where the things to be believed are to be seen by the light of nature ; and bad men habituated to lying sometimes do at last believe the lyes and shamms themselves made , though yet for the most part it happens ( what is perfectly worthy of the divine power and goodness ) when men are with candor and purity of mind seeking after truth , that-heaven does so influence their understandings , as that they are not by false lights artificial seduced to believe any thing against the light of nature , nor given up by weak arguments to strong delusions . these things considered , i think that that great divine of our age , the lord bishop of lincoln , hath with a noble modesty and charity in the title of his unanswered and unanswerable book against popery , exprest the principles of that religion when really believed to be pernicious . and having said all this , i need not trouble your lordship or my self much further about finding a way to prevent the papists from troubling us , but do suppose that the papists themselves are most concerned to labour in such an invention . and instead of their being led by any hellish principles to destroy any city of course by sinister means , that is by burning it , they may , if they please , in their devotion , address to heaven for that favour to its old chosen people on earth mentioned in psalm . . v. . and he led them forth by the right way , that they might go to a city of habitation . i suppose , that after so eminent a person as the lord high chancellor of england in his speech at the condemnation of the lord stafford , made that great interogation , does any man now begin to doubt how london came to be burnt ? and after the vote of the last parliament the last day of their sitting in these words , viz. resolved , that it is the opinion of this house , that the city of london was burnt in the year by the papists , designing thereby to introduce arbitrary power and popery into this kingdom , they will not think it strange that they should not be permitted to live in any of our cities again , till they have shew'd how orderly they can live in one of their own : and therefore i think we may without breach of civility , or at least violation of justice , apply to them some part of the words which i find quoted by dr. bramhall lord bishop of derry in his just vindication of the church of england , out of gers. part . . ser. de pace & unit . graec. as the farewell speech to the bishop of rome , when the graecian and all other eastern churches parted from him , whom they acknowledged only as a patriarch , namely , we acknowledg your power , we cannot satisfie your covetousness , live by your selves . how it is in the case of the people of switzerland , papists and protestants living apart by themselves in several cantons , cannot be unknown to your lordship : nor that the protestants and papists when they there made their league at first joyntly to maintain their liberties against the house of austria , then agreed upon this also , that if any of the natives living in the cantons of either side should change their religion , that then they should be permitted respectively to sell their goods and transplant themselves to the canton whose religion they embraced . but i shall tell your lordship , that of late the popish canton switz did break this agreement , and would not suffer some of their native inhabitants to partake of this freedom , and did confiscate the goods of some families that changed their religion , and at the instigation of the fryars and iesuits they condemned some of them to death , and others to the gallyes which was the cause of a commotion among them . the gentleman of ireland who discourst somewhat to me of the transplantation of the irish papists , told me , it was into the province of connaught , and think into the in-land parts of that countrey , for to have trusted them to live in maritine towns there , whereby they might have let in an invading popish or other forrainer , were to have trusted them with the power of the keys of the kingdom : and he further told me , that the transplantation was managed with much satisfactory tenderness to those papists , and that as to english and irish , it had partly the nature of a bargain that gave content on both sides , and secured them against each other after all the mutual exasperations that had passed , and when 't was fresh in the memory of both english and irish , that 't was the promiscuous and scatter'd dwelling of the english among the irish before the rebellion that tempted the irish to butcher them , and made the english sheep for the slaughter ; and when it was not likewise forgot , that in former wars the partition or distinction of the english pale did secure the english inhabiting within its district . i askt the gentleman if they were not stinted to a certain number of priests , and care taken that none of them should be iesuits , and that the chief governour of the countrey should know their names , and whether any priests natives of that country were allow'd them ? as to which enquiries he did not fully satisfie me : but i supposed , that since all religions have a priest-hood , that somewhat of that kind was allowed them , and that since the order of the iesuits was invented in the year . by the pope as a poysonous stumm to put a new fermentation into the romish ecclesiastical rites and discipline , which were almost dead with age ; and like vina vetustate edentula , and quite dispirited with the thunder of the doctrine of luther , and the lightning of learning and knowledg then flying through the world ; and that that order of the iesuits was ( as it were ) a court erected to begin with execution , and to confute gainsayers by cutting their throats , no iesuits were permitted to officiate among those transplanted papists , and considering that the priests natives of ireland were the known fomenters of that rebellion , that both english and irish might rather consent to some secular priests bred in holland or france , being employed in the new irish colony , and who had no knowledg of the intrigues of the several interests in that country , and would not by kindred or relation to any of the great families there perhaps be tempted into factions . i have heard from that gentleman of mr. peter walsh a fryar in ireland and of his endeavours in the art of cicuration of some of the romish clergy & layety who there were wolfes ( and that without sheeps cloathing ) and reclaiming them to principles and practices consistent with civil society , and what proficiency his disciples have made therein , i being a stranger to that kingdom know not ; but according to that saying , bonus est quem nero odit , have the better opinion of him for those endeavours of his having been crown'd with the popes excommunications . it was a noble saying , i have heard of one of the house of peers this last parliament , i hate not the persons of any papists , but i am an enemy to popery : in like manner i should be glad that all the mercy were shewn them that were not cruelty to the public ; but they are to excuse any one that will not forget that when they begun the last outragious rebellion in ireland ( which no words need or can aggravate ) they enjoy'd there equal priviledges with the english , if not greater , the lawyers were irish , most of the judges irish , and the major part of the parliament irish , and in all disputes between english and irish , the irish were sure of the favour ; and any one would be inexcusable to this kingdom , who forgot that king iames's unparalel'd kindness to his popish subjects in suspending the execution of penal laws against them , in sparing their purses , in remitting the arrears of what they owed queen elizabeth for pecuniary penalties , nay giving into their hands what money of theirs as his due was in the exchequer , was but the ●rologue to their intended tragedy on the fifth of november . and what provocations they had to be ill wishers to the life and crown of the last king , as appeared by the detection forementioned presented to his majesty by arch-bishop laud , and a charge given against them in print by the reverend dr. peter du moulin , which he offer'd to make good ; and ad quod non fuit responsum , let any one judg who further does look on the parliaments addresses in rushworths collections . and unless some of them had loved ingratitude for ingratitudes sake , they would never have enter'd into that conspiracy against his now majesty , whose life is the delight of all mankind but theirs : and yet since according to that expression , that god is not the god of the iews only , but also of the gentiles , so it being true , that the king is king of the papists as well as protestants , king of the irish as well as of the english , and a common father to them all , it may be worthy of his royal goodness and a god-like thing in him to distribute to them all the kindness that would not undo themselves and others , as the divine bounty dispenseth itself to the sinful , yet with respect to the government of the world. and as the love of an indulgent father may be measured more by the kindness he would shew an obstinate son , ( were he qualified to receive it ) then by what he doth , who tryes all methods to reclaim him , by his will disinherits him , and goes down to the shades below without revoking such a will , and yet in his life-time with the tenderest bowels and softest language he was constantly bemoaning that sons being not a subject fit or capable to participate in the estate equally with his brethren ; thus too may the love of the pater patriae , and of the country it self be demonstrated to these our obstinate brethren , more by the favour we do not afford them , then by what we do , having often seen the truth of what solomon saith , that the prosperity of fools destroys them . but , as i said before , i would be glad that the papists themselves would try to find out what way of security the wisdom of his majesty and his great councel may acquiesce in , so that any bitter way may not be prescribed to them by public authority , as perhaps this of transplantation or some other may seem , and that persons of innocent tempers and principles may not be carryed off , with those of noxious ones , as all strong purging phisic disposesseth the body of some good humours as well as bad : and i therefore wish , that they may rather satisfie his majesty that they have transplanted into their minds some such principles as are to be found not only in protestant but heathen authors to incline men to be gods and not devils to one another , ( and those principles growing in the soil of nature when transplanted into the mind of a christian , are much more generous and improved , like the vines on the rhine transplanted into the fortunate islands ) and whereby a protestant king may sit securely in his throne , and his protestant subjects sleep securely in their houses , and walk securely in the streets without fear of the fate of sir edmond godfrey and mr. arnold , pursuing them upon a declaratory sentence that they are hereticks , by a shabby consult of a few ignorant priests in a blind cabaret , without citing them to shew cause why they should not be knock't on the head by villains who account themselves the popes sheriffs , and at the worst that happens to them his martyrs , a fate of prote●●ants worse then they suffered in the dog-days of queen maryes reign , ( that canicula persecutionis as tertullian's phrase is ) for then they were not murder'd , but after a tryal for their lives and liberty granted to recant at stake . methinks when they consider the popes decree made at rome the second of march . condemning some opinions of the iesuits and other casuists , ( the which in latin and english was printed for richard chiswell at the rose and crown in st. pauls church-yard . ) and see thereby that the augean stable of the casuists being so full of filth that it could hold no more , the pope to avoid the scandal of the world , and danger to those souls who by the practice of those opinions were not at that time sent to the place from whence there is no redemption , ( though yet as the excellent author of the preface to that decree here printed judiciously observes , that the pope treats those opinions very gently and mercifully , and indeed doth not declare them ill in themselves , or such a nusance to souls that he could not dispence with ) and when they likewise consider that most of those opinions if not all were rules allow'd by iesuits or other casuists for confessors and penitents to go by in the securing of the great concern of eternity till that time , and that guymenius with the approbation and permission of his superiors in the year . favours most if not all of those opinions with a colourable gloss out of councels , fathers , school-men and divines , and endeavours to throw off the odium from the iesuits for them , upon the whole roman church , they should now be so awaken'd as throughly to examine both those and other points in that religion , supposing that some future pope may declare the souls left in the lurch that hold some other opinions recommended to them by their spiritual guides , without their having obtained a papal dispensation to hold them . my lord , though i believe your lordship to have ever had as keen an antipathy against caballing with any papists as good old iacob shewed he had against that with simeon and levy , of which he said , o my soul come not thou into their secret , unto their assembly , mine honour be not thou united , yet their necessary applications to your lordship in your administration of the privy seal and their voluntary recourse to the hospitality of your noble and constant table , where any one in the habit of a gentleman is allowed to be your guest , giving you opportunities of discoursing sometimes with papists , i suppose your advice to them to consult with one another in peace how to satisfie his majesty , that all bloody consults being by them abandon'd , he himself may enjoy the kings peace , and we his subjects enjoy that peace of the king which his very wild beasts in the forrest enjoy , ( as i said before ) and where any of the inhabitants if they have lights in their windows that may affright the kings deer are lyable to punishment by the forrest law , and that we being delivered from the hands of our enemies , may serve god without fear in holiness and righteousness all the dayes of our lives , and not be in danger of being in the kings high-way knock't on the head like weasels or polecats by base ruffians not worthy to feed the dogs of our flocks ; i say i suppose your lordships advice backt with those reasons against popery that you alwayes carry ready told , may especially at this time when the ecce duo gladii or two votes of the house of commons in the last two parliaments cannot be forgot by any of them , occasion their offering that to the consideration of his majesty and his great councel , that may render the kingdom safe from any hostility of their principles or practises . your lordship hath one advantage in giving advice beyond most men i know , and perhaps no man is master of that advantage more then your lordship , and that is your advice to any of mankind , is the advice of a friend ; for both by your natural temper , and a habit that can plead the prescription of sixty years for its continuance in your soul , and a sharpe edge of wit and reason to justifie your claim to it , so it is , that you are in a constant readiness to shew your self a friend to every member of that great body , wishing his happiness as your own , extending the arm of your beneficence as far as it can reach , to the remotest object without hurting your self by the straining it , with a pitying eye and a tender hand , and forgiving heart , guiding unhappy men out of the very labyrinths they had brought themselves into by injuring you , accounting your mercy to be justice to humane nature , adorning greatness both in your self and others with goodness , in the case of the injur'd poor and weak making oft the great and the mighty asham'd of their oppression by your reason ( and alwayes with language as soft as the yoke they intended was hard ) when you could not make them afraid of it by your power , and blushing your self for the degeneration of mans nature , when you saw any that shame could not divert from the turpitude of injuring their brethren of mankind , and by your compassion alleviating that burthen of the miserable that they had sunk under but by your fellowship in their grief , and never dispensing either the kings reproof or your own to offenders without moderation , and respect to the frail state of humanity , and without that mixture of benign advice that gave the malheurevs a plank after the shipwrack of their fame , and very often running the hazard of drowning your self by helping to save those that were sinking in the favour of the king and court , and when their fate was such that all the rest of the herd avoided them as a wounded deer . in a word they that know your lordship know that by arguments hard to be answered and a softness of words and temper almost inimitable you have proselyted several papists out of their pernicious principles , and have taught them goodness by your example , and by your having that happy inclination that hillel a famous jewish doctor who lived a little before our saviours incarnation so well advised , namely be of the disciples of aaron , who loved peace , and followed peace , and who loved men , and brought them near to the law. your lordship by your being so well vers'd in our statute laws and histories is able to acquaint them with the justice of our ancestors in the making of many fresh additional capital laws ( for sanguinary they ought not to be called since just ) against papists upon the detection of several fresh horrid treasons , & particularly those against queen elizabeth and king iames , and that our ancestors then having a great and violent indignation against popery and papists made laws with the dread of the vltimum supplicium therein , and further the anger of man could not go . but it cannot scape your lordships observation that the violence of passion not being capable of lasting long in its highest rage how just soever and especially in the brest of an english man and a protestant , those hot statutes made only ( as i may say ) a hizzing like a little fire thrown into water , and as to their execution went out presently . nor have i ever heard of any one that apostatiz'd from the church of england to that of rome who was as those statutes ordain punisht as a traytor , merely for so doing . and indeed since no stratagems are to be used twice and especially such as did not succeed once , i am highly pleased that on the discovery of the late detestable plot there was so great a calmness in the minds , so general a smoothness in the brows of the people , such an universal spirit of patience forbearance and meekness every where visible in their faces , even greater then that which shone in the minds and faces of the londoners when with composed looks they saw their city newly made ashes , and had smelt the incendiaries almost as soon as the fire , that none can imagine but who as eye witnesses observed ; and even on the fifth of november ensuing the discovery of the plot , the two excellent preachers desired to preach before the house of lords , and the house of commons on that day when both an old and a new plot were staring the nation in the face , happen'd to be with the peaceable genius of the christian religion and of the people in that conjuncture inspired in the choice of that same part of scripture that was their text and contain'd the calm yet severe reproof given by the founder of christianity to some of his disciples that would have been commission'd to call for fire from heaven to consume the inhospitable samaritans , in one of which sermons , namely that of the dean of canterbury's , 't is for the honour of our nation and religion by him observed p. . of the sermon , that after the treason of this day , nay at this very time since the discovery of so barbarous a design , and the highest provocation in the world by the treacherous murder of one of his majesties iustices of the peace a very good man and a most excellent magistrate who had been active in the discovery of this plot , i say after all this and notwithstanding the continued and insupportable insolence of their carriage and behaviour , even upon this occasion , no violence , nay not so much as any incivility that i have heard of has been offer'd to any of them . thus for the words of this good and learned man. he that loves not his brother whom he hath seen , how can he love god whom he hath not seen ? and the religion that prompts them to destroy our bodies that they see , makes them fearless in the damming of our souls that they have not seen , and even without giving us a minutes warning to make up our accounts with god , and that too perhaps for extravagant lenity shew'd to some incorrigibles among them , which was poor godfreys case . but the calm temper of the protestants to them upon the discovery of the plot not breathing out any cruelty or new severity against their bodies or souls shall alwayes endear to me the protestant religion . and though those two great votes of the house of commons may seem severe to the papists , yet are they warning pieces only if they please , and not murdring ones , and like the arrows of ionathan to warn david and not to hurt him ; and indeed only to warn them not to kill david , and not to hurt themselves , and in effect a reasonable request or petition of ●wo parliaments to them only to make much of themselves , and like the lenity that accompanied the divine threatning of moriendo morieris restrain'd to their eating of one tree , so that no flaming swords need fence up their way from the tree of life unless they please . but though the spirit of the people hath not on the occasion of the late plot shew'd its angry resentments against the persons of the papists by any outrage or rudeness , and though our parliaments have not on that occasion as those in the times of queen elizabeth and king iames made the anger of the statute book to swell with many acts of parliament against them , they are not to infer that therefore the anger of the people diffusive or representative is over , but rather the contrary , from it s not having appeared violent . and indeed as that heat of the body that is acquired not by an approach to a blazing fire , but gradually by gentle exercise of the parts is most lasting and most agreeable to its constitution , so is it with that heat of popular anger that is the result of the exercise of mens mindes and of several laboured intense thoughts most durable and salutiferous to the body of the kingdom . it hath been observed by a man of no vulgar intellectual tallents mr. philip nye ( a man indeed of great sagacity in his generation ) as i find it in his book called beams of former light viz. we know that in near a hundred years the reformation gained little upon popery and superstition more then was gotten by the first assault , nay it decay'd and popery grew under it so fast as at last we were almost returned into the same condition that we were reformed from , and this ( he sayes ) may be the cause why the first reformation prospered no better , there were the like severe , impositions and laws made upon occasion of difference among the protest ants and then advantages were taken thereby , and many put out of the master-role for nonconformity who were of greatest courage and most faithful resolution against popery and superstition the then common enemy . the silen●cing and ejection of ministers in queen elizabeths dayes , reformation being newly begun and the enemies to it many , the friends and those that faithfully engaged few , was looked on by the godly prudent of that age as very unseasonable , yea the their crimes had deserved it , because of the searcity of preachers at that time . there is nothing more frequent in our suffering brethrens writings that were then published against the hierarchy then a bemoaning the great loss to the cause and people of god thereby . i will mention but one , considering the season ( saith mr. parker ) though we were worthy , yet should we least be deprived now when popery riseth like the swellings of iordan , yea maketh invasion like an armed man , when there are wanting many on the other side in many parishes to stand up in the gap against it . doth not the canon law it self spare depriving for greater faults when there is penuria sacerdotum & quando utilitas ecclesiae exigit . thus far mr. nye , who whether he has assigned non causam pro causâ or no , as to the vigorous encreasing of popery after the reformation , i shall not say , and shall forbear even with the tenderest and gentlest hand to touch the sore place of the difference among protestants till we are secured against the rough hands of any esaws touching gods annointed . nor shall i now debate of which perswasion among protestants should strike sail to the others , till we have put off the fire-ship that hath grappled us , but shall here say that i think one cause why the protestant religion hath not since its first assaults against popery gained ground of it proportionably was what is necessarily incident to humane nature , and even in the most generous , and particularly english spirits after a great overflowing of passion to find in themselves the lowest ebb to succeed the highest tide , and our boyling blood to be the more dispirited afterward by reason of its former heat , and for us instantly to fall asleep when our spirits are taken off from the wrack that passion extended them on , and to try to recruit our spirits again by the passion of pitty or shame which we had wasted by that of anger , like men that after one excess refresh themselves by another . and as the great expenses of war which is the passion of anger raging in the body of a whole nation , necessarily at last end in a peace that continues till mens plenty blow them up into war again , so doth the spending and wasting the treasure of our spirits by anger necessitate us into a quiet , that lasts till being thereby recruited we are again capable to take fire from a fresh provocation and to trouble our selves and others ; but as men grow older and wiser they grow abler to moderate their passion of anger , and make it like fire , not a bad master but good servant to themselves and the public , not a fire that acts as natural agents ad extremum virium and so as anger acts and rests in the bosom of fools ( who are so far natural agents only as not guided by reason ) but as in the breasts of the wise , where reason rests and makes all passions as its messengers and ministers , not unresembling what is said of the most high that he makes his ministers a flame of fire , and so by god-like men who love others like themselves , their passion of anger is made like a guardian angel to themselves and others : and by thus according to that precept being angry and sinning not , the fire of anger in the protestants here against popery having long been light and restless , is at last got to its proper element where it doth not levitate and where it hath no burning but only a purifying quality , and thus the hatred of the english protestants against popery may be said to be as the scripture expression is , a perfect hatred , being now come to its height and proper element , which perfect hatred to popery , may always consist with a perfect love to papists , and cinge not a hair of their heads more then a lambent fire . my lord , i account that we do but justice to the persons of many of our roman-catholick acquaintance in pronouncing of them , that they have no plot but to get to heaven , and to follow the last dictates of their practical understandings as to the mind of god reveal'd in the scripture . i shall tell your lordship , that i entertaining my thoughts sometimes with the great pacificatory ones of our divines , have observ●d things there said with sharpness enough against the errors of papists , and yet with great sweetness as to the persons erring , and not only exempting these from odium in their holding problematick tenets contrary to ours , but asserting their just liberty so to do . and because one of our church of england-divines who hath writ at that rate , hath done it with a graceful mixture of wit and frankness , i shall here entertain your lordship with some of his passages about it . i intend here to refer you to an excellent sermon of dr. ingelo's , preached at s. paul's , and printed a. . and where in p. . he saith , i am afraid that christian religion will not recover for a good while , that honour which is lost by the uncharitableness of the present age. god grant that we may return speedily to the sincerity of the protestant principles . we know not what the christian religion is but by the scriptures , and by them we may know , for there it is plainly and fully set down . in things doubtful , if every christian may not interpret for himself ; how shall we justifie the protestants separation from the roman church , not to have been a schism , and , as the papists say , an apostacy from the true church ? they interpret one way , and we another . and was not the rigid imposition of their interpretations as infallible , one of those good reasons for which we departed from them ? but when we read these scriptures , they shall kill you , and think they do god service , and , by zeal i persecuted the church , and , they have a zeal , but not according to knowledge ; we may perceive that hot zeal may be accompanied with gross ignorance , and great cruelty . some that mean well , perhaps , may do shrowd mischief , and through impotence of spirit , inconsiderateness , ill nature , narrowness of soul , want of experience , and converse with wise men , &c. may throw fire-brands into the house of god. it is a strange device of pleasing god , to sacrifice his friends to him , when as he desireth not the death of his enemies . but those which kill them say , o , but they are in errour . really it may be so , for it is a very hard matter for such fallible creatures as we are , not to erre in some things , &c. but those are unmerciful guides , which kill plain-hearted passengers , because they have missed the way , when as it is likely that they , poor men , could not help it . i , but they will not go into the way when they are bidden . well , but will they do it , when you have killed them ? if they were out of the way , you have made them for ever coming into it again . since the wanderer did not hearken to you , it may be that he knew nothing to the contrary , but that you were as ignorant of the way , as himself . no , you had a book of it , wherein it was fairly mapp'd forth . that is , the bible ; and he had it too . but you understand it better then he did . i cannot tell that . however , are you infallible also ? if you be not , you may be out of the way your self , and if it should chance to prove so , you would be loath to be cudgell'd into it again . if you will glorify god , do as he doth . what is that ? he declares his will , teacheth us his truth , engageth us with a thousand mercies , to do our duty ; and notwithstanding we continue our disobedience , he awaits our repentance with a god-like patience . wilt thou go and do likewise ? no , because they receive not jesus christ , i will call for fire from heaven upon them . poor man ! thou art of a hot spirit , and wouldest thou have it increased with flames from above ? that fire enlightens , warms , and so melts , but doth not burn and fry men for their salvation . take heed what thou dost to others , &c. the common style in so many mens writings of religionary controversie is not more vexatious then that i have now entertain'd you with of this learned writer is charming . and indeed as turbid as this interval of time is while moral offices are calling upon us in our several stations by all due means to withstand papal usurpations ( and which men of sense generally mean by popery ) yet as to the tenets of transubstantiation and purgatory and others of that nature , however so much disgusted by the bulk of the nation , such bulky and voluminous controversial writing of them , as was long ago in use , is nauseous to the age , and the time spent in reading matters pro and con writ of such subjects would now be judged as the diverting men from regular action in opposing any papal usurpations . who is at all concerned about extension or divisibility being the formalis ratio of quantity , or at there being demonstration on either side , that hoth the one and the other is so ? but 't is one man's extending his confines on those of another man's estate , or his dividing a quota of it from him , that naturally makes controversie so hot and loud . when a man by pretending to illuminate another about the next world stands in his light in this , and when a handful of men would grasp all the dignities of this world because of their expectance of monopolizing those of the next ( and which indeed should rather allay their ambition in this according to that saying , — si tam certa manet gloria quid properas ? ) here the hinge of the controversie turns so angrily between so many protestants and so many papists ; tho yet i must here acknowledge , that as i know protestants enow , who neither repine at god's or his vice-gerent's choice of their instruments , so i do papists whose moderation is known to all men , and who are far from affecting any excessive over-balance of power in the services of their prince . and were i for my life to give our roman-catholick fellow-subjects the best advice i could for their own preservation , it should be their using all means possible to convince the world , that they affected nothing of such a paramount power , and aimed at no such thing . aufer ut uterque securius dormiat , was said by the stoick to him that was taking away his riches in the night . i am sure i shall never repine at it , if ever there should be a due or legal relaxation of any penalties that may seem sanguinary in making their purses bleed , but shall be content with its being out of the power of such among them who affect a growth of their interests under the pope as a fifth monarch , to render others of them liable to envy who only endeavour their growing in grace under the pope as their chief spiritual pastor . and tho perhaps to advise any hot-spurs among them to part with power , may seem durus sermo , as much as cutting off a right hand that has long offended themselves and others ; yet if it shall appear that by that means they will secure all the hands and hearts of protestants thereby for their defence , they will gain more then cent per cent in the exchange : as those who in our saviour's time forsook houses and lands for him , did according to his promise gain a thousand fold by it in this life , by the houses and lands of all other christians then being at their service . it is chiefly by the ab●enunciation , the study'd and labour'd declining of power , that the iews almost in all countreys christian and pagan are welcom guests , tho yet by their frugal living they generally under-sel the natives every where . mankind hath such a sharp regret against plotting the ruine of any company of men who are harmless and useful to the world , and in whom nothing but a tame humble quiet innocence appears , that on the con●rary they study to be their protectors , to be their guards , their watchmen , and men thinking god to be like themselves , they think such people are heavens care too . therefore in the th . advertisement of boccalin's ragguagli , the sheep sending their embassadours to apollo , desiring that they may be allowed to have sharp teeth and long horns , and not seem abandon'd by that divine charity that hath given offensive as well as defensive arms to hurtful animals , by whom they often suffered , and sometimes by their very shepherds who in sheering them would cut their skins , apollo told them , that no beasts were so much the favorites of him and of men as they , for that whereas others with great anxiety were forced in the night , the time of rest and sleep , to seek their food , that they could not do with safety in the day , men the lords of the earth bought at dear rates pasture grounds for sheep , and that tho men did make nets , feed dogs and lay snares for hurtful beasts , they employed shepherds and dogs to guard sheep , and that no shepherds could deal ill with their flocks without being chiefly cruel to themselves , and that therefore their security lay in not being able to fright their shepherds . thus every one is naturally abhorr'd who attacks a naked man , and from such a one lions themselves either through fear or generosity have made their retreat . the holy writ affords us a memorable instance of the divine displeasure , in the th of ezekiels prophesie against gog and magog , who are there branded as the invaders of a defensless city , 't is there mention'd in v. th and th . thus saith the lord god , it shall also come to pass , that at the same time shall things come into thy mind , and thou shalt think an evil thought ; and v. th . and thou shalt say , i will go up to the land of unwalled villages , i will go to them that are at rest , that dwell safely , all of them dwelling without walls , and having neither bars nor gates ; and in v. th , to take a spoil and to take a prey , to turn thy hand upon the desolate places , that are now inhabited , and upon the people that are gather'd out of the nations which have gotten cattel and goods that dwell in the midst ( or navel ) of the land . but it then follows v. . therefore son of man prophecy and say unto gog , thus saith the lord god , in that day when my people of israel dwells safely , shalt thou not know it ? that is , thou shalt know it to thy sorrow and by thy bitter experience of my wrath , what it is to disturb my harmless and quiet people in the world. the comparing of the following th and th v. shew this to be the meaning of v. th . and i believe if any of the people of gog and magog were allowed by the law to live apart by themselves , they might in any defenceless city be as secure from danger or fear of the protestant israel as they pleased . it hath been well observed by a great enquirer into humane nature , that a restless desire of power after power that ceaseth only in death , is a general inclination of all mankind ; and the cause of this is not alwaies that a man hopes for a more intensive delight then he has already attained to , or that he cannot be content with a moderate power , but because he cannot assure the power and means to live well which he hath present without the acquisition of more : and from hence it is that kings whose power is greatest , turn their endeavours to the assuring it at home by laws , or abroad by warrs . but as much as it is the inclination of the unthinking or brutish part of mankind , that power should be like the crocodile alwaies growing , the soberer few do know , that power will destroy it self if it shall be still ascending and hath not a center wherein to rest and be quiet , just as fire would perish in nature and destroy it self , if there were not an element allow'd it wherein to leave burning : and that therefore augustus wisely designed a law de cohibendis imperii finibus , and that the experience of antient and modern times hath taught the teachable part of mankind , that great empires have sunk under their weight , and have lost the length of their power by the widening it ; and that kings whose power is greatest ( as was said ) sometimes turn their endeavours to the assureing it at home by laws , which by giving it some bound are like letters about the edges of our coyn , decus & tutamen to it , the which makes it so sacred , that 't would be both treasonable and ridiculous to clip it , and that as the bees by their king have given the world an instance in nature of kingly power , so they have likewise another of kings governing by the power of laws . 't is a common observation , that tho bees are little angry fighting creatures upon occasion , and leave their stings in the wounds they make , rex tamen apum sine aculeo est , the king of the bees is without any sting , and the curious work of the hive goes on with a great deal of geometry , and idle drones are thence as it were legally expel'd who would there invade property . nor need the king of the bees ( say the naturalists ) have a sting , for the whole hive defends and guards him , as thinking that they are all to perish if their king be destroyed . and this would be the case of the papists , if they would be content so to part with the sting of their power that it could not hurt either king or kingdom , and might not come to lose it self by so doing , they would have the posse of every county to defend them , they would have the laws and the whole hive of english men to guard them , the very anger of the protestants would be a defensive wall of fire round about them . 't is true , that wild animals are by their constant fears of danger habituated to more cunning then tame ones of the same species , but all their little cunning renders them not so safe as the great wisdom & protection of the law doth the other ; and ranging and out-lying deer thrive not so well as those that are in the forrests . and here it falls in my way to observe , that the kings cautioning by the law of the forrests , that the mastiffs shall have the power took from them of hurting the deer , may well insinuate into us the reason and equity of all our laws that hinder its being in the power of a man to be a wolf to another , and of the power inherent by the law of nature in all soveraign princes to restrain any undue power of subjects from violating the public peace . as the law of god and nature command both iustice and mercy to be shewn to beasts , so doth the law of england provide that any mans person and estate should be seized into the kings hands in case of some wild cruelty to his beasts ; for he would appear in the eye of the law an idiot or a lunatic , that should put his horses or asses to the sword. that which i mention'd of the laws providing that the mastiffs of any inhabitants in forrests shall not have power to hurt the deer , is called by the forrest law , lawing of mastiffs , or the expeditating them , that is the three claws of their fore-foot to the skin are to be cut off ; and thus they are to be law'd every three years for the preserving the kings game , and the peace of his wild beasts . the regarders of the forrest are to make a triennial enquiry about it & tunc fiat per visum & testimonium legalium hominum & non aliter , that is not arbitrarily , there must be legal judgment upon legal testimony , and no dog law'd without judicial proceeding . this forrest law made in the time of our popish ancestors , did suppose ; that the kings game could not be preserved , nor the peace of his wild beasts , by the dogs being then either exorcised , or their lapping a little holy water , or any expedient ( as i may say ) without expeditation , which did ipso facto destroy their power of destroying the kings game and the peace of his wild beasts ; and therefore that 's the only valuable garranty we can have from those who without law and against law would hunt down the king himself and his tame subjects , that the excrescence of their power should be hambled or expeditated : but the modus of this i do again say ought by them to be tendered to the consideration of his majesty and the triennial regardors of the kingdom . i am sure 't is worthy the consideration of us english , what the learned frenchman monsieur bodin tells us in his book de republica lib. . cap. . vna est tenuium adversus potentiores securitatis ratio , ut scilicet si nocere velint non possent , cum nocendi voluntas ambitiosis hominibus & imperandi cupidis nunquam sit defutura . and now my lord to give your lordship a home instance of jealousie taking fire in some meerly from the power of another to do them hurt , i will instance in your self at this conjuncture of time . the nature of iealousie renders it to be a troublesom weed and yet such an one that growes in the richest soil of love , my meaning is , that 't is a fear of love not being mutual when one doth love intensely with desire of being so loved . my lord , in the picture of your mind that i have already drawn in this letter , i have only done you a little right , and not at all favour'd you , and 't is but justice to you to acknowledge that the protestant part of your country hath a singular love for you , with a desire of being so loved by you ; and 't is in this critical conjuncture of time that your power makes them fear the love not to be mutual . your lordship knows , that fear in people is an aversion with an opinion of hurt from any object , and they soon hate those things or persons for which they have aversion : and fear of hurt by power disposeth men naturally to anticipate , and not to stay for the first blow , or else to crave aid from society and from others especially whose concern may be the same or greater then theirs , and who are their representatives , and to wish ill to those who make them sleep in armour , or to stand in the posture of gladiators with their weapons pointing , and their eyes fixed on another , and to be still in procinctu , and all those passions sprung from the root of jealousie , as far as they exceed the bounds of reason , are degrees of madness . and tho mans life be a constant motion , and for the most part in both a rugged way and near precipices , yet during that madness men are still by their own scorpions scourging it to make it move faster then the regular and intended pace of nature , and injuring themselves with their passions , are content too to wound another through their own sides . and thus my lord give me leave to tell you , that 't is a kind of a complement from people to a great good man of whose power and of whom they are jealous , when that it may be said of them , that they are occasionally faln mad for love of him . one part of your power , namely that wherein you are a conduit-pipe to convey the grants of honour and profit from your royal master , the fountain of honour , 't is possible for you to quit , and that with pleasure too , that you may have time to quench your great thirst after knowledge in that great collection of waters into which so many streams of learning have met from all ages and nations , i mean your vast and choice library . and i may well suppose that your lordship hath now that sense of greatness and of power by publick employment , that cardinal granvel expressed at his retirement from the same , that a great man is like a great river , where many sorts of creatures are still quenching their thirst , but are likewise still muddying and troubling the stream . your lordship knows who said , th●● actio est conversatio cum stultis , lectio cum sapientibus . in the scene of the busie world you are necessarily troubled with the affaires of men whose being born was unnecessary to the world , and there you are usually put to play at hard games well with ill gamesters , the jest that fortune playing in humane aff●ires commonly puts on the wise to spoil their busie sport : there you are sometimes deafen'd with complaints of mimick apes and grave asses , of airy fools and formal fops one against another : but in your noble library you have the advantage of the still musick of the tomb , you have the weight of many dead authors making no noise , you have socinus and calvin standing quietly by each other , and some authors content with the dust of your library who thought one christian world not enough to trouble ; 't is there you will avoid any trouble by authors of gilded outsides intruding , nor be molested as now by nonsense in fine clothes . you cannot now quietly enquire after the fountain of nile for the noise of its cataracts , nor appease your thirst after knowledge otherwise then tanquam canis ad nilum for fear of the crocodiles of the world devouring you , nor have a view of the tree of knowledge without a serpent of envy circled about it , nor have time to look on the pieces painted for eternity , nor to mind the eclipses in the heavens while you are preventing your own being eclipsed in the earth . but my lord , there is another kind of power inherent in you , and that you cannot part with , such a power as king charles the first in his eikon basil. affixes to the character of his favorite , when he sayes , he looked on the earl of strafford as a gentleman whose great abilities might make a prince rather afraid then ashamed to employ him in the greatest affaires of state. your very reputation for power is power , for that engageth those to adhere to you , who want protection . your success in your past conduct of publick affaires is power , for it makes men promise to themselves good fortune while they follow you . your eloquence that fastens mens ears to your lips is power . your great knowledge in the law whereby you possess that engine by which you can be only attacked , and whereby you have that fastness , where one-a-brest can keep down a multitude , is power . your affability and good nature that endear you to so many , is power , and makes the hearts of men to be your pyramids . and all these sorts of power in you , which make every party wish you to be theirs , make up so bright a beauty in your mind , as may well cause jealousie in that party that by loving you , think they have right to be again beloved by you ; i mean the english protestants , who court you , and to whom you have so long engaged your self , and especially when they shall find their rivals boast of the kindness you have for them ; and that too at such a time as this , when the protestants seem to have the concern of one that is playing his last stake , and which only can make him fetch back all he has lost ; a time , when any one who pretends to a cold harmless neutrality , doth really intend an exulcerated hatred ; a time , wherein he that is not with us is against us , however it may have hapned , that in some lazy conjunctures when papists and protestants were half asleep both here and in the neighbouring continent , that then he that was not against us was with us ; a time , cum non de terminis sed de totâ possessione agitur ; a time , wherein as in that of the tempest that happen'd to the ship that carried iona among the heathen mariners , we see almost all , namely the papists calling on their god , and the church of england likewise , and the dissenters in the several persuasions on theirs , with this difference , that no man is now asleep , but all in it are waking , some at work to save the ship , and others to bore holes in it , as if they were concerned to have it cast away as being not owners in it , and as if they had secured their own merchandize in it which they purchased by the money they took up at bottomry from rome or its agents , and knew how to secure themselves in the cock-boat . we have had dull and lazy conjunctures of time●heretofore , insomuch that many years ago a divine seemed to begin a sermon on the gun-powder treason day before a great academick audience , as it were yawning and in his sleep with these words , conspiracies if not prevented , are rather dangerous then otherwise : and thus the ingenious comedy tells us of a hero , that as he was in the height of his passion with the greatest zeal making love , instantly dropt down into a deep sleep ; but 't is no time for yawning when the earth begins to yawn under us . and tho times have been heretofore influencing the protestant cause like the sun in march that could only raise the vapors of popery in the body of the nation and not dissipate them , 't is now supposed to be otherwise , and as i have heard that the earl of hallifax in his speech in the house of lords having spoken of his hatred to popery , excellently well added somewhat to this effect , and we may now exterminate it if we will. and therefore with that now , i think the ecce nunc tempus acceptabile festina & salvare , may be applyed to the kingdom . and if as the school-men tell us , angels may dance upon the point of a needle , we may imagine many both good and bad ones dancing on this point of time ; 't is on this moment the nations eternity depends . every one now is as good a conjurer as friar bacon , and can make a brazen head say time is ; by which words i believe the learned roger bacon meant only , that in the vessel of brass wherein the exquisite chymical preparations for the birth of gold were laboured , the nick of opportunity was to be watched under pain of the loss of all the fire and materials , and art and labour , according to that of petrus bongus . ibi est operis perfectio aut annihilatio , quoniam ipsa die immò horâ , oriuntur elementa simplicia depurata quae egent statim compositione , antequam volent abigne , as i find him cited by brown for it in his vulgar errors , where he further saith , now letting slip this critical opportunity , he missed the intended treasure , which had he obtained , he might have made out the tradition of making a brazen wall about england , that is , the most powerful defence and strongest fortification which gold could have effected . my lord , my opinion was askt in a letter from a very honest gentleman and much your lordships servant , whether you should not do your self and your religion a greatdeal of right , by printing in this juncture some of the excellent and large discourses you have formerly writ against popery ? and the substance of the answer i gave him was to this effect , that tho i would not diswade your lordships now publishing any thing relating to the tenets of that pretended religion that might import protestants to understand more cleerly then they did , in which way they have been advantaged by the bishop of lincoln's book against popery , yet that i thought the great bulk of popery could no more be destroyed by notions and arguments , then a capital ship could be sunk with bullets , for that supposing they did all light between wind and water , the papists have thousands of plugs ready to be clapt in there , and thousands of men in that great vessel ready to apply them , and tho i thought there was a time for writing of books , it was when there was a time for reading them , that is , when people had time to read them , but that now the most curious works of whiteakers , and iewels , and rainoldses , would be no more regarded , then attempts of shewing the longitude would be to navigators while under the attack of a fire-ship as i said , or while they were making their way through the body of an enemies fleet. i know that 't is said to be an old sybilline prophecy , that antichrist shall be destroyed by paper viz. antichristum lino periturum , but alas , that way is now as insignificant in the case , as to think that the dominion of the sea can be built up by seldens mare clausum , or destroyed by grotius his mare liberum , or any way but by thundring legions in powerful fleers . indeed our paper pellets that the press since its licence hath shot against popery , i mean the innumerable little sheet-pamphlets that have come out against it may find time to be read , and to give us diversion , but the papists looking on their church as a great first-rate mann'd with popes and emperors , and princes , and fathers and councels , and innumerable souls there embarqued in the sea of time for the great voyage of eternity , do account our little protestant honest sheet-authors firing at them daily to be only like the yacht-fan fan's attacking de ruyter . but my lord , there is another reason why a person of your lordships great power and abilities should not at this time embarrase your self with writing , no not those defences of your innocency , which yet perhaps may be necessary to be done for the use of those who know you not hereafter when the heat of the day and your services in this critical juncture shall be over , and would now shew as meanly as if a general in the time of battel having some dirt or dust lighting on his face , should while he was among the bullets employ his barbers washballs to cleanse it , and that too when the fate of the battel seems to totter and is near decision one way or other , and while there is hardly room for the quid agendum to wedge it self in , and he that saith consider is almost a foe , ( and therefore once when a great commander had no way to save himself and his army but by their swimming with their horses through a river to attack their enemy , he did only to that question of quid agendum put to him by his officers , suddenly eccho back the reply of agendum , and with his horse took the river ) and while now 't is with us as on board a ship in the time of fight , or of a storm when they are fighting with the elements , and the master or steersman orders any thing to be done , the case will bear no dilatory answer of words , and the answer there is , done it is ; i say , after all this , that there is a reason which in my opinion renders any mans writing unnecessary now either to the world or himself , and that is this , that words and language the which formerly having the stamp of common usage and of reason on them passed as currant coine for the signification of mens minds and as a medium of commerce , are in this juncture as useless that way , and of as little value as lether coine called in : and this age wherein both the word and thing called shamme , hath been brought in use , and shamme calls it self an answer to that great question , what is wit ? tho with as little reason as if a lye should call it self an answer to that old great question , what is truth , hath inforced those that do not love to be shamm'd upon , not to measure mens actions by their words , but their words by their actions . and tho a mans written books are called his works , yet have i observed an occasion of sarcasme given thereby , when one speaking of a particular divines excellent writings , said he loved his works , but hated his actions . and written works are now indeed but actings as when a man doth agree gestum in scena on the stage of the world , and for them he finds but only a theatrical applause , nor so much as that , when like the actor crying o heavens , he looks down on the earth . as he is alwaies accounted but a smatterer in knowledge who is a pedant , or petty-chapman in words , so he playes but at small games in politicks , who is a pedant or trader in words , or who indeed will give any thing for them . he who doth verba dare has bad morals , and who gives any thing else for them has bad intellectuals , and according to that old monkish verse they said , res dare pro rebus , pro verbis verba solemus . the only real security therefore that the world hath for its quiet , is mens only giving a seeming belief to seeming professions and protestations ; for as ayr out of its place makes earth-quakes , so if the articulate air of mens words gets beyond my hearing into my belief , it may there raise those commotions of passion that may make me trouble both my self and the world , and particularly by the passion of jealousie before-mentioned , on my desire where i have a kindness that it should be mutual , and when positive words brought me into the fools paradise of believing it possible , a thing perhaps not possible in nature , that two bodies and minds whose faculties must needs be different , should have an equal intenseness of love for each other , no president of friendship , particularly that of ionathan and david , having shewn it , and in the conjugal love the passions of the weaker sex being observed to be the strongest , and that of jealousie as well as love jealousie particularly being most potent in minds most impotent , and in persons most diffident of themselves . and this may in some sort console your lordship after all your restless endeavours to merit the love of all your countrymen if it be not exactly mutual . but this by the way . the great names of protestant and religion began to adorn each other in the year of our lord , when some of the electors and princes of the empire with a protestation opposed the decree relating to the mass and eucharist , made at spiers , and when some of the capital cities of germany joyn'd with them to protest the same thing . but every one knows that a protestation is a revocable thing , and that a protestation contrary to actions revokes it self . and that the word protestant , hath not been in the world as the poets term is of calling grass green , or the like , otiosum epitheton , i believe the papists will grant : and 't is not one protestation made and not revoked either by words or actions , that can make that term consistent with our religion , or render a man worthy to be call'd one . 't is not a good continual claim to our religion that yet is for land we are disseis'd of that is made only once a year whilst we live : no ; the protestation that the protestant religion requires , is such a continual one as is reiterated , upon every fresh act and attempt of the papal religion against ours ; 't is not a going to our cells , and saying , lord have mercy upon us , but 't is our watching in our stations , and our shewing no mercy to the principles of popery that are alwaies attacking the quiet of the world either by storm or siege , or undermining ; 't is like the protestation required when the defendant hath declined a judge , that must be made toties quoties as any new act is done by the judge , without which the first protestation grows insignificant : 't is not one act of protesting the popes bills of exchange for good money we paid him , and his giving us bank-tickets upon purgatory , or giving us some fantastick saints pretended hair or nailes ( protested with so much scorn by our popish ancestors in henry the th's time , that a piece of st. andrews finger covered with an ounce of silver pawn'd by a monastery for forty pound , was left unredeemed at the dissolution of it , which shewed that that commodity would even then yeild nothing , and was a meer drug in scotland ( of which country he is call'd the saint protector ) but 't is further like a protestation against the sea at the next port made toties quoties goods in a ship are damnified by its rage , which the law requires the skipper to make , or else leaves answerable for the dammage . and if a poor tarpauling who must alwaies plough the sea for his bread during life , and there still contest with the angry elements , shall when he comes on shore by a protestation bid defiance to the pride of the whole ocean , he deserves not the name of a hero that safe-guarded by both the land and the law of the land , shall not on occasions offered continually have the courage to protest against the dammages both his king and country have from the rage of popery . my lord , i have been the longer in discoursing of the insignificancy of words , or indeed ought , but the emphasis of works requisite to shew a protestant faith at this juncture , because i am sure you are willing ( as you may well be ) to joyne issue on that point , and to be judged a protestant in mans day by your works , as you must in gods stand or fall by the test of them , at the last audit , and to appear a protestant too by works above the poor level of a dull opus operatum , by works that represent the continual employment of your life with an heroical vigour , and your going from strength to strength ( as the scripture expression is ) in the defence of protestancy , by works that speak you like the heavenly bodies incessant in your influence , and haveing rest only in motion . 't is not without wisdom ordered by the pope , that no men shall be cannonised till after death for fear of apostacy ; nor then likewise , unless it shall appear that they wrought miracles . and the truth is , our people were all so far born with popes in their bellies , as to this point , that they will not now cannonize any great men for protestant saints , unless at this time they do miracles ; and indeed i think they have reason to insist on their doing as great miracles for our religion , as any papal saints dead or alive have done against it . and when i consider the real great things that have been by the heads and hands of your lordship and other noble persons performed for the statuminating of the protestant cause , and enabling us to say to our underminers with the confidence of the psalmist , as a bowing wall shall ye be , and as a tottering fence , i do think you may expect with justice that which is greater then our praise , the acclamations of our blessing , as aristotle saith , that to heroick qualities in men not praise , but pronouncing blessed is due ( 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ) and as st. paul saith , it is more blessed to give then to receive . and here , my lord , going by this exact rule of measuring things by things , and not by words , your life hath enabled me to give the strictest aeropagus of censurers the world can produce , and who would damn the use of proems and the art of moving passions by words , an irrefragable instance how you have secured the nation formerly from being enslaved to and by popery , and at that time when we seemed to our selves as secure from it as from mahumetanisme , which was when you were the great conductor of the publick councels in the conjuncture that brought in the king , and hindred lambert's usurpation of the english scepter , who tho at that time he was not generally suspected to be a papist , was on very rational grounds believed to be such then by many very knowing particular persons ; and that too to be not only a papist , but a iesuited one . he was at that time suspected by some for having advised at a military cabal of the then great ones that the cavaleers should be massacred , a cruelty that could enter into no breast but one abandoned to jesuitisme . and as on such a monster your lordship then had your eye on him : and of his being such some of the depositions and examinations took about the late plot have been very particular and satisfactory . nor is his haveing petition'd some few years before the discovery of the late plot , that he might have his liberty , and of a very great roman catholic lord's having then offer'd to be security for his quiet demeanor , now unknown , so that the kingdom then scaped falling into popery before the danger was by it apprehended ; like the man who in the night scaped that of rochester bridge , and whom the light of the following day almost confounded with his deliverance . your lordships activity and prudence appearing in the public councels and in your secret correspondences , to the defeating of the councels of that romish achitophel , and seisure of his person , will no more be forgiven you by the papists of england , then it either by the papists of england or ireland will be forgiven or forgot that you shew'd your self a true father of your country in ireland , in the conduct foremention'd of that great affair of the metropolis , and many garrisons of that kingdom being wholly put into the hands of the parliament , rather than the child ( as i may say ) should be divided between any of his majesties subjects , and the pope the pretended supream father of that country , and that you preserved it to come into the hands of the true supream one. your lordship and other well-wishers to the crown then were not of the humour of some of our young vulgar protestants , who as the papists parrots , have been by them taught to speak it commonly , that they love a papist better than a presbyterian . 't is sinful not to love the persons of both , but ridiculous to love the yoke of either opinion ; and it seems his late majesty of glorious memory , and his councel , and his noble lieutenant of ireland , and your lordship thought it safer for the crown , for ireland to be trusted with that sort of disobedient children that depended on no forraign ecclesiastical head , then on such as did . and it is to be acknowledged to your lordships care of the freedom of your country , that when you sat in the long parliament till you and other members thereof were torn thence by cromwel's souldiers , you crusht the iure-divinity of presbytery in the egg by its being ordered to be setled only for three years , so that it saw it was to be expeditated at the end of three years , and had no power to trample upon the consciences of others , and in effect had but a tolleration . i think that no church-government at all is better then that rigid one of presbytery intended then by some zealots . as the good and learned dean of canterbury said in his sermon on the fifth of november before the house of commons , that as to popery , 't were better there were no revealed religion , and that humane nature were left to the conduct of its own principles and inclinations , then to be acted by a religion that inspires men with so wild a fury , and prompts them to commit such outrages , &c. and there renders popery worse then infidelity or no religion , and so indeed in fact the kingdom had then no church-government paramount at all in it , and instead of the imagined fierce pedagogy of the scotch presbytery that made every levite a rabby busy , every pulpit rhetor a consul , and every lay-elder major general of the parish , we had a tame insignificant government admitted only to probation for three years , and were no more hindered of the freedom of a gentlemans conversation thereby then by the government of the foremention'd presbyter iohn in the east , and england was then not only free from the charge of peter-pence , legatine levys , oblations , contributions for the holy land , and both charge and trouble from all the papal courts and masses anniversaries , obits , requiems , dirges , placebos , trentals , lamps , but from all contumacy fees in spiritual courts , and from those courts themselves of which yet the yoke is very easie compared with either that of the papists or scotch presbyters ; and our condition , as to ecclesiastical discipline , was like that time or conjuncture of liberty , that father paul in the history of the councel of trent refers to , speaking of the time when a certain custome prevailed , saith , il , che come e un uso molto proprio , diove si governa in liberta , quale era all hora quando il mondo era senza papa , that it was a custome very proper where they governed with liberry , which was when the world was without a pope . i never heard of any man that was gored with the horn of our presbyters excommunication , nor of any dissenter from them , that was tyed up for them out of their horn of plenty of church power to force a drench of doctrine down his throat , and much less of any dealt with in that way mentioned by spotswood , in his observation , that the devil would not be feared but for his horn , referring to the horning in scotland , that is , the seisure of all a mans goods when the horn blew , after he was excommunicated by the presbytery . there is no doubt but that some of the divines of that persuasion were brib'd to it by an expectation of power to oppress , when that the great revenues of the church were denied them ; and thus the pope keeps his guards in rome only with the pay of priviledges , but instead of their riding the people , the parliament rid them , and with that caution as they of old did who rid on elephants in battel , which great animal being observed to be then unruely sometimes and to endanger both the riders and their camp , and it being known that their receiving a con●usion in one part about their head , would presently dispatch them , their riders had alwaies a hammer with them ready for that use on occasion . he therefore that saith he loves popery better then the government of presbytery as it was de facto setled or rather permitted in england , and when they that would have its maypole for them to dance about had it , and those that would have none , had none , saith that he loves a fiery and tormenting furious church-government that would make mount sion to be still belching out fire like aetna better then none at all : that he loves a hirricane better then being a while becalm'd : that he loves the church government that was like coloquintida in the pot , rather then that of the presbyter , which was here but like herb iohn , and that he fears a mastiff who was not only hambled and whose jus divinum was lawd , and whose spleen was cut out by the state chirurgeons more then an incensed hungry lion of rome : that he likes a government better that at best is like a peacock , that is all gaudery and damned noise and nothing else except pede latro , that is , all ceremony , and devouring all with ceremony , then a government that with its looks can neither allure nor fright , and which we could pinion as we pleased , and play with till we could get a better in its room . whether a papist was to be loved better then a puritan was a vex'd question in the time of queen elizabeth and 't was resolved then in the affirmative only by the pensioners of rome and their dependants . the learned author of the book called certain considerations tending to promote peace and good will among protestants , doth in p. . quote our famous gataker for relating that dr. elmor lord bishop of london in queen elizabeths time , when one in a sermon at st. pauls cross inveighing against puritans , rendred them worse then papists , sharply contradicted that censure , saying , that the preacher said not right therein , for that the puritans if they had me among them would only cut my rochet , but the papists would cut my throat , and that his successor dr. vaughan lord bishop of london , when another in the same pulpit too shew'd the same eagerness in representing the puritans worse then papists , expressed the same sense with his predecessor concerning it , and wished that he had had the preachers tongue that day in his pocket . it was ( it seems ) then the good fortune of london , to be blest with bishops renown'd for their great zeal for the protestant religion , and with such a one it is at this time enriched and dignified , i will not say bishop of it only by divine permission , but miseratione divinâ , the style i have seen of bishops in some antient instruments , 't is out of the divine compassion that such an eminent protestant city has such a prelate . nor do i intend by the just praise paid to this great and good man , to lessen the worth of others of the fathers of our church , of which number i have the honour to be acquainted with others who endeavour the extermination of popery , with as couragious a zeal as can be wisht , and no doubt but the text of scripture in the title of my lord bishop of lincolns book , namely , come out of her my people lest ye be partakers of her sins and plagues , is by the whole church of england , lookt on as a seasonable alarm , and no doubt many of this our church who have writ with so much various learning and strong reason against popery , know that if that ever be de facto and by law paramount , the church of england will be ipso facto crusht thereby out of all its visibility . the thought of this brings that scripture to my mind , viz. matthew v. . and who soever shall fall on this stone , shall be broken , but on whom soever it shall fall , it will grind him to powder . and if the church of england by only falling super hanc petram , i mean heretofore by the empty project of some for the uniting rome to us , was broken and disjointed , therefore if ever it shall come under the stone of the roman catholick religion , and it be thereby made possible for the stone to fall on it , the church of rome will then grind it to powder . it s former falling on the rock could only break it into the pieces of presbyterian and independent , and other seperate churches , but that rocks falling on it will not break it into pieces but grind it to powder as was said ; and perhaps papists then from this place of scripture would form as good a title by divine right to crush our church , as they did from the super hanc petram in the th of matthew for the building of theirs . but this by the way . and now putting the question who are to be loved best , either the popish priest and levite that help'd to wound ireland formerly when it fell among thieves and rebels , or those compassionate samaritans who put it on their own beast and poured oyl into its wounds , and took care of it till it was restored to its true owner ? i suppose a protestant will say the latter , and will account that no fire should be called to fall on the heads of such hospitable samaritans , and that others should be spared , who instead of powring oyl into our wounds , did it into our flames when they burnt our citie . your lordship hath shewn your self a compassionate samaritan to two kingdoms to which your heali●g principles and practices have been beneficial , and in this you have out done him in the parable who did not stay to see the effects of the gentle medicaments of oyl and wine he bestowed on his patient's wounds , but your lordships long attendance on the affairs of the public brought you to see the languishing kingdom revived , and to have at once both its head and senses restored when providence made our sovereign to be his repenting peoples choice . but , my lord , these kingdoms have not yet done with your skill , and may have wounds that require your wine and oyl , the lyons heart , and ladies hand ; i mean such tenderness and such courage , and so great judgment as you have formerly shewn , a raging acute disease that hath been long not only besieging but storming a mans vital parts , and with extream difficulty at the long run repell'd by nature , doth yet commonly leave such dregs in his spirits that depress and enfeeble them in the remainder of life , and a man come to himself after a long madness , labours still under a dejection of his spirits both by grief and shame , thinking of the arrear that he is in to god , the world , and himself , by his former madness : and this is the present state of england after its former state of distraction ; and men with shame now look on their former physitians , and some are apt with that merry mad-man in the poet , to be angry with those that took pains about their being cured . 't is true indeed , the kings restoration cured us of our civil wars , yet may a man be cured of his wounds , and afterward dye of the feaver his wound put him into ; and our condition is such , that 't is some degree of heavens mercy to us , that our feaver is continuing , for no man can dye in a feaver , as no man can dye without one : and our spirits are so sunk under the weight of the disease we have long languisht under , that our stomach cannot endure any cordials , or especially the same long : & certainly that strong physic that would at first have cured us , would now kill us . yet now in this conjuncture several of our political physitians seem by their retirement to have given us over , as if they were of hippocrates his mind , who said , that a physitian should not discredit his generous medicaments by employing them on a desperate patient . methinks 't is pity that any of our pilots should quit the helm in a storm , and that they should not ( as cicero's expression is ) sententiam tanquam aliquod navigium ex reip. tempestate moderari . those words in prov. . a man of understanding shall attain to wise councels ; some read , vir saepiens gubernacula possidebit ; i presume not to censure any man , but i hope that no cross winds will ever make your lordship leave the helm , but rather invite the continuance of your skill in beating and tiding it out ( as the sea phrase is ) and in not overshooting the port. your pacific genius and great wisdom have in several angry conjunctures produced an unexpected calm by your offering unexpected expedients , a talent that is indeed very rare and conducive to the quiet of the world , as leading potent parties from their declared opinions without the shame of a seeming retreat . it happens still in navigation , that what makes the passenger merriest , makes the steers-man most thoughtful , namely the sight of land : and therefore tho i and others who make no figures in the government of the kingdom seem to be glad at our sight of land , that is the extermination of popery from england after we have been so long nauseated and sea-sick with it , yet 't is now our occasion for the skill of such a pilot , as your lordship is greatest when we are endanger'd by some protestants of narrow spirits and principles as by shelfes or brevia & syrtes , shallow waters , and by little rocks or breaker's just covered with water and which are only to be discovered by the swelling roughness of the water they occasion . it has pleased divine providence to cast your lordships whole life of action into difficult times such as are called in the new testament 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and translated perilous times , and such as cicero calls maxima reipublicae tempora , and difficillima reip tempora . your life hath been a continual contestation with principles pernicious to man-kind , and you have been under your prince a nutritius pater for the most part to men who have like froward and unquiet children been crying for each others properly in things civil , and in religion , and have thought themselves persecuted when they could not persecute others ; nor have you been too much a latitudinarian as to church discipline , nor of too narrow a spirit or principles as to any protestant dissenters . and i think envy never charged you for giving any advice that tended to the injuring the ballance of christendom , or the power of england in setling it , or the persuading us to love some of our neighbours better then our selves . you who are so far from offending any weak brother , that you are ready with the apostle rather to abstain from eating flesh while the world stands , and therefore will much less kill or devour him , and lest of all will you offend a weak brother-protestant country or help any else to devour it : and will not injure any of those countreys that you visited abroad ( when the world and you saw one another ) by projecting their mischief . and therefore as i find in the prolegomena of grotius de jure belli & pacis that themistius , speaking to valens the roman emperor he told him that kings if they would be guided by the rule of true wisdom they must non unius sibi creditae gentis habere rationem , sed totius humani generis , & esse non 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 tantum aut 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 sed 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , so it may be justly said that the counsellors of kings should alwaies advise them , not to take care only of the concern of their own people but of the happiness and quiet of all man-kind , and not only to be lovers of the macedonians , or lovers of the romans , but to be lovers of men. i never heard your lordship reproacht for having any interest contrary to that of your country or indeed to the repose of christendom . and as in nature we see all heavy bodies tend by their own center to the center of the universe , so have i still thought that your lordship alwaies endeavoured by the pursuing your own good to pursue that of the kingdom , and that your endeavours of promoting the good of your own country have tended to the good of the world : and that in every scheme of your politicks whether civil or ecclesiastical pollicy you have took your model from the great architect of nature doing things fortiter and suaviter and with regard to his works of which 't is said in the th of wisdom , mightily and sweetly doth she order all things . and he that builds so , is a workman that need not be ashamed either of himself or of his work , that is both strong and fair : such a councellor need not be a●hamed of his councel . 't is one of the worst sort of reproaches to which a councellor at law can be exposed , to be called a crafty counsel , that is , one who secretly gives advice for the perverting of justice and the law ; and to do that vile thing is more odious in a counsellor of state : and of this subject when i formerly discoursed to your lordship , i remember you were pleased to say it of your self to me , that you had a great aversion from giving whispering councel , to your royal master , and that it hath been your humble motion to him , to command his councel to give him their advice in writing . your lordship is by one particular accident a necessary subject for the worlds compassion , namely by your having out-lived most of the eye witnesses of the many memorable things you have done for the world. if the people of england your contemporaries were six millions at the time of your birth , five of those millions are now lodged in graves , persons above the age of sixty making but a sixth part of mankind . i reading lately in tully de senectute , was pleased with what he saith of old men both de facto & de jure praising themselves : he saith there , videtisne ut apud homerum saepissimè nestor de virtutibns suis praedicet ? tertiam enim jam aetatem hominum vixerat : he had lived almost years when he went with the other grecians to the trojan war , and where he gave such weighty advice , that agamemnon said he should make quick work of the taking of troy if he had ten such councellors as nestor was ; quod si acciderit non dubitat quin brevi troja sit peritura . he never wish'd , saith tully , to have ten ajaxes . it seems the general thought that an old commander would be weighed down with a tenth part of an old wise councellor . but nestor had bury'd all those thrice over who were born with him , and he lived to see his country-men doubled once and a half ( years being the space judged for a nations doubling ) and if he would have his atchievments in his first century celebrated and witnessed , he must be his own herald and witness in his own cause . i will not apply nestors case to your lordships , as to your doing right to your self by praise , for you have no more occasion to do that then tully had who saith there , nihil necesse est mihi de meipso dicere , quanquam est id quidem senile aetatique nostrae conceditur : but do think that any protestant prince who can say he hath ten such councellors , and resembling your lordship in the experience of near fifty years spent in the affairs of state in critical times , and with success , and equal to you in all ●orts of learning , and in the knowledge of the law and publick records , and in eloquence and courage , as well as in the hatred of popery , he may add , quòd non dubitat quin brevi roma sit peritura . i. e. without such dilatory troy sieges as have been formerly laid to it . he saith elsewhere , apex senectutis est autoritas . quanta fuit in l. caecilio metelio ! quanta in attilio calatino , in quem illud elogium unicum , vno ore plurimae consentiunt gentes , populi primarium fuisse virum . and this authority or reverence of old age is so weighty , that it seems reasonable that in the criminating one that hath this badge of nature there should be what tully calls authoritas testimonii , and any single witness had need to have an allowance se primarium fuisse virum that would convict such a man ; for diamonds are not to be cut but with the dust of diamonds . 't is not for nothing that the scripture cautions the not receiving an accusation against an elder but by two or three witnesses , and i am told that the canon-law requires seventy two witnesses to convict a cardinal who is a bishop accused of any crime but heresie , and forty four in the conviction of a cardinal presbyter , and twenty six to convict a cardinal deacon , and seven to convict any clerk. and therefore i think that it was a commendable tenderness and worthy of english judges in a trial at the kings-bench , to acquaint the jury , that they are to weigh and consider the credibility of witnesses pardon'd for perjury ; and both the judges of the kings-bench and common-pleas resolved it , that the credit of such a person was left to the breast of a jury . the bishop of rome who claims that monarchiall power which is potestas restituendi in integrum sententiam passos , & quandoque absolvendi paenam & non infamiam quandoque & poenam & infaniam abolendi , and who as aquinas saith ( . ae q. . ar . ) potest infamiam ecclesiasticam remittere , yet allows the school-men to apply distinctions to that priviledge of his , and to interpret it of infamia iuris , not facti , for labem illam quae turpi facto annexa est , nemo delere potest , as soto concludes de iustit . & iure l. . q. . ar . . no man who ever he be can wash out that stain of infamy which by nature is inherent in a foul wicked act , because ( saith he ) ad praeteritum non est potentia , when the infamy is inherent by the nature of the fact and not positive by law. but still our merciful laws of england allow a person after a pardon for the infamy of perjury , to be a witness , reserving his credibility to the jury , and who may after the former crime obtain to be belived by them , when they shall have found that he hath acquired an habit of virtue by the series of many actions in his following life , no man being supposed able in a desultory way to leap out of a rooted habit of vice into an heroical habit of vertue , and so è contra ; for that nature doth not pass from one extreme to another , but per medium . 't is true indeed , in case of treason where the life of both the king and kingdom is struck at , and of which there is rarely any detection made but by participants in the crime , one who would be repell'd from being a witness , is welcome as an accuser , and the barking of a dog is allowed to alarm us of thiefs ; and as we say against pirates , omnis homo miles est , much more may every man be an accuser against traitors . thus i have heard that in the case of heresie in the which ( as i said before ) the canon law orders the same proceedings and rules as in treason , a lay-man is allowed to be a competent accuser of a clergy man : and as by all laws any man is allow'd to be an accuser who prosecutes an injury done to himself or his kindred , so i am told , that by the canonists haereticum accusans dicitur suam suorumque injuriam prosequi ( and in that case a notorious enemy is allowed to be an accuser ) for that a heretick is said to strike at the foundation of all lawes divine and humane . nay according to the canonists , the pope who cannot be accused of any crime but heresie , may be accused of that , and even by a heretick , and that with good reason according to their hypothesis ; for that the pope being a bankrupt in the faith by heresie , attempts to break all the innumerable priests , monks , friers , nunnes , &c. that get their bread by that religion . no wonder therefore that the canonists agree that heresie is to be cut off in the beginning ; and they cite out of timothy , that it doth eat as a cancer , and the eating of heresie even in the breast of a pope must needs be troublesom to the whole body of clerical and monastical papacy , as a cancer or wolfe that would eat up all their bread , and therefore in the single case of heresie the pope himself according to his own law may be convicted by two witnesses , and be thereupon deposed . but tho it may be supposed that as the civil and canon laws do leave the credibility of witnesses very much to the judges , so our common law does to juries , and that in many actrocious criminal causes , every man is not allowed to be an accuser of an illustrious person , and that we ought to be very tender and reserved in the taking up an ill report against the meanest of any of our neighbours of mankind ; yet it s otherwise as i said before in the case of treason , which is like a pestilence walking in the dark , and seldom known before t is incurable , and before 't is ploughing up the whole land of a country into graves . we are not to quarrel with the birds of the air who tell who in his bed-chamber curses the king , because they are not eagles . we are to be glad of the happy augury , and to thank god and them for their saving the imperial eagle ; and to be well pleased with either tame or wild-geese that save our capital . if any fleet comes to invade us , we are not to be very nice in diffecting the morals or outward estate of him who fired the beacon . your lordship hath heard how owen o conally an obscure person ( as sir. iohn temple styles him in his history of the irish rebellion ) came to the lord iustice parsons about nine of the clock at night before the intended seising of dublin castle , that was to be on the following day and discovered the detestable conspiracy to him , with the names of the chief conspirators , when the disguise of wine had made him seem hardly intelligible or credible . and when it falls out that a country is faved by wholesale through a detection of conspiracies presented by persons who cheated their country-men formerly by retail , that is , by persons who had been vile and infamous , it ought to be accounted as an instance of the divine benignity to some of the most wretched and sinful members of mankind , who have been long industrious in tearing out of their hearts what reliques they could there find of the divine image , and who had long acted only devils parts on the stage of the world in punishing and being punished , then to invite them to an opportunity of changing the name of malefactors into that of being blessings to the world , and not only of being their countries benefactors but ( as it were ) founders , and to gain good consciences , and good names , and what rarely happens to others to have an after-game allowed them to play for reputation , and to have it said of such an one on the occasion of the shame of his past life stimulating him to bring both glory and safety to his country , si non errasset fecerat ille minus . by the account that i had sent to me from london of matters in some affidavits relating to your being called papist , your lordship hath the greatest advantage that any man can desire who has any things sworn against him , by persons how credible soever , namely the incredibility of the things themselves . for can it be thought that your lordship would out of your own mouth judge your self a traitor , that is , one reconciled to the church of rome , and forfeit your life and estate , and attaint your blood in the presence of a young man you had never seen before ? and is it likely that the irish papists , who , as sir iohn temple observes in his said history , have such a kind of dull and deep reservedness , as makes them with much silence and secresie to carry on their business , and whereby the design of the last rebellion which was so generally at the same time and at so many several places to be acted ( and therefore necessarily known to so many several persons ) was without any noise brought to such maturity , as to arrive at the very point of execution , without any notice or intimation given to any two of that huge multitude of persons who were generally designed ( as most of them did ) to perish in it ; and the irish papists having been then ( as he saith ) tongue-tyed by an oath of secresie , i say is it likely that they now designing mischief if they did hope by your lordships help to promote it , that they would trumpet forth your lordships name in their publick masses , and use such speaking trumpets about your name and their enterprise as should be heard all over ireland and england ? and who can believe it to have the shadow of veri-similitude that your lordship should give commission to any to offer one of the kings witnesses ( and particularly mr. dugdale ) your house as an asylum to retreat to after they had for the turpitude of lucre retreated from their principles , their consciences , their oathes ? i never see any man sworn as a witness in a cause , but i think of the saying of st. austin upon those words of st. iames , above all things my brethren swear not , namely falsa iuratio exitiosa est , vera iuratio periculosa est , nulla iuratio secura est ; and i have as it were a little cold shivering on me , while i see a man about what he knoweth of the property of a tenement staking his title to a heaven and a crown of glory ; i have then such a concern for another , as i have when i see a great ship just launching off the land into the water , and do then apprehend an immortal soul launching it self into the great ocean of eternity , and am afraid of its being overset . but when i think of a mans having honestly sworn already and in the greatest concern , namely in the detection of a conspiracy against his kings crown and life , and consequently having invoked the omnipotent god to be conditionally his revenger , his executioner as well as judge , and further think of any one that shall tamper with such a witness and offer him a great sum of money as his viatical expences to hell to swear contrary to his former oath , and by that new oath to renounce his expectation of a crown of glory in heaven , and to endanger his princes crown and life on earth , and to attempt a mortal wound on gods vice-roy in the dominions of his soul , i mean his conscience , i have both all possible horror overwhelming my thoughts on such a tremendous instance of the degeneration of mans nature , and i have all the compassion imaginable for your lordship on one of mankindes pretending to think it possible that your house should with your consent be turned into a denn for such a monster . an areopagite was discharged from the seat of judicature , because he threw away from him a small bird that fled to him from the pursuit of a great one ; and it was therefore supposed that such a judge alwaies carried cruelty in his breast for that charissimum deo animal call'd man : and such is the compassionate tenderness of your lordships mind toward injured and persecuted mankind , that one of those may be allowed to nest within your house as freely as a poor bird without it , but birds of prey , i mean romes vultures , and either suborners or witnesses suborned to recant , have no plea for your shelter ; and i am confident rather then your house should be a cage for any such unclean birds , you would be content as the expressions of the prophet are , that the satyr should there cry to his fellow , and that the schrich owle should rest there , and that the wild breasts of the desert should also meet there . your lordship sees what a preferment the papists designed you : for that after ( according to some of the narratives of the plot ) sir w. g. was designed lord privy-seal , you were to be a providore for a suborned cast witness , and a iackal or provider for the roaring lion that walks about seeking whom he may devour : in fine , my lord , they designed your lordship to be an entertainer or an host for the devil . but your lordships name being taken in vain by those who would have retained mr. dugdale to take gods so , and the devils tempting any to undertake for your house being a sanctuary to a devil , are not new things for wonder , when you please to consider that the devil presumed to undertake for almighty gods protection , when he tempted the son of god. it seems the shewing to dugdale the several kingdoms of the earth where he should be safe , could not prevail with him to be a fugitive from his conscience ; and tho it appeared in several trials , and particularly my lord staffords , the temper desired to have him , and that he was sifted , winnowed as wheat , yet neither his faith nor the faith of his testimony failed him , after all the cribration thereof , and all that was gained by the endeavour'd suborning him against himself , as well as others against him , was only the fate of the thrush , who is sometime birdlimed and took by his own excrements . is it not then an example of rare modesty , that the diabolical tempters should be the accusers of the brethren , i mean of some of the kings witnesses that would not be bribed from attesting the truth in the case of their political father ? the age wants not the instance of an honorable person , who courting a lady in order to marriage , thought her at last not worthy his farther amours , yet who because he did once profess to love her , he fought one who reproach'd her vertue : but his example is not more herocial than is the practice infamous , for such who courted some of the kings witnesses both by importunity and gold to espouse their interest , and when both were totally and finally rejected , make it the the most study'd part of the romance of their lives to dishonour them , and to shamme inventions of new tragi-comic plotts upon them , but plots so damn'd dull , as to be seen through in the opening of the first act , and plots that were most thin where the actors cryed to themselves like bayes in the rehersal , now the plot thickens , and where nothing of the three vnities was regarded , and which no marvel if they brought such confusion still to the actors , as the story makes to have once happen'd to the old red-bull players at the tragedy of doctor faustus , when they complained that they had one devil more than their company , and when they said a quarter of the house was carried away . your lordship out of a generous indignation that such whifflers in politics should think to lay a tax upon the belief of the kingdom both without act of parliament , and without sense ( and indeed contrary to the sense of several parliaments ) did during a paroxysme of the gout , cause your self to be carried by your servants to be present at councel , when the papists pretended presbyterian-plot was there to be considered . and if it be true what mr. hobbs saith in his ingenious history of the civil wars of england , [ that monsieur du plessis and dr. morton bishop of durham writing of the progress of the popes power , and entitling their books , one of them , the mystery of iniquity , the other , the grand imposture , were both in the right ; for i believe there was never such another cheat in the world ] the mercury of that cheat being sublimated into the invented cheat of that plot , was too nauseous and strong for the belief of the kingdom to be able to swallow . we may therefore be very well allow'd to put the old great interrogtory of cicero to these catilines , how long do you abuse our patience ? especially considering how much to windward we are of them by the detection of their real treason , and do see both the smoke of our gunns , and those of their own they fire at us annoying them , and while we have had the just advantage of plaintiffs against them and whereby their recrimination against some of our great number has seemed only dirt thrown in their own defence , and at worst but catilines accusing of cethegus , and considering that we know it only proper to he religion to justifie the maintaining the dignity of holy church by lies and calumnies . thus guymenius a famous popish doctor ex tractatu de charitate proposit. . p. . cites bannez . . . quaest . . art . . dub . . for asserting that per modum defensae & ad infringendam contumeliosi authoritatem , potest secundum quosdam absque lethali crimen falsum illi objici , and that 't is only a venial sin to object a false crime to an unjust witness , and twenty doctors are there mentioned for the making this a probable opinion . and therefore if it be lawful for a man to make shamm-accusations where he hath only a private concern , 't is meritorious to do it in the case of holy church : therefore he said very right according to the popish hypothesis , gaudeo s●ve per veritatem sive per occasionem romanae ecclesiae dignitatem extolli . ioseph . stephanus de osc. pr. in epist. ad lect . guymenius p. . extactatu de justitia & iure , propositio . . cites both fathers schoolmen divines and casuists of several orders , and even holy scripture for the asserting this proposition , viz. licitum est clerico vel religioso , calumniatorem gravia crimina , de se vel de sua religione spargere minantem occidere , quando alius defendendi modus non suppetit : a principle of religion calculated only for ballies & hectors , & therefore no marvel that such were observed to flock from so many parts of most countries in england to london in and since the year . like ravens in expectation of the carcases of protestants , and such miscreants are to the jesuits their triarian bands upon occasion , and who in the out skirts of london are a noysome pestilence , and not enduring nor being endured to live in the countrey . but from the said last cited proposition of guymenius , the proposition that contained the enacting law sir edmund godfrey fell by , i infer , that since there is a par or proportion between a good name and life , that such who account it lawful for a particular clergy-man to murder even a popish lay-man who shall but threaten to caluminate him , will account it meritorious by shammes to murder the fames of those who shall threaten to accuse holy church . and it seems as men try experiments on creatures they account vile , they experimented both these propositions on godfrey , for after they had basely killed him , they would have shammed off his blood and the guilt of it upon himself , when they pierced his dead body with his own sword ; a barbarous and infamous sort of cruelty and which brings to my mind what dr. donne in the preface to his 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 referres to in the notae mallon . in paleot . part. . cap. . viz. that the church in her hymnes and antiphones doth often salute the nayles and cross , but the spear which pierced christ when he was dead , it ever calles dirum mucronem . and here because some of them drive an eternal trade of butchering and shamming , and then in effect stabbing their own shamms of plots , i shall entertain your lordship with one egregious instance of a priest of theirs being abandon'd to a reprobate or injudicious sence of shamming , in making by a ridiculous lye a famous cardinal and profound states-man perhaps as the world has bred , and one of singular piety and great modesty , to render the gun-powder-treason a sham plot , and thereby wounding the fame of both the understanding and morals of their great dead church hero , as barbarously as they did the corps of godfry . and this instance i refer to , is in a book called the advocate of conscience liberty , or an apology for toleration rightly stated , and writ with learning and wit , and artifice enough ad faciendum populum by a priest of romes church an english man , and printed in the year . in pag. . he represents the gunpowder-treason to be a sham plot contrived by cecil , and to prove this , cites d'ossats letters , book d . letter . and the date of that letter was from rome , march the . . and the date of the last letter there is from rome in december that year . the gunpowder-treason plot was to have been on the th of november . and on d'ossats marble tomb in rome his epitaph mentions that he dyed anno . so then he is made by that author to have known that treason to have been a sham-plot eight years before it was to be executed , and to have permitted many papists for want of his sending a line of news of the shamm , to be shamm'd out of their lives , and the roman church to be shammed and anniversaried out of its credit in england . but if they reproach any as they did cecil on the pretence of the persuading some of their wild principles into the decoy of a plot , a thing i think detestable as what implies a tempting or inviting of a man to degenerate from himself , they have no reason to be angry with but only to pitty men that receive infection from their principles , and from this particular one , that 't is lawful for a good end to ensnare men into acts of sin. many casuists and divines are brought by guymenius for this purpose , p. . in the th proposition ex tractatu de charitate , and under which proposition he quotes sotus de sec. memb . . quaest . . a little before the fifth conclusion where he enquires , an liceat & expediat aliquando perditum hominem permittere in pejora prolabi crimina , ut ignominiâ peccatorum confusus , facilius resipiscat & emendetur . and he answers licet nobis aliquando permittere peccatorem ad tempus in pejus cadere ut cautius resurgat . the th proposition there is maritus qui uxorem adulteram suspicatur potest e● occasionem offerre ut in adulterio deprehensam corrigat . lay man. iesuita . lib. . tract . . cap. . num . . but in p. . extractatu de justitia & iure ; propositio . the correction that may be lawfully used is assigned , it being there said , that non peccat maritus occidens propria authoritate uxorem in adulterio deprehensam : the which he saith sa the iesuit represents as a probable opinion , and which hurtado he saith positively defends , tom. . resol . moral . tr . ulti . res . . § . . n. . so that if a protestant states-man had inveigled them into a plot and then hang'd them for it , his politicks had squared exactly with their morals . and even as the calling of a rat-catcher is a lawful calling , tho some of that profession have had no certain way to take rats but by the use of one experiment , namely , first , to provoke them to fly in the artists face ; according to the said principles is the calling of a states-man both lawful and laudable who deals so with such as he judgeth to nibble at treason . but this by the way . and now to let your lordship see how some of their divinity is particularly but a laboured sham in the case of treason , and even but a mocking at sin , i shall divert you with a known author among them making men play with the bait of regicide , as he is hooking them into it : and 't is mariana the iesuit , as i find him cited by dr. donne in his forementioned book p. . he quotes there mariana de rege l. . c. . for cautioning against a king being a self-homicide by drinking poyson prepared and ministred by another he being ignorant ; for after he concluded how an heretical king may be poisoned he is diligent in this prescription . [ that a king be not constrained to take the poison himself , but that some other may administer it to him , and that therefore it be prepared and conveyed in some other way than meat and drink ; because else , saith he , either willingly or ignorantly he shall kill himself ] so that he provides that the king who must dye under the sins of tyranny and heresie ; must yet be defended from concurring to his own death ; tho ignorantly , as tho this were a greater sin. is not this pleasant to see any of them catching of kings in a theological mousetrap , and playing with them like mice before they devour them ? to see them sweeten a cup of poyson for a king with their damn'd church sophistry , and to sham men as licorish flies to be swallowed up in the cup ? i wish that some of the most considerable of the grandees of the church of rome could answer this accusation of their shamming , otherwise than by committing it de novo : for if they say that some of their doctors write against this and other crimes as well as some for them , as particularly some write against the use of equivocation ; and as father parsons the jesuite writing against king iames's succession , another english jesuite namely creswel writ for it , and so that when some of their doctors break the churches head , others presently gave it plaisters , is not this a fearful , shall i say , or contemptible sham ? do we not know that the discipline of their church is as exact as any military discipline can be , by which alone it hath preserved it self so long in being , and that none among them can publish books without passing several courts of guards of superiors , nor contradict one another in rules of practice , more than trumpeters of an army dare sound a charge or a retreat but when commanded to it ? and what a face of something like sham the present popes declaration about some opinions of the casuists carries with it , i have already mentioned ; and doth not every one know their avowed doctrine de opinione probabili , namely , that tho an opinion be false , a man may with a safe conscience follow it by reason of the authority of the teacher , and that a confessor is bound to absolve the penitent when there is but one opinion for his being absolved , tho , he believes that opinion not only improbable as to the principia intrinseca , but false . in sum , according to the old observation of poperies prevailing , by haveing that in it which may fit the temper and humor of every individual person , and to be like manna answering every mans tast , whether he hath a gusto for miracles , or even for starving or abstinence , for business , or retirement for life or for death , for honor or for begging , it may to these be added , that if any one affects to be a ruffian or one of the popes sheriffs as aforesaid , there is a most ample field in the killing of kings , firing of towns , massacring their inhabitants for the talent of such a pavure diable , and indeed incarnate one to expatiate in , and if any account it a luscious thing to be cheated or to be shammed as some few , or to cheat or sham as many think it , behold a religion made for the nonce in that point too . but while they are thus playing with all things sacred and profane , he that sits in the heavens has them in derision and leaves not the protestants to fall finally as a portion to foxes , such who turned tail to tail carry firebrands between them , and their shammes do only enter on the stage of the world to be instantly hissed off . my lord , i have not been rash in censuring either the principles or practices of some roman catholicks as aforesaid . and particularly i well know , that even the most ingenious of our english papists cannot now in this conjuncture endure to hear of father parsons his book writ by him to invalidate the right of king iames to succeed queen elizabeth , principally because he was ( as father parsons thought ) an heretick . a very great man that iesuite was , and so considerable , that one of our eminent divines in his sermon in print , gives him this character ; that he was perhaps one of the greatest men that the order of the iesuits has produced . and methinks 't was pitty he should play at such small game of sham , when he publisht that book , as to entitle it to doleman , an honest secular priest whom parsons hated , and to make him odious , laid the brat at his door . moreover , a kind of inglorious sham it was , that creswel , who was parsons his fellow iesuite , writ ( as i said ) at the same time for king iames his right to the crown , not out of any desire he should enjoy that right , but that on all events they might have something to say in apology for their society , and bring grist to its mill . for if king iames had not come to the crown of england , the honour of hindring his succession had been attributed to parsons ; and creswel the jesuit expected the credit for his writing on the event falling as it did . thus i remember to have heard a passage of two astrologers , who on the day before the former great prince of parma was to throw the die of war , agreed together to predict luck to him perfectly contrary to one another , that so they might save the credit of their art , by one of the artists being in the right . the author of the book called the catholick apology , with a reply &c. ( and which book i think the author of the compendium mentions as one of the books writ by the roman catholicks of england since the kings restoration ) saith p. . speaking of dolemans book , for dolemans book who wrote it god knows , parsons deny'd it at his death , and i believe he was not the author , because in several of his works he speaks very much to the advantage of king iames. but as to father parsons having in that conjuncture been of the spanish faction , and having apply'd his whole soul and strength to hinder king iames's succession , and his having writ that book the great foremention'd cardinal , namely d'ossat , ( who in several of his printed letters gives the world a more satisfactory and particular scheme of the whole design to hinder that kings succession to the crown of england , than i know any or all else to have done ) saith among his letters ( printed in folio at paris . ) in that in book th anno . a letter to the king , letter . what may be thus render'd in english , viz. it may please your majesty to remember , that since the year . there was a book printed in the english language that the spaniards caus'd to be made by an english iesuite call'd parsons , and 't was by the way of the low country dispersed about england &c. and further in the th book p. . in the letter to villeroy , letter . what he saith of that book of parsons , may be thus made english , and from that book of father parsons one might draw reasons in favour of his majesty , which would be more weighty then those he deduceth for the king of spain and his sister , the said father parsons does contradict himself very often and very grosly , as it happens to all persons in passion as able as they are , who are not guided by truth and by reason , but transported by interest and by passion . and in the last letter of the th book , and to villeroy from rome the th of december , he speaks of father parsons having made application to himself to desire that there might be a treaty prepared from rome between the pope , the king of france , and the king of spain , to agree among themselves of a catholick , that may reign in england after the queen , be it the king of scots if he will turn catholick , or be it some one else &c. but there in p. , year , letter . from rome to villeroy , and on april st , it appears that all the machinations of the hot iesuitical heads against king iames his succession were overturn'd by providence , for he there saith that the queen was no sooner dead , then that the king of scotland was in england peaceably received , and the controversie of king iames his title evaporated ; and for the honour of our english understandings he there saith , les gens de cet isle là ont bien monstrè qu' ils scavoient faire leurs affaires entr ' eux tost & seurement , & que ceux de dehors se sont fort mescontez en leurs desseins & esperances . i. e. the people of england have well shewn that they knew how to do their own business among themselves quickly and safely , and that others abroad took very wrong measures in their designs and hopes . i have here said enough to entertain your lordship with the view of their unreasonableness , who would impose on us , that father parsons wrote not that impious and treasonable book , and likewise with the more pleasant view of gods confuting it ( as i may say ) by the happy determination of his over-ruling providence . and now because i would make it appear to your lordship , that i have not been unjustly severe to the jesuitical principles , in rendring them such as are the sturdy extravagances of those offals of mankind , call'd bullyes and hectors , i shall entertain you with one instance of a bravado of threatning from one english iesuite to all protestant crown'd heads , a bravado that is like the high water mark , to shew in words how high 't is possible for the foam of the raging sea of anger to reach , and 't is in a letter of campian the iesuite to queen elizabeths privy councellers , printed afterwards at triers , . as i find it cited in that most learned preface of my lord bishop of lincoln's to the book concerning the gunpowder treason , in the year , and 't is thus in english , viz. that all the iesuits throughout the world have long since enter'd into a covenant , to kill heretical kings any manner of way : and as to our society know , that we iesuites who are spread far and wide throughout the whole world , have enter'd into an holy covenant , that we shall easily overcome all your machinations , and that we shall never despair of it as long as any one of us remains in the world. lo here a drawcansir , that will not only snub all protestant kings , and take the bowles from their mouths , and beat out their brains with them himself , but he saith there is a society or corporation of such brethren of the bladed ecclesiastical , who have enter'd into a covenant or association to murder all protestant kings , and that every single member of the corporation should have that dead-doing talent of valour that should awe and subjugate the protestant world. and here then , my lord , every jesuite values himself on being a mutius scaevola ; and more than three hundred of these new romans , or so many thousands of them , i mean all of them , according to campian , have covenanted to destroy every porsenna that lays siege to rome : but in that time of queen elizabeth there was an industrious gentleman who fear'd not the terror of these huffes , but with his secrecy and silence did reduce these mad dogs into the condition of neither barking nor biting in england , i mean sir francis walsingham , of whom 't is said in cotton's posthuma , that his bountifull hand made his intelligences so active , that a seminary could scarcely stir out of the gates of rome without his privity . and no wonder then if campian was soon brought to the end of a traytor here in england by the care of one of queen elizabeths privy councellers in the year . who did both defie and scorn that rhodomantado address , wherein the iesuite did goliah-like , defie all protestant kings and their armies , and as if he would give their flesh to the fowls of the ayr ; but the event shew'd his own flesh was so given as a traytors , to that use here in england . it was a kind of a bravado in the great archimedes , to say , give me where to stand , and i 'le shake the earth . he well knew no such place could be found . the iesuits it seems would have every one of their order to be an archimedes , and able to shake the earth as he pleas'd , and the hypothesis of popery they know offers them a place divided from the civil and imperial government where to stand with their engines , namely the ecclesiastical , but things will not be ill administred , and holy church it self will sink into the earth , if its foundation be not laid as god and nature would have it , and the man who stands for the place to be an archimedes , and to move the earth , will soon find his fate of being dissolv'd into his own little dust , and that among the artificial lines he is making . it seems that boasted association or covenant of the jesuites did help to occasion another among the protestants in queen elizabeths time , which was ratify'd by act of parliament in the th of eliz. which was about three years after the death of campian , who was convicted of high treason by vertue of the statute made in the time of our popish ancestors , namely in the of edward the third , and thereupon executed , and yet by the romish church made a martyr , tho ( as i said ) convicted on that statute . but according to this thundring denuntiation of war against all heretical kings by campian as the jesuites herald , and his boasting when he did put on his armour that every one of his order should be like an alexander an adequate match for at least one world of hereticks , the author of the compendium needed not by his rhetorick to reflect on my lord bishop of lincoln's candour & gentleness in saying yet if it be a breach of christianity to crush the bruised reed and of generosity also to trample upon the oppressed , i wish his lordship may be found guilty of neither &c. for behold any single jesuite according to campian tho but like a reed shaken with the wind is able to bruise all protestant scepters , and any little toe of that order can trample all heretical crowned heads to dirt , and the number of the papists in england if reduced to the least of numbers is not according to campian to be slighted , if one of them be a iesuite , for that that one jesuite will carry the advantage of odds against all protestant kings and princes ; that one may say my name is legion , for we are many : but as that legion-spirit could not without the divine permission ruin a herd of swine off from a steep place , so neither can all the legions of iesuited evil spirits in the world drive a king & kingdom from precipices at their pleasure : and queen elizabeth in spight of all the arts and power of rome outlived eight popes , and lived to change all her counsellors but one , all her great officers twice or thrice , some bishops four times , and died full of years , and did see and leave peace upon israel . and now i shall entertain your lordship with a further reason of my charging the present popes declaration aforesaid about some opinions of the casuists , as carry with it a face of some thing like shamme : and my reason is grounded on what was said in a publick sermon before an honourable audience , namely , that the propositions of the casuists therein were not condemned by the pope in the consistory , which would have made the censure more authoritative , but by the pope and cardinals of the court of the inquisition , upon which a remarkable thing follow'd : the iefuites in france who were much provoked at this censure , moved the procureur de roy , or attorney general at paris to put in a complaint against the publishing that decree , since it came from the court of the inquisition , which not being acknowledg'd in france , nothing flowing from that authority could be received in that kingdom : upon which the decree was prohibited and suppress'd . and may not the english popish priests say the same thing , the inquisition was never received in england , and therefore that declaration of the popes obligeth us not here , and we will prohibit and suppress it as much as we can ! no doubt but the present pope fearing that the noysome and infectious smell of those opinions of the casuists being more offensive to the minds of men , then any snuff of a candle can be to their nostrils , they were ready to cry for the removing of the candlestick of his church out of its place , went about to extinguish them in the most summary manner that he could , and therefore attempted to do it by the court of the inquisition ; well knowing , that in the consistory of cardinals all proceedings are so dilatory , and the old magi there so used to do every thing pian piano , that they would consume many pounds of new candles in debating whether or no and how the old snuff should be removed , and perhaps would have thought to have contented the world in the mean time with giving it some perfumes : but the pope being afraid of the iesuites , perhaps as sometimes the grand signior is of his ianisaries , doth not for fear himself should be extinguished by them , so far ( as i may say ) follow the light within him , as to throw away or tread out that snuff of those opinions as containing a malum in se , or declare any of them to be ill as contrary to the principles of the law of nature , in which case neither he nor god himself indeed could have dispens'd with them , tho yet any honest and ingenious heathen would on the least occasion given , have declared them so , as cicero and seneca , and many others have done ; and which had the pope done and the iesuites or any papists persevered in the making those principles the rules of practice , his kingdom had thereby been ipso facto divided against it self , and a diffinitive sentence had been thereby given by the pope , that all who had dy'd owning those principles and practices , had been sunk for ever into the burning lake . therefore , as i said before , i hope this declaration of the popes such as it is , will give an alarm to our english papists to deal seriously with their souls , and to consider as if it were for their eternities , these and other principles of their religion , and that if they will not be thereby perswaded to be almost protestant christians , yet to be altogether masters of as good moral principles as the heathens i named ; and if any of them can but give us a moral certainty of their principles being but such , i shall never repine at any favour that any new law may afford to such of them . if therefore any of our lay country men papists not guilty of the late plot shall desire to be heard , and to say any thing toward this effect , some of us have heard of these principles before mention'd as own'd by our casuists and priests and confessors , that are now thus condemned by the pope , and we did not believe that those our spiritual guides did own such principles , but now our eye seeth by the condemnation thereof that they were before own'd and made rules of practice ; wherefore we hope that who ever do own them , will abhor themselves and repent in dust and ashes ; and others of us did formerly think them consistent with the christian faith and the peace of kingdoms and with humane society , but we now abhor those principles and repent in dust and ashes ; we are ready to let the king and kingdom and the world have a moral certainty , that we desire no power to change the religion in england by law establish'd , and we are willing to receive instruction from any that shall be appointed by publick authority , to give it to us , concerning what other principles beside these condemned by the pope are inconsistent with religion or the publick peace ; and in case any shall offer to give us dispensations either for principles or practices contrary to those , we renounce as inconsistent with the publick peace ; we shall be so far from accepting of such dispensation , that we shall detect the offerer thereof before a magistrate , as much as we would an enemy to his majesty ; we are ready to give active or passive obedience as to all the laws in being ; we believe not the bishop of rome to have more power in his majesties realms by gods word , then any other forraign bishop , as was by acts of parliament and publick recognitions declared in the reign of henry the th . we are willing to render the kingdom as secure from fear of us and our obtaining power , as are the states of the vnited provinces from those of our persuasion in religion among them ; we are willing to let you see , that the same basis that shall be your security , shall likewise be ours . a great part of our number has we fear given too much cause of jealousie to the kingdom of their affecting pre-eminence therein , we are sorry for it , and hope it will be so no more ; i say such papists as these are the bruised reeds , i would not trample on , and would make no noise to interrupt their being heard to the effect above mention'd . and since what has been done , may be , and sir william temple in his impartial observations on the vnited provinces of the netherlands , chap. . saith of the roman catholicks there , that tho they are very numerous in the country among the pesants , and considerable in the cities , yet they seem to be a sound piece of the state , and fast jointed in with the rest : and have neither given any disturbance to the government , nor expres'd any inclinations to a change , or to any forreign power , either upon the former wars with spain , or the latter invasions of the bishop of munster ; 't is i say possible therefore for them to become sound pieces of the state there . and if the end of all their shamme plots be what is usually that of comedies , and romances plots , a marriage , i mean their espousing the true interest of the kingdom , i for my part shall never forbid the bannes of the matrimony , nor enter any caveat against the license for it granted by lawful authority ; provided they give due security as in that case against such a precontract with rome , that may null their contract with us . 't is an old common observation , that whelps without any care bestowed on them will see at the end of nine days , tho born blind , and that if they are much tamper'd with by art to be forced to see sooner , they are blind for ever : and therefore i hope that the forbearance of our church in this latter age to tamper with them , by disputes , or catechising , or compelling them to be present at the publick worship , will with the help of time and nature , and their experience of their inability by all their shamme plots to put out our eyes , conduce to the opening of theirs . alas , what advantage is it by all their artifices that they can hope both to gain and keep here , i mean for any considerable time . a trick of art is like a monster in nature , ill-lookt , and short lifed ; and 't is obvious to every eye , that the higher scale got up by accident , is more ready to pop down again , then it was before , while it hung in its due poise . and while they do by art and contrary to nature in any conjuncture hoist up their interest high in the air , the artificial motion endures not there long to be gazed at , and while it is there visible , 't is beheld by thousands of vigilant marksmen , who know 't is easier to hit the mark shooting upward then downward . we find 't is notorious out of the present pope 's said decree of the second of march last , that the iesuits and other casuists were encouragers and patrons of calumny , by those principles of theirs he therein condemns , and namely , that probabile est non peccare mortaliter qui imponit falsum crimen alteri , ut suam justitiam & honorem defendat : & si hoc non sit probabile , vix ulla erit opinio probabilis in theologia : i. e. it is probable that he doth not sin mortally , who fastens a false crime on another , that he may defend his own iustice and honour ; and if this is not probable , there is scarce any opinion probable in divinity . the iesuits have by this opinion given us the alarm that they make calumny not contrary to the law of god , but only beside it , for that is the popish account of a venial sin ; and moreover , that it is a small and very pardonable ▪ offence against god or our neighbour , and no more than an idle word , and that it robs not the soul of life , and that it may be remitted without hearty pennance and contrition , and only with the sacraments , holy water , and the like ; these being the popish received doctrines of the nature of venial sin. and thus they may be false imputations and testimonies rob the bodies of protestants of life , without bereaving their own souls thereof , and this is own'd by them as a first rate probable opinion in that great science call'd divinity , that great first rate of all sciences , as relating to the honour of god ; but most certainly we have very great reason to pity the persons of those who have such low and groveling and ridiculous conceptions of the supreme being , as to think to add any thing to the brightness of his perfection by that sacrifice with whose smoke they endeavour to blind the eyes of some of their brethren ; while they are with its flames consuming the bodies of others , and to think to tickle him with the straw of praise , while they rob men , and that the using of fraud can be worthy of god , which is scorn'd not only by gentlemen , but even generous beasts ( it being proper to foxes , and not to lions to practise it ) and that tho the dice of the gods always fall luckily ( according to the old adage ) that false ones are to be used for their honour , or that any one is to be a falsarius for the glory of the true god , and that since the roman heathens thought it essential to the justice of their laws , and the honour of human nature to term him a falsarius who but conceal'd truth in the case of men , it can be worthy of the divine nature to encourage false asseverations in ordine ad deum , and that it can be any honour to infinit wisdom to out-wit silly mortals , or to infinit goodness , to set it self off by the putative or real faults of any one , and that since as the philosopher said long ago , 't is the greatest scandal to a governor imaginable 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , to lay snares for those that he governs , to think that the great governor of the world can have honour from the laying of nets and springes by man catchers ; in fine , to think that after the divine compassion to men had under the mosaic dispensation so long signaliz'd it self against idolatry , because 't was a cheat , and for that an idol is nothing , it can be consistent with the divine goodness now under the oeconomy of the gospel ( of which the restoring of humane nature was the great intent ) to encourage inhumane arts and artifices , to make it degenerate to the old cheat of idolatry again , and which was the worst extremity of it , the immolation of men under the pretext of religion , a cheat of idolatry , that the blessed iesus design'd by the offring of himself to exterminate out of the world as an unnecessary thing , and by his dying breath to make it evaporate for ever . there was no guile found in his mouth , and his followers were only then wise as serpents , while they were innocent as doves : and the first crying in the cradle of the puer hebraeus of the holy child iesus , was as thunder to strike the old equivocating oracles dumb , that had so long cheated the credulous world. when he branded the scribes and pharisees with sharper language , he calls them hypocrites ; he alarms us of false prophets coming in the masquerade of sheeps clothing ; tells us , that he who calls his brother fool , shall be in danger of hell fire , and therefore he may much more fear that danger who makes a fool of him , and plays the knave with him ; he commands us not to calumniate or kill , but to bless those that curse us , which is more than to praise them , as i said before of blessing being the tribute due to men heroically virtuous . to shew that he intended nothing of artifice in the propagation of his doctrine , a hated publican , and a few poor fishermen , and a tent-maker are used in his embassy to the world , men not likely to be able mentiri pro patriâ coelesti , if such a commission as go cheat all nations , had been given them . and lest it might be thought that with oratorical harangues that he or they led men by the ears , as an implicit faith is said to lead them by the nose , he us'd no hony of phrase , or sting of epigram , no politic remarks , nor scarce more lenocinium of words , than is in he that hath an ear to hear , let him hear . he tells us , that for every idle word we must give an account , and therefore certainly abhorr'd equivocation , which makes all words and speech idle , and of no effect ; and since , as i think , 't was truly said , eloquentia non nisi stultos movet , eloquence moves none but fopps ; he did , as i may say , put that generous complement on mens understandings , not to commission his ministers to try to sooth men out of one belief into another by bribing their imaginations with the excellency of speech , or the inticing words of man's wisdom , but the contrary . he thought it worthy of god to be worship'd by the world in spirit and in truth , and not to encrease the number of his homagers by lies , legends , and impostures . it was for the honour of the christian religion that the son of god chose to take flesh in the time when augustus reign'd , when the roman world being freed from a long civil war , had leisure to ●●ltivate the arts of wit and reason , and had brought them to their highest perfection , and took not the advantage of a dark and barbarous age to surprize the world in , as afterward both papism and mahumetanism did , and 't is therefore no marvel if either of those two hypotheses of religion , did in one point so much resemble the christian religion , in so soon with its ferment levening so great a lump of the world. but the christian religion came not into the world like a fireship with prepar'd smoke to blind mens eyes , as it was assailing them : no , for to the end that the christian reveal'd doctrine might like a great pyramid be conspicuous to the whole world , and last together with it , and reach from earth to heaven , the divine providence was long laying its foundation very deep in nature , and very wide in the world ; i mean , iustice and reason so agreeably to humane nature then at their height appearing in the laws of the roman empire , and its subjugating the world , and its reducing mankind to the law of nature first imprinted on man's heart , were by the care of heaven used as previous in qualifying the world to receive the glorious superstructure of the christian religion , the which would certainly not have been so much as res unius aetatis , if at that time when the roman laws inculcating the natural cognation between all mankind , and placing actions that wound piety or reputation , or good manners in the number of things impossible , and intimating their abhorrence of collusion , combining , circumvention , and disanulling things done thereby , and branding of those acts that do fraudem facere legi , and rendring that to be but a pittiful innocence that is but as good as the law requires , and making him in the eyes of the law to be still in possession of any thing , who is actually trickt out of it , quia pro possessione dolus est , providing against calumny by an oath in all litigations , and when a person is render'd to do a thing infamously , expressing it by dolo facit , having the regard of pudor , verecundia , humanitatis , ac religionis ratio , and other such words of the like charming signification , which were like trees in the body of the roman laws , planted as thick by one another as they could well stand , the christian religion had in the congruity of its precepts to humane nature come short of those of the romans , who as cicero says , did not calliditate ac robore , sed pietate ac religione omnes gentes nationesque superare , and especially if in those against calumny , fraud and circumvention , the christian faith had not reach'd as high as the bona fides of the heathens , and much more , if the model of christian morality had been in that knowing age like that of the jesuits in this . but certainly since it hath often proved fatal to the ministers of kings to be , or seem wiser than their masters , the iesuits by affecting in their platforms of morality to be wiser than him , who in the style of the scripture , of god is made to us wisdom , righteousness , sanctification and redemption , may easily take a prospect of their ruine ; and as the serpents trying to out-wit heaven , and its poisoning the morals of our first parents with its subtlety , made the scene of its motion to be in the dust , and it to be more accurs'd than any brute animal , such is likely to be the fate of this serpentine order after they have been by their subtle casuistical distinctions so long nibbling at the sacred word , a thing the old serpent did , and tempting men in a fool's paradise , according to their several palates by their tree of the knowledge of good and evil , i mean the experiments of vice , by their pretended moral theology ; but what is so far from deserving the name of theology , that if it were imagin'd that a general counsel of devils were by their chief call'd to debate of a model of credenda and agenda for the world , 't is likely they would unanimously agree to set up this , and no other ; for no doubt they would pass no article to deny the existence of a god , for they believe that , and tremble , nor yet any article that might be controul'd by natural light , or of which any matter of fact would be over-rul'd by authentic history ; but they would among the unwary judges of things , and such whose judgments are choak't up with the fumes of lust , try to puzzle the cause of religion , and by distinctions to make golden bridges for men to retreat from morality : and this course the iesuits have took . by their casuistical distinctions they have broke both the tables of the moral law into innumerable pieces ; they have broke not only the least , but greatest of the commandments , and have taught men so to do , and how to do it with a salvo to them , and how salvo metu & fide peccare ; and by being casuistical splitters of sin , have been as troublesome to the world , as splitters of causes are to a country . the christian religion that great tye intended by heaven to be like a substantial and great cable ( as i may say ) to supply the great anchor of our hope , they have made it their great business to untwist by their nice distinctions , and to make it so fine that it will not hold , and by encouraging lies and calumnies for the honour of holy church , they have help'd the politic-atheists-would be to a new occasion of trying to insinuate that old impotent-slander that religion it self is a cheat ; and moreover , since it is on all hands confessedly true , that religion is necessary for the government of the world , and that every ligament of humane society without religion , is but like a rope of sand , 't is probable that the iesuits morality being destructive of religion , that the nations of the world will look on it and their society , as an association against humane society , and that one nation after another will declare themselves abhorrers of it . and it must by necessity of nature appear , that they cannot be confessors of truth , nor martyrs for any but the devil , that make lying venial ; nor can their fate who pretend to be witnesses in the cause of religion be any other than is that of some according to the law and practice of nations , who are witnesses in any cause , to have their whole deposition rejected upon the discovery of one falsity therein . and since 't is confessed to be the doctrine of the roman catholic church , and particularly of the trent-council , that the intention of the priest is necessary to the validity of a sacrament , who can promise to himself safe anchoring in the depths of a jesuits intentions to make the sacrament , while he makes cheating lawful ? if any one shall say , that so vile a thing is not to be supposed in a priest , as upon any occasion not to intend the making of the sacrament , let him consult the additionals to the mystery of iesuitism , and there he shall see , p. . proposition . no meaner a iesuit than the great casuist escobar , cited for this assertion , that it is lawful upon occasion of some great fear to make use of dissimulation in the administration of the sacraments , as for a man to make as if he consecrated , by pronouncing the words without attention . escobar . theol. moral . tom. . l. . sect. . c. . prob. . p. . and in this point , the pope's said decree is infallible ; namely , to shew the fact of this doctrine of devils , having been own'd by jesuits and casuists , as appears by the proposition th . in the decree , viz. vrgens metus gravis est causa justa sacramentorum administrationem simulandi . o blessed jesus , can any jesuit think it is lawful for him so far to fear those that can kill the body as by his dissembling his making of thy body , to destroy anothers soul by idolatry ? 't is among both papists and protestants confessedly true , that if the host i worship should not be the body of christ , i were a great idolater ; and therefore if a priest by that incident passion of fear may lawfully forbear to intend to make the body of christ , i may well have such a constant fear as do's cadere in constantem virum , of the danger of my worshipping only a wafer , and consequently of my being an idolater : and since a miracle is heaven's broad seal to the truth of any doctrine , and since transubstantiation is the greatest miracle that can be thought of , i may well conclude that god will not commit the power of making millions of miracles every day to men that make cheating lawful , more than a prince will commit the custody of his broad seal to a professed impostor . and therefore i shall 〈◊〉 the way affirm , that the protestant religion not making the intention of the pr●est essential to the sacrament of the eucharist , is more strongly assertive of the real presence there then is the very popish hypothesis . the truth is , 't is a very inglorious , and a very imprudent thing to use fraud even in the conduct of political government . my lord herbert in his life of harry the eighth , speaking of a foreign monarch , saith with great judgment , but while he escaped not the opinion and the name of false ( which yet his country writers pall●a●e no otherwise than with calling it saberraynar ) he neither comply'd 〈◊〉 his dignity , nor indeed the rules of wisdom , true reason of state consisting of such solid maxims that it hath as little need of deceit , as a sure game at chess of a false draught : there is no use of it therefore among the wiser sort , it being only a supply of ignorance among the ruder and worse kind of statesmen . beside it appears so much worse in public affairs , as it is never almost hid or unrevenged . reputation again is still lost thereby , which yet how much it concerns princes , none can better tell than such as imagine them without it . but to use fraud in or for that great concern of mankind call'd religion , is more absur'd : and 't is the vilest nonsence imaginable , for men to talk deceitfully for god , and that style of a foreign monarch of dissembling his indignation , need not be used by him who made the world with a fiat , and can unmake it with a thought , and whatever religion in the world is true , i am sure that is and must be false that attempts to support it self by falshood or fraud , and by the violation of faith given . for i am sure that to stand to promises , to abhor deceit , is a thing in its own nature simply good , and that it is impossible that god should lye , and if it be simply good in god , it is necessarily so in man , whom he hath made after his own image , the image being to answer the archetype : and that religion therefore that doth approve of falsarii , and which cannot have the true god for its founder , and in which every honest man may justly say to the deity of its worshippers , stand by thy self , come not near me , for i am holier then thou , ( as the scripture expression is ) must expect to be exterminated out of the knowing world. such worshippers can be no more judged parts of the ecclesia catholica , than pick-pockets in churches are of the coetus fidelium there , and as when these petty larceners are there discovered , they are glad silently thence to steal themselves away , such perhaps will the fate of those grand impostors too be after their detection to march out of the church , and that without the parade perhaps of noise of trumpet , or beat of drum. there needs no battering ram against fraud , but detection . and these arbiters of calumny , that like the month of march came into the world as a lion , may perhaps go out of it like a lamb , and their morallity naturally come into the number of pancirols , res deperditae , and as not worthy of any humane care to conserve , after it has with so much violence been labouring in vain to destroy that old great invention of god , the law of nature . let any great east or west-india company in the world , but once as a public society , renounce the observation of faith , or patronize cheating , and no other company need envy their growth or continuance , or pick holes in their charters , and retain the loudness of lawyers to dissolve them . and such is the fate like to be of any religionary society . none need ask where are the fighters , or where are the disputers of this world , to confound an order whose casuists make lying lawful ; and yet make it lawful to kill one that gives the lye. and the truth is , it is already through the providence divine , and likewise the providence and circumspection of men so effected , that these lewd moralists , that call themselves the fellows of the holy iesus , these crafty companions are so detected in the church , not only as cheats , but as having the plague , that they are avoided by many of the orders that own the pope as their chief , who will neither admit them to prattique nor quarrentine , and they are in a manner reduced to the state of those princes , who force a trade at home , and only drive one with their own plantations abroad . they are already come to the state of bessus his collegues in the comedy , a sort of military pretenders , who after their buffetings and spurn●ings they had took from so many , did support their credit only by this combined determination , namely , that they were valiant among themselves : and this is the present state of these expos'd casuists of the church militant that have been so long imposing on the world by force and fraud , 't is agreed on by them that they are iust among themselves . with the help of all that nature and art can do , they can never recover the wounds that have been given them , by the publication of the les provinciales , or the mystery of iesuitism discovered in certain letters written on occasion of the differences at sorbonne between the jansenists and the molinists , with additionals , and were printed in the english tongue in the year . and that great court of conscience that is a court alwayes open ( and where the judges are too many to be all brib'd or aw'd however some may sleep ) which i may call conscientia humani generis , having arraign'd and condemn'd their casuistical tenets as infamous , they are after an impeachment and sentence in that court to expect no pardon : the world will never forgive nor forget their making calumny a venial sin ; nor their particular bringing into the field for the service of the art of strongly calumniating battalions of fathers , schoolmen , divines of other orders by guimenius : who in that book of his before mentioned , brings in a multitude of great names of those great ranks not only to justify , but even to sanctify the crimes charged on them in those letters : and as 't was said of old , citius efficies crimen honestum , quam turpen catonem , so in guimenius we do not see any rascall deer who were justly markt or wounded , thrown out of the herd of the jesuits , but we see men who were besmear'd with their own filth and the dirt the world threw on them , out-braving the light , and to cleanse themselves from imputed guilt running into the crouds of casuists of their own and other orders , as likewise among the fathers , divines and schoolmen ; and so magnanimously impious was he , as to make acts of cheating and calumny to be patroniz'd by holy church , and openly to excuse the putting gods mark on the devils merchandize , and to stamp in effect a legitimacy on them with an effrontery only to be parallel'd with that which tully tells us concerning antony the oratour , who being to defend a person accus'd of sedition , boldly went to prove that sedition was no crime , but a very commendable thing . but after all their long casuistical weighing of the dirt of vice in aurificis staterà , or rather in essay-masters scales which turn with the th part of a grain , and as some contriv'd by an honourable person of the royal society , will turn with the thousandth part of one , it can never be forgot that they tell us this dirt is gold. nor can or will the bold artifices of the jesuits before mentioned in eluding the popes decree of the d. of march , . against their unmoral divinity , and of which declaration the cloud contains thunderbolts of excommunication against their tenet of lawful lying and perjury , and equivocating , and of dissembling in the administration of the sacraments , be ever forgot even by many thinking papists , or indeed the thinking part of mankind . and protestants may well ask all papists that call those damn'd tenets of the jesuits by the name of religion , where was your religion before the birth of luther ? for luther was born above half a hundred years before the birth of the society of the jesuits . nay since that religion has been damn'd by that decree of the popes , we may ask them , where is your religion now , where is the popes infallibility so much avow'd and idolised by the iesuites heretofore ? what , is not the pope infallible in his chair , in the inquisition ? was his chair in the apostolic palace in the vatican , and attended there by the most eminent and most reverend lords the cardinals of the holy roman church , being specially deputed by the holy apostolic see , to be the general inquisitors for the whole christian common-wealth against all heretical pravity , i say , was that chair the chair of pestilence ? are not you as heretics self-condemn'd in having procur'd your infallible popes condemning decree to be suppressed in france as coming from the pope in the court of inquisition ? alas , do not we know that 't is all one as to the value of the coin , let the prince's mint be kept in this place or the other ; and that 't is the sanction of the pope either in the consistory , or in the inquisition at rome , that gives the standard of weight and fineness to any doctrinal propositions , and that makes them current ? do we not know it out of the history of the councel of trent , that the pope told the cardinals in consistory , that they had only consultive voices to put things to his consideration , and that the decisive voice belong'd only to him ? do we not know out of that history , book th , that laymez the general of the iesuites spoke with great veh●men●● and master-like in the councel about two hours , proving that the power of iurisdiction was given wholly to the pope , and that none in the church besides ●ath any spark of it but from him , and that while christ liv'd in the flesh , he govern'd the world with an absolute monarchical government ; and being to depart out of the world , he left the same form , appointing his vicar st. peter and his successors to administer it as he had done , giving him full and total power and iurisdiction , and subjecting the church to him as before to himself : that in councels be they never so frequent , if the pope be present , he only doth decree , neither doth the councel any thing but approve , and therefore it has been always said sacro approbante concilio ; yea even in resolutions of the greatest weight ( as was the deposition of the emperor frederic the second in the general councel of lions ) innocent the fourth , a most wise pope , refus'd the approbation of that synod , tha● none might think it to be necessary , and thought it sufficient to say pr●sente concilio ? how comes the case now alter'd , when we behold the iesuites now crucifying the decree of their king the pope , after all their former h●●anna's to him , while he was mounted on the world as his ass , and after all their dea●●ing of the world with blessing him in nomine domini , and see them now putting but a reed of infallibility in his hand , and see his scepter in theirs , and see their fourth vow to the pope annull'd , and what performance then can hereticks expect from any promises they make to them ? and might not the iesuits wi●● the salvo of a protestation against the inquisition , or with a thousand expedients , if they had pleas'd , allow'd receipts from the inquisition , to rid the world of a pestilence , as frankly as protestants use the jesuits powder against agues , and without intending more honour to that court , than the sacred writ did to the devil , in recording for our instruction several things by him spoken ? and have not we a candid account of this arca●um in a very ingenious discourse lately translated into english , and call'd , the policy of the clergy of france to destroy the protestants of that kingdom , and writ in the way of a dialogue between a parisian and provincial , where p. , and . le cheise and the iesuits party are said to have effected the suppression of the said decree in france , upon pretence that it issued from the tribunal of the inquisition , and that in the draught of an order of a parliament in france , for the suppressing the publication of this decree , these words were put , viz. tho that these propositions are justly condemned , and that father le cheise caus'd these words to be ra●ed out , and has put in their stead , that even the good things which come to us from the tribunal of the inquisition , ought not to be receiv'd ? but if upon occasion of what was discours'd by that author , it be further said , that the setting up of those unmoral casuistical tenets in france , was the erecting a pillar of ignominy against god , i will ask if one who is revera an incompetent iudge shall go to demolish any such pillar set up against my father , and i have already own'd that that iudge doth infallibly know the bounds of his iurisdiction , and have obliged my self to him by the foremention'd fourth vow , that what thing soever he shall command that belongs to the profit of souls , and the propagation of the faith , i will without any tergiversation or excuse execute , as far as i am able ( for this is the jesuits fourth vow to the pope ) shall i then be active in the hindring a decree of this nature , given by this judge from being executed , at the same time , i protest against it , shall i make no protestation for the honour of my father ? and do you think in this inquisitive age the cheat of an inquisition , will elsewhere pass long , since that court that is used by ordinary inquisitors for the torturing the bodies of christians , and mutilation of the image of god , cannot be allow'd to shew severity to the body of sin , to the image of the devil in depraved minds , and that while your unerring iudge of law and fact is in person there praesiding ? are not you that surpre●● the dictates of your own vniversal pastor such unreasonable men as we may well pray to be delivered from ? all our jesuited papists must still expect expostulations of this nature . their head was before at rome , and their brains too ; but if they now make a schism from the pope himself , they will come under the denomination of acephali ( the name of some ancient heretics ) that is , the people without a head , unless they will own the hydra of the jesuits for their head , which it seems the hercules of rome could not subdue . i believe many of them will consider what sure footing they have where they are , while they see their moses flying from his own staff when made a serpent , i mean his order of jesuits , and see the collusive or sham-serpents of the jesuits devour those of their moses , and juglers by deceptio visus and lying to impose on the eyes of the world against the sence and reason of mankind , and even of the pope himself , and 't will be very ridiculous for them , who have been cheated out of their own religion , to think that some who are the jesuits bubbles can cheat us of ours , and that while they are grown seekers , they should make us loose our church ; and that when the spiritual monarchy of the pope is in a manner run down by the republic or society of the iesuits , they should think to cheat us of our king and church , and that our religion can be run down by such spiritual outlaws , and rebels against the pope himself , and such as perhaps the pope may in time be induced to oblige the world by suppressing after their injuring all morallity , and the most vital parts of christian religion , and the great avow'd use of his power in the whole christian common-wealth , by their suppression of his said decree . i hope while the fan is in his hand he will throughly purge his floor , and esteem the disposals of rich benefices in france to be poor regalia sancti petri , for him to vindicate in comparison of the lives of the souls of his flock , that he , and all ingenuous knowing mankind , know must be destroy'd by such casuistical principles ; and without his doing which , he cannot in the least deserve the title of his holiness . for the determining the truth about such principles , he need not say as one of his predecessors did about the iansenian speculations , that he had no skill in divinity . a very little skill in natural divinity ( and such as may be had by the reading a few lines in tully's offices ) would accomplish any one with what would demonstrate the things allowed by the casuists to be unworthy both of the divine and humane nature ; and all the jesuit's skill in divinity will never be able to render them otherwise to the world. i must seriously profess , that one saying of the great cicero in that little book , viz , ea deliberanda omnino non sunt , in quibus est turpis ipsa deliberatio , i. e. those things are not at all to be deliberated wherein the deliberation it self is filthly ; has in it i think more frank generous morality included , and that which is more worthy of the ancient roman and primitive christian simplicity , then what all the libraries stuff'd with bauny , escobar , layman , le moine , navarrus , azorius , molina , tanuerus , lessuis , emanuel sa , henriquez , and other numerous casuistical jesuits have furnished the world with , wherein they do so nicely and infinitely divide the body of sin in semper divisibilia , and indeed make it an infinite nothing . but the world i think will not long deliberate what to do with this casuistical divinity , of which no truer description can be given , then that 't is a deliberation of sin. i do not know any that would eate or drink with another that he thought did deliberate to poison him . dum deliberant ( saith tacitus ) desciverunt : i. e. while they do deliberate whether they should revolt , they have revolted : their very deliberation and consulting was ipso facto a revolt . i doubt not but many pious christians of the roman catholic communion have complain'd of the effect of their subtle and innumerable distinctions destroying christianity , in that style of the woman in the gospel , they have taken away my lord , and i know not where they have layd him ; and that considering those casuists had so far sear'd their consciences and brazen'd their foreheads as in the patronizing of calumny and other impieties to defy not only christs gospel , but the pope's own canon law , many papists importun'd the pope with their zeal sutable to that of the psalmist's , to give that decree , saying , it is time for thee to work , for they have made void thy law. 't is notorious that the canon law ( as bad as it is ) is very severe against calumny and calumniators , and especially against clergy-men that are such , and pronounceth a clergy-man infamous who is convicted of defaming another : and 't was very well worthy the vigilance of the pope , not to let the jesuits steal away his canon law from him . but this must needs be very diverting to this inquiring age , to see protestants as well as papists accounting the popes reducing some immorallities to the test of his own canon law , a piece of reformation , and the pope struggling to effect it , and hindred by the jesuits therein . according to the former expression , it is time for the pope to work and to null that order that thus nulls his aforesaid decree in the sight of an awaken'd world , and is else likely to null his church , the patience of mankind being the less able longer to bear the weight of jesuitical calumnies by its having endured them so long . the truth is , the great and original cause of the founding of that order being to cut heretics throats , ( for at this plain rate we must speak and call a spade a spade when they are digging our graves with it ) it was necessary for them to use the art of blackening of heretics by calumnies as the prologue to that tragedy , the which would cause the heretics to fall unpity'd ; and 't was necessary to make that black art as lawful as they could , that so they might have their quietus from the world for the arrear of their pass'd frauds , and not fear accounting for future ones . but as these men will not recede from their art , so neither will nature recede from it self , and our critical english world now having occasion to pass judgment of their calumnies , is naturally enforced to con●ider their former shammes in states and kingdomes to aggravate their present ones , as judges still in the case of malefactors are obliged to take notice of their having been formerly branded for the same crimes . the execrable shamme made against the admiral and others as conspiring to kill the king of france , and giving provocation to the parisian massacre , will never be forgot ; nor the shamme that was provided to have charged the puritans with the gun-powder treason ; nor that of the irish rebels , who were so outragiously impudent as to pretend the commission of our royal martyr for their butcheries : nor yet that of the jesuites having effected heretofore in bohemia , and lately in hungary , that counterfeit and forged letters should be found in the custody of the protestants , to charge them with crimes against caesar. the memorial of the sufferings of the protestant ministers in hungary at the instigation of the popish clergy there , printed for william nott , in the pallmall , . shews it at large , where 't is said , they did not ( against the ministers ) insist much on the particulars that relate to religion , but great endeavours were used to prove them complices of the rebellion , the which their advocates and councel did manifestly disprove , and the resident of the states of the vnited provinces at vienna did afterward in a memorial to the emperour fully and solidly refute . tho the ministers were indicted in form of law , for having assisted the rebels by their councel , and supply'd them with provisions , and for having made way for the turks to come in and wast that kingdome , yet none of them ( as that discourse sets forth ) was convicted thereof , nor one clear testimony brought to prove that any one was a complice of that rebellion . that discourse shews that the advocatus fisci did exhibit everal letters to prove all the ministers complices of that rebellion , but that many and great presumptions evinced that these letters were never produced , tho it was frequently demanded by the ministers and their advocates that they might be , and that yet they could never obtain any thing but a printed copy of them ; and thô the advocates for the ministers did often press the fiscal to declare when , where or how he came by these letters , yet that was never done . that author having p. . mentioned the vile art of calumny , that the jesuits try'd to exterminate the protestants out of hungary by , speaks in p. th . of the effects of their endeavours , saying , that upon a iust account it can be made appear that at several times before and after the citation against the protestants , ( meaning the citation to that vile process ) there were above chruches of them suppressed . it must needs then appear very ridiculous to the world , that when there is not a third part of hungary ( that old bulwark of christendom against the turks ) remaining in the emperor's hands , ( for so dr. brown in his late travels there computes it ) that these nominal fellows of christ by nominal crimes charged on real christians , should endanger the exterminating of christianity out of the european world , and the making the emperor not long so much as a nominal king in germany it self , and that the emperor should be more afraid of the itch of his remote subjects , then of the plague of his nearer foes , and that the jesuits disliking the itch after new doctrines in the hungarians should be reputed good advising doctors , who counsel him to pass the time in scratching and lancing with his nails his own members , when many thousands of armed men are designing against his life and crown , and when his empire is brought to such a state , that as 't was said of the roman empire when devolv'd on germany , that one might quaerere imperium in imperio , that the danger now hangs over it of the german empire being there sought too , and all by the true real imperium in imperio of the jesuits there . and indeed the biceps aquila , which is the insigne or arms of the empire , might be properly of late referr'd to the divisum imperium the emperor had with the jesuits , whom to every abecedarian in politics 't is known to be more his interest during the present grandeur of france , to dismiss from his councels , than ever 't was the venetians to deal so with the ecclesiastics . my lord , i should not have thought it good manners to have been so copious in the exercise of your lordships patience with the particularities of the unmoral or unmannerly doctrine of the casuists as to the point of calumny , but that i thought some oyl of these scorpions that you have not the leisure to extract out of their dead authors , might be useful to you in the repelling the venom of their stings sooner then you are aware . and indeed as 't is observed , that the last bitings of some dying animals are most fierce , so is it likely to be with their last efforts , namely those of their calumnies against protestants , which i believe will likewise be their derniers resort ; and 't is therefore your lordships and every protestants concern , who is a lover of justice , to know that you wrong'd any jesuited papists , if in capital causes you did believe them not to practice in that case the principle they profess , namely the making calumny venial , a thing so expressly own'd in the th letter of the les provinciales , that they were call'd by some of the sorbon on that account quintadecimani , in allusion to the quartadeciman heretics of old . 't is said in that th letter , that this is so notorious a doctrine of their schools that they maintained it not only in their books but also in their public theses , which certainly is the height of confidence , as among others in their theses of louvain of the year . in these termes , it is only a venial sin to calumniate , and impose false crimes , to ruine their credit who speak ill of us : quidni non nisi veniale sit , detrahentis authoritatem tibi noxiam falso crimine elidere ? and this doctrine is so much in vogue among you , that you treat him as an ignorant and temerarius person , who presumes any way to oppose it : and presently after , t is related how father dicastellus said , that to prove that t was no mortal sin to use calumny though grounded on absolute falsities , against a calumniator , he had brought a cloud of their fathers to witness it , and whole vniversities consisting of them all whom he had consulted , and among others the reverend father john gans confessor to the emperor , all the public and ordinary professors of the vniversity of vienna , ( consisting wholly of iesuits ) and that he had likewise on his side father pennalossa a iesuit preacher to the emperor , &c. but the aforesaid probable opinion of calumny will never be received in this age of demonstration , and since the old roman laws enjoyn a iuramentum calumniae , an oath of calumny , ( as was before remark'd ) whereby every litigant was to invocate god as witness and revenger about his not using any false proof knowingly , the christian world in this knowing age will know those who make the use of false proofs knowingly to be a venial sin , and it must certainly appear ridiculous to iudges and iurors to give the least respect to such gamesters oaths who trumpet forth that principle that 't is a venial sin to use false dice of the law to make true ones of protestants bones . my lord , i am not so unjust and uncharitable as to cast a brand on the body of the papists , as not being capable of the dignity of witnesses . i doubt not but there are in the external communion of the church of rome very many thousands who by divine grace are kept from communicating with that church in many of its principles and practices , and that invincible ignorance may render many of them excusable , and that the great mortifications and austerities and zealous devotions not only among many persons of their religious orders , but of the common people , shewing them heroically vertuous , do entitle them to have their testimony in any matters of fact received with honour equal with that of the best protestants . and as to many of our papists in england it must be with justice acknowledged , that their having descended from antient families , and having had ingenuous education , and plentiful fortunes , and their having seen the world abroad , where they have observed many of the principle , of the jesuits as much detested by papists as they can be by protestants , and their generous inclinations to serve vertue and morality , may well secure us from fears of their being imposed on by iesuits to use little or great unholy shammes and calumnies for the good of holy church , a sort of penance that must needs seem odious in nature to well-bred gentlemen and men of estates , not tempted like little hungry greeks to leap up to heaven , or down to hell for bread , under the which mean classe of mankind ( according to my intelligence ) those papists have generally fallne who have been famous for shamming and subornation as to the late plot. 't is therefore no wonder that papists in the low-countries are not tempted to use any shammes to promote their religion , it being necessity that compels men to turpitude , and the very alms-men there not being ad incitas redacti . and against some of our english papists , being allowed to be dignitaries as to faith of testimony , whom i have before described , i shall never except . but for any english papist who is a believer of the tenets of the iesuits , and some other casuists to expect to be believ'd against any that honors not their society , ( which none that upholds humane society and would not have mankind trick'd out of the light and law of nature can do ) is to render a man irreverent to himself and his maker , and to shew his want of a curator by the prodigallity of his faith , especially when he shall call to mind how del rio the famous iesuit affirm'd that the dominicans ought not to be allowed as witnesses against the iesuites , a charge that guymenius p. , & . in vain contends to evade . but this their dernier resort ( as i call'd it ) of their use and application of their erroneous or rather diabolical doctrine of calumny , must certainly be fatal to them ; according to that proverb in the gospel about the last error , & erit novissinus error pejor priore . the high priests and pharisees came to pilate saying , sir , we remember that that deceiver said while he was yet alive , after three dayes i will rise again ; command therefore that the sepulchre be made sure till the third day , lest his disciples come by night and steal him away and say to the people he is risen from the dead : so the last error shall be worse than the first : and they judged right enough of the last error confounding more than the first , as it is the force of the last motion from a precipice that breaks a man in pieces ; and this effect of the last error was presently exemplify'd in themselves ; for they having caus'd the holy sepulchre to be very strongly guarded , and the door of it to be barricado'd with a very great stone , and that stone to be seal'd , and the lord of glory after all this over-powring the grave and guards , they had a consult and gave the guards money to spread that shamme in the world , that his disciples did steal him away while the guards slept , and saith st. mathew , this is reported among the iews to this day . and lo , as christ did rise for our iustification , so did this subornation used by those impostors justify the truth of his resurrection , which else could not so well have confronted the worlds incredulity : for if after his resurrection his disciples believed not mary magdalen , ioanna , and the mother of iames , who told them that he had appear'd to them , and if the two disciples that told the rest that he had appear'd to them going to emmaus were not believ'd by them , and if when he appear'd in the midst of ten of them at once and shew'd them his hands and his side , they believ'd not for joy , and if when he appear'd to the women and bade them tell the disciples and st. peter , that according to his promise they should see him in galilee , and if the eleven disciples went into galilee to a mountain which he had appointed them , and yet when they saw him there they worship'd but some doubted , and if christ almost in his last words upbraided them with their unbelief , because they believ'd not them who had seen him after he was risen , the pagan and iewish world would not have been brought to easily as they were to the belief of his resurrection , the great hinge on which the christian religion turns , and without which the preaching of the cross would not so much have seem'd foolishness as been madness . thus did that last jewish error prove most fatal to judaisme , and as heaven was extracted by the divine power out of the hellish act of murdring the holy iesus , so was the propagation of the truth of his resurrection out of the calumny , subornation and bribery used to suppress it , those artifices being so odious in the eye of the law of all nations , that they make any that uses them to gain infamy and loose his cause , and to make sure of the hatred ofone very considerable enemy , namely mankind ; and justly , for against that great body is every one that professeth calumny an aggressor , and has proclaim'd war. and granting that nature is constant to it self , and that conslusions of the working of the passions in humane nature in future times may be made from the pass'd , our quintadecimani ( thô their order seems in many political principles to be close compacted like the scales of leviathan , ) by the publishing of the tenets before mentioned and constant practice of them have brought themselves into the shallows , and they are like whales on ground gazed on by the critical world , and there labouring under the fatality of their own weight . it has been observed by that deep enquirer into nature , monsieur descartes , that le bon sens est chose du monde , mieux partagè &c. nothing is more equally distributed by nature among meu than vnderstanding and reason , for every man thinks he has enough : and of this opinion was mr. hobbes in that chapter in his leviathan , of the natural condition of mankind , where he saith , that as to the faculties of the mind there is a greater equality among men then that of strength : for prudence , saith he , is but experience which equal time bestowes on all men in those things they equally apply themselves to . that which perhaps makes such equality incredible , is but a vain conceit of ones own wisdom , which all mortal men think they have in a greater degree than the vulgar , that is then all men but themselves and a few others whom by fame or for concurring , with themselves they approve : for such is the nature of men , that howsoever they may acknowledg many others to be more witty or more eloquent or more learned , yet they will hardly believe many so wise as themselves : for they see their own witt at hand , and other mens at distance . but this proves rather that men are in that point equal than unequal : for there is not ordinarily a greater sign of the equal distribution of any thing , then that every man is content with his share . admitting this great observation of those two great masters of witt and philosophy to be true , one would suppose that nature did not in vain implant in men such a general notion of their equality in wisdome , nor without an intent of promoting the good of humane society thereby . the god of nature hath not only not given us any members of our bodies , but not the very hair of our eye-browes , nor even the hairs of our eye-lids in vain ; for our eye-lids are fortify'd with those little stiff bristles as with palisado's against the assaults of flyes and such like bold animalcula : and i may say , that that general notion doth defend the eyes of mens minds from being too easily imposed on by particular notions and shammes occurring to us from any . and as to that notion so universally planted in mens souls by nature , one may well imagine that what a gardiner plants in every bed of his garden , is no weed ; and perhaps one great end of nature in the general implantation of this principle in men may be the shewing them the folly and danger of their attempts , who think to engross that great staple commodity of the intellectual world call'd wisdome , and to force others to buy that commodity of which they think they have enough of their own by them , and especially when they see that others would force a trade on them by counterfeit wares , and have been already branded for so doing . the truth is , every man's life who pretends to a greater share of wisdome than his neighbour , is in the better state of security by this notion before-mentioned ; for if a man thought others by their wisdom could render his ineffectual for his preservation , he would fear and hate them for their ability to hurt him : and as toads thô not known to do any hurt are kill'd some times for the imagin'd pretious stones in their heads , such might be the fate of men for the value of their brains , and which depretiate the worth of others . i conclude therefore that any order or society must take what followes from being thought nusances and enemies to mankind , and prepare for a political death or dissolution , who think themselves able by artifices to devest men of the property they have in their understandings , and to out-wit their wisdome , and who both hang out to the world a new light , and proclaim a new law of nature contrary to the old , ( notwithstanding the out-cry of nations that nolumus legem naturae mutari , ) and who calumniate all that allow not the doctrine of calumny , and invent crimes to cut off the heads that will not ly at their feet , thô yet they can invent no crimes ( even regicide not excepted ) but what the invention of their theology has made lawful , and think that an hypothesis may renitente mundo call it self religion or politics , which if it were universally receiv'd , would not leave the world one minute out of a state of warr , for it ipso facto dissolves all pactions , and cancels all allegiance , and nulls all hopes of protection ; insomuch that in a gaming-house that agreed on cheating , the play could not be worth the candles at a days end , and each of the cheaters must be reduced to cheat by himself ; and thus too any one that makes fraud venial , cannot be sure that any participants with him in sedition will keep their word ; and he must rebel by himself too against an irritated world , that was never made only for any to play in and with , and which must needs with inconceiveable regret see those men who make all accusations and testimony in nature uncertain , instrumental in the inflicting of the punishment of certain death thereupon , and see a religion that is dying a natural death , make any religious men dy by a violent , and observe that its inventors do in a positive and dictatorian way propound principles that such sturdy propounders cannot themselves believe , till like geta , a citizen of rome , who having long as a disguise wore a patch over one of his eyes , he lost the use of it for ever , they have by habituating their understandings long to dissimulation , lost the use of their faculty of discerning . and this is the case between mankind and the iesuits , neither better nor worse , and is like to be the fate of these , and especially considering that their principles have both weight and numbers to contest with , i mean the weight of arguments , and the numbers of their own and our religion . there is no resisting the power of nature where those two things meet . we see by frequent observation in our own land , that the very breath of the people like that of a canon bullet proves destructive , aud what then will not the breath of incensed mankind do ? they have numbers to contest with that their principles have infected with calumny , who think it scarce a venial sin to pay any man in the false coyn that was received from him , and who will be making it as lawful as they can , not to play upon the square with false gamesters : and as the strong are naturally apt to repel force by force , so are the weak , to repel fraud by fraud , and will be tempted to make an ill use of the lex talionis , and to account the pursuing of them with wild defamatory reports to be but following them in their own wild-goose-chace . iarrigius in his book printed together with that call'd the iesuits on the scaffold , saith , while there was any thing of the league left in france , all the slight the iesuits had to weaken the authority and elude the unavoidable accusations of the pasquiers , the servines , the arnauds of that time was to persuade the credulous people , that those incomparable men were fautors of calvinisme , and thereby imagin'd themselves sufficiently vindicated as to the horrid crimes and execrable parricides wherewith they were charged by those illustrious officers of state in france , if in some wretched answers they accused them of heresie . so stale and senseless has that humour of the iesuites been to call all that opposed them , presbyterians . but any who reads the very learned epistle of the bishop of lincoln to the discourse of the discovery of the gunpowder treason printed in the year . will find that he there cites alphon. de vargas toletanus for saying , that all the vniversities of spain , in a book against the iesuits printed and sent to the king of spain , give this character of them , that they are fraudulenti mendaces , veritatis interversores , infamatores virtutis , impostores pietatis velo operti , lupi in vestimentis ovium , novitatum amici , sanctorum doctorum contemptores , lutheri & calvini partiarii , ac de haeresi suspecti , pacis publicae perturbatores , diabolicae industriae homines , serpentes , ipsique cacodaemones ac ab omnibus cavendi ac fugiendi : fraudulent , lyars , corrupters of truth , defamers of virtue , impostors under a veil of piety , wolfes in sheeps clothing , lovers of novelties , contemners of the holy doctors , partners with calvin and luther , and suspected of heresie , troublers of the public peace , men of diabolical industry , serpents , and very devils , and to be shun'd and avoided , or fled from by all men . thus their hands and heads being against every one , by a tacit paction and confederation of nature almost all mens are so against them . they and other casuists and jesuited papists have complain'd of shammes and calumnies put on them by protestants in england since the plott ; and no doubt if they have not suffer'd in that kind , they may expect it , all protestants having not attain'd to the temper of st. michael the arch-angel to forbear railing accusations , nor to the holiness of st. bartholomew , who 't is said by continual prayer had his knees as hard as a camels . i have read of an antidote against the poyson of calumny and false testimony beyond what protestants could compass , namely , an indulgence granted by pope innocent the th to every man and woman that bears upon him or her the length of christs nails wherewith he was fastned to the cross , ( the iust length of which was nine inches ) and worships them daily with five pater-nosters , and five aves and a creed , that he or she shall have granted them , these great gifts : the first is that he shall never dye a sudden , nor evil death : the second is that he shall never be slain with the sword or weapon : the third is , his enemies shall never overcome him : the fourth is poyson , nor false witness shall never grieve him . by my consent every protestant and papist shall in this pestilential time of shammes carry this antidote about him ; but whether this be a shamme-indulgence or no , and put upon the pope , and invented by some non-papists ; i know not . my author for it is mr. iohn gee , master of arts of exeter colledge in oxford , in his book to call'd new shreds of the old share , p. . printed at london in the year . in any such wretched contention between the faex romuli and any of the protestants here who should become most impure by calumny , as the protestants being much more numerous than the papists would be able to out-shamme them , and to make the more plain detections of the shammes contriv'd by their adversaries , it would likewise go the harder with any sect , that the majority of numbers would thus run down with shammes in this nation at this conjuncture of time , when the many swarms of those who offer at wit , and think they merit the being call'd witts , by doing the exercise in a coffey-house , call'd baldring , that is , with a serious grave face , telling idle feign'd stories farced with particular circumstances to ensnare the belief of the credulous , which kind of ungenerous triumphing over weak understandings by ridiculous shammes , is a false sort of wit and humour below not only the gravity of the english nation , but the levity of the french , and used by none but fools who stand for the place of being knaves . there is no doubt but the talent of these foolish shammers as their interest and dependances or humors incline them to wish well either to popery or protestancy extending to abuse the belief of the unthinking vulgar with little romantic stories concerning those religions , helps to convey them into the press which gives wings to these shams presently to fly round the kingdome . if the papists think the press hath not in any of the pamphlets it dayly spits , charged them with calumny , and of such a nature as to bring universal odium on them by alarming the kingdom almost as much as it could be by forrain invasion , and occasionally laying a tax on men to buy what arms for their defence the law allowes , i will ask them what they think of one of our printed intelligences that came out on the th of february / , wherein 't is said , last fryday came a letter from stafford , directed to one bacchus tenant to the lord stafford from one wilson in cheshire , but ordered to be left with one finny of stafford to be sent to the said bacchus : but finny observing letters so directed to pass through his hands , and apprehending they might relate to some dangerous correspondence , took the liberty to open this , and therein to his great surprize found directions to bacchus for burning of stafford and several great towns : upon which making a speedy discovery to a magistrate , bacchus was sent for , who after some evasions did confess he had received letters to that purpose . and just now the said wilson is apprehended and committed , and confesseth he was by the order of a certain lord , to fire stafford , drayton , shrewsbury , nantwich , chester , congerton , new-castle under-line , and two more , and that he was to have l. for fireing those nine towns. i having never heard of any proclamation or proceedings either of the magistracy or lievtenancy of this kingdom after such an alarm of public hostility and of a rebellion hatch'd in the kingdom , nor of the last punishment inflicted on the pretended certain lord that was the general of those incendiaries , did look on them under the notion of an army in disguise . but whatever ground the protestant religion hath got or shall get by these poor means , i desire that it may go to the next occupant ; for not only the ayr it exhales is pestilential , but it includes that ayr in it which may produce earthquakes , which dangers therefore the new popish or jesuited religion must be exposed to by the ayr of shams and calumnies . my lord , i shall here entertain your lordship with somewhat very remarkable out of the book of father parsons of the succession , whereby you will see that instead of allowing the oportet esse haereses , he doth in effect tell us , that while the kingdom has two religions in it , oportet esse calumnias : that great jesuite having with much agility danced on the high rope as to the casuistical part of the question of the succession , affects to do it too in the politics , but miss'd his center of gravity in his motion both as a divine and a states-man , and did shamefully fall in either capacity , as your lordship will find by the reading of his words . he saith , p. . being near the conclusion of the first part of his book , and thus much now for matter of conscience . but if we consider reason of state also and worldly policy , it cannot be but great folly and oversight for a man of whatsoever religion he be , to promote to a kingdom in which himself must live one of a contrary religion to himself : for let the bargains and agreements be what they will , and fair promises and vain hopes never so great , yet seeing the prince once made and settled , must needs proceed according to the principles of his own religion , it follows also , that he must come quickly to break with the other party , tho he loved him never so well ( which yet perhaps is very hard if not impossible for two of different religions to love sincerely ) but if it were so , yet many jealousies , suspicions , accusations , calumniations , and other aversions must needs light upon the party that is of different religion from the state and prince under whom he lives , as not only he cannot be capable of such preferments , honours , charges , government and the like , which men may deserve and desire in their commonwealth , but also he shall be in continual danger , and subject to a thousand molestations and injuries , which are incident to the condition and state of him that is not current with the same course of his prince and realm in matters of religion ; and so before he be aware , he becomes to be accounted an enemy or backward man : which in mind he must either dissemble deeply , and against his own conscience make shew to favour and set forward that which in his heart he doth detest , which is the greatest calamity and misery of all other , tho yet many times not sufficient to deliver him from suspicion ; or else to avoid this everlasting perdition , he must break with all the temporal commodities of this life , which his country and realm might yield him ; and this is the ordinary end of all such men , how soft and sweet soever the beginning be . this iesuite ( who was before mention'd to have been call'd one of the greatest men that his order has produced ) was here ( it seems ) a states-man in his heart , and no more : and has very honestly foretold all protestants that shall live under a prince of another religion , how dishonest roman catholics will prove to them . the jesuite was here an almanac-maker , who predicted nothing to protestants but lightning and thunder , and too the continual raining of snares upon them during such a conjuncture , and the causing each of them to be with the darts of calumny and obloquy forever stuck round like the figure of the man in the almanac : but how foolish father parsons was to write this when the protestants had the ball at their foot , and when he could not be sure that the papists would ever arrive at the state , to have it alwayes at theirs , let any one judge . he had before used that rhetorical expression , that so the ship be well and happily guided , i esteem it not much important of what race or nation the pilot be , but he was extremely impolitic , by so early and public an alarm to notify it to many who thought that embarqued in the civil government of a prince of any religion , they might be safely transported from this world to the next , that popish masters of the ship have determin'd before-hand to throw all heterodox passengers overboard , and their own oaths and engagements to them likewise . but what ever person takes a promissory oath with an intent of not keeping it , may well be concluded as actually guilty of perjury in the court of heaven , as he who knowingly takes a false assertory oath . they have both equally presumed to try by solemn lying to weather the fear of divine omniscience and omnipotence ▪ and both their assertory and promissory oaths are of equal weight in the ballance of humane judgment . and because i think the argument will hold from the falsity of their oaths promissory in this their dernier resort aforesaid , to the obtaining the worlds sentence against the truth of their oaths assertory , i shall entertain your lordship with an instance of one of the church of rome , of whom it may be said , that a greater than father parsons is here , to vindicate the making of oaths promissory with an intent of breaking them , and 't is pope clement the th , of whom danaeus saith in his chronology of popes , that he was 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , the ' o politician , as i may say , of whom d'ossat in his third book , letter , viz. to villeroy in the year , speaking there how he had discover'd the popes inclinations , that the king of france should break with england , and that he told his holiness that the king 's making a particular profession to keep his word would not suffer him to break that alliance that had been so lately renew'd and sworn , saith , that the pope thereupon reply'd , that that oath was made to a heretic , and that his majesty had made another oath to god and the pope : and further mentions what the pope had told him at other times and in the precedent audience , that kings and soverain princes did permit to themselves all things that turn'd to their profit , and that none blamed them for it or took it ill from them , and alledged to that purpose a saying of francisco maria duke of urbin , who was wont to say , that if a plain gentleman broke his word he would be dishonour'd by it ; but that soveraign princes for reason of state without any great blame might make treaties and break them , and mentir , trahir , & toutes telles autres choses , i. e. ly , and betray , and do all things of that nature : whereupon saith d'ossat , i had but too much to reply to that , but i did not think it my duty there to stay my self in a place so slippery . but toward the close of the letter he adds , by what is abovesaid you see tho the pope has no disrespect for the king of france , nor any love for the king of spain , yet the hatred that he has for heretics , transports him so far , that he lets fall from his mouth ( tho under the name of another ) some pernicious maximes unworthy of an honest man , and that the pope accounts all ways good for his majesty to break with his allyes , because they are not catholics , altho those ways are infamous . i am so far a concurrer with that pope , as to think that according to the law of nature and nations , the oath and promise to the first of any prince's allies is most obligatory ; and therefore the pope doth very honestly notify his opinion , that harry the th intended not to keep any promissory oath contrary to that made to god and himself . but the pope mistakes the factum of that great prince's oaths ; and 't is for the honour of the roman catholic religion , that it has left to posterity so great an instance of a protestant prince turn'd a papist , and continuing kind to the persons of protestants . but they owed no thanks to the pope or iesuites for his making or keeping promises and alliances with protestants . the bohemian history tells us how ferdinand about the year , before he was possest of that crown , did by oath bind himself , that matthew being alive he would not meddle with any of the affairs of bohemia , much less with religion : but immediately after his coronation , he going into moravia to receive homage , the iesuites erected at olumacium a triumphal arch , and painted on it among the arms of austria , the lion of bohemia tyed to it with a chain , and the eagle of moravia with a sleeping hare lying with open eyes , and this emblem writ under it , i have practiced . but the year following , a new erected academy of iesuites spoke out in print , that tho ferdinand at his coronation took an oath to the heretics , yet first he left it in the vestry of the church , that he would not suffer heretics to prejudice the rights of holy church . but i believe i may without offending any candid papists , say of that pope , that when he discours'd as that letter mentions ; the glory of his infallibility shined not out of his mouth , as porphry said that plotinus his soul did when he spake . the story is trite concerning a popes excommunicating a bishop of his church , for owning that there were antipodes ; but there is a sort of greater excommunication that any jesuited papists are to expect that are the antipodes to ingenuous mankind , and who make assertory or promissory lying to be venial , or lawful , and that is thus to be excluded from the communio fidelium ( tho without the ceremony of lighting torches and extinguishing them ) , namely , by gentlemens forbearing to keep them company , and esteeming them worse than publicans or heathens , and accounting it neither safe nor honorable to correspond with the enemies of mankind ; and this is the sentence , namely that of a kind of civil excommunication or seclusion from ingenuous mens conversation that they are likely to obtain in england after all their charge and pains in their dernier resort , and the having seen the birth of their plott confounded , and the after-birth of it , namely its shams thrown away . since no injury wounds so much as a contempt , and since they by trampling on our understandings with more pride than ever bajazet walk'd over the dead heads of christians , affect to try to bring us implicitly to believe their shammes , they are to thank themselves for our not giving decent burial to any of their undecent plotts , and for the exasperating any protestants by despising them , and endeavouring to impose on their understandings as some did on a raw young country gentleman , whom one day treating at a puppet-shew , they persuaded that the puppets were living creatures , and after he had found out his gross ridiculous misconceit therein , they on the following day attending him to the theatre , engaged him to believe that the actors were puppets : i mean , their endeavoring to make us believe that sham-plots were real ones , and that a real one was shamme . i shall never wonder at the encrease of the passion of anger incident to humane nature even in great and generous souls , on the occasion of gross calumnies invented against them about a matter of weight , when i consider the example of the great royal prophet , a person of a great understanding , and of so great courage , that he was not afraid of ten thousands of men who set themselves against him round about , and tho an host should encamp ogainst him , his heart would not fear , and a man that had in his nature and temper the gentleness of a lamb mixt with the stoutness of a lyon , and one to whom the divine promise had ensured a kingdom ; and yet was he by the sycophancies and little shammes rais'd against him by saul's great courtiers , wrought to so high a pitch of anger , that he did with exquisite forms of imprecation , and such as perhaps are not to be found in any other story , frequently devote those calumniators to the most dire miseries his fancy could lead him to express . but the cause of his being so highly provoked by those that would turn his glory into shame , and did seek after leasing , and whose deceitful tongues used all-devouring words , as he saith to doeg the edomite in one of his psalms , ( and whose tongue he there sayes did devise mischiefs , like a sharp razor working deceitfully ) may be ascribed to the shammes of his enemies wounding him in the most sensible part , namely the reputation of his loyalty to his prince , whose life he spared when 't was in his power to destroy him , and who was so far from the use of shammes against him , that he doom'd the amalekite to dy , that shamm'd himself the author of saul's death . and therefore no marvel if the calumnies of jesuited papists attaquing protestants in that case too of their fidelity to their king , render the passion of anger in them against those shams so intense and vehement . and tho the english courage or a very little philosophy would help them to bestow only a generous neglect on other calumnies , they can never forget those that strike at the heart of their allegiance , and consequently of their religion that so strictly enjoyns it . nor if according to the example of that great man after gods heart , who said , away from me all ye that work vanity , and who would have no lyer tarry in his sight , is it to be admired if every true english protestant shall say too , odi ecclesiam malignantium , and shall feclude all dictators of calumny from his company , and banish them home to their own . and tho the abuse of excommunication by the papal church and presbyterian hath been so horrid , that the primitive use of it is in a manner lost and grown obsolete , yet will that which includes somewhat of the nature of it be still kept alive in the world by private persons who practice the christian religion they profess , ( and to whom tho the precepts of the new testament have not given that hateful thing to humane nature in charge , namely to be informers , or promoters , or judicial accusers of any of mankind , accordingly as under the mosaic oeconomy 't was said , tu non eris criminator , yet have they obliged them to withdraw themselves from men of corrupt minds , and destitute of the truth , and not to eat with any one who is call'd a brother and is a railer , and to turn away from men that are truce-breakers , and to mark those who cause divisions , and to avoid them , and to reject a heretic who is subverted and self-condemned , ) and by men of cultivated educations and tempers , who value themselves on the company they keep , and on it are valued by the world , and will therefore abandon or excommunicate from their conversation such monsters of men , who have renounced the obligations of humane society , and who are guilty of notorious contumacy in matters that concern the very salvation of souls , and the safety of kingdoms . the being staked down therefore to a narrower tedder in conversation , or being civilly excommunicated from protestants company , must by necessity of nature , in my opinion , be the fate of our jesuited make-bates and criminators of protestants that have been so unweary'd in raising jealousies between the king and his people , and between protestant and protestant ; and all such that go to part whom god and nature and interest have joyn'd , will probably come at last to be the derelicts of humane society when they shall come to be understood , and especially when there shall be that good understanding between protestants here of several persuasions that may be expected to arise from their having found out the authors of their divisions , and seen how ridiculous protestants have been in the view of the world while they have appear'd like the cat to draw one another through the pool , and the jesuits and their pensioners stood behind undiscern'd , and pull'd the rope . my lord , i know we may justly fear that popery may during some turbid intervals gain ground in england , and as the renowned historian of our reformation hath in a public sermon judiciously observed , that sure none believed themselves when they say we are not in danger of popery , and none can think it but they who desire it . but without presuming to make my self one of heavens privy councellors , and without pretending to a spirit of prophecy , i shall on the basis of the course of nature ground this affirmation , that whatever alterations time can cause , yet while the english nation remains entire and defended from forraign conquest , the protestant religion can never be exterminated out of this kingdom , nor the public profession of it suffer any long interruption therein . i will grant it possible that hereafter under a prince of the popish religion , popery may like the vibration of a pendulum among certain persons have the greater extent in the return of it , as becket's image was by gardiner set up in london 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , with much pomp in queen mary's time , after its being pull'd down in harry the eighth's , and himself unsainted , and some people may undertake devout pilgrimages hereafter to some such images and reliques as my lord herbert saith were in harry the eighth's time exploded , and we may again hear of our lady's girdle shewn in eleven several places , and her milk in eight , the bell of st. guthlac , and the felt of st. thomas of lancaster both remedies for the head-ake ; the pen-knife and books of st. thomas of canterbury , and a piece of his shirt much reverenc'd by great belly'd women ; the coals that roasted st. laurence ; two or three heads of st. ursula , malchus his ear , and the paring of st. edmund ' s nails , and likewise the trumperies of the rood of grace at boxly in kent , and in hales in glocestershire , things name● as trumperies in p. , and , by herbert in that history , and as adjudged to be such by h. the th . and no doubt but the number of such would be very great , who having great summs of money given them , would be content to offer small ones in devotion to such images ; and many candidates for preferment , among some that now look big for , and among dissenters that look big against the church of england , would produce certificates of their constant good affection and zeal for the roman catholic church ; and any legate that came to reconcile us to the church of rome , would be thought by many to have brought the holy-ghost in his sumpters , thô we know what the inside of campegius his was made of . it is moreover possible that protestant writers may come not to have that freedom of the press that popish now have , and all the luxury and wantonness and humor of the press in sending forth innumerable pamphlets against popery , in this conjuncture , may perhaps prove but like the jollity of a carnival to usher in a long melancholly lent. i will grant , that 't is possible the writ de haeretico comburendo being now abolished that destroyed so many protestants by retail , certain bloody men may find some invention to destroy them by wholesale , and to something of that nature bishop vshers prophecy referred , of the raging persecution of protestants yet to come and not lasting , and when their enemies will ipsam saevitiam fatigare : and in the violence of such predicted cruelty not being long lasting , that great prelate erred not from the nature of things more then he did when he prophecy'd of an irish rebellion forty years before it hapned , for that usually happens once in so many years through the force and numbers of the irish within that time outgrowing the english , and their allowing themselves the repossession of their estates by that time as a iubile . i will further grant , that the discipline of our church ( of which i think the constitution is the best that the world can shew ) may be crusht , as i said before , and our dissenters then in vain wish that they had the tolerabiles ineptiae ( as your lordship knows who imperiously call'd them ) in the room of the intollerable abominations of the mass ; and 't is possible that divine iustice and power may permit the doctrine as well as discipline of our church to be supprest totally and finally in this realm , and that the prediction of that great man of god whô since his death has been as generally styl'd the iudicious , as lewis the iust was elsewhere so vogued ( i mean mr. hooker ) may impress a deep horror and a too late repentance on us , who in his th book of ecclesiastical polity in the end of the th paragraph p. . of the old edition , speaking of the ill affected to our church , saith , by these or the like suggestions receiv'd with all ioy and with all sedulity practiced in certain parts of the christian world , they have brought to pass that as david doth say of man , so it is in hazard to be verify'd concerning the whole religion and service of god , the time thereof peradventure may fall out to be threescore and ten years , or if strength do serve , unto fourscore : what follows , is likely to be small joy to them whatsoever they shall be that behold it . mr. hooker did first print his th book in the year . ( the first four of his polity being before printed in the year ) and so the period of fourscore years in his prediction was in the year . thô that good man pretended not to be a prophet , yet according to the old saying , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i. e. he is the best prophet who can guess well , both our church of england and the dissenters and papists too have found that mr. hookers prudence had so much divination , and his divination so much prudence , that the small joy with which they have beheld the external face of religion here since . hath shew'd us that he guess'd shrewdly . i have only affirm'd , that humanly speaking , and according to the common course of nature , popery cannot be the overgrown national religion of england , but am not ignorant that the sacred code hath given us instances of omnipotent power punishing even heavens peculiar people by the course of political and ecclesiastical power running out of the common channel of the nature of things , and particularly by a succession of ten evil kings one after another . for thô humane nature is so inconstant , and men generally so apt to reel from one extream to another , that the world growes as weary of the prevalence of vice as of virtue , and after a long age of dissoluteness and luxury , a contrary humour reigns as long in the world again , a humour that then excludes all voluptuaries from public trusts for an age together ; ( and a humour of which i think we now see the tide coming in ) and thus ordinarily scarce any kingdom hath more than two or three good or bad princes successively for any considerable space of time ; yet after the ten tribes had made their defection from the line of the house of david , they were punish't by a succession of ten kings , and not one good one in the whole number , thô some of them were less ill than others ; so that no marvel if the weight of the impiety of so many successive ill princes sunk them into the power of the assyrians : and to this their doom , that passage in the prophecy of hosea refers , which the vulgus of the scriblers against monarchy so miserably detort and wracke ( as i may say ) to their own destruction , namely , i gave thee a king in mine anger , and took him away in my wrath ; for the prophet there had not his eye on saul , or on a particular person , but on the whole succession of kings after their rent from iuda , from ieroboam to the last under whom the catastrophe of their captivity was . such kings were given them by heaven as were proper instruments of divine wrath ; and when they were took away from the stage , 't was that other worse might enter and make their condition more tragical . but secret things belonging to god , i pry not into the book of fate , but confine my sentiments alone to the book of nature . in an excellent sermon of the dean of st. pauls , 't is with great piety and prudence said , we have liv'd in an age that has beheld strange revolutions , astonishing iudgments , and wonderful deliverances . what all the fermentations that are still among us may end in , god alone knowes . i only as a philosopher considering that the properties of humane passions have as necessary effects in minds , as gravity or lightness have in bodies , and that let men intend what male administration they will , things will not be ill administred , do think that the fermentation now in the kingdome will not end but with popery it self here ending . and that i may not seem to stand alone in this my opinion , i shall entertain your lordship with that of an excellent philosopher and divine , the author of the history of the royal society , who there having said , that experimental philosophy will enable us to provide before-hand against any alteration in religious affairs which this age may produce , he goes on thus , if we compare the changes to which religion has been alwayes subject with the present face of things , we may safely conclude , that whatever vicissitude shall happen about it in our time , it will probably be neither to the advantage of implicit faith , nor of enthusiasme , but of reason : the fierceness of violent inspiration is in good measure departed : the remains of it will be soon chaced out of the world , by the remembrance of its terrible footsteps it has every where left behind it . and although the church of rome still preserves its pomp , yet the real authority of that too is apparently decaying . it first got by degrees to the temporal power , by means of its spiritual , but now it upholds some shadow of the spiritual by the strength of the temporal dominion it has obtain'd . this is the present state of christendome : it is impossible to spread the same cloud over the world again . the vniversal disposition of this age is bent upon a rational religion . and therefore i renew my affectionate request , that the church of england would provide to have the chief share in its first adventure , that it would persist as it has begun to encourage experiments which will be to our church as the brittish oake is to our empire , an ornament and defence to the soil wherein 't is planted . this author therefore with such vigour of reason passing his sentence concerning any vicissitudes here not happening that will probably conduce to the advantage of popery or enthusiasme , i hope your lordship will acquit me both of singularity and enthusiasme as to the opinion i have given , especially since i only profess it to be founded on natural reason , and do only consider the god of nature , when i think that a religion that is of god will stand . 't is not unknown to your lordship , that columbus being in chace of the new world , and cast among some barbarous ilanders that deny'd him the hospitality of their port , and freedom of commerce , he knowing that they worshipt the moon , and that it would shortly be eclips'd , thô he was neither prophet nor prophet's son , aw'd them out of their inhumanity , by foretelling that the moons deity would be shortly obscur'd : and when ever i acquaint any roman catholics with my judgment of the nearness of their religion to an eclipse , i intend no more enthusiasme in my prediction , then columbus did in his , and design nothing worse neither by mine then he by his , namely the reconciling them to humanity and a fair entercourse with mankind . 't was in the middle of the worlds long night of barbarisme and ignorance that popery was in its meridian , and for hundreds of years all the learning that busy'd the world referr'd to iudicial astrology , rabinical resveries , school-divinity , latine rhimes in praise of the saints , compiling of legends , to monks histories of ecclesiastical affairs , and the times they liv'd in ( but so partial and so full of ridiculous and incredible stories , that we have a better and truer account of the times when alexander and iulius caesar liv'd , then of the times of constantine and charlemain ) to gelding of the fathers writings , and purging away their gold , regulating the hoods , and hose , and shoo 's of monks , to inventing of ceremonies and mystical vestments , and fantastic geniculations , to the making of the popes brutish canon law , and the commenting thereon in barbarous latine by doctors of the decrees and decretals , and to the commenting on aristotle by those that could not read his text , and the commenting likewise on the new testament by such as knew no greek ( insomuch that 't was then a proverbial saying among those illiterate writers , graecum est , non potest legi ) to quiddity , esseity , entity and such titivilitium , and to eus rationis , that did ( as i may say ) destroy the being of reason , to the improvement of one sort of mechanics , viz. by making images in churches with little engines and librations turn the eyes and move the lips like the forementioned rood of grace at boxley in kent ( and which was by bishop fisher exposed as a cheat at st. pauls cross at the time of its being there broke in pieces ) while their great real design was to make the layety but the churches automata , as brute animals may not improperly be said to be god almighties , to the composing paschal epistles about the time of the celebration of easter , a controver●y ( as our great mr. hales saith ) that caused as great a combustion as ever was in the church , and in which fantastical hurry all the world were schisma●ics , and about which monk austin was so quarrelsome with the britains , when the difference was not in doctrine but in almanac calculations , and about which a●ter the infallibility of the general councel of nice had given a rule in the cause , the world was yet so much in the dark , that the bishops of rome from year to year were fain to address to the church of alexandrias's mathematicians for directions as to the week easter was to be kept in . and during this long night , millions of mankind were brought into the world only to sleep out their span of time , and to have day-dreams of knowledge , or rather a profound docta ignorantia ; and men were by dignities rewarded proportionably for their sleeping longest : according to what the chronicon frideswidae mentions of guimundus a chaplain to our king henry the first , who in the celebration of holy offices reading before the king that place of st. iames , non pluet super terram annos iii , & menses vi , thus ridiculously distinguished the notes in his reading , non pluet super terram , annos , unum , unum , unum , & menses quinque un●m , and the king asking him afterward , why he red so , he answered quia vos in ita tantum legentes beneficia & episcopatus confertis . no marvel then if during that long gross and palpable darkness of the world , the pope travesty'd those words in scripture about gods making the two great lights , to serve his turn against the emperor , thô yet the attempt to prove the popes supremacy out of the first chapter of genesis , is as extravagant as his who would prove the circulation of the blood out of the first chapter of litleton . and as the roman breviary tell 's us of s. thomas very gravely , that when once he was vehement in prayer before a crucifix at naples , he heard this voice bene de me scripsisti thoma , none likewise in that age laught at the pope for saying bene de me scripsisti moses . the world then brought no quo warranto against the popes charter derived thus in his canon law from moses , nor that gloss on it which says since the earth is seven times bigger then the moon , and the sun eight times bigger then the earth , the papal power must consequently be fifty seven times bigger then the regal dignity . our english world will no more allow of the logical consequence of that doughty argument of bellarmine ( lib. . de pont. ca. . sect . denique , & sect . sed . ) there is one king among bees , therefore there ought to be one commander , chief teacher and visible monarch in the vniversal church , then they would allow that argument of the bees to give our neighbour monarch a right to an vniversal temporal monarchy . the popes vociferating of that text behold two swords , and while their adherents held so many thousands in their hands , might then pass muster for as good an argument of his right to spiritual and civil power , as the words , that the lillies spin not , did for the salic law with the help of another army then one of commentators . the renewall of the popes charter by pasce oves , was not then disallowed either for the fleecing of many millions of christians or killing some hundreds of thousands in the german empire , according to what has been observed by the famous erastus in his theses , p. . & propter excommunicatos imperatores & reges , aliquot centena millia hominum trucidata sunt in imperio germanico . and perhaps the popes plea for making the world a great slaughter-house , might then be admitted by the authority of the text , arise peter , kill and eat . conculcabis super aspidem & basilicum then went for a claim of divine right , to make the head of the world to be trampled on by the foot of a bald-pated fryar . but if the papacy , the light that was in the world then was darkness ( as the scripture expression is , ) how great was that darkness ! and as the popes continued art was then to conceal nature , so 't was not then held tanti for art in others to be curious in following nature , when an opinion was imbibed that the pope could change the very nature of things , according to that saying , i have been shewn in the canon law , glo . in c. proposuit . de conc. praeb . c. . de trans● . ep . papa mutare potest rerum substantialia & de iustitia injustitiam facere , mutando & iura corrigendo , adeóque quadrata aequare rotundis et rotundis quadrata . and for my part , i should not have repined at the popes assuming to himself the honour of the light that rules by day , if he could have illuminated the world with the demonstration of the quadrature of the circle , which that gloss pretends to ; a great knowable thing , as aristotle said , tho not known , and which secret all the penetrating mathematicians from archimedes down to mr. hobbs , have wooed with very great passion and could not enjoy . but during the egyptian plague of darkness that many ages then lay under , our famous countreyman wicliff alarm'd the lethargic world : and he assail'd several gross errors of popery with its own weapons of metaphysics and school divinity , and by means of the noise his two hundred volumes made in the world , he dispers'd a great terror in that dark age ; and as one saith , sir iohn old-castle , lord cobham and the lollards being awaken'd out of their first sleep , were desirous to rise before it was day , and before the appointed time was come for the reforming the abuses in the church : and between that time and morning , most men fell asleep again as fast as ever : but yet long before the dawn of the reformation , the doctrine of wicliffe had made such a fermentation in our english world , that in the year of our lord , that great states-man chichley archbishop of canterbury , in a letter to pope martine the fifth , complain'd , that there were then so many here in england infected with the heresies of wicliff and husse , that without force of an army they could not be supprest : whereupon the pope sent two cardinals to the arch-bishop to cause a tenth to be gather'd of all spiritual and religious men , and the money to be laid in the chamber apostolic ; and if that were not sufficient , the residue to be made up of chalices , candlestics , and other implements of the church , as the acts and monuments attest . and it is not unknown , that long before , viz. in harry the fifth's time , chichley foreseeing that a storm was coming from the commons on church-lands , diverted it , by engaging england in its darling popular war with france , and caus'd the clergy to contribute very liberally to it . but that fermentation that chichley said could not in the year be checkt in peoples minds otherwise then as aforesaid , soon out-grew the power of any army to allay ; for in less than thirty years afterward , the invention of printing came into the world , by which one man could transmit more notices of things in a day , then another could by writing in a year , and which did as much out-do the publication of notions by the goosquill , as the invention of gun-powder did the killing force of the gray-goose-wing , and which did , as it were , revive the old miracle of the gift of tongues , ( and cloven too i may call them , for their being divided from the sentiments of the papal holy church ) and made learning begin to fly like lightning through the world to the controuling and detecting of the popes excommunicating thunder , and which shew'd the world its true face in the stream of time , and shew'd the greet fisherman of rome dancing in the nett , and which was the true speaking trumpet , whereby a single author could preach to the diocess of the world. and that great birth of fate the taking of constantinople within three years after the invention of printing , occasioning the world's acquiring the knowledge in the west that it lost in the east , and dispersing the learned greeks , theodore gaza , iohn lascaris , manuel chrysaloras , and many others to teach the greek tongue where they went , the press was thereby furnished , with glad tidings for the curious world , and erasmus , and many learned papists , did soon imbibe the knowledge of that learned language , and he complained in a letter to the archbishop of mentz , that the friars would fain have made it heresy to speak greek . so pleasant was it then to consider that that barbarous generation instead of knowing heresy to be greek , voted greek to be heresy , and that they who had murdered so many thousands for being heretics , knew not what the very word in its original language imported . the sagacity of erasmus could not then but easily see through the cobwebs of the school-divines : totam theologiam a capite usque ad calcem retexuerunt , & ex divina sophisticam fecerunt aut aristotelicam , saith he in vitâ hier. praefixâ ipsius operibus . and doctor colet the dean of st. paules , ( whom erasmus often in his epistles calls praeceptorem unicum & optimum ) did as erasmus saith in his life , account the scotists dull fellows and any thing rather then ingenious , and yet he had a worse opinion of aquinas then of scotus . and tho luther had angred harry the th . by speaking contemptibly of thomas aquinas whom that king so highly magnifyed that he was call'd rex thomisticus , collet was not afraid to pronounce in that case as luther did . and here it may not by the way be unworthy of your lordships observation as to the concert that is between the genius of one great witt and another , that erasmus and mr. hobbs had the same sense of school-divinity and school-divines : for mr. hobbs in his behemoth or history of the civil-wars speaking of peter lombard and scotus saith , that any ingenious reader not knowing what was the designe of school-divinity ( which he had before siad was with unintelligible distinctions to blind men's eyes while it encroach'd on the rights of kings ) would judge them to have been two the most egregious blockheads in the world , so obscure and sensless are their writings . the new testament was no sooner open'd and read then in erasmus his translation and in the english tongue , but the popes cards were by the clergy that playd his game thrown up as to all claim of more power here by the word of god then every other forreign bishop had ; and both our universities sent their judgments about the same to the king , which methinks might make our papists approach a little nearer to us without fear of infection ; for we allow the bishop of rome to have as much power by the word of god as any other bishop ; and 't is pitty but that judgment of our universities were shewn the world in print , and sent to the french king , and particularly the rescript or iudgment of the university of oxford as not being any where in print ( that i know of ) but in an old book of dr. iames's against popery . cromwel the vicegerent to h. the th . had ( as fuller saith in his church-history ) got the whole new-testament of erasmus his translation by heart : but the sore eyes of many of the clergy were so offended with the glaring-light the new-testament in print brought every where , that instead of studying it as that great primier ministre did , they only study'd to suppress it : and thus buchanan in his scotch history saith that in h. the ths time , ●antaque erat caecitas ut sacerdotum plerique novitatis nomine offensi , eum librum a martino luthero nuper fuisse scriptum affirmarent ac vetus testamentum reposcerent ▪ i. e. they look'd on the new-testament as writ by martin luther , and call'd for the old testament again . and the truth is , if luther had then set himself to have invented and writ a model of doctrines against iustification by works , and redeeming our vexation from wrath divine by summs of mony , and against implicit faith and many gross papal errors , he could not possibly have writ against them in terminis terminantibus more expresly then the writers of the new-testament did . but the new testament was then newly opened , and the legatees permitted to read the whole will over translated into a language they understood , after they had been long by fraud and force kept out of their legacies by the bishops court of rome , whose artifice had formerly in effect suppressed that will : and that inestimable legacy of liberty from all impositions humane being particularly shewn to mankind , there was no taking their eyes off from this will , nor taking it out of their hands , nor suppressing the study of the greek language it was originally writ in . king harry the th . had received his legacy thereby , who before was but a royal slave to the pope ; and the triumph of an 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 was eccho'd round his kingdom , like that of archimedes , when he had detected the imposture that had mingled so much dross in the sicilian crown . 't is true he retained the profession of several papal errors , and such as he being vers'd in school-divinity knew would still keep themselves in play in the world with a videtur quod sic , & probatur quod non , accordingly as the learned dr. iones has observ'd in his book call'd the heart and its right sovereign , that image-worship , invocation of saints , transubstantiation , purgatory are and will be learnedly and voluminously defended on each side to the world's end . harry the th therefore did in his contest with the papacy ferire faciem , and did fight neither against small and great but the king of rome , as i may say . he attaqued the pope in his claim of authority over all christians , the authority that bell●rmin calls caput fidei , the head of the catholic faith. ' t is therefore very well said in a book call'd considerations touching the true way to suppress popery in england , printed for mr. broome in the year ; whatever notions we have of popery in other things , the pope himself is not so fond of them , but that to gain the point of authority , he can either connive , or abate , or part with them wholy : though no doubt he never doth it but insidiously , as well knowing that whatever consession he makes for the establishing his authority , he may afterward revoke , &c. and so the author saith , p. . that harry the th for having cast of his obedience to rome was therefore judged a heretic , and that was look't on by rome as worse than if he had rejected all its errors together . he was a thorough papist in all points but only that of obedience , in comparison of which all the rest are but talk . i account therefore in harry the ths time poperies most sensible and vital part , viz. the popes supremacy did end in england per simplicem desinentiam . the radical heat and moisture it long before had was gone : like a senex depontanus it was held useless in a wise senate . he establish't the doctrine of his own supremacy without a battel fought , nor did any rebellion rise thereupon but what he confounded with a general pardon . many of the scholars of the university of oxford did mutinously oppose the introducing the knowledge of the greek tongue there , and were thereupon call'd trojans , and others of the schollars were as rohust and loud for that language , who were therefore called graecians : but by a letter w●it by sir thomas more to that university and by the kings command ( which letter is extant in the archives of the public library there ) the schollars being admonished to lay by those names of distinction , and likewise all animosity against the greek tongue , and to encourage the learning of the same , it was there at last peaceably receiv'd . the day-break of learning then in the world had put a period to the night of ignorance in which the beasts of prey had domineer'd , and to their monastic denns themselves . the enlighten'd part of mankind was weary of growing pale among papers and sometimes red hot with arguing about terms of art ( and all those barbarous too , that had formerly hid the god of nature ) and would no longer account implicit faith the only justifying one , and could not more esteem the imposing of such a blind faith commendable that was made previous to mens quest after pabulum for their souls , then that practice of the boy of athens who did put out the eyes of birds , and then expose them to fly abroad for food . the learning then introduced into the world shew'd that the hierarchical grandeur of the roman church was not extant formerly in the learned times when the old roman empire flourish'd , but was contrived in the times of ignorance between the bishops of rome and the leaders or princes of the barbarians , and that it had its beginning from the inundations of the northern people ( so that with mr. colemans leave by the way , popery may be call'd too a pestilent northern heresy ) and that to the end that those barbarians might not find out the original of the papal power , and see how narrow the stream of it was at its fountain when every bishop was call'd papa ( as every woman is now with us call'd madam and lady ) that the pope by affronting the emperors power effected a strangeness between the greeks and latines , by means whereof the barbarians being brought up in prejudice against the graecians neglected their language , to the decay whereof in the world not only the decay of the purity of the latine tongue may be imputed , but also of history , geography , geometry , skill in antiquity , and even the worlds not knowingly then conversing with the latine fathers . it was in an age of non-sense when a canonist venturing to be a critic told the world concerning the greek word allegoria , istud vocabulum fit ex duobus vocabulis ; ab allo , quod est alienum , & goro sensus ; and when an old schoolman thomas de argentina , thus gave the derivation of latria , istud vocabulum fit ex duobus vocabulis , à la , quod est laus , & tria , quod est trinitas : quia latria , est laus trinitatis . but the very understanding of two ordinary greek words , namely 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , equal priviledges in ecclesiastical matters to the bishops of rome and constantinople allow'd by a general councel , that were obvious to every enquirer into history , did quite blow up all pretences of the popes supremacy ; and one versicle in that long unknown greek book 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 viz. luke . . which shews , that the teaching of repentance and remission of sins in the name of christ by his own order began at ierusalem , did surprize thinking men with amazement , when they heard a pope and general councel calling rome the mother and mistress of all the churches , and anathematising all who think otherwise , and saying further extra hanc fidem nemo potest esse salvus , for this the trent councel did . thus then the abolition of the papal power here brought the world at the first step out of a blind chaos into a paradise of knowledge , and help'd christians to demonstrate to themselves and to jews , and pagans the truth of the christian religion , for the certainty of the doctrine of which during that time of papal darkness the world had only the assertion of the present age that call'd it self the tradition of the church ; but by the introduction of the greek tongue and other learning , christians had the sense of the greek and latine fathers , and those historical records that brought down to them the certainty of the miracles that were wrought in the founding of christianity ; from the primitive christians , who saw them . 't was the restoration of learning in general , help'd them to say with tertullian fidem colimus rationalem , and with st. paul , i know whom i have believed , and without the introducing of humane learning , the protestant religion could no more have been advanced to its height in the world , then men can be perfected in astronomy without the knowledge of arithmetic . luther came into the field arm'd with the knowledg both of the greek and hebrew tongues , when he was to contest with the errors of the papacy ; and he having for his antagonist cardinal cajetan , who was the legate in germany and an eminent school divine , and who made a home thrust at luther out of the scripture according to the vulgar latine translation , luther told him in plain terms , that that translation , was false and dissonant to the original : and hereupon the cardinal , thô he and the papacy too had one foot in the grave , cato ●like fell eagerly on the studying of greek , that he might be able so confute luther and his followers out of the scriptures , and was put to it to make his weapon when he was in the field . and can any one think now that in this present state of england , when we see so many that are critical masters of experimental philosophy , and who by means of the great useful pains formerly taken by erasmus , sir thomas moore and others , in restoring philological learning , have now entire leisure to devote their studies to the substantial knowledge of things , and whose motto is , nullius in verba , and who know , that if they would have every one trust them , they must take nothing on trust from any one ; and who know , that since truth doth always sail in sight of error , they must all the way go sounding by experiment ; i say , can any one think that it was less easie for the sun to go back ten degrees on ahaz his dial , then 't is to make this age run back to implicit faith and ignorance and barbarisme ? and is it to be thought that men who weigh silver in scales , will not weigh gold ; i mean , not examine notions of religion with care , when they are so cautious in others ? can we think that men who will not part with those notions that salve the phaenomena , will quit those that save their souls , and especially considering the proverbial addiction of the english genius to religion , and considering too , that men by long use and custom have been habituated to the profession of a rational religion , and that it can plead here a hundred years prescription ? it is certainly more easie to unteach men the use of the sea-compass in navigation , then the use of reason in religion ; and the inclination of the needle to the north , is not likely to be more durable then the tendency of mens affection in england to the northern heresy so call'd ; and it is more easie to teach all mankind the use of letters , then to unteach it to any one man ; and when the temper of an inquisitive age is like a trade-wind carrying men toward knowledge and toward a rational divinity , they may by some accidents be made to cast anchor , or they may be sunk , but they cannot be forced to go back . when a man hath long been compell'd to creep with chains on him through a toilsome dark labyrinth , and having extricated himself out of it and being come to enjoy his liberty in the light of the sun , the persuasion of words cannot make him go back again . my lord , i lately mentioned the motto of the royal society of england , of which your lordship is a member , and i look on the very constitution of that society to be an inexpugnable bulwark against popery : in which society many of our choice english witts have shew'd as much subtilty and curiosity in the architecture of real science , and such as tends to the edification of the world , as any of our countrey men heretofore did in those curious but useless cobwebs of holy church call'd school divinity . and the constitution of that society hath not only been useful in encreasing the trade of knowledge among its members by a joyned stock , but moreover hath tended to the raising in the kingdom a general inclination to pursue real science , and to contemn all science falsly so call'd : and the raising of this inclination i will call a spirit that can never be conjur'd down , nor can the knowledge that depends on number , weight and local motion , be ever exterminated by sophisms or canting , or terms of art ; nor will they who have from this society learned to weigh ayre , give up their souls to any religion that is all ayre without weighing it , or ( notwithstanding any hard name that may come to be in vogue ) ever forget that bread is bread . his majesty by the founding of this great conservatory of knowledge presently after his restoration ( wherein his great minister then the earl of clarendon , was an honourable member ) did convey real knowledge and a demonstration of his being an abhorrer of arbitrary power , to all that can understand reason , and affect not the ridiculous treasonableness of bradshaw's court , to say , that they will not hear reason ; for had he like the eastern king 's affected arbitrary power , he would have used their artifice of endeavouring to cast mists before the understanding faculties of his subjects , and to detain them from knowledge by admiration , and to deprive them of sight , like horses that are still to drudge in the mill of government by blind obedience ; but to shew that he abhorr'd both such obedience and implicit faith , and that he intended to establish his throne as well in the heads as in the hearts of his subjects , he presently setled this great store-house of knowledge , that shew'd it was his desire and ambition by the general communication of knowledge in his dominions , to command subjects whose heads were with the rays of science crown'd within . and therefore i think his majesties munificence to the royal society in giving them chelsey-colledge at their first institution , was very consistent with the primary intention of the erecting that colledge , which was to be a magazine for polemical-divinity wherewith to attaque the writers for popery : for the very planting of a general disposition to believe nothing contrary to reason , is the cutting of the gra●s under poperies feet ; and his majesty providing for the growth of reason did apparently check the growth of popery , as well as of arbitrary power , without the prop of which , popery can never run up to any height more then the sun-flower without a supporter : and the setling in men an humour of inquisition into the truth and nature of things is , as i partly said before , an everlasting barricade against the popes darling court of the inquisition . that great and noble notion of the circulation of the blood , took its first rise from the hints of a common persons enquiring what became of all the blood that iss●●d out of the heart , seeing that the heart beats above three thousand times an hour , thô but one drop should be pump'd out at every stroke : and if any one shall tell me that he believes that popery with its retinue of implicit faith and ignorance can over-run us , i will ask him what will then become of all that knowledge the vital blood of the soul , that hath issued from the heads of inquisitive protestants , and been circulating in the world for above a hundred and fifty years , and i doubt not but it will be in mens souls as long as blood shall have its circular course in their bodies ; and maugre all the calumnies cast on the divines of the church of england for being fautors of popery , i shall expect that our learned colledge of physicians will as soon be brought to disbelieve the circulation of the blood , of our royal society to take down the kings standard that they have set up against implicit faith , as our learned convocation the learnedest that ever england had , be brought to believe the principles of popery . i know , my lord , ' t●s obvious against this my hypothesis , of the unpracticableness of popery being here the state-religion , to say that in little more then twenty years time four great changes in religion happen'd in england , and that the generality of the people then like dead fishes went with the stream of the times : but i ask , if the generality of the people had been throughly enlighten'd in the rationality of the protestant principles twenty years together , would they have return'd to the belief of the popish ? will they now do it after the establishment of a rational religion for above a hundred years together ? can popery now find the way into most mens brains here presently after the whole nation almost were preachers , and when all our great and little unruly disagreeing sects yet agreed in this as a fundamental , that the bishop of rome is the antichrist ? if printing had been free in turky for a hundred years , and a libera philosophia and theologia had been there in fashion for a hundred years , and every man had been allow'd his judgment of discretion so long about the sense of the alchoran , or of the holy scripture , and of all books of religion , could ignorance even there come into play again ? or if the turkes had drank wine for a hundred years together , could any one conjure the glasses out of their hands by telling them there was a devil in every grape ? if that law in muscovy that makes it death for any subject to travel out of that kingdom without the emperors licence , lest his subjects having seen the freedome of other countreys , should never again return to the arbitrary power in their own again ; i say , if that law had been repeal'd for a hundred years , and multitudes of oppress'd mankind had thence found the way to breath in the ayre of liberty like men , could they be persuaded to return to the yokes of beasts again ? when a floating island has been a hundred years fixt to the continent , can any teach it to swim again ? consulitur de religione , is likely to be the eternal business of england , and in case of a prohibition to any mans little court of conscience in that cause , he will certainly give himself a consultation . the very humour of the english nation long hath and still doth run against what they think but like popery , or makes for it , and that with such a rapid current of antipathy , as is never likely to be stem'd : and nothing is more out of fashion then a kind of sir-positive , or dictatorian humour in common discourse ; much less then will a dogmatical popes infallibility ever be digested here , while he makes himself a st. positive . the gentile humour of the age here that abhorrs hard words as loathsom pedantry , will never be reconcil'd to one certain long hard word in popery ; namely transubstantiation ; nor to another namely incineration , or burning men for not understanding the former word ( according to the style of the historian , imperator aegrè tulit incinerationem johannis husse ) and people will account their protestant bibles more agreeable to them then the english one published by the colledge of doway , where the translator studied for hard words in the room of plain ones , as for the passeover , phase , for foreskin , praepuce , for unleaven'd bread , azyms , for high places , excelses , and other such words we have in the english rhemish testament , viz. exinanite , parasceue , didragmes , neophyt , spiritualness of wickedness in the celestials . in our busy english world while men are most yary after profit and pleasure and the study of things , if very few or none can be brought to learn the universal real character , and which would tend to the propagating real knowledge among the nations of the world ( according●y as the excellent propounder of it in print with great modesty saith in his epistle dedicatory , that he had slender expectation if its coming into common use ) our ingeniosi or witts ( which all men pretend to be now , as they did in the late times to be saints , tho yet as few are witts now , as were saints then ) will not care for troubling their brains with the studying of the religion whose pretended universality appears but a kind of universal character , and not real , and tending to obscure the knowledge of things in the world. if they should see here a religion that was full of pageantry , and seem'd to be wholly theatrical , they would think it was as much their birthright to censure it , as 't is to be eternal talking critics in the pit to damn playes , and would think two supremes in a kingdome to be of the low nature of two kings of branford , and rather then part with their money and stake down their souls for seing such a moral representation of an absolute spiritual and absolute temporal power on the stage of the kingdom , they would be too apt with mr. hobs to thrust the whole nation of spiritual beings out of the world ; i mean rather then they would be to their faces cheated and harras'd by a spiritual power : and our people inspir'd with witt as well as those with the zealous spirit of religion would cry out , conclusum est contra manichaeos ; i , and against the schoolmen too , i mean our romanist manichaei who make two summa principia in every state. in this age where the lower or sixth rate witts do so over-value themselves on turning every thing into ridicule , the mass would have here a reception according to what the gloss in the canon law observes , that when a place had layen long under an interdict , the people laughed at the priests , when they came to say mass again . nor would any papal interdiction unless it could interdict us from the use of fire and water be of any moment . the world would now laugh at any prize that should be play'd between the two swords , the very glossator on the clementines saying occasionly that resipiscente mundo , the world being grown wiser , there must be no longer striving for both swords . and any one that would obtrude on us gross exploded errors in church or state will appear as ridiculous as st. henry the dane , who as the martyrology mentions , when worms craul'd out of a corrupted vlcer in his knee put them in again . my lord , i will further offer it to your lordships consideration , that if it be found so hard to keep up the external polity of the church of england , thô in it self so rational and so meriting the name of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , after the twenty years discontinuance of it , insomuch that dr. glanvile in the first page of his book call'd the zealous and impartial protestant , hath these words , the first occasion of our further danger that i shall mention , is the present diminution , not to say extinction of reverence to the authority of the church of england , &c. ( and he p. . writes largely to that effect , ) what quarter can popery expect here from an age of sense and reason when it should break in upon both , after the forementioned hundred years discontinuance ? according to the foresaid argument of the bees for the popes spiritual monarchy , we see it improbable for him ever to bring us to a rendevouz in his church again ; for the sad experience we have had of the sects here that left the hive of the church of england , not gathering together into any one new hive , but dividing into several swarms and hives , and never returning to the old , may shew the hive of holy church how little of our company 't is to expect . having said all this about the mists of popery , being to contend with knowledge in its meridian , i think i shall comply with the measures taken by our philosophers in this critical age , in founding their observations upon experiments , if i further add , that the former experiments england hath had of poperies being pernicious to its external polity and grandeur , will perpetuate and heighten the fermentation in the minds of our angry people against it . all our monkish historians do attest the experience our kings had in being bereav'd of great sums of money , while they enrich'd the pope here by giving him the office to keep the theological thistle , which he rail'd in with so many censures and distinctions , and non obstantes , that our kings could not pass to their palaces but by his leave , and on his terms . an english king then was but the popes primier ministre , and yet paid great wages too for the being a servant to the servus servorum . king iohn used to say , that all his affairs in the world were unprosperous , and went cross and untowardly after he had once subjected himself and his kingdom to the church of rome : his words were , postquam me & mea regna romanae subjec● ecclesiae , nulla mihi prospera , omnia contraria advenerunt . and 't is obvious to consider on the other hand , what a great figure henry the eighth made in the world , after he had manumitted himself and his kingdoms from the papal usurpation : and how he held the balance of the world in his hand , and trod on the basilisc of the papal supremacy , and notify'd it to the nations of the earth that england is an empire , that being the style of the statute of the th of h. . c. . viz. that this realm is an empire , and that the crown thereof is an imperial one : and the words of kings and emperours of this realm , being then attribued in our statutes to the monarchs of england ; and as the great expression in the prophesie of ezekiel c. . v. . is applyed by god to the iewish state , and thou didst prosper into a kingdom , it may be justly said that harry the eighth's defying the popes usurpation , made england prosper into an empire . 't was his doing that made him hors de page , and 't is only the doing it that will make the french king truly so too : for 't is only air that any feed a monarch's fancy with , who would amuse him with an vniversal empire abroad , till he hath obtain'd one first at home ; as no man is to expect to govern his neighbours family , who is control'd in his own . and like a master who imagines himself great , while he is feared by none but some of his own servants , so how little terrour did queen mary's reign give to any parcel of mankind , but a few of her own subjects , of which the number that she burnt and made to languish in prisons , and such as left her kingdom by migration to forreign parts , would easily have kept callais for her , and prevented the ignominy of her politics , in losing the real key of france , while she was finding the imaginary keys of the church ! but 't is a truth not contestable , that queen mary's reign ( in which her persecution of her subjects was so barbarous , and such a scandal to government , that dr. heylin himself applyes to it in the title page of his history of queen mary that passage in paterculus , hujus temporis fortunam , ne deflere quidem quispiam satis digne potuit , nemo verbis exprimere potest ) served only as a foile to the lustre of queen elizabeth , whom all generations since have called blessed ; and who was not more lov'd by the english , then she was feared by the french , and was offered calice if she would but have connived at the continuing of the french forces in scotland , and who sent to the great henry the fourth a mandamus to build no more ships , and had more money offered her by her subjects then she would accept ; and yet ( as is said in towsend's historical collections ) had spent a million of money in her wars with spain , and laid out l. to support the king of france against the leaguers , and l. in defence of the low countries , and discharged a debt of four millions she found the crown indebted in . nay , our historians tell us , that she payed the very pensions that were in arrear in her father's , and sister's time to divers of the religious persons ejected out of abbeys . it was queen elizabeth who by all her alliances , and especially her offensive and defensive one with the states of the vnited provinces in the year . laid such a deep and sure foundation for a vast trade of the english nation to be built on , that it 's overbalance is said to have brought to be coined in the tower of london , from the first of october , in the st year of her reign , to march st , ( being years ) , , l. s. d , and from march st , to march st , ( being years ) , , l. s. d , and from march , before may ( being years ) , , l. s. d ; england alone by verture of that her alliance , having till the peace of munster , enjoyed almost the whole manufacture , and best part of the trade of europe : and it was but just for heaven to punish in england the greatest villany that could be wrought on earth , i mean the murder of the best of kings , by suffering the trade of england to have its fatal decay in that year . for then , i count , our over-balance of trade for the last mentioned nineteen years had its period , and 't was by the effect of that peace that both holland and france , and spain cantonized the power of our trade , and the most soveraign of our manufactures . till that black year 't was to be ascribed to the result of queen elizabeth's politics , and not to the conduct of the long parliament , that england did , as to trade , both do its business and play , and as to its commanding the trade of the world , did sail with a trade-wind ; and during that wind , it could not happen that any should meet us , or overtake us in our motion , whatever mean pilots were at the helm . it was for the completing the last ternary of the coinage , that i mentioned , the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , or nineteen years , ending in . for i believe that both astrea and trade left our land in that fatal crisis of , of which the m●nth of ianuary produced the signing of that peace at munster , and the horrid arraignment , and martyrdom of that matchless prince . 't is therefore not to be admired , that queen elizabeth's provident ensuring such a plenty of traffick and riches to her kingdom , both for her own and future time , she had what praemium of taxes from her parliaments she pleased , accordingly as king iames tells the parliament anno , that queen elizabeth had one year with another above l. in subsidies ; and in all my time i have had but four subsidies , and six fifteenths ; and he said his parliament had not given him any thing for eight or nine years . england did thrive apparently while it was to queen elizabeth , a puteus inexhaustus : but while it was such an one to the pope , was in a miserable and consumptive state , as any one must necessarily conclude , who considers that the nutritive juyce of the wealth of the kingdom was diverted from cherishing its own head to pamper the bellies of forreigners . deplorable then was the condition of the english crown , when ( as we are told by the antiquitates britan. f. . ) in the reign of hen. d. repertus est annuus reditus papae talis quem ne regius quidem attigit : and when according to matthew paris f. , in the reign of that king , anno , it was complained of , that there remained not so much treasure in the kingdom , as was in three years extorted from it by the pope . but what is more strange , we are told in cotton's collections p. of the times of edward the third , that the taxes paid to the pope for ecclesiastical dignities did amount to five times as much as the people paid the king per annum . one would wonder that so martial a prince , the scene of whose reign lay almost in continual war , should be so careless of the sinews of it , as to permit so much of the wealth of the kingdom to be mis-applyed , and that too while all manner of experiments of taxes were tryed on his subjects , who payed him toward his charge of the war with france wool and grain , as not having mony enough to supply him wholly therewith : and when , as it is said in cotton's collections , a long bill was brought in by the commons against the usurpation of the pope as being the cause of all the plagues , murrains , famine and poverty of the realm , so as thereby was not left the third person , or commodities within the realm as lately were , and the commons did desire that it might be enacted , that no mony might be carried forth of the realm by letters of lombardy , or otherwise on pain of forfeiture and imprisonment . but the pope knew , it seems , there was mony to be had out of england , though the commons grudged it him , and that a complaint of the commons of the decay of trade was no proof of it , but rather in his case an indication of the contrary , for that 't is proverbial with rich men when they have no mind to part with their mony , to say , they have none ; and it appears out of a balance of trade on record in the exchequer , that in the th year of edward the third , the sum of the over-plus of the exports above the imports amounted to l. s. d. this however shews sufficiently the indignation of a popish house of commons at the pope and his lombard-street bankers , who convey'd his mony for him hence by bills of exchange ; and if our late parliaments have not thought fit to comply with the demands for satisfaction of protestant bankers there , much less will future ones favour any of the popes lombards . that the pope formerly had as much mony here from the publick as the king , we may well believe possible , since 't is generally held that wolsey's revenue equalled harry the eighth's . matthew paris tells us , anno , misit papa pater noster sanctus quendam exactorem in angliam petrum rubeum , qui excogitata muscipulatione infinitam pecuniam a miseris anglis edoctus erat emungere . i. e. our holy father the pope sent an exactor peter rubeus into england , who with a kind of mouse-trap trick ●●ped the poor english of infinite sums of money . and the expression of wiping the english of infinite sums of mony was in fashion among all eminent later writers of ours against the papal usurpation : and 't is particularly used by parker in his antiq. britan. where he saith , praeterea indulgentiarum , dispensationum , similiumque fraudum immensâ copi● infinitis pecuniis anglos emunxerunt . nothing less then infinity of treasure out of one island could supply the great exacter of rome , who it seems resembled him that cicero brands by saying , infinitum genus invenerat ad innumerabilem pecuniam corripiendam . but there is now no catching a nation in mouse-traps . as the pope has never thought it worth his while to send emissaries to denmark and sweden , and some other northern countreys , to spunge mony out of them , which he knows that great spendor called war that so generally infests them , makes them have none to spare for the popes use ( and curia romana non vult ovem sine lana ) so will the future vast charge too likely to be for ever incumbent on england , and other parts of the world , in providing and maintaining capital ships , effectually provide against the profusion of any on the projector of religion at rome , and against romes being to us as matthew paris called it of old , barathrum proventuum . and any who considers that his majesty hath not without difficulty obtain'd supplies of mony from late parliaments , and that they have been all appropriated to certain publick uses , may well give the pope city-security , that he shall have no mony from england ; and no man i think now supposeth that any thing that time can cause , can make the pope get much mony out of the exchequer of england , but one who ( as charo● says ) was born in a bottle , and never saw the world but out of a little hole . but if according to the calculations that have been by some made , the currant coin of the nation doth not now exceed six millions ; and the publick revenue in times of peace has amounted to somewhat near one third of that , and if the pope should be allow'd here to have a spiritual income equal to the king 's , and the restored abbots and monks , and the other clergy be allow'd another third , ( for so the accounts of their proportion were totted by some critical calculators ) the whole laity would be nichil'd , as the exchequer word is . king edward the first , as the antiq. britan. mention , sent some of his courtiers to treat with the clergy about the quota of their supplying him , viz , misit ex aula suâ nuntios qui suo nomine agerent cum clero , quoniam eorum & tranquillitas major & fructus atque reditus annui tunc essent longe uberiores quam populi , ut ad regem in his bellicis angustiis adjuvandum se ostenderent promptiores . and it appears out of cotton's collections , that in the fourth year of richard the second , the clergy confess'd they had a third part of the revenue of the kingdom , and therefore then consented to pay a third part of the taxes . but in those ancient times of popery ▪ beside the clergies share in the ballance of land , it might be justly added to the inventory of their wealth , that they generally engrossed the highest and chiefest offices in the kingdom , and that from the office of lord high chancellor , to that of the very clerks in chancery . and other clerks places ( whence to this day the officiating registers of courts are called clerici or clerks ) whereby they caught in a manner the whole kingdom in a purse-net . 't is therefore no wonder that the great affluence of the riches of the clergy drew to them that popular esteem , that ( as the antiquaries observe ) the english word sir was affixed to the christian names of clergy-men , from king iohn's time down to the reign of queen elizabeth , and which was also express'd in latine by the word dominus , as for example , in the witnessing of a deed , testibus domino willielmo de massy , persona de bowden , matheo hale , &c. and of the people calling their parish priests by the name of sir william massy , and the like , as in ordinary communication we call knights , we have the instance of the first christian on whom here for his religion incineration was practised , viz. sir william sautre , parish priest of the church of st. scythe &c. in london in henry the fourths time : for so he is styled in the acts and monuments . bishop sanderson who in his profession of divinity was greater then any praise , was likewise so accurate an observer of the weight of what he affirmed in the pulpit , though it was not of a point of theology , that every thing he there said has a title to be regarded : and he in his sermons in fol. ad populum , on cor. . . pag. , and , speaking of the monks , saith , it is well known in this our land , how both church and common-wealth groan'd under the burden of these heavy lubbers : the common-wealth , while they becam● lords of very little less ( by their computation who have travelled in the search ) ●hen one half of the temporalties of the kingdom : and the church while they engrossed into their hands the fruits of the best benefices of the realm , allowing scarce so much as the chaff to those who tread out the corn. this profession is god be thanked long since suppressed : there is nothing of them now remains but the rubbish of their nests , and the stink of their memories , unless it be the sting of their devilish sacriledge , in ●●bbing the church by damnable impropriations . he had before said they were 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , and slow-bellies , stall-fed monks and friars , who liv'd mew'd up in their cells , like boors in a frank , pining themselves into lord , and beating down their bodies till their girdles crackt . but though it hath been truly observ'd , that the not providing for the augmentations of the poorer livings in england , was a scandal to our reformation , in that it made so many scandalous livings , and consequently so many such ministers , and it has been in one of queen elizabeth's parliaments , notify'd by dr. iames ( as townsend's collections mention ) that of eight thousand and odd parish-churches then in england , but six hundred did afford a competent living for a minister : and it has been publickly aver'd by archbishop whitgift , that there were four thousand five hundred benefices which are not worth above ten pound a year in the king's books ; yet the dispersing of so much of the church revenue among the laity hath had this effect , namely , to engage the possessors of so great a proportion of the land of england to be champions against popery ; and one other good effect within my own observation it produced in the late times , when tithes themselves were thought delinquent , namely , that the impropriate tithes saved the others : and the not augmenting the poorer sort of livings ( the which mostly were in cities and corporations in the countrey ) hath not however prov'd any augmentation to the interest of popery : for though the reliques , and images , and shrines of saints there , that brought a concourse of offerers and offerings thither enrich'd those places , and the churches , and had the effect of staple ecclesiastical commodities , and harry the eighth's abolishing them , reduced the value of the livings there almost to nothing , they grew by occasion thereof afterward to be receptacles for heterodox divines , who seiz'd on the livings there in a manner derelict , and finding the genius of trading people averse from ceremonies did represent the few and innocent , and indeed decent ones of the church of england as odious to them , and therefore were sure of pleasing their auditors by constant declaiming against those of popery , that were so many , and cumbersome , and had caused so much blood-shed , and were known to be ceremonies both mortuae & mortiferae . and as doleman alias parsons observed in his time , that the strength of the puritans lay in those corporate towns and cities , there will the hatred of the principles of the papists ▪ probably for ever encrease . i have for this purpose found it truly observed in a discourse in octavo , concerning liberty of conscience , printed for nath. brooks at the angel in cornhil : that the puritan preachers by their disesteem of ceremonies and external pomp in the worship of god , were the more endeared to corporations , and the greater part of persons engaged in trade and traffic , who hate ceremonies in general , and what does unnecessarily take up time : and that persons who nauseate ceremonies in civil things , will loath them likewise in religious , as a man who has an antipathy against muscadine in his parlor , cannot love it at the sacrament . and that if we reflect on those who did most love ceremonies heretofore in our nation , we shall find them to have been persons of the greatest rank and quality ( who did effect ceremonies in civil things ) or of the poorest sort , who did get their daily bread by the charity of the other . so natural is it for men to paint god in colors suitable to their own fancies , that i do not wonder at trading persons who hate ceremonies , that they thus think god in respect of this hatred altogether such as themselves . that discourse had before set forth , that 't is natural to men , who live by trade and whose being rich or beggars depends much on the honesty of their servants , to be enamo●●●● on that preaching that is most passionate and loud against what looks like luxury , and is apt to occasion unnecessary expences to them : and therefore no humane art will ever reconcile them to one casuistical tenet that is so so branded in the pope's said decree of the second of march , viz. servants of either sex may secretly steal from their masters , for the value of their service , if it is greater than the salary which they receive . the mystery of iesuitism , letter , pag. , cites for this tenet father bauny's summary p. , and of the sixth edition , viz. may servants who are not content with their wages advance them of themselves , by filching and purloining as much from their masters as they imagine necessary to make their wages proportionable to their services ? on some occasions they may , as when they are so poor when they come into service , that they are obliged to accept any proffer that 's made to them , and that other servants of their quality get more elsewhere . at the rate of this moral theology no tradesman knows what mony he has either in his pocket , or compter , or what cash in his closet , nor indeed any king what treasure he has in his exchequer . but notwithstanding the aversion of many persons of high birth and breeding , and who are lovers of pomp and ceremony in matters civil , and likewise in religious , from the contrary humour of trading men , yet is there one thing that hath and always will ( in spight of all differences in religion ) occasion an entercourse of civility between the former class of mankind here , and the latter , and 't is , that necessity of nature that makes the borrower a servant to the lender , namely , that the expensive former classe taking up mony at interest from the more frugal latter , obligeth them to give the lenders the respect of fair quarter : and thus according to that bull in tacitus , that in some parts of scotland the sun shines all night long , there will still during the contrariety of their tenets , and humours , and which are as opposite as light and darkness , occasionally arise a clear understanding between them . and of the redundance of money , the puritans party had in the late times , and of their designed employing it for the greatning the interest of their party , the establishment of feoffees by them for purchasing impropriations , is a great instance : of their great progress wherein we have an account in pryn's compleat history of the tryal of arch-bishop laud , where he saith , and had they not been interrupted in this good work , they would probably in very few years have purchased in most of the great towns and noted parishes impropriate in england in lay-mens lands : and which had they effected , they might have settled such a bank of land on the fond whereof to have brought into their possession the greatest part perhaps of the mony currant in england , and that party without any but silver weapons , have acquired such an arbitrage of the interests of all others in england , as to have usurped harry the eighth's motto of cui adhaereo praeest . but though the livings in these great corporate towns are so small , and the value they had by oblations be evaporated every where but in the king's books , ( where it remains still to enhance their payment of first fruits and tenths ) the heterodox divines there find harvests of oblations rich enough , and so will the divines of the church of england , if ever a storm of popish persecution shall drive them there for shelter to be pastors of the monied men ; and if the worst comes to the worst , they will there find some ●at gathered churches better then lean bishopricks , ( as perhaps some heterodox pastors do now there experiment them ) and the ambient heat of state-favour that call'd out some of the inward one of religion , being abated , they will probably grow more exemplary in austere vertue , and thereby attract so much reverence from their flocks as to become confessors , as well as preachers to them , for so the non-conformist divines there now in a manner are ; and as confession under popery proved the only guaranty to the priests for their being paid their personal tithes , and as then people at their deaths expiated their omissions in the payment of their tithes , by valuable legacies , thus too will it probably happen to the ministers of christ's new testament , and often , to be executors , or at least legatees in christians wills ; the very dust of whose feet is thought beautiful by all men , generally when their return to their own dust is approaching . and the persecution design'd them will but reduce their state in the eye of the world , to look and be like that of the primitive christians , who made the apostles their bankers , and the depositaries of their wealth ; and whose successors likewise in the administration of the gospel during the following ages of persecution had good livelihoods , on the fond of oblations . and as for tithes we hear nothing of them for many ages in the primitive church . in the codex canonum ecclesiae universae published by iustellus ( the most authentick book in the world next the bible , and which contains the canons received by the universal church till the year ) there is not one word of tithes . the clergy were then liberally maintained by the free oblations of the people , which were called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 : and there was no such proverb heard of in the world abroad as la●ci semper sunt infensi clericis , till there was another unlucky one , ecclesia peperit divitias &c. and till the goths and vandals being proselyted to christianity ▪ exprest the natural zeal of new converts by vastly endowing the clergy 〈◊〉 lands , who had ( as i may say ) setled heaven upon them , and who●e gre●● proportion in the balance of land necessarily made them a●terward one of the three estates in the christian world. and most worthy of christian princes care it was to endeavour to secure the profession of christianity in future times as well as their own , by providing that the clergy should not be of the meanest of the people , nor depend on benevolence ; which in the prosperous condition of christianity might perhaps grow cold , as under popery the charity of oblations had done , but for the a●tifices before mentioned of saints , shrines , &c. and reliques , and the fear of purgatory . of the oblations of the people here in england decreasing toward the pastors of independent churches , when independency became the darling religion of the state , we had an indication in the late times , when some of the most eminent of them obtain'd the possession of great livings and their tithes , and others of them retreated from their churches to headships of colledges . nor has there been any failure of the return of the old exuberance of oblations from such churches to such divines , who have again returned to them when they were dislodged from those preferments . i find not that the piety of our ancestors had established any revenue to the church from tithes in england , till about the end of the eighth or middle of the ninth century ; nor was the division of england into parishes before the time of honorius archbishop of canterbury , in the year , till which time there could not be parochial tithes . about that time as 't was said that the measure of donations to the church was immensitas , so was the modus of their artifices to preserve them sine modo , it being incident to humane nature , to be restless in the acquiring of riches , for without the perpetual acquiring of more , no man is sure to preserve the quota of what he hath . 't was thence that sacriledge of the monks arose , that tore the bread out of the mouths of the parish priests by the name of appropriations , which shewed the president to wolseys alienation of religious houses , that was the president to harry the eighth's . and it may well be supposed that the design of the monks in robbing the parochial incumbents by appropriations , was to propagate ignorance among the laity thereby , and to leave the age as dark as they found it , or rather to be able generally to let in or keep out what quantity of light they pleased . yet had those appropriations been made in an age of knowledge , they would then have met with that nick-name of impropriations , that was born many years afterward : and it would then have appeared improper to all that the monks should muzzle the mouth of the ox that did tread out the corn ; and that old natural zeal for religion , so anciently radicated in english minds , that popes have formerly complained they were addrest to with more questions about religion from england than from all the world beside , would have inclined the respective parishioners according to their abilities to contribute a liberal maintenance to their parish priests ; and even in st. paul's words , to have plucked out their own eyes , and have given them , but that they saw that devotion that brought the fore-mentioned concourse of spectators , and offerers to the images and shrines , and to the altars there made the vicars at least competently to live by the altar . and if that classe of heterodox pastors in corporations who as to skill in theology and the encyclopaedy of arts and sciences , requisite to crown a divine , are generally but images in comparison of the excellent divines of the church of england , have been how ever so much adored there , and had such offerings from their adorers , the substantial and learned divines of our church there , may on occasion well say , quid non speremus ? during that late persecution of the divines of the church of england in the times of the usurped powers , who therein exercised all the cruelty they durst , it might be truly said of the doctrine of that church , and the fire of the zeal of the laity in providing for the liberal maintenance of many of its clergy , as it is of lime in the emblem — mediis accendor in undis . what burning and shining lights then in the midst of a perverse generation were among others of the church of england in london , bishop gunning , bishop wild , bishop mossom ? nor did their numerous congregations in the least , for want of plentiful oblations to them , starve the cause of religion . the last forementioned person at the funeral of bishop wild , in a printed panegyric of his life , takes occasion to speak of the oblations in those times afforded him , and saith , p. . and whereas some good obadiahs did then hide and feed the lord's prophets , it was his care to communicate to others what himself received for his own support . many ministers sequestred , many widows afflicted , many royalists imprisoned and almost famished , can testifie the diffusive bounty of his hand , dispensing to others in reliefs of charity , what himself received of others in offerings of devotion . and as if that iron age had been the golden one of the church of england , he doth so pathetically represent the internal glories of that church in that conjuncture , that any one who would draw an historical painting of the state of the primitive church to the exactness and bigness of the life , might best do it by the church of england sitting in that posture he describes . these are his words , p. , and here i cannot but recount with joy amidst all this funeral sorrow , what were then the holy ardours of all fervent devotions , in fastings and prayer , and solemn humiliations : ay , in festival and sacramental solemnities . o the lift up praying , and yet sometime down cast weeping eyes of humble penitents ! o the often extended , and yet as often enfolded arms of suppliant votaries ! vpon days of solemnity , o how early and how eager were the peoples devotions , that certainly then , if ever , the kingdom of heaven suffered violence , so many with jacob then wrestling with god in prayer , not letting him go till he gave them a blessing , &c. thus was that great magazine of learning and piety dr. hammond in the late time of the persecution of the church of england , the magazine then likewise of mighty alms , insomuch that serenus cressy saith , in his epistle apologetical printed in the year , p. . dr. hammond in those days inviting me into england , assured me i should be provided of a convenient place to dwell in , and a sufficient subsistence to live comfortably , and withal , that not any one should molest me about my religion and conscience . i had reason to believe that this invitation was an effect of a cordial friendship , and i was also inform'd that he was well enabled to make good his promise , as having the disposal of great charities , and the most zealous promoter of alms-giving that liv'd in england since the change of religion . thus while as noble confessors they forsook houses and land , they according to the evangelical promise , received the effects of houses and lands , and praedial tithes an hundred fold in this life , with the gospel salvo ( as i may call it ) of persecutions : and as in the primitive and best times , when the christian pastors had no tenths but the decumani fluctus , or ten persecutions , and many christians were decimated for martyrdom , that community of goods that was never read of to be practised but in vtopia , and that renunciation of that dear thing called property , ( for the defence whereof political government is supposed to have been chiefly invented ) did so much glorifie the christian morality , to the confounding all examples of the most sublime morals of the heathens , that the pastors had the christians all at their feet , and did tread on oblations at every step they took , so likewise those great divines beforementioned , and many others , found that primitive temper , revived in some of the lay-members of the church of england by their generous offerings and contributions , which adorn'd the gospel , and supported its ministers , and which laity , though cruelly decimated by the usurpers , yet were then rich in good works , ready to distribute , and willing to communicate , and by their forementioned great liberality in oblations , exceeding the rate of tenths , did lay up in store a good foundation against the time to come for the pastors that shall be their successors in persecution , that may secure their expectations of good pastures in our cities , and of having a table prepared for them in the presence of their enemies , come what can come from popery . moreover by such an accident only can the great cities in england be freed from some illiterate pastors of gather'd churches , who without having their quarters beaten up by penal laws , will disappear there , when the excellent try'd veterans of the church of england shall come to garrison them . those little sheep-stealers of others flocks will then no longer attempt there to have common of pasture without number , but will by all be numbred , and found too light . 't will be visible to all that the divines of the church of england can with ease preach in as plain a manner as the other , and that the other can not , with pains , preach as learnedly and rationally as they . we see that many ridiculous lay-preachers , who in the late times did set up a kind of religion-trade in great cities , and did gather churches , and likewise gather there some maintenance , have thence silently took their march on the occasion of the more learned presbyterian divines ejected from their livings , retiring thither , and there having constant auditories , partly resembling the guise of gathered churches : and the disproportion in intellectual talents being generally as great between them and the divines of the church of england , as is that between them and the lay-preachers , they must there prove bankrupt necessarily as the others did . dr. glanvil in his book called , the zealous and impartial protestant , did but right to the episcopal clergy of england , when he ascribes to them the honour of having by their learned writings confuted , exposed , triumph'd over the numerous errours of popery , and there names bishop iewel , bishop morton , bishop andrews , archbishop laud , bishop hall , bishop davenant , archbishop vsher , archbishop bramhal , bishop taylor , bishop cozens , dr. hammond , mr. chillingworth , mr. mead , dean stillingfleet , dean tillotson , dean lloyd , dr. henry more , dr. brevint : and speaking of the episcopal clergy of the city of london , saith , how many learned , substantial , convictive sermons have they preach'd against the popish doctrines and practice since our late fears and dangers ? 't is true , some few others have written something , mr. baxter and mr. pool have laboured worthily : dr. owen hath said somewhat to fiat lux , and there are some sermons of the presbyterians extant , morning lectures against popery : these are the most , and the chief of their performances i ever heard of . the conjuncture of the few and evil days of popery would occasion another good effect , a thing that is always to be wished , but ( considering the general present ferment in mens minds , and pass'd mutual exasperations ) never else to be hoped for , and that is this ▪ the common calamity would cause such an union between protestants of several perswasions in religion , as would put a period to that dreadful state of dissension among them , which has so much horrour in it , that all those subtle miscreants who have been able to cause it here , and make so many of them almost ready with the ferity of the canes sepulchrales to devour one another , can never in words express . nor can my imagination paint out to me any thing of the kind like it in the past course of time , without my recollecting the description of the fears of the doctor of the gentiles , given by himself concerning the state of the church of corinth , to which he applies the words of debates , envyings , wraths , strifes , backbitings , whisperings , swellings , tumults , and without my considering the fermentation in the city of ierusalem when near its fatal destruction . but there will be a finalis concordia among the now implacable protestants , if ever popery should set up to be the state-religion : and then any one who will give advice to a painter to draw the present state of the protestant church of england , may make a good copy from the great original of that prophesie in scripture , the wolf and the lamb shall feed together , &c. they shall not hurt nor destroy in all my holy mountain , &c. and perhaps without going so far for a mountain that may represent to ones fancy that state of english protestants , he may find one in england to do the work , one that several of our historians speak of , telling us that in the year , when by the irruption of the severn sea , the country in somerset shire was overflown almost twenty miles in length , and four miles in breadth ; it was then observ'd that creatures of contrary natures , as dogs and hares , foxes and conies , yea cats and mice getting up to the tops of some hills , dispensed at that time with their antipathies , remaining peaceably together without sign of fear , and without any violence used toward one another . nor do men in great towns supposed qualified only as the children of light , but as the children of this world , and as wise in their generations , and as projecting their own wealth , and the encreasing of their trade , and of the value of their rents , by eminent oblations provide for such divines planting there ; and 't is obvious to every thinking man , that the erecting of free-schools , and encouraging excellent divines to live in any particular town , turns sufficiently to mens account in this world as to the ends aforesaid by attracting inhabitants . for it will be natural to christians there , when they do not barely hear of a christ transubstantiated into a dull wafer , but see one ( as i may say ) transfigured and shining as the sun in the preaching of the gospel , to say lord it is good for us to be here , and for them there to make tabernacles , and provide oblations not for dead but living saints ; and as a living dog is more valuable then a dead lyon , so i be●lieve that in any times of popery here that can come , any one corporation and a holy learned divine of the church of england , will get more by one another , then all towns where shrines and images of dead saints shall be set up , will mutually gain thereby . then will the clergy and people being benefactors to each other be naturally ready to pray for each other , and the former being believed from their hearts to say o lord save thy people , will find both an oral and cordial response from the latter , and bless thy clergy . but while i am thus accompanied by the guide of natural reason , travelling in the region of future time , the time that only is the object of humane sollicitude , and from which anxious minds are too apt to fear that every days birth may be a monster , : i have by considering the former revenue accruing to the church by oblations , took occasion to corroborate my great affirmation , of it s not being naturally possible for popery to exterminate the protestant religion in england , a religion that popery can never take by assault , or making of its professors martyrs , nor yet by siege , in starving its pastors . 't is true , that such a great impost as popery may occasion to protestants by oblations , may in one sense seem to have the nature of a punishment , namely , because 't will not be a burden to which all subjects , or indeed all protestants will be equally liable , and it will chiefly light on the devouter sort of protestants : and in like manner it may be said that the gain that arose from oblations in the times of popery to the parish priests of great towns , was in effect an unequal impost on the popish laity , as being a tax only on the more ignorant and superstitious of them . but any one who has in the least considered matters of state cannot but know that any great inequality of taxes , that lights on the subject as a mischief , doth prove to the prince an inconvenience , to whom the subjects pressure makes him unable to afford that subsidium he otherwise could , and perhaps would cheerfully for the publick safety . thus may the great supposed charge to be incumbent on the more devout protestants by oblations , probably tempt them to use all the means the law will permit , to render the government of a popish prince uneasie to him , and certainly disable them from paying in that proportion toward the public levys upon emergent occasions , they else might do . it may therefore here be affirm'd , that the gain of popes arising from indulgences , which was so vast , that popes would boast that they could never want 〈◊〉 while they could command pen and ink , and which klockius in his book de contributionibus observes , did yield the pope in common years a hundred tuns of gold , i. e. a million of pounds sterling , ( and which being an unequal tax on papists , and not pressing the debauchees of that religion but only falling heavy on the more pious and devout sort , made them the less able to supply the holy see with mony on extraordinary occasions , or to pay their taxes due to the popish princes they lived under , and particularly those due to the pope as a temporal prince ) has since in a manner dyed a natural death , the light of learning having no sooner come into the world , then that poor hermit fryer martin luther scourged the popes buyers and sellers out of the temple , with as much ease almost as our saviour did the iewish . any one who shall consider the burden of oblations , that the devoute● roman catholicks in england lye under , as to their priests ( which we may suppose to be very heavy , according to mr. iohn gees account in his book called the foot out of the snare , p. , where he saith , that the popish pastors ordinarily had a fifth of the estates of the laity allowed them , and that he knew that in a great shire in england , there was not a papist of l. per annum but did at his own charge keep a priest in his house ; some poor neighbours perhaps contributing some small matter toward it ) may well think our laity will bid as high for english prayers , and for wares they understand , and see , and weigh , as the popish laity doth for latine ones , and merchandize they are not allowed to examine ; and he who considers that the priests of that religion , though thus pamper'd with oblations , yet knowing them burthensom to the laity , do feed themselves and them with hopes of the restitution of tithes to holy church , and even of that sort of tithes alien'd from it in the times of popery , may reasonably conclude that our divines whenever forced to fly to the asylum of oblations , will be restless in being both heaven's and earth's remembrancers , of their claim of tithes appropriated to the protestant religion by the laws in being , and that a violent religion , and illegal gospel will be but a temporary barr against the collecting of tithes , from a land only during an earth-quake . i shall here acquaint your lordship with a passage in the late times relating to the clerical revenue in england , worthy not only your knowledge , but posterities , and that is this : a person of great understanding , and of great regard of the truth of the matters of fact he affirmed , and one who made a great figure in the law then , and in the long parliament from the beginning to the end of it , related to me occasionally in discourse , that himself and some few others , after the war was begun between the king and parliament , were employed by the governing party of that parliament to negotiate with some few of the most eminent presbyterian divines ( and such whose counsels ruled the rest of that clergy ) and to assure them that the parliament had resolved , if they should succeed in that war , to settle all the lands , issues and profits belonging to the bishops and other dignitaries upon the ministry in england , as a perpetual and unalienable maintenance , and to tell them that the parliament on that encouragement expected that they should incline the clergy of their perswasion by their preaching , and all ways within the sphere of their calling to promote the parliaments cause ; and that thereupon those divines accordingly undertook to do so : and that after the end of the war , he being minded by some of those divines , of the effect of the parliaments promise by him notified , did shortly after signifie to them the answer of that party , who had employed him in that negotiation to this effect , viz. that the parliament formerly did fully intend to do what he had signified to them as aforesaid , and that the publick debts occasion'd by the war disabled them from setling the bishops lands on the church : but that however he was authorized at that time to 〈◊〉 them , that if it would satisfie them to have the deans and chapters lands so settled , that would be done : and that then those divines , in anger reply'd , they would have setled on the ministry all or none : representing it as sacrilege to divert the revenues of the bishops to secular uses , and that thereupon they missed both , the deans and chapters lands being sold. those divines it seems had a presension that the prosperous condition of their church , would diminish the charity of oblations , and therefore did not impoliticly try to provide for the duration of their model , by dividing both the bishops power and l●nds among their clergy : and no doubt but in the way of a fac simile after this presbyterian copy , the popish priests will in concert with the pope , even under a popish successor as well as now , combine to lessen the king's power , and advance the pope's , on promises from the holy see , that they shall have the church lands restored to them . and i doubt not but a popish successor will support a popish clergy with what maintenance he can , having a reference to the law of the land , and likewise to the law of nature that binds him first to support himself ; and perhaps by keeping vacant bishopricks long so ( a thing that by law he may do ) he may have their temporal ties to bestow on whom he shall please , and perhaps by issuing out new commissions about the valuation of the clerical revenue , a larger share of first-fruits and tenths legally accruing to him , may enable him to gratifie such ecclesiasticks as he shall favour . but as i likewise doubt not that ever any accident of time will leave the disposal of such a great proportion of the church revenue at his arbitrage as the usurpers had at theirs , so neither do i of his affairs ever permitting him to allow so large a share of that revenue to his clergy as the usurpers did to theirs , whom as those powers durst not wholly disoblige ( and therefore unask'd settled on them toward the augmentation of their livings the impropriate tithes belonging to the crown , and to the bishops and deans and chapters , though yet nothing of their terra firma ) so neither durst those presbyterian divines who followed them for the loaves , and who once in a sullen humour resolved not to have half a loaf rather then no bread , reject the impropriate tithes given them , because they saw a new race of divines called independent ready to take from those powers what they would give , and who were prepared by their religion to support the state-government , and some of whom had already acquired church-livings , and others of whom in the great controversie among all those parties ( which was not generalrally so much de fide propagandâ as de pane lucrando ) would with the favour of the times easily have then worsted the presbyterian clergy in the scramble for that thing aforesaid , that though moreau in his learned notes on schola salerni , saith , no book was ever writ of , yet i think few have been writ but for , namely bread. but herein on the whole matter the vsurpers policy was so successful as that ordering the great revenues of the church as they did , and appropriating the bishops and deans and chapters lands to the use of the state , they by the augmentations arising from the fond of the impropriate tithes to their clergy ( and especially to those of them they planted in great towns and cities ) ty'd them to their authority ( as i may say ) by the teeth , and kept them from barking against it , or biting them , which else they would have been likely to have done , being disappointed as to their gratiae expectativae of the lands of the bishops , had they been let loose to have depended on maintenance by oblations in such towns and cities , and where they would have probably tryed with a diversified curse ye meros , to fly in the faces of masters who would not feed them . i have before said how the parliament sweetned them into obedience by the luscious power of oppressing their fellow subjects : but neither by any revenue adequate to those impropriate tithes , nor by any such power of oppressing ( that prerogative of devils , to torment ) can it be imagined that a popish successor will ever be able to ensure the obedience of his clergy to himself . his bishops and dignitaries will be like the popes trent titulars without a title , i mean one to a dignity or benefice , and the burden of the clerical papists maintenance , lying still on the laity , will make popery soon visibly grow weary o● it self . i shall here take occasion to observe that tithes were first called impropriate by the sarcasm of the dislodged monks , who thought that the tithes appropriated ( for that was the antient law-term for them ) were improperly placed on lay-men ; but both the present possessors , and all that know that 't is necessary for england's being a kingdom and no province , that its riches accruing by the number of its inhabitants , and by improvement of its soil , should keep its weight in the balance of christendom , especially considering the growth of france , will for ever think it very improper , that so much of its land and wealth and populousness should be sacrificed to religious idlers , and that according to bishop sanderson's account , almost half of the land should be turn'd into franks for boares , or as i may say , sties for such as are epicuri de grege porci , or such as were call'd barnevelts hoggs , he having called the monkish herd by that name , of whom if any angers one they all rise against him , and if he pleaseth them all , there is nothing to be got but bristles . that herd was not a little molested , as mr. fox tells us , by a private gentleman one mr. simon fish in the year . who writ a little book called the supplication of beggars addrest to the king , and it had the honour to reach his eyes , and to be lodged in his bosom three or four days , and to bring its author to be embraced by the king , and to have long discourse with him , as mr. fox affirms , who prints that book , wherein the author with much laboured curiosity attaques the revenue of the monks with arithmetick , a science necessary for the strengthening of political no less military discipline . he saith there in the beginning that the multitude of lepers and other sick people and poor , was so encreased that all the alms of the realm sufficed not to keep them from dying for hunger : and that this happened from counterfeit holy beggers and vagabonds being so much encreased . these saith he ) are not the herds but wolfes , &c. who have got into their hands more then the third part of your realm . the goodliest lordships and mannors are theirs . beside this he sets forth that they have tithes , oblations , mortuaries , &c. and he therein saith , that there being in england parishes , and ten housholds in every parish , and five hundred and twenty thousand housholds in all , and every of the five orders of fryers receiving a peny a quarter , that is twenty pence in all yearly from every one of these housholds , the total sum was l. — s. — d. sterling . he further sets forth , that the fryars being not the four hundredth person of the realm , had yet half its profits . there were in that little book many things so pungent , and so confirm'd by calculation , that the clergy put no meaner a person then sir thomas more on the answering it in print ; and it occasion'd the bishop of london's publishing an edict to call in that little book , and the english new testament , and many books writ against the excesses of the priests . well therefore might sir thomas more be favour'd with a license to read heretical books , when he was to be at the fatigue of answering them . sir thomas in his answer to it makes a just exception to mr. fish's estimate of the number of parishes in the realm : but admitting there were then ten thousand parishes in england , and about forty houses in one parish with another in the country ( beside what were in great towns and cities ) he might modestly calculate housholds in all . nor is it to be much wondered at , that a private gentleman should err in the excess of the number of the parishes , when we are told in cotton's collections , that in the of e. . the lords and commons in parliament granting the king a subsidy of l. at the rate of s. d. for each parish , they estimated the parishes then near that number ; but were afterward inform'd by the lord chancellour , that by returns made into the chancery on commissions of enquiry , it was found there were not so many parishes in the realm . it had been very acceptable to those who in this age take their political measures of the power and growth of kingdoms from numbers , if either mr. fish or sir thomas more who answered his golden little book ( as i may call it , for his endeavours therein to fix matters relating to the oeconomy of the kingdom by calculation , and for his being a columbus to discover rich mines without going to america , nor yet further then home ) or if any of our monkish historians , or even our polish'd and ingenious ones , and particularly my lord bacon , and my lord herbert had given the world rational estimates of the numbers of the people of england in the times they writ of , or particularly of the numbers of the males then between the years of and , for if they had done that ( as on the publick musters made by occasion of warlike preparations they might perhaps well have performed ) we might now easily by the help we have had from the observator on the bills of mortality conclude , what the entire number of the people then was , and might likewise have better agreed on a stated rule of the period of nations doubling ; a curiosity in knowledge not unworthy the genius of an inquisitive or philosophical states-man , and which presents to his view as in a glass the anatocisme of the faetus populi , resembling the interest upon interest of money ; as for example , when we see that one pound in seventy years ( the age of a man ) is , at per cent . encreased to a thousand . but it is our misfortune , that through the aforesaid omission of our historians , we are not so much illuminated about the encrease of the english nation , as we are about the gradual multiplication of the people of rome so many hundred years ago : and indeed by the help of the writers of other european countries we are taught to know the numbers of all people but our own . but in this state of improvement that the world is arrived at , i do account that all who shall hereafter employ their pens about that greatest exercise of humane wit and judgment , call'd history , and shall not found the weight of their remarques upon the numbers of the people they write of , will no more be termed grave authors , or indeed ought but grave nothings , and such who deal irreverently with a world that is weary of trifles , and from which they are to expect no other doom then that of the annales volusi . and though as to the faetus populi as well as to the faetus pecuniae , called faenus , accidents may happen that may cross the rule of encrease in both cases , as in the latter by bankrupts , and in the former by plague or war , &c. ( and thus once as to the romans , censa sunt civium capita millia , and in the following enrollment but , ex quo numero apparuit , saith the historian , quantum hominum tot praeliorum adversa , fortuna populi romani abstulisset ; as if he would infer that the losses they received from hanibal had swept away citizens ) yet do such exceptions but confirm the rule , the which may be made out by continued mean proportionals . but this by the way . if my lord herbert who mentions pag. of his history , that in the year warrants were issued out , commanding the certificates of the names of all above sixteen years old , had set down the total number of the persons certified , he had much more obliged the world then by many things in his history . i do not remember that any of our historians of those times do relate the numbers of the religious persons that all the suppressed monasteries contain'd . we are told by godwin in his annals , that the number of the abbies that were in england is not easily cast up , and the names of the chiefest , and whose abbots had voices among the peers in parliament , he thereupon enumerates . but weaver in his funeral monuments p. , mentioning that all the religious houses under the yearly value of l. being given to the king , and that they were all worth per annum l. saith , that the religious persons put out of the same were above ten thousand . my lord herbert p. , speaking of that sort of monasteries , being dissolved in the th year of the king's reign , makes thirty , or thirty two thousand pound yearly thereby fall into the king's hand : and p. , makes the total yearly value of all the religious houses suppressed to be l. it may therefore be thence infer'd , that if thirty thousand pound yearly maintain'd religious persons , that there were maintain'd by the l. above religious persons or regulars : and according to the aforesaid rate of the yearly value of the land , viz. l. the allowance to each came to somewhat above l. per annum , the which shews that those lands were not sold to half the value , because less then double that sum cannot be imagined to have maintain'd such a person then . i do account that supposing the parishes to have been then in england and wales , as cambden in his britannia says , , that the secular clergy added to the number of the regular only the last said number : for then the canon law ( which requires , that orders shall not be given to men without titles ) being strictly executed , there were perhaps not more parish priests in england : and the adding to those numbers the dignitaries , viz. two archbishops , and bishops , and deans , and arch-deacons , and prebendarys , and several rural deans , doth enlarge the sum to another thousand of persons who lived by the altar . moreover there being then estimated to live in oxford and cambridge about sixty thousand students , who in expectation of church-preferment , as either regulars or seculars , abstain'd from marriage , i account that the number of persons then ty'd by caelibate from encreasing and multiplying the people to be above , as at present above double that number are in france . what accrued to the secular clergy then , or since by tithes ought not to have been looked on by any one with an evil eye , as i suppose by mr. fish it was not . for as to the nature of the payment of tithes , according to the judgment of sir w. p. in his book of taxes and contributions , p. , it may be said to be no tax or levy in england , whatever it might have been in the first age of its institution . and this notion of his may be extended even to that which is called a tenth , but is revera a fifth ( i mean the tith of arables in regard of the charge of culture and seed , which is ordinarily at least as much as the rent of the land ) because it is a charge equally incumbent on all proprietors of such land , and for that the true notion of wealth and riches depends on comparison , and 't is only the inequality in the proportion of the tax that is the sting thereof . but that which mr. fish chiefly level'd his calculations at , was the excessive share in the wealth of the kingdom the monks and fryars had , who did so little for its preservation , and the encrease of its numbers . what an infinite number of people , saith he , might have been encreased to have peopled the realm , if this sort of folk had been married like other men ! instead of using his rhetorical expression of infinite , i shall affirm that these adult , able persons living in celibate might according to the notion of the observator of the bills of mortality , that every marriage , one with another , produceth four children , viz. two apiece for each sex , have more then doubled their number in the same age : by which any one may well conclude , that as the number of the people of england is now vastly encreased by the dissolution of abbies , so it would likewise be so diminished by their re-establishment . to effect therefore to lessen thus the number of the people of england , when the french king with great wisdom has by the revival of the roman immunity of the ius trium librorum , and the application of others , laid so a great foundation for the growing populousness of france , would too much expose us to his power and derision . the divine wisdom's allotting to the levitical tribe the affluent quota it enjoy'd , is very justly took notice of by those who discourse of the clerical revenue . the author of the present state of england , saith , that our ancestors according to the pattern of god's ancient people the iews , judged it expedient to allot large revenues to the english clergy , and that the english clergy were the best provided for of any clergy in the whole world , except only the nation of the iews , among whom the tribe of levi , being not the fourth part of the twelve tribes ( as appears in the book of numbers ) yet had , as mr. selden confesseth , and that by god's own appointment , three times the annual revenue of the greatest of the twelve tribes . doctor covel in his modest and reasonable examination of some things in use in the church of england , printed anno , saith in chapter the eleventh , that●the levites were not the thirteenth part of the jews , and yet had the tenth : wherein that doctor agreed with the sense of the fathers of the council of trent , who ( as 't is mention'd in the latter end of the history of that council ) said , that in the mosaical law god gave the tenth to the levites , who were the thirteenth part of the people , prohibiting that any more should be given them : but the clergy now which is not the fiftieth part , hath gotten already not a tenth only , but a fourth part . but by exacter calculations , 't is apparent that the levites though a small tribe ( if a tribe , there being twelve beside ) scarce the sixtieth part of the house of iacob , had perhaps a sixth of the whole profits of the land : they had the tenth or tith of the land , together with its culture ; they had in iudaea , a small country , cities , with their suburbs , cubits from the wall on every side , and their first-fruits , and a great part of the manifold sacrifices , and free-will-offerings of the male children of israel , which were to appear thrice yearly before the lord with some offering , and whatsoever house , field , person , beast , &c. was by a singular vow given to god , which was to be valued by the priest himself , and all these duties were brought in to the priest , without charge or trouble : and those cities and lands descended from them to their posterity , from generation to generation , as also did their tithes and offerings . i shall here observe , that that which hath probably induced so many to err in making the number of the levites so great as aforesaid , was their not considering what yet is really true in nature , namely , that the number of people of any nation from a month old and upwards ( for so the levites were counted numb . . . ) is more then double their number from twenty years old and upward , and so the rest of the tribes were numbred exod. . . numb . . . and therefore i infer that the levites were but about a sixtieth of the number of the other tribes . but during the theocracy that the iews sometimes lived under , or while god was their king , it being worthy of the divine empire to design and promote the wealth of its subjects , and consequently that they should encrease and multiply ( for that alone is real wealth ) there was no celibate among the levites , or any degree of ecclesiasticks to hinder the same . having thus in the way of calculation glanced on the ecclesiastical polity of god's peculiar people or subjects , i suppose the rectitude of that rule will shew the obliquity or warping of the practice of the papal clergy : for if we do admit ( as i believe we well may ) that there are seven millions of people in england , of which is a sixtieth part , this old church polity of the popes clergy doth toto caelo differ from that of the israelites , in that they spend double the proportion of the wealth of the kingdom , and yet live in celibate or without multiplying : and as mr , fish in effect said in that his book , do hinder procreation by promiscuous coupling with other mens wives . but 't is a known great truth , that the great business of the monks , and the ratio studiorum of the papal clergy was not to make the kingdom populous , but to depopulate . we have for this the testimony of walter mappe arch-deacon of oxford , who was bred up with henry the second , that the abbots and monks in that time were very criminous in the point of depopulation , whence that proverb arose monachi desertum aut inveniunt aut faciunt , wherever they seated themselves , they either found the place a desart , or made it one . 't is said of them , that they laid more places waste then ever william the conqueror or his son ru●us did , when they demolished and destroyed many parishes to enlarge the bounds of the new forrest . in that fleet of depopulators there was one first-rate one , namely the abbot of osney , who was for his talent of depopulating so remarkable , that 't was observed that he made all paupers that dwelt within the purlieus of his possessions : and of this henry the second took such notice , that one day when he had not poor people enough for his alms on some great festival he said in a fit of anger , that rather then his bounty should be unemployed he would make as many beggars as the abbot of osney had done . one would think that the monks should have been well willers to the encrease of the populousness of the kingdom , for that thereby the values of their lands would have been encreased , a thing no doubt that appeared visible to the reasons of the more sagacious among them : but there was another thing they found palpable , that is , they found themselves well at ease , even to envy in their vast share of the wealth of the nation , whereby they lorded it over both god's inheritance , and the laity , and therefore they did not fancy the sight of the sea of the people increase , by the coming in of the tide of new generations , that would have produced much more persons to maligne , and perhaps contest with them : they naturally therefore wished the sweet absence of such company from the world , just as in ireland , and other thin peopled countries , the natives living at their ease have sharp regrets against the accession of strangers , though they know it would raise the value of their lands , and as in america the natives wish no improvement to their country from the spaniards . the monks had got the monopoly of religion , and near half the land by it , and not having any certain issue to endear posterity to them , and consequently to oblige them to promote the wealth of the kingdom in general , and to consult thereby the good of surviving parts of themselves ( for that figure children make as to parents ) they and the abbots and popish bishops cared for no more then being warm in the pyes nest while they lived , and 't was as natural to them to repel the thoughts of colonies of people advancing the wealth of the kingdom by new generations , as 't is natural to present trading persons to prevent the publick good of an act of naturalization . and as this advancement of depopulation was therefore the interest of the present monks and priests , so was it of the present popes , who knew they were sure of receiving aids and contributions from them , as long as numbers of other fresh comers did not drive them off the stage . one would rather wonder that our popish monarchs saw it not sooner their interest , to crush the politics of these holy depopulators and pastors , that turned the kingdom into sheep-walks , and who minding chiefly the encrease of cattle by pasture , hindred that encrease of men that the advancement of tillage would have produced , and the furnishing the crown with more subsidy men , and soldiers . but this supineness of our kings was not only caused by superstition , and a vitiated fancy in religion , an idol to which philip the second sacrificed his son ( and therefore might be well supposed prevalent with others to wish the generation of their children or subjects restrained ) but our kings were not then stimulated by necessity to promote the populousness of their realm , for that their riches and strength depending on comparison , the same religious orders did by celibate and depopulation equally obstruct the wealth and power of the neighbouring kingdoms as well as this , and by that means they were not our over-match . but the course of encreasing generations having operated so far as to awaken the world , and men for not having so much elbow-room as they had , jostling one another by the violence of war , the politics of statutes against depopulation were forced and reinforced on this realm : and like as men , so too will such statutes beget one another ( as i may say ) to the end of the chapter . nor is the power of the kingdom ever likely again to be really emasculated by such as pretended to make themselves eunuchs for the kingdom of heaven's sake , and honoured not the founder of christianity , of whom since he for the good of mankind made his first disciples fishers of men , it may seem unworthy that he should intend the hurt of states and kingdoms , by making the following doctors of his church pastors of sheep . sir thomas moor in the first book of his vtopia doth with a sharpness worthy his excellent wit tell us , that certain abbots ( holy men god wot ) not profiting , but much damnifying the common wealth , leave no ground for tillage , they enclose all in pastures ; they throw down houses , they pull down towns , and leave nothing standing , but only the church , to make of it a sheep-house . and afterward saith , that one shepherd is enough to eat up that ground with cattle , to the occupying whereof about husbandry many hands were requisite . and he in that book calls the fryers errones maximos , and desires they might be treated like vagabonds and sturdy beggars . and in the second book contrives a model of the priesthood so as not to make it such a nusance to the civil government , as the papal one was , accordingly as has been before discoursed . for one of his fundamentals there is , that the priests should be very few , and that they should be chosen by the people like other magistrates , and with secret voices ; and enjoyns to his priests marriage , and makes them to be promoted to no power but only to honour . sir thomas more it seems was far then from writing at the pope's feet , ( the character that was afterward given to bellarmine's style ) and there was as little occasion for a peace-maker's interposal between him and fish , as is between two wrangling lawyers at a bar. but the matter is well mended with our english world since the time of the supplication of beggars , as appears by the multitudes of the healthy and robust plebs of our nation , that till the earth and plough the sea ; and who by the proportion of the mony current coming to their hands , having fortify'd their vital spirits with good diet , there is finis litium , and an end of such lamentations , as the beginning of that supplication to the king in part before referred mentions , viz. most lamentably complaineth of their woful misery to your highness , your poor daily beads-men the wretched hideous monsters , on whom scarcely for horrour any eye dare look , the foul unhappy sort of lepers and other sore people , needy , impotent , blind , lame , and sick , &c. how that their number is daily so sore encreased , that all the alms of all the well disposed people of this your realm is not half enough to sustain them . there is no doubt but their indigence was extream , when they were to glean not only after the reaping of the monks , but after the ecclesiastick beggars , the fratres mendicantes , ( or as they were then called manducantes ) had been satiated in diebus illis , and when holy church almost engrossed not only the wealth but the begging in the kingdom . and he who now looks on our english infantry when they turn their plough-shares into swords , will see nothing of the horrour of starvelings in their faces : and the writ de leproso amovendo is in effect obsolete in nature , as that too de haeretico comburendo is abrogated : and within the term of about twenty years that the observator of the bills of mortality refers his calculations to , he mentions but six of dying of the leprosie . what the bills of mortality in france may contain about deaths by the leprosie , happening there in late years , i know not , but do suppose that the general scur●e appearing in the skins of the pesantry there , condemned to sell their birth-right of nature for no pottage , and to eat little of the corn they sow , and to drink as little of the vines they plant , and to taste little of flesh , save what they have in alms from the baskets of the abbies , and who are dieted only for vassalage , may be an indication of the leprosie , having still its former effects among them : but our english husband-men are both better fed and taught , and the poorest people here have so much of brown bread , and the gospel , that by the calculations on our bills of mortality it appears , that for so many years past but one of four thousand is starved . 't is therefore i think by instinct of nature , that our yeomanry in the country , though not addicted to mind niceness of controversie in religion , nor to be dealers in the protestant faith by retaile , are great whole-sale traders in it , and will as soon suffer their ploughs to be took out of their hands , as their bibles from under their arms : and they have been generally observed since the plot , and some years before , to manifest in common discourse their robust abhorrences of popery , as supposing that under that religion they could neither save their souls , nor their bacon . doleman alias parsons in the second part of his book of the succession , speaking of the numbers of the papists here , makes it very considerable , in that the most part of the country people that live out of cities and great towns ( in which the greatest part of the english forces are wont to consist ) are much affected ordinarily to their religion ( meaning the popish religion ) by reason the preachers of the contrary religion are not so frequent with them as in towns , &c. but were he now alive he would find the scene of things changed in our country churches since queen elizabeth's time , in whose reign a book was printed anno , called a lamentable complaint of the commonalty by way of supplication to the high court of parliament for a learned ministry . he would find that even in the poorest of our country parishes ( where yet by the encrease of people since her time , the values of the livings are proportionably encreased ) there are ministers more learned then were there in his time , and that the reading the prayers and homilies of our church hath furnished our country-folks with so much understanding , as will render them for ever unwilling to sow the matter of which to make the god they must either devour , or be devour'd by . had mr. coleman vouchsafed to have spoke with some of this sort of men , he would not have thought the whole kingdom ready like moyst wax to have receiv'd the impressions of popery , but would have observ'd in them , that with the stubborn and proverbial pride of a russet coat , they disdain to draw in the yoke either of papacy or presbytery , and that they talk of popery as a religion that would sink down both their souls and bodies to the state of brutes , and not only make agriculture vail to pasture , but bring them to eat grass and hay more pecudum , as a great cardinal bragg'd that they had almost prepared the laiety to do , till luther shew'd them better things : and if any one who has not heard the sturdy anathema's that our rustics in their common discourses bestow on popery , and who has not observ'd that in elections for knights of the shire their suffrages are given to the most fiery zealots against it , shall not have the same sense with me of the general intense hatred of the countrey people egainst popery , let him cast his eye on the returns made in the bishops survey of the number of papists above the age of , for those two diocesses in which the glory of our english yeomanry so much abounds , namely of our yeomen of kent , and he shall find that the number of papists both male and female was in canterbury diocess but , and in that of rochester ; and one would think that the neighbourhood of france might have transplanted more of the popish persuasion into those diocesses . the traditions our country people have had from their ancestors concerning their state in the days of popery , have sufficiently antidoted them against the poyson of traditions from popish priests and such who would have them traditors of their english bibles . they have a joyful gusto of the petition of right ( as it were ) fresh in their mouths , and fear the being thrown back to the supplication of beggars . they cannot think of the times of monkery here , without thinking of how many of the plough-men in england were then villains , and that too villains to abbies , for that part of their land that was arable : they were villains regardant to their mannors , and such as the romans call'd adscriptitii glebae . and 't is observed by sir t. smith in his d. book de repub. anglorum , c. . that the monks and fryars when they were conversant with the layety as confessors in extremis , enjoyn'd them in the court of conscience for the honour of christianity to manumit all their villains : but ( saith he ) the said holy fathers with the abbots and priors did not so by theirs . and he saith , quorum exemplis episcopi insistentes ab ista crudelitate nisi pretio conducti , aut calumniis impetiti sero deterreri potuerunt . dein aequatis solo monasteriis & in manus laicorum recidentibus , libertatem omnes adepti sunt . i. e. but at last the monasteries being levell'd with the ground , they all gain'd their freedom . thus did the abbots and monks formerly affect the monopoly of ordering villainage : and the multiplying of the people born of their villains by succeeding generations , did but multiply slaves to the abbies ; and at the same time they sow'd corn for the abbys , they sow'd their children too to villenage : the which is apparent by an abbot and convent's formula of manumission in edward the third's time , mention'd in blount , viz. omnibus — frater mathaeus abbas de halesoweign & conventus ejusdem loci salutem . noveritis nos unanimi voluntate & consensu fecisse iohannem del grene de rugaker liberum cum tota sequelâ suâ procreatâ & procreandâ . but the children that now come to see the light in england , are not damnati antequam nati , condemned to servitude before they are born , and our yeomen that are above wearing the badges of our nobles , will scorn the vassalage to friers : and when the genius of the english nation is so full of candor ( and what few nations can pretend to ) that they never make slaves of their prisoners of war in any part of europe , none i believe will ever see their incomparable infantry by whom their battels are won , to become slaves in peace , and the very slaves too of slaves , i mean of the monastic slaves to sloth . that s. a year that made them in the state of legales homines heretofore , is now become in value l. per annum : and as by the encrease of their wealth they are the more enabled to go to law , so the policy of william the conquerour to have mens lands lie scatter'd as they are in common fields , to the intent that the multiplicity of law sutes occasion'd thereby might divert their uniting against him , ( the which hath been commonly call'd the conquerour's curse ) hath however enured them to a pugnacious spirit of litigation in the law , and the effect of which tough mettle of theirs , popery is likely to find if ever it shall be a trespasser on them : and in fine , popery need never balder us with any other miracles , if it can effect this one , namely , to reconcile our husbandmen to love it , and to applaud the ius divinum of the monks that coming in sheeps clothing , would by a pasce oves make pasture confound tillage . the truth is , they are as unlikely ever to effect this , as are any who love the noble sport of hunting , to reduce england to its primitive state , and more remote then pasture , namely , forrest , ( for that and marsh is the natural state of all uncultivated and desolate lands ) tho they should too try to hunt as with a full cry out of the scripture into that state , and with the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 of isaia , cry , resonate montes laudationem , sylva & omne lignum ejus ; and further tell us of the antiquity of the divine right to forrests appearing out of those words of the royal prophet , for all the beasts of the forrest are mine , &c. and should insinuate that 't was fit to unpeople the earth of men to make groves for gods to inhabit . we are told in the preface to manwood , that in the reigns of richard the first , king iohn , and henry the second , the crown had afforrested so much of the lands of the subjects , as that the greatest part of this realm was then become forrest ; but no man is so sensless as to pretend to fear the return of any such state in england . and according to the principles of sense and reason it may be affirm'd , that all monkish hopes of our ploughmen happening again to be over-run by shepherds , are very extravagant , and popery will grosly err , if it shall think that poverty will ever compel this sort of men to the turpitude of taking up illegal arms for it , or that it can eradicate their innate hatred against it . the subsistence that the plough afforded our husbandmen in their trade , made few of them in comparison of those of other trades , become souldiers in our late civil warrs : nor were they then observ'd to favour those hyhocritical religion-traders the land was then pester'd with . nor indeed can they who really till and improve the earth , naturally affect those who pretend to cultivate heaven ; and by necessity of nature it must still come to pass , that they who acquire their own bread by rearing it for others with hard labour , will have an aversion against those who can subsist luxuriously , by cheating others of it with easie tricks , and against any attempts for a resetled monkery , which would , after the mode of the pyed piper , demand an unconscionable rate for trying to rid us of a few haeretical mice , and which too tho our land should pay , would yet depopulate it of its children . and here i cannot forbear to observe , that there happen'd one thing so momentous , that it can never be forgot while the english nation has a being , and which did among our people in the country convey a fresh sense of the pestilential nature of popery , and of the encreasing danger of its infection , and that is , that the body of our clergy of the church of england , did generally from the press and pulpit for some years together send so many strong antidotes against popery round the kingdom . every pulpit almost from one end of the land to the other did resound , as i may say , with a seasonable discourse against popery . it may be with justice apply'd to those discourses of our divines , that they alarmed more than our english world , or perhaps the roman , and that the world elsewhere did ring with their 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ; i here allude to those words in the epistle to the romans , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 : their sound went into all the earth , and their words to the ends of the world. there is no doubt but their sound was heard to rome by the help of the iesuits intelligence , and that our divines knew when they so preach'd and writ , they had pass'd the rubicon , and that 't was in vain like cranmer to try to be reconciled to irreconcileable rome , and that 't would be as much in vain in any course of future time to use politic whispers in commendation of popery after their former loudness against it , as for one who told a husband that he saw such an one strugling to ravish his wife , to say afterward that he was a very civil gentleman . our fanaticks therefore do by nothing more deserve that name , then by nick-naming the body of the clergy of the church of england as fautors of popery , since 't was but of yesterday that almost all our first and second rate divines did like capital ships ( as i may say ) one after another attaque the fleet of the romanists , and discharge their thunder upon them : but as my lord bacon hath observ'd , that in great sounds the continuance is more than momentany , and that the noyse of great ordnance , of which the sound is carry'd many miles on the land , and much further on the sea , will there come to the ear not in the instant of the shooting off , but an hour or more later , the which must needs be the continuance of the first sound ; thus too , i hope , that the aforesaid late 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 of our capital divines against popery which has been heard far and near among our countery inhabitants , ( and will i believe continue audible among them during the hour of life ) will in part of that hour , sooner or later , be heard with regard by our weaker brethren . but what a daemon then in understanding , or god of eloquence had he need to think himself , and to be thought too such by others , who imagines to talk england both out of its manna of religion , and what is better then its flesh-pots too , and to persuade us by bringing in monkery again , to have our land ore-run with flocks of sheep , and to want hands to work their fleeces , or ( as i may say ) to fancy to have manufacture without hands ; and for want thereof , to make our sheep almost useless but only to eat , and in that way too to be chiefly appropriated to the stomachs of lubbers ; and , who would allow our land flocks of sheep , but not dogs to guard them ; i mean a sufficient growing populacy in the land to defend both it , and the very flocks in it , and i may add too , who would almost make the wooll of our sheep useless but only to send into forrain parts ; and who would abdicate from the land that benefit of the continual passing of our wooll here through so many hands busy'd in trade , and thence fill'd with wealth in the way of interest upon interest intended by nature for the maintenance and subsistance of our people , so multiplying as aforesaid , and preparing tables for all new guests here , let them come into the world never so fast ; and would have us consent to the diminution of the number of our people , when for want of our being fully stock'd with them , so great a part of our land lyes fallow every year , as doth not in countreys sufficiently populous , and where the lands value will quit the cost of the manuring . alas ; when through the divine blessing england shall arrive at the state of being fully peopled , and being got beyond pasture , that first improvement of a thin peopled country , shall likewise have compleated that second of tillage , that our being better peopled will occasion , there will lie a third in our view to employ the labours of our consummate populacy , namely that of gardening , and to oblige us that the earth shall produce nothing but what is exactly useful : and instead of going back from tillage to pasture , we must naturally go forward from tillage to gardening , whereby one acre may be made to maintain twenty persons , whereas now 't is observ'd that acres generally throughout england maintain but a fourth of that number , viz. . persons . and when we are thus furnished with as many people as by tillage or gardening can well live on the land , 't is then , and not before , that our encreasing populousness will push on greater numbers of our inhabitants to live on the sea , which none will choose to do , that can live on the shoare : and 't is only such a state of populacy that can naturally make us masters of the fishing-trade ; to compass which , all our projects before , whether by acts of parliament , or companies and stock , will be but chymerical . moreover , 't is only such a state of populacy that will exonerate us of those burdens of the earth , and scandals to heaven , i mean all religion-traders , whether popish or fanatical , those vilest of nominales who cheat in nomine domini , and such likewise who disquiet states by assuming the trade of world-menders , and everlasting propounders , that are like busie insects flying in the eys of mankind , ( and whom sir e. coke in the . ch. of his institutes , which is entituled against monopolists , propounders and projectors , deservedly brands ) and atheists that would reform a church , bankrupts in their particular trades that would advance trade in general , defiers of justice who would amend the law , and wasting that time as censors of the manners of kings for not paying their debts , which they should employ in acquiring assets to pay their own : in fine , undertakers to cure church and state as confident as the quack who said in his bills , he cureth all diseases both cureable , and incureable . all these sorts of men whose trade is talking , and whose talk is cheat , will only come to be bankrupt by being heaved out of all places by the generations of useful traders multiplying there . nature that has been long laying its siege to such idlers in places of resort , will then at last carry on its works so far as to leave them no earth to play their engines upon , and such unprofitable people will be as naturally extruded out of our towns , as are women and children out of places besieged : nor can all the humming of their propositions procure them more continuance in such places of business , then the noyse of drones entitle them to a residence in the hive ; and it will as little quit cost to have them planted in our cities , as for a gardiner that pays a high rent to have beds for weeds . of the improvement of great quantities of land by gardening , the ilands of iersey and guernsey , are examples : and we have a pleasant and profitable prospect of such improvement near our metropolis and other great cities ; and i doubt not but england may flourish so as to become the garden of the world : and do as little doubt of any course of time bringing the pope again to say as matthew paris tells us he did , verè hortus noster deliciarum est anglia , as i do of that honest monk's sleeping till the resurrection , or mr. coleman's having any more dreams of a paradise in the gardens of wooburn . 't is hard for a visionaire not to fancy any thing possible : but he who shall pronounce that england can from its present improvement and populousness be driven back ad primordia rerum , and that the many cultivated understandings in it , and who have reduced knowledge ad firmam by calculation , can be reduced to the calculation only of beads and be imposed on like the indians to part with their gold for beads , and that half the land of england now inhabited by three millions of people ( as all estimates make to be the least that half of it contains ) will be delivered up to regulars and to persons that the laws in being allow not so much as a foot of earth for graves , and that it is not of equal detriment to a country to have half the land made unprofitable and become bog or the like , as to be long in perpetuity to unprofitable people , and that such as make property their god ( which they who over value the things of this life do , and are the majority of any country ) will idlely sacrifice it to those real impropriators who make but a property ( as i may say ) of god , i mean those hypocritical idlers who only by a religion-craft without any service useful to mankind claim a great quota of the profits of others labours , and that when we are going on so fast toward the exactest culture by gardening , which excludes all weeds , the old inimicus homo shall find six millions asleep to give him an opportunity to sow tares and to ask half the land for his pains , i say , he who shall pronounce as aforesaid , is one that looks but at few things , and so de facili shoots his bolt , and is one that we may think to be a fool without being in danger of hell fire : and holy churches great work of the conversion of three kingdoms , to the end that it may convert half the land again to its use , is likely to prove as fruitless as the christian endeavours to recover the holy land. there is such a strong rampart of living earth against the assaults of popery in this kind i mean the number of our protestants and particularly of those employ'd in tilling the land , that popery cannot dissolve : and let it pipe never so plausibly , we shall be like the deaf adder stopping our ears by laying them against the earth we are possest of . my lord , they who have observed the intervals of your pleasure , when you have had some breathing times for retirement , from the fatigue of affairs of state , know that the contriving the improvement of your ground by tillage and planting and gardening , hath been at once your care and your delight . and i believe cicero's cato major doth not describe the pleasure of old age in the improvement of the earth , with greater hight then your lordship is able to do : and your example in this thing may crown both that of tully and the aged hero's by him there commemorated for delighting in husbandry : and indeed it may be supposed but natural for old age being so near the earth its center to move with a quicker sort of delight toward it , and especially among christians to whom the dull earth aided by the acuteness of st. paul ( i referr to his similitude of the corn ) is so kind and greateful for their culture of it , as to court them with an embleme of their resurrection , and to teach them a surer way , then galilaeus had found out to transplant the earth into heaven . but now , methinks to one that has so curious and perfect a sence of this solid and manly pleasure that the culture of the earth affords , as your lordship , the very idea of england's degeneracy from its thriving state of agriculture to poor solitary pasture ( how unpracticable soever the thing is ) must necessarily carry some horrour with it to be imagined , and the very telling it to you that some vain popish projectors would rob us not only of the culture of learning , but even of that of the very earth , must give your thoughts a nausea instead of such a noble extacy as fill'd the whole soul of erasmus who in his old age in a letter to budaeus speaking of sir thomas more 's and other mens works that did then begin to beautifie the world with learning , cryes out , deum immortalem , quod seculum video brevi futurum ! vtinam contingat rejuvenescere ! and as i am sure you would not desire to renew your youth like the eagle , only to live in an age of buzzards , so you know too much of the course of nature to wish your life a day shorter for fear of the longevity of popery , if ever it should call it self here the state-religion : for it can naturally be but a short dull parenthesis of time in an age of sense , and the eye of reason can see through the duration of it as well as through its absurdities , and it can naturally be but like an angry cloud , that with the eye of sense we shall see both dropping and rowling away over our heads , and shall behold the sun playing with its beams around the heavens , near it at the same time : and nothing can be easier to you then to dye in the faith , that popery cannot live long in england , and to know that you are not to be compared to an infidel , though you should have provided for your surviving family nothing but abby lands , the which i believe may by a bold instrument of eternity drawn by a small scriveners boy , be effectually conveyed to any lay-man and his heirs for ever . i know that the present state of that part of the land of england that was aliend from the church , is such that it bears not the price of years purchase it did before the plott , and that it is according to the common expression , become a drug as to moneys being taken up on it in comparison of other lands : and it is obvious to consider how much herein the plott hath prejudiced the wealth and trade of the kingdom , in making so great a part of the land in some regard comparatively useless to the possessors : but i likewise know that hereby popery will be no gainer , for that 't is apparent that the owners of it will be indefatigable in the use of all means lawful to bring popery to such a state , as shall make any men ashamed to say they fear it . tho holy church that everlasting minor , that minor like sir thomas mores child that he said would be always one , will be still labouring the resumption of what was alien'd from it ( and hence i believe it hath proceeded , that our kings thô in the eye of the law always at full age , have thought fit to learn from holy church the priviledge too of being reputed minors or infants in law , for so the books call them , that upon occasion they may resume what was alien'd from the crown ) and thô the hopes of such resumption would be a bait to help popery to multitudes of proselytes , yet the people imagine a vain thing who think such resuming practicable in england , and especially at this time if the calculation of the ebb of the coinage of england be as is contain'd in britannia languens , viz. from the foremention'd period of may , to november , ( near another nineteen years ) , , l. s . ¾ , a calculation that i think cannot be disproved but by the records in the pipe office , where annual account of the money coined in the mint are preserved , or by ballances of trade made up from that time , whereby the exportations eminently preponderating what is imported , would evince what considerable quantities of bullion have been coyned , or by our knowing that since that time sterling silver has not still obtain'd the price of s d an ounce , a price that it has not indeed fall'n short of in england about these twenty years past , and therefore before the late act for the coynage , could never be entertain'd by the mint to be coyn'd , which was by its law and course necessarily restrain'd from giving for sterling silver above s. the ounce , and which rate and no more it did afford when the ballance of trade favouring us caus'd that vast coynage mentioned in the former ternary of nineteen years . but in fine , his majesties royal goodness to his people in not only quitting what did accrue to him for coynage , but being at the expence of the coyning the most exquisite sort of money in the known world , and such as in curiosity does equal meddals , is an indication of the ballance of trade , not having employed the mint sufficiently in making for his subjects the medium of commerce ; and for the depression of the trade not only of the english but of more then the european world , the usurper cromwel is to be justly blamed , who not long after the wounds england had felt by the munster peace , did harrass us by his fantastick war with spain , which not only impoverish'd england but the trading world , and forcibly obstructing the returns of the spanish plate fleets , did particularly put both spain and france under a necessity of making that peace that gave the french crown its leasure to trouble the world. but let any one judge then how ridiculous it is to suppose , that the trade of the nation must not , as i may say , shut up shop , if half its wealth should be again juggled into the hands of a few ecclesiasticks , and the old trade between england and rome be renew'd of giving the pope gold for lead . it must indeed be acknowledged by all who have conversed with history that the absolute and unbounded power with which the eastern monararchs governed their kingdoms , did not more require an excessive share of the publick revenue to feed standing armies then priests , who with their idols and superstitions , and crafts , did awe and delude people into obedience : but as in orderly commonwealths there is no need of such an immense charge for artifice to make men obey themselves , so in our constitution of the english government , it being justly to be supposed , that we have all the desireable , solid and substantial freedom that any form of government can import , besides the insignificance of the name of it ( and insignificant we may well call it who remember that our late real oligarchists took not only the name of god , but the name of a commonwealth in vain ) and are to the envy of forraigners , and shame of our former domestick propounders , blessed with the soveraign power of a great and glorious king over a free and happy people ( as the words of the royal martyr are in one of his declarations ) it may be well said to any one who shall talk of giving half the profits of the realm to use art , and imposture to make members obey their head so constituted , quorsum perditio haec ? but in a word , to come closer to the case of popery , any one that would have half the revenue of the kingdom given to impostors for the making a monarch only half a king , or king but of half his people , and for the tricking both him and them into a blind obedience to a forraign head , and for the making a forraign power arbitrary and absolute , is a very bad land-merchant , and knoweth not the use or value of the soyle of england , and will never find the half of millions of acres sold for chains and fetters , and will be put to the trouble of taking out the writ , de idiota inquirendo against at least three millions who have already out-witted him , and will never think a forraign minor and whose concessions are resumable , fit to be their guardian , and account it a very preposterous thing that since our saviour refused to divide an inheritance , his pretended vicar should do nothing else . moreover holy churches resuming all its lands out of lay hands , would appear the more strange in england when we see ( as my lord primate bramhal saith in his vindication of the church of england , p. ) that the very kings of spain impose pensions usually on ecclesiastical preferments to the th part of the value , and particularly one pension on the arch-bishoprick of sivile in favour of an infant of castile of greater value then all the pensions there imposed by the pope ; and when we know that the french king doth for the behoof of so great a number of lay-men , impose so many and great pensions on the abbeys without saying to the abbots more then car tel est nostre plaisir . sir edwyn sands in his europae speculum writ in the year , and in the time of harry the th of france , speaking of that kingdom , saith , that there the church prelacies and other governments of souls , are made the fees and charges of meer courtiers and soldiers : and our excellent animadverter on monsieur sorbier reflecting on that country , intimates in effect how there the chiefest spiritual dignities are entailed upon families , and possest by children . they who unjustly cry out of the constitution of the church of england , for interrupting the trade of the kingdom , would be loud enough in their complaints of omnia comesta à belo under popery . he who knows not that the revenue of the king now depends in a manner solely upon trade , and that trade depends on populousness , and that the encouragement of people to live under any government , is that great thing , call'd property in their estates , religion , and laws , and that therefore any thing that calls it self religion , that goes to exterminate above a hundred and fifty persons for every one it leaves ( for so the proportion between non-papists and papists by the bishops survey made about the year , was return'd to be ) and to call them hereticks , and which makes their goods and life ipso facto a forfeit of the law , will not ipso facto exterminate trade , is fitter for the galleys or a trading voyage to the anticyrae , then for any discourse of trade and commerce . your lordship hath in your travels sufficiently seen it long since exemplified , that the protestant countries for the quantity of ground exceed the popish in trade , and numbers of people , and that thus the protestant hanse towns have eclipsed their roman catholick neighbours ; and amsterdam , antwerp , and the vnited provinces , flanders , and that in flanders where the ecclesiasticks are proprietors of seven parts of ten of the whole country , levies of men and money for the defence thereof have been made , with so much slowness and difficulty , and been so inconsiderable as not to have secured themselves against invaders . nor did the ecclesiasticks there think it worth their while , to strain themselves in contributions to resist an invader who is of their own religion ( the which made the french kings victories there flie like lightning ) more then our over-rich english regulars did to oppose william the conqueror , when he came here under the popes banner . and thus were they here , and in flanders are like wenns in the body which draw to themselves much nourishment and are of great trouble and no use , and thus ridiculous is it that so over great a part of the property of the land , should be linked to persons , who are no way linked to the interest of the country , more then professed gamesters and empyrics and soldiers of fortune , and are no more damnified by popish invaders , then fishes of the sea are by earth-quakes . but on the other hand in the united-provinces , how easily and soon are vast taxes raised when their all is at stake , & to what a prodigious encrease of the numbers of their people have they attain'd since the reformation ? insomuch that the author of a political discourse of the interest of holland printed in dutch in the year , and licensed by iohn de witt and by van beaumont , makes the people in the province of holland to be millions and thousand , and so likewise doth pellerus in his learned notes on klockius de aerario p. . and there cites that book of the interest of holland , when as gerard malynes in his lex mercatoria makes the people in flanders in the year to have consisted of a hundred and forty thousand families , and he reckoning each of them one with an other at persons , makes the total of the people in flanders to have then amounted but to seven hundred thousand souls . and yet as that author of the interest of holland saith , the province of holland can hardly make thousand profitable acres or morgens of land , down and heath not put in , and that the th part of the inhabitants of holland cannot be nourished with what is growing there : but tells us what prodigious granaries they there have , and that amsterdam that in the year was about morgens or acres of land , was in the year enlarged to morgens or acres of land in circumference , and to have in it three hundred thousand souls . and the defence of the zelanders choice printed in the year , mentions aitsmas liere to have reckon'd the publick incomes of holland alone in the year , to have amounted to thousand pound sterling ; and the author of the interest of holland saith , that in one year in a time of peace , viz. in the year the inhabitants of holland did over and above the customes and other domains of the earls or states of holland pay towards the publick charge as follows , viz. to the states of holland millions of gilders . to the admiralty of the maze , gilders . to the admiralty of amsterdam millions of gilders . to the admiralty of the northern quarter , thousand guilders . which comes to in all about hundred , thousand pounds sterling . how meanly do the atchievements of venice , and their efforts to aggrandize their republick , compared with hollands shew in story , for the quantity of years many times doubled since the dutch threw off the yoke of the papacy ! history hath recorded the longevity of the venetian government as it has of methusalem of whom we read , not 〈◊〉 great thing he said , or did , or attempted ; but a few days of the short life of alexander , in the ballance of same weighs down the years of the other . the very religion of popery makes the venetians more narrow in their principles , and even in their rules of traffick then are the inhabitants of protestant countries . the popish religion doth hamper its devout professors as to trading with hereticks , and holding communication with such as are ipso jure & ipso facto excommunicated , and giving any quarentine to men said to be infected with heresie , insomuch that we are told in d' ossat's letters , part. d . that the republick of venice would not suffer the ambassador of henry the th to them thô a catholick to be admitted to their chappels with other ambassadors , because they did not know his master to be reconciled to the see of rome . and bodin de rep. says , that the number of the inhabitants of venice was taken anno , and was then in all but one hundred and eighty thousand and four hundred and forty . sir william temple in the th chapter of his observations on the united provinces , makes one of the great causes of the first revolt in the low-countries to be the oppression of mens consciences , or persecution in their liberties , estates , and lives on the pretence of religion ; and it may be truly said that by their buying the truth at the rate of such high taxes as they now pay , and not selling it either to france or spain , they have been no losers ; for many good artists and wealthy fugitives have brought their persons and families and estates to them for shelter , from the storm of papal persecution , and daily continue so to do ; insomuch that the author of the zelanders choice in sect. . observes that of late years some of the wise men of the reformed religion in france , being fearful of its being there utterly supplanted , have required their children by their last wills and testaments to leave france and settle themselves in the vnited provinces : and in so doing , they bestowed rich legacies on holland , each head of any new comer being judged to add at a medium l. per year to the riches of the state. the late great late accession of protestant strangers to amsterdam , hath caused many new houses to be there built , and hath raised the rents of the old ones a th part , whereas they are sunk a th in cheapside in london . 't is there that men of every nation under heaven , parthians , and arabians , iews , papists , calvinists , lutherans , and the christians of the subdivisions of all sects do hear men speak in their own language , and what they think most musical to them , the wonderful works of god. nor are the enemies to monarchy to ascribe the flourshing state of holland , to its former throwing the power of the state-holder , and captain general out of the ballance of their government . their breaking down the banks of his authority , introduced the sudden inundation of the french power among them , that they had else been more secured against then the assaults of the ocean , and not have so perfectly forgot the art and nature of defensive war in their frontiers : and thô it may seem plausible that an animal , supposed to have most heads , will have most brains , and that republicks are more apprehensive of their true interest then other governments , yet to the reproach of such politicks it appear'd , that when the regnant faction in holland were no more headed by a captain general or state-holder , and had thrown the poise of his power out of the scales , they grew so vain , as thô they had no capital ships , yet to become aggressors in a naval war against england , that had ships enow of that kind to affright the world , and of which war the result was the abolishing their great navigation 〈◊〉 england , from whence their forced frequenting of our harbours , still occasions their exporting more of our commodities then we import of theirs . but this by the way . however so vast yet is their navigation , and the number of their marriners that thô we need them not for our carriers , both spain and france do : and to which kingdoms they have and probably will for some ages to come , have the honour and profit to be carriers , how much soever france is or seems to be fear'd by us : and thus that book of the interest of holland tells us , viz. that the french have very few ships and marriners of their own , so that almost all their traffick for holland ( some few english ships of trade excepted ) is driven by dutch ships , and that when any goods are transported from one french haven to another , they are laden on board dutch vessels , and that as to spain , that it hath so few marriners and ships that since the peace between them and holland , they have used to hire dutch ships to sail to the indies . and therefore when i consider what that ingenious author hath thus discoursed , and that sir w. p. in a manuscript discourse in the year / , hath calculated the number of the total of the seamen , who are subjects of france to be , and that a great and fatal diminution of the number of them since happen'd in the year , by so many of their then perishing under d' estre in the west-indies , and that as the author of britannia languens saith , the dutch have at least times as many seamen as the english , i shall venture to conclude that more then all the millions of mankind now living will be dissolved to ashes before ( humanly speaking ) it will be possible for france to over-ballance either the dutch or 〈◊〉 at sea , and whoever they are that pretend to fear the contrary , i think they do but pretend to fear it . but at once to return to the consideration of the gain holland hath from fresh advenae , and to take my leave of it , all old trades being there fully improved , such new comers are forced to dig up a new soile of trade and industry , as i may call it , for their subsistance ; and thus at the charge of their experiments the country is enriched : and many new artists there bring with them their old experimented arts , and thus 't is known that an english-man from yarmouth coming to be an inhabitant among them , taught them the rich arcanum of the fishing trade : and since they disused to pray to dead saints in the way of popery , they have found living saints praying to them to be admitted to live with them , and have not only had the honour to entertain saints , but by being not forgetful to entertain strangers , they have unawares entertain'd angels ( as the scripture expression is ) and such who have proved tutelar ones to their country and religion . no marvel therefore if the learned divine , the author of the defence of the zelanders choice , doth there so pathetically pronounce his opinion , that if ever the protestant religion shall leave holland , that country may be called ichabod , i. e. the glory is departed from it . and here i should be injurious to the political energy of the reformation in england , if i should not observe how vastly it has contributed to the encrease of the value of our land , and the number of the people and the extent of our commerce , and indeed of commerce it self . it was not long before the reformation that the kings and people of england , maintained themselves chiefly by sheperdry , and the kings and people of france by tillage , and their great improvement in manufacture , bears date but from harry the ths time . the great scene of merchandizing was not open'd in europe till about , or hundred years ago , and till then none were there worthy the names of merchants except some few in the republicks of italy , who lived in the mediterranean parts trading with the indian caravans in the levant , or driving some inland trade , and then and some hundreds of years afterward , the nations in the worst soil of europe being the greatest breeders , and having superfluity of nothing but people , had no invention for living but by being murderers , and by the boysterous trade of fighting their way into better quarters : and during that dark and iron age that produced herds of men void of knowledge , there was nothing in humane conversation or discourse valuable ; and in our european world it was scarce worth men a few steps to gain one anothers acquaintance : but on the gradual encrease of knowledge there , men found a readier way at once with delight and profit to exchange notions and commodities of traffick , and the protestant religion at last drawing up the curtain that kept all things obscure on that stage of the world , men being better taught the knowledge of the god of nature and of nature it self , were grown worth one anothers knowledge , and were for the surprizing brightness of their intellectual talents gazed on by the wondring world , like in machines , gods coming down out of clouds , and it was worthy of the bounty of heaven , then to spread on the earth the commerce of men and the medium of commerce too , and to allow them to converse together with more splendor by the donative of the american mines when the dawn of the knowledge a little before that of the reformation had rendred them conversable creatures , and fit for the interviews of one another : and shortly afterwards by a mighty encrease of navigation , many did pass to and fro , and knowledge was more and more encreased . thus as i have some where read of a saying of one of the fathers , deus ambit nos donis & formâ suâ , the divine goodness provided that the world should espouse the beauty of the reformation with a great dowry , and that it should appear particularly in england with the great figure that wisdom makes in the proverbs , length of days is in her right hand , and in her left hand riches and honour . and the truth is conspicuous in our english history that former intervals of some efforts of trade , and of some , of withstanding the papal encroachments were alway contemporary , and liv'd and dy'd together , and they were no sooner risen out of the grave where the barbarity of former times depressed them , but they were again found in one anothers embraces . that the stock and wealth of the kingdom , is vastly encreased since harry the ths time , is visible to any one who considers what stow saith in his annals on the year , the th year of his reign , that when in a parliament held at black-fryers , and where sir thomas more was speaker , l. was required to be raised of the fifth part of every mans goods and lands , that is s , of every pound to be paid in years : but it was denyed , and it was proved manifestly that if the fifth part of the substance of the realm were but l , and if men should pay to the king the fifth part of their goods in money or plate , that there was not so much money out of the kings , hands in all the realm : for the fifth part of every mans goods is not in money or plate , &c. and then consequently if all the money were brought to the kings hands , then men must barter cloath for victuals , &c. and there it was further argued that the king had by way of loan s. in the pound ( which is l. ) and if he had s. more in the pound , 't would amount to l , which is almost the d part of every mans goods , which in coyn cannot be had within the realm . that the merchandizing trade of england was before the reformation , and sometime after managed chiefly by forraigners , we learn out of heylin's edward the th , p. , where he saith that edward the th , supprest the corporation of merchant strangers , the merchants of the stilyard , concerning which we are to know that the english in the times foregoing being neither strong in shipping , nor much accustomed to the sea , received all such commodities as were not of the growth of their own country from the hands of strangers , resorting hither from all parts to upbraid our laziness , namely merchants known by the name of easterlings , who brought hither wheat and rye and grain , &c. for their encouragement wherein they were amply priviledged and exempted from many impositions . i shall here deduce a proof of the growth of the revenue of the nation , from the growth of that of the church , and to prove that the revenue of the church & nation of england were in the year about quintuple , to what they were at the time of the reformation , i shall say first that godwin in his catalogue of bishops , makes the revenue of the arch-bishops and bishops to be valued at the time of the reformation near l. per annum , and if we admit the revenue of the deans and chapters , to be double the sum , viz. l. then will the whole revenue of the hierarchy appear to have been then l. per annum . but dr. cornelius burgess , a man vers'd in the speculative and practick part of sacriledge , doth in his book concerning sacriledge call'd two replies , and printed anno , affirm that the bishops , deans , and chapters lands , were at the end of the late civil war sold for two million three hundred thousand pounds , and he saith , there was offer'd since his majesties restoration seven hundred thousand pounds more to confirm that sale : whereby the value of the said land is made to be in the year , millions . and mr. prynne in his printed speech in the house of commons on monday the th of december . touching the satisfactoriness of the kings answers to the propositions of both houses , doth in page there affirm , that near one half of the arch-bishops and bishops possessions and revenues consists in impropriations , tithes , pensions , and the like ; and if we may suppose the like as to the revenues of the deans and chapters , then according to that estimate will the value of the whole revenue of the hierarchy of our church be about millions , the twentieth part whereof , viz. at twenty years purchase is , l. per annum , and the th part of the same , viz. at years purchase is , l. per annum , so that what at the time of the reformation was worth but l. per annum , was in the year worth between , and l. as aforesaid . in the next place i shall prove the remainder of my position that the revenue of the whole nation is about quintupled also ; for that the revenue of the demolished monasteries was , as my lord herbert in his harry the th , makes it hundred thousand pound per annum , and the revenue of the whole church about triple to that sum , viz. about l. per annum , and the revenue of the whole nation between triple and quadruple to the revenue of the church , viz. one million hundred thousand pound per annum : but careful calculators in these times have computed the same to be about millions per annum , which is quintuple to the said million hundred thousand pound above mentioned . and as to the proportion of the trade and traffick of england encreaseing since the reformation , little more need be added to what i have before discoursed then that the customes , which when queen elizabeth came to the crown , made but l. per annum , were since , farm'd at hundred thousand pound per annum , and have since that time made about double that sum. and because she foresaw that that branch of the revenue would both support the crown and the walls of the kingdom , i mean its ships and sea-men , she wisely provided for the encrease of the customs and navigation in her own and future times by the planting of virginia , and was the foundress of our trade in the american plantations , that is at this day so beneficial to the king and kingdom , and where no forraigners can trade without his majesties leave ( and therefore the freight both outwards and homewards is restrain'd to our own shipping ) and where the scene of entercourse is agreeable to the genius of so many of our protestant traders of england , and not troubling them with the sight of the religion , or with the study of the language of popish countries . and as in any great important undertakings , the first projectors or undertakers do usually but lay the foundation of gain for the next comers , thus too did providence order it to be in the case of the spanish acquests of america , which were so fatal to the diminution of the strength of spain , and fortunate to the encrease of that of england . and it was by the means of the advancement of the protestant religion that she was so prosperous in her mighty attempts of advancing trade and navigation . 't is notorious how by making her realm and asylum to forraign oppressed protestants , she enriched it with the manufactures they introduced , in her great towns and cities , and where the value of house-rent being by that means raised , the manufacturers were enforced to work harder , and the encreasing of their corporal hard labour did tend to the encrease of their generations and populacy as it did among the israelites in egypt , and it had a greater tending to that effect , in regard that our people in their towns were their own task-masters , and could console themselves with the thoughts not of going but being gone out of egypt , and they were rendred the more industrious by the knowing that they were secure from having the fruit of their labours swept away from themselves and their children by arbitrary confessors and priests , a thing that was practised by those who formerly made england in effect but a province to rome , and when more money was exported hence by appeals and applications to the court of rome then is here imported from ireland , and when as in turky men are dicouraged from enriching themselves thorow industry and improvement by the grand signiors being the general heir , our fore-fathers too were by the popes being so much here in the same capacity . in fine , the value of the benefices of the divines in those great towns , being partly encreas'd by the growing numbers of the people and their riches , and partly by their liberal contributions did invite thither such men of learning to the pastorage of souls , as did by their fame invite more inhabitants , and did keep up those towns by the cement of religion in such a state , that they were seminaries of knowledge to the adjacent countries , and even magazines of war for the princes occasions , as well as store-houses of manufacture to be exported : and for this purpose arch-bishop grindal in his letter to queen elizabeth , anno domini , printed in fullers church history speaking of able ministers , being placed in all parishes , and of the benefit thereof redounding to princes by their subjects obedience to them , saith , no prince ever had m●re lively experience hereof , then your majesty hath had in your time , and may have daily : and if your majesty comes to the city of london never so often , what gratulation , what joy , what concourse of people is there to be seen : yea , what acclamations and prayers to god for your long life and other manifest significations are there to be heard of inward and unfeigned love with most humble and hearty obedience ? whereof cometh this , madam , but of the continual preaching of gods word in that city , whereby the people hath been plentifully instructed in their duty toward god and your majesty ? on the contrary , what bred the rebellion in the north ? was it not papistry and ignorance of gods word through want of often preaching in the time of the rebellion ? were not all men of all states that make profession of the gospel most ready to offer their lives for your defence , insomuch that one parish of yorkshire which by continual preaching hath been better instructed then the rest , halifax i mean , was ready to bring or able men into the field to serve you against the said rebels , &c. as i before observed , that the reformation brought us at the first step , out of a blind chaos into a paradice of knowledge , so i may add that at the next it conducted us to that blessing of paradice , be fruitful and multiply , and replenish the earth , and subdue it , and have dominion over the fish of the sea. no sooner had the reformation under that great queen cleared the heads of her subjects , but it enlarged their hearts , and substituted in men a new brave and generous spirit , in lieu of that dull and formal and lethargic one that possessed them under the captivity of their blind guides , and they accounted their all and even the worlds , too little for their prince , and they made her exchequer as spacious as her kingdom , and the english commerce as wide as the world. navigation and navigators were her favourites , and her great states man walsingham by her command animated frobisher to attempt the discovery of a nearer passage to cathay and china , without going so far about as by the cape of good hope , and he gave not over that design till after three voyages , and the death of walsingham : and the success of her politics and of the reformation , have in despight of all the power of rome and spain terminated in such a multiplying of the subjects of the realm of england , as probably renders them more numerous then the people of the kingdom of spain , which heylin in his geography makes to have only eight millions of souls . but there scarce needs any other medium whereby to evince that the progress of the reformation hath vastly encreased the value of our land and proportion of our commerce , then that it hath so vastly encreased the number of our people , a fact that i have already proved , and have shewn what depopulaors or dispeoplers of the kingdom the monks were , and have made some calculations of the numbers of the religious persons living in celibate , and the effects thereof in restraining formerly the growth of the numbers of the people : but do find that i was extremely short in assigning the number of those whom popery made to live in celibate to be but . i was glad to gain a rise for somewhat like an estimate of the numbers of all the religious persons in monasteries by finding it in weavers monuments that the religious persons put out of the religious houses , under the yearly value of l. were above : and that therein weaver agrees with sanders de schismate , &c. but i made no estimate of the numbers of friers mendicant the which were very great , and i was too short on the accounting that there were perhaps no more secular priests then benefices in england : for thô the rule of the canon law allows not orders to be given to men without a title , yet it admits an exception in the case of men who can live on their own patrimony , and it still took the title to be a curate as current coyn for one to a living : and moreover the livelihoods that many unbeneficed secular priests acquired by saying particular masses , did pass for titles , and thus in france it being conceived that the secular priests unbeneficed are about times as many as the beneficiaries , we may thence guess what the proportions of their numbers were in england . but yet further to discourse of the growth of the numbers of the people of england before and since the reformation , i shall acquaint your lordship that you may easily find among the records of the exchequer , what the number of the people of england was in the year , when harry the th ( as i cited it out of my lord herberts history p. , ) caused warrants to be issued out , commanding the certificates of the number of all above years old to be returned , and by an index or repertory of the matters of state in the exchequer that i have , i can readily direct the finding it out there : and moreover by the accounts of the pole acts in former times , a considerable indication of the numbers of the people in those days may be had . and if we may guess at the encrease of the people of england from that of london , i can easily satisfie any person about the prodigious growth of that city in numbers of people , and consequently in wealth since the abandoning of the papacy . i have by me an account of the proportions of the shires of england & city of london , in a tax of l. long since in edward the ds time , and in which surry bore the same proportion with london , and in which london and surry and middlesex paid but about l. which was but about a th part . and in harry the ths times , it hapned that cardinal pool excited divers princes of christendom to invade england , & a fit man he was who had been then a traytor to come here and absolve hereticks : but holling shead in his chronicle of harry the th , p. tells us , that the king having heard of the treasonable practices of the cardinal , did anno , make a survey of his naval strength , and did ride to the sea-coasts : and that sir william foreman knight , then major of london , was commanded to certifie the names of all the men within the city and liberties thereof , between the age of and , whereupon the said mayor and his brethren each one in his ward , by the oath of the common-council and constable , took the number of men , arms , and weapons : and after well considering of the matter by view of their books , they thought it not expedient to admit the whole number certified for apt and able men ; and therefore assembling themselves again , they chose forth the most able persons and put by the residue , especially such as had no armour . but when they were credibly advertised by thomas cromwel lord privy-seal ( to whom the city was greatly beholden ) that the king himself would see the people of the city muster in a convenient number , and not to set forth all their power , but to leave some at home to keep the city , &c. then he saith , the number beside the whifflers and other waiters was . but the observator on the bills of mortality , hath in his last observations on that subject told us , that there are in london about hundred and souls : and thô i know that some parishes are included within the bills of mortality for the said city that formerly were not , yet the said observator having told us that there are in london more males then females , and it being true that there are as many above the age of sixteen as are under it , and that the sexagenarii are but a th part of mankind , and the quota of the numbers resulting from the parishes added , being likewise shewn us by that observator , let any one judge how vast the number of able men certifiable between and , is grown to be since that year of harry the th before mentioned . it must be acknowledged that the thanks of the age are due to the observator on the bills of mortality , for those solid and rational calculations he hath brought to light , relating to the numbers of our people : but such is the modesty of that excellent author , that i have often heard him wish that a thing of so great publick importance to be certainly known , might be so by an actual numbring of them , and the truth is , it is much to be pittied that by the care of magistrates , an exact number of the people as well of london , as of all other places in the realm , hath not with diligence been made and preserved , the knowledge whereof is the substratum of all political measures that can be taken as to a nations strength or riches , and the part thereof that is spareable for colonies , and the value of the branches of the publick revenue , and the equality in proportioning any taxes or levies by act of parliament , and the satisfying the world about the value of our alliances , a thing one would think somewhat necessary when 't is published in print that a forraign minister , who hath spent much time here and is deservedly famous for being a critical judge in the politicks , and in many sorts of learning , makes the people of england to be but two millions , and when a late famous french author of la politique francoise , who sets up with his goose-quill to be a governor of the world , reproacheth us after his manner with the fewness of our people , and saith , how insolent soever the english are , they must confess that all the brittish islands laid together , do not equal the half of our continent , either in extent , &c. or number of men , in wealth , in valour , industry and vnderstanding . mr. iames howel in his londinopolis printed anno saith , that in the year , king charles sending to the lord major of london to make a scrutiny of what roman catholicks there were in london , he took occasion thereby to make a cense of all the people , and that there were of men , women , and children , above hundred thousand that lived within the barrs of his iurisdiction alone : and this being years ago , 't is thought by all probable computation that london hath more now by a third part then it had then . in his parallel of london there with other great cities in the world , he observes that the weekly bills of mortality in amsterdam , come but to about a week , whence saith he , it may be inferr'd that london is about times as populous , more dying in a week commonly in london then . and as to the quantity of the people in london , there is no doubt to be made but that if in the year , there lived , within the barrs of the lord majors iurisdiction , there lived then so many more in the other parishes within the bills of mortality , and that there live in this year within the bills of mortality , more then double the number that did in the year ; and at that rate their number would now amount to near two millions . but i am to suspect that there was no such return of any cense of the people within the barrs of the lords majors iurisdiction in the year as is before mentioned , and do suppose that mr. howel did in that point mistake , partly for that i think him mistaken in his allegation before as to the people of paris being returned as above a million of souls at the last c●nse made there , and do as to their number give more credit to the bishop of rhodes , who in his history of harry the th , written since the year , saith in part d , that there were in paris when 't was block'd up only persons , and that there were then retired thence of the inhabitants , so that in those times there were no more then , souls in paris , whereas 't is now believed there are twice as many , and partly because i find it mentioned by the curious observator on the bills of mortality , p. , and . that anno , ann. . caroli . the number of men , women and children in the several wards of london , and liberties , taken in august , . by special command of the lords of his majesties privy-council , came in all but to , and finally because the said curious observator ( for that name i give that author after my lord chief iustice hales hath given or adjudged it to him in his origination of mankind ) having by rational calculations proved , that their dyes within the bills of mortality a thirtieth part or one in thirty yearly , and that there dyes ordinarily there per annum , that if there were there according to howel a million and an half of people , it would follow that there must dye but out of per annum , and that they must live one with another years . there is an ingenious author and that is the author of the present state of england , who tells us in his d part , that in ; there went forth from the queen commissions to muster in all parts of england , all men that were of perfect sence and limbs from the age of to , except noblemen , clergy-men , vniversity , students , lawyers , officers , and such as had any publick charges , leaving only in every parish so many husbandmen as were sufficient to till the ground . in all those musters there were then numbred three millions : but of those fit for war about , . i would scarce desire better evidence for an opinion that the people of england were in all millions , then that millions of males between and were then returned ; for the said observator having by calculation assured us , that there are about as many females as males , and about as many people under the age of as are above it , the said opinion would stand firm and unshaken . there is too another author who much enlargeth the number of the people of england , and that is gerard matynes in his lex mercatoria first printed in the year , and there in cap. . he makes them to be millions and , : but any one will hardly take his word for it , who considers that he there makes the people of scotland to be millions , who are but about one million and reckons parishes in ireland , where there were never more then thousand hundred parishes . but 't is the fate of nations to have their numbers sometimes inconsiderately assigned by considerable authors , and thus it happened particularly to france from an error of campanella who in his discourse of the spanish mochy , c. . saith that france hath in it parishes , and and millions of souls . at this rate there would be in the parishes in france one with another souls , whereas sir w. p. in a manuscript discourse of his , saith , that a substantial author in his treatise concerning france , sets it down as an extraordinary case if a parish in france hath in it souls . we have too an author of great vogue for the politicks , sir robert cotton who in his abstract of the records of the tower , touching the kings revenue hath these words , viz. that london ( which is not the th part in people of the kingdom ) had in it found above , , by a late enquiry by the order of the late queen , meaning queen elizabeth . but so far have we been from enabling our political writers to satisfie themselves in the numbers of our people , that we have not done it yet as to the very numbers of parishes , wherein blunt tells us in his law lexicon that our authors differ ; and we generally reckon them as they were before many new ones have been built . one late writer has accounted the parishes in england and wales to be : and mr. adams sayes in his villare anglicum p. . that he is of opinion that there are about parishes in england and wales not valued in the kings books , and of which he can get no account so as to make the same perfect , and 't will be difficult for him to do it , unless the several persons concern'd in the particulars give an account of it . cambden in his britannia printed anno , when he reckons the parish churches in the bishoprick of durham and in northumberland to be , adds praeter sacella plurima : and saith in yorkshire , parishes besides chappels , and parishes to which many chappels are subject that are equal to great parishes , &c. moreover the grants from the crown of extraparochial titles in several counties , may serve for an indication of great numbers of people that are not inhabitant in parishes , and so likewise may the multitudes of those people who live in forrests , and which places are generally accounted by the law to be extraparochial . the number of parsonages and vicarages in edward the sts valuation , whereof there is a manuscript copy in the bodleian library was about , and into that number the chappels are not accounted ; but of the chappels many since have grown up into parsonages : and this would likewise induce one to think the number of our parishes at this time to be greater then the common estimate , especially when according to the kings books which respect the valuation in harry the ths , time , the number of them is considerably above . but what may seem more strange is that some men of thought and learning have attempted even by calculation , to prove that the people of england have for a very long space of time decreased in their numbers , and particularly the author of a book in quarto called , an account of the french vsurpation on the trade of england , and the great damage the english yearly sustain by their commerce , printed in the year , and writ with excellence of calculation in some parts thereof : and yet that author doth p. say , and i can easily believe that years since , this nation had a much greater stock of people then now it hath , for the rome-scot , or peter-pence which was but one penny a chimney ( granted by offa and ina saxon kings to the pope ) did amount to yearly : and the hearth-money , which is two shillings the hearth ( and one stack of chimneys may have many hearths ) doth not amount to , l . yearly ; whereas if the number of chimneys charged with the romescot had been two shillings a chimney , it would have amounted to , , l. yearly . so that we may conclude there were then more buildings and chimneys , and so by consequence more people . but had that author considered that the romescot or denarius sancti petri was only an annual penny from every family or houshold , and that it amounted to marks and a noble yearly , as blunt says , by that reckoning it would have appeared that there were not then in all england families liable to that duty , whereas there are now above a million of such families : so that now the people and families of england are twenty times as many as they were then , which agrees pretty well with my lord chief iustice hales's reckoning . that great person in his primitive origination of mankind , yields that the people of england are at least millions , and doth too in page , say , that he doth not know any thing rendred clearer to the view , then the gradual encrease of mankind by the curious and strict observations on the bills of mortality : and doth very elaborately make a comparison between the numbers of the people in glocestershire , and particularly some great towns and burroughs there , as thornbury and tedbury as they were at the time of the making up of domesday book and as they now are , and shews , that there are very many more vills and hamlets now then there were then , and few villages or towns or parishes then which continue not to this day , and that the number of inhabitants now is above times more through the general extent of the country then at that time : and afterward saith , if we should institute a later comparison , viz. between the present time and the beginning of queen elizabeth , which is not above years since , and compare the number of trained soldiers then and now , the number of subsidy men then and now , they will easily give us an account of a very great encrease and multiplication of people within this kingdom even to admiration . it would be no difficult thing to fortifie the observation of the great gradual encrease of the people , and particularly of those in the parishes of glocestershire , by the shewing the encrease of their worth and riches in the several publick valuations , and their present real value , from whence their growth in the numbers of their inhabitants may be well inferr'd ; as for example in edward the sts valuation , tedbury is valued , ecclesia de tedbury . m. i. e. marks , and in harry the ths valuation , is valued at l . s d , and is now worth about l. per annum . thornbury in edward the sts valuation is valued at marks and a half , and in harry the ths to l. s . d . and is now worth about l. per annum . berkley in edward the sts valuation comes to marks and a half , and in harry the ths to l. s . d . and is now worth about l. per annum . i have instanced in these places , as referred to by hales , and shall here as to gloster only further observe , that there are more places in the decanatus glocestriae in harry the ths valuation , then were in edward the sts : as for instance , edward the sts valuation doth in the rural deanry of glocester comprize churches and a chappel , but harry the th doth in the deanery contain above churches and a chappel . i shall here corroborate his lordships remark of the encrease of families in another town in glocestershire , which he calls dursilege , and which is in edward the sts valuation called dursly , and valued as a rectory there at marks per annum , and in harry the ths as a rectory at l. s . d. and is now let for l. yearly . i have observ'd a suitable difference between the former valuations of other livings in that county and their present real values . his lordship having before justly acknowledged that it was a laborious piece of work to make a calculation of the number of inhabitants at this day throughout england ; did however in a way very worthy of his great judgment adapt his estimate to the extent of one entire county ; for had he gone less , and restrained it to this or that parish , the gradual encrease of the people there , might have fallen short by particular accidents ; and to this purpose we have it in mr. bentham's christian conflict , p. . that mannors in northamptonshire have been enclosed with depopulation , and have vomited out their former desolate owners and their posterity . many ingenious persons have applyed their thoughts to several ways of calculation whereby to discover the total of the number of the people in england , and in the investigation thereof some concern'd in the management of the hearth-money have reckon'd that in england and wales the number of hearths of rich and poor is millions and hundred thousand , and that at a medium there are between and persons to a hearth , and accounting but persons to a hearth , they suppose that at that rate the people of england and wales will appear to be millions . the slowness of believing great things which is incident to humane nature , and my inclination to desire that any thing may be proved to me by ocular demonstration , where the subject matter will bear it , do make me as to any of the greater forementioned quotas of the people of england contended for by calculators , to reserve my judgment till some such accurate survey hath been made thereof , as i have heard sir w. p. that mathematical stat●s-man wish for . but this i will venture to affirm , that by what may be observed out of the returns on the late pole-bills , and the bishops survey , 't is very highly probable that the total of the number of the people here will upon any actual view hereafter to be made by publick authority , appear very considerably greater then any cautious calculators have made it . another account of the same great quaesitum was sent me into the country from a gentleman of london , who acquainted me that he received the same from a very knowing and ingenious person whom the late lord treasurer , as great a master of the science of numbers as perhaps ever any that acted in that high sphere of state , employed to effect an impartial return of the number of the people in london and in middlesex , and every other county both in england and wales , and the total resulting from them was as i cast up the same , , . but i judge that this account was not taken upon ocular view of the several counties , but by way of estimate not absolutely perfect , and by calculation or comparing several former accounts together . there is no doubt but the most satisfactory way that we can at present take for our estimates , and whereby we may trace the numbers of the people from somewhat that looks like matter of record is , as i hinted , from the returns on the pole bill and the bishops survey . and as to the poll-money of anno , hundred thirty seven thousand pound was the gross charge : and if on the consideration of counties whereof the charge was not returned , as buckinghamshire , durham , northumberland , kent , oxon , north wales , brenoc , radnor , glamorgan , pembroke , ( of which the proportions in numbers with the counties return'd are not hard to be calculated ) and of the omissions perhaps through partiality whereby great numbers of persons chargeable were not returned , and withal on a supposal that there had been in the act no qualifications and exceptions of many persons from being charged , and particularly of persons under the age of sixteen , and of paupers , &c. we may further venture to make the total chargeable to be , l. and every one paying for his head , there would then apppear times as many people , i. e. millions . i know that out of such a sum as , l. supposed chargeable , it will be obvious to consideration that what was paid by the nobility and by titlers and officers must be substracted : but when it shall be likewise considered that in that poll-money that of the peers paid into the receipt , came to but l. s . d . and that perhaps as much went beside the nett of the receipt under the notion of imaginary paupers , and by persons not return'd ; as came into it from the officers and titlers , and that the persons excepted under the age of were about a moiety of the people , the supposition of , l. chargeable by way of capitation will not seem so strange as at the first view . the great difficulty of having the total of the people chargeable by any poll-bill exactly and impartially return'd , appears in the case of a polltax in holland . the author of the interest of holland mentions that anno , the tax of poll-money was laid on all the inhabitants of holland , and none excepted but prisoners and vagrants , and those that were on the other side the line , and all strangers , and that then there were found in south holland no more then souls , though yet the commissioners instructions were strict for the making true returns , and the particular returns are thus registred in the chamber of accounts , viz. dort with the villages , . harlem with the villages , . delft with the villages , . leyden and rynland , . amsterdam and the villages , . goud with the villages , . rotterdam with the villages , . gornichem with the villages , . schiedam with the villages , . schoonhoven with the villages , . briel with the villages , . the hague , . heusden , . in all . and supposing that west friesland may yield the th part of the inhabitants of south holland , it would amount to . in all . the author there delivers his opinion , that many evaded the being return'd on that poll , and that the number return'd was very short and defective , but adheres to the account of them being now as is before mentioned , viz. millions hundred thousand . and this as it doth in some measure fortifie my foregoing notion of the prodigious growth of the people of holland under the reformation , so it doth likewise afford an instance of the partiality used in the returns of the numbers chargeable in poll-money . but that which doth chiefly induce me to believe the total of our numbers may very much exceed the sentiments of cautious calculators in this point , is the result of the bishops survey , which was made for the province of canterbury , and wherein none under the age of communicants or were return'd , and but very few servants , or sons , and daughters , or lodgers , or inmates of the people of several perswasions of religion : and the thing endeavour'd was that the heads of families or house-keepers , i. e. man and wife might be truly return'd ; and at that rate , the total at the foot of the account for the province of canterbury is , , , the which according to the forementioned currant rule of calculation to be necessarily about doubled on the account of the people under , makes the total of the souls in that province to be millions , hundred thousand , hundred seventy two ; and the province of york bearing a sixth part of the taxes , and having therefore the th . part of the people that the province of canterbury hath , which is , , that being added to those of canterbury , makes millions , a hundred ninety nine thousand , five hundred sixty seven : and since 't is apparent that not more persons were returned in that survey then did really exist in nature , and live within the province as return'd , it will hereafter seem a very unnecessary thing and indeed absurd to question whether the people of england were not then at least , , . but since it appears by the inspection of that survey , that there was so vast a quantity of places that made no returns at all , some of which presently occur'd to my view in the cursory reading and taking some few notes thereof , and without my designing to make any collection of all the places that made no returns , as for example , in the arch-deaconry of colchester , parishes made no returns , and in the decanatus tendring twelve parishes , in the decanatus colcestre seven parishes , in the decanatus lexden ten parishes , in decanatus witham eleven parishes , in the arch-deaconry of middlesex and decanatus braugling and harlow fourteen parishes , in the decanatus dunmo● parishes , in the decanatus henningam parishes , in the decanatus of middlesex parishes ( some of which were st. clements danes , st. mary le bow , vxbridge ) and in the arch-deacony of london st. bartholomew exchange , are therein express'd to have made no returns ; it may hence seem rational for any man to suppose in general that the number of the people of england reverâ is very great beyond the said total of , , . and that it would have risen to a much greater number if exact returns had been made of all the heads of families in england and wales ; and much more if all persons in all families above the age of had been return'd . but yet according to the returns that were de facto made in that survey , i observ'd that in some , where the totals for counties were cast up , that they doubled the totals of the people return'd for the same counties , upon the poll act of . as for example , the poll for devonshire and cornwel was fourteen thousand three hundred pound ; and the number return'd for those counties by the bishops survey was two hundred and thirteen thousand , doubling which number for those under the age of communicants there , makes souls there ; so then the l. at d. the head makes there shillings , or persons at d. a head , to which as i shew'd the number in the bishops survey is double . and further to shew the omissions of great numbers of people , returnable in that survey , i shall acquaint your lordship that in the year . in the which the bishops survey was made , there dy'd within the bills of mortality . and according to the rule of in . there yearly dying , there will be suppos'd to have then liv'd there , . and the total of the people return'd of all persuasions of religion above the age of in the whole diocess of london in the year . was , . and the doubling of that number for those under the age of in that diocess , makes the total of the people there then to be , . but here it is to be considered that tho the peculiars of the arch-bishoprick of canterbury in london were de facto return'd then within the survey of the diocess of london , yet the great and populous parishes in southwark and others in surry within the district of the bills of mortality , were not return'd with any respect to the diocess of london , but were in that survey by the bishop of winton return'd as belonging to his lordships diocess ; and that in a late year of ordinary health , viz. in anno . there dyed in the parishes in surry , that are within the bills of mortallity . and therefore according to the rule of the th . part then dying there , it is to be judged that there then lived there , . and therefore we being to substract that last mention'd number out of the , , then the number of all the souls in the other places in the bills of mortallity will be , . and so at that rate the number of all the souls within the whole diocess of london , will be but , more then those that were in the other places within the bills of mortallity , the which diocess takes in all the other places in middlesex that are without the bills of mortallity , and all essex , and part of hartfordshire . and to conclude this point , the omissions of great parts of the numbers of the people , and particulary of sons , daughters , servants , being supposed to be in other places proportionable ; i am hence induced to believe that on the occasion of any actual and exact survey of the people of england to be made , their number will rise to a greater height then what it hath been advanced to by the most judicious calculators . and now if after all this , one should tell me that any vast encrease of the numbers of the people of england beyond the quota supposed by cautious calculators , is incredible , and to be added to the number of things incredible ; i will answer him out of salust , incredibile est memoratu , quantum adepta libertate , in brevi romana civitas creverit ; and will tell him , that 't is almost incredible to relate how much we have gain'd by our abandoning popery and its incredibility , and the almost incredibile as well as intolerable servitude , that the papacy so often oppressed both our kings and people with . we are told by the observator on the bills of mortallity , that anxiety of mind hinders breeding , and from sharp anxieties of divers kinds hath the protestant religion rescued english minds , and from their former daily yariness for their daily bread , and their fears of being arbitrarily dispossest of it . what princes ( as i may say ) are the english infantry , and even the boors of holland to the pesants of france , who with chains on do propagate their species , and servitude it self ? and what pity was it that commerce which with its infant smiles cheer'd our isle in the reign of edward the th . was almost frighted away from it by the frowns and arbitrary practices of queen mary ; and that after that edward the th . consulting the advancement of our trade had legally suppressed the corporation of merchant-strangers , and null'd their monopoly ; queen mary endeavour'd the suppression of our native merchants , and that too by illegal impositions . it is not denyable that in the fourth year of her reign she did lay an impost upon our cloth : and one who had been a iudge of the realm , and who had no spight to her story mentioning it in his book call'd , the rights of the people concerning impositions , saith there , this religious prince inviron'd with infinite troubles in the church and commonwealth , and impoverish'd by her devotion in renouncing the profits of the church lands that were in the crown , was the first that made digression from the steps of her worthy progenitors , in putting on that imposition without assent of parliament : and the same author in pag. . mentions another unjust imposition of hers on gascoyn wines . and her expulsion of the dutch church and their pastors from london , and her canselling of the legal priviledges that edward the th . ( for himself , his heirs and successors gave them , and other strangers by his letters patents , was an arbitrary blow given to the trade of the kingdom in general , and of that city in particulars ; the copy of her proclamation for the expelling them is printed in fox , in which they are stiled , a multitude of evil disposed persons being born out of her highnesses dominions in other sundry nations , flying from the obeysance of the princes and rulers , under whom they be born , some for heresie , some for murther , treason , robbery ; and are there further represented as such , whose secret practices have not fail'd to stir her highnesses subjects to a rebellion against god and her grace , &c. but secret traitors they were found by the realm , and secret they were left by it . two of them were iohn a lasco , uncle to the king of poland , and peter martyr , that were thus sent out of the realm with sanbenitos on : and so far were our popish ancestors from hospitality to strangers , and thereby unawares entertaining angels , that they made devils of them , and as such used them : and to make amends to the multitude of forraign artists for the gold they brought here , they had the dirt of shams thrown at them by a proclamation . and as if not only the biting , but the very barking of mad doggs had power to make others mad , she grew so enraged by the books of heresie and sedition , printed in forraign parts and here imported , that she publish'd a proclamation printed likewise in fox , wherein she declared to all her subjects that , whoever shall after the proclaiming hereof be found to have any of the said wicked and seditious books , or finding them do not forthwith burn the same without shewing or reading the same , shall in that case be reputed and taken for a rebel , and shall without delay be executed for the offence according to the order of martial law. but nothing can palliate the arbitrariness of queen mary's proclamation , for the exercising of martial law , but that she thought her reign a time of war , and perhaps not altogether improperly ; for that hereticks have the title of hostes given them by popish masters of ceremonies . there was another reason that induced queen mary to use the arbitrary power , that her popish predecessors did not , and that is this : the people of england in the days of popery were like to the three fools in lipsius , that being ty'd together by a twine thread , went whining about the house , and consenting that they who would unty the knots of it , should have what money from them they pleas'd : and thus were our foolish ancestors innodated with papal censures , and the priests did but arbitrarily ask and have their rewards to absolve them . but that queen finding that the reformation begun had proved physick to cure those idiots of their dull stupidity , she therefore supposed that the fools who before were held by the twine thread , must then be bound to the good behaviour with chains . in fine , by these three important acts of arbitrary power ( the which presently occurred to my remembrance out of her story , and without my troubling my self to rake for more ) she gave the alarm to her subjects newly after their eyes had been opened , and their hands unty'd by the reign of k. edward , that they were to expect no free trading where there was no free living , and to hear nothing but the dying groans of liberty and religion . so very exact indeed is the frame of our english government , and of the soveraignes power and peoples liberty therein , that as in an arched building , if one stone be removed from it , the whole is immediately endanger'd , and nothing could probably have saved it from ruin , but the restoration of our law as well as gospel , by such a reign as queen elizabeths , who was so far from the exercise of arbitrary power on her good subjects and friends , that she did it not on the worst , nor on her enemies . one would have thought that after the many attempts against her life , and after the forementioned threatning letter of campians , which notifies that the iesuits had entred into a covenant or association to kill heretical princes , &c. that she might have been provoked to have declared that order by a proclamation to be hostes , a thing that she or any protestant crown'd heads might do without violating the laws of nations in reference to those forraign princes that were their allies , and to whom any of that order were subjects : a thing not only consonant to the jus gentium , but to our lex terrae as it was resolv'd in cambden's elizabeth ; by the lord chief justice catelin , who being ask'd , whither the subjects of another prince , confederate with the queen , might be held for the queens enemies ? answer'd , that they might , and that the queen of england might make war with any duke of france , and yet in the mean time hold peace with the french king ; and a thing that if done , would have tended more to their extermination out of this or any country perhaps , then all other laws against them , in regard that it would have more effectually bereav'd them of the benefit of correspondence , aids and assistance from thence ; all subjects being every where by the law rendred traytors , who correspond with , or give aid and assistance to declared enemies . nor would the term of hostes bestow'd on such be more then a retaliation ; and to this purpose mariana makes the people authoriz'd to proclaime a king upon occasion , to be a publick enemy : and so likewise lessius even in his book de iustitiâ & jure , saith , that a tyrant is to be declared an enemy by the common-welth : and thus parsons alias doleman in his book of the succession , part . cap. . terms an evil king an armed enemy . the term i mention'd before of inimicus homo is certainly proper enough for those that sow such tares in the world as the iesuites do , and make not only lollards of ordinary hereticks , but as the commenter on the epitome of confessions , otherwise the th . book of decretals tells us in commendation of all the iesuits in these words , tyrannos aggrediuntur , lolium ab agro dominico evellunt . i shall here observe how in the year . the hollanders and others of the states of the vnited provinces did publish an edict , that none of the bloudy sect of the jesuits , or any that gives himself to study at this time among the professors of that sect , whether he be b●rn in any of the provinces that are confederate , or be a forraigner crept secretly into the same province , should longer remain there then the time prescribed , under the pain of being accounted and kill'd for an enemy . but that magnanimous queen did as much think it inglorious for her to employ her anger in such a proclamation on such firy pedants , as i believe our potent neighbouring monarch , whose name will look as great in all ●uture story , for mighty dilligence , and for exact prudence in the conduct of his affairs of state , as for the success of his arms , would to honour with the title of enemies such little great talkers , who here in the coffee-houses arraign his political measures . and the truth is , as it is not worthy the grandeur of princes , who are heavens vice-gerents to squander away its thunder , in experiments on shrubs and mushrooms , or on slight grounds , to call any of slight mankind , and who are of no name , by that dreadful one of enemies , a name that the impotent passion of subjects makes them so familiarly vex one another with , and thereby shews them not such fit depositaries of heavens artillary as soveraigns are ; so is it extremely unbecoming the glorious height to which the doctrine of the cross hath exalted humane nature , for men ( as i may say ) to de●cend from heaven to earth for dirt , and to hell for fire-brands to throw at one another , and petulantly to call those that were sometime aliens and enemies in their mind , &c. always such after the divine reconciliation , or even to manage the most lawful and just war , sine quadam bene volentiâ , as st. austines words are , or to think that they can justly assume the great name first used at antioch , and yet retain a constant and stated enmity against any person whatsoever ; for according to the excellent saying of tertullian , christianus nullius est hostis . but the bosome of that wise princess was no resting place for anger , and all the popes thunder could not discompose her ; and as in all games they who in their play retain a constant equabillity of mind , are generally most successful ; so was she in the great political game she play'd , by being semper eadem ; and the papal excommunications seem'd to her as despicable , as the curses of loosing gamesters : and i doubt not but by her prudent and just administration of the government of church and state , she hath laid the foundation of the english nations being semper eadem in the royal line , and of the protestant religions being so too , and that no delendam fore can issue out against either ; ( humanly speaking ) and that any popish successor that can come here will find it his interest to use the politicks of queen mary , as a sea mark to avoid , and queen elizabeth's as a land mark to go by ; and it being clear accordingly as sir w. p. in his manuscript discourse called , verbum sapienti , demonstrates it , cap. . of the value of the people , that each head of man-kind is as certainly valuable as land , that the many strangers who have transplanted themselves hither need never fear that they will be so undervalued as in the marian days . the families of french protestants that have lately come here have filled . of the empty new built houses of london , and have given us too an occasion of entertaining angels in those untenanted houses whose ruinous appearance before made them seem to the vulgar such as they call haunted ; but from which no prince can ever think of exorcising the inhabitants without conjuring away his own revenue , of which about one moity depends on that city , and where the rents , tho fallen as i say , would yet have been much lower but for the tenancy of these forreigners , and the expectation of others . there is a very great president in our english story , and that is of a prince of the popish perswasion , and yet one who was a sharp persecuter of the extravagances of the power of the pope and his clergy , and one who by the introducing of forreignors here to manufacture our wooll saved the life or being of the nations trade , which his predecessors had left in a gasping condition , and one who by his patronizing of wiclif sufficiently shew'd that if those forreigners had been wiclifists , he would yet have been a fautor of those hereticks , and one who more disoblig'd the pope by seizing on the lands of the alien o●thodox clerical idlers , then he could have done by the entertainment of many heterodox lay alien manufacturers . 't is needless to say that i here mean our great edward the third , of whom and of queen elizabeth , the prudence was as memorable , as of any princes that ever sate on the english throne ; and i will never despaire of any heroick prince here , of the roman catholick perswasion , with his scepter upholding the trade of the kingdom , as those two great names did , and that too by the same methods , if ever he shall come to find it in the tottering conditon that they did ; and it may be well supposed that the experience the kingdom hath since gained under king iames and the royal martyr , and his present majesty , of the publick benefit that hath arisen from the reception of forraign artists , who have been heterodox in some ritual points about our religion , will make their expulsion seem a solecisme : and every sagacious person will ( i believe ) accord with me that the spider hath done much more good to humane kind by furnishing it with the invention of weaving , then harm by any thing of poyson . i shall be glad to know from your lordship , whether on your search among the records of state , either in the exchequer or paper-office , you can find foot-steps of any thing like those returns of the numbers of the people in london mentioned out of howel and cotton . i am sure that the knowledge of the numbers of our people ought by statesmen to be accounted their 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , and in this conjuncture , as the opus diei , and to pass no longer for a 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , and that those of them who take their measures either of the publick strength or revenue without respect to this , are but state-e●thusiasts , and such who in their reckonings do according to our common phrase reckon without their host , and do not govern their politicks by the arithmetick the scripture suggests , in the question of what king goeth to make war against another king , sitteth not down first and consulteth whether he be able with ten thousand to meet him that cometh against him with twenty thousand ? bodin in his de republicâ , speaking of the numbering of the people , saith , that the benefit that redounds to the publick thereby is infinite : and that thereby princes and states know what souldiers they may have , and what numbers they may send abroad to collonys . i have been informed by a person belonging to the custom-house , that near . persons have had their names entred as gone out of the ports of london and bristol , for our plantations in a years time : and no doubt but the number was great that then went away thither from other ports , and likewise of such that went from london and the out-ports , whose names were not entred . but i was not a little surprised of late , when i read it in a book newly printed , called , the negros and indians advocate , and dedicated to the lord arch-bishop of canterbury , where the author pag. . speaking of the kidnappirs trade or mistery , saith , a trade , that t is thought carrys off and consumes not so little as . out of this kingdome yearly , which might have been a defence to their mother country , &c. 't is certainly a sign that we are very rich in the number of our people , when we can endure such a quantity of them to be yearly stolen , without the pursuit of a hue and cry. yet in this point scotland is reported to be somewhat more unhappy then england , for those who go hence for our plantations do contribute some way to the trade of the kingdom , and many of them return hither again ; but mr. roger coke in his book called , englands improvements , pag. . saith , it s believed above . of the kings scotish subjects yearly go out of scotland into poland , sweden , germany , france , holland , and other places , and never after return into scotland : and that author having before in the same page mentioned , that l. given with an apprentice to be instructed in the woollen or any manufacture , by which means be afterward earns l. per annum , this in . years becomes l. &c. which is more valuable to the nation then if l. had been given it , and the people not employed : thereupon he afterward computes , that the benefit which might accrue to the nation by employing so many thousands of the scottish subjects there might in . years time be above millions . and according to the opinion of that worthy gentleman , we may further be inclined to think the number of the scots removing into forraign parts to be very great , when we find among sir iohn denhams poems , one with this inscription or title , on my lord crofts , and my iourney into poland , from whence we brought l. for his majesty , by the decimation of his scotish subjects there . but moreover the satisfying the inquisite genius of our people , concerning the greatness of their numbers , may be of some importance to them and the publick quiet , in satisfying them of the vanity of the former moddellers of a republick here , a form of government tho easily supposed practicable in large cities , yet not so in great and populous nations ; and likewise of the vanity of all fears of a vniversal monarchy , bridling the world again , a thing which though it was of old feasable , when mankind made not so mighty a mass , is now far from being so . 't was easie to imagine it possible , and indeed to effect it in the days when aristotle taught men , that no city ought to have above . citizens ; and when , however the number of citizens was grown at athens to . and when in the roman empire the number of the citizens was not so vast as is by many imagined ; and so accordingly the excellent discourser de magnitudine romanâ lipsius , lib. . cap. . then speaking of the multitudo romanorum under augustus , saith , ipse de se in lapide ancyrano clare hoc dicit . in consulatu suo sexto lustrum condidisse : quo lustro censita sunt civium romanorum capita quadragiens centum millia & sexaginta tria , i. e. four millions and a hundred thousand : and lipsius afterward mentioning , that the number of the romans encreased under claudius cites tacitus for making it then sexagies movies centena sexaginta quatuor millia , i. e. about seven millions . there is no doubt but the people of the provinces did vastly exceed that number ; but since according to the estimate of bodin in his de rep. 't is probable that the roman empire , when at its greatest extent in trajans time , scarce contain'd the thirtieth part of the world , and that the prolifit north stiled generally by authors officina & vagina gentium by the encrease of its populacy , so humbled the roman sword , that within about . years afterward some of the roman emperors became their allies , and gallus submitted to pay tribute to the goths , t is no wonder that the thirtieth part of the world was since reduced to cease from domineering over all the other parts of it : and notwithstanding maximines boast to the senate in the fragment of his account to them of his german successes , cited by iul. capitolinus in his life , tantum captivorum abduxi ut vix sola romana sufficiant , his resvery of the immortality of the roman power on the stage of the world was liable to confutation from the same way of arguing , as his conceit of his own immortality was ; which having been observed to have tainted his fancy on the occasion of his great and robust body , the same capitolinus in his life saies was corrected by a players reciting these lines on the stage in his presence : qui ab uno non potest a multis occiditur , elephans grandis est & occiditur , leo fortis est & occiditur , tigris fortis est & occiditur , cave multos si singulos non times . but what i find by lipsius in the second book , third chapter there cited out of tertullian is much more applicable to the present state of the world , then to that wherein t was writ : he saith there , at tertulliani locum non insuper habeo , qui egregie asserit copiam hominum , cultumque orbis in suo , i. e. severi saeculo . de animâ cap. . certè quidem ipse orbis in promptu est , cultior de die , & instructior pristino . omnia jam pervia , omnia nota , omnia negotiosa . solitudines famosas retrò fundi amaenissimi obliteraverunt : sylvas arva domuerunt : feras pecora fugaverunt : arenae seruntur , saxa panguntur , raludes eliquantur . tantae urbes quantae non casae quondam . iam nec insulae horrent , nec scopuli terrent : ubique domus , ubique populus , ubque resp. ubique vita . summum testimonium frequentiae humanae , onerosi sumus mundo . vix nobis elementa sufficiunt , & necessitates arctiores , & querelae apud omnes , dum jam nos natura non sustinet . then adds lipsius , nihil impressius dici potest de pleno frequentique orbe . and that strong and populous nations conspired to break their chains hath nothing of wonder in it ; and the truth is , the freedom the world has gain'd since the decay of the roman empire , and even by means thereof , hath hung out such a picture before all mens eyes , of populous mankind , drawn to the bigness of the life , as has made the notion of erecting another vniversal monarchy , seem but a portraiture of imagination , containing nothing but bold strokes of colour , without regular proportion and design ; and the copying only a landskip of the devil's mountain , and his shewing thence all the kingdoms of the world. how is the world ashamed now of its having been in the last foregoing age , amused with the thoughts of the king of spain's being its catholick monarch , and of having tormented it self with jealousies about such a great nothing : and which i believe was never modell'd in the fancy of that prince , and was only projected by court-sycophants , and mercenary writers ; and that he himself never enter'd any express claim to it , one would think who reads the duke of buckingham's answer to the spanish embassador's informations , &c. anno . where the duke having aggravated some state-practices , the spanish minister adds , and is not this a proclamation to all the world , that they aspired to such an absolute monarchy as so many books , stories , discourses , and the general complaints of all princes and states have long charged them with ? but for such writers as i last mention'd to flatter a prince with insinuations of the greatness and extent of his power , is not more unusual then for mendicant poets to over-act their part in panegyricks , or for the celebrators of any particular bright beauty in verse , to represent her as the empress of all hearts : and thus the famous campanella after he had made his present of the universal monarchy to spain , sent it too a begging into france , as appears out of arch-bishop laud's book against fisher , pag. . where he saith that lately friar companella hath set out an eclogue on the birth of the dauphin , and that permissu superiorum , in which he saith , that all the princes are now more affraid of france then ever , for that there is provided for it , regnum universale , the vniversal kingdom or monarchy . the words there are in the margin , quum gallia alat hominum , ex singulis centenis sumendo unum collegit strenuorum militum stipendiatorum commode perpetuoque , propterea omnes terrae principes metuunt nunc magis a gallia quam unquam ab aliis . paratur enim illi regnum vniversale . f. tho●ae companellae ecloga in principis galliarum delphini nativitatem ; cum annot . discip . parisiis . cum permissu superiorum . yet with a non obstante to the politicks of campanella , and his pittyful great flatteries , i shall venture to pronounce the great french monarch , who is certainly as great a prince in the intellectual world , as in the other , and is truly by the bright sun of reason non pluribus impar , no designer of taking the dimensions of the whole globe of the earth with chains ; and do think the most christian king , out of his royal prudence , less inclined to favour the servile flatterers , who would set him up to be king of christendom , then was formerly the catholick monarch to encourage those who render'd him aspiring to be the vniversal one : a title which according to the excellent saying of mr. cowly in his brutus , none can deserve , but he who would refuse the offer . nor do i doubt but that if ever the greatest prince in christendom should be abandoned to the vanity of attempting the particular conquest of great britain and ireland , his power in the ballance of the vvorld would as soon and as sensibly grow insignificant thereby , as did the king of spains ' , by the design of . and as the fate of the great temporary disturbers of mankind hath been their constant augmentation of their own expences , ( which was a just pecuniary mulct from heaven on their ambition for their encrease of the charge of divers nations in the posture of defence , ) so is it likely to be more and more to the end of time : and it was sufficiently exemplified in the result of the pope's and king of spain's politicks in , which reduced them to attempt the remedying of the prosu●ion of their treasure by sending ( as i may say ) canonical waste-paper to the west-indies , and the loss too of their cargo of that , as appears by malynes in his lex mercatoria , where he saith , pag. . that in the year , pope sixtus quintus caused two ships to be laden out of spain for the west-indies with a . buts of sack● , little chests containing each of them three ordinary small barrels of quick-silver , weighing l. apiece , to refine the silver withal in the vvest-indies ; and a great number of packs of printed bulls , and pardons granted at that time to make provision against hereticks , because the year , had so much exhausted the treasure of spain . these two ships were met with at sea by captain vvhite ( who was laden and bound for barbary ) and brought into england by him , where the commodities were sold : but the popes merchandise being out of request , and remaining a long time in ware-houses at the disposal of queen elizabeth , at the last at the request of her physician doctor lopez , she gave all that great quantity of bulls to him , amounting to many thousands in number : and he and another sent those bulls into the vvest-indies , where they were no sooner arrived but the popes contractors for that commodity did seise on all the said bulls , and caus'd an information to be given against them , that they were infected , as having been taken by hereticks . t was alledged that they were miraculously saved ; but they were lost and confiscated . malynes further mentions , that he was employed to appraise the lading of those prizes , and to certifie what it cost , and what it might have been worth in the vvest-indies according to the rate of every bull tax'd at two rials of plate , and some four , and some eight rials , according to their limitation , every one being but one sheet of paper , and by computation the lading did not cost l. and would have yielded above l. he had before said , that every reasonable soul of the popish religion in america must have one of these bulls yearly ; and that these bulls contained a mandate , that their beds should be sold who would not take off one of them . it seems ( by the way ) that all that treasure of indulgences , bestowed by queen elizabeth on doctor lopez , could not oblige him from designing afterward to take away her life by poyson . but this was the result of the trage-comedy , or rather , farce of . and broyl on the coast when spains invincible fleet that had in it but . seamen , proved the sport of fortune and of the vvinds , and the fatal vvrack of its treasure , insomuch that it could never since ( if then ) aw the world by the number of mariners ; men who love not to be paid with tickets even in this vvorld , and much less to receive them as payable in another , the which is the true notion of paper-indulgences . it is agreed on by all writers , that the spanish armada , consisting of ships then had in it but the number of seamen before-mention'd ( and of those too a great part borrowed from diverse countries ) and land soldiers , which naturally clogg'd its sea service ; for the antipathy between those and seamen in ships is such , that unless the seamen are the major part there , they are apt to look on those as intruders , and as such who stand in their way , and in their light : but in a remonstrance to the earl of nottingham , lord high admiral , from the trinity house , anno . extant in sir iulius caesar's collections , 't is mention'd , that in . the queen had at sea . sail of ships , whereof only were her own , and were of her subjects , and that in the same year there were english ships employed in trading voyages into all parts and countries , to the number likewise of sail , of about tunn one with another , and that all those ships were manned with seamen , that is , the queens forty with , and the , with , and that in the other , were seamen . but it is not unworthy to be remark'd , that notwithstanding the concurrence of providence with the gallantry and numbers of her seamen , and the great event of the confusion of the armada , that made the vvorld so willingly tributary to her praise ; she was so far from giving it any umbrage of her claiming any vniversal empire of the sea , that she as semper eadem , who some years before . ( as we have it in cambden ) had on the spanish embassador's complaining that the indian ocean was sail'd by the english , reply'd , that no title to the ocean belongs to any people or particular man , for as much as neither nature , nor regard of publick vse permits the possession thereof : did likewise after notifie the same thing by her embassador's expostulation with the king of denmark , and that the sea is free for all men , and that princes have no such dominion of the sea , that they can deny sailers the use thereof , no more then of the ayre , according to that saying of the emperor antonine , i am lord of the earth , but the law is lord of the sea ; and she urged , that princes have no iurisdiction of the sea , but of that which is near adjacent to their territories , and that only for the securing the navigation from pirates and enemies : and that the kings of england never prohibited the navigation and fishing on the irish sea , that is between ireland and england , tho they are lords of the coast on both sides ; no less then the dane is of norway and izeland , who challengeth this right to him on no other account . i intend not to awaken any controversie about this matter that is asleep in the vvorld , and if it were not , do suppose that loccenius's distinction in his de iure maritimo , namely the imperium maris vniversale , & particulare , and ancient usages , and the pacta conventa of princes and states might send it to rest . i have only spoke of the fact of the point in queen elizabeths story , who probably foresaw that her great example of advancing navigation , would oblige the vvorld to follow it , and that the claiming an vniversal empire of the shoar , would not have sounded harsher then the pretending to such an one of the sea , an empire as easily drawn in a poets imagination , as a ship usually in a geographer's map , and with the like proportion ; since if the ship were measured by his scale of miles , it would appear perhaps two or three hundred miles long . thus the samed venetian poet sannazarius long since in an epigram of six verses , that begins with viderat adriacis , &c. put the complement of the whole empire of the sea on the city of venice , and was rewarded by the senate with about a of our nobles for every verse ; but they knew better things then to espouse more of the sea , then their own adriatick , and of that too a pope once demanding the original of their right : they returned him an answer very like poetry , that their charter for it , was enrolled on the back of constantine's donation , of which the record was in his custody : they knew that the enclosing the common of the whole sea would have been too chargeable an adventure , and that the dominion of their adriatick was no sine cure , but brought its load of obligation with it , and particularly to protect their subjects and allies there , and to purge it from pirates , and punish delinquents therein . nor could it be a remote consideration to our queen and her whole council , that the securing her particular interest , even in the brittish seas , was liable to difficulty and uncertainty , in regard of the uncertain humor of the seamen her subjects , and of the aptness of all marriners to change their quarters , and embarque in forraign service , sometimes on a capricio of their reputing themselves disobliged at home , and at other times on their expectance of better pay abroad : and accordingly the said remonstrance from trinity-house sets forth , that in a little above . years after . the shiping and number of our seamen were decay'd about a d. part . but tho the world has no universal empire , yet seamen by the moveable scenes of their lise , and their being every where useful and welcome , have the previledge of being universal subjects , and are easily tempted to seek good entertainment in other countreys , if they find it not in their own . what i have before observed concerning the influence of numbers on the government of the vvorld , will make it appear to any man of ordinary thought and sense , that the science of the encrease of the people is not a nice speculation , or an expedient in knowledge to salve phaenomena , but is indeed of much more use to the body politick , then the discovery of the circulation of the bloud is to the body natural : and i may add , that men's now gravely proceeding just in those tracks of policy , that they have read and took notes of out of the classick authors , who writ when there were not so many millions of readers and observers in the world as are now , would be as absurd as is astrologers , taking the measures of their predictions now from the tables of ptolomy , since whose time the equinoctials and the whole systeme of heaven are moved from the position they then had among the fix'd stars , a whole sign or more , and as is some astronomers pertinacy in following the error of aristotle , who asserted the unalterableness of the heavens , because in so many ages nothing had been observed to be altered , when the many experiences of new stars have since confuted the reason that moved aristotle to thing as he did . princes and states will now in the administration of publick affairs find themselves obliged to mend their pace , and no longer travel so unconcern'd through the world as formerly , while now they see the new tides of generation coming in so fast : and no doubt but the great example of the french monarch , and his admirable exact proportioning of his receits with his expences ( the which was so remarkable in that active and expenceful year of . that then his receipts came to , , l. sterling , and his expences exceeded that total but by l. sterling ) and the strong current of his successes will enforce political arithmetick on the world , as the overflowing of nile did geometry . and it will be but natural for us to conclude , that the great encrease of the number of the people here and abroad in the world , must of necessity be fatal to the papacy which has been so long as importunate candidate for a fifth monarchy of the world : but 't is now too late for any one man to be a precarious king of kings , and particularly to think , that after the necessity and populousness of the northern principalities has made them resume their former donations of land to the bishop of rome's hierarchy , that those countries that before broke the old roman yoke by force , will now when better peopled , and stock'd with better brains , be again brought under a new roman one by fraud , and that the omne malum ab aquilone will not be able in that quarter to put an end to that which begins in nomine domini , and that they will not be the rather willing so to do , in regard that the north made the world feel the malignity of both those proverbs by its old well-meant charity to the bishops of rome . and since in the days of popery here in harry the th's time it did pass in rem iudicatam , that the pope had no more power over us by the scripture then any other forrain bishop ; it cannot now but seem ridiculous to scruple whether he can thence claim more authority here than any other forrain prince ; and he who was exploded here formerly when the critical spectators were not so many , for having ill acted the part of a king on our stage of the world , would be thought mad for personating one after the play is over . thus too in a less people world bartolus the famous lawyer pronounced it to be haeresie to deny the german emperor to be king of the vniverse , the which any one would now account madness to affirm . and if in france hundreds of years ago its monarch greeted the pope with the terms of fatuus & amens , for claiming a supremacy in temporals there , 't is impossible he can be otherwise thought there now , prosecuting a claim to supremacy in things ecclesiastic ; for even his pretensions to that the clergy of france have damned in their declaration , by setting a general council above him : and which declaration the great monarch hath there ratify'd by a perpetual and irrevocable edict . and 't is but with a consonancy to the nature of things , that the papal infallibility should be concluded against in that declaration : and since as the author of the policy of the clergy of france relates , the roman catholick church there doth so much swarm with new phil sophers there call'd cartesians and gassendists , whose new philosophy has been there by zealous catholics observ'd to have ruin'd the mystery of the real presence , ( for so the words are in that book ) 't is no wonder if the growth of the messieurs les scavants encreasing with the populacy of that realm , makes any man's belief of his infallibility pass for a degree of madness , accordingly as mr. hobbes , chap. . of man , well observes , that excessive opinion of a man 's own self , for divine inspiration and wisdome , becomes distraction and giddiness : and this probably may be the final result there of the late fermentation about the regalia , &c. and the pope be tacitly thought so as aforesaid , and his power there insensibly evaporate , and without any visible distrubance given to it by the ratio ultima regum : for no prudent person would declaim reproachfully against any of a quiet phrensy , or molest and vex such a one tho living near him ▪ and would much less project the disgrace or mischief of such an one living at a great distance , tho he should assume to himself bigger titles than ever the kings of india or persia did , and call himself son of the sun , or lord of the sea and land ; or like some of the roman emperors , challenge divinity , or be styled dominus deus noster papa . and thus may the pope quietly go on longer to call himself monarch of the world , without being call'd names for it in france , just as the dukes of savoy style themselves kings of cyprus without any gainsaying from the turk ; who likewise did not menace the pope for causing the brother of the vice-roy of naples to be in rome proclaim'd king of ierusalem : nor when that gentleman in requital of that favour from his holiness , caused the pope to be in naples proclaimed caliph of bandas , was the mogul aggrieved thereby . and thus probably too will the enthusiast's who assert a millennium or universal reign of christ on earth , with that quietness and gentleness that the ancient fathers before the first nicene council did , pass off the stage of the world ; but it will seem ridiculous not to bind such fifth monarchy men in chains as mad-men , who have in england and germany endeavoured to bi●d kings so , and nobles with fetters of iron , and who would again make convulsions in the state , by the diseases of their minds , as once mahomet's epileptic fits shook the world , and who by promising us a new heaven and a new earth would confound the old , and only give us a new hell broke loose . but the world will not now be blunder'd into confusion by such wild reformers . in the book of the apocalypse ( of which bodin tells us in his methodus ad facilem historiarum cognitionem , that calvin's opinion being ask'd , he answer'd , se penitùs ignorare quid velit tam obscurus scriptor ) it must be confessed that the majesty of the style is agreeable to that of the rest of the holy text , and that the predictions of the future state of the church , and of its splendor in the world are not grosso modo utter'd , or attended with any irregularity , but on the contrary that god appears there as the god of order , and applying all the exactness of proportion and number , and its very fractions to the great things foretold . after one verse hath accounted the number of the beast to be , the next mentions st. iohn's vision of a lamb standing on mount sion , and with him an hundred forty and four thousand . the bodies of the witnesses are mentioned to be unburied three days and an half . the angels were loosed which were prepared for an hour , and a day , and a month and a year for to s●ay the third part of men. the woman was to be in the wilderness days , and to be nourished there for a time , and times , and half a time . blood came out of the wine-press by the space of furlongs . there were seal'd of all the tribes of israel . and in the state of babylon mentioned in cap. th , where the voice from heaven is heard , come out of her my people , though all the various sects of religion that thrust one another into babylon , will admit of no proportion in their revenge , yet it is there say'd , reward her even as she rewarded you , and double unto her double , according to her works , in the cup which she hath filled , fill to her double . but near the end of that book , where the great scene of the new heaven and the new earth opens , and the vision of the new ierusalem is described , a golden rod was given the angel to measure the city , and the measures thereof are particularized . and tho i pretend not to understand the meaning of any of these obscure passages of scripture , yet one thing seems to me there as conspicuous as the meridian light , namely , that as the divine providence did found the old world in number , weight and measure , so it likewise will the foretold new one. the exactness of the numbers described by st. iohn in that prophetick book written in the island of pathmos , hath assured us that his imagination was much above the vapors that fumed into mens heads in several islands anciently , and made them prophetically fanatick , as gryphiander de insulis mentions , and in his chapter there , de mirabilibus insularum , saith , alibi fatidici specus sunt , quorum exhalatione temulenti futura praecinunt , ut delphis nobilissimo oraculo . homines eo spiritu correpti dementes ac fanatici dicti , quod circum fana bacchentur . but it is confessedly too true , that some of the expositors of this book , and particularly in this our island did too long here bacchari circum fana , and have therefore justly had the name of fanaticks , and may as justly expect that their oracles should be silenced as the delphic was , and that any persons of a sober party drunk with enthusiasme will not be again allowed to make all things reel into confusion . those likewise who did here more cum ratione insanire then the fifth monarchy-men , i mean the assertors of presbytery , and who by the pretence of putting the scepter into christ's hand , projected to put it into their own , will find the numbers of knowing men now so encreased that our world will be more averse then formerly against their offers to mend it by their assuming of regal power . what well willers they were to the mathematicks of stretching out on our church and state , the line of confusion , as the scripture-expression is , and how they thought confusion as commendable a thing , as i mention'd antony's thinking sedition , sufficiently appears out of mr. nyes book i quoted before , where the great architectonical rule for settling a government in the church is rendred to be the destroying its government by law establish'd : and he there names it , viz. tollatur lex & fiat certamen : and thereupon he saith , p. . it was moved by some parliament men friends to episcopacy when it was to be removed , that it might remain till a better government were concluded ; but on the other hand it was prudently considered how while that form stood and had the advantage of the law , there would be no freedom in arguing about it . but i account that the great fundamental principle for the quiet of the world , as well as of a mans own conscience , is contrary to that of tollatur lex , viz. that no man is warranted by any intention of advancing religion to invade the right of the sovereign power , that is inherent in princes , by the municipal laws of their countries . when ever any man quits this principle , he hath made his first step from a precipice : he is fallen from the pinacle of the temple , and has very presumptuously tempted omnipotence to save him , after he hath thus begun to destroy himself , and religion too , and has to heavens secret will sacrificed it s reveal'd . the shaking of this principle is , as i may say , the shaking of the earth ; and as aulus gellius tells us in his noctes atticae that the romans did not know to which of all their gods to offer sacrifice in the time of an earthquake , but did then only worship an unknown deity , this too will be the fate of nations where the lex terrae is shook by enthusiasts , namely that too many people will not know what god to adore , and their pretended illuminations will only serve to conduct them to such an altar , as at athens ground under the subscription to the unknown god , and if perhaps some enthusiastick weak brethren arrive not at the denomination of the forts-sprits applyed in france to atheists , they will be abandon'd to a disposition to close with the next hypothesis of religion they shall meet , whether that of deists , papists , or muggletonians , or mahumetans ; as bodin speaking of the cause of several nations , being fixt in their particular soiles saith , alii longo errore jactati , non judicio elegerunt locum , sed lassitudine proximum occupaverunt . to this purpose our incomparable bishop sanderson in his lecture de ad●●quatâ conscientiae regulâ doth with great weight and a profound pious passion , reflect on the effects of the breaking the establish'd religion in england by our late reformers , and saith , stetit hic aliquamdiu , sed non diu stetit effraenis hominum temeritas , &c. hoc fonte derivata audacia , effluxit tandem in apertam rabiem , & exivit jamdiu in furorem anabaptiscum : & quamvis quo porrò progrediatur vix habet , usque tamen progreditur indies , & nova quotidie parturit opinionum monstra : ut nisi ex sacrosancto dei verbo didicissemus firmum stare fundamentum dei , neque adversus ecclesiam christi praevalituras unquam ex toto inferorum portas , omnino metuendum foret ne vniversa christi ecclesia atheismi velut diluvio obruta , toto orbe funditùs periret . little did many of our deluded reformers when they broke the hedge of the law , think what serpent bit them , and as little did many of their well-meaning followers think , that while their pastors did speak the cause of religion so fair , that at that time the very poyson of the aspes of popery and superstition , was under their tongues , for that no principle hath in it more of the popishness of popery , if i may so say , in the resemblance of the aggravation of sin by it self , viz. the sinfulness of sin , then the legitimation of unjust things by holy ends ; and this too our last mention'd bishop brands in his praelectio secunda de bonâ intentione , where having mention'd that a cardinal telling the pope in a conclave , that somewhat he propounded to be done was not just , and that the pope reply'd , licet non posset fieri per viam justitiae , oportere tamen fieri per viam expedientiae , he goes on thus , nimirum is thoc est sapere ! haec est ex iesuitarum ni fallor officinis deprompta theologia , omnia metiri ex commodo sanctae matris ecclesiae , sacrosancta dei eloquia qua lubet inflectere , nasi ad instar cerei torquere , distorquere , invita cogere in rem suam . and too little do many who justly complain of popery's having supported it self by arbitrary power on earth , reflect on their having supported that power against earth , and even against heaven it self , and that the fumes of their enthusiasme do vainly try to erect a pillar of smoke against heaven , as i spake before of the iesuites morals , setting up one of ignominy against it , and that it is an unlucky part of the arbitrariness of popery to transplant some of its odious principles among other sects , as the devil can at pleasure transform himself into an angel of light . the general received notion of superstition is , that 't is a needless fear about religion , and there is no fear more needless and irrational than that of gods being unconcern'd in its protection ; the which to imagine , is more unworthy of the deity , and a greater tendency to atheism , then was the delirium of epicurus about god's carelesness of humane affairs ; and in relation to which , tully in his de natura deorum having discours'd of one that deny'd the being of a deity , saith , nec sanè multum interest u●rum id neget , an deos omni procuratione atque actione privet : mihi enim qui nihil agit , esse omnino non videtur . he there moreover acquaints us with the origine of the word superstition , saying , that non enim philosophi , verùm etiam majores nostri superstitionem à religione separaverunt : nam qui totos dies precabantur , & immolabant ut sui liberi sibi superstites essent , superstitiosi sunt appellati , quod nomen patuit posleà latiùs ; qui autem omnia quae ad deorum cultum pertinerent , diligenter pertractarent , & tanquam relegerent , sunt dicti religiosi ex religendo , &c. but those things that those antient heathens carefully discriminated , many modern christians as carefully confound , namely superstition and religion , and by the innate pride of humane nature leading men to worship the gods that they make , rather then the god that made them , and which enslaved the ancient jews almost with a continuando to the adoration of stocks and stones , and to the neglect of the worshiping the god that delivered them from the house of bondage ; degenerate christians adore the births of religion in their own fancies , and having there model'd a deity do act over the old superstition with anxious wishes and formal prayers that those their monstrous births may out-live them , and do outgo all examples of the heathen world in the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , immolating nations by war to those children of their imagination ; and thus popish superstition within our memory turn'd ireland into one akeldama , and enthusiastick superstition converted england into another ; and as lipsius tells us , that the gladiatory combats did in some one month cost europe mens lifes to divert the old romans , so fanatical have some that call themselves protestants been as to afford sport and diversion to the new romanists , and even the very iesuits by superstition , having made so many of us gladiators against one another , and as if we were brute animals , we give them the recreation of seeing us like cocks attacking each other with the keenest anger when they please , and give the arbitrary power to the iesuits to make our land their cock-pit . but the set time ( humanly speaking ) for the extermination of the superstition of popery here being come , and the worst thing in popery being its fanaticism , and holy church being the great asylum of that , as our learned dr. stilling fleet hath taught the world in his book of the fanaticism of the church of rome , 't is in vain for popery or jesutisme to save-themselves from the blow of fate by standing behind presbytery . the conclusum est contra manichaeos before mention'd that is now the vox populi , doth with its full cry pursue presbytery as well as popery , for the making duo summa principia in states and kingdoms , and claiming an ecclesiastick power immediately derived from christ and not dependant on the civil : and 't is in vain for any principle , that an awaken'd world pursues as a cheat to try to save it self by changing its name . there is no observation more common , then that popery and presbytery that seem as distant as the two poles , yet move on the same axle-tree of a church supremacy immediately derived from christ ; and mr. hobbs his leviathan might have passed through the world with a general applause , if no notion had been worse in it then in chap. . the making his kingdom of darkness to consist of popery and presbytery . the measures that the genius of our nation inclines it to take of things from experiment , will naturally perpetuate its aversion from presbytery as well as popery . for tho the divines of the protestant churches abroad that are fautors of the presbyterian form of church government , own not the doctrine of rebelling for religion , and tho thus on the occasion of a iesuite's formerly printing somewhat in defence of his order , and alledging that several protestant writers had allow'd the rebelling of subjects against their princes , and instanceth in buchanan and knox , yet rivet the professor of divinity at leiden , in his answer to that jesuite , saith , that all other protestant writers condemn that doctrine ; and he ascribes the rashness of buchanan and knox , praefervido scotorum ingenio , & ad audendum prompto : and tho the persons who in holland and france live under that form of church government , have pretended to no authority from christ to resist soveraign powers , and that the loyalty of the french protestants hath been so signal under all their pressures that d'ossat in his letter to villeroy from rome , ianuary the th , , having discoursed of the horrid attempt against the life of harry the th , acknowledgeth , concerning the hugonots , il's n'ont rien attenté de tel , ny contre lui , ny contre aucun de cinq roys ses predecesseurs , quelque boucherie que leurs majestez ayent faite des dits huguenots : i. e. they have attempted nothing of this kind either against him or against any of the five kings his predecessors , notwithstanding the butchery or slaughter that their majesties made of those huguenots , yet is it too notorious to be denyed that that sort of church-government having in scotland in the time of our former princes been accustomed continually to hold their noses to grind-stones , which was a preparatory way to have brought their heads to blocks , and that nation invading us with a covenant , the very entring into which and the imposing it without leave from the king so to do , and much more against his command , was a thing that perhaps to the associators themselves seemed illegal and contrary to the petition of right , which provides against the administring of any oath not warrantable by the laws and statutes of this realm , there was by that means a coalition between the presbyterian divines of our nation and theirs in principles of enthusiasme and rebellion principles that our nonconformist divines in king iames's time here abhorr'd ; for in the protestation of the kings supremacy made by those ministers and published anno , the conclusion of their th tenet is , that the supremacy of kings is not tyed to their faith and christianity , but to their very crown from which no subject or subjects have power to separate or disjoyn it : and their th tenet is , we hold that though the king should command any thing contrary to the word unto the churches , that yet they ought not to resist him therein , but only peaceably to forbear obedience and sue to him for grace and mercy , and where that cannot be had meekly to submit themselves to the punishment : and their last tenet is , we hold it utterly unlawful for any christian churches whatsoever by any armed force or power against the will of the civil magistrate and state under which they live , to erect and set up in publick the true worship of god , or to beat down or suppress any superstition and idolatry that shall be countenanced and maintained by the same . and i believe none will imagine that those nonconforming divines would take any oath but in the imposers sence , or casuistically advise others so to do . 't is therefore no marvel if our later presbytery being so unconformable to the law of the land , and to the tenets of the former nonconformists , soon grew weary of it self , and did with its horrid visage only face us and march off . your lordship found that in another thing it resembled popery , namely in that it would be all or nothing , and you helped it to the latter part of the alternative . mr. nye who made a great figure in the assembly of divines , hath in that book of his forementioned , p. , helped this age to know how arbitrary they would have been in delivering men to satan ; for saith he there the exercise of discipline in our congregations was ordered by the parliament , but limited likewise to an enumeration of the sins for which we might excommunicate , exempting other sinners that were as much under our charge . this was looked on by the assembly as a great abridgment of their ministerial liberty , and so great as they professed it could not with a good conscience be submitted to , as not being able to perform their trust which they receiv'd from iesus christ , and must give an account of to him , resolving to stand fast in the liberty wherewith christ hath made them free . so ridiculous were those divines that tho no pope ever arrogated a power to excommunicate one , but for the crimes nominated in his canon-law , and tho our church of england never claim'd a power of excommunicating , but for a crime express'd in the kings ecclesiastical laws , yet those froward disciplinarians would have been allow'd to shoot their thunderbolts of excommunication upon a capricio . but not only the parliament but the whole nation in a manner pronounced them contumacious : the people saw how arbitrarily they would have interdicted the whole land from the use of the cup and bread too in the sacrament , and have rail'd in the communion-table with fantastick qualifications , and they soon judged those clergy-men guilty of irregularity , and the rather for that they had engaged so far in causâ sanguinis , and the same sun of reason and knowledge that with the strength of its beams had here put out the popes kitching fire of purgatory , did soon without noise and insensibly confound their dominions in the kingdom of darkness , and those divines themselves found that their destroying episcopacy here , had in effect by the parliaments being their superintendants , enthroned erastianisme , that which indeed their principles led them to hate more then episcopacy it self . mr. baxter in the preface to his second part of the nonconformists plea speaking of presbytery saith , i do not hear of many out of london and lancashire that did ever set up this government , and i know not of one congregation now in london of englishmen that exerciseth the presbyterian government , nor ever did since the king came home , &c. and saith , they have no national assembly , no classes , no coalition of many churches to make a presbytery , and i hear of none ( unless perhaps some independants that i know not ) that have so much as ruling lay-elders . alluding to some expressions before applyed to papists and popery , i may say that the cato's of presbytery came here on the stage , tantum ut exirent , and that government soon had its period here per simplicem desinentiam : 't was obvious that presbytery as well as popery directed men where to stand in a place divided from the civil government , and so to shake the earth : and it appear'd very inauspicious to the model of the covenant , that in its first paragraph , it should stumble upon implicit faith , by swearing to a government and reformation that shall be , and to the preservation of the reformed religion in the church of scotland , in doctrine , worship , discipline and government , the particulars whereof , the lay-covenanters of england , if not the clerical also were far from understanding . and tho in that paragraph the covenant binds its takers to endeavour to advance the reformation of religion according to the word of god ( a clause that sir harry vane declared to a very worthy gentleman now living , that he caus'd to be inserted into the covenant after much debate about the same , and opposition from the scotch commissioners with whom he was interested in the making of it , and thereupon said , that ●e was three days in getting the word of god into the covenant ) yet that covenant having almost extirpated root and branch , those spiritual guides from whom the people might expect a more rational and learned interpretation of the sense of the word of god , then from the presbyterian divines , they were soon sensible of their danger both as to the perverting of the scripture and subverting of the church from the new correctors of magnificat , and found that such an inundation of vile religionary tenets was got into the church , that the houses of parliament ordered the th of march , . to be set apart as a solemn day of humiliation to seek gods assistance for the suppressing and preventing of the growth and spreading of errors , heresies and blasphemies , and that mr. vines on that day preaching before the commons , p. the th of his sermon printed , acknowledged , that that day was the first that ever was in england on that sad occasion , and p. of that sermon mentioned a most detestable thing then broach'd by the press , though yet in the way of query , namely , what is meant by the word scripture when it is asserted that the denying of the scriptures to be the word of god should be holden worthy of death : for saith the author , either the english scriptures or scriptures in english are meant by the word scriptures , or the hebrew and greek copies or originals , the former cannot be meant with reason , because god did not speak to his prophets and apostles in the english tongue : nor the latter , for the greatest part of men in the kingdom do not understand or know them . mr. vines declared his just abhorrence of that insinuation , and saith , if this dilemma be good , what is become of the certain foundation of our hope , or faith , or comfort ? how can we search the scriptures without going first to school to learn hebrew , and greek ? and 't was obvious to every one to consider that if the english scriptures are not the word of god , there was an end , not only of the reformation according to it mentioned in the covenant , but the substantial one promoted by the protestant religion , that help'd us to the treasure of our english bibles , and that we should soon be stranded on the shore of implicit faith. nor could it long be hid from common observation , that those divines who exclaim'd so much against the ceremonies of the church of england ; as an oppressive yoke , would have imposed on us such a rigid observation of the sabbath , the great scene of ceremonies among the iews , as would have made it forgot that it was ever made for man. the thinking sort of men found that tho the principles of those divines did not like the jesuits make calumny no mortal sin , that yet as the adherents to presbytery did calumniate the constitution of the church of england for bordring on popery , and the royal martyr for being a fautor to it , so they did by their censorious tempers transfuse such an acid humour among the people , that very much loosned the nerves of the english good nature , and distorted the english hospitality , and therefore 't is but by a natural instinct that that old pharisaical leven is now so nauseous , that probably any one suspected of an inclination to replant the old presbytery here and its arbitrary power to excommunicate , would too be staked down to a narrower tedder in conversation , and be it as it were excommunicated from gentlemens company , as much as make-bates , or common informers upon penal statutes . the people heretofore found out that as popery endangers men by the priests not intending to make the sacrament of the eucharist when he administers it : so that these , as i said , intended it should not be at all administred but to their own sect , and that the gesture of sitting at the communion that they invited men to , and thereby to their being rescued from the popish posture of kneeling , was but a sort of sham in its way , for that kneeling , was the gesture used in the ancient times of the church , and the first that was ever observ'd to sit then was the pope to express his state. the observing sort of men then judged that as sibthorpe and manwaring had been exploded for going beyond their credentials from heaven , as god's ambassadors , in straining the prerogative of princes , these deserv'd to be so too , for scruing the power of parliaments above law , and for thrusting down the king into the class of the three estates ; and that as sibthorpe was exposed to severe animadversions , from the age for his sermon of apostolic obedience , shewing the duty of subjects to pay tribute and taxes to their princes , &c. and p. . of that sermon , applying the words of curse ye meroz , yea curse them bitterly , &c. to the promoting his illegal purpose ; they deserved to be censur'd for going on too with the alarm of curse ye meroz thousands of times over , when the subjects were slack in paying tribute to one another , to dethrone their prince . they saw that those divines in trying to salve the phaenomena of the oaths of allegiance and supremacy and the covenant that they had taken , were in the course of their theology continually put to it , to deliberate of rebellion , and that their very deliberation of it was ipso facto one , and a thing that included the horror of a mans deliberating to kill his father : and 't was but natural for the people representative and diffusive to fancy it lawful for them silently to resume the power given to those church-men and abused by them , who were always in the pulpit and press lowdly trumpeting forth the iesuitical notion of the lawfulness of the peoples resuming the power given to kings ; and as i shall never fear that the king of spain will ever be able to take the world in a ginne by campanellas advise to him in chap. . of the spanish monarchy to employ divines , to set up the roar of unus pastor and unum ovile every where for the pope , so neither shall i , that mens vociferating the clause in the covenant , viz. that the lord may be one and his name one and in the three kingdoms , will ever again be able to embroyl them . in short any one who shall consider that in scotland presbytery's former kingdom of darkness , the people have been so of late illuminated as to find the way to be latitudinarians , need never have any fears and jealousies of that governments , jus divinum , again marching hither . in the first session of the second parliament of this king at edenburgh , november the th , . there passed an act wherein 't was declared , that his majesty hath the supreme authority over all persons and in all causes ecclesiastical within this his kingdom , and that by vertue thereof the ordering and disposal of the external government and policy of the church doth properly belong to his majesty and his successors as an inherent right to the crown , and that his majesty and his successors , may settle , enact and emit such constitutions , acts and orders , concerning the administration of the external government of the church and the persons employed in the same , and concerning all ecclesiastical meeting , and matters to be proposed and determined therein as they in their royal wisdom shall think fit , &c. and his majesty with advise and consent aforesaid doth rescind and annual all laws , acts and clauses thereof and all customs and constitutions civil or ecclesiastick , which are contrary to or inconsistent with his majesties supremacy as it is here asserted , and declares the same void and null in all times coming . this act of parliament is the more observable for that it declared the extent of the regal power in ecclesiasticks , after that in the year , an act passed there for a national synod under the government of bishops , and for that presbytery which was before like hame , the only body in nature that doth not content it self to take in any other body , but would either overcome and turn another body into it self , as by victory , or it self to dye and go out , was then grown so amenable to the course of nature in all other bodies ( of which one is a glue to another ) that not satisfied with its own former consistence , it did as suddenly , and easily , and quietly receive in the body of episcopacy ( as i may say ) as air takes in light , and as readily as metals themselves receive in strong waters ; and then it was that episcopacy which in the forms of church government seems by its weight as gold among metals ( and indeed all bodies ) to be the most close and solid , did there greedily drink in the quicksilver of presbytery . but tho presbytery then was and now is considerable in the internal part of the government of the church of scotland , and is likely so to be till christ's second coming ( humanly speaking ) with a non obstante to any thing that time can cause , and will be preserved in perpetuity by the means of what my lord bacon calls the drowning of metals , namely when the baser metal is incorporated with the more rich as silver with gold , yet so willing were they in scotland to give to caesar the real supremacy that was caesars , that knowing the protestant religion can be no more there destroyed under any external form of church polity then as i said , gold can be destroyed in nature , they thought it more prudent to trust the crown with a power of melting down that on emergent occasions , and altering the superscription of its coin in infinitum , i mean its outward polity and denominations , rather then that the crown it self should be once more so fatally melted down by any of those denominations as formerly . and as the covenanting divines of scotland by at last consenting that some things in their presbytery ( which whether tolerabiles ineptiae or substantially good , i now enquire not ) should be preserved by episcopacy's being the paramount national church government , have done that which would make it appear ridiculous for them ever again to attempt to replant presbytery and extirpate prelacy as formerly , so likewise have the most eminent sort of our presbyterian divines , who were associated with them , by desiring since the king's restoration to submit to dr. vsher the archbishop of armagh's form of episcopacy , done the self same thing ( over and above their being then reordained by bishops who had before received orders only from the hands of the presbytery ) and especially when it shall be considered that that form of episcopacy as described by that learned and pious archbishop courted them and was refused by them , before our civil war began wherein they were the trumpeters and before three hundred thousand men were slain in england , as mr. carew reynel in his book called the true english interest accounts the number to have been . 't is therefore with the justice of fate that our old presbytery too is gone among pancirolls res deperditae : and if it could be supposed that there was any order of forraigners , whose avowed or known design it was by force or restless artifices and retaining pensioners to revive that government here in spight of our laws , i shall think the term of hostes with justice applicable to them too . but there is another thing beside the coincidence of some of the principles of our presbyterians , with popery , that we have now too loud a call to think of : and that is that the great real part of the danger that we now are in of the inundation of popery , and its idolatrous worship , is to be imputed to their having broke the banks of the regal power , and enforced the royal issue for the safety of their persons to be exiles abroad in popish countries for many years , and where they might be in danger of the poyson of popery conveyed into them in the vehicle of the civilities they received from popish princes after they had been so barbarously treated by their protestant subjects , who after they had by secret whispers calumniated them for being papists here , did in effect by the loud outrage of their actions bid them go and be idolaters there . when i think of the cruelty in the late usurpation they shewed to his majesty in his being thus not led but driven into temptation by his subjects , i am minded of applying to it , part of those words in samuel c. . v. . of david to saul , if the lord hath stirred thee up against me , let him accept an offering , but if they be the children of men , cursed be they before the lord , for they have driven me out this day from abiding in the inheritance of the lord , saying , go serve other gods : as to the meaning of which words , i shall consult no commentators among the critics but shall rather take it from the assemblies notes , and i may say that in their comment on it they write their own commentaries , and they thus à propos say , i am now driven so as i cannot be present in the tabernacle to worship god and enjoy those holy priviledges , but am forced to wander from place to place , &c. saying , go serve other gods , that is , tho not verbally yet really they have done it , and as much as in them lies , they have compelled me to idolatry , by forcing me an exile to fly into idolatrous countries , &c. it cannot have escaped the observation of a person so curious as your lordship , that among the many allow'd ways of punishment among the iews , banishment was not one , and the reason thereof is supposed among the rabbinical writers to be this : the laws of the iews and their religion being the same thing , to have banished men from their country and the benefits of its municipal or civil law there , had been to have banish'd them from their religion and the means of their salvation , and from doing with the iews were so averse that even the excommunicate among them were not removed from all parts of the temple , and were admitted there to a peculiar place . but this cruelty to souls unknown even among the stiff-neck'd , hard hearted iews , was by such christians as pretended to the greatest tenderness of conscience practised toward their soveraign , and that to such a degree that as if they designed that the lords annointed the breath of our nostrils should be only in the infectious air of popery , after they had exiled him from his own protestant realms , they effected by the power of the prevalent faction in holland , that he and his r. h's and their adherents should be banish'd thence also : nay , out of france where the air was less infected with popery , into one more pestilential , i mean into the dominions of spain . if therefore there is any number of men in these realms that owns the old scotch plat-form or presbytery , and the former methods to advance it here who shall be excessive in aggravating our danger of popery , i shall think that herein they practise a great deal of self-denial , and do not consult their own rest while they disturb that of the world , and are of all men the most obliged to speak softly of that subject . but more then enuf hath been said to argue the paucity of the number of such in england . the bishops survey of the number of the perverse opiners in religion ▪ mentions that two or three are called self-willers professedly : and by that number of that sect ( for ought i know ) may be meant so many of the lovers of the old plat-form , and no name can better fit any who would maintain the garrison of an opinion after their commanders have slighted it , then self-willers . but so much gratitude doth popery now shew to presbytery and to those who are call'd presbyterians , that because they magnifie and enlarge the numbers of the papists on all occasions , the papists do the like for them . and because 't is now the mode of many timid protestants to value themselves upon their timidity's , and on the fear of the papists and their numbers being falln upon them , as if christ who commanded his little flock not to fear , could be pleased with his great flock of protestants here being in continual fear of antichrists little one , i shall now entertain your lordship with an account of the present number of the papists here , and some little historical glanses about the gradual decrease thereof in this realm in several conjunctures of time since the reformation , and in every one of which the highest tide of their numbers hath been but introductive to their lowest ebb. of all nations the english are observ'd to be the least addicted either to fear or jealousie . the pencil of nature hath in english minds on the dull and vile colour of fear ( the which is said to be aversion with the opinion of hurt from any object ) laid on that more noble and bright one , which is said to be the hope of avoiding that hurt by resistance , and is called courage : and this age which is so inquisitive into the causes of things , will be naturally apt to abominate that fear that is causeless , or without the apprehension of why or what , and which from the fables of pan ( as mr. hobbs saith ) is called panic-fear : and methinks the very english genius doth now begin to rouze it self up and call on us to weigh our fear , and if we find it just to prevent our being surprized by danger , and if causeless , to abandon it , according to the words of the orator against catiline , si verus ne opprimar , sin fallus ut tandem aliquando timere desinam , and not to contribute to the encreasing the numbers of the papists which has in all times most fatally happen'd ( and that too according to the course of nature ) by the fearing them , according to the instance of the encrease of the number of the iews mentioned in the book of esther , where 't is said , and many of the people of the land became jews , for the fear of the jews f●ll upon them . on the account of our having most justly deserved the visitation of popery we may very reasonably apprehend the danger of it : but the immoderate fear of the plague is so far from being an antidote against it that we use to say , it comes with a fear . and as we have justly deserved to be punished by the rage of popery , so have we likewise to be tormented with those epidemic fears to which we are abandon'd , a judgment mention'd by the royal prophet , where he says , put them in fear o lord , &c. and likewise one concomitant of our fear , namely , the shame we are exposed to for it from the papists themselves . an instance of it occurr'd to me in the reading a pamphlet call'd the seasonall● address of the church of england to both houses of parliament , printed in the tear , but writ by a papist and in the way of sarcasme , where in p. . the author saith , and here i cannot omit to tell you that this partiality of our rigor hath already given protestants the consusion and papists the comfort to imagine that our fears and jealousies of popery which at present disturb and distract the nation , are but the self same sprights that haunted caiphas his house , lay under the jews council-table , and scared them with the romans coming and overrunning their countrey . there have been men of so weak a judgment that they have dyed only with the fear of death , and it is not without all ground that our adversaries now hope that we shall at length turn papists with the fear of popery . but that i am not heterodox in my notion of poperies not being now so formidable , by the strength of its numbers as the timid protestants make it , is sufficiently manifest from the conditional vote of two houses of commons relating to the being revenged on the papists . part of the entertainment i just now promised your lordship , i shall borrow from dr. glanvile , and for it do refer you to his zealous and impartial protestant , p. , . where he saith , in the year , orders came from the archbishop to the several bishops , and from them to the respective ministers and church-wardens in the province of canterbury , to enquire carefully and to return an account of the distinct numbers of conformists , nonconformists and papists in their several parishes , viz. of all such men and women that were of age to communicate , &c. the number of papists there returned was but eleven thousand , eight hundred and seventy . now tho in this account conformists and nonconformists were not so distinctly , could not so justly be reckon'd , yet for the papists they being so few in each parish and so notoriously distinguished as generally they are , the ministers and church-wardens could easily give account of them , and there is no reason to suspect their partiality , &c. in st. martins alone i have heard of twenty or thirty thousand : but the account was taken there and as exact a one as could be , and i am assured by some that should know and had no reason to misinform me that the number return'd upon the most careful scrutiny was about . i have found the like fallings short of the reputed number in divers other noted places . in one city talked of for papists as if half the inhabitants were such , i am assured there are not twenty men and women : in another large and popular one , a person of quality living in it told me , there were at least , but when the enquiry was made by the ministers and church-wardens in each parish , the number was not found to be ; and 't is very probable such a disproportion would be met between the reputed and real numbers in all other places if scrutiny were made . in all the west and most populous part of england they are very inconsiderable . i hear frequently from inhabitants of those places , that in bristol the second or third city of england there is but one , and in the city of glocester one , or two at most : in the other great towns and cities westward scarce any , and those that are in the counties at large are extremely few , thinly scatter'd , here one , and at the distance of many miles , it may be another , &c. we hear of the vast numbers in the north , and there are more no doubt in those parts then in the western : but i believe they are much fewer then we hear , and no way able by their numbers to make any kind of ballance for the exceeding disproportion in the west . the truth is people are mightily given and generally so to multiply the numbers of papists , and they do it in common talk at least ten-fold , &c. and after saith thereupon , god forbid , i should diminish the real force of our enemies , or endeavour to render us secure in dangers . the malignity and principles of papists , their unwearied zeal and diligence to overthrow our religion , i very well know and thank god that the whole kingdom is awakened to apprehend : but i think we shall encourage them and dishearten our selves , if we over magnifie their strength , &c. there came out in print in london in the year . a sheet of paper called a catalogue of the names of such persons as are or are reputed to be of the romish religion , not as yet convicted , being inhabitants within the county of middlesex , cities of london and westminster and weekly bills of mortality , exactly as they are ordered to be inserted in the several commissions appointed for the more speedy convicting of such as shall be found of that religion ; a paper , that was not published i think by a friend to the papists : for the author there names them and the respective parishes they lived in , and the total number of men and women there was , of which only one man was there called monsieur , tho yet six others seem'd to me there to be of french names ; and one there has a dutch name , and only one person in there call'd an italian ; so that notwithstanding the great cry of forraign papists in , and about london , they did but little more then make a number : and the persons there reckoned for st. martins in the fields are but , and for covent-garden but , where yet the bishops survey makes , and for st. margarets westminster that printed paper makes but , of which the number it seem'd in , proved so dreadful to justice howard . st. andrews holborn has in that paper but , which in the bishops survey has . st. giles in the fields has in that paper but , which has in the bishops survey . the savoy in that paper has but , which in the bishops survey has just the same number , and st. giles cripplegate has there but , which in the bishops survey has . of the care that was probably taken in those parishes in london that made returns in that survey , covent-garden-parish , and some others are instances in one thing , namely that there are near so many houses as returns are made for , or not many more . thus in covent-garden the conformists return'd are : the papists , the nonconformists : and so servants and children and lodgers being not return'd ( as dr. glanvile saith , ) the persons of men and their wives return'd in all there , are , which agrees pretty well with the number of houses there which are about . i suppose that printed paper by the number of inhabitants included only house-keepers as the bishops survey did , and tho it is not to be doubted but that when that survey was made , there were in the respective diocesses , deaneries and parishes therein return'd , at least the full number of the papists therein mention'd , yet the popish plot about two years after occasioning the other paper , it may be supposed that what by many popish families removing out of the realm , and what by many of them coming to our churches , the number of the popish recusants did there considerably decrease , as it has from the beginning of the reformation gradually done , unless in some particular intervals , or conjunctures , and is likely so to do , till the uncouthness and strangeness of their principles and scarcity of the persons that own them shall make them tolerable as rarities . i did before in this letter thus far accord with mr. nye that popery since the reformation may have sometimes acquired a new vigour , and that it hath not always since its first assaults against popery gain'd ground of it proportionably , but whatever the fate of the ejected puritan divines in queen elizabeth's days was , and whether deserv'd or not , and properly or not timed , i enquire not ( tho yet in our days the plenty of conformist divines is such visibly that the supply of all our good livings needs not crave aid from dissenters ) but do on all thoughts made persist in my opinion , that protestancy hath since its being first espous'd here as a religion propagated it self by the great encrease of its followers , except in some infectious intervals of time , as i may call them . thus tho the obsarvator on the bills of mortality hath taught us as aforesaid that every marriage with another produceth four children , yet in times of pestilence ( we are told by him ) that the christnings decrease , and that a disposition in the. air toward the plague doth also dispose women to abortion , and considering this , we may well infer , when the burials do much exceed the births in any city reverà ( and not seemingly , by the not registring all the births ) that tho the bills of mortality tell us that there dyed then none of the plague , and that there were then parishes infected with the plague none , yet there is then a pestilence there reigning . and thus is it a pestilential time with a church , when more apostatise from it then are born or as i may say regenerated into it , or converted ; and therefore by such times we are not to estimate the encrease of the propagation of the numbers of the church of england . there was a time in queen elizabeth's reign that the reformation was honour'd by all englands , populace , being of a piece almost , and worshiping god in the way prescribed with one heart and one mind : and then as we are told by sir re. cotton , p. , and . of his considerations for repressing the encrease of papists , till the th of her reign , a recusants name was scarce known , &c. the name of a papist smelt rank even in their own nostrils , and for pure shame to be accounted such , they resorted duly to our churches : but when they saw their great coriphaeus sanders had sl●ly pinn'd the name of puritans on the sleeves of protestants that encountred them with most courage and perc●ived that the word was pleasing to some of our own side , &c. that ( saith he ) brought plenty of water to the popes mill , and there will most men grind where they see appearance to be well serv'd . but the accidental encrease of their numbers in any conjuncture was carefully regarded by the state , and to this purpose we are told it in heywood townsends collections , that dr. bennet acquainted the house of commons that there were r●cusants in yorkshire , which he vouched upon his credit were presented in the ecclesiastical court , and before the council at york . popery it seems then gain'd ground in the poor north , having lest it in the warm south , and to this day in the northern parts of england where the livings generally are poor , the light of the gospel hath not quite dissipated the mists of popery , in somuch that if any one shall tell me that the province of york which bears but a th part of the taxes , and hath not in it much above a th part of the people that the province of canterbury hath , yet contains at least the half of the number of papists that the province of canterbury doth , i shall not contradict his estimate . it is the observation of dr. fuller in his church history of the part of england , trent north , that 't is scarce a third of england in ground , but almost the half thereof for the growth of recusants therein . and thus as the observator on the bills of mortality hath observed that northern as well as southern countries are infected with great plagues , altho in the southern countries they are more vehement and do begin and end more suddenly , it may be said that the infection of popery doth yet continue in our northern parts . but that the papists valued themselves on their numbers throughout england , toward the latter end of queen elizabeth's reign , appears out of that pestilential book of father parsons about the succession , part . d , where he weighs the several parties of england in the ballance of state , and saith , it is well known that in the realm of england at this day there are three different and opposite bodies of religion , that are of most bulk and do carry most sway and power which three bodies are commonly known by the names of protestant , puritants and papists : and afterward speaking of the great power of the protestant party for wealth and force . he saith p. . a chief member of the protestant body is the clergy of england , especially the bishops and the other men in ecclesiastical dignities which are like to be a great back to this party at that day , &c. meaning the time after the death of queen elizabeth , when her successor should enter on the stage : and then having weighed the puritan party and its interest , he saith , the third body of religion which are those of the roman who call themselves catholicks , which is the least in shew at this present by reason of the laws and tides of the time that run against them , yet are they of no small consideration in this affair to him that weighs things indifferently , and this in respect as well of their party at home as their friends abroad : for at home they being of two sorts as the world knows , the one more up●n that discover themselves , which are the recusants , and the other more close and privy that accommodate themselves to all external preceedings of the time and state , so as they cannot be known or at leastwise not much touch'd , we may imagine that their number is not small throughout the realm , &c. the vigour of the hopes that popery had in that conjuncture appears out of that great historical letter of d'ossat to his king , anno , where he makes such a judicious abstract of this goodly book of parsons ( for so he calls it ce beau livre ) and animadversions on it , and saith , 't is about four years ago that the pope did create in england a certain arciprestre to the end that all ecclesiasticks and catholicks of the realm should have one to whom to go and have recourse about the things relating to the catholick religion , and by means thereof to be united among themselves , and to understand what shall be good to be done for their preservation and the re-establishment of the catholick religion , and some have given his holiness to understand that by that means he would make a great party of the catholicks in england for what he would effect , and then acquaints the king , that the pope had sent three briefs to his nuntio in the low-countreys for him to keep till the death of queen elizabeth , and after that to send them to england , one to the ecclesiasticks , another to the nobility , and another to the third estate ; by which the said three estates are admonished and exhorted by his holiness to remain united together to receive a catholick king that his holiness shall name , and such a one who shall appear acceptable to them and honourable , and all this for the honour and glory of god , and for the restoring the catholick religion , &c. here was it seems one brief more sent to england then mr. marvel mentions in his growth of popery , where he saith , that the pope sent two briefs in order to exclude king james from the succession to the crown . in fine , popery was in a storm during the reign of queen elizabeth , and in it the papists were sometimes carried up to the skyes , and then down again , and in their enterprizes with variety of success in some conjunctures , their fortune was to reel to and fro and stagger like a drunken man ; and as in a storm many hands are necessary , so on the whole matter they found need of the numbers of more hands then they could command , and their numbers decreased in the ballance of the people here , as much by the king of spains ambition , as did the numbers of the papists in the united provinces thereby . and as they look'd big on the account of their numbers in the latter end of queen elizabeth's reign , so they did in the beginning of king iames's : and as d'ossat said in that letter to villeroy of april d , . you will find that the spaniards who are most troubled about this event ( meaning of the succession ) will be the first to congratulate the king of scotland , so it happen'd here with the papists , as appears by a book in to , printed for ioseph barnes at oxford , anno called , a consideration of the papists reasons of state and religion for toleration of popery in england , intimated in their supplication to the kings majesty and the states of the present parliament , where in their supplication at large printed they in the beginning thereof in a profession too as inauspicious as was possibly , say that his majesties direct title to the imperial crown of the realm both by lineal descent and priority of blood , and your highness most quiet access to the same do exceedingly possess and englad our hearts . the tide of the succession against which they had striven was made by fate to run smooth and clear , and they were resolved to appear on the surface of it with a nos poma natamus . gabriel powel of st. maryhall in oxford , the publisher of that book saith in his animadversion on the said beginning of that supplication , how can papists without blushing acknowledge his majesties title to the crown of england to be direct , seeing they have heretofore most indirectly and most unjustly oppugned the same ; which traite●ous parsons confesseth albeit for excuse , he assureth himself that whatsoever hath been said , writ or done by any catholick against his majesty which with some others might breed disgust , hath been directed to this end , to make his majesty first a catholick and then our king , as if treason and treachery against his highness could make him a catholick , and impugning of his direct and just title , tended to make him king. rob. parsons in his treatise of three conversions in the dedicat . addition to the catholicks . but tho they gave themselves ( as it were ) an act of oblivion as to the many treasons of parsons his book of the succession , yet in this supplication they forgot not again in effect to use parsons his division of the people of england into three parts , and so to shape the estimates of their numbers : and they say in their first reason of state , the world knows that there are three kinds of subjects in the realm , the protestant , the puritan and the catholicks affected , and by general report the subject catholickly affected is not inferiour to the protestant , or puritan either in number or alliance , &c. and saith powel in his notes on that clause , if by catholickly affected you mean plainly papists , the world knows that in comparison of the protestants they are but as it were a handful of thieves among honest subjects , however you are bold to brag that at this present there are within the realm more catholicks and catholick priests then there were forty years since . math. kellison in his survey in the epist. dedic . almost at the latter end . they afterward in their supplication use the word catholickly affected to make it comprehensive of both parts of parsons his distinction of papists , more open , and close , and therein have the honour of the invention of the phrase of popishly affected , that hath so much gall'd them since , and at this day continues to do : and i shall accord with them that the number of papists or of popishly affected was apparently grown great in the juncture of time , after king iames came here to the crown : but 't is not deniable that after the epoche of the gun-powder-treason , it did more sensibly decrease ; for they cannot say that by the intended blow from the gun powder , they designed to make him catholick in order to make him continue a king. the dean of bangor in his excellent sermon in print , and preached at st. martins on the th of november , . speaking , p. , of the conspirators in the gun-powder-treason saith judiciously , for the number i believe the design it self was known to few , but that there was a design was known to many more . king james himself tells us so in his works , p. . a great number of my popish subjects of all ranks and sorts both men and women as well within as without the country , had a confused notion and obscure knowledge that some great thing was to be done in that parliament for the weal of the church , tho for secresies sake they were not to be acquainted with the particulars . and no doubt but that great number took occasion to slip their necks out of the collar of misprision of religion as well as of treason thereupon , and a vast encrease of the numbers of the protestants was thereby occasioned . but there afterward appeared another conjuncture of time in which the catholickly affected did in his reign multiply in the which however implicit faith could never come so much in fashion but that ( as gondomar observed in the kings chappel ) when ever the preacher quoted texts of scripture , the auditors would immediately turn to their bibles to find them . mr. pryn saith in his introduction to the archbishop of canterbury ' s tryal , p. . that the number of priests and popish recusants enlarged out of duress by king james , if we may believe gondomars letter from hence to the king of spain , or the letter of serica that kings secretary , dated from madrid , july th , , to mr. cottington was no less then . he had before in p. . and . set down the petition and remonstrance intended to be sent to king james by the house of commons in december , where among other things 't is said , that the popish recusants were then dangerously encreas'd in their numbers , and complaint is made of the swarm of priests and iesuites dispersed in all parts of the kingdom . 't is probable that not many papists except priests were then imprison'd , and it may be conceived that the number of priests who escaped the net of imprisonment was more then double to that which was took therein , and that the number of lay-papists was very growing in that conjuncture . mr. iohn gee's book of the foot out of the snare of th edition printed in london , . mentions the names of many romish priests and jesuites resident about london in that year , and begins with the bishop of chalcedon , and shortly after him mentions collington the titular arch-deacon of london , and wright treasurer for the iesuites , and smith vicar-general for the south parts of england , and broughton vicar-general for the north parts of england , and bennet vicar-general for the west parts of england , and the whole number of them there named together with the places of their lodging , is two hundred sixty one : and the number of the iesuites out of that total is . moreover out of that total he mentions only as having been formerly in prison in england , and but one who was at that time in prison . at the end of the catalogue of the priests there he saith , these be all the birds of this feather which have come to my eye or knowledge by name , &c. yet above four times so many there are that overspread our thickets through england as appears by the empty nests beyond sea , from whence they have flown by shoals of late , i mean the seminary colledges which have deeply disgorged by several missions of them , as also is gathered by particular computation of their divided tro●ps : when as in one shire where i have abode sometime they are reputed to nestle almost three hundred of this brood . in the following pages he there prints a catalogue of popish physitians in , and about the city of london , and makes the number of them ; and no doubt but that in that conjuncture of time the number of papists encreasing , there were enow patients of that persuasion to afford livelyhoods to so many physitians . in that book immediately after p. . he prints a catalogue of such english books that he knew of to have been printed , reprinted or dispers'd by the priests and their agents in england within two years last past or thereabout , viz. . so fortunate was that conjuncture to the papists then that the odious name of puritan was bestowed on any of the magistrates that went to put any laws in execution against popery , as we find it from sir r. cotton in his serious considerations for repressing of the encrease of iesuites , priests , and papists without shedding of blood , p. . his words there are , there is no small number that stand doubtful whether it be a gratful work to cross popery or that it may be done safely without a foul aspersion of puritanisme , or a shrew'd turn for their labour at some times or other , &c. in the petition and remonstrance of the house of commons in december before mentioned , among the causes of the growing mischiefs here the fifth paragraph assignes one what would make popery very prolific with proselytes here , viz. the strange confederacy of the princes of the popish religion aiming mai●ly at the advancement of theirs and subverting ours , &c. and another is assigned in the th paragraph , viz. the great and many armies raised and maintained at the charge of the king of spain , the chief of that league , and another in § . th , the interposing of forraign princes and their agents in the behalf of popish recusants for connivance and favours to them . but in fine , in king iames his reign , the gross of the number of the protestants was generally reckoned to be ten times greater then the papists , the which is hinted in the posthuma of cotton who then said , to what purpose shews it to muster the names of the protestants , and to vaunt them to be ten for one of the roman faction . in the reign of the royal martyr their numbers decreased faster in many active conjunctures of time then they encreased in any lazy one . the author of the regal apology , and supposed to be doctor bate the physitian saith in p. . it is well known there are not papists convicted in all england and wales : and if we should suppose the number of the papists then not convicted to be double to that of the convicted , yet would such their number appear considerably dwindled from what it was swoln to in any conjuncture before in king iames's reign . and i believe if our civil wars had not happen'd , one canon even of the convacation of , as ill as that convocation heard among many , i mean the third canon would have effected the extermination of popery from england in the reign of the royal martyr . the title of the canon is for suppressing of the growth of popery . no doubt but a little before that time popery did again lift up his head as if its redemption were to draw nigh in ireland and england , and therefore the convocation then with great conduct and skill did lead up our ecclesiastical hierarchy to confront its growth : and i do not remember to have found that phrase of the growth of popery ( which has in later days so filled our mouths ) used in any author before the writing of that canon : and do think that all the committees that have been appointed to prevent the growth of popery , or books of that subject have not produced to the world any means or expedient so likely to make popery have done growing here , as is the excellent scheme for that purpose drawn in that canon , and which when ever it shall be with vigour executed will make our fears grow out of fashion either of the number of the arguments of the papists , or of the argument of their numbers . that since that restoration of our king and laws , and of the discipline of our church , a conjuncture hap'ned that made the barren womb of popery here fruitful of numbers none will deny , who consider how all our great divines of the church of england did so lately lift up their voices like a trumpet against it , as i before observed . in the account of the numbers of the perswasions in religion in the province of canterbury that dr. glanvile said he had seen , and which is contained in a sheet of paper , among the nine preliminary observations , the first is , that many left the church upon the late indulgence who before did frequent it . i believe by the many there are meant those that veer'd toward popery , and i suppose that few had for several precedent years repaired thither from fear of the penal laws . we have a remark given us by that learned states-man and noble confessor of the church of england , the earl of clarendon in his judicious animadversions printed anno , on cressy ' s book against dr. stillingfleet , that the rude and boisterous behaviour of some of the roman catholicks here disturbed the happy calm they all enjoyed , and the vanity and folly of others made that ill use of the kings bounty and generosity toward them , that they endeavoured to make it believ'd that it proceeded not from charity and compassion toward their persons , but from affection to their religion , and took upon them to reproach the church of england and all who adhered to it , as if they had been in a condition as well as a disposition to oppress it , and to affront and discountenance all who would adhere to it , and so alienated the affections of those who desired they should not be disquieted and kindled a jealousie in others , who had believed that they were willing to attempt it , and had more power to compass it then was discerned , &c. and this mischief the wisest and soberest catholicks of england have long foreseen , would be the effect of that petulant and unruly spirit that sway'd too much among them , and did all they could to restrain it , &c. and afterward saith , as if they could subdue the whole kingdom and so care not whom they provoke . a friend of mine in the kings loyal long parliament wrote to me for news after one of their sessions , that the speaker of the house of commons , mr. seymour opening according to the customary manner in a publick speech to his majesty in the house of lords , the nature of the bills then ready for the royal assent , spake thus concerning that sharp one that will forever here cut popery to the quick , viz. and for the severity of this bill to the papists , they may thank their own petulant insolence . the word petulant being very significant , and importing sawcy , malepert , impudent , reproachful , ready to do wrong , one would suppose that those two great observing persons would not apply it to any body of men without just occasion . it seems the house of commons at their next session in an address to the king , october . . had this clause , that for another age at the least this kingdom will be under continual apprehensions of the growth of popery , and the danger of the protestant religion , and in an address to his majesty , november the d , . speaking of the popish recusants , they have these words , whose numbers and insolencies are greatly of late encreased , &c. it was then high time for that great minister of the king , the earl of danby when he saw that of all dissenters chiefly the popish ones had sascinated so many with a belief of their numbers , to cause that great enquiry into them to be made , and it was his fortune by the very enquiry to strip the papists of many of their valued number , for the very next observation to that i before mentioned is this , the sending forth these enquiries has caused many to frequent the church . alsted in his chronology ventures to say , p. . david ex merâ 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 numerat populum , and the thing perhaps done with an ill intent was punish'd with a plague from god : but the fact of our noble and profound states-man did abate the plague of the late conjuncture of pragmatical insolence , and too the plague of the fear of papists that was then so epidemical among protestants , and did in effect console us as with the words of elisha , viz. fear not for they that be with us are more then they that be with them : and indeed the numbering of people in the bills of mortality who dye of the plague is not more necessary to the state , then is the numbring of the souls infected in any conjuncture with destructive opinions , and the omission thereof in a publick minister when ever it should be as necessary as at that time it was , would appear in him a lethargy that would be as penal as a plague to a kingdom . that useful undertaking of his lordship as it was worthy of his very great abilities , and vigilance for the publick , so was it of the great power he had in the government , and could not have been conducted so far as it was by any private persons : the book called popery absolutely destructive to monarchy , printed in london in the year . shews the danger of ordinary magistrates intermedling with the numbers of papists in particular parishes , by instancing p. . how when the long parliament was first call'd , iustice howard was ordered to deliver up a catalogue of all recusants within the liberties of westminster , to prevent which mr. john james a zealous popist stabb'd the iustice in westminster-hall : and sir george wharton in his gesta britannorum saith anno . november . iustice howard assaulted and stabb'd in westminster-hall . it seems that iustice of peace as well as iustice godfry found what it was to anger st. peter , and so has that noble earl done ( i believe ) by some papists murdering his reputation and shamming the blood of godfry on him in vallanous pamphlets , of which i hear that were dispersed in one week , and that it appeared at an honourable committee that no inconsiderable quantity of them was dispers'd by celier . 't is probable that the time that was taken for discovering the number both of papists and other dissenters was most proper , in regard that the declaration of indulgence visiting them as with a sun-shine after the rain , invited them out of their recesses to appear abroad visibly , and as the words of the scripture in another sence are , to move out of their holes like worms of the earth . and as if any man would give himself the trouble to essay the numbring of the worms that are in the earth , the properest time for that his affected curiosity would be after the rain making the earth soft , and the sun then warming it had invited those animals to come out of the earth , the which lye within a few foot of the surface of it ; so for the above reason was the investigation of the numbers of the papists most properly timed . i am therefore of opinion with the aforesaid dr. that the number of the papists was near the matter retain'd with truth , and that their number is still waining and will be so more and more , but in some accidental conjunctures of time . a late author hath publish't it , that in england in these twenty years last past families of the gentry and of the nobility have quitted the profession of popery . and if any one shall affirm , as some considerate papists have done , that the number here of secret papists and who go not to mass is as great as the number of the professed ones , i shall say that the number of the people of england having been in this discourse represented so much greater then it was in former estimates , the number of secret papists cast into that of the known ones will perhaps signifie little more then the dust in the ballance of the nation . their numbers that did somewhat encrease in the beginning of the conjuncture of their petulant insolence that went before the time of the popish plot , as the purples , small-pox and other malignant diseases fore-run the plague , did sensibly and suddenly decay by the change of the air , that the loyal long parliament and its act of the test made , just as the observator of the bills of mortality hath let us see that by the reason of the changes and dispositions in the air , the plague doth by sudden jumps start back in a very few days time from vast numbers to very small ones : insomuch that presently after the breaking out of the plot they took the advantage of the detection of the paucity of their numbers , that the earl of danby's aforesaid prudence had made , as thence to raise an argument ab impossibili that they should design a plot to turn the tide of nature in the nation . and thus as men once pass'd the valuing themselves on the charmes and vigour of youth , do it for the reverence of their old age , and hope to be the better treated as guests in the world for the shortness of the time they are to stay in it , they did resemblingly too look big upon the smallness of their num●e●s . the author therefore of the compendium printed anno tells us , à propos p. , that there are not of the roman catholick religion in england , men , women and children , and that agrees well enough with the surveys of the numbers of those of that religion in the province of canterbury of the age of communicants ; and admitting the total of such to be doubled on the account of papists below the age of sixteen , an account that ought to be admitted , the observator on the bills of mortality having taught us ( as aforesaid ) that there are in nature about as many under the age of , as above it , and with the making the total of all the papists in the province of york , according to fuller , equal to that in the province of canterbury , the number of the papists throughout england will appear to be probably near what the author of the compendium hath estimated . that their numbers did considerably decrease after the fermentation in peoples minds relating to religion followed the declaration of indulgence , and after the severity of the parliament to papists thereby occasion'd , a convincing argument may be had from the letters of mr. coleman , the which did confute several imp●tations of it in mr. marvel's growth of popery to the king's ministers , better than any apologies could have done , and has enabled fame to trumpet them forth to posterity as confessors , whom envy here whisper'd to be traditors ; and let the present age see that their alledged closing with popery , was but in the way of contending wrestlers , and not of friendly embracers : and no doubt then but the many dependants and followers those ministers had , and the candidates for their favour and expectants of offices thereby , were then enemies to all implicit faith , but only for what they thought the religion of their chiefs . in his letter to le cheese of september , , he saith , that the lord treasurer , lord keeper , and duke of lauderdale were become as fierce apostles and as zealous for protestant religion and against popery , as ever my lord arlington was before them , and in pursuance thereof perswaded the king to issue out those severe orders and proclamations against catholicks , which came out in february last , by which they did as much as in them lay to extirpate all catholicks and catholick religion out of the kingdom . and he in his letter to the internuntio of the th of february / tells him , that the king had sign'd a proclamation last wednesday to banish all the priests , natives of this kingdom , to forbid all subjects to hear mass in the queens chappel , and at the houses of ambassadors , to bring home all the youth that is now out of the kingdom in any popish colledges , to prosecute all persons , as to their estates , according to the laws , which are so insupportable , that 't is impossible for any that is reach'd by them to have wherewithal to eat bread , if they be executed according to the said proclamation . it was but about october , that the house of commons in an address to the king , took occasion to say , it is now more then one age that the subjects have lived in continual apprehensions of the encrease of popery , and the decay of the protestant religion ; but what mr. coleman's apprehensions were of the growth of popery on the th of february , i have shewn before , and am of opinion , that though possibly in the following course of time to the birth of the popish plot , the coming of many romish missionaries here might make some accession to the number of the papists , that however the laity of them , here inhabitants , hath in its numbers sensibly decreased , and will do so more and more , till the most timid protestants shall be no more aggrieved at their number , then of that of the muggletonians , or of the sweet singers of israel . that the discovery of the popish plot hath had a natural tendency to the abating the number of their perswasion , must be granted by all who believe there was one , and who know that the blustring attempts of the conspirators to subvert the protestant religion , and which have therein failed , must end in the better settlement of it , as all storms that do not overthrow a tree confirm its growth . mr. care in his history of the popish plot , mentions , that the iesuites and seminary priests in england at the time of the plot were about , a number far inferior to that in the conjuncture in king iames ' s time before mention'd : and short of the number mention'd by prynne in a book of his , printed anno , called a true and perfect narrative of what was done , spoken by and between mr. prynne , the old and new forcibly secluded members , and those now sitting , &c. where he saith , p. , that an english lord return'd from rome about four years since averr'd , that the provincial of the english iesuites , when he went to see the colledge in rome , assured him , that they had then above of their society of iesuites in england able to work in several professions and trades which they had there taken upon them , the better to support and secure themselves from being discovered , and infuse their principles into the vulgar people . mr. coleman complains of a conjuncture as to popery that he writ in , that tho the harvest was great , the labourers were very few ; but mr. prynne supposeth the labouring jesuites who wrought in the trade of religion , and in other trades too , were here after the year above ; and it may therefore be well conceived that there were many jesuites here beside who could only manage their tools in the former trade , and perhaps as many seminary priests as jesuites : and no doubt without some hint of notification from some one of the iesuits provincials , their number in any protestant state can hardly be conjectured , in regard of their proteus-like varying their shapes , accordingly as a description of them is given in the book called , the emperor and the empire betray'd , where 't is said , there are in the society of iesus men of several sorts , some of which are dispens'd with not only to lay aside the habit , but to marry and bear all sorts of dignities ; and he further presumes to say , that the emperor was thus in this order in his younger days . mr. prynne in p. . of that book averrs , that oliver cromwel declared to his parliament anno , that the emissaries of the iesuites then came over in great swarms , and that they had then fixed in england an episcopal power , with arch-deacons and other persons to pervert the people : a thing they never since the reformation , i think , attempted in any conjuncture till quarto caroli , and then ( as appears out of rushworth ' s collections ) in a conference between the lords and commons , and managed by secretary cook , he said , there was at that time a popish hierarchy established in england , that they had a bishop consecrated by the pope , and that bishop had his subalternate officers of all kinds , as vicars general , arch-deacons , rural deans , apparitors , and that they were not nominal or titular officers only , but they all executed their iurisdictions , and made their ordinary visitations throughout the kingdom , kept courts , and determin'd ecclesiastical causes . but it appears not that they had any such hierarchy here at the time of the plot , or that they have any thing like it at this time in this realm . mr. prynne tells us in p. . of that book , that in that conjuncture in cromwel's time above popish pamphlets were permitted to be printed and vended in england , and that of this the london stationers complain'd in print . but 't is very little that they have printed here since the king's restauration , and the same private presses which gave birth to the few pamphlets they printed , would have done it to as many volumes as ever tostatus , as mr. prynne writ , if they had pleased . the great number of the protestants must still be naturally attractive of the lesser to it , for the preservation of their persons , tho at the price of the diminution of their numbers , as a drop is best preserved in the sea , tho it be there swallowed up . this notion is well confirm'd by edmund spencer in his observations of the history of ireland in former times , where he shews in what course of time a handful of english , planted among the numerous irish must of necessity become irish , as indeed his own family there did , as i am told , and that cromwel speaking to the grand-child of spencer in english , that on the account of the fame of his ancestor he should enjoy his estate , was not by him understood . and there is no doubt but time will illuminate the papists as to the pope's politicks being inconvenient to them , and only convenient to himself : for the same principle in politicks that makes every lesser state have a regret against being united to a greater , namely , for fear of its being absorbed thereby ( a notion lately in vogue when the union of england and scotland was agitated ) engageth the pope to keep the papists from a coalition with the protestants here , that would drown the visibility of their numbers , and consequently the appearance of the numbers of his subjects in this realm , for so in effect they are . the true cause therefore in nature that made the pope by his bull in queen elizabeth's time prohibit the papists from continuing to come to our churches , and to our common-prayer , a thing they would else still have done , was the pope's being enabled by such prohibitions to put marks on his sheep whereby to know them , and their numbers : and which had he forborn , there had probably been no number of them returnable in the bishops survey . 't is therefore not to be wondred that our church got nothing but the destruction of its hierarchy in the last age , by the policy used then by some of our well-meaning church-men , who thought that the use of some ceremonies more than our law required would have brought the church of rome over to us . ' t is aut caesar aut nullus that the pope would be ; and he will here keep as many subjects as he can , since not able to acquire as many as he would . and the truth is , as the attempt of an excellent swimmer to save one totally inexpert therein usually proves fatal , so likely will the generous and charitable design of a church of a rational discipline interposing to save one of an irrational , and that can do nothing by vigour of reason to bear up it self , and is therefore meer dead weight . since the epoche of the popish plot that the press has been to all writing mankind so much unrestrain'd , the world hath seen little of the papists learned writings , or scarce any thing writ with art and wit , except the compendium , and instead of proving in volumes that the church of england is no true church , or that st. peter was ever at rome , they have extended all the nerves of their wit in pamphlets , only to prove that doctor oates is no true doctor , and that he was never a ●alamanca . and i believe that as the asserting of popery here , per viam thomae , ( or in the way of the schools ) is in the course of nature eternally over , so will the adorning it by the way of curiosity of wit or fancy grow obsolete . but here it is proper to be observed , that in all the conjunctures before mention'd , and in those wherein our former protestant princes for deep reason of state have been most favourable to their popish subjects by the relaxation of the penal laws , and when some papists made great figures in the court , and got the ballance of court-preferment a while by stealth into their hands , and that holy church being anew whiten'd over with some temporary prosperity , many proselytes did flock to it as doves to their windows , yet the ground that popery got then was but made ground and not natural , and was too chargeable to be kept . and as the vulgar have falsly imagined that a great plague has happen'd in the beginning of every princes reign , so has it been obvious to the more refined observers , that in the reign of every new protestant prince , popery has made a fresh essay to augment it self in the epocha of a new conjuncture . and that as in the most pestilential times of mortality , even in our metropolis , almost only the poorer sort of people are swept away by it , thus was it too in in those conjunctures here , when popery boasted of its many converts . but nemo decipit lumbos , and popery when pamper'd , did but counterfeit a sound strength , and as quintilian's words are , verum robur inani saginâ mentiri , and was but in bad travelling case by that washy adventitious flesh , and soon tired in its furious race ; while protestancy had that permanent motion which dr. iackson on the creed supposeth the heavens would have if god should move them in an instant , and which if he did , were ( he saith ) more properly to be called a vigorous permanency , alluding perhaps to things seeming to stand still when they move fastest . dr. twisse in answer to him doth to the expression of a permanent motion , with a mirth and raillery unusual in him , apply that verse of a poet whose horse being tired , and not moveable by the spur , said to his fellow traveller , who rein'd in his horse to go easily ; your horse stands still faster then mine will go . and thus ( raillery apart ) i do believe that protestancy will stand still faster than popery can go , let it be never so high mounted : and we may properly resemble the course of protestancy in any conjuncture to the sun , which enjoys its natural motion at the same time it suffers its forced , and according to mr. cowley's expression doth at the same time run the day and walk the year . and we may as properly resemble the height and greatness of popery in any former conjuncture , and the greatness of peoples fears of its growth and continuance to the dreadful entrance and dull exit of a comet . many comets have hung over our heads , and lasted some considerable time , that were bigger than the globe of the earth , which as they appear'd on a sudden , so hath that great mass of matter , of which they consisted , and which threat'ned destruction to the earth , by little and little dwindled to nothing , or disappear'd . and this hath been the event of the growth of popery , and over-growth of its fears here , and i believe will be in any conjuncture that can come . i believe that if such an extremely improbable thing should ever happen , as that the legislative power should allow the papists a publick place for their devotion in every great city in england , the very sight of their ceremonies would encrease and sharpen the popular aversion against their church . du fresnes in his learned glossary in three tomes , as to the scriptores mediae & infimae latinitatis , mentions the origination of the use and name of the surplice , and quotes durand in ration . lib. . c. . n. . . for it , viz. eo quod antiquitùs super tunicas pelliceas de pellibus mortuorum animalium factas induebatur , quod adhuc in quibusdam ecclesiis observatur : and cites many authorities about its being used by the clergy ; and while the antient monks lived upon the labour of their hands , and wore such leathern clothes as labouring rusticks in the towns with whom they wrought , it was but a necessary piece of decency when they retired to their oratories to worship god together , to have that covering of linnen that might hide the sordidness of their clothes , and so probably that linnen surplice appearing in it self decent , and carrying with it more respect from the just reverence those innocent ancient monks attracted , it came by that means first in fashion in the church to be worn by the better habited priests , and being here enjoyn'd by the laws of our sovereign , and therein declared to be a thing not in its own nature necessary , it seems to me to be an uncivil humour in our dissenters so much to quarrel the use of it ; and do suppose that the civility of the french nation appearing in the protestants of that realm , who are here , and to whom it is natural not only to comply with princes but even their fellow subjects in the use of all ceremonies they expect to be treated with , may instill such a humour of complaisance into some of those here who were aggrieved at our churches , or , as i may say , our kings ceremonies , as all the learned books of our divines have not yet done . but if after the disuse of our ceremonies in the late usurpation the sight of a surplice doth fright them so much from our church , how would they be disgusted to see one with a shaven crown , with his amice girdle , aube , maniple , stole , chesible , and other pretended holy vestments , and see him use crossing , turning , ducking , lifting , whispering , gaping , mingling of wine and water , lickings , and other variety of gestures , and to hear prayers in latine , and to the saints , and for the dead , and to have our bells baptised , to have vailes , holy-water , holy-ashes , palms , &c. erasmus saith in his epistles , p. . ep. . an hic sacrificulum illum mal●unt imitari qui suum mumpsimus quo fuerat viginti usus annos , muta●e noluit , admonitus à quopiam sumpsimus esse legendum ? the verse of scripture in which he read that word , was iosua . . en panes quando egressi sumus de domibus nostris ut veniremus ad vos calidos [ mumpsimus ] nunc sicci facti sunt & vetustate nimia comminuti , no other verse appearing to me by the concordance of the vulgar latine to have sumpsimus in it : and the folly of the priest in so reading was so famous as to come to the knowledge of our harry the eighth , and to occasion his saying ( as my lord herbert tells us ) some of the clergy are too stiff in their old mumpsimus , others too curious in their new sumpsimus . but that verse in iosua was as unlucky and as ill boding a one to popery for a priest thus to signalize en ridicule , as any he could have found in holy writ , and carries in it self a revenge for its barbarous usage : for it naturally suggests to people that the antiquity of the doctrine of popery is but a gibeonitish or meer pretended one , and that even its transubstantiated bread is not brought from so far a country as is pretended , and that it was no longer ago then anno , that innocent the third in the lateran council brought in transubstantiation as an article of faith , and decreed those to be exterminated who did not believe it , and that kings were to be compelled to exterminate them , and that the pope had power to depose kings , an effectual way to put not only the nature of things but men on the wrack , and then make them say they believe any thing . but we having been used to the new sumpsimus these hundred years , shall be so curious in it as to make what is barbarous the object of our mirth , as much as harry the eighth and erasmus did , and the novelty of popery coming again here in the masquerade of antiquity , would appear as nauseous as would the moudly bread of the gibeonites to the men of israel , if they had come to treat them with it a second time . from what hath been in this historical way glanced at , concerning the gradual decreasing popery here in the several past conjunctures , we may without the amentia prophetiae ( as tertullian calls it ) say , that in any conjuncture that can hereafter come it will more and more decrease , and that under any new prince protestancy will be the rising sun , whose light will be then encreasing , and popery acquire no more lustre then the short one of a parelius . doleman alias parsons in his book of the succession , publishing his thoughts how ponderous the papists would be in the ballance of state in the conjuncture of time attending the next successor , speaks thus , as if it were before him in vision , with these many others do joyn ; et omnes qui amaro animo sunt cum illis se conjungunt , as the scripture saith of those that followed david ' s retinue ( kings . ) pursued by saul and his forces , which is to say , that all that be offended , grieved , or any way discontented with the present time , be they of what religion they will , do easily joyn with these men. and when i consider how many there are , qui amaro sunt animo , by reason of their condition being embitter'd by poverty , and that it hath pursued them like an armed man , and is likely so to do ; when i consider that the multitude of free-schools in the kingdom , diverting the education of the poorer sort of our youth from useful laborious trades , to the uselesly appearing scholars and gentlemen , or ( according to the dutch word ) idlemen , hath at last brought them but to fragments of knowledge and likewise of bread , and tho wearing better habits then their ancestors , yet to be little better than thiefs in a handsome disguise , robbing the world of their labour , and its own quiet by their being sollicitors , make-bates , informers , proulers into the rights of other mens estates , tamperers with witnesses , tales-men , promoters of office , suers of others in the way of qui tam , &c. quam , &c. and when i consider what is so truly observ'd by the author of britannia languens , . that of all other employments we have the greatest questing after offices , that men will almost give any thing , say any thing , do any thing for an office , so that some offices that were thought hardly worth the medling with of late years , will now yield near ten years purchase for one life ; and when i every where behold the t●rn limbs of the estates of so great a party among us as may be call'd the luxuriants , and who have sold the same estates and consciences three or four times over , and do likewise recollect the number of all such idle men , who have been observed of late years in shoales so much to depopulate the country to plant themselves about london , insomuch that tho according to the observator of the bills of mortality there usually did come out of the country to live in london but , yet there dying within those bills in the year , and in the year , and in the year , and in the year , wherein the popish plot was discovered , and in the year , whence according to the rule of one in yearly dying , and there having dy'd gradualy above a a year since the year to the year ( altho all years of ordinary health ) so the remaining part in london did thence appear gradually encreased proportionably , that is , as a dy'd each year more than other , so lived there each year more than in the other , and that there lived in the year in london more than did in the year , and that many of these people having broke in the country , through the poverty that the plot occasion'd , came to london to hide themselves and their shame : i say , when i consider all these things , i may well conclude that all these indigents will be ready to hope for a golden age , and call any thing a religion that will bring it them : and by a new shuffling of religion will be indeed hoping for better cards in this world. some of those who have been trumpeters to the puppet-shows of little enthusiastick religions , and movers of the wyres there , would if ever the great one of popery should come on the stage , be glad to be sharers or quarter sharers in it , and to be either actors or ministerial to them , and especially to be applauding spectators when by the ill poets of the play , they shall be well paid to line the pit boxes , and galleries to cry it up : and thus the wit and philosophy of a great lady have been celebrated in the vniversities by heads of colledges , and lodged there in libraries on the expectance of her being a benefactress . and if any tecelius would come not as a sturdy pardon-pedlar as before to require mony ( the which thing then proved so destructive to popery ) but to distribute it , there would be enow to receive it ; and among the indigents for a while , according to the stylus curiae romanae in mr. colemans letter of march the th , to the internuntio , a little mony , i say a very little will do . but conclamatum est as to the state of religion it self as well as of the power of any prince , when men come to be bought by him either into religion or loyalty . the profusion of money in the way of legacies by any one , is a sign of his being near his end , and tacitus therefore saith it not improperly of otho , pecunias distribuit parce nec tanquam periturus . and thus is any princes power and likewise religion near expiring , when once he comes to buy of hydras heads , as mr. hobbs's expression is in his history of the civil wars . i know that it hath been the common practice of kings to buy of demagogues , and some of their ministers have perhaps been apt to think that those who formerly were by their artifices able to make the disease of sedition in the minds of the people , had likewise the greatest skill to cure it ; in like manner as any doctor of phsick who could make a quartan ague , or any other disease , would be held in the greatest repute for ability to cure it , it being perhaps more easie to make a disease then to cure it , as composition is more easie then analysis and multiplication then division : but the too dear bought experience of princes , hath seal'd the probatum est , in this case of all popular wizards , losing their power of charming , when they have been captivated with royal gifts , witches according to the vulgar received opinion , being unable to hurt when they are in jayles . there is another notion i d●scanted largely on before , and that overstocks the market of expectants to be bought off , namely , that all men naturally think themselves equally wise , and therefore as any ship that sails faster then another , is in the sea-phrase said to wrong it , so are men apt to think themselves wrongd by those who with gales of court preferment get beyond them . moreover tho the power of gold be still what it always was namely the most ductile thing in nature next to degenerate man made ductile by it ; yet will any prince be impoverish'd who buys gold or men of golden abilities and great parts too dear by preferments and donatives : for such donees will be continuando-beggers , and everlasting expectants of further gifts , and their conversion either to a princes interest of state or religion must be still nourished by the same thing it was made of ; and therefore it was worthy the wisdom of solomon to observe , that he that oppresseth the poor , and giveth gifts to the rich , shall surely come to want . and most certainly here , as in france , the play of a prince who shall use that game to win souls , will not be worth the sorry candle of conversion he shall light up ; and the conversion of sharpers will be of such who will soon run away with the stake of their souls they have laid down . the fisherman of rome st. peter's pretended successor , can neither in france , nor here with a drag-net of conversion , catch thousands of souls ▪ at a draught , as st. peter elsewhere did : but must angle for every convert , and that with a golden hook , of which the value is more considerable to be lost , then is that of the fish to be taken , and from which hook too it can invisibly get off at pleasure . a prince of that religion will have more occasion for the multiplying miracle of the loaves , then that of transubstantiation ; and the multitude that follow his converters for the former miracle , will be apt as soon to leave him as they did our saviour who followed him on that account . the observator on the bills of mortality shews us , that in december . the protestants in paris were but as one to : and 't is confessedly true on all hands , that the great scene of the late french conversions lies in paris , and even there the present ecclesiastical policy is to attaque t●e fleet of the hereticks , rather by merchant-men then by fire ships . i have never heard of any bishops survey of the persuasions there relating to religion , but in the index of mersennus his comment on the first chapters of genesis , i find it said , atheorum numerus luteciae , p. . and athei in gall●â , germaniâ , scotiâ , poloniâ , p. . i could find neither of those places in the body of the book ; but observe that in the learned fryars dedicatory epistle to de gondy the archbishop of paris , he says , quibus addo te hujus urbis & orbis parisiensis ut vigilantissimum praelatum sapientissimè constitutum esse , in quâ sicut eximiam plurimorum virtutem atque pietatem admiramur , à multorum etiam infesto & immani scelere longissimè abhorremus : ad cujus fastigium non video quid adjungi possit , cum numen omne pernegent , & ex eorum mente quibuscum familiariter degunt , sensum divinitatis , & consensum pro viribus evellunt . quamobrem impii suorum numerum in hac parisiorum luce ingentem esse aiunt atque gloriantur . but i have heard some more conversant in that book then i have been , relate , how that great master of numbers doth make the atheists in paris to be , : and it being justly to be supposed that those miscreants being wretchedly poor ( for that as aristotle has long since well observ'd , rich men are naturally 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or lovers of god , who hath provided so well for them ) they would presently seem protestants to qualifie them for turning papists , and receiving their conversion money , and would say as of old , accipe pecuniam & dimitte asinum , and instantly swell up the number of converts in paris . but popery gains nothing in reality by those fugitive converts : for the fool that saith in his heart there is no god , will be easily brought to say in his soul , there is no soul : and therefore say i , caveat emptor to messieurs the french converters : the volatile converts for a good quantity of solid gold , sell them but a little quicksilver , or rather smoak : and i think they may as well employ their money in converting the poysoners . there is another thing that makes it very impolitick thus to throw away good money on bad converts , and that is what hath been observed to be the effect of this expenceful project in france ; namely , that it makes the remaining part of the adherents to their former religion to be really the more strong , powerful and united . the wine that was at first in colder weather preserved by the lees in it , yet in the hotter season improves best by being rack'd off the lee , and thus it is with the adherents to a religion , when in the heat of persecution they are defecated from the viler part of its numbers . but yet on the other hand the mercenary religionists and religion-traders , do grow impoverished with their very gifts , and the vigour of their minds , and natural disposition to industry is thereby emasculated . i shall here once for all say , that by the word religion-trade , i intend no prophane reflection on religion as 't is in the scripture sense , the calling of a christian : but 't is they that prophane it , who by prostituting that high calling ( as st. paul styles it ) to low and vile ends , do indeed miscall it , and occasion others to do so too . and indeed we are out of the sacred writ advertised of the religion-trade and religion-traders . st. peter gives the alarm of false teachers , that shall through covetousness with feigned words make merchandise of them : and one chapter in the apocalypse , as generally interpreted by protestants , makes his pretended successor to deal in the merchandise of gold and silver and precious stones , and pearls , &c. and slaves and souls of men. and as in rome at present , and long since , the only considerable trade that is driven , is that of religion , there being scarce any secular merchants there but iews , and those too chiefly dealing in frippery , so is the great trade thence forced upon the world from the apostles see , relating to the souls of men. 't is there the great bank of souls is kept , and the security of rome is expos'd for that bank , as that of the whole city of amsterdam for its bank , the which doth not more enrich the merchants that deal with it by saving to them the expence of their time , and preventing their receiving of bad money , then the other bank of souls doth impoverish its merchants by defrauding some of their good money , and others of their pretious souls by it , and by the lavish wasting of the time of others , and making them who embanked their talents of good natural parts and wit there , but in effect to wrap them up in a napkin , and both by believing some of the papal tenets , and by being paid so much and no more for the same , and not providing for their families as they might have better done by substantial and even mechanical trades , to be worse then infidels . 't is but natural to suppose that a man of two trades will neither to any high degree improve them , or his estate by them , suitably to him who minds wholly one trade : and the adventitious gain of a man in any profession , who is a religion-trader doth but entice him to the idleness whose effects render him unfortunate in both ; and therefore i account that the see of rome , unless it could pretend to infinity of treasure , as well as infallibility of judgment , and whereby it might plentifully by pensions tye all its devoti only to the religion trade , loseth its oyl and labour in the largesses it affords men of other trades . the prying people of england , next to their algebraing out ( as i may say ) the authors of murder , have that curiosity too to discover the ways by which any of their neighbourhood do subsist , and when they knew them to have no paternal estates , nor to have acquired any by marriages , or by skill and industry , and success in their particular professions , yet see them live with equipage and splendor , they often with justice resolve the cause of their living so , into the contributions they receive from the religion-trade : but yet 't is a familiar thing to observe that other artists in the same secular calling with them are therein more diligent , and more dextrous , and more thriving , and too more frugal ( as having that only to depend on for their maintenance ) then such journey-men of rome as are aided in their expences by contributions from holy church , by which the births of their fortunes are thus in a manner over-laid . of trading persons and companies being undone by donatives , and being diverted from necessity , compelling them to an excellence therein by their being provided with golden bridges to retreat from want and hard labour by , we have a remarkable instance in st●w's survey of london , where he inserts the famous will of mr. iohn kendrick citizen and draper of london , who dy'd in the year , wherein he , for the advancement of the woollen manufacture in certain country corporations that were then and before eminent for and by that manufacture , bequeath'd great sums of mony to them , as for example , to redding l. and l. to newbery , and moreover ordered l. to be lent gratis to the clothiers of newbery and redding ; but under the weight of that charity of his their trade was in the event really depressed , and many merchants of london occasionally broke by that means . and sutably to the operation of the religionary trade and the other secular one , impoverishing several of our iesuited and other lay-papists , the late times gave us the experience of several tradesmen who being of a slothful disposition , thought it for their ease to get some little salaries from the state , or voluntary contributions from some of the sectarian populace to eek out their maintenance , and that particularly under that great idol oliver cromwel , who so fatally ruin'd the trade of england , and resembling the pope in being a cape merchant of souls , was not undeservedly in the time of his reign greeted in print by the title of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 by a reverend divine of the church of england , the which was applyed to oliver in the title of the book , and he it was that begger'd the nation , and then taught it to cant ; and then did that pharoah otherwise then in a dream make the lean cattle of canting words and phrases devour the fat of the land , and much of solid improvement , even in mechanical arts and sciences , and then it was that various clanns or corporations of canters only by being such , monopolis'd the preferments of church and state , and few were admitted to prattique there but such who had the plague , and were as idlers , pests to the kingdom , and who had embanked their souls in that great religionary bank of his setting up : and yet then those adherents of his that sold the wind of inspiration were in comparison of the substantial other traders , who soly depended on excelling in their particular trade , as poor almost as the lap-landers who sell other winds . but that which is much more momentous than the impoverishing of all these particular religion-traders , and even the diminution of trade in general , ensuing the profusion of profit by donations on the account of religion , is that religion it self is hereby impoverished , and its most vital part sincerity hereby in danger to be exterminated . for as 't is a thing well known to merchants and goldsmiths and mint-masters , that if the par ( as they call it ) or exact proportion between gold and silver be not observ'd in any country , either the gold will carry all the silver out of it , or the silver all the gold ; so it may be affirm'd too , that if there be not a par or proportion observ'd as to religion and profit or wealth , either the religion of a country will carry out all the profit or proventus of it , or the profit will carry out or exterminate religion . i will not therefore here prophecy that the world will never , but say that it can never be fixed in a quiet and orderly state , and free from the importunity and sedition of hypocrites till its present state be such that men can neither get nor lose by religion : and till the world recovers this golden age , namely , that gold cannot carry out our religion , ( and people us with hypocrites ) or our religion gold , the world will be but a great disorderly house and scarce worth any mans being monarch over it . as the irish call their last rebellion by the name of the commotion , so some have happen'd to call the present state of peoples minds in england which is so disorderly by the name of a fermentation , and this fermentation can never be over in our english world , till there shall here be neither profit or loss by religion , and that no man shall be more or less rich by more or less combining with any party , to cry up or decry any religionary tenets or propositions . one would wonder that since religion , and particularly the christian , with its credenda doth crown the reason of man , and likewise annex by the exuberance of the divine benignity a crown of glory hereafter to the believers , that any men should for their belief of propositions not contrary to reason , and wherein the credit of the propounder was supported by miracles , expect to be rewarded in this world , a humour that hath been regnant even among christians , from the time of our saviour's being on earth to the present age , and a humour that so poyson'd the iews of old , that they thought it not tanti to have their minds freed from the slavery to error , unless the messias would have deliver'd them from the servitude of the romans ( and because he did not , and did decline the being made an earthly king when the iews with their hosannas were tempting him to it , they accused him capitally for saying that he was a king , whenas it was not he , but they that said it , and they put him to death reverà because his kingdom was not of this world ) and a humour that would not quit the stage when the first christians did , but boldly still faced the world , as appears by the notion of the millennium having been so much applauded by all the fathers of the church and the christians before the first nicene council . but methinks from the example of the christians of old who did ambire martyrium to such a degree that st. gregory saith , let god number our martyrs , for to us they are more in number then the sands ( as if the work had been too hard for another archimedes with his arenarius to calculate the number of the martyr'd christians , and one author accounts that , excepting on the first of ianuary , there is no day for which records do not allow martyrs at least , and that for most days they allow , and who did ennoble the christian religion , by shewing to the world an example of contempt of death , and even of life beyond that of the ancient romans ) i say from the example of those christians who did in shoals dye daily for their religion , ours may , if they please , be taught the modesty not to expect daily livelihoods from it , and to account they have very fair play if they do not lose their livelihoods by it . 't is moreover observable that under the iewish theocracy providence had then so ordered things , that no man should get or lose by religon . the tribes had then their shares of the good land by lott , and the levites only had that affluent proportion of the proventus of the other tribes that i have before calculated , and which would have tempted many of the other tribes to have march'd over to the officium and beneficium of the priesthood , had not god their monarch provided against that , by the confinement of the administration of the priesthood to one tribe , and its descendents by natural generation . but as to the notion of getting or losing by religion , i shall recommend to your lordships reading a small pamphlet printed in two sheets of paper in folio , and call'd the great question to be consider'd by the king and this parliament , &c. to wit , how far religion is concern'd in policy or civil government , and policy in religion , &c. on the disquisition of which a sufficient basis is proposed for the firm settlement of these nations to the most probable satisfaction of the several parties and interests therein , and subscribed by the name of philo-britanicus . who the author of it was i cannot learn , but do easily find by the book that he is a man of great acumen of thought , and that matters of religion and state , especially relating to this kingdom , have been very much thought of by him , and that the author was certainly neither papist nor presbyterian , and so far from being a favourer of the church of england that he doth interminis make the publick maintenance of the clergy to have been the bone of contention in these nations , p. . and there saith , it will be found to stand on the same foot with abbies and n●●neries and their lands , and there further as a propounder would give all the church-lands to the crown , and the tithes to the people ; and then tells us , that all fears and iealousies and animosities on the account of religion , will be pluck'd up by the roots . that author in p. the th doth very acutely observe , that popery hath two parts , the one is that which is meerly religious , that is which relates properly to religion or conscience , and which is peculiar to them , such as the believing of transubstantiation , purgatory , adoration of saints and images , yea , and the superiority of the bishop of rome over other churchmen , all which and those of this kind may be believed and professed without prejudice to civil society , and as being matters relating to conscience come not properly under the magistrates cognizance : the other part is the opinion of the pope's power over princes and states , his obsolving the people from their obedience , his giving them dispensations to kill princes and destroy them , and allowing them not to keep faith to hereticks and such like , which as they are destructive to government , are truly no part of religion , but a politick contrivance , long hatch'd by the bishop of rome and his dependants for the establishing to himself a firm monarchy in the world , and therefore ought to be guarded against and punished by the magistrate , not as errors in religion , but as destructive to the government . the author of omnia comesta à belo as great a calculator as he would go for , was yet but a blunderer in respect of the author of this discourse , in which there is so much smoothness of words and plausibleness of notion , that if it were possible he would deceive some of the very elect , and that too , of their established maintenance . but whatever the sentiments of that author were , i must affirm that as ample as the revenue of the church of england shews , if compared with that of other protestant countries , it is yet so far from excess in its proportion as to ward off all inconveniences from the state of mens getting by religion . the over ballance of land here was so much on the churches side in the times of popery , that it was then in our provincial constitutions sulminated as a menace to the layety that in case of some particular contumacy , none of their children should be admitted into the clerical calling for three generations . but how nugatory would such a threatning now be ! there are few or none of the inferiour clergy , but might have in inferiour callings arrived at greater incomes and with less charge of education , and the most envied of our dignified clergy might in the other two of the great professions , viz. in law and physick raised their estates and families on better and easier terms then they now can . and that the men of the most eminent natural parts would be losers by religion , i mean by the clerical profession but for the encouragement of these dignities , we have an indication from the quality of the divines in the late times , who were generally so unlearned , that learning it self then seemed to have retreated from our vniversities to the colledge of physitians in london . notwithstanding the great sums of money by the usurp'd powers employ'd in the augmentations of livings , one may well suppose that all of the livings in england except needed , for that was the number of the livings in england as beforesaid averr'd to have afforded a competent maintenance for a minister , the dearth of learning and learned men still continued , insomuch that the teeming press then brought forth few learned discourses , relating to the faculty of theology but what was published by dr. hammond , dr. taylor , dr. sanderson and some other divines born and bred in the sunshine of the church of england . and i do believe that in holland the livelihoods for their parochial divines , are better then those that our livings at a medium yield , especially considering that the dutch ministers widdows have l. a year paid them during their viduity : but for want of such encouragement as our dignities afford for the educating their natives in learning , they are constrained as mr. philip nye observes in his book called beams of former light , p. . to send to forraign parts to men to be their professors , in their academies . and i account that nothing less then the hopes of being dignitaries , could in the flourishing condition of the church of england make so many of our learned divines take up with the poor generality of our livings , which are such that the answer to the abstract published by authority in the year , mentions in p. , that surely if a survey were taken of all parish churches and parochial chappels in england , i dare affirm that it would fall out that there be double or treble as many more livings allotted for ministers under the true value of l. a year , ultra omnia onera & reprisas , as are above that rate . and that our divines in the late times look'd on such a yearly sum as an uncomfortable pittance for a minister , we have an instance in the story told in a history of the late times in print , where a patron desiring one to recommend to him a godly man for a living of l. a year he then had void , was answered , that a godly man could not be had to accept of a living of so small a value . it is moreover a lamentable thing to consider what an excisum hath been put on the value , even of our poor livings , by the simoniacal practices of lay-patrons : and in their hands the greatest part of the impropriations hath been computed to be . sir benjamin rudyard a famous parliament-man of the last age , in a speech of his in behalf of the clergy , spoke in parliament and printed at oxford , anno , speaks there of the scandalous livings we have of l. and mark a year , and cites bishop iewel for complaining in a sermon before queen elizabeth , that the simony of our lay-patrons , was general throughout england , and that a gentleman cannot keep his house unless he have a parsonage or two in farm for his provision . and how generally a simoniacal disposition hath continued to infect our gentry , appears by the vile bonds that have been so much by lay-patrons imposed on the ministers they presented , viz. to resign their livings again to them at pleasure ; and it is for the lasting glory of the lord chancellor , that he hath in court declared that he will on occasion null all bonds of that sort , and no doubt but the accidental encrease of the poverty of the gentry , which hath tempted them to sell the same land twice , and to sell the same living once , will tend to the encrease of simony . moreover when it shall be considered , that the case of a minister is such , that tho lay-men are secured by the great charter from being punished for contempt of the king's commands , otherwise then with the saving of their contenement and free-hold , yet that he holding virtute officii is lyable by the kings ecclesiastical laws , even for those things that in the layety are no offences to be deprived of the free-hold , that the law supposed him as parson or vicar to possess , and that he by the artifice of the said bonds , hath had the benefit of his free-hold , in effect during the patrons le●eplacitum : and further , that every new political conjuncture threatens him with new subscriptions from the magistrate , and new nic-names from the mobile , and that on any change of religion , he is sure to be put in the forlorn hope , and that he tho continually thinking of divinity , which is his profession , hath not yet that freedom to speak all his sentiments of the controverted part of it , which a lay-man enjoys , and that he is still exposed by constant thinking to prey on the membranes of his own brain to find notions for sensless people , methinks after he has all his life before , been constrain'd to take these bitter pills as they are in themselves , none should repine at their being gilded for him in his declining age : and if among ten thousand of these , twenty six shall in their old age have the revenue of bishops , and five hundred of prebends after so many shall have drawn blanks in the lottery of preferment , those few that shall draw those prizes , need not be envyed for what they have acquired by the theological profession . it was both with justice and prudence by our laws caution'd that so great a part of the clerical maintenance should arise from tithes , for by that means our clergy are engaged to make the interest of their country and its improvement their own ; and had they not had so much of their maintenance sounded on tithes , but on money out of the exchequer , as they had before this time lost excessively by religion , so religion would have lost their calling : for that the price of silver falling by the plenty of it , and the plenty or encrease of our people making all the products of our country dearer , it hath been advantageous to our clergy to receive their tithes in kind , as it hath been to colleges to receive a quota of their rent in corn. but that still the maintenance of the inferior clergy , was too mean , will appear even by the late enemies of our hierarchy being judges , for mr. nye in that book of his , called beams of former light , having spoke of the ministers calling , being once a gainful one , saith p. . it is vtterly otherwise now , not but that there is a very liberal maintenance appertaining to ministers and greater by the bounty of the honourable parliament , then the preaching ministry have formerly enjoyed . the gradual encrease of our people and trade , hath proportionably encreased the clerical revenue which on the beginning of the reformation was presently sunk , so that latimer in his sermon before edward the th said , we of the clergy have had too much , but that is taken away , and now we have too little ; and what iewel in his sermon notified to queen elizabeth of that kind , i have mention'd , and so languid was the state of the maintenance of the inferior clergy in her time , that she by one of her printed ecclesiastical injunctions , anno . did under great penalties , forbid all priests and deacons to marry any woman without the advice and allowance first had by the bishop of the diocess and two iustices of peace , which i suppose was caution'd by the queen , that the many ministers who had not competent livings to maintain themselves , might not marrying wives without dowries , by new births , encrease the number of paupers in parishes . it is observable , that in the late times the iesuites did publish many pamphlets in print against tithes , and did animate the people to make tumultuary addresses to the usurpers to abolish that maintenance of the ministers , wherein as their politicks were so unjust to our monarch , that had they succeeded , they would have barricaded the way for his return in the minds of too many of the people for fear that the payment of tithes should return too , so likewise were they so ridiculous by cutting off all hopes of the return of popery here in any conjuncture of time , that less then an army of bellarmines would never have perswaded the common people to hear with patience any talk of holy church's re-establishment here . tho , as i have shewn , that tithes by reason of the equality in the imposition of them , and the diuturnity of time that hath habituated people to the payment thereof , are a gentle part of the yoke of our ecclesiastical government , yet if the payment of them or any other tax , whether of excise , customs , or chimny-money were for many years discontinued , there would be no probability of bringing either the old stagers or new comers in the world to consent or hearken to their being re-established . the critical observers of the iewish state , after ten tribes had made a schism from the other two , judge that there were two conjunctures of time , wherein their piecing together was fesable , and that the great true cause in nature that hindred the re-union of the tribes , was the aversion in the ten tribes to make three chargeable journeys yearly to ierusalem , and to pay a double tenth yearly out of their estates ( besides offrings and other casualties to the priests and levites ) from which trouble and charge they had been relaxed by ieroboam , and by his model of idolatry : and therefore the people having most inclination to that religion that was cheapest , and knowing that if they return'd to their old religion , they must likewise return to their old payments to the priests and levites , did venture to adhere to the cheaper golden calf : and had the iesuites here effected from the usurpt powers the abolition of the clergies tithes , which would have made the return of the church of england so difficult , i may well argue that it would have made the return of the papal religion , and its chargeable idolatry impossible , whose yoke of payments neither we nor our forefathers were able to fear . but when senseless ●anaticks came with those petitions against tithes , the more sagacious of the usurpers knew that the hand of joab was in them , and they knew that hardly any observation was more trite then that popery gained ground , chiefly in the poorer parts of the kingdom , where the despicable maintenance made the ministry so too , and where too the pope would no more hunt for converts then among the poor norwegians , but that it was of use to him to have the number of his subjects increas'd in any poor places in a rich kingdom , where he tho a spiritual king might yet call his subjects to fight . sir benjamin rudyard takes notice of popery's being an intruder among the poor benefices of the north , in the speech before cited , and there saith , p. . that to plant good ministers in good livings , is the strongest and surest means to establish true religion , and will prevail more against papistry then the making of new laws , and executing the old , and there p. . relates what king iames had done for the supporting of the protestant religion in scotland , where ( saith he ) within the space of one year , he caused to be planted churches throughout that kingdom , the high-lands and the borders worth l. a year a piece , with a house and some glebe-land belonging to them , which l. a year considering the cheapness of that country is worth double as much as any where within an miles of london . and p. . he mentions some passages of bishop iewels sermon before queen elizabeth , where the bishop having in general reflected on those that then caused the diminution of the maintenance of ministers , he further saith , howsoever they seem to rejoyce at the prosperity of sion , and to seek the safety and preservation of the lords anointed , yet needs must it be that by these means forraign power , of which this realm by the mercy of god is happily delivered , shall again be brought in upon us . such things shall be done to us as we before suffer'd in the times of popery , &c. 't was there before mention'd how that man of god with a flame of zeal , reflected in these words on the queen her self , our posterities shall rue that ever such fathers went before them , and chronicles shall report this contempt of learning among the plagues and murrains and other punishments of god ; they shall leave it written in what time , and under whose reign this was done . if the good bishop had considered the vastness of queen elizabeth's expences before mention'd , in desending the protestant cause , contra gentes , he would have given her day to have built and endowed some churches ; and to those expences before mention'd , it comes into my memory here to add what i then forgot , which is related in the travels of mr. fines moryson , who was secretary then to the chief governor of ireland in her reign , viz. that she expended in years time on that kingdom , a million and one hundred ninety eight thousand pound sterling ; which sum so laid out then on ireland , will seem the more considerable , when by a late report of the counsel of trade in that kingdom drawn by sir w. p. the currant cash of that kingdom is made to be but three hundred and fifty thousand pound sterling . but this by the way , and to resume my discourse of our clergies neither getting nor losing by religion ; i shall say that as the acceptable free restoration of the church as well as the crown to its lands , shewed that there was no fear of its injuring the ballance of the kingdom , or hurting religion by its weight , so hath the following acquiescence of all dis-interested men in the same , evinced that weight to be no gravamen . in a pamphlet called a letter from a person of quality to his friend in the country , printed in the year , generally supposed to be writ by the earl of shaftsbury , and which asserts the justice of the declaration of indulgence , the author in p. . speaking of the church of england , becoming the head of the protestants at home and abroad , saith , for that place is due to the church of england being in favour and of nearest approach to the most powerful prince of that religion , and so always had it in their hands to be the intercessors and procurers of the greatest good and protection that party throughout all christendom can receive . and thus the archbishop of canterbury might become not only alterius orbis , but alterius religionis papa , and all this addition of honour and power attain'd without the least loss or diminution of the church : it not being intended that one dignity or preferment should be given to any , but those that were strictly conformable . the natural inclination in all ingenious men not to cast an evil eye on the church revenue , appears in mr. marvel 's second part of the rehersal transpos'd , p. . where he saith , i am so far from thinking enviously of the revenue of the church of england , &c. that i think in my conscience it is all but too little , and wish with all my heart that there could be some way found out to augment it . and our ingenious and great lord chancellor bacon , in his certain considerations touching the pacification of the church of england , hath with great equity decreed our parliaments to be in some sort indebted to the church . moreover that gentlemanly way of writing used by our great divines , in a late conjuncture against popery , and so suitable to the refinement of wit and reason in the age , and wherein without the pedantry of unnecessary words or quotations , or raising a dust out of the learned rubbish of the schoolmen , they generally with a manly style and clear reason and skill at that weapon got the sword out of their enemies hand by the argumentum ad hominem , and shewed us that popery and implicit faith were not calculated for the meridian of this age , hath ( i think ) made all ingenious men conformists in this opinion , that if their genius had been cramp'd with the res angust a domi , their thoughts had not in their books appeared so great , and therefore i hope that all the well writ works of their hands , and seasonable discourses against popery at that time when it was ready to curse us , and to rise up against our religion , will make all thinking protestants to say amen to that prayer of moses , bless o lord levi 's substance , accept the work of his hands : smite through the loyns of them that hate him , that they rise not again . it will i doubt not appear to rational and thinking men , that our little interloping churches or congregations that set up with their precarious power , and small stock of learning or revenue , will no more be able to break the great compacted body of the papal church , that hath the monopoly of the religion-trade in so many parts of the world , then a few interloping merchant-men to break the opulent dutch east-india company , who have engross'd so much of the spices of the world , that sometimes they cause several ships loadings of them to be at once consumed , as knowing what quantity , and no more will be useful to the world. and somewhat like that thing too , the polity of the anglican church in harry the th's time perform'd while it drove a religion-trade with rome , and yet consumed a great quantity of its superfluous merchandize , and the same thing hath been done by our national church , as to remaining parts of the romish superstition in succeeding times , and indeed superstition which is a kind of nimiety of religion , is so incident to humane nature , and is so destructive to the polity of churches , and the substantial commerce of nations , that it is worthy the power and care of nations to consume it . and considering that the church of rome hath still valued it self for being terribilis sicut castrorum acies ordinata , it is a vain thing to contend with such a regular church militant , without our having of general officers , and as exact a conduct , or to think to have such officers without honourable maintenance from the publick : for none doth go a warfare at any time at his own charge . when i think how in the primitive times , while a cloud of persecution was always over the head of the christians , that yet they strain'd themselves so much in contributions for the pastorage of their souls , that all the pastors then were so far from losing by religion , that some were tempted to that office for filthy lucre ( as we may see out of peter ep. . ch . vers. . ) tho yet too so little comparatively was to be gain'd by all thereby , that others probably undertook that office by constraint , as the same place intimates , and that therein the apostolick prudence was conspicuous in ordering it upon the whole matter , that the generality of pastors then should not get or lose by religion , i may reasonably conclude that we who live in the flourishing and prosperous state of christianity , ought to provide that the meanest pastor of souls in england , may live competently and decently by that office : and for my part i shall never give my voice for any ones serving in parliament , that will not be willing to move for the discharge of the debt to the clergy before mention'd , as soon as the state of the kingdom will bear it . sir benjamin rudyard in his aforesaid speech p. . mentioning the danger we are in of being upbraided by the papists , for being willing to serve god with somewhat that would cost us nothing , hath a saying that i have often heard cited in discourse as anothers ; namely , he that thinks to save any thing by religion , but his soul , will be a loser in the end . and this notion of his of not saving by religion , doth fortifie my affirmation of the publick inconvenience accruing by the getting by it , as to which i have so opened the present state of the clergies maintenance in england , as to represent them rather losers then gainers . when 't is considered how many there are in england of the layety , who gape for gain by religion , and are ready to devour one another for it , as well as religion by it , i am sure none can with reason think the quota of the clergy's maintenance , should be such as in the time of the prosperity of the state to render them losers . how scandalous and how ridiculous , nay , how ridiculous by poverty it self , many of our lay-popish and protestant religion-traders have been , i have already evinced ; and do suppose that nothing can blacken that trade in the fancies of the people , more then the discovery of the traders , who must needs appear more odious then they who are the mercenary brokers , for the debasing of humane nature by lust , since the hypocritical religion-traders do for rewards prostitute the honour of their creator , and as much as they can make the divine nature subservient to the diabolical art of their hypocrisy . before the late market for converts in france , i have not heard or read of any nation in the world , wherein great parcels of the layety have gain'd mony by religion , but only in england . i believe that in amsterdam ( whereas des cartes saith in one of his epistles , nemo non mercaturam exercet ) there is not one religion-trader , tho yet all religions are there tolerated . nor yet is any lay-man of that trade in paris who is of any other . and in the policy of the turkish empire , 't is provided for as a fundamental , that nothing shall be there acquired by religion ; insomuch that all that emperor's subjects as well as himself being by their law enjoyn'd to be able to practice some manual trade , when any are call'd out to discharge the office of priests , or celebraters of the publick religious worship there , such exact care is taken , that they shall get by the exercise of that office , just so much and no more , as they did by their manual trade : for which purpose , an excellent person who was the king's ambassador at constantinople , related to me , that he complaining to the visier of some injury done by a turkish priest to one of his servants , the visier deprived him of that holy employment , and that the priest being afterward sent to petition to be restored to his place , he answered , that he would not , being as well content to work on in the mechanick trade , to the exercise whereof he was returned since his said deprivation . but this trade and sort of traders that hath so long pester'd our kingdom , is now about to expire and dye a natural death , and which it could not before be brought to do by a violent . and as the trade of sturdy beggars , the which is as much a trade and as much conducted by laws among themselves , as is any incorporate one that hath the stamp of the great seal , could by no legislation be extinguished , but would soon be so by peoples voluntary forbearing to be their contributers , thus too will this sturdy religion-trade have its period . our fifth monarchy-men who thought to inherit the earth without giving sixteen years purchase for it , and who pretended to follow the lamb wheresoever he went but really out of dreams of a golden fleece , are by all exploded . the condition of britannia languens , and that too very much occasion'd by the former insolence of the papists , being understood at rome , will make the old gentleman there think 't is vain for him to hope to be possess'd of the abby lands without giving for them many millions of pounds sterling , and the papists here will i believe so soon penetrate into the present state of our poverty , that they will find no way effectual for the delivering them from the vexatious prosecutions of protestant informers , but the removal of that decay of trade , and general dearth of many that has necessitated so many to be informers , and who cause them to spend upon under sheriffs more money then they save by not being high sheriffs , and which decay of trade hath sunk a th part of the value of their lands , and which can never be cured but by the dissolution of the religionary one ; and finding the credit of the iesuites society crack'd , as i have before express'd , will find that their iourneymen calumniators ( as mr. sergeant calls them in a paper of his i have seen ) must necessarily break too , and it being found that not only our enthusiasts are forced by necessity of nature to desist from expecting any gain by religion , but all protestants whatsoever , the popish traders therein will be the more content to give over one of their trades , and the fare of them will be like that of the associated jesuites , to march out of their spiritual corporations insensibly , like the captious scribes and pharises in the gospel , of whom 't is there said , being convicted in their own consciences , they went out one by one beginning at the eldest even to the last , &c. tho as i said no man in holland doth get or lose by religion , yet since the reformation there was a controvery of religion , i mean the armimini●n one which made an extraordinary fermentation in their state , and which controversy tho knaves there frighted fools with , as if it were stirred by the remonstrants , with an intent to bring in popery ; yet the knowing few easily understood that neither side of the question could produce that effect , and they likewise understood that the profession of the belief of the several opposite points of that controversie among the opposite parties there , serv'd only as ribbands of several colours , to distinguish parties that are against each other in arms. and yet that very great controversie in religion , which divided holland and distracted our kingdom in the time of the royal martyr , and the substance of which perplexed the trihaeresia of the iews , the saduces , essenes and pharises , and likewise three sorts of christians , the pelogians , calvinists and arminians , and that of old divided the sects of the philosophers , and hath many years raged among the turks , and likewise among the iesuites and dominicans , after its having for so many thousand years troubled so many millions of mankind , seems lately to be retired to its eternal rest , and the sullen world seems resolved to hear and read no more of it , and none i believe will get or lose any secular profit by his sentiments in that controversie ; and 't is probable that the controvertible part of popery may thus go silently out of the company of people in this kingdom , and without so much as troubling us by taking a formal leave , give rest to it self and us , and that none will in this our world get or lose by that part of popery that can properly claim to be call'd a religion . i have usually in this discourse called it an hypothesis or supposition , which i chose rather to do then to call the entire body of it a religion , which i know that it is not and cannot be , and that popery and the former scotch presbytery , and socinianism are not in the gross called religions otherwise then 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . i will not quarrel with papists for calling some points before mentioned , wherein disputants will be still playing with the dye of controversie , by the name of religion , and i will give tho not grant them my consent for applying that name , to the believing that the pope is the principium vnitatis , and there are not many propositions in the chronologia haeresium , sectarum & schismatum , and in the haeresiographis that many have publish'd , that i would think a man to have laesa principia that did call tenets of religion ; and there are in popery many things enjoyn'd , that tho i look on as needless impositions and new inventions , for the diverting the melancholy , i shall not gainsay any one that shall call religion and represent them as of apostolical practice , tho the birth of many of them was reverâ but of yesterday . and thus let the mixing of water with wine in the eucha●ist , and the fasting on friday , pilgrimages to the sepulchres of martyrs , the priests using a low voice in consecration , and let the canonization of saints , the institution of saturday mass in honour of the virgin mary , the invention of the red hatts and scarlet cloaks worn by cardinals , the institution of the year of jubily , the popes every year consecrating a rose of gold , the sound of the bell at the hour of mid day , the rosary of the virgin mary , and likewise the baptization of bells , be all baptised with the name of religion , and many notions and practices likewise more peculiar to popery . and tho the denomination of things is from the better part , as mines are said to be of lead , or silver , &c. from the quantity of the metal there most valuable , and so i can be content to call a complication of tenets of which some are erroneous by the name of a religion , yet in any systeme of religion or confession , that may happen to appear in the world more pure and exact then the augustane , or the helvetian , or the saxonic , the gallic , or english , or belgic , or bohemian , and more accommodate to the true sense of the councils and fathers , and the best expositors then the former , and containing more satisfactory explanations about the propagation and entrance of original sin , the nature , order and offices of angels , and of the consistency both of gods immutable decrces , with the contingency of second causes , and of the efficacy of god's grace , with the freedom of mans will , and of the time , place and antecedents of the last judgment , one single notion relating but to a commandment of the second table , incorporated with such a confession of faith , would make the applying the name of religion to the whole to be very ridiculous and nauseous , and make it more fit in the gross to be called a confession of faction , or of conspiracy against mankind ; and any one will think so if that one article should be thus inserted , and we further think it commendable at some seasons of the year , to kill the next man we shall meet . and yet as harshly as this sounds , there is that in popery and likewise in the doctrine of the resistance of princes contrary to the municipal laws , that doth hear worse , and that is tho not ajustification of the killing the next man to be met with , the effect of which would yet make men excite their natural courage and fortifie it with skill , and be provided with good arms , whereby to be always ready to defend their country ( just as the spartan law of punishing no man for theft that was not taken in the fact , made men more vigilant in the custody of their goods ) namely , the killing multitudes of the best men that can be culled and singled out of the faex of mankind , and such of whom the world is not worthy , in so much that we are told by alsted in his chronologia testium veritatis , that ab anno , usque ad annum , novies centena millia christianorum in b●lgio , gallia , anglia , italia & hispania , religionis causa trucidata sunt : atque inter eos fuerunt , barones , comites , principes , and the killing of ten thousand subjects next met , would not be so destructive to kingdoms as the killing of one king , for according to the computation and the style of the scripture , he is worth ten thousand of us . my lord arch-bishop laud in his famous speech in the star-chamber p. , , &c. answers some mens charge of innovation against our liturgy , as to the prayers set forth for the th of november , and ordered ( they say ) to be read by act of parliament where one passage was , cut off those workers of iniquity , whose religion is rebellion ; and in the book printed . 't is thus alter'd , cut off those workers who turn religion into rebellion . his grace in the p. . there weighs the consequences of avowing that the popish religion is rebellion : and in the next p. saith , that if you make their religion to be rebellion , then you make their religion and their rebellion to be all one . but in my poor opinion several of the great points of their religion so called , as even transubstantiation it self and many others , are not to be term'd rebellion , but other points before mentioned can properly be term'd nothing else , and when all those tenets are so complicated by them , that they do all conjoyntly integrate their religion , then is there pretended religion , when really believed , and practised , a real rebellion . the best advice therefore that i can give to a papist is that of the old philosopher 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , simplifica te ipsum , and that of a iewish rabbi , comede dactylos , & projice for as ●uritiem . the world is a weary of seeing any men joyn what god and nature have parted : and of their projecting a communion between christ and belial , and making christ the minister of sin , as the scripture expression is . a great master of mechanics and of all sorts of refined learning some years since brought to light the invention of the double bottom'd vessel , and a rude description of it , being sent me for news into the country , i easily guessed that such a ship bearing much more sail then other ships , must needs go a great deal faster before the wind ; but i was not inform'd of the provision that the excellent artist had made against the danger of divulsion ; it being obvious that in some tempests 't is as much as one entire body can do to preserve it self against the ●ury of the sea. this hath been the condition of popery with its double bottom of principles , namely , to bear a great wide spreading sail , and it has heretofore in a quiet world sail'd apace before the wind and in fair weather , but the tempestuous debates its principles have raised here and abroad in the sea of the people , have made this old double bottom'd ship of st. peter in such danger of divulsion that especially with such pauls marriners as it employs , it can hardly escape . i doubt not but the papists as well as others of mankind , have a right and title to the free and undisturb'd worshiping of god and the confession of the principles of religion , purchased for them by the blood of christ : for religion being mens priviledge as well as duty ( just as the romans did account that they endowed any place with a priviledge when they gave them their laws ) they may thank their great redeemer for being restored to it . by the vertue of his blood , the papists stand seiz'd of a good and indefeisable estate of christian liberty , and they are bought with a price , and are therefore not to be the servants of men , and one is their master even christ , who is the lord that bought them ▪ and they are therefore to stand fast in the liberty wherewith christ hath made them free . socinus saith , he went on his knees to god to find out the meaning of the th v. of the th of st. iohn . and should i chance to over hear any one member of mankind at his private devotions , and importuning heaven to illuminate his mind with the knowledge of some point in religion , that he conceived necessary to his salvation , and acknowledging it to the praise of the divine goodness , that excited him to the use of all means whereby to discover it , that he had so far through the efficacy of assisting grace practised the truths , his understanding was possest with as to satisfie his mind that he was a serious supplicant for its being the depositary of more , i should be so far from wishing this man delivered over to satan , from differing for me in any controverted point of religion , that i should think that if the truth he was in quest of ; imported his salvation , god would send an angel to explain it to him . but as to one part of the double bottom of popery , tho we should grant it laden with fundamental truths , yet 't is notorious that the other is overladen with fundamental errors , and such as are apt to undermine the foundations of states and kingdoms , and there is no need of an extraordinary messenger from heaven to tell one embarked therein , that the pope is not to absolve subjects from the obedience of their princes , nor to cause an eternal fermentation and inqui●tude in the world , through his kingdom , ( that should not be of it at all ) yet being unbutted and unbounded by him in all the parts of it . i will likewise tell any soeinian that his great master socinus made such a double bottom of his systeme of notions , that it hath forfeited its right to the name of religion by one tenet complicated therewith , and that he ought to throw that off and simplificare se ipsum . let any one if he pleaseth call the socinians denying of the trinity in unity , and original sin , and the baptism of infants , or the divine prescience , and many other of their notions by the name of religion ; but there is own of their tenets that their master needed no long wrestling with heaven as a supplicant to find out the truth of , and which notion when really believed is as pernicious to crown'd heads and their subjects , as the lawfulness of any ones sometime killing the next man he meets , and that is , that my prince and i may not defend our lives against the next invader who comes to take them away ; for as to that great question , an bellum offensivum vel defensivum fit licitum , the socinians answer is negatur , which any one may see who pleaseth to consult the themata f. socini de officio christi p. . inter breves tractatus f. socini : and likewise his epistle to christopher morstias , p. . among his epistles . and thus let the well-willers to presbytery , call that erroneous opinion of their church government being founded on that divine right , and the immediate command of christ and his apostles a tenet of religion , but to confront the laws of kingdoms in the settling it , and to eradicate any part of those , and especially to root the inheritable monarchs power in popular election or approbation , and to make him but the peoples attorny , and his authority as revocable by them as a letter of attorney , is abusively call'd religion , and is only properly to be term'd sedition , or rebellion . i have been so copious in insisting on the necessary separation of all tenets that are denominable as religious , from those that are really irreligious and seditious under the gross name of the religion in any party , as a thing perfectly just in it self , and necessary for the quiet of the world , and do hope that the age that is so much addicted here to the improvement and polishing of our language , will incline it to do it self that right as not to give false names to things , and names of a contrary signification . we know that the standard of england in the mint refers both to weight and fineness ; and tho a piece of money may have the royal stamp on it , engraven with all possible curiosity , yet if it be not standard , 't is so far from being allow'd the name of any species of the kings coyn , that 't is instantly to be broken in pieces ; and as this is but just so is it but necessary for the quiet of the people , who else detecting it would suspect the whole credit of the mint , as well as of that species of money , and would either not take it or else with a clamour raise the price of their commodities for it . and thus it is too a thing unreasonable and troublesome to the world , for men to coyn false words or false denominations for any tenet in religion intrinsecally defective , what curious stamp of the artifice of any party soever it may bear : its reprobate silver is not to be call'd religion , and it makes religion it self lyable to suspicion among the inquisitive , it will trouble every hand it passeth to and from , and in giving a value to it , the people will raise the price of their tolerating it , and the world will never be quiet till its allay from the true silver be separated by melting it down , and it takes the name of religion only when it deserves it . what is more ordinary then for clamour to raise this question , will you punish any man for his religion ? and will you have any man lose by his religion ? and i see no end in the disputes of the question but by this answer , and by this it must find a period , viz. i punish no man for his religion , for that tenet that i quarrel with him about , is not and indeed cannot be religion . it is pure and rank sedition and rebellion ; and if any papist or presbyterian shall write or speak to make the kings power a bubble blown up by the breath of the people and so dissolvable , i shall esteem him fit to be proceeded against by the new statute of the th of this kings reign against sedition , and as a subverter of the fundamental laws , and do suppose 't will be ridiculous for any one to plead his religion in bar of that indictment , and he doth moreover deserve to be punish'd as a cheater for abusing the world and himself and religion too , by calling such a particular tenet religion , or a complication of many tenets by that name , where the vertue of them all is not strong enough to correct the poyson of one . the scripture doth punish those with a denunciation of a wo who call evil good , and good evil , that put darkness for light , and light for darkness ; and in this particular point of the calling any of the idolatries or impostures of the heathens or others , by the name of religion , i remember not any instance in holy writ , tho yet in other cases 't is not infrequent for the inspired pen man to speak cum vulgo . i observe that in the new testament the name of religion is several times applyed to the iewish after the world was freed from the obligation of it : but one of the holy pen-men speaking in one chapter of false apostles , useth the style of hating the deeds of the nicolaitans , and of holding the doctrine of the nicolaitans , and of holding the doctrines of balam : and another of the amanuenses of the holy-ghost speaks of doctrines of devils . if any man shall offer to my consideration a scheme of doctrines that relate to theology , and i find it is too subtle for my understanding to penetrate , i shall yet be so evil as to allow the propounder to call it a religion : and thus if papists or protestants would agree to call dr. gibbon's scheme , a religion or demonstration of it , i would not oppose theit calling it any such thing ; and the rather since it enjoyns not to me any thing that would break my own or the worlds quiet ; but when popery doth enjoyn so many tenets to be believed that are incredible to a rational man , and some things that are clearly impossible to a moral man , i will call popery in the gross any thing rather then religion , just as tully saith of those law-givers who did perniciosa & injusta a populis praescribere , that they did quidvis potius ferre quam leges . i find not that since the year . popery hath so discriminated it self by any alteration for the beter , as to overthrow the weight of king iames's saying then to both his houses of parliament , viz. that as it is not impossible but many honest men seduced with some e●rors in popery , may yet remain good and faithful subjects , so on the other hand , none that know and believe the grounds and school conclusions of their doctrine , can ever prove good christians or faithful subjects . there is one tenet in the doctrine of popery that your lordship shewed me once discust in print by a canonist , and by whom i was directed to trace it , both to the gloss and text in the canon law , that i having discours'd of , to a pious and learned neighbour of mine , who is a roman catholick , he obliged me to write to your lordship , that you would please to let any of your amanuenses transcribe , and to send hither to me the resolution of that lawyer , and determination of the pope in his law about it , and hath declared to me , that he will joyn issue with me in the plea about religion , in that being a tenet or principle approved by the church of rome ; and your habitual inclination to afford any one , tho a stranger to you , lumen de lumine , will ( i doubt not ) make it easie to you to gratifie my request in his behalf . he grants to me that if that tenet can be shewn to be one approved by the church of rome , that he believes there will be no occasion for disputants any more to attaque the roman catholick religion , and that as an independant author in the late times writing a pamphlet against presbytery , had this title for it , an end of one controversy , it might be supposed that a sheet of paper that without strain'd inferences could fasten that tenet on the doctrine of popery , would with better success make an end of that controversy . my lord this point discussed in print , that i refer to , is as i find it in the notes● i took thereof in your lordships study , in gundissalvus his tractatus de haereticis , question . . before which the summarium is thus , . civitas in quâ aliqui insunt haeretici an tota possit igne exuri , aut alias destrui . . civitas quando dicatur haeresim committere , ut universa destrui possit . . vniversitate punitâ de haeresi an singuli qu●que puniti videantur , ita ut amplius puniri non possint . the gentleman being of a nice tenderness of conscience , and having a quick sense of any thing that looks like gross impiety , was at the very nameing of the first and second question , surprized with a kind of trembling , and was somewhat more discomposed , when i told him that upon consideration of the whole matter , it appear'd even from the most moderate of the canonists that a whole city might lawfully be destroyed with fire , if the majority of it were hereticks , and that there were the judgment of the church in the case ; and like a man of a large and candid soul , he said , that he was sorry that humane nature could in any men so far degenerate , as to deliberate about such their destroying a whole city by fire , but would reserve his judgment on the point till he saw it before him in the quotations out of the canon-law , as well as canonists . what the event of his judgment will be i know not ; and i confess i have been very sparing of my time in discoursing with roman catholicks , about any point of the doctrine of their church , since i read it in cardinal tolets inst. sacerdotum lib. . cap. . and . p. . and in our countryman holcot a famous schoolman in lib. . sententiarum quest. . ad sextum principale in replica . that if he hears his prelate preaching an erroneous proposition which he doth not know to be so , and believes him , he doth not sin , but is bound to err because he is bound to believe him , & meretur volendo credere errorem . and he who believes he shall merit by going out of his way , i am sure deserves , that i should not much trouble my self to go out of mine , to put him in the right . but this is not the temper of this worthy gentleman , whom i have reason to esteem a lover of truth quatenus truth , and for its own sake , and one who doth not account falshood charming , or rebelling against the light meritorious : and indeed i have observ'd it in some others , as well as him , that after they have deserted the church of england , their inquisitiveness in religion has not been at its journeys end , but has still continued in its way , and that so far , that holy church and they have oft been apt secretly to be weary of one another . the rational religion they were first educated in , has had the allurements of the natale solum , that they could never wholy overpower . i have known three earls , one whereof was of the kingdom of ireland , and the other two of england , and all of them were men of great wit and parts , and such who being brought up in the religion of the church of england , went off from it to the church of rome : but receded not from the candour of their tempers , nor from the society of their old friends , nor from the frank readiness to discourse with them , about the controverted points of both churches , and neither of them perverted their wives or children to popery , and the eldest sons of them all , are eminent sons of the church of england , and do make considerable figures in the state. one of those three earls is yet living , and in him lives the great example of an english nobleman , adorning nobility by his intellectual and moral endowments , and by a majesty mixt with incomparable sweetness in his familiar converse , and by a consummate loyalty to his prince that envy it self never spotted , and by such an exact observation of his faith , given to any of mankind , that he would no more violate it with an heretick , then with a patriarch or apostle , and by having been never suspected from using any iesuite-confessors to learn how to evade from solid honour by subtle distinctions , or once to allow the least chicanery in god's great court of conscience . and if we cast our thoughts on france , we shall there find that the great and the brave turen after he had so unfortunately thrown himself at the popes feet , had there his arms as ready to embrace his protestant friends as ever . i have heard of two crown'd heads of the church of rome , who were very unkind to their protestant subjects after stipulations to the contrary : the one was ferdinand of bohemia , who when cardinal cleselius bishop of vienna told him , that if he made war on the bohemians the destruction of that flourishing kingdom would certainly follow , answered , we would rather have the kingdom destroyed then damned ; the other was queen mary of england , who as the ( acts and monuments tells us ) being intent on the restoring the abby-lands , and discoursing with four of her privy-counsellors about the same , said , perhaps you may object to me again , that the state of my kingdom , the dignity thereof and my crown imperial , cannot be honourably maintain'd without the possessions aforesaid ; yet notwithstanding i set more by the salvation of my soul , then by ten kingdoms : and the reign of each of these was besmear'd with blood : but had they been born and bred lambs , i believe that no transmutation of the blood of tygres into them would have made them such . the famous iulian of whom 't was said , nunc apostolicus , nunc vilis apostata factus , had learned too much christianity , when he was a reader , to be a raging blood-sucker ; and if when emperor he had had e're a name-sake that collected the madrigals or hymns against him , he would perhaps have done him no harm . the low birth and the poverty and mercenary disposition of iudas , tempted him to betray his master with a kiss , but he was so far wrought on by the good company he had kept , that he afterwards kill'd none else but himself : and they are such perverted protestants generally that are of the same rate with iudas for birth and poverty , and paultry avarice , that i should desire to stand out of the way from and to avoid the vermine of such renegadoes ; and they are only such popish princes as ferdinand and mary , that in their education were never imbued with better principles then the bloody ones of popery , that i should fear as monsters , and account any kingdom but a den , if i lived therein with them : and when ever i happen to dispute about that notion in vogue that vertue it self in a popish successor will be a nusance , and make him a bloody bigot , i answer with a distinction and grant it is likely to be so in one who passed from the breast , in infancy to suck in sanguinary principles , but where in any successor , the tenets of popery when he is on the borders of old age , are successors to principles of a noble and rational religion , that he has grown up into youth and manhood with , i shall account my fears very wild and irrational if my hopes do not grow up with them as to my promising my self , that he will at least answer bocalines character of the best reformer of the world , namely , one that leaves it as he finds it , and do suppose the practicableness of what is savage in nature , being reclaim'd in one animal toward another it was educated with , will be allowed from the frequent and trivial spectacle of the lion and the lamb that were bred up together , and who without the help of miracle and prophecy were taught by nature to lye down together , and shall account the same persons injurious to the world , who fishing in troubled waters of the state , say , the worse the better , and of such a prince educated in protestancy and then perhaps turning papist , the better the worse , and especially when the laws have espous'd us to his line , for better for worse . our acute and profound mr. chillingworth in mature years went over to the church of rome , and in his course there made a short turn , and the natale solum of the church of england charm'd him soon back again , and he by the culture of his reason made the soil a hundred fold amends for his temporary deserting it . but princes and potentates are under higher temptations then his low station placed him in not to be seen to retreat , especially after their having once done it before , and may suppose that other princes will look on them as more slippery and unsafe to be dealt with , if the same principles once congeal'd or hardened in them , and afterward dissolv'd should be congeal'd again , just as the earth is more slippery and unsafe to be walked on in a frost after a thaw . we are told by the conformist in the friendly debate , in p. . that he has heard some of the nonconformist divines acknowledge , that they did not scruple what the conformists do : but thought it unhandsome for them to do it , &c. and the meaning was , in plain english , that they were ashamed to confess their error . but if some of those divines whose low education conducted them perhaps from being servitors in the university to domineer in their cures , and who through the track of their lives might be traced by the slime of their pedantry , and whose trade was ( or should have been ) the study of divinity ( the precepts of which and their fragments collected out of augustinus and aquinas as well as the example of the former , obliged them to retract those errors publickly , that they had so utter'd ) i say that if they were yet so picquez d' honneur , that they would not let their fallibility appear in villages , and even the falsity of those principles of theirs , by which as many hundreds of thousands here were slain as were bare hundreds murder'd in the inglorious reign of queen mary , they have true cause to think it dishonourable for them to restrain their compassion from any high born prince , the brightness of whose great martial atchievements has dazel'd the universe , and will continue to do it when he is in the shades below , and one who may say as the pope did to the iansenists that he had never studyed divinity , and they are very unfit to cashiere him from the church militant , if he doth not in the view of mankind appear to make a retreat at the call of their trumpet , which has been known to give so uncertain a sound ; and such may be ashamed to dispair of his finding out any false notions , he may have received in religion , and to conclude that he hath not privately discovered them because he doth not openly recant them , and to expect that after perhaps he hath erred in the tenet of confession , he should yet presently make the world his confessor about it , and grant him nothing of the guard of honour in the case , but monopolize the temptations from honour to their sinful obscure selves . but as no man can take the measures of anothers sins without taking those of his temptations , so none but a prince can know the temptations of a prince . dic mihi si fueris tu leo , &c. the like pedantry therefore in the great st. ierom was inexcusable as to that sharp saying of his , miror si aliquis rex salvabitur : and that satyrical fancy of his hath since met with its match by some that have sent st. ierom to the devil as fantastically ; for so i find it said in dr. donnes 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , after so many ages of a devout and religious celebrating the memory of st. jerom , causaeus hath spoken so dangerously , that ( ratio . . ) campian says , he pronounceth him to be as deep in hell as the devil . moreover i think it great injustice to any prince who has changed his religion of protestancy for popery , that protestants should at the same time be jealous of his retaining no tincture of his former principles , that the bigotted and jesuited papists are jealous of his scarce retaining a tincture of his new ones , and by jealousie too , as cruel as the grave , as appeared by the fate of harry the th , who because he did not and indeed could not devest himself of that humanity toward his protestant subjects that was riveted in his nature , after he was absolv'd by the chair of infalibility , and reconciled to the very scorners chair of the iesuites , yer merely because he had not a window to his breast through which every capricious priest might look in at , and might thereby put in what principles he pleased , they were resolved to cut one there ; and after iohn chastel had begun to practice his incision , an execrable apology for it was published , in which apology printed in latin at lyons anno . the assertion or head of chapter d , part d is , chastel had no purpose to kill a king , and of chapter th there , henry of burbon cannot be called a king by reason of his pretended conversion : and of chapter th there , neither can he be king tho absolved by the pope , and of chapter th , neither can he be called a king by the right of succession , and of chapter th , hereticks and especially relapsed ones are ju●e divino & humano to be put to death , and of chapter th , hereticks and especially relapsed ones may be killed by private persons , if it cannot be done otherwise . the assassination of harry the d of france bears with it a memento mori to any roman catholick prince , who will not be thorow pa●ed in obeying the precepts of bigotted priests against hereticks , and to this effect runs the clamour of the actions of such bigots , either you must go our pace to heaven and travel by our mapp , see with our eyes , and let us ride you when we will , and make you ride over your heretical subjects , or we will precipitate you to the devil . i mention'd it before out of d' ossat that it was known at rome , that queen anne the wife to king iames , had some inclination to the roman catholick religion , and no doubt but she was perverted to it in some measure by some of the romish priests who were then as since insolently over officious to tempt princes to change their faith : and tho none of our histories mentions any thing of her being a papist or inclining to be so , yet d' ossat ( as i said ) relates how villeroy supposed her to have turn'd papist : but our historians unanimously mention one thing , that she was designed as well as the king and prince and others to be blown up by the gun-powder-treason , a thing that may give one who turns son of the church of rome cause to say , mallem esse herodis porcum quam filium . no doubt but the mind of any popish prince coming out of the cool and sweet air of a benign and rational religion , to that of such a torrid zone and shambles of mans flesh as the doctrine of popery presents , will be oftener in his thoughts travelling back to that religion then the prying world can know . but the gentleman my friend is not any way tempted in point of honour to delay his return to the church of england ; and he lately mentioning to me his wishes of the speedy arrival of your lordships papers , told me , that possibly he and i should be both gainers thereby , and that i should gain the victory and he the truth , and that he would never account those priests of rome to be the missionaries of christ , who if their doctrine be refused , shall instead of shaking off the dust of their feet in any house , reduce it to ashes ; and further affirmed that it were less absurd and extravagant to wish there were no religion at all in the world , whether reveal'd or natural , then that any such hypothesis or doctrine that authorised a practice of that nature , should be universally receiv'd in it as its religion . for tho natural religion acquaints me with the divine power , and gives me hopes of my creators not rendring me miserable by that power , and the rather when i have seen that many of the contemners of heavens thunder lived prosperously on earth , yet if a model of religion pretended to be the only reveal'd one shall controuling all the dictates of natural religion enjoyn the firing of whole cities , and mankinds confused outraging one another , i must abandon my further hopes of bliss from such a being as was it self miserable , for so that would be whose nature was still in a fermentation of anger and passion , and rear'd up men as the workmanship of its hands , only to dash those curious but brittle vessels against one another , and that even for such a being 't were more eligible to be , then to be always so miserable , as well as 't would prove so for my self too , then to be always in torment by anger . but we know that as god is the god of order and not of confusion , so he is likewise an overflowing fountain of goodness , and so infinitely benign , that if his nature were rightly represented to an ingenious atheist , if he did not at last believe he would ardently wish there were a god : and i think if there be any number of that degenerate sort of mankind called atheists , ( as was said ) that such degeneracy must needs be chiefly caused by the mis-representations of the divine being . i have before mentioned how tully in his de natura deorum shews great wit in his anger against the epicureans , for their representing the deity as unconcern'd for mankind ; and against the rendring god careless of the welfare of his creature man he there exclaims , deinde si maxime talis est deus ut nullâ gratiâ , nullâ hominum charitate teneatur , valeat . how passionately then would he have upbraided any mushroom sect of philosophers , if such had sprung up in the world ( as in his time and before there never did ) that had represented the nature of the deity as solicitous and careful only of procuring the misery of mankind and disorder of the world , and enjoyning men to spit fire at one another , exposing them to the sury of wild beasts if they lived in desarts , and of wilder creatures , that is , themselves , if they lived in cities . there was an ingenious and learned and pious divine , i mean cressy who in our days forsook the communion of the church of england , and turned roman catholick , and went beyond sea , and returned to england in the conjuncture of the petulant insolence , and was so far infected therewith , and likewise with the chagrin incident to sickness , that he writ very peevishly against our church , and one of our great church men ; and his writings were justly censured by the earl of clarendon : but according to my former observation , so much of the character of the rationality of the protestant religion that he was long bred up in remain'd in him indelibile , that i believe had he been made an inquisitor of heretical pravity , he would neither have took away a drop of blood from any protestant , nor a hair from his head ; and in his reply to that noble lord , he is so candid as speaking of the position charged on roman catholicks , that no salvation is to be had out of that church , to affirm that all catholicks grant that this is not necessarily to be understood of an actual external communion , and that many christians of vertuous devout lifes , and having had a constant preparation of mind to prefer truth whensoever effectually discovered to them before all temporal advantages , they dying in this disposition tho not externally joyned to the church , will be esteem'd by our merciful lord as true members of his mystical body the church . no papist but one bred a protestant , could have had thoughts so large concerning the extent of the invisible church , or fancy that what is before mentioned , is granted by all catholicks , and should i hear any priest in a fryars cowle grant what is abovesaid , i should fancy that he remain'd an invisible protestant , and that he continued so exuberantly good in his natural disposition as not to be able to frame an idea in his mind of the damning of mens souls , and making coals of their bodies and bonefires of their cities , for mistaken sentiments in religion : and had mr. cressy lived till this time , 't is possible your lordship by your notification of that fiery tenet of the papal church aforesaid , might have been an instrument of his visible return to our church ; for his labour'd heating himself with passion upon the mention of the practice of that thing in his church history , shews sufficiently how he would have abhorr'd any church that abhorr'd not that tenet . the place i refer to in his church history is in the th book , th chapter , where he doth strenuously endeavour to prove that monk austin was unjustly accused of having killed brittish monks : and having said there § . th , yet of late this poysonous humour of calumniating god's saints is become the principal character of the new reformed gospel , he goes on thus , i will add one example more of a calumniator , to wit , mr. william prynn , a late stigmatised presbyterian , &c. but alas what repentance can be expected in such a person ( speaking of prynn ) who is inveteratus malorum dierum , when we see in his decrepit age his rancorous tongue against innocent catholicks , yet more violently set on fire of hell so far as to sollicit a general messacre of them , by publishing himself and tempting others to damn their souls also by publishing through the whole kingdom , that in the last fatal calamity by fire happening to london they were the only incendiaries . this he did tho himself at the same time confessed that not the least proof could be produced against them , but said he it concerns us that this report should be believed . complaints of this most execrable attentat were made , and several oaths to confirm this were offer'd , but in vain . but however surely there is a reward for the innocent oppress'd , and whatsoever mr. prynn may think , doubtless there is a god that judgeth the world. let him therefore remember what the spirit of god saith , quid detur tibi , aut quid apponatur tibi ad linguam dolosam sagittae potentis acutae , cum carbonibus desolatoriis , is what must be given to thee , and what must be assign'd to thee for thy portion , o deceitful tongue , sharp darts cast by an almighty arm with devouring coals of ●uniper . and it follows § . . with as good reason therefore st. austin may be accused of the slaughter of those brittish monks as st. columban , a holy irish monk , &c. might be charged with the most horrible death of queen brunecheld , &c. this good man certainly apprehended no reason of an additional commandment , thou shalt not fire thy neighbours house , and had he been convinced that the pope in his decrepit age had made a commandment for the firing of it , and whole cities , and had so pronounced è cathedrâ , would probably have imputed the lingua dolosa , and the ca●bones desolatorii to his doctrine , and the smoak from that fiery doctrine would have had the effect of opening his eyes . but as for mr. cressy's idea of the massacring any incendiaries tho they had been too●● in flagranti , if he had staid in his old church , i mean that of england , he would have found any such thing sufficiently stigmatised by its doctrine , which makes the king to bear the sword , and that not in vain , and allows not the rabble to be a terror to evil doers , nor hell to break loose for the support of heaven , and which inculcates obedience to the law of the land for conscience sake , and even that law permits none to assemble in arms against a declared enemy , but by the kings particular commission ; and he must therefore go to china or to rome , that will have a street or a town , or the vniversitas or community therein punish'd , for the pretended or real faults of particular persons . moreover the english genius hath not in story that i know of , been tainted with infamy for penetrating any thing of that horrid nature , except in the old days of popery in relation to the iews : and the lay-rabble was then put upon it by the rabble of fryars and monks , who owing money to the iews were that way willing to confute their creditors . and since the time that that great and high judg of reason as well as equity , and to whom the custody of the king's conscience was committed , and who hath held the scale of equity with as steady an hand and tender heart , and as discerning and watchful an eye as any of his predecessors , did place the dreadful guilt of the firing of london , where he did at the condemnation of the lord stofford , and probably had satisfied his judgment for the doing of it by observations or examinations of passages that occured elsewhere , rather then at that tryal ( for there the evidence did not rise clear and high enough , for the occasioning that part of his sentence ) and since the time that the people of england by their representatives threw the guilt of that fire on the papists , and the magistrates of our metropolis inscribed it on the monument , the populace have been as calm and temperate in their judging of it , and as perfectly free from resentments of revenge against all the papists in general , or any one papist in particular , as if none but that poor angry antiquary mr. prynn had censured them for it , and whose thunder the world being so long used to , did so much despise that his popularity could scarce have obtain'd an out-cry for the killing of a single mad dog. i must confess tho by the reiterated confession , and by the execution of hubert a papist , it appear'd that he did set fire to the house in london from whence its rage began , and tho his confessing of peidelow to be one of his accomplices in the fact , exempts it from being doubted that papists burn'd london , and tho after i had heard of that judgment of the lord chancellor , and of the house of commons , and of the magistrates aforesaid , and was shewn that papal tenet by your lordship , i doubted not of the justice of attributing in my th●●ghts one part of the guilt of the fire to some jesuited papists , and that it might be said with the same propriety of speech that london was fired by the papists , as 't was by sir walter raleigh , that harry the th of france , was kill'd by the papists ; yet i never thought any considerable number of the gentry among our lay-papists would have practised any thing of that kind , tho the pope himself should have commanded it . there was a book containing observations on our late affairs of church and state , printed in the year , called the arts and pernicious designs of rome , wherein is shewed what are the aims of the iesuites and fryars , &c. by a person of their own communion , who turn'd romanist about thirty years since : and throughout that book as he in general fortifies my observation of a protestant when turn'd papist , not being able to abandon all candour his mind was first nourished in , so he doth it particularly , p. . where having in proposition th , spoke of the mischiefs we hav● received from some popish orders and particularly that of the iesuites , he saith as followeth in proposition , viz. amongst which the late sad disaster happening to the city of london , ( not to mention divers others of like nature happening in divers other places since ) if it were a practice of any humane contrivance , and not a meer judgment of god from heaven upon us , cannot reasonably be thought to have been the project or practice of any other men then these , and to have come originally from rome , and the consistory there : who beside the bad principles already mentioned , which legitimate such doings at all times , that they judge it convenient for their ends , were ( without doubt ) willing to signalize that year ( ) with some remarkable mischief done to protestants in check to the fancies of some in that party , who have had the confidence to affirm , and as it were to predict , that in this year rome and ( their pretended antichrist ) the pope should be utterly destroyed . that it appear'd a practice of humane contrivance by the very confession of the incendiary is plain , and that it was by the people in the city then suspected so , i have said , but so far were our plain english natures from charging it on any lay - english papist , that mr. marvel in his growth of popery , printed anno , having said , that we may reckon the reigns of our late english princes , by a succession of the popish treasons against them , adds , and if under his majesty we have yet seen no more visible effects of the same spirit , then the firing of london , ( acted by hubert , hired by peidelow two french men ) which remains a controversie , it is not to be attributed to the good nature or better principles of that sect , but to the wisdom of his holyness , who observes that we are not of late so dangerous protestants as to deserve any special mark of his indignation . i presume not to charge or discharge any sort of men about this fact further then the law hath done , whether papists or priests , or fifth monarchy-men , ( for of a conspiracy to fire the city on the day it was fired on , several of that latter sect had been before convicted , and deservedly executed for it , as we must either grant or arraign the justice of the nation , and therefore mr. cressy had reason to blame mr. prynn in some measure for concluding that the papists were the only incendiaries of the city , when mr. prynn could not have forgot what had happen'd to those conspirators , and that the very principles of many of that wild sect , are for the legitimating the most desperate out-rages and rebellions imaginable , ) but out of justice to humane nature , will never render any man ill upon ill proofs , and such as are contrary to the nature of things , as for example , one argument which is so prevalent with many for their concluding that london was designedly burnt by many popish persons , namely , because it was apparently true and not denyable , that the flames did break out in several places of the city at the tops of several houses , which were at a considerable distance from the fire , doth not in the least move me so to conclude ; for 't is obvious in nature , that as the heat of an ordinary fire will put combustible light matter that is at a small distance from it into a flame , a heat proportionably greater , must do the same thing at a greater distance : and this appear'd in fact conspicuous to thousands , while the fire then broke out from the timber-work in the tower of the old exchange , when the great conflagration was a quarter of a mile distant from it . nor yet would i venture in discourse with any papist about the aforesaid tenet , to call it either tenet or principle chargeable on the church of rome as approved by it , if it were only deducible in the way of inferences from other tenets ; as for example , if one should say the papists hold that 't is lawful to burn the persons of hereticks , and much more therefore to burn their houses , and to burn the nest as well as to kill the bird , and that the goods of hereticks are ipso iure confiscate , and therefore their houses ; and accordingly i told my roman-catholick friend that i would never raise this principle of fire against his church by collision of arguments , but by the help of your lordships quotations referring to the canon law as well as canonists , shew him the pope claiming the power , in terminis terminantibus , to fire whole cities as aforesaid , and that long before his power received so much accession of territory ( as i may call it ) of prerogative by those great students of crown-divinity , and assertors of his fifth monarchy , the jesuites . i do intend to entertain only this my particular friend at this season , with the passages i shall receive from you concerning this tenet , because 't is in me an habitual temper , not salem nitro superaddere , or to afflict any afflicted lay-papists who may retain some unsound notions of religion , and yet be sound members of the state , and i shall not desire either by words or writing to imitate the ungenerous practice of the sons of iacob toward the sichemites , in attacking them when they were sore . and moreover reason is thrown away on men in passion , and during the paroxysme of passion in either any papists or dissenters , there is no frighting them from an absurdity by arguments , for there can be nothing more absurd then their very passion , and while that lasts they are as insensible of the wounds that are made in their principles by objections , as some in a battel are of wounds they receive there . but i am not without hopes of a more pacific conjuncture that may come wherein our vn-iesuited lay-papists may discriminate their principles and notions , from the troublesome ones of others of them , that vex the knowing part of mankind with their implicit faith , like flies blind in one season of the year getting into mens eyes , and when all empty religion-traders will no more like the merchants of tyre pass for princes of the earth , after they had with a bulk of words so long enslaved the world and its princes , and themselves too , and made religion but the word ( as i may say ) to discriminate parties in war , and to know who and who are of a side , and that by the mutual consent of reasonable men of all parties the word religion , will not be put on what is really irreligion , and that a handful of men will think it in vain to strive to keep up the acception or signification of any word or words , when the currency of the age and that justly too , hath damned the former sense thereof , and that all men must speak in the sense of the rational age or not speak intelligibly ; and as he who seems to be religious and bridles not his tongue , his religion is vain , it will be in vain too for him to think to have ought call'd religion against the sense of the world , and as the licence was vain and ridiculous granted to a book of physick wherein the licencer said , nihil reperio in hoc libello fidei catholicae contrarium quo minus typis mandetur , so likewise will the vogue of granting any liberty to any thing of catholick faith that has treason and sedition in it , be as worthy of laughter : and then will the publishing of this tenet be prevalent probably with papists , and prove like a word in season , and tend to the abolishing the abuse of the word religion , when they shall be argued with in the cool of the day , ( as our first parents where after the fall ) and their fiery principles be then exposed , and then may each of them whose religion so call'd excited their angry prophets to desire the destruction of heretical cities , as the choler of ionah at last animated him tho not to destroy , yet to wish the destruction of niniveh , be as he was seasonably expostulated with , dost thou well to be angry ? and dost thou well to be angry with others , who will not call thy firing their houses religion , when thou seest the world begin to laugh at the impertinence of the calling it so ? the author i cited before of the great question to be considered , begins his discourse with a patriotly kind of sagacity thus , viz. that this nation and the nation of scotland and ireland concerned with it , are at present in such a posture , and under such circumstances , as give just reason both of fear and care more then ordinary both to rulers and people , is so without doubt , that it needs no proof , and that we are in a dangerous feaver , in regard both to our civil and religious interest , all in their wits must know : which disease , albeit it be now in the opinion of most come to a crisis , yet few can determine , whether it will end in a natural cool , or prove a distemper yet more dangerous and deadly . but when i consider the great number of those in the kingdom who are at their ease therein , either by substantial fortunes or professions or trades , and who would account it both trouble and shame to get by religion , as an adventitious trade , as much as a great first-rate practitioner in law , who had a receit for the curing the tooth-ach or gout would to get fees thereby , and to have a mingle of clients and patients together , and which sort of mankind that by the solid weight of their fortunes or industry are come to their center of rest , must necessarily hate all projectors of earthquakes in church and state , and being well on their terra firma will never care to walk on the high rope with the poise of a drawn sword in their hands , and who will never venture their heads by wearing any discriminating ribbands in their hats , nor give their heads for the washing or the rebaptising themselves with little names of the distinctions of parties , and who generously valuing themselves on unmercenary loyalty and unbribed orthodoxy , will neither rob caesar or god of the things that are theirs , and not expect that their prince should impoverish himself by paying tribute to them and taking them off by gifts , more then the patriots in queen elizabeths days did , and when i consider that the more thinking and knowing part among these and whose ease is only infringed by seeing so many objects that are uneasie , must needs think and know that solid trade and industry can never thrive , nor the kingdom by it , till the false trade of religion shall be exterminated , i do fancy to my self that we shall shortly by the strength of this sound part of the nation , be able to weather the crisis or decretory days of our feavourish distemper , and that our disease will end in a natural cool , and that as some fermentation may be said to be perfective as well as destructive , ( and indeed life it self is but a continuation of the vigorous fermentation of the blood which is so long maintained as the mass of blood is kept hot and circulating through the veins and arteries ) so we shall find this fermentation that has been in the kingdom prove perfective to it , and a continuer of the life of it . for as one very useful property of fermentation is , that while it separates all heterogeneous parts , it leaves the basis as it were or main ingredient of the mass clear and pure , and discards from it recrements or superfluities , and another noble property thereof is , that it exalts the body fermented to what perfection it is capable of , these effects do i expect of our political fermentation ( that hard word that is generally used in expressing the present distracted state of the kingdom ) and that it will naturally cause in the body of the people that superfluity of folly as well as naughtiness to be thrown off , which will leave the substantial part of the nation more clear and pure , and will end in england's ballancing it self first and then the world , all our useless religion-traders having been swept away as the dust of our ballance . i grant that the animosities among many protestants of narrow souls , and principles may last too long on the account of religion , and a great many deluders will make a great many deluded desperately obstinate against their ecclesiastical rulers : but the people of england are too many to be crowded into the prisons of such narrow principles , and this great and active thing called nature , that is always busie and which sometimes doth its business even by mens idleness ( and the necessary effect thereof , their poverty ) will by the general necessitous condition of luxuriants and religion-traders force them to be industrious , and that industry will bring us to the state of a britannia florens , and too of a britannia triumphans , and rescue a populous kingdom from the decay of its trade , that hath happen'd by our having been embarrass'd with a holy kirk or holy church militant against the state , and that affirmation which appeared so senseless in the theology of a popish priest , namely , that respublica est in ecclesia , instead of the church being in the common-wealth , will equally appear so in the writings of mr. car●wright ( for that he there affirmed ) and to be in any man's writings as absurdly said as it is in the lexicon geographicum in folio , cantabrigia est quoddam oppidum in quo est academia . if any dissenter should now trouble the press with ingenious books to perplex the layety about the lawfulness of the ordination by bishops , he would want ingenious readers ; for 't is now as much out of fashion for people to concern themselves about knowing the demonstrative certainty of the true ordination of their pastors , almost as 't was among the iews of old to question who were the true sons of levi by natural generation , a thing that none but the mother knew . our english world is likely to the end of time , to be too busie to mind nice questions of the uncertain genealogies of churches , and each protestant now will admit of the credo ecclesiam catholicam without quarrelling about the latinity of the expression ; and as in the history of the council of trent ( where the thred of the controversie about proponentibus legatis runs through the whole council ) when it was told the pope that vargas granted that if the thing designed were only that the legates shall propose , no man would have complained , but the ablative , proponentibus legatis did deprive the bishops of power to propose , and therefore 't was fit to change it into to another kind of speech , the pope replyed , that 't was now no time to think of cujus generis & cujus casus , so in our realm all policy it self whether civil or ecclesiastical , will now be accounted but pedantry , that by any previous questions puts off the debate of capital ships and their maintenance and equipage ; and the consideration of the necessity of great supplies for that purpose , will carry the vote with a nemine contradicente among the people diffusive here , that they will give no more supplyes to religion-traders , and that in order to the nations being able as a britannia florens in point of trade to keep great fleets at sea , 't is necessary that mens expectation should be bankrupt of gain by castles in the air , or in fine , that the very corporation of the trade of all beggars should be broken which has so much diminished our other trade . the great states-man of this latter age , mazarine projecting the growing power and glory of france , did not long before he dyed , wisely lay the foundation of it by the extirpating out of the metropolis and other cities of that kingdom , those publick nusances there called beggars , and since all religion-traders are in truth and reallity of the trade of beggars , and the multitude of them at present diminisheth the shame of that very trade , the destruction of it will probably by all be judged as the first thing necessary for the advancement of other commerce . and as the wisest course i ever heard of , taken for breaking the trade of beggars in the streets was that by the iustices of middlesex in their printed papers , sent to the church-wardens , overseers of the poor , and constables of the respective parishes in the suburbs , whereby all persons are desired and required by their order to forbear to relieve any beggars at their doors , or in any other kind about the streets , so in like manner will nature probably by the real poverty of people cause them to forbear to give relief to these religious mendicants , and will thereby break their trade . and moreover tho there hath in all ages been another sort of traders , and who too were but splendid beggars , and by their importunity in courts , and with artifice representing the sores and maims of their estates have moved the royal commiseration to exhaust its revenue on them , yet the vast publick charge likely to be impendent over us as well as our neighbours will shew those first-rate mendicants the vanity of the science of begging , a science that agrippa doth very well animadvert upon , in his book de vanitate scientiarum . and there being no way for the heirs and children of our many luxuriants , to get from under the loads of debts and incumbrances bequeath'd them , but by industry and frugality , i account that they will be necessitated to mend the genius of the age , and so to contribute to the advancement of trade . when the author of britannia languens doth ( i fear ) too truly tell us , p. . that our late wealthy yeomanry are impoverished or so much reduced in their stocks , that a man shall hardly find three in a county able to rent or l. per annum , and that our poor are encreased to near ten times their late number within these last twenty years , and that their maintainance doth cost the nation l. per annum constant tax , and had before in p. shew'd , that the trades of tillage , grazing , dairy , cloathing , fulling , that formerly enriched the occupiers of them , have in these latter years been the usual shipwracks of mens stocks and estates in most parts of england , and in p. . that we have in a manner lost the eastland and northern trades , and in p. shews , that the cheapness of interest doth not proceed from the plenty of mony but scarceness of security , and there observes , that personal security for mony being in a manner lost , and that there is not one land security in twenty that is good , and in p. . i hear of no new improving manufactures in england but that of periwigs , we may well account that the ebb of our trade is at the very lowest point , and that under so good a prince in so good and populous a land , nature will hasten its improvement . tho the understandings of the english have in all arts and sciences appear'd as sharp as those of any nation , and particularly in the science of the politics , yet so it has happen'd that since the reformation our states-men have been so put to it by the efforts of popery and other religion-trades to stand continually upon their guard , and have been so worn out by continual duty , that they have not had time to make platforms of improvement of political discipline , or to acquaint the world with their memoires as many of the states-men of france have done , and the great ship of the nation in its trading voyages ( as i may say ) under sail , and making a great figure in the sea of time , and having experienced pilots at the helm of state , hath yet been so clog'd in its motion by the little fantastick remora of a pretended religion sticking to its side in several conjunctures , that our making no more way in the world hath appeared a jest to critical spectators , and no doubt but pending the authority of a religion-trade , as paramount over others in this or any country , its fate will be like reubens , never to excel . not only our states-men but our princes in former times tho their abilities were very great and adequate to support the weight of the government had it been greater , were yet exposed to perpetual toyl , by ballancing the religionary contest , viz. of the parties of papists and puritans ; which minds me how it hath been wondered at , that a strong horse should not draw a one wheel'd coach with a great deal of ease , considering that he only bears up part of the weight , and keeps it upright to a ballance by thills on either side of him , and that by experience 't is found that this horse becomes weary sooner then expectation : and the reason of it is conceived to be , that tho he bears not so much burthen nor draws so much draught as a coach or other carriage with two or more wheels , yet he is so bruised and banged on either side with the unusual motion of the thills to keep the one wheel'd coach upright , that he is thereby much sooner spent and wearied then by ordinary drawing or bearing he would have been : and thus neither better nor worse , hath been the fate of our monarchs and their ministers , to be continually throughout the journey of their lives hit on this and 'tother side , and bruised with the thills of popery and presbytery , while they were keeping up religion to a ballance ; but i believe 't will appear a shame to us that they should be thus the ludibria of fortune any longer . the author of the present state of england , part. . saith , that the yearly charge of his majesty's navy in times of peace continuing in harbor , is so well regulated that it amounts to scarce l. had he heard my lord-keeper bridgeman's speech to the parliament , anno . he would there have been informed , that his majesty finds that by his accounts from the year to the late war , the ordinary charge of the fleet , communibus annis , came to l. a year , and that it cannot be supported with less . his lordship in that speech mentioning to what proportion our neighbours had augmented their fleets , and how it imported his majesty to keep pace with them , if not to outgo them in number and strength of shipping , minds me of the force of that saying of cicero to atticus , l. . ep. . qui mare tenet , eum necesse est rerum potiri , and the truth of it is much more applicable to the state of the world now , then that in his time : and we shall always be but damnati ad insulam , if we do not by a vigorous industry so supply our selves as to be able to supply our princes , and so as to enable them to make the naval strength of england , as proportionable to that of other nations , as it can be made . as the ordinary charge of the fleet for several years , came to the great above mentioned sum , so i believe that the ordinary naval charge never since amounted to less then , l. per year , beside the vast charge in building new ships and rebuilding old , and the charge of summer and winter guards , and of convoys and of ships against algeers : and his majesties most exact care of the defence of the walls of the kingdom hath been such , while he beheld the emulous endeavours of nations to excell in naval power , that he hath enrich'd his realm since the year , with a more valuable fleet then it had before : and the great cordial that nature allows us against wars , and rumors of naval wars , when we are dejected with the shame of our civil wars having occasioned the neighbouring world to augment its naval force , and consequently too our own vast perpetual charge in the augmenting ours , is that by the necessary encrease of our industry we are capable of defraying it , and herein providence is but just in treating us in the confinement to our island , as the dutch do idlers sent to their work-houses , where care is taken that if they do not the work appointed them , the sea will come in upon them : and 't is well for us that accordingly as is shewn in the th chapter of sir w. p's political arithmetick , there are spare hands enough among the king of england ' s subjects to earn two millions per annum , more then they now do , and there are employments ready , proper and sufficient for that purpose . his expression of the spare hands of the english minds me , how we who did before our commotion only pay to our kings , the th part of the spareable part of our estates , ( for that was what mr. vaughan afterward lord chief iustice declared in the house of commons , to be the proportion that men were to be taxed in the old gentle way of assessments , called subsidies ) were forced upon those manifold payments to the usurpers , that amounted to one entire subsidy in each week of the year , when as what we payed before exceeded not usually one subsidy or th in two or three years space . and afterward when instead of the demanding of five members from the parliament , above were forcibly secluded from it , most exorbitant taxes were levyed in the name of a house of commons , in which instead of members as the legal complement of its number , and of knights of shires for england , and for wales , there were no knights of the shire at all sitting in that house for these english and welch counties following , viz. bedfordshire , cornwal , cambridgeshire , derbyshire , devonshire , dorsetshire , essex , glocestershire , hartfordshire , herefordshire , lincolnshire , lancashire , middlesex , monmouthshire , norfolk , northumberland , oxfordshire , surry , shropshire , southampton , suffolk , somersetshire , sussex , westmerland , warwickshire , yorkshire , anglesey , brecknock , cardiganshire , carmarthinshire , carnarvanshire , denbighshire , flintshire , glamorganshire , pembrokshire , montgomeryshire , radnorshire , and but one knight of the shire in each of the following counties , berkshire , cheshire , huntingtonshire , kent , leicestershire , northamptonshire , staffordshire , wiltshire worcestershire , and only the full number of knights of the shire in buckinghamshire , nottinghamshire , rutlandshire , merionethshire . and york , westminster , bristol , canterbury , chester , exeter , oxford , lincoln , worcester , chichester , carlile , rochester , wells , coventry , had no citizens in the house , and london had only instead of , and glocester and salisbury alone of all the cities in england , had their full number , and by a parcel of about permitted to sit , was the whole clergy as well as layety of england taxed . nor is it to be forgot that after the great usurper by his own authority , only laid a tax of , l. per month on us , he afterward found a giving parliament that calculating the charge of the nation , judged it in the whole to amount to , l. per annum , whereof , l. for the protectors support , , l. for the maintenance of the navy and ports , and , l. for the army , as we are told out of the history of the iron age printed in the year : and that they who grudged the best of kings the ordinary yearly revenue of less then half a million , were brought to settle more then double that sum on the worst of usurpers , viz. , , l. per annum , and that by their helping him into the power to break the ballance of christendome as he did , they have entailed on us and our heirs , a necessity of labouring hard for ever , to expiate the guilt and folly of their idle politicks . the plenty and pride and idleness here that occasioned our civil wars , and the tessera of one of the roman emperors , militemus , and the various discriminating words and signs of religion , have brought us to the tessera of another of them which will stick by us , namely laboremus . but as 't is to be seen in scobels collection of acts , anno . cap. . in the humble petition and advice of cromwel's parliament , the th paragraph , which enacts the revenue , mentions nothing in particular of the , , l. yearly , to be settled for the protectors support , but provides that as a constant yearly revenue for the support of the government , and the safety and defence of these nations by sea and land , l. be settled for the navy and army , and , l. in general for the support of the government . i should not dilate on the subject of those past calamitous times of our country , but that so great a number of those who experimented them , and were actors or sufferers therein is now dead , that this age wants the poize or ballast of their experiences to keep it steddy and secure , from being overset by waves of sedition , or winds of doctrine . there are several latine sayings about war , of which the pedantly citation is nauseous , as was particularly sorbiers valuing himself on the motto of pax bello potior : but there is another saying familiar to grammar schools , whence the most oracular men in cabinets of state may , and indeed ought to take their measures and estimates of the probable continuance of the publick peace in any country , and that is from the consideration of the numbers of the inhabitants that never felt the misery of war , and that saying is , dulce bellum inexpertis , a saying that was thought to give an ornament to the monumental inscription of our harry the d , among the westminster monuments , the epitaph of which prince whose reign moved so much in the bloody track of war being there thus , tertius henricus jacet his pietatis amicus . ecclesiam stravit istam quam post renovavit . reddat ei munus qui regnat trinus & unus . tertius henricus est templi conditor hujus , : dulce bellum inexpertis . and long before that obtained as a latin adage , it was one in greek , viz. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 : and it is well said in vegetius de re militari , lib. . cap. . nec confidas satis si tyro praelium cupit . inexpertis enim dulcis est pugna . and in pindar 't is said , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , i. e. dulce bellum inexpertis , ast expertus quispiam horret , si accesserit cordi supra modum . the sense of this weighty adage horace , applyes to the contracting friendship with great men , dulcis inexpertis cultura potentis amici , expertus metuit . and no doubt but the reason that induced the romans to place their tyrones in the van of the battel , was that their not knowing all the uncertainties and horrors of war , would contribute to their eagerness in the onset . partly to this purpose mr. hobs in his behemoth or history of our civil wars observes well , that there were at first in the parliaments army a great many london apprentices , who for want of experience in the war , would have been fearful enough of death and wounds approaching visibly in glistering swords , but for want of judgement scarce thought of such death as comes invisibly in a bullet , and therefore were very hardly to be driven out of the field . and now therefore should any great person descend to ask my poor opinion of the proportion of the danger we are in of a relapse into the plague of war , i would give it by bringing the doctrine of dulce bellum , &c. into use and application thus , namely , i would calculate the number of the inexperts now here living , and who were not living in the time of the last war , a thing not hard to do sufficiently for my purpose : and thus i essayed to do it the last year when i fancied to employ my thoughts on that subject , diverting my self with these queries . . what part of the people of england now living , are inexperts , i. e. who are now alive that were born since the year in which our wars ended , or were then children , viz. of such years as not to have experienced , or been sensible of the miseries and inconvenience of the war ? . what numbers of those who lived in , about which time the war may be supposed to have begun , are now dead ? . what proportion of those now living , who lived in that time of the war , did gain by the war ; for it may be said that perhaps war may be sweet to such surviving experts . . the war of ireland ending about the year , how many may the number of such inexperts there be supposed to be ? . the people of scotland being now above a million ( as are the people of ireland ) and the scotch war ending at worcester fight , september the d , . how many are now living in scotland that lived there that day , and what may be the number of the inexperts there ? in order to the satisfying my self in these queries , tho i know that many do make the civil wars of england to end with the surrender of oxford in mid-summer , yet because several acts of war in england were committed long after , viz. in lancashire , kent , at colchester , worcester , i supposed not the english war to end till , about the same time with that of scotland , both kingdoms as they are but one island , so intermixing and bringing mutual calamities on one another : and besides , a few years at that distance of time would not much alter the state of this case : so then as to the first and last queries , i thus concluded that the people of this island in the year , were and always are about one half of them under the age of , ( before which time as they are reckoned unfit for war , so may they likewise be thought inexperts as to the miseries thereof ) and the other half above that age ; and that of this latter half more then one other moyety are dead in these or years , which have passed from to near . for if we reckon only arithmetically without any consideration of geomerrical proportion in the case , ( which with reason enough the observator on the bills of mortality takes in ) yet ½ ( the number of years in , in which the said half are supposed dead ) and ½ ( for the years of the other half surviving ) and fifteen ( for the age of the inexperts from ) makes , the full age of man : so that the surviving experts are not a fourth of the whole . and again at least one half of this fourth , either through forgetfulness by age or dotage , or for want of understanding all their whole life time , may be very well counted among the inexperts also . and thus the inexperts will be above seven eighth parts of the whole people . and if in answer to the third query , we shall add the number of the gainers by the war , ( which perhaps some will estimate but small ) and of those who lost by the peace and settlement on the kings restoration , with the heirs , executors and principal legatees of both , ( and to these three last sorts , the war was so very sweet , that they may very well be reckoned for the equivalent of three or four , or perhaps many times more the number of the other common inexperts ) we may on the whole matter judging modestly , conclude the inexperts of all the former sorts , not to be less then ( / ) nine tenths of the whole people : and to these also they who have spent their estates , and cannot well live in peace may be properly added . i satisfied my self as to the fourth query , concerning ireland , that it may bear at least the same proportion , with what was asserted in relation to great brittain : and tho the war in the former lasted some years longer , yet there are other considerations obvious enough , that would more then ballance that . as for the query about how many are now dead who were living in , the principles i have variously discoursed of out of the observations on the bills of mortality , may easily satisfie curiosity therein . i account that of the lords temporal in the kings long parliament , that sate the th of may , . there were dead at the dissolution of that parliament , in ianuary the th , . and of the bishops that sate on the th of may in that parliament , only were alive in the th of ianuary , . and of the house of commons which sate in the th of may . and consisted of about odd members there died during their sitting , viz. in years and months members , viz. in each year about / th part , which is one in about of the whole of that house every year . and these things considered , we may well conclude that of the parliament that sate on the d of november , , there are few living , and i think that of that turbulent house of commons , scarce are now living , and that of the assembly of divines that met the first of iuly , . all the divines except are dead . the sculls of many of those hot spurrs of church and state , that troubled us so much on the stage of the world , have perhaps since diverted us in the scene in hamlet , and no doubt but of the poor handful of surviving experts of them , the most considerate are not now considering how by any projects to put the world either in tune or out of it , but are tuning their fancies to the still musick of the grave . we see that many of the sons of the divines of that assembly , and of other presbyterians , are true sons of the church of england , and are of the clergy in it . but tho i am no concurrer with their estimates , that make the number of those who gain'd by the war to be small , for as the judicious author of the regal apology , printed in the year , ( and by the oxford antiquities said to be , dr. bate the late eminent physitian ) in p. estimates , that the revenues of king , queen , bishops , deans and chapters , and delinquents in the hands of those vsurpers were almost one moiety of the kingdom , besides many rich offices , &c and as to the multiplicity of offices then , a very ingenious pamphlet written in those days , call'd the city alarum , with a treatise of the excise , mentions in p. . that 't was easie to demonstrate that more then , l. per annum , was then consumed by superfluous officers : ( which by the way sufficiently shews the ill managery of the publick treasure in those days ) and tho i have put the rate of the heirs of such above that of common inexperts , yet i am not without hopes that possibly some what like a sort of experience , that many of those heirs have from the latest histories and traditional accounts had of the breath of the people having blown away that mighty ballance of land out of the hands of the unjust poss●ssors , and all their models of government built thereon , and of many of their ancestors who had by their swords acquired ample shares of the spoyles of the crown , and church , and cavaliers estates , growing ashamed of their unjust victories , and the yoke they have brought upon themselves and the kingdom , and affraid of their estates and liberties , not being ensureable under a fluctuating military oligarchy , thought it the best of their game to aspire with their all to the feet of their lawful soveraign , and to be his restorers without capitulation , may incline a considerable part of such , and who are not desperate in their fortunes , and have perhaps inherited the blessiing of their ancestors penitence , by their peaceable morals to make such an exception in this case , as may confirm the rule and make them according to the expression before used , become sound parts of the state. another momentous thing cannot but be obvious to the thoughts of the considerate among them , and all orders or parties of men here , that if the devesting the unjust proprietors of about half the land of england , by the necessary course of the law at the kings restoration , did in making so many persons and their dependants paupers , and useless in the improvement of the land , and many to be nusances in it , as troublesome sollicitors and barrettors , and many likewise to withdraw to our forraign plantations , and to our insula sanctorum call'd ireland , unavoidably make the price of our land sink to the proportion it hath since done , that if any sons of belial and disloyal persons , should be ever able by a new commotion to introduce the old confusions among us , and dispossess the proprietors of about half our land as formerly , that england it self would turn ireland , and our land perhaps be valuable but at ten years purchase . and tho the experts now in being among us are comparatively few , yet is the work of the loyal part of them so easie to demonstrate to their vicinage , every where the dreadful inconvenience of essaying to mend the world by war , that one harvy could not more easily among the judicious , propagate a general notion of the circulation of the blood , then may a thousand of these shew to millions of others , the impious folly of blood guiltiness again incircling our land , and especially when all our blood and our treasure is necessary to be preserved for the defence of the realm , in a conjuncture that hath put christendom in procinctu : and therefore 't is but according to the course of nature , that in such a season the generality of peoples minds here should manifest such an abhorrence of both the irish and english in , and that the religion-trade which had us at its feet , being now at ours , if it should again struggle to get uppermost as formerly , is to expect from so many to find the salute of the rising blow . and as i love to think of these things without asperity , or offering the least violence to the sacredness of the great established amnesty , so do i observe the same inclination to be very prevalent among the weightier persons of the several parties . the smalness of the number of persons now living that wanted that amnesty , makes men generally concur in not esteeming it , ta●ti to wish it broken ; but tho most of our former empirical state-physicians are covered with earth , their errors are not , and people seem generally sensible that both the present , and in likelyhood the future state of england will not allow of political physicians , trying more experiments on us , and particularly the former churlish ones that succeeded ill , and especially in a conjuncture when nature is by necessity leading us to a convalescence . as in boccalines politick touch-stone , where the monarchy of spain is represented , throwing her physician out of the window , and apollo desiring to know the cause of it , she told him how about years ago , she asking counsel of her physician , he prescribed her a tedious and chargeable purge of divers oyls of holy leagues , of insurrections of people , of rebellions , of cauteries and other very painful medicines that had wasted and weakened her spirits , and that he prescribing just such another purge as before , was therefore thrown out at window , so would such purges and such purgers as we were troubled with forty years ago , be here deservedly dealt with now . how ridiculous will any demagogue now appear , that should in an english parliament harangue it against supplying the king , in such a manner as sir iohn elliot and mr. pym did to caroli , who then ( as rushworth's collections tells us ) moved in the house of commons not to yield the king tunnage and poundage , till they had first settled religion , touching the points of ariminianism . they might as well have moved that the king might have no money , till they had found out the longitude , and likewise discovered the quadrature of the circle , and they by that motion would have ensured to him the name of pochi-dinari , that my lord herbert in his harry the th says , was given to maximilian the emperor , for his famed want of money . but that wantonness of popularity , did shew the worse in those two great demagogues of their age , for the ingratitude it carried with it , they moving so in the house of commons as they did so soon after the great royal concessions as to the petition of right , and might well excuse the great earl of strafford's then quitting their company . but i shall here observe to your lordship , that after the discovery of the gun-powder treason , viz. iacobi , the parliament gave him three subsidies , and six fifteenths and tenths of the layety , and four subsidies of the clergy , all which by estimation amounted to l. and it was but just in them then so to supply the crown after the detection of that conspiracy , because it appeared by several examinations , that if it had taken effect , an association of forraign roman catholick princes by a solemn oath like that of the holy league in france , was desigued to have assured the business afterward : and it was but natural for the parliament believing the same , to enable their prince with a counter mine of gold , to blow up the associated purses of those forraign princes ; and no doubt but by the very noise of that liberal supply being heard abroad in the world , that association was thunder-struck , as any one else must be in a conjuncture when the nations abroad shall see our prince provided with effects , as king iames was as aforesaid , a conjuncture i despair not of seeing , nor of its influencing the world with terror as did the very sound of the supplying the king by the last pole-act , to enable him for a war with france , and which was the cause that the panic fear in some of our rustical plebs of the french landing in the isle of purbec , and when some of the poor adjacent mobile , in the air of their fancies heard the noise of adventare gallos , as alexander ab alexandro , genialium dierum , l. . c. . saith , gallis etiam senonibus ad urbem properantibus in novâ viâ ubi alloqu●tionis postea templum fuit , vocem auditam quae gallos adventare diceret , inter exempl● relatum est , was not more opprobrious then that fear of the french that marched off an army and royal fleet so abruptly out of scicily , when they heard a voice of adventare anglos ( which evaporating of the french forces from thence , as it was a sufficient indication that there was no perfect love between our kings great minister of that time , and the french ministers , for perfect love casts out fear , and had there been any perfect good understanding between him and them , the nois'd adventare anglos would not have exorcised them out of the body of that kingdom ) so it perhaps proved an occasion of the perfect french hatred against his lordship , that he so satisfactorily acquainted our english world with in one of his solid and sinnewy printed vindications ) and i do believe that the future warlike state of christendom , will necessarily prompt all that affect to be patriots , instead of studying to make men unwilling to promote publick supplyes , to bend their brains in the way of calculation to shew what the kingdom is able to contribute to its defence , and how to do it with equality in taxes and levyes , and that he will appear the most popular man who shall shew our representatives , how and in what proportion the rateable parts of mens estates may be rated , a thing that i hear sir w. p. in his manuscript called , verbum sapienti , has essayed to do , and given his sentiment , that supposing a million should ever be raised in england , there should be levyed on the   m. ll .   lands viz. / of the rent . cattle viz. / personal estate viz. / housing viz. d a chimney in london , d without the liberties : d in cities and towns , and d elsewhere . people — at s . d per head , or rather a poll of d and d excise , which is not full / part of the mean expence , and he doth there chap. . § . . with great judgment insinuate , that the over-favourable taxing personal faculties and estates makes plebeians richer and surlier , and that the effect of which may be feared as a tendency to democracy . how favourably such estates were taxed when subsidies were in use , i have shewed , and how very little they came to in the execution of the last poll bill is fresh in memory , and yet in the dutch republic , when the states raise an extraordinary tax sometimes of the dth , sometimes of the dth , sometimes of the th part of every mans estate richer or poorer , and men are taxed therein according to common fame and report by their magistrates of their several cities and towns , and the party grieved at his assessment declaring on his oath that his estate is not worth so much will be always relieved , it is very rarely seen that any man makes himself poorer then common report speaks him , by means whereof that tax is very considerable : and therefore for us to debase our government by the making of that tax so low , when they advance theirs , by chearfully making it so high , will to the loyal lovers of our monarchy naturally in time seem un●easonable . i believe then that he will be the most celebrated parliament-man , that can in any mony-bills direct the making the levy generally proportionable , ( according to that saying in pari jugo facilis est tractus ) and can in the debate of any book of rates , provide against the danger of a clogging of trade , which he who takes wrong measures in burthening , doth ( as one saith ) put a pound weight at the end of a pole , which is heavier then twenty times so much placed at the hand , and doth thereby work down land revenues , more then the sums actually paid , &c. and can demonstrate what burden the people can well bear , and that parliamentary imposts may be put on them in the way that men use to lade the camel when he lies down , so as he may cheerfully rise up with his burden , and how that which is the second principal conclusion in sir w. p' s political arithmetick , viz. that some kind of taxes and publick levies , may rather encrease then diminish the common-wealth , may be render'd applicable to us , ( and in his explicating which conclusion he doth not as a propounder , but as one having authority , namely , that of reason , instance in three various taxes for england , scotland and ireland , that would encrease the wealth of the same ) and how , to provide for equality in taxes , mens estates may be as accurately weighed as they were of old by the roman prudence , which for that purpose instituted the office of censors ( and when in the censes the civil law ordered the censors estimates to be registred , and both the bona mobilia and immobilia to be registred , and even the sums of money at interest to be registred and the names of the debtors , and this upon oath , and in the registration of lands their true value was set down and how they were fertile or barren , and every tax was collected where the estimate was made ) and that the quota of taxes might not be sunk by peoples being return'd as real or feign'd paupers , the whole city was ratably taxed to make up the capitation or pole-money for paupers , and that the people might be exactly numbered , and all this to be done every five years , the time when new censors entered into their office , and to which the word lustration refers , and how to copy out the politics of the house of commons in queen elizabeth's time , when the securing the protestant interest at home and abroad , made them so inclinable to look on the giving her mony to be the great quid agendum , and on which they thought depended both the law and the prophets in the english tongue , and when as we are told it in townsend's collections very great masterly skill was shewn in debates as to the proportioning the taxes , and particularly by those great masters , sir walter raleigh , secretary cecil , mr. francis bacon , and when cecil accurately calculated in the house how much a levy came to wherein the respective quota's laid on land and goods were mentioned by him , and more skill was really shewn in proportions and estimates of the publick money to be raised then has by some parliaments in this age , been endeavoured after or perhaps so much as pretended to . the long parliament of . seem to me in their taxes in london , and the associated counties to have provided only that their concern in the kingdom might vivere in diem , but hath occasioned the disproportionate and immoderate weight of the taxes in some places of those counties to be perpetual . and the prodigious taxes laid on the inhabitants of london , during the war after did not end with it , insomuch that lilly the astrologer in his vile book of monarchy , or no monarchy in england , printed in the year . saith in p. . my proportion in the ship-money was s. and no more , but now my annual payments to the souldiery are very near or more than l , my estate being no way greater than formerly . in the parliament in anno domini . and anno reg. iac. . there was passed an act for the granting entire subsidies and six fifteenths and tenths granted by the temporalty to his majesty , with the reasons why granted , and the great advantages his majesty hath been to the kingdom . and in the act it is inter alia said , a first and principal reason is that late and monstrous attemps of that cursed crew of desperate papists , to have destroyed your excellent majesty , the queen and your royal progeny , together with the reverend prelates , nobility and commons of this land ; assembled in parliament , to the great confusion and subversion of this kingdom . the barbarous malice in some unnatural subjects , we have thought fit to check and encounter with the certain demonstration of the universal and undoubted love of your loyal and faithful subjects , not only for the present to breed in your majesty a more confident assurance of our uttermost aids , in proceeding with a princely resolution to repress them and to furnish your majesty against hostile attempts both by sea and land , but also for the future times , to give their patrons and partakers to understand that your majesty can never want in this kingdom means of defence of your rights , revenge of your wrongs , and support of your estate . they had immediately before said , we do further think fit to add and express these reasons special and extraordinary , which have moved us hereunto , lest the same our doing may be brought into precedent to the prejudice of the state of our country , and our posterity . as hidebound as king iames found parliaments afterward ( for as i said ) he in his speech in parliament anno mentioned , that in all his reign he had but subsidies and six fifteenths , yet their belief of that popish gun-powder plot fired the zeal of their supplyes , and ( as i may say too ) made their money burn in their pockets , and pass with speed into the exchequer , and with a salvo to the caution about not drawing that act into a president , &c. had i been in the parliament that sate after the discovery of the last popish plot , i should have moved that the belief of that plot might have shewn it self by works of supply to the king , especially considering that the protestant interest was then abroad , inter sacrum & saxum , and do hope that the belief thereof will so shew it self in any parliament his majesty shall call , that we shall that way expostulate with the quare fremuerunt gentes , abroad against the protestant religion . and such a golden age do i expect for the crown from future parliaments , that i believe that nothing of prerogative that safeguards the kingdom , will be ask'd as the price of any supplyes , and that as i thought it very absurd in a country fellow , when he called for a quantity of an opiate medicine his doctor had prescribed , to ask angrily , shall i have no more for my money ? when as if he had had more it would have poysoned him , it will generally appear as absurd on any supplies to swallow up so much of the executive part of the regal power , as would prove in effect destructive to the body politick . we shall have so much occasion to come for shelter under the branches of regal power , that we shall not be tempted by any leisure to lay its roots bare . and considering that even in republicks both ancient and modern , there hath been a parenthesis of dictatorian or monarchic power in times of war , and that all the times that all the living now in christendom are to be fencing with all the way in their march to the grave , may perhaps be times of war , i may well account that the sir politics will every where appear ridiculous , who shall trouble the world with models of republicks , agrarian laws , and rotations , and spending time in the contrivance of ballotting boxes , and raise a dust in mens eyes with the ballance of land at home , when we shall be forced still to look out sharp to keep the ballance of power exact in the whole world abroad , and shall think time better imployed in notions of the building great capital ships to defend our interest , in and by the ocean , then in furnishing such little wooden ware for a fantastick oceana , and shall essay from an oceana or vtopia to introduce an establishment of one assembly only to propose , and another only to enact such things as the other shall propose , a thing that an english house of commons would naturally as much loath as to be tyed from eating any meat , but what a house of lords should chew for them ; and yet is this divided or double-bottom supream power of the two assemblies by our airy dreamers made essential for the preventing the divulsion of their government . i lately mentioned the proponentibus legatis to be the thred of controversie that ran through the whole council of trent , and he who reads all father pauls history of it , will find that question to animate the whole , and to be there , tota in toto and as it were all in every part of it . the chiefest of the cardinals were the popes legates in that council , and they were by their interest tied sufficiently to propound nothing but what should promote the papal power , but in book th 't is said , that the pope had advice from his nuntio in spain , that the most catholick king was much displeased with the style of proponentibus legatis , allowed in the first session , and that the pope excused it as introduced without his privity , but that however he would not quit it nor have it permitted that every turbulent person there might propound what he pleased . and there in book th 't is said , that the pope on further application from the ambassadors of princes that that clause might be damned , as contrary to the liberty of ambassadors and bishops in propounding what they thought profitable , those for their states and these for their churches , the pope gave them good words about it but did nothing , and book th , the spanish ambassador desiring the retractation of that clause , and that otherwise the council could not be called free , and that its freedom was to be dated only from the time of such retractation , and that the emperor insisted on its abrogation , and that by reason of that clause no german had yet come to that council , yet nothing was effected for its revoking , and still the proponentibus legatis stood as a rock , and all their addresses dash'd themselves in pieces , producing nothing but the froath of excusatory words from the pope about it : and in fine all that could be gained was , in the end of the council , after that clause had had its full effect , and done all its execution against the freedom of the council , and particularly of the ambassadors and bishops there , and was like a post-horse ridd to his stage , and had brought all the cloak-bags with the holy ghost from rome , to turn it to grass with a formal declaration or protestation contrary to fact , that the meaning of the synod was not by that clause to change in any part the usual manner of handling matters in general councils , &c. a crying con licensa to the bishops and ambassadors after the cutting of the throats of their liberties . and now can any opiniatre yet further think that a representative of english commoners will ever think those republican projectors of liberty , who do bare faced cut them off from the freedom of their share in enacting any thing but what another house shall propound , and that nothing shall have the sanction of law , but what enters the stage with a proponentibus patriciis , or by the proposition of any other house , the style of one of cromwels two houses , and who do set up for inventors in politics by reviving the exploded constitution of the athenians among whom anacharsis observed , wise men did consult and fools determine . but the days are pass'd and gone , that gave people of subtle and uneasie brains the leisure of digging in politics further than the center , which whoever doth , digs not downward but upwards , and that center i account the ancient lex terrae to be , and he who hath got beyond that doth digging upwards destroy the real foundations of churches and states , while he is laying imaginary ones . but since according to the saying in hieme nil movendum , men of sense who love to be tampering with physick in other seasons , will in that be averse from stirring the humours and trying conclusions on themselves and in the churlish state of the world abroad that is in prospect , all state empirics that would any where advise a change of fundamental governments , will find an unruly patient of the world , and all our sober political virtuosi will be necessarily inclined to study how to maintain and support our old government , instead of projecting any new one . and in order to the support of our old one , i dare say that there will be no more suspension of royal aids on the account of the arminian controversie , or the freedom of our wills , while we are busied in preparing to defend the freedom of our estates and bodies from forraigners , and securing both prince and peoples not being predestinated to ruine by them . the extinguishing the maintenance of the clergy will not pass for a new evangelical light , but the exactest provision for the enabling crown'd heads to support their civil government and their clergy , and with the observance of equality and proportion in the same respecting the state of their kingdoms , will be worthy the thoughts of the most illuminated doctors : for as among the divines it is on all hands agreed , that from the th chap. of the prophecy of ezekiel to the end of that book , the thing chiefly designed in the portraiture of the great vision of the prophet is to represent the figure of church and state under the gospel , so there is great proportion kept in the same , and not only the curious colouring but the exactness of draught and design required in a great historical painting ; and no wonder if the same appeared so express'd on the table of the prophets imagination , when god himself was pleas'd there to paint it partly after the exactness and proportion of the iewish oeconomy , and with many additions of curiosity , and to which tho a litteral interpretation is not applicable , and on which tho no expectance of the erection of another material temple at ierusalem or in iudea is to be founded , or of reeds of land for the temple and priests , yet may it thence be naturally inferred that the preserving of orderly proportion in the revenue of the prince and priest , and with respect to number weight and measure in the future times of the gospel , was then the care and design of providence . the th chapter that doth so nicely assign the portion , for the prince and priest , ordains or rather predicts a royal patrimony for the prince in the way of a ballance of land , as 't is said in the th verse , in the land shall be his possession in israel , and my princes shall no more oppress my people , and the rest of the land shall they give to the house of israel according to their tribes . the consideration of this may probably reforme the men of curious imagination who are still making the metal of government more fine than the standard , and thinking to leave out there the necessary mixture of the baser allay that the frail state of humanity requires to make it currant , and without which it would be too brittle for use , and projecting how to make the government of church and state with ease to live upon nothing , or on taxes in a confused and blundering manner laid , when the thought of an inspired prophet in this vision relating to the time of the gospel the which is called by the author of the epistle to the hebrews , the time of reformation applied all the exactness of mathematics to the supporting both the crown , and use of the keys by an ample and certain revenue . and as the great tax of augustus on the roman world or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 by way of capitation or pole near the time of our saviors birth , served to confirm the christian religion in the accomplishment of the prediction of christs being born in bethlem , and to cause ioseph and mary's going thither , a resembling effect in the confirmation of the most rational kind of the christian religion , i mean the protestant , do i expect from our future legal and equal taxes ; and as i mentioned my lord bacon's saying of the parliaments being yet in debt to the church since harry the ths time , so it may perhaps as justly be said that they are in debt to the crown for the safety of the protestant religion since queen elizabeth's , who as i have been informed from some well vers'd in our exchequer records ) alienated more of the patrimony of the crown then any english prince ever did , and that in order to her raising those great sums before mentioned , which were necessary for the securing the protestant religion , and rivetting it in fast to our laws and government , and i am the more apt to credit such my information because i see not by what other way she could raise those vast sums , but by such alienation of the crown lands , her ordinary expences , probably coming near such her receits , which one may partly guess by what sir robert cotton in his abstract of the records of the tower touching the kings revenue affirms , ( ex computo dom. burleigh the saurar . ) that anno , her revenue besides the wards , and dutchy of lancaster was l. s. and the payments and assignmets were l. s. of which the houshold was l. privy purse l. admiralty l. and sir robert cotton in that book mentions that she did pawn her iewels in the tower , and often morgage her land : which no doubt she was constrained to do for the great end aforesaid , her ordinary revenue and extraordinary supplies of subsidies not being adequate to the great sums that her measures of state and religion caus'd her to expend . and to how low an ebb the crown lands were fall'n in the late kings time , from what they were in the th year of her reign ( and when they were perhaps about , l. per annum ) appears in a book of mr. christopher verion an exchequer man dedicated to sir iohn culpeper under treasurer of his majesties exchequer , where 't is said that the revenues of the kings lands now in charge before his majesties auditors , amounted in the whole to , l . per annum , and consisted then for the most part of fee-farms and certain rents . i have before mentioned that she laid the foundation of the protestant religion , being here semper eadem : & as in the metropolis of holland the foundation of a house ordinarily costs as much as the superstructure , thus expenceful to the crown did the foundation of protestancy by her prove : and she needed not the precaution in these words of st. luke , for which of you intending to build a tower , sits not down first and counts the cost whether he hath sufficient to finish it , lest happily after he hath laid the foundation , and is not able to finish it , all that behold it begin to mock him , saying , this man began to build and was not able to finish . she laid the foundation of our english gospel so deep in the law of the land , that ( god be thanked ) the romanists have not been able to mock it further then by calling it a parliament-religion , and by my consent let them that way still mock on , and i shall mock at them who think that any religion but protestancy here will ever have a parliamentary sanction ; and if popery had not been a parliamentary religion here in the marian dayes , her reign had not ( as i may say ) been infamous by the occasion of any noble army of martyrs , nor the eclipse , of justice and mercy , and the english good nature in her vile quinquennium been made an epoche of horror in the english story , as great eclipses of old in chronology , like notches in the line of time for mens memories to fasten on , served as dates of epoches to measure it by ; and setting aside some just ground of fear of poperies being here permitted by heaven to be an epidemical opinion of religion , as a just punishment of such defection from morality , i think the fear of the kingdoms being shipwrack't on it , and sustaining thereby such persecution as was in bohemia , would be as much to be mocked as shakespears shipwrack in bohemia , and the fear of the writ de haretico comburendo grillading any more christians be as ridiculous as lithgows mentioning in his travels , that in a hot country he saw geese roasted in and by the sun. but my lord ( raillery apart ) the protestant religion that before queen elizabeth's reign was only like a picture hanging on the wall , and easie to be removed without fatal prejudice to the kingdom , hath since been so incorporated into our laws , and the heart of our politicks , that like the old fresco painting appearing on walls and there wrought deeply in , it cannot be removed but with the wall it self : and whatever popish bishops or iudges any prince of that persuasion may possibly hereafter appoint , they must till some of our acts of parliament can be repeal'd , which declare popery to be against god's law , give judgment , that it is so ; accordingly as 't is rationally resolved in vaughan's reports in the case of thomas hill vers . thomas good , where 't is occasionally said , that if a marriage be declared by act of parliament to be against god's law , we must admit it to be so , for by a law , that is , by an act of parliament it is so declared . there is nothing i am more ashamed of in many protestants who pass for first-rate ones , and carry not only swoln sails of profession of it but flaggs as demagogues , then to see them as i said value themselves on their excessive fears of papists and popery . i would wish that such intimidated protestants ( if really they suffer that passion , and are afraid of the fire of those faggots , that they are more distant in nature from , then from the heat of mount aetna , and talk after the rate of the martyr in his letter to cranmer , that they must prepare to hold out to the fire inclusive ) would not by their pittiful ill boding fears stain the noble prophecies of some english martyrs , when the fire was kindled about them at the stake . the acts and monuments will tell them how at the martyrdom of ridley and latimer , that when a faggot was kindled with fire and laid down at ridleys feet , latimer spake to him in these words , be of good comfort mr. ridley , and play the man ; we shall this day light such a candle in england , as i trust shall never be put out . but what is somewhat more extraordinary and which i remember not to have heard any one observe out of the acts and monuments , is in the relation of the tryal of roger holland a merchant-taylor of london , how bishop bonner heard him say after the sentence of condemnation was read , god hath heard the prayer of his servants which hath been powred forth with tears for his afflicted saints , whom you daily persecute . but this i dare be bold in god to speak , which by his spirit i am moved to say , that god will shorten your hand of cruelty , &c. for after this day in this place shall there not be any by you put to the tryal of fire and faggot : and mr. fox saith , that after that day there never was one that suffered in smithfield for the testimony of the gospel . and the prophetic impetus of george sophocard a scotch minister was very remarkable ( as buchanan in his th book of his history relates it ) and when the cardinal in scotland and his train of priests were spectators of the tragedy of the martyr , he fixed his eye on the cardinal and said , that the cardinal who there gazeth on me with so much pomp and pride , within a few days shall fall there with more ignominy then he now sits with state , and so it fell out that the cardinals carcase was shortly dragged with infamy by that very place . it is somewhat natural for dying men , and perhaps for all unfortunate men to offer at prophecy . they who have good cards dealt them in one game , trouble not themselves to prophecy that they shall have either good or bad ones in the next ; and few who have sound minds in sound bodies and with sound estates , can tune their thoughts to divination . but as i would not rashly embrace , so neither would i trample on the predictions of pious men in their last agonies , and particularly of what they who are gods witnesses or martyrs predict about the cause of religion : for it is the lot of witnesses in any cause , to be frequently entrusted with the secrets of it . but however the most raised intenseness of humane nature near its period in any men may tempt them to believe that the things they wish to the world will have their certain birth in it , yet whether god doth then inspire them with the knowledg of futurity i know not : but know that the very prediction of future things from dying men of valued fame , is according to natural causes , an engin in the hand of fate to bring the things predicted to an accomplishment . for it being sound that sagacious men on the confines of eternity have foretold any alterations in the world , such as wish the same will think them first possible , and then by degrees likely , and then by the next thought certain to come to pass , and that therefore they are safe by heavens office of ensurance that their embarquing in designs to bring those things into practice will be prosperous . however when we see those martyrs both living in story , and their predictions in nature , and when our martyrology hath represented to us with what an heroick bravery their souls flew up to heaven from the flames , like the eagles cut loose and towring aloft from the funeral piles of the roman emperors as they were going to be made divi , can we be dispirited by dull fears and suppositions of protestancy , and our laws loosing their vigour , and be proditors of the honour of out dying martyrs ? i do rather both hope and believe that as dead mens sculls do serve to strengthen the heads and feet of the epileptick living , that the ashes of those marian martyrs will confirm the faltring paces of our weaker protestants from staggering into an excess of the fears of popery . and as in the hospitals of the mad it is often seen that an hypochondriac person whom irrational fears and fancied dangers brought thither , is by a real danger , imminent on his family or estate , frightning him into his senses led out from thence ; such a restoration of people to their wits , do i expect from the present and probable future state of christendom , and that it will necessarily rescue us from unnecessary fears as likewise from all curiosities , that would imply our ingratitude to heaven while we would illegally mend our own country after the example of other parts of the world that is almost the only quiet part in it : and propounders will i believe every day grow more out of request who would make earthquakes by telling us of the danger of falling skies . it may perhaps be rationally estimated that the greatest part of mad men becomes such by extravagant suppositions , and that the quid si coelum ruat is the foundation of most bedlams , and likewise the subversion of most states by intestine war , making them appear as much the ludibrium of fortune , as was the story'd fate of the two brothers killing one another on occasion , tho not of falling skies , yet of their imaginations travelling thither , and ones supposition of his having pasture ground as spacious as the firmament , and the others of his having as many sheep as there were stars there , and his demanding their being pastured there , and fatally resenting its being denyed him . what a grave piece of madness is it in the common writers of politics to make it a kind of proverbial saying , as i find it used by reinkingh in his tractatus de regimine seculari & ecclesiastico as well as by other dull learned writers of politics , namely , that a prince may be resisted si navem reip. in quâ ipse cum subditis navigat , perforare velit . 't is a degree of madness to suppose it ; and the like i thought of a supposition in a pamphlet printed not long after our commotion , and called observations on some of his majesties late answers and expresses , where in p. . 't is gravely said , that if a generalissimo should turn his cannons upon his own soldiers , they might disobey him , &c. or thus supposing with gerson , that if the pope goes to strike and box any one , or with alacius de privileg . l. . c. . that if the emperor doth so , that it is lawful in such case to lay violent hands on either of them , and thence gravely to conclude that the party so uncivilly and outragiously treated becomes thereby the deputy and lieutenant to nature , which is a common and equal soveraign to them all , as one persons words of inference in this case are from those authors . bodin doth therefore very wisely in his de rep. check the affected wisdom in a venetian edict against two banditi who were father and son , and offering the son his liberty and estate if he would bring in his fathers head : and being angry with the supposition of such a things being done faith , that 't were better that the whole city of venice had been swallowed up by the sea then that it should have rewarded so detestable a villany . but it is a madness for any to trouble the world by putting wanton impossible cases , and extending the gold of reason to such a thinness that will make it lose its weight and value . to an over subtle case put , that blundering answer of a lawyer was good enough , non est ejusmodi casus dabilis . mr. hobs in his behemoth doth to the question , what if my prince should command me with my own hands to execute my father , in case he should be condemned by the law , answer well enough , this is a case that need not be put . we never have read or heard of any king or tyrant , so inhumane as to command it . but i will suppose better things of the future state of england , then to believe it will ever suffer such real madness and real dangers , as formerly from suppositions and fictions , not of law but of injury , and when some injurious demagogues did often acquire both popular air and bread by their but seeming to suppose what they seduced the people really to do , and to be really thereby impoverished . when i think how some men by false alarmes of suppositions , would for the lengthening their interests , lengthen the fears of any persons , and among mortal men make the dangers of plots immortal , i call to mind that 't is not very long ago that a forraigner who was physician to king charles the first , i mean sir theodore mayerne occasioned an universal out-cry of the disease of the spleen here , and was observed in many cases where the disease proceeded from the fowlness of the stomach or other causes , yet to attribute it to that part of the body which tho all animals have yet most if not all may live without , i mean the spleen , but however he got his living thereby and so plentifully , that it may be said , that he ( as it were ) made the spleen , and the spleen made him . and thus doth a spleen of some popish sham-plots , and the continuance of the fears and danger from a true one , make some persons perhaps who made the former and the continuance of the fear of the latter : and such state empyricks would be as much impoverished by the utter abolishing of the same , as some of our great merchants who trade in companies and with convoys , would be if there were no argeer ; but as the swelling of the spleen proves the emaciating of the other parts of the body , so hath the swoln spleen of the popish-plot , particularly not more enriched some merchants that traded therein , than it hath impoverished the kingdom in general , and i do believe that a tax of a million of money raised in england in the way before mentioned , would not have been universally so heavy a burthen as the popish-plot in its effects and consequences hath been . but what by the bravery of the english genius to which ( as was said ) the continuance of any sort of fear is unnatural , and despair which generally grows from sloth and cowardize appearing so dull a thing ( humane nature being apt easier to descend into it , than to ascend by presumption ) and what by peoples being convinced of the smallness of the papists numbers here comparatively , and of the ridiculousness of the rumour'd greatness thereof in particular places , as for example , of there being , papists in st. martins parish , where there dying ordinarily about in a year , there cannot be judged to live souls of men , women , and children , according to the rule of in dying each year , and what by the late great divulsion of the double bottom of the pope and the iesuites appearing by his decree of march the d before mentioned , ( which makes all thinking people as much to expect its shipwrack as do the throngs of the plebs resorting to the shore in tempests expect the ruine of navigating vessels , and to look on papisme as saying in effect to iesutisme , nec tecum , nec sine te ) and what by the notion so much in vogue and so likely to be more , that 't is as improper to call some of the tenets of popery by the name of religion , as 't would be professedly to mis-call any thing obvious , as for example , to call musick the art of rhetoric , or grammar logic , or to call astronomy or dyalling , by surveying or gawging , and that 't is only that that is religion indeed , that is to be honoured ( according to that expression in the scripture , honour widows that are widows indeed ) and what by the urging fate of christendom now so loudly as with the voice of thunder repeating it to us , that this nation must either now be quiet , or that the world abroad can never be so , and that the hand of this realm must be steady , if ever it will keep the ballance of christendom so , and what by the nations having outlived all the malignant symptomes of the plague of its fears , i think on the whole matter , we may without any thing of the fire of prophecy , and only from the light of reason presage that the excessive fear of popery as well as its danger will here be exterminated . i doubt not but the former as well as later experiences of the papists here concerning the inconveniences of their artifice of making or increasing dissensions in the kingdom ( the dividing of which by them as well as other religion-traders hath prejudiced it more than the so much talk'd of division of the fleet ) will in the present conjuncture of affairs incline the sober party of them to joyn with the body of the people of england , in being sharp abhorrers of the principles of the iesuites : for they can hardly go any where now in the land without seeing a cain's mark set on those who cause divisions , or still drive the old trade that the bohemian nobleman andreas ab habering field in his detection of the popish practices mentions , that sir toby mathews , maxwel and reade those jesuited political interlopers did in the reign of the royal martyr , namely , to mis-represent the court and the puritans to one another , and to endeavour to perswade male-contented people , that that pious prince designed their slavery , a thing so false that he was reverâ their martyr , as he with great justice said of himself on the scaffold , and which great name he might challenge even on the account of natural justice , if there had been nothing relating to reveal'd religion in the case to entitle him to it : for st. iohn the baptist was a martyr , and yet died for no article of the christian faith. it may be justly said that our monarch fell a martyr for the people , by not violating the lex terrae , that he was by his oath bound to maintain , and by his therefore not owning the jurisdiction of the vile court over him ; and moreover the law of nature obliging him indispensably to do nothing that by his exemplary abdicating any right inherent in the crown would have incapacitated him and his successors from protecting their liege-people in their inheritance of the laws , and it being a thing certain that the law of nature is as much the law of god , as is the law positive or his written word ( and indeed as gataker saith well in his book of lots , the law of nature written in mans heart , is the very same so far forth as 't is yet undefaced with the law of god , revealed in the word ) it may be with reason averr'd , that any member of mankind whether prince or subject who is put to death by any court of justice , or armed force , or by the hands of russians or bravos , on the account of his discharging his obligations to the law of nature , may enter his just claim to the name of martyrdom . i have therefore supposing that godfrey lost his life by vile hands for discharging with courage the duty to his prince , that the law of nature and of the land required from him , have given the name of martyrdom to his fate , and i should ascribe the same name to any one that should suffer the same fate by the hands of any ruffians that called themselves protestants , for his asserting the religion by law established , and discountenancing the doctrine of resistance , and the principles that subvert the right of the inheritable english monarchy , and doing what he was by the law of nature and the land obliged to , for the asserting the one and discountenancing the other . thus therefore do i judge that name due to the dire fate that the late arch-bishop of st. andrews sustained from the hands of those execrable presbyterian bravos , who defiled their land and the light of the sun there with the open murder of that prelate . and supposing that the great harry the th of france , who was so abandoned by heaven to little fears on earth , as when the duke of sully was perswading him not to recall the iesuites , to answer him thus , give me then security for my life , did yet receive the doom of the fearful in this world for his continuing his protection to his protestant subjects according to the laws of nature , and of his realm ; i shall not deny the right that the nature of his fate hath to be crown'd with the name of martyrdom . 't is very possible that some wretched protestants so call'd , may to the scandal of the name of religion design out-rages and sedition , and the late publications of many seditious pamphlets by them , and the re-printing of some of the most rebellious ones that faced the light in the times of the usurpation , ( and for example of the political catechism , and of the rights of the kingdom , in which latter the murder of the king is justified , and the right of the english monarchy struck through the th ribb , by the authors making it elective ) hath given the government a just alarm of the designs of the publishers of such pamphlets and of their abettors , and they serve among men of caurion as a suspicious sign of some mischief intended by them , as the extraordinary commotion of the waters is to whale-fishers , an indication of a whale approaching , and from such as well as from some of the emissary slaves of the iesuites here , what can any who act with the highest zeal in their several capacities to assert the rights of the crown and church expect but according to the stile of cicero against cataline , nisi ut notent & designent oculis ad caedem unumquemque nostrum . but as to any who for the just discharge of their natural obligation and duty , as magistrates or private persons shall suffer the worst of fates , i shall not deny the name of martyrs , so neither shall i think him worthy the name of an english man , or a regarder of the divine natural law , who doth not if a magistrate by the due execution of the laws , or if a private person and of signal parts and learning by his discourse and writing notifie the absurdities and inconveniences of any seditious principles chargeable , on any perswasion of religion whatsoever , every subject being under moral obligations duly to represent to the pater patriae , and to his brethren subjects the dangers imminent over them by any destructive principles or practices , whatever disguise of religion the same may assume ; and it is most worthy of the most generous dispositions that can be in men who own the love of their country , with monuments of praise to honour the memories of those heroic persons who were so unnaturally dealt with for asserting the rights of the god of nature , and thus fell its noble victimes , and who in the race of their lives were agonists for it , and to resemble the justice of the lacedemonians among whom those that died for their country were proverbially said , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and were crown'd with olive and other branches , and with praises extoll'd to the skies : and to this custom probably the words of the doctor of the gentiles have a reference , where he saith to timothy , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , fight the good fight of faith ; and st. paul sutably was but just to himself , when writing to timothy , i am ready to be offered up , &c. he added , i have fought a good fight , &c. and thus too may our royal martyr be said , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , and considering how great an agonist and confessor queen elizabeth was , and how often she was designed for martyrdom by some of her romish antagonists , the londoners were but just to her , when adorning their churches with the figure of her monument they placed over her effigies , the inscription of , i have fought a good fight , &c. and as the old agonistical games were among the graecians and romans , instituted in honour of their gods , and as critical seasons for their shewing their love to their country by their then making leagues and agreeing on the great concerns of peace and war , and men , then in various contentions of the body and mind shewed their utmost abilities , so doth the divine natural and positive law oblige all christians in any conjuncture or season of colluctation between true and false religionary principles , to shew their athletic habits of mind in the most consummate manner , and earnestly to contend for the faith : and indeed the christian religion in the rule of its practice , having throughout the new testament made agonisme essential to its morals ( which one word of agonisme is comprehensive of more vigour than all the heathen precepts of morality include , or perhaps all the written practices of piety and devotional books ) let him by my consent be devested of the name of christian , who on any just occasion shews not himself as an athleta for his religion and country in all lawful ways by entring the lists with all principles of hostility to either , whatever the event may be ; but still with a fair respect to the persons of all contenders ; for even that the agonostic games required , and particularly , ne quis in colluctatione vel pugilatu antagonistam studio deditâque operâ conficeret : alioqui ne victor coronaretur : nay so averse were the athletick laws to cruelty , that they obliged all contenders to endeavour , quo mollior leviorque ictus minus laederet , and especially to abhor the brutish art of biting one another , the abhorrence of which i do expect will grow more and more in fashion between religionary antagonists , notwithstanding the many exorbitant incivilities i find practiced by some such contenders towards the persons of each other in the present conjuncture , wherein i have observed that too many of the protestant as well as popish antagonists have by cruel mockings and biting words and shams , made it their chief business but in one thing to resemble one of the old agonistic games , namely , that of the wrestlers who after their having been first annointed with oyl to strengthen themselves , did then that they might the better lay hold on one another , and might not slip out of each others hands , se mutuo pulvere sive arenâ aspergere , ac propemodum faedare , a thing too many among us have done outright , and thereby shewed themselves not to be so much as almost christians , and a ridiculing humour of throwing dirt that the colluctations about the land on the continent of christendom , will i believe ridicule out of our world at least , and unteach us the turpitude of such railery , and make the doctrines of speculative points of religion to give us no more disturbance than doth or ever did the doctrine of lines and figures . and as the more ingenuous and true sober part of the people , is now moved with pity to nonconformists , for being led away by the nose from our churches by the iesuites ( a thing that mr. nye himself affirms in his book called , a case of great and present use , whether we may lawfully hear the now conforming ministers , and printed anno , and the not thinking which lawful he makes a misperswasion , and saith in p. , and , in most of the misperswasions of these latter times by which mens minds have been corrupted , i find in whatsoever otherwise they differ one from another , yet in this they agree that it is unlawful to hear in publick , which i am perswaded is one constant design of satan in the variety of ways of religion , he hath set on foot by iesuites among us ) and doth the more pity them for that some well meaning persons among them who were blindfolded into some of their nonconformity by iesuitic emissaries , had not heretofore their eyes opened to see that the same persons were often sollicitors with magistrates , to do their duty and put the laws in due execution against them for their nonconformity , and that such emissaries had thereby an occasion of saying to them according to the style of the chief priests , after they had blind-folded our saviour , and then smote him , prophecy who is he that smote thee ? and for that such well meaning persons have been observed at the same time to importune the almighty , that he would open the eyes of kings and princes , so hath it likewise general resentments of scorn and anger against the principles of those bantring popish seducers , who as they have some emissaries here to kill souls and others probably ready on occasion , to kill bodies , have distended the doctrine of popery abroad in the world to such an excess of cruelty that no man can calculate the number of gods it hath made , or of men it hath destroyed ; and i hope that such iesuited emissaries will in time generally appear not only hateful but ridiculous to our papists themselves : for who indeed can choose but laugh at the discussing or deliberating of the question in p. . of the mystery of iesuitisme , viz. whether the iesuites may kill the iansenists ? so very hateful are their principles to some of our ingenuous english papists , that i have heard a great and noble person mention it with contentment , that some of that order of false prophets were since the popish plot executed for it , tho yet he doubted of the veracity of the witnesses against them . i very much differ'd in my judgment from that of that noble person , and would have no man damnified in the least for the greatest crime , but by witnesses greater than all exception , and do account it easier to give heaven an occount of mercy than justice : but yet on the recollecting of my thoughts i have found it so incident to humane nature to delight by ill witnesses to punish the avowers of false religionary principles , that i have read it among some rabbinical observators of the customs of the iews , that they anciently allowed of false witnesses against false prophets , and of whose being such the sanhedrim did cognosce , and so they impiously reputing christ to be such , did barefaced bring forth false witnesses against him , and he could not be allow'd to except against their persons but only against their sayings as discordant : and to this purpose we find it in the gospel of st. mathew , ch. . vers. , . now the chief priests and elders and all the council sought false witnesses against iesus to put him to death , but found none : yea tho many false witnesses came , yet found they none . at the last came two false witnesses , and in st. mark , ch. . v. . and . 't is declared how the testimony of the false witnesses agreed not together . i have mentioned this as not in the least intending to reflect on the testimony of any one witness ever produced in behalf of the crown in any criminal cause in any age of time , and do think that according to the saying that defensio non est deneganda diabolo , and that as a railing accusation is not to be brought against the devil , so much less ought a false testimony . and i am moreover in any point relating to the safety of princes lives , and when there are exasperated parties in a kingdom , criminating and recriminating each other about the same , inclined to do what is fairly to be done to support the credit of witnesses , considering ( as the observation is ) that as he who is bound to the king , his bond is good for nothing to any one else , so he that during such a conjuncture is a witness for the king is liable to so many volleys of dirt from some one of the inraged parties , and to have all the particular excesses and extravagances of his life so display'd , as to endanger his testimonies usefulness in other cases . but yet if any magistrate finds the testimony of witnesses he would support to be insupportable , and doth not believe them to be fide digni , he is obliged morally to avow such his sentiment thereof , when he is legally put upon it . and here i cannot pretermit an occasion of mentioning your lordships great courage and justice in an affair that my correspondent writ to me of , namely , that when some witnesses had in the house of lords been examined about a popish plot in ireland , and that the vote of every one in that house was given for the reallity of that plot except your lordships , you entered your dissent as not believing any such plot in ireland as was by the witnesses sworn , which was certainly most worthy of your lordship to do , if you thought not the witnesses worthy of your belief , and your caution in your so judging , that the papists in ireland designed not such a plot to be executed in that kingdom , was the more remarkable in regard that 't was some time since published in a large pamphlet of the growth of popery , that the irish plot was a thing contrived only to divert and hound us away from the pursuit and examination of the english one . and yet the same witnesses ( as i was inform'd ) obtain'd that belief from a loyal and honourable house of commons concerning the irish plot , that caused the vote of its reallity to pass with a nemine contradicente there . what fautors of false testimony the jesuites principles are , i have shewn , and at the same time afforded my testimony to the heroic vertue of many others of the church of rome , and think it great and pedantical kind of injustice to charge all lay-papists with a readiness to obey their priests commands by being ministerial in cruelty to protestants . i remember i have read it in a printed speech of sir audly mervin the speaker of the house of commons in ireland , a speech glowing with anger enough against the papists , where yet 't is said p. . in the barony of enishoan there are above two thousand irish papists can bring hundreds of protestants to witness their civil demeanor through the whole course of the distemper in this kingdom . and as the bloody sect of the zealots grew at last so odious among the iews , and another order of such sicarii among the turks , so i suppose that of the jesuites will naturally do among christians , and the jesuites writ de haeretico assassinando , grow obsolete , and especially in places where the scene of mr. coleman's northern heresie lies , it being an old observation that northern countries are more hospitable and less cruel , than southern . in the very time of the dawn of learning ushering in that of the reformation , it presently grew odious to the first-rate ingeniosi to draw heretics blood . our famous countryman tunstal bishop of durham ( who had imbibed so much of the mathematical sciences , that vossus de scientiis mathematicis saith p. . ante annos centum & quod excurrit , magnâ cum laude praecipue ob sermonem purum , & perspicuum de arte supputandi egit cutbertus tunstallus , and whose book of arithmetick writ with such pure latinity is commonly extant ) was of such a temper that ( as fuller tells us in his church history ) the bishopric of durham had halcyon days of peace and quiet under god and good cutbert tunstal the bishop thereof . sir thomas moor of whom 't is said , that 't was writ on his tomb , that he was furibus haereticisque molestus , yet in his vtopia rouls neither of them in blood : and in his chapter there concerning the religions in vtopia , he makes divers kinds of religion not only in sundry parts of the island , but also in divers places of every city , some worshipping the sun and some the moon , and some other of the planets , and the wisest of them worshipping god almighty , and some embracing the faith of christ at first without the help of a priesthood , and minding to choose a bishop among themselves , without sending out of their own country for the order of priesthood , and makes them affrighting none to or from the christian religion . and that that book of his may rather be thought an original of his mind than a mere copy of his countenance , we have the suffrage of dr. danne in his 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , where having said , that sir thomas moor was a man of the most tender and delicate conscience that the world hath seen since st. austin , and citing of his vtopia . l . c. de servis , he saith , he was not likely to write there any thing in jest mischievously interpretable . and if a man would quote things of erasmus his great humanity to all humane kind , he must quote almost his whole works . but how far his genius led him from any brutal ferity toward heretics , your lordship will see by this passage in his supput . error . bedae . dic ecclesiae , quod si non audierit sit tibi velut ethnicus & publicanus : quasi hic ulla sit incendii mentio . rursus apostolum . post unam & alteram correptionem devita . an devitare est in ignem conjicere ? iterum auferte malum ex vobis ipsis . num auferte valet idem quod occidere ? he had said before , quas autem mihi narrat ecclesiae leges ? an leges ecclesiae sunt quenquam ultricibus tradere flammis . and afterward at episcoporum est quod quidem in ipsis est docere corrigere , mederi . qualis autem est & episcopus qui nihil aliud possit , quam vincire , torquere flammis tradere ? quod si qui tractant hoc negotium tales essent , qualem se declarat in hoc libello beda , hoc est si tantum spirarent odii si tantum haberent impudentiae , tam impotens calumniandi studium , tam corruptum judicium , ut videatur citius decem propulsurus in haeresim , quam unum revocaturus , nonne belle ageretur cum delatis ? nisi fallor primum designare cui male vellet , eum curaret clam rapiendum in carcerem : ibi quaererentur articuli tales quales plurimos objicit mihi partim falsos , partim depravatos . disputatio si qua fieret , perageretur in carcere , si quidhisceret contrà mox accersitis tribus dilectis monachis , pronunciaretur sententia diffinitiva . quod reliquum est perageret carnifex . vbi theologus defert rapit in carcerem , urget accusationem , damnatum tradit judici profano . iudex non ex suâ cognitione ▪ sed ex theologi praejudicio tradit flammis . our martyrologist mr. fox could not have expressed more anger against a bishop bonner , than erasmus a papist hath here against popish persecuting prelates . had erasmus then known of one practice enjoyn'd constantly by the canons to popish bishops at their condemning of heretics , to salve the phoenomena of their irregularity by intermedling in causâ sanguinis ( and about which your lordship shewed me once some remarkable quotations in a letter writ to you by the lord bishop of lincoln , and of which quotations i beg a copy from you by the first opportunity ) namely , efficaciter & excorde , to intercede with the secular judge to whom they deliver the heretic over , to bring no pain of death or mutilation of member to him , i believe the great wit of erasmus would after his ingenious account aforesaid of the tragedy of the condemned heretic , pleasantly entertained himself and posterity with the wanton cruelty of that farce that ensued it , and let us see how the popish bishop then using the speech familiar to some tooth drawers just before their operation , i will do you no harm and put you to little or no pain , did at the same time make use of the power of the secular magistrate , but as the linnen clout or silk to wrap and hide the tormenting pincers of holy-church in . but to return to my observation of all popish canonists themselves , not allowing that wanton mode of the cruel usage and interceding with the magistrate , efficaciter & ex corde , to do the condemned heretic no harm , i think the same quotations mention how the famous panormitan did brand the hypocrisie of that practice : and the truth is , 't is very abominable that heretics neither living nor dying , can be free from suffering shammes by some papists . but again on the other hand 't is with justice to be said , that some papists whose names the age riseth up to , for their great advancement of real learning , i mean peiresk , descartes , gassendus , mersennus , had as much tenderness for any differing in judgment from them as protestants can have : and that mighty hunter after knowledg peiresk was so far from eagerness in pursuing the blood of heretics , that being one of the judges for capital causes in france , he would always come off the bench when sentence of death was to be given , though against the most outragious murderer , and he always carried in his mind a charity large enough to embrace the whole world , and maintain'd a constant correspondence with salmasius , causabon and other protestants , and did put grotius on the writing his de jure belli & pacis , that hath taught more civility to nations than the modern papal christianity hath done , and who hath there so perfectly manumitted secular magistrates from being obliged implicitly to execute the sentences of ecclesiastic judges , that he hath there asserted it l. . c. . § . . quin probabile est etiam carnifici qui damnatum occisurus est hoc tenus aut quaestioni & actis inter fuerit aut ex rei confessione cognita esse debere causae merita ut satis ei constet mortem ab eo commeritam : idque nonnullis in locis observatur , nec aliud spectat lex hebraea cum ad lapidandum eum qui damnatus est testes vult prodire populo . deut. . by the th verse of that chapter the hands of the witnesses were to be first on him to put him to death , which law no doubt had the effect of a caveat with men against their ambitus of the standing office of witnesses by tacking thereunto the standing office of executioners . moreover both common observation and cursory looking into books , and indeed common sense will teach us that the papal principles do not oblige men at once to fence against heretics lives , and against impossibilities , nor to endanger themselves by fighting with the wind-mills in heretics brains . that great cardinal d' ossat whom i have so often here cited , and who was so renown'd for his probity as well as comprehensive knowledg of matters of state , doth in the th letter that is to villeroy in the year . give him an account of his discourse with the pope on the occasion of his holyness angrily resenting harry the ths observing the edict of pacification , and that d' ossat thereupon said , that it was necessary for the peace of france that the edict should be observ'd : that for want of such an edict france had not been quiet for years . that the date of the edict , . shewed 't was not the present king , but the late king years before his death that made it , that the late king and king charles his predecessor and brother , did not make such edicts of pacification with their good liking and frankly , but were constrain'd to it by necessity , even for the good of the catholic religion , and the realm after having found that many wars made by heretics served for nothing but in many places to abolish the catholick religion , and in a manner all ecclesiastical discipline , iustice and order , &c. and that besides that necessity hath no law in whatever subject and matter it be , jesus christ hath taught us in his gospel to tolerate the chaff in our fields , when there was danger of plucking up with it and spoyling the good corn : that other catholick princes used so to do , whom none spoke ill of for it . that the duke of savoy as great a zealot as he makes himself for the catholic religion doth tolerate heretics in their religion , in the three valleys of italy , of which he is lord. that the king of poland did as much not only in the kingdom of sweden but of poland : that all the princes of the house of austria , and who are celebrated for being pillars of the catholic church , did as much not only in the towns of the empire , but also in their own proper estates , as in austria it self from whence they take their name , in hungary , bohemia , moravia , silesia , lusatia , stiria , carinthia , and croatia . that charles the th father of the king of spain was he that taught the king of france and other princes to yield to such a necessity by making the interim ( that every one knows ) even after his having conquered the protestants of germany . that his son the king of spain at this day who is reputed to be archi-catholic , and to uphold the catholic religion as atlas doth the heavens , doth yet tolerate in his kingdoms of valencia and granada the moors with their mahumetanisme , and hath caused to be offered to the heretics of zealand and holland , and other heretics in the low-countries , the free exercise of their pretended religion , if they will for the future acknowledge and obey him , &c. and concludes his discourse to the pope saying , that the kings ablest counsellors were of opinion that if his holyness saw things so near as the king did , and that the pope was to command france in the state the realm was at present , his holyness would not in this point do less than the king did . to all which d' ossat saith , the pope made no reply . and i think it may with parity of reason be affirmed , that if the pope himself were to command england in the state it is in at present , he would be no hammer of heretics so as to knock any one of them on the head . i know that after the date of that letter , viz. anno . of d' ossat's last mentioned , the various revolutions in christendom made the scene of the toleration of heterodoxy in those countries to be altered with a vengeance ; for six years after the death of d' ossat , viz. in the year . king phillip the d of spain made an edict for the exterminating the moors with their mahumetatisme out of his realms , and which was executed with great cruelty ; and the vnion of vtrecht entered by the provinces in , and the blow given to the spanish monarchy by queen elizabeth in , and the patronage the united provinces had from her and the kindness they found from harry the th of france , made his conditional offers of favour to the dutch heretics not thank-worthy , but even at this very day , tho in the low-countries both of the united and spanish provinces there is a certain reciprocal liberty for the papists in the dominions of the states , and for the protestants in the dominions of the spaniard , yet is the liberty not equal : for in the united provinces the states allow the papists a certain number of priests to officiate among them in sacris , which is done by an express concession . but in the spanish dominions there is no such concession , and the ministers who there privately officiate among protestants do it at their peril . and in the year . ferdinand of austria expelled the lutherans out out of his provinces : and in austria , bohemia , moravia , and all the heritable lands of the house of austria , franconia , bavaria , and the upper palatinate , no protestants are permitted to have the publick exercise of their religion : and the effects of the emperor's persecuting the protestants of hungary the world knows and feels , and have with horror gazed on the protestants of transylvania putting themselves under the protection of the turk , that they might enjoy their profession of christianity . and how the bohemians were treated by a jesuited emperor twenty years after i have spoken , when i gave an account of the jesuites emblem painted on the arms of austria , viz. i have practiced . that the duke of savoy practiced nothing of cruelty to his heretical subjects in the valleys about the time , those poor protestants may under god thank their old friend harry the th , who in the year took almost his whole country , after his having been before in a contest with him by way of demand for the marquisat of salusses , and his having applied to the pope to interpose therein , the emperor having likewise demanded that marquisat in right of the empire ; and while that duke was in fear of being fleeced by the pope and emperor , and harry the th , 't is no wonder if he suffered his heretical subjects to graze or sleep in whole skins in the neighbouring valleys of piemont ; but in the year there ran in those valleys such a torrent of protestant blood as did bear away all the dire examples of cruelty before it that history could shew , as appears out of sir samuel morelands history of the churches in those valleys , and book th , and chap. . where in his audience speech as envoy to the duke of savoy in the behalf of the protestants in those valleys , on that sad occasion , he saith , si reviviscant omnes omnium temporum & aetatum nerones ( quod sine ullâ celsitudinis vestrae offensione dictum velim , quemadmodum & nullà ejus culpâ quicquam factum esse credi●us ) puderet prefecto eos : ut qui nihil non mite ac humanum ( ad haec facin●ra si spectas ) excogitasse se reperirent , interim exhorrescunt angeli , mortales obstupescunt , ipsum coelum morientium clamoribus attonitum esse videtur , ipsaque terra diffuso tot hominum innocuorum cruore erubescere . and as for the kingdom of poland , the fear of the turkish power then gave the prince there no leisure to attend squabbles about heresy and heretics : and as for the interest he had in sweden , which too in the year , had a popish king ( as sandys saith in his europae speculum that year writ ) yet were the papists there then ( as he saith ) few , and consequently the heretics too many to be persecuted . the very interim spoke of by d' ossat , or formula inter-religionis as 't was called , was a double bottom of popery and protestancy , and nothing was expected to be its fate but divulsion . alsted in his chronology mentions its date with the words of infaelix partus , and the protestants in constance rather than they would embark in that double bottom , threw themselves overboard into the sea of the power of ferdinand king of the romans and brother of charles , who soon used them not as their protector , but their conqueror : and 't is notorious that the interim was professedly designed to continue only till the council of trents determinations were ended , and 't is likewise as notorious that that council was called designedly and reverâ for the exterminium of heretics ; and its being called ad restituendos collapsos eclesiae mores , was but umbrage and shamme . and what quarter heretics were to expect from the tridentine spirit , father paul hath told us in his history , p. , and that as to the year . advice came to rome that the king of france had made a peace with the hugonots , the particular conditions being not known of yet : and the pope thinking it proceeded from some prelates , who tho they did not openly declare themselves to be protestants , yet did follow that party , he resolved to discover them , and was wont to say he was wronged more by the masqued heretics then by the bare-faced . whereupon the last of march he gave order that the cardinals who governed the inquisition should proceed against them . the cardinal of pisa answering that there was need of proper and special authority , the pope ordain'd that a new bull should be made which was dated the th of april , and contained in substance that the pope being vicar of christ , to whom he hath recommended the feeding of his sheep , and to reduce those that wander , and to bridle with temporal penalties those who cannot be gain'd by admonitions , he hath not since the beginning of his assumption omitted to execute this charge , notwithstanding some bishops are not only fallen into heretical errors but do also favour other heretics opposing the faith . for provision wherein he commands the general inquisitors of rome to whom he hath formerly commended this business to proceed against such , tho bishops and cardinals inhabiting in places where the lutheran sect is potent , with power to cite them to rome by edict , or to the confines of the church to appear personally , or if they will not appear , to proceed to sentence , which he will pronounce in private consistory . the cardinals in conformity to the popes commands cited by edict to appear personally at rome , to purge themselves from imputation of heresie , and of being favourers of heretics , the cardinal of chastillon , the arch-bishop of aix , the bishop of chartres , and other bishops in france . his holyness it seems thought that cardinal and the arch-bishop and the bishops to be protestants in masquerade , and has given an example to some furiosi among protestants thus to miscal some of the better sort of them . in fine that which i aim at by referring to these historical passages is this , to shew that some of the very grandees of the church of rome hold principles in religion that allow indulgence to the persons of heretics . i have instanced how d' ossat in the popes presence was a confessor for moderation in this kind , and spake like a skillful divine when he said , that christ hath taught us in his gospel to tolerate the chaff in our fields , when there was danger of plucking up with it , and spoyling the good corn : and theophylact on that place tells us , that by tares are meant heretics . nor can it be unknown to men of great thought among the papists , that the sanguinary usage of heretics , hath much encreased their number , not perhaps will it be denyed by the critical judges of things in the papal world , what was by one of our beaus esprits and great states-men , i mean the lord viscount falkland observed in print , that the massacre in france made more protestants in one night than all calvins works have done since their first publication . according to that observation , that nothing surfeits soner than man's flesh , 't is but natural to suppose that the papal world must be surfeited with it at last . and indeed the experience popish polititians have had of their success by dividing us formerly ( as was said ) would tempt them to omit other courses and to persist still in that if it were not now generally seen through . 't is in viridi observantiâ how our famous great usurper cromwel who founded his dominion in pretended grace or religion , and was afraid of thunder from every cloud of enthusiasme he saw over his head , and was awed likewise by the serene and rational religion of the church of england , had no other game to play in order to the dividing the several religionary parties but by in some manner tolerating all according to the mode of iulians politics . the papists were the first who miscalled any of our english princes by the name of iulian , and that they did in the case of king iames as appears in his learned apology for the oath of allegiance printed anno . where being much concerned for his being so termed ( and that too by no meaner a man then bellarmine ) he doth with great strength there largely prove that that name was congruous ( as his words are ) in no point save one , that is , that julian was an emperor and i a king : and indeed 't is a very impotent humour of calumny in any protestant to call any one an apostate or especially the apostate , merely for the alteration of his judgment in some controvertible points of faith between papists and protestants , and which are denominable by the name of religion ; and 't is a great folly to cherish immoderate fears that any english prince who possibly may happen in such controvertible points to change his perswasions in religion , will if a papist attempt á la iulian to plant divisions among his subjects by the instrument of religion , for that their being kept undivided and all of a piece will be essential to the life of the kingdom as the state of christendom is likely to continue ; nor is it probable that any such prince can ever think in the single course of his life to make this nation all of a piece or united under the perswasion of popery . for if any one would suppose it possible that in the reigns of three or four successive princes of that perswasion , the nature of things might be so far forced as that millions of men might by artifice be made to abandon a rational religion , and one that is framed to support the government , for one that is not so , such one prince must be supposed to have acquired the gift of long life that ante-diluvian patriarchs had , and to extend the span of his life to that of three or four princes . it is a known rule relating to mathematics , that there is no reconciling time and force , and he who would have one man do as much as four , must allow him to be as long a doing it as four one after another . but the surviving experts have seen too much of the effects of the shaking all civil and ecclesiastical polity by a protestant usurper , ever to wish for another in any case , and to have the ballance of christendom again broken , and the kingdom be again divided to preserve his families interest and to keep that entire , which is notorious to have happen'd under the aforesaid usurper both of religion and the kingdom : and the name of iulian is most properly applicable to him or any protestant usurper , and who will be necessitated to follow him in his track of politics : and the notion of which ammianus marcellinus lib. . set us right in , where he shews that iulian , that he might weaken the power of the christian religion which he feared , knew no way so easie as to endeavour to do it by it self , and therefore recall'd the bishops banish'd by constantius , and gave them and the people leave to be christians tho himself was a heathen , nullas infestas hominibus bestias ut sunt sibi ferales plerique christianorum expertus , i. e. because he had never found beasts so cruel to one another as he had most christians , and therefore as he travelled through palaestine , cryed out , o marcomanni , o quadi , o sarmatae , tandem alios vobis inquietiores inveni . thus did the usurper promote the animosities among religionary parties , and was enforced thereby to weaken the kingdom to strengthen himself : some indulgence he shewed to congregations where divines of the church of england worship god in the way of its church , yet permitting none to have benefices but such as were of the presbyterian perswasion generally , and among such and the independants he distributed his donatives of preferment in the universities , and he took care that no form of church discipline or particular church might preponderate by his being a member therein . he made some lay-men and some divines differing in judgment about presbytery and independency to be tryers of ministers fitness for livings , and commissioned many ignorant lay-men in the several counties to be judges of the sufficiency of ministers , for their continuing in livings . the press was open to all unlearned wranglers about religion . many of his military preferments he placed on anabaptists , and did suffer many of the fifth-monarthy religionaries to disturb the apocolypse and the world thereby , gave freedom to muggleton the impostor to set up for a prophet , and one of the two witnesses , and was a particular patron to manasseth ben israel , and in treaty with him here to introduce the iews , and tolerated biddels congregated church of socinians , further likewise so far giving an occasion to mr. marvels writing a book then of the growth of popery , that mr. pryn in his book called , a true and perfect narrative of what was done , &c. printed in the year . saith in p. th , that sir kenelm digby was his particular favourite , and lodged by him at white-hall , that maurice conry provincial of the franciscans in england , and other priests had his protections under hand and seal , and that he suspended penal laws and executions against popish priests and iesuites , tho sometimes taken in their pontificalibus at mass , and were soon after released , and that he endeavoured to stop the bill against papists the very morning he was to pass it , by his white-hall - instruments , who moved its suspension for a time , as not suting with the then present forraign correspondencies , against whom it was carried by votes , that it should be sent up with the rest then passed , and that he writ to mazarine to excuse his passing that bill as being carried on by a violent presbyterian party much against his will , and that yet it should not hurt them tho passed , &c. and i suppose an author more profound in his observations than mr. pryn , doth in a loyal pamphlet printed in the year . called a letter from a true and lawful member of parliament , &c ( and generally conceived to be writ by the late lord hollis ) there in p. . and the following ones charge cromwel home for the swarming of the iesuites then in england , and transforming themselves into several shapes among the divided sects here , and saith , what liberty the priests and iesuites take , how far they prevail on the people , what countenance they receive from this government is apparent enough by not proceeding against them in iustice , as if no laws were in force for their punishment . your private negotiations with the pope and your promises that as soon as you can ●stablish your own greatness , you will protect the catholics and the insinuations that you will countenance them much further , are sufficiently known and understood : and of their dependance upon and devotion to you , there needs no evidence beyond the book lately written by mr. white a romish priest , and dedicated to your favourite sir kenelm digby , entitled , the grounds of obedience and government , in which he justifies all the grounds and maximes in your declaration , and determines positively that you ought to be so far from performing any promise or observing any oath that you have taken if you know that it is for the good of the people that you break it , albeit they foreseeing all that you now see , did therefore bind you by oath not to do it , and that you offend both against your oath and fidelity to the people if you maintain those limitations you 〈◊〉 sworn to , and sure what you do must be supported by such casuists . and afterwards speaks how cromwel in distrust of the whole english nation was treating to bring over a body of swiss to serve him as the ianisaries do the turk . the declaration here referred to was cromwels declaration of october , anno , and which was supposed to have been worded by his lord keeper fiennes , wherein all the measures of justice toward the cavaliers , and particularly the public faith of the parliament , for the punctual and exact performance of articles with them after the vast gain that had accrued to the parliament by their compositions , and an act of grace and oblivion afterward granted to the royal party , are avowedly broken : and in p. . of that declaration , 't is said , if the supreme magistrate were tyed up to the ordinary rules and had not liberty to proceed upon the illustrations of reason , against those who are continually suspected , there would be wanting in such a state , the means of common safety , &c. and before in p. , and . the iesuites are out-done as to the keeping of no faith with heretics , by the asserting in effect in general , that nulla fides est servanda , and the humour of pope paul the th is repeated , who as the author of the history of the council of trent tells us , declared it in the consistory , that 't was heresie to say the pope can bind himself . and we are assured out of mr. peter walsh his history and vindication of the irish remonstrance , that edmund reilly the titular popish primate of ireland , who at a public dinner boasted that he never had been friend or well wisher to the king and his two brothers and the duke of ormond , did yet write precepts under his seal to all the province of armagh to pray for the health , establishment , and prosperity of cromwell protector and his government . more need not be said of the danger of popery and arbitrary power to the nation , if god and man had not hindered lamberts usurpation over it . i have mention'd how some of the plot-winesses have deposed somewhat thereof : and some of his countrymen have in discourse affirm'd his having been there a fautor of papists : and my self observing it to a worthy gentleman of yorkshire , that one of the popish lords in the tower did in february , pass a grant from the crown of several mannors in yorkshire forfeited by the attainder of iohn lambert , he averr'd to me that lamberts son enjoys that estate at this day . it had been just for the almighty to have punished the extravagance of the fears and jealousies that reigned in the time of the royal martyr about his not being a protestant ( a character of religion he had constantly own'd in the view of the world , both by his publick devotions and alliances , and particularly that with holland which chiefly his zeal for that religion made him to ensure by the marriage of his daughter with the prince of orange , in the time that the war between the crown of spain and the states was depending ) by permitting a private gentleman whose name perhaps had not come to public knowledg but for the figure he made in illegal arms , so far to march with his religion undiscern'd through the quarters of all the gathered churches and the classical ones too , that he deceived in that point so many that called themselves the very elect , and who were as well vers'd in the business of all religions as iews are in coines and in the way of adulterating them , and who after that religion had always been the staple commodity of england as much as wooll , did almost nothing else but weave and dye and tenter the same with all subtilty of art possible to them : and as the israelites marched out of egypt without the farewel of a dogs barking at them , we were then near the point of being driven back to egypt , to civil and spiritual slavery without the least ●arm given us by any of our best and deep mouth'd dogs against popery . but the extreme danger to protestancy from that intended usurpation hath been long since over ; nor do i expect that any fatality of that kind can ever happen to it from any prince of the right line , how much a papist soever he may be , that is to say , from one who was swathed with the laws in his cradle , and will be circumscribed with them in his crown . according to that great severe truth i observed before of the fate of the ten tribes , after they had made a defection from the line of david , that they were punished with a succession of kings , and not one ' good one in the whole pack , and their falling at last as a prey to forraigners , it was the lot of england justly to suffer what has been here described , from various governments and governors for its defection from the royal line , and the experience of our disastrous past calamities must needs convince all men of serious thought and sense , that we can have no usurper how true a religion soever he may own , but will be false to the interest of the nation , and that particularly by diving it , and thereby as much depretiating it in the view of all christendom , as a great diamond would be if cut in two : for tho diamonds or pearles be equal and like in their figures , waters , colours , and evenness , yet if they differ in their weights and magnitudes , those are the roots of their prices , and a diamond of decuple weight is of centuple value . i therefore think the kings loyal long parliament did consult the public security when in the great act of the test they enjoyn'd the taking the oaths of allegiance and supremacy , and thereby the laying on the takers an obligation to the kings heirs and successors , that was to outlast the life of the king , and without any distinction of the religion true or pretended of such heirs and successors . of the obligation to the kings heirs and successors arising from those oaths , mr. pryn in his concordia discors , printed in the year . hath writ usefully : but because since the time of the late fermentation , many pamphlets have been writ pro and c●n of the political part of the question relating to a popish successor , and none that i have heard of has professedly writ of the casuistical part thereof , and particularly with relation to those oaths , and because i have heard that in some discourse about the same in some good company where the obligation by those oaths to the kings heirs in point of conscience hath been asserted , some good men have been blundered but of their apprehending the same , by mistaking the saying in the civil-law , that nemo est haeres viventis , and likewise some things obvious in the common-law , and i did fear that it might thence grow a common and vulgar error that there is no such obligation resulting from those oaths , and that as a supine neglect of the use of means to find the true sence of the same , would be very culpable , so that a serious and dispassionate representing the same would to all men that regard the weight of an oath , be very acceptable , i have with as much recollection of th●ught as i could fai●ly and impartially writ my opinion thereof casuistically , and shall very shortly send it your lordship for your perusal . and indeed as i should not think i dealt candidly with any person of the popish perswasion if i should be severe to him , before i had a moral certainty of his having imbibed any of the principles imputable to popery , that may be called unmoral or inhumane , so it would especially seem to me somewhat like the drawing on a naked man , for a protestant at this time to write for the devesting any popish prince of his legal property , when few or no writers of the church of rome either do , or dare , for fear of offending the pope , draw their pens for the preservation of such his property , without respect to any religionary tenets he may hold . what the pope did to obstruct king iames's succession , i have mentioned , and what favour any protestant prince can hope for from the holy see , may appear out of d' ossat's letter to villeroy in the year . book th , where having spoke of the artifices used to the pope to make him believe , that if harry the th recovered the marquisate of salusium , it would be commanded by hugonots , he thereupon adviseth the king to declare the contrary to the pope and adds , i would not interpose to write this to you , if i did not know that the pope and all this court hold that to maintain the catholic religion in a country , and to preserve it from heresie , his holyness may and ought to deprive the true lord and possessor of it , and give it away to any other who hath no property therein , and who shall be more able and willing there to preserve the catholic faith. i met with some passages lately in a pamphlet , that concerned the succession , where the author having liberally descanted on the words heirs and successors , in the oaths of allegiance and supremacy , saith , as i will not take up arms without the kings commission , nor enter into any association to commence in his life time against his consent , &c. so any one by whom or for whom any resignation of his majesties power shall be extorted shall not reign over me : and there was another very course expression there applyed to a very fine person , and one so every way truly great that every age doth not produce viz. that the house of commons conned little thanks to george earl of hallifax , &c. but according to the licence of speech used by that author , i shall venture to declare that where ever i have a suffrage in the choice of a parliament-man , if any candidate shall tell me that he served in the place before and was for an exclusion bill , rather then the kings offers , and without advising with his country would have any one of the royal line secluded from his title to the throne , on the account of any religionary tenet ( for our english antiquities afford footsteps of parliament-men on some weighty matters , consulting their towns or counties that chose them ) such a one if i can help it , shall never represent me : and moreover he who doth not with acknowledgments of honour and gratitude to the earl of hallifax , mention that bill that he brought into the house of lords , in order to the extermination of popery , that i spake of before , and with it lodged in our statute book , that man if i can help it shall never represent me . i am not so rash in my efforts against future time as perhaps that author was , and can cite a great name for the reasonableness of representatives advising with those they represent in matters of great moment to the state , and to this purpose the lord viscount fal●land secretary of state , in a printed draught of a speech concerning episcopacy , &c. saith p. . mr. speaker , tho we are trusted by those that sent us in cases wherein their opinions were unknown , yet truely if i knew the opinion of the major part of my town , i doubt whether 't were the intention of those that trusted me that i should follow my own opinion against theirs , and thereupon his lordship advised the house of commons not to do any thing against episcopacy , and at least to stay till the next session , and consult more particularly with their electors about it . and if according to the example of that great man any of our contenders against popery had thought fit to consult with those they represented , about the meeting those royal and frank offers with hearty embraces , they would perhaps have found the generality of those they represented , zealous for their so doing : and if they that perhaps with a well intended gallantry of courage and scorn of popery , threw out the bills that came from the lords in the year , should ask those they represented if they do not now wish those bills had then passed into laws , i believe they would say , they did : and if they were asked whether that bill i mentioned before that was brought in by the earl of hallifax had not likewise passed into a law , i believe they would wish it had . i presume not to inveigh against any of our late loyal parliaments whatever slips in politics were by any there made , or arbitrary votes there passed against particular persons , and am as impatient when i hear any inveigh against our representatives who in the contention of popery exerted all the strength of the faculties of their minds what ever errors they fell into , as i should be if i heard any principal speak unkindly of his second , who contending for him in loco lubrico , or fencing on the ice did slip , and shall be as apt as any to wish and hope that now such have consulted with their country as the agonothetae , and know their opinions better then formerly , that they will take other measures ; and especially when they see the present state of christendom importuning us to be quiet more then formerly , and thus in the old agnonistic games many of the lapsi athletae came to be crown'd . the rule in those games was that the agonists were to make three attaques on each other , and he that did slip or go back in the first and second , if yet he overcame in the third on-set was lawfully crown'd , and good luck ( say i ) have they with their honour , who having an opportunity of a third assault against popery , shall out-do not only others but themselves : and i have the charity to believe that what the great athletae did in the exclusion bill was thought lawful by them , and that they thought therein they did not transilire metas . and 't is but with justice that the generality of the people of england seem as agonothetae to have judged of the temper of our prince in this religionary certamen : and i believe whatever time can cause , that yet among all composed and sedate minds , his majesties deportment in the late conjuncture will never happen to be forgot , and particularly his wrestling with his parliaments ( as i may say ) by several gracious offers and messages relating to the security of the protestant religion , and to the making of english men everlasting comprehensors of the same . he notified it to them by the lord chancellor on march the th . that this is the time to secure religion at home and strengthen it from abroad , by strengthening the interests of all the protestants in europe , &c. the results of this council seem to be decisive of the fate of this kingdom , &c. and i must confess i wish that tempus acceptabile ( as i call'd it before ) had been accepted of , that great critical moment of time when the curious needed no intelligence from that oracular states-man of the measures taken abroad to extirpate protestancy , and when its enemies in some countries thought they had the life of that religion as sure within their gripe as he had that of the bird , when out-braving the oracle , he ask'd if the bird in the hand were dead or alive , and when all his majesties real acceptable offers were thus reiterated to all the noble contenders , and offered like the water of life to prevent their fainting in their race , and that without money and without price . and because his majesties title hath appear'd as due to his agonists crown as to his inheritable royal one , for having in the several periods of his life at home and abroad contended so earnestly for the protestant faith , and purchased an immunity from envy it self ( and that according to the right of that law in the code , that restrains the obtaining of immunities only to such a one who hath striven per omnem aetatem , cum coaevis , and hath to the athlotletae given proof of his valour from his youth , and who hath at least in tribus agonibus been conqueror ) i think the rather that a crown of iustice is laid up for him both in time and in eternity for his preserving the property of his line , in some of those his earnest messages aforesaid , and for that he did not by the infringing the legal rights of that ( as i may say ) transilire lineas , or by doing any thing of the justice whereof he doubted and much more of the injustice whereof he was fully convinced . as the figure of a crown must be entire , so must every good action consist of entire causes that is to be rewarded with it : and any prince who doth deliberate of the doing a thing in it self unjust has need of the caution given to the angel of the church in philadelphia , hold fast that which thou hast , that no man take away thy crown : and indeed for a monarch to do an act of injustice is a greater misfortune to him than to be deposed , the latter being but the evil of punishment , and the former of sin . i reading lately in klockius de aerario was ashamed to see the . summarium of chap. th , book d , to be this , viz. a iustitiâ licite in parvis subinde variariut in majoribus inviolata sit : and ashamed to find in that chapter tacitus quoted by him for it , and saying , habet aliquid ex iniquo omne magnum exemplum , and plutarch cited for saying , a justitia in parvis rebus nonnunquam abeas , si salvam eam voles in magnis . but honest cicero tells us better things , and that , nihil honestum esse potest quod justitiâ vacat ; and the christian morallity i am sure prohibits the doing of one unlawful act , tho the effect of it would be the restoring the whole creation in integrum to its first state in paradice , and it enjoyns the fortitude of not fearing those that kill the body , but are not able to kill the soul , as our saviours words are in st. math. . . and where he doth not say , fear not those that can kill the body , but who do actually and frequently kill the body : but are not able to kill the soul , implying that unjust men often labour to do that , and would do it if they could , and their cursed sollicitude therein is not capable of being practised more then by endeavouring to prevail on men by fear of imminent bodily danger to warp from principles of justice , and the scripture doth annex the crown of life to the condition of being faithful unto death , and to not fearing the things to be suffered , as 't is said in rev. . . the ominous text preached on at the coronation of the royal martyr . and as it is a saying that must is for the king , so he that rules over men must be just , ruling in the fear of god , as part of the last words of king david assures us , and must not by fear of man do any unjust thing that would imply his intermitting the filial fear of heaven , which is justly punished by being abandon'd to the servile fear of man , and to that fear bringing a snare ( as that kings son hath in his proverbs told us ) and when otherwise he might have made his own wrath as the roaring of a lion as solomons words are . and 't is when exact justice is as it should be fixed in the firmament of a princes mind , that its brightness is above being ecclipsed by any popular temptations or fears , that it resembles the fixt stars whose great height dazles the eyes of gazers and which stars cannot be eclipsed by the shaddow of the whole earth . the populace and their multitudes and commotions are in the scripture frequently compared to water and the sea , and like that , they are apt to be eating towards the roots of the powers of soveraigns ; but while the mountains of their power are bottom'd on natural justice , all the preying of the sea of the people there makes but the promontory more surely guarded , and appear more majestic as well as be more inaccessible . and of this sea of the peoples as i would wish every prince in the just observance of the municipal laws of his country to espouse the interest as much as the duke of venice doth his adriatic , yet should i see one for fear of popular envy or obloquy forbearing to administer iustice , and to follow the real last dictates of his practical understanding rightly informed and servily giving up himself to obey any mens pretended ones , i should think it to be as extravagant a madness as hydrophoby , or fear of water , on the biting of a mad dog ; and while a sovereign observes the immutable principles of justice , he may acquiesce in the results of providence , and expect that the troubling of the waters may be like that of the angel before the time of healing , or a conjuncture of the peoples being possessed of healing principles : and in fine , a king when he finds the waters of popular discontent more tumultuous by religionary parties as two seas meeting , as for example , papists and presbyterians , he may depend on his being near land , that being always near where two seas meet : and let every prince be assured that 't is not only popery but atheisme in masquerade to do an unjust act to support religion . i know that it hath been incident to some good men to strain pretences beyond the nature of things for justice causes of war abroad in the world to advance the protestant religion . and thus in the last age , the crown and populace of england being clutter'd with the affair of the palatinate , the prince palatine had here many well-wishers to his title for the bohemian crown : and rushworth tells us in his st vol. ann. . that he being elected king of bohemia craved advice of his father in law the king of great brittain , touching the acceptation of that royal dignity : and that when this affair was debated in the kings council , arch-bishop abbot whose infirmity would not suffer him to be present at the consultation , wrote his mind to sir r. nauton the kings secretary , viz. that god had set up this prince his majesties son in law as a mark of honour throughout all christendome to propagate the gospel , and protect the oppressed . that for his own part he dares not but give advice to follow where god leads , apprehending the work of god in this and that of hungary : that by the p●ece and peece the kings of the earth that gave their power to the beast shall leave the whore , and make her desolate , that he was satisfied in conscience that the bohemians had just cause to reject that proud and bloody man who had taken a course to make that kingdom not elective in taking it by donation of another , &c. and concludes , let all our spirits be gathered up to animate this business , that the world may take notice that we are awake when god calls . rushworth saith , that king iames disavowed the act of his accepting that crown , and would never grace his son in law with the style of his new dignity . and in king charles the firsts time , in the common-prayer relating to the royal family , the prayer runs for frederick prince palatine of the rhine , and the lady elizabeth his wife : yet in the assemblies directory afterward as to the prayer for the royal family , that lady elizabeth is styled queen of bohemia . but our princes not being satisfied , it seems that the palatine of the rhine had a just title to the bohemian crown , thought it not just for them to assert it . however , that arch-bishop abbot , the achilles of the protestants here in his generation , thought that the english crown ought to descend in its true line of succession whatever profession of religion any member thereof should own , appears out of mr. pryns introduction to the history of the arch bishop of canterburies tryal , where having in p. . mentioned the articles sent by king iames to his embassador in spain in order to the match with the infanta , and that one was , that the children of this marriage shall no way be compelled or constrained in point of conscience of religion , wherefore there is no doubt that their title shall be prejudiced in case it should please god that they should prove catholicks , and in p. . cited the same in latin out of the french mercury , tom. . as offered from england , quod liberi ex hoc matrimonio oriundi non cogentur neque compellentur in causâ religionis vel conscientiae , neque leges contra catholicos attingent illos , & in casu siquis eorum fuerit catholicus , non ob hoc perdet jus successionis in regna & dominia magnae britanniae , and afterward in p. . mentioned it as an additional article offer'd from england , that the king of great brittain and prince of wales should bind themselves by oath for the observance of the articles , and that the privy council should sign the same under their hands , &c. he in p. . mentions arch-bishop abbots among other privy-counsellers accordingly signing those articles , and further in p. . mentions the oath of the privy-council for the observance of those articles as far as lay in them : and had before given an account not only of arch-bishop abbots , but of other magna nomina of the clergy and layety in the council that signed the same , and particularly of john bishop of lincoln keeper of the great seal , lionel earl of middlesex lord high treasurer of england , henry viscount mandevile lord president of the council , edward earl of worcester lord privy-seal , lewis duke of richmond and lennox lord high steward of the houshold , james marquess of hamilton , james earl of carlile , lancelot bishop of winchester , oliver viscount grandison , arthur baron chichester of belfast lord treasurer of ireland , sir thomas edmonds kt. treasurer of the houshold , sir john suckling ▪ comptroller of the houshold , sir george calvert and sir edward conway principal secretaries of state , sir richard weston chancellor of the exchequer , sir julius caesar master of the rolls , who had done the same . mr. pryn afterward in p. . having mentioned the dissolution of the spanish match , gives an account of the bringing on the marriage with france , and saith , it was concluded in the life of king james , the articles concerning religion being the same almost verbatim , with those formerly agreed on in the spanish treaty , and so easily condescended to without much debate : and referreth there to the rot. tractationis & ratificationis matrimonii inter dom. carolum regem & dom. henrettam mariam sororem regis franc. car. in the rolls . the demagogues of the old long parliament who made such loud out-cries of the danger of popery here and of their strenuous endeavours to free the kingdom from it , had nothing in their famous propositions to bar the right of any heir to the crown for the being a papist . the exact collections afford many instances of their declaring , that they would provide for the greatness of his majesty and his royal posterity in future times , and in which there was no proviso respecting any religionary tenets they should profess . it appears in mr. pryns memorable speech in that house of commons on monday the th of december , . touching the kings answers to the propositions of both houses , whether they were satisfactory or not in the isle of wight treaty , that that parliament that was concern'd for the saving of their own credit as well as the souls of the people to make that treaty to end with the extermination of popery from england , did not in the application of the most proper means for that purpose , judge the debarring any popish prince here from his inheritance of the crown any proper , or necessary one . for in p. . of that speech ' t is said , as to any danger to our church from religion there is as good security and provision granted us by the king , as we did or could desire even in our own terms . first , he hath fully consented to pass an act for the more effectual disabling of iesuites , papists and popish recusants from disturbing the state and deluding the laws , and for the prescribing of a new oath for the more speedy discovery and conviction of recusants . secondly , to an act of parliament for the education of the children of papists by protestants in the protestant religion . thirdly , to an act for the due levying the penalties against recusants , and disposing of them as both houses shall appoint . fourthly , to an act whereby the practices of the papists against the state may be prevented , the laws against them duely executed , and a stricter course taken to prevent the saying or hearing of mass in the court or any other part of the kingdom : whereby it is made treason for any priests to say mass in the court or queens own chappel . fifthly , to an act for abolishing all innovations , popish superstitions , ceremonies , altars , rayles , crucifixes , images , pictures , copes , crosses , surplices , vestments , bowings at the name of jesus or toward the altar , &c. by all which acts added to our former laws against recusants , i dare affirm we have far better provision and security against papists , iesuites , popish recusants , &c for our churches and religions safety and states too , then any protestant church , state and kingdom whatsoever : so as we need not fear any future danger from papists or popery if we be careful to see those concessions duely put in execution , when turned into acts , and our former laws . and afterward in that speech p. . he shews how dear the kings consenting to pass five such acts cost him : for saith he , the iesuites understanding that the king beyond and contrary to their expectation hath granted all or most of our propositions in the isle of wight , and fully condescended to five new bills for the extirpation of mass , popery and popish innovations ●ut of his dominions and putting all laws in execution against them , and for a speedier discovery and conviction of them then formerly , &c are so inraged with the king and so inexorably incensed against him ( as i am credibly informed ) that now they are mad against him and thirst for nothing but his blood. mr. pryn had mentioned in that speech before , that some jesuites and jesuited agitators had engaged the army to dissolve that treaty with the king : and 't is no wonder if that prying order who knew the kings aversion to popery , as well as the most stupid of his enemies did when they saw him consenting to pass five such bills , was the more brisk in executing its designs against him , and that as mr. pryn saith in his perfect narrative , a priest present at the kings death flourished his sword with an exclamation , that now the greatest enemy we had in the world was gone . but this by the way . i had not mentioned how dear the consenting to those bills that would have been so fatal to popery and have prevented the phrase of its growth from being used at this time of day , but that some persons not vers'd in the passages of those evil days , seem to think that there was nothing of religion to support that kings title to martyrdom , but what concern'd his adhesion to episcopacy and its revenue . in the very solemn league and covenant its takers declared , they had before their eyes the honour and happiness of the kings majesty and his posterity . and i have seen a printed paper of the presbyterian divines of one of the associations in the late times , wherein they do expresly affirm and argue it that any of the royal posterity here ought not to be debarr'd from their hereditary right to the crown , by being either papists or idolaters . if we look so far back as the great conjuncture in the beginning of king iames ' s reign , namely in the year . we shall find that there was then a paper before mentioned published in print called a protestation of the kings supremacy made by the nonconforming ministers which were suspended or deprived that year , and that the first paragraph or tenet in that protestation is this , we hold and maintain the same authority and supremacy in all causes and over all persons civil and ecclesiastical , granted by statute to queen elizabeth , and expressed and declared in the book of advertisements and injunctions and in master bilson against the iesuites , to be due in full and ample manner ( without any limitation or qualification ) to the king and his heirs and successors for ever , &c. and the th paragraph in that protestation ( part whereof i have before recited ) is , viz. we hold that though the kings of this realm were no members of the church but very infidels , yea and persecutors of the truth , that yet those churches that shall be gathered together within these dominions , ought to acknowledge and yield the same supremacy to them . and that the same is not tyed to their faith and christianity , but to their very crown , from which no subject or subjects have power to separate or disjoyn it . and in the th paragraph they say , that if the king subjecting himself to spiritual guides and governors shall afterward refuse to be governed and guided by them , according to the word of god , and living in notorious sin without repentance , shall willfully contemn and despise all their holy and religious censures , that then these governors are to refuse to administer the holy things of god to him and to leave him to himself , ond to the secret iudgment of god , and wholy to resign and give over that spiritual charge and tuition over him , which by calling from god and the king they did undertake . and more then this they may not do . and after all this we hold that he still retaineth and ought to retain entirely and solidly , all that aforesaid supreme power and authority over the churches of this dominion , in as ample a manner as if he were the most christian prince in the world. if therefore any shall think it reasonable to pronounce that the substantial interest of protestancy , and of the kingdom doth stare moribus antiquis virisque , i have pointed them to arch-bishop abbot , to bishop andrews the antagonist to bellarmine ( under the weight of whose arguments bellarmine fell in the certamen ) and to others of our old counsellors of state , and particularly arthur baron chichester of belfast , lord treasurer of ireland , your lordships noble god-father , ( in comparison of many of whom when we look on some of our great politic and protestant-would-be's of this age , and who would let none be protestants but themselves , we may well cry out , in qualem paulatim fluximus urbem ) and have shewn how those great confessors by their overt acts provided against the belief of the doctrine of popery , without the barring any of the royal line from the inheriting the crown . and when i see some of our ( till of late ) unheard of statists so eager to dispossess the land of the evil spirit of popery by illegal means , and the use of the great name of protestancy as a spell , i fancy to my self that they may be call'd on by it , as the iewish exorcits were in the acts of the apostles , who taking on them to call over them which had evil spirits , the name of the lord iesus , saying we adjure you by iesus whom paul preacheth , the evil spirit answered and said , jesus i know , and paul i know , but who are ye ? thus to any who shall say that there is no way possible to secure english mens continuing protestants , but by breaking in on the succession in the right line , may it be returned by popery , the old protestants of the church of england i know , and the old nonconformist protestants , and the old covenanting presbyterian protestants i know , who knew otherwise to secure protestancy , and likewise the french protestants i know , who never practised any out-rage against the great harry the th of france's government after he had left protestancy , but who are ye ? the truth is , the protestants in france so vastly numerous in his time ( which any one may imagine , who considers that the most careful thinking men in that realm make them now to be two millions , and that a judicious french author hath writ , that the iesuites have lately computed them to be above a million and a half ) have shewn the world a great example of their protestant loyalty in that they were ready as chearfully to obey their prince when he was a papist , as when they served him in set battles against the power of the holy league , and the majority of his nobles , and of his metropolis , and of the chief cittadels in his realm . after they saw him go to mass , they never call'd him iulian , or lampoon'd him in hymns , or demurred to his beard , or had any fears or jealousies of his touching a hair of their heads , nor threatned him that the galilean would foil him : and no language could have more truly expressed their sentiments then that of the famous pierre du moulin in his defence of the faith , nous sommes prests d' exposer nos vies pour la defence de nos rois , contre qui que ce soit , fust-il de nostre religion . quiconque feroit autrement , ne defendroit point la religion , mais serviroit son ambition , & attireroit un grand blame sur la verite de l' evangile . i. e. we are ready to expose our lives for the defence of our kings against whomsoever it be , although of our own religion . and whosoever should do otherwise , should not defend religion , but serve his own ambition , and would draw a great reproach on the truth of the gospel . considering the indeleble character of hary the ths protestant good nature , his subjects of that religion did prepare their thoughts to be lachrymists for him , rather then themselves , and knew that by his coversion to popery , if in this life only he had hopes , he was of all men most miserable , and that his absolution left him only in the state of a crown'd victime . i have before mentioned the apology for that scholar of the jesuites iohn chastel , which endeavours to prove that harry the th was by that assassin not only wounded very fairly according to the language of the brothers of the blade , but in the style of their honour according to the iesuites morals very heroically , and as the contents of cap. . part. d , of the apology expresses it , actus castelli heroicus est in substantiâ suâ . he moreover tells us in plain terms part. . cap. . that excommunicatio quae ●b haeresim irrogatur , remedium potius est ecclesiae quam excommunicato , &c. and that excommunication for heresie doth quite take away any regal right ; and in cap. . before mentioned , ( viz. neque etiam à papa absolutus rex esse potest ) he asketh , quod si quaeratur quid ergo absolutio praestet , si jus amissum non redeat ? and it followeth , quòd si absolutus impaenitens existat , effectus alius non foret , quam is de quo supra , ita si ( quod deus velit ) paenitentia foret vera , certe effectus propterea non exig●us esset futurus : utpote in spiritualibus , remittendo illum in ecclesiae gremium , & regni caelorum capacem reddendo : temporalium vero respectu , quicquid illa operari posset , foret ad reddendum eum compotem novi juris , & per electionem auferendo impedimentum in foro fori : quo durante is ille esse non posset . and then he saith , the pope cannot confer such new right to the same kingdom on him , for that it depends not simply on the power of the keys so to do , and in fine , makes the right to the crown irrevocably devolv'd on the next person capable who has a right to it , quum ( saith he ) ratum sit inter jurisconsultos , incapacem haberi ut mortuum , & non impedire sequentes . in the d chapter of the d part namely , that henry of bourbon cannot be called king by reason of his pretended conversion , the vile apologist derides the conversion of this great king , and labours to prove by fifteen instances , that after his conversion he did favour the cause of heresy more then ever , and particularly by his observance of his leagues and agreements with the queen of england and other hereticks , ut experientia ( saith he ) per novas ejus actiones locupletissime testatur . etenim primò faederum pacta cum haereticis sarta tectaque servat : quibus ut hactenus nondum renunciavit , ita neque dum renunciare cogitat . secundò ipsi haeritici in germaniâ , genevae & alibi ejus actiones comprobant . tertio contemnit catholicos & promovet haereticos : illos repudiat atque rejicit , hos verò muneribus honorat amplissimis & augustissimis in toto regno , & alibi tum bello , tum pace , &c. quartò consilium suum è puris putis haereticis stabilit , &c. so that after he had with st. peter denied his lord , the followers of st. peter's pretended successor , call'd him in effect a galilean , and said that the speech of his actions bewrayed him ; and after his absolution he continued in effect , what the pope styled him in his bull of excommunication , filius ●rae , and after as a prodigal having fed among heretical swine , he returned to his romish ghostly fathers house , and had cryed , peccavi , and abjured , and his father had compassion on him , he experimented the contrary to , for this my son was dead and is alive again , and himself was the fatted calf that was slain ; and so much wantonness was shewed by the contrivers of his dire fate , that gassendus in his life of peiresk , book d shews how in the beginning of the year . an almanack or yearly prognostication was brought out of spain , in which the accidents of harry the ths death were foretold , and that it was sent to his majesty to read , who slighted it , as gassandus did likewise all judicial astrology , but yet supposed that the figure-flinger might possibly be acquainted with the plot against that kings life : and saith , sure i am it could not be perfectly conceal'd either in spain or italy : for even the kings ambassadors and particularly the most excellent johannes bochartus lord of champigny then agent at venice , had already preadvertised his majesty thereof : and it was sufficiently proved that all the sea-faring men of marseilles who for two months before came from spain , brought word that there was a report spread abroad in spain , that the king of france was already or should be killed by a sword or knife . poor harry the th ! he who while a protestant had dominion over his own stars , and his enemies stars too ( for they were his enemies who made him first be call'd great , and their designing to ruine him by embroiling france in civil wars ▪ tended to the advancement of his interest and his glory , and the artifices by which they thought to have chased him out of guyen brought him into the heart of france , and their former by unjustifiable practices urging the king his predecessor , to have prosecuted him with more violence then he had done , were the causes of his being reconciled to that king ) and who then in the most dark and stormy night of his affairs never wanted that illumination from above , which was like a star to him , and not only a sign of fairer weather , but a mark of direction in the foul , and which would have furnished his portraiture in story with another guess star than that usually engraved on coesars image , and which by its blazing seven days ore the games consercrated to coesar by augustus , did make him inter divos , and did awe the world as being thought his soul which vouchsafed from heaven to visit it with its lustre , this harry the th , was at last grown the ludibrium of star-gazers . and if any one shall say that franciscus de verona constantinus the author of the apology for chastel , was not a voucher good enough for the spreading the belief of the doctrine , that heretical princes by their absolution from the pope are not restored to their regal rights , let him consult the great thuanus and he will find that in his book , and on the year ( where he gives an account of the gun-powder treason here ) he saith that the conspirators therein , ante omnia conscientiam instruunt , eâque instructâ ad facinus audendum obfirmant animum : sic autem à theologis suis disserebatur . that hereticks are yearly excommunicated by the pope in the bulla coenae , and are ipso facto , fallen into the punishment of the law , and that thence it followeth that christian kings if they fall into heresy , may be deposed , and their subjects released immediately from their princes dominion , nec jus illud recuperare posse , etiamsi ecclesiae reconcilentur . ecclesiam communem omnium parentem cum nemini ad eam redeunti claudere gremium cum dicitur , adhibitâ distinctione interpretandum esse , modo non ( it ad damnum & periculum ecclesiae . nam id verum esse quoad animam , non quoad regnum . nec solum ad principes hac labe infectos paenam extendi , sed etiam ad eorum filios qui à regni successione ob vitium paternum pelluntur : haeresim quippe lepram , & morbum haereditarium esse , atque ut disertius res exprimatur , regnum amittere qui romanam religionem deserit , diris illum devoveri , nec unquam ipsum aut illius posteros in regnum restitui : quoad animam à solo pontifice posse absolvi . his se rationibus cum satis tutos intus existimarent , munimenta externa conjurationi quaerere coeperunt &c. ita ad facinus non solum licitum & laudabile , verum etiam meritorium à theologis suis auctorati accesserunt . they thought it seems that by the authority of the doctrines of those divines they might blow up the king and three estates with gun-powder very fairly . it is a thing that cannot have escaped your lordships curious observation , that both the nonconformists and papists were sturdy petitioners to king iames in the beginning of his reign , that he would be a fautor to them and their hypotheses . in april in the year , a petition was presented to him call'd , the humble petition of the ministers of the church of england , desiring reformation of certain ceremonies and abuses of the church , and there they particularly desire , that ministers may not be urged to subscribe but according to the law , to the articles of religion and the kings supremacy only , and that none migat be excommunicated without the consent of his pastor , and therein they complain of ministers being suspended , silenced , disgraced , imprisoned for mens traditions . this petition was commonly called the millenary petition , the petitioners averring themselves to be more then a thousand : and an animadverting answer was made to the same by the vice-chancellor and doctors , and proctors , and heads of houses in the vniversity of oxford , and printed in the year . methinks a humble petition with a thousand hands is a kind of contradictio in adjecto . but the vniversity in their animadversions on the petition do observe that the two contrary factions of papists and puritans did shew themselves by their petitions discontented with the present state and ecclesiastical government . they mention particulars as parallels wherein their petitions agreed and resemble them to samsons foxes , &c. i had occasion before to mention to your lordship the supplication of the papists to king james , that was contemporary with that of the puritans , and printed too in the same year ; and tho i remember not any of our historians to have given the world an account of that memorable petition , yet the impartial thuanus doth it : and in book . and on the year . going to relate the history of the gun-powder treason , he saith , ad libellum supplicem pro libertate conscientiarum à majorum religioni addictis ( i. e. the papists ) in proximis comitiis oblatum , & à rege rejectum , fama erat , alium his proximis , quae jam aliquoties dilata erant , porrectum iri , qui non repulsae ut prior , periculum , sed concessionis vel ab invito ext●rquendae necessitatem adjunctam haberet . itaque qui regni negotia sub principe generoso ac minime suspicioso procurabant , nihil pejus veriti in eo laborabant ut petitiones & iis adjunctam necessitatem eluderent . verum non de gratiâ , de quâ desperabatur decimò obtinendâ , sed de repulsâ illà vel cum regni exitio , quod minime rebantur illi , inter conjuratos agebatur . and as to the puritans petition to king iames , the resolution of the lords and likewise of the iudges assembled in star-chamber shortly after , doth i think refer to it in the d § . viz. whether it was an offence ▪ punishable and what punishment they deserved , who framed petitions and collected a multitude of hands thereto to prefer to the king in a publick cause , as the puritans had done with an intimation to the king that if he denied the suit , many thousands of his subjects would be discontented , where to all the iustices answered , that it was an offence finable at discretion and very near treason and felony in the punishment , for they tended to the raising of sedition and rebellion , and discontent among the people , to which resolution all the lords declared that some of the puritans had raised a false rumour of the king how he intended to grant a toleration to papists , &c. and the lords severally declared how the king was discontented with the said false rumour , and had made but the day before a protestation to them that he never intended and would spend the last drop of blood before he would do it . i remember not in the millenary petition any such expression as the insolent intimation , that thousands would be discontented if it were not granted : but do on the occasion of this ruffianly way of petitioning by papists and puritans , remember what alexander ab alexandro speaks of the persians who worshipped fire , that they did once in their supplicating their god , threaten him that if he would not grant their request they would throw him into the water . i was therefore no imprudent act of the nonconforming divines who had been deprived of their livings to publish voluntarily such a protestation of their tenets as aforesaid , after the detection of the papists gun powder treason plot , and by which act the government was diverted from putting such a cautionary test on their party as was on the papists by the oaths of allegiance and supremacy . certain it is that both the parties appeared very rude in the manner of their petitioning . in the decrets where the text saith that a thing is done contra fidem catholicam , the gloss explains it to be contra bonos more 's , and so it may be said that both the petitioners for the roman catholick faith , and for the others alledged catholick faith were injurious to each by their unmannerly petitionings , as well as to their prince : and their being both such frequent aggressors against his quiet , gave occasion for the question to vex his reign , viz. which were the worse of the two , or whether they were not equally bad , and so many may carelessly render them according to the saying , rustici res secant per medium . what bishop elmore the bishop of london thought in such a case i have said , and yet that bishop as fuller tells us in the church history , was a learned man and a strict and stout champion for disciplin● , and on which account was more mock'd by mar-prelate and hated by the nonconformists then any one . and a great son of the church and minister of the state , hath judiciously in a publick speech inculcated the different regard to be had to those who stray from the flock and those who would destroy it . moreover a great iustitiary of the realm , in the tryal of one of the popish plotte●s , took occasion to observe , that popery was ten times worse then the heathen idolatry . and dr. burnet in a printed sermon , having said , that in many places lutherans are no less and in some tbey are more fierce against the calvinists then against papists ; adds , like a strange sort of people among our selves , that are not ashamed to own a greater aversion to any sort of dissenters then to the church of rome . i hope the authority of that great divine and excellent person will in the point of this comparison help to allay such a mistaken aversion to some mistaken dissenters . i care not who knows the great deference i have to the judgment of that great historian of our reformation , and whose history of which as the house of commons has done right to by one of their votes , so likewise hath the highest judicatory in england , i mean the house of lords by a late order of theirs , by which the thanks of that house are given him for the great service done by him to this kingdom , and to the protestant religion , in writing the history of the reformation of the church of england so truly and exactly , and that he be desired to proceed to the perfecting what he further intends therein with all convenient speed , &c. as the words in the iournal are . my reading lately ten small printed controversial discourses between two baronets of cheshire near of kin to each other ( in which are many references to historical antiquities ) concerning the illegitimacy of one amicia , daughter to one of the earls of chester , and my observing that one of those authors blames the other for not better learning the duty to his deceased grand-mother ( as his words are ) then by divulging the shame of her illigitimacy , and saith , there is no precedent in scripture of any man that did divulge the shame of any person , out of whose loyns he did descend except the wicked ham , and that the other author thinks himself on the account of truth , and for its sake to assert her illegitimacy , those many tracts passed about that controversy from the year to , occasioned my thinking that thus have some writers that would take it ill perhaps not to be thought legitimate , and true sons of the church of england , took too much pains to prove the birth of its reformation to be illegitimate , to the great applause of the papists , and that our reverend historian of it , did seasonably come in to aid his mother church , by publishing the very records that would secure her from a blush on that account , and leave that mauvaise honte ( as the french call it ) to be enemies , and hath appear'd by his very laborious and judicious writings , to be a person as of very great abilities , so of a great and frank inclination to employ them even to the over-obliging a country , and which though naturally attended with envy from some must too be with acknowledgements from others of that dignity and authority that his mind is possessed of , and such as valerius maximus speaking of as innate in famous men who have no extrinsic authority , saith of it , quam rectè quis dixerit longum & beatum honorem esse sine honore . and he who in the course of his history and his other works hath appear'd so impartial and accurate in his observations of men and things , may very well be supposed not to have been partial in his comparison of papists and dissenters , nor do i think he receded from his usual close judging of things , when in one of his books he said , that it is not to be denied that it were better there were no revealed religion in the world , then that mankind should by its influences be so viti●ted as to become more barbarous and cruel then it would be , if acted by no higher principles than those are with which nature inspires men. i will not with our learned and reverend iudge , undertake to compute how many times popery is worse then the religion of the romans : but this i will say that had i been in the roman senate and had there heard any one propound to them a removal of their minds out of that coast of religion which by the light of nature lay open before them , into the region of the iesuites morals , i would have said , my masters let us keep where we are : and should have expected that the reasons i would have urged for their so doing , would have had the effect of the good omen that happen'd in that remarkable crisis , when the roman senators were debating whether they should qu●t rome or remove to veij , and when a souldier then coming on the guard , and his captain being heard to cry out to him , signiser signum statue , hic optimè manebimus , occasioned their adhering to rome . i think that no protestant who compares the tenets of the nonconformist divines in king iames's time with the tenets of popery , will prefer the latter before the former . but it is not deniable that before king iames's time , and then and since many puritans and nonconformists have made great schisms in the church and disturbances in the state , and that especially in some particular conjunctures . the great epoche of in england , and likewise in ireland , will in our histories preserve the memory of the outragious principles of many presbyterian divines in the one kingdom , and of popish ones in the other : but if any shall be so partial to the papists as either to justify their commotion in ireland , or to deny all part of the influence that commotion had on ours here , he will find himself a vain imposer on the world. a great inspector into our modern english affairs , i mean the late earl of clarendon hath in his animadversions on cressys 's book against dr. stilling fleet said , that nothing can be stranger then that mr. cressy should so magnify the general obedience of all roman catholicks , that none of them was ever in rebel●ion against the king or his father , when he knows very well and hath some marks of it , that the whole irish nation ( very few persons of honour excepted ) joyn'd in rebellion against the king : but for that rebellion neither presbyterian , independant , or anabaptists had been able to have done any harm in england . for the scots rebellion was totally suppressed , and their army disbanded before the irish rebellion begun . it was that which produced all the mischief that succeeded in england , and gave those sects in religion opportunity to bring in their confusion to the destruction of church and state , &c. but as to the papists coming in for their share in the guilt of our commo●ion here , we have the incontestable authority of the royal martyr , who in one of his printed declarations saith , and we are confident that a greater number of that religion ( meaning the popish ) is in the army of the rebels then in our own , and 't was there before said , all men know the great number of papists which serve in their army , commanders and others . the author of the regal apology printed in the year , in p. , answereth that part of the declaration of the house of commons , that so unworthily r●flects on his majesty , as to offering a toleration to the papists in ireland , tontrary to his former resolutions , which saith the author , was on great and pressing necessity which hath no law , and to that degree of necessity as the two houses had driven him , so the consequences were to be set on their score not his own , yet even then in his letters about that affairs published by themselves , he doth insist on it that the bargain may be made as good as can be for him . but i have seen other letters from one of his secretaries to the irish , which i am assured were true , wherein where these expressions after expostulation of their delays in his assistance , he is inform'd that taking advantage of his low condition , you insist on something in religion more then formerly you were contented with . he hath therefore commanded me to let you know that were his condition much lower , you shall never force him to any further concessions to the prejudice of his conscience and of the true protestant religion in which he is resolved to live , and for which he is ready to die ; and that he will joyn with any protestant prince , nay with these rebels themselves how odious soever ( meaning his two houses ) rather then yield the least to you in this particular . i should with extreme reluctance touch the sores of these sects who yet have both at several times given such deadly wounds to the peace of the kingdom , but that they are nusances to the publick quiet in raking up the odious comparisons of one anothers practices , and that the papists on the occasion of any of the worse sort of protestants or nonconformists being convicted of sedition or treason ( a thing that may be expected from the degeneracy of humane nature to happen oftener from some of a religion of so great numbers , then from a perswasion that has comparatively but a handful of men for its disciples , just as accordingly perhaps where one papist is hanged for clipping or coyning twenty protestants are so ● are so apt to expect that the world should acquit the present principles and former practises of that sect from disloyalty on their out-cry that they are no puritans or presbyterians , and as ridiculously as if a false coyner arraigned for the fact , should trouble the court with a plea and noise , that he was no house-breaker , and but that on the detection of a plot of papists , several persons that have in their publick capacities done many acts of hostility to the interest of the kingdom , yet entirely by being more busie anti-papists then others , have been immediately admitted to the good graces of the people , and cried up by them as patriots and hero's , and by their afterward espousing the true interest of the kingdom as to the point of popery , all their former spurious actions have been not only pardoned , but almost according to the canon law legitimated ; and as the popes in any croysad for the exterminium of hereticks were wont to give plenary indulgences for all sins past and to come for many years , so have the people heaped such indulgences on such persons that in any conjuncture shewed their zeal in the extermination of popery . and though to an ordinary view these mens title to their fame may appear by some of their former actings much incumbered , yet who ever pryes into it is as much generaly hated as are those projectors , who rake for their bread among the weak titles of other mens estates , and cry out 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 when they have found out a flaw there . 't is observable that s. iames c. . in his assertion of justification by works , gives two instances of persons so justified , and that one is of abraham , and the other of rahab the harlot , in v. . likewise also was not rahab the harlot justified by workt , when she had received the messengers , and had sent them another way : and yet too that sen●●● the spies another way as the fact is historically mentioned in ioshua the d , would to some scruplers seem unjustifiable . thus do the people in their way justifie all that they believe are assistful to them in the attaquing of the romish babylon , and look on them as their saviours , and as captious as they are against others , yet think of nothing but saving them and all that they have ; as was in the case of rahab . nor is it to be wonder'd at that men who have so much to account for to the public should be thus discharged by the populace , tho many of them are gallios in religion , and were no more concern'd for the eclipse of protestancy or the light of the gospel in the year . or . then they were for the four eclipses of the luminaries , viz. two of the sun , and two of the moon , that will be in the year . and particularly of that of the sun , which will be in ianuary then and not seen by us , but only by our antipodes ; but there is that adherent to popery , that if it could rivet it self into our law here , it would make the light of the sun not worth the looking on , namely the confiscation of the goods and estates of those that holy church calls heretics , and the throwing them into such forlorn prisons where they could see neither sun or moon : and therefore as the devils those seducers in chains are hated by men , because they know those fiends would destroy their lifes if they could ; for the same reason all that lye open to the name of heretics , will be animated with a brisk hatred against popery , and magnify those as their tutelar angels that shall pretend to defend them from it ; tho such did before conspire against them . but therefore because a zeal against popery is a remedy so cheap and so easie to be had , and yet so infallible a one against the peoples being discontented with men who did before so much by their principles poison the realm , 't is the common interest of us all , both protestants and papists , out of love to our country , to wish that no men may be tempted so fatally to injure it hereafter , by being beforehand sure of purchasing both pardon and adoration , from the people on such easie terms . the strong currents of inclination i find in my self , and observe in others , not only to pardon , but to extol and magnifie , nay to bless all men that help their country , as it is contesting with popery or presbytery , or either of those or any religion-trade , and to say to them as the expression is in the psalms , we bless you in the name of the lord , will i hope be accompany'd with such an extirpation of it as will not leave any fibre behind it in our english world. as it need not be told to our divines of the church of england , that they are under no obligation to strain any point of courtesie whereby to render the papists generally not worse than puritans , and that their character hath been by the papists all along render'd more vile than that of the puritans , and that doleman in his book of the succession , weighing the parties in england , and having first spoke of the protestants of the church of england , afterward p. . saith , that the puritan party is more generally favour'd throughout the whole realm , with all those which are not of the roman religion , then is the protestant upon a certain general persuasion that the profession of the puritan party is the more perfect , especially in great towns , where preachers have made more impression in the artificers and burgesses , than in the common people . and among the protestants themselves ; all those that are less interested in ecclesiastical livings , or other preferments depending on the state , are more affected commonly to the puritans , &c. and p. . the puritan party at home in england is thought to be most vigorous of any other ; that is to say , most ardent , quick , bold , resolute ▪ and to have a great part of the best captains and soldiers on their side ; which is a point of no small moment ; and that weston , lib. . de trip. hom. offic. cap. . p. . in a very janty manner , crying up the puritans beyond the prrotestants of the church of england , saith protestantibus in●● sacrâ praestabiliores puritanos . qui enim estis protestantes , hominum judicamini ignavissimi omnium , religionis etiam fuco destituti , impiissimi aeruscatores , parati jurare in cujusvis verba , modò inde emolumentum rebus vestris accrescat , and in p. . puritani sane multò solidius ac syncerius sua dogmata profitentur ; so neither need it be told the papists that the divines of the church of england did never prefer the tenets of popery , or professors thereof to those of puritanism or presbytery as such , and that they never complain'd of the protection the dutch and french churches have long here enjoy'd with liberty to worship god according to their peculiar rites and church discipline , and that upon the late great migration of many french protestants from their own country hither , under great circumstances of want , our divines , and particularly those in and near london , shew'd all the efforts of their art of persuasion from their pulpits to move their hearers to liberal contributions to them , that they could have possibly done in the case of their own countrimen or kindred ; and that one of those divines in one of the greatest cures there being for his learning and life and endowments proper to his function a great ornament to the gospel , when he with great eloquence so pathetically bespoke the relief of his great auditory for those poor hugonots , did characterize them as such of whom none was ever suspected to have machinated any thing against their king's person or government , or to have attempted the burning of his metropolis . i have granted that the puritan and the popish petitioners did both in the beginning of king iames his reign offend contra bonos more 's : but if any should ask me which sect was the more peccant by such incivility , i will say that in one regard the puritans were so , for that they were bred to the knowledge of better things : but that in another regard the papists most certainly were so , if thuanus may be believ'd , who in the place i last cited out of him , relating to the gun-powder plot , ( by which it appears that their petitioning was but a stalking-horse , or as i may say , a trojan horse to hide and enclose armed men ) further shews , that the iesuites in england employ'd one privately into spain in the name of the catholics with letters of commendation to creswell the iesuite there residing , to negotiate with the government there , to send an army into england in the latter end of queen elizabeth ' s reign , and that afterward one wright was sent into spain upon the same errand , and that then likewise guy faux was by some of the iesuites sent thither to creswel to hasten the design , and that faux was instructed to take care that it should be signify'd to the king of spain , that the condition of the roman catholics would be worse here under king james than it was under queen elizabeth , and that it might be effected that spinola should then land an army in milford haven . and then saith the great historian , they not being able to effect that , proceeded to the plot of the gun-powder treason . the popish petitioners then did essay how they might flectere superos and acheronta movere at the same time . but in truth , as in whale-fishing , 't is customary for marriners apprehending danger to the vessel from the greatness of the whale , to throw out an empty barrel into the sea , for the whale to toss about on the waters , and to receive some diversion from it , that while he is so diverted , they may the more securely wound him with their dead-doing irons , thus did the papists throw out their empty petitions to that king only to divert and amuse him , that they might surprize him with the ●ate they intended him . yet now if any one should put the interrogatory to me , which person i had the least kindness for , namely , a non-conformist that favour'd the doctrine of resistance , or a papist that believ'd the grounds and school-conclusions of the doctrine of popery , as king iames's before mention'd expression was ( and which whoever did , he said , could neither be a good christian or a faithful subject ) i shall by way of answer crave aid from a judgment given by philip of macedon , who having heard the merits of a cause or complaint that happen'd between two lewd persons , gave the decree , that one of them should presently fly out of macedon , and that the other should run after him as fast as he could . but against any seditious protestant , i would wish more severity exercised than against such a papist : for the former doth not only rebel against his prince as the latter ; but doth according to iob's expression , more rebel against the light : and is guilty of the simulata sanctitas , and so according to the expression before mention'd out of the apocalypse , reward her as she has rewarded you , and double unto her double , &c. deserves to be doubly punish'd for his duplex iniquitas , and shall magnifie the justice of the king's ministers done to their prince and country , and to themselves , when in any conjuncture they shall find any call'd protestants turning gods and the king's grace into wantonness , and religion , into rebellion , they shall level their most solicitous endeavors with all the sharpness of the law against such nominal protestants ; for then the salus populi will engage them as the physicians say , to mind the vrgentius symptoma , and for which they have a rule , that cum diversae repugnantesque inter se committuntur indicationes , parendum est omnino fortioribus . 't is fit i should recompence the trouble i have given your lordship by what i have said of this question by diverting you with the news of another question , that among some company was lately bandy'd in discourse here , between a papist and a non-conformist ( and 't was a much more termagant question than the former ) namely , whether popery or mahumetanism be the wo●st ? i was sorry to find the non-conformist to give his judgment as he did in a gross and undistinguishing manner , that the impostures of mahomet were fitter to be embraced than several tenets he named in popery , which tho erroneous , yet are denominable as tenets of religion ; but did for a while forbear giving my opinion in the case or relieving the papist with any notion of mine , tho i found the non-conformist as somewhat the better disputant pressing too hard on him , gave me occasion to have done it , than if i would . i calling to mind how the papists of old have so often decided it , that heretics are wo●se than turks or infidels , and that they have ranked our religion of the church of england with atheism , since i allow not of works of super-erogation , would not super-erogate in being too hasty in moderating in the dispute . thus maldona●e on st. iohn , saith , qui catholici sunt majore odio calvinistas caeterosque omnes haereticos prosequuntur quam gentiles . and thus stapleton in his oration or speech against the politicians , saith , that the heretics are worse than turks . and mason in his vindiciae ecclesiae anglicanae , lib. . cap. . p. . cites gulielm . reinold . in his calv. turcis . l. . c. . and l. . c. . for saying religionem nostram ( meaning that of the church of england ) ipsâ turcicâ esse deteriorem . mason further brings in bristo , saying religionem nostram nullam esse ipsâ experientiâ prob●ri : and cites another popish author for saying protestantes nullam habent fidem , nullam spem , nullam charitatem , nullam poenitentiam , nullam iustificationem , nullam ecclesiam , nullum altare , nullum sacrificium , nullum sacerdotium , nullam religionem , christum nullum , and quotes cardinal alan for saying , nostram liturgiam , sacramenta & conciones istiusmodi esse , quae fine dulio aeternum afferunt exitium . the well meant pains of the compilers of our liturgy in inserting there some good prayers out of the mass , to render it more agreeable to the papists , was it seems all lost ; and that perhaps occasion'd that angry exclamation of mr. cartwright of old , that in ceremonies we ought to comply with the turk rather then the pope . i acquainted the discoursers that mr. fox in the edition of the acts and monuments printed together in one volume in london , in the year , doth combat this mighty question in p. , and in the following pages , viz. whether the turk or the pope is the greater antichrist , and at last saith p. . in comparing the turk with the pope if a question be asked whether of them is the truer or greater antichrist , it were easie to see and judge that the turk is the more open and manifest enemy against christ and the church . but if it be asked whether of them two hath been the more bloody and pernicious adversary to christ and his members , or whether of them hath consumed and spilt more christian blood , he with sword or this with fire and sword together , neitheer is it a light matter to discern , neither is it my part here to discuss , who do only write the history and acts of them both . and i then telling the nonconformist that the iews for many obvious reasons did prefer the doctrine of mahumetanisme to that of popery , some papists beforemention'd had prefer'd it to protestancy , and as he the nonconformist had preferred it to popery , he mention'd his fears that a sort of enthusiasts among us called seekers , might hereby be in great danger of stumbling on the religion of mahumetanisme , accordingly as of old when one went to demand of the philosophers of the several sects , which was the best of them , every one named his own sect or party in the first place , but all of them in the second place granted plato to be the most eminent , that is the next best : whereupon those seekers preferred plato , because setting aside prejudicate affection and self-love , plato's philosophy had thus carried the garland . i then took occasion to tell the company that i thought 't was extremely unjust to prefer mahumetanisme with the many ridiculous and senseless things it comprehends to christianity in papists , blended with many erroneous tenets which yet are capable of the name of religion , and such as those great pious papists beforementioned , viz. father paul , thuanus , d'ossat , erasmus , peiresk perhaps own'd the belief of , as many thousands of others may still likewise do : but frankly interposed my opinion that i thought that popery complicated with the real belief of the iesuites morals , and their vile casuistical tenets branded by the present pope , was as unworthy of god and humane nature as any hypothesis of religion could be : and i as frankly told the nonconformist whom i looked on as one who would not outrage the law of the land to advance the gospel , that tho some erroneous points relating to nonconformity , might without absurdity assume the name of religion , yet among whomsoever those tenets should be incorporated with the real belief and practice of the lawfulness of the doctrine of resistance , and of any persons reforming the world by arms without warrant from the municipal laws so to do , yet such a faith would be faction , and such a nominal religion would be a real rebellion , and much worse then mahumetanisme . i farther acquainted the company that according to the discreet motto of the house of ormond , comm● je trouve , and the mode of the age to take the measures of knowledge by experiment , the usage that the better sort of christians have found under turcisme hath been by very many degrees milder then under popery . erasmus indeed was of a contrary opinion , for in his vtilissima consultatio de ●ello turcis inferendo , printed in the year , he saith that exaudiuntur interim & 〈◊〉 voces abominandae qui jactant esse tolerabilius agere sub imperio turc●●or●●● , quam sub christianis principibus ac sub pontifice romano , and there he goes on at large to prove the inconvenience of living under the turkish government : but the order of the iesuites was not then invented , and after a hundred years observation since , protestants have judged as they did in erasmus his time . and in a popish book called the right of the prelate and the prince , i find luther , de soecul . potestat . cited p. . for saying that the turk is decies probior , prudentiorque nostris principibus . and i think it may seem greater wisdom in him to sell such heterodox people for slaves that he takes by force , than to burn them . but in the year before that book of erasmus was printed , i find in magerus his advocatia armata , laurent . surius in comment . rer . in orbe gestar . ad annum , cited for the hungarians throwing themselves on the protection of the turk , rather then they would be deprived of their right to chuse their king : and it seems under popery in that kingdom they had a greater kindness for the turk then the emperor of germany . and the great observer thuanus on the year in his d tome , discoursing how the germans being under apprehensions of the power of the turk and of spain at the same time , were thoughtfully weighing their danger , et comparatione alchorani cum inqui●itione hispaniensi factâ , an potius cum orientali quam occidentali turco sibi rem esse velint , thereupon saith , & si quidem res merito suo , ac semoto omni affectu privato aestimetur , haud dubium esse quin , optione dat● , orientalem eligant , quippe ut viribus praepollentem , sic victis tolerabiliorem faturum , &c. dr. heylin likewise seems to favour that opinion for in his geoghraphy in folio , he saith , the turks compel no man to abjure the faith in which he was born . i have heard many say that 't is better for a man that would enjoy liberty of conscience , to live in the countries professing mahumetanism than papistry . and i think i have read it in the author of the zealanders choice , that if he were to lay the scene of his life any where with respect chiefly to the freedom of owning any religious sentiments , it should be either in amsterdam or constantinople . as i was reading the other day in an old canonists tractate of heresy , i found this position asserted there , that 't is unlawful for a master of requests to deliver a petition for mercy to be shown to a heretic ; but then i occasionally thought of a more manly and god-like temper shining in part of the alcoran , as mr. gregory relates it in his opusc. where he saith , the mahumetans have another lords prayer called by them , the prayer of jesus the son of mary , and that endeth thus , and let not such an one bear rule over me that will have no mercy on me , for thy mercies sake , o thou most merciful . he who separates mercy from justice , is unjust to the very name of justice , and robbeth it of the better half of its signification , leaving its teeth and claws , and taking away its heart and bowels . iarchas the indian and chief of the brachmans , in philostratus , is brought in finding fault with apollonius tyaneus and others of the greeks , for that they confined and applied the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to those only who do no wrong to one another and telling them that they were in an error : for saith he among the chiefest offices of iustice , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 & 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 bounty and goodness , together with 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , ought to be reckoned up . and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 & 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , just and kind men are convertible terms in aristophanes , and joyn'd both together i● pl●●arch : and aristotle saith , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 moderation or clemency is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , a piece of iustice better then all iustice. and if a man would not wish his soul , yet he would his body among heathens of that temper , or mahumetans , rather then such fiery canonists . there was one thing that i told the gentleman , who was the papist , in the close of this discourse that much surprized him , namely ; that those two anti-christs , the turk and the pope have sometimes held a good correspondence together , and that the pope has been a pensioner to the turk . king iames in his apology for the oath of allegiance doth in p. mention how alexander the th , took of bajazet two hundred thousand crowns to kill his brother gemen , or as some call him sisimus whom he held captive at rome , and how he accepted of his conditions to poyson the man and had his pay . king iames voucheth for the history of this fact paul. iovius , and guicciardine , and cuspinian . it was a vile ministry to the turk that that pretended vicar of christ then engaged in . king iames mentions not there how that popes predecessor , innocent the th , was likewise bajazets pensioner in the same detestable affair : for 't was in his time that sisimus having rebell'd against his brother and retired to rhodes , was brought to that pope to whom bajazet sent the title of our blessed saviours cross in hebrew , greek and latin , as a present , and effectually obliged him to detain his brother in custody during his pontificat : and that pope had a yearly pension of , ducats from the turk for the continuing his brother a prisoner ; and it seems that charles the th king of france , making war against pope alexander who was not able to resist him , the pope was constrained to conclude a peace , and one condition was that he should set the turks brother at liberty . but then his holiness being thereby to lose the said yearly pension of , ducats , received from the turk the gracious offer of , crowns to cause geme or zizimus to be poysoned , and so he was . these faults are particularly set down in cyprian valera of the lives of the popes , writ in spanish , and translated into english by iohn golbourne , and printed at london , anno , pag. , , . and many other popish writers accord herewith , and particularly sabellicus , tome d , of his works , ennead . . book , says that bajazet promised that pope , magnam auri vim si fratrem veneno tolleret , and that fuerunt qui crederent cum veneno sublatum , fuisseque alexandrum pontificem ejus consilii non ignarum , p. . ib. king iames in p. . of that ▪ apology mentions another of christs vicars , namely , alexander the d , that writ to the soldan , that if he would live quietly he should by some slight , murther the emperor , and to that end sent him the emperors picture . that emperor , king iames , says was frederick barbarossa : and it seems to have been extraordinary ill nature , in that pope alexander after he had not without ridiculing that piece of scripture , conculcabis leonem & draconem , trampled on that emperors neck , to write to the pope to cut his throat . and that the greek church refusing to submit to the pope was betrayed by him , to the turk is a thing enough known , as it likewise is that the pope has often effected it , that arms raised in christendom against the turk , should be employed against heretics . i believe there is none thinks that the pope by all the treasures that the souls or sins of any christians yield him , could have hired the turk , so far to have degenerated from natural conscience as to practice any base art of killing the body of any of his vassals , contrary to the law of his prophet or of the empire : and i acount nothing more ridiculous than to believe that the grand seignior doth employ for his spies in the europaean world , a wretched sort of mankind that appear within the class of monsters , and are call'd by the italian and german writers of politics cingari and by the spanish hittani , and the french egyptii , and by our people gypsies , and who are foolishly imagined by any to have come from egypt , and more foolishly by reinkingk de regim . saecul . & eccles. lib. . class . . cap. . n. . and the generality of the grave political authors to be exploratores & proditores qui germanorum consilia & negotia turcis produnt , and he saith further , nulla in imperio securitate gaudent , sed impune à quovis offendi possunt . magerus de advocatiâ armata , p. . saith of them , nihil aliud sunt quam manipulus furum & colluvies pessima otiosorum & fraudulentorum hominum ex variis nationibus non ita remotis , sed vicinis collecta , qui extra civitates in agris , in triviis tentoria erigentes , proditionibus , latrociniis & furtis , deception●bus & permutationibus , atque ex chiromanticâ oblectantes homines , iis fraudibus victum mendicant : but renders them no commissaries or spies for the grand seignior , or correspondents with his visier , and saith , that nonnullorum magistratuum animos vana superstitio velut lethargia adeo invaserit , ut hoc hominum genus violare nefas putent , eosque grassari & furari & subditis imponere passim impune sinunt . and if not only magistrates but private persons too spare them ( for according to reinkingk every man is a magistrate against them ) 't is an indicium that they are but inconsiderable extravagants in the world : and 't is therefore i think pity that our learned country-man brown in his vulgar errors , where he shews the error of their being thought to come from egypt , doth yet represent them as spies employed by the grand seignior . i shall here observe to your lordship one thing that occurred to me not without sharp regret , and that is , that i read lately in the works of crackanthorp , one of the most learned men in oxford in his time , and a most faithful citer of authors , the famous hosius of the church of rome cited for a more intolerable blasphemy against the holy iesus , then any i remember in the alcoran . crackanthorp arming his logick against the errors of popery doth in his chapter , de loco arguendi ab authoritate , say , that , ipsi primarii sacerdotes quos maximè ab errore immunes fecit mosis cathedra & promissio illa dei ( math. . . ) ipsi indicabunt tibi judicii veritatem , illi inquam christum blasphemasse , & reum mortis esse judicarunt . pudeat vos hosii vestri , cujus haec sunt verba ( hos. lib. . con. brent . fol. . ) veritas indicii hic judicata , vera sententia hic pronuntiata fuit . quaenam illa ? reus est mortis . hanc sententiam à spiritu sancto profectam esse non est dubium . o hominem sacrilegum & blasphemum ! ille ne reus mortis , qui innocens & innoxius vitam dedit ? but as inhumane as any principles of papists or mahumetans , or any enthusiasts , or as desperate as the very iesuites beforementioned ones are supposeable to be , and as much as any of mankind can strive to delude others by implicit faith , yet as it is in no mans power presently to believe what even his own , and much less what his guides appetite would have him , notwithstanding any ecclesiastical association he may have prosessedly linked his faith in ; so no man can ensure the continuance of his belief ▪ or its holding for a moment : and therefore the more absurd and inhumane any mens tenets are , i shall expect them to be the less believed , and for the less time , and it is more then holy church can know that any one at all believes as it believes , how great soever the number that pretends so to do , appears . of all papists not professing themselves bound to withdraw their allegiance from heretical princes , and even from such as by a particular bull were excommunicated by the pope , history affords many examples , and particularly of the many loyal papists , who when the inheritable right of the crown of france was devolved on the king of navarre , a protestant , and as such excommunicated , with their lives and fortunes asserted his title to the crown . any of the readers of thuanus know that in book 't is related , how when many papists would have debarred him from the succession , and that the minds of those qui in castris erant , were in that point variously affected , yet major & sanior pars sic existimabat nullam publicae salutis spem superesse , nisi servato legitimae successionis ordine , and so were for harry the ths right therein , and whom they believed was late reconciled to the king his predecessor for that he did per eum res administrare as the historian's words are , i. e. harry the th a protestant successor , was primier ministre to harry the d a papist . and not only the major part and the sober party of the popish souldiery , ( i. e. in thuanus his words sanior pars ) was loyally addicted to the right of the protestant successor , but several of the grandees of the popish clergy were so , and particularly the arch-bishop , whose speech for that purpose thuanus book . sets down , wherein 't is said , neque verò aut regis personam , aut subditorum robur debilitatemque heic considerandum esse , quando reges lege ad regnum vocantur . neque exemplis doceri posse quicquid contrajactetur , in priscâ lege populum israeliticum ob religionem regibus suis defecisse , &c. sed totum id deo dijudicandum reliquisse , in cujus manibus regum corda sunt , quae & ille pro arbitrio quo vult , inclinat . quid in christianâ ecclesiâ ? nonne christum generis humani redemptorem ejusque beatissimam matrem nomina sua apud censum , augusto imperante , gentilium sacris addicto professos esse ? nonne caesari suo & petri nomine tributum pependisse ? quod verò de legibus civilibus & imperialibus constitut ▪ affertur quibus manichaei & arriani à dignitatum , magistratuum ac publicorum munerum participatione excluduntur , id intelligi de magistratibus inferioribus , non de principalibus , qui nisi cum excidio populorum & reip. eversione jure suo privari non possunt , de quibus decernere ad solius dei omnipotentis iurisdictionem pertinet . the whole speech is argumentative to that purpose out of the old and new testament and fathers , &c. and that noble loyalty of those papists to a protestant successor met with a requital as to their religion , and thereby i may say in the scripture expression that they did at once heap both a crown and coals of fire upon his head . any one may be rather apt to think me less sanguine ( as i may say ) in my belief of shame 's operating more and more among both lay and clerical roman catholicks , and even among our jesuited protestants ( i mean many of our non-conformists that have had sanguinary and disloyal principles transfused into them by jesuites , ) to the making them out of love with such principles , when he shall consider how the ingenious maimbourg doth in the th book of his history of calvinisme reflect on the great calvin for his opinion and practice relating to the punishment of heretics with death , and instanceth in the case of servetus who was burn'd by the magistrates of geneva as an heretick , on calvin's instigating them so to deal with him , as maimbourg tells us , and concludes his historical account of the parisian massacre , with the mention of the said opinion and practice of calvin , and doth with great judgment and candour thus observe , viz. on á veu neanmoins de tout temps que le moyen le plus efficace quand l' heresie est deja puissamment etablie , n' estoient point les supplices , beaucoup moins la violence & le trop de rigueur . bien loin que le massacre qu' on fit a paris & entant d' autres villes ait aneanti , ou du moins affoibli le calvinisme , qu' au contraire il en devint plus enracinè , plus puissant & plus formidable , qu' auparavant . les huguenots ne voulurent plus se fier aux declarations que l' on fit p●ur les rasleurer , &c. alsted in his chronology of heresy tells us that michael servetus hispanus docuit nullam esse in deo realem generationem aut distinctionem : and calvin in his opuscula saith of servetus , vel sola modestia potuisset vitam redimere : but i believe the world will grow more modest then to burn men for immodesty : and 't is most certain that as the world grows the nearer to its period and growing more and more populous , that populousness will naturally tend to unite all countries at home by preparing them to resist invasion from abroad , and make the fantastical squandring away the members of the common-wealth more and more ridiculous and insensibly to grow out of fashion . thus 't was with the increase of the people among the jews and turks , that the sicacious zealots among the former , and dervices among the latter did gradually decrease , and at last insensibly grew obsolete . and thus of old did draco's laws evaporate , aulus gellius tells us in his noctes atticae , that draco atheniensis vir bonus multáque esse prudentia existimatus est : jurisque divini & humani peritus fuit . is draco leges quibus athenienses uterentur primus omnium tulit . in illis legibus furem cujuscunque modi furti supplicio capitis puniendum esse , & alia pleraque nimis severe censuit , sanxitque . ejus igitur leges quoniam videbantur impendio acerbiores , non decreto jussoque sed tacito illeteratoque atheniensium consensu obliteratae sunt . and this i believe would have been the fate of the sicarious morality of the jesuites although this present pope had not exposed their principles as he has done , and their consecrastis manus iehovae be absolete , how much soever many of them think to out-brave the popes decree , who i wonder that they are not so hardy to write to the pope to revoke it , in the comtemptuous style of merbizan the turk , that when pius the d published a bull wherein he granted indulgences to all them that would bear arms against him , writ a letter to his holyness willing and requiring him to call in his epigramms again , ( as dr. donne relates it , citing the historiae & alia impressa ante alcoran . f. . ) and in the style of casaubon calling paul the ths excommunication against the venetians , dirum carmen , a cruel lampoon . dr. peter du moulin in a discourse of his , printed in the year . saith , that the iesuites were then i. e. in the time of the late usurpation , and are now the principal directors of the consciences of the english papists . and there was published in the year , a pamphlet writ by a person of no vulgar understanding , and who i suppose was a papist , and the title of it was an expedient or a sure and easie way of reducing all dissenters &c. wherein the author saith , of the papists ( meaning in england and wales ) there are parts of , gentlemen and people of great quality : and therefore since the jesuites have formerly made the pope infallible in his judgment of matter of fact , and that the pope hath thus de facto thrown that turpitude of their principles ( that one may call lutum sanguine maceratum ) from his court and even from that of the roman inquisition , and the sordes whereof gentlemen could never receive into the cabinets of their mind without fear and shame , they must now either be ashamed of their jesuitical guides , or of their pope , and the more ingenious and modest sort of jesuites will by natural instinct be more and more ashamed of such principles , and be sometimes pale with fear , and sometimes red with the die of blushes , as they observe the world picqued with their dishonour pronounce against them as the pope their infallible censor hath done , and the jesuites see that the principles are too hot for them to touch where there is an inquisition and too foul where there is none . according to that great moral observation of tertullian's , omne malum aut timore aut pudore natura perfudit , all the fair-killing principles of the jesuites and particularly those refer'd to in the th , th , th , th , d tenets in the pope's decree , must really appear foul , and as too foul play to be used in our populous english world. time was in the old monastic days when the popish clerical actors were so numerous on the stage of the world and so rich , and the spectators so few and so poor , that it was dangerous for these to his at them or not to applaud them , but 't is now otherwise , and the scene of time is altered . the tables are turned since the author of a popish book called , the right and iurisdiction of the prelate and the prince , imprinted with licence of superiors , anno dom. was so hardy as in chap. th , p. . having spoke of the oath of allegiance , to say , the king after this oath is no more secure than before , because the catholicks who take this oath against their conscience , know that they are not bound to keep their oath . yea the prince thereby bringeth himself into greater danger , for by so unwonted and odious an oath so contrary to his subjects consciences , he cannot but make himself odious , and there having insinuated the great numbers of the papists , to apply then very gravely to his prince that saying of cicero in his offices , multorum odiis nullae opes , nullae vires resistere queunt : and that author further tells us out of tully , quem metuunt oderunt . men hate whom they fear : and then doth like a grave animal thus proceed very honestly telling us , and what security hath a prince among them that hate him ? when subjects hate their prince , they are discontented ; when they are discontented they are desperate ; when they are desperate , they care not for their own lives ; when they care not for their own lives , let then the prince fear his ; for as seneca saith , qui suam vitam contemnit , tuae dominus erit . he that contemneth his own life will be master of thine . and from this source proceeded the late gun-powder plot. but i believe not only fear but shame would divert papists from writing at this rate at this time of day : and i look on it as either a sham or infatuation in a protestant writer , who in a pamphlet whose haughty title was the humble remonstrance and petition of english protestants against english and irish papists , to the right honourable the lords and commons assembled in parliament , and which was published not long after the discovery of the popish plot , when in p. . the author saith of the papists and the plot , nor will the more impudent of them deny the thing in general , but much the contrary insulting to us with tertullian 's implevimus omnia against the old pagans . we fill your courts , your armies , your navies : it must take , you cannot avoid it , 't is a just cause to extirpate heresy root and branch . i believe there were no papists so void of shame and sense as to speak then what this author mentions . the bishop of winchester in his letter to the dutchess , ianuary the th , . and since printed , speaking of those , who were averse from popery or afraid of it , saith that , their number did take in parts of in the whole nation . his lordship was a very modest calculator in making the number of those who then de facto feared popery to be no larger : and consequently according to the rule of quem metuunt ●derunt , referred to by the author of the prelate and the prince , the great number of those here who hated popery was very visible , and made the implevimus omnia to be a very empty and ridiculous suggestion . but were the number of papists much greater then any timid protestants seem to make it , the great real encrease of mankind , and mens being thereby preserved , must render the turpitude of the former principles of cruelty to be very shameful . in the style of the heathen morality 't was usual to call any thing turpe that was not honestum , or honourable , or contrary to the generous nature of man , and therefore to brand with the name of turpitude many lawful actions , for non omne quod licet honestum : and thus what is unworthy of a man or a christian to do is often so called in the new testament , and 't is an error in any mens judgments or fancies to appropriate so much the meaning of that word to fleshly lusts. the devil is called an unclean spirit in the new testament though not supposeable to use bodily lusts or to confine his temptations to them . the filthiness of sin is mentioned by st. paul to timothy , and st. iames . . commands the laying aside all filthiness , &c. a sentence obtain'd from a judge that was given by bribery is said to be lata per sordes , and for the turpitude of such a judgment a judge was long since brought to a shameful end in this realm , and in his enditement for bribery 't was said that he did violare sacramentum domini regis , and the reason thereof was , that the oath of our kings relating to the doing of justice to their people , such corrupt judges did by their injustice do violence to that oath of our monarchs ▪ and in like manner all kings generally being by their coronation oaths bound to protect and defend their people , i ask what king on earth can do it , if either an outragious pope or the general of the jesuites shall secretly cause men to be killed by their emissaries , and what subject can any were enjoy the benefit of the tacit paction between him and the law to the effect of fac hoc & vives , if he must hold his life by the tenure of a jesuites caprice ? this orders sicarious principles must therefore be naturally as fatal to it as those of their calumny beforementioned , and indeed this their affected arbitrary power over hereticks lives is liable to the battery of fear and shame from the other papists ; for if such believing the justice of the pope's decree , shall speak ill of the iesuites contumacy , and on that account render that society disobedient to holy church and scandalous to the same , will not tenet the th condemned by the pope , viz. it is lawful for a person of honour to kill a man that intends to calumniate him if there is no other way to avoid that reproach , render the lives of such papists forfeitable to the jesuites assassins : and again will it not render the jesuites lives forfeitable by their own principles to such papists , and thus our popish layety and the iesuites be in a state of war , instead of such layety being amicable disciples and bountiful patrons to them ? neither the law of god or the land do trust the punishment of malefactors to private persons : but as tolosanus de repub. tells us , l. . c. . processum fuit judicialiter & sententiâ excommunicationis contra vermes radices segetum edentes in diocesi curiensi & constantiensi , ( and he there sets down such a sentence of excommunication pronounced against those animalcula ) so much more ought such locusts tho now as to the pope they have no king , ( i allude to solomon's words , the locusts have no kings , yet go they forth in bands ) and tho their principles would eradicate the lives of our hereditary kings and their subjects to have the legal benefit of judicial proceedings ; but the turpitude of such principles and practices as pollutes the land with blood , and may bring a curse upon it , is likely to bring them many an extrajudicial curse from the popish and protestant populace ; and if as tully tells us in his offices , that there was a law at athens , that ordered publick execrations against all that did , viam erranti non monstrare , such confessors as by insinuations put people out of the right way by vile irreligionary casuistical principles so fatal to souls and bodies , must naturally be anathematized by them . thus likewise by shame and fear in our populous english world must all bloody and rebellious principles own'd by any persons that assume the the name of protestants be naturally hated : and if any are not ashamed or afraid togive just occasion of jealousie concerning such hostile principles , being secretly harboured in their minds , others will be ashamed and afraid to keep them company , and as if there were some speedy judgment impending on those who conversed with them , according to that proverb of the jews , migrandum est ex eo loco in quo rex non timetur . the last prefatory paragraph before the bishops survey is , that the heads and preachers of the several factions are such as had a great share in the late rebellion . such men tho like the trumpeter in alciat , they made part of the fighters , and had been fairly dealt with by the amnesty if they had not been permitted any more in their profession to have lifted up their voices like trumpets again , or trusted to make any harangues to the people in publick , yet at the time of that survey were very few , and are now generally as silent in the region of the dead as meroz was when they curs'd him ; and themselves are according to my calculating observation turn'd to earth , whose voices like air in the wrong place made such earthquakes in church and state : and both fear and shame might teach them how in bello non bis peccare , if their being experts of the inconveniences of war had not naturally excited in many an aversion to it ; but with the surviving experts there doth undoubtedly a reminiscentia ( which mr. hobbs calls a re-conning ) survive , how that the long parliament had not formerly more fears and jealousies of popery then of presbytery , and of some of the divines of that perswasion designing to trouble every parish with a new court-christian , after the tremendous example in history of the inquisition for heretical pravity being first committed to the orders of the dominican and franciscan fryars , and without any tribunal , and which by their zeal in preaching they afterward obtain'd with a vengeance , and to the scandal of humane nature ; and how that that parliament as fuller observes in his church-history , would not trust the presbyters to carry the keys of excommunication at their girdle , so that the power thereof was not intrusted to them , but ultimately resolved into a committee of eminent persons of parliament , in which thomas earl of arundel was first named ; and moreover how that england was then turned into such a common shore of heretical opinions that one of the most learned of the presbyterian divines , mr. iames cranford in a sermon of his called haereseo-machria preached before the lord mayor and aldermen at s. pauls on february the st , . and printed in the following year , saith there in p. . in eighty years there did not arise among us so many horrid opinions and blasphemous heresies under episcopacy ( a government decryed as antichristian ) as have risen in these few years since we have been without a government . he had before in p. . said , it is lamentable what success errors have had among our selves in these last or years of ecclesiastical anarchy and con●●sion , whether we respect the numbers of errors of the erroneous . amsterdam , poland , transylvania , places most infamous for heresies , are now righteous if compared with england , london , which in so short a space have broach'd or entertain'd above errors , many of them damnable . and therefore i do not wonder that in a pamphlet called , the exact collection of the debates in the house of commons in the last parliament , one member is there brought in , observing in his speech concerning the dissenters , that 't is not probable that ever they will have a king of their opinion , nor yet a parliament by the best discoveries they had made of their strength at the last election . for according to the best calculations that i can make , they could not bring in above . in . the present gentlemanly temper appearing in the people of england , as to the not having aversion or resentments of anger against any mens persons or their converse by reason of their asserting controvertible points that are capable of the name of religion , must naturally make any ashamed to vex their patience and disturb their security by asserting principles that really are irreligion . if any one did rake in the dust of libraries for names of absolete heresies to render the papists or any else the fouler thereby , he would in effect but needlessly foul his own fingers ; as for example , if any one should say the papists have borrowed their practice of extreme unction from the valentinians and heracleonites , their notion of the orders and quires of angels from the archonticks , the use and worshipping of images from the carpocratians , the praying to the virgin-mary from the colliridians , the veneration of the cross from the armenians , the baptism by women from marcion , the baptizing in an unknown tongue from the marcosians , and the voluntary poverty and single life of priests from the apostolici , the using of small bells in celebrating the mysteries of religion from the meletians . nor would any be much concern'd whether any old or new unheard of hereticks communicated the disease of these notions to the weak minds of the erring , since it doth not infect humane society . and there are several traditions mentioned in some of the ancient fathers as apostolical , which tho the papists do not observe , yet the world would not make any angry exclamations against them if it heard they did , as namely , the mixture of milk and honey given to them that are newly baptized , the abstaining from washing a whole week after , oblations for the birth-day yearly , not to fast or kneel in prayer or worshipping of god on the the lords day , nor between easter and whitsuntide , all which are mentioned in tertullian . nor would any be now angry with another that held either part of the question , viz. if the hallelujah may be sung in lent ? the great controversy about easter that heretofore put all the world in a rattle , and almost shook it to pieces , what a toy is it self now reputed , insomuch that our latest ascertainers here of the time of its celebration seemed not to think it tanti to be awake when they were about it ; and tho our lately having in our almanacks two easters in one year easily awakened the non-conformists , to take notice of it and to say , that therefore they could not give their unfeigned assent and consent to all and every thing contained and prescribed in and by the book intituled the book of common prayer , &c. and tho thereupon a person of the royal society very profoundly knowing in all the mathematical sciences , and likewise in the knowledge of theology and of the canon law , and the ecclesiastical law of england , hath published an infallible way of fixing easter for ever ( and that it may be no longer a fugitive from the rule of its practice as it often is at present ( nor dance away from it self , as i may say , in allusion to the vulgar error of the suns dancing on easter day ) and fixing it so as perhaps none else could have done , nor possibly himself any other way ; yet hath this great right done to that great day been by the generality of people , not so much regarded as would an advice to a painter , or such like composure have been . any one that would design to make another fermentation in the world by the terms of homo-ousios and homoi-ousios would no more effect it , than by the criticks controversy in boccaline , whether consumptum should be spelled with a p or no : to which purpose i heard one cite it out of luther , that he said anima mea odit terminum istum homo-ousion , tho yet he knew homo-ousios was the right opinion and homoi-ousios the wrong . and that one word heresy that hath produced such furious tempests in the world that have torn up states and kingdoms by the roots , how is it now generally among men of ingenuity and wit here reduced to its quiet and primitive signification , viz. the taking of an opinion , or a private opinion without reference to truth or falshood , and to import nothing more of affront then when used by tully , as non sum in eadem tecum haeresi ; i am not of your opinion : and the common vogue of heretics amounts to opiniátre , and heresy to opiniátrete : and as a whirl-wind may be supposed to have blown some one thing into its place , as each other thing out of it , so have the whirl-winds heresy hath disturbed the world by , happened at last to blow its signification into its right and original state. our courts christian which in order to the salus animae might still prosecute men for heresy , as well as vsury , have given no heretics or vsurers , any cause of complaint for molestation ; tho yet in the articles of visitation this is one , is there any person a known or reputed heretick or schismatick . but as in the diocesess in the country and even in the cities there , the church-wardens having not troubled themselves to know what animal a heretick is , so neither is our layety in our metropolis in the humour to mind the genus and differentia in the definition of a heretick . nor will they be ever likely to make any such presentment as mr. nath. bacon said in one of his printed discourses ; he hath seen , made formerly by some of st. mary overies , item we saine that john stephens is a man we cannot well tell what to make of him , and that he hath books we know not what they are . our english genius is so improved by the excellent temper and discourses of that breed of rational divines our church of england hath been blest with since the king's restoration , that it generally abhors the thoughts of punishing a heretick as such with death , as a severity that hath in it the turpitude of injustice and cruelty . and since the very fathers and schoolmen could never agree about the point who are formally hereticks and that the acutest among them make the formality of heresy to consist in pertinacy or contumacy , which are inward acts of the mind and which none but the scrutator renum can know , it may well seem shameful for any to agree in punishing it with death . what a shameful narrowness of mind was there in the divines that governed our church in the times of the late vsurpation , when those triers of ministers would allow none to have a living or cure of souls that asserted the tenets of arminius in religion , which yet carry a face of so much probability to be maintained , that a man who having used his utmost care in the investigation of truth therein asserts them , may claim it as his due by the purchase of christs blood , that when he is required to deliver his opinion about the same , his asserting it that way should not expose him to punishment . and there is no controverted religionary speculative point of that nature wherein there is among learned men probabilis causa litigandi ( and in some cases too where it may touch too close upon our articles and homilies ) in which liberty of differing in judgment is here either prejudicial to their interest or common esteem . thus tho all the reformed churches make the pope to be antichrist , and particularly our church of england in its homilies hath done so , our famous dr. hammond adventured as he thought himself obliged in conscience to publish it , that simon magus was the man. the most judicious comparers of times are sensible that there is now a more valuable libera theologia in england then was during the usurpation . how glad would many of the independent , and presbyterian divines then have been of the liberty to have taught their flocks the notions they then thought of importance as to the divine decrees , tho they had been allowed to have so done only in surplices , or in vests of indian feathers , or any habits imaginable ? the old way of arguing about speculative points in religion with passion and loudness and being tedious therein , is grown out of use , and a gentlemanly candour in discourse of the same with that moderate temper that men use in debating natural experiments has succeeded in its room , and 't is accounted pedantry for any one in good company to pass for a victor in notions by having the last word , and seeming a baffler in dispute . and the truth is , our divines and the lay literati having since the king's restoration been more addicted to the study of real learning then formerly , which requires quiet of thought in its pursuit , hath brought noise out of request . i need not again mention the obligation our land hath received from the royal society , in making so great a plantation of real knowledge in it . 't was high time at last when the kingdom was settled on its proper basis to improve it with such strong and nervous knowledge , that would be like the strong man keeping possession in mens understandings , during which either poperies or presbyteries kingdom of darkness cannot overthrow our quiet . there were in the year . reckoned in christendom , monasteries , and from whence all the great revenue there bestowed on men to think , sent not perhaps one notion of real learning into the world. but their professed business was to extinguish the light of knowledge , and not to increase it , and that which they made their real study was to find out artifices to make mankind fit still and quiet in the dark , and to invent torments and punishments for those that would not do so : and to ridicule those who pryed into nature and but looked toward arithmetick and geometry , by the name of students of the black art and conjurers , a humour that was not quite exterminated hence from the time of fryer bacon to my lord bacon : for our pious martyrologer mentioning occasionaly dr. d ee the mathematician , called him dr. dee the conjurer . thus almighty god tho the first thing he made for the world in general was external light , yet one of the last things he hath made or so much blessed the world with , is real learnings intellectual light , and even that whereby we so knowingly converse with his works of nature : and so careless was mankind in considering the frame of their own bodies , that dr. henshaw a late ornament of the royal society hath truely observed it in his book of fermentation , that within the compass of this last century the knowledge of anatomy hath been enriched by a full third part at least . mankind was so busie in murthering one anothers bodies of old under the notion of christians , and afterward as hereticks , that it had no leisure to dissect them , and was wholly taken up by studying experiments of cruelty equal to the making of live anatomies of each other . and tho the holy iesus came into the world not to destroy mens lives but to save them , and for that purpose tho the divine philanthropy chose that time for his coming into the world when the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 was arrived at a greater heighth then ever before , yet by the depraved nature of man perverting and corrupting the use of religion , the fantastick vile sacrificing of men hath since encreased . in the infanticidium of herod's that was presently after the birth of the holy child iesus , samuel siderocrates saith , that there were slain of infants of years old and under that age , : and paulus volzius makes them to be a million and thousand . and afterward among the heathens , he was accounted the magnus apollo , not who could find ways of saving , but destroying christian men . no fewer than seven books were writ by vlpian to shew the several punishments that ought to be inflicted on christians . and tho livy saith of the romans , in hoc gloriari licet nulli gentium mitiores placuisse paenas , yet tacitus tells us of the christians in the th book of his annals , primo correpti qui fatebantur , deinde indicio eorum multitudo ingens haud perinde in crimine incendii , quam odio humani generis convicti sunt . ea pereuntibus addita ludibria , aut ferarum tergis contecti , laniatu canum interirent , aut crucibus affixi aut flammandi , aut ubi defecisset dies in usum nocturni luminis urerentur . several authors relate it as a decree of nero ' s , quisquis christianum se esse confitetur , is tanquam generis humani convictus hostis , sine ulteriori sui defensione , capite plectitor . enough hath been already said to parallel the cruelty of new rome , with that of old toward the heterodox : and how ingenious the virtuosi of the inquisition have been in finding out such torments for heretics , as can multiply one death into a thousand , i with horrour think of . how profound a submission and deference to the unaccountable will of heaven doth this consideration require , namely , that christs little flock even in the ark of his church , is not only endangered by a deluge from without , but by one within , and that of its own blood , and that the sheep of christ appear to a common eye to be ( as it were ) made on purpose to feed the grievous wolves that are entred in among them , and as it may be supposed that thousands of harmless sheep were in the ark of noah employed to feed , perhaps about pair of the hurtful carnivorous beasts : nay which is more , that heaven should permit such great slaughters of its little flock to feed the very vitiated fancies of the worst of men , as was before insinuated ! but who can without shame for depraved mankind , and a heart inwardly bleeding , think of the result of the popes gift of america to the king of spain , where so many millions of the poor natives having had no promulgation of the law of christianity , and were accountable to god only for the violation of the law of nature , were so unnaturally murthered by the spaniards , that it would seem incredible that god having made of one blood all nations ( as 't is said in the scripture ) and there being a natural cognation between all humane kind as the expression is in the digests , they should depopulate that part of the world of a greater number of souls than is now living in the flourishing kingdom of france , if that famous spanish bishop bartholomaeus de las casas hath made a true estimate of the spanish cruelty in the west-indies , namely , that in about years the spaniards by several monstrous cruelties put to death millions of indians . at this rate of murderous mankinds thus outraging one another , the world would seem to be likely to end before it was ( as i may say ) to purpose begun , i mean the purpose of god almighty . but the thought of the shame of being outwitted by our neighbour nations , and the fear of being outdone by them in strength , populousness and riches , and our certain knowledge , ( as was partly before hinted ) that toward the latter end of the world by the growing populousness of mankind , we must naturally and without any eye on prediction in scripture more and more hear of wars and rumours of wars , and the shame of our encouraging a few traders in contraband religions to hope they can ever destroy the peace and trade of the kingdom again , must ( supposing heretics to be men ) naturally make the former mode of killing them appear not more barbarous then ridiculous . sir w. p. having in his excellent manuscript , called verbum sapienti made excellent computations of the wealth of the kingdom , and of the value of the people , and of the several expences of the kingdom and of its revenues , and in his last chapter there considered how to employ the people and with what great industry , doth like a noble philosopher conclude it with these two queries and their answers , viz. but when should we rest from this great industry ? i answer when we have certainly more money than any of our neighbour states , ( tho never so little ) both in arithmetical and geometrical proportion ( i. e. when we have more years provision aforehand , and more present effects . ) what then should we busie our selves about ? i answer in ratiocinations upon the works and will of god , to be supported not only by the indolency , but also by the pleasure of the body , and not only by the tranquility but serenity of the mind , and this exercise is the natural end of man in this world , and that which best disposeth him for his spiritual happiness in that other which is to come . the motions of the mind being the quickest of all others afford most variety wherein is the very form and being of pleasure , and by how much the more we have of this pleasure , by so much the more we are capable of it , ad infinitum . and thanks be to heaven we have no isthmus in nature to dig through , which yet by our many hands might be done . 't is but the removal of the broken fence and bowing wall of a religion-trade , which we can well look over and easily see through as now broken and bowing , and which is the more loath'd for having so long and so much debarred us from real trade and real knowledge , and too from real religion , and this flowry coast will be as free to the feet of us northern heretics so called , as 't is now to our eyes , and we through the effects of our populousness , and being necessitated to industry , be secured from any fear of sharing in a prophetick calculation that might be called , the burthen of the north , made by a late author of a discourse of trade , that the french without the use of their iron , will command all the silver of the north and sweep it away thence by the over-balance of trade . but after all the souths raillery on the north , they will find that the northern half of the world hath more earth , more men , more ships and sea-men , more stars , more day , and more light of the gospel , and i may add , more good nature and frankness , more bodily strength and fewer plagues , and earth-quakes then the southern . and where most people are 't is no heresy nor enthusiastic prophecy , to say that there will in time be most trade : which appeared by england's not being afraid to throw the die of war against both france and spain , in the beginning of the reign of the royal martyr . as the over-balance of trade is insensibly lost in any country , it is likewise so regained , and in time will appear regain'd , and like health in the body of a man of a strong vitals after his being seized by and recovered from a chronical disease , and of the time of the beginning and ending of which by unforeseen accidents , no shadow of a dial or sound of a clock could give the indication . i shall assign an instance of this in our own kingdom . the author of britannia languens calculates , l. per annum to have been formerly at a medium for years brought into england by the balance of its whole trade in the world. committees of parliament have worthily laboured in several sessions to model and draw bills for the making us wear our own woollen manufactures , and many who have writ books and proposals about trade , have very honestly endeavoured to perswade us so to do . but as the saying is , accidit in puncto , &c. an accident too low for our states-mens consideration , hath for several years caused england to gain more then it did by the aforesaid balance of trade , viz. the said , l. at a medium for years ; and this accident is the general fashion of womens wearing crape . and because i have conversed with none who has observed the effect of this accident , and which tho seeming small , is very momentous , and appears ( as many things in trade do ) like great weights hanging sometimes on small wires , i shall divert your lordship by calculating en passant what england gains thereby , in such a way as the nature of the thing will bear , and may passable serve to have it done in . a pound of wooll makes yards of crape . each female one with another may be supposed to wear about yards of crape in her apparel . there are in london probably about , females that wear crape . it may be supposed that in all england and wales there being ten times as many females as in london , that one half of this proportion of the london crape-wearers may wear crape in the country , viz. half a million in all . it may be supposed therefore that the crape-wearers one with another wearing ten yards a piece , that five millions of yards of crape may be yearly worn in england and wales , and that one pound of wooll making fifteen yards of crape will occasion the consumption of a third part of a million of pounds weight of wooll per annum , viz. and pounds weight of wooll which ( accounting fine wooll such as makes crape to be worth one shilling per pound ) amounts to l. sterling . the labour of the people in manufacturing the same , amounts to about thirty times as much as the wooll , viz. half a million of pounds sterling : and this yearly gain england cannot miss of while the women of the court continue the fashion of wearing crape , whom the women of the city and country will imitate in their garb . if any shall think that the allowance of yards to be yearly worn by each female crape-wearer may seem too much , he may consider that some crape used by men about their apparel , and the great quantity thereof employed in shrouding the dead , pursuant to the late act ( and which but for the invention and use of the manufacture of crape , perhaps would not have been effectually put in execution ) may probably incline him to be of an opinion that england gains more vastly by this new manufacture of crape , then i have supposed . the ridiculing humour of so many in the age , may perhaps move them to think observations of this kind to be unimportant . but if any shall take a prospect of the substantial and great wisdom of our ancestors in our statute-book , he may find there acts of parliament about thrums and yarn , and many about fustians , and about worsted , and worsted-weavers , and another statute of pouledavis : but there is that of moment in my account relating to england's gain from crape , that after statutes made to advance our wooll and drapery and dyers and our woollen manufactures , so much decayed in spight of them all , this seeming poor little thing hath without any act of parliament enriched us . and many are the foundations of manufactures laid in our country cities , and daily growing since the time that dr. williams arch-bishop of york in his speech in the parliament of . in defence of the bishops votes observed , that tapsters , brewers , inn-keepers , taylors and shoo-makers do integrate and make up the body of our country cities and incorporations . and tho the northern heretics are crasso sub aere nati , yet have they ( as was said ) compensative advantages from nature , and as if nature meant them more then others for lords of the sea and navigation , the pole of the magnet which seateth it self north , hath been observed to be always the most vigorous and strong pole to all intents and purposes , and the magnetical virtue impressed on the earth is there more strong likewise , i mean on the church land seized on from the papal idlers and burthens of that earth to support the necessary defence of the state , and therefore will necessarily attract mens iron and their understandings with justice to keep it . dr. heylin in his geography in folio tells us , that 't is not so much the authority of calvin , or the malignant zeal of beza , or the impetuous clamors of their disciples which made the episcopal order to grow out of credit , as the avarice of some great persons in court and state , who greedily gaped after the poor remnant of their possessions . but tho nothing like an over-balance of the clergy in the wealth of the kingdom ought to have sunk that order and its revenue in england , ( where perhaps ten times as much is spent either on the law or on physick as is on the clergy ) it need not be wondered at , that in those countries of the north where they are continually standing to their arms at least of defence , and calculating their provision for war , that the lutheran princes ( as heylin saith ) have divided the episcopal function from its revenue assuming to themselves much of the latter , and sometime giving part thereof to their nobility , with the title of administrators of such a bishoprick , and of super-intendent to those who have there the pastoral solicitude , and with some proportion of the revenue for their maintenance not much exceeding what is usually received by calvinist ministers . and if my lord primate bramhal may pass for a good casuistical judge of the law of god , who in p. . of his just vindication of the church of england , speaking of an excessive revenue of the clergy and their over-balancing the layety , saith , and if the excess be so exorbitant that it is absolutely and evidently destructive to the constitution of the common-wealth ( it is lawful upon some conditions and cautions not necessary to be here inserted ) to prune the superfluous branches , and to reduce them to a right temper and aequilibrium for the preservation and well being of the whole body politick , and if any credit ought to be given to the account of cardinal pool shewed to me within these few hours , relating to the over-balance of the old ecclesiastick revenue here , after he had used all his own diligence and that of others to prepare a calculation of the same for the pope , and had sent reams of paper of this to the pope that are now in his archives , and had acquainted the pope therein , that it was visible that had not the church here fallen into the shipwrack of its revenues , the ecclesiasticks had here in a short time insensibly rendred themselves lords of the whole kingdom , and that there were more colleges and hospitals in england than in france , which exceeds england by two thirds both in lands and numbers of people , we may very well conclude that had any accidental force in queen mary's time renversed the alienation of the church lands , that force would not have long continued , and should any as wild imaginers may suppose , happen for the future here , or perhaps in other kingdoms of the north , those lands would soon appear to all to have such a magnetical vertue as is in the globe of the earth , whereby as to its natural points it disposeth it self to the poles , being so framed and ordered to those points that those parts which are now at the poles would not naturally abide under the aequator , nor green-land remain in the place of magellanica ; and thus it may be said that if the whole earth were violently removed , it would not forsake its primitive points nor pitch in the east or west , but very soon return to its polary position again , and resemblingly in any new forced over-balance of those church lands , the very dull earth's animus revertendi , to the just libration of states and kingdoms would soon be apparent ; and neither the popes moving the earth , or even archimedes his doing it would have been of any importance : and the papal pride elevating him to say with lucifer sedebo in monte testamenti in lateribus aquilonis , i will sit in the sides of the north would soon be attended with the exclamation of how art thou fallen , o lucifer , son of the morning , &c. and , is this the man that made the earth to tremble ? france that i believe exceeded england by two thirds in the number of people in queen mary's time when cardinal pool made his estimate thereof , did securely heretofore suffer great numbers of its people to be unemployed in it , as namely , the beggars and others of the lower ranks , and through want of opportune means of subsisting at home to seek their fortunes abroad , and that not as 't is in the case of so many scots yearly leaving their country , ( the which perhaps is not able well to nourish more inhabitants than it hath ) but through the abovementioned want of encouragement to continue in that opulent and fertile kingdom , a kingdom that grotius doth but right to , when in the dedicatory epistle of his de jure belli & pacis to lewis the just , having mentioned the kingdom of heaven , he saith , which kingdom only is better then yours . and 't is no wonder if the ministers and counsellors of state there did not concern themselves to make rational estimates of the growing populousness of the northern countries , and particularly of england , when nothing of that kind was perhaps so much as attempted here before the probable inferences of the observator on the bills of mortality made about the same . as to the former unconcernedness of france in preserving or encreasing the numbers of its people , there is an observation of sir thomas culpeper knight , in his discourse about vsury where he saith , france tho so good a soyle lies half of it waste , the natives even loathing their own country , and burdening all the habitable world with their beggarly colonies , one third of the lacqueys and valets in europe being french men. witness dr. heylin who tells us , that once at madrid they banished them all as dangerous for their numbers , finding the french servants in that town alone to exceed thirty thousand , so just and natural is it for oppression to disarm it self . but i have already mentioned it that the present great french monarch , not more renowned for his armaforis then his consilium domi , and his able counsellors there , doth by accurate measures study the encrease of his people , and 't is very remarkable that in the code loüys which he published in april , . he made some ordinances with great care for the registring the christenings and marriages and burials in each parish in his realm , as appears by title . article , , , , , , . there from p. , to . and with much more exactness then the bills of mortality in our metropolis are ordered , and the which that great prince thought worthy to be enjoyned in his code of laws , having perhaps been informed by his ministers that many political inferences as to the knowing the numbers of people and their encrease in any state are to be made from the bills of mortality , on the occasion of some such published about years before by the observator on the bills of mortality in england , and where tho many are apt to think that the registring of the births of people was first used and invented by cromwel , in harry the ths time ; yet is the thing as old as the ancient times of the romans , and among them introduced by servius tullius , who to ascertain the number of births and burials , ordered that when a child was born , the kindred of the child should bring a piece of money into the aerarium of iuno lucina , and so likewise in the exchequer of venus libitina when any died or came to age. and this custom being quite abolished , was revived by augustus caesar at the birth of children as lips. on tacit. observes . but what was worthy of the french king 's providing for the stability of his throne , he further ordered an exact registry to be took of the numbers of his half subjects , i mean the regulars and seculars by the following articles there , namely , the th , th , th , in that title . mr. samuel pepys that great treasurer of naval and maritime knowledge , and of that great variety of the learning which we call recondita eruditio , having communicated to me the sight of a paper mentioning that in the whole number of men in the realm of spain , long since when by secret survey , there were returned a hundred and thousand and hundred and men , ( and which secret survey i suppose was made some time before the year . ) i observed that the number of the regular and secular clergy was not included in that survey . but i think the numbring of the many regulars there who ( no doubt ) so often say in their hearts , nos numerus sumus , &c. had been of as much importance to the government , as the numbering of the lay-men , and for the number of which the code loüis hath as aforesaid so carefully provided , and thereby made the prudence of this french kings code outweigh iustinian's , and hath discovered to the world the acuteness of his understanding , to be not inferior to that of his sword. and the expences of the crown being under the government of this monarch so very much greater than in his fathers time , have necessarily occasioned such an exact knowledge of the numbers and wealth of his realm , as hath provided him his strong sinews for war. thuanus on the year . tells us how that lewis the th , having appointed some persons to compute his expences and receipts for the year . that one and twenty millions and fifty thousand livres . i. e. ( at d . a livre ) one million , hundred , thousand , pounds sterling , were issued out of the exchequer , and that millions and hundred thousand livres , i. e. million , hundred , thousand , hundred pounds sterling were brought into it , and so his expences then exceeded his receipts three millions seven hundred thousand livres : i. e. hundred thousand hundred l. sterling : and beside those receipts and expences the historian saith , that there were eighteen millions of livres collected out of the provinces i. e. million hundred thousand hundred thirty three pounds sterling , and which were distributed in them for the pay of the officers there employed for other expences there . so that the expences and receipts of that crown since the year . were more then quadrupled in the year , of the which i mentioned the total before and abstracted the same from a paper that some merchants gave in to the loyal long parliament , wherein the particular sums accruing from the respective generalities in france are set down , as likewise others are in klockius de aerario for another year . we have already found that it is not so many of our peoples taking the name of this great and wise monarch in vain , that will do our business , or their wishing the ocean of the wealth of that kingdom exhausted that will do it ; and 't is now visible to all that nothing can prevent its encrease but the stopping up the rivers of money that run into that sea , from our countries and others for the commodities and manufactures of that kingdom , that can only produce that effect , and which not so much our hatred of france , as love of our selves will necessitate us to produce , and which therefore must stop up the rivers of contributions , that from deluded or enthusiastic people formerly ran into the religion-trade , and then the great cry of templum domini get as little wooll from the kingdom as it hath brought to it , and the zeal of the very vox populi drive such buyers and sellers and money changers out of it that formerly made it a den of thieves : and indeed if it should be supposed that the balance of solid trade should continue for the future to be against us , to the proportion it has been estimated of late years , neither papists nor presbyterians would be able to maintain a double clergy as now they do , i mean their own , and that by law established . 't is fresh in memory that the house of commons , in the kings long parliament , ordered the commissioners of the customs to compute for them what goods went hence to france in a year , and their value , and what in that time came from thence hither and their value , and that they computed that the value of those exported hence into france was about hundred and thousand pounds , and the value of those imported here from france was about million and a half , beside or hundred thousand pounds worth of goods , they supposed were brought in by stealth as silks , embroyderies , &c. at which rate 't is possible we may have about a d part of the current money of england yearly carried into it : and indeed all our grave laws against sending money in specie out of the country when the balance of trade is against us , are but hedging in the cuckow : and so we have by necessity of nature the prospect of a busie world before us , that we may recover that balance on our side . and during that conjuncture of business all the nerves of our minds must be extended to prevent our doom , from that forementioned sentence of late so much in vogue , and which i have heard some men living falsly vouch'd for the authors of , viz. res nolunt malè administrari ; for it is in tully , who i suppose had it from aristotle , to whom venerable bede who died years ago , refers in his axiomata philosophica printed at london in o , as the author of it in the margint of that axiome , entia nolunt malè disponi , quoting aristotles metaphysicks . among bedes works d tome p. . the axiome is thus worded , nolunt entia malè gubernari . men may ill administer their understandings , as by credulity , supineness and the like , and they may think by the artifice of laws to pinion the wings of our riches from flying away , and as absurdly as sylla would by an edict be judged fair : but things meant by the word entia or being will not be ill administred : and 't is easier to fix quick-silver then the being of our silver here , if our importations preponderate . the gravity of our laws can no more make it stay still here than the vox populi , and the almanacks can make a real solstice , or the sun at the time of the year they call the solstice not to move forward in the zodiack , as much as at any other times . the being of money in a populous country that hath no competent mines in it , depends on the being of trade , and the being of the so many millions of mouths in our realm , will necessitate the millions of hands to work , and the growing dearness of provisions , and cheapness of wages will enforce men to work harder , and the res parta labore will not be ill administred , nor sacrificed to idlers , nor false gods as formerly find true perfumes here , nor metaphysical entities or notions rob men of useful chymical essences , or rob kingdoms of their being defended , and enriched , by destroying the beings or lives of so many men as hereticks , and beings that the papacy endeavouring to administer ill , and by its enslaving men making persons res , caused so many defections from it ; nor that precious thing called time suffer it self to be ill administred by presbyterians erecting ten thousand new tribunals , or ( as one may call them ) ecclesiastical courts of pye-powder , that is one in each of our parishes , when as those men have been heard to complain of the grievances trade hath found from one court-christian in a diocess : and the same necessity which did make our manufacturing peoples appetite for their daily bread to be the ingenii largitor , or whet their wits for the invention of crape , may in all probability produce manufactures of hemp and flax as considerable as that of wooll hath been and is , which i think must naturally happen from the many french protestants and others here lately planted , and a more important linen manufacture be here by them introduced , then was the woollen one set up by the dutch protestants , whom the duke of alva's persecution brought hither : and which no act of parliament here or projects of work-houses would probably have effected , or necessity else have brought in among us in some ages . and hence will a great improvement of our land and employment of our people probably happen by the sowing of hemp and flax , for which so much money goes out yearly hence in specie , and then design of sowing which hath hitherto proved abortive in several parliaments , and particularly in one of the last parliaments of queen elizabeth , and likewise in the king 's long parliament . considering how easie it will be for those of the french nation who are here , and who were used to make canvas and sail-cloth for our naval uses , ( and for which france hath long had so much money from us ) to make it here and by the bait of the gain thereby accruing , to engage several of our poor to work in that manufacture , our nation is not likely to be long without it here advanced , and many of our people therein busied : and 't will easily appear necessary to all to promote the making the same here , who shall recollect that the french king in that last war with him did forbid the importing it hither . and that coarser manufacture once introduced will naturally make way for the manufacture of fine linen , and those manufactures found generally gainful will naturally employ the proprietors of land in sowing great part of the same with hemp and flax , and our good land hereby retriving its former value of years purchace , be no longer ill administred . i believe therefore that if shortly the curious abroad shall send to their knowing correspondents here for a political map , or scheme of our affairs , and ask what is become of the fantastick vtopias , oceanas , and new atlantis'es that our late visionaries and idle santerers to a pretended new ierusalem ●roubled england with , and shall further send hither to their friends that old question , quid rerum nunc geritur in anglia , the return they will receive from england will be to the following effect , viz. that people in that noble and very populous country do there mind things , that the trade of words is spoiled , that the business of sowing tares is over , and that he will be the inimicus homo to himself who doth it ; that the sowing the wind of errors in the church , and the reaping the whirl-wind of confusion in the state is grown hateful : that they have done weaving of jus divinum , and dying of religion with false colours , and preparing nets and snares of death for one another : and that the most ungovernable animals troubling others with projects of government of the church is out of fashion ; that they have done there with science falsly so called , and quae non habet amicum nisi ignorantem , and with trade falsly so called , the false religion-one that hath no friend but the knave ; that their eyes are there opened and they see , that res accendunt lumina rebus , and their hands are at work in trade and lucre without turpitude ; that they can no more be brought like st. francis his novice to set plants with the head downward , nor at the instigation of factious heads of religionary parties , to do with their notions as fryar iohn at his abbots command , did with a dry withered stick which he planted , and twice a day for a whole year fetched water two miles off to water it , and omitting it no festival day ; that they speak more of christ and talk less of anti-christ , and do promote christianity by solid industry and charity ; and the living there are aparrel'd with their own linen as the dead are with their own wooll , and are grown so dexterous in the linen trade that it may be said of them what klockius doth of the dutch , 't is to be doubted , plusne in lanificio an vero in linificio illi praestent ; and thus by means of a true and undefiled and laborious religion there , antichristus lino periit , as i may say with allusion to a forementioned phrophecy . the genius and interest that england hath in several conjunctures been intent on devouring the religion-trade ( and which still hath slip'd from its seisure ) hath now at last effectually swallowed it up : and just as a cormorant swallowing an eel , and the eel slipping out through its body , is soon by that potent creature again swallowed , and again slipping through its body , is at last certainly macerated and dissolv'd in its stomach , and still the cormorant hath weakened the eel in its passage through it , thus hath it in england fared with the religion-trade : that as luther said of one great point in religion , it was doctrina stantis & cadentis ecclesiae , the notion of the not getting or losing by religion there , is accounted the doctrina stantis & cadentis reipublicae . that time hath laid so close and long a siege to the popish and presbyterian religion-trade , that as it was in the siege of ostend , there is no more earth left it to defend . that as physicians observe of superfetation in women , if it be made with considerable intermission , the latter most commonly proves abortive , for that the first being confirmed engrosseth the aliment from the other , it hath happened so in england to the superfetation of reformation . that the trade of reformation unduely prosecuted by art , hath been diverted by the reformation of trade resulting from nature , and the over spreading the land with such a great and useful linen-trade and materials for the same , as hath in a manner exterminated poverty from the same . and while now nature seems to court our expectation with the probability of this new scheme of trade , and manufacture , ( and which perhaps will stay with us till the scheme or fashion of this world shall finally pass away ) i shall take occasion to discharge my self of a promise i long ago made to your lordship , when you were treasurer of the navy , which was to send you an account of the rough hemp and flax , and sail-cloth , and of all the other manufactures of hemp and flax , imported into england yearly : and now that it may appear what quantities of hemp and flax , and the manufactures thereof have been here imported , and from what countries , and that thereby we may usefully take our measures about the proportion , to which this new trade and improvement of our land should at least be advanced , and because likewise the former measures of computing what sail-cloth and fine linen have been here imported , were taken generally from blundering estimates and random calculations , and that we may see it possible , tho france hath got the start of us in the linen manufacture , that we may yet overtake it in the race , for that 't is apparent tho much sail-cloth , yet little or no fine linen hath thence come to us , i shall here entertain your lordship with an account of the linen-cloth , canvas , linen yarn , hemp , flax and cordage imported into the port of london , from michaelmas . to michaelmas . which was drawn up for me by the favour of one of the late farmers of the customs . i happened to make choice of that year for the quantity of those importations , as being a year of peace , but was since told by the merchants that that year being the second after the fire of london , there was then imported into london about a d part less of those commodities than was in common years ; the which happened because the year before being the next after the fire , an extraordinary glut of those goods was then brought in . your lordship thereby seeing what then came into the port of london , will in effect see what came into the whole kingdom , the out-ports bearing a proportion of a d to that of london : and by finding that we have so much hemp from the east countries now we are put to it to go to market there with ready money instead of our woollen manufactures as formerly , ( as we likewise do for our pitch and tar , and masts ) find that we are more closely concerned in point of interest , to have our hemp provided at home . and it will appear high time for us to begin somewhat like a linen manufacture , when a running view of this account presents us with so great a quantity of old sheets imported from holland and france ( tho perhaps designed by us for our plantations ) and of linen yarn and some linen from scotland : and since in that year by an abstract of the exportations of ireland i have seen , that country so long unsettled , had yet so much linnen yarn and linen cloth for its own use , that pieces of linen cloth of ells in a piece , and thousand hundred , and hundred weight of linen yarn then were thence exported . the account i mentioned is as followeth , viz. an account of linnen-cloth , canvas , linnen-yarn , hemp , flax , and cordage , imported into the port of london from michaelmas , to michaelmas . viz. holland linnen ells . cambricks ps . canv . with thred ps . ditto with silk ps . holland duck c ells . packing canvas c ells . old sheets pr . linnen yarn . steel hemp c wt . rough hemp c wt . rough flax c wt . cordage c wt . flanders linnen ells . cambricks ps . damask tabling yds . damask napkin yds . diaper tabling yds . diaper napkin yds . linnen yarn l. . rough hemp. c wt .         germany broad germany c ells . narrow germ. c ells . packing canvas c ells . barras c ells . hinderlands c ells . sletia diap . tabl . yds . sletia diap . napk . yds . damask table yds . damask napkins yds . sletia lawnes ps . linnen yarn l. . rough hemp c wt . france lockrams ps . vittry canvas c ells . normandy canvas c ells . quintons ps . died linnen ps . diaper tabling yds . diaper napkins yds . old sheets pr . poul davies bolts . cordage l .     eastland hinderlands c ells . packing canvas c ells . polonia linnen c ells . quinsbr . canvas bolts . poul davies bolts . linnen yarn l . rough hemp. c wt . rough flax c wt .         russia muscovia linnen c ells . linnen yarn l . rough hemp c wt . cordage c wt .                 scotland linnen c ells . linnen yarn l .                     east-indies callicoes ps .                       that little sowing of hemp and flax here that hath been , hath already met with as much encouragement as this comes to ▪ namely , that 't is all bought up by the years end : and in our way to the manufactures of hemp , the above account doth so far encourage us as to let us see that almost all our cordage is made in england ; and since by some accounts i have seen of the importations in amsterdam , almost as much hemp and flax is there brought in yearly as into the whole kingdom of england , the necessity that will be driving us on to the linen manufacture , will be accompanied with this comfortable consideration , that as 't is possible for us to overtake france therein , so we may holland ( at least in the making of sail-cloth ) in regard we may if we will have as much hemp and flax growing in our own soil as they send for to riga and elsewhere abroad . the french protestants at ipswich have lately made finer linen than ever was made in england , namely , of s. the ell : and for which tho they had their linen yarn from france , yet afterward they sowed flax near ipswich whereof to make yarn , and it was observed to grow so high , that the people resorted from all parts adjacent of the country to see it , they having never seen any so high before . a judgment so penetrating as your lordships will easily find how the said account may be many ways useful to the publick in point of trade , as for example , the consideration is obvious that those countries we receive no hemp or flax or their manufactures from , we may profitably in the way of traffick hereafter carry them to , and by that means know our proper markets , as particularly spain , italy , portugal , &c. that great bankrupsy in london that hath thence like a plague infected so many of our country traders , and laid there too so much land in some sort desolate , will by natural necessity oblige them to countenance this improvement of the realm by new commodities and manufactures : and that which hath in many of our poor idlers , created such an aversion from the sowing of hemp and flax , namely , the toyle of beating the same , will soon cease by the acquainting them with the invention of a mill near a rivolet by which as much hemp may be beaten in a day as can be by two hundred men : and they who have been incessant in complaining of others being french pensioners , and thought themselves slighted because they were not so , shall by the protestants of that nation thus leading us by the hand to a rich manufacture , find france to have thus sent donatives to our whole land. and from the example of their innate loyalty to their hereditary monarch , and thankfulness to ours for their protection , i doubt not but many of our male-contents will imbibe principles of obedience to government and a sense of their safety under that asylum : and such persons whatever their pretensions are , will deserve ill of the kingdom and its trade and manufacture , who by their excessive complaints of the danger of popery and of the fantome of that pretended religion frighting us out of our laws , shall really deter more such protestant strangers from planting among us . but as men may be said to be deterred by shame from fearing any thing in throngs , and where they are secure from robbery , and can suffer only by petty larceny , so i believe will this populous state of our country insensibly wear off the excess of our fears ; and do expect such a future state in england as will make men ashamed of their past fears , and their former deference to ill bodeing prophets . gassendus in his works tells us , that all the astrologers of france concluded , that by reason of the great conjunction of watry signs in piscis and aquarius in the year , that there should then be another deluge in that realm , and in germany , in the month of february , a rainy month , and that many of the people thereupon went with their goods and cattel from the low lands to the hilly country , and yet that month proved the driest month that ever was known : and thus do i expect that many of our melancholy prophets in england will be toto caelo , mistaken in their auguries . and if natural considerations did not induce me thus to foretel good to my country , another consideration might tempt me to predict ill , namely , the warding off all the risque of a false prophet : for among the iews if a man prophesied of future ill to a person or state , and it came not to pass , he was not therefore pronounced a false prophet , by reason of the infinite goodness often inclining the divine nature to avert its threatned anger ; but if he prophesied of good success , and it happened not , he was then reputed a false prophet , for that ( they said ) heaven never cancelled a decree of mercy . considering how often things at random predicted have come to pass , and tho like seeds carelessly thrown into the field of time have yet grown up , and how many even of the higher class of understandings , have been tempted to believe the predictions of the illiterate , and that such could read the book of fate who yet could read no other ( as appeared by sir thomas moore and bishop fisher being tainted with some belief of the holy maid of kent's sayings , or at least seeming so to be ) and that the prediction of things as i partly before hinted may help as a natural cause to give them birth , i wishing so well to my country and its religion by law established , have however adventured from natural causes to give my judgment for the future state thereof as i have done , not despairing of its influences on some present despairers . and moreover the class of magna nomina , who have faulter'd in their measures of prophecy , is so great that an obscure mistaken person may well hope to hide himself among them father parsons ali●s doleman , in his book of the succession , doth p. . give his final conjecture of the great future event of the succession after the death of queen elizabeth , saying , my opinion is that this affair cannot possibly be ended by any possibility moral without some war at leastwise for sometime at the beginning , and gives his reasons for that his opinion . and how all our hot apocalyptick men and teazers of anti-christ have erred in the times of the great changes they have predicted in the world , is obvious : and therefore the most sagacious of that sort of expositers , have made the things they have foretold to be far distant in time , and before which they knew they should long be in the number of non entes doctores , as one calls the schoolmen : and thus likewise the ingenious author of the treatise of taxes and contributions , printed in london , doth p. . say , that before five hundred years we may be all transplanted from hence into america , these countries being over-run with turks and made wast as the seats of the famous eastern empires at this day . mr. herbert , our pious vates , made religion standing a tiptoe to take its flight thither many years ago . and the ingenious author of the zelanders choice hath therein told us that the french would never part with vtrecht , and that our king's declaration of indulgence would never be recalled ; but the contrary happened in both cases , and the vote of the house of commons in order to his majesties recalling the latter , was carried by the party there favouring the nonconformists , and could not have been without them , which that author did not foresee , and that those nonconformists would be well neither full nor fasting , and therefore their reflections on the king's ministers for denying indulgence to them since , ought to be very gentle . mr. fox in his martyrology in one volume p. . gives us this conjectural prediction that the turk will seize rome , and founds one of his reasons for it on the ch. of the rev. and that he shall consume it with fire , and ribera the iesuite in chap. th of the rev. saith , romam igitur non tantum propter priora peccata conflagratarum esse magno incendio , sed etiam propter illa quae extremis illis temporibus commissura est ex hujus apocalypsis verbis adeo perspicue cognoscimus , ut ne stul●issimus quidem negare possit . neither mr. fox nor the iesuite name any particular time when rome shall be consumed with fire : but many whose enthusiastic fancies have played with the fire of rome , adventured to lay the scene of its ruine in the year : and to assert this , a latin book was professedly writ and called , romae ruina finalis anno dom. . and printed in london in the year . in the title whereof 't is said , that rome shall be incendio delenda , in the year . and no doubt our many prophetic writers that read that sentence as from gods tribunal , that rome shall be destroyed that year , angered the conclave there ; and they might well think that to such hot heads there belonged incendiary hands ; and accordingly as it was before cited out of the pamp●let called , the arts and pernicious designs of rome , wherein is shewn what are the aims of the iesuites , &c. the author makes the conflagration of london ( in case it were a practice of humane contrivance ) to have been caused by rome and the consistory there , and the iesuites as being willing to signalize that year of , with some remarkable mischief done to protestants in check to the fancies of some that predicted romes utter destruction then , 't is possible that they might grant against our city the reprisal of performances for our prophecies against theirs : which if they did was a revenge very disproportionate ; for according to that rule of the pharisees revenge , namely , an eye for an eye , and a tooth for a tooth , they should only have equipped airy prophecies against us , and not fire-ships , and by a little obvious art have hounded the number of the beast upon us . and though i am sufficiently convinced by the quotations out of the canon law , and the canonists referred to in gundissalvus that the tenet of burning whole cities if the majority thereof are hereticks , is chargeable on the church of rome as approved by it , and tho the lord chancellor and two houses of commons , and the magistrates of london have given their judgment of the causers of that fire as aforesaid , and tho one of our great divines and whose name all protestants in our land must mention with great honour , dr. william lloyd dean of bangir , hath in his funeral sermon of sir edmund godfrey p. . speaking of the incredible patience found in the citizens of london at the time of its conflagration , as an effect of the protestant religion , further said , tho so many believed and very few much doubted whence it came , that it was from the same hands which we justly suspect for this wickedness ( meaning the murder of sir edmund godfrey ) yet was there no tumult rose upon it , no violence done that extended to the life of any person , yet shall i never without the knowledge of convincing proofs of such a fact projected , or modelled by some in authority in the church of rome , and the spiritual guides of our lay-papists , charge the odium of the fact on more of them than make the least of numbers , nor yet the allowance of this tenet on the generality of papists here at home , or abroad in the world , and would say that as infallible as the pope was , he knew not what spirit he was of , when he thus in his law called for fire on heretical cities ; i allude to our saviour's words to the disciples that importun'd him to call for fire from heaven to burn the samaritans . i know the roman catholick author of the forementioned pamphlet , called the arts of rome , &c. in the epistle of it , saith of the jesuites and fryars , that what they hold lawful to be done , they may be justly presumed to do whensoever opportunity serves , and that they see it conducible to their interest to do it . thus likewise iudges of ecclesiastical courts when the consideration of the nullity of a marriage by reason of fear resulting from threatnings is before them , do carefully regard this point concerning the menacer , an solitus est minas exequi , a thing the iesuites have not been wanting to do , when power and opportunity have not been wanting : and there is no doubt but the iesuites by reason of their th vow to the pope , over and above the implicit obedience they have sworn to their superiors , are to execute whatever he shall command : nor is it doubtable but that when it is said by the canonists that the pope hath power to burn heretical cities , he will reduce that power into act when he sees convenient ; and as dr. donne in his pseudo martyr well notes , the lawyers teach us that the word potest doth often signifie actum : for which he quotes bartolus on the digests . i believe the truth of his computation where he saith in p. of that book , that the iesuites are in poss●ssion of most of the papists hearts in england , but i likewise believe his other computation in that book , where in p. . he saith , quoting rebadenira , that in the year . the whole number of the society of the iesuites were . and that tho their number is much encreased since , there are not so many in england as were when the book was printed , viz ▪ anno . and the dr. whose style was as the oxford antiquities say of mr. foxes , in romanenses satis acerbus , ( tho i think neither of their styles was so a jot too much ) doth in chap. th of that book , very learnedly and largely shew that many eminent and popish writers have bitterly inveighed against gratian the compiler of the decretum of the canon law. no doubt that law was never in gross received in england , in the times of our popish ancestors , and so neither did nor doth bind english papists in the court of conscience , more than the council of trent doth in some popish countries where it never was received : and i find bellarmine cited by the dr. for saying , that there are many things in the decretal epistles which do not make a matter to be de fide , but only do declare what the opinions of the popes were in such cases . i believe that no un-jesuited papist ( nor perhaps some sober party in that order ) will think the worse of me for calling the decretum of the popes canon law , by reason of its empowering him thus to burn cities , h●rrendum decretum : and it may perhaps appear ridiculous as well as horrid in the pope in that law , to rake in the ashes of sweet st. cyprian for fire to burn heretical towns , and to make him , who was in a manner excommunicated by the pope for rebaptizing such as were baptized by hereticks , to be the founder of that wild tenet of converting guiltless lime , and brick and timber to rubbish , because they had afforded dwelling places to people , that differed in judgment from rome : and to make him , who in the year . was a martyr for not being an idolater , to be the author of burning cities , that would not adore the host. but moreover it may be said that in the decrets made by the pope to ape the pandects , and to consist chiefly of canons of councils , sayings of fathers , and constitutions of popes as the pandects do of the responsa prudentum , &c. gratian's founding a tenet on cyprian , or any places out of other authors , giveth it only the weight that cyprian and they had in their proper works : and the stream of authority from their writings in gratian is not to be supposed able to rise higher than the spring : and thus the canonists agree on this as a rule , that the things quoted in gratian , vim legis habent quatenus reperiuntur illic unde dep●ompta sunt : and they tell us , that if any things that are said to be impia , hiulca , barbara , sine ratione , falsa fideique historicae adversa , are found there , they are to be passed by as gratian dreams , ut nec confirmatio pontificum generalis ad ea sese extendere possit . and on this account his gl●ssographer andreas , himself doth often turn his gloss into an animadversion on his master ( for that name he bestows on gratian ) and saith sometimes , magister hic non tenetur ( meaning observatur ) and sometimes superficialis est magistri argumentatio , and elsewhere with a strain of ruffianism , fateor te plane mentitum gratiane . and if any one will read pere veron's book of the rule of catholick faith , dedicated to the lords of the assembly general of the clergy sitting at paris in the year . he will find , he saith , as for gratian 's decrees , and the gloss , they can claim nothing of faith , the author being a particular doctor and subject to many mistakes even in the citation of authors , nor doth he pretend to any such thing : much less weight hath the gloss than the decrees , where many silly and ridiculous passages are discovered . as for the papal decrees contained in the body of the canon law , or published since , none of them do constitute an article of faith , &c. bellarmine makes no difficulty to acknowledge errors in several of them : as for example , where the canon out of gratian is objected , quod proposuisti , extracted out of gregory the d , where 't is said , that if a woman should be sick and by that means unable to render her duty to her husband , the husband if he have not the gift of continency may take another wife : he replys thus , that the pope failed through ignorance , which we do not deny may happen to popes , when they do not properly define but only declare their opinions , as gregory seems here to have done . and no doubt but every papist laughs at the definition of a whore in the decrets , i. e. quae multorum libidini patet , and at the gloss there making by multorum to be meant . my lord , i discoursed frankly of all these last mentioned matters to my roman catholick friend , who ( i said ) would joyn issue in the plea about religion , if the pope's power of firing heretical cities , were a tenet chargeable on the church of rome , and have perhaps said as much to throw off the obligation on any papists to obey the pope or his canon law , in the infliction of such dire vengeance on whole cities , as they would wish said , and do think my self indispensably obliged when i discourse with any of mankind about any quaesitum relating to natural truth , and much more to theological , with all possible candour to say what the matter will fairly bear on both sides , as accounting any mans judgment given ex parte to be of little or no value , and esteeming him a falsarius , who conceals any thing of truth . but this gentleman being a close pursuer of truth told me , he knew well enough that the canon law did not as such bind all papists in foro conscientiae , but he would stay in no church that he should find to be built in any akeldama , or field of blood , that is , a church that approved of tenets destructive of civil societies , or condemned not tenets that where any other religion than the popes was , would condemn men like nebuchadnezor to grasing and to solitude , or if they would live in towns or cities , make them live there in houses under ground , as dr. browne in his travels saith , he saw some towns in the turkish dominions where christians so lived like the troglodytes , and subterraneous nations about egypt , and which might be occasioned by many armies marching that way and burning of towns en passant ; and that till the pope disclaimed this power , and damned such tenet in his canon law , that hung up there a light conspicuous to the world , for the lawful kindling of the torches that should set fire to heretical cities , such cities as he called heretical would be in fear of their being incendio delendae ; and that in the mean time the iesuites , who assert the plenitude of his power , would implicitly obey his commands , and their emissaries execute theirs , without considering whether gratian as a fool , or a knave misapplied cyprian : and he granted that if , as an universal censor morum , the pope did command the iesuites or others to inflict spiritual censures in cases of sin , or non-belief of any religionary notion , and those censures were not to operate beyond the soul , that civil societies might yet be maintained ; but to give the pope power to issue out orders to burn the cities and towns , where the roman catholick religion is not professed , is ( said he , ) to give him arbitrary power over a great part of the world , and to leave it to his arbitrage , whether there shall be any political government and commerce in the states and kingdoms of hereticks , and the world might suffer confusion by the papacy's having this power de facto , as much as if it had it de jure , and that several places have been burned as heretical , and when certainly they had a right not to be so served , and particularly the heretical villages at the massacre of merindol , of which dr. heylin in his geoghraphy in folio , makes mention , saying , that in the year . there were above churches of the hugonots in france , which cannot in such a long time but be wonderfully augmented , tho scarce any of them have scaped some massacre or other . of these massacres two are most memorable , viz. that of merindol and chabiers , as being the first , and that of paris as being the greatest . that of merindol happened in the year . the instrument of it being minier , the president of the council of aix : for having condemned those poor people of heresy , he mustered a small army and set fire on the villages . he directed me further for the proof of that fact to maimbourg's history of calvinism , book d , where he mentions the decree of the parliament of aix to which heylin refers , and saith maimbourg of it , par le quel il condamn ' par contumace dix neuf de ces heretiques à estre brasléz , &c. ordonne que toutes les maisons de merindol qui sont toutes remplies de ces heretiques soient entierement démolies , & renverses de fond en comble , &c. he further said , that there was another guess fire projected by the jesuites , as was before mentioned out of thuanus , and which was abetted by the pope , which shewed there was another pope beside eugenius , that thought the burning of heretical cities lawful and meritorious : and he referred it to the consideration of the criticks in gun-powder , how far so great a quantity of it lodged in a strait vault , might have tended to the demolishing of the heretical cities of westminster and even of london , if the experiment of the gun-powder treason had took effect , for said he , the utmost power of gun-powder was never yet tryed . he told me that osborn in his king iames , having spoke of the gun-powder treason saith , i never met two of the like conceit concerning any effect or extent , this powder might have reached had it not failed of success : some men confining it to the circle it lay in and no farther : whereas the judgment of others no less experienced , delivered at least the whole isle to the fury of it : and then he quotes it as the more probable conjecture , then that it could not but work dire effects on the city it self . he further discoursed that in this case , of securing protestant cities from fire at the popes pleasure , pere veron's artifice in making the church of rome , chargeable with nothing to be believed but what is proposed by the catholick church in her general councils , or by her vniversal practice to be believed , as an article or doctrine of catholick faith , or any papists in this case joyning with protestants to decry the canon law , is but trifling away time , as to any giving light to our understandings or keeping fire from our cities : for if each pope believes he hath this power , and the jesuites too believe it , the notion of a things not being de fide , will not be sufficient to save our cities , when the incendiaries even by the doctrine of probability may save their souls , and when they shall have such doctors as the pope and gratian and ( as they may think ) cyprian for the opinion of burning the nests of heretical hornets . he moreover mentioned how bellarmine as to the tenet of all christian monarchies owing subjection to the pope , said , the contrary to it is heretical , tho he well knew that no definition of the church ever made it heresy , and might as well have called the denial of this incendiary power of the pope against heretical cities , to be heresy . moreover he told me he had read bellarmine cited in that book of donne p. . for writing against a doctor , who had defended the venetian cause against the popes censures , and reprimanding that doctor in these words , viz. it is a grievous rashness not to be left unpunished , that he should say the canons as being but humane laws cannot have equal authority with divine : for this is a contempt of the canons , as tho they were not made by the direction of the holy ghost : and yet saith donne , citing that doctor that impugned the canons , those canons that he referred to were but two , and cited but by gratian. and that donne further in that page observed , that when parsons is to make his advantage of any sentence in gratian , he uses to dignify it thus , that it is translated by the popes into the corps of the canon law , and so not only allowed and admitted and approved but commended and commanded , canonized and determined for canonical law , and authorized and set forth for sacred and authentical by all popes whatsoever . treat . of mitag . ca. . ● . . that moreover tho we know that neither the decrets nor decretals , were ever as such received as law in england , yet the pope and jesuites saying that they ought so to have been , and that they were and are obligatory upon us , it will follow that by reason of an unlucky proverb of ben syrah , quantulus ignis quantam materiam accendit , and which is used by the apostle st. iames saying ▪ behold how great a matter a little fire kindleth , and for that there are some little people ready to apply that little fire , when the pope or jesuites would have them , the majority of the papists here , being jesuited ( as was observed ) and that part of them not being of the gentry , would not be byassed by generous education and temper against the commands of the mercenary pope or jesuites , and for that even in the jesuited gentry here , there were bigots found to plot and to prepare to execute the gun-powder treason , it is apparent that the pope may if he will be very troublesome to our cities with his writ de civitate comburendâ , and that he or the jesuites can command numbers of instruments to execute that his writ ( as i may call it ) who will think that therein that they do as lawful an act , as if the four first general councils had expresly warranted the same . he said that the popes decrets and decretals are in several popish countries so much regarded , that to encourage men to study the same , academick degrees are conferred , namely , of doctores decretorum , and doctores decretalium . that in france where the canon law was never in gross received ; as minier the president of the council of aix did set fire on the heretical villages as such , so he hath heard that boerius an eminent lawyer of france , and president of a parliament there , and who has published a volume of decisions , hath in tractatu de seditiosis asserted this tenet of the pope's power to burn heretical cities . that the christians of old when they groaned under the heaviest weight of the pagan persecution , abhorred this revenge against their idolatrous enemies , as appeared by tertullian's apology , and their sense of the ease with which this revenge might have been executed , quando vel una nox pauculis faculis largitatem ultionis posset operari , si malum malo dispungi penes nos liceret , sed absit ut aut igni humano vindicetur divina secta , i. e. one night with a few fire-brands would yield us sufficient revenge , if it were lawful for us to discount evil with evil : but god forbid that the followers of the divine religion should either revenge themselves with humane fire , &c. that the very heathens of old accounted there was turpitude in promoting not only their own profit , but that of their country , in firing the fleet of proclaimed enemies ; as appeared in athens when themistocles by order from the senate , had privately communicated to aristides how he could destroy the lacedemonians by privately burning their fleet , and aristides had reported to the senate that the project of themistocles communicated to him was profitable for the state , but was not honest , they unanimously resolved against hearing it ( as tully tells us in his offices ) and much less would they have deliberated of its turpitude . that the athenians in the time of open war with king philip , and when their priests offering their most solemn religious sacrifices to the gods for the prosperity of their country , did philippum liberos , terrestres navalésque copias atque omnem macedoniam exitiali carmine & diris imprecationibus detestari , yet intercepting some letters writ by him , they returned them to him unopen'd . that the pope and his trent council having never disown'd this power , nor branded this canon , nor yet by any index expurgatorius , damned the writings of gratian , or gundissalvus or the famous canonists by him cited for this opinion , it was plain that they might therefore be said to approve of the same , that qui non prohibet cum potest jubet . that the trent council had gone far in the confirmation of the canon law ; and that the saying used by the fathers in that council , was here applicable , viz. omnia nostra facimus , quibus authoritatem nostram impertimur . in fine , he saying that every one ought to withdraw from a church while it in effect approved doctrines in the faith erroneous , and in practice impious , and asking me if some of the great writers of the church of england , as namely , bishop iewel , bishop andrews , arch-bishop la●d , bishop sanderson , or any of them had industriously published it in print , that we might lawfully employ emissaries to burn rome , or any city where all or the majority were papists , and that such writing of theirs was never censured by authority , and impugned by any of our divines , tho yet by occasion thereof no anti-papists had ever been the incendiaries of popish cities , i would not however withdraw from the communion of the church of england , till i saw such tenet of those divines publickly branded , and till such writing had received the usage that the canon law had from luther , when he cast it into the flames ; i plainly told him that i would : and the like he said he was inclined to as to communion with the church of rome , if he found that the fact of that fiery tenet against heretical cities , was chargeable on the pope in his law and in the writers thereupon as aforesaid . and as little credit as i wish all mushroom prophets and prophecies may find , i am of opinion , if ever any clear discovery should happen in time to be made of that fires having proceeded from the councils of great numbers of iesuites , friars , or other papists , ( a thing i never expect ) that popery would thereby be loaded with such a lasting general odium here and in forraign countries both popish and protestant , as it would hardly breath under the weight of , and the prophets of the effects of the year , would cry that their predictions did hit right , and boldly say to us their upbraiders , that in its effects is not yet past , just like the sooth-sayer who being rallied by caesar going to the senate-house , and saying , the ides of march were come , replied to him , that they were not passed . there is another happy effect , i expect from the grown and growing numbers of our populous nation , and all mens errors , being necessarily the more visible to each other by their close vicinage , namely , that men will be ashamed to aggravate the supposed political errors of the ministers of our princes as formerly , and much more not to take it patiently when their princes pardon them . how shameful a thing was it that the kings pardon was not allowed as good , by the lords and commons , to arch-bishop laud , when nothing but that could save them from the danger of the laws , for taking away any mans life by ordinance of parliament . but so sharp and perfect a ha●er is your lordship of all cruel and arbitrary practices , that i think i have heard you say , that you have often wondered why none ever moved in the house of lords , that the proceedings there against arch-bishop laud might be took out of their iournal , as well as those against the earl of strafford were , which was to me an indication that you would have consented to such a motion . mr. fox in his bo●k of martyrs in one volume , p. . in the story of the life and death of the lord cromwel ( who was vice-gerent to harry the th , for ecclesiastical affairs ) brings many instances of the cruel injustice by acts of attainder , that many great and excellent men suffered : and hath these words in the margent , examples of men falsly accused and iudged , and ●aith in that p. not that i here speak or mean against the high courts of parliament of this our realm , &c. to whom i always attribute their due reverence and authority : but as it happens sometimes in general councils , which tho they be never so general , yet sometimes they may and do erre , so they that say princes and parliaments may be misinformed sometimes by some sinister heads in matters civil and politick , do not therein derogate or impair the high estate of parliaments , but rather give wholesome admonitions to princes and parliament men , to be more circumspect and vigilant what council they shall admit , and what witnesses they do credit . this passage out of our pious martyrologer makes me with a just compassion to the merits of several illustrious persons , to call to mind the severity of the votes of a loyal parliament against them . it was with great precaution and solemnity , that the athenian wisdom fastened the name of enemy on any one ; and of which the frequent imposition and on slight occasions , and on persons not known to have done any act of hostility to the kingdom , would make the word lose the odium of its signification , as many words and phrases have done , and to import no more stated hatred or enmity in any man to his country , than do the expressions of course put into writs of prohibition ; or mandamuses , to our bishops and their officials , viz. of intending our disherison , or machinating against our crown and dignity ▪ mean any thing of treason in them which yet the words so expresly import . tully tells us in his offices , that the original use of the word hostis , for one who was perduellis , came from the lenity of the romans : hostis enim ( saith he ) apud majores nostros is dicebatur quem nunc peregrinum dicimus : and according to this acception of the word enemy for stranger , i shall venture to say that i think they were strangers to the earl of hallifax , and persons misinform'd ( as mr. fox his expression was ) who in the late loyal house of commons did think him to be hostis patriae , and whom they who know him , do know likewise to bear no enmity to any part of the creation of god , and to be one that is so far from any inclination to injure his country for his prince , that either or his prince or his country he would not injure the most abject member of mankind . how shamefully void of sense have i observed some few querulous people here to be , who have professed to doubt that a very honourable man hath of late remitted somewhat of his fervour , in the defence of our religion and laws , who hath so long on every occasion in every place been such an unwearied agonist for both , and one who would not fear to be an athanasius contra mundum , whenever he should in his province be lawfully called to be its antagonist ; and that with contempt too even of the bribe of popularity : and of the continuance of whose confirm'd and obstinate habit of an heroical love to his country , they who have long known him have never doubted , but have agreed in this point of his perseverance in what tully calls the pietas in patriam , to pronounce as the warier arminians do concerning grace , viz. that there is a state of grace attainable in this life , from which it is difficult if not impossible to fall away . with as little art and faint colours as i have here drawn the picture of this great man , any one will say it is very like the earl of radnor : and the truth is , considering that this same pietas in patriam , and the inflexible observation of justice , have not been so much incarnate in the lives of later christians , as of ancient heathens , nor perhaps so legible in their writings , ( and therefore as if that practice of piety had been too among pancirols res deperditae , boccaline held it a proper advertisement , that all the princes of the world should beseech apollo , that he would insert into their people the love of their country ) when i would occasionally in discourse do justice to this great exemplar of it , i endeavour to whet my imagination with thoughts out of the roman authors , and do think of co●tumacy in vertue ( according to pliny's using that word in a good sense ) and of the inexplebilis virtutis veraeque laudis homo , and of the forementioned sooner making crimen honestum , quam turpem catonem , and of the multa & terribilia piso contemsit , dum speciosum mentis suae flecti non vult rigorem , and of what is in valerius maximus of scipio africanus , quem dii immortales nasci voluerunt ut esset in quo se virtus per omnes numeros hominibus efficaciter ostenderet , and of ciceros accounting the pietas in patriam to be the via ad caelum . some here who correspond with sir w. i. asking me if i had not heard that you were prayed for at mass in ireland , i told them i had , and that the earl of essex mentioned the same in the house of lords , and that your lordship replied , that if any well meaning papists in their mass-house , or iews in their synagogue , or mahumetans in their mosc unask'd and unsought to , pray'd for you , you would be glad to be the better by their devotion , tho yet you believed that none of them did ever , yet supplicate heaven in your behalf . i told my friends here that if that thing had been true ( and tho on the account of what hath been beforementioned , i believed it not to be so in the least ) yet they would soon cease to infer thence that your lordships love for the protestant religion was diminished , if they would reflect on the case of rawlins white in the acts and monuments , where it appears that the bishop of landaff in the year . just before he condemned the said rawlins to the fire as an heretick , ordered a priest to say a mass for him : and as that bishop in vain courting him a little before , to abandon the protestant faith , and then asking him how he d●d , and how he found himself inclined , the poor captive replied , rawlins you l●ft me , and rawlins you find me , and rawlins i will continue ; that thus constant your lordship will prove to your religion and your self , upon any thing that can happen ; and that whoever shall write the story of your lordships life after you have finished your mortality , will have cause to say of you as mr. fox p. . mentions , that one who writes of wicliff recorded of him that he persevered in his religion , ita ut cano placeret quod iuveni complacebat , that the same thing pleased him in his old age , which did in his youth . nor do i indeed doubt but that when your lordship shall be upon your passage to the other world , you will take your long leave of your friends in the style with which dr. holland the regius professor of divinity at oxford was observed commonly to bid his friends farewel , viz. commendo vos amori dei & odio papatus ; and that your lordship who hath been so successful an agonist against popery , will share in the glories of that promise from heaven , to him that overcomes will i give the morning star : and that as the morning star is the same with the evening one , and in the morning is call'd phosphorus , and in the evening hesperugo , so the protestant religion will appear in the evening of your life , with the same brightness that it did in the morning thereof , and so continue till you shall arrive at that region , where all the morning stars sang together , and all the sons of god shouted for joy . how unreasonably rigid are they who when the ministers of princes are studying and procuring the ease of mankind , as your lordship hath done , will in spight of fate disquiet themselves in rendring the lives of such ministers uneasie ; a temper that i think shewed it self over much in a late speech in the house of commons , of sir w. i. who , if my information be true , did not reverently use the power of his popularity , when with much acrimony reflecting on some in the kings council , he was supposed to have aimed at your lordship in words to this effect , there is another in the council a noble man too among the kings ministers , and a lawyer , but if we cannot reach him , do not impeach him ; intimating that he would have been glad of any being able with articles and proofs concludent , to have reached your lordship in order to impeachment . there is another honourable person who is your collegue in the king's council , a great man and a lawyer too , whom i was sorry to find by the printed votes of the house of commons that were sent into the country , so many persons were endeavouring to reach with matter of impeachment , i mean , my lord chief iustice north. it seem'd to me a thing worthy the name of news , that the advising and assisting in the drawing up and passing a proclamation against tumultuous petitions , should be thought a sufficient ground to proceed upon to an impeachment against him for high crimes and misdemeanors . the security and quiet of kings and their people are to be so tenderly regarded , that the drawing one proclamation after another to prevent the blowing or breathing in the kings face ( i allude to the words in one of the articles against woolsy ) by tumultuous petitioners ( a thing punishable at common-law , and likewise by the severity of the council-board ) seems strangely imputed as a crime to a judge and privy councellor . the people petitioning in multitudes are so far from being like the horse not knowing his own strength , that their coming in such numbers shews they have calculated it , and perhaps with more nicety than the author of the discourse before the royal society , concerning the use of duplicate proportion had calculated the strength of animals , the which strength he saith , is as the square roots of their weights and substance , and if mice were equiponderate to one horse , the said horse is but / part as strong as all the said mice ; and so might easily strip the horses neck of the thunder that god and nature ( according to iobs expression ) have cloathed it with ; and their petitioning in numbers being a real proclamation of their power , it was the part of so good a councellor of state , and mathematician to advise his prince and his country not to be taken in a trap by the petitioning mice : and it was worthy of so knowing a iudge , to forewarn them of being entrapped by the law , and as the millenary petitioners were forewarn'd in king iames his time . what occasioned the proclamation referred to by the house of commons , i know not ; but by what i have observed of his accurateness in the administration of justice in his great sphere , and of his mathematical genius even not receeding from it self while on the tribunal he in every cause demonstrates the rationality of the laws of england , and makes justice there in its arithmetical and geometrical proportion so visible to all , and by what i have seen of the serenity of his temper in having had once or twice the honour of his conversation , i believe that as a privy councellor he would too as much occasionally assert any legal right the subject hath to petition his prince , as he would the right of the latter not to be illegally and with the apparent menace of members addrest to , a way of petitioning that hath so often and so lately been the prologue to the ensuing tragedy of war. i was very much pleased to hear how this learned iudge , being once moved to grand a prohibition to the court christian in a certain cause , and that the council fencing with presidents pro and con that came not home to the point , his lordship declared in words to this purpose , that in any proceeding that was against universal reason he would grant the writ ; and i think it was as proper for him as a states-man to advise a prohibition in the way of a proclamation against tumultuous petitions , than which nothing can be more against vniversal reason . but if a person who is so great a master of that reason , and indeed of universal learning , and of that part of it that deserves the name of real , and whose single learning would serve to vindicate a whole profession from erasmus his aspersion of doctissimum g●nus indoctorum hominum , and of knowing nothing of the sense and reason of the world beyond dover , and the brightness of whose parts hath given a lustre to the science of the law , and by whom if by any of this age that may be thought possible to be done that our great lord bacon advised king iames to crown his reign with , namely , the bringing the body of the common law , or our jus non scriptum into a digest , i say if a person thus accomplished cannot have the skill to walk through the world free from impeachment , it will be sufficient to make all men of illustrious abilities and godlike inclinations to do good , retire from dangerous mankind , and not adventure to aid princes who are gods vice-roys in the government of the world , and to be happy in themselves without preserving it , as the first being was before he made it . what a diminution was it to the honour of the age , that the popularity of sir w. i. a person who in the florid part of his youth , appeared but an entring clerk , or one who entred judgments for attorneys , and in the greatest figure he made in parliament , or the court acquired no fame by various learning and skill in the politicks , or by having profoundly studied the great book of the world , should yet as with the impetus of an oracle run down the great characters of this lord , and of your lordship and the earl of hallifax , that are known to the world to be so great for loyalty and learning , and the comprehensive knowledge of the present and past state of christendom : and that after that loyal and learned person , and undefatigable assertor of our laws and religion , sir l. ienkins had with great reason and courage in a speech in the house of commons against the exclusion bill affirmed , that the passing the same would be contrary to the oaths of allegiance and supremacy , and sir w. i. thereupon answering it with the non est haeres viventis , he had somewhat like a general humme of applause from the house , and almost as if his had been the voice of god and and not of man ? but on this occasion i should be unjust and too reserved to your lordship , if i should not tell you that a gentleman of good parts and a great estate , a member of that parliament , acquainted me that he being then one of the great admirers and followers of sir w. i. and frequently present with him in the most private cabals , did observe him to be full of fears of the courts being brought to favour the exclusion-bill , as supposing that the parliament would be thereby engaged to part with great sums of money : and that he observed sir w. i. and others of the cabal , were at a stand in their politicks as not knowing what steps to make next if that bill had passed , and the consideration whereof ( he told me ) made him not desirous to participate further in their councils . thus just is it for heaven sometimes to blind and confound and abandon good men in their councels , when they abandon plain principles and dictates of reason , and when they will not do what they know , to suffer them not to know what they do , and particularly not to know while they were so busily founding dominion or empire in grace , that they were riding post to rome as fast as ever that father of the trent-council did , who was so often employed to the holy see to bring thence the holy ghost in a cloak-bag . it is some consolation to your lordship to have fellow sufferers in the obloquy cast upon you , by the tongue of a young man , in a matter so remote from verisimilitude , and not worth the twice naming , and whose person i thought not worthy the naming once , however a loyal parliament thought his accusations worthy the press : and in whose reproach that honourable person , and your lordships old friend the earl of peterborough shared with you . but by what i have found to be the judged character of that lord , among the most impartial studiers of men in the age , i may justly say that the honour of the age was a fellow sufferer with you both , by the publick countenancing of the dirt by so obscure a hand thrown on a person of so noble descent both from father and mother , and of so much courage and loyalty and learning , and on whom his great knowledge of all history ancient and modern , hath so much accomplished as a states-man , and one who in his travels in the world abroad left there such impressions of his real value on the most critical observers , that his prince thought him to be the most proper person to employ abroad as ambassador , in negotiating the marriage between his royal highness and the princess of modena , whereby we may yet hope for an heir male to inherit the crown of england ; i never heard that any thing but sham could represent this lord otherwise than a true son of the church of england : and having once or twice seen him en passant at your lordships house , and observed the lineaments of honesty and honour in his looks , do think that his very face may serve to confute thousands of such tongues as that which aspersed him . but both his lordship and yours have likewise in that persons accusations , and in the greatest circumstances of improbability , been fellow sufferers with the greatest subject , and therefore need not be ashamed of your fate , according to what the famous historian so well said , post carthaginem captam vinc● neminem pudeat . yet having said all this , i shall say that perhaps had it been the fortune of that loyal parliament to have sate longer , it might too have happened that none of your lordships that i have named would at last ●ave thought it parliamentum sine misericordia , and that i believe you will not find any future one so , and that your lordships who have so eminent●y supported the northern heresie so called , will be like the north magnetick and attract a general popular love , which after all its variations will return again to you . but 't is high time for me to take off my hand from this map of the future state of england , that as a predicter rather than a prophet i have here so particularly delineated , and as one who according to what is in st. mathew , when it is evening , say it will be fair weather , for the sky is red , &c. and from natural causes have as well as i could , discern'd the signs of the times , and what it may be a shame for any one that is a piece of a philosopher to be wholly ignorant of , when the inspired prophet tells us , that the stork knoweth her appointed times , and the turtle and the crane and the swallow observe the time of their coming , and that 't is obvious that the beasts of the field as well as birds of the air foresee unseasonable weather , from the disposition of the air. nor is it hard for any considerer now in relation to some of the popish and protestant recusants to undertake what the magicians , astrologers , and chaldeans durst not to the king of babylon , i mean to tell them what their dream was : they dreamt to rule us still by a nation within a nation as the mamalukes did aegypt , they dreamt of offices and like idle millenaries of lactantius his golden age , when the cliffs of the mountains shall sweat out honey , and the springs and rivers shall flow with milk and wine , and of a pingue solum that shall tire no husbandmen , and of such a country as campania the garden of italy that shall not be called terra del lavoro . but i do predict that the noise of the world , and their being necessarily disturbed by the busie in whose way they stand will awaken them , and that if they will have any food to raise the vapours , that will again feed sleep in them , they must work for it , and that no papists and presbyterians will in their sleep cry out of persecution as formerly , and that no papist will hereafter applaud either the justice or temper of mr. coleman in writing as aforesaid to the inter-nuncio , of the execution of the penal laws against the papists , and saying , which are so insupportable that 't is impossible any that is reach'd by them to have wherewithal to eat bread , if they be executed according to the said proclamation . nor i believe will such complaining be heard in our streets from any of the non-conformist divines , as i have read in print from one learned divine of them , viz. some of the ejected ministers are so reduced and find so little succour , that they live upon brown bread and water , some have died through the effects of want , we will be thankful to be under no severer usage than colliers and barge-men , and sea-men , than begging rogues and vagabonds have . but as among the augurs of old , the poultreys not eating their meat or bread , served as an indication that the roman army was not then to fight , so i hope that the same thing was meant by the sullenness of mr. colemans augury and the others complaint , and that both papists and protestants will here eat the bread of quietness with thanksgiving . and considering the great number of attorneys and sollicitors and dealers towards the law , that hath long over-spread the land , and planted in the same such a general proneness to litigation , and over-ran it so with briars and thorns of the law that our country is not more famous for our wooll , than infamous for our so much fleecing one another , and considering how another thing hath occasionally put so many men to be skilful masters of the science of defence with the weapons of the law , i mean the farming of so much of the publick revenue , i may well predict that if such a wild probability should happen as any princes hereafter endeavouring by any illegal course to advance popery , that tho good and loyal people would be lachrymists to him , they would be soon apt to make all ministerially concerned therein to be lachrymists to them . altho england had a king , namely , harry the st , of whom 't is recorded , that reforming the old and untrue measures , he made a measure after the length of his arm , yet as we have one who hath graciously measured the arm of his power by the laws , so i may safely adventure to foretel what his lawful successors will do ; and it is to this purpose in some of the most subtle seditious pamphlets notified in print by the ill wishers to the next heir to the crown , viz. that they fear more mischief from him as chief favourite and minister to his prince , than they would from him if ever he should live to wear a crown : for then ( say they ) we shall know how to be provided against him by the course of the law. nor is it to be doubted but that he who never was known to advise his prince , to incommode any one contrary to the law , will never employ his own power to the illegal detriment of any man. during this time that his prince hath so justly placed so much of the royal favour on him , may he not as to his administration thereof say with the same justice as the great prophet , whose ox or ass have i taken ? may it not be asked whom of the mad sort of cattle that with an infinity of calumnies and shams gored his reputation , or wild asses that kick'd at the same , did he hurt with power or yet take the fair advantage of the law against , till his many loyal friends who were secret true lachrymists , for the publick false misreports spread against him , did importune him so for the kingdoms good to defend his honour , and that they might no more be punished by seeing the limbs of his reputation lie torn and mangled in every coffee-house , who had so often exposed those of his body to bullets and chain-shot in sea fights , for the saving the life and honour of their country ? those therefore that could in earnest write to the effect abovemention'd in such seditious pamphlets , let them talk or look as gravely as they will , i shall yet think but in jest while at other times they are amusing any with questions about their being lachrymists under such a prince ; and they put me in mind of a famous musician we had in the court in king iames's time , dr. iohn dowland , who printed a book of songs and pavans for the lute with the title of lachrymae , and dedicated it to queen anne , and in the table of the book , several of them are thus remarked , viz. lachrymae antiquae , lachrymae gementes , lachrymae verae , and he observes there in the epistle what is obvious enough that tears are not always shed in sorrow , but sometimes in joy and gladness . but there is another thing of more weight that occurs to my thoughts from the remembring that mr. henry peacham in his book , called the compleat gentleman , doth on the name of this lutinest iohannes dowlandus , bestow the anagram , annos ludendo hausi , and that is , that many in several parliaments who thought they could do no right to protestancy but by doing wrong to the next heir , did too much and too long play with the royal offers , and when they might ( if they pleased ) have effected as quick a prevention of the growth of popery under any roman catholiek successor , as was took care of in scotland . yet however i have said enough for my continuing to think that as in that kingdom , there are are few or none that fear that the belief of popery can ever there gain much ground , and ever be the paramount religion there , and who think not that the words of arise peter kill and eat , will sooner bring the scots to eat hogs flesh , and believe there is a divine right for their so doing ( st. peters sheet from heaven in the vision having had that animal in it ) than to swallow the belief of popery , or of the iure-divinity of the pope , so the fears of its growth in england , or of any occasion for the virtue of the lachrymae antiquae of the primitive christians will daily grow more and more moderate , and in time be extinguished . the late arch-bishop of st. andrews estimated the number of papists and their children in scotland , to be but about a thousand : but their number in the states of the vnited provinces is vastly more , insomuch that the ingenious author of the policy of the clergy of france to destroy the protestants of that kingdom , mentions , that there are in holland , a country of small extent , ten times more popish ecclesiasticks than there are protestant m●nisters in all france , which is very large . there is a compleat clergy and hierarchy . amsterdam and all the other great cities have their bishops . those bishops have their chapter and their priests . there are even religious houses . they are somewhat disguised , but are as well known as the ecclesiasticks are in france , and are not in the least assaulted , &c. there was one day in a long-boat or ship a priest dressed in black cloths who was not otherwise disguised than that his coat was short , who said his breviary before a hundred persons , with as much liberty as he could have done in france . and yet perhaps the number of those who in holland fear them , or who pretend to fear them , is but the least of numbers . i think too in this sharp sighted age , where art among the inquisitive follows nature as carefully as equity doth law , one may safely predict that in the dividend of our time little will come to the share of metaphysicks , or the considering how metaphysica agit de iis quae sunt supra naturam , and that the world being infinitely busie will not trouble it self with arriagàs infinitum infinito infinitius : and christendom's being universally employed in preparing its defence against war , and giving us time only for real learning will divert us from either much opposing or defending the old point , whether vniversale be ens reale , or whether vniversalia are res extra singularia . if by metaphysicks we could find a real answer to the question , what is truth , or what is time , of which it hath devoured so much , or learn how to measure it by knowing what 's a clock , we might go on with its entitas , which mr. hobs well englisheth , the isseness of a thing ; but since it resolves not what things are as aforesaid , but as hudibrass saith , only what is what , i think as filesac . de authorit . opi●c . c. . mentions , that the council in france forbad aristotle's metaphysicks , and punished with excommunication the exscribing , reading or having that book , our time will hold little communion hereafter with second notions on those who trade in them , and that as it will seem very absurd to sacrifice much time to the enquiry if vniversale is a real being ▪ and whether vniversalia are res extra singularia , and to sacrifice men for believing the contrary , so it will likewise seem to enquire whether there be one catholick , or vniversal apostolick church existent apart from particular churches , which sense and reason tell us are and must be many , tho the catholick church be but one , and for the want of considering which so many people have been decoyed into the church of rome . many are the things that an ordinary philosopher may predict concerning rome , and particularly varying from the prophecy , that it was to be destroyed by fire , may soretel romam fore luce delendam , and as tully's words are in his book de naturâ deorum , opinionem commenta delebit dies , veritatis judicia confirmabit . and thus too it is easie to predict that the light of reason and experience will forever blot out here the innovations that came from geneva as well as those from rome . the jewish rabbins have from the words of the sol iustitiae arising with healing in his wings , introduced a proverb of the sun ariseth , the infirmity decreaseth , meaning thereby that the diseases that make mortals groan and languish in the night , are somewhat abated by the rising sun : and thus the state of our nation will be attended with greater health on the decay of presbytery's kingdom of darkness . the walls of its iericho are fallen down flat with the sound of the trumpets of the dissenters own sayings , so usefully published . tho i have said enough to speak my opinion of all dissenters to the discipline of our church , not owning such sanguinary principles as are chargeable on some papists , yet the dissenters sayings have proved enough what some of their principles were . nor can it be forgot that king iames did very justly in the conference at hampton court , accuse the notes in the geneva bible to be seditious and to savour of traiterous conceits , and that he instanced there in the notes on exodus . . where they allow of disobedience to sovereign kings and princes . as absurd as that tenet beforementioned in the decrets , and there founded on the th of deuteronomy is , i would wish no presbyterian to insult over any papists for it : for it is visible in no meaner a book than the assemblies annotations on zechary . . where the father and mother of a false prophet are commanded to say to him thou shalt not live , and 't is said , his father and mother that begat him , shall thrust him through when he prophesieth . the comment on the words , thou shalt not live affirms , that the equity of the law of deut. . . . remains under the gospel : and with less danger is a thief , an adulterer , a witch tolerated than such an heretick and seducer . the present pleading for liberty of conscience in preaching and practice is a thing extremely shameful , dangerous and destructive : and the comment on the the words his father , &c. is , his parents themselves shall not spare him , preferring therein their zeal and piety towards god before the affection and love which naturally they bear toward their own children . see deut. . . . no less zeal is required under the gospel than was under the law. i pray god deliver all mankind from the cruel rigour of the equity ( as those divines term it ) of that iudicial mosaic law binding under the gospel : and from that kind of zeal binding under the gospel that did under the law , by virtue of the th and th verses of that chapter , and from the th v. of which chapter the obligation for firing heretical cities was as well deduced by the pope . the church of england illuminates us with better doctrine , and our reverend bishop sanderson tells us in his th lecture de obligatione conscientiae , that no law given by moses doth directly and formally , and per se ●ind the conscience of a christian , i. e. as it was given by moses , for that every mosaic law as such was positive , and did oblige those only it was put upon , i. e. the iews , and shews that the precepts of the decalogue oblige , not because moses commanded them , but because of their being consentaneous to nature , and confirmed by the gospel , and so doth manumit the christian world from the yoke of the iudicial law that was made only for the stiff necks of jews . calvin himself on that place of zachary . . doth blunder as shamefully as did our assembly men : for he there makes the penal jewish laws to bind under the gospel . his words there are these , sequitur ergo non modo legem illam fuisse iudaeis positam , quemadmodum nugantur fanatici homines , sed extenditur etiam ad nos eadem lex , and himself was in this point the fanatick , and not the contrary opinors : and deniable it is not , that several of the calvinistick and lutheran divines beyond sea did imbibe the error of hereticidium from the same mistaken principle of monk gratians , namely , that the penal●severe jewish laws were obligatory under the gospel : and tho no presbyterians ( that i know of ) were here arraigned for any design to fire our metropolis , and some fanatical fifth-monarchy men only were arraigned , convicted , and executed for such a design ( and whose names i think might on that account have been properly enough engraven on the city monument ) yet of the out-●age of our presbyterians having actually fired the church and state with an intestine war , the whole kingdom is a monument : and where now their principles are so seen , and seen through , that i believe any other such inhumane ecclesiasticks as many of our former presbyterians were , will be ashamed to appear among us . their assembly is adjourned to the grave , and no divines will ( i believe ) in any future course of time find the people of england willing to have s. a day , the wages of each in the parliaments synod , allowed to them for endeavouring to bring our consciences under the mosaic pedagogy : and the noise of the world from hammers of hereticks either in any presbyterian synod in england , or in any new popish general council beyond sea , will ( i believe ) be utterly over . and tho perhaps the centum gravamina did heretofore cause the last pretended general council to be called , i mean the famous tridentine one , i may , looking on the course of nature , conclude , that there will never be any general council more ; and that not only for that the pope hath been hors de page , since the breaking up that of trent , but because that having been revera a council of pensioners , and having stood the papacy for pensions in crowns a month , ( i. e. in l. sterling ) and having put the popes to that charge during its sitting for years , as it is easie to calculate how much in pounds sterling that council cost the popes in all , so it is as easie to foresee that if the pope should have occasion for the fellow to that council , he would not have that quantity of money to spare for the same . there is another thing that i may from the course of nature fortel much quiet to my prince , and happiness to my country by , and that is the extermination of all mercenary loyalty , and of an inglorious loyalty-trade as well as of a religion-trade , and mens not thinking they are to have offices or donatives for not being villains , or that by monopolizing to themselves the name of the loyal , they should expect therefore a lucrative monopoly , the which would stain their loyalty indeed , and make it as null and void as any monopoly : for the word loyal being used for lawful , he is not homo legalis in one sense , who is bought to be just . the apparent vast number of the kings subjects rendring them too many to hope all for largesses , and the too great probability of the future state of england according to my notion , requiring for the support and defence of the government , all that to be employed in order thereunto , what giving parliaments can well give , will make people ashamed to cling to the royal-oak like ivy , and by preying on its vigour make it the less able to give shelter by its branches . i was overjoyed with a piece of news a gentleman sent me , namely that he discoursing once at dinner with the lord hide , the first commissioner of the treasury , concerning the insolence of some mens expecting to be rewarded by the king , for not doing mischief to his government or revenue , his lordship occasionally mentioned somewhat to this effect , viz. that the trade of ●●ch men was now broke : there will now be no more taking off of men as the word was : and if by his lordship's advice to his great master , the resolving against taking off of men by pensions and rewards , was settled as a new fundamental rule in the english politicks , as i am informed it was , i shall think his lordship deserves to find an everlasting triumph in the history of the age , and to be more honoured by england than if as commander of an army he had vanquished very many thousands of its enemies : for that the taking off of hydra's heads by gifts ( as was beforementioned ) would be an endless work , and the ill effects thereof inclusive of so much hostility to the publick , would be innumerable . but god be thanked the king by the political conduct of this his minister is now made victorious over all those enemies : and if i had heard that any near his majesty had moved for a day of thanksgiving by reason hereof , i should not have wondered at it ; the thing being of so great importance to england . and no doubt but the shame of any mens diminishing the royal revenue by begging from the crown will be the greater , when the necessary improvement of our land by our numerous people shall have enriched as many as deserve to be so , and when to all , who are industrious , there will every where be multiplex praeda in medio posita , and the effects of diligence fill all hands with profit , and eyes with pleasure . this is one kind of a new heaven and a new earth , that perhaps we may shortly see in old england , and when men shall by enquiries about religion design only lucriferous experiments , and not luciferous as my lord bacon's phrase is ; and men shall improve their fortunes by the improvement and culture of the earth : and to this effect we find the prophecies of prosperity to the iews in the old testament expressed by the trees yielding their fruit , and the earth their encrease , the seed shall be prosperous , the vine shall give her fruit and the ground shall give her encrease , the earth shall hear the corn and the wine and the oyl , &c. and they who are now by seducers that augment wild fears and jealousies directed to look up for strange prodigies to the sky , will need no monitors to behold with joy the unusual fruitfulness of the cultivated earth : and therefore i think that one philosopher looking on the future state of england may well say to another , aspice venturo laetentur ut omnia saeclo . then shall men on the account of profit turn their swords to plough-shares , and the religion-trading false prophet baffled by fate , shall then say as 't is in zachary , non sunt propheta , agricola sum . i do not wonder at some mens menacing our english world with ill news from fate . it is no irrational thing to suppose that the false prophets in all ages did often find it turn to their private account to foretel evil rather than good to kingdoms ; for that many might hope to mend their fortunes by the publick ruines , and would therefore be well pleased with the predictors of ill to the publick , and would celebrate the predicters ; and therefore it was not without cunning contrived that the prolation of events by the ancient oracles , should be in a double sense sometimes , because it might then be a moot point whether the party of those that desired the quiet or disorder of great bodies of people was most considerable . the most sagacious sort of false prophets whose chief business it was to be true to themselves ( as the falsest dice of gamesters are most true to the users ) did often choose to alarm the people with disastrous events : and thus the witch of endor chose to make the shamm-samuel entertain saul with the prediction of his and his sons death the next day . but 't is time for us to follow that great admonition of beware of false prophets , when we hear so many foretelling us , as by inspiration , of nothing but lamentation and weeping and great mourning in england , for the continuance of the decay of trade , and unavoidable ruine of the protestant religion , and when many such deluders and counterfeit lachrymists cannot ( i fancy ) about our weeping on this account , take their measures together without smiling , according to that say of tully , potest augur augurem videre & non ridere ? it is a very great saying of tully's in his d book de divinatione , nam ut vere loquamur , superstitio fusa per orbem oppressit omnium fere animos , atque hominum occupavit imbecillitatem . and as wise as socrates was , yet in xenophon he disputes that , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , and oracles were necessary to the preservation of common-wealths , and plutarch doth alledge experience in confirmation thereof ; and the murmuring iews thought themselves ill used by providence when the age wanted a prophet among them , tho yet the prophets were so frequent in denunciations of wo to them , and like seamen they liked weather that was somewhat like a storm , rather than to lie in the world becalm'd . 't is said in psalm . there is no more any prophet , we see not our signs . and as much as superstition had in tully's words , dasterded almost all mens spirits , yet the cheat of the augury was so contrived and diversified as sometimes on occasion to heighten and enlarge them , and in effect to enlarge the empire it self . augusto augurio postquam inclyta condita roma est . but many of our augurs endeavour only to enlarge our fears and jealousies , and to intimidate our spirits and to render the genius of the nation less august , and only to enlarge their own fortunes . but the ill ominous birds are flying away : and the many loyal addresses with which the land re-echoes , and the avowed readiness of so many good men to serve the best of princes with their lives as well as fortunes upon occasion , import the best of auguries to england , and such an one as homer mentions , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . i. e. vnum augurium est praestantissimum , pugnare pro patri● : and to which verse of homer , tully probably intended a reference when in his de senectute he said , optimis auguriis ea geri , quae pro reip. salute gerentur . your lordship hath formerly among the great transactions of your life shewn your self a noble adventurer , for the honour and danger that this kind of augury can import , and particularly by your carrying at once your law in your head , and your life in your hand in the sight of a party that had been so successful with their swords and even to wind-ward of all others by inspiration , and when the conduct of your politicks so highly advanced your prince's restoration , and so much helped to effect the quashing of all the furious prophecies of monarchy ceasing in england . not without apologizing for my guilt of a solecism like his who discoursed of war before hanibal , by my having so largely addressed my sentiments of the future state of england to such an oracle as your lordship , i must at last say , non ego sum vates , sed prisci conscius aevi , &c. and have only taken my measures from natural causes , and judging of things to come by what have been , and by nature's most firm constancy to it self , and things not being ill administrable ; and at this rate can further very safely predict that according to iuvenal , nunquam aliud natura , aliud sapientia dicet . and moreover i have in my predictions of the future state of england interspersed many remarks that may be directive , and naturally tend to enrich the land and advance its trade and industry ; and thus i do account that our writers of almanacks do some way compensate the loss of peoples time employed in regarding how they turn the hand of the lottery of fate round the world , and foretel various revolutions and events here at home and abroad , by their likewise telling them in what months to set quick-sets and fruit and timber-trees , dig gardens , fell timber , uncover the roots of trees , and to trim all sorts of fruit-trees from moss , canker , and superfluous branches , when to transplant trees and when to remove grafts or young trees , and when to sow all manner of garden seeds and herbs , when to sow wheat , and to sow hemp and flax , and by raising in them rational expectations of the future state of the earth meliorated by its culture . my lord , according to the common connexion of thoughts , it here comes in my way to think that it is usual in the scripture and in several books , to express the sense of placing notions and tenets and doctrines in the world , by the terms of seeds and plants , and the spreading of the same by the growth encrease and propagation of plants , and the ceasing of them by the terms of decrease , withering or extirpation . our saviour's parables of the sower , and some seeds falling by the way side and being devoured by the fowls , and some falling upon stony places where they had not much earth , and forthwith springing up because they had no deepness of earth , and being scorched when the sun was up , and because they had not root withering away , and his indication of false prophets by the similitude of trees , and knowing them by their fruit , and his reference to false doctrines , when he saith , that every plant which my heavenly father hath not planted shall be rooted up , and his expression of false religionary notions by tares in the parable , are known to all conversant with their english bibles , as is likewise his resembling himself to the vine , and his father to the husbandman , and his saying , that every branch in me that beareth not fruit he taketh away , and st. paul's calling the church god's husbandry , and when he tells the corinthians of his planting and apollos his watering . and we have heard enough of a collegium de propagandâ fide , among the romanists , and their many laboured points de extirpandis haereticis , and of the exterminium haereticorum : and of their arts to ex●irpate whatsoever religionary notions they are pleased to call heretical , and of nature in this realm having extirpated those arts : and we know how naturally protestancy did shoot up again in this our soyle under queen elizabeth's reign , after its being cut down near the ground in queen mary's : quippe solo natura subest : and accordingly iob regarding the nature of the soyle saith , there is hope of a tree if it be cut down that it will sprout again , and that the tender branch thereof will not cease , tho the root thereof wax old in the earth , and the stock thereof die in the ground , yet through the scent of water it will bud and bring forth boughs like a plant : and the hand of the god of nature kept her hands from extirpating it : and the irrigation of nature wrought more powerfully than her fi●es , and the scent of water made sagacious , loyal protestants with their lachrymae verae and lachrymae antiquae presage the growth of protestancy : but as our laws now are and likely forever to be , protestants here may not only take their measures of the natural duration of their religion , from the similitude of the sublime prophet , viz. as the days of a tree are the days of my people , but from the stability of the lex terrae and the very earth . i have before spoke of the papal power ending in england under harry the th , per simplicem desinentiam , and by the power of nature : and without the midwifery of the trouble of his conscience , or any artifice in troubling the divines and academies of christendom about his marriage with his brothers relict , the birth of fate would by necessity of nature have ( i think ) happen'd as it did . alas ! his marrying her , who had been his brothers wife , was only against the iudicial law of the iews , and i am sure was not against the law of nature , as all granting the law of nature to be indispensable , and the necessity of cain and abel marrying their own sisters , and gods commanding them to increase and multiply , and god's calling sara abraham's wife , who yet was his sister , ( when as that matrimonial contract if it had been against nature had been null ) and granting likewise that god , who never commanded any thing against the law of nature , did yet in the levitical law command a brother to take his brothers wife to marry her , and to raise up seed to his brother , must grant : i therefore concluded , that without harry the ths either having any conscience or any trouble in it , the weakest pretence in the strong hand of nature would have been an effectual weapon , to have then beat down the papal power in england , it was nature that did , as i may say , raise up that strong seed at that time both in england and germany and elsewhere , that ended in the divorce of england ▪ and many territories from the papal power . and to resume the comparison of the seed of plants , 't is obvious to us to consider that while our ships royal were formerly made of the oaks in our forests that were generally self-sown , that is , such as sprang from acorns dropping from trees , or that birds in their flights let fall , it may be said that those materials for rearing the walls of the kingdom , were themselves reared by the hand of nature , and that those seeds falling in a soyle proper for them , and by the forest laws guarded at first from the fe●t of men or beasts , and by the autumnal rains naturally beaten into the earth , and defended by the procerity of many other trees from the injuries of the wind and sun , were by the husbandry of the god of nature brought within the high style of arbores dei , as the psalmist's expression is . and moreover while it many times happens , that we see one timber tree grow out of the body of another , and particularly an oak out of a beech ( and which may be well supposed to have so happened from an acorn dropt by a bird into the hollow part of a decaying beech ) and there meeting with a reception from the putrid parts of the beech , and the rain there furthering its passage downward ; and the dews there watering it from heaven , and the beech fencing it conveniently from the wind and sun , the stem of an oak doth there naturally shoot up , and as naturally pierce its way for its strong branches through the sides of the beech , and work its root into the ground through the root of that tree , and in time causeth it as certainly to be thrust out of nature as it could have been by any extirpation ; and when a decaying oak is thus powerfully vanquished by the seed of a less famous tree , ( as to this purpose we are told by mr. evelyn in his excellent discourse of forest trees , that persons of undoubted truth have asserted it , that they have seen a tree cut in the middle whose heart was ash-wood and the exterior part oak ) we may justly say that nature did produce all these effects . and the energy of nature thus casually causing one tree to penetrate through another into the earth , and there without noise forever to displace it , is as perfectly applicable to religionary tenets and doctrines : and thus ( as i may with a running view observe ) the seed of the christian religion , being ( tho from some mean and obscure hands ) dropt on the decaying great trees of iudaism and paganism , presently wrought it self through their bodies and roots ; and afterward the nobleness of the temper of the primitive christianity decaying in the world , that religion , whose heart of oak had lasted so long , and outbraved all the storms of persecution , was yet pierced through by arrianism : and arrius perplexing the simplicity of the christian religion with such intrigues of vain philosophy , that instead of converting mens hearts turned their brains , and even constantine's own ( as appeared by his banishing athanasius , and then recalling , and then banishing him again ) and when the christian divines vexed every vein of his heart more than they did iulian's , and very laudably in his council of nice presented him with lampoons one against another , and christianity so soon proving top heavy when 't was made the state religion of the world , and athanasius himself was at length the only sober party , and when the arrians happened to be the first christians that persecuted men for religionary tenets , ( and as grotius in his de iure belli , l. . c. . tells us , in arrianam haer●sin acriter invehitur athanasius , quod prima in contradicentes usa esset iudicum pot●state , & quos non potuit verbis inducere , eos vi , plagis , verberibusque ad se pertrahere anniteretur , and did bastinado people into conversion ) and when the orthodox christians had groaned longer under the arrian persecution , than they had done under the pagan , and when the christian religion whose precepts do so nobly transcend the morality of all others , did shortly after appear in the world with such a figure of a dotard tree as gave salvian cause to exclaim , praeter paucissimos quosdam , qui mala fugiunt ▪ quid est aliud omnis coetus christianorum quam sentina vitiorum , it was but congruous to ●ature that those rapacious birds of prey the mahumetans , dropping the seed of their new invented religion on the christian as decayed by arrianism , that it should so soon work it self through all its parts and roots in asia and africk , and that the crescent there should so powerfully d●ive away the cross. and thus too , when italy was over-run with the barbarous nations partly of the pagan , and par●ly of the arrian belief , pag●nism and arrianism being then dotard trees in the world , the seed of the christian doctrine falling on them from the pious and learned hands of gregory the great , did easily work through them , and for the conversion of them , and likewise of our english nation , about the year from heathenish idolatry , the greatest celebrations are due to him : and no wonder if the papacy then yielding so good fruit , did then cast so venerable a shade in the world. but that tree afterward being observed to degenerate and decay , within six years ( as the general observation of our apocalyptick men is , ( valeat quantum valere possit ) and who thus tells us of the aetates antichristi , viz. nascentis in bonifacio circa ann. ; iuveniliter exultantis in . consilio nicaeno , anno. . regnantis in hildebrando & successoribus post an. . triumphantis in leone decimo , ann. . vltima senescentis est : and say , that shortly after it began to be consumptive , ) and the decays of it being obvious to the view of the gazing world , and the branches of the lutheran and calvinistick tenets appearing through its sides , the quiet and gentle order of capuchins was invented for the praying for its growth and flourishing in the year . and ten years afterward the active fiery order of the iesuites was invented to extirpate the men that wished ill to its growth , and after that the fathers of the oratory were set up to extoll and preach up the tree , but nature would not be extirpated : the potent seminal virtue of the rational religion dropt on the tree of the other , hath passed its roots through and through , and ( as i may say ) transubstantiated it self through them , and rooted it self deep both into the intellectual world , and into states and kingdoms and their laws , and will in time probably leave not one fibre or capillamentum of the roots of the irreligionary part of the tenets of popery remaining in nature : and shew the world that the schisma anglicanum that sanders and other papists cry out of as so unnatural , was a mere natural scissure or rupture of the parts of the decaying tree of the church of rome , that came to pass from the seed of the protestant religion being cast thereon . and such a natural scissure hath the religion of the church of england made through the sides and roots of protestant recusancy : and the seeds that by the hands of non-conformists , probably guided by iesuites , have been laid on the royal-oak of the church of england , which they vainly thought decay'd , were in effect thrown away : and as the old prophetic fiction represents it , that every great tree included a certain tutelar genius and still living with it , it may be said that nature it self is the tutelar genius of that plant of renown , that ( according to the scripture expression ) we may call the church of england , and will ever live with it . the numbers of our non-conformists are daily decaying , and the names of their tenets will probably be in a short time forgotten . we are told in townsend's collections that sir walter raleigh mention'd it in one of the parliaments of queen elizabeth , viz. in anno . that there were then near brownists in england : a number somewhat near as great as that of the papists to be estimated from the bishops survey . the name of those schismaticks is evaporated , and their tenets are not more known or enquired into by the populace , then are the heresies of the bardesanistae , the aquei , the abelonitae , the messaliani , and some others . as was remarked concerning the late non-conforming divines not having bred up their sons to non-conformity ; the same thing is much observable among the lay-dissenters , and that their children do not generally imbibe their parents principle of dissentership ; but rather the contrary . the gross of their numbers always consisting chiefly of artisa●s and retail-traders in corporations , ( where before the king's restoration they were numerous ) and naturally hating popery and its parade of ceremonies , cannot but be sensible of the sharp hatred against the same in the professors of the religion of the church of england , as by law established ; and how vastly such professors do every where over-shoot the dissenters in numbers : and how the seed of the church of england hath as naturally and with as much ease pierced through the body of theirs and dissolved its roots ▪ as doth the seed of an oak often growing in the body of a decayed willow . the times were known in the reigns of queen elizabeth , king iames , and king charles the first , and likewise since , ( till within these late years ) that some states-men when their court-interest was decaying and in danger of extirpation , could , by wheadling dissenters into a belief that they would plant their perswasion in the church , plant themselves the better in the state : but ( humanly speaking ) such conjunctures of time will come here no more : and the seeming eradication of such a religion-trade in church and state , is a strong indication , that our heavenly father or ( as i may say ) the god of nature never planted it . but if there were no laws in being to extirpate any dissenters schism , or separation from our church , or to mulct or excommunicate the obstinate separaters , or if any of those laws were never executed ( as through the vigilance of our magistrates they have been ) yet is there one apparent way whereby the conformists to the church of england could now as easily lessen their numbers , and consequently extirpate their potency every where , as they can frame a thought or resolution to do it , and by no other engine than that with which our universities of oxford and cambridge batter the contumacy of particular towns-men , namely , not by excommunicating , but by discommuning them , that is to say , by forbidding the scholars to trade with them . their own forbearance of buying from conformists the wares that those of their own sect do sell , may reasonably invite such a re●aliation . while heretofore they were so numerous in england , their congregated churches helped many of the mean artists and poor traders thereof , with the pretence of liberty of conscience to force a trade by combination among themselves : and their doing it then turn'd to some account ; but would now be altogether insignificant in this wane of their numbers . and thus without sweat or blood , or one information brought on penal statutes , or the least occasion or colour for their out-cry of persecution , may the many millions of conformists here humble the comparative handful of popish and protestant recusants both in corporations , and out of them too when they please , and in effect reduce them to the condition the many empericks in our land would be in , if they only sold physick to one another . i affect not to be a propounder of any new law , or of the execution of any old that may give the least addition of trouble to any member of the realm , whose principles and practices are not justly suspected to threaten the disturbance of the whole : and my being informed by some of my correspondents , who are very impartial observers of things , that many of the dissenters of this age have made the press send forth several of the antimoniarchical principles of the former , and as if they designed to revive its rebellion , and that tho the same laws that have secured our religion , have likewise secured the power of the militia solely to the king , and enacted , that it is not lawful on any pretence to take up arms , &c. yet that the government is justly apprehensive of many dissenters and their pastors , owning the former doctrine of resistance , i could wish ( as i did in behalf of the papists ) that they would themselves offer to his majesty's consideration such a way of a test or assurance of their being become sound parts of the state , and that they aim at no power of disturbing it ; and as to his royal wisdom may appear substantial and satisfactory till they do so i wish that not only the magistracy but all private loyal persons would have such a regardful eye on them as is had in foreign parts on those that come for prattiques from infected places , and bring no letters of health , and that they would have prattique or commerce with such of them : which would soon enforce them to live by themselves . i have in this discourse already acknowledged it to your lordships just praise , that you are not of too narrow a spirit or principles as to protestant dissenters , as supposing that you had such sentiments of the usage fit to be afforded to some of them , that our learned bishop of winchester own'd in a letter to your lordship , which you once shewed me : and i was as ready to be their excusator as any of the church of england could be till i saw their ingratitude so instrumental in cancelling the declaration of indulgence : and still out of a natural inclination do , as i said in the case of the papists , wish them all that share of the royal favour that would not undo themselves and others : and ( as i said in the case of the papists ) do suppose the continuance of the old laws against protestant recusants necessary in this conjuncture , that the king in whom the executive power of the laws is lodged , may sharpen the edge against any one of the party that should be an aggressor against the peace of the kingdom , and especially considering how often many of the puritans have took the advantage of the publick pressures of the crown in former ages , and that while it was in procinctu to withstand a foreign invasion . my lord keeper puckering's observation of their temper expressed in his memorable speech is known to all : and the present apprehensions in the government of danger from dissenters , have sufficiently evinced the prudence of his majesty's measures in not repealing the penal clauses in our statutes against protestant recusants . when they who were regarded as weak brethren , do now fortiter calumniari and libel the government , and call whom they will iulian , 't is necessary that the prince by having the power of the penal laws in his hand , should be able to discriminate those who have not yet discriminated themselves : and in the case of persons stupid and perverse , 't is fitter that children should be lachrymists than old men . when the divines of the church of england have of late from one end of the land to the other alarmed the people with exhortations against disloyalty , as loud as those in a late conjuncture against popery , and the king's ministers were informed of the altum silentium , in the conventicles as to any making the english bibles there support the rights of our english kings , and that the iulians there were apostates from the principles of the non-conformists in king iames's time , and had forgot how reynolds , whitaker , cartwright , dod , traverse , &c. had in their writings disowned the assigning it as a cause of the primitive obedience , quia deerant vire , and that a new sect of false weak brethren had learned to urge the deerant vires , 't was time for the king to keep the strength of the old laws in his hands , and occasionally to arm them against the petulant insolence of any seditious protestant or popish recusants . i have been far from recommending in this discourse the exterminium haereticorum , or extirpation of any recusants : but have endeavoured with the sedateness requisite in a philosophical or political disquisition , to give my judgment of the natural causes that induce me to expect the extermination only of things , or principles relionary , and indeed to speak more properly , of that part of mens principles only that is irreligionary and against nature , and to expect such parts being luce delenda . i expect not that all the debates of the religionary part of presbytery should here among all men cease , tho yet i have conjectured that they who should write professedly of that subject here would want readers , and as i believe too discoursers of the latitudinarian hypothesis would likewise : and do think that many little religionary speculative notions about the meaning of some obscure passages in scripture may to some of our dissenters seem great , and employ their time in debates , and as when the famous ainsworth and broughton heretofore had before their congregations of dissenters who went hence to holland many and fierce disputes about the controvesie , whether aarons ephod were blew or sea-green , a controversie that puzzled all the dyers of amsterdam , ( as fuller says of it in his church history ) as well as it did our separatists there , that took so much pains to be therein illuminated , and which i think the light of a farthing candle brought in any night among them , might have easily settled ( or as i may say deleted ) in regard that blew and yellow making a green , the yellow of the flame of the candle would have made what appeared blew by day , to have seem'd green at night , and prevented their further anathematising one another as schismaticks about the same . and as i beforementioned it out of a late book of a divine of the church of england , that some of the reliogionary parts of popery he instanceth in , viz. invocation of saints , transubstantiation , purgatory , are and will be learnedly and voluminously defended to the worlds end , i believe the same may be so in popish countries abroad , and that the same will be believed by many persons here , tho yet the voluminous discussion of the same hath long been ( and is like to be ) out of fashion here , and reflections on the same en passant , or only in short treatises may be thought by our divines sufficient to guide their auditors from mistakes therein , and effectually to confute : and i believe that our english church will never be troubled with the growth of the doctrine of transubstantiation under any prince , we may have who shall believe it , nor of the doctrine of consubstantiation under any prince of the lutheran perswasion , nor of calvin's horrendum decretum relating to reprobation ( as 't is call'd ) under any prince that may believe the doctrine of calvin , tho yet till the peace of munster the timid people of the lutheran and calvinian religions hating one another more than they did papists abroad in the world , were so much imposed on by fears and jealousies in case a lutheran or calvinian prince should by the right of lineal descent come to rule them . but the munster peace has taught them better things : and should i ever hear that any roman catholick prince here did according to the power by law reposed in him , relax some of the penalties of the law in case of recusancy , that as things now are , recusancy would not be thereby rendered considerably prolific with converts . tho i have given my opinion as beforementioned concerning the fact of the encrease of the number of the papists in the conjuncture of the declaration of indulgence , and do not think fit to alter it , yet i can tell your lordship that a person of great sagacity who i believe considered the state of their numbers ▪ here then very carefully , and entirely believe what he published thereof in print , i mean the author of the catholick apology with a reply , &c. there saith , that during the year . ( and which he calls a year of peace ) there was not one priest , one mass one conversion more in england , than in the year , . or any other time of trouble . i have in this discourse spoke of such a perfect hatred against popery as may always consist with a perfect love to papists , and cinge not a hair of their heads more than a lambent fire . i have acknowledged the great mortifications austerities and zealous devotions , not only among many of the religious orders of the church of rome , but of the common people , and have allowed a sober party to the iesuites themselves , and have reason to believe that bellarmine himself , that hammer of heretical princes , as his works shew him , was yet of so soft and gentle a disposition as would not permit him to hurt a fly or tread on a worm : and i have reflected on no other principles of the iesuites , with any sharpness than what the present pope hath done , and which the court of inquisition at rome or elsewhere would have allowed me to do : and i have been as i still am so free from any thing of rancour or acerbity in my principles , relating to the usage of the papists that an english priest of the church of rome , the author of the remarkable book beforementioned , called the advocate of conscience liberty , or an apology for toleration rightly stated , published in the year . ( and the most considerable book that had for several years been writ in favour of the roman catholicks , and a book our learned dr. stilling fleet refers to in a very excellent printed sermon of his p. . and called , the reformation justified , and preached before the lord mayor of london ) doth me the honour there to adopt as his own several sayings of mine , he found in a printed discourse of mine that was disswasive of the use of force in matters of religion , and gave me occasion when i read some passages in his th , th , th , th , d , th , th , d , th pages there , to call to mind that i had read them elsewhere : and much good might any thing in my writings do that author , and he was as welcome to them as if they had been his own : and i am sorry that his not citing an author where he should have done it , was accompanied with another misfortune of citing one where he should not , i mean his in p. . citing of d' ossat . he might have cited another passage of mine against hereticide as being impolitic if he had pleased to have took notice of it among its fellows , and where i observed , that the putting of the roman catholick priests here to death , did propagate their religion : and that that faith was given to the assertors of popish opinions , because they were dying , which they could not have drawn from me but by raising the dead . i still own what in p. . he partly cites of mine as said by another author , that if it be not lawful for every man to be guided by his private iudgment in things of religion , 't will be hardly possible to acquit our separation from the romish church from the guilt of schism , &c. and if any papist shall as to any tenet that can properly come within the denomination of religion tell me , that his private judgment guides him to receive the guidance of the church of rome , and that therefore i a protestant ought not to be inclined to bear hard upon him on the account of such adhesion to his private judgment , i shall own the argumentum ad hominem so far as to tell him that i am not inclined eo nomine to he severe to him . and now my lord , because it hath been so ●ust●mary in the authors of large discourses to bestow on them a short review , that it would appear sullen●ess in me not to follow them , and because it would be an irreverence to your great judgment in me to present any thing for you to view once , that i had not resolv'd to view twice , i intend to improve some intervals of leisure hereafter in reviewing of this discourse , and shall explain some passages therein on occasion and add others : and if i doubt of any thing particularly in the various matters of calculation herein contained ( and of many of which few or none perhaps have written ) or shall alter my opinion therein , or in any thing else , i shall acquaint your lordship why i do so ; and do as much value my self on my natural temper of acknowledging a quick and ready assent to any proposition of reason that convinceth my understanding ( how contradictory soever the same may be to any former notion of mine ) as any man can value himself on his thinking he never erred , or on his abilities either by eloquence or sophisms to make others think so , and to make them erre with him : and do still account this to be one of the best properties in the best ship , namely , the soonest to feel its rudder : and do think , that as none but cowards are cruel , so none but dunces are positive . my lord , after the efflux of the various intervals in which this discourse was written , it having happened that the papists are to the general satisfaction of impartial judges of men and things , become as found a part of this nation as they were and are of the dutch states , ( and as throughout this discourse i always supposed them capable of being ) and that the body of them is as loyal as can be wished , and likely forever so to continue , and that none but the factious would have them now to groan under the penal laws as formerly , i will not despair of many of our dissenters improving hereafter in principles of loyalty , as likewise of conformity , but hope they will really deserve to be thought as loyal as they were so de facto , by many greater judges than my self at the time of the beginning of this discourse , and when so many in our loyal parliaments were so extravagant in their charity to dissenters , as to think that st. peters ship was the only fire-ship , and non-conformity a quiet trading merchant-man , and being hared with fears and jealousies of popery , were so eager to have the very laws against protestant recusants repealed . but as i hinted the distinguishing between popish and protestant mathemat●cks to be absurd , and as a gross error about proportion or numbers would appear more ridiculous in archimedes than in an ordinary mathematician ; so true protestants non-sense or true protestants rebellion is to be no favourable case : and the name of protestants must not more than that of the society of iesus be allowed as a charm to raise the devil of rebellion . when luther and those who of old deserved the name of true protestants abroad as great co-workers with nature , in introducing the reformation of religion , were almost deafen'd by their papal adversaries out-cryes of the tunica inconsutulis , and when particularly as sleidan tells us in his commentarys , granvill the emperors deputy in an harangue he made to the citizens of wormes did so passionately conjure them , that they would not tear christ's seamless coat , the protestant populace was so far from being aw'd out of their way by those words , as that they gave their adversaries the name of inconsutulistae , or the seamless men : and as little will any of our false and jesuited rebellious dissenters effect any thing but the abuse of the name and thing of protestancy , and the ridiculing themselves by their usurping on a pretence to be trve protestants . it comes here in my way to observe that some of our dissenters and other nominal protestants , who are so apt without sense or reason to call others enemies to the king and kingdom , have really appeared such to both , by their having so much encreased divisions in our state as well as church , and by their having been the aggressors in the dividing the populace here by spightful calling of names , which yet i have not thought fit to mention in this discourse , and whereby the loyal have been forced some way to retaliate , not only out of a generous scorn , but that they might speak intelligibly : such aggressors have likewise notoriously contributed to the divisions in the kingdom by their too much encouraging the plot-witnesses ( and particularly that recorded profligate who so desperately perjured himself in the case of your lordship , and the earl of peterborough and a high-born prince ) and by extreme acerbity and rancour relating to the persons of papists . but their most fatal injury to their country hath been their weakning its reputation ( a thing which kingdoms must necessarily subsist by , as well as private persons ) through their studied artifice of making a popish plot to be thought so long lifed , and when england's reputation for its strength , or which is all one for its being united within it self , was much more necessary for its well being , than in any conjuncture of time that perhaps ever happen'd . considering therefore that the present state of england doth , and that the probable future state of it will call so peremptorily on all his majesty's subjects to preserve their country by the exterminium of all divisions , as i think i have not brought any disreputation to my own judgment by adventuring to predict the necessary growth of l●yalty making all england to become in time one sober party ; so i am sure i have provided for the reputation of my country thereby as well as i could . i am not so angry as to think that many of our religionary recusants will either on the account of the divine prayer of the holy iesus for the uniting his flock , or of any scripture-predictions of the more pacific temper that christians shall at last be blest with , be thus inclined to endeavour to shew themselves ( as i may say ) honest inconsutulists , and to forbear dividing our realm as formerly : but by their interest so visibly and palpably concerned in the strengthening the kingdom , i suppose necessity of nature may be instrumental in the accomplishment of such scripture-predictions : and just as the interest and concern of the souldiers in the gospel who hoped to have christ's seamless coat come to their share , inclined them not to rend it and to cast lots for the same , and whereby the scripture was fulfilled as is said in the gospel . i have mentioned it out of the scripture that the stork knoweth her appointed times , and the crane and the swallow observe the time of their coming : and i may ( thinking of a great prince abroad ) add , that the sight of a numberless flock of stares making somewhat like a cloud in the air , and safely flying close together , while there is a falcon towering above them , will direct the populace of several parts of christendom to loyalty and to the natural garranty of vnion at home under their respective governors , whereby they will be effectually preserved . as i have in this discourse entertained your lordship with somewhat like a short historical account of the accidental encrease and natural decrease of the numbers of the papists in several conjunctures since the reformation , so i shall in my intended review with the like of those of the non-conformists , and impartially take notice of the respective conjunctures of their petulant insolence : and whereby i shall shew to what strange principles of out-raging our municipal laws they were gradually abandoned . as a specimen hereof i shall observe , that ames a learned dissenter of the former age , in the preface of his puritanismus anglicanus , printed in the year , speaking of the sufferings of the clerical dissenters , saith , that the crime they were adjudged guilty of in england was , quod obstinaverunt sese contra leges : and then goeth on to ask , sed quae tandem illae quarum gratiâ & vi tot fideles & aliàs inculpati ministri sunt bonis omnibus sedibusque pulsi ( nam ex altari vivebant ) dignitatibus & functionibus suis exuti , faedati etiam existimatione ? sunt autem ne nescias non fundamentales regni leges ▪ non vetera majorum scita aut consulta , quorum summam brevem in magnâ ( ut appellant ) charta conscriptam habemus : haec illi religiosissime colunt : horum fidem implorant ; sed canones nescio qui in legum fraudem dolo malo confecti , à parliamentario senatu damnati , vere sontici , quos denique adversus ministros inviti , & non sine pudore & in alios culpae trajectione , exercent authores ipsi , &c. but we may with horror ask , what kind of laws is it , that those have outraged since , and some of them since the year , and since a particular law hath declared the militia to be solely in the king ? i most humbly take my leave of your lordship at present , and am , my lord , your lordships most faithful servant . to the right honorable the lord marquesse of halifax . my lord , according to the common civility of ships paying a salute to the forts on the coasts they come near , the course of my handling the following subject necessarily giving my thoughts an approach to the considering the great use that providence not long ago made use of your lordship's great abilities as a fortification for the defence of the hereditary monarchy , i have held it here but common iustice to congratulate to your lordship your heroical loyalty and great success therein on one memorable day . it pleas'd god , in whose book the members of mens bodies , and talents of their minds are written , then to call forth your head , and heart , and tongue , your flowing elocution , your fixt iudgment , your great presence of mind and thought , your comprehensive knowledge of the past publick affairs at home and abroad , and even the generous ferment in your blood , and to put them all to signal use in preserving the whole body of the kingdom . your lordship's goodness was herein the more god-like , for that as the great benign father of the creation was pleas'd with being a benefactor to such whose ingratitude he foreknew , and to some who would render him as negligent of the concerns of his creatures , and to others who would represent him as unjust in his prescriptions , and cruel in his designs , and taking pleasure in the destruction of souls , so your lordship was resolv'd on your beneficence to your country in the black conjuncture of our fears and iealousies , and you were then communicative of the brightest beams and sweetest influences of your serene and great thoughts to it , when you knew that by some of the people for your so doing you would be maligned and mis-represented as an hostis patriae . i shall presume to give your lordship no further trouble then by the syncere profession of my being my lord , your lordship 's most obedient servant , p. p. the obligation relating to the king's heirs and successors in point of conscience discuss'd , as resulting from the oaths of allegiance and supremacy ; and the takers of those oaths proved to be thereupon become bound to bear faith and true allegiance to those heirs and successors in the due and legal course of descent . i shall without proem or passions here approach to the great areopagus of the court of conscience , and having stated the question of what obligation to the king's heirs and successors , results from the oaths of allegiance and supremacy in point of conscience , shall deliver my judgment of the same in some conclusions , and answer objections that may occur . i shall here take notice that the word obligation from being originally a band or ty of the law for payment of debts , hath been since frequently applied to the discharge of moral offices . obligatio est juris vinculum quo necessitate restringimur alicujus solvendae rei . instìt . de obligationibus . and pursuant hereunto men may be properly said to pay their allegiance to princes in discharge of their natural obligations and their oaths . but here i consider not the extent of the obligation of the natural allegiance that english subjects owe their monarchs , nor yet their obligation to allegiance from the divine law positive , nor from the lex terrae ; tho yet i account it very plain that we are on all those accounts bound to pay them allegiance : but do choose to confine my discussion of the obligation to allegiance , as resulting from the oaths of allegiance and supremacy , and as mentioned in our statutes in relation to our king's heirs and successors , and most particularly from that clause in the oath of allegiance , viz. i will bear faith and true allegiance to his majesty , his heirs and successors , and him and them will defend to the uttermost of my power against all conspiracies and attempts whatsoever , which shall be made against his or their persons , their crown and dignity , &c. and that in the oath of supremacy , viz. and do promise that from henceforth i shall bear faith and true allegiance to the king's highness , his heirs and lawful successors , and to my power shall assist and defend all iurisdictions , privileges , preheminences and authorities granted or belonging to the king's highness , his heirs and successors , &c. and i here enquire , how far the obligation resulting from those clauses in those oaths , in relation to such heirs and successors , may be judged in point of conscience to extend ? as to the question thus explained and stated i shall lay down these following conclusions ; first , that those oaths ( and indeed all others ) do respect a duty to be performed in the future time ; that is , at the least some time tho perhaps a very small one after the obligation contracted , as is well open'd by sanderson in his first lecture of the obligation of oaths , and where he shews that this happens in every oath assertory as well as promissory : for whoever sweareth obligeth himself ipso facto to manifest the truth in that which he is about to say , whether it be in a matter past or present by an assertory ; or in a future matter by a promissory oath . secondly , that by that part of an oath promissory contained in the forementioned clauses of the oaths of allegiance and supremacy , as likewise by all other oaths promissory , the party swearing is bound to endeavour for the future as much as in him lieth by his deeds to fulfil what he hath sworn in words : and this sanderson in his second lecture hath well asserted as to an oath promissory , viz. that he who endeavours not to perform that which he hath promised is guilty of perjury in the court of conscience 't is plain that in an assertory oath , if i took the same with a wellcompo●ed mind , and have given my testimony truely , i have discharged my duty , and have my quietus from my conscience for the same . but in an oath promissory , and particularly in the promissory part of the oaths of allegiance and supremacy , i am not discharged by the sincerity of my intention in my promise . i have engaged my self to action , and have lanched my self into a sea of business from that time forward till the end of my life , and as there is occasion and opportunity i am to do what in those clauses i have promised to the king and his heirs and successors . and thus the style of doing runs in numbers . . if a man swear an oath to bind his soul with a bond , he shall do according to all that procedeth out of his mouth . thirdly , that those oaths and all others are to be taken in the sense of the imposer . for the oath being taken that the imposer may be assured that the promise of the person swearing shall be effectually made good to him , there would be no assurance thereof in the least , if the oath were to be interpreted otherwise than in the imposers sense : and under this conclusion it may be properly added , that where that sense is sufficiently manifest in the words , it is exactly to be stood to , as sanderson hath well shewed in his second lecture of the aforesaid subject , and where having shewed how we must take heed that we impose not on the oath we have taken , or any part thereof other sense than that which any other pious and prudent man ( and who being unconcerned in the business is of a freer iudgment ) may easily gather out of the words themselves , he saith , that we become without question guilty of the heinous crime of perjury , if that milder interpretation which encouraged us unto the oath chance to deceive us . and in his th lecture § . . he saith , as it is one kind of perjury to strain the words during the act of swearing unto another sense than that wherein they are understood by the auditors , so it is another kind of perjury having sworn honestly , not to proceed sincerely , but to decline and elude the strength of the oath ( tho the words be preserved ) with some new forged inventions , variously turning and dressing the words to cloak the guilt of their conscienc●s as tacitus saith of some : and he concludes that section by saying , that where the words of an oath are so clear in themselves , that among honest men there can be no qu●stion of their meaning , the party swearing is obliged in that sense which they apparently afford , and may not either in swearing or when he hath sworn , stretch those words upon the last of his interest by any studied interpretations . there appeared nothing more detestable to the eye of the old civil law then fraud and trick , and particularly the destroying the true sense and meaning of a law by a cavilling fraudulent interpretation that retains the words but confounds the ends for which the law was made ; and accordingly 't is said in the digests , in fraudem legis facit qui salvis verbis legis , sententiam ejus circumvenit . but this in the case of an oath was more abominated , and accordingly cicero tells us , that fraus adstringit non dissolvit perjurium . and if the civil law was afterward so provident for the honour of humane nature as to determine in the case of an unask'd free gift , that cum in arbitrio cujuscunque sit hoc facere quod instituit , oportet eum vel minime ad hoc prosilire , vel cum venire ad hoc properaverit , non quibusdam excogitatis artibus suum propositum defraudare , tantamque indevotionem quibusdam quasi legitimis velamentis prolegere , any one may judge how much it abhorred any thing of fraud in the evading of the payment of a due subjection to sovereign power acknowledged by what the thinking heathens term'd sacramentum , as if the most eminent , or only thing emphatically sacred , and religiously to be observed . i should not since the extermination of the iesuites doctrine of equivocating have thought it worth while so much to dilate on this plain conclusion , before the publishing a pamphlet in our metropolis in the year , called an account of the new sheriffs holding their office , made publick upon reason of conscience , respecting themselves and others in regard to the act for corporations , and in which act , tho the lawgivers meaning of the oath thereby imposed is most apparently manifest out of the words , yet the author of that casuistical pamphlet makes it lawful to take the oath and subscribe the declaration , and not in the literal strict construction , but in an imaginary sense topp'd upon the lawgivers , and that nothing but a vitiated fancy or injudicious mind could imagine . i was sorry to hear that that pamphlet was writ by a non-conformist divine : and that in a conjuncture when the magistrates of that city were so hot against the name of popery , any men should be so zealous for the thing called iesuitism , and that any men by attempting to rivet equivocation into their model of protestancy , should at once endeavour to rob us of the energy of the oaths of allegiance and supremacy , and of the test it self , and to make the sacredness of all oaths whatsoever to evaporate . let any sober person of the dissenters party but seriously read that pamphlet so scandalous to protestancy , and it cannot but give him the alarm of coming out from among them , for that he must do that would come out even from the iesuitick equivocation . if there were not a church of england - protestancy in that loyal city , i may without unjust reflection say it , that magistrates who were accessory to the erecting that paper-monument to equivocation , and to the trying to help it to a jus divinum , and to be a part of pure religion and undefiled , could bring little honour to our metropolis by calling it a protestant city on its monument of stone . as we find in the book of iudges that all that saw that inhumane butchering and quartering out into pieces of the levites wife by her own husband , cried out and said , there was no such thing done or seen since the time that the children of israel came up out of the land of egypt until that day , i believe it may be affirmed that never in any protestant city in the world , since the time that it was free'd from the egyptian servitude of the papal impositions , was any such barbarous butchering of the obligation of an oath by equivocation in a printed case sent about the kingdom by the pretended espousers of protestancy , ever done or seen . and according to the saying , that nisi serpens serpentem comederit non fit draco , it may be said that the most superlative and dreadful outraging of oaths cannot be compassed but by the consciences of pretended protestants digesting the old equivocation of the iesuites . when i consider this therefore that the false protestant discusser of that case of conscience of the sheriffs , doth determine that , by taking up arms against the king mentioned in the oath , is to be meant against his rightful government , and that the oath must be taken in the sense or meaning of the major part of both houses that passed it , and then makes their meaning so opposite to their words , and do recollect what is so clearly laid down in my lord chancellor hatton's treatise concerning statutes , and the expositions of acts of parliament , viz. that the assembly of parliament being ended , functi sunt officii and that as to all of the lower house who are by election , their authority is returned to the electors so clearly that if they were altogether assembled again for interpretation by a voluntary meeting , eorum non esset interpretari , and that then the interpretation of the statutes falls into the hands of the sages of the law , and when i consider that great caution of sanderson in his said book , that where we depart from the words of an oath to the intent , it must be well proved that there was such a meaning , i have a great compassion for men that are trick't into perjury by the artifice of any casuists : and as i have mentioned a crafty counsel at law to be justly odious , and a crafty councellor of state to be more so , do account a crafty casuist to be most abominable . what effect that pamphlet hath had in debauching the consciences of the non-conformists in thus distorting the natural sense of that oath by a calumnious and fraudulent interpretation , and whereby such mens tenderness of conscience may have become armour of proof against all oaths , i know not . the paper mentions its being design'd for the edifying of others : and that word of edifying minds me of the saying of , qui judicat contra conscientiam , aedificat ad gehennam : and the which too is justly applicable to a protestant casuist that giveth judgment for equivocation . and it may with a pious horror be thought of , that if christianity and its morals should happen to be generally depraved by such sophisms and chicanery as that pamphlet is stuffed with , there may be cause of fear that the son of man at his second coming will not find so much as the old bona fides of the heathens on the earth . that any non-conformists of the present age may see how much the casuistical theology of that pamphlet hath degenerated from the rule about the interpretation of oaths that was in vogue among those of the former , i shall refer them to the learned casuistical works of ames a pious and learned independent divine of that age , printed at amsterdam in the year , and where in his th book , chap. . de iuramento , he very learnedly inveighs against the use of equivocation and mental reservation in oaths , and maketh it to be equivocation , cùm verba ipsa quae usurpantur sunt ambigui sensus , & illo sensu accipiuntur à jurante , quem audientes cupit celare ut alio sensu ab ipsis accipiantur ; and coming to determine that question , viz. in what sense ought the words of an oath to be taken ? he answers , viz. in that sense that we judge they who hear us will conceive : that is , regularly in that sense that the words have in the common use of men : because the signification of words depends on mens use . and he there afterward coming to this question , viz. are the words of an oath always to be taken strictly as they sound ? answers , that an oath , by reason of the danger of perjury , is of strict right and interpretation , so that it may not admit those larger explications which in other facts and sayings often take place . fourthly , as a humane law forbidding a thing simply evil , or commanding a thing in its own nature good , doth induce a new obligation in conscience , so doth the addition of an oath imposed by the law for the avoiding of that thing so simply evil , super-induce a farther obligation to avoid it : and therefore the persons who take the oath of allegiance invoking god as witness and revenger that they do plainly and sincerely acknowledge and swear according to these express words by them spoken , and according to the plain and common sense and understanding of the same words , without any equivocation or mental evasion or secret reservation whatsoever , and heartily , willingly , and truely upon the true faith of a christian , are under a more especial and particular obligation to abhor all subtle and cavilling interpretations of the sense of the said oath . fifthly , as the plain and common sense and understanding of the words in the clauses respecting the future time of bearing faith and true allegiance to his majesty , &c. do lay an actual promissory obligation on the swearer to bear the same to him during his life , so reddendo singula singulis , they lay an actual promissory obligation on the swearer to bear the same to his heirs and successors afterward in the due and legal course of descent . the promise in the clause of the oath of supremacy runneth thus , viz. and do promise that from henceforth i will bear faith , &c. and words could not express an actual obligation incurr'd and to have some operation in the next moment of time , both in relation to his majesty and his heirs and successors , more clearly than those have expressed the same . and the promise sworn in the clause of the oath of allegiance , viz. i will bear faith , &c. doth likewise after the oath sworn immediately operate in its obligation to the king and his heirs and successors in the next interval of time imaginable , however the word henceforth be not there used as in the former oath : for the clause of the oath of allegiance binding me not only to preserve the king , but the hereditary monarchy , i could not be effectually enough by the oath obliged to the same without being obliged in the shortest time afterward , not only to forbear prejudicing any right that belongs to the king and his heirs and successors , but to defend the same . the pointing of men to an ordinary lease where the lessee at the perfecting thereof enters into an actual obligation both in law and conscience to pay his rent to the lessor , his heirs and assigns , that is , as it shall become due to each respectively , shews a present actual obligation incurr'd of discharging any future dues successively , and ( as i said ) reddendo singula singulis , to be familiar enough to common thought and vulgar apprehensions , and likewise the word heirs to be so too . the many who take the oaths of allegiance and supremacy have spent enough time , and perhaps too much ventured eternity , in thinking of and providing for their heirs ; and who commonly as landed men know that by virtue of right either immediately or mediately derived from the crown , they are only enabled to say , they are seized of this or that land in their demesne as of fee , and which is as much as to say , it is their demesne or proper land after a sort , because it is to them and their heirs , and that such fee doth vi termini imply fealty , and fealty sworn : and the thought of which would on the turning of the tables make them sufficiently apprehensive of their danger , if there could be any ambiguity in the word heir , or the crown granting land to them and their heirs forever . i shall here take occasion by the way to reflect on an antimonarchical saying i met with printed , as spoke in parliament by a great demagogue some years ago , viz. that the cottager here holds his right by the same tenure that the crown holds its . for it is false that our king or the crown oweth fealty to any superior , but god only . the king's throne is the throne of god , and the style of crown'd heads is dei gratiâ , and by him kings reign . but to proceed . if there could be ambiguity in the word heirs , the worth of our magna charta would soon be depretiated , and it would be but res unius aetatis ; and particularly where it saith , concessimus deo & hac praesenti charta confirmavimus pro nobis & haeredibvs nostris in perpetuum , quod ecclesia anglicana libera sit & habeat omnia jura sua integra & libertates suas illaesas , and whereby the british churches are secured under a prince of any religion from foreign arbitrary impositions but indeed the style current in magna charta is , that our kings for themselves and their heirs forever , did grant the customs and liberties contained in that charter to our ancestors and their heirs for ever . our ancestors had no occasion to spend time in seeking knots in a bull-rush or hidden sense in the words heirs and the king's heirs , when so anciently as by the oath of fealty ( which every person above fourteen years old , and every tythingman was obliged to take publickly at the court-leet within which he lived ) they were sworn to the king and his heirs : and that oath was taken a fresh every year by all the subjects under edward the confessor and william the first , and is thus set down by pryn in his concordia discors , viz. i a. b. do swear that from this day forwards i will be faithful and loyal to our lord the king and his heirs , &c. the instances are innumerable of allegiance anciently sworn to our kings and their heirs ; and this one for example occureth to me as sworn in the time of edward the th . viz. sovereign lord , i henry percy become your subject and leige-man , and promit to god and you , that hereafter , i faith and troth shall bear to you as to my sovereign , leige-lord , and to your heirs , kings of england , of life and limb , and of earthly worship , to live and die against all earthly people , and to you , and to your commandments , i shall be obeysant as god me help , and his holy evang●lists . . oct. . ed. . claus. . ed. . m. . in dorso . mr. pryn likewise in that book of his beforemention'd saith , that there was an ancient oath of fealty and allegiance , both by the subjects of england , and kings , bishops , nobles and subjects of scotland , made to the kings of england and their heirs , as supreme lords of scotland , in these words , viz. ero fidelis & legalis , fidemque & legalitatem servabo henrico regi angliae & haeredibus suis , de vitâ & membris & terreno honore , contra omnes qui possunt vivere & mori : & nunquam pro aliquo portabo arma , nec ero in consilio vel auxilio contra eum vel haeredes suos , &c. which oath he saith , william , king of scots , and all his nobles swore to king henry the second , & haeredibus suis sicut ligio domino suo , and john balliol , john comyn , with all the nobles of scotland , to king edward the first and his heirs . he there likewise gives an account how the nobles of england swore fealty to richard king of england , and to his heirs against all men , and how the citizens of london swore the like oath ; and , that if king richard should die without issue , they would receive earl john his brother for their king and lord , & juraverunt ei fidelitatem contra omnes homines , salva fidelitate richardi regis fratris sui , as hoveden relates . and he moreover cites the record of the writ , issued to all the sheriffs of england , soon after the birth of edward the st . son and heir to king henry the d. to summon all persons above years old to swear fealty to him , as heir to the king , and to submit themselves faithfully to him , as their liege lord after his death . this form of the oath in the writ is there mention'd to that effect , viz. quod ipsi salvo homagio & fidelitate nostrâ , quâ nobis tenentur , & cui in vitâ nostrâ nullo modo renunciare volumus , fideles eritis edwardo filio nostro primogenito , ita quod si de nobis humanitus contigerit , eidem tanquam haeredi nostro & domino suo ligio erunt fideliter intendentes & eum pro domino suo ligio habentes : and he there shews how they were summon'd and sworn accordingly ; and further how in the parliament of h. . the lords spiritual and temp●ral , and commons were sworn to bear faith and true allegiance to the king , to the prince and his issue , and to every one of his sons , severally succeeding to the crown of england : and he there mentions more oaths taken to our kings and their heirs of the like nature . the consideration hereof would make any one wonder at the confidence of a late learned lawyer , and positive pretender to omniscience in our english antiquities and records , who in his detestable book called the rights of the kingdom , ( and which contains a farrago of impious anti-monarchical principles , and printed in london , . and there to the scandal of the english and protestant name , lately re-printed by some factious anti-papists ) hath averred , that our allegiance was of old tyed to the kings person , not unto his heirs , and for the kings heirs ( saith he there ) i find them not in our allegiance . and he mentions the oaths of supremacy and allegiance , as enjoyn'd in queen elizabeth's and king iames's time respectively , to be the first that were made , to the kings person and his heirs and svccessors . but to return to the cause in hand ; 't is sufficient for the obligation i press , that heirs and succesors are so clearly expressed in the oaths of allegiance and supremacy . and tho the statute of ● . elizabethae , in the clause of the annexing ecclesiastical jurisdiction to the crown , useth the style of your highness , your heirs and successors , kings or queens of this realm shall have full power , &c. as the statue of the supremacy o. henry th . runs in the style of our sovereign lord , his heirs and successors , kings of this realms , shall be taken , accepted , and reputed , the only supreme head , and tho the oath in the th . h. the th . cap. . that relates to the bearing faith , truth , and true allegiance to the kings majesty , and to his heirs and successors , &c. be further thus expressed , viz. and that i shall accept , repute , and take the kings majesty , his heirs and successors ( when they or any of them shall enjoy his place ) to be the only supreme head , &c. and tho' the old oath of the mayor of london and other cities and towns throughout england , and of bayliffs , or other chief officers , where there are no mayors , runs in the style of swearing , that they shall well and loyally serve the king in the office of mayor , in the city of l. and the same city , shall keep surely and safely to the use of our lord the king of england , and of his heirs , kings of england , might give occasion for that great , empty , and big-sounding sophism of sir w. i. in his famous speech , wherein he said , that we are sworn to the king , his heirs and lawful successors , but not obliged to any , during the kings life , but to himself ; for it were treason if it were otherwise ; yet let any man lay his hand upon his heart and bend his ear to the still voice of his conscience , and will he not find that both those clauses in the oaths of allegiance and supremacy , do necessarily imply the bearing such faith and allegiance , first entirely to the king during his life , and after his demise , bearing the same to his heirs and successors , when they shall become kings or queens of this realm ? and that thus , quod necessarò , subintelligitur , non deest , and that the oath of supremacy begins with the declaring , that the kings highness is the only supreme governor of this realm , &c. and that of allegiance , with declaring in like manner , that the king is lawful and rightful king of this realm , and that the bearing faith and allegiance to the king , doth imply the ius in re , as to our fealty and allegiance to the king , contra omnem hominem , during the kings life ; and doth at present imply ( as i may ) jus ad rem , to his heirs and successors after his demise . undoubtedly it was not the design of the oaths of allegiance and supremacy , to oblige us to impossible things ; for that no oath can do . and under the notion of things impossible , the civil law hath well ranged all actions which wound piety reputation and our modesty , and which are against good manners , by that known place , quae facta laedunt pietatem , existimationem , verecundiam nostram , & , ut generaliter dixerimquae contra bonos more 's fiunt , nec facere nos posse credendum est . the canon law likewise hath well told us , that juramentum contra bonos more 's non est obligatorium . and the law of nature and all divine and humane laws have taught us , that nothing doth more wound piety and reputation , and common modesty to the heart , or is more against good manners , than the outraging our oath of obedience , or allegiance to our prince ; and it may well be judged impossible for a prince to require from his subjects their swearing to pay the entire allegiance to another , at that time while it was due only to himself . for as all oaths are stricti juris in their interpretation , so the word allegiance or ligeance doth vi te mini imply the strictest obligation to the prince imaginable ; and accordingly as the expression of alligare fidem juramento , is found in seneca . and this obligation is partly of the nature of what the feudists call homagium ligium , distinguishing homage into ligium and non ligium , and making ligium to be that which is done to soveraign princes only , no fidelity to any one else reserved : and only to be fealty sworn contra omnem hominem , nullo excepto ; whereupon their rule is , that none can be homo ligius duorum , i. e. at the same time . and any one who shall cast his eye on our book of the terms of the law , will there find the homagium ligium got in from among the old feudists ; and the author making the figure of homage to be more solemn than the oath of fealty , in which oath the tenant saith to his lord , i shall be to you faithful and loyal ; and shall bear to you faith for the lands and tenements which i claim to hold of you , and truly shall do you the customs and services that i ought to do you at the terms assigned : so help me god. but in homage there is kneeling requi●ed ; and the tenant saith on his knees , i become your man from this day forward , of life and member , and of earthly honour , and to you shall be faithful and loyal , and shall bear to you faith for the lands that i claim to hold of you , saving the faith that i owe to our lord the king. sir edward cook likewise entertains us with somewhat of the homagium ligium , and he very well and usefully in his calvins case explains the nature of the subjects ligeance and makes it to be a true and faithful obedience of the subject due to his soveraign ; and there saith , that ligiance is expressed by several terms which are synonimous in our books , and is sometimes called obedientia regi , and that ligiance is sometimes called faith , fides , ad fidem regis ; and there mentioning the homage out of litleton , salve le foy quod ieo doy a nostre sur le roy , quotes glanvil l. . c. . for the salvo required in homage , viz. salvâ fide debitâ domine regi & haeredibus suis. it may therefore be here said , that our ancestors in the contexture of the oaths of allegiance and supremacy , intended no idle words , but did with exact care weigh every expression and word of them in aurificis staterâ . according to that trite wise saying , hominum malitiis obviandum est , they prepared to encounter with the clamour of some romane catholicks , who might possibly think to run down the oath of allegiance , with the cry of the new oath ; and as they afterwards tryed to do , suitably to their old term of the new evangel : and therefore when they framed the words in the clause of these oaths , which runs , much as i have shewn in the old stile of the former oaths used long before the reformation , they did stare super vias antiquas , as i may say ; and in these oaths of ●llegiance and supremacy , the kings heirs do not come in without deep precaution , and not as ceremonious attendants on the kings person ( as i may say ) but in order to the support of the hereditary monarchy , and as i shall shew more by and by out of the words of the oaths . the lawgivers ventured no danger of answering at the day of iudgement for any idle words , and much less for captious ones in the oaths : and 't is a delirium to think that they should make it treason in some cases , to refuse one of those oaths , and make it too treason to practice it ; and that the oath of allegiance obliging men to endeavor to disclose to his majesty , his heirs and svccessors , all treasons which they shall know or hear of , to be against him or either of them , the obligation to the kings heirs and successors , in the words immediately foregoing , could imply any thing of treason . we know that as to any thing written , interpretatio facienda est ex totius seripturae contextu , and that pro expresso id habetur quod colligitur ex eo quod expressum est ; and that if any one shall deliberately mind the contexture of those oaths , and what is therein so liquidly expressed and asserted , that those oaths which were intended as all others to put an end to all strife , do make none between our kings , their heirs and successors . but all men of sense and thought cannot but grant , that in the clauses as relating to the kings heirs and successors , we are to judge according to the rule of interpretation , viz. that verba non debent esse ociosa , sed ita intelligi d●bent ut aliquid operentur , and that verba cum effectu sunt accipien●a : and as 't is said in the civil law , semper in stipulationibus & in caeteris contractibus , id sequimur quod actvm est ; and as actus is there taken for a general word , sive re sive verbis quid agatvr ; here is an act of the swearer , done in relation to such heirs and successors : and he is promittendi reus in the civil law phrase , and as he is there called reus , qui debitor est , omninoque obligatus ex quavis causa , and as he who hath promised any thing is said reus debendi ; and so reus constitutus dicitur qui se obligavit . ff . quod met . caus. l. . § . labeo . but on the whole matter , our oaths of allegiance and supremacy contain in them nothing impossible , and nothing ambiguous , and do ipso facto or in plain english , oblige us as soon as taken to be ready to pay our allegiance to the king , and afterward to his heirs and successors as respectively due according to the legal course of descent . and if any one be frightned with sir w. i's . day-dream of treason , viz. in being immediately upon the taking of the oaths under some obligation to the kings heirs and successors , let him repair to our statute-book and he will there find as good bail provided for him in the case as heaven and earth can give : for in the preamble of an act of parliament the king and three estates tell him of the duty that every true and well affected subject , not only by bond of allegiance , but also by the commandment of almighty god , ovght to perform to his majesty , his heirs and successors , o iac. c. . in fine , i shall hereupon affirm , that should any english subject , who hath taken these oaths live to the age of nestor , and in the course of nature , ●ee several of our kings heirs and successors , in the due and legal course of descent , succeeding one another ; and should such subject be never call'd on to reiterate those oaths in the reign of any of them , he would yet by these oaths before once taken , continue obliged to bear true faith and allegiance to them all successively . and thus in the first faederal oath we read of , the father of the faithful , obliged himself at once in relation to abimelech and his son , and his sons son : and we know how afterward god was pleased to oblige himself at once to abraham and his seed ; and how after that god was pleased to oblige himself by his oath and covenant made to david and his seed , as to their succession in the royal throne of iuda : and 't was to this the words in the psalms , once have i sworn , &c. refer . and therefore this scriptural representation of god , after the manner of men , condescending in the government of the world , to bind himself ex gratiâ , as aforesaid , may well inculcate to us the reasonableness of our becoming ipso facto bound by our oaths to pay the debitum iustitiae to his vice-roys and their heirs and successors . to proceed therefore , i shall lay down this as a th conclusion , and genuinely deducible from the former one , viz. that by virtue of those two clauses , the takers of those oaths do particularly bind themselves not only against the aiding and assisting or abetting any rebellion or any vsurpation of the rights of his majesty's heirs and successors that can happen ; but to the aiding and assisting of the crown , and preserving its inheritable rights on all emergent occasions . sanderson in his th lecture of the obligation of oaths , puts the case concerning the person to whom an oath was made , viz. whether he who hath sworn the performance of a thing to another , the party to whom he sware being deceased , be bound to make it good to the heirs and successors of the said party ? and his words are : i answer , ordinarily he is . it is certain that the party swearing is obliged if he express'd that he would perform the oath unto the heirs of the other . it may also be taken for granted , that he is bound tho he expressed it not , if the oath taken relates to dignity , because dignity varies not with the change of persons . whence if any subject or souldier swear fidelity to his king or general , the oath is to be meant to be made unto them also who succeed to that dignity . yet ames our learned non-conformist in his case of conscience , th book , chapter . viz. de iuramento : as to the th question , and about the obligation of an oath ceasing , saith , quum aufertur ratio juramenti , juramentum cessat ratione eventus : qui casus est eorum , qui jurarunt se obedituro● domino , aut principi alicui , qui postea cessat esse talis . but perhaps had the case of so strict an oath , as that of allegiance to our prince and his heirs and successors layn before him , he would have writ otherwise of its obligation . for as the conside●ation of the for●mentioned clauses in the oaths of allegiance and supremacy did sufficiently prevail with the ejected and persecuted divines of the church of england , and most of its lay members , to avoid all sinful compliance with the late vsurpation and vsurpers ; so it did likewise with many of the presbyterians and others , to avoid the same , and particularly to refuse the taking the engagement set up by the republicans , and even to publish in print their holding themselves obliged by those oaths so to do . i shall instance in two that did so ; mr. pryn in his book before cited mentions those oaths as in direct words extending not only to the late king's person ( mentioning king charles the st ) but his heirs and successors , and inviolably binding the swearers in perpe●uity in point of law and conscience , so long as there is any heir of the crown , and royal line in being ; and that upon many vnanswerable scriptural precedents and legal considerations , &c. he had before charged those with apparent perjury , who had taken those oaths to the king and his heirs , and yet repute those few reliques of the old parliament then sitting ( forcibly secluding the lords and majority of their fellow members ) to be a lawful parliament , within the statute of ▪ car. cap. . or submit to any oaths , taxes , or edicts of theirs as parliamentary or legal . i refer the reader to the book , and which , because somewhat scarce , i think to have reprinted . the other person of the presbyterian communion i shall refer to for this , is the author of a learned tract in to printed in the year called , an exercitation concerning vsvrp'd powers , wherein the author very substantially proves that by virtue of the obligation to the king's heirs and successors resulting from the oaths of allegiance and supremacy , it is not lawful to give up ones self to the allegiance of an vsvrp'd power : and saith very well in p. . if i should do that , i should yield assistance to the vsurper in his wrong doing and vsurpation , and so become a partaker of his sin. obedience to one as the supreme magistrate is a comprehensive thing , and includes many duties toward him , as a power , viz. of receiving commission from him for offices , or acts otherwise not competible to me : maintaining and defending him in his power by pay , counsel , and intelligence , arms and prayers : all which i am bound to yield the usurper to my power , if i resign my allegiance up to him : and how shall i do these things , and not . . support and have communion with him in his wickedness . . combine against betray and resist the right of the injured , dethroned magistrate . . and make my self uncapable of obedience or being a subject to the lawful power hereafter ? the author doth in p. and many other places in this book , assert the forementioned clauses in the oaths of allegiance and supremacy as binding clearly , plainly , and in terminis to an allegiance over-living his majesties person and pitched upon his heirs and successors , so that the swearer is not free from the oaths at his majesties decease , &c. and that those oaths intend by his majesty's heirs and successors the same persons joyning them together with the copulative ( and ) and not using the discretive ( or ) and the former oath twice comprising both in the following clauses , under the said term or pronown ( viz. them , theirs ) so that according to these oaths his heirs are of right his successors , and none can be his successor , but his heir , while he hath an heir : and that if any conspiracy or attempt be made to prevent his heir from being and continuing his svccessor , or to make any one his svccessor that is not his heir ( if he hath one ) the subject is sworn by this oath to continue his allegiance to his heir as the right svccessor , and to defend him in that his right to the uttermost : and that the term lawful annext to svccessors in the oath of supremacy , manifestly excludes all cavil of a distinction between heirs and svccessors : the word lawfvl whether you interpret it of legitimation of birth , or proximity of svccession in regard of line according to the law of the land entailing the crown on his majesty's issue , or rather both the latter including the former , restraining svccessors from meaning any other than his heirs : and that both these oaths bind the swearer to assist and defend to his uttermost power against all attempts the course of svccession in the race of his majesty , expressed by many-terms , to wit , their crown and dignity , all iurisdictions , privileges , preheminences and authorities granted to the king's highness , his heirs and svccessor and united to the imperial crown of this realm . how then can he yield obedience to them that are not his heirs , nor lawful svccessors , &c. how can he not oppose and withstand them in the assistance and defence of the right of his majesty's heirs and lawfvl svccessors ? that judicious author did like a substantial confessor of the obligatoriness of those oaths relating to the king's heirs and successors during that vsurpation , very satisfactorily shew , that the same persons were meant by both , and held himself obliged in loyalty the rather so to do , because in that conjuncture the plain sence of the oaths of allegiance and supremacy were usurp'd upon , and particularly by the book called , the lawfulness of obeying the present government , then published ; and the fallacies in which he learnedly confuted , and shewed how ridiculously that book outraged the sense of the law-givers in those oaths , whose end was to support the crown in a just lineal succession , and could therefore intend by successors , only such as were de jure so : and that therefore that book 's taking successors for such who were so de facto ( tho very unjustly ) was ; . inconsistent with the nature of an oath , which must be taken in righteousness . jer. . . that is to oblige only to that which is just . . with the word heirs , which being placed first in the oath must first be served . . with the oath of supremacy which binds us to the lawful successor . . with the law of the land which appointeth succession to the heir . . with a possibility of keeping the oath : for if heirs and successors mean divers persons , how can the oath of allegiance and defence of the regal dignity be observed ? thus it seems as the fantome of haeres viventis hath frighted many out of their natural senses , and the natural sense of their oaths in the present conjuncture , the word successors did formerly : and when they who interpreted it of actual succeders ( as saith my author ) that it might favour the usurpers ▪ forgot what was the object of that succession , viz. a crown and regal dignity , wherein by virtue of that oath those successors are to be defended , whereas those or the republicans for whom the book pleads , have not only put by the rightful successor , but abolished the crown and regal dignity it self . may this instance of heavens uncrowning the understandings of those republicans of common reason and sense ( and when in the course of their injudicious minds they were abandoned to the most despicable sort of counterfeit witt called quibbling , and to the vilest sort of quibbling and double entendre of words , i mean in that which concerns the tremendous obligation of an oath , after they had dethroned their prince , and excluded his heirs and successors ) serve in all future times as a monument of the divine dereliction , and of heavens scattering the proud in their reasons and imaginations of their hearts , and rendring them unfortunate beyond the fate of the common saying of eventus stultorum magister , i mean by condemning them to a stated infatuation : and let none hereafter value any vsurpation on the credit of the last , as mr. ienkins in his famous petition to the vsurpers did , and set gods seal to it on the account of the event , when the event was what i have now mentioned . any one who will cast an eye on the title de verborum significatione in the civil law , will there find the word heir to be necessarily made comprehensive of successors , viz. haeredis significatione omnes signifi●●ri successores ●redendum est , etsi verbis non sint expressi ; and succession is under that title of the law made a part of the definition of inheritance , viz. nihil est aliud haereditas quam successio in universum jus quod defunctus habuit . and the identity of the thing in the words of heirs and successors doth quadrare with that saying so frequent among the civil law writers that plura quando copulantur ad unum effectum , loco unius habentur , and with another that the word & sometimes stat declarative inter duo idem importantia . i should account it somewhat like pedantry to cite any latine authors about heirs and successors signifying as here in our case the same thing , but that other seditious books beside that impugned by the exercitation , have endeavoured to sow contention between the words heirs and successors , tho with as little sense as was in sir w. i's fancy of treason , whereby he would have set the assertory and the promissory clauses in the oaths of allegiance and supremacy at variance , nay the promissory clause at variance with it self . there was a book writ by a late lawyer called , historical discourses of the vniformity of the government of england , first printed in the year , and reprinted by some factious anti-papists since the epoche of our fears and iealousies of popery , and with that former year in the title ( which was an ill ominous sign of the fatal time such persons would have driven us back upon if they could ) where in p. of the d part ill reflections are made on the oaths of allegiance and supremacy , which oaths ( saith the author ) do make much parly concerning inheritance and heirs : but that they do not hold forth any such obligation to heirs otherwise than as supposing them to be successors , and in that relation only . his design is too plainly express'd , viz. to strike at the rights of our hereditary monarchy , and to invite parliaments to interlope in controuling the succession of the crown : and he saith , that the doctrine he there insinuates doth not go down well with those that do pretend to prerogative , aided by the act of recognition made to king james , and the oaths of supremacy and allegiance : and i shall say that i hope it never will : and 't is pity but a book that in so many places of it impeacheth the old known rights of the crown , should in this conjuncture of loyalty find some person at leisure ex professo to make animadversions on it , and the rather for that the author doth in the vehicle of somewhat like witt ( and his affectation of which is by people of middling capacities , who generally make the greater part of mankind , judged to be witt ) dispense his poysons . yet as to the signification of heirs and successors , he had before in his first part saved any one the labour of shewing their identity : for there in p. and in his chapter of the laws of property of lands and goods under the saxons , he quoted tacitus about some of the customs of the germans which he judged remain'd here with them , and which shewed that heirs and successors passed then as current coyn for the same thing , according to the words of tacitus , haeredes & svccessores cuique liberi & nullum est testamentum , and thus englished by that author , viz. the heirs and svccessors to every one are his children , and there is no testamentary power to disherit or alter the covrse of descent which by cvstom or law is setled . and as was shewed , the term of lawfvl annexed to successors , hath nailed the canon of that sophism , and exposed the ridiculousness of any cavilling or calumnious interpretation about heirs and successors : tho yet without the interposal of the word lawfvl , the plain sense of the words heirs and successors in the oaths would clearly enough have obliged us to the same persons . we say , that id possumus quod jure possumus , and none are to be construed heirs or successors , but such who are so in the eye of the law , and with reference to proximity of blood , i. e. they who are meant for such by the law in the due course of their descent . but i hope that england's happy future state will so far influence loyalty , as to incline all conscientious protestants to leave of all senseless cavilling about the sense of the plain words in those oaths , and to agree to employ their most serious and constant thoughts about the extent of the moral offices that relate to their bearing true faith and allegiance to the king , his heirs and successors , and other very important matters in the promissory clauses most clearly expressed in order to the discharge of their allegiance , and the duties of loyalty , viz. defending him and them to the uttermost of our power against all conspiracies that shall be made against his or their persons , their crown and dignity , as the oath of allegiance runs , and to our assisting and defending to our power all iurisdictions , privileges , preheminences and authorities granted or belonging to the king's highness , his heirs and successors . there are no unweigh'd and idle words in the promissory clauses , and we are to make it our business with the judgment of discretion to consider the sense of the same , and to retain it in our memories : and mens not doing which , hath been the cause of the ebb of loyalty in some conjunctures . according to the degrees of mens intellectual talents , and particularly the talent of understanding beyond other men the laws natural and positive , and the lex terrae , some are beyond others morally bound to defend the particular momentous points relating to all iurisdictions , privileges , preheminences granted or belonging to the king and his heirs and successors : and therefore a disloyal divine and a disloyal lawyer , are things that do particularly hear very ill . but as there is a great part of the moral offices expressed in these oaths sufficiently plain and obvious to vulgar capacities , and which with their native light do strike common understandings , so the extent of these offices ought to employ the meditations of all the takers of these oaths ; and how low soever their talents lie , they are to use all the means they can , and particularly that of the consilium peritorum , as any occasion shall offer it self , for their defence of any of the privileges or preheminences belonging to the crown . our duty in this kind is very well expressed by sanderson in his third lecture , where speaking of the subjects obligations by oaths of this nature , he saith , doubtless the subject to his power is obliged to defend all rights which appear either by law or custom legitimate , whether defined by the written law , or in force through the long use of time or prescription , that is , so far as they are known , or may morally be known . but he is not equally obliged to the observation of all those which are controverted . thus therefore as to any iurisdiction , privilege or preheminence of the crown that might seem doubtful , the swearer is many times bound to the use of means that it may be morally known to him , as sanderson's words are . yet what i have urged in this sixth conclusion as obligatory to us by virtue of the oaths , is sufficiently plain , and there is no occasion for employing a great genius and penetrating understanding and witt to discover that it is one of the privileges of the crown to be hereditary , and that the taker of the oaths is indissolubly bound to defend that right . there are several explicatory notions of the word defend and its extent , that often occur in the authors that treat expressly of the ius protectitium seu defensorium , among whom i account magerus de advocatiâ armatâ or of the right of protection given by sovereign powers , to be instar omnium , and who in the th chapter there critically descanting on the nature of the defence granted by protectors , saith , that verbum protegere necessitatem defendendi cum armis importat , and that protector , si in defensionis promissione jaramentum appositum fuerit , etiam non requisitus , clientibus succurrere tenetur : and that defendere non videtur , qui in totum non defendit : and that éffectum defensionis non dicitur consummatè implere qui non omni tempore , auxilio suo ac defensione praestò est . he there likewise tells us , that subditi tenentur defendere honorem regis : and that defence is too performed by words as well as deeds : and mentions how in solenni fidelitatis juramento vasallus se ad id obstringit quod vitam & honorem famamque domini non solum non violare , sed & contra aliorum conatus pro viribus defendere ac propugnare velit . but none need look abroad for the genuine importance of the word defend : for any man of common sense who hath taken the oaths knoweth by the recollection of his ordinary thoughts what it is to defend himself , and how natural it is for the hand to li●t up and expose it self to defend the head from danger , and knoweth by the call of the magistracy when and where and how by arms to defend his prince ; and natural logick tells him that he who in these oaths hath bound himself to assist , hath certainly bound himself not to resist , and that defendere qui tenetur offendere non debet : and that therefore whoever hath taken the oaths , and alloweth the doctrine of resistance , is a real heretick , and self-condemned : and that according as it is neither deniable nor denied by those who talk of haeres viventis , the taker of these oaths hath bonâ fide and in the good faith of a christian promised the same vigorous defence of the rights of those heirs and successors in the first moment of the descent of the crown to them , that is to say , immediately on the king's decease , that he is to perform as to the rights of the present king , and that here being a promise of defence to the king and his heirs , promittens duobus vel pluribus , dicitur promittere separatim & cuilibet pro virili : and that the rights of the prince regnant are not in the least prejudiced by this promise , for that obligatus duobus in solidum , est obligatus secundo , salvo jure primi , and that verba sunt intelligenda habito respectu rei & personae ad quam referentur . and the word belonging i. e. all iurisdictions , privileges , &c. granted or belonging to the king's highness , his heirs and successors , as it sufficiently ensures our obligations of defending the same to our kings in case of usurpation made against them , how prosperous soever it may be , so it ensures our obligation of the defence to his heirs in the due course of the descent : and holds our hands from paying allegiance to any vsurper . the law of god and the land sufficiently shew to whom those iurisdictions , &c. belong , that we have sworn to defend : and the civil law doth here appositely tell us , that possessio etiam animo retinetur , and doth account the very fraud that may exclude a right heir to be tantamount to a possession : quia pro possessione dolus est . and according to that law , qui actionem habet ad rem , ipsam rem habere videtur : and habere quilibet dicitur quod jure petere potest , sive de quo actionem habet . and on the whole matter , if the oaths of allegiance and supremacy are lawful oaths ( as all except roman catholicks grant ) it must likewise be granted , that the takers of them are indissolubly bound to the uttermost of their power , against all vsurpers and vsurpations to defend all iurisdictions , &c. belonging to the king , his heirs and successors as aforesaid : and the very same arguments that were prevalent with the takers of those oaths formerly not to take the engagement , nor to pay allegiance to the then vsurpers , do militate , and are very cogent and concludent for others who have took those oaths not to pay it to any but to the king , and to his heirs and successors in the due and legal course of descent , and for the defence of all iurisdictions , &c. respectively belonging to them : for according to the words in the forecited exercitation , the manifest drift of the oath of allegiance being the continuance and assurance of the crown ( upon concession of his then majesty's just title ) to his heirs in succession after him and one another lineally , and the defence of them therein against all other corrivals and opposers , it is plain that the defeating the succession in its due and legal course of descent in any one case , will be an vsurpation not only of the right of the lawful heir and successor according to the proximity of blood , but of the right of the hereditary monarchy it self sworn to be defended as aforesaid . it is therefore no marvel that some of the learned and loyal writers of the succession have judged that any such defeating of the succession as aforesaid would be criminal in the same kind as the late vsurpation was . it may be well supposed that many mens so seldom and so superficially thinking of those oaths occasioned their miscarriages during the former rebellion and vsurpation . unthinking men generally take those oaths as pills only to be swallowed down , and pro formà only , and when gilded over with an office of gain . but to a loyal and rectified mind the frequent sense of the moral offices resulting from those oaths is as pleasant as any thing can be to the taste : and according to that saying in iob , for the ear tryeth words , as the mouth tasteth meat , a man loyal to the degree required by those oaths , will not only nauseate all principles of sedition as rank poyson , but will be able so critically to try the words in any sayings that sound popularly and that are used by demagogues , as to find out what in them is wholsome and what poysonous : and accordingly as for example the excellent sanderson did in the maxim of salus populi , suprema lex , and did make the salus populi to include that of kings . and to this purpose if any will by the touch-stone of this my th conclusion try that maxim that among all demagogues so much passeth for currant coyn , he will find it not to be sterling , viz. that people were not made for their kings , but their kings for them : and this saying is partly favoured by what tully saith in his offices , viz. vt tutela , sic procuratio reip. ad utilitatem eorum qui commissi sunt , non ad eorum quibus commissa est , gerenda est . but after any one hath seriously weigh'd this maxim , he will find that kings and their people were made for , and are under natural obligations to one another , and accordingly as it may be said that parents and children were made for one another and to defend one another : and to this purpose the psalmists words are , lo children are an heritage of the lord , and the fruit of the womb is his reward ; as arrows are in the hand of a mighty man , so are children of the youth ; happy is the man that hath his quiver full of them : they shall not be ashamed , but they shall speak with the enemies in the gate . but in my further enquiry into the obligation relating to his majesty's heirs and successors that results from those oaths , my th conclusion shall be , that the takers of these oaths are bound thereby against attempting or endeavouring by any new law or constitution to interrupt the succession of the crown in its due and legal course of descent . i do account that the foregoing conclusion hath cut the grass under the feet of any who have taken those oaths , and yet would have thus interrupted the succession , and makes such interruption of its course not only unlawful , but to be a nugatory , ridiculous and unaccountable thing . for since by the known rights of the crown , the next heir to the crown is in the next minute after my king's decease actually king , and i am necessarily and indispensably bound to pay actual obedience or allegiance to him then , and have already sworn that i will then expose my lise in his defence , and the defence of his crown and dignity , it is manifest folly in me to attempt the interrupting the succession by excluding the right heir , whom i have thus indispensably bound my self to defend , and to obey , and who perhaps by the course of mortality , and kings who are nominal gods coming to die like men , may within a few minutes after my having taken the oaths , be entituled to my born and sworn allegiance . dolo facit qui petit id quod mox redditurus est . but , a sorry and pitiful trick it is and as remote from the subtility of the serpent as the innocence of the dove , that any swearer would put on himself , who attempted to injure any prince by going to exclude him from the allegiance that he is to pay him perhaps the next moment . we are well minded by sanderson in his second lecture , that simplicity becomes an oath , and that the swearer is to endeavour to perform what he hath promised , without fraud , deceit , double dealing or simulation : and he elsewhere questioning whether the words by my faith are an oath , saith , that tho by the custom of some countries , or the intention of him who speaks , they may be an oath , yet necessarily by virtue of those words an oath ariseth not , but only an asseveration , or an ●btestation : and he had before mentioned how soto did judge the words by my faith to be an oath : but the words in faith to be none . but others have judged that when on the word fides ( the which is justitiae fundamentum ) the word christian is built as an addition , the compleat fabrick of an oath is thereby raised : and with the weight of those great words before referred to , the oath of allegiance concludes , viz. and i do make this recognition and acknowledgment heartily , willingly , and truly upon the true faith of a christian . so help me god : which sheweth that those words did not casually nor indeed without profound deliberation there come in . when the true faith or the bona fides of a roman , did so much scorn to put a trick upon a law , doth not the true faith of a christian more abhor to put one upon an oath ? i have in my second conclusion asserted it in general , that the taker of all promissory oaths is bound to endeavour for the future , as much as in him lieth , by his deeds to fullfil what he hath sworn in words ; and here applying the same particularly to the king's heirs and successors , i will ask if it be congruous to bona fides , i. e. common honesty , if i am bound by law to pay a debt and have promised and sworn to pay it , for me to endeavour by any new law to evade its payment ? i have heard of a will made void by act of parliament : but after the executor had sworn to execute it well and truely , and to pay the debts and legacies of the deceased as far as the estate extended , could he bonâ fide and with a salvo to conscience , endeavour to quash it by the legislative power ? nihil ita fidei congruit humanae , quàm ea quae placuerant custodii . i. e. nothing is so sutable to common honesty , as that those things that have been once assented to should be observed , is a known saying in the civil law ; and so is that of vlpian in the digest , bonae fidei non congruit de apicibus juris disputare : and it being a rule of law there , that cum quid unâ viâ prohibetur alicui , ad illud aliâ viâ non debet admitti . i. e. that which cannot be done one way , or directly , must not be done indirectly or by another : and it being construed , that whoever acted contrary to this , did fraudem facere legi , do i to the uttermost of my power , and on the true faith of a christian , defend his majesty , his heirs and svccessors against all attempts which shall be made against his or their persons , their crown and dignity , and assist and defend all iurisdictions , privileges , &c. belonging to the king's highness his heirs and svccessors , if afterward to the uttermost of my power i endeavour to dis-inherit the lawful heir , and to exclude him from the benefit of his inherent birth-right by an extraordinary means ? is not the attempt or endeavour to effect this , to be accounted fraud , according to that rule of law , viz. fraudis interpretatio semper in jure civili , non ex eventu duntaxat , sed ex consilio quoque desideratur : and which follows after the rule , viz. generaliter cum de fraude disputatur , non quid habeat actor , sed quid per adversarium habere non potuerit , considerandum est ? 't is a true old saying , that fallacia pactorum dolum semper habet adjunctum : and omnis calliditas , fallacia , machinatio ad circumveniendum , fallendum , decipiendumve alterum adhibita are made to integrate the definition of dolus malus by labeo in the digest . and is it not a known rule among all the writers of defence , that defensio bonâ fide praestari debet , and that promittens aliquid facere , quod contrarium illius non sit●facturus , promittere censetur , and that defensionem promittens , non tam laesionem illatam avertere quam inferendam praecavere debet ? and can i without outraging the true faith of a christian and the christian simplicity and sincerity and singleness of heart , and the apostles precept , that no man go beyond and defraud his brother , project any law to exclude those from their birth-right , whom i have promised in express words to defend ? when the morality of cicero extended to the inclucating it in one of his orations , that est aliquid quod non oporteat , etiamsi licet , and when he in his offices renders it to be inhonestum , injuriam alteri non propulsare , and when the rules of law could tell us that non omne quod licet , honestum est , and when seneca could contemn the innocence as poor that was not more than the law required , and thereupon say , qua●to latiùs officiorum patet quam juris regula ? multa pietas , humanitas , liberalitas , justitia , fides exigunt , quae omnia extra publicas tabulas sunt , and when that st. paul hath ennobled the moral offices of christians by enjoyning in his epistle to the philippians , the practice of whatsoever things are true , whatsoever things are honest , whatsoever things are just , whatsoever things are pure , whatsoever things are lovely , whatsoever things are of good report , &c. it may well be expected that the true faith of a christian should prevail on christians not to attempt the compassing of any thing by a new law contrary to what they have by their oaths promised to defend , and contrary to the old fundamental laws of the land. and having thus far proceeded , my th conclusion shall be , that our obligation thus relating both to the king and his heirs and successors doth clearly arise from those oaths , without any condition on his or their part to be performed , and particularly without any respect had to what religion they shall profess . we know that iuramentum limitatè praestitum , limitatum producit consensum & effectum : but 't is likewise as notorious that there is nothing of limitation , no ifs or and 's in these oaths : and therefore that known rule of non est distinguendum , ubi lex non distinguit must here take place in the court of conscience . sanderson in his th lecture saith , if two oblige themselves mutually in promises of different kinds , or not at the same time , or otherwise without mutual respect , faith violated by the one , absolveth not the others obligation , but each is bound to stand to his oath , tho the other hath not performed his part . for example , a king simply and without respect to the allegiance of his subjects , sweareth to administer his government righteously and according to law. the subjects at another time simply and without respect to the duty of the prince , swear allegiance and due obedience to him . they are both bound faithfully to perform their several duties : nor would the king be absolved from his oath , if subjects should not perform their due obedience ; nor subjects from theirs , tho the king should turn from the path of iustice. mr. ny doth therefore in a printed treatise of his very well for this purpose cite bishop bilson , and saith , that bishop bilson , a great searcher into the doctrine of the supremacy of kings , giveth this as the sense of the oath , viz. the oath ( as saith the bishop ) expresseth not kings duty to god , but ours to them : as they must be obeyed when they joyn with truth , so must they be endured when they fall into error . which side soever they take , either obedience to their wills , or submission to their swords is their due by god's law. and tho some ill anti-papists have ridiculed passive obedience , after they had given the cautio juratoria against their owning the doctrine of resistance , mr. ny , doth very particularly , in p. of that book , inveigh against that doctrine , and saith , nor if they were able ( i. e. to resist ) is it lawful for a church to compel by the sword ; more than the magistrate may by the keys , or what is peculiar to the sacred function . uzza erred in the latter ; and peter in the former . the primitive rule and practice was this ; being persecuted in one city to fly into another , and pray that their flight may not be in the winter . i have read a manuscript book of mr. ny called , a discourse of ecclesiastical laws and supremacy of the kings of england in dispensing with the penalties thereof , where he asserts throughout the legality of his majestie 's declaration of indulgence , and the book was writ professedly for that purpose , and he there doth very rationally inculcate the unlawfulness of exclusion , as in his other book he did the unlawfulness of resistance , and saith , that civil rights and claims , and temporal things , are the immediate and intrinsic concern and interest of all states . dominium non fundatur in gratiâ . the just claim of a prince may not be interrupted upon account he is of this or that religion or perswasion . nor may a subject be justly banished , imprisoned , confiscated , or ruined on the mere account of religion , or because his conscience is not cast into the same mould with the prince , or present establishment . it is popery to deny allegiance to a prince , or protection to a subject upon the account of any such difference . it is therefore no wonder that our ancestors framing the oath of allegiance would have no principle of popery therein favoured by a side wind ; which according to mr. ny's sense must have happen'd , had there been any distinguishing reserves , or limitations or restrictions in the oath , respecting the religion of our princes . and because many men have been in this conjuncture of time tempted to strain their oaths and their consciences , by excessive fears and jealousies relating to religion , ( and as if god could not govern the world but by princes and their subjects being of the same religion ) and because mr. ny's judgment is of great authority among many of our religionary dissenters , i shall here insert somewhat more out of that manuscript of his , that falls under this consideration , and which is indeed writ with great weight and authority of reason , and worthy the writers great abilities . he having there put a question relating to religion and the worship of god being the great concern of a nation , and to the trust of dispensing with the penalties of ecclesiastical laws , saith , in answer to it , i endeavour to unfold , . in what sense religion is the concern of the state. . the nature of this trust : and as to the first he saith , the moment and weight of a matter in our deliberation hath its proportion as either under an absolute , or resp●ctive consideration . wisdom is better than riches in it self absolutely : but not in respect to the support of this present life . the knowledge of god and divine things is better than to know the virtue of drugs and plants ; but not in respect to the study of physick ; so religion and the worship of god is the chiefest and better part in it self considered : but in its respective considerations as to the family of a particular person or community of men for the advancement of civil affairs , there are other qualifications and inducements of greater consequence , and more directly and immediately tending to the being or well-being thereof . that there be no mistake in this great concernment , i further distinguish : there comes under the notion of religion , the holyness and righteousness that is of the moral law , principles whereof are in all mens natures , and attended in their actings by a natural conscience . . gospel duties directed and ordered by a supernatural light , no principles or footsteps whereof are found in us . for the former , religion in the first sense , as the knowledge of god , conscience of an oath , iustice , righteousness in our dealings , &c. are such things wherein the well-being of kingdoms and commonwealths is much concern'd . but religion as it stands in exerting supernatural principles , and in duties termed the commands of christ ( as the other the commandments of god , jo. . ) such as faith , repentance , sacraments , discipline , and the like gospel ordinances ; in the duties under this head considered and as distinct from moral duties , there is little or nothing directly and immediately contributed by them to mens civil interests , further than where these supernatural vertues are planted in mens minds , the moral duties of piety and honesty do more plentifully abound and are in exercise . as these moral duties do more immediately concern the common-wealth , so the laws thereof are principally drawn forth out of them , especially the second table duties , forming and building them into municipal laws under penalties and encouragements greater or less , as in the wisdom of a state is judged most conducing to the well-fare thereof . for these gospel-mysteries it is otherwise . for as they contribute to us in our civil government no otherwise than as before mentioned , so is there little contributed by the wisdom or authority of any state , advantageous to the gospel , but protection , or being a defence upon the glory of it . if adam had stood all common-wealths , had been prosperous and flourishing , and yet no faith , no christ , no repentance , nor any gospel-worship known or professed . and since the fall , you have had well govern'd kingdoms among heathens and turks that never received christ or gospel-worship . it is with states as with particular persons in commerce : another mans estate or trade or credit or any other civil concern with whom i have to do , is not prejudiced or better'd by omission or practice of what is a mere gospel duty . if a man i deal with be unjust , lye , steal , &c. my worldly interest is prejudiced hereby : but whether he repent , or exercise faith in christ for forgiveness of sins , and humble himself , i am neither gainer nor loser in my civil concerns . now it is gospel-worship , gospel-religion we profess in this nation , &c. the christian religion having suffered so much by so many pedantly and bigottish writers having mis-represented it as an invader both of the quiet and business of princes and governors , and as if the necessary different sentiments in religion according to mens several capacities , were still to give the political conduct of the world unnecessary trouble , and as if god who was in christ reconciling the world to himself , design'd by any various religionary notions to render christian princes and their people irreconcileable to one another , and ( 〈◊〉 i may say ) to make the world irreconcileable to it self , i am glad when i find the subject of religion by falling into the hands of any man of large and noble thoughts , to have right herein done it , as particularly hath thus been done it by mr. ny , who had made religion and politicks very much his study : and i can refer the curious to a great man of the communion of the church of rome , with some of whose notions in this point mr. ny's were partly co-incident , as any may find who will consult the d volume of the memoires of villeroy , whose great character is recorded by the bishop of rhodes in his history of harry the th of france , and to whom he was secretary , and was so before to charles the th and harry the d , and afterward to lewis the th , and the greatest part of d'ossat's memorable printed letters from rome was to him with high respect addressed . in the beginning of that volume we have his discours de la vraye & legitime constitution de l' estat , & que l' ordre y est , encore que la religion n' y fust : and in p. , he discourseth of this subject , viz. l' estat , & la religion n' ont rien de commun : and in p. . there his subject is , that l' estat n' est estably ny mainteny par la religion , ains la religion conservée par l' estat : and in p. . his theme is , that la difference de religion n' empesche point la paix de l' estat : and in p. . he discourseth of this assertion , that le prince ne doit etre consideré pour sa religion , mais pour ce qu'il est chef du peuple . it may moreover be supposed that god in his government of the world , and in his care for the church in particular countries , when he thinks not fit to incline a princes mind to receive the same religionary sentiments that the generality of the people owns , doth yet often endow him with those moral vertues and habitual inclinations whereby he is much better qualified for the protection of the people than any can imagine him to be by orthodoxy in the speculative points of revealed truth . the church we know is in scripture represented as a helpless minor , and kings are there mentioned to be its nursing fathers : and thus the canon law tells us , that ecclesia fungitur vice minoris , and the canonists , that à minoribus ad ecclesiam valet argumentum . it is here therefore obvious to consideration that power and moral honesty and diligence and courage and discretion are the chief endowments requisite for the protection of an orphans person and estate . we find these sayings commonly used by the roman catholick authors who treat of the rights of protection granted by sovereign powers , viz. religio cum protectionis jure nihil commune habet : and religionis communio propriè nulla homini cum homine , sed homini cum deo : and religioni cum juribus gentium nulla est necessaria conjunctio : and on these grounds mager●s in his th chapter of his advocatia armata , raising the question whether roman catholick and luther an and calvinist princes may lawfully protect and defend one another , determines that they may ; and that they ought so to do , pursuant to the agreements of the interim and other pacta conventa : and in his ●th chapter he refers to the settlement of the confraternities in germany between princes of several religions , and particularly of that settled between the dukes of bavaria and the count palatines of the rhine , tam quoad bonorum & principatuum , quàm dignitatis electoralis successionem , and which was not to be dissolved by either of those electors changing their rel●gion . and the same reasons are assign'd by him and other writers of the jus protectitium for the lawfulness of christian princes protecting iews , turks , and infidels : and it passeth among them as the common opinion of the canonists and civilians , infidelitatem non privare quemjure naturali , dominiove rerum aut provinciarum . and as i have already referred to the instance of abraham in obliging himself at once to abimelech and his son , and his sons son ; i shall here cast my eye on abimelech as an idolater , and take notice that the aforesa●● father of the faithful , and by whose bosom heaven is represented , and who had the honour done him by holy writ , to be called the friend of god , and by the chronological writers of memorable things to be called inventor foederum , ( and most worthy of him , as being the friend of god , it was , to be the inventor of alliances and federal friendship with men ) did make that first alliance with an idolatrous prince and with his whole race of idolaters in prospect . if then it is an allowed judged point by the consent of parties , that religion is out of the case when one prince doth freely protect another , and his subjects of different religions , it may be thence very well inferr'd , that it is most reasonable and just , and ought not to any to seem strange that subjects , who owe a natural allegiance to their princes , are indispensably bound to pay the same to them , and to defend all their regal rights without any regard to the religion their princes may profess : and on the other hand that princes may oft protect their subjects who differ in religion from them , in the enjoyment of their rights . i grant that some popish princes abroad having rivetted the inquisition into their politicks , and being perhaps of harsh or bigotted dispositions , have out of a regret against hereticks expelled infidels from their territories , and by which expulsion such princes have been sufficient losers in this world : and a case of which nature is particularly referred to by the bishop of rhodes in his history of harry the th of france , who accounting the moors in spain to be about a million , mentions the hard usage they there found , and that before they were thence expulsed they applied to harry the th for protection , once when but king of navarre , and afterward when king of france and a roman catholick , and who then did no more doubt of the lawfulness of protecting them , than while he was a protestant , however he forbore on political grounds only to protect and defend them . nor when he forsook the communion of the protestant church were any of his heretical subjects used by him with any hardship on the account of the hard word of heresy : and i believe his notion of the practicableness of an orderly political government without reference to religionary differences , was the same with his great minister villeroy's . i have mentioned how cardinal d' ossat told the pope , that if his holyness were king of france at that time that harry the th was , he would shew the huguenots the same favour that harry the th did ; and shall observe it that in the famous printed oration of cardinal perron , made to the d estate , or commonalty of france , tho he speaks of the lateran council , and owns and asserts it to be a general one as strenuously as the learned bishop of lincoln hath since done , and faith , when that council intended to provide for the extirpation and rooting out of the reliques of the albigenses , it ordained that the princes who should become contemners of the council that condemned the albigenses , should be deprived of the obligation of their subjects fidelity to them : yet he then adds , and this i remember not for an example to disturb or trouble the publick peace or tranquillity , seeing the hereticks are here in so great a number as that they make a notable part of the body of the estate , &c. here then i have named two cardinals of as great real eminence as any the church of rome could ever shew , who held it lawful for a catholick prince to protect his protestant subjects , notwithstanding the lateran council . but what tacitus speaks of the duty of common men , namely , that they should not penetrate abditos principis sensus , nay , be particularly applied to their religion . and the apostles caution of who art thou that judgest another mans servant , may here be improved by saying , who art thou that judgest thy natural liege lord , and particularly as to matters of religion , wherein the most antimonarchical writers will allow them accountable only to god. and to any protestant who having followed his judgment of discretion , hath separated from the communion of another church , and yet shall censure his prince for so doing , those other words of the apostle are justly applicable , therefore thou art inexcusable o man whosoever thou art that judgest : for wherein thou judgest another thou condemnest thy self : for thou that judgest doest the same things . the christian religion that hath enjoyned us not only to defraud and injure , and offend none , and to love our neighbour as our self , and extended that neighbourhood to all humane kind , hath likewise commanded us to honovr all men , and especially to render honour to whom honour is particularly due , and not rashly to judge another : and if men would imprint on their minds a serious sense of the moral offices to which they are obliged by virtue of those expressions , they would soon be better guided in the measures of their obligations relating to the king and his heirs and successors without being tempted as formerly to exclude any of them from their civil rights on the account of religion . ames in his cases of conscience doth well descant on those moral offices : and in his chapter of charity to our neighbour , he assigns some particular cases , in which , as to the actual exercise and effect of charity , one is to love , his neighbour more than himself , and instanceth in our being in temporal matters obliged to prefer publick persons to our selves , and saith , that all are to be reckoned among publick persons concerning whom it is manifest that they are useful to the realm : and in the case of whom he determines it , that on their occasionally being in danger of their lives , we are to venture ours . are we not then , when we may without the peril of our lives defend the civil rights of an heir of the crown , who by the venturing his life hath supported the honour of the realm , obliged to forbear excluding him from the benefit of his birth-right ? the privilege of his owning the belief of religionary propositions , tho differing from any other mens , was purchased for him by the blood of christ , and in using it , he doth but use his own right , and consequently injures no man : and if we slight the offering his own blood to us , shall we too vilify , or ( as i may say ) endeavour to nullify in his case the effect of the blood of his saviour ? ames in his chapter de honore proximi tells us , that honour , according to the common notion of it , doth denote the testification of the excellence and worth of any one : and that such testification thereof cannot appear before men but by words and actions : and that it likewise includes a congruous judgment and internal affection , in the which there is a kind of inward testifying before god : and therefore the solid office of honovring doth chiefly depend on the inward acknowledgment of any ones worth or excellence . and afterward referring to the express command in st. peter of honouring all men , he saith , vix quisquam reperitur in quo non possimus aliquid observare in quo nobis est superior , si ex humilitate judicium feramus . phil. . . and then speaking of impious men , saith , quatenus boni aliquid habent , justum ejus testimonium non est ipsis denegandum . he afterward in his chapter concerning rash judgment , shewing that it is a sin and how , saith , . 't is a sin of levity against prudence . . 't is contrary to the principles of nature , quod tibi non vis fieri , &c. for no man is willing that his neighbour should judge rashly of him and his actions . . it diminisheth the good of ones neighbour , and opposeth his right : for that every man hath as much right to his good fame , as to a depositum in any mens hands , till he himself has by his actings took it away . . it begets contempt of ones neighbour , rom. . . . by which means it happens that he is held unworthy of beneficial employments . . 't is an vsurpation of the judgment and authority of god , who judgeth of hidden things : and in that chapter raising the question , whether and how doubtful matters are to be interpreted in the better part ? he answers , . that what is doubtful as to things , ought to be weighed according to reason , without inclining to either part . . that what is doubtful as to persons , wherein their good or ill repute is concerned , is absolutely to be interpreted in the better part . cor. . . and that at least in such a case we are not to judge ill of our neighbour : and further , that we are so in common offices or duties to demean our selves to him , as if he were an upright man , since the contrary doth not appear to us . this is the judgment of charity . and in his chapter de exemplo bono & scandalo , he saith , that there must of necessity be sin in every scandal , because the ruine or spiritual detriment of ones neighbour is therein concerned . he there moreover doth inculcate one great point of morality in order to the avoiding of scandal , and saith , damnanda & horrenda est illa perversitas judicii qua solent multi quorundam labentium casu aut hypocriseos detectione , alios professionem similem facientes , hypocritas idcirco pronunciare . hoc est enim planè diabolum imitari in piis accusandis & iniquâ suspicione gravandis , job . . and having said all this , may i not ask if he honoureth his prince who doth not think him wise enough to choose his religion ? when the fate of our princes is usually to fix their marriages with relation to the wellfare of the state , and when their favourites are so seldom permitted by the populace to lie quiet in their bosoms , and that 't is a princes lot thus not to be like others , able to choose his wife or his friend , shall he not choose his god ? since that verse in phil. d referred to , saith , in lowliness of mind let each esteem other better than themselves ; doth he observe that precept who esteems not his prince as fit to be trusted with the freedom of choosing his way to heaven , and the judgment of discretion as himself ? since there are many qualifications of excellence for the discharge of the regal office , that claim preference of a princes orthodoxy in the belief of the mysteries of the gospel , doth he honour all men , and particularly , give honour to whom honour is due , who when he sees the whole world agreed in the fact of his princes heir being most signally , perhaps beyond any one of the age , blest with those qualifications , shall instead of testifying by words and actions such his excellence and intrinsic worth ( and wherewith god hath honoured him ) try to exclude him from the throne ? a great philosopher of our nation , and one who hath writ philosophically of the passions , tells us , that the value or worth of a man is , as of all other things , his price , that is to say , so much as would be given for the use of his power , and therefore is not absolute but a thing dependant on the need and judgment of another : and then tells us , that an able conductor of souldie●s is of great price in time of war present or imminent . and any one that will consider what the present war-like state of the world abroad is , and that by necessity of nature in the growing populous world we must expect the peremptory noise of wars and rumours of wars , to be more and more calling on our attention , will probably be of opinion that the high-born lawful princes of great martial talents will be the best heirs and successors heaven can send any countries . that author somewhat suitably to ames his notion of honouring , saith , the manifestation of the value we set on one another , is that which is commonly called honouring and dishonouring . to value a man at a high rate is to honour him : at a low rate is to dishonour him . and i may add that an heroical habit of courage in any prince is the more valuable or intituled to honour , because it is by necessity of nature accompanied with the highest clemency and gentleness , it being the excessive fear of danger that puts cowardice on cruelty . the author i refer to says likewise , that to be descended from conspicuous parents is honourable , because they more easily attain the aids and friends of their ancestors . on the contrary to be descended from obscure parentage is dishonourable . with how great an honour then and reverential awe ought we to think of the great claim of birth-right , the next heir of the crown hath , which may be lineally and successively derived from the british , scotish , danish , saxon , and norman princes above two thousand years , which is more ancient than any prince in the world can shew ? and when god who finished his work-man-ship of the world in six days , hath been two thousand years in making up the hereditary glories of this line , can we without horror think of any ones dishonouring it , by breaking in on its succession under pretences of religion or honouring god ? when so many fountains of royal blood have been filling this sea of honour two thousand years , will a few men by their poor sculls project to empty it , or with the breath of sophisms to turn the great purple tide that hath born down the world before it so many years ? but it is not only the thought of the aides that the next heir of the crown may have from the friends of his ancestors , that may make his descent from conspicuous parents so justly to be honoured , as was said , but the sight of all the lines of the great and honourable actions of his numerous ancestors , being made by the hand of heaven to point at him as the centre , and their being fixt so in his memory that we cannot well think of his thinking of any thing but honour , that must make other subjects pay the greater veneration of his high birth . it is so hard a matter even for the flights of imagination with the exquisiteness of art to produce thoughts of kings and princes any way proportionable to their real figure , that i have observed that our old famous dramatists of the former ages could hardly in any scene give us the character of a king done up to the height of a monarchs glory : and as the characters of kings in those days were expressed , it was but necessary that the rule in theaters should be , that the kings should enter there with loud musick that so their quality might that way be understood . it is then no marvel if so many in the present age who are not made è meliore luto , and whose education was low , and whose souls are narrow , cannot comprehend the honour of the great part that god calls kings to act on the stage of the world , and are especially strangers to the great thoughts that are to be supposed to crown the souls of kings when they espouse a religion . but in that great particular concern of princes owning their religion , we are morally bound to think of them with all the honour we can : nor to repine at that our duty to them , since in the concern of religion , and as it is a principle of the divine life we are to honour our inferiours , and cannot without profanation and usurping on gods right judge them rashly . we are not to think that our honouring all men , and the necessary parts of that duty are recommended to us by way of council in order to a more perfect life , and as not sub peccato obliging any but those who have by vow bound themselves to the practice of the same : but we are to esteem them precepts , and properly so called , and universally binding , and as necessary parts of that holiness without which no man can see god. and therefore when i see any man after much labouring of his thoughts to have changed the profession of his belief of any tenets controverted among christians , and particularly one who was in the communion of the church of england to own the belief of transubstantiation , purgatory , and the doctrine of iustification according to the sense of the council of trent , or other such points , and shall find that most certainly that it neither was nor could be for gain or respect to temporal advantages that his judgment appeared thus altered , nor yet out of levity and natural inconstancy , and that his habitual constancy and steadiness in all measures relating to persons and things long by me observed , have assured me that no such change could thence proceed , and shall further observe in such person a greater tenderness in his regard to second table duties than before , and that his inclinations of beneficence to all mankind , and particularly to his former friends now differing in judgment from him , have not been tinctured and discoloured by any alteration of his notions , i shall think my self under various moral obligations to honour such a person , tho perhaps erroneously opining . i will honour him for his discharge of his duty in trying all things , and having spent time in examining the truth of religionary speculations , and taking up a religion not by chance ( as most orthodox religionaries do ) but by choice . i will honour him for following that which sanderson in his lectures of conscience calls the next and immediate ( tho not the adequate ) rule of his conscience , the light of his mind for the time present , a light that i see so many orthodox religionaries playing with or endeavouring to extinguish . i will honour him for the great sacrifice i think that he honestly intends to truth , ( and to offer which to it i see so many persons who erred , so reluctantly brought to its altars ) i mean the pride and glory of the humane understanding by a recantation of its former sentiments , a sacrifice that to him , who consults with flesh and blood , may seem as unpleasant , as the offering up of isaac did to abraham . and since to presage well of men is to honour them , i will thus in the case of such a person , who hath thus honoured god by taking up his ●ross and taking shame to himself , believe that god will honour him , and judge , that tho he may in statu viatoris have mistaken error for truth in his way , he will not mistake hell for heaven at his journeys end . moreover since to speak rashly to or of any men is a dishonour to them , i will not only not dishonour such a person by determining that his error is voluntary ( which whether it be so i can never know , and which if it be not , i do know it can be no sin ) but will pay him the just honour of my judging it to be involuntary ; as knowing that neither he nor any one else can command his own understanding , and that the nature of the understanding is such that it can no more apprehend things otherwise than they appear to it , than the eye see other colours in the rain-bow than it doth , whether those colours be really there or no. moreover altho i know that no law binds without a promulgation , and that that promulgation of divine positive laws may by reason of mens diffent abilities of understanding be sufficient for one man that is not for another , ( and so that the erroneous opinion of one man may be a crime , and another mans holding the ●●me opinion may be innocent ) yet i will not dishonour the understanding of any man for his not believing the controverted points of christian religion , that i observe other men of great intellectuals profess the belief of : and do consider , that as the wind bloweth where it lists , so the influx of the divine spirit on men is not confined to the excellence of their understandings , and that god doth not always reveal his mind to men according to the proportion of their gifts and graces , and that when the book of the law was found and read before iosiah , hulda the prophetess was sent to and consulted , tho there were prophets in the land at that time : and that that was revealed sometime to nathan , that was not to david , who was in all points his superior . i will according to what was cited out of ames , interpret every thing of him in the better part that is doubtful . and tho men do naturally think themselves equally wise , i will , according to the morality enjoyned by that place in the philippians , esteem him better than my self : since a great part of wisdom consists in the proportioning of the means to the end , i will out of the knowledge of my own frequent omissions in that kind , account that we both having designed the same end of eternal happiness , he tho differing from me in speculative points , yet hath by his practical devotion proportioned his means to that end better than i have done . moreover because it is a dishonourable thing for any man to receive a religion in gross , and servilely to own all the religionary sentiments that the major part of any church seem to do , i will not so much as in my secret thoughts charge such a person with owning all the religionary tenets of the church of rome , and much less with owning any one of the tenets that is irreligionary , how justly soever chargeable either on the papacy or any of its adherents . i who am a son of the church of england , have considered how its constitution hath been prop'd up in various ways , and on different hypotheses by several of the fathers and great writers in that church before arch-bishop laud's time and since , and how some of them in some points receded from its articles , and that many of them did in several doctrines of importance variously interpret its articles . my conversation with several divines of that church who are equally learned and pious , hath let me see that in many theological speculative points they differ much from one another , and yet retain perfect charity for one another ; and their notions as to which points they have in prudence not troubled the populace with . and yet even in our very protestant populace in this conjuncture of zeal against popery , i have observed so much candour expressed to protestant writers who have asserted some speculative points that seemed to agree with the doctrines of the church of● rome , that no one man hath either called them papists , or protestants in masquerade for so doing . i have not heard of any who hath censured mr. baxter as a papist or popishly affected , since dr. tully in his printed letter to him , p. . desiring him to take his balance and weigh more diligently , that he might see the very small odds , between his iustification and the council of trents , addeth , for to me neither of them turns the scale upon the other . there was likewise after the beginning of the popular out-cryes of the danger of popery a learned metrophysical book of dr. glisson ( who was professor of physick in cambridge , and fellow of the royal society ) printed and dedicated to the earl of shaftsbvry , and in the th chapter there , viz. de substantiarum penetrabilitate mutatâ quantitate , the dr. saith , that 't is better to admit penetration , than a vacuum , however we have been taught from our child-hood to believe that there is no penetration of bodies and dimensions , and doth combat those old notions of philosophy with which transubstantiation was opposed formerly ; and yet was never censured so much as popishly affected for so writing ; nor have i observed any one to blame him for it , or to have animadverted on his book . i have likewise observed that several protestant divines have not been in the least reproached or censured as maintainers of purgatory , when they have professed their beliefs that the souls of good men after death go to a good hades , and of bad men to a bad one , and are to stay in those common receptacles till the day of judgment . it is hence obvious that there are ingenious protestants who do not take up their religion in gross , and that the fear of popery or hatred of it is not generally so much founded on the speculative religionary propositions maintained by papists , as partly on the arbitrary power claimed by the pope to impose creeds on men , and by which power he may if he pleaseth command them to believe that there are no antipodes , and excommunicate any who believe there are , as one pope long since did , and partly on his claiming a power to disturb the measures of their loyalty to their princes . in such a conjuncture therefore as this , when 't is so much out of fashion to think any one the less a christian , or the less a protestant for differing from others of the church of england , in such point as aforesaid , it would be an aggravation of the immorality of our not acknowledging the honour due to any person of the roman-catholick communion , because supposed to own speculative religionary tenets of this nature , and which too have no influence no mens conversation with each other , or on their actions as they are members of any civil society , and ( as one saith ) would be still the same with all the consequences of them , tho there were no other person besides one's self in the world. and therefore as i will rashly charge no protestant with the servile resignation of his reason to any true church , nor look on him as one who doth , more balantium antecedentem ducem sequi , so i will not without just ground and certain proof charge any papist with the taking up his religion in gross from the papal chair , nor with the owning all the religionary tenets that many romanists do , and much less with any one of the irreligionary tenets imputable to any order of the church of rome , or to the papacy . to think any papist the less a christian for owning such tenets which being held by some protestants , we think them not the less christians for , doth most notoriously come under the sin of acceptio personarum , and is contrary to that precept of st. iames , viz. my brethren , have not the faith of our lord iesus christ the lord of glory with respect of persons : and by which accepting of some mens persons the duty of honouring all men , and valuing their real worth is manifestly outraged . i will by no means therefore rashly charge any particular papist with owning the tenet , that he is implicitly to obey the commands of the pope without weighing the justice of them : for i find the contrary tenet own'd in print by the seven divines of venice , as ames mentions it in the preface to his puritanismus anglicanus , where he saith , in tractatu illo iudiciosissimo à septem theologis ( meaning those of venice ) de interdicto papae conscripto , verbatim ponitur & nervosè firmatur haec propositio , viz. christianus praecepto sibi facto etiam à pontifice summo , obedientiam praestare non debet , nisi prius praeceptum examinaverit , quantam materia subjecta requirit , an sit conveniens , legitimum & obligatorium : & is qui si●e illo examine praecepti sibi injuncti , caeco quodam impetu obedit , peccat . and do not many of the church of rome by their being picque'z d' honneur upon the being called papists , give some indication thereby of their being not obliged to pay an absolute blind obedience to the pope ? and tho bellarmine and several of the popes parasites have called those hereticks , that believe not the iure-divinity of the popes monarchy over the world , yet all the gibelline papists of old made it heresy to say that the emperor was not by divine right lord of the world. moreover tho some papists have writ opprobriously of the scripture , and called it as well as made it a nose of wax , yet is the reverence of others of that church for those inspired writings sufficiently known , and as may appear by that great saying of panormit●n so often cited by the protestant writers , viz. laico verum dicenti cum evangelio , magis credendum , quam concilio falsum dicenti contra evangelium . it is so easie a thing for every man of ordinary reading and observation to expatiate on the common place of the disagreements of the writers of the church of rome , in various important religionary doctrines , that i need not here do it . 't is a common observation that in spain and italy it is the common opinion that latreia is due to the cross , which in france and germany is not so : and that at rome no man may say that the council is above the pope , nor at paris that the pope is above the council : and as to the great doctrine of iustification , every one hath heard of bellarmin's tutissimum , and of stephen gardners laying his dead grasp on christ's merits as he was sinking : and as to some papists not believing the school conclusions in that church , there is a famous instance cited by crackanthorp in his logick , concerning a great roman catholick writer , who said , sic dicerem in scholis : sed tamen ( maneat inter nos ) diversum sentio . sic dicimus in scholis : sed tamen ( maneat inter nos ) non potest probari ex sacris literis . and therefore ( since as was said ) every man hath a right to his good name till he hath justly forfeited it , i will honour such a roman catholick as before described , with the reputation of his being a good christian , and shall think that i am morally bound to esteem all papists so qualified to be better christians than any orthodox protestants that want those moral endowments : and according to my obligation to honour all men and love the brotherhood , and consequently to be readier to do good caeteris paribus to christians than to those who are strangers to christianity , will thus love such a papist as a part of that brotherhood , and by our saviours measures in those words of the same being his brother , sister and mother whosever shall do the will of god , will take notice of and honour , and love such a roman catholick as much as if the closest iura sanguinis united me to him , and with respect to not only the one blood that all nations were made of , but the one blood they were redeemed with , and by virtue of those other words of our saviour , viz. that if any man will do his will , he shall know of the doctrine , &c. will account that in points necessary and essential to such a mans salvation , our blessed lord hath been as ready to make his doctrine known to him , as effectually as he could be supposed to make it known to such near relations . they are expressions worthy of a divine of the church of england , in an excellent sermon that goeth under the name of dr. tillotson , viz. i had rather perswade any one to be a good man , than to be of any party or denomination of christians whatsoever . for i doubt not but the belief of the ancient creed without the addition of any other articles , together with a good life will certainly save a man. and since iustin martyr when trypho the iew demanded his thoughts of the salvation of the iews then living , and expected that he would pronounce them damned , the martyr answered , that he hoped they might be saved if with their ceremonials they did also observe 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ; i. e. the eternal and natural rules of indispensable holyness : and since he notwithstanding the barbarous uncharitableness of the stiff-necked and narrow souled iews , who would not shew a traveller the way that was not of their religion , did yet shew the invincible charity of a christian to them being ready ( as he saith ) 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , i. e. to receive them friendly and to communicate all things to them as brethren or affectionate friends , it may well be esteemed an uncouth sight see some peevish nominal protestants , who observe none of those rules , yet to exclude papists out of the christian brotherhood , and even to damn them who with the ceremonies of the church of rome , do most religiously observe those great and noble rules ▪ and therefore tho the reconciling of churches is by some good men hoped for , and by all good men wished , yet since it can by no rational men be supposed possible without a previous reconciliation of persons first had , and that this latter is no project but a moral duty and vital part of christianity , and that 't is an empty project for any one to think to deserve the name of a christian without being reconciled to the whole creation of god , and being first reconciled to his brother as the expression is in st. matthew , i shall with that this duty of honouring all men , and as inclusive of our internal affection and testifying before god the worth and excellence that is in any roman catholicks , and of the interpreting all doubtful matters relating to them in the better part , ( as was before explicated out of ames ) may more and more be thought of by protestants as essential to their christianity . any one who will consider that canon of our church , viz. it was far from the purpose of the church of england to forsake and reject the churches of italy , france , spain , and germany , or any such like churches in all things that they held and practised , &c. that it only departed from them in those particular points wherein they were fallen , both from themselves in their ancient integrity , and from the apostolical churches which were their first founders , may see the great perfection of the principles of the church of england in honouring all men , and loving the whole brotherhood of christianity : and our duty wherein as necessary to salvation is very excellently inculcated by a great father of that church , i mean , my lord primate bramhal in his just vindication of the church of england p. . where having said , that the communion of the christian church catholick is partly internal , partly external , and made it part of this internal communion , to ●udge charitably one of another , to exclude none from the catholick communion , either eastern or western , southern or northern christians , &c. to rejoyce at their well-doing , to sorrow for their sins , to condole with them in their sufferings , to pray for their constant perseverance in the true christian faith , for their reduction from all their respective errors , and their re-union to the church in case they be divided from it , &c. and lastly to hold an actual external communion with them in votis , in our desires , and to endeavour it by all those means that are in our power , he tells us in plain terms that this internal communion is of absolute necessity among all catholicks . and in p. th he declareth to the same purpose , that internal communion is due always from all christians to all christians , even to those with whom we cannot communicate externally in many things , whether opinions or practices . but external communion may sometimes be suspended more or less , &c. and he doth afterward in p. assert , that christian communion implies not an vnity in all opinions : and shews , that the roman and african churches held good communion one with another , while they differ'd both in iudgment and practice about rebaptisation . as for any projected universal vnity of opinions , i look on it to be as impracticable as our levelling republicans eqval division of lands in the late times by their wild agrarian laws : for the birth of the next child would necessarily break that their model , and the same fate might be expected to happen the same way to this model of vnity of opinions , or perhaps by the birth of the next hour . but this internal communion is a thing most possible , and our duty tho without hope of unity in all religionary opinions to ensue thereby , according to the doctrine of this great primate . if then we are morally bound to have this internal communion with all foreign roman catholick princes and their subjects , as before described , how can we without horror think of the excluding any heir to the crown ( for fear of his believing the same religionary notions that they do ) from the catholick communion , and of excluding him from his birth-right on such an account whom we must always have this internal communion with , and rejoyce in his good successes , and condole with him in his ill , and to hold an external communion with him and any church he is of , in votis , in our desires , and to endeavour it by all means that are in our power ? did any endeavour it , who would by depriving him of his birth-right on that account , and holding the same tenet with papists of dominium fundatur in gratiâ , gave him such a just cause of scandal , as without the divine spirit assisting him , might endanger his withdrawing from the whole christian communion : and tho the honest heathen could tell us , that cavendum est ne poena major sit quam culpa , and all casuists agree , that poena non debet excedere delictum , and tho magna charta tell us , that ex quantitate poenae cognoscitur quantitas delicti , quia poena debet esse commensurabilis delicto , yet attempted to punish him by the loss of his birth-right of the crown , when it could not be certain to us that he had committed any fault at all , and when by the judgment of charity we were bound to believe that he had committed none ? to many of our nominal protestants , whose thoughts and ideas of christian communion are too narrow to extend not only to a national church , but to a parochial one , this notion of the incomparable primate ( for whose august charity one christian world of religionary differences was not enough to overcome ) about internal communion , will i believe seem new doctrine and duras sermo ; but if they would be true christians instead of being called true protestants , this duty of internal communion from all christians to all christians , must be practised by them : and if this duty hath a divine right for it as to the persons of papists abroad , it must be operative as to those here at home . he who loveth not his brother whom he hath seen , i may ask , how can he love either his god , or his brother that he hath not seen ? the sham-war among any protestants and papists must not only be lest off , but they must honour the persons of one another : and protestants are not only to forbear robbing papists of their goods , on pretence of carrying away their images and pictures , but are to honour the image of god shining in the lives of , or the gifts of god dispensed to any papists . mr. burroughs in his irenicum , p. . saith , we accounted it tyranny and persecution in the bishops , when they would not suffer such as could not conform to their church discipline and ceremonies , to teach grammar or practise physick : and saith , that there was no dependance between their errors ( if you will call them so ) and these things . to deny the church and commonwealth the benefit of the gifts and graces of men , on such a pretence that they will abuse their liberty , we thought it was hard dealing ; yea no less than a persecution . suppose a man differs from his brethren in point of church discipline , must not this man have a place in an army therefore ? tho he sees not the reason of such a discipline in the church , yet god hath endued him with a spirit of valour , and he understands what military discipline means , &c. ought not then persons of his principles to revere the heroical endowments of an heir to the crown , which do much preponderate as to the continuance of the being and well-being of the kingdom , to supposed orthodoxy in some mysteries of the gospel , as was shewn out of mr. ny ? king iames had great talents in polemical divinity , to prove by words , that the pope was anti-christ ; but will not these latter endowments necessarily prevent the pope's being anti-christ in deeds , if he were inclined to hurt us by shewing himself such ? ames in his puritanismus anglicanus giveth this as the chief reason why the puritans hold the bishop of rome to be the anti-christ , viz. for that he being an ecclesiastical ruler doth arrogate and exercise the chief power over kings and princes . and doth any one fear that he can exercise such power over a prince of these endowments ? and i may add , have not many factious and republican nominal protestants here compleated that figure of anti-christ ? how many vertues must any indifferent man overlook in this pope , who thinks he would outrage our civil government , and how many vices must he wink at in such persons who thinks they would not do it ? and by virtue of our blessed lords having decided it that he was the better son who said he would not do the will of his father and did it , may it not be said , that those papists who say they will not take these oaths , and yet perform their natural allegiance , are more loyal than such nominal protestants , who have took the oaths and observe them not ? as much an abhorrer as i am of the principles of the iesuites condemned by this pope , i shall yet think my self bound by the moral offices beforementioned out of ames , not to charge the belief or practice of them on all persons in that order . for when i consider the devotional books of some iesuites , writ with such strong and lively expressions of the practick part of religion , as any person of candor will think to be founded on a real deep sense of all moral offices lying warm at their hearts , i account it impossible for them to have believed some of those tenets : and as i once observing at the anatomy of a poor malefactor , that his stomach appeared not able to contain above the quantity of a quart , would easily have thence inferred , had i heard him accused of being wont in his life-time to debauch by ingurgitating vast quantities of liquor , that there could be no such thing , so shall i think it not possible that this sober party of the iesuites who are really devout , can swallow such irreligionary principles , as too many others of them have done , we know that not many eminent popish writers , but particularly azorius the iesuite hath writ against the iesuites doctrine of equivocation , and mental reservation : and crackanthorp and ames and other protestant writers in their writings , impeaching that doctrine of the iesuites , have quoted azorius as on their side in that point . i doubt not but many pious persons of that order are glad of this pope's having damned such tenets , which they never did or could believe : and i will now upon the popes having condemned them , judge no particular papist to believe them till i find cause so to do . and notwithstanding the hard usage our learned lord bishop of lincoln's book had from the author of the compendium saying , that the title of the book confuted the whole , because it mentioned the principles approved by the church of rome pernicious when really believed and practised , i shall still think the pleonasm or exuberance of the charity in so qualifying the danger of the tenets he confutes , to be worthy a prelate of the church of england , and do think the like of the charity of the bishop of winchester expressed in his printed sermon of the th of november , where having spoke of the doctrines of dissenters tending to sedition and rebellion , that seem to be derived from the church of rome , he saith , if those doctrines are believed and practised , they must necessarily produce confusion among us : and do think that if the papists could gain the point , namely , to be looked on by protestants as not to believe several parts of the tenets of popery that are irreligionary , and particularly that about the exterminium of hereticks enjoyned by the lateran council to be not believed by them , it would be a point very well gain'd , and any one who could gain it for them , would be a more useful friend to them than ever bellarmin was . to give a man the lye is the greatest dishonour , and therefore when any papist shall tell me that he believes not the lateran council as obliging , or other tenets chargeable on the papacy , i shall not tell him that he doth , but shall pass my judgment of charity that he doth not believe the same , and shall account him still a roman catholick tho perhaps erroneously denying that to be a general council , as i account luther a christian and owner of the authority of the bible , tho he erroneously denied the divine authority of the epistle of st. iames. the learned author of the advocate of conscience liberty printed in the year . and said to be mr. brown a franciscan , in his th chapter , viz. of roman catholicks being not guilty of practices or principles destructive to government , and reproaching the english and foreign protestants with such principles saith , was it from any of their books ( meaning the books of the papists ) you have drawn those wild maxims , that the authority of the magistrate is of humane right ? that the people are above the king ? that the people can give power to the prince and take it away ? that if a king fail in performing his oath at coronation , the people are loosened from their allegiance ? that if princes fall from the grace of god , the people are loosed from their subjection ? do not these doctrines proceed from wicliff , waldenses and other sectaries ? and then mentioning calvin for owning such maxims , saith , that calvin l. . c. . instit. from his high consistory giveth this absolution to all oaths of that nature , quibuscunque evangel●i hujus lux effulgeat & ab omnibus laqueis juramentisque absolvitur . but that loyal franciscan there happened to injure calvin by a false quotation , which i believe he had took up on the credit of the romanist author of monarcho-machia or ierusalem and babel , who had cited the th book of calvin's institutions for that purpose , but very falsly : for calvin in all that chapter hath not a word of such oaths of allegiance as subjects take to their sovereigns : but treating only of monastick vows , he saith , nunc postquam veritatis notitiâ sunt illuminati , simul christi gratiâ liberos esse dico , &c. i. e. from those monkish unwarrantable vows that they had made , and out of error and ignorance held themselves obliged by . but i doubt not if parsons aliàs doleman , and the book of the prelate and the prince had been shewed to this franciscan , he would have answered to this effect , viz. these men and many roman catholick authors by them cited , held those disloyal trayterous principles beforementioned , but i fall will a sacrifice rather than hold such . i honour the spirit of zeal against disloyalty that runneth through his book , and in p. , , , , . he very learnedly endeavours to answer the objection about the lateran council , and saith thereupon what the matter will bear : and he and many other roman catholick writers have disown'd the authority of that council as obligatory : and therefore the judgment of charity will incline any one to think that such roman catholicks would not disorder the world by it . moreover some protestant writers have judged that council to be invalid , and dr. donne , who was very well studied in the learning that relates to the canon law and general councils , doth particularly in his pseudo-martyr p. , , , . take a great deal of pains to shew the invalidity of that council : and that it was never meant to oblige sovereign princes . but the author of the prelate and the prince doth in p. , , , , , , , , . with much learning statuminate the authority of that council : and asserts it to have been a general one , as the cardinal perron and the bishop of lincoln have done : yet what i have mentioned of that famous cardinal 's not believing the principle of the church of rome founded on that council for princes exterminating their heretical subjects as always obligatory , nor promoting the practice thereof in france , where the huguenots were then about a th part of the whole people , hath justified the reasonableness of the charity of our bishops in qualifying the danger of some papal principles with the restriction of their being really believed and practised : and the same rule in my notion of their danger shall always guide me , that is to say , when the poyson of such principles is really swallowed , it must then be pernicious . the poyson may lie in the boxes of the canon law or a general council , and yet not poyson the minds of pious catholicks , nor foul their fingers . i having found just cause so far to honour all the roman catholicks of my acquaintance , as to judge them free from any complication of the belief and practice of any irreligious principles with the principles of their religion , and particularly from the owning any principle of disloyalty or the iesuites doctrine of calumny , or the obligatoriness of the lateran council , will not rashly pronounce any other particular papist guilty of the belief or practice of such principles . nor is it any great honour that i have done to any men of extraordinary vertue in thus judging , that they cannot believe or practise such principles : for that it being true in the course of nature what machiavel said , that next to the being perfectly good , 't is the most difficult thing to be perfectly bad , the world hath had thereby some garranty against the belief and practice of such principles , and by necessity of nature must still have . but since mankind in general may expect to find in our esteem the benefit of the presumption of law , viz. that every man is presumed to be good , and that the high births and educations of princes and the great examples of their magnanimous ancestors , may well pass as strong presumptions of nature against their doing any low ungenerous acts of cruelty , and since in gods great ordinance of magistracy an especial divine presence may by virtue of holy writ be presumed to accompany the very magistrates appointed by sovereign prin●es , according to that in chron. . . where after it was said to the judges , take heed what you do , for yee judge not for man but for the lord , the following words are , who is with you in the iudgment ? and that therefore as christ is said to be present with those officers he appointed in the church , because there is a special virtue and efficacy of christ manifest in their ministry , there may likewise be expected a special presence divine in the administration of magistracy from the like manifestation of god in his wisdom , power , goodness , &c. for the well-fare of societies , ( as mr. ny observes ) and since kings and princes are an o●dinance of god or medium by which in a more special and peculiar way he communicates his goodness to christians according to the style of the th of the romans ( the great sedes mater●ae of loyalty ) for he is the minister of god to thee for good , it may well be thought profaneness and sacrilege for men to bode ▪ and presume ill of the future acting of any heirs to crowns : and particularly as to their believing or practising any thing pernicious to their realms . what roman catholick prince doth not deride innocent the d ( under whom the lateran council was held ) for telling it in the canon law that the papal power is as much greater than the imperial , as the sun is greater than the moon , and at the marginal note there for saying that the papal power exceeds the imperial no less than ? there is a prince whose emblem is the su● , and whose power exceeds the papal in every ones account to more than that proportion . and is it not therefore but according to reason and common sense that we should believe that of all men in any realm , the prince will be the latest brought to the belief of that papal power so categorically asserted by that council , that kings may be excommunicated by their own bishops for not obeying the pope , and their subjects in such case be absolved from their oaths of allegiance ? do not all the french kings , notwithstanding that council , claim the liberty of so much freedom from the papal power , that popes can neither directly nor indirectly command or ordain any thing concerning temporal matters within their dominions , and that neither the french king , nor his realm , nor his officers can be excommunicated or interdicted by the pope , nor his subjects absolved from their oath of allegiance ? as i have therefore in my writing to a noble lord , one of his majesty's ministers , who was barbarously accused by one of the plot-witnesses for being a papist , and designing to advance the papal power , said that i would be the last man in england , who would believe he could be a papist , meaning it as impossible that he could believe or practise any irreligionary tenet of popery , i will account it more impossible that any roman catholick prince now living in the world should favour the usurpation of the papal power , however any of the popish clergy or layety in his realms might perhaps be addicted to favour the same . that great affair of the munster p●ace wherein so many great roman catholick crown'd heads , agreeing perhaps in the lateran council being a general one , did yet certainly agree together in the year for lutheran and calvinistick princes and states and their subjects quietly possessing forever their properties both in their religions and estates , hath afforded the world an important instance of heavens so far influencing the understandings of those crown'd heads , that they thought not themselves obliged to put the decree of that council in practice by exterminating hereticks , but to the contrary . and because the affair of that peace and the great pacta conventa therein for the effect aforesaid , have been scarce more taken notice of here than the transactions in china , and that the notification of the same may advance the measures of our duty by internal communion , and help to un-blunder some of our nominal protestants in their fancying it so necessary for the quiet of christendom , that christian princes and their subjects should agree in the belief of the speculative points of religion , i intend to take an opportunity to publish some account of the same . i account my having thus largely dilated on the moral offices as aforesaid , hath tended to corroborate this my th conclusion . i am here conversants in the great court of conscience , the court whose seat is in the practical and not speculative intellect , and the great things of which it holds plea are , as sanderson tells us , actus morales particulares proprii : and therefore particular urging of records , against which lies no averment , is not more pertinent in courts of law than of moral offices in this . and moreover i observing in this conjuncture when many mens zeal hath been so hot against the speculative points of popery , which disturb not civil society , that yet they have believed the more pernicious tenet of it , and would have practised the same , viz. the founding dominion in grace , and that tho they have been altogether neglect●ul of their actus morales particulares proprii , they have both presumed to judge dishonourably and rashly of the actings of others , and to trouble the world not only with their anxiety about the acts of kings and princes , but the actus dei , and his illuminating princes understandings with the heavenly mysteries , i have thought this discoursing of our moral offices as aforesaid , the more a propos and seasonable , as tending to fortify the rationality of this th conclusion , by exposing the absurdity of a respective or conditional loyalty , a loyalty that any christian who hath taken these oaths shall think sufficient , doth most certainly take the name of loyalty and protestancy and of christianity , and even of god in vain : and as the scripture implies that there is a repentance to be repented of , i shall say that such a mans protestancy is to be protested against . and when we consider that the presbyterian author of the exercitation beforementioned , hath in p. . with so much loyalty and reason told us in terms , that obedience is owing to princes without condition of religion , or iustice on their part performed , and the scripture is clear for an irrespective and ( in regard of the rulers demeanor ) absolute subjection . exod. . . . . rom. . , , &c. tit. . . pet. . . sam. . , . . , , . jer. . . . . matth. . . and hath told us in p. . that our oaths put no condition on the prince , but are all absolute and irrespective , and run without ifs or ands in like manner as the obligation of subjects allegiance to their sovereign is irrespective according to divine institution , methinks it should make any son of the church of england to start at the thought of his being out-done in loyalty , and sworn allegiance by a covenanting presbyterian ( for such that author was ) and at the thought of any ones having taken those oaths relating to the king , his heirs and successors , and afterward interlining the interpretation of them with ifs and ands , and at the thought of such an interlineation not appearing as ill in the court of conscience , as any would do in a court of law. but the truth is the church of england appearing in this late religionary fermentation , to have so incorporated this doctrine of absolute and irrespective loyalty into its constitution beyond any other church in the world , and likewise the doctrine of charity and moderation toward all christians , whether foreigners or domesticks , whether whole churches or single persons ( as primate bramhal's words are ) that the same doth now ( as i may say ) strike the eyes of all indifferent men and enforce it self on the thoughts of any who do but for curiosity walk about this sion and go round about her and tell the towers thereof , i mean do consider its prayers , homilies , articles , canons and ecclesiastical constitutions , it hath hereby been necessarily made like the eagle to renew its youth , and to be invigorated as with a new soul after its enemies thought it dead or asleep , and after mr. hooker's shrewd guessing that after the year . that what followed would be likely to be small joy to them who should behold it . for the doctrine of absolute and irrespective loyalty being essential to the peace of kingdoms , and likely to be so more and more to the worlds end , and the church of england appearing as by consent of parties to be the church that overtowers all others in the principles for that sort of loyalty , as well as in the august principles of charity for all christians ; according to the saying of magnes amoris amor , it must naturally attract the love of tho●e in other churches , and supposing that any church or people love themselves and cannot be preserved but by loyalty , nature will direct the world to a growing love for the church of england : and therefore i am no visionaire in predicting from natural causes , that what shall follow to the church of england will be great joy to those who shall behold it , to the very end of time . and nothing could possibly in my opinion have brought it to this firm state of its glory , but the disloyal principles and practices of some of its competitors , and particularly the just and dreadful apprehensions given to considerate men upon some nominal protestants and nominal property-men , having founded dominion in grace , and yet having reproached the church of england and its divines with popery , and invited the protestant mobile to make a schism from it on such an account , and printed many seditious pamphlets for the establishing the if , or and-loyalty , or indeed which is all one , an absolute disloyalty , and in such a conjuncture , when it would have been not more pernicious to the particular souls of the disloyal than to the body of the whole nation , and to the state of christendom . thus through the divine omnipotence , which can bring good out of evil , hath our late fermentation been made perfective to our church , as well as the hereditary monarchy , and the rule of god's governing the world by the prayers of his church and lusts of his enemies , been here exemplified : and as the air that is the steem of the dull earth , or the textura halituum terrae , as gassendus calls it , is made by nature to be the vehicle of those beams of the sun that dazle our eyes ; thus have the fumes , exhaled by such mens lusts of disloyalty and malice that darken'd their own understandings ( and would have obscured the glory of the church of england ) been made instrumental in dispersing its brightness through the world , and even in the opening of the eyes of many to behold it with amazement ; and that service hath been done our church thereby , which by all the pens of its iewel and hooker and sanderson could never be effected . england that had so much the carriage and the trade of the world till the munster peace of , could bear the civil war after , and breathe under it and flourish after it ; but as the state of the world abroad and at home now is and likely to be , our all must depend upon the principles and practice of loyalty , and therefore this new soul i spake of as now animating the church of england must be immortal , and it may well say to it self under any prince that can come , soul take thy ease , thou hast loyalty and the principles of it laid up for many years , and england did not before more excel other realms in trade , than its church doth now other churches in absolute and irrespective loyalty . that great iudge of churches and their principles , arch-bishop laud , having in p. . of his famous star-chamber speech remarked the dangerous consequence of avowing , that the popish relig●ion is rebellion , saith , that some principles of theirs teach rebellion , is apparently true , &c. and i shall add , that some principles of our late covenanting dissente●s have taught it , is apparently true ; and for such of the latter who believed and practised these principles , to reproach any papists with dis●oyalty , is as apparently ridiculous as was mr. prynn's , writing two voluminous tractates of the disloyalty of papists at the time when he was making so great a figure in the late rebellion . but however , suitably to the moral offices urged by ames of not condemning whole parties of men on the account of the guilt of some persons , i have under this conclusion cited the loyal principles of some recusants of all sorts pertinent to my scope : and because the irrespective loyalty that i affirm therein we have obliged our selves to by our oaths , is so incomparably asserted in a long speech of that great man of the church of rome , reginaldus belnensis , arch-bishop of bourges in france , i shall refer any one to it as printed in ●huanus . the speech was spoke in a famous assembly and on a great occasion , for to make way for the quiet reception of harry the th of france while a protestant into the throne ; and it was framed with such profound thoughts of loyalty , and with such extraordinary learning referring both to the old and new testament , and to fathers and church history , and civil and canon law , and with such close and nervous argumentation to evince the divine right of allegiance due to princes , and particularly without any respect had to their religion , that it may pass for one of the best bullwarks of absolute loyalty i know of next to the th of the romans and other things contained in holy writ . and because i think no serious christian who reads ●t will ever find in his heart afterward to ridicule passive o●edience , or make ridiculous platforms of conditional loyalty , i do intend to translate and publish it . moreover because there is in that speech one noble peculiar character of the moral offices of loyalty , wherein it is pity that the proverbial english good nature should in any men come short of that of the french civility , and any protestants loyalty of a roman-catholicks , i mean that arch-bishops honouring the mind and soul of his prince , who was not of the communion of his church , and even then vindicating him from heresy , and saying , that he ought not to be thought a heretick , and propping up his honourable thoughts of his prince with a quotation out of st. austin , viz. that he was not to be reckon'd among hereticks who without pertinacy defended his opinion tho erroneous , &c i think the hanging up so great a picture in publick view , wherein that man of god did with such exquisite draught , design , and colour thus paint his princes character and that of his own loyalty to eternity , may be variously useful : and the very sight of the great colours in which cannot methinks but raise the little ones of blushes in any nominal protestants who do with such foul and hard hands handle the religionary concernments of kings who are nominal gods , and make no difference between the danger of heterodoxy in subjects and in princes . i have mentioned it that there is less danger of any princes believing or practising what may favour the papal usurpation than of such belief or practice in a subject , and it were an easie matter to instance in many erroneous religionary tenets , which as held by parties among subjects may cause general apprehensions of danger , but from which as held by a prince it would be ridiculous to fear any ill , or to imagine that the prince can imbibe the dregs of those tenets as they discriminate discontented parties : as for example , how can any one fear that a prince by believing that personal reign of christ on earth for a thousand years would hurt his own government ? or that a prince ▪ by ●eing a socinian , ●ould hold the tenet of the unlawfulness of defensi●e war ? or that a prince , who favoured the order of the iesuites , would approve of their te●ets of calumny and equivocation , &c. and several of their vile casuistical tenets ? or that any magistracy would permit some of their apologies , and particularly that of guymenius , to be so much as published in the la●guage of the country ? but the truth is , we are morally bound to make a great difference in our demeanor toward our princes , when supposed to erre in opinions about religion , from the measures we are allowed to take in relation to our ●ellow subjects so erring . error is a part of humane frailty , and subjects are morally bound to conceal the frailties of their kings , and not to censure or publish them to their dishonour , and are to be more ready to apol●gize for their princes on all occasions , than for their parents . s● . peter in that verse , where the duty of honouring all men and loving the brotherhood , is mentioned , subjoyns a particular precept of honouring the king. we are never to think of the hearts of kings , but as being in the h●nds of god , nor of any mists of errors that may be in their heads without thinking of the rays of the divine power that like a glory surrounds theirs , and which in the usual concourse of providence do dissipate all danger from any errors within them . tho in mens beliefs who are subjects , religionary errors are often complicated with irreligionary ones , yet we are to think of the oyl of the lords annointed as uppermost and appearing above such latter errors , and suppressing the fumes of them in the minds of princes , and are to fear no more harm from the persons of our princes than from our guardian angels differing from us in many great religionary speculations , and are to think with honour of our king , as an angel of god to discern between good and bad , religion and irreligion : and it is an absurd thing for any not to imitate the popish arch-bishop aforesaid in clearing his prince , tho of another communion , from pertinacy , since such a moral defect is a humour of positiveness , that of all men kings are most naturally free from , and whose becoming dissidence of their own understandings how great soever , is conspicuous by the wearing away so much of their lives in hearing the advise of their council . and when ever passive obedience is called for by princes and must be readily payed as a due debt , we are even then to strain our most improved thoughts to find an honourable interpretation of our princes actions , in like manner as some of the loyal non-conformists to the gallican church have done , as appears by a great observation in their book called the policy of the clergy of france , a book that maimbourg in print hath acknowledged to be the best lately published by their party , viz. that their princes never made any great assault on the papal power , but what cost their protestant subjects dear . this , this is loyalty worthy the name of christian ; and after all if yet any men will make wanton suppositions of the beliefs or practices of sovereigns being never so contrary to religion , let those know that an absolute and irrespective loyalty is that which by these oaths they have obliged themselves to : and that therefore it is an absurd thing to attempt to exclude any heir of the crown from his birth-right on any pretence of his religion or other pretence whatsoever , since we must pay an absolute obedience and allegiance to him immediately on the descent of the crown to him , and accordingly as by these oaths we have obliged our selves to do . having thus in these conclusions asserted the obligation relating to our kings heirs and successors , as resulting from the plain and genuine sense of the words in the oaths , altho it is a common , sure rule , that verba ubi sunt expressa , voluntatis supervacanea est quaestio , yet i shall ex superabundanti choose to corroborate such my assertion by laying down this as my th and last conclusion , that it is manifest that it was the law-givers intention to bind the takers of these oaths , not only to bear true faith and allegiance to his majesty , but to his heirs and successors in the due and legal course of descent , as i have before expressed . it need not be much dilated on , that relations are minimae entitatis , but maximae efficaciae : and that , liberi sunt quasi partes & appendices parentum , not only fictione iuris , but naturâ & ●ei veritate , and that in the framing of the oath of allegiance and the designing the obligations to arise thence , the king had a necessary regard to natural affection , and to the preservation of the hereditary monarchy in the line of his heirs and successors : and suitably to what is expressed in the preamble of the statute of h. . c. . viz. that since it is the natural inclination of every man gladly and willingly to provide for the surety of both his title and succession , altho it touch his only private cause , we therefore reckon our selves much more bound to beseech and instant your highness to foresee and provide for the present surety of both you and of your most lawful succession and heirs . nor need it be much insisted on , that 't is natural for every government to defend and preserve it self : and to this purpose the author of the exercitation cites alsted a lutheran divine , and likewise grotius and dudley fenner , for maintaining the lawfulness of what the old athenian famous oath enjoyned for the preservation of its polity , namely , of any private person killing any usurper , or one who without a lawful title forcibly invaded the government . the athenians had several oaths of a high nature , by the religion of which they tyed themselves to defend their government : and one was the iusjurandum epheborum , which they took when years old , and which is set down in petitus his noble commentary on the athenian laws , and part of which as rendered by him into latin , is , patriam liberis non relinquam in deteriore sed potius in meliore statu . navigabo ad terram eamque colam , quantulacunque illa sit quae habenda mihi tradetur . parebo legibus quae obtinent , &c. quod si quis leges abrogare velit , populo non sciscente , minime feram . vindicabo autem sive solus , sive cum aliis omnibus . patria sacra colam , &c. ad mortem usque pro nutriciâ terrâ dimicabo . but this oath , tho famous enough , was not the famous one i referred to : but 't is the other of which the formula is set down in petitus there , p. , . and which beginneth with occidam meâ ipsius manu si possim eum qui everterit rempublicam atheniensium , aut e● eversâ magistratum gesserit in posterum , &c. that oath of so high and strange a nature was made shortly after the driving out the thirty tyrants and the law made , that si quis atheniensium rempublicam evertat , aut eâ eversê magistratum gerat , atheniensium hostis esto , impunèque occiditor , &c. to secure their government forever from future usurpation was the intent of that terrible oath : and to secure the government of the hereditary monarchy here was the intent of our gentle ones , and sufficiently favouring of the mansuetudo evangelii , and which oaths , however binding the loyal to defend the government with their lives , do yet strictly bind to the defence of the rights and privileges of the crown , one of which is both by the th of the romans , and the lex terrae , to be a terror to the evil , and to bear the sword. but sir e. coke having told us in his commentaries , that the true scope and design of our statute laws are oftentimes not to be understood without the knowledge of the hist●ry of the age when the particular statute was made , i shall ( looking back on the conjuncture when the act for the oath of allegiance was made ) take notice , that by many particular matters then obvious to all mens thoughts , it appeared worthy of the wisdom of the government then to provide for the security both of his majesty and of the succession any who shall read d' ossat's letters will find the various deep designs there opened , that related to several foreign princes and potentates jealousies of the power that england would have in the balance of the world , by the uniting of the strength of scotland to it upon the rightful succession of king iames to the monarchy : and perhaps rather out of a design to amuse them than out of an humour to put by the thoughts of mortality , queen elizabeth did shew so much unwillingness sometimes to hear and speak of her successor . and during the constrained altum silentium of the succession then here , a book of the succession was writ by father parsons , and which made noise enough in the world , as those letters mention , and by which book the author intended that our hereditary monarchy should be thunder struck , especially with the help of the papal breves that came here to obstruct the succession . king iames at the end of his premonition to all christian monarchs , printing a catalogue of the lyes of tortus ( i. e. bellarmin ) with a brief confutation of them , refers to one lye of tortus , p. , viz. in which words [ of the breves of clement the th ] not only king james of scotland was not exclvded , but included rather : and the confutation is thus , viz. if the breves of clement did not exclude me from the kingdom , but rather did include me , why did garnet burn them ? why would he not reserve them that i might have seen them , that so he might have obtained more favour at my hands for him and his catholicks ? and that king in his apology for the oath of allegiance , p. . refers to the two breves which clemens octavus sent to england immediately before queen elizabeth's death , debarring him from the crown , or any other that either would profess or any ways tolerate the professors of his religion : contrary to the pope's manifold vows and protestations simul & eodem tempore and , as it were , delivered uno & eodem spiritu to divers of his majesty's ministers abroad , professing such kindness and shewing such forwardness to advance his majesty to the english crown . any one who reads in d' ossat the inclination of that pope to principles and practices of this kind , will not wonder at his majesty 's thus exposing his vn-holyness : and the nature of the breves is sufficiently there explained , and proved to be according to his majesty's measures published of them . that great king was sufficiently acquainted with the principles and practices of the papacy , that had been so injurious to hereditary monarchs . he knew that a popish parliament in england had shewed their abhorrence of the pope's being somewhat like an excluder-general of kings , and an arbitrary one too , as appeared by the words in the statute of h. . viz. the pope contrary to the inviolable grants of iurisdictions by god immediately to emperors and kings , hath presumed to invest who should please him to inherit in other mens kingdoms and dominions , which we your loyal subjects spiritual and temporal abhor and detest : and the practices at rome for king iames's exclusion had made deep impressions in his thoughts . as he was a prince of great reading he could not but know particularly the many anti-monarchical tenets that were published by many popish commentators , positive writers , school-men , canonists , and never censured by any index expurgatorius , tho yet several popish authors who asserted the power of kings were so censured , and particularly bodin de republicâ : and he could not be ignorant of popes having required several crowned heads to swear fidelity to them and their successors , and that particularly the pope sent hubertus to require william the conqueror ●o swear allegiance and fidelity to him and his successors , and who magnanimously refused so to do : and that the papacy endeavoured to root its power in the world by obliging men in their oaths of fidelity to any particular pope , to swear the same likewise to his successors , according to the common style in those oaths , viz. fidelis & obediens ero domino papae , &c. & suis successoribus : and that thus too the oath of all popish bishops at their consecration runs ; and that the great austrian family had not more carefully secured to it self the scepters of the empire by the constitution of a king of the romans , than the papacy had made provision of that king 's being sworn that he would from that time be a protector and defender of the pope and church of rome , according to those words in the oath as i find it set down ▪ in magerus , viz. ego n. rex romanorum fvtvrvs imperator , promitto , spondeo , & polliceor , atque juro deo & leato petro me de caetero protectorem , atque desensorem fore summi pontisicis & sanctae ecclesiae romanae , &c. he had moreover considered the great fermentation in the minds of so many loyal people in england , by queen elizabeth's being so reserved as she was in the business of the succession , and which as dr. matthew hulton arch-bishop of york mentioned in a memorable sermon he preached before her at white-hall , gave hopes to foreigners to attempt fresh invasions , and bred fears in many of her subjects of a new conquest , and who thereupon very loyally said then , the only way in policy left to quell those hopes and asswage those fears were to establish the succession , and at last intimating as far as he durst ( saith my author ) the nearness of blood of our present sovereign , he said plainly , that the expectations and presages of all writers went northward , naming without any circumlocution scotland . there is an abstract of this loyal and learned sermon ( and which throughout pointed at the succession ) in the history of some of the bishops of england in the time of queen elizabeth , printed in the year : and the fate of the sermon was such that tho perhaps it tickled not the ears of that queen , it so far touched her conscience that the historian saith , she opened the window of her closet and gave the arch-bishop thanks for it . no doubt but parsons saying in his book of the succession , that he thought the affair about it could not be ended , without some war , did much heighten the popular fears of war happening thereupon : and 't is most probable the long fear of war in that fermentation did variously weaken the kingdom . nor is it a new thought for the long fears of war to be held to bear some proportion to the mischief of war it self , in obstructing trade and commerce ; insomuch that several writers of the regalia and fiscal matters among the tractatus illustrium , have told us , that quando timor belli idem operatur quod ipsum bellum , remissio sit conductoribus , ( i. e. of the revenue ) and hath entituled them to defalcations . we may imagine by the just effects of our late fermentation , what the state of the body politick was in that , namely , like the state of long tormenting anguish in the body natural upon the pricking of an artery , and importing often more trouble and danger than the cutting of one . and by the great triumphant flame of joy appearing in the act of recognition in king iames's time , ( and which appears in our statute-book , as i may say , l●ke a pyramid of the fire of zealous loyalty , and greater and higher than any former act of that nature ) we may judge how overjoyed all the loyal people of england were on his coming to the crown : and as pliny in his panegyrick , saith of nerva's adopting trajan , it was impossible it should have pleased all when it was done , except it had pleased all before it was done , the same might be applied to the case of king iames's succession to the crown . the very title of the act speaks the triumph of the hereditary monarchy , viz. a recognition , that the crown of england is lawfully descended to king james , his progeny , and posterity . there was an end of all the dreadful inconveniences of the uncertainty of the succession , and of the fears of the people of what was worse than being torn in pieces by wild h●rses , i mean the rending their consciences by contrary oaths about the succession , as in harry the th's time . there was an end of the ●ears from the growing greatness of france , and fears of any foreign fremuerunt gentes . england was restored to it self , and scotland added to it : and tho boccaline like an airy i●genioso in his politick touchstone makes england weigh less on the throwing scotland into the scales , any one will find that in him but grave romancery , who shall consider what with oracular wisdom another-guess statos-man than boccaline told harry the th , i mean d'ossat in his long letter to him from rome , book th , and anno . where he saith , that the pope desisted not to hope that his maiesty might be perswaded by reason of state to endeavour that the kingdoms of england and scotland may not be joyned in the person of one king , considering the great mischiefs that the english alone have done to the french more than all other nations put together , &c. and indeed that england is at this day preserved not only from the danger of being overbalanced by france , but from the loss of its ancient figure of balancing the world , must highly be attributed to the hereditary monarchy being fixt in the line of king iames , and to scotland being thrown into the scales as was said : and if any one shall tell me by the way , that the weight of scotland was prejudicial to loyalty in , i shall answer him , that its weight hath in this present conjuncture of afforded loyalty so great a compensation by that late act of parliament there acknowledging and asserting the right of the succession , &c. and which begins thus , viz. the estates of parliament considering that the kings of this realm deriving their royal power from god almighty alone , do succeed lineally thereunto according to the known degrees of proximity in blood , &c. that as historians tell us how in the dark barbarous times many hundreds of years since men repaired from all countries to ireland , to learn the liberal arts and sciences , i shall say that they may now profitably go to scotland to learn loyalty : and i doubt not but that kingdom which is so notorious for its mortal , or immortal hatred of popery ( call it which you will ) and even of that very part of it which i call the religionary one of it , having thus by the exterminium of that irreligionary part of it , viz. that dominion is founded in grace , taught us loyalty in the establishing the hereditary lineal succession , may be as instrumental in giving loyalty in the body of the people here , its temperamentum ad pondus , as it was formerly in oppressing us with its weight , as a gravamen , and be an occasion of blessing our land with such a joyful conjuncture of time as ensued after king iames's succession , as i have before mentioned , and to the consideration of which i shall return . england that had formerly , by reason of the uncertainty of the succession , being like the erratica delos , a floating island , and that too in seas of blood , and did then appear like it afterward , fixed and blessed with a pacifick and oracular king , and as strong a foundation for the hereditary monarchy as could be wished , was shortly after in danger of being again unfixed by the outrage of the gun-powder treason , and the principles that legitimated that practice , being really believed and practised ; and an account of the practice of which treason we have in the statute of o iacobi c. . as likewise of the fiery principles that animated the actors to it in thuanus ; and in king iames his premonition to all christian monarchs , p. . a general reference is made to the violent bloody maxims that the powder-traytors maintained : and by occasion whereof after the designed outrage against the lineal succession of the prince and the hereditary monarchy being in danger while such bloody principles and maxims were not exterminated , it was in ordinary prudence requisite to apply the extraordinary remedy of the oath of allegiance , to rivet that fundamental maxim of the crown the stronger in nature , viz. that the king never dies . and the addition of those words in the promissory clause of the oath of allegiance , viz. his or their persons , their crown and dignity , and which words were not in the oath of supremacy , was a plain indication of the intention of the law-givers to tye mens souls to the hereditary monarchy in the due and legal course of descent . and moreover with a prospect to mens having a conscientious regard to the king's heirs and successors , the fathers of our church then probably in the preface of the collect in the common-prayer for the prince and the king's children , as overjoyed with the sight of king james 's being enriched with a most royal progeny ( as the words in the act of the recognition are ) did cause these words to be inserted , who art the father of thine elect and of their seed . the preface to the act requiring the oath of allegiance , hath in it the expression of loyalty and allegiance unto the king's majesty and the crown of england , and mentions the design of the gun-powder treason as tending to the subversion of the whole state : and therefore if in the ancient times of popery ( and when the pope was generally revered here as a th apostle ) upon any emergent papal usurpations which gave just cause of apprehending future ones intended , and particularly in the case of the pope's mandates or bulls , which were called gratiae expectativae or provisiones , and pretendedly issued out of the pope's pious care to see a church provided of a successor before it needed , our kings did think themselves obliged to provide statutes against provisors , whereby the ius patronatus was secured to them and their subjects , and by statutes of praemunire did as it were build forts before the enemies coming , the premuniment of the hereditary monarchy by the oath of allegiance , was most necessary to prevent any papal gratiae expectativae of the crown , and the popes impious care to provide a successor to its hereditary rights . the premuniment of some laws by others is no new thing nor yet a new word , however some idle criticks have accounted the word praemunire in our statutes to be barbarous ; for grotius in his de jure belli , &c. l. . c. . § . . speaking of some laws of the iews saith , in quarum 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , & ut hebraei loq●untur praemunimentum additae sunt leges caeterae : and according to the sense of some taking praemunire for praemonere , the constant premonition of heavens great monitor called conscience , ( and which is the pulse of the soul , and like the pulse is fidelis nuncius vitae aut mortis ) to warn men by this oath to defend the lineal succession of the crown , was no less necessary : and king iames's setling the premonition in the minds of his own subjects , was but naturally previous to his premonition sent abroad to foreign princes and states . and how far harry the th's statute by which no person who should serve the king for the time being , &c. should therefore be attainted or impeached , might induce the government to secure the undoubted rights of succession , by the oath of allegiance being framed as it was , and rooting our loyalty thereby the deeper into our consciences , and by the fear of our being justly impeached in the court of conscience in omnem eventum , if we defended not those rights of succession , is obvious to consideration . as i have thus in this conclusion shewed that it was the law-givers intention , particularly in the oath of allegiance to oblige us to pay our allegiance not only to the king , but to his heirs and successors in the legal course of descent , so i might here further ex superabundanti dilate on such intention being to secure the same without any respect to the religion of such heirs and successors . a prince of such profound learning and observation as king iames could not be ignorant of what hath been since , by the loyal writers of the succession , so clearly and strongly asserted , viz. that the succession to the crown is inseparably annext to the proximity of blood by the laws of god and natvre , and that statute-laws contrariant to those are null and void , and that the hereditary monarchy was indisputably founded on inherent birth-right according to the style of the act of recognition , and not any religionary regeneration , and that the accession of the crown purgeth all obstructions . and that that prince did by the oath of allegiance design only to twist the band of our natural allegiance the stronger ( an allegiance tyed not to princes faith of the cross , but to their crown ) appears throughout his apology for the oath of allegiance . he likewise in his premonition to all christian monarchs , p. . doth with some warmth of words reflect on the malice of some who impudently affirm , that the oath of allegiance was devised for deceiving and entrapping of papists in point of conscience : and saith , that tho the house of commons at the first framing of the oath made it to contain , that the pope had no power to excommunicate me , which i caused them to reform , only making it to conclude that no excommunication of the popes can warrant my subjects to practise against my person or state , &c. so careful was i that nothing should be contained in this oath except the profession of natural allegiance , and civil and temporal obedience , with a promise to resist to all contrary uncivil violence . from thence it appears that what looked like the religionary part of popery , namely , the pope's exercising a spiritual power against him , or the notion as aquinas delivers it , that there is potestas in summo pontifice puniendi omnes mortales ratione delicti , he intended not to whet the sharpness of the oath against , but only against the irreligionary part of popery beforementioned , and as to which he might rationally depend on the zeal of any heir or successor tho roman catholick concurring with his therein . he having in the foregoing page mentioned how that parliament that was to have been blown up , made some new laws against papists , saith , so far hath my heart and government been from any bitterness as almost never one of those sharp additions to the former laws have ever yet been put in execution . the execution of some laws of pecuniary mulcts on papists who in that conjuncture believed the irreligionary part of the papal power , might seem to carry such a face of justice with it , as the practice of the custom-house doth pursuant to the th and th of harry the th , c. . whereby any english man or born subject of england , who shall swear obeysance or live as subjects to any foreign prince shall pay aliens customs : but 't is a madness to think of any prince's abdicating his temporal power , and swearing temporal obeysance to any one , and no man but he who has laesa principia , can suppose that king iames , who avowed in his premonition , that no man in his time or the late queens ever died for his religion ▪ nor yet any priests after their taking orders beyond sea , without some other guilt in them than their bare coming home , and who p. . of his apology avows and maintains to his own knowledge , that queen elizabeth never punished any papists for religion , but that their punishment was ever extorted out of her hands against her will by their own mis-behaviour , could ever intend that by the withdrawing of allegiance from any of his heirs in the course of their lineal succession , on the pretence of any of their religionary notions or other pretence or ground whatsoever , there should be a solutio continui or political death inflicted on the hereditary monarchy , by the preserving of which the lives of all the people of england could only be preserved . he in his premonition and apology discharged the moral offices of honouring all men , with relation to papists his subjects , and judgeth some of them to be of quiet dispositions and good subjects , and in p. , . , ▪ . of his apology , he makes a difference between many of his popish subjects who retained in their hearts the print of their natur● l duty to their sovereign , and those who were carried away with that fanatical zeal the powder-traytors were , and useth the expression of quietly minded papists , and papists , tho peradventure zealous in their religion , yet otherwise civilly honest and good subjects : and acknowledgeth , that his mother , altho she continued in that religion wherein she was nourished , yet was so far from being superstitious or jesuited therein , that at his baptism ( tho he was baptized by a popish arch-bishop ) she sent him word to forbear to use the spittle in his baptism , which was obeyed : and in his premonition speaking to roman catholick princes and wishing them to search the scriptures , and ground their faith upon their own certain knowledge , and not on the report of others , since every man must be safe by his own faith : but leaving this to god his merciful providence in his due time , he further wisheth them to imitate their noble predecessors , who in the days of greatest blindness , did divers times courageously oppose themselves to the encroaching ambition of popes : and acknowledgeth , that some of their kingdoms have in all ages maintained , and without interruption enjoyed their liberty against the most ambitious popes , &c. and saith , that some of those princes have constantly defended and maintained their lawful freedom to their immortal honour : and concludes his premonition with earnest prayers to the almighty for their prosperities , and that after their happy temporal reigns on earth , they may live and reign in heaven with him forever . this learned king did sufficiently thereby proclaim himself an enemy to the papal tenet of founding dominion in grace , as to those foreign popish princes , and could not therefore but more abhor the effects of it in the case of his hereditary successors ; and he having judged that those foreign princes who owned the religionary tenets of popery , did yet constantly defend and maintain their lawful freedom from all papal vsurpations to their immortal honour , and with so devout a charity pray'd for their happy temporal reigns on earth , and that they may live and reign in heaven afterward , could not but suppose that any of his heirs who might be of the roman catholick communion would yet disown any tenet of popery that was irreligionary , and would exterminate all papal vsurpation , and that they might here expect a happy reign on earth , and a happier in heaven hereafter , leaving it to god to open their eyes ( as aforesaid ) in matters religionary , and to render them fafe by their own faith. king iames in his apology for the oath of allegiance doth incidenter , prop up the justice of the oath of supremacy , and in p. , , . doth insert contrary conclusions to all the points and articles of which the oath of supremacy consists , to denote the absurdity of the opposing that oath : and which conclusions tho many clerical and lay-papists among his subjects might maintain , yet he might well think it morally impossible for a roman catholick prince here to do so : and he gives a very good reason for the inducing any one so to judge of his measures , viz. that those conclusions were never concluded and defined by any compleat general council to belong to the pope's authority : and their own school doctors are at irreconcileable odds and jarrs about them . he had then his eye on the lateran council as appears by the other words there in the margent , viz. touching the pretended council of lateran , see plat. in vitâ innocen . . and by which council the king knew that all except two or three of those conclusions were concluded and defined . if therefore many of the poor petty school-doctors were so searless of the papal thunder , as in cases when they were perhaps unconcerned to impeach the papal usurpation , there was no cause of apprehension in that our wise monarch that any of his high-born heirs and successors would ever favour the usurpations of that authority . when queen elizabeth was so firmly satisfied concerning the loyalty of the roman catholick lords temporal , and of their great quota in the balance of the kingdom securing their abhorrence of all papal usurpations , as not to impose the oath of supremacy on them , ( tho yet she took care to have it imposed on the popish bishops ) can we imagine that the great interest of an heir of the crown in the hereditary monarchy , did not give a pleropho●y of satisfaction to that great monarch , that such an heir would never permit any usurpation to prejudice his crown imperial ? moreover if in the case of the device of an inheritance by will on the condition of the legatees not holding this or that philosophical or religionary tenet , the absurdity of such condition would not frustrate the device , but would be taken as pro non adjectâ , and that thus in that known case in the digest , viz. of an heir made on an absurd condition , namely , on condition he should throw the testators ashes into the sea , the heir was rather to be commended than any way questioned who forbore to do so , how can we think in the inheritance of the crown ( which is from god and by inherent birth-right ) any such supposed absurd condition of a prince's not believing this or that speculative religionary tenet , ( and for his professing of which he hath a dear bought liberty by the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , or the new testament of iesus christ ) should be intended to operate to his prejudice ? but that i may in a word perimere litem about that kings never intending the least prejudice to the succession , by any of his successors being roman catholicks , i shall observe that that k●ng who was so great and skillful an agonist , for the doctrine and discipline of the church of england , did yet in the articles of the proposed match with spain , and afterwards with that of france , agree that the children of such marriage should no way be compelled or constrained in point of conscience or religion , and that their title to the crown should not be prejudiced , in case it should please god they should prove roman catholicks : and that the laws against catholicks should not in the least touch them . and that the sense of the government then was likewise to that effect avowedly declared , is manifest from the passages of those times : and the needless quarrel therefore that our late excluders would have exposed us to with france , was a thing worthy their considering . but enough of this conclusion , if not too much : for where the tide of the words of any oath runs strong and clear , we need not to regard the wind of any law-givers intention : however yet i have made it appear for the redundant satisfaction of the scrupulous , that while they have embarqued their consciences in th●se oaths they have had such wind and tide both together on their side : and that therefore any storms which the takers of these oaths relating to the lineal succession of the crown may have raised either in their consciences or the state , must be supposed to be very unnatural . having thus in the foregoing conclusions asserted and proved the obligation relating to the kings heirs and successors , as resulting from the oaths of allegiance and supremacy , i shall briefly answer such objections thereunto or rather scruples , ( for they deserve not the name of objections ) as some noisy nominal protestants have troubled themselves and others with , and so end this casuistical discussion . the first objection or scruple then i shall take notice of that some have raised against the obligation of these oaths as above asserted , is that they were made in relation to papists only , and were enjoyned to be taken for the discovery of those that were suspected to be so . as to which it will be sufficient to say , that it is most plain that all persons who have taken these or any other lawful oaths , are bound by deeds to fullfil what they have sworn in words : and it is an absurd thing to doubt whether the law intended that those persons should observe the oaths , whom it hath enjoyned to take them . and to this purpose we are well taught by bishop sanderson in his th lecture of oaths ▪ that tho papal vsurpation was the cause of the oath of supremacy , ( the arrogating to himself the exercise of supreme iurisdiction in spiritualibus , throughout this kingdom ) yet the oath is obligatory according to the express words in the utmost latitude : the reàson is , that the intention of a law is general to provide against all future inconveniences of the like kind or nature , &c. i refer the reader to him there at large . by the measures of that bishop as to the oath of supremacy , we likewise may direct our selves in the oath of allegiance being obligatory according to the express words in the utmost latitude , tho that oath was made by occasion of the gun-powder treason . and as to the intent of the oath of supremacy , king iames tells us in his apology for the oath of allegiance , p. . that it was to prop up the power of christian kings as custodes utr●usque tab●ae , by commanding obedience to be given to the word of god , and by reforming religion according to his prescribed will , by assisting the spiritual power with the temporal sword , &c. by procuring due obedience to the church , by judging and cutting off all frivolous questions and schisms as constantine did , and finally by making decorum to be observed in every thing , and esta●lishing orders to be observed in all indifferent things , &c. whereby his majesty doth clearly denote the intention of that oath to have been to extend against any non-conformists continuing their schism in the church . and as to the oath of allegiance being intended against protestants as well as papists making a faction in the state , the book called god and the king , compiled and printed by king iames's authority , sufficiently shews throughout , by the notification of the particular moral offices required by the oath of allegiance , and likewise by his subjects natural allegiance , and which moral offices are there strengthened with passages out of the scriptures and fathers : and the doctrine of absolute loyalty is there well established , and likewise the doctrine of resistance overthrown , and the scope of the book is to plant loyalty throughout the kingdom : and to make the oath of allegiance be re v●râ a premuniment in all mens consciences against faction and rebellion . the sect of king iames's old enemies in scotland the puritans , and whom he said he found there more dishonest than the highlanders and border thieves , is not named in that book ; and he having cleared them from being participants in the gun-powder treason , did with justice as well as perhaps with hopes of their emendation after the tenets of loyalty that had been then lately published by the english non-conformists , order that sect not to be in that book marked nigro carbone . but he could not but know their former principles as well as practices here as exactly as any one : and in his canons here published a year before the gun-powder treason , the impugners of the rites and ceremonies in the church of england were variously censured ; the authors of schism in the church of england were censured by the th canon , and the maintainers of schismaticks by the th , and by the th schismaticks were not to be admitted to the communion . the maintainers of conventicles were censured by the th , and the maintainers of constitutions made in c●nventicles censured by the th : and it refers to the wicked and anabaptistical errors of some who outraged the king's supremacy and regal rights , and who did meet and make rules and orders in causes ecclesiastical without the king's authority : and therefore as the king knew that such persons who had made schisms in the church had thereby made factions in the state , and would make more ( the church being necessarily included in the state ) and would be as dry ti●der ready to take the fire of rebellion from such republican tenets as were in parson's book of the succession , and the writings of bellarmine and other romanists , and being justly apprehensive that such antimonarchical principles as had infected the scotch puritans might in time infect the english ones , as well as that the principles of the powder-traitors might infect other loyal papists , he applied the oath of allegiance as a general necessary antidote to the consciences of his subjects to prevent such infection . in p. . of his apology for the oath of allegiance , he cited bellarmine for the tenets , that kings have not their authority nor office immediately from god , and that kings may be deposed by their people for divers respects ; and when such writers did so spitefully with the papal power endeavour likewise to bring in the sea of the people to overwhelm kings , it was time to raise the bank of that oath the higher against the same , and for the takers of that oath to be obliged to bear faith and true allegiance to his majesty , his heirs , &c. and him and them to defend , &c. against all conspiracies , &c. which shall be made against his or their persons , their crown and dignity , by reason or colour of any such sentence or declaration or otherwise , and to declare that neither the pope , nor any person whatsoever hath power to absolve them of this oath . when therefore i see any serious man disloyal , who hath took the oath of allegiance , and whom necessity ( as we say ) doth not draw to turpitude , i still attribute much of his disloyalty to his not with intense and recollected thought dwelling on the view of his moral obligations in the clear mirror of that oath , but to his cursory viewing them , and , as st. iames's words are like a man beholding his natural face in a glass , but beholdeth himself and goeth his way , and straitway forgetteth what manner of man he was . how many outragious acts of disloyalty after had been avoided if the law of the oath had been writ in the hearts of the takers of it as it ought to have been ? as for example , since to prorogue or dissolve parliaments was ever a known right and privilege belonging to the crown , could any person who had sworn to defend its rights and privileges endeavour to retrench that particular one by the act for the perpetuating the parliament of ? how easie would princes find their reigns , and subjects their consciences , if these would think of all the royal rights they have sworn to defend , and how they are to defend them ? i have mentioned the great law of athens against any ones bearing office under an usurpt power , and the terrible oath for the confirmation of that law , and i have likewise mentioned the author of the exercitation , and mr. prynn as asserting the unlawfulness of bearing office under our late usurp'd powers by reason of the oath of allegiance having before obliged them to the king , his heirs and successors . the author of the exercitation doth very appositely to strengthen that his loyal assertion cite an excellent passage out of tully's epistles ad atticum , viz. of his doubting the lawfulness of his bearing the office of a councellor of state in such a case : ec magnum sit 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , veniendumne sit in consilium tyranni , si is aliqu● de re bonâ deliberaturus sit . quare si quid ejusmodi evenerit ut accersamur , quid censeas mihi faciendum utique scribito . nihil enim mihi adhuc accidit quod majoris consilii est . and the truth is , the great thing that inclineth so many to desire changes in governments , being the hopes of the acquest of offices , it was but natural for the athenian wisdom to fence with sharp precaution against the lusciousness of authority under an usurper , and to let every man know ( as i may say ) in terrorem , that in the day of his eating the forbidden fruit , he would die the death by the hand of every man ▪ and for the wisdom of the government in king iames's time by the effect and necessary consequences of the clauses in the oath of allegiance to tye mens consciences from supporting any vsurpation by bearing office under it . that law and oath of athens were no doubt as almost all other matters of learning known to king iames ; and could he have foreseen how the guest after offices occasioned the demagogues to promote the ●ebellion of , ( for 't is known they were then mighty nimrods after mighty offices in the state and after what particular ones ) and how the several vsurpations supported themselves here afterward through mens supporting themselves by offices under them , and how in this present fermentation men have been tempted to faction by hopes of offices ( and in pursuit of which men were never generally so wary as i● this conjuncture ) i am apt to think that in uber●orem cautelam for loyalty , and the making men appear perjured even to all of the grossest understandings , who should bear office under any vsurper , and consequently deterring them from projecting to alt●r the hereditary government , he would have inserted into the oath a particular express clause of not bearing office here under any other . but further to illustrate the intent of the government in king iames's time for making the oath of allegiance a praemuniment in our consciences against popular as well as papal usurpations , i shall here call in , testimonium adversarii , i mean the publisher of cardinal perron's long oration made in the chamber of the d estate , or commonalty of france upon the oath of allegiance exhibited in the general assembly of the three estates of that kingdom ▪ and in his long preface to which he calls our oaths of supremacy and allegiance detestable ; but saith , that the greater number of the deputies of the d chamber did frame the form of an oath which they wished might be ministred in that kingdom , as that which bears the name of allegiance in ours , whereby the same principal article is abjured , namely , that no french king can be deposed for any cause whatsoever , and that the contrary opinion is heretical , and repugnant to the doctrine of the scriptures . but this difference is found between the two oaths : that whereas the english one in one of the clauses , seems to exclude not only the authority of the chvrch over kings , but even of the common-wealth also ( yea tho it should be accompanied even with that of the church ) that of france shoots only at the abnegation of the churches authority . the author however in that preface ( and which was permiss● superiorum ) contrary to the loyal sentiments of the majority of that d chamber , inserts very impiously and disloyally , that kingly authority cannot come immediately from god to any man , but by miracle : and that all the kings whom we know , do either rule by force of conquest , and in that case the authority of the common-wealth , if it be vsurped , may be resumed , or by donation , election , marriage , or succession of blood , in which cases kings forfeit by not performing the conditions , under which either they or their first ancestors did enter , whether they were expressed or necessarily implyed . but neither that author nor any other roman catholick writer hath writ with greater contempt of and spight against the power of kings , than some nominal protestant authors have to the scandal of christianity done : and that i may shew how necessary it was that the oath of allegiance should be levelled at the outragious principles of disloyalty in protestants as well as papists , i shall conclude my answer to this objection with a reference to a book of some vile nominal protestants , who having according to the bishop of winchester's expression aforesaid , derived doctrines of sedition and rebellion from the church of rome 's writers , were ( i may add ) grown therein perhaps more learned than their masters . it was printed in o beyond sea in the year . and called , a short treatise of politick power , and of the true obedience which subjects owe to kings and other civil governors , with an exhortation to all true english men , compiled by d. i. p. b. r. w. who the authors of it were , i know not , nor the meaning of those initial letters of names : but do judge it to be in principles of sedition and treason as bad as doleman of the succession or mariana , and to have startled king philip and queen mary as much as the book of killing no murder did cromwel . i never in the course of my viewing books saw but one of them , and the reader will quickly see why no library durst in the reign of those princes harbor it . 't is there asserted , that the body of every state may redress and correct the vices of their governors , and ought so to do . and the book endeavours to prove the lawfulness of killing tyrants by the law of nature , and prophaneth the book of god by citing for a desperate use some extraordinary acts of private persons there recorded : and indeed a loyal man cannot read the book without horror ; and especially when he shall consider what were the effects of this detestable book . it helped to provoke the fury of philip and mary to flie out into the arbitrary proclamation several months before her death , for the declaring of any one a rebel , and being without delay executed by martial law , with whom that and other books of that nature printed beyond sea should here be found . and another effect of the publication of that and those other books was to irritate the government against those poor innocents who were here martyr'd , and who sufficiently abhorred such treasonable books : for this book was published beyond sea , and probably imported here about two years before her death . but for the honour of our english exiles then , i judge that none of them had a hand therein : i having observed many words , and idioms and phrases there to have been scotish . it is probable that king iames and his ministers had heard of this execrable book , wherein some nominal protestants trumpetted out their principles of real rebellion ; and no wonder then if the oath of allegiance was therefore framed with clauses to secure the government from all irreligionary principles of protestants as well as papists . it hath been objected in the second place against our being become bound to the kings heirs and successors by virtue of those oaths , that it is by all casuists agreed that among the tacit conditions that are presumed to be in all oaths ( and which are to be regarded as much as if they were express'd ) rebus sic stantibus is one : and that that therefore as none of the king's heirs was then excluded from the privilege or right of his lineal succession by the legislative power , so if things thus stood with him at the time of the descent of the crown , that is , at the time of the kings decease , the oath obliged to the payment of absolute and irrespective loyalty to him then : and that thus when the king's heirs and successors were kings and queens of this realm according to the style of some old oaths , they would be entitled to our allegiance , and not otherwise . in answer to this objection , i shall say first , that if we should admit that which is not true , that the rebus sic stantibus were so to be applied in this case , yet it is most clear that the takers of these oaths who were any members of the three estates in parliament were thereby ipso facto , and actually bound ( as i have said in the t● conclusion ) not to do any act there to exclude the succession according to proximity of blood : and moreover any of the people who took these oaths were thereby morally bound not to choose any to represent them in parliament from whom they might fear their endeavouring of such exclusion . secondly , premising that there was somewhat of irreverence in supposing that the legislative power would ever afterward make a solutio conti●ui , ( as i called it ) in the hereditary monarchy , yet it must be said that any supposed act of that kind would be null and void , as the loyal and learned late writers of the succession have shewed , and to whose writers of that subject i refer : and therefore our obligations to the king's heirs and lawful successors by virtue of these oaths must remain uncancelled in the court of conscience : and however any act of parliament supposed to be made against the law of god , may a while be de facto received in any courts of law , yet is it in the court of conscience to be looked on as a poor escrole , and as not worthy the name of a law. it is most manifest that by these oaths , there is jus alteri acquisitum , i mean to the king's heirs and successors , as well as to the king ; and that therefore any supposed relaxation of the oaths without the consent of all parties for whose behoof they were made , is a thing nugatory and not allowable in the court of conscience . and as i have speaking cum vulgo called some anti-papists , whose principles tend to faction in the state and schism in the church , nominal protestants ( tho yet i should be still as much content with any law that made it penal to call them protestants , as with one that should be so to call quacks physicians ) so i should in the court of conscience call any acts of parliament that are contrary to the eternal and natural rules of indispensable iustice , only nominal laws , suitably to what is said in the admirable preface of aerodius his rerum iudicatarum pandect : viz. quod si quid iniquè , malo more , sordibus , & adversus ill●m sempiternam legem atque immutabilem , hic aut illic judicatum , trana●ctum sit , qualis fuit apud graecos socratis , phocionis , apud romanos m●telli numidici , rutil●i rufi , m. ciceronis damnatio ; in ecclesiâ flaviani , johannis chrysostomi : contrà absolutio p. & sexti clodiorum , atque adeo gabinii , quam proptereà legem impunitatis appellarunt , non magis judicata aut decreta debent appellari , quam seiae , apule●ae , & liviae leges . leges non sunt inquit cicero . but thirdly , the just allowance of the rebus sic stantibus that can be in this case is this , there being nothing of pretence of relaxation from all parties supposeable , these oaths bind us to the king's heirs and successors , as long as there is any one of them remaining in the world : and without the insertion of the words in the oath of allegiance , viz. i do believe and in conscience am resolved that neither the pope nor any person whatsoever hath power to absolve me of this oath or any part thereof , its indispensableness to those who know the obligation of oaths to be jure divino naturali , would have sufficiently appeared . in fine , there are rationes boni & mali aeternae & indispensabiles , and to stand to promises is one of the things that are simply and in their own nature good , and it is impossible ( as the scripture saith ) that god should lye , and therefore man made after god's image , must therein answer the archetype : and hereby our princes have the garranty of our allegiance sworn to them , their heirs and successors being indispensable by popes , or acts of parliament , or by god himself : for he cannot dispense with the law of nature , humanâ naturâ manente eadem . lastly , it is most manifest from what i have already said , that any such tacit condition in these oaths as before mentioned , was contrary to the sense of the imposer as well as to the words , and was therefore not allowable in the court of conscience in this case : and i believe that the consciences of such who have made this objection , must tell them , that when they took these oaths , their sense of them was then contrary to any such condition being allowed . and therefore any such after-birth of a strained interpretation being so contrary to the law of god and the land , and the sense of the imposer , as well as the words of the oaths , and to the sense in which they actually took them , must be thrown away . there hath been a third objection , if it may be called one , or if yet it may be called a scruple , for i think it hardly deserves the name of that . however it having got under some mens feet , or into their heads , it hath made them so uneasie as frowardly to trample on the rights of crown'd heads , and it hath troubled us by the name of haeres viventis , and as if that were a chymaera , when as indeed the objection is altogether chymerical . when sir l. i. had with so much clear reason shewed much to this purpose , viz. that the exclusion-bill was against the fundamental iustice as likewise the wisdom of the nation , and that it would induce a change in the government : and that was likewise against the religion of the nation which teacheth us , that dominion is not founded in grace , and that we are to pay obedience to princes whether good or bad , as accordingly the primitive christians did , and that it was against the oaths of the nation , namely , of allegiance and supremacy : and that his r. h. is the king 's lawful heir , if he hath no child , and in the eye of the law we are sworn to him , and when he had further signalized the weight of his political remarks , and learning in that speech as well of as his loyalty , so as on the account of both to merit a place for it in the english story , and had instanced in some princes and their subjects of different religions living very happily together , it may perhaps be a blot in that story , that sir w. i. in an answer to that speech granting , that we are sworn to the king , his heirs and successors , said further , that we are not obliged to any during the king's life , but to himself : for it were treason if it were otherwise . the king hath no heirs nor successors during his life : for according to his law ( meaning sir l. i's ) and ours , nemo est haeres viventis . in answer to which , i shall say that that proverbial latin saying in the law books doth amount to no more in nature , and hath no more influence on humane affairs , nor particularly on moral offices , than that kind of proverbial sayings in the new testament , viz. for where a testament is , there must also of necessity be the death of the testator , or a testament is of no strength while the testator liveth . every one knoweth that a will is in its own nature revocable , and legatees and executors may be altered by the testator : and for any one to quote it as a maxim , nemo est executor viventis ( and for a legatee , or in effect an executor in a will , the word haeres i● often used in the civil law and by the writers of it ) will be no more significant , than the telling the legatee or executor is , that they must not meddle in the testators goods till he be dead : and it may usefully operate to divert people from the slothful omissions of making their wills in due time , out of a fond imagination that their legatees or executors would have a title to any thing before the testators death . but after what hath been said of the revocableness of wills , if i have lawfully sworn to continue such a man my heir , or executor of my will or legatee therein , can i then at my pleasure with a salvo to conscience alter it therein ? and if a father hath sworn to give his children such a part of his estate by his will , as by the civil law is due to them out of his estate when he dies , shall he then be allowed in the court of conscience to alter such bequest ad libitum ? this comes a little home to our case : for we have before hand sworn to pay the king's heirs at the descent of the crown the allegiance that will be due to them then by inherent birthright . st. paul writing to the romans alludes to that custom of the roman laws , and which is yet retained in germany and many other places , viz. and if children , then heirs , and makes them certainly haeredes viventis : and when any by the civil law were haeredes ab intestato , or heirs at law , that law as it made no difference between land and goods , so neither did it between eldest and youngest , nor male and female , but divided the whole estate real and personal , equally among the children ; and the law tying parents to leave a quota in their wills to their children , st. paul's consequence was good , i. e. if children , then heirs . we know that the heirs of our kings are not such as that law called haeredes testamentarii , but they succeeding by the right divine and inherent birthright , may be said to be haeredes legitimi , and when in the king's life-time the law hath enjoyned men by a liquid oath to defend all privileges , preheminences belonging to the king's heirs and successors , can it be either law or sense to say they are now no heirs , and that any who have taken that oath may actually exclude such heirs because they are not actual successors , and as if too none could be a successor but an actual one , according to that old dicterium , that no prince ever put to death his successor ? but to shew further how grosly sir w. i. was mistaken in his interpretation , and applying of the saying out of the civil law , viz. nemo est haeres viventis , i shall refer to paulus de castro ( as eminent a commentator on the civil law as any one whatsoever ) who doth on the digest de liberis & posthumis . l. gallus § . etiam n. o & to discuss the point of haeres viventis , and where he saith , nota quod filius vel alius descendens in potestate patris , qui tenet primum locum dicitur esse suus haeres etiam vivente patre ; and then objects the saying , that vivens non habet haeredem , ergo non suum haeredem : and he answers , that istud verbum haeres idem significat quod dominvs , &c. & potest sumi duobus modis o propriè prout est successor in vniversum jus quod defunctus habuit ( meaning haeres as the same with an executor by the law of england ) & isto modo vivens non potest habere haeredem . do sumitur strictè , &c. & impropriè pro filio vel nepote , vel alio descendente qui teneat primum locum in suitate & isto modo vivens potest habere haeredem ; sicut enim filius vivente patre dicitur dominvs bonorum paternorum licet impropriè , it a potest dici haeres prout istud verbum sumitur pro domino . he had before spoke of the general rule , that haeres suus dicitur quem nemo praecedit , and he there mentions what likewise all the books agree in , that haeredes sui & necessarii dicuntur liberi qui in familiâ proximum à patre gradem obtinent : sui , quia haereditatem tanquam suam , necessarii quia jure antiquo retinere cogebantur . he intends there ( i suppose ) by the jus antiquum that law of the tables , viz. intestatorum haeredes primò suorum haeredum velint nolintve sunto . we find in the new testament such heir judged to be lord of all , gal. . . and thus grotius on that place in the hebrews , whom he hath appointed heir of all things saith , that by heir is meant lord , nam & latinis haeres idem quod herus . christus in coelum evectus , rerum omnium est dominus ; à patre scilicet hoc jure accepto . the very institutes likewise tell us § . ult . de haered . qualit . that pro haerede gerere , est pro domino gerere : veteres enim haeredes pro dominis appellabant . and such lords of all then were the heirs , that tho ordinarily they could not have their legitima pars in their fathers life-time ( and so we find it but in the parable in st. luke that the prodigal son said , father give me the portion of goods that falleth to me , and he divided unto them his living ) yet if the father were re verâ a prodigal , the son might by imploring the office of the judge obtain in the fathers life-time somewhat like the legitima to be allowed for his subsistance . and moreover grotius on the other place of scripture , si autem filii & haeredes , saith , sententia est conveniens non tantum israelitico numerorum . sed etiam gentium juri . nam lex quaedam tacita liberis haereditatem parentum addicit . l. cum initio . ff . de bonis damnatorum . sed magis est ut jus hebraeum respexerit paulus , ideóque 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 hic sunt 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 filii , non quod non utrique sexui christianorum aptari possint quae dicit , sed quod jure mosis filii necessariò hae●edes , filiae non nisi filiis deficientibus . none need therefore wonder at de castro's having pronounced the heir to be the same thing with dominus , and at his leaving it out of doubt that direct descendants are a mans heirs in his life-time , because they are such as are called heirs at law. and there is little room for doubting here in england who are heirs at law to private persons , for sir edward coke hath to this purpose said that throughout his time , viz. ne duas quidem quaestiones adverti de jure haereditatum : but god be thanked there can be no room for any in the case of the crown . king iames when he erected the monument for his mother on the northside of her grand-father harry the th's tomb , and put these words in the inscription , viz. coronae angliae dum vixit certae & indubitatae haeredis , necessarily implied that there was another sovereign living while she was thus heir to the crown . let any one consider how many real solecisms sir. w. i's . imagined one must occasion . is it not a solecism to say , i cannot now promise a future lawful thing , viz. allegiance to the king's heirs at the time of the descent of the crown , since nothing can be promised but what is future ? in the body of the civil law matters of right are sometimes founded on trite philosophical axioms and such as non entis , nulla sunt accidentia : but it were a solecism to deny , that the takers of these oaths have become bound at that time to the haeredes viventis , who were then nondum vivi , or that a lessee is bound at the perfecting of his lease , to pay his rent to the heirs of the lessor tho then not in nature . if the style of the king of the romans , can in an elective government , and during the emperors life be , ego n. rex romanorum futurus imperator , is not the next heir of the crown in an hereditary monarchy to be styled the certain and undoubted heir of the crown as long as he lives ? i find not the term of apparent joyned to heir in any books of law or history but of our country : but god making heirs , and especially the heirs of crowns , the inherent birth-right by proximity of blood is the id ipsum to be regarded : and if haeres viventis qvatenvs such must be a solecis●● according to sir w. i's . insinuation , then the quotation usually brought out of sir e. coke by writers of this subject , that the heir apparent is heir before the death of his ancestor , must be a solecism too , according to the known rule in logick of a quatenus ad omne , &c. i shall studiously avoid the embarassing the question with needless points of law : and do consider , that i● in courts of law we are above the apices verborum , we are much more above them in the court of conscience . and here i must say it , that if in the interpretation of princes savours and concessions we are allowed to go by the rule that in them exuberantior fides requiritur , and that therefore promissio in dignitate regali factà , aequipollet juramento , and that a sovereign prince appealed to about the rights of subjects is morally bound to proceed therein vt devs qui soli veritati innititur , and according to the style of the judges delegated by sovereign princes , solâ rei veritate inspectâ , and throwing off the formal rules and solemnities even of positive laws themselves ; it may be well inferred that the divine law of nature obliging us to gratitude , we are morally bound in the preservations of the lives and rights of princes ( tho we had not been sworn to them , yet ) to regard them as god , and not to obscure their rights with formalities and subtilties of law , and much less with tricks of words , but especially in the interpretation of our oaths to them to use the greatest simplicity therein that is sutable to the law of nations , nature and christianity , and to abhor what the lawyers call a subdola juris interpretatio , and what may be called , as the expression is in iob , a darkening of council by words without knowledge , and a gloss that corrupts the text , and is directly contrary to the right of kings and princes ; for the securing of which and removing all doubts or strife about the same these oaths were made . and should any one tell me of the effect of that saying nemo est haeres viventis in our common-law , and that land being given to a. for life and the remainder to the heirs of b. and that a. dying while b. lives who hath at that time a son , that son shall never have the land because of non est haeres viventis , but it shall go back to the donor if alive , or if dead to his heirs , i will ask him if the donor should be bound in justice and equity by a certain future time to lett the heirs of b. have the land , and had voluntarily sworn that b's heirs should then have the same , whether the donor then could with a salvo to conscience keep the son or other heir from the same by virtue of the non est haeres viventis ? but we are to be tender how we compare the inheritances of private persons with that of the crown , which is of a higher nature , and without a metaphor differs from them toto coelo , and is so much above them . and how regardless were they then of the birth-right of the oldest monarchy in the world , and particularly of the present glorious royal line , that would not allow it the privilege of being plainly understood as they do to private inheritances , and as to which william the conqueror in that part of his charter to london is allowed to speak intelligibly enough , viz. and i wyll that ich child be his faders eyer . but i am weary of this wild-goose chace of the haeres viventis among old books : and my pointing back any one to my d and th conclusions may save my labour of speaking here much more of it , it is sufficiently set forth in the third , in what sense the words of oaths are to be taken , and where i mentioned ames saying , that they are regularly to be taken in that sense that the words have in the common use of men . and to this purpose we are well told by vaughan in shepbard and gosnald's case , that were the penning of a statute is dubious , long usage is a just medium to expound it by : for jus & norma loquendi is governed by usage , and the meaning of things spoke or writ must be as it hath constantly been received to be by common acceptation . but i have shewed the word heir to be no doubtful word : and as i have mentioned it to be a word that the glory and power of our saviour is expressed by , i may add that our noble privilege as we are christians being so often represented in scripture by the word heirs , &c. we are morally bound to guard the word from the assault of any new interpretation that would outrage it with doubt and ambiguity . i have shewed that as our oath is part of a statute-law , if there could be any doubt of it , the iudges are to interpret it : and our ancestors were so far from trusting private men to interpret statutes , that they have not allowed the court christian judicially interpret the very statutes that concern the things there conusable . and as some papists do vainly sometime tell us , that we by our religion damn all our popish ancestors , it may here with truth be said , that any by finding out a new sense of the word heirs do condemn the understandings of those and their morals in not observing the oath by the measures of that interpretation ; and i may as truly say , that we venture on damning our selves by perjury , if while we venture on a new sense of the oaths both contrary to the common sense of the words and of the imposer , we do not particularly take the oaths with our protestation of that new sense , and much more if reserving that new sense in our minds we shall further in one of these oaths , viz. that of allegiance declare , that we have sworn every thing therein according to the plain and common sense and vnderstanding of the same words without any equivocation , or mental evasion , or secret reservation whatsoever . it is a certain rule about oaths , that iuramentum non extenditur ad ea de quibus cogitatum non est : and so is this other , viz. non licet nobis interpretatione taci●â comminisci conditiones , nisi quae vel publico jure receptae sunt , vel ex re ipsa , aut verbis quibusdam manifestè colliguntur : and i may add another , that minimè mutanda sunt quae interpretationem certam semper habuerunt . but as it hath appeared to all a superfluous thing ever to have the judges consulted about any being heirs to the king in his life-time , and wherein there is no dignus vindice nodus , so likewise tho contra captiones ex actu ambiguo nascentes , remedio est protestatio , quae declaratione intentionis actum madificatur , jusque in posterum competens conservat , yet no man was ever found so ridiculous as to make any protestation at the time of his taking these oaths concerning this new sense of the word heirs : and what is a greater reflection on our excluders as to their non-observance of the promissory clause relating to the king's heirs , is that the excluders were embarqued in their exclusion , and half-sea over in their prosecution of it , and had thrown away their compass of the common sense of the oaths , before the new one of haeres viventis was found or heard of , an interpretation that i believe the very author of the sheriffs case would have held scandalous , and which indeed amounts not to so much as a scruple of conscience , or to more than a quirk of law. it hath long been the custom of spain not to make any men iudges who have been advocates , as supposing that their straining the law as practitioners for their clients , might make them the less candid in their judgment of the law on the tribunal : but the truth is , the giving judgment in the court of conscience , that this new-found interpretation of the word heirs would in that court indemnify the takers of the oaths , may well seem unworthy of the dignity of any iudge or counsellor or conscientious attorney , and any one of those whom the old comaedian calls the leguleiorum faeces decemdrachmari● , not wholly steer'd by trick . as great a iudge in that court as ever our nation , or perhaps christendom bred , i mean our bishop sanderson , having in his d lecture of oaths said , that we become guilty of the hainous crime of perjury , if a milder interpretation of an oath chance to deceive us , doth well mind us of the profitable rule which in doubtful matters commands the choice of the safer part . and thus the casuists generally giving us that rule , that in all doubtful matters we are to incline to the safer side , and that therein 't is safer to think a thing to be sin than not , and in order to the great exclvsion of perjury telling us , that cum de ancipiti perjurio in futurum quaeritur , illa est benignior sententia quae conscientiae tutior , atque ita quae crimen interpretatur ut excludat , and that when ever we recede from the literal sense of an oath to the intention of the law-giver , we ought to be very sure of that intention , if we will be sa●e from the danger of perjury , i think that new interpretation so clearly contrary both to the literal sense of the oath and the intention of the law-giver ( as i have shewn ) was a very unsafe trick for men to put upon their consciences . but as the word heir is a plain word , so it is likewise as plain , that some men by the haeres viventis would put a trick on the state : for let any one go to dissect all the meaning that can be in the haeres viventis in plain english , and it will be neither better nor worse than to make the sense of the imposer of the oaths be , that men should observe the promissory clauses relating to the king's heirs and successors only on the terms of the objection of rebus sic stantibus , which i have before mentioned and fully answered . nor can any men evade their being by the oaths obliged to defend the rights of the hereditary monarchy , and thus prop up such their new interpretation of heirs by virtue of the expired statute of the th of elizabeth ( which some have raised such dust with ) that made it treason to affirm , that the laws and statutes do not bind the right of the crown and its descent , limitation , inheritance , or governance . it is not an expired statute , nor any one in being can make the obligation of our oaths to the king's heirs and successors to expire . we were in conscience , and by the law ( which is by some termed communis sponsio regni ) obliged before our oaths taken to defend the rights of the king's heirs and successors in all just ways : but if any men should be so vain as to think that we were not before obliged to them on the account of the hereditary monarchy , yet it is most certain that an oath doth often induce an obligation where there was none before : and we are not now considering what was treason , but what is perjury . an act of parliament may inflict the vltimum supplicium , on that which perhaps is not malum in se , as for example , the exportation of wooll , tho when we have a glut of it ; nay , by the th of harry the th , c. . touching the succession of the crown , the not taking of the contrary oaths is made treason . but i need not here say more than that if any in the th year of queen elizabeth had took the oath of supremacy enjoyned in the first year of her reign , and did not observe the promissory clause therein , they did offend god and their consciences thereby . but i have mentioned it that arch-bishop hutton notwithstanding that th of elizabeth made it a praemunire to speak of any person being her heir and successor , except the same were the natural issue of her body , did publickly in his sermon before her , discharge that promissory part of the oath by asserting king iames his right to succeed her , and was publickly by her thanked for it . on the whole matter , we are not bound by these oaths to look backward on other mens actings , but to look forward on our own . enough has been said of too much that was done to oppose king iames's succession , and of the necessity of the oath of all●giance to secure england to the royal line and by it : and the providing of the fortius vinculum on the emergency of the gun-powder treason , was but sutable to the general prudence of all states ▪ and the expression of allegiance to be paid to the king's heirs and successors , when kings and queens of this realm , which was in some former oaths , was not in this necessary , nor yet in the oath of supremacy , because of the great fundamental clause in both before mentioned , viz. the king is the only supreme governor , &c. he is only supreme , and so none co-ordinate , or equal to him ; our sov●reign lord the king , is lawful and rightful king , &c. and so the word is must necessarily hinder any heirs or successors forestalling the market if they should presume before their time to come for our actual allegiance , however sworn to them to be paid in future time . our law-book of oaths mentions a long promissory oath made voluntarily to harry the th , by arch-bishops , bishops , dukes , earls , viscounts , abbots , priors , and barons , and but part of which i shall here set down , viz. i a. b. knowledge you most high and mighty and most christian prince king henry . to be my most redoubted , and rightwise by succession born to reign upon me , and all your liege people , whereupon i voluntarily without coercion , promise and oblige me by the faith and truth that i owe to god , and by the faith , truth and ligeance that i owe to you my most redoubted sovereign lord , that i shall be without any variance , true , faithful , humble , and obeysant subject and liege man , to you my most redoubted sovereign lord , &c. and swear to endeavour to do all that may be to the weal and surety of your most royal person , &c. to the weal , surety , and preserving of the person and benign princess , margaret queen , my sovereign lady , and of her high most noble estate , she being your wife , and also the weal , surety , and honour of the person of the right high and mighty prince edward , my right redoubted lord the prince your first begotten son , and of the right high and noble estate , and faithfully , truly , and obeysantly , &c. first , my allegiance to you my most redoubted sovereign lord , during your life , &c. and if god of his infinite power take you from this transitory life , me bearing life in this world , that i shall then take and accept my said redoubted lord , the prince edward your said first born son for my sovereign lord , and bear my true faith and ligeance to him , as by nature born for my sovereign lord , and after him to his succession of his body lawfully begotten , &c. and in default of his succession , &c. unto any other succession of your body lawfully coming . but the wisdom of any nation making laws ( and especially about oaths ) as short as may be , i account that those of supremacy and allegiance have much better that multi-loquious one ( as i may call it ) provided for the security of our allegiance to the king regnant , and afterward to his heirs and successors , by plain and liquid words as far as humane prudence could provide for the same . and because what is made by humane art is in danger of being by humane art eluded , and for that we see that nature it self hath been made a term of art ( a word that st. paul thought plain enough when he said doth not nature teach us that , &c. yet of which word a late lawyer and kinsman of the great grotius hath in his book , de principiis juris naturalis told us of seven significations ) and for that it is as easie for a captious versatil wit to turn the word heir or most words into as many or more , the oath of allegiance was further with deep precaution made to exterminate all cavilling senses and calumnious interpretations , and such as that of the haeres viventis , by that final clause which crowns that oath , and that which alone as i partly hinted before amounts to an oath , viz. and i do make this recognition and acknowledgment heartily , willingly and truly upon the trve faith of a christian , and after which it follows , so help me god. that the faith of a christian alone amounts to an oath , i shall cite the opinion of tuldenus the regius professor of law at lovain , when writing de interpretatione iuramenti , he saith , affirmatio perfidem tunc demum jusjurandum est , cum additum fuit christianam . alciat . in l. . c. de transact . i conclude therefore that what christian soever hath taken this oath , hath by virtue of the words of the faith of a christian obliged himself thereby as much as if he had said , that great privilege of birth-right belonging to the king's heirs , a privilege so great that the despising of it , as in the case of esau is applied in scripture to mens prophaneness in despising their inheritance of bliss by christianity , i do as sincerely promise to defend according to my oath , and without any fraud or mental reservation or the least cavilling , capricious or calumnious interpretation , as i value the great privilege that christianity hath ennobled humane nature with in being heirs of god and joynt heirs with christ as st. pauls words are , and of being heirs according to the promise ; and may all the divine promises be so yea and amen to me , and interpreted with not only a plain but a full and fair interpretation , and so likewise the very oath of god , mentioned in the epistle to the hebrews , as i do plainly , and fully , and fairly , and with the exuberant honesty and simplicity enjoyn'd by the christian religion , and so much transcending the bona fides of the heathen morality , perform my promissory oath of allegiance to the king and his heirs and successors . i shall in the last place take notice of what i have not without horror observed , namely , that some disloyal authors have presumed in print to pretend the lawfulness of exclusion of heirs and successors on the account of their religion , by colour of the punishment of idolaters according to the iudicial law : and as to which it will be sufficient here to say , that that law was given only to the iewish nation , and that it did never bind any else or doth , and that the divine law natural and positive bind us to the observation of our oaths , and that christianity doth not found dominion in grace , and that the patriarchs , and ioshua , and the princes of the people of israel made leagues with idolaters , and on both sides there was mutual faith confirmed with solemn oaths , and that an oath promissory to pay allegiance to the heirs of the crown at the time of its descent is much more lawful . and i might urge that the iewish kings tho often idolatrous , yet as the lord 's annointed had de jure & de facto obedience payed them without respect to their religion , or irreligion . and by virtue of the moral offices of honouring all men , and of the internal communion due from all christians to all christians , i shall without offending the church i hold external communion with , venture to go as far in my measures of charity as some of its great ornaments , dr. hammond and bishop taylor and likewise bishop gunning have done in freeing many roman catholicks from the guilt of formal idolatry . innumerable acts of idolatry may be charged on many persons of that communion , and particularly on all such as do worship the cross or saints and angels cul●● latriae , and on such as in the eucharist determine the thoughts of their worship to the consecrated bread. but i believe there are others who do not intentionally direct their adoration to any creature in that sacrament , and only to the person of christ our lord : and as when abimel●●h mistook sara from her husband , being informed by abraham that she was his sister , god was pleased to acknowledge , that he did it in the simplicity of his heart , so i shall leave such to their master , and without particular ground charge no particular person of them with the guilt of formal idolatry : and should much rather choose to absolve a church from approving idolatry than to render the persons in it liable as idolaters , to be in a christian state dealt with according to the rigor ( or as some calvinsts call it ) the equity of the iewish law. as we justly remember the bigottish cruelty of the marian days , so we must be so just to our selves as not to forget how some nominal protestants ( and such too as were magni nominis ) did long ago ( and as they do still ) accu●e the discipline of the church of england , and its decent ceremonies with the guilt of idolatry : and how fatal both to our church and state so false and base and spightful an accusation hath proved . mr. hobs in his history of our late civil wars attributes somewhat of the success of the disloyal enemies of our church to the natural cause of their fighting with spight . we know that not only mr. h. iacob in his exposition of the d commandment , printed in the year . hath thus charged our church with idolatry in express words , but that ames himself did so in effect in his puritanismus anglicanus that year printed : and as learned and pious a man as he was , his cases of conscience shewing him tainted with the tenet of monk gratian and calvin and our assembly-men about the iudicial law ( for he saith there , that that law tho not appertaining to christistians , sub ratione legis sperialiter obligantis , yet is so sub ratione doctrinae , quatenus vel generali suâ naturâ vel proportionis aequit●te exhibet sempe● nobis optimam juris noturalis determinationem ) one might easily gue●s from such a principle when believed and practised , what quarter the church of england , or any church accused of idolatry could expect . the truth is , that on the division of the world by some into parts and rendring thereof to be down-right idolaters , and mahumetans and christians , it may well seem a deplorable absurdity that the christian quota should be so much addicted both to call one another idolaters , and to sacrifice one another as such , beyond the superstitious rage of the heathen 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . mr. iacob in his said exposition calls the lutherans idolaters for having images in their churches : and what may well seem strange is , that when cromwel the vsurper being inclined to tolerate the iews , and appointing a meeting of his ministers of state and his divines , to debate the lawfulness of it , at that time fiennes his lord-keeper declared it then unlawful , for that the iews were idolaters , as worshipping god out of christ , and whereby he implied in effect that adam was an idolater . thus apt have enthusiasts been to play with idolatry : but a shameful thing it is to our english understandings , not to have a just general apprehension of the aim of some factious anti-papists to set up new real idolatry in the state , while they are vexing us with their old nominal idolatry in the church ; i here refer to all that would outrage the hereditary monarchy , and i call any crime of that nature by the name of idolatry , as our judicious sanderson hath done in his learned lecture , de legum humanarum causâ efficiente § . . where having shewn how kings are called gods , psalm . . quod ipsius dei in terris vices gerant , idque deo ipsis conferente hanc potestatem , non populi suffragiis , ego dixi dii estis , he thus goes on to ask very properly , poteritne populus aliquis sine turpis idololatriae crimine sibi deos constituere , cum sit uniuscujusque hominis , ei qui ipsius vicem gerat , potestatem vicariam suâ authoritate demandare , non alieno arbitratu ? audebitne quisquam mortalium id iuris sibi arr●gare ut qui dei in terris minister & vice-deus futurus sit , omnem illam suam authoritatem & potestatem ab ipso sibi collatam agnoscat ? let all such then who did avdere thus in the affair of our hereditary monarchy , and to have the vice-deus futurus moulded by their fancies , consider how great a casuist hath loaded them with idolatry : and moreover remember how the inspired prophet did make rebellion as the sin of witchcraft , and contumacy or stubborness as idolatry . i was contented with finding one thing asked by the ingenious author of the compendium , because i supposed , and that then even by calculation , i might resolve the doubt ( and which i have held my self obliged to do ) viz. can it be said that the monarchy of england hath gotten by the reformation ( and what desperate enemies that hath created us may be easily imagined ) that nothing but popery , or at least its principles can make it again emerge or lasting ? but was sorry and ashamed to find that authors had cause to cite the disloyal pamphlet of pereat papa , as asserting the lawfulness of proceeding against idolaters as is there mentioned , and that he likewise had so much reason to make so great a remark on the exclusion in the foregoing page : viz. he who believes he can disinherit a lawful successor on the account of religion , will hardly find arguments of force to keep the prince in being on his throne whenever this happens to be imputed to him . moreover i was ashamed after the effort of the idolatry in the exclusion , and of the mobile's worshipping a plot-witness with the name of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , that the non-conformist author of the book called the peaceable design , printed in the year . speaking so tenderly of the papists then in the words of , the papist in our account is but one sort of recusants , and the conscientious and peaceable among them must be held in the same predicament with those among our selves that likewise refuse to come to common-prayer , yet reprinting his book in the year . doth thus alter the former passage , and say , the papist is one whose worship to us is idolatry , and we cannot therefore allow them the liberty of publick assembling themselves as others of the separation . when the non-conformists had a while after the declaration of indulgence idolized both it and the papists for being supposed to have had some hand in the procuring it , and were as soon weary of it as children of their images , yet it seems that presently after the noise of the popish plot , the non-conformists censure of transubstantiation was transubstantiated , and their religion grew to be idolatry : as if the ill actings or shams of either a few or many indigent or dissolute persons ought to be turned on the whole body of papists , or especially on their religion it self and their religionary tenets . but many of the non-conformists then being abandoned to sham the very church of england and its discipline with idolatry , and with a participating in the plot to bring in popery , according to what arch-bishop land's star-chamber speech mentions as the style of the libels in those days , that there were then great plots in hand , and dangerous plots to change the religion established , and to bring in romish superstition , the sagacious loyal began to see that they made but a stalking-horse of the plot of the church of rome to shoot at the hereditary monarchy , and by outcries against the church of rome to bring in a roman republick , and to make themselves the idols of the people in a popular state , while they complained of the idolatries of churches . but there remains somewhat else to be said as to this point of calling , or thinking every particular papist an idolater , and that is what i shall further urge out of the great speech aforesaid of the arch-bishop of bourges , who knew well enough that papists had in their writings frequently called hereticks idolaters ( and as accordingly the author of a popish pamphlet printed in london in the year , entituled miracles not ceased , hath done , and where his words are , the protestant religion is a cheat and heathenism , the protestant bishops are cheaters and priests of baal , the protestant religion is ridiculous and idolatrous ) yet this arch-bishop in that speech having ( as i said ) cleared his prince tho a protestant from the guilt of heresy and pertinacy , doth likewise there particularly say , he is no idolater , and where he likewise hath with great judgment and loyalty taught us , that as to those constitutions in the civil law whereby manichees and arrians are excluded from magistracy and publick office , it was to be understood to be only in the case of inferiour magistrates and not of sovereign princes , who cannot be disinherited of their rights without the destruction of the whole government and people : and to decree any thing of whom did only belong to the iurisdiction of god almighty . there is another thing that inclines me to think my self morally bound not to call all papists idolaters , and to wipe off the stain of idolatry from the church of rome as much as any of the fathers of our church have done , and that is the conversion of england from heathenish idolatry , that gregory the great was god's great instrument in many hundred of years ago . having thus finished my casuistical discussion , i shall be glad if the result thereof may by the blessing of god ( whose both the deceived and the deceiver are , according to the words of iob . . ) be in all such protestants who have been deceived into a belief and practice of the irreligionary tenet of popery , viz. of dominion being founded in grace , a more exuberant compassion to all loyal papists who have not believed and practised that tenet , and may have erred in popish tenets religionary . 't is both visible and palpable that such excluders and nominal protestants while they accused papists of being deluded into a plot to destroy the king , were themselves deluded into a practice that would ipso facto have destroyed the hereditary monarchy . 't is most plain that by being so deceived they have given occasion to papists to reproach protestants by saying to this effect , you see how vain your attempts are to leave popery and its tenets : and as he who would by running or riding or sailing to any remote places , imagine to be able to get from being under the covering of the heavens , would give any one occasion to upbraid his vanity , by telling him he could not do it , for that the further he went from being under one part of the heavens , he would but compass the being nearer to another part thereof ; so while you would get from being under the predominance of one part of popery , you obtain but to be the nearer to another part of it : you have run from the belief of purgatory to the tenet of founding dominion in grace ; and there being no steady hand among you to hold the balance , that tenet practised by you would instead of a purgatory hereafter , make a present hell upon earth . you are got from the council of trent , and yet the odiosa materia in the very council of lateran , which you charge upon us as a general one , is approved , believed and practised by you : and you would exterminate the king's heirs and successors as heterodox in religion ; and have in effect obsolved your selves from your oaths promissory in their behalfs . thus therefore do●h the vniversality of our catholick and heavenly religion seem to be naturally made like that of the heavens , from which there is no escaping . thou who abhorrest idols dost thou commit sacrilege , and abhor the sacredness of the regal power , and of thy own oaths ? and thou who abhorrest superstition in things , wilt thou idolize words , and imagine there can be sacredness in letters ? doth not every one know that even literae significantes sacras sententias non significant eas in quantum sacrae sunt , sed in quantum sunt res ; ergò literae non sunt sacrae ? doth not the very word sacred likewise signifie accursed ? can therefore the name of true protestant legitimate a calumnious interpretation of oaths , more than the name of the society of jesus legitimate the doctrine of calumny , or more than the world catholick monopolized formerly by the donatists and arrians , could justifie or sanctifie their tenets ? will your name of reformation weigh any thing , if while you are come out from among the religionary tenets of our church , you remain in the babel of the irreligionary ones , approv●d by some of our popes and doctors and schoolmen ; and which we grant , that if believed and practised would bring every kingdom to confusion , and not only into a diversity of languages , but into an alteration of the hereditary government , and transubstantiate even that ? if you are angry with us for mistaking saint peter ' s successors ( as you think ) will you not be angry with your selves for mistaking the successors of your kings , so easily to be known ? since you may think him a wise child who knoweth his true spiritual father , as well as his true natural one ; will you reproach our understandings for not knowing that true spiritual one , and what is the true church , when you seem thus not to know your true political father , or who is to be in the course of the descent the true king ? will not you pity us for our implicit faith in the guides of the church , in things wherein we cannot hurt you , when your selves do by implicit faith follow the demagogues in the state in matters that would destroy us all ? when brutus after he had given the blow to caesar , found cause to exclaim of vertues being an empty name ; will not you after you have thrown off the papal power of excluding kings make your reformation an empty name , if you at last reform your selves into popery , and after all your imagined conversions from popery , we shall see your natural conversion to it , and as natural as the common hieroglyphick of the year shews us , and how in se convertitur annus ? the truth is , that as to the case of many of our nominal protestants , and some real ones , being thus deceived as aforesaid in the business of the excl●sion , there lyes a pudet haec opprobri● nobis , &c. and a worse opprobrium than that of another common latine saying , stulti dum vitant vitia , &c. for here they have run but from popery to popery , from a popery more genteely clad to a second-ha●d popery , and even into a frippery of antimonarchial notions ; and they have run into the substance of the worst part of popery , and what i account worse then transubstantiation , while they have been pursuing the magni nominis umbria , i mean the shadow of the great name of protestant . and i will still call it a great and noble name , however abused by schismaticks , and tho not used in our canons and articles , &c. and wherein we soar above the dictates of luther and calvin , and the distinctions of names they occasioned ; and for which purpose our great-souled bramhall in the title page of his iust vindication of the church of england , hath the quotation of my name is christian , my sirname is catholic , by the one i am known from infidels , by the other from hereticks and schismaticks ; but yet doth often in that book and his other writings use the word protestants , for such who have laudably opposed the papal usurpations and impositions . and in the mentioning of the protestant churches beyond sea , that word is justly and properly applicable . moreover our great chillingwor●h's writing of , the religion of protestants a safe way to salvation , hath endear'd that name as well as his own to us thereby . the adherents likewise of the church of england are often put to it to use the distinction of protestant recusants , to speak intelligibly . but 't is the church of england-protestant that the orthodox and loyal generally mean by that name , when they speak of protestants alone here , according to the rule of analogum per se positum , &c. it is for the honour of these protestants who have not so learn'd christ and christianity as to be untaught their unnatural allegiance and natural obligation of their oaths , that it may be observed of them , that tho many within the pale of that church , have been tempted a while to extravagant thoughts and actings in the point of exclusion , yet they have through the divine influences on their understandings soon come to themselves again ; and tho the loyalty of some of these like steel hath been bent , yet it hath not like lead stood and continued bent : and notwithstanding that being transported a while with the passion of anger against papists and plots , they said in their haste , that dominion was founded in grace , i observ'd so many of them by their second thoughts so averse from the second-hand popery ( as i call'd it ) that they might merit an exemption from being censured by papists as aforesaid ; and that by virtue of the rule of law , viz. quidquid calore iracundiae vel fit vel dicitur , non prius ratum est quam si perseverantiâ apparuit judicium animi fuisse ; ideoque brevi reversa uxor , nec divertisse videtur . and here i am likewise to observe that tho many who have been members of the church of england , because it was by law established , and have for fashion-sake gone to our common-prayer with no more concernment than the monk went to mass who said eamus ad communem errorem , yet such of this church whose devotion hath been deep rooted in their heads and hearts , and who have seriously thought of those words in the collect , viz. so rule the heart of thy chosen servant charles our king and governor , &c. did not long say amen , to any mens thoughts or motions of choosing their king. let rome and the conventicles thus like lead stand bent ( as i said ) but the doctrine of the church of england and its prayers have sufficiently told us whose chosen servant our king is . i have here occasion to refer to an illustrious son of this church , and whose whole life hath been as perfect a comment on the oath and moral offices of allegiance and of absolute and unconditional loyalty as any could be , and more useful to the world than any written one , i mean the duke of ormond , and therefore it is but iustice to him and the subject i have been treating of for me here to cite him in what was published by the loyal and learned father walsh , in answer to what was by the nuntio's party pretended as a scandal , namely , that one of a different religion from those irish papists should be made choice of to govern them : and that that party did fear the scourges of war and plague to have justly fal● so heavy on them , and some evidence of god's anger against them for putting god's cause and the churches under such a hand , whereas the trust might have been managed in a catholick hand under the kings authority , but to which the answer was thus with great loyalty and judgment , viz. now at length they are come plainly to shew the true ground of their exception to us , which they have endeavoured all the whole to disguise under the personal scandals they have endeavoured to cast upon us . they are afraid of scandal at rome for making choice as they call it ( as if they might choose their governor ) of one of a different religion . if this be allowed them , why they might not next pretend to the same fear of scandal for having a king of a different religion , and so the power of choosing one of their own religion , we know not : and concludes with an observation of that party 's having infamously practised the doctrine of calumny in relation to the then queen . and all papists therefore owning the disloyal principles of that party have thereby the pudet haec opprobria , &c. put on them . nor can it be by any impartial relaters of news either told at gath or published in ascalon , that any sons of the church of england were actually 〈◊〉 in thinking they might choose their future king , but it must likewise there be said , how the fathers and divines of that church did in that conjuncture so universally , and with such an impetus of reason and scripture propagate the doctrine of passive obedience , and of the loyalty that the th of the romans , and our oaths require , whereby the popery of founding dominion in grace hath been so much exterminated from that church and the realm , that the very sense and reason and humor of the people of england is bent against it , and is likely to be so more and more . and it was natural for our divines in this conjuncture thus to do , when so many factious counterfeit protestants were by their outcries making papists of them , and publishing infamous pamphlets that expressly shook the rights of the hereditary monarchy , and of the church by law established , and with an intent to shake the same in that time when the exclusion was designed ; and as appeared particularly by the reprinting for that purpose the pamphlet of the rights of the kingdom , and in which the author did endeavour to prove the peoples right to choose their bishops . the clergy therefore seeing such nominal protestants by that real part of popery of founding dominion in grace , thus bent on the ruine of church and state , were concerned to bend all their forces of reason in permonishing people of their danger from that part of popery . thus as when a light-house is set up to warn navigators of a bank of sand , if yet by the force of the sea and wind such bank happens to be removed , the light-house must be removed likewise , the same thing was accordingly done by the justice and prudence of our divines giving us a notification of the sands of popery having shifted their place . the late experience that our church had of its usage under the great vsurper , and of his putting it out of his protection as knowing the born and sworn allegiance of its church-men , and likewise its doctrine must necessarily make them true adherents to the king's heirs and successors , hath necessarily taught them that they cannot externally flourish under any vsurper whatsoever . they know that the oath that cromwel's parliament enacted to be taken by him was a canting oath , and to which he was sworn to the uttermost of his power to uphold , and maintain the true reformed protestant christian religion in the purity thereof , as it is contained in the holy scriptures of the old and new testament to the uttermost of his power and his understanding . the doctrine and discipline of the church of england was not to expect to be upheld and maintained by him , nor can it be upheld or maintained by any vsurper . dr. gibbon the author of the theological scheme averred to me , that mr. nye and he attending a committee of parliament in the times of the vsurpation , that mr. nye being desired by the committee to give them a definition or description of a minister of the gospel , then answered , a minister of the gospel is one sent forth by the state to preach the gospel , receiving protection from them and maintenance under them , and all others restrained ; and we know that he and others then treated the church of england in words and things like an ecclesia maligrantium ; and how they were then restrained ab officio , &c. and just as the faction and schism of many nominal protestants began about to call our divines names , as i have observed , so lately the popish plot was made the vehicle of the poyson of some mens calumny , and neither machiavel nor iesuit did ever more sledfastly practise the divide & impera , than such men in that conjuncture did , that by weakening us with our divisions they might at once destroy the lineal succession of our hereditary monarchs in the realm , and the succession of bishops in the church : and our kings in their coronation oaths swearing to keep peace and agreement to the holy church , the clergy and people , factious and schismatical persons having broke their own oaths of allegiance and supremacy may be said to have endeavoured to break the king's oath , according to the old known form of the indictment of some of our iudges for bribery in which it was said , that our kings being bound by their oath to do iustice to their people , such judges did violare sacramentum domini regis . it hath pleased god by the fierce zeal of several non-conformists for the exclusion , to open the eyes of many conscientious and loyal people among them , and to bring them thereby to the bosom of the holy church of england ; for they seeing such doubts and objections as some had raised against the obligations of our oaths , to be but scruples , and that considerate , serious , and devout persons of the church of england had soon thrown the scruples away , were naturally thereby induced to throw off other scruples ; and it was likewise but natural to them to think that their very doubts and objections for their having separated from the church of england were but scruples . and as to doubts , tho the rule is , quod dubitas ne feceris , yet not only sanderson but ames hath told us , that scruples are not to be regarded : for ames in his cases of conscience l. . c. . viz. of a scrupulous conscience , having said , that a scruple is a fear of the mind about what one is to do which vexeth the conscience , as a little stone in ones shooe troubles the foot , he wisely concludes , that multi scrupuli cum non possint commodè tolli contrariâ ratione , deponi debent quasi violentiâ quadam , dum excluduntur ab omni consultatione : and that , scrupulus est formido temeraria , & sine fundamento , atque adeo non potest obligare . he there mentions , a man being said to be scrupulous in discussing his past actions , or in ordering his futu●e ones : and i am confident that many of the loyal late non-conformists when they consider their past actings will now accord to say , that many of the clamorous pretences they were tempted to urge for liberty of conscience , ought to have been ( as ames's words are ) laid aside with violence : and i do likewise believe that many of the pious members of the church of england who while the formido temeraria and sine fundamento carried them to incline to think it lawful to shake the foundation of the hereditary monarchy , and the super-structures of their oaths by new interpretations , do with a pious horror think of the poor vapours pent in their imaginations that made such temporary earthquakes in their moral offices of loyalty , and might have made perpetual ones in the kingdom . and that because some of our english princes long ago , whose titles were cloudy , did de facto make use of the legislative power to render them clear to the people , for any to think that therefore the monarchy was not then de jure and jure c●ronae hereditary , and that therefore after the liquid oath of allegiance made to statuminate the most clear title of a crown that can be supposed , it could since be lawful for any parliamentary power to disturb the succession and dispense with our oaths , can appear to the considerate to be nothing but a scruple unworthy their thoughts . and moreover because some of our princes heretofore desired their parliaments to intermeddle in setling the succession , for any therefore after the oaths to think it might be lawful to disturb their prince with renewed importunities again and again to alter the course of the descent after his various declarations of his mind that he would never consent to any such thing , must necessarily appear to the considerate , a scruple fit to be thrown off . much more then must it appear to such to have been a vile scruple to have fancied it lawful to pronounce men enemies to the kingdom , because they so loyally defended the hereditary monarchy according to their oaths in that hot conjuncture , wherein the air of mens fancies was so generally infected . and as in any long intervals of extreme hot or cold weather not to participate with the generality of mens bodies in some sensible effects of it , would argue somewhat of distemper in ones constitution , so in the late heat of the populace against popery , it was inconsistent with the soundness of loyalty not some way to partake of the effects of that heat , and as i have sometimes perhaps too much with many other loyal persons done . i remember to have read it somewhere in a print full of wit and loyalty said with gayety of humour to this purpose , viz. that while a whole nation was drunk ( meaning i suppose intoxicated with the belief of witnesses telling incredible things , and the populace being thereupon drunk with anger and rage against the persons of the papists ) it was to little purpose for any one man to be sober . the notions that men , had of a plot were very various . some then were so far gone in credulity as , like the fool that solomon saith , believeth every word , they were resolved to believe every thing the witnesses had said or would say . the loyal generally acquiesced in the notification of it as published by the government , and thereby discharged part of the moral obligations of the oaths i have discoursed of , whereby they were to defend all the rights and privileges belonging to the king , his heirs , &c. and one of those rights and privileges is what is allowed by the law of nations to all sovereign princes , namely , to have faith given to their publick attestation of any fact. yet religion allowing men the use of the judicium discretionis about the sense and importance of the writ divinely inspired , they modestly employed their discretion in considering what by the dii nominales was published , and if any thing therein seemed above their reason and not contrary to it , their faith rested therein . but the loyal soon found that the fears and jealousies of popery began more and more to turn into fears and jealousies relating to the witnesses veracity , and they could not without a profound horror and astonishment reflect on the intoxication of a gaeat body of men , believing some incarnate devils in accusing one that had appeared to christendom , as great a saint of her sex as the steady practice of all moral vertues glorifying a heavenly mind on earth could render her , and who with such a character must shine as a star in the history of the age. that many of the popish clergy about that time vainly endeavoured to have their religion paramount , and had hopes to get their lands again , none will think impossible who have since seen some of our schismatical pastors so infatuated as to think it practicable for them again to thrive by their old religion-trade . and that such particular persons as were by the late earl of clarendon in his book against cressy printed in the year . remarked for the petulant and unruly spirit that sw●yed too much among them , might continue in the year . no wise man doubted : for the said earl there said , the wisest and soberest catholicks of england did all they could to restrain that petulant and unruly spirit . many sagacious protestants who knew the irreligious principles that the iesuits writings swarmed with , were apt to fear that there were then endeavours to have some of them practised by some ill men who were bigots , or paupers , and whom necessity might prompt to be merc●nary in making disorders in the state. the iudicious and learned bishop morly was observed then to have some notion or idea of a popish plot , peculiar to himself . and as then many had their various conceptions of the noised plot , so many loyal and serious thinking persons supposing it to be very unreasonable and barbarous to involve the whole body of a religion in the guilt of some particular persons , and on any pretence to bereave them of that freedom in the profession of their religion , that both the law of the land and of god allowed them , did employ their thoughts and fancies for the reclaiming the age from the humour of severity then shewed to the persons of papists in general . the earl of anglesy one of his majesties great ministers publickly moved him in the hot conjuncture to release all papists and even priests out of prison , who were not charged with any thing of a plot. and the disloyalty of many nominal protestants then appearing in their many published prints , it seemed very horrid to all ingenious men that the lives and liberties of loyal innocent papists should be sacrificed to feed the humours or appetites of any beasts of prey in the ark of the protestant church ; i speak with allusion to those thousands of harmless sheep in noahs ark employed in feeding about pair of carnivorous beasts there . i thank god , that while i was a sharer with many of the loyal , in the hatred of the irreligionary principles formerly maintained by the court of rome , and many of its churchmen , and particularly of those of the iesuits ( which that court hath lately disclaimed , ) i have likewise shared with them in the disclaiming of hatred or enmity to any mens persons , whether iesuits , or iesuited protestants ; and i desire to live no longer than i shall with the most perfect hatred abhor the popery of founding dominion in grace , and endeavour to perswade all pretended protestants , ( but real half-papists ) so to hate the same , but likewise with a perfect love to love the persons of their brethren-papists . and it is with justice to be by all men to our popish fellow-subjects acknowledged , that whatever petulance some of them were formerly guilty of , or of any ambitious design of making too great a figure in the internal government of the nation , yet that the deportment of the generality of them hath of late appeared with such a face , not only of loyalty but modesty , and complaisance with his majesties measures in employing the hands and heads of protestants of the church of england in the management of the great matters of state , as is necessarily attractive of our christian love and compassion ; and the rather for that we have seen at the same time many factious anti-papists to have made a greater figure in the internal government of the kingdom , than ever any papists did in the reigns of king iames and the royal martyr , and to have thereby given disturbance both to the external government and the hereditary monarchy . i did observe for some considerable time after the plot-epoche somewhat of a becoming humanity and gentleness in many anti-papists relating to the persons of the papists , and likewise of the divines of our church , but was afterwards sufficiently sensible of their intolerable rancour and animosities against both , and of the infamous use and application they made of the iesuits doctrine of calumny , and of the weapons they borrowed from parson's of the succession , to promote the detestable exclusion , and of their borrowing from athens and old rome , the thunderbolts of their old repvblican curses , viz. of enemy , &c. and throwing them at the most loyal of our patriots , and absurdly calling them enemies to the king and kingdom , because they asse●ted the rights of the hereditary monarchy in opposing the exclusion . by that kind of republican curses they gave us the omen of what they would have been at . and so extravagant was the use of that anathema in the late conjuncture , that when one in a great assembly moved against sir g. i. ( a person that all the loyal must own for his steadiness to the hereditary monarchy , and for his having first kindled that great zeal for loyalty which doth now like a wall of fire defend our metropolis , that he might be voted such an enemy as aforesaid , a burgess for that city ( as i was info m'd ) did ridiculously and presumtuously move that he might be voted an enemy to mankind . but it was easie for such as had took gods name in vain , so to take mankinds . i shall not degenerate from the moral offices of charity to mens persons , if i call the ex●lusion that would have broke the balance of the monarchy that was the old balance of the world , enmity to mankind ; but shall without my here calling any men names leave it to the soft voice of god's herald called conscience to suggest it that tho a man who was deluded a while by the error of the exclusion that would have been so fatal to the realm , might by reason of any good intentions so for a while ill guided , not deserve perhaps to be judged to be an enemy to the king and kingdom formaliter , yet that if after consideration and all thoughts made about his sworn allegiance , he doth not make a stand , but shall at any time again endeavour the going over the rubicon of the bloud royal in its line of succession stated by god and nature , and the defending his false-steps beyond it , by association or arms : ●i say i shall leave it to conscience to tell him or warn him by the indeleble characters of natural right there so legibly engraved , how much he will deserve the censure of such an enemy as hath been mentioned ; and shall be glad he may be thereby to better effect warn'd then caesar was from his vsurpatio● by the great senatus consultum , which rivallius in his history of the civil law , printed in the year . saith that he saw remaining engraved on a marble pillar by the river rubicon , viz. iussu mandatúve p. r. commilito , armate quisquis es , manipularisve , centuriove , turmaeve legionarie hic sistito , vexillumve sinito , nec citra hunc amnem rubiconem signa , ductum , commeatumve traducito . si quis hujusce jussionis ergo ad●ersus praecepta ierit fueritve , adjudicatus esto p. r. h. ac si contra patriam arma tulerit , penatesque è sacris penetralibus asportaverit . s. p. q. r. sanctio plebisciti . s● . ve c. he likewise saith that in portu arimini alterum est adhuc ejusdem sententiae senatusconsultum , and which appearing to be a noble piece of curiosity , and expressive of the same sense wi●h the former , tho with some difference of words , i shall here entertain the reader with , viz. imp. mil. tiro . armate quisquis es , hic sistito , vexillumve sinito , arma deponito , nec citra hunc amnem rubiconem , signa , arma , exercitumve traducito . si quis ergo adversus praecepta ierit , feceritve , adjudicatus esto hostis p. r. ac si contra patriam arma tulerit , sacrosve penates è penetralibus asportaverit . sanctio plebisciti , senatusconsulti , ultra hos fines arma proferre liceat nemini . rivallius having cited these senatusconsulta , saith that quibus senatusconsultis caesar fortassis territus cum è galliâ rediens ad rubiconem usque pervenisset & adversus pompeium populumque romanum bellum gesturus esset militibus dixisse fertur , et etiam nunc regredi possimus , quod si ponticulum transierimus , omnia armis agenda erunt . and thus let all members of the● true church militant in these realms by what name or title soever known , who have been tempted to think the exclusion lawful , thank heaven that they have lived to repent of the same , and that even now they may go back from the sinfullness of such thought , and consider that if they had passed over this rubicon , they were to expect beside the fate of their involving their country in war , the other tremendous one of being found fighters against god , to whom they were sworn . i have little further to add but to acquaint the judicious reader , that i desire if he findeth any thing here-said , that he may reasonably think to be not according to the theological measures of the church of england , or the political ones of the state , or against the moral offices of charity toward the persons of 〈◊〉 men , or against the internal communion due from all christians to all christians , ( tho i know of no such thing here said ) it may by him be taken as non dictum . there is no keeping of passion in number , weight and measure , and particularly of that of anger . the excellent bishop of downe that was , doctor ieremy taylor , hath often told me , that when he was to return an answer to a friends letter that had anger in it , he never concern'd himself to return an answer to the angry part of it , because he considered that the anger of his friend was over before the letters arrival . but against all the irreligionary principles of the iesuits , and particularly that of the founding dominion in grace , i would crave aid from posterity for the continuance of my indignation in the known words of , o me propè lassum , juvate posteri , but that the pope hath saved me the labour ; and so i hope those principles in them are retiring to the●r eternal rest , and i desire not to hinder their 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . and that no pious roman catholick may labour under the weight of being censured as one who is necessarily to believe and practice some principles beforementioned out of the lateran council : i have mentioned various things that may be of use to that effect , and perhaps more satisfactory than what hath by any of their church been said , who have denyed it to be a general council . such denyal will not effectually do their work , since cardinal perron hath ( as i said ) shew'd it to be a general one : and his reputation for his profound judgment and learning being so great and such that the late learned lord faulkland , the secretary of state , was wont to say , that baronius and bellarmine were but fit to serve him as amanuenses , or by gathering for him the quotati●ns out of authors he had occasion to consult ) it would be in vain for any learned writer of the church of rome , to think by his authority to out-weigh that of perron the cardinal . but by my citing likewise that cardinals not holding himself obliged to proceed in france according to the measures of that council : i have shewed the vanity of mens fears of any ill effect of it annoying us here , and as ( i hope ) i shall be able further to do in my remarks on the munster treaty ; and that since all things with god are possible , we may conclude that tho neither iesuited papists or protestants should ever recant any of their former irreligionary principles , the voice of nature may in effect do it for them , and render such principles absolete , and as insignificant as the stings of dead animals . several learned prints published by protestant authors in this fermentation have urged the council of lateran for princes exterminating hereticks , and every one knows that in the barbarous old times of popery that council did operate barbarously to that purpose ; and 't is possible that in a certain country in the world i will not name , hereticks ( so called ) have been treated partly after the mode of that council by some , with an intent to encrease our divisions , and the ferment of the popular hatred against papists and popery here . but the great perron having declared himself not obliged by that council to shew that severity to the hereticks in france , hath sufficiently instructed the world that roman catholick princes are not by that council bound always so to do ; and the constellation of the great roman-catholick kings shining in the munster treaty hath likewise given us light therein . to conclude ; we are not from the old former omissions or commissions of princes , and people , necessarily to infer future ones . the prudential rule is , de futuris semper meliora speranda sunt . it is likewise a saying often applied by magerus , de futuro statuere ex praeteritis , prudentis non est . seneca having spoke of the continual changes of things , and how that bis in idem flumen non descendimus , &c. saith , ego ipse dum haec loquor mutari , mutatus sum . we have had instances in former times , and in the late conjucture , of the sands of popery often shifting as i called it . the lord-keeper puckering in his famous speech , observed that in one conjuncture , the puritans did then joyn and concur with the iesuits : and the doctrinal measures of the iesuits and our nominal protestants about the lawfulness of exclusion have lately been the same . and i think that such protestants may reasonably conclude , that it was not for nothing , and not without some end that divine providence permitted so many of them to erre therein , and that probably it might be to the end to produce in their minds so great a degree of compassion and charity toward the persons of all roman-catholick christians , as may not only last in this conjuncture , but be operative in them by all moral offices of humanity and christianity during their lives . finis . as for most of the 〈…〉 which do not endanger the sense , they are 〈…〉 of the reader as they shall occurr to him . but 〈…〉 remarkable , he may please to take notice of as followeth , in the preface . page . lin. . after give , add it ▪ ib. l. . for belief , read believe . p. . l. . outrage there and generally throughout the following work printed wrong . p. . l. . for great truth , r. great thing . p. . l. dele but ▪ p. . l. . for but , r. and. ib. l. . dele but ▪ p. . the word independant , there and generally throughout the following work printed false . p. . l. . dele by p. . for vilitigation r. vitilitigation . p. . l. . for thinks , r. think ib. l. for iustifications , r. iustification , p. . l. . for articles , r. homilies . ib. l. . dele or romes to ours . ib. l. . for as of , r. as to . p. . l. . for divines , r. princes . ib. l. . after commodabunt , end the parenthesis p. . l. . for the signing , r. the making . p. . l. . for warming , r. warning , p. . l. . for naturally , r. natural . p. . l. . for i had , r. had i. p. . l. . for resolution , r. religion . ib. l. . for maximinian , r. maximin . p. . l. . after library , add that i have seen . in the index . page . line . for being an ill , r. being in an ill . p. . l. . for time of david , r. the line of david . ib. for ten , r. nineteen . in the discourse . page . line . for othea , r. other . p. . l. . for lovure , r. louvre . p. . l. . for voughe , r. vogue . ib. l. . for summonarily , r. summarily . p. . l. . for apostacy , r. perversion . ib. l. . for apostacy , r. perversion . p. . l. . for course , r. ours . p. . l. . after being , r. now . p. . l. . after since , r. originally . p. . l. . for thus for , r. thus far . ib. l. . after so is , dele it with . p. . l. . for the principles , r. those principles . p. . l. . & . for cannonise , r. canonise . ib. l. . for have been , r. have been thought . ib. l. . for the papists , r. some papists . p. . l. . for no religion , r. no reveal'd religion . ib. l. . there dele and indeed . p. . l. . when they , r. when papists . ib. l. . after shown , r. a full point . p. . l. . for you who are , r. you are ▪ ib. l. . r. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . p. . l. . for monarchiall , r. monarchicall . ib. l. . for actrocius , r. atrocious . p. . l. . for capital , r. capitol . p. . l. . for the papists , r. some of the papists . p. . l. . for lawful , r. venial . ib. l. . for of protestants r. of some protestants . for page . r. p. . p. . l. . for creswel , r. chreicton . p. . l. . for pavure , r. pauvre . ib. l. . and l. , for creswell , r. chreicton . p. . l. . for bladed , r. blade . after page . r. page . ib. l. . for carry , r. carrying . p. . l. . for state ▪ there , r. state here . p. . l. . for 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 r. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 p. . l. . for the very , r. that very . p. . l. . for chr●ches , r. churches . p. . l. . for serve vertue , r. severe vertue . p. . l. , for and think , r. think . ib. l. . for baldring , r. bantring . p. . l. . for danaeus , r. alsted . p. . l. . for of the intolerable , r. of the so call'd intolerable . p. . l. . for ten , r. nineteen . p. . l. . for conculcabis , r. ambulabis . p , . l. . after to be , r. look'd on by many as . p. . l. . for that queen , r. that by queen . p. . l. . for and the , r. any suppos'd . p. . l. . for the conjuncture , r. a conjuncture . p. . l. . for will , r. may . p. . l. . for great late accession , r. great accession . p. . l. . for particulars r. peculiars . p. . l. . for the spanish , r. of the spanish . ib. l. . for of reason r. of his reason . p. . l. . for ground under the subscription , r. groan'd under the superscription . p. . l. . after his name one , dele and. p. . l. . for doing with , r. doing which . p. . l. . for that restoration , r. the restoration . p. . l. . after the words to live , add yearly . p. . l. . for , r. . p. . l. . for idolatry , r. will worship . p. . l. . after having , dele of p. . l. . for sent to petition , r. sent too to petition . ib. l. . after the word expire , dele and dy , and add by , ib. l. ult . for of many . r. of money . p. . l. . after with , begin a parenthesis , ib. l. . after the word country , dele the mark of a parenthesis , ib. l. . for namely , r. yet . p. . l. . after of , dele the colon. ib. l. . for owne , r. one . ib. l. . after on , dele that . p. . l. . after mary , add and. p. . l. . after mallem , add me . ib. l. . after for , add said he . ib. l. . after eligible , add not . p. . l. . for penetrating , r. perpetrating . p. . l. . for where , r. were . p. . l. . for ever think , r. ever thank . p. . l. . for have , r. hath . p. . l. . after the word consistory , dele the cardinals , and add those . ib. l. . after the word heretics , add were . p. . l. . after that , add the. p. . l. . for and , r. or . ib. l. . after by , dele the ▪ p. . l. ▪ after day , add cost him . p. . l. . for were , r was . for causes , r. cause . p. . l. . after to , dele be , and add her . p. . l. . after to , add some of . p. . l. after business , r. mostly . p. . l. . dele used and. ib. l. . dele when . p. . l. after interest , add of after england , add that . p. . l. . for of , r. in . p. . l. . dele subtle . p. . l. . for on , r. or . p. . l. . for lucriferous , r. luciferous , for luciferous , r. lucriferous , ib. l. ult , for sunt , r. sum . p. . l. after it , dele and. ib. l. . before till , r. were . ib. l. . for prattiques , r. prattique . ib. l. . after have , r. no. p. . l. . for reliogionary , r. religionary . p. . l. . for angry , r. ayry . p. . l. . for officii , r. officio . p. . l. after men , add in p. . l. . after them , dele these words , that is to say , immediately on the king's decease . p. . l. . for custodii r. custodiri . p. . l. . for diffent , r. different . p. . l. . for metroplysical , r. metaphysical . p. . l. . for gave , r. give . p. . l. . dele the first and. p. . l. . for lutheran , r. calvinian ▪ p. . l. ult . for haeredes , r. haereditates . p. . l. . after in , add sese volvitur , and dele se convertitur . p. . l. . for all , r. any . p. . l. . dele that . a declaration of the lords and commons assembled in parliament, for the appeasing and quieting of all unlawfull tumults and insurrections in the severall counties of england and dominion of wales. / die veneris septemb. . ordered by the lords and commons assembled in parliament, that this declaration shall be forthwith printed, and afterwards published in all market-townes, parish-churches, and chappels, within the kingdome of england and dominion of wales, and especially in the county of essex. ; j. brown cler. parliamentorum. england and wales. parliament. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing e a). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e a estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a declaration of the lords and commons assembled in parliament, for the appeasing and quieting of all unlawfull tumults and insurrections in the severall counties of england and dominion of wales. / die veneris septemb. . ordered by the lords and commons assembled in parliament, that this declaration shall be forthwith printed, and afterwards published in all market-townes, parish-churches, and chappels, within the kingdome of england and dominion of wales, and especially in the county of essex. ; j. brown cler. parliamentorum. england and wales. parliament. browne, john, ca. - . [ ] p. printed for j. wright., london, : septemb. . . reproduction of original in the henry e. huntington library. eng great britain -- history -- civil war, - . great britain -- politics and government -- - . a r (wing e a). civilwar no a declaration of the lords and commons assembled in parliament, for the appeasing and quieting of all unlawfull tumults and insurrections in england and wales. parliament a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion a declaration of the lords and commons assembled in parliament , for the appeasing and quieting of all unlawfull tumults and insurrections in the severall counties of england and dominion of wales . die veneris septemb. . ordered by the lords and commons assembled in parliament , that this declaration shall be forthwith printed , and afterwards published in all market-townes , parish-churches , and chappels , within the kingdome of england and dominion of wales , and especially in the county of essex . j. brown cler. parliamentorum . london , printed for j. wright . septemb. . . die veneris septem. . a declaration of the lords and commons assembled in parliament . the lords and commons having lately sent sir thomas barrington , and m. grymston into the county of essex , for the appeasing and quieting of divers assemblies of people gathered together in great bodies , who had much damnified the houses , and taken the goods of divers persons without law or other authority ; and having received a report from sir thomas barrington being returned , that the people upon the first knowledge given them that the parliament required they should forbeare the searching of any houses for armes and ammunition , or the taking goods out of any house otherwise then is or shall be directed by the parliament , or without the assistance of some of those persons who are by both houses of parliament declared that they ought to be present ; the people did thereupon presently yeeld obedience and withdraw themselves in a peaceable manner , and as they were required , did make restitution of plate , money , and many other goods by them taken from such as were pretended popish-recusants , and other malignant persons , and that they had expressed great zeale and forwardnesse to comply with the directions of parliament for the future . the lords and commons doe declare , that they rescent the aforesaid expressions of the people , and their ready obedience , as a testimony of that dutifull affection which they beare to the parliament , and to the present service of the kingdome , and doe hereby order and declare , that all persons whosoever , that have taken either money , plate , or any other goods out of the house or houses , or from the persons of any whosoever , without the speciall command or order of both , or either house of parliament , shall forthwith restore the same to the parties from whom they were taken , or otherwise bee proceeded against , as the lords and commons shall further direct upon complaint made , and as both houses of parliament have beene , and will be very carefull to preserve the peace of the kingdome , by disarming of all recusants , and such others as shall be knowne or justly suspected to be enemies thereunto , and to the pious and good endeavours of this parliament ; and to that purpose have by a declaration passed by assent of both houses the three and twentieth of august last , expressed what persons shall be intrusted for the mannaging of that service ; they doe thereby further order and command , that no person doe presume either alone , or accompanied with others , to breake or violently enter the house of any whosoever , under colour of pretence of disarming reculants or other persons pretended to be enemies to the peace of the kingdome , without the particular command of such as are intrusted or deputed by the parlialiament ; and it is further declared , that speciall and speedy care be taken therein , for the security of the kingdome ; and particularly for the county of essex , from whom they have received so many expressions of their duty to the service of the publique , though the parliament cannot but let them know , that severall violent actions by some of them unwarrantably committed , are extreamely disallowed ; but as the lords and commons declare , that they shall be ever ready to give assistance , and protection to all such as shall obey the commands of both , or either houses of parliaments , so they do resolve , that they will inflict exemplary punishment on all such according to their severall demerits , as shall be refractory and disobedient to these their commands made known to them ; and by all good wayes , and meanes will further endeavor to bring them to a legall tryall for such their offences ; but for the incouragement of those who have beene forward , and active in the service of the common-wealth , it is thought fit to give them notice , that those eight horses taken from sir iohn lucas and brought up to the parliament by sir thomas barrington and intended by sr. iohn lucas for the strengthning of a malignant party , and are delivered by command to the lord generall to be by him imployed for the preservation of the kingdome , and the parliament hath caused the same sr. iohn lucas and m. newcomen to be committed to severall prisons ; and it is resolved that they shall be brought to their severall tryalls and receive such punishment as shall appeare to be just according to their demerits . and like proceedings shall be had against all such as shall be found disturbers of the peace of that county . finis . the prince of orange his speech, in defence of the protestant religion william iii, king of england, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing w estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the prince of orange his speech, in defence of the protestant religion william iii, king of england, - . sheet ([ ] p.) printed for g. r., london : . reproduction of the original in the bodleian library, oxford. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng great britain -- history -- revolution of -- early works to . great britain -- politics and government -- - -- early works to . - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion the prince of orange his speech in defence of the protestant religion . gentlemen , and fellow soldiers , it is not a little satisfaction to me , that having an army compos'd of so many different nations ; i do notwithstanding find them unanimously bent to maintain and prosecute , to the utmost , the cause i have now undertaken . and though by several declarations , i have ( as i believe ) sufficiently satisfied both you , and all england , of the sincerity , as well as the necessity of these my actions and designs . i shall not , however , think it unnecessary , or superfluous , briefly to repeat and summ up some things which may serve you for satisfaction , as to matters past , as well as encouragement for the future . that england , and the vnited provinces , are the two main pillars , whereon all the reformed churches of europe seem to depend , is to us rather the envy than the doubt of our adversaries now at the court of rome , and lately of england , not only to weaken , but wholly to root out even the name of protestant , each man 's private diurnal , as well as our publick annals , do sufficiently testifie ; nor is that breach made by the restless malice of our enemies ( urg'd by a late opportunity ) in the laws and liberties of these kingdoms , so effectually made up as to free us from the suspicion and fear of a more dangerous relapse . what therefore remains , but that we apply such remedies , as shall not only for the present ease us , but for the future secure us . lenitives have , to our cost , been too long thrown away on the canker'd hearts of our irreconcilable enemies . god's providence , not our swords , proving the only antidote against their poyson . the present persecution of the poor protestants in ireland , is but as a prologue to their intended miseries , had it not by providence been timely prevented : nor did the laws and liberties of the people of england , seem a sufficient sacrifice to their hungery zeal for the present , unless by methods as sophistical as their doctrine , they might bind and secure them to posterity . we have seen the corruption of judges ( those betrayers of their country , ) the oppression of the bishops ( those pillars of the church , ) the abuses of most of the great offices ( civil and military , ) private cabals , and publick grievances ; and all to promote a faction as uneasie , as contrary to all moral conversation . let us therefore , gentlemen and fellow soldiers , with courage and constancy , oppose and disarm these common disturbers of the peace of christendome . if our adversaries boast of french supplies , and irish succours ( while you are resolv'd and united in your hearts : ) i value them not ; i fear not the strength of the one ; and , i thank god , can laugh at the malice of the other . let us vigorously tread that path , which god almighty seems to have peculiarly mark'd out for us . if there be any of you that either distrust your own courages , or are dissatisfied with the cause you have undertaken , i freely give you liberty and safe conduct to your several abodes . i will my self , be both the spectator and rewarder of all your actions ; resolving to be the personal example of your courage and resolution i exhort and command you to be dutiful and obedient to your several respective commanders to forbear , on pain , of death , all fraud or pillages on the citizens ; and to be careful and vigilant in your respective posts ; and , as i believe , you are sufficiently satisfied with the justice of our cause ; so , by the help of god , ( which i chiefly exhort you constantly to pray for ) i doubt not of a happy and speedy success , as in other places , so in london . london , printed for g.r. . a full ansvver to an infamous and trayterous pamphlet, entituled, a declaration of the commons of england in parliament assembled, expressing their reasons and grounds of passing the late resolutions touching no further addresse or application to be made to the king. clarendon, edward hyde, earl of, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing c thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) a full ansvver to an infamous and trayterous pamphlet, entituled, a declaration of the commons of england in parliament assembled, expressing their reasons and grounds of passing the late resolutions touching no further addresse or application to be made to the king. clarendon, edward hyde, earl of, - . [ ], , - p. printed for r. royston, [london] : . place of publication from wing. the words "a declaration .. king" on title page are surrounded by square brackets. first leaf has royal arms on verso. text continuous despite pagination. annotation on thomason copy: "july. ". reproduction of the original in the british library. a full answer to an infamous and trayterous pamphlet. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- parliament. great britain -- politics and government -- - . - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - john latta sampled and proofread - john latta text and markup reviewed and edited - pfs batch review (qc) and xml conversion a fvll answer to an infamous and trayterous pamphlet , entituled , a declaration of the commons of england in parliament assembled , expressing their reasons and grounds of passing the late resolutions touching no further addresse or application to be made to the king . micah . . the heads thereof judge for reward , and the priests thereof teach for hire , and the prophets thereof divine for mony : yet will they leane upon the lord , and say , is not the lord among us ? none evill can come upon us . printed for r. royston . . the contents the authors method . pag. . their severall charges against the king . ib. . that his majesty hath laid a fit foundation for all tyranny , by this maxime , or principle ; that he oweth an account of his actions to none , but god alone ; and , that the houses of parliament , joynt or separate , have no power , either to make , or declare any law. p. . . the private articles agreed in order to the match with spaine , and those other private articles upon the french marriage , &c. p. . the death of king james . ib. . the businesse of rochel . p. . . the designe of the german horse , loanes , privy-seales , coat and conduct-mony , ship-mony , and the many monopolies . p. . . the torture of our bodies by whipping , cutting off eares , pillories , &c. with close-imprisonment aggravated , with the dominion exercised over our souls by oaths , excommunications , new canons , &c. p. . . the long intermission of parliaments ; and , at the dissolution of some , how priviledges have been broken , and some members imprisoned . p. . . the new liturgy , and canons , sent into scotland ; and the cancelling , and burning the articles of pacification . p. . . the calling , and dissolving the short parliament , and the kings proceeding after the dissolution therof . p. . . the king summoned the present parliament to have assistance against the scots : and when he found that hope vaine , he was so passionately affected to his malignant counsellours , that he would rather desert his parliament and kingdome , then deliver them to law and justice . p. . . the queens designe to advance popery , and her observing a popish fast : with secretary windebank's going beyond sea by his majesties passe after he was questioned . p. . . commissions given to popish agents for private leavies . p. . . the bringing up the northerne army to over-awe the parliament . ib. . offers made to the scots of the plunder of london , if they would advance ; or of northern counties , with three hundred thousand pounds , but to stand neuters . p. . . the businesse of ireland . p. . . the unusuall preparation of ammunition , and armes , ( upon the kings return from scotland ) with new guards within , and about whitehall ; the fire-works taken and found in papists houses ; the tower filled with new guards , granadoes , and all sorts of fire-works , morters , and great pieces of battery ; the displacing sir william balfore , and placing other officers , who were suspected by them and the whole city . p. . . the charge of treason against some of both houses , and the kings going so attended to the house of commons . p. . . a parallel between the kings proceedings against the , and the armies against members . p. . . commissions granted to the e. of newcastle , and colonel legg , for attempting newcastle , and hull : and their intelligence of forain forces from denmark . p. . . the queens going into holland , and her carrying away , and pawning the anncient iewels of the crowne . p. . . when they first took up arms against the king. ib. . breach of honour , and faith in the king for making so many solemn protestations , against any thought of bringing up the northerne army , or of levying forces to wage war with his parliament , or of bringing in forain forces , or aids , from beyond sea. p. . . they have not observed their professions made to the king , nor kept their promises to the people . p. . . . that his majesty proclaimed them traytors and rebels , setting up his standard against the parliament , which never any king of england did before himself . p. . . the setting up a mock-parliament at oxford , to oppose and protest against the parliament of england . p. . . a full relation of the first tumults . p. . . the pacification and peace in ireland . p. . the king 's severall messages , and their propositions , and addresses , for peace . p. . their bills presented to his majesty at carisbrook-castle . p. . the commons resolutions of making no more addresses to the king. p. . the conclusion : demonstrating , that they can never establish a peace to the kingdome , or any security to themselves , but by restoring the just power to the king , and dutifully submitting and joyning themselves to his protection . p. . an answer to an infamous and trayterous pamphlet , entituled , [ a declaration of the commons of england , in parliament , expressing their reasons and grounds of passing the late resolutions , touching no further addresse or application to be made to the king . ] if the nature and minds of men were not more inclined to errour and vice , then they are to truth and vertue , and their memories more retentive of the arguments and evidence , which is administred to pervert , then of those applied to reclaime them , there would be little need of composing any answer to this seditious and trayterous declaration , which consists onely of the severall infamous and scandalous imputations and reproaches ( except the odious and groundlesse discourse of the death of king james , which though they have alwaies whisper'd , they never thought fit to own till now ) which have been thrown and scattered against the king throughout their declarations and remonstrances , and is but the same calumny and treason , bound up in a lesser volume ; to every particular whereof his majesty ( whilst he was at liberty to speak for himself , and to take the pains to undeceive and inform his people ) gave full and clear answers , in his severall declarations and expresses , so that from thence all men may gather the most naturall and proper antidotes , to expell this poyson , the spirit and malignity whereof , ( it is hoped ) is so near spent , by the stalenesse and palpable unskilfulnesse , as well as malice , of the composition , that it will neither be received by , or work upon any healthfull constitutions ; yet it will not be amisse , for the information of those , who ( it may be ) have not taken the pains to read the king 's former answers and declarations ; and refreshing the memory of others , who have forgotten what they have read , to collect the answers formerly given to those particulars , with which his majesty is now charged , and to adde to those answers , what the knowledge and observation of most men who have been faithfull inquirers into past actions , with that integrity and duty that becomes subjects , may supply them with ; for which there will need no great apology , since every honest man hath a more regular and legall qualification , to vindicate his majesty from those foule aspersions , then any combination , or congregation of men , can have to traduce him with them . before any discourse be applied to the monstrous conclusions , which are made , and for the support and maintenance whereof , that declaration is framed and contrived , or to the unreasonable glosses upon his majesties propositions , and prosecution of his desires of peace and treaty , it will be the best method , to weigh and consider those particulars , upon which they would be thought to found their desperate conclusions , and in which they say , there is a continued tract of breach of trust in the three kingdomes since his majesty wore the crowne . . the first charge is , that his majesty in publique speeches and declarations , hath laid a fit foundation for all tyranny , by this most destructive maxime or principle , which he saith , he must avow , that he oweth an account of his actions to none , but god alone ; and that the houses of parliament , joynt or separate , have no power , either to make or declare any law. that which all learned christians in all ages have taught , and all learned lawyers of this kingdome have alwaies held , and acknowledged , is not like to be a destructive principle , and a fit foundation for tyranny ; and surely this assertion of his majesties hath no lesse authority ; for the first , the incomparable grotius , upon whom all learned men look with singular reverence , saies , that even samuel jus regum describens , satis ostendit adversùs regis injurias nullam in populo relictam potestatem ; which , saies he , rectè colligunt veteres ex illo psalmi ; tibi soli peccavi : because being all , ejusàem ordinis , the people owe the same obedience to these , as they did to those , though the absolute power and jurisdiction the kings of israel had , be no rule for other princes to claime by : and grotius there cites saint ambrose his note upon the same text , neque ullis ad poenam vocantur legibus , tuti imperii potestate , homini ergo non peccavit , cui non tenebatur obnoxius . the wise and learned lord chancellor egerton , in his argument of the postnati , mentions some texts in the civill law , of the great and absolute power of princes , as rex est lex loquens , and rex solus judicat de causa à jure non definita , and saies , he must not wrong the judges of the common law of the kingdome , so much as to suffer an imputation to be cast upon them , that they or the common law doe not attribute , as great power and authority to their soveraigns the kings of england , as the canon laws did to their emperours ; and then cites out of bracton , ( the chief justice in the time of king hen. . and an authentique authour in the law ) these words , de chartis regiis & factis regum non debent nec possunt justitiarii , nec privatae personae disputare , nec etiam si in illa dubitio oriatur , possunt eam interpretari , & in dubiis & obscuris , vel si aliqua dictio duos contineat intellectus , domini regis erit expectanda interpretatio & voluntas : and the same bracton in another place saies of the king , omnis sub eo est , & ipse sub nullo , nisi tantum sub deo. the ground of that excellent law of premunire in the year of king rich : . c. . and the very words of that statute are , that the crown of england hath been so free at all times , that it hath been in no earthly subjection , but immediately subject to god in all things , touching the regality of the same crowne , and to none other ; and upon that maxime of the law , that good statute against the pope , was founded . if the king were bound to give an account of his actions to any person or power whatsoever ( god excepted ) he could not be the onely supream governour of this realme , which he is declared and acknowledged to be by the oath of supremacy , which every member of the house of commons hath taken ; or if he hath not , he ought not to sit there , or to be reputed a member of parliament by the statute of eliz. c. . for the other part of this most destructive maxime or principle , that the houses of parliament , joynt or separate , have no power either to make or declare any thing to be law , which hath not been formerly made to be so : it hath been the judgment and language of the law it self in all ages , and the language of all parliaments themselves . it was the judgment of the parliament in the year of king hen. . ( remembred and mentioned by the king , in his answer to the propositions ) that it is of the kings regality to grant or deny such of their petitions as pleaseth himself , which was the forme then usuall to present those desires , which by the kings approbation and consent were enacted into laws . it was the language of the law in the year of k. h. . reported by my lord dyer , that the king is the head , and that the lords are chief and principall members , and the commons , to wit , the knights , citizens and burgesses , the inferiour members , and that they all make the body of parliament : and doubtlesse the priviledge of parliament was not in that time held so sacred a thing , when an action of debt was brought against the sheriffe of cornwall for having discharged one trewynnard , a burgesse of parliament , taken in execution during the session of parliament upon a writ of priviledge directed to the said sheriffe , and the kings bench ( where the action was brought , and the sheriffe justified ) was in those daies the proper place to judge what was the priviledge of parliament , the law being the most proper judge of that priviledge , as well as of all other rights . it is the language of the authour of modus tenendi parliamentum , who lived before the time of william the conquerour , and it is the language of sir edw. coke in the chapter of the high court of parliament , which was published by a speciall order of the house of commons since the beginning of this parliament , that there is no act of parliament but must have the consent of the lords , the commons , and the royall assent of the king : and the same sir edward coke saies , in the . p. of that chapter , that innovations and novelties in parliamentary proceedings are most dangerous , and to be refused . it is the language of the parliament in the year of king james , when to the first act that was past , they desired his majesties royall assent , without which ( they say ) it can neither be compleat or perfect , nor remaine to all posterity , &c. lastly , it is the language of this present parliament , and in a time in which they were not very modest in their pretences , for in their declaration of the of may , they acknowledge , that by the constitution of this kingdome , the power is in his majesty and parliament together , albeit they conclude in the same declaration , that if he refused to joyne with them , they will doe their work themselves without him. there is no one proposition that hath more mis-led men , then the discourse of the parliaments being the supream court of judicature , and therefore that they have the sole power to declare law ; it is confessed , that the house of peers in parliament ( for any pretence of the house of commons to judicature is groundlesse , and unreasonable , and unheard of , till within these last seven years ) is the supream court of judicature , whither any person that conceives himself oppressed by the judgment of any other court , may by writ of error remove that judgment , of which he complaines , and from the sentence of that court there is no appeale ; which his majesty well expressed in his answer to that declaration of the of may , in these words , we deny not , but they may have a power to declare in a particular doubtfull case regularly brought before them what law is , but to make a generall declaration , whereby the known rule of the law may be crossed or altered , they have no power , nor can exercise any without bringing the life and liberty of the subject to a lawlesse and arbitrary subjection : which assertion the too sad experience of all men hath evinced to be most reasonable . the truth is , that power of declaring in a particular case so brought before them , is rather a power to declare what shall be done in that case , then what the law is ; for if they reverse a judgment brought before them , and determine the right otherwise , then it hath been judged by the sworne judges , that judgement is no rule to the sworne judges to judge by , but they may in the like case without imputation of crime or error , judge as they did formerly ; which shews that the judges are the onely interpreters of the law , in their severall courts , though in these cases , removed regularly before the lords , the party must acquiesce , there being no other court to appeale to . adde to this , that there hath been in all times , that reverence to the sworne judges of the law , that the lords in parliament have alwaies guided themselves by their opinion in matters of law ; neither will it be ever found before this parliament , that the house of peers ever declared or judged the law in any particular case against the unanimous opinion of the judges , who are assistants only for that purpose ; neither is it reason that any should be thought fit interpreters or declarers of the law , but they who have studied it , and are sworne to doe it truly . and to this point , though there are multitude of examples and presidents , there shall be one only remembred : in the parliament in the year of hen. . upon the of january , the commons desired , that william de la poole duke of suffolk should be committed to prison for many treasons & other hainous crimes cōmitted by him ; the lords in parliament were in doubt , what answer to give , they demanded the opinion of the judges , their opinion was , that he ought not to be committed ; and the reason was , for that the commons did not charge him with any particular offence , but with generall slanders and reproaches ; and therefore because the specialties were not shewed , he was not to be committed : this opinion was allowed , and the duke was not committed , till a fortnight after that the commons had exhibited speciall articles against him , that he conspired with the french king , to invade the realme , &c. and then he was sent to the tower : so great respect did those times beare to the judges of the law , and so much courage had the judges then to declare what the law was . having now made it manifest , that this most destructive maxime or principle , is no new position , but agreeable to antiquity , conscience , truth , and law , and therefore not like to be a fit foundation for all tyranny ; it will not be unseasonable , to observe that these words were spoken by his majesty at the first session of parliament in the year of his reigne , and that though the matter of them hath been often since , and must be alwaies averred by him ; the very words have not been used in speech or declaration by his majesty since the beginning of this parliament , and that that very parliament continued many months after , and never in the least degree made question of them , nor hath any objection been made to them , till this new declaration of the commons , near years after , and therefore it is not probable , that they have been before mis-interpreted or censured . it may be likewise in this place fit to inform the people , what these men meane by the power of declaring law , which they are so ambitious of ; that they may know how little else they would need to destroy king and people , if they were possessed of this power , in the sense they intend ; which will best appear by the instances in which they have assumed it . the king proclaimes sir john hotham guilty of high treason , for having shut the gates of hull , and having made resistance with armed men in defiance of his majesty , which he saies is high treason by the statute of the year of edw. . c. . they declare that sir john hotham did not shut the gates against him in defiance , but in obedience to his majesty , and that the meaning of that statute is onely against those , who levyed war against the kings laws and authority ; that the kings authority is only in them ; and they only can judge of the laws ; and therefore that they who shall levy war by their authority , ( though against the personall commands of the king , and accompanied with his presence ) incur no danger by that statute : and that they who did attend his person against them , are guilty of treason within that statute . the king for the information of his subjects , remembers them of the statute made in the year of k. hen. . cap. . by which it is enacted , that no manner of person , whosoever he be , that attends upon the king and soveraign lord of this land for the time being in his person , and doe him true and faithfull service of allegiance in the same , or be in other places by his commandement in his wars , shall be convict or attaint of high treason , nor lose lands , goods , &c. they declare that by the king , in this statute , is meant the parliament . if they are told the king is supreme head and governour over all persons within his dominions , and that he is so acknowledged to be by the oaths themselves have taken , they presently declare , that it is meant of singular persons rather then of courts , or of the collective body of the whole kingdome : examples innumerable of this kind might be remembred , and the consequence needs not be pressed . that the absurdity may a little appeare , as well as the mischief , they apply this faculty of declaring to the satisfying their curiosity , and supporting their credit , to matter of right , and matter of fact , or to any purpose that may advance their designes : they intercept a letter directed to the queens majesty from the lord digby before the war began , and declare it would be dishonourable to his majesty and dangerous for the kingdome , if it should not be opened ; and thereupon with unheard-of presumption , they open and peruse the letter , her majesty being within a daies journey of them : and when the king caused sir john hotham's letters to be opened , which were intercepted after he was in rebellion , they declare , that it was a high breach of priviledge , which by the laws of the kingdome , and by the protestation we are bound to defend with our lives and fortune . one master booth , a gentleman of quality of lincolnshire , delivered a petition to the king at yorke , in which he complained of certaine gentlemen , who as deputy-lieutenants , had put the ordinance for the militia in execution in that county ; and set forth in his petition severall actions done and words spoken by them at that time , and both himself and one master scroope made affidavit before a master of the chancery , that the information in the petition was punctually and precisely true ; which petition and oath being printed , the house of commons frankly declared , that it was false ; not to speak of their declaring that the kings comming to the house of commons was a trayterous design against the king and parliament ; and that his proclamation which he published for the apprehension of those members , was false ; so that this sole power of declaring , would not stand in need of any other power to subvert the whole frame of government , and so dispose of the intire rights of prince and people according to the variety of their appetites and humour ; for they say , as some presidents of their predecessours ought not to be rules for them to follow , so none can be limits to bound their proceedings . and in truth the inconstancy and contradiction in their rules and resolutions is no lesse observable then the other extravagancy ; in their petition of the of decem. . they declared , that the king ought not to manifest or declare his consent , or dissent , approbation or dislike of any bill in preparation or debate , before it be presented to him in due course of parliament ; yet within few daies after , in the petition that accompanied the remonstrance of the state of the kingdome , they desired his majesty that he would concur with them , for the depriving the bishops of their votes in parliament , the bill for that purpose being still depending in the lords house , and then not like to passe . by the order of the of january . and many declarations after , they declared , that if any person whatsoever , shall offer to arrest or detain the person of any member without first acquainting the house , that it is lawfull for him to stand upon his defence and make resistance , and for any other person to assist him in so doing ; but in their declaration of the of november following , they deny that they had said so , and acknowledged that a member in the cases of treason , felony , or the peace , may be arrested and detained in ordine to his appearance before the parliament . there would be no end of these instances , not to speak of those , where the house of peers have declared the law one way , and the commons an other , as in the order of the of september . . the next charge is , the private articles agreed in order to the match with spaine , and those other private articles upon the french marriage , so prejudiciall to the peace , safety , laws , &c. what those private articles were , or are , is not expressed , which doubtlesse would have been , if a reasonable advantage might have been hoped from it ; all those papers being seized and perused by those , who have neither respect to the dignity of their soveraigne , or regard of the honour of their country . the articles with both kingdomes , were transacted by the great wisdome of king james , and cannot be imputed to his majesty that now is ; neither is there in one , or the other , any one article that was not in the kings power to agree to , in the manner in which he did agree ; and that neither of them were prejudiciall to the peace , safety , laws , and religion here established , is most evident , for that peace and safety were never more visible , nor the laws and religion established did ever flourish more in any age , then from the time of those articles to the beginning of this unhappy parliament , which no discourse of correspondence with rome , can hinder from being acknowledged . . the third matter objected is , a discourse concerning the death of king james , in which there is mention of a clause in the impeachment carried up against the duke of buckingham by the house of commons , in the year of this king ; & that the king came into the lords house and took notice of that charge , and said , he could be a witnesse to clear him in every one of them ; and that shortly after the parliament was dissolved , and they conclude , that they leave it to the world to judge where the guilt remaines . during the life of king james , and to the hour of his death , there was no earthly thing he took equall joy and comfort in , as in the obedience & piety of his son ; who was not more reputed and known to be heire apparent to the crown , then to be the most dutifull and pious son in the kingdome , and was never known to displease his father in his life ; the king died in the year of his age , after many terrible fits of an ague which turned to a quotidian fever , a disease usually mortall to persons of that age and corpulency of body , which k. james was of . after his death , in the year of his majesties reigne , there was a parliament called , during which time there was never the least whisper or imagination of the king's death , to be otherwise then naturall , and yet the king had many great persons in his councel , and there were more afterwards in that parliament , who did not pretend any kindnesse to the duke of buckingham ; many of whom must necessarily have observed , or at least have been informed of any arguments for such a notorious and odious practice , and would not have suffered any jealousie , that could reflect on the duke , to be untaken notice of . by that time the parliament in the year of the king began , one george eglisham , an infamous scotch-man , and a papist , having an ambition to be taken notice of as an enemy to the duke , transported himself into flanders , and from thence about the beginning of that parliament , sent over a small pamphlet in the form of a petition in his owne name to the parliament , accusing the duke of buckingham of having poysoned the marquesse of hamilton , and king james ; which pamphlet was industriously scattered up and down the streets in the city of london ; and the house of commons being at the same time incensed against the duke , in their impeachment or remonstrance against him , thought fit to insert the giving of that drink , and applying that plaister ( which was all that was mentioned in that pamphlet concerning king james ) as a transcendent presumption in the duke , as is set forth in this declaration . if they had been ingenuous , they would likewise have set forth the duke's answer to that clause , and then the people would have understood that there was nothing administred to the king , without the privity of the physitians , and his own importunate desire and command ; the applications being such , as unlearned people upon observation and experience in those known and common diseases , believe to do much good , and the learned acknowledge can doe no hurt ; and the parliament continued above a week after that answer was put in , and no one person appeared in that time to offer the least evidence concerning that clause ; and the king might very well in justice to the honour of a faithfull servant discharge his owne knowledge to free him from so horrible an imputation ; and after the dissolution of that parliament , all imaginable care was taken to examine the grounds , and to discover the authours of that suggestion ; and it is known the miserable wretch , who raised the scandal , with great penitence afterwards acknowledged his villany , and died with the horrour of his guilt . in the year following , there was another parliament summoned , which continued and sate many months together before the dukes death , and which was not more devoted to him then the former had been ; where those two gentlemen mentioned in the declaration bore great sway , and were nothing reconciled to the duke or the court , yet in all their remonstrances , not the least word of that aspersion , all men believing and knowing it to be the most groundlesse , that could be imagined . after the beginning of this parliament when the licence of talking and preaching seditiously was introduced , it was whisper'd amongst some of the chief agents for the confusion which hath since followed , that they would examine the matter of the death of king james , and shortly after the businesse of the five members , when the king was at windsor , and the two houses governed so absolutely ; this pamphlet written so long since by eglisham was printed , and publickly sold in shops , and about the streets , and a very powerfull person of that faction , with some seeming trouble in his countenance , told one of the secretaries of state , that many took the liberty abroad to discourse too boldly of the death of king james , and that he would send one to him , a clergy man , who could give him a particular information of it ; the same night the man came to him , who told him that there was a papist , who lived about london , or in the nearest part of surrey , who reported , that he could prove , that king james was poysoned ; the secretary required the informer to attend him at an houre the next day ; and early in the morning , assembled the privy councell , acquainted them with the information , and the informer ; and desired their lordships advice and opinions what should be done upon it ; the most of them were very shy in the matter , and he who had first spoken of it , and sent the informer , seemed wonderfully troubled that it was communicated so publickly ; by which it was evident he had in the intimation some designe either upon that honourable person or his master , of which he hoped to have made another use : the secretary immediately after he had received the intelligence , sent an expresse to his majesty with the account , and that he intended forthwith to impart it to the councell , since it was no hard matter to guesse what was meant by those , who were privy to it , and therefore desired his further pleasure upon it ; and finding the swaying part of the councell at that time unwilling to meddle in it , he expected the king's command , and in the mean time only sent a warrant to apprehend that papist , which could not be done without the diligence and advice of the informer , who only knew where he was , and whom he required to assist . the same , or the next day the king returned his positive and expresse command , that the lords of his councell should use all possible industry and diligence in the examination , and leave no way unattempted for the full discovery : which command was immediately delivered by the secretary to their lordships , who thereupon gave some directions , but those lords who desired to conceale them , knowing onely who the authors were , though a formall order was given for the enquiry , no further discovery was made , or any avowed discourse of it till this declaration ; it being then said privately amongst themselves , that the time was not yet come , that they might make use of that matter . this is too much to be said , upon the occasion of this most impossible calumny and scandall , which hath never , nor can make impression upon any sober honest understanding , except to beget a horrour against the contrivers of it ; and all true english hearts will so far resent it , as to expresse a detestation of the authours , who being drunk with the bloud they have spilt , and confounded with the sense of their own wickednesse , have by this last impotent act , declared , that they are at the bottome of their malice ; and that by the just judgment of god , their wits are as near an end as their allegiance ; and that they have no other stock left , but of despaire and madnesse , to carry them through their impious undertakings . . the next reproach is the businesse of rochel , and that his majesty let divers of the navy royall , and other merchant ships to be imployed against those , whom he was engaged to have assisted ; and the king's letter to captain penington , which they say they can shew under his own hand , and that hereby rochel was betrayed . though the age , quality , and education of most of those who consented to this declaration will not admit a supposition , that they knew much of the transaction of this matter , yet there are some amongst them , who might well have remembred , that there was only one ship of the navy royall ( the vantguard ) lent by his majesty to the french king , and that the same was returned long before rochel was besieged , and neer if not full two years before it was rendered ; and therefore it would not be very easie to prove , that it was lost ( much lesse betrayed ) by that action , or that the ships were imployed against those , whom his majesty was engaged to have assisted ; but because much unskilfull discourse hath been of this argument to the prejudice of the king , and many wel-meaning people have been too credulous in it , without considering that actions of that nature between great princes , are grounded upon deep reasons of state , above the apprehension of vulgar understandings ; and that the king upon this new alliance , having at the same time a warre with spaine , had great reason to gratifie france in all offices of friendship ; it may be worth the labour briefly to set down the truth of that matter , and the proceedings thereupon . about the time of his majesties marriage with the queen , the french king had many designes upon italy , and a particular difference and contest with the states of genoa , and upon conclusion of that treaty , and renewing the antient league and amity , confirmed & strengthned by this marriage , his majesty was content to lend the vantguard , and to give licence that six or seven merchant ships might be hired ( if the owners were willing ) to serve the french king in the mediterranean sea , and upon a precise promise , that they should not be imployed against those of the religion in france : accordingly the vantguard ( and no other vessell of the navy royall ) was delivered , and the merchants ships likewise hired by the french agents , with the full consent of the owners , one of which ( or one by their nomination ) commanded each ship and carried the same into france , and there themselves delivered the ships into the possession of the french. after these ships were thus engaged in the french service , and joyned to their fleet , in which were ships of warre likewise borrowed of the hollanders , commanded by hauthaine the admirall , and dorpe his vice-admirall , who it is very probable , nor their masters , were privy , or consenting to that enterprize , and with which they were much superiour to those of the religion , though the english ships had been away , they fell upon the rochel fleet , and took and destroyed many of them ; the king was no sooner informed of this , then he highly resented it by his ambassadour , and the french king excused it upon those of the religion , who , he alleaged , had without cause , broken the peace ; the duke of subese having when all was quiet , seized all the french ships at blauet , which very ships made the best part of the fleet he had now incountred and broken ; and that the king of england ought to be sensible of the injury , the peace ( thus broken ) having been made and consented to by the french king , upon his majesties earnest mediation and interposition ; notwithstanding which his majesty justly incensed , that his ships should be imployed contrary to his pleasure and the promise made to him , immediatly required the restitution of his , and all the english ships , the which was no sooner made , then to publish to the world how much he was displeased with that action , he entred into hostility with france , the chief ground of that quarrell being , that the english ships had been imployed against those of the religion , contrary to the expresse promise made that they should not be used against them , as appears as well by the manifest of the duke of buckingham , dated july , and printed since this parliament , as by the records of state of that time . let the world now judge with what colour the losse of rochel ( which as is said before hapned not till neer or full two years after the return of the english ships ) can be imputed to the king. . the fifth article , is , the designe of the germane-horse , loanes , privy seales , coat and conduct mony , ship-mony , and the many monopolies ; all which , are particularly mentioned in the first remonstrance of the house of commons of the of december , . as the effects of evill counsellours , and with a protestation in that petition which accompanied it to his majesty , that it was without the least intention to lay a blemish upon his majesties royall person , but only to represent how his royall authority and trust had been abused : and finding that the vile language and aspersions which they cast upon the king were generally censured and ill spoken of , the lords and commons afterwards in their declaration of the of may , tell the people , that if they should say that all the ill things done of late in his majesties name have been done by himself , they should neither follow the direction of the law , nor the affection of their owne hearts , which ( they say ) is as much as may be to clear his majesty of all imputation of misgovernment , and to lay the fault upon his ministers ; and then finding fault with those , who make his majesty the authour of evill counsels , they use these words , we his majesties loyall and dutifull subjects , can use no other stile , according to that maxime of the law , [ the king can doe no wrong : ] but if any ill be committed in matter of state , the councell ; if in matters of iustice , the judges must answer for it : so that if they would guide themselves either by the good old , or their own new laws ( from which in truth they swerve no lesse , then from the other ) they have themselves answered , and declared against this article ; but since that is not currant , examine the particulars . the time when this designe is supposed to have been , was when his majesty had a war with the two greatest kings of christendome , france and spaine , and therefore if he had purposed to have drawn auxiliary forces into his service , it had been no wonder , nor more then all princes use , yet in truth , there was never any designe to bring in germane horse , only in those unquiet times when the kingdom was so much threatned from abroad , amongst other expedients , for strength and defence , such a proposition was made , or rather some discourse upon it , which the king rejected , and did never consent that it should be put in practice ; and therefore it may seem strange , that this designe should be now objected against his majesty , who alone refused and hindred it , and that balfore and dalbiere , ( who were the principall , if not the only projectors of it ) should be in such high reputation and esteem with the declarers . the loanes , privy seales , and other courses of raising money were upon extraordinary , and immergent occasions , and of the same nature , that have been in all times practiced , upon reason and necessity of state ; and monopolies are weeds , that have alwaies grown in the fat soile which long peace and plenty makes , and of that kind they may find a larger catalogue in their journall book of the year of queen elizabeth ( a time that no sober man complaines of ) then in any time since , and which was not then , nor reasonably can be imputed to the crowne , since new inventions have justly so great encouragements and priviledges by the law , that if those ministers , through whose hands such grants are to passe , are not very vigilant , it is not possible , but upon specious pretences , many things unwarrantable , of that nature , will have the countenance of the kings hand ; yet those particulars were no sooner complained of to his ma ty , then he willingly applied the remedies w ch were proposed ; & before these troubles began , passed such excellent laws for the prevention of the like inconveniences for the future , that a better security cannot be provided : so that men must think this rebellion to have been raised on the behalf of , not against those exorbitances , which without it , could never probably have been again exercised in this kingdome . and here the people cannot enough observe , and wonder , that these grievances should in this manner be objected against the king , who removed and abolished them , in a time when , and by those , who have renued and improved the same , and introduced new vexations upon his subjects in an illimited manner , and intolerable proportion . that , they should complain of a designe of bringing in german horse to enslave us ( which ( if any such designs were ) by the goodnesse of the king was frustrated and rejected ) who have actually brought in an army of all rations upon us , and have no pretence of continuing it , but that they may subdue us , dissolve the government of the kingdome , and make us slaves to their own passions and appetite . that , they should remember the king of inforced loanes , privy seales , coat and conduct mony , who ( since the same have been abrogated by him ) have by their ordinance , compelled men to lend the fifth and the twentieth part of their estates for the maintenance of their armies ; that fifth and twentieth part to be rated according to such proportion , as certain persons named by them shall assesse , and if any person shall refuse to pay the mony so assessed upon him , then collectors shall leavy it by distresse , and for want of distresse he shall be committed to prison , with such circumstances of severity and uncharitablenesse as were never exercised by any royall command . that , they should complaine of the ingrossing of gunpowder , in which his majesty did nothing but what by his legall prerogative he might do , who by their ordinance of the of april , . for the making of salt-peter , and by the other of the of febr. . for making gun-powder , have established all those clauses in his majesties commission of which there was any colour of complaint , to projectors of their owne , with so much worse circumstances , as the jurisdiction their committees exercise ( to whom appeales are to be made ) is more grievous , chargeable , and insupportable , then that was of the councell table . that , they should mention the patent of wine , which was to pay forty shillings upon the tun to his majesty , when by the ordinance of the of july , . they have laid an imposition upon it of six pounds , over and above all customes , and by the ordinance of the of october following , have authorized the vintners to sell it at as great , and some at greater prices , then was ever tolerated during the time of his majesties imposition . lastly , ( to omit the other particulars of salt , allum , tobacco , and the rest , upon every one of which they have by their particular ordinances laid much heavier taxes then was thought of in those times ) that they should reproach the king with the ship mony ( which by their own computation came not to above l . by the year ) as the compendium of all oppression and slavery , for which his majesty had a judgment in a court of law , before all the judges of england , and which was alwaies leavied by the due formes of law , and which his majesty , when he was informed of the injustice of it , frankly quitted , and did his best to pull it up by the roots , that no branch of it may hereafter grow up to the disquiet of his people , when themselves have almost ever since by that one ordinance of the of march , . imposed a weekly tax upon the kingdome of three and thirty thousand five hundred and eighteen pounds , which in the year amounts to no lesse then one million seven hundred forty two thousand nine hundred and odde pounds , to which they have since added by their ordinance of the of october , . for the relief of the brittish army in ireland a weekly tax upon the kingdome of three thousand eight hundred pounds , w ch in the year comes to one hundred ninety seven thousand six hundred & odde pounds ( as much as ever ship mony arose to ) over and above free-quarter , and all their other orders for sequestration , and twentieth part , and the cruell circumstances in the executing those and all other ordinances , against the irregular doing whereof , they will allow no appeale , to the judges , though of their own making , but reserve the intire connusance and direction to themselves . it is pity that parenthesis of the spanish fleet with a great army therein brought into the downes , . ( of which out of their goodnesse , they say , they will say nothing ) should receive no answer ; that having been often unskilfully spoken of , as it is now insinuated , as a designe against england , whereas they who know any thing , know , that fleet was bound from spaine to flanders , with mony to pay their army , and new leavied souldiers to recruit it , of which there was the greater number , because it was purposed to carry many old soldiers from thence to catalonia , but all those souldiers in the fleet were without armes , and without officers , and the fleet so far from being provided for an invasion , that in a little fight with the hollanders before the winde brought them into the downes , they had so near spent their powder , that they had a supply for their mony from london , which the king could not in honour and justice deny , the hollanders themselves offering them what powder they wanted for ready mony . . next follows the torture our bodies heretofore suffered by whipping , cutting off eares , pillories , and the like , with close imprisonment , aggravated with the dominion exercised over our soules , by oathes , excommunications , new canons , &c. by which they would have it concluded that his majesties government was full of cruelty and oppression . it is an undeniable evidence of the excellent government , sobriety , and obedience of that time , that there were not above six infamous persons , from the beginning of his majesties reigne , to the first day of this unhappy parliament , who were publickly taken notice of to have merited those corporall punishments and shame ; and of the mercy of that time , that those suffered no greater , there being not one of them who was not guilty of sedition to that degree , that by the law they were liable to heavier judgments then they underwent : and for the oathes , excommunications , ceremonies , and canons , they were no other , and no otherwise exercised , then was agreeable to the laws , and the government established ; of and for which , the sects , schismes , and heresies , the dissolutenesse , profanenesse and impiety , which have followed that since blessed order hath bin discountenanced and suppressed , hath made a fuller and more sensible vindication , then any discourse can doe . and here the people will again take notice , that these judgments and proceedings ( which alwaies passed in due form of law , in courts of justice , and in which no innocent man can pretend to have suffered ) are objected against the king , by those , who without any colour of jurisdiction , but what themselves have assumed and usurped , in stead of inflicting any ordinary punishment , take away the lives of their fellow subjects , who have not trespassed against any known law , and imprison others , with such unusuall circumstances of restraint , cruelty , and inhumanity , that many persons of reputation , integrity and fortunes , being first robbed and spoiled of all their estates , for not conforming themselves to the wickednesse of the time , have perished in prison , and very many of the same condition are like to doe so for want of such nourishment , as may satisfie nature ; and whosoever compares the good old oaths formed and administred by lawful authority , to every clause whereof the consciences of these very men have seemed fully to submit , with the oathes and covenants injoyned by themselves , will have reason to conclude mens soules were never in so much danger of captivity , and that what the worst men underwent for their notorious crimes in the time of which they complain , was recreation and pleasure , to what all are now compelled to endure for being honest and conscientious men . . the long intermission of parliaments is remembred , and that at the dissolution of some , priviledges have been broken , and that followed with close imprisonment and death . that long intermission of parliaments was graciously prevented and remedied for the future long before these troubles , by his majesties consent to the bill for trienniall parliaments , and the people would think themselves very happy , if they had no more cause to complain of the continuance of this , then of the former intermission , they having during those twelve years injoyed as great a measure of prosperity and plenty , as any people in any age have known , and an equall proportion of misery since the beginning of this : for the breach of priviledge , and imprisonment of members , the lawes were open for all men to appeale and have recourse to , and that single person that died under restraint , suffered that restraint by a judgment of the kings bench , so that if there were any injustice in the case , it cannot be charged upon his majesty . . the scene is now removed into scotland , and the new liturgy and canons with what succeeded thereupon makes up the next charge , aggravated with the cancelling and burning the articles of pacification which had been there made upon the mediation of the lords . if the king had not been so tender of the act of oblivion in the treaty of pacification between the two kingdomes , that he would not suffer any provocation to incline him to ravell into that businesse , he might easily have freed himself from all those calumnies and aspersions ; and it will be but justice and gratitude in that nation , highly to resent , that whilst all guilty men shelter themselves under that act of oblivion , his majesty ( who is the only innocent and injured person ) should have his mouth stopped by it ( which is his own expression and complaint in his answer to the declaration at newmarket ) from any reply to the reproaches cast on him in that matter ; otherwise he might easily have made it appear that that liturgy and those canons were regularly made and framed , and sent thither by the advice , or with the approbation of the lords of the councell of that kingdome ; and if the putting them in practice and execution was pursued with more passion & impatience there , then in prudence & policy was agreeable , the error was wholly to be imputed to those ministers of that kingdome , who were most proper to be trusted in it ; however , that so generall a defection , and insurrection was not in any degree , justifiable or warrantable by the laws of that kingdom , is most certain , they having no visible forme either of parliament or king to countenance them , as the army hath lately observed ; and that the pacification first made by his majesties mercy , and christian desire to prevent the effusion of the bloud of his subjects , how ill soever , was broken by them , and thereupon declined by the full advice of the lords of his councell , by whose unanimous advice the articles were publickly burned , as may appear by the record in the councell book of that transaction . . in the next is remembred , the calling and dissolving the short parliament , and the kings proceeding after the dissolution . that the calling that parliament was an act of the kings great wisdome and goodnesse , was then justly and generally acknowledged , and that it was in his owne power to dissolve it when he thought fit , is as little doubted , but that he did unhappily for himself , by false information in matter of fact , and evill advice dissolve that parliament , is believed by all men , and upon the matter confessed by himself , and that that information and advice was most pernicious , and the rise of all the miseries we have since undergone , is not denied ; and 't is therefore the more wondred at , that the charge of that guilt being part of the impeachment against two great persons , whose bloud they have since drunk , that particular was declined in the prosecution of them both ; and that though it be enough known by whose false information and instigation that unfortunate counsell was followed , extraordinary care hath been taken , that he should not be questioned for it , which , together with the excessive joy that the principall actors in these late mischiefs expressed at that sad time , gives men reason to conclude , that it was contrived by those who have reaped the fruit and advantage of the error : what the king took from his subjects by power , which he could not otherwise obtain , after that dissolution is not particularly set forth , and therefore it is very probable there was no ground for the calumny , nor indeed was any man a loser by any such act of his majesty . . thus far the catalogue reaches of the kings enormous crimes during the first sixteen years of his reigne to the beginning of this parliament , in which they confesse they proceeded with ease , as long as there was any hope , that they would comply with his majesty against the scots , and give assistance to that war ; but when he found that hope vaine , and that they began to question the authours of those pernicious counsells , his majesty discovered himself so strongly and passionately affected to malignant counsellours , and their councells , that he would sooner desert and force the parliament and kingdome , then alter his course , and deliver up his wicked counsellours to law and justice . there are not so many years expired since the beginning of this parliament , ( though it hath been a tedious age of misery and confusion ) but that all mens memories will recollect and represent to them the folly and the falshood of this charge : it is not imaginable that the king could expect after the beginning of this parliament , that it would comply with him and give him assistance in a war against the scots , when he plainly discover'd , that they who were like to be , and afterwards proved , the chief leaders , and directors in that councell , were of the same party ; and how far he was from sheltring any counsellour or servant from justice , or any colourable proceeding of the law , is as well known : neither did he deny his royall assent to any one bill , till after he was by force & tumults driven from white hall , and after he had indeed consented to whatsoever could be honestly asked of him for the security and benefit of the kingdome . . the queen is too near his majesty not to bear a part and a share with him in these calumnies , and therefore her designe to advance popery is remembred , and her observing a popish fast , with secretary windebanks going beyond sea by his majesties passe , after he was questioned by the house of commons . what that designe of her majesty was for the advancement of popery , is not particularly mentioned , and therefore no answer can be given to it , and having expressed so much undutifulnes & malice to her majesty , throughout the whole course of their rebellion , it is not probable they have concealed any thing they could lay to her charge ; for the fast observed by her , it is well known that the time of it , was when the king was in the field , and his person liable to much danger , which piety and devotion was very agreeable to her goodnesse and exemplar affection towards her husband ; and the kingdome would think it self abundantly blessed , if the fasts since observed by these men had produced no worse effects , then that did , w ch was observed by her m ty , for s. windebanke , the house of cōmons had it in their power to have proceeded against him , & to have prevented his escape , he being in the house , and according to order withdrawn into the committee chamber , after the report was made , and after as much appeared against him , as was ever objected or discovered afterwards ; but the house , contrary to custome rose without proceeding upon it , and therefore his majesty might very well give him leave to dispose of himself : and the truth is , they by whom the house was then guided , were best pleased with his absence , and purposely declined the proceeding against him , when he was in their hands , thinking it easier to procure his place for one of their principall members to whom they had designed it , upon the advantage of his flight , then if he had staid to abide his triall , which for many reasons they would not have thought fit to hasten , or to proceed in . . the allegations of commissions given to popish agents for private leavies ( except they intend the collections made amongst the papists of money for the kings expedition into the north , which was likewise amongst , and no lesse liberally complied with by the lords of the privy counsell , and the other protestants of the best quality throughout the kingdom ) or that the papists began to rise and arme themselves in the northwest of england and wales , the raising soldiers under pretence for portugal , and the seizing of the tower , are so stale , vaine , and ridiculous , that ( though upon the first contrivance of them , the fame served the turn of the contrivers , mens observation and knowledge having since informed them , that there was nothing like either of them ) there needs no further answer to them . . the next article is , the great caball for bringing up the northerne army to over-awe the parliament , the chief part of which they can prove ( they say ) to come from himself to the maine actors , though the king did so often and solemnly dis-avow it , as nothing but loose discourses of a modest petition , which also vanished two or three months ( he saith ) before they knew of it . they doe well to except against the kings positive denying it , when they have onely their owne confident and positive affirming it for proof ; but they had need suppresse and burn all his majesties declarations and answers , in which he hath abundantly satisfied the world in this particular , as well as they restrain his person , and as they have concealed all those depositions taken by themselves in this argument , which would manifest clearly , that there was no such designe by his majesty , so they need recall all those they have already published , if they desire to have that designe believed . the king in his answer to the declaration , presented to him at newmarket , uses these words , we cannot without great indignation , suffer our self to be reproached , to have intended the least force or threatning to our parliament , as the being privy to the bringing up the army , would imply , whereas we call god to witnes we never had any such thought , or knew of any such resolution concerning our late army ; and afterwards his majesty in his declaration of the of august ( a declaration that never was offered to be answered ) at large set forth all he ever knew of that businesse , or which upon exact inquiry he could imagine to be in it , by which it plainly appears , that some officers of the army , ( of very good and confessed reputation for their affection to their country ) observing the strange petitions every day presented to the house of commons against the established laws and government of the kingdome , and the unlawfull manner in the delivering those petitions , by thousands of disorderly persons in tumults , supposed , that a petition of a most modest and dutifull nature from the whole army , for the composing and setling all grievances in the church and state by law , might for the reason of it prevaile with the whole house , and coming from such a body , might confirm those , who might be shaken with any fears of power or force by the tumults ; and his majesty being made acquainted with this proposition , gave his full approbation to it , which he had great reason to do , since as there was notable industry used to corrupt his army , and to make it applicable to the ill purposes then resolved on ; so pains was taken to perswade the people , that it was in truth very indevoted to the king , and ready to serve the parliament any way it should direct ; and ( as his majesty saies ) if in the managery of this debate , any rash discourses hapned of bringing up the army , it is evident whether they were proposed in earnest or no , that they were never entertained , and the whole matter was laid aside , above two months before any discovery , so that that danger was never prevented by the power or wisdome of parliament . it appears by the evidence and depositions published by themselves , by the order of the of may , . together with that declaration , that this dangerous plot began without the least privity of the kings , upon some officers taking offence & dis-like , that of fifty thousand pounds ordred for payment of the kings army , ten thousand pounds was taken by an after order out of that summe to satisfie a new motion and importunity from the scots : and that those officers upon that distast discoursed , that they were disobliged by the parliament , and not by the king , and thereupon concluded to tender their services to his ma ty in all things honourable and agreeable to the fundamentall laws of the kingdome ; that in debates afterwards together , mention was made of bringing up the army to london , and making sure the tower ; and as soon rejected , as proposed ; and onely proposed ( as their evidence saies ) to shew the vanity and danger of other propositions : and that when the king was made acquainted with it , he said , those waies were vain and foolish , and that they should think of them no more . that the petition it self , which his majesty approved , was not above the size of petitions , and very much modester then any one petition received by the authors of this declaration with approbation , appears by the petition it self to be read in the pag. of the vol. of the collect. of ord. published by themselves , which being directed to the two houses , as well as to the king , took notice of the seditious tumults , which they said , had beset the parliament and white-hall it self , not onely to the prejudice of that freedome , which is necessary to great councells and judicatories , but possibly to some personall danger of his sacred majesty and peers , and therefore desired that the ring-leaders of those tumults might be punished , and that his majesty and the parliament might be secured from such insolencies hereafter ; for the suppressing of which they offered themselves to wait on them , if they pleased , which hath not been since thought so unnaturall a security , an army being since called up and kept about them , upon the same pretences , to the same purpose , of which more must be said anon : and for the strangeness suggested , that three gentlemen should flee beyond sea upon discovery of a modest petition , it is no wonder , when men were every day imprisoned , ruined , and destroyed upon the most triviall discoveries , and unreasonable conjectures and apprehensions , that men desired to avoid their judgment , ( who had it in their power to put what interpretation they pleased upon any discovery , and to inflict what punishment they thought fit upon such interpretation ) or that the king contributed his allowance to remove his servants from such a tribunall . it is a wonderfull presumption these men have upon the credulity of the people , that they will not examine the truth of any thing they alleage , how easie soever it is to disprove them ; otherwise they would not affirme that at the meeting of officers at burrough-bridge , propositions were made , and private instructions brought from the king , whereas it appears , by their own evidence , that capt. chudleigh , who is supposed to have brought those propositions thither ( and what they were , appears not ) did not receive those propositions from the king ; and that when he kissed the kings hand , his majesty spake not a word to him of those propositions , which without doubt he would have done , if he had been privy to , or expected any thing from his agitation , it being not alleaged that there was any other officer of the army at that time so immediatly imployed or trusted in that agitation : and as there hath not been the least colourable evidence in any of the depositions then or since published , which can reflect upon the king ; and as there is much in master goring's second examination , and other depositions , suppressed by them , which if produced , would manifest that there was never any such designe , as is suggested ; and that to the very communication concerning it , the king was not any way privy , and dis-liked it when he heard of it . so it was observed then , and not a little wondred at , that capt. chudleigh , who was the principall person imployed , and who confesses in his examination of the of may , that he used all his power to incense the army against the parliament ; and to kindle a zeale in them towards the king , was so far from being in disfavour with them , that he was immediately imployed by them into ireland , and afterwards re-called thence , and trusted in the second , if not the first command in the west against the king , which they would not have done , if he had been in that manner first engaged by his majesty . for the discourse of the prince his meeting the army , with the earle of newcastle and a body of horse , it is proved to be by a private major in the army , who had not only any relation to the king , but at that time had never spoken word with his majesty in his life , and had no more ground , then the other of the designe , for some french to seize on portsmouth , which is so ridiculous , that it needs no other answer then repeating it . . the offers made to the scots of the plunder of london , if they would advance , or of four northerne counties , with three hundred thousand pounds or iewels of great value , but to stand newters in that designe , is another impossible branch of this charge , for which there appears not the least pretence of proof in any thing published by them , ( and they have not been tender of publishing all they know , or imagined ) but that master oneale asked sir jacob ashly , what if the scots could be made newtrall ? it is not imaginable that the king knew not the temper of that time , ( which he so grievously felt ) well enough , to conclude that the parliament and the scots were too fast combined , to be sever'd for any interest of his ; and the offer of four northern counties , ( a thing so confessedly out of the king's power to give ) is so senslesse a calumny , that no man , out of the highest fit of madnesse can believe it , and they to whom this offer is supposed to be made , would in all this time have accused the king of it , if they had been able to justifie any thing like it . however it is to be observed , that though these men hold these imaginable overtures and designes to be very hainous crimes in the king , they reckon the reducing such designes into reall and compleat execution , no offences in themselves ; and that though the king may not wish his subjects of scotland to stand newters in the differences between his majesty and his english people , yet it is no fault in them to engage that nation to assist them in armes against the soveraigne of both kingdomes ; and though a cursory discourse by other men of bringing up the army to awe the parliament , be alleaged as a breach of trust against the king never to be forgotten , yet the actuall bringing up an army upon them , and thereby awing it so far , as the driving away many members , and making those who remained do any thing that army directs , is no offence in them , either against the freedome or priviledge of parliament . to that clause his majesty not being perswaded by their petitions to defer his journey into scotland , in the year . there needs no answer , then the remembring his majesties owne words in his declaration of the . of august , which are these : we gave them warning that if there were any more good bills , which they desired might passe for the benefit of our subjects , we wished they might be made ready against such a time , when we resolved , according to our promise to our scotch subjects ( with which they were well acquainted ) to repair into our kingdome of scotland , to settle the unhappy differences there ; upon this we were earnestly desired by both our houses of parliament to defer our journey thither , as well upon pretence of the danger , if both armies were not first disbanded , as that they had many good lawes in readinesse for the setling of differences here , we were by their intreaty perswaded to defer our journey to a day agreed on by themselves , &c. which relation at large of what followed , may satisfie all men of his majesties extraordinary complyance ; and when he went , he left such a commission behind him , as was agreeable to law , and sufficient to prevent any inconveniences which might arise in his absence ; whereas , that desired by them ( being to consent to all acts they should passe before he returned ) was so monstrous , illegall , and unheard-of , that they were themselves ashamed to presse it farther , and rested satisfied , with that which his majesty granted ; nor does it appeare that there was in any time before , any issued out by the means of secretary windebanke of a larger extent ; or that was not agreeable to law , and the policy of that time . . now succeeds the high charge of the businesse of ireland , as if they hoped to perswade the people , that the king is accessary to a treason and rebellion against himself ; and that in a time when there were so great distractions in two of his kingdoms ▪ he should himself put the third into a flame , that so he might have none to help him , to quench the fire that was kindled in the other ; the particulars out of which this grand charge is compounded shall be severally examined . they who have used no kind of conscience or civility in the publishing all letters of his majesties , ( by what ill means soever the same have come into their hands ) which they imagined might by the simplicity and weaknesse of the people , or the most malitious glosses and interpretations they could put upon them , beget any prejudice to his majesty , cannot be imagined now to conceale any thing that would contribute to their purpose , and therefore their not publishing those letters , which they say the king sent into ireland by the lord dillon , immediately before the rebellion , is argument sufficient , that either there were no such letters , or nothing in them , which can in any sense reflect upon his majesty ; nor can it find credit with any ( not malitiously and stupidly sottish ) that after so many reiterated infusions into the people by their severall declarations that the rebels of ireland avowed , that they had a commissiion under the great seale of england for what they did ; it is now inverted into a commission under the great seale of scotland , sealed at edenburgh when the king was last there ; when it is knowne he could no more have affixed that seale ( in whose hands soever it was ) to any such instrument , ( if he had had the will , which no christian believes he had ) then he can now dispose of that at london , of which commission , the world should long since have been informed by the scots , if they could have found a probable ground for the suggestion : and surely these men would have published the depositions of those , who ( they say ) have seen it , if they had believed them such , as would find credit amongst men . what was promised to the irish committee at london , is like to be much better known to the authours of this declaration , then to his majesty , the greater part whereof being papists , and since active rebels , having during their stay in london , so great an interest in the powerfull and active members there , that they were able to prevaile with them to interpose in the affairs of that kingdome in such manner as they desired ; and very probably then laid the foundation , and designe of their future rebellion , upon the principles they then saw introduced and countenanced here : by the earnest advice , and importunate interposition of some of those principall members , they prevailed , that after the death of the lord deputy wansford , no such person might be appointed temporarily to succeed , as was like by his power and vigilance to prevent the wickednesse they intended ; and if the king gave away , or promised them more then five counties , it was not upon their private mediation , but their publique addresse according to their instructions from the parliament , after the house of commons had made the recovery of , and intit'ling his majesty to those counties , a particular article of their impeachment against the earle of strafford , and so blemished his majesties just and legall interest , and what his majesty did thereupon , was by the full and deliberate advice of his councell board , according to usuall forms observed in the affairs of that kingdome : it is very probable that his majesty might think himself at that time oppressed by the two houses of parliament , as he had great cause , but that he should expresse so much , and wish that he could be revenged on them , to , or before that committee , whom at that time he had reason to believe to be combined with the other , is more then very unlikely . the not disbanding the irish army is next remembred , and indeed ought not to be forgotten ; the not seasonably disposing that body , giving ( no doubt ) a great rise , and contributing much to the rebellion , that shortly after brake out ; but where the fault of that was , is as evident . that army was justly and prudently raised , when the intention in scotland was clearly known to invade england , and with a purpose to restraine or divert that expedition , and if need were , to reduce that kingdome to their allegiance , which was the sense , and could be no other of those words charged upon the earl of strafford , if any such words were spoken : and after the scots army was entred england , it was no wonder if the king were not forward to disband that army , till he could discerne that the other did in truth intend to return , and he no sooner was confident of the one , then he resolved the other ; but then he wisely considered that the disbanding such a body at that time , when so much licence was transplanted out of this , into that kingdome , was not so like to contribute to the peace of it , as the transporting them ; and therefore his majesty agreed with the spanish ambassadour , that he should have leave to transport three or four thousand of them for his masters service , which was no sooner known , but the irish committee then at london ( who , it may be , had otherwise design'd the service of those men ) prevailed with the house of commons to interpose , and hinder the execution of that agreement , who ( principally , upon consideration of the umbrage the crowne of france might take at such an assistance given to spaine ) pressed the king to revoke that grant , and to consent to the disbanding ; that objection was easily answered by his majesty , having agreed likewise with the french ambassadour , that the like number should be likewise transported for france , whereby the whole army , would have been disposed of ; against which the irish committee more pressed then against the other , alleaging that there were not men in that kingdome to spare : whereupon , the house of commons ( by their private agents ) prevailed with the french ambassadour ( who more desired to hinder the supply for spaine , then to procure the like for his master , and it may be , to see the king controlled by the parliament then either of the other ) to release the king of his promise to him , so that they would prevent the spaniard's having any men ; and thereupon they re-inforced their importunity to the king for the present disbanding , and not sending any of that army out of ireland in such a manner , as his majesty was forced to yeild to it ; and thereby ( no question ) much was contributed to the opportunity and disposition of rebelling ; and to whose account that advantage is to be put , all the world may judge : yet it may be fit to observe , that of that irish army ( which these men would have believed to be no lesse then a stratagem against the protestant religion ) not one officer above the quality of captaine , and not above two of that condition , have served in that rebellion in ireland against the king. in all rebellions the chief authors and contrivers of it have made all fair pretences , and entred into such specious oaths , as were most like to seduce and corrupt the people to joyne with them , and to put the fairest glosse upon their foulest combination and conspiracy , and therefore it is no wonder , if the rebels in ireland framed an oath by which they would be thought to oblige themselves to bear true faith and allegiance to king charles , and by all meanes to maintain his royall prerogative , at a time when they intended nothing lesse ; and owen connelly ( who was the first happy discoverer of that rebellion ) in the same deposition , in which he saies the rebels would pay the king all his rights , saies likewise , that they said , they took that course to imitate scotland , who got a priviledge by it : and marke paget in the same examination , in which he saies , that the rebels report that they have the kings warrant and great seale for what they doe ; saies likewise , that they threaten , that as soon as they have rooted out the brittish and english there , to invade england , and to assist the papists in england : and therefore it is a wonderfull thing , that what they sweare , or what they say , should be imputed to him , against whom they have rebelled and forsworn themselves . the authours of this declaration have ( besides their oaths of allegiance and supremacy ) in the protestation of the . of may , sworn , that they would maintaine and defend the kings royall person , honour , and estate ; and shortly after would perswade the people , that they were by that very protestation obliged to take up armes against him ; in their declaration of the . of may , they used these words , the providing for the publique peace and prosperity of his majesty and all his realmes , we protest in the presence of the all-seeing deity , to have been , and still to be the only end of all our counsells , and endeavours , wherein we have resolved to continue freed and enlarged from all private aymes , personall respects , or passions whatsoever : and the very next day voted , that he intended to make war against his parliament , and that whosoever should serve or assist him were traytors by the fundamentall laws of the kingdome , and ( upon that conclusion of his intention ) actually leavied an army , and marched against him . in their petition of the . of june , they tell him , that they have nothing in their thoughts , and desires , more pretious and of higher esteem ( next to the honour and immediate service of god ) then the just and faithfull performance of their duty to his majesty , and together with that petition , present the . propositions to him , by which they leave him not so much power in his kingdome , as the meanest member of either house reserves to himself . lastly , ( to omit infinite other instances ) in their instructions of the . of august to the deputy lieutenants of cheshire , they required them to declare unto all men , that it had been , and still should be , the care and endeavour of both houses of parliament to provide for his majesty , that they doe not , nor ever did know of any evill intended to his majesties person , when the only businesse and end of those directions and instructions were to raise that whole county against him ; so that this clause of the rebels oath in ireland , is no more to be objected against the king , then those other clauses in their own oaths and declarations , which they have not yet charged his majesty withall . concerning the proclamation against the rebels in ireland , which they say , they could not obtaine in divers months , and then that but copies were printed , and expresse order given that none should be published till further directions : hear his maj. own full answer to that charge in his answer to the declaration of the . of may , in these words , 't is well known that we were , when that rebellion brake forth , in scotland , that we immediatly from thence recommended the care of that businesse to both houses of parliament here , after we had provided for all fitting supplies from our kingdome of scotland , that after our returne hither , we observed all those formes for that service , which we were advised to by our councell of ireland , or both houses of parliament here ; and if no proclamation issued out sooner , it was because the lords justices of that kingdome desired them no sooner ; and when they did , the number they desired was but twenty , which they advised might be signed by us , which we for expedition of the service commanded to be printed ( a circumstance not required by them ) and thereupon signed more then they desired : so that it is an impudent assertion , that they could not obtain a proclamation in divers months , when they never so much as desired or moved it ; and it was no sooner moved to the king , but he gave order in it the same houre . but it will not be amisse , ( since this particular hath bin with so much confidence , and so often unreasonably objected against his majesty ) to speak somewhat of the custome and order usually observed in sending proclamations into that kingdome , and of the reason why so many , and no more were at that time sent : except upon any extraordinary reasons , the king never signes more then the first draught of the proclamation , fairly ingrossed in parchment , which being sent to the lord deputy , or lords justices in ireland , is there printed , and the printed copies dispersed , as they are in england ; his majesties signe manuall being not to any of those copies : the lords justices and councell , taking notice of the rumour industriously spread amongst the rebels that they had the kings authority for what they did , which might get credit amongst some ; desired , that they might have twenty proclamations sent over signed by the king's signe manuall , to the end , that besides the printed copies , which they would disperse according to custome , they might be able to send an originall with the king's hand to it , to those considerable persons , whom they might suspect to be misled by that false rumour , who when they saw the king 's very hand , would be without excuse if they persisted : this letter and desire from the lords justices and councell , was communicated at the councel board , and the resolution there taken , that they should have double the number they desired , signed by the king ; and because the ingrossing so many copies would take up more time , directions were given for the printing forty copies , all which were signed by his majesty , and with all possible speed dispatched into ireland ; and the caution that there should be no more printed , then were sent away thither , was very necessary , left the rebels , by having notice of it , should find some device , to evade the end , for which they were sent , and be prepared to defend their old , or raise some new scandall upon his majesty ; besides that there was no imaginable reason , why any more should at that time be printed in london . what was written from court to the lord muskery , that his majesty was well pleased with what he did , cannot reflect upon his majesty , nor had the person who is supposed to have written such a letter ( whom they have in former declarations declared to be the lord dillon ▪ & who expresly denied the ever writing any such letter ) any place or relation at court , and the king had good reason long after to write to the marquesse of ormond to give particular thanks to muskery and punket , they having bin both at oxford , imployed by the irish to his majesty during the cessation , and having made there such professions of their endeavours to reduce the other to reason , as might merit his majesties thank and acknowledgment , which his majesty hath been as forward to give to such of the rebels here , as have expressed any moderation or inclination to return to their obedience , and yet he was never well pleased with what they have done , nor can give them thanks for it . for the delaying and detaining the earle of leicester , beyond all pretence from going against the rebels , it is wel known how often his majesty pressed the houses , that he might be dispatched and sent away , and that it was one of the reasons , which his majesty gave in his answer to the petition of both houses of the . of april , of his resolution to go in person into ireland , because the lord lieutenant on whom he relied principally for the conduct and managing of affairs there , was still in this kingdome notwithstanding his earnestnesse expressed , that he should repair to his command ; after which , it was neer three months before any preparation was made for his journey , and then about the end of july or beginning of august his lordship came to the king at yorke , to receive his instructions , pretending to have his dispatch so fully from the two houses , that he would return no more thither , but as soon as he could have his majesties command , he would immediately to chester , and imbarke ; this being about the time that the king was preparing forces for his defence against the earle of essex ; the earle was detained about a month before he could receive his instructions , and all those dispatches that were necessary , and then he took his leave of his majesty , with profession of going directly to chester , but either by command or inclination , that purpose was quickly altered , and his lordship returned to london , where he was detained full two months longer , and then was commanded expresly by the houses to repair to chester , and not to wait on the king in his way , though his majesty being then at oxford , he could not avoid performing that duty , but by avoiding the ordinary road ; when the king heard of his being at chester , where he expected the ships that were to transport him above three weeks , and that there was no other force in readiness to be sent with him , but his own retinue , those regiments of foot and troups of horse which had been raised for that service having been imployed against his majesty at edge-hill , and being still kept as a part of the earle of essex his army , and that there were none of those provisions or mony to be now sent over , which had been importunately desired by the councell of that kingdome , his majesty considered that the rebels , having been kept in some awe , with the apprehension of the lord lieutenant's comming over with all such supplies as were necessary to carry on the war , ( the assurance whereof had likewise kept up the spirits of the protestants there ) if he should now arrive there in so private a manner , without any addition of a strength , or provision for the supply of that strength that was there , it would bring at the same time the greatest affliction , and dis-heartning to his protestant subjects that could be imagined , and an equall incouragement to the rebels , and therefore his majesty sent for him to oxford , till he might receive better satisfaction from the houses concerning their preparations for that kingdom : so that by whom the earle of leicester was delaied and detained , the world may judge . the kings refusall of a commission for the lord brooke and lord wharton , hath been long since answered by his majesty , the truth of which answer was never yet denied , or replied to ; that the forces to be under their command , were raised before his majesties commission was so much as desired ; and then the commission that was desired , should have been independent upon his majesties lieutenant of that kingdome , and therefore his majesty had great reason not to consent to it : and how reasonably those persons were to be trusted with such a command , may be judged , by their bringing those very forces which were raised for the relief of the poor protestants of ireland , against the rebels there , to fight against the king at edge-hill within a very short time after those commissions were desired . they say they have long since named divers papists and persons of quality , that by the kings speciall warrants after the ports were shut by both houses of parliament passed hence , and headed the rebels , when they wanted commanders ; examine the truth of this , which all men who will take the pains may be judges of . his majesty taking notice of the effect of this charge , to be spoken by master pim at a conference with the lords about the beginning of february , . ( the speech being printed ) by his message of the . of that month to the house of commons , required to know whether such a thing had been said , and if so , upon what ground , his majesty being sure he had used all caution in the granting of passe-ports into ireland . the commons answered , that the speech delivered by mr. pim , was agreeable to the sense of the house , and that they had received divers advertisements concerning severall persons who had obtained his majesties immediate warrant for the passing into ireland , since the order of restraint of both houses ; some of which , as they had been informed , since their comming into ireland , had joyned with the rebels , and been commanders amongst them , and some others had been staid , and were yet in safe custody , the names of whom they set downe , being all in custody , and said the particular names of others they had not yet received , but doubted not , but upon examination they might be discovered : but they said they believed it was by the procurement of some evill instruments too near his royall person , without his majesties knowledge , and intentions . the king hereupon replied , that the persons named to be under restraint , made not good the assertion in that speech ; besides that , their passes were granted by his majesty at his being in scotland , long before the restraint , and being persons of whose good affections there was then no suspition ; and that he was most assured that no such person as was comprehended under that charge had passed by his warrant or privity : and then he desired his house of commons to consider whether such a generall information and advertisement ( in which there was not so much as the name of any particular person mentioned ) be ground enough for such a direct and positive affirmation , as was made in that speech , which in respect of the place and person , and being acknowledged to be agreeable to the sense of the house , was of that authority , that his majesty might suffer in the affections of many of his good subjects , and fall under a possible construction ( considering many scandalous pamphlets to such a purpose ) of not being sensible enough of that rebellion , so horrid and odious to all christians , by which in this distraction , such a danger might possibly insue to his majesties person and estate , as he was well assured his house of commons would use their utmost endevours to prevent ; and therefore his majesty said , he expected that they should name those persons , who by his licence had passed into ireland , and were there in the head of the rebels ; or that if upon their examination they did not find particular evidence to prove that aspersion ( as his majesty was confident they never could ) as that affirmation which did reflect upon his majesty was very publick ; so they would publish such a declaration whereby that mistake might be discovered , his majesty being most tender in that particular , which had reference to ireland , as being most assured , that he had been and was from his soule resolved to discharge his duty ( which god would require at his hands ) for the relief of his poore protestant subjects there , and the utter rooting out that rebellion . it was above a month before the king could receive any other answer from them , and then they said , that they had affirmed nothing , but what they had cause to believe was true , and presented some of their grounds to his majesty ; one of which was , that those licences granted to the persons under restraint were apt to produce such an effect as was mentioned in that positive affirmation ; and another ground was , that his majesty could not be assured , that no other did passe upon his licence , and they had cause to believe , that some did , because they received such generall information : which reasons ( with some other of the same kind ) they said , they hoped would be sufficient to perswade his majesty to believe , that as they had some cause to give credit to the said informations , so they had no intention to make any ill use of them to his majesties dishonour , but did impute the blame to his ministers . the king replied again to that message , that there was nothing yet declared , that would be a ground for what mr. pim had so boldly affirmed , for yet there was not any particular person named , that was so much as in rebellion , much lesse in the head of the rebels to whom his majesty had given licence , and therefore . he expected , that the house of commons should publish such a declaration , whereby that mistake might be cleared . since that time to the houre of the publishing this declaration , they have never made the least addresse , or given the least information or satisfaction to his majesty in that particular , which they then said they had no intention to make use of to his dis-honour ; so that this last presumption could proceed only from a confidence that the people would believe what they said , not examine the truth of it . what they mean by the commanders and officers , whom the king ( they say ) called off from their trust against the rebels ; and ships from their guards at sea , that so the rebels might be supplied with forain aides , is not understood , except by the ships they meane those under the command of captain kittleby , and captaine stradling , who then attended the irish coast , when all his majesties fleet was seized by the two houses , and imployed against him , and whom his majesty upon that occasion , and confidence of the loyalty of the commanders , required to attend him with their ships about newcastle , or the north of england , that he might have two of his owne ships at his disposall , and at the same time ( that any inconvenience might be prevented by the comming of supply to the rebels ) his majesty gave notice to the two houses of his command in that particular , and required them to take care for the guarding of that coast , which they altogether neglected ; notwithstanding that they found meanes likewise to seize those two ships , which his majesty hoped he should have been possessed of . nor is it better understood what they mean by supplies from the earle of antrim and lord aboyne , or of armes and ammunition from the king's magazines , or from the queen , which no sober man believes , or of which no evidence or instance hath so much as been offered : some few suits of clothes in the beginning of the war were taken by the kings souldiers about coventry , when that city was in open rebellion , which they pretended were prepared for ireland , and which his majesty did what could be done to cause to be restored , but it was not possible , and was apparently their fault , that would not send for a safe conduct , when they were to passe through his majesties quarters . and how far the king was from consenting to , or approving that action , appears by his majesties expresse command ( which was executed accordingly ) for the transporting into ireland of three thousand suites of cloths , which he found provided for that service at chester , after his majesty was possessed of that city , and which had been neglected to be sent , and which no necessity of his own army could prevaile with him to seize , or divert from that necessary use for which they were provided . his maty never denied any pieces of battery desired by the councell of ireland , nor is there the least colour to affirm the same ; what directions the rebels give in their letters of mart , or whether they gave any such directions as are alleaged , is no way materiall as to his majesty ; and for officers and commanders , who left their trust against the rebels , it is sufficiently known , that the earle of leven , who by his majesties consent was sent generall of the scots into ireland against the rebels , was called from thence to lead an army into england against his majesty ; and when the king's commissioners at the treaty at uxbridge alleaged and complained , that many officers both scots and english had in the beginning of that war left that service , and been entertained by the two houses against the king , all the answer they could receive was , that they were not sent for . this being the case ( as without any possibility of contradiction it is ) these gentlemen had no more reason to believe the rebels , when they did so often swear they did nothing without good authority and commission from the king , then the rebels had to believe them , when they swore on the . of october , . that no private passion or respect , no evill intention to his majesties person , nor designe to the prejudice of his just honour and authority , engaged them to raise forces , and the next day gave his majesty battle at edge-hill : nor is it more materiall , that sir phelim oneale would not be perswaded , that generall laesly had any authority from the king against the rebels , then that these gentlemen should be perswaded in the same houre to believe that an army should be raised for the safety of the king's person , and to sweare that they would live and die with the earl of essex , whom they nominated generall to lead that army against the king. what information was given divers months before to the archbishop , and others of the kings councel , of a designe amongst the papists for a generall massacre of all the protestants in ireland and england , &c. is no objection against the king , and as the archbishop was imprisoned divers months before that rebellion brake out , so it is not like , if they had been able to have charged him with any concealment , that they would have forborn accusing him with it at his triall , when they so much wanted evidence against him , that they were faine to make his chaplains not licencing such books against popery , as they thought did discredit the protestant cause , an argument of his treason ; and they would likewise now have named the others of the king's counsell , if they could have alleaged any matter , that could have reflected upon them or their master . next follows a huddle of the kings letters to the pope , when he was in spaine , and of others since on the behalfe of the duke of lorainge , and of the king 's having an agent at rome ( which it is knowne he never had ) some months before the irish rebellion : all which are so obscurely mentioned , and so ridiculous , as to any charge against the king , that they are not worthy any answer ; yet because ( how impertinently soever ) by the licence of these times , much hath been scandalously discoursed of a letter written by the king , when he was prince , and in spaine , to the pope , and such a letter translated & printed , out of a copy published in the french mercury , it may not be amisse to say somewhat of that businesse . the prince being by the command of his father sent into spaine , to conclude a marriage with the daughter of that crowne , which had been long treated of , could not but be obliged , whilst he was there , to perform all ceremonies which were requisite to the compassing the businesse he went about ; the kingdome where he was , had a fast friendship with rome , and such a kind of dependence , that a dispensation from thence was thought necessary by the wisdome of that state to the marriage in treaty , towards the procuring whereof , though the prince would not contribute the least application of his owne , yet he was not reasonably to do any thing , which might make that dispensation the more difficult to be procured ; the pope that then was , writ a letter to the prince , which was delivered to his highnesse , by his minister there resident ; it was a letter of respect , and in the interpretation of that state , of great kindnesse ; and it would have been thought a very unseasonable neglect , if the prince had vouchsafed it no answer : on the other hand , it was easier to resolve , that it was fit to write , then what ; in the mean time , they who were officious that it might be done , prepared the draught of a letter , and brought it to him ; the which , when his highnesse had perused with his own hand , he expunged those clauses , which might seem to reflect upon the religion which he professed , and having so altered and mended it , he caused it to be sent to the pope ; copies of the first draught were spread abroad , by which that was inserted in the french mercury , ( which is so carefully translated and printed , and dispersed these late ill years ) and now is given in evidence against his majesty : but admitting it were the same , and that the prince being in a forain kingdom , ( with the policy whereof he was then to comply ) had written that very letter , which is printed , with what colour of reason can any man make that an argument of his inclination to popery , who at that time , and ever since hath given the greatest testimony of his affection to the protestant religion , that any prince or private person hath done ? the authours of this declaration , would not think it just , that from their very loving letters to the bashaw at argyers , and his to them , in which he thanks god that the agent of the parliament of england is come thither to make a peace and love betwixt them to the end of the world , as appears by the relation of that businesse fol. . published by their authority , and from the amity with them , to that degree , that they have given the turkes men-of-war the freedome of their harbours , men should conclude , that they are resolved to turn turkes , and yet such a conclusion will more naturally result from those letters , and that strict correspondence , then of the king's affection to popery from that letter to the pope . it is said that the same designe was laid in england at the same time , and that many thousands were appointed to cut the protestants throats in this kingdom also , when the king went into scotland , and that it was confessed by some of the principall rebels , that their popish committee with the king , had communicated that designe with many papists in england , by whose advice ( though some things were altered , yet ) it was generally concluded , that about the same time , there should be the like proceedings of the papists here ; all which if true , ( as no sober man believes it to be ) does no way reflect upon the king ; and that popish committee was sent more to the two houses , then to the king , and were more owned by them , who tooke speciall care for their accommodation . by what is said , it sufficiently appears , how unjust and unreasonable all the particular scandals are , with relation to the businesse of ireland , in which his majesty ( how impudently soever he hath been aspersed ) never did any , or omitted the doing any thing , but according to those rules , which are most justifiable before god and man ; it were to be wished that the two houses of parliament had but as well performed their duty , and obligations ; but it cannot be forgotten , that neer the beginning of this rebellion , when the houses pretended wonderfull difficulty to raise men for that service , and when a seasonable supply would utterly have broken and defeated the rebels , the king sent a message to them on the of december , . that his majesty being very sensible of the great miseries and distresses of his subjects in the kingdome of ireland which daily increased , and the bloud which had been already spilt , by the cruelty and barbarousnesse of those rebels , crying out so loud ; and perceiving how slowly the succours designed thither went on , his majesty himself would take care , that by commissions ( which he would grant ) ten thousand english voluntiers should be speedily raised for that service , if the house of commons would declare , that they would pay them : which offer from his majesty was rejected , and no considerable supplies sent till they had compelled his majesty to consent to such a bill for pressing , as might devest and rob him of a necessary and legall power inherent in his crowne . nor can it be forgotten , that they reserved those men , which were raised for ireland , and would not otherwise have been engaged in their service , but on that pretence , and brought them to fight against his majesty at edge-hill , and afterwards retained them still in their service ; that they imployed the mony , raised by act of parliament for the relief of ireland , and with a particular caution , that it should be imployed no other way , for the support and maintenance of that army led by the earle of essex against the king , and that from the beginning of the rebellion in england , ( though they received vast sums of mony raised only for ireland ) they never administred any considerable supply thither , that they could apply to the advancement of their owne designes at home against the king. these particulars ( of which kind every man may call to mind many more ) nor their notable compliance with the irish committee , when they came first over , are remembred , to imply that the two houses of parliament were guilty of raising the rebellion in ireland ( otherwise then by their principles , and proceedings in diminution of the king 's soveraigne power ) or that they cherished it after it was begun ( otherwise then by not wisely and vigorously endeavouring to suppresse it , before it spread so universally ) but that which may be justly laid to their charge is , their affecting and grasping the power of carrying on that war , which so great a body is not fit for ; their imprudent and unpolitique declaring an animosity against the whole nation , and even a purpose for their utter extirpation , and disposing their lands to those , who would be adventurers for it ; which act and declaration it is known drove many into open rebellion , who were not before suspected , or at least declared to be affected to the rebels ; and lastly , their giving all their minds up to the kindling that horrid and monstrous rebellion here , rather then to the extinguishing the other in ireland . . next succeeds the charge against the king , for the unusuall preparation of ammunition and armes ( upon his return from scotland ) with new guards within , and about white-hall ; the fire-works taken and found in papists houses , the tower filled with new guards , granadoes , and all sorts of fire-works , morters and great pieces of battery , the dis-placing sir william balfore , and placing other officers , who were suspected by them , and the whole city . not to speak of the entertainment they provided for the king against his return out of scotland , when in stead of thanking him for having passed so many good acts of grace and favour to them , that there was no one thing more , that the kingdome could reasonably aske from him , or requisite to make them the most happy nation of the world ; they presented him a remonstrance ( as they called it ) of the state of the kingdome , laying before him ( to use his majesties own words ) and publishing to the world all the mistakes , and all the mis-fortunes ; which hapned from his first comming to the crowne , and before , to that houre , forgetting the blessed condition all his subjects had enjoyed in the benefit of peace and plenty under his majesty to the envy of christendome : not to speak of the licence then used in language , when upon debate of some pretended breach of order , one of the principall promoters of this declaration publickly said in the house of commons , without controle , that their discipline ought to be severe , for the enemy was in view , when the king was come within one daies journey of the city ; his majesty found a band of souldiers entertained to guard the two houses of parliament , which as it had bin never known in age before in that manner , so there was not now the least visible cause for it , but that there had been a plot in scotland against the persons of the marquesse of hamilton and argyle , and therefore there might be the like upon some principall members here : upon the king's return the earl of essex resigned up the commission with which he had been intrusted by his majesty during his absence to preserve the peace of the kingdome , and thereupon that guard which was drawn together by vertue of that authority in that earle , was dissolved with it : the king came then to white-hall , and for what passed afterward , heare in his owne words , in his declaration of the . of august , great multitudes of mutinous people every day resorted to westminster , threatned to pul down the lodgings where divers of the bishops lay , assaulted some in their coaches , chased others with boats by water , laid violent hands on the arch-bishop of yorke in his passing to the house , and had he not been rescued by force , it is probable they had murdered him , crying through the streets , westminster-hall , and between the two houses , no bishops , no bishops , no popish lords ; and mis-used the severall members of either house , who , they were informed , favoured not their desperate and seditious ends , proclaiming the names of severall of the peers as evill and rotten-hearted lords ; and in their return from thence , made stand before our gate at white-hall , said , they would have no more porters lodge , but would speak with the king when they pleased ; and used such desperate rebellious discourse , that we had great reason to believe , our owne person , our royall consort , and our children to be in evident danger of violence , and therefore were compelled at our great charge to entertain a guard for securing us from that danger ; these are his majesties own words , and containe no more then is known to all men , and hath never yet been particularly denied by themselves , therefore sure the king had great reason to provide some guard for himself ; and what was that guard ? many colonels and officers of quality attended the parliament for mony due to them by the publique faith ( which to this day hath not been paid to them ) these gentlemen upon the offer of their service to the king in this exigent , were listed , and attended at white-hall to defend it against the insolency of those tumults : and the little ammunition and armes which was brought thither , was for that purpose : that the houses within few daies after raised a stronger guard for themselves , without and against the king's consent , and with that and other forces countenanced by that , drove the king from the towne , is as true and notorious to all the world . what is meant by the fire-works found and taken in papists houses , is not understood , except they intend the lord herbert's house , which being at that time mentioned and examined , was in the house of commons rejected , as an idle bruite , some of their principall members affirming they had been there , and were satisfied , that there was nothing in the practice or designe , but what was very justifiable . the tower was so farre from being filled with new guards , that there were no new guards put there , till the houses took the boldnesse to doe it ; and if the king had made any addition of strength to his own fort , it would have been no more , then he might well have done : but that the having granadoes , and all sorts of fire-works , morters and great pieces of battery ready prepared in the tower , should be objected to the king , is wonderfull , since it is the proper place , where such utensils for war are to be ; and if they had been in any other place , it might have administred some occasion of jealousie : there were no more pieces of battery prepared and mounted against the city , then had been usuall and accustomed . it was in the king 's just power to remove any man from being lieutenant of the tower , whose fidelity or affection he suspected or made question of , yet ( what just reason soever he had for either ) sir william balfore was removed with his own consent , and upon such a present recompence in mony , as himself thought an ample compensation : it is true , some factious citizens ( who were alwaies ready to be applied to any seditious action ) petitioned against sir john byron , who succeeded in that command ; and alleaged that their jealousie was such , that they were forced to forbear the bringing in of bullyon to the mint ; when in truth there was not one of those who concurred in that petition , that ever brought bullyon thither , or used thar trade ; and to use his majesties owne words , it is notoriously known , there was more bullyon brought into the mint , in the time , that gentleman was lieutenant , then in the same quantity of time in any mans remembrance : and surely it will be a great brand upon that time , and the city , to posterity , and an evidence how far they were from lodging english hearts in their brests , that they would think themselves lesse secure in sir john byron , a person of noble extraction , generous education , unblemished reputation , and a full fortune ; then of an indigent forainer , who had no other arts to live by , then those of which they justly complained , and could not serve them , without betraying his faith to his master , to whom he was particularly sworn , and ingaged by infinite obligations . hitherto they have examined only the errors and oversights , at least the lesse raging enormities of the first sixteen or seventeen years of his majesties reigne , now they are entring into the high waies , where they say , the tract of open force against the parliament and kingdom did appear more visible . . the first instance is the charge of treason against some of both houses ; and that unparallel'd act of violence by the king 's coming so attended to the house of commons , which they say was , but the prologue to a bloudy tragedy , &c. though the tale of the members did at that time serve their turne , to worke upon the un-skilfull and un-distinguishing minds of the people , and to apply them to their service , it was believed they would have now blushed to have remembred it , since as discerning-men were not at that time in any degree satisfied of their innocence : so all men by the demeanour of those members afterwards , have concluded that the king had very good reason , then , to accuse them , though it may be the act was not so happily deliberated on , as to foresee those accidents , which might disturb the progresse of it . before any thing be said of the matter it self , how far the king was from doing what was not right , it will not be amisse to look back , how far they then imputed this act to the king , which is now so principall a part of the charge against him : after his majesty had excepted against some expressions used by them of his comming to the house of commons , as if he had intended violence ; in their petition presented to him at tiballs , . of march , . they besought his majesty to believe , that the dangerous and desperate designe upon the house , was not inserted with any intention to cast the least aspertion upon his majesty , but therein they reflected upon the malignant party , &c. so that it seems the houses then were not of the same opinion these men are now of . for the matter it self , that any members of either house may be prosecuted in the same manner , as if they were not members , in the case of treason , or felony , is so known a truth , that no man ( who pretends to know the laws of the kingdome , or presidents of parliament ) ever thought the contrary , or heard the contrary said , till since the case of these members ; and the same hath been alwaies acknowledged in all parliaments , and may be said to be acknowledged by this , since the lord chief justice coke sets it down as a maxime in his chapter of the high court of parliament , which was printed by the especiall order of the house of commons , since this parliament began . that the king had reason to accuse these members of high treason , can be as little doubted , since he could make particular proof against them of a solemn combination entred into by them for altering the government of the church and state ; of their soliciting and drawing down the tumults to westminster ; and of their bidding the people in the height of their rage and fury to go to white-hall ; of their scornfull and odious mention of his majesties person ; and their designe of getting the prince into their hands ; and of their treating with forain power to assist them , if they should faile in their enterprizes ; and why the king's attourny upon these reasons might not as lawfully accuse those members of high treason , as the attourny generall in the first year of this king's reigne , did accuse the earle of bristoll upon a charge more generall , who was thereupon committed to the tower ; and why his majesty might not as well have expected , that upon his articles ( not so generall as a meer verball accusation ) of high treason , either house would have committed their severall members , as they had done so many this parliament ; and about that time , twelve bishops together ( upon a confessed ground , which every man there , who knew what treason was , knew that fact to be none ) meerly , because they were accused , his majesty ( upon occasion of mentioning this passage ) saies , he could neither then , nor yet can understand . this being the case , there remains nothing but his majesties own going to the house of commons , for which , hear his own words in his answer to the declaration of the . of may , where that matter was loudly laid to his charge : when we resolved , that it was fit for our own safety and honour , and the peace of the kingdome , to proceed against those persons , though we well know there was no degree of priviledge in that case , yet ( to shew our desire of correspondence with the two houses of parliament ) we chose rather then to apprehend those persons by the ordinary ministers of justice ( which according to the opinion and practice of former times we might have done ) to command our attourny generall to acquaint our house of peers with our intention , and the generall matters of our charge ( which was yet more particular then a meer accusation ) and to proceed accordingly ; and at the same time sent a sworn servant , a sergeant at armes to our house of commons to acquaint them , that we did accuse , and intended to prosecute the five members of that house for high treason ; and did require that their persons might be secured in custody ; this we did , not only to shew that we intended , not to violate or invade their priviledges , but use more ceremony towards them , then we conceived , in justice might be required of us , and expected at least such an answer , as might informe us , if we were out of the way : but we received none at all , only in the instant , without offring any thing of their priviledges to our consideration , an order was made , and the same night published in print , that if any person whatsoever should offer to arrest the person of any member of that house , without first acquainting that house therewith , and receiving further order of that house , that it should be lawfull for such members , or any person to assist them , and to stand upon his or their guard of defence , and to make resistance according to the protestation taken to defend the priviledges of parliament ; and this was the first time we heard the protestation might be wrested to such a sence , or that in any case ( though of the most undoubted and unquestionable priviledge ) it might be lawfull for any person to resist , and to use violence against a publique minister of justice , armed with lawfull authority : though we well know , that even such a minister might be punished for executing such authority : upon viewing this order , we must confesse we were somewhat amazed , having neither seen nor heard of the like before , though we had known members of either house committed , without so much formality , as we had used , and upon crimes of a far inferiour nature to those we had suggested : and having no course proposed to us for our proceeding , we were upon the matter onely told that against those persons , we were not to proceed at all , that they were above our reach of the law : it was not easie for us to resolve what to doe ▪ if we imployed our ministers of justice in the usuall way for their apprehension ( who without doubt would not have refused to have executed our lawfull commands ) we saw what resistance and opposition was like to be made , which very probable might cost some bloud ; if we sate still , and desisted upon this terrour , we should at the best have confessed our owne want of power , and the weakness of the law ; in this strait we put on a sudden resolution , to try , whether our own presence and clear discovery of our intentions ( which haply might not have been so well understood ) could remove those doubts , and prevent those inconveniences which seemed to be threatned : and thereupon we resolved to go in our person to our house of commons , which we discovered not till the minute of our going , when we sent out , that our servants and such gentlemen as were then in our court , should attend us to westminster , but giving them expresse command , that no accidents or provocation should draw them to any such action , as might imply a purpose of force in us , and our self ( requiring those of our traine not to come within the dore ) went into the house of commons , the bare doing of which , we did not conceive would have been thought more a breach of priviledge , then if ▪ we had then gone to the house of peers , and sent for them to come to us , which is the usuall custome . this was his majesties answer formerly to this charge , which is therefore here inserted at large , as being so full , that nothing need be added ; and it appeared by the deposition of barnard ashly , and others taken by them , that the king gave his traine expresse and positive charge , that they should give no offence or ill word to any body , what provocation soever they met with ; which depositions were carefully suppressed , and concealed , whilst they made use of the testimony of indigent and infamous fellows , to reproach his majesty , from some light and unadvised discourse , which was pretended to be uttered by some young gentlemen , who had put themselves into the traine . to conclude , it is to be observed , that though it were so high a transgression in the king , ( against whom treason can onely be committed ) to prefer such a charge against five members of the house of commons , who were called together by his writ , and accountable to him for any breach of duty , that it did absolve them from their allegiance , yet the preferring the like charge since against eleven members by the army , raised and maintained by them , and to which they were not accomptable for any thing they did , hath been held no crime ; and it may be no ill exercise for those gentlemen , who with such high contempt of that soveraigne power , to which they owed their allegiance , took delight to despise and resist his majesties just authority , now in their affliction , restraint , and banishment to consider the hand of god upon them , which hath compelled them to submit to the mercenary power raised by themselves to suppresse their king ; that though they broke through the kings article , for endeavouring to subvert the fundamentall laws and government of this kingdome , and to deprive the king of his legall power , and to place on subjects , an arbitrary and tyrannicall power : yet they could not break through the charge of the army for invading , infringing , or endeavouring to overthrow the rights and liberties of the subjects of this nation , in arbitrary , violent , and oppressing waies , and for endeavouring by indirect and corrupt practises to delay and obstruct justice , to the great damage and prejudice of divers of the poor commoners of england . though they were too mighty to be touched upon the kings accusation , of having endeavoured by many foule aspersions upon his majesty , and his government , to alienate the affections of his people , and to make his majesty odious to them ; yet they were not able to bear the burthen of an accusation of having endeavoured by false informations , mis-representations , or scandalous suggestions against the army , to beget mis-understandings , prejudices , or jealousies in the parliament against the army , and to put insufferable injuries , abuses , and provocations upon the army , whereby to provoke and put the army into dis-temper . though they slighted the king's charge of having trayterously invited and incouraged a forain power to invade his majesties kingdome of england , yet they cannot throw off the charge from the army , of having invited the scots , and other forain forces to come into this kingdome in a hostile manner , to abet and assist them in the prosecution and effecting of their designes . lastly , they may with their eyes , hands , and hearts lift up to heaven , remember how they contemned and despised the king , when he charged them , that they had endeavoured ( as far as in them lay ) by force and terrour to compell the parliament to joyne with them in their trayterous designes , and to that end had actually raised , and countenanced tumults against the king and parliament ; and now their owne army whereof very many then assisted them in those tumults to drive away the king , and the members of both houses , accuses them of having invited , incouraged , abetted , or countenanced divers reformadoes and other officers and souldiers , tumultuously and violently to gather together at westminster to affright and assault the members of parliament , in passing to and from the house ; to offer violence to the house it self ; and by such violence , outrages , and threats , to awe and inforce the parliament . as the charge allowed , and countenanced now from their owne army , is upon the matter the same , which was with so much noise and insolence rejected , when it was presented from the king , and is now objected against him as a hainous crime , so with reference to their priviledges ( which , like the logitians line , is divisibilis in semper divisibilia , and serves their turne , to inable them to aske any thing from the king they think fit to demand , and to refuse any thing to him he requires from them ) the progresse and proceedings thereupon , hath been very different ; in stead of suspending and discountenancing them upon the king's accusation , they are brought in triumph with an army to the house ; the army upon the bare exhibiting their generall articles , require that the persons impeached , may be forthwith suspended from sitting in the house , and will receive no deniall , it must be consented to , for they will not indure , that the persons impeached by them shall continue in power and capacity to obstruct due proceedings against themselves ▪ and for their own escape from justice to threaten ruine to the whole nation , as by the letter from the army of the . of june , appears . the king was checked upon the matter of priviledge , and then imperiously required to send the evidence , which he had against those he had accused , to the house , where they principally governed , and could easily judge what was secure for themselves ; his majesty desired , that before his proofs were discovered against them , and lest a new mistake should breed more delaies , it might be resolved , whether his majesty were bound in respect of priviledges to proceed against them by impeachment in parliament , or whether he were at liberty to prefer an indictment against them at common law , in the usuall way , or had his choice ; to which they would give no other answer , then that they desired him to give directions , that the parliament might be informed before friday next , what proof there was against them , that accordingly they might be called to a legall triall , it being the undoubted right and priviledge of parliament , that no member of parliament can be proceeded against without the consent of parliament . the army tells them plainly , by their letter of the . of june , that they wish the name of priviledges , may not lie in ballance with the safety of a kingdome , and the reality of doing justice ; which ( as they had said too often ) they could not expect whilst the persons they had accused , were the kingdomes and their judges . and in the remonstrance of the army of the . of june , that no priviledges ought to protect wicked men , in doing wrong to particulars , or mischief to the publick ; and that whoever most adores or tenders those priviledges , will best expresse his zeale towards them , in taking care they be not abased or extended to private wrong and publique mischief , for they say , they clearly find , and all wise men may see it , that parliament priviledges as well as royall prerogative , may be perverted & abused , to the destruction of those greater ends , for whose protection and preservation they were admitted , or intended ( viz. ) the rights and liberties of the people , and safety of the whole ; and in case they be so , the abuse , evill , or danger of them , is no lesse to be contended against , and a remedy thereof no lesse to be endeavoured , then of the other : and upon these grounds they conclude , that they shall be inforced to take such courses extraordinary , as god shall enable and direct them to , unlesse by thursday night next they receive assurance and security to themselves and the kingdome , for a more safe and hopefull proceeding in an ordinary way , by having those things granted , which before they insisted on . these have been the proceedings of late in the point of accusing members , and in the case of priviledge , all which are so far justified by the houses , that the army hath received publique thanks and approbation for all that they have done , and their accusations have been received , countenanced , and promoted , and their desires granted against the persons they accused , so that as the king did nothing in the accusation of those members , but what was justifiable by the law , and former presidents of parliament , so whatsoever he did is since justified by the later presidents , which themselves have consented to , and approved ; and so we return to the place from whence this consideration carried us . there is a mention of the lord digby's appearing in a war-like manner , and afterwards his going beyond the seas , and from thence giving advice to the king to retire to some strong place , &c. which are all so well known , have been so often answered , and have so little reference to the king , that time is not to be wasted to reply to them . . the next charge is , the commissions granted to the earle of newcastle , and colonel legg , for attempting newcastle and hull , which ( they say ) occasioned them to provide for their security ; to which their intelligence of forain forces from denmark contributed ; and then they take great paines to make that jealousie of denmarke reasonable , and fit to sink into them . the commissions granted by the king to the earle of newcastle , and colonel legg , were no other then by law he might grant ; neither did he grant any such , before he was assured the leading members in the house of commons had it in their purpose to procure an order for the seizing that towne , and after they had caused a power to be placed about the tower of london both by land and water under the command of their new officer skippon , who was required not to suffer any provisions to be brought in thither by what authority or warrant soever . if there had been any expectation , or apprehension of forain forces to be brought from denmarke , that could be no warrant for them to seize on hull , without and against the king's leave , whose peculiar jurisdiction and right it is , to provide against forain invasions ; but as that discourse of forces from denmarke , was then looked upon as most ridiculous by all men of sense , so experience hath since made it apparent , that there was not the least colour for it : and the arrivall of that vessell with ammunition and armes ( for there came no commanders in her ) near hull , was near six months after the houses had put a garrison into hull , and neer three months after sir john hotham had shut the gates of it against his majesty ; and if it had not been for that rebellious act , that ammunition and armes had not been sent . the invasion of the king of denmark's dominions by the swedes was above two years after the seizing of hull , therefore that could not be any interruption to that designe , if it had been intended ; but that a frivolous report of a discourse between a servant of the lord digby's , ( that was never named ) with a mariner , whom he had never seen before , to conduct a fleet into england from denmarke ; or an intercepted letter from the hague to secretary nicholas , which is pretended to be written the of novemb. after the battle of edge-hill ; and in which is mention of armes for ten thousand foot , and for fifteen hundred horse should be thought of moment to justifie a rebellious jealousie of the king's purpose of countenancing an invasion of his owne kingdome , is below the folly and sottishnesse of any , to whom satisfaction ought to be applied . the imploying of colonel cockram to the king of denmark , was after the rebellion was begun , and when the earl of essex was marching with his army against his majesty , and the principall instruction given to him , was to presse that king to assist his majesty , with mony , armes , and ammunition , ( the two houses having seized all which belonged to his majesty ) and that the same might be sent by some ships of that crowne , because all the king 's owne were taken from him , and lay in wait to intercept any provision that should be sent to his majesty ; and it is no wonder if the king indevoured by his instructions to his agent , to make his uncle of denmarke as sensible as he could of the injuries and indignities offered to his majesty ; nor was that very clause ( with which these wicked men so insolently and rudely reproach his majesty ) without good grounds , it being known that they ordinarily whisper'd many things then in their private caballs , which they durst not publiquely avow ; of which nature were their discourses of the death of king james , which they are now grown up to the wickednesse to publish , and the other which was mentioned in that instruction . they say they repeat this rather , because when they declared their intelligence , that cockram was sent into denmarke to procure forces thence , the king disavowed it , calling it a vile scandall in his answer to their decl. of the of octob. . their charge upon the king in that declaration of the of octob. was , that sir john henderson and colonel cockram ( men of ill report both for religion and honesty ) were sent to hanborough and denmarke , as they were credibly informed , to raise forces there , and to bring them to newcastle , and to joyne with the earle of newcastle , &c. to this the king made answer , that he had never greater cause to be confident of security in his owne subjects , and therefore he could not believe so vile a scandall could make any impression in sober men : and it is known he did desire no other aide or supply at that time from denmarke , or from any of his allies , but mony , armes , and ammunition , but if he had not been confident in the security of his owne subjects , he would have been justly to be blamed , if he had not endeavoured to get any forain succours to preserve himself , his crowne , and the kingdome from being over-run and subdued by the power and strength of his rebellious subjects . in the same instructions to cockram , they say , the king declared , that he then expected assistance from his neighbour princes and allyes , in particular the greatest part of the states fleet from holland : which if it were truly set forth , needs no answer , it being very reasonable that the king should have expected that all his neighbour princes and allyes should have assisted him against so odious and horrid a rebellion , and it may be many of them may live to find the inconveniencie of not being sensible of the assault , which hath been made upon soveraignty , especially , if in stead of assisting the king , they have contributed toward the oppressing the regall power ; but these men are such enemies to ingenuity , that in the very repeating , what hath been said or done by the king , they will leave out any words that will make the sense otherwise understood , then fits their purpose , though any man that will take the pains to examine it , will quickly find the truth ; so they who will peruse these instructions ( by what means soever they came by them ) published by themselves , will find that the king mentioned the holland fleet only , as allowed by the states to give her majesty a convoy into england , which these men would have understood , as lent to assist the king against his rebellious subjects ; whereas it is too well known , that at that time the two houses found more respect and assistance from those states , then his majesty did ; and what his majesty then said of his neighbour princes and allyes ( which they would perswade the people to relate to some present engagement from them to send forces to him ) being only grounded upon his reasonable hope of the sense those princes would have of the indignities offered to his majesty , his words being , he expects and hopes that all his neighbour princes and allyes , will not look upon so dangerous a precedent to their owne crownes and monarchies , without contributing to suppresse this so pernicious a designe begun in this kingdome : god forgive those princes who suffered his majesty to be deceived in so just and princely an expectation . it is here likewise to be remembred , that the two houses had dispatched their agent strickland to the states of the united provinces , to invite them to their amity and assistance , and to decline their league with his majesty , before colonel cockram was sent for denmarke , their declaration to those provinces bearing date the of occtober , which was before the time that cockram went towards denmarke . . the queens going into holland , is next objected to the king , and that contrary to his trust he sent the ancient jewels of the crowne of england , to be pawned or sold for ammunition and armes , of which , they say , they had certain knowledge before they took up armes ; and that they had not so much as once asked the militia , till the queen was going for holland ; and that her going beyond sea was stayed , many months before her going into holland , by their motions to the king , because ( amongst other reasons ) they had heard , that she had packed up the crowne jewels , by which they might see what was then intended by that iourney , had not they prevented it till the winter . they are very unwilling to agree upon the time when they first took up armes , and would have their seizing upon the king's forts , possessing themselves of the militia of the kingdome , of the royall navy , to be thought only an exercise of their soveraigne power , and no taking up of armes ; but though they could perswade the world that their countenancing and bringing downe the tumults , by which they first drove away many members from the houses , and then the king himself from whitehall , was not taking up armes , because there was no avowed act of both houses to bring downe those tumults , yet sure they cannot deny their marching out of the city with all the trained bands of london in a hostile manner to westminster , where both houses gave the chief officers thanks , approved what they had done , undertook to save them harmlesse , and appointed a new officer of their own to command those traine bands , which was on the of ianuary , . to be taking up armes . when they appointed the next day their own new officer skippon to besiege the tower of london , with the city forces , by land and water , and not suffer any provision to be carried thither , when the king's lieutenant was in it , and declared , that whosoever should trouble him for so doing , was an enemy to the common-wealth , which was accordingly executed by him ; they must confesse undoubtedly that they took up armes ; and both these high actions ( which by the expresse statute of the year of king edw. . are high treason ) were before any one iewell belonging to the crowne or the king , was carried out of the kingdome . for the time of asking the militia , though no circumstance of time could make it justifiable ( not to speak of the bill preferred to that purpose many months before ) the house of commons by their petition of the of ianuary , after the house of peers had refused to concur with them in so dis-loyall a suit , desired his majesty to put the tower of london and the principall forts of the kingdome and the whole militia , into such hands as they thought fit ; and the queen went not into holland till the of february , neither was her journy resolved on till the beginning of that month ; so that their assertion of not having so much as asked the militia till the queen was going into holland is utterly untrue , and when they were made acquainted of such her majesties purpose , they never in the least degree disswaded it . but what was the queens going into holland , and the king 's sending with her the iewels of the crown , to their taking armes ? the queen might very well go to any place the king thought fit she should go , & the princess mary ( being at that time to go into holland to her husband ) his maj. thought it fit that the queens maj. should accompany her daughter thither : and for the jewels of the crowne ( though most of the jewels carried over by the queen , were her owne proper goods ) let them shew any law , that the king may not dispose of those jewels for the safety of his life , and to buy arms & ammunition to defend himself against rebels , who have seized all his revenue , and have left him nothing to live upon , but those jewels , which he had only in his power to convey out of theirs , or to leave them to be seized on and sold by them , who applied all that he had else , and his own revenue to hasten his destruction . in their mention of the queens former purpose of going beyond seas , stayed ( as they say ) upon their motion , because they had then heard , she had packed up the crown jewels and plate , they use their old and accustomed licence . if they will examine their own journall , they will not find amongst all those reasons , which were carried up by master pim to the lords at a conference on the of iuly , and the next day presented to the king to disswade her majesties journy , the least mention , of her having packed up the crown jewels and plate , but that they had received information of great quantity of treasure in iewels , plate and ready mony packed up to be conveyed away with the queen ; and that divers papists and others , under pretence of her majesties goods were like to convey great sums of money and other treasure beyond the seas , which would not only impoverish the state , but might be imployed to the fomenting some mischievous attempts to the trouble of the publike peace : and they might remember that ▪ the chief reasons they gave to disswade her majesty , was , their profession and declaration , ( since they heard that the chief cause of her majesties sicknesse proceeded from dis-content of her mind ) that if any thing which in the power of parliament might give her majesty contentment , they were so tender of her health , both in due respect to his most excellent majesty and her self , that they would be ready to further her satisfaction in all things ; and that it would be some dis-honour to this nation , if her majesty should at this unseasonable time go out of the kingdome , upon any grief or discontent received here ; and therefore they would labour by all good means to take away and prevent all just occasions of her majesties trouble in such manner as might further her content , and therein her health , which would be a very great comfort and joy to themselves , and the rest of his majesties loving subjects . these obligations they should have remembred , and left the world to remember how punctuall they were in the performance : the discourse at burrough bridge , that the king would pawne his iewels for the army , is as materiall , as any other part of the discourse there , being said only by captain chudleigh , who it seems believed it not , by his engaging himself to the parliament from that time , ( as the better pay-masters ) and was highly valued by them . . it seems they take it as granted , that their frivolous and malitious allegations will serve turne in stead of proofs , and therefore they take the boldnesse to tax his majesty with breach of honour and faith , and to reproach him for calling god to witnesse , and making so many solemn protestations against any thought of bringing up the northern army , or of leavying forces to wage war with his parliament , or of bringing in forain forces or aids from beyond the sea , which ( they say ) himself said would not only bury the kingdom in sudden destruction and ruine ; but his own name and posterity in perpetuall scorne and infamy . if these gentlemen would deale faithfully with the world , and confesse what troubles them most , they would acknowledge , that their grief is , that the king is so punctuall and severe in keeping his word , and protestations ; not that he is apt to fall from them . if he would have practised their arts of dissembling , and descended to their vile licence of promising and protesting , what he never meant to think of after , he might have prevented them in many of their successes ; but the greatnesse of his mind alwaies disdained even to prosper or be secure by any deviations from truth and honour ; and what he hath promised , he hath been religious in observing , though to his own damage and inconvenience ; he hath made no protestation about bringing up the northern army , or of leavying forces against the parliament , or for the rights of the subject , which was not exactly true , and agreeable to the princely thoughts and resolutions of his heart . the occasion of his majesties using that expression concerning forain force , ( which is here remembred by them ) was this : in the declaration delivered to his majesty from the two houses at newmarket on the of march , . they told him , that by the manifold advertisements , which they had from rome , venice , paris , and other parts , they expected that his majesty had still some great designe in hand , and that the popes nuntio had solicited the kings of france and spaine to lend his majesty four thousand men apiece to help to maintain his royalty against the parliament , were some of the grounds of their fears and jealousies ; to which his majesty made answer in these words , what your advertisements are from rome , venice , paris , and other parts , or what the pope's nuntio solicited the kings of france or spaine to do , or from what persons such informations come to you , or how the credit and reputation of such persons have been sifted and examined , we know not , but are confident no sober honest man in our kingdomes can believe , that we are so desperate , or so senslesse , to entertain such designes , as would not only bury this our kingdome in sudden destruction and ruine , but our name and posterity in perpetuall scorn and infamy . that this answer was most prudently and justly applied to that extravagant and senslesse suggestion , cannot be doubted ; but because the king at that time , before the war , or a declared purpose in them to raise a war against him , held it an odious and infamous thing to thinke of bringing in foraine forces upon his owne kingdome , that he might not therefore think it afterwards necessary , and find it just , to call in forain succours to defend him from a rebellion , that besides mixtures of all nations , was assisted by an intire forain army to oppresse him , and his posterity , no reasonable man can suggest or suppose ; and yet how far he hath been from entertaining any such aide , the event declares , which it may be , many wise men reckon amongst his greatest errours and oversights ; and which no question , ( if he had not been full of as much tendernesse and compassion towards his people , as these men want ) he would have found no difficulty to have practised . they proceed to improve this most groundlesse and unreasonable scandall by another instance , that when his majesty himself , and the lords made a protestation at yorke against leavying forces , he commanded his subjects by proclamation to resist the orders of the parliament , and did many other facts , contrary to that protestation , the particulars whereof are mentioned , and shall be examined and answered . the act which they call a protestation by the king & the lords at yorke passed on the day of june , . being six and twenty daies after both houses had declared that the king intended to leavy war against the parliament , and thereupon published their propositions for bringing in money or plate for the raising and maintaining an army : the king conceiving so positive and monstrous an averment might make some impression upon , and gain credit with his people , called the peers together who attended him , and taking notice of that wicked declaration , declared to them , that he alwaies had , and then did abhor all such designes , and desired them to declare , whether being upon the place , they saw any colour of preparations or counsels , that might reasonably beget a belief of any such designe , and whether they were not fully perswaded , that his majesty had no such intention : whereupon seven and thirty peers , who then attended his majesty ( being double the number that at that time or since remained in the house of peers at westminster ) unanimously declared under their hands ( which was published to the kingdome ) that they saw not any colour of preparations or counsels , that might reasonably beget the belief of any such designe , and did professe before god and testifie to all the world , that they were fully perswaded that his majesty had no such intention , but that all his endeavours did tend to the firm and constant setlement of the true protestant religion , the just priviledges of parliament , the liberty of the subject , the law , peace , and prosperity of the kingdome ; notwithstanding which clear evidence , they made what haste they could to raise an army , and to engage the people against their soveraigne lord the king. that his majesty intended not by that profession on his part , nor the lords thought themselves obliged on their parts , to give any countenance to , or not to resist the orders , which then issued out every day , from those at westminster , who called themselves the two houses , needs no other evidence , then his majesties declaration published two daies before ( of june ) in which amongst other particulars , he declared to the peers , that he would not ( as was falsly pretended ) engage them , or any of them in any war against the parliament , except it were for his owne necessary defence and safety against such as should insolently invade or attempt against his majesty , or such as should adhere to him : and that very day , the very same peers ( whereof the earl of salisbury was one ) engaged themselves to the king under their hands , that they would defend his majesties person , crowne and dignity , together with his majesties just and legall prerogative , against all persons and power whatsoever , and that they would not obey any rule , order , or ordinance whatsoever concerning any militia , that had not the royall assent . the first commission of array issued out some daies before this profession and protestation made by his majesty , and therefore cannot be said to be against it ; and above three months after the passing the illegall and extravagant ordinance for the militia , and after that ordinance was executed in many parts of the kingdome , notwithstanding his majesties proclamation of the illegality and treason of it , when he had desired them to produce or mention , one ordinance from the first beginning of parliaments to this very parliament , which endeavoured to impose any thing upon the subject , without the king's consent : of which to this day they never gave or can give one instance . the commission it self of array , is according to law , and so held to be at this time by most learned lawyers , and was so declared to be by mr. justice hutton in his argument in the exchequer chamber , in the case of mr. hambden . the letter which they say they can produce under his majesties owne hand to sir john heydon lieutenant of the ordnance , of the of june , . is no way contrary to his majesties professions , & such as his majesty in that ill time was necessarily to write , being to a sworn officer and servant of his owne , to send such of his own goods to him as were in his custody , and which his majesty so reasonably might have occasion to use ; and if he wished it might be done privately , it is only an instance of the wickednes of that time that the king was forced to use art and privacy to get what belonged to him , lest he might be robbed by those , who nine daies before the date of this letter had published orders to intercept whatsoever was going to him. his majesty required not any subscription for plate , horses , or armes , till many daies after they had published their propositions to that purpose , & received great sums of mony , and vast quantities of plate upon those propositions , against which his majesty writ his princely letter to the city of london on the of june , and two daies after published a declaration with the testimony and evidence of all the peers with him , in which he said , that if notwithstanding , so clear declaration and evidence of his intentions , these men should think fit by those alarums to awaken him to a more necessary care of the defence of himself and his people , and should themselves in so unheard-of a manner provide ( and seduce others to do so too ) to offend his majesty , having given him so lively testimony of their affections , what they were willing to do , when they should once make themselves able ; all his good subjects would think it necessary for his majesty to look to himself ; and he did then excite all his wel-affected people , according to their oaths of allegiance & supremacy , & according to their solemn vow and protestation ( whereby they were obliged to defend his person , honour , and estate ) to contribute their best assistance to the preparations necessary for the opposing and suppressing of the trayterous attempts , &c. ) and then he would take it as an acceptable service , if any person upon so urgent and visible a necessity of his majesty , and such an apparent distraction of the kingdome , would bring in to him , or to his use , mony or plate , or would furnish horse or armes , &c. this was the time , and the manner of his majesties requiring subscription , for plate , horse , and armes , which these men impute to him. they say the king raised a guard of horse , and foot about him ; and by them did not only abuse their committees sent to him , beat their publique officers and messengers , protect notorious papists , traytors or felons , such as beckwith and others , from the posse comitatus , but also with those guards , cannon & arms from beyond sea , did attempt to force hull , in an hostile manner , and that within few daies after that solemn protestation at yorke : all which suggestions must be particularly examined : the raising the king's guard was on this occasion , and in this manner : the king residing with his court at the city of yorke , and being pressed by both houses of parliament to consent , that his magazine at hull might be removed from thence ( for the better supplies of the necessities for ireland ) to the tower of london , which for many reasons he thought not convenient , his majesty resolved to go himself in person to his town of hull , to view his arms and munition there , that thereupon he might give directions what part thereof might be necessary to remaine there , for the security and satisfaction of the northerne parts ( the principall persons thereof having petitioned him , that it might not be all removed ) and what part might be spared for ireland , what for the arming the scots , who were to go thither , and what to replenish his chiefest magazine the tower of london ; and going thither on the day of april , . he found all the gates shut against him , and the bridges drawn up , by the command of sir john hotham , who flatly denied his majesties entrance from the walls , which were strongly manned , and the cannon mounted thereon and planted against the king ; his majesty having in vaine endeavoured to perswade sir john hotham , and offered to go in with twenty horse , because he alleaged his retinue was too great , was at last compelled to returne to yorke , after he had proclaimed hotham traytor , which by all the knowne lawes , he was declared in that case to be . the next day the king sent a message to the houses to require justice upon sir john hotham : to which they returned no answer , till above a fortnight after ; in the mean time they sent down some of the choice members to hull to give sir iohn hotham thanks for what he had done ; and to assure him that they would justifie him in it ; and others into lincoln-shire , with directions to their deputy lieutenants and all other officers , to assist him if he were in any distresse ; and then they sent some other members as their committee to yorke , with their answer to the king , in which they told him , that sir john hotham could not discharge the trust upon which , nor make good the end for which he was placed in the guard of that towne and magazine , if he had let in his majesty with such counsellours and company , as were then about him ; and therefore upon full resolution of both houses they had declared sir john hotham to be clear from that odious crime of treason ; and had avowed , that he had done nothing therein , but in obedience to the commands of both houses : whereas in truth , though they had presumed against law and right to send him thither , and constitute him governour for a time , of that place , there was no word in his commission , or instructions implying the least direction , not to suffer his majesty to come thither ; but on the contrary , the pretence was for his majesties especiall service . his majesty made a quick reply to this strange answer , and delivering it to their committee wished them to return with it to the houses , which they refused , telling him , that they were appointed by the parliament to reside at yorke , but they would send his answer to westminster . it would be too long in this place , and might be thought impertinent to consider , whether this custome of sending committees to be lieger in the counties , which began at this time , be agreeable to law , and the just regular power of the houses ; for as the like will not be found in the presidents of former parliaments , so it may be reasonably believed , that , that councell , which is called by the kings writ to assemble at westminster , can no more appoint some of their members to reside at yorke , or in any other place , then they can adjourn themselves thither ; and it seems against right , that those deputies which are sent by the counties or cities to be present on their behalfs in the house of commons at westminster , may be sent to another place , by which they whom they represent are without any members there . upon this answer of the committee , as unexpected , as the other from the houses ; and the other acts done in this conjuncture , as the sending another committee to hull , another into lincoln-shire , all to perswade the people to approve of what sir iohn hotham had done , and to assist him if there were any occasion ; the king began very justly to apprehend a designe upon his owne person , and then and not till then , resolved , and declared his resolution to have a guard to secure his person , that sir iohn hotham might not ( as his majesty said ) by the same forces , or more , raised by pretence of the same authority ( for he raised some daily ) continue the war , that he had leavied against him , and as well imprison his person as detain his goods , and as well shut his majesty up in yorke , as shut him out of hull . this guard was hereupon raised , with the advice of the principall gentlemen of that county , and consisted of one regiment of their traine bands , commanded by the proper colonel , who was one of the prime gentlemen of fortune and reputation there ; and one troup of horse , which had the honour of being called the prince of wales his troup , commanded by the earle of cumberland , and consisting of near one hundred , most if not all of them , of the gentry of that shire ; and that the rumour , scandall , and imputation of entertaining papists , might be clearly answered ; there was neither officer or souldier of the regiment or troup , who did not take the oath of allegiance and supremacy , and they were punctually payed by the king , that there might be no complaint on any side . this was the guard , the occasion , and manner of leavying it , full five months after the two houses against law or president , and without the least probable colour of danger had raised a greater guard for themselves , under the command of their new officer skippon , after they had besieged the tower , and compelled the king to commit the government of it to a man of their own nomination , and election ; after they had put a governour and garrison into hull , and that governour and garrison kept his majesty out of the towne ; after they had in defiance of his majesty and against his expresse pleasure signified to them , put his royall navy into the hands , and under the command of the earle of warwick ; after they had in many counties executed the ordinance of the militia ; and after they had brought the danger to his chamber dore , by their orders to the very sheriffe of yorke-shire to assist sir john hotham , and imploying their committee there to the same purpose . for abusing the committees sent to his majesty , they should ( and no doubt if it had been in their power they would ) have mentioned one particular abuse offered to them ; it is very well known that they had all freedome and respect , albeit his majesty well knew the ill and seditious offices they did there ; and though they appeared publickly at all meetings , and when his majesty proposed any thing to the county , they produced their instructions , and disswaded the county from complying with his just desires ; the suffering and induring whereof might more reasonably be imputed to the king , then any ill usage they received ; of which their owne letters printed by order , will be sufficient testimony ; and when the king went from yorke , towards nottingham , after he had declared by his proclamation , that he would erect his royall standard ; the lord fairfax ( being one of that committee ) by some accident of sicknesse continuing still at his house in that county ; albeit the king well knew the dis-service he had done him , and that the keeping him in prison might prevent much more , that he was like to do him , yet since he had received him there as a member imployed from the parliament , and that his returne thither was hindred by an indisposition of health , he would not suffer him to be apprehended , but left him un-disquieted , or disturbed , to recollect himself , and to revolve his majesties goodnesse : so far was that committee , or any member of it from being abused , whatsoever they deserved . the next instance of the king's breach of his protestation , or doing somewhat against it , is , the beating their publique officers and messengers , and protecting notorious papists , traytors , felons , such as beckwith and others from the posse comitatus : since there is no other named , it may be supposed , that this is the only , or most notorious example of that protection , and therefore it will be fit to examine , what the case of this man was : this gentleman mr. beckwith ( whether a papist or no is not materiall ) lived in beverly , whither his majesty came that night , after sir john hotham had refused to suffer him to come into hull , and was utterly unknown to his majesty , but had the just sense an honest subject should have of the indignity offered to his soveraigne , and the mischiefe that might befall that county and kingdome by this rebellious act , and was forward to expresse ( as most of the gentlemen of that county were ) a desire to repaire his majesty , and to prevent the inconveniences which were otherwise like to follow . he had in the towne of hull a son-in-law , one fookes , who was a lieutenant of a foot company in that garrison , whom he supposed ( being only drawn in with the traine bands ) not malitiously engaged in the purpose of treason , and therefore as well to preserve a man , who was so near to him , innocent , as for other respects to his king and country , he sent for him to come to him to his house , which the other ( there being then no intercourse hindred on either side ) did , and upon discourse fully sensible of the unlawfulnesse of the act , which had been done , and willing to doe any thing for the king's service ; declared , that the thursday night following he should have the guard at the north gate , and that if an alarum were given at another gate , called hessell-gate , he would let those in who came from the king ; mr. beckwith promised if he would perform this , he should have a very good reward , and that if he could convert his captain one lowanger ( a dutch-man ) to joyn with him , he should likewise be very liberally rewarded . this is all that was alleaged against mr. beckwith , as appears by sir john hothams letter of the whole information to mr. pim , entred in the journall booke of the house of commons , and printed by their order . fookes ( as soon as he returned to hull ) discovered all to sir iohn hotham , and he derived it to the house of commons , as is said , and they upon this evidence sent their sergeant at armes , or his messenger to apprehend beckwith as a delinquent , who upon notice of the treachery of his son-in-law , durst not stay at his house , but removed to yorke . the messenger , with the confidence of his masters , boldly came thither , and finding the gentleman in the court , and in the garden where the king himself was walking , had the presumption to serve the warrant upon him , and to claim him as his prisoner ; it was indeed a great wonder that the messenger was not very severely handled , but the reverence to the king's person preserved him , who bore no reverence to it ; and his majesty being informed what had hapned , called for the fellow , and having seen his warrant , bid him return to those that sent him , and forbear committing the like insolency , lest he fared worse ; this was the beating their messenger , and this the protection mr. beckwith had ; nor was there ever any posse comitatus raised , the high sheriffe daily waiting on his majesty , and observing the orders he received from him , according to the duty of his office . whatever this offence had been , it was never knowne ( before this parliament ) that the messenger of either house ever presumed to serve a warrant within the king's court , much lesse in his presence ; which whilst loyalty and duty were in reputation , was held too sacred for such presumptions ; the law confessing such priviledges and exemptions to be due to those places , that the lord cannot seize his villaine in the king's presence , because the presence of the king is a sanctuary unto him , saies my lord dyer . for the matter it self , sure there is no man yet that will avow himself to be so much out of his wits , as to say , that the king should have suffered mr. beckwith to be carried to westminster , as a delinquent for doing the part of a good subject ; and to be tried by those , who owned the treason that was committed , nor can there be one person named , whom they sent for as a delinquent , and the king protected ; except those who had been a yeare together attending upon them and demanding justice ; or those against whom nothing was objected , but that they waited on and attended his majesty : for the traytors and felons , they were only to be found within their owne verge ; and protected by their owne priviledges . very few lines will serve here , to take notice of the difference between the king's usage of their messengers , and their usage of the king 's ; their messenger sent by them on an unlawfull imployment , to apprehend a person they had no power to send for , and for a crime of which ( if he had been guilty ) they had no cognisance , and executing their commands in an unlawfull manner , and in a place , where he ought not to have done it , though the command had been just , was by the king fairly dismissed without so much as imprisonment or restraint : the kings messenger sent by his majesty with a legall writ to london , for the adjournment of the tearme , which is absolutely in the king's power to do , and can be regularly done no other way , for performing his duty in this service , according to his oath , and for not doing whereof he had been punishable , and justly forfeited his place without any other crime objected to him , was taken , imprisoned , tried at a court of war , by them condemned to be hanged , and was executed accordingly : that bloud will cry aloud . but they say , with those guards , cannon , and armes , from beyond sea , the king attempted to force hull in a hostile manner , and that within few daies after that solemne protestation at yorke . what the protestation was , is before set downe , and his majesties published resolution in this point , before that protestation ; nor did his majesty ever conceal his purpose in this or other cases of that nature , or disguised his purpose with any specious promises or pretences , but plainly told them , and the world , what they were to expect at his hands . to their expostulatory and menacing petition delivered to his majesty at his first comming to yorke , on the of march , the king in his answer used these words , as we have not , nor shall refuse any way agreeable to justice or honour , which shall be offered to us for the begetting a right understanding between us , so we are resolved , that no straits or necessities ( to which we may be driven ) shall ever compell us to doe that , which the reason and understanding that god hath given us , and our honour and interest , with which god hath trusted us for the good of our posterity and kingdomes shall render unpleasant and grievous to us. in this second message concerning hull , the second day after the gates were shut against him , his majesty uses these words , if we are brought into a condition so much worse then any of our subjects , that whilst you all enjoy your priviledges , and may not have your possessions disturbed , or your titles questioned , we only may be spoiled , thrown out of our townes , and our goods taken from us , 't is time to examine how we have lost those priviledges , and to trie all possible waies , by the help of god , the law of the land , and the affection of our good subjects to recover them , and vindicate our self from those injuries . in his reply to their answer concerning sir iohn hotham , presented to him on the of may , his majesty told them , that he expected that they would not put the militia in execution , untill they could shew him by what law they had authority to do the same without his consent ; or if they did , he was confident , that he should find much more obedience according to law , then they against law. lastly , in his answer to a declaration of the of iune , . ( about a fortnight before his going towards hull with his guards ) his majesty told them plainly , that the keeping him out of hull by s r john hotham , was an act of high treason against him , and the taking away his magazine and munition from him , was an act of violence upon him ( by what hands , or by whose directions soever it was done ) and in both cases by the help of god and the law he would have justice , or lose his life in the requiring it ; so that certainly the king never concealed or dissembled his purposes , and accordingly he did indeed toward the middle of iuly , go with his guards to beverly , having some reason to believe , that sir iohn hotham had repented himself of the crime he had committed , and would have repaired it as far as he had been able , of which failing ( to his own miserable destruction ) without attempting to force it his majesty again returned to yorke . having made it now plainly appear how falsly and groundlesly his majesty is reproached with the least tergiversation or swarving from his promises or professions ( which no prince ever more precisely and religiously observed ) it will be but a little expence of time , again to examine how punctuall these conscientious reprehenders of their soveraigne , have been in the observation of what they have sworn or said . in the first remonstrance of the house of commons , of the state of the kingdome they declare , that it is far from their purpose or desire to let loose the golden reines of discipline and government in the church , to have private persons , or particular congregations to take up what forme of divine service they please ; for ( they said ) they held it requisite that there should be throughout the whole realme , a conformity to that order which the laws enjoyne . in their declaration of the of may , speaking of the bill for the continuance of this parliament , they say , we are resolved , the gratious favour his majesty expressed in that bill , and the advantage and security which thereby we have from being dissolved , shall not encourage us to do any thing , which otherwise had not been fit to have been done . in the conclusion of their declaration of the of may , . apprehending very justly that their expressions there would beget at least a great suspition of their loyalty , they say , they doubt not but it shall in the end appear to all the world , that their endeavours have been most hearty and sincere , for the maintenance of the true protestant religion , the kings just prerogatives , the lawes and liberties of the land , and the priviledges of parliament , in which endeavours by the grace of god , they would still persist , though they should perish in the worke . in their declaration of the of iune , . the lords and commons doe declare , that the designe of those propositions ( for plate and money ) is to maintain the protestant religion , the king's authority and person in his royall dignity , the free course of iustice , the laws of the land , the peace of the kingdome , and priviledges of parliament . as they have observed these and other their professions to the king and the publique , so they have as well kept their promises to the people ; in their propositions of the of iune , . for bringing in mony or plate , the lords and commons do declare , that no mans affection shall be measured according to the proportion of his offer , so that he expresse his good will to the service in any proportion whatsoever ; the first designe was to involve as many as they could in the guilt , how small soever the supply was , but on the of november following , the same lords and commons appointed six persons , who , or any four of them should have power to assesse all such persons as were of ability and had not contributed , and all such as had contributed yet not according to their ability to pay such summe or sums of mony , according to their estates , as the assessors or any four of them should think fit and reasonable , so as the same exceeded not the twentieth part of their estates . infinite examples of this kind may be produced , which are the lesse necessary , because whosoever will take the pains , to read their own declarations , and ordinances , shall not be able to find , one protestation or profession made by them to god almighty in the matter of religion , or to the king in point of duty and obedience , or one promise to the people in matter of liberty , law , and iustice , so neer pursued by them , as that they have ever done one composed act in order to the performance of either of them : which very true assertion shall conclude this answer to that reproach of his majesties , not having made good his protestations . . the next charge is , that his majesty proclaimed them traytors and rebels , setting up his standard against the parliament , which never any king of england ( they say ) did before himself . his majesty never did nor could proclaime this parliament traytors , he well knew ( besides his own being the head of it ) that four parts of five of the house of peers were never present at any of those trayterous conclusions , and that above a major part of the house of commons was alwaies absent , and that of those who were present , there were many , who still opposed or dissented from every unlawfull act , and therefore it were very strange , if all those innocent men of whom the parliament consisted as well as of the rest , should have been proclaimed rebels and traytors for the acts of a few seditious persons , who were upon all occasions named ; and if the parliament were ever proclaimed traytors , it was by them only who presumptuously sheltred their rebellious acts , under that venerable name , and who declared , that whatsoever violence should be used either against those , who exercise the militia , or against hull , they could not but believe it as done against the parliament . they should have named one person proclaimed rebell or traytor by the king , who is not adjudged to be such by the law. the king never proclaimed sir iohn hotham traytor ( though it may be he was guilty of many treasonable acts before ) till he shut the gates of hull against him , and with armed men kept his majesty from thence , and besides the concurrent testimony of all judgments at law , it appears and is determined by the lord chief justice coke ( published by the house of commons this parliament ) in his chapter of high treason , that if any with strength and weapons invasive and defensive doth hold and defend a castle or fort against the king and his power , this is leavying of war against the king within the statute of the year of edw. . the king proclaimed not those rebels or traytors , who voted , that they would raise an army , and that the earl of essex should be generall of that army ( what ever he might have done ) nor the earle of essex himself a traytor upon those votes , untill he had accepted that title and command of captaine generall , and in that quality appeared amongst the souldiers , animating and encouraging them in their trayterous and rebellious designes , as appears by his majesties proclamation of the of august , . by which he was first proclaimed traytor : and there was no other way to clear the earle of essex from being guilty of treason by that act of his , within the expresse words of the chapter of the yeare of king edw. . but by declaring , that by leavying war against our lord the king in his realme ( which in that statute is declared to be high treason ) is meant leavying war against the parliament , and yet mr. st. iohn observed in his argument against the earle of strafford , printed by order , that the word king in that statute must be understood of the king 's naturall person , for that person can onely die , have a wife , have a son , and be imprisoned . the lord chief justice coke in his commentary upon that statute , saith , if any leavy war to expulse strangers , to deliver men out of prisons , to remove counsellours , or against any statute , or to any other end , pretending reformation , of their own head , without any warrant , this is leavying war against the king , because they take upon them royall authority , which is against the king ; and that there may be no scruple , by that expression without warrant , the same author saies , in the same place , and but few lines preceding , that no subject can leavy war within the realm without authority from the king , for to him it only belongeth . preparation by some overt act to depose the king , or to take the king , by force and strong hand , and to imprison him , untill he hath yeilded to certain demands , this is a sufficient overt act to prove the compassing and imagination of the death of the king , for this is upon the matter to make the king a subject , and to disspoyle him of his kingly office of royall government , as is concluded by the same reverend authour , and likewise , that to rise to alter religion established within the kingdome , or lawes , is treason . these declarers cannot name one person proclaimed a rebell or traytor by the king , who was not confessedly guilty of at least one of these particulars : and being so , the king did no more then by the law he ought to doe ; and mr. st. johns acknowledged in his argument against the earle of strafford , that he that leavies war against the person of the king , doth necessarily compasse his death ; and likewise that it is a war against the king , when intended for the alteration of the lawes or government in any part of them , or to destroy any of the great officers of the kingdome . for the setting up the standard , it was not till those persons , who bearing an inward hatred and malice against his majesties person and government had raised an army , and were then trayterously and rebelliously marching in battle-array against his majesty their liege lord and soveraigne , as appears by his majesties proclamation of the of august , . in which he declared his purpose to erect his royall standard ; and after they had with an army besieged his majesties antient standing garrison of portsmouth , and required the same ( in which the king's governour was ) to be delivered to the parliament ; and after they had sent an army of horse , foot , and cannon , under the command of the earle of bedford into the west , to apprehend the marquesse of hertford , who was there in a peaceable manner without any force , till he was compelled to raise the same for his defence , and to preserve the peace of those counties , invaded by an army ; and then when his majesty was compelled for those reasons to erect his standard , with what tendernesse he did it towards the two houses of parliament , cannot better appear then by his owne words , in his declaration published the same day on which that proclamation issued out , which are these , what our opinion and resolution is concerning parliaments we have fully expressed in our declarations ; we have said , and will still say , they are so essentiall a part of the constitution of this kingdome , that we can attaine to no happinesse without them , nor will we ever make the least attempt ( in our thought ) against them ; we well know that our self and our two houses make up the parliament , and that we are like hipocrates twins , we must laugh and cry , live and die together ; that no man can be a friend to the one , and an enemy to the other ; the injustice , injury , and violence offered to parliaments is that which we principally complaine of ; and we again assure all our good subjects , in the presence of almighty god , that all the acts passed by us this parliament shall be equally observed by us , as we desire those to be which do most concern our rights ; our quarrell is not against the parliament , but against particular men , who first made the wounds , and will not suffer them to be healed , but make them deeper and wider by contriving , fostering , and fomenting mistakes and jealousies betwixt body and head , us and the two houses , whom we name , and are ready to prove them guilty of high treason , &c. and then his majesty names the persons . this was the king's carriage towards , and mention of , the parliament ; very different from theirs , who are now possessed of the soveraigne power ; the army ; who in their remonstrance of the of june last , use these words , we are in this case forced ( to our great grief of heart ) thus plainly to assert the present evill and mischief , together with the future worse consequences of the things lately done , even in the parliament it self , which are too evident and visible to all , and so in their proper colours to lay the same at the parliament dores , untill the parliament shall be pleased either of themselves to take notice and rid the house of those , who have any way mis-informed , deluded , surprized , or otherwise abused the parliament to the passing such foule things there , or shall open to us and others some way , how we may , &c. which would not have been mentioned here , if they had been onely the extravagant act , and words of the army , but they are since justified , and made the words of the two houses by their declaring in their late declaration of the of march , in answer to the papers of the scots commissioners , that if there be any unsound principles in relation to religion or the state in some of the army , as in such a body there usually are some extravagant humours , they are very injuriously charged upon the whole army , whereof the governing part hath been very carefull to suppresse , and keep down all such peccant humours , and have hitherto alwaies approved themselves very constant and faithfull to the true interest of both kingdomes , and the cause wherein they have engaged , and the persons that have engaged therein ; so that this remonstrance , being the act of the generall , lieutenant-generall , and the whole councell of war , ( which is sure the governing part ) it is by this declaration fully vindicated to be the sense of the two houses . . the setting up a mock parliament at oxford to oppose and protest against the parliament of england , which his majesty and both houses had continued by act of parliament , is in the next place objected against his majesty . there was neither reall nor mock parliament set up at oxford , but when the king found that most of the members of either house were driven from westminster by force as his majesty had been , and yet that the authority and reputation of parliament was applied for the justification of all the rebellious acts which were done , even to the invitation of forain power to invade the kingdome ; as well for the satisfaction of his people that they might know how many of the true members of parliament abhorred the acts done by that pretended authority ; as for his owne information , his majesty by his proclamation of the of decemb. in the year , . invited all the members of both houses , who had been driven , or ( being conscious of their want of freedome ) had withdrawn from westminster , to assemble at oxford upon the of january following , when ( he said ) all his good subjects should see how willing he was to receive advice for the religion , laws , and safety of the kingdome , from those whom they had trusted , though he could not receive it in the place where he had appointed ; upon which summons and invitation by his majesty , eight and forty peers attended his majesty , there being at least twenty others imployed in his armies , and in the severall counties , whose attendance was dispenced with , and nine others in the parts beyond the seas , with his majesties leave ; and of the house of commons above one hundred and forty , there being likewise absent in the armies neer thirty more , who could not be conveniently present at oxford . when his majesty found the appearance so great , and so much superiour in number , as well as quality , to those at westminster , he hoped it would prove a good expedient to compose the minds of the other to a due consideration of the misery , into which they had brought their country ; and referred it to them to propose any advice , which might produce so good an effect ; what addresses and overtures were then made by them , and afterwards by his majesty to perswade them to enter upon any treaty of peace , and with what contempt and scorne the same was rejected , will be too long to insert here , and is sufficiently known to the world ; thereupon this body of lords and commons published a declaration to the kingdome , at large setting forth the particular acts of violence , by which they had been driven from westminster , and by which the freedome of parliament was taken away , and then declared how much they abhorred the undutifull and rebellious acts , which were countenanced by those who staid there , and declared their own submission and allegiance to his majesty ; and in the end concluded , that as at no time either or both houses of parliament can by any orders or ordinances impose upon the people without the king's consent , so by reason of the want of freedome and security for all the members of the parliament to meet at westminster , and there to sit , speak , and vote with freedome and safety , all the actions , votes , orders , declarations and pretended ordinances made by those members who remaine still at westminster were void and of none effect ; yet they said they were far from attempting the dissolution of the parliament , or the violation of any act made and confirmed by his majesty , but that it was their grief in the behalf of the whole kingdome , that since the parliament was not dissolved , the power thereof should by the treason and violence of those men , be so far suspended , that the kingdome should be without the fruit and benefit of a parliament , which could not be reduced to any action , or authority , till the liberty and freedome due to the members should be restored and admitted ; which declaration hath not onely ever received any answer , but with great care hath not been suffered to be printed in the last collection of orders and declarations , where the other proceedings at oxford of that time are set forth , that the people may lose that evidence against them , which can never be answered or evaded . this was that assembly , which these declarers call the mock parliament at oxford , and these the proceedings of it ; of the justice and regularity whereof , if there could have been heretofore any doubt made , the same is lately vindicated sufficiently by both houses : for if those lords and commons at oxford might not justifiably absent themselves from westminster , where their safety and freedome was taken from them ; by what right or authority could a smaller number withdraw themselves in july last upon the same pretence ? and if that body of lords and commons regularly convened by his majesties authority to oxford , who had first called them together at westminster , might not declare the acts made by those who remained at westminster void and of none effect , because they might not attend there and vote with freedome and safety ; by what imaginable authority could the speaker of the house of commons ( who hath no more freedome or power to make any such declaration , then every single member of the house ) declare , that such and such votes passed in the house were void and null ? and that the omission of a circumstance or some formality in the adjournment of the houses could not be any prejudice to the future meetings and proceedings of parliament , when it might meet and sit again as a free parliament , as he did by his own single declaration in july last : whereupon that powerfull umpire ( the army ) very frankly declared , that all such members of either house of parliament , as were already with the army for the security of their persons and were forced to absent themselves from westminster , that they should hold and esteem them , as persons in whom the publique trust of the kingdome was still remaining , though they could not for the present sit as a parliament with freedome and safety at westminster , and by whose advice and counsels they desired to governe themselves in the managing those weighty affairs ; and to that end invited them to make their repair to the army , and said , they held themselves bound to own that honourable act of the speaker of the house of commons , who had actually withdrawn himself , and they engaged to use their utmost and speedy endevour , that he and those members of either house , that were then inforced any way from westminster , might with freedome and security sit there , and againe discharge their trust , as a free and legall parliament ; and in the meane time , they did declare against that late choice of a new speaker by some gentlemen at westminster , as contrary to all right , reason , law , and custome , and professed themselves to be most cleerly satisfied in all their judgments , and were confident the kingdome would therein concur with them ; that as things then stood , there was no free nor legall parliament sitting , being through the foresaid violence at present suspended ; and that the orders , votes , or resolutions forced from the houses on munday the of july last , as also all such , as should passe in that assembly of some few lords and gentlemen at westminster , under what pretence and colour soever , were void and null , and ought not to be submitted to by the free-borne subjects of england . it is not denied , that the presentation of those humble desires of the young men and apprentices of the city of london to both houses on the of iuly last , by which they compelled them to reverse and repeale two severall acts of both houses passed but three daies before , was most destructive to the priviledge and freedome of parliament ; and no question the speakers and members of both houses had good reason to withdraw and absent themselves upon that violation ; but it is affirmed , that the freedome of parliament , was as much obstructed by severall other acts preceding , as it was on the of iuly last ; and that the members of both houses , who attended his majesty at oxford , had as great reason to withdraw themselves , and at least , as much authority to declare their want of freedome , as the speaker and the others had then , or the army to declare on their behalfs . when the tumults brought down by manwaring and ven , compelled the house of peers to passe the act of attainder against the earle of strafford , to which the fifth part of the peers never consented , ( the rest being driven from thence ) and afterwards so absolutely forced his majesty to signe it , that it cannot be called his act , his hand being held and guided by those who kept daggers at his breast , and so his royall name affixed by them ; and it being told him at his counsell board , by those who were sworn to defend him from such violence , that if it were not done in that instant , there would be no safety for himself , his royall consort , or his progeny , the rabble having at that time besieged his court : the freedome of parliament was no lesse invaded , then it was on the of iuly last . when the same captain ven , then a member of the house of commons ( in november and december , . ) sent notes in writing under his hand into the city , that the people should come downe to westminster , for that the better part of the house was like to be over-powred by the worser part , whereupon at that time and some daies after multitudes of the meanest sort of people , with weapons not agreeing with their condition , or custome , in a manner contrary and destructive to the priviledge of parliament , filled up the way between both houses , offring injuries both by words and actions to , and laying violent hands upon severall members , proclaiming the names of severall of the peers , as evill and rotten hearted lords , crying many howers together against the established laws in a most tumultuous and menacing way ; and when this act was complained of to the house of commons , and witnesses offered to prove capt. ven guilty of it ; and a fellow who had assaulted and reproached a member of the house of commons in those tumults coming again to that bar with a petition shewed , and complained of to that house ; and yet in neither of these cases , justice , or so much as an examination could be obtained , and when these proceedings were so much countenanced by particular members , that when the house of peers complained of them as derogatory to the freedome as well as dignity of parliament ; mr. pim said , god forbid we should dishearten our friends , who came to assist us : no doubt the freedome and safety of the parliament was no lesse in danger and violated then it was on the of iuly last . when in ianuary , . ( after the first proposition concerning the militia was brought to the house of peers , and by them rejected ) a petition was brought in a tumultuous manner to the house of lords , in the name of the inhabitants of hertford-shire , desiring liberty to protest against all those as enemies to the publique , who refused to joyne with the honourable lords , whose endevours were for the publique good , and with the house of commons for the putting the kingdome into a posture of safety under the command of such persons , as the parliament should appoint ; when other petitions of that nature , and in the same manner delivered , were presented to that house , concluding that they should be in duty obliged to maintain their lordships , so far as they should be united with the house of commons in their just and pious proceedings ; when at the same time a citizen accompanied with many others said at the bar of the house of commons , without reprehension , that they heard there were lords , who refused to consent and concur with them , and that they would gladly know their names . when that signall petition of many thousand poor people was delivered to the house of commons , which took notice of a malignant faction , that made abortive all their good motions , and professed that unlesse some speedy remedy were taken for the removing all such obstructions , as hindred the happy progresse of their great endevours , the petitioners would not rest in quietnesse , but should be forced to lay hold on the next remedy , that was at hand to remove the disturbers of the peace ; and when that monstrous petition was carried up to the house of peers , by an eminent member of the commons , as an argument to them to concur with the commons in the matter of the militia ; and that member desired , that if the house of commons was not assented to in that point ▪ those lords who were willing to concur , would find some means to make themselves known , that it might be known , who were against them , and they might make it known to those who sent them : upon which petition so strangely framed , countenanced , and seconded , many lords thereupon withdrawing themselves , in pure fear of their lives , the vote in order to the militia twice before rejected , was then passed : the freedome of parliament was as absolutely invaded , as it was on the of july last . in august , . the house of commons agreed , after a long and solemn debate to joyne with the lords in sending propositions of peace to the king ; the next day printed papers were scattered in the streets , and fixed upon the publique places both in the city , and the suburbs , requiring all persons wel-affected , to rise as one man , and to come to the house of commons next morning , for that irish rebels were landed ; which direction and information was that day likewise given in pulpits by their seditious preachers ; and in some of those papers it was subscribed , that the malignant party had over-voted the good , and if not prevented , there would be peace ; a common councell was called late at night , though sunday , and a petition there framed against peace , which was the next morning brought to the house , countenanced by alderman penington , who ( being then lord major of london ) that day came to the house of commons , attended with a great multitude of mean persons , who used threats , menaces , and reproaches to the members of both houses ; their petition took notice of propositions passed by the lords for peace , which ( if allowed ) would be destructive to religion , laws , and liberties , and therefore desired an ordinance according to the tenour of an act of their common councell the night before ; thanks were given by the commons , whilst the lords complained of the tumults , and desired a concurrence to suppresse them , and to prevent the like , many of the people telling the members of both houses , that if they had not a good answer , they would be there the next day , with double the number : by these threats , and this violence , the propositions formerly received were rejected , and all thoughts of peace laid aside : and then surely the freedome of parliament was as much taken away , as on the of iuly last . in a word , when the members of both houses were compelled to take that protestation , to live and die with the earle of essex , and some imprisoned and expelled for refusing to take it ; when they were forced to take that sacred vow and covenant of the of iune , . by which they swore , that they would to their power assist the forces raised and continued by both houses of parliament against the forces raised by the king ; when they were compelled to take the last solemn league and covenant , that oath corban , by which they conceive themselves absolved from all obligations divine and humane , as their predecessours ( the jewes ) thought they were discharged by that ( though they had bound themselves ) not to help or relieve their parents ; and lastly , when the army marched to london in the beginning of august last , in favour of the speakers and those members , who had resorted to them , and brought them back to the houses , and drove away some , and caused others of the members of a contrary faction to be imprisoned , and expelled the houses , the liberty and freedome of parliament was no lesse violated and invaded , then it was on the of iuly last . upon these reasons , and for want of the freedome so many severall waies taken from them , those lords and commons , who attended his majesty at oxford , had withdrawne themselves from westminster , and might then , as truly and more regularly have said , what the army since with approbation and thanks have said , on the of iune last , that the freedome of this parliament is no better , then that those members , who shall according to their consciences endeavour to prevent a war , and act contrary to their waies ; who ( for their owne preservation ) intend it , they must do it with the hazard of their lives : which being a good reason for those lately to go to st. albons or hounslow heath , cannot be thought lesse justifiable for the other to go to oxford . since this objection of calling the members of parliament to oxford is not of waight enough to give any advantage against his majesty to his enemies , they endeavour to make their entertainment and usage there very reproachfull with his friends , and would perswade them to believe themselves derided in that expression of the kings in a letter to the queen , where he calls them a mungrell parliament , by which they infer , what reward his own party must expect , when they have done their utmost to shipwrack their faith and conscience to his will and tyranny . indeed they , who shipwrack their faith and conscience have no reason to expect reward from the king , but those lords and gentlemen who attended his majesty in that convention well know , that never king received advice from his parliament with more grace and candor , then his majesty did from them ; and their consciences are too good to think themselves concerned in that expression , if his majesty had not himself taken the pains to declare to what party it related ; besides , it is well known , that some who appeared there with great professions of loyalty , were but spies , and shortly after betrayed his majesties service , as sir john price and others in wales , and some since have alleaged in the house of commons , or before the committee for their defence to the charge of being at oxford at that assembly , that they did the parliament more service there , then they could have done at westminster ; so that the king had great reason to think he had many mungrels there . . the last charge is the making a pacification in ireland ▪ and since that a peace ; and granting a commission to bring over ten thousand irish to subdue the parliament , and the rebellious city of london , and the conditions of that peace . that loud clamour against the cessation in ireland was so fully & clearly answered by the king's cōmissioners at the treaty at uxbridge , that there can no scruple remain with any , who have taken the pains to read the transactions in that treaty ; it plainly appears , that the king could not be induced to consent to that cessation , till it was evident that his protestant subjects in that kingdome could not be any other way preserved ; the lords justices and councell of that kingdome signified to the speaker of the house of commons by their letter of the of april , ( which was above six months before the cessation ) that his majesties army and good subjects there , were in danger to be devoured for want of needfull supplies out of england , and that his majesties forces were of necessity sent abroad , to try what might be done for sustaining them in the country , to keep them alive till supplies should get to them , but that designe failing them , those their hopes were converted into astonishment , to behold the miseries of the officers and souldiers for want of all things , and all those wants made insupportable in the want of food , and divers commanders and officers declaring they had little hope to be supplied by the parliament , pressed with so great importunity to be permitted to depart the kingdome , as that it would be extreame difficult to keep them there , and in another part of that letter , they expressed , that they were expelling thence all strangers , and must instantly send away for england thousands of poor dispoyled english , whose very eating was then insupportable to that place , that their confusions would not admit the writing of many more letters , if any , ( for they had written divers others expressing their great necessities : ) and to the end his majesty and the english nation , might not irrecoverably and unavoidably suffer , they did desire , that then ( though it were almost at the point to be too late ) supplies of victuall and ammunition in present might be hastened thither to keep life , untill the rest might follow , there being no victuall in the store , nor a hundred barrels of powder ( a small proportion to defend a kingdome ) left in the store , when the out-garrisons were supplied , and that remainder according to the usuall necessary expence besides extraordinary accidents would not last above a month ; and in that letter they sent a paper signed by sundry officers of the army delivered to them , as they were ready to signe that dispatch , and by them apprehended to threaten imminent danger ; which mentioned that they were brought to that great exigent , that they were ready to rob and spoile one another , that their wants began to make them desperate ; that if the lords justices and councell there did not find a speedy way for their preservation , they did desire , that they might have leave to go away ; that if that were not granted , they must have recourse to the law of nature , which teacheth all men to preserve themselves . the two houses , who had undertaken to carry on that war , and received all the mony raised for that service , neglecting still to send supplies thither ; the lords justices , and councell by their letters about the middle of may , advertised the king , that they had no victuall , cloths , or other provisions , no mony to provide them of any thing they want ; no armes , not above forty barrels of powder ; no strength of serviceable horse ; no visible means by sea or land of being able to preserve that kingdome . and by others of the of iuly , that his armies would be forced through wants to disband or depart the kingdome , and that there would be nothing to be expected there , but the instant losse of the kingdome , and the destruction of the remnant of his good subjects yet left there . this was the sad condition of that miserable kingdome , to whose assistance his majesty was in no degree ( of himself ) able to contribute ; and his recommendation and interposition to the two houses , whom he had trusted , was so much contemned , that when upon their order to issue out , at one time , one hundred thousand pounds of the monies paid for ireland , to the supply of the forces under the earl of essex , ( albeit it was enacted by the law upon which those monies were raised , that no part of it should be imployed to any other purpose then the reducing the rebels of ireland ) his majesty by a speciall message advised and required them to retract that order , and to dispose the monies the right way , the necessities of ireland being then passionately represented by those upon the place , they returned no other satisfaction or answer to his majesty , but a declaration , that those directions given his majesty for the retracting of that order , was a high breach of priviledge of parliament . when his majesty perceived that no assistance was , or was like to be applied to them , and that the enemy still increased in strength & power , he referred the consideration and provision for themselves , to those , whose safeties and livelyhoods were most immediately concerned , and who were the nearest witnesses of the distresses , and the best judges , how they could be borne , or how they were like to be relieved ; and so with the full advice and approbation of the lords justices and councell there , and concurrent opinion of all the chief officers of the army , that cessation was made , by which onely the protestants in that kingdome , and his majesties interest there could at that time have been preserved . of this cessation , neither his majesties good subjects in that or this kingdom , have reason to complain . examine now the peace , which they say was afterwards made , on such odious , shamefull , and unworthy conditions , that his majesty himself blushed to owne , or impart to his owne lieutenant the earle of ormond , but a private commission was made to the lord herbert to manage it . whilst the king had any hope of a tolerable peace in this , or a probable way of carrying on the war in that kingdome , he never gave a commission to conclude a peace there , and it plainly appears by the relation of the treaty at uxbridge , ( to the truth of which there hath not been the least objection ) the acts of the commissioners of both sides being extant , that there was no expedient proposed ( though desired often on the king's party ) for the proceeding in that war , but that his majesty would quit absolutely all his regall power in that kingdome , and so put all his subjects there ( english and irish ) out of his protection , into that of the two houses of parliament here , who at the same time were fighting for the same supremacy in this , and who had at the same time disposed a greater power thereof to the scots , then they reserved to themselves ; it concerned the king then in piety and policy , in his duty to god and man , to endevour to preserve that kingdom by a peace , which he could not reduce by a war , and to draw from thence such a body and number of his own subjects , as might render him more considerable to those , who , having put off all naturall allegiance , and reverence to his majesty , looked only what power and strength , and not what right he had left . the peace that was concluded , was upon such tearms and conditions , as were in that conjuncture of time just and honourable ; and when it could not be continued without yeilding to more shamefull and lesse worthy conditions , the marquesse of ormond , his majesties lieutenant of that kingdome , ( who had the sole and intire authority from his majesty to conclude a peace , and against whom all their envy , and all their malice , hath not been able to make the least objection ) best knowing his masters mind , chose rather to make no peace , and to trust providence with his majesties rights , then to consent to such propositions ; nor had the lord herbert ever any commission to make a peace there , but being a person , whose loyalty and affection to his service , the king had no reason to suspect , and being of the same religion with the enemy , might have some influence upon them , was qualified with such a testimony , as might give him the more credit amongst them to perswade them to reason : his restraint and commitment was very reall by the whole councell board there , though when it appeared that his errors had proceeded from unskilfulnesse and unadvisednesse , and not from malice , he was afterwards inlarged by the same power . the unnaturall conclusions and inferences these men make from what the king hath said or done , applying actions done lately , to words spoken seven years before , cannot cast any blemish upon the kings religion , which ▪ shines with the same lustre in him , as it did in the primitive martyrs ; and even those letters taken at nazeby , ( which no wise rebel , or gallant enemy would have published ) will to posterity appear as great monuments of his zeale to the true protestant religion , in those straits in which he was driven by those who professed that religion , as any prince hath left , or have been left by any prince since christianity was imbraced : and if that religion should prosper with lesse vigour , then it hath done , and the christian and pagan world have lesse reverence towards it , then they have had , these reformers may justly challenge to themselves the honour and glory of that declension , and triumph in the reproaches they have brought upon the most orthodox church , that hath flourished in any age since the apostles time . these charges and reproaches upon the king , which have been now particularly examined and answered , and of which the world may judge , are aggravated by the king 's so often refusing their addresses for peace ; the truth of which suggestions ( though for method sake the order of their declaration hath been inverted ) must be now considered , and all of that kind , which is scattered and dis-jointed in the declaration , shal for the same method sake be gathered together and resolved ; and in this argument they seem to think , they are so much upon the advantage ground , that they are rather to make an apology to the world , for having so often made addresses to their king , then for resolving to doe so no more ; that is , for enduring so long to be subjects , then for resolving hereafter to be so no more . the truth is , they never yet made any one addresse for peace ; onely somtime offered to receive his crown , if his majesty would give it up to them , without putting them to fight more for it , for other sense or interpretation , no propositions yet ever sent to him can bear ; and whereas they say , they must not be so unthankfull to god , as to forget they were never forced to any treaty , it is affirmed , that there are not six members , who concur in this declaration , who ever gave their consent to any treaty , that hath yet been , but when they were forced by the major part to consent to it , they were so unthankfull to god for the opportunity of restoring a blessed peace to their country , that they framed such propositions , and clogged their commissioners with such instructions , as made any agreement impossible . though no arithmetique , but their own , can reckon those seven times , in which they have made such applications to the king , and tendred such propositions , that might occasion the world to judge , they had not only yeilded up to their wills and affections , but their reason also , and judgment , for obtaining a true peace and accommodation ; yet it will be no hard matter shortly to recollect the overtures , which have bin made on both sides , and thence it may best appear whether the king , never yet offred any thing fit for them to receive , or would accept of any tender fit for them to make . what propositions were made by them to prevent the war , need not be remembred , who ever reads the nineteen sent to him to yorke , will scarce be able to name one soveraigne power , that was not there demanded from him ; nor can they now make him lesse a king , then he should have been , if he had consented to those . after his standard was set up , and by that his majesty had shewed that he would not tamely be stripped of his royall power , without doing his best to defend it , he sent a message before bloud was yet drawn from nottingham , to desire that some fit persons might be inabled by them , to treat with the like number , to be authorized by his majesty , in such a manner , and with such freedome of debate , as might best tend to that happy conclusion , which all good men desired , the peace of the kingdome ; to which gracious overture from his majesty , the answer was , that untill the king called in his proclamations and declarations , and took down his standard , they could give him no answer . and at the same time published a declar : to the kingdome , that they would not lay down their arms , untill the king should withdraw his protection from all such persons , as had been voted by both houses to be delinquents ; or should be voted to be such ; that their estates might be disposed to the defraying of the charges the common-wealth had been put to ; and who they meant by those delinquents , they had in a former declaration to the inhabitants of york-shire expressed , that all persons should have reparation out of the estates of all such persons in any part of the kingdome whatsoever , who had withdrawn themselves to yorke , and should persist to serve the king , &c. this was one of their applications , in which they had yeilded up their wills and affections , and their reason and judgment for obtaining peace . they say , they have cause to remember that the king somtimes denied to receive their humble petitions for peace : the which they had rather should be believed in grosse , then trouble themselves with setting down the time , and manner when it was done ; but out of their former writings it is no hard matter to guesse what they meane : when the king was at shrewsbury , and the earle of essex at worcester towards the end of september , . the two houses sent a petition to their generall , to be presented to his majesty in some safe and honourable way ; in which petition they most humbly besought his majesty , to withdraw his person from his own army , and to leave them to be suppressed by that power , which they had sent against them , and that he would in peace and safety without his forces return to his parliament . the earl of essex by letter to the earle of dorset , who then attended his majesty , intimated that he had a petition from both houses to be delivered to his majesty , and for that purpose desired a safe conduct for those , who should be sent with it ; the earle of dorset ( by his majesties command ) returned answer , that as he had never refused to receive any petition from his houses of parliament , so he should be ready to give such a reception and answer to this , as should be fit , and that the bringers of it should come and go with safety , onely he required that none of those persons , whom he had particularly accused of high treason ( which at that time were very few ) should by colour of that petition be imployed to his majesty . this answer was declared to be a breach of priviledge , and so that petition , which ( as his majesty saies in his answer to the declaration of the of october ) was fitter to be delivered after a battle and full conquest of him , then in the head of his army , when it might seem somwhat in his power whether he would be deposed or no , was never delivered to his majesty , and this is the petition , which they now say he somtimes denied to receive . they say that when they desired him to appoint a place for a committee of both houses to attend his majesty with propositions for peace , he named windsor , promising to abide thereabouts till they came to him , but presently marched forward so neer london , that he had almost surprized it , whilst he had so ingaged himself for a treaty . this likewise refers to the petition sent to his majesty at colebrooke ; and all the circumstances were fully answered by his majesty in his declaration upon that occasion , when this aspertion was first unreasonably cast upon him ; it is true , after the battle at edge-hill , when they could no longer perswade their friends of the city , that the king's forces were scattered , and their army in pursuit of him , but in stead thereof , they had pregnant evidence , that his majesties army was marching towards them , and was possessed of reading , whilst the earl of essex continued still at or about warwicke , on the of november , they resolved to send an overture to his majesty concerning peace ; and though it must not be said they were forced to that addresse , yet truly who ever reads that petition which was brought to his majesty to colebrooke , will be of opinion by the stile of it , that they were fuller of fear , or of duty , then they were when they rejected his majesties offer from notingham , or then they were ten daies after , or ever since : that petition was answered with all imaginable candor by his majesty ; and windsor chosen if they would remove their garrison out of it , for the place of treaty : but when the messengers were returned , who made not the least mention of a cessation , it appeared by sure intelligence that the earl of essex , who had the night before brought his army to or neer london , after those messengers were dispatched to his majesty , had drawn a great part of his forces , and the london traine bands towards his majesty , and sent others to acton on the one side , and kingston on the other ; so that there being likewise a garrison at windsor , if the king had staid at colebrooke , he had been insensibly hemmed in , and surrounded by the enemy ; whereupon he took a sudden resolution to advance to brainceford ; thereby to compell them to draw their body together , & so making his way through that towne with the defeat of a regiment or two which made resistance there , and thereby causing those at kingston to remove , the king went to his own house at hampton court , and having there in vaine expected the commissioners from the houses to treat , retired to reading , where he staid , till he found they had given over all thought of treaty , and they sent him a new scornfull petition , to returne to his parliament with his royall , not his martiall attendance . in january following , the importunity of the city of london , and generall clamour of the people forced them to pretend an inclination to peace ; and so they sent propositions to his majesty , which though but in number , contained the whole matter of the former . with an addition of some bils ready passed the two houses , to which his royall assent was demanded , one of which was for the extirpation and eradication of the whole frame of church-government ; and another for the confirming an assembly of such divines as they had chosen , to devise a new government , which they were so much the fitter to be trusted with ▪ because in the whole number , ( which consisted of above one hundred , and might be increased as they thought fit ) there were not above a dozen , who were not already declared enemies to the old , to the which notwithstanding there were few of them who had not subscribed , and a promise required from his majesty , that he would give his assent to all such bils which the two houses should hereafter present to him , upon consultation with that assembly . how extravagant soever these propositions were , the king so much subdued and suppressed his princely indignation , that he drew them to a treaty even upon those propositions , expecting ( as he expressed in his answer , when he proposed the treaty ) that such of them as appeared derogatory from , and destructive to his just power and prerogative , should be waved , and many other things that were darke and doubtfull in them , might be cleared and explained upon debate ; and concluding that if they would consent to a treaty , they would likewise give such authority and power of reasoning to those , whom they should trust , that they might either give or take satisfaction upon those principles of piety , honour , and justice , as both sides avowed , their being governed by . how that treaty was managed , how their commissioners were limited and bound up by their instructions , that they had no power to recede from the least materiall tittle of the propositions upon which they treated ; how they were not suffered to stay one houre beyond the time first assigned to them , albeit his majesty earnestly desired the treaty might be continued , till he had received an answer to propositions of his owne , which he had sent to the houses , because the committee had no power to answer them ; and how the same day their commissioners left oxford ; the earl of essex marched with his whole army to besiege reading , is known to all men , who may conclude thereupon , that they never intended that treaty should produce a peace . on the other side , the king proposed only , that his ships might be restored to him , and his castles , and revenue , which by the confession of all had been violently taken from him ; and that his majesty and the members of both houses , who had been driven from westminster might either return thither , upon such a provision as might secure them against tumults for the future ; or that the parliament might be adjourned to some safe place , and so all armies presently to be disbanded : to which proposition from his majesty , they never vouchsafed to return answer , and the king after he had above a month in vain expected it from them ; and in that time received a good supply of ammunition , which he was before thought to want , sent another message by mr. alexander hambden on the of may , . in which he told them , that when he considered that the scene of all the calamity was in the bowels of his own kingdome , that all the bloud which was spilt was of his owne subjects ; and that what victory it should please god to give him , must be over those who ought not to have lifted up their hands against him ; when he considered that those desperate civill dissentions , might encourage and invite a forain enemy to make a prey of the whole nation ; that ireland was in present danger to be lost ; that the heavy judgments of god , plague , pestilence , and famine , would be the inevitable attendants of this unnaturall contention ; and that in a short time there would be so generall a habit of uncharitablenesse and cruelty contracted throughout the kingdome , that even peace itself would not restore his people to their old temper and security ; his majesty could not suffer himself to be discouraged though he had received no answer to his former message , but by this did again with much earnestnesse desire them to consider what he had before offred , which gave so fair a rise to end those unnaturall distractions . this most gracious message from the king , met with so much worse entertainment and successe then the former , as it was not only ever answer'd , but the messenger likewise ( being a gentleman of quality and singular integrity ) though he was civilly received by the house of lords , to whom he was directed , was by the house of commons apprehended and imprisoned , and never after freed from his restraint , till he ended his life , after a long and consuming sicknesse . this is the messenger they mean , who ( to excuse their inhumanity and cruelty towards him ) they say , at the same time he brought a specious message of renewing a treaty , was instructed how to manage that bloudy massacre in london , which was then designed by vertue of the kings commission , since published . before any thing be said of that plot , it is known , that gentleman was imprisoned many daies before there was any mention of a plot ; and the house of peers solemnly expostulated the injury done to them in it , and in vaine required his inlargement , which they would not have done , if there had been any other objection against him , then the comming without a passe from their generall , which was never understood to be requisite , till the house of commons very few daies before declared it to be so , albeit themselves sent messengers to the king without ever demanding a passe . now to the plot it self ; they have indeed published a narration of that plot , which served their turn barbarously to put two very honest men to death , and to undoe very many more ; and it is very probable they made that relation as full and clear , as their evidence enabled them to do , and yet who ever reads it , cannot conclude reasonably , that there was ever more in it , then a communion between honest men , of good reputation and fortunes , and desirous of peace , how they might be able to discountenance that disorderly rabble , which upon all occasions protested against peace , by appearing as strong and considerable in numbers as they , and which certainly ought to have found as great countenance and encouragement from the parliament , as the other ; these discourses produced a disquisition of the generall affections of the city , and that a more particular computation and estimate of the inclinations of particular men , and so mention of severall things which in such and such cases would be necessary to be done ; and these discourses being by the treachery of a servant discovered to those , who could compound plots and conspiracies out of any ingredients , they joyned those and a commission they had likewise met with , together , and so shaped a conspiracy , that they used as a scar-crow to drive away any avowed and publique inclinations for peace , the pressing whereof at that time was like to prove inconvenient to them ; but those discourses , and that commission , had not the least relation to each other , nor was there one man , who was accused of or privy to those discourses , whose name was in that commission , or indeed privy to it , which had issued out a good time before , and was to have been made use of ( being no other then a fair legall commission of array in english ) if the kings motion with his army towards those parts gave the people so much courage to appear for him ; nor can there be a sober objection against the kings granting such a commission , when they had their ordinances ready upon all occasions , to be executed in the kings quarters , and had named commissioners for that purpose in all the counties of the kingdome . but to proceed , in the overtures for peace , from the end of the treaty at oxford , which was in april , . they never made one overture or addresse to his majesty towards peace , till the end of november , . in the mean time what approaches the king made towards it must be remembred : after the taking of bristol , when his majesties strength and power was visible and confessed in the west , and in the north , and the enemies condition apparently low , and in many of their opinions even desperate ; the king albeit his last messenger was still in prison , and no answer to his messages , by his declaration of the of june , again renewed all the professions and offers he had before made , and told them , that revenge and bloud thirstinesse had never been imputed to his majesty by those , who had neither left his government or nature un-examined with the greatest boldnesse and malice , and therefore besought them to return to their allegiance : what passed from his majesty himself , and from the lords and commons at oxford in march following , and with what importunity , they desired there might be a treaty , by which some waies & means might be found , how a peace might be procured , and how peremptorily and disdainfully they rejected that desire in their answer to his majesty of the of march , because the greatest , and the greatest number of the peers of the kingdome , and the greatest part of the house of commons , then with his majesty at oxford , seemed by him to be put in an equall condition with them at westminster , though they had been content since to put the officers of the army into at least an equall condition with them , by treating with them , is to be seen and read , and needs no repetition . in july following , which was in the year . after he had routed the best part of sir william waller's army , and taken his cannon , his majesty sent from evesham another message to the two houses , to desire them , that there might yet be a cessation , and that some persons might be sent to him with any propositions that might be for the good of his people , and he would condescend to them : to which they never returned answer . two months after , on the of september , when he had totally defeated the army of the earl of essex in cornwall , taken all their cannon , armes , and baggage ; the king again sent to them , that the extraordinary successe with which god had blessed him in so eminent a manner , brought him no joy for any other consideration , then for the hopes he had , that it might be a means to make others lay to heart , as he did , the miseries brought and continued upon this kingdome by this unnaturall war , and that it might open their ears , and dispose their minds to imbrace those offers of peace and reconciliation , which had been so often and so earnestly made unto them by him , and from the constant and fervent endeavours of which he resolved never to desist : and so conjured them to consider his last message and to send him an answer : to this message likewise , they never sent answer : and these were the tenders made by his majesty , which they say were never fit for them to receive ; we shall now proceed to those they thought fit to offer , and accuse his majesty for not accepting . on the of november , . the committee from the two houses brought the propositions to the king , which , they say , were agreed on by the parliaments of both kingdoms not only as just , but necessary also for the very being of these kingdoms in a setled peace and safety : and which required his majesty to resigne up all his regall power in his three kingdomes , to those who sent those propositions ; to take their covenant , and injoyne all others to take it ; and to sacrifice all his owne party ( who had served him honestly and faithfully ) to the fury and appetite of those , who had cast off their allegiance to him , and to leave himself the meer empty name of a king. how the twenty daies were afterwards spent at uxbridge , is published to the world , in which the last observation made by the king's commissioners must not be forgotten , that after a war of neer foure years , for which the defence of the protestant religion , the liberty and property of the subject , and the priviledges of the parliament , were made the cause and grounds , in a treaty of twenty daies , nor indeed in the whole propositions upon which the treaty should be , there hath been nothing offered to be treated concerning the breach of any law , or of the liberty , or property of the subject , or priviledge of parliament , but onely propositions for the altering a government established by law , and for the making new laws , by which almost all the old are or may be cancelled ; and there hath been nothing insisted on of the kings part , which is not law , or denied by the kings commissioners that the other required , as due by law. for the protestation , which they say , was entred ( about the time of this treaty ) in the councell-book , and of which his majesty gave the queen account , it is known to be no other then a declaration , that by calling them a parliament , there could be no acknowledgment inferred , that he esteemed them a free parliament , which few at that time did believe them to be ; and they have since upon as small reasons confessed themselves not to be . they alleage , as a wonderfull testimony of their meeknesse and good nature , that after his majesties armies were all broken , so that in disguise he fled from oxford to the scots at newarke , and from thence went to newcastle , they tendred to him at newcastle , and afterwards , when the scots had left him to the commissioners of parliament , at hampton-court , still the same propositions in effect , which had been presented before in the midst of all his strength and forces : which is rather an argument that they had at first made them as bad as possibly they could , then that they were good since ; and ( considering the natures of these declarers ) there cannot be a more pregnant evidence of the ilnesse and vilenesse of those propositions , then that they have not made them worse ; nor is the condition in which they have now impiously put his majesty for his refusall , worse , then it had been , or would be ( his personall liberty only excepted ) if he consented to them ; and in one consideration it is much better , because it is now a confessed act of violence and treason upon him , which if he once consent to their propositions , they will ( when ever they find occasion ) appear legally qualified to do the same . they have once again out of their desire of his majesties concurrence descended to one other addresse to him , and they said , they did so qualifie the said propositions , that where it might stand with the publique safety , his wonted scruples and objections were prevented or removed , and yeilded to a personall treaty , on condition the king would signe but foure bils , which they judged not only just , and honourable , but necessary even for present peace and safety during such a treaty ; and upon his deniall of these , they are in despair of any good by addresses to the king , neither must they be so injurious to the people , in further delaying their setlement , as any more to presse his consent , to these or any other propositions . what the former propositions and addresses to his majesty have been , and how impossible it hath been for him to consent to them with his conscience , honour , or safety , appears before ; and how inconvenient it would have been to the kingdome if he had done it , they themselves have declared , by making such important alterations in respect of the english interest in those presented at newcastle , from the other treated on at uxbridge ; it will be fit therefore to examine these foure bils which were to be the condition of the treaty . one of these bils is , to devest his majesty and his posterity for ever of any power over the militia , and to transfer this right , and more then ever was in the crown , to these men , who keep him prisoner ; for it is in their power whether they will ever consent that it shall be in any other ; and to give them power to raise what forces they please , and what mony they think fit upon his subjects ; and by any waies or means they appoint , and so frankly exclude himself from any power in the making laws . there need no other answer , why it is not fit or possible for the king to consent to this , then what the commissioners from scotland gave to the houses , when they declared their dissent ; if the crownes have no power of the militia , how can they be able to resist their enemies , and the enemies of the kingdomes , protect their subjects , or keep friendship or correspondence with their allyes ? all kings by their royall office and oath of coronation are obliged to protect their laws and subjects , it were strange then to seclude the crown for ever from the power of doing that , which by the oath of coronation they are obliged to perform , and the obedience whereunto falleth within the oath of allegiance ; and certainly if the king and his posterity shall have no power in making laws , nor in the militia , it roots up the strongest foundation of honour and safety which the crown affords , and will be interpreted in the eyes of the world , to be a wresting of the scepter and sword out of their hands . nor can this just and honourable assertion be answered , and evaded , by saying , that the militia was the principall immediate ground of their quarrell , in order to the preservation of religion , and the just rights and liberties of the people ; and that the scots commissioners have often agreed with them in it , and that the kingdome of scotland fought together with them for it , and upon the ground thereof ; and that now they argue against their injoying it , almost in the very same words , as the king did at the beginning of the war in his declarations . it is no wonder that what these men have done , and the horrid confusion they have made , have evinced many truths , which appeared not so manifest to all understandings by what the king said , or that they have not so good an opinion of those , who tell them that there is another and a more naturall way to peace , and to the ending the war , then by agreement , namely by conquest ; as they had of them who with all imaginable solemnity swore that they would sincerely , really , and constantly endeavour with their estates and lives , mutually to preserve and defend the king's majesties person , and authority in the preservation and defence of the true religion , and liberties of the kingdomes , that the world may bear witnesse with their consciences of their loyalty , and that they had no thoughts or intentions to diminish his majesties power and greatnesse , which engagements might perswade many , that their purposes were other then they now appear to be . for that other power , they require to raise what monies they please , and in what way they please ; all the people of england will say , that which the army said honestly in their representation , agreed upon at newmarket on the & of june against the ordinance of indempnity , we shall be sorry that our relief should be the occasion of setting up more arbitrary courts , then there are already , with so large a power of imprisoning any free-men of england , as this bill gives , let the persons intrusted appear never so just and faithfull . indeed that is asked of his majesty by this bill , which the king can neither give , nor they receive ; the king cannot give away his dominion , nor make his subjects , subject to any other prince or power , then to that under which they were born ; no man believes that the king can transfer his soveraigne power to the french king , or the king of spaine , or to the states of the united provinces ; nor by the same reason can he transfer it to the states at westminster . and the learned and wise grotius ( who will by no means endure that subjects should take armes against their princes upon any specious pretences whatsoever ) concludes , si rex tradere regnum , aut subjicere moliatur , quin ei resisti in hoc possit non dubito , aliud enim est imperium , aliud habendi modus , qui ne mutetur obstare potest populus ; to the which he applies that of seneca , etsi parendum in omnibus patri , in eo non parendum , quò efficitur ne pater sit ; and it may be this may be the only case in which subjects may take up defensive armes , that they may continue subjects ; for without doubt no king hath power , not to be a king , because by devesting himselfe he gives away the right which belongs to others , their title to , and interest in his protection . the two houses themselves seemed to be of opinion , when in their declaration of the of may , . they said , the king by his soveraignty is not enabled to destroy his people , but to protect and defend them ; and the high court of parliament , and all other his majesties officers and ministers ought to be subservient to that power and authority , which law hath placed in his majesty to that purpose , though he himself in his own person should neglect the same : so that by their own judgment and confession it is not in the king's power to part with that , which they ask of him ; and it is very probable , if they could have prevailed with him to do it , they would before now have added it to his charge , as the greatest breach of trust that ever king was guilty of . they cannot receive what they ask , if the king would give it ; in the journall of the house of commons , they will find a protestation entred by themselves in the third year of this king , when the petition of right was depending , in the debating whereof some expressions had been used , which were capable of an ill interpretation ; that they neither meant , nor had power to hurt the king's prerogative : and the lord chief justice coke , in the fourth part of his institutes , published by their order since the beginning of this parliament , saies , that it was declared in the year of king edw. . by the lords and commons in full parliament , that they could not assent to any thing in parliament , that tended to the disherison of the king and his crowne , whereunto they were sworne : and judge hutton in his argument against ship-mony , printed likewise by their order since this parliament , agrees expresly , that the power of making war & leagues , the power of the coyne , and the value of the coynes ( usurped likewise by these declarers ) and many other monarchicall powers and prerogatives , which to be taken away , were against naturall reason , and are incidents so inseparable , that they cannot be taken away by parliament : to which may be added the authority of a more modern author , who uses to be of the most powerfull opinion , mr. martin , who saies , that the parliament it self hath not , in his humble opinion , authority enough to erect another authority equall to it self ; and these ambitious men , who would impiously grasp the soveraign power into their hands , may remember the fate which attended that ordinance in the time of king hen. . to which that king metu incarcerationis perpetuae compulsus est consentire , and by which the care and government of the kingdom was put into the hands of four and twenty ; how unspeakable miseries befell the kingdom thereby , and that in a short time , there grew so great faction and animosity amongst themselves , that the major part desired the ordinance might be repealed , and the king restored to his just power ; that they who refused came to miserable ends , and their families were destroyed with them , and the kingdome knew no peace , happinesse , or quiet , till all submission and acknowledgment , and reparation was made to the king , and that they got most reputation , who were most forward to return to their duty ; so that it is believed , if the king would transfer these powers , though many persons of honour and fortune have been unhappily seduced into this combination ; that in truth no one of those would submit to bear a part of that insupportable burthen , and that none would venture to act a part in this administration , but such whose names were scarce heard of , or persons known before these distractions . if the king should consent to another of their four bils , he should subvert the whole foundations of government , and leave himself , posterity , and the kingdome without security , when the fire , that now burns , is extinguished , by making rebellion , the legitimate child of the law ; for if what these men have done be lawfull and just , and the grounds upon which they have done it be justifiable , the like may be done again ; and besides this , he must acknowledge and declare all those who have served him faithfully , and out of the most abstracted considerations of conscience and honour , to be wicked and guilty men , and so render those glorious persons , who have payed the full debt they owed to his majesty and their country , by loosing their lives in his righteous cause , and whose memories must be kept fresh and pretious to succeeding ages , infamous after their deaths , by declaring , that they did ill , for the doing whereof , and the irreparable prejudice that would accrue thereby to truth , innocence , honour , and justice , all the empires of the world would be a cheap and vile recompence . nor can this impossible demand be made reasonable by saying , it would be a base and dishonourable thing for the houses of parliament being in that condition they are , to have treated under the gallows , to have treated as traytors , their cause being not justified , nor the declarations against them as rebels recalled . it would be a much more base and dishonourable thing , to renounce the old and new testament , and declare that they are not the word of god ; to cancell and overthrow all the lawes and government of the kingdome ; all which must be done , before their cause , or their manner of maintaining their cause can be justified : and if that were not perversly blind to their owne interest , they would know and discerne , that such an act is as pernitious to themselves , as to truth and reason , their own security depending on nothing more , then a provision , that no others for the time to come , shall do what they have done ; nor can they enjoy any thing , but on the foundation of that law they have endeavoured to overthrow . the king hath often offered an act of oblivion , which will cut down all gallows , and wipe out all opprobrious tearms , and may make the very memory and mention of treason and traytors , as penall , as the crimes ought to have been ; they who desire more , aske impossibilities , and that which would prove their own destruction ; and who ever requires their cause to be justified , can have no reason for doing it , but because he knows it is not to be justified . the end of the third bill is to dishonour those of his own party , whom he hath thought fit to honour ; and to cancell those acts of grace and favour he vouchsafed them , which is against all reason and justice , for if he had no power to confer those honours , there needs no act of parliament to declare or make them void ; if he had power , there is no reason , why they should be lesse lords upon whom he conferred that honour the last year , then those he shall create the next : nor is this proposition of the least imaginable moment to the peace of the kingdome , or security of a treaty ; though it be of no lesse concernment to his majesty , then the parting with one of the brightest flowers in his crown . the last bill is to give the two houses power to adjourn , to what place , and at what time they please , which by the act of continuance , they cannot now do , without the king's consent , though there is no reason they should attribute more to his person in that particular , then they doe in other things , to which his assent is necessary , and if they do indeed believe , that his regall power is virtually in them , they may as well do this act without him , as all the rest they have done . the king in his message of the of april , . rather intimated , then propounded the adjournment of the parliament to any place twenty miles from london , which the houses should choose , as the best expedient he could think of , for his owne and their security from those tumultuous assemblies which interrupted the freedome thereof ; to which though they returned no answer to his majesty , yet in their declaration after that treaty at oxford , they declared the wonderfull inconvenience and unreasonablenesse of that proposition ; the inconveniences that would happen to such persons that should have occasion to attend the parliament by removing it so far from the residency of the ordinary courts of justice , and the places where the records of the kingdome remaine ; that it would give a tacite consent to that high and dangerous aspersion of awing the members of this parliament , and it would give too much countenance to those unjust aspersions laid to the charge of the city of london , whose unexampled zeale and fidelity to the true protestant religion , and the liberty of this kingdome ( they said ) is never to be forgotten , and that they were wel-assured , that the loyalty of that city to his majesty , and their affections to the parliament , is such , as doth equall , if not exceed , any other place or city in the kingdome ; which reasons being as good now , as they were then , the king hath followed but their own opinion in not consenting to this bill . in a word ; all the world cannot reply to his majesties owne answer upon the delivery of these four bils , or justifie their proceeding , that when his majesty desires a personall treaty with them for the setling of a peace , they in answer propose , the very subject matter of the most essentiall part thereof to be first granted ; and therefore the king most prudently and magnanimously declares , that neither the desire of being freed from this tedious and irksome condition of life he hath so long suffered , nor the apprehension of what may befall him , shall make him change his resolution of not consenting to any act , till the whole peace be concluded ; for in truth nothing is more evident , then that if he passe these bils , he neither can be able to refuse any thing else they shall propose , for he hath reserved no title to any power , nor can have reason to do it , for having resigned his choicest regalities , it would be great improvidence to differ with them upon more petty concessions , and having made all honest men guilty , he could not in justice deny to refer the punishment of them to those , who could best proportion it to the crimes : so that a treaty could afterwards be to no other end , then to finish his owne destruction with the greater pomp and solemnity : whereas the end of a treaty is ( and it can have no other ) upon debate to be satisfied , that he may lawfully grant what is desired , that it is for the benefit of his people , that he should grant it , how prejuditiall soever it may seem to himself , and that being granted , himself shall securely enjoy what is left , how little soever it be , and that his kingdome shall by such his concessions be intirely possessed of peace and quiet ; the last of which cannot be , ( at least his majesty hath great reason to suspect it may not ) without the consent of the scots , who peremptorily protest against these four bils , and say that it is expresly provided in the article , that no cessation nor any pacification or agreement for peace whatsoever shall be made by either kingdome , or the armies of either kingdome without the mutuall advice and consent of both kingdomes , or their committees in that behalf appointed , which is neither answered , or avoided , by saying , that no impartiall man can read that article of the treaty , but he must needs agree , that it could be meant only whilst there was war , and armies on both sides in being ; and that it must of necessity end , when the war is at an end ; for besides that war is not , nor can be at an end , till there be an agreement , ( and if it be , why is there so great an army kept up in the kingdome ? ) by the same reason that article was so understood as it is now urged by the scots before their comming into the kingdome , it may be so understood after they are gone ; and that the houses themselves did understand it so , in the beginning of january , . before the scots army entred , appears by a declaration mr. st. johns made at that time in the name of the houses ( and printed by order ) to the city of london at guild-hall , upon the discovery of a cunning plot ( as they said ) to divide and destroy the parliament and the city of london , under the notion of peace ; and by engaging them in a treaty of peace , without the advice and consent of their brethren of scotland , which ( he said ) would be contrary to the late articles solemnly agreed upon by both kingdomes ▪ and to the perpetuall dishonour of this nation by breach of their publique faith engaged therein to that nation ; so that the two houses having given their judgment in the point , the king hath great reason , if he had no other , to have the whole well debated before him , and the severall interests weighed and agreed upon , before he give his consent to any particulars , which will else produce more mischief then his refusing all can possibly doe . nor will these and their other extravagant and licentious demands be better justified , by their undervaluing the kings present power , in their insolent question in their late declaration concerning the scots commissioners ( which in truth , throughout is but a paraphrase upon that speech of demetrius to his companions of the like occupation , sirs , you know that by this craft we have our wealth ) what can the king give them , but what they have already ? it is not out of their duty or good will to him , that they make any application to him , and if they did indeed believe , that his majesty could give them nothing , but what they have already , he should hear no more from them , but they very well know , they have yet nothing , except he give them more ; and that the man that is robbed and spoyled of all that he hath , when he hath procured a pardon for , and given a release to the thieves and robbers , he hath given them more , then they had before , and that which onely can make , what they had before of benefit and advantage to them ; they know and will feel the judgment upon the wicked man in job , he hath swallowed down riches , and he shall vomit them up again , god shall cast them out of his belly ; because he hath oppressed , and hath forsaken the poor , because he hath violently taken away a house which he builded not ; in the fulnesse of his sufficiency he shall be in straits : that all their reproachings and revilings with which they have triumphed over the lords anointed , must come into their bowels like water , and like oyle into their bones ; and that nothing can restore and preserve them , but the antidotes , and cordials , and balme , which the king only can administer ; they know very well , that even the most unfortunate kings , that ever have been in england , could never be destroyed without their own consent ; and that all their power , and strength , and successe ( though for a time it may oppresse ) can never subdue the crown without its owne being accessary to its own ruine ; and the king very well knows , that what he yet suffers is not through his own default , but by such a defection as may determine all the empires of the world , and that in the unspeakable miseries ( which all his good subjects have undergone ) he is yet innocent ; the conscience whereof hath refreshed him in all his sufferings , and maketh him superiour to their insolence , contempt and tyranny , and keeps him constant to his princely and pious resolution ; but that , if by any unhappy consent of his own , such an establishment shall be made , as shall expose himself , his posterity and people to misery , it will lie all upon his own account , and rob him of that peace of mind , which he now enjoyes and values above all the considerations of the world , well knowing that god requires the same , and no more of him , then he did of his servant joshuah , only be thou strong , and very couragious , that thou mayest observe to doe according to all the law which moses my servant commanded thee , turne not from it to the right hand , or to the left , that thou mayest prosper whithersoever thou goest . honest men and good christians will be lesse moved with their bold and presumptuous conclusion , which they have learned from their new confederates the turkes , that god himself hath given his verdict on their sides , in their successes ; not unlike the logick used by dionysius , who because he had a good gale of wind at sea , after he had sacked the temple of proserpine , concluded , that the immortall gods favoured sacriledge . it is very true , they have been the instruments of gods heavy judgments upon a most sinfull people , in very wonderfull successes , yet if they would believe solomon , they would find , there is a time wherein one man rules over another to his own hurt ; and prosperity was never yet thought a good argument of mens piety , or being in the right ; and yet if these men did enough think of god almighty , and seriously revolve the works of his owne hand throughout this rebellion , and since they had looked upon themselves as conquerours , they would be so far from thinking that he had given his verdict on their side , that they would conclude , that he hath therefore onely suffered to prosper to this degree , that his owne power and immediate hand might be more cleerly discerned and manifested in their destruction , and that the cause might appear to be his own by his most miraculous vindication of it . if master hambden had been lesse active and passionate in the businesse of the militia , which might have proceeded from naturall reason , and reformation of his understanding , the judgment and verdict of god would not have been so visible as it was in the loosing his life in that very . field , in which he first presumed to execute that ordinance against the king. if sir john hotham had never denied his majesty entrance into , and shut the gates of hull against him , from which naturall allegiance , and civill prudence might have restrained him , the judgment and verdict of god had been lesse evident then it was , when after he had wished , that god would destroy him and his posterity if he proved not faithfull to the king , at the same time that he had planted his cannon against him ; he and his son were miserably executed by the judgment of those , who but by his treason could never have been enabled to have exercised that jurisdiction ; and that having it in his power he should perfidiously decline to serve his majesty , and afterwards loose his head for desiring to do it , when he had no power to perform it . they who remember the affected virulency of sir alexander carew against the king , and all those who adhered to him ; and how passionately he extolled and magnified the perjury and treachery of a servant , as if he had done his duty to the kingdome by being false to his master the king ; and that this man afterwards should by the treachery of his servant be betrayed , and lose his head by their judgments , for whose sakes he had forfeited it to the king , cannot but think the verdict of god more visible then if he had contained himself within the due limits of his obedience , and never swarved from his allegiance . to omit infinite other instances , which the observation of all men can supply them with , the verdict of god had not been so remarkable and notorious , if the king had prevailed with his army , and reduced his rebellious subjects to their duty , which might naturally have been expected from the cause , and the fate that rebels usually meet with ; as that after a totall defeat of the king's forces , and their gaining all the power into their hands , they could possibly propose to themselves , they should not only be in more perplexity and trouble , then when they had a powerfull army to contend with , but in more insecurity and danger , then if they had been overcome by that army . that the city of london should be exposed to all imaginable scorn , contempt and danger , upon the same ordinance of the militia , by which their pride and sedition principally exposed the kingdome to the miseries it hath endured ; that the same arts and stratagems of petitions and acts of common councell with which they affronted the king , and drove him from them , should be applied to their own confusion and ruine . that those members who were the principall contrivers of our miseries , the most severe and uncharitable persecutors of all , who were not of that opinion , and the greatest cherishers of those tumults , which drove the king and all that wished well and were faithfull to him from westminster , should themselves be persecuted for their opinions by those , whom they had supported , and be driven thence by the same force ; and as they had to make the king odious to the people against their own consciences , cast aspersions on him of favouring the rebellion in ireland ; so themselves to the same end , should be accused of the obstructing the relief of ireland ; so that to some of them , that story of jason , ( which though it be not canonicall scripture , is yet canonicall history ) may be literally applied , who slew his own citizens without mercy , not considering , that to get the day of them of his own nation , would be a most unhappy day for him , who afterwards flying from city to city , was pursued of all men , hated as a forsaker of the laws , and being had in abomination , as an open enemy of his country and country-men , was cast out into aegypt : thus he that had driven many out of their country , perished in a strange land , and he that had cast out many unburied , had none to mourn for him , nor any solemn funerall at all , nor sepulcher with his fathers . that they who told the king , that if he should persist in the deniall of the militia , the dangers and distempers of the kingdome are such , as would endure no longer delay , but unlesse he would be graciously pleased to assure by those messengers , that he would speedily apply his royall assent to the satisfaction of their former desires , they should be inforced for the safety of his majesty and the kingdomes , to dispose of the militia by the authority of both houses in such manner as had been propounded , and they resolved to do it accordingly , and upon that ground did raise the rebellion against the king , that these men should be told by their own militia , that they were cleerly convinced and satisfied , that both their duties and trust for the parliament and kingdom , called upon them , and warranted them , and an imminent necessity inforced them , to make or admit of no longer delaies , but they should take such courses extraordinary , as god should enable and direct them unto , to put things to a speedy issue , unlesse by thursday next they received assurance and security to themselves , and the kingdome , that those things should be granted which they insisted on ; which were to have severall acts passed by the houses , speedily reversed , and other acts formerly refused , to be consented to , all which was done accordingly . that their own army should rebell against them upon the principles of their own declarations , which ( they tell them ) directed still to the equitable sense of all laws and constitutions , as dispensing with the very letter of the same , and being supreme to it , when the safety and preservation of all is concerned ; and assuring them that all authority is fundamentally seated in the office , and but ministerially in the persons ; and that it is no resisting of magistracy to side with the just principles and law of nature , and nations : all which were the very grounds and assertions upon which they raised and justified their rebellion against the king. lastly , that this very declaration which they hoped would prepare the minds and affections of the people with so much prejudice to his majesty , that they would concur with them in any desperate act against him and his posterity , should so much incense all sorts of people against them , that they are since looked on , as the most odious scum of men , that ever infested a nation ; and have lost more by it , then they have ever got by any victory . these are the visible instances of gods verdict in the cause , so that if they had ( with all their hypocriticall discourses of religion ) the least sense of gods favours , or fear of his judgments , if they had not said unto him , depart from us , for we desire not the knowledge of thy waies , they would before this have felt , that agony of heart , and trembling in their joynts , out of the very sense of the hand of god upon them , that they would take no rest , till they cast themselves at his feet whom they have offended , and imploy all their faculties towards repayring their gracious soveraign , and binding up the wounds of their almost ruined country . instead of which , to make their madness as publick and notorious as their rebellion , they have resolved , & published their resolutions to the kingdome : . that they will make no further addresse or application to the king . . that no person whatsoever shall make any , without their leave . . that whosoever shall break this order shall incur the penalties of high treason . . that they will receive no more any message from the king , and that no person shall presume to bring any message from the king to them , or to any other person . by the first and last of which , they have made and declared themselves no parliament ; for being called by the king 's writ to treat with him , if they will neither send to him , or hear from him , they can be no longer a parliament . by the second , they have taken away from the subjects of the three kingdomes , that which themselves acknowledge to be their naturall right and liberty , for they say ( and they say truly ) in their declaration of the of may , . that to present their humble desires and propositions to his majesty is a liberty incident unto them , not only as members of parliament , but as free-born subjects , yet this freedom is by this vote taken away . to the third there needs be no more said then what the army ( who no doubt will justifie what they say ) said upon this argument , not only to be denied the right and the liberty to petition , but withall by a censure , no lesse then capitall , to be exposed to a forfeiture of estate , liberty , life , and all , for but going to aske what a man conceives to be his due ; and this without ever asking , or hearing what he can say in his excuse ; would carry so high a face of injustice , oppression , and tyranny , as is not easie to be exampled in the proceedings of the most corrupt and arbitrary courts , towards the meanest single man : and they shall do well to remember their own judgment in their remonstrance of the of may , . in these words , if the solemn proclaiming a man traytor , signifie any thing , it puts a man , and all those that any way aide , assist , or adhere to him into the same condition of traytors , and draws upon him all the consequences of treason ; and if this may be done by law ; without due processe of law , the subject hath a very poor defence of the law , and a very small , if any proportion of liberty thereby ; and it is as little satisfaction to a man that shall be exposed to such penalties , by that declaration of him to be a traytor , to say , he shall have a legall triall afterwards , as it is to condemn a man first , and trie him afterwards . all the particulars of their declaration are now examined , and however these desperate men may flatter themselves , and how long soever they shall continue in this their damnable apostasie ; the present age and posterity will believe that in stead of rendring and making the king appear unworthy of , or unequall to the high office and charge , to which god hath advanced him , they have in truth vindicated him from all those aspertions and blemishes their malice had cast on him , and that he appears the most worthy the great trust he was born to , if he had no other title to it , then his admirable virtue & perfection : after the boldest & strictest inquisition , that was ever made into the life & manners of any gentleman ; after their examining all the actions , and all the words of his life , & with impious licence , perverting and torturing those actions and words with their unreasonable glosses , and interpretations ; after their breaking into his chamber , by corrupting his neerest servants , and thereby knowing what in any passion or indisposition he hath said or done ; after their opening his breast , and examining his most reserved thoughts , by searching his cabinets , perusing his letters , even those he had written in cipher to his dearest consort the queen , and his private memorials ; they have not been able to fix a crime or error upon him , which would draw a blush from the modestest cheek , nor by all their threats , and all their promises , to shake his pious and magnanimous resolutions ; so that in truth , their main trouble and vexation is no other , then david heretofore gave saul , who , when he saw that he behaved himself very wisely , he was afraid of him . but these miserable men must know , that if the king were as unjust , and as oppressing as they would have him believed to be , or as the best of them would be , if he were in his place ; they have not any title or qualification to use him as they have done : for if it were lawfull for subjects to take up armes against their soveraign , upon pretence , that he were injurious , and performed not the duty and office of a king , besides the confusion , that must follow , upon their assuming the judgment in that case , they would have it in their power to resist , and avoid one of the greatest and most immediate judgments which god sends to correct and chastise a nation , which hath provoked him to displeasure : and the egyptians wil i give over into the hand of a cruel lord , and a fierce king shal rule over them , saies god himself by the prophet isaiah ; he that can destroy a nation by what judgement he pleases ; he that can humble this people by a famine , and destroy that by a plague , may if he think fit , chuse to doe either by the cruelty and fiercenesse of a king , i gave thee a king in mine anger , saies the same spirit by the prophet hosea . now if it were lawful for us to be angry with that king , whō god hath in his anger given us ; or to be fierce against him , whose fiercenesse the lord hath sent as his judgment upon us , we might easily elude those sentences of his wrath , and drive those afflictions from us , by our own courage , without waiting his leisure for our redemption : and it may be no ill reason of that expression in the prophet samuel , that rebellion is as the sin of witchcraft , that as men go to witches , and witches go to the devill , to get or discover somewhat , which god would not have them get or discover ; so they who rebell , endeavour by the help of the devil , to be too hard for god almighty , and to avoid by their own skill and activity , a calamity , by which god meant to reclaim them ; the wrath of a king is as messengers of death , but a wise man will pacifie it , saies solomon ; not , oppose and resist , or rebell against it ; and yet the same solomon tels us , that wrath is cruell ; there is an ingredient of injustice , of uncharitablenesse , of cruelty in all wrath , and yet the wise man , the honest , just , conscientious man , thinks of nothing but pacifying it ; gentlenesse , application , and humility should be used to soften and mollifie his wrath ; indeed , so much is due to any wrath ; a wise and a charitable man , will take so much pains to reform and compose the wrath and distemper of his neighbour , of his equall ; but there is much more to be done to the wrath of a king ; and tremelius extends this care of the wise man much further , then such a pacifying , and renders this text , vir sapiens expiabit eam , let this wrath be never so unjust , so unreasonable , so immerited , the wise man , expiabit eam ; he will behave himself as if the fault were in him , as if he had provoked and incensed the king to that wrath , he will expiate , he will give satisfaction by prayer , by submission , by any sacrifice that may pacifie , and be acceptable to the offended majesty ; and by an exact and punctuall performance of what becomes a subject , convince the king of the errour and mistake of his passion ; they who under pretence of innocence and of faultlesnesse , neglect and contemn the anger and displeasure of princes , are not innocent enough , nor look on majesty with that reverence , which becomes them ; solomons wise man will expiate the kings wrath from what fountain of passion or prejudice soever it proceeds . it cannot be denied , that unjust , cruell and unmercifull princes are great afflictions and judgments upon a people ; yet the calamities under such are much more supportable , then the confusion without any ; and therefore god frequently exercised his peculiar and chosen people , with profane , wicked , and tyrannicall kings , and refreshed them again , with pious , and devout , and just princes , but it was a signall mark of their desolation , when he declared , that the children of israel should abide many daies without a king , and without a prince ; and it was a sure signe , when they had no king , that they had not feared the lord , and then what should a king do to them ? if the most notable ministers of confusion , and they who apprehend least the effects of it , would but a little consider in their own stations , the misery and desolation that must inevitably attend the breach of order and subjection in little ; if the father thought of the impossibility of living in his own house , if his wife and children might follow the dictates of their own reasons , and wills , and appetites , without observing his rule and directions ; if the master would consider the intolerablenesse of his condition , if his servants might question , dispute , and contemn his commands , and act positively against them , they would be the more competent considerers of the mischiefs and miseries that must befall kingdomes and common-wealths ; if subjects may rebell against the power and authority of princes , whom god hath appointed to governe over them ; there is not one of these declarers , who doth not think he hath a prerogative vested in him by nature ; it is the prerogative of the husband , the father , the master , not to have his pleasure disputed , by his wife , his child , his servant , whose piety consists in obedience ; yet they cannot endure the mention of the kings prerogative , by , and under which , only it is possible for them to enjoy theirs . it was a wel-weighed scoffe , by which lycurgus convinced him , who desired him to establish a popular government in lacedemon , begin ( said he ) first to do it in thine own house ; and truly though these ephori ( whose profession is to curb the power of kings ) intended nothing lesse , then to part with the least tittle of their own just authority , they are appealed to , whether they have not felt that power insensibly shrink from them , whilst they have been ambitiously grasping at that belonged not to them ? is the piety of children , and the obedience of servants the same it was before these daies of licence ? hath not god sent the same defection of reverence , kindnesse , and affectionate inclinations into families , to the rooting up and extirpating of all possible joy , and delight in each other , which the heads of those families have cherished and countenanced in the state ? it may be there would not be a better or an easier expedient to reduce our selves , and recover that allegiance we have forsaken , then by sadly waighing and considering , the effects , and kinds , and species of gods judgments upon us , since we have been guilty of that breach ; if every father whose soule hath been grieved and afflicted with the pertinacious undutifulnesse of a child , would believe ( as he hath great reason to do ) that god hath sent that perversnesse and obstinacy into his own bowels , to punish his peremptory disobedience to the father of the kingdom , his soveraign lord the king ; if every master of a family , who hath been injured , betrayed and oppressed , by the treachery , infidelity , or perjury of a servant , would remember how false , unfaithfull and forsworn , he hath been to his master the king , and conclude that his servant was but the minister of gods vengeance upon him , for that transgression ; if the whole nation would consider the scorn , contempt and infamy it now endures and suffers under , with all nations , christian and heathen in the known world , and confesse that god hath sent that heavy judgment upon them , for their contempt of him , for whose sake they were owned and taken notice of for a nation ; it would not be possible but we should bring our selves to that true remorse of conscience for the ill we have done , that god would be wrought upon to take off the ill we have suffered , and we could not entertaine a fond hope of injoying the least prosperity our selves , without restoring to the king what hath been rebelliously taken from him. they say , that though they have made those resolutions of making no more applications to the king , yet they will use their utmost endeavours to settle the present government as may best stand with the peace and happiness of this kingdome . what the present government is , no man understands , and therefore cannot know what that peace and happinesse shall be , which they intend shall accrue to the kingdome by it ; the little cabinet of peers ( for the house is shrunk into that proportion ) hath no share in it , as appeares by the giving possession of the navy to rainsborough without their consent , after they had asked it ; and by their doing many other things of high moment , without so much as asking their concurrence ; that it is not in the commons is as plain by their repealing such acts of their owne , and making others , as the army requires them to doe ; and that the army is not possest of it , needs no other argument , then the invasion and violation of all the articles ever made by the army upon any surrender , which if the power were in them , would for their own honour have been observed , so that the endeavour they promise to use to settle the present government , is to take an effectuall care , that all laws and legall authority may for the present be so suppressed , that there may be no government at all : and truly it may be in their power for some time to improve the confusion that is upon us , and to draw on the desolation which attends us ; but to settle any kind of government , which can bring peace , or any degree of happinesse to the languishing kingdome , nay which can be any security to themselves and their posterity , except they submit to the good old one , under which they were born , cannot be within their power , nor sink into their reasonable hope : nothing is more demonstrable , then that they can never establish a peace to the kingdome , or any security to themselves , but by restoring the just power to the king , and dutifully submitting and joyning themselves to his protection ; and it is as manifest , that by that way , they may restore the kingdome to peace , and preserve themselves and families and posterities in full security and honour : the examination and cleering of which two propositions shall conclude this discourse . the reverence and superstition which the people generally paid to the name and authority of parliament , and by which they have been cozened into the miserable condition they now are in , is so worn out , that without captivating their reasons any longer to it as a councell , they plainly discern , the ambition , weaknesse , vanity , malice , and stupidity of the particular members , of whom it is , and of whom it ought not to be constituted , and easily conclude , that as they have robbed them of the most happy and plentifull condition any free-man of the world ever enjoyed , so they can never be instruments of any kind of peace and security to them ; and that as they have upon the matter dissolved the noblest structure , and frame of government , in church and state , that hath been at any time in the christian world , so that they are too much transported with passion and guilt , and of too little interest , experience and understanding , to devise and settle a new form , or to mend any defects in the old : besides that , they plainly discern that they are not the ministers of their country for whom they were chosen and deputed , but for the army , whose dictates they are obliged and forced to follow , so that if their inclinations were good , they have not power to execute accordingly : and are like the eagle in esdras , when the voice went not out of her head , but from the midst of her body . the mutuall confidence between them and their army is totally dissolved , it being not possible for the houses ever to repose trust in any army , for they can never believe any army to be more at their devotion , then they had reason to think that under sir thomas fairfax ; nor for the army to pay a full submission to the houses , for , admitting that party which is most powerfull in the army , for the present , is of the same mind and opinion with that party which is most powerfull in the houses , yet being both still rivals for the soveraigne power , they can never intirely trust , or intirely submit to each other ; though the houses should consist of none but such who were glad at that time , that the king was taken from holmby , and that the army did not disband , yet they will alwaies remember , that the one was done without their order or consent , and that the army may do the like again when they think fit , and when it may not turn so much to their advantage ; and that they did not onely not disband at that time , but have declared by their solemn engagement of the army , of june , that they will not disband , nor divide , nor suffer themselves to be divided or disbanded , till they have first security and satisfaction in those things they have desired , in such manner as shall be agreed upon by a councell , to consist of those generall officers of the army ( who have concurred with the army in what they have done , and what they have demanded ) with two commission officers , and two soldiers to be chosen for each regiment , who have concurred , and shall concur with them in the premises and in this agreement ; so that it is evident that the army will be governed , and disposed of only by themselves , for which they have very great reason , and without which indeed they can have no security , for how complying soever the houses are for the present , the souldiers cannot forget , that they were once declared traytors but for preparing a petition , and they wisely observe , that what was done , may be done again ; and by the demurs which have been made concerning the safety and immunity of the speakers and those faithfull members who were driven away by violence , and the immunity of the army in advancing to london , ( notwithstanding the publick acknowledgment and thanksgiving to god for it ) they discern that they are only safe , by the want of power in the houses of what party soever they consist , the ambition , injustice , and tyranny of both being equall . the army have already fully declared against their late votes and resolutions , and therefore it must be presumed they will never concur , or contribute to the supporting them : the generall himself in his letter of the of june , from cambridge , to the speaker , tells him , that as it is his most earnest and humble desire , so he found it to be the unanimous desire and study of the army , that a firm peace in this kingdome may be setled , and the liberties of the people cleared and secured , according to the many declarations by which they were invited and induced to ingage in the late war ; and in the declaration and representation from the generall and the whole army of the of june to the parliament , they tell them plainly and honestly , that they were not a meer mercenary army , hired to serve any arbitrary power of state , but called forth and conjured by the severall declarations of parliament to the defence of their owne , and the peoples just rights and liberties , and so they take up armes in judgment and conscience to those ends , and have so continued them , and are resolved according to the first just desires in their declarations , and such principles as they had received from their frequent informations , and their own common sense concerning those fundamentall rights and liberties ; and to assent and vindicate the just power and rights of this kingdome in parliament for those common ends premised , against all arbitrary power , violence , and oppression , and against all particular parties or interests whatsoever : and in their remonstrance of the of june from s. albons , they say , that the kingdom calls upon them not to disband , till they see the rights , liberties , and peace of the kingdome setled , according to the many declarations , by which they were first called forth , and invited to ingage in the late war. now what those ends , desires , and principles were in their declarations , are set forth before , and known to all men , who have or will read their declar : to be no other then the maintenance of the true protestant religion , the king 's just prerogative , the lawes and liberties of the land , and the priviledges of parliament , in which endeavours ( they said , they would still persist though they should perish in the work ; and they were so far from avowing , that they would not send to , or hear from the king , or not suffer his majesty to come to them , that they declare , that as they never gave him any just cause of withdrawing himself from his great councell , so it had ever been , and should ever be far from them to give any impediment to his return ; and in their declaration in answer to the kings , after the battle at edghill , concerning the allegations , that the army raised by the parliament was to murther and depose the king , they say , they hoped the contrivers of that declaration , or any that professed but the name of a christian , could not have so little charity as to raise such a scandall , especially when they must needs know the protestation taken by every member of both houses , whereby they promise in the presence of almighty god to defend his majesties person : and by that protestation of the of october , . ( remembred before ) they declare in the presence of almighty god , to this kingdome and nation , and to the whole world , that no private passion or respect , no evill intention to his majesties person , no designe to the prejudice of his just honour and authority engaged them to raise forces , and to take up armes ; so that these being the desires , ends , and principles in their declarations , by which the army was invited to ingage in this war , they will not suffer themselves to be betrayed into a perpetuall abjuring their allegiance , or to be made instruments for the destruction of all they were ingaged to defend , but they will discern , that as they may be excused for having upon such specious professions been misled by those , whom they might reasonably believe , ( which hath been the case of many honest men ) so after so palpable a discovery of their wicked purposes , they can only recover and preserve their innocence and credit by abhorring those , who having engaged them to honest publick ends , would now corrupt them to sacrifice their bodies and souls to their own private lusts , malice , and ambitions : and they cannot forget , that true acknowledgment of the lords and commons in their petition of the of december , . to the king , in which they say , they acknowledge his royall favour and protection to be a great blessing and security to them for the injoying and preserving of all those publique and private liberties and priviledges , which belong unto them . if the people could be so mad ; if their fear , or their folly prevailed over them to submit to such a setlement , as these declarers would devise for them , there are not ten of them , whose names are known to the kingdome , who do know and are agreed what kind of government they would establish in church or state ; their feares and jealousies with which they delighted themselves , are now grown reall diseases , and take away their sleep from them ; so that setting aside the peace of conscience , which they contend not for , there is not a man amongst them injoyes that assurance of outward security , as the poor cavalier does , whom they have robbed and spoyled of all that he hath , upon whom all their pride and plenty looks even with an envy and reverence ; is not the seat of the image of jealousie , which provoketh to jealousie ( as it was in ezekiel's vision ) in the gate that looketh toward the north ? and do they not every day look to be destroyed by those , by whose assistance , they have been inabled almost to destroy their country ? they have not a foundation of credit to be trusted or believed at home or abroad , but not only having broken all obligations divine and humane , but publishing such a contempt of those obligations , that they are not henceforth capable of any trust ; for how can they be believed upon oaths ( which are the most solemn bonds between men , when they are lawfully entred into ) when they make glosses & interpretations upon them to serve their turns , directly contrary to the letter and words of the oath ? and if they cannot evade them that way , call them almanacks of the last year , and so out of date to direct them ? when they with whom they have entred into treaties , and the most fast league could be devised , and to whom they have obliged themselves , never to transact any matter of publique concernment to the kingdome without their concurrence , shall be told ) after they have raised them to the pitch they are now at ) that they have nothing to do , to assent , or dissent , attest or protest concerning any thing they shall think fit to establish in this kingdome , either for the government of church or state ? nay , when they shall be told , that it is no more manners in them to presse their advice and insist upon it , then it would be in the same number of spaniards , indians , or the most remote region of the earth ; and that so long , as they needed their assistance , they might have occasion to give them meetings now and then , whereas now since they are able to protect themselves , they may surely be sufficient to teach themselves to go about their own businesse ? it will be necessary to adde , that in all their transactions at home , to which they have applied the publique faith , they have not only not performed the contracts they have made , but resolved at the time when they made them , not to observe them , as appears by the order of the june , . by which the house of commons resolved , that all persons that have or shall come and reside in the parliament quarters , shall take the nationall league and covenant , and the negative oath , notwithstanding any articles that have been or shall be made by the souldiery : and so they did not only break the articles formerly made upon the surrender of exeter and other places , but by vertue of this order , which could not be known to the persons concerned , they evaded those made afterwards upon the surrender of oxford , which were confirmed by themselves ; of which a principall article was , that no man should be compelled to take any oath during the time he was allowed to stay in london , or at his own house , or where he pleased , which was for the space of six months after the surrender . as upon these , and infinite other reasons , the affections and hearts of the people , are quite aliened from the parliament , so they are with an equall vigour recovered and converted to the king , and a full reverence to his sacred person ( the want of which may be held justly the primary cause of all our evils , and the advancement of all our distractions ) and an ample acknowledgment of his princely wisdome , and unparalleld constancy is confessed to be due to him ; and by his truly magnanimous carriage during the time of his restraint , when all persons have been removed from him , who are either inclined to his person , or rights , out of their duty and allegiance , or to his opinions out of judgment and understanding ; by his unshaken constancy , in not being moved from his great principles , with all their promises , and all their threats successively administred to him ; by the sharpnesse and steddinesse of his understanding , with which upon all occasions , and in all discourses with the commissioners , who attended him , he hath demonstrated the impiety in point of religion ; the injustice in point of law ; the unreasonablenesse in point of policy , even in relation to themselves , of all that they have proposed to him in order to peace , with such a clearnesse of judgment , and such a candidnesse of nature , that some of their own ministers , not of the softest and gentlest constitutions , have been forced to their disadvantage , to publish his wonderfull abilities : all men acknowledge that whatsoever hath been wisely said , or prosperously done throughout the managery of his great affairs , hath proceeded from his own virtue and conduct ; and that all the ill successes , and oversights , which have preceded and caused those ill successes , were the effects of the unadvisednesse , unskilfulnesse , and passion of his counsellours and ministers . and that the kings great virtue had , and would have this great influence upon the people , the army well knew , when ( to indear and ingratiate themselves after the taking his majesty from holmby ) they declared in their remonstrance of the of iune from st. albons , that whereas there had been scandalous informations presented to the houses , and industriously published in print , importing as if his majesty were kept as a prisoner amongst them , and barbarously and uncivilly used , they said they could not but declare , that the same , and all other suggestions of that sort , were most false and scandalous , and absolutely contrary not only to their declared desires , but also to their principles , which are most clearly for a generall right and just freedome to all men ; and therefore upon this occasion ( they say ) they cannot but declare particularly , that they desire the same for the king and others of his party , and they further cleerly professed , that they did not see , how there could be any peace to this kingdome , firm or lasting , without a due consideration of , and provision for the rights , quiet , and immunity of his majesties royall family and his late partakers ; and their generall by his letter of the of iuly to the speaker , which was as soon printed as sent , freely acquainted them , that their army had made many addresses to the king , to desire his majesties free concurrence with the parliament , for establishing and securing the common rights and liberties , and setling the peace of the kingdome ; and to assure him , that the publique being so provided for , with such his majesties concurrence , it was fully agreeable to all their principles , and should be their desires and endeavour , that ( with and in such setling of the publique ) the rights of his majesties royall family should be also provided for , so as a lasting peace and agreement might be setled in this kingdome ; and that as they have formerly declared for the same in generall termes , so ( if things came to a way of setlement ) they should not be wanting ( in their sphears ) to own that generall desire in any particulars of naturall or civill right to his majesties person or family , which might not prejudice , or again indanger the publique : by which gawdy professions , together with the admission of such servants and chaplains to attend his majesty whom he desired , and which had been barbarously denied by the houses ( who were by this time so sensible of their error , as they desired his majesties presence amongst them upon his own conditions ) they raised themselves to that credit with the kings party , with the city of london , and universally with the people , that by this stratagem onely they grew able and powerfull enough to confine him to carisbrooke-castle , and to proceed since as they have done ; and surely when the army hath throughly weighed and considered the huge advantages they have gotten by those professions and protestations , and how far they have been from making the same good to the king , they will not suffer themselves to be made a stalking horse to the vile ends of particular persons , nor let their morall righteousnesse , in which they so much triumph , to grow into a proverb , for the highest and most unworthy craft , hypocrisie , and treachery . it remains now , since by any endeavours of these men , sever'd from the return to their duty and allegiance , it is not possible for them to establish any peace or happinesse to the kingdome , or security to themselves , to perswade them that by doing at last the duty of christians , they may not only preserve their country , which no body can doubt , but they may be superiour to any difficulties and hazard , their guilt suggests they shall be liable to . it is yet in their power so absolutely to make the kings restoration their own work , that his majesty may be obliged even in point of gratitude to acknowledge it , and to remember only by whose fidelity he hath recovered what he had lost , and not by whose fault he lost it ; and his party , ( who for conscience sake have lost all ) know that charity is so fundamentall a duty of a christian , that there is no excuse for the least degree of animosity and revenge , let the injuries they have received be never so great ; and the kings owne experience of men hath sufficiently informed him , that as many of good inclinations have by inadvertency & credulity , been cozened into a combination against him , and it may be , the worst of them grown by degrees worse then they intended to be ; so all who have seemed to follow a good cause , are not good men , but had ends as ill as they , whom they opposed ; and therefore all mention and memory of former errors being blotted out , it may be presumed he will trust and imploy all his good subjects , according to their severall faculties and abilities , without remembring how they have been at any time disposed against him ; and they have reason to believe that whatsoever his majesty shall freely consent to , he will most religiously observe , and cause all others to observe it ; let them therefore seasonably enter into a treaty with his majesty , attended with such of his counsell as he shall chuse ; and let the fullest articles be agreed upon , which may give a mutuall assurance of security to all persons and interests , to which his majesty having given his assent in such manner as shall be desired , all his counsell and all ministers of justice throughout the kingdome , may be solemnly sworn to those articles ; the which being done , and the same confirmed by such an act ; and in that manner passed as they shall conclude may be valid ; let this unhappy parliament be dissolved , an intermission of parliament being at this time more necessary for the vindication of the justice , and lawes of the kingdome , and restoring a happy peace , then ever a convention of parliament was for the reformation and removing of grievances . to conclude , unreasonable and unjust propositions may continue the war , and the distractions ; never make a peace , which is nothing , but the liberty to injoy what in justice and right is our due ; and as long as the world lasts , that answer of the ambassadour from privernum to the senate of rome will be found to be reason , who when he was asked what peace the romans might depend upon with them , ( because they had been guilty of some defection ) answered , si bonam dederitis , & fidam , & perpetuam ; si malam , haud diuturnam ; which that wise senate confessed to be an honest answer , and that it was madnesse to believe any people or private person in eâ conditione , cujus eum poeniteat , diutiùs quàm necesse sit mansurum : let us then ( like english men ) make up the breach our selves have made , and let not our country and posterity owe their redemption to any forain power ; but let us prostrate our selves at the feet of our abused soveraigne , with that hearty acknowledgment and testimony which the king of tyre sent to solomon : because the lord hath loved his people , he hath made thee king over them ; to a profane , dissolute , and licentious people , he hath given the most pious and temperate king , to recover & reform them by his example ; and to a wicked and rebellious people , the most gentle and mercifull king to preserve them by his goodnesse ; but , if they sin wilfully after that they have received the knowledge of the truth , there remaineth no more sacrifice for sins , but a certain fearfull looking for of judgment , and fiery indignation , which shall devowre the adversaries . micah . . the best of them is as a bryer : the most upright is sharper then a thorn-hedge : the day of thy watch-men and thy visitation cometh ; now shall be their perplexity . ezekiel . v. , . and aholah played the harlot when she was mine , and she doted on her lovers , on the assyrians her neighbours . wherefore i have delivered her into the hands of her lovers , into the hand of the assyrians , upon whom she doted . the end. notes, typically marginal, from the original text notes for div a -e pag. . pag. . de jur : bell : fol. . postnat . p. . rich. . c. . eliz. c. . dyer , fol. . pl. . part . instis . p. . iac. c. . exact collect. p . exact collect. p. . exact collect. p. , . exact collect. p. . exact collect. p. . ex. col. p. . ex. col. p. . ex. col. p. . ex. col. p. . ex. col. p. ● . ex. col. p. . pag. . pag. . life of lewis . p. . pag. exact col. p. . ex. col. p. , . ex. col. p. , , . coll. ordin . . vol. p. . col. ord. vol. p. , & . ex. col. p. . col. ord vol. p . page . pag. . pag. . ex. col. p. . decl. and papers of the army , p. . pag. . page . pag. . pag. . pag. . ex. col. p. . ex. col. p. . ex. col. p. . pag. . pag. . ex. col. p. . ex. col. p. . ex. col. p. . pag. . ex. col. p. . pa. . ex. col. p. . ex. col. p. . pag. . ex. col. p. . ex. col. p. . ex. col. p. . ex. col. p. . ex. col. p. . pag. . pag. . ex. col. p. . pa. . ex. col. p. . ex. col. p. . ex. col. p. . ex. col. p. . pag. . ex. col. p. . pag. . ex. col. p. . pag. . ex. col. p. . part instit . fol. . ex. col. p. , & . ex. col. p. . article against the members . article against the members . article against the members . article against the members . artic. against members . artic. against members . artic. against members . artic. against members . decl. and papers of the army , p. . ex. col. p. . decl. and papers of the army , p. . pag. . ex. coll. p. . king's cabinet , p. . ex. col. p. . pag. . . reason . . reason . ex. col. p. . pag. . ex. col. p. . pag. . ex. col. p. . ex. col. p. . ex. col. p. . ex. col. p. . ex. col. p. . ex col. p. . ex. col. p. . ex. col. p. . dyer fo . . b. pl. . daniel kniveton . ex. col. p. . ex. col. p. . ex. col. p. . ex. col. p. . ex. col. p. . ex. col. p. . ex. col. p. . ex. col. p. . ex. col. p. . ex. col. p. . pag. . ex. col. p. . part. instis . fol. . id. fol. . id. fol. . fol. . ex. col. p. . pag. . pag. . decl. and papers of the army , p. . decl. lords & commons , oxf. f. ▪ . ib. p. . decl. and papers of the army , p. . pag. . relat. of the treaty , p. . coll. ord. . vol. p. . ex. col. p. ● . pag. . pag. . ex. col. p. . ●ag . . ex. col. p. . pag. . ex. col. p. . ex. col. p. . ex. col. p. ● . coll. ord. vol. p. . coll. ord. vol. p. . pag . coll. ord. . vol. p. . coll. ord. vol. p. . relat. treat . p. . pag. . pag. . pag. . answ . sc. com. p. . decl. concerning the scots papers , p. . mart. inde ▪ p. . art. of the covenant . decl. and papers of the army , p. . de jure bell . fol. . ex. col. p. . part instit . fol. . pag. , . mart. inde ▪ p. . decl. concerning the scots papers , p. . col. ord . vol. p. . answ . sc. com. p. . decl. concerning the scots papers , p. . cunning plot , p. . pag. . iob . , , . psal . . . ioshuah . . decl. concerning sc. com. p. . eccl. . . mac. . ex. col. p. . decl. and papers of the army , p. . decl. & papers of the army , p. , & . iob . . pag. , & . col. ord . vol. p. . decl. & papers of the army , p. . ex. col. p. . sam. . . isa . . . hos . . . prov. . . hos . . . . . pag. . esdr . . . decl. & papers of the army , p. . id. p. , . decl. and papers of the army , p. . decl. & papers of the army , p. . ib. p . ex. col. p. . ib. . ib. . ib. . ezek. . . mart. inde . p. ● . decl. concerning the scots papers , p. . mart. inde : p. . col. ord . vol. p. . decl. & papers of the army , p. . ib. p. . liv. li. . . cron. . ▪ heb. . , . to the honourable knights, cittizens and burgesses, in the house of commons in parliament the humble petition of sundry the knights, gentlemen, freeholders, and others of the inhabitants of the county of suffolke, to the number of above . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing t ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing t estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) to the honourable knights, cittizens and burgesses, in the house of commons in parliament the humble petition of sundry the knights, gentlemen, freeholders, and others of the inhabitants of the county of suffolke, to the number of above . england and wales. parliament. house of commons. sheet ([ ] p.) printed by e. g. for henry overton, [london] : [i.e. ] dated at end: presented the . of january. . [i.e. ]. a petition addressed to the house of commons requesting the dismissal of "popish lords and bishops" from the house of lords, and asking for aid for the protestants in ireland. reproduction of the original in the guildhall library, london, england. eng catholics -- controversial literature -- england -- early works to . great britain -- politics and government -- - -- early works to . ireland -- history -- rebellion of -- early works to . a r (wing t ). civilwar no to the honourable knights, cittizens and burgesses, in the house of commons in parliament. the humble petition of sundry the knights, gentle [no entry] a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - spi global rekeyed and resubmitted - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion to the honovrable knights , cittizens and burgesses , in the house of commons in parliament . the humble petition of sundry the knights , gentlemen , freeholders , and others of the inhabitants of the county of suffolke , to the number of above . humbly sheweth , that whereas by the blessing of god , his majesties grace and favour towards us , and the long continued labours of this honourable assembly , many grievances and burthens both in church and common wealth ( under which we had a long time groaned ) are removed , which with all humility and thankfulnesse we humbly acknowledge ; yet understanding that many bills tending to the honour of his majesty , the safety and welfare of this kingdome have by this honourable assembly beene voted , and now lye in the lords house unpassed , by reason of the popish lords and bishop , fitting thers , ( as we conceave ) by reason whereof together with the not execution of lawes against the papilts ( who notwithstanding through the providence of god have beene discovered and disappointed in many of their treacherous , plots against the king and state ) hey and their adherents are still incouraged , and imboldened in their mischeivous plots and conspiracies , a lamentable experience of whose treasons and bloudy cruelties , weheare is daily presented to this honourable assembly , from ireland , whosedolefull condition , your petitioners doe much pitty and bewaile , we therefore your petitioners being greatly distracted and full of feare of some sudden and cruell designe to breake out against the peace of the kingdome , which puts us into an unsetled condition and occasioneth a generall decay in trading , tending to the impoverishing of the nation , unlesse timely prevented ; and having most of us solemnely protected to maintaine the protestant religion against all popery , and to defend his majesties royall person , honour , & estate , and the high court of parliament , and to endeavour the vnion and peace of the three united kingdomes , doe humbly and earnestly pray , that this honourable assembly will be pleased to improve all good meanes , that the popish lords and bishops , may be removed out of the house of peeres , that this kingdome may be secured , and our poore distressed brethren in ireland may be speedily releived , that the lawes against papists may be put in execution , that delinquents may be punished , and our former petitions against bishop wren , and our scandalous ministers , may bee speeded , and that all burthens in church and common wealth , may be removed , with the causes thereof . and your petitioners according to their bounden duty , shall daily pray for a prosperous successe of this parliament . presented the . of january , . printed by e. g. for henry overton : . his majesties letter of instrvction directed and sent to the iudges of assize of the severall circuits at the last summer assize. charles i, king of england, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing c ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing c estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) his majesties letter of instrvction directed and sent to the iudges of assize of the severall circuits at the last summer assize. charles i, king of england, - . p. printed by leonard lichfield, oxford : . reproduction of original in the harvard university library. eng judges -- great britain. justice, administration of -- great britain. great britain -- politics and government -- - . a r (wing c ). civilwar no his majesties letter of instruction directed and sent to the iudges of assize of the severall circuits, at the last summer assize. england and wales. sovereign b the rate of defects per , words puts this text in the b category of texts with fewer than defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion his majesties letter of instrvction directed and sent to the iudges of assize of the severall circuits , at the last summer assize . printed , by his majesties command , at oxford , february . by leonard lichfield printer to the vniversity . . his majesties letter of instruction directed and sent to the judges of assize of the severall circuits . trusty and well-beloved , wee greet you well . we call to mind , that in former times the constant custome was , by the mouth of the lord keeper for the time being , at the court of star-chamber , in the end of trinity terme , to put the judges of assize ( shortly after to undertake their severall circuits , ) in mind of such things as were then thought necessary for the present , for the good government of the kingdome . this course in our judgement ▪ we doe so well approve of , that although we want that oportunity which we and our predecessors then had , of communicating our thoughts to our iudges , for the good of our people : yet we doe still retaine the same care for the safety and prosperity of our good subjects ; and much more by how much the distempers and distractions of the present times , unhappily fallen , have given us more occasion . we have therefore thought it fit to supply this defect by these our letters ; wherein beside the generall care of our iustice committed to us by god , and by us delegated to our iudges by our severall commissions , we recommend unto you in your circuit , as we shall doe to the rest of your brethren in their severall circuits , more especially these particulars following . first , that ye take care by all the best meanes you can , to suppresse popery in all those counties whither you are to goe , by putting the lawes made against them in due execution : and that you take the like care to give a stoppe to the overhasty growth of anabaptisme , and other schismes , as farre as by the good lawes of this land you may , and to punish the delinquents with an equall hand ; and those especially of either sort , whom you shall discover to be seditiously stirrers and moters of others , to any act of disobedience to us , and to our government . and that in your charges and otherwise , as you shall have fit opportunity , you assure our good subjects in our name , and in the word of a king ( who calls god to witnesse of his integrity and sincerity therein ) that by his gratious assistance , we are constantly resolved to maintain the true protestant religion established by law in this church of england , in the purity thereof , without declining either to the right hand or to the left , as we found it at our accesse to the crowne , and as it was maintained in the happy times of queen elizabeth , and king iames ( our deer father ) both of happy memory ; and therein both to live and dye . secondly , you shall let our people of those counties know , that according to our kingly duty and oath , we are also constantly resolved to maintain the lawes of this our kingdom , and by , and according to them , to governe our subjects , and not by any arbitrary power , whatsoever the malevolent spirits of any ill-affected to our person , or government have suggested , or shall suggest to the contrary ; and that we shall also maintain the just priviledges of parliament , as farre as any of our predecessors have done , and as farre as may stand with that iustice which we owe to our crowne , and to the honour thereof . but that we may not , nor will admit of any such unwarranted power in either or both houses of parliament , which in somethings hath been lately usurped , not only without , but against our royall consent and command ; and we require and command you , as there shall be just occasion offered , in a legall way , that you take care to preserve our just right in those cases . thirdly , we charge you , as you tender the peace of the kingdom , ( in the government whereof , according to our lawes , you our judges of the law have a principall part under us ) that you take care for the suppressing of all insurrections ( if any such should happen ) and of all riots , and unlawfull assemblies , under any pretence whatsoever , not warranted by the lawes of the land , and whosoever shall transgresse therein , that you let them know , that they must expect that punishment which by the law may be inflicted upon them , and at your hands we shall look for such an accompt herein , within your circuit , as becometh the quality of the place wherein you serve us . fourthly , because these distempers of the present times , unhappily stirred up , and fomented by some , under specious , but unjust pretences , are probable to stirre up loose and ungoverned persons , under hope of impunity , as farre as they dare , to make a prey of our good subjects , we strictly charge and command you to take the best order you can in those counties , that rogues and vagabonds , and other disorderly people may be apprehended , dealt with , & punished according to the lawes , whereby the good and quiet people of our kingdom may be secured , and the wicked and licentious may be suppressed . and we charge and command you to give it in charge in all the counties whither you are sent by our commissions , that watches and wards , be strictly kept in all parishes & places convenient , whereby the lawes made against such disorders may be put in due execution . fiftly and lastly , you shall let our people of those counties know from us , and by our command , that if they shall preferre unto us , or unto you in our stead , any thing wherein they hold themselves grieved , in an humble and fitting way , and shall desire a just reformation or reliefe , we shall give a gratious eare unto them , and with all conveniency return them such an answer , as shall give them cause to thank us for our justice and favour . and when ye shall have published our cleer intentions to our people in these things , least , at the first hearing , they should not so fully apprehend our sence therein , you shall deliver a copy of these our letters to the foreman of the grand-jury , and to any other , if any shall desire copies of these our letters for their better information , you may deliver the same . and to the end that our service in your circuit may not suffer through the absence of our learned councell ; our will and command is , that you assigne in every place of your sessions some of the ablest lawyers who ride that circuit , to be of councell for us , to assist in such pleas of the crowne , as may be most necessary for our service , in the examination and punishment of notorious delinquents . of all these things we shall expect that good accompt from you , as we shall from the rest of your brethren our iudges , to whom we have also written to the like purpose , ( of whose fidelity and good affections we are confident , ) as becometh us to look for from you , and for you to render to us , from whom you have so great a trust committed . given at our court at yorke the of iuly . whether the parliament be not in law dissolved by the death of the princess of orange? and how the subjects ought, and are to behave themselves in relation to those papers emitted since by the stile and title of acts : with a brief account of the government of england : in a letter to a country gentleman, as an answer to his second question. ferguson, robert, d. . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing f estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) whether the parliament be not in law dissolved by the death of the princess of orange? and how the subjects ought, and are to behave themselves in relation to those papers emitted since by the stile and title of acts : with a brief account of the government of england : in a letter to a country gentleman, as an answer to his second question. ferguson, robert, d. . p. s.n., [london? : ] attributed to robert ferguson. cf. halkett & laing ( nd ed.). caption title. dated april , . reproduction of original in huntington library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng mary -- ii, -- queen of england, - . great britain -- politics and government -- - . - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - judith siefring sampled and proofread - judith siefring text and markup reviewed and edited - pfs batch review (qc) and xml conversion whether the parliament be not in law dissolved by the death of the princess of orange ? and how the subjects ought , and are to behave themselves in relation to those papers emitted since by the stile and title of acts ? with a brief account of the government of england . in a letter to a country gentleman , as an answer to his second question . though you have exceedingly mistook your man in demanding my opinion about a case that lies so much out of my province , and circle , that it hath hardly come within the boundaries of my conversation either with books or men. yet not being altogether a stranger to the nature of the government , and the rules of the constitution , under which i live ; nor wholy unacquainted with the ancient and modern transactions of my country ; neither utterly ignorant of the practices of ages as they remain registred in histories : i will rather both venture my own reputation , and run the risque of being censured for straying beyond the limits of my proper studies , than not obey your command in what you were pleased to require of me , and thereby give you fresh and repeated evidence both of the authority you have over me , and of the deference i pay to your merit , as well as to your quality . and though i will not pretend to say the hundredth part of what might or ought to be said on this subject ; yet by what i shall be able to lay before you in relation to it , you will easily guess what might have been done , or what yet may , by a better and more proper hand . nor can i now without a forfeiture of my credit , and a departure from truth , refuse to give you my thoughts in this matter ; having in my answer to your first question stated and pledged my honour and faith , that i would also reply to your second ; and having also told you , that i had brought under the compass of my thoughts , and in effect digested , whatsoever was needful towards a clear though brief resolution of it . and i do lay claim to no such privilege as the breaking of my word , but am willing to leave the credit or infamy of that to the authors and publishers of hague delarations . now i am so far from quarrelling at parliaments , or detracting from the esteem they ought to be in , or from the respect that is commonly paid them , that i preserve for them all the honour and veneration imaginable , while they confine themselves to the uses and ends unto which they were primitively ordained ; and govern themselves by the measures chalked out for them in the constitution . they are of that early original , and ancient standing , that for any thing i know they are in some sense and degree , though under difference , variety , and distinction of names , coeval with , or very little subsequent and posterior to our government . their antiquity is such , though not always under the same appellation , and by the same stile , nor with the same allowances of power and authority , that caput inter nubila condunt , their beginning is immemorial : so i will not dispute , and much less controul the testimonies which we have in the commentarios upon littleton , fol. . namely , that before the conquest , and from thence downward , till the end of hen. . there had been no fewer than two hundred and eighty sessions of parliament ; which doth much exceed the number , during the reigns of eighteen sovereign kings and queens that have ruled over this kingdom since . but were their institution as modern as some men will have it , and were they at first illegitimately obtained , and wrenched from the crown by insurrections , tumults , and wars ; yet having once acquired an establishment by law , confirmed by custom , and ratified by charters , and sworn unto by our kings ; our title to the having of parliaments for the ends and uses whereunto they were appointed is not now precarious , but in right belongeth unto us . for unquestionably many things were at first vested in the crown , which it having afterwards alienated and parted with , either for the ease and safety of the monarchy , or for the good and advantage of the people , it were unjust as well as unwise for any king to reassume them . whatsoever comes once to be legally established by a plenary and lawful power , is not reversable at the prince's will , nor doth it lie under his authority to annul it at his pleasure . and therefore all who have written with any judgment of governments , laws , and politicks , do unanimously tell us , that amplitudo & restrictio-potestatis regum circa ea quae per se mala & injusta non sunt , pendet ex arbitrio hominum , & ex conventione vel pacto inter reges & regnum ; that the extent and restriction of royal power in and about such things as are not intrinsically evil and unjust , do result and proceed from agreements , stipulations , and compacts , between kings and those communities over which they rule : see suarez de legib. lib. . cap. . and indeed our magna charta , and other charters , as likewise many of our statutes , are no other than enacted and declared limitations and restrictions of the sovereign and royal power ; nor can our kings lawfully depart from or exceed the confinements and boundaries of the english monarchy , which are therein stipulated , fixed , and settled . the books of the ed. : . stamford's prerogative of the crown , fol. . and coke's institutes , fol. . tell us , that the first kings of this realm had all the lands of it in their own hands , and were the sole proprietors of the whole ground ; but it being now alienated and transferred from them , either as recompences for services , or as gifts on the score of friendship and bounty , or by way of sale for a valuable equivalent in money , they that are become possessors cannot be disseized of them without a violation of law , honour , and justice . so that parliaments , howsoever and whensoever they came to be instituted , they are now incorporated into the constitution of england as apelles picture woven into minerva's shield , and cannot cease to have an ingrediency into the government , without a dissolution of the whole frame of it . nor will it ever be the interest of a king of england to lay aside parliaments , were it within the reach of his power to do it ; and as a good and wise king will never attempt it , so a tyrannous and arbitrary one will not be able to effect it , were he never so inclinable , provided they behave themselves so , as not to forfeit their credit in the nation . the only danger we can fall into of having parliaments abolished , is the peoples growing weary of them , and their being provoked to hate them ; and this they both may and will have cause for , when parliaments become not only useless but hurtful . when instead of preserving the gravity of a legislative assembly , and maintaining the character of the representative body of a great and wise people , they turn more mobbish than a dover court , and more rude and tumultuous than the confluence of people when they meet a billingsgate : especially when in the place of continuing to be the guardians of our rights they prove the betrayers of them ; and for pensions and bribes sacrifice those to the ambitious and covetous lusts of an usurper , whose properties , liberties and privileges , they were chosen to maintain and defend . and whensoever they degenerate into this , the carrying and maintaining the name of a parliament will be so far from preserving unto them the love , esteem , and reverence of their country , that it will inflame their rage , and quicken and heighten their revenge . for when parliaments not only forget their own quality , and thereby tempt others to forget also ; but when they trangress and go beyond all the limits unto which they are circumscribed , and confined by the constitution ; and especially when they come to persue ends directly opposite to those they were at first erected and ordained for , they will then provoke the people after their patience is spent , and their pressures increased , not only to despise but to disclaim them . and when those assemblies have under the pretences of vindicating and asserting the liberties of their country proceeded to abdicate their king , and to bring the kingdom into an expensive and ruinous war ; and yet in the mean time have under that vizard and mask proved instruments of bringing the nation into poverty and slavery , and of promoting the tyranny of the usurper , they will thereby exasperate the people , how much soever it may be against their future and true interest , not only to abandon the love and claim of parliaments , but to be even desirous to have them annulled and laid aside , as judging aliter illorum flagitiis subveniri non posse , that they cannot otherwise punish , stop , and give check unto their crimes , as i have borrowed the words of tacitus to express it . nor can i better give the character of the two revolutional parliaments , and particularly of the whig members of them , than in the words of the same author , namely , ut imperium evertant , libertatem praeferunt , si perverterint , libertatem ipsam aggrediuntur ; that in order to depose and drive away the king , they set up for , and made a shew of acting for liberty ; but having compassed that , they have assaulted and subverted liberty it self . so that all they protested to have undertook and executed against his majesty , for the recovery and security of our national and legal freedom , was only that by enriching themselves they might bring the kingdom into indigency , dishonour , and bondage . nor are all their votes , resolutions , and acts , capable of any other construction ; or of having another inscription over them , than that quanto majore libertatis imagine tegebantur , tanto eruptura ad incensius servitium ; the more they flattered us with the expectations and hopes of liberty , the more they were intended , at least , lay in a subserviency to hasten and augment our servitude and thraldom : yet as to all the heinous miscarriages i have now mentioned , i look no otherwise upon them than a disease and plague that parliaments are liable to degenerate into under an usurper , and that under a lawful and legal king they will again recover their sound , healthful , and athletick temper . and that as they will not cease to be a necessary and useful part of our constitution ; so they will always be held worthy of the love and esteem of the people , and both held and confided in as the trustees for their liberties , and the guardians of their privileges and rights . yea , many persons in both those assemblies , which i have reflected upon , have offended more through the example of him they advanced over them , than through the efficacy of their own ill principles ; and have acted rather under the malignant influence of the prince of orange , with whom instead of being punishable to do ill , it is meritorious , than from their own inclinations and choice : so that their faults may be called rather the vices of the age than of men ; and more the effects of an unjust government than of personal corruption and pravity . and they may be said to have done them , rather that they might be in the fashion , than that they approved and liked them . for as honest , just , and honourable things are only then in most esteem , when they are most practised ; so dishonest and unjust are not thought very disgraceful , when they are the modes of the court. for it is unlikely but that m. hungerford might think it a slight and venial offence to take twenty guineas of the chamber of london , as he was chair-man of the committee of the orphans bill ; when the prince of orange , and his broker benting , are said to have received very large bribes of the east india company for their charter , which the house of commons expected should have been given gratis . and undoubtedly the worst things practised by some , have been hitherto winked and connived at by others , not out of enmity to their country , but in hatred to the usurper ; that by the mischiefs accompanying rebellion , those subjects that have only been so weak and foolish as to suffer themselves to be misled , may be the better cured of their disloyalty : and that by what they feel and suffer under an unnatural intruder into his uncle and father in law 's throne , they may be the sooner and more effectually converted to their rightful sovereign . and as for those who have practised those crimes from inclination and corrupt temper , they serve to shew what a miserable government this is ; where either a few little profligate wretches , or such of higher rank as are the most vitious and depraved in their country , come to make a figure as if they were a needful part of the state. and to fill those seats , places and posts , which used under good reigns , and during the sovereignty of rightful princes , to be both the badges and rewards of vertue and desert . nor ought we to despair , but a time will come when the nation will so far recover its wits , as well as its loyalty , as to make the punishment of those miscreants , and assassinates of their country , a terrour to all others from offending hereafter in the like kind . but though parliaments have either originally from the first frame of our government , or by acquisition from royal grants , obtained that room , place , and share in our constitution , as gives them a great , honourable , and necessary figure in the english government , and whereof no king can deprive them , while he acteth legally and according to the tenor of our laws ; yet they are so far from having an universal , unlimitted , and arbitrarious power , that besides those restrictions and limitations which they are under by our statute and common laws , whereof hereafter , they do also stand confined and regulated by the nature and quality of the very constitution , as to all the great ends and principal exercises of parliamentary power . for though government , taken in the whole complex of it , cannot safely subsist , and much less provide against all emergencies , and occasional mischiefs and inconveniencies , without being cloathed with , and having in some sense inherent in it , an absolute and arbitrary power . so that taking the whole compound , and all the constituent parts of the english government in their bulk and complex together , our government is no less arbitrary and unconfined than the government of france is . but then that arbitrary and unrestrained power , as it referreth and belongeth not to the executive part of government , but meerly and solely to the legislative ; so it appertaineth not to any that have accession unto and share in the legislative separate and apart from one another , or as they are taken disjunctively and distributively , but as they act in conjunction , and are taken collectively . that is , although the whole executive power of the government be in the king only and alone , and not any ways in others , than as they derive and receive the respective authorities and branches of power which the law vests in such and such officers , by and from his nomination and commission ; yet neither the king singly and apart , and much less either or both houses in separation and disjunction from the king , can either make and enact , or repeal and abrogate laws . but then whereas the whole executive power of the government lodged and trusted with the king , is in all the parts of it placed in and and committed to him , under the direction and circumscription of known and existent laws ; so that his very prerogative , which no laws have nor can give particular directions for the exercise of it , in all cases and to all the degrees and dimensions that it may be needful as well as convenient , is nevertheless in all the just exertions of it only besides the laws , but never can be put forth righteously , no more than it can be wisely in opposition unto , or against them . yea all the honourable exercises of the royal and sovereign prerogative are for , and in order to the great end of the laws , namely , the publick good ; and thereby lie under the guidance and conduct of the first and highest law of the society , which is that of salus populi . it is much otherwise as to the legislative part , by which the king with the consent of the two houses may without any foregoing restriction or limitation arbitrarily , and with an absoluteness of power , either enact and establish , or cancel and abrogate , whatsoever laws he pleases ; provided they overthrow not the constitution , nor alter the first and main essentials of it . nor is the legislative power of france more despotical and arbitrary than this is ( and no man will say that the french king is arbitrary , or acts otherwise than according to his own edicts in the executive part ) only we give it that name , because the whole legislative right and authority is lodged entirely in that king , without the intervention , concurrence , or consent of any others ; save what is meerly obediential in registring his edicts , but not consultative , and much less in any sense authoritative ; whereas we preclude the terms absolute , arbitrary , and despotical , out of the stile of our legislation , notwithstanding it be in reality and effect so , meerly because the whole power of making laws is not so solely lodged in the king , as that he can do it without the concurrence and previous consent of the two houses . i said that the power of enacting and abrogating laws is unlimitted and arbitrary in the king and the two houses ; he and they acting conjunctly , and each in their own and proper spheres , provided they be not such laws , nor repeals of laws , as do overthrow the constitution , or alter or change the chief and principal essentials of it . for the preservation of , and adherence to the constitution , is the measure and standard of the whole legislative power and authority of england . nor can the king grant , nor the two houses desire or accept , nor all of them together in their several and respective ways of concurrence and influence into the making laws , enact any such things , quae neque dari , neque accipi , salva republica possint , that i may use the words of tacitus , which may subvert or change the nature of the government . for as the parliament is become an ingredient into the constitution , in order to preserve the liberties and privileges of the people , and not to betray them ; so they stand confined , limitted and restrained , by the form , nature , and quality of the constitution , from all right , authority , and power of making us slaves , bondmen , and villains ; and from surrendring , giving up , and parting with our fundamental freedoms , title to property in our goods and estates , or any thing reserved unto us , when we entered into society , and became subjects of the english monarchy . and on the other hand , the king hath also by the frame and condition of the constitution , such monarchical powers and prerogatives vested in him , of which he is not proprietor to dispose and alienate , but trustee to keep and maintain , descendable to his royal successors , having himself no higher or farther interest in them , than of tenent right for life ; so that he stands restrained and disabled by the constitution from parting with them . nor can any bill that hath both passed the two houses , and which is by the royal assent ratified into an act of parliament , divest him of , or take them from him . 't is true , that it falleth under the power of a parliament , not only to make a grant and gift to the king of so much of the goods and estates of the subjects as may be either necessary for the support and splendor of his sovereign dignity , or needful to empower him upon all emergent occasions to defend the kingdom ; but they may likewise alienate and take from a people , qui nec totam servitutem pati possunt , nec totam libertatem ; who can as ill bear too much liberty as too much slavery , all those pretended privileges , and claimed rights and immunities , which naturally tempt if not enforce them to be restless , turbulent , and seditious : but no parliament hath or can have authority to divest the subjects of a title or right to the freedom of their persons , and of a property in their estates , save in cases wherein by the common and known laws they are forfeited . and on the other hand , it lies under the royal power of the king to make such acts at the desire and petition of the lords and commons in the way of bills , by which those flowers , ornaments , and prerogatives of the crown may be alienated , and granted away from it , which were needless , burthensom , and obviously dangerous to the people , that thereupon sovereignty in the prince may amicably consist with freedom and safety in the subject , and that our princes may have the honour and praise which tacitus gives nerva , when he tells us , that res olim dissociabiles miscuit principatum ac libertatem ; he reconciled sovereignty in the monarch with liberty in the people . but then they can make no such acts and statutes , nor will the constitution allow they should , by which the king may either be barred of the allegiance , fealty , and obedience of his subjects , or be deprived and divested of the counterpart of it , inseparaby appendent unto and resident in himself ; namely , of trust and power to rule and defend his people . and should either a parliament be so passionate and encroaching as to present and demand these things in bills , or a king so weak or indiscreet as to raise them unto the title of laws , by giving the royal assent to them ; yet they never would be good and legal acts , nor have the force and virtue of laws , though they carried the name , but they would ipso facto be void in themselves , as being directly repugnant unto , and perfectly subversive of the constitution . so that how large , extensive , and unlimitted soever , the power of a king and parliament acting in conjunction may be ; yet there are some essentials and fundamentals of the english government , whereof a few relate to privileges incident to the people of england , as they are a free nation ; and divers are intrinsical to the royal authority , and inseparable from the person and dignity of the king ; that the very constitution makes them sacredly unchangeable , and sets them out of the reach of king and parliament to meddle with . and should they ever attempt it , they would thereby immediately destroy themselves , and become divested of all the power and authority they have or claim ; because , deriving all their jurisdictions from the constitution , and having no other title to them but what that gives , whensoever that is overturned and subverted , all other powers sink and fall with it . nor is there any thing more common in our books , than that notwithstanding the almightiness of parliaments , yet there are some things that cannot be taken away by them . as no attainder by parliament lies against a king rightfully gotten into the possession of the crown , but he stands ipso facto guiltless and innocent in the esteem and account of the law. nor is it in the power of a parliament to take away or dispose of the right of a kingdom , as the case has it , hen. . neither can a parliament barr a king of the right of his regality , as that no lands shall hold of him ; and therefore when there was an endeavour carrying on in the beginning of the reign of king james the first , to have taken away all tenures by act of parliament , it was resolved by all the judges , that such a stature , had it been enacted , would have been a void statute . this might be enlarged in many other instances , but these are enough to illustrate and confirm what i have mentioned ; only before i dismiss this head , give me leave to make those reflexions upon the two revolutional parliaments , and their pretended parliamentary proceedings , as will serve to set it in a meridian light , that they have not only exceeded the bounds prescribed in and by the nature , frame , and quality of the constitution ; but they have altered , changed , subverted and overthrown , the very constitution itself , and thereby destroyed the ancient legal government of england ; and have acted traiterously towards their country , as well as treasonably and rebelliously against the king. and to begin with some instances in matter of fact , wherein they have departed from , and have acted in opposition unto all those main essentials of the constitution which relate to the community , whose trustees they were originally intended to be for the preserving the constitution entire and inviolated to them , and to their posterity . for parliaments are so far from being by their primitive institution appointed to be the representatives of the people , to destroy that which was , and rightfully still is , the english government ; that the great end of their ordination , and of their being successively chosen , trusted and empowered by the people , is that they may assert , maintain , and uphold it . nor can five or six hundred men , though they were both elected by six hundred thousand , ( which i am sure is a far greater number than all the allowed electors of members to parliaments amounts unto ) and though they should receive credentials and authorities from those electors to alter the government , stand empowered by those means to do it ; but they should and ought previously to the attempting of it , to have either an antecedent signification of the will and pleasure of the many millions of the community , and the nation besides those , or to receive a substitution by and from them , by which they are made their representatives and plenepotentiaries to act for them in that matter , as they in their wisdom shall find to be most for the safety , good , and interest of the whole society , or of the universal body of the people . but instead of this , neither was the community in the least consulted with , either as to the knowing their mind and sense in that affair , or as to the obtaining from them a deputation to act and do in their names and room , whatsoever they in the place and quality of deputies should judge to be necessary and most useful . nor yet came these parliaments together authorised and empowered for any such matter , by those few upon whom the right of electing members of parliament is devolved , for the transacting affairs in subordination unto , consistency with , and subserviency to the maintenance of the constitution . neither indeed could these electors conveigh any such right , authority , or power unto them ; seeing all that they stood in a capacity to chuse them for , was that they might be their representatives for the preserving of the constitution , and for the upholding of the government on the basis and foundation upon which it was originally established , and did then stand . and yet these parliaments have , in defiance of all the rules and measures of the constitution , and in a treacherous violation of all the trust and confidence reposed in them by their country , changed the whole essential and fundamental frame of the government of england , and from an hereditary monarchy have made it an elective . for abstracting from the barbarous and treasonable injustice they have done the king ( till hereafter ) they have broken the chain of the lineal succession ; and by dissolving that link in the instrument and machine of our government , they have destroyed it as to what it was , and what it still ought to be , according both to the fundamentals of our first establishment into a polity , and the common and statute laws of the kingdom . and this they are become guilty of before god , and accountable for in their lives and fortunes to their country , not only by barring the right of the prince of wales , who is lineal , lawful , and immediate heir to the king his father , and by their vesting the regal administration in the prince of orange , previously unto the claim and title of the late princess of orange , but by postponing and justling out of its natural , lineal , and due place , the right of the princess of denmark . and herein our unthinking , soft headed , church of england monarchical men , have suffered themselves to be wheedled by the republican whigs , into a conspiracy and co-operation with them for the destruction of regal government . and by their having concurred to break the line of the descent of the crown , they have made it impossible , on the principles they have acted , to assert the regal form of government in any consistency with themselves , when they come to be pressed on that hand by the commonwealth-men . for by the same topicks of argumentation , they may as well be prevailed upon to put by and lay aside any heir to the crown , as to shut out and debar the right one . for as all that your democratical people designed by setting up the man at kensington , was only to make a president whereby to usher in , and give countenance to an attempt against royalty it self ; so having compassed their end , they are endeavouring all they can to drop that gentleman , and to walk him as fast as they can out of the kingdom . and to be prepared for the effecting of what they have in projection , they are studying by all fraudulent arts towards the prince of orange , and by all the methods of treachery to their country , to wind themselves into those posts and places of interest , authority and power , by which they may be put into a condition , and enabled to accomplish it . for though an elective monarchy is the worst government that a people can fall under , yet the republican whigs will not be willing to allow us so much as that , but have in prospect the laying aside kingship it self . for as they know that if the choice of a king were to be made by the pole , they are too few to carry it for one of that faction by majority of votes , being in themselves a very diminutive and narrow party ; and only believed to be numerous , because they are more noisy than their neighbours : so they would be loath to have it come to the saber in the choice of a king , as is sometimes practised in the dyets of poland , the generality of the faction being dastardly and cowardly , though extreamly huffy , while they imagine themselves out of the danger of blows . and by that little knowledge i have of them , they will always be found more faithless , treacherous , and worse friends , than daring and brave enemies . but it is hoped that the old loyalty of the church of england party will rouse it self out of that lethargicalness into which they have been thrown , by their enemies concealed and covered under the name of friends ; and that upon revival and restoration of their former measure of sincerity and zeal for monarchy , they will not only obviate and defeat the designs of the republicans , but make them feel their resentments for having withdrawn , misled , and perverted them from ancient principles . and indeed how artfully zealous and industrious soever , your trenchards , sommers , riches , clarks , and your commonwealths men are , who being so well known i need not name them , for the extirpating of monarchy ; yet they are not very likely to compass the extinguishing and abolishing of that primitive and ancient government of this kingdom , though they may possibly if longer connived at embroil the nation , and retard the restoration for a while . but that is the most they can effect ; seeing as they have no large or considerable interest either in city or country , so they have neither vertue , honour , or any of those qualities which may gain the people , either to esteem or to place confidence in them , and much less to follow them with hazard of lives and fortunes . but in the mean time what becomes true english men to think of , and to do to these parliaments , which have altered and overthrown the constitution that gave them the right and title to all they had , either in the freedom of their persons , or in the property of their goods . for they that have subverted the fundamental laws , will much more do the same by other laws , if their power were but answerable to their will. and they who have disseised the king , prince of wales , and princess of denmark of their right , do not out of principles of conscience and justice forbear to treat all mankind at the same rate . nor have these two revolutional parliaments been contented with the altering of the government , which both the constitution barrs them from all rightful capacity of doing , and which through the interest that every subject has in it , is the highest injury and wrong that can be done to every english man , for whose good parliaments were originally designed , and not for their hurt ; but these two parliaments have in contempt of , and with the highest violation of the very fundamentals of the constitution , made a sacrifice to the man at kensington of the freedom and liberty of our persons , contrary to all the provisions wrapt up in the constitution for the preserving and securing them unto us . for , sir , suffer me to tell you , that a right and title to the freedom of our persons , save where we are precluded from that right by crimes against the government , or against that justice which is necessary or convenient to be observed amongst men , doth not accrue and arise unto us either from magna charta , the petition of right , or the statute of habeas corpus ; but it was reserved unto us , and we were kept in possession of it , by the very nature and frame of our constitution . for our whole government was founded upon that supposal and concession , that it was to be a government of and over free-men , and not of and over villains and slaves . and the great charter , and the other laws which i have mentioned , did not create and give us a right to the freedom of our persons ; but they did only assert ; vindicate , and fence it about . they were not laws of manumission from bondage , but declaratory of our antecedent and inherent title to liberty . they wrested no new privilege or inheritance from the crown for us , they only repossessed us in what we had been illegally and forceably ejected from . they do not make us a title where we antecedently had not one ; but do only clear up the title which we had , and set it in a brighter light. for we had the same claim to the freedom of our persons before those laws were made which we have now ; though through the fault of those that misled princes , we were sometimes wrongfully outed of it , and had not those ready and effectual remedies for recovering it , as we have by magna charta , and those other subsequent laws . nor is it unworthy of remark , that though some kings , through the influence and advice of some ill ministers , had now and then entrenched and made an invasion upon that liberty of our persons , reserved unto us in those fundamental rules upon which the government was established ; yet parliaments were always heretofore advocates and patrons of the subjects liberties . laws relating to the freedom of our persons , have been in some reigns , and by some judges eluded , and we have not had the speedy and full benefit of them ; but there was never a law , before these unhappy and disloyal parliaments made one , by which we were to be robbed of our liberties without a forfeiture of them , and be made prisoners without cause . for by those repeated acts , by which they suspended the habeas corpus law , they turned every english man out of his birth-right , and stript him of the most valuable blessing and privilege of which he stood vested and possessed by the fundamental laws of the government . and by the authority which they took upon them to conveigh to the usurper a power of imprisoning some , and detaining them in custody , without either shewing cause , or allowing the injured those reliefs reserved for us in the constitution ; he and his ministers might have imprisoned one hundred thousand , if they had pleased to say they suspected so many . and that more were not thrust into goals than there were , was not from a narrowness of power given to the prince of orange , to whom they never gave any thing confined within the bounds of discretion and modesty , no more than of justice ; but from a scarcity of honest men at that time in the nation to merit his jealousy . and it doth deserve your observation , that by their suspending the habeas corpus act , they not only also suspended magna charta , and the petition of right , but they shut us out both from the benefit of the whole common law , so far as it related to liberty , and from all the succours and advantages to which we stood entitled by the essentials of the constitution , upon which the common law , is only a comentary . for by all these we had a right either to sue out a habeas corpus , or to betake our selves to some of the other methods , as those de homine repleviendo , de odio & atia , &c. which the laws had provided for the vindication and recovery of our freedom : but by one blow we were barred the relief and help of all the laws of england ; and were not only brought into a state of bondage and villainage , but were put into a worse condition than bondsmen and villains are . seeing the lord of a villain could not command another to imprison his villain without cause , as appears in the two book cases of the ed. . fol. . and ed. . fo . . but the prince of orange had a power given him to require his secretaries , or the members of his privy council , to imprison whomsoever he or they pleased , without the assigning of his cause for it , save that they thought fit to suspect them . and whereas villains , when thrown into prison by their lords , were not barred the suing out of a habeas corpus , or of using some other legal means for the recovery of their liberty ; many of the peers , gentry , and free-men of england , have by two several acts of these revolutional parliaments been precluded from all ways and means of regaining their freedom in a course of law ; and thereby were reduced ; during the time of the force and operation of those statutes , into a worse state than that of slaves and bondmen . and it would seem they had a mind by those acts to establish and confirm the usurper's conquest over the kingdom , and to make us as much his vassals as the lloyds and burnets have endeavoured to render us ; and to the disgrace of the nation have hitherto escaped the being impeached for it . and as these parliaments have , in their actings towards the people , trangressed all the bounds to which they were circumscribed and confined , by the form and quality of the constitution ; so they have departed more extravagantly from all the fundamental rules of our government in those things which they have acted traiterously and rebelliously against the king. nor is there so much as one step that they have taken in their behaviour and proceedings towards him , but what is directly repugnant unto , and utterly subversive of the constitution . it is true , that by the nature , kind , and quality of our government , every king of england ought to rule over us as over free-men , and according to those laws which should at any time be enacted by our sovereigns , by and with the consent of their great council ; but it was withall provided and taken care for , in the very mould and frame of our constitution , that the person of the king , his crown and royal dignity , should be always sacred and inviolable . i do not say that it was made lawful for a king to oppress us , or to treat us in what manner he pleased ; but instead of that , he was taught by the very form of our government that he was to rule over us for our safety and good , and to govern by such laws as we should chuse . nor can any king do otherwise , without becoming guilty before god both of great injustice , and of infidelity , in the trust that was reposed in him . but in case that through any intellectual and moral defects in himself , or through the influence and advice of evil men about him , he should be misled and carried to do otherwise , all that is then allowed us is to address god by prayers , and him by petitions ; and after our refusing to be our selves the instruments in executing his arbitrary and illegal will , both to complain of those that are , and to persue all the methods of law for getting them punished . we always may , and ought to pray , that our kings may be good ; but we are to bear with , and patiently to suffer under them if they be bad . bonos voto expetere , qualescunque tolerare , as tacitus expresses it . and he must be a very weak and unwise king , that will not study to carry so , as that his people may not wish another in his room . but should they either be such bad men themselves as be inclined in their own natures to oppress their people , or should they be so weak as to be the meer properties of bad men admitted into their confidence ; like him of whom tacitus says , cui non iudicium , non odium ●rat , nisi indita & iussa ; who did nothing on his own judgment and choice , but every thing at the pleasure and instigation of his minions : yet we are to endure it , and only to refer the revenging of our condition to god , who can make those kings that are hurtful to their people , either a terrour to themselves , through inward vexation and horrour while they are here , or take them hence , and call them to a severe account at his own impartial and righteous tribunal . accordingly it hath always been the opinion of our lawyers , save in rebellious times , that though the king be under the directive power of the laws , yet he is not under the coercive . and suffer me to cite a passage of bracton's to this purpose , where speaking of the king of england , as he is and ought to be by the constitution , he says , nec potest ei necessitatem aliquis imponere quod injuriam suam corrigat & emendet cum superiorem non habeat nisi deum & satis erit ei ad paenam quod dominum expectet ultorem ; none can correct the king in that he hath no superior but god , and that will be sufficient punishment , that he expect the lord for his avenger . indeed the constitution both instructs princes for what end we pitched upon this species and kind of regal government , and directs them to rule for the safety , interest , and prosperity of their subjects ; but there is no original contract , nor stipulatory agreement , by which it is provided , that if princes do not as they should , they do either forfeit their sovereign authority , or that we may lawfully rebel against and dethrone them . nor do any presidents or examples of that kind , as those of deposing edward the second , and richard the second , shew , that it was lawful , or a thing that either the constitution , or subsequent laws , did authorise and countenance ; but they only declared what a provoked people will sometimes do , though it be never so much against their allegiance and duty to their king , and most highly offensive to god. however , vivendum est legibus non exemplis ; we are to live according to the laws , and not according to a few occasional ill practices and examples . and via facti is not always via juris : nor will the repetition of evil things change the nature of them , and render them justifiable . for as civilians say , multitudo criminum , & peccantium , non parit crimini patrocinium . what can be more inconsistent with the legality of the abdication , than the king 's being vested by the constitution with such incidents to government as lie in a direct contradiction to our being allowed either a legal or moral capacity of doing it ? namely , that no act of parliament can barr the king of his regality , and thereupon that the allegiance and fealty of his subjects to him are indefeasable , and that they can neither be lawfully withheld , nor transferred from him . that the power and right of peace and war are wholy , solely , and unalienably in the king , and that all the subjects of england cannot make and denounce war , indicere bellum , without him , as coke tells us in his rep. . nor need we go farther for understanding the nature of our institution in this matter , and for knowing what was involv'd and implied in it , relative to the particular before us , than to those many statutes that are declarative and explanatory of the meaning of it . as that car. . act . . wherein it is enacted , that the sole , supreme government , command , and disposition of the militia , and all forces by sea and land , &c. is , and by the laws of england ever was , the undoubted right of the kings and queens of england : and that both , or either houses of parliament , cannot , nor ought not to pretend to the same ; nor can , or lawfully may , raise or levy any war offensive or defensive against his majesty , his heirs and lawful successors . and that other act , car. . wherein it is ordained , that whosoever shall hold that both houses of parliament , or either house of parliament , have or hath a legislative power without the king , shall incur the danger and penalty of a premunire , according to the statute of the rich. . and that other of the same year of car. . which made it treason during his life , to compass , imagine , invent , devise or intend , to deprive and depose him from the stile , honour , or kingly name of the imperial crown of this realm . the president whereof we had eliz. namely , that whosoever shall wish or desire the death or deprivation of the queen , that every such offence shall be adjudged felony . to which i would only subjoyn that known statute which makes it treason to take up arms against the king upon any pretence whatsoever . and to shew the impudence that always attendeth disloyalty , notwithstanding all that these parliaments have perpetrated , they have suffered all these laws to remain still unrepealed , to remain monuments of their treasonable guilt ; and to abide warnings to all kings that shall come after , how little safe they are under the fence , covering , and protection of laws , when they have false and treacherous men to deal with . and that which heightens the crime , and enhaunceth the guilt of those parliaments , is that they have usurped and exerted a power inconsistent with and subversive of the constitution , in the abdicating and driving away a prince , who was the least chargeable with miscarriages and excesses in his government of any that ever fat upon the throne . for as his greatest pretended faults were rather mistakes he was led into by others , than injuries he chose to do of himself ; so most of them proceeded from an excess of love to his people , and from an ardour of making them happier than they were willing to be ; and not from disaffection to them , or a design to render them miserable . nor did those flight grievances of which his people so clamourously complained , flow from his being a bad king , but from the having bad and treacherous friends about him . for though no prince did ever , by condescention , bounty and confidence , deserve to have had better ministers and friends ; yet with respect to too many about him , few princes ever less had them . so that what tacitus says of one may with a great deal of truth be applied to his majesty , though not so much to his dishonour as to the infamy of those whom he employed and trusted ; namely , that amicos meruit , magis quam , habuit ; he was worthy of faithful friends , rather than had them . i would not be thought to intend what i have said of all that had the honour to be esteemed his friends , ministers , and servants , it being only designed to affect a few of them ; but they were such as had frequentest and nearest access to him , and greatest interest in , and influence upon his councils , whom he trusted too much to be well served by them , and put himself too much in their power to have them remain faithful . for that of tacitus will always hold true , nec unquam satis fida potentia , ubi nimia est . in a word , never did a people run head-long into rebellion and war , upon so few and small faults in government , and so easy to have been borne with , or obviated in modest and legal ways . so that had the means which we fled unto for relief been lawful ( whereas they were criminal and treasonable in the highest degree ) yet it was the height of folly and madness to use them upon such flight occasions , where the remedy hath been a thousand times worse than ever the disease could have been . common prudence , had we renounced loyalty , should have taught us , that force is never to be practised , where laws and humble applications would have served ; and that violent means should not have been used , where gentle would have done . non utendum imperio , says tacitus ; and i will add , multo minus bello , ubi legibus agi possit . and the mildest character i can fasten upon our two revolutional parliaments , abstracting from their disloyalty and treason , is that they have been graviores remediis , quam delicta erant , they have almost ruined and destroyed the nation , on pretence of redressing trifles . nor indeed was it any thing he either had done , or designed to do , that threw us into that brutal and disloyal rage ; but he was a catholick , and the demagogues and indendiaries had taught the weak and bigotted part of protestants to hate him for his religion ; & invis● semel principe , seu bene seu male facta premunt . when a prince is once wormed out of the love of his people , whatsoever he then doth , though it be never so much for the benefit of his subjects , it will be misinterpreted as done to their hurt . nor will it ever cease to be an aggravation of the guilt of our rebellion , that we feared his majesty's redressing what we had gotten represented unto , and believed by the nation to have been illegal , grievous , and arbitrary . for most men do now know , that if the submission which they of magdalen college sent up to my lord s — to be laid before the king , had come to his hands , it would immediately have stopt all proceedings against them , and have restored them fully to his favour and grace : but that submission was concealed from his majesty not only out of treachery to him , but out of design to serve the prince of orange , in keeping on foot one of the great designs of his invasion . and although the king gave large and uncontroulable proofs of having royal inclinations , beyond what any king ever had that sat upon the throne of this kingdom , of retracting and redressing all those things which he came to be convinced of to have been done amiss and illegally ; yet that would not allay the furious and rebellious heats of those who had a mind to enrich themselves with the spoils of the crown and kingdom . and therefore when all things were restored to the state and condition , which his most peevish enemies would have wished or desired to have had them , yet the traiterous ferment was kept up still in the former height . nor doth any thing better demonstrate how imprudently , as well as wickedly , we abdicated the king , than that four parts of five of the kingdom would be glad to have him here again upon the terms he offered before we drove him away ; and very many would think themselves happy , and account it a good bargain , to have him here upon any . how little does the king's employing a few catholicks in civil and military trusts weigh and amount unto , when laid in one scale , against all the blood that has been spilt , and all the losses that have been sustained , and all the treasure that hath been consumed for supporting of this rebellion , when they are laid in the other scale ? and the exchange we have made so infinitely for the worse , sheweth both our folly , and is a just punishment of our sin in making of it . nor wanted there truth or good sense in the reply which a plain country farmer made to his neighbour , who was complaining of the grievous , insupportable taxes , and of the many other losses , pressures and oppressions , under which the nation groaneth , viz. that these were the blessings and advantages which we had gotten and obtained by swopping of kings . for this man 's little finger is much heavier than the king's loins were . his majesty loved his people , and would have been contented to have made them happy at the expence of his own prerogative , and with some diminution of his sovereign rights : but this intruder into the throne hates both country and people , and only useth us in the service of his own ambitious ends , and to gratify the rapacity and covetousness of his beloved dutch. and in the same manner that solomon distinguished the true mother from the false , namely , by the compassionate , tender , yearning bowels of the one , and the inhuman , barbarous cruelty of the other , may we distinguish our rightful king from the usurper , and learn which of them we are in duty to chuse and obey . i might add , as a further aggravation of the folly of those two parliaments in what they have done , that by their violating the constitution to the injury of the king , they have set a pattern as well as given provocation to some brave and daring prince , that may hereafter sit upon the throne , to do the like in prejudice of the subject . for it is the same injustice ( abstracting from treason ) in the people to rob the king of his crown and royal dignity , as it would be in a king to invade the liberties and properties of his people . nor is it more unlawful for the one to overthrow the constitution , and change the government , than it is for the other to do it . not that such a thing is to be feared , though we have deserved it . for though some subjects may grow rich by spoiling the crown , yet no king of england can ever become great or opulent by breaking in upon the privileges of the people . and therefore he will forbear it out of interest , if he should not out of duty . and he will keep to the terms of the constitution upon motives of wisdom , should he not be inclined to do it upon inducements of justice . for whensoever a king of great brittain insults over his people , he immediately sinks himself into a condition of being contemned and despised by all the world. i might also , sir , lay before you , how that parliaments are not only in the exercises of their parliamentary power under the direction and confinement of the essential and fundamental rules and measures of the constitution ; but how they are under the regulations , limitations and restrictions , both of our common and statute laws . for as their being is a legal being ; their capacities under which they sit and act , legal capacities ; their business and employment , a legal employment ; and the ends they come together for , legal ends : so they are in all these , and in all the concernments they assemble , consult , or act about , under the influences , direction , conduct and restriction of the laws . though there be a provision made in the constitution , that at times and seasons , and upon necessary exigencies and occasions , and for needful and indisputable ends , there should be parliaments , and that it is the right and due of the people of england to have them ; yet they do receive their actual existence , and come into being by the fiat of sovereign authority , and by the king's writs that raise and assemble them . and they would according to the common law be a riotous and tumultuous rout , and not a parliament , or a legal assembly , should they meet without being called and raised into their existence by the creative writs of the king. and suppose that those laws of ed. . were yet in force , for our having parliaments once a year , or oftner if there be need ; or suppose there were , or be any other existent standing law , adjusting and defining the times and seasons , within the compass and circle of which we ought and are to have them : yet it is not only from the regal authority in granting those laws , that it comes to be our claim to have them within the bounds of such periods of time ; but the performing and putting in execution what such laws enact and direct , is still so lodged in the king , that unless he pleaseth to call them by his royal writs , they have no power to meet notwithstanding those laws . and should a king omit the issuing out his writs whereby to call them at , and within those seasons , it would possibly be a failure in his administration , and in the executive part of his government ; but our remedies in that case were only patience , and humble applications to the king , by decent and modest petitions , for his vouchsafing to give us the benefit of those laws . for after all the laws that can be made for adjusting and determining the times for the meeting of parliaments , yet the power to call them remains still so inseparably inherent in the king , that they cannot assemble , nor rise and spring up into being , but in the virtue , and by the constitutive power of his writs : nor when assembled can they continue a moment longer in their existence than he thinketh fit to allow ; but they are dissolvable , and become actually dissolved , when he pleaseth to pronounce them to be so . and were there a pretence of claim resulting to parliaments , when once called and assembled , that they should continue to sit till all the important petitions of the subjects were answered , as is said to have been the practice during the reigns of hen. . hen . and some part of the reign of hen. . yet this would not disable the king from dissolving them in the interim , and antecedently to their making answers to such petitions , though possibly his doing so may be stiled irregular . and as parliaments both come into existence , and fall into dissolution , by the will and pleasure of the king , exerted in the known methods of regal administration : so while they are permitted to sit , they can neither make nor repeal a law without the royal assent , giving the legislative and enacting efficacy to their bills , which in the language of former ages was called , the giving answers to their petitions . nay , should parliaments prepare bills containing in them no new demands , or provisions of safety and advantage to the people , but only claiming a declarative confirmation of what already belongeth to the subjects by antient laws ; yet even a bill of that nature , which hath the quality of a petition of right , cannot grow up and commence into a law , but by the king's soit droit , fait comme il est desire , let right be done as is desired . i might add , how parliaments are under the direction of the laws , both with reference to all the several capacities in which they sit , and with respect to all the principal matters they are to meddle with . for example ; whereas the house of commons being once legally met , doth sit in a fourfold capacity ; namely , as the great representative of the community for relieving the king's wants , and enabling him both to defend the kingdom , and to live in a port answerable to his royal dignity : and as the grand inquest of the nation , for inquiring into grievances , and prosecuting offenders : and as a part of the king 's great council , to give him advice in the quibusdam arduis about which he calls them : and as part of the legislative body of the kingdom , to prepare or concur to such bills as are to be offered to the king for the royal assent . now in all these several capacities they are to act under the regulations and restrictions of the law : nor are they in any of them to act arbitrarily , but to behave themselves in every one of them according to the laws and customs of the land , the rules and methods of parliament , and the paterns and examples of foregoing ages . now it were easy to shew , beyond all possibility of being rationally contradicted , how the two late assemblies , abusively stiled parliaments , have in all those capacities departed from , exceeded , and transgressed against the known laws of the kingdom , and the rules of parliaments , and the examples and presidents of former ages . for as the present assembly of men at westminster , which passeth under that name , met and have sat upon the writs of an usurper , who hath no more legal power to call and summon a parliament , than a jack kade , or a perkin warbeck have : so that company stiled a convention came together upon the invitation of a person who at that time , even upon their own principles , had not a shadow or umbrage of right for calling them ; but what a masianello , or a fortunate robber , may at any time claim . and their meeting under the notion and in the quality of a convention , which is a term that hath no existence in our law , clearly demonstrates , that the thing so denominated must by consequence be altogether and wholy illegal . nor had they any more right for their coming together , and acting upon the prince of orange's invitation , than a rout and an assembly of rioters have to dispose of other mens properties , and to transfer their estates . and it is without president in any age , save in times of acknowledged usurpation and rebellion , that a company of men , pretending to no other stile save that of a convention , should change and transform themselves into a parliament , and be the creators of themselves into a creature which they were not before . nor are any of the metamorphosations in oivd , though all meerly poetical and fabulous , so ridiculous and extravagant as that of the conventions translating it self into a parliament . for all those of that ingenious and witty poet , save where the feigned and imagined gods themselves put on and assumed new shapes , were the effects and operations of pretended deities upon inferior and different beings : but that parliament made of a convention was a production and generation of it self into a creature specifically distinct from it self , and that by no higher or other power than its own . and were it not for the woful and ruinous effects which they have caused and produced , the reasonable part of mankind would have lookt upon that transformation as a piece of legerdemaine , and a trick of mountebanks whereby to divert the idle , and make sport to the kingdom . and it is hard to forbear being pleasant upon it , and the exposing it with all the keeness and piquancy of a just and deserved railery ; but that the many mischiefs which they did the nation , and the poverty , slavery , and bondage , which they have derived upon us , will not allow , but do forbid the being merry and jocose . i might subjoin how both the parliaments , since the revolution , have shamefully exceeded the bounds which laws and presidents should have restrained them unto ; and have ventured upon matters which lay wholy out of their cognizance , and beyond all the precincts of their legal , rightful , and parliamentary power . the time was when a house of commons did so well understand the limits of their own sphere , and the boundaries within which they were to move , that when lawful kings have asked and prayed their advice in matters out of the circle of their province , they have excused themselves from giving it ; and have declared that they were things of so high a nature , and so peculiarly incident to the royal dignity , that they neither could nor durst meddle with them . and therefore when richard ii. asked the opinion and advice of the house of commons about the way and manner of prosecuting the war he was engaged in against france , they answered , nec doit nec soloit appertaine al eux mes al roi , they neither ought nor used to belong unto them , but the king ; see the parliament roll , ric . par . . pag. . and when edward iii. had desired the same thing of the commons in reference likewise to his war with france , and about the guarding of the sea coast , the commons make answer , quils ne sont charge a councell doner al chose des quel ils n'ont pas cognoisance , that they desired not to be charged to give their advice in a matter whereof they can take no cognizance ; see the parliament roll of the ed. . par . . n. . the like answers were made by the house of commons the th of edw. . and the th of ric. . and whereas in all the regal writs for the calling of parliaments they are required to meet and come together to give the king their advice , it is always with this express limitation , that he desires their advise pro quibusdam arduis negotiis nos & defensionem regni nostri angliae , & ecclesiae anglicanae concernentibus , about some affairs which concern the defence of himself , the kingdom , and the english church . but these parliaments instead of coming together to advice and provide for the defence , or for the restoration of their rightful king , they first abdicated him , and have then impoverished the nation , by maintaining an expensive war to hinder his return . instead of confining themselves to quaedam ardua regni , they have struck at the king's person , crown and dignity , and have medled as boldly in changing the polity of england , as if they had been determining about some little privilege of their own house , or had been meerly concerned about the ejecting or imprisonment of one of their members . but though all of them have been less or more involved in these crimes , yet many became accessary to them to prevent worse , namely , to obviate a civil war , and to hinder a republick upon the next voidance of the throne . and they have submitted both to defile and wound their consciences , that they might testify their love and zeal for the monarchy , and cover and conceal their loyalty to the king. rather than put themselves out of capacity of asserting and upholding the old english regal form of government , when it comes directly to be attacked , and of doing the king service when an opportunity offereth ; they have been contented to undergo a stain upon their honour , as well as the having their loyalty brought under an eclipse . for it comes to pass in these epidemical and raging distempers of kingdoms , as it did in the great plague of athens , of which thucydides speaks ; whereof as most died , so those who escaped with their lives were all left deformed and maimed ; one losing an eye , and another a limb , but hardly one preserved from visible and disfiguring defects . but while those wilful crimes in many , and human frailties in all , have cut out much work to themselves for repentance ; so they will only serve to furnish the injured and good king with a large occasion and an ample theater of displaying his mercy and grace . nor are there any so heinous offenders against him , whom he is not ambitions as well as ready to forgive ; if they will but make themselves so far capable of pardon , as to desire and accept it . and to have any despair of his grace , provided they will repent and return to their duty , would both more grieve and offend him , than all they have done in deposing him , and driving him from his kingdoms . nor doth he question but that most of those , who have both refused to have him reign over them , and have been ready to abjure him , will whensoever they are converted , be not only the most zealous in loyalty themselves , but the forwardest to confirm others in their fealty . neither will any thing be more pleasing and delightful to the king , than to see those love much to whom much hath been forgiven . but abstracting from the disloyalty of that assembly stiled at present a parliament , and its nullity on that foot to be legally one , and granting to those gentlemen all their own hypotheses how treasonable and rebellious soever they be ; yet i say , that according to all those laws which themselves own , and profess to be both under the obligation and guidance of , they ceased to be a parliament , and became dissolved in law upon the death of the late princess of orange . for admitting the prince and princess to have been king , and queen , and that they had a rightful and legal authority to call a parliament , and that this parliament was duly chosen , lawfully assembled , and fat vested with all the power of acting in that capacity that ever any parliament did ; yet i do both repeat and affirm it , that since the death of the princess of orange they have been no parliament , and have no otherwise continued to possess their seats , and to act in the quality and by the stile they have done , than by a most illegal and unpresidented usurpation . of all the parliaments that ever were , none had that seeming security to make their sitting everlasting , as that which met the third of november , . it having been enacted in favour of the continuance of that parliament , that it should not be prorogued , adjourned , nor dissolved , but by and with their own consent , and by act of parliament . and yet all the lawyers are of opinion that it became dissolved an. : by the death of king charles the first , whose writs had raised it into being , and given existence to it . and accordingly the parliament of the car. . took it for granted , that it was undoubtedly dissolved and determined , and thereupon declared and adjudged it to be fully dissolved and determined ; cap. . though there had never any act passed for the dissolving of it , and consequently in the opinion of those who made that statute ● , it must have come to be dissolved by the death of king charles the first who called it , and to advise with whom it assembled and met . for as to oliver's turning those members forceably out of the house , that could be no legal dissolution , if after the death of charles the first they had a legal right to continue to sit , until both themselves should consent that they might be dissolved , and until an act were past for their dissolution . i do confess that the statute . which i have mentioned , was one of the greatest encroachments upon the regal power that ever was , and therefore in my opinion was void in it self , because of the direct repugnancy in which it lies to the essential rights of the sovereign , and of its irreconcilableness to those incidents which are inseparable from royal power . and as it proved by the event , the day that king charles gave the royal assent to that bill , he put the scepter out of his own hand , and the sword into the hands of his enemies . which made the earl of dorset salute the king the next morning after his passing the bill by the stile of fellow subject ; because he had by that act transferred crown , sword and scepter , to the parliament . and archy , the king's fool , being asked whether the king had done well in passing that bill ? answered , that he knew not whether the king was the greater fool to pass it , or they the greater knaves to ask it . and i have been told that the greatest lawyers at that time in the kingdom said , that it was void in it self . and indeed the law presupposeth that all the grants and concessions of the king are to be construed to be made with this proviso , that they are granted salvo jure coronae . but to proceed in what i have undertaken to lay open and demonstrate ; namely , that supposing the king to have been legally and justly abdicated and deposed , and that his son , the prince of wales , was rightfully and lawfully barred and precluded , upon the score and foot of supposititiousness , from succeeding immediately to his father ; ( though all that was done traiterously and rebelliously ) yet this parliament ceased to exist , and became dissolved by the death of the princess of orange . for these very gentlemen will not deny , neither can they upon their own principles , that upon the abdication of the king , and the exclusion of the prince of wales , the princess of orange became immediately vested in the sovereignty , as having therein an estate tayle , unless she had been shut out by some act or statute , expresly made to exclude and barr her ( though indeed such a statute would have been in it self void and treasonable . ) for according to the standing , known , and acknowledged laws of this kingdom , the crown of england upon every voidance of the throne , is to descend to the next lineal and immediate heir , female as well as male , and the said heir ( according to their own disloyal hypotheses ) unless barred by some act of parliament , becomes actually vested in all the rights of the sovereignty . accordingly we have not only a law in force at present , by which it is declared that the law of the realm is , and ever hath been , and ought to be understood , that the kingly and regal office of this realm , and all dignities and prerogatives royal , &c. being invested either in male or female , are , be and ought to be , as fully , wholy , absolutely and entirely , deemed , judged , accepted , invested and taken , in the one as in the other , &c. par. mar. cap. . but we have also another statute in actual being , stiled an act of recognition , that the crown of england is lawfully descended to king james , ( viz. the first ) his progeny and posterity , which containeth the words following , that we being bound thereunto by the laws of god and man , do recognize and acknowledge , that immediately upon the dissolution and decease of queen elizabeth the late queen of england , the imperial crown of the realm of england , and of all the dominions and rights belonging to the same , did by inherent birth-right , and lawful and undoubted succession , descend and come to your most excellent majesty , as being lineally , iustly and lawfully , next heir of the blood-royal of this realm , &c. so that nothing can be more demonstratively evident , than that upon whatsoever hypotheses or principles the conventionists , and those who have succeeded them in this parliament have acted ; yet that immediately upon the voidance of the throne , by the abdication of the king , and the barring the prince of wales to succeed , the whole royal power became vested in the princess of orange . and though the exercise and execution of that power came to be lodged in the prince her husband , yet that it was in the administration of the power of sovereignty , which by the laws appertained unto , and was essentially stated in her , which they neither did , nor pretended to take from her ; but the whole which they assumed and took upon them a right to do , was to make a donation , communication , and conveyance of the same royal dignity , with all its powers , prerogatives , and jurisdictions unto him . and whereas therefore the regal power was owned and acknowledged to reside likewise in the princess , thence it was that her name was used in the whole executive part of the government , and that not in compliment , and meerly to testify respect and deference , but as indispensably necessary , on the foot of the sovereignty , regal authority and power , whereof she stood indefeasably seised , possessed , and vested . so that unless her name had been mentioned in all the executive acts of government , all those acts would have been in themselves void , illegal , and null ; through the want of the stamp and impression upon them of a person that stood cloathed with the sovereignty . and as to that separating in the late princess of orange the exercise of the regal power from the royal dignity , and from the jurisdictions and authorities belonging to the same , it not only looks like unto , and indeed is a plain and manifest contradiction ; but it was done in revival of that old republican and traiterous proposition and notion , of distinguishing and severing between the king's person and his authority ; and was intended by the crafty suggestors of it for the service of a commonwealth design , when an opportunity and a convenient season do offer . for if one parliament can take the entire and full exercise of the royal power and government from and out of the hands of a queen , whom themselves acknowledge to have been vested in the royal dignities , with all the honours , stiles , titles , regalities , prerogatives , to the same belonging ; another parliament may , by the same right , and with the like justice , take the whole executive power , and the entire administration of the government from any king or queen whatsoever ; and may place it in both , or in either of the houses , or in whom else they please . so that a king of england may come in time ( and by this president , if allowed , cannot avoid it ) to be a meer pageant ; a king having a glorious and guilded title , but made wholy useless to all the great ends and purposes of one ; and who will serve only to be gazed upon , to have the knee bowed to him , and to be made a publick mockery and derision in all the regal acts of the government , by having his name mentioned , while others have the exercise , and are in the exertion of the whole and entire sovereign power . nor was the late princess of orange , upon the abdication of the king , and the exclusion of the prince of wales , meerly seised and possessed of the sovereign and royal dignity over this realm , as she was next lineal and immediate heir to his majesty ; but she had also the legal authority and power granted and conveyed unto her , by the gift and donation of the convention , which the present parliament instead of controuling , retracting and annulling , did recognize , own , and confirm . nor had she meerly the bare and naked name of queen given and conveyed unto her , but she was declared to be vested with the whole and entire royal and sovereign power , save that the exercise of it was limitted and confined to the prince of orange . now you must not think that i am so thoughtless and weak as to endeavour to prove her being possessed of the sovereignty , and her being cloathed with the royal jurisdiction , because treason might have been committed against her , yea and against her natural person ; seeing it was not only made high treason by the statute of the parl. in the first year of queen mary , to compass the death of king philip , or to deprive him of the stile or kingly honour of this realm ; but because it had also anciently been made treason by the statute of the ed. . to compass the death of the king 's eldest son and heir , to violate the king's companion , or the king 's eldest daughter unmarried , or the wife of the king 's eldest son and heir , or to slay the chancellor , treasurer , or the king's iustices of the one bench or the other , iustices in eyre , or iustices of assise , and all other iustices assigned to hear and determine , being in their places , and doing their offices . but i will do it by laying before you so much of the late act of parliament as relates to my purpose ; which that i may give the greater light , strength , and vigour unto , i shall likewise represent to you the act of the parl. of queen mary , which was held in the first year of her reign , that by your observation thereupon , in what different terms , and enlarging expressions of power , the princess of orange was made , declared , and enacted queen , from those by which philip was precluded and shut out , from the having or exercising the regal power , even when he was honoured with the regal stile and dignity ; you may easily and fully know , that the whole sovereignty , and regal power and jurisdiction , were in the late princess , whereas no part of them was allowed to philip : for at the same time , and by the same statute , when and by which philip had the royal stile , title and honour , given and imparted unto him , and was constituted and pronounced king , elevated above the quality of a subject , which a king or queen consort are not , it was ordained and enacted , that the queen might and should solely , and as sole queen , use , have , and enjoy the crown and sovereignty of and over all these realms , dominions , and subjects , with all the preeminencies , prerogatives , dignities , authorities , iurisdictions and honours , thereunto belonging , &c. and that no right or claim of sovereignty should be given , come , or grown unto the said philip , over these realms and dominions . but now the act of settlement , in and by which a donation is made of the crown and royal dignity to the prince and princess of orange , runneth in a much other and far different stile . for after that assembly had assumed and usurped to it self a right and authority of disposing and bestowing the crown of this kingdom , and after they had in their signal goodness , condescention and bounty , made a donation of it , and of the sovereign and royal dignity , to the prince and princess of orange , declaring that thereby they did become our sovereign liege lord and lady , king and queen of england , &c. they then further add to those princely persons , the royal estate , crown , and dignity of these realms , with all honours , stiles , titles , regalities , prerogatives , iurisdictions and authorities , to the same belonging , are most fully , rightfully and entirely , invested , incorporated , united and annexed . so that we may by comparing the communication of the royal name , stile and dignity , made by the former act , with the conveyance of the same with the subjoined and annexed jurisdiction , &c. made by the later act , come to understand , that the whole sovereign royal power and authority over these realms became vested in the princess as well as the prince of orange ; which they were not in philip , but only in queen mary . but to all that which i have already advanced , i go on further to add , that even on the principles of the gentlemen of the two revolutional parliaments , the whole sovereignty was not only as wholy and as entirely in the princess of orange as it was in the prince , but that it was one and the same individual sovereignty , though lodged in two different and distinct persons ; and i must withall say , that though they were two in genere physico , in the predicament of substances , yet they were but one in conspectu legis , in the esteem and account of the law. the royalty and legal authority was not divided between them , one share falling to the lot of the prince , and another becoming the portion of the princess ; but it was the same entire , undivided , numerical sovereignty in them both . for this the act of settlement doth as plainly declare as words can express it ; namely , that the prince and princess of orange , being become our king and queen , that therefore in and to their persons are the regal estate , crown , &c. fully , entirely , invested , incorporated , united , and annexed . and therefore all commissions , grants , and the many other exercises of sovereignty , were ordained to be , and have accordingly been , in both their names . nor did that union and conjunction of their names in all cases , wherein the royal authority did or could exert it self , proceed from a contribution of regal and sovereign efficacy and authority which each of them gave to every act of jurisdiction , both clubbing those distinct shares and parts of regal power which they possessed separately , and by moyeties ; but it had its foundation in , and flowed from that numerical unity of regal power , authority and jurisdiction , which they stood vested with as one legal sovereign , though two physical persons . in a word , though william and mary were two several and distinct individual persons of the human species , they were but un roi , one singular king , in their politick station . and to place i● beyond being contradicted by any reasonable and discreet man , that the sovereignty was as fully in her as in him , and that it was but one and the same sovereignty lodged in both , not only all the acts flowing from the executive part of the government do run in both their names , but all the acts of the legislative part do so also . nor do the several acts of parliament which have passed during the usurpation bear only the stile of the acts of william and mary , but the royal assent , ( as it hath been miscalled ) was given in the name of the princess during her life , as well as in the name of the prince . and to add that upon which the great weight and stress of this point doth lie , namely , that the writs by which this parliament was called , and had its being in law given unto it , were issued out in both their names , and were the writs of the princess as well as of the prince of orange . nor is it necessary that i should insert here a copy of the writ , any farther than that it runs , guilielmus & maria , &c. angliae , &c. rex & regina . and as i have said before , her name was not used in it meerly from an honorary esteem had of her , but as indispensable and intrinsically necessary to give the writ its legal power and validity ; and without whose name it had been void of all operative virtue for the constitution and erection of such a number of men into a parliament , or for the giving existence to a legal court of that denomination . and had her name been wanting in the writ , all those several congregations of people in the counties , cities and burroughs , for the electing their several and respective quota's and number of members to represent them in the high court of the kingdom , had been so many riotous and tumultuous meetings ; and those chosen and elected by them to be to be their substitutes and deputies , had been the illegal creatures of a riot , and could not have acted in the names and stead of those that sent them , without being highly criminal in the sight and account of the law. nor did the writ only run in both their names , and flow and proceed from them , and become impregnated with a creative and constitutive power of giving being to a parliament , in the virtue of that individual and entire sovereignty lodged in the princess as well as in the prince , as in the one politick head of the government ; but those who in persuance and execution of that writ were chosen to be members of this parliament , came together , assembled and sat , to confer and consult with , and to give advice and aid to mary as well as to william ; and the power and trust which they received from their several and respective electors , was to represent what came to be representable to the prince and princess joyntly , and to act and concur in , and to consent unto such things as mary as well as william were to have colloquium & tractatum , conference and transaction with them about . for upon the execution of the writ for the choice of those who were returned the members of the present parliament , the trust that came to be conveyed , transferred , consigned , and committed unto them , was not to act singly and separately with william , but with mary also . so that this being now become impossible by the death of the late princess , the trust that was lodged in those gentlemen , by their respective counties , cities and burroughs , is fully determined and expired , with reference to all the ends and purposes for which it was consigned and committed to them . and had the people ( in order to the saving themselves repeated trouble and renewed expence ) been willing to have chosen those that were to constitute and make up the assembly at westminster , to have been their representatives for an age , and had accordingly authorised , and empowered them to do and act in their names during so long a time , it was more than the electors were in a legal capacity , or had a right and power to do ; in that all the authority they had for their choice , deputation and authorization , of their representatives , accruing and resulting unto them from the writ of william and mary , and from the nature and quality of it , as regulated and prescribed by the law , they could not extend or enlarge either the measure or the duration of the trust they were to convey to their representatives beyond the limits and boundaries set them in the writ , and that was to consult with , give advice unto , and to do and act in their names , with mary as well as with william ; and consequently this assembly became dissolved and disabled in law from sitting and acting as a parliament immediately upon the death of the forementioned princess : seeing then and thereby both the end they were called for , and the trust committed to them by the people , for the complying with and answering of that end , did not only cease and expire , but in that it became physically as well as legally impracticable to persue the end , or to execute the trust any longer . i might farther add , that for the assembly at westminster to have continued to sit and act as a parliament , after the death of the late princess of orange , is both inconsistent with the rules and practices of all parliaments , and directly repugnant to a known and standing maxim in law. for it hath ever been received as a rule in law , and the course of parliaments have been always correspondent thereunto ; namely , that the acts of every parliament must relate unto , and receive their denomination from the first day of their session , and by consequence it being impossible that the acts made under the pretended reign of william alone , should be adjusted to the first day of the session that was in the supposed reign of william and mary ; it immediately follows , that the parliament which sat then under both , cannot have a right to sit now under one . nor can the acts made under the reign of william alone , any more relate to the first day of the sessions which was in the reign of william and mary , than they do to the sessions of parliaments under king stephen or king john. but this , and most other things needful to the setting this subject in its proper light , having been briefly and yet fully done by the author of a letter to a friend in the country , i shall wave the adding of any more , either upon this head , or in confirmation that the parliament was by law dissolved by the death of the late princess of orange : and the rather in that what i have farther to say will be more pertinently offered , in answering the objections brought by the partizans of that assembly . only as i desire to mix my thanks , with those of all true english men , to that author for the seasonable and useful service he has done his country ; so i do pay him my own particular acknowledgments , for the favour of having carried the lantern before me , and helpt me by the means and benefit of his light the better to discern my own way , and to avoid stumbling in these paths that have not been much trodden . there are but two objections can be advanced in favour of this assemblies continuing to be a parliament , notwithstanding the death of the late princess , nor can either the wit or the malice of man invent and produce more ; and therefore i shall represent them in all the fairest colours of beauty and strength that they are capable of having put upon them ; and then i shall give those irresistable answers to them , that men must sacrifice reason to passion , and prefer darkness to light , that can have the face to alledge them again in behalf of the westminster iuncto's remaining to be a parliament . the first is , that though by the act of settlement there was a donation made of the crown to william and mary , and the whole and compleat sovereignty placed and settled joyntly in them both , as one regal head of the kingdom ; yet by the same act , the entire and full exercise of the royal power and government was only to be in , and to be executed by william , in the names of them both . and therefore that the issuing forth of the writ by which this parliament was called , and had a legal existence and being given unto it , being an act of the executive part and power of the government , and done by william alone in persuance of that right and authority vested in him by the act of settlement , and he still surviving , that consequently this parliament surviveth also , and will continue so to do , until he either dissolve it by an exertion of his sovereign regal authority , or until it come to be dissolved by his death ; which when it comes , i do suppose the gentlemen of the club in st. stephen's chapel will not be so frontless as not to acknowledge it to be a demise . now to this objection i shall take the liberty and be at the pains of returning three answers , and all of them evidently clear , and demonstratively satisfactory . the first is , that it is not the bare having the right of executing the regal power and government , that enableth a person to give being to a parliament ; but it is the whole and entire sovereignty vested in such a person , and then exerted in some executive act , that can and doth give a legal existence unto it . that is , every act that is or can be constitutive of a parliament , must have its foundation , and flow and result from the whole sovereignty , before the exercise and application of such an act in the issuing out of writs can in that way of power that is meerly executive , be capable of giving a legality to what is done . and therefore the most rightful king that is , and who hath both the whole and entire sovereignty , and the legal authority and power of executing it fully and inherently lodged and vested 〈◊〉 him , may nevertheless command and do things illegal and arbitrary ; if he extend his executive power in commanding and doing those things which by the rules of the constitution , and the laws of the land , do lie out of the verge of his royal and sovereign power . for every act that a prince exerteth his authority in and about , must first lie within the circle and precinct of his sovereign and legal power , before his exercise of his authority in and concerning it , can be lawful and justifiable ; otherwise all exercises of executive royal power , though by the most legitimate and lawful king , are so far from being legal acts , that they are acts of force and violence . no man will deny but that king james was a lawful and rightful king , and that he had both the entire sovereignty and the executive power of government fully and legally vested in him ; and yet the convention in their act of donation of the crown to william and mary , ( and which act stands confirmed by this parliament ) do not only declare that the power to which he pretended of dispensing with the laws , or the execution of the laws , by regal authority , was illegal ; and that his issuing out a commission for erecting the late court of commissioners for ecclesiastical causes , and all other commissions and courts of the like nature , are illegal and pernicious : ( not to mention that large roll of many exe●●ises of his executive power , which they do there declare to have 〈◊〉 also illegal ; ) but they make , assign , and lay them down , as the grounds , reasons and motives , why they withdrew their allegiance from him , and abdicated and renounced him . now when the present parliament was called , the prince of orange had no sovereign power , distinct and separate from the sovereign power that was vested in the princess , but the entire sovereignty was incorporated in them both joyntly as one political head. and therefore there being an abatement by her death of the validity of those writs by which this parliament both received its being , and was supported and upheld in it ; it unavoidably followeth , that the parliament became thereupon actually dissolved , through the ceasing of the legal authority of the writs , upon which its existence depended . for her sovereignty being once absolutely necessary to give vertue , vigour , and authority to those writs , and to make them good in law , and operative to the ends for which they were issued forth ; and that sovereignty of hers being wholy departed the writs , and they thereupon in law being become nullities , it naturally and uncontroulably follows , that through the nullity that by her death hath overtaken those writs , that which was once a parliament upon their hypotheses of government , is also become cassed , disabled and annulled , from remaining one any longer . for as the author of the letter to a friend in the country hath very well observed , it is not sovereignty in genere that preserveth the life , power , and authority of a parliament , but it is the sovereignty of the same individual royal person , that gave validity and efficacy to the writs by which it was at first called . for otherwise , as a king never dyes , so no parliament could ever be dissolved by the death of any ; nor could any thing dissolve a parliament , but his pronouncing it to be so that first called it . by our law the king is immortal , he never dyeth , the king liveth over 〈◊〉 , the regal dignity and power do always subsist , though there be a change of the persons in whom it was inherent , com. . rep. . ed. &c. so that according to our law there is never a cessation of the sovereignty , but only a cessation of this or that individual subject or person , in whom while he survived it was incorporated and inherent . so that upon the whole , unless you can make william alone to be both william and mary , and can render one single individual person to be two , the sovereign that we have no● is not the same identical sovereign that we had before the death of the late princess . and by consequence this parliament mast in law be actually dissolved ; seeing its whole being and existence depended upon the life of the sovereign we had then , and that preclusively from all legal capacity and possibility of borrowing a duration and continuance in its existence from the life of any other , though of one then vested with the sovereignty , if he was not sole and alone sovereign . but to advance to my second answer to the forementioned objection ; i do say , that at some times , and upon some occasions , the executive power of the government hath been by acts of parliament transferred unto , and settled upon those , who had no share or portion in the sovereignty and regal dignity . i will not enquire whether it was done either wisely or legally , it being enough for my purpose that it has been done , and that oftner than once ▪ of which the first instance and example i will assign is that of the th year of rich. . and the th year of his age : for a parliament being then held , and having found that during his minority there had , through the ill council and advice of some persons that were much in his favour and confidence , been many and great miscarriages in the government ; they thereupon prepared a bill , which upon their obtaining the royal assent unto it , became an act or statute , wherein they awarded a commission to twelve several peers , and others of great wisdom and fidelity , giving them power and authority in all things concerning the king's houshold , courts of iustice , revenue , and every thing else that concerned the good of the realm , to put in execution and finally determine , for the honour of the king , relief of the people , and the better government of the peace and laws of the realm , and this commission to remain in force for a year , at the end whereof the king would be of age. now i suppose that no man will have the folly , as well as the impudence , to say that the sovereign and regal power was vested and inherent in those commissioners , and yet they were possessed of , and had thereby given unto them , the whole executive power of the government . so that how much soever this was , or , at least , looks like a derogation of the crown , an usurpation upon the royal power , and a disherison of the king ; yet we find it hath been awarded , authorised , and enacted by a parliament , which demonstratively sheweth , that the executive power of the government has not only been thought separable , but has been actually separated from the sovereignty and regal dignity . and consequently that the prince of orange's having the full and the sole exercises of the regal power given unto him by the act of settlement , and his having in the virtue thereof issued out the writs for the calling of this parliament , doth not entitle it to a continuance , or a right to sit after the death of the late princess ; there being now a change and alteration in the sovereignty , of what it was at the time of calling the said parliament , and before the death of mary . forasmuch as the regal , dignity , which was then incorporated in two natural persons , though only one , political , is now become vested in one single individual one . but the second instance which i shall mention , is yet both more plain and more directly home to the matter and subject which i am upon ; and that is the statute of the car. . for the calling and holding triennial parliaments , in which it was ordained and enacted , that if the king did not by such a time as was there expressed , issue out his writs for the calling and assembling of a parliament , that then upon such a failure of the king 's , in the executive part of the government , the lord chancellor or lord keeper for the time being , and so onwards to others , till in case of the neglect of all those , whom they there mention , and do both empower and require to do it , they give authority to the freeholders themselves to meet at or before such a day , and to chuse and elect members . now it will not be denied , but that as the right of calling parliaments is one of the most noble , inherent , and essential prerogatives of the crown ; so the exertion of this sovereign royal power in the sending forth of writs for the actual chusing and assembling of one , is one of the most eminent and illustrious acts and exercises of the executive power of government . and here by a statute introductive of a new law , which had no foundation in the common law , and which was besides very derogatory to the crown , was there a power of issuing out writs for the calling and assembling of a parliament , transferred unto , and devolved upon such , as had nothing of the sovereignty and regal dignity . now if through the king 's failing to call a parliament , within the time which was prefixed and limitted by that act , the lord chancellor , or any of those that were empowered to call it , upon the king's neglect to do it , should have issued out writs in persuance of the said act for the calling and assembling of one ; all which in fact might very well have been , seeing we are to suppose nothing in statutes to have been idle and impertinent : yet any such parliament , and so called , would have been as much and as really dissolved by the death of the king , as if the writs for the calling of it had been issued out by himself , and by his own personal authority and command . for through their being called by an exertion of the king 's regal and sovereign power , though applied and exercised by one distinct from him ; and through the writs being issued forth in his name , whosoever were the issuers of them ; and through the members being chosen in the virtue and persuance of those writs ; and through their coming together entrusted by the electors to confer with the king about the quadam ardua regni ; such a parliament upon the death of the king , in whose name and time it was chosen , could not escape the being dissolved : so that nothing can be more alien to the matter under debate , as well as weak in it self , then to pretend because the prince of orange is yet living , in whom the exercise of the government was at the time of the issuing forth of those writs by which this parliament was called , that therefore the parliament it self remains still in being , and is in law indissolved : seeing in this case it is not in whom the right and power resided , to put forth , exercise , and apply the sovereignty , that the duration , continuance , and existence of a parliament does bear and depend ; but in whom the full and entire sovereignty and regal dignity was then vested and settled preclusive of all others . and i am sure that no man , who stands not a candidate for a preferment in bedlam , will say , that the whole and full sovereignty was then in william , to the barring and excluding of mary . but to add a third answer to the foregoing objection : i do say , that the very placing of the exercise of the royal power in the prince of orange , in the manner it was done by the convention , and as it stands expressed in the act of settlement , and is confirmed by this parliament , does beyond all contradiction prove that this parliament was , is , and became dissolved by the death of the late princess of orange . for whereas the exercise of the regal power did not become limitted , and confined unto , nor settled solely and fully in the prince of orange , through his being vested in the sovereignty ; because on that foot , foundation and bottom , the whole exercise and administration of the executive part of the government would have been no less in mary than it was in william : seeing the sovereignty , crown , and royal dignity , being incorporated joyntly in both as one political ruler , it was as much in her as it was in him , and whatsoever resulted from it to the one , should have accrued from it to the other . but he came to be possessed of the exercise of the royal power by a superadded gift , that w●s different and contradistinct from that by which he stood vested in , and came to inherit the crown . so that from hence we are furnished with a clear and c●nvincing argument why this parliament was in law dissolved upon the death of the late princess ; namely , that the only personal right which he then had to the administration , accrued to him by a deputation , and was conveyed to him in the way , manner , and nature of a warrant of attorney ; which being expired and determined by the death of the aforesaid princess , all that virtue is by consequence departed from the writs by which this parliament was both brought into and kept in existence . for i do suppose that though the convention thought it safe as well as feasable to settle the crown and royal dignity in william and mary joyntly , yet they could not be unsensible of what danger it would have been to place the exercise of the regal power in more than one person ; because the administration of the government would not only have thereby been embarrassed , but indeed might have been rendered impracticable , through the differences which might have arisen in and about the exercise of the executive power , should two persons have been equally vested in it . and as mary's title in tayle to the crown , on the hypotheses and principles upon which the conventionists went , would not allow them to barr her from the sovereignty ; so the pride and haughtiness of william would never have suffered him to submit to the princess being vested with the sole and full exercise of the regal power , nor would have given him the advantage he has had of impoverishing us , and of enriching the dutch. and the weak unthinking people of england , who truly loved and esteemed the princess , thought themselves happy , and her as great as they could make her , in the having her called their liege lady , sovereign and queen ; but they had not wit enough to consider , that all this was but pageantry , and she in the mean time a queen of clouts , while the executive power was lodged solely in him , and which he put forth imperiously enough towards her , as well as arbitrarily towards the people , and let me add , that by and since the death of the late princess , william has the exercise of the royal power by another claim and title than he had it before . for whereas before and antecedently to the death of the princess , he had no otherwise the sole right to it , than by a donation contradistinct from that by which he had the crown , and regal dignity ; he now possesseth it as the natural and immediate privilege , prerogative and right , accruing and resulting from his sovereignty and royal dignity . so that by the extinction of that executive power , or if you please through the cessation of that title and claim , by which he forme●ly possessed the executive power ; this parliament which received its being by an exertion of his executive power on the foot which he then had it , and which neither did nor could in law subsist a moment , but in the virtue of that power as he was then vested in , and exercised it , must have also ceased and died with it . for having then the exercise of the regal power , preclusive of the princess meerly in the way of a deputation , it immediately follows , that upon the expiration of it , every thing which neither had nor could receive from it a permanency of existence before it did expire , but which hourly subsisted by and upon the actual influence of the deputation , as the being and continuance of this parliament did , must of necessity have ceased and expired with and upon the decay and determination of that deputation . so that having said enough in answer to this first objection , alledged in opposition to this parliaments being dissolved by the death of the late princess ; i shall now proceed to the second , and examine it with all the speed and brevity i can . the objection then is this ; namely , that by the death of the late princess the sovereignty that was before lodged in william and mary joyntly , is now become solely and entirely vested in william alone , by right of survivorship ; and therefore that through his being possessed as survivor of the whole sovereignty , that at first gave life and efficacy to those writs by which this present parliament was called , they consequently do and must retain the same virtue , power , and force which was in them , and which they had antecedently to the death of mary . in reply to which , i do in the first place say , that the prince of orange instead of acquiring by the death of the late princess any sole , single or individual interest in the sovereign power , and royal dignity , he hath actually lost and forfeited , and is become in law deprived and outed of what he had . for admitting all the illegal , disloyal , and treasonable proceedings of the convention , and of this other revolutional parliament against the king , and the prince of wales , to have been not only lawful , just and legal , but to have been also necessary and expedient , upon those reasons and motives laid down in the declaration of the lords spiritual , and temporal , and commons assembled at westminster , and by them presented to william and mary in february , . yet both that declaration , and the act of settlement , are now in law , and by all the fundamental rules of the english government and monarchy , perfectly exstinguished , become void and annulled . for admitting that there might be not only reasons for deposing the king , but that he had of himself abdicated the government , and that as thereby the throne was become vacant , so that there was thereupon a right and power accruing to them to make a donation of the crown and regal dignity to william , in joynt partnership with mary , who was in their order of reckoning next immediate and lineal heir : yet all the said william did or could obtain hereby is now wholy lost and departed from him , and the whole sovereignty is by law devolved upon , and become vested in the princess of denmark , by the death of her sister . neither could those two assemblies , or any other , by what names soever they should stile themselves , barr the said princess of denmark from her lineal and hereditary right , so long and while she had no way incapacitated and disabled her self to inherit ; nor had any causes or reasons alledged or produced against her for putting her by the ascent to the throne in the order and rank of succession , which god , nature , and the laws of the realm , had chalked out , fixed and determined . nor could the princess of denmark depart from , and surrender her legal and rightful place and room of succeeding to the crown , had she been never so inclinable and willing to have done it ; seeing it comes to her by the constitution , and by the common and statute laws , as a right meerly to possess and enjoy , but not to transfer and alienate . for the sovereignty and regal dignity descend not upon any king or queen as an estate or property , which they may at pleasure part with , resign , or make away to another ; but it comes to them as a trust of which they are indeseasably tenants for life , and the constituted and limitted guardians for their next lineal and legal heirs or successors . so that upon the principles of all in the two revolutional parliaments , that are not downright republicans , but who retain a love and zeal for monarchy , and the old english constitution , all that accrued to william by the death of the late princess , is that he is now become a robber , an usurper over , and a traitor against the princess of denmark , as he was all those before in reference to the king ; and that under the highest aggravations of ingratitude , treachery , and unnaturalness , that could possibly attend such crimes . nor is he upon the hypotheses of most who promoted and came into the revolution , any other , since the death of the late princess , than a king de facto , which being interpreted into english is no less nor better than an usurper ; while in the mean time , by their own principles , the jus and right is become settled and vested in the princess of denmark . and they who are not direct commonwealths men , if they will not pay a loyalty , duty , and obedience to king james , who is indeed the only lawful and rightful king of these realms , they ought , if they have any honour , justice or conscience , to yield them to her royal highness princess ann nor do i believe any man so void of sense , as to talk of william's continuing since the death of his wife , to possess the sovereignty by the curtesy of england , which entitleth a husband in some ceses to enjoy his wives estate for his life after her decease : seeing as the crown , throne , and sovereignty of england , are both in themselves , and descend to those that inherit them , as a depositum and trust , for the peace , safety , and prosperity of the kingdom , and not as an estate either real or personal . so the preclusion of king philip of spain on the death of his wife queen mary , from all right , claim , and pretence , to the regal dignity and crown , shews the vanity and ridioulousness of such a plea and allegation , should any have the folly and impudence to start and urge them in favour and justification of william's continuing to exercise the sovereignty . but then i add in the second place , that allowing not only that william is survivor to the late princess , which these nations find by daily and woful experience to be too true , but admitting also that through his survivorship the whole regal dignity which was before lodged with him , and his wife joyntly , is now come to be vested in him alone ; yet this will signify nothing in favour of the present assemblies at westminster continuing to be a legal parliament , seeing as that they cannot pretend now to sit by any other claim , title or right , than that by which they were at first called , chosen , and came together ; so it being made impossible by the death of the late princess , in whose name and by whose sovereign authority they were elected , entrusted and assembled , as well as in the name and by the authority of the prince , that they should continue to sit by the same claim and title as they did at first , it therefore followeth , that his survivorship neither doth nor can advantage them any thing in this matter , because it can neither give life to that which is dead , nor revive that which irrecoverably is extinguished . 't is true he may , as survivor , by new writs give being to another parliament , but he cannot preserve and support this in its legal existence , by reason of the impossibility of continuing that in those writs which is finally and irrecoverably departed from them ; namely , the actual sovereignty of the late princess . and according both to all our laws , and all the maxims of reason and good sense , for a parliament to change its claim and title of sitting , is to acknowledge some where or other a demise in the sovereigns that constituted it . yea , the very mentioning the prince of orange's survivorship , is an acknowledgment both that there was once a sovereignty in the person of mary ; and that this sovereignty which was once there is now departed thence ; which importing the whole that the law intends by a demise , the parliament that then was ( if we will either speak or act consistently with law or with good sense ) must thereupon be held , taken , and acknowledged , to be dissolved . for if it was not by a legal authority , solely , wholy , and exclusively of all others , resident in prince of orange , that they met , fat , and acted at first ; then they cannot now by his coming as survivor to be vested in the whole and sole regal dignity , justify their remaining as a parliament ; nor vindicate themselves from being usurpers over the people , in their continuing to sit and act . and as they can have no more , nor other power now , nor derive it from any other persons , or any other way , than they had and derived it from the first moment of their being elected and assembled together ; so that being by , and since the death of the late princess , become even physically impossible , it is most arbitrary and illegal in them to continue to sit , and to act upon that bottom , or any other that they vainly fancy themselves to be settled upon . for it being in the virtue , force , and authority of the writs , as they were at first issued out , and according to the tenor and importance of the words in which they were at first written , and made authentick and legal , that this parliament came into being , and stood authorized to sit and act ; so the very mention of survivorship in regal power makes it , as plain and certain as any problem in euclid is , that there is no possibility of either answering , corresponding , or complying with the words and tenor of the writs , or of subsisting and being upheld by the identical sovereignty , that infused virtue and efficacy , and stampt power and authority upon them ; and by consequence it immediately follows , that since the princess death , this neither was , could be , nor is a parliament . having therefore proved this parliament to be in law dissolved , beyond the possibility as well as suspition of having any just and reasonable answer made and returned to what i have said ; i cannot in duty to my country and posterity forbear adding something of and concerning the criminalness of those persons in both houses , who since the death of the late princess have coninued to sit and act under the name and s●ile , and with the pretended power and authority of a parliament , and to imprison the persons , and to dispose of the properties of the subject and free-born people of england . and i am not ignorant how that besides the hazards i shall thereby expose my self unto , ( unless i get to the other side of the great ditch ) i shall likewise be esteemed guilty of rudeness , as well as of ill breeding , in bestowing upon them the titles and appellations , and in treating them , in the manner that they deserve . and therefore whatsoever names of epithets i may unavoidably be obliged to dignify them with , as they claim and challenge the being a parliament , and thereupon usurp an authority of invading and breaking in upon the liberties , and of alienating , transferring , and giving away the estates of the people , and that to a degree and measure unpresidented in all former ages , and which no lawful parliament ever ventured upon , or thought consistent with the duty that they owed to those whom they represented , and by whom they were entrusted to act for their safety and advantage , and not for their impoverishment , enslavement and ruin ; yet neither will i forget what becomes my own character , nor what is due to them answerable to their several and respective conditions and qualities , ( abstracting only from their being a parliament ) and much less will i borrow any of that undecent , unclean , and ribaldry language to give them , which was not without demerit thrown upon the rump , when the lampooning of it was for a great while made the sport and divertisement of the kingdom . for the wost terms i will allow my self to use shall be to call a spade a spade , and to fasten upon them the characters and titles which law and reason instruct and authorise me to give them , and which our english dialect enables me to do ; and which i am sure ought in justice to be so far from being held and accounted scandalous , that it falls below being piquant , and keeps within the limits and precincts of modesty . the first thing then which they are hereby become guilty of , is their having rendered the continuance of the session of all parliaments for the future uncertain and arbitrary . for by their destroying all the legal security we have of defining and determining the period of a parliaments , right of remaining to sit and act , they have done what they can to make the session of any parliament perpetual , at least arbitrary , unless it come to be turned out of the house by violence and armed force , as oliver . drove away the rump . for the tenor of the writ by which a parliament is called , being all the legal security we have , both for the declaration of the use and end it is called for , and for the giving power , strength , and authority for its whole legal existence ; it undeniably follows , that whensoever it goes beyond the boundaries and confinements of that writ , that from thence forward the time of their sitting is made arbitrary , and put out of the power of the law to determine . and a parliament being equally if not more dissolved by a demise in the sovereign , by whose regal power it was raised , than it is by any king 's pronouncing it dissolved in the virtue of his sovereign executive power ; it naturally follows , that this assembly may not only as well , but better refuse to dissolve upon william's pronouncing and declaring them dissolved , than it hath withstood the being dissolved by the death and demise of mary . so that by the president of these mens continuing to sit , it is put out of the power of the prince ( unless backed by force ) as well as out of the power of the law , to dissolve a parliament . and it is but for five hundred people to get in the customary and usual way into st. stephen's chapel , and they are then as safe as in an enchanted castle ; and may there sit , act and reign , as long as they please , and that with a despoticalness becoming the grand seigniors of the republick . and having superceded the law , and manumitted themselves from the authority of it ; it is but for them to bribe the mob , or wheedle the soft-headed people of the city to come down to westminster to be their guard , and then they will sit encircled and fenced against the military power of the king , as well as against his sovereign , regal , and executive authority . and seeing the present assembly has thought fit to continue and act as a parliament , in contempt and defiance of the law , and in a direct transgression of all the limits and boundaries that it had set them , and have put themselves out of the reach and power of coming ever to be dissolved by law ; i have only this advice to give them , that they would gain capt. tom , and his legions , to befriend and protect them , and then the great hero of the age will find it more hazardous , though in the head of his invincible dutch , to attack them , or to interrupt , disturb , and determine their sitting , than ever don quixot found it to combat the wind-mills . but waving being further pleasant upon so melancholy a theme and subject as this is ; i will only add that by the example which the present juncto which stiles it self a parliament has made , for all those that shall be assembled hereafter , both the whole constitution , and all the laws of england , that relate to the calling , regulating , and determining the sittings of parliaments , are plainly subverted and overthrown ; which may be of that fatal consequence to posterity , as no words can serve fully to express . the next crime therefore whereof they were accusable for continuing to sit and act as a parliament , since and notwithstanding the death of the late princess , is . that they have thereby broken and falsified all that trust which was placed and reposed in them by their country . now a trust is , or at least should be , one of the most sacred things of the world ; because not only much of all the intercourse that is among men depends upon it , but because it is the bafis of every society , and the foundation of the fabrick of all governments , be the kind and species of them what it will. and by how much the trust is the more extensive and great , by so much it is in justice as well as honour to be the more punctually observed and persued ; and the breach of a trust does not only imply and include falsehood and infidelity in him that violateth it , but it imports and involves the blackest treachery towards those that had reposed their confidence in them . now the members of the house of commons are not only to represent those that elect them , and millions more , but they become constituted and formal deputiei , with whom the whole people of england deposite , and lodge all their concerns . for at first , and during a long time , all the free-men of england had a right in their respective shires , cities , and burroughs , of chusing those that were to represent them in parliament , till in the time of hen. . it came to be ordained , that because the election of knights had been with great outrages , and excessive number of people , of which most were of no value , and yet pretended a voice equivalent to worthy knights and esquires ; whereby many riots and manslaughters were , and were likely to be , that therefore from thence forward the knights of shires should be chosen by people dwelling in the counties , every one having lands or tenements of s. value per annum . but though only those of that yearly value are now allowed to be capable of chusing knights of shires , yet the concerns of all others , as well as those , are put into their hands . nor are they the small and trifling concerns of the kingdom , that come to be consigned unto , and trusted with the members of the house of commons ; but they are those mighty and momentuous ones which may affect their liberties and lives , as they always will and do their fortunes and their estates . which most of the electors in england in all likelihood do little think of , as appeareth by the moral and intellectual qualities of many of those whom they elect and return . nor do most of those that chuse members to parliament act so much under the conduct , influence and sway , of their own true interest , as upon the motives either of party , faction , and bigottry ; or of entertainments , treats , and petty recompences . nevertheless , whosoever they are that come to be chosen , they are immediately constituted the trustees of the people , and accordingly have their names inserted in indentures annexed to the writ , importing the power given unto , and the trust reposed in them by the free-holders or burgesses , persuant and answerable to the tenor of the writ , which both gave authority for making the election , and expressed the duty and power of those that should be elected . now , how treacherously as well as dishonourably have the members of this meeting , which continue to sit and act as a parliament , departed from , and openly violated , all that confidence and trust which were reposed in them by those that chose them . for whereas the people only intrusted and impowered them to represent unto , and to do with william and mary , and meerly to consent to such things as should be agreed upon and ordained in the parliament of william and mary , and to no other ; they , by a most reproachful breach , both of their own faith to the people , and of the trust which the people devolved upon and reposed in them , have continued to consent with william alone . and though by the death of the late princess , all the power , authority and trust , conveyed unto , and lodged with them by the people , did fully and wholy cease and expire ; yet they with an unparalelled infidelity go on to sit and act in the names , and as the assignees , of the people of england ; as if the authority committed to them by the assigners were still good and authentick , and in its full vigour and force . and i am loath to say how much many of them have hereby disabled and incapacitated themselves from being trusted again , or what opinion the thinking part of mankind will have of the free holders and burgesses of england ; if after they have been so grosly , and in a matter of this weight and moment , deceived by these men once , they shall be so ridiculously and contemptibly weak , as ever to place confidence , trust and power , in the hands of many of them again . there are two other crimes vastly more heinous than those i have mentioned , whereof they are become notoriously and scandalously guilty , in their continuing to sit and act as a parliament , since and after they became in law dissolved by the death of the princess of orange . but they being of so high a nature , as may affect their estates , honours , lives , and their posterity , unless the nation has more mercy and forgiveness than they have had wisdom ; i shall therefore do little more than name them , least should i proceed to speak of them in a language either suitable to the nature of the offences , or in proportion to my own and every honest man's resentment and indignation , i might not be able to keep within the bounds of temper and moderation , and those measures of deference to them as they are gentlemen , which i will always confine my self unto . the crimes i mean are the exercises of an usurped power , both in disposing away and alienating the properties and estates of the subjects , and in preparing and concurring unto bills , relating to many other things as well as money , which is the executing the whole power that belongs to a legal parliament in the order and degree which appertains to the house of commons in the matter of legislation . and were another to give the character of those transgressions , robbery and treason would be the modestest terms he would express and describe them in . and undoubtedly he would endeavour to raise and inhance the guilt of them , by shewing how this assembly doth both plunder us , and arbitrarily impose laws upon us , by virtue of a pretended warrant under our own hands ; whereas the indenture by which we vested them with a power over our persons and fortunes , is out of date and expired , and become cancelled and null in law since the th . of december last . but so much lying a● hand with every man , of common and ordinary sense to be said on these heads , i will say no more upon them ; but will only add , that what i have already laid before you on this subject , though spoken de parliamento , of the parliament ; yet it is not intended by me , nor ought to be interpreted by others , as if it were meant de singulis membris parliamenti , of every member of the parliament . for i do both believe and know , that there are a great many as worthy and deserving gentlemen within those walls , as any in the kingdom are ; and that they continue not to sit there from the belief that this is a parliament , but that they may prevent your whartons , montagues , smiths , &c. from ruining the nation , who would be sure to remain to sit and act in the quality of a parliament , should others withdraw : a president whereof we had heretofore in that rump , which continued to sit as a parliament , after they had drove away four parts of five of their members . and these honourable and worthy gentlemen , whose names i am obliged to conceal , have not only sufficiently attoned for their fault , in sitting and acting since the death of the late princess , but they have merited the thanks of the nation by their opposing and defeating the design of an universal excise , which your montagues , smiths , and many others , had projected and resolved to impose upon the kingdom ; which could they have effected , as they had promised the gentleman at kensington to do , we should in a little time have been made greater slaves than the turks are , and william had been put into a condition of ruling as despotically as the grand seignior does . but how strangely are english men degenerated since they got a dutch king , that there should be so many advocates for that now , that our subjection to it could not have been avoided , without much art , industry and courage , in a few generous patriots , which but to have mentioned within these walls some reigns ago , would have drawn both a punishment and disgrace upon him that did it . for when sir dudley carleton , who was then secretary of state , did but once name it in that house , though to no ill intent , he was not only called to the bar , but hardly escaped being sent prisoner to the tower. but since members have learned to sell their honours and consciences , as well as their votes , and thereby their country , for places and pensions ; let no man marvail , that what was heretofore the bugbear of all in a house of commons , should now become the idol of too many there . all that doth remain to be represented to you in relation to the present subject , is , in what esteem and account the acts of this pretended parliament ought to be with the people . and suffer me upon this occasion to tell you , that no man alive has a greater respect for a legal parliament , called by the authority of a rightful and lawful king , and answering the ends for which they were originally instituted , than i have . but for every assembly that hath called it self a parliament , and which in some unhappy times have been generally owned as such , i do confess to you , that i have not the same veneration . for when i do read how many parliaments have preferred usurpers before the rightful heirs , and that never any person invaded the throne , though never so traiterously and unjustly , but that he always found a parliament to recognise and support him ; i cannot have that esteem for every convocation of men that goes by that honourable name , as some have ; who will worship the tree on which their father was hanged , if it be put shaped into the image and get the title of a madona . richard the third , and oliver cromwel , had parliaments , who as much adored them , and as readily gave subsidies and taxes for answering the occasions of these usurpers , as ever queen elizabeth , or edward the sixth had . nor can i so far conquer my understanding , or get the victory over my conscience , as to have a reverend opinion of those parliaments in henry the eighth's time : whereof one enacted , that proclainations should be equivalent to laws ; and another ordained , that he might by his last will and testament appoint whom he pleased to be his successor . how many parliaments might be named that have been the tools of a haughty , prince's tyranny , and the panders of a lascivious king's lusts ; who have been of a complexion to worship the devil , that he might do them no hurt , with the same readiness that they do god almighty , who bestowed upon them all that is good . nor am i willing to omit mentioning , how those few men whom oliver cromwel called together by his private letters , without any previous choice of them by the nation , had not only the impudence to call themselves a parliament ; but that even a great many people who laid claim to more of religion than they had right to do to good sense , were ready to fall down , and worship them as such . and permit me here to tell you one thing in reference to that assembly which hath been commonly stiled oliver's little parliament ; which though it may seem a digression from the present subject , yet it will not be unseasonable for me to relate , nor unfit for you to know : namely , that whereas oliver pretended to call them together towards settling the nation upon the motive and merit of their piety ; yet the true reason of it was , the jealousy he had least they should supplant him in the power he had assumed , which they stood the better qualified for effecting , by means both of the reputation they had among the partizans against kingship , and of the interest they had in many of his own army . and therefore oliver knowing the temper and bigottry of the men , and that if they came together and were allowed to meddle with affairs of state , and the general concerns of the kingdom ; how they would by their wild and extravagant proceedings , not only lose all the esteem they had acquired in their private stations , but render themselves the scorn and contempt of mankind , and thereby lose all capacity of undermining him in his seat , or of doing him afterwards any hurt ; upon these motives he called them together , and upon no other , whatsoever he pretended . all which not only came to pass as he had projected and foresaw , but even while they were together , they were through the folly and frantickness of their actions , the derision of the few wise men that were among themselves . of which i shall recount one pleasant instance ; viz. that being endeavouring with great zeal and earnestness to engross and monopolize all power and places into their own hands , and into the hands of those they stiled saints , in that such only had right to govern the earth , all dominion being founded in grace ; they were baffled and bantered out of their design by a cunning man's standing up in the house , and telling them that it was true , the saints deserved all things , but that publick employment was so great a drudgery in it self , and so strong a temptation to sin , that it would be unjust to condemn the godly to it ; and that the best service they could do for the common-wealth , was in a pious retirement to intercede for it at the throne of grace . but to return to what i am upon ; no man that is not a perfect stranger to england can be ignorant of the three essential properties belonging to a parliament , namely , fairness of elections , fulness of members , and freedom of speech ; and that several parliaments have laboured under deficiencies of one or another of them . and there are instances where one parliament hath declared a former parliament void and null in it self ; because of some irregularity either in their being chosen , or in their fitting , though called by a lawful and rightful prince . thus the parliament of the first of hen. . declared that of the . rich. . to have been a void parliament , roll. . . nay , sir edward cook , whom all must acknowledge to have been a champion for parliaments , especially for a house of commons , yet he declareth that parliaments have been often utterly misled and deceived , and that in cases of the greatest moment . and had we not overthrown the legal existence of the present pretended parliament upon other reasons and grounds than those of illegalities in the manner of election of members , and in their actings when assembled , we might also upon those motives strangely shake the legal being of it . and to name but one which lately fell out since the death of the late princess in this assembly , which persevereth to call it self by that name ; namely , that when a question was started by the earl of nottingham in the house of lords , whether since the demise of mary this was a parliament , or not ? how it was replied by the earl of p. that it was not a question fit to be mentioned , and less fit to be debated . which besides it importing in it a debarring a liberty of speech , without which a parliament cannot be a legal parliament , because not a free parliament : it likewise imported in it , that though this parliament was in law dissolved , yet it must still sit , and no man be allowed to question the lawfulness of its doing so , because of reasons of state. and so the whole constitution , and all the laws of england , must be sacrificed to the lunatick and disloyal bigottry of keeping king james out of his dominions , and from reascending his throne . for that is the whole paraphrase of the text , of the necessity of its continuing to sit in order to raise money for carrying on a vigorous war against france . but it being dissolved by the death of the late princess , before any bills had passed for the granting of money , it will argue great sottishness as well as tameness in the people of england , if this government be not disappointed in that end of their keeping it on foot . for those papers which are published under the stile of acts , do oblige no man in duty to pay , nor can they authorise any officer in case of refusal to distrein . they in st. stephen's chapel have no more legal power to dispose of the property of the subjects , than the committee of officers have who sit in the guard-house by whitehall . and all those acts of assesments which they have emitted , are but so many denunciations of war against the people , and proclaiming them obnoxious to arbitrary executions upon their estates , real and personal . such who are so pusillanimous as to chuse to be robbed may submit to it ; but as no warrants can legitimate the doing of it ; so all men who have courage to resist , they have the authority of all the laws of england for the doing of it . and as they have no right of sitting as a legal court , so they cannot be said to take away mens goods by any better name than that of a company of banditi ; nor do people use to be so silly as to part with any thing to such , but when they are too strong to be withstood . and i think it was never yet known , that five hundred were powerful enough to rob and plunder above five millions of persons . what a noise a few years ago did the erection of a court of commissioners for ecclesiastical causes beget in the nation , and how strenuously was it improved for the driving the king from his throne and kingdom ? and do we now sit silent under a company of men erecting themselves into a court of legislation , to vote away near the moiety of every man's estate , whether he be laick or ecclestastick . shall we , who were so busy scandalously to censure , and traiterously to endeavour to redress the few and little miscarriages of our ancient and legal government , suffer with a sottish tameness those far more , and vastly greater , of an usurped , unlawful , and tyrannous one ? this hath not been the practice of any people or age , till of ours , and of us . that of tacitus being at all times heretofore an infallible maxim , namely , that novae aulae mala , aeque gravia sed non aeque excusata ; a new government doth not offend with that connivance and safety that an ancient might : and it is now as much become our interest to call home the king to relieve us , as it is our duty to restore him to his right . and as it was at no time unlawful to fly to force for rescuing our selves from the power of an usurper ; so it is now become necessary , when meliorem in bello causam , quam in pace habemus ; our condition will be better in a war , than it is in peace , as tacitus expresseth it . and the establishment of this man into a king being done by an usurpation of power , which all the laws of england precluded the conventionists from ; that common saying obtains , that de facto factum potest de facto tolli ; what hath its existence meerly by fact , may by fact be lawfully overthrown . and as we may be sure , that the prince of orange who hath so abominably cheated and wronged us already , cannot but detest and hate us for the future ; that of the same author being unchangeably true , viz. proprium humani ingenii est , odisse quem laseris ; it is the nature of man to hate those whom he hath injured . i will therefore bespeak my country-men as boadicea did the ancient brittains , if they will not resolve , cadere aut vincere , either to perish , or to vindicate their liberties ; that then , viverent & servirent , let them chuse to live and be slaves . only let me add for their encouragement to assert their laws and rights , that the prince of orange's affairs in england do magis fama quam vi stare , are upheld rather by that opinion which men conceived of him , before they had an opportunity to know him , than by any power , strength , interest , or new reputation he has to support himself or them . nay i will say , that he is sunk into that contempt as well as impotency , that all the power he hath left is only to do hurt , but that he hath neither power nor authority to do good , or to hinder evil : so that what tacitus says of otho is verified of william ; othoni nondum auctoritas inerat ad prohibendum scelus , jubere poterat ; that he may encourage and command mischief , but he is in no capacity to discountenance and prevent it . the very mob , whom by fictitious lyes and falshoods , of a few irish being every where burning houses and cutting throats , he decoyed and enflamed into an insolent and brutal rage against their rightful king , and who became the ladder unto , and the great pillars of his throne ; having now understood how they were cheated in that , and in all things else , they have not only forsook , but are justly enraged against him . nor are they only ready to do the same towards him that they did towards the king , but they are fully prepared to treat him as the rabble did vitellius , of whom tacitus says , vulgus eadem pravitate , insectabatur mortuum , qua foveret viventem ; they are as forward to curse and tear him in pieces , as they were formerly to huzza and idolize him . yea , even such as do most flatter him , do it only in order to deceive and ruin him ; for they do reckon by what they have robbed and plundered the nation of under him , they shall be able both to purchase their pardons , and to live plentifully upon the next revolution : nor are most of the addresses with which our gazettes are weekly stufft , to be otherwise accounted of , then as the arts and tricks of knaves , to banter and deceive fools . and they do only act that over again upon the prince of orange , which was long ago practised upon manlius valence ; of whom tacitus says , quo incautius deciperetur , palam laudatus ; they court him to his face , that they may the better cut his throat behind his back . for there are none so weak , or unthoughtfull , but they must from their own woful experience allow that to be true which mr. pryn observeth in his preface to sir robert cotton's records ; namely , that kings created and set up meerly by parliaments , without any hereditary title , have seldom answered the lords and commons expectations in the preservation of their just liberties , and answers to their petitions . but if people want bravour to push the defence of their liberties and estates thus far , though legally they may , let them at least calmly , refuse to pay , and warn the officers that if they take any thing , it is at their peril : and i shall account those collectors and constables both very unwise , and very bold , who will be so hardy as to break into mens houses , and to make destraints . for let them be assured , that whosoever ventureth upon it , will ere long be called to a reckoning ; and besides other punishments they will be brought to undergo , they will feel what it is to fall under reprizals . but should any frantick williamite be so far transported as that amounteth unto , it becomes every true english man in that case to make a replevin ; and we shall then see how the gentlemen in scarlet will decide the question , whether this parliament be a legal parliament ? nor are they ignorant of the laws as most others are , which will make their crime the more unpardonable , as well as the greater , if they shall subvert and trample upon them . and seeing they know what was the fate of wayland , lord chief justice of the common pleas in edward the first 's time ; and of thorpe , lord chief justice of the king's bench in edward the third's time ; and of tresilian and belknap , and four judges more , in the time of richard the second , it is to be supposed that they , who fill the benches now , will not be ambitious of the like destiny . nor , will it be amiss for them to remember also the reign of king alfred , who caused hang justices , or judges , in one year for corrupt and false iudgments ; ( see mirrour of iust. cap. . sect. . ) and being acquainted with foreign histories both ancient and modern , it cannot have escaped them in their reading , with what beautiful hangings a certain emperour caused adorn a court of jedicature ; namely , with the skins of corrupt judges stuff with straw , and hung over the bunch where they had prevaricated from equity , justice , and law. but if they be loath to look so far back , let them only recollect the proceeding of the parliament in the year . against those judges who in the matter of ship-money had given judgment against mr. humbden . and if that gentleman being only assessed ●o 〈◊〉 yet rather than pay it , when he thought not himself obliged to it by law ▪ chose to undergo great trouble , and to be at vast charges , in order to bring the validity of the ship writs to a legal tryal ; what will posterity say of us , if in a matter of more weight in it self , and where all the law of england is on our side , we have not the fortitude and generousness , through the refusing to pay taxes , to force the case of this parliaments being dissolved by the death of the late princess into westminster hall ? and i will only say to all true english men , what germanicus when dying said to his friends , viz. erit vobis locus querendi apud senatum , & invocandi leges ; that this is the time , if ere there was one , of appealing to the westminster hall courts , and for calling for the relief and benefit of the laws of the kingdom . and thus , sir , i have returned you the best answer i can to your second query , as i had given you one about a week ago to your first . nor will i prefume to trouble you any farther at present , save meerly to add , that as you do still retain an authority over me , and are at liberty to command me in whatsoever you judge to be for the service of my king and country : so i do assure you , that i will never in any thing decline to obey you ; the highest . ambition i have being , to appprove my self , sir , your most humble and most obedient servant . april . . errata . page . line . for 〈◊〉 read 〈◊〉 , p. . l. . before also r. is , p. . l. . r. insensius , ibid. l. , before man r. the , ibid. l. . before unlikely , r. not , p. . l. . for a r. the p. . l. . for hand r. head , p. . l. . dele his , p. . l. . r. exercise , p. . l. . and p. . l. . r. hypothesis . an appeal to the house of commons, desiring their ansvver: vvhether the common-people shall have the quiet enjoyment of the commons and waste land; or whether they shall be under the will of lords of mannors still. occasioned by an arrest, made by thomas lord wenman, ralph verny knight, and richard winwood esq; upon the author hereof, for a trespass, in digging upon the common-land at georges hill in surrey. / by gerrard winstanly, iohn barker, and thomas star, in the name of all the poor oppressed in the land of england. winstanley, gerrard, b. . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing w thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) an appeal to the house of commons, desiring their ansvver: vvhether the common-people shall have the quiet enjoyment of the commons and waste land; or whether they shall be under the will of lords of mannors still. occasioned by an arrest, made by thomas lord wenman, ralph verny knight, and richard winwood esq; upon the author hereof, for a trespass, in digging upon the common-land at georges hill in surrey. / by gerrard winstanly, iohn barker, and thomas star, in the name of all the poor oppressed in the land of england. winstanley, gerrard, b. . barker, john, th cent. star, thomas. england and wales. parliament. house of commons. [i.e. ] p. s.n.], [london : printed in the year, . place of publication from wing. p. misnumbered . annotation on thomason copy: "july. .". reproduction of the original in the british library. eng inclosures -- england -- early works to . levellers -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason e _ ). civilwar no an appeal to the house of commons,: desiring their ansvver: vvhether the common-people shall have the quiet enjoyment of the commons and wa winstanley, gerrard d the rate of defects per , words puts this text in the d category of texts with between and defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - angela berkley sampled and proofread - angela berkley text and markup reviewed and edited - pfs batch review (qc) and xml conversion an appeal to the house of commons , desiring their ansvver : vvhether the common-people shall have the quiet enjoyment of the commons and waste land ; or whether they shall be under the will of lords of mannors still . occasioned by an arrest , made by thomas lord wenman ▪ ralph verny knight , and richard winwood esq ; upon the author hereof , for a trespass , in digging upon the common-land at georges hill in surrey . by gerrard winstanly , iohn barker , and thomas star , in the name of all the poor oppressed in the land of england . vnrighteous oppression kindles a flame ; but love , righteousness , and tenderness of heart ▪ quenches it again . printed in the year , . an appeal to the house of commons , desiring their ansvver ; whether the common-people shall have the quiet enjoyment of the commons and waste lands : or whether they shall be under the will of lords of mannors still . sirs , the cause of this our presentment before you , is , an appeal to you , desiring you to demonstrate to us , and the whole land , the equity , or not equity of our cause ; and that you would either cast us by just reason under the feet of those we call task-masters , or lords of mannors , or else to deliver us out of their tyrannical hands : in whose hands , by way of arrest , we are for the present , for a trespass to them , as they say , in digging upon the common-land . the setling whereof , according to equity and reason , wil quiet the mindes of the oppressed people ; it will be a keeping of our nationall covenant ; it will be peace to your selves , and make england the most flourishing , and strongest land in the 〈◊〉 and the first of nations that shall begin to give up their crown and scepter , their dominion and government into the hands of jesus christ . the cause is this , we , amongst others of the common peopl●● that have been ever friends to the parliament , as we are 〈◊〉 red our enemies wil witness to it , have plowed and dig'd upon georges hill in surrey , to sow corn for the succour of man , offering no offence to any , but do carry our selves in love and peace towards all having no intent to meddle with any mans inclosures , or propriety , til it be freely given to us by themselves , but only to improve the commons and waste lands to our best advantage , for the relief of our selves and others , being moved thereunto by the reason hereafter following , not expecting any to be much offended , in regard the cause is so just and upright . yet notwithstanding , there be three men ( called by the people lords of manors ) viz. thomas lord wenman , ralph ve●ny knight , and richard winwood esquire , have arrested 〈◊〉 for a trespass in digging upon the commons , and upon the arrest we made our appearance in kingstone court , where we understood we were arrested for medling with other mens rights ; and secondly , they were incouraged to arrest us upon your act of parliament ( as they tell us ) to maintain the old laws ; we desired to plead our own cause , the court denied us ▪ and to fee a lawyer we cannot , for divers reasons , as we may shew hereafter . now sirs , our case is this , for we appeal to you , for you are the only men that we are to deal withall in this business ▪ whether the common people , after all their taxes , free-quarter , and loss of blood to recover england from under the norman yoak shal have the freedom to improve the comon● , and waste lands free to themselves , as freely their own , as the inclosures are the propriety of the elder brothers ? or whether the lords of manors shall have them , according to their old custom from the kings will and grant , and so remain task-masters still over us which 〈◊〉 the peoples slavery 〈◊〉 conquest . we have made our appeal 〈◊〉 , to settle this matter in the equity and reason of it , and to pass the sentence of freedom to us you being the men with whom we have to do in this business , in whose hands there is power to settle it , for no court can end this controversie ▪ but your court of parliament , as the case of this nation now stands . therefore we 〈◊〉 you to read over this following declaration , wherein we have declared our reason , that the commons and waste lands is the common peoples , and that in equity you ought to let them quietly enjoy them , as the elder brothers quietly enjoy their inclosures . the profit of this business to the nation , the quitting of the hearts of the poor oppressed that are groaning under burthens and streights and the peace of your own hearts , to see the peare of the nation setled in his plat-form , will much countervail the spending of so much time . sirs , you know , that the land of england in the land of our nativity , both yours and ours , and all of us by the righteous law of our creation , ought to have food and rayment freely by our righteous labouring of the earth , without working for hire , or paying rent one to another . but since the fall of man from that righteous law . the nations of the world have rise up in variance one against another , and sought against murdered , and stoln the land of their nativity one from another , and by their power of their conquests , have 〈◊〉 set up some to rule in tyranny over others , and thereby have enslaved the conquered , which is a burden the whole creation hath , and yet does groane under . the teeth of all nations hath been set on edge by this four grape , the covetous murdering sword . england , you know , hath been conquered and enslaved divers times , and the best laws that england hath , ( viz. magna charta ) were got by our forefathers importunate petitioning unto the kings , that stil were their task-masters ; and yet these best laws are yoaks and manicles , tying one sort of people to be slaves to another ; clergy and gentry have 〈◊〉 their freedom , but the common people stil are , and have been left servants to work for 〈◊〉 like the israilites under the egyptian task masters . the last enslaving yoak that england groaned under , ( and yet is not freed from ) was the norman , as you know ; and since william the conqueror came in , about six hundred years ago , all the kings that stil succeeded , did confirm the old laws ▪ or else make new ones , to uphold that norman conquest over us ; and the most favouring laws that we have , doth stil binde the hands of the enslaved english from enjoying the freedom of their creation . you of the gentry , as wel as we of the comonalty , all groaned under the burden of the bad government , and burdening laws under the late king charls , who was the last successor of william the conqueror : you and we cried for a parliament , and a parliament was called , and wars , you know , presently begun , between the king , that represented william the conqueror , and the body of the english people that were enslaved . we looked upon you to be our chief councel , to agitate business for us , though you were summoned by the kings writ , and chosen by the free-holders , that are the successors of william the conquerors souldiers ; you saw the danger so great , that without a war england was like to be more enslaved , therefore you called upon us to assist you with plate , 〈◊〉 , freequarter , and our persons ; and you promised us , in the name of the almighty , to make us a free people ; 〈◊〉 on you and we took the national covenant with joynt consent , to endeavour the freedom , peace and safety of the people of england . and you and we joyned purse and person together in this common cause ; and wil the conquerors successor , which was charls , was cast out ; and thereby we have recovered our selves from under that norman yoak ; and now unless you and we be meerly besotted with covetousness , pride , and slavish fear of men , it is , and will be our wisdom to cast out all those enslaving laws , which was the tyrannical power that the 〈◊〉 ●rest as down by : o shut not your eyes against the light , darken nor knowledg , by dispute about 〈◊〉 mens priviledges , when universal freedom is brought to be tried before you , dispute no further when truth appears , but be silent , and practise it . stop not your ears against the secret mourning of the oppressed , under these expressions , lest the lord see it , and be offended , and shut his ears against your cries , and work a deliverance for his waiting people some other way then by you . the maine thing that you should look upon is the land , which calls upon her children to be freed from the entanglement of the norman task-masters , for one third part lies waste and barren , and her children starve for want , in regard the lords of manors will not suffer the poor to manure it . when william the conqueror came in , he took the land from the english , both the enclosures from the gentry , and the commons and waste lands from the common people , and gave our land to his norman souldiers . therefore seeing we have with joynt consent of purse and person conquered his successor , charls , and the power now is in your hand , the nations representative ; o let the first thing you do , be this , to set the land free . let the gentry have their inclosures free from all norman enslaving intanglements whatsoever , and let the common people have their commons and waste lands set free to them , from all norman enslaving lords of mannors , that so both elder and younger brother , as we spring successively one from another , may live free and quiet one by , and with another , not burthening one another in this land of our nativity . and this thing you are bound to see done , or at least to endevor it , before another representative succeed you ; otherwise you cannot discharge your trust to god and man , for these reasons , first , if you free not the land from entanglement of all norman yoaks , or ●●ther bondages , so that the people 〈◊〉 well as another may enjoy the benefit of their 〈…〉 to have the land free to work upon , that they may eate their bread in righteousness ; that is to say , let the freeholders have there freedom to work quietly in their inclosures , and let the common people have their commons and waste lands 〈◊〉 to themselves . if you establish not this seeing power now is in your hand , you will be the first that break covenant with almighty god . for you swore in your national covenant to endeavour a reformation according to the word of god , which reformation is to restore us to that primative freedom in the earth , in which the earth was first made and given to the sons of men , and that is to be a common treasury of livelihood to all , without working for hire , or paying rent to any , for this is the reformation according to the word of god before the fall of man , in which there is no respect of persons . and seeing in particular you swore to endeavour the freedom , peace and safety of this people of england , shutting out no sort from freedom ; therefore you cannot say that the gentry and clergy were only comprehended , but without exception , all sorts of people in the land are to have freedom , seeing all sorts have assisted you in person and purse , and the common people more especially , seeing their estates were weakest , and their misery in the wars the greatest . therefore let the gentry and freeholders have their inclosures freed from all entanglements of fines , heriots and other burdens , and let the common people have their commons and waste lands freed from entanglements of the norman lords of mannors , and pluck up all norman tyranny by the roots , and so keep your covenant that you , and all 〈◊〉 of people may live in peace one among another . secondly , if this freedom be not granted quietly , you will pull the blood and cries of the poor oppressed upon heads ; first , because you have taken their money in taxes , and freequarter from them , whereby they are made worse able to live then before the wars . secondly , because in your low estate , when you called upon us to come and help a bleeding dying nation , and we did come with purse and person , and under-went great hardship , and you stil promised us freedom in the end , if in case you and we prevailed over the norman successor , and we have prevailed . and if now , while the price is in your hand , you should stil leave us under the norman lords of manors , and will not quietly suffer us to plant our selves upon the commons , and waste land , which is ours by the law of our creation , and which is ours now by conquest from under our oppressor , for which we have paid taxes , given free-quarter , and adventured our lives ; the common-land now is as freely the common peoples , as you can say the inclosures are your propriety . if you deny this freedom , then you justly pull the blood and cries of the poor oppressed upon you , and are covenant-breakers , and wil be proved double hypocrites : first , to almighty god , in breaking covenant with him , for in his name you made the covenant . secondly , to men , in breaking covenant with them , for the matter of the covenant was the freedom , peace , and safety of the people of england , taking in all sorts of people . thirdly , if you do not set us free from the norman yoake , now after you have taken our taxes and free-quarter from us , whereby we have dearly bought our freedom , and you thereupon promised freedom , and you have power now to give it , for if you speak the word the norman yoaks will be broke , and all sorts will rejoyce in freedom and righteousness ; but if you will not , you give a just occasion to the common people of england , never to trust the fair words of a parliament any more , as you were alwayes very slow in trusting the king , when he swore by the word of a king , because you found that subtilty and self lay under , and no reality . and truly the hearts of people are much falling from you , for your breach of promises when you have power to keep them , and for your neglect of giving them their freedom , and removing burthens ; and what danger may ensue by that to your selves , and the nations , you know how to judg ; and for our parts we are sorry to hear the muttering of the people against you . o that there were a heart in you to consider of these things , and act righteousnesse , how sweetly might you and the people live together : if you grant this freedom we speak of , you gain the hearts of the nation ; if you neglect this , you will fall as fast in their affections as ever you rise : i speak what i see , and do you observe ; slight not that love that speaks feelingly , from the sence of the nations burdens . fourthly , if still you should establish the old norman laws , and confirm lords of manors in their ancient custom , and oppressing power over the common-people , you would now at length , after the wars with king charls are over , take part with such ( as is known very well ) as have been either flat enemies , or ambidexters all along the wars , and will cast such as have been your true friends at the feet of the nations enemies , to be still oppressed by their cruelty . surely if these lords and free-holders have their inclosures established to them in peace , is not that freedom enough ? must they needs have the common land likewise ? as ahab , that was restlesse till he had naboths vineyard , and so in the midst of their abundance , yet will eat the bread out of the poores mouthes . o , the land mourns in her children , under the hard hearted covetousnesse of these men . fifthly , if you establish the old norman laws , that lords of manors shall still have the commons and waste lands , then you are the maintainers of the old norman murder and theft still ; for lords of manors came to be tyrants over the poor enslaved english , by the murder and theft of william the conqu●rour , and downwards to this day they have held title to their royalties therefrom , and from the will of the king ; for when he had conquered , he turned the english out , and gave their land to his norman souldiers . sixthly , if you establish the old norman laws , and this especially ▪ that the lords of manors shall still be lords of the common land and the common people be still enslaved to them , then you pull the guilt of king charles his blood upon your own heads ; for then it will appear to the view of all men , that you cut off the kings head , that you might establish your selves in his chair of government , and that your aym was not to throw down tyranny , but the tyrant . but alas , the kings blood was not our burthen , it was those oppressing norman laws , whereby he enslaved us , that we groaded under . let it not be said in the ears of posterity , that the gentry of england assembled in parliament , proved covenant-breakers , oaths , protestations , and promise brekkers to god , and the common people , after their own turn was served ; and killed the king for his power and government , as a thief kils a true man for his money . i do not say you have done so , but for shame dally no longer , but cut off the bad laws , with the kings head , and let the poor oppressed go free , as well as the gentry and clergy , and you will finde more peace . let the common land be set free , break the norman yoak of lords of manors ; and pull not the cryes and blood of the poor oppressed upon you seventhly , know this , that if ever you , or any parliament of england , do england good , you must make all your laws in the light of equity and reason , respecting the freedom of all sorts of people ; but if you respect some sort of people , to wit , the gentry , and clergy , and give freedom to them ; for they , by vertue of your act of parliament , establishing the old norman laws , do arrest and trouble me and others , for digging upon the commons , whereas by vertue of the victory over the king , in regard i have to my estate given free quarter and taxes for englands liberty , as they have done , i have as much right to the common land as they ; therefore i say , if the gentry and clergy must have their norman power established to them , and the common people , that are more considerable for number and necessities , be left still under the yoak , you will be proved the foolish builders . surely if you found out the court of wards to be a burden , and freed lords of mannors , and gentry from paying fines to the king ; and freed their children from the slavery of falling ward ; let the common people be set free too from paying homage to lords of manors ; and let all sorts have freedome by vertue of this conquest over the norman successor● and seeing you took away the will of the king from enslaving lords of mannors , take away the will of lords of mannors from enslaving the common people . thus sirs , we have made our appeal to you , as the only men that must and can give sentence of freedome in this controversie , and that you will not leave us in the cruell hands of lords of mannors , the successors of the norman task-masters ; for there are but three wayes that lords of man●●● can lay claime to the common land , and yet all three are too weak to build a just title upon : first , if they can prove , that the earth was made by almighty god peculiarly for them , and not for others equall with them , then we have trespassed in digging upon their rights ; but the earth was made as free for us as for them ; therefore they have trespassed against us their fellow-creatures , in troubling us by their tyrannicall arrest , and hindering us from our righteous labor . secondly , if they say , that others sold or gave them the title to the commons , by way of inheritance ; they are to prove by what authority any other had from the pure law of our creation , to give away or sell the earth from the use of any of their fellow creatures , it being the common store-house of livelihood for all , without respect of persons . he that sels the earth , and he that buyes , doth remove the land-mark from the third person , because the land that is bought and sold , belongs to the third man , as well as to the other two that buys and sels ; and they two persons that buys and sels , and leaves the land that is bought for an inheritance to their children , excluding others , they murder the third man , because they steal away his livelihood from him ; for after a man hath bought the land , and paid money for it to another , he saith , this is my land , i have paid for it : but the third man comes in , and saith , the land is mine , equall with you by the law of creation ; and so he that is the buyer , he begins to draw his sword , and to fight ; and if he conquer , he rejoyces , and sayes , the land is now mine indeed , i have bought , and i have conquered . but thou coverous person , so long as there is another man in the world besides thee , and him whom thou hast killed , the earth belongs to him as well as to thee ; and this is the case of the nations of the world , and thus propriety came in , and hath been left as an inheritance to children ; which is the burden the creation groans under . here we see who are thieves and murderers ; even the buyers and sellers of land , with her fruits , these are they that take away another mans right from him ; and that overthrowes righteous propriety , to uphold particular propriety , which covetousnes the god of this world hath set up . but thirdly , if lords of manors say , as it is truth , that they hold title to the commons by custome , from the kings will , as they do , this is as bad as the other ; for we know the king came in by conquest , and gave the land to these forefathers , to be task-masters over the conquered english . but if you say , that these later kings were chosen by the people , it is possible it might be so , but surely it was when his greatness over-awed them , or else they would never have chosen him to enslave them , and to set task-masters over them . but seeing the common people have joyned person and purse with you , to recover your selves from under the tyranny of kings , and have prevailed ; the common people now have more truer title to the common lands , then the lords of manors , for they held title by conquest and sword of the king ( we now the common people have recovered the land again by conquest and sword in casting out the king ) so that the title of lords of manors is broke . therefore now the common people have more true title to the common land , then lords of manors have , in regard they have recovered themselves out of slavery by taxes , free quarter , and conquest , yet we shut them not out , but let them take part with us as fellow creatures , and we with them , and so honour our creator in the work of his own hands . thus we have declared our cause without flattery to you ; if you leave us in the hands of oppression , and under the power of the old tyrannicall laws , know this , that we suffer in pursute of o●● nationall covenant , endeavouring a reformation in our place and calling , according to the word of god , and you shall be left without excuse . set the land free from oppression , and righteousnesse will be the laws , government , and strength of that people . these are some of the norman laws which william the conqueror brought into england . first , he turned the english out of their lands , and placed his norman souldiers therein , and made those that had the greatest portion , lords , and barons , and gave them a royalty to the commons , to hold from his will , as a custome , whereby the common people should not plant themselves anywhere in the land , upon any common-land , but some lord of manor or other should know of it , and hinder them , as these three that have arrested us , viz. wonman , verny , and winwood , lord , knight , and esquire , the three estates of the norman gentry , will not suffer us to dig quietly upon georges hill , but seek to drive us off , having no more claim thereunto but an ancient custom , which they hold from the kings will , where by they have , and stil would tyrannize over the people : and this is the rise and standing of lords of manors . secondly , another norman law is this ▪ william the conqueror caused the laws to be written in the norman and french tongue ; and then appointed his own norman people to expound and interpret those laws , and appointed the english people to pay them 〈◊〉 fee for their paines , and from hence came in the trade of lawyers ; he commanded likewise that noman should plead his owncause , but those lawyers should do it for them . thirdly , william the conqueror broke that good and quiet course of ending contro● versies in a neighbourhood , and commanded the people to come up to westminster ster to the four terms every year to have their causes tried . fourthly , william the conquer or brought in the paying of tithes to the clergy , in thankfulness to the pope , and clergies good services in preaching for him , and so to perswade the people to embrace him . these are some of the norman laws and burthens , which if removed , it would be much ease and quiet to this nation . finis . a list of the names of the members of the house of commons observing which are officers of the army, contrary to the selfe-denying ordinance: together with such summes of money, offices and lands, as they have given to themselves, for service done, and to bee done, aginst [sic] the king and kingdome. note, reader, that such as have this marke (*) comming immediatly before their names, are recruiters; illegally elected, by colour of the new-scale, the power of the army, and voices of the souldiers, and are un-duly returned, and serve accordingly. the first centurie. el., m., fl. . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing e a thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) a list of the names of the members of the house of commons observing which are officers of the army, contrary to the selfe-denying ordinance: together with such summes of money, offices and lands, as they have given to themselves, for service done, and to bee done, aginst [sic] the king and kingdome. note, reader, that such as have this marke (*) comming immediatly before their names, are recruiters; illegally elected, by colour of the new-scale, the power of the army, and voices of the souldiers, and are un-duly returned, and serve accordingly. the first centurie. el., m., fl. . elsynge, henry, - , attributed name. sheet ([ ] p.) s.n., [london : ] signed at end: m. el.; sometimes attributed to henry elsynge. imprint from wing. a second century was published later the same year. annotation on thomason copy: "aug: th .". reproduction of the original in the british library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- parliament -- early works to . political corruption -- england -- early works to . great britain -- politics and government -- - -- early works to . - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - jonathan blaney sampled and proofread - jonathan blaney text and markup reviewed and edited - pfs batch review (qc) and xml conversion a list of the names of the members of the house of commons : observing which are officers of the army , contrary to the selfe-denying ordinance : together with such summes of money , offices and lands , as they have given to themselves , for service done , and to bee done , aginst the king and kingdome . note , reader , that such as have this marke ( * ) comming immediatly before their names , are recruiters ; illegally elected , by colour of the new-seale , the power of the army , and voices of the souldiers , and are un-duly returned , and serve accordingly . the first centurie . william lenthall , speaker of the house of commons , worth l. per an . beside rewards for courtesies ( not to say bribes ) master of the rolls , worth l. per an . beside the sale of offices : chamberlain of chester in the earle of darbies place : and untill of late chancellor of the dutchy of lancaster . worth l. per an . and one of the commissioners of their great-seale , worth l. per an . and had l. given him at one time by the house . bulstred whitlock , commissioner of the great-seale , worth l. per an . and had l. given him out of mr. george minn's estate . edmond prideaux , formerly a commissioner for the great seale , worth l. per an . now by ordinance practises within the bar , as one of the kings councell , worth l. per an . and is post master for all inland letters , worth l. every tuesday night , beside his supper , and it was thus got : the lord stanhop , the post masters , and carriers of england complained , in parliament , against mr. witherings and others , touching the carrying of letters : whereupon the benefit of forraigne letters were given to the earle of warwick , worth l. per an . and the inland letters to mr. prideaux-good parliament justice . roger hill , a barrester of the temple , in no practise , nor of a considerable estate ; till this parliament : hath now from the house , the bishop of winchester's mannor of taunton-deane , being the best of england ; and worth l. per annum ; when the estates for lives determine . h●mphry salway , the kings remembrancer in mr. fanshawe's place , worth . l. per annum . francis rous , provost of eaton , in dr. steward's place ; worth . l. per annum . john lesle , barrester of the temple , mr. of st. croosses , in dr. lewes his place ; being a place for a divine ; and worth . l. per an . oliver st. john , by ordinance both attorney , and solicitor to the king ; worth what hee please to make it ; and hath the passing of all pardons upon compositions ; worth . l. sir william allison , alderman of yorke , clarke of the hamper ; worth . l. per an . thomas hoyle , alderman of yorke , treasurer's remembrancer in the exchequor , in sir peter osborne's place ; worth l. per an . * francis thorpe , receiver of the moneyes in york-shire ; and charged by some of the county for detayning . l. thomas pury senior , first a weaver in glocester ; then an ignorant countrey solicitor , had . l. given him , and mr. gerrard's place in the petty-bag ; worth . l. per an . * thomas pury junior , son to the elder , receiver of the kings rents , in glocester , and wilts , clearke of the peace of glocester shire ; worth . l. per an . and captaine of foot , and horse the first yeare of this parliament , servant to mr. towneshed ; an attorney of staple inn. william ellis , steward of stepney ; worth . l. per an . and by him sold to one of the temple . miles corbet , at the beginning of the parliament . l. in debt for himselfe and his mother , more then he was worth : now one of the registers in chancery ; worth . l. per an . besides chair-man for scandalous ministers ; worth . l. per an . and hath mony in his purse . john goodwine ; the other register in chancery , worth . l. per annum . sir thomas widdrington , a commissioner of the great-seale ; worth . per an . edward bishe , garter herauld , in sir edward walkers place , worth l. per an . * walter strickland , agent in holland for the two houses of parliament , worth to him . l. nicholas love , mr. speakers chamber-fellow , one of the six clarkes in chancery , in mr. penruddocks place ; worth . l. per annum . sir gilbert gerrard , much in debt before the parliament , pay-master to the army , and had . d. per pound allowed , besides gratuities ; worth . l. and now chancellor of the dutchey ; worth l. per an . gilbert gerrard , his second sonne , clarke of the dutchey ; and for whose benefit the clarkeship of the assize in norfolke , is graunted to mr. edward garret his cosen by the procurement of sir gilbert , and is worth . l. per an . john selden , had given him . l. which hee refused to accept ; keepes his conscience , and often dissents from the votes of the house . * john bond , ( sonne to dennis bond , a parliament man ) made master of trinity-hall in cambridge , which mr. selden refused to accept of . sir benjamin : rudiard given him . l. and hath he not deserved it ? * lucas hodges , customer of bristoll . sir john hipsley , hath the keeping of three of the king's parks , mary-bone-parke , that was mr. carews , hampton-parke , and bushey-parke , and given him . l. in mony. sir thomas walsingham , the honour of eltham , that was the earle of dorsets , the middle parke and house , which was mr. whites , and hath cut downe timber trees . benjamin valentine , given him . l. * sir henry heyman , given him . l. denzell holles , given him . l. * nath. bacon , given him l. * john steephens , given him out of the lord astley's composition . l. * henry smith , made one of the six clarkes , worth . l. per an . robert reynolds , had . l. given him ; besides abington hall , and the lands , worth . l. per an . hath bought a good penniworth of bishops lands ; hath . l. beyond sea , as hee made appeare upon his marriage . sir john clotworty , treasurer for ireland , and by the army charged with defrauding of the state of . l. which may bee one reason , the king could never get an accompt of the moneys raised for the irish , though hee desired it . john ashe , given him out of mr. john coventryes composition . l. out of sir edward moseley's . l. out of mr. edward phillip's . l. out of sir john stowell's estate l. and ( which is worth all this ) is the great chaire-man at goldsmiths-hall . is not this better then clothing ? * john lenthall , sonne to the speaker , made one of the six clarkes , worth l. per an . * francis allen , a poore gold-smith at st. dunstans in fleete-str●ete , now made a customer for london . giles greene , the receiver of yorkeshire , being put out of his place got it for his soone in lawe ; is chaire-man for the navy , and for sir thomas dawes his estate , and what it was worth to him , sir thomas dawes his creditors will tell you ; for they get nothing . francis pierpoint hath the arch-bishop of yorkes lands lying in nottingham-shire . william pierpoint hath . l. given him , and all the earle of kingston's personall estate , worth . l. * john palmer , mr. of all-soules in oxford , in doctor shelden's place , a divine . * john blakeston , a poore shop-keeper in new-castle , was executor , to the executor of sir john fenner , trusted with . l. for charitable uses , and was sued in chancery to performe the trust ; but got himselfe returned a burgesse for new-castle by the scotch garrison there ; had . l. given him out of one gentlemans composition , and out of others , as much as made it up . l. as was made appeare at a committee before mr. sandis of the temple , chaire-man ; hath also a cole-meter's place , worth . l. per an . and the bishop of durham's castle at durham , and lands of great value . tho. ceely , long a prisoner for debt , help'd out by the parliament and made recorder of bridgewater . * thomas moore , an officer in the custome house ; and his brother , governour of ludlow . * seawine , given him . l. isaac pennington , twice broke ; once lieutenant of the tower ; a yeare and a halfe lord mayor of london before his time ; had . l. given him ; and hath store of bishops lands . samull vassell , given him . l. oliver cromwell , lieutenant generall hath . l. per an . given him out of the marquesse of worcesters estate , for which . l. per an . is set out at the rate of . l. sir william brereton , collonel generall for the cheshire forces ; hath cash●bery , and other lands of the lord capell , worth . l. per an . and the arch-bishops house and lands at croiden , where hee hath turned the chappell into a kitchin. a goodly reformation and fits with his stomack , as well as his religion . * thomas waite collonel , governor of burley , where hee thrives so well , as he is now buying . l. per an . who before was not able to buy l. a yeare . sir oliver luke , decayed in his estate , colonel of horse . sir samuel luke , his son , collonel , and scout-master for the counties of bedford , &c. * thomas gell ▪ lieutenant collonel to sir john gell. made recorder of darby , in master allestrie's place . valentine walton , collonel and governor of lin regis . * richard norton , collonel , governor of southampton . * edward harvey , late a poore filke-man , now collonel , and hath got the bishop of london's house and mannor of fullham . * edward rossiter , collonel , and g●nerall of all the lincolneshire forces , and governor of belvoir castle . * sir michael livesey , collonel , sequestrator , and plunder-master generall for kent . * henry ireton ( son in law to lievetenant-generall cromwell ▪ collonel and commissary-generall . * richard salwey , collonel , formerly a grosser's man. * john birch , formerly a carrier ; now a collonel . * edward massey , generall for gloucestershire , and governour of gloucester ; and sir john winter his estate given him . * thomas rainshorow , a skipper of lin , collonel , governor of woodstock and vice-admirall of england . * robert blake , collonel , governor of taunton . * francis russell , collonel . * rowland wilson , collonel . * robert harley , collonel , son to sir robert harley , * richard browne , major-generall , and governor of abingdon . * peter temple , captain of a troope of horse . * f●hn ven , collonel , governor of windsor * algernon sidney , governor o● dover castle . * richard ingolsby , collonel , governor of oxford . * john hutchinson , collonel , governor of nottingham . * sir john palgrave collonel at the siege of newarke . * edmond ludlowe , governor of * sir anthony astley cooper , collon●l . * philip skippon , serjeant-major-generall of the army , major g●●erall of london , and governor of bristoll . * charles fleetwood , collonel . * thomas westrow , captain under sir michael livesey , was nothing worth , untill a captain and a parliament-man ; and now hath gotten the bishop of worcesters mannor of hartlerow , which proves he hath two good and beneficiall offices . henry marten , collonell of a regiment of horse , and a regiment of whores . nathaniel fiennes , collonel , once governor of bristoll . thereby hangs a tayle : anthony stapley , collonel , governor of chichester . alexander rigby , collonel , and governor of bolton . charles pym , captain of a troope of horse . sir arthur haslerig , collonel , governor of newcastle , and hath the bishop of durham's house , parke , and mannor of aukland . william jepson , collonel . sir thomas middleton , major generall for denbigh and five other counties . godfrey boswell , collonel . the lord grey of grooby ( son to the earle of stamford ) collonell ; and hath given to him the queens mannor house , parke and lands at holdenby , and there 's a great fa●l of the woods . william constable , collonell . sir william purefoy , collonel , and governor of coventry , fought resolutely against the crosse in the market-place at warwick , and against the antient monuments in the earles chapell in saint maries church there ; for which he had l. given him ; but when he should have fought with the enemy , hid himselfe in a barley-field , for which , a water man at temple-staires , ( that had been his souldier ) refused to carry him . sir edward hungerford , collonel , famous for plundering warder castle ; hath the lands of the countesse dowager of rutland ; worth . l. per an . and she allowed but . l. harbert morley collonell , plunder mr. of surrey . john moore , collenel of the guards , and for some time had the benefit of passes out of london . walter long , collonel , had . l. and the office of register for foure yeares . sir william water generall , and lost two armies , yet a gainer by the imployment . john all●●ed colonel . michaell oldsworth , no collonel ; but governor of pembrooke and mongomery , and hath a share with his lord out of sir hen●y ●omp●on's office ; worth . l. per annum and is keeper of windsor parke . besides these offices , commands , and gratuities ; every member of the house of commons , being in all . are by their own order allowed . l. per weeke a man ; which amounts to . l. per annum . by the ordinance for sequestring delinquents [ . aprill . ] it was declared that their estates should go for maintenance of the publique affaires , and severall ordinances designed bishops lands for pay of . l. publique debt : yet by this and the following centuries thou shalt see how both delinquents estates and bishops lands are by members of parliament shared amongst themselves , whilest the l. is unpaid , the publique affaires supported by unsupportable taxes and that dutch divill excise that insensibly devoures the poore , and will impoverish the rich . these are they that with hananiah ; breake the wodden yoake from our necks , [ . jeremiah ] and put on one of iron ; free us from a little ship-money paid thrice in an age , and impose as much at once for a monthly tax , quit us of the monopolies of tobacco , and set up excise on bread and beere . the first easeth the wanton rich man , and the latter grindeth the needy and poore . yet these are thy gods o london ! these are the idoll-calves the people have set up and doe worship ; these be the molec to whom ye sacrifice sonnes and servants by troopes , regiments and armies , to maintain their soveraignty , rebellion and profit . and that these and other their actions may never be questioned , they his majesties loyall and obedient subjects will alwaies imprison their king ; continue their army ; perpetuate their parliament , and intaile their memberships ( as the priest-hood on levi ) upon confiding families , to furnish them with votes , as mr. gilbert gerard and his two sonnes , brampton guidon and his two sonnes ; sir robert harley and his two sonnes ; three fines , ashes , stephens , pelhams , herberts , temples ; it were endlesse to name the father and the sonne ; brother and brother that fills the house ; they come in couples more then uncleane beasts to the arke . vanes , puries , chaloners , bacons , pierponts , bonds , onslowes : lenthalls , &c. and that our ecclesiasticks may comply with our temporall governors , the houses abolish ( as superstitious because legall ) the convocation of learned divines ( regularly summoned by the kings-writ , and duly elected by the clergy ) and the house of commons nominates an assembly of gifted divines ( indeed wicked simons ) that slander the godly o●ias [ mac. . ] to out him of his priest's place ; so that at this day there is not one assembly-man but is illegally thrust into anothers benefice , a catalogue of whose names and preferments expect shortly , and with them a view of the militia and common-councell-men of london , observing what places , offices and salaries they have from the houses of parliament , and then thou wilt know the reasons of their votes and actions in the city . reader , i would have presented thee at once with the intire list of all the names , offices and rewards of parliament-men , but i could not steale so much time from my weekly imployment , and am therefore necessitated to divide them into centuries ; the first thou hast , and shalt the other foure , whereof the next begineth with cornelius holland , and sir h. vane . farewel . m. el. die martis, . iulii, . whereas the lords and commons assembled, have been necessitated to take up and anticipate severall great sums of mony for the service of the parliament, ... england and wales. parliament. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) die martis, . iulii, . whereas the lords and commons assembled, have been necessitated to take up and anticipate severall great sums of mony for the service of the parliament, ... england and wales. parliament. sheet ([ ] p.) printed by r. cotes, and r. raworth, london : . text from caption and opening line of text. signed: joh. brown, cler. parliamentorum; h. elsynge, cler. parl. d. com. reproduction of the original in the british library. eng excise tax -- law and legislation -- great britain -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no die martis, . iulii, . whereas the lords and commons assembled, have been necessitated to take up and anticipate severall great sums o england and wales. parliament. a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - elspeth healey sampled and proofread - elspeth healey text and markup reviewed and edited - pfs batch review (qc) and xml conversion die martis , . iulii , . whereas the lords and commons in parliament assembled , have been necessitated to take up and anticipate severall great sums of mony for the service of the parliament , upon the credit of the receipts of the excise established and still in force by severall ordinances of parliament , and upon occasion of such loanes made unto them , have declared that they would continue the same receipts of the excise ; untill principall and interest were fully discharged , which cannot be yet compassed , by reason that the receipts of the excise have for many moneths past been very much obstructed , and so fallen very much short of what was expected , if the same could have been duly levied ; and foreseeing , that besides the satisfying of those engagements , it will be necessary to continue the same receipts of the excise the better to inable them to goe through the great work of establishing the peace of the kingdom , upon which they are at present ingaged ; and for the better easing of the people , upon whom the charge of so great a work must otherwise lye , and be raised with much difficulty and inconvenience , and in a farr more burthensome manner ; the lords and commons in parliament assembled doe hereby ordain , that the severall receipts of the excise and new-impost now in force , formerly appointed by ordinance of the . of september , . commonly called the grand excise ; so much of the ordinance dated the ninth of january , . concerning forain made salt imported ; the additionall excise and new-impost appointed by ordinance dated the eighth of july , . and the last additionall ordinance for the levying excise upon lead , gold , silver , and copper thread , gold , silver , and copper wyer , &c. dated the four and twentieth of november , . and all other orders , declarations and ordinances of parliament now in force , made in explanation , or for the better regulating all and every the said receipts , be yet continued , from , and after the nine and twentyeth day of september in the yeare of our lord untill the nine and twentyeth day of september , which shall be in the year of our lord god . to be managed by such persons , and in such manner as both houses of parliament shall think fit ; whereof , as all persons whatsoever are hereby required to take due notice and yeeld obedience thereunto accordingly , so , the said lords and commons doe declare , that whensoever they shall find the affairs of this kingdom to be in such a condition ( which they shall especially and earnestly endevour ) as may admit of the utter abolishing or lessening thereof , they will upon all occasions embrace the same , and shew how ready they are to give all possible ease unto the people . joh. brown , cler. parliamentorum . h. elsynge , cler. parl. d. com. london , printed by r. cotes , and r. raworth , . mr. prinns charge against the king. shewing that the kings design, purpose, and resolution, his endeavours, practice, and conversation, have alwayes been engaged, byassed, and tended to settle, establish, confirm, popery, tyranny, and slavery, in, among, over his dominions, subjects, people, and in order to that design, end, and purpose, he writ to the pope of rome ... engaging himself to the said pope, to endeavour to settle the popish religion only in his dominions; and since his coming to the crown, hath extented extraordinary favonrs [sic] upon, and protecti- on [sic] of notorious papists, priests & jesuits, against all prosecution of lawes enacted against them; notwith- standing all his protestations to the contrary, hath raised up a most horrid, unnatural, and bloudy warre, arming his roman catholique subjects to massacre, plunder, torture, imprison, ruine, his loyall, faithfull pious protestant subjects to burn, sack, and spoile their cities, towns and villages, collected from the bookes written. / by william prinne of lincolns inne, esquire. being but a very small tast from that main ocean of that which he hath written concerning the king, ... prynne, william, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing p thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) mr. prinns charge against the king. shewing that the kings design, purpose, and resolution, his endeavours, practice, and conversation, have alwayes been engaged, byassed, and tended to settle, establish, confirm, popery, tyranny, and slavery, in, among, over his dominions, subjects, people, and in order to that design, end, and purpose, he writ to the pope of rome ... engaging himself to the said pope, to endeavour to settle the popish religion only in his dominions; and since his coming to the crown, hath extented extraordinary favonrs [sic] upon, and protecti- on [sic] of notorious papists, priests & jesuits, against all prosecution of lawes enacted against them; notwith- standing all his protestations to the contrary, hath raised up a most horrid, unnatural, and bloudy warre, arming his roman catholique subjects to massacre, plunder, torture, imprison, ruine, his loyall, faithfull pious protestant subjects to burn, sack, and spoile their cities, towns and villages, collected from the bookes written. / by william prinne of lincolns inne, esquire. being but a very small tast from that main ocean of that which he hath written concerning the king, ... prynne, william, - . [ ], p. [s.n.], london : printed in the year . annotation on thomason copy: "[illegible] mber: th". reproduction of the original in the british library. eng charles -- i, -- king of england, - -- early works to . great britain -- history -- charles i, - -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason e _ ). civilwar no mr. prinns charge against the king.: shewing that the kings design, purpose, and resolution, his endeavours, practice, and conversation, ha prynne, william c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - pip willcox sampled and proofread - pip willcox text and markup reviewed and edited - pfs batch review (qc) and xml conversion mr. prinns charge against the king , shewing that the kings design , purpose , and resolution , his endeavours , practice , and conversation , have alwayes been engaged , byassed , and tended to settle , establish , confirm , popery , tyranny , and slavery , in , among , over his dominions , subjects , people , and in order to that design , end , and purpose , he writ to the pope of rome ( stiling him his most holy father , catholiqve majesty , thrise honoured lord & father ) engaging himself to the said pope , to endeavour to settle the popish religion only in his dominions ; and since his coming to the crown , hath extented extraordinary favours upon , and protecti-on of notorious papists , priests & jesuits , against all prosecution of lawes enacted against them ; notwith-standing all his protestations to the contrary , hath raised up a most horrid , unnatural , and bloudy warre , arming his roman catholique subjects to massacre , plunder , torture , imprison , ruine , his loyall , faithfull pious protestant subjects to burn , sack , and spoile their cities , towns and villages , collected from the bookes written . by william prinne of lincolns inne , esquire . being but a very small tast from that main ocean of that which he hath written concerning the king , and his ill beheaviour , since his coming to the crown ; as also with references unto clear , satisfactory , convincing answers unto severall objections , concerning resisting , censuring , suspending , depriving kings for their tyranny , yea capitally proceeding against them , by the said author . london , printed in the year severall objections concerning the lawfulnesse of opposing , resisting , censuring , suspending , depriving , and ( in some cases ) capitally proceeding against emperours , kings , and princes , for their oppression , tyrannie , cruelty , cleerely , fully , learnedly , and sufficiently answered , by the foresaid author , mr. william prinne . which objections are taken , . out of the old testament . . out of the new testament . . from reason . . from the example of primitive christians . . from the scriptures of the old testament . object . . numb. . corah , dathan , and abiram , for their insurrection , of that very divine authority which god himselfe had delegated to moses and aaron , without any injurie and injustice at all once offered to them , or any assault of them , &c , answered , page . object . . exod. . . thou shalt not revile the gods , nor curse the ruler of the people . eccle. . . curse not the king , no not in thy thought , &c. prov. . it is not good to strike prines , &c. answered , page . object . . deut. . vengeance is mine , &c. answered , page . object . . eccl. . , , . i counsell thee to keep the kings commandment , and that in regard of the oath of god ; be not hasty to go out of his sight ; stand not in an evill thing , for he doth whatsoever pleaseth him : where the word of a king is , there is power , and who may say unto him , what doest thou ? answered , page . object . . psal. . . touch not mine annoited , answered , pag. . . . , . object . . sam , , . . davids words concerning saul ; the lord forbid that i should do this thing unto my master the lords annoynteed , to stretch forth my hand against him , seeing he is the lords annoynted ; i will not put forth my hand against him , for he is the lords annoynted . and so of david to abishai , sam. , . . , and david said to abishai , destroy him not , for who can stretch forth his hand against the lords annoynted , and be guiltlesse ? the lord forbid , that i should stretch forth my hand against the lords annoynted ; the lord delivered thee into my hand to day , but i would not stretch forth my hand against the lords annointed ; how wast thou not afraid to stretch forth thine hand against the lords annoynted : thy blood shall be upon thy head , for thy mouth hath testified that thou hast slaine the lords annoynted : answered very learnedly and divinely , pag. . . . . . object , : sam. . . samuel tels the people how they should be oppressed under kings , yet all that violence and injustice that should be done unto them , is no just cause of resistance , for they have no remedy left them but crying unto the lord : answered pag. . objest . . this was doctor ferns , sect , . , none of the prophets in the old testament , reprehending the kings of israel and iudah , for their grosse idolatry , cruelty , oppression , did call upon the elders of the people for the duty of resistance , neither doe we find the people resisting , or taking up armes against any of their kings , no not against ahab or manasseh , upon any of these grounds , ergo , resistance is unlawfull : answered , page . . . . ob. . out of the new testament , rom. . , . let every soule be subject to the higher powers , for there is no power but of god , the powers that be are ordained of god : whosoever therfore resisteth the power , resisteth the ordinance of god ; and they that resist , shall receive to themselves damnation , &c. with doctor fernes enforcement of this text from the context answered very strongly , page . . . . . . . . . and that passage of tertullian much insisted upon , colimus ergo & imperatorem sic , quomodo & nobis licet , & ipsi expedit , ut hominem a deo secundum , & quicquid est a deo consecutum , solo deo minorem hoc & ipse volet , sic enim omnibus major est , dum solo vero deo minor est , sic & ipsis diis major est , dum & ipsi in potestate sum ejus , answered , page . , &c. again , from dr. ferne , that the efficient cause of royall & monarchicall power is only from god , not the people ; that kings receive no regall authority or power from the people , but from god alone ; that the power of kings is not a humane , but a divine power , of which god onely is the efficient cause ; that the people doe not make the king , but god properly and absolutly ; this power , right and authority he hath from god ; that the king hath no dominion and poer from his subjects by way of trust , but from god , from whom he hath his kingdome and power , so that by idolatry and oppression , he breaks not the trust reposed in him by his subjects , because the people have committed nothing to his charge , but god onely ; proof whereof see , prov. . . by me kings reigne . dan. . . god removeth kings , and setteth up kings . dan. . , . the most high ruleth in the kingdome of men , and giveth it to whomsoever he will , and setteth up over it the basest of men . hosea . . sam. . . jer. . , , . isai. . . and other texts answered with very great paine , good distinctions , and cleare satisfaction , pag. . to . object . . pet. . . . . . submit your selves to every ordinance of man for the lords sake , whether it be to the king as supreame , &c. answered , pag. . . . . thus for the answers of scriptures from the old testament and from the new . the next are objections from reason . object . . as first , kings are the fathers , heads , lords , shepherds of the common-wealth , therfore the sonnes , members , vassals , s●ooks , must not r●sist them , answered , pag. . . object . . the invasions and oppressions of evill kings and tyrants are afflictions and punishments inflicted on us by god , therefore we ought patiently to submit , and not forcibly to resist , answered , pag . obj●ct . . saints forcible resistance of tyrants begets civil wars , great disorders and many mischiefes in the state , ergo , it is unlawfull and inconvenient , answered , pag. . the last , and grand obj●ction is the testimony of fathers , as first , that speech of saint ambrose , lib. . orat . in auxentium , coactus rapugnare non audeo , dolere potero , potero flere , potero gemere , adversus arma , milites gothos lachrymae meae arma sunt , talia enim sunt munimenta sacerdotum , aliter nec , debeo , nec possum resistere , answered , pag. . . the second is that of nazianzen , oratio . in julianum , answered , pag. . . the third , that of bernard , epist. . to king lewis of france , answered , pag . . the fourth authority , was the example of prrimitive christians , who submitted themselves willingly to their persecuting governours , without resistance in word or deed , answered , pa. . . . after all which he concludes the said third part of the soveraign power of parlioments and kingdomes , &c. with personall , naturall , and publike authorities , proving the same , which mr. prinne had maintained in the said book from page . to the end thereof . if any man desires more satisfaction of this nature and subject , he may be very richly and plentifully furnished herewith from severall other books and labours of the said author , mr. william prin , who hath more engaged and endeered his countrey unto him , by detecting the king and his ill government , clearing the scruples , answering of questions , touching the lawfulnesse of opposing and resisting kings and rulers in their tyranny and cruelty , then any lawer , divine , gentleman , or other , in the whole kingdome besides , as his foure large and learned books , concerning the soveraigne power of parliaments and kingdomes , romes master-peece , the popish royall favou●ite , and other of his writings doe witnesse . . that the present king charles ( king of england , scotland , &c. ) when he was prince of wales , did maintain correspondency with the then pope of rome , by letters wherein , he stiled him the most holy father , chatholick majesty , thrice honoured lord and father , professing that he did not esteem it a greater honour to be discended from great princes , then to imitate them in their great piety , having exposed their estates & lives , for the exaltation of the holy cheir , esteeming the protestant religion , but a novelty & faction , engaging himself by promise to the pope , that he would imploy himself for the time to come to have but one religion , viz. the roman catholique , & that he would spare nothing that he had in the world , but that he was resolved to suffer all manner of discommodities , even to the hazarding of his estate and life , for a thing so pleasing unto god , as the advancement of the romish religion . . that the said king hath taken two solemn oaths upon both his treaties of marriage with spain and france , to protect and maintain to the utmost throughout his dominions , the romish catholique church and religion ; yea , to suspend and abrogate all lawes against them , and is thereby deeply engaged by vertue of these oaths , to protect favour and defend the same , and in conscience of these oaths and articles ( consented unto in the said matches ) he holds himself bound ( what ever his outward protestations and pretences be ) to side with the roman catholique subjects , both in england , ireland , and scotland , and arme them against his protestant subjects and parliaments in all the . kingdoms , of purpose to make good these his oaths and articles . . that the said present king charles , since his coming to the crown ( in prosecution of the aforesaid engagements to the pope & church of rome ) hath raised most bloody and unnaturall warre against the protestant cause and party in his dominions , in which he hath sustained many incommodities , hazarded both his estate , life , and realms for the reducing all his subjects to one religion , viz. the roman catholique , and upon this ground he hath issued out proclamations , declarations , remonstrances against the scots ; the former , and present parliament , proclaimed them traytors , rebells , no parliament , a faction , he brake up all former parliaments since his raign , by discontinuance , and endeavoured to dissolve this parliament , by the sword of papists and athiests , against the very act of parliament assented unto by himself , and the aforesaid engagements of the king to the pope , &c. are the reall ground of the late horrid irish conspiracy , massacre , rebellion , pacification , toleration , and the said kings connivance at , if not approbation of these horrid bloody execrable practices , as also the extraordinary favour lately indulged to these carsed barborous rebells by the king , and his most gracious entertainment of them , not only into his royall favour , but court , army , and realm of england , as his securest guard . . the said king did permit the papists , priests , and jesuits , during the scottish troubles ( a little before the begining of this parliament ) to call a parliament and generall councel of state among themselves , even in london ; wherein the popes own nuncio sate president , in which parliament the chief papists out of all parts of england and wales assembled , made severall lawes and ordinances for imposing taxes , and raising monies upon all roman catholiques for maintenance of the scottish warres , which were seconded with the queenes own letters and instructions to the catholiques , reciting what great liberties and favours her highnesse had procured for them from his majesty , exciting them to a liberall contribution towards those warres , and this popish parliament was permitted without interruption , when the protestants and kingdom might hold none at all , or , at least , are presently dissolved in discontents , and the popes own nuncio sit lord president to rule the rost , which parliament was thus openly tolerated to be held to make and maintain a warre against the religious protestant subjects , even with the kings own actuall consent . . that the said king ( dissembling with god and men , opposing papists in words , yet cherishing and protecting them ( all he may ) in deedes , exhibited many royall orders , ●xpresses , letters of grace , protection unto popish recusants , seminary priests , during all his raign , to stay all manner of proceedings and executions of the law against them , contrary to the judges and justices oaths , and since this , unhappy civill warre , the papists both in england and in ireland , have been armed against the parliament by the said kings cōmission , yea put into places of great command & trust , admitted free access to his camp , & court , where they have bin in favours , and preserved from all violence , injury , &c. notwithstanding his many printed declarations , proclamations , protestations , vowes against popery and papists , to blind and delude the over credulous vulgar ; and notwithstanding his brave , real , royal , defence of the protestant religion so often promised , the best and most zealous protestants , ministers , people , both in england and ireland , have bin every where most cruelly massacred , plundered , tortured , imprisoned , ruined by the blood-thirsty popish cavaliers , many of their houses and almost whole towns , fired , sackt by his speciall commission . . that the said king did admit can , the popes legate , and that under the very name , notion , and authority of the popes legate , into familiar accesse to , and conference with him , by all arts , policier , and arguments , to pervert and draw him with his . kingdoms , to a new subjection to the see of rome , as cardinall pool , the popes legate , extant in england before this in queen maries raign , reconciled her and the realm to rome , to their intolerable prejudice , an act so inconsistant to the lawes of this realm , with the kings ancient and late remonstrances , oaths , protestations to maintain the protestant religion ; as may ever amaze the world , which ever looks more at real actions , then verball protestations . . that the king ( after endimian porter , had gained the custody of the great seal of england ) did issue out divers proclamations under the great seal , proclaiming the parliament traytors and rebells , yea , did grant commissions to irish and english papists , contrary to his former proclamations , to raise popish forces both at home and in forraign parts for his defence , as his trustiest and most loyall subjects , and did send letters and commissions of favour to the irish rebells , and hinder all supply from hence to the protestant party there . . that the said king ( after the bloody irish rebells had destroyed the precious lives of above a hundred and forty thousand protestan●s in ireland , and were like to be overcome by the parliaments forces ( sent from hence and from scotland to relieve the prot●stant party ) condescended to articles of pacification with these rebells , contrary to an act of parliament , and both houses consents , wherein the said wicked rebells are declared his majesties good catholick subjects , and no rebells at all . . that the said king did send for many thousands of the said rebells into england to massacre the protestant english here , and fight against the parliament , as they did in ireland heretofore . whereas it flyes up and down in the mouths of the over-credulous vulgar that mr. wil. prinne ( since his admission into the honourable house of commons ) hath most petulently exclaimed against the armies late remonstrance ; wherein they desire justice may be done against the king ( as the grand delinquent of the kingdom , ) & furiously env●ighed against the same , as if he was newly become the kings advocate : these therefore are to stop the current of such reports , and to desire that men may deffen their eares thereunto , considering that not only their tender care of the priviledges of parl. ( requiring no notice to be taken of any mans speech within these walles ) but also their respects and love unto mr prinns ( that hath written so much of the peoples and kingdoms interest and power to call their kings and governours to accompt for their unjust wicked and tyrannicall government ) doth require the same , for if occasion be offered the present proceedings of the army in requiring justice to be done upon the king , and all other delinquents , as those that lately fomented . second war , invited the scots into this kingdome to that end &c. shall be clearly , fully , convincingly , asserted , argu●d , and maintained from the severall labours , pains , and writings of the said anthem , m● . william prinne . finis . notes, typically marginal, from the original text notes for div a e- vide the d. part of the soveraigue power of parliaments & kingdoms page . ibid. ibid. ibid. ibid. ibid. ibid. ibid. ibid. ibid. ibid. popish royall favorite page . popish royall favorite pag. . ibid. p. ibid. p. ibid. p. ibid. ibid. pag. . . epistle to the reader before the popish royall favourit . romes master-peece , p. . roomes master-peece . p. popish royall favourite . . ibid. a letter from a parliament man to his friend, concerning the proceedings of the house of commons this last sessions, begun the th of october, shaftesbury, anthony ashley cooper, earl of, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing s estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a letter from a parliament man to his friend, concerning the proceedings of the house of commons this last sessions, begun the th of october, shaftesbury, anthony ashley cooper, earl of, - . [ ], p. s.n.,] [london : . attributed to the earl of shaftesbury. cf. nuc pre- . signed: t.e. place of publication from wing. reproduction of original in huntington library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- parliament. -- house of commons. great britain -- politics and government -- - . - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - judith siefring sampled and proofread - judith siefring text and markup reviewed and edited - pfs batch review (qc) and xml conversion a letter from a parliament man to his friend , concerning the proceedings of the house of commons this last sessions , begun the th of october , . printed in the year , . a letter from a parliament man to his friend , concerning the proceedings of the house of commons this last session , &c. sir , i see you are greatly scandalized at our slow and confused proceedings . i confess you have cause enough , but were you but within these walls for one half day , and saw the strange make and complexion that this house is of , you would wonder as much that ever you wondred at it : for we are such a pied parliament , that none can say of what colour we are ; for we consist of old cavaliers , old round-haeads , indigent courtiers , and true country gentlemen ; the two latter are most numerous , and would in probability bring things to some issue , were they not clogged with the humerous uncertainties of the former . for the old cavalier grown aged , and almost past his vice , is damnable godly , and makes his doating piety more a plague to the world , than his youthful debauchery was : for he is so much a by got to the bishops , that he forces his loyalty to strike sail to his religion , and could be content to pare the nails a little of the civil government , so you would but let him sharpen the ecclesiastical tallons ; which behaviour of his so exasperates the round-head , that he on the other hand cares not what increases the interest of the crown receives , so he can but diminish that of the miter : so that the round-head had rather enslave the man , than the conscience ; the cavalier rather the conscience than the man , there being a sufficient stock of animosity as proper matter to work upon . upon these therefore the courtier mutually plays : for if any anticourt motion be made , he gains the round-head either to oppose or absent , by telling them , if they will joyn him now , he will joyn with them for liberty of conscience . and when any affair is started on the behalf of the countrey , he assures the cavaliers , if they will then stand by him , he will then joyn with them in promoting a bill against the fanatiques . thus play they on both hands , that no motion of a publick nature is made , but they win upon the one or other of them ; and by this art gain a majority against the country gentlemen , which otherwise they would never have : wherefore it were happy that we had neither round-head , nor cavalier in the house ; for they are each of them so prejudicate against the other , that their sitting here signifies nothing but their fostering their old venome , and lying at catch to snap every advantage to bear down each other , though it be in the destruction of their countrey . for if the round-heads bring in a good bill , the old cavalier opposes it ; for no other reason , but because they brought it in . so that as the poor english silk-weavers , are feign to hire a french-man to sell their ribbons : so are the round-heads a cavalier , to move for those bills they desire should pass ; which so sowers the round-head , that he revenges that carriage upon any bill the cavalier offers ; and the rage and passion of the one and other , are so powerful , that it blinds them both , that neither perceives the advantage they give the courtier , to abuse both them and their countrey too : so that if either of them do any good , it is only out of pure envy against the other . thus you see how we are yoaked , and seeing this , you may cease your admiration that we offer at all , and do just nothing . nor is this division alone of the house all we have to lament ( for death , that common cure , does now every day lessen this evil ) but that which is more our misery , is , that those gentlemen who are truly for the good of their country , will not be perswaded to stand upon the sure basis of rational principles ( like workmen too presumptive of their judgments that will not build by rule ) but rather affect the most loose standing on the sandy foundation of heat and humour : by reason of which they often do as much harm as good , and yet perceive it not ; this is the sore evil we are under . for i would not doubt the countries carrying it from the court in every vote , let the courtiers use all the art they could , would the country gentlemen but give themselves the trouble to enform their understandings a little , and not suffer themselves to be hurried by a heedless inadvertency into vulgar notions . which , if well examined , are directly contrary to their honest intentions ; for lack of which they totally mistake their interest , fall foul on their friends , support their enemies , and carry on the designs of the court , whilst they aim at the service of their countrey . for if they would take the pains but to think what is the greatest enemy in the world , that english law and liberty always had , still hath , and ever must have ; it may be the result of such a thought would say , it was encroaching prerogative . well , if then they would but beg from themselves but so much seriousness , as to think this second thought , to check this prerogative , which is so dangerous an enemy to our laws and liberties , peradventure that thought would answer , in suppressing all they could its creatures and dependants , and supporting such , whose interest it is to keep prerogative within its just bounds . now could they be prevail'd with but to think a third thought , it would land them at the full and satisfactory solution of the question , and will hold in every thing . but i will put it in a case wherein we are most apt to err , and wherein we reckon it no less than piety to play the fool , to the end you may see how miserably we are cheated and abused , by sucking in the untried notions that education , the arts of others , or our own ignorance have imposed upon us . the third thought therefore shall be this : which are most the creatures and supporters of boundless prerogative , prelates , or dissenting protestants ? the answer to which must , and can be no otherwise , the prelates . well then , if we would now reduce this to practice , and say , the greatest friends to prerogative are the prelates , the greatest enemies to our laws and liberties is prerogative . the only way therefore to restrain prerogative , is to do , what ? to fortifie and strengthen the yoke of the prelates over the neck of the people ? no : ( surely this were an odd and a barbarous kind of reasoning ) but to give liberty to dissenting protestants , as the best means to keep up the ballance against boundless prerogative . for these must and never can be otherwise ( unless by accident , and by mistake ) than friends to liberty : but the prelates neither are nor can be otherwise than creatures to prerogative , for all their promotions , dignities , and domination depends upon it . the same might be said concerning the only antient and true strength of the nation , the legal militia , and a standing army . the militia must , and can never be otherwise than for english liberty , 'cause else it doth destroy it self ; but a standing force can be for nothing but prerogative , by whom it hath its idle living and subsistance . i could instance also in many other particulars , but our inadvertency in this , is demonstration enough how much we are cheated by the common and hackney notions imposed upon us ; and this is almost the cause of all the error we commit . for missing our true footing , you see we have run in the mistaken notion of being for the church so long , till we have almost destroyed the state , and advanced prerogative so much by suppressing nonconformity , that it 's well nigh beyond our reach or power to put check to it ; and had not time , and but an indifferent observation , shewed us how much we were abused in this matter : and that a lay-conformist and a fanatique can live as quietly and neighbourly together ( would the prelates but suffer them ) as any in the world , we had ruined our selves past all recovery . for by our bouying up the bishops in their harsh and irreconcileable spirit , in stead of healing , we have so fed and nourished the discontents throughout the kingdom , that i think nothing keeps the fire from flaming out afresh in another intestine war but the bare circumstance of opportunity only ; and how long that will be able to restrain passions that are made wild by oppression , is worthy a very serious consideration ; and therefore there is hardly any thing more a wonder to wise men , than to see the clergie run at this rate upon the dissenters : wherefore since the nonconformists have given so large and ample a testimony of their willingness to live peaceably , if yet notwithstanding the clergie will not suffer them to be quiet in their families and their houses , i doubt , they may at one time or other , drive them into the field , and then it may exceed their divine art to conjure them down again ; for he sees but little , that sees not the english temper is better to be led than driven . and therefore i think it would not be more a vanity , to compel the ladies to wear queen elizabeths ruff , than to force the nonconformists to be drest in her religion . nor yet are these all the arts we are under : for we have a gang that huff , and bear themselves high on the countrey side , but earn only for the court ; these lay out their craft in putting the house upon little trifling things , and spend and waste the mettle thereof , upon such pittiful pickadilloes , as 't is next to a shame for an english parliament so much as to mention . these start a fierce dispute about some little matter , and keep a bluster as if none were such faithful patriots as they , when they do it on purpose only to while out the time , and thin the house , by tiring the honest country gentry in so tedious , fruitless , and trifling attendance . do but move things worthy a parliament ; as that we may have our old known rights of annual parliaments ascertained : that none that are or shall be bribed by any place or office , shall ever sit in this house : that parliament ought not to be prorogued , adjourned , or dissolved , till all petitions are heard , and the aggrievances of the people redressed ; with many things more of as great importance ; o then , forsooth , their pretended loyalty ( which in plain english is easily understood ) will not abide such unmannerly and clownish debates as these , and twenty such little shreds of non-sense are impertinently urged in stead of argument . but further , these country-court engines , after they have taken the measures of the house , at the opening of every session , by our thanks for the gracious speech , which being the true pulse of the house ; if it happen to come so hard as speaks us but saint and cool to the one thing necessary , ( the matter of money ) then they know what will follow , that the court will get no grist that sessions ; and though the court in indignation could turn them home on the morrow , yet it must consult its reputation a little , restrain its resentments , and suffer them to sit about a six weeks , or two months , and then they assure the court , since they can get no good by them , they shall take no harm ; and therefore to stop them from some worthy undertaking , they by their feigned zeal against court-corruptions , put them upon impeaching some treasurer , councellor , or minister of state ; and having spent half our time about this , the rest is spent for the clergie upon church-work , which we have been so often put upon and tired with these many sessions : though partiality unbecomes a parliament , who ought to lay the whole body that we represent a like easie , nonconformists , as well as conformists , for we were chosen by both , and with that intention that we should oppress neither . to lay one part therefore of the body on a pillow , and the other on a rack , sorts our wisdom little , but our justice-worse . you now see all our shapes , save only the indigents , concerning whom i need say but little , for their votes are publickly saleable for a guiny , and a dinner every day in the week , unless the house be upon money or a minister of state : for that is their harvest , and then they make their earnings suit the work they are about , which inclines them most constantly as sure clyants to the court. for what with gaining the one and saving the other , they now and then adventure a vote on the countrey side ; but the dread of dissolution makes them strait tack about . the only thing we are obliged to them for , is , that they do nothing gratis , but make every tax as well chargeable to the court , as burthensome to the countrey , and save no mans neck , but they break his purse . and yet when all is said , did but the country gentry rightly understand the interest of liberty , let the courtiers and indigents do what they could , they might yet at last deserve the name of a worthy english parliament ; which that we may do , is not more passionately your desire , than it also is of , sir , your most humble servant . t. e finis . scrinia ceciliana, mysteries of state & government in letters of the late famous lord burghley, and other grand ministers of state, in the reigns of queen elizabeth, and king james, being a further additional supplement of the cabala. scrinia ceciliana. approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; 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(eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) scrinia ceciliana, mysteries of state & government in letters of the late famous lord burghley, and other grand ministers of state, in the reigns of queen elizabeth, and king james, being a further additional supplement of the cabala. scrinia ceciliana. bacon, francis, - . burghley, william cecil, baron, - . sidney, philip, sir, - . throckmorton, nicholas, sir, - . [ ], (i.e. ), [ ] p. printed for g. bedel and t. collins ..., london : . reproduction of original in union theological seminary, new york. appears also as part iii of the cabala, sive, scrinia sacra. sir francis bacon's discourse touching helps for the intellectual powers, and a letter to the king [p. - ] are inserted between p. and . most of the letters are by sir francis bacon, others by william cecil, baron burghley, sir philip sidney and sir nicholas throckmorton. table of contents: p. [ ]-[ ] advertisement: p. [ ]-[ ] errata: p. 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ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng great britain -- politics and government -- - . great britain -- politics and government -- - . - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - tcp staff (michigan) sampled and proofread - john latta text and markup reviewed and edited - pfs batch review (qc) and xml conversion march . . let this collection of letters , and other discourses , be printed . henry bennet . scrinia ceciliana : mysteries of state & government : in letters of the late famous lord burghley , and other grand ministers of state : in the reigns of queen elizabeth , and king james . being a further additional supplement of the cabala . as also many remarkable passages faithfully revised , and no where else published . with two exact tables ; the one of the letters , the other of things most observable . london , printed for g. bedel and t. collins , and are to be sold at their shop , at the middle-temple-gate in fleetstreet . . the stationers to the reader . courteous reader , although it be a received position , that merit is worthier than fame , yet duly considered , they ought to be inseparable ; the one being the just guerdon of the other : upon that account we have presumed to make publick these ensuing memorials , or letters , being monuments of some late eminent patriots and hero's of this nation , who whilst they were actors in such grand affairs as suited with their high service under their sovereigns , were deservedly dignified here , and renowned abroad . the first of these worthies being sir william cecil , lord burghley , who was an unparallel'd minister of state ; and ( as we conceive ) of the longest continuance that any prince then , or ever since with such success enjoyed , a person alwayes peaceable and moderate , free from covetousness , or ambition , in the course of his service , rather willing to endure the burthen , than desiring the fruition of honour or profit ; profound in judgment , assisted with great experience ; and therefore worthily celebrated both here and abroad , as pater patriae , and an indefatigable votary to the crown . and for the matters and designs in the letters themselves , we shall be silent , hoping the fame of the person will be motive sufficient for you to purchase this jewel . concerning the times , they were wheeled about , with new , and great revolutions and divisions , not only at home , but also in france , scotland , the low countries , and generally in most of the other kingdoms , and states abroad ( forâs pugnae , intus timores ) conspiracies , invasions , and insurrections amongst our selves , war , devastations and massacres amongst our neighbours , for the most part shadowed with the vaile of religion , many princes of the blood , and persons of great authority being sacrificed on either part ; turbulent times , and of great mutations , proper to try the ability and fidelity of a state atlas , wherein with what wisdom he acquitted himself , is referred to you to determine . the next is sir nicholas throckmorton , ambassador in france for queen elizabeth , in the infancy of her reign ; we have nothing here of his remains , but only his letter to her majesty , touching a free passage for the queen of scots through england , wherein you will find variety of politick reasons pressed on each part with smart judgment . in the third place , is sir philip sidney , that choice darling of the muses , whom we suppose you will freely grant to have been tam marti , quam mercurio , in whom england , netherland , the heavens , and the arts , the souldiers , and the world did emulate a share ; here we have only a dissuasive letter to the queen , touching her marriage with mounsieur of france , fortified with many pressing and effectual reasons against that match ; and penned with a politick and ingenuous stile . and in the last place we present you with some pieces of the inimitable viscount st. alban , some in the reign of the late glorious queen , and others in the halcyon dayes of the late king james , never before ( to our best knowledge ) made publick ; deck't with many grateful flowers of philosophy , history , and policy , the fall of the earl of somerset , and the immediate advance of the duke of buckingham , with many other passages of moment ( and here you may observe the memorials of other worthy persons , although the title point only at sir william cecil ) for we conceive it not imaginable , that such experienced , and sure masters of knowledge , would employ their thoughts in any thing sleight , or superficial . however we dare not assume that boldness , as to write encomiasticks of such great personages , that right ( we suppose ) is much better performed by more quaint pens already ; lunae radiis non maturescit botrus : and their names and honour still live in fresh memory . here you may safely turn necromancer , and consult with the dead , or rather with the living , for such monuments as these survive marble . dignum laude virum musa vetat mori . these are not like augustus his two infamous daughters , or his unworthy nephew posthumus agrippa , impostumes , ( as he termed them ) that broke from him ; but pure and legitimate issue of the nobler part , which is with care exposed to publick view , for the better accomodation of those that have been pleased to purchase the two former volumes of the like nature and quality . temple-gate . june . . g. b. t. c. a table of the letters , contained in this collection . b. sir francis bacon to the lord treasurer burghley . pag. . sir francis bacon to the lord treasurer burghley . p. . sir francis bacon in recommendation of his service , to the earl of northumberland , a few dayes before queen elizabeths death . p. . sir francis bacon , to mr. robert kempe , upon the death of queen elizabeth . p. . sir francis bacon , to mr. david foules in scotland , upon the entrance of his majesties reign . ibid. sir francis bacon , to the king , upon presenting his discourse , touching the plantation of ireland . p. . sir francis bacon , to the lord chancellor , touching the history of britain . p. . sir francis bacon , to the king , upon the sending unto him a beginning of a history of his majesties time . p. . sir francis bacon , to the earl of salisbury , upon sending him one of his books of advancement of learning . ibid. sir francis bacon , to the lord treasurer buckhurst , upon the same occasion , of sending his book of advancement of learning . p. . a letter of the like argument , to the lord chancellor . ibid. sir francis bacon , of like argument , to the earl of northampton , with request to present the book to his majesty . p. . sir francis bacon , his letter of request to dr. plafer , to translate the book of advancement of learning into latine . ibid. sir francis bacon , to sir thomas bodley , upon sending him his book of the advancement of learning . p. . sir francis bacon , to the bishop of ely , upon sending his writing intituled , cogitata & visa . ibid. sir francis bacon , to sir thomas bodley , after he had imparted to him a writing intituled , cogitata & visa . p. . sir francis bacon , to mr. matthew , upon sending him part of instauratio magna . p. . sir francis bacon , to mr. matthew , touching instauratio magna . p. . a letter to mr. matthew , upon sending his book , de sapientia veterum . p. . sir francis bacon , to mr. savill . ibid. sir francis bacon , to the king , touching the sollicitors place . p. . sir francis bacon , to the king , his suit to succeed in the attorneys place . p. . sir francis bacon , to sir george cary in france , upon sending him his writing , in foelicem memoriam elizabethae . p. . a letter to sir george villiers , touching the difference between the courts of chancery , and kings bench. p. . sir francis bacon , to the king , concerning the praemunire in the kings bench against the chancery . p. . a letter to the king , touching matter of revenue and profit . p. . sir francis bacon , the kings attorney , to the king , touching the proceeding with somerset . p. . sir francis bacon , the kings attorney , to sir george villiers , concerning the proceeding with somerset . p. . sir francis bacon , the kings attorney , giving account of an examination taken of somerset at the tower. p. . sir francis bacon , the kings attorney , to sir george villiers , touching the proceeding with somerset . p. . sir francis bacon , the kings attorney , to sir george villiers , of account and advice to his majesty , touching somerset's arraignment . p. . sir francis bacon , the kings attorney , and some great lords commissioners , concerning the perswasion used to the lord of somerset to a frank consession . p. . sir francis bacon , to the king , upon some inclination of his majesty , signified to him for the chancellors place . p. . sir francis bacon , the kings attorney , returned with postils of the kings own hand . p. . the copy of a letter , conceived to be written to the late duke of buckingham , when he first became a favourite to king james , by sir francis bacon , afterwards lord verulam , and viscount st. alban : containing some advices to the duke , for his better direction in that eminent place of the favourite ; drawn from him at the intreaty of the duke himself , by much importunity . p. . sir francis bacon , to sir george villiers , of advice concerning ireland , from gorambury to windsor . p. . sir francis bacon , the kings attorney general , to the master of the horse , upon the sending of his bill for viscount , sc. p. . sir francis bacon , to sir george villiers , upon the sending his pattent for uiscount villiers to be signed . p. . sir francis bacon , to the king , about a certificate of my lord coke's . p. . a letter to the king , touching the lord chancellors place . ibid. a letter to the king , of my lord chancellors amendment , and the difference begun between the chancery and kings bench. p. . sir francis bacon , the kings attorney , to the king , giving some account touching the commendams . p. . sir francis bacon his advertisement , touching an holy war , to the right reverend father in god , lancelot andrews , lord bishop of winchester , and councellor of estate to his majesty . p. . sir francis bacon , to the king , about the pardon of the parliaments sentence . p. . sir francis bacon , to king james , of a digest to be made of the laws of england . p. . sir francis bacon , to the right honourabl● 〈◊〉 very good lord , the earl of devonshire , lord lieutenant of 〈◊〉 . p. . a discourse touching helps for the intellectual powers , by sir francis bacon . p. [ . ] sir francis bacon , to the king. p. [ . ] c. certain copies of letters written by sir william cecil knight , secretary of estate to queen elizabeth , to sir henry norris knight , ambassador for the said queen , resident in france ; beginning the th , of february , . and ending the th . of september , ● . p. . the lord coke , to king james , touching trial of duels out of england . p. . h. the history of the reign of king henry the eighth , king edward the sixth , queen mary , and part of the reign of queen elizabeth . p. . i. a copy of a letter from his majesty , to the lords , read at board , nov. . . touching the abatement of his majesties houshold charge . p. . a copy of his majesties second letter . p. . a letter from the king , to his lordship , by occasion of a book ; it was the organon . p. . to our trusty and well-beloved , thomas coventry , our attorney-general . ibid. s. a letter written by sir philip sidney , unto queen elizabeth , touching her marriage with mounsieur . p. . my lord sanquir 's case . p. . my lady shrewsburies case . p. . t. sir nicholas throckmorton , then ambassador in france , to queen elizabeth , touching a free passage for the queen of scots , through england into scotland . p. . books printed for , and sold by , g. bedell , and t. collins . folio's . compleat ambassador , letters and negotiations of the lord burleigh , and sir francis walsingham , in the reign of queen elizabeth , collected by sir dudly diggs . bishop andrews sermons . halls politicks . lord bacons history of king henry th . * d'avila's civil wars of france . * bishop ushers annals of the world. * titus livius roman history in english. * dr. hammond on the new testament . * — paraphrase on the psalms . * howe 's chronicle of england . * lord hobarts reports , with a large table , by sir h. finch . * bulstrodes reports in three parts . * crooks reports in three volumes . * lord cooks pleadings in english . * wingats maxims of the law. * styles reports . * leonards reports , second part. quarto's . mountagues essayes . sennault's christian man. potters number of the beast , . grand seignieurs seuaglio . ross against coparnicus , touching the earths motion . french letters , touching his majesties stedfastness in the protestant religion , in french and english. character of charles ii. articles , or treaty of peace , betwixt france and spain . discourse for a king and parliament . fumi fugium , a discourse of the air and smoak of london , by john evelin esq lord cooks reading , and denshalls reading on the statute of fines . the judges arguments on the liberty of the subject . three readings , on wills , jointures , and forcible entry . mr. durhams assize sermon . dr. thomas , his assize sermon . playes . * d'avenant's wits . * — platonick lovers . * faithful shepherdess , by fletcher . marriage of the arts , by barten hollyday . the bastard . a tragedy . the martyr . a tragedy . the just general . horratius in english. a tragedy . michaelmas term. combate of love and friendship . octavo's . gosses tragedies . lucretius in latine and english . faushawes la fida pastora . duke of rohans memoires , and discourses , english. hyppolito & isabella . three romances . the nuptial lover . triumphant lady . waterhouse his apology for learning . — idem , his divine tracts . — idem , his discourse of arms and armory . botelers sermons , compleat on several subjects . instructions for a library , by naudeus , english. reliquiae carolinae . dr. taylors offices , or liturgy . sheppard of courts . — of corporations . lambords archeion . white of the laws . parsons law , the last edition . claytons reports . fleetwoods justice . stones reading on the statute of bankrupts . wingats body of the law. noyes maxims . d'avenport's abridgment , of cook on littleton . abridgement of acts. twelves . compleat justice . davis's abridgement of cooks reports . tylenus second part against baxter . jacksons evangelical temper . of liberty and servitude . haywards edward th . st. chrysostom of education . guuton of external worship . supplementum lucani , per may. thuan's politick maxims . mayerns experiments . dr. stuarts sermons . ladies cabinet . gees steps , in four and twenties . sir francis bacon's letters , &c. sir francis bacon to the lord treasurer burghley . my lord , with as much confidence as mine own honest and faithful devotion unto your service , and your honorable correspondence unto me and my poor estate , can breed in a man , do i commend my self unto your lordship . i wax now somewhat ancient ; one and thirty years is a great deal of sand in the hour-glass : my health , i thank god , i find confirmed , and i do not fear that action shall impair it , because i account my ordinary course of study and meditation to be more painful then most parts of action are . i ever bear a mind ( in some middle place , that i could discharge ) to serve her majesty ; not as a man born under sol , that loveth honour ; nor under jupiter , that loveth business ( for the contemplative planet carrieth me away wholly ; ) but as a man born under an excellent sovereign , that deserveth the dedication of all mens abilities . besides , i do not find in my self so much self-love , but that the greater parts of my thoughts are to deserve well ( if i were able ) of my friends , and , namely , of your lordship , who being the atlas of this common-wealth , the honour of my house , and the second founder of my poor estate , i am tied by all duties , both of a good patriot , and of an unworthy kinsman , and of an obliged servant , to imploy whatsoever i am , to do you service . again , the meanness of my estate doth somewhat move me : for , though i cannot accuse my self , that i am either prodigal , or sloathful , yet my health is not to spend , nor my course to get . lastly , i confess , that i have as vast contemplative ends , as i have moderate civil ends ; for i have taken all knowledge to be my providence ; and if i could purge it of two sorts of rovers , whereof the one with frivolous disputations ; confutations , and verbosities ; the other with blind experiments , and auricular traditions and impostures , hath committed so many spoils ; i hope i should bring in industrious observations , grounded conclusions , and profitable inventions and discoveries , the best state of that providence . this , whether it be curiosity , or vain-glory , or nature , or ( if one take it favourably ) philanthropia , is so fixed in my mind , as it cannot be removed : and i do easily see , that place of any reasonable countenance doth bring commandment of more wits then of a mans own , which is the thing i greatly affect ; and for your lordship , perhaps you shall not find more strength , and less encounter , in any other . and if your lordship shall find now , or at any time , that i do seek or affect any place , whereunto any that is nearer unto your lordship shall be concurrent , say then , that i am a most dishonest man. and if your lordship will not carry me on , i will not do as anaxagoras did , who reduced himself , with contemplation , unto voluntary poverty : but this i will do , i will sell the inheritance that i have , and purchase some lease of quick revenue , or some office of gain that shall be executed by deputy , and so give over all care of service , and become some sorry book-maker , or , a true pioneer in that mine of truth , which ( he said ) lay so deep . this which i have writ unto your lordship , is rather thoughts then words , being set down without all art , disguising , or reservation . wherein i have done honour , both to your lordships wisdom , in judging that that will be best believed of your lordship , which is truest ; and to your lordships good nature , in retaining nothing from you . and even so i wish your lordship all happiness , and to my self , means and occasion to be added to my faithful desire to do you service . from my lodging at grays-inn . sir francis bacon to the lord treasurer burghley . my singular good lord , your lordships comfortable relation of her majesties gracious opinion and meaning towards me , though , at that time , your leisure gave me not leave , to shew how i was affected therewith : yet upon every representation thereof , it entreth , and striketh more deeply into me , as both my nature and duty presseth me , to return some speech of thankfulness . it must be an exceeding comfort and encouragement to me , setting forth , and putting my self in way towards her majesties service , to encounter with an example , so private and domestical , of her majesties gracious goodness and benignity , being made good and verified in my father , so far forth , as it extendeth to his posterity . accepting them as commended by his service , during the non-age ( as i may term it ) of their own deserts , i , for my part , am very well content , that i take least part , either of his abilities of mind , or of his worldly advancement ; both which he held , and received , the one of the gift of god immediately , the other of her majesties gift : yet in the loyal and earnest affection which he bear to her majesties service , i trust , my portion shall not be with the least , nor in proportion with the youngest birth . for , methinks , his president should be a silent charge , upon his blessing , unto us all , in our degrees , to follow him afar off , and to dedicate unto her majesties service , both the use and spending of our lives . true it is , that i must needs acknowledge my self prepared and furnished thereunto with nothing but with a multitude of lacks and imperfections ; but calling to mind , how diversly , and in what particular providence , god hath declar'd himself to tender the state of her majesties affairs , i conceive and gather hope , that those whom he hath , in a manner , prest for her majesties service , by working and imprinting in them a single and zealous mind to bestow their duties therein , he will see them accordingly appointed of sufficiency convenient for the rank and standing where they shall be imployed ; so as under this her majesties blessing , i trust , to receive a larger allowance of gods graces . and as i may hope for this , so i can assure and promise for my endeavour , that it shall not be in fault ; but what diligence can intitle me unto , that , i doubt not , to recover . and now , seeing it hath pleased her majesty to take knowledge of this my mind , and to vouchsafe to appropriate me unto her service , preventing any desert of mine with her princely liberality ; first , i humbly do beseech your lordship , to present to her majesty my more than humble thanks for the same : and withal , having regard to mine own unworthiness to receive such favour , and to the small possibility in me to satisfie and answer what her majesty conceiveth ; i am moved to become a most humble suitor to her majesty , that this benefit also may be affixed unto the other , which is , that if there appear in me no such towardness of service , as it may be , her majesty doth benignly value and assess me at , by reason of my sundry wants , and the disadvantage of my nature , being unapt to lay forth the simple store of those inferiour gifts which god hath allotted unto me , most to view ; yet that it would please her excellent majesty , not to accompt my thankfulness the less , for that my disability is great to shew it ; but to sustain me in her majesties grecious opinion , whereupon i onely rest , and not upon any expectation of desert , to proceed from my self , towards the contentment thereof . but if it shall please god to send forth an occasion whereby my faithful affection may be tried , i trust , it shall save me melibour for ever making more protestation of it hereafter . in the mean time , howsoever it be not made known to her majesty , yet god knoweth it , through the daily sollicitations wherewith i address my self unto him in unfeigned prayer for the multiplying of her majesties prosperities : to your lordship also , whose recommendation , i know right well , hath been material to advance her majesties good opinion of me , i can be but a bounden servant . so much may i safely promise , and purpose to be , seeing publick and private bonds vary not , but that my service to her majesty and your lordship draw in a line ; i wish therefore to , shew it with as good proof , as i can say it in good faith , &c. your lordships , &c. sir francis bacon in recommendation of his service , to the earl of northumberland , a few days before queen elizabeths death . it may please your good lordship , as the time of sowing of seed is known , but the time of coming up and disclosing is casual , or according to the season ; so i am a witness to my self , that there hath been covered in my mind a long time a seed of affection and zeal towards your lordship , sown by the estimation of your vertues , and your particular honours and favours to my brother deceased , and to my self ; which seed still springing , now bursteth forth into this profession . and to be plain with your lordship , it is very true , and no winds or noyses of civil matters can blow this out of my head or heart , that your great capacity and love towards studies and contemplations , of an higher and worthier nature then popular , a nature rare in the world , and in a person of your lordships quality almost singular , is to me a great and chief motive to draw my affection and admiration towards you : and therefore , good my lord , if i may be of any use to your lordship by my head , tongue , pen , means , or friends , i humbly pray you to hold me your own : and herewithal , not to do so much disadvantage to my good mind , nor partly , to your own worth , as to conceive , that this commendation of my humble service proceedeth out of any streights of my occasions , but meerly out of an election , and indeed , the fulness of my heart . and so wishing your lordship all prosperity , i continue . sir francis bacon to mr. robert kempe , upon the death of queen elizabeth . mr. kempe . this alteration is so great , as you might justly conceive some coldness of my affection towards you , if you should hear nothing from me , i living in this place . it is in vain to tell you , with what a wonderful still and calme this wheel is turned round , which whether it be a remnant of her felicity that is gone , or a fruit of his reputation that is coming , i will not determine ; for i cannot but divide my self , between her memory and his name . yet we account it but as a fair morn before sun rising , before his majesties presence ; though , for my part , i see not whence any weather should arise . the papists are conteined with fear enough , and hope too much . the french is thought to turn his practice upon procuring some disturbance in scotland , where crowns may do wonders . but this day is so welcome to the nation , and the time so short , as i do not fear the effect . my lord of southampton expecteth release by the next dispatch , and is already much visited , and much well wished . there is continual posting , by men of good quality , towards the king , the rather , i think , because this spring time it is but a kinde of sport . it is hoped , that as the state here hath performed the part of good attorneys , to deliver the king quiet possession of his kingdom ; so the king will re-deliver them quiet possession of their places , rather filling places void , than removing men placed , so , &c. sir francis bacon to mr. david foules in scotland , upon the entrance of his majesties reign . sir , the occasion awaketh in me the remembrance of the constant and mutual good offices which passed between my good brother and your self ; whereunto , as you know , i was not altogether a stranger , though the time and design ( as between brethren ) made me more reserved . but well do i bear in mind the great opinion which my brother ( whose judgment i much reverence ) would often express to me of the extraordinary sufficiency , dexterity and temper , which he had found in you , in the business and service of the king our sovereign lord. this latter bred in me an election , as the former gave an inducement , for me to address my self to you , and to make this signification of my desire , towards a mutual entertainment of good affection , and correspondence between us ; hoping that some good effect may result of it , towards the kings service ; and that , for our particulars , though occasion give you the precedence , of furthering my being known by good note unto the king ; so no long time will intercede , before i , on my part , shall have some means given to requite your favours , and to verifie your commendation . and so with my loving commendations ( good mr. foules ) i leave you to gods goodness . from graies inne ; this th of march. sir francis bacon to the king , upon presenting his discoursetouching the plantation of ireland . it may please your excellent majesty , i know no better way how to express my good wishes of a new-year to your majesty , then by this little book , which in all humbleness i send you . the stile is a stile of business , rather then curious or elaborate ; and herein i was encouraged by my experience of your majesties former grace , in accepting of the like poor field-fruits , touching the union . and certainly i reckon this action as a second brother to the union . for i assure my self , that england , scotland and ireland , well united , is such a trifoil , as no prince except your self ( who are the worthiest ) weareth in his crown , si potentia reducatur in actum . i know well , that for me to beat my brains about these things , they be majora quam pro fortuna , but yet they be minora quam pro studio & voluntate . for as i do yet bear an extream zeal to the memory of my old mistriss queen elizabeth , to whom i was rather bound for her trust , than for her favour ; so i must acknowledge my self more bound to your majesty , both for trust and favour : whereof i will never deceive the one , as i can never deserve the other . and so in all humbleness kissing your majesties sacred hands , i remain ; sir francis bacon , to the lord chancellor , touching the history of britain . it may please your good lordship , some late act of his majesty , referred to some former speech which i have heard from your lordship , bred in me a great desire , and by strength of desire a boldness , to make an humble proposition to your lordship , such as , in me , can be no better than a wish ; but if your lordship should apprehend it , it may take some good and worthy effect . the act i speak of , is the order given by his majesty for the erection of a tomb or monument for our late sovereign queen elizabeth : wherein i may note much , but this at this time , that as her majesty did alwayes right to his majesties hopes , so his highness doth , in all things , right to her memory ; a very just and princely retribution . but from this occasion , by a very easie ascent , i passed further , being put in mind , by this representative of her person , of the more true and more perfect representative , which is , of her life and government . for , as statues and pictures are dumb histories , so histories are speaking pictures ; wherein ( if my affection be not too great , or my reading too small ) i am of this opinion , that if plutarch were alive to write lives by parallels , it would trouble him , for vertue and fortune both , to find for her a parallel amongst women . and though she was of the passive sex , yet her government was so active , as , in my simple opinion , it made more impression upon the several states of europe , than it received from thence . but , i confess unto your lordship , i could not stay here , but went a little further into the consideration of the times which have passed since king henry the eighth ; wherein i find the strangest variety , that , in so little number of successions of any hereditary monarchy , hath ever been known ; the reign of a child ; the offer of an usurpation , though it were but as a diary ague ; the reign of a lady married to a forreigner , and the reign of a lady solitary and unmarried : so that , as it cometh to pass , in massive bodies , that they have certain trepidations and waverings , before they fix and settle ; so it seemeth , that , by the providence of god , this monarchy ( before it was to settle in his majesty and his generations , in which i hope it is now established for ever ) hath had these preclusive changes in these barren princes . neither could i contain my self here ( as it is easier for a man to multiply , than to stay a wish ) but calling to remembrance the unworthiness of the history of england , in the main continuance thereof , and the partiality and obliquity of that of scotland , in the latest and largest author that i have seen ; i conceived , it would be honour for his majesty , and a work very memorable , if this island of great britain , as it is now joined in monarchy for the ages to come , so it were joined in history for the times past ; and that one just and compleat history were compiled of both nations . and if any man think , it may refresh the memory of former discord , he may satisfie himself with the verse , olim haec meminisse juvabit . for , the case being now altered , it is matter of comfort and gratulation , to remember former troubles . thus much , if it may please your lordship , was in the optative mood , and it was time that i should look a little into the potential ; wherein the hope that i received was grounded upon three observations : the first , of these times , which flourish in learning , both of art , and language ; which giveth hope , not only that it may be done , but that it may be well done . secondly , i do see , that which all the world sees , in his majesty , a wonderful judgment in learning , and a singular affection towards learning , and works which are of the mind , and not of the hand . for , there cannot be the like honour sought in building of galleries , and planting of elms along high-wayes , and the outward ornaments wherein france now is busie ( things rather of magnificence , than of magnanimity ) as there is in the uniting of states , pacifying of controversies , nourishing and augmenting of learning and arts , and the particular action appertaining unto these ; of which kind cicero judged truly , when he said to caesar , quantum operibus tuis detrahet vetustas , tantum addet laudibus . and lastly , i called to mind , that your lordship , at some times , hath been pleased to express unto me a great desire , that something of this matter should be done , answerable , indeed , to your other noble and worthy courses and actions ; joining , and adding unto the great services towards his majesty ( which have , in small compass of time , been performed by your lordship ) other great deservings , both of the church , and commonwealth , and particulars : so as the opinion of so great and wise a man doth seem to me a good warrant , both of the possibility , and worth of the matter . but all this while , i assure my self , i cannot be mistaken by your lordship , as if i sought an office or employment for my self ; for no man knows better than your lordship , that if there were in me any faculty thereunto , yet neither my course of life , nor profession would permit it . but because there be so many good painters , both for hand and colours , it needeth but encouragement and instructions to give life unto it . so , in all humbleness , i conclude my presenting unto your lordship this wish , which if it perish , it is but a loss of that which is not . and so craving pardon , that i have taken so much time from your lordship , i remain , &c. sir francis bacon , to the king , upon the sending unto him a beginning of a history of his majesties time . it may please your majesty , hearing that you are at leisure to peruse story , a desire took me to make an experiment what i could do in your majesties times , which , being but a leaf or two , i pray your pardon , if i send it for your recreatiou , considering , that love must creep , where it cannot go . but to this i add these petitions : first , that if your majesty do dislike any thing , you would conceive i can amend it upon your least beck . next , that if i have not spoken of your majesty encomiastically , your majesty will be pleased only to ascribe it to the law of an history , which doth not clutter together praises , upon the first mention of a name , but rather disperseth them , and weaveth them throughout the whole narration : and as for the proper place of commemoration ( which is in the period of life ) i pray god i may fiever live to write it . thirdly , that the reason why i presumed to think of this oblation , was , because whatsoever my disability be , yet i shall have that advantage which almost no writer of history hath had , in that i shall write the times , not only since i could remember , but since i could observe . and lastly , that it is only for your majesties reading . sir francis bacon , to the earl of salisbury , upon sending him one of his books of advancement of learning . it may please your good lordship , i present your lordship with a work of my vacant time , which if it had been more ; the work had been better . it appertaineth to your lordship ( besides my particular respects ) in some propriety , in regard you are a great governor in a province of learning ; and ( that which is more ) you have added to your place affection towards learning , and to your affection judgement , of which , the last i could be content were ( for the time ) less , that you might the less exquisitely censure that which i offer to you . but sure i am , the argument is good , if it had lighted upon a good author ; but i shall content my self to awake better spirits ; like a bell-ringer which is first up , to call others to church . so , with my humble desire of your lordships good acceptation , i remain , sir francis bacon , to the lord treasurer buckhurst , upon the same occasion , of sending his book of advancement of learning . may it please your good lordship , i have finished a work touching the advancement or setting forward of learning , which i have dedicated to his majesty , the most learned of a sovereign , or temporal prince , that time hath known . and upon reason not unlike , i humbly present one of the books to your lordship , not onely as a chancellor of an university , but as one that was excellently bred in all learning ; which i have ever noted to shine in all your speeches and behaviours . and therefore your lordship will yield a gracious aspect to your first love , and take pleasure in the adorning of that wherewith your self are so much adorned . and so humbly desiring your favourable acceptation thereof , with signification of my humble duty , i remain , a letter of the like argument , to the lord chancellor . may it please your good lordship , i humbly present your lordship with a work , wherein as you have much commandment over the author , so your lordship hath also great interest in the argument . for to speak without flattery , few have like use of learning , or like judgement in learning , as i have observed in your lordship . and again , your lordship hath been a great planter of learning , not only in those places in the church which have been in your own gift , but also in your commendatory vote , no man hath more constantly held , detur digniori ; and therefore both your lordship is beholden to learning , and learning beholden to you . which maketh me presume , with good assurance , that your lordship will accept well of these my labours , the rather because your lordship in private speech hath often begun to me , in expressing your admiration of his majesties learning , to whom i have dedicated this work ; and whose vertue and perfection in that kind did chiefly move me to a work of this nature . and so , with signification of my most humble duty and affection towards your lordship , i remain , &c. sir francis bacon , of like argument , to the earl of northampton , with request to present the book to his majesty . it may please your good lordship , having finished a work touching the advancement of learning , and dedicated the same to his sacred majesty , whom i dare avouch ( if the records of time erre not ) to be the learnedst king that hath reigned ; i was desirous , in a kind of congruity , to present it by the learnedst councellor in this kingdom , to the end , that so good an argument , lighting upon so bad an author , might receive some reparetion , by the hands into which , and by which , it should be delivered and therefore i make it my humble suit to your lordship to present this mean , but well meant writing to his majesty , and with it my humble and zealous duty ; and also my like humble request of pardon , if i have too often taken his name in vain , not onely in the dedication , but in the voucher of the authority of his speeches , and writings . and so i remain , &c. sir francis bacon , his letter of request to doctor plafer , to translate the book of advancement of learning into latine . mr. doctor plafer , a great desire will take a small occasion to hope , and put in tryal that which is desired . it pleased you a good while since , to express unto me , the good liking which you conceive of my book , of the advancement of learning , and that , more significantly ( as it seemed to me ) then out of curtesie , or civil respect . my self , as i then took contentment in your approbation thereof , so i should esteem and acknowledge , not onely my contentment increased , but my labours advanced ; if i might obtain your help in that nature which i desire . wherein before i set down in plain terms my request unto you , i will open my self , what it was which i chiefly sought , and propounded to myself , in that work , that you may perceive that which i now desire to be pursuant thereupon . if i do not erre , ( for any judgment that a man maketh of his own doings had need be spoken with a si nunquam fallit imago , ) i have this opinion , that if i had sought my own commendation , it had been a much fitter course for me , to have done as gardners use to do , by taking their seeds and slips , and re ring them first into plants , and so uttering them in pots , when they are in flower , and in their best state . but for as much as my end was , merit of the state of learning , to my power , and not glorie ; and because , my purpose was rather to excite other mens wits , then to magnifie my own , i was desirous to prevent the incertainess of my own life and times , by uttering rather seeds then plants ; nay and further , as the proverb is , by sowing with the basket , then with the hand . wherefore , since i have onely taken upon me to ring a bell ; to call other wits together ; ( which is the meanest office ) it cannot but be consonant to my desire , to have that bell heard , as sarre as can be . and since that they are but sparks , which can work but upon matter prepared ; i have the more reason to wish , that those sparks may flye abroad ; that they may the better find , and light upon those minds , and spirits , which are apt to be kindled . and therefore the privateness of the language considered , wherein it is written , excluding so many readers , ( as on the other side , the obscurity of the argument , in many parts of it , excludeth many others ) i must account it a second birth of that work , if it might be translated into latine , without manifest loss of the sence and matter . for this purpose , i could not represent to my self any man , into whose hands i do more earnestly desire that work should fall , then your self ; for by that i have heard and read , i know no man a greater master in commanding words to serve matter . nevertheless , i am not ignorant of the worth of your labours , whether such as your place and profession imposeth on you , or such as your own vertue may , upon your voluntary election , take in hand . but i can lay before you no other perswasions , then either the work it self may affect you with , or the honour of his majesty , to whom it is dedicated , or your particular inclination to my self ; who , as i never took so much comfort in any labours of my own , so i shall never acknowledge my self more obliged in any thing to the labour of another , then in that which shall assist this . which your labour if i can , by my place , profession , means , friends , travel , word , deed , requite unto you ; i shall esteem my self so straitly bound thereunto , as i shall be ever most ready , both to take and seek occasions of thankfulness . and so leaving it , nevertheless , salva amicitia ( as reason is ) to your own good liking , i remain , &c. sir francis bacon , to sir thomas bodley , upon sending him his book of the advancement of learning . sir , i think no man may more truly say with the psalmist , multum incola fuit anima mea . for i do confess , since i was of any understanding , my mind hath , in effect , been absent from that i have done ; and in absence , errors are committed , which i do willingly acknowledge , and amongst the rest , this great one that led the rest ; that knowing my self by inward calling to be fitter to hold a book , than to play a part , i have led my life in civil causes ; for which i was not very fit by nature , and more unfit by the pre-occupation of my mind . therefore , calling my self home , i have now for a time enjoyed my self ; where likewise i desire to make the world partaker . my labours ( if so i may term that which was the comfort of my other labours ) i have dedicated to the king ; desirous , if there be any good in them , it may be as fat of a sacrifice , incensed to his honour ; and the second copy have i sent unto you , not only in good affection , but in a kind of congruity , in regard of your great and rare desert of learning : for books are the shrines where the saint is , or is believed to be . and you having built an ark , to save learning from deluge , deserve , in propriety , any new instrument or engine , whereby learning should be improved or advanced . so , &c. sir francis bacon , to the bishop of ely , upon sending his writing intituled , cogitata & visa . my very good lord , now your lordship hath been so long in the church and the palace , disputing between kings and popes , me-thinks you should take pleasure to look into the field and refresh your mind with some matter of philosophy ; though that science be now , through age , waxed a child again , and left to boys and young men . and because you are wont to make me believe you took liking to my writings , i send you some of this vacation fruits , and thus much more of my mind and purpose . i hasten not to publish , perishing i would prevent . and i am sorced to respect as well my times , as the matter ; for with me it is thus , and i think with all men , in my case : if i bind my self to an argument , it loadeth my mind ; but if i rid my mind of the present cogitation , it is rather a recreation : this hath put me into these miscellanies , which i purpose to suppress , if god give me leave to write a just and perfect volume of philosophy , which i go on with , though slowly . i send not your lordship too much , lest it may glut you . now , let me tell you what my desire is , if your lordship be so good now , as when you were the good dean of westminster , my request to you is , that not by pricks , but by notes , you would mark unto me whatsoever shall seem unto you , either not currant in the stile , or harsh to credit and opinion , or inconvenient for the person of the writer . for no man can be judge and party ; and when our minds judge by reflexion on our selves , they are more subject to error . and though , for the matter it self , my judgment be in some things fixed , and not accessible by any mans judgment that goeth not my way , yet even in those things the admonition of a friend may make me express my self diversly . i would have come to your lordship , but that i am hastning to my house in the country . and so i commend your lordship to gods goodness . sir francis bacon , to sir. thomas bodley , after he had imparted to him a writing intituled , cogitata & visa . sir , in respect of my going down to my house , in the countrey , i shall have miss of my papers , which i pray you therefore return unto me . you are , i bear you witness , sloathful , and you help me nothing ; so as i am half in conceit , that you affect not the argument ; i or my self , i know well you love and affect . i can say no more to you , but , non canimus surdis , respondent omnia silvae . if you be not of the lodgings chaulked up ( whereof i speak in my preface ) i am but to pass by your door . but if i had you but a fortnight at gorambury , i would make you tell me another tale , or else i would add a cogitation against libraries , and be revenged on you that way , i pray you send me some good news of sir thomas smith , and commend me very kindly to him . so i rest . sir francis bacon , to mr. matthew , upon sending him part of instauratio magna . mr. matthew , i plainly perceive by your affectionate writing : touching my work , that one and the same thing affecteth us both , which is the good end to which it is dedicated : for as to any ability of mine , it cannot merit that degree of approbation : for your caution for church-men , and church-matters , ( as for any impediment it might be to the applause and celebrity of my work ) it moveth me not ; but as it may hinder the fruit and good which may come of a quiet and calme passage to the good port to which it is bound , i hold it a just respect , so as to fetch a fair wind , i go not too far about : but troth is , i shall have no occasion to meet them in my way , except it be , as they will needs confederate themselves with aristotle ; who , you know is intemperately magnified with the scholemen , and is also allyed ( as i take it ) to the jesuits by faber , who was a companion of loyola , and a great aristotelian . i send you at this time , the only part which hath any harshness , and yet i framed to my self an opinion , that whosoever allowed well of that preface , which you so much commend , will not dislike , or at least ought not dislike , this other speech of preparation ; for it is written out of the same spirit , and out of the same necessitie . nay , it doth more fully lay open , that the question between me and the ancients is not of the vertue of the race , but of the rightness of the way . and to speak truth , it is to the other but as palma to pugnus , part of the same thing more large . you conceive aright , that in this , and the other , you have commission to impart , and communicate them to others , according to your discretion : other matters i write not of : my self am like the miller of huntington , that was wont to pray for peace amongst the willowes ; for while the winds blew , the wind-mills wrought , and the water-mill was less customed . so i see that controversies of religion much hinder the advancement of sciences . let me conclude with my perpetual wish towards your self , that the approbation of your self by your own discreet and temperate carriage may restore you to your country , and your friends to your society . and so i commend you to gods goodness . graies inne , this th of october , . sir francis bacon , to mr. matthew , touching instauratio magna . mr. matthew , i heartily thank you for your letter of the th of feb. and am glad to receive from you matter both of encouragement and advertisment , touching my writings . for my part , i do wish that since there is almost no lumen siccum in the world , but all , madidum , maceratum , infused in affections , and bloods , or humours , that these things of mine had those separations that might make them more acceptable ; so that they claim not so much acquaintance of the present times , as they be thereby the less like to last . and to shew you that i have some purpose to new mould them , i send you a leaf or two of the preface , carrying some figure of the whole work . wherein i purpose to take that which is real and effectual of both writings ; and chiefly , to add pledge , if not payment , to my promise . i send you also a memorial of queen elizabeth , to requite your elogie of the late d. of florences felicitie . of this , when you were here , i shewed you some model , though at that time , me-thought you were as willing to hear julius caesar , as q. elizabeth commended . but this which i send is more full , and hath more of the narrative ; and further , hath one part that i think will not be disagreeable , either to you , or that place , being the true tracts of her proceeding towards the catholicks , which are infinetly mistaken . and though i do not imagine they will pass allowance there , yet they will gain upon excuse . i find mr. lezure to use you well ( i mean his tongue , of you ) which shews you either honest or wise . but this i speak meerly ; for in good faith , i conceive hope , that you will so govern your self , as we may take you as assuredly for a good subject , and patriot , as you take your self for a good christian ; and so we may again enjoy your company , and you your conscience , if it may no otherwise be . for my part , assure your self , ( that as we say in the law ) mutatis mutandis , my love and good wishes to you are not diminished . and so i remain . a letter to mr. matthew , upon sending his book de sapientia veterum . mr. matthew , i do very heartily thank you for your letter of the th of aug. from salamanca ; and in recompence thereof , i send you a little work of mine , that hath begun to pass the world . they tell me my lattin is turn'd into silver , and becom currant . had you been here , you had been my inquisitor , before it came forth . but i think the greatest inquisitor in spain will allow it . but one thing you must pardon me , if i make no hast to beleive , that the world should be grown to such an extasie , as to reject truth in philosophy , because the author dissenteth in religion ; no more then they do by aristcle , or averrois . my great work goeth forward , and after my manner , i alter ever when i add . so that nothing is finished till all be finished . th s i have written in the midst of a term and parliament , thinking no time so precious , but that i should talk of these matters with so good and dear a friend . and so , with my wonted wishes , i leave you to gods goodness . from grayes-inne , febr. . . sir francis bacon , to m. savill . mr. savill , coming back from your invitation at eaton , where i had refreshed my self with company which i loved , i sell into a consideration of that part of policie whereof philosophy speaketh too much , and laws too little ; and that is , of education of youth ; whereupon fixing my mind a while , i found straitwayes , and noted , even in the discourses of philosophers , ( which are so large in this argument , ) a strange silence concerning one principal part of that subject . for as touching the framing and seasoning of youth to moral vertues , tolerance of labour , continency from pleasures , obedience , honour , and the like , they handle it : but touching the improvement and helping of the intellectual powers , as of conceit , memory , and judgement , they say nothing ; whether it were that they thought it to be a matter wherein nature only prevailed ; or that they intended it , as referred to the several and proper arts which teach the use of reason , and speech . but for the former of these two reasons , howsoever it pleaseth them to distinguish of habits , and powers , the experience is manifest enough , that the motions and faculties of the will and memory may be not only governed and guided , but also confirmed and enlarged , by custome and exercise duly applyed ; as , if a man exercise shooting , he shall not only shoot nearer the mark , but also draw a stronger bow . and as for the latter , of comprehending these precepts within the arts of logick and rhetorick , if it be rightly considered , their office is distinct altogether from this point ; for it is no part of the doctrine of the use , or handling of an instrument , to teach how to whet or grinde the instrument , to give it a sharper edge , or how to quench it , or otherwise , whereby to give it a stronger temper . wherefore finding this part of knowledge not broken , i have but tanquam aliud agens , entred into it , and salute you with it , dedicating it after the ancient manner ; first , as to a dear friend , and then as to an apt person ; forasmuch as you have both place to practise it , and judgment , and leisure , to look deeper in it , then i have done . herein you must call to mind , . though the argument be not of great height and dignitie , nevertheless , it is of great and universal use . and yet i do not see , why ( to consider it rightly ) that should not be a learning of heighth , which teacheth to raise the highest and worthiest part of the minde . but howsoever that be , if the world take any light and use by this writing , i will , that the gratulation be to the good friendship and acquaintance between us two . and so i commend you to gods divine protection . sir francis bacon to the king , touching the sollicitors place . how honestly ready i have been ( most gracious sovereign ) to do your majesty humble service to the best of my power , and in a manner beyond my power ( as i now stand ) i am not so unfortunate , but your majesty knoweth : for both in the commission of union ( the labour whereof , for men of my profession , rested most upon my hand ) and this last parliament in the bill of the subsidie ( both body and preamble ) in the bill of attainders of tresham , and the rest ; in the matter of purveyance in the ecclesiastical petitions , in the grievances , and the like ; as i was ever careful ( and not without good success ) sometimes to put forward that which was good , sometimes to keep back that which was not so good ; so your majesty was pleased to accept kindly of my services , and to say to me , such conflicts were the wars of peace , and such victories , the victories of peace ; and therefore such servants that obtained them , were by kings that reign in peace , no less to be esteemed than services of commanders in the wars . in all which , nevertheless , i can challenge to my self no sufficiency , but that i was diligent and reasonably happy to execute those directions which i received either immediately from your royal mouth , or from my lord of salisbury ; at which time it pleased your majesty to promise and assure me , that upon the remove of the then attorney , i should not be forgotten , but brought into ordinary place . and this was , after , confirmed to me by many of my lords , and towards the end of the last term , the manner also in particular was spoken of ; that is , that mr. sollicitor should be made your majesties serjeant , and i sollicitor ; for so it was thought best , to sort with both our gifts and faculties , for the good of your service . and of this resolution , both court and countrey took knowledge . neither was this any invention or project of mine own , but moved from my lords ; and i think , first , from my lord chancellor . whereupon resting , your majesty well knoweth , i never opened my mouth for the greater place , though i am sure i had two circumstances , that mr. attorney that now is , could not alledge . the one , nine years service of the crown ; the other , being cousin-german to the lord of salisbury , whom your majesty esteemeth and trusteth so much . but for the less place , i conceived it was meant me . but after that mr. attorney hubbert was placed , i heard no more of my preferment , but it seemed to be at a stop , to my great disgrace and discouragement . for ( gracioussovereign ) if still when the waters are stirred , another shall be put before me , your majesty had need work a miracle , or else i shall be still a lame man to do your majesty service . and therefore my most humble suit to your majesty , is , that this which seem'd to me was intended , may speedily be performed and i hope my former service shall be but beginnings to better , when i am better strengthned : for sure i am , no mans heart is fuller ( i say not but many have greater hearts , but i say , not fuller ) of love and duty towards your majesty , and your children , as , i hope , time will manifest against envy and detraction , if any be . to conclude , i most humbly crave pardon for my boldness , and rest . sir francis bacon , to the king , his suitc to succeed in the atturneys place . it may please your majesty , your great and princely favours towards me in advancing me to place , and that which is to me of no less comfort , your majesties benign and gracious acceptation from time to time of my poor services , much above the merit and value of them , hath almost brought me to an opinion , that i may sooner perchance be wanting to my self in not asking , then find your majesties goodness wanting to me , in any my reasonable and modest desires . and therefore , perceiving how at this time preferments of law fly about mine ears , to some above me , and to some below me , i did conceive your majesty may think it rather a kinde of dulness , or want of faith , than modestie , if i should not come with my pitcher to jacobs well , as others do . wherein i shall propound to your majesty , that which tendeth not so much to the raising of my fortune , as to the setling of my minde , being sometimes assayled with this cogitation , that by reason of my slowness to sue and apprehend sudden occasions , keeping on one plain course of painful service , i may ( in fine dierum ) be in danger to be neglected and forgotten . and if that should be , then were it much better for me now while i stand in your majesties good opinion ( though unworthy ) and have some reputation in the world , to give over the course i am in , and to make proof to do you some honour by my pen ; either by writing some faithful narrative of your happy ( though not untraduced ) times , or by recompiling your laws , which , i perceive , your majesty laboureth with , and hath in your head , ( as jupiter had pallas ) or some other the like work ( for without some endeavour to do you honour i would not live ) then to spend my wits and time in this laborious place , wherein now i serve , if it shall be deprived of those outward ornaments , and inward comforts , which it was wont to have in respect of an assured succession to some place of more dignitie and rest , which seemeth now to be a hope altogether casual , if not wholly intercepted . wherefore ( not to hold your majesty long ) my suit ( then the which i think i cannot well go lower ) is , that i may obtain your royal promise to succeed ( if i live ) into the atturneys place , whensoever it shall be void , in being but the natural , and immediate step and rise , which the place i now hold hath ever ( in sort ) made claim to , and almost never failed of . in this suit i make no friends to your majesty , but relie upon no other motive than your grace , nor any other assurance but your word , whereof i had good experience when i came to the solicitors place , that they were like to the two great lights , which in their motions are never retrograde . so , with my best prayer for your majesties happiness , i rest . sir francis bacon , to sir george cary in france , upon sending him his writing , in foelicem memoriam elizabethae . my very good lord , being asked the question by this bearer , an old servant of my brother anthony bacon , whether i would command him any service into france , and being at better leisure then i would , in regard of sickness , i began to remember , that neither your business nor mine , ( though great and continual ) can be , upon an exact account , any just occasion why so much good will as hath passed between us , should be so much discontinued as it hath been . and therefore , because one must begin , i thought to provoke your remembrance of me , by my letter . and thinking how to fir it with somewhat besides salutations , it came to my mind , that this last summer by occasion of a factious book that endeavoured to verifie misera foemina ( the addition of the popes bull ) upon queen elizabeth ; i did write a few lines in her memorial , which i thought you would be well pleased to read , both for the argument , and because you were wont to bear affection to my pen. verum , ut aliud ex alio , if it came handsomly to pass , i would be glad the president de thou ( who hath written a history , as you know , of that fame and diligence ) saw it ; chiefly because i know not , whether it may not serve him for some use in his story ; wherein i would be glad he did right to the truth , and to the memory of that lady , as i perceive by that he hath already written , he is well inclined to do ; i would be glad also , it were some occasion ( such as absence may permit ) of some acquaintance or mutual notice between us . for though he hath many ways the precedence ( chiefly in worth ) yet this is common to us both , that we serve our sovereigns in places of law eminent , and not our selves only , but that our fathers did so before us ; and lastly , that both of us love learning , and liberal sciences , which was ever a bond of friendship , in the greatest distances of places . but of this i make no farther request , then your own occasions and respects ( to me unknown ) may further or limit ; my principal purpose being to salute you , and to send you this token , whereunto i will add my very kind commendations to my lady . and so commit you both to gods holy protection . a letter to sir geo. villiers , touching the difference between the courts of chancery and kings bench. sir , i received this morning from you two letters by the same bearer , the one written before the other , both after his majesty had received my last . in this difference between the two courts of chancery and kings bench ( for so i had rather take it at this time , then between the persons of my lord chancellor , and my lord chief justice ) i marvaile not , if rumour get way of true relation ; for i know fame hath swift wings , specially that which hath black feathers ; but within these two days ( for sooner i cannot be ready ) i will write to his majesty both the narrative truly , and my opinion sincerely , taking much comfort , that i serve such a king , as hath gods property , in discerning truly of mens hearts . i purpose to speak with my lord chancellor this day , and so to exhibit that cordial of his majesties grace , as i hope this other accident will rather rowse and raise his spirits , then deject him , or incline him to a relapse ; mean while , i commend the wit of a mean man that said this other day ; well ( saith he ) next term you shall have an old man come with a besom of worm-wood in his hand , that will sweep away all this . for it is my lord chancellor his fashion , especially towards the summer , to carry a posie of worm-wood . i writ this letter in haste , to return the messenger with it . god keep you , and long and happily may you serve his majesty . your true and affectionate servant . feb. . . post-script . sir , i humbly thank you for your inward letter : i have burned it as you commanded , but the flame it hath kindled in me will never be extinguished . sir francis bacon to the king , concerning the praemunire in the kings bench against the chancery . it may please your most excellent majesty , i was yesterday in the afternoon with my lord chancellor , according to your commandment , which i received by the master of the horse , and find the old man well comforted , both towards god , and towards the world . and that same middle comfort , which is a divine and humane proceeding from your majesty being gods leiutenant on earth , i am perswaded hath been a great cause , that such a sickness hath been portable to such an age . i did not faile in my conjecture , that this business of the chancery hath stirred him . he sheweth to despise it , but yet he is full of it , and almost like a young duelist that findeth himself behind hand . i will now ( as your majesty requireth ) give you a true relation of that which passed ; neither will i decline your royall commandment , for delivering my opinion also , though it be a tender subject to write on . but i that account my being but an accident to my service , will neglect no duty upon self-safety . first , it is necessary i let your majesty know the ground of the difference between the two courts , that your majesty may the better understand the narrative . there was a statute made . ed. . cap. . which ( no doubt ) in the principal intention thereof , was ordained against those that sued to rome , wherein there are words somewhat general , against any that questioneth or impeacheth any judgement given in the kings courts , in any other courts . upon these doubtfull words ( other courts ) the controversie groweth ; for the founder interpretation taketh them to be meant of those courts which though locally they were not held at rome , or where the popes chair was , but here within the realm , yet in their jurisdiction had their dependency upon the court of rome , as were the court of the legat here , and the courts of the arch-bishops and bishops , which were then but subordinate judgement seats , to that high tribunal of rome . and for this construction the opposition of the words , ( if they be well observed ) between the kings courts and other courts , maketh very much ; for it importeth as if those other courts were not the kings courts . also the main scope of the statute sortifieth the same ; and lastly the practice of many ages . the other interpretation ( which cleaveth to the letter , expoundeth the kings courts to be the courts of law only , and other courts to be courts of equity , as the chancery , exchequer-chamber , dutchy , &c. though this also flyeth indeed from the letter ; for that all these are the kings courts . there is also another statute which is but a simple prohibition , and not with a penalty of praemunire as the other is , that after judgements given in the kings courts , the parties shall be in peace , except the judgments be undone by error , or attaint , which is a legall form of reversall . and of this also , i hold the sounder interpretation to be , to settle possessions against disturbances ; and not to take away remedy in equity , where those judgments are obtained ex rigore juris , and against good conscience . but upon these two statutes , there hath been a late conceipt in some , that if a judgement passe at the common-law against any , he may not after sue for relief in chancery ; and if he do , both he and his councel and his solicitor , yea and the judge in equity , himself , are within the danger of those statutes . there your majesty hath the true state of the question , which i was necessarily to shew you first , because your majesty calleth for this relation , not as news , but as business . now to the historical part ; it is the course of the kings bench , that they give in charge to the grand jury offences of all natures to be presented within middlesex where the said court is ; and the manner is to enumerate them , as it were in articles . this was done by justice crooke , the wednesday before the term ended , and that article , if any man after a judgement given had drawn the said judgement to a new examination in any other court , was by him especially given in charge , which had not used to be given in charge before . it is true , it was not solemnly dwelt upon , but as it were , thrown in amongst the rest . the last day of the term ( and that which all men condemn ) the supposed last day of my lord chancellors life ) there were two indictments preferred of praemunire , for suing in chancery after judgement at common-law ; the one by richard glanvile , the other by william allen ; the former against courtney the party in chancery ; gibb the councellor , and deurst the clerk. the latter against alderman bowles , and humphry smith , parties in chancery ; serjeant moor the councellor , elias wood sollicitor in the cause , and sir john tindall master of the chancery , and an assessor to my lord chancellor . for the cases themselves , it were too long to trouble your majesty with them ; but this i will say , if they were set on that preferred them , they were the worst workmen that ever were that set them on ; for there could not have been chosen two such causes , to the honour and advantage of the chancery , for the justness of the decrees , and the foulness and scandal both of fact and person , in those that impeach the decrees . the grand jury consisting ( as it seemeth ) of very substantial and intelligent persons , would not find the bills , notwithstanding that they were much clamoured by the parties , and twice sent back by the court ; and in conclusion , resolutely of found an ignoramus ; wherein , for that time , i think ignoramus was wiser than those that knew too much . your majesty will pardon me , if i be sparing in delivering to you some other circumstances of aggravation , and concurrences of some like matters the same day , as if it had been some fatal constellation . they be not things so sufficiently tryed , as i dare put them into your ear . for my opinion , i cannot but begin with this preface , that i am infinitely sorry that your majesty is thus put to salve and cure , not only accidents of time , but errors of servants . for i account this a kind of sickness of my lord cooke's , that comes almost , in as ill a time , as the sickness of my lord chancellor . and as i think it was one of the wisest parts that ever he plaid , when he went down to your majesty to royston , and desired to have my lord chancellor joined with him : so this was one of the weakest parts that ever he plaid , to make all the world perceive that my lord chancellor is severed from him at this time . but for that which may concern your service , which is my end , ( leaving other men to their own wayes ) first , my opinion is plainly , that my lord cooke , at this time , is not to be disgraced , both because he is so well habituate for that which remaineth of these capital causes , and also for that which i find is in his breast touching your finances , and matters of repair of your estate . and ( if i might speak it ) as i think it were good his hopes were at an end in some kind , so i could wish they were raised in some other . on the other side , this great and publick affront , not only to the reverend and well-deserving person of your chancellor ( and at a time when he was thought to lie a dying , which was barbarous ) but to your high-court of chancery ( which is the court of your absolute power ) may not ( in my opinion ) pass lightly , nor end only in some formal atonement ; but use is to be made thereof , for the setling of your authority , and strengthning of your prerogative , according to the true rules of monarchy . now to accommodate and reconcile these advices , which seem almost opposite . first , your majesty may not see it ( though i confess it be suspitious ) that my lord cooke was any way aforehand privy to that which was done , or that he did set it , or animate it , but only took the matter as it came before him , and that his error was only that at such a time he did not divert it in some good manner . secondly , if it be true ( as is reported ) that any of the puisne judges did stir this business , or that they did openly revile and menace the jury for doing their conscience ( as they did honestly and truly ) i think that judge is worthy to lose his place . and to be plain with your majesty , i do not think there is any thing a greater polycreston , ad multa utile , to your affairs , than upon a just and fit occasion , to make some example against the presumption of a judge , in causes that concern your majesty ; whereby the whole body of those magistrates may be contained in better awe ; and , it may be , this will light upon no unfit subject , of a person that is rude , and that no man cares for . thirdly , if there be no one so much in fault ( which i cannot yet affirm either way , and there must be a just ground , god forbid else ) yet i should think , that the very presumption of going so far in so high a cause , deserveth to have that done , which was done in this very case , upon the indictment of serjeant heale in queen elizabeth's time , that the judges should answer it upon their knees before your majesty , or your councel , and receive a sharp admonition ; at which time also , my lord wrey being then chief justice , slipt the collar , and was forborn . fourthly , for the persons themselves , glanvile and allen , which are base fellows , and turbulent , i think there will be discovered and proved against them ( besides the preferring of the bill ) such combination , and contemptuous speeches and behaviour , as there will be good ground to call them , and perhaps some of their petty councellors at law , into the star-chamber . in all this which i have said , your majesty may be pleased to observe , that i do not engage you much in the main point of the jurisdiction , for which i have a great deal of reason , which i now forbear . but two things i wish to be done ; the one , that your majesty take this occasion to redouble unto all your judges your ancient and true charge and rule ; that you will endure no innovating in the point of jurisdictions ; but will have every court impaled within their own presidents , and not assume to themselves new powers , upon conceits and inventions of law : the other , that in these high causes that touch upon state and monarchy , your majesty give them strait charge , that upon any occasions intervenient hereafter , they do not make the vulgar party to their contestations , by publick handling them , before they have consulted with your majesty , to whom the reglement of those things appertaineth . to conclude , i am not without hope , that your majesties managing this business , according to your great wisdom , unto which i acknowledge my self not worthy to be card-holder , or candle-holder , will make profit of this accident , as a thing of gods sending . lastly , i may not forget to represent to your majesty , that there is no thinking of arraignments , until these things be somewhat accommodated , and some outward and superficial reconciliation , at least , made between my lord chancellor , and my lord chief justice ; for this accident is a banquet to all somersets friends . but this is a thing that falleth out naturally of it self , in respect of the judges going circuit , and my lord chancellors infirmity , with hope of recovery . and although this protraction of time may breed some doubt of mutability , yet i have lately learned out of an excellent letter of a certain king , that the sun sheweth sometimes watry to our eyes , but when the cloud is gone , the sun is as before . god preserve your majesty . your majesties most humble subject , and most bounden servant . febr. . . your majesties commandment speaketh for pardon of so long a letter ; which yet i wish may have a short continuance , and be punished with fire . a letter to the king , touching matter of revenue and profit . it may please your majesty , i may remember what tacitus saith , by occasion that tiberius was often and long absent from rome , in urbe , & parva & magna negotia imperatorem simul premunt . but saith he , in recessu , dimissis rebus minoris momenti , summae rerum magnarum magis agitantur . this maketh me think , it shall be no incivility to trouble your majesty with business , during your aboad from london , knowing your majesties meditations are the principal wheel of your estate , and being warranted by a former commandment , which i received from you . i do now only send your majesty these papers inclosed , because i greatly desire so far forth to preserve my credit with you , as thus : that whereas lately ( perhaps out of too much desire which induceth too much belief ) i was bold to say , that i thought it as easie for your majesty to come out of want , as to go forth of your gallery , your majesty would not take me for a dreamer , or a projector . i send your majesty therefore some grounds of my hopes . and for that paper which i have gathered of increasments sperate ; i beseech you to give me leave to think , that if any of the particulars do fail , it will be rather for want of workmanship in those that shall deal in them , than want of materials in the things themselves . the other paper hath many discarding cards ; and i send it chiefly , that your majesty may be the less surprized by projectors , who pretend sometimes great discoveries and inventions , in things that have been propounded , and perhaps after a better fashion , long since . god almighty preserve your majesty . your majesties most humble and devoted servant and subject . april . sir francis bacon , the kings attorney , to the king , touching the proceeding with somerset . it may please your most excellent majesty , at my last access to your majesty , it was sit for me to consider the time , and your journey ; which maketh me now trouble your majesty with a remnant of that i thought then to have said , besides your old warrant , and commission to me , to advertise your majestie , when you are aux champs , of any thing that concern'd your service , and my place . i know your majestie is nunquam minus solus quam cum solus ; and , i confess , in regard of your great judgment ( unto which nothing ought to be presented , but well weighed ) i could almost wish , that the manner of tiberius were in use again , of whom tacitus saith , mos erat quamvis praesentem scripto adire ; much more , in absence . i said to your majestie , that which i do now repeat , that the evidence , upon which my lord of somerset standeth indicted , is of a good strong thred , considering impoysoning is the darkest of offences ; but , that the thred must be well spun , and woven together . for , your majestie knoweth , it is one thing to deal with a jury of middlesex and londoners , and another to deal with the peers , whose objects , perhaps , will not be so much what is before them in the present case ( which , i think , is as odious to them as to the vulgar ) but what may be hereafter . besides , there be two disadvantages , we that shallgive in evidence shall meet with , somewhat considerable : the one , that the same things , often open'd , lose their freshness , except there be an aspersion of somewhat that is new ; the other is , the expectation raised , which makes things seem less then they are , because they are less then opinion . therefore i were not your attorney , nor my self , if i should not be very careful , that in this last part , which is the pinacle of your former justice , all things may pass sine offendiculo , sine scrupulo . hereupon i did move two things , which ( having now more fully explained my self ) i do in all humbleness renew . first , that your majesty will be careful to chuse a steward of judgment , that may be able to moderate the evidence , and cut off digressions ; for i may interrupt , but i cannot silence : the other , that there may be special care taken , for the ordering of the evidence , not only for the knitting , but for the list , and ( to use your majesties own word ) the confining of it . this to do , if your majestie vouchsafe to direct it your self , that is the best ; if not , i humbly pray you , to require my lord chancellor , that he , together with my lord chief justice , will confer with my self , and my sellows , that shall be used for the marshalling and bounding of the evidence ; that we may have the help of his opinion , as well as that of my lord chief justice , whose great travels as i much commend ; yet that same plerophoria , or over-confidence , doth always subject things to a great deal of chance . there is another business proper for me to crave of your majesty at this time ( as one that have in my eye a great deal of service to be done ) concerning your casual revenue ; but considering times and persons , i desire to be strengthned by some such form of commandment under your royal hand , as i send you here inclosed . i most humbly pray your majesty , to think that i understand my self right well in this which i desire , and that it tendeth greatly to the good of your service . the warrant i mean not to impart , but upon just occasion . thus , thirsty to hear of your majesties good health , i rest . jan. . . sir francis bacon , the kings attorney , to sir george villiers , concerning the proceeding with somerset . sir , i thought it convenient to give his majesty an account of that which his majesty gave me in charge in general , reserving the particulars for his coming . and i find it necessary to know his pleasure in some things , ere i could further proceed . my lord chancellor and my self , spent thursday and yesterday , the whole forenoons of both dayes , in the examination of sir robert cotton , whom we find , hitherto , but empty , save only in the great point of the treaty with spain . this examination was taken before his majesties warrant came to mr. vice-chamberlain , for communicating unto us the secrets of the pensions ; which warrant i received yesterday morning , being friday , and a meeting was appointed at my lord chancellors , in the evening , after councel : upon which conference , we find matter of further examination for sir robert cotton , of some new articles , whereupon to examine somerset , and of entring into examination of sir william mounson . wherefore , first for somerset , being now ready to proceed to examine him , we stay only upon the duke of lenox , who , it seemeth , is fallen sick , and keepeth in ; without whom , we neither think it warranted by his majesties direction , nor agreeable to his intention , that we should proceed ; for that will want , which should sweeten the cup of medicine , he being his countrey man and friend . herein then we humbly crave his majesties direction with all convenient speed , whether we shall expect the dukes recovery , or proceed by our selves ; or that his majesty will think of some other person ( qualified according to his majesties just intention ) to be joined with us . i remember we had speech with his majesty of my lord hay , and j , for my part , can think of no other , except it should be my lord chancellor of scotland ; for my lord binning may be thought too near allied . i am further to know his majesties pleasure concerning the day : for my lord chancellor and j , conceived his majesty to have designed the monday and tuesday aftet st. georges feast ; and , nevertheless , we conceived also , that his majesty understood , that the examinations of somerset about this , and otherwise , touching the spanish practices , should first be put to a point ; which will not be possible , as time cometh on , by reason of this accident of the dukes sickness , and the cause we find of sir william mounsons examination ; and that divers of the peers are to be sent for from remote places . it may please his majesty therefore , to take into consideration , whether the days may not well be put off till wednesday and thursday after the term , which endeth on the munday , being the wednesday and thursday before whitsontide ; or , if that please not his majesty , ( in respect it may be his majesty will be then in town , whereas these arraignments have been still in his majesties absence from town ) then to take munday and tuesday after trinity-sunday , being the munday and tuesday before trinity term. now for sir william mounson , if it be his majesties pleasure that my lord chancellor and i shall proceed to the examination of him ( for that of the duke of lenox differs , in that there is not the like cause as in that of somerset ) then his majesty may be pleased to direct his commandment and warrant to my lord chief justice , to deliver unto me the examinations he took of sir william mounson , that those , joyned to the information which we have received from mr. vice-chamberlain , may be full instructions unto us for his examination . further , i pray , let his majesty know , that on thursday in the evening my lord chief justice and my self attended my lord chancellor at his house , for the setling of that scruple which his majesty most justly conceived in the examination of the lady somerset ; at which time , resting on his majesties opinion , that that evidence , as it standeth now unclear'd , must , secundum leges sanae conscientiae , be laid aside ; the question was , whether we should leave it out ? or try what a re-examination of my lady somerset would produce ? whereupon , we agreed upon a re-examination of my lady somerset , which my lord chief justice and i , have appointed for monday morning . i was bold , at that meeting , to put my lord chief justice a posing question , which was , whether that opinion which his brethren had given upon the whole evidence , and he had reported to his majesty , viz. ( that it was good evidence , in their opinions , to convince my lord of somerser ) was not grounded upon this part of the evidence now to be omitted , as well as upon the rest ? who answered confidently , that , no : and they never saw the exposition of the letter , but only the letter . the same thursday evening , before we entred into this last matter , and in the presence of mr. secretary winwood ( who left us when we went to the former business ) we had conference concerning the frauds and abusive grants passed to the prejudice of his majesties state of revenue ; where my lord chief justice made some relation of his collections which he had made of that kind ; of which i will say only this , that i heard nothing that was new to me , and i found my lord chancellor , in divers particulars , more ready then i found him . we grew to a distribution both of times , and of matters : for we agreed what to begin with presently , and what should follow ; and also we had consideration what was to be holpen by law , what by equity , and what by parliament : wherein , i must confess , that in the last of these ( of which my lord chief justice made most accompt ) i make most doubt . but the conclusion was , that upon this entrance , i should advise and conferr at large with my lord chief justice , and set things on work . the particulars i referr till his majesties coming . the learned councel have attended me now twice at my chamber , to confer upon that which his majesty gave us in commandment for our opinions upon the case set down by my lord chancellor , whether the statutes extend to it or no. wherein , we are more and more edified and confirmed , that they do not , and shall shortly send our report to his majesty . sir , i hope you will bear me witness i have not been idle ; but all is nothing to the duty i owe his majesty for his singular favours past and present ; supplying all with love and prayers , i rest . your true friend , and devoted servant . april . . sir francis bacon , the kings attorney , giving account of an examination taken of somerset at the tower. sir , i received from you a letter of very brief and clear directions , and i think it a great blessing of god upon me and my labours , that my directions come by so clear a conduit , as they receive no tincture in the passage . yesterday , my lord chancellor , the duke of lenox , and my self , spent the whole afternoon at the tower , in the examination of somerset , upon the articles sent from his majesty , and some other additionals , which were in effect contained in the former , but extended to more particularity , by occasion of somewhat discovered by cottons examination , and mr. vice-chamberlains information . he is full of protestations , and would fain keep that quarter toward spain clear , using but this for argument ; that he had such fortunes from his majesty , as he could not think of bettering his conditions from spain , because ( as he said ) he was no military man. he cometh nothing so far on ( for that which concerneth the treaty ) as cotton , which doth much aggravate suspicion against him . the further particulars i reserve to his majesties coming . in the end , tanquam obiter , but very effectually , my lord chancellor put him in minde of the state he stood in for the imprisonment ; but he was little moved with it , and pretended carelesness of life , since ignominy had made him unfit for his majesties service . i am of opinion , that the fair usage of him , as it was fit for the spanish examinations , and for the questions touching the papers and dispatches , and all that ; so it was no good preparative , to make him descend into himself touching his present danger : and therefore my lord chancellor , and my self , thought not good to insist upon it at this time . i have received from my lord chief justice the examinations of sir william mounson : with whom we mean to proceed to further examination with all speed . my lord chief justice is altered touching the re-examination of the lady , and desired me that we might stay till he spake with his majesty , saying , it could be no casting back to the business ; which i did approve . my self , with the rest of my fellows , upon due and mature advice , perfected our report touching the chancery ; for the receiving whereof , i pray you , put his majesty in mind , at his coming , to appoint some time for us to wait upon him all together , for the delivery in of the same , as we did in our former certificate . for the revenue matters , i reserve them to his majesties coming ; and in the mean time , i doubt not but master secretary winwood will make some kind of report thereof to his majesty . for the conclusion of your letter , concerning my own comfort , i can say but the psalm of quid retribuam ? god , that giveth me favour in his majesties eyes , will strengthen me in his majesty service . i ever rest , your true and devoted servant . april . . to requite your post-script of excuse for scribling , i pray you excuse that the paper is not gilt , i writing from westminster hall , where we are not so fine . sir francis bacon , the kings attorney , to sir george villiers , touching the proceeding with somerset . sir , i have received my letter from his majesty , with his marginal notes , which shall be my directions , being glad to perceive i understand his majesty so well . that little charm , which may be secretly infused into somersets ear some few hours before his tryal , was excellently well thought of by his majesty , and i do approve it , both for matter , and time ; only , if it seem good to his majesty , i would wish it a little enlarged : for , if it be no more but to spare his blood , he hath a kind of proud humour , which may over-work the medicine . therefore i could wish it were made a little stronger , by giving him some hope that his majesty will be good to his lady and child ; and that time ( when justice , and his majesties honour , is once salved and satisfied ) may produce further fruit of his majesties compassio ; which was to be seen in the example of southampton , whom his majesty , after attainder , restor d ; and cobham and gray , to whom his majesty ( notwithstanding they were offendors against his own person ) yet spared their lives ; and for gray , his majesty gave him back some part of his estate , and was upon point to deliver him much more ; he , having been so highly in his majesties favour , may hope well , if he hurt not himself by his publick misdemeanor . for the person that should deliver this message , i am not so well seen in the religion of his friends , as to be able to make choice of a particular ; my lord treasurer , the lord knolles , or any of his neerest friends , should not be trusted with it ; for they may go too far , and perhaps , work contrary to his majesties ends . those which occur to me , are my lord hay , my lord burghley ( of england , i mean ) and sir robert carr. my lady of somerset hath been re-examined , and his majesty is sound , both a true prophet , and a most just king , in that scruple he made : for now she expoundeth the word he , that should send the tarts to helwish's wife , to be of overbury , and not of somerset ; but for the person that should bid her , she saith , it was northampton or weston , not pitching upon certainty , which giveth some advantage to the evidence . yesterday being wednesday , i spent or houres with the judges whom his majesty designed to take consideration with the four judges of the kings bench , of the evidence against somerset . they all concurre in opinion , that the questioning him , and drawing him on to tryal is most honourable and just , and that the evidence is fair and good . his majesties letter to the judges concerning the commendams was full of magnanimity and wisdome . i perceive his majesty is never less alone , then when he is alone ; for i am sure there was no body by him to informe him , which made me admire it the more . the judges have given day over , till the second saturday of the next term ; so as that matter may indure further consideration for his majesty , not only not to lose ground , but to win ground . to morrow is appointed for the examination of somerset , which by some infirmitie of the duke of lenox , was put off from this day . when this is done , i will write more fully , ever resting , your true and devoted servant . may . . sir francis bacon , the kings attorney , to sir george villiers , of account and advice to his majesty , touching somerset's arraignment . sir , i am far enough from opinion , that the redintegration or resuscitation of somersets fortune can ever stand with his majesties honour and safety ; and therein i think i exprest my self fully to his majesty in one of my former letters : and i know well any expectation or thought abroad will do much hurt . but yet the glimmering of that which the king hath done to others , by way of talke to him , cannot hurt , as i conceive ; but i would not have that part of the message as from the king , but added by the messenger , as from himself . this i remit to his majesties princely judgement . for the person , though he trust the lieutenant well , yet it must be some new man ; for in these cases , that which is ordinary , worketh not so great impressions , as that which is new and extraordinary . the time i wish to be the tuesday , being the even of his ladies arraignment . for as his majesty first conceived , i would not have it stay in his stomack too long , lest it sowre in the digestion ; and to be too neer the time , may be thought but to tune him for that day . i send herewithal the substance of that which i purpose to say nakedly , and only in that part which is of tenderness ; for that i conceive was his majesties meaning . it will be necessary , because i have distributed parts to the two serjeants ( as that paper doth express ) and they understand nothing of his majesties pleasure , of the manner of carrying the evidence , more than they may guess by observation of my example ( which they may ascribe as much to my nature , as to direction ) therefore that his majesty would be pleased to write some few words to us all , signed with his own hand , that the matter it self being tragical enough , bitterness and insulting be forborn ; and that we remember our part , to be to make him delinquent to the peers , and not odions to the people . that part of the evidence of the ladies exposition of the pronoun ( he ) which was first caught hold of by me , and after by his majesties singular wisdom and conscience , excepted to , and now is by her re-examination retracted , i have given order to serjeant montague ( within whose part it falleth ) to leave it out of the evidence . i do yet crave pardon , if i do not certifie touching the point of law for respiting the judgment , for i have not fully advised with my lord chancellor concerning it ; but i will advertise it in time . i send his majesty the lord stewards commission in two several instruments ; the one to remain with my lord chancellor , which is that which is written in secretary hand for his warrant , and is to pass the signet ; the other , that , whereunto the great seal is to be affixed , which is in chancery hand . his majesty is to sign them both , and to transmit the former to the signet , if the secretaries either of them be there ; and both of them are to be returned to me with all speed . i ever rest , your true and devoted servant . may . . sir francis bacon , the kings attorney , and some great lords commissioners , concerning the perswasion used to the lord of somerset to a frank confession . it may please your majesty , we have done our best endeavours to perform your majesties commission both in matter and manner , for the examination of my lord of somerset , wherein that which passed ( for the general ) was to this effect ; that he was to know his own case , for that his day of trial could not be far off ; but that this dayes work was that which would conduce to your majesties justice little or nothing , but to your mercy much , if he did lay hold upon it ; and therefore might do him good , but could do him no hurt : for as for your justice , there had been taken great and grave opinion , not only of such judges as he may think violent , but of the most saddest and most temperate of the kingdom , who ought to understand the state of the proofs , that the evidence was full to convict him , so as there needed neither confession , nor supply of examination . but for your majesties mercy ( although he were not to expect we should make any promise ) we did assure him , that your majesty was compassionate of him , if he gave you some ground whereon to work ; that as long as he stood upon his innocency , and tryal , your majesty was tyed in honour to proceed according to justice , and that he little understood ( being a close prisoner ) how much the expectation of the world , besides your love to justice it self , engaged your majesty , whatsoever your inclination were ; but nevertheless , that a frank and clear confession might open the gate of mercy , and help to satisfie the point of honour . that his lady ( as he knew , and that after many oaths , and imprecations to the contrary ) had nevertheless in the end , been touched with remorse , confessed , that she that led him to offend , might lead him likewise to repent of his offence . that the confession of one of them could not fitly do either of them much good ; but the confession of both of them might work some further effect towards both . and therefore , in conclusion , we wished him not to shut the gate of your majesties mercy against himself , by being obdurate any longer . this was the effect of that which was spoken , part by one of us , part by another , as it fell out : adding further , that he might well discern who spake in us , in the course we held ; for that commissioners of examination might not presume so far of themselves . not to trouble your majesty with circumstances of his answers , the sequel was no other , but that we found him still not to come any degree further on to confess ; only his behaviour was very sober and modest , and mild ( differing apparently from other times ) but yet , as it seem'd , resolv'd to expect his tryal . then did we proceed to examine him upon divers questions touching the impoysonment , which indeed were very material , and supplemental to the former evidence ; wherein either his affirmatives gave some light , or his negatives do greatly falsifie him , in that which is apparently proved . we made this further observation , that when we asked him some question that did touch the prince , or some forrain practice ( which we did very sparingly at this time ) yet he grew a little stirred ; but in the questions of the impoysonment , very cold and modest . thus not thinking it necessary to trouble your majesty with any further particulars , we end with prayer to god ever to preserve your majesty . your majesties most loyal , and faithful servant , &c. if it seem good unto your majesty , we think it not amiss some preacher ( well chosen ) had access to my lord of somerset , for his preparing and comfort , although it be before his tryal . sir francis bacon , to the king , upon some inclination of his majesty , signified to him for the chancellors place . it may please your most excellent majesty , the last day when it pleased your majesty to express your self towards me in favour , far above that i can deserve , or could expect , i was surprised by the princes coming in ; i most humbly pray your majesty , therefore , to accept these few lines of acknowledgement . i never had great thoughts for my self , further then to maintain those great thoughts which i confess i have for your service . i know what honour is , and i know what the times are ; but i thank god , with me my service is the principal ; and it is far from me , under honourable pretences , to cover base desires , which i account them to be , when men refer too much to themselves , especially serving such a king. i am afraid of nothing , but that the master of the horse , your excellent servant , and my self , shall fall out about this , who shall hold your stirrup belt : but were your majesty mounted , and seated without difficulties and distastes in your business , as i desire and hope to see you , i should ex animo , desire to spend the decline of my years in my studies , wherein also i should not forget to do him honour , who besides his active and politick vertues , is the best pen of kings , and much more the best subject of a pen. god ever preserve your majesty . your majesties most humble subject , and more and more obliged servant , april . . . sir francis bacon , the kings attorney , returned with postils of the kings own hand . it may please your most excellent majesty , your majesty hath put upon me a work of providence in this great cause , which is to break and distinguish future events into present cases , and so to present them to your royal judgement , that in this action which hath been carried with so great prudence , justice and clemency , there may be ( for that which remaineth ) as little surprize as is possible , but that things duly foreseen may have their remedies and directions in readinss ; wherein i cannot forget what the poet martial saith ; o! quantum est subitis casibus ingenium ! signifiing , that accident is many times more subtil then foresight , and over-reacheth expectation ; and besides , i know very well the meanness of my own judgment , in comprehending or forecasting what may follow . it was your majesties pleasure , also , that i should couple the suppositions with my opinion in every of them , which is a harder taske ; but yet your majesties commandment requireth my obedience , and your trust giveth me assurance . i will put the case which i wish ; that somerset should make a clear confession of his offences , before he be produced to tryal . in this case , it seemeth your majesty will have a new consult . the points whereof will be , ( ) whether your majesty will stay the trial , and so save them both from the stage , and that publique ignominy . or , ( ) whether you will ( or may sitly by law ) have the trial proceed , and stay or reprieve the judgment ; which saveth the lands from forfeiture , and the blood from corruption . or , ( ) whether you will have both trial and judgment proceed , and save the blood only , not from corrupting , but from spilling . rex . i say with apollo , media tutius itur , if it may stand with law ; and if it cannot , when i shall hear that he confesseth , i am then to make choice of the first , or the last .   these be the depths of your majesties mercy which i may not enter into ; but for honour and reputation , they have these grounds .   that the blood of overbury is already revenged by divers executions .   that confession and penitency are the footstools of mercy , adding this circumstance likewise , that the former offenders did none of them make a clear confession .   that the great downfal of so great persons carrieth , in it self , a heavie punishment , and a kind of civil death , although their lives should not be taken . all which may satisfie honour , for sparing their lives . but if your majesties mercy should extend to the first degree , which is the highest , of sparing the stage and the trial ; then three things are to be considered . rex . this article cannot be mended in point thereof . first , that they make such a submission or deprecation , as they prostrate themselves , and all that they have , at your majesties feet , imploring your mercy .   secondly , that your majesty , in your own wisdom , do advise what course you will take , for the utter extinguishing of all hope of resuscitating of their fortunes and favour ; whereof if there should be the least conceit , it will leave in men a great deal of envie , and discontent .   and lastly , whether your majestie will not suffer it to be thought abroad , that there is cause of further examination of somerset , concerning matters of estate , after he shall begin once to be a confessant , and so make as well a politick ground , as a ground of clemencie , for further stay . and for the second degree of proceeding to trial , and staying judgment , i must better inform my self , by presidents , and advise with my lord chancellor . the second case is , if that fall out which is likest ( as things stand , and which we expect ) which is , that the lady confess : and that somerset himself plead not guilty , and be found guilty . in this case , first , i suppose your majesty will not think of any stay of judgment , but that the publique process of justice pass on . rex . if stay of judgment can stand with the law , i would even wish it in this case ; in all the rest this article cannot be mended . secondly , for your mercie to be extended to both , for pardon of their execution , i have partly touched , in the considerations applyed to the former case ; whereunto may be added , that as there is ground of mercy for her , upon her penitency and free confession , and will be much more upon his finding guilty , because the malice on his part will be thought the deeper source of the offence ; so there will be ground for mercie , on his part , upon the nature of the proof , because it rests chiefly upon presumptions . for certainly , there may be an evidence so ballanced , as it may have sufficient matter for the conscience of the peers to convict him , and yet leave sufficient matter in the conscience of a king upon the same evidence , to pardon his life ; because the peers are astringed by necessity , either to acquit or condemn ; but grace is free . and for my part , i think the evidence in this present case will be of such a nature .   thirdly , it shall be my care so to moderate the manner of charging him , as it might make him not odious beyond the extent of mercy . rex . that danger is well to be foreseen , lest he upon the one part commit impardonable errors , and i on the other part seem to punish him in the spirit of revenge . lastly , all these points of mercy and favour are to be understood with this limitation , if he do not , by his contemptuous and insolent carriage at the bar , make himself uncapable and unworthy of them . the third case is , if he should stand mute , and will not plead , whereof in this case , i should think fit , that , as in publique , both my self , and chiefly my lord chancellor ( sitting then as lord steward of your majesty knoweth there hath been some secret question . england ) should dehort and deter him from that desperation ; so nevertheless , that as much should be done for him , as was done for weston , which was to adjourn the court some dayes , upon a christian ground , that he may have time to turn from that mind of destroying himself ; during which time your majesties further pleasure may be known . rex . this article cannot be mended .   the fourth case is that , which i should be very sorry should happen ; but it is a future contingent , that is , if the peers should acquit him , and finde him not guilty . in this case , the lord steward must be provided what to do . for as it hath been never seen , ( as i conceive it ) that there should be any rejecting of the verdict , or any respiting of the judgment of the acquittal , so on the other side , this case requireth , that because there be many high and heinous offences ( though not capital ) for which he may be questioned in the star-chamber , or otherwise , that there be some touch of that in general , at the conclusion , by my lord steward of england . and that therefore : he be remanded to the tower , as close prisoner . rex . this is so also .   for matter of examination , or other proceedings , my lord chancellor , with my advice hath set down . tomorrow , being monday , for the re-examination of the lady . wednesday next , for the meeting of the judges , concerning the evidence . thursday , for the examination of somerset himself , according to your majesties instructions . which three parts , when they shall be performed , i will give your majesty advertisement with speed , and in the mean time be glad to receive from your majesty ( whom it is my part to inform truly ) such directions , or significations of your pleasure , as this advertisement may induce , and that with speed , because the time cometh on . well remembring who is the person whom your majesty admitted to this secret ; i have sent this letter open unto him , that he may take your majesties times to report it , or shew it unto you , assuring my self , that nothing is more firm than his trust , tyed to your majesties commandments . your majesties most humble , and most bounden subject and servant . april . . the copy of a letter , conceived to be written to the late duke of buckingham , when he first became a favourite to king james , by sir francis bacon , afterwards lord verulam , and viscount st. alban : containing some advices unto the duke , for his better direction in that eminent place of the favourite ; drawn from him at the intreaty of the duke himself , by much importunity . noble sir , what you requested of me by word , when i last waited on you , you have since renewed by your letters . your requests are commands unto me ; and yet the matter is of that nature , that i find my self very unable to serve you therein , as you desire . it hath pleased the king to cast an extraordinary eye of favour upon you , and you express your self very desirous to win upon the judgment of your master , and not upon his affections only . i do very much commend your noble ambition herein ; for , favour so bottomed , is like to be lasting ; whereas , if it be built upon the sandy foundation of personal respects only , it cannot be long-lived . yet in this you have erred , in applying your self to me , the most unworthy of your servants , to give assistance upon so weighty a subject . you know , i am no courtier , nor vers'd in state-affairs , ; my life , hitherto , hath rather been contemplative , then active ; i have rather studied books , then men ; i can but guess , at the most , at these things , in which you desire to be advised : nevertheless , to shew my obedience , though with the hazard of my discretion , i shall yield unto you . sir , in the first place , i shall be bold to put you in minde of the present condition you are in ; you are not only a courtier , but a bed-chamber man , and so are in the eye and eare of your master ; but you are also a favourite ; the favourite of the time , and so are in his bosome also ; the world hath so voted you , and doth so esteem of you , ( for kings and great princes , even the wisest of them , have had their friends , their favourites , their privadoes , in all ages ; for they have their affections , as well as other men ) of these they make several uses : sometimes to communicate and debate their thoughts with them , and to upon their judgments thereby ; sometimes to ease their cares by imparting them ; and sometimes to interpose them , between themselves and the envy or malice of their people ( for kings cannot erre , that must be discharged upon the shoulders of their ministers ; and they who are neerest unto them must be content to bear the greatest load ; ) truly sir , i do not believe or suspect that you are chosen to this eminency , out of the last of these considerations ; for you serve such a master , who by his wisdom and goodness , is as free from the malice or envy of his subjects , as , i think i may say truly , ever any king was , who hath sate upon his throne before him : but i am confident , his majesty hath cast his eys upon you , as finding you to be such as you should be , or hoping to make you to be such as he would have you to be ; for this i may say without flattery , your out-side promiseth as much as can be expected from a gentleman : but be it in the one respect , or other , it belongeth to you to take care of your self , and to know well what the name of a favourite signifies ; if you be chosen upon the former respects , you have reason to take care of your actions , and deportment , out of your gratitude , for the kings sake ; but if out of the latter , you ought to take the greater care , for your own sake . you are as a new-risen starre , and the eys of all men are upon you ; let not your own negligence make you fall like a meteor . the contemplation then of your present condition must necessarily prepare you for action ; what time can be well spar'd from your attendance on your master will be taken up by suitors , whom you cannot avoid , nor decline , without reproach ; for if you do not already , you will soon find the throng of suitors attend you ; for no man , almost , who hath to do with the king , will think himself safe , unless you be his good angel , and guide him , or , at least , that you be not a malus genius against him ; so that , in respect of the king your master , you must be very wary , that you give him true information ; and if the matter concern him in his government , that you do not flatter him ; if you do , you are as great a traytor to him , in the court of heaven , as he that draws his sword against him ; and in respect of the suitors which shall attend you , there is nothing will bring you more honour and more ease , then to do them what right in justice you may , and with as much speed as you may ; for believe it , sir , next to the obtaining of the suit , a speedy and a gentle denial ( when the case will not bear it ) is the most acceptable to suitors ; they will gaine by their dispatch ; whereas else they shall spend their time and money in attending ; and you will gaine in the ease you will find being rid of their importunity . but if they obtain what they reasonably desired , they will be doubly bound to you for your favour ; bis dat qui cito dat , it multiplies the courtesie , to do it with good words , and speedily . that you may be able to do this with the best advantage , my humble advice is this ; when suitors come unto you , set apart a certain hour in a day to give them audience : if the business be light and easie , it may by word only be delivered , and in a word be answered ; but if it be either of weight , or of difficulty , direct the suitor to commit it to writing ( if it be not so already ) and then direct him to attend for his answer at a set-time to be appointed , which would constantly be observed , unless some matter of great moment do interrupt it ; when you have received the petitions ( and it will please the petitioners well , to have access unto you to deliver them into your own hand ) let your secretary first read them , and draw lines under the material parts thereof ( for the matter , for the most part , lies in a narrow room . ) the petitions being thus prepared , do you constantly set apart an hour in a day to peruse those petitions , and after you have ranked them into several files , according to the subject matter , make choice of two or three friends , whose judgments and fidelities you believe you may trust in a business of that nature , and recommend it to one or more of them , to inform you of their opinions , and of their reasons for or against the granting of it ; and if the matter be of great weight indeed , then it would not be amiss to send several copies of the same petition to several of your friends , the one not knowing what the other doth , and desire them to return their answers to you by a certain time , to be prefixed in writing ; so shall you receive an impartial answer , and by comparing the one with the other , you shall both discern the abilities and faithfulness of your friends , and be able to give a judgment thereupon as an oracle . but by no means trust not your own judgment alone , for no man is omniscient ; nor trust only to your servants , who may mislead you , or misinform you ; by which they may perhaps gain a few crowns , but the reproach will lie upon yourself , if it be not rightly carried . for the facilitating of your dispatches , my advice is further , that you divide all the petitions , and the matters therein contained , under several heads , which , i conceive , may be fitly ranked into these eight sorts . . matters that concern religion , and the church and church-men . . matters concerning justice , and the laws , and the professors thereof . . councellors , and the councel-table , and the great offices , and officers of the kingdom . . forrain negotiations and embassies . . peace and war , both forrain and civil , and in that the navy and forts , and what belongs to them . . trade at home and abroad . . colonies , or forrain plantations . . the court , and curiality . and whatsoever will not fall naturally under one of these heads , believe me , sir , will not be worthy of your thoughts , in this capacity we now speak of . and of these sorts , i warrant you , you will find enough to keep you in business . i begin with the first , which concerns religion . . in the first place , be you your self rightly perswaded and setled in the true protestant religion , professed by the church of england ; which doubtless is as sound and orthodox in the doctrine thereof , as any christian church in the world. . in this you need not be a monitor to your gracious master the king ; the chiefest of his imperial titles , is , to be the defender of the faith ; and his learning is eminent , not only above other princes , but above other men ; be but his scholar , and you are safe in that . . for the discipline of the church of england by bishops , &c. i will not positively say , as some do , that it 's jure divino ; but this i say , and think , ex animo , that it is the nearest to apostolical truth ; and confidently i shall say , it is fittest for monarchy , of all others : i will use no other authority to you , than that excellent proclamation set out by the king himself in the first year of his reign , and annexed before the book of common-prayer , which i desire you to read ; and if at any time there shall be the least motion made for innovation , to put the king in mind to read it himself : it is most dangerous in a state , to give ear to the least alterations in government . . take heed , i beseech you , that you be not an instrument to countenance the romish catholicks ; i cannot flatter , the world believes that some near in blood to you are too much of that perswasion ; you must use them with fit respects , according to the bonds of nature ; but you are of kin , and so a friend to their persons , not to their errours . . the arch-bishops and bishops , next under the king , have the government of the church , and ecclesiastical affairs ; be not you the mean to prefer any to those places , for any by-respects ; but only for their learning , gravity and worth ; their lives and doctrine ought to be exemplary . . for deans , and canons or prebends of cathedral churches : in their first institution they were of great use in the church ; they were not only to be of councel with the bishop for his revenue , but chiefly for his government in causes ecclesiastical ; use your best means to preferre such to those places who are fit for that purpose , men eminent for their learning , piety , and discretion , and put the king often in minde thereof ; and let them be reduced again to their first institution . . you will be often sollicited , and parhaps importuned to preferre scholars to church-living ; you may further your friends in that way , caeteris paribus ; otherwise , remember , i pray , that these are not places meerly of favour , the charge of souls lies upon them ; the greatest account whereof will be required at their own hands ; but they will share deeply in their faults , who are the instruments of their preferment . . besides the romish catholicks , there is a generation of sectaries , the anabaptists , brownists , and others , of their kinds ; they have been several times very busie in this kingdom , under the colour of zeal for reformation of religion : the king your master knows their disposion very well ; a small touch will put him in mind of them ; he had experience of them in scotland , i hope he will beware of them in england ; a little countenance or connivency sets them on fire . . order and decent ceremonies in the church , are not only comely , but commendable ; but there must be great care , not to introduce innovations , they will quickly prove scandalous , men are naturally over-prone to suspition ; the true protestant religion is seated in the golden mean ; the enemies unto her , are the extreams on either hand . . the persons of church-men are to be had in due respect , for their works sake , and protected from scorn ; but if a clergie man be loose and scandalous , he must not be patronized nor winck't at , the example of a few such , corrupt many . . great care must be takan , that the patrimony of the church be not sacrilegiously diverted to lay uses : his majesty in his time hath religiously stopped a leak that did much harm , and would else have done more . be sure , as much as in you lies , stop the like upon all occasions . . colledges and schools of learning are to be cherished , and encouraged , there to breed up a new stock to furnish the church and common-wealth , when the old store are transplanted . this kingdom hath in latter ages been famous for good literature ; and if preferment shall attend the deservers , there will not want supplies . next to religion , let your care be to promote justice . by justice and mercy is the kings throne established . . let the rule of justice be the laws of the land , an impartial arbiter between the king and his people , and between one subject and another : i shall not speak superlatively of them , lest i be suspected of partiality , in regard of my own profession ; but this i may truly say , they are second to none in the christian world . . and , as far as it may lie in you , let no arbitrary power be intruded ; the people of this kingdome love the laws thereof , and nothing will oblige them more , then a confidence of the free enjoying of them ; what the nobles , upon an occasion , once said in parliament , nolumus leges angliae mutari , is imprinted in the hearts of all the people . . but because the life of the lawes lies in the due execution and administration of them , let your eye be , in the first place , upon the choice of good judges ; these properties had they need to be furnished with ; to be learned in their profession , patient in hearing , prudent in governing , powerful in their elocution to perswade and satisfie both the parties and hearers , just in their judgement : and , to sum up all , they must have these three attributes ; they must be men of courage , fearing god , and hating covetousness ; an ignorant man cannot , a coward dares not be a good judge . . by no means be you perswaded to interpose your self , either by word or letter , in any cause depending , or like to be depending in any court of justice , nor suffer any other great man to do it where you can hinder it , and by all means disswade the king himself from it , upon the importunity of any for themselves or their friends ; if it should prevail , it perverts justice ; but if the judge be so just , and of such courage ( as he ought to be ) as not to be inclined thereby , yet it alwayes leaves a taint of suspition behind it ; judges must be as chaste as caesars wife , neither to be , nor to be suspected to be , unjust ; and sir , the honour of the judges in their judicature , is the kings honour , whose person they represent . . there is great use of the service of the judges in their circuits , which are twice in the year held throughout the kingdome ; the trial of a few causes between party and party , or delivering of the gaols in the several counties , are of great use for the expedition of justice ; yet they are of much more use for the government of the counties through which they passe , if that were well thought upon . . for if they had instructions to that purpose , they might be the best intelligencers to the king of the true state of his whole kingdom of the disposition of the people , of their inclinations , of their intentions and motions ; which are necessary to be truly understood . . to this end , i could wish , that against every circuit , all the judges should , sometimes by the king himself , and sometimes by the lord chancellor or lord keeper , in the kings name , receive a charge of those things which the present times did much require : and at their return , should deliver a faithful account thereof , and how they found and left the counties through which they passed , and in which they kept their assizes . . and that they might the better perform this work , which might be of great importance , it will not be amiss that sometimes this charge be publick , as it useth to be in the star-chamber at the end of the terms next before the circuit begins , where the kings care of justice , and the good of his people , may be published ; and that sometimes also it may be private , to communicate to the judges some things not so fit to be publickly delivered . . i could wish also that the judges were directed to make a little longer stay in a place than usually they do ; a day more in a county would be a very good addition ( although their wages for their circuits were increased in proportion ) it would stand better with the gravity of their imployment ; whereas now they are sometimes enforced to rise over-early , and to sit over-late , for the dispatch of their business , to the extraordinary trouble of themselves , and of the people , their times indeed not being horae juridicae ; and , which is the main , they would have the more leisure to inform themselves ( quasi aliud agentes ) of the true estate of the countrey . . the attendance of the sheriffs of the counties , accompanied with the principal gentlemen , in a comely , not a costly equipage , upon the judges of assize at their coming to the place of their sitting , and at their going out , is not only a civility , but of use also : it raiseth a reverence to the persons and places of the judges , who coming from the king himself on so great an errand , should not be neglected . . if any sue to be made a judge , for my own part , i should suspect him ; but if either directly or indirectly he should bargain for a place of judicature , let him be rejected with shame ; uendere jure potest , emerat ille prius . . when the place of a chief judge of a court becomes vacant , a puisne judge of that court , or of another court , who hath approved himself fit and deserving , would be sometimes preferred , it would be a good encouragement for him , and for others , by his example . . next to the judge , there would be care used in the choice of such as are called to the degree of serjeants at law ( for such they must be first , before they be made judges ) none should be made serjeants , but such as probably might be held fit to be judges afterwards , when the experience at the bar hath fitted them for the bench : therefore by all means cry down that unworthy course of late times used , that they should pay moneys for it : it may satisfie some courtiers , but it is no honour to the person so preferred , nor to the king who thus prefers them . . for the kings councel at the law , especially his attorney and sollicitor general , i need say nothing ; their continual use for the kings service , not only for his revenue , but for all the parts of his government , will put the king , and those who love his service , in mind to make choice of men every way fit and able for that employment ; they had need to be learned in their profession , and not ignorant in other things ; and to be dextrous in those affairs whereof the dispatch is committed to them . . the kings attorney of the court of wards is in the true quality of the judges ; therefore what hath been observed already of judges , which are intended principally of the three great courts of law at westminster , may be applied to the choice of the attorney of this court. . the like for the attorney of the dutchy of lancaster , who partakes of both qualities , partly of a judge in that court , and partly of an attorney general , for so much as concerns the proper revenue of the dutchy . . i must not sorget the judges of the four circuits in the twelve shires of wales , who , although they are not of the first magnitude , nor need be of the degree of the coyfe ( only the chief justice of chester , who is one of their number , is so ) yet are they considerable in the choice of them , by the same rules as the other judges are ; and they sometimes are , and fitly may be , transplanted into the higher courts . . there are many courts ( as you see ) some superior , some provincial , and some of a lower orb : it were to be wished , and is fit to be so ordered , that every of them keep themselves within their proper spheres . the harmony of justice is then the sweetest , when there is no jarring about the jurisdiction of the courts , which methinks wisdom cannot much differ upon , their true bounds being for the most part so clearly known . . having said thus much of the judges , somewhat will be fit to put you in mind concerning the principal ministers of justice ; and in the first , of the high-sheriffs of the counties , which have been very ancient in this kingdom , i am sure before the conquest : the choice of them i commend to your care , and that at fit times you put the king in mind thereof ; that as near as may be , they be such as are fit for those places , for they are of great trust and power ; the pesse comitatus , the power of the whole county , being legally committed unto him . . therefore it is agreeable with the intention of the law , that the choice of them should be by the commendation of the great officers of the kingdom , and by the advice of the judges , who are presumed to be well read in the condition of the gentry of the whole kingdom : and although the king may do it of himself , yet the old way is the good way . . but i utterly condemn the practice of the latter times , which hath lately crept into the court ( at the back-stairs ) that some who are prick'd for sheriffs , and were fit , should get out of the bill , and others who were neither thought upon , nor worthy to be , should be nominated , and both for money . . i must not omit to put you in mind of the lords lieutenants , and deputy lieutenants , of the counties : their proper use is for ordering the military affairs , in order to an invasion from abroad , or a rebellion or sedition at home ; good choice should be made of them , and prudent instructions given to them , and as little of the arbitrary power as may be left unto them ; and that the muster-masters , and other officers under them , incroach not upon the subject ; that will detract much from the kings service . . the justices of peace are of great use ; anciently there were conservators of the peace , these are the same , saving that several acts of parliament have altered their denomination , and enlarged their jurisdiction in many particulars : the fitter they are for the peace of the kingdom , the more heed ought to be taken in the choice of them . . but negatively , this i shall be bold to say , that none should be put into either of those commissions with an eye of favour to their persons , to give them countenance or reputation in the places where they live , but for the kings service sake ; nor any put out for the dis-favour of any great man : it hath been too often used , and hath been no good service to the king. . a word more , if you please , to give me leave , for the true rules of the moderation of justice on the kings part . the execution of justice is committed to his judges ; which seemeth tobe the severer part ; but the milder part , which is mercy , is wholly left in the kings immediate hand : and justice and mercy are the true supporters of his royal throne . . if the king shall be wholly intent upon justice , it may appear with an over-rigid aspect ; but if he shall be over remiss and easie , it draweth upon him contempt . examples of justice must be made sometimes for terrour to some ; examples of mercy , sometimes , for comfort to others : the one procures fear , and the other love . a king must be both feared and loved , else he is lost . . the ordinary courts of justice i have spoken of , and of their judges and judicature , i shall put you in mind of some things , touching the high court of parliament in england , which is superlative ; and therefore it will behove me to speak the more warily thereof . . for the institution of it , it is very antient in this kingdom : it consisteth of the two houses , of peers and commons , as the members , and of the kings majesty , as the head of that great body ; by the kings authority alone , and by his writs , they are assembled , and by him alone are they prorogued and dissolved ; but each house may adjourn it self . . they being thus assembled , are more properly a councel to the king , the great councel of the kingdom , to advise his majesty in those things of weight and difficulty , which concern both the king and people , then a court. . no new laws can be made , nor old laws abrogated or altered , but by common consent in parliament , where bills are prepared and presented to the two houses , and then delivered , but nothing is concluded but by the kings royal assent ; they are but embryos , 't is he giveth life unto them . . yet the house of peers hath a power of judicature in some cases ; properly , to examine , and then to affirm ; or if there be cause to reverse the judgments which have been given in the court of kings bench , ( which is the court of highest jurisdiction in the kingdom , for ordinary judicature ) but in these cases it must be done by writ of error in parliamento : and thus the rule of their proceedings is not absoluta potestas , as in making new laws ( in that conjuncture as before ) but limitata potestas ; according to the known laws of the land. . but the house of commons have only power to censure the members of their own house , in point of election or misdemeanors , in or towards that house ; and have not , nor ever had power , so much as to administer an oath to prepare a judgment . . the true use of parliaments in this kingdom is very excellent ; and they would be often called , as the affairs of the kingdom shall require ; and continued as long as is necessary , and no longer ; for then they be but burthens to the people , by reason of the priviledges justly due to the members of the two houses and their attendants , which their just rights and priviledges are religiously to be observed and maintained ; but if they should be unjustly enlarged beyond their true bounds , they might lessen the just power of the crown , it borders so near upon popularity . . all this while i have spoken concerning the common laws of england , generally , and properly so called , because it is most general and common to almost all cases and causes , both civil and criminal : but there is also another law , which is called the civil or ecclesiastical law , which is confined to some few heads ; and that is not to be neglected : and although i am a professor of the common law , yet am i so much a lover of truth and of learning , and of my native countrey , that i do heartily perswade that the professors of that law , called civilians ( because the civil law is their guide ) should not be discountenanced nor discouraged ; else whensoever we shall have ought to do with any forreign king or state , we shall be at a miserable loss , for want of learned menin that profession . iii. i come now to the consideration of those things which concern councellors of state , the council table , and the great offices and officers of the kingdom , which are those who for the most part furnish out the honourable board . . of councellors , there are two sorts : the first , consiliarii nati , ( as i may term them ) such are the prince of wales , and others of the kings sons ( when he hath more ; ) of these i speak not , for they are naturally born to be councellors to the king , to learn the art of governing betimes . . but the ordinary sort of councellors are such as the king , out of a due consideration of their worth and abilities , and withal , of their fidelities to his person and his crown , calleth to be of councel with him , in his ordinary government . and the councel table is so called from the place where they ordinarily assemble and sit together ; and their oath is the only ceremony used , to make them such , which is solemnly given unto them , at their first admission : these honourable persons are from thenceforth of that board and body : they cannot come until they be thus called , and the king at his pleasure may spare their attendance ; and he may dispence with their presence there , which at their own pleasure they may not do . . this being the quality of their service , you will easily judge what care the king should use , in his choice of them ; it behoveth that they be persons of great trust and fidelity , and also of wisdom and judgment , who shall thus assist in bearing up the kings throne ; and of known experience in publick affairs . . yet it may not be unfit to call some of young years , to train them up in that trade , and so fit them for those weighty affairs , against the time of greater maturity ; and some also for the honour of their persons ; but these two sorts not to be tied to so strict attendance , as the others from whom the present dispatch of business is expected . . i could wish that their number might not be so over great , the persons of the councellors would be the more venerable . and i know that queen elizabeth , in whose time i had the happiness to be born , and to live many years , was not so much observed , for having a numerous , as a wise councel . . the duty of a privy councellor to a king , i conceive , is , not only to attend the councel board , at the times appointed , and there to consult of what shall be propounded ; but also to study those things which may advance the kings honour and safety , and the good of the kingdom , and to communicate the same to the king , or to his fellow councellors , as there shall be occasion . and this , sir , will concern you more then others , by how much you have a larger share in his affections . . and one thing i shall be bold to desire you to recommend to his majesty : that when any new thing shall be propounded to be taken into consideration , that no councellor should suddenly deliver any positive opinion thereof ; it is not so easie with all men to retract their opinions , although there shall be cause for it : but only to hear it , and at the most but to break it , at first , that it may be the better understood against the next meeting . . when any matter of weight hath been debated , and seemeth to be ready for a resolution ; i wish it may not be at that sitting concluded ( unless the necessity of the time press it ) lest upon second cogitations there should be cause to alter , which is not for the gravity and honour of that board . . i wish also that the king would be pleased sometimes to be present at that board , it adds a majesty to it : and yet not to be too frequently there , that would render it less esteemed , when it is become common ; besides , it may sometimes make the councellors not to be so free in their debates in his presence , as they would be in his absence . . besides the giving of councel , the councellors are bound by their duties , ex vi termini , as well as by their oaths , to keep councel ; therefore are they called , de privato consilio regis , & à secretioribus consiliis regis . . one thing i add in the negative , which is not fit for that board , the entertaining of private causes , of meum & tuum , those should be left to the ordinary course and courts of justice . . as there is great care to be used for the councellors themselves to be chosen , so there is of the clerks of the councel also , for the secreting of their consultations ; and methinks it were fit that his majesty be speedily moved to give a strict charge , and to bind it with a solemn order ( if it be not already so done ) that no copies of the orders of that table be delivered out by the clerks of the councel , but by the order of the board ; nor any not being a councellor , or a clerk of the councel , or his clerk , to have access to the councel-books : and to that purpose , that the servants attending the clerks of the councel , be bound to secresie as well as their masters . . for the great offices and officers of the kingdom , i shall say little ; for the most of them are such , as cannot well be severed from the councellorship ; and therefore the same rule is to be observed for both , in the choice of them ; in the general , only , i advise this , let them be set in those places for which they are probably the most fit . . but in the quality of the persons , i conceive it will be most convenient , to have some of every sort , ( as in the time of queen elizabeth it was ) one bishop at the least , in respect of questions touching religion , or church government ; one or more skilled in the laws ; some for martial affairs ; and some for i orreign affairs : by this mixture , one will help another , in all things that shall there happen to be moved ; but if that should fail , it will be a safe way , to consult with some other able persons well versed in that point which is the subject of their consultation , which yet may be done so warily , as may not discover them in end therein . iv. in the next place , i shall put you in mind of forreign negotiations and embassies , to or with forreign princes or states , wherein i shall be little able to serve you . . only , i will tell you what was the course in the happy dayes of queen elizabeth , whom it will be no dis-reputation to follow : she did vary , according to the nature of the employment , the quality of the persons she employed ; which is a good rule to go by . . if it were an embassy of gratulation or ceremony ( which must not be neglected ) choice was made of some noble person , eminent in place , and able in purse , and he would take it as a mark of favour , and discharge it without any great burthen to the queens coffers , for his own honours sake . . but if it were an embassy of weight , concerning affairs of state , choice was made of some sad person of known judgment , wisdom and experience , and not of a young man , nor wayed in state-matters : nor of a meer formal man , whatsoever his title or outside were . . yet in company of such , some young towardly noblemen or gentleman were usually sent also , as assistance or attendants , according to the quality of the persons ; who might be thereby perpared and sitted for the like imployment , by this means , at another turn . . in their company were always sent some garve and sad men , skilful in the civil laws , and some in the languages , and some who had been formerly conversant in the courts of those princes , and knew their ways ; these were assistance in private , but not trusted to manage the affairs in publick ; that would decract from the honour of the principal embassadour . . if the negotiation were about merchants affaires , then were the persons imployed for the most part doctors of the civil law , assisted with some other discreet men ; and in such the charge was ordinarily defrayed , by the company or society of merchants , whom the negotiation concerneth . . if legier embassadors or agents were sent to remain in or neer the courts of those princes or states ( as it was ever held fit , to observe the motions , and to hold correspondency with them , upon all occasions ) such were made choice of , as were presumed to be vigilant , industrious , and discreet men , and had the language of the place whither they were sent ; and with these were sent such as were hopeful to be worthy of the like imployment at another time . . their care was , to give true and timely intelligence of all occurrences , either to the queen her self , or the secretaries of state , unto whom they had their immediate relation . . their charge was alwayes born by the queen , duly paid out of the exchequer , in such proportion , as , according to their qualities and places , might give them an honourable subsistence there : but for the reward of their service , they were to expect it upon their return by some such preferment as might be worthy of them , and yet be little burthen to the queens coffers or revenues . . at their going forth , they had their general instructions in writing , which might be communicated to the ministers of that state , whither they were sent ; and they had also private instructions upon particular occasions ; and at their return , they did always render an account of some things to the queen her self , of some things to the body of the councel , and of some others to the secretaries of state ; who made use of them , or communicated them , as there was cause . . in those days there was a constant course held , that by the advice of the secretaries , or some principal councellors , there were always sent forth , into several parts beyond the seas , some young men , of whom good hopes were conceived of their towardliness , to be trained up , and made fit for such publick imployment , and to learn the languages . this was at the charge of the queen , which was not much , for they travelled but as private gentlemen ; and as by their industry their deserts did appear , so were they farther imployed or rewarded . this course i shall recommend unto you , to breed up a nursery of such publick plants . v. for peace and war , and those things which appertain to either ; i in my own disposition and profession am wholly for peace , if it please god to bless the kingdome therewith , as for many years past he hath done : and , . i presume i shall not need to perswade you to the advancing of it ; nor shall you need to perswade the king your master therein , for that he hath hitherto been another solomon , in this our israel , and the motto which he hath chosen ( beati pacifici ) shews his own judgement : but he must use the means to preserve it ; else such a jewel may be lost . . god is the god of peace ( it is one of his attributes ) therefore by him alone we must pray , and hope to continue it : there is the foundation . . and the king must not neglect the just ways for it . justice is the best protector of it at home , and providence for war is the best prevention of it from abroad . . wars are either forreign or civil ; for the forreign war by the king upon some neighbour nation , i hope we are secure ; the king , in his pious and just disposition , is not inclinable thereunto , his empire is long enough : bounded with the ocean , as if the very scituation thereof had taught the king and people to setup their rests , and say , ne plus ultra . . and for a war of invasion from abroad ; only we must not be over-secure ; that 's the way to invite it . . but if we be always prepared to receive an enemy , if the ambition or malice of any should incite him , we may be very confident we shall long live in peace and quietness , without any attempts upon us . . to make the preparations hereunto the more assured : in the first place , i will recommend unto you the care of our out-work , the navy royal and shipping of our kingdome , which are the walls thereof : and every great ship is an impregnable fort , and our many safe and commodious ports and havens , in every of these kingdoms , are as the redoubts to secure them . . for the body of the ships , no nation of the world doth equal england for the oaken timber wherewith to build them ; and we need not borrow of any other , iron for spikes , or nails to fasten them together ; but there must be a great deal of providence used , that our ship-timber be not unnecessarily wasted . . but for tackling , as sails and cordage , we are beholden to our neighbours for them , and do buy them for our money ; that must be foreseen , and laid up in store against a time of need , and not sought for when we are to use them : but we are much too blame that we make them not at home , only pitch and tar we have not of our own . . for the true art of building of ships for burthen and service both , no nation in the world exceeds us : ship-wrights , and all other artisans belonging to that trade , must be cherished and encouraged . . powder and ammunition of all sorts we can have at home , and in exchange for other home-commodities , we may be plentifully supplied from our neighbours , which must not be neglected . . with mariners and seamen this kingdom is plentifully furnished , the constant trade of merchandizing will furnish us at a need ; and navigable rivers will repair the store , both to the navy royal , and to the merchants , if they be set on work , and well payed for their labour . . sea-captains , and commanders , and other officers , must be encouraged , and rise by degrees , as their fidelity and industry deserve it . . our strict league of amity and alliance with our near neighbour ; the hollanders , is a mutual strength to both ; the shipping of both in conjuncture , being so powerful , by gods blessing , as no forrainers will venture upon : this league and friendship must inviolably be observed . . from scotland we have had in sormer times some alarms and inro esinto the northern parts of this kingdom ; but that happy union of both kingdoms under one sovereign , our gracions king , i hope , hath taken away all occasions of breach between the two nations ; let not the cause arise from england , and i hope the scots will not adventure it ; or if they do , i hope they will find , that although to our king they were his first-born subjects , yet to england belongs the birth-right : but this should not be any cause to offer any injury to them , nor to suffer any from them . . there remains then no danger , by the blessing of god , but a civil war , from which , god of his mercy defend us , as that which is most desperate of all others . the kings wisdom and justice must prevent it , if it may be ; or if it should happen , quod absit , he must quench that wild-fire with all the diligence that possibly can be . . competition to the crown , there is none , nor can be , therefore it must be a fire within the bowels , or nothing , the cures whereof are these , remedium praeveniens , which is the best physick , either to a natural body , or to a state , by just and equal government to take away the occasion ; and remedium puniens , if the other prevail not : the service and vigilancy of the deputy lieutenants in every county , and of the high sheriff , will contribute much herein to our security . . but if that should not prevail , by a wise and timous inquisition , the peccant humours and humorists must be discovered , and purged , or cut off ; mercy in such a case , in a king , is true cruelty . . yet if the heads of the tribes can be taken off , and the mis-led multitude will see their error , and return to their obedience , such an extent of mercy is both honourable and profitable . . a king , against a storm , must fore-see , to have a convenient stock of treasure ; and neither be without money , which is the sinewes of war , nor to depend upon the courtesie of others , which may fail at a pinch . . he must also have a magazine of all sorts , which must be had from forreign parts , or provided at home , and to commit them to several places , under the custody of trusty and faithful ministers and officers , if it be possible . . he must make choice of expert and able commanders to conduct and manage the war , either against a forreign invasion , or a home rebellion ; which must not be young and giddy , which dare , not only to fight , but to swear , and drink , and curse ; neither fit to govern others , nor able to govern themselves . . let not such be discouraged , if they deserve well , by mis-information , or for the satisfying the humors or ambition of others , perhaps , out of envy , perhaps , out of treachery , or other sinister ends : a steddy hand , in governing of military affairs , is more requisite then in times of peace , because an error committed in war , may , perhaps , prove irremediable . . if god shall bless these endeavours , and the king return to his own house in peace , when a civil war shall be at an end , those who have been found faithful in the land must be regarded , yea , and rewarded also ; the traiterous , or treacherous , who have mis-led others , severely punish'd , and the neutrals , and false-hearted friends and followers , who have started aside like a broken bowe , be noted , carbone nigro ; and so i shall leave them , and this part of the work . vi. i come to the sixth part , which is trade ; and that is either at home or abroad . and i begin with that which is at home , which enableth the subject of the kingdom to live , and layeth a foundation to a forreign trade by traffique with others , which enableth them to live plentifully and happily . . for the home-trade , i first commend unto your consideration the encouragement of tillage , which will enable the kingdom for corn for the natives , and to spare for exportation : and i myself have known , more than once , when , in times of dearth in queen elizabeths dayes , it drained much coyn of the kingdom , to furnish us with corn from forrain parts . . good husbands will find the means , by good husbandry , to improve their lands , by lime , chalk , marl , or sea-sand , where it can be had : but it will not be amiss , that they be put in mind thereof , and encouraged in their industries . . planting of orchards in a soyl and air fit for them , is very prositable , as well as pleasurable : sider and perry are notable beverage in sea-voyages . . gardens are also very profitable , if planted with artichokes , roots , and such other things as are fit for food ; whence they be called kitchin-gardens , and that very properly . . the planting of hop-yards , sowing of woad , and rape-seed , are sound very profitable , for the planters , in places apt for them , and consequently profitable for the kingdom , which for divers years was furnished with them from beyond the seas . . the planting and preserving of woods , especially of timber , is not only profitable , but commendable , therewith to furnish posterity , both for building and shipping . . the kingdom would be much improved , by draining of drowned lands , and gaining that in from the over-flowing of salt waters and the sea , and from fresh waters also . . and many of those grounds would be exceeding fit for daries , which , being well houswived , are exceeding commodious . . much good land might be gained from forrests and chases , more remote from the kings access , and from other commonable places , so as always there be a due care taken , that the poor commoners have no injury by such improvement . . the making of navigable rivers should be profitable ; they would be as so many in-draughts of wealth , by conveying the commodities with ease from place to place . . the planting of hemp and flax would be an unknown advantage to the kingdom , many places therein being as apt for it , as any forreign parts . . but add hereunto , that it be converted into linnen-cloth , or cordage , the commodity thereof will be multiplied . . so it is of the wools and leather of the kingdom , if they be converted into manufactures . . our english dames are much given to the wearing of costly laces ; and , if they be brought from italy , or france , or flanders , they are in great esteem : whereas , if the like lace were made by the english , so much thred as would make a yard of lace being put into that manufacture , would be five times , or perhaps , ten , or twenty times the value . . the breeding of cattel is of much profit , especially the breed of horses , in many places , not only for travel , but for the great saddle ; the english horse , for strength , and courage , and swiftness together , not being inferiour to the horses of any other kingdom . . the minerals of the kingdom , of lead , iron , copper , and tynn , especially , are of great value , and set many able-bodied subjects on work ; it were great pity they should not be industriously followed . . but of all minerals , there is none like to that of fishing , upon the coasts of these kingdoms , and the seas belonging to them : our neighbours , within half a days sail of us , with a good wind , can shew us the use and value thereof ; and , doubtless , there is sea-room enough for both nations , without offending one another ; and it would exceedingly support the navie . . the realm is much enriched , of late years , by the trade of merchandize which the english drive in forreign parts ; and , if it be wisely managed , it must of necessity very much increase the wealth thereof , care being taken , that the exportation exceed in value the importation , for then the ballance of trade must of necessity be returned into coin , or bullion . . this would easily be effected , if the merchants were perswaded , or compelled , to make their returns in solid commodities , and not too much thereof invanity , tending to excess . . but especially care must be taken , that monopolies , which are the cankers of all trading , be not admitted , under specious colour of publick good . . to put all these into a regulation , if a constant commission , to men of honesty and understanding , were granted , and well pursued , to give order for the managing of these things , both at home and abroad to the best advantage ; and that this commission were subordinate to the councel-board ; it is conceived , it would produce notable effects . vii . the next thing is that of colonies and forreign plantations , which are very necessary , as out-lets , to a populous nation , and may be profitable also , if they be managed in a discreet way . . first , in the choice of the place , which requireth many circumstances ; as , the scituation , neer the sea , for the commodiousness of an intercourse with england ; the temper of the air and climate , as may best agree with the bodies of the english , rather inclining to cold , then heat ; that it be stored with woods , mines , and fruits ; which are naturally in the place ; that the soil be such as will probably be fruitful for corn , and other conveniencies , and for breeding of cattel ; that it hath rivers , both for passage between place & place , and for fishing also , if it may be ; that the natives be not so many , but that there may be elbow-room enough for them , and for the adventives also : all which are likely to be found in the west-indies . . it would be also such as is not already planted by the subjects of any christian prince , or state , nor over-neerly neighbouring to their plantation . and it would be more convenient , to be chosen by some of those gentlemen or merchants which move first in the work , then to be designed unto them from the king ; for it must proceed from the option of the people , else it sounds like an exile ; so the colonies must be raised by the leave of the king , and not by his command . . after the place is made choice of , the first step must be , to make choice of a fit governor , who , although he have not the name , yet he must have the power of a vice-roy ; and if the person who principally moved in the work , be not fit for that trust , yet he must not be excluded from command ; but then his defect in the governing part must be supplied by such assistants as shall be joyned with him , or as he shall very well approve of . . as at their setting out they must have their commission , or letters pattents from the king , that so they may acknowledge their dependency upon the crown of england , and under his protection ; so they must receive some general instructions how to dispose of themselves when they come there , which must be in nature of laws unto them . . but the general law by which they must be guided and governed , must be the common law of england ; and to that end it will be fit , that some man , reasonably studied in the law , and otherwise qualified for such a purpose , be perswaded ( if not thereunto inclined of himself , which were the best ) to go thither as a chancellor amongst them at first ; and when the plantations were more setled , then to have courts of justice there , as in england . . at the first planting , or as soon after as they can , they must make themselves defensible , both against the natives , and against strangers ; and to that purpose , they must have the assistance of some able military man , and convenient arms and ammunition for their defence . . for the discipline of the church in those parts , it will be necessary , that it agree with that which is setled in england ; else it will make a schism , and a rent , in christs coat , which must be seamless ; and , to that purpose , it will be fit , that by the kings supream power in causes ecclesiastical , within all his dominions , they be subordinate under some bishop and bishoprick of this realm . . for the better defence against a common enemy , i think it would be best , that forreign plantations should be placed in one continent , and neer together ; whereas , if they be too remote the one from the other , they will be dis-united , and so the weaker . . they must provide themselves of houses , such as , for the present , they can , and , at more leisure , such as may be better ; and they first must plant for corn and cattel , &c. for food and necessary sustenance ; and after , they may enlarge themselves for those things which may be for profit and pleasure , and to traffique withal also . . woods for shipping , in the first place , may doubtless be there had , and minerals there found , perhaps of the richest ; howsoever , the mines out of the fruits of the earth , and seas , and waters adjoyning , may be found in abundance . . in a short time they may build vessels and ships also , for traffique with the parts near adjoyning , and with england also , from whence they may be furnished with such things as they may want , and in exchange or barter , send from thence other things , with which quickly , either by nature , or art , they may abound . . but these things would , by all means , be prevented ; that no known bankrupt , for shelter ; nor known murderer , or other wicked person , to avoid the law ; nor known heretick , or schismatick , be suffered to go into those countreys ; or , if they do creep in there , not to be harboured , or continued : else , the place would receive them naught , and return them into england , upon all occasions , worse . . that no merchant , under colour of driving a trade thither , or from thence , be suffered to work upon their necessiries . . and that to regulate all these inconveniencies , which will insensibly grow upon them , that the king be pleased to erect a subordinate councel in england , whose care and charge shall be , to advise , and put in execution all things which shall be found fit for the good of those new plantations ; who , upon all occasions shall give an account of their proceedings to the king , or to the council-board , and from them receive such directions as may best agree with the government of that place . . that the kings reasonable profit be not neglected , partly , upon reservation of moderate rents and services ; and partly , upon customes , and , partly upon importation and exportation of merchandize : which , for a convenient time after the plantation begin , would be very easie , to encourage the work ; but , after it is well setled , may be raised to a considerable proportion worthy the acceptation . viii . i come to the last of those things which i propounded , which is , the court , and curiality . the other did properly concern the king , in his royal capacity , as pater patriae ; this more properly , as pater familias : and herein , . i shall , in a word , and but in a word only , put you in mind , that the king in his own person , both in respect of his houshold , or court , and in respect of his whole kingdom , ( for a little kingdom is but as a great houshold ; and a great houshold , as a little kingdom ) must be exemplary , regis ad exemplum , &c. but for this , god be praised , our charge is easie ; for your gracious master , for his learning and piety , justice and bounty , may be , and is , not only a president to his own subjects , but to forreign princes also ; yet he is still but a man , and seasonable memento's may be useful ; and , being discreetly used , cannot but take well with him . . but your greatest care must be , that the great men of his court ( for you must give me leave to be plain with you , for so is your injunction laid upon me ) your self in the first place , who is first in the eye of all men , give no just cause of scandal , either by light , or vain , or by oppressive carriage . . the great officers of the kings houshold had need be both discreet and provident persons , both for his honour , and for his thrift ; they must look both ways , else they are but half-sighted : yet in the choice of them , there is more latitude left to affection , then in the choice of councellors , and of the great officers of state , before touched , which must always be made choice of meerly out of judgment , for in them the publick hath a great interest . . for the other ministerial officers in court ( as , for distinction sake , they may be termed ) there must be also an eye unto them , and upon them ; they have usually risen in the houshold by degrees , and it is a noble way , to encourage faithful service : but the king must not bind himself to a necessity herein , for then it will be held ex debito ; neither must he alter it , without an apparent ●●●use for it : but to displace any who are in , upon displeasure , which for the most part happeneth upon information of some great man , is , by all means , to be avoided , unless there be a manifest cause for it . . in these things you may sometimes interpose , to do just and good offices ; but for the general , i should rather advise , meddle little , but leave the ordering of those houshold affairs to the white-staffs which are those honourable persons , to whom it properly belongeth , to be answerable to the king for it , and to those other officers of the green-cloth , who are subordinate to them , as a kind of councel , and a court of justice also . . yet for the green-cloth law , ( take it in the largest sence ) i have no opinion of it , further then it is regulated by the just rules of the common-laws of england . . towards the support of his majesties own table , and of the princes , and of his necessary officers , his majesty hath a good help by purveyance , which justly is due unto him ; and , if justly used , is no great burthen to the subject ; but by the purveyors , and other under-officers , is many times abused . in many parts of the kingdom , i think , it is already reduced to a certainty in money ; and if it be indifferently and discreetly manag'd , it would be no hard matter to settle it so throughout the whole kingdom ; yet to be renewed from time to time ; for that will be the best , and safest , both for the king , and people . . the king must be put in mind , to preserve the revenues of his crown , both certain , and casual , without diminution , and to lay up treasure in store against a time of extremity ; empty coffers give an ill sound , and make the people many times forget their duty , thinking that the king must be beholden to them for his supplies . . i shall by no means think it fit , that he reward any of his servants with the benefit of forfeitures , either by fines in the court of star-chamber , or high commission court , or other courts of justice , or that they should be farmed out , or bestowed upon any , so much as by promise , before judgment given ; it would neither be profitable , nor honourable . . besides matters of serious consideration , in the court of princes , there must be times for pastimes and disports : when there is a queen , and ladies of honour attending her , there must sometimes be masques , and revels , and enterludes ; and when there is no queen , or princess , as now , yet at festivals , and for entertainment of strangers , or upon such occasions , they may be fit also . yet care would be taken , that , in such cases , they be set off more with wit and activity , then with costly and wasteful expences . . but for the king and prince , and the lords and chivalry of the court , i rather commend , in their turns and seasons , the riding of the great horse , the tilts , the barriers , tennis , and hunting , which are more for the health and strength of those who exercise them , then in an effeminate way to please themselves and others . and now the prince groweth up fast to be a man , and is of a sweet and excellent disposition ; it would be an irreparable stain and dishonour upon you , having that access unto him , if you should mislead him , or suffer him to be misled by any loose or flattering parasites : the whole kingdom hath a deep interest in his virtuous education ; and if you , keeping that distance which is fit , do humbly interpose your self , in such a case , he will one day give you thanks for it . . yet dice and cards may sometimes be used for recreation , when field-sports cannot be had ; but not to use it as a mean to spend the time , much less to mispend the thrift of the gamesters . sir , i shall trouble you no longer ; i have run over these things as i first propounded them ; please you to make use of them , or any of them , as you shall see occasion ; or to lay them by , as you think best , and to add to them , as you daily may , out of your experience . i must be bold , again , to put you in mind of your present condition ; you are in the quality of a sentinal ; if you sleep , or neglect your charge , you are an undone man , and you may fall much faster then you have risen . i have but one thing more to mind you of , which nearly concerns your self ; you serve a great and gracious master , and there is a most hopeful young prince , whom you must not desert ; it behoves you to carry your self wisely and evenly between them both : adore not so the rising son , that you forget the father , who raised you to this height ; nor be you so obsequious to the father , that you give just cause to the son , to suspect that you neglect him : but carry your self with that judgment , as , if it be possible , may please and content them both , which , truly , i believe , will be no hard matter for you to do ; so may you live long beloved of both , which is the hearty prayer of , your most obliged , and devoted servant . sir francis bacon , to sir george villiers , of advice concerning ireland , from gorambury to windsor . sir , because i am uncertain whether his majesty will put to a point some resolutions touching ireland , now at windsor ; i thought it my duty to attend his majesty by my letter , and thereby to supply my absence , for the renewing of some former commissions for ireland , and the framing of a new commission for the wards , and the alienations , which appertain properly to me , as his majesties attorney , and have been accordingly referred by the lords . i will undertake that they are prepared with a greater care , and better application to his majesties service in that kingdom , than heretofore they have been , and therefore of that i say no more . and for the instructions of the new deputy , they have been set down by the two secretaries , and read to the board , and being things of an ordinary nature , i do not see but they may pass . but there have been three propositions and councels , which have been stirred , which seem to me of very great importance , wherein i think my self bound to deliver to his majesty my advice and opinion , if they should now come in question . the first is , touching the recusant magistrates of the towns of ireland , and the commonalties themselves , and their electors , what shall be done ; which consultation ariseth from the late advertisements from the two lord justices , upon the instance of the two towns limrick and kilkenny ; in which advertisements , they represent the danger only , without giving any light for the remedy ; rather warily for themselves , than agreeable to their duties and places . in this point , i humbly pray his majesty to remember , that the refusal is not of the oath of allegiance ( which is not enacted in ireland ) but of the oath of supremacy , which cutteth deeper into matter of conscience . also that his majesty , will out of the depth of his excellent wisdom and providence , think , and as it were calculate with himself , whether time will make more for the cause of religion in ireland , and be still more and more propitious ; or whether differing remedies will not make the case more difficult . for if time give his majesty the advantage , what needeth precipitation of extream remedies ; but if the time will make the case more desperate , then his majesty cannot begin too soon . now in my opinion , time will open and facilitate things for reformation of religion there , and not shut up or lock out the same . for first , the plantations going on , and being principally of protestants , cannot but mate the other party in time . also his majesties care in placing good bishops , and good divines , in amplifying the colledge there , and looking to the education of wards , and such like ; as they are the most natural means , so are they like to be the most effectual and happy , for the weeding out of popery , without using the temporal sword , so that i think i may truly conclude , that the ripeness of time is not yet come . therefore my advice is , in all humbleness , that this hazardous course of proceeding to tender the oath to the magistrates of towns , proceed not , but die by degrees . and yet to preserve the authority and reputation of the former councel , i would have somewhat done , which is , that there be a proceeding to seisure of liberties , but not by any act of power , but by quo warranto , or scire facias , which is a legal course , and will be the work of three or four terms ; by which time the matter will be somewhat cool . but i would not ( in no case ) that the proceeding should be with both the towns which stand now in contempt , but with one of them only , choosing that which shall be most fit . for if his majesty proceed with both , then all the towns that are in the like case , will think it a common cause , and that it is but their case to day , and their own to morrow . but if his majesty proceed but with one , the apprehension and terror will not be so strong ; for , they may think , it may be their case to be spared , as well as prosecuted . and this is the best advice that i can give to his majesty in this strait ; and of this opinion seemed my lord chancellor to be . the second proposition is this ; it may be , his majesty will be moved to reduce the number of his councel of ireland ( which is now almost fifty ) to twenty , or the like number , in respect that the greatness of the number doth both imbase the authority of the councel , and divulge the business . nevertheless , i hold this proposition to be rather specious and solemn , than needful at this time ; for certainly it will fill the state full of discontentment , which , in a growing and unsetled state , ought not to be . this i could wish , that his majesty would appoint a select number of councellors there , which might deal in the improvement of his revenue ( being a thing not to pass through too many hands ) and the said selected number should have dayes of sitting by themselves , at which the rest of the councel should not be present ; which being once setled , then other principal business of state may be handled at these sittings ; and so the rest begin to be disused , and yet retain their countenance without murmur or disgrace . the third proposition , as it is moved , seemeth to be pretty , if it can keep promise ; for it is this , that a means may be found to re-enforce his majesties army by five hundred , or a thousand men , and that without any penny increase of charge . and the means should be , that there should be a commandment of a local removing , and transferring some companies from one province to another , whereupon it is supposed , that many that are planted in house and lands , will rather lose their entertainment , then remove ; and thereby new men may have their pay , yet the old be mingled in the countrey for the strength thereof . in this proposition two things may be feared ; the one , discontent of those that shall be put off ; the other , that the companies shall be stuffed with novices ( tirones ) instead of veterani . i wish therefore , that this proposition be well debated , before it be admitted . thus having performed that which duty binds me to , i commend you to gods best preservation . your most devoted , and bounden servant . july . . sir francis bacon , the kings attorney general , to the master of the horse , upon the sending of his bill for viscount , sc. sir , i send you the bill for his majesties signature , reformed according to his majesties amendments , both in the two places ( which , i assure you , were altered with great judgment ) and in the third place , which his majesty termed a question only . but he is an idle body , that thinketh his majesty asketh an idle question ; and therefore his majesties questions are to be answered , by taking away the cause of the question , and not by replying . for the name , his majesties will is a law in those things ; and to speak the truth , it is a well-sounding , and noble name , both here and abroad ; and being your proper name , i will take it for a good sign , that you shall give honour to your dignity , and not your dignity to you . therefore i have made it viscount villiers ; and for your barony , i will keep it for an earldom . for though the other had been more orderly , yet that is as usual ; and both alike good in law. for ropers place , i would have it by all means dispatched , and therefore i marvaile it lingreth . it were no good manners , to take the business out of my lord treasurers hands ; and therefore i purpose to write to his lordship , if i hear not from him first , by mr. deckome ; but if i hear of any delay , you will give me leave ( especially since the king named me ) to deal with sir joseph roper my self ; for neither i , nor my lord treasurer , can deserve any great thanks in this business of yours , considering the king hath spoken to sir jo. roper , and he hath promised ; and besides , the thing it self is so reasonable , as it ought to be as soon done , as said . i am now gotten into the countrey to my house , where i have some little liberty , to think of that i would think of , and not of that which other men hourly break their head withal , as it was at london . upon this you may conclude , that most of my thoughts are to his majesty , and then you cannot be far off . god ever keep you , and prosper you . i rest always , your true , and most dutiful servant . the . of august , one of the happiest dayes . sir francis bacon , to sir george villiers , upon the sending his pattent for viscount villiers to be signed . sir , i have sent you now your patent , of creation of lord bletchly of bletchly , and of viscount villiers . beltchly is your own , and i liked the sound of the name better then whaddon ; but the name will be hid , for you will be called viscount villiers . i have put them in a patent ; after the manner of the patent for earls , where baronies are joyned ; but the chief reason was , because i would avoid double prefaces , which had not been fit ; nevertheless the ceremony of robing , and otherwise , must be double . and now , because i am in the countrey , i will send you some of my countrey fruits , which with me are good meditations , which , when i am in the city , are choked with business . after that the king shall have watered your new dignities , with the bounty of the lands which he intends you , and that some other things concerning your means , which are now likewise in intention , shall be setled upon you ; i do not see , but you may think your private fortunes established ; and therefore it is now time , that you should refer your actions to the good of your sovereign , and your countrey . it is the life of an oxe or beast , alwayes to eat , and never exercise ; but men are born ( and specially christian men ) not to cramb in their fortunes , but to exercise their vertues ; and yet the other hath been the unworthy , and ( thanks be to god ) sometimes the unlucky humour of great persons in our times : neither will your future fortune be the further off , for , assure your self , that fortune is of a womans nature , and will sooner follow by sleighting , than by too much wooing . and in this dedication of your self to the publick , i recommend unto you principally , that which , i think , was never done since i was born ; and which , because it is not done , hath bred almost a wilderness and solitude in the kings service ; which is , that you countenance and encourage , and advance able men , in all kinds , degrees and professions . for in the time of the cecils , the father and the son , able men were , by design , and of purpose , suppressed ; and though of late , choice goeth better , both in church and commonwealth , yet money , and turn-serving , and cunning canvasses , and importunity , prevaileth too much . and , in places of moment , rather make able and honest men yours , than advance those that are otherwise , because they are yours . as for cunning and corrupt men , you must ( i know ) sometimes use them , but keep them at a distance ; and let it appear rather , that you make use of them , than that they lead you . above all , depend wholly ( next unto god ) upon the king , and be ruled ( as hitherto you have been ) by his instructions , for that is best for your self . for the kings care and thoughts for you , are according to the thoughts of a great king ; whereas your thoughts concerning your self , are , and ought to be , according to the thoughts of a modest man. but let me not weary you , the sum is , that you think goodness the best part of greatness ; and that you remember whence your rising comes , and make return accordingly . god keep you . august . . sir francis bacon , to the king , about a certificate of my lord coke's . it may please your excellent majesty , i send your majesty , inclosed , my lord coke's answers ; i will not call them rescripts , much less oracles . they are of his own hand , and offered to me ( as they are ) in writing , not required by me to have them set down in writing , though i am glad of it , for my own discharge . i thought it my duty , as soon as i received them , instantly to send them to your majesty , and forbear , for the present , to speak further of them . i , for my part , ( though this muscovia-weather be a little too hard for my constitution ) was ready to have waited upon your majesty this day , all respects set aside ; but my lord treasurer , in respect of the season , and much other business , was willing to save me . i will onely conclude , touching these papers , with a text divided ; i cannot say , oportuit haec fieri , but i may say , finis autem nondum . god preserve your majesty . your majesties most humble , and devoted subject and servant . feb. . at . a clock . i humbly pray your majesty , to keep the papers safe . a letter to the king , touching the lord chancellors place . it may please your most excellent majesty . your worthy . chancellour , i fear , goeth his last day . god hath hitherto used to weed out such servants as grew not fit for your majesty ; but now he hath gathered to himself a true sage , or salvia , out of your garden ; but your majesties service must not be mortal . upon this heavy accident , i pray your majesty in all humbleness and sincerity , to give me leave to use a few words . i must never forget , when i moved your majesty for the attorneys place , it was your own sole act ; more then that , somerset , when he knew your majesty had resolved it , thrust himself into the business for a fee. and therefore i have no reason to pray to saints . i shall now again make oblation to your majesty , first of my heart , then of my service , thirdly , of my place of attorney ( which i think is honestly worth l. pound per annum ) and fourthly , of my place of the star-chamber , which is worth l. per annum , and with the favuor and countenance of a chancellor , much more . i hope i may be acquitted of presumption , if i think of it , both because my father had the place , which is some civil inducement to my desire : and i pray god your majesty may have twenty no worse years in your greatness , then queen elizabeth had in her model , ( after my fathers placing ) and chiefly , because , if the chancellors place went to the law , it was ever conferred upon some of the learned councel , and never upon a judge . for audley was raised from k. serjeant , my father from attorney of the wards , bromley from sollicitor , puckering from serjeant , egerton from master of the rolls , having newly left the attorneys place . now i beseech your majesty , let me put you the present case , truly . if you take my lord coke , this will follow ; first , your majesty shall put an over-ruling nature into an over-ruling place , which may breed an extream : next , you shall blunt his industries in matter of financies , which seemeth to aime at another place . and lastly , popular men are no sure mounters for your majesties saddle . if you take my lord hubbart , you shall have a judge at the upper end of your councel-board , and another at the lower end : whereby your majesty will find your prerogative pent . for though there should be emulation between them , yet as legists they will agree , in magnifying that wherein they are best ; he is no states-man , but an occonomist , wholly for himself . so as your majesty ( more then an outward form ) will find little help in him , for the business . if you take my lord of canterbury , i will say no more , but the chancellours place requires a whole man. and to have both jurisdictions , spiritual and temporal , in that height , is sit but for a king. for my self , i can only present your majesty with gloria in obsequio : yet i dare promise , that if i sit in that place , your business shall not make such short turns upon you , as it doth ; but when a direction is once given , it shall be pursued and performed ; and your majesty shall only be troubled with the true care of a king , which is , to think what you would have done in chief , and not how , for the passages . i do presume also , in respect of my fathers memory , and that i have been alwayes gracious in the lower house , i have interest in the gentlemen of england , and shall be able to do some good effect , in rectifying that body of parliament-men , which is cardo rerum . for let me tell your majesty , that that part of the chancellors place which is to judge in equity , between party and party , that same regnum judiciale ( which since my fathers time is but too much enlarged ) concerneth your majesty least , more then the acquitting your conscience for justice . but it is the other part of a moderator , amongst your councel , of an overseer over your judges , of a planter of fit justices , and governors in the country , that importeth your affairs and these times most . i will add also , that i hope by my care , the inventive part of your councel will be strengthned , who now commonly , do exercise rather their judgements , then their inventions : and the inventive part cometh from projectors , and private men , which cannot be so well ; in which kinde , my lord of salisbury had a good method , if his ends had been upright . to conclude , if i were the man i would be , i should hope , that as your majesty hath of late wonne hearts by depressing ; you should in this leese no hearts by advancing . for i see your people can better skill of concretum , then abstractum , and that the waves of their affections flow rather after persons , then things . so that acts of this nature ( if this were one ) do more good then twenty bills of grace . if god call my lord , the warrants and commissions which are requisite for the taking the seal , and for the working with it , and for the reviving of warrants under his hand , which dye with him , and the like , shall be in readiness . and in this time presseth more , because it is the end of a term , and almost the beginning of the circuits : so that the seal cannot stand still . but this may be done , as heretofore , by commission , till your majesty hath resolved of an officer . god ever preserve your majesty . your majesties most humble subject , and bounden servant . febr. . . a letter to the king , of my lord chancellors amendment , and the difference begun between the chancery and kings bench. it may please your most excellent majesty , i do find ( god be thanked ) a sensible amendment in my lord chancellor , i was with him yesterday in private conference about half an hour , and this day again , at such time as he did seal , which he endured well almost the space of an hour , though the vapour of the wax be offensive to him . he is free from a feaver , perfect in his powers of memory and speech , and not hollow in his voice nor looks . he hath no panting , or labouring respiration , neither are his coughs dry or weak . but whosoever thinketh his disease to be but melancholy , maketh no true judgment of it ; for it is plainly a formed and deep cough , with a pectoral surcharge , so that at times , he doth almost animam agere . i forbear to advertise your majesty of the care i took to have commissioners in readiness , because master secretary lake hath let me understand he signified as much to your majesty . but i hope there shall be no use of them for this time . and as i am glad to advertise your majesty of the amendment of your chancellors person , so i am sorry to accompany it with an advertisement of the sickness of your chancery court ; though ( by the grace of god ) that cure will be much easier than the other . it is true , i did lately write to your majesty , that for the matter of habeas corpora ( which was the third matter in law you had given me in charge ) i did think the communion of service between my lord chancellor , and my lord chief justice , in the great business of examination , would so join them , as they would not square at this time . but pardon me ( i humbly pray your majesty ) if i have too reasonable thoughts . and yet that which happened the last day of the term concerning certain indictments , in the nature of praemunire , preferred into the kings bench , but not found , is not so much as is noised abroad ( though i must say , it was omni tempore nimium , & hoc tempore alienum ) and therefore i beseech your majesty , not to give any believing ear to reports , but to receive the truth from me that am your attorney general , and ought to stand indifferent for jurisdictions of all courts ; which account i cannot give your majesty now , because i was then absent , and some are now absent , which are properly and authentically to inform me , touching that which passed . neither let this any way disjoint your other business ; for there is a time for all things , and this very accident may be turned to good ; not that i am of opinion , that that same cunning maxim of separa & impera , which sometimes holdeth in persons , can well take place in jurisdictions ; but because some good occasion by this excess may be taken , to settle that which would have been more dangerous , if it had gone on by little and little . god preserve your majesty . your majesties most humble subject , and most bounden servant . febr. . . sir francis bacon , the kings attorney , to the king , giving some account touching the commendams . it may please your most excellent majesty , i am not swift to deliver anything to your majesty , before it be well weighed . but now that i have informed my self of as much as is necessary , touching this proceeding of the judges , to the argument of the commendams ( notwithstanding your majesties pleasure signified by me upon your majesties commandment , in presence of my lord chancellor and the bishop of winchester , to the contrary ) i do think it fit to advertise your majesty what hath passed ; the rather , because i suppose the judges , since they performed not your commandment , have at least given your majesty their reasons of their failing therein ; i begin to answer for the doing of your majesties commandment , and they for the not doing . i did conceive , that in a cause that concern'd your majesty and your royal power , the judges having heard your attorney general argue the saturday before , would of themselves have taken further time to be advised . and ( if i fail not in memory ) my lord coke received from your majesties self , as i take it , a precedent commandment , in hillary term ; that both in the rege inconsulto , and in the commendams , your attorney should be heard to speak , and then stay to be made of further proceeding , till my lord had spoken with your majesty . nevertheless , hearing that the day appointed for the judges argument h●ld , contrary to my expectation , i sent on thursday in the evening , ( having received your majesties commandment but the day before , in the afternoon ) a letter to my lord coke , whereby i let him know , that upon some report of my lord of winchester ( who by your commandment was present at my argument ) of that which passed , it was your majesties express pleasure , that no further proceeding should be , until your majesty had confer'd with your judges ; which your majesty thought to have done at your being now last in town ; but by reason of your many and weighty occasions , your princely times would not serve : and that it was your pleasure he should signifie so much to the rest of the judges , whereof his lordship might not fail . his answer , by word , to my man , was , that it were good the rest of the judges understood so much from my self . whereupon , i ( that cannot skill in scruples , in matter of service ) did write on friday , three several letters of like content , to the judges of the common pleas , and the barons of the exchequer , and the other three judges of the kings bench , mentioning in that last , my particular letter to my lord chief justice . this was all i did , and thought all had been sure , insomuch as the same day being appointed in chancery , for your majesties great cause ( followed by my lord hunsdon ) i writ two other letters to both the chief justices , to put them in mind of assisting my lord chancellor at the hearing . and when my lord chancellor himself took some notice upon that occasion , openly in the chancery , that the commendams could not hold , presently after i heard the judges were gone about the commendams ; which i thought , at first , had been only to adjourn the court : but i heard after , that they proceeded to argument . in this their doing , i conceive they must either except to the nature of the commandment , or to the credence thereof , both which , i assure my self , your majesty will maintain . for if they should stand upon the general ground . nulli negabimus , nulli differemus justitiam , it receiveth two answers . the one , that reasonable and mature advice may not be confounded with delay ; and that they can well alledge , when it pleaseth them . the other , that there is a great difference between a case meerly between subject and subject , and where the kings interest is in question directly , or by consequence . at for the attorneys place and commission , it is as proper for him to signifie the kings pleasure to the judges , as for the secretary to signifie the same to the privy councel , and so hath it ever been . these things were a little strange , if there came not so many of them together , as the one maketh the other seem less strange : but your majesty hath fair occasions to remedy all with small aid . i say no more for the present . i was a little plain with my lord coke in these matters ; and when his answer was , that he knew all these things , i said , he could never profit too much , in knowing himself and his duty . sir francis bacon his advertisement , touching an holy war , to the right reverend father in god , lancelot andrews , lord bishop of winchester , and councellor of estate to his majesty . my lord , amongst consolations , it is not the least , to represent a mans self like examples of calamity in others . for example gives a quicker impression then arguments ; and besides , they certifie us of that which the scripture also tendereth for satisfaction , that no new thing is happened unto us . this they do the better , by how much the examples are liker , in circumstances , to our own case , and more especially , if they fall upon persons that are greater and worthier then our selves . for as it savoureth of vanity , to match our selves highly , in our own conceit ; so , on the other side , it is a good sound conclusion , that if our betters have sustained the like events , we have the less cause to be grieved . in this kind of consolation , i have not been wanting to my self , though , as a christian , i have tasted ( through gods great goodness ) of higher remedies . having therefore , through the variety of my reading , set before me many examples , both of ancient , and latter times , my thoughts , i confess , have chiefly stayed upon three particulars , as the most eminent , and the most resembling ; all three , persons , that had held chief place of authority in their countreys ; all three ruined , not by war , or by any other disaster , but by justice and sentence , as delinquents , and criminals ; all three famous writers : insomuch , as the remembrance of their calamity is , now , as to posterity , but as a little picture of night-work , remaining amongst the fair and excellent tables of their acts and works : and all three , ( if that were any thing to the matter ) fit examples to quench any mans ambition of rising again , for that they were , every one of them , restored with great glory , but to their further ruine and destruction , ending in a violent death . the men were , demosthenes , cicero , and seneca , persons that i durst not claim affinity with , except the similitude of our fortunes had contracted it . when i had cast mine eyes upon these examples , i was carried on further to observe , how they did bear their fortunes , and , principally , how they did imploy their times , being banished , and disabled for publick business ; to the end , that i might learn by them , and that they might be as well my counsellors , as my comsorters . whereupon i happened to note , how diversly their fortunes wrought upon them , especially , in that point at which i did most aim , which was , the employing of their times and pens . in cicero , i saw , that during his banishment ( which was almost two years ) he was so softned and dejected , as he wrote nothing but a few womanish episiles : and yet , in mine opinion , he had least reason of the three to be discouraged ; for that although it was judged , and judged by the highest kind of judgement , in form of a statute , or law , that he should be banished , and his whole estate confiscated and seized , and his houses pulled down , and that it should be highly penal for any man to propound his repeal ; yet his case , even then , had no great blot of ignominy , but it was thought but a tempest of popularity which overthrew him . demosthenes , contrary-wise , though his case was foul , being condemned for bribery , and not simple bribery , but bribery in the nature of treason and disloyalty ; yet , nevertheless , he took so little knowledge of his fortune , as , during his banishment , he did much busie himself , and intermeddle with matters of state , and took upon him to counsel the state , as if he had been still at the helm , by letters , as appears by some epistles of his which are extant . seneca , indeed , who was condemned for many corruptions , and crimes , and banished into a solitary island , kept a mean : for , though his pen did not freeze , ye he abstained from intruding into matters of business ; but spent his time in writing books of excellent arguments , and use for all ages , though he might have made better choice , sometimes , of his dedications . these examples confirmed me much in a resolution ( whereunto i was otherwise inclined ) to spend my time wholy in writing , and to put forth that poor talent , or half-talent , or what it is , that god hath given me , not , as heretofore , to particular exchanges , but to ranks or mounts of perpetuity , which will not break . therefore , having not long since , set forth a part of my instauration , which is the work that , in mine own judgement ( si nunquam fallit imago ) i may most esteem , i think to proceed in some few parts thereof . and although i have received , from many parts beyond the seas , testimonies touching that work , such , as beyond which i could not expect at the first , in so abstruse an argument ; yet , nevertheless , i have just cause to doubt , that it flies too much over mens heads : i have a purpose , therefore , ( though i break the order of time ) to draw it down to the sense , by some patterns of a natural story , and inquisition . and again , for that my books of advancement of learning may be some preparative , or key , for the better opening of the instauration , because it exhibits a mixture of new conceipts , and old , whereas the instauration gives the new unmixed , ( otherwise then with some little aspersion of the old , for tastes sake , ) i have thought to procure a translation of that book into the general language , not without great and ample additions , and enrichment thereof , especially in the second book , which handleth the partition of sciences ; in such sort , as , i hold it , may serve in lieu of the first part of the instauration , and acquit my promise in that part . again , because i cannot altogether desert the civil person that i have borne , ( which , if i should forget , enough would remember ) i have also entred into a work touching laws , propounding a character of justice in the middle term , between the speculative and reverend discourses of philosophers , and the writings of lawyers , which are tied , and obnoxious to their particular laws . and although it be true , that i had a purpose to make a particular digest , or re-compilement , of the laws of mine own nation ; yet because it is a work of assistance , and that that i cannot master , by my own forces and pen , i have laid it aside . now having in the work of my instauration , had in contemplatiō the general good of men , in their very being , and dowries of nature ; & in my work of laws , the general good of men in society , and the dowries of government , i thought in duty i owed somewhat unto mine own countrey , which i ever loved ; insomuch , as although my place hath been far above my deserts , yet my thoughts and cares concerning the good thereof , were beyond , and over , and above my place . so now , being as i am , no more able to do my countrey service , it remained unto me to do it honour , which i have endeavoured to do , in my work of the reign of king henry the seventh . as for my essayes , and some other particulars of that nature , i count them but as the recreations of my other studies ; and in that sort i purpose to continue them , though i am not ignorant , that those kind of writings would , with less pains and embracement , perhaps , yield more lustre and reputation to my name , than those other which i have in hand . but i account the use that a man should seek , of the publishing of his own writings before his death , to be but an untimely anticipation of that which is proper to follow a man , and not to go along with him . but revolving with myself my writings , as well those i have published , as those which i had in hand , methought they went all into the city , and none into the temple ; where , because i have found so great consolation , i desire likewise to make some poor oblation . therefore i have chosen an argument , mixt of religious and civil considerations ; and likewise mixt between contemplative and active : for , who can tell , whether there may not be an exoriere aliquis ? great matters , ( especially if they be religious ) have ( many times ) small beginnings , and the plat-form may draw on the building . this work , because i was ever an enemy to flattering dedications , i have dedicated to your lordship , in respect of our ancient and private acquaintance , and because , amongst the men of our times , i hold you in especial reverence . sir francis bacon , to the king , about the pardon of the parliaments sentence . most gracious and dread sovereign , before i make my petition to your majesty , i make my prayers to god above , pectore ab imo , that if i have held anything so dear as your majesties service , ( nay ) your hearts ease , and your honour , i may be repulsed with a denial . but if that hath been the principal with me , that god , who knoweth my heart , would move your majesties royal heart to take compassion of me , and to grant my desire . i prostrate my self at your majesties feet ; i , your ancient servant , now sixty four years old in age , and three years and five moneths old in misery : i desire not from your majesty , means , nor place , nor imployment ; but only , after so long a time of expiation , a compleat and total remission of the sentence of the upper house , to the end that blot of ignominy may be removed from me , and from my memory with posterity , that i die not a condemned man , but may be to your majesty , as i am to god , nova creatura . your majesty hath pardoned the like to sir john bennet , between whose case and mine , ( not being partial to my self , but speaking out of the general opinion ) there was as much difference , i will not say , as between black and white , but as between black and gray , or ash-coloured . look therefore down ( dear sovereign ) upon me also in pity . i know , your majesties heart is inscrutable for goodness ; and my lord of buckingham was wont to tell me , you were the best natured man in the world ; and it is gods property , that those that he hath loved , he loveth to the end . let your majesties grace , in this my desire , stream down upon me , and let it be out of the fountain and spring-head , and ex mero motu , that living or dying , the print of the goodness of king james may be in my heart , and his praises in my mouth . this my most humble request granted may make me live a year or two happily ; and denied , will kill me quickly . but yet the last thing that will die in me , will be the heart and affection of your majesties most humble ; and true devoted servant , fr. st. alban . july . . sir francis bacon , to king james , of a digest to be made of the laws of england . most excellent sovereign , amongst the degrees and acts of sovereign , or rather heroical honour , the first , or second , is the person and merit of a law-giver . princes that govern well are fathers of the people : but if a father breed his son well , and allow him well , while he liveth , but leave him nothing at his death , whereby both he , and his children , and his childrens children , may be the better , it is not in him compleat . so kings , if they make a portion of an age happy by their good government ; yet if they do not make testaments ( as god almighty doth ) whereby a perpetuity of good may descend to their countrey , they are but mortal , and transitory benefactors . domitian , a few days before he dyed , dreamed , that a golden head did rise upon the nape of his neck ; which was truly performed in the golden age that followed his times , for five successions . but kings , by giving their subjects good laws , may , if they will , in their own time , join and graff this golden head upon their own necks , after their death : nay , they make nabuchodonosors image of monarchy , golden from head to foot . and if any of the meaner sort of politicks , that are sighted only to see the worst of things , think , that laws are but cobwebs , and that good princes will do well without them , and bad will not stand much upon them ; the discourse is neither good nor wise . for , certain it is , that good laws are good bridles to bad princes , and as a very wall about government . and if tyrants sometimes make a breach into them , yet they mollifie even tyranny it self , as solons laws did the tyranny of pisistratus ; and then commonly they get up again , upon the first advantage of better times . other means to perpetuate the memory and merits of sovereign princes , are inferiour to this . building of temples , tombs , palaces , theatres , and the like , are honourable things , and look big upon posterity : but constantine the great , gave the name well to those works , when he used to call trajan , who was a great builder , parietarius , because his name was upon so many walls . so that , if that be the matter , that the king would turn wall-flower , or pelitory of the wall , with cost he may . adrians vein was better , for his mind was to wrastle a fall with time ; and being a great progressor over all the roman empire , when ever he found any decayes of bridges , or high-wayes , or cuts of rivers and sewers , or walls , or banks , or the like , he gave substantial order for their repair . he gave also multitudes of charters and liberties for the comfort of corporations , and companies in decay ; so that his bounty did strive with the ruines of time . but yet this , though it were an excellent disposition , went but , in effect , to the cases and shells of a commonwealth ; it was nothing to virtue , or vice. a bad man might indifferently take the benefit and ease of his wayes and bridges , as well as a good ; and bad people might purchase good charters . surely the better works of perpetuity in princes , are they that wash the inside of the cup ; such as are foundations of colledges and lectures , for learning , and education for youth ; likewise foundations and institutions of orders and fraternities , for nobleness , enterprize and obedience , and the like : but yet these also are but like plantations of orchards and gardens in plats and spots of ground here and there ; they do not till over the whole kingdom , and make it fruitful , as doth the establishing of good laws and ordinances , which make a whole nation to be as a well ordered colledge or foundation . this kind of work , in the memory of time , is rare enough to shew it excellent ; and yet not so rare , as to make it suspected for impossible , inconvenient , and unsafe . moses , that gave laws to the hebrews , because he was the scribe of god himself , is fitter to be named for honours sake to other law-givers , then to be numbred and ranked amongst them . minos , lycurgus , and solon , are examples for themes of grammar-scholars . for ancient personages , and characters , now a days , use to wax children again . though that parable of pindarus be true , the best thing is water ; for common and trivilal things are many tmies the best , and rather despised upon pride , because they are vulgar , then upon cause or use . certain it is , that the laws of those three law-givers had great prerogatives ; the first , of fame , because they were the pattern among the grecians ; the second , of lasting , for they continued longest without alteration ; the third , a spirit of reviver , to be often expired ; and often restored . amongst the seven kings of rome , there were four law-givers : for it is most true that a discourse of italy saith , there was never state so well swadled in the infancy , as the roman was , by the vertue of their first kings ; which was a principal cause of the wonderful growth of that state in after-times . the decemvirs laws were laws upon laws , not the original ; for they graffed laws of graecia upon the roman stock of laws and customs : but such was their success , as the twelve tables which they compiled were the main body of the laws which framed and welded the great body of that state. they lasted a long time , with some supplementals , and the pretorian edicts in albo , which were , in respect of laws , as writing-tables in respect of brass , the one to be put in and out , as the other is permanent . lucius cornelius sylla reformed the laws of rome : for that man had three singularities , which never tyrant had but he ; that he was a law-giver ; that he took part with nobility ; and that he turned private man , not upon fear , but upon confidence . caesar , long after , desired to imitate him only in the first ; for otherwise , he relied upon new men ; and for resigning his power , seneca describeth him right , caesar gladium cito condidit , nunquam posuit : and himself took it upon him , saying in scorn , of sylla's resignation , sylla nescivit liter as , dictare non potuit . but , for the part of a law-giver , cicero giveth him the attribute , caesar , si ab eo quaereretur quid egisset in toga , leges se , respondisset , multas & praeclar as tulisse . his nephew augustus did tread the same steps , but with deeper print , because of his long reign in peace ; whereof one of the poets of his time , saith . pace data terris , animum ad civilia vertit ; jura suum legesque tulit justissimus author . from that time , there was such a race of wit and authority , between the commentaries and decisions of the lawyers , and the edicts of the emperours , as both laws and lawyers were out of breath : whereupon justinian , in the end , re-compiled both , and made a body of laws , such as might be wielded , which himself calleth glorious , and yet not above truth ; the edifice or structure of a sacred temple of justice , built indeed out of the former ruines of books , as materials , and some novel constitutions of his own . in athens they had sex viri , as aeschines observeth , which were standing commissioners ; who did watch to discern what laws were unproper for the times , and what new law did , in any branch , cross a former law , and so , ex officio , propounded their repeal . king edgar collected the laws of this kingdom , and gave them a strength of a faggot bound , which formerly were dispersed ; which was more glory to him , than his sailing about this island with a great fleet ; for that was , as the scripture saith , via navis in mari , it vanished ; but this lasteth . alphonso the wise , the ninth of that name , king of castile , compiled the digest of the laws of spain , intituled , the six partidas ; an excellent work , which he finished in seven years : and , as tacitus noteth well , that the capitol , though built in the beginnings of rome , yet was sit for the great monarchy that came after ; so that building of laws sufficeth the greatness of the empire of spain , which since hath ensued . lewis the eleventh had in his mind , though he performed it not , to have made one constant law of france , extracted out of the civil roman law , and the customes of provinces , which are various , and the kings edicts , which with the french are statutes . surely he might have done well , if , like as he brought the crown ( as he said himself ) hors de page , so he had brought his people from lacquay , not to run up and down for their laws , to the civil law , and the ordinances of courts , and discourses of philosophers , as they use to do . king henry the eighth , in the twenty seventh year of his reign , was authorized by parliament to nominate thirty two commoners , part ecclesiastical , part temporal , to purge the common law , and to make it agreeable to the law of god , and the law of the land ; but it took not effect : for the acts of that king were , commonly rather proffers and fames , then either well grounded , or well pursued . but i doubt i err , in producing so many examples : for , as cicero , said to caesar , so may i say to your majesty , nil vulgare , te dignum videri possit , though , indeed , this , well understood , is far from vulgar ; for that the laws of both kingdoms and states have been , like buildings , of many pieces , and patched up , from time to time , according to occasions , without frame or model . now for the laws of england , if i shall speak my opinion of them , without partiality , either to my profession , or countrey , for the matter and nature of them , i hold them wise , just , and moderate laws ; they give to god , they give to caesar , they give to the subject , what appertaineth . it is true , they are as mixt as our language , compounded of british , roman , saxon , danish , norman customs ; and surely , as our language , is thereby so much the richer , so our laws are likewise , by that mixture , the more compleat . neither both this attribute the less to them , then those that would have them to stand out the same , in all mutations . for no tree is so good first set , as by transplanting and graffing . i remember what happened to calisthenes , that followed alexders court , and was grown into some displeasure with him , because he could not well brook the persian adoration : at a supper ( which with the grecians was a great part ) he was desired , the king being present , because he was an eloquent man , to speak of some theme ; which he did , and chose for his theme , the praise of the macedonian nation . which , though it were but a filling thing , to praise men to their faces ; yet he performed it with such advantage of truth , and avoidance of flattery , and with such life , as was applauded by the hearers . the king was the less pleased with it , not loving the man , and by way of discountenance , said , it was easie to be a good orator in a pleasing theme : but , saith he to him , turn your stile , and tell us now of our faults , that we may have the profit , and not the praise only . which he presently did , with such quickness , that alexander said , that malice made him eloquent then , as the theme had done before . i shall not fall into either of these extreams iu this subject of the laws of england : i have commended them before for the matter ; but surely , they ask much amendment for the form ; which , to reduce and perfect , i hold to be one of the greatest dowries that can be conferred upon this kingdom ; which work , for the excellency , as it is worthy your majesties acts and times , so it hath some circumstance of propriety agreeable to your person . god hath blessed your majesty with posterity , and i am not of opinion , that kings that are barren are fittest to supply perpetuity of generations by perpetuity of noble acts ; but contrariwise , that they that leave posterity , are the more interessed in the care of future times , that as well their progeny as their people may participate of their merit . your majesty is a great master in justice , and judicature , and it were pity , the fruit of that your vertue should not be transmitted to the ages to come . your majesty also reigneth in learned times , the more , no doubt , in regard of your own perfection in learning , and your patronage thereof ; and it hath been the mishap of works , that the less learned time hath sometimes wrought upon the more learned , which now will not be so . as for my self , the law was my profession , to which i am a debtor ; some little help i have of my arts , which may give form to matter ; and i have now by gods merciful chastisement , and by his special providence , time and leasure to put my talent , or half talent , or what it is , to such exchanges , as may perhaps exceed the interest of an active life . therefore as in the beginning of my troubles , i made offer to your majesty to take pains in the story of england , and in compiling a method , and digest of your laws , so have i performed the first ( which rested but upon my self ) in some part . and i do in all humbleness renew the offer of this letter ( which will require help and assistance ) to your majesty , if it shall stand with your good pleasure to imploy my service therein . sir francis bacon , to the right honourable his very good lord , the earl of devonshire , lord lieutenant of ireland . it may please your good lordship , i cannot be ignorant , and ought to be sensible of the wrong which i sustain , common speech , as if i had been false or unthankful , to that noble , but unfortunate earl , the earl of essex : and for satisfying the vulgar sort , i do not so much regard it ; though i love a good name ; but yet as a hand-maid and attendant of honesty and vertue . for i am of his opinion , that said pleasantly , that it was a shame to him that was a suitor to the mistress , to make love to the waiting-woman . and therefore , to wooe or court common fame , otherwise then it followeth upon honest courses , i , for my part , find not my self fit nor disposed . but on the otherside , there is no worldly thing that concerneth my self , which i hold more dear , then the good opinion of certain persons , amongst which there is none i would more willingly give satisfaction unto , then to your lordship . first , because you loved my lord of essex , and therefore will not be partial towards me , which is part of that i desire ; next , because it hath ever pleased you , to shew your self to me an honourable friend ; and so no baseness in me to seek to satisfie you . and lastly , because i know your lordship is excellently grounded in the true rules and habits of duties and moralities , which must be they which shall decide this matter : wherein ( my lord ) my defence needeth to be but simple and brief ; namely , that whatsoever i did concerning that action and proceeding , was done in my duty and service to the queen , and her state ; in which i would not shew my self falshearted nor faint-hearted , for any mans sake alive . for every honest man , that hath his heart well planted , will forsake his king , rather than forsake god ; and forsake his friends , than forsake his king ; and yet will forsake any earthly commodity ; yea , and his own life , in some cases , rather than forsake his friend . i hope the world hath not forgotten his degrees ; else the heathen saying , amicus usque ad aras , shall jndge them : and if any man shall say , that i did officiously intrude my self into that business , because i had no ordinary place ; the like may be said of all the business , in effect , that passed the hands of the learned councel either of state or revenue , these many years , wherein i was continually used ; for , as your lordship may remember , the queen knew her strength so well , as she looked her word should be a warrant ; and after the manner of the choicest princes before her , did not always tye her trust to place , but did sometimes divide private favour from office . and i , for my part , though i was not unseen in the world , but i knew the condition was subject to envie and peril ; yet because i knew , again , she was constant in her favours , and made an end where she began ; and especially , because she upheld me with extraordinary access , and other demonstrations , confidence and grace , i resolved to endure it in expectation of better . but my scope and desire is , that your lordship would be pleased to have the honourable patience to know the truth , in some particularity of all that passed in this cause , wherein i had any part ; that you may perceive how honest a heart i ever bare to my sovereign , and to my countrey , and to that nobleman who had so well deserved of me , and so well accepted of my deservings ; whose fortune i cannot remember without much grief . but for any action of mine towards him , there is nothing that passed me in my life-time that cometh to my remembrance with more clearness , and less check of conscience : for , it will appear to your lordship , that i was not only not opposite to my lord of essex , but that i did occupy the utmost of my wits , and adventured my fortune with the queen , to have redintegrated his ; and so continued faithfully and industriously , till his last fatal impatience ( for so i will call it ) after which day , there was not time to work for him , though the same my affection , when it could not work upon the subject proper , went to the next , with no ill effect towards some others , who ( i think ) do rather not know it , than not acknowledge it . and this i will assure your lordship , i will leave nothing untold that is truth , for any enemy that i have to add ; and on the other side , i must reserve much which makes for me , upon many respects of duty , which i esteem above my credit : and what i have here set down to your lordship , i protest , as i hope to have any part in gods favour , is true . it is well known , how i did , many years since , dedicate my travels and studies to the use , and ( as i may term it ) service of my lord of essex ; which , i protest before god , i did not , making election of him as the likeliest mean of my own advancement ; but out of the humour of a man that ever from the time i had any use of reason ( whether it were reading upon good books , or upon the example of a good father , or by nature ) i loved my countrey more then was answerable to my fortune ; and i held , at that time , my lord to be the fittest instrument to do good to the state : and therefore i applied my self wholly to him , in a manner , which i think happeneth rarely amongst men . for i did not only labour carefully and industriously in that he set me about , whether it were matter of advice , or otherwise ; but neglecting the queens service , mine own fortune , and in a sort , my vocation , i did nothing but devise and ruminate with my self , to the best of my understanding , propositions and memorials of any thing that might concern his lordships honour , fortune or service . and when , not long after i entred into this course , my brother , mr. anthony bacon , came from beyond the seas , being a gentleman , whose abilities the world taketh knowledge of , for matter of state , specially forreign , i did likewise knit his service to be at my lords disposing . and , on the other side , i must , and will ever acknowledge my lords love , trust and favour towards me ; and last of all , his liberality , having enfeoffed me of land which i sold for l. to mr. reynold nicholas , and i think was more worth , and that at such a time , and with so kind and noble circumstances , as the manner was as much as the matter : which , though it be but an idle digression , yet because i will not be short in commemoration of his benefits , i will presume to trouble your lordship with the relating to you the manner of it . after the queen had denied me the sollicitors place , for the which his lordship had been a long and earnest suitor on my behalf , it pleased him to come to me from richmond to twilknam park , and brake with me , and said , mr. bacon , the queen hath denied me the place for you , and hath placed another : i know you are the least part of your own matter ; but you fare ill , because you have chosen me for your mean and dependance ; you have spent your time and thoughts in my matters : i die ( these were the very words ) if i do not somewhat towards your fortune ; you shall not deny to accept a piece of land which i will bestow upon you . my answer , i remember , was , that for my fortune , it was no great matter ; but that his lordships offer made me call to mind what was wont to be said when i was in france , of the duke of guise , that he was the greatest usurer in france , because he had turned all his estate into obligations ; meaning , that he had left himself nothing , but only had bound numbers of persons to him : now , my lord ( said i ) i would not have you imitate this course , nor turn your state thus by greatest gifts into obligations , for you will find many bad debtors . he bade me take no care for that , and pressed it ; whereupon i said , i see my lord , that i must be your homager , and hold land of your gift ; but do you know the manner of doing homage in law ? alwayes it is with a saving of his faith to the king , and his other lords ; and therefore , my lord ( said i ) i can be no more yours than i was , and it must be with the ancient savings ; and , if i grow to be a rich man , you will give me leave to give it back a gain to some of your un-rewarded followers . but to return : sure i am , ( though i can arrogate nothing to my self , but that i was a faithful remembrancer to your lordship ) that while i had most credit with him , his fortune went on best ; and yet in too many points we always directly , and condradictorily differed ; which i will mention to your lordship , because it giveth light to all that followed . the one was , i alwayes set this down , that the only course to be held with the queen , was , by obsequiousness and observance ; and i remember , i would usually gage confidently , that if he would take that course constantly , and with choice of good particulars to express it , the queen would be brought in time to ahasuerus question , to ask , what should be done to the man that the king would honour ? meaning , that her goodness was without limit , where there was a true concurrence , which i knew in her nature to be true : my lord , on the other side , had a setled opinion , that the queen should be brought to nothing , but by a kind of necessity and authority ; and i well remember , when by violent courses at any time he had got his will , he would ask me ; now sir , whose principles be true ? and i would again say to him , my lord , these courses be like to hot waters , they will help at a pang , but if you use them , you shall spoil the stomack , and you shall be fain still to make them stronger and stronger , and yet in the end they will lose their operation ; with much other variety wherewith i used to touch that string . another point was , that i alwayes vehemently perswaded him from seeking greatness by a military dependance , or by a popular dependance , as that which would breed in the queen , jealousie ; in himself , presumption , and in the state , perturbation ; and i did usually compare them to icarus two wings , which were joined on with wax , and would make him venture to soar too high , and then fail him at the height . and i would further say unto him , my lord stand upon two feet , and flie not upon two wings . the two feet are the two kinds of justice , commutative and distributive ; use your greatness , for advancing of merit and vertue , and relieving wrongs and burthens , you shall need no other art of sineness ; but he would tell me , that opinion came not from my mind , but from my robe . but it is very true , that i that never meant to enthrall my self to my lord of essex , nor any other man , more than stood with the publick good ; did ( though i could little prevail ) divert him by all means possible from courses of the wars and popularity : for i saw plainly , the queen must either live or dye ; if she lived , then the times would be , as in the declination of an old prince ; if she died , the times would be , as in the beginning of a new ; and that if his lordship did rise too fast in these courses , the times might be dangerous for him , and he for them . nay , i remember i was thus plain with him upon his voyage to the islands , when i saw every spring put forth such actions of charge and provocation , that i said to him , my lord , when i came first to you , i took you for a physitian that desired to cure the diseases of the state ; but now i doubt you will be like to those physitians which can be content to keep their patients long , because they would alwayes be in request : which plainness he nevertheless took very well ; as he had an excellent care , and was patientissimus veri , and assured me the case of the realm required it ; and i think this speech of mine , and the like renewed afterwards , pricked him to write that apology which is in many mens hands . but this dfference in two points , so main and material , bred , in process of time , a discontinuance of privateness ( as it is the manner of men seldom to communicate where they think their courses not approved ) between his lordship and my self , so as i was not called , nor advised with , for some year and a half before his lordships going into ireland , as in former time ; yet nevertheless touching his going into ireland , it pleased him expresly , and in a set manner , to desire mine opinion , and counsel ; at which time i did not only disswade , but protest against his going , telling him , with as much vehemency and asseveration as i could , that absence in that kind would exulcerate the queens mind , whereby it would not be possible for him to carry himself so , as to give her sufficient contentment , not for her to carry herself so , as to give him sufficient countenance , which would be ill for her , ill for him , and ill for the state. and because i would omit no argument , i remember i stood also upon tbe difficulty of the action , setting before him out of histories , that the irish was such an enemy , as the ancient gaules or britains , or germans were , and that we saw how the romans who had such discipline to govern their souldiers , and such donatives to encourage them , and the whole world in a manner to levy them ; yet when they came to deal with enemies which placed their felicities only in liberty , and the sharpness of their sword , and had the natural and elemental advantages of woods and boggs , and hardness of bodies , they ever found they had their hands full of them , and therefore concluded , that going over with such expectation as he did , and through the churlishness of the enterprise , not like to answer it , would mightily diminish his reputation and name ; other reasons i used , so as i am sure , i never in any thing in my life-time , dealt with him in like earnestness by speech , by writing , and by all the means i could devise . for , i did as plainly see his overthrow , chained , as it were , by destiny to that journey , as it is possible for any man to ground a judgment upon future contingents . but , my lord , howsoever his ear was open , yet his heart and resolution was shut against that advice , whereby his ruine might have been prevented . after my lords going i saw how true a prophet i was , in regard of the evident alteration which naturally succeeded in the queens minde , and thereupon i was still in watch to find the best occasion , that , in the weakness of my power , i could either take , or minister , to pull him out of the fire , if it had been possible ; and not long after , me thought i saw some overture thereof , which i apprehended readily ; a particularity which i think to be known to very few , and the which i do the rather relate to your lordship , because i hear it should be talked , that while my lord was in ireland , i revealed some matter against him , or i cannot tell what ; which if it were not a meer slander , as the rest is , but had any , though never so little colour , was surely upon this occasion . the queen one day being at non-such , a little , ( as i remember ) before cuffers coming over , where i attended her , shewed a passionate distaste of my lords proceedings in ireland , as if they were unfortunate , without judgment , contemptuous , and not without some private end of his own , and all that might be , and was pleased , as she spake of it to many that she trusted less , so to fall into the like speech with me ; whereupon i that was still awake , and true to my grounds which i thought surest for my lords good , said to this effect : madam , i know not the particulars of estate , and i know this , that princes occasions must have no abrupt periods or conclusions ; but otherwise , i would think that if you had my lord of essex here with a white staff in his hand , as my lord of leicester had , and continued him still about you , for society to your self , and for an honour and ornament to your attendance and court , in the eyes of your people , and in the eyes of forreign ambassadors , then were he in his right element : for to discontent him as you do , and yet to put arms and power into his hands , may be a kind of temptation to make him prove combersome and unruly . and therefore , if you would imponere bonam clausulam , and send for him , and satisfie him with honour here near you , if your affairs ( which as i have said ) i am not acquainted with , will permit it , i think were the best way ; which course , your lordship knoweth , if it had been taken , then all had been well ; and no contempt in my lords coming over , nor continuance of these jealousies which that imployment of ireland bred , and my lord here in his former greatness : well , the next news that i heard , was , that my lord was come over , and that he was committed to his chamber , for leaving ireland without the queens licence : this was at non-such , where ( as my duty was ) i came to his lordship , and talked with him privately about a quarter of an hour , and he asked my opinion of the course that was taken with him ; i told him , my lord , nubecula est , cito transibit , it is but a mist : but shall i tell your lordship ? it is as mists are , if it go upwards , it may happily cause a showr ; if downward , it will clear up ; and therefore good my lord , carry it so , as you take away by all means , all umbrages and distastes from the queen , and especially , if i were worthy to admonish you ( as i have been by your lordship , thought , and now your question imports the continuance of that opinion ) observe three points . first , make not this cessation or peace which is concluded with tyrone as a service wherein you glory , but as a shuffling up of a prosecution which was not very fortunate ; next , represent not to the queen any necessity of state , whereby , as by a coertion or wrentch , she should think her self enforced to send you back into ireland ; but leave it to her . thirdly , seek access , importune , opportune , seriously , sportingly , every way . i remember , my lord was willing to hear me , but spake very few words , and shaked his head sometimes , as if he thought he was in the wrong ; but sure i am , he did just contrary in every one of these three points . after this , during the while my lord was committed to my lord keepers , i came divers times to the queen , as i had used to do , about cause of her revenue and law business , as is well known : by reason of which accesses , according to the ordinary charities of court , it was given out that i was one of them that incensed the queen against my lord of essex . these speeches i cannot tell , nor i will not think that they grew any wayes from her own speeches , whose memory i will ever honour : if they did , she is with god , and miserum est ab illis laedi , de quibus non possis queri . but , i must give this testimony to my lord cecill , that one time , in his house , at the savoy , he dealt with me directly ; and said to me , cousin , i hear it , but i believe it not , that you should do some ill office to my lord of essex ; for my part , i am meerly passive , and not active in this action , and i follow the queen , and that heavily , and i lead her not ; my lord of essex is one that in nature i could consent with , as with any one living ; the queen indeed is my sovereign , and i am her creature ; i may not lose her ; and the same course i would wish you to take ; whereupon , i satisfied him how sarre i was from any such minde . and , as sometimes it comes to passe , that mens inclinations are opened more in a toy , than in a serious matter : a little before that time , being about the middle of michaelmass term , her majesty had a purpose to dine at my lodging at twitnam park , at which time i had ( though i prosess not to be a poet ) prepared a sonnet , directly tending to draw on her majesties reconcilement to my lord , which i remember also i shewed to a great person , and one of my lords nearest friends who commended it : this though it be ( as i said ) but a toy , yet it shewed plainly in what spirit i proceeded , and that i was ready not only to do my lord good offices , but to publish and declare my self for him ; and never was i so ambitious of any thing in my life time , as i was to have carried some token or favour from her majesty to my lord , using all the art i had , both to procure her majesty to send , and my self to be the messenger ; for as to the former , i feared not to alledge to her , that this proceeding towards my lord was a thing towards the people very implausible ; and therefore wished her majesty , howsoever she did , yet to discharge her self , and to lay it upon others ; and therefore that she should intermixt her proceeding with some immediate graces from her self , that the world might take knowledge of her princely nature and goodness , lest it should alienate the hearts of her people from her ; which i did stand upon , knowing very well that if she once relented , to send or visit , those demonstrations would prove matter of substance for my lords good : and to draw that imployment upon my self , i advised her majesty , that when soever god should move her to turn the light of her favour towards my lord , to make signification to him thereof ; that her majesty , if she did it not in person , would at the least use some such mean as might not intitle themselves to any part of the thanks , as persons that were thought mighty with her , to work her , or to bring her about ; but to use some such as could not be thought but a meer conduct of her own goodness ; but i could never prevaile with her , though i am perswaded she saw plainly whereat i levelled ; but she had me in jealousie that i was not hers entirely , but still had inward and deep respects towards my lord , more then stood at that time with her will and pleasure . about the same time , i remember an answer of mine in a matter which had some affinity with my lords cause ; which , though it grew from me , went after about in others names ; for her majesty being mightily incensed with that book which was dedicated to my lord of essex , being a story of the first year of king henry the fourth , thinking it a seditious prelude to put into the peoples heads boldness and faction , said , she had an opinion there was treason in it , and asked me if i could not finde any places in it that might be drawn within case of treason : whereto i answered ; for treason , sure i found none ; but for felony , very many . and when her majesty hastily asked me , wherein ? i told her , the author had committed very apparent theft ; for he had taken most of the sentences of cornelius tacitus , and translated them into english , and put them into his text . and another time , when the queen could not be perswaded that it was his writing whose name was to it , but that it had some more mischievous author , and said with great indignation , that she would have him racked to produce his au thor ; i replied , nay , madam , he is a doctor , never rack his person , but rack his stile ; let him have pen , ink , and paper , and help of books , and be enjoyned to continue the story where it breaketh off , and i will undertake , by collating the stiles , to judge whether he were the author , or no. but for the main matter , sure i am , when the queen at any time asked my opinion of my lords case , i ever , in one tenour , said unto her , that they were faults which the law might term contempts , because they were the transgression of her particular directions and instructions : but then , what defence may be made of them in regard of the great interest the person had in her majesties favour , in regard of the greatness of his place , and the ampleness of his commission , in regard of the nature of the business , being action of war , which in common cases cannot be tyed to strictness of instructions , in regard of the distance of the place ; having also a sea between his demands and her commands ; must be subject to wind and weather , in regard of a councel of state of ireland , which he had at his beck to avow his actions upon ; and lastly , in regard of a good intention that he might alledge for himself , which , i told her , in some religions , was held to be a sufficient dispensation for gods commandments , much more for princes : in all these regards i besought her majesty to be advised again and again , how she brought the cause into any publick question : nay , i went further , for i told her my lord was an eloquent and well spoken man ; and besides his eloquence of nature or art , he had an eloquence of accident , which pass'd them both , which was , the pity and benevolence of his hearers ; and therefore when he should come to answer for himself , i doubted his words would have so unequal passage above theirs that should charge him , as would not be for her majesties honour , and therefore wished the conclusion might be , that they might wrap it up privately between themselves , and that she would restore my lord to his former attendance , with some addition of honour , to take away discontent ; but this i will never deny , that i did shew no approbation generally of his being sent back again into ireland , both because it would have carried a repugnancy with my former discourse , and because i was in mine own heart fully perswaded , that it was not good , neither for the queen , nor for the state , nor for himself ; and yet i did not disswade it neither , but left it ever as locus lubricus . for this perticularitie i do well remember , that after your lordship was named for the place in ireland , and not long before your going , it pleased her majesty at whitehall , to speak to me of that nomination : at which time i said to her , surely madam , if you mean not to imploy my lord of essex thither again , your majesty cannot make a better choice ; and was going on to shew some reason , and her majesty interrupted me swith great passion ; essex ( said she ) whensoever i send essex back again into ireland , i will marry you ! claim it of me : whereunto i said , well madam , i will release that contract , if his going be or the good of the state. immediately after the queen had thought of a course ( which was also executed ) to have somewhat published in the star-chamber , for the satisfaction of the world , touching my lord of essex his restraint , and my lord not to be called to it , but occasion to be taken by reason of some libels then dispersed ; which when her majesty propounded unto me , i was utterly against it , and told her plainly , that the people would say , that my lord was wounded upon his back , and that justice had her balance taken from her , which ever consisted of an accusation and defence , with many other quick and significant terms to that purpose ; insomuch , that i remember , i said , that my lord , in foro famae , was too hard for her ; and therefore wish'd her , as i had done before , to wrap it up privately . and certainly , i offended her at that time , which was rare with me ; for i call to mind , that both the christmass , lent , and easter-term following , though i came divers times to her upon law-businesses , yet methought her face and manner was not so clear and open to me , as it was at the first : and she did directly charge me that i was absent that day at the star-chamber , which was very true ; but i alledged some indisposition of body to excuse it ; and during all the time aforesaid , there was altum silentium , from her to me , touching my lord of essex causes . but towards the end of easter term her majesty brake with me , and told me that she had found my words true ; for that the proceeding in the star-chamber had done no good , but rather kindled factious bruits ( as she termed them ) then quenched them , and therefore that she was determined now , for the satisfaction of the world , to proceed against my lord in the star-chamber by an information ore tenus , and to have my lord brought to his answer : howbeit , she said she would assure me , that whatsoever she did , should be towards my lord , ad castigationem , & non ad destructionem , as indeed she had often repeated the same phrase before : whereunto i said ( to the end utterly to divert her , ) madam , if you will have me to speak to you in this argument , i must speake to you as frier bacon's head spake , that said ; first , time is , and then time was , and time would never be ; for certainly ( said i ) it is now farr too late , the matter is cold , and hath taken too much wind ; whereat she seemed again offended , and rose from me , and that resolution for a while continued ; and after in the beginning of midsomer term , i attending her , and finding her setled in that resolution ( which i heard of also otherwise ) she falling upon the like speech , it is true , that seeing no other remedy , i said to her sleightly , why , madam , if you will needs have a proceeding , you were best have it in some such sort , as ovid spake of his mistress , est aliquid luce patente minus ; to make a councel-table matter of it , and end ; which speech again she seemed to take in ill part , but yet i think it did good for that time , and help't to divert that cause of proceeding by information in the star-chamber : nevertheless , afterwards it pleased her to make a more solemn matter of the proceeding , and some few dayes after , when order was given that the matter should be heard at york-house , before an assembly of councellors , peers and judges , and some audience of men of quality to be admitted ; then did some principal councellors send for us of the learned councel , and notifie her majesties pleasure unto us ; save that it was said to me openly , by some one of them , that her majesty was not yet resolved whether she would have me forborn in the business or no. and hereupon might arise that other sinister and untrue speech that i hear is raised of me , how i was a suitor to be used against my lord of essex at that time ; for it is very true , that i that knew well what had passed between the queen and me , and what occasion i had given her both of distaste and distrust in crossing her disposition , by standing stedfast for my lord of essex , and suspecting it also to be a stratagem arising from some particular emulation , i writ to her two or three words of complement , signifying to her majesty , that if she would be pleased to spare me in my lord of essex's cause , out of the consideration she took of my obligation towards him , i should reckon it for one of her highest favours ; but otherwise desiring her majesty to think that i knew the degrees of duties , and that no particular obligation whatsoever to any subject , could supplant or weaken that entireness of duty that i did owe and bear to her and her service ; and this was the goodly suit i made , being a respect no man that had his wits could have omitted ; but nevertheless , i had a further reach in it ; for i judged that dayes work would be a full period of any bitterness or harshness between the queen and my lord ; and therefore if i declared my self fully according to her mind at that time , which could not do my lord any manner of prejudice , i should keep my credit with her ever after , whereby to do my lord service . hereupon , the next news that i heard was , that we were all sent for again , and that her majesties pleasure was , we should have all parts in the business ; and the lords falling into distribution of our parts , it was allotted to me that i should set forth some undutiful carriage of my lord , in giving occasion and countenance to a seditious pamphlet , as it was termed , which was dedicated unto him , which was the book before mentioned , of king h. . whereupon i replied to that allotment , and said to their lordships , that it was an old matter , and had no manner of coherence with the rest of the charge , being matters of ireland , and therefore that i having been wronged by bruits before , this would expose me to them more : and it would be said , i gave in evidence mine own tales . it was answered again , with good shew , that because it was considered how i stood tied to my lord of essex , therefore that part was thought fittest for me which did him least hurt ; for that whereas all the rest was matter of charge and accusation , this only was but matter of caveat and admonition ; wherewith though i was in mine own conscience little satisfied , because i knew well a man were better to be charged with some faults , then admonished of some others : yet the conclusion binding upon the queens pleasure directly , volens nolens , i could not avoid that part that was laid upon me ; which part , if in the delivery i did handle not tenderly ( though no man before me did in so clear terms free my lord from all disloyalty as i did ) that your lordship knoweth must be ascribed to the superiour duty i did owe to the queens fame and honour in a publick proceeding ; and partly , to the intention i had to uphold my self in credit and strength with the queen , the better to be able to do my lord good offices afterwards ; for assoon as this day was past , i lost no time , but the very next day following ( as i remember ) i attended her majesty , fully resolved to try and put in use my utmost endeavour , so far as i in my weakness could give furtherance , to bring my lord speedily again into court , and into favour ; and knowing ( as i supposed at least ) how the queen was to be used , i thought that to make her conceive that the matter went well then , was the way to make her leave off there : and i remember well , i said to her , you have now , madam , obtained victory over two things , which the greatest princes in the world cannot at their wills subdue : the on is , over fame ; the other is , over a great minde ; for surely the world is now , i hope , reasonably well satisfied ; and for my lord , he did shew that humiliation towards your majesty , as i am perswaded he was never in his life time more fit for your majesties favour then he is now : therefore if your majesty will not marr it by lingring , but give over at the best ( and now you have made so good a full point , receive him again with tenderness ) i shall then think that all that is past , is for the best . whereat , i remember , she took exceeding great contentment , and did often iterate and put me in mind , that she had ever said , that her proceeding should be ad reparationem , and not ad ruinam ; as who saith , that now is the time i should plainly perceive that that saying of hers should prove true . and further , she willed me to set down in writing all that passed that day ; i obeyed her commandment , and within some few dayes after brought her again the narration , which i did read unto her in two several afternoons : and when i came to that part that set forth my lords own answer ( which was my principal care ) i do well bear in mind that she was extraordinarily moved with it , with kindness and relenting towards my lord , and told me afterwards , ( speaking how well i had expressed my lords part ) that she perceived old love would not be forgotten : whereunto i answered suddenly , that i hoped she meant that by her self . but in conclusion , i did advise her , that now she had taken a representation of the matter to her self , that she would let it go no further : ( for , madam , said i ) the fire blazeth well already , what should you tumble it ? and besides , it may please you keep a conveniency with your self in this case ; for since your express direction was , there should be no register nor clerk to take this sentence , nor no record or memorial made up of the proceeding , why should you now do that popularly , which you would not admit to be done judicially ? whereupon she did agree , that that writing should be suppressed ; and , i think , there were not five persons that ever saw it . but from this time forth , during the whole latter end of that summer , while the court was at non-such and oatland , i made it my task and scope to take and give occasions for my lords redintegration in his fortunes . which my intention i did also signifie to my lord , as soon as ever he was at liberty ; whereby i might without peril of the queens indignation write to him ; and having received from his lordship a courteous and loving acceptation of my good will and endeavours , i did apply it in all my accesses to the queen , which were very many at that time , and purposely sought and wrought upon other variable pretences , but only and chiefly for that purpose . and on the other side , i did not forbear to give my lord from time to time faithful advertisement , what i found , and what i wished . and i drew for him , by his appointment , some letters to her majesty , which though i knew well his lordships gift and stile was far better then mine own , yet because he required it , alledging , that by his long restraint he was grown almost a stranger to the queens present conceipts , i was ready to perform it ; and sure i am , that for the space of six weeks , or two moneths , it prospered so well , as i expected continually his restoring to his attendance . and i was never better welcome to the queen , nor more made of , then when i spake fullest and boldest for him : in which kind the particulars were exceeding many , whereof , for an example , i will remember to your lordship one or two ; as at one time , i call to mind , her majesty was speaking of a fellow that undertook to cure , or at least to ease my brother of his gout , and asked me how it went forwards ? and i told her majesty , that at first he received good by it , but after , in the course of his cure , he found himself at a stay , or rather worse : the queen said again , i will tell you , bacon , the errour of it ; the manner of these physitians , and especially these empiricks , is , to continue one kind of medicine , which , at the first , is proper , being to draw out the ill humour ; but after , they have not the discretion to change their medicine , but apply still drawing medicines , when they should rather intend to cure and corroborate the part . good lord , madam ( said i ) how wisely and aptly can you speak and discern of physick ministred to the body , and consider not that there is the like reason of physick ministred to the mind ; as now , in the case of my lord of essex , your princely word ever was , that you intended ever to reform his mind , and not ruine his fortune : i know well , you cannot but think you have drawn the humour sufficiently ; and therefore it were more then time , and it were but for doubt of mortifying or exulcerating , that you did apply and minister strength and comfort unto him ; for these same gradations of yours , are fitter to corrupt , than to correct any mind of greatness . and another time , i remember , she told me for news , that my lord had written to her some very dutiful letters , and that she had been moved by them ; and when she took it to be the abundance of his heart , she found it to be but a preparative to a suit for the renewing of his farm of sweet wines : whereto i replied , alas madam , how doth your majesty construe of these things , as if these two could not stand well together , which indeed nature hath planted in all creatures ? for there are but two sympathies , the one towards perfection , the other towards preservation ; that to perfection , as the iron tendeth to the loadstone ; that to preservation , as the vine will creep unto a stake or prop that stands by it , not for any love to the stake , but to uphold it self . and therefore madam , you must distinguish , my lords desire to do you service , is as to his perfection , that which he thinks himself to be bound for ; whereas , his desire to obtain this thing of you , is but for a sustentation ; and not to trouble your lordship with many other particulars like unto this , it was at the same time that i did draw , by my lords privitie , and by his appointment , two letters , the one written as from my brother , the other , as an answer returned from my lord ; both to be by me in secret manner shewed to the queen ; which it pleased my lord very strangely to mention at the barr : the scope of which were but to represent and picture forth unto her majesty my lords minde to be such as i know her majesty would fainest have had it ; which letters whosoever shall see ( for they cannot now be retracted or altered , being by reason of my brother , or his lordships servants delivery , long since come into divers hands ) let him judge , specially if he knew the queen , and do remember those times , whether they were not the labours of one that sought to bring the queen about for my lord of essex his good . the truth is , that the issue of all this dealing grew to this , that the queen , by some slackness of my lord , as i imagine , liked him worse and worse , and grew more incensed towards him : then , she remembring belike the continual and incessant , and confident speeches and courses that i had held on my lords side , became utterly alienated from me , and for the space of at least three months , ( which was between michaelmas and new-years tide following ) would not so much as look on me , but turned away from me with express and purpose-like discountenance wheresoever she saw me , and at such time as i desired to speak with her about law business , ever sent me forth very sleight refusals ; insomuch as it is most true , that immediately after new-years-tide i desired to speak with her , and being admitted to her , i dealt with her plainly , and said : madam , i see you withdraw your favour from me ; and now i have lost many friends for your sake , i must lose you too ; you have put me like one of those that the french men call infans perdus , that serve on foot before horsemen , so have you put me into matters of envy without place or without strength ; and i know , at chess a pawn before the king is ever much plaid upon : a great many love me not , because they think i have been against my lord of essex ; and you love me not , because you know i have been for him : yet will i never repent me that i have dealt in simplicity of heart towards you both , without respect of cautions to my self , and therefore vivus vidensque pereo : if i do break my neck , i shall do it as dorrington did , which walked on the battlements of the church many days , and took a view and survey where he should fall ; and so , madam ( said i ) i am not so simple , but that i take a prospect of my own overthrow ; only i thought i would tell you so much , that you may know , it was faith and not folly that brought me into it ; and so i will pray for you : upon which speeches of mine , uttered with some passion , it is true , her majesty was exceedingly moved , and accumulated a number of kind and gracious words upon me , and willed me to rest upon this , gratia mea sufficit , and a number of other sensible and tender words and demonstrations ; such as more could not be : but as touching my lord of essex , ne verbum quidem . whereupon i departed , resting then determined to meddle no more in the matter , as that that i saw would overthrow me , and not be able to do him any good . and thus i made mine own peace , with my own confidence , at that time ; and this was the last time i saw her majesty before the eighth of february , which was the day of my lord of essex his misfortune : after which time , for that i performed at the bar in my publick service , your lordship knoweth , by the rules of duty , i was to do it honestly , without prevarication : but for any putting my self in it , i protest before god , i never moved the queen , nor any person living , concerning my being used in the service , either of evidence or of examination ; but it was meerly laid upon me with the rest of my fellows . and for the time that passed between the arraignment and my lords suffering , i well remember i was but once with the queen , at what time , though i durst not deal directly for my lord , as things then stood , yet generally i did both commend her majesties mercy , terming it to her as an excellent balme , that did continually distil from her sovereign hands , and made an excellent odour in the scents of her people ; and not only so , but i took hardiness to extenuate , not the fact ( for that i durst not ) but the danger , telling her , that if some base or cruel-minded persons had entred into such an action , it might have caused much blood and combustion ; but it appeared well , they were such as knew not how to play the malefactors , and some other words , which i now omit . and as for the rest of the carriage of my self in that service , i have many honourable witnesses that can tell , that the next day after my lords arraignment , by my diligence and information , touching the quality and nature of the offendors , six of nine were stayed , which otherwise had been attainted , i bringing their lordships letter for their stay , after the jury was sworn to pass upon them ; so near it went : and how careful i was ; and made it my part , that whosoever was in trouble about that matter , assoon as ever his case was sufficiently known and defined of , might not continue in restraint , but be set at liberty ; and many other parts , which i am well assured of , stood with the duty of an honest man. but indeed , i will not deny , for the case of sir thomas smith of london , the queen demanding my opinion of it , i told her i thought it was as hard as many of the rest ; but what was the reason ? because at that time i had seen only his accusation ; and had never been present at any examination of his ; and the matter so standing , i had been very untrue to my service , if i had not delivered that opinion . but afterwards , upon a re-examination of some that charged him , who weakned their own testimony ; and especially hearing himself viva voce , i went instantly to the queen , out of the soundness of my conscience , not regarding what opinion i had formerly delivered , and told her majesty , i was satisfied and resolved in my conscience , that for the reputation of the action , the plot was to countenance the action farther by him in respect of his place , then they had indeed any interest or intelligence with him ; it is very true also , about that time her majesty taking a liking of my pen , upon that which i formerly had done concerning the proceeding at york-house , and likewise upon some former declarations , which in sormer times by her appointment i put in writing , commanded me to pen that book which was published for the better satisfaction of the world , which i did , but so as never secretary had more particular and express directions and instructions in every point , how to guide my hand in it ; and not only so , but after that i had made a first draught thereof , and propounded it to certain principal councellors , by her majesties appointment it was perused , weighed , censured , altered , and made almost a new writing , according to their lordships better consideration , wherein their lordships and my self both were as religious , and curious of truth , as desirous of satisfaction : and my self , indeed , gave only words and form of stile , in pursuing their directions : and after it had passed their allowance , it was again exactly perused by the queen her self , and some alterations made again by her appointment ; nay , and after it was set to print , the queen , who , as your lordship knoweth , as she was excellent in great matters , so she was exquisite in small , and noted that i could not forget my ancient respect to my lord of essex , in terming him ever my lord of essex , in almost every page of the book , which she thought not fit , but would have it made essex , or the late earl of essex : whereupon , of force , it was printed de novo , and the first copies suppressed , by her peremptory commandment . and this , my lord , to my furthest remembrance , is all that passed , wherein i had part , which i have set down as near as i could in the very words and speeches as were used , not because they are worth the repetition , i mean those of mine , but to the end your lordship may lively and plainly discern between the face of truth , and a smooth tale. and the rather also , because in things that passed a good while since , the very words and phrases did sometimes bring to my-remembrance the matters , wherein i refer me to your honourable judgment , whether you do not see the traces of an honest man ; and had i been as well believed , either by the queen or my lord , as i was well heard by them both , both my lord had been fortunate , and so had my self in his fortune . to conclude therefore , i humbly pray your lordship to pardon me , for troubling you with this long narration , and that you will vouchsafe to hold me in your good opinion , till you know i have deserved , or find that i shall deserve the contrary ; and even so i continue , at your lordships honourable commandments , very humble , f. b. a discourse touching helps for the intellectual powers , by sir francis bacon . i did ever hold it for an insolent and unlucky saying , faber quisque fortunas suas ; except it be uttered only as an hortative , or spur , to correct sloth : for otherwise , if it be believed as it soundeth , and that a man entreth into an high imagination that he can compass and fathom all accidents , and ascribeth all successes to his drifts and reaches , and the contrary to his errours and sleepings ; it is commonly seen , that the evening fortune of that man is not so prosperous , as of him that , without slacking of his industry , attributeth much to felicity and providence above him . but if the sentence were turned to this , faber quisque ingenii sui , it were somewhat more true , and much more profitable ; because it would teach men to bend themselves to reform those imperfections in themselves , which now they seek but to cover ; and to attain those vertues and good parts , which now they seek but to have only in shew and demonstration . yet , notwithstanding , every man attempteth to be of the first trade of carpenters , and few bind themselves to the second ; whereas , nevertheless , the rising in fortune seldom amendeth the mind ; but , on the other side , the removing of the stones and impediments of the mind , doth often clear the passage and current to a mans fortune but certain it is , whether it be believed or no , that as the most excellent of metals , gold , is of all others the most pliant , and most enduring to be wrought ; so of all living and breathing substances , the perfectest , man , is the most susceptible of help , improvement , imprestion , and alteration , and not only in his body , but in his mind and spirit ; and there again , not only in his appetite and affection , but in his powers of wit and reason . for , as to the body of man , we find many and strange experiences , how nature is over-wrought by custom , even in actions that seem of most difficulty , and least possible . as first , in voluntary motion , which though it be termed voluntary , yet the highest degrees of it are not voluntary ; for it is in my power and will to run , but to run faster than according to my lightness , or disposition of body , is not in my power nor will. we see the industry and practice of tumblers and funambulo's , what effects of great wonder it bringeth the body of man unto . so for suffering of pain and dolour , which is thought so contrary to the nature of man , there is much example of penances , in strict orders of superstition , what they do endure ; such as may well verifie the report of the spartan boyes , which were wont to be scourged upon the altar so bitterly , as sometimes they died of it , and yet were never heard to complain . and to pass to those faculties which are reckoned more involuntary , as long fasting and abstinency , and the contrary extream , voracity ; the leaving and forbearing the use of drink for altogether , the enduring vehement cold , and the like ; there have not wanted , neither do want , divers examples of strange victories over the body , in every of these . nay , in respiration , the proof hath been of some , who by continual use of diving and working under the water , have brought themselves to be able to hold their breath an incredible time ; and others , that have been able , without suffocation , to endure the stifling breath of an oven or furnace , so heated , as though it did not scald nor burn , yet it was many degrees too hot for any man , not made to it , to breath or take in : and some impostors and counterfeits likewise , have been able to wreath and cast their bodies into strange forms and motions ; yea , and others to bring themselves into trances and astonishments . all which examples do demonstrate , how variously , and to how high points and degrees the body of man may be ( as it were ) molded and wrought . and if any man conceive , that it is some seeret propriety of nature that hath been in those persons which have attained to those points , and that it is not open for every man to do the like , though he had been put to it ; for which cause , such things come but very rarely to pass : it is true , no doubt , that some persons are apter than others ; but so , as the more aptness causeth perfection , but the less aptness doth not disable ; so that for example , the more apt child that is taken to be made a funambulo , will prove more excellent in his feats ; but the less apt will be gregarius funambulo also . and there is small question , but that these abilities would have been more common ; and others of like sort not attempted , would likewise have been brought upon the stage , but for two reasons : the one , because of mens diffidence , in prejudging them as impossibilities ; for it holdeth in these things , which the poet saith , possunt , quia posse videntur ; for no man shall know how much may be done , except he believe much may be done : the other reason is , because they be but practices base and inglorious , and of no great use , and therefore sequestred from reward of value ; and on the other side painful , so as the recompence balanceth not with the travel and suffering . and as to the will of man , it is that which is most manageable and obedient , as that which admitteth most medicines to cure and alter it . the most sovereign of all is religion , which is able to change and transform it in the deepest and most inward inclinations and motions . and next to this , opinion and apprehension , whether it be infused by tradition and institution , or wrought in by disputation and perswasion . and the third is example , which transforms the will of man into the similitude of that which is most observant and familiar towards it . and the fourth is , when one affection is healed and corrected by another . as when cowardice is remedied by shame and dishonour ; or sluggishness and backwardness by indignation and emulation , and so of the like . and lastly , when all these means , or any of them , have new framed or formed humane will , then doth custom and habit corroborate and confirm all the rest : therefore it is no marvel , though this faculty of the mind ( of will and election ) which inclineth affection and appetite , being but the inceptions and rudiments of will , may be so well governed and managed , because it admitteth access to so divers remedies to be applied to it , and to work upon it . the effects whereof are so many , and so known , as require no enumeration ; but generally they do issue , as medicines do , into kinds of cures ; whereof the one is a just or true cure , and the other is called palliation ; for either the labour and intention is , to reform the affections really and truly , restraining them , if they be too violent , and raising them , if they be too soft and weak , or else it is to cover them ; or if occasion be , to pretend them , and represent them . of the former sort , whereof the examples are plentiful in the schools of philosophers , and in all other institutions of moral vertue : and of the other sort , the examples are more plentiful in the courts of princes , and in all politick traffick ; where it is ordinary to find , not only profound dissimulations , and suffocating the affections , that no note or mark appear of them outwardly , but also lively simulations and affectations , carrying the tokens of passions which are not ; as risus jussus , and lachrymae coactae , and the like . of helps of the intellectual powers . the intellectual powers have fewer means to work upon them , than the will , or body of man ; but the one that prevaileth , that is exercise , worketh more forcibly in them than in the rest . the ancient habit of the philosophers ; si quis quaerat , in utramque partem , de omni scibili . the exercise of scholars , making verses ex tempore . stans pede in uno . the exercise of lawyers , in memory narrative . the exercise of sophists , and io , ad oppositum , with manifest effect . artificial memory greatly holpen by exercise . the exercise of buffons , to draw all things to conceits ridiculous . the means that help the understanding , and faculties thereof , are not example , ( as in the will , by conversation ; and here , the conceit of imitation , already digested ; with the consutation , obiter , si videbitur , of tullies opinion , advising a man to take some one to imitate . similitude of faces analalysed . ) arts , logick , rhetorick ; the ancients , aristotle , plato , thaestetus , gorgias , litigiosus , vel sophista , protagoras , aristotle , schola sua . topicks , elenchs , rhetoricks , organon , cicero , hermogenes . the neotericks , ramus , agricola , nil sacri lullius . his typocosmia , studying coopers dictionary ; matthaeus collections of proper words for metaphors . agrippa , de vanitate , &c. quaer . if not here , of imitation . collections preparative . aristotles similitude of a shooe-makers shop full of shooes of all sorts : demosthenes exordia concionum : tullies precept of theses of all sorts preparative . the relying upon exercise , with the difference of using and tempering the instrument : and the similitude of prescribing against the laws of nature , and of estate . five points . . that exercises are to be framed to the life ; that is to say , to work ability in that kind , whereof a man in the course of action shall have most use . . the indirect and oblique exercises , which do per partes , and per consequentiam , inable these faculties ; which perhaps direct exercise at first , would but distort . and these have chiefly place , where the faculty is weak ; not per se , but per accidents : as if want of memory , grow through lightness of wit , and want of stayed attention ; than the mathematicks , or the law helpeth ; because they are things , wherein if the mind once roam , it cannot recover . . of the advantages of exercise ; as to dance with heavy shooes , to march with heavy armour and carriage ; and the contrary advantage ( in natures very dull and unapt ) of working alacrity , by framing an exercise with some delight or affection . — veluti pueris dant crustula blandi doctores , elementa velint ut discere prima . . of the cautions of exercise ; as to beware , left by evil doing , ( as all beginners do weakly ) a man grow not , and be inveterate in an ill habit ; and so take not the advantage of custom in perfection , but in confirming ill . slubbering on the lute . . the marshalling and sequele of sciences and practices ; logick and rhetorick should be used to be read after poesie , history and philosophy ; first , exercise to do things well and clean ; after , promptly and readily . the exercises in the universities and schools , are of memory and invention , either to speak by heart that which is set down verbatim , or to speak ex tempore ; whereas , there is little use in action of either of both : but most things which we utter , are neither verbally premeditate , nor meerly extemporal ; therefore exercise would be framed to take a little breathing , and to consider of heads , and then to fit and form the speech ex tempore . this would be done in two manners , both with writing in tables ; and without , for in most actions it is permitted and passable to use the note ; whereunto if a man be not accustomed , it will put him out . there is no use of a narrative memory in academies , viz. with circumstances of times , persons and places , and with names ; and it is one art to discourse , and another to relate and describe : and herein use and actionis most conversant . also to sum up and contract , is a thing in action of very general use . sir francis bacon , to the king. may it please your most excellent majesty , in the midst of my misery , which is rather asswaged by remembrance , than by hope , my chiefest worldly comfort is , to think , that since the time i had the first vote of the lower house of parliament for commissioner of the union , until the time that i was this parliament chosen by both houses , for their messenger to your majesty in the petition of religion ( which two , were my first and last services . ) i was evermore so happy , as to have my poor services graciously accepted by your majesty , and likewise not to have had any of them miscarry in my hands . neither of which points , i can any wayes take to my self ; but ascribe the former to your majesties goodness , and the latter to your prudent directions , which i was ever careful to have , and keep : for , as i have often said to your majesty , i was towards you but as a bucket , and a cestern to draw forth and conserve , and your self was the fountain . unto this comfort of nineteen years prosperity , there succeeded a comfort even in my greatest adversity , somewhat of the same nature , which is , that in those offences wherewith i was charged , there was not any one that had special relation to your majesty , or any your particular commandments : for as towards almighty god , there are offences against the first and second table , and yet all against god ; so with the servants of kings , there are offences more immediate against the sovereign , although all offences against law , are also against the king. unto which comfort , there is added this circumstance , that as my faults were not against your majesty , otherwise than as all faults are , so my fall is not your majesties act , otherwise than as all acts of justice are yours . this i write not to insinuate with your majesty , but as a most humble appeal to your majesties gracious remembrance , how honest and direct you have ever found me in your service , whereby i have an assured belief , that there is in your majesties princely thoughts , a great deal of serenity , and clearness to me , your majesties now prostrate , and cast-down servant . neither ( my most gracious sovereign ) do i by this mentioning of my services , lay claim to your princely grace and bounty , though the priviledge of calamity do bear that form of petition . i know well , had they been much more , they had been but my bounden duty ; nay , i must also confess , that they were from time to time far above my merit , super-rewarded by your majesties benefits , which you heaped upon me . your majesty was , and is , that man to me , that raised and advanced me nine times , thrice in dignity , and six times in office. the places indeed were the painfullest of all your service , but then they had both honour and profit , and the then profits , might have maintained my now honour , if i had been wise . neither was your majesties immediate liberality wanting towards me in some gifts , if i may hold them . all this i do most thankfully acknowledge , and do herewith conclude , that for any thing arising from my self to move your eye of pity towards me , there is much more in my present misery , than in my past services ; save that the same your majesties goodness , that may give relief to the one , may give value to the other . and indeed , if it may please your majesty , this theme of my misery is so plentiful , as it need not be coupled with any thing else . i have been some body , by your majesties singular and undeserved favour , even the prime officer of your kingdom , your majesties arm hath been often over mine in council , when you preceded at the table , so near i was , i have born your majesties image in metal , much more in heart , i was never in nineteen years service chidden by your majesty , but contrari wise often overjoyed , when your majesty would sometimes say , i was a good husband for you , though none for my self . sometimes , that i had a way to deal in business , suavibus modis , which was the way which was most according to your own heart ; and other most gracious speeches of affection and trust which i feed on till this day : but why should i speak of these things which are now vanished , but only the better to express my downfall ? for now it is thus with me , i am a year and a half old in misery , though ( i must ever acknowledge ) not without some mixture of your majesties grace and mercy ; for i do not think it possible , that any you once loved , should be totally miserable . my own means , through miné own improvidence , are poor and weak , little better than my father left me : the poor things which i have had from your majesty , are either in question , or at courtesie . my dignities remain marks of your past favour , but yet burdens withall of my present fortune . the poor remnants which i had of my former fortunes , in plate or jewels , i have spred upon poor men unto whom i owed , fearce leaving my self bread ; so as to conclude , i must pour out my misery before your majesty , so far as to say , si deseris tu , perimus . but as i can offer to your majesties compassion , little arising from my self to move you , except it be my extream misery , which i have truly laid open , so looking up to your majesty , your self , i should think i committed cains fault , if i should despair . your majesty is a king , whose heart is as unscrutable for secret motions of goodness , as for depth of wisdom . you are creator like , factive , and not destructive ; you are a prince , in whom i have ever noted an avertion against any thing that savoured of a hard heart ; as on the other side , your princely eye was wont to meet with any motion that was made on the relieving part : therefore , as one that hath had the happiness to know your majesties near hand , i have ( most gracious sovereign ) faith enough for a miracle , much more for a grace , that your majesty will not suffer your poor creature to be utterly defaced , nor blot that name quite out of your book , upon which your sacred hand hath been so ost , for new ornaments and additions . unto this degree of compassion , i hope , god above , of whose mercy towards me , both in my prosperity and adversity , i have had great testimonies and pledges ( though mine own manifold and wretched unthankfulness , might have averted them ) will dispose your princely heart , already prepared to all piety : and why should i not think , but that thrice noble prince , who would have pulled me out of the fire of a sentence , will help to pull me ( if i may use that homely phrase ) out of the mire of an abject and sordid condition in my last dayes ? and that excellent favourite of yours ( the goodness of whose nature contendeth with the greatness of his fortune , and who counteth it a prize , a second prize to be a good friend , after that prize which he carrieth to be a good servant ) will kiss your hands with joy for any work of piety you shall do for me : and as all commiserating persons ( specially such as find their hearts void of malice ) are apt to think , that all men pity them . i assure my self , that the lords of the council ( who out of their wisdom and nobleness cannot but be sensible of humane events ) will in this way which i go , for the relief of my estate further , and advance your majesties goodness towards me ; for there is , as i conceive , a kind of fraternity between great men that are , and those that have been , being but the several tenses of one verb : nay , i do further presume , that both houses of parliament will love their justice the better , if it end not in my ruine ; for i have been often told , by many of my lords ( as it were in excusing the severity of the sentence ) that they knew they left me in good hands . and your majesty knoweth well , i have been all my life long acceptable to those assemblies , not by flattery , but by moderation , and by honest expressing of a desire to have all things go fairly and well . but ( if it may please your majesty ) for saints , i shall give them reverence , but no adoration ; my address is to your majesty , the fountain of goodness . your majesty shall by the grace of god , not feel that in gift , which i shall extreamly feel in help ; for my desires are moderate , and my courses measured to a life orderly and reserved , hoping still to do your majesty honour in my way : only i most humbly beseech your majesty to give me leave to conclude with those words , which necessity speaketh , help me dear sovereign , lord and master , and pity me so far , as i , that have born a bagge , be not now in my age , forced in effect , to bear a wallett ; nor i that desire to live to study , may not be driven to study to live . i most humbly crave pardon of a long letter , after a long silence : god of heaven ever bless , preserve and prosper your majesty . your majesties poor ancient servant and beadsman . fr. st. alban . certain copies of letters written by sir william cecil knight , secretary of estate to queen elizabeth , to sir hen. norris knight , ambassador for the said queen , resident in france . sir , i am constrained to use the hand of my servant in writing unto you , because i find it somewhat grievous to use mine own at this present : the queens majesty hath received your letters with very good contentation , and alloweth your manner of beginning and proceeding , as well , i dare assure you , as your self could devise ; which i do not in words onely speak , but wish you to take them for as good a truth as i can inform . the rare manner of your entertainment hath moved the queens majesty to muze upon what course it should be , being more then hath been used in like cases to her ambassadors ; and such as besides your own report hath been by others very largely advertised ; and for that in such things guesses be but doubtful , i pray you by your next advertise me what your self doth think of it ; and in the mean time , i know you are not untaught to judge of the difference of fair words from good deeds , as the sayingis , fortuna cum adblanditur captum advenit : the queens majesty meaneth to require this ambassador expresly to write unto the king there , in how good part she taketh this manner of gratefull acceptation of you her servant there , giving him to understand how good report you have made thereof , and how much comforted you are , by this manner , to proceed in her service there . i would have had her majesty to have written her own letters to the king , hereof ; but her majesty made choice rather to speak with the ambassador , which she will do tomorrow , who cometh hither , and la croq which cometh out of scotland , and departeth shortly from hence thither into france , having been a good time in manner as an ambassador with the scotish queen . monsieur moret is , i think , on the way coming hither out of scotland ; my lord of bedford , who came long ago out of scotland , arrived here but of late , and hath brought us good report from the scotish queen , of her good disposition to keep peace and amity with the queens majesty . of late shane oneal hath made means to the lord deputy of ireland , to be received into grace , pretending that he hath not meant any manner of unlawfulness unto the queen ; by which is gathered , that he groweth weary of his lewdness ; and yet i think he is not otherwise to be reformed , then by sharp prosecution , which is intended to be followed no whit the less for any his fair writings , as reason is . of the troubles of the low countries , i think you be as well advertised there as we can be here ; and of the likelihood of the kings not coming into the low countries . i cannot tell whether you are yet acquainted with captain cockburne , whose humor when you know , as i think barnaby can shew you , i doubt not but you shall have of his hand no lack of intelligence , which you must credit as you shall see cause by proof of the event ; he writeth almost weekly to me , and looketh for as many answers , which i cannot have leisure to make him ; but i pray let him understand that i accept his writing in very good part . the manner of the dealing with them there for the particular causes contained in your instructions is very well to be liked ; and i wish the success of the answers to prove as good as the beginning hath appearance , and especially for the relief of the poor prisoners in the gallies , whose stay , i fear , will grow indirectly by monsieur de foix , to get thereby the acquital of lestrille , whom surely he is bound in honor to see restored . since i had written thus much by my servants hand , and meant yester-night to have ended the letter ; i thought good to stay untill this present , that i knew by the french ambassador , what de la crocq should do here ; and amongst other things , the queens majesty hath very earnestly expressed to the ambassador her good liking and estimation of your honorable entertainment , whereof you did advertise her majesty ; and contrary to her former determination , did tell la crocq , that he should carry her majesties letters to the french king , of special thanks for the same ; besides words of visitation , nothing passed this day otherwise ; and therefore meaning not to keep your servant any longer , i end , with my very hearty commendations to your self , and my lady , and wish as well to you and all yours , as to my self : yours assuredly , w. cecil . feb. . . to the right honorable , sir hen. norris knight , the queens majesties ambassador in france . sir , the queens majesty continueth her good liking of your manner of negotiation , and your advertisements to her majesty , which she wisheth you to continue : she also alloweth your discretion , in writing apart to me , in matters containing trouble and business , and to her of advice ; of all other things , she most marvelleth at the answer sent you by monsieur de foix , who seemeth not disposed to perform his promise made to the queens majesty , by a cavillation , alledging it to have been for his master ; wherefore you shall do well to say to him . that upon his answer reported hither , the queens majesty seemeth to make doubt that you have not rightly conceived it ; and therefore she hath re-charged you to speak with himself , and to require his answer ; for you may say , her majesty advertised you that she cannot be well perswaded that you will forget your promise firmly made to her self , for the safe delivery of lestrille ; and when he was escaped of your advertisement , that he was taken , and that he should be returned into england ; and if such a promise be no otherwise kept , being made unto her , you may say her majesty shall finde it strange how to credit an ambassador ; and so her majesty would that you should charge him in fair words , and good manners , the best you can , to obtain lestrille . you may do well to learn how many prisoners do remain in the gallies . the strange news of the death of the king of scots will be come thither before these letters ; but by your son you shall know as much as i have . the queens majesty would fain have a taylor that had skill to make her apparel , both after the french and italian manner ; and she thinketh that you might use some means to obtain some one such there as serveth that queen , without mentioning any manner of request in the queen majesties name . first , to cause my lady , your wife , to use some such means to get one , as thereof knowledge might not come to the queen mothers ears , of whom the queens majesty thinketh thus , that if she did understand that it were a matter wherein her majesty might be pleasured , she would offer to send one to the queens majesty : nevertheless , if it cannot be so obtained by this indirect means , then her majesty would have you devise some other good means to obtain one that were skillful . i have staid your son from going hence now these two days , upon the queens majesties commandment ; for that she would have him to have as much of the truth of the circumstances of the murther of the king of scots as might be ; and hitherto the same is hard to come by , otherwise then in a generality , that he was strangled , and his lodging razed with gunpowder ; his father was first said to have been slain ; but it is not true , for he was at glasco at that time . it is constantly affirmed that there were thirty at the killing of him . we look hourely for robert melvin from the queen of scots , by whom we must have that which he hath order to report . the queens majesty sent yesterday my lady howard , and my wife , to the lady lenox to the tower , to open this matter unto her , who could not be by any means kept from such passions of minde , as the horriblness of the fact did require . and this last night were with the said lady , the dean of westminster , and doctor huick ; and i hope her majesty will shew some favourable compassion of the said lady , whom any humane nature must needs pity . after i had written thus far , master melvin came hither from scotland , by whom we looked that we should have heard many of the circumstances of this murther ; but he cannot , or may not , tell us any more then we heard before ; the most suspition that i can hear , is , of the earl bothwell ; but yet i would not be the author of any such report , but onely do mean to inform you , as i hear , and as i mean , when i shall have more . the queens majesty caused the french ambassador to be informed of the answer made to you by monsieur de foix concerning lestrille , who saith , when he hath spoken with the queens majesty here , he will advertise the king then thereof . he seemed to understand , first , how some bargain might be made for lestrille . secondly , whether the queens majesty could not be pleased to have him delivered to you ; but the messenger answered him , that he knew no other , but to have him returned hither according to the promise ; and so you may do well therein to persist . now seeing i am come to no more knowledge from scotland , i will stay your son no longer , wishing him well to come to you , and long to enjoy both you and my lady ; yours assuredly , w. cecill . from westminster , . feb. . postscript . i thank you for your offer , to send me the book de translation ' de religion ' , which i have , but if there be any particular charts newly printed , i pray you send me a callender thereof , and of any new books , where : upon i may chance crave of you some . to the right honorable , sir henry norris knight , the queens majesties ambassador , resident in france . after my very hearty commendations , i send you herewith a letter from the queens majesty , by which you shall understand what her pleasure is for you to deal with the french king ; whereunto you may add , as you see occasion , that you are informed , very credibly , that monlues company , now at their return , are suffered to make port sale of all that they have brought home from the isles of medera . and therefore , if it might please his majesty to give direct order and charge , for due restitution of that which was spoiled from the queens subjects ; it is likely the parties shall be able enough to make recompence , my meaning herein is , that the french king and his council may perceive that it is well known , how these pirates are suffered to do what they will , notwithstanding contrary proclamations ; and yet you shall so utter this matter , as not that you finde fault with this manner of sufferance , for that ought properly to be to the spanish or portugal ambassador , with whom you may sometime deal , to understand how they do know what is done , and how they do interpret it . you shall shortly hear of some special person , that shall be sent thither in ambassage , to joyn with you for the demanding of callis , which is due , by the treaty of cambray , to be restored to the queens majesty the second day of april next ; but who it is that shall come , as yet i cannot advertise . the manner of the death of the king of scots is not yet discovered to us , for the knowledge of the author thereof ; but there hath been proclamation made , that whosoever would reveal the offendors shall have two thousand pound scotish ; and if he were a party , should have his pardon and five hundred pounds ; the day after a bill was set up in edenburgh , in this sort , i , according to the proclamation , have made inquisition for the slaughter of the king , and do finde the earle bothwell , mr. james bafour , parson of flisk , mr. david chamber , and black mr. john spence , the principal devisers thereof ; and if this be not true , spir at gilbert bafour . there were also words added , which i am loth to report , that touched the queen of scots , which i hold best to be supprest : further , such persons anointed are not to be thought ill of without manifest proof . the next day following , a second proclamation was made , repeating the former bill , willing the party to subscribe his name , and he should be pardoned , and have the money according to the first proclamation . the next day , being the nineteenth of february , a second bill was set up in the former place , offering to compear and avow the matter ; so as the money might be put into indifferent hands ; and that sir francis bastine , joseph and moses mishe be taken ; and then he the exhibitor of the bill would avow the whole matter , and declare every mans act . thus far things passed till that day , and since that , i hear that much unquietness is like to grow about that matter ; and the common speech toucheth the earles , bothwell and huntly , who remain with the queen ; but how true the accusations are , i will not take upon me to affirm the one or the other ; neither would i have you to utter any of these things , to make condemnation of any of them , but as reports , not doubting but shortly god will cause the truth to be revealed . there do adhere together with the earl of lenox , the earles of argile , morton , athell , morrey , catness , and glencarne , who mean to be at edenburgh very shortly , as they pretend , to search out the malefactors . of late you wrote unto me of one king an euglishman , who doth misuse himself very much , of whom if you would write unto me somewhat more particularly , for the proof his traiterous speeches , whereby there might be some good ground made , how to have him demanded , you shall hear more thereof , and so shall ( percase ) by the next , though i do not hear from you ; and so fare you heartily well . yours assuredly w. cecil . westm. . march , . postscript . because i have not presently leisure to write to mr. man , ambassador in spain , i pray you to let him understand of such advertisments as i send you , and such other things as you shall think meet ; and to convey the letters by the spanish ambassadors means , resident there in that court. to the right honorable , sir henry norris knight , the queens majesties ambassador , resident in france . sir , i wrote of late to you , that sir thomas smith should come shortly thither , but i think he shall not be there now so speedily as was meant ; for he shall first secretly pass over to callis , to be there the . april , to demand the town , not that we think the governour will deliver it , but to avoid all cavillation which they might invent ( for by law it must be demanded at the very place , and being not delivered , the sum of five hundred thousand pounds is forfeited ; ) master winter shall pass secretly with him to take possession thereof , if they shall deceive our expectation ; but not past three of the council knoweth of winters going . the common fame in scotland continueth upon the earl bothwell , to be the principal murtherer of the king , and the queens name is not well spoken of ; god amend all that is amiss : we heard before your writing , of the french attempt for the prince . we have no news , but all well here ; the matters of flanders go very hard for the protestants ; and if god do not provide for their safety , i look for their ruine . i heard this day , that danvile should be slain : fare you well . yours assuredly , w. cecil . westm. . march . to the right honorable , sir henry norris knight , the queens majesties ambassador , resident in france . sir , by the queens majesties letters , and by this bearer , you shall understand how earnestly her majesty is inclined to help the count rocandolse ; and since the writing of her majesties letters , she hath commanded me that you should make it a principal part of your request to the king , and the queen mother ; that considering the count is a stranger born , and is of the order of france , that his cause might be heard and ordered by the king , and the others of the same order ; and to that end you shall prosecute your request , that the whole cause may be removed from the court of parliament at paris ; wherein her majesty would have you by all good means to persist , as in a request that of it self is honorable , and sometimes , as she thinketh , usual . at the least such as if any the like person being a stranger in her realm , and being honored with the order of the garter , if he would require to have his causes , ( wherein his life or honor were touched ) to be heard by her majesty , and her knights of her order ; he should not be denyed , nor should be by any other judges molested . thus i report to you her majesties good pleasure ; and thereto do add my poor private request , to beseech you not to be weary in the prosecution of this suit . yours assuredly , w. cecil . westm. . march , . to the right honorable , sir henry norris knight , her majesties ambassador , resident in france . sir , yesterday mr. smiths son arrived with some letters from you and him , containing your troublesome negotiation , whereof we hear thought very long . he saith he was constrained to tarry six days at hull , and that his father would be here this night ; you shall hereafter hear of some ill news out of ireland ; and though it be not of great moment , thanks be to god , yet by report of ill friends , they wil be amplified . indeed the . of april , a fire happened in a little fort upon the sea side , at a place called the dirrye , which mr. randolphe first took , in such sort as the houses being all covered with straw , the soldiers were forced to abandon it , being two hundred , and with their captain mr. sentlo , came by sea to knockvergus a castle of the queens ; but for all this it is meant to take again the place , or a better , and to prosecute the rebel , who is in declination . the queen of scots , i think , will be wooed to marry the earl bothwell ; the principal of the nobility are against it , and are at sterling with the prince . fare ye well ; and as i wrot by mr. shute , so assure your self of me , as you mean your self to me : yours assuredly , w. cecil . may . . to the right honorable , sir henry norris knight , her majesties ambassador , resident in france . sir , by your last letter of i understand of the intelligence was given unto you , of preparation of eight ships , to be set out to the seas , which seemeth very strange ; and therefore the ambassador here , who could not get audience of the queens majesty , although he often demanded it , since mr. smiths return , was sent for to come to the council , and was roundly charged with certain depredations committed upon english merchants in the west ; and also with this new preparation , and therewith warned to advertise his master , that we could not long suffer such attempts unrevenged ; and being somewhat amazed with the charge , he denyed the things very flatly , and promised to write very earnestly therein to the king his master . and for conclusion , we said , that we would write unto you , to move the king to make restitution , and to prohibit the going to the seas of any other but of those that were good merchants in this time of peace , according to the treaty ; of which our negotiation you shall hear more shortly by letters from the council , although i thought it good , by this my private letter , somewhat to touch it unto you . this speech with the ambassador was on saturday , the fourth of this present ; and upon importunity of the ambassador , he had audience of the queens majesty this day , to whom he shewed a letter from the king , that percivall coming over with letters of late thither , was stayed at deip ; and the king hearing that he had letters from the queens majesty , ordered to dismiss him , and willed the ambassador to pray the queen to think no offence in it , for the said percivall was to be arrested in france for great debts which he ow'd there ; besides that , as the ambassador saith , he is to be charged there with a murther . after he shewed this letter to her majesty , she called the lord chamberlain and me to her in his presence , being no more of her council then ; and in very round speeches told the ambassador , that she did not take the french kings answer , for the matter of callis , in good part ; and so much the worse , because the queen mother , by her letters sent by mr. smith , wrote that her son had given very benign audience , and so reasonable an answer , as ought well to content her majesty . in which manner of speech , she saith , she is not well used , considering the answer was altogether unjust and unreasonable ; and if hereof the ambassador shall make any sinister report , you may , as you see cause , well maintain the queens answer to be very reasonable , as having cause to mislike the manner of writing of the queen thereon ; which , nevertheless , you may impute to the unadvisedness of the secretaries , for so the queens majesty here did impute it . upon sunday last i received letters from barnaby , your secretary , who therein did very well advertise me of the staying of percival at deip , and indeed i do finde that the cause hath grown from the ambassador here , either of displeasure , or of suspition that he hath against the state ro. condulphe , for whom he knew percival was specially sent ; and finding this day the ambassador very earnest in private speech with my lord of leicester and my self , that percivall would be arrested in france , after that he had delivered the queens letters ; i advised him to write to the contrary ; for otherwise he might provoke us to do the like with his messengers ; and surely , if i may be suffered , so will i use them . i have no more to write unto you ; but i can assure you that the queen of scots was married the . of this may , and the nobility therewith so offended , as they remain with the prince , and keep apart from her ; what will follow , i know not . my lady your wife is safely arrived , and was long with the queen on sunday : i thank you for the little french book which she brought me , the like whereof i had before . yours assuredly , w. cecil . may . . to the right honorable , sir henry norris knight , the queens majesties ambassador , resident in france . sir , the matters of scotland grow so great , as they draw us to be very careful thereof ; i think not but you do hear of them by the reports ; but briefly these they be : the best part of the nobility hath confederated themselves , to follow , by way of justice , the condemnation of bothwell and his complices , for the murther of the king ; bothwell defends himself by the queens maintenance and the hambletons , so as he hath some party , though it be not great . the . of this moneth he brought the queen into the field , with her power , which was so small , as he escaped himself without fighting , and left the queen in the field ; and she yielding her self to the lords , flatly denyed to grant justice against bothwell ; so as they have restrained her in lothleven , untill they may come unto the end of their pursuit against bothwell . the french ambassador , and villeroy , who is there , pretend to favour the lords with very great offers , and , it may be , they do as much on the other side . at this time i send unto you certain packets of letters , left here by mr. melvin , who lately came hither from the queen of scots ; the sending of those to my lord of murray requireth great haste , whereof you may not make the scotish ambassador privy ; but i think you may make robert steward privy , with whom you may confer , for the speedy sending away of the same letters . his return into scotland is much desired of them ; and for the weal both of england and scotland , i wish he were here ; and for his manner of returning , touching his safety , i pray require mr. steward to have good care . our wars in ireland are come to a good pass ; for the arch-traytor shane-oneale is slain by certain scots in ireland , of whom he sought aid ( one murtherer killed by many murtherers ) hereby the whole realm , i trust , will become quiet ; i pray you , of those things that our ambassador in spain , by your letters , may be advertised , whereof i cannot at this time make anyspecial letter unto him , for lack of leisure ; and so , i pray , advertise him from me : i am pitifully overwhelmed with business . sir nicholas throckmorton is shortly to pass into scotland , to negotiate there for the pacification of those troubles . yours assuredly , w. cecil . richmond , . june . to the right honorable , sir henry norris knight , the queens majesties ambassador , resident in france . sir , this your lackquey brought me letters from you , and also from your servant mr. whom he left at rye ; for such business asby his letter he hath certified me , whereof i have informed the queens majesty , wherein she also well alloweth of your circumspection ; and i wish all to succeed as you advise , for otherwise the peril were great . sir nicholas throckmorton hath been somewhat long in going into scotland , and entred by berwick on munday last ; i think the two factions of the hambletons and the lenox's shall better accord then your neighbors where you now live would ; if bothwell might be apprehended , i think the queen , there , shall be at good liberty , for the nobility . my lord of pembrooke perceiving likelihood of troubles there in that country , would gladly have his son mr. edward herbert to return home ; and so , i pray , with my hearty commendations to him , declare my lord his fathers minde ; and if my lord of murray should lack credit for money , my lord steward would have his son give him such credit as he hath , for my lord alloweth well of his friendship . i am sorry that at present i am unfurnished to help you with a secretary ; my servant windebanke is sick , mr. sommers will not be induced to leave his place . so as , nevertheless , if i can procure you any other meet person , by the next messenger , you shall hear . i thank you for the chart of paris , and for a written book to the queens majestie , whereof her majesty would gladly know the author ; and so i end . yours assuredly , w. cecil . richmond , . july , . to the right honorable , sir henry norris knight , the queens majesties ambassador , resident in france . sir , at my last writing by master jenny , i did not make any mention of answer to your request for the provision of a secretary , because i heard that you meant to place one molenenx , if he might be recommended by me ; and truly if he be meet for the place , i do well allow thereof ; for howsoever he did in times past misuse me , i have remitted it , and wish him well . my lord keeper prayeth you to use some good means , to inquire by the way of orleans , of sir ralph pawlet , what is become of him , and where he is , and how he doth . it is certain , on the . of july , the prince of scotland was crowned king at sterling , with all the ceremonies thereto due , and with a general applause of all sorts ; the queen yet remaineth where she was . yours assuredly , w. cecil . windsor , . aug. . to the right honorable , sir henry norris knight , the queens majesties ambassador , resident in france . sir , you shall perceive by the queens majesties letter to you , at this present , how earnestly she is bent in the favor of the queen of scots ; and truely , since the beginning , she hath been greatly offended with the lords ; and howsoever her majesty might make her profit by bearing with the lords in this action , yet no councel can stay her majestie from manifesting of her misliking of them ; so as , indeed , i think thereby the french may and will easily catch them , and make their present profit of them , to the damage of england ; and in this behalf her majesty had no small misliking of that book which you sent me , written in french , whose name yet i know not ; but howsoever i think him of great wit , and acquaintance in the affairs of the world : it is not in my power to procure any reward , and therefore you must so use the matter , as he neither be discouraged , nor think unkindness in me . when all is done , i think my lord of murray will take the office of regency ; and will so band himself with the rest , as he will be out of peril at home . and as for external power to offend them , i think they are so skillful of other princes causes and needs , as i think they will remain without fear . we are occupied with no news greater then this of scotland ; we begin to doubt of the king of spains coming out of spain , finding it more likely for his son to come . in ireland all things proceed smoothly , to make the whole realm obedient ; the deputie hath leave to come over to confer with the queens majesty upon the affairs . my lord of sussex wrot from augusta , the . of july , that he meant to be at vienna the last of july , and also that the emperor meant to be there at the same time . i must heartily pray you to bear with my advice , that in your expences you have consideration not to expend so much as by your bills brought to me by your servant cartwright it seemeth you do ; for truely i have no warrant to allow such several fees as be therein contained , neither did i know any of the like allowed to any of your predecessors ; and in the paying for your intelligences , if you be not well ware , you shall ; for the most part , have counterfeited ware for good money . in matters of importance , or when you are precisely commanded to prosecute matters of weight , it is reason your extraordinary charges be born ; but as to the common advisees of the occurrents abroad , they are to be commonly had for small value , and many times as news for news ; for at this day the common advisees from venice , rome , spain , constantinople , vienna , geneva , naples , yea and from paris , are made so currant , as every merchant hath them with their letters from their factors . if i did not know your good nature , i would not thus plainly write ; and yet if i should not hereof warn you , your expences might increase , and i know not how to procure your payment ; and yet hereby i mean to do my best at all times to help you to allowance for all necessary expences ; and so take my leave . yours assuredly . w. cecil . from the mannor of guilford , . aug. . to the right honorable , sir henry norris knight , the queens majesties ambassador , resident in france . sir , i have had no good messenger of good time to write unto you ; the queens majesty hath been abroad from windsor these twenty dayes , and returned on saturday very well . lignerolls is come out of scotland with very small satisfaction , as i think ; he could not speak with the queen , no more then sir nicholas throckmorton , who also is returning . the hambletons hold out , the earl of murray is now regent ; the queens majesty our sovereign remaineth still offended with the lords , for the queen , the example moveth her . in ireland all things prosper and be quiet ; sir henry sydney shall come onely to confer , and shall return to keep a parliament in ireland . my lord of sussex was honorably received the fifth of august , lodged and defrayed by the emperor , had his first audience on the eight ; the arch-duke charles was looked for within five days ; and now we daily look for sir henry cobham to come in post , at the least , within these ten days . all things are quiet within this realm , thanked be almighty god. i have presently a paper sent me from antwerp in french , very strange , containing an edict , to compell all judges , governors , all officers and councellors , to give attestation of the catholick faith ; if it should be true , it should be a hazard to make a plain civil war. my lady your wife came this night hither to windsor , whom i have warned to write to you by this bearer . yours assuredly , w. cecil . septem . . . to the right honorable , sir henry norris knight , the queens majesties ambassador , resident in france . sir , you may perceive by the queens letter , how this noble man is partly of his own minde , partly by perswasion stayed ; and surely , if either the french king or the queen should appear to make any force against them of scotland , for the queens cause , we finde it , credibly , that it were the next way to make an end of her ; and for that cause her majesty is loth to take that way , for avoiding of standers that might grow thereby . i had provided a young man for you , which could have served very well for writing and speaking of french and english ; but i durst not allow him to serve you in your negotiations , although i know no thing in him to the contrary ; but hearing that you have men that can both speak and write french , and perceiving by the superscription of your letters , that you have one who writeth a good secretary hand , i have thought fit to forbear to deal further with the said party . i thank you for your offer to send me any charts that i should name ; and if you would send me a note of the names of the charts that are thought newest , and of the author of their setting forth , and the places where they be printed , i may chance to trouble you with craving of some . i would be glad to have from you a note of the names of the chiefest nobility of france , and with whom they be married ; adding thereto any other thing that may belong to the knowledge of their lineage and degrees , as you shall think meet : and so for this time i end . yours assuredly , w. cecil . windsor , , sept. . to the right honorable , sir henry norris knight , the queens majesties ambassador , resident in france . sir , after my very hearty commendations , with my like thanks for all your courteous letters to me , and specially for the friendly trust which i see you put in me , to the due answering whereof you shall never finde me wanting . my lady , your good wife , can sufficiently report to you all things from hence , so as i need write nothing presently , but my hearty commendations . and where it seemeth you think some hardness , in not allowance of your expences , expressed in sundry your bills ; surely it is not lack of my good will that stayeth me , but power ; for truly i never subscribed so many extraordinary bills for any , as i have done for you ; and , as i understand by your servant cartwright , i have subscribed more in some of them then will be as yet paid . generally , i will subscribe all charges reasonable for carriage of letters ; but concerning entertainment of men to continue at the court , or for rewards , given extraordinarily , i never did , nor could allow them ; and yet i wish them paid , being laid out in the service of her majesty . and , in this manner , i heartily pray you to interpret my good will to the best ; for surely if you were either my brother or son , i have no more power to shew you and yours good will , then i do . the duke of chastilherant is at deip , and meaneth within these ten days to be here , as his servants report ; i think he shall not be able to annoy the lowth , as he and his , i see , do desire . bothwell is not yet taken , to our knowledge , though it be said he should should be taken on the seas , by a ship of breme : and so i end , as i began . yours , as your own , w. cecil . windsor , . octob. . to the right honorable , sir henry norris knight , the queens majesties ambassador , resident in france . sir , your servant jenny arrived here yester-day , with your letters of the first day of september ; by which the queen was greatly satisfied , for that we had received divers brutes of the troubles of france , whereunto we know not what credit to give ; and now considering the ice is thus broken , you must think we shall daily be molested with uncertain reports . the queens majesty advertised the french ambassador , and monsieur de pasquiers , of as much as she heard from you , who were not a little troubled before , by reason of strangers news spread abroad , and more dangerous ; for otherwise they had heard no manner of thing of credit out of france , although of late time they had sent three several messengers ; so as i do guess that the passages be stopped to them , and i wish they be not also to you too . i finde her majesty disposed , upon the next hearing from thence , to send some special gentlemen thither ; before which time , her majesty being moved by me according to your desire , yet will not agree to send to you any currier . my lady , your wife , was ready to depart towards you upon wednesday last , and would not be stayed from her journey by any perswasion ; what she will do now upon your servants coming , i know not ; but , in my opinion , she shall do well to forbear the venture . this letter which i do write , i do send by your footman , wherein i dare , as the time is , write nothing but that which may be seen of all sorts . that which you wrote of late to me touching jenny your servant , i assure you ought not to be imputed to him , but to such in scotland , to whom being uttered for their good , they could not use it as was meet . we have nothing in scotland , but all things therein be quiet since the last of september , at which time the castle of dunbar was rendred to the earl of murray ; and one name the lord wawghton , follower of the earl bothwell , which kept the castle as long as he could , was adjudged to pay for the charges of them which besieged it ; and the charge of the carriage of the ordnance back to edenburgh , a new kind of punishment , sufficient enough for such a beggar . and so wishing that we may hear often from you ; i end with this also , that it shall behove you , to take good heed whose reports you credit in this variety . yours assuredly , w. cecil . . oct. . to the right honorable , sir henry norris knight , the queens majesties ambassador , resident in france . sir , i heartily thank you for your gentle letters sent to me by your two last messengers , william wade , and crips ; both which persons come to me , being at london , because it was term time , where i am for the more part , saving sundays and holidays ; by which occasion , i have at both times sent your letters to the queens majesty , so as i have not had the commodity to see your advertisements ; nevertheless , you shall do well to continue your accustomed manner of advertising her majestie as fully as you can ; for in these troublesome times , the accidents being so diversly reported as they are , it is meet that her majesty should be largely advertised ; and because it may be that your letters may come in this term time whiles i am at london ; i pray let me have some repetition of your advises in such letters as you shall write to me . this bearer , your servant crips , can make full report to you of all matters here . my lady your wife also hath been very careful to have him return to you , and would have some other of more weight ; but the queens majestie forbeareth to send any , because of the uncertainty of the time dover a in misliking o● and of f wherein all is done that can be by b , to cover the same , and as i think the principal is for that a is , and doubtful of giving . subjects ; nevertheless , you shall do well as occasion shall serve for this we here well perceive that is we look daily to hear a certainty of the , howsoever , percase , they there mean to let it . in scotland all is quiet , the queen continueth in lough-levin , in very good health ; and the earle of murray ruleth quietly as regent ; and so i end , yours assuredly as your own , w. cecil . hampton court , . nov. to the right honorable , sir hen. norris knight , the queens majesties ambassador , resident in france . sir , before mr. bridges came , who arrived here on saturday last , with your letters dated the . we were much troubled with variety of reports , of the encounter betwixt the constable and the prince ; and by him we are well satisfied to hear that we think to be truth , although otherwise men report on the other side . your servant crips was sent hence , and , as i hear , was stayed for lack of winde to pass , six or seven days at rye ; but seeing mr. bridges met him so neer paris , i think he came in safety to you . and now , for your further satisfaction , i send this bearer mr. jenny , whom truly i think honest and careful , and in the matter imputed unto him , i take him to be cleer . mr. bridges shews himself towards you very friendly , and , in his reports , very wise and discreet ; surely i do like him well . the oftner you can send , the better it is , in this busie time . the french ambassador perswadeth us , that all our merchants at rohan are by his means at good liberty to use their trade ; which if they be , i know the thanks belong to you . i wish to have a callender of them which are with the prince , and also to see the edicts that have lately passed from the king against them . yours assuredly , to command , w. cecil . to the right honorable , sir henry norris knight , the queens majesties ambassador , resident in france . after my very hearty commendations , my lady , your bedfellow , having not heard from you this good while , hath thought good to send over one of hers purposely to see you , and to bring her word again from you ; by whom i would not fail to write these few words unto you ; not having any thing to write at this time , but of the prosperous state of all things on this side . the last letters from you hither were by your servant henry crips , who was dispatched home again towards you the fourth of this moneth ; the want whereof is not imputed to be in you , for lack of diligence and good will to write , but partly to the dangerous time , and hard means to send when you would , and partly , for lack of knowledge of the doings of the contrary part , which in such a time are not easily known ; but , as you may , you shall do well to advertise how things pass there , at the full . the french ambassador was with the queens majesty on wednes - the . of this present , who had no great news to impart to her majesty , but came onely , as he said , to see her majesty . his last letters out of france , he said , were of the . of october ; in talk with me he told me , that by his letters he understood , that the king had sent for you at the time of the sending away of his dispatch , whereby he judged that you might have occasion to write hither shortly ; and that your messenger was , in likelihood , on the way hitherwards ; so as if he be not hindred by the way , your letters are looked for very shortly ; or for lack of his coming , it will be , indeed , thought that he is stayed ; your next advertisement will shew it , which is daily looked for : and thus i wish you , in this dangererous time , all safety and health . your very assured loving friend , w. cecil . from the court at hampton-court , . nov. . to the right honorable , sir henry norris knight , the queens majesties ambassador , resident in france . sir , you must think , that seeing all the parts of christendom are intentive to hear of the maters of france ; we cannot be careless , to whom the same belongeth next of all , whatsoever the end thereof shall be . your last letters brought hither came with good speed ; being dated the . of december , they came the fourth of this january . of the news therein contained , mentioning the encounter betwixt mountgomery and the kings vantguard , about the . of december . i had letters dated in paris the . which did express the same more particularly , but i dare not credit them . your good advice given to her majesty in the said letter , is well to be commended . of the state of our things here , there is no new thing to write ; all things , thanked be god , are quiet . in scotland they have ended their parliament ; wherein , as i hear , they have enacted the coronation of the king , the authority of the regent to be good , and have noted the queen to be privy to the murther of her husband . my lady , your wife , hath been a little sick , but is now well recovered , and hath instantly required me to send away this bearer , because she had writings to send you ; otherwise i would have had him stayed two days to have heard some more news from thence . i thank you for the articles which you last sent me ; but lacking the articles of the other side , i could not well understand those which you sent me : and so i end , westm. . jan. . yours assuredly to use or command , w. cecil . to the right honorable , sir henry norris knight , the queens majesties ambassador resident in france . sir , it is to us here thought very long since we heard from you , your last being of the fourth of this moneth , sent by young cornwallis , specially because we are troubled with such diversity of reports , that what may be taken for truth , is uncertain . beside this , i cannot but let you understand , that the lords of the council are desirous to hear more largely and particularly how things do pass ; wherein they seem to require such a dilligence as sir tho. smith was wont to use , who sought to understand , and so continually did write what was done , almost every other day , making , as it were , a journal or a diarium . but , in my opinion , i have shewed them that it is not so easie for you to do it in this time , considering the armies and their accidents are far from paris , and as i think , very great heed given , that no advertisements should be given you , but such as you should not think worthy of writing : nevertheless , for their contentations , i wish you would write of as many things as you can , whereby they shall both be content ; and what they hear from other places of the same things , they shall better discern what to think true . . m. . to the disadvantage of r. all things here are in quietness , i think master vice-chamberlain shall be deputy of ireland , for that sir h. sydney is sore vexed with the stone in the bladder ; and so i take my leave , thanking you for the offer you have made me to provide for me certain charts , of the which i am bold to name nine , as i have noted them in the paper included . yours assured , w. cecil . . january , . to the right honorable , sir henry norris knight , the queens majesties ambassador , resident in france . sir , after my hearty commendations , the queens majesty , and my lords of her council , have been reasonably well satisfied of late by your two dispatches , wherein you have largely and well written , the last being of the . sent hither by the means of glover of rohan ; the other of the . brought hither by this bearer your servant ; before the coming whereof , we had plenty of uncertain news brought hither , by the means of the passages , sometimes from diep , sometime from bulloigne ; but comparing them with yours , we make them as refuse , and yours as clean metal . and truely i finde that to be true which you write , that you see good cause to forbear writing of every thing there , finding by experience that the greater part of reports brought thither proved not the truest . i am glad there is no occasion here to requite you with any news , for god blesseth us with continuance in our accustomed quietness , for the which , i wish , we might but yield half the thanks . the queens majesty is in good health , and was purposed of late to have gone abroad for her pastime , as she did this time twelve moneths , but the foulness of the weather hath letted it . there were certain scots , which newly returned into ireland , about november last , but they found themselves disappointed of such aide as they looked for , and so are gone , and scared , whereby the realm remaineth quiet . the earl of desmond , and his brother sir john , be here in the tower , chargeable rather with disorders for private quarrels then for any untruth ; whereupon some think , that whilst they remain here , good order may be better stablished there . in scotland things are quietly governed by the regent , who doth acquit himself very honorably , to the advancement of religion and justice , without respect of persons . my lord of sussex , by his last letters of the . of january , looked for his resolute answer in such sort at that time , as he hoped to be at antwerp , before the end of this moneth . what his answer is like to be , i assure you on my faith , neither do i know , nor can likely conjecture . i perceive by some of your letters of late , that you were somewhat troubled with light reports of news from hence , and therein you thought it strange that you could not hear thereof from me . you may be sure that in such a case i would have given you some knowledge , if any thing had hapned . more as yet i have not at this present , but heartily to thank you for the young horse you have bestowed upon me ; wherein you see my overmuch boldness of your friendship , as in many other things ; and so i heartily take my leave : i wish to have a bill of the names of the principal persons , with the place . yours assured , w. cecil . westm. . feb. . to the right honorable , sir henry norris knight , the queens majesties ambassador , resident in france . sir , your last letters be dated the . of feburary , by which they i perceive you did , two days before , make earnest suit on the behalf of the poor men at marsciles , wherein surely you did very charitably ; besides that , it toucheth the queens majesty , in honor , to have them deliveed ; and so her majesty alloweth your doings therein , and therefore you may do well to continue it . i doubt the former answer will be renewed , that is , to have the interest of d'estrill fully remitted , which belongeth properly to some of the queens subjects , who have spent a great deal of money in the pursuit thereof , by attendance onely for that purpose upon this court , more then two or three years , which of my own knowledge i understand to be true ; insomuch as they have been forced to be relieved out of prison , for very debt grown by this their suite . of late they of rye took certain fishers of diepe , which had come upon our shoar in the night , and fished with sundry netts of unlawful size , such as are both by the ordinances of france and england , on both sides , condemned ; and being kept in ward by them of rye , the ambassador made earnest suite for them ; but after the nets were brought up , and some of the parties also , and plainly proved before them , that they were far unlawful ; it was agreed by my lord steward and the officers of the houshold , here , in the favor of them , that they should be released , and have their nets , with faithful promise , never to use the same again upon our coast : hereof it may be you shall hear ; but i assure you , considering the unreasonableness of their nets , i think they had too much favor , in that the nets were not burned . the queens majesty , this morning , willed me to write unto you , that you should obtain licence of the french king , to send for , by safe conduct , your nephew champernoune , which is with the count mountgomery , whom his father thought to have remained in normandy with the countess ; but now since dinner , i perceive by sir arthur champernoune , he would be loth to seem to send for him ; and therefore you may do herein as sir arthur champernoune shall by his letter sent unto you , at this time , move you ; for indeed i think the count mountgomery would be very loth to part with him , for opinion sake . the lord of arbroth came lately out of scotland this way , and spoke with the queens majesty , pretending to go into france to sollicite aide for the delivery of the queen of scots ; he came out of scotland without licence or knowledge of the regent there this way of late , but i trust shortly to hear from of such things as he carryed with him . your admonition of o was well allowed of , but about that matter we are otherwise occupied , if things may fall out as are meant , whereof i cannot write any more , because as yet the iron is not in the forge . i thank you for the edicts published and printed in paris , which you sent me , praying you that you will hereafter continue , in the same mauner , to send me any thing that is there published . having not heard of any thing from you since the . of this moneth , ( this being the ) i am in some perplexity what to think of matters there ; for howsoever rumors and news be brought from the sea coast ; neither do i believe any for the truth , but such as are confirmed by you ; and hereby you may perceive that the oftner you write , the more pleasure you do me . yours assuredly , w. cecil . west . . feb. . postscript . i hear that glover of rohan is very ill used . i wish you could help him , as you shall understand his grief . to the right honorable , sir henry norris knight , the queens majesties ambassador , resident in france . sir , your last letters that have come to my hands , were of the . of feb. brought hither by one bogg , of the french kings guard , who having tarryed , as he said , fourteen days at diep for lack of passage ; by that means came very slowly hither ; and therefore you must think we be here much troubled for lack of certain advertisements from you , whilst we hear from other parts reports so diversly : nevertheless , i do think and affirm , that there be some letters dispatched from you since the date aforesaid . those which you wrote last to the queens highness , were well and amply written ; and so i wish you should do with the rest hereafter . you may perceive by the queens majesties letter , which i send at this time , her sincere meaning , which if it be well taken , it is well bestowed ; and yet i think she should not finde the like courtesie and good meaning , if she had need of the like , from the which i pray god long keep her . her majesty is well disposed to send some thither , if she thought she might do good towards the peace , against which i think , plainly , all ambassadors but your self are vehemently disposed ; and so it appeareth by the fruits of their councils ; and if you told the queen mother , so as of your own head , as a thing you hear spread abroad in the world , i think you might do well and speak truely ; for as for the popes ministers , their profession is to prefer the state of their corrupted church before the weal of any kingdom in the earth ; and whatsoever come of any thing they look onely to the continuance of their own ambitious ruling ; and as for other ministers of princes , or for men of war ; it is a truth infallible , the more they do impoverish that monarchy of france , the better they think their own estates ; and if the queen-mother and other good councellors of the king , do not understand this , you may say , if you can in good terms , oculos habent & non vident . our matters here in england remain as hitherto they have long done , by the goodness of god , in great quietness . this day i had letters from my lord of sussex , of the first of this moneth , from antwerp , who , i perceive , meaneth to pass over the seas hitherwards this night , so as , i think , he will be here by munday , what he bringeth , i know not at all . bredrood is dead at collen ; the count of berry , eldest son to the prince of orange , is in zealand , ready to be carryed into spain ; it is doubted that the counts of egmond and horne shall follow . yours assuredly , w. cecil . march , . . to the right honorable , sir henry norris knight , the queens majesties ambassador , resident in france . sir , you have done very well , in this doubtful time , to write so often hither as you have done ; for that the queens majesty hath been in great expectation , what to judge to be the truth in the middest of so many divers advertisements ; for howsoever we be from other places advertised , we measure the same even by yours . the last letters which you sent , were dated the . of march , which came hither yesterday , being the . and considering the last accident hapned the . by a treachery to have supplanted the good meaning of the peace , i am in opinion that the prince and his should have a reasonable occasion offered unto them to mend their bargain , in certain points tending to their own surety ; which surely if they do not better foresee , me thinks , their danger wil not be far off ; i pray you to continue your vigilancy in exploring of . wherein you may do very well to procure that the r may be induced to withstand that enterprize , as being a matter very prejudicial to the whole london paris , &c. here hath been of good long time , one emmanuel tremelius , who heretofore , in king edwards time , read the hebrew lecture in cambridge ; and hath now been sent hither by the count palatine the elector , to inform the queens majesty of the proceedings of the said elector , in sending his son into france , without intention to offend the king and the realm , or to assist the prince of conde in any thing ; but onely in the defence of the common cause of religion , who now upon the ending of these causes in france will depart hence ; and truely , in my opinion , the said elector hath shewed himself to be a prince of great honor in this action . the prince of orange , hath also sent hither a special gentleman , to declare unto her majesty his innocency in such causes as are objected against him , touching any part of his duty towards the king of spain : and further , also , to shew good cause why he doth not return into the low countries , to appear before the duke of alva , whom he noteth to be a judge not competent , because he hath already notorionsly broken the laws and ancient priviledges of the same countries . out of scotland , i hear , that the hambletons continue in that faction against the regent ; and i believe they be nourished out of france , by means of the abbot of arbroth , who lately came thorough this way . of my lady , your wifes , dangerous sickness ( out of the which she was newly escaping , when your son arrived here ) i doubt not but you are well advertised ; so as i need not to write any other thing , but onely to rejoyce , with you , that she is so well amended . you see , by my writing , that this country , thanked be god , is as barren of news , as that of france is plenteous . sir ambrose cave is departed this life , and as yet it is not known who shall succeed him ; some name mr vice-chamberlaine , some sir henry sydney , some sir ralph sadler , some sir nic. throckmorton ; her majesty can make no ill choice of any of these : and so trusting ere this letter can come to your hands , i shall receive some of yours , containing the resolution of this long lingring peace . yours assuredly , w. cecil . april , . . sir , this evening , harcourte arrived here with your letters , which were long looked for , and be now welcome ; for your satisfaction , by this bearer , you shall understand of the recovery of my lady your wife . the gentleman that lately came hither , named monsieur de beamont , one of the late disorder of france , passeth into scotland , which is not much to be liked . the book which you sent , of the peace , hath not printed in it certain articles , by way of request , made to the king by the commissaries on the princes part ; what answers marginal of the king. i fear much the surety of the prince and his colleagues . i hear by him that came last , now , of strange news at diep , of the king and prince of spain ; i pray you , if there be any of moment , send us word . here is an ambassador arrived from portugal , for to brawle about merchants and maritime matters : for haste , i can write no more . yours assuredly , w. cecil . april , . . postscript . i send you the beginning of the parliament of scotland ; when i have more you shall have more sent you . to the right honorable , sir henry norris knight , the queens majesties ambassador , resident in france . sir , your last letters brought hither , are of the . of april , which came hither the . of the same moneth , by which i looked to have heard where the prince and the admiral was , and what they did ; and how they intended to prosecute the enjoying of the peace , for here we are troubled with very many fond tales ; and i never make good resolution of doubts without your advertisment ; and therefore , i pray , write from time to time , what is done on both parts : you shall do well to give good respect to the pretending to 〈◊〉 〈◊〉 wherein surely may be seen the very intent of the practicers . i heartily thank you , sir , for your plentiful present of so many countries , as you lately sent by harcourte , who indeed did in former times serve me , and with my good favor departed from me ; but if he may serve you , i am glad , for i never knew but good honesty by him : π . ovʒʒ is not a little afraid of these g and h. we hear newly of great attempts towards flanders ; and so having nothing more to write , i am by business forced to end , being assured , that both by your son , and otherwise , you are advertised of all our seen matters here . from greenwich the first of may , which is become a very cold day , . yours assured at all times , w. cecil . to the right honorable , sir henry norris knight , the queens majesties ambassador , resident in france . sir , by the queens majesties letter you may perceive what is her pleasure at this time ; beaton is passing thither , so as i think he will be at the court before the coming of this bearer : in your speaking with the king , you may not by your speech , seem to utter that you know of beatons coming for aid there , upon advertisement given from hence ; for he being advised not to seek aid there , and promised aid here , for his mistris , hath in words allowed thereof ; and saith , that he will forbear to require aide from thence , and will onely but notifie the queens liberty . but yet , surely i am not bound to believe him ; but he hath required us here to say nothing of that which he , at his first coming , told us , that the queen his mistris sent him to france , to require aide of one thousand harquebusiers , and a sum of money , with some ordnance . wherefore , except you shall learn there that he demandeth aid , you shall not speak thereof ; but if he do , then shall ye do well to make mention thereof to the king. i hear daily of the evil observation of the last peace towards the protestants . in flanders and the low countries , i see things will prosper too well in hurt of the religion ; and onely for lack that the prince of orange his party hath of money . yours assuredly , w. cecil . greenwich , . of may , . postscript . and i think mr. vice-chamberlaine shall be controller , mr. sydney treasurer , mr. throckmorton vice-chamberlain , and sir ralph sadler chancellor of the duchy . to the right honorable , sir henry norris knight , the queens majesties ambassador , resident in france . aafter our very hearty commendations , we being made privy to such letters and message as you lately sent by this bearer your secretary , to me sir william cecil , have well considered the same , and do well allow of the good because the and do not mislike the overture , made to you by paris for the diverting of the low good callis and dover ; and although there is no likelyhood of the sequel of this overture for sundry respects ; yet we do allow so well thereof , as we wish you would make such answer to the said party , as : and to that end we are content that you may , if need so require , the giving him to understand , that we will gladly if the matter shall the to us , use our credit towards xx the a , who we hope surely neither can nor will but accept the good will of in every good part ; and so we require you to further that matter with all that you can ; and on our part you may assure the party that it shall be also xx low . the . and so far ye well heartily . your assured loving friends , pembroke , r. leicester , w. cecil . from the court at greenwich , . of june , . to the right honorable , sir henry norris knight , her majesties ambassador resident in france . sir , yesterday being the . of this month , mr. bridges came to the court as we were going from london towards havering , in such sort , as the queens majesty her self seeing him , and knowing that you would not have sent him but with matter of some importance , commanded me forthwith to decipher your letter , which i did , and shewed her majesty ; whereupon she comfortably and constantly seemed not to fear any such devillish practice ; but yet she is earnest in the further discovery of the matter , and liketh well of your advertisement : but she marvelleth that you did not advise more particularly of more special means , to know the , for as he is described to be of chiefest with the as also with we cannot truly hit of no man ; for as there be . or . that do sometime accompany the so are there men of that nation , but they do resort to the wherefore it is necessary that you speak again with the party that gave you this intelligence ; and if the matter be of truth , and disguising to some other purpose , he can as well obtain you the knowledge of the party in certainty , as this to give a guess at him ; for as he hath his intelligence of the matter which he uttered to you ( if it be true ) so may he attain to a more perfect knowledge ; and if the matter be true , and shall be discovered by his means , you may promise him reward of the queens majesty , as of a prince of honor , and so indeed shall he have it ; on the other side , if the matter be not true , but a device , surely he and they that do participate with him are much too blame ; wherefore , sir , i earnestly require you to use all the speed you can herein , and advertise as plentifully as you can , to the satisfaction of her majesty ; for though her highness words have comfort , yet it cannot be but she shall rest perplexed untill more certainty be had . likewise her majesty would have you cause diligent inquisition to be made of the other matter concerning the vi prepared by where and when , and to what end the prepation shall be . we marvail that you write nothing at this time of the prince of conde , &c. for the french ambassador reporteth that he shall come to the king to gallian , the cardinal burbous house ; and that the cardinal of lorrein shall depart from the court , which to me is unlikely for truth . the scotish queen is ordered to remove from carlile , to a castle of the lord scroops in the edge of york-shire next cumberland called bolton ; for where she was appointed to come to tutbury ; the queens majesty , finding her great misliking therein , hath forborn the same . her desires are these , in sundry degrees : first , to come to the queens majesties person , and to have present aid to be restored : secondly , if that cannot be , to have licence to pass into france ; and to these it hath been answered , untill her cause may appear more probable for her innocency , the queens majesty cannot with honor receive her personally ; but if the queen will by any manner of means , honorable , let her cause appear to be void of the horrible crime imputed to her for the murthering of her husband ; she shall be aided , and used with all honor ; whereunto she will give no resolute answer , other then that , if she may come personally to the queens majesty , then she will let it appear how she standeth in the cause : hereupon we stand at a brawl ; she much offended that she hath not her requests , and we much troubled with the difficulties , finding neither her continuance here good , nor her departing hence quiet for us . we here speak of one la mote that should come hither . yours assured , w. cecil . from havering , the . of july , in haste . postscript . and for and x , i pray you put them in comfort , that if extremity should happen , they must not be left ; for it is so universal a cause as none of the religion can separate themselves one from another ; we must all pray together , and stand fast together ; and further , &c. to the right honorable , sir henry norris knight , the queens majesties ambassador , resident in france . after my hearty commendations , though here be no great cause of present dispatch to you ; yet for the return of this bearer your servant darrington , having been long here ; and also to let you understand of the queens majesty proceedings with the queen of scots since her being in this realm , and since my last letters to you , i have taken this occasion to return him to you . the queen of scots having long laboured the queens majesty , both by messages and letters , to have aid of her majesty against the lords of scotland , and by force to restore her to her realm ; her majesty could not finde it meet in honor so to do , but rather to seek all other good means to compass it with quiet and honor ; wherein much travailing hath been spent . finally , the queen of scots hath agreed that her matter shall be heard in this realm , before some good personages , to be deputed by the queens majesty , to meet with some of the lords of scotland , about new-castle , or durham , or neer this way , as shall be found fit ; and so to be reported to her majesty . this way being now resolved upon , and accepted of all parts , the earl of murray hath offered to come himself in person ( if her majesty finde it good ) accompanyed with others of meet condition , to any place , and at any time that her majesty will appoint ; and because the lord herreys , having long been here for the queen of scots , and lately gone to her , hath on his mistrisses behalf required that speed might be used in this matter ; the queens majesty hath by her special letters required the earle of murray , that all expedition may be made , either for his own , or else that some others may come chosen , to be persons of wisdom and dexterity , and void of all particular passion in such a cause as this is ; and upon his answer of the persons that shall be thus appointed there , the queens majesty will , with all speed , send like fit personages from hence to meet with them ; and in the mean time where they the lords of scotland had summoned a parliament of their three estates , to assemble in this next august ; her majesty hath required them to suspend the holding of the parliament , untill the issue of this matter to be heard by her majesty , may come to some end . in this meeting the queens majesty doth not mean to charge the queen of scots , but will hear what the lords can alleadge for themselves , to defend all their doings and proceedings , for imprisoning and deposing their queen , and other matters published by them ; and thereof to cause report to be made to her to be answered ; and likewise to carry such matters as are to come from her , against them ; and upon hearing of all parts , as matters shall in truth fall out , so doth her majesty mean to deal further therein , as honor will lead and move her to do . whilst these things have been in doing , the queens majesty hath been advertised , though not from the queen of scots , that she hath deputed the whole government of her realm of scotland to the duke of chastilheraulte , thereby both to make a party ( as may be supposed ) betwixt him and the earl of murray ; and also to be the earnester to procure forreign aid for his maintenance , whereof her majesty is informed there is a great appearance , having obtained of the french king good numbers of harquebuziers and others , ready to embarque for scotland ; which being true , her majesty hath good cause to let the said king understand , that it is against his promise , as your self knoweth best . and so hath also the said queen assured her majesty , that she will not procure any strangers to come into scotland for her use , untill it may appear what will ensue of this meeting ; but if the contrary fall out , either by her own means , or by the procuring of the said duke of chastilherault in france ; the queens majesty will not onely forbear to deal any further for the benefit of the queen of scots , as hitherto her highness hath done with all honor and sincerity , having had as great care of her cause , as she her self could have ; but shall be justly moved to do otherwise then the said queen or her friends abroad would wish . thus much i thought good to impart unto you of these matters , to the end that if you ( being there ) finde indeed , that the said duke doth obtain any such aide there to be sent into scotland , you may take occasion to deal therein with the king , or with such as you know fittest , for the stay thereof . the queen is now removed lately from carlile to bolton castle , a house of the lord scroops , about . miles within the land , fitter in all respects for her to lye at then carlile , being a town for frontier and war ; the queens majesty doth cause her to be very well and honorably used and accompanied . and thus having no other present matter to write unto you , i thought good herewith to return your servant to you , wishing you right heartily well to do . from the court at endfield , the . of july , . after the end of this letter , your servant wall arrived here with your letters to the lord steward , the earl of leicester , and to me , for answer to the letter which we wrote to you ; which letter , after i had caused to be deciphered , i sent to the court ; to them my self being at my house near waltham , not well at ease , nor in case to go to court. i long much to hear answer of letters sent by your lackque , touching the matter of an italian , whereof i doubt the queens majesty is more careful to hear then she doth here express ; at this time , i have received a letter from an italian there with you , who subscribed his name , who seemeth very importune to have answer , because he may be entertained ; and if he be the party of whom you writ about a moneth past , surely , as i did advertise you , the queens majesty will in no wise hear of any such offers , which she thinketh are but chargeable , without fruit , although i had earnestly moved her majesty to have adventured some small piece of money upon such a man ; therefore i see no remedy but to pay him as well as may be with goods words . and thus i wish you better to fare , then i did at the writing here . your assured loving friend , w. cecil . to the right honorable , sir henry norris knight , the queens majesties ambassador resident in france . sir , by yours of the . of the last moneth , for answer of mine of the . of the same , i finde that you have very diligently and circumspectly travailled in the great dangerous matter , to satisfie the queens majesty , whereof you gave before that intelligence ; and though i perceive that you can come to no more understanding therein , for further satisfaction of her majesty , yet she is very well satisfied with your diligence and care ; and so hath specially willed me to give you knowledge of her allowance of your doings therein . methinketh the parties which tell you such pieces of tales , if the whole were true , might as well tell you the whole as such obscure parts ; which if they do not , you might well alleadge them to be but devices to breed unquietness and suspition ; and as i wrote before unto you , they might be tempted with offer of rewards , that the troth of the matter might be disclosed . the queens majesty , as i am informed ( for presently i am not at the court , by reason of my sickness ) meaneth to have the matter between the queen of scots and her subjects heard in this realm , and compounded ( as i think ) with a certain manner of restitution of the queen , and that limited with certain conditions , which how they shall be afterwards performed , wise men may doubt ; the queen of scots her self , at length , seemeth content to commit the order of this cause to her majesty ; wherein if her majesty 's own interest should not be provided for , the world might think great want in her self , which i trust , she will regard . i am willed by her majesty to require you to continue your diligence in inquisition , what preparations are meant or intended in that country to sent into scotland ; and as you shall finde any , to give speedy knowledge thereof , as i know you would do if you were not thus advertised . there is coming out of spain a new person to be resident ambassador here , who is a commendatory of an order ; in whom i wish no worse conditions , then i have found in this man , for maintenance of amity . our whole expectation ( as yours there is ) resteth upon the event and success of these matters in the low countries , which as they shall fall out , so are like to produce consequences to the greater part of christendom ; and therefore , i beseech god , it may please him to direct them to his honor , and quietness ( if it may be ) of his universal church here in earth ; and so i end , being occasioned to use the hand of another my self , being very unable to write , and fully wearied with inditing thus much : fare you heartily well , from my house in cheston , the . of august , . sir , this bearer , mr. hudleston , acknowledgeth himself so much be-holden to you , as he is desirous to return thither to spend his time , where he may shew himself thankful to you , and to that end hath requested me to write to you by him ; he hath required to be accepted into my service ; but i think him worthy of some better master , and my self am overburthened with numbers , or else i would gladly have accepted him . yours assured , w. cecil . sir , my late sickness hath been cause of my rare writing , and i am sorry to hear of your lack of health ; which i trust you have ere this time recovered . your letters sent by the frenchman of southwark came one day only before cockborne , who came also safely with your letters on saturday last ; i have made the queens majesty privy to both your letters ; and as to the unhappy news of flanders , we had the same worse reported by the spanish ambassador here , then yours did there , who hath made a triumphant story thereof , as far uncredible as any in amadis de gaule ; for in the fighting continually one whole day , there were on lodowicks part slain and devoured . and on the other part but eight , so every one of them killed ten hundred . i understand , that within these three days we shall have the report more reasonable ; for i also hear that the greater number of the men slain were of the dukes part , which i wish to be true is in words content to commit dover a but yet x doth not omit to stir new troubles in v. touching the whereof you have often writ , order is taken to deal with paris ; and surely me-thinks still since the informers will not be known of the particulars in more certainty , that these things are intended to bring us into their play ; but yet no diligence is to be omitted . i think the duke of norfolk , my lord of sussex , and sir walter mildmay , shall be commissioners to treat in the north , betwixt the queen of scots , and her subjects . and so i end , yours assuredly , w. cecil . dunstable , . august . . to the right honorable , sir henry norris knight , her majesties ambassador , resident in france . sir , the sufficiency of the bringer hereof is such , as i need not to write any thing to you by him of importance , to whom any thing may be well committed ; he can best tell you upon what occasion the queens majesty sendeth this message to the french king at this time , which because it is long and of great importance , the queens majesty would have you first translate it into french , and well digest it with your self ; so as you may very perfectly and readily express it in such sort as it is conceived ; and i think , if you would , in the translating thereof , distribute it into sundry members , by way of articles , you should the better carry it in your minde , making thereby an account with your self of the better delivery thereof ; and you shall do well , to let some such as favor the intention of the queens message , to see the copy of the letter , whereby they may , per-case , being called to give advice to the king , further the cause , to the benefit of them of the religion . this day i received your letters , of the date of the . of this moneth by glover , who of late time dwelt in roan , whom i take to be a good honest person ; but of the matter of the jewels , whereof you wrote , upon his report , i my self know no certainty . as for the occurrents of scotland , you shall understand , that where the queens majesty hath determined with the queen of scots , to hear the whole matter , and ( as it seemeth ) to the advantage of that queen , she took such comfort thereof , as she made the earl of arguile lieutenant in one part , and the earl of huntly in another ; and the duke of chastilherault over all ; so as they forthwith leavyed forces , and by proclamation threatned the regent , and all his , with fire and sword , who upon the queens request had forborn hostility , untill the matter might be heard ; and upon the . day of this moneth , the said regent beginning a parliament , which was appointed six weeks before , and quietly holding the same without any armes ; about the . word came to him that the earl of arguile was come to glasco with . and the earl of huntley coming out of the north with a great power to joyn with arguile , and so to come to sterling , to surprise both the place , and the king ; upon which occasion , the earl of murray brake up the parliament , and sent all the power that he had , to stay their joyning together ; and ( as i heard ) the earl of huntley is put to the worse , and so fled home-ward , hereof the queen of scots maketh great complaint to the queens majesty ; you may do well , when you have done your great message , as you see cause , you may charge the queen mother with the breach of promise , if the duke of chastilherault be gone forwards towards scotland with power . yours assuredly , w. cecil . bissiter , . aug. . postscript . i have boldly received from you sundry books ; and i am bold to pray you to provide for me a book concerning architecture , intituled according to a paper here included , which i saw at sir smith's ; or if you think there is any better of a late making , of that argument . to the right honorable , sir henry norris knight , her majesties ambassador , resident in france . sir , your lackquey arrived here on friday in the afternoon ; and because the bishop of reynes hath not yet his audience , i stay your servant wall , to bring the knowledge of that shall pass . the ambassador sent his nephew willcob to require audience , and that it might be ordered to have her majesties council present at the bishops missado ; her majesty answered that they forgot themselves , in coming from a king that was but young , to think her not able to conceive an answer without her council ; and although she could use the advice of her council as was meet ; yet she saw no cause why they should thus deal with her being of full years , and governing her realm in better sort then france was ; so the audience being demanded on saturday , was put off untill tuesday , wherewith i think they are not contented . the cardinal castillon lyeth at shene paris , the rather to displease for callis . i think for e london demanded . the duke of norfolke , &c. are gone to yorke , where the dyet shall begin the last of this moneth . it is callice : london to the contrary shal be there any : : - dover , &c. the success of the matters for good . sir , i pray advertise me what you may reasonably think of practices what or any like to him . i thank you for the book you sent me of architecture ; but the book which i most desired , is made by the same author , and yet intituled , novels per bien bastir , per phileont de l'orn . i thank you for your placarts , and instruments that you sent me by your lackquey , yours assuredly , as your brother , w. cecil . septem . . . postscript . and is well used by a the rather to displease all papists , i think he hath or shall shortly have such comfort for e as steward demanded . it is not meant if x shall be proved guilty of the murther , to restore her to v. howsoever her friends may brag to the contrary ; nor yet shall there be any haste made of her delivery , untill the success of the matter of f and f be seen : i pray you , sir , advertise me what you may reasonably think of sir robert staffords practices with d or any like him . to the right honorable , sir henry norris knight , the queens majesties ambassador , resident in france . sir , after the letters of the queens majesty were closed up at bissiter , her majesty stayed your son , that he might carry with him a letter for the marshall montmorancis wife , for thanks for favor to my lord chamberlains daughter ; and for a token which her majesty now sendeth by your son , being a ring with a pointed diamond . i beseech you cause the letter to her to be indorsed as you shall think meet : for i know not whether she be intituled madam , lady , duchess of calsho , or montmorancy , or otherwise . i write this upon the . being sunday in the afternoon in rycot , where the queens majesty is well lodged , to her great contentation , as she hath commanded me to write to you ; lacking onely the presence of your self , whom she wisheth here untill thursday , that she shall depart from hence ; of which message i pray you take knowledge , and give her majesty thanks , for she bad me to write thus very earnestly ; and so fare you well from your own house , where also i am better lodged then i was in all this progress , we are truly certified by our own ambassador from spain , who is on the way thorough france to return , that the prince is suddainly dead ; but by what occasion it is doubtful . yours assuredly , w. cecil . . aug. . to the right honorable , sir henry norris knight , the queens majesties ambassador , resident in france . sir , i have , as i lately signified unto you , stayed this bearer , john wall , your servant , to the time that this bishop of rhemes should have his audience and be answered ; he was heard on tuesday , and at his departure was required , briefly to put in writing the sum of his speech , which he did , as shall appear by the copy herewith sent unto you : and yet in his speech he touched an offence in the latter end of your message , notingthe doctrine of rome to be contrary to christs ; wherein he amplified before the queens majesty , that seeing his master holdeth the doctrine of rome , therefore your majesty should repute him no christian ; which speech , he said , was hardly born by the king in an open audience ; whereunto some answer hath been made , as you may see , to salve the matter , by turning the sence , that the doctrine of rome was contrary to christs in derogating , &c. onely in this was some difference made , although , indeed , your writing was warranted by the queens majesties letter ; and therefore no fault in any wise found in your doings . i do send you , herewith , the copy of the bishops writing exhibited , and the answer of her majesty thereto , which being put in french was yesterday , before the ambassador , were admitted to her majesties presence , read unto them by one of the clarks of the council , in the presence of the council ; and afterward they were brought unto her majesty , who did confirm her former answer , and so they departed without further debate thereof . it was thought they would have used some speeches concerning the cardinal castillon , whom they finde very well and courteously used here by the queens majesties order ; but they have not hitherto spoken a word of him . at their first being here , on tuesday , they told the queens majesty , that they had newly received letters out of france , by which they were given to understand , that martignes pursued dandelot , and overthrew all his force , and made him to flye ; which news was onely heard and not credited ; insomuch , as the next day following , we heard credibly that martignes had indeed pursued certain followers of dandelot , at the passage of leyer , which dandelot had before safely passed with all his forces , footmen and horsemen ; and perceiving that martignes had used some cruelty upon a small number of simple people that followed dandelot , he returned over the water with his horsemen , and avenged the former injury upon martignes , and from thence went to rhemes ; where finding certain of the presidents or judges , which had given order to destroy all that could be found of the religion , he executed their own law upon some of them , and hanged some of the judges ; which news being brought unto us the day after he had given us the other for a farewell , he was this day welcomed with these ; the rather because they touched his own town of reynes ; and i wish them to be true , to cool their heating of lying . the cardinal castillons wife is come over , whom i think the queen means to use very well . the duke of chastilherault comes hither to morrow to the queens majesty , but i think he shall not be permitted to go to the queen of scots very hastily . if by the next letters it shall not appear , that you can have rowland delivered , and your letters restored , i perceive the queens majesty will be well content that some one of theirs shall be stayed in the like manner : and so i end , yours assuredly , w. cecil . windsor , . oct. . postscript . i pray send me word whether you thought diot to be suspected of the matter concerning the or no. by the next , which shall be by my lady your wise , i will change my cipher . to the right honorable , sir henry norris knight , the queens majesties ambassador , resident in france . sir , this present , being the . your servant came with your letters of the . which i longed much for , not having of a great time heard from you . the prince of orange passing the and his proceeding cannot be unknown to you ; and therefore i leave to write thereof . the french ambassador promised once to write favorably in this poor mans behalf ; but this morning he sent his nephew to me , declaring that considering he perceived much favor shewed by us to the king his masters rebels , he could not , without some misliking , write in favor of our countrimen ; i required of him , whom , in particular , he could name as rebels , that had favor of us ; he would name none ; i told him , we accepted the cardinal chastillon as a nobleman , and a good faithful subject and councellor to the king ; for that upon pride and inveterate malice done to him by the cardinal of lorrein , he was by him and his so persecuted , as he could not live in france without danger of his life ; and i told him we had the more cause to favor him , and all such , because the said cardinal lorrein was well known to be an open enemy to the queens majesty , our sovereign . so he departed , with no small misliking , and i well contented to utter some round speeches . the queens majesty is resolved to set out certain of our ships to britain and guyen , to preserve our burdeaux fleets from depredations ; whereupon i think there will be some misliking uttered there to you , but considering the frequent piracies already committed ; and the menacing of the pyrats to our burdeaux fleet , we can do no other , and so you may answer . i think this ambassador will advertise many devices of suspitions , of our aiding of the prince with money , shot , and powder ; but the king shall never finde her majesty to do any thing therein to be reprehended , if in case of merchandize for salt or wine , the princes ministers can borrow things of our merchants ; i know not how to remedy secret bargains , where merchandize is in use . the treaty of york shall cease for a while , for that some of the commissioners on either side are sent for hither , to confer with her majesty . the queen of scots case appeareth not defensible by her own in so much as they intend another course , to make the duke of chastilherault their head , and provide for themselves . and so having no more at this present , i end with my hearty thanks for your kind accepting of my friendly good will that i bear you . yours assuredly , w. cecil . westm. . oct. . to the right honorable , sir henry norris knight , the queens majesties ambassador , resident in france . sir , it seemeth long since i heard from you , trusting that my lady and your son came safely to you , although their passage was very hard at rye . we hear many divers news of the matters in france ; but i give no credit , untill you shall play the bishop and confirm them . our commissioners at york have heard the queen of scots complaint , and the answer of the other part ; wherein they have forborn to charge the queen with the murther , upon some reasonable respects , not knowing what end they will make if they should charge and prove her guilty ; hereupon the queens majesty hath sent for some on either part . sir ra , sadler came hither yesterday , and the bishop of ross , and the lord harris for the scotish queen came this day , and so shall liddington and mackgill for the prince . it is mentioned to have a composition , whereto the scotish queen , as they say is very willing , dover but a and b , for the more part , are earnestly disposed and if as it is thought very probable , then so to be : for other wise quietness will never long continue . the queens majesty finding her subjects continually spoiled by the french upon the seas , is forced to send mr. winter to the seas with . ships of her majesties , and two barks ; i know how many tales will be spred of his going ; but truly you may avow that his going is wholly to preserve our fleet at burdeaux from piracy , and therefore he is appointed to go towards burdeaux with a hath agreed and for the son to have . i hear say , that some of our merchants in london have bargained with certain merchants of rochell , and thereabout , to buy a quantity of salt , wherewith it is likely that the king there , when he shall hear thereof , will be very suspicious ; but in such cases merchants must be permitted to make their bargains , and so you shall have reason to maintain their doings . the cardinal chastillion sheweth himself so quiet a person , and in all his languages so faithful a servant to the king his master , as he meriteth great commendations ; he medleth in nothing here , but wholly occupyed in exercise of his religion ; he continually lamenteth , that grave councellors perswading peace are not of more power and credit in the court. whatsoever this french ambassador shall report of him , he cannot truly report any evil of him : i hear la mot is on his way , at callis , to come hither . i think surely some of yours are on the way . i pray send me a register or list of the chieftains on the kings part , and also on the contrary . sir , i do send you herewith a new cipher . yours assuredly , w. cecil . to the right honorable , sir henry norris knight , the queens majesties ambassador , resident in france . sir , your last letters that came to my hands , were of the . of the last moneth ; by which you signified to me the advertisements which you then had of the taking of angulesme ; since which time sundry reports are brought hither of battels that should be betwixt the parties , whereof lacking advertisements from your self ; i do give credit unto none , by reason of the diversities of the reports . on sunday last la mot was presented by mounsieur de la forest , the former ambassador , whom the queens majesty hath admitted as ambassador for the french king , and seemeth to like well of his wisdom ; whereof hitherto , for mine own part , i have not had any proof . the cause of the queen of scots is now to be heard here ; for which purpose the duke of norfolk , and the earl of sussex , are sent for from york , and are to be here within these two days ; and presently the earl of murray , the earl morton , with certain other noble men of his part , are already come ; and on the queens part the bishop of ross , and the lord herryes be at london , and do daily look for some other commissioners to joyn with them ; because her majesty meaneth to have the whole matter advisedly heard , she hath appointed an assembly , not onely of her whole council , but of all the earls of the realm , to be here the . of this moneth ; at which time her majesty meaneth to have this cause of the queen of scots fully heard , and therein to take such resolution and end as she shall be advised unto by her said council and estates . the last letters which you sent unto the queen , wherein , as her majesty saith , you made declaration of your message done to that king , concerning the cardinal chastillons being here , was by her majesty casually let fall in the fire , and so burnt ; whereupon her majesty being sorry for that she had not advisedly perused it , willed me to write unto you for the copy of the same letter again , which i pray you to send me by the next . i would be glad to hear a brief , or , as they call it , a list of the names of the principal persons that have a charge now in these wars in france on both parts , with the contents , as near as you can , of their numbers . after the writing hereof this present evening , as the bearer hereof can tell , mr. edmonds came hither with your letters to the queens majesty , by which i am satisfied for those reports that were made of the great sights at angulesme ; and of that which hath been here reported by the french ambassador , of the overthrow of mouvans , which i am glad is not true as he reported ; and so finding nothing else to be answered , i thought good to dispatch this bearer with this my letter , to the intent we might the sooner hear of your news , whereupon dependeth the whole expectation of the christian world . yours assuredly , w. cecil . hampton-court . nov. . postscript . before mr. edmonds came you may see what i wrote of the . to the right honorable , sir henry norris knight , the queens majesties ambassador , resident in france . sir , by your last letter sent to me by this bearer your servant , i perceived how good hap it was , for our satisfaction here , that your letters came not away with the report of the victory , whereof the king there advertised you by a special messenger , untill you had also knowledge of the truth thereof , by villeroys coming from the camp after the first message ; for like as the former part of your letters made mention of a great victory for the king , and an overthrow of the princes whole infantry ; so have many letters been written hither from paris and other places , according to the partial affections of the writers , in affirmance thereof , adding for their confirmation , certain solemnities by processions , and such like , used at paris for the same ; nevertheless , i account the truth to be as in the latter part of your letter , you write that there was no such manner of battel , but certain skirmishes , wherein there was no great inequality ; and yet because i hear it also credibly reported that the prince of conde lodged and kept the field , where the skirmishes were , i think his losses were less then the others ; whereof i think , within a while , to know the truth more particularly . this matter of the queen of scots began to be heard and treated on at westminster the . of the last moneth , since which time there hath been sittings five or six several days ; and yesterday the queen of scots commissioners , having matter to answer , whereby the queen their mistriss was charged with the murther of her husband ; they alleadged that they would go no further , being so commanded by letters from her , received since the beginning of this commission ; and have required to speak with the queens majesty , of whom they pretend they will desire to have the queen their mistriss to come to the presence of her majesty , and answer these causes her self ; whereunto how they shall be answered , i cannot tell ; but for that purpose , and others , her majesty , hath presently sent for her council , who be here at present ; and so shall the queen of scots commissioners be to morrow ; and hereafterward , as matters shall fall out , i will advertise you further , and so take my leave . yours assuredly , w. cecil . hampton-court , . decem. . to the right honorable , sir henry norris knight , her majesties ambassador , resident in france . sir , since my last writing by your servant buffin , i have forborn to write , because i thought both to hear somewhat more from you ; and to have also somewhat here to write unto you . since which time , i have received no letters from you , but such as the poor merchants of ireland brought me , being dated the . of the last moneth , which came hither on saturday last , being the . of this moneth ; and considering the multitude of tales reported here to us , of the conflict about the . i was nothing satisfied with the said last letters ; because touching that matter they did refer me to your former , against which the french ambassador here hath precisely given unto us news , in the name of the king his master , wholly to the disadvantage of the prince ; and therefore , i wish you had written thereof now at the latter time somewhat more particularly . i did of late write to you for the copy of the letter which you wrote unto the queens majesty , touching the speech that was uttered unto you by the king there , concerning the cardinal chastillon , for that , as i wrote unto you , the same letter by casualty was burned before it was thoroughly read and perused , and hitherto i have not heard your answer to the same . we have been here of late much occupied , in the conference with the commissioners of scotland , wherein there hath been eight or nine several sessions ; the sum of the matter is this , the queens party began at york to accuse the regent and his party , whereunto they made their answer and defence ; after which the queens party , by replication , maintained their accusation , and then the conference there stayed ; whereupon the regent being here with the queens majesty , vehemently charged , was driven , for his defence , to disclose a full fardel of the naughty matter , tending to convince the queen as devisor of the murther ; and the earl of bothwell her executor ; and now t●e queens party finding the burthen so great , refuse to make any answer , and press that their mistriss may come in person to answer the matter her self , before the queens majesty , which is thought not sit to be granted , untill the great blots of the marriage with her husband the murtherer , and the evident charges by letters of her own , to be the deviser of the murther , be somewhat razed out or recovered ; for that as the matters are exhibited against her , it is far unseemly for any prince , or chaste ears , to be annoyed with the silthy noise thereof ; and yet , as being a commissioner , i must and will sorbear to pronounce anything herein certainly ; although as a private person , i cannot but with horror and trembling think thereof . in your letters of the . you recommended unto me a cause of your own between you and one brabrook , wherein you write , that one tettersall your atturney should have informed me ; but herein i have not a good while now dealt withall , but whensoever any shall , i shall be glad to shew you my friendship to my power , & sic de caeteris . i am sorry to understand of the sickness of your son , mr. william norris , and therefore i would be glad to hear from you of his recovery , for indeed i do heartily like him and his condition . i have also dealt with my lord of norfolks grace in your matter , for your right to the lord dacres lands , wherein his grace , at the council-table , openly promised his favor . i pray you , sir , commend me to my good lady your wife ; if there be any good charte of france , made since mr. oliver trunkets impression having no date ; i would be glad to have one , to behold therein the particular voyages and passages of these contrary powers : and so i end . yours as your own , w. cecil . hampton-court , . decemb. . to the right honorable , sir henry norris knight , the queens majesties ambessador , resident in france . sir , this bearer your servant came hither the last of december , with your letters of the . and . of the same , wherein he used good diligence ; and for the contents thereof , her majesty is very well satisfied with the diligence of your advertising , being before by reason of contrarious reports in great suspence what to think ; for this french ambassdor now being here , useth an ordinary manner to write unto her majesty , in a certain general sort of the news of that country , as favorably as he may on the kings behalf , as reason is he should ; but yet not without danger of discrediting himself by reporting : untruths . as i conjecture by your advertisements , it is likely that god hath already permitted some great effect to be wrought about this christmas time , by some battail stricken betwixt the two armies ; and howsoever it is , i do not doubt but you will advertise ; and therein the will of god is to be obeyed with thanks , or with patience , as it pleaseth him to give his grace , or to chastise . by your letters also , it appeared that the prince of orange , at the writing thereof , was still in the french kings dominions ; and yet the common report at the same time was that he was departed towards germany , whereof the duke of alva's friends , in the low countries , began to make some triumph . the matter of the queen of scots remains in these termes ; upon the accusation produced by her commissioners , against the earl of murray , they have for their defence shewed so much matter to charge her with the procuring of the murther of her husband , as thereupon motion is made , on her behalf , for covering of her honor , to have some appointment betwixt her and her subjects , which is communed of secretly by two or three manner of wayes ; that is to say , that she should affirm her resignation of her crown to her son , as it hath been made , and live here in england . or else her self and her son to joyn in title , and the earl of murray to remain regent : or , thirdly , her self to remain in title queen , and to live here in england secluded , and the earl of murray to continue regent ; which matters have so many pikes , as the venture is great to take hold of any one of them ; nevertheless in the mean time outwardly she offereth to prove her self innocent , so she may be permitted to come to the queens presence and answer for her self ; which is thought to be the more earnestly required , because it is also thought assured it will be denyed ; and now what is like to grow to be the end thereof , surely i cannot well guess ; for as for my self , i finde my insufficiency to wade so deep , and the violence of the stream so great , as without good company assisting in council , i dare not venture to make any passage ; and so wishing you and my lady , and yours , a fortunate good year , i end . here is a stay made of certain treasure that came out of spain to pass into flanders , which we take to be merchants , and not the kings , as is alleadged ; if it shall prove merchants , we may be bolder to take the use of it , upon good bonds , for an interest . yours assuredly , w. cecil . jan. . . sir , i heartily thank you for the last letters of the first of this moneth , wherein you did well deliver us from some perplexity , being by the french ambassador here otherwise advertised , to the advantage of the cardinalists ; his letters are dated the of december from the king ; and i marvel to perceive by your letters that the skirmish should be the . and the advise should not come to you before the . for thereby it seemeth the camp should be so far off , as in four or five days tidings could not come ; but this i think may be said , that evil news are brought to that court slowly , at the least they are uttered slowly . of this accident of arrest , you shall be by her majesties letters fully advertised ; at the signing whereof , her majesty said that she would have sent a gentle-man expresly to the king ; but she considered that being sent by sea , the journey in this winter time will be very dangerous and uncertain , and to send him thorow france , where the troubles are such as she could not ( either without mistrust of the french king , because the party should pass thorow gascoigne , and the queen of navarrs ( ountry , or without certain danger by souldiers : ) and thereupon you shall so advertise that ambassador of spain , and require him to make advertisement accordingly ; whereunto you may add , that her majesty hath thought of three or four meet persons to be sent thither , for one of them to be an ambassador resident ; but none will be gotten , that with good will will serve , in respect of mr. mans strange and hard handling ; which things her majesty would have you set out more plainly to him , that the king may finde that onely to be the cause why there is no resident ambassador there . and thus i end , having willed harcourte to take some of the proclamations , if they be ready printed in french. yours assuredly , w. cecil , jan. . . postscript . i finde , in a bill of petitions , beginning from the . of august to december , sundry sums of money pressed by you for carriage of packets , to whom i have not answered ; and therefore , hereafter , i pray you write expresly , of what you do there , for avoiding of double charge . to the right honorable , sir henry norris knight , her majesties ambassador , resident in france . sir , since the writing the other letter , dated the . of january , my lady caused her servant to stay for a pasport for two geldings ; and sithence my other letter , we have here news from flanders . v. touching r and therefore we are in a continual expectation what were the very news of a matter that was reported to have hapned the . of december . the more particulars you write hither , and the oftner , the more thankful is your service ; and surely i see nothing so meet for us to understand , as to be often advertised from you , which considering , you may write in your cipher , the oftner you hazard your letters , the less is the peril . we have no news from scotland , but that their parliament is ended ; and amongst other things they have all assented , by act , to decline the queen of scots obtaining to be lawful , because she was privy to the murther of her husband . there were none of the nobillity absent , but such as were of the hambletons . and thus i end my suddain letter , being in a great longing to hear from you . yours assuredly , w. cecil . january . . to the right honorable , sir henry norris knight , her majesties ambassador , resident in france . sir , after , i had written my other letters sent in this packet unto you , which i was to have sent away by one of your footmen ; your servant this bearer , henry crispe , came hither upon thursday last with your letters , dated the . of this moneth ; and perceiving him earnestly disposed to return unto you , i thought best to stay the sending away of your footman ; and to send , as i do , this dispatch by this bearer , which is partly because my former letters shall seem to bear so old a date . and herewith i send unto you , which was not ready before , a memorial , in the spanish tongue , of the matters passed concerning this late arrest ; which memorial her majesty would have you procure with her letters to the king of spain ; and therefore after you have perused it , i wish you should retain a copy thereof , either in spanish or in french , for your better instruction ; and that done , to use all the expedition you may for the conveyance of her majesties letters and the said memorial to the king of spain . since the finishing of the said memorial , you shall understand that d' assondeville hath been here a good time , being not as yet accepted as an ambassador ; for that he hath no special letters nor commission from the king , but from the duke of alva ; and all that he can say for himself , is , that he cometh in the kings name , as one of his privy council , and whatsoever he shall do shall be confirmed by the king , before he will depart out of the realm . he would also privately confer with the spanish ambassador , which hath been hitherto denyed , for that it is meant that the misbehaviors of the said ambassadors should be openly disclosed to d' assonleville , thereby to let it appear how unmeet a man he is to be a minister for amity here , which yesterday was declared to d' assonleville at my lord keepers house , where he came to these of the council following , my lord keeper , the duke of norfolk , the earl of leicester , the lord admiral , my self , mr. sadler , and mr. mildmay ; and that done , he seemed sorry for things past , and yet pressed still to speak with the ambassador , which was not then granted by us , for that we did intend that resolution should grow from her majesty , which , though it be not yet known , i think he shall not be denyed . in these matters we have cause to be somewhat slow to satisfie them , lest they should , according to their accustomed manner , grow too audacious ; what will be the end thereof , i cannot judge , but i trust it will appear that they have begun upon a wrong ground ; and , as it falleth out , i think they shall be found to be behinde hand with us . yesterday , word came to london , that all the english fleet , which were feared should have been arrested in spain , came home safe ; and this day i have heard for certainty that hawkins is arrived at mounts bay , with the queens ship the minnion , having in her the treasure , which he hath gotten by his trade in the indies , and by rigor of the spaniards near mexico was forced to leave the jesus of lubeck upon a leek ; which also he destroyed , that they took no profit thereof ; hereafter i will write unto you , as i shall learn the further truth of this matter , with what cruelty he was used , under pretence of friendship , and of a compact made betwixt him and the vice-roy of the indies , and pledges delivered on both sides for the performance thereof . the queen of scots was removed from bolton , by my lord scrope , and mr. vice-chamberlain , on wednesday last ; so as i think , on monday or tuesday , she shall be at tetbury , where the earl of shrewsbury is already , and there shall take the charge of her ; and with him shall mr. hen. knollis , brother to mr. vice-chamberlain , remain to assist him . of late the queens majesty understanding out of scotland , that the queen of scots faction there had published sundry things , being very false and slanderous ( meaning thereby to withdraw the earl of murrays friends from him , and to bring the queens majesty doings into some question , whereof we also be credibly informed ) the queen of scots , by her letters , was the very cause ; thereupon her majesty ordered to have the contrary notified upon her frontiers , for maintenance of the truth , as by the same you shall understand , which i send you herewith in print . the advertisements which you gave both to my lord of leicester , and me , of the secret cause of the kings going to metz , seemeth to be of such importance , as it is found very needful to provide with speed some remedy , and so we here , for our part , will do our best as serve , which you may consider considering the ; and therefore i pray you attempt all the means you can to advise all parts that shall take the harm . i have no more to write to you , meaning to expect , within three or four days , somewhat from you ; and then i will write by one of your footmen , and so i take my leave . the french ambassador hath been informed of the stay of our ships at rhoan , and on thursday last my lords of the council sent mr. hampton to him to move him , that they might be released within . days , or else we must do the like ; his answer was , that he would do his best ; and he trusted they should be , imputing the cause to our sufferance of the prince of conde his party on the sea to make portsale in our havens , which surely is not by us permitted ; and therefore for his satisfaction , we did yesterday write letters to all officers of ports , to prohibit utterly the vent of any commodities brought in by such men ; and besides this , the ambassador hath required that you would be earnest with the king for the release of our ships , which we told him was not neglected by you ; and so , i doubt not , but you do your best therein . this day the ambassador sent his secretary unto me to complain , that the currier of callis carrying his packet from hence should be searched , and certain packets of letters taken from him , which i told him was true ; and the cause thereof such , as we had more reason to complain thereof then he ; for true it is , that the said currier having but one small packet of the french ambassadors , under pretence thereof , had carryed with him two great fardels of letters of the merchants of the low countries , who were here arrested with their goods , a matter also whereof the said ambassador was forewarned ; and so is the matter to be proved by the letters of the said strangers , which i at present have in my custody ; and so the post was permitted freely to depart with all mańner of letters , which he had of the said ambassador . and so i pray you to make answer therein , as you shall see cause , for so is the truth , and no otherwise . yours assuredly , w. cecil , hampton-court , jan. . . to the right honorable , sir henry norris knight , the queens majesties ambassador , resident in france . sir , of late i have received three several letters from you , the first of the . the second of the . and the last of the . of february , although that of the of february was written to be in january , but i am sure to be mistaken . by the first it appeared , that you could not obtain of mounsieur morviller the names of any ships or merchants of that party which were stayed here ; although they pretended the stay of ours at rhoan to be for that cause : in the same letter you make mention of two dis-courtesies , or as i may rather say , injuries done unto you ; the one by taking rogers your servant , the other by imprisoning the physician to my lady your wife ; of which two matters , you may see by the answer made to the french ambassador , i have made mention . the second letter , of the . which was brought to me by this bearer , containeth matter of burthening you by the queen mother for solliciting the queens majesty , to take some enterprize for callis or rochel , wherein i think your wisdom sufficient to satisfie your self what to think ; for if you had so done , as i know not that you have , it were not unlike , but they there would invent and set abroach , for their advantage , the like matter , if the circumstances were theirs , as they be ours . and where you are charged with conveyance of the rebels letters ( as they call them ) in your packets ; i think the same and the former part are fed with one humor , which is , that though you do not in this sort , yet they surely would so do in the like ; wherefore i wish you to be no ways troubled herewith ; but as the end of the verse is , contra audentior ito ; and yet to hold this rule , to be a minister of good amity betwixt the princes , usque ad aras , that is , as far forth as it be not against the honor of god , and the safety of the queen our sovereign . by your letter of the . which was written after you had closed up the packet brought by this bearer , you advertised me of the news which you had of monsieur gengez ; and of the joyning together of the prince of orange and the duke pipantine , whereof , saving your advertisements , otherwise we hear nothing , but rather the contrary , being spred so by the french ambassador here , with affirmations of great credit . in the latter end of your letter of the . it appeareth you had not then sent away the queens majesties letters to the king of spain , whereof i am very sorry , for her majesty maketh an assured account , that they had been in spain by this time , which i see you did not , because the spanish ambassador was not at court , but at paris ; for remedy whereof , all speed possible would be used to send them by a special man to the ambassador at paris , with some excuse to him of sending the same so late . you shall understand that monsieur d' assenleville , who came onely from the duke of alva , hath been here of long time , hovering to have had access to the queen as an ambassador , which her majesty would not allow of , nor would so much prejudice her self in respect of the unkinde usage of the duke of alva ; and yet nevertheless allowed unto him as much conference as he would with her council ; to whom although he did open , as we think , the sum of his negotiation , yet he pretended to have somewhat more to her majesty , if he might have audience of her , which , otherwise , he said he could open to no body . as to that which he opened to the council , which was a request to have the money released , and the arrest set at liberty ; it was answered , that the money belonged to merchants , and that he could not deny , but added that it was meant to have been lent unto the duke of alva in the low countries , and so as they termed it , designed to the kings use ; as to the restitution of the money , and putting the arrest at liberty , she would neither deny nor grant the same to him , considering he lacked authority to make sufficient contract thereupon ; but when the king himself should send one sufficiently authorized , both to understand , and to redress the injuries done by the duke of alva to her majesties subjects ; it should well appear that the king should be reasonably satisfied on her majesties behalf , and amity and peace should be conserved according to the treaties . and besides this , it was added , that seeing the duke of alva began the arrest first , it was reason they should also begin the release ; and so in the end d'assonle ville appearing to be much miscontented , was licensed to depart , and so is gone , having used all good gentle speech that could be , during his being here ; notwithstanding the report of his great bravery made at callis before his coming , which either was not true , or else purged his choler upon the seas coming hither . thus having , as time could serve me , enlarged my letter , i end , with my hearty thanks to you for the charts of france which i perceive are of the like as i had seen before , so as i think there is no newer printed . yours assuredly , as your own , w. cecil . westm. march , . . postscript . i would gladly know , whether the paper you sent me , containing the emperors answer to the french kings demand , be to be allowed as true . to the right honorable , sir henry norris knight &c sir , by the queens majesties letters you shall perceive in what sort the french ambassador hath sought to frame a tale of slander against you , her majesty hath answered for you , and as long as no other thing can be produced to touch you , it is reason that her majesty should answer as she doth . your servant madder came safely hither four days past , and i have heard from my lady , of harts taking , and the queens majesties letters from him . whereof , as i know upon her advertisement to you , you will use some roundness of speech by way of complaint there ; so have we here not forborn to charge the ambassador with these dis-courteous dealings , who promises earnestly to write to the king thereof . the french ambassador giveth out store of news of the overthrow of montgomery , the taking of his brother , of gonliss death , of the duke of bipots sickness ; of his want of money to go to the feild , but we heard of many contraries to these ; and so i wish you your hearts desire . yours assuredly , w. cecil . westm. . march. . to the right honorable , sir henry norris knight , her majesties ambassador , resident in france . sir , your servant crips came hither yesternight , as i perceive , constrained to follow and accompany monsieur de montassyer , who this day was brought to the queens majesties presence to report the victory which god had given to the french king by a battail , as he termed it , wherein was slain the prince of conde ; whereunto , as i could conceive , her majesty answered , that of any good fortune hapning to the king , she was glad ; but she thought it also to be condoled with the king , that it should be counted a victory to have a prince of his blood slain ; and so with such like speech , not fully to their contentation . before the coming of your letters , we could not firmly believe the reports of the prince of conde's death , but now the will of god is to be interpreted in this and all things to the best . i am sorry to see you so troubled , whereof her majesty is so informed , as she told the french ambassador , that if he will not procure the king his master to cause you and yours to be otherwise entreated , she will revoke you ; in the mean season i pray you keep your former courage , & contra audentior ito . i have been , and yet am , not in sure health , as your son can inform you , whereby i am not able to write any long letter ; when madder was here , i gave him a memorial of sundry things , of which i trust he hath by this time informed you at length . we have heard nothing from rochel since this re-encounter at cognac , but from paris we hear , that saving the loss of the princes person , the other part hath the greater loss in numbers ; and that the admiral did defeat fourty ensigns of mounsieurs army that offered to besiege him in cognac , hereof shortly the truth will be known . i note that this . of march last past had two sundry great effects ; for upon that day , when the regent of scotland should have fought with the duke of chastilherault , they did notably accord the same day in this sort , that the duke acknowledged the young king , and went with the regent to sterling ; and with him , besides other noblemen , the lord herryes , who had been here a vehement commissioner for the queen of scots . besides , it is accorded , that for redress of all private quarrels , there were four noblemen named of either part to end all , who should come to edenburgh the tenth of april to treat thereupon ; and this was unwilling to the queen of scots , who must needs be greatly perplexed therewith ; what will follow , i know not , but the regent is now well obeyed ; the same day we see what was done in poytiers , wherein gods judgements are not to be over much searched . i send you within the queens majesties letter , a paper in a new cipher to which he desireth forasmuch as all power egal to be which i pray you do . and thus i finde my self not able to indure any longer writing , and therefore end . yours assuredly , w. cecil . westm. . april , . sir , after i had closed up this other packet , i had occasion to stay the bearer , partly by indisposition of my health , and also within a day after , by reason of the coming of your son , john norris , with your letters of the . of this moneth , who gave us here to understand of certain discomfortable news which were told him at abeville ; and as it appeareth , were in great haste sent before him by the marshal de cosse to the french ambassador , containing an absolute victory by the kings brother , in a battail besides cognac ; in which it was written , that the prince of conde , and the rest of the nobility with him , saving the admiral and dandelot ( who were fled ) were all slain ; and this news being here dispersed abroad , i thought good to stay the sending away of this bearer , until we might better understand what to think truth herein ; which being now four days , and therein no confirmation of the aforesaid news , but a doubtful maintenance of them ; whereby it is thought that either no part was true , or not in such sort as was reported ; and therefore knowing the necessity of your mans service , i do return him unto you . we understand certainly out of scotland , that there hath been an accord by certain articles made betwixt the regent and the duke of chastilherault and his party , wherein the obedience to the king is acknowledged , and a surcease untill the tenth of april ; at which time the duke and eight more , chosen on both parts , shall meet at edenburgh , to confer of the estate of the queen of scots , how she shall be reputed ; and likewise of recompences for the losses on both parts sustained in these civil wars ; and for performance of this treaty , the duke , the earle of cassels , and the lord herryes , remain with the regent , untill they put in their sons for hostages ; and the regent in the mean time intendeth to use his force to subdue the out-laws upon our frontiers . i received letters even now out of ireland , by which it is written of the defeat of four hundred irish and scots , onely by sixscore englishmen ; i shall continually hearken for your letters , to declare to us the truth of this great tale of the battail of cognac . we hear that the count meighen is newly departed and fled into germany upon fear . yours assuredly , w. cecil . . march , . postscrip . the time serveth me not to write to you of your self , for your motion of leaving that place . to the right honorable , sir henry norris knight , &c. sir , since the coming hither of harcourt , who came hither on st. george his day , as it seemeth , with good haste ; we here have been much unsatisfied , for that we could not imagine what to conceive to be the cause that in so long space we heard not from you ; having in the mean time so many divers tales , as we were more troubled with the uncertainty , then glad of the news ; and toadd more grief , we could not hear from rochel since the re-encounter , untill now by a merchant that came hither within these two dayes past , by whom we are more ascertained then before ; by him we understand , that the loss of the prince is more in reputation then in deed , for that now the whole army is reduced to better order then it was before . the vidame of charles is come to plimouth and his wife , as it is thought , not being well liked of amongst the nobility , because he married so meanly ; indeed it must needs be some reproof to him to come away when service is requisite . since the accord made in scotland the . of march , at easter last , the duke of chastil-herault and his part , hearing , as it is thought of the death , of the prince of conde , and by brute , that the admiral and all that party were utterly subverted , did go back from their agreement , which was , to acknowledge the young king and the regent ; whereupon , as we hear , the duke himself , the archbishop of st. andrew , the lord herryes , and the lord rosbim , are committed to the castle of edenburgh , what will follow i know not ; god stay these troubles that increase so near us ; i think you do hear from mr. killigrew , who is sent to the palsgrave of rheine , and so i end . yours assuredly , w. cecil . april , . . postscript . sir , to avoid some length of my own writing , i do send you herewith the sum of the negotiation lately with the french ambassador , and thereto have adjoyned the copy of the proclamation , that is meant to be made by the queens majesty , which is mentioned in the other writing ; and a copy also of a clause contained in the french kings proclamation ; by all means you may , well understand that which hath passed in this matter , and shape your own speech there accordingly . > w. cecil . to the right honorable , sir henry norris knight , ambassador in france . sir , you have much satisfied us here with your letters sent by madder , who is able to explicate the affairs very sensibly ; and now i have thought good to address to you , hartcourte knowing that he is very serviceable unto you . and as for any news to make recompence to you , i have not , and glad i am that our country doth not yeild any such as france ; and yet in the way of christian charity , i do lament the misfortune of france , marvailling that a country that hath had so many wise men , able to offend other countries , hath none to devise help for themselves . i wish that you would learn of the spanish ambassador there , whether he sent the letters which you delivered to him from the queens majesty . there is some secret means made hither , to come to accord with the low countries , and therein i see the most doubt will be in devising assurance how to continue the accords . our navy hath been ready these fourteen days at harwich , to go with the merchants fleet of wooll and cloth to hamburgh ; and our fleet that was appointed to rochel is , as we think , there , by means of the easterly winds that h●th hindred and stayed the other fleet. god send them both a good return , for they are no small offence to our neighbors ; that to hamburgh , to the duke of alva ; and the other , to the french. the french ambassador continueth a suitor , that no ambassador be sent to rochell ; and that our merchants cannot forbear , specially for salt which cannot be had in other places , although even now great likelihood is of sufficiency to be had , within these . moneths , in england . the earl of murray proceedeth still in uniting to him the lords that were divorced from him ; and specially , of late , the earl of arguile is reconciled to him ; and the like is looked for of the earl of huntley . i have no more , but to end with my commendations . yours assured at command , w. cecil . greenwich , . may , . sir , your last letters , that came hither to my hands , were written the . by which , amongst other things , you wrote of the brute , of the impoisoning dandelot by the means of an italian , of which matter we were here advertised almost ten days before ; the report was in part before he was sick , such assurance have these artizans of their works ; the will of god be fulfilled , to the confusion and shame of such as work them , and such great iniquities . we have certain news from rochell , that dandelot , being opened , the very poison was manifestly found in him . the queens majesty , of late , was very credibly advertised by sight of original letters , of persons of no small reputation in that kings court , which have entreated of the matter , whereof heretofore your self hath advertised concerning the d and for the transterring . and now her majesty would have you use all good means that you can possible , to learn some more truth hereof , and thereof with speed to advise her majesty ; for it is so precisely denyed on the other part here , as nothing can be more . the french ambassador continueth complaining of lack of restitution in general ; yet i assure you he never is refused restitution upon any particular demand ; where , contrarywise , our merchants are daily evil used at rhoan , and specially callis ; and , as it seemeth , the governor of callis regardeth not the ambassadors speeches or promises here ; or else it is covenanted betwixt them to boulster out their doings . mr. winter departed from harwich the . of may , and came to hamburgh the . remained there untill the . and returned safe to harwich the first of june , all in good safety , with the queens ships , leaving two there to return with our merchants . it is found that all the ships in the country dare not deal with six of the queens , being armed as they are ; motion is made of accord betwixt us and the low countries . the earl of murray hath no resistance in scotland . yours assuredly , w. cecil . greenwich , . june , . postscript . sir , it is now accorded , that three of the merchants shall pass over to rohan , to prove what restitution the french will make there , and the like shall be here . because i doubt your slack servants , i do presently send away this bearer ; otherwise i would have staid him to have seen what manner of news this ambassador hath to declare upon tuesday next , at which time he hath required to be heard . i am ready , as i told your son , mr. william norris , to do any thing in my power to pleasure you in your particular causes or suites here ; as the last term , i did deal for you in such as i was required ; yours assuredly , w. cecil . to the right honorable , sir henry norris knight , the queens majesties ambassador , resident in france . sir , your last letters are of the , of june , brought by a merchant residing at rhoan ; and now our daily expectation is to hear , either of the joyning of the duke vypont with the admiral , or else that they have been kept asunder by sight ; we have no news here , being contented with continuance of quietness , which we think to possess , except the motions of the contrary shall come from thence , whereof we have great cause to fear , and the like to prevent . upon a reprizal made by mr. winter here of certain portugals goods , we hear , for certainty , that king of portugal hath arrested the goods of our merchants there , whereof will follow some ja●● , which we think our foes will increase . the queen of scots hath sent one borthick , by whom , at his request , i wrot yesterday , and her secretary rowlye , into france , co procure from the king and his brother 〈◊〉 , some satisfaction to the queens majesty , for avoiding of the opinion conceived of her transaction , with mounsieur d' anjou ; how they shall well satisfie her majesty , i cannot tell ; but , as of late i wrote to you , her majesty would have you explore , by all means that you can , what hath been in truth done heretofore in that case , besides the advertisement ; for her majesty hath seen letters passed betwixt no mean persons of authority there , being adversaries to the religion ; by which it manifestly appeareth , that such matters have been secretly concluded ; and yet the more tryals are made hereof , the better it is . we have , at length , accorded with the french ambassador here , as as you shall see by a copy of writing herewith sent you , and so i take my leave of you . i wish that you would always when you send any with your letters , write what you imprest to them for their charges , for i make full allowance to them all : and so with my hearty commendations to you and my lord , i end . our progress is like to be to southampton . your assured friend at command , w. cecil . greenwich , june . to the right honorable , sir henrry norris knight , the queens majesties ambassador , resident in france . sir , this bearer mr borthick , servant to the queen of scots , hath required me to have my letters unto you , to signifie the cause of his coming ; wherein i can certifie , of my knowledge , no other than thus ; the queen of scots , of late time , amongst other things , to move the queens majesty to be favoureble unto her in her causes , offered to do any thing reasonable to satisfie her majesty , concerning her surety in the right of this crown , as she now possesseth it to her self and her issue ; whereupon answer was given , that though there was no need , for the queens majesties assurance , to have any act pass from her , yet as things were understood , the queen of scots was not now a person able or meet to contract therein ; for it was understood that she had made a concession of all her title to this crown , to the duke of anjou ; with which answer we finde the queen of scots much moved as a thing devised by her enemies in france ; and thereupon she advertiseth the cause to be of the sending of her 〈◊〉 into france to the king his brother , uncles , &c. to make perfect testimony in what sort this surmise is untrue ; and so , as i am informed this is the occasion of the coming of mr. borthick this bearer , who , truly , i have found always a good servant to the queen his mistriss , and a tractable gentleman at all times ; and so i pray you accept him upon my commendations . yours assuredly , w. cecil . westm. . june , . to the right honorable , sir henry norris knight , the queens majesties ambassador , resident in france . sir , your advertisement of the duke of bipont came hither so speedily , as untill seven days after the french ambassador could not understand thereof ; but when he did , he used no sparing to divulge it abroad ; where the count ernest of mansfelt is , we cannot as yet understand ; but from rochell we hear that he is well allowed of the army , and not inferior in knowledge to the duke . the will of god must be patiently received and obeyed ; and what shall ensue hereof to his glory ; we must , if it be good , affirm it to : be beyond our deserts ; if otherwise , not so evil as we have deserved . of late , about the . of june , a rebellion began in the west part of ireland about cork ; wherein we care not for the force of the inhabitants , so they be not aided with some spainards or portugals , whereof we are not void of suspicion ; and therefore we do presently send certain captains with a force by sea from bristoll to cork , meaning to provide for the worst , as reason is . our rochell fleet is safely returned with salt ; and i think the merchants have not as yet brought their whole accomplement . upon your last advertisement of the delays used in giving you pasports , i did peremptorily admonish the french ambassador , that if he did not procure you some better expedition at the kings hands there , he should have the like measure there ; and therefore i think you shall hear some what , whereof i pray you advertise me : and so i take my leave . yours assuredly , w. cecil . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 postscript . an unfortunate accident is befaln to my lord of shrewsbury , being first stricken with a palsey , and now stricken lamentably with a phrensie , god comfort him ; it is likely the queen of scots shall remove to belvoir , in the charge of my lord of bedford . to the right honorable , sir henrry norris knight , the queens majesties ambassador , resident in france . sir , as my leisure is small to write much , so have i not much matter to write unto you at this time ; but onely to send away this bearer your servant unto you , because i think in this time you have cause to use them all . your son , mr. john norris , i think shall be the next by whom you shall understand all our matters here better then i can express in my letters ; and therefore i do forbear to write divers things at this present unto you , which by him you shall more certainly understand ; onely at this time i wish that you could find the means to send some trusty person to there to understand the certainty of the matter , whereof you did last advertise her majesty concerning the for herein it is necessary to be better ascer●ained , then by reports , lest some may inform you of things to move us here , to enter further then will be allow●ble . your constancy in opinion for the maintenance of gods cause is , here , of good councellors much liked , and in that respect i assure you , i do earnestly commend you . yours assuredly , w. cecil . greenwich , . july , . postscript : i pray tha●● may be commended to my good lay , whom i see void of fear of wars , for love of your company . to the right honorable , sir henry norris knight , the queens majesties ambassador , resident in france . sir , your last letters brought unto me by the french ambassadors secretary were of the . of this moneth , the advertisement wherein being in ciphers contented me so much , as i wish you could by the next make me good assurance of the truth thereof ; and if the same be true , met 〈…〉 the contrary party should not forbear to take advantage of the time . this 〈◊〉 the frenth ambassador had to dinner with him , the duke of norfolk , the earl o 〈…〉 the earl of leicester , my lord chamberlain , and my self ; having invited us four or five days past ; where my lord of leicester and i had privately reported the misusage of you by them of your house by the parisians , who seemed to be ignorant thereof , imputing the same to their insolency , reporting , for example , their late boldness in executing of the two merchants which the king had pardoned , whereof your self also of late wrote unto the queens majesty . afterward he entred more privately with me in discoursing of the causes why you were misliked there , to be onely for the intelligence which you had with his masters rebels ; a matter , as he said , if he should attempt the like here , he knew that i would so mislike , as he could not be suffered to remain here as an ambassador . i told him that for any thing to me known therein , he did as much here to his power ; but we had no such cause of suspicion as they had , and therefore he heard nothing of us . i confess that i thought you as well-willing to the cause of religion , as any minister the queen had , and i liked you the better . neither would i ever consent that any other manner of person should be sent to be our ambassador there . in the end , he required me to write earnestly ●●to you , by way of advice , that you would for-bear your manner of dealing with the kings rebels ; and i told him that so i would , and durst assure him that you would deal with none whom you could account as rebells ; percase , you would wish well to the kings good servants , that were afflicted for their consciences ; and so after such like advisings , we went to dinne . whe● i consider by whom i send this letter , i mean your son , i finde myself ensured of writing , being also , as he knoweth , oppressed at present with business ; i am bold to end , with my heartiest commendations to you , and my lady ; i thank you for your good entertainment of mr. borthick , for he hath written thereof very well . w. cecil : . july , . to the right honorable , sir henry norris knight , the queens majesties ambassador , resident in france . sir , since the time that we first sent the merchants to rhoan , to confer with the marshall de crosse , for restitution to be made on either side , we never heard from them but once ; at which time they advertised us , that the merchants pretended ignorance of those things which the ambassador here had alleaged both in the kings name , and in his , nevertheless he entreated them well ; and caused them to stay untill he might send and have answer from the king , which they did ; and since that time we have not heard of them ; but making report thereof to the ambassador , he would not seem to believe our merchants ; pretending the mistaking of the marshals words ; and so in the end , by his frequent solicitation , the queens majesty hath accorded ; by advice of her council , in such manner as you perceive , by a copy hereof in writing sent herewith ; the like whereof is sent at this present unto the said merchants remaining at rhoan . in which accord , you shall see a division of the matters in question according to their natures ; that is , for things plainly and openly arrested and staid , to be restored within a time , without suit in law ; the rest of the things to be restored , by order of law , with favorable expedition ; whereas the ambassador would have had the accord made , that all things , of what nature soever they were , being proved to have been taken by any the queens subjects ; or any other that should be proved to have brought the same into any port or creek of this realm , that immediate restitution or recompence should be made for the same , whereby you can guess what matters he meant to have drawn to their advantage , by such large words . thus much of this matter i have thought good to write unto you for your information ; and for the enlargement thereof , i have at present written to the merchants , to advertise you of their proceedings . we have report come to us from callis , that the king there is come to paris , and that his brother , with his army , is at orleance , with many other things , to the advantage of the prince of navarr ; but hereof i make no certainty nor account , untill i may hear from you . you shall , perchance , hear of some troubles in ireland , which also may be by our ill-willers increased ; and therefore i have thought good to impart unto you briefly the state of those matters , fitz morris of desmond , one that pretendeth title to the earldom of desmond , hath traiterously conspired with divers rebels in the south-west part , with one mac cartemore , late time made earl of clancarty , to withstand the authority of the queens majesty ; and pretendeth to make a change of religion , being provoked thereto by certain friars , that have offered to get him aid out of spain and portugall ; and upon comfort hereof , hath with a rebellious number over-run divers parts in the west ; and especially made great spoil upon certain lands belonging to sir warham st. leger , neer corke . and besides this , i have procured the earl of ormonds younger brethren to commit like riotous acts , pretending , on their part , that they do the same , not of any disobedience to the queen , but to maintain their private titles and lands against sir peter carew , whom indeed the lord deputy there findeth very serviceable against them ; and in that respect , it seemeth , they would cover their disorders , but thanked be god , the brothers powers are dispersed , and they driven into desert places ; and the deputy was the . of the last moneth in a castle of sir edward utlers , which was taken by force , and from thence marched with his army against the other rebells , who also fled from him . and so , although indeed it be a matter to be pitied , to have any such disorder to be begun , yet with gods goodness there is great likelihood of due avenge to be had of them all ; and no small profit to grow to the queens majestie , by the forfeitures and escheats of their lands , wherewith the better subjects may be rewarded . the french ambassador hath been here this day , and shewed the queens majesty , that the king is come to paris to levy mony for increase of his army , and that there are coming six thousand more switzers to his service . the . of the last , the earl of murray began a convention at st. iohns town , and meaneth to send , as i think , the lord lydlington hither with his minde concerning the queen of scots ; and so i end with my hearty commendations , both to your self , and my lady . yours assuredly , w. cecil , otlands , . aug. . postscript . here is very desirous that might be hither . to the right honorable , sir henry norris knight , the queens majesties ambassador , resident in france . sir , your last letters brought hither to my hands came by mr. huddleston , whom surely i think you shall finde an honest servitor ; i have no matter presently to write of , but to take occasion to send away this bearer your servant , and i wish to hear from you of some good success at pcictiers ; i do lye in wait for the italian , of whom you lately made mention in your letters , that is sent hither to attempt his devillish conclusions . out of ireland , since my last , i have heard nothing of any moment , but i trust all shall be in quiet there ; and so is the state of this realm also , howsoever any other shall report , having a disposition of malicious prophesying . in suffolk , a lewd varlet , not disposed to get his living by labor , moved a number of light persons to have made a rout in manner of rebellion , to have spoiled the richer sort ; but the matter was discovered , and the offenders taken before they did attempt any thing more then had passed by words ; so as thereby they are punishable , but as conspirers by words , and not as actual rebels . the convention of st. johns-town in scotland was dissolved about the second of this moneth ; and one wednesday last came hither one alexander hume from the regent , with letters , declaring that he had an universal obedience in scotland , and that the states there would not consent to any thing concerning the queen of scots restitution by any manner of degree ; wherewith her majesty is not well pleased , because she hath a disposition to have her out of the realm , with some tollerable conditions to avoid perill , which is a matter very hard , at the least to me , to compass ; i think you shall hear someways of an intention of and . certainly , if the queens majesty may or shall be thereto perswaded , i think it likely to succeed ; it hath so many weighty circumstances in it , as i wish my self as free from the consideration thereof , as i have been from the intelligence of the devising hereof ; i thought not good to have you ignorant ; i know ʒ hath not allowed of it . sir , i thank you for the french story which you lately sent me by huddleston ; the next that shall come to you , i think , will be mr. william norris . yours assuredly , w. cecil . fernham , . august , . postscript . immediately after your last servant departed with letters to you , making mention of our accord with the french ambassador , came the two merchants , patrick and offly , to london , with an accord propounded by the marshall de cross , but not accepted , for that thereby was required a general restitution of all things , which on our part indeed cannot be ; and now the french ambassador will not be here on wednesday , to eater into a new communication . i send you a late proclamation , which you may impart there as you list . sir , although the bearer hereof , mr. norris , your son , is well able to satisfie you of all our occurrents here , both because of his continual attendance about the court , and for his understanding ; yet in one onely thing i am most fit to inform you ; that his stay here of long time hath been principally by my occasion , whom i have at all times , of late , when he hath desired to come over unto you , moved to stay , upon expectation to have some matter of more weight to be by him imparted unto you ; but finding the same not so to fall out , and perceiving him the more importune to resort unto you , since the repair of harcourte , by whom he understood of your sickness , i have thought it good no longer to defer him ; and therefore without any other great matter , but to send him where he would be , he now cometh ; and if i should enter into writing of any particular things here past ; he is as well able to express the same , of his own knowledge , as i am by writing ; and therefore you shall justly hold me excused , if i forbear my writing , having so sufficient a person to make report of all things , as well such as are meet for letters , as also not meet , for some respects . of the matters of ireland , he shall make you full report . of scotland he can do the like ; of our trade to hamburgh , he is not ignorant ; of the matters betwixt us and france for arrests of merchandizes , i have made him privy ; and for the matters in this court , he hath seen and understands as much thereof as i doubt not but shall satisfie ; so as he shall serve you at this time in stead of many long letters : and so i end , with a good hope that he shall finde you well amended ; whereof i shall also be glad to hear , wishing that the same might be joyned with the winning of poictiers , of which we here live , on all sides , in no small expectation , though with sundry meanings . your assured friend at command , w. cecil . southampton , . sept. . to the right honorable , sir henry norris knight , the queens majesties ambassador , resident in france . sir , since your sons departing from southampton , i have deferred to write untill this time , perceiving some likelihood of some greater matters to ensue , and yet the event thereof draws out at some length , which hath moved me to defer the same untill now ; and doubting that otherwise rumors may be brought unto you , i have thought good to send away this bearer . you shall understand , that according as your son was able to inform you , the duke of norfolk departed towards london about the . of this moneth , promising to return to the court within . days ; the queens majesty having shewed her self towards him offended with his dealing in the marriage , was newly offended with his departure ; but being by me assured ( as i earnestly thought ) that he would return , her majesty was quieted ; contrary hereunto , notwithstanding that he wrote on thursday the . that he would be at the court before munday , yet he went away secretly from london to reninghale that same night , whereof we had no knowledge untill sunday in the morning , that his own letters written on friday at night at reninghale came hither ; by which he signified the cause of his departure to be a vehement fear , that he conceived by reports made to him , that he should be committed to the tower ; and therefore he did withdraw himself , to have means to seek the queens majesties favor , which he offered to do as a quiet humble subject . hereupon , the same sunday mr. edmund garret was sent to him , who found him at reninghale on munday at night , in a servent ague ; so as the duke required respite , untill friday ; with which answer mr. garret returned , and therewith the queens majesty was offended , and began , by reason also of other lewd tales brought to her majesty , to enter into no small jealousie , and therefore sent again mr. garret , with a peremptory commandment , that he should come notwithstanding his ague ; and so even now , whilst i am writing , i have word , that mr. garret coming on thursday at night , found him ready to come of his own disposition , and surely is now on the way , whereof i am glad ; first , for the respect of the state , and next for the duke himself , whom of all subjects i honored and loved above the rest , and surely found in him always matter so deserving . whilst this matter hath been in passing , you must not think but the queen of scots was nearer looked to then before ; and though evil willers to our state would have gladly seen some troublesome issue of this matter ; yet , god be thanked , i trust they shall be deceived . the queens majesty hath willed my lord of arundel , and my lord of pembroke , to keep their lodgings here , for that they were privy of this marriage intended , and did not reveal it to her majesty ; but i think none of them so did with any evil meaning ; and of my lord of pembroke's intent herein , i can witness that he meant nothing but well to the queens majesty ; my lord lumly also is restrained ; the queens majesty hath also been grievously offended with my lord leicester ; but considering he hath revealed all that , he saith , he knoweth of himself , her majesty spareth her displeasure the more towards him ; some disquiets must arise , but i trust not hurtful , for that her majesty saith , she will know the truth , so as every one shall see his own fault , and so stay . thus have i briefly run over a troublesome passage full of fears and jealousies ; god send her majesty the quietness that she of her goodness desireth . my lord of huntington is joyned with the earl of shrewsbury , in charge for the scotish queens safety . this . of october , the duke is come to mr. paul wentworths house , where sir henry nevill hath charge to attend upon him ; i hope , as i know no offence of untruth in him , so the event of things will be moderate ; and so , for my part , i will endeavor all my power , even for the queens . majesties service . i know there will be in that court large discourses hereupon , but i trust they shall lack their hope . the plague continueth in london , the term is prorogued untill all-halloutide . all the former part of this letter hath been written these three days , and stayed untill the dukes coming . yours assuredly , w. cecil . . octob. . to the right honorable , sir henry norris knight , the queens majesties ambassador , resident in france . sir , even when this bearer was departing , i heard that crips , your servant , was come from you as far as amiens or abberville , and there was faln sick ; but whether he hath any letters of yours , or no , i cannot tell ; i do mean to send one thither to see his estate , and to bring your letters , which will come very late : and therefore i think we shall also have some later from you as soon as they shall come to my hands . this bearer seemeth to be in religion good enough , but yet you know how he politickly serveth the french king. howsoever any evil bouts shall come thither , at this present all the realm is , as yet , as at any time it hath been ; and no doubt of the contrary , and yet the duke of norfok is in custody , and so are the earl of arundel , and lord lumley , but the lord steward onely keepeth his chamber in the court , and i trust shall shortly do well ; and so i end . your assured friend , w. cecil . windsor-castle , . oct. . to the right honorable , sir henry norris knight , the queens majesties ambassador , resident in france . sir , as you have with grief written your advises , so have they with grief been received of us , and yet in all these accidents of the world , we must accept , with humbleness , the ordinances of almighty god , and expect his further favor with patience , and with prayer , and intercession to move the majesty of god to draw his heavy hand over us , which is provoked by our sins . of our late matters here , by the queens majesties letter you shall further understand , which being as you see , long , i know you will well consider and advise how to express the same to the french king in the french tongue ; wherein we have this disadvantage , that their ministers speak in their own tongue , and we in theirs . whatsoever you shall hear by lewd reports from hence , assure your self that i know no cause to doubt , but that all things are and will continue quiet . the queen of scots , i trust , is and shall be so regarded ; as no trouble will arise thereof ; the duke of norfolk doth humbly accept the queens majesties dealings with him ; and i know of none that are thought to have favored his part , but either they plainly alter their opinions , and follow the queens ; or if they do not so inwardly , yet outwardly they yield to serve and follow her majesty order . before you sent us your letters which you received from spain concerning ireland , we had knowledge of the same from the same place , and much more , and have made provision to our power . these your sinister accidents in france will cause some that were in a slumber here to awake ; and so beseeching you to pardon me , if my letter be hasty and very short ; yours assuredly , w. cecil . windsor-castle , . oct. . to the right honorable , sir henry norris knight , the queens majesties ambassador , resident in france . sir , this bearer , your footman , having brought your letters hither a good while since is desirous to return , though i think both the season of the year and the weather will not suffer him to make much haste , yet i have thought good to let you partly to understand of the state of things here . about the midst of the last moneth , the earls of northumberland and westmerland , assembling themselves with some companies ( after refusall to come in to the lord president ) came to duresme , where they have made proclamations , in their own names , for reformations of the disorders of the realm ( as they termed it ) and for restitution of the ancient customes and liberties of the church , and so directed the same generally to all of the old and catholike religion . in their companies they have priests of their faction , who , to please the people thereabouts , give them masses , and some such trash of the spoils and wastes where they have been ; and upon the sudden having levyed of all sorts ( as it is thought ) of footmen about four thousand , simply appointed for the wars , and of horsemen about a thousand , wherein indeed all their strength is ; and with these numbers ( before the earl of sussex could gather numbers meet to resist them , they came down to todcaster , ferry-brigs and doncaster , being twelve miles , or thereabouts , wide from yorke , and were not indeed resisted , untill at doncaster the lord darcy of the north , with certain numbers , which he was leading to yorke , did very valiantly repulse a number of them ; hereupon they are retired to richmondshire , and know not what to enterprise by their stragling in this sort . the earl of sussex is at yorke , where sir ralph sadler is , and hath levyed the power of york-shire against them ; the lord hunsdon is sent to berwick , and to the borders , to levy the like there ; sir john forster to do the like in his marches , the lord scroope also in his wardenry , the earl of cumberland and the lord wharton , to joyn with their forces in westmerland , and that side ; and besides , the lord admiral with the forces of lincoln-shire , and the earl of warwick , with other numbers of nottinghamshire , darbyshire , warwick-shire , and other parts of the south , are appointed lieutenants of the army , who are to joyn with my lord of sussex ; and to do further as shall be found meet . and by this means you shall hear shortly , i doubt not , of the confusion of this rebellious enterprise , who , as you may perceive , by the queens majesties proclamation , are proclaimed thorough the realm , as they have behaved themselves . the queens majesty hath , besides , ready upon all occasions an army of fifteen thousand near to her own person . the queen of scots is removed from tutbery to coventry , where attends on her the earls of shrewsbury , and huntington . under the conduct of the army of the southern parts is the viscount hereford , with the power of staffordshire , very well appointed ; and divers gentlemen of credit and service of the court , and other places , of themselves , are gone thither to serve under the said lieutenants . in company with those said rebels are not many gentlemen of name , but norton an old man , who carryeth the cross , markinfield , swynbourne , and an uncle of the earl of westmerland , named christopher nevill ; all the realm , and all the nobillity , besides these onely two rebels , are as obedient as ever they were , and surely so like to be , whatsoever our ill-willers may report . yours assured , w. cecil . novemb. . to the right honorable , sir henry norris knight , the queens majesties ambassador , &c. sir , i have forborn these two or three days to write unto you , because i could not by occasion of some sickness use my own hand , and also because i would not detain here any longer this bearer mr. rogers , who is both serviceable for you , and desirous to be returned thither . i have thought good to dispatch him towards you , who can inform you of such news as we have here ; and that he may the better do it , i have imparted to him such things as i think meet for you to know ; and for that i am not well able at present to write any more , i trust you will be for this time satisfied with such declaration as this bearer shall make unto you . thus fare you heartily well , from windsor the . nov. . i think long to hear from you , because i have not received any letters from you since the tenth of the last month , which d'amons brought ; but i doubt not but some of yours be on the way , whereby we may understand how things pass there . since the writing hereof , came yesterday your lackqueywith letters of the of wherein you make mention that lodowick the count nassau should be slain , which i trust is not so , because of other letters which i have seen , that came hither by the way of rochell , that testifie nothing of his death , but great praise of his service , the day of the battel . at this present i am unable to write by reason of some sick ness , as this bearer can report . herewith i send you a copy in writing of such things as after long debate betwixt the french ambassador and us hath been here accorded ; which i wish may be as well performed on their part as they have promised . i pray you , sir , commend me to my good lady , and your sons . yours assuredly , w. cecil . . novemb. at night . to the right honorable , sir henry norris knight , the queens majesties ambassador , &c. sir , though i think this bringer will deliver you my letter , yet i know not with what readiness he will impart to you our state here ; and therefore have thought good to advertise you thus much , that , thanked be god , our northern rebellion is fallen flat to the ground and scattered away . the earls are fled into northumberland , seeking all ways to escape , but they are roundly pursued ; sir john forster and sir henry percy in one company , my lord of sussex in another . the . hereof they broke up their sorry army , and the . they entred into northumberland , the . into the mountains , they scattered all their footmen , willing them to shift for themselves ; and of a thousand horsemen there fled but five hundred . by this time they be fewer , and i trust either taken or fled into scotland , where the earl of murray is in good readiness , to chase them to their ruine ; yesternight came mr. madder ; and upon the next letters from my lord of sussex , i will send away crips or some other . the queens majesty hath had a notable tryal of her whole realm , and subjects , in this time , wherein she hath had service readily of all sorts , without respect of religion . yours assuredly , w. cecil . windsor , . decemb. to the right honorable , sir henry norris knight , the queens majesties ambassador , &c. sir , i have long time determined to send away this bearer , your servant , henry crips , but my delay hath grown of a desire that i had to see some good issue of this rebellion , which as it hath had a time of declination , and is now suppressed ; so could i not well before this time send this bearer away , who now bringeth her majesties letters unto you , by which you shall understand how her pleasure is , that you should impart the events thereof in that court ; and indeed hitherto we have no certain and manifest proofs that it should have any other ground , but as it is expressed in her majesties letters ; nevertheless , we have discovered some tokens , and we hear of some words uttered by the earl of northumberland , that maketh us to think this rebellion had more branches , both of our own and strangers , then did appear ; and i trust the same will be found out , though , perchance , when all are known in secret manner , all may not be notified . of all other occurrents , i know your son , mr. william , and other your servants hereto doth advertise you ; and therefore i pray you to bear with my shortness , for i am almost smothered with business . we look to hear of the apprehension of more of the rebels ; i send you extracts of our letters out of the north , as of late time they have come . yours assuredly , w. cecil . windsor-castle , . jan. . to the right honorable , sir henry norris knight , the queens majesties ambassador , &c. advertisements from lyexham , . decemb. . the two rebellious rebels went into liddesdale in scotland yester-night , where martin elwood , and others , that have given pledges to the regent of scotland , did raise their forces against them ; being conducted by black ormeston , an out-law of scotland , that was a principal murtherer of the king of scots , where the fight was offered , and both parties lighted from their horses ; and in the end , elwood said to ormeston , he would be sorry to enter deadly send with him by bloodshed ; but he would charge him and the rest before the regent , for keeping of the rebels ; and it he did not put them out of the country , the next day he would do his worst against them ; whereupon the two earls were driven to leave liddesdale , and to flye to one of the armestronges a scot upon the batable on the borders between liddesdale and england ; the same day the liddesdale men stole the horses of the countess of northumberland , and her two women , and ten others of their company ; so as the earls being gone , the lady of northumberland was left there on foot at john of the sides house in a cottage , not to be compared to many a dog-kennel in england ; at their departing from her , they went not above fifty horse , and the earl of westmerland , to be the more unknown , changed his coat of plate and sword with john of the sides , and departed like a scotish borderer . the rest of the rebels are partly taken in the west borders of england , and partly spoiled by the english and scotish borderers . by letters of the ; the rebels be driven to change their names , their horses and apparel , and to ride like liddesdale men . the regent of scotland will be this night upon the borders of liddesdale . the earl of cumberland , the lord scroop , and mr. leonard dacre have shewed themselves very honorable and diligent in their service at the rebels entring into the west marches ; and upon the scaling of the rebels , there be great numbers of them taken there . there be in every of the marches against scotland sundry bands of horsemen , and shot laid , if they shall enter into the realm again . by letters of the last of december . the regent of scotland is gone from jedworth to edenburgh , and hath taken the earl of northumberland , and six of his men with him . before his departure from jedworth he sent for the gentlemen of tividale , to come before him , where all came saving the lord of farnehurst , and the lord of bucklugh , whereupon the regent rode towards them , but they hearing thereof suddainly rode away . robert collingwood , ralph swynton , with others of their company , were taken in east tividale , and delivered to the regent , who re-delivered them to their takers , and charged them for their safe keeping ; egremont ratcliff with certain with him remain about liddesdale . and it is thought the countess of northumberland , the earl of west-merland , norton , markenfield , swynborne , and tempest , are removed out liddesdale to the lords of fernhurst and buckclugh . sir , i doubt not but the report of the cruel murther of the regent in scotland will be diversly reported in those parts ; and diversly also received , by some with gladness , and by some with grief , as i am sure it shall be of you ; the manner of it was thus ( as i have been advertised ) the . of the last moneth , the regent coming thorough the town of lithgo , which is in the midway between sterling and edenburgh , having in his company about a hundred persons , was stricken with a courrier about the navell , with the pellet coming out about his hucklebone , which also slew a horse behinde him ; and of this wound he dyed the next day afterward within night ; the murtherer was one hambleton of bothwell-hall , who lay secretly in a house to attempt this mischief , having shut the doors towards the street in such sort , as no man could enter on the foreside to take him ; and so he escaped on the backside , where he had a horse to serve his turn , although he was pursued ; what is like to follow miserably to that land , i dare not judge ; but do fear that the death of so good a man will prove initium multorum malorum . at the writing hereof , i know not what is done or intended ; but some write from thence , that the earls of marr and morton , and other friends to the young king , are come to edenburgh , and do in the kings name preserve the state , and do purpose to have the land ruled by four regents ; and one to be a lieutenant for the wars to execute their directions ; a matter more probable in talk than in effect ; as i shall hereafter understand more , so will i write ; it happend that at this time , sir henry gates , and the marshal of berwick were at edenburgh , having been at sterling with the regent , the fryday before , for the demanding in the queens majesties name , of the earl of northumberland , and other the rebels , and by direction of the regent they attended at edenburgh for answer to be given the day of his death , which now is , as our lawyers call it , sine die . mr. randolph went from hence towards scotland , the . upon knowledge of the hurt and doubt of his life . the same day also came montlnet to her majesties presence with the french ambassador , bringing his letters dated the . of december , at which time i think they understand not of the stay of our rebellion . the sum of montlnets message consisted upon these two heads , request for restitution , and liberty of the queen of scots , and a declaration of the kings inclination to peace with his subjects , and their disguising with him by treating and suing for peace , and yet amassing of new forces in almaine , and seeking also to surprise the kings towns , as burdeaux , and otherlike , whereupon the king requireth the queens majesty not to favor his rebels if they should seek any further succours from hence , as they have done , as persons unworthy of any favor . they have made great instance to be answered for the first matter , but the queens majesty hath hitherto deferred them ; but i think upon monday next they shall have audience . i forgat to shew you , that in the request for the queen of scots , he desired liberty to go to her , and from thence to pass into scotland , which thing would not be granted unto him . upon the death of the regent , the earl of sussex and mr. sadler were admonished to stay there , for that it was thought good that mr. sadler should have gone from thence into scotland ; but they both being come upon former licence near the city on the way , upon desire to see her majesty , came hither yesterday unlooked for ; and although in the beginning of this northern rebellion her majesty sometimes uttered some misliking of the earl , yet this day she meaning to deal very princely with him , in presence of her council , charged him with such things as she had heard , to cause her misliking , without any note of mistrust towards him for his fidelity ; whereupon , he did with such humbleness , wisdom , plainness , and dexterity , answer her majesty , as both she and all the rest were fully satisfied , and he adjudged by good proofs to have served in all this time faithfully , and so circumspectly , as it manifestly appeareth , that if he had not so used himself in the beginning , the whole north part had entred into the rebellion . vsque ad . febr. we have now letters out of scotland , that the nobility which favoreth the young king have assembled themselves , and made a reconciliation of divers persons that had particular quarrels one against another ; and as they pretend , they will all joyn firmely in the revenge of the murther , and defence of their king ; the lord grange , who keepeth the castle of edenburgh , is reconciled to the earl moreton , and become one of this bonde , and so doth leddington also offer to be another . the duke of chastilherault is streighter kept then he was before ; and it is commonly reportd , that the hambletons were the workers of this murther ; thus much being known of certain , that the murtherer was a neer kinsman of the dukes ; and that the peece wherewith he murthered the regent , and the spare horses whereupon he escaped , did all belong to the abbot of arbroth , the dukes second son , and the murtherer was received into hambleton the dukes house ; all which , i trust , god will see revenged . the rebellion moved in the west parts of ireland this last summer , being also cherished with comfort out of spaine , is fully suppressed ; and the country reduced to such quietness and obedience , as the like hath not been in those parts these many yeers , the heads being all taken and reduced to obedience , saving one onely , named fitz maurice , who wandreth in the deserts without any succor , making means to be received to mercy , but he is of so little value , as it is refused unto him . for your own revocation from thence , i am not unmindful , but have attempted the same ; and so mean to continue it , as i hope you shall shortly receive comfort . vsque ad . febr. this day , the . of febr. the french ambassador came with montlovet to her majesty , to require answer to their demands , which were three ; first , to have the queen of scots delivered and restored ; secondly , that montlovet might repair to the queen of scots ; thirdly , that he might repair into scotland : to all these her majesty , having her whole council in her presence , that , for the first , she said , she had used the queen of scots with more honor and favor , then any prince , having like cause would have done ; and though she was not bound to make account to any prince of her doings , yet she would impart to the king , her good brother , some reasonable consideration of her doings ; and so she ended her answer to that . the other two requests depended so upon the first , as she said she could not accord thereunto ; and so though she used good loving speech to satisfie him , yet in brief they departed without obtaining their requests , as shortly you shall understand more at length by the next messenger , and letters , which in this behalf shall be sent unto you . we hear that two ships of war of st. malloes , under the conduct of the lord flemings brother , arrived in don brittons frith the tenth of january , and have , as i think , victualled the castle of don britton , whereof will follow some further annoyance to scotland . and thus i am forced to end for the present , by reason of multitude of other affairs . yours assuredly , w. cecil . hampton-court , feb. . . to the right honorable , sir henry norris knight , the queens majesties ambassador , resident with the french king. sir , after all the other letters in this packet were sealed up , your honest servant , mr. rogers , arrived here with your letters ; of the contents whereof , concerning the crazed shaken treaty of peace betwixt the king and his subjects , i had plainly heard four or five days past from rochel . your intelligences accord with the like , as i have received from rochel ; and as you do express to us the dangerous practices of our adversaries there , so i assure you the same are not by councellors here neglected , although i can give no assurance how they shall be avoided ; and yet i would not doubt , but with gods goodness , their whole designs should prove frustrate if our councels might take place . i have named to the queens majesty two to be your successors , both to be well liked , if their livelihoods were answerable to their other qualities ; the one is mr. francis walsingham , the other is mr. hen. killigrew , who is indeed in livelihood much inferrior . if i can procure that either of them , or some other , might relieve you , i assure you there shall not lack any good will in me . yours assuredly , w. cecil . hampton-court , . febr. . to the right honorable , sir henry norris knight , the queens majesties ambassador , resident in france . sir , your last letters are thus come to my hands ; crips came with those of yours the . then neal with those of the . of the last month , and yesterday came the french ambassadors secretary with those of the first of march ; by all which is manifest the inward natural care that you take for the queens majesty , and therein her highness accepteth your zeal and duty most thankfully . and yet , i know not by what means , her majesty is not much troubled with the opinion of danger ; nevertheless , i and others cannot be but greatly fearful for her , and do , and will do , that in us may lye to understand , thorough gods assistance , the attempts ; as for d many here , and the most of this council think the peril no less , but rather greater , if d forasmuch should since the death of the regent , the borderers have maintained our rebels , and invaded england ; wherefore for which purpose my lord of suffev is now ordered with an army to invade them and make revenge ; whereof the scots hearing do make all means they can to be reconciled , but they must feel the sword and the fire-brand ; and because i will end my letter , i will deliver to this bearer a short memorial of words to serve him for informing of you of the things of our state ; and so with my most hearty commendations , i end , being sorry that as yet i cannot perfect my intent for your return . your assured friend , w. cecil . hampton-court , . march , . to the right honorable , sir henry norris knight , the queens majesties ambassador , resident in france . sir , by the queens majesty long letter you shall perceive her majesties meaning in such sort , as i need not to repeat or enlarge the same ; and the sooner that her majesty may have answer hereof , the better she will be content , especially if the answer shall be good . i send to you the copies of the advertisements of my lord of sussex journey into scotland the . of april , and returning the . his lordship entred the . to besiege ( as i think ) hume castle ; for the same hath been the receptacle of all the rebels ; but at the writing hereof , i am not ascertained what his lordship hath done . of late the bishop of ross caused one of his servants secretly to procure the printing of a book in english , whereof before eight leaves could be finished , intelligence was had ; which book tendeth to set forth to the world , that the queen of scots was not guilty of her husbands death , a parable in many mens opinion ; next , that she is a lawful heir to the crown , and herewith such reasons inserted as make unsound conclusions for the queens majesties present state . besides this , a notable lye is there uttered , that all the noble men that heard her cause , did judge her innocent ; and therefore made suite to her majesty , that she might marry with my lord of norfolk . with these and such like enterprises , her majesty hath been grieved with the said bishop , whereupon she hath the longer kept him from her presence ; but i think he will be spoken withall to morrow , and so within two or three days , it is likely , he shall have access to her majesty . the secretary in scotland hath so discovered himself for the queen of scots , as he is the instrument to increase her party , having such credit with grange , who keepeth edenburgh castle , as the duke of chastilherault , the lord herries , &c. are now at liberty , and thereby the party for the king is diminished , you can judge what is ment to be done ; and i wish her majesty to take such a way herein , as may preserve her estate , the device and execution whereof is found , upon consultation , very difficult ; and yet in all evils the least is to be chosen . my lord of worcester and my lord of huntington are chosen knights of the order . i cannot procure any resolution for your revocation , untill it may be seen what will fall out there of the war betwixt the king and his subjects , whereof daily there is expectation of some issue ; and the french ambassador doth constantly affirm that the peace shall follow : and so i end . yours assuredly , w. cecil . hampton-court , . may , . to the right honorable , sir henry norris knight , the queens majesties ambassador , resident with the french king. a note of a journey into tividale by the earl of sussex , her majesties lieutenant in the north , begun the . of april , . and ending the . of the same . the . of april , . the earl of sussex , and the lord hunsdon , governor of berwick , with all the garrisons and power of the east marches , came to warke , and entered into tividale in scotland the . at the break of the day , and burnt all castles and towns as they went , untill they came to the castle of moss , standing in a strong marsh , and belonging to the lord of fernhurst , which they burnt and razed , and so burnt the country untill they came to craling . the same day , sir john foster , with all the garrisons and force of the middle marches , entred into tividale and expesgate head . miles from warke , and so burnt all the country , untill they came to a strong castle , called in the possession of the mother of the lord of fernhurst , which he burnt and razed , and so burnt all other castles and towns , untill he came to craling , where both companies met , and so went up the river of tivit , and burnt and threw down all the castles and towns upon that river , untill they came to godworth , where they lodged . this day the lord of chesford , warden of the middle marches , with the principal men of his kinde , who had never in person received the rebels , nor invaded england , and yet had evil men that had done both , came in to the lord lieutenant , and submitted himself , and offered to abide order for his mens offences , whereupon he was received as a friend , and he and all his were free from any hurt . the . the army was divided into two parts , whereof the one did pass the river of tivit , and burnt and razed the castle of fernhurst , and all other castles and towns of the lord of fernhurst , hunthill , and bederoll , and so passed on to minte ; and the other part of the army burnt in like sort on the other side of the river tivit , untill he came to hawick , where it was intended to have lodged that night , for that the bailiffs had the same morning offered to receive the army , and had therefore their town assured ; but at the coming thither of the army they had unthetched their houses , and burnt the thetch in the streets , and were all fled , so as no person could well enter for smoak , which caused lack of victuals , lodging , and horsemeats ; and therefore the fire began by themselves in the straw burnt the whole town , aftersaving donn lamorecks castle , which for his sake was spared , and all the goods of the town in it . the . the army went to branshaw , the lord of buckloughs house , which was wholly overthrown with powder , and there divided and burnt , on the north the river of tivit , more into the inland , all the castles and towns in that country , which belonged wholly to the lord of bucklough and his kinsmen , and returned that night to jedworth . the . the army divided , and one part went to the river of bowbeat , and burnt all on both sides of that river ; and the other part went to the river of caile , and burnt all on both sides of the river , and met neer to kelsaw , where the lord lieutenant lodged that night of purpose to beset hume castle in the night , and the lord hunsdon and the other part went to warke , to bring the ordnance thence in the morning , which was disappointed by the negligence of such as were left in charge , who suffered the carriage horses to return after the ordnance was brought thither ; so as for lack of horses to draw the ordnance , the army was forced to return to berwick the . all which time there was never any shew of resistance . and the same time the lord scroope entred scotland , from the west marches , the , &c. during which time the marches in all places were so guarded , as the scots that did not shew themselves to offer fight in the field , durst not offer to enter into england ; so as in the absence of the army there was not one house burnt , nor own cow taken in england ; and it is conceived by such as know the enemies part of tividale , that there is razed , overthrown , and burnt in this journey , above fifty strong castles and piles , and above villages ; so as there be few in that country that have received the rebels , or invaded england , that have either castle for themselves , or houses for their tenants , besides the loss and spoils of their other goods , wherein nothing is reckoned of that was done in the other parts by the lord scroope , for that it was not done within the county of tividale , &c. the rode of the lord scroope , warden of the west marches of england , into scotland . who the . of april at ten of the clock at night , with three thousand horse and foot , came to ellesingham on the wednesday at night , and burned that town in the morning , being from carlile twenty miles . on thursday he burned besides hoddom the maymes , the town and all the houses , which is the lord herryes , and from carlile sixteen miles . that day they burned trayle-trow , which is the lord maxwells , from carlile . miles . they burned the town of reywell , which is the lord coplands , and the lord homeyn's , from carlile eighteen miles . they burned the house of copewell , and the demesne of the lord coplands , from carlile nineteen miles . they burned the town of blackshieve , which is the lord maxwells , from carlile . miles . item , the town of sherrington , of the same lords , twenty miles . item , the blank end of the same lords , twenty miles . item , the town of lowzwood of the same lords , twenty miles . goods taken the same rode , one thousand neat , and one thousand sheep and goats . of the scots , are taken one hundred horsmen , within a mile of dunnforest ? some say that swynborne is taken . sir ; by letters from my lords of sussex and hunsdon of the . of april , it is advertised that the castle of hume being besieged by them , and the battery laid the . of april , the day following the captain sent out a trumpet to desire a parlie , which granted ; the castle desired licence to send a messenger to the lord hume to know his pleasure what they should do , whereupon it was agreed a messenger should pass ; and one was sent with him to see that no delay should be used , the messenger at his return brought commission from the lord hume to deliver the castle , simply , without condition , trusting to their honors for a favourable dealing with his men ; whereupon the castle was received , and all the armor and weapons , and the people licenced to depart without bag or baggage ; and now the same remaineth newly fortified , to the queens majesties charge , more stronger then it was before , to the intent the rebels may not have their refuge thither as they had before . by other letters of the first of may from my lord of sussex , it is advertised , that the most part of the march of east tividale , esdale , ewesdale , wawcopdale , and other parts upon the borders from the east to the west seas , affirm their continuance of obedience to their king , desire the amity betwixt both realms , offer to spend their lives in the resisting of any forreign power that shall offer the disturbance of either ; refuse dependence upon the french ; offer to depend upon the queens majestie ; and in their actions have refused to receive the rebells , or to assist the invaders of england ; the like whereof all others do offer that acknowledge that authority . the contrary part openly receive the rebels , maintain the invaders of england , share in their actions and ill meaning to england , and seek dependence and maintenance of the french. the earls of morton , murray , and glencarne , with others of the kings council , prepared to be at edenburgh the . of the last , whereupon the duke of chastilherault and huntley went to lithgo the . to stop their meeting ; and the . morton went out of edenburgh with a thousand men to meet the other earls a by-wayl , and so came together that night to edenburgh with all their forces , or to fight for it ; in which time the lords of hume and liddington be entred the castle with grange ; so as it is likely they will try shortly by the sword which side shall have the authority . w. cecil , it may please you to be advertised , according to my lord lieutenants direction , i entered into scotland on tuesday at night last , the . of this april , and on wednesday at night encamped at heclesengham , within hoddom , distant from carlile . miles , and within scotland . miles ; and on thursday in the morning i sent forth simon musgrave , appointed by me as general of the horsemen , to burn and spoile the country , and to meet me at a place called cambretreys ; and the said simon burnt the towns of hoddome and the maynes , troltrow , rovel and calpoole , the town of blackshaw , sherrington , the banck end , within three miles of dumfriese , lowgher , and lowgherwood , and hecklsengham , which towns were of the lands of the lord herryes and maxwell , the lord of cockpoole , and the lord of holmends ; and as the said simon and his company came to old cockpool , there was the lord maxwell with his forces , and the inhabitants of dumfriese assembled , and skirmished with the couriers , and compelled them to return unto the said simon ; and then the said simon marched unto the town of blackshaw with his company , where the lord maxwell was in order , and his forces ; and the said simon and fargus graime , with the number , of a hundred horse-men , did give the charge upon the said lord maxwell , and made him flee , and his company also ; in which fight there were a hundred prisoners taken , whereof the principal was the alderman of dumfriese , and . of the burgesses thereof , the rest were footmen ; the chase was followed within one mile of dumfriese ; after which conflict , the said simon returned to blackshaw aforesaid , and burnt it , and seised a great number of cattle , and delivered the same unto certain gentlemen and others to convey unto me ; and he , the said simon , rode with a hundred horsmen to burn the banck end lowgher and lowgherwood ; and as the said gentlmen , with their company , came to a streight place neer unto old-cockpool , the said lord maxwell , the lord carlile , the lords of holme-ends , closburne lorgg , hempsfeild , cowhill , and tenoll , with the number of four hundred horsemen , and six hundred footmen , charged them very sore , and forced them to alight and draw their company to a strong place , to abide the charge of their enemies ; and so they remained untill the said simon came unto them , and alighted , and put his company in order , and set his horse between his company and the sea , and so stood in order to receive the enemy ; and in this sort continued charging , and receiving their charges , the space of three hours , i being at cambretreys , aforesaid , a place before appointed between me and the said simon for his relief ( being distant from him three miles ) understanding of some distress sent my band of horsmen , with my brother edward scroope , and a hundred and fifty shot with mr. awdley , and mr. herbert , to their relief ; and the said simon , upon the coming of the said band of horsemen and shot , gave the enemies the charge with all his forces , whereupon they fled ; in which flight there was taken a hundred prisoners , whereof some were of the petty lords of the country ; but the lord maxwell , the lord carlile , the lord johnson , and the rest before named , escaped by the strength of the lord of cockpools house , and a great wood , and a mauress that was neer there adjoyning ; and so the said simon repaired to me with his company , and so we returned home . and thus , for this time , i commit you to the almighty . yours assured to command , h. scroop . carlile , . april , . postscript . drumlangricks servants and tenants , whom i had given charge that they should not be dealt withall , for that he favored the kings faction , and the queens majesties , were as cruel against us as any others . sir , i have written to my lord lieutentant for . men , but for fourteen dayes ; and with them , i will undertake to march to dumfriese , and lye in that town , and burn and spoil it , if the queen majesties think it good ; for the open receipt of her majesties rebels is there manifest . sir , my leasure serveth me as i was wont to have it , all my time at command of others , and none for my self , and little for my private friends ; by the queens majesties letter , you may perceive the state of things here ; god send her majesty a good issue of this scotish matter , whereinto the entry is easie , but the passage within doubtful , and i fear the end will be monstrous . by your letters of late time , it hath seemed that the opinion was for the queens majesty to be delivered of the scottish queen ; but surely few here among us conceive it feasible with surety . my lord of suffex useth his charge very honorably and circumspectly upon the frontiers , where indeed he hath made revenge ; and that only , almost , upon the guilty . i do send you herewith a printed thing or two sent me from scotland ; and so take my leave , wishing , for your own sake , that peace might be seen there , so as you might bring it ; for which purpose i trust surely her majesty will send one for you . yours most assured , w. cecil . . may , . to the right honorable , sir henry norris knight , the queens majesties ambassador , &c. sir , this bearer came hither with good speed i do send you herewith a note of my lord of sussex his last letters from berwick . i do also send you in writing the copy of that which the french ambassador lately sent thither , containing the sum of that which lately passed here betwixt the queens majesty and him , wherein truely he hath not much differed from that which was accorded . the bishop of ross departed on friday last to the scotish queen to deal with her , that some of her part might come hither out of scotland to treat of her cause , and that arms might cease on both sides . since his going thither , the queens majesty understandeth of a practice , that he had two dayes before his departure , with a noble man of this realm , being a professed papist , contrary to his manner of dealing with the queens majesty , whereupon her majesty is not a little moved against him ; and therefore i think she will not deal with him at his return . we look daily that peace will there be made , though we see not how it shall continue ; but i trust thereby you shall be revoked , and i think mr. walfingham shall come in your place , i have no more at this present . i received , yesterday , a letter from paris of the . of may , but i did before that receive another of the . yours assuredly , w. cecil . hampton-court , . june , . to the right honorable , sir henry norris knight , the queens majesties ambassador , &c. by letters from berwick , . june . the marshal of berwick , being at edenburgh with certain forces , dealt with the earls of grange and liddington , to procure a surcease of arms , which taking no effect , he went with the noblemen of scotland , that joyned with him , to glasco ; from whence the duke and his associates fled upon their setting forth ; from thence the marshal sent to the bishop of st. andrews , and the lords , who were in dumbarton castle , to parly with them , to procure an abstinence of arms , who appointed to meet them the next day at a village half way betwixt glasco and dumbarton ; where missing them at the time appointed he went neerer to dumbarton , whereof he sent them word ; and thereupon they returned his messenger , and appointed to meet and speak with him out of the castle , so as he would bring but one or two with him , and to put away his company ; and so soon as he had so done , and that he was within their shot , they sent him word to look to himself , and that they would not come to him ; and as he turned his horse , divers harquebusiers , laid for the purpose , shot at him , and they discharged a falcon at him out of the castle , but he escaped without hurt ; hereupon the noblemen which were with him , burnt the country thereabouts that belonged to the hambletons , burnt the town of hambleton , and razed the castle of hambleton , and two other principal houses of the said dukes , one in lithgo , and another called kennell ; they have also thrown down the abbot of kilwrenings house , and in effect all the principal houses of the hambletons , and have dealt with no other persons but with an hambleton ; and so the marshall is returned to berwick , &c. sir , yesterday did crips arrive with your letters from argenton , and two days before came rogers . the queens majesty takes the kings answer , doubtful , for his sending of forces into scotland , and therefore hath caused the french ambassador to understand , and to advervise the king , that if the king will send forces thither , she will take her self free from ; her promise of delivering the q. of scots , of which matter i think he will advertise the king ; and as you have occasion , you may take knowledge thereof ; for already her majesty hath revoked her forces out of scotland , leaving onely in hume and fast castle a small garrison , where our rebels were most maintained when they invaded england , untill her majesty may have some amends for her subjects losses . my lord of sussex hath fully avenged the wrongs , but yet our people have not recompence . mr. drury , the marshall , with a thousand foot and four hundred horse , hath so plagued the hambletons as they never had such losses in all the wars betwixt england and scotland these fourty years . the queens majesty hath hurt her foot , that she is constrained to keep her bed-chamber ; and therefore the french ambassador could not yesterday have audience when he required , but is willed to write that he hath to say ; i am sorry that your servants when they come tarry so long here as they do , for it is not my fault , and so i end . yours assuredly , w. cecil . oatlands , . june , . postscript . the earl of southampton lately being known to have met in lambeth marsh with the bishop of ross , is for his foolish audacity committed to the sheriff of london , closely to be there kept . the fond lord morley , without any cause offered him , is gone like a noddy to lorrein . sir , i stayed this bearer two days longer then first i intended , because the french ambassador required audience , affirming that he had answer from the french king , wherewith the queens majesty would be satisfied ; and yesterday he was here , and shewed her majesty the french kings letters to him , and thereof gave her majesty a copy , which i have , and do send to you herewith an extract of a clause tending to the matter , the letter being of it self long and full of good words , purporting his desire to have the scotish queen restored , and concord established betwixt the two queens ; the letter is dated the . of june , and i note that your letter is dated the . and by his aforesaid letter , king writeth that he will within two days speak with you at alansen . now how the kings promise will be kept , a short time will declare ; or how , if he break it , there shall be some ●avillations found , wherein , i doubt that they will seek illusions , for that we do yet keep hume castle , and fast castle , which are kept with not past fourscore men ; and being the houses of the lord hume , the warden , who aided our rebels with his forces , to invade , burn , and spoil england ; and therefore is by the laws of the borders answerable to the subjects of england ; it is reason they be kept untill he will return , or authorize some for him to make answer , or to take order with the complainants , which being done , the queen majesty will readily restore them : thus much i have thought meet to impart . yours assuredly , w. cecil . oatlands , . inne , to the right honorable , sir henry norris knight , the queens majesties ambassador , &c. sir , i am thrown into a maze at this time , that iknow not how to walk from dangers , sir walter mildmay and i are sent to the scotish queen , as by the queens majesties letters you may see . god be our guide , for neither of us like the message . i trust , at my return , when mr. walsingham shall be returned , to help you home , your sufficient is sufficient to impart unto you all our occurrents ; and so i end . your assured friend , w. cecil . reading , . sept. . to the right honorable , sir henry notris knight , the queens majesties ambassador , resident in france . the lord coke to king james , touching trial of duels out of england . may it please your most excellent majesty , i have received a commandment by mr. sollicitor from your majesty , consisting upon two parts ; first , to answer whether i informed not your majesty , that if two of your subjects should go over beyond sea , to fight in a forreign kingdom , and there in fight the one killeth the other ; that in this case , the same might be punished by appeal before the constable and marshal of england . secondly , if i made any such information , what authority and reason i had to maintain it . to the first , the truth is , that i did inform your majesty so , and i well remember , i said then , that it was dowties case , your majesty then speaking of duels . to the second , this is by authority of an act of parliament made in the first year of king henry the fourth , the th . chapter , in these words : for many inconveniencies and mischiefs that have oftentimes happened by many appeals made within the realm before this time ; it is ordained and established from henceforth , that all appeals to be made of things done within the realm , shall be tryed and determined by the good laws of this realm , made and used in the time of the kings noble progenitors ; and that all appeals to be made of things done out of the realm , shall be tryed before the constable and marshal of england for the time being ; and that no appeals be from henceforth made , or in any wise pursued in parliament in any time to come . in the late queens time , a case fell out upon this statute ; sir francis drake having put dowtie to death beyond sea , the brother and heir of dowtie sued by petition to the queen , that she would be pleased to appoint a constable hac vice , to the end , he might have an appeal against sir francis drake , for the death of his brother . this petition the queen referred to sir thomas bromley , and the two chief justices , and others ; and it was resolved of by them ( which i being of council with dowtie , set down briefly for my learning ) that if two englishmen go beyond sea , and in combate the one killeth the other , this offence may be determined before the constable and marshal of england , and so was the statute of henr. . to be intended . but after upon the true circumstance of the case , the queen would not constitute a constable of england , without whom no proceeding could be . and i take this resolution to be well warranted by the statute , and no small inconvenience should follow , and a great defect should be in the law , if such bloody offences should not be punished , and your majesty should lose a flower of your crown , in losing this power , to punish these growing and dangerous offences . i shewed to mr. sollicitor , my report and memorial of dowtie's case , and i shall ever remain , your majesties loyal , and faithful subject , edw. coke . . febr. . the history of the reign of king henry the eighth , king edward the sixth , queen mary , and part of the reign of queen elizabeth . the books which are written , do in their kinds represent the faculties of the mind of man ; poesie , his imaginations ; philosophy , his reason ; and history , his memory , of which three facuities , least exception is commonly taken to memory , because imagination is often times idle , and reason litigious . so likewise history of all writings deserveth least taxation , as that which holdeth least of the author , and most of the things themselves . again , the use which it holdeth to mans life , if it be not the greatest , yet assuredly it is the freest from ill accident or quality . for those that are conversant much in poets , as they attain to greater variety , so withall they become concieted ; and those that are brought up in philosophy and sciences , do wax ( according as their nature is ) some of them too stiff and opinionative , and some others too perplexed and confused ; whereas history possesseth the mind with conceits which are nearest allied unto action , and imprinteth them , so as it doth not alter the complexion of the minde , neither to irresolution , nor pertinacity ? but this is true , that in no sort of writings there is a greater distance between the good and the bad , no not between the most excellent poet , and the vainest rimer ; nor between the deepest philosopher and the most frivolous school-men ; then there is between good histories , and those that unworthily bear the same , or the like title . in which regard , having purposed to write the history of england , from the beginning of the reign of king h. . of that name , near unto the present time wherein queen elizabeth reigneth in good felicity ; i am delivered of the excuse wherewith the best writers of histories are troubled in their poems , when they go about ( without breaking the bounds of modesty ) to give a reason why they should write that again , which others have written well , or at least tolerably before . for those which i am to follow , are such , as i may fear , rather the reproach of coming unto their number , than the opinion of presumption , if i hope to do better than they : but in the mean time it must be considered , that the best of the ancient histories were contrived out of divers particular commentaries , relations and narrations , which it was not hard to digest with ornament , and thereof to compound one entire story . and as at first , such writers had the ease of others labours ; so since , they have the whole commendation , in regard their former writings are for the most part lost , whereby their borrowings do not appear . but unto me , the disadvantage is great , finding no publick memories of any consideration or worth , that the supply must be out of the freshness of memory and tradition ; and out of the acts , instruments , and negotiations of state themselves , together with the glances of forreign histories ; which , though i do acknowledge to be the best originals and instructions , out of which to write an history , yet the travel must be much greater , than if there had been already digested any tolerable chronicle , as a single narration of the actions themselves , which should only have needed out of the former helps to be inriched with the councels and speeches , and notable particularities . and this was the reason , while i might not attempt to go higher to more ancient times , because those helps and grounds did more and more fail ; although if i be not decieved , i may truly affirm , that there have no things passed ever in this nation , which have produced greater actions , nor more worthy to be delivered to the ages hereafter : for they be not the great wars and conquests ( which many times are works of fortune , and fall out in barbarous times ) the rehearsal whereof , maketh the profitable and instructing history ; but rather times refined in policies and industries , new and rare variety of accidents and alterations , equal and just encounters of state and state in forces , and of prince and prince in sufficiency , that bring upon the stage , the best parts for observation . now if you look into the general natures of the times ( which i have undertaken throughout europe , whereof the times of this nation must needs participate ; you shall find more knowledge in the world , than was in the ages before ; whereby the wits of men ( which are the shops wherein all actions are forged ) are more furnished and improved : then if you shall restrain your consideration to the state of this monarchy ; first , there will occur unto you changes rare , and altogether unknown unto antiquity in matters of religion , and the state ecclesiastical . then to behold the several reigns of a king that first , or next the first , became absolute in the sovereignty ; of a king , in minority ; of a queen , married to a forreigner ; and lastly , of a queen that hath governed without the help , either of a marriage , or of any mighty man of her blood , is no small variety in the affairs of a monarchy ; but such , as perhaps in four successions in any state at any time is hardly to be found . besides , there have not wanted examples within the compasse of the same times , neither of an usurpation , nor of rebellions under heads of greatness , nor of commotions meerly popular , nor of sundry desperate conspirators ( an unwonted thing in hereditary monarchies ) nor of forreign wars of all sorts , invasive , repulsive , of invasion open and declared ; covert , and under-hand , by sea , by land , scottish , french , spanish succors , protections , new and extraordinary kinds of confederations with subjects : generally , without question , the state of this nation had never a longer reach to import the unusual affairs of europe , as that which was in the former part of the time the counterpoise between france and spain ; and in the latter , the only encounter and opposition again spain . add hereunto , the new discoveries and navigations abroad , the new provisions of laws and presidents of state at home , and the accidents mememorable , both of sate , and of court , and there will be no doubt , but the times which i have chosen , are of all former times in this nation ; the fittest to be registred , if it be not in this respect , that they be of too fresh a memory ; which point , i know very well , will be a prejudice , as if this story were written in favour of the time present . but it shall suffice unto me , without betraying mine own name and memory , or the liberty of a history , to procure this commendation to the time with the posterity ; namely , that a private man living in the same time , should not doubt to publish an history of the time , which should not carry any shew or taste at all of flattery ; a point noted for an infallible demonstration of a good time . king henry the seventh of that name , after he had lived about . years , and thereof reigned . and some months , deceased of a consumption the . day of april , in the palace which he had built at richmond , in the year of our redemption , . this king attained unto the crown , not only from a private fortune , which might endow him with moderation ; but also from the fortune of an exile man , which had quickned in him all seeds of observation and industry . his times were rather prosperous , than calme ; for he was assailed with many troubles , which he overcame happily ; a matter that did not lesse set forth his wisdom , than his fortune ; and yet such a wisdom , as seemed rather a dexterity to deliver himself from dangers when they pressed him , than any deep foresight to prevent them afar off ; jealous he was over the greatness of his nobility , as remembring how himself was set up . and much more did this humour encrease in him , after he had conflicted with some such idols and counterfeits , as were lambert symnell , and perkine warbeck . the strangeness of which dangers made him think nothing safe ; whereby he was forced to descend to the imployment of secret espials , and suborned conspirators , a necessary remedy against so dark and subtile practises , and not to be reprehended , except it were true which some report , that he had intelligence with confessors , for the revealing matters disclosed in confession ; and yet if a man compare him with the king his concurrents in france and spain , he shall find him more politique than lewis the twelfth of france , and more entire and sincere than ferdinando of spain ; upon whom , nevertheless , he did handsomly bestow the envy of the death of edward plantagenet earl of warwick . great and devout reverence he bear to religion , as he that employed ecclesiastical men in most of his affairs and negotiations , and as he that was brought hardly and very late , to the abolishing of the priviledges of sanctuaries in case of treason , and that not before he had obtained it by way of suit from pope alexander ; which sanctuaries nevertheless had been the forges of most of his troubles . in his government he was led by none , scarcely by his laws ; and yet he was a great observer of formality in all his proceedings , which notwithstanding , was no impediment to the working of his will 〈…〉 the suppressing and punishment of the treasons , which during the whole time of his reign , were committed against him ; he had a very strange kind of interchanging of very large and unexpected pardons , with severe executions ; which his wisdom considered could not be imputed to any inconstancy or inequality , but to a discretion , or at least to a principle that he had apprehended , that it was good , not obstinately to pursue one course , but to try both ways . in his wars , he seemed rather confident than enter prizing ; by which also he was commonly not the poorer , but generally he did seem inclinable to live in peace , and made but offers of war to mend the conditions of peace ; and in the quenching of the commotions of his subjects , he was ever ready to atchieve those wars in person , sometimes reserving himself , but never retiring himself , but as ready to second . of nature he coveted to accumulate treasure , which the people ( into whom there is infused for the preservation of monarchies , a natural desire to discharge their princes , though it be with the unjust charge of their councellors and ministers ) did impute unto cardinal morton , and sir reynold bray , who , as it after appeared , as councellors of ancient authority with him , did so second his humour , as nevertheless they tempted it , and refrained it ; whereas empson and dudley that followed , being persons that had no reputation with him , otherwise than the servile following of his own humour , gave him way , and shaped him way , to these extremities , wherewith himself was touched with remorse at his death , and with his successor disavowed . in expending of treasure , he never spared charge that his affairs required ; and in his foundations , was magnificent enough , but his rewards were very limited ; so that his liberality was rather upon his own state and memory , than towards the deserts of others . he chose commonly to employ cunning persons , as he that knew himself sufficient to make use of their uttermost reaches , without danger of being abused with them himself . the rest is wanting . a copy of a letter from his majesty , to the lords , read at board , novemb. . . touching the abatement of his majesties houshold charge . my lords , no worldly thing is so precious as time : ye know what task i gave you to work upon , during my absence ; and what time was limited unto you , for the performance thereof . this same chancellor of scotland , was wont to tell me twenty four years ago , that my house could not be kept upon epigrams ; long discourses , and fair tales , will never repair my estate . omnis vertus in actione consistit . remember that i told you , the shooe must be made for the foot , and let that he the square of all your proceeding in this business . abate super-fluities in all things , and , multitudes of unnecessary . officers , where ever they be placed . but for the houshold wardrope , and pensions , cut and carve as many as may agree with the possibility of my means . exceed not your own rule of l. for the houshold . if you can make it lesse , i will account it for good service . and that you may see i will not spare mine own person , i have sent with this bearer , a note of the superfluous charges concerning my mouth , having had the happy opportunities of this messenger , in an errand so nearly concerning his place . in this i expect no answer in word , or writing , but only the real performance , for a beginning to relieve me out of my miseries . for now the ball is at your feet , and the world shall bear me witness , that i have put you fairly to it ; and so praying god to bless your labours , i bid you heartily farewell . your own . james r. a copy of his majesties second letter . my lords , i received from you yesternight the bluntest letter , that i think , ever king received from his councel . ye write , that the green cloth will do nothing , and ye offer me advice . why are ye councellors , if ye offer no councel ? an ordinary messenger might have brought me such an answer ; it is my pleasure , that my charges be equalled with my revenue ; and it is just and necessary so to be . for this a project must be made , and one of the main branches thereof , is my house . this project is but to be offered unto you , and how it may be best laid , then , to agree with my honour and contentment , ye are to advise upon , and then have my consent . if this cannot be performed without diminishing the number of the tables , diminished they must be ; and if that cannot serve , two or three must be thrust into one . if the green cloth will not make a project for this , some others must do it . if ye cannot find them out , i must : only remember two things , that time must no more be lost , and that there are twenty wayes of abatement , besides the house , if they be well looked into . and so farewell . james r. a letter from the king , to his lordship , by occasion of a book ; it was the organon . my lord , i have received your letter , and your book , then which ye could not have sent a more acceptable present unto me ; how thankful i am for it , cannot better be expressed by me , then , by a firm resolution i have taken , first to read it through , with care and attention , though i should steal some houres from my sleep , having otherwise as little spare time to read it , as ye had to write it ; and then to use the liberty of a true friend , in not sparing to ask you the question in any point thereof , i shall stand in doubt , nam ejus est explicare cujus est condere : as for the other part , i will willingly give a due commendation to such places , as in my opinion , shall deserve it . in the mean time , i can with comfort assure you , that ye could not make choice of a subject more befitting your place , and your universal and methodick knowledge ; and in the general , i have already observed , that ye jump with me in keeping the middle way , between the two extreams ; as also in some particulars , i have found that ye agree fully with my opinion ; and so praying god to give your work as good success , as your heart can wish , and your labours deserve , i bid you heartily farewell . james r. to our trusty and well-beloved , thomas coventry , our attorney general . trusty and well-beloved , we greet you well ; whereas our right trusty , and right well-beloved cosen , the viscount of st. alban , upon a sentence given in the upper-house of parliament full three years since , and more , hath endured loss of his place , imprisonment and confinement also for a great time , which may suffice for the satisfaction of justice , and example to others . we being always graciously inclined to temper mercy with justice , and calling to minde his former good services , and how well and profitably he hath spent his time since his troubles . are pleased to remove from him that blot of ignominy which yet remaineth upon him , of incapacity , and disablement ; and to remit to him all penalties whatsoever inflicted by that sentence , having therefore formerly pardoned his fine , and released his confinement . these are to will and require you to prepare for our signature , a bill containing a pardon in due form of law , of the whole sentence : for which , this shall be your sufficient warrant . a letter written by sir philip sidney , unto q. elizabeth , touching her marriage with mounsieur . most feared and beloved , most sweet and gracious soveraign , to seek out excuses of this my boldness , and to arm the acknowledging of a fault with reasons for it , might better shew , i knew i did amiss , than any way diminish the attempt ; especially in your judgment , who being able to discern lively into the nature of the thing done : it were folly , to hope , by laying on better colours , to make it more acceptable . therefore carrying no other olive-branch of intercession , than the laying of my self at your feet ; nor no other insinuation , either for attention or pardon , but the true vowed sacrifice of unfeigned love , i will in simple and direct terms ( as hoping they shall only come to your merciful eyes ) set down the overflowing of my mind , in this most important matter : importing , as i think , the continuance of your safety ; and ( as i know ) the joyes-of my life . and , because my words , ( i confess , shallow ; but , coming from the deep well-spring of most loyal affection ) have delivered unto your most gracious ears , what is the general sum of my travelling thoughts therein ; i will now but only declare , what be the reasons that make me think , that the marriage with mounsieur , will be unprofitable to you : then , will i answer the objections of those fears , which might procure so violent a refuge . the good or evils that will come to you by it , must be considered , either according to your estate , or person . to your estate : what can be added to the being an absolute born , and accordingly , respected princess ? but as they say , the irish men were wont to call over them that dye , they are rich , they are fair , what needed they to dye so cruelly ? not unfitly to you , endowed with felicity above all others , a man might well ask , what makes you in such a calm , to change course ? to so healthful a body , to apply so unsavoury a medicine ? what can recompence so hazardous an adventure ? indeed , were it but the altering of a well maintained , and well approved trade : for , as in bodies natural , every sudden change is full of peril : so , this body politick , whereof you are the only head , it is so much the more dangerous , as there are more humours , to receive a hurtful impression . but hazards are then most to be regarded , when the nature of the patient is fitly composed to occasion them . the patient i account your realm , the agent mounsieur , and his design ; for neither outward accidents do much prevail against a true inward strength , nor doth inward weakness lightly subvert it self , without being thrust at by some outward force . your inward force , ( for as for your treasures , indeed the sinews of your crown , your majesty doth best and only know ) consisteth in your subjects , generally unexpert in warlike defence . and as they are divided now into mighty factions ( and factions bound upon the never dying knot of religion ) the one of them to whom your happy government hath granted the free exercise of the eternal truth ; with this by the continuance of time , by the multitude of them , by the principal offices and strength they hold : and lastly , by your dealings both at home and abroad against the adverse party , your state is so entrapped , as it were impossible for you , without excessive trouble , to pull your self out of the party so long maintained . for such a course once taken in hand , is not much unlike a ship in a tempest , which how dangerously so ever it be beaten with waves , yet is there no safety or succor without it : these therefore , as their souls live by your happy government , so are they your chief , if not your sole strength . these , howsoever the necessity of humane life make them lack , yet can they not look for better conditions then presently they enjoy : these , how their hearts will be galled , if not aliened , when they shall see you take a husband , a french man , and a papist ; in whom ( howsoever fine wits may find further de lings or painted excuses ) the very common people well know this , that he is the son of a jezabel of our age ; that his brother made oblation of his own sisters marriage , the easier to make massacres of our brethren in belief . that he himself , contrary to his promise and all gratefulness , having had bis liberty , and principal estate by the hugonites means , did sack lacharists , and utterly spoil them with fire and sword : this i say , even at the first fight , gives occasion to all truly religious to abhor such a master , and consequently to diminish much of the hopeful love they have long held to you . the other faction ( most rightly indeed to be called a faction ) is the papists , men , whose spirits are full of anguish ; some being infested by others , whom they accounted d●mnable ; some having their ambition stopped , because they are not in the way of advancement ; some in prison , and disgrace ; some , whose best friends are banished practisers ; many thinking you are an usurper ; many thinking also , you had disannulied your right , because of the popes excommunication : all burthened with the weight of their conscience ; men of great numbers , of great riches ( because the affairs of state have not lain on them ) of united minds ( as all men that deem themselves oppressed , naturally are ) with these i would willingly join all discontented persons , such as want and disgrace keeps lower than they have set their hearts . such as have resolved what to look for at your hands ; such , as caesar said , quibus opus est bello civili ; and are of his minde , malo in acie quàm in foro cadere : these be men so much the more to be doubted , because , as they do embrace all estates , so are they , commonly , of the bravest and wakefullest sort ; and , that know the advantage of the world most . this double rank of people , how their minds have stood , the northern rebellion , and infinite other practises have well taught you : which , if it be said , it did not prevail , that is true indeed ; for , if they had prevailed , it were too late now to deliberate . but , at this present , they want nothing so much as a head , who , in effect , needs not but to receive their instructions , since they may do mischief enough only with his countenance . let the sigingniam in henr. . time ; perkin warbeck in your grandfathers : but of all , the most lively and proper , is that of lewis the french kings son in henr. . time , who having at all no shew of title , yet did he cause the nobility , and more , to swear direct fealty and vassalage , and they delivered the strongest holds unto him . i say , let these be sufficient to prove , that occasion gives minds and scope to stranger things than ever would have been imagined : if then the affectionate side have their affections weakned , and the discontented have a gap to utter their discontent ; i think , it will seem an ill preparative for the patient , i mean your estate , to a great sickness . now the agent party , which is mounsieur , whether he be not apt to work upon the disadvantage of your estate , he is to be judged by his will and power : his will to be as full of light ambition as is possible ; besides the french disposition , and his own education , his inconstant attempt against his brother , his thrusting himself into the low country matters : his sometime seeking the king of spains daughter , sometimes your majesty , are evident testimonies of his being carried away with every wind of hope : taught to love greatness any way gotten : and having for the motioners and ministers of the mind , only such young men as have shewed , they think evil contentment a ground of any rebellion : who have seen no common-wealth but in faction , and divers of which have defiled their hands in odious murthers ; with such fancies , and favourites what is to be hoped for ? or that he will contain himself within the limits of your conditions , since in truth it were strange , that he that cannot be contented to be the second person in france , and heir apparant , should be content to come to be second person , where he should pretend no way to sovereignty ? his power i imagine is not to be despised , since he is come into a countrey where the way of evil-doing will be presented unto him : where there needs nothing but a head to draw together all the ill-affected members : himself a prince of great revenues , of the most popular nation of the world , full of souldiery , and such as are used to serve without pay , so as they may have shew of spoil ; and without question shall have his brother ready to help him , as well for old revenge , as to divert him from troubling france , and to deliver his own countrey from evil humors : neither is king philips marriage herein any example . since then it was between two of one religion , so that he in england stood only upon her strength , and had abroad king henry of france , ready to impeach any enterprize he should make for his greatness that way : and yet what events time would have brought forth of that marriage , your most blessed reign hath made vain all such considerations . but things holding in present state , i think i may easily conclude , that your countrey , as well by long peace and fruits of peace , as by the poyson of division ( wherewith the faithful shall by this means be wounded , and the contrary enabled ) made fit to receive hurt ; and mounsieur being every way likely to use the occasions to hurt , there can almost happen no worldly thing of more eminent danger to your estate royal. and as to your person , in the scale of your happiness , what good there may come by it to ballance with the loss of so honourable a constancy , truly yet i preceive not : i will not shew so much malice , as to object the universal doubt , the races unhealthfulness , neither will i lay to his charge the ague-like manner of proceedings , sometimes hot , & sometimes cold in the time of pursuit , which alwayes rightly is most ferven . and i wil temper my speeches from my other unreverend disgracings of him in particular ( though they might be never so true ) this only will say , that if he do come hither , he must live here in far meaner reputation then his mind will well brook , having no other royalty to countenance himself with , or else you must deliver him the keyes of your kingdom , and live at his discretion ; or lastly , he must be separate himself with more dishonour , and further disuniting of heart than ever before : often have heard you with protestation say , no private pleasure nor self-affection could lead you unto it ; but if it be both unprofitable for your kingdom , and unple sant to you , certainly it were a dear purchase of repentance : nothing can it add unto you , but the bliss of children , which i confess were a most unspeakable comfort . but yet no more appertaining unto him , then to any other to whom the height of all good haps were alloted , to be your husband ; and therefore i may assuredly affirm , that what good soever can follow marriage , is no more his than any bodies ; but the evils and dangers are peculiarly annexed to his person and condition . for as for the enriching of your countrey with treasure , which either he hath not , or hath otherwise bestowed it : or the staying of your servants minds with new expectation and liberality , which is more dangerous than fruitful , or the easing of your majesty of cares , which is as much to say , as the easing of you to be queen and sovereign ; i think every body perceives this way either to be full of hurt , or void of help . now resteth to consider what be the motives of this sudden change , as i have heard you in most sweet words deliver : fear of standing alone , in respect of forreign dealings : and in them from whom you should have respect , doubt of contempt : truly standing alone with good fore-sight of government both in peace and warlike defence , is the honourablest thing that can be to a well established monarchy : those buildings being ever most strongly durable , which lean to none other , but remain from their own foundation . so yet in the particulars of your estate presently , i will not altogether deny that a true massinissa were very fit to countermine the enterprize of mighty carthage . but how this general truth can be applyed unto mounsier , intruth i perceive not . the wisest that have given best rules where surest leagues are to be made , have said , that it must be between such as either vehement desire of a third thing , or as vehement fear doth knit their minds together . desire is counted the weaker bond ; but yet that bound so many princes to the expedition of the holy land. it united that invincible hen. . and that good duke of burgundy : the one , desiring to win the crown of france from the dauphin : the other , desiring to revenge his fathers murther upon the dauphin ; which both tended to one . that coupled lewis the twelfth , and ferdinando of spain , to the conquest of naples . of fear , there are innumerable examples : mounsieurs desires , and yours , how they should meet in publick matters , i think , no oracle can tell : for , as the geometricians say , that parallels , because they maintain divers lines , can never join ; so truly , two having in the beginning contrary principles , to bring forth one doctrine , must be some miracle . he , of the romish religion ; and , if he be a man , must needs have that manlike property , to desire that all men be of his mind : you the erector and defender of the contrary ; and the only sun that dazleth their eyes . he french , and desiring to make france great ; your majesty english , and desiring nothing less then that france should grow great . he , both by his own fancy , and his youthful governours , embracing all ambitious hopes , having alexanders image in his head , but , perhaps , evil painted : your majesty , with excellent vertue , taught what you should hope ; and by no less wisdom , what you may hope ; with a council renowned over all christendome , for their well tempered minds , having set the utmost of their ambition in your favour ; and the study of their souls in your safety . fear hath as little shew of outward appearance , as reason , to match you together ; for in this estate he is in , whom should he fear ? 〈◊〉 brother ? alas ! his brother is afraid , since the king of navar is to step into his place . neither can his brother be the safer by his fall ; but he may be the greater by his brothers ; whereto whether you will be an accessary , you are to determine . the king of spain , certainly , cannot make war upon him , but it must be upon all the crown of france ; which is no likelihood he will do . well may mounsieur ( as he hath done ) seek to enlarge the bounds of france upon his state ; which likewise , whether it be safe for you to be a countenance to , any other way , may be seen : so that if neither desire , nor fear , be such in him , as are to bind any publick fastness ; it may be said , that the only fortress of this your marriage , is , of his private affection ; a thing too incident to the person laying it up in such knots . the other objection of contempt in the subjects , i assure your majesty , if i had not heard it proceed out of your mouth , which of all other i do most dearly reverence , it would as soon ( considering the perfections both of body and mind , have set all mens eyes by the height of your estate ) have come to the possibility of my imagination , if one should have told me on the contrary side , that the greatest princes of the world should envy the state of some poor deformed pilgrim . what is there either withinyou , or without you , that can possibly fall into the danger of contempt , to whom fortunes are tryed by so long discent of your royal ancestors ? but our minds rejoyce with the experience of your inward vertues , and our eyes are delighted with the sight of you . but because your own eyes cannot see your self , neither can there be in the world any example fit to blaze you by , i beseech you vouchsafe to weigh the grounds thereof . the natural causes are lengths of government , and uncertainty of succession : the effects , as you term them , appear by cherishing some abominable speeches which some hellish minds have uttered . the longer a good prince raigneth , it is certain the more he is esteemed ; there is no man ever was weary of well being . and good increased to good , maketh the same good both greater and stronger ; for it useth men to know no other cares , when either men are born in the time , and so never saw other ; or have spent much part of their flourishing time , and so have no joy to seek other : in evil princes , abuse growing upon abuse according to the nature of evil , with the increase of time ruines it self . but in so rare a government where neighbours fires give us light to see our quietness , where nothing wants that true administration of justice brings forth , certainly the length of time rather breeds a mind to think there is no other life but in it , then that there is any tediousness in so fruitful a government . examples of good princes do ever confirm this , who the longer they lived , the deeper still they sunk into their subjects hearts . neither will i trouble you with examples , being so many and manifest . look into your own estate , how willingly they grant , and how dutifully they pay such subsidies as you demand of them ? how they are no less troublesome to your majesty in certain requests , than they were in the beginning of your reign : and your majesty shall find you have a people more then ever devoted to you . as for the uncertainty of succession , although for mine own part i know well i have cast the utmost anchor of my hope , yet for englands sake i would not say any thing against such determination , but that uncertain good should bring contempt to a certain good , i think it is beyond all reach of reason : nay , because if there were no other cause ( as there are infinite ) common reason and profit would teach us to hold that jewel dear , the loss of which would bring us to we know not what : which likewise is to be said of your majesties speech of the rising sun , a speech first used by scilla to pompey in rome , as then a popular city , where indeed men were to rise or fall , according to the flourish and breath of a many headed confusion . but in so lineal a monarchy , whereever the infants suck the love of their rightful prince , who would leave the beams of so fair a sun , for the dreadful expectation of a divided company of stars ? vertue and justice are the only bonds of peoples love : and as for that point , many princes have lost their crowns whose own children were manifest successors ; and some , that had their own children used as instruments of their ruine : not that i deny the bliss of children , but only to shew religion and equity to be of themselves sufficient stayes : neither is the love was born in the queen , your sisters daves , any contradiction hereunto ; for she was the oppressor of that religion which lived in many mens hearts , and whereof you were known to be the favourer ; by her loss , was the most excellent prince in the world to succeed ; by your loss , all blindness light upon him that sees not our misery . lastly , and most properly to this purpose , she had made an odious marriage with a stranger ( which is now in question , whether your majesty should do or no ) so that if your subjects do at this time look for any after-chance , it is but as the pilot doth to the ship-boat , if his ship should perish ; drive n by extremity to the one ; but , as long as he can with his life , tendring the other . and this i say , not only for the lively parts that be in you ; but even for their own sakes , since they must needs see what tempests threaten them . the last proof of this contempt , should be the venemous matter certain men impostumed with wickednesse should utter against you . certainly not to be evil spoken of , neither christs holiness , nor caesars might could ever prevent or warrant : there being for that no other rule , then so to do , as that they may not justly say evil of you ; which whether your majesty have not done , i leave it in you , to the sincereness of your own conscience , and wisdom of your judgment ; in the world , to your most manifest fruits and fame through europe ; augustus was told , that men spake of him much hurt ; it is no matter said he , so long as they cannot do much hurt . and lastly , charles th to one that told him , le holladour parlent mal , mais ilz. patient bien , answered le. i might make a scholar-like reckoning of many such examples . it sufficeth that these great princes knew well enough upon what wayes they flew , and cared little for the barking of a few currs : and truly in the behalf of your subjects , i durst with my blood answer it , that there was never monarch held in more precious reckoning of her people ; and before god how can it be otherwise ? for mine own part , when i hear some lost wretch hath defiled such a name with his mouth , i consider the right name of blasphemy , whose unbridled soul doth delight to deprave that which is accounted generally most high and holy . no no , most excellent lady , do not raze out the impression you have made in such a multitude of hearts , and let not the scum of such vile minds bear any witness against your subjects devotions : which , to proceed one point further , if it were otherwise , could little be helped , but rather nourished , and in effect begun by this . the only means of avoiding contempt , are love and fear : love as you have by divers means sent into the depth of their sousl ; so if any thing can stain so true a form , it must be the trimming your self , not in your own likeness , but in new colours unto them : their fear by him cannot be increased without appearance of french forces , the manifest death of your estate ; but well may it against him bear that face , which as the tragick seneca saith , metus in authorem redit , as because both in will and power he is like enough to do harm . since then it is dangerous for your state , as well because by inward weakness ( principally caused by division ) it is fit to receive harm ; since to your person it can no way be comfortable , you not desiring marriage , and neither to person nor state he is to bring any more good than any body , but more evil he may , since the causes that should drive you to this , are either fears of that which cannot happen , or by this means cannot be prevented ; i do with most humble heart say unto your majesty ( having assayed this dangerous help ) for your standing alone , you must take it for a singular honour god hath done you , to be indeed the only protector of his church ; and yet in worldly respects your kingdom very sufficient so to do , if you make that religion upon which you stand , to carry the only strength , and have aboard those that still maintain the same course , who aslongas they may be kept from utter falling , your majesty is sure enough from your mightiest enemies . as for this man , as long as he is but mounsieur in might , and a papist in profession , he neither can , nor will greatly shield you : and if he grow to be king , his defence will be like ajax shield , which rather weighed them down , than defended those that bare it . against contempt , if there be any , which i will never believe , let your excellent vertues of piety , justice and liberality daily , if it be possible , more and more shine ; let such particular actions be found out ( which be easie as i think to be done ) by which you may gratifie all the hearts of your people : let those in whom you find trust , and to whom you have committed trust in your weighty affairs , be held up in the eyes of your subjects . lastly , doing as you do , you shall be as you be , the example of princes , the ornament of this age , the comfort of the afflicted , the delight of your people , and the most excellent fruit of your progenitors , and the perfect mirror of your posterity . my lord sanquir's case . in this cause of the life and death , the juries part is in effect discharged , for after a frank and formal confession , their labour is at an end ; so that what hath been said by mr. attorney , or shall be said by my self , is rather convenient than necessary . my lord sanquire , your fault is great , it cannot be extenuated , and it cannot be aggravated ; and if it needed , you have made so full an anatomy of it out of your own feeling , as it cannot be matched by my self , or any man else out of conceit : so as that part of aggravation i leave . nay more , this christian and penitent course of yours , draws me thus far , that i will agree in some sort to extenuate it ; for certainly as even in extream evils there are degrees ; so this particular of your offence is such , as though it be soul spilling of blood , yet there are more soul ; for if you had sought to take a way a mans life for his vineyard , as achab did ; or for envie , as cain did ; or to possesse his bed , as david did ; surely the murder had been more odious . your temptation was revenge , which the more natural it was to man , the more have laws both divine and humane sought to repress it ; mihi vindicta . but in one thing you and i shall never agree . that generous spirits ( you say ) are hard to forgive ; no , contrariwise generous and magnanimous minds are readiest to forgive , and it is a weakness and impotency of mind to be unable to forgive ; corpora magnanimo satis est prostrasse leoni . but howsoever murther may arise from several motives , less or more odious , yet the law both of god and man involves them in one degree ; and therefore you may read that in joabs case , which was a murther upon revenge , and matcheth with our case ; he for a dear brother , and you for a dear part of your own body , yet there was never a severe charge given , that it should not be unpunished . and certainly the circumstance of time is heavy upon you ; it is now five years since this unfortunate man turner , be it upon accident , or be it upon despight , gave the provocation , which was the seed of your malice : all passions are asswaged with time , love , hatred , grief , all ; fire it self burns out with time , if no new fuel be put to it . therefore for you to have been in the gall of bitterness so long , and to have been in restless chase of this blood so many years , is a strange example , and i must tell you plainly , that i conceive you have suckt those affections of dwelling in malice , rather out of italy , and outlandish manners where you have conversed , than out of any part of this island , england or scotland . but that which is fittest for me to spend time in , ( the matter being confessed ) is , to set forth and magnifie to the hearers , the justice of this day ; first of god , and then of the king. my lord , you have friends and entertainments in forrein parts ; it had been an easie thing for you to set carlile , or some other blood-hound on work , when your person had been beyond the seas , and so this news might have come to you in a packet , and you might have looked on how the storm would pass ; but god bereaved you of this fore-sight , and bound you here under that hand of a king , that though abundant in clemenev , vet is no less ze lons of justice . again , when you came in at lambeth , you might have persisted in the denial of the procurement of the fact . carlile , a resolute man , might perhaps have cleared you ( for they that are resolute in mischief , are commonly obstinate in concealing their porcurers ) and so nothing should have been against you but presumption . but then also god , to take away all obstructions of justice , gave you the grace , which ought indeed to be more true comfort to you , than any device ( whereby you might have escaped ) to make a clear and plain confession . other impediments there were ( not a few ) which might have been an interruption to this dayes justice , had not god in his providence removed them . but now that i have given god the honour , let me give it likewise where it is next due , which is , to the king our sovereign . this murther was no sooner committed , and brought to his majesties ears ; but his just indignation wherewith he first was moved , cast it self into a great deal of care and prudence to have justice done : first came forth his proclamation somewhat of a rare form , and devised , and in esfect dictated by his majesty himself , and by that he did prosecute the offendors , as it were , with the breath and blast of his mouth : then did his majesty stretch forth his long arms ( for kings have long arms ) when they will extend them ; one of them to the sea , where he took hold of grey shipped for luedia , who gave the first light of testimony ; the other arm to scotland , and took hold of carlile , ere he was warm in his house , and brought him the length of his kingdom under such safe watch and custody , as he could have no means to escape , no nor to mischief himself , no nor learn no lessons to stand mute , in which case perhaps this dayes justice might have received a stop ; so that i may conclude , his majesty hath shewed himself gods true lieutenant , and that he is no respecter of persons ; but english , scottish , noblemen , fencer , are to him alike in respect of justice . nay , i must say further , that his majesty hath had in this , a kind of prophetical spirit ; for what time carlile and grey , and you my lord your self were fled , no man knew whether , to the four winds ; the king ever spake in a confident and undertaking manner , that wheresoever the offenders were in europe , he would produce them forth to justice ; of which noble word god hath made him master . lastly , i will conclude towards you my lord , that though your offence hath been great , yet your confession hath been free , and your behaviour and speech full of discretion ; and this shews , that though you could not resist the tempter , yet you bear a christian and generous spirit , answerable to the noble family of which you are descended . this i commend in you , and take it to be an assured token of god smercy and favour , in respect whereof , all worldly things are but trash , and so it is fit for you as your state now is , to account them ; and this is all i will say for the present . my lady shrewsburies cause . your lordships do observe the nature of this charge . my lady of shrewsbury , a lady wise , and that ought to know what duty requireth , is charged to have refused , and to have persisted in refusal to answer , and to be examined in a high cause of state , being examined by the council-table , which is a representative body of the king , the nature of the cause upon which she was examined , is an essential point which doth aggravate and encrease this contempt and presumption , and therefore of necessity with that we must begin . how graciously and parent-like , his majesty used the lady arbella before she gave him cause of indignation , the world knoweth . my lady notwithstanding extreamly ill-advised , transacted the most weighty and binding part and action of her life , which is her marriage , without acquanting his majesty , which had been a neglect even to a mean parent . but being to our sovereign , and she standing so near to his majesty as she doth , and then choosing such a condition as it pleased her to chuse , all parties laid together , how dangerous it was , my lady might have read it in the fortune of that house wherewith she is matched ; for it was not unlike the case of mr. seymers grandmother . the king nevertheless so remembred he was a king , as he forgot not he was a kinsman , and placed her only sub libera custodia . but now did my lady accumulate and heap up this offence with a far greater than the former , by seeking to withdraw her self out of the kings power into forreign parts . that this flight or escape into forreign parts might have been seed of trouble to this state , is a matter whereof the conceit of a vulgar person is not capable . for although my lady should have put on a mind to continue her loyalty , as nature and duty did bind her ; yet when she was in another sphere she must have moved in the motion of that o b , and not of the planet it self . and god forbid the kings felicity should be so little , as she should not have envy and enviers enough in forreign parts . it is true , if any forreigner had wrought upon this occasion , i do not doubt but the intent would have been as the prophet saith , they have conceived mischief , and brought forth a vain thing . but yet your lordships know that it is wisdom in princes , and it is a watch they owe to themselves , and to their people , to stop the beginnings of evils , and not to despise them . seneca saith well , non jam amplius levia sunt pericula si levia videantur ; dangers cease to be light , because by delp●sing they grow , and gather strength . and accordingly hath been the practice both of the wisest and stoutest princes to hold , for matter pregnant of peril , to have any near them in blood flie into forreign parts . wherein i will not wander , but take the example of king hen. . a prince uot unfit to be parallel'd with his majesty ; i mean not the particular of perkin werbeck ; for he was but an idol , or a disguise ; but the example i mean , is that of the earl of suffolk , whom that king extorted from philip of austria . the story is memorable , that philip after the death of isabella coming to take possession of his kingdom of castilia ( which was but matrimonial to his father in law ferdinando of arragon , ) was cast by weather upon the coast of tamouth , where the italian story saith , king henry used him in all things else as a prince , but in one thing as a prisoner ; for he forced upon him a promise to restore the earl of suffolk that was fled into flanders ; and yet this i note was in the . year of his reign when the king had a goodly prince at mans estate besides his daughters , nay , and the whole line of clarence nearer in title ; for that earl of suffolk was descended of a sister of edward . so far off did that king take his aim . to this action of so deep consequence , it appeareth you ( my lady of shrewsbury ) were privy , not upon forreign suspitions or strained inferences , but upon vehement presumptions , now clear and particular testimony , as hath been opened to you , so as the king had not only reason to examine you upon it , but to have proceeded with you upon it as for a great contempt , which if it be reserved for the present , your ladiship is to understand it aright , that it is not defect of proof , but abundance of grace that is the cause of this proceeding . and your lady-ship shall do well to see into what danger you have brought your self : all offences consist of the fact which is open , and the intent which is secret ; this fact of conspiring in the flight of this lady , may bear a hard , and gentler construction ; if upon over much affection to your kinswoman , gentler ; if upon practice or other end , harder ; you must take heed how you enter into such actions , whereof if the hidden part be drawn unto that which is open , it may be your overthrow , which i speak not by way of charge , but by way of caution . for that which you are properly charged with , you must know that all subjects , without distinction of degrees , owe to the king tribute and service , not only of their deed and hand , but of their knowledge and discoverie . if there be any thing that imports the kings service , they ought themselves undemanded to impart it , much more if they be called and examined , whether it be of their own fact , or of anothers , they ought to make direct answer ; neither was there ever any subject brought into causes of estate to trial judicial , but first he passed examination ; for examination is the entrance of justice in criminal causes ; it is one of the eyes of the kings politique bodie ; there are but two , information , and examination ; it may not be endured that one of the lights be put out by your example . your excuses are not worthie your own judgment ; rash vowes of lawful things are to be kept , but unlawful vowes not ; your own divines will tell you so . for your examples , they are some erroneous traditions . my lord of pembrook spake somewhat that he was unlettered , and it was but when he was examined by one private councellor , to whom he took exception . that of my lord lumley is a fiction ; the preheminences of nobility i would hold with to the last graine ; but every dayes experience is to the contrary . nay , you may learn dutie of my lady arbella her self , a lady of the blood , of an higher rank than your self , who declining ( and yet that but by request neither to declare of your fact ) yieldeth ingenuously to be examined of her own ; i do not doubt but by this time you see both your own error , and the kings grace in proceeding with you in this manner . sir nicholas throckmorton , then ambassadour in france , to queen elizabeth , touching a free passage for the queen of scots , through england into scotland . it may please your majesty to understand that the of july i received your letters at poisey of the of the same , by francisco this bearer , and for that i could not according to your majesties instructions in the same letters , accomplish the contents of them , until mounsieur d' oysell had delivered your letters to the french king , the queen of scotland , and the queen mother ( who did not arrive at this court till the th of this present ) i did defer to treat with any of the princes of your majesties answer to the said mounsieur d' oysell . nevertheless the th of this moneth i required audience of the french king , which was granted me , the same day in the after-noon i repaired to his court being at saint germanes , and there the queen-mother accompanied with the king of navarre , and sundry other great personages , was in the place of state to hear what i had to say to the king her son who was absent ; unto her i declared your majesties pleasure according to my instructions , concerning your acceptation of the hostages already received , and hereafter to be received , signified to me by your majesties letters of the of june , and as i wrote to your majesty lately , brought to me by mounsieur de noailles the of july , for answer whereunto the queen mother said , mounsieur l' ambassadour , we marvail greatly how it cometh to pass that the queen your mistress doth not make more stay to receive the king my sons hostages , than she hath done heretofore ; for from the beginning since the hostages were sent into england , neither the king my late lord and husband , nor the late king my son , did either recommend the sufficiency of their hostages by their letters , or cause their names to be recommended unto you the ambassador ; but the presentation of them by our ambassador in england did suffice : thereunto i said , madam , you know they be hostages for a matter of some moment , and if they should neither have the kings assurance for their validity , nor the queen my mistris ambassadours allowance of their sufficiency , some personages might be sent which were neither meet for the king to send , nor for the queen my mistris to receive ; and yet madam , the queen my mistris doth not require the manner of recommending the sufficiency of the hostages , for any doubt she hath that unmeet persons should be sent ; but rather , because a friendly and sincere fashion of dealing should be betwixt her good brother and her , with whom her majesty is so desirous to have a perfect & assured amity : i said also , that the king her son hath notified both to my lord of bedford at his being here , and unto me the names of some of the hostages , as the count of benon before his going into england , as mounsieur de sualt , who had the charge so to do , could well inform her ; so as this motion need not seem strange for the newness . the queen answered , mounsieur l' ambassadour , we be well-pleased , seeing your mistriss doth require it , that from henceforth either the hostages shall have the king my sons letters of recommendation , or else their names should be notified unto you , or any other her ambassadour here ; and i pray you mounsieur l' ambassadour , quoth she , give the queen your mistris my good sister to understand from me , that if there be any thing in this countrey that may please her , she shall have it , if i may know her liking ; i told the said queen , that i was sure your majesty was of the same mind towards her , for any pleasures to content her in your realm , and so i took my leave of her for that time . it may farther please your majesty , having intelligence that mounsieur d' oysell had advertised the queen of scotland , by rollot her secretary , the th . of this present , what answer your majesty had made him ; and hearing also of the sundry praises and discourses made here , of that your majesty answered , i sent to dampier ( a house of the cardinal of lorrains ) the th . of this month , to the queen of scotland to require audience of her , which she appointed me to have the next day in the afternoon at st. germanes ; she was ( accompanied ) at domfier with her unkles the cardinals of lorrain and guise , and the duke of guise ; there was also the duke of nemours , who the same day arrived there in post out of savoy , and visited the said queen before he came to this town . the th of this present in the afternoon , i had access to the said queen of scotland with whom i found mounsieur d' oysel talking when i entred into her chamber ; she dismissed mounsieur d' oysel , and rose from her chair when she saw me ; unto whom i said , madam , whereas you sent lately mounsieur d' oysel to the queen my mistris to demand her majesties safe conduct for your free passage by sea into your own realm , and to be accommodated with such favours as upon events you might have need of upon the coast of england , and also did farther require the free passage of the said mounsieur d' oysel into scotland through england . the queen my mistriss hath not thought good to suffer the said mounsieur d' oysel to pass into scotland , nor to satisfy your desire for your passage home , neither for such other favours as you required to be accommodated withall at her majesties hand , in as much as you have not accomplished the ratification of the treaty accorded by your deputies in july , now twelve months ago at edenburgh , which in honour you are bound many wayes to perform ; for besides , that you stand bound by your hand and seal , whereby your commissioners were authorized , it may please you madam to remember , that many promises have been made for the performance thereof , as well in the king your husbands time , as by your self since his death , and yet not withstanding the treaty remaineth unratified , as before , a whole year being expired since the accord thereof , which by your commissioners was agreed to have been ratified within sixty dayes : so as upon this unamicable and indirect dealings , the queen my mistriss hath refused you these favours and pleasures by you required , and hath grounded this her majesties strangeness unto you , upon your own behaviour , which her majesty doth ungladly , both for that your majesty is as she is , a queen , her next neighbour and next kinswoman ; nevertheless her majesty hath commanded me to say unto you , madam ( quoth i ) that if you can like to be better advised , and to ratifie the treaty , as you in honour are bound to do , her majesty will not only give you and yours free passage , but also will be most glad to see you pass through her realm , that you may be accommodated with the pleasure thereof , and such friendly conference may be had betwixt you , as all unkindness may be quenched , and an assured perfect amity betwixt you both for ever establisht . having said thus much unto her , the said queen sat down , and made me sit also by her ; she then commanded all the audience to retire them further of , and said , mounsieur l' ambassadour , i know not well my own infirmity , nor how far i may with my passion be transported : but i like not to have so many witnesses of my passions , as the queen your mistriss was content to have , when she talked with mounsieur d'oysil ; there is nothing that doth more grieve me , then that i did so forget my self , as to require of the queen your mistriss that favour which i had no need to ask i needed no more to have made her privy to my journey , than she doth me of hers ; i may pass well enough home into my own realm , i think , without her pass-port or license ; for though the late king your master ( said she ) used all the impeachment he could both to stay me , and catch me when i came hither , yet you know mounsieur le ambassadour , i came hither safely , and i may have as good means to help me home again , as i had to come hither , if i would imploy my friends : truly ( said she ) i was so far from evil meaning to the queen your mistriss , that at this time i was more willing to employ her amity to stand me instead , than all the friends i have , and yet you know both in this realm , and elsewhere , i have both friends and allies , and such as would be glad and willing to employ both their forces and aid to stand me instead ; you have mounsieur l' ambassadour ( quoth she ) oftentimes told me , that the amity between the queen your mistriss and me , were very necessary and profitable for us both ; i have some reason ( quoth she ) now to think that the queen your mistriss is not of that mind ; for i am sure if she were , she would not have thus refused me thus unkindly ; it seemeth she maketh more account of the amity of my disob●dient subjects , than she doth of me their sovereign , who am her equalind gree , though inferiour in in wisdome and experience , her highest kinswoman , and her next neighbour , and trow you ( quoth she ) that there can be so good meaning between my subjects and her , which have forgotten their principal duty to me their soveraign , as there should be betwixt her and me ? i perceive that the queen your mistriss doth think , that because my subjects have done me wrong , my friends and allies will forsake me also : indeed your mistriss doth give me cause to seeke friendship where i did not mind to ask it ; but mounsieur l' ambassadour , let the queen your mistriss think that it will be thought very strange amongst all princes and countries , that she should first animate my subjects against me , and now being widow , to impeach my going into my own countrey : i ask her nothing but friendship ; i do not trouble her state , nor practise with her subjects : and yet i know there be in her realm that be inclined enough to hear offers ; i know also they be not of the mind she is of , neither in religion , nor other things . the queen your mistriss doth say that i am young , and do lack experience ; indeed ( quoth she ) i consess , i am younger then she is , and do want experience : but i have age enough and experience to use my self towards my friends and kinsfolks friendly and uprightly ; and i trust my discretion shall not so fail me , that my passion shall move me to use other language of her then it becometh of a queen and my next kinswoman . well mounsieur l' ambassadour , i could tell you that i am as she is , a queen allied and friended , as is known ; and i tell you also , that my heart is not inferiour to hers , so as an equal respect would be had betwixt us on both parts ; but i will not contend in comparisons : first you know ( quoth she ) that the accord was made in the late king my lord and husbands time , by whom , as reason was , i was commanded and governed ; and for such delays , as were then in his time used in the said ratification , i am not to be charged ; since his death , my interest failing in the realm of france , i left to be advised by the councel of france , and they left me also to mine own councel ; indeed ( quoth she ) my unkles being as you know of the affaires of this realm , do not think meet to advise me in my affairs , neither do my subjects , nor the queen your mistriss think meet that i should be advised by them ; but rather by the councel of my own realm ; here are none of them , nor none such ●s is thought meet that i should be counselled by ; the matter is great , it toucheth both them and me ; and in so great a matter it were meet to use the advice of the wisest of them ; i do not think it meet in so great a matter to take the counsel of private and unexpert persons , and such as the queen your mistriss knoweth be not most acceptable to such of my subjects as she would have me be advised by ; i have ( quoth she ) often times told you , that as soon as i had their advices , i would send the queen your mistriss such an answer as should be reasonable ; i am about to haste me home as fast as i may , to the intent the matter might be answered ; and now the queen your mistriss will in no wise suffer neither me to pass home , nor him that i sent into my realm ; so as mounsieur l' ambassadour ( quoth she ) it seemeth the queen your mistriss will be the cause why in this manner she is not satisfied , or else she will not be satisfied ; but liketh to make this matter a quarrel still betwixt us , whereof she is the author : the queen your mistriss saith that i am young ; she might well say that i were as foolish as young , if i would in the state and countrey that i am in , proceed to such a matter of my self without any counsel ; for that which was done by the king my late lord and husband , must not be taken to be my act ; so as neither in honour , nor in conscience i am bound , as you say i am , to perform all that was by my lord and husband commanded to do ; and yet ( quoth she ) i will say truly unto you , and as god favours me , i did never mean otherwise unto her , than becometh me to my good sister and cosin ; nor meant her no more harm than to my self ; god forgive them which have otherwise perswaded her , if there be any such ; what is the matter , pray you , mounsieur l' ambassadour ( quoth she ) that doth so offend the queen your mistriss , to make her thus evil-affected to me i never did her wrong , neither in deed , nor speech ; it should the less grieve me , if i had deserved otherwise than well ; and though the world may be of divers judgments of us and our doings one to another , do well know , god that is in heaven can , and will be a true judge both of our doings and meanings . i answered , madam , i have declared unto you my charge commanded by the queen my mistriss , and have no more to say to you on her behalf , but to know your answer for the ratification of the treaty . the queen answered , i have aforetime shewed you , and do now tell you again , that it is not meet for to proceed in this matter without the advice of the nobles and states of mine own realm , which i can by no means have until i come amongst them . you know ( quoth she ) as well as i , there is none come hither since the death of the king my late husband and lord , but such as are either come for their private business , or such as dare not tarry in scotland ; but i pray you mounsieur l' ambassadour ( quoth she ) tell me how riseth this strange affection in the queen your mistriss towards me ; i desire to know it , to the intent i may reform my self , if i have failed . i answered , madam , i have by the commandment of the queen my mistriss declared unto you the cause of her miscontentation already : but seeing you so desirous to hear how you may be charged with any deserving as one that speaketh of mine own minde , without instruction , i will be so bold madam , by way of discourse to tell you ; as soon as the queen my mistriss , after the death of her sister , came to the crown of england , you bore the armes of england diversly quartered with your own , and used in your countrey notoriously the style and title of the queen my mistriss , which was never by you put in ure in queen maries time ; and if any thing can be more prejudicial to a prince , than to usurp the tide and interest belonging to them , madam , i do refer it to your own judgment ; you see such as be noted usurpers of other folks states , cannot patiently be born withal for such doings ; much more the queen my mistress hath cause to be grieved ( considering her undoubted and lawful interest ) with the offer of such injury ; mounsieur l'ambassadour , said she , i was then under the commandment of king henry my father , and of the king my lord and husband , and whatsoever was done then by their order and commandments , the same was in like manner continued until both their deaths , since which time , you know i neither bore the armes , nor used the title of england ; me thinks ( quoth she ) these my doings might ascertain the queen your mistriss , that that which was done before , was done by commandment of them that had the power over me ; and also in reason she ought to be satisfied , seeing i order my doings as i tell you ; it were no great dishonour to the queen my cosen your mistriss , though i a queen also did bear the armes of england ; for i am sure , some inferior to me , and that be not on every side so well apparen●ed as i am , do bear the armes of england . you cannot deny ( quoth she ) but that my grandmother was the king her fathers sister , and i trow the eldest sister he had ; i do assure you mounsieur l'ambassadour , and do speak unto you truly , as i think , i never meant , nor thought matter against the queen my cousin . indeed ( quoth she ) i know what i am , and would be loth either to do others wrong , or suffer too much wrong to my self ; and now that i have told you my minde plainly , i pray behave your self betwixt us like a good minister , whose part is to make things betwixt princes rather better than worse ; and so i took my leave of the said queen for that time . the same day after this my audience , i required audience in like manner of the french king , which was assigned me on the . of this present at afternoon : at which time , i did set forth , as well as i could , to the queen-mother , the good reasons and just occasions , according to your majesties instructions , why your majesty did refuse the queen of scotland your safe conduct , for her free passage into her countrey ; and declared at good length , the causes why your majesty did not accommodate the said queen of scotland with such favours as she required in her passage , not forgetting the reasons that moved your majesty to return mounsieur d'oysell back hither again . the queen-mother answered , mounsieur l'ambassadour , the king my son , and i , are very sorry to hear that the queen my good sister your mistriss , hath refused the queen my daughter free passage home into her own realm ; this may be an occasion of farther unkindness betwixt them , and so prove to be a cause and entry into war ; they are neighbours , and near cosins , and either of them hath great friends and allies , so as it may chance , that more unquietness shall ensue of this matter , than is to be wished for , or then is meet to come to pass ; thanks be to god ( quoth she ) all the princes of christendome are now in peace , and it were great pity that they should not so continue ; and where ( said she ) i perceive the matter of this unkindness is grounded upon the delay of ratification of the treaty : the queen my daughter hath declared unto you , that she doth stay the same , until she may have the advice of her own subjects , wherein methinks ( said she ) my daughter doth discreetly for many respects ; and though she have her unkies here by whom it is thought ( as reason is ) she should be advised ; yet considering they be subjects and counsellors to the king my son , they be not the meetest to give her counsel in this matter ; the nobles and states of her own realm , would neither like it , nor allow it , that their sovereign should resolve without their advice in matter of consequence : therefore mounsieur l'ambassadour , quoth she , methinks the queen your mistriss might be satisfied with this answer , and accommodate the queen my daughter , her cousin and neighbour with such favours as she demandeth . i answered , madam , the queen my mistriss trusteth , you will upon the reasons before by me declared , as her good sister and friend , interpret the matter as favourably on her part , as on the queen of scotlands ; and that you will also indifferently consider how much it importeth my mistriss not to suffer a matter so dangerous to her and her state , as this is , to passe unprovided for ; it seemeth by the many delayes which in this matter have been used , after so many fair and sundry promises , that the queen of scotland hath not meant so sincerely and plainly as the queen my mistriss hath done ; for by this time the said queen might have known the minds of her subjects in scotland , if she liked to propound the matter unto them ; there have been since the death of the king your son and her husband , two or three assembli●s of the nobles and states in scotland , and this matter was never put forth amongst them ; hither have come out of scotland many of sandry estates , and some that the queen did send with commission thither , as the lord of finliter to treat on her behalf with he estates of that realm , and of other matters ; so as if she had minded an end in this matter of the treaty , before this time she might have heard her subjects advices . thereto the queen-mother said , the king my son and i would be glad to do good betwixt the queen my sister your mistriss , and the queen my daughter , and shall be glad to hear that there were good amity betwixt them ; for neither the king my son , nor i , nor none of his council will do harm in the matter , nor shew our selves other than friends to them both . after this , i took my leave of the said queen-mother , and addressed my speech to the king of navarre , unto whom i declared , as i had done to the queen-mother , adding , that your majesty esteemed his amity and friendship entire ; that you did not doubt of his good acceptation of your doings and proceedings with the queen of scotland ; and said further , that for your majesties purpose to have reason at all times , and in all things of the queen of scotland , it were better she were in her own countrey than here ; the said king conceived that your majesty needed not doubt that the king his sovereign would shew himself in this matter more affectionate to the queen of scotland , than to you his good sister , and thereof he bade me assure your majesty . then taking my leave of the said king of navarre , i went to the constable , and declared unto him , as i had done unto the king of navarre , on your majesties behalf ; the constable humbly thanked your majesty that you would communicate your affaires with him , which argued your good opinion of him ; he said , he trusted that your expectation should not be deceived of him ; but would rather so behave himself towards your majesty , as your good opinion of him should be increased : as to the matter of the queen of scotland , he was sorry that the occasions were such , as your majesty could not bestow such kindness on her as was meet betwixt princes so neer neighbours and kinsfolks ; but he trusted that time would repair these unkindnesses betwixt you ; as for his part , he prayed your majesty to think that he would never give other advice to the king his sovereign , but such as should rather increase the good amity betwixt both your majesties , than diminish it ; and so prayed me to present his most humble commendation and service to your majesty , wherewith i took my leave of him . and to the intent i might the better descipher whether the queen of scotland did mind to continue her voyage , i did the same of july ( after my former negotiations finished ) repair to the said queen of scotland to take my leave of her ; unto whom i then declared , that in as much as i was your majesties ambassadour , as well to her for the matters of scotland , as to the french king your good brother , and hearing by common bruit that she minded to take her voyage very shortly , i thought it my duty to take my leave of her , and was sorry she had not given your majesty so good occasion of amity , as that i your minister could not conveniently wait upon her to her embarking . the said queen made answer , mounsieur l' ambassadour , if my preparations were not so much advanced as they are , peradventure the queen your mistrisses unkindness , might stay my voyage ; but now i am determined to adventure the matter , whatsoever come of it ; i trust ( quoth she ) the wind will be so favourable , as i shall not need to come on the coast of england ; and if i do , then mounsieur l' ambassadour , the queen your mistriss shall have me in her hands to do her will of me ; and if she be so hard-hearted as to desire my end , she may then do her pleasure , and make sacrifice of me ; peradventure that casualty might be better for me , than to live ; in this matter ( quoth she ) gods will be fulfilled . i answered , she might amend all this matter if she would , and find more amity of your majesty and your realm , than of any other prince or countrey . the queen answered , i have ( me thinketh ) offered and spoken that that might suffice the queen my sister , if she will take any thing well at my hand ; i trust ( said she ) for all this , we shall agree better than some would have us , and for my part i will not take all things to the worst ; i hope also ( said she ) the queen my sister and cosin , will do the like , whereof ( quoth she ) i doubt not , if ministers do no harm betwixt us : and so the said queen embraced me . this is the sum of my negotiations at these my last audiences with the french king , the queen-mother , the king of navarre , the queen of scotland , and the constable ; whereof i have thought meet to enlarge to your majesty in such fort as the same passed , and was uttered betwixt us . as far as i can perceive , the said queen of scotland continueth her voyage still , and i hear that villageigmon and octavian have the principal order of her said voyage , and mean to sail along the coast of flanders , and so to strike over to the north-part of scotland , as the wind shall serve ; she did once mean to use the west-passage , but now she dares not trust the duke of chastillerault , nor the earl of arguile , and therefore dareth not to pass by the west-seas . the said queen , as i hear , desireth to borrow of the french king a hundred thousand crowns , the same to be received again of her dowry , which is twenty eight thousand crowns by the year ; the queen-mother is willing to help her ; the king of navarre doth not further the matter , but seeketh to abridge the sum . after i had done my negotiations at the court , i was constrained to dislodge from poissey , for the assembly of the clergy , who meet there to the end of this month , and the ambassadours are now appointed to lodge at paris . the queen of scotland departed from st. germanes yesterday . of july towards her voyage as she bruiteth it : she sendeth most of her train strait to new-haven to embark , and she herself goeth such a way between both , as she will be at her choice to go to new-haven , or to callis upon the sudden what she will do , or where she will embark , she will be acknown to never a scotch man , and but to few french. and for all these shews and boasts , some think she will not go at all , and yet all her stuff is sent down to the sea , and none other bruit in her house but of her hasty going ; if it would please your majesty to cause some to be sent privily to all the ports on this side , the certainty shall be better known to your majesty that way by the laying of her vessels , than i can advertise it hence . she hath said , that at her coming into scotland , she will forthwith rid the realm of all the english men there ; namely , of your majesties agent there , and forbid mutual traffick with your majesties subjects ; if she make the haste to embark that she seemeth to do , she will be almost ready to embark by that time this shall come to your majesties hands . two or three dayes ago , the french king was troubled with a pain in his head , and the same beginneth to break from him by bleeding at the nose , and running at his ear , it is taken to be the same disease in his head , whereof his brother died ; but by voiding it ( which the other could not do , that organ being stopped ) this king is well amended . at the dispatch hereof the king of navarre was unquieted by a flux and a vomit , and the queen mother with a fever . i hear that in gascony , the people stir apace for religion ( as they do in many other places ) and being there assembled , to the number of four thousand , have entred a town , thrown down the images , and put out the priests , and will suffer no masse to be said there . my lord of levistou being ready to go homewards into scotland through england , went to the queen of scotland for his leave so to do ; but she hath commanded him to tarry and wait on her , and to meet her at abevillo , without letting him know any thing else ; he in doubt what she will do , is content to expect her coming thither , and to do then as she shall command him ; and seeing no likelihood of her short passing , ( which he sath is uncertain ) but that she will go to callis , there to hover and hearken what your majesty doth to stop her , and according thereunto to go or stay ; he mindeth to get him home ; he hath required my letters of recommendations to your majesties officers at his landing in england ; which for his good devotion towards your majesty , and for that he is one that wisheth the same well , i have not refused him ; and so humbly beseech your majesties good favour towards him , at his coming to your majesty for his pass-port . here is a bruit , that the turk is greatly impeached , both by a sort of jewes within his own countrey , and also by the sophy . and thus i pray god long to preserve your majesty in health , honour and all felicity ; from paris , july . . your majesties most humble , and most obedient subject and servant , n. throckmorton . finis . the alphabetical table . b. bacon sir francis , not a man born under sol , that loves honour ; nor under jupiter , that loves business ; place of any reasonable countenance , commands more wits than a mans own . pag. , . assures the lord burleigh , that his endeavours shall not be in fault , if diligence can intitle him unto it , and wishes to shew his service with as good proof , as he can say it in good faith . , . caresses the earl of northumberland . , . the entrance of king james , a fair morning before the sun rising . this state performed the part of good attorneys , in delivering the king quiet possession . , . no reason the world should reject truth in philosophy , although the author dissents in religion . ● . advice to the king , touching his revenue . . the kings attorneys place , and the value of it honestly . the chancellors placo usually conferred upon the kings council , and not upon a judge . reasons against the lords , cook and hubbart , and the archbishop . the body of parliament men is cardo rerum . part of the chancellors place is regnum judiciale , and since his fathers time but too much inlarged . pag. , . a narration in several letters of the differences between the chancery , and kings bench , and the grounds thereof stated to the king. , , . the proceedings against somerset , and divers private transactions touching that business . . . , , , , &c. his advice to sir george villiers concorning ireland , wherein three propositions are acutely scan'd . . touching the recusant magistrates of towns there . . about roducing the number of the council , from fifty to twenty . . that a means may be found to re-enforce the army by . or . men , without increase of charge . , , . from him to the duke , when he first became a favourite , with somo directions or his demeanor in that eminent place , ranked into eight material heads , with an ample and quaint gloss upon each of them , most elegantly pen'd . , . again to him , upon sending his pattent for viscount villiers , with several avisoes , and incidently a censure of the cecils , the father and the son. pag. , . sends the king a certificate from the lord coke . . sends to the king an essay of history of his majesties time . . desires the history of brittain may be written , for three observations . , . sixty four years old in age , and three years and five months in misery , desires neither means , place , nor imployment , but a total remission of the sentence of the upper house , by the example of sir john bennet . . to the king , touching the plantation of ireland ; as formerly of the union , as being brother thereunto . . to the earl of salisbury , touching his book of the advancement of learning , saying , he is but like a bell-ringer , to awake better spirits . , . several letters to great personages , in sending unto them his book of advancement of learning , and the presenting of it to the king. , . to dr. plafer , touching the translating of it into latine , with many excellent reasons to that inducement . , . to sir thomas bodley , upon sending the same book . . to divers friends , upon sending unto them some other of his books . . , , . to mr. savil , touching the education of youth , and the improving the intellectual powers . pag. . a factious book , stiling the queen , misera faemina , the addition of the popes bull. . the business of the commendams , and the carriage of the judges therein , related to the king. , . three examples of great calamity , demosthenes , cicero , and seneca : a discourse concerning his own books . , , . a learned and ample discourse , touching a digest to be made of the laws of england ; from . to . to the earl of devonshire , a letter apologetical , touching a common fame , as if he had been false , or ungrateful to the earl of essex , something long , but exquisitely pen'd ; from . to . a discourse touching helps for the intellectual powers , by sir fran. bacoa : faber quisque fortunae suae , an insolent saying , except it be interpreted as an hortative to correct sl●th , and not as it soundeth , an high imagination for any man to fathom all accidents : faber quisque ingenii sui , more true , and more profitable : divers manner of instances in improvements , not only in the body of man , but in his mind , and spirit , and therein not only in his appetite , and affection , but in his powers of wit , and reason : the will most manageable , and admitteth most medicines for cure. the first is religion . . opinion , and apprehension . . example . . when one affection is corrected by another : and lastly a confirmation of all , by custom and habit : five rules for exercises . pag. [ , , , ] sir francis bacon to the king modestly apologetical , intimating his former services , and his present low condition , after the sentence pronounced against him by the lords : implores the king , that he that hath born a bag , may not in his age be forc'd to bear awallet : nor he that desired to live to study , may not be driven to study to live . [ , , , ] c. cecil sir william , to sir henry norris ambassadour in france , about his entertainment there , being extraordinary , and what the reason should be , sha'ne oneal sues to be received into the queens favour . , . taxes mounsieur de foix , for breach of promise , in not delivering lestrille . the news of the death of the king of scots , and the manner of it . earl bothwell suspected . , . callice demanded to be restored to the queen , according to the treaty of cambray . more of the business of the murder of the king of scots , words which touch't that queen , but fit to be supprest . pag. , . if callice be not delivered , l. is to be forfeited . . matters in flanders go hard against the protestants . . those of the order of france ( if life or honour be touched ) to be tried by kings , and others of the same order . ibid. marriage of the queen of scots to bothwell , the prime of the nobility against it . . the french kings letter touching callice , ill resented by the queen . the queen of scots married the th . of may. . bothwell prosecuted for the murder , defended by the queen , and the hambletons ; the queen under restraint . sha'ne oneal slain in ireland by certain scots . . sir nicholas throckmorton sent into scotland , to negotiate a pacification . the two factions of the hambletons and lenox's . . the prince of scotland crowned at sterling , the th . of july . . queen elizabeth offended with the scotch lords . murray like to be made regent . advice to sir henry norris , touching his expences . . murray made regent , my lord of sussex with the emperour , all judges , officers , &c. at antwerp compelled to attest the catholick faith. . bothwell reported to be taken at sea. , . dunbar rendred to the regent , the keeper thereof adjudged to a new punishment . pag. . expectation of marriage between the queen , and the archduke charles . . troubles in france between the prince of conde , and the king. , . the queen of scots noted by the parliament there , to be privy to the murder of her husband . . the earl of desmond , and his brother , in the tower. . fishermen of diepe taken at rye with unlawful nets . . the popes ministers preferre the state of their corrupt church , before the weal of any kingdom . . the earl of sussex his return . the prince of orange his son to be sent into spain , and doubted egmond , and horn must follow . ibid. emanuel tremelius sent into england , by the elector palatine . the prince of orange refuseth to be judged by the duke of alva . the hambletons continue their faction . the death of sir ambrose cave . . beaton sent from scotland into france , for . harquebusiers , money , and ordnance . . devilish practice against the queen . the scots queen removed to bolton castle , her demands of the queen denied . . the queen of scots submits her cause to be heard , and determined in england . , , , &c. what preparations in france intended for scotland . great expectation of the success of matters in the low countries . pag. . unhappy , but incredible news out of flanders . the duke of norfolk , the earl of sussex , and sir walter mildmay , commissioners in the north , about the queen of scots business . . she makes arguile and huntley lieutenants , and the duke of chastillherault over all . they raise forces against the regent , are routed . . a couragious answer from queen elizabeth , to the french ambassadour , and the audience adjourned . . she sends a ring to marshal montmorancy his wife . . the bishop of rhemes ambassador from france , is offended , that the doctrine of rome is said to be contrary to christs , deducing consequently , that his mr. should be reputed no christian , and how that speech was salved . the cardinal chastillons wife comes over . , . the reason of the cardinals coming into england . ships sent by the queen , to preserve the bourdeaux fleet. the queen of scots case not defensible , and the consequence thereof . . matters about the queen of scots . chastillion highly commended . , . the cause of the queen of scots to be heard here . . passages touching the differences between the king , and the prince of conde . pag. . matters against the queen of scots very bad . . sir henry norris claims the lord dacres lands . . three manner of wayes proposed for ending the scottish differences . . spanish treasure stayed . ibid. , . the parliament of scotland declares the queen of scots privy to the murder of her husband . . d'assonvill comes over without commission , and desires conference with the spanish ambassadour , but denied . . hawkins his return to mounts bay from the indies with treasure . the queen of scots at tetbury , under the charge of the earl of shrewsbury . . the french ambassadors currier searched , and the reason of it . . the prince of conde slain in battel against the king. . the th . of march had two great effects . . differences in scotland accorded . . but not observed . . sir william cecil laments the misfortune of france , means made to accord with the low countries . scottish nobility reconciled . . original letters intercepted by persons of credit in the frenchcourt , of advertisement concerning the queen of scots , and the duke of anjou . pag. . that the said queen should transfer her title on the said duke , to learn more truth hereof , and advertise with speed . the queens ships far excel others . . the queen of scots excuseth her transaction with the duke of anjou . , . a rebellion in the west-part of ireland , and the spaniards aid feared . . my lord of shrewsbury strucken with a palsie , and a phrensie . . the parisians execute two merchants whom the king had pardon'd . the english ambassador taxed for dealing with the kings rebels . . the earl of desmond's great rebellion in ireland , but dispersed . , . an italian sent hither upon a devilish attempt an insurrection in suffolk . queen elizabeth desires to be rid of the queen of scots . . the queen offended at the duke of norfolk about his marriage , sir william cecil his good friend therein , my lords of arundel , and pembroke , confined to their lodgings about it , and so is the lord lumley . my lord of huntington joined with the earl of shrewsbury in the custody of the scots queen . . the king of spains designs with the irish. pag. . the grand rebellion in the north , and the pretences thereof , and their numbers and names . , . a report of the death of the count nassau , the northern rebellion scattered , and their ring-leaders fled . . extracts of letters out of the north . the two rebellious earls in liddesdale ; but flee from thence : the countess of northumberland , and her attendants robbed in scotland : the earls flee with about . horse . westmerland changeth his coat of plate & sword and travails like a scottish borderer , many others taken . , the regent of scotland takes the earl of northumberland , and others : the lord fernhurst , and bucklugh aiders of them . p. the murther of the regent of scotland , at lithgo , by hambleton of bothwell hall ; the earl of sussex his wise and noble carriage : the hambletons strongly suspected for the murder and why . , the french embassador makes demands of the queen , in behalf of the queen of scots . p. sir william cecil names to the queen , mr. francis walsingham , and mr. henry killigrew , to succeed sir henry norris in france . p. the earl of sussex goes again into scotland : the bishop of ross writes a book in defence of the queen of scots , and dangerous against queen elizabeth . pag. . the earls of worcester , and huntington , made knights of the order . p. the earl of sussex , and the lord hunsdon enter scotland , with fire and sword : . castles , and villages burnt . p. , the lord scroop , warden of the west marshes , makes great devastation in scotland : the castle of hume surrendred to the lords of sussex , and hunsdon , and well fortified for the queens service : a great part of the scotish borderers obediently adhere to their king , and offer dependance upon the queens majesty : the contrary part act rebelliously : a great meeting of lords on both sides at edenburgh in armes , to try who shall have the authority . p. , simon musgrage general of the horse , routs the lord maxell : is in some distress by him , but is relieved by the lord scroop 's forces , and the maxwels , and several other lords , escaped by flight ; drumlangricks servants , and tenants ( although pretended favorers of the king and queen ) cruel to the english , dumfriese a receptacle of english rebels . p. , the queen of scots desires cessation of armes : the bishop of ross plots against the queen . p. sir henry norris to be revoked , and mr. walsingham to go in his place . ibid. the marshal of berwick betray'd by the bishop of st. andrews , and other lords , who under colour and treaty with him , intended to have slain him ; he destroys the hambletons castles and houses . pag. . the earl of southampton for complyance with the bishop of ross , is committed close prisoner to the sheriff of london ; the fond lord morley withdraws to lovain . p. the french king mediates for the queen of scots ; the queen keeps some castles in scotland until her subjects of england should have satisfaction . p. , sir william cecil , and sir walter mildmay are sent commissioners to the scotch queen , and they like not the message : the lord coke to king james , touching tryal of duels out of england , occasioned by putting to death of doubty beyond the seas by sir francis drake , that crime tryable only before the constable , and marshal of england . p. , h. the history of the reign of king henry the th , king edward the th , queen mary , and part of queen eliz. p. , i. exquisitely begun , but left imprfect ; two copies of letters from king james to the lords , touching abatement of his houshold charge , and the means of redresse . p. , from the king to the lord bacon , in commendation of his book , caled the organon ; to sir thomas coventry atturney general , commanding him to prepare a pardon of the whole sentence , pronounc'd against my lord bacon . p. , s. sir philip sidney to the queen , diswading her from her marriage with mounsieur , most elegantly , and judiciously penned . p. , , a most quaint speech made by the lord bacon ( then sollicitor general ) at the arraignment of the lord sanquir , as well in extenuation , as aggravation of the murder of turner . , , &c. the countess of shrewsburies case , touching the marriage of the lady arabella , and her refusal to be examined therein . , . t. sir nicholas throckmorton , ambassador in france , to q. elizabeth , touching a free passage for the q of scots , through england into scotland , several politick reasons urged on both sides , between him , the queen of scots , and the queen-mother of france . , , , &c. finis . errata . page . line . for bnt . read but. p. . l. . for twilknam . r. twitnam . p. [ ] l. . for fortunas suas . r. fortunae suae . p. . l. . for moleneux . r. molineux . p. . in fine for name . r. named . p. . l. . for what . r. with . and l. . for not . r. now . p. . l. . for to . r. to be . p . l. . for there . r. here p. . l. . or . for over . r. fromus . p. . l. . for inferrior . r. inferior . p. . l. . for holladour . r. hollander . and in the same line , for le . r. he . p. . l. . for luedia . r. suedia . p. . l. . for abeville . r. abbeville . notes, typically marginal, from the original text notes for div a -e e. . cap. . h. . cap. . notes for div a -e these that follow . are but indigested notes . notes for div a -e entertainment above ordinary . to know the cause thereof . her majestie much mislikes of the prince of conde and thadnur lords of france . the lords of the council do all they can to cover the same . her majesty being a prince her self is doubtful to give comfort to subjects . our ambassador to comfort them , nevertheless , as occasion serves . expectation of the queens marrying with the archduke charles in scotland all quiet , the scotish queen still in loughlevin and in health . murray ruleth quietly as regent . original lettere intercepted by persons of credit in the french ourt , of advertisement concerning the q of scots and duke of anjou . that the said scotish queen should transfer her title on the said duke . to learn more truth hereof , and advertise with speed . this precisely denyed by the other side . to send a trusty person to marcells . notes for div a -e . febr. . note , before this statute , criminal causes were often adjudged in parliament . a seasonable address to both houses of parliament concerning the succession, the fears of popery, and arbitrary government by a true protestant, and hearty lover of his country. halifax, george savile, marquis of, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing h estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a seasonable address to both houses of parliament concerning the succession, the fears of popery, and arbitrary government by a true protestant, and hearty lover of his country. halifax, george savile, marquis of, - . [ ], p. [s.n.], london : . attributed to george savile, marquis of halifax. cf. halkett & laing ( nd ed.) reproduction of original in huntington library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng great britain -- politics and government -- - . - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - jonathan blaney sampled and proofread - jonathan blaney text and markup reviewed and edited - pfs batch review (qc) and xml conversion seasonable address to both houses of parliament concerning the succession ; the fears of popery , and arbitrary government . by a true protestant , and a hearty lover of his country . london , printed in the year , mdclxxxi . a seasonable address to both houses of parliament , concerning the succession , &c. it was the aegyptians practice , before physick was reduc'd into art o● profession , to carry forth into the roads and highways , the diseas'd , and enquire of all passengers concerning the causes and remedies of their distempers ; out of whose prescriptions their friends selected , and applyed what they judg'd most proper . what was then done for the natural , is now as necessary for the body politick of this country , sick , almost unto death , of fears and iealousies , the plots and devices of the wicked and ambitious ; expos'd to all travellers , among whom good nature and self-preservation have at length , after two years silent compassion , prevail'd upon me to give my opinion of the causes and cures of our evils ; which i will offer without fear or favor of party or faction , of court or city ; enquiring how far our apprehensions of popery and arbitrary government , that have so long discompos'd us at home , and made us contemptible abroad ; are just and reasonable . though i confess 't is said , there never wa● smoak without some fire , yet at first sight it seems hard to believe that sober m●n shou'd ever attempt innovations , seldom or never advantageous , always hurtful , because necessarily attended with the sad effects of civil war ; a calamity that has so lately prov'd fatal to the kingdom in general , to the prin●e and to the subject . whence it may be reasonably presum'd , when our passion is over , and we have fully consider'd the rise , progress and event of the last rebellion ▪ we shall grow calm and wise , permit the king to enjoy his own preroga●ives ▪ and content our selves with our just right and priviledges . 't will be ●●me ●nough ( when these are invaded , if religion even then will allow it , ) to oppose , or stand upon our defence ; to offer at it sooner is madness and folly , rebellion and impiety ▪ for the better coming to our point , 't is necessary we take a review of the times preceeding forty one , when from the end of king iames's reign , the people were , as now , full of murmurings , repinings and distrusts against the government . at last the smother'd embers burst forth into a flame ; and after ten years violence , war and confusion , and near as many more of usurpation and tyranny , the common-wealth was so far from being better'd , by any of the many changes and expedients , that the recalling our king from his unjust exile was found , and unanimously agreed , the only way to prevent its utter ruin. our gracious sovereign , merciful beyond example , pardons his rebellious subjects , the murderers of his royal father , and the usurpers of his own crown and dignity ; loads , even among them , with offices and honor , such as seem'd penitent , and were capable . he then proceeds , first to the resettlement of the religion of the church of england , like vertue seated in the middle , and equally endanger'd by the two extremes of popery and presbytery ; and after , to that of the state in peace and quiet , which we enjoy'd to the envy of our neighbors . this happiness occasion'd a war with holland , france , and denmark , to their great lo●s , and the renown of england , ending in a league of friendship and amity , for the general good of europe . not long after the king was advis'd to grant a toleration for the ease of tender consciences , and the advancement of traffique and manufacture . this was press'd with arguments , that the want of it occasion'd venners insurrection ; the plot in . for which several suffer'd at tyburn ; that in ▪ begun in ireland , and carried on in england , for which in ● divers were executed ▪ in york-shire , as were others after in london , april , who confess'd at tyburn a design of subverting the government , seizing the tower , and firing of london the september following ; and withal , declaring there were those behind of their party , that wou'd still effect that design , which as to that part was too evident ▪ this is notorious from the historical account pu●lish●d in . and confirm'd by the gaz●t ; and therefore i cannot but wonder at the commons vote of last ianuary the th . that it is the opinion of this house , that the city of london was burnt in the year . by the papists , designing thereby to introduce arbitrary power and popery into this kingdom ▪ it wou'd be a great satisfaction to the world to publish the grounds of this opinion , because that otherwise considering they did not pursue it , nor any reason assign'd what shou'd have hindred , it will hardly gain more credit ▪ than the philosophers paradox , that snow was black . i have read of some , who never wanted opinions , cou'd they but find arguments to make them p●obable , fo● which their being at a loss made them ridiculous with the sober ●art of mankind . the king consents , and at the same time declares a war against holland , whose insolence and injustice in point of trade and honour was become insupportable ▪ soon after the parliament conven'd , and apprehending the indulgence might in time prove destructive to the establish'd religion , pray'd it might be revok'd ; the king contrary to the then minsters advice , an●wer'd their desires . hereupon they grow peevish , and thence forward vow and study all the methods of revenge and confusion , tho' with the hazard of the publick . ever since we have been continually alarm'd with libels against the government ; at last a discovery is made of a popish contrivance , sifted as far as possible by the king in council , and after earnestly recommended to the parliaments further consideration . this is pursued , but some men laying hold on this , design to d●ive it on to further purposes , and under pretence of defending the kings person and expelling popery , set up presbytery , and pull down the monarchy . but there being too strict a bond of mutual love and loyalty between the king and that parliament , means are now us'd , upon a great ministers being impeach'd , to have it dissolv'd : an act that answer'd not his expectations . a new one is call'd , and exceeding the bounds of prudence and moderation quickly sent home . a third is summon'd , and the king having to this , as to the former , over and over press'd the impartial examination of the plot , the tryal of the lords ▪ and the care of the establish'd religion , wherein by all iust and lawful ways he often declar'd he wou'd not follow , but heartily go along with them ▪ but alas ! they intended no such thing . the plot must be kept on foot , ●lse they wou'd be defeated . the king perceiving they still neglected the good of the publick , breaks them , and summons a fourth at oxford ▪ where i wish they may be inspir'd , with softness and prudence ▪ answerable to the designs of the place , and the needs of the kingdom ▪ a●ter this short account , is it possible to believe these , who insinuate the king himself is in the plot , is a papist , and intends arbitrary g●vernment ▪ oh! ridiculous , nonsensical fancy , if ●he plot be against his person and government , and contriv'd by rapists , and among them ( as ●edlow has sworn ) none in england but have receiv'd the sacrament upon 't , and he be of the number , he must joyn with others to cut his own throat , stab , shoot ▪ or poyson himself . but her 's fome mystery in this pretty invention ; charles s●uart conspires against the king ; this imitating the long parliament in his fathers time , who fought for the king , for his politick capacity , against himself , his natu●al , his person . but if he were a papist , wou'd he have pass'd into laws every bill tender'd him by both houses , as well before ▪ as since this plot , in their disfavour ? and yet we know one of the godly party was lately fin'd l ▪ for saying , the duke of york was a papist and the king little better ; a saying no longer minc'd nor whisper'd , but now loudly and plainly spoken every day . cou'd he have been wrought to a change of religion , in the time of his banishment , he had not withstood , the offers of foreign princes and the solicitations of a fond mother , to reinstate him in his own dominions with absolute arbi●rary power ▪ but he was too much a christian , and too good a king , not to prefer continuance in exile , to the designs of enslaving his subjects , either in their souls or in their bodies . must he now , in an age desirous of rest and quiet , be up●raided with such purposes , that had resolv'd against them in the heat of his youth , the great spur of ambition ? now when to compass this wicked and ridiculous project is as impossible , as before it was the contrary ; when after his restoration besides foreign assistance , offer'd at any rate , and to any purpose , he had an obsequious general , a victorious fleet and army , and a parliament , whose zeal and devotion seem'd in nothing to be bounded but by the limits of his own pleasure ; when to the immense treasure he was possest of , bestow'd among his people with equal bounty●s it was given , he might have added vastly by the confiscations of more than half the estates and wealth of the three kingdoms . but instead of this , he often press'd his parliament to expedite the act of oblivion , disbanded his army , and enlarg'd the fleet , by making one squadron of more value than all three in the time of queen eliz. disabl'd , in all his dominions , without exception , all papists , from bearing any office civil or mititary . has he not pass'd the bill , excl●ding for ever all popish lords out of the house , ●o which his father cou'd never be perswaded ? has he not like wise curtayl●d the royal power by two other acts , that of the habeas corpus , and against quartering of souldiers ? three statutes , for which he might have had as many millions , had he insisted on a bargain , or known how to distinguish between his own private interest and that of the subject , or the truckling way of bartering , when the g●od of his people was concern'd . why did he , but for the sake of the protestant religion , refuse the elder daughter of the crown to the dauphin of france , and marry her to the prince of orange ? and this without putting his par●iament to the charge of a ●ortion , or a much greater sum , which they wou'd have gladly given , had he made the proposition ▪ and no other cou'd be the motives of recalling his troops from france , raising an army for the defence of the netherlands , at the expence of above l. more than was given , and his prohibiting trade with that crown . these things put a stop to the progress of that victorious king's arms , occasion●d his quitting m●ssina , and clapping up a general peace , when he was just at the point of his propos'd conquest . if our prince intended an arbitrary government , why besides his former neglecting the opportunity , wou'd he disable himself for the future , by parting with one of the greatest instruments for that purpose , the court of wards and liveries , tenures in capite and knight-service , purvevance , &c. and what did he receive for this excess of bounty , for the chiefest and most useful flower of the crown , but a trifle , a feather , half the excise , not above a fourth of the others yearly value . and after all this , knaves invent , and fools believe he is now ●etting up for tyranny and popery , when his years are past the heat of ambition , his coffers empty , france disoblig'd , and his own people alarm'd , and bent against it with all imaginable resolutions of oppsition . can any man imagine that a person , who disarms himself , intends to fight ? besides , what one illegal arbitrary act has he done in his twenty years reign ? whom has he defrauded of an ox or an ass , of life or possession ? where has he in any one instance invaded magna charta , our rights , properties or liberties ? what bill tender'd by parliament , for the security of our lives or fortunes , has he rejected ? he pass'd all without exception . as for the bill for intrusting the parliament with the militia for a limited time , reason then , and experience since , has prov'd it was a needless encroachment on the royal prerogative , without the least prospect of publick good ; and to have parted with tha● power but for a moment , was for so long to unking and divest himself of a power he cou'd not be certain wou'd be ever restor'd . as he has freely pass'd all laws , has he not as chearfully offer'd to enact any thing that was agreable to justice and reason for our further security in religion , liberty and property ? from these considerations , nothing will appear more vain and idle than our fear● and iealousies , our factious and seditious reflections on the government ▪ i will not say without great caution , but we may run into those very things we so much dread , and wou'd avoid , popery and french government , or ( which is equally destructive of our birth-rights and happiness ) presbytery and a commonwealth . this will be no groundless surmise ▪ if we look back , and observe that the leav'n against the establish'd constitution both in church and state has sowr'd almost the whole lump , the poyson of presbytery , formerly known by the name of puritanism , hatch'd at fran●ford and geneva , grown to a head in scotland with the reformation , has infected the generality of the kingdom , the common traders and dwellers in cities and corporations , and the unthinking and illiterate part of the gentry , with hatred against monarchy and the church of england . this was certainly the invention of rome to overthrow us , by thus sowing divisio●s ▪ they well foresaw our kingdom and church in it self divided cou'd not long stand ▪ all the antimonarchical principles are the same in both , the one as well as the other deny supremacy in the king , the iesui● will have the pope , and the presbyter iesus his head. king-killing and depo●ing . d●●trine is disown'd by all honest papists , as the author even of pl●t● redi●i●●● doe● confess , tho' two or three iesuits have privately assented the opinion as problematical , for which themselves and writings were censur'd and condemn'd , as false and damnable ; but 't is justified , both by books and practice of the whole presbyterian party ; 't is so plain and fresh in our memories , i need not instance in ●he authors . st. peter's chair is not more infallible than that of an assembly of presbyters in a national cla●sis or synod . men of these antichristian principles stirr'd up the late rebellion , and being active and diligent , drew in many unwary honest men beyond the power of retreating . did not the faction here tamper in scotland , where the promoters of the covenant , that godly instrument , apply'd to the crown of france for protection , as appears by the letter found with the lord lowdin , therefore sent to the tower ? but what was the issue of th●s contrivance , but confusion and misery through the three kingdoms , the presbyterian party overpowr'd by the ind●pend●nts , and these again by the army ; a commonwealth set up , and soon after turn'd into a perfect tyranny under oliver cromwel ; after more money had been illegally squeez'd from the subjects by ordinances and loans , sequestrations and decimations , excise and other impositions , than was ever known before or since ? the people weary , call home their prince , who by an excess of mercy and clemency , sparing to root up men of these principles , gave way to their infecting others with the same humour of discontent . 't is to be observ'd , that the year . is remarkable for the geneva reformation , and the spawning of the iesuits order , and that our unlucky home-bred divisions we●e fomented , if not first set on foot , under hand , by directions from the court of france , as well as from rome , the interest of t●at state , as well as of the church , depending on our distraction ; to which end richlieu , that great minister , imploy'd many pensioners into sco●land , as did after his successor mazarine in england . and therefore there is nothing more inconsiderate than to think we are not now acting and promoting french-des●g●s ; 't is their business to divide us , and yet so to manage the ballance , that they let neither the king nor parliament have the ●etter , or ever come to a right understanding : they can no otherwise obta●n the western empi●e , and 't is directly against their interest ever to suffer england to be either a perfect monarchy , or an absolute commonwealth . those that roar most against french councils and measures , u●der-hand-bargains and agreements between both the kings , know they bely their own conscience , and that the french have us in the last degree of con●emp● ▪ th●s the ●●●●of d●●printed in his own vindication , pe●haps no● ignorant that some of their ministers did , in the year ▪ and . before the breaking for●h of the plot , de●●are ▪ that monsieur l. ●ad greater int●rest and more friends in england than the d. of y. that the k. had need be on 〈◊〉 g●ard , for he was in a great danger of running the same risque with his father ; when it was likewise enquir'd , what interest among the people two great peers had , who have since the plot been the great pillars of the protestant religion , tho' neither was ever reputed to have any , were ministers and advisers in . and . very good friends to france and popery , enemies to the triple alliance , and to holland , &c. it was also said , that l. a year bestow'd in scotland and england , among the factious and discontented , wou'd better serv● the interest of france , than any bargain they cou'd drive with the ministers . 't is too well known that the greatest of these two noblemen made a secret journey into france , some weeks before the plot , after some private transactions here with others , among whom were sir e. l. fam'd for religion , for morality , major w. and h. n. as notorious for the same perfections and their love of monarchy , and hatred of a commonwealth nor did a. s. want his share in the consultation , a stout assertor of prerogative , witness'd by his and others living out of this kingdom , ever since the kings restau●ation , untill they saw some likelyhood of a change , the one returning about the time the d. of b. and the other lords were in the tower , and the other a few months before the breaking forth of the popish conspiracy ; which no sooner came before the parliament than some of the great lords of the committee for the examination of the plot kept their consultations , and manag'd much of that affair at wallin●ford-house , major w. their secretary , where they concluded to take hold of this opportunity for the carrying on some long-hatch'd designs of their own . nor is it to be forgotten that in iune before , a letter was writ by an eminent person of the faction , and can be now produced , that v●ry shor●ly som●what wou'd be discover'd , that wou'd prevent our much l●nger walking in the dark ; and that one of the greatest lords sent to an astrologer t● know wh●th●r he was not in a short while to be in the head of men . the method● agreed upon in france , and pursu'd here , were to make a court and country-party , to sow and disperse iealousies between both , and widen the gap with all possible devices ; which resolutions some here were the ●ooner induc'd to embrace , upon this consideration , that they shou'd not l●ve to see the issue , and were unconcern'd for what shou'd come after . but yet i am too charitable to think , if we have any french agents at home , they are impos'd upon by their own unwariness , and the others cunning , to act rather against , than with , their knowledge , a part so much contrary to the interest of england , and the duty of a christian. but however it be , i am morally assur'd we are doing their work ; and if we are not knaves and pensioners , we are blockheads or fools , that are blind and besotted like men prepar'd for destruction . quos jupiter perdere vult , hos dementat . if any one talks thus , he is presently call'd a papist and a tory ; every true son of the church of en●land , and loyal subject , is branded with nick names and run down by noise and faction ; and he that opposes popery , if he defends not presbytery , is but a protestant in masquerade ; if he commends mon●rchy and our legal constitutions , to the discredit of a commonw●alth , he is a rascal , a villain , and a dangerous person , not considering that we are made tools and instruments for french purposes , betray'd by their cunning and address , to forward and act with our own hands , our slavery and ruine . shall we be still blind and deaf to reason and demonstration ? can we not reflect upon the french double-dealing in o●r late civil distractions , and remember what the lord keeper puckering tells the parliament in q. elizabeth's days , that the puritans , even at the time of the spanish preparations for invasion , were urging and pressing intestine c●mmotions ▪ where he largely sets forth their being as dangerous to the crown and mitre as the others , and therefore that both were to be equally suppress'd , papists and puritans . i cannot find that either have since alter'd their principles , and consequently cannot but wonder why the papists shou'd be persecuted , and the other countenanc'd , even against law and former statutes . 't is surely very imprudent to expect your house will be warm by shutting a window , and se●ting open the doors . and therefore because in this i can freely agree with plato redivivus , that the fear of popery is not the cause of our present disturbances ; i shall without regard to religion , consider the papists and presbyterians as two factions in the state , like the arm●nians and lov●stein party in holland ; and as such pronounce that both are to be suppress'd , or neither , because by emptying only one of the s●ales , the ballance is broken , and the court or monarchical party is first weaken'd and destroy'd , and after the whole form of government alter'd into that of a commonwealth ; and i am fully convinc'd , if that had not been that authors designs , as to an ordinary reader is past doubt , he wou'd have set down this as one of the remedies of our present evils . but the contrary was his purpose , and in order to it he c●nningly , to preserve the monarchy , wou'd set up a plain democracy , and for an english king , ob●●ude upon us a do●g of venice ; for he tells you at large that the antient power of the king is fallen into the hands of the commons , and therefore to keep up the former illustrious splendor of the crown , he wou'd have all its jewels taken out , and set about the speakers cha●r , the king made a cypher , and divested of all power but the name , to keep up the three several and distinct shares in the government , king , lords and commons . 't is an ingenious way of arguing , but we are not yet , i hope , such fools to have it p●ss , to venture at play , and not know how to distinguish false di●e . oh! but says a factious p●titioner , that takes the house of commons ( sufficiently prov'd by the learned answer to petyt's book , to have had no share in the legislative power ) to be the parliament ; all their votes , how wild and unreasonable ●oever , as we have lately as well as formerly seen in print , to be the sence of the nation , and have the force of laws , and yet deny any authority to the kings proclamation : this scribler ( says he ) is popishly affected , a french designer , a meer tory ; not considering that there is not less hazard in splitting upon a rock , than upon a sand-bank ; that if i must be a slave , and forfeit my liberty , 't were at least as good to do so under a single person , as more ; the tyranny of many is much more intolerable than that of one . 't is equally destructive of my liberty , whether the king or the house of commons , takes away magna charta ; i am still against arbitrary government , ruling according to pleasure , not the laws and known constitutions of the land , whether assum'd by king or commons , if there be any choice , the odds are against the latter . and to speak truth , by what has pass'd since the plot , any one in his wits , wou'd believe , the king is invaded , not an invader ; that his frequent prorogations and dissolutions have been his legal defensive weapons , us'd as much for his subjects security , as his own honour ; that arbitrary power is a delicious thing , and therefore aim'd at by our demagogues and tribunes of the people ; bad and to be decry'd , only while in the soveraign . 't is very convenient to cry whore first . solomon tells us , he that appeareth first in his own cause , seemeth just ; but his neighbour cometh after and proveth him . if the people in an island are alarm'd that an invasion is design'd , and that only at one port , and they become so foolish as for the guard of that , to neglect and expose all other , they do but make the easier way for their enemies to land and overcome . those , who are the watchmen , the sentinels of our safety , ought with ianus to have two faces , one behind and the other before , and many eyes like argus , there being otherwise no security against surprize . i remember in thucydides , that the gretians besieging a strong city , found no means but stratagem to become masters , which they thus contriv'd : after they had puchas'd within some pensioners , they kept the besieged awake , and put them into a great distress by continual false alarms , and , as design'd , prepar'd to believe nothing more was intended than amusement and distraction . the false citizens within taking this advantage , affirm'd they ought for the future to make it death to any watchman to give the alarm . this decreed , notice was given to the enemy , and without the least resistance the besieg'd were taken and undone , when and where they least suspected ; whereupon this proverb was taken up . amyclas perdidit silentium . i wish we may never run the same fate ; the application is too easie and natural to be dwelt upon . and yet i cannot but take notice how the late house of commons have assum'd to themselves a power extraordinary , and by a vote without proof or conviction , made eminent men and known protestants , guilty of popery and french designs , made them advisers and counsellors according to their own 〈◊〉 , imprison'd several during pleasure , seiz'd closets and writings without information , and contrary to magna charta , voted acts of parliament , made for the preservation of the establish'd religion , us●less , and their execution grievous to the subject against the protestant interest , and an encouragement to popery , &c. and among these , which is most wonderful , a law made by the darling queen eliz. who cannot well be suppos'd to have been a friend to popery . if these be not odd and arbitrary proceedings , i know not what are ▪ nor why that shou'd be tolerable or lawful for them , which is not for any , no not for our sovereign . considering men are afraid the abettors of such practices are not friends to peace and quiet , but rather factious and dangerous , willing to enslave us to foreign invasions or domestick encroachments , whatever may be said to the contrary , these actings are but too good grounds for such apprehensions . the cunningest whores seem most devout , and inveigh very bitterly against the lewdness they daily study & commit . your rooking gamesters abhor , if you will believe their shams and oaths , the use of false dice , and the un-gentleman-like-trick of cheating . however , none but cullies , who want wit or years to make observation , can be wheedl'd and drawn in by such pretences . before the discovery of the plot our ministers were reflected on , as designing popery and arbitrary government , by many scandalous pamphlets , and one in particular call'd , an account of the ●rowth of ●opery , &c. as if the people were to be prepar'd to believe the whole court were popish ; that while they were alarm'd against that party , they might be unprovided to defend themselves against the-other . the presbyterian true blue , who like aesop's ca● , though transform'd into the beautiful shapes of court-imployments and honors , will still be hankering after the old s●ort of mousing ; they will ever be lovers of a common-wealth , and enemies to monarchy . this is plain from former , as well as later , proceedings , since the discovery of the popish plo● , when ●hey began to shew themselves in their proper colors , when they cry'● n●t only the court , but the church was popish , and all that are for the ●stablish'd government . you cannot now be loyal , unless you are factio●s , nor a protestant , if no presbyterian . but pray observe , none tell you this , but the spawn of those seduc'd , or concern'd in the late rebellion ; men turn'd ou● , or that wou'd get into court-imployments , that account themselves slighted or disoblig'd ; men of great ambition , or of desperate fortunes , who make all this noise and clutter , to be taken off . to what purpose else , did the late house of commons make the vote against the bargain or hopes of court-preferment , but that such a design was a driving between some leading members and courtiers ? can they after such a discovery pretend zeal for religion , and the good of their country ? for shame , let not faction and private interest make men forgetful of the publick , of the peace and quiet of the nation : let them secure our constitutions against the encroachments or invasions of any , whether presbyter or papist ; and remember that the most forward in the long parliament were soon turn'd out by others ; and because what is sawce for a goose is sawce for a gander , this of course will be the fate of those , who now glory in being ringlead●rs of faction to thwart and oppose their sovereign ; nay , it may possibly be worse , the gentlemen , the knights of the shires , may be kick'd out by mechanicks , by citizens and burgesses ; for he that practiseth disobedience to his superiors , teacheth it to his inferiours . sir w. i. sir f. w. collonel t. &c. all know were disoblig'd , and if taken into favour , the employments and honours they covet , wou'd stand up for the court , as much as now they do against it . whether the petitioning lords be not of the same temper , will best appear from the story of every single person . one of them has the humour convey'd with 's bloud . his father was a gentleman that appear'd zealous in the long parliament for the good of his country , the first that brought in the complaint of ship-money . but soon after when he was made a lord and a courtier , he chang'd notes and sung another song , no man more for the monarchy , in its defence he lost his l●fe , and at his death publickly repented his actings against the earl of stafford , his son was made an earl upon the kings retu●n , sent emba●sador abroad , and lord lieutenant into ireland ; to get his command he despis'd not the courtship and assistance of coll. t. though a r. c. and a creature of his r. h. to whom he made no slender professions ; not being satisfied with gaining vastly in that station five years , he grows peevish in hopes of being sent the second time , nay rather than fail he is content to be commissioner of the treasury , in hopes that by the courtship and interest of some women , no matter what religion they are of , he may come to be lord treasurer : but not like to gain the white staffe , and perhaps not caring to govern an empty exchequer , he bent his thoughts again towards ireland ; slighting the treasury he is outed , and grows more discontented ; and at last turn'd out of council , the next day he repeats a speech of e. of s. his making , and unask'd presents a piece of councel and advice to his sovereign , pretending as a peer it was his duty . i am sorry his zeal made him forget , that peers have no right of advising the king , but when he makes them of his council , or by writ summons 'em to parliament . and what 's very odd , he advises just the contrary to what he and the other noble e. had done t●e year before , when courtiers . this noblemans life wou'd make a comical history ; he knows how to put on all shapes , and in the late times , was not ignorant how to make an apple-tree supply the place of a pulpit , he knew how to serve himself in all turns and changes , and has not fail'd since . to have been often out and in with the several higher ●owers . ●o give him his due , he is a man of extraordinary parts ; but if one of these lords said true , when he was a courtier , and the other newly remov'd , they are al● fitted and turn'd for confounding and amusing , but not for extricating out of difficulties . he wants not wit to hold forth in the house ▪ or in the open air , upon occasion ; nor is he meanly skill'd in the methods of court-pleasures , as well as business . he must have an ill memory that forgets who advis'd the breaking the triple-league , and making an alliance with france , and a war with holland , pronouncing in the language of the beast , delenda est carthago , that a dutch common-wealth was too near a neighbor to an english monarch ; the shutting up the exchequer , the granting injunctions in the case of the bankers , and lastly the sourse of all our present misfortunes , the general indulgence . these things being found of ill consequence , and the ministers remov'd as designers of popery , presbytery , atheism , or irreligion , arbitrary or french government ; must any of such principles assoon as turn'd out of court , be receiv'd into the country , as if these two had different interests ? whoever say there is more than one common wealth in both , are deluders , and incendiaries , and betrayers of the nation . those that strive to divide the king and his people , are to be look'd upon as pensioners of france , and to be most severely punish'd . there are that can tell tales , what great man since the plot , offer'd a reconciliation with the d. and for a restoration to his former power and greatness , wou'd be his servant to all intents & purposes . but the d. cou'd not be perswaded , one that had as often chang'd parties , as proteus his shapes and the chamel●on his colors , cou'd be true to any interest , b●t his own ; and therefore rejected his many messages on this subject . another peer , whose son in the lower house , is the great tribune of the people , wou'd have had a dukedom added to the garter , to make both sing to another tune . a forth wou'd fain be a privy councellor in reversion . a fifth not long since at any rate of purchase , wou'd have been master of the horse to the duke : strange ● that a protestant lord shou'd think of serving a suppos'd popish prince , and after hope , though thus mounted on horseback , to get to heaven . 't wou'd be tedious to give particular accounts of all ; only by the way observe that a young lord newly come to age , own'd himself to his majesty disoblig'd , because after a voyage to tangier , his great valor there shown , and spending his youth in his prince's service , ( these were his own words to the king ) another was preferr'd to the command of the lord plymouth's regiment . i cannot but commend this noblemans ingenuity in owning the true cause , and not pretending , as others , conscience and publick good for his motives . but i am sorry he should forget , not only the obligations of gratitude , which he is under for his bread and for his honor , but also who says , appear not wise before the king , and give not counsel unask'd . he has learning enough to understand the meaning of in consilium non vocatus ne accesseris . 't is to be hop'd he may repent , and 〈…〉 wit may be turn'd into wisdom . as for the d. of m , i believe him perfectly drawn in by designing politicians for ends of their own , who never intended him more than as an useful tool , afterwards to be la●d aside . 't is no wonder that one of his youth and spirit shou'd be tempted with the baits and allurements of a crown , the splendor and gaity of power has blinded many elder men's understandings . but that they never had him in their thoughts for k. appears from the author of plato redivivus ; and indeed if they had they went the wrong way to work . they shou'd not have engag'd him so far , as to deserve his being turn'd out of his command as general ; a post , that wou'd have best enabl'd him to seize upon and make good any pretence to the crown , after the death of his majesty . i am apt to believe his grace is sorry for what is past ; i am certain it were his interest to throw himself at the kings feet , and quit the counsels of those men , who int●ieg●●ng for themselves , puff him up with false hopes , and yet sufficiently discover that nothing is farther from their hearts than his exaltation , or what is so much in their mouths , publick service to the king and country . 't is much better for him to be content with the second place in the kingdom , than by pretending to the first ▪ against all manner of reason , and the obligations o● gratitude , forfeit all , his fame and honor , life and fortune ▪ the petition being already answer'd , i will only observe , that his majesty , intending to turn them out , sent mr. secretary to the e. of e. for a list of the papists he mention'd in the guards ; but the noble peer had none to give , but may be suppos'd to have taken the story upon hear say ▪ from some that had the malice to invent it . and now must the nation suffer themselves to be rid by any faction , because designing particular advantages , they guild all with the specious pretences of religion and loyalty , particular respect for the church of england , by opening her doors to all di●senters , and for the monarchy , by clipping the kings power to prevent the papists contrivances against his person : examine whether the zealous sticklers for the protestant religion , have any at all ; or if they have , whether it be not as far from that establish'd by law , as popery ? whether if the king wou'd grant their desires , receive them into offices and power , they wou'd not stand up in justification of the court as fiercely as now they do the contrary ? what has been before , may well be expected again . he that considers this , and that malice never spoke well of any , will give the factious little credit ; especially , when against reason and sense they wou'd impose upon us , that the king himself is in the plot ▪ or as one the members in a printed speech tells the house , the plot is not so much in the tower ▪ as in white-hall ; there 't is to be search'd for , and th●●e to be found ▪ and all 〈…〉 no● unking himself , and put his crown into their hands , and against law , his coronation-oath , and brotherly affection , pass the bill of exclusion , to the prejudice of himself and the whole kingdom . this is not a single or private man's opinion , but the judgement of the supreme tribunal of england , the house of lords ; where upon the first reading it was thrown out , with the odds of ag●inst ; for which reason their lordships are call'd masquerading protestants , tories , papists , or their adherents ; as if the lords must not be allow ▪ d the priviledge the commons take with any of their bills , without censure and affront . but why for their act must his majesty be loyally libell'd and dispers'd ? it had been time enough , one wou'd have thought , to have call'd him papist , &c. had he rejected the bill after it had pass'd both houses . oh! then who cou'd have doubted , but his doing more against the papists than any of his predecessors , had been promoting their interest , that his pardoning no man condemn'd , nor stopping the execution of any law against recusants , was making it no plo● , and that passing the test was letting in popery by whole-sale . he that can believe these things , is prepar'd for any thing , to say a lobster is a whale , or a whale a lobster ; that the moon is a green-cheese , and the sun a round plate of red hot iron ; and then , i presume , it may not be decided whether we are fools or madmen . let us not idly and unjustly bely our consciences , and publish to the nation and all the world , that nothing can secure us against popery , but the shaking and alteration of the monarchy , by the bill of exclusion ; an act in it self unjust and impolitick , both for the king and people . no man is to be punish'd expost-facto , by the laws of this and all other countries . besides , why shou'd the duke , more than any fanatick of england , be outed his birth-right ? the scripture says , you must not do ●vil , that good may come of it ; and prudence will tell us , that this an evil , that must be attended with greater , for the minute that it passes , the duke is at liberty to recover his right by secret or open vi●lence , foreign or domestick ; he is declar'd an enemy and a traytor ; condemn'd without trial or conviction . this piece of injustice must be defended by an assotiation or an army ; this army must be entrusted in the hands of the king or a general , either may make himself absolute and arbitrary ; and therefore if people are now afraid of slavery from the government , what may then be their apprehensions ? and if they are jealous of the king , what general will they find to entrust ? those meanly skill'd in story , know that commanders of armies have at pleasure subverted commonwealths and kingdoms : agathocles from being general became tyrant of syracusa ; pisistratus of athens , sforza of millain , the medici of florence , the caesars of rome , and not to go so far off , cromwel of the three kingdoms . most of the roman emperors were dethrown'd by their generals ; and therefore this cannot but make the king as unwilling as the people , to entrust this great power in any person . and yet without such a trust the act of exclusion is not woth a straw ; nor with it can we be secur'd against slavery , whether the duke conquer or be overcome . the duke will still find a party , at least if he out-lives the king , in the three kingdoms to fight his quarrel ; and if he comes in by force , he may well use us like a conquer'd nation , break our old , and give us what laws and religion he pleases ; whereas if we attempt no such thing , we shall not run the hazard of a civil war , the king being as likely to out-live , as to be out-liv'd by , his brother . if he shou'd chance to succeed peaceably , he cannot be presum'd to offer any alteration in religion so much against his interest , and who never forwarded any in his own family , suffers his child●en to continue in the church of england , knowing that christianity forbids compulsion for its propagation . to say he wou'd be priest-ridden , is ridiculous ; why he more than the french king , who openly opposes the popes usurpation , and assumes to himself the cognizance even of church-affairs ? this is but a pretence to impose upon the ignorant and the credulous ; if there be not laws enough already , new ones may be made to prevent any such intention . when all offices and power are in the hands of anti-papists , i cannot see where can be our danger . but this , if granted , wou'd not be all , the monarchy is hereby made elective , and the possessor may as well be remov'd , as the successor debarr'd . in order to this , is there not a history of the succession publih'd , shewing that the monarchy is rather elective than hereditary ? of which here i will only say , that the writer is a notorious plagiary , and steals all out of a seditious book writ on the same subject by parsons the jesuit , under the name of doleman , in queen elizabeths time , with design of distracting the people , and making way for a spanish conquest and inquisition ; the presbyterian transcriber proves himself of the same jesuitical principles , and with equal honestly pursues the same ends , usurpation and slavery . 't is not to be doubted , but that there has been frequent interruptions of the succession of the crown ; but no title , but that of the sword , was ever put in ballance with proximity os bloud , and he that will oppose fact to right is very unjust , and argues not upon the principles of morality , nor the laws of nations . much such another good christian , is the writer of the appeal to the city , who tells us , if we set up a king with none or a crack'd title , we shall have the better laws ; and instances that richard the d. an usurper , a murderer , and a tyrant , made excellent statues . but he might , had he been just , have found the laws of that king out done by those of our present soveraign , whose title none can question . and yet it is not unreasonable to suspect a design on foot of subverting the monarchy , if it be consider'd that passing the bill against the duke , will not alone satisfie his adversaries , who further expect that all those now firm to the king be remov'd , and their trust put into confiding hands ; and thus when they had him in their ow● power , it wou'd be no hard matter to act th●ir plea●ure . the speech disown'd by the protestant lord , and burnt by t●e h●ngman ( a fate the author does certainly deserve ) tells us in plain english , we mu●t hav● a ch●nge , and a king we may trust , and well affected couns●llors , with much more treasonable and seditious stuff . these things , and th● frequent mentioning the fates of edw. . rich . and hen. . cannot but alarm his majesty , and restrain him from ever complying with such persons against his only brother . he has so often affirm'd the bill shou'd never pass , that he cannot now without diminution of his own honor , as well as safety , alter h●s well-grounded resolution , taken upon the sense of conscience and duty , the pre●ent and future good of himself and people . an act that wou'd be the highest violation of magna charta , that ordains none shou'd be put by his birth-right and inher●tance , but by the law of the land , and legal process . and therefore i hope , what cannot be suppos'd , will be granted , will no longer be insisted on , lest the consequences prove fatal . one thing i cannot but admire , that the duke shou'd be absolutely excluded on supposition of being a papist , for otherwise he is allow'd by all a prince of incomparable vertues and endowments , leaving no room for enjoying his righ● , ●n case he become protestant . do they suppose an alteration of opinion impossible ? that 's false and foolish . there are instances of men that have changed often , and to mention no more , the dukes grandfather hen . twice alter'd his opinion . besides , it is u●just , and contrary to their own pract●ce , for l. br. was an imprison'd plotter , but assoon as he became a convert , without further process or tryal he was innocent and acquitted . we do in this exceed the papists in france , and condemn our protestant ancestors , and all others abroad , who accus'd them as antichristian and rebellious , for opposing their lawful king h●n . . on the score of religion ; for the parisians lov'd his person , and stood upon no other condition than his turning papist , to receive him for their sovereign ; as all the other r. c's . of that kingdom had done before . and therefore i very much suspect we are grown weary of monarchy , and w●th than inconstancy natural to islanders , affect a change though for the wo●se . to this i am induc'd by many reasons , and nor a little from a pro●estant lords speech , the last sessions , that the people of athens were so fond of good king codrus , that they r●solv'd to have none after him . but to attempt this piece of folly and wickedness , will inevitably embroyl us in a civil war. and of that the event is so uncertain , that we ought to dread the loss of all , by striving to enlarge our present liberties . this madness ordinary prudence will carefully avoid , because in all probability the king must get the better ; his condition is not like his father : he has standing troops , which the other wanted , to guard his person ; he has the militia in his own hands , he has no scotch nor irish rebellion , to divide or distract his forces ; and above all , he has the parliamen● in his own power , to let them sit or not sit , at his pleasure and their good behaviour . and 't is happy he has this power , to secure himself from popular fury , at this time especially , when whatever the papists have done , we daily see others run into clubs and cabals , distinguishing them●elves by green ribbans , by general committees and subcommittees , where all transactions of parliament are first design'd and hammer'd , collections made , a common purse manag'd , and agents employ'd in every county , to prepare and influence the people , write and disperse false news , libels against the government , addresses made and sent into every shire and borough , and if the members do not go down to their elections , they can print for them such speeches as serve their purpose . witness one my lord vaughan spoke at his election , though his lordship was not out of london , i have not heard before , that sir samu●l morl●nds speaking trumpet cou'd convey a voice a hundred miles distance . but this is nothing with our true protestant intelligencer b. h. who printed an address from the city of colchester , that never was seen nor presented by any of the inhabitants , as by an instrument under the town-clarks hand does plainly appear . but though swearing be , lying is not , against the interest or practice of the godly ; the presbyterian , true off-spring of the ignatian fathers , who out do them in the doctrin of pi● fraudes , as well as in all other their immoral and antimonarkick principles . and now considering that none that have any thing to loose , can ever get by a rebellion , and that there is no just pretence for one , our liberties and properies not being broken or invaded , the rich , unless they are mad , will never begin ; and yet with , or without their assistance a rising of iack cade or wat tyler instigated by greater persons , will but inlarge the regal power , and enrich the crown : and for these and many more reasons i look upon the threats or fears of rebellion , as idle and vain , as our jealousies and apprehensions of popery , never possible in england but by a civil war , since their numbers here are but as one to . and by an exact calculation in the three kingdoms , the whole number of papists is but as one to . non - papists , and their wealth and possessions is not one to . if their power had been so terrible , they wanted not since the plot provoca●ions to make us feel , as well as hear on 't . but these noises are like armies in disguise at knights-bridge , and regiments of horse hid in cellars under ground , and blowing up the thames to drown london ; artifices formerly us'd to draw in the easie and the credulous . but 't is to be presum'd , the same trick will not pass twice upon us in one and the same age , while the bleeding wounds of the last are still so fresh in our memories . to remedy and compose our present madness and distractions , and prevent future evils , must without doubt be the hearty endeavor of all honest men , who expect this will be a healing parliament , that will make up all our breaches , and unite our divisions , by the methods of prudence and discretion ; weighing the true causes , and applying fit remedies , without regard to faction or interest , heat or passion ▪ ref●ecting how unreasonable it is , to suspect in the king or his ministers any design of introducing popery and arbitrary government ; a malicious and idle invention , set on foot with purpose , to enflame the kingdom , by men who were outed , or desirous of court-imployments , disoblig'd persons , or french pensioners ▪ that the bill of exclusion is not like to pass , either the lords house or the king , because in it self un●ust , impolitick and dangerous , not only to the prince , but to the subject : that all other legal ways for preventing popery and presbytery , are to be taken by those , who design the preservation of the establish'd monarchy and religion : that this is already , or may with case be secur'd against the attempts or power of any popish successor : that our fears in this point are groundless , and at best founded upon accidents , that may never happen : that 't is the highest imprudence to run into real , present , to avoid possible , future evils ▪ that innovations of this sort wou'd be against the princes interest , who having not a th . part of the revenue ▪ necessary for the support of the crown ▪ must be under a necessity of complying with 〈…〉 parliament ▪ and that his temper ▪ practice and declarations , secure us against impositio● of this nature : that it be consider'd , whether the unquiet apprehensions from the plot , may not be laid by a speedy and impartial tryal and execution of all the accus'd and convicted , and the kings after granting a general pardon ▪ with such exceptions as have been usual . the doing this will beget a right understanding between the king and his people ▪ defeat the contrivances of our adversaries , restore us to peace and quiet at home , and rescue 〈◊〉 ●●om contempt and danger abroad , and make the na●● of parliament as famous and renown'd , as some libellers endeavour to make it base and odious . how this to be compass'd , you your selves are deservedly made the judges , and therefore i will not like the foolish orator ▪ 〈◊〉 hannibal the art of war. — fiat iustitia ▪ ●uat c●l●● ▪ finis . the house of commons, upon late information received from their armies in ireland, have tenderly considered the great extremities they are in ... england and wales. parliament. house of commons. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing e ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the house of commons, upon late information received from their armies in ireland, have tenderly considered the great extremities they are in ... england and wales. parliament. house of commons. sheet ([ ] p.). printed for edward husbands., london, : [ ] " . august. . ordered that this order be forthwith printed and published, and carefully dispersed: hen. elsynge, cler. parl. d. com." reproduction of original in the henry e. huntington library. eng great britain -- history -- civil war, - . great britain -- politics and government -- - . broadsides -- england -- th century. a r (wing e ). civilwar no the house of commons, upon late information received from their armies in ireland, have tenderly considered the great extremities they are i england and wales. parliament. house of commons a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - john pas sampled and proofread - john pas text and markup reviewed and edited - pfs batch review (qc) and xml conversion the house of commons , upon late information received from their armies in ireland , have tenderly considered the great extremities they are in , with their constant resolutions to proceed in that work , notwithstanding all difficulties ; and thereupon , having now laid a certain foundation of credit for the incouragement of their forces there , do order , that it be published to morrow the . of august , . in the severall churches in and about london , that the adventurers do meet on friday at two of the clock in the afternoon at grocers-hall , where a committee of the house of commons is ordered to meet them , for the present raising of some provision on this foundation of credit , for the relief of those who stand so resolutely for maintenance of the common cause ; and all the ministers in london , and within the lines of communication , are then to recommend the success of this affair unto god in their prayers with thanksgiving , for gods great blessing on their late endeavours ; and to stir up the severall adventurers , not to fail of this meeting , as they tender the good of ireland . . august . . ordered that this order be forthwith printed and published , and carefully dispersed : hen. elsynge , cler. parl. d. com. london , printed for edward husbands . the religious & loyal protestation of john gauden, dr. in divinity, against the present declared purposes and proceedings of the army and others about the trying and destroying our soveraign lord the king sent to a collonell to bee presented to the lord fairfax and his generall councell of officers, the fift of january [o.s.] gauden, john, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing g ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing g estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the religious & loyal protestation of john gauden, dr. in divinity, against the present declared purposes and proceedings of the army and others about the trying and destroying our soveraign lord the king sent to a collonell to bee presented to the lord fairfax and his generall councell of officers, the fift of january [o.s.] gauden, john, - . [ ], [i.e. ] p. printed for richard royston ..., london : [i.e. ] "imprimatur ja. cranford" reproduction of original in harvard university libraries. eng great britain -- history -- civil war, - . great britain -- politics and government -- - . a r (wing g ). civilwar no the religious & loyal protestation, of john gauden dr. in divinity; against the present declared purposes and proceedings of the army and ot gauden, john d the rate of defects per , words puts this text in the d category of texts with between and defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - jonathan blaney sampled and proofread - jonathan blaney text and markup reviewed and edited - pfs batch review (qc) and xml conversion the religious & loyal protestation , of john gauden dr. in divinity ; against the present declared purposes and proceedings of the army and others ; about the trying and destroying our soveraign lord the king . sent to a collonell , to bee presented to the lord fairfax , and his generall councell of officers , the fift of january . imprimatur ja : cranford . london . printed for richard royston , dwelling in ivie lane , anno domini . to the reader . not any va●ty or ostent●tio● of ●old and u●e●o●able freedomes , ( which are not worth the haz●●● or d●●spl●a●ures they may ●●tract ) but onely duty and integ●i●y ●omm●●nd●●ng me resolutely to looke at gods glory and the di●charge of my owne conscience both to god and man , 〈…〉 these ensuing papers 〈…〉 , which i lately , with all ●um●lity and cha●ity , presented by the hand of a colonell ( my worthy friend to his 〈◊〉 , and the rest of the councell of warre : indeed , i am perswa●●d that go● requires , and looks 〈◊〉 in the generall over-awings of mens spirits , who behold the army mo●e with terrour , than with love and charity , which i doe not ) some men 〈◊〉 to assert both his righteousnesse and their owne uprightnesse amidst , and against the crooked and perverse motions of others , in this untoward generation , which is ready to father upon god and the christian reformed religion , one of the most adulierous , deformed , and prodigious issues , that ever the corrupt hearts of the men of this world conceived , their unbridled power brought forth , or the sun beheld . wherefore , as not by my assent , so neither by my silence must i have any hand in the midwifery of so monstrous productions , which seeme to threaten the ruine of the king , and the subverting the fundamentall constitutions of parliament , lawes , and liberties . next , to the betraying and killing of christ , was their sin , who either denied , or deserted him . the impetuous torrent of present power ▪ having broken all banks of ancient legall formes , affaires seeme now let out to such generall and popular diffusions , that they admit no other restraints , but those which the common peoples assents , or dissents , m●y give to them . it is hard if among such a multitude of men , all our oaths , protestations ▪ and covenants , sacred and civill ties will not obtaine so much of loyall and religious subjects , as by a word or two both decently and seasonably to enterpose , when ( as the lord liveth ) there seems to be but a step between the life of our soveraign lord the king , and some violent death . me thinks i heare his majesty in his agony , solitude , and expectation of an enforced death , calling to me , and all other his subjects , you that never believed my life was sought after in the bottome of this warre but my safety and honour , you that never fought for me , yet professed to abhorre the fighting destinately against me , or destroying of me ; cannot you , dare not you now speak one word to save my life , and your own soules ? shall your silence seem to encourage and make up their saffrages , who therefore pretend they may , and will destroy me , because it pleaseth you , and the generality of my people ? for my owne part , as i hope to have communion with god in christ , i dare not have any fellowship with so foule a sinne , as the killing of the king , but rather i ought to reprove it , and fairly contest against it : whatever his sin may be , yet i thinke him not criminall or obnoxious to any tribunall but that of god , whose deputation , authority , or commission they can in no sort ( that i see ) produce to any satisfaction of religious minds , who at present undertake to be his tryers , judges , condemners , and destroyers , onely because the king is in their power . whereas gods commission warranting such an act ought to have not onely the stamp and image of prevalent power on one side , ( which the most flagitious actions oft have ) but also the superscription of his word , and the expresse signatures of his will , in the municipall lawes on the other side , by all which , power is derived , limited and warranted to act with moderation and righteousnesse . i beseech god to restrain power , to soften hearts , and to frustrate those purposes , which to me seem to have so much of sinne , hell , and horrour ; that if i hated the actors the most of any men , ( which god knowes , i doe not but love and pity them , and pray for them ) i could not shew my hatred more against them , than by wishing them ingaged , and suffering them to go on , and thus to fill up the measure of their sinnes , by destroying him , for whom i have alwaies been taught , and now most of all to think it my duty to cry aloud , god save the king . so clearly poynting that ambiguous verse , which most men are afraid to doe : regem occidere noli . timere bonum est . to his excellency the ld. fairfax , and his generall councell of warre . right-honorable , and honored gentlemen , your power and actions render you terrible , but that candor and affability which you say you beare to all , makes you accessible , and invites addresses to you , even from those who differ from you . i am one of the least considerable of many , as to any contesting with you , or obstructing your proceedings ; yet since some of you yesterday invited me , or any man , to a free declaring of our judgements , in order to the great affaires you are now upon , wherein although your selves , as principall , are most concerned , yet my selfe and others are like to be involved in the successe of your actions , both as to my temporall and eternall well-fare if i either approve or dissent . my humble request to you is , that without contracting your displeasure , i may use that liberty which god and reason hath allowed me , and your selves have not yet forbiden to me or others in this way . happily i might with more safety in silence tremble before , and humbly adore the justice and power of the great god , which he hath ●y your meanes , and yet may carry on further against the sins of this nation , yet i consider not you only , but my selfe am highly responsible both to god and man , for what you doe and i seem to consent unto in matters so enormous , of so vast and publique influence , both to the present age and posteritie . you are not ignorant that successe is a great bribe and snare to the judgement , where the heart is not very watchfull over it selfe , and much in prayer to god for his wisedom and grace , which is most set forth in the using successes humbly , and honestly , to the advantages of piety and charity . prosperous power is loth to stop it selfe with moderate bounds , or to suspect it selfe , either to want or goe beyond the line and limits of justice ; it is compassed about with many applauders and flatterers , who easilie mistake the fact it selfe , or the confidence of the agents , for the rule of righteousnesse , and interpret gods permission of what may bee very wicked and un-just , as his approbation and witnessing to their justice . the rule and standard of which ( that is humane justice ) i thinke to be fixed and immovable , either as to those generall expresses which are in gods written word , or those setled lawes of humane societies , by which his providence ( for the good of men ) hath in wayes of publique and nationall consent , cleerely brought forth that light of common and politick reason , which but dimly shines in mans heart , singly and apart , the divine goodnesse confining by such publique and setled regulations those exorbitant varieties to which mens private reason , will and power , are prone to breake forth in the fulfilling of their particular lusts to the injury of their neighbours , and the detriment of the publique good : i confesse i am not able to resolve my selfe , by any thing yet set forth , as to any grounds of god's or man's lawes , or your own sometime declared principles , so as in the least kind to justify what you formerly or lately have done , without and against the minde of the two houses of parliament , yet i see much of gods light in their and your darknesse , of his order and glory in these common confusions . but there are many persons of abilities far beyond mine , who in the point of their priviledges are more personally concerned to vindicate and assert them , against the impressions by force upon them , who were undoubtedly the fathers and fountaine of your power , as soldiers , and their commission , the limitter as well as licencer of your military actions . what is past upon the houses , can only have such a remedy and reparation as providence shall see meete to grant . that which strikes my soule with the greatest horror and astonishment is , how to reconcile your declared purposes against the king , either with the faire opinion i desire to retaine of your persons , or with that common tendernesse and duty which both you , and my selfe ought to beare toward his majesty . the justice you pretend to doe against him , seemes to mee most questionable both for the matter or merit , as also for the manner and forme of the doing it : since no power , that i know , hath ; or can under heaven , invest you with any authority to doe what you seeme to intend . the lawes of this kingdom ( i presume your selves confesse and others have evidently evinced ) are fully against you , giving no subjects , in any case , judiciall power over the life of their king , or his soveraigntie . the word of god ( so farre as he hath given me to understand it , neither affords any precept , nor commends any example , in this kinde , to your imitation , but in both is absolutely against you : you cannot be ignorant of davids both conscientious and generous respect to sauls safety and life , whom he leaves to gods justice , by no usurpation of power , successe , or oportunities of revenge , suffers himselfe to bee tempted to prevent the hand of god . never any man in the church of god , of any name for piety and holynesse , are recorded to have done any such act of violence against their lawfull kings , such as ours is confessed to be ; never did christ or his apostles , by practice or precept , give the least intimation of the will of his father , as agreeing to what you declare to bee your purposes ; yea , i am fully perswaded in my soule , that if my saviour jesus christ were now living upon earth , he would bee utterly against your councels and actions in this point ; agreeable to whose most holy minde , doctrine and example , all christians that have truly feared god , have also honoured their kings . such hath beene the violence of pretorian souldiers , janisaries and mamalukes , such as have followed a caesar , or a scilla , or a marius , not knowing the minde of god in christ : but never of any christian souldiers , living in the power of godlinesse . so that being thus wholy destitute of any support from god's word or man's lawes , either for rule or example , to game my approbation to what you meane to perpetrate in a way exposed to so many horrid aggravations : truly i should thinke it not only my infinite sinne to declare for you , but even by my silence to betray you ( in other things so gallant men ) as much as in mee lies , to so great , and almost unexpiable a sinne : where you being destitute of any cleere grounds must needs sin more against the cleere light which shines upon you , and against your proceedings ; since to your soules , i owe and beare a great charity , next to the salvation of mine owne . furthermore , by my silence , i should faile of that poore remainder of duty which yet lies as the last point of my power to expresse to my soveraigne lord and king , being one of his subjects , and upon whom the many o●thes of god doe by obliegeing mee to desire , and in all faire waies to promote his both honour , and safety . you seem to take the first and greatest rise , for the justification of your proceedings from those advantages of meere , natural , or martiall power , which are in your hands : of which you can have no comfort , as any token of gods gracious and speciall favour to you , though never so prosperous , unlesse you have his feare before your eyes , which teacheth you to refraine , and depart from doing evill ; by keeping the exercise of your power within those bounds of morall and politicall good , to which god calls you by his word , the lawes of the land , and most particularly , by your owne derived commission : to all which , not onely the prime ties of conscience to god , and allegiance to the king , but those also of honour , faithfulnesse , modesty , and limited trust from the parliament should oblige you as men of true worth , and sober valour , whose will should never be the measure of their power ( as is in pyrats and robbers ) but their power is , and alwaies ought to be conteined in those religious and honourable bounds , wherein godly men alwaies keep their mortified and subdued wills , as david did , when he had to the personall injuries offer'd to him , the advantages added both of power and opportunity against king saul , for that of samuel's severity against agag , you know that neither is the king an agag to you , nor you as samuel to him . your next support , seemes to be setled upon the peoples petitioning , and seeming to assent to what you intend to doe ; when as i am very confident , and your selves cannot be ignorant of , that if free suffrages , or subscriptions of all the people were taken in the three kingdomes , you would find twenty to one against your judgment , and proceedings ; and these of very grave , sober , and considerable men . so that i cannot in order to my owne , and others eternall peace with god , but in all freedome ( yet with all meeknesse , and due respects ) but exhibit to you , as the chief conusellours and managers of the present designes against the king , this my loyall and religious protestation against it , and earnest obtestation of you ; not to bring upon your souls , and the kingdome , ( as much as in you lies ) the bloud of his majesty , the lords anointed . that i may at least , as joseph of aremathea , keep my self unspotted from it , whose voice cannot but cry as much souder , than any other mans unjustly shed ; as the bloud of adam would have done if gain had slain him being his father , instead of abel his brother . you know the caveat of the wise king solomon , given and repeated , there is a way which seemeth right unto a man , but the end thereof are the waies of death , prov. . ver. . & ch. . v. . i beseech you therefore , in the name of god , and for the love of jesus christ , let not your being advanced so far be any hindrance to your penitent and just retreat ; to which i think god calls you , as by many others worthier and abler than my s●lfe ; so by this my humble remonstrance , in which my unfeigned charity to your soules eternall good , as well as the king's and kingdomes temporall welfare , may , and will with men that have any touches of gods spirit in them , plead my excuse , for my thus presuming to contradict your councels , or intercept your proceedings . matters of so high a nature , should either not be attempted , or publickly argued , with the greatest calmnesse , clearness , and freedome ; the last of which , you have so obstructed , that most of those lords , and gentlemen , who are as much related to the king , and interessed in the affaires of the kingdome as your selves , are denied to use , or enjoy it . i beseech you to remember what mercies you proclaime to the world , god hath already shewed you , and what mercies you may yet stand in need of ; what pretensions and assurances of moderation and loyalty , you sometimes made to the king : o let not the world find in the event , that your pretended mercies were intended cruelties . after so long and so hard a restraint which the king hath suffered with so much patience , after so many concessions to his own diminutions , in order to the satisfaction of the parliament ▪ the kingdomes , and the armies interest , both joynt and severall : how can you in cool bloud , without any colour of due authority from god or man , destroy your and our king ; who cast himself into his subjects armes , and was received with all assurances of safety and honour ? if his majesty erred in his judgement or councell , which put him , as he thought , upon the necessary vindication of his just rights , against those , whom he was jealous went about to deprive him of them , yet can no lesse revenge serve subjects upon their king , or sons , towards their mistaken parent , then after long and many heavy afflictions , utterly to destroy him , and his ? forget not ( as i hope you doe not ) the common errours , to which all men are subject ; and those notorious ones , with which , mutuall re-criminations have aspersed both parliament and army , and with which we have all cause to fear , the most just judge of heaven and earth will charge the most presuming innocence of us all . o do not stain the renown of your valour by so mercilesse an act , as the destroying your king ; renowned even by some of your selves , for the greatnesse of his understanding , and many other princely vertues , and incomparable endowments . you are gentlemen that pretend to walk by the rule of a good conscience before god and man ; which must needes fail you , when god hath not given you either any scripturall command , or any magistratick power , over or against the king ; nay , you cannot but feel ( i think ) many checks and scruples , if not stri●●●ies to the contrary upon you , as well as other subjects , by no failings of the king , or any earthly power to be dispensed with . the presage of that deluge of miseries , likely to follow the ruine of the king in these miserable kingdomes , doth not so much terrifie me ▪ as those sins which have deserved and brought upon us , so vast judgements . to all which , the addition of this both grand sin and judgement of destroying the king ; against all lawes of god and man , of warre and peace , of valour and honour ; must needs become so far the heavier , as it becomes the more nationall , by drawing with it the consent of others . wherefore i thought it my duty , being exempted through the love of god , and charity to your soules , from that spirit of bondage , which makes too many servilely fear your power ; thus to endeavour as much as in me lies , to hinder the contagion of so great a sin , and stand in the gap , both against the sin , and ensuing judgments : having no other end in these sudden lines , but to witnesse to the truth of god , ( as i conceive it ) to the honour of the true christian religion , to my particular duty , and oathes of allegiance , as also to that charity and respect i bear to the welfare of my country , and your own persons . i had rather you should see and prevent your sins in such glasses of free and fair remonstrances , then hear of them too late by the clamours , curses , and bitter reproaches of others , or in the fearfull ecchoes of your own most troubled and terrified consciences , and the just wrath of god upon you and the kingdome . i earnestly beseech god , the most wise and just disposer of all things , ( whose executive power wicked men oft unjustly usurp ; but gracious men never either invade or execute , without an orderly authority derived either immediately from god , or mediately from those politick lawes , and setled magistracies which are gods ordinances among men ) him i beseech to look upon you in mercy , whose sin , with successe , will make you infinitely more miserable then the king , or any man can be , under the greatest worldly sufferings , which ( i hope ) god hath , and will further sanctifie to him . that great god and king will ( i hope ) incline your hearts to those wayes , which are clearly his will ; not as to private imaginations , which are various , falacious , and dangerous , but as to those publick and infallible declarations of his oracles , and providence , viz. the scriptures , and our lawes . with regard to both , which most clear and constant lights ; that which you call justice against the king , seemes to me the greatest and most unparallel'd injustice . what i humbly present to you in a way of a most just , and ( at least ) a mercifull tendernesse towards your soveraigne , and your soules , is not more your duty , than it will be both your comfort and commendation for ever . when the world shall see your power bounded with loyalty , sanctified with piety , and sweetned with pity , not foolish and feminine , which i would have below you ; but masculine , heroick , truly christian and divine : which commands you to adde to your many other victories , this crown of our rejoycing , and your triumphs , the conquest of your selves : by overcomming what you conceive evill and blameable in another , with such unquestionable goodnesse in your selves . wherein i humbly entreat the god of mercies to make you to abound , over-powring all passions and frailties in you as men , and perfecting all graces in you , as true christian subjects to a christian king . this i write , and pray , as your faithfull monitor , and servant , according to the will of god . john gauden . january . . to col : w : sir , your friendlinesse and great civility hath given me some encouragement to entreat you , that by your hand these enclosed papers may be presented with my due and christian respects to his excellency , and the counsell of warre , when they next meet , my motives to them , and the contents of them you will best understand , when you shall please to communicate them as they are directed , i shall not , i hope , seeme when you hear or read them , to have made any sinister or uncomely use of your favour , in offering to you , and by your mediation to them , such considerations as carry with them , the weight , not only of temporall , but eternall lives ; and the concernment of many souls as well as bodies . sir , i doubt not of your faithfullnesse in fulfilling my request to you , nor yet of your candour , in not mis-interpreting that modest freedome i have taken ; for which , as i have the greatest compulsions from within , so i had no small invitations from your self , and others of your company yesterday ; when by your wonted and commendable courtesie you added many obligations to those which you formerly had upon your most faithfull friend and servant in the lord , j. g. jan. . . finis . children of beliall, or, the rebells wherein these three questions are discussed : i. whether god or the people be the author and efficient of monarchie? ii. whether the king be singulis major, but universis minor? iii. whether it be lawfull for subjects to beare armes or to contribute for the maintenance of a warre against the king? t. s. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing s ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing s estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) children of beliall, or, the rebells wherein these three questions are discussed : i. whether god or the people be the author and efficient of monarchie? ii. whether the king be singulis major, but universis minor? iii. whether it be lawfull for subjects to beare armes or to contribute for the maintenance of a warre against the king? t. s. scott, thomas, ?- . swadlin, thomas, - . [ ], p. s.n.], [london? : . "to his honoured friends" signed: t.s. variously attributed to thomas scott and thomas swadlin. cf. wing; nuc pre- . place of publication from wing. reproduction of original in huntington library. marginal notes. eng divine right of kings. monarchy. great britain -- politics and government -- - . a r (wing s ). civilwar no children of beliall, or, the rebells. wherein these three questions are discussed: i. whether god or the people be the author and efficient swadlin, thomas d the rate of defects per , words puts this text in the d category of texts with between and defects per , words. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion children of beliall , or , the rebells . wherein these three questions are discussed : i. whether god or the people be the author and efficient of monarchie ? ii. whether the king be singulis major , but universis minor ? iii. whether it be lawfull for subjects to beare armes , or to contribute for the maintenance of a warre against the king ? mat. . . hee that is not with me , is against me , &c. printed in the yeere , . to his honovred friends , sr. g. c. and his vertuous ladie , a. sir , madam , you have beene informed of my loyalty , and beleeve it ; i have felt your charity , and acknowledge it : that the world may say , i dyed a loyall subject , and a thankefull servant , i have left these lines as a testimony of both , from him that was while he lived , sir , madam , your beads-man , t. s. some few faults have escaped , which the reader is intreated thus to correct . pag. . line . read sine . ibid. l. . r. distinction . p. . ult. r. ipse . p. . l. . r. regali . p. . marg. pars for ps. sam. . . the children of belial said , how shall this man save us ? and they despised him , and brought him no presents . this latter , and therefore this wicked age , hath broached three seditious questions : the questions were heretofore brewed by bellarmine and his fellow jesuites , by buchanan and his fellow schismaticks : and this age , this jesuiticall , schismaticall age hath practically broached , what they but speculatively brewed . viz. . whether god or the people bee the author and efficient of monarchy ? . whether the king be onely singulis major , but universis minor . . whether it be lawfull for subjects to beare armes , or to contribute for the maintenance of a warre against the king ? and this age , this wicked age , resolves these questions just to the peoples humour ; and saith , . the people are the author of monarchie : . the people represented , are greater then the king . . it is lawfull to contribute for the maintenance of a war , or to beare armes against the king . but to make good that old adagie , quod vulgo placet , sapienti displicet , the prophet samuel , in this chapter , in this verse , resolves cleane contrary , and tells us , . that god , and not the people , is the efficient of monarchie : so he saies , v , . see yee him , quem populus elegit ? at no hand ; but quem elêgit deus , see ye him whom the lord hath chosen : the king hath his power , not precario , by the peoples curtesie , but dei gratiâ . . that the king is greater then the people , not only in piece-meale and particulars , but also in grosse , and generall ; so he saies againe ; v. . he , the king , stood amongst the people and was higher then all the people by the shoulder and upwards ; not only in stature , but also in power , and therefore all the people shouted and saied , god save the king . . that contributions to maintaine a war , or to war against the king , are unlawfull , utterly unlawfull , because the king is to be assisted in his wars by the people ; and they are here marked carbone , for children of belial , who brought him no presents : certainely they are ten times more the children of belial , who bring presents against him . indeed this text within its owne verge resolves these three questions . . in the description of rebells ; they are children of belial . . in the expostulation , the saucie expostulation of rebells , how shall this man save us ? . in the condition of rebells , the condition positive , and the condition privative ; positively , they despise the king , and privatively , they bring him no presents . . the result of the whole falls into these particulars . ● . they account the king but as one of themselves , and as one chosen by themselves ; and therefore they saied , how shall this man save us ? and therefore they are called the children of belial : had they looked a little higher , and observed how god chose him out of them , they would then have believed , that god by him would save them ; because god chose him out of them for this very end and purpose , to be the king over them , and protectour of them . . they looked upon themselves aggregation , and in conjunction , and thought themselves in that bulke and collection greater then him ; and therefore they despised him ; and therefore they are called the children of belial : had they looked upon him as the head of that body , whereof themselves were our members , they would have confessed , that neither some of the principall members representatively , nor all the members collectively had been worthy of comparison with him ; and that he , the king , had been greater , not only then any one asunder , but then all together also . . they looked upon their enemies , how strong they were , and upon themselves , how numerous , how copious , and therefore how well able to defend themselves ; and therefore they brought him no presents , and therfore they are called the children of belial ; and therefore not only by symbolical , but also by rationall divinity : it is unlawfull to contribute for the maintenance of a war , or to beare armes against the king . i begin with the first , the description of rebels , in the first words ; the children of belial saied : and first , what is here meant by belial ? why , as christ tacitely tells his disciples there are many kindes of divells , when he saies expressely , this kinde goes not out , but by fasting and prayer ; so the prophet samuel here tells us , that there are divers names of divells , or the devill hath divers names , and this of belial is not the best . v. g. sometimes he is called daemon , for his knowledge ; sometimes satan , for his malice ; sometimes beelzebub , for his filth ; sometimes diabolus , for his traduction and accusing of man ; sometimes as heere , belial , for his rebellion , and casting off the yoke of obedience , for contending against him , as much as in him lyes , by whom he should , and shall at last be controuled ; for belial signifies absque jugo , or absque dominio , a masterlesse imp , and it is not unworthy your remembrance ; that wheresoever people are so called , children of belial ; disobedience and rebellion are the ground of it . but what then ? did the divel beget these men in my text ? or else , how and why are they called the children of belial ? no , the divell cannot beget children ; neither , . as the common cause ; for so sol in concurrence with man generat hominem ; nor , . as the proper cause , either a sirvile genere , or a simile specie ; nor , . as the materiall cause ; for he is not spermaticall . they are then here called the children of belial , not by any naturall or virtous generation , but by a vitious and sinfull imitation : as christ told the jewes , that they were of their father the divell , because they sought to kill him , and belye him , and gives the reason of it , for the divell is a murtherer from the beginning , and the father of lies : so here the prophet samuel calls these men the children of belial , i. e. of the divell , because they by his example and tentation sought to shake and cast off the yoke of obedience : and therefore they barely apprehended the king , as a creature of their owne , and chosen by themselves , or of faction amongst themselves , saying , how shall this man save us ? and this brings me to the examination of the first question , viz. whether god or the people be the author of monarchie ? to this is is answered by the children of belial for the people ; saying , how shall this man , this man , and no more , save us ? but by the prophet of god , it is resolved for god , saying , see you him whom the lord hath chosen ? and now , beloved judge your selves , whether it is fitter to obey god or man , as the apostles spake in another case ? whether it be fitter to believe the children of belial , who from their father have learnt to speake nothing but lies , or the prophet of god , who from the spirit of god can speake nothing but truth ? if i thought there were any children of belial here , i would for their sakes examine this question to the full , either to call them by repentance to acknowledge the truth , and doe their duty , or that they might with more security , and lesse excuse wander to hell : if there be any such divell in samuels mantle here , any complyer here with the children of belial , elsewhere , let him at least know the truth , and if he will be blessed , let him doe it too . the very worke of creation speaks this truth ; god made many angels , he made but one man , and yet he could , if he would have made as many legions of men upō earth , as of angels in heaven : he could , but he would not ; would you know the reason of it ? truely i dare not prie into this cabinet ; such secrets of state are not for the commons ; yet according to my evidence , i shall dare shew you the outside of it ; thus : god found not heaven it selfe free from mutinie amongst a multitude of inhabitants , and therefore to take off all colour of rebellion , and to prevent all pretence to disobedience against soveraignty , he made but one man ; one , and no more ; hereby teaching us , that the power of a king over his subjects is as naturall as the power of a father over his children ; that the power and person of a monarch is from god , and not from the people , and so to be acknowledged by the people : sic fuit ab initio . and this is acknowledged by aristotle , who was led only by the light of nature , and saw as far into the lawes of nature , as ever man did : at first , saith he , regall power belonged to the father of the familie , and he gives this reason for it ; because in the infancie of the world , the fathers were so grandevous & lived so long , that each father begot such a numerous posterity as might people a whole country : and therfore regal power over them as subjects was no lesse from god , then paternall power over them as children . will you heare another naturalist , little inferiour to this , say the same ? principio rerum , gentium nationumque , imperium penes reges erat ; the rule of nations , of all nations , was in the hands of kings from the beginning , and the people had no more right to chuse their kings , then they had to chuse their fathers , because the kingly right appertained to the father of the family : sic fuit ab initio . and so it hath continued ever since , and in all places . looke else upon moses the first catholick and visible king of the jewes ; ( the sanhedrim was but his great counsell ) he was fully perswaded that god had appointed him to be israels deliverer : and when god called him , he alone called him , not with the people , not to the people , for their approbation by vote , but to pharoh for the execution of his owne justice : and all this to tell the people , that yet they had nothing to doe in the appointment of a king : that god himselfe and he only , he inclusively , and he exclusively , is the efficient of monarchie . when afterward god left them to themselves , and gave them no kings , and that monster the multitude took the power into their owne hands ; o , what hideous births did they produce ? licentiousnesse instead of the subjects libertie , rapes , and rapines , instead of the subjects propriety ; enough to affright people from affecting any kinde of government whereof god himselfe is not the immediate efficient : and he is not so the immediate efficient of any kinde of government as of monarchy . well , afterwards when god in mercy looked upon their misery , and gave them a little refreshment in the succession of two judges , eli & samuel , & they were weary of this government , and would needes have a king to governe them , as the nations had : why , even then god did not give them leave to chuse one themselves ; but he himselfe appointed one over them , even saul , of whom samuel saies , see yee him whom the lord hath chosen ? it is still to tell them , that god is the author of monarchie , and not the people . and was it not so afterwards ? what else meanes solomons per me reges regnant ? that 's for the jewes , you le say ; it is true , and it is as true of the nations too ; what else meanes isaiah's vnctus cyrus ? daniel speakes them both : the most high ruleth in the kingdome of men , and giveth it to whomsoever he will ; marke it , god gives it , not the people , and god gives it to whomsoever he will , not to whomsoever the people will . thus it was in the daies of moses and the prophets ; and was it not thus in the dayes of christ and his apostles ? why else did christ acknowledge pilates power to be de super ? why else doth st. paul say , the powers that bee , are ordained of god . that objection of jeroboam , that he was a king of the peoples making , doth not soile this truth a jot , for jeroboam confesses himselfe to be but an usurper , saying , this people will returne to their owne lord , if they doe sacrifice in jerusalem : we have good hope , if ever our old religion be set up , this new rebellion must goe downe : and it concernes you , gentlemen , to looke to it to the establishing of our religion , nor does that reply from saint peter any more helpe this lame cause ; where he calls monarchie the ordinance of man . for saint peter speakes of the finall cause of monarchie : it is for the good of man ; and saint paul speakes of the efficient cause ; it is ordained of god . pareus himselfe , pareus confesseth as much , saying , the very word {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} ad deum primum authorem nos revocat ; this word creation , shewes plainely that god is the author of monarchie . thus it was in the dayes of moses and the prophets ; thus it was in the dayes of christ and his apostles ; and hath it not been so in the dayes of christians ever since . looke else upon athanasius for the primitive fathers ; the power of kings is of god : looke else upon aquinas , for the schoolemen , all kings are gods ordinance , even wicked kings to punish the peoples sinnes : looke else upon luther , for the moderne writers ; yee ought not to reject the prince whom god hath set over you : it was his answer to the assembly of the german rebells . thus it was in the dayes of moses and the prophets ; thus it was in the dayes of christ and his apostles ; thus it was in the dayes of athanasius and the primitive fathers ; thus it was in the dayes of aquinas , and the subtle schoolemen ; thus it was in the dayes of luther , and our honest grandfathers . but hath it beene so with the kings of england ? looke else upon his rights , looke else upon his power . . his right to the crowne is by birth , not by election : he hath it not by the peoples votes , but by gods blessing , and hereditary succession : king charles that now is , and long , and long may he so be , was king of england , scotland , and ireland , so soone as ever king james was dead , by the law of birth-right ; and so had beene , though he had not yet received the ceremonie of coronation : henry . was not crowned untill the ninth yeare of his raigne , and yet he was king the eight preceding yeares . . his power is universall , in all causes , over all persons , both ecclesiasticall and civill : so is his power military ; he may , the people may not , ( de jura ) proclaime war , and establish peace : so is his power curiall ; no court , not the court of parliament can meet , but by the kings authority ; yea , the court of parliament it selfe was at first devised , framed , and instituted by the kings of england ! o fortunatos anglos bona si sua nô rint : so is his power officiall ; he bestowes all offices , the lord keeper , the lord treasurer , the lord chamberlaine , and all the rest acknowledge the king their only patron and donor ; and lastly such is his power origenall , and that runs thus , carolus dei gratia , not , carolus electione populi . the king hath under him free-men and slaves , saies bracton , but he is under none but god : and it may be said of our king in his chaire-royall , as it was said of solomon , that he then sits , not in solium populi , as if they made him king ; but in solium domini , because he is , what he is , charles , by the grace of god , of england , scotland , france , and ireland , king , &c. and may almighty god with his grace , by which he made him king , continue him in his kingdomes , and restore him to his power , that he may punish all those men of belial , who say , they made him king , and he shall no longer raigne over them ; yea , o god , let all those children of belial taste of thy mercy , and the kings justice , who say , how shall this man save us ? and so deny his authority to come from thee , and despise him because they conceive him lesse then the whole body , though greater their particular members . amen . it is my second part , and i am now to discusse it ; i called it the positive condition of rebells : they despised him : and first what is the meaning of these words , they despised him ; why the meaning of this consists in these three branches . . they did malè cogitare , and so came within the compasse of solomons prohibition , curse not the king in thy thought . a thought of despising the king is treason , as well as a word , and a word as well as an action : so it is said of the intentions of bigthan and texesh , traitors they were , and yet they never came to an insurrexerunt , or any act of treason , but only to a voluerūt , a bare intention , they sought , or , they thought to lay hands upon king abasuerus , and for this very thought they were hanged : and as the law of god , so the law of this kingdome construes a bare purpose against the king , a despising thought of the king , to be treason , and makes it deadly my prayer therefore is : convert them o god ; if they will not bee converted , confound them o god , as many as have evill will against my lord the king , and do malè cogitare , despise him in their thoughts . . they did malè dicere , saying , how shall this man save us ? and so came within the compasse of moses his prohibition , thou shalt not speake evill of the ruler of thy people : a word against the king is treason , as well as a thought , or action ; greater treason then the thought , and lesser then the action : and they that now word it against the king , if they be of the clergy , they are of balaams ordination ; because they curse whom god hath blessed : and he was killed with the sword ; if they be of the laietie , they are of shemeies condition , because they revile whom god hath anointed ; and he was put to a violent and shamefull death : and at this time by the law of this kingdome , there stands one pym endited and arraigned for saying , he would , if he could , embrue his hands in the bloud of king charles ; my prayer againe is : convert them , o god , convert them , if they will not be converted , confound them o god , and let them perish , as many as speake evill of my lord the king , and doe malè dicere , despise him with their tongues . . they did malè facere ; for they brought him no presents , and so came within the compasse of king davids prohibition , thou shalt not stretch forth thy hand against the lords anointed ; ( and drawing our hand back from the lords anointed is equivalent ) i know king david there speakes by an interrogative , quis , who can ? but i know withall that that interrogation , quis , is a most tryumphant negative , and saies nullus , no man can , unlesse he will bring guilt upon his owne soule : absolon did against his father the king , and was both hanged and stabbed for it ; robert late earle of essex did , and was beheaded for it , and how many in the same conspiracy were hanged , you may reade in that story ; my prayer againe is : convert them , o god , convert them , and returne them to their duety of loyalty to thine annointed ; if they will not be converted , confound them o god , as many as lift up their hands against , or withdraw their hands frō my lord the king . you see what is meant by these words , they despised him ; will you now see why they despised him ? why , it was because they looked on him as a single man , how shall this man save us ? happily they thought him greater then any one of themselves in particular ; but they thought themselves in a collective or representative body greater then the king ; and this brings me to my a . ae . and the unfolding of my second question , which is , whether the king be singulis major , but vniversis minor ? but of the first branch of this question , i shall not neede to speake ; for that the king is singulis major , no man denies ; or if any , onely such as are more beasts then men , and live more by sense then reason , or rather , have lost both their sense and reason . my enquirie therefore is upon the other branch of this question : viz. whether the king bee universis minor , lesse then the body representative ? this is the thing in agitation in this wicked age , and affirmed by wicked men , the children of belial . but how truely they affirme it , you may see : first , by their sophistrie : and secondly , by our verity grounded upon scripture , fathers , reason , and the law of england . . they tell us , the fountaine or cause of the king is greater then the king ; but the people representative is the cause and fountaine of the king . but with their favour , that axiome upon which they build , quicquid efficit tale est magis tale , though it bee alwayes true , ante effectum productum , yet it is often false , post effectus productionem : v : g : the fountaine was once more water then the river , the sparke was once more fire then all the wood in the chimney , but it is not so . and indeed , the assumption is never true , for the people is not the fountaine or efficient of the king , god is ; i have shewed it before , and thither i referre you . and yet , were it true , why , yet it would not follow , that therefore the people are greater then the king : for that axiome is true onely in those agents , in whom the quality by which they worke is inherent , and from whom it cannot be separated : but the people ( if they had power to make the king ) have by that act divested themselves of that power ; and the king is not under them , but over them ; and not onely over them , sigillatim , but also conjunction ; else the body representative need not petition him ; for they might command him , they need not else call him their soveraigne , but their fellow-subject , they need not else write , to the kings most excellent majestie ; but , to our very loving friend : but you know the usuall style of the body representative ; to the kings most excellent majestie ; we your majesties most humble subjects in this present parliament assembled ; and this i hope is no complement , or pro formâ tantum : sure i am they call god to witnesse it , and so by their owne practise and confession , the king is , not onely singulis , but also universis major . . and so secondly , the scripture sayes as much ; for when that army royall was to joyne battell against absolon the generall of the rebels , and his rebell-armie ; and david the king had appointed his three chiefes over all his cavalrie and infantrie , joah , abishai , and ittai , and said , hee would go forth himselfe to battell , no said the people , the people represented the great councell , the councell of warre , and the councell of state : they all desire him to forbeare , and tell him , it is not safe for him to go along with them ; and why ? what reason have they for it ? marry the best reason in the world , salus populi , salus regui , both depending upon the safety of the king : if we flie away , they will not care for us , neither if halfe of us die , will they care for us but now thou art better then . of us : id est , thou art worth us all , thou art better then us all , thou art over and above us all . and so much sayes god himselfe , when speaking of the king , he sayes , i have exalted one chosen out of the people ; marke it , it is vnum electum è populo , not a populo ; and that one so chosen by god , god hath exalted ; and over whom hath god exalted him ? over the people sure , or over no body , and not over this or that part of the people , but over the people indefinitely : i.e. over all the people generally and universally . the new testament too speakes the same , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . in which words the body collective , and the body representative , are both subordinated to the king : the body collective is the people ; and sayes saint peter to them , submit your selves , the body representative is the inferiour magistrates , the peers , nobles , and counsellors , call them what you please , the house of peeres , and the house of commons ; and saies saint peter of them , they are governours sent by him , id est , by the king : for {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} cannot here relate to any word but {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , else there had beene an absurditie , and if there were a {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} to {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , there were an impossibility too , as absurd to suppose one kingdome to have two supremes , as one firmament to have two sunnes , and as impossible to grant obedience to two supremes commanding contrary things , as to serve two masters . in a word , the inferiour governours are made by the cheife , and who is the chiefe but the king ? god only made the king , and the king only makes inferiour magistrates ; ( for they are sent , or made only by him ; ) god only can de jure unmake the king , and the king only can de jure unmake the inferiour magistrates ; and therefore , they are not coordinate with him , but subordinate to him . if now you believe samuel the prophet , or st. peter the apostle , or god himselfe , the king is as well universis , as singulis major : id est , in plaine english , greater then people , or parliament : viz. where the king and parliament are distinguished ; for the parliament is sent , or made , or calld to be a parliament by the king . and hath it not been so ever since ? looke else upon tertullian for the primitive fathers , we account the emperour soveraigne over all , and acknowledge him subject to god alone : looke else upon aquinas for the schoolemen , if a successive king , or king by inheritance turne tyrant , recurrendum est ad omnium regem , deum , we must have recourse to god alone , because god onely hath power over kings . and sayes gregory turonensis to childerick that king of france , you may chastise us if we transgresse , but if you exceed your limits , who may chastise you ? none , no man , no assembly of men , who but god ? surely then the king is above all men in the judgement of divinity . and is he not so in the judgement of reason ? why else doe we call the ring sponsus regni ? and at his coronation he is wedded to the kingdome with a ring : why else doe wee call the king caput regni ? not of these or those perticular members , but regni , of all the members in the kingdome : for all the members in their politick capacity make but one body , and hath one body any more then one head ? and hath not every body a head ? else it is a monster , or a carkasse : nec populus acephalus corpus vocari meretur ; quia ut in naturalibus capite detruncato , residuum non corpus , sed truncum appellamus ; sic in politicis sive capite communitas nullatenus corporatur : and certainely if the king makes the community a body , and the community without the king is not a boby , the king is above the community , for the head is above the body . to these two denominations , i adde a third ; the king is oecenomus , or pater familias : the kingdome is familia , the king is dominus , the kingdome domus , and that criticisme is ● truth ; dominus domni praeest , as well in universis , is singulis . agesilaus foresaw the danger of this destruction and therefore to a citizen of sparta , that desired , an alteration of government , he returned this answer , that kind of rule which a man disdaines in his owne house , is very unfit to govern a kingdome by : you disdaine that your wife , children , servants , the representative body of your little kingdome , should carry themselves over you , and command you ; it is a gracelesse familie that does so , and they are gracelesse and rebellious subjects , that say , they are , or esteeme themselves to be above the king . they that say so , speake against reason , for the king is sponsus , and the people sponsa ; for the king is caput , and the people corpus ; for the king is pater , and the people filij ; for the king is dominus , and the people servi . they that say so , speake against divinity : for it hath been the universall opinion of all the fathers , of all , i bate not one till the yeare . and odde ; that the king is inferior to none but god ; and they speake against the letter and sense of the scripture too , for the scripture calls such despisers of the king , children of belial : and lastly , they speake against the letter and sense of the common lawes of england too . omnis sub rege , saies bracton ; parem non habet in reg●● de chartis regiis , & factis regum , neo privatae personae , 〈◊〉 justiciarii debent disputare . notorium est , saies walsingham ; it is beyond all doubt , th●● the kings of england are of an unbounded preeminence , and ought not to answer before any judge ecclesiasticall or civil . it was an answer of that parliament to a popes demand , and for such demands our forefathers accounted the pope to be antichrist ; i wish they had not sent that reason of antichrist from st. peters in rome to st. peters elsewhere ; for some wise men doe not now stick to say , if this be his badge , populus is antichristus ; it is an ordinary thing for antichrist to lye , and i take this for one ; for if the king be of an unbounded preeminence , then by no meanes under the peoples girdle . that objection is of no force ; ad tutelam legis , subdit●rum , ac eorum corporum & honorum rex erectus est , & hanc potestatem affluxam ipsa habet : for fortescue there speakes of a king meerely politick , saying , rex hujusmodi , whereas regnum anglia in dominium politicum & regal● prorupit , & in utroque , tam regalè , quàm politico , populo suo dominatur ; the sence of this great lawyer is , in reference to his power , he is a regall king , & rex naturalis , and a king by birth ; in reference to his duty , he is a politick king , or rex nationalis , a king by law ; but in both , a king ; and therefore universis major in both respects . nor does that reply from bracton or fleta , ( for they both have it ) doe any more harme ; rex sub lege est , for howsoever the king be under the directive power of the law , as the law is the rule of justice ; yet he is above the corrective power of the law , as the law is the instrument of justice . in a word , the law declares the kings right , the people admit him to the possession of that right , the counsell advise him in the safest way of governing his people ; and so they use all but as instruments and servants to him , and he is above them all . the king is the life , the head , and authority of all things that are done in the realme of england , saies sir thomas smith in his common wealth of england . summam & supremam potestatem habet in omnes regni or●●●s ; nec praeter deum superiorem agnoscit , sayes master cambden ; and if he be under none but god , he is above all the people , unlesse they be god . and to all this you have all sworne in the oath of allegiance , some of you in the oath of supremacie , and the late protestation , viz , to maintaine the kings supremacie in all causes , and over all persons , ecclesiasticall and civill : a soveraignty then hee hath , and you have sworne to maintaine it , not onely over singular persons , but over all persons , and as you endeavour it , so helpe you god . but you may justly feare , if now you unsweare that , or sweare , or doe against that which you have so solemnly sworn to doe ; that god will , not onely not helpe you , but wound you , wound you while you live with the infamie of rebells , and a tormenting conscience , and wound you when you are dead with the eternity of fire , and all the torment of hell . from both which almighty god deliver you for jesus christ his sake : and from both which that you may be delivered , i pray god to give you grace to acknowledge and esteeme the king to be universis as well as singulis major ; amen . they that thinke lesse of him , doe despise him , and are therefore the children of bellal ; and so are they that bring him no presents . it is my last consideration ; i called it the privative condition of rebells , and children of belial , they brought him as presents . i need not spend any time in the explication of these words , they are obvious to the thinnest understanding , and they intend thus much ; these men , these children of belial , did not contribute to the maintenance of the king in his warres , they did not ayde him , they did not assist him , they ayded him not with armes , they assisted him not with money , they withheld his vectigalia from him , they brought him not his customes , his crowne-revenues , his subsidies , and his pollmonies . i shall therefore spend my ensuing discourse , in resolving that question , which doth even naturally arise from these last words , viz. whether it be lawfull to beare armes , or to contribute for the maintenance of a warre against the king ? and this text resolves it negatively , and sayes , it is not lawfull ; for they who brought the king no presents , were sonnes of belial ; and therefore much more are they the sonnes of belial , who fight against , or contribute to maintaine a fight against the king . and to make this good , i shall take leave , . removere , to remove those objections , those grand objections which seem to check this truth . . movere , to commend to you a choise and pregnant place of scripture , or two , which give the checkmate to those objections : . perpendere , to waigh some speeches of the fathers , and so make it good by their theorie and practise : and . proponere , to lay before your face some of those fearefull judgements , which have befallen some men that have borne armes against their kings , as fearefull examples for them , who now contribute for the maintenance of such warres . and first , for the objections ; i meet but with two that carrie any seeming validitie with them , many more there are : as . the peoples rescuing jonathan from saul : . elisha's shutting the doore , and holding fast the messenger that came from king joram : . jebues killing that king joram : . ahikams defending the prophet from the tyrany of king jehoiakim : . the withstanding of vzziah the king by azariah the priest : . the deposing of athaliah the queene : but they are all frivolous , and want weight , et eâdem facilitate repelluntur , quâ proponuntur . the first that carries any shew with it , as i conceive , is davids taking up armes against king saul ; and hence the rebells argue thus : david the subject tooke up armes against saul the king , and was not rebuked for it , either by divines , lawyers , or states-men ; many of his fellow-subjects tooke up armes with him , to the number of . and very likely , many more contributed to the maintenance of that army ; nor yet were they reprehended by divinity , law , or pollicie : and therefore subjects may in some cases take up armes , and contribute to the maintenance of a warre against their king , ( if he be an oppressour of their properties , liberties , or religion . ) and to this colourable objection it is answered , the allegation is false , false and absurd both ; false , because david was so farre from taking up these armes against king saul , that he continually fled from him , and never fought with him : yea , so farre from fighting with king saul he was , that when god had delivered him two several times into his hands , once at the edge hill of hackilah , and once in the wildernesse of eugedi , he durst not himselfe , nor would hee suffer any man else to stretch forth his hand against king saul , and for this onely reason , because he was the lords annointed , false therefore : and absurd too , to imagine that david should raise or entertaine . men to fight against king saul , who never went without . men at his heeles : impar congressus , and very unlearnedly is david with his . men urged as an example or argument , to justifie disloyalty . nor will that addition helpe it , viz. that king david was . strong ; for he was not so strong till after sauls death , as appeares in the story : but admit it for truth , that david was . strong in the dayes of saul , yet this is so farre from being an argument to justifie rebellion , or taking up armes against the king , as that it doth altogether condemne it ; for notwithstanding so great strength , yet david never pursued saul , never let flie any murthering arrowes , dart , ston● , at or against king saul , but still fled from him ; and to put him out of all such feares and jealousies , hee got himselfe with all his forces out of his kingdome , and begged a place for his habitation of achish king of gath. let all our rebells follow david in the whole example , and wee shall both allow this quotation , and also commend their imitation ; yea , and pray they may have so many followers , that there may not bee one rebell left to lift up his hand against king charles the lords annointed . object . the second objection of any colourable strength , is that of jeroboam ; from whence it is thus argued : rehoboam the son of solomon refused to ease the people of their burthens , and therefore the people tooke up armes , and set up jeroboam to be king over them ; and this was so farre from being a sinne that the text sayes , it was from the lord ; and therefore subjects may in some cases beare armes against their king . it was answered , the scripture here sets downe , rei gesta veritatem , non facti aequitatem ; and hereupon sayes saint austin , quia factum legimus , non ideo faciendum credimus , s●ctando enim exemplum violimus praeceptum , nor can wee any more free our selves from the breach of the fift commandement , if wee take up armes against our king upon this example , then wee can from the breach of the eight commandement , if wee plunder and robbe our neighbours upon the example of the israelites spoyling the egyptians . true , jeroboam was king , and that was from the lord ; but by permission onely , not appointment ; and god in that permission at once punished solomons idolatry , and rehoboams follie ; but notwithstanding this , that act of the people , in revolting from rehoboam , was rebellion , and so called by god himselfe in two severall places , and god punished this rebellion of theirs so fearefully , that he first gave them up to idolatry , and afterwards drove them out into captivity ; and this is commonly the reward of rebells : first they turne idolaters , or what is tantomount ; irreligious , ( let any one say what religion the rebells are of ) and so are hated by god , and afterwards are made slaves , and so are hated by men ; that we may never fall into the one or the other , either idolatry , or captivitie , almightie god keepe us from rebellion . amen . the scripture affords not one more colourable example to justifie the taking up of arms against the king , and therefore the rebells of this age borrow one from our owne country . object . richard the second was deposed by parliament , and therefore a king of england may be resisted . i answer it , infandum scelerate jubet renovare pudorem : if the rebells were not past all shame , they would never have remembred this factum , since it is without all aequum , and to this day remaines the blemish of our nation ; and this very act brought such miseries upon this kingdome , that untill two kings , one prince , ten dukes , two marquesses , . earls , . lords . . viscounts , one lord prior , one judge , . knights , . esquires , gentlemen of a vast number , and . common people were slaine in these civill warres , england never saw happy dayes ; this repetition hath rethorique enough to stirre you up to sorrow , i say no more of it therefore ; but , that we may againe see peace and happinesse in our dayes , god put a period to them that beare armes against king charles : amen . for it is unlawfull , as appeares . . by scripture , i will name but two instead of two hundred : the first is that of solomons , whose precept is , that we keepe the kings commandement : id est , whatsoever he commands , so it be not against the word of god : the reason of this precept is double : . in regard of conscience , because of the oath of god , we have sworne to it , and we have called god to witnesse to the truth of our intention and endeavour to performe this oath ; and accordingly we may expect god● rewarder , or a revenger : the second reason is , in regard of power , for where the word of a king is there is power : q. d. for a while , the word of a king , like the word of god , may be sleighted , but in the end , it will appeare a word of power , and shall be suffered with death , where it was not obeyed with duety : for against the king there is no rising up : nemo qui insurgit , sayes junius ; nemo qui insurgat , sayes clarius , ( i wish hee had beene a prophet : ) by solomons rule , it is unlawfull to beare armes against the king . and so it is by saint pauls rule too , his precept is obedience to the higher powers , not to the naked authority , as mr. burrowes would make that man beleeve , that is given over to beleeve a lye , but to the person cloathed with that power : for if {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} may signifie power in the abstract , or the power of the law , without relation to the person that made that law ; yet {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} must of necessity note the person , and the superiority of the person , that hath this power conferred upon him ; and such power no person in england hath , but onely the king of england : his great counsell may ju● dicere , he onely can jus dare ; and therefore to him must every english soule be subject ; subject actively , licitis , and subject passively , in illicitis ; both wayes so farre subject , as that we may not resist : the reason is , for if we doe , we shall receive damnation : the word is {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , and that signifies , not the plundering of the goods at home , not the hanging of the body abroad , but the everlasting damnation of the soule and body in hell , notwithstanding mr. marshals new lexicon . if now you beleeve solomon , or saint paul , ( i could add moses and all the other prophets , saint peter and all the other apostles ) it is not lawfull for any man , for any sort of men to beare armes against the king : yea , therefore every man must assist the king with armes , and contribute to the maintenance of his warres , for they that doe not are the children of belial : the children of belial said , how shall this man save us ? they despised him and brought him no presents . and doe not the fathers assent to the same ? why else did justin martyr say ; for our religions sake , and preservation of publike peace , we christians , o emperour , yield you our helpe and assistance : it was tertullians glory , that christians were never found albinians , nigrians , cassians , or any other sort of traytors : athanasius professed it not lawfull to say or speake otherwise then wel of majestie : nazianzen knew no meanes lawful to restrain the persecutour , but tears : st. ambrose knew no other way to resist then with teares : st. austine commended the christians for obeying julian , i could name st. gregory , fulgentius , st. bernard , and many more : for all , heare the anathema of a full assembly of bishops in the conncell of toledo , whosoever shall violate that oath which he hath taken for the preservation of the king's majesty ; whosoever shall attempt to destroy or depose the king , whosoever shall aspire to the regall throne , let him bee accurst , cast out of the church , and together with his complices bee condemned with the devill and his angels eternally ; let them be all tyed in the bond of damnation , who were joyned in the society of sedition . here now let no man say , that these fathers command obedience to good kings onely ; for some of those kings , whom they command to obey , were hereticks , some idolaters , some apostata'es , some tyrants , most of them bad enough . let no man say , the christians did not resist , because they had not strength and power enough ; for tertullian tells you , they had ; cyprian tells you , they had ; saint gregory the great tells you , they had ; the number of christians was a principio , from a few yeares after the apostles . nimius & copiosus , both strong and numerous . let no man say , christian religion , and their priviledges were not yet established , for they were : constantine the great , and his successors established them , and daily added to their immunities . and now , judge your selves , beloved , whether you were better beleeve the scriptures , and the fathers , then some yong teachers , and schismatical divines crept up but yesterday , and never durst appeare in old england till now ; and now they doe appeare , they dare not dispute verbis , but verberibus , and god first or last will give them their belly full . certainely if our brethren were not wilfully blinde , they would joyne with us , and conclude , it is not lawfull to beare armes , or contribute to maintaine a warre against the king : they were children of belial that brought king saul no presents ; and to belial they all must ( without gods infinite mercie and their owne repentance ) who now maintaine a warre , or beare armes against king charles . and this is evident , fourthly and lastly , by those fearefull punishments and judgements , which god and man from time to time have inflicted upon rebells and traytors , even such as have borne armes , and maintained war against their kings . looke else upon those intentionall rebells , corah the clergie rebell , dathan and abiron the laie-rebells ; the one by a fire from heaven is sent into the fire of hell , the other through the earth fall into the pit of the damned : so saint basil . looke else upon that verball rebell , shimei , hee is put to an untimely and ignominious death . looke else upon those actuall rebells , achitophel a great polititian , absolon a favourite of his fathers , and of the peoples affections ; the one hangs himselfe , the other is hanged in a tree : and sheba for but blowing a seditious trumpet , for but striking up a rebellious drumme hath his head cut-off . see my beloved , see if yee can finde but one , even but one rebell , either in holy , or humane histories that ever escaped unpunished , either by the hand of god , in a troubled and perplexed conscience , or by the hand of man , in an untimely and odious death : brutus with the same hand and dagger , hee stabbed his king caesar , he kils himselfe . that seditious ring-leader of the jewes against adrian the emperour , who called himselfe ben-chobab , or filius stellae , is suddenly kild , and ever after scornfully remembred by the name of ben-c●zba , or the sonne of a lye . i have heard of a certaine commander , whose name i am not willing to remember , who often wisht he might rot , if ever he lift his hand , or drew his sword against the king ; notwithstanding he did both , and god answered his wish , hee rotted within , and dyed . a certaine lord i have likewise heard of , a great ring-leader in a rebellion , yet a great pretender to a reformation , who in his exercises of devotion would often desire god ; if the cause he took were not right , if the cause he managed were not just , he would take him away suddenly ; god heard him , and answered him , for by the shot of a musket he is killed so suddenly , that he had not so much time , as to say , god be mercifull unto me , and so without signe or symptome of repentance dyed . i need not remember you of pausanias , ariobarzanes , rodolph duke of suevia , catiline of rome , and many of england . not one of them all , nor any other that i remember , or have read of , but if he lived , he lived the scorne of honest men , and if he dyed , he dyed the shame of his friends , the mirth of his enemies , and the example of all ; god in the shamefull and fearefull punishments of them , telling us , that to beare armes , or contribute to maintaine a warre against the king is utterly unlawfull : that the people of this kingdome may no longer do it : with the church i pray , from all sedition and privy conspiracie , from this present dangerous rebellion , from all false doctrine and heresie , from hardnesse of heart , and contempt of thy word and commandement , good lord deliver us . amen . finis . notes, typically marginal, from the original text notes for div a e- questions . resol. populi . resol. s●muelis . division . ps. . mat. . . belial , what ? children of belial , how ? job . . . ● a. ● ae . act. . . pol. l. . c. . exod. . . act. . . judg. . . . sam. . . pro. . . isay . . dan. ● . . joh. . ● . rom. . . object . reg . ● answ. replie . pet. . . resol. ad antioch . q . de reg. pa. l. c . speed . l. . c. . polyd. virg. l. . smith . c. w. l. . c . fol. . ab . ps. . eccles. . . est . . . . deut. . . num. . . sam. . . . sam. a . ae . or quest . . sam. . . ps. . pet. . ad scap. a. ae . q. . ar. . fortesacut . l. . c. . object . answ. replie . resol. l. . c. . elisab . pag . brit. pag. . ps. . ●● . ae . . mediatione non rebellione : junius , borth●ius , osiander , willet : non fustibus , sed precibus : peter martyr . . revelatione , non oppositione . speciali jussu , non lege . . a populi tumultu non regis tyrannide . . verbis , non gladits ; persuasione , non insurrectione : & leprosus fuit . . usurpatrix fuit . object . sam. ● . . . . . answ. sam. . . chr. . . reg. . answ. reg. . . cro. . . answ. a. ae . eccles. . . . . pro. . rom. . . . a. ae . apol. . ad ant. imp. pag. . ad scap . apol. ad const. orat . in julian . . contr. auxent . ep. . . . in ps. . conc. . canc. . in apol. ep. l. . ep. . a. ae . hom. . euseb. l. . c. . the voice of the people for a king shewing the only way for the future settlement and peace of england, humbly presented to his excellency the lord general monck / by arise evans. evans, arise, b. . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing e ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the voice of the people for a king shewing the only way for the future settlement and peace of england, humbly presented to his excellency the lord general monck / by arise evans. evans, arise, b. . albemarle, george monck, duke of, - . [ ], p. printed for the author, london : . reproduction of original in the harvard university library. eng great britain -- politics and government -- - . a r (wing e ). civilwar no the voice of the people for a king shewing the only way for the future settlement and peace of england, humbly presented to his excellency t evans, arise d the rate of defects per , words puts this text in the d category of texts with between and defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - judith siefring sampled and proofread - judith siefring text and markup reviewed and edited - pfs batch review (qc) and xml conversion the voice of the people for a king , shewing the only way for the future settlement and peace of england . humbly presented to his excellency the lord general monck . by arise evans . when there was no king in israel , every one did what was right in his own eyes , judg. . . london , printed for the author , . to his excellency the lord general george moncke . my lord , i shall not wrap my self in a cloud of high eloquence , or be able to show your merits , i hope you are he that god hath raised , to make england again happy , yea , more happy then ever it was , which now is in a sad condition , under many miseries ; her once glorious church and kingdome , that shined in prosperity in the sight of all the world , troden under foot , parliaments-priviledges violated , the peoples liberties detained , their goods being spent through long paying excise , assesments , and such new devises to pole them , which never was known in england before , trading utterly gone , the one part of the nation being imployed to destroy and eat up the other ; and of late no visible authority ; and men kept under and kill'd for offering to shew their agrievances , and yet no visible hope of redemption , but of that which under god appears in you . many have promised well , and god gaue them golden opportunities to make themselves and the nation glorious ; but their self-ends deceived them , and they fell into contempt , because their minds was not fixed on just things to the glory of god and good of the whole nation . for the nation now are not ignorant as they were in the beginning of these times ; before they fell like adam , but having tasted of such a fruit as shewed them their nakedness , they are become wise , knowing wherein their happiness lies , ond are ready to say with israel , sam. . . notwithstanding all the perswasions of self-interest against it : nay , but there shall be a king over us ; and to speak of samuel's case , self-interest is such a thing , that not only samuel was blinded by it , but the angels also that fell : ▪ for might not samuel have seen that god promised abraham that kings ▪ should come out of him , and to jacob that kings should come out of him also , gen. . . gen. . . and that moses had said , that israel might have a king , deuter ▪ . . and how the people did what was right in their own eyes , slighting the law of god because there was no king in israel to minister justice , judg. . . and that they did then as bad as the sodamites , judg. ● , , , , , , , , , , , . i say might not samuel have known these things . i sure ; but it made against his interests for he was for a government by judges , therein lay his and his sons interest ; but israel will have a king for all samuels pleading against it , and the lord perswades samuel to barken to the people in it , so that the lord is also for a king , and a king they have for all that samuel could do ; and they lived more happy under their kings , and served god more truely then ever they did under their judges ; saul cloathed them in scarlet , and put gold upon their apparel ; and david did more , but solomon made silver at plenty as stones ; gideon the best of there judges got gold from them and made an idol of it ; and the people left the lord and iwent a whoring after it , iudg. . . but king asa upon the repetition of the judges evill times by oded the prophet and his comparing it to the time present , israel then was fallen from god , i say asa tooke courage from odeds words and put down the idols ; and he gathered judah and benjamin , and most of israel ▪ came to him and agreed with king asa , that whosoever would not seek the lord and serve him , he should be put to death , chron. . now i say it appeareth by this that kingship is best for the nations souls and bodies ; therefore god and the people will have a king ; let samuel do what he can , he shall not be able to binder it . samuel a glorious prophet saith to the people , that a king was not good for them , and useth many arguments to perswade them against kingship ; and in the conclusion saith your king will so oppresse you , that you shall cry out in that day , because of your king , and the lord will not bear you in that day ; what a strong motive is this from a prophet , yet the people will say nay , but there shall be a king over us , sam . , . what is the reason they are so wilful ? it is because they knew that samuel said all this for his own ends ▪ that his children might have the preheminence over them , and they knew that his sons were sinful , judges taking bribes and perverted judgement , sam. . . , . therefore they would not trust them with their warlike affairs for they had smarted of late days in the like case ▪ when the wicked sons of eli did rule , which lost their own lives , and the ark of god , and thirty thousand men in the field , sam. . , . sam. . and now they must go to war , for nahash king of the amonites came against them , and would not receive them to be his servants except they would suffer him to thrust out the right eye of every one of them , & lay it for a reproach upon all israel , sam ▪ . , . and samuel was old , his sons were wicked , they must needs have a king to lead them out against this proud nahash ; and you see king saul under god ordered it so that nahash lost the day , and saul was victour , but yet after this samuel was displeased with the people , and bids them tell him wherein he had wronged them , and tells them a story of the excellency of their former judges , and that they had highly sinned in asking a king , and threatneth them to the purpose ; but for all that they were for king-ship , saying to samuel who is he that saith saul shall not reign , bring him forth that we may put him to death , sam. ▪ . sam. . then seeing that samuel is angry with saul that be could not please him at all , and whatsoever saul did he found fault with it ; and he laid snares for him about the sacrifice , though indeed it seems samuel was in the fault , for he came not according to his promise ; yet he came as soon as saul had sacrificed , and then he tells him that he had broke the commandement , and that god would have another to be king , sam. . after that samuel send saul against amalek : and commanded him to do such a thing that saul could not do , and then he pronounceth judgement against saul and came no more at him , sam. . but went and anointed david to be king of israel , sam. . and after samuel died , his ghost rose from the earth to discourage saul , by telling him of his death , and of his sons death , sam. . , . here we see what power self-interest hath ever good men ; therefore he that can deny himself is higher then an angel , for lucifer fell through ambition , and that a witch had power to raise samuel is a great dishonour to him , & a terrour to me ; and showeth that self-interest is to be abhorred ; eli was free from it for he submited to the sentence of god , when it put a period to his time of prosperity , tam . . and i will now speak touching english men ; there is a book come forth , intituled , the lord general fleetwood's answer to the humble representation of col. morley , and some other late officers of the army : if he wrote it , he is a self-denying man indeed and , sheweth in that book the only way for englands happiness : he that observes the series of gods providence , may be assured that this stump-parliament which was just seven years under the band of ironsword and brass-canon ; that is , from april . . to april ▪ . i say , we may be assured that this parliament will grow to be full , consisting of king , lords and commons , as it was at first ; and then more excellent glory shall be added to it , by their setting up of christ's kingdom ; for surely the lord's decree shall stand , let self-interest-men doe what they can , god and the people shall bring it to passe ; for nebuchadnezzar's vision shall be fulfilled again , dan. ● . for he was but a type of king charls ; and this parliament promised him according to dan. . . that they should add to his majesties glory , and so they shall keep their promise and oaths made to him : god will have the first oath performed , rev. . . later oaths for self-interest shall not prevail against it therefore i say to your lordship and to the parliament , remember your vows to be true to the king , esdras . . pay your vows , ecclesiast . . . i looked upon your going to scotland as a mighty providence for the welfare of the nations ; and indeed the fulfilling of what i said should come to pass in that time ▪ for god worketh by hid wisedom so that men cannot see it when it is done , no nor for a long time after ; but when there eyes are opened by a more shining of the work , then shall they see in what time it was done . my lord , the people came before you , they dare not speak out as yet ; they have been so curbd , but you may know their mind by their miseries , i beseech you pitty them that their souls may blesse you ; else england will be distroyed ; for some old prophesies saith , that if england loose its opportunity it shall be invaded with three mighty armies raised and supplyed by all christendome ; one shall appear in the south with the queen and a great favourite of our army , another in the north under the king , and duke of york ▪ the third in ireland under henry duke of gloucester ; and before these three armies meet , english men will be so few , that the daughter shall say to the mother , o mother ! i have seen a man to day ; and london with all the towns in england will be destroyed , therefore i say again , pitty poor england , & that god may blesse you the more ; oh pitty poor decayed men that are daily cast into prisons for debs , by their cruel creditors , where they are speyled , being unable to pay , or live there , the parliament were about to take some course to help them before now ; oh move them to do it speedily ; you will have the prayers of many poor distressed souls , which in the day of battail will be a greater defence for you then your army ; ( david , psal. . . . ) so wishing your excellency all happinesse , i hoping to be in your lordships judgement a faithful servant to the publick . and your lordships servant in particular , arise evans . from the kings play-house in black-fryers , london , jan . . gentlemen , my last book printed may . sheweth you the kingdom of christ in part ; but now through christ's assistance , i shall shew you further ; and to give you a hint of what is contained in the said book , called a rule from heaven . first , ye have page . to pag. . the introduction , wherein is shewed the descent of our nation ; the noble actions of our predecessors , with their sufferings at several times for their sin ; and a view of our ancient prophesies that foretels the trouble and sufferings of our king , nobles , and royal party , with a promise of great glory to them at last , and an assurance of peace for ever . secondly , from page . to pag. . ye have the kingdom of christ shewed ; though indeed not so fully and so clear as i had done , if time had permitted : for when the combustion was among us , by the armies throwing down one government to set up another , it was in my mind suddenly afore they run into errour , and to prevent it , to shew them a better government then they knew before , even a government of christ's own institution ; and therefore i hastned and was brief , having not time enough to clear the matter . thirdly , page . ye have a threatning of our army , if that they would not suddenly stand up for this good old cause ( namely the kingdom of christ ) and set it up ; else as stout as they were , they should fall and come to nothing ; and their parliament you know , sought divers wayes their ruine since that time ; and they have been divided ; so that now they had need look upon my words , lest they repent too late , as their parliament did once , yea twice now , and knew not how to help it . fourthly , ( page . and page . ) ye have a speech to the long parliament , to tell them that notwithstanding their endeavour to set up themselves , their general should dissolve them ; and i bad them beware of jehu ; ( for so i called him : ) and though they us'd all their craft against him ; yet i said he should prevail : and i told them that the army had a design they knew not of ; and shewed them that they had no way to make themselves happy , but speedily while they had time , to make their peace with charls stuart ; and i gave them a vision i had . to assure them , if they sought it , they might have had peace ; as you see all along , if you read to the end of the said book ; i say you may discern ( if you read from page . to page . of that book ) how far those words of my penning have been fulfilled upon the army and parliament . thus ye have the contents of the said book . now it is true , that it displeaseth some of the kings party : the reason is , because they did not fully understand it ; and it is left dark in some points , because i had not time to open it . 〈◊〉 cannot abide to hear of any to be in power above 〈◊〉 king . it is true , there is none above the kin● namely charles the first . we read that israel had two kings at one time , and the weaker was above the stronger ; so that the stronger obeyed the weaker : which thing was a type of christ's kingdome ; for king david being old and weak , caused solomon to be made king long before he died : and king solomon sat on the throne , but he obeyed king david all the time : ( and is it not so with the pope and the emperor ? ) here was two kings at one time , the father and the son ; yet no striving as you see chro. . & chron. . but christs intention is that king charls which suffered shall not only reign in his seed according as our former kings did , but shall also reign above his seed , he being raised in name , spirit , and power to reign as chief , having a perfect body prepared and chosen of god for him : that personally from time to time hereafter he might be above our kings to controule them ( instead of a high constable of england ) and to be a king of kings for ever to keep the peace between the king and people . the gods of the gentiles to gratifie their worshippers would fain have done such a thing ; that is , to immortalize them and make them to have a name and power on earth for ever ; so that from iulius cesar all the emperours were called cesars for a long time ; and so the pharao's and others had such promise of their gods ▪ but alas , none of their gods were able to do it ; their gods knew such a thing was to 〈◊〉 but they knew not the way to do it , it is the 〈◊〉 of heaven , earth , and sea , even jesus christ 〈◊〉 do it , and none else . again the royal party cannot abide to hear of a poor almes-man to be king , and that he should have but two hundred a year , they thinking i would have young king charls stuart to have no more , and therein is their great mistake , for i would have young charls and his seed after him to have all that belongs to the crown ; and that he which personates old king charls should have but two hundred a year ; the reasons why he should be first a poor man , and after his installment should have no more means , is because old king charls was made poor in this world before he suffered , and most rich in faith ; having no money save a bare allowance to subsist , though he was the supream lord . therefore he that personates him ( in whom he is to live again ) must be like unto him in graces and outward state , having but smal allowance yet enough to live : for i believe old king charls was never better satisfied in this world , then he was when god took from him his temporal pomp and glory , and gave him a view by contemplation of his immortal glory in the world to come , so that i say , such a body fitted and chosen of god , and made so as he himself was made at last , is most meet for him , and is most profitable for the king his son and for the nation , to stand in the gap and stop the bloody issue , a disease that england is too much subject too . the want of this government of christ ( for so i call it in my book ) brought this kingdome many times into desolation , for when the court grew corrupt yet so insolent and prove that it thought none could or durst controul it ; then starts up one great popular earl or other that watcheth for an opportunity and under the notion of a high constable of england he heads the people , and wars against the court , so that the cure proved alwaies worse then the disease , because it was done by the sword : and as christ saith , matth. . . they that take the sword shall perish with the sword ; therefore in christs kingdome every one must observe his rule : there must be a law for the kings to walk by , as well as for the people ; and they that are weakest , lowest , and least in the worlds account ( luke . . james . ▪ cor. . . ) hath christ chosen to be the supream judges thereof , yea to personate old king charls and to be over the kings of the world as ye have it more at large set out in the abovesaid book called a rule from heaven . and there must be in christs kingdome a perfect law made for all occasion , and according to the gospel , a law that needeth not to be altered every foot , but it must be such a law as nothing shall be added to it , or taken from it ; that every one may know his rule and the punishment of his errour , and the said law must be truly and speedily executed upon the offenders , else it profiteth nothing , for so long as our law is imperfect , and that our parliaments are alwaies making and nulling laws , we shall never be quiet or come to rest according to gods promise which saith , heb. . . there is a rest for the people of god , and the lord is well pleased for his righteousnesse lands and states in rich mens hands , and they could not deny it ? but told them in a bravado they would spend in law thousands before they should get it : and the poor knowing aforehand the course of the law was content to loose their right , and it was wisdome in them so to do ; seeing their going to law will not relieve them , being sure it will make their condition worse ; what a sad thing is it for men to live under such a law , let all good just reasonable men judge , such doings are not to be in christs kingdome . again a man steals a horse , and by the laws of england he must die for it ; what reason is for that ? is a mans life for whom christ died of less value with you , then a horse or some wordly lomber which perisheth with the using ; and weighs such as set their hearts upon them down to hell ; i must tell you and that from the word of god , that all the thieves that have been put to death for only thieving ( except they were men stealers ) have been murthered , and that their blood lyeth heavily upon this nation ; and specially upon the royal family as one of the greatest cause of gods wrath against them ; i remember that one told me five and twenty years ago , that a thief being to be executed , desired before his death to have psalm . . sung , which begun thus , judge and revenge my cause o lord ; but the minister no doubt knowing that by gods law , exo. . , , , , that he ought not to have died for his theft , would not suffer him to sing that psalm ; yet alas , how sore hath god judged the thieves cause upon this nation , and specially the king and nobles , it is too evidently written in ▪ characters of blood ; and verily it is right that god should do it , for it is a great contempt against god and his law , for men to attempt and to leave gods law , and to make a bloody law for thieves , contrary to gods law ; seeing they have the law of god extant to judge thieves , what is it ? but that men would have themselves seen to be wiser then god . the law of god ( exod. . , , , . ) in the case of theft , proves that the looser , shall be no looser by by a thief , but that in case he find him with the goods in his hands ; the thief must restore it at least double , and if he hath not to pay , he is presently to be sold for his theft . but by the laws of england , a man may put a poor man into prison upon suspition , and keep him in to his undoing a quarter of a year for nothing , and the poor man can have no reliefe by law , for the wrong done to him in such a case ; again , if a man take a great thief that stole much from him and put him in prison , he shall get nothing at last but his life , a sad recompence to become a murderer , to loose his soul after his goods ; and though the true man and thief this suffer , the receivers , thieve-takers , jaylors , and the whore-houses get by it , and the prisons ; and whore-houses the nurseries of thieves , to increase and multiply them exceedingly ; now if the law of god were put in execution there would not be so many thieves . eor god saith fxod : . , , : he that smiteth his father or his mother shall be surely put to death , and he that stealeth a man and selleth him , or if he be found in his hand he shall surely be put to death , & he that curseth or revileth his father or mother shall surely be put to death ; for all wickedness floweth from disobedience to parents ; and a wicked father commonly gives good councel to his son , and will rejoyce to see him doe well : it is naturally so with all men , good or bad ; but in london and other great towns , the most part of children are very rebellious , especially poor mens children are disobedient , running away from their parents , because they see nothing but hunger at home , and that charity is cold : then the thieves takes them up , and feeds them with good victuals , telling them , that if they will forsake their parents and follow them , they will teach them a trade to get good chear ; and they will make them swear , that they will forsake their parents , and not work but steal for their living , and not confess it : and when they have tried them a while , if they find that a child hath any principle of grace remaining , so that they dare not trust him , then will they make use of him and force him upon some great design , and after sell him away to sea , lest being taken , he should confess all : in these cases , thieves are men-stealers , and by the law of god they ought to die for it ; and the children also that abuse their parents by smiting and reviling them , ought to die for it . therefore if you would have the wicked rooted out of the land , you must destroy the foresaid menstealing-thieves , and be charitable to the poor , by helping them to bring up their children in the fear of god ; and those that continue stubborn , rebelling and abusing their parents , must be made examples , that the rest may fear : and for the rest of the thieves make them to restore , according to exod. . , , , . and if they have not to satisfie the owners , let them be sold away to the merchants for their theft , and shipt suddenly whether they will or no ; for a thief hath lost his liberty to choose , and by the law of god ought to be sold away for a slave : and if they were so punished , it would terrifie and restrain them more then hanging ; for a thief will rather chuse to die , then be so bound to work ; it 's their nature to be so minded always . all the thieves may be divided into three sorts : first , the covetous thief , that hath enough , yet will steal to encrease his riches ; he is worthy to make a five-fold restitution . ly , there is a thief that will not work , but makes a trade of stealing , yet lays up little or nothing ; make him restore double : or in case he hath not to doe it , he must be sold . thirdly , there is a thief that is not able to work , or that would work and can get none , nor any relief , is forced to steal or starve ; i know no reason why he should suffer , but that ye should say to him , as juda said to tamar , gen. . . thou hast been more righteous then we , because thou wast not relieved thou didst steal ; and you ought to make restitution for him , and put him in a way to live that his soul may blesse you . and put no thieves in prison , but as soon as they are taken , judge them ; and so clear the innocent , and make the guilty to restore , or sell him away to sea speedily : and this every justice of the peace may doe immediately ; for the lord saith , isa. . . that the people are spoiled in prison-houses ; there they learn all villany , and are made ten times worse then they were when they came in ; for judgement must be spedily executed because delays encourageth men to do evil , eccles. . . and you see ( lev. . , , , . , . num. . , , , , . ) israel at first put none in prison , but those offenders they had not a law in readiness ; e to judge them ; and as soon as god by moses gave them a precept for it , it was immediately executed . now to conclude ; if you severely ( according to god's law , exod. . , , . ) punish disobedient children and men-stealers , it will produce these three effects following . first , it will make parents careful and diligent to save their children by bringing them up always in fear , and not cocker them up in wantonness , and suffer them to be bold and impudent with them ; but to fear and reverence them , lest they should come to suffer for it . secondly , it would make children tremble and give respect to their parents , when they see the law thus executed upon disobedient children . thirdly , it will make such as draw children away from their obedience to their parents , to tremble ( least they should come under the verge of men-stealers ) when they see how seveerly men-stealers are punished with death . another great defect in the english law , is this , a man commits an offence , and not onely he , but also his innocent children must suffer for it ; when as god to the contrary , ( saith ezek. . . ) that the son shall not bear the iniquity of his father ; for example , sir george booth and the cheshire gentry is supposed to have committed treason , but to be sure if their statebe sequestred ( as many was upon the like score ) their innocent families are robbed , fot is it not sufficient , that if they have committed a crime that they only in their own person suffer for it , and not to have their innocent families ruinated also by it . in king james his time , when i was a boy , a neighbour of ours being then the constable , made bold to steal some sheep ▪ and kill them to spare his own , yet though he was constable who thought by vertue of his office to carry it out unquestionable , he was brought in for a thief , all his goods taken for the king ; his innocent children turn'd out to beg their bread , and the owners of the sheep , had nothing except a share of the curse from the poor children . but see how god since by way of retaliation met with king james and his seed for such things , they also were turned out of all to seek their bread ▪ if king james had maintained the law of god , the thief might have made restitution to the owner of the sheep , and left him enough for his children ; and the kings seed been blessed , and not come to such dishonour and want as they did since that time ; though men regard not god nor his law , yet they may behold his works here , and be sure of his truth , that saith vengance is mine i will repay , rom. ● . . and now to speak something in the matter of tiths , which many are offended at , and willingly would pay none . first i need not prove it lawful to take tyth , for we see it was paid before the law , gen. . . and all along under the law , none can deny it ; and after the law our saviour christ , mat. . . luk. . . presseth the payment of tyth as a duty that ought to be done . therefore since the church of christ came to any maturity and power to command tythes hath been paid all along to this our time . but now in my judgement tything is not rightly done ; for in the beginning abraham had got a good booty , gen. . . and he paid tythes of it once and no more , heb. . . jacob also having then nothing but his staff , gen. . . voweth to god , saying , of all that thou givest me , i will surely give the tenth unto thee ▪ it is not meant to tyth all he hath every year , but to tyth all his stock once , and then to tyth all the increase of his stock yearly ; but if his stock do not increase but decrease , or is at a stand , between both , there is no more tythes to be required of such an one ; for saith he , of all that thou givest me , i will surely give the tenth unto thee . and therefore moses saith , deut. . . thou shalt truely tyth all the increase of thy seed ; and st. paul saith , cor : . . let every one of you lay by him in store , as god hath prospered him ; that is , every one of the church of corinth , truely must lay in store , ( against st. paul came ) the tenth of his increase , and no more ; for he that groweth poor ought to have a share of the tyth , rather then pay it as you see , deut. . , . but our teachers will have the tenth from a man , whether he prospereth or not prospereth , whether he increase or decrease so long as he hath any thing , they will have the tenth until at last drawing him dry year by year ; they take all from him under the notion of tyths and send him a begging and to state the case aright ; suppose i were now a rich man entring into my affairs in the world , and being worth a thousand pound , i give a hundred of it to the minister for his tyth ; and i take a farm of a hundred pound a year , and i lay out all the rest of my money to stock that land , i keeping a great family and paying my rent can hardly keep my stock whole , till the years end ; what reason hath any minister to come to me any more for tyths ? i paid once and my state is not encreased ; why should i give the tenth of my corn or of my sheep to him , since i do not encrease ; because the land is not mine ? ought he not rather and more equal get the tenth part of the rent from the landlord ? for if he forceth tyth from me year by year , i not thriving , he will in time get all my stock ; and how is that just in the minister , who should teach men to be just in their dealing one towards another ? again ' , there is a tradesman that takes a great house , and lives at a high rate , only upon his credit , and at the years end making his account , is more in debt then he is worth by half ; yet this man goes on in his way , and must pay the minister more then his neighbour that is in a thriving way and worth thousands : yea , there are some that lodgeth in such poor mens houses that are worth thousands a year in lands ▪ who besides in the way of merchandise get sometime a thousand a year clear gain ; and why do not the ministers get tyth of such men ? therefore i say the true way of tything is this ; for every young man to observe , when he beginneth to be for himself , he that hath a portion to begin the world , let him give the tenth part thereof to god , that is for the minister and the poor ; and if it please god to bless him and he encrease in wealth , let him make his account once a year , & as god is pleased to add to his stock ( whether by wares or merchandise , or cattle , or by the death of friends , or any way else whatsoever , ) let him tyth the addition or encrease of his stock year by year so long as he liveth upon earth : and he that hath nothing at first , if god send him an estate , let him doe the like ; and that is his way to get more of god . as for example , a man at the beginning is worth a hundred pound , he pays ten pound tyth ; next year he is worth two hundred pound , he pays eleven pound tyth ; the third year , he is worth four hundred pound , he pays twenty one pound two shillings tyth ; the fourth year his stock doth not encrease a peny , then he pays no tyth ; for why ? he gave the tenth of all he had already : but the fifth year his stock encreaseth two hundred pounds , then he payeth twenty pound tyth ; and so forward payes the tenth of his encrease yearly , according as he truly valueth his estate ; for he must doe it between god and himself ; and this men should doe , not by constraint , but voluntary in obedience to god that requireth it ; and in hope that he will not only pour riches upon them , but will also rebuke the devourer , who is ready ( if god permit him ) to take all creature comforts from them , as once he did from job , malac. . , , , , , , job . from verse the . to the end ; so much of tythes . touching the ministers of our time , the prophet isaiah hits them home , for their greedinesse after their tyth , and their ignorance in tything , as also in other things belonging to these times ; and therefore he sets up a ministery of eunuchs , isa. . , . in the house of the lord ; because saith he , all these ministers devour : and lest they should loose their tyth , they will wink at all faults , and consent to any sin in governours , & that makes the holy prophet to brand them saying , isa. ● . . , . all ye beasts of the field come to devour ye all the beasts in the forrest : his watchmen are blind , they are all ignorant ; they are all dumb dogs , they cannot bark : sleeping , lying down , loving to slumber ; yea , they are greedy dogs which can never have enough ; and they are shepherds that cannot understand : they all look to their own way , every one for his gain ( or tyths ) from his quarter . origen one of the most famous ancient fathers of the church , for this cause would have none to be ministers but ennuches , and he himself would , and had his privy members taken from him upon that account ; yet the church then did not approve of his judgement in that point ; what arguments or reasons he used for it at that time , i know not ; i am sure there is , much more might now be spoken in it : for beside scripture & reason , time and woful experience doth evince it ; so that we may confesse it to be an impregnable truth . for scripture you see our saviour christ in his time would have eunuches to be his ministers , if men could receive it upon that account , mat. . . for if none were admitted or esteemed to be a minister of the word and sacrament , but such as enter in at such strait gate , luk. . . i beleive we should not have had such heaps or swarms of teachers , or preachers as we had of late , tim. . . but should have had a pure sort of preacher , that had rather die then turn ; as ministers have done in these times ; for we believe in reason , that he which hath laid away his privy members from him for the truth sake , is most likest if need require to lay down his life , for the truth sake ; for that qualification worketh a glorious change in nature , so that i may say , if it were possible to gold lucifer the grand divel , it would bring to the true obedience of god , to have a saving faith and to become a holy angel again . as for example , behold the difference between the ox and the bull , the ox is meek , gentle , and quiet , the bull hot , furious , and quarrelsome , sometime for no cause but his humour , he roareth and teareth the ground with his feet and hornes , and if there be stacks of wheat , or cocks of hay or any such thing nigh him , he will spend his fury in scattering them about ; and think it is his glory that nothing can stand before him , & so is the stone horse , bore , ram , cock , or any stoned creature , proud , furious , and of a quarrelsome nature , but being gelded they become of a clean contrary nature , so that i say as i said before , gelding is so virtual , that it would change the devil in nature ; and make him a holy angel ▪ as good as he was when he was created ▪ here you see a man may argue much for eunuches ministers ▪ from the different nature of beasts , and bring many reasons bac'kt with scripture to maintain it ▪ for david in the person of christ saith , psal. . many bulls have compassed me , he doth not tearm them ( priests , mat. . , . oxen for the ox knoweth his owner , esa. . . and those priests had they been eunuches should have known christ ; therefore their stony proud hearts was their ruine and destruction ; and now i will shew you what time hath manifested in this point . first it is clear that the apostles in their time allowed priests to marry , yet with some restriction , for whereas then laymen might have two or three wives , the priest must have but one , and after as the church grew & was stablished in power , the priests striving one with another for means , and preferment sets all in a bloody war ; then the parish priest turn as ours do now ; turn this way or that way , any way to keep their means because of their wives and children after the wars is ended ; the church seeing the cause of their misery to be the married priest , and that such would soon let the church sink , rather then suffer the least to save it ; made a decree that no married men should be priests , and the church had rest a thousand years . then hus , luther , calvin , with many more covetous stone priests doth quarrel , and will have wives contrary to their vows , & divide christendom putting it into a bloody war ; making a great rent in the church , ( which had they been eunuches , they would not have done it ) & we english take part with them , and excluding the old romish church , set up a church of our own moulding with married priests ; and no sooner was it ●et up , but some of our priests having not preserment , and means enough to satisfie their greedy minds , under pretence of shewing a more holy way , quarrels with the church ; so that all those priests whose greedy bellies are not satisfied get together , consults , ( and being called puritans , ) resolve to preach against the decent ceremonies of the church , taking any sleight occasion to quarrel , and holding forth any whimsie , that would work upon the people , and stirring them up for their own advantage ; and this they did in a more cunning way then can be declared , until they brought it to a bloody cruel war , and overthrew the church by force of tumults that knew not what they did ; in assisting a few members to overthrow the legality of the whole parliament in . the said priests then preaching , that oaths was not obligary , damn themselves and the whole nation in perjury , murders , and theft , beyond all heathenish infidels , that they now stink in the sight of all nations ; thus they preaching rebellion get upmost : yet being not the ministers of christ , none would obey them , neither could they settle any thing , but were forced to come down again , to say any thing to keep in , and turn like weather-cocks , or base slaves to the several humors of their several governours and masters ; so that if the divel would come , they would deny god , and preach him for a piece of bread or the tyth ; and their wives and children is the main cause of this evil : for if the priests were single , they would not be so greedy and covetous ; and they would stand to the death for the church , as we see the priests of rome doe : but the romish entrance to the ministry , is too broad a way , which was and is the cause that their church is subject to miscarry , as i shewed before . but some men will say , why then did ▪ paul , tim. . . give toleration for priests to marry ? i answer , because of the hardness of mens hearts did he then suffer priests to marry ; for if he had said none shall be priests but eunuchs ; or that he had said , priests shall not be married to women , but live a single life , the church then being in its infancy , should have fallen for want of ministers ; for who then would have been a minister upon that account ? alas ! you see how the disciples fall away from christ for a less occasion , john . . but from the beginning of the creation it was not so ; for god had ordained eunuches to be his ministers ; and when those orders of eunuchs , called the sons of god , gen. . . broke their order , and would no more part with their privy members , but take wives and are become worldings like other lay-men ; for whom it is lawful so to doe . then evil encreased so , that god repents that he had made man , and drown'd the whole world , except noah , a righteous person that foresaw it , and was saved by obeying gods command , gen. . and the prophet isaiah understanding this , invites the order of eunuches to the house of god again to be his ministers , isa. . , . and christ himself also doth invite them , matth. . . and that in matth. . , , . luke . , , , . it was not because the lay-men did marry , and give in marriage , eat , drink , plant , build , which things are for lay-men to doe ; but for ministers , it is unlawful and destructive for themselves and nation , to build , plant , and to exceed in eating and drinking , or to be worldly given ; for why ? they ought to be true eunuches only for god's service , as the oxe is , which minds not to propagate his own seed , but his masters seed . now the protestant priest will say , i have the scripture for my warrant to marry ; saith the romish priest , i am sure thy marrying will be thy ruin : thou hadst best come to me again : saith origen the the eunuch priest , ye are both in the way to damnation ; for your gates is wide , but enter in at the strait gate as i did ; take your unruly member away from you , and then you come into me : i am sure we shall not have too many priests , and we shall be peaceable , we shall care only for god & his church , we shall leaven the world with our meekness which we nor they could not obtain , while we had stones to move us to a cholerick nature ; we shall be as useful for to feed mens souls as the oxen is for their bodies . and you shall find that the strivings and quarrels of their priests have been the cause of all the civil wars in the world ; for the priests war will at length prove a national quarrel : and the reason why the priests quarrel , is , because there is too many of them ; every one of them will be a priest for lucres sake , and he that is truly called of god will not refuse it : if he cannot have it without he came in as aforesaid , it 's the only way to try their calling whether it be of god : or not of god and god saith , that he will give priests after his own mind ; and those must be eunuches . kings found eunuches to be the most fittest for their presence and service as you may read in the scripture , and yet in forraign countries kings have them ; and what a glorious fine godly man was that eunuch of great authority under candace queen of the ethiopians who as he was riding in his chariot was reading the scripture : and how sweet was his nature , that as soon as philip showeth to him jesus christ , he presently believeth and is baptized , act. . from v. . to the end , but contrarily , how stubborn against christ the priests were , you see through out the gospel , and what mischief then and all along they did to their nation ; one levite priest for his wife or whores sake , ( for she was but his concubine ) sets all israel to fight one against the other ; that it was gods mercy to them , they were not all consumed that bout , judg. . let this suffice now for this matter . now to conclude , . the general ( as i said before ) being a single person must give us a law ; and he must frame it by scripture rule , and so the people of roome gave advice , when the king of england ( after his conversion ) sent to the pope to know by what law he should govern , the pope answered him , saying you have the old and new testament make you a law agreable to that . . the general must be one that knoweth all the cases in the nation usually tryed by law ; for moses was learned in all the wisdome of the egyptians , act. . . he knew all their laws and controversies , and so doth the master of the rolls ; our general know all the controversies of this nation , that is the man to give law . there must be a king to execute the said law , else it will do no good , for notwithstanding the israelites had a good law , they did not regard it ; when there was no king in israel every one did what was right in his own eyes , judg. . . and if you read from hence judg. . to the end of that book , you shall see what evil they did ; ye , as bad as sodom , judg. . , , , , , , . and what wars was among them for it , judg. . and the reason is because they had no king , and the said reason is cited three times to shew us the reason and truth of it , judg. . , . and . . and . therefore it was time for israel to ask a king ; and i speak it with reverence , when the people asked a king , it touched samuels self interest , and he looked upon it as a great affront ; therefore he is displeased ( because the people now would cast him out to have a king in his place ) and speaks bitter things to the people ; yet you see the peoples case was good , for his sons who were made judges , ( whom he thought should reign ) carried themselves base , took bribes , and perverted judgement , and the lord justifies the people and bids him hear them ; and the lord by arguments perswadeth samuel to be patient and not lay it so to heart ; yet self interest is so sweet , that the good prophet for all that , labours to perswade the people not to have a king , until they were at last so resolute , that they refuse to hear samuel , and said , nay , but there shall be a king over us . finis . by the king, his majesties gratious offer of pardon to the rebells now in armes against him, under the command of robert earle of essex england and wales. sovereign ( - : charles i) this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing c ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing c estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) by the king, his majesties gratious offer of pardon to the rebells now in armes against him, under the command of robert earle of essex england and wales. sovereign ( - : charles i) charles i, king of england, - . broadside. by leonard lichfield ..., printed at oxford : . "given at our court at oxford, this eighteenth day of aprill in the nineteenth yeare of our reigne. god save the king." reproduction of original in the bodleian library. eng great britain -- history -- civil war, - . great britain -- politics and government -- - . a r (wing c ). civilwar no by the king, his majesties gratious offer of pardon to the rebells now in armes against him, under the command of robert earle of essex england and wales. sovereign a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - john pas sampled and proofread - john pas text and markup reviewed and edited - pfs batch review (qc) and xml conversion by the king . ❧ his majesties gratious offer of pardon to the rebells now in armes against him ; under the command of robert earle of essex . whereas an actuall and open rebellion is raised , and severall armies marching against us , under the command and conduct of robert earle of essex , and other persons under his commissions and authority , who falsly pretend that what they doe is by virtue of our authority , and for our service and so seduce many of our weak subjects from their duty and allegiance into this horrid and odious rebellion against us . we doe therefore once more declare the said robert earle of essex , and all such who by any commission under him have levied or doe command any souldiers , to be guilty of high treason , and that this rebellion is raised to take away our life from us , to destroy our posterity , to change the blessed protestant religion established by the lawes of the land , to suppresse the law of the kingdom , to take away the liberty of the subject , and to subject both to an unlimited arbitrary power . and we doe therefore will and command all our loving subjects , upon their allegiance , and their oaths of allegiance and supremacy , that they apprehend the said earle of essex , and all such who , by virtue of any commission under him , have levied or doe now command any souldiers in any places of this kingdome , as guilty of high treason . and whereas we understand that , at this time , the said robert earle of essex , and some other commanders who have equall or independent authority from him , doe traiterously lay seige to , and intend to assault our towne of reading , we , considering that the most part of those commanders and souldiers are seduced by specious pretexts above said , have , out of our princely grace and clemency , thought fit , and doe hereby declare , that we are pleased to grant our free and generall pardon as well to all captaines and inferior officers ( not formerly excepted in any of our declarations or proclamations ) as to all common souldiers now before our towne of reading , or elsewhere , as to persons seduced by the cunning and falshood of the authors of the present rebellion : if such captains , inferior officers and souldiers shall disband within six daies after the publishing of this our proclamation , so as they commit no hostile act in the mean while . and we doe farther declare , that such officers as aforesaid , as shall returne to their due obedience to us , and render themselves to the lieutenant-generall , or other principall officer of our army , or to the governor of that our towne of reading , and be willing to serve us , shall be entertained in our army , or , if they be not willing to serve , shall have our pardon and free passe , provided they take an oath never to take up armes against us . and that such common souldiers as shall lay downe their armes , according to this our proclamation , shall also receive our like gratious pardon , and be entertained in our service , if they shall be willing ; or otherwise , taking the aforesaid oath , have five shillings in mony given them , and a passe to carry them to their dwellings . but in case that our gratious mercy to them produce not those good effects we hope for , such extremity of punishment they are to expect , as the highnesse of so treasonable an act in its own nature deserves . given at our court at oxford , the eighteenth day of aprill in the ninteenth yeare of our reigne . god save the king . printed at oxford by leonard lichfield , printer to the university . . the anarchie or the blessed reformation since . being a new caroll wherein the people expresse their thankes and pray for the reformers. to be said or sung of all the well affected of the kingdome of england and dominion of wales, before they eate any plumbroth at christmasse. to a rare new tune. jordan, thomas, ?- ? this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing j a thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) the anarchie or the blessed reformation since . being a new caroll wherein the people expresse their thankes and pray for the reformers. to be said or sung of all the well affected of the kingdome of england and dominion of wales, before they eate any plumbroth at christmasse. to a rare new tune. jordan, thomas, ?- ? sheet ([ ] p.) s.n, [london : ] attributed to thomas jordan. satiric verse - "now that thanks to the powers below,". the words "or .. ." and "being .. reformers." are bracketed together in title. at end: it is desired that the knights and burgesses would take especiall care to send downe full numbers hereof, to their respective counties and burroughs, for which they have served apprentiship, that all the people may rejoyce as one man, for their freedome. imprint from wing. annotation on thomason copy: "jan. th ". reproduction of the original in the british library. eng political satire, english -- early works to . political ballads and songs -- england -- th century. great britain -- politics and government -- - -- humor -- early works to . great britain -- religion -- th century -- humor -- early works to . a r (thomason .f. [ ]). civilwar no the anarchie, or the blessed reformation since . being a new caroll wherein the people expresse their thankes and pray for the reformers jordan, thomas a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion the anarchie , or the blest reformation since . being a new song , wherein the people expresse their thankes and pray for the reformers . to be said or sung of all the well affected of the kingdome of england , and dominion of wales , before they eate any plumbroth at christmasse . to a rare new tune . now that thankes to the powers below , we have e'ne done out our doe , the miter is downe , and so is the crowne and with them the coronet too ; come clownes and come boyes , come hober de hoyes , come females of each degree , stretch your throats , bring in your votes , and make good the anarchy . and thus it shall goe sayes alice , nay thus it shall goe sayes amy ; nay thus it shall goe sayes taffie i trow , nay thus it shall goe sayes jamy . ah but the truth good people all , the truth is such a thing , for it wou'd undoe , both church and state too , and cut the throat of our king , yet not the spirit , nor the new light , can make this point so cleare , but thou must bring out , thou deified rout what thing this truth is and where . speak abraham , speak kester , speak iudith , speak hester ; speak tag and rag , short coat and long , truth 's the spell made us rebell , and murder and plunder ding dong . sure i have the truth sayes numph , nay i ha' the truth sayes clemme ; nay i ha' the truth sayes reverend ruth , nay i ha' the truth sayes nem. well let the truth be where it will , we 're sure all else is ours , yet these divisions in our religions , may chance abate our powers ; then let 's agree on some one way , it skills not much how true , take pryn and his clubs , or say and his tubs , or any sect old or new ; the devils i th' pack , if choyce you can lack , we 're fourescore religions strong , take your choyce , the major voyce shall carry it right or wrong : then wee le be of this sayes megg , nay wee le be of that sayes tibb , nay wee le be of all sayes pityfull paul , nay wee le be of none sayes gibb . neighbours and friends pray one word more , there 's something yet behind , and wise though you be , you doe not well see in which doore sits the winde ; as for religion to speake right and in the houses sense , the matter 's all one to have any or none , if 't were not for the pretence ; but herein doth lurke the key of the worke , even to dispose of the crowne , dexterously and as may be for your behoofe in our owne . then le ts ha' king charles sayes george , nay le ts have his son sayes hugh , nay then le ts ha' none sayes jabbering ione , nay le ts be all kings sayes prue . oh we shall have ( if we go on in plunder , excise , and blood ) but few folke and poore to domineere ore , and that will not be so good : then le ts resolve on some new way , some new and happy course , the countrys growne sad , the city horne mad , and both houses are worse . the synod hath writ , the generall hath — and both to like purpose too , religion , lawes , the truth , the cause are talk't of , but nothing we doe . come come shal's ha peace sayes nell , no no but we won't sayes madge , but i say we will sayes firy fac'd phill , we will and we won't sayes hodge . thus from the rout who can expect ought but division ; since unity doth with monarcie , begin and end in one ; if then when all is thought their owne , and lyes at their behest , these popular pates reap nought but debates from that many round-headed beast . come royalists then , doe you play the men , and cavaliers give the word , now le ts see at what you would be , and whether you can accord ; a health to king charles sayes tom , up with it sayes raphe like a man , god blesse him sayes doll , and raise him sayes moll , and send him his owne sayes nan . now for those prudent things that fit without end , and to none , and their committees that townes and cities fill with confusion ; for the bold troopes of sectaries , the scots and their partakers ; our new brittish states , col burges and his mates , the covenant and its makers , for all these wee le pray , and in such a way , as if it might granted be , iack and gill , mat and will , and all the world would agree . a pox take them all sayes besse , and a plague too sayes margery , the devill sayes dick , and his dam too sayes nick , amen and amen say i. it is desired that the knights and burgesses would take especiall care to send downe full numbers hereof , to their respective counties and burroughs , for which they have served apprentiship , that all the people may rejoyce as one man for their freedome . jan : th finis . die lunæ februarii whereas the lords in parliament assembled, did upon the first of this instant february order, that a declaration should be printed and published, ... england and wales. parliament. house of lords. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) die lunæ februarii whereas the lords in parliament assembled, did upon the first of this instant february order, that a declaration should be printed and published, ... england and wales. parliament. house of lords. sheet ([ ] p.) printed for john wright at the kings head in the old bayley, london : . [i.e. ] title from heading and first lines of text. an order of the lords desiring obedience to an ordinance of february respecting the appointment of commissioners for compounding with delinquents. order to print signed: joh. brown cler. parliamentorum. reproduction of the original in the british library. eng england and wales. -- parliament. -- committee for sequestration of delinquents' estates -- early works to . great britain -- history -- civil war, - -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no die lunæ februarii . whereas the lords in parliament assembled, did upon the first of this instant february order, that a declaration england and wales. parliament. c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - john pas sampled and proofread - john pas text and markup reviewed and edited - pfs batch review (qc) and xml conversion die lunae februarii . whereas the lords in parliament assembled , did upon the first of this instant february order ▪ that a declaration should be printed and published , wherein amongst other things it was declared , that the committees of the severall counties of england and dominion of wales , ought not to obey any order for the taking off or suspending any sequestrations untill a committee or commissioners for that purpose should be setled by ordidinance of parliament : and whereas since that time there is an ordinance past upon the sixth of this instant february , giving power to certaine lords and commons members of parliament , with some others therein named , to be commissioners to sit at goldsmiths hall for compounding with delinquents , and to act according to severall ordinances or orders made before the date of the said ordinance by both or either of the houses of parliament concerning the committee at goldsmiths hall : and that the said commissioners should have power to suspend the sequestration of such delinquents as should compound with the said commissioners : and that such suspentions as have beene already made by the committee at goldsmiths hall should stand good . now the said lords in parliament assembled ( for the preventing any scruple that may arise by reason of the said declaration ) doe ( upon the settlement made in this businesse , as aforesaid , by both houses ) thinke fit to declare , that the committees in the severall counties , and all others whom it may concerne , doe give obedience to the said ordinance and every part thereof . ordered by the lords assembled in parliament , that this declaration shall be printed and published ; and that the sheriffes or their vnder-sheriffes shall take care to carry downe severall printed copies of this declaration ; and that they be delivered unto the severall committees for sequestrations within the counties of the kingdome of england and dominion of wales , who are to take notice hereof accordingly . joh. brown cler. parliamentorum . london printed for john wright at the kings head in the old bayley . . confusion confounded: or, a firm way of settlement settled and confirmed. wherein is considered the reasons of the resignation of the late parlament, and the establishment of a lord protector. hall, john, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing h a thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) confusion confounded: or, a firm way of settlement settled and confirmed. wherein is considered the reasons of the resignation of the late parlament, and the establishment of a lord protector. hall, john, - . [ ], , [ ] p. printed by henry hills, and are to be sold at his house at the sign of sir john old-castle in py-corner, london, : . attributed to john hall. title page printed as d . annotation on thomason copy: "jan. . "; the in the imprint date has been crossed out. reproduction of the original in the british library. eng great britain -- history -- commonwealth and protectorate, - -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason e _ ). civilwar no confusion confounded: or, a firm way of settlement settled and confirmed.: wherein is considered the reasons of the resignation of the late hall, john b the rate of defects per , words puts this text in the b category of texts with fewer than defects per , words. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion confusion confounded : or , a firm way of settlement settled and confirmed . wherein is considered the reasons of the resignation of the late parlament , and the establishment of a lord protector . qui [ augustus ] cuncta discordiis civilibus fessa , nomine principis sub imperium accepit . tacit. london , printed by henry hills , and are to be sold at his house at the sign of sir john old-castle in py-corner , . considerations upon the resignation of the late parlament , and establishing of the present form of government by a lord protector &c. the former parlament , as it was the birth of abundance of pangs and throws of state , so it sat down in such a time , and was guided by such a spirit , and encountred such accidents , that it was easie to foresee that providence had designed them to somewhat extraordinary ; and indeed it proved no otherwise , for the secession of the king brought them upon extremity of counsel , and in the management of the unhappy war , there wanted not either prudence or animosity , which god was pleased to smile on with happy success , and giving in the strength of the nation into their hands , to put them also in a capacity of setling our liberty upon so right a foundation , that it should not easily again be shaken . but as it happens in all things humane , to be corruptible , so it fell out in this great body , ( and all governments may well be said to be artificial men ) that though it rose as a gyant in the morning , and ran its race swiftly before noon , yet sitting long after , it grew chatharrick and lazy , nay diseased and troublesome . hence had it so many gripings in its own bowels , two or three phlebotomies were ineffectual , and the last extremity and refuge was taken , which caused at length the dissolution of this assembly , which if you will either consider for the strange mutations within it self , the grand enterprises that it happily undertook , the wonderful alterations it hath brought in these nations , ( not to mention what influences it may have over all europe ) a man may truly say it was one of the most famous , fortunate , wise assemblies , amidst so many difficulties and perplexities , as ever was . their dissolution as it afforded much reason of thought to the speculative , regret to those related to that power , and a kind of a bitter joy to the remnant of the malignant party , so it proceeded from such reasons as might certainly in the safety and reason of state justifie the action . for indeed though god was pleased to own their counsels , so far as to produce many glorious events from them , yet their power at length like a standing water growing corrupt ▪ and they declining from their primitive vigour and purity , and withall growing distasteful to the people , who began to perceive with regret that they were unwilling to deliver up their powers , as they had declared , and was expected , there was an inevitable necessity of doing somewhat for the publick safety . adde to this , that the bill which they had prepared , was circumstantiated so as gave but very little hopes of bettering the people by that provision , and the greatness of liberty that was left in election , could assure us of nothing else but hot confusion , and a desperate revival of oppressed factions . but these things were upon that occasion more fully handled by several pens , who sufficiently cleared the necessity and justice of that great alteration , which as it necessarily brought the power immediately into the hands of the lord general and the army , ( in whom it was effectively before ) so it put them to a considerable debate whither the exercise of this power should be transferred . they saw that the people ( things so standing ) were absolutely uncapable of that power which was naturally theirs , and that it had been but to put a sword into a mad-mans hand . they were not willing to change the form of a commonwealth which they had bought with so much blood , and therefore after the fullest debate , it was resolved to dispose the power into the hands of such sufficient men , and that for a time , as might with godliness , honesty and ability , discharge the supreme trust , heal the distempers of the nation , amend the errors of their predecessors , and settle the peace of the nation upon such a base as should not be shaken . this number of men meeting together , and being commissionated from the lord general , after a great many ( si famae creditur ) inconsiderable debates , voted themselves a parliament , and so declared themselves , and began to act accordingly . but it was soon seen that those great expectations that brought them thither would prove abortive : for division , which is the murtheress of councils , appeared very briskly in their very dawn , and there was a party headed , whom nothing could please , but the wildest and most extravagant devastations possible . the main pretence was religion , or according to their odd and fanatick notions , the setting up of the kingdome of jesus christ , a consideration which , though it found acceptation with some grave and sober inquirers , yet must needs be of so different a nature from that which is expected from these men , that there cannot be two things more disagreeing . to say nothing , that they not agreeing in the grounds of the notion , or the wanner of it , would certainly in their consequences arrive at the greatest asustacies , that it were impossible for the christian magistrate to support his sword in the midst of such confusion ; not to mention that such notions as these , proceeding from ill made brains , and disturbed fancies , strongly tinctured with an hypocondriack melancholy , not bringing any assurance out of the word , or any other sign that they proceed from the spirit of light , if they become once magisterial , oblige us to quit our discourse , our natural reason , our experiences drawn even from common sense , the means god hath ordained to direct us in civil matters , and to follow those wills-with-wisps , or ignes fatui of revelation and pretended spirit . from hence i believe it rose ( though i cannot but conceive abundance of consciencious and discreet men joined with them upon other grounds ) that they voted none capable of place , who was not godly , a word of that latitude , that it signifies all things to all men , different religions having brought men into such a high distemper , that men do now accustome themselves to reckon it according to what themselves judge and opinion , not according to the conversation and practice of another ; so it was easily perceivable , that those gentlemen that were so forward in it , were not without design to seclude such other as were not of their cloath . but if we consider this a little more strictly , we shall find that it was neither politick , nor indeed rational . not politick , since all states of the world choose such ministers as are the most fit , though many times of different perswasions , provided alwaies they had not some outward scandal , and were qualified with such abilities as became their employments . for it is not every raw and untutored head that is fit to serve in the affairs of a state ; nay in ordinary business of life , when we want any thing necessary , we resort not to any tradesmen , for that they are of such or such an opinion , or so or so more pragmatical than their neighbours , but we go where we may find things more convenient and cheap for our purpose . not rational , since it forces the partyes suing to a strange piece of immodest hypocrisy , to desire a man to certify of their godliness when it may be their own hearts sting them and tell them the contrary ; and ingage the party certifying to a strange presumption , to give testimony of a mans heart , which is the seat and root of godliness , and of a mans actions ( and that positively , whereas all laws do onely admit testimonies of that nature , negatively ) whereas many of the most horrid crimes may be committed in the dark , and t is the nature of guilt to avoid as much as she can the eyes of men . but we shall have occasion to speak more of this hereafter , and that upon occasion of a subject that relates more to it . this consideration was of such importance and influence , that it seeemed the matrix of many other consultations , which were very eccentrical to the publick welfare . the law was looked on as a noisome ruinous building , not capable of repair or alteration , but fit to be pulled down to the very ground . propriety was struck at , nay which is matter of sad wonder , upon the account of jesus christ , the ministry was to be demolished &c. all which gathering strength and heat in debate , as the stirring of the wind increases the fire , it came to such a pass , that without a wild confusion and devastation , such counsels were not permitted to proceed . and therefore since they were ready to pull down the very rafters of our peace and liberty , and seemed not much to care what they set up in stead thereof , those members whom greater sobriety and prudence restrained within such due limits as became sober patriots , thought it not fit to mingle any more with them , but rather to resign the power into the hands from whence they had received it , and by such retirement elude such wild and pernicious counsels . therefore when they had upon saturday decem. . before , past a vote , which struck at the very root of the ministry , they raised not small apprehensions , that the consequences thereof might have proved very pernicious . now the business , to put the reader in mind , stood thus . the committee for tythes after a long debate agreed upon a report of several branches , which they presented to the house , the first whereof was , that several commissioners should ride through the nation , in six circuits , and joining with other commissioners in the several counties , should eject all prophane , scandalous , or insufficient ministers , and place able and fit men in their rooms . this because it intended to uphold the ministry , and that all was not to be laid wast , and the poor souls be either forced against their light , to deny their ordination , or else with their wives and families be forced to poverty and famine , so that in a little time we should not have seen the face of christianity among us , past in the negative , which with other circumstances occasioned so much trouble , as we have mentioned before , to the wisest and ablest men , that they the monday after declared the incapacity in which they were in to accomplish those great ends for which they were brought together , and therefore they were resolved to return their powers , which with a joint consent of the major part , arising with the speaker , without any force or compulsion they did , & so repairing to white-hall , they resigned their authority into the hands that gave it . there were indeed a small number ( under . which was the quorum ) who indeed had the zeal , resolution or indiscretion ( i cannot tell well what to call it ) to remain in the house , and refused to depart . what their ends of staying there were i know not , they pretended it was to seek the lord , others , that looked neerer into their actions than they had a mind to be seen , say it was to raise up a faction , for otherwise they would not have taken it so ill , that col. goff should desire them to be gone , for why should they not depart when their assemblie was by resignation , dissolved since they were but a degree above a conventicle , and that place famous for the entertainment of so many venerable assemblies , was not so fit for them as mr. 〈◊〉 house , where most of their maginations were formed and shaped ? now because what we have said is general , and in manner meerly narrative , we shall descend to those particulars which the author of the narrative quotes from the mouth of an honourable member , as his reasons for resigning , as also take a view of the glosses the narrator puts upon them , with this remark at the first , that all interests are taken in , but the despised ones of christ , which ought not to be let pass , in regard that this pretence is fundamental with them , and therefore would be a little shaken . how precious every soul is to christ that by faith and true repentance lays hold of him , all must needs imagine that know what he became and suffered for us ; now to become christs is to become humble , patient , meek , long-suffering , not to ingage in vain wrangling and abstruse theories , which the soul only gnaws upon , not feeds on , or hot bickering about opinions , either new or indifferent ●● the essence of religion , but in a hearty love and acquiescence of our saviour , a stedfast endeavour to do good to all men , practise integrity in our vocations , and a due submission to the higher powers . whosoever practise otherwise , though they prophesy , though they speak with the tongues of men and angels , they cannot be said to be of christ . now for these men that boast themselves so much of this glorious title ( a title that assures all peace here , and felicity hereafter ) though it were grand uncharity for to say they had not absolute reason to pretend so much to that precious cognizance , in regard there may be many good and pious souls among them purely misled , yet that their waies ought not to be closed with , and that they seem not person fit to be trusted with the reigns of any government , and that very probably they build upon the sands , may partly appear out of these following particulars . . that strange principle of theirs in insisting for a liberty of conscience for themselves , and yet by this liberty of conscience understanding and endeavouring such a one as will not leave any other perswasion but themselves to their own freedome . this may evidently appear by their common discourses at black fryers , by their pulling down of antichrist , forms , orders , ordinances of man , and setting up the kingdome of christ , which is in plain terms the plucking up of all ecclesiastical and civil policy , saying all waste that they might enter and devour at pleasure ; and it is to be supposed that these men that have so much hardiesse as to make enmity and detestation to all kind of forms , if they could depose them , must needs set up their own , which being such a tohu yahbohu , what an advantagious alteration it would be , it is easy for any man to judge . . for those chymaerical discourses of the fift monarchy , that they as saints should inherit the earth ; that the kingdome of christ should be set up , and all earthly power be broken to pieces like a potters vessel , is such a tenent , as cannot consist with the very being of a civil magistrate . but as it makes them tyrants , oppressors , robbers , &c. so it gives a fair pretence & colour to any tumult whatsoever , when the ulcer is grown ripe enough and fit to break . the passages at munster are too known to need here particular mention , we shall only note this , that as they are extremely passionate after novelties and curiosities , so being of the shortest sight , and the coarsest tast , they the soonest embrace them be they never so ill-favoured , but especially matters of religion , which though false , yet aided with a little imposture , carry a certain dazling awe and splendour with them , that the people who are easily fired with harangues even in common businesses , enflamed once in matters of religion , break out like a violent conflagration and destroy all before them , but especially , how dangerous it may be not only to the magistrate , but the very peace and being of a people , when these principles , not only simply oblige their consciences , to enjoy their own opinion , though it were to undergo persecution , but their consciences enforce them to seek after tyranny and domination over the other , as an effect , reward or privilege of their belief . . though by their own axioms they quit the use of reason , which is the natural light of the world , set up in a mans mind , yet they make themselves infallible and peremptory , and consequen●ly impose an observance upon whatever they say , be it never so infirm , or unsolid ; which how destructive it would be not only to all discourse , but order life , is too evident to be demonstrated . hence come these strange speeches of hearing the word of the lord , of visions , of the lord speaking within them , &c. when many times notwithstanding their pretences , the things they utter seem to abhor from common sense . . their common hate and detestation to the persons of all men of other belief , excluding them not only from all places of trust and honour , but as much as in them lies from the very benefits of life , which what a sweet and christian meekness it shews , is apparent ; so that it is easy to judge what reason they have to cry out for the pulling down of antichrist , since nothing in the world can be more antichristian than to force the consciences and beings of other men under their own sway and domination . . by drawing all politick debates into matter of conscience , that is confounding them with matters of divinity , they not only raise up an insupportable ▪ tyranny upon all experience and good induction , but by this means necessarily hedge in all business to them and their partizans , for they will tell you he is only fit to judge or rule that hath the spirit , and they will only judge him to have the spirit , who is a sure assertor of their faction , and upon the next turn , you will have , that every civil debate shall be turned into a religious , the statute book ( the long experience and caution of our wise ancestors ) shall be thrown out of doors , and men shall come into a senate to consult of politick emergencies with bibles in their hands ; not but that i esteem the reading of that inestimable book , but that i believe god left it with us , rather to teach us the way to heaven , than for any instruction of government to particular common-wealths , which differing in form and temper from judaea , can never be fashioned to those customes , government being only sacred as government , not in concreto , as this or that government . this is a small part of what might have been observed of them ever since their first rise ; but because my business concerns only the latter actions of some men , and it is a topick of another profession , and that i could not attend those admirable lectures at blacks friers , nor get any perfect account thereof , and for that i would be loath to deliver here any thing i doubted , for certain , i shall at the present dismiss it , saying onely this , that ambitious and seditious men never think they spread their nets fairlyer than when their pretences are very high and promising , and yet they themselves pretend to be sufferers in the attempt . hence it is , the narrator calls them the despised ones of christ . we have touched at a few reasons why these despised ones of christ , ( as they call themselves ) were not , nor ought not to be taken in , and yet that the despisers of christ were taken , which the narrator so positively denies , we shall have occasion to insist on in its proper place . for his exclusive instances , that they were not taken in , these gentlemen would be acquainted , that every re-publick , that is to say , the supreme power in any government , ought in all judgements and rewards to be blind and inflexible , not onely in deciding matters between man and man , but also in returning to its own immediate subjects or officers such dues or claims as they are justly engaged for , and this with the same easiness that a private man would do that is able , or should otherwise be compelled unto it . for bring once a distrust between the commonwealth and the people , ( and distrusts in these cases are occasioned by non-performance of promises ) you at once enfeeble their hands , and make their purses , unless it be by compulsion , unserviceable to you ; whereas a gentle way of imposition , performance of promises , or equal gratification , makes every private counter a part of the publick treasury . and indeed this is a duty incumbent upon every commonwealth , whose main interest is meerly to do justice ; for though her spleen by this means may not swell so mightily , yet the whole body is in better health , fitter for exercise and a longer life . and certain it is , that god almighty seems to bless moral justice in several nations with large felicity and duration . this thought st. austine once had about the continuation of rome , and whether it also may not take with the turks at this day , is too nice for my scrutiny . secondly , if the commonwealth ought to be so rigorous to its self in discharging it self not onely to foreiners of all compacts and debts , how much more tender ought it to be in preserving to its own subjects that which is justly theirs ? for whether it be as was said of old , that man was naturally sociable , or as a learned modern hath said , that he is compelled into society meerly for the advantages and necessities of life , certain it is , that admit any man without protection of what he at preseut enjoies , ( unless it come to be determined by law , which is but the regulation of the force of a country ) and either his next or strongest neighbour , if not punishable , shall dispossess him , and consequently there shall be nothing but warr and confusion in that place . now if men in the state of nature find propriety a thing so sacred , so useful , what shall we think of commonwealths , whose great design it is to better men , that is to say , to lead them to that civil happiness jointly , which they could not arrive at singly ? how ought they to be careful in this point ? for it the wisest states have been so careful , that even in taxes ( which are necessary to be paied for the due preservation of the whole ) such a due modetation hath been used , as that no more should issue out of the purse of the subject than should meerly conduce to that end ; and rome it self , after the conquest of perseus by paulus aemilius , out of the treasury then gotten freed the people for many years , as not thinking fit the publick should command a private purse without eminent necessity and danger ; it holds à fortiori , that taking away particular proprieties is matter of more injustice and unsafety in a politique body . thirdly , how unfitting is it for a common wealth , without any consideration or other provision at all , to dispossess any persons of their particular lively-hood , whether it be by office or profession , and that without any provision at all made for the setting up somewhat else in the stead thereof , or to say better , reforming of the old ? certainly a mans office or profession , ( provided alwayes it consists with the publick welfare , and be not oppressive to the people ) is as much propriety as any other whatsoever . having promised thus much , i shall now descend to the particular instances of the narrator , which when we have perused , we shall confront with somewhat necessary to be mentioned about the late change . as to the souldiery , whose pay they would have stopt , by hindring the passing of the bill for assessments , the narrator saies it was moved indeed ( nay it was highly urged ) in order to the abatement of the tax , and in regard of their great estates and little hazard and pains , that the chief officers would serve the commonwealth freely as the parliament did . but that this was a meer design to disunite the army , and break them in pieces , and make them odious to the people by free-quarter , may easily appear by their endeavours and discourses of changing commanders in the army , or to say more properly , advancing men of their own principles , which how dangerous it is to the very being of the three nations , cannot but be acknowledged , when it is considered what a number of enemies we have to deal with , and that our protection under god lies in their hands , which by this means would be weakned . but as it happens in all civil debate , that sly and ambitious factions discover not the main at first , but endeavour to creep in by insinuations and plausible pretences , so these people would under the pretence of inequality of taxes absolutely stop the bill , whereas reformation ( if any such needed ) might be made in convenient time , and the souldier not be forced at the present to starve , plunder , or disband . as to what they object , of the small pains , and great estates gotten by commanders , ( though some have not gotten so great estates as they might have done , as may be instanced , were it without offence ) it seems they are very apt to forget the hazards and toyles that these men have undergone for that pay , and that even in the midst of their perils and action how little they received or pursed , and now when the lord hath honoured them with triumphs , they must in a manner be laid aside , and debarred of their pay , which hath put on ( a man would think ) the nature of a reward now , rather than an entertainment . some shadow of reason indeed there had been for this motion , if they had trifled and delayed a warr as is commonly seen beyond seas , and was at first practised by their predecessors here in england , the better to salve their own avarice , and to keep their employments a foot . but they behaved themselves otherwise , their courages surmounted the difficulties and rigours of the coldest winters , and in midst of the bitterest frosts and sharpest tempests they were seen , besieging , skirmishing , pursuing and doing all those actions which might be expected in a campagne , so that their victories were thick , and the fury of the warres in our bowels soon blown over . their memorable things in scotland and ireland are such , as they have done more than our monarchs could do in many centuries of years , and yet these men , after all these merits , notwithstanding their pay at the present is reduced to the lowest it reasonably can , and holds no proportion with the rates established abroad , that which remains must be taken from them ; but it seems the gentlemen that made that objection concerning their great estates , did not look upon that part of the wallet which hanged behind their backs , for rhere were many members there , who had estates very different from what they had had . years since , and not a few of them had either one or more offices that might well amount to the pay of a collonel . but these men that are moles when they are to consider themselves , see as sharp as eagles when they come to survey others . but perhaps they may have somewhat of the nature of the cockatrice , and coming to be made see their own visages , abhorre them and burst . we have seen how well the narrator hath acquitted himself of the first particular , we shall come now to his second , which is the taking up of the cavaliers interest in the case of sir john stowel , which is very disingenuously and maliciously interpreted to be a complyance with that party . for sir johns part , though he were an eager , and severe pursuer of the kings interest , yet if we shall look upon his sinnes and torments , they will not be found very disproportionable . he hath been several times brought to the bar for his life , and he lay many years in prison , he hath lost the profit of a very fair estate for many years together , though he were comprized in the articles of exceter , ( upon which the high court of justice would not take away his life ) and ought to have been permitted to compound , which he did also endeavour , but could never obtain . certainly there were some ahabs at that time , that had a mind to his vineyard , for otherwise he could never have found such strange and dishonourable opposition . nay even at last , when the court of articles whom the parliament made in a manner judges of themselves ( as to relieve in particular cases , where there might be occasion by the rigour of some general act ) after hearing the full and large debate of the whole matter , adjudged him within the benefit of the said articles , the same party in the house prevailed to suspend the proceedings of that court . but that parlament dissolving , and the court proceeding according to their duty , the late parlament made an act to confirm their purchases , and that out of a very strange reason , viz. that the former parlament had ordered a stop , and they did it but to quiet the possession to a sort of godly purchasers , whereas they should have bethought themselves , that if the former parlament had done an act of injustice , it was their duty and profession to reverse it , not to confirm it . nor indeed can a parlament , though a supreme unlimitted court , enact any thing against right reason , or common justice , but it is ipso facto void , they being trusted with the peoples safety , not with their ruin . nor is that restitution in specie or value any thing ; for what justice can there be to take away an estate due unto a man , and give him another not half so good and commodious , or not half so much worth ? justice is rigorous and extreme , and will be fully satisfied , or else she is not satisfied at all ; and though in her punishments she may sometimes turn to injury , yet in distribution she loves to be full and exact . there can be doubtless no one thing makes either a better way for conquest in winning a people , not for securing of it by preserving their affections , nothing that makes a commander more honourable , more assures and secretly blesses the souldier , than a faithful and an inviolate keeping of promise with an enemy . this is it indeed that gives reputation to armies , & makes them flourish , while the hearts of the others tremble . this is that indeed , which as it is the ligament of humane amity , so it is the bridle and restraint of their enmity , lest it turn into rage and bestiality . this all nations , from the most civil , to the most barbarous , have with all religion observed ; judgements and plagues upon the breach of it are frequent in all history , and yet we that profess the high principles of christianity , must do things , no body knows why , which most turks would scorn and detest . if states will be awanting to perform the faith of their armies , they must either expect to be served by faithless men , ( for what honest man will promise that which he shall not be in some hopes to perform ? ) or else breed scorn and despair in their enemies , who having men accounted false to deal with , will account it their greatest safety to expect none at their hands , and thence choose rather to endure desperate and obstinate sieges , which how dangerous and fatal they have been to many thriving warres , cannot and need not be here exemplified . thirdly , for the removall of the chancery , and total alteration of the law , &c. whether this were not ground enough ( had there been none else ) may be judged from a short consideration of the nature of our laws ( as they now stand ) and a due remembrance of what happiness and security our predecessors enjoyed under them . the law of england ( as it now stands ) is either statute law , common law , or custome , statute law is but the edict of the supreme magistrate , commanding or forbidding this or that thing ; this relates either to the government of the state in general , preventing or redressing particular crimes , or making such due redresses , as cannot be made by the ordinary constitution of government . the common law is recta ratio , in the determination of justum between parties , holy and inviolable as the laws of nature and reason , and though running in a municipal chanel , yet as old and venerable as reason it self , which it is , onely reduced to practice , and as unalterable , since reason , under never so many shapes , is still the same ; though in some circumstances and proceedings there may be just cause of alteration . custome is the particular usage in such a liberty , place or manner , different , not contrary from either , subordinate to both ; how these men may contemplate a better establishment , is a matter which as yet i see not any search satisfied with , and till they produce a better , i shall acquiesce in not raising objections against what i see not how i can rationally object . but under this law ( the forms whereof have altered according to the constitutions of the several governments ) have we flourished ever since we have been a people , and some men of greater abilities and leisure have so amply made it appear , as well to its constitution , use and end , that i shall not interpose with those excellent men , but refer to their own mouths . now since it is the weakness , or incapacity of men , that they can provide no law against all emergences and contingences , and that the wickedness of humane nature is too subtil for the most cautious and severest preventive justice , there will follow a necessity in case of frauds , concealments , surprises , cheats , and the other effects of vulgar wickedness , to appeal to the conscience of the commonwealth . hence is it , that in several particular cases there is occasion of relief , yet such , as by onely mitigating the rigour of the positive law , may relieve the subject , without making a general law , for otherwise , laws would become innumerable . and if we complain of the number of laws at present , and those made upon general resultances , we should certainly find them insufferable , if they once came to be formed out of particular cases . now this conscience of the commonwealth ( as i may call it ) being as it were deposited with the great seal in the chancery , is not onely that which relieves and benefits the severity and rigour of the common law , but is indeed the womb of all our laws and proceedings . which must necessarily stop and suspend , upon the taking away of that high court . not but in the practice of the court ( which being a court of equity , cannot be so strictly bound up as the common law ) there may happen very many delaies and foul practices ; but it is a very great error in men to argue from the abuse of a thing , against the being and constitution of the thing it self ; as if a man ought to be murthered , because he hath a disease , and should be put out of pain . but the constitution of the court , ( though somewhat as to excess of fees , and corruption of practice might be remedied ) is such , as without an invaluable damage to the greatest part of the subjects , cannot be altered , and some of late have so largely and particularly considered , that i shall say no more of it in this place . for the profession or the law , however it now become to be looked a squint at , yet it is that which hath been , not onely highly reverenced by our own ancestors , but was the common road of advancement and honour in greece and rome . and if we observe , in this nation the professors of it have found gods blessing very eminently fall down upon them . how many great and noble families are there that flourish to this day , nay very few of them , as hath been observed by a great man , have dyed without children or intestate ? nor indeed wants there not some reason of it ; for being commonly the choicest men , culled out of the gentry , brought up under the best education , ariving at the capacity of their profession , with long time , study , charge and experience , 't is no wonder , if becoming the ablest men for the service of their country , wealth and advancement wait on them ; and what an equitable thing it is , for to dispoyl a man of his profession , when he hath spent his portion or fortune ( the study of the law being so chargeable and so tedious , for i dare say , it costs most men l . before they receive s. ) and what a discouragement it will be to all worthy education , may be judged by any man , that calls his sense and reason , not his humour , into counsel . fourthly , the fourth is about matters of presentations , which that party had voted a way from their proprietors . this the sober party of the house , not unjustly apprehended to be a dangerous assault upon propriety it self , and therefore gave it as one of their inducements of resigning their power . this saies the narrator , takes in the corrupt gentry , and is a fair bait for persons of all sorts . we have said before how much it concerns the common-wealth as a party to do justice to all men , not onely by satisfying her own engagements , but in preserving to every man what he is already possessed of . now if advowsons be not matter of right , i know not what is , and if he to whom justice is to be done be not to be looked upon whether he be good or bad , honest or corrupt , but whether his claim to such or such a thing be equitable or no , i see no reason , why the gentry , for being suggested onely to be corrupt , should be deprived of that which is so justly theirs . t is true indeed , that as was prudently profered , it were not amiss to set up some way , where by there might be a scrutiny made into the qualities and fitness of the persons presented , but instead of an accidental inconvenience , to run upon a positive and absolute mischief , is me thinks but a strange way of caution . for suppose presentations of private persons were taken away , either the church doors must be shut up , or else it must devolve into some higher power , which is more inconvenient than the former . for men of business set at distance cannot so particularly look into the lives and humours of men , but receiving only some slender certificates , or the report of some trivial examination , pass it for the most part , ( pro forma ) upon him who hath the first intelligence , the best horse , or surest friends . whereas men of the country have neerer occasions of trial and inspection , and for the most part , even for their own interest , choose the ablest men , which the others cannot be so careful of , or are not so much concerned in . i rather mention this , for that it hath been observed by a grave person , that even the universities , between whom by the statute of jac. the presentations of all papists are divided , present for the most part very hastily and unadvisedly , without either considering their own right , or the value of the person ; nay not seldome , preferre the most ignorant and dronish fellows on purpose to be rid of them . but this was but a limb of the main design , and here they dealt like the fox in the fable , that first desired to put his foot in , that he might indeed afterwards bring in his head and his whole body . for if the right of presentations had once been taken away , the next business we should have heard on , would have been impropriations , then all other tythes , and after that consequently the ministry , and for ought any man knows , private estates ; how dangerous these men are , may by this easily be seen , and what fine conclusion will follow such propositions of theirs if they were but suffered to run on . so that the narrator hath little reason to say , that this is to take in the corrupt gentry , and that t is a bait for all sorts , when , as we said before , t is a preventive piece of justice , and persons of all sorts indeed may come in time to be miserably concerned in consultations so heady and dangerous . for the business of tythes , which have gained this post , had been the next they had taken , though i cannot for my part vote with them who say they are jure divino , yet as to the jus humanum , and the propriety of them , that great ornament of our nation , mr. selden , some years since , and some learned gentlement of the long robe , who had occasion to argue it before a committe for that purpose , have so demonstrated , that he must either be very unintelligent or pervicatious , that remains unsatisfied . and therefore what a confusion it would bring to divest proprietors of what was legally their either by discent or purchase , and how it is more antichristian to pay tythes , when once established by law , than to pay a fee-farm , i see not , and what a present way it were to silence the whole ministry a short experience would teach . nor is it less strange that designs aiming at so much confussion should be so cunningly and orderly laid . fiftly , for the vote of the ministers , which we have touched at before , it is that which they seemed most to stand on . that it was thought a way to establish a national parochial ministry , consisting of popish names of parsons , vicars and curates , and also that oppressive burden of tythes , that it looked rather like making up a breach in the kingdome of anti-christ , than pulling it down . by this you clearly see , first , that all form of ministry is here damned as antichristian . secondly , upon these grounds , the ministry must be dissolved . thirdly , here is a breach m●de for all men , never so unfit or uncapable , to undertake that great and weighty work ; for if they pretend but to be anointed for the work of the ministry , ( the narrator bringing no touch-stone ) they must be received . fourthly , there will arise innumerable contradiction , quarrels without end , and religion shall perish by her own divisions . for my part , as i hold conscience too sacred a part , ( being as a man may say , deputy-judge within us ) to receive any force , so , in some particular truths , when they are violently apparent , it cannot without repugnancy and reluctancy disobey ; nor do i know any that neerer concerns her , than obedience to the civil magistrate , in matters purely civil . now whereas there are two calls to the ministry , the call and touch of the spirit within , and the admission from without , though it cannot be said that every man of the second qualification is of the first , yet in regard that mens faiths are seen by their works and lives , and that for orders sake , the abilities of every man for imployment should be examined , it is but necessary and convenient , that there should be an outward and visible way of calling and admitting unto the ministry . for uniformity , ( which in the main , though not in circumstantials , ought as neer as could be to be preserved ) hereby stands not in so much danger , and peace and discipline the better flourish . not that any man will say , a man is the more a minister for the imposition of hands , but that it is meerly a civil sanction and admission for orders sake . and therefore , it is a wonder , why these men should scruple so much at these names of parsons , vicars and curats , when they are imposed meetly by the municipal laws of the country , and relate not to the person , but to the maintenance of the man , all these three being one minister severally endowed . if this design could have come to pass , the good men of the universities might have shut up their study-doors , and have gone to plow , for the next business we should have heard of , should have been , the words master , warden , principal , president , provosts , &c. had been also antichristian , and the universities , as part of that kingdome , be pulled down , learning which is the root of civility rooted up from amongst , and gotthish barbarism and tyranny suffered to over-master us , and all this under that horrible pretence of that pure divine and ineffable spirit to which men would entitle their own particular humours and imaginations , a course so horrid in it self that i cannot but shrink at it , so uncertain that there is no relyance on it , so dangerous , that it may introduce all confusion that mankind is capable of . not but that i believe that god to his beloved ones frequently sheds the rayes of that heavenly sun , but then they work sweetly and strongly and in order , and bring forth effects quite contrary to those as must necessarily follow such pretensions as we have touched at , these being onely mutual flames between god and the soul , whereas in civil things , he leaves us to circumstances , sense , experience , and the judgement of our reason . for that which the narrator professes of the sincerity of their hearts , and the building up of sion , i have not much to say , if by sion , he mean the fift monarchy which we have mentioned before ; and for the sincerity of a mans intentions , when his actions must needs centre clearly contrary , is a business that i understand not . nor can i much agree with him in his last observation , that the difference never began to appear so effectually in the house , as it did upon seeking the lord , and bringing bibles in their hands . what their intentions were i know not , and for the business it self shall not much dispute it , but only say thus much , that if these were pretensions the better to carry on their designs , and to engage some of the more inconsiderate , there was hypocrisie enough in it ; if they were really intended , it seemed they were answered but with very unlikely returns ; what or whether any members were convinced by such means or no , i cannot tell , nor list to enquire . for since they are reduced to their first matter , i am very willing to shake hands with them and bid them farewel . they being thus dissolved , and consequently the commonwealth left without tuition , the power being absolutely and visibly in the army , and the condition of the nation being such , as that it was neither timely nor convenient to call a parliament , it was moved to the lord general both by several good men , interested in the nation , and officers of the army , to assume the protection of the three nations . this burden for the good of them was he willing to undertake , hath received and may it prosper . so that now the government is established in a lord protector and triennial parliaments , as may appear by a form of government , &c. and will in all probability with the mercy of god , conduce to the establishment of the quiet and prosperity of this people . but because some men may be unsatisfied with the present constitution , and either out of spleen and ignorance make objections against it , i shall before i take leave of the reader , fix onely a remark or two ; for to say all things , and answer all objections , must be the work of a volume and a pen more able . let us then consider how impolitick and dangerous a thing it is for to have a supreme legislative power alwayes sitting , and exercising it self . for such great assemblies , like high medicines , should be used very seldome , or but upon great extremity , otherwise they lose not onely their vertue and vigour ; but grow dangerous and contemptible . besides , assemblies of this nature are only to make laws , not to execute them , for being unlimited , they are not so fit to judge as inferiour courts ; nor is it reason to take away without evident necessity from any man , the benefit of the laws already established . it is to be added , that the ends of their calling being principally two , the making of laws , and imposition of taxes , it is impossible to imagine any nation can be so constantly and perpetually vicious or ill-setled , as to need a perpetual making of laws , or so wealthy as to be able continually to be cajol'd into taxes . neither is it impossible , that men coming to know one another , may make factions ; nay , do many exorbitancies to keep their power in exercise . the government of a nation may without force or noise be ealy transferred from hand to hand , and the publick peace still preserved , whereas if the force of a nation come once to be divided within it self , there follows no small danger , if not absolute ruin to the whole . and therefore 't is more prudence in any citizen to comply with such changes and variations , than by endeavouring the re-establishment of the old , or setting up of a third to tear the body of the nation in pieces , by interesting the sword in such dangerous divisions . and if a swallow fall not to the ground without the will of the great jehovah , we may well say , that the mutations of commonwealths ( which are of so vast and large concernment to mankind ) must have much more of his particular will in it , which when he declares by visible successes , revolutions above the reach of man , and the effects which could not have been produced by any humane power , it were a strange stubborness not to comply with them , since , as his will is secret to himself , and above the search of man , so his power is such , that he , who is in his hands , as clay in the hands of the potter , is not able to stand before him . for he said very truly that uttered this , in se spuit , qui spuit adversus olympum . finis . an old mould to cast new lawes by compiled by the honourable sir thomas smith, knight, doctor of both lawes, and one of the principall secretaries unto two most worthy princes, king edward & queen elizabeth ; reprinted out of the common-wealth of england by a friend to old bookes and an enemy to new opinions ; together with king james his declaration to both houses at white-hall, of the kings power in the parliament of scotland in making lawes, march , . common-wealth of england. selections. smith, thomas, sir, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing s ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing s estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) an old mould to cast new lawes by compiled by the honourable sir thomas smith, knight, doctor of both lawes, and one of the principall secretaries unto two most worthy princes, king edward & queen elizabeth ; reprinted out of the common-wealth of england by a friend to old bookes and an enemy to new opinions ; together with king james his declaration to both houses at white-hall, of the kings power in the parliament of scotland in making lawes, march , . common-wealth of england. selections. smith, thomas, sir, - . james i, king of england, - . [ ], p. s.n.], [oxford? : m. dc. xliii [ ] reproduction of original in the cambridge university library. eng england and wales. -- parliament. great britain -- politics and government -- - . a r (wing s ). civilwar no an old mould to cast new lawes by; compiled by the honourable sir thomas smith knight, doctor of both lawes, and one of the principall secre smith, thomas, sir a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - judith siefring sampled and proofread - judith siefring text and markup reviewed and edited - pfs batch review (qc) and xml conversion an old mould to cast new lawes by ; compiled by the honourable sir thomas smith knight , doctor of both lawes , and one of the principall secretaries unto two most worthy princes , king edward , & queen elizabeth . reprinted out of the common-wealth of england , by a friend to old bookes , and an enimy to new opinions . together , with king james his declaration to both houses at white-hall , of the kings power in the parliament of scotland in making lawes . march . . remember the dayes of old , consider the years of many generations ; ask thy father , and he will shew thee , thy elders and they will tell thee . deut. . . vir bonus est quis ? answer is made , qui consulta patrum , qui leges juraque servat . printed , m.dc.xliii . of the parliament , and the authority thereof . the most high and absolute power of the realme of england consisteth in the parliament . for as in warre where the king himselfe in person , the nobility , the rest of the gentility and the yeomanry are , is the force and power of england : so in peace and consultation where the prince is to give life , and the last and highest commandement : the barrony or the nobility for the higher : the knights , esquires , gentlemen and commons for the lower part of the common-wealth , the bishops for the clergy be present to advertise , consult , and shew what is good and necessary for the common-wealth , and to consult together , and upon mature deliberation every bill or law being thrice read and disputed upon in either house , the other two parts , first each a part , and after the prince himselfe in presence of both the partyes doth consent unto , & alloweth . that is the prince's and the whole realmes deed : whereupon justly no man can complain , but must accommodate himselfe to find it good and obey it . that which is done by this consent is called firme , stable , and sanctum , and is taken for law . the parliament abrogateth old lawes , maketh new , giveth order for things past , and for things hereafter to be followed , changeth rights and possessions of private men , legitimateth bastards , establisheth formes of religion , altereth waights and measures , giveth forme of succession to the crown , defineth of doubtfull rights , whereof is no law already made , appoynteth subsidies , tailes , taxes and impositions , giveth most free pardons & absolutions , restoreth in blood & name , as the highest court , condemneth or absolveth them whom the prince will put to that tryall . and to be short , all that ever the people of rome might doe , either in centuriatis comitiis or tributis , the same may be done by the parliament of england , which representeth and hath the power of the whole realme , both the head and the body . for every english man is intended to be there present , either in person , or by procuration , or atturney of what preheminence , state , dignity or quality soever he be , from the prince ( be he king or queen ) to the lowest person of england . and the consent of the parliament is taken to be every mans consent . the iudges in parliament are the king or queens majesty , the lords temporall and spirituall , the commons presented by the knights and burgesses of every shire and burrough town . these all , or the greatest part of them , and that with the consent of the prince for the time being must agree to the making of lawes . the officers in parliament are the speakers , two clarkes , the one for the higher house , the other for the lower , and committees . the speaker is he that doth commend and preferre the bills exhibited into the parliament , and is the mouth of the parliament . he is commonly appoynted by the king or queen , though accepted by the assent of the house . the clarkes are the keepers of the parliament rolles and records , and of the statutes made , and have the custody of the private statutes not printed . the committees are such as either the lords in the higher house , or burgesses in the lower house , doe chuse to frame the lawes upon such billes as are agreed upon , and afterward to be ratified by the same houses . of the forme of holding the parliament . the prince sendeth forth his rescripts or writs to every duke , marquesse , baron , and every other lord temporall or spirituall , who hath voyce in the parliament , to be at his great councell of parliament such a day ( the space from the date of the writ is cōmonly at the least . dayes ) he sendeth also writs to the sheriffes of every shire , to admonish the whole shire to chuse two knights of the parliament in the name of the shire , to heare , and reason , and to give their advice and consent in the name of the shire , and to be present at that day : likewise to every citty and towne , which of ancient time hath been wont to find burgesses of the parliament , so to make election that they may be present at the first day of the parliament . the knights of the shire be chosen by all the gentlemen and yeomen of the shire , present at the day assigned for the election 〈◊〉 voyce of any absent can be counted for none . yeomen i call here ( as before ) that may dispend at the least s . of yearly rent of free land of his own . these meeting at one day , the two who have the more of their voyces , be chosen knights of the shire for that parliament : likewise by the plurality of the voyces of the cittizens & burgesses , be the burgesses elected . the first day of the parliament the prince and all the lords in their robes of parliament doe meet in the higher house , where after prayers made , they that be present are written , and they that be absent upon sicknesse , or some other reasonable cause , ( which the prince will allow ) doe constitute under their hand and seale , some one of these who be present , as their procurer , or atturney , to give voyce for them , so that by presence or atturney and proxy they be all there , all the princes and barons , and all arch-bishops and bishops , and ( when abbots were ) so many abbots as had voyce in parliament . the place where the assembly is , is richly tapessed and hanged , a princely and royall throne as appertaineth to a king , set in the midst of the higher place thereof . next under the prince sitteth the chancellor , who is the voyce and orator of the prince . on the one side of that house or chamber , sitteth the arch-bishops & bishops each in his ranke ; on the other side the dukes and barons . in the midst thereof upon woolsacks sit the iudges of the realme , the master of the rolles , and the secretaries of state . but these that sit on the woolsacks have no voyce in the house , but only sit there to answer their knowledge in the law , when they be askt if any doubt arise among the lords . the secretaries doe answer of such letters or things passed in councell whereof they have the custody and knowledge , and this is called the vpper house , whose consent and dissent is given by each man severally , and by himselfe , first for himselfe , and then severally for as many as he hath letters and proxies , when it cometh to the question , saying only content or not content , without farther reasoning or replying . in this mean time the knights of the shires , and burgesses of the parliament ( for so they are called that have voyce in parliament , and are chosen as i have said before to the number betwixt three and foure hundred ) are called by such as it pleaseth the prince to appoynt , into an open great house or chamber by name , to which they answer : and declaring for what shire or town they answer , then they are willed to choose an able and discreet man , to be as it were the mouth of them all , and to speak for , and in the name of them , and to present him so chosen by them to the prince : which done they comming all with him to the barre , which is at the nether end of the upper house , there he first prayseth the prince , then maketh his excuse of inability , and prayeth the prince that he would command the commons to choose another . the chancellor in the princes name doth so much declare him able , as he did declare himselfe unable , and thanketh the commons for choosing so wise discreet and eloquent a man , and willeth them to goe and consult of lawes for the common-wealth . then the speaker maketh certain requests to the prince in the name of the commons , first , that his majesty would be content , that they may use and injoy all their liberties & priviledges that the commons house was wont to injoy . secondly , that they may frankly and freely say their minds in disputing of such matters as may come in question , and that without offence to his majesty . thirdly , if any should chance of that lower house to offend , or not to doe or say as should become him , or if any should offend any of them being called to that his majesties highnesse court , that they themselves ( according to the ancient custome ) might have the punishment of them . and fourthly , that if there came any doubt whereupon they shall desire to have the advice , or conference with his majesty , or with any of the lords , that they might doe it ; all which he promiseth in the commons names , that they shall not abuse , but have such regard , as most faithfull , true , and loving subjects ought to have to their prince . the chancellor answereth in the princes name as appertaineth . and this is all that is done for one day , and sometimes for two . besides the chancellor , there is one in the upper house , who is called the clarke of the parliament , who readeth the bills . for all that commeth in consultation either in the upper house , or in the neather house , is put in writing first in paper , which being once read he that will , riseth up , and speaketh with it or against it , and so one after another so long as they shall thinke good : that done , they go to another , & so to another bill . after it hath been once or twice read , and doth appeare that it is somewhat liked as reasonable , with such amendment in words and peradventure some sentences , as by disputation seemeth to be amended , in the upper house the chancellor asketh , if they will have it ingrossed , that is to say , put into parchment : which done ; & read the third time , and that eft-soones , if any be disposed to objected , disputed againe among them , the chancellor asketh if they will go to the question ; and if they agree to go to the question , then he saith , here is such a law , or act concerning such a matter , which hath been thrice read here in this house , are ye content that it be enacted or no ? if the not contents be more , then the bill is dashed , that is to say , the law is annihilated , and goeth no farther . if the contents be the more , then the clarke writeth underneath : soit baille aux commons . and so when they see time , they send such bills as they have approved , by two or three of those which doe sit on the wool-sacks to the commons , who asking licence , and comming into the house with due reverence , saith to the speaker : maister speaker , my lords of the upper house , have passed among them , and thinke good that there should be enacted by parliament such an act , & such an act , and so readeth the titles of that act or acts. they pray you to consider of them , & shew them your advise ; which done , they go their way . they being gone , and the doore againe being shut , the speaker rehearseth to the house what they said . and if they be not busie disputing at the time in another bill , he asketh them straight way , if they will have that bill , or ( if there be moe ) one of them . in like manner in the lower house , the speaker sitting in a seat or chayre for that purpose , somewhat higher , that he may see , and be seene of them all , hath before him in a lower seat his clarke , who readeth such bills as be first propounded in the lower house , or be sent down from the lords . for in that point each house hath equall authority to propound what they thinke meet , either for the abrogating of some law made before , or for making of a new . all bills be thrice in three divers dayes read , and disputed upon before they come to question . in the disputing is a marvailous good order used in the lower house . he that standeth up bare-headed , is understanded that he will speake to the bill . if more stand up , who that is first judged to arise , is first heard , though the one doe praise the law , the other disswade it , yet there is no alteration . for every man speaketh as to the speaker , not as one to another , for that is against the order of the house . it is also taken against the order to name him , whom ye doe confute , but by circumlocution , as he that speaketh with the bill , or he that speaketh against the bill , and gave this and this reason . and so with perpetuall oration , not with alteration , he goeth through till he have made an end . he that once hath spoken in a bill , though he be confuted strait , that day may not reply , no though he would change his opinion . so that to one bill in one day , one may not in that house speake twice , for else one or two with alteration would spend all the time ; the next day he may , but then also but once . no reviling or nipping words must be used . for then all the house will cry 't is against the order , and if any speake irreverently or seditiously against the prince or the privy counsell , i have seene them not only interrupted , but it hath been moved after to the house , and they have sent them to the tower . so that in such a multitude , and in such a diversity of minds , and opinions , there is the greatest modesty and temperance of speech that can be used . neverthelesse with much dulce and gentle termes , they make their reasons as violent , and as vehement the one against the other , as they may ordinarily , except it be for urgent causes , and hasting of time . at the afternoone they keep no parliament . the speaker hath no voice in the house , nor will they suffer him to speake in any bill to move or disswade it . but when any bill is read , the speakers office is , as briefly and as plainly as he may , to declare the effect thereof to the house . if the commons doe assent to such bills as be sent to them , first agreed upon from the lords thus subscribed , les commons ont assentus ; so if the lords doe agree to such bills as be first agreed upon by the commons , they send them downe to the speaker , thus subscribed , les seigneurs ont assentus : if they cannot agree , the two houses ( for every bill from whence soever it doth come is thrice read in each of the houses ) if it be understood that there is any sticking , sometimes the lords to the commons , sometimes the commons to the lords doe require that a certaine of each house may meet together , and so each part be informed of others meaning , and this is alwayes granted . after which meeting for the most part , not alwayes , either part agrees to others bills . in the upper house they give their assent and dissent each man severally by himselfe ; first for himselfe , and then for so many as he hath proxy . when the chancellor hath demanded of them , whether they will go to the question , after the bill hath been thrice read ? they saying only content or not content , without further reasoning or replying , and as the more number doth agree , so is it agreed on or dashed . in the neather house none of them that is elected , either knight or burgesse can give his voyce to another , nor his consent or dissent by proxy . the more part of them that be present only maketh the consent or dissent . after the bill hath been twice read , and then ingrossed , and est-soones read and disputed on enough as is thought , the speaker asketh , if they will go to the question , and if they agree ? he holdeth the bill up in his hand , and saith , as many as will have this bill go forward , which is concerning such a matter , say , yea . then they which allow the bill , cry yea , and as many as will not , say no : as the cry of yea , or no is bigger , so the bill is allowd or dashed . if it be a doubt which cry is bigger , they divide the house , the speaker saying , as many as doe allow the bill , go downe with the bill , and as many as doe , not sit still . so they divide themselves , and being so divided , they are numbred who made the more part , and so the bill doth speed . it chanceth sometime that some part of the bill is allowed , some other part hath much controversie and doubt made of it , and it is thought if it were amended it would go forward . then they chuse certaine committees of them who have spoken with the bill , and against it , to amend it , and bring it again so amended , as they amongst them shall think meet : and this is before it is ingrossed , yea and sometime after . but the agreement of these committees is no prejudice to the house . for at the last question they will accept it or dash it , as it shall seem good , notwithstanding that whatsoever the committees have done . thus no bill is an act of parliament , ordinance , or edict of law , untill both the houses have severally agreed unto it after the order aforesaid , no nor then neither . but the last day of that parliament or session , the prince cometh in person in his parliament robes , and sitteth in his state , all the upper house sitteth about the prince in their states and order in their robes . the speaker with all the commons house cometh to the barre , and there after thanks-giving first in the lords name by the chancellor &c. and in the commons name by the speaker to the prince , for that he hath so great care of the government of his people , and for calling them together to advise of such things as should be for the reformation ; establishing and ornament of the common-wealth . the chancellor in the princes name giveth thankes to the lords and commons , for their pains and travailes taken , which he the said prince will remember and recompence when time and occasion shall serve , and that he for his part is ready to declare his pleasure concerning their proceedings , whereby the same may have perfect life and accomplishment , by his princely authority , and so have the whole consent of the realme . then one reads the titles of every act , which hath passed at that session , but only in this fashon : an act concerning such a thing , &c. it is marked there what the prince doth allow , and to such he saith le roy , or la royn le vults and those be taken now as perfect lawes , and ordinances of the realme of england , and none other , and as shortly as may be put in print , except it be some private cause , or law made for the benefit or prejudice of some private man , which the romans were wont to call privilegia . these be only exemplified under the seale of the parliament , and for the most part not printed . to those which the prince liketh not he answereth le roy or la royne saduisera , and those be accounted utterly dasned and of none effect . this is the order and forme of the highest and most authenticall court of england , by virtue whereof all those things be established whereof i spake before , and no other means accounted availeable to make any new for feiture of life , member , or lands of any english man , where there was no law ordained for it before . king iames his declaration to both houses at white-hall , of the kings power in the parliament of scotland in making lawes . march . . it hath been objected as another impediment , that in the parliament of scotland the king hath not a negative voyce , but must passe all the lawes agreed on by the lords and commons . of this i can best resolve you , for i am the eldest parliament man in scotland , and have sate in more parliaments then all my predecessors . i can assure you , that the forme of parliament there is nothing inclined to popularity . about a twenty dayes or such a time before the parliament , proclamation is made through the kingdom , to deliver into the kings clark of register ( whom ye here call the master of the rolles ) all billes to be exhibited that sessions , before a certain day . then are they brought unto the king , and perused and considered by him ; and only such as i allow of are put into the chancellors hands , to be propounded to the parliament and none others . and if any man in parliament speak of any other matter , then is in this forme first allowed by me , the chancellor tells him there is no such bill allowed by the king . besides when they have passed them for lawes , they are presented unto mee , and i with my scepter put into my hand by the chancellor , must say , i ratify and approve all things done in this present parliament : and if there be any thing that i dislike they race it out before : if this may be called a negative voyce ; then i have one i am sure in that parliament . if i have spoken evill bear witnesse of the evill , but if well , why smitest thou mee ? ioh. . . if i have said any thing amisse tell me . eras. paraph. finis . a messenger from the dead, or, conference full of stupendious horrour, heard distinctly, and by alternate voyces, by many at that time present. between the ghosts of henry the . and charls the first of england, in windsore-chappel, where they were both buried. in which the whole series of the divine judgments, in those infortunate ilands, is as it were by a pencil from heaven, most lively set forth from the first unto the last. nuntius a mortuis. english. perrinchief, richard, ?- . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing p thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) a messenger from the dead, or, conference full of stupendious horrour, heard distinctly, and by alternate voyces, by many at that time present. between the ghosts of henry the . and charls the first of england, in windsore-chappel, where they were both buried. in which the whole series of the divine judgments, in those infortunate ilands, is as it were by a pencil from heaven, most lively set forth from the first unto the last. nuntius a mortuis. english. perrinchief, richard, ?- . henry viii, king of england, - . charles i, king of england, - . p. : ill. (woodcuts) printed for tho. vere, and w. gilbertson, and are to be sold at their shops, at the sign of the angel, and the sign of the bible without newgate, london : . latin verse on p. signed: r.p., i.e. richard perrinchief. originally published in as: nuntius a mortuis. annotation on thomason copy: "marh ye th"; the in the imprint date is crossed out and " " written in. reproduction of the original in the british library. eng great britain -- politics and government -- - -- humor -- early works to . great britain -- history -- commonwealth and protectorate, - -- early works to . great britain -- history -- henry viii, - -- early works to . great britain -- politics and government -- - -- humor -- early works to . a r (thomason e _ ). civilwar no a messenger from the dead, or, conference full of stupendious horrour,: heard distinctly, and by alternate voyces, by many at that time pre perrinchief, richard b the rate of defects per , words puts this text in the b category of texts with fewer than defects per , words. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - jason colman sampled and proofread - jason colman text and markup reviewed and edited - pfs batch review (qc) and xml conversion a messenger from the dead , or , conference full of stupendious horrour , heard distinctly , and by alternate voyces , by many at that time present . between the ghosts of henry the . and charls the first of england , in windsore-chappel , where they were both buried . in which the whole series of the divine judgments , in those infortunate ilands , is as it were by a pencil from heaven , most lively set forth from the first unto the last . london , printed for tho. vere , and w. gilbertson , and are to be sold at their shops , at the sign of the angel , and the sign of the bible without newgate , . the messenger from the dead : or , the dreadfull conference between the ghosts of henry the eighth and charls the first , king of england . henry . say ! who art thou that presumest by a sacrilegious impiety to disturbe the ashes of a king , which so many years have been at rest ? when henry had spoken these words , there immediately was heard another voice in a softer , but most doleful accent , which seamed to be the voice of king charls , expressing himself after this manner . charls . i am that unhappy king of england , the undoubted heive of sixty and two monarchs , and who did wear my self the royall crown two and twenty years , and longer . henry . what you a king ! did you ever wear a crown on your head , who have not a head on your shoulders ? charls . i have not alwayes wanted a head , my subjects , wo is me , did lately bereave me of it . henry . your subjects ! how could that be ? what hainous crime have you committed , that could inforce your subjects to so great a violence ? charls . i know not wel what ; but this i am most confident of , that i never did commit adultery with any woman , nor ever defloured any virgin , i never axpelled any man from his house , or lands , of all which henry the eighth my predecessor is condemned to be guilty by all the world ; here charls made a little pause , to see what answer that henry would return to him ; but when he perceived him to be stil silent he thus did prosecute his discourse ; my father being dead strange rumours were spread of it ; not long afterwards i marryed with the daughter of france , and in the beginning of my raign made two unfortunate wars , the one with the spaniard , the other with the french , a parliament being called at oxford i lost the love of my people , for dissolving it at that instant when the duke of buckingham was questioned for having a hand in my fathers death ; at this i perceived that the people did repine , but i was too constant alwayes to my own counsailes , and although many parliaments were afterwards called , i dissolved them all . this inforced me to put unusuall taxes upon my people ; by which and by the enertainment of the queen mother of france ( a lady most extreamly hated by the generallity of the nation ) i wonderfully increased their evil opinion of me ; at the last we did proceed to armes ( the parliament then bearing sway , by me not suddainly to be dissolved ) and the war not thriving with me , i was brought to london , a court was called , not before heard of , and i protesting against the unlawfullness of it , and that there was no power on earth by which i was to be tryed , they passed the sentence of death on me , according unto which i suffered . henry . the greatest prejudice that can arrive unto a prince , is the loss of his peoples love . and thus my neece mary queen of scotland , having lost the affections of that nation , amongst other things suffered for that indiscretion by the loss of her head in england ; but if you are discended from such kings as you do boast you are , had it not been better for you to have your bones to rest amongst them , then here to interrupt my peace at windsor ? charls . i dying did desire to be buryed at west-minster , but my starres which did shine but clowdily , and obscurely on me , in my life , were as inauspicious to me at my death . i suffered many things grievous to relate . at west-minster i received my fatal sentence where my predecessors were accustomed to be crowned ; at saint james i was kept in custody , a place much beloved of me by reason of my child-hood spent there , and the many innocent recreations of my youth ; at white-hall i was beheaded , the scaffold being erected before the doors of the court , and i passed through that place in which i was accustomed to be present at masks and showes , and at the entertainment of the ambassadors of forrain princes . henry . are you charls the son of king james , and do you not yet perceive wherefore you are oppressed with such a weight of affliction ? do you not plainly perceive the admirable course and tenour of the divine justice ? it was greivous to you to be in custody at s. james , because in your tender years , you did there delight your self with innocent pastimes . do you not cal to mind how heretofore i seized upon that place by violence ? as indeed what place was free from my cruelties and oppressions , you are not ignorant how most unjustly i brought unto my exchequer , to satisfy my own avarice , all the estates of the carthusian , bernardine , and cistercian monks , and of all the other orders , but especially of the order of saint benedict , whose lands and revenues were the greatest , and whose covents , and houses were the fairest ? how many innocent men have i imprisoned , because they would not be subject to my will ? it was i that caused some abbots to be hanged before their own doors , to become a terrour to the other monks . do you not know that even your own palace , was heretofore the house of the archbishops of york , which i extorted from cardinall wolsey , whom i advanced to great honours and riches , whiles i found him a profitable minister to my lust , and afterwards crushed him to peices when i found it to be expedient for my avarice ; it was i who although i never started from the obedience of the church of rome , but onely in one particular to satisfy my lust ; did afterwards compell all the bishops of the land , to subscribe to what i commanded , the bishop of rochester onely excepted , whom because i could not overcome , neither by threatnings , nor perswasions , i made him shorter by the head . charls . but i was never accused of such enormities ; must i suffer for the offences of others , the stedfastness and unaltered resolution of my spirit , was never prejudicicall unto any . henry . yes , unto your self , and to all that had relation to you ; besides , flatter not your self , he who receiveth money of a judge for the seat of judicature , perverteth justice . you need not to fear that any private designes or combinations should dispossesse you of your life , for so the punishment would not answer the offence , it is expedient and necessary that publick sins should be publickly expiated . i afterwards that i began to offend , did not act fearfully , nor did seek out corners , for the commiting of iniquity , but made pretences of justice for my impiety . i divorced my self from my lawfull wife , and pretended law for it . on the same account i brought the goods of divers men into my treasury , whosoever opposed me , i impeached them of treason , and caused them to suffer accordingly for it , therefore when i did acts of unrighteousness , and pretended law , i ought not to wonder if i my self should suffer punishment in the same nature . charls . should a king suffer by his subjects ? henry . we deserve greater punishments , because we commit greater offences , they offend against a mortall king , we against a king immortall ; but could not you ( unless by the divine providence you were destined to be a sacrifice , for the expiation of the crimes of your predecessours , and your own ) could you not by your own power dissolve the parliament , and so bring about your own counsailes , for the managing of the affaires of the nations , according to your own will ? charls . i told before that i had dissolved many sever all parliaments , but understand what followed ; my native subjects the scots did by force of armes invade england , and whiles i staid at york to carry on with more vigour the affaires of the war , the lord of kimbolton did present me with a petition , to which twelve of the nobility had set their hands . when king henry had heard the name of kimbolton , he fetched a déep sigh , as if from the bottome of his heart , and said , henry . ah! at kimbolton it was , that the most excellent mirrour of her sex and the example of all vertues my first wife queen katharine dyed , whom i divorced from my bed that i might bring into it anne bollen an incontinent woman , whom not long afterwards being taken in adultery i caused to be beheaded by the common hangman ; that this divoree from my first wife contrary to all laws both divine and humaine might remaine unquestioned , being not able to defend one wickedness but by another , i did assume unto my self to govern this nation , by an arbitrary power , which was the original of all the calamities that have since befallen , either to my self , or you , or to our unfortunate kingdomes . charls . having rashly ( as i have said ) estranged my selfe from the love of my english subjects , and finding the scots to grow more and more upon me , i was inforced to make use of those counsailes which i thought most expedient for my present safety , i observed that my dissolution of so many parliaments , ( called to give redress to the sufferings and complaints of the people ) was one of the greatest reasons that at first did pull upon me their suspition , and afterwards their hatred , they feared also that i would introduce amongst them an innovation of religion , which laying a force upon their consciences they accounted the greatest tyr any that could be in the world , therefore to give them a plenary and a thorough satisfaction on the one side , and to be discharged of the scots army on the other side , i gave order that a parliament should be called againe not to be dissolved by me without their own liking and approbation ; to this many of the most apparent of my counsaile did readily agree with me , and amongst others my own kinsman , the unfortunate duke of hamilton . henry . you were more tame ( beleeve me ) then i would have bin , had it bin in my time , my subjects should have found i would have dealt more roundly with them , but i most plainly do perceive that the measure of my iniquities was compleated in you my successour , and the divine vengeance did mark you out for destruction . the houses got by me , by violence and rapine , must be pluckt from you , to be established on another that is more worthy of them . were you so weak , that when it proceeded so far you could not with largesses and honours procure and confirm unto your self a strong party even in that parliament ? charls . i did indeed attempt it , but all things did fall out cross to my expectation , for all the bishops and the catholick lords , who were faithfull to me , were cast forth by the adverse party , who were more powerfull and numerous . they used their utmost indeavours to promote my interests . the catholicks hoped that i would moder ate that severity of the laws which were made against them by you and q elizabeth , and king james my father , laying a great penalty on all those who would not acknowledge them to be the supreame governours , in the territories of their dominions . the bishops and prelats were eager to maintaine my cause , that so they might preserve their own dignities , and fortunes , that is their bishopricks , and benefices , which seemed otherwise to be in a most ruinous condition . having by this meanes lost above forty voyces in the upper house ; those who remained were more flexible , and did conforme themselves to the temper and resolution of the rest . henry . but could you by no printed papers , insinuate into the minds of your subjects , how much you stood devoted to their safety and prosperity ? when i was resolved to use my arbitrary power , that i might appeare unto the world to undertake nothing by force , i caused books to be dictated according to my own pleasure , which were presented to me as if they came from the monks themselves . if any refused to subscribe unto them i caused them to be hanged up , especially the chiefest of them , to be a terrour to the rest . thus when i was pleased to exercise my will , i caused divers for fear of death , to subscribe to what i did propound unto them , and that so handsomly , as if it had been their own motion . charls . but i did deal more gently , nevertheless being resolved at the last to have recourse to armes , i did betake my self to the northern part of my kingdome , and having erected the royall standard , not far from notingham , the most faithfull of my subjects , did from every part of the kingdome resort unto me , whose number in a short time was so great that they hold out a war for above the space of seven years against the parliament ; it is remarkeable to see with what resolution , above all the rest , the roman catholicks did adventure their lives , and their fortunes for me , and that not onely in one field , but wheresoever their war made triall of their valour ; but the army of the parliamen prevailed , and i being driven to the greatest extremities did betake my self unto the scots , as to my last refuge , amongst whom i did not long continue but i was delivered to some of note in the english army , who carrying me from one place to another , have at last brought me hither in this sad condition wherein you see me . henry . the english were alwayes much addicted to their parliaments , in which they found a constant redress for all their greivances , it is therefore less to be admired that they revolted from you ; but how came it to pass that those of your own nation the scots should make war against you ? charls . the revolt of the scots was the cheifest cause of my ruine , for if i had to deal onely with the english , i could have kept them in obedience , or have reduced them to it by the assistance of my faithfull subjects , both im england , and in ireland ; but the scots fell off from me upon this account ; it was my desire that throughout all my dominions , there might not be onely the same form of faith , but of rights , and ceremonies , and that the liturgy of the church of england , together with the surplice might be used by the ministers of scotland . this i must confess i did by the perswasion of the arch-bishop of canterbury , whom i did reverence as a patriarch , which when the people of scotland understood , and perceived that it began to be put in practise , they presently cried out that papistry , and the abomination of rome began be introduced , hereupon seditions began to increase which were much fomented by the pulpits . at the last the scots were resolved to defend their religion by armes , and as already i have made mention they invaded england , and possessed themselves of new-castle . henry . it is cleerer then the noon day , and you see all along , what it is to govern by an arbitrary power . charls . too late i perceive it , but i do not yet understand wherefore those calamities did not overwhelm you , who did first practise it with so much constancy and so much cruelty . henry . ah charls you are much deceived , if you think me free from punishment , punishment doth alwayes follow sin , neither was there ever any one that hath got cleerly off , and not payed for his impiety . not to speak of the torments which i do now indure ; what pangs did i not feel within me whiles i was alive being perpetually scourged with rods of knotted steel by the three beadles of avarice , cruelty , and incontinency . in the first place , my avarice was so unsatisfied that after i had overthrown three hundred and seventy six monasteries , and with one edict taken away all their goods and lands , one year was not fully expired , before i oppressed my subjects , with greater taxes then before . being palate-taken by this first morsell , not long afterwards , i brought into my treasury all the other monasteries of the kingdome , it is not easy to comprehend how many & how rich they were . whiles i made havock of these , i did feed my subjects with vain hopes that the goods thus gotten would so cram my treasury , that they should never have need to fear any more subsidies , which news was so welcome to the people that they were greatly pleased , and much applauded what i did ; but they were so deluded of their expectations , that after this i exacted more upon them then all my predecessors had done in five hundred years before . after that i had plundred and levelled to the ground , about one thousand churches , and converted to my use the goods appropriate to them , after that by force i had seized upon their gold , their silver , and consecrated vessailes , and sold the brass , the lead , the stones and timber belonging to them ; and out of the church of canterbury alone , had taken two great chests so full of gold , and precious stones , that four men could hardly stir either of them , i was driven to so extreame a penury , that whereas at first by my proclamation , two ounces of brass were to be mixed with ten ounces of silver , i afterwards gave order that two ounces of silver , should be mighled with ten ounces of brass ; after this manner was i tormented by my covetousness , neither did i suffer less by my cruelty . secondly , for the first years before i exercised any violent & arbitrary power , no king before me did shed less blood ; in all that time there were but two noble men that lost their lives , but after that i began to show my self in my own colours , i was as greedy of blood as i was before of gold , and made a great laughter of all ages , sexes , and orders whatsoever , and for no other trespass but that they opposed my pleasure . four queens that successively had bin married to me , did lose their lives , either by the axe , or by a grief as fatall as the axe . i proscribed two princesses , two cardinalls , and the third who was not onely my kinsman , but at that time out of the kingdome . i did put to death by the common hangman eminent personages who were either dukes , or marquesses , or earls , or the sons of earls , two and twenty barons , and knights , sixteen abbots and priors , seventy seven priests and religious men , and others of a lower rank almost not to be numbred . and in this so black a cruelty i was feared by none more then by the most faithful of my won friends , as the events of wolsey norris , of the family of the bullens , and of the howards , have declared . thirdly , moreover i did so prostrate my self unto lust , that after the divorse of my best and my first wife , i saw no lady handsommer then other , with whom i not presently fell in love , neither made i love to any whom i would not enjoy . was it not for the punishment of my sins , that you and your father were crowned kings of england , when i left nothing unattempted , that i might hinder you from the possession of the kingdom of england , and by some heir of my own might confirm it in my own house . two wives i did drive out of my bed , and two out of the world , the fifth i caused to be ripped up alive , being then in labour and full of her childing throwes , that her child might be preserved , adding to the cruelty these barbarous , and inhumane words , that wives could more easily be found then children . i married the sixth wife , and intertained thoughts of taking her our of the world , when not long afterwards i was taken out of the world my self . but in this great care of mine , and iudeavour for posterity , not any of my race lived threescore years after my death ; it is true that a child of mine , of nine years of age , did succeed me in the government , but not well able to govern himself , much less the kingdome , and who departed out of the world , before he departed out of his nonage , my daughter mary , did afterwards receive the crown , but rejected the religion of her brother , i might well expect to have had issue by her , being five years married to philip , the catholick king of spain , but god the revenger of so many murders , and abhominations committed , would not that my race should inherite the land ; for he is not to be mocked , neither doth his word fall upon the ground , which saith , for the sins of the fathers the daies of the children , shall be shortned . she therefore in a short time dying without issue , the kingdome is translated unto you . it is true that my daughter elizabeth succeeded my daughter mary , but being never married she also without issue descended into the sleep of death . thus do i find true what the kingly prophet did foretell me . the seed of the wicked shall perish , psalm . . and in another place . thou shalt destroy their fruit from the earth , and their seed from the sons of men , psalm . . by wofull experience , i do say , i have proved the truth of his prophecy , for it pleased god to laugh at the vain counsails of men , and the same prophet giveth this reason of it , for they imagined counsailes which they could not bring to pass . psalm . . for their is no counsaile against the lord . pro. . as now too late i have learned . will you have me yet further to confirme the truth of this unto you . when i was dying i did leave unto my son edward twelve tutors , all of them catholicks , as i conceived , and commanded them to bring him up in the catholick religion , the supremacy of the church onely excepted , which i would have him to continue , and to reserve unto himself , but i who violated the testaments of others , and overthrew so many monuments of piety , did not deserve that my own should be kept ; of so many tutors the duke of somerset unkle to edward , by his mothers side , after my death was tutor alone unto him , and brought him up in that religion , which i forbad him , and hated . i commanded also that a more sumptuous monument should be provided for me , then was ever raised for any of my predecessors , and as yet i have no monument at all , although of all the kings of england , not one of them had three children that successively swayed the scepter but my self . but , alas , i need not fear that i shall be ever lost in the memory of men , i have purchased to my self an everlasting name , by my enormous offences . all sorts of men do strive as it were in emulation who shall hate me most . i am become justly odious to the catholicks because i divided england from the communion of the church of rome . i am abhomination to the orders of the religious , because i have extinguished their charters and themselves , and have sold their lands , and houses . i am detestable both to the clergy , and the laity , because i have raised a persecution , against even the whole name of catholicks , which continueth to this day . the protestants hate me , because through all the course of my life , i did pursue them with fire and sword ; luther named me a big-bellied beast , and a tyrant ; calvin hath written bitterly against me , and brandeth me in his books , as destitute of all fear of god , and the shame of men . all lettered men will evermore curse my memory , beause i have utterly destroyed such excellent monuments of learning and antiquity that the christian world can hardly parralell . finally whiles i was alive , most men hated me , all men feared me , no man loved me . in my last dayes , like orestes , i was tormented with the consciousness of my sins , and desired to reconcile my self to the church , and to make some amends for the injury offered to my wife , the latter i did in some part performe , for i provided in my will , that my daughter mary born of queen katharine , whom before i had disinherited , should succeed in the kingdome , if my son edward should dye without children . oh how often have i discoursed with my friends of the first , but as i deceived many of them , heretofore by the same artifice , so now i my self became suspected to them all , and they grew to be jealous of me , and to shun me , as diving into their secrets . and thus being abandomed by all , i dyed without the communion of the church , repeating oftentimes in my last houre these words , we have lost all . being dead , i had the same end as ahab , and it is the more remarkable because it was in the ruines of a religious house , for as my corps nasty with excessive fatness , and too great a belly , was on the way tobe convaied hither , the coffin of lead in which it was put did crack by chance , and opened ; to soder which , a plummer being sent for , my corps was set down in the said ruines of the house , there , whiles the plummer was running from place to place , being very busie at his work , his dog most greadily did lick the blood that issued from me . a revenge from god for the effusion of so much blood , which in my life time i had soilled . charls , do you not now see sufficiently how god hath scourged me in my own person ; never think that i have eseaped unpunished ! charls . this is a sad story indeed , and most worthy to be remembered , and seriously to be considered of by all posterity . henry . but these things which i have rehearsed , although they seem greivous to the eares of the living , yet they are but meer delights , if they be compared to the torments which i indure amongst those who inhabite the regions of darkness , for besides those punishments which i have pulled upon me by my own sins , whatsoever evills that my posterity hath committed by my example , it doth increase my sufferings by a new addition . charls . i would to god that flattery had never been heard of in the courts of princes , would to god that i had never heard that we are above the law , and are to give an account to god onely for what we have committed upon earth , neverthelesse it doth administer some comfort to me , that i have made no innovation in religion , i have been above my other predecessors most gentle to the catholicks , and came neerest to their religion , and used my supremacy with the greatest moderation . and because in my apprehension it was not fit for a lay-man , i committed almost the whole exercise of the ecclefiasticall affaires to the arch-bishop of canterbury . henry . and have not you observed in these late troubles , that none of all the bishops of england , but the arch-bishop of canterbury , alone did lose his head ? charls . was i guilty of it ? by his instigations indeed i shewed more countenance to some practises of the church of rome , then either my father did , or the queen your daughter that raigned before him ; i confess my self not to be altogether without fault , nevertheless i would fain understand , being more moderate then any of my predecessors , and more forward then they in the promoting the peace of the church , wherefore i am visited with far more grevous punishments then any of them all ? henry are you still to understand that the jealous god who visiteth the sins of the fathers . on the children , doth most usually exact the punishments of the most enormous offences on the third of fourth generation , for if the should inflict present punishment upon all sins , men would be apt to beleive that they were quickly , and easily expiated , neither doth the defer the punishment unto so many generations , that the memory of the offender may perish from the earth , and that we could not know for what enormity the pushment was inflicted . you are the third king from me , and do suffer punishment in the third generation ; for although my two daughters mary and elizabeth did raigne successively , yet they do make but one generation with edward their brother and my son . if therfore you do number the generations or the kings , edward succeeded me , james succeeded him , and you succeeded james . neither do i beleive it is without the providence of god , that so direfull a revenge hath fallen on you , the most moderate , and the most innocent of them all , that so all might understand that not so much your sins , as the hereditary evils , and the wickedness annexed to your crown and your titles , are taken vegeance of in your person , according to that of the prophet ; the fathers have eaten a sowre bunch of grapes , and the teeth of the children are set on edge . ezekiel . . which is not so to be undestood , that children altogether guiltless and innocent should be overwhelmed in the punishments of their most ungodly fathers , for the soul that sinneth shall dye , but that children not so guilty , and as it were innocent in comparison of their fathers , are oftentimes involved in their punishments ; for if this punishment had come to pass in the dayes of some luxurious and wicked king , i should have looked to further for the causes of it , but on the crimes of so dissulute a grovernour ; but that your subjects who do call themselves protestants , should affict upon you so ignominious a death as by making you shorter by the head , when your enemies can accuse you of no gross offence , must certainly be imputed to nothing else , but to the capitall sin of my misgovernance , in which though not so visibly , others and your self , no doubt have partaken with me . charls . o how just are the judgments of god , and his wayes past finding out ? for in whatsoever a man finneth , he either sooner or later shall be punished by it , either in himself , or in his posterity . i would to god when i was alive and in my prosperity , or that in the time of my imprisonment when i had leasure enough , that i had seriously thought on these things . o that in the bitterness of my soul i had observed the proceedings of the divine justice , ow slowly it came on , and how long it did hang over my devoted head . an incomparable scholler , and highly esteemed in the days of my father and q'een elizabeth , hath left recorded that god doth most for kings , and kings , againe do least for god . but be wise o you princes , and learn righteous judgment , o you judges of the earth ; o that the flattery of being obove all laws had never sounded in my eares ; o that i had never been accused of arbitrary government ; o that i had known that my highest prerogative had b●en the love and the obedience of my subjects ! i had leisure enough to write and to compose a whole book on other anguments , as on the overthrowes of my armyes , on my own miseries and calamities , and on the insolencies of other men ; but these things which i ought to lay most neer unto my heart , and on which above all things i ought most to meditate , did never enter into my thought . i would to god that the bishop of london , honest juxon , for so i was accustomed to call him , or he who intirely loved me , and was to me a faithfull counsailer in all other things , and who laid down his life for my sake , william laud , the arch-bishop of canterbury , had advertised me of these things either by letters from himself , or by words of mouth from his friends ; he had before his death , the tedious leisure of three years imprisonment , to meditate and to ruminate on them . but they were hid from their eyes . o how blind were my seers ! but , jam sero sapinus , sed sine fruge phriges . true trojans we , whose hapless fates , is to grow wise when'tis too late . henry . you do confess that you came more neer in your religion to the church of rome , the either your father or queen elizabeth , if you had been absolutely a catholick i do beleive it had been better for you ; for what doth it profit you to have inclined to the roman catholike faith , unless you altogether did profess it . it doth not suffice to sit down in the porch unless you enter into the church . it was not sufficient to salvation for king agrippa that he was almost a christian , nay because he was not wholly converted when paul preached , he is now howling with me in the kingdome of darkness . you acknowledge that you were more inclined to the catholike church , then either of your two predec effors that immediately swayed the scepter before you , had you been wholly devoted to it , it is likely that it might have been better for you . charls . it is likely that my armies were the more unfortunate , because i was so indulgent to it . the super stition of the papists , and the most petulant probhaneness of the other part of my army , have rendred me a greater subject of calamity and contempt then i believe i should have otherwise appeared to the world . i have bled enough already . think not to give new wounds unto me by striking at me in my religion . what the sacred authority of the word of god , and the light of my own conscience hath convinced me unto : what neither the frequent solicitations of forraign princes , nor the hourly importunity of my dearest wife , could disswade me from ; what ( dying ) i commanded my children to imbraces , i shall never after death be induced to retract . in this resolution i do expect the day of a joufull resurection , the morning ayre whereof i do already feel refreshing me . the unrighteous shall then tremble at the sound , and the summens of a trumpet from heaven ; they shall wish that the rocks and the hills might cover them , that sobeing hid from the presence of the lamb , they might lye for ever confin'd to the dull peace of a grave . the end . in malevolos hujus narratiunculae obtrectatores . zoile me laceres morsu mea scripta canino , neve meris dicas omnia suta dolis , extimus historiae cortex ( volo ) fictus habetur , vera sed huic intus ligna subesse scies . istaque corporeis licet auribus invia nostris , mentis at internae sensibus hausta putes . fia , age , mendacem me , carptor inepte , poetam occine ; narranti , res dabitipsafidem . r. p. detractor , tear not with a dogged tooth these leaves , nor yet upbraid them with untruth , though counterfeit the bark without be found , know that the tree within is good , and sound . and what 's not obvious to the outward eare , more deep impression in the mindn doth bear ; the tax me not that poet-like i faign , this story , to its speaker , truth will gaine . by the king and queen, a proclamation for preventing the exportation of corn to france and enhaunsing of prices thereof at home, and for setting the poor on work england and wales. sovereign ( - : william and mary) approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing w estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) by the king and queen, a proclamation for preventing the exportation of corn to france and enhaunsing of prices thereof at home, and for setting the poor on work england and wales. sovereign ( - : william and mary) william, iii, king of england, - . mary ii, queen of england, - . broadside. printed by charles bill, and the executrix of thomas newcomb ..., london : . "given at our court at whitehall the nineteenth day of october, , in the fifth year of our reign." reproduction of original in the british library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng proclamations -- great britain -- early works to . great britain -- history -- william and mary, - . great britain -- politics and government -- - -- early works to . - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - john pas sampled and proofread - john pas text and markup reviewed and edited - pfs batch review (qc) and xml conversion by the king and queen , a proclamation , for preventing the exportation of corn to france , and enhaunsing of prices thereof at home , and for setting the poor on work. marie r. whereas a good and profitable law was made in the fifth and sixty years of the reign of king edward the sixth , against regrators forestallers , and ingrossers of corn , and other dead victuals , and the execution of that law was enforced , and other useful directions relating thereto were given by another act of parliament made in the fifth year of the reign of queen elizabeth , touching badgers of corn , and drovers of cattle to be licensed ; notwithstanding which good laws ( still in force ) yet for want of the due and careful execution thereof , divers evil disposed persons have , and do presume to engross , and get into their hands great quantities of corn and grain , with intent to sell the same again , some without any licence at all , and others , though licensed , yet contrary to the said acts , and their licences , and securities thereupon , do keép the corn in their hands , and do not sell the same again , in such manner , and within the time appointed for so doing , nor observe other the matters which those acts and their licences and securities require ; by means whereof not only the prices of corn and grain in and about our cities of london and westminster , and places adjacent , are greatly enhaunsed , far exceéding the prices in our midland and more remote counties , but the exportation of corn to france , or the french kings dominions ( where the great scarcity and excessive prices invite the importation ) is rendred the more easie , and evil affected persons , notwithstanding the penalty of a praemunire inflicted upon offenders in such unlawful exportation , by act of parliament made in the third and fourth year of our reign , against corresponding with our enemies , are not deterred from so evil an action . and forasmuch as it will much conduce to the good and benefit of our subjects , that all the laws in force for setting the poor on work throughout our kingdom , should be duly observed and put in execution ; we therefore out of our princely care and tenderness for the good and welfare of our subjects , and for their ease and relief in the premisses , have thought fit ( by and with the advice of our privy council ) to publish this our royal proclamation , hereby charging and commanding all and every of our iudges , iustices of the peace , mayors , sheriffs , bayliffs , and all other our magistrates officers and ministers whatsoever and wheresoever 〈…〉 iurisdictions , do cause the said acts made in the fifth and sixth years of king edward the sixth , against regrators , forestallers and ingrossers , and the said other act made in the fifth year of queén elizabeth , and all other acts relating to the same matters , and all laws in force for the setting the poor on work , to be in all and every the parts and branches thereof put in speédy and effectual execution ; and that they do take care , and give effectual directions , that no licences be granted to any badger , lader , kidder , carrier , or buyer of corn or grain , but only according to the directions of those acts , and to such persons only as are or shall be duly qualified for the same , and under such surety by recognizance or otherwise , as those acts require ; and also to take care that all persons who shall presume to buy and engross any corn , grain , or other dead victuals , without licence , and all such as having licences for that purpose , shall not duly and strictly comply with and observe the conditions and terms of their licences and securities , be effectually prosecuted and proceeded against , according to the purport and effect of the said statutes ; and that all fines , forfeitures and penalties arising thereby , be duly levied , answered and paid as those acts direct . and in regard it is most probable that the exporters of corn to france , or the french kings dominions , are such as buy and engross the same , contrary to the said statutes of king edward the sixth , and queen elizabeth , for the further prevention therefore of such exportation , we do hereby strictly charge and command , as well all our iudges , iustice of the peace , mayors , sheriffs , magistrates , and the commissioners of our customs , and all other our officers and ministers , for the time being , of and belonging to our custom-houses and ports , within this our realm of england , dominion of wales , and town of berwick upon tweed , and all other our officers , ministers , and loving subjects whatsoever , that they and every of them in their respective places , stations and employments , do use all lawful ways and means for the discovering and preventing of all exportation of corn to france , or other the french kings dominions : we being resolved , and do hereby strictly command , that the said act against corresponding with our enemies , be in all parts thereof strictly executed , and all offences and offenders against the same punished according to the utmost rigour of the law. and if it shall or may be discovered , or upon reasonable grounds suspected , that any corn or grain is intended or bought to be exported to france , or any the french kings dominions , or to be exported by any persons that got the same into their hands , by buying or engrossing contrary to law , that due , strict and speedy prosecution be made of such offenders and offences , according to the utmost rigour of law. and for the better encouragement of all such as shall make discovery of any persons , who , since the making the said act against corresponding with our enemies , have , or hereafter shall carry or transport any corn or grain to france , or any of the french king's dominions , we do hereby declare , that the person or persons ( other then the master of the ship or vessel , wherein such transportation hath been , or shall be made , and the parties interested in the corn ) making such discovery , and giving evidence in order to conviction , shall , upon certificate from the iudges or magistrates before whom such offender shall be convicted , not only have and receive a reward of two hundred pounds for every ship and vessel , so transporting , or having transported corn as aforesaid , to be paid by the lords commissioners of our treasury , or lord treasurer for the time being , but also shall have and receive our gracious pardon for such offences , so as discovery be made of offences past , within the space of threé months next ensuing the date hereof , and of future offences within the like space of three months next after the time of such transportation . and we do hereby require and charge all our officers , ministers and loving subjects whatsoever , to be aiding and assisting in the due execution of our royal will and pleasure herein expressed , under the pain of our high displeasure , and of such pains and punishments as may by law be inflicted upon the contemners of our royal authority . given at our court at whitehall , the nineteenth day of october , . in the fifth year of our reign . god save king william and queen mary . london , printed by charles bill , and the executrix of thomas newcomb , deceas'd ; printers to the king and queens excellent majesties . . by the king and queen, a proclamation requiring all seamen and mariners to render themselves to their majesties service england and wales. sovereign ( - : william and mary) approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing w estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) by the king and queen, a proclamation requiring all seamen and mariners to render themselves to their majesties service england and wales. sovereign ( - : william and mary) mary ii, queen of england, - . william iii, king of england, - . sheet ([ ] p.) printed by charles bill and thomas newcomb, printers to the king and queens most excellent majesties, london : / . at end of text: given at our court at whitehall the twenty seventh day of february / . in the second year of our reign. reproduction of the original in the guildhall, london. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng great britain -- politics and government -- - -- early works to . great britain -- history -- william and mary, - -- early works to . - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion monogram of 'w' (william) superimposed on' m' (mary) diev et mon droit honi soit qui mal y pense royal blazon or coat of arms by the king and queen , a proclamation requiring all seamen and mariners to render themselves to their majesties service . william r. whereas divers seamen and mariners have lately left their usual and ordinary places of abode , and have removed themselves into some private and obscure places in the inland countreys , endeavouring thereby to avoid the search that is now made for men of that calling and condition , and to escape the press that is gone out for their majesties present service ; their majesties therefore , by the advice of their privy council , have thought fit to publish this their royal proclamation , and do hereby straitly charge and command all seaman and mariners remaining in any county of england or wales , and not listed in their majesties service , that they forthwith render themselves unto the principal officers and commissioners of the navy in london , or to the commissioners of the navy at portsmouth , or to the mayor of newcastle , or to the mayor of hull , or to the bayliffs of yarmouth , or to mr. john addis at plymouth , or to robert henley merchant at bristol , or to captain greenhill at leverpoole , in order to their being received into pay , and sent on board such of their majesties ships as shall be found most expedient for their majesties service : and if any of them shall hereafter be found out or discovered , who have neglected to obey this their majesties royal command , they shall be proceeded against with all severity . and their majesties do hereby require all mayors , bayliffs , sheriffs , iustices of peace , constables and other officers to whom it both or may appertain , that they cause diligent search to be made within all and every of their precincts , for the said seamen and mariners , and do sieze and secure the persons of such of them as shall there be found ; and also all loose and unknown persons whatsoever , who may justly be suspected to be seaman or watermen , and to cause them to be sent to the principal officers and commissioners of their majesties navy in london , or to such other of the persons and places aforesaid , to which they may be most conveniently sent , in order to their further employment . and they are hereby further required to take notice of , and certifie to their majesties in council , the names of all such persons as shall refuse or neglect to give assistance in the premisses , or shall contribute to the concealing or escape of any seamen or mariners , as aforesaid ; and hereof they are not to fail , as they will answer the contrary at their peril . given at our court at whitehall , the twenty seventh day of february , / . in the second year of our reign . god save the king william and queen mary . london , printed by charles bill , and thomas newcomb , printers to the king and queens most excellent majesties . / . monday june th . resolved, that this parliament doth declare, that, for the encouragement of a godly, preaching, learned ministry throughout the nation, the payment of tithes shall continue as now they are ... england and wales. parliament. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing e ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) monday june th . resolved, that this parliament doth declare, that, for the encouragement of a godly, preaching, learned ministry throughout the nation, the payment of tithes shall continue as now they are ... england and wales. parliament. sheet ( p.). printed by john field and henry hills, printers to the parliament. and are to be sold at the sev[en] stars in fleetstreet, over against dunstans church, london: : . title from caption and first words of text. reproduction of original in the henry e. huntington library. eng tithes -- great britain -- early works to . great britain -- politics and government -- - . broadsides -- england -- th century. a r (wing e ). civilwar no monday june th . resolved, that this parliament doth declare, that, for the encouragement of a godly, preaching, learned ministry thro england and wales. parliament d the rate of defects per , words puts this text in the d category of texts with between and defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion blazon or coat of arms monday june th . resolved , that this parliament doth declare , that , for the encouragement of a godly , preaching , learned ministry throughout the nation , the payment of tithes shall continue as now they are , unless this parliament shall finde out some other more equal and comfortable maintenance , both for the ministry , and satisfaction of the people . resolved , that this vote be printed and published . tho. st nicholas clerk of the parliament . london : printed by john field and henry hills , printers to the parliament . and are to be sold at the sev●● stars in fleetstreet , over against dunstans church , . by the king, a proclamation forasmuch as the great preparations made to invade and conquer this our kingdom require utmost care in providing for the necessary safety and defence thereof ... england and wales. sovereign ( - : james ii) approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing j estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) by the king, a proclamation forasmuch as the great preparations made to invade and conquer this our kingdom require utmost care in providing for the necessary safety and defence thereof ... england and wales. sovereign ( - : james ii) james ii, king of england, - . broadside. printed by charles bill, henry hills, and thomas newcomb ..., london : . other title information from first lines of text. "given at our court at vvhitehall, the th day of october, . in the fourth year of our reign." reproduction of original in the harvard university library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng great britain -- history -- james ii, - . great britain -- politics and government -- - - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - elspeth healey sampled and proofread - spi global rekeyed and resubmitted - megan marion sampled and proofread - megan marion text and markup reviewed and edited - pfs batch review (qc) and xml conversion royal coat of arms by the king , a proclamation . james r. forasmuch as the great preparations made to invade and conquer this our kingdom , require our utmost care in providing for the necessary safety and defence thereof ; wherein we resolve ( through god's assistance ) not to be wanting : and to the intent that our enemies who will bring the heavy and sad calamities of war , may not strengthen themselves at their coming hither by seizing the horses , oxen and cattel of any of our subjects , which may be useful and serviceable to them for burthen and draught : we have therefore thought fit , and we do by this our royal proclamation ( published by and with the advice of our privy council ) strictly charge , require and command all and every the lords lieutenants , and deputy lieutenants , of our respective counties adjoyning to the sea , and all sheriffs , iustices of peace , mayors , bayliffs , and all and every other officers and ministers , civil and military , within their respective counties , cities , towns and divisions , that they cause the coasts to be carefully watched , and upon the first approach of the enemy , to cause all horses , oxen and cattel , which may be fit for burthen or draught , and not actually imployed in the service and defence of vs , and the countrey , to be driven and removed by the space at least of twenty miles from the place where the enemy shall attempt to land , and to secure the same in such effectual manner , that they may not fall into the hands or power of any of our enemies : wherein nevertheless it is our will and pleasure , that the respective owners may suffer as little damage and loss , as may be consistent with the great and publick safety of the kingdom . given at our court at vvhitehall the th day of october , . in the fourth year of our reign . god save the king. london , printed by charles bill , henry hills , and thomas newcomb , printers to the king 's most excellent majesty . . an abstract of those ansvvers which were given in the assembly of the lords in the high court of parliament unto the nine reasons sent up from the house of commons against the voting of bishops in parliament. williams, john, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing w ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing w estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; :e , no , : ) an abstract of those ansvvers which were given in the assembly of the lords in the high court of parliament unto the nine reasons sent up from the house of commons against the voting of bishops in parliament. williams, john, - . [ ], p. printed for n. butter, [london] : . attributed to john williams. cf. nuc-pre and wing. place of publication from wing. reproduction of original in thomason collection, british library, and bodleian library. item at reel : identified as a (number cancelled in wing nd ed.). eng great britain -- politics and government -- - -- sources. great britain -- religion -- th century. a r (wing w ). civilwar no an abstract of those ansvvers vvhich were given in the assembly of the lords in the high court of parliament, unto the nine reasons, sent up williams, john a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - jonathan blaney sampled and proofread - jonathan blaney text and markup reviewed and edited - pfs batch review (qc) and xml conversion an abstract of those ansvvers vvhich were given in the assembly of the lords in the high court of parliament , unto the nine reasons , sent up from the house of commons , against the voting of bishops in parliament . printed for n. butter . . that bishops ought not to vote in parliament . reason because it is a very great hinderance to the exercise of their ministeriall function . answ. it is not so much hinderance as their conveening to generall councels , synods , convocations , assemblies , classes , and the like , in all the churches reformed or otherwise . it is propter majus bonum ecclesiae . the apostles unnecessarily put themselves to more hinderances , to worke for their livelyhood , act. . . . thes. . . . thes. . . what hinderance can it be to their calling , that once in three yeares , when they must necessarily attend the convocation , they divide some part of that short time to the attendance of parliament ? reason because they doe vow and undertake it at their ordination , when they enter into holy orders , that they will give themselves wholly to that vocation . answ. this vow and undertaking in ministers ordination is quite mistaken : the words are in the bishops exhortation , not in the ministers answer . the bishop hopes they will give themselves wholly to that , and not to my other trade or vocation . wholly , in a morall , and not in a mathematicall sense , that will admit no latitude : else , there might the same exception be taken against their just care of provision for their houshold affaires . reason because councels and canons in severall ages doe forbid them to meddle in secular affaires . answ. councels and canons against bishops votes in parliament , were never in use in this kingdome , and therefore they are abolished by the statute of . h. . so are they by the same statute , because the lords have declared , that the bishops vote here by the lawes and statutes of this realme : and all canons that crosse with those , are there abolished . so are they by the same statute , as thwarting the kings prerogative to call bishops by summons to vote in parliament . so they are by the vote in the house of commons , . maii . because are they not confirmed by act of parliament . this argument was in a sort deserted by m. perpoint , and confest to be but an argumentum ad hominem . reason because the . bishops have a dependency upon the archbishops , and because of their canonicall obedience to them . answ. they have no dependency upon the archbishops , but in points of appeale , and visitation onely : and owe them no obedience but in these two points . none at all in parliament , where they are pares , their equals : and , as bracton tels us , par in parem non habet imperium . what hath canonicall obedience to doe with a vote in parliament , declared in this bill to be no ecclesiasticall , but a secular affaire ? this argument reacheth not the two archbishops , discharged in the rubrick from this oath ; and therefore is no reason for the passing of this bill . reason because they are but for their lives , and therefore are not fit to have legis-lative power over the honours , inheritances , persons , and liberties of others . answ. bishops are not for their lives onely , but for their successors also in the land and honour that pertaine to their places : as the earles and barons also are for their successors in their owne lands and honours : and , holding their lands in fee simple , may with as good reason vote in the honours , inheritance , persons , and liberties of others , as others may , and doe in theirs . many peeres have beene created for their lives onely , and the earle of surrey for the life of his father , who yet voted in this house . the knights , citizens , and burgesses , are chosen for one parliament only , and yet use their legislative power . nor will their being elected difference their cause ; for the lords use that power , in a greater eminence , who are not elected . a burgesse , that hath a free-hold but for term of life onely , may vote and assent to a law in parliament . no such exception was ever heard of in the diets of germany , the corteses of spaine , or the three estates of france , where the prelates vote in all these points , with the nobility and the commons . reason because of bishops dependency and expectancy of translations to places of greater profit . answ. this argument supposeth all kings , and all bishops to bee very faulty , if they take the tune of their votes in parliament , from these dependencies , and expectances . this may be said of all the kings great officers , of all the noble members of both houses , who may be conceived , as well as bishops , to have their expectances , and consequently to be deprived by this reason of voting in parliament . this argument reacheth not at the two archbishops , and so falls short of the votes , which are to be taken away by this bill . reason that severall bishops have of late much encroached upon the consciences , and properties of the subject . and they and their successors will be much encouraged still to encroach , and the subject will be much discouraged from complaining against such encroachments , if . of that order be to be judges upon these complaints . the same reason extends to their legis-lative power , in any bill to passe for the regulation of their power , upon any emergent inconveniency by it . answ. this argument fights not against bishops votes in parliament , but against their votes in convocation , where ( if anywhere ) they have encroached upon the consciences and properties of the subject : nor yet at the votes of such bishops there , as are not guiltie of this offence . nor need the subject to be discouraged in complaining against the like grievances , though . of that order continue judges : for they shall not vote as judges in their owne cause , when they are legally charged : and if they should vote , what were that to the purpose , when the lay-peeres are still foure to one ? the bishops ( assisted with a double number of mitred abbots , and priors ) could not hinder the lawes made against the court of rome , the alien cardinalls , and prelates , the provisors , the suitors to the popes consistory under ed. . rich. . and hen. . much more may those emergent exorbitances of the ecclesiasticall jurisdiction be soone curbed and redressed in this inequality of votes betweene the temporall and spirituall lords . so as this argument doth not so much hurt the votes , as it quailes the courage of the bishops , who may justly feare , by this and the next argument , that the taking away of their votes is but a kind of fore-runner to the abolishing of their jurisdiction . reason because the whole number of them is interessed to maintaine the jurisdiction of bishops ; which hath beene found so grievous to the three kingdomes , that scotland hath utterly abolished it , and multitudes in england and ireland have petitioned against it . answ. this argument is not against the votes of bishops , but against episcopacy it selfe , which must be removed , because scotland hath done so , and some in england and ireland would have it so : and yet peradventure ten times as great a somme as these desire the contrary . there will be found peeres enough in the upper house to reforme any thing that is amisse in the ecclesiasticall jurisdiction , although the . prelates should be so wicked as to oppose it : as there were found peeres enough in that noble house , to curbe the court of rome , and the revenues of the cardinalls under ed. . to meet with the provisors under rich. . to put all the clergy into a praemunire under hen. . and to reforme the religion , . eliz. notwithstanding the opposition of all the bishops . reason because bishops being lords of parliament , it setteth too great a distance betweene them and the rest of their brethren in the ministery , which occasioneth pride in them , discontent in others , and disquiet in the church . answ. this is an argument from morall philosophie , which affords no demonstrations . all are not proud that vote in parliament , nor discontented , that are not so imployed . this argument fights onely against their title of being lords , which is not the question at this time . and were those brethren so wise & well affected as they might be , they would rejoyce rather that some of their own profession are advanced to those places wherein they may be capable , upon all occasions , of doing good offices to them , and to this whole church . finis . by the king. a proclamation for quieting possessions proclamations. - - england and wales. sovereign ( - : charles ii) this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing c ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing c estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) by the king. a proclamation for quieting possessions proclamations. - - england and wales. sovereign ( - : charles ii) charles ii, king of england, - . sheet ([ ] p.) printed by christopher barker and john bill, printers to the kings most excellent majesty, london : . at end of text: given at our court at whitehal the first day of june, . and in the twelfth year of our reign. steele notation: scotland whilest often; arms . reproduction of original in the henry e. huntington library. eng riots -- england -- early works to . thieves -- england -- early works to . public welfare -- law and legislation -- england -- early works to . great britain -- history -- charles ii, - -- early works to . great britain -- politics and government -- - -- early works to . broadsides -- england a r (wing c ). civilwar no by the king. a proclamation for quieting possessions. england and wales. sovereign a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion c r diev et mon droit honi soit qvi mal y pense royal blazon or coat of arms by the king . a proclamation for quieting possessions . charles r. charles , by the grace of god , of england , scotland , france , and ireland , king , defender of the faith , &c. to all our loving subjects of our realm of england , and dominion of wales , greeting . we taking notice by the information of the lords and commons now assembled in parliament , that several riots have been committed , and forcible entries made upon the possessions of divers of our subjects , as well ecclesiastical as temporal , who have been setled in the said possessions by any lawful or pretended authority , and that without any order of parliament or legal eviction , to the disturbance of the publick peace , whilest these matters are under the consideration of our parliament . we therefore , by the advice of our lords and commons aforesaid , for prevention of the like riots and forcible entries , and preservation of the publick peace of this our realm , do by this our proclamation , command , publish , and declare , that no person or persons , ecclesiastical or temporal , shall presume forcibly to enter upon , or disturbe the said possessions , or any of them , till our parliament shall take order therein , or an eviction be had by due course of law . and all our justices of the peace , majors , sheriffs , and other ministers of justice , and all other our loving subjects , are hereby required to be aiding and assisting in the execution of this our proclamation , as often as occasion shall require , as they will avoid our royal displeasure . given at our court at whitehal the first day of june , . and in the twelfth year of our reign . london , printed by christopher barker and john bill , printers to the kings most excellent majesty . . to the parliament of the common-wealth of england, scotland, and ireland, and dominions thereunto belonging. the humble petition of the subscribers on the behalf of themselves, and other reduced officers and souldiers therein concerned. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing f thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) to the parliament of the common-wealth of england, scotland, and ireland, and dominions thereunto belonging. the humble petition of the subscribers on the behalf of themselves, and other reduced officers and souldiers therein concerned. freeman, edward, fl. . sheet ([ ] p.) s.n., [london : ] signed: edward freeman [and others]. imprint from wing. annotations on thomason copy: "decemb: "; [others illegible]. reproduction of the original in the british library. eng great britain -- armed forces -- early works to . great britain -- politics and government -- - -- early works to . great britain -- history, military -- th century -- early works to . a r (thomason .f. [ ]). civilwar no to the parliament of the common-wealth of england, scotland, and ireland, and dominions thereunto belonging. the humble petition of the subs freeman, edward a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion to the parliament of the common-wealth of england , scotland , and ireland , and dominions thereunto belonging , the humble petition of the subscribers on the behalf of themselves , and other reduced officers and souldiers therein concerned . sheweth , that in their zealous and cordial affection to the just rights and freedome of this nation , with expence of blood and patrimony , they have faithfully served this common-wealth from the beginning of the late wars until reduced by order of parliament , with promise of satisfaction forth with of such arrears as were due unto them , which may appear by several orders and ordinances of parliament , and many of them voluntarily since the said reducement , engaged , to the hazard of all that was dear unto them for the publike good . neverthelesse their constant expectations ( grounded upon the many promises and engagements of the then supreme authority of this nation ) have been wholly frustrated , although they ( to their great expence ) constantly attended with many humble addresses during the space of seven yeers past , for the obtaining of their just satisfaction ; for want of which , divers are brought to extreme penury , many starved , and others in prison ready to perish . but their long and tedious attendance producing no fruit from the parliament , after their dissolution , they then made their humble addresses to his highnesse , and honourable council , who were pleased to refer their petition to the council of the army ; who upon mature consideration and conference had with your petitioners , returned their sense and results thereon to his highnesse , and the said council , by whose order the same was transmitted ( by the hands of captain howard ) to the late parliament , who after daily solicitations , did admit them ( for satisfaction out of hands in ireland ) into an act , intituled , an act for satisfaction of adventurers and souldiers , dated the twenty sixt day of september , . that after the late parliament dissolved themselves , they then made their humble addresses to his highnesse , who was pleased to recommend them and their desires unto the speedy and serious consideration of his council sitting at white-hall , in order to their due relief and satisfaction , and perceiving that upon the addresses of some officers , ( under the same qualification with your petitioners ) lands both in england and ireland have been obtained for their satisfaction ; and your petitioners hitherto ( by reason of the great and weighty affairs of the common-wealth ) are unsatisfied , so that your petitioners upon this account are without hope of reaping any benefit , or to be enabled to receive satisfaction by that security in the said act , according to the purport and meaning thereof . your petitioners therefore humbly pray , that your honours would be pleased to take the premises into your serious consideration , to the end , that as the said act of the late parliament intends a security unto them , their interest may be preserved therein ; and that some speedy course may be taken for stating the arrears of such officers and souldiers , as are not yet stated ; and that such whose arrears are already stated by committees , or commissioners , or any anthorised by order or ordinance of parliament , having faithfully served this common-wealth , and no ways forfeited their right to their just dues ; all of them or their assignes may be enabled by bond or otherwise to receive satisfaction for their arrears so stated , and to be stated out of such lands in ireland , as are yet undisposed of ( viz ) in the counties of dublin , cork , kildare , and caterlagh , or out of such lands there belonging to corporations forfeited , or out of bishops , dean and chapters lands there , or out of forrests lands in england yet unsold , or by some such other way as to your grave judgement shall seem meet , that so your petitioners may be freed from their tedious and expensive attendance , receive the price of their blood , and be put into a condition to be more instrumentally serviceable for this common-wealth , which is their desire . and they shall pray , &c. edward freman . humphrey brewster . nicholas devereux . emanuel neal. walter bosvile . samuel carlton . edward hook . ambrose tyndale . richard stevens . john mall . william tovey . william poe . timothy crusoe . leonard morton . john birkbeck . john rugeley . francis cotton . william pickering . matthias nichols . anthony poe . richard griffith . edward harrington . by the council of state. a proclamation. whereas the parliament assembled at westminster the third of november, one thousand six hundred and forty, is now dissolved, and the enemies of this commonwealth, in this interval, are likely to take advantage, to carry on their designs, for disturbance of the publick peace: and taking notice of the great confluence of papists, and other disaffected persons, at this time to the cities of london, and westminster, and places adjacent, with intention, probably, to put in execution their said designs, whereof, their great boldness and confidence expressed doth here, and in several parts of the nation, giveth just occasion of suspition, and more then ordinary apprehension of danger, to those who are well affected to the peace of the nation: ... england and wales. council of state. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) by the council of state. a proclamation. whereas the parliament assembled at westminster the third of november, one thousand six hundred and forty, is now dissolved, and the enemies of this commonwealth, in this interval, are likely to take advantage, to carry on their designs, for disturbance of the publick peace: and taking notice of the great confluence of papists, and other disaffected persons, at this time to the cities of london, and westminster, and places adjacent, with intention, probably, to put in execution their said designs, whereof, their great boldness and confidence expressed doth here, and in several parts of the nation, giveth just occasion of suspition, and more then ordinary apprehension of danger, to those who are well affected to the peace of the nation: ... england and wales. council of state. sheet ([ ] p.) printed by abel roper, and thomas collins, printers to the council of state, [london] : [ ] title from caption and opening lines of text. order to print dated: saturday the of march . at the council of state at whitehal. signed: w. jessop, clerk of the council. place of publication from wing. annotation on thomason copy: "march ". reproduction of the original in the british library. eng catholics -- england -- london -- legal status, laws, etc. -- early works to . exile (punishment) -- england -- london -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no by the council of state. a proclamation. whereas the parliament assembled at westminster the third of november, one thousand six hundred and england and wales. council of state. d the rate of defects per , words puts this text in the d category of texts with between and defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion by the council of state . a proclamation . whereas the parliament assembled at westminster the third of november , one thousand six hundred and forty , is now dissolved , and the enemies of this commonwealth , in this interval , are likely to take advantage , to carry on their designs , for disturbance of the publick peace : and taking notice of the great confluence of papists ▪ and other disaffected persons , at this time , to the cities of london , and westminster , and places adjacent , with intention , probably , to put in execution their said designs , whereof , their great boldness and confidence expressed both here , and in several parts of the nation , giveth iust occasion of suspition , and more then ordinary apprehension of danger , to those who are well affected co the peace of the nation : for preventing the dangers that may be occasioned thereby : the council have thought fit to publish and declare , and doth hereby enjoyn , and require all , and every person and persons , born within this commonwealth , being a papist , or popish recusant , and all , and every person and persons , who have , or hath at any time born armes on behalf of the late king against the parlament , or since , in pursuance of that interest , and every of them ( who shall not have leave from the council of state , or the lord general of the army to the contrary ) do before the twenty fifth day of this instant march , or , if under restraint , then , within three dayes after his or their enlargement , repair unto his , and their place of dwelling , where he or they ▪ usually heretofore made their common abode , and shall not at any time after , until the first day of may next ensuing , return to the cities of london and westminster , without like leave or licence . or if such papists , or popish recusant , or other person aforesaid , have no certain place , dwelling , or abode , within this commonwealth , that then all , and every such popish recusant , and other person aforesaid , do , by the time before limitted , remove to the distance of twenty miles at the least from london or westminster ▪ and not at any time after return until the said first day of may , without licence as aforesaid , upon pain of being apprehended , and proceeded against as disturbers of the publick peace . and all iustices of peace , commissioners of the militia for the city of london , and the respective counties and cities of this commonwealth , and all other officers , civil and military , are to apprehend , or cause to be apprehended all , and every such papist , and popish recusant , and other person or persons aforesaid , as shall be found at any time after the said twenty fifth of march , until the said first day of may , within the cities of london and westminster , or within twenty miles thereof , contrary to this proclamation : and to secure all , and every such person or persons so offending in the premises , to be proceeded against as aforesaid . and likewise to seize on , and apprehend all , and every person and persons whatsoever , who shall raise tumults , or shall practise , or complot against the publick peace and safety , or make disturbance within this nation , or hold correspondence with any the enemies thereof , and them to secure till upon notice to the council , further order shall be therein given . and all officers of the ports , and commanders of ships , are required to apprehend and secure all suspicious persons that shall pass the ports , either going , or coming from beyond seas , without leave of the council , till the council , upon notice , take order therein . saturday the of march . at the council of state at whitehal ordered , that this proclamation be forthwith printed and published . jo. rushworth , clerk of the council . printed by abel roper , and thomas collins , printers to the council of state . his maiesties message to both houses of parliament, upon his removall to the city of york. england and wales. sovereign ( - : charles i) this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing c a). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing c a estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) his maiesties message to both houses of parliament, upon his removall to the city of york. england and wales. sovereign ( - : charles i) charles i, king of england, - . england and wales. parliament. sheet ([ ] p.). imprinted at york by robert barker, printer to the kings most excellent majestie: and by the assignes of john bill., [york] : . reproduction of original in the william andrews clark memorial library. eng england and wales. -- parliament. great britain -- history -- charles i, - . great britain -- politics and government -- - . ireland -- history -- rebellion of . broadsides -- england -- th century. a r (wing c a). civilwar no huntington . martii. . his majesties message to both houses of parliament, upon his removall to the city of york. england and wales. sovereign a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion cr diev et mon droit honi soit qvi mal y pense royal blazon or coat of arms huntington . martii . . ❧ his majesties message to both houses of parliament , upon his removall to the city of york . his majestie being now in his remove to his city of york , where he intends to make his residence for some time , thinks fit to send this message to both houses of parliament . that he doth very earnestly desire , that they will use all possible industry in expediting the businesse of ireland , in which they shall finde so cheerfull a concurrence by his majestie , that no inconvenience shall happen to that service by his absence , he having all that passion for the reducing of that kingdom , which he hath expressed in his former messages , and being unable by words to manifest more affection to it , then he hath indeavoured to do by those messages ( having likewise done all such acts as he hath been moved unto by his parliament ) therefore if the misfortunes and calamities of his poor protestant subjects there shall grow upon them ( though his majestie shall be deeply concerned in , and sensible of their sufferings ) he shall wash his hands before all the world , from the least imputation of slacknesse in that most necessary and pious work . and that his majestie may leave no way unattempted , which may beget a good understanding between him and his parliament , he thinks it necessary to declare , that as he hath been so tender of the priviledges of parliament , that he hath been ready and forward to retract any act of his own , which he hath been informed hath trencht upon their priviledges , so he expects an equall tendernesse in them of his majesties known and unquestionable priviledges ( which are the priviledges of the kingdom ) amongst which , he is assured it is a fundamentall one , that his subjects cannot be obliged to obey any act , order , or injunction , to which his majestie hath not given his consent : and therefore he thinks it necessary to publish , that he expects , and hereby requires obedience from all his loving subjects , to the laws established , and that they presume not upon any pretence of order , or ordinance ( to which his majestie is no partie ) concerning the militia or any other thing , to do or execute what is not warranted by those laws , his maiestie being resolved to keep the laws himself , and to require obedience to them from all his subiects . and his maiestie once more recommends to his parliament the substance of his message of the twentieth of january last , that they compose and digest , with all speed , such acts as they shall think fit , for the present and future establishment of their priviledges ; the free and quiet enioying their estates and fortunes ; the liberties of their persons ; the security of the true religion now professed in the church of england ; the maintaining his maiesties regall and iust authority , and setling his revenue ; his maiestie being most desirous to take all fitting and iust wayes , which may beget a happy understanding between him and his parliament , in which he conceives his greatest power and riches doth consist . ¶ imprinted at york by robert barker , printer to the kings most excellent majestie : and by the assignes of john bill . . the case of the common-wealth of england stated, or, the equity, utility, and necessity of a submission to the present government cleared out of monuments both sacred and civill, against all the scruples and pretences of the opposite parties, viz. royallists, scots, presbyterians, levellers : wherein is discovered severally the vanity of their designes, together with the improbability of their successe and inconveniences which must follow (should either of them take effect) to the extreme prejudice of the nation : two parts : with a discourse of the excellencie of a free-state above a kingly-government / by marchamont nedham, gent. nedham, marchamont, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing n ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing n estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the case of the common-wealth of england stated, or, the equity, utility, and necessity of a submission to the present government cleared out of monuments both sacred and civill, against all the scruples and pretences of the opposite parties, viz. royallists, scots, presbyterians, levellers : wherein is discovered severally the vanity of their designes, together with the improbability of their successe and inconveniences which must follow (should either of them take effect) to the extreme prejudice of the nation : two parts : with a discourse of the excellencie of a free-state above a kingly-government / by marchamont nedham, gent. nedham, marchamont, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing n ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread [ ], [i.e. ] p. printed for e. blackmore and b. lowndes ..., london : . "an appendix, added out of salmasius and m. hobbs": p. - . contains numerous errors in pagination. imperfect: print show-through with loss of print. reproduction of original in the union theological seminary library, new york. includes bibliographical references. eng great britain -- history -- commonwealth and protectorate, - . great britain -- politics and government -- - . a r (wing n ). civilwar no the case of the common-vvealth of england, stated: or, the equity, utility, and necessity, of a submission to the present government; cleare nedham, marchamont d the rate of defects per , words puts this text in the d category of texts with between and defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - john latta sampled and proofread - john latta text and markup reviewed and edited - pfs batch review (qc) and xml conversion the case of the common-wealth of england , stated : or , the equity , vtility , and necessity , of a submission to the present government ; cleared out of monuments both sacred and civill , against all the scruples and pretences of the opposite parties ; viz. royallists , scots , presbyterians , levellers . wherein is discovered severally , the vanity of their designes , together with the improbability of their successe , and inconveniences which must follow , ( should either of them take effect ) to the extreme prejudice of the nation . tvvo parts . with a discourse of the excellencie of a free-state , above a kingly-government . the second edition , with additions , collected out of salmasius his defensio regia , and m. hobbs de corpore politico . by marchamont nedham , gent. salustius . incredebile est memoratu , quantum adeptâ libertate , in brevi romana civitas creverit . fr. guicciard . histor. lib. . liberae civitates deo summoperè placent ; cò quòd in iis , magis quàm in alio genere rerumpub . commune bonum conservetur , jus suum cuique aequaliter distibuatur , civium animi vehementiùs ad virtutem & laudem accendantur , religio colatur , sacra peragantur . london , printed for e. blackmore , and r. lowndes . . to the reader . perhaps thou art of an opinion contrary to what is here written : i confesse , that for a time i my self was so too , till some causes made me to reflect with an impartiall eye upon the affairs of this new government . hereupon , beginning seriously to search into the nature of it , with the many pleas and objections made against it ; and supposing those learned men who wrote before these times , were most likely to speak truth , as being un-interested in our affairs , and un-concerned in the controversie , i took a view of their reasons and iudgments ; and from thence made so many collections , that putting them in order , and comparing all together , they soon made a conquest over me and my opinion . i know the high talkers , the lighter and censorious part of people , wil shoot many a bitter arrow to wound my reputation , and charge me with levity and inconstancy , because i am not obstinate like themselves , against conscience , right reason , necessity , the custome of all nations , and the peace of our own . but this sort of men i reckon inter bruta animantia ; among whom to do well is to hear ill ; who usually speak amisse of those things that they do not , or will not understand . from them therefore i appeale to the great tribunall , where it is known i have in this dealt faithfully ; and to the more sober intelligences , here below , with whom these papers must needs find the more free entertainment , because free from partiality , and the least tincture of faction . and that they may be the fitter to walk abroad in the world , i have divided them into two parts , and accommodated them with a method , suitable to those two parties whereof the world consists ; viz. the conscientious man , and the worldling . the former wil approve nothing but what is just and equitable ; and therefore i have labored to satisfie him ( as i have done my self ) touching the justice of submission : the latter will imbrace any thing , so it make for his profit ; and therefore i have shewn him the inconveniences and dangers , that will follow his opposition of a settlement . now , though the other should continue obstinate in their erroneous pretences ; yet of this latter sort , i dare promise my self an abundance of proselytes , the greater part of the world being led more by appetites of convenience and commodity , than the dictates of conscience : and it is a more current way of perswasion , by telling men what will be profitable and convenient for them to do , than what they ought to do . but prethee read , and then do what thou list : i have onely one word more ; & that is to our modern pharisee , the consciencious pretender , and principall disturber of the publique peace . if hee will not be convinced by so clear testimonies , but raise more dust about our ears , to amaze the people , it must be concluded ; that all this noise of church-reformation , conscience , and covenant , is a mere malicious designe to drive on a faction , for the casting down of our present governers , that they may set up themselves in the seat of authority . — farewell , and be wise . being convinced of the truth of these things , i conceive my self obliged , to shew others the same way of satisfaction . the contents of the first part. chap. i. that governments have their revolutions , and fatall periods . chap. ii. that the power of the sword is , and ever hath been , the foundation of all titles to government . chap. iii. that non-submission to government justly deprives men of the benefit of its protection . chap. iv. that a government erected by a prevailing part of the people , is as valid de iure , as if it had the ratifying consent of the whole . chap. v. that the oath of allegiance , and covenant , are no justifiable grounds to raise a new war , in , or against the common-wealth of england . the intent of the first part is , to prove the necessity and equity : of the second , to manifest the utility and benefit of a submission . the case of the common-wealth , stated . part i. chap. i. that governments have their revolutions and fatall periods . the best of preachers , solomon , taking the world for his text , found no other application could be made of it then this , that all under the sun is vanity ; and this he proveth ( as did the wisest of philosophers ) by the perpetuall rotation of all things in a circle , from * generation to corruption . inest rebus cunctis quidam velut orbis , &c. there is ( saith tacitus ) as it were a wheeling of all things , and a revolution of manners as well as times . nor are the huge bodies of common-wealths exempted from the same fate with plants , brutes , men , and other petty individuals ; and this by a certain destiny , or decree of nature , who in all her productions , makes the second moment of their perfection , the first toward their dissolution . this was observed to our purpose in the present case , by the master of roman eloquence , idipsum à platone , philosophiâque didici , naturales esse conversiones rerumpub . ut eae tum à principibus teneantur , tum à populo , tum à singulis . i have learned ( saith he ) out of plato's philosophy , that commonweals are altered by turnes into the severall formes of government , aristocracy , democracy , and monarchy . nor can any reason be given for it , besides those rapid hurricanoes of fatall necessity , which blow upon our affaires from all points of the compasse , — sicut variae nascentibus — contingunt pueris animae , sic urbibus affert hora , diésque , suum , cum primùm maenia surgunt , aut genium , aut fatum . — — certum est & inevitabile fatum . quod — ratio vincere nulla potest ; quodque — omnia certo fine gubernat . — sic omnia verti cernimus , atque , alias assumere pondera gentes ; concidere has . — the english of all is , that as men are borne into the world with soules ; so cities have a fate or genius given them , at the first founding of their walls ; and this fate is so sure and inevitable , that no reason or wit of man can conquer it , but it directs all things to the appointed end . now that you may understand what fate is , minucius felix calls it , quod de unoquoque , nostrum fatus est deus , that which god hath spoken or determined concerning every man . it is ( saith seneca ) that providence which pulls downe one kingdome or government , and sets up another ; nor is this done leisurely , and by degrees , but it hurles the powers of the world on a sudden , from the highest pinnacle of glory , to nothing . hence it is , saith the same author , ( almost in the language of scripture ) that a kingdom is translated from one family to another , the causes whereof are lockt up in the cabinet of the deity , though holy writ hath left the main cause of such changes upon record , viz. the wickednesse and injustice of rulers . it is the weight of sinne , which causeth those fatall circumvolutions in the vast frame of the world ; all things being as changeable as the moon , and in a perpetuall flux , and reflux , like the tides that follow her motion ; so that what hath been is that which shall be , and there is no new thing under the sun . it was the weight of sin which sunk the old world in a deluge , and hath been the occasion ( no doubt ) of all succeeding alterations , by permission of divine providence , who leaves the men of the world to the fulfilling of their lusts , that he may accomplish his own fatalities or degrees by an execution of vengeance . hence it comes to passe , that the best established and mightiest governments of the world have been but temporary ; witnesse the foure great monarchies , the assyrian , the persian , the grecian , and the roman ; and the time or age of a government hath by some been reputed * for the most part . years . as for example , the assyrian empire lasted . years , till it was ruined by the medos and persians . the athenian , from their first king cecrops to codrus the last , continued . years , and then it was translated to a populan government . the lacedemonian common-wealth flourished much about the same number of yeares , from the time of their founder ly●urgus , to the dayes of alexander the great , under whom it fell . the roman was governed by consuls about . years too , from the expulsion of their kings , till it was reduced again into a monarchy by augustus . after augustus it stood in this form , about . years more , under emperors , till valentinian , the last emperor of the west , was slain at rome , at which time the empire was rent in pieces . the vandals , under the conduct of gensericus , possessed themselves first of france , then of spain , at length of africk , and in italy of rome it self . the scots and english shook off the imperiall yoke in britain . the burgundians and franks seized part of france . the gothes another part of it , and part of italy , the country of aquitain , with the seats of the ancient cantabrians and celliberians in spain , whilst the lombards laid hold on gallia cisalpina . by which means , the emperors had no certain power in the west , after the time of valentinian ; so that relinquishing rome , the old imperiall city , they erected an exarchate at ravenna , which was soon destroyed likewise by the lombards . now , though . years be reputed the usuall period of governments ; yet some have not atteined above half the number : as the persian monarchy , which from cyrus the first to darius the last , florished no longer then about . years . the grecian having completed . after many struglings and bloudy bickerings betwixt the competitors , was divided into the severall kindomes of macedonia , syria , pontus and egypt . the * kingly government of the romans was abolished , near the one hundred and fiftieth year after its institution . the lombards domineered in italy . years , till they were subdued by charlemain , and their last king desiderius banished with his wife and children . but this is not all ; i can tell you of many royall families and famous governments , that have had their fatall periods in a very short revolution of time , not exceeding . years . as , in the one hundreth year after the empire of augustus , the roman government came into the hands of princes that were strangers , as nerva , trajan , adrian , by nation spaniards . in the yeer of our lord , . artaxerxes erected a new kingdom of the persians out of the ruines of the parthians . in the year . the roman empire was committed to the tutelage of princes christian , as constantius and constantine the great . anno domini . divers new kingdoms were raised out of the ashes of the empire , inflamed by divisions , viz. in italy , france , spain , africk , asla and england . anno . the western part of the roman empire was extinct , untill the time of charlemain , and swallowed up at constantinople in the grecian . i could reckon up many more of these short-liv'd governments . but this may suffice to shew , that ( sooner or later ) they all have their fatall periods ; their crownes are laid in the dust , and their glories buried in the grave of oblivion . no wonder then , if our english monarchy , having arrived to almost . years since the conquest , should now ( according to the common fate of all other governments ) resigne up her interest to some other power , family , or form . the late commotions and contests betwixt king and parliament , were as so many sharp fits and feaverish distempers ( which by a kind of antiperistasis are ever most violent in old age ) upon the approaching instants of dissolution . the corruption of the old form hath proved the generation of another , which is already setled in a way visible and most substantiall before all the world ; so that 't is not to be doubted but ( in despight of * opposition ) it will have a reason of continuance ( as others have had ) according to the proportion of time allotted by divine providence . and this i am the more apt to believe , in regard of its confirmation by a continued series of many signal victories and successes , to the envie of all opposers , and amazement of the world : besides , i suppose it cannot be exemplified in history , that ever kings were suddenly re-admitted , after they had been once expelled out of a nation . if any one case of this kind may be produced , there are a hundred to the contrary : so that if it be considered likewise , how the worm works in many parts of europe , to cast off the regall yoke ( especially in france , scotland , ireland , and other places ) it must needs be as much madnesse to strive against the stream for the upholding of a power cast down by the almighty , as it were for the old sons of earth to heap up mountains against heaven . and when all is done , * we shall find it but labour in vain ; that we have but fortified castles in the aire against fatall necessity , to maintain a phant'sie of pretended loyalty ; the consequence whereof will be , that at length in coole blood we may have leisure to consider , how foolishly we have hazarded our lives and fortunes , and sacrificed the lives of others , with the common good and peace of the nation , for the satisfying of an opinionated humor . cap. ii. that the power of the sword is , and ever hath been the foundation of all titles to government . to cleare this , we need do no more but take a review of those governments mentioned in the former chapter , in their rise and revolutions . the world , after the flood , in time grew more populous ; & more exceeding vitious , being inclined to rapine , ambition , &c. so that the pater familiar way of government being insufficient to correct those grand enormities , there was need of some one more potent then the rest , that might restraine them by force . upon which ground it was , that nimrod , first of all men , complotted a new and arbitrary way of government , backing it with power by a party of his owne , that those crimes which could not be cured by perswasion , might be cut off by compulsion ; and that by a power seated in his own sword and will , he might oppose the wilfulnesse of others : but he , afterwards abusing this power , by stretching his own will too far over other men's wills , to the prejudice of their wel-being , and oppression of the church , became the first tyrant in the world ; and therefore was called a mighty hunter , as having used his power to no other end , but to lay the foundations of idolatry , and tyranny . thus you see the power of the sword to be the original of the first monarchy , and indeed the first politicall form of government that ever was ; for the maintenance whereof he fortified himself in the lofty tower of babel , the beginning of the babylonian or assyrian government , which last name it took under ninus , and from him continued in a succession of . kings , down to sardanapalus ; who was overcome in battel by a conspiracy of his capta●ns ; among whom arbaces the governor of media being chief , reigned in his stead , & by his sword translated the title into his own family , from the assyrians to the medes ; with whom it continued in a succession of . princes , till the sword made king astyages give a surrender to cyrus the persian , the last of whose successors , darius , yeelded it up upon the same termes to alexander the great , who erected the grand monarchy of the gr●cians . king philip , the father of this alexander , was confined at first within the narrow compasse of macedonia , too narrow for his ambition ; and therefore by fomenting quarrels betwixt the thebans , phocians , lacedemonians and athenians , he found means to undermine them one after another , and by his sword made way for a title , through those petty common-weals , to the monarchy of greece ; which being improved the same way by his son to the dominion of the whole world , was lost again to the romans by king perseus , the last of the macedonians ; all whose glories , with those of his predecessors , served in the end only to aggravate his misfortunes , and magnifie the triumphs of a roman consul . but the title to that of macedonia and the other provinces had been lost from the family of alexander above . years before , it being immediately upon his death bandied by the great men of his army , and his mother , wives , and children slain by cassander ; who , with antigonus , seleucus , and ptolomie , having by conquest rid their hands of all other competitors , shared the empire between themselves , cassander reigning in macedonia , antigonus in asia , seleucus in syria , and ptolomie in egypt ; all whose successors successively resigned their titles ( as did perseus the last successor of cassander ) to the sword of the romans . if we look to the originall of the romans , we find romulus and his successors , founding a kingdom upon the ruins of their kindred , friends and neighbors . next , the kingly title gained by the sword and subtilty , was the same way derived to divers of the kings , and at length extinguish'd in tarquin by the sword of the senate ; wherewith they drave , and kept him out of his dominions , and made a title to those also of other nations , so far , that in the end they entituled themselves lords of the whole earth , and so continued , till caesar wresting the sword out of their hands , became master both of it and them : most of the successors of caesar likewise made way by the sword to the imperiall chaire ; as augustus by the ruine of lepidus and conquest of anthony ; claudius , nero , and most of the rest , by policy , murther , and the favor of the soldiery . at length the sword divided the empire into east and west , and in the same manner likewise each of them suffered many titular subdivisions , till new titles were raised in the west , by the sword of the gothes and vandals ; in the east , by the turks and saracens . if this be not obvious enough out of profane histories , take a view of those in holy writ , where you shall find the sword the onely disposer , and dispenser of titles to common-weals and kingdomes . we find jacob on his death-bed , bequeathing one portion to joseph , above the rest of his brethren ; and that was a parcell which he took out of the hand of the amorite with his sword , and with his bow ; unto which parcell the scripture mentions not any title that jacob had , but by his sword . and as for the title which his posterity had unto the land of canaan , though it were allotted them by divine promise and dispensation ; yet ( as to the eye of the world ) they were to lay claime and take possession by the power of the sword , and so accordingly they received commission to ratifie their title , by a conquest of the canaanites ; after which , jure gentium , it became for ever unquestionable . in the history of the kings of israel , we read , that most of their titles have been founded upon powerfull usurpation : such was that of ieroboam ; who though the kingdome were designed to him by a declaration from heaven in the mouth of the prophet , erred notwithstanding in his over-speedy invading the soveraignty by force ; and that act of his is branded with the black character of rebellion . yet being thus gotten into the throne , god would not suffer him to be disturbed , saying , the thing was from him ; that is , by his permission ; and so he that was a traytor in rebellion , being once invested by a meer permissive act of providence , came to have a positive right , to the prejudice of him that was his soveraigne , and to the exercise of jurisdiction over those , that had been of late his fellow-subjects . after jeroboam reigned his son nadab , who was conquered and slaine in battell at gibbethon , by baasha , who with his sword setled the crown upon his owne head , which was worn afterward by his sonne elab , till he likewise was slain , and the crown by force of arms usurped by zimri ; from whom also it was snatched in the same manner by omri ; who died peaceably , and left the succession to his son ahab , without the least scruple all this while on the peoples part , in point of submission and obedience to these usurped powers . adde to these usurpations that of nebuchadnezzar over the holy city , which he took by force of armes , and carried away many of the jewes , with their king jehoiakim into captivity to babylon ; an action as full of injustice and cruelty as most that we read of : yet nebuchadnezzar being once in possession by conquest , his title became right and good ; as may appear by the report given concerning zedekiah the successor of jehoiakim , of whom it is said , that he rebelled against nebuchadnezzar ; which implies an investiture of right in nebuchadnezzar by the sword , or els that resistance of zedekiah could not be called rebellion . to come a little nearer , and give you a sight of this truth in moderne practises , it will be very convenient a little to examine the rights and titles of present princes to their severall principalities within christendome ; whom if we trace up to their originalls , we shall find ▪ to have no other dependance then upon the sword . what pretence had ferdinand the spaniard to seize upon the kingdome of navarre , but onely to satisfie the spleen of pope julius d . and his owne ambition against the french ? for which cause to make his way the easier , he set upon john albret unawares , and forced him with his queen and children quite out of his dominions ; which he afterward held in possession , and brought the people under his allegance . in the same manner , philip the second , with an army under the command of the duke of alva , set upon don antonio king of portugall , and after he had subdued the kingdome , laid claime to the crown as his owne by right ; which he and his successors held , till that now of late , in the reigne of philip the fourth it was recovered againe by the sword of don john of braganz●● . fair titles to the succession were pretended on both sides ; but if either have the better this way , it must be don john , as being descended from edward , a third sonne , whereas the spaniard descends from elizabeth , the youngest daughter , of emanuel king of portugall . yet it seems possession hath hitherto been held the best title , and the portugalls having of late outed the spaniard , made bold to stop his mouth with this answer : that his predecessor philip d . had no right to the crowne , it being contrary to their fundamentall lawes , that any foreiner should succeed in the kingdome : and that it was lawfull for a kingdome oppressed by armes , by armes againe to recover its ancient liberty : which is enough to shew , that the spaniard neither had , nor hath any title , beside his sword , to lay claim to the kingdom of portugall . that arragon was fairly annexed to the crown of castile , by the marriage of ferdinand and isabella , cannot be denied ; yet it is notorious to all the world , that the spaniard hath since this union , usurped much more in arragon by force , then his predecessors injoyed before by right , and dealt no otherwise with that kingdome , then if it were his by conquest , exercising an absolute tyranny therein , as well as other his dominions . to this end he abolished the ancient and most excellent constitution of that eminent office , called , the justice of arragon ; whereto some one person was chosen by the vote of the people , who in most cases had a power to controll the king . this was so great an eye-sore to philip the second , that ( as petrus matthaeus saith ) he number'd these among the most glorious of his actions , that he had lessened the power of the arragonians , deprived them of their greatest priviledges , and demolished that grand office , called , the justice , the bulwark of their liberty : so that what title the spaniard now hath to tyrannize in arragon , is founded onely upon force and usurpation . if we turne our eyes likewise upon his other dominions , in america , and those here in europe , as sicily , naples , milain , flanders , &c. his title stands in all upon the same termes , viz. a possession by the power of the sword . and this is just as much right as his kinsman the emperour had to lay claim to the kingdome of bohemia , and afterward to seize upon the palatinate ; bohemia being an elective kingdome that had power of themselves to choose whom they pleased for king , and so made choice of the prince elector frederick , whom the emperor made bold to drive out of that and his own countrey by force of arms , because he accepted of the election ; and not onely so , but after frederick was dead , prosecuted the warre , to the prejudice of his heire , the present pr. elector , whom he hath constrained to quit his dignity of the first electorship , and resigne it , with the best part of his dominions , upon hard termes , to the duke of bavaria ; so that what title the emperour hath to bohemia , and the duke to the rest , is derived rather from the sword of mars , than the scepter of iove by right of succession . this act of violence against the prince elector gave an alarm to the other protestant princes of germany , to defend their estates by armes from the incroachments of the emperour ; and therefore to avoid the inconveniences of emulation between themselves , they made choice of the swede to be their chief ; who , moved partly by the common interest of religion , but especially for severall injuries done him by the emperour , ( as may be read in that king's manifesto ) undertook the warre , and with his sword hath carved out a title to many fair countries and priviledges within the empire . what title have the swisses , the hollanders , geneva , &c. to their liberty , but the sword ? on the other side , what title have the medices to domineer over the free states of florence , and siena , to the utter ruine of their liberties , but only force ? whereby cosmus introducing an absolute tyranny , under the name of duke made himselfe more than a king , and ( in emulation of the muscovite ) glorified his successors with the stile of great dukes of tuscany . how the pope's temporal power ( which was once so small ) in italy , came to be thus considerable , is easily known , if we take an accompt of the actions of alexander the sixth , who , of all the popes that ever were , shewed what a pope was able to doe with money and armes , and having a mind to make his sonne caesar borgia , a prince in italy , he taught him how to make use of the french forces to build himselfe a fortune in romania , upon the ruine of the barons of that country . and though the pope's intent thereby was not to inlarge the church-dominions , but to make his son great ; yet after his sons death , it turned to the churches advantage , the succeeding pope seizing upon all , as heire of borgia's usurpations , founded upon blood and treachery . after this pope succeeded iulius , who finding the church thus made great , the barons of ●ome quite extinct , and their parties worn out by alexanders persecutions , found also the way open for heaping up moneyes , never practised before alexanders time ; wherewith acquiring forces , he endeavoured to make himselfe master also of bolonia , to extinguish the venetians , and chase the french out of italy ; in most of which designes he gained happy successe . and thus you see , how his holinesse himselfe came by a title to his temporall possessions ; yet as among the iewes , none but the high priest might enter the sanctum sanctorum , so the roman high priest , that none might presume to enter upon his territories , hath ever since gilded these magna latrocinia , these great robberies , with the faire title of saint peters patrimony ; so that having intailed it on himselfe first by the sword of peter , it hath been the easier ever since by vertue of the keyes , to lock the right owners out of possession . out of italy let us passe into france , and there we finde charles the seventh , who , when his title to the crowne was adjudged in parliament lesse valid , than that of the queen of england , appealed to his * sword , as the only protector and patron of titles . of this truth the realme of france is a most sad example at this day , where the tyranny of their kings is founded and preserved by force , not only upon the shoulders of the peasant , but on the destruction of their ancient princes , and the majesty of parliament ; which retaines not so much as a shadow of their old liberty . what is become of the dutchies of normandy , britany , aquitaine , burgundy , & c. ? what title had the french kings to those countries , til . they worm'd and worried out the right owners by force of armes ? what claim had they to this absolute domination over parliaments , but tyrannicall usurpation ? yet lewis the † eleventh gloried in the action , as if the fleurs de lys never flourished so well , as when they were watered with the blood and tears of the people . for , according to the antient constitution , that kingdome retained a mixture of aristocratical power ; so that the then supreme court of parliament at paris had a principall share in the government , and nothing was imposed on the people , but by the consent of their deputies : but now , having been mined out of their authority by the powerfull incroachments of their kings , and being overawed by armed powers held continually in pay for the purpose , their authority is defunct , and their common interest in the affairs of the publique translated into a private councell d' estat , which depends upon the meer will of the king : and so the parliament of paris , which was once the supreme councel , having surrendred its title to the sword of the king , serves now onely for a petty court of judicature , and a meer mock-show of majesty — thus we see the french king's title to what he holds at home ; and if we look abroad , he hath but the same right to what he got in catalonia and flanders : and yet we must needs say , it is as good every jot as that of the spaniard , whose best plea is , that his theeveries there have been of a longer prescription : and upon the same termes , of late years , they have both laine at catch for the dutchy of savoy , and severall parcells of germany . here likewise i might sift the title of the family of oldenburgh ( the stock of the late king ) to the crown of denmark , and of denmark it self to the dutchy of holstein , but to bring this discourse to a period , i shall draw nearer home , and make it as clearly appear likewise ; that the power of the sword ever hath been the foundation of all titles to government in england , both before , and since the norman conquest . first , the sword of caesar triumphed over the liberties of the poor britaines , and gave the romans here a title to their dominion . afterwards , their liberty returning again , when the roman empire fell to pieces , a new title was setled by the sword of our progenitors the saxons , who submitted for a time , upon the same terms also , to the danes , till the saxons , impatient of the yoke , out-acted ( by way of precedent ) the parisian massacre , or sicilian vespers , and made use of their knives , instead of their swords , to recover their own title against the danish tyranny . now , if in these nationall revolutions of government , i should examine those also of the regall families , we cannot from any examples produce more pregnant instances , concerning the transitions of title from family to family , meerly upon the accompt of the sword : but i wave those , and will take a view of our own affairs at a lesse remote distance , and see whether william the conquerour translated the government , upon any better terms into the hands of the normans . and upon examination it appears , he had no better title to england , then the rest before mentioned had at first to their severall countries , or than his predecessor rollo had to normandy it self . for , about . years before , it hapned that this rollo issued in the head of a barbarous rout , out of denmark and norway ; first , into the dutchies of frize and henault ; afterward he seated himself by force in the possession of rohan ; in a short time of all normandy , and missed but a little of the conquest of paris . from him , this william was the sixth duke of normandy ; who , though a bastard , legitimated his title , by the successe of severall battels , against six or seven of his competitors , more clear in bloud than himself ; by which means having secured his claim at home , he became the more confident to tempt his fortune with a design upon england . as for any right to the crown , he had none , save a frivolous testamentary title , pretending that it was bequeathed to him by the last will of his kinsman , k. edward the confessor , upon which pretence he betook himself to armes , and with a collection of forces out of normandy , france , flanders , and other countries , landing in sussex , he gave battel at hastings , and established himself a title by conquest upon the destruction of king harold , and of the * laws and liberties of the nation , as may be seen in all our chronicles . after him , his sonnes , the two succeding kings , william rufus , and henry the first , made good their succession by the sword , against robert , their elder brother , as did king stephen a stranger against maud the empresse , the right heire of that henry . next to stephen succeeded henry the second , the son of maud , who , as heir of his predecessors way of usurpation , quarter'd the armes of england with the lordship of ireland , by the sword ; as his successor edward the first , by the same means , cemented the principality of wales to the kingdome of england , with the blood of leoline and his brother david , the last of the welch princes . next , edward the second was forced by armes to surrender his right to his sonne edward the third , whose grand-child richard the second was in like manner by force of armes deprived by henry of lancaster , whose sonne henry the fifth made good not onely that title , but craved out a new one with his sword to the crown of france , in defiance of the salick constitution ; and left it so confirmed unto his sonne henry the sixth , that he was crowned king of france at paris , and so continued , till ( fortune turning ) his title was cancell'd there by the sword of the french , as it was likewise in england by that of edward the fourth ; whose sonne edward the fifth left the crown in the bloody hands of richard the third , from whence it was wrested by henry the seventh . this henry ( from whom the late king derived his claime ) came in with an army , and ( as one hath well observed ) by meer power was made king in the army , and by the army ; so that in the very field where he got the victory , the crown was set upon his head , and there he gave knighthood to many of his commanders . upon this foundation of military power , he got himself afterwards solemnly crowned at westminster . and soon after , upon authority thus gotten , he called a parliament , and in that parliament was the crown entailed upon him and his heirs . thus both his crown and his parliament were founded upon power : as for any just title , he could have none ; for , he descended from a bastard of john of gaunt , which ( though legitimated for common inheritances , yet ) expresly was excluded from succession to the crown . and for his wives title , that came in after his kingship , and his parliament , which had setled the crown before upon him and his heirs . and he was so far from exercising authority in her right , that her name is not used in any laws , as queen mary's was , both before and after her marriage with the spanish king . now , having made it evident out of the histories of all times , our own , and other nations , that the power of the sword ever hath been the foundation of titles to government , it is as clear likewise out of the same histories , that the people never presumed to spurne at those powers , but ( for publique peace and quiet ) paid a patient submission to them , under their various revolutions . but it were vain to raise more dust out of the cobwebs of antiquity in so limpid a case , confirmed by the practises of all nations : look nearer our own times into the warres of germany , and those betwixt the french and spanish of late time in catalonia and flanders ; one while you might have seen the same town uuder the power of the emperour , another while under the swede ; this year under the french , the next under the spaniard , and upon every new alteration , without scruple , paying a new allegiance and submission , and never so much as blamed for it by the divines of their own , or any other nation . moreover , none can deny , but that as henry the seventh , and the rest before mentioned , came into this kingdome by meer power , without title of inheritance ; so the whole body of this nation ( as one observes ) swore fealty and allegiance to them , and obeyed them whilst they ruled ; yea , doth yeeld subjection to those laws until this very day . and the learned in the laws do continually plead , judge , justifie , and condemn , according to those laws ; so that herein the very voice of the nation , with one consent , seems to speak aloud : that those whose title is supposed unlawfull , and founded meerly upon force , yet being possessed of authority , may lawfully be obeyed . nor may they onely , but they must , else by the judgement of civilians , such as refuse may be punished as seditious and trayterous ; the victors being ever allowed ( jure gentium ) to use all means for securing what they have gotten , and to exercise a right of dominion over the conquer'd party . whosoever therefore shall refuse submission to an established government , upon pretence of conscience , in regard of former allegiances . oaths and covenants ; or upon su●position that it is by the sword unlawfully erected , deserves none but the character of peevish , and a man obstinate against the reason and custome of the whole world . let his pretence be what it will , resistance , in the eye of the law of nations , is treason ; and if he will needs perish in the flames of his own phren'tick zeal , he can at the best be reckoned but the mad-mans saint , and the fool's martyr . nescio an anticyram ratio illi destinet omnem . chap. iii. that non-submission to government justly deprives men of the benefit of its protection . if at any time it seem good to the wise disposer of states and kingdoms ( who puts down one , and sets up another ) to permit the expulsion of such as were formerly in possession , and admit others in their places , it cannot in reason be expected , that those which refuse obedience to their authority shall receive the benefit of protection ; and that for severall considerations . first , because protection implyes a return of obedience and friendship , from the persons protected , to those that protect them ; otherwise they put themselves into the condition of enemies , and by the law of nations , which indulges a liberty unto all that are in power to provide for their own security , they may be handled as publique enemies , and out-lawes ; wherefore in this case , so little of protection is due to them , that they may be punished as traitors , by some shamefull execution . and it appears out of grotius , in case of non-submission , to new lords after a victory , the throats of every re●user are wholly at their mercy ; and all this , de jure . secondly ▪ there being a necessity of some government at all times , for the maintenance of civill conversation , and to avoid confusion , therefore such as will not submit , because they cannot have such a governour as themselves like , are in some sense meer anarchists , and destroy the two main ends of all civill communion : the first whereof aristotle sets down to be publique safety , in relation whereunto each member of the commonwealth is concerned to have a care of the whole : the second is publique equity , for the administration of justice , encouragement of vertue , and punishment of vice , without which it 's impossible to enjoy peace or happinesse . where this humour reignes , there those two can never be secured , nor any politicall ●●taxi● , good order , or tranquillity maintained , which is the very soul of government ; forasmuch as ( say the civilians ) the essence of a common-weal consists , ratione imperandi & parendi ; in imperii & subjectionis rectâ ordinatione , in a due course of commanding and obeying , rule and subjection : from whence ( say they ) we may conclude . regere & subjici ; that rule and su●bjection are founded upon the law both of god and nature , and they must needs be transgressors against both , that upon any pretence whatsoever shall refuse to obey those powers that are set over them , and open a gap to confusion , ipsa tyrannide deteriorem , of far worse consequence than any tyrannicall usurpation . thirdly , private and particular persons have no right to question how those came by their power that are in authority over them ; for , if that were once admitted , there would be no end of disputes in the world touching titles . it is ground enough for the submission of particular persons in things of politicall equity , that those which have gotten the power are irresistable , and able to force it if they refuse : for , as touching this case ( saith the most excellent grotius ) private persons ought not to take upon them to meddle with these controversies in point of title , but rather to follow them that are in possession . for , all power is from god ; and , our saviour told pilate , the power that he had was given him from above , though all the world knows that pilate was but a deputy-governour , and ( in a civill acceptation ) received his power from caesar , who was an usurper . to this accords that of bodinus . de repub. cap. . who saith , that all governments are lawfull in respect of the first cause , viz. god ; but on the othor side , if we regard secondary causes , all governments have had their beginning and foundation upon force and violence . now , since all commanding powers hold their supremacy from god , and that by the law of nations , they have a right to exercise their power over those whom they hold in possession ; therefore by the law of god ( which damnes resistance against those powers ) and by the same law of nations , they which refuse submission to those powers , ( be they just or unjust by way of acquisition ) may be justly deprived of their possessions and protection . to those testimonies before cited , let me adde one more , to conclude out of bocerus : contra rempublicam quamcunque , superiorem non rccognoscentem , si quis aliquid moliatur ; is , ut criminis majestatis reus puniatur : non quidem ex l●ge julia ; sed jure gentibus communi , quod cujuslibet imperantis tuctur majestatem . if any man attempt ought against any common-wealth whatsoever , that acknowledges no superiour , he may be punished as guilty of treason : and this , by the custome and law of nations , which provides for the authority and safety of all that are in power . now ( saith the same author ) if any person will not acknowledge , nor submit to those that rule the common-wealth , it is to be presumed that he hath some designe in hand to their prejudice , and he may be punished accordingly ; which punishment ( the crime being treason ) amounts to losse of life , as well as possession and protection . chap. iv. that a government erected by a prevailing part of the people is as valid de jure , us if it had the ratifying consent of the whole . since after the miserable confusions of a civill war , there is in the end a necessity of some settlement , it cannot in reason be imagined ( when the controversie is decided by the sword ) that the conquerours should , as to the manner of settlement , submit to the will of the conquered party , though more in number than themselves ; nor are they obliged to settle the government again , according to the former lawes and constitutions , but may , in this case , use such means as * nature instructs them in , and erect such a form as they themselves conceive most convenient for their own preservation . to this truth we have the testimony of the most learned grotius , which i wil set down at large . in bello civili , scripta quidem jura , id est civilia , non valent ; at valent non scripta , id est , quae natura dictat , aut gentium consensus constituit . in a civil war , ( saith he ) written laws , that is , the established laws of a nation , are of no force , but those only which are not written , that is , which are agreeable to the dictates of nature , or the law and custom of nations . and then that only is law ( saith he ) which shall be declared by the prevailing party . jus dicitur esse id quod validiori placuit , ut intelligamus fine suo carere jus , nisi vires ministras habeat . that onely which it pleaseth the stronger party to enact is said to be law , since it cannot accomplish the outward end of a law , except it be attended by force to constrain obedience . hence came it ( saith the florentine secretary . ) that all the prophets that were arm'd , prevailed ; but those that were unarm'd were too weak . and therefore it behaves all legislators to be so provided , that if the people will not be ruled , they may compell them by force . moses , cyrus , theseus , and romulus , would never have been able long to continue the authority of their laws , had they been without arms at command . and solon himself , the great athenian law-giver , declares , he could never have established his laws at athens , had he not had power to second them ; and that all those great matters which he effected in founding a common-wealth , he did , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . by coupling law and force , making authority and power walk hand in hand together . moreover , as to the late contest betwixt king and parliament , grotius speaks very home to justifie the parliaments late proceedings in positive terms : si rex partem habeat summi imperii , partem alteram populus aut senatus , regi in partem non suam involanti , vis justa opponi poterit , quia eatenus imperium non habet : quod ubi fit , potest rex etiam suam imperii partem belli jure amittere ; that is in english , if the authority be divided betwixt a king and his people in parliament , so that the king hath one part , the people another ; the king offering to incroach upon that part which is none of his , may lawfully be opposed by force of arms , because he exceeds the bounds of his authority . and not only so , but he may lose his own part likewise , by the * law of arms . from whence i plainly infer ; that if a king may thus , by right of war , lose his share and interest in authority and power , being conquered ; then on the other side , by right of war , the whole must needs reside in that part of the people which prevailed over him , there being no middle power to make any claim : and so the consequence is clear likewise . that the whole right of kingly authority being by military decision resolved into the prevailing party , what government so ever it pleases them next to erect , is as valid de jure , as if it had the consent of the whole body of the people . these premises thus laid upon a sure ground , shew the weaknesse of his , who wrote that so much magnified pamphlet , entituled , [ an exercitation concerning vsurped powers , &c. ] for the designe of that gilded structure , raised upon the sandy foundation of a false hypothesis , is , obliquely to charge the present powers in england as vsurpers , though he have laid the scene in america . to this purpose , he spends his first chapter ; where telling what vsurpation is , he defines it an intrusion into the seat of authority , without any lawfull right , title , or calling ; and insinuates it to the prejudice of the present governers , as if they were guilty of this intrusion , without right or title . in applying this , he first alledgeth , that the right and title to government is in a king , lords , and commons , co-ordinate in power , not in the commons alone . this indeed was true , til the king ( as i shewed before ) lost his title by right of war , and until the lords likewise lost theirs , by compliance with the enemies and invaders of the nation ; for which cause they themselves also , by right of war , forfeited all their interests and priviledges , as enemies ; and so the whose authority devolved naturally into the hands of the commons . but here the exercitator objects also , that the present governers have usurped over the majority of the house of commons , in that they were thrust out of the house by force . but ( for answer ) since by the equity of all laws , accessaries are punishable as well as those that are principall in the crime , therefore by the same right of war , the secluded members also , in adhering to the conquered party ; even after the victory , and favouring the invaders , were justly deprived of their interest , and the supreme † authority descended lawfully to those members , that had the courage to assert their freedoms , secure their own interest , themselves and their adherents , from future inconveniencies , and take the forfeiture of those prerogatives and priviledges of the king lords , and secluded commons , as heirs apparent , by the law of arms , and custom of nations , to an investiture in the whole supremacy . one objection more he hath ; how that a calling from the people , being necessary and essentiall , to a humanely constituted magistracy , our present governors ought to have such a call ; but not having it , they are therefore concluded guilty of vsurpation . this is the summ of the objection , though not syllogistically deciphered . to which i answer : . that if only a call from the people constitute a lawfull magistracy , then there hath very rarely ever been any lawfull magistracy in the world , nor among us long before and since the conquest . the proofe of this may be confirmed by a review of those instances set down before in the second chapter ; where it is evident , that all the world over , most princes came into the seat of authority not only without a call , but absolutely against the wills of the people , and so , many of them exercise the soveraignty to this very day : and particularly , here in england , most of our own kings reigned without any call , but made way by their swords ; there being of those princes that have king'd it among us , not above half a dozen that came to the crowne in an orderly succession , either by lineall or collaterall title : and not any one of those halfe dozen but laid claime to it , by vertue of their predecessors usurpations , without any call from the people ; onely in the investiture they had their consent , because out of a love of publike peace , none would , or out of feare , none durst offer to question their titles . now , if the former part of this objection were true , that a call were the only essentiall , constituting a lawfull government , then it would follow , that as all the world , so we and our ancestors have lived and paid obedience for the most part , under an unlawfull magistracie ; which sure no sober man will affirm . but if any will be so mad as to say it , i only propound to him this sober quaere , why we may not now as lawfully submit to the present magistracy , in case it were unlawfull , as our ancestors did heretofore to theirs , for the publike peace of the nation ? . as to the assumptive part part of this objection , which insinuates , that our present governors have no call or consent of the people , i answer , that if by the consent be meant the consent of the body of the people , or of the major part of their representatives , this may hold requisite in a state not divided by civill war , but at peace within it self ; where it is most consonant to reason , that in case there be occasion to elect a supreme magistrate , or magistrates , the election should be carried by the greater number of voices , in such manner as voices are usually given in that state ; but now in a civil war the case is altered , when the controversie touching government is decided by the sword : for , ipso facto the sword creates a title for him , or those that bear it , and installs them with a new majesty of empire , abolishing the old ; because , as the civilians say , the ancient majesty of a state or common-weal continues no longer , if it be changed either by a greater power , or by consent of the people ; where ( you see ) force and power is put in equall balance with popular consent , in relation to change of government . and as if it were the best pedegree of supremacy , they define the supreme authority to be that which holds claim from god and the sword ; and therefore is also as it were the author of it's owne originall , without dependance on any other ; so that ( say they ) every common-wealth , be it never so small , which acknowledgeth no superior but god and the sword , hath a right of majesty , or politicall supremacy . camman . disput. de iuribus majest. . thes. . . &c. to this accords that of grotius before-recited ; that as in war all other things fall to the conquerors , by way of acquisition ; so likewise a right to govern the people , and even that right also which the people themselves have to government ; so that what government soever it pleases them to erect , the people having lost their right of election to them , must be as valid de iure , as if it had the peoples consent . but as in this case , there is no need of their expresse positive consent to justifie a new goverument ; so a tacit or implied consent is sufficient ; which consent ( as one saith well ) is the very dictate of nature or common reason , because it is better to have some iustice than none at all ; and there is a necessity of some coercive power or government , left all be left to disorder , violence , and confusion , which none ( even of the conquered party ) can be so unnaturall as to desire ; and therefore ( saith * suarez ) they do tacitly consent , that justice be administred by the conquerors , because it is a lesse evill to be governed , by them , than altogether to want due coaction and direction . object . now , ere i conclude this chapter , i must needs wipe away one objection very frequent in the mouthes of many : that this transmission of title by right of war holds good , when nation is ingaged against nation ; but in one single nation within its self it cannot ; because ( say they ) it seems unreasonable that a nation should challenge a conquest over it self . answ . to this i answer , that warlick acquisitions hold as good in civill divisions within the same nation , as in war betwixt nation and nation : for , where a nation is ingaged in a civill war , and divided into parties , the eye of the law of nations looks not on them as one nation , but as two , according to that of grotius : in regno diviso , gens una , pro tempore , quasi duae gentes habentur : in a divided state , one nation , during the time of its nationall divisions , is esteemed as two nations ; so that what preeminence nation may gaine over nation by right of forein war , the same may be obtained likewise by one part of a nation against the other , by right of civill war : and what the forein conqueror may doe in changing the government , abolishing old laws , and establishing new , the same may be done also by the civill victor for his own security . thus by all the premises it is undeniably evident , in a way of application ; that the present prevailing party in england have a right and just title to be our governours ; and that this new government erected by them , to the subversion of the old , is as valid de jure , as if it had the ratifying consent of the whole body of the people ; nor can they in any sence , be counted usurpers , as is most irrationally intimated by the slight exercitator . chap. v. that the oath of allegiance , and covenant , are no justifiable grounds to raise a new war , in , or against the common-wealth of england . having in the former chapters cleared the right and equity of the present government , in point of title , from the slanderous character of vsurpation , i shall in the next place descend to examine the vain phansees of such as refuse a submission thereto , upon pretence of conscience , in regard of former obligations . these people are represented unto us under the ordinary notions of royalists and presbyterians ; the the former pleading the oath of allegiance ; the later , the solemn league and covenant , as a ground for their refusall . as for the oath of allegiance ; in a word , allegiance is but a politicall tie , for politick ends , grounded upon politicall considerations , and therefore being politically determined , when those considerations are altered by new circumstances , ( be it in relation to caesar , or the senate ) the old allegeance is extinct , and must give place to a new . the same description may serve likewise for the covenant ; for , even that part of it which relates most to religion , will be found wrap't up altogether in matters of discipline and church-politie , to serve politick ends and interests , if the actions of our english and scot●ch presbyters , may be admitted as a comment upon the text , i grant , both those oaths are religious acts , as they are solemnized with the invocation of god , as a witnesse ; but as all actions are qualified from their principall end ; so the maine end of those oaths being obedience to the prince in order to the good of the publique , they are of a politicall nature ; and when such an alteration of affairs shall happen as extinguishes his title , i conceive we are not obliged , in this case , to pay him that submission which by oath we promised , but ought rather to swear a new one , to those that succeed him in the government . for , in promissory state-oaths ( as these two are ) it is granted by all , that there lurk severall tacit conditions , inseparable from the nature of all oaths and engagements ; and which are as it were the life and soul of the obligation : these tacit conditions , or ( as dr. sanderson calls them ) suppositions , are set downe by divers authors , which i shall orderly apply to the matter in question : one tacit condition annexed to every oath , is , that the words of it be duly interpreted , in a fair and equitable construction , not wresting it out of hatred or affection to any party . this condition hath been but ill observed by the scots , and others , in relation to their covenant , who will not admit any construction , but what may serve to advance their own owne designes , and heap hatred upon others : witness their pleading for it in an absolute sence , or their own sence , when as the principall parts of it are limited by expresse conditions ; viz. that part which concerns the maintenance of the king , and the priviledges of parliament , is circumscribed with this clause [ in ( or no otherwise than in order to ) the preservation of religion and liberty ] and the other which relates to religion , is as to manner of reformation , qualified with another clause , [ viz. according to the word of god , ] so that the old statu quo of king and parliament was sworn to in a sence but secondary , and subordinate , to shew that the usuall priviledges of both might be quitted , if they proved inconsistent with religion and liberty ; as also that any reformation might be exploded , to make way for one more consonant to the word . and certainly , if the present presbyterian whips●ers knew any other way more probable to advance their kirk dominion , than by making a pretended plea for prerogative , a stalking-horse to the design , i believe both king and lords , had been left long since to god's blessing and the warne sun ( as they say ) in despair of any comfort from the kirk's benediction . it seems now to me likewise , that they added this clause [ according to the word ] not out of any love to a reall reforming , but onely that they might have a plea for the pulling down of episcopacy , to introduce another form more suitable to their own ambitious ends , since that form that they contend for is as little consonant to the word as the other , because they take little thence besides the bare name of presbyterie , to patch up a reformation . these things the world must needs believe of them , till they lay aside their self-designings , and admit of an equitable interpretation of the covenant in the limitations expressed , or according to that * latitudo prudentialis , the prudential latitude , spoken of by dr. sanderson , which ought to be considered in all oaths , when the sence and meaning of them is in question . for , as we ought by all means to beware , that we give not our selves too great a liberty of interpretation , to the end that we may shake off the obligation of an oath ; so none ought to fasten such a sence upon an oath , or any part of it , for their own profit or commodity , which any other pious and prudent man ( indifferent and un-interested in the businesse ) would not collect and conclude out of the words of the oath . moreover , if we did grant the scots their own interpretation ; yet it can be of small consequence to their ends , since the covenant it self is extinct , by reason of the breach first made by themselves : let grotius determin this truth , who lib. . cap. . saith , si pars una foedus violaverit , poterit altera à foedere discedere : nam capita foederis singula conditionis vim habent . if one party break a covenant , the other is no longer bound to it : for , each particular head of a covenant , carries with it the force of a condition ; which condition in relation to the covenanters is , that either of them observe it with fidelity to each other . but the scots have been so far from observing , that the whole nation have been involved in the breach of it , by dividing the king from the people , the people from each other , and at length by a perfidious nationall invasion : so that except they can shew us some new foundation whereon that breach is repaired , the covenant must needs be defunct in point of obligation . for , ( aith the same author ) foedus tacitè renovatum intelligi non debet : non enim facilè praesumitur nova obligatio , nisi ex actibus qui nullam aliam interpretationem recipiunt . a covenant being once at an end , cannot be supposed to be renewed ta●itly : for , a new obligation is not easily to be presumed , but by such acts as declare it , and admit no other construction . therefore , till the scots and their partisans can produce evidences of a renovation of the covenant , by positive acts of state , they must of necessity grant , that all covenant-obligations and relations are expired , between the two nations of england and scotland . a second tacit condition latent in oaths promissory , is expressed in these words , out of the divinity of the stoicks , by seneca : tun● fidem fallam , & constantiae crimen audiam , si cum omnia cadem sint , quae erant promittente me , non praestitero promissum : alioqui , quicquid mutatur libertatem facit de integro consulendi ; & fidem meam liberat . then ( saith he ) let me be accused of falshood and inconstancy , if when all things remain the same as they were at the time that i promi●ed , i shall not then perform my promise : otherwise , any alteration whatsoever leaves me wholly at liberty , and freeth me from my enagement . and a little after ( saith he ) * affairs ought to be in the same condition they were , when thou didst promise , to bind thee to the performance . and in his chapter he becomes more particular , and saith , in all promises do lurk these tacit conditions or exceptions , si potero , if i am able , si debeo , if i ought , si haec ita erunt , if things continue as now they are . if you require the performance of my promise , bring affairs into the same posture that they were in when i made it : but if any new alterations happen , why dost thou wonder , my condition being otherwise than it was when i promised , that i am changed in my intentions ? render things the same , and i am still the same . and that this holds good in christian divinity , as well as stoical , appears out of the afore-mentioned doctor , whose doctrine is equivalent , and his terms convertible with those of seneca , declaring that all promises have these tacit conditions , suppositions , or exceptions ; si deus permiser it ; if god permit , which answers to seneca's si potero ; quoad licet , as far as lawfully i may , which answers to his si debeo ; rebus sic stantibus , as long as things thus stand , which answers to his si haec itaerunt ; according to which severall suppositions in order , i shall examine both the oaths of allegiance and covenant , and prove their non-obligation . first , no man that enters into an otah or covenant , can be so stupid , as to promise the performance of any thing , without this tacit reservation within his own soul , that he will do it if god permit , considering we can do nothing without him , who exerciseth his wisdom and soveraignty in the disposition of all human affaires , according to that of the apostle james , who bid us say , if the lord will , we will do this or that . if so , then having sworn in the oaths before-mentioned , to continue true and faithfull to the king , and his heirs , &c. it cannot be meant otherwise , then with this clause , if god please to permit their continuance in the government : but we plainly see god is not pleased to permit their continuance , since all men will confesse , that ( at least ) by a permissive act of providence , another form of government is erected quite contrary to the old. therefore if we consider the oath of allegiance and covenant , according to this first supposition , they are now of no force and obligation ; but it may serve to satisfie a private mans conscience , if in times past he have done his utmost to perform the duties required by those oaths , during the former establishment . the reason is ( saith the same * doctor ) because seeing all things are subjected to divine providence and pleasure , and that it is not in the power of any man to regulate all accidents which happen in the future ; therefore he that hath used his whole endeavour to perform what he promised , hath paid his allegiance , and fulfilled the intent of his oath ; the obligation ceasing when things cannot possibly be effected ( as the doctor saith ) ex impossibilitate facti . praelect. . sect. . as concerning the dr's quoadlicet , the second tacit condition or excption , it is to be presumed no man swears to any thing , but with this reservation , as far as lawfully he may . if so , then in case it so happen , that we cannot lawfully act in prosecution of those things which we have sworn to , our obligation ceaseth ex impossibilitate juris ; as in the former , by an impossibility of power in us to effect what we were obliged unto , so in this , by an impossibility of right in us to act in order thereunto : for , saith he , that is said to be impossible by an impossibility of right , which a man hath no lawful power to endeavour . but as to the restauration of kingly government , now that another is established ( by as good a title ( i have proved ) as ever the kingly was ) i would fain know what right or lawfull power , any private man hath , and which way he can ground it upon the oath of allegiance and covenant , to indeavour the destruction of the new form of government , and a restitution of the old. for , private persons have no right to question those that are in power , and are no competent judges in controversies of that nature , nor ought they to meddle with them , but ( as grotius saith ) rather to follow possession . yea , put case they were unlawfully possest , vsurpers , invaders , and tyrants , yet the same author saith , privato vi dejicere summi imperii invasorem non licet , it is not lawfull for any private person to indeavour the thrusting them out by force . nor is this founded only upon humane reason , but also upon scripture . that place in the . to the romanes [ there is no power but of god , the powers that be are ordained of god ] is sufficient to convince every private conscience of the necessity of submission ; that is , to submit to them so far , as not to presume to dispute how they came by their power ; and this course is most agreeable to the sense of all expositors , the practice of all times , and the voice even of naturall reason , since the opening of a gap to question supreme powers , and touch the tender eye of their authority , would let out all into confusion ; tumult following tumult , like billow upon billow , till the world were over-whelm'd with a sea of miseries and distractions . object . but some may object ; if there be such a necessity of submission to supreme powers without questioning them , how then can this parliament be justified in having questioned the king , at their first sitting , for divers of his actions ? answ . i answer , there is a difference betwixt supreme power , and the exercise of it . the controversie was not at first concerning his right of government , but the abuse of it by way of male-administration ; in defence of which abuses he took arms , and so by the law of arms losing his right , ( as is proved before ) the power descended to those that are now in possession , whose right we ought no more to question , than at first we did his ; their power deriving as naturall a pedegree from heaven as his did , and being as legally confirmed by the law of arms and nations , as ever that was which he held from his predecessors . now , in that the . to the romans commands a submission and obedience in general termes , it is not meant to all powers in the arbitrary exercise of their power in time of peace , but to all supreme powers in point of title , be it setled upon them by * right of war , inheritance , or any other way . and to support this exposition , give me leave here to introduce two of the main pillars of reformation bucer , and calvin , men famous in their generations ; whose testimonies may serve once for all , touching that so much controverted chapter to the romans . the apostle ( saith calvin upon the place ) seemes here to go about to take away the frivolous cu●iosity of men , who use often to inquire by what right those which have command did get their authority ; but it ought to suffice us , that they are in preeminence ; for , they did not get up to this height by their owne strength , but are set over us by the hand of god . and saith bucer also , on the same place , when a question is made whom we should obey , it must not be regarded what he is that exerciseth the power , or by what right or wrong he hath invaded the power , or in what form he dispence it , but onely if he have power . for , if any man doth excell in power , it is now out of doubt , that he hath received that power from god ; wherefore , without all exception thou must yeild thy self up to him , and heartily obey him . seeing now all supreme powers are of god , and that the apostle commands subjection to them , but damns resistance , it is clear then , as to our case here in england , that we owe submission to the present governors ; and that no private man hath any warrant out of the word to satisfie his conscience in the lawfulnesse of such actions , as tend to disturb or thrust them out of possession ; therefore according to this second supposition of the doctor , no oath being of force to bind the conscience , further then a man may lawfully act , it followes , evidently ( the case thus standing ) that the old allegiance is cancell'd , and we bound to admit a new ; and that both it , and the covenant have now no influence at all over us , but are utterly void , and of none effect . the third tacit condition or supposition implied in all oaths is ( saith the doctor ) rebus sic stantibus , as long as things continue thus ; it being to be presumed , that when i swear to performe any thing , i do it with this tacit reservation , if i be not hindred by an alteration of affairs : but if such an alteration happen , that neither the same persons nor things are in being which i swore to maintaine my oath is at an end , and the obligation ceaseth ; which now is our very case here in england , the government being changed , and new governors set over us . for this the learned grotius hath one instance very pertinent to our purpose . an oath ( saith he ) binds a man no longer , if the quality or condition of the person to whom he swore , be altered : as for example , if he that was a magistrate cease to be a magistrate . in evidence whereof , the same author alledgeth a saying of caesar's to the souldiers of domitius , when domitius was a prisoner . they were unwilling to serve caesar , because of the military oath they had taken for the other : but to take away this scruple , saith caesar to them , sacramento quidem vos tenère quî potuit , quum projectis fascibus & deposito imperio , privatus & captus ipse in alienam venisset potestatem ? how can he hold you bound by oath any longer , being outed of his authority and command , remaining a private man , and a prisoner under the power of another ? alas , * your oath ended together with his authority . thus also , according to this third supposition of the doctor's , it is plainly to be inferred ; that since affairs of state stand not now in england , as they were when we took the oath of allegiance , or the covenant , but a new government is erected ; therefore our obligation to the former is totally extinguished . and if the obligation be extinct ( as i have proved in the several particulars before-mentioned ) then the consequence is as plain ; that neither of those oaths can be a ground sufficient to justifie any royalist or presbyterian , in denying a submission to the present government , or to raise a new war within the nation . part ii. having in the former part ( as i think ) fully manifested the necessity and equity , my designe in the next is , to shew the utility and benefit of a submission : this i shall doe , by stating the nature of the designes of the severall parties claiming an interest in this nation ; viz : royalists . scots . presbyterians . levellers ; as they stand in opposition to the present government , and would each of them introduce a new form of their owne . and that you may the better understand them and their affaires , i shall in plain method ( for the more easie conviction ) proceed upon these particulars : first , the great improbability of effecting their designes . secondly , the grand inconveniences which must needs follow , in case either of them be effected , to the prejudice of the whole nation . thirdly , the excellency of a free state or common-wealth , as it is now established in england , and what happinesse we may reap thereby . after i have handled the former , as they hold relation to the severall parties , i shall bring up the rear with the third , by way of conclusion . chap. i. concerning the royall party . the royallists are of two sorts . first , such as adhere to the prince out of necessity ; secondly , such as adhere to him out of humor . the former are those , who being hopelesse of a return , or of the recovery of their fortunes , by way of reconcilement , are constrained to run any hazard abroad with the head of their party , and turne every stone to over-turn the present powers here in england , that they may set up themselves . the latter sort of royallists , are such , as though they served heretofore under the royall standard , yet , through the favour of the parliament , have re-gained possession of their estates : and therefore being re-invested with their fortunes , they are loth as yet to attend the prince in person , though they follow him with their wishes , and would be glad to imbrace any designe underhand , or perhaps ( when time serves ) appear here again in the field , to make way for his advancement . these may ( not improperly ) be called humorous royallists , because they have only an obstinate and vain-glorious humor for the ground of their behaviour , without any respect of advantage to themselves , but are ridden by the other to carry on the highroyall designe of particular persons , and run a new hazard of their own . to restore the single family of a prince , suppressed by the almighty , they seeme willing to venture the destruction of all their own families ; and to serve the ends of certain persons about him , men whose fortunes are desperate , they are apt to foole themselves into the losse of their owne ; as they must needs doe , if the prince mis-carry in his enterprize , whereas if he should carry it with successe , they will be then but where they were , they can be but masters of what they have already . the high ranters and fugitives are they that will be look't on at court ; those bell-weathers of royalty will bear away the bell of preferment , whilst the poore countrey-royallists ( both gentry and yeomen ) shall be glad to drudge and plow , to pay those yet unknown taxations , which must needs be collected , to satisfie the forlorn brethren of the sword , the many yonger brothers , and strangers , which will come in with the grandees , in hope to purchase a fortune by squeezing the publique . all which being considered , it is awonder to see , how they feed themselves with phant'sies , who pretend in this nation to the restitution of royality ; how their eyes are dazled with that sun which seems to rise upon their party , supposing the golden ag● must needs return again with him , and that he will climb up to the meridian , in spight of all opposition ! but to give them a cooler for these conceits , i shall more particularly , according to the method before propounded , shew first the improbability of successe in the new royall designes ; and then , the grand inconveniences that would follow such a successe , that all mistaken persons may see , how far they wander ( to the hazard of themselves ) out of that way , which leads to the future happinesse of this nation . as to the improbability of the prince's successe in his designe , first , he is like to have but a slender supply of forein aids : for , the affairs of christendom are at this time so disposed , that some princes want leisure ; others ability to assist him : and divers there are which refrain , for particular reasons of state . the spaniard hath other fish to frie , keeping a serious eie upon france , and lying at catch against portugal . besides , there are severall reasons ( not fit here to mention ) which may dispose him rather to imbrace the amity of this common-wealth , as it is now established ; and whereof there is some hope ( were there no other ground ) in that he hath given our agent a friendly reception . so likewise hath the king of portugall too another agent ; and how far he is from neglecting our friendship , may appear by his demeanour toward our fleet , in the port of lisbon , where he hath given them the like freedom and entertainment as he doth to rupert , carrying himselfe indifferently between both , though he seem a little to incline somewhat more toward rupert ; not out of any good will , but only in regard of his pre-engagement to that party . the king of france hath his hands full enough at home , so that he hath little list or leisure to mind affairs abroad ; being jealous not only of the spaniard , but even of his owne subjects , by reason of their regret at the insupporrtable taxes , the discontents and bandyings of his parliaments in the severall provinces , and the partisans of the imprisoned princes ; all which seem to threaten ( if not the monarchy it self , yet ) the family of the monarch . denmark hath hitherto given but a coole acknowledgment of so neare an alliance , having been ( at the best ) but a retiringplace for montrose , seconding this with some other slight superficiall courtesies ; one of the best of which was ( to rid their hands of their guest ) by lending him a few bottoms , first , to seek his better fortune in swethland , and then to waft him and his forlorn hope toward their long homes , into scotland . some such triviall supplies likewise may be expected from the swede , with a few complements from the emperour and german princes , their jealousies of each other not permitting them to spare their forces : for , whosoever considers the delayes and shifts made by the emperour and his party , in performing the articles of peace ; and on the other side , the resolution of the swede and that party to have them fully performed ( together with those heart-burnings among them , which break out often into flames in every corner ) may easily imagine the peace of germany is not long-liv'd , and therefore that neither of those princes will part with many of their soldiery . the hollanders esteem it a safe way to conform themselves ever to the prevailing party in england , having reason , above all others , to prize the friendship and amity of the english nation . and though some common courtesies are expressed there to the prince by way of entertainment ; yet these are done rather to comply with the desires of the prince of orange , than out of any inclination or affection to the royall party ; whereas the sence of the states provinciall ( and in them the meaning of the whole people ) is , to preserve a strict correspondence with the common-wealth of england . nor do they relish those close combinations between the prince of orange and his brother ; fearing so great an alliance may dispose orange to aspire , and establish a greater interest of his own than is meet for a member of a republique , if monarchy come to its height again in england ; which they ought by no means to desire , but rather that england should continue as it is ; not onely for the former reason , but also , for that such a neighbourhood would be concerned in reason , to admit them into a nearer friendship and complication of interests , than ever they can hope from a monarchy . — these things being considered , the prince hath small hope of successe , in regard of any considerable supplies from forein princes . secondly , put case he can , by the help of the many fugitive english , the scots , and supplies drain'd out of the dregs of severall countries , make shift to patch up an army , or two , to trie his fortune , yet 't is ten to one but they ruine his designe . for , first , the introducing of forrainers will soone alienate the affections of the english , as experience hath proved in all times . secondly , auxiliatores conducti ex diversis locis , nec disciplinâ inter se , nec affectione consentiunt . † mercenary auxiliaries that are collected out of severall nations , seldome agree either in disciplin , or affection . the reason of this is given by the same author : for ( saith he ) since the customes of nations are diverse , therefore men of severall countries , differing both in habit and manners , cannot long continue together , without discovering an antipathy or contrariety in their natures , even to the ruine of that party with whom they are ingaged . to passe by the testimonies of many other states men , we have two very pertinent ones afforded us out of our own affaires : witnes that emulation discovered between the scots and english in the hamiltonian invasion ; and also of late , between the english and irish under ormond in ireland , whereupon the english chose rather to joyn with the parliament-party , than continue any longer ingaged with the irish . lastly , those forrain mercenaries will , upon the least misfortune of war , desert the prince , and take up arms under the parliament . for ( as saith patritius ) the * faith of mercenaries depends upon fortune , and if she turn to the adverse party , thither they follow , and incline their hopes and affections . yea , so little trust is to be given to these mercenaries , that notwithstanding their condition be good , yet ( saith another ) † they are easily corrupted with money , and with rewards and promises of better pay , bought over to any other party ; respecting gaine much more than the cause of their engagement . judge then , how the prince is like to thrive with his forrain auxiliaries , if he shall have any , either in england or scotland ; for , the reason of these things holds good in one nation , as well as another . thirdly , since it appeares how small successe he is like to have by the aides of other princes , let us see whether he have any better hopes by forrain aid out of scotland or ireland , to make a conquest of england . as for ireland , he hath but poore expectations thence , since the lord lieuten●nt hath swept away those adversaries with the besome of vengeance , and made way by a continued chain of miraculous successes , to shackle that rebellious nation ; and doubts not ere long , to bind their princes with chaines , and their nobles with links of iron , since every month brings in fresh laurels of victory , to their terror and amazement . but ireland being given for lost , let us see next , whether the royallists are like to receive any more comfort from scotland : it s an old saying , nullum bonum ex aquilone , no good comes out of the north ; and of all others , royallists should be the least apt to beleeve any benefit to come out of that nation , from whence proceeded the ruine and destruction of the late king , and all their party ; nor can they hope much better of them in time to come . for , first , they adhere to the prince , not out of any love to his interest , but onely in hope to settle their own upon his shoulders ; and therefore if they can make a better bargain elsewhere , they wil cast him off , or ( if he be in their power ) sell him off ( as they did his father ) upon the first occasion . what else can he expect from a party , whose interest was first founded upon the ruine of his great grand-mother , continued and augmented to the perpetuall vexation of his grand father , and at length prosecuted to the destruction of his father ? secondly , it is impossible to reconcile the two parties , royall and presbyterian , even as impossible ( king james was wont to say ) as to reconcile god and the devill . thirdly , if they cannot be reconciled or stand together , then whatsoever agreemens may be made , it will be but from the teeth outward ; nor can there be an union betwixt them upon any designe , but in the prosecution thereof they will mind the advancement of their severall interests , which must make them jealous of each other , divided and partiall in their counsels , and cause the inward rancor to break out , to the prejudice and utter ruine of the whole engagement . fourthly , let the scots invade us again upon the royall , or what score else they please , they will never be endured ( especially in the northern parts ) having heretofore by their perfidious and tyrannical behaviour , fixed an odious impression upon the spirits of the people , and quickned the old antipathy betwixt the two nations : so that , if the prince come in with them , or by them , he will fare never the better ( but much worse ) for their sakes , or their company . lastly , they come ( if they dare come ) a most nasty , lowzie , beaten generation , against one of the most generous , best accomplished , and most victorious armies in christendome ; an army that must needs be dishonoured by such an enemy , from whom neither credit nor advantage is to be gotten ; yet it is meet they should be chastized , since the almighty , out of love to the future peace of our nation , seemes to decree , that belial and dagon , montrose , and the kirk , with her worthies should be sent after hamilton . this indeed , would be a fair step to reformation , by letting out the corruption of that country , which sticks like a scab , upon the faire body of this fortunate island . now , in the last place , to conclude this particular touching the improbability of the prince's successe , since he hath little ground to hope for any by the assistance of other nations , let us examine what hope he hath from our own . severall reasons may be given to the contrary ; as first , the people's hatred of foreiners , and their feare of that plague , universall free-quarter , with their aversnesse to war , having tasted some time of the sweets of peace ; and though they are sensible of some necessary burthens , yet considering another war will increase new ones , more exorbitant , every man would be content with things as they are ; for , the common people ( as the poet saith ) — duas tantùm res anxius optat , panem , & circenses . — will be satisfied with bread and quietnesse , rather than hazard their ease and security , to serve the ambition of others . secondly , they will be the lesse apt to engage in any new insurrections and parties , since the last thrived so ill , to the prejudice and shame of all the undertakers : examples make men wise ; and though many of them escaped without punishment , in regard this * government was not then declared ; yet now that it is established , and laws are made to defend it against all that offend in time to come , men will beware ( i suppose ) how they meddle , since they can expect nothing lesse after another war , than the punishment of traitors . thirdly , put case the counties were resolv'd upon new insurrections , yet what can be done by unweildy bodies of raw men , taken from the streets , the plow , or the harrow ; rude , and unacquainted with military disciplin , against a well-disciplin'd army of old soldiers ? consider what became of those vast numbers in kent , essex , &c. with what ease they were dispersed , and how soon they vanished into nothing ! fourthly , it is not like , that the gentry , men of estates , will stir in any considerable number , to hazard their possessions , being yet scarce warm in them , after a purchase made upon dear rates of composition ; but if any are so mad as to venture on new designes , they might do well to consider how hard a matter it is to carry them on without discovery , seeing the state hath a party and friends , in all countries and corporations . besides , if they could carry it so close , as to bring any petty designe into action , yet they cannot but be snap't , and nip't in the bud , the militia being so well setled , and a party ready in armes in every county — now , all these parcells of discourse being well weighed together , i leave every mans intellect to make the conclusion ; what slender probability of successe there is , by the assistance of foreiners or natives in the present royall designe against england . having thus , in the former part of this chapter , shewn the improbability of successe in the new royall enterprrize , which were enough to wean wise men from engaging upon that score , i shall ( according to the method propounded ) in the next place state those grand inconveniences , which would unavoidably follow to the prejudice of the whole nation , in case the royallists should proceed with successe , to the ruine of this government : the very consideration whereof should ( me thinks ) be sufficient to startle all understanding men , from wishing well to that party . first , since there can be no medium of reconcilement betwixt our present governours and the son of the late king , it is granted by all , that if ever he come into possession , it must be by conquest , and the power of the sword : if so , then he will be as absolute as was william the conqueror , and we all must be in the same slavish condition , as our fore-fathers were , under the tyranny of that norman bastard . that government which heretofore was called monarchicall will then be exactly tyrannycall , according to that saying of prudent cicero in one of his epistles ; ex victoriâ cùm multa mala , tum certè tyrannis existit . as many other mischiefs , so certainly , a tyranny ever followes a conquest . and therefore it was that when * henry , the son of maud the empresse , contended for the crown by arms against king stephen , and was like to prevaile , the estates of the realm wrought an accommodation betwixt them , upon this ground , because they conceived it dangerous for them , and the whole state , to have a young prince get the mastery by his sword : for , princes ever improve such kinds of victory to an advantage over the people , and successe makes them cruell ; withnesse the savage proceedings of edward the second , against his lords , after he had overthrown them in battell , in the northern parts ; executing their persons , and confiscating their estates , as traitors , so that he is noted in our chronicles , to be the first of all our kings , after the conquest , who to prosecute his revenge gave a precedent of butchering the bodies of the english by beheading and quartering . this may be enough to shew , that to bring any prince into possession by the sword , is to instate him in a tyranny . secondly , though the prince of himself should not be inclined to tyranny , yet his followers having a power over him , will soone perswade him to it . nam legitimum regnum convertitur in tyrannidem , aut dominatum , cum aulo-politicis ( qui plerúnque odio prosequuntur libertatem ) facilè aurem prabet princeps . for ( saith one ) a well-regulated government is soon changed into a tyrannycall domination , when a prince gives ear to court-politicians , who ( for the most part ) are enemies to liberty . and as to our present case machiavel speaks very aptly ; that a nation which hath cast off the yoke of tyranny or kingship , ( for in his language they are both the same thing ) and newly obtained their liberty , must look to have all those for enemies , that were familiars and retainers to the king or tyrant , who having lost their preferments , will never rest , but seek all occasions to re-establish themselves upon the ruines of liberty , and to aspire again unto a tyranny ; that exercising an arbitrary power , they may take the more sharp revenge , against all those that dare but pretend unto liberty . thirdly , seeing that ( as things thus stand ) to have a king again invested by the power of his own sword , were all one as to have a tyrant erected , with an arbitrary power , to doe what he list , it will not be amisse to take a view of the effects and consequences of tyranny , as first , a * trampling of all lawes under foot . secondly , using all sorts of a cruelties and rapine . hence it is , that cato called a king b carnivorum animal , a ravenous creature ; and by homer in the first of his iliads , a king is called {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , a devourer of the people , so that no mans life or estate is in safety , if they have a mind to bereave them of either ; and for this purpose , tacitus saith , they alwayes c keep false accusations and witnesses in lavender . thirdly , no d good man can live safe by them , nor any man that is eminent for valour or vertue ; according to that of the tragedian seneca . se●vare cives principi & patriae graves , claro tumentes genere , quae dementia est ? who acting the part of a tyrant , saith , it is a madnesse to preserve great persons , when they once grow burdensome to their prince and country . thus tarquin taught his son lucius to secure his tyranny , by striking off the heads of those poppies in his garden , which grew higher than thir fellowes ; whereupon , his ingenious son gave the world to understand , as well as himselfe , what his fathers meaning was , when afterward he destroyed all the principall men among the gabians , by force , treachery , and false accusations . no matter whether things be justly done , or not ; for , a tyrants maxims are such as this , out of lucian , scoptrorum vls tota perit , si pe●●ere justa incipit . — that prince's scepter is not worth a rush , who stands upon justice and honesty . caesar hath left it upon record of himselfe , as th●●cydides hath of euphemus , and euripidei of e●eocles : † that all lawes may be violated , to make way to a domination : that * a man may be wicked to obtain , or maintain , an absolute soveraignty ; that a prince a ought to account nothing unjust which is profitable . to which may be added one more out of b seneca , that where a prince hath no power to doe ought but what is just , he reignes but by courtesie . these are the usuall rules by which tyrants steer their courses ; and therefore it concernes all men to forbeare their assistance , to any that endevour to re-settle a king by the power of the sword , lest he seat himselfe as a conqueror , and so slip into an absolute tyranny . for , it is seldom , that kings forbear an arbitrary power , if they can by any means usurp it , over the people : and though there may sometimes happen a good king that will not make use of it to their prejudice ; yet even then the people are not safe , † because ( saith salust ) it is in his power to be wicked if he please . fourthly , if he come in by the sword , there will be no act of oblivion passed before hand ; and if he gaine possession , it is a question then , whether he will grant any afterward ; or if ( for fashion sake ) he doe grant one , how farre it shall extend , and whether it may not be eluded , to make way for revenge against particular persons , who ( perhaps ) little dream of an inquisition for past offences , as being of the moderate sort of offenders against the regall person and prerogative . all these quaeres are well worthy every mans consideration , since revenge is esteemed inter areana imperii one of the speciall mysteries in the cabinet-counsells of royalty : for , with them , as tacitus saith , vltio in questu habetur , revenge is counted great gaine , and prized as the prime jeweli of a crowne . it is so * sweet a morsell , that even the best of kings could not refraine it ; as may be seen in the practices of david and solomon . we read how david pardoned shimei for a time ; and he seemed so earnest in the doing it , that one would have thought , the offence should never have been remembred ; also , how he forbore to revenge himself upon joab all his owne daies ; yet being to die , he gives charge to his son solomon , not to let them escape unpunished , but that he should bring their hoar heads unto the grave with blood , which afterward ( upon slight occasions ) were executed accordingly . so solomon himself likewise , though he forgave his competitor and brother adonijah , and bad him go to his house in peace ; yet he lay at catch still for some new occasion to be revenged : and therefore for a petty passion of love toward the shunamite lady , in demanding her to be his wife , poor adonijah was laid to sleep with his fathers . in our owne chronicles we find also , how that when henry the third had in the end gained the better by his sword , over the earl of leicester and the people , he meditated nothing but revenge against all that had opposed him , razing the castles of his barons , confiscating their estates , and taking forfeiture of the charters of many corporations ; especially of the londoners whom he spightfully vexed ever after in body and purse , upon every opportunity . so likewise richard the second , because the londoners were not willing to back him in his irregularities , but had appeared crosse to his designs , watched every way to be revenged on them ; and upon a slight occasion of a tumult in the city ( which neverthelesse the mayor soon suppressed ) he deprived them of the best part of their priviledges , and put them to the expence of no lesse than twenty thousand pounds ; a fine considerable summe in those daies of antiquity , to be added to that invaluable losse of their liberties , for so poor a matter as a petty tumult about a quarrel with a bishop's servant . but when kings have been dis-obliged by any city or persons ( by hook or by crook , sooner or later ) they shall feel their displeasure : and therefore machiavel adviseth never to trust them ; for , whosoever ( saith he ) thinks by new courtesies to take out of their minds the remembrance of old injuries , is extremely deceived . fifthly , if kings are thus revengfull , then what may we expect but the fatall consequences of that humor ? it is an old saying ; — regnabit sanguine multo , ad regnum quisquis venit ab exilio ; that is , his reigne will be very bloody , that comes from banishment to a kingdome ; whereof they shall be first sensible that have opposed his interest ; and such are all those in this nation that have appear'd for the parliament , against the encroachments of the prerogative . nor let them flatter themselves , that they shall scape better than others , because they never opposed this princes person ; it will be ground sufficient for his hatred , that they bandied against his father , and the prerogative , to which he is heire . nor is it likely he will forget the observation made by one of his chaplains , in a sermon before him at the hague ; how that the presbyterians held his father by the haire , and the independents out off his head ; nor is it to be supposed that we should have many parliaments hereafter ; for , besides the provocations given by parliament , it is against the nature of king's to love * parliaments or assemblies of their people ; and it was left as a legacie by king james to his family , in his basilicon doron ; that his successors should neglect parliaments as much as might be : so that consider how this prince is engaged , not only by the interest of the crowne , his particular personall interest of revenge , but also by the praecepts of his grand-father , and the common inclination of all monarchs , and we may easily imagin what will become of parliaments , and parliament-patriots , if ever he get possession . sixthly , whereas many now adhere to him in their hearts , in hope they shall be eased of excise and taxes , &c. if he be restored , they are exceedingly mistaken . i remember a passage out of the stories of france ; that the duke of orleans having , upon a difference betwixt him and the king , laid a tax upon some of the provinces , by their owne consent , to maintein his army ; afterward , allured with fair promises , they inclined the duke to accord with the king , hoping to be eased of the imposition ; but they fell short of their desires ; for , that which they had voluntarily imposed upon themselves , was setled upon them perforce by the king , when he once had them in possession : and so that tax , which was called the gabel , continues upon them to this very day , as a token of their folly . now , let not us flatter our selves here in england , that we shall fare any better ( in point of excise , or other payments ) upon the prince's restitution . if now we have burthens , we must then look to have furrows , made upon our backs : if now we are ( through necessity ) put to endure a few whips , we shall then ( of set purpose ) be chastised with scorpions . it is not an excise , or an army that we shall scape , but be visited with whole legions of forein desperadoes , which must be fed with greater payments than ever , and ( god knowes ) when we shall be rid of them , if the prince settle upon their shoulders . consider , how many hungry scots gape after this gude land , who , with those of other nations , must be satisfied out of the purses of our own , whilst those that are their leaders will be gratified , with this , that , and the other mans lands and possessions . and that this insinuation is no fiction , but well grounded upon precedents out of our owne histories , in the practices of our kings , may appear by the proceedings of the conquerer ; who being forced to extraordinary courses to satisfie his forein soldiery , made bold so frequently with the estates of his subjects , that the great lords of the kingdom , fearing it would come to their turns at last to part with their possesions , by way of prevention , fled out of the land , some into scotland , some into denmarke , and other parts , to trie if by aide from abroad , they might recover themselves and their fortunes again at home : but by this means they hapned to lose all so much the sooner ; for , miscarrying in the designe , their estates were possess'd , and their offices supplied by the norman favorites . thus also , king stephen , himself being a foreiner . and relying most upon forein arms to preserve him in possession , was constrained to take the same course , for the satisfaction of his forein auxiliaries , which consisted most of flemings and picards , whom he especially trusted in his greatest actions , neglecting and oppressing the english . thus did henry the third also in his wars with the barons ; against whom bringing in foreiners , he , for reward , invested them with others lands and honors , and laid heavy impositions besides upon the whole kingdom , to make them satisfaction . and in those variations of fortune between the two houses of yorke and lancaster , as often as either of them had occasion to make use of forein arms to assert their titles , the estates of the adverse party , and the purses of the people , were sure to goe to wrack for the pay of the soldiery . from hence then it appears , that if the prince put himselfe in possession by arms , we shall be so far that way from any ease of our burthens , that they will be doubled , and trebled , yea , and tenfolded upon us . lastly , the prince's confederation with the scots , and our english presbyters , ( were there no other reason ) might be enough to terrifie any ingeniously minded people from giving their assistance , be they royalists , or not : for , if the kirke be able to bind the prince to hard conditions , and prove ( like the sons of zeruiah ) too strong for him , so that his interest bow to theirs , then in stead of a regall ( which is more tolerable ) we must all stoop to the intolerable yoke of a presbyterian tyranny , that will prove a plague upon the consciences , bodies , and purses of this free nation . the scots by this means will effect their designe upon us , by stretching their covenant-union to an equality of interest with us in our owne affairs : and the english-grandees of that party will seat themselves again in the house , and exclude all others , or else a new parliament shall be called of persons of their owne faction ; so that if they should carry the day , all the comfort we shall have by casting off the present governers , will be only that we shall have these furious jockies for our riders : things ( perhaps ) shall be in the old statu quo , as they were when the late king was at holdenby , whose son must then lay his scepter at the foot-stole of the kirke , or else they will restore him by leisure ( as they did his father ) into the exercise of royalty : by which means we should be brought again , as far as ever we were , from a condition of settlement , and the common-wealth reduced to ashes by endlesse cumbustions . on the other side , put case the prince have the better end of the staffe of the presbyters , ( they relying upon his courtesie , as well as the rest of the people ) then , in case he carry the day , they , and all , are at his mercy , and no bar will be in the way to hinder him from an ascent unto an unlimited power : so that you plainly see , this present combination of royallists and presbyters ( which soever of them be most prevalent ) must of necessity put the nation in hazard between scylla and charybdis , that we cannot chuse but fall into one of the pernicious gulphs , either of presbyterian , or monarchicall tyranny . all these particulars being seriously considered ; how improbable it is in the first place that the prince should goe on with successe in his designe ; and then , what miserable inconveniences must needs follow such a successe ( in case he prevaile ) not only to the prejudice of any one party , but of all , i may undeniably conclude , that all mistaken royallists , as well as others , who live now under the protection of the present government , are concerned out of necessity , and in respect to their owne well-being and benefit , to wish well thereunto , rather than prosecute the private interest , of a single family , and of a few fugitives its dependants , to the hazard of their owne families , with the peace and happinesse of their native country . chap. ii. concerning the scots . i am sorry i must waste paper upon this nation ; but seeing they make themselves considerable by being troublesome , it will not be amisse to sound the depth of their present design ; which that i may the better doe , give me leave to trace them in their encroachments , from the first to the last , upon the english nation . not to mention those of elder date , let us begin with king james who being a native scot , out of love to his country-men ( or rather to himselfe , that he might keep them quiet , by stopping their mouths with the sweet morsels of england ) was pleased to admit many of them into his court , then into his councell , and to be partakers of honours and offices , equall to the best of our english . his son , the late king . knowing danger might come of discontent out of the northern corner , followed the same course that his father tooke , to oblige them ; holding them in pension , giving accesse to all beggars , with such faire entertainment , that most of them staid here , and none returned empty . this heaping of favors upon some , stirred up the appetites and emulation of others ; who seeing themselves neglected , and not like to share in any of these enjoyments by the favor of the king , bethought them of an other way , to make themselves as considerable as the rest of their country-men , and gain an interest with the english . seeing they could not thrive with the court , they would trie what they could doe without it . hereupon , being men of power in their owne country , they became most zealous assertors of the presbyterian discipline against the episcopall , by which means they gained the friendship of all the religious party in england , then persecuted by the bishops , who were at court the only favourites : hereupon , these leaders of the scotish presbyterians , beginning to grow active and forward in establishing their own form at home , and also to propagate it abroad by encouraging their friends , gave such an alarm to the bishops , that they ( to crosse the designe ) fell foule upon all of the opinion here in england ; and not onely so , but pressed the king to establish an episcopall vniformity in both kingdoms , even in scotland as well as england . the forcing of this upon the scots was a cause of the commotions in that kingdom ; whereupon a war ensued betwixt the king and them through the instigation of the bishops ; which was soon ended , to the advantage of the scots in money and credit , and to the dishonor of the king and the episcopall party . this happy successe wrought a very reverend opinion of them , in the hearts of the well-affected party in england , who stood for the purity of religion , and a liberty of conscience , against episcopall power and innovations ; as also for the lawes and liberties of the nation , invaded by the prerogative . and for redresse of these things the king was necessitated to call a parliament ; who not obtaining such reliefe of grievances as they expected by reason of a corrupt councell of bishops and others about the king , which alienated him from his great councell the parliament , and afterward caused him to breake out into a warre against them , were constrained likewise to take armes , in defence of our liberties . hereupon , recourse was had to the scots for their assistance ; who , having the same enemies at court , and being equally involved in the same common danger , it was supposed they were concerned in reason to joyn with the parliament , without any dispute or scruple . but they , considering now was the time to make their markets ( if ever ) and their owne interest as much english as might be , came not off so roundly as was hoped , but fell to bartering like hucksters , and no bargaine would be ( forsooth ) without a covenant . they would not joyn , except they might be ( in a manner ) all one with us , and this vnion must be sealed with that solemn league and covenant . what their meaning was therein , we shall know by and by , by taking a view of their actions ever since , which are the most sure interpreters : yet even at that time , some men had their eyes in their heads , and many objections were made at divers expressions in the covenant , and many desires for explanation of some articles more fully . but the scots standing stiffe upon their owne terms , and no conjunction like to be obtained without the covenant , and the necessity of the parliaments affairs admitting no delay , we were glad to take it as it was offered , without further question or demurrer . it was no sooner taken here at london , but immediately every one began to make his advantage ( through the multitude and ambiguity of expressions ) and by it to promote his severall interest ; as if it had been made to engage unto a particular party , not to unite two nations in a common interest . but above all the scots , having had the honor of this invention , conceived themselves much injured by any , that denyed them the prerogative of making an interpretation ; and in matter of religion , urged their owne discipline as the only patern to reform the church by ; and their plea had been fair enough out of the covenant , could they have proved it to be [ according to the word of god ; ] which clause was most luckily inserted . notwithstanding all the reasons to the contrary , the scotish module was still pressed : the scot was willing to ride , and having ( as he thought ) the english-man fast bridled with a covenant , he began to switch and spur . the throne of the kirke was the stalking-horse to catch geese ; and if that could have been setled , then there had been no denying them whatsoever they would ask ; they would have seated themselves surely in this fat soile ; there would have been no removing them out of our councels , whereof the necessity of our affaires had made them members and partakers . for , had the kirk-interest been once confirmed among us , then by vertue of that authority which they use to controll the civill power , the parliament must have been subservient to all their ends . and since it would have concerned the english clergy ( to make their party strong , and maintein correspondencies for their owne preservation ) to have gratified their scotish founders in all their desires , the scots might easily have translated the covenant-union to as good as an absolute nationall union , by gaining a joynt-interest with us in our affairs for ever , and consequently , in all the profits , great offices , councels and concernments of this nation . now , whether this were their designe or not in the covenant ab origine , i shall not determine ; but let it be judged by their insolent behaviour here among us , after they were admitted to our counsells : and therefore in the next place i shall examine their proceedings , which most evidently represent them in their intentions . — it sufficed them not ; after they were come in , that they had an equall power with us in publique affairs , in the committee of both kingdoms at derby-house ( which was willingly allowed them for a time , so far as concerned the common cause of both nations , in prosecuting the war ) but driving a powerfull party in both houses , they tooke upon them to meddle with matters relating to the future peace and settlement of this nation , distinct from their owne , and to provide for an equall interest with us therein . the first most notable evidence of this ( though there had been many before ) was discovered at the vxbridge-treaty , where propositions of both houses for peace being presented to the king , it was found the scots had so far provided for themselves by their party in the houses , that in time to come , the ordering of the english militia , the power of making war and peace , and all other prerogatives of government , were to be administred by a proportionable number of scots , as well as english : a thing so ridiculous , and an encroachment so palpable , that the king himself , in one of his answers , took notice of it , and said , he was not so much an enemy to the english nation , as to signe those propositions ; or somewhat ( i am sure ) to this purpose . a second evidence or discovery of their encroachments was made , upon their delivering in divers papers to the parliament , at severall times , wherein they disputed their claim , and ventured their logick upon the letter of the covenant , to prove an interest in disposall of matters meerly relating to our welfare ; which they re-inforced afterwards with new recruits of argument , when the king came into their army . but not knowing well how to maintaine their arguments , they were contented for that time , to quit them and their king too , upon such terms , as are notorious to all the world ; who being at length reduced under the power of the parliament and army , propositions of peace were sent to him at hampton-court , wherein no such provision being made for the scotish interest , as was in those at vxbridge , their commissioners here protested against them ▪ accused the parliament of breach of covenant , and complained highly in one of their declarations that they should be so neglected . this may serve as a third evidence of their covenant-designe of encroachment ; whereto may be added one more , when the king was at carisbrooke castle , whither the commissioners of parliament were no sooner arived with propositions againe , but the scots commissioners were at hand , and for the same reason protested furiously against them . by which insolent demeanors and expressions , from time to time , and crying up the covenant for their defence , it is clear enough what their intentions were when they urged it upon us , and that notwithstanding all the specious pretences of brotherly love , their designe in it hitherto hath beene , onely to scrue themselves into an equall interest with us in this nation . having smelt out their project thus farre , give me leave to trace them on to the end , as briefly as may be . the royall party being totally suppressed , and so no further occasion to make use of the scotish army , the parliament , with some difficulty , made shift to send them home into their own kingdome : but being defeated of their aims and expectations , they could not so rest ; having failed of their ends by pretending for parliament , they resolved next to try what they could do upon the kings score , and so the grandees turn'd the tables , in hope of an after-game , by closing with hamilton upon the royall accompt ; not doubting but if they gained the day this way , to recompence their travels with much more advantage . the covenant , like a nose of wax , apt to be turned any way , served this enterprize every jot as well as the former , though the designe were different from what it was , the great ones not caring much what became of the kirk interest , since they had agreed for the security of their owne ; which must needs have been very considerable , if they could have redeemed the king , and restored him into the condition of an absolute monarch . therefore the kirk seeing themselves left thus in the lurch , thundered out their curses amaine upon that hypocriticall engagement , as destructive to the covenant . but the grandees being at a losse in this likewise upon hamilton's defeat , and followed home to their owne dores by the brave english army , were glad to cry peccavi to the kirk , and also to our english commanders , whom they dismissed with many promises of fair carriage for the future . within a while after , a new dore of hope being opened to them by the supposed succession of the late kings son , they to ingratiate with him , proclaime him their king ; and here the grandees and the kirk joyning hands againe , become friends , and offer their service for his restitution , upon terms of the covenant ; which is their plea now at this very day : so that the covenant , which was pretended to be framed at first , for the preservation of this parliament and the liberties of the people , against the usurpations of regall power , is ; now that the scots can serve their designe no longer that way , become the ground of their present combination with the prince , and their presbyterian brethren in england , for the destruction of our liberties ; being resolved this way , since they have failed in all the rest , to trie whether they can accomplish their profane projects through the covenant , by insinuating themselves into places of honour , profit , and power , that they may domineere in the possessions , as their pharisaicall priests would over the consciences of the english . thus having made way , in discovering what the designe of the scots ever hath beene , and is at this instant , under the faire covert of the covenant , certainly , no man that is master of an english spirit , but will abhorre the hypocriticall pretences and encroachments of that perfideous nation . and therefore now that all men may beware how they be drawne into an engagement with them , i shall ( according to my way ) manifest first , the improbability of their successe , and then the inconveniences which must necessarily follow , in case their designe be successefully effected . first , as to the improbability of successe , consider by way of comparison , the great difference between the english and scotish soldiery . ours are heightned with extraordinary pay , bravely accomplished , strong horse , well disciplin'd , veterane soldiers , better spirited by reason of a more generous education ; and to all these add the advantage of being englishmen , and the reputation of having been so long victorious ; let these considerations be laid in the balance against the scots ; fresh men ( for the main ) newly raised , a people of farre lesse generous soules , poor in body , pay , and other accommodations , save what they have purchased by proguing here in england . judge then in reason what these are able to doe against so brave an army that contemns and scorns them , as having beaten them with a handfull ( in comparison of their numbers ) home to their owne dores ; an army , that to all worldly advantages , hath hitherto had a speciall protection from heaven , god having sealed them for his owne by many miraculous victories and successes , to the wonder of the whole world . secondly , consider that our english army are all of a nation , natives , and unanimous especially upon the appearance of any invaders ; whereas the scotish will be made up of divers factions , royalists and presbyterians , that com in pursuance of different ends ; which ( for the time that they continue together ) must needs be a cause of many confusions and partialities of counsells , to the prejudice of their enterprises and proceedings ; a spring of perpetuall emulations , that will soone untwist the confederacy ; so that in short time they must fall asunder like a rope of sand , and the private soldiery be disposed to entertaine thoughts of some new engagement , to the ruine of the first . thirdly , we shall not only be provided for them here , if they dare be so unworthy as to invade us ; but 't is like this common-wealth may find work for them at home , and ( to cure their madnesse ) divert the humour with phlebotomie , by way of revulsion . fourthly , it is like they will be farre from running much hazard to gain successe unto the designe . for , if they provr a little unfortunate , the humour will alter ; one good beating will make them understand , there is another way of interest and thriving , than under the wings of royalty . it may chance to make them remember ( because they cannot forget ) how long they have lived without a king in scotland , while the grandees and the kirk did all ; and that the english have dealt more ingenuously to have no king , than a presbyterian mock-king . one rout ( with this consideration ) puts them presently into the humour of a republique , as well as england . and then they will have no more work to doe , but to raise the market , and get chap men for their king to put him off handsomly , that they may pay their army , and goe home again like scots . lastly , the scots having no just ground of a warre against england , can hardly be prosperous in the attempt . the covenant can be none , being extinct , as i have proved in the former part of this treatise ; besides i shall adde one reason more : it cannot in common sense be supposed to have been intended as an eternall obligation , binding both nations for ever , or to bind the english nation with an implicite faith , to whatsoever the scots should expound to be righteous and necessary , to be done here for ever by way of government . but it appeares intended onely for a certain time , for the prosecution of certaine ends which were common to both nations as affaires then stood ; and therefore being of a transient nature , because those ends ( by the alteration of time , and other circumstances ) are found either not possible or inconvenient , the obligation expires of it self . this being the state of the covenant , neither the scots , nor any other party can found a warre upon it in reason or justice . if so , then having no other ground for a warre ▪ but covetuousnesse , emulation and ambition , which ( as i shewed in the preamble of this chapter ) have been cloaked under the covenant , in all their ingagements , the hand of heaven will assuredly be against them for their unchristian practices , as may appeare by these examples following . first , the athenians , carried on with covetousnesse , emulation , and a desire to possesse themselves of the riches , of the lacedemonians , were the author of the peloponesian warre ; the consequence whereof was , that it ended with the subversion of their city walls , and the miserable slavery of their people . the same end likewise had the carthaginians , for moving an ambitious war against the romans by the instigation of hannibal ; as also had the thebans for their unjust invading the macedonians . it is observable likewise how that * babilonian queen and virago ( as diodorus siculus tels us ) being gre●dy after the wealth of the indians , invaded them by an unjust warre , in hope to make a conquest ▪ but the issue was , that she was forced to flie home again most sh●m●fnlly for the safety of her life . thus xerxes , invading greece with a world of men , and ships , was in the end glad of a poor fishing-boat to get home out of europe , to a worse destiny in asia ; being slaine immediately after his return , by his uncle a●ta●an●s . upon the like occasion , cyrus lost his army , and his life ; and to quench his b●oud-thirsty humour , his head was cut off , and cast into a hogs head fill'd with bloud , by the scythian queen . thus likewise , mark anthony , not content with half the empire of the world , invading his partner octavius for the whole , lost all , & being taken alive at mercy , laid violent hands on himself to prevent the fury of the conquerour . thus crassus another roman , being of the scotch religion , a sacred hunger after gold , invaded the parthians without cause , against the advice of the senate ; in which expedition he lost his army and life , and the parthians considering what he came for , poured molten gold into his mouth , in triumph and mockery . to these examples out of profane history , let me adde a few out of the sacred . you may read kings . how senacherib , the king of assyria , mad an impious invasive war against hezekiah king of judah ; the consequence whereof was the confusion of his army , and revenge followed him to his own home so close at the heels , that it was executed upon him by his owne sons , while he was at his superstitious devotion , in the midst of his idols . nor have wicked princes onely beene punished for invading the good , but you may read also that the good have had ill successe in invading the bad . thus good josiah , a most religious prince , warring without cause against pharaoh nicho king of aegypt , received his deaths wound at megiddo , and after his death , the same king pharaoh , to right himself of the injury done him by josiah waged warre , and by gods permission subduing the land , made the whole nation tributary , and took king jehoahaz , the sonne of josiah , and carryed him prisoner into aegypt . also , another good king of judah , by name , amaziah , provoking jehoash , a wicked king of israel , without cause , to battel , was utterly routed , the city of hierusalem taken , the walls demolished , the temple spoiled , and amaziah himself carried away prisoner , to shew how much the lord of hosts , and god of battell , it displeased with unjust wars , that he will not prosper them , though made by his own people against the wicked that are his enemies . but there is one example more , which ( me thinks ) is very pertinent to our purpose ; and that is of ishbosheth , the son of king saul , who laying claim to the kingdome after his father , by prerogative of succession , made war against david , who was chosen king by gods owne appointment : but to shew that hereditary succession is no plea to justifie a warre against the powers that are ordained by him , he placed marks of displeasure against all that took part with ishbosheth , so that in the end ishbosheth had his head strook off by some commanders of his own party , and brought to david . now , i leave this unto those that list , to make the application : and withall , they may doe well to consider how the spaniard prospered in . in his invasion against england ; how ill he hath thrived ever in his attempts against the hollander : and as for the scots , i suppose , that as it concerns them to consider the sad example of the late hamiltonian invasion ; so they and their adherents may learn from all these together , that god will never prosper them , if they proceed in their unrighteous combination . having shewn the improbability of the scots successe , i shall in the next place discover the great inconveniences and hazards that our nation must needs undergoe , in case it should happen . first , it being evident , that their designe in urging the covenant upon us , hath been to insinuate themselves into an equall interest with us in our own nation , it is to be supposed , that having hitherto been defeated of their long-expected prey , they come now to prosecute it with the greater appetite : and it is to be presumed they will not serve the king with the covenant , at an easier rate than they intended it should have cost the parliament . secondly , it is to be feared , this so much desired interest of theirs may ( if opportunities fall out right for their turns ) be driven on farther by the sword , than yet we are aware of . a nationall vnion hath been whisper'd often among them heretofore ; and there 's no doubt but they will bid high for it , if ever they have occasion ; and then it must needs be a very fine world , when we are confounded with a miscelany of scotish and english ; when scots shall be competitors with us in point of priviledge , vie wealth with us in our own possessions , honours , and dignities ; and either impose new lawes upon us , or alter the old , as may make most for their advantage . thirdly , that these things may be , is probable enough , since their king having no other rewards to give them , it is impossible he should satisfie the grandees and leaders any other way , than by promising large accessions of interest , with other mens honours and possessions ; even those men's ( perhaps ) that are the moderate sort of transgressors ; for , in such cases it is usuall to stretch all offences upon the wrack , to supply the necessities of the conquerour ; and then if this happen , 't is like a scotch covenanters stomack , will allow no distinction , betwixt presbyter and independent , but may digest the estate of an english covenanter without so much as a scruple of regret , or compassion . lastly , it is a very great wonder , since the present stage-play of the covenant , and the actors are brought on this side the curtain , and we know what they are through all their disguise , and what they aime at , that yet many of our english should be so stupid , as to be led away with their cheates and pretences for a king and reformation : also , since it is evident , that their chief leaders and sticklers gape onely after profit and preferment , and ( according to the custome of all forreiners in arms ) will make no difference between friend and foe , so they may satisfie their covetous and ambitious ends ; since the whole people likewise must of necessity be harased with innumerable taxes , to pay the rabble of their souldiery ; certainly , no true english heart can be so degenerous , as to forward or countenance them , in their invading this nation . now , for a conclusion to the whole ; that these particulars may appeare more solid then mere insinuations , give me leave to confirme them by many authentick examples ; it being an ordinary case in the world , that * commonwealths and kingdomes have been oppressed often by those foreiners , that came or were invited in as friends , to give their assistance . here before i proceed , let me call to minde a story of the hedghog , in the fable ; who being almost dead with cold , chanced to light upon a foxes kennel ; where asking for entertainment , the fox more compassionate than wise grants his request . but the hedghog , as soone as he recovered warmth , began to bristle and prick the fox , who complaining of his unworthy carriage , the hedghog made answer , that if he found him troublesome , he might leave him , and seek a new lodging . i shall make no application , but leave those that would entertaine the scots as their friends , to consider whether they should finde more courtesie from them , if they had power here then the fox did from the hedghog , or than other nations have had from the friendly pretences of forain auxiliaries . concerning this , there are severall precedents . tht mac●donians being invited by the thebans , to assist them against the phocians , made a shift not onely to seat themselves among the thebans , but under the conduct of king philip , made way to the conquest of all greece : so the persians comming as friends to aid one party in a civill division in caria , suppressed both , and deprived that common-wealth of its liberty . and the carthaginians , in the first punick warre , received more prejudice from the cel●ae , their confederates and brethren in covenant , than from the romans their enemies . the goths and vandals being invited by the emperour theodosius , for his assistance , deprived him of italy and spain . afterward , the longbeards or lombards being called in by narses against the goths , seated themselves for above years in that part of italy , which from them was called lombardy . a quarrel hapning between the two saracen sultans of persia and babylon , the persian called in the turks , under the conduct of their captain tangrolipix out of scythia , who seated themselves first in a part of his dominions . in the chronicles of judah , we read how king ahaz invited tilglath-pilneser king of assyria to his assistance , against the edomites ; who comming as a friend , did him exceeding prejudice , and laid a designe then for the conquest of hierusalem , which was afterwa●d effected . josephus tels us likewise , how that pompey being called to assist hircanus , in the recovery of the kingdome of judaea , out of the hands of his yonger brother aristobulus , took occasion hereby to reduce it under the roman obedience . in the time of the emperour fredrick the . the princes of italy being in contention , the pope called in the spaniard and severall other princes , to compose the quarrel ; which being done , a new one arose betwixt the auxiliary princes for the lordship of italy ; but the spaniard drave away the rest , and made bold to keep possession for himselfe . thus likewise , the spaniards being invited into sicily and naples , to free them from the french , did indeed expell the french , but possessed both kingdomes themselves . on the other side ; a controversie arising between lewis and john sforza for the dutchie of milain , john called in the spaniards to his party , and lewis the french : but the french driving out john and the spaniards , made themselves at that time masters of the duke-dome , and carried their friend lewis away prisoner into france . thus in old time our ancestors the saxons , being called in by vortigern the british king , to assist him against the invasions of the picts and scots , turned their arms against the britans , and driving them into wales , transmitted the possession of this island to us , their posterity . so the scots likewise ( as bodin saith ) being called in to the assistance of the picts against the britains , possest themselves of the best part of that kingdome , which they hold at this day . and now i would faine know of the admirers of the scotish nation , that if the scots come in hither with their king upon their shoulders , and their fine flourishes of pretended friendship , what assurance they can have , that they shall not serve us the same sauce , as their ancestors did the picts , and as ours did the britans , or as others did other nations , whom they oppressed under as glorious pretences , in case they should get the power in their hands : especially since of late time , they have made so many pelpable discoveries of encroachment upon the english nation . seeing therefore that their covenant-cause appears a cause for intrenchment upon our nationall interest , rather than for religion or monarchy ▪ i may reasonably conclude , that it concerns all parties whatsoever ( if not for the improbability of their successe , and the miseries that would follow it , yet ) out of a detestation of their designe , to abhor them in their invasion . chap. iii. concerning the english presbyterians . whence it was , and for what ends , presbytery was first brought into this nation , is not here to be disputed : but if we grant the intentions of its first fautors to be pure in the fountain ; yet it appears polluted in the streams , by the corruption of their successors : for , as the primitive pretences of it were high and glorious , in the innocence of its cradle ; so being grown up to a full stature , it hath ( after the manner of all other things that participate of worldly mixtures ) in time contracted so many adulterations of worldly interest , that it hath lost the beauty which it once appeared to have , and serves every sophister , as a cloake , to cover his ambitious designe . but since it is arived , notwithstanding , to such a hight in the opinions of many , as to be cried up for the only patern of government under the gospel , this is to be imputed to the blind zeal of those that are led , and the deceitfulnesse of the leaders , rather than to the intention of its learned founder , mr. calvin . for , it doth not appear that ever he stretch't his module so far , as the necessity and universality of a divine right , but seems only to have hewn part of the building out of the rock of the scriptures , and peeced up the residue by politique and prudentiall rules , such as he conceived might sound nearest the text , and serve most conveniently to cement the dis-joynted members of the then broken and tumultuous common-wealth of geneva , into an entire and well-compacted body . it was no sooner lick't into form there ; but ( as it is the fate of all things new ) it began to be much extoll'd and admired ; and the fame thereof spreading in england , as well as other parts , wrought in many of our country-men an itching desire to goe thither , and instruct themselves in the nature and customs of the government ; where , of spectators they soon became proselytes , and returning home with new affections , looked with an eye of disdain upon the bishops ; as if themselves had indeen found out the patern in the mount , because ( forsooth ) the words , presbytery , elder , deacon , and assembly , &c. sound more gospel like than diocesse , church-warden , arch-deacon , and high-commission , &c. with these terms , * the ordinary sort of religious persons , not able to see through this shell of words , into the kernell or substance of the businesse , were easily led to a belief of high matters ; whereas this new forme , like the trojan horse , brought an army of mischiefs in the belly of it ; which were never so fully discovered , as till this parliament . for , immediatly after that the episcopall form was abolished here , as corrupt and antichristian , the chief sticklers of the presbyterian clergy began to shew their teeth ; and sitting in an assembly cheek by jo●e with the parliament , intermedled with their affairs , labored to twist their church discipline with the interest of state , claimed in their open pleas , discourses , and their confession of faith , a power in themselves distinct from the civill , and demanded the voting of this in both houses , as jure divino , that so the parliament might for ever cut the throat of their own authority , and magistracy . these , and many other pranks they played , in hope to erect their intended domination : and though ( being often required ) they were as little able as the bishops to shew their pedegree from the apostles , or to derive the lineaments of their form from the body of the scripture ; yet they pressed it on stil , and wanted not their party in parliament , with the assistance of the scots , ( whose interest it was ) to second them . and here it might be wondred , that so many knowing men , and of able parts , should prove so degenerous , as to prostitute themselves , and the majesty of the nation , to serve the ambitious ends of a few priests ; but that they had their ends in it too , and were willing to follow the example of the scotish grandees , by gratifying the new clergy in the form of a nationall church , with accruments of worldly pomp and power , the better to support their owne in the state . for this cause it was , that they stooped so unworthily to the designe of the scots and the clergy ; and being all of them combined in interest , they were in a manner necessitated , to countenance and comply with each other in their mutuall encroachments , to the dishonour of our nation , the debasing of parliaments , and the extreme hazard of the libery of our soules and bodies . all which being considered , you may see , how exceedingly we are obliged to our present governers , that they strove so mightily against the stream to prevent them all in their severall designings ; and what necessity lay upon them to expell that corrupt interest out of parliament , and to follow the counsell of the poet , in cutting * off a rotten part for the preservation of the whole , by the power of the sword . by reason of this necessary and magnanimous act , it is , that they have made themselves so many enemies to the presbyterian party : for , the scots , being defeated of their english interest , the secluded members of their hopes and priviledges , and the clergie of their kirk-domination , incline all immediately to face about to the prince , and to hedge in him and his interest with their owne , as well as they can , in hope of private revenge and a recovery , without any regard at all to the good and peace of the publique . then gentlemen , if they prevaile , ye will be but in the old posture again , as you were ; yea , and far worse than you were , since all those church-usurpations which were then but in designe , must needs be confirm'd by a new alteration . for this cause it is , there are so many presbyterian juglings in private , such murmurings abroad , and so many mutinies in the pulpit ; such wel-acted lamentations for the glory of the kirke , and the losse of their diana , that every prayer is a stratagem , most sermons meer plots against the state , and upon their hearers . thus the nature of their designe being discovered , give me leave in the next place to manifest the vanity of their hopes , that if men will not forbeare for shame of its hypocrisie , they may yet , in consideration of the many sad consequents which may follow . as to the improbability of their successe , first , our english presbyterians are very inconsiderable now in england , because above three parts in four are fallen off , since they were able to see through the pretences of the grandees of their party , so that the small remainder can doe little of themselves , and all their hope leans upon scotland , that bruised reed . secondly , as their party is but small of its self ; so there is small likelyhood of an increase , because all the rest of this nation are opposite to them and their waies , being either common-wealths-men , or royallists . and though they use all indeavours to draw in the royall party to their own , yet it can never be effected , by reason that the old antipathie will revive upon every little occasion . for , the royallists looke upon them still , as the authors of their misery ; and the prince ( who is head of that party ) though he may feed them with fair promises , can never cordially imbrace them , being the old enemies of his family : nor will he count them any whit the lesse guilty for their hypocriticall protesting against the death of his father ; for , they reduced him diminutione capitis , into the condition of a captive ; they spoil'd him as a king , before others executed him as a private man ; they deprived him of his earthly crowne , and kept him languishing , whereas his owne † party say , others were more courteous in sending him to an heavenly . in short , i affirm , that the present powers have done nothing now in altering the government , but what was done in effect before , or must have been done by the presbyterian party . thirdly , but suppose ( what in reason cannot be supposed ) that the prince could forget old injuries , and that the necessities of the chiefe of his party should bring down their stomacks to a compliance with presbyterie ; yet the main body of that party will never comply , in a course so destructive to every mans interest of conscience and liberty ; nor venture their lives and estates to establish a faction , which they beleeve to aspire toward an intolerable tyranny , over magistrates and people . lastly , the presbyterians themselves may doe well to consider , what successe they are like to have in their union with a prince , whose interest is already declared to be revenge for the ruine of his father . though they laid him not down upon the block , yet they brought him to the scaffold ; and when time serves , the philosopher's maxime will prove good logick at court , qui vult media ad finem , vult etiam & ipsum finem ; he that wills the meanes conducing to the end , wills also the end it selfe : ergo ( will the courtiers say ) since the presbyterians put such courses in practise , as tended to the kings ruine , they certainly intended it , and are as guilty as others . but to illustrate this a little , give me leave to close up this particular with a notable example — it hapned that clearchus , the tyrant of heraclea , was by a conspiracy of the grandees driven out of his dominions , they hoping when he was gone to have all power in their owne hands ; but there started up a party of the people , which prevented them , and setled the state in a condition of liberty and freedome . hereupon , the grandees , in disdain and revenge against this new party , conspired against the common-wealth , and brought back clearchus into possession . the tyrant being thus restored , instead of gratifying them that had a hand in his restitution , consulted to satisfie both his owne revenge upon them , for having opposed him at first , and also the discontents of the people against them , for their having deprived them of their late liberty : and therefore all the reward they received for bringing him back was , that he sentenced them all to a most shamefull execution . this is the story , and now i leave those presbyterians , that dreame of high successe in bringing back the prince , to make application . as for the inconveniences which the presbyterian designe would bring upon the whole nation , guesse at them by these particulars following . i shall passe by those inconveniences which must ensue their combination with the scots , having sufficiently mentioned them in the former chapter , and consider those only that would follow the establishment of their presbyteriall discipline ; first , besides the many mischiefs it would bring upon the nation in generall , the royalist● ( of all others ) can receive no content in it , being absolutely destructive to regall dignity . it never was embraced yet by any one nation , in a nationall form , but by scotland . this ( as one * hath observed ) was done , during the minority of king james , when the lords and clergy ruling all as they listed at length parted stakes ( though the clergy then got , and still hold the better ) that when he came to age , he found the fable of ixion's juno moralised upon himself : for , as he imbraced a cloud in stead of a goddesse ; so the king , when he thought to grasp his scepter , laid hold on a manacle , which kept his hands so fast , during his abode there , that he could never act but what they pleased to let him , according to their owne directory of kirk and state . and in processe of time , this heat of presbytery proved such an hectick in the body politick of scotland , that the substance of kingly power was utterly consumed , and nothing left ( as we see at this day ) but the bare bones , the very skeleto● of a monarchy : witnesse the absolute power now exercised by their parliament , and the generall assembly of the kirk-men ; but especially of this latter , which , like to the rod of aaron , is in such a budding thriving condition , that it hath devoured the rod of moses , as his did those of the magicians of aegypt , and proves a scourge to the magistracy and people . secondly , the difference betwixt the present powers , and them , is only this ; that they would not have a king so much as in name ; the presbyterians would have no more but the name of king , a scar-crow of royalty : the state in down-right terms have declared themselves free ; the other pretend to maintain the monarchicall form , yet actually destroy the very fundamentalls of monarchy : and now i would faine know of the deluded royalist , which of the two deals most ingenuously ; and if the presbyters take place , wherein he can conceive his party will receive any advance or advantage : for , besides that this mad discipline destroyes bishops , and clips the wings of regality , it will intrench also upon the lawyers , curb the gentry in their own lordships , by a strange way of parochiall tyranny , and bring all people into the condition of mere gally-slaves , while the blind priests sit at the stern , and their hackney-dependants , the elders , hold an oar in every boat . for , — thirdly , were those priests seated here ( as they are in scotland ) in a sure succession , then ( as it hath been long since * observed in print ) a correspondence being cherished between a clergy of the same garb and humour , in both countries , they might finely losse thunderbolts of excommunication on both sides , to gratifie each other , and so be able to terrifie all persons , that dare be averse in either nation , and promote such onely to places of honour and profit , whose poorer spirits will vassalize their genius to serve the ends of their kirk-domination . in hope of this it is , that we have so much bauling about the covenant ; and rather than faile of it , oh , how they pant after the scots , who cannot chuse but laugh in their sleeves at them , to see them drive on the work , at the perill of their necks ; the new scotish combination being ( as i have shewn ) but a fresh on-set to the first designe of encroaching upon english interest , and the mainteining of a faction here to serve the aims of scotland , and the ambition of a few scotified english , ( some particular grandees among the laity , and obscure rabbies of the clergy ) who are content to share dominion with the scots ; and so they may do that , care not though they betray the whole common-wealth and state of the nation . fourthly , it being cleare , that the plot of presbytery is carryed on meerly for these unworthy ends , what madnesse is it for any men that pretend wisdome , to hazard themselves and their fortunes to draw on the guilt of innocent bloud by embroyling their countrimen , only to serve a faction , whose practises ( when they are invested with power ) will be ( as they ever have been ) to make them share with others in the common calamity at present , and entaile slavery upon their posterity for ever . fifthly , that i may give you a little more light in these things , consider , that the reason why the presbytery contended for is so destructive of liberty , is , because of the * popish trick taken up by the presbyterian priests , in drawing all secular affairs , within the compasse of their spirituall jurisdiction : and this they doe by meanes of that awe , wherein they pretend to hold the consciences of the magistrate and people ; the one being lyable as well as the other , by suspensions and excommunications , to be exploded at pleasure as scandalous sinners . this appears by that large extent of their authority in judging of scandalous sins , which reaches almost to every action of humane life ; so that all the people besides their favourites ( from the counsellor to the beggar ) must at every turn stoop like asses , to be ridden by them and their arbitrary assemblies . lastly , the setling of presbyterie , in such a mode , would erect a power ecclesiasticall distinct from that of the civill : for , it is a maxim among all presbyters , and we find it pleaded for at large , in the confession of faith set forth by the assembly of divines [ that there ought to be a jurisdiction in the church ( that is , in their way of discipline ) distinct from the civill : ] which tenet of distinction must needs be the same , in effect , with that of the church of rome's supremacie ; seeing , those which plead now for a power without the civill , will not be long before they arive to such a height of presumption , as to act above it or against it , in persuance of their owne designes . it will be impossible to keep such a church-discipline , within its limits in any common-wealth , which makes the same persons civill subjects , and ecclesiasticall superiors . — to passe by many other examples of the strange inconvenience of that disciplin , in this one particular , i shall only produce one of late memory , about the ingagement of hamilton : who ( as i signified in the preamble of the former chapter ) preparing to invade this nation without the kirke's approbation , was by them opposed , and all his party also in parliament ( which were the major vote : ) and after he had gotten as authentick an authority , as that nation was conceived able to give him for his designe ; yet notwithstanding , the assembly ( because they saw the grandees had deserted them , and left the kirk-interest in the lurch ) † protested against hamilton's proceedings , and in him , against the authority of parliament whereby he was inabled , cursing him and his adherents . now therefore , considering what the nature and designe of their presbyterie is , what small successe its abettors are like to find , and what mischievous inconveniences must unavoidably follow it , i leave every reasonable man , within the closet of his owne soule and conscience , to make a conclusion ; whether he ought not rather to engage with the common-wealth , than with this unreasonable party . chap. iv. concerning the levellers . what these people aime at , and how they would settle , is as hard for me to determine , as in what point of the compasse the wind will ●it next , since they are every jot as giddy and rapid in their motions . yea , the very settlement which they pretend to , would , were their desires granted , put the common-wealth into an utter impossibility of setling , as i shall prove by and by , when i come to particulars . in the mean time , that you may know what they are , and how they came to be distinguished by this title , give me leave to trace them from their originall , and manifest how they were divided in affection from the parliament ; which appears to be occasioned only by a meer misinterpretation or mistake of some passages in divers declarations of the parliament and army touching the liberties of the people ; wherein they professed , that the compleat settlement of the liberties and peace of the nation is that blessing of god , than which , of all worldly things , nothing is more dear and precious in their thoughts . from this , and the like expressions , a certain sort of men , of busie parts , and that have a mind to seem sombody , immediatly tooke upon them to frame such comments , and chimaera's of liberty , as might fit their own ends and phantsies ; and in time , disseminated such strange principles of pretended freedome , among the common sort of soldiery and people ; that it became evident to all the world , they sought not liberty but licentiousnesse . and the first time that they began to appear considerable in view , was in the year , when that memorable contest hapned betwixt the army , and the corrupt party then prevalent , in both houses and the city : at which time , though they did good service in helping to reduce the one , and purge the other ; yet no sooner had the parliament recovered it self into a state of innocence and freedom , and begun to act in such a way , as they conceived necessary to establish the liberties of the nation , but these men made bold to carp at their proceedings , and crie out against them and the superior officers of the army , as perfidious , and betrayers of the publique interest ; because themselves ( a hot headed rabble , and the meanest of the people ) might not have it setled after their own humor . from whence it appears , the first cause of the difference between the parliament and them , was their bold and impudent behaviour , in presuming to direct their wisdome what to doe , and taking upon them , dictator-like , to define what is liberty , and what not , and how it ought to be established ; as if themselves alone were infallible , and the only champions of vniversall freedom , and the parliament such , as either regarded it not , or sought it's destruction . and , notwithstanding that they have manifested their great wisdom , courage , and care ever since , in carrying on the work of freedom to this height , wherein we now see it , to the absolute confutation of these mens calumnies ; yet their restlesse spirits proceed still in the same violent course , having of late , in a presumptuous manner , presented a mutinous scandalous remonstrance , which ( neverthelesse ) they call an humble petition , to the parliment ; wherein they take advantage , by the present necessities of the common-wealth , to slander them in their proceedings , as oppressors of that liberty which they so zealously mainteine ; and for the necessary defence whereof , they are constrained to continue divers payments upon the people at present , to purchase ●ase in the future . having thus discovered the vanity of their quarrell , in the next place give me leave to shew what their designe is : and this they professe , in that pamphlet , called the agreement of the people , ( set forth may . . ) to be a popular form , or a government by the people , as the only preservative of peace and liberty ; wherein it is required , that the supreme authority of england , and the territories therewith incorporate , may reside henceforward in a representative of the people consisting of persons , and no more ; whereto all of yeares and upwards , are allowed a right to chuse , and be chosen members , except servants and vagabonds . and because all persons have an equality of right to chuse and be chosen , without respect of birth , quality , or wealth , all orders of men being levell'd in this particular , therefore the promoters of this way , are not improperly called levellers ; so that this term of levelling is equivalent with aristotle's {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , which is translated aequalitas juris , the equality of right before-mentioned ; and the same author saith , this plea for equality of right in government , at length introduceth a claim for equality of estates , and the making of such lawes as the * agrarian lawes enacted by the popular boutefeus in rome , whereby it was made criminall for any man to grow richer than ordinary . but of this , more anon . now therefore , since it appears , how injurious their calumnies are , and how perilous their designe is , to the parliament and common-wealth , i suppose it were time lost to stand to prove the improbability of their successe , seeing all persons of credit and fortune , are concerned , to abhorre and detest this wild project : and though the four champions made proclamation in the head of their agreement ; that according to the nature of truth , it hath made its own way into the understanding , and taken root in the hearts and affections of most men ; yet you must know these men they speak of , are only the rude multitude , who understand no more of the businesse , than that it may prove a hopefull way , to mend their own out of other men's fortunes , and satisfie their naturall appetites of covetousnesse and revenge , upon the honourable and wealthy . in consideration whereof , i come next to give you a more exact and lively draught , of the manifold miserable inconveniences of that government , ( or rather , confusion ) so earnestly contended for by the levelling party . first , such a democratick , or popular forme , that puts the whole multitude into an equall exercise of the supreme authority , under pretence of maintaining liberty , is , in the judgment of all states-men , the greatest enemy of liberty ; for , the multitude is so brutish , that ( as the emperour claudius said ) they are * ever in the extreames of kindnesse or cruelty ; being void of reason , and hurried on with an unbridled violence in all their actions , trampling down all respects of things sacred and civill , to make way for that their liberty , which clapmarius calls † a most dissolute licentiousnesse , or a licence to doe even what they list ; according to that of the lyrick , — in vitium libertas excidit . & vim dignam lege regi — when liberty becomes the greatest vice , and degenerates into violence . such a liberty as this is recorded by tacitus , to have been among the parthians , an uncertaine loose kind of people , * living rather without government , than in liberty ; or as salust speaks of the abrogines , a rude sort of men , without lawes , without government , free , and dissolute . and livy † tells you , how things were come to that passe in the popular state of rome , that no regard was had either to the senate , or magistracy , or military discipline , or to the lawes and customs of their ancestors . when affaires are in this condition , then ( as aristotle saith ) mera {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} est extrema tyrannis , meer democracy ( or liberty ) is extreme tyranny ; and ( as besoldus ) plebs perniciosissimus fit tyrannus , the people becomes a most pernicious tyrant . hence it is , saith quicciardin , histor. lib. . very pertinently to our purpose , that many times , when a people have got loose from the yoke of a tyranny or kingly government , out of a desire of liberty , they proceed from one extreme to another , & sese , nisi retineantur , in effraenatam licentiam praecipitant ; quae quidem & ipsa , jure tyrannis , potest appellari , and except they be restrained , run headlong to licentiousnesse ; which also may be rightly called a tyranny . to which accords that of peucerus , who most excellently describes the effects of it in these words : * the study of popular air , applause , and humor , is a madnesse no whit inferior to tyranny it self . those which seek after it , as leaders of the people , become far more cruell and mischievous than single tyrants can be : for , single tyrants are the lesse able to doe mischief , because , they are constrained to stand in fear of others ; but the furious multitude fearing no colours , are hurried on like a torrent , and beare downe all the bankes of opposition . so that ( as clapmarius saith ) reckon up those flagitious enormities of kingly government together ▪ as breach of faith , violation of things sacred , depriving men of their possessions , with all the acts of injustice and cruelty , and they abound much more in a meer popular state ( or levelling popularity ) than any other . and therefore , ( † bodin concludes ) since it is the high road to licentiousnesse and tyranny , it is justly condemned by all wise men of the world . secondly , nor is is only a meer tyranny in it self ; but so far destructive of a free state ( especially a free state newly erected ) that it soon causes a change of it into the form of a regall tyrannie ; according to that maxim of politicians , facilis est transitus à regimine democratico ad monarchicum , the passage is quick and easie from a meere popularity to monarchy ; and that , because of those discontents , emulations , and tumults , which arise continually among them , and whereby their leaders so tire them out , that in a little time , they † willingly yeeld themselves under the yoke of any one person , who seems willing and able to deliver and ease them by a settlement . thus rome , that stately mistresse of the world , who disdained to stoop under victorious caesar , falling afterward into popular divisions , and discords , more fierce than ever , soon grew weary , and willing to bow her neck under * augustus . plutarch compares those popular tumults to the pangs of a woman in travell , calling them {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} reipub : the pains of a common-wealth , that † must needs bring forth into the world some great kingdom or tyranny . now the person invested after this manner , is usually some one of their leaders ; who by soothing and carrying them on upon high and glorious pretences of liberty , gaines so much confidence and power among them , that in the end he bereaves them of liberty to disturb him , or themselves any further . thus , and by such arts as these , julius caesar first erected the imperiall tyranny at rome , as pisistratus likewise made himself absolute at athens , and dionysius the tyrant at syracusa ; who pretending themselves great patrons of liberty , stirred the people up against the senate and counsellers of state , as enemies to that liberty , whereof they were ineed the onely keepers . and it is not to their leaders alone , that they expose the publique liberty , but oftentimes to those out of whose hands it was first recovered : thus , agathocles the tyrant of sicily , periander , and severall others , have by this means , after they had been expelled , regained a possession : and therefore it cannot be improper here , to return the language of our levellers in their late petition , home to themselves ; that since they , and divers others dis-affected persons ▪ are so unwilling to imbrace the common-wealth , in its present state and true condition of liberty , they are to be reckoned the only causers of those taxes and other inconveniences now lying upon us , whereas if they would unite ( as they ought ) our burthens would be inconsiderable , because the royall and forein confederates would have the lesse confidence to assail us , and force these necessities upon us , were we once free from those divisions , distractions , and dis-satisfactions , which presbyters and levellers occasion here among us . thirdly — it cannot but be sad to consider , what tumults and combustions must needs happen every year , by reason of those prodigious multitudes , that are admitted to make choice of the persons to be intrusted in the representative : and though there be one clause in the agreement , which seems to provide against riots at every chusing of the members , yet it is impossible to devise any meanes to prevent those inconveniences which will arise in a self-opinionated multitude upon such an occasion , wherein they all conceive themselves to have an equall interest and power , and touching which it can hardly be expected any conclusion can be made , till from arguments they proceed to cuffs , and so in the end , the club carry the election . fourthly , it hath ever been the custom in these meer popular forms , for the most part to make choice of the lowest of the people , such whose persons are held in admiration by the rest of their fellowes , and like to satisfie them in all their phren'tick humours ; a lively sad example whereof we have in the popular state of athens , where they chose such persons to participate of the supreme authority , as would countenance them , and share with them , in slaying or condemning the richer sort , and then seizing upon their possessions , plundring their houses , and many more such fine effects of levelling liberty . hence it is , they shift and change their governers so often , rejecting , at every new election , such as they have found averse to their licentious waies , as enemies of liberty , under pretence of putting better in their places ; that is , such as indulge them in these and the like courses . fifthly , by this meanes , unlearned , ignorant persons , neither of learning nor fortune , being put in authority , the common-wealth cannot remain safe either in peace or war ; for , though covetousnesse and private necessity , they will exercise rapin and injustice in time of peace , and by reason of their ignorance in the affaries of government , the state must needs run a hazard in time of war , or any other publique extremity . here , let me call to mind a passage of the romans , mentioned by aquinas * ; among whom it hapned , that two persons being chosen by the consuls , for the government of spaine , they were after the election found fault with , the one being very poore , the other accused of being covetous : and when it had been long debated , which of them should be intrusted , at length scipio , to end the controversie , stood up , and concluded neither , because persons so qualified must needs be corrupt in their government , and ever sucking the body politick , like leeches , wheresoever they can lay hold : yet such persons as these , poor , and unexpert in affairs , if they are busie-bodies , and have a nimble faculty of prating , are usually adored by the vulgar , as the onely states-men . sixthly , it is ordinary with the grand demagogues , or leaders of the people , to make sale of elections , and all offices of judicature , honour and authority : and upon these terms they many times admit the better sort into places of power , and turn them out again at pleasure : so that ( * as plato and plutarch say ) meer popularity is no government , but is as it were a market , wherein all offices of government are exposed to sale ; and he ordinarily gains the best bargain of authority , that hath the longest purse , and most powerfull tongue , to perswade the † clerks of the market ; whereby it is to be supposed on the other side , that the purchasers will see themselves no losers ; it being a matter of course , that such as buy authority should sell justice . seventhly , the plea of our levellers for yearly representatives , with this caution , that no man shall be chosen a member of two representatives together , and that in the intervalls we may be governed by a committee of their own members , without a standing councell of state , is very irrationall . for , what understanding can a succession of mean and new elected persons have of the publique affairs , so as to manage them with skill and advantage , in so short a time , seeing it is use and experience that fits a man for the carriage of grand concernments of state . we find in the roman state ( when it was most popular ) that the multitude were never so mad as to cast off , though they took upon them now and then to controll , the senate , which was their standing councell ; and without which no common-wealth can continue of any long standing : and thherefore it is that rather than such a councell of state should be wanting , * aristotle adviseth us to intrust them with affaires altogether , they having all those advantages of observation , custom , and experience which cannot be expected from a tumultuary succession , of raw and unexpert statists . as for example , we read , in what a flourishing condition the common-wealth of athens continued , as long as affairs were ordered by that famous councell , the areopagites ; and no sooner did the power come into the hands of the people , but afterwards all turned to confusion . it were much to be wonder'd , that the state of rome stood so long in a popular form , but that we know it was also underpropp'd by the wisdome and authority of the senate , and had many eminent pillars to support it ; as menenius agrippa , furius camillus , papirius cursor , fabius maximus , ca●o censor , marcus scaurus , and pompey , upon whose vertues its subsistence depended , and not upon those tumultuary sots , the many . thus likewise , the popular state of the † thebans subsisted a while , by the singular wisdome and valour of pelopidas and epaminondas ; who were no sooner gone , but the popularity sunk of it self , and came to nothing . how much safer then must it needs be for the people of this nation , to leave the succession of representatives , and the form of a councell in the fu●ure , with the time and manner of their constitution , and rules for election , to be ordered by the wisdome and discretion of parliament , than after the humour of some obscure p●rsons , whose knowledge and interest in the publique matters , is no whit comparable to theirs , and therefore not to be valued in competition with them , for the ordering of such affaires , as so highly concern the good and peace of the publique . eighthly , this pop●lar form is the only enemy of true generosity and vertue : for , how much the more excellent any man hath approved hims●lfe , either in conduct or councell , so much the more he is suspected , hated and calumniated , by the ungratefull multitude . in the popular state of rome they had lex repetundarum , a law whereby the multitude were inabled to call all publique magistrates and officers to accompt ; a course seeming plausible enough in it selfe : but hence proceeded those liberae accusationes , whereby the people having liberty to accuse magistrates , proceeded to calumniations , and continually vexed with false and unreasonall charges , even those who had been most faithfull , and done very famous services for the common-wealth ; just as our levellers now exclaim against the parliament , and would ( if they might ) rage against them about publique accompts , as appeares by their old agreement , and their late petition ; the consequence whereof would be , that in the end they should be ostracised , and receive an † oystershell , or an ollive-leaf , in recompence of all their labours . thus , the most famous captain alcibiades , having done many services for the athenian populacy , was , only for a petty misfortune ( and no other cause ) in mannaging the warre of sicily , called h●me , and banished both from his command and country . at length , being sent for home again , he made them victorious over their enemies the lacedemonians ; yet notwithstanding so great merits , he was , upon another turn of popular air for a misfortune in asia , sent the second time into banishment by those levellers . so likew●se , another famous athenian captain , themistocles , received no other reward than banishment , for all his meritorious archievements . and miltiades , who erected the grecian trophies in persia , and asserted the liberties of greece against all their enemies , was used farre worse , being kept a prisoner all his life , and after his death , they not onely neglected to give him buriall , but ( to stretch their ingratitude yet further ) condemned his sonne cimon to perpetuall imprisonment . in like manner , they used phocion , the most deserving of all the athenian commanders , but with much more cruelty ; for , they murther'd him with their own hands , and afterward denyed him buriall : whereupon , bodinus relating the story out of plutarch , makes this observation ; that when the multitude begin to insult against the most deserving men , they run beyond all shame and reason . nor was it thus only in greece , but we finde the same humour also among the roman levellers whereof that illustrious family of the scipio's was a sad example . for , scipio major , he that for his famous exploits against carthage , was sirnamed africanus , having rescued rome from the brink of destruction , and freed her from the fear of that pernicious rivall , was , at his return home , so afflicted and vexed with injurious calumnies of the unthankfull rabble , that for quitnesse sake he spent his dayes in a voluntary exile , and at his death , commanded such an * epitaph to be fixed upon his monument , as might testifie to after-times the great ingratitude of his peeple . they accused his brother also , sirnamed asiaticus , of defrauding the common-wealth , and kept him a prisoner . in the same manner , they calumniated likewise the most meritorious scipio nasica ; so that to decline the popular fury , he departed with the good will and consent of the senate , as employed by them upon an embassy to pergamus , from whence he never returned . by this it appears then , that all generous spirits are concerued in reason , to abhor the levelling way of government . ninthly , a aristotle saith , where this levelling popular form is erected , there is a necessity that all persons who are become eminent or potent , either by fortune , or vertue , should receive many high and heinous injuries from the vulgar . and tacitus gives the reason why it was thus in the roman state ; because ( saith he ) the common rabble have a kind of inveterate hereditary hatred against the more noble , and worthy persons , especially such as are councellours of state ; as appears by their frequent calumniating the senators , punishing them sometimes with banishment , as they did furius , and many others , and often with unreasonable fines , as they did b c. sempronius , q. pomponius , and virginius , &c. and all this , for the most part without any cause , but meerly to exercise their spleen , which takes the same course of enmity likewise against all that are wealthy , be they high or low . for , it is reckoned † inter arcana , a prime mysterie of popular government , to use all private tricks and waies of milking and gelding the purses of the rich. nor is that alone sufficient , but they fly out ever and anon into violence , and from plandering they proceed to ●lat levelling of estates , as is evident by those licinian and agrarian lawes made by the populacy of rome , whereby it was provided , that no man should grow too rich , nor be master of above fifty acres of land . and touching this , there is an insolent passage recorded by livy , how that when the senate seemed unwilling to permit the division of certain lands among the common sort , the tribunes , or ringleaders of the people , asked the senators , † how they durst possesse more than fifty acres apeice , yet find fault with a division made of two apeece to the people ! and the same author tells us , so many quarrells and tumults arose about division of lands , that the senate knew not which way to prevent them , till they disburdened the common-wealth , by sending forth colonies , and satisfying them with lands , in the remote parts of italy , and other places . lastly , from levelling they proceed to introduce an absolute community . and though neither the athenian nor roman levellers , ever arived to this high pitch of madnesse ; yet we see there is a new faction started up out of ours , known by the name of diggers ; who , upon this ground , that god is our common-father , the earth our common-mother , and that the originall of propriety was mens pride and covetousnesse , have framed a new plea for a returne of all men ad tuguria , that like the old parthians , scythian nomades , and other wild barbarians , we might renounce towns and cities , live at rovers , and enjoy all in common . now for a conclusion , all these considerations being put together , you may easily spell what leveller is , what the meaning is of those zealous pretenders to liberty and freedome , and what their pretence may come to , it being the ready road to all licentiousnesse , mischief , mere anarchy and confusion ; which whosoever followes , may stay long enough , ere he see the performance of those glorious promises , set forth in their late petition , wherein the people are made to believe fine things ; but i leave them to judge , whether this be the way , [ to sit down securely under their own vines , under the glorious administration of justice and righteousnesse . ] odi profanum vulgus , & arceo . horat. chap. v. a discourse of the excellency of a free-state , above a kingly government . having in the former chapters stated the designes , and given an accompt of those grand inconveniences , which of necessity will ensue a successe of the opposite parties , this next discourse must needs be very pertinent , by way of conclusion , to manifest the excellency of the present government , which they all endeavour to destroy . and though there needed no other argument to prove it , and recommend it to the world , than this ; that it is the only bank , which preserves us from the inundations of * tyranny on the one side , and confusion on the other ; yet it wants not ( of it selfe ) those many advantages , above all other forms , which render it most convenient to promote the peace , wealth , and honour of the english nation . yet it is a wonder to see , how lightly men prize this invaluable jewell of liberty , which hath cost the common-wealth so much blood and treasure , trampling the precious pearl under their feet , like swine ; so that the parliament meet now with as many difficulties to preserve , as ever they had to purchase it . but for this , there are two speciall reasons , which may be collected out of the † florentine's subtile discourses upon livy ; who compares such as have been educated under a monarchy or tyranny , to those beasts which have been caged or coop't up alll their lives in a den , where they seem to live in as much pleasure , as other beasts that are abroad ; and if they be let loose , yet they will returne in againe , because they know not how to value or use their liberty : so strong an impression is made likewise , by education and custome from the cradle , even upon men that are endued with reasonable souls , that they chuse to live in those places and customes of government , under which they have been bred , rather than submit to better , which might make more for their content and advantage . hence it is , that those poore slaves under the turk , persian , tartar , muscovite , russian , french , and spaniard , with other eastern , northern , and western tyrants , are so enamoured of their chains , that they admire their own condition above all others , and ( like the indians ) adore the devill which torments them , because they are ignorant of a better deity to protect them . but besides education and custom , under another form , there is a second reason why men are so degenerous in spirit , as to vassalize themselves , and neglect the maintenance of their liberty ; and that is , a generall corruption and depravation of manners , by luxurious courses , when a nation is even swallowed up with riot and luxury ; so that being slaves to their owne lusts , they become the more easily inslaved unto the lusts of another . the truth of this may be observed in the variation of the roman state ; which in its primitive innocence , was so sensible of liberty , that when brutus and colatinus had once expell'd the tarquins , the people all most readily joyned with then as one man , in defence of their freedom ; yea , they were so zealous of it for a long time , that no relations or considerations whatsoever of former merits , could availe with them to spare those that attempted ought against it : for , when the sons of brutus were found guilty of a conspiracy , to bring back the tarquinian family , they condemned them to death , and their own father was as forward as any , to bring them to execution : so the famous manlius likewise , to whom rome owed both her selfe and liberty , being by him preserved against the galls , in the greatest extremity , was notwithstanding , upon a discovery of his after-intent to surprize their liberty , thrown headlong down the tarpeian rock , within view of the capitoll which he had so nobly defended . by which actions you may perceive , that when rome was in its pure estate , vertue begat a desire of liberty , and this desire begat in them an extraordinary courage and resolution to defend it ; which three walked a long time hand in hand together , and were the causes , that the first foundders of their freedome had so little difficulty , in maintaining themselves , against those invasions which hapned afterward , by the tarquins and their royall confederates . but in processe of time , when the romans had lost that ancient vertue , which purchased their liberty , and an empire over the world ; being softned in their manners , and conquered by their vices whose dominions they had conquered , they soon bowed under the yoke of imperiall tyranny ; and though there appeared afterward some sparks of ancient courage and love of liberty among them , when they took off caesar himselfe , caligula , nero , and in the end rid themselves quite of that tyrannicall stock of the caesars yet ( i say ) because those sparks were kindled only in a few of the more noble soules , and the generallity corrupt and degenerate from their old vertue , therefore such heroick minds as endevoured , could by no means engage them to assert their liberty . it is observable also in all times , the northern and more manly people , that have no acquaintance with luxurious diets and apparrell , nor care much to obtain them , nor to taste of those melting enchantments of more wanton nations , are endued with a greater courage and sence of liberty ; whereas those people that inhabit the delicate parts of the world ( as in asia , and other countries , where civility hath degenerated into effeminacy ) they ever have lived , and do ( for the most part ) continue in miserable slavery , at the will of imperious tyrants : and if at any time there have happen'd worthy resolutions in vertuous spirits , to recover their freedom , they have ( for the most part ) failed in the enterprise , by reason of the corruption of their party , which causeth men at length to decline the common cause , through pusillanimity , faction , treachery , or apostacie ; being more superstitiously inclinable to adore the greatnesse of a tyrant , than really affectionate to the worth of liberty . for this cause it was , that in elder time , the people of naples , milain and florence , lost their freedoms , as soon as they had gotten it ; and of late also the neapolitans failed in their attempt , being a soft effeminate people , easily bribed and courted out of their designe , with spanish gold and complement ; whereas the swisses , hollanders , and divers other hardy people , stuck close to their leaders , and by their constancy , industry , and zeal of liberty , accomplished the work . by which parcell of discourse we may collect , whence it is , that our present governers meet with so many difficulties and oppositions from their owne country men here in england , viz : by reason of our former education under a monarchy , with the generall debaucheries of all sorts of people , which render them admirers of the pomp of tyranny , and enemies to that freedom which hath been so dearly purchased . they are lovers of vanity more than of themselves or their country , humorous , and led with an admiration of old customs to their owne hazard , rather than they will steer a new and reasonable course of farre more convenience and commodity ; so that if the common-wealth had not a party of its owne throughout the nation , men of valour and vertue , free from those corruptions of excesse and riot , and sensible of liberty , it were then in reason to be expected , they could not long maintain their station : but being supported by counsellers , grave , serious , abstemious , and vigilant , and by a soldiery , whose valiant commanders are severe and strict in discipline , both morall and military , when i consider this , with the many other advantages which their enemies have not , their foundation seems to me impregnable , and prompts me to this omen ; that being every way qualified like † those roman spirits of old , they will be courted and confirm'd by the roman fortune . for shame or feare then ( if not for love ) let men forbear an opposition , and consider what an honor it is to be in the list of that party , which have ennobled themselves by their owne vertue and the love of liberty ; for , as cato saith in plutarch , even the greatest kings or tyrants are much ihferior to those that are eminent in free-states and common-weales ; nor were those mighty monarchs of old worthy to be compared with epaminondas , pericles , themistocles , marcus curius , amilcar , barca , &c. and other excellent captains in free-states , which purchased themselves a fame in defence of their liberties . and though now the very name of liberty is grown odious or ridiculous among us , it having been a stranger a long time in these parts ; yet in ancient time , nations were wont to reckon themselves so much the more noble , if they were free from the yoke of regall tyranny ; which was the cause why there were then so many free-states in all parts of the world . in our country here , before the time that caesar's tyranny tooke place , there was no such thing as monarchy : for , the same caesar tells us , how the britains were divided into so many severall states ; relates how cassevellanus was , by the common councell of the nation , elect in this their publique danger , to have the principall administration of the state , with the businesse of warre : and afterward how the severall cities sent their hostages unto him . whereby we perceive it was of old no monarchy , but like to the gaules , with whom it was then one also in religion , divided into provincall regiments ; * withont any entire rule or combination ; onely in case of common perill , by invasion , &c. they were wont to chuse a commander in chief , much like the dictator chosen by the romans upon the like occasion . and now we see all the western world ( lately discovered ) to be , and generally all other countries are , in puris naturalibus , in their first and most innocent condition , setled in the same form , before they come to be inslaved , either by some predominant power from abroad , or some one among themselves more potent and ambitious than h●s neighbors . and such was the state heretofore , not on●ly of our nation , but of gaule , spaine , germany , and all the west parts of europe , before the romans did by strength and cunning unlock their liberties . and such as were then termed kings , were but as their generalls in war , without any other great juris●iction . if we reflect likewise upon the ancient state of italy , we find no other forms of government but those of free-states and common-weals ; as the tuscans , romans , samnits , and many others ; nor is there mention made of any kings in italy besides those of the romans , and porsenna . concerning the ruine of whose family , though histories are silent ; yet we reade , that tuscany ( whereof porsenna was king ) became afterwards a free-state , and continued so zealous of liberty ever after , and such haters of monarchy ; that they denyed the veians their assistance against the romans , for no other reason , but because those veians had made choice of a king to protect them in their necessity ; saying , that they scorn'd to joyne with those men who had subjected themselves to the government of a single person . nor is it onely a mere gallantry of spirit which invites men to the love of freedome ; but experience tells us it is the most commodious and profitable way of government , conducing to the enlargement of a nation every way in wealth and dominion . * it is incredible to be told ( saith salust . ) how exceedingly the roman common-wealth increased in a short time , after they had obtained their liberty . and guicciardin affirmes , that † free states are most pleasing to god ; because that in them more regard is had to the common good , more care for impartiall distribution of justice to every man , and the minds of men are more inflamed with the love of glory and vertue , and become much more zealous in the love of religion , than in any other form of government whatsoever . it is wonderfull to consider how mightily the athenians were augmented both in wealth and power , in the space of one hundred years , after they had freed themselves from the tyranny of pisistratus ; but the romans arrived to such a height as was beyond all imagination ▪ after the expulsion of their kings . nor doe these things happen without speciall reason , forasmuch as it is usuall in free states to be more tender of the publique , in all their decrees , than of particulars , whereas the case is otherwise in a monarchy ; because in this forme the princes pleasure usually weighs down all considerations of the common good . and hence it is , that a nation hath no sooner lost its liberty , and stoopt under the yoke of an vsurper , but it immediately loseth its former lustre ; the body fills with ill humours , and may swell in title , but cannot thrive either in dominion or riches , according to that proportion which it formerly enjoyed ; because all new acquisitions are appropriated as the princes peculiar , and in no wise conduce to the ease and benefit of the publique . — it is observable likewise in the course of hereditary monarchies ; that though a nation may have some respit and recruit now and then , by the vertue and valour of a prince , yet this is very rare ; and when it doth happen , it usually lasts no longer than his life , because his successor ( for the most part ) proves more weake , or vicious , than himself was vertuous . for , as dantes the italian poet saith , non sicut in ramos ex imo stipite succus influit , in liberos sic orta parentibus ipsis descendit virtus . — vertue is not transmitted from father to sonne , as the sap of a tree is from the root to the branches . vertue is lost in the descent , and comes not by traduction : therefore ( machiavel saith ) not he that placeth a vertuous government in his owne hands or family , and governs well during his naturall life , but he that establisheth a lasting form for the peoples constant security , is most to be commended . it is recorded in * history , that the hereditary course of government was so odious to the hungarians , that when ferdinand the first , king of the romans , laid claim to that crown , as heir in his wives right , they chose rather to make a league with the turk , than subject their state to the inconveniences of an hereditary succession . regibus est aliis , potiundi jure paterno certa fides , sceptrumque patris novus accipit hares . nos , quibus est melior libertas , jure vetusto , orba suo quoties vacat inclyta principe sedes , quodlibet arbitrium statuendi regis habemus . the german poet gunther ( who reduced much of policy into poetry ) in these verses commends the fashion of his own country , that since they had accepted the regall or imperiall form of government , they were accustomed to trust their own judgments in making choice of their emperour , rather than receive him blindly from the hand of chance or fortune : nor doe i find any that think a monarchy tolerable otherwise than upon terms of election , except it be lipsius , and such partiall pen-men as himself , who were held in pension or relation by hereditary tyrants . for , besides that common reason disswades men from taking governers at adventure , without respect of wisdome or vertue ; so if we take a view of the miserable events of it in all histories , it must needs deterre men from the love of such a succession : and therefore the argument usually brought in defence of it , that it is the only way to prevent the inconveniences of an interregnum where the heire is uncertaine , is of no validity ; since it hath caused ten thousand times more bloody disputes between pretenders in point of title , than ever happened in those inter-regnall controversies , whith have risen betwixt competitors by way of election ; witness the tedious fatall bickerings which happened in france and other nations among princes of the blood , and here in england , between the two houses of yorke and lancaster . it is observed also , out of the antient roman history , that all those emperors which ruled by right of inheritance , proved most of them no better than savage beasts , and all of them wicked , except titus ; but such as were advanced by election approved themselves noble and vertuous , as you may see in those five that succeeded nerva to marcus : and no sooner did the empire return again into a course of inheritance , but it ran to a losse , and at length to the ruine of its glory and greatnesse . but , to wave this digression touching hereditary and elective monarchies , i affirm , that neither of them are to be compared with a free-state , nor to be admitted , unlesse it be the latter by way of election ; and then only in case of extreme necessity , as the roman common-wealth was wont now and then to create their temporary dictators , into whose single hands they transmitted the whole power of ordering affairs , in time of urgent and imminent danger , to avoid the inconvenience of delay which might be occasioned through the variety of opinions , and multiplicity of counsels : howsoever elective kings are found fault with , because they usually practise such sleights , that in a short time , the government which they received for their own lives , becomes entailed upon their families . it is to be considered also , that the kingly are not much lesse destructive , than the levelling popular tyrannies to gallant and worthy men . — sors ista tyrannis convenit ; invideant claris , fortesque trucident . nor is it the worse sort of kings or tyrants only , that hate brave and deserving persons ; but even the most moderate , and those that seem to be the best ▪ conditioned become jealous and distastfull , supposing the fame and gallantry of their subjects , detracts from their own estimation : and therefore they usually consult which way to dishonor or destroy them ; by which means men are terrified from the love of glory and vertue . * demosthenes tells us , philip the macedonian was so full of vain-glory , that he would arrogate the worthy deeds of his friends , and other men , to himself , and make them seeme to be his owne : and he ever hated those commanders and governors which were victorious and successfull , more than such as were either carelesse or unfortunate . his son alexander was of the same humour too : for , when † antipater had gained a victory , which he intended himself to have had the honor of , he could not forbear to utter his indignation , reckoning himself injured by the merits of his subject and servant . and at another time , he caused parmenio to be put to death , for no other cause , but because he hated him , being suspitious of his extraordinary merits . thus the emperour vespasian likewise behaved himself toward the generall antonius , by whose means rome was secured from him against vitellius , and the imperiall diadem placed on his head , which was no sooner done , but vespasian , in stead of a reward , casheered him of his command , and all other imployment whatsoever ; so that sinking under the burthen of his owne despaire , and the others ingratitude , he lived not long after . in like manner , alphonsus albuquerquius , after he had brought most part of the east indies under the obedience of his master the king of portugall , was sent for home ; and outed of his command , died for meer grief and sorrow . nor did consaluus the great or ferdinando cortese , fare any better for all their services : * consaluus , after he had driven the french out of the kingdom of naples , and subdued it to ferdinand of arragon , was by him , at his coming to naples put out of his command , and carried into spaine in little better condition than a prisoner , where his heart broke for griefe immediately . how miserable then is the condition of the most generous spirits under tyrannous royalty , wherein princes count themselves dis-obliged by the bravest actions of their subjects ! and tacitus tells of one of the caesars upon the like occasion , that he conceived it prejudiciall to his own honor and fortune , and supposed himselfe insufficient to recompence extraordinary merits . for , good turns seem then only acceptable to princes , when they may be easily requited ; otherwise , they return hatred in stead of thanks . cominaeus also reports it from lewis of france his own mouth ; that he much more loved those whom himselfe had obliged by bounty and courtesie , than such as had obliged him by their deserts . yea , so dangerous a thing is vertue in prince's courts , that it is as much as a man's life is worth to be commended for it . and to this purpose we have a story in polybius lib. . how that one apelles being enemy to aratus , a favorite of king philip the macedonian , took occasion to extoll him most highly to the king , as a person admired by all for his many rare and incomparable vertues , knowing this was the way to bring him out of the king's favor ; which was ( saith one ) a new way of revenge , and it took effect to the destruction of aratus : for , after a while , he became so much disrelished , that the king gave him a dose in convenient season , which rid him away by a lingring sicknesse . and aratus so well understood how the case was with him , that when his friend cephalon came to visit him in his chamber , and asked how it came to passe that he spit blood ? o cephalon ( said he ) these are the rewards of kingly friendship and acquaintance . our own histories , and our neighbours of france , might furnish us with instances enough of the same nature ; but at home here look no further than harry the th . and we find him ever and anon be-dabled with the blood of the most deserving persons , as well as most of his predecessors . what persecution hath hapned since , is notorious to all of the meanest reading and observation ; so that seeing it appears there is as little security for the bravest spirits , in a regal , as in a popular tyranny , certainly , all persons of generous thoughts and resolutions are much more concerned to dislike it , and apply themselves to the love of a free-state ; it being concluded by aristotle the best of governments , and is by experience known to be most conducing to the advancement of a nation every way in honor , profit , and dominion ; having ever produced many more excellent heroes , than any other form , upon the stage of action ; as is evident in the grecian , roman , and modern stories . but one great argument of exception ( i perceive among some ) against this government is ; because men are permitted the freedom of their souls and consciences in the profession of religion . this they conceive inconsistent with the publique peace ; that no state can be of continuance with such a toleration ; and that it is not agreeable to the word of god . to the latter part of this assertion , i answer , that prudent toleration of opinions in matter of religion could never be proved yet , by any of our episcoparians and presbyterians , in all their vvritings , to be repugnant to the vvord ; being as farre to seek this way , as they are to convince us of the sacred necessity of a nationall vniformity . severall instances there are to shew , how this common-wealth hath punished those wild pretenders , that professe manifest libertinism and blasphemy ; many of whom at this day are in custody : and as long as these ill weeds are rooted out of the garden of the church , the wholesome tender plants will thrive in beauty and vertue , under their severall measures , and dispensations . and that variety of opinions can be no way destructive of publique peace ( as is pretended ) is evident by the customs of other nations , both heathen and christian . the * egyptians have now among them no lesse than four severall sects , differing in doctrine and discipline , and all derived from the superstition of mahomet . yet their great pontifes and priests , live in amity together , void of hatred and strife ; and the common people also behave themselves accordingly , without brauling or enmity . and it is usuall for the more learned sort of them , to dispute with each other , and defend the opinions of their party , which they are allowed to do with all liberty , so long as they flie not out into language against any of the four doctors , who were the first patrons of those opinions . wherein if any chance to offend , they are punished by fine and imprisonment . lipsius tells us , that in the isle of japan , there are no lesse than nine religions , every man being at liberty to professe which he please : so that in the same house you might see the husband of one religion , the wife of another , the son of a third ; and yet no heart-burning nor difference among them , to the disturbance of the family . the turk ( we see ) also allows an equal liberty to christians and jews , yet his empire hath long continued firme and peaceable , notwithstanding the variety of opinions tolerated among those of his own sect , and others . the case is the same likewise in severall christian dominions ; as poland , transylvania , hungary , and even in the protestant dominions in germany . yet the experiment is brought nearer home to us by our neighbours the states of holland , who by a prudent toleration of severall professions , have established themselves in such a measure of peace , plently , and liberty , as is not to be equalled by any of the nations round about them . and the reasons why those nations continue in peace , notwithstanding their difference in religious opinions , are confessed by the same lipsius ( a great roman catholick ) to be these : first , because the prince , and he that is the high priest , among them , carry themselves with the same aspect upon all , giving no countenance to one more than another . secondly , because they severely punish such as offer to disturb their neighbours about any matter relating to religion . thirdly , because they suffer not that religion to be evill spoken of , which is publiquely professed by the prince or state : whereby it is implyed , that a toleration of different opinions in religion , can be no prejudice to the peace of a nation , so long as these rules are observed ; but rather a grand preservative of publique quiet ; whereas persecutions for matter of religion have ever been all the world over the great incentives of sedition . and since it is of unavoidable necessity , that ( while the world stands ) there will be divisions of opinion , certainly such a course must needs be most rationall , which shall provide waies of remedy against such inconveniences as may follow them , rather than inventions of torture and torment to thwart and stifle them ; because the understandings of men can no more be compelled than their wills , to approve what they like not . so that from hence it appears plainly , the great pretenders of nationall vniformity in religion , those high imperious vniformity-mongers , that would have men take measure of all opinions by their own , are the greatest disturbers of states and kingdomes ; and seem of the same straine with the tyrant mezentius , who , if his guests were too long for his bed , cut them shorter , and if they hapned to be too short , he had engines of torture to stretch them longer ; being resolved to fit them all to his own measure and humour . severall other objections there are against this new government , in the mouths of many people ; but they are founded upon outward sence , more than inward reason ; they raise arguments from those things which are the effects of present necessity , and not of the nature of the government it self , whereas if men would unanimously joyn in an establishment , no such necessity would be : but as now , so alwaies all alterations of government ( though for the better ) have been declaimed against by the more ignorant sort of people , supposing those burthens will remain for ever , which governors are constrained to lay upon them for present subsistence and security : yet it hath been ever observed likewise , that the more willing and forward people have been to settle in peace under a new government , the sooner they have been eased of all their grievances and pressures ; according to that saying of * curtius , obsequio mitigantur imperia . and therefore in this case , † cicero adviseth all men that would be safe , to submit unto necessity . whence is it that taxes continue , but from absolute necessity ? and this necessity is much augmented by the peevish humours of people ; who remaining unsetled , give cause of jealousie to the state , and of hope to their enemies ; so that they are forced to keep up an army for security . when things stand thus , a tacitus affirms there can be neither peace nor security without armies , nor armies without pay , nor pay without taxes . and therefore ( saith he ) they aim at a destruction of the government , that would take away those profits whereby the common-wealth is supported ; from whence ( by the way ) may be collected , what the meaning of our levellers is , in demanding a present release of all taxes and payments . and whereas great complaint is made against the imprisoning men in unlawfull waies , and trying them by extraordinary courts and commissions of justice , know that of tacitus takes place ever upon extraordinary occasions : b magna exempla semper habent aliquid ex iniquo , quod tamen adversus singulos utilitate publicâ rependitur . great examples are not tyed strictly to the rule ; and though some particulars suffer by swerving from it ; yet recompence is made in that profit , which redounds to the good and safety of the publique : for , it cannot in reason be presumed , that such ordinary proceedings as are used in times of peace , can be sufficient to secure a common-wealth , during the necessities of warre , at which time * laws use to be silent , and those courses are judged most just and equitable , and have ever been allowed so by all states and states-men , which are dictated by common reason and prudence , for their necessary preservation , to this accords that of queen dido in virgil , res durae , & regni novitas , me talia cogunt moliri . — and that of hercules in the tragedian ; quod civibus tenere te invitis scias , strictus tuetur ensis . — therefore if men will not submit and settle , but keep the state by their obstinacy , under the necessities of warre , they must ( if they plot or attempt any thing against them ) expect such proceedings and consequences as attend the sword when it is drawne : but would they close cordially in affection , and be resolved once to settle , in opposition to all invaders , and intruders , and let the common-wealth have leave to take breath a little , in the possession of a firme peace , then they would soon find the rivulets of a free-state , much more pleasing than the troubled ocean of kingly tyranny ; begetting fertility and verdure ( as they run along ) in all the medowes , and reviving those pastures which royalty was wont to drown and swallow . had they but once tasted the sweets of peace and liberty both together , they would soon be of the opinion of * herodotus and demosthenes , that there is no difference between king and tyrant , and become as zealous as the antient romans were in defence of their freedom . and though this discourse may sound like that concerning the joyes of heaven in the ears of ordinary people , as of blessings afarre off ; yet since it is in your power to hasten them , why stand ye off , and delay ? ye may ( if you please ) by an unanimous obedience , quickly open the fountains of future happinesse , that justice may run downe as a mighty streame , in the channell of the lawes and righteousnesse and peace imbrace each other . seneca in here ▪ fur. si aeterna semper odia mortales gerant , nec caeptus unquam cedat ex animis furor , sed arma faelix teneat , infaelix paret ; nihil relinquent bella . tum vastis ager squallebit arvis , subdita tectis face altus sepultas obruet gentes cinis . pacem reduci velle , victori expedit , victo necesse est . — finis . an appendix , added out of salmasius , and m. hobbs . notwithstanding that i have already in the former part of this treatise , sufficiently proved these two particulars , viz. [ that the power of the sword gives title to government : and that governers thus invested ( though perhaps unlawfully ) may , and must be lawfully obeyed ; ] yet being to appear in the world with a second impression , and in regard of the present controversie touching government , hangs upon these two hinges , i thought meet to fasten them more surely upon the reader , and drive the nailes home to the head , by inserting some additions , which i have collected out of salmasius his defensio regia , and out of m. hobbs his late book de corpore politico . not that i esteem their authorities any whit more authentick than those which i have already alledged ; but onely in regard of the great reputation allowed unto those books by the two parties , presbyterian and royall ; and i suppose no man may triumph , or cry a victory , more honourably then my s●lfe , if i can foile our adversaries with weapons of their own approbation . wherefore i commend the whole to the consideration of those hotliver'd gentlemen , which call themselves the non-subscribers of cheshire , lancashire , and the parts adjoyning ; who may ( if they please ) find a faire return here for all their malicious expressions , and matter enough , whereby to frame answers to their own futilous objections . how fairly the sword trans-mitted a title to our present governers , and how lawfully they stand possessed , is cleared in the first part of this treatise in particular ; but the onely drift at present is , to determine the point of power in generall , and of submission and obedience to such a power , though it had been unlawfully gained . and now to the purpose . of the power of the sword , in point of title , according to the opinion of salmasius , in his defensio regia . pag. . and . he saith , people usually submit to the will and pleasure of others , in a twofold manner , and yeeld to be governed by them , either by force and constraint after victory , or voluntarily by their own consent . both these wayes they are conceived to quit their own power , and transfer it irrevocably to him ( or them ) that take them into protection . and though such as are subdued by arms lose their power by force , yet being necessitated to yeeld submission to the victor , he is supposed to rule over them by their own consent . moreover , it is to be observed , that in this case , not all those which yeeld to the conditions of an unjust peace imposed by the enemies , but those only that bare arms , are understood to be the conquered party : and because the rest that never bare armes are constrained to follow the fortune of the other , therefore for the setling of a firm peace , there followes a necessity of such a compact or agreement ( though it seem somewhat unjust ) that the conquerors should give law , and become lords to them all , as the conquered party . therefore when augustus had deprived the romans of their liberty by force of armes , the people seeing him in a condition to impose what lawes he pleased upon them , framed a law royall , whereby they resigned up all power into his hands , when they could no longer resist him , and took an oath of allegiance , as you may read there at large . and this he illustrates , pag. . by a simile ; that as in the case of a rape by the old law , if a woman had once desired to marry a man , and it had hap'ned afterwards that he took her away from her friends by force and ravished her , she was no lesse his lawfull wife , than if she had been given to him by her parents ; the marriage also became as lawfull , though she were forced , if she gave consent to it after the rape : so likewise the same may be said of him , or them , who hold a government over men by force after a victory ; * forasmuch as by that consent of the people , which the people can no longer deny , the power of governing is established in the conquerors hands , and becomes no lesse lawfull , than if the people had consigned it to them of their own accord . pag. . quod armis quaeritur , transit in ejus dominium qui acquisivit , &c. whatsoever is sought by force of armes , falls of right into his power , who hath made himself master ▪ hence it was , that when ever such as were overcome in war , sought to change , or cast off their new lords and masters by rebellion , being proved guilty of the fact , * they were either imprisoned , or hanged . for , ( saith he , pag. . ) it is evident , even by the light of naturall reason , that such as are subdued ought ever to remain subject to the subduers , † because they had quarter given by the conqueror , when by the law of armes it was in his election to destroy or save them : and therefore they are bound , in consideration of his favor and protection , to serve and obey him faithfully . pag. . he saith , that at this day there is no common-wealth or kingdome extant in europe , asia , or africa , that can lay claim to any other beginning and increase of their greatnesse . and pag. . he saith , that if the transferring and holding of governments on this manner by way of purchase and possession , were not allowable , then it would follow there are no lawfull ones now in the world , * since there are very few or none at all , that had any other beginning . thus alexander the great carried away the empire from the persians . after his death , his great captains by force converted the severall provinces under their command into so many kingdoms , which in time were swallowed up by the roman empire . at length likewise , the roman was divided by those barbarous nations , that issued like an inundation out of the north , and over-ran europe , asia , and africk . in britain , the saxons drave out the old britains , the danes the saxons , as the saxons afterward drave out the danes again , and then were themselves subdued by the normans . of submission and obedience to power ( supposed usurp'd and unlawfull ) according to the opinion of the same salmasius , ut suprâ . pag. . speaking about christ and his apostles paying tribute to caesar , saith he , who was this caesar , to whom they paid tribute ? was he a good and lawfull prince ? or , was he not rather a cruell tyrant , both in the usurpation , and exercise of his power ? it was tiberius that then reigned , who by the practises of his mother , possessed himselfe of the empire , to which he had no right , and secured it by the subtile sleights and wickednesse of a woman , while the right heire was excluded . having invaded the soveraignty as a tyrant , as a tyrant he ruled ; yet since christ himself so freely and willingly submitted himself , did he not in so doing signifie by the doctrine which he delivered , and commanded his disciples to publish to all nations , that he desired not any change of that form of government , which was then established ? and did not his apostles delare to their successors , and recommend unto the people , the very same doctrin which they received from their lord and master ? peter , in that his epistle generall , which he wrote to the jewes , scattered in all nations , cammanded them to submit to every ordinance of man ; by which ( according to the best interpretation ) is meant all principality , or magistracy whatsoever . to whom accords paul in his . to the romans , where , according to the old greek copies , we read , [ to all super-eminent powers ] and in the old latin [ be ye subject to all higher powers ] as it is read also by irenaeus and ambrose in their commentaries . and whereas peter saith , [ to every ordinance of man ] it is meant to every power which is set over men , to all magistrates , as well as to kings , and whereas he saith , to the king as super-eminent , it is to be noted , that epistle was written from babylon ; and so the subjection must be meant then of the king of the parthians , to whom he willed the christians in the provinces of that countrey to be subject ; and whereas it was super-scribed to the converted jewes that dwelt in pontus , galatia , cappadocia , asia , and bithynia , those things spoken by peter , may be meant likewise of the roman emperour . and who was emporour at that time but nero ? no ordinary tyrant , but the most notorious cruell tyrant in the world : so that in all times since his name hath been made use of , by all nations , as an ordinary appellation for the worst of tyrants . but whether it were to the king of the parthians , or to the roman emperor , or whatsoever tyrant besides , peter affirms there is a debt of subjection due unto them from the people . so likewise doth paul , in his fore-mentioned chapter to the romans , and gives the reason , why we should submit to all supereminent powers ; because there is no power but of god ; the powers that are , are ordained of god : and from thence he infers , whosoever resists the power , resists the ordinance of god , and they that resist shall receive damnation . lastly , he saith , subjection must be yielded , not only for fear of the anger of the magistrate , but also for conscience sake : as if we could not preserve a conscience pure and upright before god , except we paid the obedience due unto all magistrates whatsoever , without dispute concerning their right of power and supremacy . pag. . paul in his first epistle to timothy , ch. . exhorts that prayers and supplications be made for all that are in authority , that we may lead a quiet and peaceable life in all godlinesse and honesty ; because godlinesse and honesty cannot well subsist without peace and tranquillity ; and there can be no peace and quietnesse without the safety of our governers . but what were those governers which the apostle commanded us to pray for ? certainly , they were tyrants by usurpation , that ruled in a tyrannicall manner , haters of the true religion , persecutors and idolaters . yet this was the rule , this the law , this the commandement . and , as he observes , pag. . christ himself was content to be born , to live and pay obedience , to acknowledge their authority in matter of tribute and judicature , and at last to be condemned injuriously , and suffer death most shamefully , under a tyrannical usurped government . — much more he hath to the same purpose ; but let this suffice out of one of their own oralces , to shew ; that if the present power were usurp't , ( as our antagonists would suppose , though as yet they never proved it ) yet their consciences cannot be secure from the guilt of that treason , wherein they must needs involve themselves , if they proceed in their pertinacious courses of disobedience and opposition . arguments for submission , brought out of mr. hobbs his book ▪ de corpore politico . if it be true , which mr. hobbs saith ; that the cause in generall which moveth one man to become subject to another , is the fear of not otherwise preserving himselfe . and if a man may subject himself to him that invadeth , or may invade , for fear of him . or , if men may joyn among themselves , to subject themselves , to such as they shall agree upon for fear of others : and , if when many men subject themselves the former way , there ariseth thence a body politick , as it were naturally ; then it appears , that since there is no other possible way to preserve the wel-being of this nation ; but by a submission to the present powers ( as i have proved in the second part of this treatise , ) we may pay subjection to them , in order to our security : nor can any hold a plea for non-submission , upon pretence of having been invaded , or over-mastered by those whom he reckons here as invaders , or vsurpers . nor can the prevailing party of this nation be blamed in any wise , for joyning among themselves , to subject themselves to such as are now in authority , for fear of forreign invaders ; but having thus subjected themselves , they are naturally , lawfully , and completely united in the form a of body politike , or common-wealth , truly called , the common-wealth of england . mr. hobbs saith further ; the end for which one man giveth up , and relinquisheth to another , or others , the right of protecting or defending himself by his own power , is the security which he expecteth thereby , of protection and defence from those to whom he doth so relinquish it ; and a man may then account himself in the state of security , when he can foresee no violence to be done unto him ▪ from which the do●r may not be deterred by the power of that soveraign or supreme authority that is set over them ; and without that security , there is no reason for a man to deprive himself of his own advantages , and make himself a prey to other● how far therefore in the making 〈◊〉 common-wealth , man subjecteth his will to the power of others ▪ must appear from the end , namely , security . ●rom whence may plainly be inferred , that since no security for life , limbs , and liberty ( which is the end of all government ) can now be had here , by relinquishing our right of self-protection , and giving it up to any other power beside the present ; therefore it is very unreasonable in any man to put himself out of the protection of this power , by opposing it , and reserving his obedience to the k. of scots , or any other power whatsoever , it being clear , that neither he , nor any other , can now protect us , by affording any possible present security from violence and injury . sect. . he saith , and forasmuch as they who are among themselves in security , by the means of this [ power , or ] sword of justice that keeps them all in awe , are neverthelesse in danger of enemies from without , if there be not some means found to unite their strengths and naturall forces , in the resistance of such enemies , their peace among themselves is but vain . and therefore it is to be understood as a covenant of every member , to contribute their severall forces for the defence of the whole , whereby to make one power , as sufficient as is possible for their defence . now seeing the use of every mans strength is transferred to him , or them , that have the sword of justice , it followeth , that the power of defence , that is to say , the sword of war , be in the same hands , wherein is the sword of justice ; and consequently those two swords are but one , and that inseparably and essentially annexed to the supreme power . sect. . moreover , seeing to have the right of the sword , is nothing else but to have the use thereof , depending only on the judgment and discretion of him , or them that have it , it followeth , that the power of indenture in all controversies , wherein the sword of justice is to be used ; and in all deliberations concerning war ( wherin the use of that sword is required , ) the right of resolving and determining what is to be don , belong to the same soveraign or supreme power . sect. . farther , considering it is no lesse , but much more necessary to prevent violence and rapin , than to punish the same when it is committed , and all violence proceedeth from controversies that arise between men concerning meum and tuum , right and wrong , good and bad , and the like which men use every one to measure by their own judgements , it belongeth also to the judgement of the same supreme power , to set forth and make known the common measure by which every man is to know what is his , and what another's ▪ what is good , and what bad , and what he ought to do , and what not , and to command the same to be observed . and these measures of the actions of the subjects are those , which men call laws politick , or civill . the making whereof , must of right belong to him that hath the power of the sword , by which men are compelled to observe them ; for , otherwise they should be made in vain . all these sections are so expresse and positive to our purpose , that i need not presse the inferences for submission , upon the meanest understanding . there are three titles onely , by which one man may have right and dominion over another . the first is hereditary , and takes place upon supposition of children begotten : the other two may take place presently , and these are voluntary offer of subjection , and yeelding by compulsion . likewise ( he saith in the . chap. sect. . ) a man is released of his former subjection by conquest . for , when it cometh to passe , that the power of a common-wealth or kingdom is overthrown , he is discharged of his obligation to the former : for , no man can serve two masters . and since god speaketh not in these daies to any man by his private interpretation of the scriptures , nor by the interpretation of any power above , or not depending on the supreme power of every common-wealth , it remaineth , that he speaketh by his vice-gods , or lievtenants here on earth , that is to say , by soveraign kings , or such as have soveraign authority as well as they . these things considered , it will easily appear , that under the soveraign power of a christian common-wealth , there is no danger of damnation from simple obedience to human laws : for , in that the soveraign alloweth christianity , no man is compelled to renounce that faith , which is enough for his salvation , that is to say , the fundamentall points . and for other points , seeing they are not necessary to salvation , if we conform our actions to the laws , we do not only what we are allowed , but also what we are commanded by the law of nature , which is the moral law taught by our saviour himself . and it is part of that obedience which must concur to our salvation . sect. . and though it be true , that whatsoever a man doth against his conscience , is sin ; yet the obedience in these cases is neither sin , nor against the conscience . for , the conscience being nothing else but a mans setled judgement , and opinion , when his right of judging is once transferred to another , that which shall be commanded , is no lesse his judgment , than the judgment of that other . so that in obedience to laws , a man doth still according to his own conscience , but not his private conscience . and whatsoever is done contrary to private conscience , is then a sin ▪ when the laws have left him to his own liberty , and never else . these things ( together with the whole treatise ) i once again recommend to all non-subscribers ( whether royall , or presbyterian ) god give them impartiall hearts to weigh the particulars . rode , caper , vitem ; tamen hîc , cùm stabis ad aras , in tua quod fundi cornua possit , erit . finis . notes, typically marginal, from the original text notes for div a e- ecclesiastes cap. . * continua est rebus generatio & corruptio . arist. de gen. & corr. . lib. . cap . annal. certis eunt cuncta temporibus . nasci debent , crescere , & extingui . senec. consol. ad hel. — numina rebus crescendi posucre modum . lucan . cic. de divin. num●ri fatales , vel periodi . plat. prudent . lib. post . in sym. ovid . ovid . metam . de fato vide lips . polit. l. . c. . & l. . c. . & in uotis ad lib. . polit. cap. . ●lapmar . . vide richter ax●om . pol. à pag. . usque ad . sence . nat. quae● . epist. . besold . . * peucerus de divinat . gen. fol. m. . & gregor. richter , ax●om polit. & occonom . . ●cum●multis aliis . herod . isocr . symm . idem ? numerus quingentesimus est fatalis . ultra quingentos annos non durant regna , ut estēdunt historiae omnium temporum . peucer . in lect. chron. ann. . & . illud est abantiquissimâ memoriâ proditum ; civitates omnes anno quingentesimo converti , aut everti . bodin . l. . de repub. c. . east periodus fatalis regnorum & rerumpublicarum , plerumque congruat , ad annos quingentos ; tamen multa regna circa medium b●sas●periodi defecerunt : strigel . u reg. ● . peucer . de devin. p. . * hoc est , anno ab v. c. . v. p. greg. lib. . de repub. cap. . & greg. right . in axiom . pol. annus . est fatalis principibus familiis . matthias christianus in specul. . vide mich. in axio . occ. . the empire hath been usually translated from family to family , at the end of the one hundreth year . ibid. centesimas periodos fatales esse regnis , & regiis stirpibus , ostendunt historiarum monumenta . peu . in orat . de miraculosa 〈◊〉 . * irriti sun● conatus humani . vide richter . . * nulla vis bumana vel virtus , incruisse unquam potuit , ut quod praescripsit fatalis ordo , non fiat . ammian . lib. . vide peterium supra genesin . gen cap. . vide justinum , & alios . veluti , è specula quadam , libertati omnium insidiatus , dum contentiones civitatum alit , auxilium inferioribus ferendo , victos pariter , victorésque subire regiam scrvitutem coegit . just . l. . gen. . v. . kings . kings . cap. . chron. ● . . ver. . vide anto. nebrissensem de bello navarriensi . vide autorem lusitaniae liberatae . covaruv . pr. quae●t . . ut pat●● ex aurea bullá c●roli iv. c. . see instrumentum pacis . feuda germanica , praecipuè dignitatum illustrium , ex provisione legis fundamentalis , & consuctudine perpetuae observantia , ita ad liberos & agnatos pertinent , ut nec crimine lasae majestatis confiscari , nec bollo justo , in praejudicium liberorum amitti possi●t . ut aiunt j. c. germani . see instrument . pacis . plenum regnum est in florentino ducatu ; quale plerumqne subsequitur armis oppressam libertatem . besold . in synopsi . c. . nic. mach. de principe . c. . * ad mucronem gladii sui appellavit . girard . l. . pasquier . . c. . † jactitare so●ebat , suâ potissimùm operâ effectum fuisse , ut regnum gallicanum quasi ex tutelâ , ad plenam pubertatem fuerit redactum . besold . in synops . c. . lehmann . . cap. . senatus parisiensis in judicum curiam transmutatus . besold . see malvezzi , in the events of the spanish monarchy . caesar in comment . see the english chron. histor. norman . * norman . ille spurius , guil●●lmus . dictus , anglicanum regnum vi occupavit ; legesque tulit , nullas accepit . besoldus in synopsi . l. . c. . see the chronicles . vide grotium , de jure b●lli , l. . c. ● . bello ut alia acquiri pessunt , ita & jue imperantis , &c. horat. de iure belli . lib. . cap. . polit. cap. . polit. c. . & l. . c. . & . a●ist . . polit. cap. . bellarm de laicis , c. . molina . de jure & just . tract. . dist. . judicium sibi privatus sumere non debet , sed possessioenem sequi . lib. . c. . respectu prima ●ausa ●muia imperia legitima esse concedo ; sed si quaeras de causis intermediis , &c. rom. . tract. de majest cap. . de regalibus , c. . num . . * necessitas summa reducitres ad merum ius naturae . grotius de jure belli . l. c. grotius inter pr●legomena de jure belli : grotius ibid. nic. mach. de principe , c. . see grotius ib. vim iusque parilis copulans vin●li iugo . grot. lib. . c. . * iure belli . eventus belli , velut aequus judex unde ius stabat , victoriam dedit , livius . † si qui jure suo uti non possunt , coru● jus accrescit praesentibus : grotius de iure belli , l , ● . , c. . majestatem realem durare constat , quamdiu , vel vi maj●re , vel omnium quorum interest consensunon mutatur . besold . de majest. cap. . dicitur verò summa , qui● non alium nisi deum & gladium recognoscit ; atque ideò suae origini● quasi author existit , &c. arnisaeus de majest. c. . bello ut alia acquiripossunt , it a & jus imperantis in populum , & ju● quod in imperio habet ipse populus grot. de jure belli . l. . c. . * lib. de legib. . cap. . in tract at . de legatis . sanders . de jura . praelect. . sect. . idem . in sect. . * sanders . ibid neve sensum aliquem juramento à nobis praestito , aut ejus alicui parti assingamus proprit commodi aut utilitatis causâ , quem non quivis vir alius pius & prudens ( qui est liberioris iudicii , utpote cujà nihil interest ) ex ipsis verbis facilè eliccret . grotius ubi suprà . seneca l. . de beneficiis , c. . * omnia debent esse cadem quae fuerit cum promitteres , ut promittentis sidem teneas . si aliquid intervenit novi , quid miraris cum conditio promittentis mutata sit , mutatum esse consilium ? sanders praelect. , sect. . ● . s● deus ●ermiscrit . james . * quia cum omnia divina providenti● & voluntati subsint , nec sit in cujusvis hominis potestate omnes suturos casus praestare ; qui fecit quod in se fuit ut adimpleret quod promiserat , juramenti fidem exolvit . rei impossibilis nulla est obligatio . sanders . ibid. quoadlicet grot. de jure belli l. . c. . ibid. * potestates apud ammianum aliósque dicuntur , penes quos sunt jurae militaria . arnold . clapmar . de jure imperii . l. . c. . videtur apostolus voluisse tollere srivolam hominum curiositatem , &c. calv. in rom. c. . quum quaeritur cui parendum , non est spectandum qualis sit qu● potestatem exercet , nec●que jure , vel injuriâ , quis potestatem invaserit . bucer . in rom. . rebus sic stantibus ▪ non tenebitur , si cesset qualitas sub quâ alicui juravit ; ut si magistratus desinat esse magistratus . grot. lib. . cap. . de jure belli . * sacramentum capitis dimunitione sublatum . ibid. † petr. greg. tolos . lib. . de repub. cap. . pag. . * mercenarii militis sides ex fortuna pendet : quá inclivant● ad hostes , ipsi etiam spem atque animum cò incli●●nt . francisc . patrit . lib. . de reg. tit. . † solent plus lucrum quàm causam scqui bellandi : et it â facilè ab bostibus , vel majore stipendio , vel donis , corrumpi possunt . pet. greg. tolos . ubi supra . juvenal . * see the new acts of treason , and the act for establishing an high court of justice . cic. ad art. . epist. . * he was afterwards king , by the name of henry . . see daniel . in the life of king stephen . daniel . in edw. the second . besold . in cap. de morble rerumpub . p. . . mach. de repub. l. . c. . * leges opprimit timor . sen. herc. fur. a ans●rre , trucidare , rapere . t●● . in agric. . b plutarch in vitâ catonis . c d●latores per praemia cliciu●● . tacit. annal. . d boni quàm mali suspectiores su● , semperque allena virtus formidolosa est . salust . nec minus periculum ex unagnâ famâ , quam ex malâ . tacit. agric . † regni causâ jus violandum esse . * regni causa secleratum esse . a principi nihil est injust● quod fructuos●m . b ubi honesta tantùm dominanti licent , precariò regnatur . † quamvis bonus atque clemens fit , qui plus potest tamen quia malo esse licet , formidatur . salust . ad caes. * d●lc● malum vindicta . sam. . . kings . ibid. daniel . ibidem . mach. de prin. dr. crighton . * monarchae nois amant ordinum conventus crebriores . besold . de simulachris reri●npub . du serres . see the grand case of conscience concerning the engagement , stated , &c. strig . in chron. part . . p. . p●ucer . in lect. chron. d. . iul. an. . * semiramis . diod. sic. rerii antiq. l. . c. . bella injusta infelices su●c●ssus , tri●●es , & tragi●os exitus semper habent . strig . ● . reg. . p. . philip . chron. tom. . epist. per pe●c . edit. pag. . chron. . kings . sam. chap. , , & . * ab istis exercitibus , quos defendendi sui causâ attraxerunt , evertuntur . peucer . auxiliatores , ut solet fieri , postea siunt domini . strigel . . paralip . . justin . xenoph. lib. . pezel . part . pag. . circa annum christi ▪ . chytraeus in apoc. cap. . chron. . josephus de bello jud. lib. . c. . in chron. phil. lib. . sam. daniel . joh. bodinus lib. . cap. . * maxima pars vulgi capitur amba●gibus . * immedicabile vulnus ense recidendum est . ovid . † see the irish bishop's sermon at the hague , in print . bed a. axiom . ex . aristotele . this story is recorded by machiavel , in his first book de repub. * see the case of the kingdome stated . anno . * see the case of the kingdome , ut supra . * in ordiue ad spiritualia . † not out of any good will toward england , but because their discipline was not like to be set up here , if hamilton had prevailed . see the agreement of the people . . polit. cap. . * indeque frequentantur agrariae leges ▪ quae prohibent , ne quis nimis dives efficiatur . besold , in synops . de democr . see the preamble of the agreement . * plebs ut prona in miser●cordiā , ita immodica in saevit●am . † clap. de arcau . dom . pop . * incerti nimirum , solatique & magis sine dominio , quàm in libertate . . annal. genus hominum agreste , sine legibus , sine imperio , liberii , atque sol●tum . salust . † quoniā ea demum libertas romae est , non senatii , non magistratus , non leges , non mores majorum non instituta patrii , non disciplinam vereri militiae . liv. l. . * tales longè sunt crudeliores , et longè plus nocent quàm soli tyranny , &c. clapm. de flag . dom. cap. . † omnium prope judicio vapulat ; eò quòd imbi li●o●tia pro libertate habeatur . bodin . . cap. . petr. gregor. . de repub. cap. . † componi non possunt , nisi imperio ad unum devoluso . clap. de arc. imp. l. . c. . * eam republicam discordiis civilibus fessam , nomine principis , sub imperiū accepit . tacit. † tumultus populares parturiu● regnum . ann. . s●inditur incertum studia in cōtraria vulgus . contzen . . polit. cap. . greg. tolos . l. . de repub. cap. . plebs rectores meliores vocat eos , qui magis ●i indulgeat . idē . * aquin. de regim. princ. l. . cap. . * {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . † ex favore , & pretio , populus distribuebat magistratus . plato . polyb. . histor. . à pr. paratu . . disc. * summa-rerū sit penes paucos , qui antecellunt reliquos virtute & sapientiâ . polit. . thucy●ides l. . pag. . † bodinus . 〈◊〉 repub. cap. lez repetundarum . libera accusationes , & calumniationes . † ostracismus used at athens as petalismus else-where ; when the people banished any eminent man , the sentence was written either upon the shell of a fish , or an olive leafe . a● . . polit. c. . phil. camera● . cent. . oper. succis . cap. . * ingrata patria n● ossa quidem mea habes . a ubi imperium plebis est , ibi patricios ac nobiles , multis magnisque injuriis , affici necesse est . arist. . pol. cap. . inveratissimum fuit in rep. romana odium plebis adversus patricios . tac. b liv. li . . & . † clapm. de arcan . l. . c. † auderen●ne postulare , ut cùm bina jugera agri plebi dividerentur , isis plus quàm quinquaginta jugera habere liceret ? liv. l. . * if this government be destroyed , we must expect a regall , or a presbyterian , or a popular tyrannie . † mach. de rep. l. . c. , , & . florus . mach. l. . c. de repub. † eis fuit domi industria , foris justum imperiū , animus in consulendo lib●r ; neque libidini , neque delicto obnoxius . salustius ; de catone in suâ concione ad romanos consules . caesar . cōment . lib. . * sam. daniel . of the state of britain . mach. lib. . cap. . * incredibile est memoratu ; quantùm adepta libertate , in bre●i romana civitas creverit . salust . † deo summoperè placent ; eò quòd in iis , magis quàm in alio g●n●re rerumpublicarum , commune bonum conservetur , jus suum cuique aequaliter distribuatur , civium animi vehementius ad virtutem , &c. fr. guicciard . lib. . hist. lib de repub. . cap. . * tam obstinatè jus suum urs●rum , ut turcicae perfidiae se ●ommittere malucrint , quàm sceptris haereditariis cum potiri . besold . de successione regia , ●ap . . gunt . li . . mach. de rcpub ▪ cap. x. dictator was a king pro tempore . claud. . consol. honor . * orat. id . epist. philippi . † curtius . l. . suae existimans quicquid cessisset alienae . * sepulveda . comma ad arist. polit. . c. . desirui per haec fortunam suam caesar , imparemque tan o merito rebatur . nam beneficia usque eò laeta sunt , dam videntur posse exolui : ubi multùm ante 〈◊〉 , pro gratiá o●i●i redditur . tacit. annal. . {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} plutarch . in atato . * joh. leo . l. . lips . l. adversus dialogist . * curt. apud alex : lib. . † omnes intelligant , si salvi esse velint , necessitati esse parendum . cic. de offic. lib. . a tac. hist. . dissolutionem imperii docent , si fructus sustinetur , diminuantur . b tac. annal. ● . * inter arme silent leges . aeneid . . seneca ▪ * see axiom . polit. rich. p. . notes for div a e- populi luplici m●do i● alteri●● arbitri●m se 〈…〉 . * this is that 〈◊〉 consent , mentioned by 〈◊〉 in part . c. . p. , . * cruci assigebantur , aut in ergastulum trudebantur . pag. . † quos poterat ●ure belli perdere , servatos maluit . * imò nulla● quae non ad ho● instar nata , vel facta sucri●● . non esse potestatem nisi à deo. nihil differunt , omnes potestates esse à deo ordinatas , & nullam esse nisi à deo. part. . chap. . sect. . part. . chap. . sect. . sect. . sect. . sect. . part. . chap. . sect. . part. . chap. . sect. . chap. . sect. . sect. ● . a modest plea both for the caveat, and the author of it with some notes upon mr. james howell, and his sober inspections / by roger l'estrange. l'estrange, roger, sir, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; 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(eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a modest plea both for the caveat, and the author of it with some notes upon mr. james howell, and his sober inspections / by roger l'estrange. l'estrange, roger, sir, - . , [ ] p. printed for henry brome ..., london : aug. , . reproduction of original in the university of illinois (urbana-champaign campus). library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng howell, james, ?- . -- some sober inspections made into those ingredients that went to the composition of a late cordial call'd a cordial for the cavaliers. great britain -- politics and government -- - . - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - rina kor sampled and proofread - rina kor text and markup reviewed and edited - pfs batch review (qc) and xml conversion a modest plea both for the caveat , and the author of it. with some notes upon mr. iames howell , and his sober inspections . by roger l'estrange . laudatur ab his , culpatur ab illis . horat. london , printed aug. . . for henry brome at the gun in ivy lane . a modest plea. report speaks me a prisoner for my last pamphlet ; and if i knew who raised it , or would have it so , i would ( in earnest ) thank them for it . first , as the greatest honour they can do me , to bring my innocence upon the stage , and make me suffer in a cause , which every honest man prefers before his being . next , i should thank them for assisting toward the discovery of the kings enemies : which beyond doubt those people are , that will torment themselves for a reflection that concerns no other , — i say again , there is an appearance of a confederacy ; but i sixe nothing upon persons : whoever says , there he means mee , is in the right , if he be one of the conspirators ; otherwise not . they know their own affections best , and i my own meaning ; which yet i take to be so plainly expressed , as that no englishman can make a question of it . this general rumour has made me call my papers and my thoughts to shrift , and neither in the one , nor in the other , do i find any thing according to my judgement of my duty that suits not with the strictest obligation of it . so let my soul find comfort , as i believe the king is betrayed ; and if i had the honour of his majesties ear , i would present him with my particular reasons for that opinion . my expectation was that some of the seditious stationers , and lecturers , of whom i have complayn'd should have been call'd to accompt ; and not to have been threatned my self , effectually , for complayning of them . if there be any matter of exception , i offer up my whole life to the scrutiny of the whole world , and if from the first moment of the quarrel to this instant , they prove me guilty either of the least remisnesse toward the kings cause ; any the least complyance with his enemies ; or the least colour of irreverence toward his person , i am content to lose my head for 't . i have now serv'd his majesty in being , and his blessed father these one and twenty years , without either asking or receiving any thing — let him that charges mee make the same challenge . t is a wise precept , that of machiavell : encourage accusations and suppresse calumnies . i ask no more , but to be either followed home , or let alone . i come now to enquire into the subject of the controversie ; the caveat it self , which with great reason is by some opposed , and with as much by mee , defended : for their diana lyes at stake ; my repute ; safety ; freedome ; and which is more then all ; the soul of every loyal subject . ( the king himself . ) but to be thristy of my time and paper ; where lyes the exception ? what law does it offend , either of honour , conscience , or of the nation ? does it presume to taxe the king , or his councill ? to kindle iealousies betwixt united brethren ; or to enflame the rest , into impatience and distemper ? does it excite revenge or tumult ? if it does any of this , i 'll bind my self to be his slave , that shews me where : that is ; let it be try'd by indifferent iudges , and taken in coherence ; for to catch here and there a snap , is to destroy my meaning : and at that rate , ye may make quidlibet , ex quolibet , treason of the law , and pick blasphemy out of the holy bible . but blam'd it is , and why ? not for the preface i hope ; that only advises warynesse , and gives the reasons for it . there 's not a day that passes without seditious lectures in the city , some openly , others more covertly bidding the people to prepare for a persecution ; and then ; ah lord sayes hancock ; give the king another heart , a new heart lord ; and make him thy servant . meade seconds his fellow-schismatick with a word of consolation ; but be of a good heart , ( says he ) ye do not know what a year , nay what a * month may bring forth . this did he repeat so often , and with such an accent upon month , that upon my soul , i thought it related rather to the timing of a plot , then to the pressing of a duty : for the emphasis was much stronger upon the time , then upon the exhortation . ( this was a little above a fornight since , and in my own hearing ) to which add ; that the whole crew are of the same leaven . i hope there is no harm in this ; and as little in charging tyton a stationer , with dispersing treason since his majesties return , for there 's a combination betwixt the presse and pulpit to do mischief . now to the matter of the book wherein i shall omit nothing considerable . first , note that to the . page , 't is a reply upon i. h. his cordiall . the first two pages are only prologue ; the third , is mr. howells ; the fourth mine , and there i begin : telling i. h. that as the cavaliers have liv'd true to their prince , upon a rule of honour , loyalty , and conscience , so are they as well dispos'd to dye for him ( if occasion require ) without the aid of borrowed cordials . — in the fifth and sixt pages ; i fault his using of the word reward ; as not becoming a subject to his prince : for whether we receive any thing or nothing , our duty is still the same . — my seventh page only acquits the cavaliers of causing the kings wants , or pressing them , and fairly checks i. h. for being over-busy with that argument . — in the & . pages , i. h. objects and answers . i deny his twenty cavaliers , to one of the other side , and ( with due reverence to his majesties prerogative , to bestow where and what he pleases ) i affirm that divers unknown persons are recommended to his royal favour , who are very unworthy of it — page tenth , i blame the authour of the cordial for entring further into the kings actions then becomes him . — pag. . i. h. exhorts us to patience in expectation of a reward : and i tell him that we never serv'd for wages , but it is our duty to be patient . — the twelfth ●age carries the best colour for a cavil , but first i 'll recite it , and then explain it , to a syllable . we find the court dangerously thronged with parasites — knaves represented to the king for honest men , and honest men for villains : — a watch upon his majesties ear , to keep out better information ; — seditious ministers protected , and encouraged : libells against the authority , and person of the king , dispersed even by his majesties sworn servants ; — and to discover treason , is of a consequence ( in some respects ) more hazzardous , then to commit it . to this i explain my self ; that divers persons whom i know , of dangerous principles , and scandalous report , are crept into office and preferments . these are the [ parasites ] i mean , and when i am commanded , i shall name them . that many [ knaves have been represented for honest men ] is evident in several whom his majesty hath repulsed , not to insist upon some others admitted upon mistake . [ and honest men for villains , ] i speak upon my own experience . — [ a watch upon his majesties ear , &c. ] that is ; such is the pressing boldnesse of some people toward the king , that 't is no easie matter without apparent impudence for a poor cavalier to interpose , and tell those truths which the others would have concealed . — concerning [ seditious ministers , and libells ] the lectures are supplyed with the former , and the whole nation rings of the other . their businesse is to enflame the people against the government , under the mask of persecution , and popery : they pray for the kings conversion rather then his establishment ; — bishops , they mention not at all ; unlesse to call them antichristian drones ; — and lazy lubbers . and who are these gospel ministers , ( as they stile themselves ) but for the greater part , such as the law has ejected , and the whole kingdome spewed out from those livings , which by violence , and treason , they had ravished from honest men ? these are the men that cry the gospell's persecuted ; the candle-stick's removed . they cheat the poor to gorge themselves , and pay their tavern-scores out of the very alms-boxe . nor is the press less active , or less dangerous then the pulpit . they have their private instruments and combinations to disperse their libels ; and i dare undertake , there may be found among the confederate stationers in this town , above a million of seditious pamphlets . 't is the best trade they drive , and bating matter of conscience , who can blame them for 't ? their gains are great , their hazzard little ; beside the pleasure of accomplishing their malice . i was my self upon a search for the phoenix ( a virulent pamplet ) which with the printer , publisher , and stationer i discovered to master secretary , sir edward nicholas ; who with great honour and exactness sifted the matter , and proceeded in it . i found at the same time the first two sheets of the year of prodigies , an imposture of a most damnable design . this book is lately perfected , sought for , and many copies taken ; yet let me offer , that giles calvert , and thomas brewster , have certainly a hand in 't ; and livewell chapman , probably , tho' they absent themselves . ( but to the book it self . ) the author of it ransacks several stories , for memorable accidents and prodigies ; and for remarques of such and such judgments that follow'd them . these does he match with a most impudent forgery of the like wonders here , to strike the people , with a superstitious expectation of the same events . now mark how probably the false prophet draws the prediction , or the portent to his design , and both the factions co-operate in the delusion . to overthrow the government by king and bishops is that they aime at : and this , by the influence of pretended signs from heaven , upon the peoples minds , ( in approbation of the project ) they labour to accomplish . ( their observation reaches from aug. . . to the end of may , . ) they tell us of two suns seen near hertford , ] but they name none that saw them . — then in the parallel , they point at the like in the beginning of queen mary ; and about the time of the persecution in germany . ] they mark also , that it portends the * fall of great men from their power , &c. ] — with an asterisme at fall . again , two meteors , &c. ] — this was seen when the persecution waxed hot in scotland . ] in the same page , you 'l , find the apotheosis of their martyrs , scroop , iones , and his fellows at charing cross . ] five naked men ( forsooth ) were seen in the ayre in hertfordshire , ( by the lord knows who ) exceeding bright and glorious , upon the day they were executed . armies were seen in sussex , &c. ] this happened a while before the king of sweden routed the imperial army : — and here in england , in . ] this villenous impostour , to get himself more credit , gathers some observations that predict pestilence , a thing which in common reason was to be expected from the distemper of the season , so that if that succeed , he hopes it may dispose the people to believe the rest , ( but i shall be too long upon him . ) let what i have observed , suffice , for persecutions : and now the people are startled , see what encouragement the wretch gives them to rebell , and cast off the yoke . haylstones as big as wallnuts , ] — this happened in the last year of queen mary . ] — a dreadful whirlwind , &c. ] — this happen'd in the last year ( again ) of queen mary . ] this is to possess the people that the king is not long-lived . frogs and toads out of the ayre , ] this happened , the year before charles the fifth was put to flight , and hardly escaped with life . ] a terrible tempest and raging tides , ] — this was observed in the low-countries , a little before they threw off the yoke of the king of spain . a fierce and sodain shower of rain , &c. ] this in the last year of queen mary . an extraordinary tide , &c. ] — the like happened a while before the late king ( then ●rince of wales ) began his voyage toward spain . a river dry'd up , &c. ] — this happened in the . of richard the second , and also in . and the . of hen . which was conceived to portend a revolt and division of the people . several of these stories are lyes upon my knowledge ; ( so far as by particular enquiries from persons upon the place , where they are said to have happened , i can know any th●ng ) but let this serve without persuing his further falshoods : this is enough to manifest a conspiracy , when both from press and pulpit , such desperate impressions are stamp'd upon the credulous and superstitious vulgar . but that which most amazes me , is , that the consequence of discovering treason , should be so mischievous ; for the very persons i complain of , scape better then i do . now to resume the examination of my caeveat , wherein if any syllable be found , that may be said to reflect either upon the king , or his counsel ; the act of indemdity , or the publick peace , my words lye open to the world ; let him that hath a mind to 't , pick a quarrel with them . having passd over my answer to the cordial , where i was under a confinement to follow mr. howell's wandrings , i shall dispose the rest into a little better order . and first concerning the king. we are with reverence , to believe that where he knows the person he preferrs or saves , he knows likewise the reason of his bounty or mercy : and we are not to pry into forbidden secrets . but where we find the king a stranger either to the action or the person ; we may with fairness enough , humbly acquaint his majesty , &c. ] p. . and there we are to acquiesce , without presuming to advise or direct , unless our lord and master will have it so ; for having modestly declared matter of fact , the judgement and proceeding rests in his majesty . ] again he that sees cromwells , bradshaws , saint johns his creatures , nay , and the meanest of them , laden with offices and honours , may give himself a second thought to understand the meaning of it : ] p. . but to impute these incongruities to the king , were to commit a sin against duty and reason . so far is his majesty from allowing or directing them , they are kept as much as possibly from his bare knowledge : the plot is laid against him , and as they did before , they do but now remove his friends , to make way to his person . ] ib. further , those favours which the king himself bestowed , were given by the unquestionable prerogative of his own freedom ; the grounds whereof , in part we know , and in the whole we reverence . ] p. . yet once again . so was the state of the nation represented to his majesty , and such was his royal goodnesse , that he thought fit to remit all ; and it is our duty not to murmure at it . thus far with reverence to his majesty : which is yet more then had been needfull , had not the frivolous apology of him that wrote the cordial drawn it from me ▪ nor do i find a syllable that can by any violence of comment or conjecture , touch the counsel : nay to prevent all colour for such a mistake , thus i clear my self . — [ beyond doubt , there are true converts ; and divers that even in the counsells of the kings enemies , did his majesty service . ] now to the act of indemnity : let it be taken in the utmost latitude ; we willingly submit to 't . as'tis an act of pardon we complain not ; — and as an act of indemnity ; we are obliged by it ; nor shall we start an inch from the literal strictnesse of it . — as an act of oblivion , which forbids the malicious revival of past differences , we do not oppose it neither : but a preventional prudence is allow'd us : and to defend the justice of our cause , against the publick enemies of it . in fine ; from the strict airection of the act of oblivion , we must not swerve a title . let it be now considered , what this same caveat may rationally effect upon the people : if any thing that looks like tumult ; or irreverence , let me dye the death of a traytour for it . see first my tendernesse for fear of misconstructions . were all the ills we suffer , ( joyned with as many more as we have hitherto endured ) imposed upon us by the direct will , and order of the king. — if he should say , hang half my friends for their fidelity , and sterve the rest , for gaping when they are hungry ; — we ought to take all this , but as a sad occasion of greater honour ; a sharper tryal of our faith : or at the worst , as an unkind requital of our love , but no discharge of duty . pag. . the authority of princes is divine ; and their commission makes their persons sacred . if they transgresse , 't is against god , ( whose officers and deputies they are ) not against us. if we transgresse ; 't is both against god and them ; — a double disobedience . ibid. that subject is guilty of his masters bloud , that sees the person of his prince in danger , and does not interpose to save him ; though he be sure to dye , himself , even by the hand of him who he preserves . pag. . not is it enough for subjects , to keep a guard upon their actions , unlesse they set a vvatch before the doors of their lips ; their tongues , must be tyed , as well as their hands ; nay , and the very boylings of their thoughts must be suppressed . vve that are thus instructed in the grounds and terms of duty , even toward the worst of kings , cannot mistake our selves sure toward the contrary ; and become doubly guilty ; first , by imputing our misfortunes to a wrong cause ; and then , by an undutiful and simple men age of them . pag. . further , upon discourse of the cavaliers party , which very well deserves a thought ; and of the nations too , which is not in condition , without some inconvenience to relieve us : rather then our necessities , shonld any way oppress the publick and consequently reflect upon the king , my counsell's this — [ rather let us resolve to suffer any thing for his majesty , then cause him to suffer in the least for us . is this the language of a mutineer ? certainly , i have expressed my meaning ill , if this tends to sedition . once more ; finding a general distast against some persons whom the kings knows only upon recommendation ; what could be softer then to say that [ those blessings which his sacred majesty meant to shed upon his friends , fell upon his enemies : the voyce was iacobs but the hands are esau's . ] what does this intimate , but an obligation still to the king ; even in those benefits which fell beside us ? to sum up the main scope of the discourse : it is by a prudential modesty , and warynesse to state a right uuderstanding betwixt his majesty , and his people : for nothing is more evident , then that ill offices are done ; both to the king , to misperswade him of the royal party ; and to possess his miserable friends , that the king cares not for them ▪ since discontents there are , and some unhappy mistakes , what could be more agreeable to duty and reason , then to endevour to set all clear ? which i have laboured ; first by assigning our misfortunes to their true cause ; and then , by counselling a fair , and humble notice concerning matter of fact to his sacred majesty . where lyes the crime of this , i am to seek ; especially proceeding with all that 's possible of honour and humility , toward the person , office , dignity , and the unquestioned wisdome of my soveraign . it is not lawful for a private subject to offer his prince an information ? nay , is he not obliged under the pain of perjury , and treason , ( if under oath , as i am ) to the discovery of any thing he knows or hears of , that may be dangerous to his majesty ? if it be criminal to tell those truths , without the knowledge of which a prince cannot be safe , then i 'm in a mistake , otherwise not : for there i rest without prescribing ; my duty being only to discover , without presumiug to advise or direct . within these limits i contain my self : and by this rule of resignation , i have not only governed my life , my tongue , my pen ; but even my thoughts . and yet some take exception at this following passage . let us examine it . there are another sort also of cold comforters , that tell us , 't is not time yet : this , to a company of vvretches that can ▪ stay no longer then they can fast , yields little consolation . are we such owles , as not to see the sun at noon ? 't is time enough for some that tell us these fine things , ( even before the kings revenue is setled ) to beg their fourty , fifty , nay their hundred thousand pound a man , and when the nation shall be drawn so low , that every tax runs blood ; 't is then prognosticated , that something shall be done for us : that is , the honour shall be ours , to finish the undoing of the nation , and furnish argument for another vvar. p. . 't is a strange thing , there should be so much venome in this caveat , or in the writer of it , and yet upon the search of every period in it , and every corner of my soul , i should be still at so great a losse , where to find it . nay more then that ; the further and the longer i enquire into my self , the stronger is the testimony my conscience bears of my integrity . but to approve my heart in this particular as well as to man , as ( i blesse heaven ) i can , and do to god , we 'l look into the coherence of this section . the professed drift of it is this. having in the foregoing section , soberly proposed , by information , to give his majesty a clear and naked view of men , and actions , for prevention of such mistakes as probably might arise from false representations , i passe forward to a caution , lest we might mistake his maiesty : where the first page , and half , is a discourse upon the authority of kings , and the duty of subjects , stating the power as large as majesty it self can wish , and tying up the subject , by the most strict , and conscientious bonds of duty : applying all at last to the very person of our king , and to his party . toward the bottome of the page , mention is made of the kings proclamation against prophane and dissolute persons ; which i advise may not be understood as any sharpness from the king upon his party , but as a pious and prudential zeal , against the vice of blasphemy and distemper . yet we know very well what art is used to blast the royal party with that character : and that his majesty can onely by report , take notice of those liberties , which no man is so shameless as to practise in his presence . i come now to that passage , which were i given to boast , should be my glory ; but as 't is toss'd upon the tongue of fame , t is that , which i would rather be a beast , then be the author of . in the language of mistake it sounds thus much , that i should undertake to question the kings bounties , and tax his sacred majesty with giving away forty , — threescore thousand pounds in a morning , while his friends starve . with respect to the first promoter of this calumny , i shall be bold to blow it off ; and lay before you the ground of this reproch , and thus it runs in paraphrase there are ( say i ) a sort a people , that stop the hungry royalists mouths with telling us 't is not time yet . 't is time enough for them to beg , though not for us , even before the king himself is served , which is a little preposterous . again , i say they beg , i do not say obtain — great sums , — that is , the equivalence , which if the king should grant , 't is ( as i say a little higher ) but the unquestionable prerogative of his own freedom , so i presume not to restrain his royal goodness . nay yet again , it may fall out so that the thing they beg , may prove worth five times more then they pretend it is ; then is the kings gift but a fift part of what they get . but to finish , in this connexion of discourse , the question is not what the king gives , nor what they get , nor is his majesty accountable , for their importunities : but do they deal fairly with us or no ? that 's the point , is it not time for us , as well as them ? not that we murmur , but they trifle us . when we want bread , we will starve honourable , because the publick weale will have it so : yet still we shall subject our selves to virtue , not to delusions . at last 't is said , we shall have something too , but have a care of that , for when the nation is drawn low , a heavy tax upon the people would do the king more hurt , then our relief is worth . wherefore though our necessities are great , yet still our loyalty ought to surmount our wants : let us not rob the king of his peoples affections , to fill our own bellies : rather , ( say i ) let us resolve to suffer any thing , for his majesty , then cause him , to suffer in the least for us . p. . this foregoing caution , ( not to mistake his majesty , or in effect our selves , is follow'd with an enquiry into the designs , and workings of the kings enemies , wherein the necessity of restitution , or else of damnation , is offered to the judgment of the learned ; and i do now upon my honour , engage my self to become presbyterian , if in that most important point , ( no less then heaven or hell , ) the casuists of the consistory , will but vouchsafe me the honour of a confutation . the next and last chapter treats how necessary it is for a prince , to oblige the generality of the people , and of the arts the faction uses to put his majesty , and his party upon necessities to do the contrary ; concluding with a saying of barclay in his euphornio . [ voenalis hominum vita est , et licitatores eapitum nostrorum publicè regnant . ] — i was my self sold by thomas leman of linn regis in norfolk , a renegado from our own party , and now living . one of the contractors for my head ( for virtually he was so ) doctor mills , that sentenced me to death without a hearing , is now chancellor to the bishop of norwich . after my condemnation , i threw a paper among them , and told them that was my defence ; since they would not hear it , they might read it . one of the committee takes the paper , and against the sence of the court , burns it . sir edward baynton knows whether this be so or no ▪ now to my post-script , what can be more conducing to the king's safety , then the discovery of those , of whom his majesty stands most in danger ? that is , first , such as have actually betray'd his majesties counsels and designs . — secondly , such as have received monyes , possibly for the kings relief , and never accounted for them . ] these people are upon a double account exceeding dangerous . first , they are cast out of protection , and in hourly fear to be detected , which makes them desperate . next , they have farther opportunities of doing mischief . they appear among us as friends , and act against us as enemies . it is in short but this , the enemy is in our quarters , and has got the wo●d . let me look back now , or let any man now answer me ; where is that syllable , to which an honest man may not set his name ? many there are , to which a wise man would not , but want of skill may be born with , where there 's good meaning . if reverence to the king's authority , hnmble affection to his person : if absolute submission to all his actions , be an offence , then am i guilty . my fault is only the putting those points by which otherwise would wound the king , ( because , perhaps they prick some of his enemies , ) where is the man that presses loyalty , that streins the knot of duty harder then i do ? and to conclude , where have i practis'd other then i preach ? yet truly , were the subject in it self not altogether blameless , the occasion , and my first fault might excuse me . i did not lead the dance , i. h. would needs be giving the world a cast of his cunning , and starts objections , which we must either overthrow or suffer by . [ now whereas some object hehath rewarded roundheads , says the author of the cordial . this is a charge upon the cavaliers , for to be sure , the other party will not complain . since manifest it is , that in effect some persons are entertain'd beyond common expectation ; what better office could i do , either to his majesty or his party ; then to lay a charm upon the people , not to enquire too boldly into the actions of their sovereign ? had i done less , the slur had stuck upon us , had i. h. done nothing , i had been silent . again [ whereas some except against his majesties lenity and indulgence , &c. ] not wee , say i : could i say less ? and at this rate , he squanders away his breath and politiques in vindication of the king , as if we charged his majesty . when to deal freely , his very zeal in an abuse , and if i had a mind to blast a cause , i would engage that gentleman to be for it . next to this provocation , i might plead my primum tempus , had i not still a stronger plea ; innocence . but to evince the partiality of my back-friends . let us suppose a fault : what is the quality of it : and who the offender ? it is an errour , either of imprudence or of sawcynesse : ( for that 's the worst they say of it ) and the offender is a person that has been twenty years a faithful servant to the crown . greater crimes then this have been pardon'd , within the memory of man ; yes , and greater offenders too , and those that are the most advantag'd by that pardon , are now the sharpest upon mee . now to the point of prudence . i shall easily grant , that to exasperate so keen , so close , and deadly a faction , as that which threatens mee , were a grosse and weak oversight in any man that rates himself above the publique ; but being resolv'd , rather to sink my selfe for speaking , plain , loyall , and usefull truths , then that the king should suffer by not knowing them , i shall most readily dispose my self to act that resignation , which i doe now but talk of . notes upon mr. iames howell , &c. if he that wrote the caveat to the cavaliers , had been of the gentleman's counsel , that penned the cordial ; he should never have disown'd the author , and after that , have defended the matter of it . if it was well done , why was it disclaim'd ; if ill , why is it justified ? but to the old epigram ; he does , as puritans at baptism do ; he is the father , and the witnesse too . the thing it self might have been spared ; but then so solemnly to disclaim it , is not pro dignitate historiographi regii . the title indeed might have becom'd the mouth of his toledo-captain . some sober inspections made into those ingredients , that went to the composition of a late cordial , call'd a cordial for the cavaliers . sober inspections ? ( with a mischief ) why there was one i. h. that dedicated a discourse under this title , to his highness ; the l. protector ; when he would have made himself king : wherein he compares oliver cromwell to charles martel , and complements him in these words . there is ( says he ) a memorable , saying of charles martel in that mighty revolution in france , when he introduced the second race of kings ; that in the pursuit of all his actions he used to say , that he followed not the ambition of his heart , so much as the inspirations of his soul , and the designs of providence . this may be apply'd to your highness in the conduct of your great affairs , and admirable successes . — i rest , in the lowest posture of obedience at your highness command , i. h. one passage more i remember , that is , of very pretty insinuation . under the name of polyander is couch'd the author of the dialogue : whom you must imagine to be a man of parts , and travailed . this polyander gives his opinion for a single person against all other forms of government . but then he says that it is requisite , that this single person , should be attended with a standing , visible , veteran army to be paid well , and punish'd well , if there be cause to awe , as well as to secure the people . to give i. h. his due , the other oliver could not have given his name-sake better counsel . the book indeed does mightily cry up the royal prerogative , and 't is a little sharp upon the scots , and the thing commonly call'd the long parliament : which yet at that time done , does but proclaim the author of it , either a weak statesman , or a worse subject . for during their divisions , it was our interest , still to uphold the weaker side , and hinder the other from setling . neither can any thing be more unseasonable , then to exalt the rights of sovereignty , when a traitor wields the scepter : it does but serve to fix the crown upon the wrong head , to magnifie the power of kings , when an vsurper manages the office. it was an unlucky oversight in mr. howell , to christen this vindication of his cordial , — sober inspections . if he had call'd it any thing else , ( except s. p. q. v. ) the pamphlet might have liv'd and dyed free from that envy which commonly attends great wits and undertakings . not one of forty , ( i dare almost swear ) but would have been content with the bare title-page , and never have turn'd the leaf : but first to fob the poor cavaliers with a cordial like a whipp'd posset , that is all froth ; and then to mend the matter by a sad tale in favour of it , that wears a title to give a horse a vomit : this is not kindly done . but that the world may not mistake i.h. for james howel , the said james howell , esq ( in his survey of venice , dedicated to the supreme authority of the nation , the parliament of england in . ) is clearly for a common-wealth : for ( says he ) were it within the reach of humane brain to prescribe rules for fixing a society , & succession of people under the same species of government , as long as the world lasts ; the republique of venice were the fittest patern on earth , both for direction and imitation . ] and in the tender of his republican model to the keepers of the liberties ; he treats the mighty men in a stile of reverence and honour . most noble senators , he begins , and with a dignity befitting both the presenter and the present , thus he concludes , — therefore most humbly under favour , the author deem'd it a piece of industry not altogether unworthy to be presented unto that noble assembly , by their daily orator . howell . now on the other side ; i.h. in his epistle to the protectour calls this same noble assembly a monster ; and his highness , hercules , for quelling of it . yea , such a monster , that was like to gourmandize and devour all the three nations . who this i.h. was , or that james howell belongs not to our enquiry ; the author of the inspections says indeed very acutely ; there are more i.h's. then one ; — and so say i , there may be more iames howell's too . but if the person now in question , should prove to be a kin to the other , we may be very well excused if we suspect his cordiall , and if we rather trust our own eyes , in our own concern , then anothers spectacles . in that contest betwixt one tyrant and many ; if the noble assembly had baffled the army , then oliver had been the monster , but fortune would have it otherwise , and so the lot fell upon the noble assembly ; but not a half-penny matter to us , whether the dragon kill'd the saint , or the saint the dragon . some subjects are like common-wooers ; that may safely swear that they love twenty several wenches , best , in four and twenty hours : and to such humours , no government comes amisse ; that carries either interest or novelty along with it . he that expects the fixing of that sort of people , might better wait , till a river should either stop its course , or run it self weary . labitur , & labetur , in omne volubilis aevum . others there are who i verily believe did take that legislative rabble for a parliament ; and such we must not blame for calling it so . yet for the cavaliers ; that never were , nor are , nor ever can be of that judgement ; we should do very ill to chuse an advocate out of that number ; or to expect much good from a physician that could not help himself . but too much time is spent in preamble ; for which , the gentleman whom it concerns may thank himself : i knew at first who wrote the cordial ; but truly i had no ambition to measure pens with mr. howell ; and my remarks upon the mistake , did not so much as glance upon the author . no sooner were the inspections publick , but my stationer comes to me by mr. howell's order , with a sleevelesse story , how ingenious a piece that same cordial was ; how much his majesty was pleased with it : with great additions too , in favour of the person that composed it . some part of this , in the second impression of my caveat , i barely mentioned , and so left it . upon thursday or friday last , out comes another miserable paper done by the same hand , and in justification of the former ; which i must needs take notice of , for divers reasons , whereof ( i swear ) the author and the thing it self are none . the copy was pressed upon my stationer , ( a very honest and a loyal person ) as yet unfinished : who gave me notice of the proposition , but without any thought of undertaking it . with much ado , i prevailed with him to comply with the good gentleman , and out comes gravity it self under the form of sober inspections , &c. the very title speaks the author no physician ; and he that stands condemned to read the text , may swear he is no conjurer . he writes himself historiographer royal , and tells his tale to shew his office : yes , and a dainty tale it is . a toledo captain met philip the second a hunting ; and taking him for a private person , told him he was going to court , to demand a reward for his services . the king asked him , if he had not received his pay ? he said , yes : but 't was long a comming : however , he 'd to the king for an ayúda de costas , something to drink . well sayes the king ; but in case his majesty will give you nothing ? why then let him kisse my mules tail , cryes the captain . hereupon , the king ask'd him his name , and bids him bring his certificat next day to the council , and hee 'd procure him admittance . the captain appears , — well sir , saies the king , what was 't you said yesterday the king should do to your mule , if so and so ? ( in our authors own words ) the captain being nothing at all danted , said ; truly sir , my mule is ready at the court-gate , if there be occasion . the king for this , orders the captain . crowns present , and ryals annuity . the condition of the english cavaliers is much more considerable ; says our historian ) for the spanish captain had all his arriers paid him , which our cavaliers have not . ] pag. . most logical and profound ! for as tenterden-steeple was the cause of godwin sands , even so good people love one another . but can the great defender of our cause , spy out no other difference betwixt the captains case and ours , then matter of pay ? that want of modesty and reverence , though the king lik'd it never so well , ought to have been reprov'd and punish'd . suppose the bluntnesse of the man hit the kings humour ; yet was it not the lesse below his dignity , even to suffer so exemplary a boldnesse , but much more , to reward it : therein preferring his fancy to his honour : not but that monarchs are men , as well as subjects ; and may be allowed their appetites , and likings ; yet beyond question , this was an oversight in philip to lay himself so open ; for when the court had once gotten the length of his foot ; and that they found there were more waies then good , to profit , and preferment ; it would have been no wonder to have seen that prince served , and attended by tumblers , and buffons , in stead of statesmen . the gentleman hath many other pretty fragments of story , which being exceedingly beside his purpose , i reckon not much to mine ; wherefore let them rest : but in good manners something we will afford him in requital ; which his ingredients , and his composition put me in mind of . the late lord coring after a dear ill-dressed dinner at bruxells , sends for mine host , and treats him with this complement : friend ( says he ) i do take thee for one of the best cooks in christendome , ' bate but two faults ; the one is ; thou hast the worst ingredients in nature ; the other is ; thou putt'st them the worst together . this is the fortune of some writers too , as well as cooks . touching our authors calculation of twenty cavaliers preferr'd for one roundhead ; i have already spoken what i thought fit and modest in my caveat ; but since it is mr. howell's pleasure to re-enforce it , rather then presse the point too far , we 'l grant it : but then , twenty of mr. howell's cavaliers ( reckoning himselfe for one ) will not make half so many of mine . in his sixt page , he tells us , that divers great kings have been enforced to raise , and reward those that were once their very enemies , for a time . ] and why for a time ? ( if a body may ask ) but this shall be discoursed at length and leisure . in short , he tells us what he told us before , and winds up , thus. to conclude , he who with a sober and well-brass'd judgement will examine that cordial , will find that there is never a line , word , or syllable therein but breathes out the spirit of a perfect cavalier , as above twenty other several pieces of the same author publish'd upon emergent occasions do breathe besides , there is no fretfull drug , or the least corrosive dram in it : but all gentle lenitifs , therefore he wonders how it should stir up such malignant humors in any , unlesse it were in them who having something lying upon the stomach made wrong use of that cordial to cast it up . we will allow the gentleman to be a perfect cavalier , a perfect republican , ( if he pleases ) a perfect protectorian , a perfect any-thing ; rather then disagree about his perfection : but i would he had not appealed to his pieces . and truly if he had spared the malignant humours , and the queasie stomach he talks of , it would have been never the worse for the author of the cordial . but now he finds himself so much deceiv'd in his operations , i hope he 'l mend . he sees his cordials prove vomits ; and let me forget my own name , as he has done his , if what mr. howell gives to move choler , does not provoke excessive pleasure . the end . notes, typically marginal, from the original text notes for div a -e * note . pag. . p● . . p● . . pa. . pa. . pa. . pa. . pa. . pag. . pag. . pag. . the kings actions not to be question'd enformation lawful . private persons not to advise pr●nces without leave . a common grievance . his majesty vindicated . the kings bounty is free. pag. . pag. . postscript . tyranny it self is no discharge of duty . disloyalty a double crime . loyalty an indispensable duty loyalty extends to thought , word , and deed . a due respect to his majesty . pag. . false friends . p. . an honest principle . pa. . i. h. i. h. notes for div a -e i.h. i. h. the inconveniencies of toleration, or, an answer to a late book intituled, a proposition made to the king and parliament for the safety and happiness of the king and kingdom tomkins, thomas, ?- . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing t estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the inconveniencies of toleration, or, an answer to a late book intituled, a proposition made to the king and parliament for the safety and happiness of the king and kingdom tomkins, thomas, ?- . [ ], p. printed for w. garret, london : . attributed to thomas tomkins. cf. bm. reproduction of original in huntington library. marginal notes. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng jenkins, david, - . -- proposition for the safety and happiness of the king and kingdom. liberty of conscience. great britain -- politics and government -- - . - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - john latta sampled and proofread - john latta text and markup reviewed and edited - pfs batch review (qc) and xml conversion the inconveniencies of toleration , or an answer to a late book , intituled , a proposition made to the king and parliament for the safety and happiness of the king and kingdom . in those dayes there was no king in israel , but every man did that which was right in his own eyes . judg . . . london , printed for w. garret . . inconveniencies of toleration , &c. liberty of conscience is a thing which hath often made a very great noise in the world ; and is at the first view , a thing highly plausible ; but although it looks hugely pretty in the notion : yet it was alwayes found strangely wild and unmanageable when ever it came to be handled by experience ; and we shall constantly find , that those which cryed it up for the most reasonable thing in the world , when themselves stood in need of it , as soon as ever they came in power , would never endure to hear of it any longer . they who plead for it for themselves , do not use to allow it to others ; it hath always been so unlucky , as soon as ever it hath succeeded , to be laid aside . now liberty of conscience is either absolute , and universal , or limited and restrained : if universal and absolute , it layeth us open to all the folly and phrenzy imaginable , to all those heresies which the scripture calls damnable , and is a publick invitation to all sorts of strong delusions , and the believing of lyes , which st. paul cautions us so much against , thes. . , . and in rev. . . . the church of pergamus is charged not with holding errors her self , but tolerating them in others . her guilt was , that she had among her , those who held the doctrine of balaam and the nicolaitans . but if it be limited and restrained : then it is no longer liberty of conscience ; but there is a clear confession , that conscience is not so sacred a thing , but it ought to have limits and restraints set upon it . if it be asked , will you force men to go against their consciences ? i answer , that consciences may be such , that men ought not to be suffered to act according to them . the scripture tells us of seared consciences , reprobate minds ; and those whose very mind and conscience is defiled ; so that conscience alone is no sufficient justification ; conscience hath its rule , may swerve , and ought very well to be looked to . i know that no man ought to act against his mind or perswasion ; but i know withall , that there ought great care to be taken , what minds and perswasions men are of . thus much i thought fit to premize , because that the cause is thought sufficiently pleaded , as soon as ever it can be alledged , this is our conscience : for it may be your conscience and your crime too . the first thing which i shall observe in this treatise , which pretends to so much peace , good will and moderation , is the time of its coming out , and that was the time of an invasion : was this a time to rip up and aggravate discontents at home , when we were set upon with a powerful enemy from abroad ? who but a dutch man would have gone about to have affrighted the credulous vulgar , with this canting dismal strain ? p. . there are i perceive many fears and hopes upon the minds of people , and the presages of their hearts are many : i know not whether there be any dark notices from some spirits that preside over us , of some great events , sometimes when they are near us : but methinks the minds of some have of late aboaded some very great evil , or great good not to be far from us , &c. he who at such a time , proclaims the fears of the nation , intended sure to make them fear much more : this way of divulging such melancholy omens , could have no end , but to dishearten our people , or to inflame them . i could not , me thoughts , pass by this observation ; because it was one sad instance , that the puritan spirit hath not at all altered his old way of acting ; for so did their forefathers in try how far they could terrifie the state at that time , because it was a time of great danger . a england at this time did labour not onely with a war abroad , but with schism at home : for schismatical pravity never fails to add a new combustion to the heat of war ; the contumacy , impudence , and contumelies of these men did never shew it self with greater insolence . cambd. eliz. p. . in editione lond. mdcxv . they persumed upon the necessities of the state ; then they thought they might propose and rail at pleasure , because the queens hands were sufficiently full of other business ; then came out mar-prelate , diotrephes , the demonstration , &c. thus they use their native countrey as simeon and levi did the sichemites , as soon as they were sore , then not fail to fall upon them. if ever the state lies under a disadvantage , these will not fail to help on the disturbance . but from the time of the publication , proceed we to the book it self ▪ the first thing we find observable is p. , , . there is a company of people about us in the countrey , &c. the most of them are certainly inoffensive persons , and there is no more against them , than pliny had against the christians ; that they meet and preach and pray together , &c. how harmless , or inoffensive they may seem to you , we know not : but this , nor our neighbour nation , hath not found them to be such tame and modest things : the time hath been known , when they could devour widows houses , as well as for a pretence make long prayers . our charity prompts us to hope , that there are amongst this sect several good and well meaning people , and such which of themselves would be very harmless and inoffensive ; yet , law makers ought to consider not only what people are , or would be of themselves , but what use others are like to make of them : it is no news for men to be made the instruments of a design , and yet to know nothing of it ; to be the great engines of such businesses , which had they seen thorough them , they would have dyed , rather than to have any thing to do with : we are therefore not only to consider the people who meet there , but who they are , which have the managing of such meetings ; as suppose now that the separated congregations should think those men the fittest to be their guides , who led them on to the late war ▪ that the chief speakers there should be the abetters and applauders of the murther of the king. and these amongst them who are of their own nature the most harmless and inoffensive , are the most likely there to be imposed upon : it is therefore the greatest kindness of government toward such innocent men , not to permit the subtle and malicious , to make a prey of them , and abuse their credulity to be the instrument of their teachers contrivances . and whereas it is here said , that they meet only to preach and pray together : it ought to be considered that we could repeat strange things , which have been said in prayers and sermons ; neither are we sure that they meet only to do that : we know , that there may be , and do verily believe , that there is a quite other use of such assemblies , viz. to form and to know a party , to communicate intelligence and discontents , to have a plausible and unperceivable way of scattering abroad among the whole nation , all sorts of little and malicious stories . there is no such dangerous way of libelling , as that which is vulgarly called a good gift in prayer . the next thing observable is p. . i wonder really in whose shops . they have bought their spectacles , that they can see this great thing unity of folks spirits , in uniformity , &c. surely uniformity doth of all things in the world look most like to unity : and st. paul recommends it to us upon this very score ; that we all speak the same things , being with him a very great evidence , that there are no divisions amongst us. but because the the credit of these glasses wherein we perswade our selves , that we see clearly unity in uniformity , doth it seems depend very much upon the shop they came out of : we shal gratifie our author so far , as to let him know whence we had them ; and to go no further , we were advised , in the making and using of this sort of glasses by one who we are sure , will not be denyed to be a most skilful work-man in such like affairs ; even the non-conformists entirely beloved mr. calvin in his epist. ad protectorem angliae , where we have him expressing his judgment clearly and fully for uniformity in all its parts , and utmost extent of it . " it is fit ( saith he ) to take great heed of the desultory wits , i. e. the light giddy heady people , who desire for themselves too boundless a liberty ; the gate is also to be shut against curious , i. e. new fangled doctrines . but how is this , think you , to be done , by liberty of conscience ? no , but by a more sober way . and for this , there is but one ready and assured way : if there be some one form of doctrin received of all , which in their preaching all should follow , to which also all the bishops and the parish priests should by oath be bound ; and that no man should be admitted to any ecclesiastical benefice , unless he promised that that consent of doctrin should be to him inviolable . here we have him clear and express , full and home for uniformity so far as doctrin reacheth . but secondly , he is as clear for uniformity in prayers , and the rites and ceremonies thereof . as to the form of prayers and rites ecclesiastical , i do very much approve , that there be one certain one , partly to provide against the simplicity and idleness of some , and partly to demonstrate the agreement of our churches between themselves , and lastly to provide against the desultory levity of those men who are alwaies affecting novelties . the second of these reasons comes home to what our author makes such a wonder of , viz. that uniformity is a great degree and evidence of our unity : and we are told a little before in the same epistle that there are a sort of seditious people in england , which all authority is highly concerned to provide against , and he describes them thus , there are ( saith he ) some brain-sick people in england , who under the pretence of the gospel , bring in all sorts of disorder . and his sentence is very peremptory concerning them ; that they ought , to be restrained by the avenging sword. now who these people are , who are complained of , as the destroyers of all order , is not surely hard to be conceived : they are the destroyers of all order , who refuse to be under any , who will own the obligation of no law ( as to these externals wherein order alone can have any place ) but take it very ill ; that they are not left wholly and altogether to their own humour and capriciousness , or what ever else it is possible for them to mistake for , or to pretend to be their conscience . and now if we think that uniformity looks like unity , we hope the glasses which we see this thorough , will be no longer derided , when we consider in whose shops we found them exposed to our open view , and we our selves were particularly called upon by the chief artificer , to make use of them for this very particular purpose and occasion . but that uniformity is a thing highly to be desired , and by all possible means to be endeavoured after and procured , is a thing which i suppose will not be denyed by that party which is here chiefly pleaded for ; because that they have with hands lifted up to heaven , sworn themselves , and not only so , but with all manner of art and violence , did perswade and force every one they had interest in , or power over , to swear with them ; that they would endeavour to bring the churches of god in the three kingdomes , to the nearest conjunction and uniformity in religion , confession of faith , form of church-government , directory for worship and catechising . see the first article of the covenant . we have one argument more for uniformity , and that is , the horrible divisions which we have seen to arise for the want of it ; and here we appeal to the sober part of our adversaries , who when time was , made great complaints of this very thing , the sight of the hideous heresies , schisms and scandals , which did immediately arise among themselves , did make them cry out mightily to their rulers for a law , to set bounds to the consciences of their own brethren . liberty of conscience is so wild a spirit , as no circle will keep in order : and to speak the truth , it is a contradiction to own that pretence , and then to offer to set any bounds unto it . but to draw towards a conclusion of this argument , we do verily believe , that uniformity if it were carefully maintained , and diligently looked after , would in a few years recall our ancient unity ; the people would quickly forget all these fantasies , if it were not for these small levites which are perpetually buzzing them into their ears ; we should quickly see , that the people would come to the churches , if there were not so many conventicles to keep them thence ; and if they were but used for a little while to come thither , they would not find the liturgy to be such a fearful idol , as they have been often told of : and i durst confidently say , that if a tryal were made in any gathered church about the town , and many of our prayers were there repeated memoriter , that that man would be accounted one of great gifts that could pray so sweetly : it is nothing but unacquaintedness which makes them lyable to be so scared , with all those terrible and groundless stories . and i here durst boldly appeal to thousands , who have since the kings return , gone once or twice to hear the common-prayer out of curiosity , and have gone ever after out of conscience ; and have much wondered at and despised their own credulity , in that they were ever brought to entertain such hard jealousies of so harmless a thing . but we are told in the next place , that to make laws in religious matters especially , ( and by the same rule in every thing else ) is a thing , to say no more , perfectly insignificant and absolutely useless , for , it is a principle of a serious tender christian , that he would not do any thing for fear , which he would not out of conscience , i. e. as these words must signifie in this place , he will do no more for the sake of the law , than he would have done without it : and it is a deadly temptation against the present injunctions , that they have a penalty annexed to them . did ever any hear of a law without a penalty ? was ever an injunction drawn up in this form ? these things we do enjoyn you to do ; and if you do them , it shall be to you the same thing as if you let them alone . if the church hath power to command us any thing , we need go no farther than common sense to infer ; that she hath power to punish , if that be not done which is commanded ; and now that the church hath power to make injunctions of this nature , we have evidence enough from the scripture it self , where we find out saviour so far owning this authority , as that he submitted to it : the feast of the dedication was of institution purely humane , and yet our lord observed it ; john . . nay farther , our saviour did not onely observe humane institutions , where there was no particular command in scripture for them ; but he also did observe such as were in outward circumstances , quite different from what the scripture hath appointed them to be in . if this seem strange to us , let us look into exod. . . where we find the very manner of eating the passover plainly prescribed to us , to be done in a standing-posture , and that with all the punctual formality , of their loyns girt , shooes on their feet , and staves in their hands . now our saviour eats it quite otherwise , in a table-posture leaning , without ▪ loyns girt , shoos on his feet , or staff in his hand , in perfect compliance with the uniform practise of that age he lived in . and that all good order and authority was not buryed with the synagogue , is apparent from st. paul , cor. . . let all things be done decently and in order . upon which calvin : this which st. paul here requires , cannot be had , unless some constitutions ( like bonds ) be added , by which order and decorum may be observed . and melancthon in his common places , cap. de politiâ ecclesiast . throughout : take away the obligation of humane ordinances , men cannot be governed or restrained ; so that let us assure our selves ; that take away the ordinances of the church , and the church it self is in danger . add in the close of that argument , let us look but into humane nature , and man-kind's way of living , and we shall find that it cannot want ceremonies . but why do we mention particular persons ? when if there were occasion to multiply words in so clear a case , we have the joint confession of all the reformed churches ; and he who pleaseth to look into the harmony of confessions , may satisfie himself at leisure : we shall onely mention the bohemian , because it carries its reason along with it . c. . sect. . p. . they do teach likewise , that there ought to be a set-constitution , and a certain order of administration in the holy church ; for without a constitution and an outward administration for order , it cannot possibly go well with the church , as with no other , no not the least community . but now suppose the church make these laws , how if inferiors will not obey them ? for that mr. calvin shall be their judge in his epistle to farel p. . this hath always obtained in the church , which hath also been decreed by the ancient synods , that he who will not be subject to the laws of the publick discipline , should be put out of his office and employment . having now upon these several , and we hope convincing grounds , shewed , that the church should have a power of commanding , and consequently , of imposing penalties in case of disobedience : we shall a little return and take some small notice of the first ground of this his argument . that a tender christian will not do any thing for fear , which he would not out of conscience . if this be intended to represent the gallantry of that party , which is here pleaded for ; as being a company of heroick spirits , as that they may be perswaded or encouraged , but are at no hand to be frighted into any thing : we shall then say , that we never yet saw reason to believe that they were persons of such great bravery and resolution : we have heard indeed by one who knew them well ( king james ) that no deserts would oblige them , nor no oaths bind them ; but we never yet heard , but they were as liable to be terrified as any other mortals . we suppose that mr. love may well pass for one of these serious and tender christians , and yet fear prevailed so far upon him , as to make him acknowledg his great guilt and unfeigned sorrow for his great offence ; and own those whom he conspired against , as the supreme authority , and promise all manner of duty and submission , in hopes of a reprieve ; and that this was not altogether conscience , appears , in that when they would reprieve him no longer , he called them rebels and traitors . once again , mr. jenkins too , did recant then ; and we are more sure that he did comply then , out of the principle of fear , than we are that his not-conforming now , proceeds purely out of a principle of conscience . nay , did not that whole party lay aside all mention of the covenant from mr. love's death , till just upon the king's restauration ? now i suppose fear had some influence upon them in this , as well as conscience . the truth of it is , they are like spaniels , if they seem to love any , it is after they have been soundly beaten ; or rather , they are of the basest of all dispositions , who really love no body , but yet will cringe and fawn upon any one , so long as they are afraid of him . and if this be the character of a tender christian , to do nothing for fear ; sure we are , that the tender christian is ( of all places ) the most unlikely to be found amongst those who talk so much of having tender consciences . in pursuance of the former argument , we are told , p. . that , if in lieu of proposing such a piece of banishment to fright the nonconformists into the late oath enjoyned in the act at oxford , there had been offered a liberty of the ministry , on that condition , without any penalty , the act had been perhaps to purpose . it is to me not a little wonder ; that any one who hath but the face of a man , can pretend to complain , as if there had been any severity in enjoyning the oath made at oxford : and to satisfie any , whether that which is here called banishment , ( i.e. removal five miles from a corporation ) be a punishment any thing less necessary for the refusing that oath , there will be little requisite besides consulting the oath , which follows in these words , viz. i a. b. do swear , that it is not lawful on any pretence whatsoever , to take arms against the king ; and that i do abhor that trayte ous position , of taking arms by his authority against his person , or against those who are commissionated by him , in pursuance of such commissions ; and that i will not at any time endeavour any alteration of government either in church or state. now it is clear , that this oath is not an ecclesiastical , but a civil oath , made purely for the safety of the king's person and authority , and was , with some addition , in force before ; and being refused , the pretence was not any thing of disloyalty , ( no , the time was not come to profess that ) but because there was in it a clause for the renouncing of the covenant : the parliament therefore being willing to comply , not only with their infirmity , but with their very peevishness , contrived the substance of the former oath without that clause in it , only binding them to profess , that it was not lawful to bear arms , &c. ut supra . now the refusal of such an oath as this , wherein they are only required to swear , that they will not serve this king as they did his father ; one would think were confiscation of goods , perpetual imprisonment , or banishment , in the proper sense of that word ; when lo , it is nothing but the being removed five miles from a corporation . they who will not promise , not to subvert the government , shall have the whole protection of it , with this only caution taken against them , that they shall not live in such populous places , where they may have opportunity to seduce great numbers every day , to those attempts which they will not be brought so much as to profess for to disclaim . and yet even this is not exacted , as those who walk london streets , know well enough ; and now where there is so direct , so reasonable , and withal , so merciful a law ; one would think , that instead of complaining , they should rather express their gratitude towards the king for his so wonderful , i had almost said so groundless an indulgence , in not putting in execution this act , which is so great a piece of his own security , as it is a restraint upon those who will not so much as engage themselves , not to destroy him and his government . the next , p. , is a project of our author 's against his own brethren ; and that is , to serve them as julian did the primitive christians , to keep them out of every office and employment . and i shall thus far yeild to his advice , as to acknowledg , that if it were carefully followed , we should quickly see that it would have a very good effect . but we must add , that he hath put a very odd complement upon his majesty and the parliament in thus representing them to be worse than julian . but the next , p. , is infinitely more inexcusable ; he doth there tell us how the king of japan first put to death every man who was a christian : this not serving the turn , he executed the whole family where any christian was harbour'd : this not doing it neither , he commanded that both that house where any christian was found , and the next two houses on both sides of it , should be all put to execution . and now when he did reasonably suppose , that every one who reads this dismal passage , had his heart full of horror and detestation at this so barbarous and unexampled inhumanity , he most spitefully inferrs . that this is the course which he and his are to expect likewise . lay that right hand on your breast , weigh what i say ; you must either come to this , if you see to the end , or you must come to an accommodation . have these men already forgot how their lives were ( by the plain known laws of the land ) every one forfeit to his majesty ? and how earnest the king was to pass the act of indemnity : how religious he hath been in observing it ? and when themselves find the government so mild , as they by this sort of scribling dare show how little they are afraid of it ; see what manner of returns they make . ought not now some other course besides mildness , be taken with them , who shall thus dare to allarum the nation , that if he and his have not their wills , there is approaching the most horrid tyranny which ever the sun saw ? i dare confidently say , that however these jealousies may promise their design , in inflaming the people ; yet themselves do not in the least believe , that ever such rigour is intended toward them : and if they were more afraid , they would not complain half so much . hitherto we have had little but lamentations and complainings , that there are in general , laws and injunctions which they cannot away with . but now , p. . we are plainly told what there is in those laws which doth so much offend them : first , negatively ; it is not the dignity of the bishops , their lordships and revenues ; it is not their cathedrals , organs , and their divine service , in what state and magnificence they please : it is not common-prayer , no nor any ceremony of the church , for all its significancy , if it be but a circumstance of worship , and no more , that could hinder most of the judicious and sober nonconformists to come over to you , &c. these things it seems are lawful , and they can come over to them : it were to be wished that they would instruct their proselytes but thus much as they here openly profess , and not for ever infuse dismal jealousies into the heads and hearts of the people , against those things which themselves own so perfectly innocent , and what they can at any time come over to : but hath not the irresistible evidence of truth , here forced them to give up at once no less then their whole cause , or at least , to take away all manner of colour from it ? for seeing that these things are all innocent , what one thing can there possibly be alledged to create any longer scruple ? here is a clear confession , that these men are guilty of the most unreasonable schism that ever was , or ever can be in the world , because it is such a schism which is in their own judgments utterly without any reason ; for there is not any thing required , but what they here profess that they can come over to : the church exacts conformity to nothing but what the very dissenters acknowledg that all the sober and judicious men among them can come over to . but are these men to be esteemed , or sober , or judicious , which stand out in so causless a schism ? which keep up so needless a separation , and divide ( not to say the church , but ) their native country , by refusing to do such things which they know and own , that they may do , and do them very unlawfully . but if these things do not keep them out , what doth ? for these are all the things which the dispute lies about ; why ? it is these declarations , subscriptions , and oaths , which you impose upon them , &c. if the former doth not hinder , i see no reason why this latter should ; for , if we may do such a thing , why may we not declare that we will do it ? if we do believe these things , why may we not subscribe to them ? and what is the harm of an oath to a thing which hath no harm in it : and as to the imposition , that alone cannot alter the case ; for if such a thing ( suppose a significant ceremony ) be in it self lawful , then the magistrate by imposing a significant ceremony , hath only imposed that which is a lawful thing . the law is here notoriously and confessedly innocent in every particular , because that every particular which it doth require , is owned and confessed to be innocent . but as for oaths , we are farther told , that be they taken , or be they not taken , they signifie nothing . we live then certainly in a very mad age. but of all men , the presbyterians are the best qualified to teach this doctrine , that oaths , be they taken , or not taken , they signifie nothing . all europe will bear witness , that with them they have indeed signified nothing . and that , not only because there is no hole whereout a man can creep , that hath taken a former oath , but he can get out of the same , or find another like it , in any new oath you put upon him , p. . at this rate , there must be no oaths at all , because too many may be tempted to break them ; but i shall not make any longer annotations upon this , because i will not presume to vie skill with a puritan in what belongs to the shifting out of any oath , especially if it be a lawful one ; i shall readily acknowledg , that they are , of all others , the most experienced masters of that faculty . but in confirmation of what went before , we are farther told , that there is nothing that is a mans duty , or unlawful , before he hath taken the oath , but it remains as it was , after he hath taken it ; and he will be obliged neither more nor less , ( i speak as to the thing , not degree ) whether he take it , or not take it . the obligations of oaths is certainly much stronger than this author seems here to make it : the thing which was my duty before , if once i become sworn to it , this is a very strait bond to tye me faster to it ; my soul is particularly laid in pawn , and god almighty , besides a judg , is a party to exact the thing in that i have sworn it : nay , in unlawful things , the oath hath a sad obligation ; not to do the thing , it is true ; for nothing can bind me to commit a sin : but alas , by taking this unlawful oath , i have brought my self into a necessity of sinning , let me take which course i can ; whether i do the thing it self ▪ or break the oath whereby i swore to do it . if the limitation in the parenthesis ( i speak as to the thing , not degree ) were intended to qualifie the crudeness of this ( otherwise ) wild assertion , i am content to let it pass : i shall only add , that if we should grant these premisses , he could not infer a conclusion wide enough for his purpose , because his enumeration of particulars is very lame ; for , besides , those things which are duty absolutely , and those which are absolutely unlawful , there are a sort of things of a middle nature , only lawful of themselves , but not necessary ; which before the oath i might have done , but after the oath i must do ; and this part of the division ought not to have been forgot , because our great contest is concerning these things of this middle nature . but p. , , the proposer speaks home , i would to god there had never been an oath , besides the assertory oath , &c. aud p. , indeed an oath in civil things , that is taken of good will , is of moment ; but an oath upon constraint we abhor . sure the wisdom of all nations hath been strangely mistaken , if so be , that promissory oaths are not things of very great use and obligation : solomon , among other reasons by which he presseth obedience to kings , reckons up this as one , and that not the least considerable , in regard of the oath of god. the examples of this in the scripture , are very frequent , david and jonathan , david to bathseba concerning solomon's succèssion ; to the gibeonites , with many others : and the indispensable obligation of such oaths , is declared numb . . v. . if a man vow a vow , or swear an oath ▪ to bind the soul with a bond , he shall not break or profane his word , he shall do according to all that proceedeth out of his mouth . well , but this , perhaps if the oath be taken voluntarily , of our own accord : for , indeed , an oath : in civil things , which is taken with a good will , is of moment ; but an oath upon constraint we abhor . then if any will of their own accord swear not to kill the king , these may , but at no hand we must not compel them to it . the scriptures furnish us with many examples of imposed oaths , by moses , josua , david , asa , iehoida and nehemiah , &c. chr. . . asa caused the people to come to jerusalem , and there they made a covenant to seek the lord god of their fathers ; but perhaps the people were every one of them unanimous , and desirous to enter into such a covenant : that is not likely , that there should be so immediate , and so sudden a change , seeing that v. . they had been for a long season without the true god , and without priest to teach , and without the law : and v. . we see a plain , and a very great coercion used , and whosoever will not seek the lord god of israel , shall be slain , whether he were small or great , man , or woman . ezra v. . he caused the chief priests , and the levites , and all israel to swear , that they would do according to this word . and thus did all the good kings of judah , as it were easie to produce , impose oaths , and that too in religious matters : now there were amongst them divers certainly of different perswasions , who would have been glad to have been exempt from those oaths , as appears by their several groves and high-places ( amongst which , no doubt , there were several pious and well-meaning , however deluded persons , who might have said , we worship god according to our consciences , and the best of our light. ) but these different lights and perswasions did not hinder those godly , as well as wise magistrates , from imposing such an oath ; but rather it was the grand cause or motive of such impositions , to discover who they were who were of another perswasion , that they might be observed , and care taken of them , that they might be questioned , and , if possible , in time reduced . the next is a rare reason , why there should be never any more laws made , ruit humanum genus per vetitum ; to command a thing wherein we were before left free , is enough to whet our humane nature unto opposition ; to prohibit it , will make it coveted , &c. if people do grow eager after a thing , meerly because there is a law against it , there is but one way to prevent 〈◊〉 and that is , to put the law in vigorous execution . i must confess , that a little restraint doth sometimes whet our appetite ; and that the vulgar are so silly as to desire a thing sometimes meerly because it is forbidden them ; and we shall readily grant that it is thus in the instance he hath given us , that , if many of the ejected ministers who are flockt to now when they venture to preach , had liberty to say on till they had wearied themselves and auditors out , we should see how the rowling snow-balls would melt , and , excepting a few of the eminent of them , their congregations would quickly grow thin enough . we are easily perswaded ▪ that the people would quickly see cause to grow weary of them , and do very much wonder what it is which makes them at all flocked after ! how such flat , and empty , and wretched stuff , should ever have the luck to be esteemed gospel-preaching . page . i do verily hope in the lord , that there is nothing in these fears and dreadful abodings of many good mens hearts , about the discipline and way of worship in our church , but a conceit , the lord knows , i do not know . is it not therefore very wisely and christianly done of the magistrates , to silence those men who make it their great business to put such foolish and odd conceits into the peoples heads , who make them to fear , where you confess that no fear is ? are these men fit to have the charge of souls committed to them , who love to keep their proselytes all their life-time in pupillage , under those childish and empty terrors , which you properly resemble to ghosts and goblins ? things which may indeed fright us very much , but it is only because we will not be made to understand that there is nothing in them : and whereas we are advised , p. . to root out such conceptions ; we must still accept our author's concession , that these are conceptions fit to be rooted out ; and we think , that if that sort of teachers were removed , who nourish up such silly apprehensions , these jealousies , as having no foundation , would in a little time , of their own accord , wear all away . the next thing considerable , is an argument for liberty of conscience upon a politick account , that liberty of conscience is the thing which always prevails , which side soever it is of . it was this which 〈◊〉 the better of the king in the warres , pulled down the bishops , w 〈…〉 ng with the parliament-army , afterward pulled up the parliament , and sate down and reigned with cromwel , p. . is this the chief art they have to recommend liberty of conscience to the king's affections , to lay before him how it murdered his father , proscribed himself , and sate down with the usurper on the royal throne ? sure this is not intended , as that this was a likely way to endear it to the king , that it has done so much against him : it is strange that this should be used as an argument to this king and parliament , to establish any thing , because it was the thing which reigned with cromwel , and shall eternize that mortal , ibid. i cannot perswade my self , that one , who only intended to supplicate for favour , would ever have pleaded so unsuitable a motive : i rather , therefore , construe it as a tacit threat : this is that which liberty of conscience is able to do ; and if you will not grant it , you have felt its force once already , and you know not how soon you may feel it again . but of all the things which are here said in the behalf of liberty of conscience , i cannot chuse but smile , that it is here said to restore the king , p. . surely the church of england may say , without boasting , that her sons were the truest , the most constant subjects the king had : you cannot name any other party in the nation , chuse where you will , but something may be objected , as to their deviation from the strict rules of loyalty , among the nobility , gentry , citizens , countrey-men ; if there were any who were beyond their neighbours eminently royallists , they were likewise noted as eminently prelatical : these were the men who made every other government uneasie , by dissenting from , and upon all occasions opposing of it : all other denominations set up , courted , owned every usurping power , engaged , addressed , did what they could to make an interest , vvhile the episcopal perswasion alwayes held off . these were alwayes praying , pleading , plotting for the king ; when according to your own confession , the tender consciences vvere pliable enough to be bent any way ; and your darling , liberty of conscience , as you are not ashamed to tell us , made no scruple of conscience , to sit down and reign with cromwel . but if in cromwel's time , you were one of those who enjoyed the liberty of your conscience , we are sure that we could not enjoy the liberty of ours : was not prelacy , as well as popery , excepted in the instrument of government , that liberty should not extend to that perswasion ? was not the reading common-prayer a thing then prohibited ? and that under no less a penalty than deprivation , and sometimes deportation for the third committing such an offence ? an episcopal divine was then forbidden to preach , or so much as to keep a school . let us remember the major generals , and then we shall not forget what kind of liberty of conscience that was which sate down , and reigned with cromwel . this is , i must needs say , a bold way of making a proposition to the king , to tell him of eternizing of cromwel . pag. . we here meet with a query so very impertinent to the matter in hand , that i wonder how it was brought in . the bishops , and deans , and prebends , he thinks , should not have had the whole p●ofit of their leases , the arrears might have been left for publick accounts , and good works . in a discourse which pretends wholly to peace and accommodation , i wonder how this comes in , being perfectly extrinsecal to any thing which they at present have any occasion to plead for , unless they have a fancy that they cannot serve god now according to their consciences , because that the bishops , seven years ago , were permitted to have the letting of their own leases . but if a tender conscience be that which is afraid of the very appearance of sin ; how comes it to pass that they are so angry that the state did not commit sacriledg ? these men cannot be content , if the church doth ever recover her own , and be but once , as it were , expostliminio , restored to those rights which they had once robbed her of . not to mention merits , or sufferings , we only speak of the justice of the thing . his majesty's piety is indeed for ever to be celebrated , in being thus the church's nursing-father ; it had suffered for him , and he scorned that advice which would have had it to suffer by him. and as for the good works which he fancied that money might have been better employed in , who shall secure us , that , suppose the church had lost it , it should have been employed wholly in good works ? was not this the very plea of judas , might not this have been sold for five hundred pence , and given to the poor ? how charitable and publick-spirited are these men grown upon other mens purses ! former sacriledges have been committed upon such plausible pretences as the publick benefit and security ; but if we consult things aright , we shall not find that the publick ever gained by such courses , nor do we believe that it ever will ; nor indeed is it fit that it should do so . while these things continue in the church , the publick hath a considerable interest in them : take them away thence , and you raise some private families , whose turn being now served , the publick hath no influence upon them any longer . men may talk of the common good , and pretend that ; but no man will be an instrument of sacriledg , without an eye to his private interest . as the case now stands , how much of the churches revenue is still payable to the king ? and how much more hath he the disposal of ? now those lands are in the hands of those who are the king 's constant dependants ; take them away , and you may give them to those who may immediately turn his enemies ; and if we should make an observation upon experience , we might perhaps find , that those who have enjoyed the spoils of the church , have not alwayes shewed themselves the firmest friends to the crown . but as to that money for fines , which the author speaks only about , we think it was employed about very good works : was not the repairing of the twenty years losses of so many learned , pious , and loyal persons , of it self a very good work ? the repairing of cathedrals , and furnishing of them , was a very good , and a very costly work : the redemption of captives , was a very good work : his majesty's favour was most humbly acknowledged in a large benevolence : the re-building of houses , and augmentation of vicaridges to eighty pounds per annum , was a good , and a very great work . and to these let them add , how much was abated to the tenant , of that proportion which any other landlord would have taken ; let us consider these things , i say , and we shall find , the summes of money which came really into the pockets of the clergy at that time , not to have been in any proportion near that which envy hath suggested . i shall add but one consideration more , which i did not joyn with the rest ; because , though it was a great loss and charge to the church , i can scarce reckon , to have been a good work ; and that was , the consideration , which was taken of the purchasers , who of all men had perhaps the least reason to be considered ; yet so generous was the churches mercy , as she did not only forgive , but reward those who had been the robbers of , and spoilers of her houses and her patrimony . in the next place , p. . our author thinks that the covenant ought not to have been renounced , &c. if this care had not been taken , the people might have had some temptation to believe , that the state had tacitly confessed , that the covenant had had some real obligation : and if that were once allowed , the whole foundation of this proposition had been utterly removed ; so great a part of the nation having ( as we have before observed ) sworn to bring the nation to uniformity , . art . of the cov. this might have been a president for a violent faction , or part of the two houses to impose an oath another time ; had not that practise of theirs been so solemnly disclaimed , it might have been then said , that this had been done by them once before , not only without , but against the kings express command and authority , and that act of theirs was not so much as questiomed ; which sure it would have been , had it not been warrantable ; especially since all who took the covenant , have therein sworn to defend each other , in the maintaining and pursuing thereof ; and that they shall not suffer themselves directly , or indirectly , &c. to be divided and withdrawn from this blessed union , whether to make defection to the contrary part , or to give our selves to a detestable indifferency , or neutrality in this cause , &c. but shall all the dayes of our life , zealously and constantly continue therein against all opposition , and promote the same according to our power , against all lets and impediments whatsoever , &c. see art. of cov. the king's enemies had an act of indemnity ; but nothing could have secured the king's friends , so long as the covenant was not declared null ; the fourth article lying as a bond upon a considerable part of the nation , to bring all them to tryal and condign punishment . now is it at all credible , that any nation in the world would allow a great part of the people to believe themselves to continue under the obligation of an oath entred into , in the time of , and in the pursuance of a rebellion ; an oath downright contrary to the standing laws and government , and yet not so much as call upon them to disclaim it ? no , sure all wise estates would agree to that known saying of henry the fourth , that he would be ready to make a peace with any of the leaguers , but he would never make any peace with the league . page . there are among the non-conformists , sober and godly men , which are to be compounded with ; and there are zealous and giddy , which are to be born with , &c. but how are we sure that it will not displease the former , that we bear with the later ? we do very well remember , that there was a time that themselves would not have done it , and that they were very angry with those who did do it . what composition , or what toleration will serve the turn , we know not : but if themselves will once agree upon it , what it is which will please them , each and all ; they shall then know more of our minds concerning it . for the later of these sorts , it is proposed , viz. the zealous and giddy , that there may be a liberty granted to these people , for assembling according to their consciences ; ( a rare contrivance this , that there must be publick liberty to giddy zeal ! ) but their meeting-places should be open , ( that others may turn giddy , by beholding their giddiness ) that so if they speak any thing against the state , there may be some ready to bear witness of it : alas , how easie is it to couch sedition in words very innocent of themselves , so that the law shall not be able to take advantage over them : and yet the auditors shall very well understand their meaning ! but if this be not caution enough , we have one more , that no man be suffered to speak there , who is not forty years of age , at least thirty five . now these two cautions he supposeth will render conventicles very harmless : and truly we like them only thus far , as they have something of a rule in them ; for the lesser liberty they have , the lesser harm they will do ; the more a conventicle is bound up , the less it is it self , and consequently , the less mischievous : but we doubt , that this caution will not be sufficient ; because , when men arrive to those years , they may perhaps be more wary , but not at all the less dangerous . but why may not some of those , whom this rule excludes , reply upon this proposition , that he who makes it , is himself a borderer upon antichrist ; and that his feet stand upon the very brink of babylon : he hath in him so plain a tang of an imposing-spirit . must the motions of the spirit exspect , till he arrives at forty ? hath not a man a conscience , and that a tender one , till he is thirty five years old ? must precious gifts wait till we are of such an age ? what is this but a contrivance of man , a plain issue of a carnal spirit ? liberty of conscience ought to be left to its own liberty , or it cannot possibly be called by that name . doth the scripture tie us up to such a year ? and who shall dare to impose , what christ hath left free ? what ever answer you would return to so wild a discourse , think upon and try , whether it would not justifie the magistrates proceeding altogether as well as your own , you will find , there is a necessity of a rule , and then your great pretence for each private conscience , stating its own liberty , is utterly and unavoidably laid aside and gone . but p. . he readily foresees , that a much greater latitude than himself intends , will be apt to get in at this wide door of liberty of conscience ; and therefore he takes care to shut it against the papists . there is nothing more plain , than that if these arguments of his are valid , they conclude for the papists and the turk too , if any one of them be a man of conscience , and that in his religion he act according to it . but the parliament will provide well enough in that matter , p. . no doubt they will , but we are sure that they cannot possibly do it but by doing that which this whole book is designed against , viz. in imposing penalties in matters of religion , and exacting those penalties too , although those whom they exact them of , should happen to be really conscientious . page . we meet with some proposals to alter divers of our civil laws , as enfranchisements of servile tenures , enjoyning every one to buy his own tythe , and the money laid out in glebe , a register of estates , tenderness toward consciences . these are fine projects , and if the author thinks it worth his while , he may deal with those who are most concerned in his designed alterations ; but the first of them makes us doubt , that the man may be enclined to be a leveller ; and so we leave him to the mercy of the landlords . but these inventions do delight our author so very much , that he thinks that they alone are security enough for the everlasting peace of the nation ; and they are enlarged upon , as if the man really thought that there were something in them ; for , when things are brought about , as he hath contrived , then there must needs for ever after , be amongst us a calm and a most setled peace : for saith he , where there are no hopes from innovation , no body will go about to make it ; but when a people have all that can be had , &c. then there will be no hopes from an innovation ; ergo , when these things are taken into consideration , then shall our government of monarchy in this land , ( leaving the persons of our successive sovereigns unto providence and their chances ) be out of danger for future generations . what is here meant by ( leaving the persons of our successive soveraigns unto providence and their chances ) i wish our author had farther explained himself ; but as for his contrivance to settle things at that pass , that no body shall have hopes from , nor desire to , an innovation : i dare say that this gentleman is no states-man , in that he supposeth such a thing so much as possible ; this thing is only then to be hoped for , when there will be no ambitious , no revengeful , no discontented , no poor , no mistaken man in the nation . there will be always those who wish for a change , because that there will be always those , whose present condition is not altogether so splendid as they could wish it to be : in the most happy times , some will really be , more will fancy themselves to be , unhappy . our author some pages backwards , tells us , that if he is mistaken in the argument he there prosecutes , he will shut up his table-book , and make no more observations from experience . truly i shall even give him leave to do so , seeing that he hath learnt no more from it , than to believe that innovators are in earnest , when they profess that they take up arms only for the common good . these proposals being over , there is a long pitiful address ; the summ of all that which it is founded upon , being p. . do you know that many of these things are really against mens consciences ? and would you indeed have any such to do them , though they be so ? if these things are really , and in good earnest against their consciences , we are sorry for it , and do not know how to help it , but themselves do , or when they please may do so : in the mean time , why should not this author joyn with us , in condemning those preachers which infuse such needless jealousies into the peoples heads , which himself confesseth ( as we have often observed ) that there is no real cause for ? himself confesseth that they are not more panick , than empty terrors ; he resembleth them to the fear of fairies , and supposeth that there is nothing in them . but , which , now think we , should give place ? the publick law , or the private consciences ? especially in our case , where the apologist owns the law as to the matter , to be in the right , and verily believes that the conscience as to the scruple is in the wrong . but what is now to be done as the case stands ? the command is only to a lawful thing as it hath been often granted , but it is believed to be unlawful : i shall answer this which is the grand fundamental doubt , out of the words of one of the chief ring-leaders of that party , ( and for his sake , i hope they may meet with a fair reception ) mr. baxter in his disputations about church-government , chap. . p. . if we do through weakness or perversness , take lawful things to be unlawful , that will not excuse us in our disobedience , our error is our sin , and one sin will not excuse another sin ; & paulò post , it is their own erring judgment that intangleth them in a necessity of sinning till it be changed . with much more to the same purpose , in that whole chapter throughout . but after all this dispute , suppose at the last that it shold not be conscience , and in many of their leaders , we have great evidence , that it is not so . at the conference at hampton court before king james , dr. reynolds , mr. knewstub , mr. chatterton , did clamour as loud about conscience as any now do , or can . but when the arguments upon which their consciences pretended to be founded , were to their own conviction , all weighed and answered , there was then desired an indulgence for some few worthy and sober men , because of their credit : and are we sure , that credit hath nothing to do in this case ? men are loath to use those ceremonies , lest they should lose the credit of that zeal , which hath formerly appeared so much against them . but p . it is not the severity of laws that can do any thing with the mind , though it may with the outward man : force may make men hypocrites , not converts , to a faith which is enjoyned , &c. to this we answer with st. austin , if it doth not remove the error , yet it may prevent its spreading . if it doth not utterly take away the cause , yet it hinders most of its mischievous effects : and in a little time , it may do the other too : heresie is not seated so solely and altogether in the mind , but st. paul thinks fit to rank it among the works of the flesh ; it hath often-times no sublimer motives , than many other of the most sensual transgressions ; outward considerations , are very frequently its cause , and may sometimes be its cure. and this our author himself assures us of , that this is the best way to fetch in others , who certainly will grow weary at the long run , when they shall have work provided , but no benefice , till they conform : one of his own projects depends upon this , that the having no benefice , will be a most effectual means to make them in time , willing to conform . i shall only add to this , that these are very bold beggars , who whilst they are pleading for indulgence and moderation , cannot forbear to throw out threatnings . if the bishops will not , &c. they may write down in the books of what shall hereafter befall them . moniti meliora p. &c. this is something of the strain of martin junior , we have sought to advance this cause of god , by humble suit to the parliament , &c. seeing now , the means used by us have not prevailed , if it come in by that means , which will make all your hearts to ake , blame your selves . bancrof . out of mart. p. . dangerons positions and practises . there is one concession behind , which we are to thank our author for , that he seems p. , , to hold it unlawful to expect deliverance from any , but the king : we desire only to know whether all the party which he pleads for , be of that mind too . mr. hocker assures us , that your predecessors were of the opinion , that their way was to be set up whether her majesty or the state will or no. hooker pref. out of martin , p. . and in the king 's large declaration , concerning the tumults in scotland , p. . we meet with several of their positions laid down , amongst which , this is one , it is lawful for subjects to make a covenant and combination without the king , and to enter into a band of mutual defence against the king , and all persons whatever ; and yet there were two acts of parliament at that time in force , which declared all such contrivances punishable with death . and we do not at all doubt , but that if we had a mind to it , we could give one considerable instance within the memory of man , how this whole parcy here pleaded for , did unanimously ▪ and with great vigour list themselves apace , did contribute their persons , prayers and purses , toward the forming and maintaining of an army , to say no more , not raised by the king. it doth therefore highly concern these people publickly to disown their predecessors , and their own principles and practices , or else they cannot expect to be believed in this , so seemingly loyal a concession , that it is unlawful to expect deliverance from any but the king. i do not remember any other passage in this proposition , to be at all considerable ; only one notion he hath , which is scattered up and down his book , that penaltits and rigour doth but alienate their minds farther from us ; whereas indulgence would work upon their affections , and by degrees upon their judgments . now on the other side , we think , and that upon the grounds of experience , as well as reason , that there is not good nature enough in them for kind usage to work upon ; of this we shall give one , but that shall be a most convincing evidence . the kings majesty , immediately after his most happy restauration , being desirous to satisfie so many of all parties , as did not resolve for ever to remain unsatisfied , did accordingly give so much respect to the clamours then made against the liturgy , as to order a review of it . but withal did , by his declaration set forth about that affair , desire , that so many of them as would be thought conscientious , or peaceable , would in the mean time read so much of the liturgy , as themselves had no exception against : an easie request one would think ; read only so much as you have no exception against : here conscience sure could not be pretended , when their own conscience ( nay their very jealousie ) was the only rule which was set them to walk by , yet they stood it out , only because there was no danger in standing : out and after all , the act of uniformity brought many of the fiercest to read the whole of that , of which before they could not be brought to read a syllable ; so much is a law more available than an indulgence : and as many did come in that bartholomew-tide , so ( had there not been so great expectation of a toleration ) we have reason to believe , that many more would have come in . we have now considered every passage in this treatise , which seems to be any way material ▪ and must take leave to profess that we are not able to guess what it is which this author really would have ; and we farther believe , that he himself cannot tell us : nor need we desire the laws to continue in force any longer , than till the tender consciences can agree what to have in the stead of them . the penner seems in one place , to be one of the most moderate , and not to desire the removal of our present constitutions , but only a temporary indulgence toward some persons , whom he thinks very well of , as being in his opinion , men sober in their judgments and in their lives , only they have got some odd jealousies in their heads ; which though the apologist , is verily perswaded , that they have nothing in them ; yet he would have the men born with , as being otherwise good men ; and besides he thinks , that by this means there is great hopes , that liberty , and custom may in time prevail over these acknowledgedly groundless fancies . this is his sense , p. . . . &c. but a law , with an indulgence annexed to it , is felo de se : it may something be resembled to nebuchadnezzar's image , whose feet were partly iron , and partly clay : ( i. e. ) as daniel there interprets it , such a kingdom shall partly be strong , and partly broken ; and as it is there said that the iron shall not mix with the clay , so it will be here , the conformists and non-conformists shall never care to joyn , or be heartily brought to love one another : the difference of judgment doth unavoidably slide into distance of affection , and from the profession , we are naturally brought to mislike the persons who are of it . besides to relax a law upon the account of conscience , or the pretences of a higher degree of purity in the same religion , is as much as to proclaim the dissenters , to be the most really conscientious : that those who do conform , are meer formalists , time-servers , compliers with that which is uppermost ; but the non-conformists shall be taken for the sincere men , who walk according to light , and to keep the gospel pure without the mixture of humane inventions : and this alone will be a very great temptation to many an honest , but weak man , who hath more zeal than knowledg , to enrol himself among those men , who are allowed to differ from the religion of the state upon the pretence of higher purity , and greater attainments . but because that this proposal pretends to be made very much upon hopes ; that by this means , the differences will in a short time , be brought to cease of their own accord : we desire therefore to know , how long he would have this time of tryal last ; or will he yield , that if this course doth fail , as to this promised effect , that after such a time is past , we shall have recourse to our old laws again ; and for the present , i wish it were stated now , how far he would have this indulgence reach : and that we knew certainly , what were a tender conscience . shall it be sufficient to pretend a scruple at the law ? or is there any other rule to know this by ? or must we believe every one who saith , he doth scruple it : st. peter says , there be some who speak lies in hypocrisie , because of advantage : who now shall distinguish , unless there be some other judge , beside the party concerning whom this question may arise ? i desire farther to know , whether this pretence shall reach absolutely and universally to all sorts of consciences , and all manner of pretences of them , or else limitedly , and restrainedly to such a sort or number of them . and we would fain know certainly , what those sorts , kinds and numbers are . let our author pitch upon which of these two members of the division he pleaseth , and then try if with either of them , he can bring his whole party to subscribe : this we all desire to have , and thus much we will be content with ; we are sure that the sectaries will not be content with one ; and we are sure that the time was , when the presbyterian , would not endure the other ; and this very author seems much divided in the points ▪ one while , he seems only for an accommodation between us and the sober protestant , by which soft phrase he understands the presbyterians , and while he is in this mood , he explodes the wildness of the sectary , and compares him and the papist to the upper and nether jaw of destruction , opening her mouth upon us , p. . but in another place , he is plainly of another mind , pleading earnestly and openly for that liberty of conscience , which sate down and reigned with cromwel , p. . and that we know was down-right sectarism ; now it is but reasonable for us to demand , which of these two pleas he would stick to ; both he cannot have , because they are inconsistent , and if the law would consent , yet these two distant pleas will not , cannot agree , but must necessarily everthrow each other . it highly concerns all those who are for making alterations in laws and governments , to consider what it is they are about , and whether their present contrivances are like to carry them , lest they unawares bring things to such a pass , which themselves will be most sorry to see them at . of all projects , innovation doth most often fail the hopes conceived of it , the beginners being frequently ashamed before they come half way to the end ; and it must needs always be so , because such a work is not to be carried on , but by great multitudes of several interests and inclinations ; the greatest part of which must necessarily be disappointed , and consequently discontented , and so many unforeseen accidents do perpetually arise , in a business of this nature ; new people and new principles coming every day in play , that the first beginnings are become utterly at a loss , they are immediatly out-gone and presently after laid aside . but not to carry this observation farther than our present business , the presbyterians and the sectaries , however they may joyn now in the making of this proposition , let it be but once granted , and they shall immediately differ upon the nature and bounds of it : late experience hath given us abundant evidence , that neither of these , have reason to trust one another : the one only meaning to change us into another sort of government : the latter , not enduring any such thing : all europe is witness , that nothing but the fear of a common enemy , or a common force over them , is able to keep the godly of all judgments from running foul one upon another . if we should now ask a presbyterian , if he would be willing to be accounted accessary to the infinite number of heresies , schisms and scandals which will immediatly , and unavoidably arise , if every one be left to walk according to their own light and conscience , he will answer , far be it from him , to be guilty of so horrid a thing ; he hath covenanted , preached , written , bore testimony against , so sinful and intolerable a toleration . and on the other hand , go to the sectary and ask him , is this your meaning , only to change our form of government , for another you like better of ? he will answer , no by no means : they are all alike of humane invention , and so alike blameable ; besides , they will abhor to be oppressed by those of their own party , while they act but in pursuance of their common principle ; and this you shall have more fully , in the words of the common champion and patron of them , both about this very argument and concerning the presbyterians , had not they ( viz. the presb. ) laboured but lately under the weight of persecution ? and was it for them to sit heavy upon others ? is it ingenuous to ask liberty , and to give it ? what greater hypocrisie than for those who were oppressed by the bishops , to become the greatest oppressors themselves , so soon as the yoak was removed ? oliver cromwel in his speech at the dissolution of one of his parliaments , . p. . these therefore , however they may now piece up into one , are really two parties , have designs absolutely inconsistent ; that which soever prevailes , the other is like to have little joy of it . but as it is evident , that neither of these will tolerate each other ; so there is no reason , why the magistrate should tolerate either of them : and first , for the presbyterian ; the reason is clear , because he will tolerate no body else , as appears plainly by the covenant : and if you will have one shameful instance of their rigour , remember how they had the face to deny to that royal martyr our late soveraign of blessed memory , the attendance of his own chaplains ; he must make use of their way of devotion , or by their consent , he must have none at all ; give me such another instance of barbarity , and seek it where you can . after this , it is needless sure to give you another instance of their rigour , indeed of their inhumanity ; but yet we must do it , to shew their constant temper . deposing of kings comes but seldom , therefore we shall see what private men are to expect from them ; they have refused to admit to the communion , or to pray for people lying on their death-bed , only for not taking the covenant ; have declared that all non-subscribers were atheists : these mild inoffensive people , who must be dealt so tenderly with , because of their weakness , have preached it publickly , that episcopacy must not only be pulled up , but the bishops must be hanged up before the lord , and that the bloodiest and sharpest war was to be endured , rather than the least error in doctrine , or in discipline . see the large declaration concerning the scots , p. . and how the magistrate is particularly concerned to reduce these men to order , appears from the insolencies they have committed and defended against him , when they have been cited to appear before the king and his council , for some of these seditious preachments ; i. e. being commanded to appear before the king and council , they refused with a disdainsul kind of contempt , alledging that pulpits were exempt from the authority of kings and ecclesiastical persons , were subject not to the authority of the prince , but to the presbitery . cambden eliz. p. . and amongst other , this was plainly averred in the case of mr. andrew melvin , who being cited before the king and his council , declined their judgment , affirming that what was spoken in the pulpit , ought first to be tryed by the presbytery , and neither king nor council might in prima instantia meddle therewith , though the speeches were treasonable . spotswood , p. . but that a king is concerned as much as his royalty is worth , to provide against these men , will appear by sixteen of their publick and owned positions , all to be met with in the forementioned kings great declaration , concerning scottish tumults , . &c. of which we single out these . th pos . the assembly is independent , either from king or parliament in matters ecclesiastical . pos . th it is lawful for subjects to make a covenant and combination without the king , and to enter into a bond of mutual defence against the king and all persons whatsoever . pos . th . if subjects be called before the king and council for any misdemeanour , if they who are called , do any way conceive that the matter for which they are called , doth concern the glory of god , or the good of the church , then they may appeal from the king and council to the next general assembly and parliament ; and in the mean time before their appeaels are heard or discussed , they may disobey the king and council . pos . . that when the king is intreated to indict a general assembly , it is not that there is any need of his indiction , but rather to do him honour , and to beget countenance to their proceedings . pos . . an assembly may abrogate acts of parliament , and discharging subjects of their obedience to them , if they any way reflect on the business of the church . pos . . the protestation of subjects against laws established , whether it be made coram judice , or non judice , before the judges or the people , doth void all obedience to those laws , and dischargeth all the protestors from any obligation to live under them , before ever these protestations and the validity of them shall come to be discussed before the competent judges of them , nay , although they be repelled by the judge , before whom they were made . and this they taught their proselytes to do often in the market-place , and so they discharged themselves and one another from any law as often as they pleased . pos . . a number of men being the greater part of the kingdom , may do any thing which they themselves conceive to be conducing to the glory of god , and the good of the church , notwithstanding any laws standing in force to the contrary , p. . large declaration . having now done with these , the toleration of the sects will i hope be d spatched easily . the mother sect being laid aside , the lesser under ones will not hope to stay behind : and surely if the magistrate love religion or himself , he will not be perswaded to tolerate these neither . first , for religion , who seeth not that this artifice makes religion weak and despicable by the being crumbled into so many pieces ? it renders it most ridiculous by being so exposed to all sorts of dotage and imposture . what can possibly give unbelievers a more jnst and frequent occasion of scorn than this , that every one who hath but a freak in his brain , shall have free liberty if he pleaseth , to christen it à motion of spirit ? when every thing that is most extravagant , may have licence at pleasure to recommend it self as a degree of farther light. here we shall see men shaking all day , as if the spirit came to them in convulsions ; there we shall see them run naked about the streets as if with the old man they had put off all degrees of modesty . but these things cannot perfectly be described , because they may vary every moment , no man living being able to tell how many more absurdities this may come to in the very next moment . whether the sects be fit to be tolerated , can only then be reasonably determined , when we are certain how many , and what they are . and as to the outward part of the magistrates care in this business , who shall secure us , that this liberty of conscience may not in a while be pleaded for , as to moral transgressions ? also according as the light doth farther encrease upon them , quid quod de furtis quoque & adulteriis & homicidiis inter anabaptistas & libertinos quaritur an scelera sint ? beza de haereticis à magistratu puniendis ; p. . what a pitiful restraint is a law to a man who hath a vision ? tell him of an act of parliament , he comes full fraught with the mind of god ; nay , what shall the most express precept in all the scripture signifie to one who is got above the dispensation of the letter ? let us remember the anabaptists in germany , no men meeker at first , none bloodier at last . sleiden . lib. . p. . now that the magistrate will find himself to be highly concern'd what opinions any numbers of men shall once come to profess in his dominions . is hence evident , because that opinions have a very great influence upon actions : he who is allowed to raise a sect , hath a very fair opportunity put into his hands of making himself head of such a party , and by being permitted to have their consciences , he will find it no hard matter , to have their persons and their purses at his own disposal too . hence it is , though some princes have been sometimes forced to suffer dissenters from the established profession ; ( by reason that they were so numerous , or so subtle , that they could not go about to suppress them without discovering how unable they were to do so ) yet they always looked upon such dissenters , as the next door to enemies ; and accordingly had perpetual eye and guard upon them , as those who were of all other the most likely to be the authors , or occasion of the next disturbance . it is a great mistake , to imagine that sects are things to be despised , because that men of parts and breeding are not easily nor usually the first which are seduced by them ; we shall grant that its beginning , nay , and its greatest growth are amongst the meanest people , those whose fortunes are low as their understandings ; but perhaps it may not end there neither ; but like a pestilence which may begin in an obscure alley , and yet in a while no part of the city or kingdom may be free from it : besides , are not the vulgar people the hands and instruments which the greatest must always make use of ? and a deception got amongst them , may by a little connivance multiply so fast , as to be able to dispute for superiority , and instead of longer demanding an indulgence , they may in a little time refuse to give one ; and by how much the ordinary sorts of people are less masters of reason , by so much the easier may they be set on in those courses , which are absolutely unreasonable . the safety of all governments doth depend upon this , that it is certainly stronger than each single person ; and for all sorts of unions and joyning heads and forces together , that there be no such things , but under the guidance of the magistrate , and by his appointment : and then be the discontented persons never so many , yet so long as they have no way of uniting , they are but so many single persons , scattered , weak and insignificant , having no means of any common councel , they can never joyn in any common design . but let them once have any one phrase , to know one another by , any setled place for their constant meetings , and a set and known company for them to meet with ; or any bond whatever , which doth unite them , and they presently become a distinct people and begin to be dangerous , as having an interest and counsels of their own , which the government is not the manager of , nor privy to ; but shall quickly find it self highly concern'd , by all means to provide against . and this is the foundation of that advice which moecenas gave to augustus , at no hand to endure those who attempted to bring in new strange worships into the state , dion . cass. lib. . l. , . p. . in edit . steph. for from thence saith he proceed . * some confederations , conspiracies , and associations , things certainly which the government had need to be much aware off . and it is a very vain thing to imagine , that those who profess such great niceness of conscience , whatever their opinions be , they will use none but lawful wayes to promote them : it is rather true , that they will reckon all wayes lawful , by which it is possible , that they may promote them . let it once be permitted to crafty , active and talking men , to instill into the minds of all sorts of people the necessity , usefulness , or the rare excellency of any one thing , or contrivance whatever beyond all that which the present laws and establishment doth provide for : and is not here a most readily prepared matter for any bold bontefeu to work upon , who will take upon him to help the nation immediatly to this so fine a thing : hath not any such undertaker , a vast and already formed party in all parts of the nation ? let him but represent it to them , that the present government is the only rub which is in their way between them and this their so fancied happiness , and what will be a consequent resolution ; but let us remove that obstacle , so publick a good is much to be preferred sure before any particular form or family , the welfare of the nation is the great end , and governors themselves were created but in order to that , and consequently are to cease as often as that end can be better attained without them . though the pretence be nothing but conscience , yet every discontent will joyn to make the cry most loud and general . schismes do of themselves naturally grow into parties , and besides are most plausible occasions for any else to joyn unto them . the gathered churches are most excellent materials to raise new troops out of : and when they are thus far prepared they are at the service of any one who will attempt to lead them on . if all men were wise and honest , if every one understood well and would act accordingly , it were then perhaps reasonable enough to leave things clearly to conscience , as the very best rule we could possibly think of : but let us adde , that if this would supersede the necessity of the coercive power of our laws in religious matters , it would do this much more in all civil ones : for no laws , which ever were or can be in the world , can provide in any degree for those large measures of justice , equity and fair dealing , which would infallibly every-where be to be met with , if we were sure that men would alwayes have a care to keep a good conscience : truth , justice , temperance , &c. are things which every mans conscience doth , and must needs tell him are his duty . yet were it not for the fear of laws we should find that conscience is not alone to be trusted , even in these things which are her natural , her most familiar objects . and if we see that she doth daily praevaricate in these plain and obvious things where she is so easily sound out ; we have no great cause to trust to her fidelity : that she will not also dissemble in those things which are more remote and obscure , and hidden so far from the best of our discovery . let those therefore who plead for liberty of conscience consider , that there are two sorts of men which ought to be provided against , to keep this contrivance of theirs from being absolutely the most senseless and dangerous in the whole world : and we profess our selves unable upon their grounds to provide against them , viz. those who do pretend conscience ; and those who abuse it . and there is a third sort likewise which some care ought to be taken of , viz. those vast numbers which are every day still ▪ lyable to be more and more abused by such pretences . those laws are not fitted for the temper of this world , which proceed upon this supposition , that every one who looks demurely is presently in good earnest , that men say nothing but what they think . let us consider , that it is very possible for men to personate , and then we shall not be so eager to desire a general licence for every one who hath a mind to become a publick cheat. the inconveniences likewise , which such a toleration will bring upon a temporal account , will be very great and very universal : not a city , not a parish , nay perhaps not a family free from them . and we shall quickly see what a sad pass things will come at , if the unconsidering part of mankind shall ly thus exposed to every one who will go about to deceive them . and then from these diversities of judgments , and many times when it is only different forms of speaking , there will immediately arise great distances of affection : for these divisions of reuben there will presently be great thoughts of heart , surmisings , censures , jealousies , railings , evil-speakings , animosities , peevishness , malice , perverse disputings , and every evil way , each congregation will have some one little proposition , which all its proselytes must be known by , which all their thoughts must be always running upon , and every body else must needs come up too . the smallest gathered church cannot hold its members together , unless it hath some particular thing to engage them upon , and to have them known by : for they cannot with any face separate from all mankind , but they must have something to say for it . this contrivance , however it be absurd and dangerous , will notwithstanding that , have alwayes many who will be very fond of it , for it is a most ready way for every forward fellow to think himself somewhat in that he is got into such a sect ; and then he thinks , that if he can but improve the notion a little farther , he shall then be the more taken notice of : and if he finds that his addition is but a little taking , he will then forsake his masters to set up for himself ; divide from that church of which he is now so precious a member , to gather a purer of his own : and so this light will serve most bravely for himself to shine in . but if this had been a new invention , its contrivers might then have been allowed to have entertained huge hopes of it , but alas , it hath been often tryed and always brought great confusion along with it : and therefore there was then great care taken by the romans , what religion their subjects were of , one of the ancientest laws ; we read of , separatim nemo habessit deos , neve novos , sed ne advenas nisi publicè adscitos privatim colanto . tul. l. . de legibus . xii tables . this was an especial part of aediles care . ne qui nisi romano dii , neque alio more quaem patrio colerentur , liv. lib. . p. . easily concluding that as soon as ever they had another religion , their countrey had lost the better half of them . in variety of worship the one must needs reckon the other erroneous , perhaps impious ; and then how lamentably must that city be divided , whose inhabitants think themselves bound as they love god to hate one another : and it hath been often seen that a common enemy hath crept in at their intestine divisions , and destroyed both ; while the one did not enough care to help the other . be our apprehensions concerning divine matters never so different , i grant that we ought not for the sake of them to want the dutyes of common humanity ; we shall grant that so to do , is a great error . but alas ! it is too general a one ; and law-makers are to consider not only what men ought , but what they use to do . why shall i fight ( saith one ) for a prince who is an idolater ? and why should i ( saith another ) take any care to relieve that city which is only a bundle of schismaticks ? and what was the policy of jeroboams calves think we but this ? he did not cast of the true god , but only set up another way of worship , as easily concluding , that if i can but perswade them to be of another religion , i shall easily keep them to be another kingdom ; do but divide their faiths , and the nations will never care to unite again . and pray tell me , what shall a prince do in that case , where there are divers wayes of worship allowed , and frequented in the same nation ? shall he discountenance the professors of any one , by keeping them out of all office and employment ? if so , he disobligeth that whole profession , loseth so many hearts , who sure will think themselves to be very hardly dealt with in that they are disrespected , only out of their zeal to god , and because they follow the best of their light. and what will they think of such a state , which doth refuse to employ them merely upon this account , because ( in the words of our author ) they use all manner of means to save their souls ? or secondly , shall the prince carry himself equally and indifferently toward all perswasions , countenance and prefer them all alike ? this can hardly be , because he himself must be of some one , and that will think it self not fairly dealt with if it hath not some preheminence ; and when he endeavours to shew himself indifferent to all perswasions , it will then be said , that he makes use of all religions for his own ends , but himself really is of none ; and so perhaps none of them will be really for him : and thus by endeavoring to displease neither party , he shall certainly displease them both ; at least the zealots of all sides will represent him at the best as one lukewarm , and so only fit ( as it is in the revel . ) to be spit out at their mouths . men may talk of their fine projects as long as they please , but surely where the church is already so setled , as that it hath a great dependance on the government , and the government hath a standing influence upon that ▪ those politicks must needs be very strange which go about to alter such a constitution , and instead of a clergy thus regulated , it is no kindness sure to the monarchy to set up such a ministry which shall depend chiefly upon the people . and when the whole method of the preachers maintenance , and reputation , must be the various arts , by which he can either guide or follow the several humours of each of his congregation ; no man can tell what it is possible for a good crafts-master to perswade the multitude unto . as to our particular case , if these people , what this book pleads for , had barely a toleration , i do not know that it would satisfy them ; i suspect it may increase their number , and so enable them in a while to demand much more , and when they are a little stronger , their way would appear not only true but absolutely necessary . vid. bancrof . dangerous positions , and practices . pag. . for however they do now speak us fair , and tell us , that the things imposed are all lawful , and all that they desire is , that some persons may in pity be borne with who do not think them to be lawful , yet we shrewdly suspect that they teach their proselytes much otherwise ; for the people as long as ever they have been under these mens tutourage , are not yet altogether so mad , as to make so great and withal so needless a separation : if their teachers would but let them know so much , that these things are all lawful , which all this clamour and scruple is made about ; they would never i say , be perswaded to have all these heart burnings and jealousies , to fight and make parties against that church , which in these its chiefest adversaryes esteems , held or practised nothing which was at all blame-worthy , any otherwise than as its dissenters by mistake conceived it to be so . no certainly , the poor people are without doubt still led on with those obsolete and forsaken pleas of popery , superstition , will-worship , and idolatry , which though their teachers know , and here confess to be nothing , yet i doubt they will not let their disciples know so much : they are perswaded that we are idolaters , and have been more than once animated to execute the rigor of moses his law upon us for it : and when the next opportunity offers it self , we shall be called babylon once more , and then the consequent will be as formerly , happy shall he be who taketh thy children and dasheth them against the stones . in one word then , to allow this pretence of conscience is no way prudent , because there is no probability that it can produce any good effect : it is a thing , of which you shall never be able to see a good end . toleration then upon the whole matter is very unnecessary at this time , because the impositions in the apologists own judgment are very lawful , it is very unsafe , because we know not how great evils it may produce ; we have shewed , that they will not tolerate each other , and that the magistrate hath no reason to tolerate either of them , it brings great scandals upon religion , and must needs breed great quarrels in the state. and lastly , if it were granted , themselves are not yet agreed about its nature and bounds , and so if we should at present give it , they would as yet be at a very great loss what to do with it . let us then be permitted to continue as we are ; seeing it is not agreed in what manner we shall be altered , and the alterations proposed by this author have been demonstrated to be dangerous to the religion and to the government of the kingdom . there was another treatise lately published concerning the due latitude of religion , that author is likewise concerned to fix his own latitude , and let us know how much it is ; that he and his whole party will be content with , i shall make no present observations upon him , but only lay down two of his own concessions by which he hath clearly given up his whole cause . the first is , p. . such is the complicated condition of humane affairs , that it is exceeding difficult to devise a rule or model that shal provide for all whom equity will plead for . therefore the prudent and sober will acquiesce in any constitution , that is in some good sort proportionable to the ends of government . if so , they are in this authors judgment neither prudent nor sober men , who call so loud for a toleration . the second is , p. . nevertheless , if when all is said , some dissatisfaction doth invincibly possess the judgment , in that case , christian humility , and charity as well as discretion , adviseth such persons to acquiesce in their private security and freedom , and not to reach after that liberty , that may unsettle the publick order , and undermine the common safety . if so , those men want humility , charity and discretion , who demand a publick liberty for their consciences , we take these few lines to be a sufficient answer to all the rest , and they are so plain , as that i shall not need to comment upon them. finis . notes, typically marginal, from the original text notes for div a -e a ut externo bello , ita etiam interno schismate hoc tempore laboravit anglia ( schismatica enim pravitas semper bello ardente maxime luxuriat ) nec certe contumax in ecclesiasticos magistratus impudentia , & contun elio sa improbitas insolentius alias se exercuit . camb. eliz. p. . expedit quidem prospicere desultoriis ingeniis quae sibi ●imium licere volune , claudenda est etiam janua curiosis doctrinis . b ratio autem expedita ad eam●em una est , si exict summa quaedam doctrinae ab omnibus recepta , quam inter praedicandum sequantur omnes , ad quam etiam observandam omnes episcopi & parochi jurejurando astringantur , ut nemo ad munus ecclesiasticum admittatur , nisi spondeat sibi illum doctrinae consensum inviola●um futuram . quod ad formulam precum & rituum ecclesiast icorum , valde probo ut certae illa extet a quà pastoribus discedere in functione suà non liceat , tum ut consulaetur quorundam simplicitati & inertia , tum ut certò constet omnium ecclesiarum inter se consensus , postremò etiam ut obviam eatur desultoriae quorundam levitati qui novationes quasdam affectant , p. , , &c. cerebro si quidam qui sub evangelii nomine 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 passim invectam vellent . uliore gladio coerceri , &c. non potest haberi quod paulus hic exigit nisi additis constitutionibus tanquam vincul●s , quibus ipse ordo & decor●m servetur . nec regi nec coërceri homines possunt &c. ita sciamus dissipatis ordinationibus ecclesiasticis periclitari etiam ecclesiam . ipsam vitam ac naturam hominum intueamur , quae non potest carere ceremonils & ritibus , ut saepe jam dictum est . docent etiam administrationis constitutionem & ordinem certum in sacrâ ecclesia praestandum esse ; absque enim ordinis constitutione & administratione externa , non potest bono loco esse , aut bene cum ipsa agi , sicut & cum nulla alia etiam minima communitate . semper hoc in ecclesia valuit quod veteribus synodis fuit decre●um , ut qui subjici communis disciplinae legibus noluerit munere abdicetur . timor poenarum etsi nondum habet bonae conscientiae delectationem saltem intra claustra cogitationis coercet malam cupiditatem aug. cont a literas petiliani . lib. . chap. . coram comparere jussi fastidioso quodam contemptu abnuerunt , quasi pulpita à regum authoritate essent exempta ; & eoclesiastici non principis imperi● sed presbyterio subessent . * 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . maecenatis oratio apud dionem . cass. l. . p. ● . in edi●● steph. a discourse of the religion of england asserting , that reformed christianity setled in its due latitude is the stability & advancement of the kingdom . lately printed . a copy of a letter from an officer of the army in ireland, to his highness the lord protector, concerning his changing of the government. goodgroom, richard. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing g a thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) a copy of a letter from an officer of the army in ireland, to his highness the lord protector, concerning his changing of the government. goodgroom, richard. , [ ] p. s.n., [london : ] signed on c r: r.g., i.e. richard goodgroom. caption title. imprint from wing. annotation on thomason copy: "june "; on c r by date iune "a feigned date.". reproduction of the original in the british library. eng republics -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason e _ ). civilwar no a copy of a letter from an officer of the army in ireland, to his highness the lord protector, concerning his changing of the government.: goodgroom, richard. b the rate of defects per , words puts this text in the b category of texts with fewer than defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - elspeth healey sampled and proofread - elspeth healey text and markup reviewed and edited - pfs batch review (qc) and xml conversion a copy of a letter from an officer of the army in jreland , to his highness the lord protector , concerning his changing of the government . my lord , i do not at all doubt but that your highness will wonder to receive a letter , and of this length , from so mean a person ; but when you shall be pleased to weigh that , no man who is not too mean to be calumniated , can be too inconsiderable to defend himself ; i make no question but you will think this boldness a necessitie , and so pardon it : it is now neer five years since i left england in your companie , and under your command , ever since which time i have constantlie resided with my charge here , one bare moneth excepted , for which space i had leave to dispatch some affairs in england . now for that my superiours here do refuse at present to give me permission to wait upon your highness in person , as also that i have small hopes otherwise , that your many weightie imployments can ever admit me to be heard by you at large , i have presumed to write these few lines , beseeching you to beleeve the contents of them , as proceeding from an unfaigned heart , and to take a measure of me and my principles from hence , and not from such clandestine reports as may possibly be justill'd into your eares , by those that are my enemies , and will be yours , when they shall have prevailed with you , to disgrace those that have bin oldservants to the cause of libertie , and to your person , and to put your selfe wholly at their mercy and discretion , whose deep policy hath made them desert their country for this last five years , dureing which time they have been little lesse then martyrs to charles steward , and his interest : my lord , i cannot answer to these objections against me , for which i am traduced to your highness , because i yet never heard them in particular , nor is there any charge against me that yet i can learn news of , only a rumor speaks me disaffected to your present power , and so not fit to be trusted any longer , to give answer to this , it would be necessary to understand the drift of this government we are now under which i protest i cannot , i mean , whether we are in the way to a glorious commonwealth for which we have ingaged , & to which the great power which you are possessed of , may make us much neerer , if you please , or upon a transition , thinking the case of our liberty desperate , from a free state , to a lasting setled monarchy , when it shall appear to be the latter , i shall not at all conceale my disaffection , nor desire to retaine my imployment , that may give me a relation to that government , to expose which my life hath been so often hazarded , and my hand and my heart to so many solemn declarations against it , which together with mine own light and reason , would haunt and persecute mee , like so many revenging furies , if i should dare to harbour an apostate thought of being instrumentall to revert , as if it was nothing in the eyes of god and good men , to imbrew two nations in blood , to execute a great prince , to destroy so many considerable persons and families , who now all beg their bread in forrain lands , and to take the food out of the mouthes of the poore , and their beds from under them for taxes and impositions , and all this to the intent to support that liberty which nature hath bestowed upon mankind , and then to make no more use of the most miraculous mercies of god , and the precious blood and ●●ars of so many worthy and religious patriarks , then to make them instrumentall to pull down a legall monarchy , for being somwhat too tenatious of certaine power prejudiciall to common freedom , and at the same time to set up , and introduce without form of law , justice , or consent ( no not of the armie it selfe as is suggested ) an arbitaary boundlesse power solely subservant to the exorbitant wil and unsupportable ambition of one single person , and that for ever , who is to have thirty thousand men , who are not to bee disbanded , nor the money for their entertainment laid or altered by parliament , these are to be his janizaries , and their work to inslave the people in these nations , to the lusts of their grand senior . for if hee have any forraine emergencies hee may raise more : what hard-hearted men were those in parliament , who thought the earle of stratford worthy of death , for telling the late king , he had an army in ireland , which hee might imploy to reduce his subjects here to their obedience , and how severe were these grave and learned lawyers , who judged that speech treason , even at the common law , and now thinke it none for themselves , to act in seats of judicatory , execute laws , and hang men , and yet have no power to authorize them therein , but what is derived from such another trick , as that earle would have then plaid ; to be short , if i should examine that paper cal●ed the government , i should hardly find a line in it , which is not destructive to our cause and liberty , soe that it appears plainly to be a monarchy bottomed in the sword , or to come neerer the right name , a common-wealth established in a lord protector , and thirty thousand men , these considerations my lord , do prevaile with me , to believe that your highness do not intend to continue this form of government upon us , but have assumed the power for a time , that you may be able to accomplish the worke of libertie amongst us , which the parliment consisting of divers persons , of several and different capacities , was not able to establish , and this seems more probable to me , not onely from your owne oaths , protestations , and excellent principles against monarchy , but even from the consideration of the ticklish and slipperie posture in which al monarchies do stand , who have no foundation of their right and government , but an armed force ; how often have the p●eto●ian bands , the turkish & rushian armies proved more fatal and tyrannical to their own princes , then to their poor oppressed vassalls , and it seemes to be agreeing both to divine justice , and humane reason , that an armed multitude , which by the preswasions of one man , hath broken all the bonds of law and conscience , to serve his interest , and inslave their country ; should when the tide of their fancy or passion turnes , thinke themselves as well absolv'd and disingaged from all reverence and obedience to their owne captaine . since i have said thus much it will be needless to speake more in praise of a free state , for that the best and most limited monarchies are but perpetuall contests between the interest of mankind , and that of one person , each striving industriously which shall ruine and undermine the other , & in that government flattery and unworthy insinuations are turned up trump , without which noe man can win in such a game , which gives a plaine reason why the most vertuous princes , as marcus aurelius , antonius pius , and others , could never make their people so ; the interest of their government being wholly contrary thereunto ; for if the principle of vertue and justice should be sowne , and come up , they would have that growth and increase , which would in short time overtop the interest of one person , & so destroy the state ; as hath been seen by the experience of those governments which have erected themselves out of the ruine of monarchy , where the prince hath been so unadvised , to suffer his people to attaine to riches , and so get good education , for that the great concernment , or reason of state in kings and tyrants , is to keep mankind poore and ignorant , which the greeks and romans understood well , when they stiled those nations who lived under the command of one man , barbarians , just point blank contrary to this , are the principles and maximes of a commonwealth , which is the nursery of vertue , valor , and industrie , where no court whispers , no pimping projecting , or such arts , can bring advantage to those who practise them , but onelie a publike spirit exprest in just and honorable actions , must advance and prefer persons to the highest offices and imployments , this laies a foundation for the constant succession of g●n●●●us and worthie patriots , this makes a people rich and free , ●●pp●e at home , and formable abroad , and historie , which is the best reason in this point , will plainlie shew , that the worst and meanest of commonwealths , have been more rich , powerful and populous , then the same countrie could ever be under a prince ; i take the most factious and corrupt estate in storie ; to have been that of fl●rence , yet did that common-wealth for many years together give law to italy , and when they had war with part of their own territories , as pisa , and its countrie , did for manie thousand yeares maintain sixty thousand men , whereas the same dominions now under a duke , with the addition of the state of sienna , is not able to raise or maintaine twelve thousand men ; for when the present prince was necessitated in the yeare one thousand six hundred and fourtie three , to make an inconsiderable war against the pope in companie of parma , modena , and the venetian , and that for but one summer , he was reduced to such extremitie , that he hath been forc'd to sell his gallies , and whollie to neglect the sea , and yet those people that are left in his dominion , are much more opprest by impositions , then in the daies of libertie ; i will not speak of england , because it was never yet a commonwealth , though it hath past a civill war , and all other sufferings which belongs to a change , yet this must and will be said , that all those actions of honour , which our kings for six hundred years have performed , did not bring more renowne ; nor so much advantage to these nations , as the atchievements of the same people when they had no prince , and but the name only of a free state ; and if for our sins it be decreed that we shal never be so ; i dare almost prophecy that the actions of succeeding monarchyes wil not outdo , nor perhaps not equall these , and then posterity will have leave to thinke , that all the wisedome , valor , and activity of these nations was not residing in one single person ; but i have dwelt too long upon this , and shall onlie conclude , that if all kingdomes be neer their period and ruine , when the subjects under them grow rich , wise , and capable of understanding their own good , and contrariwise , that common-wealths do not decay , but when their people in general grow poore ; and ignorant , and the riches of the nation comes to be ingrossed by a few , who by that meanes can buy voices to get into command , and then bribe souldiers to uphold them in their ambitious designes , to inslave their countrie , the povertie and abjectness of the people , making them fit for the impression ; then it must necessarilie follow , that those in whose hand and power it is to settle and establish what form of government they please , ought to improve that power for erecting a free state , or a commonwealth ; this is the case of your highnesse , who besides your oaths and trust , have this obligation more , that you know , and are perswaded in your conscience , that this is a more excellent form then monarchie , as you have thousand of times exprest your self , and particularlie in that declaration which you composed here , and published when you entered the province of munster , . in which you have most excellent and unanswerable reasons for a popular government , which shall make mee say no more of this businesse ; but come to bring it to our present condition , because it is alledged ( and indeed to that we owe this change , which hath brought upon us so much distraction & unsettlement , that we were not capable being a free state , and so that you by necessitie have been forc'd upon these courses , to prevent confusion ) i am not ignorant , that nothing is more commonly said and believed amongst the vulgar , then this error , and it is besides industriously fomented by some subtil grandees , who knows their great riches , titles , knavish cunnings , and such useless qualities , will not prefer them to that dignitie and eminencie in such a government , as they hope to injoy under a prince , whom they can sooth and flatter , i must confesse , to look upon the present humor of the people , as they are divided into factions , & animated against the parliaments managing affairs , a rational man might believe , that as their passions do hinder them from seeing the advantage of a comonwealth , so they would likewise hinder them from obeying it ; but those who shall consider on the one hand their punctuall obedience , not only to all laws , but even to these ordinances , which are now called so , and that undoubtedly against their judgement , as well as their affections ; and on the other side their genuine inclinations , and before this warr , when they were free from factions , and in puris naturalibus , to freedom , which was plainely seene by their joyning unanimously with the house of commons , in their contest against their king : i say whosoever shall observe that , must needs say , that a small force joyned with good principle , and honest governors , will soon reduce them to their naturall disposition and temper againe , if thirty thousand men can support this government , then ten thousand might maintaine freedome , which would quickly come to subject by it self without any force at al ; which al states do , that are established upon a right basis , viz upon the natural temper and humor which the posture and condition of the people puts them into , if they be poore and low , monarchy may serve their turn , if rich , they wold look to have share , rule & magistracy themselves : whosoever then wold , found a government which he intends not , shal subject by force ( for if he do it , matters not what he makes it ) might above all things , observe these accidences , which ruind the precedeing state , for every form of government which crumbles and fals to ruine , by the weakness of its owne pillars , must have a new fabrick , or mend the old , one just in the place , first breake , if it be capable of it , and whosoever shall looke backe into the turnes and revolutions of state ; will find , that all changes in government have been mending of old frames , or making of new ones , & as legislators or senats , have gone to the root of nature in this , have not palliated or patched up the cure , so nations have been happie or unhappie , free or slaves , governed by force continually , or by consent , and states durable , or short lived , is true , that our unhappiness is that great alterations seldom come without intestine wars , it being hard ( especially in populous and flourishing cities , to bring the multitude to give so great a power to one man as is necessary to redress a disordered state , and for that men are generally short sighted , and cannot foresee great inconveniences till they are too late to remedy , but by force , this makes the cure oftentimes miscarry , as in the case of the gracchi at rome , and of agis and cleomenes at sparta , in both which examples , there was an endeavour to reduce those two excellent states , to their first principles , but it was too late attempted , when the corruption was growne to too great a height , which if they had found , and would have been contented to erect a new form more suitable to the inequalitie of mens estates at that time , they might possiblie have succeeded , if not to have introduced so good and excellent a model as they fell from , yet one able to have prevented the ruine and slaverie which soon after befell both these people ; not to make the business longer , i will instance in the example of our own nation , the first historie of which , ( it is not esteemed fabolous ) is that we were invaded and conquered by william the norman , who either ruled by his own will , or made the law rule , which he gave at his own pleasure ; his french lords left posteritie behind them , who in process of time grew so rich and powerful , that they did not think it fit to be governed by the discretion of one man , but believed , they might deserve and share in rules themselves , for there is nothing more fundamental by nature , then that those who possess a land will desire , and by all means attempt to govern it , which is the true reason of what was alledged before , viz. that it is against the interest of a monarchy , to let his subjects grow rich ; from this contest of the lords , with succeeding kings , began the barons wars , and in the close of them our government , by kings , lords , and commons , wherein , although the commons were named , it will be found ( if we look into records , that they had little share , except to help bear up the lords , whose blew-coats they wore against the king ) and it will likewise appear , that they were never discontented at their small proportion , and the reason is the same with the former , viz. that either they possessed no lands at all , or else he held them as servants to their loving lords and clergie , so that this state was founded with great wisdome , upon the verie condition of the people , which had it continued the same it then was , could never have been shaken , but by a forraign war ; but all great bodies are well politique as natural , receive great alteration and corruption , and though in good mixtures they commonlie tend to decay and ruine , yet where the crasis is bad , there may be accedents which may incline to amend it , and that without the knowledg of the parties , who are the subject matter of the change , and as wine changes it self by working , so many times the natural humor of a nation tends from the corruption of a monarely , to the erecting of a popular state , though whilst they are in motion , they may not possiblie understand whether their own impulse doth incline and lead them , this will prove to be the case of england ; for when henry the seventh had established himself king , and saw plainlie that he did owe his acc●ssed to the crown , more to the favour of those lords who assisted him , then either to his own sword or title , he began to consider in how ticklish a posture he stood , whilst it was in the power of any small number of lords to set up , or pull down a soveraign at their will , and upon this contemplation he made it his whole aim and work to lessen and debase the nobilitie , that he might have the less to apprehend in his new-gotten royaltie , by which he laid the foundation of destroying his posterity , not considering at all that the lords could not be diminished , but by advancing and inriching the commons , whose desire of power must necessarilie increase accordinglie , which if they could obtain , it was then obvious that they must strike not at this or that prince , but at the verie root of monarchy it self , as being a thing uselesse whollie to them , and indeed inconsistent with their government and interest : henry the eight continued in the same policie , and amongst many other accidents of increasing the power of the common-wealth , to the setling the militia in deputie lievtenant , it happened in his daies that religious houses being taken away , most of the lands and mannours belonging to them , some for moneys , others for donations , fell into the hands of the commons ; this was the first time they began to bear up with the lords , who since have been abased and impoverished by manie accidents , as by finding a means to cut off intailes , whereby it came to be in the power of those who were in present possession , to sell their posteritie and revenues , and so to ruine the lords who succeeded them , ( which estates too ) being most what spent in court vices and luxurie , lost the interest of the peers in their countries , and made them contemptible to the whole nation , and slaves to the citizens , who by their prodigalities grew into great wealth , and possest their lands ; about this time trade beyond sea increased , and abuses in the law growing up , made that a wealthie profession , so that incensiblie foundations of great families amongst the commons were laid , whilst the lords grew dailie to decay , and that which brought them to nothing at last , was doubtless the scotch race of kings , who whether by design , or for want of prudence , is not known , made so many worthless persons peers here , as well scotch as english , and those too for the most part so inconsiderable in point of estate , that the people did universally detest the government , as we may observe by the constant unquietness of their representors in parliament , there scarce having been one in the two last kings raigns , which were not dissolved abruptlie by them , so little complying were they to his government : now though i am no waies ignorant that the dissentions which happened between those kings and their parliaments , had verie good ground on the peoples side , as the taking away grievances , and the like , yet the natural cause ( and which was a long time collecting ) was the height of the commons , and the meanness of the lords , and the king , who had by this time sold and given away all his revenues ; and this too will appear to have been the original of these civil wars , for although the last action , which drove us into it , will ever be acknowledged to have been the kings misgovernment , yet as we are apt to say in malignant fevers , that the last excesse we made drove us into it , though the bodie had been gathering that pestilential mass many years before ; so in this case the essentiall and natural cause of this state disease , was much longer in collecting , then the ship-money , or the loan ; and this is clear , for that the people did support much more then those from their prince and landlords too , whilst they were poor , and never did stomack to be governed , even arbitrarilie , by those upon whom they were necessarilie to depend in point of estate and subsistance , it being then , my lord , so clear and evident , that the riches of the people in general , is the natural cause of destruction to all regal states : i desire to bring this to our present discourse , and will beg leave to ask your highness leave , whether the commonaltie of england be grown poorer then they were when this was began , or rather , whether they are not become so much more rich , as the lands and mannours of king , bishops , dean and chapters , and of all the great delinquent lords , together with free-farm rents , could make them ; if this be granted , it must be then concluded , that we are farther off from a capacitie of being governed by monarchy again , then when we first began this quarrell ; so that you see that it is so far from being true , that the nation of england is not fit at all to be a commonwealth , that indeed it is wholly impossible to make it any other , without an excessive force and violence ; so that my lord , if your highness shall yet resolve to detain from us our liberties , with which you were intrusted , you will not onlie offend against your owne oaths and principles , against common right and justice , but even against god and nature too , for that it will be impossible for you to mend this frame where it first brake , except you can take from the people their estates , and confer them upon old or new lords , which will be hardlie safe for you to attempt , it hath been my unhappiness to make this discourse somewhat too long for a letter , but i have been forc'd to rove too far into the nature of government in generall , before i could shew the principles of a free-state , and how neer we are to it , if you please , so neer , that the cavaliers themselves in their hatred to the parliament , and now to your self , do fully manifest , that they abhor all superiours , and are impatient to be governed by others ; and this verie humor in them , is a secret impulse towards a commonwealth , which although they do not now understand to be so , yet they would soon do it , if they had what they immediatelie desire , for i am fullie perswaded , if their darling charles stewart could be brought in by them , and all his opposers whollie rooted out , he would not be able without a standing armie to maintain the old government , even amongst his own partie , so much is the case altered now , and so strong and natural the motives which draw towards liberty . i must confess these speculations were no part of the cause which induced me first to take up armes first for the parliament , but did come into my thoughts since by discourse , what i did originallie look at , was the justness and honestie of the cause , the excellencie of libertie , the glorie of advancing and promoting the interest of mankind , the making my nation more wise , valiant , happie , and honest then before , as well as more free , which i cannot yet dispair of whilst i see you alive , whose noble and unwearied endeavours to that end , can never be forgotten , when the king , the scots , and half the parliament combin'd against us , you could not be daunted , when your own grandees would have perswaded you out of those principles , you would not be circumvented , but did often say , that towards the attaining of a just and upright government , an ounce of honesty and resolution , was worth a pound of sneaking policie : oh let not those men who have suffered for your enemies get that upon you , by soothing your ambition , which they could never doe by opposing your reason , let not those instruments , who have deserted the cause of libertie , be now made use of to destroy it , and by advising you to purge the armic , make those janizaries , whose glorie it was once , they would not acknowledg themselves to be mercenaries , put not your self upon the discretion of those whose love is not to you , but to monarchy , and when they shall have made you a while the instrument of their ambition and avarice , will in the least adversitie look back to the old line again , which they scarce ever yet offended , and when that shall be understood by charles stewart and his hectors , and that there shall be nothing standing in their way hither , but your life , the antient asserters of libertie being laid by with shame , and those who were once outed for opposing it , stept into their places , in how hazardous and desperate a condition is that life of yours like to be , which hath been hitherto so precious to all the honest partie in these nations ; consider therefore that those grandees are like fire and water , good servants , but verie dangerous masters , let them do your drudgery , but let them not steer your counsels , trust this nation with their freedome , posterity with your fame , and god for a reward ; we know we cannot be free without your help , till we have undergone a thousand confusions in the way , our factions will not suffer us to agree in any thing , except you lead us into that frame which will fit us , and to make which , you may find persons enough to assist you , if you please to seek them ; and who knows but that the wise providence of god , seeing the failings of the parliament hath permitted you to assume this great power , to that end , do not offend that god whom you have so often called to witness of the integrity of your heart ; consider , that if you will not build us up that fabrique of a free state , you must be the first to lose your own libertie ; do but weigh the feares and the uncertainties you will be in , whilst you live , and the almost inevitable necessitie that your posterity must be destroyed when you are gone , as well as ours , or let this prevaile with you , at least to make us a commonwealth , because you can make us nothing else ; if you believe your selfe not safe without this power , pray consider how many plots and designs there were against you when you were our general , and how many nights sleep you brake then in examinations , nay remember , if during the triall of the late king , you did not walk the streets often with one servant , or without one , whereas now , new troops and regiments must be raised , and the old recruited , and all thought too little to preserve you ▪ and yet the lives of all the honest patriots in england were then wrapt up in yours , as much as now , and their interest more ; but if yet after all this , that detestable poyson of ambition , and desire of domination , have taken so far possession of you , that no antidote can expell it , and that nothing will satisfie you , but to destroy that libertie which you were appointed guardian to ; and to outdoe him whom you have pull'd downe and executed : i must professe to all the world , that though i shall ever acknowledge that i owe much of my being setled in the principles of freedome , which i now adhere to , to your former excellent discourses , and most excellent actions ; yet that i cannot finde any thing in my conscience that will perswade me to change vvith you , but shall vvash my hands from the guilt and infamie of your vvaies , and vvithall lay dovvn my commands , and all other relations to your government , that so i may deliver you from the apprehensions , vvhich i believe you are in , that you cannot finde a specious pretence to discharge me from my imployments , though the series of your former behaviour in that kind tovvards your friends , makes me believe you vvill be soon provided of a cause to lay me by , for you have hitherto ( as i may so say ) rid so fast , that you have seemed to be mounted rather upon post-horses , then those vvhich vvere your ovvn , leaving them still at their stages end , and taking fresh ones ; one vvhile none but barkley legg and ashburnham must serve your turne , and the king must either be brought in , or it must be thought so , soon after , vvhen his head comes to be cut off , the levellers must when that is well over , the presbyterian must be courted till the war of scotland be ended , and their nest fired ; next to this an expedient in religion must be thought upon , and a committee for propagation appointed , into which , as into the ark , all kind of creatures must enter , soone after this blackfriers men must be incouraged to cry this downe , and the parliament too , for going on too fast with it , and for not reforming the laws , till at length they being preach'd ripe for destruction , the members of parliament must be removed , and such honest godlie persons chosen to succeed them , as may make the people forget monarchie ; but these are presentlie cashiered too , for endeavouring to perform what they were called for , as if they had been summoned onlie to beat a commonwealth out of the pit , and serve for a foil for the new monarchie ; next , because we have no more varieties of fashions or instruments , we must revert to our monarchical grandees againe , these are now the onlie wise men , for having distrusted you , and foreseen all this , the only firme states men , for sticking to their principles , these must now be called the honest partie , whilst those who were so the last year are stiled factious fellowes , and to make this relish the better , there must be sought out instruments of an inferiour capacitie to the grandees , who never had any other principles then fear and avarice , and who never disdained to be flatterers in any age , i mean divines and lawyers , whom the late fright they were in for tythes and reformation , hath made them now more supple then formerlie ; the first of these must now preach up tyrannie , as much as ever they have done libertie , they who once said the people , or the saints , were the lords annointed , must now recant that doctrine , and say its the lords protector , and must even prostitute the jus divinum of their ordination it self , to an ordinance of your highness , and for the latter , they must make that just and honorable in you , which they thought . treason in the earle of stafford ; those who condemned ship-money , must cry up the monethlie taxes in their circuits and charges , and such who scrupled councel-table orders formerlie , must now sweare to , and judg by such laws , as you can make a dozen in an hour , without the trouble of twice reading or ingrossing , nay , the same persons must be a high court , and hang men for striving to oppose monarchie to day , who yesterday did the same to them who would have brought it in : but my lord , we will have patience to expect the end , it will be that which must give the denomination to all this , which if it terminate in libertie , will be esteemed prudent policy , if in the contrary , it will have another name ; but least your highness should think , that either my selfe , or any honest man here , do place our hopes of a good issue to this business in the next parliament , as you call it , i will presume to disabuse you in that particular , and give you that which i conceive to be the judgement of the world concerning it , at well as mine : first , then my lord , it is understood to be a creature of your will and power , the definition of the places , the qualification of the persons , the summons , and all other incidents belonging unto it , deriving themselves wholly from you , and your assumed office , so that if there be a flaw in the justice of legalitie , of that which is the foundation , what can be hoped for in the superstructure ? it might be objected in the next place , the people having alreadie chosen a parliament , which have not received any formal , ( or as it was once called ) legal determination , could not be in a capacitie to chuse another , because this would seem to grant , that any prevailing violence might , even in that sense of law , dissolve a parliament ; but i leave this as that which comes too neer treason ; another thing which renders the whole scrupellous is , that your highness should think the people fit to have a share in government , and give laws , and yet should make your selfe so far paramount to them at the same time , as to confine them by the instrument and indentures , what power they shall delegate to their trustees , if the original of all just power be in the people , as we have beene taught by the parliament , how comes there to be a jurisdiction superiour to theirs , which must command them what to do with that power , and what instructions to give those who represent them ? but if that doctrine be not true , what need they be disturbed in their harvest work , to chuse and send needless cyphers up to london ? and why cannot you rather , either as you do now , make lawes still with the consent of the major part of seven men , or without it , or else take the paines , as you did latelie , to name the persons , to be summoned your self , this had savoured of much more ingenuitie , and would have made us hope this deplorable estate we are now in , had been to last no longer then till you , with the advice of wise and honest patriots , had been able to frame a moddle of present freedome for us , whereas things standing thus , there are sad apprehensions , that the countenance of a parliament , and not their counsel , is sought for , and that specious pretence to deceive the vulgar are more aimed at and desired , then either the present good of the nation , or any designe of settlement for the future , and reallie what advantage could have been expected from the last parliament , if the king , which called it , had incombred it with an indenture , that they should have power onelie to have secur'd his ends , but not to alter the government , though he had taken them man by man , and murthered them , and doubtless this must be a president for all kings and other usurped powers , which shall succeed in england , to put all their commands , lusts and projects into writing , and deliver them for a lesson to the people at their choice , till they have made their indentures as long as drury house conveyance , till such time as the people of those nations , like the natives under the spaniard in the indies , shall be capable of no other office or imployment , but to summon and bring in their fellows to the mines , and make them slaves ; one advantage more towards tyrannie in this businesse is , that those blocks laid in the way , will discourage many wise and honest patriots , from suffering themselves being elected , and so the credit and reputation of this new junto , will be as small as its authoritie , onelie this will render them somewhat more fit to serve the end for which they are appointed , viz. either to confirm this power as it is , or settle the old royaltie in your line , or else perhaps finde out some mungrell expedient , by which they will seem to retrench some part of this arbirrary soveraignty , and by that means , as much as in them lies , authenticate the rest ; but the truth is , they do perform all that by summoning in ; and not only so , but make all these poor blind people who elect them , to submit themselves to a voluntary slavery , by owning an authority destructive to their freedom , for either those they send , must not attempt to do them any service , or if they do , be perfidious and break their trust , since the only call they can pretend to , is the peoples choice , and even by them they are confused by an instruction to approve this government , and so undoe all that hath been building up towards our libertie for these fourteen years : next my lord , because it is commonly reported here that your highness intends to resign your power , entirely and absolutely into the hands of those men when they are met , i will crave leave to say a word to that , to the end , you may perceive that there are some honest people even in ireland who are undeceived in that point . first then they conceive you may , as well and justly resign it to your council , they being equally your creatures , and then they observe the falacie of leaving those men free , whom you have caused to be bound ere they came there , and with such chaines as you your selfe cannot loosen , no more then a foraigne prince can give an embassador sent from hence authority to negotiate beyond his commission , and those bonds which you have laid upon them are concerning the very essence of our liberty , viz. the government by one person , which you were once so fully perswaded of that you said in your declaration here , that you did believe that god was entering into a contest with kings and priests , and would very suddenly open the eies of the nations , so that within few years , there should not be either left in the whole world . cease then , my lord , to flatter your selfe any longer with an opinion that the well affected people of any of these nations will think any better of your monarchy then they now doe , when you shall seemingly have laid it down to those men who have no power for any thing , but to restore it to you ; and who are besides a product of your own will . a civill army raised by your selfe to handle the estates of your people , as the other perhaps doe their persons when they are purged and fitted to the principles of a turkish empire , and possibly you had this , this thought when you made this modle , that because it was probable ( and it fell out since ) that the most wise and honest part of the gentlemen of england would not suffer themselves to be perswaded to come into your council , nor own your govenment , therefore you would make the people of that nation your lictors , who should send you four hundred men bound hand and foot to perform your commands , and who should have power to tax , poll , and oppresse them , but not the least shadow of any to relieve them : and here i cannot chose but touch at one thing often alledged ; and it is , that if you do rightly and duly administer justice , the nation will be happy that you tooke this power , for it matters not who governs so they govern well , for my part i wholly dissent from , and detest this opinion , and do conceive it to have been invented first by some lawyer or other flatterer , meerly to satiate their present apostacy , for if it will be granted that there is in the most pure and incorrupt part of mankind , a natural instinct or inclination to liberty in government ( which is for ought i know ) the only thing that distinguishes them from beasts for that the creature hath no reason , or no religion , cannot infallibly be said by us as it can , that they never attempt to rule themselves by lawes but suffer a monarchy over them , to be either in the strongest of themselves , or in us , without ever attempting to assert their freedom ) then it will likewise be confest that it is a vile and an unnatural passion in us which makes us prefer estate , much more a little quiet or ease , before that liberty which is so essential to us , and for this i have the example of all those excellent persons and nations whom their own hazards and adventures in this behalf have styled so in the universal esteem of all mankind ; indeed if the contrary to this were true , it would follow as mr. goodwin holds , that any person who believeth in his conscience that he could govern better then others do , might , nay is bound to use all means to attain to power , and acquire the government , the consequence of which will be that if any man will call his ambition conscience , no known laws , no constitution of estate , no common right , in fine nothing divine or humane ought to stand in this way . i dare go yet farther and affirm that nothing can be more pernitious to these nations at this present , then for you to govern well , for it would palliate the assumed power , and so hide it from the just indignation of this age , and prove like the guilding of poysonous pills , or painting of sepulchers , and be a bribing us out of our rights and liberties with a seeming justice , nothing but this can iull asleep so many patriots , who have been often awakened with drums and trumpets , to adventure their lives against a tyrant ; neither indeed could any other thing then the just and happy reign of augustus caesar , have given the last defeat to the roman liberty , or made way for those monsters who succeeded . you see then my lord what a businesse you have undertaken , when you have made it the interest of honest men to wish that you may commit all excesses , and use more violence , break more laws and ties , in carrying on this arbitrary soveraignty then you have done in the assuming of it . my lord , i beseech your highnesse to pardon the length of this letter , which could not well have been made shorter , for that the intention thereof is to evince , first , that to continue this present government upon us or any thing like it , would be most injurious in you , not onely because it is most contrary to your own trust and oathes but even against common right and justice , and in the next place that there is no necessity of a new erected royalty , the nature and condition of those nations being so proportionable to a commonwealth that we are no way fit to receive any other form , but by an outward force and violence , besides that we have spent our blood and fortunes for it , and in the last place to shew that we are not easily deluded into a belief , that either the next assembly or any expediencies that arise from thence have any right or likelihood to mend our conditions ; i shall next give your highnesse a short account of my self , and then humbly take my leave . i took up armes with the first in the quarrel of the parliament , not as a mercinary , as not having before my eyes the temptation of my masters pay or the spoile of their enemies , but purely and solely out of a conscientious desire to free my nation from slavery and oppression , and having confirmed my judgement in this , i did examine my zeal and resolution , and believed it had enough of both to hazard my self , for such a cause ; in which expectation i thank the lord , i have not yet found my self deceived ; how i have behaved my self since i came under your command , it would seem vanity for me to relate , if my former and present usage did not make it necessary for me to say that for my justification , which i should never have said for boasting ; this excuse makes me bold to lay before you some of my services , as wel as my personal discouragements : your highness may please to remember , ( here some particulars are left out which would detect the person who wrote the letter ) notwithstanding all which i am yet satisfied to go on with my imployment here , and to be faithful in it , as being for the advancement of the common cause and against the common enemy , and yet if i were assured that you did intend to perpetuate upon us this slavery ( after you had disolved the parliament , for an imputation of endeavoring to perpetuate themselves ) i should have many scruples against serving you in scotland , whither we are very lyable to be transported ; for what reason is there that we should not give them leaves to be governed by their native king , and whom they had received by their parliament ? and at the same time seeke to impose upon them by force another prince of our nation , whom we had chosen for them , or rather had chosen himself , what can you think my lord the just god , who hath been used to deside upon appeales would do in this quarrel , if they should have recourse to him with faith and prayer ? alas my lord you do not consider how much these thoughts do weaken the hands and hearts of those poor righteous and precious souls , who are yet left in the army and who poure forth their tears and prayers daily before the lord on your behalf , that you may find mercy in this day of your temptation , that so they may not be traduced to have slain so many men as bravoes to your designes , and that you would make use of the great power you are now possest of to settle and transmit to succeeding ages a state of lasting freedome which a small trouble and force would accomplish , whereas this government must be eternally supported by violence , no unnaturall things being permanent without it , or if this cannot be , their prayers and desires are that you would summon a free unlimitted parliament ( consisting of such that have not forfeited their liberties ) not bound or fettered by indentures , and devesting your selfe of all power and command , you would leave the whole sway & government to them , and swear the army to obey them , by this means the nation would either enjoy their liberty , or have the choice & imposition of their own yoak ; nor is there any reason except you will do one of these , upon which you can excuse the dismission of the parliament , for that it was within their power and design to make indentures in the behalf of liberty , which would have had an unquestionable authority as well as a more noble end , then those you have compelled for the contrary ; if you shall wholly refuse all things of this kinde , and obstinately resolve to goe forward in your way you now take , you will want the hands , hearts and prayers of all gods people in these nations ; and though the principles of some of them may not give leave as private men to make you any further opposition , yet they will wash their own hands , and deliver their own souls , and beseech the just god of heaven and earth , who hath appeared so visibly and miraculously for this cause of freedom , and whom no hypocrosie can deceive , no false oathes , nor teares prevaile upon to judge between you and these poor oppressed and deluded people , but if yet you shall answer their hungry expectations of liberty ; you will give glory to god , increase to his church , flock and religion , which hath been grievously dishonoured by those actions , immortall fame to your self , safty to your posterity , happiness to mankinde , and will have the lives of many thousands intirely at your service and command , and amongst the rest that of waterford this iune . your most humble and most faithful servant r. g. postscript . reader , that this letter should not be exposed to publique view so long after the date thereof , i hope will not possess thee with any prejudice against it the honesty and reason of the tract and faithfulnesse of the author to that good old principle of common justice , equity and liberty , secured in the most noble form of government , viz. the peoples representative may commend it to thee , indeed that hath been the axletree of the cause which god so signally blessed us in , and since it was broken ( although upon pretence of going faster on in the obtaining of our liberties ) hath blasted us , wherein that saying is verified melius in via claudicare quam extra viam currere . it was the design of the old , so it is of the new court , to estrange the people from , and work them out of love with parliaments , many honest well meaning men being too much led away with that mistake . the author mentioneth his fear of the last representative not of their judgement in , & affection to the publique cause of liberty , but by reason of that restriction in the indenture framed to serve the intrest of the present protector . but indeed the gentlemen deserve an honourable esteem from all english men , who though they could not do the good desired by us , and doubtlesse intended by them , yet would not do us the evil ( which a powerful party endeavoured to court and threaten them unto ) in perpetuating by any act of theirs our vassalage to the present grandees , or revoke those acts which maketh it treason for any single person to assume the supream magistracy . i shall only adde this as the earnestly desire of myself and of many who are friends to the good old cause , that the lord would be pleased to guide us in the attayning of a free representative , which may assert our liberties , and secure them to posterity , which will be a glorious answer to the faith , prayer , expence of blood and treasure , both of the godly and likewise of the rest of the freeborn people of england who have been faithful to the common cause of justice and liberty . finis . by the protector. a proclamation declaring that after the first day of august next no further use be made of any letters of marque, or reprisal, granting unto any private person. proclamations. - - england and wales. lord protector ( - : o. cromwell) this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing c thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ; : ) by the protector. a proclamation declaring that after the first day of august next no further use be made of any letters of marque, or reprisal, granting unto any private person. proclamations. - - england and wales. lord protector ( - : o. cromwell) sheet ([ ] p.) printed by henry hills and john field, printers to his highness, london : mdclv. [ ] "given at white-hall this . day of july ." arms ; steele notation: o- that ) sun- as. reproduction of originals in: british library; society of antiquaries of london library. eng great britain -- history -- commonwealth and protectorate, - -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no by the protector. a proclamation declaring that after the first day of august next, no further use be made of any letters of marque, or repr england and wales. lord protector f the rate of defects per , words puts this text in the f category of texts with or more defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion o blazon or coat of arms incorporating the commonwealth flag ( - ) p ❧ by the protector . a proclamation declaring that after the first day of august next , no further use be made of any letters of marque , or reprisal , granted unto any private person . whereas heretofore , upon complaint of divers merchants , and other people of this common-wealth , that their ships , goods , and merchandizes had been taken , and robbed at sea , and their persons deteined , and made prisoners , and iustice being sought that restitution and reparation might be had and made by the power and authority of that nation , whose subjects had committed such depredations , and piracies , and no relief in such way being obtained , thereupon such persons so spoiled became suitors unto this state for letters of marque , and reprisal , against the subjects of that state , who had committed such violence , and unlawfull acts upon them , to the end that thereby they might in some measure , make satisfaction unto themselves , for the prejudice , and damage they had sustained ; and such letters and commissions having been accordingly granted , for some time , such use was made , as that thereby the enemies of this state were in part weakned , and the people who had sustained damage were in a great measure repaired , or satisfied . but his highness being now certainly informed , that sundry persons ( perverting the true ends , and purposes for which such licenses and commissions were granted ) do , under colour , and by pretence of such their commission , seize the ships , and vessels , of the people of such princes , and states , as are in amity with his highness , which may put discouragement , and disturbance upon trade , to the great damage , and dishonour of his highness , and the commonwealth : his highness thereupon , duly considering the premisses , and finding that the ordinary proceedings held of late times for suppressing of their enormities , and offences , hath not wrought a reformation therein ; hath ( with the advice of his council ) in his care to preserve the iustice and commerce of this common-wealth , and to take away all occasions that may discourage or interrupt trade , thought fit to publish , and doth hereby declare , that for the immediate prevention , or severe punishment hereafter of such misdemeanours , all letters of marque , or reprisal , licenses or commissions granted unto , or obtained by , any private person or persons upon pretence , or by reason of any loss , or damage supposed to be susteined by such person or persons , or upon any other ground , or pretence whatsoever , shall from , and after the first day of august in the year of our lord one thousand six hundred fifty five , be no longer ●r further made use of , but the same are hereby revoked , and declared from the said first day of august to be void , and of no effect . and his highness further pleasure is , that whatsoever ships , or goods shall , after the said first day of august , be taken by any private person o● persons by colour of any such letter of marque or reprisal , licence , or commission whatsoever , the same shall be forthwith sequestred from the takers , to the use of the true proprietaries , and shall be restored unto them , upon the first claims and proofs of their properties , without any long or chargeable suit of law . and the persons , that shall so take the same , shall be reputed , and taken as pirates , and both they , and all their accessaries ▪ maintainers , comforters , abettors , and partakers shall suffer death , as pirates , and accessaries to piracie , with confiscation of a●l their lands , and goods according to the ancient laws of this nation . and his highness doth hereby will , and require all the officers of the admiralty to see this porclamation duly execut●d ; and all other officers of this commonwealth , to give their best assistance to the officers of t●e admiralty , for the better execution thereof , as they , and every of them , failing therein , will an●wer the contrary at their peril . given at white-hall this . day of j●ly . london , printed by henry hills and john field , printers to his highness , mdclv . aulicus his hue and cry sent forth after britanicus, vvho is generally reported to be a lost man. cheynell, francis, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing c thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) aulicus his hue and cry sent forth after britanicus, vvho is generally reported to be a lost man. cheynell, francis, - . [ ], p. [bernard alsop?], london: : printed in the dismall year of britanicus. . attributed to francis cheynell. "printed by bernard alsop"--thomason catalogue. annotation on thomason copy: "aug: th". reproduction of the original in the british library. eng great britain -- history -- civil war, - -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason e _ ). civilwar no aulicus his hue and cry sent forth after britanicus,: vvho is generally reported to be a lost man. cheynell, francis b the rate of defects per , words puts this text in the b category of texts with fewer than defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - jonathan blaney sampled and proofread - jonathan blaney text and markup reviewed and edited - pfs batch review (qc) and xml conversion aulicus his hve and cry sent forth after britanicvs , vvho is generally reported to be a lost man . depiction of mercury london , printed in the dismall yeare of britanicus . . avlicvs his hue and cry sent forth after britanicvs , who is generally reported to be a lost man . oyez , oyez , oyez . if there be any person or persons that can tell any tidings of a petty penny clerke , sometime a writer of writs for a penny a dozen , who hath forgot his owne name , and hath a long time answered to the name of britanicus ; hee is a man of a low stature full set , blacke haire , hollow-hearted , empty scull'd , barren of invention a lover of basenesse , void of grace , and lastly , a traytor to his king : bring newes to aulicus and expect a reward . a porter . mr. aulicus , i am very glad it was my fortune to come by , for i can tell you tidings of the man you seeke for . aulicus . sayest thou so ? ( honest fellow ) i rejoyce much to heare thee , and be thou well assured thou shalt not goe unrewarded . porter . tush sir i expect no reward , i desire ( rather ) to see him and all such poyson-breathing vipers made hawks meat . aulicus . honest porter i love thee , for thou speakest like a good subject , but where shall i finde this limb of lucifer ? porter . sir if you please to walke with me to westminster , you shall there obtaine your wished will . aulicus . is he so neare ifaith ? come let us hasten thither , and as we walke we may discourse further of him . porter . i wait your leisure sir . aulicus . come then let us goe . o how cheerfully i walke , me thinkes i flye , i am not sensible of my steps , not any paine , i take , to thinke what a greeting wee shall have when wee meet . porter . i sir , i thinke the sight of you will please him well , and be as welcome to him as a saddle to a gall'd horse back . aulicus . observe that when we come together . but all this while art thou not mistaken ? dost thou not take one man for another ? art thou sure it is he ? porter . o sir make you no doubt of that . i know him full wel , and can describe him by many remarkable signes and tokens which you have not mentioned in your hue and cry . i know what habit he weares , and where he bought it , the outside of his doubles is black sattin , and i 'me sure it is not long since one of his skirts was lin'd with a brokers bill : o how his cloathes smell of long lane ! aulicus . well porter , thou art a merry blade and i like thy humour well , prethee speake on , what knowest thou more of him ? porter . marry sir i know that there is a great lamantation made for the losse of him at many tavernes in the city , especially at the mere-maid in cheapeside , for they have lost a sweet customer of him . but though masters of many tavernes mourne for the losse of him , yet the drawers rejoyce ; for now they take their rest , and sleepe their fill , that were wont to fit up and wait on him at unseasonable houres , now the young knaves can goe to bed and dreame of their wenches . aulicus . ifaith porter thou makest me laugh , thou art a companion for a lord . porter . nay sir seeing my discourse pleaseth you so well , i will tell you one story more of him , and wherein i my selfe have had a losse , for many a shilling and many a cup of sacke was i wont to get for carrying of him home when the frenchman and the spaniard were at barly breake in his belly : with many other passages of such like vertues : but i cannot at this time proceed , for we are now in sight of his lodging , i will therefore at present cease my discourse , and after conducting you to his chamber i leave you and him to your foresaid greeting and salutation . aulicus . how now britanicus , what make you here ? is this your lodging ? have you changed your habitation ? prethee answer me : i am aulicus thy friend : why art thou so sad ? hold up thy head , art thou not well ? britan. no . aulicus . indeed many report that thou art very ill . where lyes thy griefe ? looke upon me , cheere up thy drooping spirit , thou pretty foole : hold up thy empty bottle , and shew thy brazen , thy rebellious face . hast thou lost all thy understanding ? is thy invention growne barren and thy braines turn'd to froth ? hadst thou no other matter to write upon ? couldst thou spue out thy venome on none but the king ? thou foole britanicus , thou asse , thou drunkard , thou sot , thou knave britanicus , couldst thou expect gaine or applause for thy so foolish and so wicked study ? o ●…ne britanicus , o brave britanicus , a rope for britanicus . well as ill as i love thee : i wish thee to change thy lodging , the ayre doth not agree with thy constitution : i doe not like thy lookes , i thinke thou wilt not live long : london ayre agrees best with thee : leave this close place , and remove to newgate-market , there is a fresh ayre , and a fayre strong house , where thou mayst take thy swing and not be tyed to this close inconvenience . there will also many benefits arise : for twice every weeke the sheriffes of london send in a plentifull basket full fraught with capons legs , and other delicates , and in time thou maist be partaker of that also . leave then this place of little-ease and repaire thither : forsake this settle-bed i say , for there thy bed shall be new corded , and skiffull gregory is appointed for that purpose . and when thou hast occasion to tide a journey , he will closely attend thee , and be thy officious servant till death . but when thou takest thy journey to oxford , leave paddington if thou canst for there stands a scurvie triangular stop in thy way , which will hinder thy proceedings . besides i know thou lovest a cup of good liquor , and that roade will not afford it ; and i can prove by severall examples that many a passenger that hath travelled that way , have for want of drinke and somewhat else beene choaked . hearken therefore to my admonition for good counsell cannot hurt thee . now if all this be not sufficient to disswade thee from that roade , take thy owne course : but so well i love thee that if thou give me notice of thy journey , i will bring thee so far on thy way and there leave thee . but before we part , prophesie when that day shall be , if thou retainest still thy prophetick spirit . no , no , britanicus thou canst not , thou hast already shewed thy selfe to be a false prophet and art come basely off . where are the effects of thy divination ? what one thing hath happened agreeing with thy presige of the nobility , and divers others ? and amongst the rest i poore aulicus had many a jerke : me thinkes ( quoth he ) i already see aulicus in ely house . but see how this prophet is mistaken i 'me sure i see britanicus in the gate-house . i am not in pound yet sirrah . thou a prophet , thou a hang-dog , the most thou canst make thy selfe to be , is but a fortune-teller , begotten by a juggler upon an egyptian witch . what sayst thou mungrel ? can'st deny it ? britan. no . aul. well said , now thou deservest commendation , because that thou speakest the truth i will therefore reason with thee a little further , and i prethee answer me : what is become of thy white printer ? hast thou seene him of late ? britan. no . aul. why i can tell thee where he is , but i am loath to encrease thy griefe , yet i will tel thee for thy case and mine ( in that point ) are much alike : well i can hold no longer , but with a grieved heart and watery eyes i tell thee , that hee and my friend royston are bed-fellowes in the fleet ; come let us comfort one another , let us not grieve too much for them : why should we shew more love to them then to our selves ? hang them , let them goe : and i doe earnestly perswade thee to hang thy selfe also , for feare thou come to a worse end . vvhat saist thou britanicus ? dost thou think thou shalt die a better death ? britan. no . aul. then this is my last request unto thee , prophesie of thy selfe as thou hast done of others , and then goe hang thy selfe when thou wilt . so farewell britanicus . postscript . what now britanicus , dost thou in thy vindication vomit out thy poysoned crocodile teares in slanders , to brand those that are not of thy disposition , in terming them to be malignants ? thou half-headed pesant , i would have thee know they have to their powers , and doe what lyes in them for the generall good of the parliament and kingdome , and will to the hazard of their lives and fortunes , and yet not endure thy base abusing his maiesty . i wonder that the parliament does not take some course against thy folly . first thou callest them malignants , i grant rebell , and who does punish thee but the parliament then in glorying in the name of royallist , wherein thou slanderest many thousands who are good friends to the state and kingdome ? then thou sayest thou doest not intend to iustifie thy selfe . no thou needest not , but sue rather to the parliament with a two peny halter about thy necke , and that is the best counsell i can give thee . and for thy paines thou takes in setting out thy pamphlet , what was thy aime britanious ? i tell thee onely thy profit : and for doing the state service , as thou cals it , i beleeue it hath beene to set the kingdome together by the eares . and for thy addresse to the parliament , implore them for some time of repentance and cry not , for they know thou art a slandring knave , and so adieu britanicus . finis . notes, typically marginal, from the original text notes for div a e- the gate house at westminster . the secret history of white-hall, from the restoration of charles ii down to the abdication of the late k. james writ at the request of a noble lord, and conveyed to him in letters, by ̲̲̲late secretary-interpreter to the marquess of louvois, who by that means had the perusal of all the private minutes between england and france for many years : the whole consisting of secret memoirs, which have hitherto lain conceal'd, as not being discoverable by any other hand / publish'd from the original papers, by d. jones, gent. jones, d. (david), fl. - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing j estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the secret history of white-hall, from the restoration of charles ii down to the abdication of the late k. james writ at the request of a noble lord, and conveyed to him in letters, by ̲̲̲late secretary-interpreter to the marquess of louvois, who by that means had the perusal of all the private minutes between england and france for many years : the whole consisting of secret memoirs, which have hitherto lain conceal'd, as not being discoverable by any other hand / publish'd from the original papers, by d. jones, gent. jones, d. (david), fl. - . [ ], , , , , , p. printed, and are to be sold by r. baldwin, london : . reproduction of original in union theological seminary library, new york. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng great britain -- history -- restoration, - . great britain -- politics and government -- - . - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion the se●●●t history of white-hall , from the restoration of charles ii. down to the abdication of the late k. james . writ at the request of a noble lord , and conveyed to him in letters , by — late secretary-interpreter to the marquess of louvois , who by that means had the perusal of all the private minutes between england and france for many years . the whole consisting of secret memoirs , which have hitherto lain conceal'd , as not being discoverable by any other hand . publish'd from the original papers . by d. jones , gent. london , printed , and are to be sold by r. baldwin near the oxford-arms inn in warwick-lane . mdcxcvii . the preface . i do not question but the reader will expect somewhat should be premised , by way of satisfaction , to such scruples as may be suggested in general , concerning the authentickness of the ensuing letters ; which , as i conceive , they are reducible to the following heads , viz. an account of the author , and the means whereby he got his intelligence ; the verity of the matters related ; the nature of the correspondence ; and what part the methodizer has had in the undertaking ; so i shall endeavour to give as distinct and satisfactory a solution of each particular , as may reasonably be expected from me , or the circumstance of the things will justly admit of . first then for the author , and his intelligence : the first time he went over into france was in the year , where he had not stay'd above a year , but that the place of general commis , or clark of the dispatches , and particular commis interpreter to that great french minister of state , the marquess de louvois , for the affairs relating to our three kingdoms , falling vacant by the death of one mr. kilpatrick , a scotchman ' s son , that same imployment was conferred by him upon a frenchman , a favourite of his , named belou ; who understanding no english , and therefore not being able to manage the affair without an english man , our author was recommended to him for that service ( as he hints in his first letter ) which yet you are to note by the way , was not the first he writ from that country , to that noble person he corresponded with , and to whom he was previously engaged to transmit all the intelligence he could learn of the proceedings of the french court , before he entred upon the said imployment , ( but they being not very material , he took no care to reserve the transcripts by him ) and continued to be interpreter of the english tongue till after the time of our grand revolution , when he came over into england ; where his stay was not long , but that he was imployed by the same noble person to return into france again , where the dangerous part he was to act may be better conceived than now exprest , but concerning which you may hear more hereafter . it s no hard matter to imagine what qualifications were necessary to recommend our author to the imployment afore noted , and how far his out-side must differ from his in-side during his aboad there , which together with that part which he has acted in that kingdom , since his present majesty king william ' s accession to the throne , and that he knows not how soon he may still be engaged to return ( though he be at present in london ) are reasons of themselves , without superadding any other , of the many that might be produced , more than sufficient for the suppression of his name , and of my being engaged in the work ; which yet rather than truth should suffer , i am satisfied he will be as forward to render , as well known to the world , as 't is to that noble person who has imployed him . i am of opinion , the reader will be much better perswaded of the verity of the facts , as well as much more pleased with the new discoveries of state-mysteries he will meet with here , by the perusal of the work himself , than by any thing i can pretend to say in the defence of the one , or the commendations of the other ; and were it not to obviate a vulgar error and objection that i foresee would be made upon this subject , that all that could be writ has been written already , concerning the late reigns , i should dismiss it ; but now i am necessitated not to single out , but promiscuously to call to mind a few heads ( for to make an enumeration of all the remarkable particulars were to run through the contents of every individual letter ) and to ask the objector , where it is he meets with an exact account of the private league between king charles the second , and the french king ; the duke of york ' s secret correspondence with that court ; coleman ' s interventien with both for his own advantage ; the interest the french made both in england and holland among the several sects and parties of men , to prevent the late queen's being married to his present majesty : the methods concerted to trapan her into france with her father's concurrence , and how prevented ; father st. germain's attempting king charles the second in his religion , with the king's answer , &c. his unseasonable boasting of it , the occasion of his flight into france , and the censure he underwent from those of his order for it ; coleman ' s wife's petition to the french king , the answer , and her destroying her self ; monsieur le tellier ' s speech about the invasion of england ; the duke of york his pervertion to the church of rome ; king james his private league with france , when regnant ; the essay made by don ronquillo , the spanish ambassador , to draw him into the austrian interest , with his answer , and refusal , in savour of france ; how father petre came to be made a privy councellor ; wherefore mr. skelton was imprisoned in the tower , &c. which , to name no more , though the rest are of equal curiosity , as they had , in all likelihood , been for ever buried in the profoundest oblivion , had not the fate and address of this gentleman led him to fetch them out of the dark , and almost inscrutable recesses of the french cabinet-minutes , so the reader will find they carry so much evidence of truth with them , not only by the connexion they have with many material passages in sir william temple ' s memoirs , mr. coke ' s detection of the court and state of england during the four last reigns , &c. but by so natural an unfolding of what is obscurely , or but transiently hinted at by those learned authors , who could not see beyond their light ; and yet so remote from those scurrulities , as well as inconsistencies , to say no worse , which occur in some other pieces of the same reigns , that it were a crime to make any farther apology for them : yet it may be noted by the way , that this same doth evince the necessity of this supplemental part , as well for the detecting of past falsities , as for the perfecting of past discoveries : and 't is hoped no body will quarrel , that this piece which is entituled by the name of a secret history , &c. should be written in an epistolary way , when it be considered that such a form was indispensibly necessary under the circumstances of the author , and his noble correspondent , and that there is a very engaging part naturally couched under such a method of bringing state-arcana's to light , by way of letters , which , in the very notion of them carry something of secrecy ; though after all , the reader cannot but observe an air of history to run , in a manner , through the whole composition ; but whether arising from the mode of those minutes from whence our author drew his intelligence , or from his own natural genius , or partly from both , is , i confess a question i never asked him , neither do i think the determination of it of any great consideration . as to the nature and manner how this correspondence was managed , the inquirer may take notice that the conveyance was not so difficult ; for the post , during all the time these letters were continued , was free between both nations , though he is also to observe , that some of them occasionally for fear of interception were written in cyphers , which i retain by me , as i do the rest of the original papers , for my own and the worlds satisfaction : but for the method pursued by him , during the present reign , it will then be time enough to give such hints thereof as in prudence shall be esteemed safe and necessary . but though the station this learned gentleman was in , did , together with his own industry and curiosity , entitle him to the vast discoveries made in these letters ; yet the ticklishness of his circumstances , and the fears of being surprized , together with a natural tendency that is in mankind , to take notice of present rather than past occurrencies , would not admit of a continued succession of writing matters of fact as they have fallen out in order of time ; which as it is a most convincing reason of so many inverted and promiscuous dates , so it has introduced the methodizer : first , under a necessity of frequently altering the prefatory and conclusive parts of the letters , and then of making up some small breaches , which under the forementioned circumstances must necessarily happen , and which yet are grounded upon the most irrefragable authorities , that there might be a connection between the several parts , and the history appear entire , and all of a piece . and it could not be thought ungrateful to our reader to have the contents inserted before every letter , with the observation of the years , so far as was needful , when each matter was transacted , whereof there neither was a necessity for the author to observe to that noble lord to whom he was the intelligencer , who is too great a critick in history to need it , unless it were upon some very special occasions ; neither indeed would the promiscuous way of writing , which the stinted opportunities , he was under , forced to him , admit well of it ; especially when these papers at the first taking of them were not designed to be made publick . though his own curtosity led him to keep copies of whatever he writ that was material , then which nothing is more common with persons under the like circumstances ; the many letters and memoirs that have from time to time appeared in the world , being a convincing proof hereof ; and without which method it had been impossible to have transmitted to posterity the thousandth part of what the world has been obliged with , in things of that kind . it s true there are some letters to be met with now and then in the course of this correspondence , which , at first sight , may seem to be foreign , and have little or no relation to the main subject ; but besides that there are few or none without some sort of connexion , and do not in one degree or other interfere with the british affairs , they are so much an imbellishment to those parts they fill up , as not to merit so severe a censure , as to undergo the fate of being castrated . and here is a spacious field before me , were it adviseable , or any ways necessary , to descant upon the excellency and usefullness of these discoveries which are wholly new ; but i shall wave that , and only observe ; that there is no one party , or sect of men in england , much less the court exempted , but may draw very seasonable informations , and no less timous instructions herefrom , seeing they have all of them , in their respective turns , though many quite against their knowledge , been imposed upon by french emissaries , and made tools of to serve the interest of france , to the prejudice of themselves , and of their own country ; and how far the same emissaries , though under different shapes , according to time and occasion , have prevailed to nourish and perpetuate those intestine feuds , and cruel animosities which they formerly sowed amongst us , during the present reign , will in part , among other surpri●ing secrets , be the subject matter of the next volume , which will be continued down to the present year , and which i could not forbear mentioning upon this occasion , though it comes in by way of anticipation . d. jones . from my house in clerkenwell , nov. th . . letter i. of the author's being introduced to the place of interpreter of the english tongue , &c. my lord , i am not so pleased with my preferment of being made interpreter for the english affairs , to the principal commis or clark of the dispatches under the marquess de louvois , to which employment i have been lately admitted , as i am with the thoughts of the opportunity i shall have to serve your lordship , with much better intelligence than hitherto my circumstances would admit of ; most of my time , since my admission into the ●aid office , has been taken up in inspecting into mr. kil-patrick's method , who was predecessor to the person to whom i am interpreter , and i have under my hands all his papers and minutes for near twenty years backward ; whereby i do not question , but i may in time give your honour much light into the intrigues of the ministers of state in this kingdom , and the maxims they have and do go upon , for the producing such accidents and revolutions in their neighbour-nations , and especially in our kingdoms , as may favour the aspiring endeavours of this court towards an universal monarchy , and obviate all such cross events as may fall out contrary to their designs ; i have seen some strange things already , in relation to our country , contrived and agitated by them , but my business requires so much attendance from me at present , and the minuting out of any thing but what belongs to the service of the office , requires so much circumspection and privacy , that i durst not hitherto venture upon any such thing ; but i hope a little time will put me into a freedom of circumstance , that may in some measure be answerable to my readiness to serve you , and make appear how much i am , my lord , your lordship 's most humble servant . paris , ian. . . n. st. letter ii. of the opposition made by the french ministers of state to k. charles iid's restoration , with their answers to the queen-mother's resentments thereupon . my lord , according to the expectation i may have raised in your lordship by my last , of some notable intelligence from me , i am to acquaint you with what perhaps you will hardly believe ; that this court , considering the near alliance between the burbonian and english royal family , should as much as once think to obstruct the king's restauration to the throne of his ancestors : but for my part , i clearly find there is neither father , brother , nor cousin , between kings and kingdoms , and that france used the utmost of her policy , at that time , to keep us embroiled at home , while she might have her hands loose to play her game abroad ; but because i conceive it may not be ungrateful to your lordship , to understand what those stratagems were , which they own themselves to have practised upon that occasion , i shall briefly hint them unto you , as i find them entred here in their cabinet-minutes ; monsieur bourdea●x was then their ordinary embassador at london , whose instructions were , both by himself and several other emissaries which they had there , to raise all the jealousies imaginable in the several factions of monk and his adherents , and at the same time to make overtures to monk , to assume oliver's post and power ; urging with great vehemency that he might with much more justice and security do it , as having ( what the other had not ) a president before him ; but tho' that general refused the proposal , and was proof against all their attacks of that kind , saying , he would not split his family upon that rock against which the cromwell's had dasht , but would wave all ambitious projects of his own grandure , that were indirect , and pursue only those that consisted with his countreys good ; and that they saw at last it was in vain to attempt the union of the stronger factions at home , either against monk , or the king's restoration ; they resolved to try what might be done abroad to work them into a temper , and therefore to raise jealousies in them from their neighbours , they did in march . defile several battalions of foot towards calais , giving out at the same time , that their design was to besiege dunkirk in conjunction with the spanish forces ; and that after the place was taken by them , it was to be delivered up to the spaniards , pursuant to an agreement made between them , that the latter had consented to give up cambray , and some other places , to the french in lieu of it ; at which proceedings of theirs , the queen-mother then in france taking the alarm , she briskly remonstrated unto them the unnatural part they acted , considering the near ties of blood in her person between the royal families of france and england , and how dishonourable it was to oppose the restitution of a prince , which they were bound to promote even by arms , tho' he had been no ways allied to them : but she was answered , that there were many reasons of state which superceded all those scruples ; that for her part , she might be assured , she should be as well provided for as otherwise ; that it was not safe for her son to be brought in purely by his own subjects ; but that if they both would have a little patience , they did not question but they had taken such methods so to embroil and weaken england , that there would be quickly room enough for the french king to bring him in , in a much more glorious manner , so as that he might be absolute master of his subjects , and have his royal authority no more to depend upon the fickle and changeable temper of a perfidious nation , nor be in danger to receive any check from parliaments , that would sooner or latter prove factious and dangerous to his state ; that it was visible the spaniards had a great hand in promoting such a revolution in england , and therefore they desired her to consider how dishonourable it would be to the house of bourbon to suffer it ; and how dangerous such a conjunction of england and spain ( which would naturally follow ) against them would be , she her self might judge ; and that therefore since a little patience would infallibly retrieve the whole game to their interest , and much more to her satisfaction , they could do no less than pursue the methods they had taken , and make both her and her son happy , tho' it were against their wills ; that she was much in the wrong to judge of things by present appearances , that they were assured , however matters might be concealed from her , the conditions proposed to the king her son by his subjects , were little to her satisfaction , when they imported no less , than that her two younger sons ( of the elder of whom she had conceived greatest hopes ) and her self , must never set footing on english ground , and that the king himself must marry a protestant heretick , and suffer no roman catholick to live in his dominions . but when they found all their politicks had failed them , and that the king was restored in spight of them , according to his hearts content , they afterwards fell upon other stratagems , put in due time in execution to work upon his easie nature , and to render his power more serviceable than hurtful to their designs , tho' the king , ( who was yet sensible of the injuries done him ) upon his arrival in england ordered bourdeux to withdraw out of his dominions ; this is the substance of what i find entred here , in reference to this particular , and all i have now to communicate , which , if i find it relish with your lordship , i shall not fail to lay hold of all occasions to demonstrate how much i am , my lord , your lordship 's most humble , &c. paris , feb. . . n. st. letter iii. of several matches proposed to king charles the second , by the french court , with his answers and rejection of the same . my lord , it 's not unknown to your lordship , that one topick in the french politicks has been now for many years , to bring their neighbour princes into their interests , by procuring them wives ; and the french women have had an excellent faculty to bring over their husbands into the gallican noose , tho' apparently to the hazard of themselves , and their own state ; so that quite failing in their end to obstruct the king's restoration , they now attempted to entrap him with a wife ; i understand there were several french matches proposed to him during his exile , and among others a great lady , whose name i cannot now remember , who had like to have been afterward married to the prince of conde , and whom the king hotly courted when in france ; but because he was refused by her then , he in his turn refused her when restored ; tho' in reality such a proffer on their part , was no more than to sound his disposition towards marrying a french woman in general ; for if he had consented to have taken this lady to wife , the french court would not have suffered it , because she was a martial lady , and of the contrary faction to them at paris : a second was their then madamoisell d' orleans , the french king's aunt , which match agreed very well both with her and king charles's inclination ; and the king seemed forward to press it ; but it was not so with the french court , who by their artifices put it by , as remembring likewise her martial temper , and what she had done , when with her own hands she had fired off the guns of the bastile against the king's party in the wars of paris , and how hotly she abetted the party that stood up against the king's legitimacy ; for they looked upon her still with a jealous eye , as thinking her yet full of resentment , and that she would put our king in a martial mood , cause him to renew the old pretensions to france , and to abet the princes that might have been disposed to renew the dispute of the french king's illegitimacy , and to advance their own title to that crown ; or at least-wise , that she would put king charles upon thwarting in all things , whatever might promote the grandure of lewis xivth . nay , so great was their fear of that ladies issue , by any person whatsoever , that after they had treacherously sham'd her into a clandestine match with the count d' lauzun , to hinder her matching with any greater person ; they likewise took care she should have no issue , even by him , by keeping of him in prison , and never suffering them to come together again till they were both past children : the third person i find proposed , and that in earnest , was cardinal mazarine's niece hortensia , a match of which the french court were very fond , and such as was every way agreeable to their gusto : the cardinal , besides many other sophistical addresses to bring the business to bear , got the hook baited with the appearance of a great stock of beauty , besides the tender of a vast sum of money to boot : he took care also to have it rumoured abroad , that such a match was not only in agitation , but in a fair way to be accomplished , all which 't was believed might have done the feat , but that it having been unluckily rumoured abroad , that she had paid her first fruits already to the french king , k. c. said , he would not be content with her upon the second hand : however it were , the reasons transmitted to the french court , why such an advantageous offer was rejected by our king , were , . because her unkle had so ungenerously opposed his restoration , and used him so contemptuously at the treaty of the pyrenees . . because that alliance could be of no advantage to him , but by a little present money , and would besides raise jealousies in his people against him , for which the day was yet too early ; so that seeing they found they could put no french lady upon him , they resolved to promote the match with portugal , whereby , they were sure , the king would have no issue : but that was not all , for by this means , they were in hopes to render him destitute of any powerful forreign ally ; and that the duke of york being already married to chancellor hide 's daughter , and in prospect of a fair issue , both them matches might together lay a foundation for new discontents , weaken the union between king and people , and put the younger brother upon aspiring thoughts , in prejudice to the elder . but because the foresaid match with portugal might not be thought to be of their contrivance , and for some self-ends , they put this piece of drudgery upon the queen-mother , whom they managed so as to give her assured hopes , her second son , who was her darling , would by that means one day ascend the english throne , and what might not she and all of them hope from him , who had ever been much more open in profession of , and zealous for the roman religion ? &c. but great care was taken to give it out betimes , that this journey of the queen was only a visit to her son , now a king de facto , and in all royal state , and that she designed quickly to return and spend the remainder of her days in france , her native country ; and at the same time how highly she was offended at her other son , the duke of york's marriage with the chancellor's daughter , which about that conjuncture came to be publickly known , and by whom he had now a child born ; but whether she had any instructions upon this journey to break the ice , and make overtures to her son about the sale of dunkirk , i could never learn , and our minutes are in a profound silence concerning it ; however i shall in my next give you all the intimations that ever came within the verge of my knowledge upon this head , and in the mean time , am , my lord , your lordships most humble servant . paris , feb. . . n. st. letter iv. of the sale of dunkirk to the french , and by what methods effected . my lord , that cardinal richlieu had ●ong before laid a foundation for the french greatness , and even to nourish thoughts of france's attaining in time the universal monarchy , is notoriously known to all that are conversant in the histories of his time ; and that cardinal mazarine , who succeeded him as primier minister of state , pursued his steps , and made considerable advances in the design before he dyed , which was about the time of the negotiation for the sale of dunkirk , is no less manifest ; and that the methods both the one and the other pursued , was to set their engines on work continually to embroil their neighbours , either in intestine jarrs , or in an open invasion of one anothers territories , and then to invite themselves in to assist the weaker , that they might run away with the prey from both ; but among all their neighbour nations , the english were those they most dreaded , both out of fear and emulation of their military strength and glory , and whom consequently they made their utmost efforts to entangle in civil discords ; and therefore it was that richlieu took advantage of the unhappy conjuncture in the first sowing the seeds of discontent between king charles i. and his parliaments : and then by his incendiaries kindled such a flame in the three kingdoms , as terminated not only in the destruction of the king , but even of the monarchy it self ; so that the nation after having undergone a succession of almost all the forms of government , that have been in use among the sons of men run at last into the very dregs of all government , even anarchy it self ; which mazarine did as stre●uosly endeavour to keep up amongst us , as his predecessor richlieu had been forward to run us upon those dangerous precipices that introduced it ; but when after all , the french efforts to prevent our return to our old and known form again , by the kings restoration had failed ; it struck no small damp upon the french polititians , to see the babel they had been so long erecting , and were now in a fair way to have laid on the top-stone , in danger to be overthrown at one clap , and to have all their hopes dashed to pieces ; and therefore they stood still for a time to see what so mighty a revolution in england might produce , and what mighty things a king in the vigour of his years ( whom they had sufficiently provoked during his exile ) so high in the love of his subjects , the ancient emulators of the french , and the people now in the most martial posture that ever they were in since england was a nation , would undertake ; but finding all were haleyon da●s , and that then there was no apparent disposition in our court to make any incroachment on their neighbours ; the french ministers began to re-assume fresh hopes , and to consider what expedients might be proper for to promote their designs , which now for some time had lain dormant ; one project was that of the match mentioned by me to your lordship in my last , which succeeding so well , and finding still that the king was far enough from designing any war for the enlargment of his territories , they resolved to make an essay , and see whether he was willing to part with any thing that was already his own . i do suppose your lordship may have heard of cardinal de retz being in disgrace at the french court , of his being forced to flee the kingdom , of his being at london incognito some time after the restoration ; what he was publickly accused for in france , was that he had favoured the adverse party about the point of the legitimacy , that he had invited madamoisell d' orleans to aspire to a match with our king , and abetted the pretensions of rome against those of the court , about the then growing difficulties concerning the regale ; but what ever the reasons were , they were never published , nor suffered to be so much as entred in the minutes of other secrets ; but this is certain , that our king interceded with the french king on his behalf , and that he was admitted to return , and i have been assured , it was by the way of dunkirk , and was sent afterward embassador to rome ; but whether all this was a juggle , to carry on a negotiation about dunkirk , i will not positively affirm , but it looks as much like a french trick , as one egg does another . that the spaniards pressed our king very early for the restitution of dunkirk , is uncontroulably true , and made pretty large offers , and it is as true that the king rejected their proposals , which yet did not discourage the french emissaries , of whom they had by this time many in england , as the minutes shew , who having ingratiated themselves with the chancellor , and other hungry courtiers made also their overtures ; and told the king withal , that cromwel was to have that town only for a temporary caution , for so much money due to him for his assistance against the spaniards , and that therefore it was a matter of right they insisted upon seeing they were now ready to lay down the summ , with more then interest , nay , and they were so bold as to tell him farther , that if he refused to give it for money , they would endeavour to recover the same by a war , and questioned not the junction of the hollanders with them , both by sea and land in that case ; they being as unwilling as the french , that the english should have footing so near them on the continent , and in effect they made use of the dutch faction , and some jews their emissaries in england , more then any body else to bring that affair about ; and because they would be sure to meet with no obstructions from the spaniards , by renewing their instances to the king , and alleadging a greater right to the town then the french , they amused them with a design they had to restore it to them again , upon a reasonable equivalent in flanders , and gave it out that they had entred into a treaty already with them upon that head ; but whether it was so in reality i cannot tell , and this is all that i am able to inform your lordship concerning our parting with that important place ; only that the summ paid for it was two millions , and five hundred thousand lirves , and so i remain my lord , your lordships most humble servant . paris , march . . n. st. letter v. overtures made to king charles ii. for the sale of tangier to the french , and how prevented . my lord , the french having ( as i have given your lordship an account in my last ) gained their point in the buying of dunkirk , whereof the french forces took possession about october in the year , . they paused a little to see how the english would resent it before they would make any further paces for the promotion of their cause to our disadvantage ; but finding the memory of the anarchical times , together with the nation 's , according the example of the court , daily degenerating from the severity of manners in former times , had in a manner laid them fast asleep , and quite obliterated all thoughts of military glory , so far as if there had been a sudden transmutation of the genius of the people , they resolved to make another essay upon the easie temper of the king , and try whether he would also part with tangier unto them ; but whether it were that the king was sensible already of his mistake in parting with dunkirk , or that this very motion of theirs put him upon considering what he had done , and the great error he had committed in policy thereby , it is certain he gave them an absolute denial ; and that their minutes speak , but say withal that to be revenged of his denial , and make him odious after their usual manner ; this court ordered it however to be reported as if he had been willing for it ; and further add , that the kings real answer was , that tangier being his queens dowry , to whom he had not long been married ; it would not at all suit with his honour to sell it , neither could he well part with it , unless he parted with her ; that it was by parliament annext to the imperial crown of england , and so could not be sold without them ; that if both he and his parliament too might be willing to sell it at another time ; yet to be sure , it was not proper to think of it just then , when after so much treasure and blood spent upon it already , it might if ever , prove of some use to the nation , in the war then like to begin with the dutch : that he could not part with it to the french king so well as to any other christian prince , nay not so well as even to the moors themselves , without giving a very just and therefore a dangerous cause of jealousie to his people , especially in that juncture , when by the carriage of the french he had great cause to suspect , they were jealous of his grandeur at sea ; and would joyn with the dutch against him : which refusal of his , i must tell your lordship , was indeed one of the secret causes among others why they soon after actually joyned with that nation , to diminish our power , to sham them , and weaken and undermine us both , as well as to hatch up a navy of their own ; and since i am entred upon this subject ; your lordship will pardon me , if i proceed a little further , and acquaint you ; that they did afterwards renew their instances about the sale of the said place , with much more earnestness then before , and that at a time when their interest was much stronger , and more prevalent at our court ; and yet even then , tho' the parliament had denied him the supplies which he demanded extraordinary , as your lordship well knows , to be appropriated for the maintenance of tangier , and that he was in great streights for money , he would not sell it to the french , nor restore it to portugal ; but chose rather to demolish it , and abandon it to the moors ; why he would not sell it to the french , i have already given the reasons , but there was perhaps another more prevalent argument for it ; viz. the strong vote of the house of commons to that purpose , which your lordship knows better then i can pretend to inform you ; to which perhaps i may subjoyn another in due place , and therefore now can only subscribe my self my lord , your lordships most humble servant . paris , octob. . . n. st. letter vi. of the first dutch war , begun in , my lord , i have no reason to doubt , but your lordship knows most of the particulars relating to that unhappy war begun between england and holland in the year , . but it may , it will not be unpleasing to recount what the french designs might be in it , how they promoted it , and what advantages they drew from it ; which i shall do very briefly ; when they found our king did not lay hold of those advantages put into his hands upon his restoration to render himself great at home and formidable abroad , and made not the least meen of a martial , designing and ambitious humour , they made it their first business by their instrumen's at our court , to hinder his closing with spain , or any other in the interest of the house of austria , by making up the portugal match , as i have already hinted to your lordship ; next by gaining the duke of york timely over to their devotion , and then by other emissaries and pentioners , whereof they had good store , both in england and holland , to stir up such disputes between the two nations as might end in a war , and so divert the first essays of the power of our new monarch from themselves : in this how admirably they succeeded , is well known , the dutch on the one side being secretly incited and encouraged to insolencies and encroachments , and the english to as deep resentments ; insomuch that a war was hotly urged against them by our parliament it self ; the french court in the mean time playing bopeep with them both ; for it does manifestly appear by the hints that i have seen , that they promised succour to both parties in case of a rupture , though it were really resolved to see us fight first , and then succour the weakest , and so kill two birds with one stone , that is , divert and weaken both our naval forces , and make use of one of us to increase their own naval strength , till which war was very inconsiderable ; which they most effectually did , for they no sooner saw the ballance incline to our side by the first great defeat given the hollanders in that war , but contrary to all the assurances before given to the king , they not only sided with the enemy ; but drew the dane too into their confederacy , tho' they never did either of them any good by fighting for them at sea , but only by bribing one at that time in the highest favour in our court ; i need not name him , got a part of our fleet , sent on a blind errand after theirs , where 't was sure not to be found , while the dutch and the rest of our ships and commanders , were left to batter one another to pieces to make them sport ; having gained their ends in this point , they proceeded and gained also another of yet more dangerous consequence , and that was to get the unthinking hogens to build them most of the best ships , they now possess , and with which they have since scourged the dutch both before palermo and otherparts , and with which they have pretended since to match either them or us ; this appears , my lord , by the minutes of the lists we have of their navy , whereof some copies were printed , but at present i cannot help your lordship to one ; but therein were exprest the dates and places of the building of every ship , whereof of near an men of war of all sorts , near an of them were built in the ports of holland , in the time of the said war ; during which time also they bought such quantities of gun-powder , salt-petre , and all sorts of warlike materials there , as so strengthned them , and exhausted the other , who ne'er dreamt they intended in a little time to carry the war to them , that it much facilitated the success they had afterward in invading that country , that war ended with all the success to their designs they could desire , both by the treacherous compliance of corrupt ministers , they had gained in both nations , and the discouragement the english had received , by the perfidious falling off of the bishop of munster from us , junction of the dane against us , and the chatham disaster in having our ships burnt there ; which they effected by procuring the queen-mother to write a letter to her son , that she was assured the dutch would have no fleet out that summer ; i need not remonstrate to your lordship our ill conduct herein , i am sure our enemies have both blamed and ridiculed us sufficiently for it , though it tended so manifestly to their advantage , and was a pig of their own sow ; and let me tell your lordship , they did never believe our king would so easily take the bait till they saw the blow struck ; and this , i can assure your lordship , so heightned their hopes , and whetted them in the pursuit of their ends upon our court and kingdom , that they almost never left any motion , they had made for their turn , till it were effected as much to their plenary satisfaction , as to the kings dishonour and the nations ruine ; and from hence forward you shall find them drive on their designs upon us jehu-like ; the particulars whereof i shall not fail to transmit to your lordship , as often as i can have access to take them out with out suspition from the minutes , where they are deposited , and shall therefore now only subscribe my self , as i am in all sincere devotion , my lord , your lordships most humble servant . paris , march . . n. st. letter vii . of the firing of the city of london , in . my lord , i am fully satisfied by what i have both seen and heard at paris and elsewhere , that the duke of york was in the year . brought quite over to the french interest ; and i have heard strange stories related concerning his conduct at the time of that dreadful conflagration of the city , looking upon it janus-like , with one face seeming concerned for the lamentable disaster , and with the other rejoycing to see that noble pile reduced to ashes , and its citizens ruined ; who had at all times been the greatest propugnators for liberty and property , and opposers of that religion which he now not only secretly profest , but was even ready publickly to own ; and rewarding those incendiaries at st. james , who then were suspected generally to be french men , as your lordship well may remember ; but by our minutes it does appear they were not such ; but they were persons , at least many of them , set on work by french councils , and such as at that time were of all men least suspected ; i mean jews , of which they had then several in pay , not only in england , but all over christendom ; not only to give them intelligence in which they are wondrous active , but likewise to promote and act the worse of mischiefs , as which they make no baulk . by these fires have been kindled , not only in england , but in germany , poland and elsewhere , which the germans imputed to turkish emissaries , though they were jews hired with french money , the turkish policy not being so refined in mischief ; these sorts of jews put on the shape of what christians they pleased , and of this sort imploy'd by france , there were and are still several in england , the names of one or two of which i think i shall be able to give your lordship in sometime , though they go by several , as time and occasion doth require , and so at present i remain my lord , your lordships most humble servant . paris , april . . n. st. letter viii . of the french irruption into flanders in the year , . my lord , the dutch war , i have in a former letter mentioned to your lordship , being ended , by the treaty at breda , july th . . the french gained all the ends they proposed by it ; and more particularly ( as to what i have before hinted ) that both our king and people were now glad to be quiet , that some disreputation was thereby cast in our nation , but more on the king and government , which began to ingender new discontents and factions amongst us , which they took care to foment , that they might make use of them afterward , and that they having lately obliged the dutch , thought now they might venture to extend their limits in flanders , and try what fortune their monarch would have against spain , being his first undertaking , since he took upon him the management of affairs after mazarines death , wherefore new pretensions were advanced for the queen of france ; which though most learnedly and more then sufficiently answered by that renowned statesman the baron d' isola in his treatise , called , the buckler of state and justice , and which i think i have seen in your lordships closet , yet it put no stop to the french carreer , but on they carried the war , and that with such rapid success , that they not only ravaged artois , hainault and other parts of the netherlands in a short time , but also took charleroy , oudenard , aeth , courtray and lisle , besides what was done by them in the franch county and burgundy ; but your lordship is so well versed in things of this kind , that i shall forbear further to trouble you , and shall only tell you , that after the spaniard had suffered great loss , and that the dutch being both obliged by treaty , and alarmed at the too near encroachment of so potent a neighbour , assisted the spaniard with some forces , which the monsieur well observed , but for the time dissembled it , though he resolved both to remember and make use of it , when opportunity was put into his hands , one way or other to his advantage ; the intervention of the tripple league did for the present put a hook in his nose , and so he claps up a peace with the spaniard , in . with a design to break it as soon as ever his hands were let loose ; and so i shall conclude this letter with my humble thanks to your lordship for my last re — : and hope i shall in my next be able to impart somewhat that will be more entertaining , till when i shall and ever will be ready my lord , to serve and honour you . paris , april . . n. st. letter ix . the dutch allarm'd at the french king's irruption into flanders , sent a letter to king charles ii. about it , a copy of which letter was transmitted to the french court. my lord , if the dutch underhand assisting the spaniard , as i have mentioned in my last , set the french king upon thoughts of revenge , a perusal of the contents of the states letter to our king upon the account of his encroachments , whetted his fury to an high degree ; but all was smothered for the present , there being many rubs that lay in his way that must first be removed ; what the contents of the said letter was , may be easily guessed at , but the sight of any true copy of it i could ne're get ; the general rumour concerning it was , that our king should send it as soon as he had read it to the french king ; but the minutes say , it was only a copy of it , that was transmitted into france , and that not by the king but that it was surreptitiously gotten from the secretaries-office and sent to that court ; but that however they ordered their private agents both in holland and england , to report that our king sent it , that they might provoke the hollanders to use such carriage towards him , as might dispose him to join with the french in a new war against them ; which they had a design to put him upon in revenge of that letter , and of the succours the dutch had sent the spaniards , though no more then they were obliged to do defensively , pursuant to the tenour of their peace with spain ; of which war with the preliminaries tending to it , i shall not fail to transmit your lordship an account — and such in many particulars , as i do not question , but will be very grateful to your lordship , whose , humble servant i am . paris , april . . n. st. letter x. a view of the state of the reformed in france , from the beginning of lewis the fourteenth's reign , to the year . my lord , the reformed in the kingdom of france , since the king came himself to the administration of the government , had rather been retrench'd in their liberties , and declined in power than otherwise , whereas while mazarine was minister of state , he ( notwithstanding the queen mother's virulancy against them ; whether it were to cajole cromwell and their then governing powers in england , or out of his avertion to the clergy in general , of whose abilities as well as honesty he had no great opinion ) things went tolerably well with them ; but now that the french king found himself couped up with the triple league , and considering that any rigorous procedures against the protestants in his own dominions , would at this time be interpreted much to his disadvantage by those of other nations , and particularly , that there was no hopes to break the said league , or to disunite it , especially the king of england , of whom he conceived the greatest hopes , and had the greatest eye upon , as being not only nearest , but also most powerful of any of the rest ; it was resolved to put forth an ample declaration in favour of the reformed , which revoked several unjust judgments given against them , and remedied many important difficulties and severities they laboured under , whereof they had made their complaints to the king , and which gave them hopes that they should for the future be left to live in tranquillity and peace . they knew well enough , unless this were done , there was no very great likelihood to bring our king to their bow , of whom the parliament had already entertained some jealousies , and who would not fail to be enraged , when they came to understand he had entred into an alliance with a king , who gave way to the oppression of his protestant subjects : but this specious pretence of the french indulgence , might serve him very well to amuse his parliament , and at the same time to deceive himself ; and the protestant nations in general without , might very well believe the french proceedings herein , and especially that part of it which related to the reformed's future tranquillity , were real ; when they themselves in france were fully perswaded of it , and imagined that the days of henry ivth , were returned upon them again . it 's certain there had been considerable efforts made , since our king 's entring into the aforementioned tripple alliance , to have it further strengthned by the accession of other protestant confederates into it ; and that there was a certain person whose name was marcilli , a rocheller born , and a professor of the reformed religion , that took indefatigable pains in it ; the true story of this man is very odd , and falling pat with the design of this letter , i shall give as concise an account of it as i can , not doubting of your lordship's kind acceptance ; this person , i say , taking the advantage of the conjuncture of the league between england and holland , and very much doubting of the sincerity of the declaration made in favour of the reformed in france thereupon , made his application to several protestant princes about entring into the said alliance , and was no small instrument to induce the king of swedeland to come into it , which gave occasion of its being called the tripple league . he had been also at our court , and opened the king's eyes , in relation to many things that had been misrepresented to him , and wherein he had been imposed upon , either by the french agents , or the falsity of his own ministers of state ; but these addresses of marcilli were not long concealed from the french court , wherefore they took council , and dispatcht away the mar-marquess de ruvigni● into england , with instructions to take off those umbrages our king had taken , upon the conduct of the french council towards him ; the marquess his religion , being a protestant , as well as his capacity , recommended him as the fittest person to assure the king of the sincerity of the french proceedings , and that the reformed should have all the justice in the world done them ; in short , the marquess did his business so effectually at our court , that tho' he were the reformed's deputy-general , he had almost bankrupt his credit with all the churches , who did not a little resent his complaisance upon that head. marcilli having done , as he thought , his business in england , was gone upon the same negotiation to the swiss cantons , not without directions , as 't was believed in france , tho' dissembled for a time , from our king , to induce the swiss to come into the alliance ; whereof when ruvigni had advertized the french court , the king gave mareschal turenne , who yet made profession of the protestant religion , orders to seize him , if possible , and kidnap him back into france ; the mareschal to disguise the matter as much as might be , and to give as little umbrage of any such design as was possible , pitcht upon three officers making profession of the same religion with himself , to go into switzerland to seize him ; the sameness of religion between marcilli and them , gave them easie familiarity with him ; so that at last having got him into a place where he could not be rescued , they hurried him into france , where he was tryed forthwith and condemned ; the man during his imprisonment , shewed all the constancy both of a brave and innocent mind , and all the application of the judges , and rigour of the questions put unto him , could never make him change his language , but he maintained his innocence to the last , and the secrets he had been entrusted with by a great prince , whom i have heard some of his very enemies blame for not interposing in his behalf , or afterward resenting of it at all , when there were some things put to him in relation to that princes person , that little suited with his honour ; even upon the publick place of execution , just as the poor man was broken upon the wheel ; and now , my lord , they had murdered his body , they went about also to murder his fame , by giving out that they were forced to expedite his execution , because that having found a piece of glass in the prison , he cut off his privy parts therewith , as thinking he might quickly bleed to death , and so be his own executioner ; which notwithstanding being soon observed by the goaler , he gave the officers notice thereof , who put him to death two hours after . and that france might seem to be sincere at all points in respect to the liberty of her reformed subjects , out came another declaration in august , inviting all of them that sojourned abroad , or were in the service of forreigners , back into their native country , and particularly out of the united provinces , where there were of them great numbers , as officers , soldiers , merchants , seamen , &c. but tho' they were thus liberal in their promises to the reformed , and made all the semblance of sincerity in the world hereupon , yet they never ceased underhand to tempt the most considerable persons amongst them , by large donatives and hopes of preferment to come over to the church of rome , and what success they had therein will be the subject of another letter ; and so i am , my lord , your lordship 's most humble servant . paris , may . . n. st. letter xi . of the pervertion of the prince of tarent , mareschal turenne , &c. to the romish religion , about the year . my lord , france , as i have informed your lordship in my last , having invited her subjects of the reformed religion home out of all quarters , the prince of tarent , who had been settled several years in the united provinces , and possest of great employments , quitted their service thereupon , and returned to his native country , where he had not been long arrived , but he was charmed into the popish religion , and all his children , ( saving one daughter , afterward married to the prince of oldenburg ) following his example ; this they looked upon as a good step , but what gave them a mighty accession of strength , as much as it was a diminution of the power of the reformed , was their gaining of mareschal turenne to their church , who , because so considerable a person , and so famed for a great captain , i shall recount unto your lordship all that ever i could learn in relation to him upon this account . it 's true , the mareschal never did appear to be a person very zealous for his religion ; but as he had from time to time given some proofs of his constancy , it was attributed to the coldness of his temper , which made him calm enough in all things ; but that constancy that appear'd in him for a time , was attributed afterwards to other causes , and primarily to the ascendency his wife and sisters had over him , his lady being daughter to the duke de la force , and a person of exemplary piety , keeping of him steady in his profession whilst she lived , and his eldest sister the marchioness de duras , always encouraging of him to be constant ; and so zealous she was , that she began to breed up one of her younger sons , with a design to make him a minister , but that design not succeeding , & that person going over very young into engl. has been since , as your lordship well knows , advanced to honour in the kingdom . the youngest sister the dutchess of trimonill never failed also of her duty towards the mareschal in that kind . that the marshal had been often tempted to change his religion , is manifest ; cardinal mazarine who had a great opinion of him , made him many suggred promises if he would come over ; when the dauphine was born , he had intimations given him , that he might one day be made his governour , but that did not move him neither ; the last effort that was made upon him , was by the king himself at the beginning of the campaign in flanders , in the year . when he promised him a share in all his secrets , and higher degrees of command , if so be he would embrace the communion of the church of rome , but this had the same success upon him with the rest , and the mareschal acted his part with so much sted fastness , and in so noble a manner , that the king took no displeasure thereat ; and for this the church at charenton returned publick thanks to god , who had inspired him with such laudable constancy , but without naming of him , but some time after that peace was concluded , when there was no more talk of him upon that score , he entred into the roman communion , and it was given out he did it voluntarily , and of his own accord , and i could ne'er learn by whose instigation it was done , or what were the true reasons that brought him to it , but however it was , this change of his was attended with important consequence , which did appear in due time ; and this is all i could remark or learn concerning this illustrious person , only that he abjured his heresie ( as they call it ) in notre-dame , in presence of the archbishop of paris ; and so concludes , my lord , your lordship 's most humble servant . paris ; may . . n. st. letter xii . of a book published in france , proposing methods for to ruin the reformed , which had like to have spoiled the court-politicks , in pretending favour unto them at that time . my lord , i have in a former letter , shewed your lordship the great care the french court took , to have it believed , both at home and abroad , that their declaration in favour of the reformed was real , and like to be permanent , and what politick ends they had therein ; but a book entituled , the policy of france , came out not long after , to wit , in the year that had like to have spoiled all the fine web they had spun ; it was supposed to be written by the marquess de chatelett , a gentleman of bretaign , and contained one entire chapter of methods to ruin the reformed , and he was so adventurous as to dedicate it to the king himself , and made him a present of one of them ; but his zeal was but coarsly rewarded , for he was sent to the bastile for his pains , and the book supprest ; but because the methods he proposed therein were such as were very odd , and may be put in execution in time , and that i cannot send your lordship one of the books , i have taken out the heads , and are as followeth ; he proposed the total destruction of them as a necessary work , and reserved it for the present king , and whether he did really know , or was ignorant of the court designs , he did certainly i believe fit his politicks to the intentions of the court. he represented them full of resentment for the loss of their places of security , and of being always animated with minds to revolting , confusion and anarchy , and constantly ready to make use of any opportunity to re-establish themselves ; he made them to be enemies to the king's prosperity , perpetual obstacles to his designs , and always to be feared because of their animosity , and of the number of good soldiers , over which they could make chiefs , by giving them authority to command them . he took upon him to shew , that the protestants of germany suffered themselves to be ruined without any opposition , and that they had too much need of the king's protection , to embroil themselves with him : he said the same thing of england , swedeland , denmark , the united provinces , and of all the protestants , whom he imagined to have been so linked to the king by strong chains of interest , that they would not concern themselves to hinder his exterminating of the reformed religion in his own kingdom : he put a malicious interpretation upon the reformed's taking up arms in the last civil wars ; and he pretended to divine , that had it not been that the war had been so soon happily terminated , they would have formed grand designs , made high demands , and endeavoured to set up their party again ) he said , the edict of nants was revocable , as having been a thing extorted from the then king ; and admitting it might have been formerly granted for the benefit of the state , yet it might now be revoked for the very same reason : he was far from being of their opinion , who thought that the reformed were useful to the church of rome her self , because they obliged the ecclesiasticks to study , and lead regular lives ; he said , that was a trifling argument , and concluded , that the king had sufficient grounds to seek out ways to put them out of condition to hurt , or do any injury to his state. having promised this , he was not of the judgment to be rid of them by way of banishment , as the moors had been driven out of spain ; he looked upon that way of treatment inhumane , and withal prejudicial to the state , but he proposed fifteen expedients to be rid of them by little and little . the first of which was , to procure a more familiar intercourse between the reformed and catholicks . secondly ; that they should be rewarded with estates and honours that would be converted , and to have a fund setled for that end , which should ne'er be alienated ; that for the exciting of their ambition , and not suppress that passion in them which might serve as a sting to their conversion ; he was of opinion that they should be permitted to exercise the smaller offices , but not to give them great places , but to the catholicks only , for to allure the reformed to a change of their religion , in hopes to attain unto them . thirdly , to embroil the affairs of particular persons , so as to make them attend the council , and principally the gentlemen concerning all the dependances of the exercises of their families . fourthly , to oblige them to rebuild the chappels they had demolished or prophaned , and that not by proceeding against them in general upon that head , but by suing of particular persons upon that score , and to recommend it to the care of each bishop in his diocess . fifthly , to hinder the deputy-general to interpose therein , which he believed might be easily effected , because the hugonots could not form a body in france , and that particular cases ought not to pass for publick ones , and that the king would administer justice without any intervention ; he would not have the office of deputy-general supprest , but reduce it only to a name without any effect , and that no regard should be had to the general remonstrances of the deputy . sixthly , to order it so that none of the reformed should be suffered to dwell in cities , or the seigniories , which did appertain to such as were of their religion ; and he would have it so as they could never want specious pretences to colour that innovation . thly , to suppress by death the charges of councellors among the reformed . eighthly , to send catholick commiss●ries into the synods , and to chuse such persons for that end as understood controversie , and knew how to foment any differences which might arise in the assemblies ; to allow no national synods ; and to require money of the ministers for the king's use , under pretence of loan , tythes , or some other imposition . ninthly , to commence some law-suits against them for their debts in common , and to cause some of their churches to be sold. tenthly , to enjoin all the king's subjects not to depart the kingdom without leave , for the reformed would be comprehended under such a general order . eleventhly , to prevent any catholicks by means of the confessors , to put themselves into the service of the hugonots . twelfthly , to oblige them to observe the fasting days , under pretence of state policy , for the same reason as they were obliged to keep holidays . thirteenthly , to endeavour to marry the reformed into roman catholick families , and to take care that all the children proceeding from such marriages , were brought up in the roman religion . fourteenthly , to hinder the reformed to sell their estates in land , for that such sort of estates being not to be carried away , it would oblige them to keep within the kingdom . and lastly , he advised , that the university of saumur should be removed to some other more inconvenient place , for which he furnished them with several pretences ; and he was of opinion , that for lessening the number of ministers , that the candidates before they were received , should be obliged to go through a course of philosophy , or study divinity for two years ; that they should be examined before no other commissioners than such as the king should name , and that none should be suffered to take the function upon them till they were twenty-seven years of age. i have troubled your lordship with a long letter upon this ungrateful subject , but i hope you 'll pardon me , since i think it 's not altogether forreign to what i have some time since writ to your lordship , about the french courts procedure in reference to the reformed , whom they made it their chief business to cajole into a profound severity , that they might have leisure to carry on their villanous designs more securely ; and therefore it was that this book and the author of it , run the fate i have already recounted to your lordship , whom i shall always endeavour to oblige to the utmost of my power ; who am , my lord , your lordship 's most humble servant . paris , iuly . . n. st. letter xiii . of the french preparations for the war in the year and how they compleated their levies . my lord , having in some measure traced the methods the french councils used to settle their affairs at home , so as to receive no molestation from intestine motions when they should carry their arms abroad ; they began now to set their instruments more closely to work in their neighbour nations , but more especially in england and holland , not only to amuse and play upon those that were at the realm of government , but to feel the pulse of , and tamper with all the several factions among the people , and to make creatures among them , that might manage them upon occasion , as might seem most for their purpose ; while in the mean time they made vast preparations underhand for war , both by sea and land , and the better to supply the defects which seemed to be natural to their native soldiers , caused levies to be made for them little or great , in all the european nations , insomuch as by a list which i have seen , it did appear , they had in all , of strangers only , about an hundred and sixty thousand men , besides seamen , of whom they had likewise debauched a considerable number from holland , england , denmark and swedeland . these mighty preparations without any visible pretension , alarmed all the powers of christendom ; but the most , because of the small contests then in being , with the pope about the regale , and of some differences then depending about lorrain and alsatia , as your lordship well knows , imagined the storm would break towards italy , and part of germany ; till the preparations of the then bishop of munster , and the admission of french garrisons into the archbishoprick of cologn , and the naval preparations which appear'd last of all , filled them with apprehensions somewhat different from the first ; among which neither england nor holland were without some fears , both which they took care to allay , as the minutes shew , by exasperating of them afresh by secret agents and emissaries , one against another ; resolving according as their instruments should prevail on either to join with one against the other : but which of the two they should attack , was a long time the debate of the french council , for one of them , it was resolved without contradiction , must be invaded ; it being impossible to make any successful attempt upon the empire , as long as those two countries maintained the figure and power they did then , and in that untoward scituation for them too ; england was then in a very unprepared condition , having almost no navy at sea , and none but the ordinary forces at land , whereas theirs were all ready and well disciplined and commanded ; and this unpreparedness of ours was a great incitement to most of the french council , to put their king upon the immediate invasion of england with his whole force , having already fore-felt the hollanders , and found them , if not inclinable to join with them in such a war , yet content to sit still and be quiet ; they moved it so hotly that they had like to have carried it , which had they , england had run a very great risque at that time of being ruined ; for said they , if we make sure of england first , we shut a back door fast against all danger , and may then securely attack the austrian potentates , having first trampled down the hollanders in our way , of whom , having made sure of the de wits , ( their then chief ministers ) we shall find an easie prey : but just as the ambition of that monarch was ready to take fire at those so specious motives , monsieur le tellier , since chancellor and father to monsieur louvois , the eldest and ablest statesman and minister of france interposed ; the substance of whose speech i shall take care to transmit to your lordship in my next , who am , my lord , your very humble servant . paris , august . . n. st. letter xiv . containing an account of mons. le tellier's arguments to disswade the french king from the invasion of england . my lord , according to my engagement in my last , i shall now entertain your lordship with mons. le tellier's remonstrance , upon the advice given the french king to invade england ; he did acknowledge , that the counsel proposed was in it self very good , supposing there were a certainty of effecting it ; but it was to be considered , that it would prove of most pernicious consequence in case the same were attempted without success . that england was the rock against which the late formidable power of spain , had dasht in pieces its aspiring fortunes , and that the like expedition now by the house of bourbon , would prove alike fatal to its rising power , unless they were infallibly sure of their blow ; for to meddle with england at all , unless they could absolutely conquer it , would be but to rouze a sleepy lion , slur the reputation of their arms , and singe the wings of their growing greatness , before they were fully fledg'd ; that it was impossible to make such a conquest , but by intestine divisions or surprize , unless they were first masters of its outworks , the low countries ; that for a surprize he thought it almost impracticable ; and that tho' it was possible they might ●ure the hollanders to join with them , and england was then indeed unprovided of forces both by sea and land , yet there was no trusting to that , because there were no factions then , whose designs were ripe enough to favour such an enterprize : and that tho' they should prove so successful in that advantagious juncture , as to enter england , they could expect no greater advantage by it , than just to frighten the king and the nation , and plunder them of a little wealth , and so be gone , making but a tartarian expedition of it ; because the universal and strong antipathy of the english people , both high and low , against the french name and domination , would be an invincible obstacle to their setling there , and would quickly make that island too hot for them . that therefore meerly to attack and pillage them , without being able to reduce them totally , would but whet the animosity of those warlike nations , whose courage had always been wont to be heightned by disgraces , and was always victorious , when once fired with indignation ; that such an enterprize would for ever alienate the heart of the then king , and the whole royal family , from the french interest , and make them by inclination as well as interest , not only give way to , but passionately to abet and make most advantagious use of the natural animosity of their most warlike subjects against france ; that it would unite the peoples hearts so firmly to their king , and create so much mutual confidence between them , that it would be impossible afterward to divide them , and so raise the power of that monarchy to a pitch , from which it could not chuse but prove both formidable and fatal to them ; that it would rouze up the king , then almost drowned in voluptuousness and sensual delights , and make him a man both of war and business against his will , and cause him to enter into such alliances with the house of austria , and other powers , as must needs be of pernicious consequences to the designs of their great bourbonian hero ; that therefore it was better not to think of any such attempt , england being like a flint , sooner broken by soft than hard methods ; that the king himself , and also his brother , were much french by inclination at present , that the former was very indulgent to his pleasure , that he was that way so profuse and prodigal , that he would always be necessitous of money , which his parliament beginning to grow weary of giving him , it would e'er long cause such strugglings between the courtiers and patriots of the country , as would give them ample scope to compass their ends in england , by a more sure and less dangerous way than by a war , which in all appearance would defeat all the advantages they might otherwise reap there by other methods . that therefore the best way was to endeavour to take advantage of the king's infirmities , to try whether there were a witty french beauty , that could be fortunate enough to gain on his affections , for that such an one would be a most admirable instrument for them ; that they should offer him money , and feed his extravagance that way , send dexterous persons well furnished with golden charms , to work on all the leading men among all their factions , and secretly to keep some pensioners , both among their courtiers , patriots and church-men , and blow up and foment new divisions ; that they should send thither some very able embassador , and keep him there a long time ; that they should incite the hollanders to a new war with the english , and the english with them , and treat with and promise assistance to the former , to the last moment ; but in conclusion join with the latter , if it were possible to perswade the english king to a war. and that on that pretence , they might procure such numbers of english forces , especially foot , as might not only amend the defects of their own soldiery , which still came very short in good infantry , but bring their own native people by degrees , inferring daily examples of strangers bravery , to imitate their courage and firmness in set-battels , and to get a stock of good infantry by land , by drawing the english to them against the dutch , as they had already done of good ships by sea , and warlike munitions , by joining before with the dutch against the english in the former wars . yet that they might so order things , that whatever stipulations were made with the king of england to his advantage , to allure him to such a war , should be eluded , and he only made a tool of ; that tho' it was likely the parliament of england , would upon any great success of the french , be for breaking of the war , and deny the king money to continue it longer , yet after they had made a sufficient impression on the netherlands , they might prevail by their golden arguments upon the king , at least to continue neuter , and leave his land forces still in the french king's service for some considerable time ; that this juggling would in a little time raise animosities and jealousies between the king and court-party , and that of the patriots ; make the latter to deny him money , press hard upon his prerogative , raise new pretensions about liberty and property , which if carefully fomented by dexterous agents , would give the king and people there work enough in mutual contests at home , which would hinder them from acting any thing considerable abroad , keep the king always under a necessity of continuing their pensioner , for fear of becoming his parliaments underling ; yet prop him up so as to preserve him in a capacity , still to be able to keep them in some sort under , and hinder the daring english senate , from attaining any more so much the soveraignty , as to erect themselves into a republick ; he telling them from the famous cardinal richlieu's authentick observation , that an absolute monarch , or a republick in the brittish dominions , would prove almost alike fatal to france ; that therefore it was the best way to endeavour a mean between this scylla and charibdis , by keeping a ballance between king and parliament , and fomenting perpetual contests between them , which was to be done by having unknown instruments to sow jealousies among the patriots and people against the court , and make them cross the latter ; and at the same time make use of that crosness as an argument to perswade the king , that his authority could be no way safe without sticking to their alliance , and feed him with money both to enable him to carry on his business and pleasure without a parliament , and to animate him from time to time to prorogue and dissolve them upon occasion . and when upon some success of the king and court — party , they should begin to make such steps towards absolute power , as might , if attained to , prove dangerous to the french interest , and embolden our monarch to slip his neck out of their collar ; then anew to stir up the patriots and popular party against him , and abandon him wholly to them , till he were forced to break them , by returning to their alliance again . that above all things they were not to forget to make their best use of that mighty engine called religion , which tho' powerful all the world over , yet was of more prodigious force among the english people , than among any other in the habitable earth : now this advice , my lord , as coming from so old and experienced a statesman , and the ablest disciple who had viva voce , heard the documents and precepts of the great richlieu , that famous architect of the french grandure , was assented to both as the wisest and securest , and was afterward in every punctilio put in execution , as time and conjunctures afforded occasion ; whereof your lordship may expect an account in due time from him who is , my lord , your lordships most humble servant . paris , sept. . . n. st. letter xv. of the methods the french use in keeping intelligence among their neighbour-nations , &c. my lord , i cannot think but that your lordship will be pleased to understand how the french keep their correspondence among , and make tools of men and parties most averse to them in their neighbour-nations , and whom no manner of motives would ever be prevalent enough to make instrumental to promote an interest so hateful to them , did they but know who they wrought for , and it is , my lord , in this manner . would they set the conformists and nonconformists peckeering at one another ? thus they did it presently after the first dutch war , in order to prepare factions to make way for the designs which followed . they had diligent spies to inform them where men of quaint wits , brisk tempers , self-conceited , but atheistical in principles , or at least of very loose morals were to be found , as likewise to take notice of those that were in reality most able and more zealous , both of conformists and others , in their several ways , than the rest of their brethren ; then the first , by some persons that pretended to admire their wits , and that were french pensioners , ( tho' some of them did not know it ) were either by some present modicum of money , promise of preferment , or sometimes by the meer tickling praises of the said qualified persons , put upon writing something that might check religion , particularly that established ; then they knew the crime would be laid at the door of some nonconformists , and cause the reforming clergy to write bitterly and reflectingly against them , and them again to justifie themselves and recriminate , till at length they engaged not only the body of the nation , but even their august representatives likewise in their quarrels , and so from religious contests produced state factions , and in this all of them , tho' they were of different parties , were told they would please both their king , parliament and country ; for the dissenters were told , that tho' for policy 's sake the king did not publickly abet them , yet he was secretly disposed to favour them , and such writings , if well penned , would not displease , and might procure them at last ease in a parliament , &c. and for the conformists , they were easily perswaded , that by ridiculing the dissenters , immoderately extolling the excellency of their own ceremonies , and the superlative extent of the prerogative , they could not fail to please neither . and thence , my lord , came that legion of books of that nature , that came out in the interval between the two dutch wars , and which made way for after-divisions , of which i saw a catalogue , with the books printed , and of what service they were for the interest of the french court ; some i have forgot , and some i remember , but shall not name any , for fear of reflecting on any worthy persons , who , i am perswaded , did not know by what instruments they were abetted on either side . then for keeping several lords and commons too in pension to their ends , without their knowledge , thus they did it ; they had their jews , and some other bankers at their devotion , who would under an obligation of great secrecy , tell them ; that they were ordered to allow them so much money , saying sometimes it was from their own king , to do him some private service , in or out of parliament , or from the spanish , imperial , or dutch ambassadors , under pretence of serving their interests , and their own countries too , against prerogative , oppression in religion , &c. and oftentimes directly to oppose popery , and the french interest , that by firing them on with too great vehemency to pursue those points , the french court might more easily compass other ends aimed at , which they whom they thus incited did not so much as dream of ; thus while many in our parliaments were so fierce against papists , arbitrary power , and the french interest , and cried out against all of the court-party as french pensioners ( tho' 't is true , too many of them were so ) as does appear ; yet little thought they , that they were likewise so themselves , and never imagined the same french were abettors of both parties : and the better to cover this underhand play , they drew off most of the money they employ'd to this latter sort , by the way of genoa , florence , amsterdam , and hamburg ; that it might not be discovered , it came originally from france ; nay , my lord , by the by , be pleased to take notice that one main cause of the french king's indignation against genua , tho' it be a very secret one , and known to few , was their bankers cackling , and discovering to the agents of the house of austria , the money privately sent and dispersed , and sent towards poland , hungary , turky , and some other parts not named , and has made them imploy none ever since almost , but what are openly or covertly jews , who serve the french king with great fidelity for these reasons . . he is in their esteem the most powerful in christendom . . because he favours the grand turk , where they have so great a commerce , and are in such numbers . . because he gives them a liberty by connivance , tho' not open toleration . . because he is so great an enemy to the austrian family , who have been so cruel to them by the inquisition , and by banishing them not only out of the spanish territories , but likewise out of the emperor 's hereditary countries . . and lastly , because he seems to them to be of no religion , but almost as great a scourge to the christians in general , both popish and others , as the turk , tartar , or barbarian ; their principles naturally leading them to admire and revere any thing they think a plague to christians , whom they are taught to curse daily , even in their solemn prayers ; and therefore england had need have a care of them in this juncture . but as for the pensions they gave the courtiers , they industriously affected the transmission of those moneys from france , and had their agents busie to buzz it abroad , in order to render them odious to the people , and to incite the patriots the more violently against them ; and tho' a great part of the money they allowed the king from time to time , were sometimes transmitted from the abovementioned places , and some from venice , yet private notice was presently given to their agents in england and elsewhere , with positive orders to inform the world of the truth of that intrigue ; unless it were some time when a particular critical juncture might require a contrary procedure . my lord , this is the sum of what i could learn in respect to their correspondence in england , either from the minutes or private conversation , of which your lordship is sensible , i have as great an opportunity as any other , and with which i shall at present conclude , who am , my lord , your honour 's most humble servant . paris , iuly . . n. st. letter xvi . of the french king 's frequent reviews of his troops in . and of the umbrage taken in england thereupon , and of the duke of buckingham's embassy into france . my lord , i have formerly given your lordship an account of the great levies in france , and vast preparations for war both by sea and land , what care had been taken to secure the domestick peace in the mean time , and what the opinion of the french ministers of state were , in regard to what country should be invaded by them . and i am now to acquaint your lordship , that when their military preparations were pretty forward , which was in the year . they began to make frequent reviews of their troops , which to amuse , they continued till the end of the next year , in several bodies towards as many different frontiers , that their neighbour — nations being used to them , and seeing no effects follow , might think they were only done out of a vanity to make ostentation of the french power and grandure , to keep their soldiers in discipline , and find their nobility and active spirits employment , who else might busie themselves for want of occupation in disturbing the state : the artifice took , so that most of their neighbours , tho' now and then they were troubled with a fit of thoughtfulness and suspicion , begun to grow secure , and particularly the hollanders , who thought the french king so much in jest , that they tau●tingly called him , le roy des reveues , till more extraordinary and more visible preparations and movements , did by degrees begin to convince them of their errour ; for when they had thus finished their reviews , they suddenly drew a very considerable army , composed of the flower of all their forces towards calais and dunkirk , ( the dutch being in the mean time tampered with , as i am apt to believe concerning the invasion of england ; but yet now full of jealousie at their proceedings ) and here it was the council was held about the eligibility of employing their force , the debates whereof i have already given your lordship an account . and as the dutch were jealous upon this approach , the english were much more ( as your lordship may well remember ) to see such a power brave england on the opposite shore , and look with an amorous eye towards it ; and the more because of the unprepared posture the nation was then in ; insomuch that it was thought advisable , to dispatch an embassy to sound the intentions of the french monarch in regard to england ; whereupon choice was made of the duke of buckingham , who admirably well maintained that character , and the glory of great britain , on that occasion ; and demeaned himself with such an intrepidity of mind and conduct , and with such a grandure and unconcernedness at the formidable armed powers he saw before his eyes , that those who had been strangers to the then condition of our nation , would have thought he had been sent from a prince that was at the head of twice as big an army , as the french king at that time shewed the duke : and that conduct did not a little appall the presumption of that ambitious king , and contributed much to the inclining of him to acquiesce in monsieur le tellier's counsel ; but then withal , making him take notice of the rare and more than ordinary parts and abilities of the said duke , it put him naturally upon concluding that it was well worth the while to endeavour to gain such a person over to his interest , whose influence might be great , either in bringing his prince to such a compliance as he desired ; or at least in briguing for france against him , in case he proved inflexible : to this end , such complements were past upon the duke , and such extraordinary honours done him , and presents made him , as never no embassador before nor since hardly ever received ; insomuch as the duke suffered himself to be charmed , and ever since favoured the french interest , either with or against his prince , as occasion or policy directed . in fine , he was told , that the french king indeed , tho' he had great temptations from opportunity and interest to attack england , yet such was his respect and inclination for our king , that he was more disposed to imploy his forces against holland ; and that he might with the surer success undertake such an expedition , his majesty earnestly prest the duke to do his utmost to influence his master to join his naval forces with him in that war , by which means he might revenge the disgraces received in the last , especially that of chatham , as likewise the fresher insolencies of that saucy republick , whose vicinity and power was so much the more dangerous to the brittish monarchs , than to any other crowned heads , as the subjects of these nations were more prone to hanker after the liberty enjoy'd by the hollanders , and to imitate their successful example ; that by so doing , his excellency would do his own prince very great service , and have the honour of obliging a great monarch , who was as generous in his resentments , as formidable in power , &c. the duke returned home well satisfied , and brought a pleasing answer to our king , and plyed him warmly with the proposition aforesaid , tho' at first he was not much harkned too ; but how , when and by whose means their designs were afterward accomplished , your lordship may expect to hear , when conveniency serves , from , my lord , your very humble servant . paris , nov. . . n. st. letter xvii . of the princess henrietta maria dutchess of orleans's being sent anno . from the french court , to dispose the king to a second war with the dutch , in conjunction with the french. my lord , the french court having , as i told your lordship in my last , gain'd the duke of buckingham entirely to their interests , they began now to conceive some hopes to bring our king to joyn with them against the states , at least wise with his naval power , of which they had most need ; and therefore to strike while the iron was hot ; they deliberated of sending over an embassador of their own into england to negotiate the matter ; but to colour the intrigue , as if they had no design of their own thereby , and to give no matter of jealousie to their neighbours , especially the united provinces . it was agreed , it should be a female embassadress the kings fair sister henrietta maria dutchess of orleans , and so give out at the same time , she went over purely on a visit to her royal brothers , and that it was with some seeming reluctancy the french king upon her earnest application to him to that purpose gave his consent ; but she was furnished with such proposals , which they knew well that sent her , none could with equal safety and privacy advance , nor none with equal power and influence recommend ; and to secure the whole transaction from the very suspitions , as well as the penetration of any not of their cabal , and to make it appear as a pure visit , and the effect of natural affection and void of all intreague , her return was limited to so short a time , and in so peremptory and notorious a manner , that it might induce the world to believe them too suspitious of the natural inclinations , that princes might still retain for her royal brothers , and for the weal of her and their native country , so incompatible with the exorbitant grandeur of france , to entrust her with any of the mysterious arcana's of their politicks ; and so might prevent all jealousie in england , at that critical juncture of that interview , by shewing so great an apprehension of it themselves : she was charged with the same message partly , and with some of the same arguments , which they had endeavoured to insinuate by the duke of buckingham ; but having an incomparable advantage above him , or any other embassador to back whatsoever she advanced with all the charms that a most accomplished and lovely princes , and an only and most beloved sister , could be armed with ; she who had wit and dexterity enough , to manage those priviledges to the utmost advantage , not only prest the said matter , and more home and with infinitely more freedom and efficacy , but adventured to propose , yet higher things and of a much more extended consequence ; for addressing her speech to the king ( though not without intermixing some expressions equally affecting also to her brother the duke of york ) she told his majesty that as she hoped neither of her royal brothers had any reason to call in question her natural affection to their persons , and inseparable inclination for whatsoever did , or should at any time appear to her to be conducing to their true interest , so she believed they had as little cause to doubt , but she could see as far as another into the french monarchs heart , who loved her and admired her to that degree , though innocently , as gave no small umbrage to monsieur his brother , and her husband ; and that she did sincerely represent , both as his most christian majesty's sence , and her own , that the only way to secure to his majesty , and the present royal family of england , a stability in the throne they were lately restored to , af●er so dismal an overthrow of the monarchy , in the reign and person of their unhappy father , and to reinstate the majesty of the brittish kings in its former splendor and security , enjoyed so long and gloriously in catholick times , was by all wise and politick m●ans to labour to introduce into these kingdoms , the catholick religion , and to re-assume by degrees absolute power . ●or that the church of england by woful experience had been found too weak alone to defend the crown , and that the dissenters were so stifly principled for a common-wealth , that they would never leave till they had once more overturned the monarchy , unless his majesty would timely provide for his security , by methods ●o be propos●d to him by her , and the most christian king ; who she knew had the atmost ten●erness for his interest , as was clear eno●●h by all expressions of his real inclinations , ●●nce they were emancipated from the ●estraints , laid upon them under the tutelag● o● a cardinal , who was a master in pure politicks , and altogether unacquainted with those nobler and more heroick sentiments of honour and generosity , which are no less natural and unextinguishable in a born prince , then common reason is in the ●est of mankind : the chief of which expedients were flattering of the church of england , and first persecuting by act of parliament the protestant dissenters , and wheedling with them again by a prerogative lenitive , and so by the not to be questioned acceptance of the suffering protestants on the one hand , and the no less assured non-opposition of those of the established church on the other , as by an irresistible charm to lay asleep that watchful dragon , that had so long kept the golden apples of contention between the king and people , from the ravishment of the most enterprizing monarch ; and break that mischievous devil , that had of late been so busie in asserting pretended liberties ; and advancing the soveraignty of old hateful laws , above the more sacred majesty of the princes , the only rightful legislators , whilst the crown as securely as unregardedly might seize , and seizing ●or all perpetuity , appropriate as to it sell the important jewel of dispensing power , which would fix and fasten the whole chappelet of unbounded soveraignty , by making us● of that popular relaxation , to indulge the faction esteemed the most dangerous to the monarchy , and to decoy them into a favouring of those encroachments upon the laws , and upon the peoples fundamental right , and therein the legislation , who seemed of all men the most deeply principled against them ; and so in effect to make those very persons , the tools for the erection of absolute and despotick sway , who otherwise could hardly be reconciled to the most just , most legal , and most moderate royalty . so far were the measures to be observed at home ; and those which she and their brother of france advised to be used abroad , were . to endeavour by all possible means the subversion of the republick of holland , the perpetual source of rebellion in england . . in order , with so much the more expedition , certainty and safety to effect the reduction both of his own people , and of that ●nt●ward neighbouring nest , and receptacle of plotters and rebels ; to resolve upon a firm and inviolable adherence to the interest of the most christian king , who in that case would no way desert him , but vigorously and powerfully aid him , and carry him through all difficulties ; but in case , added she , his majesty could not satisfie his conscience we●l enough , to attempt any such change in religion ( as she just now had mentioned ) or notwithstanding all remonstrances to the contrary , should continue over-perswaded of the two great difficulty , or impracticableness of such an enterprize , that however as a protestant of the church of england , which was firm to monarchy , if he desired to put himself into a condition to protect , and that reciprocally to defend him and his successors in time to come ; it would be absolutely necessary for him at least , to concurr with his most christian majesty in subduing the republick of holland ; that besides the advantage of such a repartition of the conquered country , as he could reasonably expect , he should find upon the reduction of it , that the commonwealth faction in england , and her two other sister kingdoms , would dwindle away of it self , and so the king would not only become absolute master of his people , but as his christian majesty would concert the sharing of those provinces with his brother of england , the naval power and trade of great brittain would receive an incredible augmentation by the destruction of a state , that was her only competitor at sea , and for commerce and riches promoted thereby ; for that not only their shipping and seamen , together with their chief sea-ports , and be●t sea provinces , all entire would be his majesty's , but also that all the most wealthy and substantial merchants , and industrious and ingenious tradesmen and artificers , even of the provinces and parts that should fall to the share of the most christian king , would in all appearance transplant themselves either into england or ireland , as lying more convenient for trade , than their own country , or at least into those parts of the netherlands which should be reduced under the power of the king of great brittain ; to whose domination , as approaching nearest the sweetness and freedom of that they now were under , they would certainly more willingly submit their persons and fortunes , than to that of the more absolute one of the french monarch , for which they had entertained a thousand prejudices . in fine , she most earnestly and affectionately besought him to take those matters into his most serious consideration , and to return a speedy , and if it might any ways be , a favourable answer , that she might have the happiness to return back the messenger of good news , and such news as might prove a foundation of a lasting felicity to both the illustrious families , from which both his majesty and her self were descended . the king after a little silence , told her by way of reply to the things she had represented to him , that it was impossible for him to doubt of the ardency and reality of the affection of a sister so amiable , and who had always exprest so much tenderness for his interest ; that he as little questioned , but that she had penetrated as far into the interiors of his brother of france , as it was possible any one could into the heart of a king , and therefore upon her representation of him chiefly , which he assured her would induce him to give the more credit to the favourable conjectures , he had made of his temper , during the little time he had the honour to converse with him whilst in exile , and to the general character he had , since his personal administration of publick affairs , obtained in the world , of being a prince of great-honour and generosity , and thereupon passing by some former unhandsom and unkind treatments in his court , as pure effects and influences of the over-ruling ascendant of the then regnant mazarine , and not of that prince's own inclination ; he should put much confidence in the sincerity of the most christian king , and accordingly desired her to return his said majesty , his royal and most hearty thanks for those obliging expressions of amity and affection , he had signified to him by her , and to assure him in his name , he should ever have his friendship in high esteem , and would go as great lengths as in prudence and interest he could , to serve him , and to comply with his desires : but that the matters proposed being of the highest consequence , he must beg his excuse if he required more time to give him a positive and satisfactory answer thereto , than the short space limitted for her stay in england would permit ; however , that he would with all convenient expedition give him a better account ; in the mean while , he should request his most christian brother by her , to do him the justice to believe he was as sincerely affectioned to his person , as he could be to his , and should ever persist to be as far as a king of engl. could , his constant and most obsequious friend : the like complement , as far as it was agreeable to his circumstances , was returned by the duke ; after which the princess renewing the charge in the business of religion , the king freely told her , that as to that point , tho' he had entertained very kind and favourable thoughts of the roman religion , and its professors , for several reasons he instanced , and did believe , that if it were re-established in his dominions , the monarchy would be safer and easier than it could be under the present state of protestancy , yet he was not so fully satisfied in it , as to make it his own religion ; and that on the other side he foresaw such unsurmountable difficulties in attempting such a re-establishment , that he did not think any policy , no , nor the whole power of france , could he command it all entire , without any divertion from other interested neighbours , ( too extraordinary a juncture to be probably expected ) could be able to carry him through them : to which , the princess who saw well enough , as well by his looks and actions as by his expressions , that she had made more sensible impressions upon his spirits , than he was willing to acknowledge ; thinking she had done enough for her part , and sufficiently broke the ice , for those that should be designed to push the point further at more leisure , modestly replied ; that since that was his majesty's sence , in which he was fixed , she would wave all farther importunities on that subject , and leave it wholly depending between himself and god , whom she would continually pray to inspire his majesty with light enough to know , and courage enough to embrace the truth , in his appointed time ; but however , she should be glad to know his majesty's sentiments as to the design against holland ; adding , that she was confident , he could not but think it was at least for his interest , and seasible too : yes , madam , answered the king , i am convinced that if crowned with success , it would be enough for the interest of this monarchy , and of my people too ; but yet as practicable as it seems to be to you , it is likewise not without its difficulties , and those very great ones too ; for the ill success of my last war with that nation , the dissatisfaction of my people thereupon , the tripple league in which i am lately engaged with holland , the inclination my subjects have for the dutch , as being a protestant nation , and the implacable avertion they have to the french , and their jealousies of their power , and of their religion , are mighty obstacles in the way ; however , if my brother of france can propose me any practicable expedients to remove them , which i much doubt , i will , as i have said , do what i can to comply with him in that enterprize : and so the princess declaring her self well satisfied , with what had been said upon the subject of her errand , they passed from the businesses of state , to the divertisements of the court , from which being obliged much sooner to break off than they were willing , by the more swift than welcome approach of the time limitted for her departure , with unconceivable regret , and ill-presaging tears , she took her leave of her royal brothers ; tho' little did she or they imagine it to be her last farewel , for soon after her return to france she died , not without vehement suspicion of being poisoned ; but that her husband the duke of orleance , had any just cause given him further to foment his jealousie of her upon this visit , ( for he certainly was suspitious of her conduct before any mention of that journey ) and so pushed him on to the practice of undue means to accelerate her fate , has been a matter of much discourse both in england and france , and continues to this day a mystery , which i will not nor cannot pretend to determine , and so begging your lordship's pardon for this tedious epistle , i remain , my lord , your lordship 's most humble servant . paris , feb. . . n. st. letter xviii . of mrs. carewell's coming into england in . and introduced to be the king's miss . my lord , in one of my letters to your lordship , concerning monsieur le tellier's sentiments , in regard to the management of the affairs of england to the advantage of the french , among other expedients he proposed the sending over some choice female , as might be capable to charm a prince , whose heart was so susceptible of an amorous flame as that of the king of england ; in conformity to which project , they made choice of the opportunity of the princess's going over to effect it , and therefore she upon her arrival presented our king , her brother , with her woman , known then by the name of madam carewell , but much better since by the title of dutchess of portsm : to serve the french king as a heifer afterwards to plow withal , as being such as was not carelesly or fortuitously picked out from among the french herd , but expresly singled out for that purpose : and how well she acted her part in time coming will appear in its proper place , so that if they failed in their ends of furnishing the king with a french wife , they were resolved to make it up , by supplying of him with a french whore ; and this being an omission in my last , and having nothing of greater moment to write at present , to keep my correspondence with your lordship , i have taken the opportunity to testifie unto you how ready i am , my lord , to serve you. paris , feb. . . n. st. letter . xix . the paces made by the duke of buckingham , and afterward by the princess henrietta maria dutchess of orleans , towards bringing the king over to joyn with the french against the dutch , not fully succeeding according to expectation , they resolve upon other methods : first by making sure of the duke of york , and then by inciting the dutch to provoke the king to a war with them . my lord , i have given your lordship an account of the princess henrietta's negotiation in england , and of the kings dilatory answer , in regard to his conjunction with the french to make war upon the united provinces , which put the french polititians somewhat to a nonplus ; but considering how well inclined the duke was to the popish religion , and how he had exprest his thoughts to the princess , the king being present , of the advantage and reasonableness of the french proposals , they made an essay , to see what they could do that way , and whether the great confidence he had with , and influence over his brother might not induce him to accept of the offer . they found him plyable enough ; but upon application , he did not find the king so , but much more disposed to live at rest and pleasure , than to engage himself in so much sollicitude , as a war would inevitably bring him to ; and besides , he was much afraid to discontent his people further , who were already so ill satisfied , with the ill conduct and disasters that befel them in the last war , and whom he knew so wholly averse to a new one , unless the fresh water-gandy-caps and feathers especially were dismissed , and the conduct of it wholly left to the old tarpolians , who so successfully asserted their cause with those people in the republican and oliverian times , the happiness of which the late ill success had much enhaunsed in their eyes . yet the french agents continued pressing of him , and tampering with his ministers to compass their ends ; urging all the specious motives in the world , and sparing neither present advances of money , nor the most magnificent promises of future acknowledgment ; but finding still a great resistance to any such overtures ; they at length resolved to play their game another way , and employ'd their emissaries in holland , to stir up those people to provoke the king's resentments by all the ways that artful malice could devise ; they caused him to be represented to them as a mean spirited prince , drowned in pleasures , and by them bankrupt ; and that would put up any affronts , rather than be weaned from them a moment . that slender courage he had , being cowed in the last war , as likewise were the spirits of the proudest merchants and seamen , his subjects , under such an unactive prince ; adding moreover , that to their certain knowledge the duke of york was now a papist , tho' in hugger mugger , and that the people had a strong suspition of it , how clandestinely soever carried , and had thereupon conceived such an implacable jealousie against the duke therefore , and against the king himself on his account , that they would never patiently brook the command of the one , nor heartily assist or fight for the other , in a war against a protestant state ; but break into factions , and rather abet them , then support so unwarlike , so unfortunate , and what was worst of all , so popishly affected a prince : that therefore now was the time to give that finishing stroak , to that so great , so glorious , and so advantageous a work to their most puissant and renowned republick , which they had more than half done in the last war , under the favour of the most powerful assistance of their great master , viz. to obtain for ever the dominion of the seas , so highly contended for by the english , and ingross the whole trade of both the hemispheares to themselves ; and that in so glorious an undertaking , as the great monarch of france had , when in extremity , most opportunely and successfully assisted them in the preceding war ; so he was determined to do in this , not with a few auxilliary troops and ships as before , but with his whole force ; being resolv'd of nothing less than to concur with their high and mightinesses for the absolute conquest of that queen of islands , that had so long domineered over the sea , and pretended to give laws upon that element , which god and nature had left as free as the air it self . and that their high and mightinesses might enter into no umbrage of his designing any greatness to himself , that might be prejudicial to them by such a conquest ; he was content to share it with them , and that so partially in their favour , that he would satisfie himself with the two poorer kingdoms of scotland and ireland ; the former for the sake of its ancient alliances with his kingdom , and the latter because of the conformity of the religion of its native inhabitants , with that of his own subjects ; leaving to them the principal , which was england , where all the chief trade , riches and power , both by sea and land of the brittish empire , was concentred together , with all its goodly dependances both in the east and west indies , with which he could not pretend to meddle ; the success of which proposals i design shall be the subject of another letter with the first opportunity , from my lord your lordships most humble servant . paris feb. . . n. s. letter xx. the dutch upon the foresaid remonstrances made to them by the french king , being induced to enter into a treaty with him , were wheedled by the french embassador to sign their part of it , and to send it to the french king for him to sign it ; but he pretending specious delays , sends it to the king of england , using it for an argument for his compliance with the proposals he made to him of entring into a war in conjunction with him against the states : but ordering his embassador withal to acquaint him , that in case of his refusal , he must be obliged to turn the sham-league with the dutch into a real one . my lord , the specious remonstrances , and mo●e inviting proposals made on the french king's part to the dutch , as mentioned in my last to your lordship , so tickled the hogens , that they suffered themselves to be deluded into a close treaty with the french court for that great expedition ; not at all thinking what ruine was designed themselves , and division of their own territories between the french and english was then modelling among the monsieurs , as a further tentative to induce our king to arm with france against holland ; and that the very league the french pretended to be making with them , was but the master stratagem to procure that other allyance , that without the unexpected and timely interposition of divine providence had proved the mene-tekel of their flowrishing state , and turned that great magazine of the trade and riches of the universe into a sorry bank of lillies ; accordingly they began first to insult our king in his person , by multitudes of most scandalous and insupportable pasquirades and pictures , which the french agents endeavouring to make him resent as they deserved , and finding still that he declined to comply with their desires ; alledging again for answer , the ill success of the last war , caused chiefly by them , the averseness of his people to another war , &c. and farther , his unwillingness only for injuries that personally concerned himself alone , to engage those nations again in so bloody and destructive a war , as after all could be of no very considerable advantage to either side , be the event what it would . they proceeded then to tempt him further by offering a larger proportion of those provinces when conquered ; and besides , such an assistance in money , as should enable him to go through with the war , tho' his parliament should deny their concurrence with him therein ; and to make their perswasions the more effectuall , they did again warmly ply the duke of york , attacking of him on the blind side , viz. his religion , and telling him , that tho' he were privately a catholick , yet the people began to have a strong suspition of it , and would at long run come to know it , and would not fail then to make such strong brigues against him , as that they would certainly put him by the succession ; unless before such a discovery were perfectly made , he could induce his brother to joyn his arms with those of his most christian majesties , for the conquest of holland ; where were the vitals that administred life and spirits to all those factions he had to fear , and which after the conquest of that united many-headed hydra , would soon be supprest , ●ut could be by no other way : and that then the introduction of the roman religion into these kingdoms , whenever he should succeed to them , would be easie , else impossible ; that his most christian majesty was then provided with such formidable forces , and had laid the empire into such a sleep of security , and so amused the other neighbour princes , with such doubtful and contrary appearances ; that before they could awake , and rub off the dust they had thrown in their eyes , they might have done their work on the hollanders , who least of all the rest expected an attack , and were therefore unprovided . the duke forward enough before , but now quite overcome by these pretences , became their most earnest sollicitor anew to the king ; but tho' he neglected nothing in that case , that a prince of that great influence over his brother could do , to bring him over to consent to the measures concerted between the french and him ; he found him still inflexible and averse to a war , not out of any disaffection to the cause , but out of a love to ease , and a principle of fear , as i have formerly hinted to your lordship : upon which the french council proceeded to their last master stroak in this business , resolving in case they succeeded not therein , in spite of all hazzards to take the opportunity of joyning with holland , to invade and conquer england , if possible . to this end they had all along managed a close treaty with holland , even while they were endeavouring one in england , by the powerful negotiation of their friends the de wits , and lovestein faction : so then still the more to rouse up our king's resentments , or to force him , to make appear to the world , that he had indeed none , neither for his own royal dignity and honour , nor for the honour or interest of his relations and kingdoms , nay not so much as a sense of the preservation of any of them from dangers , tho' never so visible , so present , and so fatal to all and every of them ; they put the de wits on all the efforts they could to keep down the most ancient and illustrious family of nas●aw , under the specious pretences of the danger of the liberty the commonwealth might one day run from the suspitious greatness of that house , so well deserving of them ; especially , if ever it were so fortunate , as to mount the throne of great britain , their incompatible rival in naval power and trade ; and with whom , by reason of their near relation to that crown , that house could not but by inclination and interest , have such a correspondence as must needs render it imprudent and unsafe in the states , to admit the present prince into the same honours and important charges in that juncture , which his ancestors , in the infancy of the commonwealth had enjoyed and exercised , so much to their advantage ; and accordingly what steps were made by those two ministers , to keep the prince of orange from the possession of the ancient honours and priviledges of his house , is too well known to need mention . which design being thus set on foot by those ministers , the french still the more eagerly to incite them to pursue their point , insinuated to them ; that the only way to expect the full accomplishment of their desires in the total destruction of that family , would be to cause a new war to be declared against england , upon the plausible pretences and encouragements before mentioned ; in which juncture the people of holland , who in the prince his fathers time , had begun to conceive an umbrage of that family would be the more easily brought to consent to what remained , to the utter depriving and disinabling them to aspire to any greatness that might be above their pity : and that by the potent and auspicious assistance of the french monarch in that war , the states coming to overpower so gloriously their rival in trade , and to acquire a possession of so great a share of the british dominions ●s was projected between them , and as they would in all appearance under the eavour of that present conjuncture , not fail to attain to ; they the de wits by procuring the states so ●easonable and powerful an assistance , and pushing them on to a war that should end with so much glory and advantage to them , would quite ●ulipse the great services and merits of the nassovian and orangian heroes , in the earlier years of the republick ; and give the said de wits opportunity by degrees to raise their own family to the same , if not much greater honours and priviledges , then those that had been so long enjoyed by that illustrious house ; in which , addeth they , you may be assured , that from time to time , you shall never want the friendly offices , and most efficacious assistances of our invincible monarch , who is no less constant , generous , and magnificent , in his resentments towards his allies and friends , then he is formidable and inflexible in those towards his enemies . in fine , they soothed these miserable ambitious ministers to that degree , and acted that sham-treaty with holland , by their means so to the life , that the states not doubting but they were in earnest , made all the forward steps imaginable towards the alliance proposed , and began to arm by sea , not minding how careless a posture they left all their places by land , as dreaming of nothing from france but friendship and assistance . and accordingly that faction having with all the heat and diligence imaginable , concerted and concluded a treaty with the french ambassador , he like a sly gamester , wheedled them to sign their part in it , and sent it forthwith as privately to his master ; who , said he , would not fail immediately to answer them with a counter-change ; telling them , that by this means , they should shew a great deference to his dignity , and the figure he made in europe , and testifie their great confidence in him , then which nothing could be more obliging to a crowned head , especially to him , who much more then any other prince , valued himself upon his honour and integrity : and besides , would contribute much to the success of the great enterprise they were joyntly to go upon ; because by this means their common design would be most dexterously concealed from the english court , whom his master , said he , amused all this while with a sham-alliance , and hopes of making peace with you for them , &c. and so keeping them from arming for their defence , and so afterwards be executed with such a surprising celerity on them , that they should sooner see the dutch fleet on their coasts , and the french troops on their land , then hear of them . the stratagem took , and the instrument of the said treaty was with all expedition sent ready signed by the said faction , to the great monsieur , who promised speedily to answer the ceremony on his side : and now the de wits and their party were cock-a-hoop , and were already in hopes , sharing their part in the projected spoil and division of the english monarchy ; when the more politick monsieur having brought them into the snare he had laid for them , instead of sending back and signing a counter-change of the said league to them , sent it secretly to his embassador in england , with orders privately to shew it our king , that he might by that be convinced what advances , the people he was so hard to be perswaded to wage war with , had made to attack him and his kingdoms , as they had already insulted his person , honour , and relations . and how affectionate his master was to his majesty , who was ready to depart from all the advantages he might prudentially hope to reap by such an alliance , in that disadvantagious posture of the british . affairs , and rather inclined to joyn with his majesty against those sawcy republicans , and sworn enemies to all crowned heads : ordering him withall , to tell him , that the obstinacy he perceived in his majesty , in refusing to vindicate his own , his families , and his kingdom 's honour and interest against them , had prevailed with him , to push on a treaty with them so far , as to get it , by address , signed by them afore-hand ; that he might have wherewithal to give his majesty an undeniable proof , both of their malicious and dangerous intentions , and of his own sincere inclination to his majesty ; and delude them into a security , that might hinder them from providing for any defence by land , against the forces he had ready to pour in upon them ; in case his majesty would please , while it was yet time , to joyn with him . and further , to add , that for his part he had not sign'd it yet , but was ready to sign one much rather with his majesty , and would on that condition so protract the time with delatory answers and excuses , that their present naval preparations should be eluded , and they attacked , when they least expected , and when his majesty might have time enough to make sufficient provision , to second him therein by sea , to both their certain and glorious advantage : and lastly , ordering the said ambassador in the close to tell his majesty roundly , that tho' indeed he had carried on that sham league for the reasons afore-said , viz. for the interest of his brittish majesty , as well as his own , for the better conviction of him , of the necessity , as well as convenience of joyning with him , and lulling the enemy into that security , that was necessary to the success of the arms of both crowns ; yet if after all these steps , his majesty would still persist to be deaf to his own interest , so visibly and plainly made out to him ; that truly his master then would be forced to decline those of his majesty , take new measures consonant to his own , and in a word , turn the sham alliance into a true one , by immediately signing and counterchanging it ; and at the same instant , joyning with those enemies against him , without giving him time to make any tolerable preparation , that might enable him to weather their first attempts ; for that it was his masters undoubted interest to keep great forces on foot , and not to keep them idle : and that therefore if the king of england would not joyn with him , to employ them where he had most inclination , and much interest too , to employ them ; he would be forced by interest against his inclination , to employ them against him , being resolved to employ them some where ; and so the ambassador concluded his harangue , as i shall conclude this letter , having been tedious , i am afraid , to your lordship ; and so remain , my lord , your lordships most humble servant . paris , march . . n. s. letter xix . king charles ii. being at length brought over to a compliance with the french intreagues , and to make war upon the dutch ; the french council make all the alliances they can among the german princes , &c. and where they could not prevail , use their endeavours to perswade to a neutrality . my lord , having in my last to your lordship , set forth the successive intrigues of france , to bring our king into their interest , and to come to a rupture with the dutch states ; their artifices , especially the last ( as how could it choose , unless he had been indeed the log , he has been resembled to ) wrought so effectually with him , that he then , without reluctancy , consented to the french king's overtures ; and an alliance was , tho' very privately , concluded on , wherein were inserted articles for a projected sharing of the states dominions , already conquered by our army , as we had been before by theirs ; and now both courts concert measures to continue the amusement of the enemy , and to gain some other neighbours into a concurrence or neutrality . the french king after some demur , to gain time , and to finish his intrigue in england , had no sooner concluded it , but after his usual way of dissimulation , sent back the instrument of the treaty with holland to the states , but with such additions and amendments , as he knew would take up time to debate , tho' couched in most suggred words , and backed with large promises , of continuing and augmenting friendship : and having in the mean time gained the elector of cologn , the bishop of munster , and some others on the rhine , partly by money , and partly by deceitful pretences to joyn with them : they had also the vanity to attempt ( tho' the very thoughts of such an overture , were charged with insuperable difficulties ) to delude the very spaniard , if not into a compliance , yet into a neutrality with them , while their forces should be acting such tragedies , as were intended in their view , and not without passing through their country , they having such creatures and factions in spain , as they much confided in ; but after all their wheedles and intrigues there , they found such strong opposition made by the queen-mother , who was a great enemy to france , as gave them little grounds to hope for any great success in that negotiation ; so that they began to content themselves with what they thought they were sure of , viz. by gaining of so much time , in keeping of matters in suspence , both in the spanish and imperial councils , who were naturally slow enough in their deliberations , as might suffice them to accomplish their design upon holland , before they could be in a readiness to hinder the finishing stroke ; ( if so be , they should declare for the states against them , as was to be suspected they would ) after which secure of success , they concluded they should be in a condition to attack , rather then to expect the whole austrian force , tho' fortified with the succours of all the rest of christendom : my lord , i am not at present furnished with the topicks they went upon , to bring the spaniards to a compliance in this matter ; but i hope i shall be able to give your lordship a good account of them in my next , which shall be with the next conveniency , but in the mean time , i am , my lord , your honours , most humble servant . paris , apr. . . n. s. letter xxii . coleman being engaged in the french interests , here follows the topicks he went upon , to induce the spaniards to a neutrality in the war in . my lord , that the french ministers are gens audax omnia perpeti , is very manifest , by what i have written to your lordship before ; but to be so adventurous , as to form topicks for the engaging those in the spanish interest , to favour their designs , by deluding that nation to a neutrality , seems to be a master piece of their policy , as well as audacity : having therefore gained mr. coleman , whom they judged of any other , the most proper instrument to carry on such a design , they formed the following topicks for him , the better to help him to compass it ; and he was to urge closely . . that tho' his britannick majesty had been by the intollerable insolencies , and base outrages of the dutch nation , constrained and necessitated much against his inclinations , to depart from so much of the tripple league , as concerned the hollanders ; yet he would not fail to retain still , his inclinations to promote as much as lay in him , the chief intent and purport of it ; which was in substance , to hinder the french from aggrandizing themselves , to the diminution of their neighbours ; but more particularly to the prejudice of the catholick king , during his minority , provided he would stand neuter . . that his neutrality would be a firm security to him , of what he yet possest in the netherlands , by obviating , and taking clean away from the french , all manner of pretences to molest his subjects . . that the destroying the hollanders , who were base rebels to him , ( and whom it was as much scandalous as pernicious , for any crowned head to suffer to flourish and prosper in wealth and greatness , as they had but too manifestly done , to the diminution of their neighbours , and much less to abet ) would be highly beneficial , and of manifold advantage to his catholick majesty . for that the vast trade of amsterdam , and other great , populous , and flourishing towns in holland , and the other provinces , being ruined and depopulated ; many of the inhabitants , at least all those of the roman catholick religion or perswasion , a great many of the deists , and other adiaphorites , who were very indifferent and careless , whether they frequented any publick worship at all , or no , but chiefly , and above all other things , adored trade and gold , with which the dutch territories swarmed above any other nation , either on this , or the other side of the hemisphere , would , without all doubt , refugiate themselves , as being nearest , and most commodious for them , in the spanish territories and provinces , especially flanders ; and would quickly multiply and encrease in them , not only people , but trade and riches , from whence , encrease of power and strength , both by sea and land , would be a necessary and infallible consequence : and that then , the now almost abandoned city of antwerp , once the most famous , and most flourishing city in trade , of this part of europe , should have free liberty to lay open her scheld again , now damm'd up by the hollanders ; and recover her former riches , glory , and strength , as would necessarily all the other spanish cities , and trading towns in that country , in a proportionable degree , which would be a means to make spain herself become much more flourishing and populous . . that the crown of spain would by this means , have her hands quite rid of the most troublesome , as well as dangerous rival , in trade and conquest in the east indies , of any other europian nation whatsoever ; in which respect , neither england nor france , tho' trading nations , as being monarchies , had not been , nor indeed could possibly be , or become so prejudicial to it : however , they might , perhaps afterwards , be fortified with new accessions of strength and power ; as that one single republick , which , tho' scarce of one age's growth , had yet already , to the amazement , as well as detriment of their neighbour nations , and especially the kingdom of spain , and territories belonging to it , monopolized into her own hands , the advantageous , and incredibly gainful trades to the great kingdoms of china , iapan , and many other parts , both of the east indian and african coasts , whither in former times , no other nations in the world , besides those of spain and portugal , had any manner of access . . that the power of that upstart republick was already at that exorbitant greatness and grandure , that there was no possibility , either of humbling or depressing it , and much less of a total subversion of it , by any other in christendom , then the united powers of the kingdoms of england and france ; and yet things were brought to that pass , that if timely care were not taken , to have the said republick removed out of the way , or at least mortified to a very great degree ; it must of necessity , in a short time rise up , as old rome did , to such a prodigious strength , power , dominion , and grandure , that it would give law to all the crowned heads in this part of the world ; and perhaps , at last devour them , since it well appeared , and was conspicuous to all that did not wilfully shut their eyes , that by such little blows as the kingdom of england alone was able to give them , in the late war , and sea engagements they had with them , their experience , numbers of seamen , power , strength , and riches , were every day advanced and encreased , after the respite of a small breathing time of peace : and that consequently , if his catholick majesty , the king of spain , or rather the queen regent and ministers , as also his imperial majesty should suffer themselves to be so over-ruled by such a needless , as well as unseasonable jealousie , so far , as by their interposition to obstruct and hinder the now probable downfal of that usurping , and encroaching republick , what could they expect and hope for in the revolution of a few years , but to see those very people , whom , by their needless solicitude , they had saved from destruction , be so adventurous , as to seize into their own hands , by way of retaliation for their kindness , their precious mines of gold and silver , in the countreys of peru and mexico ; when it should be quite out of the power , either of the kingdoms of england or france , or indeed both of them together , should they find themselves so disposed , to prevent their inevitable loss , which would be not only a most pernicious blow , but , as might very well be feared , even a deadly one to the illustrious house of austria , as well as a very sensible one to all the other princes and states of christendom : and therefore it could not but be a matter even of high importance , and greatly for the interest and benefit of his catholick majesty and his subjects in general , for him to resolve to remain and continue neuter , in this war that was to commence shortly against the united dutch provinces , and to connive at , and give way to the success of the french and english nations ; since it was evidently as necessary and requisite , for the safety and grandure of the kingdom of spain , ut deleatur ist a carthago , as it was for that of england and france ; from whom a mutual jealousie , which , as it ever was , could not but be still continued , would sufficiently secure spain to all future ages , from offering any such violence , or making any such attempts on their golden , and silver west indies , as would certainly , as well as unavoidably , be made in less then half an age upon them , by the republick of holland ; if his catholick majesty , the emperour , and his other allies , should stand so far in their own light , and become guilty of so much imprudence , which could hardly be thought of them , as to give any divertion unto , or otherwise interrupt the only powers in christendom , that were able to prevent that disaster , and render it quite of none effect . . that his most christian majesty lewis the xivth of france had solemnly engaged to his britannick majesty the king of england , that upon the condition of a neutrality agreed by spain , he was willing to relinquish all pretensions to the remainder of the spanish netherlands , and all the other dominions of spain , and to get that same renunciation signed and ratified by the dauphine his son , as well as by himself ; and to leave no room for any future jealousies , even by the consent and approbation of the three estates of his kingdom , whom he would take care to assemble for that very end and purpose , as also by the parliament of paris ; that so all occasions and pretences of any future war between the two crowns of france and spain might be entirely and totally cut off by this one amicable and advantageous concession ; nay , and that rather than fail in this particular , his most christian majesty would be brought to re-deliver to the catholick king , even all the towns , cities and territories taken from him by france in the last war , and keep strictly to the other , as well as the pyrenaean treaty which was as much as the spaniards could wish for themselves or had upon any occasion insisted upon . . that the french king would be punctual to give such strict orders to his troops and armies , that in all their marches through the countries belonging to the king of spain , they should be so far from being injurious and burdensom to the respective inhabitants of them , that they should receive very great benefit and advantage from them , by their exact and liberal paying for what ever they had of them , and that he would afterward leave such a firm barrier on all sides the country , as should for ever secure them from all apprehensions of encroatchments from france or any other neighbouring nation whatsoever ; and that by this means the spanish territories would remain very fertil , and be filled with money and all sorts of rich commodities , whilst the united provinces would be run down , and never be in a condition to molest or annoy them more ; and what advantage and security that would be to them , they themselves could tell , and a remembrance of former experiences in that kind , must needs corroborate and add strength to the same . . that there was no just cause of jealousie to be entertained , or any great reason to fear the growing greatness of the kingdom of france upon such an occasion , for that the accession of strength , which by such means might in some degree happen to her , would be much more than ballanced by that which would accur to england ; by which his britannick majesty would become a much more powerful assistant to spain and the spanish territories , against any violations of treaties that might afterward upon any account whatsoever happen to be offered by the french , then he could be at this juncture of time , even tho joyned with the republick of holland ; and yet rid the catholick king even at the same time of such a dishonourable as well as dangerous ally as holland was at present , and which would certainly prove within a small revolution of years a destructive enemy also , if they were not now in this favourable nick of time obstructed and throughly prevented . . that the king of swedland who was the other crowned head that had engaged himself in the triple alliance for the protection and security of the spanish netherlands , was likewise of the same mind and disposition to remain neuter in the present case , unless he were provoked to joyn with the french and english ; but that however he would at the same time joyn and sincerely concur with his britannick majesty for the guaranty of this desired and useful neutrality with france ; that both kings would be ready to enter into a league offensive and defensive , with the crown of spain to assist the same with their full force and whole power , against any manner of infractions that should happen to be made , or fall out against this or any other former treaty or treaties on the part of france whatsoever . . and lastly , that the french king was ready and willing to accept their guaranty and not only so , but freely to permit the emperor of germany and other of the german princes , that could be brought to stand neuters , and were willing to enter into the same , to be made partners therein ; that all the world as well as the council of spain might be convinced , beyond all suspitions to the contrary of his most christian majesties , as well as the king of england's sincerity in that matter . these , my lord , were the instructions mr. coleman had , and the topicks he was to go upon for the carrying on this pretty design ; but how far he put the same in practise , that i could never learn ; but he was not the only engine they imploy'd for that purpose , they had their agents in spain it self , who did their utmost to effect this neutrality of which i may be able to give your lordship an account another time ; in the mean while i am , my lord , your lordships most humble and most obedient servant . paris july . . n. s. letter xxiii . a farther argument used at the court of spain by the french agents to perswade that nation to a neutrality . my lord , to the topicks used by mr. coleman and other french emissaries , of which i have given your lorship an account already to perswade the spaniards to a neutrality , they judged fit to superadd , another to be more particularly and closely insisted upon at the court of spain it self , alledging that the ruine of the republick of holland , was very necessary as upon other accounts , so more especially in that thereby the king of england , who was so well enclined to the roman catholick religion , and only wanted an opportunity to declare for it , and to have the glory to establish it in his dominions , which had now for above an age and half groaned under the burden of a pestilent heresie , would become so much master of his subjects , that he would be in a condition , without any danger to himself and the royal family to introduce the same roman catholick religion into his kingdoms again , which great and glorious , as well as meritorious work , the catholick king and those who had the administration of his dominions ought to have to heart above all other interests and considerations whatsoever , especially since this would enable the crown of england to do spain many good and friendly offices in the court of rome as well as elsewhere , and be a means to ballance the french faction there , when they should take upon them , as they frequently did , to oppose the interests and advantages of the house of austria , as henry the viiith and other kings of england had formerly done before the schism broke out , and their kingdom came to be overspread with herisie ; but you know , my lord , the effect this and the former bait and flourishes have had ; for spain after some short disimulation to gain time declared for holland , on whose fate they well foresaw that of their netherlands , and the whole fortune of the house of austria depended ; in which resolutions notwithstanding all the artifices used to the contrary , they were seconded by the emperor , who then had his arms loose , and by some other princes on that side , whom tho' they fail'd to hinder to enter into an alliance for the defence of holland , yet they have met since with too much success in rendring their conjunction as little hurtful to them as might be , and of which i may in time be able to give your lordship the particulars , who am my lord , your humble servant . paris aug. . . n. s. letter xxiv . of the shutting up of the exchequer by king charles ii in january / . my lord , i need make no repetition to your lordship of what the french have done by foreign alliances in germany ; by engaging our king to consent to the second war against the dutch , and the topicks they went upon to perswade others whom they had reason to fear would concern themselves in the quarrel when they saw their neighbours house set on fire , to a neutrality in the case , and more particularly the spaniards of which , transactions i have not long since sent your lordship the particulars ; but what ever was done abroad by them for the ruining of the dutch republick they were no less industrious in our nation to put the king ( who god knows was but too susceptible of their charms , upon such methods as would bankrupt his reputation with his own subjects , and so become an entire dependant upon them for his support . two things they had more especially in view for the accomplishment hereof , the one was that he should shut up the exchequer under the pretence of the absolute necessity of it for want of money to bear up the port the nation ought at that time to make in the world when their neighbours were in so formidable a posture ; but they knew well enough and could not but foresee ( as i find they have noted it ) that he would by such a surprizing and unparallelled act lose all his credit for ever of borrowing money again , otherwise then on the branches of his revenue , or acts of parliament ; and would deter the parliament from venturing to be so profuse and liberal as they had formerly been to him any more for the time to come , upon never so pressing occasions ; at least without binding his hands , and reserving to themselves the care of laying out as well as raising any moneys to be given to him ; and what could the consequence thereof be , but that he must be reduced either of being treated as an underling or a doge ( which they took especial care to infuse into his head ) by his parliaments ; or which they aimed at chiefly , to do the french king's drudgery , to have money to maintain his pleasures , and keep up his dignity and authority against any attempts , which the jealousies caused by the faults he had too unwarily been insnared into by his false friends on this side , might so strongly influence most orders of men in one degree or other unto throughout his kingdoms against it , and which he might easily be induced to choose ; prefering rather to be a pensioner , and at the beck of a forreigner , then the courtesie of his own subjects , who have never refused to support him in what tended to his real interest and honour upon any moderate prospect of security for it ; but things did not end here . the other design of theirs was not only in view but close at the heels of granting a toleration of religion by vertue of his prerogative royal , of which your lordship will hear more in my next , in the mean time i am , my lord your very humble servant . paris sept. . . n. s. letter xxv . of liberty of conscience granted by king charles ii in the year / , how and to what ends attained . my lord , it was not enough for this court to engage the king to consent to a second war with the dutch , and shutting up the exchequer purely to serve their interest and designs , but they must put him upon another piece of state-druggery , which at the same time , i am well satisfied he was not of himself much averse to , and that was the declaration of indulgence to tender consciences , as they have been pleased to cant it ; they knew well enough what severe laws were in force against all those that dissented from the publick church , and some of them fresh enough in memory not to be so soon forgotten , and they knew full as well , that both the popish and presbyterianly affected persons as well as the prerogative and republican party who then began to revive , that were about the king , would greedily promote it , or at leastwise some of all the mentioned sorts , as a means whereby to attain to the ends aimed at by those differrent factions . these the monsieurs took care to influence in their several ways so as to spur up the king not to delay the granting of it ; but whatever the several parties ends were in the obtaining of such a grant , the intent of france was chiefly to divide us , and so make sure of the other event of their other measures ; for they concluded then , had the king gained that point without dispute , and the people suffered that dispensing with the laws to pass tamely and without any interrogating about it , for an inherent prerogative of the english crown ; that he would be able to keep a firmer alliance with them , and assist them in all their designs without controul with his arms , and that he should at long-run be easily perswaded to receive twenty or thirty thousand auxiliaries to secure his new acquired authority , in that and other usurpations they intended to put him upon both in civil and religious matters , in lieu of the brittish forces he should furnish the french king with ; or if he should happen to be so weak as to yield up that important piece of royalty to the parliament ; that still by such a diminution of power he would in time by their pressing more and more upon him , as they had contrived in that case they should , be still necessitated in his extremity to have recourse to their help against the popular waves , which when their state eolus's had blown enough to a sufficient high sea , they designed to assist him to asswage , for fear else of giving place to the second resurrection of that terrible monster called a commonwealth , which they dreaded more then any thing that could have happened in this western world ; the memory of what a terror that late monster in our isles had been to them , as well as to the rest of their neighbour nations , being yet too fresh to have been forgotten by them ; thus did these state empericks drench us , and brought our nation under such convulsions , that without the help of kind heaven , must end in a total dissolution , sed futura nes●imus . i am , my lord , your constant and faithful servant . paris decemb. . . n. s. letter . xxvi . the opinion of the french court concerning the five persons that made up the cabal in england in the year , / . my lord , the ministers of this court are not only the most inquisitive persons in the world into the affairs of other courts , but even into the persons that manage them , whose natures , dispositions , religion , natural and acquired abilities , as well as respective infirmities , they endeavour to sift out to the quick , that so they may use them or shun them as they find occasion ; and for this reason it is that they make some remarks upon them in their minutes as well as upon the affairs transacted by them ; and therefore since the five persons who made up the cabal in england a few years ago , and who your lordship may remember were the dukes of buckingham and lauderdale , the earls of shaftsbury and arlington , and the lord treasurer clifford , were very distinguishable for the stations they were in , the offices they held and the parts each of them acted in the government , i find this character given of them : for the duke of buckingham as he was the kings favourite , so he really deserved to be so , as being very capable to be a minister of state , if his application to business had been answerable to his talents , if his mind , which was furnished with excellent endowments had not been distracted with libertinism which was in him to an extream degree , and by a love to his pleasures , which made one of those persons in the world that was fittest for great and solid things , vain and frivolous . of the duke of lauderdale there is little or nothing said , but that he is a great and quaint politian , and no question but he has merited that character at their hand : of my lord clifford they are as profuse in their praises , as i doubt they have been too of their money , saying ; he was a person who wanted nothing but a theatre , where vertue and reason had been much more in use than it was in his country in the age wherein he lived , for to be superiour to and overtop the rest : my lord of arlinton they make to be a person of a meaner capacity and more limitted genius than any of the five , but say his experiences supply the defect , and has acquired him especially a very great knowledge of forreign affairs ; last of all , they bring in anthony ashley cooper the renowned earl of shaftsbury of whom they say ; he was by far the fitter person of any of them to manage a great enterprize , and so was as the soul to all the rest , being endued with a vast capacity , clear judgment , bold nature , and subtil wit , equally firm and constant in all he undertook ; a constant friend but an implacable enemy , with many other expressions , such as his not being terrified neither with the greatness nor the multitude of the crimes he judges necessary for his own preservation , or the destruction of others , much to his lordships dishonour , which is a clear argument he was not for their interest , and for which he is much beholding to them . your lordship will pardon the freedom i take with you , and accept of the sincere endeavours to serve you of , my lord , your honours most humble and most obedient servant . paris jan. . . n. s. letter xxvii . of the methods practised by the french ministers to corrupt our embassadors . my lord , having given your lordship some account of the opinion the french court have had of some of our statesmen ; it may be it will not be unacceptable to recount to your honour in this place some of those ways they have taken here to corrupt and pervert our embassadors ; and i can boldly affirm that there has been hardly any one embassador sent from our court hither , since the restoration whom they have not endeavoured to corrupt and to get into a private intreague to traverse not only what he was to negotiate , but even something of what themselves prest on our princes by their own private agents , and on some of whom , i have named one to your lordship formerly , they have made very great impressions to our nations detriment ; for matters of main consequence , were treated of by private ministers or messengers between both kings , which were not as much as mentioned to the embassadors sent in publick , who have been on our side sent only for parade , to negotiate many times , things whereof the contrary had been most commonly agreed upon especially in private , only to blind by that piece of formality the eyes of our subjects at home , and of our neighbours abroad ; or else to treat about matters of meer complement or of but ordinary concern ; and tho' what has been privately treated on between the two kings , or but only proposed was of great concern to be kept secret , and that for that very reason they knew our embassadors were not made acquainted with it , yet such has been their malice and treachery to our king and country , as to discover to our embassadors or envoys and their secretaries , such parts thereof as they have thought , being once known to them , would be most proper and effectual to induce our ministers to enter into a particular cabal with them for by-ends , and many times to affirm things more invidious than ordinary to have been agreed upon between both courts , which were only proposed ; which kind of communication of theirs had a very powerful influence by the curiosity that is natural to all mankind , to work upon our ministers to entertain such a correspondence with them to the dishonour and detriment of their king and country ; for they have told them sometimes , that not only the points proposed by the dutchess of orleans , but other things of as bad and dangerous consequence for the subjects and religion in england , were absolutely concluded on between both crowns unknown unto them ; and that our king and duke of york had taken such and such measures to put themselves into a condition to do what they pleased , and that the king their master was willing to flatter them in such hopes and feed them with a little money to keep them from taking part with his enemies ; yet that truly at the bottom he had no such zeal for religion nor for the pope of rome , as he had not for the king of england's over great power and absoluteness in rule , being things which could not but be prejudicial and very incompatible with his own greatness , and therefore he should not fail underhand to favour the people of england in supporting their liberties and rights , and defending their religion , and confining the kingly or regal power to its own due limits ; and therefore if they , viz. our envoys or ministers would serve him in that design , they might assure themselves they should be well gratified for their compliance ; that there was no occasion to scruple it ; since they knew well enough that our government was but a qualified monarchy , wherein the subject owed rather more allegiance to their country than they did to their prince ; and that since their king went about to deal so unfairly and injuriously with their country , as to enter into leagues and treaties , and that underhand with a foreign prince , contrary to their true interest , and deceived his embassadors by transacting things different from , and opposite to what they had received in their instructions , and trusted not his own ministers but only forreigners with his main secrets of state ; it could not be thought any great infidelity in them to deceive such a prince , and to enter into private intreagues against such designs as were pernicious and destructive to their country , and would be so to the prince himself , if not prevented in time , with a great deal more matter still more invidious than that , to the same purpose . such methods as these , my lord , i find in the minutes of the instructions prescribed from time to time , to those who are imploy'd to converse with our english embassadors or envoys , and after-notes do also remark they had success enough with some of them , whom your lordship may so well guess at , that i need not name them . however this opinion they entertained of most of the english whom they gained into intrigue , except it were the duke of buckingham and one or two more , that they served them with the same mind , with which they imploy'd them , for this was and is still an usual saying with them , we imploy'd them not for any love we have had to them , or any good we intended them , but only for the interest and advantage of our own king , and the dishonour and disadvantage of theirs . so they as we believe and have by experience found by most , served us not for any love to our interest , but to our money , and with intent to make what we intended for the disservice of their country turn in the end for the good and benefit of it , or at least to the factions and perswasions they themselves were off ; i could inlarge much more upon this head but i have been already tedious and therefore i must conclude and remain , my lord , your lordships most devoted and humble servant . paris march . . n. s. letter xxviii . of the french resolutions , to elude any advantage the english might receive by the war. my lord , having already given your lordship an account how our king was brought into the alliance with france , and to engage in a second dutch war ; i shall now proceed to set forth the insincerity of the french friendship , and how little benefit our king was to reap thereby , in case of success , and the methods they had to elude him . tho' their chief design was to destroy holland , yet they intended england should reap no benefit thereby , but rather decrease and truckle under them ; for that they meant nothing less then the real performance to our king , of his share in the projected division of the enemies countrey , as if it had been their motto , pereat hollandus , nec non subsidat anglus . and therefore they so resolved to carry things on by sea , as that they seemed to be rather unconcerned spectators , then actors for us in any of the engagements ; tho' your lordship well knows , that afterward , when they were left alone with the war , they could fight well enough to defeat the dutch and spanish fleets in the mediterranean , and bereave that state of their famous admiral de ruyter , which was more then ever we in all our combats with him could effect ; for as if the french dealing had been a graft of old punick faith , they treated us more like perfidious africans , then generous romans , giving not only private orders to the commanders of their naval forces , which they should send us at sea , to avoid as much as was possible , any effectual fighting for us , but only to observe and learn what improvements they could from us , both as to our manner of fighting , and the situation of our harbours ; and in the main , to approve themselves , not only as cyphers , but as broken reeds to us , who were in expectation of great things from them ; and this evidently appear'd afterward by their conduct towards captain martel , who for falling in bravely with us against the dutch , was first soundly checked , and then disgracefully cashir'd for his honesty and bravery : and as their instructions by sea , to their officers , was to play the legerdemain with us in this manner ; they gave the like instructions to their land commanders on the holland side ; and particularly , tho' it had been concerted between both courts , that whilst we should attack zealand , which was the province alotted to our share ; their general in the low countreys should divert all relief from it , by a great and sudden irruption into their other provinces , which in the consternation they then must needs be put to , he might most effectually do , yet not only their minutes , but the event clearly shewed it was the least of their thoughts , we should have a foot of ground for our share on that side ; for you may very well remember , that when our army was afterward actually embarqu'd for that enterprize , in which in all probability , had he done his part , they had succeeded ; yet in that critical moment wherein he should have acted according to the lesson given him , he did upon some frivolous pretences neglect the same , and so frustrated that expedition , which obliged our forces with no small confusion to return back , and land without attempting any thing : it 's most certain , my lord , and by their minutes it doth appear , that they had concerted before hand , that in case they met with any powerful resistance by land , that then their auxiliary squadron at sea , should act in earnest with us , and vigorously second us in humbling the enemy ; but if they made any considerable conquest in the dutch territories , which , according as they had laid their measures , they supposed they could not fail of , then they were to observe the cautions since practised by them ; for that their interest required no further , then that we should with as much damage to our selves , as might be without advantage to the hollanders , divert and debilitate their force ; but to suffer us to be absolute masters of the seas , or of but one maritine place on the belgick shoar , was too great an error in pollicy for them to commit ; but in case there were an appearance , that our fleet , notwithstanding their base prevarications should master that of the dutch ; and that at the same time their armies by land made progress in the conquest they thought themselves sure of , that then they should by their emissaries , both in our court and countrey sow jealousies , but more especially to propagate a strong suspition of the duke's having embraced the roman religion , which they were sure would work the same , if not a greater effect , then the publick certain knowledge of it could do ; for it would cause such factions and divisions therein , and such an aversion to that prince , that he should be forced to yield up his command into other hands , and to alienate them from the quarrel , that it would most effectually hinder the english success from passing the bounds they intended them ; and hence would arise such a disreputation to the king , and such a dissatisfaction in the people in general , as should conjure up such devilish factions , as with all the art he had , he should never be able to lay quiet enough to leave him at liberty to act any thing considerable against the french interest ; in case he should attempt that way , to regain his subjects confidence and esteem ; and consequently would deter him from the very thoughts of disobliging such a friend , and quitting such alliance , of so near , so present , and of so potent a protector , as the french king had made himself pass with our deluded prince , against the so much dreaded practices of the republicans , which those emissaries still took care , tho' covertly , to represent in the frightfulest colours , their most romantick inventions could supply them ; and so , with my humblest respects to your lordship , concludes , my lord , your lordships most humble servant . paris , march . . letter xxviii . of the success of the french arms against the united provinces , in the year , . their further resolves to elude us , and their wheedles to induce the amsterdamers to yield . my lord , the states being at length roused up out of their sleepy security , and beginning to dread , that notwithstanding all the french wheedles and delusions , those vast preparations by land , and the lasie movements of their armies , boded no good to them , did by their embassador at paris , who was a son of hugo grotius , offer the french king all the satisfaction imaginable ; but that haughty monarch had concerted his measures so well , and thought himself now so sure of his game , that all their offers were laughed at . your lordship knows well enough , what a bustle was made in england , by summoning of the east india company to give an account of the insults of the dutch upon their factories , since the peace at breda , ( who answered , and gave it under their hands , that they knew of none ) and such other stuff as that was ; yet the french king did not think fit to trouble his brains with any such pretensions ; but his chief motive to undertake this war was , that that state did eclipse his glory , and must be humbled , &c. and accordingly gave his armies orders to enter the dutch territories . i need not recite to your lordship , the success he met with in his enterprize , and how like a torrent he carried all before him ; how rhinburg , dossery , deudek●m , rees , wesel , emerick , doesburg , turesume , nimeguen , swoll , daventer , grave , arnheim , skinenschon , creveceer , fell quickly into his hands ; and coventer to the bishop of munster , his confederate ; and the greedy monsieur now began with an amorous eye to look upon amsterdam , which he did not question but to be speedily master of , and it was the least of his intension to allow our king any share or part of the repartition before concerted on between them ; and tho' it were privately suggested unto him , by a grave minister that attended him , that if he proceeded any further , he doubted his conduct would be contrary to his interest , as tending , how much soever he doted on their friendship , to alienate the king of england's affections from them by degrees , and convert the confidence he had in their sincerity , into utmost detestation ; especially the main charms , being by the death of his principal charmeress , his late lovely and beloved sister , in a manner dissolved ; and tho' he should be over-awed by other considerations , as to smother his resentments ; yet it would so loudly awaken the old aversion of our nation against them ; that far from being able to continue much longer in league with them , it would be impossible for him , during such a juncture , and under such provocations , to contain his irritated subjects within the bounds of a stupid neutrality , or restrain their fury from recoiling upon himself and the royal family any other way , then by letting of them loose upon the french ; and suffering of them to wreak their revenge and long curbed inclination , in an open and vigorous war on their old adversaries , to oblige them to regorge those delicate morsels , of which they had so perfidiously and unfairly defrauded them of their stipulated share , whilst their allies and confederates : yet , my lord , excess of prosperity , had so blinded the french king , that like the emperour charles v. of austria , when he had taken francis the first , then king of france , prisoner at the battle of pavia , he fancied they had all the world now in a string ; and had partly already provided , and partly concerted such excellent salves against all inconveniencies of that kind ; that as secure , against all contingencies , or the jadish tricks of fortune , whom they imagined to be now fastned with too strong and well-contrived-harness , to their triumphant chariot , to kick against her drivers , much less break her rains ; they thought they might incontrouledly play what tricks they would with the english ; tho' to flatter us with the hopes of our repartition , would be necessary yet for a time , as it would be easie , after the reduction of amsterdam , and the entire conquest of those countreys , both by specious arguments , to justifie against our precarious plea their intended retention of the whole to themselves , and to back their usurpations by force , when once in possession : as did the lion in the fable to the beasts , who on the plausible condition of being allowed an equitable share , had entred into a confederacy of hunting with his brutish majesty ; but he , when all was done , making himself to be judge and sharer , had , upon alamode pretences , the brutish conscience to take , and by force to keep all from them : and accordingly the french , when they found that on their side victory advanced not on tortoise claws , but eagles wings , and saw themselves before either neighbours or allies were aware , masters of the best part of the territories of that distressed state , and with their swords in their hands , point almost to the vitals of it : as they were most surprisingly active , in taking all they could for themselves , most liberal in allotting our auxiliaries in their armies , their full share in the fatigues of the war , most false to the faith of our mutual league , by declining in their turn , to second those advances we were ready to make towards the like success ; and in fine , most perfidiously busie in casting rubs in our way , as i have before hinted to your lordship , to balk , and in planting those lights to misguide and shipwrack our designs : so by their conduct , as well as minutes , it did appear , that they intended not to stop there , but that after those stupendious progresses that favoured their beginnings : it was resolved by them , to push on their conquest to the utmost , without demurring upon any points or scruples relating to us , even into those parts belonging to our repartition ; and especially to seize on amsterdam it self , if possible , before we could reflect on , and much less oppose so sudden an exploit ; which , capture alone , they , not without reason thought , would be succeeded with a voluntary cession of all the remaining places and provinces , and with the accession of the most part of the fleets , merchants , and colonies , of that potent republick ; who would not fail to conceive , partly , for fear of losing otherwise their whole proprieties in the moneys and effects le●t by them , in that great magazine of both hemisphears ; and partly to enjoy the pretended liberties and immunities , mighty priviledges , and other prodigious advantages , with which their agents contrary to their league withus , had already privately tempted , and had instructions further , to allure those industrious and thriving people with , to come over perfectly to them , and decline us : against whom their emissaries imployed so many arts , to exasperate those people ; that tho' both enemies , and the french much more formidable then we , to what by them , and all free-born people , was most prizable , viz. liberty , property , and religion , yet the english was at that time , the more hated name of the two , to their depraved apprehension . and as for our king , they reckoned him so enchanted with the opinion , both of the necessity and integrity of their friendship to him , and so intent in that confidence on his beloved pleasures , with another she-magitian of theirs newly sent him for that purpose , tempered with the most intoxicating venom , known to female arts , that they never thought he could have any sense at liberty , to mind what they did : and therefore knowing on the other side , there could arrive no disturbance time enough from the empire , to spoile their game , it thundring from thence yet , but a far off , they were moving with all greediness , their harpy-talons , to seize on t his important prey : and had without all doubt , attained their purpose in the strange and pannick terror , that at that time seemed to disable the hands , and lock up the senses , of the otherwise couragious and politick inhabitants of that famous emporium , had not divine providence just in that moment , by two most unlikely accidents , but yet most effectual expedients interposed between them and destruction , of which i may give your lordship some hints in my next ; who am in the mean time , my lord , your honours , most humble servant . paris , apr. . . n. s. letter xxix . of the massacring the de wits , the revolution in holland , and the restitution of the prince of orange to all the authority of his ancestors ; with offers made him by the french king , of the soveraignty of the united provinces , and his rejection of them . my lord. in my last to your lordship , i gave you some account of the progress of the french army , in their conquest of the united provinces ; the resolutions they had taken , both to elude the crown of england of receiving any benefit by the war , to push on their own conquests , and wheedles to induce the city of amsterdam to yield to them : and i have more over hinted to your lordship , that there fell out two unexpected accidents at that time , which put a full stop to their arms ; the first whereof , i shall briefly run over to your lordship ; for while the french armies were ready to seize that important place , and that every individual person was in that consternation , that they only thought of saving their own families , without otherwise concerning themselves about the interest of their countrey ; nay , and that without staying for the french king 's sending a summons for the town to yield , a council was held in the city , whether they should not go out to meet him , to desire , he would be pleased to take it into his protection , as well as all the inhabitants thereof ; there was very great danger of their coming to this resolution ; when the divine providence wonderfully appeared , by inspiring a couragious citizen , tho' till then , no very remarkable one neither , whose name ( and perhaps your lordship ne'er heard it before ) was offe , and ought certainly to be consecrated to posterity , so as never to be left out of the annals of time ; and who was immediately seconded by another called hassenaer , to stand up alone in the dreadful gap , and with a voice like a trumpet , to awaken his dispirited country-men out of the lethargy of black despondency , with which the cowardly tyrant fear had bound up both their limbs and intellectuals , and to excite them , as the poor geese formerly did the drowsy romans , at least to make some defence for that capital , and capit●l of the batavian commonwealth , and not rashly to deliver up that great palladium , viz. the vast bank of riches therein , on which seemed to depend the state of europe , into the hand of a prince , who wanted only manacles from thence , to enfetter her ; and whose courage to attack ( said the same citizen , and i have heard the french-men themselves mention his name with many elogiums ) depended solely on the fears , which the artifices of his treacherous correspondents within their walls , more then the noise of his armies , had raised among them ; and consequently on the least shew of unity and resolution among them , would sink with their cause ; nay , continued he , rather then fall into the hands of him , who ( however his emissaries here have represented him slily to the contrary ) will assuredly prove a merciless tyrant unto us , let us call in the sea it self , whom we shall find a much more merciful element , to our assistance : and this , my lord , being seconded by the dutch mob , now astonished and confounded with the loss of their country by land , and opposed by two the most potent kings in the world by sea ; they in a rage , assassinated the two de wits , as the betrayers of their country , and causers of that same calamity , and then deposed the states , who they looked upon to be of the lovestein or de wits faction ; and then restored the prince of orange , now at age , to the hereditary authority and command of his ancestors ; which sudden and violent proceedings , did more then stun the french king ; but after a little recovery , and finding that his friends in amsterdam and other places yet unconquered , were dispossest of all authority , and that now the prince of orange managed all the affairs of the state with pensionary fagel ; he made an essay , to catch the prince in a net , he with his council , had finely spun for him , by proposing to make him soveraign of the united provinces , under his , and his brother of england's protection : i never could learn who it was they employed to the prince upon this occasion , and what arguments they induced to gain his consent , tho' they may be easily guest at ; they being never entred into their cabinet minutes ; and perhaps it was because they met with such a success upon the prince , as they did not in the least expect , whose answer was , he would never betray a trust reposed in him , nor ever sell the liberties of his country , that his ancestors had so long defended , &c. i have not opportunity to go on in the prosecution of this subject at present , but hope in my next , to make it up to your lordships content ; and so remain , my lord , your honours most obedient servant . paris , nov. . . letter xxx . of the embassy sent by king charles ii. upon the advice of the earl of shaftsbury , to expostulate with the french king , and stop his further proceedings . my lord , i have in my last to your lordship , taken notice of the surprize and indignation the french king and his council were put to , at the revolution in amsterdam , and elsewhere in the united provinces ; and how much his correspondents had deceived him , in assuring him , that all was his own in that wealthy city , and that there seemed but that one place to perfect and secure the re-union of all the belgick provinces , that renouned part of the ancient gallia to his new french-burbonian empire ( as he was advised by some to call it ) and now to see his victorious chariot in its full speed , and almost at the end of all its career , receive a check by the resolution of one puny burgher , and withall that his attempts upon the young prince of orange proved abortive ; however , considering he was master of all the places round about , and no power then on the continent , being in a posture to come to its relief , and that tho' the prince of orange were restored to the command of his ancestors , he had as good almost to have been without , in the posture his own , and the affairs of the state were then in ; and confiding still in the influence of those of his cabal within , who were men of greater estates and eminence ( tho' at present laid aside ) then that obscure burgher , and those whom the mob had advanced to their offices ; and besides , that the little vigour that seemed to be infused into the drooping spirits of the citizens , by the foresaid revolution and remonstrances , would quickly vanish , and be interpreted as a flash of unseasonable and insignificant rashness , at the sight of his formidable troops , and disappear like smoak before the sun , to whom his flatterers had taught him to compare himself ; it was resolved , the place should be reduced , if not otherwise , by his arms with all speed , to prevent any interveaning accidents , that might impede the mighty success : but seasonably came another adventure , that put a new spoke in the wheel . for , my lord , while the french court thought themselves secure of all things on our side , as having in their imagination , not only lulled the king asleep , but the five persons that made up the cabal that managed him ( and in effect , there were four of them in their interests ) the fifth man , who was that renowned statesman and true patriot , the earl of shaftsbury , then lord chancellor of england , whose sagacious head could penetrate deeper then the rest , and whose eagle eyes , the splendor of those golden pieces , streaming in such abundance from that french phaeton , and which had blinded so many others in the like station , could not dazzle , used all his efforts to rouse up our king from the heavy slumber of security , into which french sorcery had cast him ; and highly to represent to him in their true light , the fatal consequences to his crown , dignity and interest , attending the taking of that city , and the total conquest of the hollanders , tho' now his enemies , by any other , at least then english hands , and above all , by the arms of france , and constrained him by the cogency of his reasons , and vigorous representations of a speedy and brisk interposition , prest home with an importunity , that would admit of no evasion , nor allow any repose , but immediately to dispatch away an embassy to divert the impending stroke : but , tho' my lord , by his pressing eloquence , gained his point , in regard to the embassy in it self ; yet your lordship very well knows , that two of the three persons employed in it , viz. the duke of buckingham , and the lord arlington , were deeply engaged in the french interest , and seemed by their carriage at the french court then at utretch , rather as if they had been sent to promote the french conquests , then any way to obstruct them ; and because they knew my lord hallifax was honest , they did all they could to oppose his appearing and acting conjunctly with them , tho' included in the same commission , in as ample a manner as themselves , under pretence of his coming a day or two after them to the hague : and when they could no longer keep him from acting , went privately to the french camp , under sham-pretences , and had negotiations of their own on foot : but tho' my lord hallifax's vigilancy , constancy , and resolutions , could not balk theirs and the french king's designs , yet it put them hard to it , and they saw plainly , that it was the king's mind they should desist : however , the french court never forgot that noble lord , the adviser of the embassy ; whereof i shall not forget to give your lordship account in due place ; but do intend in my next , to transmit the substance of the consultation held by the french king , upon this unexpected embassy ; and so wishing your honour all happiness , remain , my lord , your devoted servant . paris , june . . n. s. letter xxxi . an account of the council held by the french king upon the embasie from england , with the resolves thereupon and methods proposed to elude it . my lord , upon so ticklish and unexpected an occasion as was mentioned in my last , a council extraordinary was held , wherein the major part after a serious and warm debate , were for their kings pursuing his first resolution , maugre all the considerations to the contrary , and to venture even a rupture with england , if it could not be avoided otherwise , rather than quit so dainty a morsel , and lose an opportunity never to be again retrieved of gaining a post from whence he might easily defie all the force of europe : but however to carry on things the more fairly for his reputation , and to accomplish if possible his design without a present war with england , whose friendship was as yet more convenient than its hate , they advised him to dispatch away immediately some acceptable and able minister to our court , with store of allamode lenitives to that sore , and to return an answer in the mean while to our embassadors full of specious pretences and promises of intended advantage to their prince and country by that ve●y expedition they were sent to diswade , and to tell them that his most christian majesty having reduced his and their masters common enemy so low as they now saw them , and such a panick terror having seized the people even of the capital city , that if it were made use of in time , must needs make the town an easie prey to him if he would advance towards it ; and so in one action put a glorious and happy end to the war , to the inestimable advantage of the two kings , and the saving much time , blood and treasure , being unwilling so precious and irrecoverable an opportunity should be lost both for his brother and himself of subduing that seven-headed hydra of faction and rebellion , that republick so hateful and adverse to kings by one lopping off with an expeditious blow , for want of complying with so rare an offer of providence ; he was resolved to follow the call of heaven and victory ; but withal did assure them on the word of a great king , and the honour he so much valued himself upon , that his brother their master had no reason to take umbrage , nor should have cause to conceive any regret at that demarch of his ; for that his reason for attacking it was that his arms were there ready to lay hold of the opportunity and their masters was not , and his intention in taking it , was only to keep it for him till a convenient garrison might be sent from england to take possession of it ; when he would with all sincerity render it to him undamaged , and without poling or peeling the inhabitants whom he should always consider as the subjects of his brother of england and ally ; and if that answer would not content them , than to reply that what he designed was too necessary and of too much importance for both kings , and particularly for their master , that if he were not imposed upon , or were but rightly informed of his own interest in that expedition , he would be so far from opposing it , that he would rather incourage him to it ; and therefore could give no other return to their instances , but desire them either to wait for an answer to the premises from their master or go home and report what he had remonstrated , not doubting but his envoy whom he had sent to england since their coming , would by that time they returned have so well satisfied his majesty , that he would perfectly acquiess in the resolutions he had taken for both their profits , return him thanks for the same , and fully repose in the sincerity he had always found in him : and therefore assuring himself as much of his majesties approbation of what he designed upon his better information of it , he should without losing any time push on his advantage while he might ; and as for the envoy he sent for england , they advised him he should be dispatch'd away immediately upon the councils rising , with the instructions they should then concert before another audience were given to our embassadors , that he might have time to tell his tale first before any letters or advise could come from ours : alas ! said they , this embassage is none of the king of great britain ' s doings , but a meer force put upon him by the importunity of some popular grandees whom he dares not displease for fear of the people ; let your majesty but send a sop to them to take off their mouthing , and then ply the king with the usual flatteries and protestations and the forementioned pretences of promises seasoned with a little salt of peru , and you need not doubt but his credulity and indigency is great enough to swallow the bait ; and as for what he may fear from those popular men , it may be suggested that the taking of that town only will break the neck of their faction , and when it should be put into his hands , which if he durst confide in a prince whom he had reason to believe by the uncontestable proofs he had given him just before the war of his inviolable friendship for him , should be as he promised , it would quiet all mutining spirits again in a moment ; he is , credulous enough , said they , to believe shams less artificial and less alluring than these , and if after all , our flatteries should not prevail alone , our menaces will ; for tho' he be a little fearful of the resentments of his people for cleaving to us , he is more of us , for he fears their hate , yet durst not trust their affection , whereas he durst not provoke our hate , but trust our friendship as the only private fence , we have taught him to think he has , against their discontents ; and therefore a final threatning from your majesty , telling him , if he knows not his own interest , your majesty knows it , will hector him out of any stiffness , the fear of them may put him upon against your designs at least : tho' you cannot with his embassadors here , you may by yours with him prolong the contest long enough to gain time sufficient to effect your work ; for those inhabitants , soon growing out of hopes of succour from england as well as germany ; they will relapse into a more violent fit of despair than ever and yield . after whose acquisition it will be easie for your majesty to banter the english out of their pretences , or should they be so fool-hardy as to assert them by arms , it will be easie for your majesty to beat them off the seas , and make their country the next stage of war , when germany , spain and italy deprived once of the low-country passages , tho' never so concerned at the spectacle , would not be able to help them ; and therefore your majesty , continued they , need not be awed by any fear of disobliging them for taking in what places by arms or pollicy you can , especially this on which so much depends the conquest of the rest , which once accomplished , when the english shall demand the share allowed them by the treaty , and by your majesties repeated promises ; what plausible banter will it be to tell them , they have little reason to expect a share in the acquisition of others , who when they might , have made none themselves , but rather have been prejudicial to the common interest by their unseasonable and unreasonable divisions , of and in which , &c. said they , we have sown such seeds as cannot fail production ; and in their great council of parliament , &c. that the true purport of the treaty was only conditional , allotting each party such and such a share in the countries projected to be conquered , upon supposal that they should attack and subdue each of them their respective proportion ; and therefore that it was ridiculous in them to pretend a claim , who had made no conquest , not so much as of any one place , and had been so far from landing on the enemy , that they had not done their duty at sea. and in fine , added they , to compleat the farce , how specious a conclusion will it be , to assure them however that your most christian majesty to manifest to them how religiously punctual you are to your promises , will take no advantage of their failures or their misfortunes , but provided they will give your majesty a reasonable consideration for the expences of blood and treasure you have been at in the taking and keeping of them , for them in a tenable condition ; you are ready to order them livery and seizing of them according to the letter of the treaty and your own repeated promises , for which pretended expences , persued they still , your majesty may instruct your ministers to demand such excessive sums , as you know they neither can nor will disburse . and as for their asserting their claim by a war , after your seizing of amsterdam that great magazine of the dead riches of europe and both indies , and of warlike provisions both by sea and land , and the total reduction not only of that potent republick of which it was the head , but likewise of the living sources of treasure both in the east and west , by making their great fleet , merchants , colonies , and commerce all your own , which cannot but clear your way to guinea and peru ; what stomack , said they , can the english after this have , by taking of their out-works the low-countries , debarr'd from all assistance from italy , spain , and germany , if in their right senses to have recourse to arms. alas ! what power to attempt any thing but what will move your pitty more then your indignation ; nay rather what greater ambition will be left them than to court your majesty by an easie and voluntary submission to receive them as honourable tributaries , thereby to retain a shadow of their ancient government and liberty , without incurring the certain destiny , by an impotent and fruitless resistance , of being forcibly reduced into a province of your growing empire ; to which the roman eagle it self abandoning the defenceless towers of austria , shatterred both by eastern and western hurricanes , for the better preserving and re-establishing its ancient state and majesty , will then be glad to retire . this may be your majesties method , continued they , to preserve peace a while with england , or stave off at least the war , till your present grand design be accomplished ; and these your measures how to deal with them afterward , in case they suffer you quietly to atchieve this important conquest ; but should we be able by no art to buoy up the king of englands spirits against the head-strong opposition of the popular party about him ; nor so much as to delay a rupture , nor to hinder that violent people from immediately declaring against us ; yet all considerations on all sides duly weighed and perpended , it will be much greater and more certain advantage to your majesty , and of much less dangerous consequence to your affairs in general to venture a war with them now about a town , which with all they can do , they cannot assist time enough to rescue from you ; and by whose acquisition against their wills you will not only be quit of all their pretentions , but gain power to crush them too at pleasure ; than after you have for fear of them quitted so great a conquest , to have a war in a little time after both with them and all the rest of europe , not only without those advantages , but with the greatest disadvantage imaginable , as without setting on work an hundred expensive and troublesome intriegues you now will have no need off , your majesty will certainly have then , notwithstanding all pour complyance to them if you quit your present design , for , said they , suppose upon your proceeding to the expedition in question , the english declaring a sudden war against you should cause the amsterdamers to assume courage enough to repulse your arms , how easie were it for your majesty upon advantageous terms to clap up a sudden peace with those distressed people , and by returning out of their country to pacifie all those powers now preparing against you , and then with your whole force to fall upon the english with which perhaps too the hollanders would easily be perswaded to joyn theirs , as glad to see themselves delivered so unexpectedly , their old enemies drawn so genteely into the snare , and so fair an occasion put into their hands to revenge themselves on that rival nation for joyning with us against them , with which it will not be amiss however by your envoy to threaten the english king ; nay and how probable it is that the popular party in england would on that occasion favour the hollanders to keep down absolute power , and to preserve their religion against the aspiring duke and popery ; all which they strongly feared would have come in at once upon them after the ruine of that protestant state ? at least , said they , how effectual may it be to let you majesties envoy add that threatning amongst the rest to the king of england . but alas ! continued they , it is but a matter of meer speculation never likely to come to pass ; that any thing the english can do at present should , as the posture of their affairs are now in , hinder your majesties taking that city , whose richest and eminentest citizens being already gained to your party , the very terror of your majesties navy and the appearance of your forces , will quickly open it unto you ; notwithstanding the weak opposition of a party formed in a tumultary way among a mobile by a few particular , biggoted citizens , who at the noise of your cannon would immediately turn to the other extream and cry out , as loudly for a surrender . and as for the english , said they , our emissaries have been so busie and so successful at amsterdam , that it can never be thought , what ever good opinion they may have of the people of england , that they can be induced to confide so much in their king , whom they have so personally and so grosly affronted in all that can be sensible to a prince , and whom they know so much frenchified , as to think he can heartily intend them any good ; or that they can expect any milder terms of subjection under him , either in respect of religion or property , then under your majesty ; since they are daily , and by very good tokens assured that he is privately advanced already towards rome as far as the other , and waits only the subvertion of their republick to assume every whit as despotical and tyrannical a dominion over his subjects in both respects as the french monarch had over his ; or in fine , that they had so great an opinion of his power in that posture of affairs as to think him able to rescue them time enough , or remove the french from them if he went really about it : and consequently that in the great consternation they then were in , and the little hopes they had of the slow forces of germany ; and the distrust they lay under both of their own strength and of the faith and power of the english , together with the apprehension they were possest with , of losing the great riches they had there by an obstinate resistance which they might secure by a timely composition ; they would undoubtedly submit upon the first summons of his majesty or any famed general of his at the head of a considerable body of men , especially when his majesty should offer them such advantageous conditions , as they advised him to do , the more effectually to avert them from all thoughts or temptations to close with england , and to propose to them : that matters of religion and commerce should remain in the same state ; as also the priviledges of their companies , collonies , &c. that they should have the priviledges of natives , in all the other dominions of france , with many other sugar-plums ; to the exact performance of which it was not to be questioned but they would easily give credit , since to that time his honour was entire , and had no ways been stained with any gross infidelities , and that the protestants , then enjoyed no small liberty in his dominions . and when you shall be in the possession of the place , all these specious promises need not hinder your majesty , said they , from seizing however as much of their treasure as your interest shall direct you to take , nor from putting such other restraints upon them as you please , for which they gave him such expedients as were thought proper and necessary for to elude the advantageous and specious conditions , by which their over-credulous inhabitants were to be wheedled out of their precious liberties . in the last place they laid before him the many and grand inconveniences , which by letting slip such an advantageous juncture would unavoidably follows , which they represented , as much more in number , and of vastlier greater consequence , than those that could possibly arrive from his pursuing it ; for , urged they , if your majesty let go this opportunity , it will not only be said of you , as of the great hannabal , that you know how to get , but know not how to prosecute a victory , but the same fate will likewise befall you ; this despised and almost oppressed enemy will recover strength and courage , the germans and the house of austria will come into its succour , you must quit your present conquests to oppose them , and your present allies on the continent will forsake you ; if you be beaten how disadvantageous and perhaps fatal must the event needs be to you , and if you overcome , yet how far will you be from a compleat conquest , or from making that advanced and assured progress towards the erection of a new empire ; as you would do in the taking that one place , whose gates tho' they belong but to one city , would let you into the possession of the most valuable parts of the earth , and furnish you with the nerves of war , which thereby would be cut off from the rest of the world. i was not willing to give your lordship an account of this consultation by piece-meals , and that has made me so tedious , who am , my lord , your honour 's to serve you. paris july . . n. s. letter xxxii . of the confederacy entered into for the defence of holland , of the prince of orange's success against france , and of the methods used by the french to hinder the king of england to make peace and joyn with the dutch , by removing my lord shaftsbury from being chancellor , &c. my lord , there was hardly a prince on the earth worse served than our king and paid more , no less than three embassadors to make up the embassy mentioned in my last save one to your lordship , and yet two of the three concurring with the french designes to the ruine of hollund first , and so consequently their own native country next ; so that the poor hollanders , as your lordship may well remember , were forced to save their country from the french ( who pursuant to the last advise were ready to devour it ) by losing it in the sea , in breaking down the dikes the last extremity and the only remedy they had left them ; for this gave them time to think of their affairs , and this first brought the elector of brandenburg , then the emperor , and at last the king or queen regent of spain , as apprehensive of the common danger to all of them in general by the french subduing the dutch provinces , to enter into a mutual league for their defence ; and by their conjunction , the prince of orange who had all this time struggled with the hardest destiny that could be , and lay neglected by his uncles as if they had no share either in his good or bad fortunes , recovered several of the upland towns in almost as little time as they had been taken by the french , and like another scipio having joyned montecucucli the emperors general in the dead of winter , and so carrying the war out of his own country besieged and took bon , the residence of the elector of cologn , and thereby did cut off the comunication between france and holland ; whereby the french were necessitated not only to quit their conquered towns by heaps , but he also opened a passage for the imperial forces to joyn the dutch and spanish ; but tho' neither the sence of his own true interest , nor the tyes of consanguinity to the prince of orange could induce our king to come to the rescue of holland , which notwithstanding the princes bravery and success was still but in a pitiful plight , as having but newly recovered their drowned country ; yet the french had an incurable jealousie of him , the remembrance of the forementioned interposition by his embassy was still fresh in memory ; and as that fell out when they least expected any such thing , so they considered a peace might be struck up in as sudden and surprizing a manner , and therefore they set all their engines on work to hinder it if possible , and in the first place knowing that great person who had the influence over the king to procure such an embassy , and might also by the same arguments induce him to make a much hardier step , and force him at last in spight of his own inclinations , or of french menaces , as well as of french charmes , not only to a peace with holland , but even to a war against them ; they therefore left nothing unessay'd , or stone untur'd to get him to dispose of the chancellor's place , tho' it was well known the king himself upon a certain occasion had given his testimony of his being the wisest subject he had in his dominions , and seemed at that time to value him accordingly : i cannot positively inform your lordship , by which of their instruments it was done , for i never could find it was inserted in the minutes ; but i have heard it generally discoursed at the french court , that they ploughed in this affair with the heifer they had formerly presented the king withal , and that the duke also whom they by their emissaries iritated against him , to whom they alledged that he had taken notice of his keeping off of late from the protestant worship , and talked too liberally thereof , not without some expressions boding much danger to his highness , and even levelled at putting him by the succession it self , gave an helping hand thereto . but for all they had gained so considerable a point , as the removal of the chancellor , yet fearing still the worst , they never left off their former apprehensions ; and therefore their ministers still continued with utmost application to pursue their game , both by magnificent promises and offers of money , and some menaces a la sourdene ; but with instructions after all their industry , if they could not succeed in obstructing the peace , yet not to fail to elude it , which how well they succeeded in the first for a time , and when that could not be warded off no longer , how much more fortunate success they have had in the latter i shall endeavour to make your lordship acquainted with at another time , when i hope they may be no less grateful to your honour's gusto , from him who desires to approve himself to be , my lord , your obedient servant paris octob. . . letter xxxiii . of the negotiating a marriage between the duke of york and the princess of inspruck in germany ; how that match came to be broke off ; and how the french gain'd their point in marrying the princess of modena to him . my lord , things continuing in the same posture i mentioned in my last to your lordship , between england and france , the latter having the full ascendency over our king and court , to keep them from the peace with holland , and to enter into a war in conjunction with the rest of the confederates against them ; and the duke of york happening to be a widower , who was entirely , as they thought , in their interests at this time , which was the year . there was an intrigue started up and carried on , that in all appearance was ●eady to break the thread of all their contrivances , and irrecoverably to overturn all they had been so long and with so much pains about ; but another as lucky a hit interposed timely in their aid , which salved all their drooping interest in our court again sounder than ever , tho' like the beast in the apocalypse , it seemed to have received its deadly wound ; for when a negotiation was now not only set on foot , but in a manner concluded , for matching our duke with a princess of the austrian family , an alliance which would certainly have broke the neck of all leagues with france , and make england once more the ballance between those two mighty powers ; i say , just when a match was concluded with a princess of the house of austria , and nothing seemed remaining to the accomplishing of it , but celebrating the espousals , and bringing over the lady into england , to remain the gage of a close and lasting alliance , between the royal stem of england , and that illustrious and potent house ; and the monsieur at biting his nails for spite to see his interest there desperate and past retrieval ; it most luckily happened to him , that in that very interim the empress died , and the emperor coming to want a confort , and finding no other worthy his choice , according to the usu●l practice of the austrian families , whose branches intermarry frequently with one another , he retain'd the lady for himself ; and so defeating our prince of his spouse , and putting of him in a new quest , gave the french an opportunity to prosser him a female , who they knew descended from a right intriguing breed , and would be sure to do their work throughly , and thereby not only renew , but make sure against all events that alliance that hath since proved so pernicious to all europe , and so vexatious to the one , as well as to the other of our princes : this match they knew might be of great importance to them , not only as to the promoting their ambitious ends in england , but in italy too ; and if they could once ensnare the duke into it , would as fixedly tie him to their interests , as it would infallibly lose him every where else , and engage not only the protestant subjects of these kingdoms , but even all the other powers of christendom , as well of the roman communion as the reformed , to oppose his future elevation , that so he might be wholly dependant upon them ; she being a lady , not only italian by nation , but a relation of the pope , ( and in that quality most odious to england ) and also of the late cardinal mazarine ; and in a word , of a prince pensionary to the french , and an adopted daughter of france ; which last quality they honoured her with , to render her compleatly hateful to all the world , besides most liberally paying her portion , pentioning the king , and greasing the ministers to have the parliament prorogued , that in the interim the match might be huddled up with all the precipitation imaginable , for fear upon the least delay , by contrary sollicitations from the austrians , or any other potentates abroad , ( or any black ) and grumbling clouds at home , the unstable king might be over-persuaded or frighted from letting his brother go on with that destructive alliance . these , my lord , were their contrivances and precautions upon this subject ; and they succeeded so well in their endeavours , that mauger any reasons the king might have to the contrary , or any opposition made by some few then about him , that match was concluded , from which england may in a very great measure date the commencement of her ensuing grievances ; and which , according to the parliament's prediction of it , caused such terrible earthquakes in the three nations already , and god almighty alone knows what the dire effects may be , and where things will terminate at long run , though it may at the same time prove better than our fears . for after it was once done , they cared not what storms it produced amongst us ; for if the endeavours of an alliance cemented with so charming a female , unwearied in enticements , could not allure , nor the sug●ed professions of a constant amity and protection , besides the powerful spells of continual supplies of money , engage sufficiently ; yet they were confident the troubles it would cause , would necessitate him for self-preservation to keep close to their interests , and to be content perhaps for the preservation of the rest , to give them part of his estates , whenever it should succeed , and make them executors of his will ; or at least , at all adventures , keep up such divisions , as by the care they would take to balance the respective parties concerned in them , would both divert and disable the nation from exerting their resentment against them to any great purpose . these , my lord , were the improvements they proposed to make by this match , and herewith i shall conlude , who am , my lord , your lordship 's very humble servant . paris , aug. . . letter xxxiv . of the peace made between england and holland , in february / . the motives to it , and the french methods to elude it , by retaining the irish still in their service , with our courts connivence . my lord , i have formerly taken notice to your lordship of the methods and precautions the french used to keep our king from making a peace with the dutch-states ; and how they made it their business to dispossess all those , and particularly my lord shaftsbury , of the king's ear and favour , who were concerned for his and the nation 's interest , by promoting such a peace ; but though they prevailed therein , as well as in that of the duke's marriage with a female of their own chusing ; yet my lord , you know very well , they failed to stem the tide that broke in as a consequent upon that vote of the commons , octob. . . that considering the condition the nation was then in , they would not take into further consideration any aids or charges upon the subject , except it did appear the obstinacy of the dutch should render it necessary , &c. for the french emissaries had taught the king and his juncto their lesson , to wit , to give out that the dutch were full of sullenness and obstinacy , and would come to no honourable terms , and therefore there was a necessity of further humbling of them ; but now the court of england were as hasty to make up the peace with holland , as e're they were to declare war against them , which was concluded by the th of february , / but though the dutch came hereby to enjoy peace with us at sea , yet they found the pernicious effects of the valour of the english troops which continued in the french armies , and gained them several victories after that peace ; till upon the earnest and repeated instances , both of the foreign powers concerned , and of our own parliament , some redress was given to that grievance , but never a total one ; a proclamation being obtained for recalling our forces from the french service , which yet was construed not to extend to the irish nation , who after that , by that foul connivence of our king , not only continued there in bodies as formerly , but drew over recruits from time to time , and were most highly cherished and caressed , as indeed were the irish nation all along , with a sensible difference above the english and scotch , especially when a war was expected with us ; they having a secret design upon that kingdom by one method or other , ever since their first drawing our king into league with them ; which they did not obscurely intimate , when by way of encouragement they would now and then say to the irish roman officers among them , as likewise to other qualified gentlemen travellers of that same nation . that the king their master had an esteem of them above all other nations , for their ant●quity , generosity , and invincible con●●●ncy to their old religion for above a century of years after their masters , the english had ab●ndoned it , and that the scots and the w●eish britains , by the contagion of their example , with sufficient derogation from their former unviolated claims to antiquity and unconquered liberty , had done the like ; and would assure them from him . that the time would come when he would shew them marks of his esteem , by conferring the hereditary guard of his own , and his successor's persons on their nation , instead of the scots , who were now departed from their interests ; and that as a catholick prince , and the guarantee of their treaty with king charles , when in banishment , for restoring to them their estates whenever he should be restored , he would see them righted , and would one day free them from the tyranny of the english nation . but notwithstanding all underhand compliance of our court with that of france , as our peace with holland had already displeased them , this recalling of our troops , as partially executed as it was , quite put them out of humour ; so that though they durst not shew their resentments too far , for fear of increasing the evil they fretted at ; yet they did what they could by allurements to debauch , and by hard usage , and all imaginable discouragements , both to deter as many as they could of our soldiers from paying obedience to the said proclamation , and to disable those who were fixedly bent to return , from being serviceable to their king and country . among the rest , mighty advantages were offered to my lord dowglas , afterwards earl of dunbarton , to intice him to stay ; and some time after he was gone , upon hearing he had no preferment under his own king , by reason of the severity of our laws against men of his perswasion , there were very great rewards proposed to those they thought had any influence over him , to perswade him to return , and particularly to my self , in case i could find any who could so far prevail over him ; but all in vain ; yet most of the irish remained to the last , and were very serviceable at the brisk action of gyrone , and on some other occasions ; and after the fear of the war with us was blown over by the tempest raised among our selves , whilst we blinded our parliament and people by seeming to observe exactly the articles of neutrality agreed upon between our king and them , they for a long time , and even till now , have refused to receive any english and scotch officers and soldiers to their service ; tho' contrary to their allegiance to their king and country , several of them , and some of them romans of tried affection , proffered themselves , yet still as many irish as presented themselves , were readily entertained . and thus , my lord , tho' these subtile politicians missed of their first point in hindring our peace with holland , they succeeded but too well in the second , through our court's weakness and base prevarication , which was eluding it , by corrupting our neutrality , with such a partiality on their side , that it was an honey-comb to them , whilst it was but a spunge of gall and vinegar to the confederates ; but foreseeing that in time this jugling conduct of our king would make all europe murmur , and render his friendship or mediation suspicious every where ; that it would make him odious to his people , and blow into a flame those old jealousies that already began to rekindle , and afford ample matter for the emissaries of the confederates to work upon in our nations , and consequently to actuate our people so violently to a league with the said allies against them , that it would be impossible for the king , with safety , to resist them ; ( for of his good will to them , by this time they were pretty confident ) they therefore were careful to make a timely provision against an inconvenience so much dreaded by them , and to endeavour to make use of those very jealousies , fears , and animosities , whose effects they apprehended , against their adversaries , by dexterously catching them up , like fireworks before they brake , and returning them back upon our selves ; and this difficult sort of game they managed by several stratagems , of which i have neither room nor opportunity to advertise your lordship at present , but must defer it to a proper season , and remain , as i truly am , my lord , your very humble servant . paris , july . . n. s. letter xxxv . of the marquess de ruvigni , a french protestant , his being sent embassador into england ; and what the politicks of france were therein . my lord , i do not question but your lordship does remember the first time of the marquess de ruvigny's being sent envoy from this court into england , which was in the year . and which , i think , i have in one of my letters hinted already ; that he was a person very capable for such an imployment , none can doubt that knew him ; but that ever he was chosen by this court purely for his capacity , is not to be admitted of . you know , my lord , the triple league stuck then close in the french king's stomach , and that the danger religion was in , as well as property , from the progress of the french arms before in the netherlands , contributed very much to the cementing of such an alliance , which this court were labouring tooth and nail to break to pieces , and more especially to get the king of england out of it ; and to that end , monsieur ruvigny's religion , he being a protestant , highly recommended him : how well he discharged his commission then , i need not recount to your lordship , the event has sufficiently discovered it to england , as well as to holland's sorrow , and to the no small regret of some of those of his own religion and fraternity in france . it was much about six years after , that the same marquess was entrusted with another negotiation at the english court , to no less pernicious an end than the former , and i fear at long run with worse effects : they had , my lord , besides the instruments i have formerly mentioned , for some time before this , imploy'd several of their own hugonots in england , for the carrying their intrigues more effectually on among our protestants , which hugonots have been the more forward to please and obey the instructions of their prince and his ministers , in that they have believed them very compatible with their own particular interests ; wherefore they have done all they could to contribute to the elevation of the presbyterian government in our nation , which , because the same with their own , they have naturally had some desire to see established in a kingdom so able to protect them , and which had hitherto been the great impediment to their extirpation in france . but to return from this digression , for which i beg your lordship's pardon , to the marquess de ruvigny , his instructions were to endeavour to possess the protestants in general in our nation , which were now , my lord , full of fears of some secret designs a brewing between the two kings , in prejudice to their religion and civil rights too , that they needed not to be so much concerned at appearances ; that it was far enough from the thoughts of his master to make their king great to his subjects prejudice ; and that he was not so zealous for the roman religion as they might imagine , whereof he was to urge several instances and to endeavour to throw off all the odium from him upon the pope and the court of rome , and thereby make them level all their fears , jealousies , and odious reflections that way ; to the end , that by the royal church-party , who had the king's ear , they might still secure him further in their interests , and have their helping-hand to carry on those points they aimed at that way , viz. the hindring the princesses matching with the prince of orange , and the offensive alliance so much feared then and now with the confederates , &c. but this was but one party of the protestants ; his instructions also were to make a particular interest among the dissenters , and such as inclined to them at the same time , that in case they were defeated in the one , and saw no likelihood of staving off the other , they might have them ready prepared to enter the lists against the former ; and when war was ready to be declared against france , to push them on , if possible , to raise a civil combustion at home , and to insinuate into them ; that the king , his master , was willing privately to assist them as his predecessor had done theirs in the late civil wars upon occasion , &c. in which sort of negotiation the marquis was effectually enough seconded by his countrymen - hugonots then in england , and particularly by a man of singular parts and learning , and exceedingly well versed in intriegue , named monsieur — but on the contrary , in case they should have been able by the royal party to have been strong and successful enough to gain the two said points , and hinder both the match and the war , which was their business , and is still in part , to oppose ; they had orders to have the same dissenting party still ready , when king lewis , and his cousins of england , should have had that part of their ends of the conforming party , to make use of them against them , if they would not humour them so far as to suffer themselves to be carried quite back to rome . and because all our protestants , however differently denominated , should take no umbrage at any of this court's proceedings , they thought fit once more , to let their sun , as they so often term him , to cast some warm beams on the hugonot party at home , and to entertain them awhile with some cour●ly smiles , whereby they have designed to amuse our people , and at the same time make their own protestants to be their instruments to carry on the divisions of those , who , while united , are their only protectors ; for hitherto , while they have had war with the confederates , and chiefly with holland , and are in fear of one with england , it being yet out of their power to destroy these people , they have thought it their interest not to exasperate them , whereby they may be tempted to run over to the enemy ; but rather for the present to court them , and make them serviceable unto them , by working in the very mines which in all human probability are designed to blow them up withal ; i will not intrude — when captain e — returns , i should take it as a singular favour to receive a line from your lordship , and particularly your . sentiments of our home-affairs , by him , whom i shall expect with utmost impatience , who am , my lord , your lordship 's most humble servant . paris , iuly . . letter xxxvi . of prince lobkowitz's being disgraced by the emperor for corresponding with the french about the year . my lord , your lordship cannot be ignorant , that during this intrieguing in england , and canvassing of designs against our king and kingdom , the war went on on this side with various success ; but i find england is not the only country that has been bubbled by the french emissaries , and had its secrets betrayed ; i cannot tell any one part of the confederates that have been exempted ; but germany more particularly has suffered in this kind variously , but in nothing so remarkably as in the business of prince lobkowitz's being disgraced some time since by the emperor , and which has made so much noise in the world , that your lordship could not but hear of it : that he corresponded with this court , there is nothing more certain ; though when the business was once winded , their emissaries thought it adviseable to be the first rumorers of it , but related the same with particulars so extraordinary , that were scarce credible , that thereby they might turn the whole at length into a ridicule : but the way of their correspondence with the said prince , and others in the empire , was so intricate to be fathomed , that 't is no wonder the matter has been as it were dubious in the world to this day ; for little did the councellors of state , and other princes and grandees at the court of vienna think , that those very jews who sold them jewels , pearl , and other rich moveables , were wont at the same time to bring and carry letters to the forementioned prince lohkowitz , and other vile traytors to the emperor and empire ; and though these sort of vermin have been banished the emperor's territories and dominions , yet for filthy lucre-sake , to which they are addicted above any nation or people under heaven ; and to serve the french , whom above any other they value for the reasons i have formerly given your lordship upon another occasion , they make no scruple of assuming those shapes which they outwardly would most seem to abhor , and whose principles they have disbeliev'd above these sixteen hundred years , i mean christians , and to this day drive on the old trade . but our private minutes relating to this country , and which i have had the opportunity lately a little to inspect , tell us positively , that at least two of the emperor 's own confessors of the iesuitical order , the much more dangerous traytors than any other could be , were guilty of the same crime . the next year after the disgrace of this prince , happened that memorable success the emperor's forces had upon the rhine against the french ; but it is no less memorable after such a signal victory against the mareshal de crequi , &c. that montecuculi , the imperial general , should , after he had besieged sabern , and was in a fair way to carry the place , so suddenly rise from before it , re-pass the rhine with his whole army , and leave the french , after all , wholly in possession of alsatia , where he might easily have wintered his whole army : the world were then , and have ever since been occasionally very busy about the reason of this action , which is very unaccountable to this very day ; it was whispered then , that montecuculi was so far from offering to do this of himself , that he had express orders from the emperor , or at leastwise from vienna , to do it , and which he obeyed with a great deal of reluctancy and ill-will ; but little have the world thought that it was chiefly the influence which father la chaise had over the emperor's confessor , that produced those positive , though most noxious orders ; so far the minutes mention that affair , and no farther . i would not have troubled your lordship with these foreign affairs , had i been supplied with any that was domestick ; though , i hope , they are not so unacceptable , but that you will freely pardon him who is desirous to serve and honour you to the utmost of my power , and remain , my lord , your humble servant . paris , june . . n. st. letter xxxvii . of the french ambassador's , the mareschal d'estrades , and monsieur colbert's instructions , to attack sir william temple , and pensioner fagell , to engage the prince of orange into the french interests , and to promote the peace . my lord , this court have left no stone unturn'd , neither in england nor holland , in order to the winning of the prince of orange over to their interests ; but they have met with more constancy , in him than could be expected from a young prince of his years , which has plainly manifested him to be an inheritor as well of the vertues , as of the fortune of his great ancestors ; and when they found there was nothing to be done with him directly by any of their own emissaries , they resolved to attack him in the most sensible part , by the ministry of two persons whom they knew he as much valued as any other on this side , and they were the english ambassador sir william temple , and monsieur fagell pensionary of holland . their agents , in this hopeful business , were monsieur colbert , and the mareschal d'es●rades , their plenipotentiaries for the treaty of nimeguen , who quickly began their attack upon sir william , according to the instructions i find they had given them . i. to insinuate slily , what a value the french king their master had for his person and character ; and that therefore during the course of the negotiation they were to enter upon , they had orders to make their application to him ; that they knew how much he was in the confidence of the king his master , and of his chief ministers , and therefore how filly qualified he was to put the finishing-stroke to a treaty he had had the greatest hand to set on foot , and of which he must needs reap all the glory ; that he might reckon very much upon the facility of the king their master in that weighty affair , but yet so far still as to have a just regard had to the great successes of his arms during the war. ii. they were to make a mien of their being fully possest of the states great forwardness to strike up a peace , which their allies must comply with , tho' they might for a time retard it ; that therefore the only way they could see for to give europe tranquillity , was for the prince of orange to interpose his authority , which was so great with all the allies , that they were very well satisfied in their willingness to agree to whatever terms he should be resolved on , in proposing the peace : that therefore in order to bring that grand affair to an happy and sudden issue , it was their opinion , there was no other or better way for it , than for his highness first privately to agree with france upon the conditions , and what each party's proposition should be ; and when that was once done , afterterwards , in the course of the treaty , which was to be supposed , could not spin out to any great length of time , then to draw all matters by concert together to the scope agreed upon between them . iii. to seem very confident this method would do ; but that if it should so happen that the unreasonable pretences of the allies should obstruct or delay a general peace , that then the prince might make use of the usual temper of the states to bring it to a sudden issue , and make a separate peace ; that if the prince pursued this method , it would be in his power to do great things for himself and his family , for which they were to produce as many instances as they could of parallel cases ; and that as for what concerned the prince's own personal advantages and interests , the king their master had given them full power to assure him , that he might set down his own conditions , and they should be accepted . iv. that tho' they had many others to , make these overtures to his highness , some whereof they were also darkly to intimate , yet that they were to pursue their master's orders , which was to apply themselves to none but to him , if he thought fit to charge himself with it ; that they were very sensible of the credit and confidence he was in with his highness , and how much deference he had to his judgment in what concerned the publick interests of the allies at that time , as well as his own ; and that if he would effectually espouse that affai● , he might reckon upon what he pleas'd himself from the generosity of the king their master , whose constant character it was , never to let the least merit go unrewarded . but if it should so fall out , that sir william proved stiff in the matter , as it seems he did by the sequel , they were to turh the same batteries upon pensioner fagel , with a variation of phrase , and complement agreeable to the person and circumstances , and more especially to try what the force of the french pistols might effect that way ; and if so be matters were carried so far as that the prince was found to give any ear to it , then he was to be rounded briskly what mighty things the french king would do for him in relation to his future greatness both in england and holland ; that for his principality of orange , he should have it restored to him again , or such a compensation nigher home , as he would reckon on himself ; as also for his lands in burgundy , and any other losses , damages , &c. nay , they were ordered to offer him a very large annual pension , if he would have complied : but half these things were never actually proposed , because the said two ministers , and the prince himself more than any , were as so many 〈…〉 , for they would not so much 〈◊〉 hearken to the voice of those dangerous charmers ; a rare instance , my lord , to withstand such great temptations , and not to be parallell'd perhaps in any other young prince of our age , as it was indeed also in the two ministers , many of which england , at this time , is not over-fruitful of ; i wish it were , our affairs would have been in a better posture than i hear they are , and i dread much worse to come . i pray god avert it , and preserve your lordship from all dangers , which shall ever be upon the heart of , my lord , your lordship 's most humble and most obedient servant . paris , octob. . . letter xxxviii . a summary of the french methods to get the dauphin made king of the romans . my lord , perhaps since all the noise of the western world , at this time is the affairs of hungary , between the turks and imperialists , the particulars whereof i need not trouble your lordship with ; it will not be amiss to look a little back , and remark what influence this court has had upon this war , and what designs they have long since hatched under the covert , not only of this , but all the other broils they have engaged germany in ; i find by patin's letters so far back as . that it was a matter then not questioned , but that there had been designs concerted to have the dauphin created king of the romans , which made me endeavour after a more particular information in that intriegue , which at last i have found to be inserted in this manner , according to the distinct heads that follow . i. all the designs which they had concerted in the wars between england and holland , for the weakning and destroying them , if possible , as i have already given your lordship a particular account of , first terminated in that ultimate end , of advancing the dauphin as before-mentioned . ii. the former wars against the confederates was attempted for the same ends in a great measure , all their designs against the spanish monarchy having a tendency that way . iii. their unspeakable pretensions in the palatinate , on the behalf of madam , the present dutchess of orleans . iv. all their open and secret practices in hungary , from arch-duke joseph's being made king there ; and by making overtures to another king underhand , john sobieski by name , to oppose the emperor therein , promising their utmost interest to get that crown and country conferred on him and his posterity ; rightly judging , that if the arch-duke were balked in hungary , it was not likely he should prevail in germany . . they have now for the same end , their emissaries in turkey , being partly jews , and partly jesuits , who incited the turks to begin the war , and to push it on even to the capital of the empire ; and did at the same time , by other agents , both in poland , and at venice , all they could , that they might hinder those countries to come into the confederacy against them , as thinking themselves cock-sure , that if vienna had once been taken , the german princes would have been in such a consternation , that as the only remedy , they would have called in the french power to oppose against such a dreadful inundation of infidels as would thence have followed ; and for which they could have done no less than to have declared the dauphin king of the romans , and have made the french king guardian and protector in the interim , of the emperor and empire , especially having the electors of cologne , mentz , and triers , either inclined for , or over-awed by them , and it being easy in that juncture to have forced the rest : this , my lord , is the substance of what i have found they have projected upon this subject from time to time , as the circumstances of affairs gave way and occasion and nothing more certain than that they have had it all along in their view , to advance the dauphin to that dignity , which they have hitherto failed in , and i hope ever shall . i did not think to have entred upon this subject , which is also somewhat remote from the affairs of our own country , but that the sight of the forementioned author excited my curiosity , and the fondness of the discovery made me also fond to communicate the same to your lordship , tho' perhaps no very grateful part , which yet i trust your goodness will pardon , in him , who is , my lord , your very humble , and obedient servant . paris , jan. . . n. s. letter xxxix . of don john of austria's being hindred to take upon him the administration of the spanish affairs in the year . my lord , it 's not long since i have given your lordship an account of the advances made by this court towards a peace ; but you know , since that , the war went on with various successes ; and perhaps your lordship has heard of the business of don john in spain , how he was prevented from having the administration of the affairs of that country , by a letter under the king of spain's hand , when he was just going to embark for the relief of messina ; there was at that time an expectation in the confederates of mighty things to be perform'd by him to their advantage , and the preventing him from a share in the government , was esteemed generally to be a french trick , and so it was ; but i believe the confederates were guilty of a grand mistake in their expectation of him ; for the french memoirs say , don john was perfectly their creature , and that it was the violent hatred of the queen mother of spain , as well as a jealousie to have her own power invaded , that put him beside the administration ; that it was through his means the matching of the king of spain with the emperor's daughter was put by , and that with the duke of orleans's daughter effected ; and that he was going to act mighty things for the french interest , for which he had large promises made him of their powerful and effectual assistance to obtain the crown of spain for himself , after the decease of the present king , upon condition he should quit the spanish dominions in the indies , low-countries , and italy , to the crown of france ; for the performance of which , they had sufficient assurances from him . i am further to observe to your lordship from the said minutes , that they have attributed his death to a dose of poison administred by the order and particular prescription of the queen-mother , and that out of a fear she had he would one day poison the king her son ; and because he had against her will , been the instrument to make the french match . they further add , how true the one or the other , i will not take upon me to determine , that the queen mother's hatred to don john was inveterate ; that she had attempted once before to have stab'd him , and at another time to pistol him : as for the fore-mentioned letter from the king of spain , to stop the don's passage for messina , they say it was sent by the instigation of the duke de medina celi , then in the french faction , with an intent to make him miss that stroke , and secure him in their interests , by letting him know , that it was by their intreague he was admitted to court. i could further enlarge upon this subject , did i judge it pertinent or agreeable to your lordship's humour , as i am affraid it is not ; and therefore i remain , my lord , your lordship 's most humble ! and devoted servant . paris , july , . n. s. letter xl. of general instructions given to the french agents in england , to carry on the french designs upon the duke of york's second marriage . my lord , tho' the french agents in england have had address enough to get the match with the duke effected according to their desires ; yet foreseeing that even this point could not elude the peace between england and holland , they endeavoured to make the best advantage they could , by making a counterpoise of it to the said peace , and to a war we might afterward intend against them ; as having thereby linked the duke faster to them than ever , and laid a sure foundation for such distractions , both in church and state , as would give them large opportunity , if not to compass all the designs they had upon us , yet at least to secure themselves from any great inconveniency from us ; they were not ignorant what good effects several previous intreagues of theirs had to our disadvantage ; they saw plainly the second dutch war had much more impoverished us than the first ; and the ill conduct of it much more sunk the king's reputation , besides the divisions in the fleet , and the jealousies and factions in the parliament , and among the people , about the duke's religion , produced him great disgusts every day ; that the shutting up of the exchequer had ruined his credit ; and his majesty in proclaiming liberty of conscience by virtue of his own prerogative , and his levity afterward in flinching from it so unexpectedly , had so disobliged and wounded with jealousie the church of england , and all patriots in parliament tender of their priviledges , who held the peoples purse-strings on the one side , and so incensed with a fresh animosity the baffled dissenters on the other ; that being over-whelmed with debts , opposed by dangerous and powerful factions , and yet bankrupt both of money and credit too ; they fairly concluded he could have no other recourse but to them ; which odious remedy , they supposed , would but more and more heighten the mutual jealousies , and widen the breaches , till they grew large enough for them to enter by at long-run upon some part of the english monarchy , so famous hitherto for checking theirs above any other in europe , since the decadency of the western empire , from rising to the like exorbitant greatness : and now this more than magical dose , these quacks in policy had given us , began to work every day more and more violently , and with symptoms more visible , till almost mortal convulsions followed ; the ablest statesman we had at the helm , the earl of shaftsbury , was discarded for his vehemency in opposing the said so pernicious match , ( of which i may give your lordship an account another time ) and others of the same sentiments discountenanced ; which by the french agency , begat the prorogation of the parliament , dangerous factions and pernicious fractions even among the most zealous assertors of monarchy , and best affected friends to the royal family ; so that now imagining this master-experiment of theirs had made way for them to execute what projects they pleased on our court and people for the future , to lose no advantage for want of managers , they began to put their designs in form , which before lay somewhat perplext and out of order ; to which end they sent over their instructions to some domestick agents , whom they had chosen and placed on purpose about the new dutchess , and to their other assisting ministers and emissaries , as they thought in that disposition of both head 〈◊〉 body , of both princes and people 〈…〉 could not but succeed , and produce in due time , the full effects by their mischief-brooding , and ambitious consultations : and their instructions in substance were as follows . they were now to make actual use of the several parties they had , as i have hinted already , but as yet prepared to make tools of ; and to this purpose they were to influence them partly by french jesuited instruments , partly by french hugonot agents , and of our own nation , their instruments were to be . i. atheists and loose principled men , who yet could act rarely well the zealots for that religion or cause which they were to espouse . ii. such persons as they found to be conceited of their parts , and of mercenary spirits . iii. hotspurs for prerogative , and the church of england . iv. the fiercest spirits of the other factions . v. some bigots of the roman communion that were english , and particularly those that had been bred up , or had travelled in their dominions , and were well jesuited . vi. the leading irish papists in particular . vii . men , ambitious of greatness , or idolizers of money , and that chiefly in scotland . viii . men disgustful or disabliged . ix . men of desperate fortunes and lost reputations . of all these they were with great confidence to imploy and highly to oblige and flatter some , while they were for their turn , and disoblige others , and then when they had done with them , vice versa , to disoblige and cast off those whom they had obliged and seemed to have trusted ; and court , oblige , and receive others who were before disoblig'd , knowing how to work their ends by those they disobliged as well as by those obliged ; but yet none of these , except some of the first sort , were to know the whole of their designs , nor be informed of any thing that looked black or villanous , or seemed too directly to aim at the detriment or destruction of their country or religion , till such time as they had a long trial of their tempers , and found them fit for such attempts , or that they had got them first into such a correspondence , which , tho' in the ultimate intention was not malicious , but only an effect of zeal to their several parties , yet would , if discovered , be construed reasonable , and so keep them under an hank to them ; and then they were to put them on such barbarities and villanies as they thought necessary for their purpose ; which if they then refused , their business was to abandon them , and to imploy such instruments as were as bankrupt of religion and conscience as of fortune , and would be desperately determined to venture at any thing for money ; and by these they were to be pretended to be detected as traytors , and prosecuted as guilty of the designs which they have been only tempted to , and so were to serve all people whom they once got within their toil , as occasions and their interests did require . but i see i have already past over the just bounds of a letter , and shall therefore only subscribe my self , my lord , your lordship 's most devoted servant paris , may . . n. s. letter xli . containing the practices of the french agents , for the amusement of foreign catholicks , while they carry'd on their designs against england . my lord , it would be very strange to think , that the ministers of this court , who have had a hand almost in every thing relating to our nation , should not be concerned in the affair of the popish plot ; but it is so far otherwise , that they have been the chief managers and starters of many things which have since come to light ; nay , i am bold to say , that the very actions and intentions of almost all the instruments of the english nation , and even of some of the french themselves , were very wide , tho' villanous enough , from those of the machiavillian off-spring which set them on work . my lord , you have heard of father st. germain , and perhaps of father columbiere too , who succeeded him in england ; these were the persons , who together with their other assisting emissaries , disposed of things and parties in our nation to favour their designs in reference to the said conspiracy , and whose instructions from father la chaise , were to take upon them to inform and press upon the creatures of the pope , and ministers and creatures of other princes of the roman communion , but of a different interest from their master 's the french king ; that for their parts , they were only actuated by a zeal for the propagation of the catholick religion , and the re-union in time of so famous a monarchy to the church by gentle and peaceable ways and means , and chiefly for the conversion of our two princes so nearly related to their king in blood , and for whom he had so much esteem and affection ; and that their master being their nearest neighbour , and seated most conveniently to assist them on occasion , would with his purse promote all he could the quiet conversion of all sorts of people , that could be drawn in by the godly eloquence of their missionaries , or by the more powerful language of pensions with some , and was heartily willing to supply our princes with what was needful , or might be so , to maintain themselves against any attempts that might be made against them , upon the jealousie or discovery of any such design , and succour them by a sufficient military force too , in case they were likely to be reduced to extremity by an open rebellion of their stubborn and discontented subjects on that account ; without once pretending to so idle and impracticable a design , as some of them whom they spoke to were tutored to call it , as by that means to go about to make the crown of england seudatory to that of france , or to strengthen himself with the additional power of england , with intent to encroach afterwards upon the rites and prerogatives of the holy see , or give umbrage to other temporal enemies of that communion , or to draw any other advantage to the french from the alliance of the english princes , than to be able in the quality of most christian king , and first son of the church , to promote the growth of the holy catholick religion in their realms and dominions , and make use of their mediation and friendship , to ballance in some measure the present force of so formidable a confederacy , as was lately formed against him . that it was a thing ridiculous to think , or once as much as imagin , that whilst he was in actual war with so many considerable powers at that time , he could be so simple as to attempt england by force ; or if he were out of war with them , that he could as much as offer at so considerable an enterprize upon any pretence whatsoever , without allarming them , or expecting to be opposed vigorously by them , as well as by the other protestent powers of europe ; or that he could be thought to be so rash as to venture on such a difficult expedition , whilst he foresaw so powerful an opposition . but that indeed upon the happy conclusion of a general and lasting peace among the catholick princes , he would most willingly and readily join and concur in any holy league with them , and contribute his full proportion of forces with theirs , to so glorious and laudable a work , as would be the restoration of the kings of england to their pristine power and majesty , and the holy see to its former just authority and jurisdiction in these famous islands ; which for so many former ages had made so considerable and profitable a province of the roman church ; and therefore they were to desire and press them , not to let any particular interests which they had against their master in worldly and secular concerns , prevail with them to go about to mis-interpret or any ways obstruct their conversion of souls , which could be of no manner of prejudice to them in those other respects ; but rather readily to concur with their endeavours in so pious and charitable a work , wherein they ought wholly to lay aside all distinction of nations or interests , and cooperate as members of one body , and subjects of one universal prince christ jesus , and his vice-gerent-general the pope . with which arguments and sly suggestions , they were to wheedle all foreigners to at least a careless security and unconcernedness about the affairs of england , whilst they play'd their pranks to destroy both our religion and government , and make us an appennage of the gallican church and crown ; which i pray god , i may never live to see , nor my country feel ; and shall ever do so whilst i am , as i am resolved always to be , my lord , your lordship 's most humble , and most devoted servant . paris mar. . . letter xlii . the arguments of the french emisaries , for the amusement of some of the native papists of england , &c. that their designs in regard to the popish plot , might not be prevented . my lord , how far the subject-matter of my last to your lordship hath relished your palate , i am altogether ignorant , but adventuring for once to presume its having proved grateful , i have in this , as it were , subjoyned those instructions the french agents have received for the amusement of the native papists of england , in order to the carrying on of their designs under the covert of the popish plot , against our native country ; to them therefore they were to use in substance the same pretences as to the other , but with some further additions , as , that the king and the duke of york , were both certainly gained over to the church of rome ; that the most leading-men of the kingdom , and the men of most power and interest both among the clergy and gentry of the church of england , were popishly inclined , and would without all doubt , come galloping over tantivy to the church of rome , when it should be a proper time for the king to declare himself upon that head ; as being well convinced , that monarchy and prelacy had no other way to defend themselves against the restless and violent practices and efforts of the sectaries and republicans , and others their adherents in the kingdom , but by seasonably re-uniting with the roman catholick party , from their unjustifiable separation and schism , from whence innumerable , incurable and endless divisions , distractions and factions , had proceeded . that for their comfort and support , it was now much otherwise than in the late civil wars against king charles i. that the present king of france being in a condition to give their now sovereign king charles the second , a most powerful and numerons assistance ; and being a most generous prince , and withal most cordially and well-affected to their king as well as to their cause ; there was no manner of question to be made , but he would effectually do it , without any by-ends of his own , as soon as a general peace should give leave , by which time things would be ripe in the kingdom , to favour his good intentions to go on with the conversion of our nations ; yea , and would take care to provide a sufficient body of troops for the abetting of so hopeful a work , in case there should be any such need of force , but that it was reasonably to be supposed there would need none : for that by the help of safer methods and of mony , which that great and zealous prince would not let them want for so good a work , the number of the roman catholicks must needs be so mightily encreased in a few years , that the king might venture to declare himself in their favour ; and then by the voluntary return of the church of england to rome , their mother church , and by the very dread of the formidable power of lewis the great , who was known to be a sure and fast friend to our two royal brothers , the other dissenting factions would be so over-powered with the number of their opponents , and so terrified at their strength , that if it had not the good effect to work them up into a complyance , it would at least into such a tameness , that they would neither be able to hinder , nor have the rashness to oppose what changes and innovations the king should afterwards have a mind to make in church or state , and make them triumphant in england . and thus they were to lead them on till they had noosed them fast in a correspondence with them ; but not a word was to be told them ( till they had first sounded them whether they were fit to hear it ) of any design they had to subject england , or enslave the rest of europe to french tyranny , or of the murder of king or duke , or both , in case they found them not pliable enough to their instigations , or that their abominable ends could be compassed no other ways ; to which , if they would not be compliant , they were then by those tools to have some of their correspondence with them discovered , and have them accused as if they had been really guilty of what they were only tempted to : and so by this means all the considerable men of them , besides some rascals to make tools of , were to be drawn into a close correspondence with france , and beaten quite off from any application to rome , or correspondence with the house of austria ; sliely insinuating , that france was the only power in christendom that could preserve or support them . but the full design they had upon the nation ( as before hinted ) was a secret imparted but to a very few ; nay , it was not as much as communicated to the jesuits of the two british nations , but kept almost to the last , as an arcanum among such of them as were native french , except only two or three irish fathers , and some very few more of that same nation , whom they thought averse enough to the english name and nation , to be heartily true and constant to any foreign interest and power capable to support and effectually to back them in the bloodiest and blackest contrivances against their detested conquerors : for rather than fail , to such horrid tragedies they were determined by some means or other to proceed , if they could no otherwise effect their wicked purposes , and could have found a way to fix the crime , as they had projected , on some other party and nation . my lord , i have been tedious , but could not avoid it ; i design without a countermand to transmit to your lordship in my next the applications made to rhe protestant party upon the same head ; and in the mean time remain , my lord , your humble servant . paris , mar. . . n. s. letter xliii . of the french artifices to amuse the protestants of the church of england , while they carried on their designs . my lord , pursuant to my resolutions in the close of my last letter , without i received a countermand from your lordship , which i have not , i am to acquaint you , what this court 's maxims were , and what methods they went upon , either to make the protestants of the church of england , helpful to their designs , or at least to do them no disservice , and be no obstruction to them therein . to the clergy therefore and gentry of the forementioned church , whom they imagined there was any likelyhood to pervert , they were to alledge most of the same things as before , as arguments to perswade and induce them to return to the bosom of their church , and would argue much from the agreement in many things of both religons ; and were instructed , sometimes not only first to insinuate and then affirm the king was actually perverted ; but were moreover impudently to assert , that such and such bishops , such and such eminent doctors , such and such peers of the realm , and such and such remarkable gentlemen , for interests , estates , and exquisice parts , &c. were to their knowledge , certainly and infallibly so too , tho' at present but covertly ; and , that a greater part of their church ( whatever they might suggest with themselves to the contrary ) than they were aware of , or was easily indeed to be imagined , were of the same sentiments ; but that they were under a restraint , and durst not declare themselves to be such , for fear of the mobile , and of the presbyterians , other sectaries and republican parties , which like so many evil spirits , presided over those savage kind of animals , and stirred them as they pleased themselves , against their superiors . but to those , my lord , whom they found to be of the more inflexible sort , they were instructed to make use of great flatteries and complements , and to acquaint them , that they had a great deal of reason to love the roman catholicks , as the roman catholicks had to do so by them ; for that they had had for a long time the same common enemies ; had suffered much with them conjointly for the same royal cause in the late rebellions ; that their adversaries were numerous enough to require their united power and strength against them ; and that their subtilty was no less to be dreaded by them , whose effects could not be warded off without such a double force ; that there was much more danger to the church and state of england , and to the monarchical government , now from the sectaries , than from their church ; for it was plain to any one that was but willing to see , that it was now no more the roman catholicks interest , since they were out of all hopes of being the predominant religion in the kingdom , to act against the church or state of england , under whom they had such mild treatment , but much rather to join and fall in with them against the sectaries and common-wealth's-men , under whom they could never expect any thing but utmost rigour and cruelty ; that it being impossible for them alone to support and maintain themselves in england against so great a number of sectaries , as were with the greatest inveteracy imaginable animated against them , without the protection of the church of england , and the monarchy , tho' but by way of connivence ; it was therefore so much their concern and real interest , to pray for and endeavour after the prosperity of both parties , tho' different in perswasion , that they had no reason to fear any thing from them , nor be alarm'd at the conversions they had happened to make , which were so few and inconsiderable , as never to be able to do them hurt , had it been so designed , as it was not ; that there was no danger neither from the french king's friendship or close alliance with their king , it being the only foreign security , as matters then stood , that he could have against the intriegues and power of the united provinces ; who not only ruined their commerce by sea , but were the only people that buoyed up and supported the sectaries and republican party , and harboured and abetted all designs both against the church and state of england under the then monarchy ; it being their inseparable interest in all things to thwart the english , almost in every particular they valued themselves upon in the present establishment ; whereas , there was no exception to be made , but that it was his most christian majesty's undoubted advantage and fixed interest to cultivate by all good offices the said friendship and alliance , and to avoid by all manner of means any rupture or mis-intelligence with england , and to oppose above all things , the change of our monarchy into a republick . in the last place , continued they , whereas , there had been for some time reports spread not only of the duke's , but the king himself 's being of their perswasion , they were to give out to this sort of men , that that was only a suspicion , and , as they really believed , ill-grounded enough ; for tho' they had reason to wish them , and all mankind else , of their opinion in that case ; yet they had no such reason to think them so ; but that the king 's having shewed some favour to them upon the score of their sufferings for , and fidelity to his father and himself , and out of respect to the most christian king with whom he was so closely alli'd , for his better support and establishment against the enemies of monarchical government , was the only grounds people had had for such rumours , which were industriously fomented only by the authors of the former fears and jealousies against his father , in order to get an opportunity thereby once more to destroy the regal government : and , that they made this noise indeed against popery , but levelled it only at episcopal and kingly government , not at such contemptible adversaries as the roman catholicks were at that time of day . then as for the duke , they were to affirm , they thought and had reason to believe , he was no more a catholick than the king ; but that being a prince of an high and inflexible spirit , and heir presumptive to the royal diadem , disdained to be compelled by any subjects , either to take an oath , or give any account of his religion , only to gratifie their humours and fancies ; and chose rather to forbear acting in any publick employment : but , that for their part , as he had not yet declared against the church of england , so he had as yet made no profession of the roman catholick religion as they knew of , but took care to keep himself as much reserved towards them , as towards those of the protestant perswasion . by such sort of sophisiry and cunning artifices , thrse french incendiaries were instrumental to endeavour to keep up the stiff church party in a perpetual animosity against the protestant diss●nters and dutch party , as both of a party ; and to stir up the government to side still with the french interest against the power and growth of the one , and provide with severity against the practices of the other , in order to exasperate as much as possibly they could , the spirits of both parties against the other , and widen the breaches beyond all possibility of restoring them again . which how well they have already effected , is but too well known , and no less sorely felt in the bowels of the kingdom for me to take upon me to descant upon ; and therefore i shall forbear , and only subscribe my self , my lord , your lordship 's most humble servant to command . paris , mar. . . letter xliv . of the french intrigues to raise a good opinion in the protestant dissenters of england , of the french king 's proceedings , and to calumniate their own king. my lord , i am come to the last body of men within the kingdom , whom this court , by such like engines as i formerly mentioned , has endeavoured to manage for to serve their own turn , to the kingdom 's disadvantage , and they are the protestant dissenters ; but they were necessitated , to give the less umbrage , to change their shapes and form of expression to those of that party whom they had the design upon , and to whom they closely and warmly remonstrated ; that they had no occasion to be jealous of the proceedings of france , and be animated so fiercely against king lewis , if they would but once consider , the great liberty and priviledges which their protestant brethren enjoy'd in the french dominions ; their former assisting the oppressed protestant dutch , and other protestant states , against the bloody inquisitors , and unchristian inquisition ; the severe persecutions of the house of austria , the frequent differences of france with the court of rome , and the little power the pope was allowed in the gallican church , no more than what was titular ; and that if these things were but duly weighed , it might be more than presumed , the present french king would little concern himself , or any way intermeddle with religious contests in england : but that whatever opinion they might have of that neighbouring king to his disadvantage , which yet did but little affect or concern him , they had on the contrary much occasion to look about them at home ; and to that end , these emissaries were to promote , tooth and nail , the belief of the king and duke's being both papists ; but particularly to affirm , that the duke was most certainly of that religion , and at the same time to discover assured evidences of it ; as also of the measures concerted to bring in both popery and arbitrary power , and really to detect some measures , which themselves had as yet but only projected , or at least but proposed , and that too but to the duke only , as if they had been fully consented to , and begun underhand to be put in practice ; and having once well imprest this , they were to exaggerate the greatness and eminency of the danger , the more to alarm them ; and slily to insinuate , that an accommodation was transacting between the two churches of rome and england ; and a thousand other artifices they us'd besides , to animate each party against the other , too tedious for your lordship to read , or me to relate ; neither need i tell you how they traversed one another's designs , only i must note , sir roger l'estrange , and almost all the writers for that side , under a pretence of serving the church of england , and the monarchy , and some also of the other party , though unknown to themselves , were and are still but the unhappy tools and instruments of french jesuits and machiavillian emissaries ; who were the main conjurers , that by undiscovered spells have raised up those devils of discord , that under the names of whigs , tories , and trimmers , have so much disturbed our native country , and the lord knoweth where it will terminate . i am glad to hear your lordship hath so well exerted the caution and prudence inherent in your family in these times of difficulty , and may it be so still , which is the hearty desire of , my lord , your lordship 's most humble and most obedient servant . paris , april . . n. s. letter xlv . of the duke of york's being drawn into a close correspondence with the french court , with an account of his pension from thence . my lord , i cannot think your lordship will so much admire , that the duke should suffer himself to engage into a close correspondence with the french court , yea , and to enter into a separate treaty with them , when other things more unlikely , have been made evident enough so as not to be contradicted : i cannot tell at present whether there be any other particulars of this same treaty , than what has come within my cognizance ; but so much as has , as i hope it will be acceptable , i as freely communicate , and was in substance as followeth . first , the duke was engaged to stick close to his alliance with france , declining all treaties with those of the house of austria , and even with the pope himself , without the french king's privity and approbation . secondly , to oppose to the utmost of his power , the king his brother , from engaging in any war for the confederates . thirdly , to joyn with him , the french king , in making a strong effort to draw in , if possible , the prince of orange to embrace a separate interest from that of the states of holland ; and if not , to come over to the roman religion , at least to enter into a separate treaty with the kingdoms of france and england , under a pretence of laying a sure foundation for his own future greatness , and establish it on both sides the sea by the suppression of all factions which now disturbed his uncle , and might afterward disturb him ; and in case he proved still obstinate , to second him in all methods that might be used to hinder his succession to the crown of england , by hindring any match that might be proposed between the prince and the princess mary ; and that he should for that purpose keep off matching either of his two daughters upon several pretences to gain time till a fit juncture might come , when matches might be accomplished for them both , with french princes , or some other princes in that interest , viz. the eldest to the dauphin , and the younger to the duke of savoy , or a prince of the houses of conde or conti , or to the duke of modena . fourthly , that the duke should do his utmost to have the government of his children himself , and to have them tu●ored , if possible , in his own religion ; and if they were obstinate , in case he should sail of other issue , then they would have had him to exclude them , and adopt the duke of chartres for his heir , ( but this was only proposed ) and intail the crown thence forward to heirs male only , and to have the salique law established in england , as well as in france ; but and if he should not be powerful enough to hinder a match with the prince of orange , or some other protestant prince , ( but of the former they were most jealous , ) then to concur with them to cut him off ; but this point would not be formally assented to neither . but all points proposed were on his part easily assented to ; as doing his utmost for the propagation of the catholick religion , pursuing measures concerted for dividing of protestants , undermining of parliaments , and putting forward arbitrary counsels without reserve , and particularly to raise arms in scotland and ireland , and call in french forces , in case the king should at any time , by any motives whatsoever , be influenced to act to the french king's prejudice . lastly , the duke was to take care , that no popish clergy or layety should be imploy'd by him , but such as were in the french interests , and trust his main secrets with none but such as were french-born jesuits ; on which conditions he was to have a considerable annuity of six hundred thousand crowns , and extraordinary sums when necessary , and the circumstances of things did require to carry on any of the forementioned points , even to what he pleased himself to demand . so all things being thus concluded , he received in hand , three hundred thousand crowns of his annuity , and six hundred thousand crowns extraordinary ; and jewish bankers were accordingly imployed to transmit the money to him from time to time ; besides all which , the french king's confessor promised him a private contribution from the clergy , and others under his influence , of six hundred thousand crowns more . but notwithstanding all these mighty promises , and other more magnificent ones , that he should not want five or six millions of livres at any time , to bring a design to perfection when once he had made a progress ; their notes say , that private directions were given to feed him only with such mean pittances as would but just enable him to keep himself up , and persuade him still to go on , to perplex matters , or broviller les cartes as they term it , raise and exasperate factions and parties ; but never to proceed so far as totally to suppress any , lest he should make himself too much master , and by that means be able to set up for himself , without their further aid and concurrence , or have any money to spare and lay up for his own use , or to imploy in private cabals against them . the same method they used . my lord , with most of their other pensioners among the english popish party ; but to all their other instruments , they were most liberal and punctual , till such time as they had no further use of them , and had a mind to turn them off , and provoke them , as we have said , to use their talents on a contrary side . pardon , i beseech , your lordship , my prolixity , and interpret it for a willingness to serve you , as it really is , in him , who is , my lord , your most humble and most devoted servant . paris , jan. . . n. s. letter xlvi . of the dutchess of york's being gained entirely to the french interests : with an account of the proposals she assented to . my lord. having gained the duke over into their interests , so far as to assent to the performance almost of every proposal to him on their part , as i have in my last set forth at large to your lordship ; the next step was to bring in the dutchess , his consort , now into the same or worse noose , who being an adopted daughter of france , and of the feminine gender , they found no hard task to effect ; and after some tampering , they at last prevailed so far as to persuade her to discover to them from time to time , her husband 's greatest secrets , and would never let him rest , but be incessantly teazing him till she had extorted all that was worth knowing or communication from him ; not to fail to transmit unto them an account from time to time of the money the duke received from them , how he spent it ; to use all the influence she had over him , to perform with utmost exactness all the points of his agreement with them ; but more particularly that part which related to the duke's daughters ; and finally , to second effectually the means which they should prescribe her at any time about giving an italian fig to the king , either of the two princesses , or all of them , if it were though requisite , as the cause of religion , her own main interest of securing the english throne in the succession of it to her husband and her own issue , should necessarily require , without concerning the duke her husband at all in the said intrigue ; in consideration of her compliance wherein , she was likewise to have an annuity assigned her , but the definite sum is not mentioned ; and whether she had sons or daughters to live , she , as far as lay in her power to promote it , was to assent to have them match'd to the most apparent of the royal family of france , if there were any such for them ; or into such other princely families as were most suitable for them in the judgment of his most christian majesty ; who did oblige himself to take a paternal care of them , and would ever keep his royal word by the exactest performance . i do not question but these things are a trouble to your lordship ; tho' i am apt to persuade my self , you would not willingly be without the perfectest intelligence of them that you can get , wherein i have had the honour , and shall always think my self happy to serve you in any the least degree , and am proud of the opportunity to subscribe my self once more my lord , your lordship 's most humble and most obedient servant . paris , jan. . . letter xlvii . containing a general account of parties engaged in french interests , and of their designs ; but more particularly of one kelly a priest , &c. my lord , your lordship will not now wonder , when such as i have mentioned in some of my late letters , have plung'd themselves so deeply in french sudds , that others should be so easily drawn into their interests ; i am to acquaint you therefore , that this court had , according to their projection , gain'd the most considerable roman catholicks in the three kingdoms , by fair and specious pretences , to comply even to every thing they desired of them ; as thinking king lewis to be a most generous prince , that had no by-ends in it , but as he was most able , was most willing to promote the propagation of that religion , and the re-instating their king in a condition to protect them , out of a pure piece of honour and zeal for the catholick faith , as they were wont to word it ; who therefore most willingly entred into a correspondence with his agents and emissaries ; and some of them took pensions , but i cannot give your lordship a list of their names at this juncture ; but most of that kidney acted freely , in using all the endeavours they possibly could , to induce both king , duke , &c. to a compliance with them in all things they had instructions to move to them and sollicit for ; as they had long done themselves in the points i have already mentioned to your lordship , and which i need not repeat : but tho' they designed , if either one or both of the royal brothers should disoblige them too much , especially the king , or that any juncture of things , or grand conveniency of theirs , should persuade , to proceed to some barbarous extremity against the persons of one or both of them ; yet they thought not good to trust any british papists with any thing so black , no not so much as their jesuits , but took particular heed to reserve th●se mysteries to another cabal , having provided for that a juncto of foreigners and irish for the taking off the king , if things came to that extremity : and as for the duke , they seemed not much afraid of him , and therefore made no such exact provision , but they knew of some two or three desperate fanaticks , whom they had in reserve for that purpose , and they were of the scotch nation ; but if the king alone was to be taken off , then the dutchess's cabal in conjunction with that of portsmouth , were to engage in it ; but if things came to that extremity , as that both brothers were to be removed , then portsmouth's gang was only to be imployed , without the concern or privity of the other . and this last cabal of portsmouth's was composed of french and irish jesuits , and jesuited popish bigots . but among them there was a certain priest named kelly , who was a long time banker to the cabal , and is still i believe , on this side the water , and coming to hear by the correspondence he held with his complotters in england , there were some who scrupled such undertakings ; he went over , saying , he would procure enough to do either of the works if occasion were . i had once a bill upon him for a friend of mine , and then i remember he railed mightily against both king and duke , and said they were both knaves , fools and cowards , for that having forsaken the french interest , they would be ruined , and see all their kingdoms quickly in flames ; that it was an easie matter for the king of france to do it ; that it would very quickly be effected , and be a most laudable action ; and would , he hoped , end in the total subjection of the three kingdoms to the french king's power , which he heartily wished for his poor country's sake , so tyrannized over by hereticks ; with abundance more of such stuff ; but i knew not then he was so deeply concerned as afterward , when i found his name for an undertaker in portsmouth's cabal ; one father patrick also who used often to go and come , and was wont to conceal his intriguing under a peculiar appearance , was another of the same cabal , with two or three french men , whose names i have not at present . your lordship will pardon this imperfect account , and judge favourably of his endeavours , who desires nothing more than to gratifie your expectation , who am , my lord , your honour 's most humble and devoted servant . paris , jan. . , n. s. letter xlviii . of the private treaty between king charles the second , and the french king. anno my lord , i have already upon two several occasions observed to your lordship , how the duke and dutchess were drawn into private correspondences with the french court , which when they had once happily effected , and by them and some others , already in their interests , ( whereof i have mentioned soome ) drawn in , many more both courtiers and others ; they proceeded , being thus so considerably re-inforced , to hedge in the king himself ; and it was high time , for they had now a greater jealousie than ever , of the match with the prince of orange , tho' he were not yet come over into england to that purpose ; and so far they did prevail , that he did oblige himself to do all he could to observe still a partial neutrality with them : then they proposed his hindring the match with the prince of orange , unless he could be drawn into a separate treaty with the two kings , and delay at all matching of the princesses till a general peace , and to reserve the eldest for the dauphin ; tho' in the mean while they promised the duke of bavaria the same advantage for his daughter , the better to keep him in a neutrality with them during the then war with the confederates , but never intended it with the latter , if they could have effected it with our princess ; but in that , the king told them , there might be difficulties insuperable , and so could promise them nothing but his endeavours , which by reason the parliament and people were much out of humour , upon the duke 's late match would require much money ; because now for him to go about to cross them afresh , in obstructing , or so much as delaying such a match , the proposal whereof was already so much known to his people , and found to be so much desired by them , as the only remedy they imagined they had left them against the feared mischief of the other , would hinder them perhaps from granting him such supplies as he might otherwise expect of them : unless his most christian majesty obliged himself to supply him with money enough to need them not , or at least to buy votes , and to stop clamorous mouths ; but as for that motion of theirs about committing the children to the duke's care and tu●orage , tho' they were seconded in it by the duke himself with all the importunity imaginable , yet he absolutely denied them ; saying , they were his children , or rather the nation 's , and not the duke's , especially now he had matched so much against the nation 's liking ; and that could he have believed the people of england would have taken so much allarm at that marriage , he should have taken care to have stopped it in time ; but that having let one fault pass , to admit another much worse , was a thing he doubted not but would cause such earthquakes as he was resolved not to run the risque of , therefore should not do it ; so that article was wholly laid aside , and the treaty concluded without , by which the french king was to pay ours an annuity of twelve hundred thousand crowns , whereof six hundred thousand in hand , besides a donative of a like sum at the same time for extraordinaries , and if any occasion should happen by crosness of parliaments , rebellion , or otherwise , that should reasonably require so much , then he was promised to have it augmented to twelve millions of livres whilst such troubles should last , tho' this latter part they never intended , but gave orders he should be treated only with a bit now and then , as was the duke his brother ; only if a civil war should happen , they were to feed it on both sides , till it were fit to pour in french forces among them , &c. yet i have observed , during my abode in this station , that there was a fund of twenty millions of livres designed for our three kingdoms , whereof sometimes they gave largely to the king and duke his brother , and slenderly to the several factions , only to keep them in heart ; and sometimes again largely to them , and little or none to the king and duke , to make the former lusty , and mettlesome to kick and keep the others low , that being in a crowing condition , they might comply with them . of those sums , there has gone some years four , sometimes six , and sometimes eight millions to scotland and ireland ; but to the king and duke , there never went more than than i have mentioned , and that but the first year neither ; all the rest went to the other courtiers , and to the several factions , who of late have had most of it . in this treaty , which was concluded by a private agent , as were the others , there was a clause incerted , which gave the king leave , if too much press'd upon , to pretend as if he would side with the confederates against france , and to get money of them , as also of his parliament on that account ; but yet he was by no means to declare , but to get an army and revenue settled for some time , such as was supposed to be the duration of the war , and then to use both the one and the other to settle his prerogative-royal , and make himself absolute , &c. i cannot , my lord , without some reluctancy , think of several passages in this epistle , and particularly , that a king who above twenty years had had the greatest opportunity of any of his predecessors to make himself great both at home and abroad , should fall to so abject a state , as to become a french pensioner , which without the addition of any other crime , is more than enough eternally to blast the memory of an english monarch ; but i know this subject can be ungrateful to no one alive more than to your lordship ; and therefore i shall forbear further insisting upon it , and remain , my lord , your honour 's to serve and obey . paris , jan. . . n. s. letter xlix . of king charles ii's politick's upon his entring into the fore-mentioned private league with france , as represented by the french court. my lord , in my last , your lordship had the substance of the private league entred into by our king , and this court , it may not be now unworthy your curiosity to know the censure they have past upon him in relation to that head ; they have said , they understood well enough that what ever their design might be in obtaining such a point , that the king , and his brother 's too upon them , was to draw as much money out of them as they possibly could thereby , and yet not to venture too far on any of those important and ticklish points proposed , without very large summs , to secure every step made forward , and that by advance too ; for that they both concluded that the best and only way to make the french stick close to them was , to be always considerably before-hand with them , not without reason , as they imagined , fearing , that if they were not still before-hand , when they had engaged them in difficulties , and saw them fast , they would leave them in the lurch : as for the king , tho' they knew him to be no more a papist than he was a politician , yet he was of the opinion , if the popish religion could be handsomly made predominant , it might suit better with the monarchy ; yet having no children to succeed him , that he was but careless in that point , and his brother only being concerned in that matter , he moved only as he was spurred on by his importunity , the temptation of money , the diffidence he had of his people , and among others , the fears he had either of having his days shortned , or his crown very much endangered by the intrigues of his brother , or the french king ; should he not keep fair and humour them both in some tollerable measure , since he found himself so far intangled in their snares : for as for his nephew the prince of orange , that he had no aversion for him , but rather an inclination through nature and policy , and therefore was of himself willing enough the match should go on ; yet that he would have been glad , if the prince could have been drawn over to the french interest , for that then he thought he would have compassed many desirable ends in one business , and made a very great advance to have satisfied all parties in the greatest part of their several pretensions ; because that then he supposed he could have satisfied the french king , in bringing over a prince to his interest so very capable to serve him in that juncture of time ; that he would have satisfied also those of his own subjects , who were well affected to the english monarchy , as he would have likewise our trading companies , by marrying our princess to a prince of the protestant religion , whom he by separating from the interests of the states of holland , and drawing into a league with two great kings , should have put into a condition to depress that republick , which was so ill a neighbour to the monarchy , so much our rival in trade , and so great a fomenter of the schisms and factions in england ; that thereby he should have laid grounds to hope , that if ever he succeeded to those crowns , he might be able to subject the belgick to the british lions , and transfer the magazine of the riches of the world from the netherlands into england ; and that fie thought to have satisfied the duke , his brother , in a great measure , by so satisfying his friend the french king , and likewise by depressing a republick so well scituated and inclined to abet his deadly enemies , that in all appearance would way-lay his succession to the throne , and thereby cutting off all occasion from that male-content party , that continually sought occasion to stir up against him the old devils of fears and jealousies of popery and arbitrary power . and that he thought to oblige the prince too , by putting him into a method to become a sovereign in time . and lastly , that he was perswaded , if the prince complied with those methods , the match could disoblige no body , but the states of holland , and the sympathizing factions of the sectaries in england , and the republicans , whom he thought inconsiderable ; but that how desirous soever he was of such a compliance with france , as they desired , yet it was not in his inclination to break the match , for that he having in reality a much greater mind to the alliance with the prince of orange , than to that with the dauphine , in which he did imagine he foresaw unfurmountable difficulties , and such as might endanger , if not over-turn , his throne , ruine his brother , and the whole royal family , and at last make great britain but a french province ; however that knowing the temper of the duke , his brother , and the vindicative humour of the french king , he was willing to seem almost all complaisant , and temporize for a while , whereby he might appease them , and at the same time get what money could be drawn from france , both for his own security and pleasure ; and when he had done that , that he knew wheeling about and concluding the match , when they least thought of it , or expected it would please his people again , tho' never so unsatisfied by the delay . these , my lord , are the sentiments of this court , concerning him ; which , if true , in all points , i conceive they are more beholding to him , than many persons in england are willing to believe of him ; but i shall leave it to your lordships profound judgment , to revolve upon the particulars , and remain , my lord , your lordship 's most humble and devoted servant paris , feb. . . n. s. letter l. of the duke of york's politicks upon his entring into a close correspondence with france , as the french politicians represent them . my lord , as i have transmitted to your lordship the exactest particulars i could learn concerning the king's entring into a private treaty with france , and in my last the censure of this court thereupon ; i have also to the best of my remembrance given you likewise an account of the duke's being drawn into a close correspondence with them some time before ; but whether it were that the ministers on this side conceived such a judgment of the king , as i have already related , and such of the duke , which i am just about to relate , i cannot possitively determine ; but thus it is they censure him , saying , that though he was so much a bigot in religion that he was totally averse to the aurangian alliance , unless it could be reconciled to those ends which he proposed to himself thereby , and especially about replanting both the popish religion and absolute power in the three kingdoms , and incline rather to the match suggested with the dauphine , with an intent the more friendly to oblige his most christian majesty to assist him through all the difficulties he fore-saw he had to pass ; yet he was not a little affraid , of the great resistance he knew would necessarily be made against such an alliance , which many in england looked upon as the most pernicious that ever could befall their nation ; being also of himself not a little jealous , that if once such a match between his eldest daughter and the dauphine were concluded , some sly practises might be carried on by the french court , against the issue he should have by his now dutchess , in favour of that his daughter might probably have by the dauphine ; and therefore that he was much more willing and desirous , if it might be compassed , that a match might in time convenient be concluded between his said daughter rather and his dutchesses brother , the duke of modena , or some italian prince , of no power enough to be apprehended to entertain any such designs ; and that as much french as she was before , his dutchess was now of the same sentiments too , being married , and in hopes of a numerous issue by the duke . these are all the particulars i have hitherto met with , in relation to the duke and his dutchess's sentiments , and with which i conclude , who am , my lord , your lordship 's most humble and devoted servant . paris , feb. . . n. s. letter li. of coleman's intelligence , and private correspondence with france , to the king and duke's disadvantage ; and his motions and pretences for money . my lord , when i acquainted your lordship with the censure past by this court upon the king and duke's sentiments , in reference to their league and correspondencies with them , and especially the business of the match , i could neither determine whether it were purely their own suggestions , collected from the circumstances and natural positions of things as they then stood , which i was inclined to , or to some secret information from another hand , but now i find the latter to be true ; for whatever the king , duke and dutchesse's true sentiments were , so they were represented under-hand by coleman to the juncto here , and by some other self-ended confidents of theirs , of whom but more particularly of mr. coleman i find it thus inserted in our minutes : that being entered into a close and separate correspondence of his own with this court , besides that known to their highnesses , whose agent he was , he was therein to give them intelligence of all that was transacted at white-hall , and st. james's , that possibly he could , but more especially of the comportment of the king and the duke , as to the points agreed on between france and them ; as also of the disposition of all the factions in england , and of the foreign ministers , &c. to obliege himself to make parties to cross his master , the duke , or the king , or both ; in case either , or both of them , should go about to deviate from the measures prescribed them by the french court. i find , my lord , he was besides this a great undertaker for conversions , and proselyting men to rome , or rather france ; and his agreement with them was to have allowed him as an annuity the summe of twenty thousand crowns punctually to be paid , and for extraordinaries , as should be calculated , according to the emergency of the occasions : his pretenses for conversions were manifold , and extravagant enough in the relation of them ; and did slily at first insinuate , and when he had once broken the ice , warmly urged , that whereas the duke had very large remittances made him upon the account of conversions , wherein he was an undertaker ; that it were more advisable , for the future , to entrust him with a moderate summe for that purpose , and thereby save themselves that deal which they must have sent to the duke upon that account , if they should send any ; and so moved them , entirely to wave that point with him , for that he could do much more in that nature , than the duke could ever pretend to , because more imperceptibly . he promised them likewise for the gaining of members of parliament over to their interest , great and mighty things , and then discreetly insinuated those things already spoken of , about the designs of the king and duke towards them , and thereupon advised them to transmit unto them both only but moderate summes , and let him have but moderate ones , according to a private man's fortune , and he would take effectual care both to manage them , and do their business in england more to purpose , than they would do without him . he also added , that to give the king and duke great summes , would be no other than to enable them to buy the parliament's votes for themselves , and not for the interest of france , and to get such store of money of them , that they would afterward take such measures as they themselves pleased , without any regard to france , being sure to please the people at any time whenever they were minded to go contrary to them ; and much matter to the same purpose , with which i shall no farther trouble your lordship , but subscribe my self , as i unfeignedly am , and ever shall be , my lord , your most obedient and most humble servant . paris , feb. . . n. s. letter lii . the duke of york moves the french court for money , according to the private agreement . my lord , you have heard what a spoke mr. coleman was pleased to put in the king and even , the duke , his dear master's wheel , which they , poor princes , knowing nothing of , moved hard for the summes promised by france : the duke as supposing his credit the better , being the forwarder of the two , and whose pretences were , that he had been forced to lay out by advance , the greatest part of the money already pay'd to make creatures for their mutual interest , and future advantage , all such enterprizes being much more chargable to begin , then to carry on , and perfect ; that when correspondencies were begun they must be carried on , and that still by advance , if any thing of service were expected , or hoped for . that he had a most difficult and uneasy task to deal with the king , his brother 's timerous and changeable disposition , and was , and had been at a very great expence to greaze favourites of more kinds then one , that might influence and perswade him to , and hinder others that might disswade him from what they in france did expect from him , or urged him to ; as also to appease and quell enemies on all sides , which his late match with their adopted daughter , and change in religion had stirred up violently against him ; and that to keep the king , his brother , steddy in a favourable neutrality in regard to france , and yet at the same time either break off the match quite with the prince of orange , defer it so long as they desired , or negotiate a private treaty with that prince in their favour , and to their advantage , with that power and good effect desirable , required , as they might well imagine , more than ordinary summes of money , and all ready , and in specie too . but that if besides his ordinary allowance , according to the agreement , which he expected should be punctually pay'd him every six months , he could but have a summ of a million of crowns again seasonably advanced him for extraordinaries , before the time of the next prorogation of the parliament were expired ; then he did believe he might bring matters so to bear , by such a reinforcement , so as to be able to gain votes enough even in the parliament it self to carry it against all others , both in respect to the neutrality , and to the gaining their consent for deferring any foreign allyance , by way of marriage of either of his daughters , till a general peace was concluded , and work very much with the prince of orange too to comply with their desires , when he should see the parliament gave him no hopes otherwise of compassing his aims ; or if not , yet at least he should be able hereby to keep himself still strongest in the privy council , and in the court , where nothing should be transacted to their disadvantage . that both his own friends and theirs had been so very successful , and made such wonderful progresses in conversions of all sorts and ranks of people , as that of such and such peers of the realm ( i will not say your lordship was one named among the rest ) such and such courtiers , and members of parliament , &c. that such and such bishops , eminent doctors in divinity , and other dignified clergy , and such and such gentlemen who were remarkable for interest and estates , or eminent for exquisite parts , though they have learnt here since there was nothing more false , were either already converted , and quite brought over , or extraordinarily well inclined ; and that there was no doubt to be made of it , but by an augmentation of about four or five hundred thousand crowns more for the cause and interest of religion , they might be able so to dispose of the greater and more noted part of the conforming church of england , which was the main of their work , as to bring them over to their religion ; yea , and even to declare for it , publickly too , as soon as they should be freed from the fears of the english mobile , and of the fanatical sectaries , and see a general peace concluded , and the king himself declare for it , being back'd with so powerful a prince as his most christian majesty was ; that however many of them were already brought over to the french interest against the dutch , and many more might be so , if timely liberality were offered , with many other allegations , set off with coleman's usual flourishes on the behalf of his master , though he had countermined all before , as i have already hinted : and lastly , that he had once more attacked the king , his brother , as to religion , and that with great hopes ; and that if he could have but money enough to carry on the point with the church of england , he questioned not , but by that time a general peace were negotiated , his majesty would be induced to declare too , when besides , his support abroad from the most christian king , he should see himself backt by almost all his royalists , then numerous enough in the nation , and so great , yea , more than a probability of an accommodation between the two churches of rome and england , and his potent brother of france then by the peace at full liberty to lend him all needful help . my lord , you see here what little sincerity there was in all their mutual proceedings : may the reward be suitable , is my unfeigned wish ; as it has been already to some . but — i am , my lord , your lordship 's most humble and devoted servant . paris , mar. . . n. s. letter liii . of king charles ii's urging the french court for his remittances , according to the private league between them . my lord , you have heard what pressing instances his highness has made for his remittances , according to agreement ; and what mighty encouragements he has given this court of gaining their ends , both in court and parliament : and now 't is fit the king should put in his plea at last ; which he did in this manner , as their minutes represent it . that for his part , he had advanced rather more than less money than he had already received from them , for carrying on their work ; and that , not to enumerate many particulars , he would observe to them , that when he saw there was no other probability of obliging his dear brother of france , in preserving the neutrality , so much desired by him , but by proroguing of his parliament , which they knew well enough , was a tender point : that yet not to be wanting to his brother's interests , and his own engagements , he had adventured so far , as even twice to prorogue them ; and had withal expended most of his own moneys , in endeavouring , if possible , against the next meeting , or session of parliament , to make a party , so as to be able , in a parliamentary way , to over-match his adversaries , and those of the most christian king , his brother ; and not only that , but to be in a condition to support himself , during their recess , in the figure he ought , as king of england , to make , both at home , and abroad , for his own advantage , as well as that of the most christian king 's ; and so carry on the work of mediation between him and the confederates , as his brother of france would have ; as likewise the desired negotiations in holland , to induce the prince of orange , to a compliance , &c. that they could not but know he was much involved in debts by the last war , in conjunction with them , against holland , and other extraordinary occasions , by troubles arising , and fomented chiefly by his adhering to his brother of france's interest ; and that he having prorogued his parliament upon his account , and thereby put himself under an absolute necessity of being deprived of the legal assistance of his people ; it was but very reasonable and just they should advance such a sum as might enable him , not only further to gratifie his most christian majesty's desires , but also to satisfie in part his own extraordinary necessities , and recompence him for the subsidies he miss'd of thereby again and again from his own subjects . and lastly , he demanded , at least , such a re-inforcement as he had before received at the conclusion of the treaty with france , and that by way of extraordinary , besides his annuity punctually paid : and of this he expected an exact performance before the — — , besides another advance at the beginning of that session ; that so he might be able to make his party good against all opposers at their next meeting , or else prorogue them , without fear of wanting money during their recess : and did further insist , beside some other proposals not worth mentioning , upon his having five or six millions of livres allowed him with all convenient speed , towards the payment of his debts , and the retrieving of his lost credit . the success of which remonstrances and proposals , both from the king and duke , your lordship may , perhaps , be informed of another time , by my lord , your honour 's most humbly devoted servant . paris , mar. . . n. s. letter liv. giving an account , how far the french complied with the king and duke's remonstrances for money ; and how the same was resented by them . my lord , your lordship may refresh your memory , by calling to mind what i have some time since writ to you , concerning the king , and his brother the duke's pressing of this court for the remittances agreed on , and what further additions they wanted , for negotiating of businesses then in agitation , with coleman's countermine to part of their designs . i am now further to acquaint your honour , that the fore-mentioned importunities , together with those cautions of coleman , produced this effect , that they sent about half as much money as they had advanced at first to each of them ; telling them at the same time , that the most christian king's conveniency would not admit of a larger remise at present ; neither could he do it with that privacy he would , but by his jews at geno●a ; and therefore desired them to make what shift they could with that proportion , till the event of the parliament was seen , whether it were prorogued , or no. but to the duke they more particularly told , that if what was then remitted would not serve turn , and that he wanted more , rather than baulk his designs , he might venture hardily on the most christian king's word , to lay out of his own store ; that he should certainly be re-paid again at the time mentioned , with an overplus : and that as for the conversions he spake of , they waved them ; and said , father la chaise and that society had provided now a fund for that work , without troubling them . but to coleman , not mentioning the motion about conversions , they only sent a good gratuity for the prorogation before , and about the sum of twenty thousand crowns advance extraordinary , in order to hire an house , and to do other things , in order to the corrupting of parliament-men , &c. if he saw likelihood of it , he was to have — crowns more , for to try events ; if he succeeded , he was promised — besides ; and for a prorogation when judged necessary , for so long as desired , another very considerable sum , not particularly mentioned . how far any of the fore-mentioned persons did proceed , by way of compliance with this court , i know no otherwise for the present than thus , ( in general ) that they have noted the two royal brothers were a little disheartned to see their friends on this side so backward to supply them ; but that however , considering the plausibility of the french excuses , and their own pressing necessities , but more especially the king 's , they not only took what was sent them , but resolved also to proceed to oblige the messiurs as much as they could , to the end they might induce them by performances to send them more . the effects of which dangerous complaisance , to say no worse of it , the nation has but too much felt already ; and god knows where it will terminate : i am sure , your lordship cannot but think it bodes ill ; as does , my lord , your very humble , and most obedient servant . paris , iune . . n. s. letter lv. of the methods the iesuites used to promote conversions in england , and how st. germain attempted king charles ii. with his answer , &c. my lord , i need not tell your lordship that father st. germain , a jesuite , and one called out on purpose by the french king's confessor , was the head manager of conversions ( as they called them ) and of their other wicked designs upon our country under the covert of that ; and who having gained coleman , now a fellow domestick , into a close confidence and compliance with him , soon found means to procure several other fit complices , among the most considerable orders and parties of men in the kingdom , whether seated in , or resorting to the famous metropolis thereof ; and the better to draw in the men , they were very industrious in plying the women of quality most fit for intreague , to declare themselves for their church , and under that pretence to make so many partizans for france as they could ; whose grandeur chiefly they had in view , as to the best of my remembrance i have noted once and again to your lordship : and not that of the pope of rome , or his religion , which was only to serve for a covert to the other , to the end their practices might not be discovered , or countermined by the other foreign ministers of that communion . and so good success they had in those jugling-proceedings , that it bred in them indeed too much confidence of their going through with the rest of their work with the same ease , and so made them guilty of the weaknesses of an over-hasty bragging and betraying of the secrets of their measures , which in so jealous a nation as england is , for a jesuite , and a french one too to do it , was a very great error in policy ; for st. germain , and his gang , having met with such success in their work as they dreamed not of , they hence , after having made sure of the duke , took the confidence to attempt the king himself , and were , as they imagined , heard very favourably by him , having been often told by him in complement , that he looked upon their religion as the most politick , and that they had really made him so much a convert , as to think that the protestant religion produced but ill subjects , &c. but finding for all this that the effect was not answerable to the hopeful and favourable incouragement , that he could not be brought actually to declare for them , they oftentimes railed at him in private in england , and when any of them came over hither occasionally , the mildest character they could give of him was , that he was a prince that looked upon all religion as a politick cheat , to keep the world in awe , &c. but this was afterwards ; for before upon such complements from the king , as aforesaid , they were so over joy'd , that it did indeed make them indiscreet upon it , so far as to make it almost their common and ordinary discourse , not only to those already fixed in their opinion , and that were of a stay'd and reserved temper , but even to new converts , and baulling talkative women ; nay , and inserted it in their letters too , both in-land and foreign , that they had gained both duke and king to their religion ; that they had fished in the british ocean with such wonderful success , that they fished now only for the greater fish of all , leaving the small fry to come of themselves , having already catcht two royal fishes ( the dolphin and tung ) with many such like expressions ; and it was very ordinary with them in conferences of controversies , when they saw other arguments have little effect , to urge the example of the king and duke ; two such wise princes as they represented them , who knew and understood perfectly well the principles of the reformed religion , and all the arguments it was defensible by , and yet had in a manner yeilded to the invincible force of the truth , which appeared on their side ; and had , said they , against their temporal interests , to the evident hazards of their persons and dignities , to which they preferred the welfare of their more precious souls , embraced the roman catholick opinions . yea , st. germain proceeded so far in this kind of vanity , that he was in a fair way to be ruined for ever ; but i have not leisure at this juncture to observe to your lordship the passages and effects of that conduct , but must refer it to my next , wherein i hope i shall not fail you , who am my lord , your ever obliged , and most obedient servant . paris , iuly . . n. s. letter lvi . st. germain endeavouring to reclaim one lusancy to the church of rome , whose communion he had forsaken , used king charles ii's turning papist as an argument ; which the other discovering , forced st. germain to flee into france , where he was punished for his indiscretion for a time. my lord , it was not without some difficulty that i have been able to perform the promisory clause of my last letter , in reference to father st. germain's unseasonable words concerning the king's perversion to the romish church ; who , among others , more particularly repeated the said brags to a young friar , then lately turned protestant , in the savoy , ( as i learnt afterward ; ) and whom , for what peculiar reasons i could never come to know , he laboured with more than ordinary application to reclaim back again from his pretended heresie , and at any rate to dispatch him back into france . that same young friar went by the name of lusancy ; but st. germain said , his true name was beau-chateau ; and , it seems , had been st. germain's scholar formerly , when regent in the college of clermont , in this city ; and consequently , knowing more of st. germain , than any other man , perhaps , in england . it may be , the fear of some inconveniency to their designs , by that knowledge , and such discourses as he might happen to have thereupon , was one reason of the said father's so great eagerness to remove him out of the way . in fine , how , de facto , and in truth , he managed the business with him , i cannot affirm ; but certain it is , that lusancy pretended , that upon his deferring , as the other thought , a little too much his full compliance with his desires , he offered him violence ; and , with several accomplices , threatned to stab or pistol him if he would not sign such a recantation as he presented , and go along with those he brought with him , in order to his immediate transportation : and that upon complaint thereof to the parliament , then sitting , by a noble lord , to whom lusancy applied himself , and whom i need not name , i believe , to your lordship , though perhaps you have never heard this story before , in its full length , and by the discovery of some other of their practices , the said lusancy forced st. germain to flee ; and was the cause of some stir against popish priests and emissaries at that time ; which were the praeludium to what followed afterwards , in the time of the late conspiracy imputed to the said party . and no less certain it is on the other side , that st. germain's imprudence and ill conduct , both in that and other things , was so defenceless and inexcusable , that he was a long time in some disgrace with the duke and dutchess , with father la chaise , and the whole society of his order ; to whom he was forced , by a long and laborious apology , to vindicate himself as well as he could ; particularly , about the unhappy affair of lusancy , and his rash and inconsiderate speeches of the king and duke of york , which he compiled with much artifice and eloquence ; and made me cloath it in the english tongue , to the end he might satisfie his friends of both nations of his innocence of those foul aspersions cast upon him , as he would have it : yet he could never so solidly refute what was so plainly objected against him , but that still there remained causes sufficient to suspect , that the assertions of such as accused him were not without some real grounds . and indeed , though they were glad to have the same pass for a plausible defence among secular persons , for their common reputation , upon which that subtile society so much value and esteem themselves ; yet within their own cloisters they were so little satisfied with his specious pleas , that they mulcted him , as they usually do their own members upon failure of conduct , by sending him to and fro , and employing him in low and contemptible things , which only juniors used to perform ; and were a long time before they admitted him to any considerable post again ; though at last , after sufficient mortification , upon his uninterrupted and vehement importunities , to be restored again once more to their good opinion ; and repeated promises to be more assiduous in their service , and careful of his conduct for the future , and because he had been at first with coleman , the chief author of the duke's being drawn into a close and separate intrigue with the court of france , by the intervention of father la chaise , and knew best of any the secrets and mystery of it , he was again intrusted to manage the continuation of that correspondence , by the means of coleman , his old friend's receiving all letters from him , and transmitting all those of father la chaise and his creatures in france , to coleman and his master , and others with whom they had any intrigue in england ; among whom was one lady glascow , who received and dispersed most of the letters which were not inclosed in coleman's pacquet , and which were commonly numerous enough , directed to her under six or seven several names , changing every time , or every other time at least , the name , and the direction . of which correspondence i may , perhaps , be able to give your lordship a fuller account another time ; presuming this cannot but find acceptance , though from so mean a person as is , my lord , your lordship 's most devoted and humble servant . paris , sept. . . n. s. letter lvii . arguments used to the duke of york , against marrying his daughter to the prince of orange . my lord , i confess , i do not well remember when it was that i gave your lordship an account of the duke's being first drawn into a close correspondence with france ; and i am as much to seek how and when the following arguments were urged upon him , no further than the circumstance of the subject does discover : but time may unravel all . however , this , i find , was urged first on him : that it would be of equal danger to his royal highness , if not more , to give his daughter to the prince of orange , than to let her be in the french disposal ; and that his brother , the king , would be involved in equal trouble on that account , as on the other : for that if she were given to the prince of orange , without first engaging him in the interests of france , that thereby he would have a double claim to the crown ; that of course the king , his brother , must be drawn into a war with france ; and that by so doing , both the royal brethren would lose for ever the french king's friendship and support in case of extremity , which they would infallibly be reduced to by such a war , or by but making a shew of it ; for if it went on , whether there were cause , or no , there would be jealousies of the duke 's corresponding with france ; yea , and of the king too : and that , after all , such a match would be interpreted but for a piece of policy , only to hide from the people their correspondence with france ; and would never cure their jealousies , nor take off the fears they had of a popish succession by his new dutchess ; but add strength and courage to them to oppose remedies against it . that thereupon , when they had the king once in a war , they would not give him any money to carry it on , unless they saw the laying of it out , and had , in a manner , the administration of the war in their own hands ; in which his highness would be but a cypher , and would never be trusted . that then , not content with that , it was not to be doubted , but that the exclusion of himself , and of his heirs by the second bed , unless educated in the protestant religion , would likewise be hotly urged in the next place , in favour of a protestant prince so doubly allied to the crown of england , a professed enemy of france , and a native of holland , the country , next their own , so much adored by them . that such an alliance would strengthen that faction , that was already but too strong . that such an exclusion being press'd , the king must either grant it , or deny it ; if he granted it , as it was to be feared he might , then was his highness , and the heirs of his religion , lost without recovery ; and then it would be out of the french king's power , as well as inclination , to assist him , after having been so disobliged , against the power of england and holland united ; neither could he propose that advantage to himself , be it as it will : that if the king should resist the said importunity about exclusion , that then he would expose himself to the distractions of a civil war , which might end both in the ruin of the royal family , and the monarchy it self ; for that the republicans would not fail to lift up their crests again in those troubles : and that besides the interest of the prince of orange , the duke of monmouth , being already very popular , might be tempted by so fair an opportunity , to put in for a pretender to the succession ; and that it was not impossible that the king , if he saw him favoured by the people , might be tempted too to prefer the interest of a son , before that of a brother ; and a brother too , for whom he must be necessitated to undergo so much vexation and trouble , and run so great a risque to defend . that in the mean while , england being in a war with france , that king , instead of helping him , must be obliged , in his own defence , to foment those troubles , and abet his enemies . that perhaps he might think some of these fears but imaginary ; but that his highness might assure himself , they had better intelligence than he in that case , and were very well satisfied that all the said parties were ready disposed , and had concerted all their designs against him ; and that they were abetted by men of the greatest power and interest in the three kingdoms ; and then , of what power and influence such plausible and popular pretensions would be among the people , when promoted and advanced by such men , his royal highness could not be ignorant of . that therefore , all summed up , and duly compared , the dangers attending the espousing his daughter to the prince of orange were as great , if not considerably greater , than those that would be incurred by giving her up to the disposal of the french king ; for more could not be feared from that , than what had been mention'd : therefore they conjured him , as he tender'd his own good and safety , or that of his posterity , or of his brother , or , lastly , of the hopeful beginnings of the catholick religion in these kingdoms , that he should be persuaded , and also persuade his brother , to take the council of france , both in the disposal of the princess , and other things relating thereto ; for that the danger of adhering to the french king was no greater than that on the other side , but that the assistance on his side would be great and powerful , as well as cordial ; whereas it never could be in the other party's power , much less in their interest or inclination , to afford him any succour in his troubles , but rather to add oil to the flame : and above all , never to be so rash , as to suffer himself to be tempted to consent to a war against france , for that the factions would then have their ends of him , as having a full opportunity put into their hands thereby to compleat his ruin without controul . these were the arguments used to his royal highness , against the march with the prince of orange : and with which i shall at present conclude , who am , my lord , your lordship 's most humble servant . paris , aug. . . n. s. letter lviii . proposals made to the duke of york , about consenting to have his daughter , the lady mary , privately trapanned into france , &c. my lord , i gave in my last to your lordship a relation of the remonstrances used to the duke , in general , against his consenting to have his daughter married to the prince of orange : i shall now endeavour to oblige your lordship with some new proposals made to him upon that head. . that the duke should use all the power and interest he had with the king , his brother , to let his daughter , the lady mary , take a voyage into france , to take the waters of bourbon ; or else to consent she might be privily sent away by the duke , as against his knowledge and will ; and that then they would get her speedily married ; which putting things past retrieve , matters might the better , by good management , be composed , and made up to all their satisfactions . . that to this purpose the french king would send a most splendid embassy into england , of one of the chief peers of his realm , with a very numerous train of choice nobility . but if the king consented publickly to that proposition , the princess might go over in the said ambassador's company : or if he gave private consent , she might be conveyed away , as in the first article . . if the king should by no means consent to it , that then the duke should contrive a way to get her seized and shipped off at the ambassador's departure , without the king's privity or knowledge . . that if it were done by the king's consent , the sum of five and twenty millions of livres should be , without fail , remitted to him , at two payments ; the first , as soon as the princess should arrive in the kingdom of france ; and the other , three months after . and that the king and duke in that case should seem highly concerned , and disposed to declare war against france on that account ; and with the money sent , raise forces , as if it were for the war , and call to the parliament for mony to maintain it ; which if they granted , to take it , ( there was no doubt of their consent to that : ) after which , the french king was to send a very submissive embassage to england , offering to make ample satisfaction for the injury , and to strike up a peace with holland at any rate : upon which , our king was to take upon him to be appeased , and to pretend the dutch were in the fault that he did not make war. . that then , if there should happen any motions for exclusion , that his majesty might make use of the money , and of the forces raised as aforesaid , for his own security : and that if any rebellion happen'd , he might be assured , the french king would send him both men and money enough in case of need. . that if it were done without the king's consent , he , the duke , should pretend himself wholly ignorant of the rape , and seem as much concerned as the king for satisfaction . . but that if the king should be so displeased with his highness , as to side with the adverse party against him , after he had stood his ground as long as he could , and made as many friends as was possible , that then he should privately retire to scotland or ireland , and raise arms there , where he should be powerfully assisted , both with men and money , from the french king ; who would likewise use means to raise divisions among his enemies , by several methods they had concerted ; and suddenly discourage them all , by an unexpected peace with holland ; tho' there was but little prospect that things should come to this extremity . . that the princess , still the better to appease the heats in england , should , upon her marriage , have , in ample manner , a protestant chapel allowed her ; and that at the same time , the protestants in the kingdom of france should be used with extraordinary kindness and favour for her sake , till a general peace , or other fi● time to take off the mask , were come . . that the better to take off the edge of the english fury to a war with france , besides the peace to be made between the french and the dutch , a third war was to be raised by the hollanders , against england ; and they put with might and main upon new encroachments and insolencies against the english. . that the better to cover all this , the duke was not only to make a semblance , but really to go to the protestant church again , and to give out with a full cry , that he had been most maliciously traduced , and that he never was reconciled to the church of rome ; and that his non-compliance in some things lately put upon him , did only arise in that he conceived such things were not to be imposed upon a prince , as on a subject . i have had the opportunity , my lord , to see several other things , of lesser consequence , projected here , for the management of this affair to the interest of the french court ; with which i shall not trouble your lordship , and remain , my lord , your very humble servant . paris , aug. . . n. s. letter lix . arguments used by the french emissaries in england , to the royal and church of england party , against the matching of the lady mary with the prince of orange . my lord , the french emissaries finding ( notwithstanding the strong opposition made by them to the matching of the lady mary with his highness the prince of orange , as i have some time since informed your lordship , ) that there was a very strong current in the nation for that allyance , and having informed their principals in the french court therewith , they had fresh instructions sent them , to gain , if possible , the time desired by them , which was till a general peace were concluded , and to ply the royalists , and high members of the church of england , not only close upon that head , but their instructions were reduced to these branches . . they were to represent the match as dishonourable , and too much reflecting on the honour of crowned heads , to match a daughter in so fair a way to be heiress to three crowns , to a prince who was not only no sovereign , but descended of a family which had distinguished it self chiefly by heading a rebellion against his lawful prince , and who was himself but the chief officer of a government so hateful to all kings , as a common-wealth , and that of one founded by rebellion too ; that such an allyance must needs be more particularly dishonourable to the royal family of england , which had so lately and deeply suffered by a rebellion moved against it by their own people , chiefly out of an emulation to be like those rebels ; that indeed king charles i. did match his daughter to the present prince of orange's father ; but it was because he was involved in troubles , and had not time or opportunity to dispose of her better , and thought by that match to please the people , appease the faction animated against him , and by such a protestant match allay the jealousies conceived of his being popishly inclined , or having leagued with popish powers to their prejudice ; and lastly , obtain some assistance from the states of holland in his distress ; and yet that after all his projection hereby , that match was condemned by most of his friends , as highly dishonourable , and of very ill example and consequence , and is charged upon him as one of the great errours of his reign , and therefore by no means to be reiterated by a new one of the same kind . . they were to remonstrate , that the prince of orange was bred in presbyterian principles , and to exaggerate , with all the terrible circumstances that could be supposed , the danger the church of england and episcopacy would be in by the accession of such a prince to the crown ; presbyterians being no less passionate enemies to the church of england than papists , and being much the more dangerous of the two , as being incomparably the more numerous ; the strange success they lately had in effecting so total a subversion as they did of the episcopal church in the last reign under rebellious leaders , being too sensible a proof of both what they could , and what they would do again more effectually and more irrecoverably , when headed by a lawful superior , and strengthned by the assistance of their brethren in holland : this , my lord , is the substance of the instructions sent from hence to their emissaries in england , for the managing of the forementioned part , and with which i shall conclude this epistle , who am my lord , your honours to serve you. paris , aug. . . n. s. letter lx. instructions given to the french emissaries , whereby to manage the dissenters and republican party in england , in reference to the prince of orange's matching with the lady mary . my lord , i have in my last given your lordship an account of the french intrigues , in managing the royal and church of england party , in respect to the march with the prince of orange ; here follows their instructions to their agents , with the dissenters and republican party upon the same head. to them they were to use many of the arguments used to those of holland , of which hereafter ; and make them believe , if they could , that if the p. of orange should come to the crown of england , notwithstanding his humility now , he would fly higher at absolute power than any before him , or that the present king , or his brother , could ; that under an humble appearance he subtilly hid an aspiring mind , and that having in many things encroached already upon the power of the states general , he would totally oppress them , and by that accession of strength raise his authority in england to what pitch he pleased , and adieu to all hopes of a common-wealth there , when that of holland should be subject to his scepter , and adieu to all expectation of making presbytery the predominant religion there ; for that it was almost incompatible with a moderate monarchy , much less with absolute power ; and that whatever principles the prince had been bred in , as to religion , though he might like them well enough as a member of a state , with whose constitutions they perfectly agreed ; it was not to be doubted , that when he came to be a monarch , and so powerful an one too , as the united provinces thrown into the weight of three crowns would make him , but he would , like most princes , make his religion conform to the model of his politicks , and when he became a monarch , and so great an one too , take up monarchs principles , which could be no other than popish , or such as exceed them , if possible , in malignity , viz. those of the tantivy sons of the church of england , none else agreeing with despotick rule ; so that whatever hopes they might flatter themselves with from such a match , and the prince's accession to the throne ; they should find themselves so far disappointed , as not to have any reason left them to expect as much as a tolleration in religion , and the freedom of their consciences : which with my humble respects to your lordship , is all i have to communicate at this time , who am in all lowly observance , my lord , your honour 's to command . paris , sept. . . n. s. post-script . my lord , since i had finished my letter , i happening occasionally to run over some of our minutes , i thought fit to sub-join what i meet with there briefly inserted , in order to the management of meer politicians and adiaphorites in religion , upon the account of the prince's match ; and to them the forementioned emissaries were to suggest on the contrary , that the prince though he should in time by virtue of the said match come to be king of england , yet that it could not be thought but that still he would continue a dutch-man in all his inclinations , sacrifice our commerce and interest to those of that nation ; yea , and perhaps part with the chief prerogatives of the crown to make the king of england like a doge of venice , or dutch stadt-holder , &c. which though sufficiently ridiculous i could not forbear noting to your lordship , who am my lord , yours , &c. letter lxi . the arguments used in holland by the french emissaries to the lovestein faction against the prince of orange's matching with the lady mary , &c. my lord , if it was any pleasure to your lordship to peruse the accounts i have already given you , of the stratagems of this court to incite the church of england and dissenting parties against the match with the prince of orange , as i am desirous , and i hope not unwilling , to interpret your silence in that regard to imply it ; i cannot think it will be less to your honour's satisfaction , to understand how they managed the same affair in holland , where no less subtilty and address was wanting than in england to divert a match , that predicted no good omen to france , as they imagined ; the party in that republick which their emissaries had instructions to work upon , were the lovestein faction , to whom nevertheless they were to address themselves very cautiously and covertly , and first to insinuate to them , and by them to the state-party . that indeed it was true the illustrious princes of the house of nassau had not only been the first founders , but also the great preservers of their common-wealth , and that it could not be denied but that the present prince of orange had very much contributed to its late recovery , after it had been brought to the very brink of destruction ; and that they were fully convinced that same family must remain a necessary bulwark to their common-wealth , so long as their interests should continue inseperably intwisted with those of the state ; but if they should be so blinded as to consent , or but tacitely give way to any steps that might alter those of the prince into any other channel ; that same house might , in process of time , prove the fatal cadency and dissolution , as it had been the happy rise and glory of that flourishing state. that the implacability of the spanish royal family against those that have once offended them , and their bloody and unjust proscription of the noble house of orange , had so firmly cemented the interests of the princes of that family with those of the states during the wars with spain , that there could not possibly any danger arise to them from that house , how much soever they were intrusted with the authority of the states , they being then best secured by the greatness and power of that . nay , and that after the peace made between that republick , and the crown of spain , there could be no danger from those princes neither , so long as they matched into inferior princes families , as those of germany , &c. which might add strength , but never could power enough to the princes of orange to crush the state , or in the least divide from its true interests . but that it might be of the dangerousest consequence , if any of them were suffered to match into the family of any crowned head , and especially of any near neighbour to the republick ; for that would be an effectual means to fill their heads with aspiring thoughts , and great designs to aggrandize themselves , and might afford them power enough to put them in execution ; a temptation too strong for almost any active spirited prince to resist : and therefore such an one as this present prince ought by no means to be exposed to by any wise states-men , whose interest it was to keep him from it , and who had cunning enough to put him by it . that never any of his present highness's predecessors have been ever as much as suspected of aspiring at any power over the commonwealth ; but what tended to its greater security , and for the elevation of the majesty of the republick , without the least glances of assuming any to themselves , unless it were his highness's father ; who , in all probability , was animated thereunto by his matching with a daughter of england : and that his ambition might have proved fatal to the republick , beyond retrieve , if his immature death , and other seasonable providences , had not intervened . that the influence of that match had proved very detrimental to that illustrious house , by stirring up such a jealousie in the states against them , as would not suffer them to admit the present prince , for a long time , to enjoy the places of honour , authority and trust formerly so well maintained and officiated by his noble ancestors : and that , at the same time , it had proved as pernicious to the states themselves , in creating and nourishing factions among them , and endeavours to keep up the republick upon a new model , without captain-general , stadtholder , admiral , &c. and to deprive themselves of the so necessary and auspicious assistance and conduct of that most illustrious house ; and thereby exposed even almost to be made a prey to the dangerous ambition of the french monarch . and therefore now , when they had so newly re-enter'd into their true interests , and happily re-fixed all things on the old foundation , by restoring the present prince to the dignity of his ancestors , and calling him to the helm of the tempest-beaten state , and had by his courage , conduct and interest recovered the common-wealth to a very hopeful condition of power and prosperity again , it would be no less than a madness to venture the ruin of all those fair hopes , by a second match with england , when by the former they had been almost all shipwrack'd ; and to suffer a prince who was now wholly their own , to espouse , in such a marriage as was then in agitation , a foreign interest ; and such as , in all probability , could not , in time , but interfere with theirs : and therefore desired it might not be . . because , though the prince's intentions should happen to continue never so right and firm to the interest of the republick , yet this match could not but be still very detrimental both to him and them , by causing incurable jealousies , factions and animosities amongst them , without end ; and which could not but be of pernicious consequence to them both . . that by reason of the little probability of the duke of york's having any vivacious male issue , this would give the prince such a near prospect of the british crowns , that it could not but engage him , in that view , upon all occasions , to strain his power and interest in the united provinces to the utmost for the advantage of the english nation , to the prejudice of the dutch increase of power and interest . . that if he ever came to be king of england , the power he would thereby obtain , added to that he had already in the united provinces as stadt-holder , captain general , &c. and to the great influence he had among the soldiery in the states pay , would undoubtedly be a great temptation to him for to reduce that state under the english crown , and influence the others to assist him in it ; and that if he should have issue by his princess , as it was likely enough he might , the danger under that circumstance would be in a manner inevitable . it s likely , my lord , our politicians here forsaw very great difficulties would arise in making any manner of impressions upon the states against the prince's match , for by the foresaid remonstrances it does appear to me their master-battery was turned on that side ; but though all their politicks have failed them for the prevention of the marriage , yet they have not failed to put some of these arguments fo●●ards , to render the prince , and all his proceedings suspect to the states , and they have already bragged ; that all the constancy his highness is well known to be master of , will find work enough to ver-come the jealousies entertained of him , ( and which they are resolved never to be wanting on their part to foment ) and to make it believe that all he has acted since his marriage has been to the aggrandizing of himself and his authority , and the diminution of that of the republick ; i fear i have already too much transgrest by my tediousness , and shall therefore only subscribe my self , as i am in sincerity my lord , your lordships , most humble servant . paris , sept. . . n. s. letter lxii . of the solemn embassy sent by the french king to king charles ii. in the year , in order to break off the match with the prince of orange , &c. my lord , pursuant to what i have already mentioned to your lordship of the designs concerted between his royal highness , and the french king , about getting of the lady mary , by a stratagem , into france , if their other measures about hindring the match were broken , was the late solemn embassy sent over from hence into england , whereof the count d' estree was the head , accompanied with the duke de vendosme , the archbishop of rheims , one of our great minister , the marquiss de louvois's sons , and at least fifty lords more of principal note ; and whose publick instructions , tho' they imported nothing more then a great complement , and some overtures about forbiding any recruits , to be sent over to our land forces in the service of the confederates ; yet privately they were to endeavour a french match , and if they saw they could not succeed therein , to concert closer measures with the duke , about puting in practise what he had before consented to , about geting the princess his daughter privately convey'd away , in company of this embassador into france ; and perhaps your lordship will not be dissatisfied , if i recount what i have heard discoursed one day at this court , between our commissioner and some other courtiers concerning the embassy . said one of them to theother , what needed so splendid and costly an embassy at this time of day to the king of england , when there is so little hopes that he durst give his consent to what we desire of him ; if he were of himself disposed thereto : yes , says the other , 't will be well worth the cost let things go as they will upon this occasion , for 't is a greater honour our king now does to the king of england , than he has ever yet done to any other prince , or ever to the emperor himself when at peace with him ; and such an honour cannot but work sensibly upon the heart of a prince , who is so easily wrought upon , and may work some good effects for us in time , if not for the present ; and however , if the worst come to the worst , this extraordinary honour now done him by our monarch , will make his parliament and people so fully persuaded that he hath entred into an extraordinary engagement with him , that all he can say , or do , will never convince them of the contrary , or induce them to trust him with money to make war against france , for fear he should use it against themselves ; and not only so , but it would make him as suspected among the confederates , that none of them , from hence forward , would trust him , either for an assistant allie , or mediator , and so would render him of insignificant force to thwart our designs . but the king did for once trick the trickers , by the care he had taken of the princess , as i shall note elsewhere to your lordship , and by his sudden marrying her to his highness the prince of orange , so much to the surprize and disappointment of this court , that i cannot express it , and therefore must conclude , subscribing my self my lord , your lordship 's most humble and most devoted servant . paris , dece . . . n. s. letter lxiii . of the popish plot , and father kelley's menaces . my lord , the discourse about the plot cannot be more in england than 't is here , but the particulars of the prosecution of it , your lordship must know much better than i ; i do not question , but there is villany enough at the bottom of it , but our ministers are as deep in the sudds as any other whatsoever , who by their slights , and wicked practises , have drawn the english papists into such combinations , as hath put the nation into such ferments , incurable jealousies and divisions , as hath effectually diverted the english from hunting the french in flanders , by imploying them to hunt the papists , and jesuits at home , as they have been pleased to word it : my lord , it may not perhaps be unpleasing to give your honour an account of some passages that happened between one father kelley an irish priest , and my self in this city lately concerning the king , &c. i know very well , that there were , and and perhaps may be still some of that name in england , but this same has lived for some years at paris , by st. jean de greve ; and tho' a priest is a great banker , paying most of the pensions for secret service transmitted to the english romanists , but chiefly to irish papists in england and ireland , and who by his discourse upon the late english fleet and armies being ready , and the war likely to be declared against this kingdom , was pleased then to say somewhat in relation to this conspiracy , that i have little thought on till very lately , and that may give your honour some light into the designs of this court ; say'd he , the king of france will find him ( meaning our king ) work enough by divisions at home , and discovering , if needs be , his and his brothers intreagues in france , and does not care tho' he expose all the roman catholicks in the three kingdoms , to a general and hot persecution , so long as , like the turkish asaphi , they serve to blunt the english men's fury , and divert them from thwarting the designs of the potent catholick kingdom of france , which would afterward set all right again , but that he was in hopes by their hunting of papists , they would never leave hunting the king and his brother too , if they proved refractory , till they had brought them to take sanctuary in a stricter alliance with the french king than ever , as their only safe-guard ; and that it was in the french king's power to spring up a plot next day , to give the king of england game enough for his life time , for that the mines and trains were already lay'd , and that there needed only putting fire to them , &c. i am very sorry i could not have oblieged your lordship sooner with these passages , which yet i hope comes not too late , but it may in some measure be grateful from my lord , your humble servant . paris , feb. . . n. s. letter lxiv . of the duke of york's being commanded to retire to bruxells in the year , and of the promises made him by the king before his departure . my lord , i know not how matters go in england , nor what the sence of the people is in general concern the duke's retiring to bruxells , but i can assure your lordship , they seem to be mightily allarmed here at it , tho' they put a good meen upon it . perhaps your lordship may know much more of the secret of this journey than i can inform you , but if what is transmitted hither by the agents of our grand minister be acceptable , they give us this account : that the earl of d — was the person who advised the king to remove his royal highness from his presence , and that his reasons for it were , that the parliament might have no pretence for to complain of his majesty , that he had not taken all the measures necessary for the security of their religion and liberty ; but they tell us , how true , i leave it to your lordships profound judgment to determine , that the earl by the foresaid advise did not so much consult the king and kingdoms true interest , as he did to please the parliament , with whom he was at odds , because of the money received to disband the army , and the french alliance ; finding now by experience , that that artifice of his in bringing the plot upon the stage in order to amuse them , had failed ; they further inform us , that the duke was mightily surprized at the message for his departure , and made some difficulty to bring himself to resolve to obey it , but that at length recollecting a better temper , it gave his fast friends an opportunity to advise him ; that though it were at that juncture necessary he should obey the king , yet it was no less prudent that he should , in so doing , take all necessary precautions , not to abandon his fortune to the discretion of his enemies ; that they did not doubt but that the duke of monmouth would push hard , to get himself declared legitimate by the ensuing parliament ; that the business of the exclusion would be renewed , and that there was room enough to fear , least his retreat might be rather interpreted for the flight of a guilty person , than for the obedience of a submissive subject ; that therefore it was expedient he should get the king first to promise him that he would declare , and get it recorded too in the courts of justice , that he had never been married to the duke of monmouth's mother ; that he would by no means consent to the exclusion that was now likely to be prest upon him ; and lastly , that he should give him express order in writing to require his retirement . all which , they say , he has happily accomplished , the truth whereof time must determine , whereunto i leave it , who am my lord , your humble servant . paris , apr. . . n. s. letter lxv . of the noise of king charles's divorce from queen katherine . my lord , the business of the king's divorce has made a mighty noise on this side , and i cannot with any certainty inform your lordship , which way this court stands affected ; for i find , on the one hand , instructions given to their agents in england to insinuate to the king , but yet very tenderly , what a piece of unjustice it would be so to disgrace an innocent harmless princess , to whom he had been lawfully married , and who had , with so much patience , bore the infirmities that attended him ; and that the consequent of such a divorce would perhaps be worse than the divorce it self , seeing a brother would be baulked of the just hopes he had , after his majesty's death , of ascending the english throne , &c. but since , my lord , having found the parliament , and privy council , disposed very much to favour such an action , they gave their emissaries , of another stamp , directions to incite the king to it , and to promise to find him out a princess of this courts recommendation and procurement , in hopes , by that means , to set the two brothers at variance , and to raise new factions and disputes about succession ; and if they saw he would not consent , yet they had their creatures ready to whisper it in the duke's ear as a great secret , that if it were not for them , he would have consented thereunto ; but how far these politicks have been practised , your lordship can observe much better than i at such a distance , who am my lord , your ever obliged , and most humble servant . paris , mar. . . n. s. letter lxvi . of the earl of shaftsbury's being calumniated by the french agents to king charles ii. in order to put him out from being president of the council , and from all publick administration . my lord , the joy conceived by the ministers of this court , at the displacing of my lord of shaftsbury from his great office of president of the king's council , and consequently from all administration of publick affairs , is as open and unexpressible as the instruments and causes of such a change are secret ; but so far as i have had any intelligence of this grand affair , which i predict to be no good omen to our poor country , i am free , and i hold my self in duty bound to communicate to your lordship ; who perhaps will not much wonder at such a change , when i tell you that the emissaries of this court , but more especially the women kind , whom i need not name , have incessantly as they have been taught their lessons , been buzzing the king in the ears with such calumnies and accusation , as here follow according as they are inserted here . they were to lay hold on all opportunities , to render the said noble lord obnoxious to the king , but yet to be very tender in their first attack , and therefore frequently to say ; that truly his president was a person of incomparable parts and abilities in matters of state , and that to do him justice , he had done his prince as important service as any of his subjects ; that though he had in former times fallen in with the republican interest , which was then predominant in the nation ; yet he had since shewed so much zeal for the monarchy , as might justly obliterate all former miscarriages ; provided still he proved constant in his devoir , and gave no suspition of his being inclinable to re-assume the principles , which he seemed once so entirely to have forsaken ; and when they had again and again made way by such insinuations as these for more desperate attacks ; they urged his majesty might call to mind the time and occasion when , as well as of whom the earl had once said , that when a man is wanting to himself , he deserves that others should be so to him also ; and he might consider how false and dangerous a maxime that was , when it referr'd to a prince or ones country , to whom one is never allowed to be wanting ; that the earl had been as good as his word , was already sufficiently manifest , when he had discovered in parliament the secret motives that had engaged the king to grant liberty of conscience before the late war , as well as his alliance with france , and insinuated the designs his majesty had to retrench the liberty of parliaments , which was indeed no more then to reduce that assembly within the bounds of their duty ; that his conduct ever since in promoting the test , &c. gave no small umbrage that he meant more then a bare exclusion of his royal highness from publick offices ; that they could not be positive that a change of government was designed thereby , and a new essay for the monstrous metamorphosis of the monarchy into a republick once more ; but that surely , it looked that way ; for if the thing were considered aright , the king , 't was true , was an established prince , and now long in possession , and in whose person there could be no plausible pretence to induce the people to abandon that form of government ; and for the regal power it self , the time was yet too short since a company of tyrants had plunged the state into troubles , for to propose an entire abolition of king 's a second time , seeing those very persons who went under the notion of republicans , did not so much yet aim for the most part at the change of the form of the monarchical government , as at the diminution of the authority ; and hence it might be reasonably inferred , that the earl well foreseeing he could not proceed directly to that which he aimed at , began cunningly to take a round which he judged would conduct him with more safety to the same end : and that seeing no possibility of dispossessing the king , he had formed a design to disinherit the person that ought to succeed him , being assured that the best expedient to destroy the regal dignity , was to disturb the order of succession ; and that his majesty must needs foresee the dangers arising from the counsells of so pernicious a man , whose authority in court , parliament and city was equally formidable as his pollicy . i will not take upon me to determine what great services his majesty has lost by the discarding of this great statesman , he may want it in time , and be better perswaded then ever of the character himself has given once of him upon his resolution of a difficult case , viz. that he had a chancellor who knew more law than all his judges , and more divinity than all his bishops ; if these particulars be not new to your lordship , i desire to know it , that i may be more cautious for the future in my intelligence , wherein i always aim at pleasing your lordship , who am your humble servant . paris , aug. th , . letter lxvii . of the duke of york's being in france twice , and closetted by the french king. his rencounter with the french ambassadour barillon . his wives ill success in france . her petition to the french king. return without relief , and her fatal end. my lord , had i been able to have given your lordship some remarkable passages relating to the duke , and mr. coleman's history , in the time the great affair of the popish plot was in vogue and agitation , i do not doubt but i should have perform'd a grateful part to you ; yet i find something so singular and diverting therein , that i cannot but flatter my self , it will still , in some measure , prove agreeable . mr. coleman had , for a long time , manag'd the intrigues between the french and english courts , and that your lordship well knows , for his letters that were seiz'd and publisht make it evident ; and he was one of the chief instruments to draw his master , the duke of york , into so close a correspondence with them as he was ingag'd in , of which your lordship has heard before ; and from the year , to near the time he was arraign'd and condemn'd for the popish plot ; i am free to acquaint you , my lord , that all his letters past through my hands , being first directed to a french gentleman , who took care to transmit them to me , with orders to send them to father st. germain , who manag'd all affairs between him and father la choise , but i saw the contents of few or none of them , till lately i have found them among other things of that kind in the minutes of our french secretary , and which is the reason your lordship has not receiv'd this account sooner , at which , i am sure , you cannot but stand astonished , as i was my self , when i acquaint you , that i find it entred here , that the duke of york was , during this famous correspondence , two several times in france , and closetted to boot , by his most christian majesty ( which , by the way , unfolds the mystery of the proposals i have formerly mentioned , about trapanning the princes into france ) but it was both times by night , and the works of darkness , between one and two of the clock in the morning , trusty persons being ready posted to introduce him : and one time a councellor of the parliament of paris to whom , some of coleman's letters were directed , happening accidentally to let fall an expression , intimating , that the duke of york was come thither in person , tho' it was voic'd up and down among the courtiers it was coleman ; he receiv'd a very severe check for his unseasonable inadvertence ; and , as a farther punishment , he had no more any secrets communicated to him : for , the letters from thenceforward were distributed by another way . the first time the duke was closetted , was a little before the second dutch war , to concert measures , how he should he enabled to induce his brother to give his consent to it to promote the french designs thereby ; as was likewise our famous admiral sir edward spragg , for the same purpose , not very long after the duke . the second time was a little before the splendid and extraordinary french embassy was sent into england , and wherein measures were concerted how to induce our king to give his consent to have the princess mary married into france ; and , in case that would not do , how to steal her , and send her away when they went off ; but this intrigue coming to be privately discover'd to the king , by one of the duke 's great confidents , he had the cunning to dissemble the matter , and took no manner of notice of it to the duke his brother , but gave secret orders that a strict eye and a good guard should be kept over the princess , and would not permit the duke to have her abroad upon any invitations , or other pretence whatsoever , till the embassadors were quite gone ; saying , it would administer iealousie to his people , if she should be permitted to stir abroad much , while the french sparks continued in england . and to prevent the like plots upon her for the future , and to please his people , who were now upon the fret , and , as they would have it here out of displeasure against such an indirect and rash procedure , which , had it taken effect , as he said , would have dashed him and his government in an instant upon an inevitable rock , he married her , as your lordship well remembers , to the prince of orange , to the great regret and vexation of the french court , and of the duke too , who , from thenceforward hath not cared how almost he exposed the king his brother , by engaging of him in continual troubles for his sake , nor how closely he united with the french faction , who afterward wreakt their revenge for some time upon the duke himself , but chiefly upon the king , by their intrigues , in bringing the following popish plot upon the stage : both the times the duke was on this side , the king knew not of , or at least they design'd he should believe so , but thought he was retir'd for indisposion , yet both times he brought remittances for considerable sums of money ; yet the french were highly displeased at him for his failure in the aforesaid match , and the subsequent plot upon his daughter ; so far , as that they suspended his pensions , as they likewise did coleman's , which made them both incline to revolt to the spanish faction , and moved the duke to some seeming willingness to go over , and command the english forces in flanders , in the war then likely to be declared from england against france ; for which they were cruelly revenged upon mr. coleman , by contriving his ruin and death ; and against the duke of york too , by the discovery of the popish plot , in which they were highly instrumental , and by imploying the dutchess of portsmouth , and some other of their creatures in our court , which were bigotted to their interests , to promote the bill of exclusion , that so that prince might be brought under a necessity , as they thought , to return to , and absolutely to rely upon them ; for when , in those troublesom times , the duke was forced to retire to bruxells , the french king was heard to say , that had he follow'd his counsel , and been constant to him , he should not have needed to have retir'd to bruxells , or to any other place but france . but however , i find all was accommodated again afterward , and the duke got closer in with them than ever , when the whigparty , as they call'd it , was quash'd , and things were ripe for another plot , called . the pr. — one . but however , before that breach we have spoken of with the duke and coleman , they were resolv'd first to get some service out of them ; for , finding , after the allyance with holland , that our king was somewhat inclin'd to comply with his parliaments and peoples instances , well as those made to him by the confederate ministers in declaring a war in conjunction with them against france , as appear'd by his speech to the parliament ; but more by their voting a fleet of ninety capital men of war , and an army of nine and twenty thousand land-soldiers for that purpose : of all which it does appear , coleman sent over hither a speedy account ; they then presently renewed their pensions to him , and to the duke for some time , with a solemn promise of a considerable sum by way of gratuity besides , if they could so far prevail , as to sow such dissentions between the king and parliament , as might hinder those preparations by being seconded by an actual declaration of war , which they did effectually ; for they had , by their creatures , inspired into the heads of the most stirring and active members of the house , that the pretence of war against france , was only a court-trick to get money , and a standing army to enslave the nation ; and therefore it were not their best way to trust the king with money for that purpose , unless it were at certain moderate sums , and with such limitations as might secure them from any arbitrary deligns , and from intrigues with the french ; and at the same time it was infused , with much artifice , into the king's head , that if he once ventured on a war against france without an unconditional vote for sufficient supplies , and that in very considerable sums at once ; as for example , of so much yearly as long as the war lasted ; that he was an undone and lost man , and would , by that false step , be infallibly unhinged ; by which artifices a declaration of war against france was so long protracted , till the hollanders despairing of any good from england , were necessitated to clap up a separate peace ( which the french , with all diligence , proposed to them ) whilst the king and parliament in england were disputing the case about funds for the war. my lord , i have been necessitated to recapitulate some things here , which i remember i have written a larger account of to your lordship , and that because i could not well otherwise have brought in the succeeding part of mr. coleman's history , who , to say nothing of the duke , having effected the foremention'd divisions , jealousies and disputes , claim'd his promised reward of monsieur barillon , the french ambassador at london , having yet received but one payment of it ; but the slie monsieur finding his business was so far done , that he was able to go on with the rest himself without their assistance , put him off at first with fair words , but coleman still renewing his instances , barillon began to slight his applications , and at last told him , in down-right terms , he had no orders to pay him any more money ; that he had receiv'd enough for the business he had done ; since there were other instruments which he had there , who had done more , and been much more serviceable in it than himself ; and , in a word , that his master , the french king , had no further occasion for the service of such a sawcy , impertinent , and inconsiderable fellow as he was : coleman was netled to the quick at this unexpected treatment , which he conceived he had not deserved at their hands ; and therefore he reply'd again as warmly , saying , that for his part he had neglected much greater rewards then what he demanded of him , and which was his iust due , which he might have had from the confederate party ; and that now since he found he was so slighted , he should take care to let them see they should find the miss of his services , by what he would , and was resolv'd to do for the other side , and that he question'd not but to bring the duke his master to be quickly of his mind : barillon thereupon answer'd , that his master would be sure to find them such imployment in a short time , that they should have no leasure to think of serving the confederates , or hunting the french in flanders , having already such a pack of hounds in a readiness , as would quickly snap him , and hunt his master too off his legs , if he did but offer to depart so much from his own interest as to quit theirs . after this mutual huff , coleman going to take his leave of monsieur barillon , the frenchman retaining still a spice of french civility , came to attend him to the gate , where , seeing coleman's coach standing right before it ; sir , said he , briskly to him , what is the meaning of this , that your coach stands right before my door , that is no place for a person of your mean station and quality . that 's strange , monsieur , answer'd coleman , i should be of meaner quality now , then i used to be ; there , you know well enough , it used to stand ; but pray where would you have it to stand then , continu'd he ? two or three doors off , cry'd barillon : so indeed , said coleman , i used to place it , when i went to a bawdy-house , but i did not take yours to be such till now , and so adiew . it was but a few days after this rencounter , my lord , that coleman was seized for the popish plot , at the news of which , the discourse was at the french secretaries , that coleman would certainly pay dear for having adventured to displease the king their master ; for that they had perswaded the conceited fool to keep his papers all by him , which they flatter'd him , were rare compositions , and specimens of incomparable wit and parts , in which they said were things , not only enough to hang him out of the way , but so to hamper the king and duke too , and involve them in such troubles , that they would be glad to quit all their thoughts of leaning towards the confederates , and so return again to their interests at last , as most expedient for them ; and that they had imployed such tools as would not fail to discover all their inttigues , and be in spight of their teeth , forc'd to acts of repentance and sorrow for what they had done : and in fine , when coleman was condemn'd , and the duke would have interpos'd for a pardon for him , monsieur barillon oppos'd it tooth and nail , and said , he ought to be sacrificed upon that occasion , and that if he were not , the king his master would find means to have a worse discovery made , than all that had yet been made to appear out of his papers or otherwise : after coleman was hang'd , his wife reduc'd to a forlorn state , retir'd into france , and presented a petition to the french king to this effect . that whereas her late husband , besides his many other good and timous services done to his most christian majesty , had upon his instances by his minister at london , hired an house in deans-yard in westminster , of a considerable rent , some time before that session of parliament wherein the matter of a war against the kingdom of france was to be debated and agitated , for the better convenience of treating some members of parliament , and some other gentlemen that had influence over them ; that he had expended considerable sums of mony that way , as he had done in like manner among other useful instruments he had in the country as well as the city for promoting his majesties service in england , for which he had declined much greater rewards from the spanish , imperial , and dutch ministers , and other agents , than he expected or desired from him , whom he served more by inclination than interest ; and that he had had the good fortune happily to effect the great task imposed on him by his most christian majesties commands , in dividing the king of england and his parliament , and breaking the neck of the intended war against france ; that yet for all that , when his work was accomplish'd , monsieur barillon had refused to pay him his expences , and never had given him one quarter of the su● he was to have had for that affair , and much less , the expences he had been at ; and that now at last he had lost his dear life for serving his majesty , by which sad disaster , she and her family being ruin'd , and reduc'd to misery and great want ; she therefore humbly besought his majesty , if he would be pleas'd to do nothing else for her , that he would order her the payment of her husband's arrears , &c. to which petition , my lord , this court reply'd , that mr. coleman , her husband , had had more mony from them than he deserv'd ; that he had been a false , inconstant rascal , and had brought himself to that shameful end by his own folly and knavery , having had the impudence to threaten his majesties embassador , to turn cat in pan , &c. that his majesty had nothing to say to her , and would not give her one farthing ; which surly answer so thunder-struck the poor woman , that she return'd over into england so enrag'd , and in such a dreadful fit of despair , that she miserably cut her own throat , at her lodging in london ; which relation and coppy , of the petition i had delivered me by an english priest , who was coleman's wife's confessor , and which after i had transcrib'd it , i delivered to the english e — to be sent to king charles the ild. that he might see how his brother's creatures served him ; but how he represented it is beyond my knowledge to tell . i have been tedious and am affraid troublesome to your lordship by a long epistle , but the curiosities whereof the various parts of it are composed , will i hope be as powerful a lenitiue against any displeasure i may have incurred from your lordship , as they have been incitatives for me to write it , who am , my lord , your most humble , and most obedient servant . paris , apr. ● . . n. st. letter lxviii . of the marquess de louvois's being in england several times in king charles the ii. reign , and about what business . my lord , in my last to your lordship , i have given some intimations concerning the dukes being in france , and closetted by the french king , and of mr. coleman's negotiations , and imbroylments with this court , together with his wifes calamitous life , and tragical death , which i believe were wholly new to you ; and i cannot think but that of the marquess de louvois , our great minister of state here , his being again and again in england and closetted there with the king and duke , must be equally strange and surprizing to you ; but tho it be a secret , i verily believe , to all other persons on your side , except the two foremention'd persons ; yet it is not so entirely such here , especially in our office : that he has been wanting sometimes , and hardly any of his family knew what was become of him , is most certain , and upon such occasions , it was sometimes given out , he was indispos'd in the country ; sometimes that he was sent into handers , alsatia , &c. whether he afterwards went actually with so much expedition , tho he rode in a ●●tter , that his journeys into ●●●land were never perceiv'd : i find two several occasions wherein he was closetted . . about a year before the breaking out of the second dutch war , when he was sent particularly to help the king and his brother to concert the preparations for , and manner of carrying on that war. . to concert measures how to stave off the effects of the popish plot , by remitting of mony to dissolve parliaments , and by other methods , when they saw they were carrying things farther then the french interest required to have them driven , but upon condition the two brothers should not depart from their interests for the future ; to complot measures how to ensnare the protestant party , and especially the high patriots in a plot that should quite extinguish the popish one , and give the duke of york opportunity to cut off all those who stood in the way between him and the crown , and between the crown and absolute power ; all which closettings have been very short as well as private , and performed with incredible diligence , and of which 't is all i am able to inform your lordship , and with which i conclude , remaining , my lord , your lordships most humble servant . paris , may . . n. st. letter lxix . of that called the presbyterian plot. my lord , i was not a little transported with joy to find your lordship's name was not incerted in the list i have seen of persons taken up for the plot ; i have had the vanity to flatter my self , that some things that i have writ lately to your honour concerning monsieur louvois's negotiations in england , may inspire you with a more than ordinary caution upon such an occasion , wherein when it shall lye with your lordship's conveniency to let me have a line from you , i do not desire so much to be satisfied , as what rules i am to observe for my future conduct , in respect to my correspondence , since i have some reason to suspect your honour may be uneasy under the present circumstance of things , and i have heard , ●●settled too ; i have little to say at present how far the ministers of this court are engaged in starting of this conspiracy , what i have formerly written concerning their management of the several factions in england , may give your lordship some view of their designs ; but what they generally say of it , is , that it was now seasonable to set up a protestant one , as a fresh game ; and since by their strong concurrence , when they saw it time , they had enabl'd the king to stiffe the other popish one ; and thereby diverted the current of his arms ready to fall upon them ; it was necessary , having new designs of conquests in view ( and what can it be , but luxemburg block't up by them last year ) to raise a new disturbance in his dominions , which could not be better effected now , than by starting a plot of another stamp , which would not only incapacitate the king to interpose , and put a stop to their career , but would also be an effectual means to make the holding of parliaments impracticable at least for a time , and make him quite fast in a manner to their king's purse-strings , towards which they had by the other plot made such considerable advances . i do presume your lordship retains the same english spirit you were ever master of , and are as constant , notwithstanding all the vicissitudes of state , which have happen'd in your time , which is the reason i retain still my usual freedom , who am , my lord , your humble servant . paris , july . . n. s. letter lxx . of the model of ships sent by king charles ii. to the french king , &c. my lord , i do presume it is a matter no longer doubted of , that our king is fallen in more than ever with the interests of this court ; the many models and draughts of ships which he has sent over hither , and some whereof i have seen at the marquess de louvois , is a convincing proof of it , tho they are somewhat desirous to give it another term here , and say ; his britannick majesty is well known to be the only prince in the world that understands shipping the best , and that only out of a little vanity , to shew his great abilities in that way , he sent diverse models , not only into france , but else where also ; tho the real cause , as i have heard it whisper'd , was his want of jealousy , and withal to coaks as much mony out of them as he could ; and in order to enhance the same , he sent also artists over as well as models , for which , by the account i have seen , tho it seems to be somewhat imperfect , as to the particulars , he hath already receiv'd , at times , above pounds sterling , which is all the particulars i could ever attain to in relation to this matter , that i know is the most ungrateful to your lordship to understand perhaps , of any thing that has at any time dropp'd from my pen , and therefore i am glad 't is thus contracted , as i am always of an opportunity to acknowledg how much i am , my lord , your lordship 's most humble servant . paris , june . . n. s. letter lxxi . the conduct of the court of france towards the duke of york , during his aboad in flanders and scotland , &c. my lord , your lordship will hardly believe the treachery of the ministers of this court , who since i have known them , would stick at no manner of villany to gain their ends ; and our unhappy princes have from time to time given them but too much opportunity to work their designs through their own sides ; and this i have already made to appear by several instances to your lordship , and shall further now by observing that notwithstanding his royal highnesses compliance with them in the business of marrying his daughter , so far as he could , and upon diverse other occasions , as i have formerly hinted : yet at that time when he was forc'd to retire to bruxels , they were very angry with him , and almost all the rest of the english papists , hecause so many of them had seem'd zealous to serve the spanish interest , under the duke in flanders ; nay , and the french king himself was heard to say , that had he followed his counsel , and had been constant to him , he should not have needed to retire to bruxels , or to any other place , but france , as i think i mention'd before to your lordship . tho they seem'd afterward to mollify somewhat towards him ; yet they set their emissaries on work in england and scotland , to deal with some persons , about whom they had formerly got some light in monsieur ruvigni's time , to get the duke sent into scotland to make a party there , while they privately engag'd the dutchess of portsmouth and the exclusioners in england , to do their utmost , both in court and parliament , to get him excluded from the succession , in hopes , and with this accursed view , that england having proceeded so far , as to put him by the succession ; scotland would declare for him , and so the two kingdoms be rent in sunder , and afflicted with a tedious war , wherein they had resolv'd to assist the latter ; and yet , my lord , 't is strange to think it , yet so it is that they were not true to him even there ; for they got it privately propos'd to a certain noble family in the kingdom of scotland , deriv'd from blood royal , that if they would put in a claim to the scotch crown , and throw off the title of the two brothers , upon pretensions to be suggested to them , and that scotland would set up again for a kingdom under a king of its own , and renew their antient league with france , they should be assisted effectually ; and should besides have the lands of the dutchy of chate●leraut , and the honours and lands of aub●ny , &c. with many other additions restor'd to them , and over and above all this , a large annual pension , and all the old priviledges granted formerly to the sootch nation renewed and considerably augmented ; but tho , my lord , that noble family refus'd to hearken to these their treacherous invitations , yet there cannot a greater instance scarce be given of their villanous designs than this , which i could not but communicate to your lordship upon this occasion , who am , my lord , your humble servant . paris sept. . . n. s. letter lxxii . of king charles ii's . resolution a little before his death , to alter his method ef government . my lord , i am very well satisfied your lordship must know in a very great measure , the present resolutions of the king , in respect to his future government , when you know so well by whose agency he was at first undeceiv'd , and by whose council and assistance he intends to proceed ; but the ministers here have too many agents still about him to remain long ignorant of the design , and are not a little allarm'd to understand , his majesty hath resolv'd to restore all charters , to call a parliament , and thereby to get a moderate liberty settled on dissenters , and to have the boundaries of prerogative , parliamentary priviledges , and popular liberty so clearly settled and explain'd , that there may arise no more disputes about them between king and people for the future ; and that it shall be made treason after that , even in parliament , once to move any thing prejudicial to the king 's declar'd and explain'd prerogatives , or to the parliament and peoples declar'd priviledges and liberties ; and that all officers military and civil , shall be equally sworn to maintain the one as well as the other ; that the duke , for the present , shall be sollicited to go for scotland , attended with such persons as would take care to observe his steps narrowly ; and that in his absence the princess mary be declar'd heir presumptive to the crown , and the prince invited to reside with her in england till the king's death , and the duke totally excluded , and confin'd to live at modena or rome , and not in this kingdom , or elsewhere ; but to have all his revenues allow'd him ; and that if he prove refractory , and refuse to retire any where else , but into france , that then he shall not only be depriv'd of his revenue , but be altogether confin'd in some castle in england under a good guard , &c. i do not question , my lord , but this matter is sufficiently aggravated by the french emissaries , and perhaps there may be something more in it , than i am able to fathom ; however it was my duty to transmit the same as i find in represented , tho your lordship may know much more truly the fact , than , my lord , your humble servant paris jan. . . n. s. letter lxxiii . of king charles ii's . death . my lord , your lordship may expect i should acquaint you how much surpriz'd i was at the news of the king's death ; but the manner it was receiv'd here quite drown'd my astonishment in that kind , and so it would any true english man , to see this court have the news of his majesties death , or at least pretend to have it , and give orders for mourning , before our english envoy had any such notice given ; so that when he came , according to custom , to give them intimation of it , all the court was seen in mourning before night , and all persons of note in this city the next day ; i 'll leave your lordship to reflect upon the transactions and circumstances of it , which tho comprehended in a few words , may afford a larger field for thought , than any thing my mind can at present suggest unto me , or my intelligence reach unto , but it puts me in mind of somewhat ( i think ) i have writ in my last to your lordship , and so i suppose it may do your honour , if it has not already , but i am , my lord , your humble servant paris feb. . . n. s. letter i. of king james ( when duke of york ) his pervertion to the popish religion , how and when it was done , &c. my lord , your lordship cannot imagine how over-joy'd both court and country are here , upon the news of the king 's going publickly to the roman catholick chappel , upon his assumption of the crown ; and many and various discourses it has occasion'd concerning his first imbracing the roman faith ; an account whereof may not perhaps be unpleasing to your lordship : and therefore i shall endeavour to gratifie your honour therein , to the utmost of my power ; some have been of opinion , that the zeal , example , and exhortations of the queen his mother , to whom he seemed always to pay the greatest deference , had wrought this change early in him ; and that the long conversation he had had with those of the roman communion in france , flanders and other places , had fortify'd him in the same sentiments he had before imbib'd , and which at last appear'd in an open profession ; but , however this has a very great appearance of truth , it s utterly deny'd here , and averred with great elogium's upon him , that it happened to him as it did to one of the ancients , as recorded in holy writ , that he should find in the gall of a monster , that was about to devour him , that , wherewith to cure him of his blindness . for , that it was in reading of the history of the reformation , written by a protestant author , that he came to see the error wherein his birth had engag'd him ; that when he was oblig'd , when in exile , to leave the kingdom of france , and to retire to bruxels , and having leasure enough to read , he lighted there upon the history of the reformation , written by dr. heylin , which he read with much attention ; and notwithstanding the many strained pretences ( say they ) which the protestants made use of to colour the schism of their country , he clearly saw that their separation , so plainly contrary to the maxim of unity , which is the foundation of the church , was nothing else but a meer effect of humane passions ; that it was the dissolute life , and incontinency of king henry the eighth , the ambition of the duke of sommerset , the pollicy of queen elizabeth , the avarice of those that were greedy to seize upon the revenues of the church , had been the principal causes of that change , wherein the spirit of god had no concern ; that upon reflecting with himself . that god of old made use of prophets of a most holy life , to be the guides of his people , and to intimate his will unto them , in respect to religion ; that upon the change of the divine dispensation , the apostles inspired with heavenly vertue , and more like to disimbodyed angels , than carnal men , preached the gospel ; and that upon disorders , and irregularities , both under the one , and the other testament , they were not carnal persons , vindictive souls , ambitious spirits , that had preached reformation ; but men full of moses's spirit , or of christ's , the only channels worthy to receive the waters which run from his living sources ; so as that there might be no room left to render them suspected of corruption or falsity : he from thenceforward became a roman catholick in his heart ; that he had acquainted the king his brother with it soon after the restoration , who highly applauded him ; but engaged him to put that restraint upon himself , as to keep it secret : but , that some years after , having , by his conduct , given occasion to others to observe his steps more warily , and finding he was not cordial to the protestant religion and interest ; they say here , the arch-bishop of canterbury and two of his brethren remonstrated the same to him ; that he heard them with much patience , and did not decline to confer with them ; but that their conferences and arguments , were so far from staggering and seducing of him , that they confirmed him the more in the faith : and they say farther , that tho' it was given out in england , that the late dutchess of york's complaisance to the duke her husband had wrought her conversion to the romish church , in the communion of which she dy'd : yet it was notoriously false ; for that she was brought over by a very remarkable event , next to a miracle , by reading the same book that had converted the duke : but i shall trouble your lordship no more with a matter , which , i am sure , you cannot think of without trouble of mind , and so i remain , my lord , your honours to serve and command . paris , march . . n. s. letter ii. of the duke of monmouth's being in holland ; and king james's design to seize him there miscarryed . my lord , the misfortunes of the duke of monmouth in the king his father's time are beter known to your lordship , then i can pretend to inform you ; and that when he was forced to quit england for his own safety , and that it came to be known he was retir'd into holland , the duke and french emissaries never left importuning the king to send to the states and prince of orange , to drive him from thence ; alleadging continually , that there were very great honours done him by the states , and especially by the prince of orange , who had given his troops orders to salute him at their reviews , when-ever he came to see them , designing thereby to make that republick , and especially the prince of orange , more and more obnoxious to the king : so that he gave at last orders to his embassador , mr. chudley , at the hague , to forbid the english troops in that service to shew the duke any respects ; having gain'd this point , and that they might embroyl the king and prince of orange the more , chudley was instructed , to make the officers of the said regiments acquainted with the afore-mention'd orders , without first giving the prince notice thereof , under whose command they were , which they knew well enough the prince could not but resent , as he did accordingly , threatning chudley for interfereing with his authority without his leave ; and this , upon the embassador's complaint to the king his master , and which was sufficiently improved and aggravated by the duke and french agents about him , incensed him so against the prince ; that he dispatch'd letters to chudley , forbidding him to see the prince : and thus matters stood when the late king died ; but the brother succeeding , he set all his engines on work , how he might get the duke of monmouth into his clutches dead or alive : but the french agents , my lord , did not think that now their interest , which , in the late reign , they would have given any money to have effected ; and therefore by their correspondents in holland , they got the duke secretly advertised of the danger , who thereupon withdrew to bruxels ; i know , my lord , they gave it out that the prince of orange , by his favourite monsieur bentink , got the duke made acquainted therewith , and that he gave him money to go to bruxels ( it was both honourably and charitably done of him , if it was so , to a distressed gentlemen ) with an intent to make the king , his father-in-law , more irreconcileable to him , now he was king , then when duke of york ; tho' he was to dissemble it for a time ; and , upon his accession to the throne , to testifie to the prince , the sincere desire he had to live with him , rather as a father , then an ally and neighbouring king. i have had sufficient experience , my lord , of your great honour , integrity , and good affection , which makes me thus bold in a matter so nice at this time , and so concludes , my lord , your humble servant . paris , march . . n. st. letter iii. of king james's being crowned by the archbishop of canterbury . my lord , it has been a matter of much discourse and reflection here , that our king should be crowned by the archbishop of canterbury , and not by one of the roman communion ; it was expected , that since he had begun so briskly and openly to declare himself for rome , that he would not have stuck at being inaugurated by a roman bishop ; i find by the return made hither upon this subject , that his inclinations were violent enough for the latter , but that the reason of his non-compliance was , that having at his assumption of the crown , declar'd to the council , and by them , to his people , that he would maintain the church and state of england , as by law establish'd ; and that the ceremony of his coronation was such as the laws of the land did prescribe ; the thought it was a little two early to begin , and that by so publick an act , which , to be sure , would be interpreted not only as the most manifest violation of the national constitution , but the preludium to a despotick power , which no man knew the end of . i shall not trouble your lordship with a repetition of the arguments used here by the gentlemen of the roman church , pro and con , upon the lawfulness and unlawfulness of such a compliance by a catholick king to the church of england , which tho the establish'd one , they look upon to be false to the truth , as being matters which i suppose your lordship cares not for , and therefore having nothing further wherewith to entertain you that is worth transmitting , i conclude , subscribing my self , my lord , your honours most humble servant . paris may . . n. s. letter iv. of the duke of monmouth and the earl of argyle's invasions and overthrows , and of the prince of orange's offering to serve against the former , but his offer was malitiously interpreted , and so rejected . my lord , the reason of my long silence to your lordship , i hope , will not be interpreted by you , as any forgetfulness , much less neglect of your honours commands and expectation ; i am too sensible of the many obligations that have been heap'd upon me from time to time , to be guilty of so notorious a crime ; but the want of somewhat that was solid and grateful to your lordship , has been one genuine . cause that obstructed my correspondence , to which i may add what your self knows very well , the private orders given in england to open all letters , whether domestick or foreign ; and since i had for so long a time continu'd to write to your lordship , and that undiscover'd , i was not willing for want of a little prudent caution , and suspension in such a juncture , either to expose your lordship to any hazard , or thereby for ever to exclude my self from any farther correspondence with you , whom i so much love and honour ; but now , my lord , understanding that the storm is over in england , by the defeat and death of the duke , as we have had some days ago an account from scotland of the like misfortune to have attended the earl of argyle . i have adventured to salute you with these lines , and to tell my thoughts freely upon the matter . i must confess , i never had any great opinion of either of the expeditions , because concerted by men who had very different ends in what they did ; the duke and some others for monarchy , but the greatest part republicans ; and therefore i do not wonder the whole hath miscarried , especially when i can assure your lordship , both the one and the other were ( tho' very privately ) abetted by french agents , to undertake such an expedition : such a procedure may well be wondred at , i confess , since there was apparently so little advantage like to arise to the french court therefrom ; but besides their loving to fish always in troubled waters , they have somewhat in them that is very like the devil , who loves to do mischief , tho' with no benefit to himself . but whatever the world may think hereof , those who are fled , that escaped from either kingdom , after the defeat , are as kindly received here , as those who formerly fled from the popish conspiracy ; but yet they are daily sifted and examin'd by the spies that continually haunt them . i would gladly know ? might i have the honour , your lordship's sentiments of both descents , and the miscarriage of them : to be plain with you , i own i have very different apprehensions of them , now they are over , than i had at first ; and the rather , because the prince of orange so much resented it ; tho' most maliciously interpreted by the king , and his popish council , whetted on by gallican agents . when the prince had the first news of the duke's landing in england , he acquainted mr. skelton the king's ambassador , that the duke of monmouth , though he were a person but of indifferent parts , yet he had a warlike genius , and had more experience and skill in the art of war , then most of them employ'd against him ; that for his part , if the king his father-in-law pleased , he would assist him , not onely upon that occasion , with his troops , but with his person also ; and to that end was sending mr. bentinck over to england , to know the king's pleasure . but skelton malevolent enough of himself , and farther influenc'd with malice against the prince by french incendiaries , took care to inform the king before bentinck came , that such assistance as was proposed by the prince , was very dangerous , and much to the same purpose ; so that upon mr. bentinck's motion , the king answered , that their common interest required , that the prince should stay in holland ; and gave such further expressions of his mind upon that occasion , that plainly discover'd , that such a zeal in the prince was esteem'd unseasonable , and not free from suspition . with which , and a grateful acknowledgment of all your lordship's favours to me , and my family , upon all occasions , i shall now conclude , and for ever remain , my lord , your lordship 's most humble servant . paris , august . . n. s. letter v. of the methods proposed , and arguments used to king james , for carrying on the dispensing power . my lord , that the king intends to assume a power into his hands of dispensing with penal laws against recusants , i believe your lordship may be sensible of by this time , since it 's manifest , that notwithstanding the parliaments remonstrance to the contrary , he retains the popish officers still in his service ; and that it is so far from being a secret here , that i can oblige your lordship with some of those methods and arguments suggested to him , by the agency of this court , to carry it onward , wherein it 's more then whisper'd here , he has fully acquiesced . it was thought advisable , considering the violent humour of the nation against the admission of such persons , either into military or civil offices , and that all the cry was , that the king had not kept his word , but did thereby infringe their laws and liberties , to bring the matter into westminster-hall , to have the dispensing power there argued upon a particular case ; but , to make sure of the judges before-hand , to favour such a procedure ; the king was told , could he gain such a point , his business were done for ever ; tho' , at the same time , it was his undoubted prerogative to dispense with laws , being an essential right , and an usage in england as ancient as the kingdom ; that it was in being at all times , and in all reigns , that there were several acts , wherein there had been provision made for such a reservation to the king ; that the term of nonobstante , which was so common , was always a dispensing with some law ; that the commutation of punishments are no less a proof thereof ; and how much more were remissions , pardons , the restoration of criminals to their goods again , & c ? that there were presidents to be met with , wherein the king 's of england had suspended the effects of laws , not only by dispensations , regarding particular and single persons , but by a general suspension , in regard to the whole kingdom : that his brother had done so in cases of the statute relating to carriages , whereof there was not the least complaint in parliament : neither was it so much as once said , that he had thereby exceeded the just bounds of his authority : that the same had been done by henry the seventh , his great ancestor , and solomon of england , in respect to the act that prohibited the continuation of sheriffs in their office above one year , which , in council , was declared null , and impracticable ; because that thereby the king was divested of of his regal power in disposing his subjects . i do not question , my lord , but you will soon hear of the effects of such council , but whether to your satisfaction therein , i have as great reason to doubt , as i have a desire to promote it , and ever shall , to the best of my power , who am my lord , your very humble servant . paris , nov. . . n. s. letter vi. of the unjust complaints of the french clergy , against the reformed in france . my lord , the ruin of the reformed in this kingdom is as much precipitated , as that of a protestant church is designed somewhere else , and which i believe your lordship , by this time , is pretty well perswaded of ; and to this end the popish clergy have accosted the king with a severe remonstrance against them , the sum whereof , for want of more entertaining news , i shall write to your lordship at this time : they began with the hardiest lie they could have invented , saying , that there was nothing included in their complaint , but what was most necessary , and could be most clearly jnstified and made good . whereas it is most evident , that every title of it tends to destroy and persecute , and is grounded upon the most manifest falsities in the world : then they begin to charge the reformed with calumniating , and falsly accuting the catholicks , that they did not believe the truths of the faith , as they express it ; whereas the protestant divines here , have so far been complyant , as to testifie from time to time , that the roman church retained still those truths that were essential to christianity , in that she makes profession to believe in one god in three ; the incarnation of the son of god ; the redemption of sinners by the price of his blood ; and divers other articles contained in the antient creeds ; then they proceeded , saying , that the design of the pastoral advertisement in , was to oblige the reformed to acknowledge , that their separation was not grounded but upon suppositions and jealousies , and they hugged themselves , that the many conversions which had been wrought since that time , have been almost all procured by this consideration ; which they call an invincible argument , that as there could never have been any just cause of separation , all those alleadged by the pretended reformed , could never have any sollidity ; that the protestant ministers did their utmost to hinder the people to profit by that same advertisement , either by deterring of them from reading of the same , or else by giving false explications thereof , as they were wont to do of the holy scriptures , and works of the fathers : adding farther , that the exercise of the reformed religion had been permitted by the king's predecessors , provisionally only , and by reasons which have no longer subsistance : that tho' the clergy had very good reasons to urge it so as to require a revocation of the edicts which contained this permission , yet that it was not their present design to insist upon that point : that it was now the only favour they pray'd for , for to repress the calumnies of the reformed against the roman church , which were not , and which could not be allowed by any edict , being an unhappy liberty , which the ministers themselves might be ashamed of : that such a supposition and calumny were crimes condemn'd by all laws both humane and divine , and that the reformed durst not maintain , that those excesses ought to be permitted , nor to make their complaints , if the king should forbid them to commit them . then they went to speak of the method they had thought on , to make the king acquainted with the truth of their complaints : they drew up in two collumnes the doctrine of the church of rome , and that , which they said , the reformed imputed to them , to the end it might be easier for the king to compare them ; and said most malignantly , that they had avoided the relating of many thing ; which exceeded all the bounds of modesty , and which st. paul himself would not have as much as named amon● the faithful , to the end they might create a suspicion , by these pretended calumnies , of somewhat that was yet blacker then what had appear'd in the passages which they had recited . they protested , that they would never have made any complaint of the reformed , had the matters in question referred only to the persons of the bishops ; and that on the contrary , they would have been content to be deprived of their power , in order to testifie , by their patience , and voluntary forgetfulness of those outrages that were done them , that singular charity which they retained for them ; but that they could not neglect the honour of the church , attack'd by the calumny of the ministers , nor the conversion and salvation of a great number of her children , which they retained in the error of their false suppositions ; wherefore they concluded after all , that the king would be pleased to repress a malignity that was so contrary to the principles of christianity , as also to the rules of natural justice ; and that consequently , . that he would renew the prohibitions already made to the reformed of using injurious and opprobrious terms , in speaking of the articles and mysteries of the roman faith. . that he should forbid them to attribute to the catholick faith any other doctrine then that of its profession of faith , nor any of those errors which they had had till then , the rashness to impute unto her . you need not doubt , my lord , of the success of this remonstrance , and of a declaration in time , answering all the points hereof to the full . there is room enough for reflecting upon the courts conduct herein , but i shall forbear that part , leaving it entirely to your lordship 's known wisdom and judgment , and crave leave both now and always , to profess how much i am , and desire to approve my self to be , my lord , your honours to serve and obey . paris , nov. . . n. s. letter vii . of the declaration put out by the french king , upon the remonstrance of the popish clergy , against the reformed , the month of august , . my lord , i have in my last to your lordship , of ●uly the th , n. s. taken notice of the popish clergy's unjust complaint to the french king , against the reformed here ; and now i shall , with presuming on your good leave , give you some hints upon the declaration that was publish'd here some days ago in conformity to the said remonstrance ; to which the king condescended so far , that the motives thereof are almost drawn word for word from the request it self ; all sorts of persons are thereby strictly forbid to preach and write against the faith , or the doctrine of the romish church , and to lay to the catholicks charge those opinions which they allow not of , and not so much as to speak directly , nor indirectly any manner of way whatsoever concerning the catholick religion ; enjoyning the reformed ministers to teach only in their sermons the tenets of their own religion , and rules of morality , without the intermixture of any other matter whatever : but alas , the mischief did not stop here , for all persons are prohibited to print , sell , or lend any other books concerning religion , besides such as contain the profession of their faith , their prayers , and ordinary rules of their discipline : it doth moreover order the suppression of all such books as have been written against the catholick religion , by those of the pretended reformed religion , and strictly forbids either to print or lend any such books for the future ; those ministers and others of the reformed , that make default herein , are liable to great fines , perpetual banishment , and the confiscation of all their goods , the places where the ministers should preach against the articles of the edict , to lose the right they had , to exercise the same function for ever ; and the printers and booksellers in case of their offending in any kind , to forfeit five hundred livres , and for ever to lose the freedom of keeping open shops : and thus , my lord , you see this court has shut up the ministers mouths in all matters of controversy , and leave that liberty only to the roman catholick divines , thereby preparing of them for an assur'd victory , and hereby , besides , that the ministers , are reduced to be silent , and not to concern themselves , as to the greatest part of the articles of the confession of their faith , which consists in the rejection of the tenets of the church of rome , as false and contrary to the doctrine of the gospel ; that they might effectually preclude them from the right they had to complain of this unjust dealing , the king , by way of addition , in the preface to his edict , to the reasons which the clergy's petition had suggested to him , has incerted , that it was enough for the ministers of a religion , tolerated in the kingdom , to teach their own tenets , without being carried into disputes against the publick and prevailing religion , which also is therein call'd the true one : but one should think this edict were as needless as many others , seeing there are not now past twenty reformed churches in the kingdom , where they have liberty to preach ; but there seems to be an hidden design couch'd under it , and it is justly to be fear'd , that after they have suppress'd the reformation in all the countries under the french dominions , they have hereby made provision , that the doctrine of truth shall not be maintained in private families , and never have that means to rise up again out of its ruins , by the reading of such books as teach it ; wherefore they have taken care to prepare reasons for the depriving the reformed of books of this nature , and to establish a kind of an inquisition over their works , which shall not concede to any one the liberty either to read them , or keep them by him . but of this , i shall be able to give a fuller account in my next , and shall therefore defer it , and so i remain , my lord , your lordships most humble servant paris sep. . . n. s. letter viii . of the suppression of protestant books in france . my lord , i have in the close of my last letter to your lordship , hinted somewhat concerning the suppression of protestant books in this kingdom ; i have since seen a catalogue which contained almost five hundred authors , whose works are all condemn'd . some men in the world love to put the cheat upon themselves , so they here , to heighten the number of such books , have repeated some of them more than once ; but they have been also as careful to forget several others , as the works of the learned grotius , vossius , and many more , whose writings are opposite to the roman church ; but your lordship , i believe , is no stranger to the ●ly practise of that church on this head , and how the members of it have , of a long time , endeavour'd to perswade the world , that these illustrious persons had re-entred into their party ; that they were willing to retain an honourable remembrance of their names , tho it be certain in the main , that the greatest part of what they had writ , was as remote from truth , as the authors were from the communion of their church ; that grotius himself , who hath carried his complaisance towards the roman church , much farther than any other , yet he never rang'd himself of her side by an open profession , and did still retain diverse sentiments that were very contrary to the court of rome also ; but that this default might be remedied by a pious fraud ; and to the end , they may one day perswade the simple and ignorant that all the heresies that have sprung up in these last ages of the world , are as so many tenets of the calvinists ; they have not only joyn'd the lutheran and arminian books to them , but also those of the socinians , and the works of spinosa ; and they have not , my lord , contented themselves to condemn the books which have been written by the reformed against the church of rome , but they have also hemm'd in books that refer only to pure morality , and which astonishes many here : the theses also of josua de le place , without excepting those written by him against the socinians , and is a book that does not attack the church of rome in any one of her tenets , and is only design'd for to prove the divinity of our saviour , against the sophistical arguments of that sect ; the translation also of the history of the council of trent , which amelot de la houssay , a roman catholick author has put forth , is comprehended in the catalogue of heretical books ; i cannot be positive to affirm to your lordship who had the chief hand in forming this catalogue ; it 's generally attributed to the arch-bishop of this city ; but they tell us further , that because he would have appear'd to have acted too much like a patriarch in obliging the rest of the bishops to take this rule of their conduct from him , he has by the intreagues of the procurator general , brought his matters so to bear , that the parliament here have committed it to his care to make an estimate of those books which ought to be suppress'd ; the order was no sooner published , but the king's officers , and the civil magistrates who were commanded to have the same put in execution , have accordingly made a search for those books in all booksellers shops , and also in the elders and ministers houses . the arch-bishop , my lord , has some years ago made use of a very efficacious method for to hinder the publication of any book that deserv'd to come into the world ; i believe , your lordship , may have seen the historical and chronological tables of john rou , who was a person of great learning , and whose merit had acquir'd unto him the favour and protection of several persons of the highest quality in the kingdom of france ; and which tables he presented to the duke of monthauzier ; there is but a very slight mention in the book , and that but by the by , of any of the principles of the church of rome , and those also which she esteems , and looks not upon to be of the highest consideration and importance ; but these slight touches , and the honour which the author had done to some ministers of the reformed to name them , among the illustrious doctors of their age , raised the indignation of all the bigots in the church against him , and so they got his copies and tables , which to his great cost and expence he had got engraven , seiz'd ; and the poor gentleman could not find an ear open to the offers he made to correct and amend those places which might give offence ; and all the solicitations and friends he could make , could never prevail so far as to get justice done him ; there are some persons now who would redeem them for their own proper use ; but tho it be nine or ten years ago since the forementioned transaction , they have not yet forgot the noise it then made , and they will by no means part with them ; who knows but the crafty jesuits have a mind to reserve them , to procure honour to themselves by them , when they think the ingenious person that contrived them may be no more remember'd ; for it must without vanity be own'd , that they are compos'd with so much art , judgment , order and solid learning , that there is no man but may glory to be esteem'd the author of them . this search , my lord , after the suppressed books , has been already made in several places , and not only some other bishops , who have no manner of dependance upon the archbishop of this city ; but other parliaments , we hear , have receiv'd the catalogue , and put the order of the parliament here in execution ; there are several of the protestant churches , which have very considerable libraries ; but some of them already are rifled under this pretence by the romanists ; and 't is not to be so much doubted as 't is to be fear'd , the rest will soon run the same hard fate ; this search has also reach'd the houses of several particular persons ; whom they have been so severe upon , that they have not so much as left them their bibles , because the catalogue has put the versions of the bible made by hereticks , among the number of prohibited books ; but surely these translations , how faulty soever they may suppose them to be , cannot justly be put among the number of those books , wherein the church of rome was accus'd of holding opinions which are not receiv'd by her , nor consequently be comprehended among those whom the edict ordered the suppression of : as for the ministers they are us'd very variously , the greatest part have not yet been molested upon the account of their books , for perhaps , as they have already contriv'd to be rid of them by banishing them out of the kingdom ; they look upon it as a kind of suppression of the condemn'd books , to suffer them to carry them away along with them ; but i am assur'd they have given others of them much molestation in diverse parts of the kingdom ; some of whose books they have seiz'd , some confiscated , and caus'd others to be burnt ; nay , they have been so outragious against many of them , as to disposess them of all their manuscripts and sermons ; i am sorry , i am forc'd to give your lordship this relation of the misery of the distressed protestants of this kingdom , because i know it will trouble you , and inspire you with a noble , tho grievous sympathising of their condition ; but i am afraid the worst is yet to come ; i pray god to divert it to whom i commend you and yours , and am my lord , your honours most humble and obedient servant . paris , sep. . . n. s. letter ix . of the popes nuncio opposing any new form of doctrine design'd to be introduc'd by the general assembly at paris , for the easier seduction of the reformed to comply with the popish church , and be united to her . my lord , this court is so taken up with forming methods and projects to bring the reformed to a complyance and conformity to the roman church , that i do not find they mind any forrein affair at present : i have seen several formula's conceiv'd in very easie terms , for the promoting of the re-union , as 't is call'd by them ; but , among others , this that follows , i thought very remarkable , and whereby your lordship may see the latitude they assume to themselves , for the promoting their interest , tho' , no doubt , it is but a bait to catch some of those harmless gudgeons ; the words were these , i own and confess the catholick apostolick and roman church , as it was in the time of the apostles ; and i renounce and abjure all those errors which have crept in ever since . the bishop of meux hath , to make the way still smoother , in his preface to the second edition of his expostulation of the catholick doctrine , gone so far , as to say , we do not serve images , god forbid we should do so . and indeed , there is some likelihood that the clergy would have stretch'd their complaisance yet farther this way , had not an unexpected accident hindred it ; for , the pope's nuncio being inform'd , that the general assembly , or rather the arch-bishop of this city , under the covert of that name , and by the advice of the jesuits , were about to draw up , and form a profession of faith , more adapted for the satisfaction of such of the reformed , as became new converts , than that of the roman church , he bestirr'd himself , and interposed , in his master , the pope's name , and made several remonstrances to the king , upon the authority which the french clergy were about to assume to themselves , of setting up other forms of doctrine , then that which the whole catholick apostolick church had received since the council of trent : you cannot imagine , my lord , how much this little unexpected traverse from the old dad disheartn'd the court ; whether it were that it came from a pope , whom the king did not care for , or that they were afraid it might retard the work of conversion , is not certain ; but the result was ( as i have been first informed , and since seen somewhat verify'd by the consequence ) that the pope should be comply'd with , and the rather because they were well satisfy'd with his inflexible temper ; and that as they believ'd , it would be dangerous to sow division between the clergy of france and the pope , at a time when they were labouring to reduce all frenchmen to the unity of the church ; it would be more advisable for them , to keep to the usual profession of faith : and now , my lord , the clergy give out , every where , that they will not qualify any points , but vaunt , that in reducing the reformed , they will not put out any one taper that adorns the altars . i shall not detain your lordship at present with any farther account of a matter , that suits not with your gusto , tho' i know you have goodness enough to accept my endeavours , though never so contemptible in themselves , and to pardon my weakness , who am , my lord , your lordships very obedient servant . paris , sept. . . letter x. of popish guardians imposed upon protestant children , and of protestant physitians , chyrurgeons , and apothecaries being forbidden to follow their practise , with the pretended reasons alleadged for such a prohibition . my lord , whatever underhand-brewing may be in england , in matters of religion ; they be bare-fac'd enough ●●re in carrying on their designs for the ruine of the reformed churches , tho' still they retain some specious pretences for what they do ; 't is but lately that we have had a declaration publish'd , forbidding any to take upon them the office of guardians to children , whose parents have died in the protestant religion , excepting such as are roman catholicks ; and tho' that part of the edict that concedes this privilege to the reformed , is couch'd in the most clear and express terms that could be conceiv'd ; yet the declaration takes no manner of notice of the said article ; nay , and the expressions wherein it has been conceiv'd , are such as would bespeak , that such an usage has been without foundation ; but indeed , this is a method that the french council has for some time used , when they have been mindful to put out any order in prejudice to any of the privileges granted in the edict that are exprest so clearly , as that no cavils raised by them can render them dark and and absurd : and , as they found it too difficult a task to find reasons forcible enough to elude such formal concessions , they made a shew of being ignorant of them , and they were willing to put forth such orders that might only seem to regulate such new and extraordinary cases . but yet that they might have some colourable pretences for what they did herein , they charged the guardians of the reformed religion with two crimes ; first , that they abus'd that power which they had in that quality over those in pupillage to them , and hindred them to become catholicks ; then that they imbezell'd the estates of such minors , when they became converts against their will , which was a great obstacle to their preferment when they came of age : these two things were spoken of , as if there had been nothing in the world more certain and truer , and of which they had had abundant experience ; but they are of the number of such instances , that are alike easie to be raised , as impossible by any proofs to maintain ; and , any ones reason , my lord , will give him , especially as to the last article , that it must be notoriously false ; for can any one believe , that such guardians , who would adventure in a malicious way , to imbezill the estate of their pupils , could go unpunish'd , in a countrey , where their religion and power was so much in the wain ; and surely he must be next to a madman that would thus adventure to play with the zeal of the parliaments of this kingdom , animated by the recommendation of the clergy , who are forward enough to make their court into them . and if , my lord , the protestant guardians are thus injuriously used , the physicians of the same perswasion have fared much worse , as being deprived by another declaration , of their means of living upon the most ridiculous pretences in the world ; they alleadging , that since those of the reformed religion were already deprived of all judicial affairs , and the freedom to exercise the functions of counsellors at law , it were to be feared the greatest part of their young men might fall to the study of physick ; that , that would considerably augment the number of protestant physicians , and that those of the roman catholicks must by that means as much decrease , and that hereafter that would become very prejudicial to the salvation of sick catholicks , in that the reformed would take no care to put their patients in mind of receiving the sacraments of the church , when they found them reduc'd to such a condition , as did require them : i know not , my lord , but that there may be a snake in the grass here , and that the crafty jesuits amuse the world with such illusions , and would buoy people up in a belief , that since they have taken ●●ch great precautions for futurity , it 's the least of their thoughts to come to an entire abolition of the reformed's privileges , and put constraints upon their consciences in religious , matters ; i wish it may prove so , the event will discover it . when this hardship was put upon the physitians , the chyrurgeons and apothecaries every where began to look about them , and were terribly afraid their turns would be next : they had just reason for it , my lord , for not many days were elaps'd since the publication of the former , but comes out an order of council , prohibiting all chyrurgeons and apothecaries who made profession of the reformed religion , to exercise their art , neither by themselves , nor by the interposure of other persons , directly or indirectly , nor consign their privileges to another , nor by any other way or means whatsoever : insinuating , that the exercise of such trades gave them easie admission into mens houses , and by that means hindred the conversion of other religionaries . and thus , my lord , the art of physick , and those others dependant thereon , are looked upon as the last resourses of the reformed religion here ; and this has administred occasion to some persons to shew their wit , and to divert themselves with such frigid pleasantries , saying , that the reformed religion was at the point of death : that the chyrurgeons and apothecaries could do no more for her ; and that there was no doubt to be made , but that she should in time be abandoned by the physitians also . your lordship having exprest no dissatisfaction with my keeping up my correspondence with you in things of this kind , for want of more agreeable matter for your information , has enbolden'd me to accost you again in this manner , and gives me farther incouragement to be assiduous to get the most certain intelligence i can , as well as fresh opportunities to profess how much i am desirous , my lord , to serve you whilst . paris , sept. . . letter xi . of iealousies raised in the reformed in france , that there was a design form'd to massacre them . my lord , things are now carried on in this kingdom , with so high an hand against the reformed churches , as to threaten an entire destruction of them in a very short time ; it has been a matter debated and hesitated upon for a long time , whether they should send their dragoons amongst them , and make use of that expedient , since their lives and popish arguments fail'd them to reduce them to re-unite with the romish church ; they were not without their fears , least when they should send armed men in that manner , and to that end , to those parts of the country wherein the protestants were in greatest numbers , and to many rich and populous cities , where almost all the inhabitants are of that perswasion , they might meet with , some unexpected resistance , which might constrain them to abandon their enterprise , or come to a down right massacre . there is indeed a rumor whisper'd up and down that there has been secret applications made to the king , that considering the resistance which the reformed might make to his orders , and the little success which his designs had already , and was like to meet with , in preventing their retreat out of the kingdom ; that it were a much surer , more expeditious and better way for him to be rid of them by a massacre ; nay , my lord , it 's confidently said , and i have some moral assurance of it , that the orders were given , and the letters drawn already , when a prince of the blood coming to hear of such barbarous resolutions , had the courage to remonstrate to the king the evil , as well as the dishonour of it , and goodness enough not to leave importuning of him till the orders were revok'd , and the letters supprest . i cannot be so positive as i would in giving his name to your lordship ; some saying it was the renowned prince of conde , but others attribute it to his nephew the prince of conti , both of them persons of great honour always , and as likely either of them to concern themselves in that behalf , as any in the kingdom ; but whatever stop may have been put to the jesuitical fury hereby ; i think they have begun to discharge it by their dragoons , almost in as barbarous a manner , who have been already guilty of a thousand violences , and the almighty alone knows where it will terminate i beg your lordship's pardon , if i am any ways troublesome by such relations , and beg leave to subscribe my self , my lord , your lordships most obedient servant . paris , sep. , , n. s. letter xii . of the violences offered to , and the stratagems used against the reformed of bearn . my lord , the protestant churches in the province of bearn , had been several years ago under some sham pretences or other , reduced to the number of five , and the parliament from time to time , have endeavour'd to render them of no use by the imprisonment and silencing of their ministers ; but now there has been such a prank plaid for converting some of the inhabitants to the popish church , as i think hardly has ever been practised by any other people in the known world : for the intendant of the province having made use of a notorious fellow to carry on the work , he deludes some of the people to go with him to a tavern , and there by his artifice found the way to make them drunk . next day when they were come to themselves , he goes and tells them , that they had promised him they would go to mass , and that if they pretended to deny it , they would be sure to be treated as apostates ; that they had besides spoken ill of the government , and the ministers , of religion ; and that the only way for them to escape a severe punishment , which they had made themselves lyable to , was to conform to the church of rome : there was about fifty of them that were catched with this simple wile ; whereof the intendant vaunted so much , that he has writ to court , that there is so general an inclination in the whole province to become catholicks , that the king has no more than to testify his desire they should do so , for him to see the whole country embrace the roman communion ; and so having obtained such farther orders as he desired , he has caused an assembly of new converts to meet together at muslac , and hath ordered the civil magistrates of the neighbouring places to cause the reformed of their respective parishes to come thither , under pretence of hearing a sermon , which the bishop of lescar was to preach there : now the bishop , my lord , as is well known , is fitter for a play-house than a pulpit , and a sermon of his preaching was look'd upon by all a thing so rare , as to excite the curiosity of the most stupid in the world to go and hear him ; wherefore abundance of persons from all parts presented themselves at the place appointed ; but when they came there , they could hear no other sermon than the declaration of the intendant , to acquaint them , that it was the king's pleasure they should all turn roman catholicks ; those who refused to comply to this unexpected command , were cudgelled into the church , had the doors made fast upon them , and with the same violence , were forc'd to keep silence , fall down upon their knees , and to receive from the good bishop an absolution of their heresy ; and thereupon were told , that if they offered for the future to go and hear their own minister , they should be infallibly punished for apostates : such and a thousand the like violences they practised of late in that province ; as i have a faithful account thereof , too tedious to trouble your lordship withal ; but because your lordship may perhaps have heard a mighty noise of a design to besiege fontarabie by the french : i shall in a very few words unfold that mistery to you . the intendant , my lord , having found that those , and the like sham-tricks above mentioned , did not answer his his end , but that the generality of the people still stuck tight to their principles ; found there was a necessity to bring in armed men to constrain them to a complyance . it was given out here , that this court was highly dissatisfied at that of spain ; that they durst appear sensible of the outrages done them on flanders side ; and so for satisfaction , talked loud of nothing else than besieging fontaraby ; saying at the same time , that france would do nothing but what was just , and therefore they were not willing to begin a war on that side where the barrier might be broken ( which was made by the late peace ) between their conquests , and the united provinces ; and in carrying their arms towards the other side , could give them no manner of umbrage . in conformity to this seeming design , the-troops defiled towards bearn , but in stead of advancing to invest fontarabie , they have halted there ever since , and committed all the insolences that the most barbarous of nations could e're be guilty of . but since i have entred upon the relation of the misery of this famous province , i shall endeavour a little further to trespass upon your lordships patience , and shew what pretences the clergy have raised to justify the rigorous prosecution of the bernois , before others in the kingdom ; they have had the artifice to abolish the remembrance of the conspiracy which their predecessors had formed in this principality against their lawful sovereigns , and have had the audaciousness to perswade the king , that the reformed religion was never established in that province , but by the authority of queen jane , who would have her own religion to be uppermost ; and that as she had then banished the catholick religion out of her dominions by arms , in favour of that doctrine whereon she her self doted ; the king who was the eldest son of the church , might very justly do the same thing for the exterminating of that change in religion there , which had been introduc'd by violence ; and thus you see , my lord , the popish clergy here leave nothing unessay'd for the advancement of their designs , ( i am afraid they are of the same kidney every where else ) and they have got the knack ( when there is occasion ) of making that a crime in their enemies , which is but the just punishment of their own ; for by disguising the truth of history , as they have done herein , they have made that to pass in queen jane for an usurpation over the liberties of her subjects , and the freedom of their consciences , which was but a lawful revenge she had taken on the perfidious clergy of her dominion , who had formed against her , and the princes her children such a conspiracy as can hardly be paralell'd , before the introduction of the ignatian order in●o the world ; however , right or wrong , they have gain'd their point , and under this false relation of so memorable an event , they have made it to pass for a constant truth ; that under a queen of the reformed religion , that religion which she authoriz'd , was introduced by force in bearn , and that consequently there would be no room left to complain ; that a popish king in his turn , made use of force to repress it . this was the ground pretended for beginning to put bearn under military execution ; as if from what was formerly done for the just punishment of a rebellious people , there were a just consequence to be drawn for an unjust oppression of the most submissive and obedient subjects : but having already trespassed by an over tedious letter , i shall not farther aggravate it , but remain , my lord , your lordships most humble and devoted servant . paris , sep. . . n. s. letter xiii . of the rejoycings in pearn upon the imaginary success they had in conversions . my lord , in my last to your lordship , i remember i was somewhat tedious in my narration of the sufferings of the poor protestants in the principality of bearn . it were endless for me to recite the farther particulars that have come to my knowledg since ; and therefore i shall wave it , and acquaint your lordship , for want of a better subject , how much the clergy have triumphed in the success they have imagined , those violences they have been guilty of towards those people , had to bring them over to their communion . they have not fail'd to testify as much joy at it , as if there had been some battle got , or some city taken from the enemy : but what was very cruel and terrible , was , that the poor reformed were forc'd to take part in these rejoycings , of which their own ruin was the subject . it would be too tedious to recount to your lordship , the many cruelties exercised in this country , and particularly at pau , as a preludium to this force ; but after the reduction of the foresaid place , they made a general procession , whereunto they dragged the new converts , and withal celebrated high mass , whereat the parliament assisted in a body : and then when that was over , te deum was sung , the guns fired , and the citizens who were commanded to stand to their arms , made several discharges and vollies of shot ; then followed illuminations and bonfires , and fireworks were prepared at the charge of the publick for the same occasion : but how much soever this was a mock-shew , yet great care has been taken to transmit such relations to the court , of all the particulars relating to their proceedings and success , as are drest with all the art imaginable , with a design to perswade them , who are but two ready to believe it , that all the people every where , have re-united themselves to the church , with all the freedom and good will imaginable ; and because they were resolv'd to make sure work of it , they have accompanied the same relations with certificates , which they caused to be signed by the same means , as they have procured their conversions , as they are pleased to call them ; and wherein those who had suffered a thousand outrages and violences , that cannot be named without detestation and horror , were constrain'd to declare that the king's soldiers , who of themselves are well known to be as profligate wretches as any in the world , had lived and demeaned themselves among them with all modesty , and had kept strictly within the bounds of their orders , which yet , my lord , is a base equivocation , for who knows what their orders were ; but what is more pleasant yet then the rest is , that besides the forementioned narrations and certificates ; they have transmitted hither also a speech made to the intendant by monsieur de v — a member of the parliament of pau , who was one of the chief instruments to induce the church of that city to come to a compliance , and who taking upon him to speak in the name of the rest , came to give him assurances of their entire submission : but i hear , my lord , he is like to have but little thanks for his pains , for the council here are no ways pleased that he should attribute the conversion of that same church , to the king's puissance , and thereby make too clear a discovery of what they have no mind should be known by any means , viz. that any of the soldiery have been imployed in this expedition , these were his words , which i take to be genuine , that there was need of the same force that had subjugated both seas , and also made the spaniards humble , to cause the reformed to re-unite to the church . which words being not to be explicated any other way , than by force of arms ; and concerning which , the spaniards willingly acknowledge , that the power was much more formidable than the justice of them ; the council have stomacked it , and the more it seems , because the same lawyer has foolishly and impertinently attributed the best part of that conquest to the intendant ; which procedure did not concur , and fall in right with the court maxims , who are wont to attribute to the king alone , all the glory that redounds from all events . i shall not transgress , my lord , by any further enlargment upon this subject , hoping your kind interpretation of what i have here troubled your honour withal , and that you would be pleased to retain a favourable opinion of my sincerity in all the parts of my correspondence , and give me leave , still to subscribe my self , as i really am , and ever will be , my lord , your lordship 's to command . paris , sept. . . n. s. letter xiv . of the violences offered to the barons of mompeton , de mauzac , de vichase , and de la mothe . my lord , having not yet any better entertainment for your lordship , then by pursuing the same subject i have of late dwelt upon , in the course of my correspondence ; i shall once more adventure upon a short relation of what has lately come within the verge of my intelligence , concerning the barbarous usage of the barons of mompeton , de mauzac , de vichase , and de la mothe ; and the rather , since , if i am not much mistaken , i have heard your lordship formerly mention some of their names , and particularly , de mompeton , as being of your acquaintance , when you travelled in this kingdom : these gentlemen were members of the church of montauban , where lately the dragoons are come ; but it seems , before they began to exercise their fury upon the poor people , it was contriy'd , by the prime commanders , how they might entrap the fore-mention'd honour'd persons , as being of great authority among the rest of the people , and capable to draw others to follow their example ; but yet observ'd to be of as known integrity , and of whom they were in despair to compass their ends , unless it were by surprize ; wherefore they had notice given them secretly , that in order to prevent the pillaging of their houses , they ought to go and pay their respects to the marquess de boufflers , who being a person of honour himself , would not fail to use them as such ; whereupon the baron of muzac , having presented himself first , at the house where the marquess had taken up his lodgings ; he was made to wait in the anti chamber , till such time as the intendant and bishop , ( who had notice given him of the design ) were come thither ; when they came , they went into the marquesses chamber , by another door , and concerted methods with him , how they might get the baron to become a roman catholick : after they had pitch'd upon the measures they were to go upon , the baron was order'd to come in ; and after long discourse used to him , for to induce him to become a voluntary convert , the bishop began to speak , and said , there was no need of so much ado with that gentleman ; that there was no more to be done , then to bring him down upon his knees , and he would too rights give him absolution of his heresy . whereupon , a parcel of ruffians there at hand , seiz'd upon the baron , foyl'd him , and brought him down upon his knees : this insolent and bold carriage , the fear of the danger , the consternation it brought him under , together with the fall , so far prevail'd upon his spirits , that he swooned away ; so as that those miscreants , who brought him into that dangerous condition , had much ado to recover him , and bring him to himself again . there happen'd , it seems , to be a knight of malta in the place ; who , being a man of great honour ; and finding that this way of converting the world , was a very odd and new way , and little agreeable to christianity , he would have taken him away out of their hands ; but , so intent were these vile sparks on their enterprise , that they would by no meanes give way to the intercession of the knight , unless he would charge himself with being responsible for the baron's conversion ; but whatever the gentleman did for the keeping of his word with them , towards bringing of the baron to a compliance , i am credibly inform'd , he could not prevail ; but that the soldiers were those who got their ends on him ; and , that having , by a terrible method , viz. by forcing him to keep continually awake , without any intermediate rest , they brought him at last to dote , and be beside himself , when they extorted his signing . this bad success did not discourage the convertors , as they were call'd ; for the baron de vichase entring a little after to pay the same respects to the marquess , they would have used the same violence to him ; but though they got him down , yet he bravely got up again upon his legs , and clapt his back against a wall , and his hand to his sword , and that with such a resolution to defend himself , in case he was assaulted , that they chose rather to give him over , and push the matter no further : the baron de mompeton was the last that came ; who , though of such advanc'd age , as being near seventy four years old , and of such quality , as being lord of a very considerable borough , in the diocess of montauban ; yet had no more respect , nor pity shew'd him then the rest : for they set upon him in the same manner as they had done the rest : but happening fortunately to be booted and sparred , his spurs hindred them from throwing him down , and his firm and stout expressions stopp'd the bishop's mouth , and he escaped , tho' he was taken afterward in his flight out of the kingdom , and condemn'd , according to the rigorous proceedings of this court , to the galleys : and though his age and quality , besides the great sollicitations made at court , in favour of him , might render the matter very easie to be obtain'd ; yet it was with much difficulty that he was got to be exempted from that odious condemnation , and this was given out as an extraordinary mark of the king's clemency : the baron de la mothe avoided the smart , by not appearing at the place for that time ; but he was punish'd soon after , by having his two fine houses destroy'd : and lately , through a tedious misery of a prison , they extorted a compliance from him . i hope this will find your lordship in health , and free from such — in this ticklish time , which shall be the daily wishes of my lord , your lordships most humble and most devoted servant whilst paris , nov. . . n. s. letter xv. of the revocation of the edict of n●ntes , how monsieur le tellier the chancellor hastned it , and his own death . my lord , the parliament is not yet open'd here : when there was no doubt made of it , but that it was fully design'd the edict of nantes would have been revoked ; but most people were astonish'd to see the revocation come out before the said time , and great inquiry made into the secret of this unexpected procedure ; for though the violences i have , in some of my former letters to your lordship , given an account of were really such , if not worse than represented , yet they were christened with the name of making converts by fair means ; and the court would make the world believe it to be so at all points . and to elude the poor reformed with the vain hopes that they should yet enjoy the benefit of the edict a long time : they had an order put forth the th of september in favour of them , in respect of marriages , which they had , for a long time , before sollicited for in vain : but , it seems the chancellor has been the means to hasten it , as i am credibly inform'd : for finding himself burdened with years and infirmities , and fearing least he might be overtaken with death before the fatal blow were given ; he did , at last , by fresh and repeated instances ( alleadging , he could not live to the time the edict was design'd to be nullified , and that he was not willing to die before he had put the seal to the revocation of it ) obtain his ends ; but , my lord , it 's very observable , that he had no sooner done it , by putting to the seal , but that he neither would , nor could seal any other order whatsoever ; but died here three days ago very uneasie , tho' he blasphemously said ( when he had done it ) the words of old simeon , that after he had seen the salvation of the lord , he would go to his grave in peace . i do not question but your lordship had heard before of the revocation of the edict , but the death of the chancellor , and circumstance of it , i suppose you have not , and that is the occasion of my troubling you with this letter , which i shall conclude , with suscribing my self , my lord , your very humble servant . paris , nov. . . n. s. letter xiv . containing some observations upon the french king's edict in octob. . for the revocation of the edict of nants , made in favour of the reformed in the reign of henry the fourth . my lord , i have very lately given your lordship an account of the death of monsieur le tellier , soon after the revocation of the edict of nants ; i am apt to believe your lordship has not seen the said revocation , and therefore , to keep my hand in ure , and for want of better matter to gratifie your honour's expectations , i shall descant a little upon the particulars of it : after the prefatory part of it , it 's asserted as a constant truth , that the edict of nants was not given , but with a prospect to revoke it ; that not only the king himself , since his accession to the throne , but even his father and grandfather henry iv. had a design to bring the reformed back to the communion of the roman-catholick church ; and that civil and foreign wars have been the only cause that had retarded the execution of that design ; that before the conclusion of the truce in , affairs were not brought to a fit disposition to bring it about , and that till now they had been content to suppress the places of their worship , and to abolish some of their privileges ; and that in order to make way for the accomplishing of this great work , the king was the more easily brought to conclude the said truce : this being prefaced , the rest contains twelve articles , importing in general , that all edicts made in favour of the reformed are null ; that the reformed religion shall be no more exercised in the kingdom ; that all the ministers shall be hanish'd , yet with promises , that if they became converts in a limited time , viz. in fifteen days , they and their widows after them should be provided for , &c. that no reformed schools shall be kept in the kingdom ; that all children , for the future , shall be brought up in the roman-catholick religion ; that those might return into the kingdom in four months who were out of it , else to have their goods confiscate ; that none , for the future , shall dare to go out of the kingdom , under penalty of the galleys , &c. that such declarations as have been made against those that relapsed , shall be in force ; but , last of all , it g●ants the reformed liberty to remain where they please , in the kingdom ; to continue their trade , enjoy their goods , without any molestation or trouble , under pretence of their religion ; upon condition notwithstanding that they shall not exercise the same , nor keep any assemblies under pretence of prayers or any other worship whatsoever . but how specious soever this article may seem , it 's already apparent , that 't is but a meer illusion , and that there is much cruelty couched under it : it would insinuate to us , that the king had no design to forbid domestick worship , and to enforce mens consciences , since this expression , till such time as god shall be pleased to enlighten them , has been added , as one fine spun thread to the rest of the net : but the court and clergy have made it already appear , that this was the least of their thoughts , since they have actually caused the troops to march towards the provinces that have not yet been ravaged ; tho'at the same time the chief magistrate of this city has assembled the principal merchants here together , to confirm to them , by word of mouth , what was contain'd in the edict , and to assure them , they had nothing to fear upon that account . and this has had a very pernicious effect already , for it has sent many home into their houses again , who had taken measures to be gone , with their families , out of the kingdom ; for the most distrustful persons could not perswade themselves , that so solemn a promise could be made with an intention to break it the next opportunity ; but experience has very quickly taught them , that the imprudence to return was to no other effect , than to receive the dragoons into their houses ; and now , when 't is too late , they come to know , that the marquess de chateauneuf had no other design , than to lay a snare for the credulous , by a base equivocating phrase , and such as the jesuites usually have made use of in forming the orders and declarations concerning religion , which have passed thro' their hands ; and that by adding to those words , waiting till the lord shall be pleased to enlighten them , these same , as others ; he meant no other , than that the dragoons , who had enlightned the first converts , should also be the dispensers of the same light to those who continued still stiff and opinionative . but i shall , in my next , give your lordship further information of this base and double-dealing , so much to the dishonour of this court , and the ministers of it , from whom , as in the litany , — i commend your lordship to the divine protection , and shall ever while i live do so , and remain , my lord , your lordship 's most devoted servant . paris . dec. . ● . n s. letter xv. of the marquess of louvois's letter , authorizing the severe prosecution of the reformed . as also an order by him signed to the same purpose . my lord , i have made a kind of a promise to your lordship , when i writ last , to give you some further explication of the double-dealing of this court upon the subject-matter of the edict of the revocation , and particularly that article that seemed to contain so much in favour of the reformed ; and such , my lord , it was , that the very romanists themselves thought fit to suspend the course of their violent proceedings against them upon it : and therefore monsieur the duke de noailles , who had receiv'd orders for the province of languedoc , which that clause formerly mention'd seem'd to revoke , had , upon the perusing of it , recourse to the delphian oracle of this country , for the solution of so great a difficulty ; upon which the marquess de louvois , the gallican apollo , soon disabused him , and returned to his question this decisive article : i doubt not , but the quartering of a few troopers more than ordinary upon those few of the gentry and commoners , that still remain of the reformed religion , will quickly undeceive them , and convince them of the mistake they have been in concerning the edict , which monsieur de chateauneuf hath drawn up ; and his majesty's pleasure is , that you would make an explication of the same very severely against all those , who will be the last to make a profession of a religion that does not please him , and the exercise whereof he hath thought fit to prohibit through all his dominions . but , my lord , this is not the only letter nor order to this purpose ; for i have had the advantage to see some others to the officers of the army and intendants ; importing , that for the further convincing of the incredulous , it was declar'd , those violences were order'd by the council ; and , in short , the marquess de loavois was the principal author of these cruel expedients : but , above all the rest , i have privately seen an order signed by him , wherein is express'd , that the copy thereof should be sent to the marquess de verac , and which ended with these remarkable words : it is his majesty's will and pleasure , that you make use of the utmost rigour and severity against all those who are not willing to become of his religion ; and those who will have the vain-glory to continue to the last of the number , must be used and prest upon to the utmost extremity . i 'll leave it to your lordship's wisdom and known sagacity , to ruminate upon and judge of this legerdemain procedure , and crave leave to acknowledge ( tho' it be never out of my mind ) the many favours you have been pleas'd to shew upon all occasions to , my lord , your honour 's , humble servant . paris , decemb. . . n. st . letter xvi . of an order prohibiting the reformed to frequent the chappels or houses of the ambassadors of foreign princes . my lord , our court here , it seems , have thought it a little too low to descend to forbid the reformed to frequent the protestant chappels of foreign ministers , and therefore they have consigned that pi●ce of drudgery unto the civil magistrate of this city , who has done it in such terms as are as like to another equivocation i have already mention'd to your lordship , that it cannot otherwise be than a pig of the same sow ; for the order does not mention , t●at those who were still of the reformed religion should not be present at any divine worship in the houses of ambassadors , and of other ministers of foreign potentates ; but it has a term of expression that is very singular and pretty , calling them those who say , they are still of the reformed religion ; as if it were now somewhat strange or criminal , after what hath been mention'd in the latter clause of the edict of revocation , whereof i have some time since taken particular notice to your lordship , to continue still of that religion , to which it hath promised so little support , or use the freedom to say it : but hereby 't is plain , they are intent to cut off the only resource and consolation they had left them under their hard fortune , by enjoyning 'em not to frequent those religious exercises practised in privileg'd and exempt houses . and while the roman-catholicks in all protestant countries have the liberty publickly to be present at their own way of religious worship , which is celebrated in the houses of all popish ambassadors , the unhappy remnant of the french protestants are hereby utterly deprived of the little conveniency which they had , both seldom and secretly , of presenting themselves at the houses of protestant ambassadors , there to pay their devotions with some marks of union . one should think , my lord , the foreign potentates should resent this ; but , alas ! that interest seems to be quite in the wain , since our native country has left holding the scales , which i cannot less than deplore , tho it 's out of my power to redress : but , who knows what your lordship — i am , my lord , yours in sincerest affection and sense of duty . paris , dec. . . n. s. letter xvii . the reformed in france are prohibited to entertain any other servants than old catholicks , &c. my lord , this kingdom swarms still , as it has done for some months backwards , with meer edicts and declarations ; and that chiefly about the poor distressed reformed , whom they think they can never depress low enough . it was in july last that they were forbidden to take any domesticks into their service that were of the roman communion ; and now they are order'd to take none but old romanists to be their domestick servants ; and the same injunctions reach also the new converts . it 's a sad and melancholy subject , i do confess , but were it of less importance , one could not forbear laughing , to consider , that what was pitched upon as highly useful and necessary , in the month of july , for to obstruct the pervertion of catholicks , could some five months after retard the conversion of such as might have been of the reformed way in the service of persons of the same religion ; as if in the month of july , when almost half the kingdom was over-run with dragoons , and who did every where commit the terriblest ravages imaginable , any one in his wits could imagine that those of the reformed religion should think upon the perverting of any of the roman-catholicks to their way ; or that in the month of december the handful of the reformed , who are accused by the king's declaration to persevere still in their erroneous opinions , are in a condition to take into their service all the rest of the reformed , who are brought to a state of serving other people to gain them an honest livelihood , and by this way to hinder the efficacious means , which the king declares he doth make use of for the reducing of this poor people to obedience . it 's impossible for me , my lord , to decipher to you the daily hardships put upon these forlorn people , whose miseries daily have an appearance of further aggravation and encrease , which , i know , must aggravate your sorrow , and therefore i shall forbear any further enlargements hereupon , and content my self to profess how ready i am to give your lordship all the satisfaction that lies in my power , and to continue , my lord , your honour 's most humble servant . paris , jan. . . n. s. letter xviii . of alien protestants , their usage in france ; and the severities shew'd to the dutch consul at nants , and others . my lord , your lordship may have been desirous to know all this while , that since the french have been so cruel to their own fellow-subjects and natives , how strangers fare amongst them ; and therefore i shall give your honour my thoughts upon this matter , as far as any particulars have come to my knowledge . it 's not long since that we have seen an order here , giving leave to all protestant strangers to have free egress and regress into the kingdom , with their wives , children , servants , and others of their nation , at will , and with the same freedom and liberty which they enjoy'd in times past ; but they are strictly charg'd to carry none of the king's subjects out with them , without express leave under the secretary of state 's hands , nor to exercise their own religion , whatever religion they be of ; which last words were ●●●dden in craftily by the jesuites , after that of protestants , to the end they might enhance the divisions amongst them , from which the missionaries drew their greatest arguments to entrap the simple and ignorant , and whereby they would tacitely insinuate , that all the sects which at this day dishonour the christian religion , and which agree in any one thing with protestanism , are so many protestant sects : tho' it 's well known to the world , that all true protestants both shun and abhor their communion . such an order was certainly , at this time , highly necessary ; for , tho' no orders have been issued out for to hinder those who would not become romanists to enter the kingdom , yet the court was afraid their rigorous proceedings against their own natives would deter others , as thinking they could expect no better treatment , nor more safety in their persons and estates in france than natural frenchmen ; but how little benefit many alien protestants have received hereby , is notoriously known in every part of this kingdom ; and the dutch consul at nants has sadly experienc'd the same ; tho' one should have thought his quality was able to secure him against any violences to be offer'd him in that kind . it has been usual , my lord , for foreigners , who have resided in this kingdom , relying upon the publick faith , and flourishing by commerce , to love to take care to preserve the fruit of their toil and pains in a country where the right of inheritance took place upon their taking letters of naturalization ; wherefore many such are to be found here this day , who never dreamt that they should be molested in their religion , and thereby run the hazard of losing their estates also , as thinking it to be a matter very conformable to the rules of justice and the law of nature and of nations , that they should be reduc●d to their primitive states , as others , when the kingdom thought fit to revoke the edicts , under the protection and duration whereof they had made these advances ; and alledging , that they did not become frenchmen , but conditionally , that they might enjoy the freedom of their consciences ; seeing without that they would never have taken those engagements : or if the government thought not fit to observe them , the least it could do , was to remit them to their former liberty , and to give them their choice , either to enjoy the priviledge of their letters , whereby they were naturaliz'd , by turning roman-catholicks , or to lose that advantage , and to be look'd upon for the future as no other than strangers , if they persevered in their own religion . but these pleas , tho' full of reason and equity , hath little availed any of them , for they have been generally treated with the same rigor and severity as the rest have been : and to this end there are and have been forty s●ivelling pretences rais'd , to involve them in the same misery ; if any of them have french wives ; if they have children by them of such an age , born in this kingdom ; or if they have a father or mother-in-law living with them ; this is enough to quarter the dragoons upon them . in short , my lord , i cannot see how it can be safe for any protestant to come and reside in this country , notwithstanding what is contained in the forementioned order ; for tho' this court might be punctual in the observance of it according to the letter , yet seeing it doth positively forbid , that such strangers should exercise their religion here , it brings but a small remedy to the evil they have apprehended might arise by the fear which might possess the minds of foreigners from residing and trafficking amongst them , unless such protestant alliens will be content ( which cannot be generally thought of them ) to live without any worship at all ; for they must expect , if they do otherwise , tho' it be their private devotions only in their families , to be liable to the rigors of the same inquisition with the french protestants themselves . i find they are resolved here to carry all things with an high hand ; i heartily wish it may be no pattern to our — i remain , my lord , your most humble and most devoted servant . paris , june . . n. s. letter xix . concerning the ignorance of popish convents . my lord , it 's scarce credible how ignorant the popish convents in this country are of all good literature , especially the women-kind , who have entertained such monstrous notions concerning the principles of the reformed churches , that without i had had it from incontestable testimonies , i should not abuse your lordship , and hazard my reputation with you so far , as to mention it to you . i know not whether i have formerly given your honour to understand , that it has been a frequent practise here to put young maidens of the protestant faith into religious houses , to be tutor'd there , in the catholick faith , and where they have found the grossest ignorance both of their principles and practises , as ever would have entred into the thoughts of rational animals : they have looked upon and entertained them as if they were such as had no belief in jesuschrist ; and not only so , but as such as did not pray to god , but invoked calvin or luther only ; by others they were looked upon as jews that had not been circumcis'd , or did not eat any swines-flesh . with a thousand such chimera's and absurdities have the crafty priests fill●d the noddles of those simple women , who think all they say an oracle . but tho' many distressed persons have been extream sufferers , and felt the effects of these prejudices in a most rigorous manner , yet we are not without examples of others , who when by their piety , innocence , and knowledge they had disabused those who have the charge of them , have been treated by them with much tenderness and humanity . i would not , my lord , have continued a correspondence so little to your honour's information , had i not lain under your commands for my so doing , and that you have always express'd your satisfaction with my endeavours to serve you , who am , my lord , yours , in all humble observance . paris , july . ● . n. s. letter xx. of mareschal schomberg , and the m. de ruvigni's retreat out of france ; and of the favour shew'd to the marquess du quesne , with the reasons thereof . my lord , i do not question but your lordship had acquaintance with mareschal schomberg , when some years ago in england ; you may , perhaps , see him there again in a short time , for he hath with very great difficulty , notwithstanding his many and signal services for this crown , obtained leave to depart the kingdom , but under very hard restrictions , the number of his domesticks being limited , and the vessel wherein he embark'd view'd very narrowly : the court before his departure appointed him portugal for his retreat , that so that same country , where he has been known for so many victories , might become unto him rather a place of exile , than retreat . the marquess de ruvigni had always some measure of the king's favour , but that , together with all the interest he has had with his ministers of state , were little enough to procure him leave to retire with his family into england ; but whether arrived there , your lordship can tell much better than i. as for the marquess de quesne , tho' fourscore year old , and a person that hath deserved so much for his long and glorious services , and under whose conduct the naval power of this kingdom , heretofore so inconsiderable , was become formidable to all the world ; yet he hath not been able to obtain leave to go finish his days in a protestant country : but the court have complemented him seemingly with a great favour , viz. to continue in this city , with assurance he shall not be molested upon the score of his religion ; but no doubt but this favour hath proceeded more from court-policy than any good-will ; for they are , it 's very likely , afraid , that had they granted him leave to depart the kingdom , he might go and inform strangers of the state of their marine affairs , the weakness and defects whereof he knows , as well as he can discover the strength and power of the same ; and as for the liberty of his conscience granted him , they found that also expedient , to hinder him to practise his escape by one artifice or other , if he were menaced with any constraint . i did not think once matters would have been brought to this pass here ; but when they are at the worst , there will be hopes they will mend , as i hope i shall in my intelligence to your lordship , who am , my lord , devoted to serve you . paris , s●pt . . . n. s. letter xxi . of monsieur claude's book , entituled , a protestation , in the name of the reformed ; winked at in france , and king james made their drudge to burn it in england . my lord , to think that your lordship hath not seen and read monsieur claud's protestation in the name of the resormed , were to judge very disrespectfully and diminitively of your curiosity , and therefore for me to descant upon it , cannot but be nauseous ; but give me leave to observe to your lordship the different procedure of the two courts at this time , tho' it s not doubted here , and i hope in a short time to give you a further account of it ; but that they are entred into very close measures and designs together , which will appear in due place : nothing can be heard on this side but the loud and dreadful cry , of constrain them all to come in , while our emissaries , in conjunction with their popish leyitical brethren on your side , are a preaching up a general indulgence to tender consciences , and a sovereign duty , to grant equal toleration to all opinions ; and one would almost believe both are sincere . but , my lord , the burning of the foresaid book , which is an abridgment of the history of the persecution , by our king's order , under pretence of its containing a doctrine contrary to the authority of kings , is an ill proof of the latter ; and an half-sighted man cannot but see , that maugre all the inclination that seems to be in the court , towards granting indulgence to others , their designs must have quite another tendency ; but i find this court has got the ascendency , for they have cunningly enough judged it more profitable to dissemble the injury they conceive they have received by the foresaid book , than to take a publick revenge , for fear lest all the world should come to read a piece that was so dangerous to them and obnoxious to their interest ; and when they well knew they had formed a tool to do that to their hands , with less envy to themselves and more to : : : : : when ever they required it ; i heartily beg your lordships pardon for my freedom with you , who am , my lord , your very humble servant . paris nov. . . letter xxii . of the league made between king james ii. and the french king , lewis xiv . my lord , i have once hinted to your lordship , that both courts were entred into very close measures and designs for to establish themselves to the prejudice of their neighbours ; as i should have been , and am very sorry to have disappointed your expectations , after such intimations given you , i do now as much rejoyce that i have , tho' i may say , surreptitiously , got the heads of the league lately made between them ; for it is here with our minutes as with other things , when they are fresh they are more choice and fond of them . and it was agreed in general , that our king should joyn with the french king in a war against holland , both by sea and land , but in order to carry the same effectually on , it was more particularly concerted . i. that they shall both endeavour to draw the prince of orange to connive at such a war , and to consent to the abolition of the penal laws and test against the roman catholicks , with specious promises of making him prince of holland , secure his succession in england , and of many other great proffers and advantages ; but in case he proves stiff , to endeavour to make a total conquest of that country , and share it between themselves , as was projected in the last dutch war : and whereof , to the best of my remembrance , i have give your lordship a particular relation ; and then to find out some effectual expedients to put the prince of orange by too of his succession in england . ii. that upon supposal that the prince shall refuse to comply with them in their projected designs ; that then the english and scotch forces shall be recalled out of the dutch service , and be sent immediately into that of france , to be employed for a time in remoter campaigns , towards spain or italy , and for want of such service , in garrisons , for fear they shall turn tail and revolt , and so the prince and the states of holland shall be before-hand weakened , and the french considerably strengthened . iii. that some thousands of the french choice men , as of the king's gentlemen musqueteers , and others , shall insensibly be brought into enland , if the king finds his occasions so require it , to be mixt with the english troops , under pretence of learning the other a more perfect discipline . iv. that they shall both joyn their forces at sea , with all strength possible . v. that a good body of french , english , scotch and irish troops shall be put on board both the fleets , that so a mixture may be made in both , to the end it may create less jealousie ; and that the rest of the english and other brittish troops , that can be conveniently spared from england , shall be employed in the land-armies , against the republick of holland . vi. that after the war be once declared , such french refugees as will shew themselves willing to serve under the english banner against holland , shall enjoy the revenues which they had in france , tho' they shall not be suffered to dwell there . vii . that neither side shall desist from the war , till a total conquest be made of the said country , which they think themselves sure enough of : and that when holland shall be subjected by their united force , there will then be no more fear of any opposition in england to prevent the king from raising arbitrary power and the roman catholick religion there to the same heighth as it is in france , nor from concurring with the french king , till he shall obtain the empire for himself . viii . that the french king shall pay all the brittish forces in flanders and elswhere , and be content to defray half the charges of the war , that our king with his pecuniary assistance may be enabled to hold on the war with vigour and constancy enough for to make a conquest ; but that afterwards , for a recompence , he shall be obliged to assist france in any future war with thirty capital ships , and twenty thousand men , at half charges born . your lordship knows , much better to make a a judgment of such a league than i can pretend to , but i perceive the effect will be dreadful , not only to poor holland but to england too , without the neighbouring potentates be timemously awakened to ward the blow ; and that such worthy patriots as your self rowse up and stand in the gap : but i pretend not to dictate to your lordship what every generous english man's duty is to god and his country upon such an occasion , and so conclude with subscribing my self , my lord , your very humble servant paris , jan. . . s. n. letter xxiii . of methods to be practised by king james for keeping up the dispensing power , and and particularly about discarding the militia of the kingdom . my lord , i have upon another occasion hinted somewhat to your lordship of those arguments urged to the king for the promoting of the dispensing power ; and you know very well , since it has been put in practise in westminster-hall , in the case of sir f. h. and how that matter terminated to the king's satisfaction , and further heightening of his perogative royal , and how the same was established by the concurrence of the judges of the land , if they may be so called , who authorized the same : these points being gained , another matter and that of an higher consequence was agitated in the cabinet council , viz. to use some means totally to discard the militia of england , and in liew of them to retain standing troops in the nation ; and to throw a little dust in the people's eyes , and amuse them so as that they might take little notice , or at least not oppose those their proceedings , it was advised to act these previous things . in order to ballance the great power of the city of london , it was projected to grant a charter to that of westminster , and that under the pretence of its being the royal residence of the kings of england , and of the supreme court of parliament , and therefore ought to be dignified with as ample previledges as any city in the king's dominions , london it self not excepted ; and to have a lord mayor , court of aldermen , sheriffs , and all other officers necessary both for the support and grandure of it ; that great encouragement should be given to rich merchants , wealthy tradesmen , &c. to dwell there , and to transport a great part of their trade thither , which would cause them to stick close to the court , and interests thereof . and had this same project gone on , it was also projected to have a new stone-bridge , imitating that of london , but built much broader , and more convenient , erected between the palace-yard and the horse-ferry , and the king seems very eager and forward to promote so useful a work. then the mews was to be ditched round , and great care taken , as well as expedition used to have it filled with stabling and other buildings , fit to receive and lodge a good body of horse , and to be made a cittadel , under pretence that such troops should not be troublesom and a burthen to the said city . and when all this was accomplish'd , which was concerted to have been brought about in a short time , then the militia of the kingdom was to be new modelled , two or three times over , and the new lords lieutenants of counties , and other officers chopp'd and chang'd to the court's mind , who should shew themselves willing to obey the orders they were to follow , which were to this effect . that the militia should be ordered to meet in their several respective districts , and there the lord lieutenants for the time being were to acquaint them , that since to serve in the militia was but a trouble to them , as well as a charge and burthen to the country , yet without any use or security to the crown or kingdom , when all our neighbour nations were armed with veteran troops , the king was advised and now thought fit to discharge them of the trouble , and the country of the charge of maintaining of them for the future ; and so order them to deliver up their arms , to be distributed among regular troops , that would be more useful and serviceable . but before this was to be put in execution , it was , my lord , resolved , a toleration of religion should be first granted , and severe orders given to the soldiers for to pay their quarters duly , demean themselves quietly and orderly , and to abstain from any manner of violence ; and all manner of persons , as well protestants , dissenters from the church of england , as others of the roman communion , should be admitted into the army , either as officers or soldiers , and if any of the church-men should grumble thereat , and begin to stomach it , it should be alledged , there was no reason in the world the king should be deprived of the services of any of his subjects however denominated , as to their respective religions , for the carping of a few churchmen , who were more concerned for their own worldly interests , and so would have all places of profit confined to those of their own stamp , than they were for the real interest of the church . then there were to be sufficient bodies of soldiers to be placed all over england , to assist the lords lieutenants to see all the forementioned orders put quietly in execution , and ready to suppress any tumult that might be occasioned thereby . this , my lord , was the projection , i shall endeavour to give your lordship , in my next , an account of the opposition made hereunto , as this and the rest have been lately entred here in our minutes , from papers transmitted by the resident of modena and count dada the pope's nuntio in england , to the resident of that name , and papal nuncio in this kingdom , and by them communicated to monsieur louvois ; till then i am and ever shall be , my lord , your humble servant . paris , feb. . . n. s. letter xxiv . of the opposition made by several noblemen , and particularly by the lord marquess of powis , against discarding the militia of the kingdom . my lord , 't is but a few days since i sent to your lordship the particular resolutions formed in the cabinet council , of discarding the militia , and other methods that were to be pursued , as either previous to or subsequent of such a design ; and now , i can assure your lordship , that same project was chiefly broken by the marquess of h. d — of n. and some other noble persons and worthy patriots ; but the marquess of powis had a greater hand in it than any of them , as being of greater credit with the king , who represented how dangerous and in a word how impracticable such a project was ; for , said he , it will be impossible to find such lord lieutenants in the kingdom as will undertake to put the same in execution , nor no officers that will obey , if they could find such ; that such a practice would necessitate the king to call in a french army , which would as much inslave his majesty to the french as his own people would be thereby inthralled to him , and that he might assure himself the french faction had no other intent in advising him to it . so that i find , my lord , it was resolved to let the militia alone as it is , and go on to secure their proceedings , by stuffing the army with a mixture of nations as well as perswasions , and to chop and change them so often , till at last they shall get roman catholicks enough in their troops so as considerably to out-number the protestants there , without calling in any bodies of french. which resolution , as i find it did not fully content this court , so it hath madded them to use stratagems to counterpoise it , by putting the king upon unseasonable and impolitick artifices , and among others , to model and pack parliaments , whereof i shall be able in my next , i think , to procure your lordship the projects laid before him , humbly hoping you 'll take all in good part from one that has an english heart , and will love both his country and your lordship , whilst i am . paris feb. . . n. s. letter xxv . propositions made to king james ii. by the french agents for modelling and bridling of parliaments . my lord , i find abundance of projects offered to the king by the agency of this court concerning modelling and bridling of english parliaments ; some were for putting in execution the advises given formerly for that purpose to king i. i. specified i think in rushworth's collections , to which i refer your lordship , but that proposition was rejected , and others of more modern date urged upon him , and particularly there were some who would have him procure a parliament by oliver cromwel's methods , chiefly to be composed of the officers of the army , with an intermixture of some few others ; and that being effected , he might by them increase very much the revenue of his crown , by setting up again the court of wards and the right of purveyance , and by obliging all such noblemen who were by their tenures anciently obliged to furnish so many horse and men , and other necessaries , in the wars either against france or scotland , to supply a full equivalent towards ships , men , artillery , provisions , &c. for a war with the republick of holland , or any other enemy whatsoever ; which they would have called for the greater amusement of the people , a restoring to the crown the jewels which had been usurped from it ; which that it might be further secured , it was likewise advised , that a star chamber , with the same jurisdiction as in the king's father's time , should be set up again ; as also an high commission , which last tho' a sort of tribunal introduced into england , since it had proved schismatical , and that the kings thereof had been declared head of the church , yet it might very well serve a present turn , and give the less jealousie of his designing to introduce the roman catholick religion among them thereby ; but that if he did not look upon that expedient seasonable , and that the rather because it had been abolished in parliament as a grievance to the subject ; he had no reason to oppose the setting up of an ecclesiastical commission , since the parliament themselves had erected the same , tho' with a more limited power than the other in lieu of it ; and since they had judged it necessary for the repressing of the insolencies of the churchmen , regulating their manners , and obliging them to discharge their respective duties in their several stations , he being a catholick king had more reason than any other to make use of it ; the last your lordship has seen , they have gained , and tho' the king hath a great stomach to that other , yet my lord powis's party hath yet prevailed and affrightned him from venturing upon such things without he had been able , as he found he was not , to have succeeded in pulling down the militia of kingdom , or at least in getting such an army which he could fully rely upon , and that he hath not yet got neither ; but till then he could not pretend to declare the grand charter void , as obtained by force of arms , and since infringed and nullified by several rebellions , but especially by that in his fathers time , on the subjects side , and now rule by a council only without troubling himself with any thing more like unto a parliament as his french friends advised him to . your lordship will excuse the freedom i have now and always used in my correspondence , and accept of my humble duty who am and ever intend to continue , my lord , your honours to command . paris , april . . n. s. letter xxvi . the substance of pope innocent xi . first letter to the french king , about the business of the regale . i cannot think but it will be acceptable to your lordship to understand what the contents of the pope's letters to the french king are , especially in such a conjuncture as this is , and when i believe you cannot be furnish'd with a genuine account by any other hand ; after the prefatory part which is short and concise and somewhat different from others of his predecessors , he comes close to the matter and says , that he could not but reflect with no small astonishment as well as great grief and sadness of heart upon the late unaccountable conduct of so great a prince , who would be thought to be and called himself the first son to the catholick church , and withal the most christian king against the holy see of rome ; that he should as much as pretend to so much zeal for religion , and yet at the same time , to invade the known rights of the catholick church ; not only in the kingdom of france , but even in the city of rome herself , by pretending to a pernicious freedom of quarters , which all other catholick princes had freely and generously renounced as a gross abuse . that his persecuting the protestants in the kingdom of france ought no ways to priviledge him to put affronts upon the holy see ; it was very plain that was not the way to reunite those people to the church , when he himself was so ill a pattern , and shewed them so bad an example , by contemning and outraging that same authority , which he used force and violence to make them own ; that he was much in the wrong , and acted preposterously to prosecute them for not believing what he himself so scandalously opposed ; and that for himself at the bottom , he was not of a persecuting spirit and principle ; but that he was fully convinced , it was never christ our saviour , nor any of his apostles way , who themselves never were nor ever used any preachers with long tails , boots and spurs , &c. that such a practice had done most disgrace to and created , as well it might , more implacable prejudice against the roman catholick religion than any thing else whatsoever , and so by consequence had much more obstructed than advanced the propagation of it : that it ought never to be used in any kingdom already infected with heresie , tho' it 's true , it were a very good fence against its creeping in where it had yet got no footing ; that it would be a means to blast all the blooming hopes of the catholick cause in the kingdom of england , and ingender pernicious jealousies and a most cruel opposition in the english , a stiff necked people and the most jealous of their religion and liberties of any nation upon the earth , against their king who was a true son of the church , and break the neck of all his designs for the introducing of it into his dominions : and in a word , that he was so far from approving of it , that he every way disliked it , and that it should not throw dust in his eyes from inspecting into and opposing of his incroachments upon the holy see , which he was resolved to defend to the utmost extreamity ; and so concluded with a short admonition , and with which concludes this letter to your lordship from him who is , my lord , your most devoted servant . paris , june . . letter xxvii . an account of pope innocent xi . second letter to the french king about persecuting the french protestants , &c. my lord , since my last i have had the opportunity to take the heads of another letter written soon after that i have already sent you , by the pope to the french king , and is to this purpose . in the first place he takes upon him to refute the answers and frivolous complaints of the french king , and then descends to ridicule his vain pretence of piety in persecuting the protestants of his kingdom for denying him obedience , while he was no less severe to the bishops of alet and pamiers and some other ecclesiasticks , and even to some poor abesses and their nuns for paying that obedience which was due to the papal authority ; that this ●id not only look like it , but really was nothing less but building up the church with the left hand and at the same time pulling it down with the right . that he was well informed what writings came out in france against his authority , which he well knew , was that of the holy apostolick see ; what theses were there maintained , and what was done by his over awing the assembly of the clergy of his kingdom , how and what method , he had taken to vel the french jesuits against him , and imployed maimburg , to represent his supremacy as precarious , itineran and ambulatory ; and not fixt to the city of rome herself , but only to the capital city of the most powerfull christian prince in the world for the time ; that is , gallice to paris in the present age : that he well understood not only this , but also the designs that were formed by him to erect a new religion which should totally swallow up and de●our both roman catholicks and ●rotestants , and how far he purposed to imitate king henry viii . of england who writ a book for the pope's supremacy , and not long after burnt aed beheaded people for owning it ; when also at the very same time he persecuted the protestants for opposing other points . that it very ill became and it was not the part of a dutifull and religious son ●s he pretended to be and would have the wo●ld believe , to abuse his supream pastor ; to dispoil him not only of his ancient rights , granted him by his pious predecessors , but even of those very ones which he then injoyed and were derived by universal consent and constant tradition of all good catholicks , and of the rights of his just sovereignity in the city of rome herself . that however let him the french king do what he pleased , yet all that ever he should or could do , should not make him abate the least jot or tittle of his just pretensions about the regale , nor the franchises of quarters : but that he was resolved to be pope in france and sovereign in rome , from which no force should ever make him depart or flinch back the least degree , whatever dangers he were exposed unto : this great constancy , my lord , in the old pontiff , hath not a little appalled the exorbitant pride and fury of this court ; however they have put the best fa● : they can upon it , and seem resolved to break through all opposition , and outbrave whatever shall be in their way , and divert their resolution ; and i am assured the french embassador lavardin at rome hath already , pursuant to his orders from hence , highly menaced the old dad , who in a third letter to the king has made answerable reply , of which i am pretty confident i shall in my next transmit to your lordship the particulars , but in the mean time remain , my lord , your faithful servant . paris , june . . n. s. letter xxviii . the contents of pope innocent xi's third letter to the french king , in answer to that of h●● ; wherein he shews his folly and mistake in his pretentions and demands , and threatens the censure of the church against him , and shews the inconveniency and danger of setting up a patriarch in france , &c. my lord , i wish your lordship as much satisfaction in the perusal of this letter , as i have in keeping my promise made to you in my last about the pope's third letter ; in getting sight of the minutes whereof , i have met with much greater difficulty than i expected , or was usual with me ; i have already hinted monsieur lavardin's menaces made at rome upon the subject matter of the former letter ; and therefore the pope begins his with answering those menaces , that imported that the king should affranchise france from the roman see , nominate a separate patriarch there , ●and elect bishops of his own without having any recourse to the bishop of rome , and in the mean while invade the pope's territories with his arms , and force the franchises for his ambassador ; and fiercely replying , that he is resolved , as in conscience bound to do , to transmit the franchises and all other rights of the apostolick see to his successors as he found them . that he would recognize or allow of no bishops of the king 's nominating , till he had satisfaction about the regale ; that if he would be so heady as to proce●d ●o nominate a new patriarch , it would make a greater combustion in his kingdom than he was aware of , to which his persecution of the protestants would not a little contribute which he should find would be very unseasonable for him , and would in all likelihood raise all christendom against him , as well as his own subjects ; that thereby he would make a wide gap to let in an inundation of heresies , which he pretends to keep out , and would teach the people after they had once trampled on the pope's authority , to trample at last on that of the bishops and king 's too , and even on their very persons , as they had done in england ; and that when he had pulled down the mighty dam of the papal power , and let that raging sea in , it would be out of his power to stop it where and when he would : wherefore he conjured him and his clergy to consider seriously , yea twice and thrice of that weighty project , before they went to put it in execution , lest they might , when they found it too late , repent it , and in vain attempt to recal the same . that he must not think to fright him with the noise of an invasion ; for that tho' he would neither arm himself nor the rest of the princes of italy against him , as he might do , but oppose only prayers and tears , yet if he desi●●ed not from his pretended regale and franchises , he would excommunicate lavardin his embassador , and interdict his kingdom , and and set it in such a flame about his ears , as should make him glad to go tamely back again , and look after his own home ; that after all , should he sack and plunder rome , captivate his person , and have all other successes he could imagine , it would be a very inglorious expedition for lewis the great , the eldest son of the church , and such a pretended bigot for it , for to ravage its territories and assault the supreme pastor of it with those arms with which he was bound to defend it ; and but a small triumph to so great a conqueror to over-power and martyrise a poor , helpless and unarmed old man , as he was , for whom some of his predecessors would have been content to have become martyrs themselves ; and therefore conjures him to think once more very seriously of it , and then to act as he pleased , but withal assures him , that neither his menaces nor his arms shall make him flinch an hair's breadth from those his last resolutions , wherein he was fully resolved to persist to the last drop of his blood. thus , my lord , you have the brave resolution of a roman pontiff , who , tho' the title and dignity of christ's earthly vicegerent be falsly ascribed to him , yet undoubtedly he is possessed of a soul above that of common mortals , and whom i therefore honour and esteem , as i have always done and ever shall your lordship , who am , my lord , your most humble servant paris , june . . letter xxix . of the tryal and suspension of the bishop of london , by vertue of the ecclesiastical commission . my lord , i have once and again intimated to your lordship some methods that were proposed to be prosecuted , in order to the setting up of the king 's dispensing power , and among other things , to the best of my remembrance , taken notice of the ecclesiastical commission , with the reasons urged to the king for making use of it ; and now you have seen the effects of it upon my lord of london , whom some of them have said , they were resoved to be revenged on , for doing his duty in the house of lords , by moving after the lords had voted an address of thanks to the king for his speech to that session after the death of the d. of monmouth , in his own and his brethren's name , that the house would take the king's speech into consideration and debate the same ; but this way was not then resolved on , but several others projected , which yet they found impracticable ; when the commission was agreed to be erected , they had even then an eye to the bishop , tho' no plausible pretence for the prosecution of him , and therefore the said commission lay dormant for some months , till such time as they might see the effects of another project to be put in practice , which was , that some reglements made in the late king's reign , in the year . importing , among other things , the clergy in their sermons should not meddle with state affairs , nor enter upon any question that concerned the rights of the king's subjects , nor to treat of some points in divinity which formerly had created great troubles in the kingdom , particularly those of predestination and free-will , nor yet to mixt invective reproaches , railleries and scandalous expressions with their controversies , should be republished under a very strict injunction of all parties concerned to the observance of them ; and the least transgression in that kind to be punish'd with the utmost severity ; they did not question in the mean while , but that in so ticklish a time , there might be some one or other , especially in the diocess of london , whom this bird-lime might catch ; your lordship knows how it fell out accordingly , in the case of doctor sharp . tho' they were mighty jealous of the old gentleman of canterbury , that if he were nominated in the commission , and should chance to act , which was the least of their thoughts he should , he might rather thwart than promote their designs , yet being pretty confident he would not concern himself with it , they adventured to put him in , not for his authority but his name-sake only , for , considered they , should we get the bishop of london once into the toyl , he will have no room to plead to the jurisdiction of the court seeing the same was founded upon the concurrent , tho' in truth but nominal , authority of his metropolitan , to whom he owed canonical obedience ; these things your lordship may know much better than i , but i cannot forbear giving you any hints of the court-designs , which whether projected here or on your side , we have constant intelligence of in our : : : : i am , my lord , your lordship 's most humble and devoted servant . paris , aug. ● . . n. s. letter xxx . of the liberty of conscience , first granted in scotland , and then in england , by king james ii. my lord , your lordship may call to mind what i have before written to you concerning tolleration in religion , as necessary to facilitate the king's designs , and now you see it hath sprouted up in scotland , and the buddings of it are visible enough in england ; that the parliament of the former as well as the latter opposed the dispensing power is notoriously known , so that there was much less hopes they would have concurred to the indulgence , a point as necessary to be gained every whit as the other ; that the scotch nation were more modelled to the king's hand than the english , the king himself well knew ; as having a personal share in it when high commissioner in that kingdom in his brother's reign , and the french and english jesuitical faction knew this as well as he ; and therefore i am assured both of them concurred to have the indulgence given there first , and that also in so partial a manner in favour of those of the king's religion , that the rest have hardly any share therein ; which manifests plainly the design of the english catholicks whatever specious pretence they may otherwise use , is to bring the people of england also under the same , nay a worse yoke of servitude , and to have their own religion predominant quickly , and in time the only one in both nations : and as for the third they are cock sure of that already ; but that of the french emissaries is not so visible and above board ; for they hope such partial proceedings must at last incense the people of both kingdoms and that to so violent a degree , that the king must of necessity have recourse to call in french force to quell them : and then , my lord , when they have once got sure footing , who can guess at their farther aim ; however , they have not with all their intrigues been able to prevail with the king to use the same partiality in england , who according to the transmission of their intelligence hither seemed very much inclined to it , upon their urging the tractableness of the scotch council in the matter , and what a great pattern they had set to them of england , whom they did not doubt but would abrogate the laws made against roman catholicks , &c. in imitation of them ; but a roman catholick lord , whom i have formerly named to your lordship to have interposed upon the like occasion , thwarted them therein ; he deserves well of his country in some respects , and i do not question but your honour is of that mind ; and so shall i be , till i see more than i do now to incline me to the contrary , who am , my lord , your lordship 's most humble and obedient servant . paris , sept. . ● . n. s. letter xxxi . of the french projects to put king james upon desperate measures in ireland ; and their ends therein . my lord , your lordship may remember how i have formerly given you the state of the ir●sh soldiers in the service of france , during the late king's reign , and what encouragement they have had here from time to time , above any of the rest of the brittish nations , and the large promises that were now and then made , that they should be reinstated in their ancient possessions in their native country . but this king hath no sooner ascended the english throne , but that they have as readily return'd into england and ireland , as they were willing before , even contrary to their allegiance , to remain in the french service ; the reason whereof your lordship must needs know , they having already devoured with their eyes the most valuable preferments in england and ireland ( in the later whereof they have got a lieutenant of their own stamp ) and more than all the lands which they have been debarr'd from by the act of settlement ; having ( as i can assure your lordship ) a previous promise from this court , that the king will use all imaginable endeavours to get his brother of england to consent to abolish it ; and which has put the irish so hotly upon renewing their importunities to the king against the said act , that he hath in a manner agreed to those measures that are pursuant thereunto ; in which motions the irish were order'd to be effectually seconded by the emissaries of this court , who at the same time have encourag'd the irish privately with a promise ; that if after all , the king would not give his full consent , or durst not do them right , their master was resolv'd to do it ; provided they would chuse him for their protector , which they might lawfully do , being at best but a conquer'd nation , against their conquerors , for the recovery not only of their native rights in that land , but likewise of those afresh confirm'd to them by the treaty , ( whether pretended or real , i will not determine upon that head ) with the late k. charles ii , of which the french king was guarrantee , and therefore justly might and ought to be call'd in as a vindicator . and this , my lord , is confess'd here , that they had form'd so strong a party among the irish , that if the king had not in some measure comply'd , or does not for the future , but fail'd their hopes by keeping it , as the interest of his kingdom , one should think , naturally leads him , to that side of the ballance against france , and maintaining the act of settlement , they had bid fair , as i have heard it more than whisper'd here , for a general revolt of the irish natives in their favour , whom they had provided to succour on a sudden , without declaring war , or the least intimation beforehand of their designs , to the king. but now having prevail'd with him to make such advances as he has begun against the said famous act , which they have looked upon , as it were the band of peace , not only to ireland , but even to the three nations , and perhaps they are right enough in their judgment ; they believe they have hereby put him on a point that will quickly bring him into distress enough to need them ; and , consequently , to the necessity of taking his future measures from them , expecting henceforward a more implicite complyance than ever . thus , my lord , have they laid their foundation , the success and event , time must determine : but from such undermining politicians , good lord , deliver england , &c. for the dangers which threaten both its religion and civil liberty are very great , tho' , i hope , not inevitable . pardon the freedom in these particulars of him who is , and ever shall remain , ready to please your lordship to the utmost of my power , and cannot but subscribe himself , my lord , your honour 's most humble and most obedient servant . paris , mar. . . letter xxxii . of k. james's closetting several persons ; and the arguments he was advis'd to use to them to consent to the abrogating of the penal laws and test. my lord , your lordship , for ought i know , may know much better than i can inform you , what arguments the king has us'd to such as have been lately closetted by him ; and if fame be not a — , you are one of that number ; for a list of them is not yet come into our — ; but i can transmit into your hands what has been concerted here in the nature of instructions to the french emissaries at white-hall hereupon ; they were to represent to the king , and he to the closetted gentlemen , that there were four kings who had endeavour'd to bring the kingdom of england into an uniformity in religion , that so the people might live in amity one with another ; and notwithstanding all the expedients , tho' seemingly very likely to take effect and succeed according to wish , which wise politicians had suggested from time to time ; yet they had hitherto proved abortive , and their endeavours had been in vain : that therefore the only way left for to settle tranquillity in a state , so as to be no more to be disturb'd about religion , was to grant every one the freedom fully to enjoy his own : that such an iudulgence of all religions in holland was as much a cause of the flourishing of that state in wealth and greatness , and more than any other that could be assign'd ; and to say that such a liberty , tho' it might be compatible enough with a republick , was not yet with monarchical governments , was a gross mistake ; and experience shewd it to be quite otherwise both in the turkish empire , kingdom of persia , and elsewhere , where the greek and armenian christians have been tolerated in their religion for many ages , and yet have been so far from being mutinous , or disturbers of the respective states they have liv'd under , that they are great supporters of them , especially the armenians , who are almost the only merchants they have in that mighty and extensive kingdom of persia : that the persecutions which our nonconformists in england have from time to time been under , had been the cause of the flight of many good subjects beyond the seas , of whom our neighbouring nations drew great and solid advantages ; and that those who have staid at home have , by reason of the pressures they have labour'd under , provd uneasie , and turn'd malecontents ; and if they have not had virtue and constancy enough patiently to suffer under their misfortunes , they were alwaies ready to favour revolts and enter into factions , whereof they had seen fatal effects in the late reigns , from which no king could be able to secure his person and his subjects , but that uneasie and turbulent spirits would be alwaies ready , under pretence of religion , which they abused , to disturb and molest them . which reasons the king was to back closely with large promises of favour , and if he found any obstinate , to mix his reasons and promises with some intimations of his displeasure ; and , upon an absolute refusal , to proceed to divest some of their places under him . and to alledge for a reason of his so doing , that it was not reasonable that they who refused their services should enjoy his favours ; and that if hereupon any should be so audacious as to tell him , that this practice of his was irregular and contrary to the freedom which the laws of the land allow'd to them , especially as members of parliament , whose suffrages ought to be spontaneous and free , they were to be put in mind , that they had forgot the violences used by king henry viii , upon the like occasions , and the methods so many other kings had put in practise , to engage their parliaments to subscribe to their wills : that they might consider that two of the most famous parliaments that ever were in the kingdom of england had authoriz'd this conduct , in the reign of edward iii , and king richard ii , when some of the pope of rome's bulls were contested , as being looked upon too much to entrench on the king's prerogative ; that the parliament prayed king edward , and obliged richard , almost against his will , to give their consent , by particular conferences with the members , to promise to use the utmost of their power to maintain the king's prerogative , and the rights of the crown , against that see , &c. but if that after all , the king should find , that neither arguments , promises , threats , nor examples would do , he was advis'd to proceed in his brother's steps by ●uo warranto , and so to concert measures with those that presided over elections for the regulating of corporations whereon they depended , tho' this was by far the more tedious way , but yet there was one way to hasten it : for whereas new charters , in his brother's time granted in lieu of the old ones , were many of them retarded , because the court-officers insisted upon too much mony ; the king now might give positive directions to such persons to dispatch them without such considerations , with a promise to gratifie them another way ; and if he found that would not do , then he was to cashier such officers , and put others in their room who would engage to do the business to effect . i am afraid , my lord , i have wearied you with an impertinent letter ; and therefore if an abrupt conclusion will any way mend the matter , i remain , my lord , your lordship 's most humble servant . paris . nov. . . n. s. letter xxxiii of my lord castlemain's being sent ambassador to rome by k. james ; and of his receiving the pope's nuncio in england . my lord , that my lord of castlemain was sent ambassador to rome , has been transacted wholly on your side of the water ; for besides that , this court were then , and are still , at variance with the papal see : there is not the least instruction transmitted from hence ( as far as i can find ) either to england or rome concerning that matter ; but perhaps he might receive them in transit● , and by word of mouth , only from m. l. who failed not to see him : but as for count dada , the apostol●ck nuncio , as they call him , they have shewed some concern here that he should have an honourable reception in england , and have order'd it so as to get our king to dispense with that ceremony which henry viii , and even his daughter queen mary , insisted upon , that he should wait like a mumper at a french port till he had leave granted him to enter into england ; and that the english nation , who had not seen such a vision for near an age and a half , might not be overterrified with it , the french agents were instructed to suggest unto those lords and others whom they should think most susceptible of their sophistry ; that since the king , as a roman-catholick prince , could do no less than send an ambassador to rome to salute the pope , tho' it were but for form-sake , and that his said ambassador had had such an extraordinary reception , and great civilities shewed him there ; it were but very equitable the king , in his turn , should shew the like to his nuncio , who was a layman , and in that quality came to congratulate his accession to the throne , from his master ; not so much as he sate in st. peter's chair , as he was a temporal prince , to whose ministers , as such , the law of nations required a just deference should be paid : that to send a solemn embassy to the great turk , who was a mahumetan , and a sworn enemy to all christians , however denominated , was never so much as boggled at by any english-man or other christian nation whatsoever , either in this or any preceding age : that the ambassadors of the emperor of morocco had been lately received in england most honourably , and yet their master both a mahametan and a barbarian prince , in whose countries christians were treated more like brute-beasts than men ; and should they disdain to concur with their prince , to receive with some ceremony , and if not by way of a publick and pompous entry , yet privately in his palace , a minister from him to whose civilities many of our english nobility and gentry were highly obliged in their travels to rome and italy ? but what success they have had in this petty agency , your lordship can tell much better than i at this distance : but the duke of somerset is as highly exclaimed against here , for refusing to perform the ceremony of introducing the nuncio , as the duke of grafton is applauded for doing of it , who , i hope for all that , will never have the thanks of a house of commons for it . i am , my lord , your very obedient and humble servant . paris , nov. ● . ● . n. s. letter xxxiv . the french politicks to embroyl england . my lord , the french emissaries having gain'd severat points , and particularly that mentioned in my last , they have lately turn'd their batteries another way : they have been most of this while endeavouring to compass their ends , by putting the king , and those who have most influence over him , upon desperate courses , whereof the most material i have , as occasion has served , noted to your lordship . it will hardly be believed , that they would offer to propose any maxims to the legal party in england , that are really for their advantage ; did not their instructions make it appear to be so , tho they have proposed far different ends therein ? i do not question but your lordship has observed the uneasiness of the nation under the present proceedings of the king and court-party ; but tho they have just cause of suspicion , i must assure your lordship the same has been and may still be aggravated by the agents of this court , who teach them to infuse into the people , that the protestant religion is in great danger ; that the reduction of the roman-catholicks to the bounds establish'd by the law of the land is highly necessary , and without the latter be effected , it will be impossible for the former long to subsist ; that it was visible the privileges of parliament were inf●inged more than in any time of their ancestors : that arbitrary power was already acted , and without timely prevention would get such rooting , that all the power of england could not dethrone it ; that there was not scarce one made a nobleman since the kings accession to the throne in the three kingdoms , but such as were p●p●sts ; and , that all honours and offices of profit , either in court or camp , were shared amongst such , whilst the protestants lay neglected as useless persons , and such as were deem'd to have no share nor lot in the government ; that the person of the king , it 's true , was sacred , but at the same time it was not only justifiable , but an incumbent duty upon them , as englishmen , as they would answer it to god and their country , timously to think of the danger , and to apply the remedy ; for without the removal of such ministers as then managed the state , it would be in vain to expect their grievances could be redressed , and their religion and liberties secured ; and if they find themselves harken'd to , and their propositions approved , they have further instructions to hint an association for one expedient , &c. god almighty knows what will become of poor england amidst so many designs upon her religion and liberty , both by foreign and domestick enemies , who continually prey upon her vitals . i can but pray for her , as i do and always shall for your lordship , who am , my lord , your most devoted servant . paris dec. . . letter xxxv . king james ( tho' already much disposed ) put more out of conceit with the prince of orange , who is represented by the french agents very illy to him . my lord , i have in my last suggested to you some of those arguments the emissaries of this court have and are to use to the church of england-men , as they find occasion and a disposition to receive them , for to put them upon violent courses , to their own and nation 's destruction : but at the same time they have entertained an incurable jealousie of the prince of orange , and construe the most just and generous actions of a prince who was always so , in the worst sense imaginable , and , as such , represent them to the king , whom they cunningly whistle in the ear , saying ; that he could not but know there were some persons in the nation who were not pleased with his way of proceeding , and therefore would be sure to take all opportunities to oppose him : that indeed now monmouth was cut off , they had no plausible head to retire unto : that for the prince of orange , tho' he had apparently omitted nothing since his majesty's advancement to the throne for the maintaining of a fair correspondence with him , and been very forward to pay all the devoirs due from a son to a father-in-law , affecting much zeil for his interest , and acting with his ministers of state as if himself were the prime of them : yet they desire him to consider the thoughtful and designing nature of the prince , who , to be sure , was not wanting to observe every pace made by the english , and to dispose of his own affairs and people accordingly : that his majesty could not but remember the applications made to him formerly , in his brother's reign , from england , when he was but nephew to the king and himself ; but now , that he was advanced by his marriage to a much nigher degree to the crown , could it be thought that he had less thoughts concerning it , or less application made unto him on that behalf , especially in so ticklish a time ? that some persons of note 's going over lately into holland , was no sign he was unconcern'd at the english affairs , or unapplied to , but must needs give umbrage , and more than a suspicion that he had already a strong party within the kingdom ; and that indeed his conduct without was next to a demonstration of it , since he had done all that ever he could to hinder his majesty from all the succours he could expect from abroad , in case of any domestick troubles ; for tho' his majesty was sure of france , and had made a general alliance with spain , and might then be apt to believe that the house of austria would not oppose him , especially when the catholick religion was the dispute ; yet it was manifest the prince had bid fair for the deoriving him of both those supports , first by entering himself , and then by causing the united prov●nces to enter into the league at ausburg against france , to the end he might draw down upon that monarchy the united forces of the confederates , in case the french king should offer to attack the states territories , while he might make use of their power both by sea and land , to carry on his designs against his majesty and his kingdoms : and then , that he had render'd the house of austria very suspicious of his majesty , as being a prince contrary to their designs , one in interests , and closely engag'd with france in a secret treaty , which would appear in due time . i can assure your lordship , that by the returns which have been made hither , the king has been but too susceptible of these calumnies against the prince , and , i fear , to his prejudice , tho' i heartily wish it otherwise , who am , my lord , your lordship 's most humble and obedient servant . paris , jan. . . letter xxxvi . of the spaniards attempting to bring king james over to their interest , but failed . my lord , however the emissaries of this court have traduced the noble prince of orange to the king , yet they have in some sort given the lye to themselves , when notwithstanding all their rhodomantade , about the prince's engaging the house of austria against his majesty , they have been so alarmed at the proposals made to him by the spaniards , of a stricter allyance , which they knew , if entred into , must invalidate that made with them ; the emperor and king of spain being suspicious of the allyance with france , had entred into a confederacy with the princes of germany at ausburg , as i have hinted in my last ; and that they might make their party as strong as they could , and having at the same time no clear demonstration of our king 's private leaguing with france , they resolved to leave nothing unessayed , either to know that it was really so , or , if not , to engage the king in their interest ; the marquess de gastanaga , govenour of flanders , and the spanish embassador don pedro de ronquillo were the persons employed by that illustrious house in that affair ; it 's well known here that the latter has omitted nothing that could be done to bring the king over , urging to him the honour and interest of such an allyance ; that it was the only opportunity he had left to recover the good opinion of his subjects , who , he must needs know himself , were somewhat alienated in their affections from him , with a great deal more to the same purpose ; and he did at last proceed so far , well knowing his blind — as to engage , if his majesty would enter into and be cordial in such an allyance , to order it so that his parliament should acquiesce with whatever he was then attempting to get established in respect of religion , which he could never effect by the assistance and agency of france , their harsh procedure against the reformed there being too green and fresh in memory to be so soon forgotten by the english , who had besides a natural aversion to that nation and their politicks ; but , my lord , all that don ronquillo has done , was communicated to the french emissaries , who presently took the scent , and being not willing to give the king space to demur upon the matter , lost no time in remonstrating to him ; that they who had told him , that he ought to take that opportunity to gain his subjects , by entring into the league of ausburg , had not reflected upon the inconsequence that followed upon such a procedure ; that that league now agitated was but the consequence of another made at magdenburg by the protestants , in favour of the hugonots ; and that it were against all good reason and sense , that a prince who did his utmost to procure a liberty to roman catholicks in england , should concur to re-establish the most rigid of protestants in france ; besides , it would argue no good policy for him to forsake a solid friend , such as the french king was , to joyn himself to such princes , who would no longer be useful to him , than while they had need of him ; since the protestants had already begun to over-reach their piety , so far as to draw them into leagues formed against a catholick prince , in favour of the calvinists , whom he had driven out of his dominions ; wherefore the king made answer to don ronquillo in general terms ; that as he would faithfully preserve the allyance made between him and his master , so the same fidelity obliged him not to violate that friendship which was between him and the most christian king , his kinsman , who was willing to live at peace with his neighbours , and mantain the same as far as he could between them . thus , my lord , this hopeful overture was blasted , the consequence whereof i refer to him who knows all things , and to whose protection i commend your lordship , who am , my lord , your very obliged servant to command . paris , mar. . n. s. letter xxxvii . arguments used to king james by the lord marquess of powis , pope's nuntio , &c. against a war with holland . my lord , that the king , pursuant to his late allyances with this crown , designs a war , in conjunction with the french arms , against holland , is no longer a secret here , whatever it may be in england ; especially since don ronquillo's artifices to gain him over to the austrian interest , as i mentioned to your lordship in my my last , have failed , tho' he were briskly seconded therein by the lord marquess of powis , the pope's nuntio , and emperor's minister , whose reasons or rather remonstrances to the king upon that head , for want of better intelligence , i shall at present take notice of to your lordship , as entred in our minutes , and which indeed were such that 't is a wonder he should withstand them , sed quem deus — . they prest it very home upon him , that such a war against the states of holland could not be attempted with any apparent advantage to his majesty , without a junction with the french power , which yet in all human probability would never enable him to conquer those provinces , since both the crown of spain and the emperor , nay the empire would be obliged to protect them ; to war with whom , especially with spain , whose trade , as he well knew was most beneficial to england of any in the world , would be attended with such manifest disadvantage , as all the power of france , were that king a faithful ally , would never be able to make the nation amends for ; and that supposing he should be able to conquer the said republick , by the assistance of the french arms , yet to conquer it by french force would necessarily but make himself , as well as that nation a tributary and underling of france . . that in all likelihood a war with holland , and against the house of austria , would disgust his subjects , and set them all against him , yea and perhaps move some hot spirits to form designs to dispossess him of his throne ; or at least , so far to make opposition as to knock on the head all his fine projects for the advancement of his own religion in england , and engaging of his very catholick subjects against him . . that if his majesty intended the re-establishment of the catholick faith in england , it was to be considered , that the same was a work of time , and required great moderation , but that they were sure the hot and furious methods of france and the jesuits would never effect it . . that to them , for the effectual bringing about of the said work , there seemed a kind of necessity , that he should stay till the discords between the catholick princes were so far appeased as to be without danger of breaking out in a long time , for that all their concurrence would be found to be little enough to enable him to accomplish his ends therein . . that if he should chuse rather to enter into a strict allyance with the house of austria against the french , he would thereby render himself secure of his people's hearts and affections , of the dutch naval force to strengthen him at sea , as occasion required ; and of all the other allies forces , to divert the french armies by land : and that if he should lose upon that account , as 't was likely , any remittances from france , they assured him the pope would allow him a much better pension to countervail it ; and that being engaged against france , his people would be so intent against the french , and upon that war , so agreeable to their inclination , that they would not be so very jealous of , and so prying into the advances he should make in the change of religion at home ; and that if by that means , than which nothing could be thought on more feasible , he could not settle that religion , he might at least secure it , and make matters easie to those of his own perswasion . . that if his majesty persisted to make war against holland , which would inevitably draw on one with the house of austria , if his arms did not prevail so far as to come to an entire conquest , he was certainly ruined , and all the catholicks in the three kingdoms along with him , without resource , and would perish unpitied , and without any hopes or possibility of succour from any catholick princes but the french king alone ; and that if on the contrary , as it was the most unlikely thing in the world , he should prevail to a conquest over holland , and his own country , that yet thereby he should , under the colour of an imaginary establishment of the catholick religion in the brittish kingdoms , but settle an irreligious tyrant over all christendom , worse to the catholick religion and christianity in general than any heretick in the world , nay than the very turk himself , and who would insolently trample upon the pope's as well as his fellow princes power , and set up a new empire and a new religion of a third sort neither catholick nor protestant , but such as suited with his own ambitious designs ; as the steps he had already made that way did sufficiently declare : and so instead of resettling the roman catholick religion where it had lost ground , and in the soil of great britain , which would prove but a quick-sand to it , he would destroy it all over europe , where it was now established in terra firma , &c. i le leave it to the decision of your lordship's judgment , whether these or the french remonstrances carried most of reason , probability and truth in them , as i ever shall all that comes from , my lord , your honours most humble and obedient servant . paris , apr. . . letter xxxviii . of the differences continued between the pope and the french king , and of king james sending am embassador to rome , to reconcile them . my lord , i have already transmitted to your lordship the contents of his holiness's letters to the french king , about the regale and franchises ; but there seems now to be a disposition in these two high stomach'd princes to come to an accommodation , and the conjuncture of time lies so to the heart of this court , that i am apt to believe they will precipitate an agreement ; however , because their forwardness therein might be disguised as much as french policy could effect , they have by their agents insinuated to our king ; that an embassy to rome from him about accommodating of the foresaid differences must be very grateful to his holiness , who paid more deference to his majesty , and would further regard his mediation than any prince in christendom ; and that tho' the french court stood very stiff upon their rights , yet it was not to be doubted , but as they had so high a valuation for his friendship at all times and occasions , so he might be confident that in so critical a juncture of time , they would not be so purblind as not to see wherein their true interest consisted ; it was no sooner , my lord , proposed to the king , but accepted by him , and my lord howard is already arrived in this kingdom , in his way to italy , as the king's embassador extraordinary on this errand ; but notwithstanding this court has so far prevailed by their artifices in england to procure the kings mediation , yet an accident , if it may be called so , has lately happened at rome , which may perhaps blast all the blooming hopes entertained from this mighty negotiation . for monsieur lavardin , embassador from this king at rome , receiving information that some of the pope's marshals were got within his quarters , he ordered his men to seize them , and commit them to safe custody ; the cardinal de estree has endeavoured to alleviate the matter , and mollifie his holiness resentments , saying ; that certain persons , who were no great friends to france , had set them at work , with a design to irritate matters yet further between the two courts ; that he might be pleased to consider , that in the posture affairs then stood , that is , after his holiness had accepted the mediation of the king of england , it would look ill to admit any innovation ; but the cardinal was asked , whether the king of france was sovereign in the city of rome ? and supposing he had been really so , was there any justice to arrest people as they passed along the streets , that had a design to make no manner of attempts upon any ? that it was never yet known in any country , or heard of in the world of any law that condemned a man upon a bare suspicion ; but supposing that were true , as it was not , yet it was most certain that the punishment was reserved to the sovereign and not to an embassador ; who whatever latitude he would have allowed to his authority , could not pretend to any more than to be independent in his own person ; that as for his domesticks , if they pretended to the same exemption with himself , it was no farther allowable than they demeaned themselves regularly , as they ought to do ; for if they did otherwise , they were subject to the ordinary iurisdiction of the place they were in ; that there were a thousand examples for it , though there had been some embassadors who had endeavoured to extend the privilege of their domesticks so far , as to maintain that they ought to be affranchised . that this pretended right of sovereignty by embassadors was so far from beng true , that they had not as much as power to punish their own servants , for there could not be any one example produced that any embassador has intruded so far as to condemn any person whatsoever to death , tho' there have been many who have justly merited such punishment ; that it was true , they had sometimes reclaimed them when fallen into the hands of ordinary iustice , but that at the same time it had always depended upon that of the sovereign to concede that favour to them , or refuse them according as they were more or less just . these things being granted , which could not be otherwise , for they carried their own light with them , how could it be justified that a bare embassador should dare to arrest not only his own servants , but the officers of a sovereign prince , and that even in his capital city , and to heighten the extravagance of such an action , even in the very sight of him . thus , my lord , has the old gentleman resented the injury , and i am afraid our king will have but little joy of his embassy , and in this particular come short of his grandfather's motto of beati pacifici ; however , his zeal here for the good of the roman catholick church is highly applauded , but whether it be a zeal without knowledge , i le leave to your lordship to determine , and think my self happy in any opportunity to serve you , who am , my lord , your very humble servant paris , july . . s. n. letter xxxix . of the seven bishops being committed to the tower of london ; and the french intrigues to embroyl that matter . my lord , the commitment of the bishops to the tower , and the birth of the priuce of wales , are things so agreeable to the gusto of this court , that they are overjoy'd at it , about the former of which this court has been very busie : i will not positively say the presbyterians had the first hand in it , tho' they have taken care to enter it into our minutes so ; and that they being willing to make some advantage of the contests of the court , got it suggested to the king by the means of the romanists , that in order to engage the parliament to establish liberty of conscience , it was necessary the bishops should be order'd to injoyn the reading the king's declaration in their respective diocesses : that the matter could not be scrupled by them , since the publication of the king's orders had been at all times an usage in england , as well as in other countries . but however this matter was first started , my lord , i will not take upon me to determine , but it was carried on by strange instruments ; for as soon as ever the bishops had refused to read the declaration , and addrest themselves to the king upon that account , with their reasons for noncomplyance ; the jesuits about him , egged briskly on by such as are entirely at this court's devotion , represented to him the great affront offered to his authority and the regal dignity itself by such a refusal ; and how if he suffered the same to go impunedly , it might open a gap for it to be trampled upon without reserve , and who could tell where it would terminate ? that since he had already in all other points carried the rights of soveraignty to a great height , surely it was not now time to dissemble and wink at an adventure that put such narrow bounds to his regal authority : that there was therefore an absolute necessity to call them to a severe account for such an audacious act ; that they might be tryed by vertue of the ecclesiastical commission , and with as much justice everywhit suspended as the bp of london was ; and what would be a mighty advantageous consequent thereon , was , that the privation of the episcopal authority would advance the regal authority to such a pitch , as to be held in veneration by all the people . you know , my lord , the success these remonstrances have had , but the variation of the bishops tryal is disavowed by this court , and the cause of their being brought into westminster-hall attributed to the chancellor's swaying the king , and for which some have gnashed their teeth at him . upon the acquitment of the bishops , the english jesuits were horribly spighted ; and the french emissaries laughed in their sleeves ; and that they might embroyl the nation more , had orders to ins●uate into any whom they thought fit for their purpose , that the regal authority had that property in it , that it oftentimes subsisted more in imagination than effect : that if the people did but once know their own strength , they would find it an easie matter to shake off the yoke , which certain puissances imposed upon them , and with a great deal more , but in general terms to the same purpose , with which i shall not at present trouble your lordship ; but they have at the same time spirited up the jesuitical court-faction to importune the king , without any intermission to review the bishop's cause , and bring them on to another tryal ; alledging to him , that such a failure would undoubtedly add a triumph to the people , whereof they had already given but too clear signs , and considerably augment the audaciousness of his enemies , who were more in number than he could imagine ; and that in short the only way to put both the one and the other to a profound silence , was by not flinching from that resoluteness and constancy which he had made to appear since the beginning of his reign , for if he once began to flag therein , it would be quickly seen , he would proportionably sink in reputation ; that therefore great care should be taken to retrieve this again , since , without that were done , he must necessarily fall into a greater contempt with his people than he was aware of , and from whence many inconveniences would arise , which some of them could be as little foreseen as it would be hard to prevent them ; that therefore , as the case stood , it were much more adviseable for him to run the risque of another tryal , wherein if he succeeded , his sovereign authority would be not only maintained and kept entire , but the greatest opportunity put into his hands to extend the bounds of it as far as he pleased ; but if it should happen otherwise , and that the bishops should be acquitted a second time ( which as they designed to concert matters ) was not very likely ; the case would then be but the same , and no other than now , and as much to be feared from the one as from the other ; but , it seems , the king was so dispirited with the ill success of the first trial that they found him entirely averse to venture on another ; and therefore being not able to divert him from his resolution of giving over that game as lost , they made it their business to give out ; that the king was not minded the bishops should have been cast , that he had therefore given way that such a jury should be returned , and their cause to be solicited by all their friends , as was a clear demonstration that he had used all these methods to deliver them from the difficulties wherein they had plunged themselves , with this design and hopes ; that the sense of his goodness might reclaim them back to their duty , and that for the future they might set a pattern to others not to swerve therefrom ; but i do not find by the returns made hither of these expedients that they have met with any tolerable success ; your lordship may know much better than i , how this affair is relished in the whole , and what is likely to be the consequence , and so i le leave it to your determination , and remain , my lord , your lordships most humble servant . paris , aug. . . n. s. letter xl. of the prince of wales's birth , with the sense of the french court upon it . my lord , i have upon another occasion hinted to your lordship what appearance of joy there was at this court for the birth of the prince of wales ; but they are now not a little mortified at the pasquils put forth in england and holland to render his birth suspected and the whole to be only a piece of court legerdemain to carry on the catholick cause ; as for the later , the designs carry'd on against the king and his adherents as they are now no secret to the world , so 't is no wonder such pamphlets are connived at ; then for england , it s an argument the reigns of government are of late much slackened , and that the regal authority is much in the wain , when the king and the courts honour , is touched in so sensible a part , and yet that no redress can be made thereof , nor efficacious remedy applied thereto ; but i must tell you , my lord , that tho' this court has not so much reason to be concerned as that in england in this point , yet such things dare not be much more than whispered here , because that upon the first broching of his being a supposititious prince , there has been a very strict charge given that none durst presume to speak of him otherwise than of a real prince , neither dare the courtiers even in private so much as emancipate themselves to speak otherwise , lest they should thereby , besides transgressing the present orders , give also a jealousie to old lewis himself , that they designed obliquely to revive the old disputes formerly raised about his own legitimacy ; but this i have heard them privately say ; that could they have gotten away one of our princesses ( as i have formerly mentioned to your lordship ) to be married here , and had had thereby another french heir to put in , they believed the prince of wales would not be long-lived ; but these things , my lord , are ticklish things to meddle with at such a juncture of time. i pray god to keep your lordship from all harm , and to increase the honours of your family , and that i shall ever do , whirst my lord , i am , &c. paris , sept. . . s. n. letter xli . of the prince of conde's feasting of monsieur the dauphine . my lord , that the dauphine commands the king's armies upon the rhine , i do not question but your lordship has heard ere now , about which affair this court seem at this juncture to be wholly taken up , ●o as that i have nothing of moment worth sending to your honor : but before monsegnior's departure , the prince of conde has been pleased to regale him and all his retinue , and that in a most sumptuous and magnificent manner at chantilli ; where several ladies had also a share in that divertisement ; the prince , upon this occasion , distinguished himself in a very extraordinary manner ; he presented himself before the dauphine a great way in the forest , where there were illuminations , and received him in the habit of the old heathen god pan , accompanied with a curious train , all in disguise like himself ; some like shepherds and shepherdesses , others representing satyrs , leaping and dancing at the sound of hautboys , bag-pipes and such like musical instruments ; the dauphine being in this manner conducted to the house , which cannot be said to be superb and stately , unless it be for the gardens and water-works about it , he was himself feasted with a magnificent supper and several other tables were set for his court ; where he continued for five days , and was regaled in the same plenty as at first , and from thence returned highly satisfied to versailles ; i must confess , my lord , i could not forbear giving you this short account of the entertainment , tho'it be ridiculous enough , especially in the antick preludium to it ; but i know your lordship has goodness enough not only to pardon me , but to take in good part whatever comes from , my lord , your lordship 's most obedient servant . paris , sept. . . n. s. letter xlii . of king james ordering mass to be said on board his fleet , and of his going on board himself to engage the officers to turn roman catholicks . my lord , whatsoever this court is a doing , in reference to the english affairs at this time , there is little or no appearance of it ; but they seem to be much concerned at the disappointment our king has met with , in not prevailing with the officers of his navy royal to become catholicks ; for me to make a relation of that transaction to your lordship , i fear may be but crambe bis cocta , but your honour being now remote from the court at your country habitation , and that i believe we have here a truer account of that affair transmitted to us by the agents of this court , perhaps your lordship will not think your time ill spent in perusing of it . its seems the commissioners which the king has sent to the several counties of the kingdom to dispose men's minds to a willingness to take off the penal laws and test , having generally found a grand aversion in the people to that matter , the king was so incensed at the report they made of it , and the invincible stubbornness of the nation , that he convened his cabinet council , and with them resolved to cashier all such out of his service as would not fall in with his designs ; but that all things might be opportunely executed , it was agreed he should make himself sure first of his fleet and his army , without whose assistance they saw it was in vain to effect so sudden a change at once ; wherefore he gave orders that mass should be said on board his ships ; but there was such opposition made thereunto both by the officers and seamen , that the priests , who went thither for that end , were forced to hide themselves for fear of being thrown over board , which they had been like to have undergone , had it not been that the principal officers , who maintained still the respect that was due to the king's commands , had done their utmost to hinder it . but when the matter came to be represented to the king , his fury was raised to an high degree , tho' he had for the time the artifice to dissemble his resentment ; wherefore he resolved to try whether his royal presence might not operate more than his orders , and therefore he went on board the fleet himself , and having commanded all the officers to bring him their commissions , he there asked them , whether they were not resolved to change their religion and imbrace his , who had bestowed their offices upon them , in expectation that they would do whatever he commanded them ? they were surprized at the complement , and expected no such thing , nevertheless , being resolved not to be frightened either with menaces nor be gained by flatteries , they generally answered ; that how devoted soever they were to his majesty's service and their own fortune , yet they could not be enduced to any thing against their consciences . to which the king replyed , that what he required of them could by no means be prejudicial to them , whatever their ministers might tell them to the contrary ; that there was more of opinion than reason in the religion which they professed ; that they should take the pains to reflect duely thereon , for which yet he would grant them but the space of hours . but tho' most of them did believe from words so positive by the king , they should certainly be casheered , yet they resolved to split upon that rock rather than alter , whatever came of it . the king , in the mean time , who had trusty spies in all the ships , having learnt their resolutions , for all his eagerness in the matter , did not think it advisable to push on things over far at that time ; wherefore he ordered they should be told , when he sent them back their commissions , that the hours which he had alloted , being not sufficient for the determining of an affair of so great importance , he was pleased to allow them some further time to think of it , but that they would please him to conform themselves to his will on that occasion ; but in the mean time tho' the politicks of this court have been much used in england , yet herein they have been laid aside , and there is an essential difference between the one and the other , for in the choice which our king makes of officers , he had rather they should have service than profit ; whereas in france they will have both the one and the other if they can , and for want of which , profit is always preferred before service . i 'll not censure such an attempt , but i am ashamed we should be laughed at both here and in other countries for our politicks , and your lordship knows as well as any man living , that when wise and experienced statesmen have sate at the helm , they never would suffer the regal authority to be put upon such an hazard , well knowing the least resistance made thereunto is a triumph to the people , but speramus meliora , i am , my lord , your lordships to command . paris , sept. . . n. s. letter xliii . of the count d'avaux acquainting the french king with the prince of orange's preparations against england . my lord , the embassador of this court monsieur the count d'avaux at the hague , hath transmitted a positive account hither of the great preparations made in holland for some grand expedition , especially by sea ; intimating that the prince of orange seems to have other designs in his view than those of a vigilant statholder , for the maintaining the dutch fleets and armies in a good posture , now other neighbour nations are in arms. you know , my lord , mr. skelton is now envoy in this country from england , as he was some time ago in holland ; who while he was there , whether really or maliciously i will not determine , was pleased to transmit an account to the king of the prince's holding correspondence and carrying on some intrigues with his subjects to his prejudice ; he had some relations in the princesses family , by whose means he had an opportunity to inspect into some letters , from which he took upon him to pick out as much as gave him to understand , that there were some matters agitated underhand that tended to the king's detriment , but as far as i could learn , the king gave little h●●d to his informations ; but what the count d'avaux has given his master an account of hath been esteemed worthy of consideration , and added here some reputation to mr. skelton's agency , whatever it may do in england ; and i am assured , my lord , from such authority as i dare rely upon , that the french king has prest his brother of england , to give that heed to it which it deserves , and to take seasonable precautions to defend his dominions from a powerful invasion wherewith they are threatened . my lord , i desire to know with the next conveniency whether i may be free to continue my correspondence with your lordship , especially if i find matters of this nature transacted ; for i would not for any thing in the world bring your lordship into the least praemunire , but in all things study to serve you with exactest diligence and humblest observance , which i shall always strive to do , who am , my lord , your lordship 's most humble servant . paris , octob. . . n. s. letter xliv . of the means whereby mr. skelton came to know of the designs in holland against king james , and of his acquainting the king his master therewith . my lord , my last imported some intimations to your lordship of mr. skelton when the king's envoy at the hague , his discovering some secret correspondence negotiated between england and holland , as he judged , to his master's disadvantage ; i have also noted how the king had been advertised of it from this court , where mr skelton is now in the same quality , as at the hague , and who , i can further assure your lordship , has made a further progress to unriddle the intrigue since his arrival , by the means of one whose name is budeus de verace , a protestant of geneva ; who having been some time since captain of the guards to the prince of orange , and having had the misfortune to kill a man in a duel , was casheered by him ; mr. skelton being then at the hague , and acquainted with the said verace , found a way to reconcile him to his master by the recommendation of my lord clarendon , who having brought up his son , my lord cornbury , at geneva , was under great obligations to verace for the good offices he had done him , and care taken of him ; this genevese being thus re-established in the favour of the prince , his master , had it seems a greater share of it than before , as he had also in the secrets of monsieur b — his favorite ; however it was , it should seem by the sequel , that he was now by his second introduction to favour , become quite of mr. skelton's interest , who was the instrument to reconcile him ; for not long since he has taken occasion to be dissatisfied with the service he engaged in , and withdrawn , and being , as was given out , but whether so in reality or no , upon his return to his native city of geneva , he took occasion to write a letter to mr. skelton , now in this city , that the noise about the armamont in holland was so far from being a false thing , or otherwise to be conceived , that it was a matter of the highest importance , and did no less than concern the safety of the crown of his master , the king of england , and that it was highly necessary he should be made acquainted with a son-in-law , whom he knew not . this he desired mr. skelton to communicate to the king with all speed ; but he was not willing to make any further discovery of his secret to any other save to the king himself in person ; if the king were so pleased as to send him orders by mr. skelton to come and attend upon him . upon the receipt of which letter from the said genevese , mr. skelton hath writ five or six letters to the king in a very pressing , lively and urgent manner , but what effect they have had upon him , may be the subject of another letter , and perhaps of my next , if my intelligence fail me not , in the mean time i am and shall be , my lord , your lordship 's most humble and devoted servant . paris , aug. . . n. s. letter xlv . of the slights used to make king james negligent to provide against the inuasion from holland . my lord , i do not find mr. skelton's instances have had any great effects upon the king towards quickening his pace to ward off the blow that seems to be preparing to be given him ; and i have something more than a suspicion , that it is the desire of this court , the kingdom should be invaded , and that the agents of it have been extraordinary busy to countermine whatever advices have been given the king for taking a timely precaution to defend himself , so that there is , my lord , in this case a wheel within a wheel , and whatever open professions of kindness is shewed him from hence by a timous premonition of his danger , there is as great care seriously to thwart all by contrary counsels ; and among other things , it has been eagerly urged to him , that the prince of orange continues to carry himself towards him with such a conduct , as could not leave the least room to entertain any suspicion of him , and could it be thought that a prince who had shewed his devoirs to him , so far as to make his complements as other princes had done upon the birth of his son , the prince of wales , and caused the name of his new brother-in-law to be added to those of the princes of the family , for whom they prayed in his chappel , should be unsincere , or have the least design to molest him or his kingdoms by arms , especially since van citters , the states embassador , had particularly assured him , that what preparations were made in holland did not regard england , but had given him to understand , that france had a great deal more reason to be alarmed than he : but after all , whatever were intended by such preparations , which they were well assure were much greater in fame than in reality ; his majesty's affairs were in so good a posture that he had no reason to fear any enterprizes whatsoever ; that he had a land army , a fleet and such good magazines as were sufficient to render the efforts of almost all the complicated powers of europe ineffectual , tho' such a conjunction was as little to be expected as that his most christian majesty would abandon him ; who , if he saw occasion , as there was now but little likelihood , would no fail to support him with all the power of france both by sea , land &c. i will not be further troublesome to your lordship , but remain , my lord , your humble servant . paris , aug. ● . . letter xlvi . my lord s — charged by some of the french faction with infidelity to his master king james . my lord , if your lordship should ask me , what the real designs of this court are in reference to england , in such a conjuncture ; they seem to have other sentiments now of the invasion than they had a few days ago , when they were secretly promoting the same might and main , as i have intimated not long since to your lordship , with a view to engage us in a civil war , and thereby bring the king under a necessity of calling in such a french power to his assistance as he should never be able to force out again ; but now they seem to be quite against it , upon the opposition made by a great minister of state to their offer both of men and ships upon this occasion , of whom they talk strange things here , and say , that in regard to the king , however he has insinuated and winded himself into his favour more than any they could recommend or propose , he must be an enemy reconciled only in a way of policy and necessity , that he had in former parliaments pushed on the bill for his exclusion with greater eagerness and warmth than any other ; that he had never attempted to recover his favour , but when he had a prospect to injure him thereby ; that he is a man intent to follow the prevailing side , but that he had always , in case of any change , a safe retreat to the other side , that whilst he adhered to the factions in parliament , against the royal family and interest , he had strict correspondence with one of king charles's l — , who found a way to reconcile him to his majesty , and by his mediation to the duke of york ; that being now come to be prime minister of state to the king , and almost the only one he had since his elevation to his brother's throne , he had served him with zeal , while there was a prospect of prosperity to attend him , but that he hath now no sooner perceived that there is a party formed against him , but that he hath shewed himself ready to enter into a correspondence with his enemies , against him ; that the countess of s — writing to the princess of orange , that their unkle h. s. a man deeply engaged in that interest , was gone into holland to attend the prince , was no small proof of her husband 's being engaged in the same interests ; that there could be no other construction made of the violence done to the king his master , by his engaging of him , notwithstanding all his aversion to it , to advance father petre against his own inclination , maugre the opposition made by the queen to it , and in spite of the most essential laws of the order he was of , to be one of his privy council ; that the king thereby , in satisfying of him , did on that occasion lose that right which one should think he had to dispose of his own subjects ; that nothing else could be inferred from this lord's procedure and carriage in the imbroiled affair of the bishops , which he brought on into the council , and which he yet favoured under-hand ; that it cannot otherwise chuse but that the contempt which this minister has affected of all the informations given the king his master of the designs of the prince of orange his son-in-law and of the dutch against him , whereby he has in a great measure diverted him from using the means necessary to resist any attempts made upon him , or impressions on his dominions , must proceed from an ill principle and dissatisfaction to his interests . i hope your lordship will not take this freedom ill at my hands , which is nothing else but the sense of this court upon the present occasion , and with which i shall now conclude , who am , my lord , your lordship 's most humble servant . paris , oct. . . letter xlvii . my lord s — excused by others of the french faction , as to his conduct in respect to the prince of orange's design againg king james and his adherents . my lord , the censure of this court upon the late conduct of a noble peer and prime minister in england , as mentioned in my last to your lordship , is not so universal , but that there are diverse others who have entertained a quite contrary opinion of him , and say , that it is far enough from being an infallible rule , that a reconciled enemy can never become a sincere friend ; that it is possible a man may reserve unto himself a place of refuge and retreat among a contrary party , and yet be far enough from falling in with its interests ; that the suspicions of him are without any manifest ground , since there is not the least appearance that he hath personally linked himself with his master's enemies , or held any correspondence with them that tends to the betraying of him ; that what his lady had done with the princess of orange , tho' it might be lyable to suspicions in such a conjuncture , is no sufficient proof or reason that the same crime should be attributed to the earl her husband ; that col. s — tho' his near relation , might yet deceive him , and make him believe that his passage into holland , was to no other end than for the benefit of his health , and a journey to drink the waters of the spaw ; that to say he turned roman catholick that he might the better serve the protestant interest , was so ridiculous in it self as to need no consutation ; that as for the business of father petre , the earl did nothing but what every wise statesman would have done , viz. to seek out one on whom might be discharged the envy of such things as should displease the people in the court-conduct , and so escape it himself ; that as for any enterprise by the prince of orange and the hollanders against so potent a king as his master , who was incompassed with so great an army , it might appear to be so extraordinary and strange a thing to him , that he might believe it his duty to neglect such advices as things unlikely , and not far from ridiculous ; and that now at length he finds himself obliged to believe them to be real , those same forces which the king his master has on foot , might make him opinionative to reject the succours offered him from hence , which he looks upon to be as well dangerous as unnecessary , but which if the censures is most agreeable to truth , i le leave to your lordship's determination , and remain , my lord , your very obliged servant . paris , oct. . letter xlviii . arguments used by the french agents to gain king james's consent to receive french succours into england , and answer'd by my lord s — . my lord , your lordship cannot but know of the business of cardinal furstenburg about the electorate of cologn , and how he is supported by this king , whose arms are advanc'd that way : it may be you have seen monsieur bonrepos also at london , whose instructions were to offer to the king , in his master's name ; that however his forces are already advanced towards the upper rhine , and ready to enter upon action , yet finding the danger his majesty was like to be in from holland , he was willing to prefer his interests who was his friend , before his own ; and that if he found the king demur upon the matter , he was to tell him , that his majesty ought to consider the thing , not as it was in itself , but in the present circumstances of it ; that it might be justly feared his work was not to oppose only the armies of others , but that he should be well assured that those very armies with which he design'd to resist his enemies , did not hold intelligence with them , and concurr against him in the same designs ; that the chief officers that commanded his army were faithful to him to such a degree , as to be proof against being corrupted , which could not be said of the other parts of the state , who were wall known to be corrupted , which his army , if they did not already , must shortly know ; from whence he was to infer , that if the same corruption should unfortunately happen to creep into the army , as well as elsewhere , the king , in refusing foreign succours ( which in conjunction with those who should prove faithful subjects to him , would make at least a party ) would leave himself expos'd without any defence to all the forces of his enemies . my lord , you cannot imagine how highly dissatisfied this court is at the rejection of their aid , and that my lord s — 's remonstrating to the king , that the introducing a foreign army into his dominions that were romd●-catholicks , and especially frenchmen , would wound his re●●tation very deep , and quite alienate the nations affections from him , and be a confession of all the rumors which had been seatter'd abroad of a private league made between him and france , for oppressing both the liberty and religion of his country , and besides , the king had forces enough of his own , and to spare , for the resisting of all the efforts of holland ; that his fleet alone was able to stop them , and that let it be as it would , his land army could not fail of being conquerors over them , being both much more numerous , and withal better disciplin'd ; had entirely fixed him in the said resolution . i do not question but this court will do the earl all the disservice they can , for spoiling so brave an opportunity of their getting ●ooting with their troops in england ; however he has served his country , and deserves well of it , whatever his fate may be . i am , my lord , yours in all humble observance paris , nov. . . n. s. letter xlix . of mr. skelton's negotiations in france , with the reasons of his being recoeli'd and committed prisoner to the tower of london . my lord , i cannot conceive but they are as much in the dark with you about mr. skelton's imprisonment in the tower upon his arrival in england , as they are concern'd for it here . i have already given your lordship an account of some of his negotiations both in holland and at this court , and with your honour's leave shall endeavour a little further to unriddle this mystery of his imprisonment : when all the arguments of this court used by monsieur bonrepos to induce the king to admit of some french troops into his country , under pretence of assisting him against the prince of orange , were obviated by my lord s — 's remonstrances and assiduities , you cannot conceive the concernedness that appeared here at the grand disappointment ; mr. skelton was almost oppress'd with enquirers into the reason of such a procedure , ( not knowing well then from what quiver the arrow was taken that shot down the goliah of all their hopes of once nestling in england ) who examin'd , interrogated him , and almost laid it to his charge , that their advice was not follow'd : but having at length found it to be otherwise , they resolved to put him upon another expedient , mention'd first by himself , to serve his master , as they said , tho' nothing is more certain than that it is their own interest they design'd mainly thereby : for one day , after monsieur de croissy had prest him hard still to sollicite his master to accept of the troops and ships offered him by france , and that mr. skelton answer'd , that it was in vain , he having orders to meddle no further in that matter , and therefore durst not move in it . he also added , that yet he was of opinion , that if his most christian majesty would order his ambassador to acquaint the states-general what share he took in the affairs of the king his master , and to threaten to attack them , in case they undertook any thing against him , he did believe that would quickly put a stop to the intended invasion , and spoil the measures the prince of orange had concerted thereupon , without giving the english occasion to complain their king had called in foreigners into their country : that this would be an effectual means to keep part of the king's enemies on this side the sea , and they might have leisure enough to break off the cabals which the other formed at home against him . this discourse made monsieur de croissy hasten to acquaint the king with it , who liked it so well , that he immediately dispatched away a courier to monsieur the count d'avaux his ambassador at the hague , with orders to declare to the united provinces , that they could not attack the king of england , who was so intimate a confederate with him , but that he must be obliged to succour him with all the assistance he could . the states having paused a little for an answer to this memorial , and presently upon it being encounter'd with another from the marquess de albeville , the english , ambassador there ; they answered the latter , they were long since convinced of the league between the two kings ; that they had armed in imitation of other princes , &c. which being interpreted here , that the states were resolved to go on with the invasion ; it raised the expectations of this court , that the tender of their troops would be still , accepted of by the king : but the vigilance and sagacity of my lord s — disjointed also this project , and ended in the recalling and imprisonment of mr. skelton , for moving in an affair for which he had no orders . and this also , my lord , has stopped verace the genevese , whom i have formerly mentioned to your lordship , who is come to paris , from proceeding on his journey for london , as supposing it to no purpose to give such informations as would not be regarded ; and he is now , i hear , about returning back to his own country . i hope things are well with your lordship in these times of difficulty ; had it been otherwise i do suppose i should have heard it , that i might have stopped my intelligence ; and that all may continue to be well with you , is the unfeigned desire of , my lord , your lordships most obedient servant . paris , nov. . . n. s. letter l. of the prince of orange's landing in england , and success , with king james's speech to his chief officers . my lord , tho' the french arms this year have had mighty success on the rhine , yet the landing of the prince of orange in england , without any opposition , and the success he has met with since his arrival , together with the desection of some horse to him under my lord cornbury , ( tho' they say here but a very small number ) has damped all their rejoycings ; and indeed , if we may judge of their hearts by their looks , we may see plainly that they have given over not only their own game on that side of the water for lost , but that they look upon that of the kings so too , almost beyond all hopes of recovery ; but yet that they may make some semblance of zeal still for his service , their creatures have advised him to call together his chief officers , and to tell them ; that he had given orders for the calling together of a free parliament , as soon as a more setled time would give him room to hope for such : that he had resolved to provide for the security of the religion , liberties , and privileges of his subjects , as far as they themselves could desire or wish for ; could there any more he expected from him , he was ready to grant it ? but desired , if after all this there was any one dissatisfied , that they might declare it : that he was ready to give unto such as thought not fit to tarry with him , pasports to go to the prince of orange , and that he would freely pardon them their shameful treason . this speech , and the effects it has had , your lordship may know much better than i ; but it is now talked here , that it has met with so little success , that most of those persons whom the king had convened as aforesaid , have formed a close conspiracy against him , and to cut their way short , resolved to seize his person ; and that my lord c — being pitched upon to execute the design , he dexterously engaged the king to go to view the vanguard of his army , which was that part of it which was posted nearest the enemy ; that the king was ready to take coach and ride thither , when his nose falling to bleed on a sudden , obliged him to stay for that time , and put off the review till another opportunity ; but before that day was over , he had good information given him , that there was a design formed to seize him , and that measures were concerted to have him carried away to exeter ; and that my lord c — upon that , with some others , withdrew to the prince of orange , as did the king to london . i would not have troubled your lordship at this time , but that i know you expect i should give you the sentiments of this side upon our affairs , and what part they take therein : which with my humblest duty to your honour , is all i have at present to impart to you , who am , my lord , yours to serve and obey . paris , dec. . . n. s. letter li. of the queen and prince of wales's going over into france . my lord , the king's affairs are looked upon here to be lost beyond all human relief , and the prince of orange is now as much dreaded , as they heretofore made a semblance of despising and neglecting of him ; tho , in reality , there were ever since i have known this place , secret fears of his great constancy , policy and courage hanging upon this court , and all the hopes they have now left , and the only twig to hang by , is his petite highness , who after great difficulties is with his mother arrived here , and of which some of their attendance give a lamentable relation ; that upon my lord dartmouth's refusal to let the young gentleman cross the seas , he was carried back to london , whither the king was also come from salisbury , who with the count de l●uzune , who presented himself at court the ●●st of the last month , concerted measures for the escape of the queen and her son : signior riva an italian , and one of the queens servants , and monsieur de labadie , another of the king 's , persons of approved fidelity , were intrusted to provide all things necessary for their embarking , and for their journey from white-hall to the place where the ship lay : they say , it was not without very great danger of being stopped and discovered , that the queen and the child got out of the court , at a time when every thing was suspected , and when the infants crying might have been a means to have broken all the best measures in the world. they were put into a strange disguise , and so made their escape by the way of unfrequented stairs and places , crost the river of thames , and took the road which leads from london to gravesend , where monsieur de labadie had stopped a vessel for to transport them into france ; and all the while the child did not as much as once cry : they were in danger several times of being seized by sentinels , and a concourse of people , who suspected all whom they did not know , to be fugitive papists , and looked upon their escape as a prey that ran away from them . while they were on the thames , they were encounter'd with wind , rain , the fluctuating of the waves , in the horror of a night so dark , that they could not see one another : the queen on the other side of the river waited for a coach , near the walls of a church , which was harnessed in a neighbouring inn , being all the while exposed to the rain , which continued with great violence ; but the curiosity of a man who came out of the inn with a candle in his hand , put her into a great fear , lest she should be known , for the person advanced directly towards the place where she stood , when seignior riva , who perceived him , immediately followed and encountered him briskly , so as that both of them fell into the dirt , by which di●●●sion the queen escaped undiscovered , and the man thinking that what befel him was the effect of chance , they both began to excuse the matter , which proceeded no further . when the coach was got ready they rid away with all speed , and came to the ship , where labady's wife ( who had some acquaintance with the captain ) appearing first , did so amuse him with a story , that the queen was an italian lady , returning with her family into her own country , till the queen was got safe on board , and lodged in the cabin appointed for her , together with the nurse that carried the infant ; the marquess and marchioness of powis , the counts of dalmon and montecuculli with other persons of her retinue , did imbark at the same time with the irish captains , sent on purpose by the king to have an eye over the commander of the vessel , in case they found him any way refractory and deficient in his duty ; but of this , they say , there happened to be no occasion , for the ship being under sail , they had an easie passage , and landed at calais on the th of this instant : she designed to have staid there for the king her husband , who , according as they had concerted matters between them before their parting , was to follow her the next day , but not finding the king come , she went for bologn , where two friers , and an an officer that have made their escape out of england , informed her of the misfortune which befel her husband at feversham , and which your lordship can tell much better than i. from bologn she journey'd to montrevil and from thence to s. germains ; where she and her son have had honourable reception of the king , and where king james is hourly expected . this , my lord , is the relation they give here of their flight , and dangerous escape , which they count little less than a miracle , and a preserving both of the queen and her son to a much better fortune . but tho' this court put a very good meen upon the matter , and talk high , yet it is at the same time very discernable that they are not a little mortified at the strangeness of the prince of orange's success , and the suddenness of the revolution . which , with my humble respects , is all i have to communicate at this time , who am , my lord , your lordships most devoted servant . paris , jan. . . n. s. post-script . my lord , just as i am a closing of this letter , i am informed the king is also arrived at s. germains , and has met with no less honours from king lewis than if he were possessed of his dominions and subjects affections , in as ample a degree as ever he has or could be . my lord , i am , &c. letter lii . of the prince of orange's arrival at london my lord , this place is very barren of news , tho' there is something , i am satisfied , a brewing , which will appear in time , and all that is novel and extraordinary seems to have been tranplanted to the brittish i sles from whence we hear , that the prince of orange , who , they say , is always intent , and ever was to improve favourable conjunctures , hath taken advantage of these movements to make his entry into london , where 't is confest , but with much regret , he hath been received with great demonstrations of joy and publick applause ( but they say it is nothing but what is usually done to new-comers ) having been felicitated upon the success of his enterprise , and thanked for the zeal which he had testified for the good of the english nation . 't is also reported , that the nobility have met together , and pray'd him to take the administration of the government upon him , till the estates of the kingdom can be called together , which is dreaded here by both courts : i can assure your lordship , there have been instructions issued out from hence already to their agents at london ( where they have a great number , tho' under various disguises ) for to countermine what ever projects may be on foot for the establishing a settlement in england , and of which i shall endeavour to transmit to your lorship the particulars . i am , my lord , your very humble servant paris , jan. . . s. n. letter liii . instructions given to the french emissaries , to infuse into some english peers upon the subject-matter of king james's deserting of the crown , in favour of his interest . my lord , it s not doubted here but that there will be strong efforts made for the advancing of the prince of orange to the english throne , and by the returns made of members to serve upon the present occasion in the lower house , it is concluded that their procedures will be much in favour of his interest , and consequently to the disadvantage of this court , and therefore they have taken care to give them a bone to pick , tho' i know not well what it is for the present ; but of the house of lords they have entertained a more favourable opinion ; but foreseeing that whatever is agitated among the commons is also likely to creep into a debate among the lords , and that the king's resigion , his evil administration , his retreat out of the kingdom , and the compact between him and his people may be called in question ; they have by way of precaution given instructions to their emissaries slily to infuse into any such peers as they judge susceptible of such insinuations ( but i cannot think your lordship of that number ) that it was true , the king's religion had been a very main cause to bring those misfortunes upon himself and the nation which they laboured under , but hereby it could not be thought that should be as much as once debated for a sufficient ground to exclude him from his throne ; that this would appear strange in the sight of all nations , that a popish prince was incapable to sway a scepter , when even in england it self there had been no less than forty roman catholick kings , who had governed england , from king egbert to queen elizabeth ; that it was but the other day that all the kingdom had by addresses on purpose disavowed that maxime ; that the two universities had condemned the same for an error , and that the parliament in one thousand six hundred and eighty five , did believe it to be a thing so pernicious and destructive to a state , that they were minded to brand with infamy all those who would have excluded the duke of york from the succession ; that all the nation having acknowledged this prince at a time when he made open profession of the popish religion , it would be a ridiculous inconsequence to pretend that that same religion was an hindrance to his reigning as king of england ; and that as for any previous compact that might be alledged by ill disposed men to have been between king and people , i● was a pernicious chimerical notion , often condemned as a gap opened to seditious practices for the imbroiling of the state ; that surely that retreat could not be called a desertion in the king , full of discontent , and finding himself abandoned by his subjects to the mercy of a foreign nation , especially seeing the royal character the bore , did but expose him to the insults of the people , and his person into the hands of a prince that imposed laws upon him , seized him in his own dominions , and gave him umbrages that ought to presage greater dangers unto him ; that the offers he had again and again made to the nation , and even to the prince of orange , who protected it , to treat with them amicably , to leave nothing undone for the redressing of their grievances , could not but be adjudged reparations sufficient for those faults that were imputed to him ; that the letter he had writ , left behind him at feversham , and ordered to be printed , with several other letters which he had actually writ to diverse persons , asserting his authority and claim ; and that the protestations , which no doubt he would make against any acts of the assembly to meet , if any such should happen in disfavour of him , which could hardly be credited , and the measures which he had taken , and whereof they heard enough every day , and would doubtless more and more dayly , for the recovery of his dominions , were evident demonstrations that he had not renounced them ; and that if they were deserted by him , it was because his person was in no security there , and not the throne , which he still looked upon as a property appertaining to him alone ; that he was not the first and only king , even of england , that had made this step ; that ethelrede in the time of the saxon kings retired into normandy , and that among the royal stem of the plantagenets , edward iv. past over into flanders without king henry vi. his competiter his believing that he had thereby acquired a new title to the crown ; that as to the present conjuncture the king found himself in , the condition of kings would be very hard , if they of all mankind were the only persons who were not allowed the favour to shun a danger they were exposed to , and which could not be avoided but by fleeing from it , and that surely it was a man's prudence when he saw his house on fire beyond a possibility of extinguishing it , to save his own life , and attend an opportunity to rebuild it again , since he could not save it from burning . what successes , my lord , these remonstrances have met with , or may still , it may be your lordship can tell ; but i can tell you , if this fails , there is another mine to spring , whereon they rely very much , and on which they intend to work with utmost diligence ; but i pray god to keep my poor country from falling again into their shares , from which it now is in so fair a way of being delivered , and to inspire your lordship and other worthy patriots sit such a juncture with a proportionable zeal for the good of it , and so i rest . my lord , your lordship 's most humble servant . paris , feb. . . s. n. letter liv. upon the throne 's being declared vacant by the convention , the french emissaries were to endeavour to embroil the nation about the form of government to be established among them . my lord , i know not how it is in england , but men's wits here have plaid so liberally upon the word abdication , started in your convention , and such railery and bu●tle made about it as can scarce be believed by any without he were an eye and ear-witness of it ; and believing at the same time they would never make any thing of it but that the precautions they had taken to mannage the upper house , would fully answer their expectations , the grimaces they have since made upon their receiving certain advices , that the throne has been declared vacant , are not so surprizing , for one is a natural consequence of the other , as they are sudden and ridiculous ; tho' they are not yet quite out of hopes , for their emissaries have received previous instructions , that in case their remonstrances to the lords , as mentioned in my last , would not do , that then they should chiefly turn their batteries upon the members of the lower house , by infusing notions into some of one sort of government as the best , to others another , to gain time thereby ; and concert mutual iealousies between the parties , which would not fail of making the prince weary of such endless wranglings , and so make him either assume the government by vertue of his own power and authority ; or else seeing no hopes of any settlement , and that the factions were so strong as not to be quelled , and so obstinate as not to be reconciled , to retire home , and leave them in a far worse state than he found them . the republican party , which they knew to be but very few , they are to ply warmly with the fitness of the opportunity to set up a free state once again , that perhaps the prince of orange would be better pleased with it , provided he were made stadtholder as he was in holland , and greatly promote it , if he saw once a tendency in any considerable members that way ; that a regency which was like to be proposed upon the declaring the throne vacant , could not be thought to be so agreeable to him ; who knew well enough the publick evils that were annext to such an office , but that if it should so happen that the major part should carry it , that the regal dignity and office should be continued and that in the person of another than king james , and that by natural consequence it must be offered to the prince of orange , yet surely they could not be so far wanting to themselves as not to stickle that he might receive the crown under such a title as might come as nigh that form of a republick as might be , and lay a sure foundation for the introduction of it , when things were riper , at another turn of government , which under such circumstances could not chuse but quickly happen ; and what could they better do , than to get the kingdom declared elective , which as it was a debasing and diminution of hereditary succession , so it was a great step towards the erecting of a popular government once more , which the treachery and hypocrisie of one at the head of it had destroyed in the present age , when it was in a fair way of giving laws to all the neighbour nations round it . they have been further instructed , that if they found any disposed to favour the title of conquest , so far to promote it as might in some measure give check to the other factions , but by no means to overballance them . but that these practices may have as little success as those mentioned in my last to your lordship , is the earnest desire and hope of , my lord , yours lordship's most humble servant . paris , feb. . . n. s. letter lv. of the prince and princess of orange being proclaimed king and queen of england , &c. my lord , this court is thunder-struck that all their counter-plots and designs have been rendred so ineffectual in england , where heretofore they seldom used to miss their mark , and that they come to be assured by repeated advices that the prince and princess of orange are declared king and queen of england , &c. and what adds greatly to the mortification is , the circumstances of it , both as to the title whereby they are declared and the people of england's previous a●●erting their native rights and legal privileges so vigorously and thereby casting such an odium upon the late government , as can hardly be obliterated and forgotten in this age ; and now they begin to think what may not they fear from a prince who has been so much injured by them , had always the honesty , as well as courage and constancy to oppose their incroachments ; and now by this mighty ac●●ssion of power has means enough to put a check upon their exorbitant greatness , and perhaps force them to disgorge what they have been devouring of their neighbours for many years past ; which i heartily long to see effected , and wish king william and his royal consort may be happier than augustus and better than trajanus , and that your lordship may flourish under them , whom i shall ever loue and honour , tho' i cannot at present serve , because of the difficulty of safe conveyance to your hands ; and therefore till i can settle a sure and safe correspondence , upon this change of government , with your lordship , i remain , my lord , your very humble servant . paris , feb. . . n. s. finis . true information of the beginning and cause of all our troubles how they have been hatched, and how prevented. wherein vvee may see the manifold contrivances and attempts of forraigne and home-bred enemies, against the parliament, kingdome, and purity of religion. and how all their endeavours whether by force or fraud, never prospered. a work worthy to be kept in record, and to bee communicated to posterity. vicars, john, or - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing v b). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing v b estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) true information of the beginning and cause of all our troubles how they have been hatched, and how prevented. wherein vvee may see the manifold contrivances and attempts of forraigne and home-bred enemies, against the parliament, kingdome, and purity of religion. and how all their endeavours whether by force or fraud, never prospered. a work worthy to be kept in record, and to bee communicated to posterity. vicars, john, or - . [ ], , [ ] p. : ill. (metalcut) [s.n.], london : printed in the yeare . by john vicars. title page is a v; a r is blank. some print show-through. reproduction of the original in the henry e. huntington library and art gallery. eng england and wales. -- parliament -- early works to . great britain -- politics and government -- - -- early works to . great britain -- politics and government -- - -- early works to . a r (wing v b). civilwar no true information of the beginning and cause of all our troubles: how they have been hatched, and how prevented. wherein vvee may see the man vicars, john c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - john latta sampled and proofread - john latta text and markup reviewed and edited - pfs batch review (qc) and xml conversion true information of the beginning and cause of all our troubles : how they have been hatched , and how prevented . wherein vve may see the manifold contrivances and attempts of forraigne and home-bred enemies , against the parliament , kingdome , and purity of religion . and how all their endeavours whether by force or fraud , never prospered . a work worthy to be kept in record , and to bee communicated to posterity . the people that will not understand , shall fall . london , printed in the yeare . true information of the beginning and cause of all our troubles , how they have bin hatched and how prevented . parliament . in the first yeare of king charles his reign , a parliament being called at oxford , two subsidies were granted , no grievances removed , but the said parliament soone dissolved . the sad effects which the dissolution of this parliament produced , were the losse of rochell , by the unhappy helpe of englands ships . the diversion of a most facile and hopefull warre from the west-indies , to a most expencive and successelesse attempt on cales . the bloody and unblessed attempt on the isle of ree , and thereby a precipitate breach of peace with france , to our great losse . a peace concluded with spaine , without consent of parliament , contrary to a promise formerly made to the kingdome , by king james , a little before his death ; whereby the cause of the palatinate was altogether most shamefully deserted by us . the kingdome suddenly billetted with souldiers , and a concomitant project set on foot for germane horfes to force men , by feare , to fall before arbitrary and tyrannicall taxations , continually to be laid upon them . parliament . the dissolution of a second parliament at westminster , in the second yeare after a declarative grant of no lesse then five subsidies , and the sad issues that flowed to the kingdome thereupon . as first , the violent exacting from the people of that mighty summe of the five subsidies , or a summe equall to it by a commission for a royall-loan , as it was called . many worthy gentlemen imprisoned and vexed , that refused to pay it . great summes of money extorted from subjects by privy seals and excises the most hopefull petition of right , blasted in the very blossome of it . parliament . a third parliament called , and quickly broken in the fourteenth yeare of the king , and therein parliamentary priviledges extreamly violated by after ill-usage of some of the best and worthiest members thereof , who were clapt up close prisoners , denied all ordinary and extraordinary comforts of life , and preservation of health , which might have proved perpetuall to them , had not a fourth parliament ( which afterward happened ) necessitated their releife and release . and this third parliament thus dissolved , o the miserable effects that followed thereon also . scandalous and opprobrious declarations published to asperse and besmeare the proceedings of the last parliament , and some of the best members thereof ; yea , proclamations set out to those effects , thereby extreamly to dis-hearten the subjects , yea , and plainly forbidding them once to name a parliament , or to desire them any more . vvhence , immediately gushed out ( this damme of parliaments thus being broken down ) the violent inundations ( even to a deluge of miseries ) of mighty summes of money , got by that strange and straining project of knight-hood ; yet , under a faire colour and pretence of law for it , and for all the rest that followed . as , the most burthensom book of rates ; the most heavy and unheard of ( till then ) taxation of ship money ; the enlargement of forrests , contrary to magna charta ; the injurious taxation of coat and conduct money ; the forcible taking away of the trained-bands armes ; the desperate designe of ingrosing gunpowder into their hands and keeping it fast from the subject in the tower of london , not to be had thence but at most excessive rates . the destruction of the forrest of dean , that most famous magazine , and timber-store-house of the whole kingdome , which was sold to papists . the monstrous monopolies of sope , salt , wine , leather , and sea-coal ; yea , almost of all things in the kingdome of most necessary and common use . restraint of subjects liberties in their trades and habitations ; for refusall of which foresaid heavy pressures , many were vext with long and languishing suites , some fined and confined to prisons , to the losse of health in many , of life in some ; some having their houses broke open , their goods seized on , their studies or closets searched for writings , bookes , and papers , to undoe them ; some interrupted also in their sea-voyages , and their ships taken from them , in an hostile manner , by projectors , as by pirates , or common enemies . the crushing cruelties of the star-chamber-court , and councill table , in those dayes , chiefly , for the fomenting and increasing of most exorbitant taxations , pressures and unjust suit , against the subject . thus farre for the miseries of the common-wealth ; now also for the churches danger , and distresse , the amazing miseries of the subjects consciences also , by the intolerable burden of popish ceremonies , romish innovations and such like other outrages of the arch prelate of canterbury , and his prelaticall agents and instruments , over the whole kingdome , in matters of religion , divine worship , and spirituall cases of conscience . the most palpable and abominable romish ceremonies used at the kings coronation , and insolent and impious , false and destructive additions in the oath administred to the king , at his said first inauguration to the crowne , by that most arrogant arch-bishop . and the manifold other impious impositions in matters of religion , divine worship and spirituall cases of conscience ; for refusing and opposing of which , how was the honest-hearted and tender-conscienced subject , grievously oppressed by fines , imprisonments , stigmatizings , mutilations , whippings , pillories , gagges , confinements and banishments ; yea , and that , into perpetuall close imprisonments in the most desolate , remote , and ( as they hoped and intended ) remorslesse parts of the kingdome . the putting downe , yea , utterly ruinating of that most famous and honourable worke , that ever this kingdom saw , in a private way , for the advancement of gods glory in the propagation of the gospel , i mean , the feoffees for buying in of impropriations ; noy , the ( then ) atturney-generall , openly in court , accusing that blessed worke to bee a worse plot against the church ( he meant the prelaticall-church sure , ) than the papists powder-plot the advancing ( for the most part ) none , to ecclefiasticall dignities and livings but arminians ; yea , popish hearted pontificians ; suspending , and silencing with deprivations , degradations , and excommunications , almost all the most pious , painful and orthodox-learned pastours over the kingdom , whom they could catch in their snares , and all this under a pretence of peace , unity and conformity ; in which foresaid cases , the high-commission ( like the spanish-inquisition ) with its most pregmaticall pranks , was all along , most intolerable and abominable . printing-presses , set open for the printing and publishing of all sorts of popish and arminian tenets ; but , shut up and restrained from printing , sound and orthodox doctrines . nay , not onely thus lamentably ▪ molested us at home in england ; but attempted the like on our brethren in scotland , indeavouring to impose upon their consciences also , a new liturgie , and a booke of canons , upon the first introducing whereof into their church , they not induring them , threw stones and stooles at the arch-bishop of st. andrews head , and beat him out of the church , crying out a pape , a pape , and so rid themselves of them . upon which refusall of theirs , o what foule calumnies and scoffes were immediatly cast upon them , and they called and counted rebels and traytors ; yea , so proclaimed in all churches in england . an army was also raised to oppresse and suppresse them , for thus resisting the arch-prelates most injurious impositions on them . a mighty and tumultuous rising of apprentices and young men , in southwarke and lambeth side , with clubs and other weapons especially at the arch-bishops house , which put him into such a fright , as made him flye to croyden , to convey himselfe to some more private and remote place , and although pharoahs magisians were so honest , that at the fight of the dust of the earth turned into lice , they cryed out it was the finger of god , but he grew more and more outragious , and caused one to be hanged and quartered , and his head set on london-bridge . our brethren of scotland likewise raising an army in their own just defence , and by force of armes , inforcing their owne peace . a first pacification being then made by the king , and some of his nobility , and ratified under hand and seal twixt them and the scots ; yet was it shortly after shamefully violated , and broken quite off by the arch-prelate of canterbury , and the earle of straford , and burnt by the hangman at the exchange . parliament . a fourth parliament was thereupon shortly after called again , by those complotters meanes , but to a very ill intent , and another parliament summoned also at the same time by the earle of straford in ireland , both of them onely to levy and procure monies to raise another army and wage a new war against the scots . the ships , and goods of our brethren of scotland , were , in all parts and ports of this kingdome , and of ireland , also surprised and seized on for the king ; their commissioners denyed audience to make their just defence to the king , and the whole kingdome of scotland and england too , hereupon much distracted and distempered with leavying of monies , and imprisoning all among us that refused the same . this parliament also refusing to comply with the king , canterbury and straford , in this episcopal war against the scots , was soon dissolved & broken up by them and thereupon they returned to their former wayes of waste and confusion , and the very next day after the dissolution thereof some eminent members of both houses , had their chambers , and studies , yea , their cabinets and very pockets of their wearing cloathes ( betimes in the morning before they were out of their beds ) searched for letters and writings , and some of them also imprisoned , and a false and most scandalous declaration was published against the house of commons in the kings name . a forced loan of money was attempted in the city of london , to be made a president ( if it prevailed there ) for the whole kingdom , but some aldermen refusing , were sorely threatned and imprisoned . in which interim , the clergies convocation continuing ( notwithstanding the dissolution of the parliament ) new conscience-oppressing canons were forged , and a strange oath , with a monstrous &c. in it , was framed for the establishing of the bishops hierarchy , with severe punishments on the refusers to take it . in this convocation sore taxations were also imposed upon the whole clergie , even no lesse than six subsidies , besides a bountifull contribution to forward that intended war against our brethren of scotland . for the advancing of which said summes for this war , the popish pontifician party , and their scandalous priests were most free and forward ; yea , and a solemn prayer was composed , and imposed by the bishops on their ministers every where to be used and read in all churches against the scots , as rebels and traytors . the papists also in a high measure enjoyed even almost a totall toleration ; and a popes nuncio suffered amongst us to act and govern all romish affaires , yea , a kind of a private popish-parliament kept in the kingdom , and popish jurisdictions , erected among them . . commissions were also ( secretly ) issued out for some great and eminent papists , for martiall commands , for levying of souldiers , and strengthening their party with armes and ammunition of all sorts , and in great plenty . . his majesties treasure was by these meanes so extreamly exhausted , and his revenues so anticipated , that he was inforced to compell ( as it were ) his own servants , judges , and officers of all sorts , to lend him great summes of money , and prisons filled with refusers of these and the other illegall payments ; yea , many high-sheriffes summoned into the star-chamber , and to the councel-board , and some of them imprisoned for not being quicke enough in levying of ship money , and such like intolerable taxations . . in summe , the whole kingdome was now brought into a lamentable and languishing condition of being most miserably bought and sold to any that could give and contribute most of might and malice against us , and no hope of humane help , but dolour , desperation and destruction , to be the portion of all . the arch-prelate of st andrewes in scotland reading the new service-booke in his pontificalibus assaulted by men & women , with crickets stooles stickes and stones . the rising of prentises and sea-men on southwark side to assault the arch-bishops of canterburys house at lambeth ▪ . parliament , anno . novemb. . . but , behold , a desperate plot and designe was herein also , immediately set on foot , to spoyle or poyson it in the very embrio and constitution of it , in the first choyce of the members thereof , by letters from the king , queen , malignant and popish earles , lords , knights , and gentry , posted into all parts of the kingdome , to make a strong party for them ; but , by admirable divine providence , this their plot was counterplotted , and wonderfully frustrated , and the parliament most hopefully congregated and setled . . shortly after , a very formidable spanish-fleet , or armado , appeared on our english narrow seas , in sight of dover , and was comming in ( as was , on very strong grounds , more than probably conjectured ) as a third party , to help to destroy us ; the spaniards hoping , that by this time , we and the scots were together by the eares , but they were by gods mercy , beaten off from us by our neighbours of holland . and we fighting against them , we fought against our friends . the souldiers in their passage to yorke , turn reformers , pul down popish pictures , breake downe rayles , turne altars into tables , and those popish commanders , that were to command them , they forced to eat flesh on fridayes , thrusting it downe their throats , and some they slew . . in the time of ours and the scots armies residing in the north , which was in june . the popish and malignant lords and prelates , fearing the effects of this present parliament , complotted together to disaffect that our english army against the parliament , and endeavoured to bring it out of the north , southward , and so to london , to compell the parliament to such limits and rules as they thought fit . july . at the beginning of the parliament there was a diligent inquisition after oppressions , and oppressors , and first upon the petition of mistris bastwick , and mistris burton , two widowed wives , and a petition exhibited in the behalfe of mr. pryn , dr. laighton , mr. smart , mr. walker , mr. foxley , mr. lilborn , and many others , set at liberty , some being banished , and all close prisoners , others fast fettered in irons , and their wives debarred from comming to them . the souldiers in their passage to york turn unto reformers pull down popish pictures , break down rayles ▪ turn altars into tables ▪ the english and scotts armies at first ready to fight , lovingly embrace each other & part kinde freinds ▪ the protestation . i a. b. doe in the presence of almighty god , promise , vow , and protest , to maintaine and defend , as far as lawfully i may , with my life , power , and estate , the true reformed protestant religion , expressed in the doctrine of the church of england , against all popery and popish innovations within this realme , contrary to the same doctrine , and according to the duty of my allegiance , his majesties royall person , honour , and estate ; as also the power and priviledges of parliament ; the lawfull rights and liberties of the subject , and every person that maketh this protestation , in whatsoever he shall doe , in the lawfull pursuance of the same . and to my power , and as farre as lawfully i may , i will oppose , and by all good wayes and meanes endeavour to bring to condigne punishment , all such as shall either by force , practice , councels , plots , conspiracies or otherwise , doe any thing to the contrary of any thing in this present protestation contained . and further , that i shall in all just and honourable wayes endeavour to preserve the union and peace between the three kingdomes of england , scotland , and ireland ; and neither for hope , feare , nor other respect , shall relinquish this promise , vow , and protestation . the earle of straffords speech on the scaffold . may . . my lord primate of ireland , ( and my lords , and the rest of these gentlemen ) it is a very great comfort to me , to have your lordship by me this day , in regard i have been knowne to you a long time , i should be glad to obtaine so much silence , as to be heard a few words , but i doubt i shall not ; my lord , i come hither by the good will and pleasure of almighty god , to pay the last debt i owe to sinne , which is death , and by the blessing of that god to rise againe through the merits of christ jesus to eternall glory ; i wish i had beene private , that i might have been heard ; my lord , if i might be so much beholding to you , that i might use a few words , i should take it for a very great courtesie ; my lord , i come hither to submit to that judgement which hath past against me , i doe it with a very quiet and contented minde , i doe freely forgive all the world , a forgivenesse that is not spoken from teeth outward ( as they say ) but from the heart ; i speake it in the presence of almighty god , before whom i stand , that there is not so much as a displeasing thought in me , arising to any creature ; i thank god , i may say truely , and my conscience beares me witnesse , that in all my services since i have had the honour to serve his majesty in any imployment , i never had any thing in my heart , but the joynt and individuall prosperity of king and people ; if it have beene my hap to be misconstrued , it is the common portion of us all while we are in this life , the righteous judgement is hereafter , here we are subject to errour , and apt to be mis judged one of another ; there is one thing i desire to cleare my selfe of , and i am very confident , i speake it with so much clearnesse , that i hope i shall have your christian charity in the beliefe of it ; i did alwayes ever thinke the parliaments of england , were the happiest constitutions that any kingdome or any nation lived under , and under god the meanes of making king and people happy , so far have i beene from being against parliaments ; for my death , i here acquit all the world , and pray god heartily to forgive them ; and in particular , my lord primate , i am very glad that his majesty is pleased to conceive me not meriting so severe , and heavy a punishment as the utmost execution of this sentence ; i am very glad , and infinitely rejoyce in this mercy of his , and beseech god to turne it to him , and that he may finde mercy when he hath most need of it ; i wish this kingdome all the prosperity and happinesse in the world ; i did it living , and now dying it is my wish , i doe now professe it from my heart , and doe most humbly recommend it unto every man here , and wish every man to lay his hand upon his heart , and consider seriously whether the beginning of the happinesse of a people should bee written in letters of blood ; i feare you are in a wrong way , and i desire almighty god that not one drop of my blood may rise up in judgement against you . ( my lord ) i professe my selfe a true and obedient son to the church of england , to that church wherein i was borne , and wherein i was bred ; prosperity and happinesse , , be ever to it : and whereas it hath been said that i have inclined to popery , if it be an objection worth answering , let me say truly , that from the time since i was one and twenty yeares of age , till this houre , now going upon . i never had thought in my heart , to doubt of the truth of my religion in england ; and never any had the boldnesse to suggest to me the contrary , to the best of my remembrance ; and so being reconciled to the mercies of christ jesus my saviour , into whose bosome i hope shortly to be gathered , to those eternall happinesses that shall never have end . i desire heartily the forgivenesse of every man , both for any rash or unadvised word , or deed , and desire your prayers : and so my lords farewell , farewell all the things of this world : lord strengthen my faith , give me confidence and assurance in the merits of christ jesus . i desire you , that you would be the earle of strafford for treasonable practises beheaded on the tower-hill ▪ be silent and joyn in prayers with me ; and i trust in god that we shall all meete , and live eternally in heaven , there to receive the accomplishment of all happinesse , where every teare shall be wiped from our eyes , and every sad thought from our hearts : and so god blesse this kingdome , and jesus have mercy upon my soule . amen . for the advancing of which designe , the earle of straford , then prisoner in the tower , attempted an escape , with sir william belfore , then leiutenant of the tower , promising and assuring him twenty thousand pound , and the marriage of his daughter to sir williams son , if he would but consent unto and assist his escape ; but sir william hated such bribes , and so the neck of all that plot was broken . then , they attempted by foule and false scandals on the parliament , to intice the army of the scots , ( then , still in the north ) to a newtrality , and to sit still whiles our english army acted the farther designes hatched and hammered still in their heads and hearts but this plot prevailed not neither . anno . octob. . about this time , that inhumane bloody rebellion and monstrous massacring of almost innocent english protestants , men , women and children , brake out in ireland , namely , about october . . these accursed rebels having had their principal encouragements and commissions to authorize them in that horrid and hideous rebellion from the court of england , and of purpose to have made england the chiefe seat of the war , and all the papists , prelates , and malignants utmost wrath and rage . for the still effecting of this designe , the malignant party in private , much prevailing still ; the designe now went on , chiefly against the city of london , for which purpose , the leivtenant of the tower , sir william belfore , was ( for his loyalty ) displaced by the king from his leivtenantship , and popish lord cottington , made constable of the tower ; but his dangerous designes being soone discovered , he was as soone displaced ; and collonell lunsford , was made leivtenant of the tower ; but , he also by the parliaments petition and importunity to the king , was displaced ; and sir john byron , a desperate malignant ( who afterward proved the most bloody lord byron , in cheshire ) was made leivtenant of the tower , in lunsfords stead , but he also , on many just jealousies being petitioned against , was at length , with much adoe removed and put out thence , and sir john coyners , by the power of the parliament , was put in his place . to the kings most excellent majesty , and the lords and peers now assembled in parliament . the humble petition and protestation of all the bishops and prelates now called by his majesties writs to attend the parliament , and present about london and westminster for that service . that whereas the petitioners are called up by severall and respective writs , and under great penalties to attend the parliament , and have a clear and indubitable right to vote in bils , and other matters whatsoever debatable in parliament , by the ancient customes , laws , and statutes of this realm , and ought to be protected by your majesty , quietly to attend and prosecute that great service . they humbly remonstrate and protest before god , your majesty , and the noble lords and peeres now assembled in parliament , that as they have an indubitate right to sit and vote in the house of lords ; so are they , if they may be protected from force and violence , most ready and willing to performe their duties accordingly . and that they doe abhominate all actions or opinions tending to popery and the maintainance thereof ; as also all propension and inclination to any malignant party , or any other side or party whatsoever , to the which their own reasons , and conscience shall not move them to adhere . but , whereas they have beene at severall times violently menaced , affronted and assaulted by multitudes of people , in their comming to perform their services in that honourable house , and lately chased away , and put in danger of their lives , and can finde no redresse or protection , upon sundry complaints made to both houses in these particulars . they likewise humbly protest before your maiesty , and the noble house of peers , that saving unto themselves all their rights and interests of sitting and voting in that house at other times , they dare not sit or vote in the house of peers , untill your maiesty shall further secure them from all affronts , indignities and dangers in the premises . lastly , whereas their feares are not built upon phantasies and conceits , but upon such grounds and objects as may well terrifie men of good resolutions , and much constancy . they doe in all duty and humility protest before your majesty , and the peers of that most honourable house of parliament , against all laws , orders , votes , resolutions , and determinations , as in themselves null , and of none effect , which in their absence , since the . of this instant month of december ▪ have already passed ; as likewise against all such as shall hereafter passe in that most honourable house , during the time of this their forced and violent absence from the said most the high commission-court and starr-chamber voted down , and pluralities & non residencies damned by parliament . honourable house ; not denying , but if their absenting of themselves were wilfull and voluntary , that most honourable house might proceed in all their premises , their absence , or this protestation notwithstanding . and humbly beseeching your most excellent maiesty to command the clerke of that house of peers to enter this their petition and protestation among their records . they will ever pray to god to blesse , &c. jo. eborac . tho. duresme , rob. co lich. jos. norw. jo. asa. guli . ba. & wells . gco. heref. rob. oxon. ma. ely , golfr . glouc. jo. peterburg . morris landaff . the bishops also had a pestilent plot about this time , to subvert and overthrow the parliament , by indeavouring to get the king to protest against their proceedings in it ; but twelve of them were thereupon presently impeached of high treason , and ten of them imprisoned in the towre of london , and afterward , they were all disabled from ever sitting againe in the parliament . bishops voted downe root and branch : nullo contradicente , insomuch that the citizens of london the same night , made bonfires , and had ringing of bels . and for the better securing the city within , as well as without , the parliament published an ordinance , thereby injoyning all popish recusants , inhabiting in and about the city , all disaffected persons , and such as being able men , would not lend any money for the defence of the commonwealth , should forth with confine themselves to their owne houses , and not to go forth without speciall licence , as they would answer it at their perills , to the parliament . another ordinance was sent to the lord major , by which the trained bands were authorised to apprehend many of the prime and richest malignants , disaffected affected persons in the city , whereof were four● alderman put in safe custody , in crosby house and some in gressam colledge . . about which time , a letter was sent to mr. john pym , ( a most eminent member of the house of commons ) a most reviling letter , therein calling him traytor , and in the said letter inclosed a plague-sore plaister , thinking thereby to have destroyed him ; but , god mightily preserved him from the infection of it . . after this , the king himselfe ( being guarded with about . armed , ruffianly desperate cavaliers or souldiers ) violently rushed into the house of commons , accused five of their most eminent members of treason , demanded their persons to be delivered up unto him , intending to destroy all that resisted him therein , but c●ost by the happy absence of the gentlemen ; this plot was attempted , januar. . . anno . . after this , one binion , a silkman of london , and the kentish malignants , wherein sir edward deering had a principall hand , framed dangerous and destructive petitions against the proceedings of the parliament ; but were both most justly rejected , and themselves fined and imprisoned for them . . immediately after this , things grew still worse and worse among the malignants , the king himselfe in unjust discontent ( by the desperate counsell of the young lord digby ) forsakes the parliament , and getting the prince to him , leaves london , and presently posts into the north , and there attempts to get hull into his hands , but was happily prevented and bravely opposed by sir john hotham , then , in that time of his outward and seeming fidelity . . the king being at yorke , interdicts the militia , then , set on foot , by the parliament , for their iust safety and defence ; and endeavouring to remove the terme from the city of london , but in both is opposed by the parliament , and the messenger hanged . at ege-hill peeces of can̄on shot against of e : of essex liffegard & not one man hurts , & those brake in vpon of the kings , of the parliā : reg : ran away , & troops of horse , so wee wayre & they , yet wee tooke the standerd & cleste sr : ed : varney standerbearer in the head & slew the lord lindsey generall of the fielde . the queene when shee went ouer beyond seas ▪ one of her shipes where shee had a greate tresury sprung a leake & much was last and spoyled , and when shee returned for england , she had a mighty storme at sea ; brake the mast of van trumpe-ship and after dayes boystrus turmoyle , she was driuēn backe againe , there was broke and last ● ships of amunition and they that were driuen bake uere almost starved ▪ . the king set on foot a most illegall commission of array , to clash against the parliaments mili ia , which occasioned much mischief and misery over the whole kingdome , but the parliaments militia prevailed in most places and parts of the land . . three letters were intercepted , discovering a most desperate plot against the parliament by the royalists , commissary wilmot , ligby , jermine , crofts , and others , which by gods mercy failed them and came to nothing , but we in taking some of their ships were advantaged thereby . . sir richard gurney , then lord major of the city of london , proving a desperate malignant and array man , was crost in his desires , and clapt up prisoner in the tower of london , by the power of the parliament . . proclamations and declarations against the parliaments proceedings were printed and published , and commanded to be read in all the churches and chappels over the whole kingdome within the kings power . . sir john penington , a brave sea-man , but a desperate malignant , was constituted admirall of the seas , for the kings service , but displaced and dispossessed thereof by the parliament ; and the most noble and loyall earle of warwicke ( notwithstanding the kings letters and command to interdict him therein , and to give way to penington ) being put in by the power of the parliament , and possessed of the ships , kept and continued in the place and office for the parliaments service . . hull besieged by the marquesse of newcastle for the king ; and in that interim one beckwich a knowne papist , plotting to have betrayed it , by firing it in foure severall places , and then assaulting it ; yet hull , by gods mighty providence was preserved ▪ and the king after much losse of men and money , enforced to forsake it . the citizens of london voluntarily proffered their service to attend and guard the parliament by land to westminster , to secure them from danger . by water also the stout shipmasters and marriners , likewise made ready a great number of long-boats , furnished with ordnance , muskets , and other sea-like warlike instruments , their vessels also gallantly adorned with flagges and stremers , together with martiall musicke , drums and trumpets , so as it was a rare sight , and when they came to white hall , and understood that the parliament worthies were safely arrived , the trained bands by land , and the valiant sea-men by water , let flye their thundering shot both small and great , their trumpets sounding , and their drums beating , in a triumphing and congratulating manner , a singular testimony of their cordiall affections . the very same day , a numerous company of buckinghamshire men , both gentlemen , ministers , and others of that county on horsebacke , with their protestations in their hats ▪ partly in behalfe of their knight of the shire , but especially to petition the parliament , for reformation of evills in church and state , and to assure their best services and assistance to the parliament , on all just occasions , and out of essex , hartford , berkshire , surrey , and other counties of the kingdome came , one after another . . the earle of essex was ordained lord generall over all the parliaments forces , for the preservation of the kingdome , which he faithfully managed , especially at edge bill and newbery and other places , can abundantly witnesse . . a plot to have blowne up all the lord generalis magazine of powder , and another at beverley in yorkshire , to have slaine sir john hotham , both intended by one david alexander ▪ and hired thereunto , but both timely prevented . . commissions granted to popish recusants to leavy men and armes against the parliament ; but the parliament published a declaration or protestation to the whole world , of their just proceedings therein . . the king received the most bloody irish rebels petition , and permitted their persons with great favour and allowance about him ; calling , and counting them good catholicke subjects ; but utterly rejecting the petition ( exhibited by the lord generall ) desiring peace and reconciliation with him . . a treaty of peace was really intended by the parliament , but meerly pretended for a while , transacted by the royalists ; in which interim , that most bloody bickering at brainford , was committed by the kings party , a piece of villany carried on therein , but ( though with much losse on both sides , but especially on theirs ) by gods great mercy the mischiefe prevented , and the city of london mightily preserved . . a dangerous plot against the kingdome , in new high-sheriffes , for the better collecting of the li . subsidies , intended to have been confirmed to the king in a former parliament ; but , that plot crost by providence , and an ordinance set on foot for the successefull association of counties for mutuall defence one of another , against regall injurious taxations and oppressions on them . a letter sent to mr pym , mr: pym , doe not think that a guard of men can protect you if you persist in your traiterous courses and wiked designes ▪ i have sent a paper-messenger to you , and if this does not touch your heart , a dagger shall so soon as i am recouered of my plague-sore : in the meane time you may be forborn , because no better man may be endangered for you repent , traitor anno . . a notable plot against the city of london , imediately upon the cities preferring a petition to the king , by the hands of two aldermen , and foure commoners of the said city , in reply to which petition ▪ the king sending as his messenger , one captaine h●rn to the city , and the whole body of the city assembling at a common hall , this hern desires faire play above board of them ; but the businesse being found to be a notable designe of the malignant-citizens against the parliament and the ( then ) lord major of london , and the government of their city , the major cry out in the hearing of hern ▪ they would live and dye with the parliament , and so sent hern away with a flea in his care . . another plot contrived at oxford , by a letter sent to all the freemen ▪ iourneymen and apprentices , of the said city to assemble at their severall hills ; and there the masters and wardens of all companies to read the kings letter to them , and to perswade them to yeeld to all the kings commands against the city ; but this letter was crost in the necke and nicke of it , and voted to be evill and scandalous . . a plot also to betray bristol into the royalists hands by one yeomans and bowcher , and divers other their associates ; but discovered , two principall conspirators were by martiall law condemned and hanged . . cheapside-crosse , charing crosse , and all other crosses , in and about london utterly demolished and pulled downe , and that abominable and blasphemous booke of tolerating sports and pastimes on the lords dayes , voted to be burnt , and shortly after accordingly burnt , together with many crucifixes and popish trinckets and trumperies , in the very same place where cheapside-crosse stood , and at the exchange . . mr. pryn sent by the parliament to the towre of london , to search the arch prelate of canterburies chamber and study there , where he was prisoner , who accordingly searching his study , and his pockets of his wearing cloaths ( a just requitall of his dealing with mr. pryn and others ) found the originall scotch service booke , with the arch-bishops owne hand-writings in it , the cause of all the scots wars ; and his diary , devotions , and discoveries under his own hands of matters of high concernment . . the city of london to have been betrayed into the hands of the royalists , under a pretence of a petition for peace , plotted by mr. waller , a member of the house of commons , m. tompkins , m. challenor , and others ; and this plot , termed by king charles in his letter to the queen , one of his fine designes ; but waller one of the prime complotters , was by the sentence of the parliament fined l. in his estate , and sent out of the kingdome into perpetuall banishment , and tompkins and challenor hanged in london . . the breaking of sir john hothams rotten heart and infidelity to the parliament , in his attempted plot for the betraying of that mighty strong town of hull into the queens hands , which treachery was plotted and contrived between sir john the father , captaine hotham his son , and sir edward roades , and began to be suspected by sir john hothams deserting of the noble lord fairfax , by an intercepted letter of the queens to the king , and divers other sumptomes of it , but especially by captaine moyers letter to mr. ripley , and mr. ripley's faithfull acquainting the major of hull therewith , and their first seizing on the block-houses , castles , and commanders of them ▪ and at length their apprehending of the persons of sir john hotham , and sir edward roades , for which treachery sir john hotham and captaine hotham his son was also apprehended , and both of them beheaded at the tower of london . the of may . the crosse in cheapeside was pulled downe ▪ a troope of horse & companies of foote wayted to garde it & at the fall of the tope crosse drom̄es beat trūpets blew & multitudes of capes wayre throwne in the ayre & a greate shoute of people with ioy , the of may the almanake sayeth , was the invention of the crosse , & day at night was the leaden popes burnt ▪ in the place where it stood with ringinge of bells , & a greate acclamation & no hurt done in all these actions . of may the boncke of sports upon the lords day was burut by the hangman in the place where the crosse stoode , & at exchange . die mercurij may . , by vertue of an order of the house of commons , and agreeable to a bill passed by both houses of parliament , for suppressing of divers innovations in churches and chappels , this committee doth require you , and every of you ▪ to take away and demolish every alter or table of stone within your church or chappell and to remove the communion table from the east end of the said church or chappell , and to place the same in some other convenient place of the body of the said church or chappell , and to remove and take away all tapers , candlesticks , and basons from the communion table , and to take away and demolish all crucifixes , crosses , and all images and pictures of any one or more persons of the trinity , or of the virgin mary , and this committee doth further require you to demolish all crucifixes , crosses , images or pictures of any one or more persons of the trinity , or of the virgin mary , upon the outside of your said church or chappell , or any open place within your parish ▪ whereof you are to give an account to this committee , before the day of this moneth . to the church-wardens of the parish of , &c. and every of them . a desperate plot for the betraying of the city and towne of lincolne ▪ by the two purfries , two captains of hull , who let in cavaliers by night , in disguised habits , and who issuing out about of the clocke that night , to act their designe , where a plain fellow of the town discharging a peece of canon upon them , slew of them at one shot , the rest slaine and taken by the cen●inels and sou●●ers of the towne , and so by gods mercy the city preserved . the queen wrote a dangerous letter to the king , to come with all his force to surprize london ; but by gods over power wisdome and good providence , the king refusing that councell resolved to take gloucester first , which he fiercely assaulted , but was as bravely repulsed , and by gods blessing on major gener●l massies fidelity , timely aide comming to relieve the towne , it was admirably freed , and by the lord generalls army , and the city of london regiamen●● delivered . a desperate rebellion raised by the kentish malignants , but by gods mercy timely suppressed about tunbridge , by the valour of collonell brown , and the wel-affected gentry of the county of kent ▪ a ship bound from denmark to the king , of about tun , richly laden with armes and ammunition ; another ship bound from newcastle to holland , laden with sea-coale , but in the midst thereof was found between or livre. hid in the coales , sent to buy armes for the king ; a third great ship called the fellowship , of at least tun , carrying peeces of ordn●nce , all these ● ships taken by the parliaments ships , and made prize of . the comming in of our brethren of scotland with an army of at least horse and foot , invited thereunto by the parl. in the bitter depth of winter , when they marched up to the middle in snow , and were forced to bring their artillery over the ice of the frozen river of tyne , and the citizens of london lent the parliament a li. for the scots first pay , to encourage their advance to helpe us against the kings forces . on tuesday the of may , . the house of commons diving into the depth , and searching to the root of the kingdomes great and grievous distractions , and deepe distempers , and finding that all papists in the kingdome , have ( for the most part ) been main and most eminent yea , and most virulent actors , and abetters , of this present most unnaturall warre against the parliament , and that therefore they should be proceeded against as traytors to the state and kingdome , and thereupon also having just cause to search and see into the prime and principall head or leader of that perfideous faction , fell necessirily may . . voted that the queene pawning the iewells of the crowne in holland & there with buying armes to assist the warr against the parlamt & her owne actuall performances with her popish army in the north was high treason & transmited to the lords ▪ images , crucifixes papistorall bookes in somerset and jameses ware burnt and caphuchin friers sent away may an ordinance for the makeing of fortes , tronches , and bull workes , about the cittie , iuly- - . the assembly of diuines mett dr. jwiss prolocutor . : the totall may ●● challen or and tomkins were hangd for seekeing to betray the cittie . into a long and serious debate , touching the proceedings of the queen , in her late being in holland , and since her late coming back into the north of england , not onely in her countenancing , and incouraging , her aiding , and assisting the present civill war , but in her actuall performance in the same to foment and advance it to the utmost ruine ( as much as in her was ) of our religion and whole realine , for all which , and many other such like misdemeanours , it was debated , and at last fully agreed , that she was as liable to the censure of the law , as any subject in the kingdome , whereupon it was put to the question , whether the queenes pawning the jewels of the crown in holland , and therewith buying armes and ammunition , to be sent into england , to assist the said war against the parliament , and her own actuall performances , with her popish army in the north , were not high treason , and it was resolved most unanimously by the whole house for the affirmative , afterward it being also put to the question , whether they should forthwith declare their intentions to proceed against her by impeachment of high treason ▪ this also was immediatly resolved for the affirmative , and voted that articles of impeachment should be speedily drawne up against her , which votes the house of commons transmitted to the lords for their assent . the bishop of canterburies first prayer on the scaffold , jan. . o eternall god and mercifull father , looke downe upon me in mercy , in the riches and fullnesse of all thy mercies , look upon me , but not till thou hast nailed my sins to the crosse of christ , looke upon me , but not till thou hast bathed me in the blood of christ , not till i have hid my selfe in the wounds of christ , that so the punishment that is due to my sins may passe away and go over 〈◊〉 and since thou art pleased to try me to the uttermost , i humbly beseech th●e , give me now in this great instant , full patience proportionable comfort , a heart ready to dye for thine honour , and the kings happinesse , and this churches preservation , and my zeale to these , far from arrogancy be it spoken , is all the sin , h●mane fralty , excepted , and all incidents thereunto , which is yet known of me in this particular , for which i now come to suffer , i say in this particular of treason , but otherwise my sins are many and great , lord pardon them all , and those especially whatsoever they be which have drawn down this present judgement upon me , and when thou hast given me strength to ●eare it , then doe with me as seemes best in thine owne eyes , and carry me through death , that i may look upon it in what visage soever it shall appear to me ; and that there may be a stop of this issue of blood in this more then miserable kingdome ; i shall desire , that i may pray for the people too , as well as for my selfe : o lord , i beseech thee give grace of repentance to all people that have a thirst for blood , but if they will not repent , then scatter their devices so , and such as are or shall be contrary to the glory of thy great name , the truth and sincerity of religion , the establishment of the king , and his posterity after him , in their just rights and priviledges , the honour and conservation of parliaments , ●● their ancient and just power , the preservation of this poore church , in her truth , peace and patrimony , and the settlement of this distracted and distressed people , under the ancient laws , and in their native liberties , and when thou hast done all this in mercy for them , o lord , fill their hearts with thankfullnesse , and with religious dutifull obedience to thee and thy commandements all their dayes : so amen , lord jesus , and i beseech thee receive my soul to mercy . our father , &c. the bishop of canterburies last prayer on the scaffold . lord i am comming as fast as i can , i know i must passe through the shadow of death before i 〈◊〉 come to see thee , but it is but um●ra mortis , a meere shadow of death , a little darknesse upon nature , but thou by thy merits and passion hast broke through the jaws of death ; so , lord , receive my soule , and have mercy on me ▪ sr. alexander carow , sr. iohn hotham , captin hotham & the arch bishop of canterbury , beheaded on jowerhill for treason against the parliament . the great seale broken before the lords and commons on tusday the august and blesse this kingdome with peace and plenty , and with brotherly love and charity , that there may not be this effusion of christian blood amongst them , for jesus christ his sake , if it be thy will . and when he said , lord receive my soule , which was his sign , the executioner did his office . a desperate plot of the royalists to starve up the city of london , by breaking into surry , sussex , kent , and the other associated counties , but disappointed by the parliaments victories at aulton and alsford , fought by sir walliam waller , with the help of the city of londons regiments ; and the royalists plots to hinder our brethren of scotlands comming in to our helpe , by letters and embassadors sent from france , and messengers from king charles to inveagle them to help from us ; but all in vaine by gods good providence and 〈◊〉 to 〈◊〉 . the king granted a cessation of armes with the bloody rebels of ireland , and afterward justified it by a declaration of his , printed and published at oxford ▪ but it was remarkeably observed , that he never prospered in any of his great designs after that . a solemn league and covenant taken by the lords and commons in parliament , and by the city of london , and all parts of the kingdome , in the parliaments power , for a pure reformation of religion and church government , and a mutuall defence betwixt us and our brethren of scotland . a notable plot by the royalists to have nottingham town and castle , betrayed unto them , the officers therein being proffered above livre. to consent to it ; but prevented by colonell hutchinson , who was the governour thereof . a generall plot against the protestant religion over all christendome , and the danes and hollanders also , but god wrought a mighty overture therein by the sudden breaking out of the danes plot against the swedes , and their over-running almost all denmark thereupon , that he could do nothing . a desperate plot against the city of london , under a pretence of petitioning for peace , acted by sir basil brook , colonell read , and one mr. ripley , & vilet , citizens of london , and others , but discovered and prevented . . two desperate plots for the betraying of alsbury into the royalists hands ; and another against southampton , but all three timely discovered also , and prevented . one mr. edward stanford , a papist , plotted with captain backhouse a capt. of horse , under colonell massie for the betraying of the city of glocester into the enemies hands , and proffered livre. for a reward thereof , li . whereof was paid in hand to the said captaine , but by gods providence the plot frustrated , and gloucester safely preserved . englands great wonder to gods glory , there being ( about may . ) six brave armies in this kingdome , on the parl. side , and other forces for defence of the city of london , besides . ● a plot to have betrayed our whole army in cornwall in the west , but by gods blessing most of the souldiers lives were preserved , though with the losse of our artillery . sir alexander carew , sir john ho ham , captain hotham and the arch ▪ prelate of canterbury beheaded on tower-hill for treason against the parliament . . a peace onely pretended by the royalists at uxbridge , and a treacherous petition framed by the malignants of buckingham shire , wherein one sir john lawrence of that county was a great stickler , but the mischiefe of both was frustrated . . a desperate assault on melcomb-regis , to have betrayed it into the royalists hands , wherein divers of the malignant townsmen had a principall hand , and colonell goring and sir lewis dives , were agents therein , but the plot was frustrated , the towne and forts recovered , and two ships with rich prize from rhoan in france , were seized on to make amends for their trouble . . . divers earles and lords forsooke oxford , and came in and submitted themselves to the parliament . . a desperate plot in the west against the parliament , by the clubmen , but by gods providence turned to the enemies greatest hurt in the issue . . a devillish sudden plot upon scotland , which was almost over-run by traiterous montrosse , but as suddenly recovered againe , by gods blessing on generall david lesley , and montrosse discomfited and beaten away into the mountaines . . . a discovery of grosse impiety in the oxonians , pretending a desired treaty with the parliament , for a well-grounded peace , and yet at that time the earle of glamorgan , had a commission to the ruine of all the protestants in ireland , and so consequently of us in england also . . the great seale broken before the lords and commons , on tuesday the . of august . die sabbati . april . . be it ordained by the lords and commons in parliament assembled , that all and every person of what degree or quality soever , that hath lived or shall live within the kings quarters , or been aiding , assisting , or adhering unto the forces raised against the parliament , and hath or shall come to inhabit or reside under the power and protection of the parliament , shall sweare upon the holy evangelist in manner following . the negative oath . i a. b. doe swear from my heart , that i will not directly nor indirectly adhere unto , or willingly assist the king in this warre , or in this cause against the parliament , nor any forces raised with the consent of the two houses of parliament , in this cause or warre . and i do likewise sweare that my comming and submitting my selfe under the power and protection of the parliament , is without any manner of designe whatsoever , to the prejudice of the proceedings of the two houses of this present parliament , and without the direction , privity , and advice of the king , or any of his councell , or officers , other then what i have now made knowne . so helpe me god , and the contents of this book . and it is further ordained by the authority aforesaid , that the commissioners for keeping of the great seale of england , for the time being , shall have power , and are hereby authorised to render and administer the said oath unto any peere , or wife , or widow of any peere , so comming to inhabit as abovesaid . and it shall be lawfull to and for the committee of the house of commons for examinations , the committee for the militia in london , and all committees of parliament in the severall counties and cities of the kingdome , to tender and administer the said oath unto every person so comming to inhabit as abovesaid . and if any person ( not being a member of , or assistant unto either of the houses of parliament ) shall refuse or neglect to take the said oath , so duly tendered unto him or her , as abovesaid , the said commissioners and committees respectively , shall , and may commit the same person to some prison , there to remaine without baile or mainprize , untill he shall conforme thereunto . jo. brown cler. parliamentorum . . the king escaped out of oxford in a disguised manner , with two onely in his company , one of which was mr. ashburnham : the king and the other party going for the said ashburnham's men . the king carried a cloak-bagge or portmantle behind him like a serving man . ordered that it be declared , and it is hereby declared by the lords and commons in parliament assembled , that what person soever shall harbour or conceale , or know of the harbouring or concealing of the kings person , and shall not reveale it immediately to the speakers of both houses , shall bee proceeded against as a traytor to the common-wealth , forfeit his whole estate , and dye without mercy . a letter from the commissioners of scotland , concerning his majesties comming to the scotch . army may . . right honourable , the discharging of our selves of the duty wee owe to the kingdome of england , to you as commissioners from the same , moves us to acquaint you with the kings comming in to our army this morning , which having overtaken us unexpectedly , hath filled us with amazement , and made us like men that dreame ; wee cannot thinke that hee could have beene so unadvised in his resolutions , as to have cast himselfe upon us , without a reall intention to give full satisfaction to both kingdomes , in all their just and reasonable demands , in all those things that concerne religion and righteousnesse ; whatsoever be his disposition or resolution , you may be assured , that we shal never entertaine any thought , nor correspondency with any purpose , nor countenance any indeavours that may in any circumstance incroach upon our league and covenant , or weaken the union o● confidence betwixt the nations , that union to our kingdom was the matter of many prayers , and as nothing was more joyful unto us then to have it set on foot , so hitherto have we thought nothing too deare to maintaine it , and we trust to walke with such faithfullnesse and truth in this particular , that as we have the testimony of a good conscience , within our selves , so you , and all the world shal see that we mind your interest with as much integrity and care as our owne , being confident you will entertaine no other thoughts of us . signed may , . lothian his majesties letter to the parliament of england touching his good intention , not to prolong the warre , but to secure his person , and labour the composing of the differences betwixt him and the kingdomes . the king escapes out of oxford in a disguised maner a remonstrance exhibited in the name of the lord major , aldermen and common-councell of the city of london , to the high court of parliament . some particulars whereof are these following . that some strict and speedy course may be taken for the suppressing of all private and separate congregations . that all anabaptists , brownists , hereticks , schismaticks , blasphemers , and all such sectaries as conforme not , to the publique discipline established , or to bee established by the parliament , may fully be declared against , and some effectuall course settled for proceeding against such persons . that as we are all subjects of one kingdome , so all may be equally required to yeeld obedience to the government either set , or to be set forth . that no person disaffected to the presbyterian government , set , or to be set forth by the parliament , may be imployed in any place of publique trust . his majesty gave speedy order to several officers for the surrender of the towne castles , and forts , which then were in the hands of the kings commanders , viz. oxford , worcester , litchfeild and wallingford . a petition delivered to his excellency from the officers and souldiers in the army ; touching their faithfullnesse in the parliaments service doing summer service in the winter season , &c. further presented severall designes of theirs . . that an ordinance of indempnity with the royall assent be desired . . that satisfaction may be given to the petitioners for their arrears , both in their former service , and in this army before it be disbanded . . that those who have voluntarily served the parliament in this kingdome may not be prest to serve in another kingdome , &c. . that those who have lost lives , limbs , or estates , may be provided for , and relieved . a letter from his excellency to the severall officers of the army for the advance of the irish service , and prevention of all hindrances , &c. . the apology in answer to his excellencies letter , relating their sense of a second storme now hanging over their heads by the malice of a secret enemy , worse then the former now vanquished , expressing their sorrow that they cannot desire their owne security without hazard to his excellency , &c. a second apology of all the private souldiers in the army to their commission officers . concerning the abuse to divers wel-affected to the army by imprisonment , to the ruine of their estates , and losse of their lives . and for their candid intentions and endeavours declared no lesse then troublers and enemies to the state and kingdome , resolving rather to dye like men , then to be enslaved and hanged like dogs , &c. whereunto were annexed divers particulars agreeable to the former , delivered in to his excellency , march . . a letter from his excellency to the earle of manchester , concerning the votes of both houses , as also his griefe of heart for the distractions betwixt the parliament and army , desiring that all things may be determined in love , &c. a letter from his excellency to both houses concerning the kings being brought from holdenby . that some souldiers secure the king from being secretly conveyed away . that the souldiers of holdenby , with the kings consent , brought him away from thence , &c. that his majesty was unwilling to returne backe againe to holdenby , &c. and that the removall of his majesty from holdenby , was no designe , knowledge , or privity on his part , &c. a particular charge against the eleven members impeached by the army : . that mr. denzil hollis being one of the speciall commissioners for the parliament to present propositions to the king at oxford , made private addresses to the kings party then in armes against the parliament , and did secretly plot and advise them against the parliament , &c. . that the said mr. denzil hollis , and sir phillip stapleton , during the late war , when the earle of lindsey went from the tower to oxford , sent severall messages of intelligence to the earle of dorset , &c. . that the said mr. hollis , sir phillip stapleton , sir wil. lewis , sir john clotworthy , sir wil. waller , sir joh. maynard , ma. gen. massie , mr. glyn , mr. long , col. edward harley , and anthony nicholas , in the months of march , april , may , and june last ; in prosecution of their evill designs , met in divers places with persons disaffected to the state , for holding correspondency with the queen of england now in france , and incouraged her party there . . and indeavoured to bring in forraigne forces , and listed divers commanders and souldiers there to raise and leavy a new warre . . and affronted divers petitioners that came in a peaceable manner , boysterously assaulting them , &c. . imprisoned some members of the army , and to dis-obliege the army from the parliament . the solemn engagement of the citizens , commanders , officers , and souldiers , &c. the sollomne engagement of the citizens commanders and souldiers a pamphlet of paul bests burnt according to the order of parliament . the army marching toward the city , orders were given to the traine-bands to goe to the workes . the auxiliaries are raised to defend the city . a proclamation by beat of the drum for all that are able to beare armes , and are not listed to come to receive them . the house of commons and the lords likewise met according to the order of adjournment , july . but neither of the speakers . at length they proceeded to a new election and voted mr. pelham a counsellour , and member of the commons house speaker pro tempore . the lords made choice of the lord grey to be speaker of their house pro tempore . the sergeant at armes being absent with the mace when the commons chose their speaker , had the city mace , and chose mr. norfolke sergeant at armes . after which proceeding to debate the great affaires touching the city and kingdome , they voted as followes : . that the king come to london . . that the militia of the city shall have full power to raise what forces they shall thinke fit to the same . . that they may make choice of a commander in chiefe to be approved of by the house , and such commanders to present other officers to be approved of by the militia . the common-councell made choice of major generall massie to command in chiefe all the city forces . ordered by the militia that all reformadoes and other officers should the next day at two of the clocke beli●ted in st. jamses fields . and that the forces already listed should be put in a regimentall way . a great appearance in st. jamses fields of officers and reformadoes that were listed . order given for staying of horses in the city , and many listed . most of the eleven members sate in the house , and in the afternoone m. gen. massie , sir william waller , and col. gen. poyntz , were at listing the reformadoes . command given that all shops be shut up by sound of the trumpet throughout the city . the declaration of the lord major , aldermen , and common-councell published . a briefe of which , that his majesty was surprised at holdenby , and no place for his majesties residence allowed by the army nearer then their quarters ; therefore to settle peace , and establish true religion , ease the kingdomes burden , establish his majesties just rights , maintaine the parliaments priviledges , and relieve bleeding ireland , they professe the maine of their enterprise , &c. a petition in the names of many thousands well-affected citizens for some way of composure , &c. at which time col. gen. poyntz and other officers of the new list , attending for their orders upon the militia , came into guild-hall yard , and most cruelly hackt and hew'd many of the aforesaid petitioners , divers whereof were mortally wounded , whereof some since dyed . the earle of warwicke and earle of manchester having quit the houses retired into essex , and sent word to the generall they had cast themselves upon his protection . the lord say , lord mogrene , and divers other lords , with many of the house of commons , came to the head quarters , desiring the generalls protection . six aldermen , and twelve common-councell men are sent with a letter to the generall from the city , wherein they declare their unwillingnesse to a new war , desiring his excellency to receive the sense they apprehend the army hath taken against the city . a letter presented to the generall from the inhabitants of southwarke , relating their withstanding the designe of raising a new war , desiring some aid from his excellency for their protection . generall massie sends out scouts , but neare brainford thirty of his men were chased by ten of his excellencies , and tooke foure of gen. massies . a letter from the city to the generall , shewing their readinesse to joyn with his excellency , and according to his direction to receive those honourable members that were forc'd to retire by reason of the tumultuous affront , and willingly submit to be determined by both houses as they shall thinke fit , having recalled their late declaration against the armies proceedings , &c. about two of the clocke in the morning , col. rainsborough , col. huson , col. pride , and col. thistel●el , with their severall regiments of horse and foot marched into the borrough of southwarke ; the great fort was presently yeelded up to them without opposition . his majesty in a letter sent to the generall , acquits himselfe of the great scandall of having a hand in the late tumult , testifying his dislike thereof , accounting it a very dishonourable way to be brought to london in a tumultuous way . the members that were forced away returne to sit in westminster againe guarded by the souldiers . the houses being sat with their old speakers . the house of peers upon debate passed an ordinance for making his excellency thomas lord fairfax , high constable of the tower of london . the house ordered a gratuity of a months pay to be given to all the non-commission officers and private souldiers , for their great service . a committee appointed to finde out the chiefe promoters of the late designe of the tumult at westminster , and raising a new war . his excellency marches through the city with his army , horse and foot , and traine of artillery , without the least affront or prejudice to any ; they were marching through the city from eleven of the clocke , untill eight at night . by many thousands young men and apprentices of london , there was presented a humble acknowledgement and congratulation to his excellency for his many great services to the kingdome and city of london , resolving to live and dye with his excellency . an ordinance past both houses for declaring all votes , orders , and ordinances , past both houses , since the forcing both houses july . untill the . of this present august . to be null and void . the lords and commons make a new militia , consisting of . in number . the line of communication and workes about the city demolished , and the ordnance drawne off . upon information of the eleven late impeached members who had been very active in the late designe , it was ordered that they appeare at westminster , . octob. a letter from lieu. gen. crumwel to the house of commons acquainting mr. speaker , that his majesty had withdrawne himselfe at . the last night , his majesty having left his cloake behinde him , and some letters in his withdrawing roome . his majesties letter , hampton-court , novem. . . liberty being that which in all times hath been , but especially now is the condition , the aime and desire of all men . common reason shews that kings lesse then any should endure captivity ; yet i call god to witnesse with what patience i have endured a tedious restraint , which so long as i had any hopes that this sort of my suffering might conduce to the peace of these three kingdomes , or the hindring of more effusion of blood , i did willingly undergoe , but now finding by two certaine proofes , that this my continued patience would not onely turne to my personall ruine , but likewise be of much more prejudice then furtherance to the publique good , i thought i was bound as well by naturall as politicall obligations to feeke my safety by retyring my self for some time from publique view both of my friends and enemies , and i appeale to all indifferent men to judge , if i have not cause to free my selfe from the hands of those , who change their principles with their condition , and who are not ashamed openly to intend the destruction of the nobility , by taking away their negative voyce , and with whom the levellers doctrine is rather countenanced then punished ; and as for their intentions to my person , their changing and putting more strict guards upon me , with the discharging most of all the servants of mine , who formerly they admitted to wait upon me , doe sufficiently declare : nor would i have this my retirement mis-interpreted , for i shall earnestly and uncessantly endeavour the settleing of a safe and well-grounded peace , where ever i am or shall be , and that ( as much as may be ) without the effusion of more christian blood , for which how many times have i prest to be heard , and yet no care given to me ; and can any reasonable man thinke ( according to the ordinary course of affaires , there can be a settled peace without it , or that god will blesse those that refuse to heare their own king , surely no ? i must further adde that ( besides what concernes my selfe ) unlesse all other chiefe interests have not onely a hearing , but likewise just satisfaction given to them ( to wit , the presbyterians , independents army , those who have adhered to me , and even the scots ) i say there cannot ( i speake not of miracles , it being in my opinion a sinfull presumption in such cases to expect or trust to them ) be a safe and lasting peace : now as i cannot deny but that my personall security is the urgent cause of this my retirement , so i take god to witnesse the publicke peace is no lesse before mine eyes , and i can finde no better way to expresse this my profession ( i know not what a wiser man may doe , ) then by desiring and urging that all chiefe interests may be heard , to the end each may have just satisfaction ; as for example , the army , ( for the rest , though necessary , yet i suppose are not difficult to consent ) ought ( in my judgement ) to enjoy the liberty of their consciences , and have an act of oblivion or indempnity ( which should extend to the rest of all my subjects ) and that all their arrears should be speedily and duely paid , which i will undertake to do , so i may be heard , and that i be not hindred from using such lawfull and honest means as i shall choose : to conclude , let me be heard with freedome , honour , and safety , and i shall instantly breake through this cloud of retirement , and shall shew my selfe to be pater patriae . c. r. the copy of the paper entituled by the mutinous agents ; an agreement of the people &c. in briefe : having by their labour and hazard got their enemies into their hands , they are resolved to avoid danger of returning into a slavish condition , and the chargeable remedy of another war ▪ &c. doe declare , . that the people of england being very unequally distributed by counties , &c. for the election of their deputies in parliament ought more indifferently to be proportioned , &c. . from the inconvenience arising from the long continuance of the persons now in authority , this parliament be dissolved , september the last . . that the people of course do choose them a parliament once it two years , &c. . that the power of this , and all future representations of this nation is inferiour onely to those that choose them , &c. . that matters of religion , and the wayes of gods worship , are not at all intrusted to us by humane power , &c. a great tumult , insurection , and muteny in london breaking open divers houses , and magazines of armes and ammunitian breaking open divers houses seazing on the drumes , gates , chaines , & watches , of the citty assaulted and shot into the l : mayors house and killed one of his guard etc. . that impresting any of us , and constraining us to serve in the war , is against our freedome , &c. at this common-councel , mr alderman fowk , and mr. alderman gibs , by the directions of the committee of the militia of london , did make a large relation of the great tumult , insurrection and mutiny , which happened in this city on the last lords day , and on munday last , by many evill disposed persons , which first began on the lords day in the afternoon in the county of middlesex , where they seized the colours of one of the trained bands of the said county , who were there imployed for the suppressing of such persons as did profane the lords day ; and being dispersed by some of the generalls forces , did gather together within the city of london and liberties thereof , and in a riotous manner did break open divers houses and magazines of arms and ammunition , and took away arms , plate , money and other things , and did seize upon the drums of the trained-bands of this city , which were beating to raise their companies , and armed themselves , and beat up drums , and put themselves in a warlike posture , and seized upon the gates , chaines , and watches of this city , and then marched to the lord majors house , & there assaulted the lord major , sheriffes , committee of the militia of london , and other magistrates of the same ; and did shoot into the lord majors house , beat backe his guards , killed one of them , wounded divers others , and seized , and took away a piece of ordnance from thence , with which they did afterwards slay and wound divers persons , and committed many other outrages : all which matters being largely debated , and many particulars insisted upon , both for the discovery and punishment of the said misdemeanours and outrages ; and also for the preventing of the like for time to come , it was at the last concluded and agreed by this common-councell as followeth : first , this common-councell doth generally conceive that this city was in great danger , by reason of the said outrages and misdemeanours , and that if the same had not so timely beene prevented and stayed , the whole city would have been exposed to the fury and rage of the said malefactors , and this common-councell doth declare , that the same misdemeanor and outrage was a horrid and detestable act , tending to the destruction of the city , and that they do disavow the same , and with an utter detestation do declare their dislike thereof . and this common-councell doe appoint the committee of the militia of london to make the same known to the honourable houses of parliament , and also to make an humble request unto them , that an order may be issued forth from them to the several ministers of this city and the places adjacent , that they may be directed to give publique thanks to almighty god , the author of this great and wonderfull deliverance from that imminent danger wherein this city and parts adjacent were involved . and further , the said committee are appointed by this court , to apply themselves to the honourable houses of parliament , for the obtaining of a speciall commission of oyer & terminer , for the trying and punishing of the malefactors that had a hand in this detestable action , according to the known laws of this land . and this court with thankfull hearts do acknowledge the instruments under god , by which they obtained this deliverance , to be by the forces raised and continued by the parliament , under the command of his excellency the lord generall fairfax ; and to manifest the same , this common-councell do also order , that the said committee of the militia , in the name of the city , as a thing agreed upon by an unanimous consent , shall return their hearty thanks to his excellency , for his speedy and seasonable ayd , afforded unto the city in this their great straight and danger . and this court with a general consent , do well approve of the endeavours of the said committee of the militia for london , for the raising of the forces of the city , and in their procuring of the said ayd and help from his excellency in this extremity , and what else they have done for the appeasing and suppressing of the said tumul s. and this court do give thanks to the said committee of the militia , for their care and pains by them taken upon this sad occasion : and they doe appoint mr. alderman fowk to declare the same their thanks to such of the said committee as are not of this court . and this court doth also with all thankfulnesse acknowledge the pains and care of the right honourable the lord major , and the right worshipfull the sheriffes of this city therein . and this court doe generally declare , that it is the duty of every citizen of this city , by himselfe and all that doe belong unto him , or is under his command , to be ready upon all occasions to be ayding and assisting unto the lord major , and the rest of the magistrates of this city , for the suppressing of all tumults and disorders within the same . and the severall persons now present at this common councel , by the holding up of their hands have promised , that for the time to come they will use their utmost endeavour , and be ready upon all occasions to doe the same . michel a rising in norwich , where they seised upon the magazine , and those that fired the same were destroyed , but those that were cordiall friends to the parliament , being underneath , the house fell part of it upon them , that part below them , and the powder , were all saved , one having his head seen , was digged out , after he was out , he told of others , untill all were digged out without losse of life or limbe . sir marmaduke langdale tooke barwicke by vertue of a commission from the prince . sir thomas glenham , and sir phillip musgrave , tooke carlile . sir gilbert errington took harbotle castle in northumberland for the king . the commissioners of the parliament of england presented a paper to the parliament of scotland to declare against those in barwicke and carlile , but it was laid aside , no answer to any other papers , the commissioners of the kirke of scotland have declared against the declaration of the parliament of scotland , the parliament past another declaration , and putting it to vote whether it should be sent at all to the commissioners of the kirke , it was resolved in the negative : the commissioners of war sit daily to put the kingdome into a posture ; nothing talked of but war , divers new colours preparing for severall regiments . the routing of the welch in southwales under the command of major general laughorne being . horse and foot , took all their ammunition and armes . . captaines , . lieutenants , . ensignes , . private gentlemen . souldiers in custody . finis . former ages never heard of, and after ages will admire, or, a brief review of the most materiall parliamentary transactions, beginning, nov. , wherein the remarkable passages both of their civil and martial affaires, are continued unto this present year published as a breviary, leading all along, successively, as they fell out in their severall years, so that if any man will be informed of any remarkable passage, he may turne to the year, and so see in some measure, in what moneth thereof it was accomplished : for information of such as are altogether ignorant of the rise and progresse of these times : a work worthy to be kept in record, and communicated to posterity. vicars, john, or - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing v ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing v estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) former ages never heard of, and after ages will admire, or, a brief review of the most materiall parliamentary transactions, beginning, nov. , wherein the remarkable passages both of their civil and martial affaires, are continued unto this present year published as a breviary, leading all along, successively, as they fell out in their severall years, so that if any man will be informed of any remarkable passage, he may turne to the year, and so see in some measure, in what moneth thereof it was accomplished : for information of such as are altogether ignorant of the rise and progresse of these times : a work worthy to be kept in record, and communicated to posterity. vicars, john, or - . jenner, thomas, fl. - . [ ], p. : ill. printed by m.s. for tho. jenner ..., london : . attributed to john vicars (cf. nuc pre- ); occasionally attributed to thomas jenner. first published in with title: a brief review of the most material parliamentary procedures. reproduction of original in huntington library. eng england and wales. -- parliament. great britain -- politics and government -- - . great britain -- politics and government -- - . a r (wing v ). civilwar no former ages never heard of, and after ages will admire. or a brief review of the most materiall parliamentary transactions. beginning, nov: vicars, john c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - simon charles sampled and proofread - simon charles text and markup reviewed and edited - pfs batch review (qc) and xml conversion former ages never heard of , and after ages will admire . or a brief review of the most materiall parliamentary transactions . beginning , nov : . . wherein the remarkeable passages both of their civil and martial affaires , are continued unto this present year . published as a breviary , leading all along successively , as they fell out in their severall years : so that if any man will be informed of any remarkeable passage , he may turne to the year , and so see in some measure , in what moneth thereof it was accomplished . for information of such as are altogether ignorant of the rise and progresse of these times . a work worthy to be kept in record , and communicated to posterity . who is wise , and he shall understand these things ? prudent , and he shall know them ? for the wayes of the lord are right , and the just shall walk in them : but the transgressors shall fall therein . hosea . . london : printed by m. s. for tho : jenner , at the south-entrance of the royal exchange , . the chronology . in the first year of king charls his reign , a parliament being called at oxford , two subsidies were granted , no grievances removed , but the said parliament soon dissolved . the sad effects which the dissolution of this parliament produced , were the losse of rochel , by the unhappy help of englands ships . the diversion of a most facile and hopeful war from the west indies , to a most expensive and succeslesse attempt on cales . the attempt on the isle of ree , and thereby a precipitate breach of peace with france , to our great losse . a peace concluded with spain , without consent of parliament , contrary to a promise formerly made to the kingdome by king james , a little before his death ; whereby the cause of the palatinate was altogether most shamefully deserted by us . the kingdome suddenly billetted with souldiers , and a concomitant project set on foot for germane horses , to force men by fear to fall before arbitrary and tyrannical taxations , continually to be laid upon them . d parliament . the dissolution of a second parliament at westminster , in the second year , after a declarative grant of no lesse then five subsidies , and the sad issues that flowed to the kingdom thereupon . as first , the violent exacting from the people that mighty sum of the five subsidies , or a sum equal to it by a commission for a royal loan . many worthy gentlemen imprisoned and vexed , that refused to pay it . great sums extorted by privy seals and excises , and the most hopeful petition of right blasted . d a third parliament called , and quickly broken in the fourteenth year of the king , the best members clapt up close prisoners , denied all ordinary and extraordinary comforts of life ; and so that parliament was dissolved . opprobrious declarations published to asperse the proceedings of the last parliament , yea proclamations set out to those effects , thereby extreamly to dishearten the subjects , yea , and plainly forbidding them once to name a parliament , or to desire them any more . whence immediately gushed out the violent inundations of mighty sums of money , got by that strange project of knight hood , yet under a colour of law . the most burthensome book of rates , the unheard of taxation of ship-money , the enlargement of forrests , contrary to magna charta , the injurious taxation of coat and conduct money , the forcible taking away of the trained bands arms , ingrossing gunpowder into their hands in the tower of london . the destruction of the forrest of dean , which was sold to papists , whence we had all our timber for shipping . monopolies of sope , salt , wine , leather , and sea coal ; yea , almost of all things in the kingdome of most necessary and common use . restraint in trades and habitations , for re●●sall of which foresaid heavy pressures , many were vext with long and languishing sui●s , some fined and confined to prisons , to the losse of health in many , of life in some ; some having their houses broken open , their goods leized on , their studies or closets searched for writings , books , and papers to undo them : some interrupted also in their sea-voyages , and their ships taken from them . the crushing cruelties of the star-chamber court , and councel table , where the recorder of salisbury was greatly fined for demolishing the picture of the first person in the trinity , in their great cathedrall . thus far for the miseries of the common-wealth ; popish ceremonies , romish innovations , and such like outrages of the arch prelate of canterbury , and his prelaticall agents and instruments , over the whole kingdome , in matters of religion , divine worship , and spiritual cases of conscience . additions in the oath administred to the king , at his first inauguration to the crown , by the arch-bishop . fines , imprisonments , stigmatizings , mutilations , whippings , pillories , gagges , confinements , and banishments ; yea , and that into perpetual close imprisonments , in the most desolate , remote , and ( as they hoped and intended ) remotest parts of the kingdome , mr. burton , mr. bastwicke , mr. prin. the ruinating of the ●●eoffees for buying in of impropriations , and the advancing to ecclesiasticall livings arminians , silencing with deprivations , degradations , and excommunications , almost all the most pious pastors over the land , whom they could catch in their snares , and all this under a pretence of peace , unity , and conformity printing presses set open for the printing and publishing of all popish and arminian tenets , but shut up and restrained from printing sound doctrines . nay , not only thus lamentably molested in england , but attempted the like in scotland , indeavouring to impose upon them a new liturgy , and a book of canons . they refusing of them , were called and counted rebels and traytors ; yea , so proclaimed in all churches in england , and an army was also raised to oppresse and suppresse them . a mighty and tumultuous rising of apprentices and young men in southwark and lambeth side , with clubs and other weapons , especially at the arch bishops house , which put him in such a fright , as made him flye to croyden , to convey himselfe to some more private and remote place : and although pharoahs magicians were so honest , that at the sight of the dust of the earth turned into lice , they cryed out , it was the finger of god ; but he grew more and more outragious , and caused one to be hanged and quartered , and his head set on london-bridge , who said at his execution , he came there by accident , and he must dye . the arch-prelate of st andrewes in scotland reading the new service-booke in his pontificalibus assaulted by men & women , with crickets stooles stickes and stones . the rising of prentises and sea-men on southwark side to assault the arch-bishop of canterbury's house at lambeth . parliament . a fourth parliament was thereupon shortly after called again , by those complotters means , but to a very ill intent , and another parliament summoned also at the same time by the earl of strafford in ireland , both of them only to levy and procure moneys to raise another army , and wage a new war against the scots . the ships and goods of scotland , were in all parts and ports of this land , and of ireland also , surprized and seized on for the king , their commissioners denied audience to make their just defence to the king , and the whole kingdome of scotland , and england too , hereupon much distracted and distempered with levying of moneys , and imprisoning all amongst us that refused the same . this parliament also refusing to comply with the king , canterbury , and strafford , in this episcopal war against the scots , was soon dissolved and broken up by them , and thereupon they returned to their former wayes of wast and confusion , and the very next day after the dissolution thereof , some eminent members of both houses had their chambers and studies , yea their cabinets , and very pockets of their wearing cloaths ( betimes in the morning , before they were out of their beds ) searched for letters and writings , and some of them imprisoned , and a false and most scandalous declaration was published against the house of commons in the kings name . a forced loan of money was attempted in the city of london , to be made a president ( if it prevailed there ) for the whole kingdome , but some aldermen refusing , were sorely threatned and imprisoned . in which interim , the clergies convocation continuing , ( notwithstanding the dissolution of the parliament ) new conscience oppressing canons were forged , and a strange oath with an &c. in it was framed for the establishing of the bishops hierarchy with severe punishments on the refusers to take it . the oath . that i a. b. doe sweare that i doe approve the doctrine and discipline or government established in the church of england , as containing all things necessary to salvation . and that i will not endeavour by my selfe or any other , directly or indirectly , to bring in any popish doctrine , contrary to that which is so established : nor will i ever give my consent to alter the government of this church , by arch-bishops , bishops , deans , and arch deacons , &c. as it stands now established , and as by right it ought to stand . nor yet ever to subject it to the usurpations and superstitions of the sea of rome . and all these things i doe plainly and sincerely acknowledge and swear , according to the plain and common sense , and understanding of the same words , without any equivocation , or mentall evasion ; or secret reservation whatsoever . and this i doe heartily , willingly , and truly upon the faith of a christian . so help me god in jesus christ . in this convocation sore taxations were also imposed upon the whole clergy ; even no lesse then six subsidies , besides a bountifull contribution to forward that intended war against scotland . for the advancing of which said sums for this war , the popish were most free and forward ; yea , and a solemn prayer was composed and imposed by the bishops on their ministers every where , to be used and read in all churches , against the scots , as rebels and traytors . the papists also in a high measure enjoyed even almost a total toleration , and a popes nuncio suffered amongst us to act and govern all romish affairs , yea a kind of private popish parliament kept in the kingdome , and popish jurisdictions erected among them . commissioners were also ( secretly ) issued out for some great and eminent papists , for martial commands , for levying of souldiers , & strengthning their party with arms and ammunition of all sorts , and in great plenty . his majesties treasure was by these means so extreamly exhausted , and his revenues so anticipated , that he was forced to compell ( as it were ) his owne servants , judges , and officers of all sorts , to lend him great sums of money , and prisons filled with refusers of these and the other illegall payments ; yea many high-sheriffs summoned in the star-chamber , and to the councel board , and some of them imprisoned for not being quick enough in levying of ship-money , and such like intolerable taxations . in sum , the whole land was now brought into a lamentable and languishing condition , of being most miserably bought and sold to any that could give and contribute most of might and malice against us , and no hope of humane help , but dolour , desperation , and destruction to be the portion of all . in which interim , the scots being entred our kingdome for their own defence , the king had advanced his royal-standard at yorke , where the cream of the kingdom , nobles and gentry being assembled , and a treaty betwixt the prime of both armies had at rippon , for a fair and peaceable accommodation , the king was , at last , inforced to take his nobles councel , and in the first place a cessation of arms agreed on , and then a fifth parl. was necessitously resolved on to begin , nov : . . th parliament . letters from the king , queen , popish earls , lords , knights , and gentry , post into all parts of the kingdome , to make a strong party for them . shortly after , a very formidable spanish fleet , or armado , appeared on our english narrow seas , in sight of dover , and was coming in ( as was on very strong grounds more then probably conjectured ) as a third party , to help to destroy us ; the spaniards hoping that by this time , we and the scots were together by the ears , but they were by gods mercy , beaten off from us by our neighbours of holland , and we fighting against them , fought against our friends . the souldiers in their passage to york turn reformers , pull down popish pictures , break down rails , turn altars into tables , & those popish commanders , that ware to command them , they forced to eat flesh on fridays , thrusting it down their throats , and some they slew . in the time of ours and the scots armies residing in the north , which was in june , . malignant lords endeavoured to bring it out of the north , southward , and so to london , to compell the parl. to such limits and rules as they thought fit , whereupon the parl. entred upon this following protestation . die veneris , july , . we the knights , citizens , and burgesses of the commons house in parl. finding to the great grief of our hearts , that the designs of the priests , jesuites , and other adherents to the sea of rome , have of late been more boldly and frequently put in practice then formerly , to the undermining and danger of the ruine of the true reformed protestant religion , in his majesties dominions established : and finding also that they have been and having just cause to suspect that there are still even during this sitting in parliament , endeavours to subvert the fundamentall lawes of england and ireland , and to introduce the exercise of an arbitrary and tyrannicall government , by most pernicious and wicked counsels , practices , plots , and conspiracies : and that the long intermission , and unhappy breach of parliam . hath occasioned many illegall taxations , whereupon the subject hath been prosecuted and grieved : and that divers innovations and superstitions have been brought into the church , multitudes driven out of his majesties dominions , jealousies raised and vvn betwixt the king and his people , a popish army levyed in ireland , and two armies brought into the bowels of his kingdom , to the hazzard of his majesties royal person , the consumption of the revenues of the crown and treasure of his kingdome : and lastly , finding great cause of jealousie that endeavours have been , and are used to bring the english army into a misunderstanding of this parl. thereby to incline that army with force to bring to passe those wicked councels , have therefore thought good to joyne our selves in a declaration of our united affections and resolutions , and to make this ensuing protestation . the protestation . i a. b. do in the presence of almighty god , promise , vow , and protest to maintaine and defend , as far as lawfully i may , with my life , power , and state , the true reformed protestant religion , expressed in the doctrine of the church of england , against popery and popish innovations , within this realme , contrary to the same doctrine , and according to the duty of my allegiance , his majesties royall person , honour , and estate , as also the power and priviledges of parliament , the lawfull rights and liberties of the subject , and every person that maketh this protestation ; in whatsoever he shall doe , in the lawfull pursuance of the same . and to my power , and as far as lawfully i may , i will oppose , and by all good wayes and means endeavour , to bring to condigne punishment , all such as shall either by force , practice , counsels , plots , conspiracies , or otherwise , doe any thing to the contrary of any thing in this present protestation contained . and further , that i shall in all just and honourable wayes endeavour to preserve the union and peace between the three kingdomes of england , scotland , and ireland , and neither for hope , fear , nor other respect , shall relinquish this promise , vow , and protestation . at the beginning of the parliament ( nov. . . ) there was a diligent inquisition after oppressions and oppressors , and first upon the petition of mris bastwicke , and mris burton , two widowed wives , and a petition exhibited in the behalfe of mr pryn , dr. laighten , mr. smart , mr. walker , mr. foxley , mr. lilburn , and many others , set at liberty , some being banisht , and all close prisoners , others fast fettered in irons , and their wives debar'd from coming to them . decemb. . the earl of strafford , and laud arch-bishop of canterbury , impeached of high treason ; wren bishop of norwich , of treason , windebank and finch fled . the scots ships that were taken before the parl. began , restored , and . l. given to rig them , . l. towards their losses , and all books , libels , and proclamations against the scots called in . february , a bill signed for trienniall parl. ●ix subsidies , poll money , and a personall assesment of the whole kingdome . may , a bill signed that the parl. should not be dissolved without their consent ; lord strafford beheaded , the high commission court , and star chamber put down , the parl. proceeded against delinquent judges about ship-money . the earl of strafford's speech on the scaffold , may . . my lord primate of ireland , ( and my lords and the rest of these gentlemen ) it is a very great comfort to me , to have your lordship by me this day , in regard i have been known to you a long time , i should be glad to obtain so much silence as to be heard a few words , but doubt i shall not ; my lord , i come hither by the good will and pleasure of almighty god , to pay the last debt i owe to sin , which is death , and by the blessing of that god to rise again through the mercies of christ jesus to eternall glory ; i wish i had been private , that i might have been heard ; my lord , if i might be so much beholding to you , that i might use a few words , i should take it for a very great courtesie ; my lord , i come hither to submit to that judgment which hath past against me , i do it with a very quiet and contented mind , i do freely forgive all the world , a forgivenesse that is not spoken from the teeth outward ( as they say ) but from my heart , i speak it in the presence of almighty god , before whom i stand , that there is not so much as a displeasing thought in me , arising to any creature ; i thank god i may say truly , and my conscience bears me witnesse , that in all my services since i have had the honour to serve his majesty in any employment , i never had any thing in my heart , but the joynt and individuall prosperity of king and people , if it hath been my hap to be misconstrued , it is the common portion of us all while we are in this life , the righteous judgment is hereafter , here we are subject to error , and apt to be the earle of strafford for treasonable practises beheaded on the tower-hill . mis-judged one of another . there is one thing i desire to clear my selfe of , and i am confident i speak it with so much clearnesse , that i hope i shall have your christian charity in the belief of it , i did alwayes think that the parl. of england were the happiest constitutions that any kingdome or any nation lived under , and under god the means of making king and people happy , so far have i been from being against parliaments : for my death , i here acquit all the world , and pray god heartily to forgive them ; and in particular , my lord primate , i am very glad that his majesty is pleased to conceive me not meriting so severe and heavy a punishment as the utmost execution of this sentence ; i am very glad , and infinitely rejoyce in this mercy of his , and beseech god to turn it to him , and that he may find mercy when he hath most need of it ; i wish the kingdome all the prosperity and happinesse in the world , i did it living , and now dying it is my wish . i do now professe is from my heart , and do most humbly recommend it to every man here , and wish every man to lay his hand upon his heart , and consider seriously whether the beginning of the happinesse of a people should be writ in letters of blood , i fear you are in a wrong way , and i desire almighty god , that not one drop of my blood may rise up in judgment against you . my lord , i professe my selfe a true and obedient son to the church of england ▪ to the church wherein i was born , and wherein i was bred , prosperity and happinesse be ever to it : and whereas it hath been said , that i have inclined to popery , if it be an objection worth answering , let me say truly , that from the time since i was twenty one years of age , till this hour , now going upon forty nine , i never had thought in my heart , to doubt of the truth of my religion in england , and never any had the boldnesse to suggest to me contrary to the best of my remembrance ; and so being reconciled to the mercies of christ jesus my saviour , into whose bosome i hope shortly to be gathered ; to that eternall happinesse that shall never have end , i desire heartily the forgivenesse of every man , both for any rash or unadvised word , or deed , and desire your prayers : and so my lord farewell , farewell all the things of this word : lord strengthen my faith : give me confidence and assurance in the merits of jesus christ . i desire you that you would be silent , and joyn in prayers with me , and i trust in god that we shall all meet , and live eternally in heaven , there to receive the accomplishment of all happinesse , where every tear shall be wiped from our eyes , and every sad thought from our hearts : and so god blesse this kingdome , and jesus have mercy upon my soul , amen . august , . the king went to scotland . octob. the irish rebellion began , whereby above protestants were murdered . novemb. & decemb. the king came from scotland to london , and was entertained with most pompous solemnity , and after went to hampton court , the earl presented a remonstrance , wherein was expressed the kingdomes grievances , they desire a guard . sir wil. belford was displaced , and cottington made constable of the tower , but he was soon displaced , and col. lunsford was made lieutenant of the tower , but he also was displaced , and sir john byron was made liev. of the tower in lunsfords stead , but he also with much ado removed , and sir john conyers was put in his place . to the kings most excellent majesty , and the lords and peers now assembled in parliament . the humble petition and protestation of all the bishops and prelats now called by his majesties writs to attend the parliament , and present about london and westminster for that service . that whereas the petitioners are called up by several and respective writs and under great penalties to attend the parl. and have a clear and indubitable right to vote in bils , and other matters whatsoever debatable in parl. by the ancient customes , lawes , and statutes of this realm , and ought to be protected by your majesty , quietly to attend and prosecute that great service . they humbly remonstrate and protest before god , your majesty , and the noble lords and peers now assembled in parl. that as they have an indubitate right to sit and vote in the house of lords , so are they ( if they may be protected from force and violence ) most ready and willing to performe their duties accordingly . and that they doe abominate all actions or opinions tending to popery , and the maintenance thereof ; as also all propension and inclination to any malignant party , or any other side or party whatsoever , to the which their owne reasons and conscience shall not move them to adhere . but , whereas they have been at severall times violently menaced , affronted and assaulted by multitudes of people , in their coming to perform their services in that honourable house , and lately chased away , and put in danger of their lives , and can find no redresse or protection , upon sundry complaints made to the high commission-court and starr-chamber voted down , and pluralities & non residencies damned by parliament . both houses in these perticulars . they likewise humbly protest before your majesty , and the noble house of peers , that saving unto themselves all their rights and interests of sitting and voting in that house at other times , they dare not sit or vote in the house of peers , untill your majesty shall further secure them from all affronts , indignities , and dangers in the premisses . lastly , whereas their fears are not built upon fantasies and conceits , but upon such grounds and objects as may well terrifie men of good resolutions , and much constancy . they doe in all duty and humility protest before your majesty , and the peers of that most honourable house of parl. against all laws , orders , votes , resolutions , and determinations , as in themselves null , and of none effect , which in their absence since the th of this instant month of decem. . have already passed , as likewise against all such as shall hereafter pass in that most honourable house , during the time of this their forced and violent absence from the said most honourable house ; not denying but if their absenting of themselves were willfull and voluntary , that most honourable house might proceed in all their premisses in their absence , and this protestation notwithstanding . and humbly beseeching your most excellent majesty to command the clerk of the house of peers to enter this their petition and protestation among their records . they will ever pray to god to bless , &c. jo ebor. th. dures . rob. co. lich. jo. norw. jo. asa. gul ba. & wels. geo. heref. rob. ox. ma. ely . godf. glouc. jo peterb . mor. land . twelve bishops were impeached of high treason , and ten imprisoned in the tower , and afterward all disabled from ever sitting in the parl. they are voted down root and branch , nulla contradicente : the same night there were bonefires and ringing of bels . all popish recusants inhabiting in and about the city , all dis-affected persons , and such as being able men , would not lend any money for the defence of the common-wealth , should forthwith confine themselves to their own houses , and not to goe forth without speciall license . an ordinance to apprehend dis-affected persons in the city , whereof were four aldermen put in safe custody in crosby house , and some in gressam colledge . a letter sent to mr. pym . mr. pym . do not think that a guard of men can protect you if you persist in your trayterous courses and wicked designs : i have sent a paper-messenger to you , and if this does not touch your heart , a dagger shal , so soon as i am recovered of my plague-sore . in the mean time you may be forborn , because no better man may be endangered for you . repent traytor . jan : . the irish proclaimed rebels , the king demands five members , lunsford assaulteth the citizens at westmin : an act to carry on the war in ireland till it were reduced . febr : king signs the bill for taking away bishops votes . march , the queen went to holland , one of her ships sprung a leak , and much treasure lost , and when she return'd , there was a great storm , van trump's mast broke , and after eight dayes turmoil driven back again , broke and lost ships . the king went to theobalds , where a petition from the par. was presented , desiring him to let the militia abide neer lon : and not carry the prince away , he being at newmarket the house presented a declaration , the king went to york , sends a message to the parl. that he would raise foot and horse at hull , and go for ireland , sir john hotbam denies the king entrance , in april & may som members leave their seats , and go to the king at york binion a silk-man , the kentish malignants , and sir edw : deering frame petitions against the parl. but rejected , fined , and imprisoned . the king interdicts the militia , but the messenger was hang'd at the exchange . the lords and gentry of ireland and scotland , petition the king to return to his parl. the gentry of york shire do the like , but rejected . the k. set on foot a commission of array . june , the great seal carried to the k. the earle of warwick adm. money and plate brought in for the cause ; the king besieges hull , men went from london to it : proclamations and declarations against the parliament read in all churches and chappels within the k. power . july , an army raised , and essex made general , the lord major of london imprison'd for causing the k. commission of array to be proclaimed ; many proclamat : from the k. and declar : from the parl. by water the ship-masters and marriners made ready a great number of long-boats furnished with ordnance , muskers , and other sea-warlike instruments , their vessels gallantly adorned with flags and streamers , together with martial musick , drums & trumpets ; when they came to white-hall , and understood that the parl. were safely arriv'd , the train'd bands by land , and the sea-men by water , let flye their thundring shot both smal and great , their trumpets sounding , and their drums beating in a triumphing and congratulory manner , was a singular testimony of their cordial affections . the same day buckinghumshire men , both gentlemen , ministers , and others of that countrey on horsback , with their protestations in their hats , for reformation of evils in church and state , and to assure their best services and assistance to the parl. on all just occasions ; and out of essex , hartford , bark-shire , surrey , and other counties of the kingdome , came one after another . at edge hill pieces of canon shot against of the earl of essex life-guard , and not one man hurt , and those brake in upon of the k. four of the parl. regiments ran away , and sixteen troops of horse , so we were and they . yet we took their standard , and cleft sir edw. varney standard-bearer in the head , and slew the lord lindsey generall of the field . lord gen : magazine of powder to have been blown up , and sir john hotham killed , by one david alexander , but prevented . commis. granted to popish recusants to levy men and arms against the parl. the k. received the irish rebels petition , and permitted their persons with great favour and allowance about him , calling them good catholick subjects , but rejecting the petition for peace . novemb. a treaty of peace intended by the parl. but pretended by the k. where was that bloody bickering at brainford by the k. party . new high-sheriffs , for the better collecting of the . l. subsidies , intended to have been confirmed to the k. crost . jan . newcastle twice routed , k. party worsted near henly , scots come into engl. march , lichfield close taken , the k. sends the earl of glamorgan into irel. with power to conclude . dr. bastwick and cap. lilburn to be tryed at oxford , but preserv'd . a letter to all the freemen journeymen , and apprentices of the city , to assemble at their several halls , to be perswaded not to yeeld to the parl. voted scandalous . the of may . ye crosse in cheapeside was pulled downe , a troope of horse & companies of foote wayted to garde it & at ye fall of ye tope crosse dromes beat trūpets blew & multitudes of capes wayre throwne in ye ayre , & a greate shoute of people with ioy , ye of may the almanake sayeth , was ye invention of the crosse , & day at night was the leaden popes burnt , in the place where it stood with ringinge of bells , & a greate acclamation & no hurt done in all these actions . mr. pryn sent to search canterburies chamber and study , found the original scotch service book with his own hand-writing , the cause of all the scots wars . london to have been betrayed under a pretence of peace , by mr. waller , a member of parl. mr. tomkins , mr. challenor , but waller fined . l. and perpetuall banishment , tomkins and challenor hanged , the one at the exchange , and the other in holborn . sir io : hotham attempted the betraying of hull unto the queen . decemb. an order to demolish altars , to remove the communion table from the east end , and to take away all tapers , candlesticks , and basons , and to demolish all crucifixes , crosses , and all pictures and images of the trinity and virgin mary , both within and without all churches and chappels . a plot for betraying of lincoln by the two purfries , but preserved . gloucester admirably freed by the city regiments . a rebellion by the kentish malignants about tunbridge . a ship bound from denmark to the k. of about tun richly laden with arms and ammunition ; another ship bound from newcastle to holland , laden with sea coals , but in the midst thereof was found between or l. hid in the coals , sent to buy arms for the k. a third ship of tun , carrying peece of ordnance , taking by the parl. scotland with an army of at least horse and foot , invited by the parl. when they marched up to the middle in snow , and brought their artillery over the ice of the frozen river of tyne , and the citizens of london lent the parl. . l. for the scots first pay , to encourage their advance to help us against the k. forces . the queen pawning the jewels of the crown in holland , and therewith buying arms to assist the war against the parl. and her own actuall performances with her popish army in the north , was high treason , and transmitted to the lords . images , crucifixes , papistical books in somerset , and iameses were burnt , and five capuchin fryers sent away . may , an ordinance for the making of forts , trenches , about the city . iuly , the assembly of divines met , dr. twisse prolocutor , the total , the bishop of canterburies first prayer on the scaffold , jan. . . oeternal god , and merciful father , look down upon me in mercy , in the riches and fullnesse of all thy mercies look upon me , but not till thou hast nailed my sins to the crosse of christ : look upon me , but not till thou hast bathed me in the blood of christ , not till i have hid my self in the wounds of christ , that so the punishment that is due to my sins may passe away , and goe over me ; and since thou art pleased to try me to the uttermost , i humbly beseech thee , give me now in this great instant , full patience , proportionable comfort , a heart ready to dye for thine honour , and the k. happinesse , and this churches preservation ; and my zeale to these , far from arrogancy be it spoken , is all the sin , humane frailty excepted , and all incidents thereunto , which is yet known of me in this perticular , for which i now come to suffer . i say in this perticular of treason , but otherwise my sins are many and great , lord pardon them all , and those especially whatsoever they be , which have drawn this present judgment upon me , and when thou hast given me strength to bear it , then doe with me as seems best in thine owne eyes , and carry me through death , that i may look upon it in what vilage soever it shall appear to me ; and that there may be a stop of this issue of blood in this more then miserable kingdome ; i shall desire that i may pray for the people too , as well as for my self : o lord , i beseech thee give grace of repentance to all people that have a thirst for blood , but if they will not repent , then scatter their devices so , and such as are or shall be contrary to the glory of thy great name , the truth and sincerity of religion , the establishment of the k. and his posterity after him , in their just rights and priviledges , the honour and conservation of parl. in their ancient and just power , the preservation of this poor church in her truth , peace , and patrimony , and sr alexander caron , sr. iohn hotham , captin hotham & the arch bishop of canterbury , beheaded on tower-hill for treason against ye parliament . the settlement of this distracted and distressed people , under the ancient lawes , and in their native liberties ; and when thou hast done all this in mercy for them , o lord fill their hearts with thankfulnes , and with religious dutifull obedience to thee and thy commandements all their dayes : so amen , lord jesus , and i beseech thee to receive my soul to mercy . our father , &c. his last prayer on the scaffold . lord i am coming as fast as i can , i know i must pass through the shadow of death before i can come to see thee , but it is but umbra mortis , a meer shadow of death , a little darknesse upon nature , but thou by thy merits and passion hast broke through the jaws of death , so , lord receive my soul and have mercy on me , and blesse this kingdome with peace and plenty , and with brotherly love and charity , that there may not be this effusion of christian blood among them , for jesus christ his sake , if it be thy will . and when he said , lord receive my soul , which was his signe , the executioner did his office . a design to starve the city , by breaking into surrey , sussex , kent , but disappointed by sir wil : waller , and the city regiments . feb : the king granted a cessition of arms with the bloody rebels of ireland . march , a solemn league and covenant taken by the lords & commons , city of london , and all parts within the parl. power . nottingham town and castle to have been betrayed , but prevented by col. hutchinson . a ship from denmark of tuns laden for the most part with round-heads , being half pike-slaves , with a knob at the end , full of iron spikes , sent to the king , but that yeare the swedes fell into denmarke , and took half his countrey from him a plot against the city of london by sir basil brooke , col. read , mr. ripley , and mr. vil●● , two citizens of london , and others , but prevented . our army in cornwall preserved with the losse of our artillery . a peace pretended at vxbridge , and a petition from buckinghamshire , wherein sir iohn lawrence was a great stickler , but frustrated . melcomb regis to have been betrayed , col. goring and sir lewis dives were agents therein , the town and forts recovered , and two ships with rich prizes from rhoan in france were seized on to make amends for their trouble . the service-book voted down . earles and lords from oxford , submitted themselves to the parl. iune , . the famous victory of naisby over the kings forces , prisoners taken , a jewel of . l. sent to gen. leven by the parl. all the k. commissioners taken at shaftsbury . basing house taken and burnt . august , a plot in the west against the parl. by the clubmen . a sudden plot upon scotland by montrosse , but as suddenly recovered again by gen : david lesley . a treaty with the parl. for a well grounded peace , and yet at that time the earl of glamorgan had a commission to the ruine of all the protestants in ireland , and consequently in england also . the great seal broken before the lords and commons , on tuesday , the of august , . the king escapes out of oxford in a disguised maner ordered , that whosoever conceals the kings person , shal be a traytor . a letter concerning the kings coming to the scots army , may . . right honourable , the discharging our selves of the duty we owe to the kingdom of engl : to you as commissioners from the same , moves us to acquaint you with the kings coming in to our army this morning , which having overtaken us unexpectedly , hath filled us with amazement , and made us like men that dream ; we cannot think that he could have been so unadvised in his resolutions , as to have cast himself upon us , without a real intention to give satisfaction to both kingdoms , in all their just and reasonable demands , in all those things that concern religion and righteosnesse ; whatsoever be his dispositions or resolutions , you may be assured , that we shall never entertain any thought , or correspondency with any purpose , or countenance any indeavours that may in any circumstance incroach upon our league and covenant , or weaken the union or confidence betwixt the nations , that union to our kingdom was the matter of many prayers , and as nothing was more joyfull unto us then to have it set on foot , so hitherto have we thought nothing too dear to maintain it , and we trust to walk with such faithfulnesse and truth in this particular , that as we have the testimony of a good conscience within our selves , so you , and all the world shall see , that we mind your interest with as much integrity and care as our own , being confident you will entertain no other thought of us . signed , may . . lothian . a remonstrance exhibited in the name of the lord major , aldermen , and common-councel of the city of london , to the high court of parl. that some strict and speedy course may be taken for the suppressing of all private and separate congregations . that all anabaptists , brownists , hereticks , schismaticks , blasphemers , and all such sectaries as conform not to the publick discipline established , or to be established by the parl. may fully be declared against , and some effectuall course setled for proceeding against such persons . that as we are all subjects of one kingdome , so all may be equally required to yield obedience to the government either set or to be set forth . that no person disaffected to the presbyterian government set or to be set forth by the parl. may be imployed in any place of publick trust . the king gave speedy order to severall officers for the surrender of the towns , castles , and forts , which then were in the hands of the kings commanders , viz oxford , worcester , litchfield , and wallingford . a petition delivered to his excellency from the officers and souldiers in the army , touching their faithfullnesse in the parl. service , doing summer service in the winter season , &c. further presented severall desires of theirs . that an ordinance of indempnity with the royal assent be desired . that satisfaction may be given to the petitioners for their arrears , both in their former service , and in this army before it is disbanded . that those who have voluntarily served the parl. may not be prest to serve in another kingdome , &c. that those who have lost their lives , limbs , or estates , may be provided for , and relieved . the apology in answer to his excellencies letter , relating their sense of a second storm hanging over their heads , by the malice of a secret enemy , worse then the former now vanquished , expressing their sorrow that they cannot desire their own security without hazzard to his excellency , &c. concerning the abuse to divers well affected to the army , by imprisonment , to the ruine of their estates , and losse of their lives . and for their candid intentions and endeavours , declared no lesse then troublers and enemies to the state and kingdome , resolving rather to dye like men , then to be enflaved and hanged like dogs , &c. a letter from his excellency to the earl of manchester , concerning the votes of both houses , as also his grief of heart for the distractions between the parliam : and the army , defiring that all things may be determined in love , &c. june , . the king taken from holmby and carried along with the army , the house ordered that the king should reside at richmond , but the next day from the general and councel of officers , was brought an impeachment against eleven members . a particular charge against the members impeached by the army . that mr. denzil hollis being one of the special commission : for the parl. to present propositions to the king at oxford , made private addresses to the kings party then in arms against the parl. and did secretly plot and advise them against the parl. &c. that the said mr. denzil hollis , and sir phillip stapleton during the late war , when the earl of lindsey went from the tower to oxford , sent severall messages to the earl of dorset , &c. that the said mr. hollis , sir phillip stapleton , sir will. lewis , sir john clotworthy , sir wil : waller , sir john maynard , maj. gen. massie , mr. glyn , mr. long , col. edward harley , and anthony nicholas , in the months of march , april , may , and iune last , in prosecution of their evill designes , met in divers places with persons disaffected to the state , for holding correspondency wth the queen of england now in france , and incouraged her party there . and indeavoured to bring in forraign forces , and listed divers commanders and souldiers there , to raise and levy a new war . and affronted divers petitioners that came in a peaceable manner , boysterously assaulting them , &c. imprisoned some members of the army , to dis-oblige them from the parl. the solemn engagement of the citizens , commanders , officers , and souldiers , &c. this was the treasonable ingagement . we do solemnly engage our selves , and vow unto almighty god , that we will to the utmost of our power , cordially endeavour that his majesty may speedily come to his houses of parliament , with honour , safety , and freedome , and that without the nearer approach of the army , there to confirm , such things as he hath granted the twelfth of may last , in answer to the propositions of both kingdomes , and that with a personall treaty with his two houses of parl. and the commissioners of scotland , such things as are yet in difference may be speedily setled , and a firme and lasting peace established . the army marching towards the city , orders were given to the trained bands to go to the workes the auxilaries are raised to defend the city . a proclamation by beat of drum for all that are able to beare armes , and are not listed to come to receive them . the house of commons , and the lords likewise , met according to the order of adjournment , july . but nether of the speakers at length they proceeded to a new election , and voted master pelham a counsellour , and member of the commons house , speaker pro tempore . the lords made choice of the lord grey to be speaker of their house pro tempore . the sargeant at arms being absent with the mace when the commons chose their speaker , had the city mace , and chose master norfolk sergeant at arms . after which , proceeding to debate the greate affairs touching the city and kingdom , they voted as followes . that the king come to london . that the militia of the city shall have full power to raise what forces they shall think fit to the same . that they may make choyce of a commander in chief to be approved of by the house , and such commander to present other officers to be approved of by the militia . the common councel made choice of major gen. massey to command in chief all the city forces . ordered by the militia that all reformadoes and other officers should the next day at two of the clock be listed in st. iameses fields , where was a great appearance . order given for slaying of horses in the city , and many listed . most of the eleven members sat in the house , and in the afternoon maj. gen. massey , sir william waller , and col. gen. poyntz , were at listing the reformadoes . declaration of the lord major , aldermen , and common councel . a brief of which that his majesty was surprized at holmby , and no place for his majesties residence allowed by the army nearer then their quarters , therefore to settle peace , and establish true religion , ease the kingdomes burdens , establish his majesties just rights , maintain the parl. priviledges , and relieving ireland , they professe the main of their enterprise , &c. at which time col. gen. poyntzs and other officers of the new list , attending for their orders upon the militia , came into guild-hall-yard , and most cruelly hackt and hew'd many of the aforesaid petitioners , divers whereof were mortally wounded , whereof some since dyed . lord say , lord magresie , and others , with many of the house of commons , came to the head quarters , desiring the generals protection . six aldermen and twelve common-councel men sent with a letter to the gen : declaring their unwillingnesse to a new war . a letter from southwarke relating their withstanding the design of raising a new war , desiring protection . massey sends scouts , but neer brainford thirty chased by ten , and took four of massies . col. rainsborough , col. hewson , col. pride , and col thistlwet ; marched into southwarke , the fort yielded without opposition . the memberr forced away returne , the houses being sat with their old speakers , thomas lord fairfax made high constable of the tower . he marches through the city from untill at night . a letter from liev : gen : cromwel , that his majesty had withdrawn himselfe at the last night . his majesties last letter , hampton-court ; nov. . . liberty being that which in all times hath been ; but especially now is the condition , the aime and desire of all men , common reason shews that kings lesse then any should endure captivity , yet i call god to witnes with what patience i have endur'd a tedious restraint , which so long as i had any hopes that this sort of my suffering might conduce to the peace of these three kingdomes , or the hindring of more effusion of blood , i did willingly undergo , but now finding by too certain proofs , that this my continued patience would not only turn to my personall ruine , but likewise be of much more prejudice to the furtherance of the publick good , i thought i was bound as well by naturall as politicall obligations , to seek my safety , by retiring my selfe for some time from publick view both of my friends and enemies ; and i appeal to all indifferent men to judge , if i have not cause to free my selfe from the hands of those who change their principles with their condition , and who are not ashamed openly to intend the destruction of the nobility , by taking away their negative voyce , and with whom the levellers doctrine is rather countenanced then punished ; and as for their intentions to my person , their changing and putting more strict guards upon me , with the discharging most of all the servants of mine , who formerly they admitted to wait upon me , do sufficiently declare : nor would i have this my retirement mis-interpreted , for i shall earnestly and uncessantly endeavour the setling of a safe & well grounded peace , where-ever i am or shall be , and that ( as much as may be ) without the effusion of more christian blood , for which how many times have i prest to be heard , and yet no ear given to me ; and can any reasonable man think ( according to the ordinary cours of affairs ) there can be a setled peace without it , or that god will bles those that refuse to hear their own king ? surely no , i must further add that ( besides what concerns my self ) unlesse all other chief interests have not only a hearing , but likewise just satisfaction given to them ( to wit , the presbyterians , independents , army , those who have adhered to me , and even the scots ) i say there cannot ( i speak not of miracles , it being in my opinion a sinful presumption in such cases to expect or trust to them ) be a safe and lasting peace : now as i cannot deny but that my personal security is the urgent cause of this my retirement , so i take god to witnesse , the publick peace is no lesse before mine eyes , and i can find no better way to expresse this my profession ( i know not what a wiser man may do ) then by desiring and urging that al chief interests may be heard , to the end each may have just satisfaction ; as for example , the army ( for the rest , though necessary , yet i suppose are not difficult to consent ) ought ( in my judgement ) to enjoy the liberty of their conscience , and have an act of oblivion or indempnity ( which should extend to the rest of all my subjects ) and that all their arrears should be speedily and duly paid , which i will undertake to do , so i may be heard , and that i be not hindred from using such lawfull and honest means as i shall chuse : to conclude , let me be heard with freedome , hono●r , and safety , and i shall instantly break through this cloud of retirement , and shall shew my self to be pater patriae , c. r. a great tumult , insurrection , and mutiny in london , breaking open divers houses , and magazines of arms and ammunition , seizing on the d●●ms , gates , chains , and watches of the c●●y , assaulted & shot into the lord mayors house , and killed one of his guard , &c. may . . surrey petitioners came to westminster , and made a great shout , and cryed , hey for king charls , we will pull the members out by the ears , disarmed two sentinels , knockt them down , one sentinell refusing to be disarmed , the petitioners got within his arms , one of them drew his sword and run him through , and the petitioners drew their swords , and said , fall on for king charls now or never ; but a party of foot did take some : of the petitioners were slain four or five , of the souldiers two . the old lord goring proclaimed generall at the head of the kentish army , upon the hill neer aluford , consisting of besides those in maidstone , there were near slain , and about prisoners , many of them taken in the woods , hop-yards , and fields , also gentlemen of good quality . there were about horse , arms , foot colours , and pieces of canon , with store of ammunition taken ; their word at the engagement was king and kent , ours truth . they being routed marched over rochester bridge , towards black-heath , with about horse and foot , most cavaleers , prentises and watermen , and fled over the water into essex , by woollidge and greenwich . the duke of buckingham , lord francis , earl of holland , lord andrew , lord cambden , and others , rose in surrey , and made proclamation that they expected the parl. would settle the kingdome , but because they have not , they would fetch the king , and live and dye with him to settle it . july . . pembroke castle surrendred . 〈◊〉 scots army of . invaded england duke ●ambletons standard had motto date cefari , foot standard 〈◊〉 covenant , religion , king and kingdomes ; riseing in kent , revolting of the navie , redusing colchester ; and quelling the insurection in pembroke shire all in : the scots entring the kingdome , july . . maj. gen. lambert sent this letter to duke hamilton . my lord , having received information that some forces of horse and foot are marched out of scotland into this kingdome under your excellencies command , i have sent this bearer unto you , desiring to know the truth and intent thereof , and whether they are come in opposition to the forces in these parts raised by the authority of the parl. of england , and now in prosecution of their commands . i desire your lordships speedy answer , and rest your excellencies humble servant . j. lambert . duke hamilton's answer . noble sir , i received yours of the of this instant , in answer whereunto i shall only say , the information you received is true , for according to the commands of the committee of estates of the parl. of scotland , there are forces both of horse and foot come into this kingdome under my conduct , for prosecution of the ends mentioned in my letter of the th , to which i refer you , intending to oppose any that are or shall be in arms for the obstructing of those pious , loyall , and just ends , and so remain , hambleton . the towne of colchester delivered up , sir charles lucas , and sir george lisle shot to death . liev : col : lilburn revolted at newcastle , declared for the king , sir arthur hasterigge storm'd the castle , lilburns head was set upon a pole . june . . the lord of warwick went to portsmouth , to bring into obedience the mutinous sea-men ; there was with the lord of warwick , the phoenix , mary , rese , robert , nonesuch , lilly , lyon , bonadventure , antilope , swift sure , hector , and fellowship . a short abridgment of the engagement made by the common councell , commanders , souldiers , and commission officers in london . we declare to engage as much as in us lies , to defend the king and parl : from all violence , and to the end we may be inabled to perform the same , we humbly offer , that the forces in the line may be one militia , and no forces may be raised , but by authority of the said militia , by consent of the common councell . we desire no forces in arms might come within thirty miles of london , during the treaty , and for those within , what persons soever shall make any tumult , shall be put to death . ordered , that the common councell men and commanders shall within their severall precincts goe from house to house , to receive concurrence to the said ingagement . decemb. , the house having notice of the kings carrying to hurst castle , voted , that the seizing his person was without their advice or consent . dec. . the house voted , that his majesties concessions to their proposals , was ground sufficient to settle the peace of the kingdome . dec. . col. rich , and col. prides regiment guarded the parl. and seized some members . dec. . maj. gen. brown sheriff of london , was apprehended . dec. . the house voted , that the lords and commons declare they will make no further addresses to the king , nor none , shall be by any person whatsoever , without leave of the parl. and if any make breach of this order , they shal incur the penalty of high treason , and that they will receive no more any message from the king , to both or either houses of parl. an ordinance sent to the lords for the tryall of the king , but they rejected the commission , and adjourned eight dayes , after that they never sate more . serjeant dendy , serjeant at arms to the commissioners , rode into westminster-hall , with the mace belonging to the house of commons on his shoulder , and some officers attending him all bare , and six trumpeters on horsback , a guard of horse and foot attending in the pallace yard and proclamation was made , all that had any thing for matter of fact against charls stuart , king of england , to bring it in to the commissioners . jan : . . that this present seale of england should be broken in pieces , and a new one forthwith made , and ordered that the arms of england and ireland should be ingraven on the one side , and on the other side a map of the parl. with these words in it , the first yeer of freedome by gods blessing restored , . the charge of the commons of england , against charls stuart king of england . that the said charls stuart being admitted king of england , and therein trusted with a limited power , to govern by and according to the lawes of the land , and not otherwise ; and by his truth , oath , and office , being obliged to use the power committed to him , for the good and benefit of the people , and for the preservation of their rights and liberties , yet neverthelesse out of a wicked design to erect and uphold in himselfe an unlimited and tyrannicall power , to rule according to his will , and to overthrow the rights and liberties of the people ; yea , to take away and make void the foundations thereof , and of all redresse and remedy of mis government , wch by the fundamentall constitutions of this kingdome , were reserved on the peoples behalfe , in the right and power of frequent and successive parl. or nationall meetings in councels ; he , the said charls stuart , for the accomplishment of such his designs , and for the protecting of himselfe and his adherents , in his and their wicked practices to the same ends , hath trayterously and maliciously levyed war against the present parl. and the people therein represented . particularly , upon or about the of june , in the year . at beverley in the county of yorke , and about the of july in the yeer aforesaid , in the county of the city of york ; and upon the of august , at nottingham , where he set up his standard of war ; and also about the of october , in the same year at edge-hill , and keintonfield , in the county of warwick ; and neer the of nov. in the same yeer , at brainford in the county of middlesex ; and neer the of aug. at cavesham bridge neer redding , in the county of berks ; and neer the of octob. in the same yeer , neer the city of gloucester ; and about the of nov. the same yeer , at newbury in the county of ber. and about july . . at cropredy bridge in the county of oxen. and sept. . the same yeer , at bodmin , and other places in the county of cornwall ; and nov. . the same yeer , at newbery ; and about june . . at leicester ; and the . at naseby field . at which severall times and places , or most of them , and at many other places in this land , at severall other times within the years afore-mentioned . and in the year . he the said charls stuart hath caused and procured many thousands of the free people of the nation to be slain , and by diversions , parties , and insurrections within this land , by invasions from forreign parts , endeavoured and procured by him , and by many other evill wayes and means , he the said charls stuart hath not only maintained and carried on the said war , both by land and sea , during the yeers before mentioned , but also hath renewed , or caused to be renewed the said war against the parl. and good people of this nation , in this present yeer , . in the counties of kent , essex , surrey , sussex , middlesex , and many other counties and places in england and wales , and also by sea ; and particularly , he the said charls stuart hath for that purpose given commission to his son the prince , and others , whereby , besides multitudes of other persons , many such as were by the parl. intrusted and imployed for the nation , being by him or his agents corrupted to the betraying of their trust , and revolting from the parl. have had entertainment and commission for the continuing and renewing of war and hostility against the said parl. and people as aforesaid . by which cruell and unnaturall wars by him the said charls stuart , continued and renewed as aforesaid , much innocent blood of the free people of this nation , hath been spilt , many families have been undone , the publick treasury wasted and exhausted , trade obstructed and miserably decayed , vast expence and damage to the nation incurred , and many parts of the land spoiled , some of them even to desolation . and for farther prosecution of his said evill designes , he , the said charls stuart doth still continue his commission to the said prince , and other rebels and revolters , both english and forreigners , and to the earl of ormond , and to the irish rebels and revolters associated with him , from whom further invasions are threatned , upon the procurement , and on the behalfe of the said charls stuart . all which wicked designs , wars , and evill practices of him the said charls stuart , have been and are carried on , for the advancing and upholding of the personall interest of will and power , and pretended prerogative to himselfe and his family , against the publick interest , common right , liberty , justice , and peace of the people of this nation , by and for whom he was entrusted as aforesaid . by all which it appeareth that he the said charls stuart , hath been and is the occasioner , author , and contriver of the said unnaturall , cruell , and bloody wars , and therein guilty of all the treasons , murthers , rapines , burnings , desolations , damage , and mischiefe to this nation , acted or committed in the said wars , or occasioned thereby . and the said john cooke , by protestation ( save on the behalf of the people of england , the liberty of exhibiting at any time hereafter , any other charge against the said charls stuart , and also of replying to the answers which the said charls stuart shall make to the premisses , or any charge that shall be so exhibited ) doth , for the said treasons and crimes on the behalfe of the said people of engl : impeach the said charls stuart , as a tyrant , traytor , murtherer , and a publick and implacable enemy to the common-wealth of england , and pray , that the said charls stuart king of england , may be put to answer all and every the premisses , that such proceedings , examinations , tryals , sentence , and judgement , may be thereupon had , as shall be agreeable to justice . the kings speech made upon the scaffold at white-hall , jan. . . i shall be very little heard of any body here , i shall therefore speak a word unto you here ; indeed i could hold my peace very well , if i did not think that holding my peace would make som men think that i did submit to the guilt as well as to the punishment ; but i think it is my duty to god first , and to my countrey , for to clear my self both as an honest man , and a good christian . i shall begin first with my innocency , in troth , i think it not very needfull for me to insist long upon this , for all the world knowes i never did begin a war with the two houses of parliament , and i call god to witnesse , to whom i must shortly make an account , that i never did intend for to incroach upon their priviledges , they began upon me , it was the militia they began upon , they confest that the militia was mine , but they thought it fit for to have it from me ; and to be short , if any body will look to the dates of commissions , both theirs and mine and likewise to the declarations , will see cleerly that they began these unhappy troubles , not i , so that as for the guilt of these enormous crimes that are laid against me , i hope in god that god will clear me of it , i will not , i am in charity ; god forbid that i should lay it upon the two houses of parl. there is no necessity of either , i hope they are free of this guilt ; for i doe beleeve that ill instruments between them and me , ha's been the cause of all this bloodshed ; so that by way of speaking , as i find my selfe clear of this , i hope ( and pray god ) that they may too : yet for all this , god forbid that i should be so ill a christian , as not to say that gods judgements are just , upon me , many times he does pay justice by an unjust sentence , that is ordinary ; i will onely say this . that an unjust sentence that i suffered to take effect , is punished now by an unjust sentence upon me ; that is , so far i have said , to shew you that i am an innocent man . now for to shew you that i am a good christian , i hope there is a good man ( pointing to dr juckson ) that will bear me witnesse that i have forgiven all the world , and those in particular that have been the chief causers of my death , who they are god knowes , i doe not desire to know , i pray god forgive them . but this is not all , my charity must goe further , i wish that they may repent , for indeed they have committed a great sin in that particular , i pray god with saint stephen , that this be not laid to their charge ; nay , not onely so , but that they may take the right way to the peace of the kingdome : so ( sirs ) i doe wish with all my soule , and i doe hope ( there is some here will carry it further ) that they may endeavour the peace of the kingdome . now ( sirs ) i must shew you how you are out of the way , and will put you in a way ; first , you are out of the way , for certainly all the way you ever have had yet as i could find by any thing , is in the way of conquest , certainly this is in an ill way , for conquest ( sir ) in my opinion is never just , except there be a good just cause , either for matter of wrong , or just title , and then if you goe beyond it , that makes it unjust at the end that was just at first : but if it be onely matter of conquest , then it is a great robbery , as a pirate said to alexander , that he was the great robber , he was but a petty robber ; and so , sirs , i doe think the way you are in , is much out of the way . now sir , for to put you in the way , believe it , you will never doe right , nor god will never prosper you , untill you give god his due , the king his due , ( that is , my successors ) and the people their due , i am as much for them as any of you : you must give god his due , by regulating rightly his church ( according to his scriptures ) which is now out of order , for to set you in a way particularly now i cannot , but onely this , a nationall synod freely called , freely debating among themselves , must settle this ; when that every opinion is freely and cleerly heard . for the king indeed i will not , the lawes of the land will cleerly instruct you for that ; therefore , because it concernes my owne particular , i only give you a touch of it . for the people , and truly i desire their liberty and freedome as much as any body whomsoever ; but i must tell you , that their liberty and their freedome consists in having of government ; those lawes , by which their life and their goods may be most their owne . it is not for having share in government ( sir ) that is nothing pertaining to them , a subject and a soveraign are clean different things , and therefore until they doe that , i mean , that you doe put the people in that liberty as i say , certainly they will never enjoy themselves . sirs , it was for this that now i am come here : if i would have given way to an arbitrary way , for to have all lawes changed according to the power of the sword , i needed not to have come here ; and therefore i tell you ( and i pray god it be not laid to your charge ) that i am the martyr of the people . in troth sirs , i shall not trouble you much longer ; for i will onely say this to you , that in truth , i could have desired some little time longer , because that i would have put this that i have said in a little more order , and a little better digested then i have done , and therefore i hope you will excuse me . i have delivered my conscience , i pray god , that you do take those courses that are best for the good of the kingdom , and your own salvation . the biship of london minding him to say somthing concerning his religion . king . i thank you very heartily ( my lord ) for that , i had almost forgotten it . in troth sirs , my conscience in religion , i think , is very well known to all the world , and therefore i declare before you all , that i die a christian , according to the profession of the church of england , as i found it left me by my father , and this honest man i thinke will witnesse it . then turning to the officers , said , sirr , excuse me for this same , i have a good cause , and i have a gracious god , i will say no more . then turning to col. hacker , he said , take care that they doe not put me to paine , and sir , this and it please you . but then a gentleman coming neer the ax , the king said , take heed of the ax , pray take heed of the ax. then the king speaking to the executioner , said , i shall say but very short prayers , and when i thrust out my hands — then the king called to dr iuxon for his night cap , and having put it on , he said to the executioner , does my haire trouble you , who desired him to put it all under his cap , which the king did accordingly , by the help of the executioner and the bishop , then the king turning to dr juxon , said , i have a good cause , and a gracious god on my side . dr jaxon , there is but one stage more , this stage is turbulent and troublesome , it is a short one , but you may consider it will soone carry you a very great way , from earth to heaven , and there you shall find a great deale of cordiall joy and comfort . king . i goe from a corruptible to an incorruptible crown , where no disturbanc can be doct. you are exchanged from a temporall to an eternall crown , a good exchange . then the king took off his cloak and his george , giving his george to dr. juckson , saying remember , 't is thought for the prince , and some other small ceremonies past , after which , the king stooping down , laid his neck upon the blocke , after a very little pause , stretched forth his hands , the executioner at one blow severed his head from his body , his body was put in a coffin covered with black velvet , and removed to his lodging chamber at white-hall . an act prohibiting the proclaiming of any person to be king of england , &c. vvhereas charls stuart king of england , being for the notorious treasons , tyrannies , and murthers , committed by him in the late unnaturall and civill wars condemned to death , whereupon , after execution of the same , severall pretences may be made , and title set on foote unto the kingly office , to the apparent hazzard of the publick peace . for the prevention thereof , be it enacted and ordained by this present parliament , and by the authority of the same , that no person or persons whatsoever doe presume to proclaime , declare , publish , or any way promote charls stuart , son of the said charls , commonly called prince of wales , or any other person to be king or chief magistrate of england or of ireland , or of any the dominions belonging to them , or any of them , by colour of inheritance , succession , election , or any other claim whatsoever , without the free consent of the people in parliam : first had , and signified by a particular act or ordinance for that purpose , any law , statute , vsage , or custome to the contrary notwithstanding . and be it further enacted and ordained , and it is hereby enacted and ordained , that whosoever shall contrary to this act , proclaim , declare , publish , or any way promote the said charls-stuart the son , or any other person to be king , or chief magistrate of england , or of ireland , or of any the dominions belonging to them , or to either of them , without the said consent in parliament , signified as aforesaid , shall be deemed and adjudged a traytor to the common-wealth , and shall suffer the pains of death , and such other punishments as belong to the crime of high treason . and all officers , as well civill as military , and all other well-affected persons , are hereby authorized and required forthwith to apprehend all such offenders , and to bring them in safe custody to the next justice of the peace , that they be proceeded against accordingly . h. scobel , cler. parl. d. com. dk. hambleton , e : of cambridg , e : of holland , and lord capell be headed mar : . and their speeches on the scaffold the speech of duke hamilton earl of cambridge , on the scaffold in the pallace yard , the ninth of march , . i think it is truly not very necessary for me to speak much , there are many gentlemen and souldiers there that see me , but my voyce truly is so weak , so low , that they cannot hear me , neither truly was i ever at any time so much in love with speaking , or with any thing i had to expresse , that i took delight in it ; yet this being the last time that i am to doe so , by a divine providence of almighty god , who hath brought me to this end justly for my sins ; i shall to you , sir , master sheriff , declare thus much , as to the matter that i am now to suffer for , which is as being a traytor to the kingdome of england : truly sir , it was a countrey that i equally loved with my owne , i made no difference , i never intended either the generality of its prejudice , or any particular mans in it ; what i did was by the command of the parliament of the countrey where i was borne , whose command i could not disobey , without running into the same hazard there , of that condition that i now am in . it pleased god so to dispose that army under my command , as it was ruined ; and i , as their generall , cloathed with a commission , stand here , now ready to dye ; i shall not trouble you , with repeating of my plea , what i said in my owne defence at the court of justice , my self being satisfied with the command that is laid upon me , and they satisfied with the justnesse of their procedure according to the lawes of this land . god is just , and howsoever i shall not say any thing as to the matter of the sentence , but that i doe willingly submit to his divine providence , and acknowledge that very many wayes i deserve even a worldly punishment , as well as hereafter , for we are all sinfull , sir , and i a great one ; yet for my comfort , i know there is a god in heaven that is exceeding mercifull , i know my redeemer fits at his right hand , and am confident ( clapping his hand on his brest ) is mediating for me at this instant , i am hopefull thro his free grace , and all-sufficient merits , to be pardoned of my sins , and to be received into his mercy , upon that i rely , trusting to nothing but the free grace of god through jesus christ : i have not been tainted in my religion i thank god for it , since my infancy , it hath been such as hath been profest in the land , and established , and now it is not this religion or that religion , nor this or that fancy of men that is to be built upon , it is but one that 's right , one that 's sure , and that comes from god , sir , and in the free grace of our saviour . sir , there is truly somewhat that ( he then observing the writers ) had i thought my speech would have been thus taken , i would have digested it into some better method then now i can , and shall desire these gentlemen that doe write it , that they will not wrong me in it , and that it may not in this manner be published to my disadvantage , for truly i did not intend to have spoken thus when i came here . there are , sirs , terrible aspersions that have been laid upon my self , truly such , as i thank god , i am very free from ; as if my actions & intentions had not been such as they were pretended for , but that notwithstanding what i pretended it was for the king , there was nothing lesse intended then to serve him in it . i was bred with him for many years ; i was his domestick servant , and there was nothing declar'd by the parl. that was not really intended by me ; and truly , in it i ventured my life one way , and now i lose it another way : and that was one of the ends , as to the king ; i speak only of that , because the rest ha's many particulars ; and to clear my self from so horrid an aspersion as is laid upon me : neither was there any other designe known to me by the incoming of that army , then what is really in the declaration published . his person , i doe professe , i had reason to love as he was my king , and as he had been my master : it hath pleased god now to dispose of him , so as it cannot be thought fl●ttery to have said this , or any end in me for the saying of it , but to free my self from that calumny which lay upon me : i cannot gain by it , yet truth is that which we shall gain by for ever . there hath been much spoken , sir , of an invitation into this kingdome , it 's mentioned in that declaration , and truly to that i did and doe remit my self : and i have been very much laboured for discoveries of these inviters ; 't is no time to dissemble , how willing i was to have served this nation in any thing that was in my power , is known to very many honest , pious , and religious men , and how ready i would have been to have done what i could to have served them , if it had pleased them to have preserved my life , in whose whose hands there was a power : they have not thought it fit , and so i am become unusefull in that which willingly i would have done . as i said at first ( sir ) so i say now concerning that point , i wish the kingdome happinesse , i wish it peace , and truly sir , i wish that this blood of mine may be the last that is drawn : and howsoever i may perhaps have some reluctancy with my self , as to the matter of my suffering , for my fact , yet i freely forgive all , sir , i carry no rancour along with me to my grave , his will be done that ha's created both heaven and earth , and me a poor miserable sinfull creature now speaking before him . for me to speak , sir , to you of state businesse , and the government of the kingdom , or my opinion in that , or for any thing in that nature , truly it is to no end , it contributes nothing : my owne inclination hath been to peace , from the beginning , and it is known to many , that i never was an ill instrument betwixt the king and his people ; i never acted to the prejudice of the parl. i bore no arms , i medled not with it , i was not wanting by my prayers to god almighty for the happinesse of the king ; and truly i shall pray still , that god may so direct him , as that may be done wch shall tend to his glory , and the peace and happinesse of the kingdome for my religion , that which i said was the established religion , and that which i have practiced in my own kingdome where i was born and bred ; my tenets they need not to be exprest , they are known to all and i am not of a rigid opinion ; many godly men there are that may have scruples which doe not concerne me at all at no time ; they may differ in opinions , and more now then at any time ; differing in opinion does not move me ( not any mans ) my owne is clear : sir , the lord forgive me my sins , and i forgive freely all those that even i might as a worldly man , have the greatest animosity against ; we are bidden to forgive , sir 't is a command laid upon us ( and there mentioned ) forgive us our trespasses , as we forgive them that trespasse against us . then the earl turning to the executioner , said , shall i put on another cap ? must this haire be turn'd up from my neck ? there are three of my servants to give satisfaction ; he also asked him which way he would have him lye . the executioner pointing to the front of the scaffold , the earl replyed , what , my head this way ? after a little discourse in private with some of his servants , he kneeled downe by the side of the scaffold and prayed a while to himselfe . then with a chearfull and smiling countenance ( embracing dr. sibbalds ) he said , truly sir i doe take you in mine arms , and truly , i blesse god for it , i doe not fear , i have an assurance that is grounded here ( laying his hand upon his heart ) now that gives me more true joy then ever i had . i passe out of a miserable world , to go into an eternall and glorious kingdome ; and sir , though i have been a most sinfull creature , yet gods mercy i know is infinite , and i bless my god for it , i goe with so clear a conscience that i know not the man i have personally injured . then imbracing those his servants which were there present , said to each of them , you have been very faithfull to me , and the lord blesse you . and so turning himselfe to the executioner , he said , i shall say a very short prayer unto my god , while i lye downe there , and when i stretch out my hand ( my right hand ) then sir , doe your duty , and i doe freely forgive you , and so i doe all the world . then the earl of cambridge said to the executioner , must i lye all along , he answered , yes , and 't please your lordship . then he said , when i stretch out my hands — but i will fit my head , first tell me if i be right , and how you would have me lye , and being told he must lye a little lower , he said , well , stay then till i give you the signe . and so having laine a short space devoutly praying to himselfe , he stretcht out his right hand , whereupon the executioner at one blow severed his head from his body , which was received by two of his servants then kneeling by him , into a crimson taffety scarfe , and that with the body immediately put into a coffin brought upon the scaffold for that purpose , and from thence conveyed to the house that was sir john hamilton's at the mews . the speech of the earl of holland upon the scaffold . it is to no purpose ( i think ) to speak any thing here , which way must i speak ? and then being directed to the front of the scaffold , he ( leaning over the raile ) said , i think it is fit to say something , since god hath called me to this place . the first thing which i must professe , is , what concerns my religion and my breeding , which hath been in a good family , that hath been ever faithfull to the true protestant religion , in the which i have been bred , in the which i have lived , and in the which by gods grace and mercy i shall dye . i have not lived according to that education i had in that family where i was borne and bred : i hope god will forgive me my sins , since i conceive that it is very much his pleasure to bring me to this place for the sins that i have committed . the cause that hath brought me hither , i believe by many hath been much mistaken , they have conceived that i have had ill designs to the state , and to the kingdome , truly i look upon it as a judgement , and a just judgement of god ; not but i have offended so much the state and the kingdome , and the parliament , as that i have had an extream vanity in serving them very extraordinarily . for those actions that i have done , i think it is knowne they have been ever faithfull to the publick , and very particularly to parliam : my affections have been ever exprest truly and cleerly to them . the dispositions of affaires now have put things in another posture then they were when i was ingaged with the parl. i have never gone off from those principles that ever i have profest , i have lived in them , and by gods grace will i dye in them . there may be alterations and changes that may carry them further then i thought reasonable , and there i left them : but there hath been nothing that i have said or done , or professed either by covenant or declaration , which hath not been very constant , and very clear upon the principles that i ever have gone upon , which was to serve the king , the parl. religion ( i should have said in the first place ) the common-wealth , and to seeke the peace of the kingdome . that made me think it no improper time , being prest out by accidents and circumstances , to seek the peace of the kingdom , which i thought was proper , since there was something then in agitation , but nothing agreed on for sending propositions to the king , that was the furthest aime that i had , and truly beyond that i had no intention , none at all . and god be praised , although my blood comes to be shed here , there was i think scarcely a drop of blood shed in that action that i was ingaged in . for the present affaires , as they are i cannot tell how to judge of them , and truly they are in such a condition , as ( i conceive ) no body can make a judgment of them : and therefore i must make use of my prayers , rather then of my opinion , which are , that god would blesse this kingdome , this nation , this state , that he would settle it in a way agreeable to what this kingdom hath been happily governed under ; by a king , by the lords , by the commons , a government that ( i conceive ) it hath flourished much under , and i pray god the change of it bring not rather a prejudice , a disorder , and a confusion , then the contrary . i look upon the posterity of the king , and truly my conscience directs me to it , to desire , that if god be pleased that these people may look upon them with that affection that they owe , that they may be called in again , and they may be , not through blood , nor through disorder , admitted againe into that power , and to that glory that god hath in their birth intended to them . i shall pray with all my soul for the happinesse of this state , of this nation , that the blood which is here spilt , may be even the last which may fall amongst us , and truly i should lay down my life with as much cheerfulnesse as ever person did , if i conceived that there would no more blood follow us ; for a state , or affairs that are built upon blood , is a foundation for the most part that doth not prosper . after the blessing that i give to the nation , to the kingdome , and truly to the parliament , i doe wish with all my heart , happinesse , and a blessing to all those that have been authors in this business , and truly that have been authors in this very work that bringeth us hither : i doe not only forgive them , but i pray heartily and really for them ; as god will forgive my sins , so i desire god may forgive them . i have a particular relation , as i am chancellor of cambridge and truly i must here , since it is the last of my prayers , pray to god that that university may goe on in that happy way which it is in , that god may make it a nursery to plant those persons that may be distributed to the kingdome , that the soules of the people may receive a great benefit and a great advantage by them ; and ( i hope ) god will reward them for their kindnesse , and their affections that i have found from them . ( looking towards mr. bolton . ) i have said what religion i have been breed in , what religion i have been born in , what religion i have practiced , i began with it and i must end with it . i told you that my actions and my life have not been agreeable to my breeding , i have told you likewise that the family where i was bred , hath been an exemplary family ( i may say so i hope without vanity ) of much affection to religion , and of much faithfullnesse to this kingdome , and to this state . i have endeavoured to doe those actions that have become an honest man , and which became a good english-man , and which became a good christian . i have been willing to oblige those that have been in trouble , those that have been in persecution , and truly i finde a great reward of it , for i have found their prayers and their kindnesse now in this distresse , and in this condition i am in , and i think it a great reward , and i pray god reward them for it . i am a great sinner , and i hope god will be pleased to hear my prayers , to give me faith to trust in him , that as he hath called me to death at this place , hee will make it but a passage to an eternall life through jesus christ , which i trust to , which i relye upon , and which i expect by the mercy of god . and so i pray god blesse you all , and send that you may see this to be the last execution , and the last blood that is likely to be spilt among you . and then turning to the side raile , he prayed for a good space of time . god hath given me ( speaking to mr. bolton ) long time in this world , he hath carried me through many great accidents of fortune , he hath at last brought me downe into a condition , where i find my selfe brought to an end , for a dis-affection to this state , to this parl. that ( as i said before ) i did believe no body in the world more unlikely to have expected to suffer for that cause . i look upon it as a great judgement of god for my sins . and truly sir , since that the death is violent ; i am the lesse troubled with it , because of those violent deaths that i have seen before : principally my saviour that hath shewed us the way , how and in what manner he hath done it , and for what cause , i am the more comforted , i am the more rejoyced . it is not long since the king my master passed in the same manner , and truly i hope that his purposes and intentions were such , as a man may not be ashamed not onely to follow him in the way that was taken with him , but likewise not ashamed of his purposes , if god had given him life . i have often dispu●ed with him concerning many things of this kind , and i conceive his sufferings , and his better knowledge and better understanding ( if god had spared him life ) might have made him a prince very happy towards himselfe , and very happy towards this kingdome . i have seen and known , that those blessed souls in heaven , have passed thither by the gate of sorrow , and many by the gate of violence : and since it is gods pleasure to dispose me this way , i submit my soule to him , with all comfort , and with all hope , that he hath made this my end , and this my conclusision , that though i be low in death , yet neverthelesse this , lownesse shall raise me to the highest glory for ever . truly , i have not said much in publick to the people concerning the particular actions that i conceive i have done by my counsels in this kingdome , i conceive they are well known , it were somthing of vanity ( me thinks ) to take notice of them here , i 'le rather dye with them , with the comfort of them in mine own bosome ; and that i never intended in this action , or any action that ever i did in my life , either malice , or bloodshed , or prejudice to any creature that lives . for that which concerns my religion , i made my profession before of it , how i was bred , and in what manner i was bred , in a family that was looked upon to be no little notorious in opposition to some liberties , that they conceived , then to be taken ; and truly there was some mark upon me , as if i had some taint of it , even throout the whole wayes that i have taken : every body knows what my affections have been to many that have suffered , to many that have been in troubles in this kingdome , i endeavoured to oblige them , i thought i was tyed so by my conscience , i thought it by my charity , and truly very much my breeding ; god hath now brought me to the last instant of my time , all that i can say , and all that i can adhere unto is this , that as i am a great sinner , so i have a great saviour , that as he hath given me here a fortune to come publickly in a shew of shame in the way of this suffering , ( truly i understand it not to be so ) i understand it to be a glory , a glory , when i consider who hath gone before me , and a glory when i consider i had no end in it but what i conceive to be the service of god , the king , and the kingdom , and therefore my heart is not charged much with any thing in that particular , since i conceive god will accept of the intention , whatsoever the action seem to be . i am going to dye , and the lord receive my soul , i have no reliance but upon christ for my self , i do acknowledge that i am the unworthiest of sinners , my life hath been a vanity , and a continued sin , and god may justly bring me to this end , for the sins i have committed against him , and were there nothing else but the iniquities that i have committed in the way of my life , i look upon this as a great justice of god to bring me to this suffering , and those hands that have been most active in it , i pray god forgive them , and that there may not be many such trophies of their victory . i might say somthing of our tryal , which i think hath been extraordinary , but because i would not seem as if i made some complaint , i will not so much as mention it , because no body shall believe i repine at their actions , or my owne fortune ; it is the will of god , it is the hand of god under whom i fall , i take it intirely from him , i submit my self to him , i shall desire to roule my selfe into the arms of my blessed saviour . and when i come to this place ( pointing to the block ) when i bowe downe my selfe there , i hope god will raise me up , and when i bid farewell , as i must now to hope and to faith , that love will abide , i know nothing to accompany the soule out of this world but love , and i hope that love will bring me to the fountaine of glory in heaven , through the arms , mediation , and the mercy of my saviour jesus christ , in whom i believe , o lord help my unbelief . i shall make as much hast as i can to come to that glory , and the lord of heaven and earth take my soule : i look upon my selfe intirely in him , and hope to find mercy through him , i expect it , and through that fountaine that is opened for sin , and for uncleannesse , my soule must receive it , for did i rest in any thing else , i have nothing but sin and corruption in me ; i have nothing but that , which instead of being carried up into the arms of god and glory , i have nothing but may throw me downe into hell . and here is the place where i lye downe before him , from whence i hope he will raise me to an eternall glory through my saviour , upon whom i rely , from whom only i can expect mercy : into his arms i commend my spirit , into his bleeding arms , that when i leave this bleeding body that must lye upon this place , he will receive that soule that ariseth out of it , and receive it into his eternall mercy , through the merits , through the worthinesse , through the mediation of christ that hath purchased it with his owne most precious blood . christ jesus receive my soule , my soule hungers and thirsts after him , clouds are gathering , and ●●●ust in god through all my heavinesse : and i hope through all impediments , he will settle my interest in him , and throw off all the claim that sathan can make unto it , and that he will carry the soul in despight of all the calumnies , and all that the devill and satan can invent , will carry it into eternall mercy , there to receive the blessednesse of his presence to all eternity . that lamb of god , into his hands i commit my soul ; and that lamb of god that sits upon the throne to judge those that fall down before him , i hope he will be pleased to look downward , and judge me with mercy that fall down before him , and that worship him , and that adore him , that only trusts upon his mercy for his compassion , and that as he hath purchased me , he would lay his claim unto me now , and receive me . indeed if christ justifie , no body can condemn , and i trust in god , in his justification , though there is confusion here without us , and though there are wonders and staring that now disquiet us , yet i trust that i shall be carried into that mercy , that god will receive my soule . then the earl of holland looking over among the people , pointing to a souldier , said , this honest man took me prisoner , you little thought i should have been brought to this , when i delivered my self to you upon conditions ; and espying capt. watson on horse back putting off his hat said to him , god be with you sir , god reward you sir . here must now be my anchor , a great storm makes me find my anchor , and but in stormes no body trust to their anchor , and therefore i must trust upon my anchor ( upon that god , said mr bolton , upon whom your anchor trusts ) yea , god , i hope , will anchor my soule fast upon christ jesus : and if i dye not with that clearnesse and heartinesse that you speak of , truly , i will trust in god though he kill me , i will relye upon him , and the mercy of my saviour . then the earl of holland imbraced liev : col : beecher , and tooke his leave of him : after which , he came to mr bolton , and having imbraced him , and returned him many thanks for his great paines and affections to his soule , desiring god to reward him , and returne his love into his bosome , mr bolton said to him , the lord god support you , and be seen in this great extremity , the lord reveale and discover himselfe to you , and make your death the passage unto eternall life . then the earl turning to the executioner , said , here my friend , let my cloaths and my body alone , there is ten pounds for thee , that is better then try cloaths , i am sure of it . execut. will your lordship please to give me a signe when i shall strike ? and his lordship said , you have room enough here , have you not ? execut. yes . then the earl of holland turning to the executioner , said , friend , doe you hear me , if you take up my head , doe not take off my cap. then turning to his servants , be said to one , fare you well , thou art an honest fellow , and to another , god be with thee , thou art an honest man , and then said , stay , i will kneel down and aske god forgivenesse , and then prayed for a pretty space with seeming earnestnesse . then speaking to the executioner , he said , which is the way of lying ? ( which they shewed him ) and then going to the front of the scaffold , he said to the people , god blesse you all , and god deliver you from any such act as may bring you to any such death as is violent , either by war or by these accidents , but that there may be peace among you , and you may find that these accidents that have hapned to us , may be the last that may happen in this kingdome ; it is that i desire , it is that i beg of god , next the saving of my soule ; i pray god give all happinesse to this kingdom , to this people , and this nation : and then turning to the executioner , said , how must i lye ? i know not . execut. lye down flat upon your belly : and then having laid himselfe down , he said , must i lye closer ? execut. yes . and backwarder . i will tell you when you shall strike , and then as he lay seemed to pray with much affection for a short space , and then lifting up his head , said , where is the man ? and seeing the executioner by him , he said , stay while i give the signe , and presently after stretching out his hand , and the executioner being not fully ready , he said , now , now , and just as the words were coming out of his mouth , the executioner at one blow severed his head from his body . the speech of the lord capel upon the scaffold . the conclusion that i made with those that sent me hither , and are the cause of this violent death of mine , shall be the beginning of what i shall say to you : when i made an address to them , ( which was the last ) i told them with much sincerity , that i would pray to the god of all mercies , that they might be partakes of his inestimable and boundlesse mercy in jesus christ , and truly i shall pray that prayer , and i beseech the god of heaven forgive any injury they have done to me , from my soule i wish it . and truly , this i tell you as a christian , to let you see i am a christian : but it is necessary i should tell you somewhat more , that i am a protestant , and truly i am a protestant , and very much in love with the profession of it , after the manner as it wa● established in england by the thirty nine article● , a blessed way of profession , and such a one , as truly , i never knew none so good : i am so far from being a papist , which some body have ( truly ) very unwo●thily at some time charged me withall , that truly i professe to you , that though i love good works , and commend good works , yet i hold , they have nothing at all to doe in the matter of salvation ; my anchor-hold is this , that christ loved me , and gave himselfe for me , that is it that i rest upon . and truly something i shall say to you as a citizen of the whole world , and in that consideration i am here condemned to dye : truly , contrary to the law that governs all the world , that is , the law of the sword , i had the protection of that for my life , and honour of it ; but truly i will not trouble you much with that , because in another place i have spoken very largely and liberall about it , i believe you will hear by other means what arguments i used in that case : but truly , that that is stranger , you that are english men , behold here an english man now before you , and acknowledged a peer , not condemned to dye by any law of engl. not by any law of england ; nay shall i tell you ( which is strangest of all ) contrary to all the lawes of engl : that i know of . and truly i will tell you , in the matter of the civill part of my death , and the cause i have maintained , i dye ( i take it ) for maintaining the fifth commandement , enjoyned by god himselfe , which enjoynes reverence and obedience to parents : all divines on all hands , though they contradict one another in many severall opinions , yet all divines on all hands , doe acknowledge that here is intended magistracy and order , and certainly i have obeyed that magistracy and the order under which i have lived , which i was bound to obey ; and truly , i doe say very confidently that i do dye here for keeping , for obeying that fifth commandement given by god himselfe , and written with his own finger . and now gentlemen , i will take this opportunity to tell you , that i can not imitate a better nor a greater ingenuity then his , that said of himselfe , for suffering an unjust judgement upon another , himselfe was brought to suffer by an unjust judgement . truly gentlemen , that god may be glorified , that all men that are concerned in it , may take the occasion of it , of humble repentance to god almighty for it , i do here professe to you , that truly i did give my vote to that bill of the e. of strafford , i doubt not but god almighty hath washed that away with a more precious blood , and that is , with the blood of his own son , and my dear saviour jesus christ , and i hope he will wash it away from all those that are g●ilty of it : truly this i may say , i had not the least part nor the least degree of malice in the doing of it : but i must confesse again to gods glory , and the accusation of mine own frailty , and the trailty of my nature , that truly it was an unworthy cowardize , not to resist so great a torrent as carried that businesse at that time . and truly , this i think i am most guilty of , of not courage enough in it , but malice i had none ; but whatsoever it was , god i am sure hath pardoned it , hath given me the assurance of it , that christ jesus his blood hath washed it away ; and truly , i doe from my soule wish , that all men that have any stain by it , may seriously repent , and receive a remission and pardon from god for it . and now gentlemen , we have had an occasion by this intimation to remember his majesty , our king that last was , and i cannot speak of him , nor think of it , but truly i must needs say , that in my opinion that have had time to consider all the images of all the greatest and vertuousest princes in the world , and truly in my opinion there was not a more vertuous , and more sufficient prince known in the world , then our gracious king charls that dyed last ; god almighty preserve our king that now is , his son , god send him more fortunate , and longer dayes ; god almighty so assist him , that he may exceed both the vertues and sufficiencies of his father : for certainly , i that have been a councellour to him , and have lived long with him , and in a time when discovery is easily enough made , for he was young ( he was about thirteen , fourteen , fifteen , or sixteen yeers of age ) those years i was with him , truly i never saw greater hopes of vertue in any young person , then in him ; great judgment , great understanding , great apprehension , much honour in his nature , and truly a very perfect english-man in his inclination ; and i pray god restore him to this kingdome , and unite the kingdomes one unto another , and send a happinesse both to you and to him , that he may long live and reign among you , and that that family may reign till thy kingdome come , that is , while all temporall power is consuminated : i beseech god of his mercy , give much happinesse to this your king , and to you that in it shall be his subjects , by the grace of jesus christ . truly , i like my beginning so well , that i will make my conclusion with it , that is , that god almighty would confer of his infinite and inestimable grace and mercy , to those that are the causers of my coming hither , i pray god give them as much mercy as their owne hearts can wish ; and truly for my part i will not accuse any of them of malice , truly i will not , nay , i will not think there was any malice in them ; what other ends there are , i know not , nor i will not examine , but let it be what it will , from my very soule i forgive them every one : and so , the lord of heaven blesse you all , god almighty be infinite in goodnesse and mercy to you , and direct you in those wayes of obedience to his commands to his majesty , that this kingdome may be a happy and glorious nation again , & that your king may be a happy king in so good and so obedient people . god almighty keep you all , god almighty preserve this kingdome . god almighty preserve you all . then turning about , and looking for the executioner ( who was gone off the scaffold ) said , which is the gentleman ? which is the man ? answer was made , he is coming , he then said , stay , i must pull off my doublet first and my wastcoat : and then the executioner being come upon the scaffold , the lord capel said , o friend , prethee come hither : then the executioner kneeling down , the lord capel said , i forgive thee from my soul , and not only forgive thee , but i shall pray to god to give thee all grace for a better life : there is five pounds for thee , and truly for my cloaths and those things , if there be any thing due to you for it , you shall be very fully recompenced , but i desire my body may not be stripped here , and no body to take no●●ce of my body but my own servants : look you friend , this i shall desire of you , that when i lye down , you would give me a time for a particular short prayer . liev. col. beecher , make your owne signe my lord . capel . stay a little , which side doe you stand upon ( speaking to the executioner ) stay i think i should lay my hands forward that way ( pointing fore right ) and answer being made yet , he stood still a little while , and then said , god almighty blesse all this people ; god almighty stench this blood , god almighty stench , stench , this issue of blood , this will not doe the businesse , god almighty find out another way to do it . and then turning to one of his servants , said , baldwin , i cannot see any thing that belongs to my wife , but i must desire thee to beseech her to rest wholly upon jesus christ , and be contented and fully satisfied : and then speaking to his servants he said , god keep you , and gentlemen , let me now doe a businesse quickly , privately , and pray let me have your prayers at the moment of death , that god would receive my soul . capel . pray at the moment of striking , joyne your prayers , but make no noise ( turning to his servants ) that is inconvenient at this time . servant . my lord , put on your cap. capel . should i , what will that doe me good ? stay a little , is it well as it is now ? and then turning to the executioner , he said , honest man , i have forgiven thee , therefore strike boldly , from my soule i doe it . then a gentleman speaking to him , he said , nay , prethee be contented , be quiet good mr — be quiet . then turning to the executioner , he said , well , you are ready when i am ready , are you not ? and stretching out his hand● , he said , then pray stand off gentlemen , then going to the front of the scaffold , he said to the people , gentlemen , though i doubt not of it , yet i think it convenient to ask it of you , that you would all joyne in prayers with me , that god would mercifully receive my soule , and that for his alone mercies in christ jesus . execut. my lord , shall i put up your haire ? capel . i , i , prethee doe ; and then as he stood , lifting up his hands and eyes , he said , o god , i doe with a perfect and a willing heart submit to thy will , o god , i doe most willingly humble my selfe : then kneeling down , said , i will try first how i can lye , and laying his head over the block , said , am i well now ? execut. yes . and then as he lay with both his hands stretched out , he said to the executioner , here lye both my hands out , when i lift up my hand thus , then you may strike . and then after he had said a short prayer , he lifted up his right hand , and the executioner at one blow severed his head from his body , which was taken up by his servants , and put ( with his body ) into a coffin , as the former . march . . an act for abolishing the house of peers . the commons of england assembled in parl finding by too long experience that the house of lords is uselesse and dangerous to the people of england to be continued , have thought fit to ordain and enact , and be it ordained and enacted by the present parliam : and by the authority of the same , that from henceforth the house of lords in par. shall be , and is hereby wholly abolished and taken away ; and that the lords shall not from henceforth meet or sit in the said house of lords , nor shall sit , vote , advise , adjudge or determine of any matter or thing whatsoever , as a house of lds in parl. neverthelesse it is hereby declared , that neither such lords as have demeaned themselves with honour , courage , and fidelity to the common-wealth , their posterities who shall continue so , shall not be excluded from the publick councels of the nation , but shall be admitted thereunto , and have their free vote in parl : if they shall be thereunto elected , as other persons of interest elected and qualified thereunto ought to have : and be it further ordained and enacted by the authority aforesaid , that no peer of this land , not being elected , qualified , and sitting in parl. as aforesaid , shall claim , have , or make use of any priviledge of parl. either in relation to his person , quality , or estate , any law , vsage , or custome to the contrary notwithstanding . hen : scobel , cler : parl. on thursday , july . . the general and army marched from mordington to coppersmith , col. hackers regiment being drawn up in the way , his excellency made a speech to satisfie them concerning capt. ogles troop being sent back into northumberland , in regard of his interest in that county , & that cap. greenwoods troop appointed for berwick should march with the regiment in the stead thereof , which gave great satisfaction . col. bright's regiment being drawn up ; maj. gen. lambert appointed collonel thereof , coming to the head of the regiment , was received with great acclamations . a list of the regiments of horse and foot randezvouzed and marched with the lord gen : cromwell , into scotland . eight regiments of horse . the lord generals , in number maj. gen. in number col. fleetwoods in number col. whalies in number col. twisden in number col. lilburn in number col. hackers in number col. okey in number consisting with officers , in all ten regiments of foot . the lord generals , in number col. pride col. bright col. maliveryr col. ch : fairfax col. cocks col. dunell col. sir arthur hasterigs companies col. fenwicks companies consisting with officers , in all the traine the whole thus : the traine the horse the foot the totall a letter from liev : gen : david lesley , to the lord gen : cromwell . my lord ; i am commanded by the committee of estates of this kingdome , and desired by the commissioners of the generall assembly , to send unto your excellency this inclosed declaration , as that which containeth the state of the quarrell : wherein we are resolved , by the lords assistance , to fight your army , when the lord shall please to call us thereunto . and as you have professed you will not conceal any of our papers , i doe desire that this declaration may be made known to all the officers of your army ; and so i rest , bruchton , aug. . your excell : most humble servant , david lesley . for his excellency the lord generall cromwell . the declaration of the commissioners of the generall assembly of scotland , as followeth . the commission : of the generall assembly considering , that there may be just ground of stumbling , from the kings majesties refusing to subscribe and emit the declaration offered unto him by the committee of estates , and commissioners of the generall assembly , concerning his former carriage , and resolutions for the future , in reference to the cause of god , and the enemies and friends thereof : doth therefore declare , that this kirk and kingdome doe not owne nor espouse any malignant party , or quarrell , or interest , but that they fight meerly upon their former grounds and principles , and in defence of the cause of god , and of the kingdome , as they have done these twelve years past . and therefore as they doe disclaime the sin and guilt of the king and of his house ; so they will not owne him , nor his interest , otherwise then with a subordination to god , and so far as he ownes and prosecutes the cause of god , and disclaimes his , and his fathers opposition to the work of god , and to the coven , and likewise all the enemies thereof . and that they will with convenient speed take into consideration the papers lately sent unto then from oliver cromwel , and vindicate themselves from all the fa●shoods contained therein , especially in these things , wherein the quarrell betwixt us and that party is mis-stated , as if we owned the late kings proceedings , and were resolved to prosecute and maintaine his present majesties interest , before and without acknowledgement of the sins of his house and former wayes , and satisfaction to gods people in both kingdomes . west kirk , aug. . a. ker. august . . the committee of estates having seen and considered a declaration of the commission : of the generall assembly , anent the stating of the quarrell , whereon the army is to fight , doe approve the same , and heartily concur therein . tho : henderson . the lord generalls answer to the former , as followeth . i received yours of the thirteenth instant , with the paper you mentioned therein inclosed , which i caused to be read in the presence of so many officers as could well be gotten together , to which your trumpet can witnesse , we returne you this answer , by which i hope in the lord it will appear , that we continue the same we have profest our selves to the honest people of scotland , wishing to them as to our own souls , it being no part of our business to hinder any of them from worshiping god in that way they are satisfied in their consciences by the word of god they ought ( though different from us ) but shall therein be ready to perform what obligations lye upon us by the covenant ; but that under the pretence of the covenant , mistaken and wrested from the most native intent and equity thereof , a king should be taken in by you , to be imposed upon us , and this called the cause of god and the kingdome , and this done upon the satisfaction of gods people in both nations , as is alleged , together with a disowning of malignants , although he who is the head of them in whom all their hope of comfort lies , be received ; who at this very instant hath a popish pa●ty fighting for and under him in ireland , hath prince rupert ( a man who hath had his hand deep in the blood of many innocent men of england ) now in the head of our ships stoln from us upon a malignant accompt ; hath the french and irish ships daily making depradations upon our coasts : strong combinations by the malignants in england , to raise arms in our bowels , by vertue of his commissions , who having of late issued out very many to that purpose , and how the interest you pretend you have received him upon , and the malignant interest in the ends and consequences entring in this man , can be secured , we cannot discern ; and how we should believe , that whilst known and notorious malignants , fighting and plotting against us on the one hand , and the declaring for him on the other , should not be an espousing of a malignant party , quarrell , or interest , but be a meer fighting upon former grounds and principles , and in defence of the cause of god , and of the kingdome , as hath been these twelve yeers last past ( as ye s●y ) for the security and satisfaction of gods people in both nations , or the opposing of which should render us enemies to the godly with you , we cannot well understand , especially considering , that all these malignants take their confidence and encouragement from the late transactions of your kirk and state with your king ; for as we have already said , so we tell you again , it is but satisfying security to those that employ us , and are concerned in that we seek , which we conceive will not be by a few formall and feigned submissions from a person who could not tell otherwise how to accomplish his malignant ends , and therefore councel'd to this complyance , by them who assisted his father , and have hitherto acted him in his most evill designes , and are now again by them set on foot ; against wch , how you will be able , in the way you are in , to secure us or your selves , is ( forasmuch as concerns our selves ) our duty to looke after . if the state of your quarrell be thus , upon which , as you say , you resolve to fight our army , you will have opportunity to doe that , els what means our abode here ? and if our hope be not in the lord , it will be ill with us . we commit both you and our selves to him , who knowes the heart and tries the reins , with whom are all our wayes , who is able to doe for us and you , above what we know , which we desire may be in much mercy to this poor people , and to the glory of his owne great name . and having performed your desire in making your papers so publick as is before exprest , i desire you to doe the like , by letting the state , kirk and army have the knowledge hereof . to which end i have sent you inclosed two copies , and rest from the camp at pencland hills , aug. . , your humble servant , o : cromwel . the victory at gladsmore in scotland , july , . . m g. montgomery slaine , arms taken , troopers , wounded , colours , troops routed , font routed at muscleburrough . the victory at dunbar , aug. . , killed , prisoners , horse , commission officers , arms , colours , pieces of ordnance . of ours that ingaged horse and foot ; their word , the covenant , ours , the lord of hests . novemb. . insurrections in norfolke , for which were condemned , and executed . col. ker routed and taken , and the town of ayre . decemb. . the strong castle of edenburgh delivered up , pieces of ordnance , whereof iron , the 〈◊〉 braste , about arms , with store of ammunition and provision . nov. . a squadron of ships commanded by gen. blague , surprised a considerable part of the portugal brasit fleet fraighted with sugar , and sent them to england , and after pursued the revolted ships beyond alligant , where they took of prince ruperts fieet , and pursued him to thoulon one of the surthest havens of france , having but two ships left . jan. . . a day of publick thanksgiving in england , wales , and town of berwick jan. . . the scots king was crowned at schone , he is general of the army , d. hamilton lieut. gen. of the scotch army , david lesley m. g. middleton l. g. of the scotch horse , and massey m. g. of the english . jan. . . the king of spaine sent his ambassador for the ●●knowledging of this state , whose authority and soveraignty reades in this parl. of the commonwealth of england , and to stablish a good friendship with it . the portugal sent his agent also to the like effect . march . . sir henry hide beheaded at the exchange for receiving and acting by vertue of a commission from charls stuart the second , and king of great britaine , france , and ireland , as his agent to the great turk , with an intent to destroy the trade of the turky company , and the parl. interest , not onely in constantinople , but in mitylene , anatolia , & smyrna , in which conspiracies he was a commissioner , and likewise to seize upon our merchants goods for the use of the king of scotland , and procured audience of the grand visier , and raised great fears and uproars among the merchants . a speech made by k. charles ye . d . at his coronation : i. january . i will by gods assistance bestow my life for your defence wishing to live no longer then that i may see this kingdome flourish in happiness . the oath , i doe promise & vow in ye presence of ye eternall god yt i will maintaine ye true kirk of god religion right preaching & administration of ye sacraments now received & preached within this realme in purity ; and shall abolish & gain-stand all false religions & sects contrary to ye same . and shall rule ye people comīted to my charge , according to ye will of god , and laudable laws & constitutions of ye realme ; causing justice & equity to be ministred without partiality . browne bushelt , beheaded under the scaffold on tower-hill , mar. . . for delivering up scarborough . june . . the surrender of scilly islands . june . insurrection in cardiganshire , slaine , prisoners taken . july . burnt island surrendred . the scotch king invaded england with hors and foot , and a light tran of artillery , and , caused himselfe to be proclaimed k. of england , scotland , and ireland , in lancashire . august . charls the first erected his standard at nottingham , and charls the second erected his standard at worcester , aug. . . sept . old lesley , crawford , linsey , ogleby , with divers of quality , besides 〈◊〉 taken that were making levies to raise the siege at dundee aug. , ● . st johnston surrendred . aug. . the castle of ste●●● surrendred 〈◊〉 pieces of ordnance , faire brasse pieces , a great iron g●●● , leather guns provision of meal to serve men about twelve months , or barrels of beef , armes , new muskets and pikes , barrels of powder , or vessels of claret wine , and strong waters , great store of match and other ammonition , lantes guns , a thousand flats and other instruments of war of that nature , all the records of scotland , the chaire and cloath of state , the sword , and other rich furniture of the kings . aug. . the totall rout and overthrow of the earl of darby in lancashire , by col. robert lilburne . a full narrative of the late dangerous designe against the state ; written with master love's owne hand , and by him sent to the parliam : declaring the severall meetings , and secret actings , with major alford , major adams , colonel barton , master blackmore , m case , m cauton , dr. drake , m drake , capt. far , m. gibbons , m. haviland , maj huntington , m. jenkins , m. jaquel , m. jackson , liev. jackson cap. massey , m. nilton , cap. potter , m. robinson , m. sterks , col. sowton , col. vaughan , and others . considering how a clear and full narrative may satisfie the state ( although it may prejudice my self ) i am willing with an ingenuous freedome , and opennesse of heart to make known the whole matter , so far as i distinctly know and well remember , humbly hoping that this large acknowledgment of mine ( which is more then any in the world can prove against me ) shall not be taken as an aggravation of my fault , but as a demonstration of my ingenuity . before i mention the matters of fact , i humbly crave leave to signifie the time when , and manner how i came to be intangled in this unhappy businesse . i now come humbly and truly to relate the matter of fact , which is as followeth : it appeared to me by the testimony of the witnesses , that there were freequent meetings by mr. drake , alford , titus , adams , and others , soon after the death of the late king , and applications made to the king of scots , the queen his mother , to jermyn , and piercy , both before and during the treaty at jersey , of which i know nothing , nor was i present : but the first meeting i was at , was at my house ( and as i remember ) at the reading of a letter which came from captain titus , after the treaty was ended at jersey ; the contents of that letter were ( if i mistake not ) to this effect : that the treaty at iersey was broken off through the violent and evill counsels of desperate malignants ; and that he had something of concernment to communicate , which he durst not doe in person , being not safe for him to come over into england , nor could he well doe it by writing , he judging it not fit or safe to send by the common post scaring a miscarriage ; wherefore he desired some body to be sent over to him to calice , to whom he might give an account of all proceedings . upon the reading of this letter , mr. drake moved that some person should be desired to goe to calice ; for said he , we shall hear the whole relation of the businesse at iersey ; whereupon major adams or capt. farr were moved by mr. drake to goe . there was mention of major alford to goe , though he was not then present that i know of , nor was he ever within my house , as i remember , untill after he returned from calice : so that there was none that i know of was gone , mr. drake told me , major alford was the fittest man to go over to calice , having businesse of his owne to goe into france , to look after his prodigall son , so that it was ( said he ) a plausible pretence to concea●e his going over to meet with titus . there were present at this first meeting , m. drake , m. ienkins , maj. adams , d. drake , cap. far , capt. potter , and my selfe , with some others , but who more i cannot remember . about or dayes after maj. alfords return from calice , m. drake told me he was come to london , and told me he would goe to severall ministers and citizens , to desire them to meet at my house , that so we might hear what newes maj. alford brought with him from calice ; accordingly the next day in the evening they met at my house , mr. drake brought maj. alford with him , who gave an account of his conference with titus , and his receiving a copy of the kings letter from him , as also a narrative of the treaty at iersey , and said , that he brought not over the letters himselfe , but delivered them to a passenger that came in the ship , least himself should be searched ; but after he came into england he received the letter & narrative from him ( but who he was i know not ) and so brought them to london , whether the copy of the kings letter was read at my house , in my hearing , i remember not ; yet i deny not but it was read there ; i am sure i heard the contents of it were to this effect , that he took in good part the affections and loyalty of those who formerly had petition'd to him ( of which petition i know nothing ) and if ever god restored him , or put him in a condition , he should remember them . the narrative read in my house , was to this effect , he made a large description of the scots , commending his prudent carriage , & good inclinations to an agreement with the scots , but that his bad councel about him hindred it ; also he made a rehearsall of his lusterings from the cavaliers at jersey , how he was imprisoned in a close room . there were present at this meeting , maj. alford , m. drake , mr. case , maj. adams , mr. jaquel , mr. jackson , mr. jenkins , dr. drake , capt. potter , mr. sterks , capt. farr , and my selfe , with others , but who . i doe not remember . a little before the treaty at bieda , there was a meeting at my house , mr drake proposed , that wee should thinke of some way to promote the agreement between the king and the scots ; where by the way i desire humbly to give notice , that this was the first and only meeting of this nature , at my house . mr drake took out some papers out of his pocket written in characters , which he read in my study , which went under the name of a commission and instructions to be sent to the lord willoughby , alderm : bunce , massey , graves , and titus , to appoint them to advise with , and use their interests in persons of honour , to provoke the king to agree with the scots , & take the covenant ; as also to advise with the scots commissioners , and perswade them , that in their agreement with their king , they would have speciall respect to the interest of religion , and terms of the covenant ; the commission ran in this form , as if it were in the names of all the presbyteriall party in england : after i heard it read , i was against it alledging severall reasons , chiefly , that it was an act of high presumption for private persons to send a commission with instructions ; and an act of notorious falshood , to say this was in the name of all the presbyteriall party of england , when but a few persons knew thereof ; many in the company also exprest a dislike thereof : mr. drake also read a letter in this meeting , but to whom it was i know not , neither know i the contents of it , i was at least a dozen times called out of the room , whiles the company were there , so that i am not able to give so ful and particular an accompt of the contents of the letter , and of the commission and instruction : what mr. drake did about the commission and instructions after he was gone from my house , i know not , what and by whom he sent i know not , until maj. alford declared before the high court , that he received the papers from mr. drake , carried them to gravesend , and delivered to one mason , and he caried them to holland . there was at this meeting , maj. huntington , m. drake , d. drake , m. jackson , m jenkins , m. cauton , maj. alford , m gibbons , maj. adams , cap. farr , and my selfe , with others , whom i cannot remember . there is one thing more i make bold to mention , that there are other persons besides those i have named , who did now and then come to my house , as m. robinson , m. nalton , m. haviland , m. blackmore , col. vaughan , col. sowton , were present at one time or another , but at what particular meeting , i cannot positively say . thus i have cleerly laid open the whole matter of fact , so far as i well remember , and distinctly know of passages about these meetings and transactions at my house . tower of london , july . . i attest the truth of this narrative under my hand . christopher love . mr. love's speech made on the scaffold on tower-hill . august . . beloved christians , i am this day made a spectacle unto god , angels , and men ; and among them i am made a grief to the godly , a laughing stock to the wicked , and a gazing stock to all ; yet blessed be my god , not a terror to my self ; although there be but a little between me and death , yet this bears up my heart , there is but a little between me and heaven : it comforted dr. taylor , the martyr , when he was going to execution , that there were but two stiles between him and his fathers house ; there is a lesser way between me and my fathers house , but two steps between me and glory , it is but lying down upon the block , and i shall ascend upon a throne : i am this day sa●ling towards the ocean of eternity , through a rough passage , to my haven of rest , through a red sea , to the promised land : methinks i hear god say to me as he did to moses , goe up to mount nebo and dye there , so goe thou up to tower-hill , and dye there isaac said of himself , that he was old and yet he know not the day of his death , but i cannot say thus , i am young , and yet i know the day , the kind , and the place of my death also ; it is such a kind of death as two famous preachers of the gospel were put to before me , iohn the baptist , and paul the apostle , we have mention of the one in scripture story , of the other in ecclesiastical history : and rev. . . the saints were beheaded for the word of god , and for the testimony of iesus . but herein is the disadvantage which i am in in the thoughts of many , who judge that i suffer not for the word or conscience , but for medling with state matters . to this i shall briefly say , that it is an old guise of the devil , to impute the cause of gods peoples sufferings to be contrivements against the state . the rulers of israel would put ieremiah , to death upon a civil account , though it was the truth of his prophesie made them angry , because he fell away to the chaldeans , so paul must dye as a mover of sedition . the same thing is laid to my charge , whereas indeed it is because i pursue my covenant , and will not prostitute my p●inciples to the lusts of men . beloved , i am this day to make a double exchange , i am changing a pulpit for a scaffold , and a scaffold for a throne ; and i might add a third , i am changing this numerous multitude upon tower-hill , for the innumerable company of angels in the holy hill of zion ; and i am changing a guard of sould●ers for a guard of angels , which will receive me and carry me into abrahams bosome . this scaffold is the best pulpit i ever preached in , for in the church pulpit god through his grace made me an instrument to bring others to heaven , but ' in this he will bring me to heaven ; and it may be this speech upon a scaffold may bring god more glory then many sermons in a pulpit . before i lay down my neck upon the block , i shall lay open my case , and that without animosity or revenge ; god is my record , whom i serve in the spirit , i speak the truth , and lye not , i doe not bring a revengefull heart unto the scaffold this day ; before i came here , upon my bended knees i have beg'd mercy for them that denied mercy to me , & i have prayed god to forgive them who would not forgive me : i have forgiven from my heart , the worst enemy i have in all the world , and this is the worst that i wish to my accusers and prosecuters , who have pursued my blood , that i might meet their souls in heaven . i have no more to say , but to desire the help of all your prayers , that god would give me the continuance and supply of divine grace to carry me through this great work i am now to doe ; that i , who am to doe a work i never did , i may have a strength that i never had ; that i may put off this body with as much quietnesse and comfort of mind , as ever i put off my cloaths to goe to bed . and now i am to commend my soule to god , and to receive my fatall blow , i am comforted in this , though men kill me , they cannot damne me , and tho they thrust me out of the world , yet they cannot shut me out of heaven . i am now going to my long home , to heaven my fathers house , to the heavenly ierusalem , to the innumerable company of angels , to jesus christ the mediator of the new covenant , to the spirits of just men made perfect , to god the judge of all , in whose presence there is fulnesse of joy , and at whose right hand there are pleasures for evermore . then he kneeled down and made a short prayer privately . then after rising up , he said , blessed be god i am full of joy and peace in believing , i lye down with a world of comfort . and then saying the lord bless you , he lay down with his head over the block , and when he stretched out his hands , the executioner did his office . the humble petition of william jenkins , prisoner . most humbly sheweth ; that your petitioner is unfeignedly sorrowfull for all his late miscarriages , whether testified against him , or acknowledg'd by him , and for the great and sinfull unsutablenesse of them to his calling and condition . that upon earnest seeking of god , and diligent enquiry into his will , your petitioner is convinced , that the alterations of civill governments are ordered by , and founded upon the wise and righteous providences of god , who removeth kings and setteth up kings , ruleth in the kingdomes of men , and giveth them to whomsoever he will . that the providences of this god , have in the judgement of your petitioner , as evidently appeared in the removing of others from , and the investing your honours with the government of this nation , as ever they appeared in the taking away , or bestowing of any government in any history of any age of the world . that he apprehends , that a refusall to be subject to this present au●hority , under the p●etence of upholding the title of any one upon earth , is a refusall to acquiesce in the wise and righteous pleasure of god , such an opposing of the government set up by the soveraign lord of heaven and earth , as none can have peace , either in acting in , or suffering for , and that your petitioner looks upon it as his duty , to yeeld to this authority , all active and cheerfull obedience in the lord , even for conscience sake , to promise ( he being required ) truth and fidelity to it , and to hold forth the grounds of his so doing to any as god shall call him thereunto . that though an imprisonment , accompanied with the losse of estate , and to be followed ( without your gracious prevention ) with a speedy arraignment before a high and eminent judicatory , are far from being pleasant to flesh and blood , and though the injoyment of your grace and favour , be a blessing most deserving to be reckoned among the best of temporals , yet that neither the feeling , and fearing of the former , nor the expectation of the latter , could have induced your petitioner against the light of his owne judgement , and the prepondering part of his owne conscience to have made , or presenting this acknowledgment , he sadly fore-casting , that a whole skin is but a contemptible recompence for a wounded conscience . wil : jenkin . sept. . . a victory obtained over the scotch army at worcester . this day twelve months was glorious at dunbar , but this day hath been very glorious before worcester ; the word was , the lord of hosts , and so it was now ; the same signall we had now as then , wch was to have no white about us , yet the lord hath cloathed us with white garments though to the enemy they have been bloody , onely here lyeth the difference , that at dunbar our work was at break of day , but now it began towards the close of the evening , taken and slain of the enemy , about of ours . the general hazarding himselfe , rode up to the enemies forts , offering them quarter , whereto they returned no answer but shot . sept. . dundee taken by storm , ships in the harbour , guns . the scots king beaten at worcester , gets into a hollow tree , remains there a night , next day in a wood , cuts his haire short , shipt for havre de grace , and so to paris . sir , the scottish king came hither on munday the last of october , n. s. and being demanded by his mother and the duke of orleans , how he escaped the fight of worcester , gave them this account . that about six a clock in the evening , his army being in all likelihood lost , he quitted wor. towne , with a party of horse , and marched toward lancashire , but being fearfull of being pursued , and o the scottish officers that might deliver him up , he with the l : wilmot quitted their horses , and betook themselves next day to a tree , where they staid till night , and then marched , the third day they lay in a wood , and at night marched toward lancashire , a lady receiving them , furnished them with cloaths for a disguise , and cut off their haire . having reposed or dayes , she endeavoured to ship them out of england , and she riding behind the king , and wilmot as another servant by , they went to bristoll , but finding a narrow inquiry there , resolved to go for london , where they stayed week . the king one day went into westminster hall , where he saw the states arms , and scots colours ; my lord wilmot procured a merchant to hire a ship of forty tuns to transport them , which cost them a hundred and twenty pounds , but where they took shipping is not known : but as soon as my lord was entred the barque , and the king as his servant , the master came to him , and told him that he knew the king , and in case it should be known , he could expect no mercy : which saying troubled them , but at length , what with money and promises , they prevailed , and so set saile for havre de grace , where they landed , and from thence to roven , where they cloathed themselves , and writ to paris . his arrivall there will put them to new counsels , since , now they cannot send their ambassadors , which was concluded on before his coming . the duke of orleans fetcht him into towne , and expressed much as to serve him . yesterday , he , with thurenne , beaufort , and the d. of guise came to him to the louvre , where the king told them , that they should endeavour to reconcile the breach between the prince and the king of france , for , said he , to my knowledge the english will visit you with an army in the spring . octob. . . earl of darby beheaded at bolton in lancashire . octob. . the isle of jersey taken . nov. . the isle of man taken . resolv : that the time for the continuance of this parl. beyond which they resolve not to fit , shall be nov. . . the parl. of the common-wealth of england declare ; that no power , jurisdiction , or authority , otherwise then from the parl. of engl : be used , exercised , or enjoyned within scotl : or the isles , or any of the territories thereof . that they doe forbid , annull , and make voyd the use and exercise of any power , jurisdiction , and authority whatsoever , within scotl : or the isles , or any of the territories thereof , other then such as shall be so derived . an act of generall pardon and oblivion , feb. . . the parl. of england having had good experience of the affections of the people to this present government , by their ready assistance against charles stuart sonne of the late tyrant , and the forces lately invading this nation under his command ; and being much afflicted with the miserable and sad effects which the late unnaturall war hath produced , and resolved to settle the peace and freedome of this common wealth ; and being desirous that the minds , persons , and estates of all the people of this nation might be composed , setled , and secured , and that all rancour and evill will occasioned by the late differences , may be buried in perpetuall oblivion , be it enacted by this present parl. and by authority of the same , that all and every person or persons of or within the common-wealth of england , the isles of iersey and garnsey , the towne of berwick upon tweed , and the heirs , execut : and admin : of them and every of them , and all and singular bodies in any manner incorporated , cities , burroughs , shires , &c. and every of them are , and shall be acquitted and pardoned , of all treasons , fellonies , offences , &c. done before sept. . . not in this present act hereafter not excepted nor fore-prized . and the said keepers of the liberties of england , granteth and freely giveth to every of them , all goods , debts , chattels , fines , which to the said keepers of the liberties of england , do belong or appertain , before sept. . and which be not hereafter in this act foreprized and excepted . and it is further enacted , that this pardon shall be taken in courts of justice , available to all and singular the said persons . &c. shall be arrested , &c. for any thing acquitted by this act , every person so offending , shall pay to him offended , his treble damages , and . l. to the state . excepted all high-treasons ( other then for words only ) and all levying of war , rebellions , insurrections , and conspiracies committed against the par. since ian. . . and all concealments of the said offences . and all voluntary murthers , petty treasons , poysoning , piracles , buggeries , rapes , ravishments , marrying any one against her will . and also all persons now attained for petty treason , murther , poysoning , conjurations , witchcrafts , charms , detainments of customs , and sums of money due upon composition , excise , or new-imposts ; all conditions , covenants , and penalties of forfeitures due to the parl. or the late k. since ian. . . all first fruits , and tithes , and all offences and misdemeanours , whereof any sentence or judgment hath been given in parl. since ian. . . and all offences of bribery , perjuries , and subordination of witnesses , counterfeiting deeds , debenters , bills of publick faith , escripts , or writings whatsoever , carrying over seas any coyn or jewels , melting downe of gold or bullion , &c. detaining the goods , &c. of the late king or queen , all offences committed by any jesuite , any outlawries upon any writ of capion ad satisfaciendum , and all , except such persons as were ian. . . in prison by order of parl. and all proceedings concerning common high-wayes , all free-farm-rents , and arrerages due since iune . . all moneys imprested since nov. . . provided all acts of hostility between the late king and parl. or between any of the people of this nation , or falling out by reason of the late troubles , shalt in no time after iune . . be called in question . the declaration of the lord generall and his councel of officers shewing the grounds and reasons for the dissolving the parliament , april . . after it had pleased god not only to reduce ireland , and give in scotland but so marvellously to appeare for his people at worcester , that these nations were reduced to a great degree of peace , it was matter of grief to many well affected , in the land , to see the cause of god so little forwarded by the parl. whereupon they applied to the army , expecting redresse by them , notwithstanding which , the army being unwilling to meddle with the civill authority , in matters so properly appertaing to it , it was agreed , that his excellency and officers of the army should be desired to move the parl. to proceed vigorously in reforming what was amisse in government ; which having done , we hoped that the parl. would seasonably have answered our expectations , but finding delayes therein , we renewed our desires in a petition in august last , and although they signified their good acceptance thereof , and referred the particulars to a committee of the house , yet no considerable effect was produced , but there more and more appeared among them an aversion to the things themselves , with much bitternesse and opposition to the people of god ; which grew so prevalent , that those persons of honour and integrity who had eminently appeared for god and the publick good , were rendred of no further use in parl. then by meeting with a corrupt party to give them countenance to carry on their ends for which purpose , they frequently declared themselves against having a new representative , and when they were necessitated to take that bill into consideration , they resolv'd to make use of it to recruit the house with persons of the same temper , thereby to perpetuate their owne sitting , which intention divers of the most active did manifest , labouring to perswade others to a consent therein ; and divers petitions preparing from severall counties for the continuance of this parl. were encouraged by them . for obviating these evills , the officers of the army obtained severall meetings with some of the parl. to consider what fitting meanes might be applyed to prevent the same ; but such endeavours proving altogether ineffectuall , it became most evident to the army , that this parl. would never answer those ends , which god , his people , and the whole nation expected from them . but that this cause must needs languish under their hands , and be wholly lost . all which being sadly considered by the honest people of this nation , as well as by the army , and wisdome and direction being sought from the lord , it seemed to be a duty incumbent upon us to consider of some more effectuall means to secure the cause which the good people of this common wealth have been so long engaged in , and to stablish peace in these nations . and after much debate it was judged necessary , that the supream authority should be devolved upon known persons , men fearing god , and of approved integrity , and committed unto them for a time , as the most hopefull way to encourage and countenance all gods people , reform the law , and administer justice impartially , hoping thereby the people might forget monarchy , and have the government setled upon a true basis , without hazard to this glorious cause , and necessitating to keep up arms for the defence of the same . and being still resolved to use all means possible to prevent extraordinary courses , we prevai'ed with about twenty members of parl. to give us a conference , with whom we freely and plainly debated the necessity and justnesse of our proposals , and did evidence that these would most probably bring forth something answerable to that work , the foundation whereof god himselfe hath laid . the which found no acceptance , but it was offered , that the way was to continue still this parl. as being that from which we might reasonably expect all good things ; and this being insisted upon , did much confirm us in our apprehensions , that not any love to a representative , but the making use thereof to perpetuate themselves , was their aim . they being plainly dealt with about this , and told , that neither the nation , the honest interest , nor we our selves would be deluded by such dealings , did agree to meet again next day in the afternoon , and nothing in the mean time should be done , that might frustrate the proposals . notwithstanding the parl. next morning did make more hast then usuall in carrying on their said act , being helped therein by some of the persons engaged to us the night before , none of them endeavouring to oppose the same , and being ready to put the main question for consummating the said act , whereby our proposals would have been made void . for preventing whereof , we have been necessitated to put an end to this parliament . and desire that all men , as they would not provoke the lord to their owne destruction , should wait for such issue as he shall bring forth , and to follow their businesse with peaceable spirits , wherein we promise them protection by his assistance . finis . by the king. a proclamation to inform all our loving subjects of the lawfulnesse of our commissions of array, issued into the severall counties of our realm of england, and dominion of wales, and of the use of them and commanding them to obey our commissioners therein named, in the execution of their said commissions. england and wales. sovereign ( - : charles i) this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing c thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) by the king. a proclamation to inform all our loving subjects of the lawfulnesse of our commissions of array, issued into the severall counties of our realm of england, and dominion of wales, and of the use of them and commanding them to obey our commissioners therein named, in the execution of their said commissions. england and wales. sovereign ( - : charles i) charles i, king of england, - . sheet ([ ] p.) [s.n.], imprinted at york, and now reprinted at london : . originally published: york : . reproduction of the original in the british library. at end of text: given at our court in york the twentieth day of june, in the eighteenth yeer of our reign, . eng prerogative, royal -- great britain -- early works to . great britain -- history -- civil war, - -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no by the king. a proclamation to inform all our loving subjects of the lawfulnesse of our commissions of array, issued into the severall count england and wales. sovereign c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion c r diev et mon droit honi soit qvi mal y pense royal blazon or coat of arms ❧ by the king . a proclamation to inform all our loving subjects of the lawfulnesse of our commissions of array , issued into the severall counties of our realm of england , and dominion of wales , and of the use of them : and commanding them to obey our commissioners therein named , in the execution of their said commissions . whereas by the laws of this land , the ordering and governing of the militia of the kingdom , for the preventing and suppression of all invasions and rebellions , hath ( as a most known and undoubted right and prerogative ) belonged in all times solely to our self and our progenitors , kings of england . and accordingly we have heretofore awarded commissions of lieutenancie into the severall counties of this our realm , for the governing and exercising of the souldiory and trained bands there , like as queen elizabeth and our dear father , both of happy memory , had done before us . and therein ( amongst other things ) gave power to the commissioners in each county , to levie , call together , arm , array , train , and muster our subjects inhabiting in the said severall counties , and to conduct and lead them against all our enemies , and all rebels and traitors from time to time , as often as need should require . all which commissions ( although we did , since the beginning of this parliament , grant the like for the county of york , to the now earl of essex , with the privity of both our houses of parliament , and without exception from either ) have , without hearing any of our councell learned , been since voted in our said houses of parliament to be illegall and void ; the reason whereof we have not yet been informed of , nor can imagine : for that neither any illegall clause ( if any such be ) in those commissions , nor any excesse or abuse of their authority , by any lieutenants or their deputies , in raising of moneys , taxing of the inhabitants , or otherwise could , by law , make void any such powers as in themselves were lawfull to be granted and put in execution . and whereas , in case of danger and necessity , it had been more sutable to the condition of the times , and the good liking of our subjects ( who cannot be well pleased with any new wayes , how specious soever ) that our houses of parliament should ●●●e taken order that our commissions of lieutenancie ( the course whereof had so long continued ) should , for the present , have been put in execution , at least wise such part thereof as was undeniably and unquestionably legall , and was sufficent for the purposes before mentioned , or that ( according to the like presidents in former times ) they would have desired us to have granted new commissions of that nature , omitting such clauses as might justly have been excepted against , which we would not have denied ; and not to have called in so suddenly for those commissions to be cancelled , as was done ( though we know not by what law ) in our house of peers . yet notwithstanding , our two houses of parliament , in stead of such our commissions , under pretence of evident and imminent danger , and urgent and inevitable necessity of putting our subjects into a posture of defence , have made a late order for the setling of the militia , under the name of an ordinance ( which two or three severall times had been refused by the major part of peers ) and being made , not onely without , but against our consent ( the reasons whereof are sufficiently known to all our subjects ) is not onely without any one warrantable president of former times ( as we beleeve ) but ( as we are well assured ) void in law . wherefore , out of the care which we have of our people , lest under the pretence of danger , necessity , and want of authority from us to put them into a military posture , they should be drawn and ingaged in any opposition against us or our just authority ; and that they may know they are by us otherwise provided for , and secured against all just causes of fears and dangers from any force in a legall way ( for we are resolved to rule and govern our subjects according to our known laws onely ) we have thought fit , for the present , hereby thus timely to publish and declare , that we have awarded into the severall counties of our kingdom of england and dominion of wales , our severall commissions of array , thereby giving power to severall persons of honour , reputation , and estate in the said counties , for the safety and defence of us , our kingdom , and our good subjects from time to time , as it shall be needfull to array , train , arm , and muster our subjects inhabiting in the said counties , and in case of imminent danger to conduct and lead them for the destruction of our enemies , and in the defence of their countrey and the kingdom . which power of granting commissions for the defence of us and our kingdom , as it is inherent in us , and inseparable from our crown , so it hath been warranted by presidents of the like commissions in all ages , both before and since the grant of the great charter by king henry the third , down to the very time that commissions of lieutenancie were granted , and was agreed to be legall even by the two learned judges , sir george crook , and sir richard hutton ( amongst all the rest ) in their arguments , which concluded on the subjects part in our exchequer-chamber in master hampdens case , as by the same ( now since printed ) may appear , together with divers particular records in severall ages therein mentioned , to which many more may be added . and in these our commissions , to prevent all manner of exception , we have , in the powers given to our commissioners , in all points followed that commission of array , which was agreed upon by the king and both houses of parliament , after conference with the judges of the realm , in the fifth yeer of king henry the fourth , and was done upon the desire of the commons , to have some alterations from former commissions in certain overstrict clauses , whereunto neverthelesse no exception was taken for the legalitie , but the kings assent acknowledged as an act of great grace , as appeareth by the parliament rolls of that yeer . since which time commissions of array have frequently issued for prevention of danger , either of enemies abroad or at home ( in both which respects our houses of parliament have voted this kingdom to be in danger ) the same being indeed the old ordinary way for the preservation of the king and kingdom , who must not delay their preparation till such danger break forth into action , and so perhaps prove too late . and these commissions of array were not discontinued , till by reason of the commissions of lieutenancie ( which in substance contained the powers given by those commissions of array ) they came to be of little use . and , whereas by the statute of the fourth and fifth yeers of the reign of philip and mary king and queen of england , it is enacted , that if any person or persons that shall be commanded generally or specially to muster afore any such as shall have authority or commandment for the same , by , or from the king , or by any lieutenant , warden , or other person or persons authorised for the same , do willingly absent him or themselves from the same musters , having no true and reasonable excuse of sicknesse , or other lawfull impediment , or at their apparence at such musters , do not bring with them such their best furniture , or array and armour , as he or they shall then have for his or their own person in readinesse , that such person or persons shall , for every such default and offence , incur such penalties , and to be inflicted in such manner as by the said statute are limited . which statute is in full force . we do therefore , by this our proclamation , expresly charge and command all our sheriffs , justices of peace , majors , bailiffs , constables , and all other our officers , and other our loving subjects of our severall counties of england , and dominion of wales respectively , that they be attending , aiding , assisting , counselling , and at the commandment of the said commissioners of our severall counties respectively in the execution of their commissions , as they will answer the contrary at their utmost perils . and although we can nothing doubt that any of our loving subjects shall or will oppose or hinder our said commissioners in the execution of their said commissions , by putting in execution any power touching the militia , not warranted by our authoritie , or otherwise disturbing our said commissioners in execution of our service , considering the extreame danger wherein such act may upon the severall circumstances , by the strict construction of the law involve them : yet , lest any ill-affected persons , too far presuming upon our clemency , and in hope of impunity or pardon , should dare to off●nd us , and our laws , contrary to this our proclamation ; we do hereby declare to all our subjects , that whosoever shall , after this our proclamation published , do any thing in opposition of our commissioners , by disobeying their commands , according to law , or putting in execution any other command concerning the militia of our kingdom , contrary to law , we shall account them unworthy of our grace and mercy , and such as must expect , that justice ( how penall or capitall soever it be ) shall be done upon them according to their demerits . given at our court at york the twentieth day of june , in the eighteenth yeer of our reign , . imprinted first at york , and now reprinted at london . . master hollis his speech in parliament the , of march wherein is contained his declaration concerning the kings atturney generall for his abuse given to the house of commons in the accusation of high treason against the sixe members of the house : as also his advice concerning the last commands issued from the said house. speech in parliament the of march, , wherein is contained his declaration concerning the kings atturney generall holles, denzil holles, baron, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing h ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing h estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; :e , no ) master hollis his speech in parliament the , of march wherein is contained his declaration concerning the kings atturney generall for his abuse given to the house of commons in the accusation of high treason against the sixe members of the house : as also his advice concerning the last commands issued from the said house. speech in parliament the of march, , wherein is contained his declaration concerning the kings atturney generall holles, denzil holles, baron, - . p. printed for andrew coe and marmaduke boat, london : . reproduction of original in thomason collection, british library. eng great britain -- politics and government -- - -- sources. a r (wing h ). civilwar no master hollis his speech in parliament, the . of march. . wherein is contained his declaration concerning the kings atturney generall, holles, denzil holles, baron a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion master hollis his speech in parliament , the . of march . . wherein is contained his declaration concerning the kings atturney generall , for his abuse given to the house of commons , in the accusation of high treason against the sixe members of the house . as also his advise concerning the last commands , issued from the said house , london , printed for andrew coe and marmaduke boas . . the speech delivered by mr hollis one of the members of the house of commons , now conjoyned in parliament . with his arguments against master harbert , his majestiés atturney generall , for drawing the articles of high treason against himself , and the other five members of the said house . master speaker , the subtilety , policy , and dubious wayes , bearing rule in a man corrupted , whose evill actions come within the compasse , and justly claim the due reward of exemplary punishment , is alwayes working ; although by the destruction and utter delabition of the vertuous , and innocent ( whose words and works , actions , and endeavours , can be termed to lay holds on nothing but realties ) to cleer himself : the actions , conditions , and endeavours of the good man , being alwayes the contrary , there being no vicissitude or coherence with them , in respect they are meer opposites , the one seeking to performe his duty both to god and man , through his true dealing for the truth , the other seeking what in him lyeth for the advancing of impiety : the good man joyning with his practise , is daily labours for the defence of vertuous and pious designes ; thereby seeking with vigilancy to bring the malignant persons to deserved punishments , it being a work , which in conscience is due both to god , his king , and country . first , to god in respect of religion , and the true and reall faith , we now professe in the church of england , without which we are nothing , being no lesse then meer atomes to the world , and the just antipothes to a ground faith . no faith can stand without that true foundation of christ ; no grounds of salvation can be had , but by and through those extraordinary merits and sufferings , which we are partakers of in christ : if so then does our saviour daily suffer in the instigations , and quotidiall provocations against him ; all which are violated by those ( who are many ) malignants to the truth . secondly , to the king , what greater abuse can there be to his sacred majesty then by the continuall sufferance , the subject endures through the ill counsell administred to our soveraign , being done under the colour of loyalty ; yet in proving in matter no better then flat abuses to this whole kingdom . thirdly , if that god and the king , so much suffer by the aforesaid means , the poor subject and country can do no lesse ; witnesse the daily disturbances which are now a dayes , being so many , that there is no county almost within this his majesties dominions , but hath delivered their humble petitions to this honourable assembly , for removeall of the said grievances and the deprieving of the aforesaid persous of their usurped authority . master speaker , it is palpable enough that the wicked man , cares not though he dishonours god in the highest degree may he but defend himselfe and vices , thought to the utter abolishing of religion , king , and countrey , ( as aforesaid ) if opposite to his designes . wee have had the experience of the evils and great troubles that have beene raised , this state by ill instruments men of power and authority in the same , and not onely of publique misedoers and open enemies , but also of many private disaffected spirits , whose outward carriage hath procured to themselves great esteem and respect in their county . nay so well have they been approved on , that their countrey hath not misled them , with both their estates and priviledges , as electing them members of this high court of parliament ; wherein also for a long time , they have discharged their duties to their king and countrey ; nay and attained the generall estimation , and respect of all men , as worthy members of the common-wealth ; but their hearts disagreeing with their outward qualities , being not upright and perfect , have at least shewed themselves in their perfect colours , and brought themselves to shame and dishonour . master speaker , i have hitherto spoken of nothing but generalls : now i intend to insist upon a perticular , being the gentleman , who as yet stands accused by this honourable house , his majesties atturney generall , who hath been a man , upon whom all these honours aforenamed , have been conferred in the parliament , and no le sse esteemed by his majesty ; his place therein being sufficiently honourable , he needed not to have proceeded so farre as to prive ambitious , or malitious ; which of the two i cannot nominate , nor am able to distinguish , was his errour , or whether he is guilty of both ; how ever , it does appear , his heart was not right in discharging his duty in that great place committed to him ; and as he was a member of the parliament , had he been faithfull to his king and country , he had never undertaken this enterprise to accuse us of treason , and draw the accusation against us himself ; for which we have already , and further are bound to answer . master speaker , his offence is of a high nature , of dangerous consequence , a manifest breach of the priviledges of parliament , an apparent treachery ( if found to rely upon him ) against those accused members , of which i am the least , yet moved to speak in the cause , the offence is generally against the whole state , deserving great punishment for the same . by this he hath made himself guilty of those misdemeanours , that other delinquents have been impeached , and accused for , and nothing inferiour to them in their crime . this designe was a great offence ( if by him advised ) against his sacred majesty himself , in seeking to work an evill opinion in him concerning his parliament , and their proceedings in the great affairs , of both church and state . this is the matter that discourages this honourable assembly in proceeding in such businesses as may be for the honour of their king and country ; when they peceive that all their endeavours , and dutifull actions , are not well accepted by his majesty , this and such like ill councells hath caused all this distraction in the state . master speaker , the charge is apparent against him , the accusation is apparent before ( as though voyde ; ) therefore i in behalf of the rest of the members , most humbly desire you would proceed to voting him upon the same , as he shall be found guilty , and his reward may be contributed for the same : i for my part have performed my promise to those other members accused , in moving you in the businesse ; to whose consideration i now leave it , as being best able to determine of a matter of so great weight . finis . a paper delivered and dispersed by sir william killigrew. killigrew, william, sir, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing k thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) a paper delivered and dispersed by sir william killigrew. killigrew, william, sir, - . sheet ([ ] p.) s.n., [london : ] dated at end: june, . imprint from wing. reproduction of the original in the british library. eng drainage -- england -- lincolnshire -- early works to . lincolnshire (england) -- history -- th century -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no a paper delivered and dispersed by sir william killigrew. killigrew, william, sir a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion a paper delivered and dispersed by sir william killigrew . i. by reason of the many greater affairs in parliament , the bill for perfecting the earl of lindseys fens , hath not yet found a time to be read : by which unhappy delay the season of this yeer is neer spent for works of this nature ; and if the work begin not till next summer , the profit of that yeer must be also lost . by this unhappy delay also new obstructions are now raised against this publick work ; for i am credibly informed by several persons of quality , that the people have been lately invited and incouraged at boston to come up in great numbers to make new clamors , by telling them that they have a good cause , and but few friends in parliament ; that three or four onely spoke for them ; that when the vote passed , but thirteen were for the country , and twenty seven against them ; that their fens would be lost unless they did come generally up to petition ; and if that failed , then they should bring up their wives and children to the parliament door , and there leave them . ii. i do conceive , by these invitations and incouragements , many poore ignorant people are perswaded to signe petitions they understand not , and may be did never see . and to make the noise and clamour greater , many rich men of boston , with others bordering on the eight hundred fens , are now come up ( who would have no draining , that so themselves with their great stocks may still continue to eat out the poor commoners , and do therefore well to declare in their last friday books , that the poore commoners have no interest in the fens , but by their landlords right : which is a pretty preamble to rob the poor people of their commons , in case their designe should follow of inclosing all the commons . ) these men also are now come up to petition against the drainers , in hope to stay the act from passing , thereby to keep the said eight hundred fens from being drained , and thereby to defraud the state of eight thousand acres in that fens belonging to the late king , as lord of the soyle , and drainer of the said fen. iii. i shall not trouble my self to answer their railing books given abroad on friday last , because the substance of the same books hath by them been published long since , and long since fully answered by books of mine : nor much value what their petition or themselves can say after so many yeers hearing , and such full debates at so great a committee , where all the house had voices ; and after a bill ordered by this honourable house to be brought in to perfect the said draining : for i do humbly conceive , there being no new act done by the drainers , these mens repetition of old clamours fully answered , can signifie nothing but some few mens endeavours to delay the act , in hope to starve the drainers while the cause depends ; filling mens ears with terrours of the peoples discontent , as if two or three hundred riotters , with their abettors , signing a petition , or as many rich mens coming up with a petition were the voice of the whole people of lincolnshire ! and as if all england did desire the fens should not be drained ! when as most of this nation do wonder that any should oppose so generall a good . iv. i do glory in my part of the merit of this work , because i may safely say that no work of this nature was ever carried on with a more generall consent , and applause of the most eminent lords , owners , and commoners of the country ; or with more equity pursued , or lesse prejudice to any man , or hath produced a greater improvement ( i mean proportionable to its quantity ) nor hath any such work been brought to a greater perfection . in consideration whereof , i cannot apprehend that the whole land shall be taken from us ; but my fears are , lest some artificiall delayes , or prejudiciall accommodation be found to bring us to ruine , to wit , by recompencing our charge , hazard , and losses , which the whole twenty foure thousand acres will not now do , nor can the countrey ever perform it by a sum of money , though they and we should agree to it . my onely hope is , that the parliament will think it just and honorable to settle us by the same like act with bedford-levell , having the same title and merit . in which act there are provisoes to meet with , and prevent all mischiefs and inconveniences which have , or may happen to any person concerned in this work of draining . it is therefore a vain thing by petitions to anticipate the intentions of the parliament , who intend so much their good , if lindsey-levell be established by the like act with bedford-levell ; the profit of these works being done , will encourage the draining of all the fens in england , as a high improvement to the publick good of this nation , and therefore worthy of the parliaments protection ; for which there are arguments enough to convince any opinions to the contrary . june , . william killigrew . a just defence of john bastwick. doctor in phisicke, against the calumnies of john lilburne leiutenant [sic] colonell and his false accusations, vvritten in way of a reply to a letter of master vicars: in which he desires to be satisfied concerning that reproch. in which reply, there is not onely the vindication of the honour of the parliament, but also that which is of publike concernment, and behooves all well affected subjects to looke into. printed and published with license according to order. bastwick, john, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing b thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) a just defence of john bastwick. doctor in phisicke, against the calumnies of john lilburne leiutenant [sic] colonell and his false accusations, vvritten in way of a reply to a letter of master vicars: in which he desires to be satisfied concerning that reproch. in which reply, there is not onely the vindication of the honour of the parliament, but also that which is of publike concernment, and behooves all well affected subjects to looke into. printed and published with license according to order. bastwick, john, - . vicars, john, or - . [ ], , - p. by f. leech, for michaell sparke junior, and are to be sold at the blue-bible in green-arbor, printed at london : . includes the letter from john vicars. variant: after p. pages are numbered: , , , , , , , , , , , . annotation on thomason copy: "aug: ". reproduction of the original in the british library. eng lilburne, john, ?- -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason e _ ). civilwar no a just defence of john bastwick. doctor in phisicke, against the calumnies of john lilburne leiutenant [sic] colonell and his false accusati bastwick, john d the rate of defects per , words puts this text in the d category of texts with between and defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - elspeth healey sampled and proofread - elspeth healey text and markup reviewed and edited - pfs batch review (qc) and xml conversion a ivst defence of john bastwick . doctor in phisicke , against the calumnies of john lilburne leiutenant colonell and his false accusations , vvritten in way of reply to a letter of master vicars : in which he desires to be satisfied concerning that reproch . in which reply , there is not onely the vindication of the honour of the parliament , but also that which is of publike concernment , and behooves all well affected subjects to looke into . printed and published with license according to order . printed at london by f. leech , for michaell sparke junior , and are to be sold at the blue-bible in green-arbor , mr. vicars letter to dr. bastwicke , concerning leiutenant colonell lilburne . mvch honoured doctor , and my most worthy friend , being abroad this saturday , i heard that mr. iohn lilburne , hath again printed another lavish letter , which i have not yet seen or read , wherein , together with others , he hath sorely , and i am perswaded most unjustly taxed you , to have done him a great deale of wrong , in his late miscarried businesse about the parliament , whereas i have ever observed that you have alwayes , since you were first acquainted with him , shewne your selfe his singular good friend , ready to do him all good in word and deed , yea and in these later times of his uncomely miscarriages have spoken very tenderly and friendly of him ; and therefore i cannot ( i say ) be persawded that you have given him any just cause so to complaine or exclaime of you , i therfore humbly desire you ( most honoured sir ) to vouchsafe to satisfie and certifie me in a word or two , whither any such thing be betweene you or not at this time , though i say for mine own part i am confident of the contrary , but , then i shall be the more groundedly able upon occasion to vindicate your integrity and innocency therin , and the more fully to stop the mouths of any other traducers of you herein : thus , most noble sir , whom from my soule , for your faithfulnesse to god and his truth , i can never sufficiently prize and honour , praying pardon for this my boldnesse , emboldned therunto by your own christian candor and even genuine ingenuity , with the humble tender of my best services to your most worthy selfe and vertuous consort , i ever rest , yours in his best poore services , in the lord to be commanded , aug. this th . john vicars . a iust defence , of john bastwicke , doctor in physieke , against the calumnies of iohn lilburne , leiutenant colonell , and his false accusations . mr. vicars ; as i have ever found you a truly loving friend to mee and mine heather to , and that in my greatest adversity and hottest conflicts , which with all thankfulnesse i doe acknowledg , and have with reciprocall affection answered your love : so i hope there shall never on my part , any just occasion bee given of violating this our mutuall affection : for to the uttermost of my abilities , i shall endeavour to keepe peace with all men especially my christian acquaintance . and so confident i am of your good opinion , that there is not any calumny how high so ever it fly , and how loud soever it speake , and by what multitudes soever it be spread obroad and divulged , that can in the least alienate your charity from me before you have heard my just defence . and truly at this time though i should not returne an answer to your letter in way of justification of my owne integritie , so assured i am of your love , that al● those foule aspersions that are now causlesly published concerning me , by reason of a letter printed by leiu . col. lilburne should not in the least stagger your good esteeme of me or estrange you from me : much lesse would they extort a censure from you before you had heard what i had to reply in my owne behalfe . but seeing you have desired for the satisfaction of others to heare from me concerning the busines between me and the leiut. colonell , i thought fit to gratifie you in a few lines , not that i am sollicitous about that matter , or that it doth in the least trouble my minde , or disquiet my thoughts : for such is my innocency in this cause , that besides the testimony of my owne conscience , i have the witnesse of the whole parliament , the great councell of the kingdome to acquit and free me from the colonells crimination : so that all men may see that it was malitiously laid upon me , onely to make mee hatefull to all good people . you know that calumny ( who is quicker then martiall law ) doth ordinarily arraigne , accuse and condemne men before they have beene heard speake for themselves , and men are usually put to death and murdered in their reputation , and their fame taken from them before they know of it : and thus at this time it hath hapned to me , who am made as odious and infamous as the tongues of revilers can make me , and that upon no just grounds ; as you shall see by and by . it is a sinne that many in this nation are highly gui●ty of , who deale not with others as they would be dealt with , and easily receive a reproach against their neighbour , both which notwithstanding are against the royall law of love . neither is there any man that would not complaine if one should either spread an evill report of him , or imbrace one against him ; yet that they condemne in others is the practise of too too many in these our dayes : and they that sit at the sterne of government canno● keepe themselves from the obliques of such as owe their lives unto them for their care and watchfulnes for their good , and therefore we that are of the low degree may not thinke our condition miserable , when we see our rulers and the chiefe magistrates of the kingdome , and that not onely in tongue and word , but in every scurrilous pamphlet , hour●●● traduced : but now to the matter in hand . you tell me , you heard that master john lilburne hath againe printed another letter , where in together with others , 〈◊〉 hath sorely taxed me , to have done him agreat deale of wrong , &c. what he hath published concerning others , i leave them to an●wer to that , but what hee hath printed concerning my selfe , it is most false , and no way beseeming him a brother , so to deale with one , that had loved and honoured him , more than he did himselfe , and so farre , i have ever beene from wronging him in the least measure as all that know me , or ever heard me speake of him , when he was accused of pride , rashnesse , malversation factiousnesse of spirit , &c. i say , when i have heard many bla●● him , as well friends as en●mies , they can all witnesse for mee , hee had ever my good word , either wholly to excuse him , and vindicate his reputation , or at least to extenuate his offence : so that i am not in the lest thing guilty of disaffection to him , much lesse of that , hee layeth to my chrge , yea , had it beene true , that hee chargeth mee with , yet it had beene no more a cryme in me , then it was in himselfe , when he not only communicated a businesse concerning col , hollis to mr. samuell goose , but afterward made it knowne to some members of the house ; which saith he , we did without any designe in the world saving the discharge of our duty . thus he speaketh in his letter concerning himselfe and master goose : now if they thought it a discharge of their duty , to informe the house of such things as concerned the state , because robinson said he would justifie it to the death , why should any thinke it a crime in me , to informe the par●iament of those things that others affirmed ▪ with as great a probability of verity as robinson did ? especfally when it concerned the whole kingdome ? yea in the th page of his letter hee speaketh of three citizens , that were come downe from london to westminster , namely master prity a draper and one of his neighbours in dowgate ▪ and one master worly that lives about morefields , and all these ( saith he ) were come downe to westminster , and did give information to . members of the house of commons , namely to colonell r●gby , sir walter earle , col. long , and masterr corbet , concerning sir john lenthall and the speaker , as they had heard it from others , and the which was knowne ( as he affirmeth ) to thousands of citizens by the hearing of the eare : and all this the colonell in his letter , saith , those men were informing the house of ; when he came to westmin. and in all there so doing i do conceive he thinketh they did but their duty . why therfore should the very same men , thinke it so hainous a crime & offence now in me , if i made the same information it to the whole house , which they had done to some perticular members of was it a vertue in them , and a thing praise worthy , and it is a crime and p●aculum in me ? but it was against a friend and a brother to whom , i was exceedingly beholding . first therfore i shal desire you to take his own expression concerning the businesse , and after my reply . his words are these . it seemes doctor bastwicke ( a man that stands obliged to me , with as many tyes of friendship and respect , as i am confident he doth to any man in the world , for whom i have often both in england and holland adventured my life , and all that was mine , and for whose sake and cause , as an earthly instrument i underwent all the sorrowes and miseries , that i suffered from the bishops for diverse yeares together ) s●nt in a paper to the speaker to informe him , that i had accused him for sending threescore thousand pounds to oxford ( though with the said doctor bastwicke to my remembrance , i had not any discourse at all about any such businesse : for the discourse i had about that businesse was with leiutenant colonell roes , the scout-master generall , whom i brought up out of the guarden to the aforesaid three citizens , that had newly given in their information under their owne hands . master worley , one of the three , being leiutenant col. roes old acquaintance , told him more ( i am confident of it ) by many degrees , then before hee had from me . yet ( as i am informed ) upon doctor bastwickes paper● barely , the speaker g●t a vote ( before ever i knew any thing , though i all day waited upon the parliament ) to passe the house in these words . resolved upon the question by the commons assembled in parliament , that leiutenant colonell lilburne , ●ee forthwith taken into custody by the sergeant as armes attending the house , and so kept till the house give further order . this is his owne expression ; by the which it is manifest , that the information was made to four members of the house of commons , before my paper was sent in to master speaker , which was about three a clocke in the afternoone : so that i did nothing , but what had beene acted by the three citizens before . now if they were not base and paultry fe●lowes and knaves for doing this , then there is no just ground , nor cause why either leiutenant colonell lilburne , and mr. worley and there companions should asperse me with those odious tearmes , and many more , calling mee an apostate , as they have beene often heard speake , and for no other cause but for informing the house of that which they themselves had done before mee , yet all these calumnies i now under go from these men and of all their fraternitie , and for no other offence but for that they applaud in themselves for a vertue . but now for answer to that which leiutenant colonell lilburne chargeth me with , and for a replication to your request , know this master vicars , that it is most false , and that i may expresse my selfe in the words of a parliament man ( when he had read the printed letter ) it is a most impetuous lye , for so said a member of the house to me , that lilburne had printed a most impetuous lye against me , whiles he upbraided mee , and my ever to be honoured brother master william prynne of lying , and to speake the verity , i doe not thinke there was a more grosse and wilfuller untruth ever printed against any man : for i understanding that leiutenant colonell lilburn had given out that i had informed against him , i sent him word by one mistris barber , which told me that she was very sorry to heare that i should do such a thing against a brother and a loving friend and fellow sufferer , to whom i meerely replyed , that it was a groundlesse report , and that i never did it , and with all told her , that it was one hawkins , and desired her to signifie it to my brother lilburne , that he might be undeceived , and fearing that she should not relate it unto him , ( though she was then going to him ) and promised me that she would ) the next day finding him waiting on the committee , i blamed him that he should report such things of mee , and told him that hee had exceedingly wronged me in so doing , in raising such a report and withall signified unto him that it was his friend hawkins that had accused him : notwithstanding all this , such is his inveterat malice towards me , because i writ against the independents , that he printed that falsehood against mee , only as i suppose to bring an odi●●s upon me through the kingdome ( for his letter is now as publike as weekely newes , and in every hands ) and i am induced to beleeve that this was the designe both of himselfe and those that are of his society , because it hath ever beene their ordinary practice , to abuse such in tongue and print withall manner of callumnies and blasting language as they think malignant and leiutenant col. lilburne by name , is notorious , and famous for this faculty of reviling , as this his printed letter doth specifie and his many other pamphlets , and that which not long since he printed against col. king a lincolnshire gentleman who had deserved as wel from the parliament and his country ( if famelye not ) as most of those that have bin in publike service for the state ▪ and who exposed himselfe to as many dangers , and did as faithfully discharge his place and the trust committed to him as any man : yet this man , because he opposed the independent party , and would not whiles he was in come mand , suffer them in a disorderly manner to leave the publike assemblies where the word was faithfully and orthodoxly preached and vent their own novelties , to the seducing and misleading of the poore people and making a faction in church and state : for no other ground ( i say ) that ever i heard of , saving that he being a man not only of integrity , but wisdome also and courage , and could not indure to see his country-men made a pray of to pur●oyners , and such as aymed more at their owne honour and private emolument then at the publique good and dignity of the parliament ; for these very causes and no other , that ever i could learne what i say with that party hating him , and the independents joyning with them , by their false informations and clamorus against him and their malitious suggestions , as that he was of a troublesome and contentious spirit , they have made him as odious as any man in the kingdome , excepting my selfe and my learned and honoured brother mr. william prynne . and lieutenant colonell lilburne not satisfied to raile of this gallant gentleman wheresoever he came , but printed a most notorious lying libell against him , and such an one , as all the truly godly and honest men of that county doe affirme , they never saw more prodigious untruthes published against any man : and such of his country men as are acquainted with him and his abilities know very well , that if hee had but faire play , hee is able for wit and worth to deale with a whole army of indepents , and all his enemies , and for valour and skill in armes he is inseriour to none of them , and whiles hee was in their good esteeme , and before hee opposed their faction , they neither thought nor spake otherwise of him , but as of a brave and diserving gentleman as can be prov'd by a cloud of witnesses and under the hands of the best of them : but now , because he is adverse to theer way , as with all good reason , hee and all good men , such as love the peace of sion , and the welfare of the kingdome , ought to bee , to their whimsy of independency , therefore that party and their abbettors do most horridly abuse him with all manner of reproaches , and my brother lilburne by name , ( as i said before ) hath published such beastly lies of him , as scarse the sunne ever saw greater , and in the same tracke and path do all the independent faction walke in , blasting all those they hate with vilifying language , and for this very end and for no other purpose , i perswaded my selfe he published that lye against me , that he might make me despicable , and of no reputation amongst honest men : for in his accusation , hee chargeth me with two crimes , lying and ingratitude , either of which were enough to make mee infamous through the world , much more they being both joyned together , and that with aggravation for there is nothing that all ingenious men hate , & abhorre more then alyat , and an ungratefull fellow , and that deservedly neither can any honest man keepe such men company with safety , as are guilty of those crimes . and truly , if i were such a man , the world might justly distaste and abjure mee . now to prove me a lyer , he thus argueth . the doctor ( saith hee ) sent in a paper to inform the speaker , that i had accused him for sending threescore thousand pound to oxford , though with the said doctor bastiwck i had no discourse at all about any such businesse . and therefore he is a notorious ly●t , to affirme that i accused master speaker , when i had no discourse with him about any such businesse . and to prove me an ungratefull fellow , and one that had done him evill for good , which is yet a degree of sin above ungratitude : hee thus dispureth . doctor bostwicke , a man that stands obliged unto mee , with as many tyes of friendship and respect , as j am confident he doth to any man in the world , for whom i have both in england and holland , adventured my selfe and all that was 〈◊〉 , and for whose sake and cause , as an earthly instrument i under went all the sorrowes and miseries that i suffered from the bishops for divers yeares together . and for this man to make an information against me and thus to reward mee , rendring me evill for good , he proclaimes himselfe to the whole world to be an unworthy and ungratefull man , and therefore ought deservedly to be abhorred and abominated of all good people , as a lyer & an unthankfull fellow , and this is the scope of this gallant sword-mans disputation , to wound and distroy his brothers reputation , and this effect it hath allready produced , that amongst all those of that fraternity ( for they take all pro confesse that he either speaketh or printeth ) they talke no otherwise of mee then of a base fellow , calling me knave and paultry fellow at every word , and this dialect they have learned of lieutenant colonell iohn lilburne , who when hee speaketh of me , giveth me no other name , although it is well knowne untill i had declared my selfe against independency , there were no praises though great enough both for me and my brother prynne , such is the ficklenesse and vanity of the poore creature , one day crying hosanna , and another day crucifie him , if in the least ye displease his humour , and so hee dealeth with the parliament , who , but the parliament not long since with iohn lilburne ? and now they are a company of tyrants ? and the supreame court of judicature is with him as bad as the high commission , and the star-chamber , and worse and all the judges in the great councell , as bad as strafford and the prelates , trampling downe magna charta , and the liberty of the subjects under there feet , so that if their dealings towards the subjects be just , he professeth he hath lost his judgment , and must beginne to learne a. b. c. againe , &c. but to wave his dispising of government , and rayling of dignities , a sin which god so much abhorrs , pet. . iude and which belongs to those in authority to redresse , and whom it most concernes . i come to his particular charge against mee , and first , where hee accuseth mee that i put up a paper against him to the speaker , hee beginnes his crimination with calling , for i never put up a paper against him , neither did i ever in my life inform against him unto any parliament man , or ever open my mouth to any of the house in his least prejudice to this present day , but have ever spoken well of him to the parliament , and for this i now say , all the parliament can witnesse for mee : and so farre i was from making an information against him about this businesse , that i knew not at that time , that hee had ever heard that mr. speaker was accused of any such thing , nor had not knowne it , had not hee himselfe in his letter signified so much that pendrid had told him such a thing , and therefore i could not informe against him , and in the first paper that i and colonell king put into the house , wee were so carefull of preserving others reputations , that we named none in it but haukings . but after we had sent in the first paper , and understanding from others , that hawkins varied in his relation , and whereas to us he had only by name accused master speaker , and sir robert harlow , saying that many more were equally guilty , and hearing that , to others hee in his relaton said there were ten more specifying a certaine number upon this new intelligence , we conceiving that if he would communicate these things to us which were strangers unto him , hee would much more impart his mind to his familiers and those of his owne faction , and seeing him in the company of many of that way from whose sosiety hee then immediatly came and related those things to us , we verily persvvaded our selves that hee had told them also the same things , and thinking vvith our selves if hawkins should deny his words as probably hee might , that then we might the better corroberat and strengthen our witnesse with their testimonies , which would also have added great force and life to our information as being men of reputation and of good esteeme and credit in the parliament , and against whom there could be no just exception or suspition of hatred to that party , they being independents and no presbiterians , i say for the strengthening of our witnesse , in the next paper wee sent in to the house , wee put in the names of some of those that were in hawkins company , as colonell iret●● , and lieutenant colo●●ll lilburn , for such was the honour we then bare to them , as we had thought to have had their testimony and witnesse , joyned with ours , ( in case that hawkins should have jugled with us , or denyed any thing he spake to us ) and truly colonell iret●n might as well have pickt a quarrell with none at lieutenant colonell lilburne , if he had beene of a malitious and contentio●s spirit : for all that wee intended by naming of them in the paper presented to the house , was for no other end , but to produce their testimonies with ours , if ( as i said before ) hawkins should have denyed his words . and whether the naming of these men were any wrong to them , or any just cause of a quarell from lieutenant colonell lilburne , i referre it to the judgment of any sober and discreete man ! but for the saitisfaction of your selfe master vicars and all good men , teke the information as it was put up in its formall words , which i am not now affraid to publish because the businesse is now in print by iohn lilburne , lieutenant colonell , and is now publikely knowne : and because also the innocency of the parties accused , is novv vindicated and commonly taken notice of , there being nothing made good against them , so much as vvith any seeming probability , much lesse proved it being vvell knowne also , that there vvas not any one of reputation that vvere either the accusers or prosecutors of the businesse . but the last information that vvas put up into the house of commons vvas this ; colonell ireton , lieutenant colonell lilburne , havvkins , and others , having beene serious in discourse in the court of requests ; havvkins comming immediatly from that company said there were strange things discovered against many members in the house of commons , and went as high as the speaker , against whom it would be prov'd , that hee had with his owne hand sent threescore thousand pounds to the king to oxford , and that many members had made their peace , and done strange things , amongst whom sir robert harlovv was one , and that if god had not blest our army to be in a good condition , the very discovery of these things , would have beene enough to have undone us all . these words were spoken by hawkins before us , and we are ready to witnesse the same . edward king . john bastwicke . these mr. vicars , are the very words wee put up to the house , now i appeale unto the judgment of all juditious and moderate christians , whether there be any one word of accusation either made by me or colonell king , against lieutenant colonell lilburne , so that it may now appeare unto all men , that it was a most malitious lye , fained against me by my good brother lilburne , and published only to defame mee : and which is more to bee taken notice of , that howsoever there were many more besides my selfe tha● put up informations to this purpose against hawkins , and in this very paper colonell king by name joyned with me , and that in the first place , yet hee baukes them all and singles me out to make the theame of his scurrillity , and expose mee to the hatred of all good men . so that now m. vicars i am confident that you & all who shal see this are satisfied by my just defence for this first point , and so you will all free me from his accusation , and accompt him for his paines a meere calumniating lyer , as hee most justly deserveth . and now i will answer to his other cryme of ingratitude . but that you master vicars , and all to whom you shall communicate it , may the better see into the temper of this man , and all that are of his faction , i shall now communicate unto you , first the originall and beginning of my acquaintance with mr. iohn lilburne and of the mutuall affection and reciprocal . offices that passed betweene us untill hee fell into the boysterous way of seperation & did prosecute it vvith , such violence : and then i will relate unto you his carriage of late towards me , besides his aspertions , in his letter of lying and ungratitude , and with all tell you some words and passages also of those of his faction , and how causlesly they have abused me in word and deed . when i was a prisoner in the gate-house , i lay there a whole yeare , & a halfe to my best remembrance , before i saw any citizen in london , saving my owne kindred , and such people as in whose houses i had lodged , when i was forced by the tyrany of the times and my malitious enemies , to wait upon the courts of iudicature all the tearme time , for there was scarse a court in the kingdome where , tom newcomin , danet , and richard daniell , those impious and treacherous fellows out of the rancor and hatred had not put me , notwithstandiug i had bin a meanes to preserve the said daniel , the brother of thomas newc●min from the jawes of famine , as all the people of col●chester can witnesse , yet all they conspiring against me out of malice , hoysted me up into the court of chancery , kings bench , high-commission , &c. so that i was constrained to dance attendance all the terme long upon one court or other for many yeares together , untill i was by their prosecution cast into prison , so that of necessity i was forced into some acquaintance , at for my freinds generally , they were like the rivers of arabia , when i vvas in the greatest heat of affliction , and had most need of them to refresh mee , they vvere all dryed up , and as iobs and davids friends , either out of base feare of the beast , they stood a farre of , and so declined me , or else proved miserable comforters and added affliction to my bonds , so that i found that of solomon true , confidence in an unfaithfull friend , is like unto a broken tooth or a foot out of joynt , for as a broken tooth and a foote out of joynt , not only fails men vvhen they have the greatest need of them , for their sustinance and supportation , but paine , hurt and anoy them , and many times exceedingly torment them , even so it happened to mee , they seldome came to mee , except it were to rate mee , and revile mee , and joyne with my enemies , yet though they fayled mee , i had got some acquaintance by these my sufferings , who now and then came to visit mee , and were kinde unto mee , and these excepted , no citizens did ever accost me , or come nigh mee in all london for eighteene moneths . and that which also made me not regarded , nor looked after , some black mouthed physitians that made religion their stalking horse to get into practise , one of the which also , stood really obliged unto mee , in as many obligations of respect and frindship , as lieutenant colonell lilburne falsely affirmes , i stand bound to him , and yet this man also forgetting al courtifies and humanity , for no other reason , but because i could not applaud all his distempers joyned with the other men unknowne to mee by any familiarity , and with whom to this present day i yet never changed a word , and they all as it were in a confedracy combined together to defame mee , and spake all manner of evill of mee ( and continue the same trade to this day ) so that in the judgment of all the citizens that heard of mee and through their calumnies , i was thought worthy of no pitty , and esteemed of a● man no way to be regarded : yea i was condemned by the most of them that heard of mee , as an evill doer , and my punishment thought to little for mee , and they spake generally of mee as of a debaushed fellow and a madman : and all those aspertions were laid upon mee partly out of malice , and partly for feare , least any should make use of mee for their physitian , for they were sure they should ever find mee at home , when others perhaps would be in the country when they had greatest need of them , & therfore for feare ( as i say ) least i shold hinder gri●●s from comming to their mi●l , & out of envy they often traduced me , and vilified me every where an ordinary practise especially of the independent physitians , and all that i now say master vicars , i think you in part can witnesse : so that i remained a prisoner of hope , destitute of friends and in a despicable condition , and knew not the face of any citizen but my kindred , and some few that i formerly made mention of , untill one mr. wharton an old disciple , an honest and a godly man , was sent unto me by a doctor of divinity , as prelaticall a man as hee told mee , as any in england , which made the good-old man to wonder , yet hee being a learned man tooke pity of mee , and sent me twenty shillings in gould , which was the first present i ever received from any man of that function , forbidding him to tell me his name ( which hee concealed faithfully ) with this message also , that if i were in any necessity , i should make mr. wharton acquainted with it , and then i should heare from him , and hee likewise charged him to take a care of mee , ●elling him that he never read any puritans writings from which he had better satisfaction , and gave me hyperbolicall prayses as he related unto me ; whereupon the ould man began to aske mee , how i subsisted there , and i told him in particular , all my means that was left to support me to a peny ( and i blesse god i sp●ake it to his prayse ) i was as well contented with water-gruell in p●●●…lon as ever i was with greatest plenty at liberty , god blessing it to mee and mine , it sustained us and if my poore wife could purchase one rost joynt of meate in the weeke , wee thought our selves happy , and our little children would skippe as much to see a peece of rost meat on the suit , as others would do at any thing of greatest delight or wonder , and would cry out one to another rost-meat , roast-meat , that it would draw teares many times from my wifes eyes to heare them ( and that that i now speake the lord in heaven knowes it is true ) and all this while blessed be god , we had our health ; & looked well , and in this low and contented conditi●n we could have continued without starving , though wee had never had ayde from any mortall man , but i had a very loving kinsman ( whom you know well mr. vicars ) mr. s●rang by name , who suspecting the worst shewed me may kindnesses and his children likewise , and he lent me money upon any occasion , and that was no small comfort unto us , but otherwise i was friendlesse and helplesse , untill old mr. wharton by that docters meanes came to me who much incouraged mee , and intreated me i would write something in english , for the people ( saith hee ) understands not latine , and therefore can reape no benefit by your labours , neither will you ever be knowne unto them and so hee extreamly urged mee that i would write something in english , whereupon i demanded of him what theame hee would put me upon , by any meanes ( saith hee ) write against the bishops , for he could not indure them , they having utterly undone him two or three times and prosecuted him for the space of forty yeares , whereupon i told him that in few dayes i would do something concerning that subject , and perceiving that he was a good cheerfull , merry old man , i began with my letany which when he had heard it made him laugh as if hee had bin tickled , so that i never saw a man more pleasant at a peece of grillery . and the very day he brought some citizens of good repute into my chamber , who bestowed a dinner on mee , and after they had heard my letany once , they were so highly pleased at it , that they int●eated to heare it read again● , and desired each of them a copy of it , and at their departure they shewed themselves very christianly noble and kind , and gave me ten peece● , which set me up , and this was the first curresie that ever i received from any citizens that were strangers to mee , neither were they loving to me at that time , but now and then they both came and sent to mee , delighting in my company , so as they commended me unto their neighbours with compassion grieving as they said , that i should be neglected and no more regarded , and they read my letany to them also , and so from one to another , by this meanes i came to be knovne , and to be in esteme among some godly citizens , and to be acquainted with them , who shewed me many courtesies , vvhich vvas not a little comfort unto my bands vvhich i acknowledge with all thankfullnesse to god and them ( and all these were the old puritans of e●gland and now presbiterians , not one of them independent ) and this was the first occasion of my being knowne to the city , and not long after this , the good old father , brought me acquainted with some young men towardly and fearing god , and they also tooke pleasure in my society , and i was as glad of theirs , amongst the which was mr. iohn lilburne , who as his occasions permitted him , would now and then visit mee , of whom i had then as good an opinion , as of any young man in the towne , and conceived of him as an honest hopefull and godly youth , and gave him as good councell , as i could give to any , and loved , and esteemed of him , as i did of any of my christian brethren , and after some familiarity and more intimate acquaintance , he made knowne unto mee his condition , and told me ( as i remembred ) that he was now , either out of his time , or that it approached that he should be a free-man ; but withall related unto me , that his stocke was very small to beginne with ( and if my memory faile not ) he tould mee hee had but fifty or threescore pound for his portion , which saith hee , you know , is very li●tle to set up withall , ( but what trade hee was of i know not to this day ) and hee intreated mee , that i would be pleased to give him a copy of my let any , and my answer to the bill of information put up against me in the star-chamber , saying that hee doubted not but hee should get money enough by them , for he perceived that they were well approved of by all that read or seene them : whereupon i diswaded him from thinking of such a thing , telling him , that it would expose him to great danger , and that it might prove his ruin : but withall , i said , if that hee did really conceive or beleeve that it might bring any benefit unto him and might raise him a stock , that withall my heart , most willingly i would give it him , or any other copies of anything i had either in latin or english : but i told him for my letanies they were all gone , and i had never a copy left . then hee demanded where hee ●ight procure one , and i told him , that one master vicars a schoole master in christ church had one , and i thought that hee would be willing to let him have it , whereupon hee intreated mee to write unto you master vicars , and so i did earnestly , desiring you to let him have yours , which you most willingly and readily condescended unto : with all you may remember mr. vicars , that i used this argument to make you more willing to pleasure him , that hee was a hopefull young man , but he had but a little stock to begin with , and hee conceived that it might be a meanes the better to set him up , to which you the more willingly listned unto , and freely gave him my letany . and all this you can witnesse unto . whereupon john lilburne repayers to mee , returning many thanks , and tould mee with all , that hee had my letany , and was now taking his journey into the low-countries to print it , and brought with him a young man , whom hee said , he would imploy for the dispersing of his bookes , that he should send over before his returne : but i disswaded him for confiding in that man ( though i had never seene him before ) for i tould him i liked not his lookes , and i was afraid that he would betray him : but notwithstanding what i said , hee ●eied most confidently upon him , professing that he would put his life in his hands , assuring that hee had experience of his fidelity , and seeing that i could not prevaile with him to make use of some other , i left him to himselfe , telling him againe and againe , that i was perswaded hee would prove a false friend unto him , for hee looked like a knave . and all this john lilburne cannot deny , and as i tould him it came to passe , for he betrayed him to the prelates afterward , but it was carried so cunningly on the prelates part , and so craftely by that fellow , that it did not appeare to iohn lilburne that he was deceived , though it was palpable to all men besides . but now a word or two of john lilburnes successe in the low-countries , when hee came thither , hee made all speed to print the letany , with my answer to the bill of information , and it was no sooner published , but hee got threescore pounds cleerely by it in a few dayes , as hee himselfe hath often related it to mee and others , as i can prove : and had not that base fellow betrayed him , he might for ought i know , have gotten five hundred pounds by it : for never did any apolegy sell better : but as soone as the bookes were landed in england , and that , that judas had intelligence of it by john lilburnes letters , hee immediatly informed the prelate of canterbury of it , who could not endure the very name of my letany , and forthwith he sent downe a pursevant vvith plenary authority , to the place where they landed , and surprised all the books & burnt them there where he found them , ( if i have not bin misinformed ) & as soon as iohn lilburne was arrived he caused him to be apprehended & cast into rison and after to be censured in the star-chamber , and made him most barbarously and cruelly to be whipt , pillired , and gagged , and afterwards to bee most tyrannically abused in the goale , against all lawes both of god , nature , and all humanity , all which hee might have escaped , if hee would have followed my counsell , and had not trusted to his owne wit , and confided in that treacherous fellow , who was his overthrow . this is all true , master vicars , that i have now related unto you , and both your selfe and many more can witnesse for me , that i have not in my relation falsified any thing . now i shall desire you , and all those that shall reade what in truth i have written , to consider , whether i stand obliged to john lilburne , with as many tyes of friendship and respect , as to any man in the world ( as he affirmeth ) or whether or no , hee is not obliged rather to me in all those tyes of friendship and respect , that was so willing to gratifie him meerely , for a few visets : for i never at that time had received a farthing of mony from him of his own ? or whether he ventured his life in england and holland for my sake , or for his own profit and hope of gaine ? or whether hee underwent those miseries hee speakes of for my cause , or for his owne emolument and benefits which hee affirmeth ? all these things master vicars , i referre not onely to your judgment , to bee considered of , but to the wisdom and discretion of all moderate minded men , who if they shall impartially judge , i am most assured , they will determine that the obligation lyes on john lilburnes part towards me , and not on my part towards him , especially if they shall seriously way all other passages betweene us , which in the following discourse will appeare for i freeley gave him the copies of both my letany and answer , never expecting any profit to my selfe by them , or ever looking for any reward from him , or any other thing but his love . and i am most confident , if i could have beene mercenary , as yet i never was , ( who never tooke a penny of my printer for any thing i did ) i might have had forty pieces at least for the copies of them : and it will not be a difficult thing to prove what i now say . now then whether or no , iohn lilburne bee not for this my humanity obliged to mee , i leave it to all mens consideration . and whereas hee saith he adventured his life at home and abroad , and underwent all those miseries for my sake and cause , it is most false : for he exposed himselfe to all those dangers , as mariners doe to all the perills of sea , for hope of gaine , and of getting a livelyhood for themselves & their families ; and it is well known that iohn lilburne at that time was not so well instructed in the controversies of the church as uow he seemeth to be , who dares all the world to dispute with him : neither was it so much his zeale to the cause , that put him upon that imployment , as the eye he had to his own honour and profit , which in all probability , if he had not beene betrayed , hee would have concommitated his endeavours : and if john had not forgot himselfe , he would as formerly hee hath done acknowledge that i was the best master , and instructour that ever hee had for matters of controversie , and religion ; so that next unto god he owes his greatest ski●l to mee , who was a good tutor to him , and i would have him to know that i am yet able to teach him , and a better schollar then any independant in england , who are yet to learne their primer in politickes , and their catechisme in divinity , though through the judgment of god upon this nation which affect novelties the people are infatuated with that generation of men : and as it is in the song of moses , revel. . great and wonderfull are thy workes , lord god almightie , and just in all thy wayes , thou king of saints , to give men over to error because they receive not the truth , in the love of it , that they might be saved , thes. . ver. . . and if john had but grace in him he would not disdaine at this present , to be advised by me who so long as he followed those wholsome principles , and the good councell i gave him , hee had true honour indeed and might have lived and dyed with comfort and repute , whereas taking those idle courses , and following a company of unstable guidy-headed people out of vaine glory and ambition to have a name of a champion of the independents he perpetrates those unwarrantable things that brings dishonour to god and scandalls all christian religion , and his holy profession , so that whiles hee would be thought to bee a teacher and doctor as saint paul speakes , tim. chap. . hee understandeth not what he speaketh , nor whereof he affirmes , who hath erred from the truth , and is now turned in to vain janglings , not knowing that the end of the commandement is love out of a pure heart , and a good conscience , and of faith unfained , which forbids him to rayle of dignities and to speake evill of government , and injoynes him to obedience , and teaches him in love , to thinke better of others then of himselfe , and to preferre others before himselfe , rom. . v. . phil. . and not out of a vapouring humour , proudly and arrogantly to vaunt himselfe , and dare all others , and our of his turbulent and tumultuous spirit to rayse a faction to the disturbing of both church and state and the disquieting himselfe and others , to the griefe of all such as wish his good both for soule and body . now as i have related unto you master vicars ▪ the beginning of our acquaintance , and shewed you what the obligations were that hee sayes , i stand so much ingaged unto him for , so i thinke it not amisse to speake of some other passages of love both from my wife and my selfe towards him . as for my wife in the time of my banishment at his sufferings , she was failing to him in no offer of friendship but withall tender affection , shee was ever ready to yeeld him her best assistance in any thing and night and day she was solicitous for his good providing for him a most faithfull and diligent chirurgion , often visiting him , and stirring up friends to doe him good and according to her owne abilities pleasuring him , in any thing hee stood in need of continually taking order that hee wanted nothing that was sitting for a man in his condition , and had as great a care of him , as if he had been his owne father , and that when he was diserted of his friends ( as can sufficiently be proved ) and after he was set at liberty , and i was returned from my banishment , we lived in as great amity and affection , as ever any two christian brethren did , and there was no office of love that i have ever hitherto been failing to him in , either in his sicknesse or in health , notwithstanding in the time of his imprisonment , he falling into acquaintance with sectaries and straglers , was much swarved from those ●uthes , and that purity of doctrine he had learned of me ; yet all this in the least alienated not my affection from him , but i continued as cordiall as ever , rejoycing either to see or heare of him , and of his wel-fare , and he had my prayses wheresoever i came ; and all these were obligations , and so would any others have thought . and this i may also say , that he may thanke me as an earthly instrument ( that i may make use of some of his owne language ) for all the honour he had in the world ; for his acquaintance with me , and his suffering about my books ( as many of the parliament have often told me ) was the cause that he became so famous , and so well knowne and honoured , whereas otherwise he might have lived and dyed in obscurity , and been knowne no farther then a man can shoot a pelle● with a trunk , and perhaps not to his next neighbours doore , as it happens in london to many thousands of eminenter men , otherwise for all parts then he , though his abilities are very considerable ; and therefore i● that also he is beholding unto me . besides , i taught him some courtship by being in my company , and made him sit for all gentlemens and noble-mens society ; whereas when he came first to be my scholler , though he were honest and religious , yet he was but a meere country courtier , and very rough hewen , so that he could neither make a legge with grace , nor put off his hat seemly , till i had polished him , and taught him all his postures of courtship , and now he is become a very gallant fellow , and hath commenced lieutenant-colonell lilburne ; and who but john among the controleresses of dripping-pannes , the independent sisters ? besides , by my society he bettered himselfe , and that not a little in his language and dialect , and is still beholding to me for many of his best and choysest expressions , as all that know him can say , and all these were obligations , which many a gratefull man would have thought he could never have cancelled , though john has forgot all , which makes me therefore ( though it be contrary to my complexion ) to enumerate them , that every indifferent and intelligible man may see , that lievtenant-colonell john lilburne is not alwayes to be beleeved , though he be in print : and that master vicars , you may see how fairly i deale with him , i will conceale no curtesie that ever he did me , that all men may behold the extremity of my engagement● towards him . whilest he was in a good mood , he was very loving and kind unto me in word and deed , and when i was a prisoner in york-shire , he laboured much for my exchange , and writ many letters to my wife about it , and sent his drum once or twice to me to knarsbrough castle , which was two miles or thereabou●● fr●m the place where he billited , and one of those times he sent me ten shillings , which i esteemed of as a great favour , and in way of thankfulnesse , i gave unto his drum eleven shillings , as the captaine and souldiers there can witnesse , who stood by all the time he or any man talked with me : but by the way , master vicars , i will say thus much , that this ten shillings was the first and last money that ever i received from iohn lilburnt ; and withall i professe unto you , that notwithstanding all our acquaintance , i never yet brake my teeth with any of his capons , or ever eat of his bread ; yet at that time especially , he shewed his readinesse to pleasure me ; and through his meanes , as i conceive , many other great commanders laboured my exchange , and sent their drums and trumpets about it to me , as the earle of manchester , and generall crumwell ; to both which honourable personages , i stand still ingaged , for that excellent favour of theirs : and at my returne , he came lovingly out of the city , with others , to bring me into london . but here let me tell you also master vicars , and what i shall say i am able to prove ; that all this time my brother iohn lilburne shewed me so much kindnesse , and was so solicitous for my liberty , and came so friendly out to meet me , he not onely conceived me to be an independent , but reported it that i was of their way , and one of them ; and this , i say , i can prove ; so that it was not pure charity and unfained love , but all under the notion that i was of his judgement , that he shewed me so much favour : for since that i declared my selfe that i was of a contrary opinion ; it is well knowne that he hath not onely relinquished and abandoned me , but in words most reproachfully abused ●e , with all manner of calumnies behind my backe , calling me base fellow , paltry fellow , knave , apostate , an enemy of the generation of the just , a persec●ter ; and all this before his letter was printed , wherein he hath to the purpose rayled both upon me and my highly honoured brother master william prynne ; but it is his usuall custome thus to asperse the very nobility and peers of the kingdome , if they do● not in all things humour him , as the illeistrious earle of manchester , yea , he spares not the king his highnesse , nor the parliament . and for his complices , all that rabble rout , tagragge and bobtaile , that followed him in these his needlesse and sought for troubles , as worly by name , and others , they told me , and that in a crowded assembly , that i was very high , but they had knowne me low enough , and that not long since i lived on their almes , and affirmed , that they had kept me from hanging , but now i was turned an apostate , a persecuter , and an enemy of the godly party , and joyned with the wicked , against the saints ( it seems they are all saints ) and that i had ever been factious , insomuch that they could not entertaine me in their hearts , nor so much as pray for me : all these reproaches , and a grea● many more , they cast upon me in the presence of many , when they were in a tumultuous manner attending upon the committee of examinations , and that without the least occasion on my part given them , any more then my presence in that place , whether i was summoned to be a witnesse : and for these men that did thus ignominiously and injuriously relvile me , they were all lieutenant-colonell lilburnes followers and abettors , and seconded by him , and all of them unknowne to me , and such as i had never seen ( to my best remembrance ) so much as the very face of any one of them before that day , neither did i ever amongst christians behold such odde complexions and strange looks ; if ever you had seen the picture of hel , m. vicars in york-house , where all the postures of the damned creatures , with their grisly lookes are described , and had also taken notice , what ghastly , ugly sower and musteds faces , out of dolour , paine and anguish they made , and had been amongst this company , and had seen what grisly looks they out of malice , rancor and envy to the presbyterian party , and especially to my selfe had made , and had withall heard their confused , hiddious noyses , calling for the liberties of the subjects , and for the benefit of magna charta , and the petition of right , and for a publike hearing , you would have thought your selfe in the very suburbs of hell , and that these had been the sonnes of pluto or pinus ascended out of orco ; the complexion also of many of them being like the bellie of a toad ; and to speake the ttuth , worly was one of the properest gentlemen amongst them all , and he was the most remarkable and taken notice of , by reason of his habit and busie diligence ; he went that day in a great white and browne basket-hilted beard , and with a set of teeth in his head , much like a po●-fish , all staring and standing some distance one from another , as if they had not been good friends ; it may be conjectured , he picks them twice a day with a bed-staffe , they looke so white and cleare ; he was mighty diligent about the common-wealth that day , and the priviledges of the subject , and all the fraternity came flocking about him upon all occasions , as a company of turkyes doe about a frogge , wondering at her as at a strange sight : without doubt when the parliament comes to be recruted , the independents will make him a member ; and i am confident he will prove a rotten one , for he looks as if he had gotten a blow with a french colt-staffe , and it is notorious he is a bankrupt of all goodnesse , and whatsoever shew he makes now of independency , anabaptisme , or any of the new wayes , or to stand for the common-wealth , both he and saint sprat their soliciter , have been knaves from their mothers womb ; and therefore master vicars , if you have any hand in choosing of members , let not him have your voyce . but now to speak something of their babble ; how can any man living that either saw them or knows them perfectly , with reason , imagine that i should ever have lived of these mens almes ? most of which , by all conjectures , live and depend on other mens curtesies , and are onely supported by being of that faction ; for more obscure and ill conditioned fellowes did i never behold : and what a base lye it was in them , to affirme that they kept me from hanging ; whereas i never was ( as all men know ) so much as questioned at any earre , or in any court for my life , and therefore had no need of the psalme of mercy , much lesse of their help in that kind ; and i blesse god , i was never brought so low , that i could not have subsisted without starving , with the stumps of that estate my father left me , after all the vast expences i was causlesly put unto , by my malicious enemies in all their courts , although my children would have fared the worse for it , and i should not so comfortably perhaps have undergone my imprisonment , had not my christian friends been some help unto me ; and i can truly say this , and make it appeare , that all that ever i received by way of curtifie , doth not amount by a thousand pound and more , to that meanes my father left me , besides my wives portion ; so that i am above two thousand pounds worse , in reall money and estate at this day , besides the losse of my time , for these twelve yeers , since which my troubles began , above eight of which i was kept a close prisoner , and three of them in banishment ; and they that know what i am now worth , can witnesse the same for me , men of reputation : and therefore they were barbarously insolent so to speake to me ; and indeed all the standers by wondered at their rudenesse and inhumanity towards me , affirming that they never saw a more uncivill and ill conditioned people . but here we may take notice what a slavery it is for any man to be beholding to such a generation of creatures , who upon the least conceived displeasure , will cast their courtesies ( if any ) in the teeth of those to whom they have shewne them , if in the smallest punctillio you be not of their mind : and therefore we are councelled by saint james , if we want wisdome or any good thing , to aske it of god , who ( saith he ) giveth liberally and upbraideth not , jam. p. . and if these men had ever given me any thing , as i am most confident they never did , yet all the world knowes , that when they gave it , it was for this reason , that they were then of my mind ( for they say now they cannot pray for me ) which argueth their want of charity , their levity , ficklenesse and instability in all their wayes ; but this is that that all their fraternity daily cast in my dish , though i am most assured , if all that ever i received from them , or any of those that are now of that society , it will not all amount to three score pounds , and i am able to make good that i now speak : and yet these are the daily claimours of this people , and onely for my constancy ; for all that have read my books for which i suffered , and know me , can free me from that aspersion of apostacy and faction , and from being an enemy to the truly godly party , and to the saints , who i honour and love with my life . and after the very same manner , not long since , master samuel goose , one of ●hat way , a man that i never saw , to my best remembrance , till my last enlargement from prison ; yet he also upbraided me with his curtisies , and told me , i had forgot my selfe , and that i had grieved and sadded the hearts of the saints , and that he was very sorry for me , to see me side against the godly party ; and in a very imperious manner told me , that whilest i writ against the independents , i writ against christ and his truth ; and thus did saint gander hisse a● me , and grollise , who is a plaguey stickler amongst the independents , and a very busie solicitor of their affaires , which i am afraid , if they be not speedily lookt unto , will bring ruine upon the whole kingdome . master vi●ars , i have been something longer then i thought to have been , 〈◊〉 i was willing to set before your eye , the full●narration of all passages between me and lievtenant-colonel lilburn , with his complices & the occasion of our acquaintance , that you and all men may the better judge , whether i stand engaged to this man in so m●ny obligations as he pr●tends , or whether he be not rather obliged to me in them all , and hath proved very ungratefull unto me , who for my good will and love to him , a meere stranger to me at first , and never giving him any just occasion , hath so maliciously and falsly aspersed me to the whole kingdome , and causelesly brought all the independent party upon me , who in all places and in all companies ( which i account of for my honor ) most unhumanely rayle on me ; for if he had not laid that calumny upon me , and incensed them against me , i am perswaded whatsoever evill opinion they might have conceived of me secretly , because i differ from them , yet they could never so shamefully have vented themselves in publike , so that he hath proved himselfe guilty of both these crimes , lying and ingratitude , that he accused me of , and wronged both me and all his party , and made all his associates offenders in many respects , by these his pactices ; for in complying with them in his unwarrantable wayes , they have made themselves equally guilty before god and men , and have a great deale to answer for their tumultuous disorderly carriage in all that businesse , which to speak the truth , concerned them not ; neither had there been any just cause of offence given by me ( if they would but deliberately weigh all things with reason among themselves ) if i had indeed informed against lieutent-colonell lilburne , ( which i did not ) neither could it deservedly have been accounted a crime ; for there is no tye of friendship that ought to make me desert my duty to the publike , and to break my covenant , and violate my protestation ; by vertue of both which , i ought to informe the parliament and state of any thing that i thought of common concernment , made for the peace of the whole kingdome , and the honour of the parliament , which i am bound to maitaine with the reputation of every member of that supreame and honourable court ; for they are our fathers , magistrates and protectors , and every subject that is under obedience ( and that has taken the covenant and protestation ) is tyed in as much as in him lyes , to preserve and defend them in their lives and reputation : and if any be informed concerning any one in that councell , that he should either doe , practice or attempt any thing that tends to the ruine of the rest , and of the whole state and kingdome , he is in conscience bound to reveale it , ( that if false , the divulgers of such calumnies may receive condigne punishment ; if true , evill may be prevented ) and this i say he ought to doe , though it should be to the prejudice of his nighest alies and intimatest acquaintance ; and this i conceive among the independents may be thought no unjust act , which this information of mine could not have done , 〈◊〉 i by name , put it up against lieutenant-colonell lilbure ( as he falsly 〈◊〉 me ) for he might as well have freed himselfe from all danger , and 〈…〉 reputation ( if he had told me those things as well as hankins , who 〈◊〉 ●ithstanding he related them unto us , not as hear-sayes and 〈…〉 others , but as truths , which he said should be proved ; yet this 〈…〉 questioned about it , and but relating that he received and heard it 〈…〉 colonell lilburne , he was forthwith discharged ; even so might he have been , if he had modestly told where he had heard that report , and not in a disguised , rebellious and proud manner behaved himselfe : and it makes all men wonder to see the inconsiderable rashnesse of all that party , who fall so violently upon me , for but putting up my paper against hankins , when saint worly and his associates ( for so they would be accounted ) made the same information to four members of the house before , and have ever since with spirit sprat been the onely prosec●tors of that but businesse ; especially they ought not to have been so furio●s against me , when hankins reported it , that he related it to colonell king and my selfe for this very end , that the whole matter might be fully searched into , saying , after i had lodged it with the doctor and colonell king , i left it , desiring that the naile might be droven to the head , and that the truth might be found out : this was his expression . now when i have gratified master hawk●ns desires , who is the sagamore of the independants , and done but my duty & what he and his company would have me to doe , and what they themselves do act ; may it not seeme a strange thing both to your selfe master vicars , and all that shall understand the true relation of these things , that the independants should thus clamour against me , and that for no other cause lievtenant colonell should accuse me for lying and ungratitude in the face of the kingdome ? i am almost of opinion , that many of the independants when they shall heare the truth , will condemn all their rashnesse in this point ; and truly if ever there were not onely temerity and uncharitablenesse but unjustice in an action it doth appear in their dealing towards me and the parliament ; for their malice extends not to me onely , but to many members of the house , yea , it redounds upon the whole parliament & every particular gentleman of the same that are presbyterians ; for lievt. col. lilburn blams them al as guilty of unjustice & unrighteous dealing , and so did all his company , & spak it openly in the presence of hundreds , that there was no just proceeding amongst them , and that they had not the liberty of subjects and their priviledges , according to magna charta , and the petition of right , and this they with one accord affirmed openly at the committee doore ; so that lieutenant-colonell lilburne is but their mouth , and the foreman of that tribe , and what he did , they all owne , and to this day persevere in it ; and not onely so , but labour to spread his letter through the kingdome , that so they may with the more facility spread abroad and publish the sentence given by the lieutenant against the whole parliament , the better to bring an odium upon them all ; for in his book he pronounceth sentence against them all , being party , witnesse , jury and judge in his owne cause ; and in his so doing , whiles he cals to heaven for justice against the parliament , he shewes himselfe very unjust , and behaves himselfe rather like the wicked judge , that neither feared god , nor cared for men , then the most righteous judge of the whole world , who would not condemne the innocent 〈…〉 wicked , as we may see in the . of genesis . 〈…〉 doe beleeve that the lieutenant conceives very worthily of his own party in both houses , and thinks that they are just , upright righteous men , and the onely godly party in the parliament ( for so i have heard the lieuten. col. speak ) and i perswade my selfe also that he is not so uncharitable , as to think all the presbyterian party in both houses unjust and unrighteous ; now then if there be any either of the independent party , or of the presbyterian , that are truly just and righteous in their proceedings , he ought to have spared them ; there is an old saying , we ought not per lutum uni●● totam gent●m perstr●●gere , he should indeed ( if he had knowne any guilty of crime , and if he would have dealt justly ) have singled them out , as he did me , and by name have aspersed them , and not have condemned the whole councell in one blast , and with one dash of his quill : any as he deales unjustly with the parliament , so he he dealeth not very righteously with me and my brother pryn for he condemnes us both of lying , yet never convinced me of a lye , nor i hope never shall be able , for i writ nothing in my books against the independents , but what upon my owne knowledge i can affirme to be true ; yea depose it , having had what i wrote from the independ●●ts owne mouthes , but that which coroberates what i say ; i can prove all i wrote against them by a cloud of witnesses , the worst of them being better then the best of those witnesses they produced against sir iohn lenthall and master speaker ; and therefore that which i writ against their faction , is so far from being a crime 〈◊〉 a lye , as i stand upon my justification , & undertake upon my life to make good the charge in my postscript against the independents , or whatsoever i writ in any other book against them . nay , i undertake to prove a great deale more then i have yet published , and that that may concerne all presbyterians especially , and make them looke to themselves ; for if they get the day and prevaile , they will spare none of them , for they have a purpose to put downe all the nobility and gentry in the kingdome , ( i speake nothing but what i know , ) howsoever their designe is carried very cunningly ; but let them once attaine unto their purpose at the recruting of the parliament , which is , to bring in out of all the countyes , the independent country courtiers , to whom they will give instructions for this purpose , and you shall see such an alteration in a little time , that the nobles and pears of the kingdome , and all the gentry of the same , the flower and honour of all nations , to be the most contemptible , and the onely men to be suspected , who by all the independent party at this day , have beene accused to be the ruine of the kingdome , and to be of rotten hearts , and the kings friends ; and this i have heard many of them my selfe speak , and i am confident , it may by many be proved , but this has ever been their evasion , when we accuse them of any thing they say , that they may not all be blamed and judged for the rashnesse of some , when notwithstanding they that uttered such words , spake nothing but what they had learned from their faction , or what they had received from the chiefe heads of them : and it is well knowne that lieutenant-colonell lilburne is upheld by that party , and 〈◊〉 , yea animated in all that he doth , as all the crowds and 〈…〉 after him may sufficiently witnesse , and they look upon him as their champion , applauding all his actions . and it will not be a difficult thing for me to prove whatsoever i have written in my books against the indepedent party , from their owne bookes , and even from his owne letter , and the proceedings of that company that followed him to the committee of examinations , and their behaviour and carriage there , may abundantly prove my charge in my booke against them ; for they gave lawes to the committee , and would not be examined but upon their owne tearmes , crying out of injustice , and threatning that they would bring up the whole city , and a thousand such other insolencies they used there for many dayes together ; all which doe manifest , that if in time their party grow a little stronger , they will give lawes to the parliament , and make them doe what they would have them , or else they will take the authority into their owne hands ; for lieutenant-colonell lilburne hath plainly taught his disciples , that the power that now resides in the parliament , is inherent to the people , and that those of the parliament are not to act according to their owne will and pleasure , and boldly taketh upon him to instruct the parliament and teach them their duty ; and affirmes , that the power is the peoples birth-right , and that they have but entrusted them with it ; so that it seemes if they shall once conceive that the parliament doth not discharge their trust they have committed unto them , they may resume it when they please , for that must necessarily ensue from his premises ; and this is the doctrine that he infuseth to all his followers , and onely for to stirre up a commotion in the kingdome , and to put the people in a heat ; which if the parliament timely prevent not , they will runne the greatest hazard of being destroyed , that ever any councell in the world did . and whereas he saith , that when the king went to oxford , he left many of his friends behind him : i for my part believe that he is one of them ; for i am most assured , that never any friend the king had , hath done the parliament more wrong and indignity than lieutenant-colonell lilburne ; for it was not an apparent enemy to the great councell , that hath done them this wrong , it was no aulicus , for then they would have laughed at it , and made themselves merry with it , but it was their friend , their familiar one , that the common-wealth had fed at her table ▪ and one that the parliament had in speciall honourd , favourd , and confided in , and who they had stood by in his greatest difficulties , yea , and had preserved his life ; and for this man now to lay so foule things to their charge , as unjustice and tyranny , and trampling downe of the liberties of the subjects ; oh let not this be spake in ●●b and askelon ! truly such friends as he is , both are , and will prove , i am afraid , their greatest enemies ; and howsoever he often boasteth and tell●●h them , that he hath drawne his sword in their defence ; it doth appeare , that it was for his owne base ends , for liberty of conscience ( as they call it in their dialect ) which is meer licenciousnesse , and lawlesse liberty , under the pretence of conscience which they aime at , that they may both speake , print and doe whatsoever please●t the●●●lves , both against the law of god , nature , and the religion , and against the great councell of the kingdome , synod , and all good men , which is their daily practice , as all their pamphlets witnesse , and this his letter ; for had colonell lilburne with a good intention and an honest mind , drawne his sword in the defence of the parliament , he would not now have drawne his pen to have cut all their throats , and to enrage all the people against them , as in this his letter he hath done : he telleth many stories of his service for the state , and what danger he hath exposed himselfe unto in their quarrell , and upbraideth them all with their ingratitude , and how little requitall they have made him for all ; there are many in this kingdome that have adventured themselves as farre as ever he did , out of their love to the publike , and have i beleeve suffered as much as ever he did , yet make no noyse , but with modesty and patience , wait and attend till the great and weighty matters in the kingdome , will give leave for private businesses : and all men know , that the publike good , the preservation of the whole body , is to be looked unto in the first place ; and then afterward as occasion doth offer it selfe , without damage to the publike ; private bus●nesse and the reliefe of the necessiited , are taken into consideration , and satisfaction is given unto them that can justly complaine ; and this has ever been the practice & custome of all nations , as the annals and histories of all times relate : neither have such as have been forced to wait , forthwith published disgracefull books , and mutinous complaints against the councels and states of any country , to bring them into hatred amongst the people ; neither would such proceedings be thought tolerable in any well governed country . it is well knowne , that there are many noble-men and great gentlemen also of honour and eminency in the kings army , that have not onely ventured their lives and all their estates , but are at this day brought to such extremities and necessities , as to relate would exceed beliefe , so that many of those that had some three , some four thousands by the yeer , some more , are brought to such streights , as they have not bread to put in their families mouths , nor cloathing to p●t on their backs ; yet i never heard that they did ever print letters in disgrace of the king or his councel and upbraid him with ingratitude towards his souldiers , because their particular necessities were not satisfied , or because they conceived they were wronged by his majesties councel : and i am most assured , that if any of those that follow the king should doe any such thing , or durst attempt to disparage the kings proceeding , being one of that party , he would not onely be abhorrid by all the cavaliers , but thought worthy of severe punishment , whatsoever former service he had done his majesty . nay , i will speak my knowledge , i have heard a cavalier say , that if any of their party should have done any thing in this kind against his highnesse or his councell , the other cavaliers would have cut him in pieces : and truly all sober minded men , and such as stand really wel-affected to the parliament , cannot think those the parliaments friends , that in this kind write against them and their proceedings : for were it granted , that lieutenant-colonell lilburne had done as good service , as he pretends , though there be many that say , that the devisions that he hath caused at bosterne , and through lincolnshire , with his preaching up his new doctrine of seperation ▪ hath done more hurt to the soules and bodies of the people , then all the good that ever he is able to doe . but i say , were it granted that he had done all good service without exception ; yet the disgrace and evill he hath now done to the state , hath surpassed all the good he speaks of : many cowes you know master vicars ordinarily give good milk , and then scummer in the payle , by which they spoile all that they had given down ; even so it is in this case with lieutenant-colonel lilburne , what he hath formerly built up , that he hath now throwne downe : he may remember what the lord saith , ezek. . if the righteous turneth from his righteousnesse , and doth that which is evill , i will forget all his righteousnesse , saith the lord &c. so if a commander doe faithfull service for a time to a state , as the hothams did , or as ●holmly , and afterwards turne traitors , must the memory of their former service hinder the course of justice ? i trow not ; if a servant for some time shall doe good service for his master , and afterwards prove unfaithful , or purloyne his goods , and labour to destroy him , is his former service to be taken any notice of ? it is perseverance in any good that crowneth all ; and therefore it is but a poore grollety to speak of good service formerly done , when they are acting all the evill that men can well act against a state or kingdome . but one thing is very observable , he would brand me with great ingratitude , and as if i had forgot what he had done for me , and in the meane time he is guilty of the same crime : for it is well knowne , that the parliament not onely saved his life , but delivered him from his slavery and captivity , and greatly honoured him , and for ought i know , would have made him a full satisfaction for all his damage and suffering by the unjust courts , when from their publike affaires , they could have been permitted to have listned to private grievances ; yet he hath forgot all this their curtesie , and singular humanity , and now flings dirt in all their faces , and so despightfully abuseth them , as no ordinary well bred man would abuse an ordinary base fellow : but because this is a businesse that concerneth the honour of the whole house , which he hath so contumeliously blasted , i shall leave that to their grave wisdome ; onely out of my duty to that great councell , the supreame court of the kingdome , i may say thus much , that the whole kingdome owe the preservation of their religion , lives and liberties , to their care and watchfulnesse , and that all our posterity are bound to be thankfull to them for their fidelity , diligence and infatigable prayers in their common defence , who , all reason will dictate , could have no end for what they have done , but the common good and safety of us all : and therefore it concernes all the people to take heed how they joyne and adhere to lieutenant-colonell lilburne , and such factious spirits , who under pretence of defending the subjects liberty , raise tumults to bring all to a confusion : and let them ever set before their eyes the story of cora , da●●an and abiram , and seriously weigh what they brought upon themselves by their rebelling against moses their deliverer and preserver , they cannot be ignorant , that while they assent unto him , and applaud and owne what he rashly and unadvisedly doth , they make themselves equally guilty ; for as david saith , psal. . he that consenteth with evill doers , makes himselfe as guilty as they : so doth the apostle paul teach all men , in his epistle to the romans , chap. . . they that consented to those impious and wicked men , were in gods account as equally guilty as if they had perpetrated al those facinourus actions ; yea , it is the practice of all courts in all the kingdomes and nations of the whole world to condemne the complices of treasons as well as the others : and as no men , no not the independents themselves , can indeer those that comply with such as they conceive to be their enemies , so they should now make the parliaments cause their owne ( for it is their owne indeed ) and think that it highly concernes them all , and i● may be their condition ere long ; for destroy once the power of the parliament , and enervate their authority , and you shall shortly see every country courtier , fly not onely in the face of the gentry and nobility , but indeed every servant become a master and mistris , and cast off the yoke of obedience to their superiours , whether parents , masters or governours ; and therefore it concernes all men , as they will avoyd both the wrath of god and inevitable danger , now to take speciall heed what they doe , in abetting with lieutenant-colonell lilburne , in these his temerarious proceedings ; for i well perceive the poore people are all deluded by his false information , and think his imprisonment , and the proceedings of the honourable committee of examinations , to be against the liberty of the subject , and against magna charta , and the petition of right , all which inviolably remaine to the subject , notwithstanding whatsoever he pretendeth to the contrary : and as he hath traduced the parliament causlesly , so likewise in his owne defence he hath abused the holy scripture ; for there is a vast difference between saint pauls ca●se and his , as will quickly appeare , if there be but a true information made of lieutenant-colonell lilburnes businesse , for the story of pauls sufferings is sufficiently knowne . the verity of the matter is , the parliament in their proceedings with iohn lilburne , have done nothing contrary to the law of god or nature , or the custome of nations , and the lawes of the kingdome , and therefore so horrid an accusation of the great counsell is unsufferable : he quarrels the parliament amongst other things , that he was sent to prison , the cause not being specified of his commitment : if indeed he had been arraigned and condemned before he had been heard , then there had beene a just cause of complaint ; but that they did not in their warrant set downe the cause both of his apprehension and commitment : i must confesse for my part , i see no cause why he should make so loud a complaint ; for if there should now in the city of london a conspiracy be discovered , and some of the conspirators should be appprehended ( under reformation ) i conceive it will not stand with the wisdome of the city office●s , and with the discretion of those that are in authority , to set down the cause of their apprehension and sending them to prison ; for if their complices should have intelligence of this , that their plot was discovered , they would all either escape away , or attempt some desperate thing that might be destructive to the whole city , and that that might endanger the whole kingdome ; therefore in such a case as this , it is for the wisdome of the officers to conceale the conspiracy till they have apprehended all the delinquents ; and in such a case as this is , and many more , the magistrate may , as i conceive , send any man to prison without signifying the cause why unto the prisoner : for i read in many places of the scripture that prisoners have been committed , and there was no cause given either to him that was committed , or to the goaler , wherefore he was committed , and yet they are not condemned of unjustice for so doing : but when men have been condemned without hearing , or by false witnesses , this hath made it a crime . neither hitherto have i ever read , that it was counted a crime in a magistrate , or an unjust thing , or a thing against the law of god , nature or nations , to ask any man that is apprehended a question ; or to demand of him , whether he either spake any such words , or heard any such , or did such a thing , or did it not ; for none of both these proceedings were counted a crime in either ioseph or ioshua , or any other of the rulers in israel ; for ioseph cast his brother into prison upon suspition , and questioned all his other brethren upon a pretended jealousie , and yet they accused not the governour of aegypt of unjustice to their good old father : neither was it a crime in ioseph to question his brethren ( if the businesse had been reall ; ) or in ioshua to aske achan whether or no he had taken the wedge of gold : and if either iosephs brethen or achan had refused to have answered to the question propounded unto them , til either ioseph or ioshua had told them the cause of their apprehension or commitment , i beleeve they might have laine in prison till dooms-day in the afternoone ( the time that iohn lilburne thinks the parliement will pay him what they owe him ) and no wise man would have condemned the governour of aegypt for so doing ; and therefore he most shamefully abuseth the parliament for their proceedings against him , which stand very well with the lawes of god , and all well governed nations ; and the scripture that he citeth , concerning paul , was nothing to the purpose , for paul stood committed , and that upon suspition : but the judge thought it unjustice to proceed to sentence , before that they had heard what paul could say for himselfe in his owne defence , and so the parliament will doe to him ; and i am most assured , he shall have all the faire hearing in the world ; but all this is nothing to lieutenant-colonell lilburne's cause , who might have been released , as hawkins was , and without any dishonour unto him , if he had not disobediently behaved himselfe to the honourable committee . for they demanding of him a question , which by all the lawes of god and nature , and nations , they might doe , and to which without offending , he might well have answered ; he contemptuously not onely refuseth to answer , but asperseth them with unjustice , which was the cause of the conti●uation of his commitment , and then his publishing of a libellous and a most dangerous letter , was a cause of his new commitment to new-gate : and in all this that the parliament hath done , i am confident when the people shall have a full hearing of the same , and be rightly informed , they will be abundantly satisfied of the justice of the honourable house . much i confesse i could say for the justifying of the parliaments proceedings , not onely in this businesse about john lilburne , but all their other grave and weighty imployments , to free that great councell from those aspersions that not onely john lilburne layeth upon it , but all his complices ; but i shall leave this worke to those that it concerneth , onely by the way let me say thus much both to john lilburn & his confederates , that they ought alwai● to have speciall care , that whiles they study and labour to offend their enemies , they doe not destroy their preservers , and abuse those men causelesly as wish them as much good as they doe themselves , though they tell them of their faults and errours ; and amongst others all the independents have most injuriously in word and deed abused my ever honoured brother m. prynne ; and john lilburne in this his letter in speciall , to my knowledge hath most basely and falsly belyed him ; for it is well knowne he was never a favourer of malignants and such as betrayed strong holds , as the businesse of bristow can well witnesse , for the prosecuting of that so cordially inraged many of the independents against him ; and there be many that can witnesse for my brother prynne that he was not the cause of the loosing of gernsey , for had his counsell beene followed both those ilands at this day had bin under the command of the parliament ; and what he published concerning the two captaines it hath been proved by sufficient witnesse , whatsoever they say to the contrary ; and sir samuel luke , a man of honour and approved integrity , would never have questioned them without sufficient witnesse for what he chageth them with ; and as i have bin credibly informed , every thing he accuseth them of is abundantly proved by two or three witnesses . but this is the practice daily of the independents , that they will owne nothing of that they have said or done , but put men upon the proofe , and then asperse all those that justly question them for lyers and persecutors ; as at this time that confounded taylor paul hobson and richard beawmon a sucking apothecary doe , who snip and dose out their sermons by weight and measure to the infecting , misleading and seducing of the poor people , and the making a disturbance in church and state ; and these seducers notwithstanding would perswade the world they are sent from heaven , when as it is most apparent they are meere juglers and imposters , and onely make a pray of the people and lead them captive to liberty and licenciousnesse ; such teachers as these are so farre from a just call from heaven , as they runne before they were ever sent ; so that a man may truly say of such teachers and ministers diabolus caccavit illos : and therefore my reverend brother master prynne hath writ nothing but the truth concerning them , and is most maliciously and causelesly abused by lievetenant colonell lilburne , and therefore this that he speaketh concerning him it not to be beleeved , it being an untruth : and as little credit is to be given to that he relateth of himselfe , how he dared master prynne to dispute with him , but the simpleton , as he calleth him , durst not . if lievetenant colonell lilburne had really challenged him in that place , it had bin very incivily done in him ; for the committee , as it is well known , doth not sit there to heare disputations , and i beleeve , if he should have shewed himselfe so vaine and light , as to have vented his folly in this kinde , they would not onely have sharply reproved him for his temerity , but have clapt him by the heeles , as they might not have done ; but as i have beene credibly informed , it is nothing so , he never challenged him ; and therefore it is a notorious lye , although it be in print . and whereas he sayeth , my brother prynne is besotted and out of his wits in collecting and publishing marty●● books and the scurrilities of the independent party , with many of the blasphemings and railing speeches against the great councell of the kingdome and their proceedings , and against the reverend synod and assembly , and indeed against all authority . i conceive he hath done a very good and acceptable worke in reducing their railings , revilings and blasphemies into a volumne , that they may be left to all postity and future ages , that in times to come the following generations may heare what a hideous and monstrous sect in these last and worst times of the world is now risen up , which speake evill of dignities and all government at pleasure . neither hath my brother prynne in this transgressed , but hath imitated all the prophets and the blessed apostles and evangelists , who have lest upon record all the blasphemies of senacharib , and of all the wicked men in their severall ages ; david hath done the same concerning the enemies of god and his people in his dayes ; the evangelists also have recited all the blasphemous speeches they spake against christ and saint iohn baptist , and all the other apostles have done the same , as peter in speciall and iude ; so that by their writings all men may see what a wicked generation of men were then living , and what judgements of god lighted upon them for their so doing , to lesson all people in future ages to take heed by their examples , lest they provoke god by the like wickednesse ; for whatsoever was written was written for our instruction , upon whom the ends of the world are come . now when my brother prynne hath in this done nothing but what he hath presidents for , and that out of gods word , he is neither besotted nor out of his wits , as he maliciously and falsly asperseth him ; but they rather are besotted that either write , read or entertaine in their houses with delight such wicked bookes as tend to no other end , but to the corrupting not onely of good manners , but the adulterating of the true religion and perverting of mens judgements : and yet bookes of this nature are continually to be found in the hands and houses of all the independents , and i know few other that are by them either regarded or looked after ; so that it is just with god to give such as they are over to fearefull errours , who leave the fountaines of living waters and digge unto themselves such broken cesternes that hold nothing but puddle and s●inking filth . this i thought by the way to speak in my brother prynnes behalf , nothing doubting but himselfe , or some friend for him will shortly publish his just defence , against all other reproaches , to the world . and now master vicars , i hope you are satisfied concerning iohn lilburnes calumnies against me and my brother prynne , but for a corolary let me say thus much , that whereas iohn lilburne would accuse me of ingratitude , i may justly complain of his unthankfulnes & uncharitablenes toward me , who hath rewarded me evil for good ; for all that know me can testifie for me , that i was ever his friend to my power ; but it is not he alone that would make me an ungratefull man , but all of that way asperse me with the same crime ; many of the which notwithstanding , have for smal favors done to me in the time of my imprisonment , been six times over requited for it , as i can prove , and yet they cry out of my unthankfulnesse , and others of them that sent me now and then a piece , as a token of their love , and as a free gift , when they turned independents , demanded it all of me againe , and i have paid them every penny , four pounds at a time , according to their asking , and yet they cry out of my ingratitude , and have to my face most basely upbraided me with their kindnesses . solomon sayth , he that contends with a foole , whether he rage or laugh there is no peace ; so he that hath to doe with the independents can have no peace with them , if in the least they differ from them ; for if ye be merry with them in telling them of their grolleries , then they say ye jeere them , if ye be serious then they say ye raile , so that no man can tell how to please or humour them or how to enjoy the lawes of civility amongst them , or to have any peace in their societies , neither the parliament , nor synod , nor presbytry , or any government can please them , for if the parliament will have them fast , then they will feast , and if they would have them feast and be merry , then they will mourne , and set dayes apart for humiliations , and say , they are sad times , nothing can please the gentlemen , as their practises can witnesse : and truly if ever there were a contradicting people , and an ungratefull generation of men to all sorts of benefactors , these are ; if a man consider things , either in generall or in speciall . as for the parliament , it is well knowne , that they have honoured that sect , as much as ever any authority did any , for they have the principall offices in the army , and through the kingdome places of chiefe trust and government put in their hands , the prime places of gaine and emolument likewise bestowed upon them , through all counties , and are ordinarily as well paid for their service as any , and yet none speak more unreverendly of the great counsell , more harsh , more bitter invectives against them and their proceedings then they , and more asperse their authority , by their practises then they doe , as all their words , pamphlets , preachings and actions can witnesse . as for their ingratitude towards our brethren the scots , and it is notorious to all men , for they cannot give them a good word for all their love to us , no not at this time of their di●●esse , when it appeareth to the whole world , that they have by assisting us , not onely exposed all their lives to perill , but endangered their whole country , and now lye wallowing in their blood at home for being friends to us ; and yet for all this their love , they cannot neither think nor speak well of them ; such ingratitude was never seen in any nation ; a sinne so great , and crying so loud in the eares of almighty god , that were this kingdome guilty of no other , it were enough to bring downe the plagues of god upon us . and howsoever their ministeus enjoy all our pulpits , and have such priviledges and immunities without all controle , as was never by any state granted to any sect ; yet they cry out of persecution and ill usage , whiles they themselves abuse the whole world , and persecute in tongue and print , every living thing that in the least doth not please their humour : and for such as have done incomparable favours and curtesies to many of them , and who have entertained them in their houses , by the six monethes together , gratis , with their wives and children , and shewne them surperlative humanity , yet in their greatest extremities , when they have been plundered of all , stript naked , and some of them have fled to london with scarce a rag of their backs , and have applyed themselves to some of these ministers , thinking that they would have retained a memory of former curtesies , they would not own them or scarce look on them ; and when poore gentlewomen , that lived in time of their prosperity in reputation and honour , and had servants then to wait on them , and being now deprived of all , and brought to beggery , and did onely desire them to get them but a service in some friends house of theirs , professing that they would willingly submit themselves to the lowest condition , rather then be a burden to any , so long as they had their health ; yet they could not by all their importunity extort a good word out of their heads in their behalf ; and when they desired but their wives to give them but one of their old petticoats to cover their nakednes ; for answer , they were told ▪ that they were now going over into the low-countries againe , and that they had sent over all their cloathing , so that they had nothind left to give away ; and this was two yeeres since , and they are yet in england , and have got very fat congregations and of chiefe women not a few ; so that had not some presbyterians and strangers too , taken some compassion of them , they might have starved for all the independent ministers and their wives , as can be proved , notwithstanding they were obliged unto them with all the tyes of friendship ; & when they were in their friends houses , as they had all respectful usage so they looked for it , and expected dayly to eat and drink of the best , or else they might heare of it . but as the ingratitude of the independents is generally taken notice of , so especially of their ministers towards their benefactors ; and their covetousnesse is very remarkable , so that it may be proved , that some of the independent ministers have got more in a yeere here in london , then ten presbyterian ministers , and yet they are as covetous as ever they were , and as much as ever complaining of want , and of the hardnesse of the times , and for their pharisaicall pride , it is incomparable , and commonly they insinuate themselves into rich acquaintance , and love ever to be where good cheere is stirring , onely in this they differ from the pharises , for they fasted often , twice or 〈◊〉 a we●ke , and th●se feast and fare deliciously every day ; and if they spare a dinner under pretence of an humiliation , they will be sure to sup exceeding well and of the best ; there is some of them gone downe to the army , i presume they may trayle them all through cornwall and devonshire with a white-pot ; and there is no childe shall leape so at the sight of a baby as they will skip at the fruition of a custard ; they will smell a feast to the remotest parts of ireland , and the gravy of a chine of beefe into the middest of wales , so sensible they are of good cheere ; i dare boldly say that , let a venison pasty be the text , foure independent ministers shall open and devide it better and more acurately handle it then any eight presbyters in the city of london ; so that if yee behold them sometimes at a feast , you would take them to be the nephewes of helliogabalus . there is not any man that shall seriously thinke of them but will say they have very accute senses , that can out of the americans and out of the low-countries smell the good ●heere and plum-pottage into england , which was indeed one of the chiefest causes that made these men leave their charges and flocks there , and choose rather to live among wolves , beares , lyons and tygars , ( for so they tearme us ) for certainly if it were not good cheere , and their belly that made them dwell amongst us , they would never have lived here , but as long as that last we shall have their company , but when that ceases , their zeale will grow cold ; for they have sent over their treasuries into holland and into new-england ; but as long i say , as there is a carcase left , they will stay by it ; for our saviour saith , where the carcase is , thither the eagles fly , and therefore they are here yet fluttering about , and when they have picked the bones of it well , then they will take take their flight and be gone ; the lord send us peace and faire weather after them . but in in the meane time master vicars , it concernes us all to take heed of them , for they are a very dangerous people in all respects ; for besides their good conditions that i have now named , they are terrible dissemblers , and notorious lyars , as their daily language and libels can witnesse , and this letter of lieutenant-colonell lilburne testifies ; and you also know what a notorious lye one of their chiefe pastors told not long since of my reverend brother waker , and he did not onely divulge it , but stands in the justification of it ; and yet there are divers men , and them of reputation , can witnesse the contrary to what he affirmes , so that no man of a contrary mind , can with safety converse among them ; for they will lay any thing to his charge , and then sweare to it , yea they turne ordinary tale-bearers , the worst of men , and violate many times all the lawes of humanity to satisfie their spleen , and will peccare contra jura jovis hostitatis , and all civility , to doe a presbyterian a mischiefe ; and thus unchristianly dealt that independent pastor with my reverend brother master waker , to make him od●ous ; and i have taken notice , that it is their practice to tell tales and lyes , and therefore i shun them all ; saving my good cozen . i must confesse , if at the recruting of the parliament , the independent country courtiers creepe in there , i doe verily beleeve that the greeks 〈◊〉 never so pollute the temple , as they will defile the honourable house , and then downe also goes the gentry and the nobility , and all churches ; for they begin already to pisse in them , and to scummer in the pewes of gentleman , out of a hatred they beare to that name , disdaining that any should be thought greater then themselves ; telling them when they forcibly crowd into their seats , that the saints have more right to those places then they , and therefore partly for the stinking of them out of their seats , as baggars doe foxes out of their holes , by defiling them , these independent country courtiers scummer and pisse in their pewes ; and partly also they doe it out of hatred to the very structure of the poore churches , which say they , having been consecrated to idolatry , ought to be demolished , or else made a tophet on , and a place of easement , and therefore it is now growne an ordinary ●hing with the independents thus to pollute churches ; and some of them would have given seven thousand pound , not long since , for pauls , that they might have demolished it as an idol temple , and so in their judgements the gentry and nobility are idols , and have too long been adored and venerated , and they now desire that honor themselves , and therfore if once they have the power in their hands , and get into the parliament , then out go all the sons of belial , fot so they call the gentry : therefore if you have any acquaintance with those that are to choose burgesses for the parliament , give them a speciall caviat to take heed how they make any of that fraternity parliament-men ; let them have an eye to the godly and truly religious ( without faction ) and understanding gentlemen in the country , that know what really belongs to government : for consider what a deale of misery all the countryes through the kingdome are involved in , by reason of the committees that are composed of those independent country courtiers , who generally domineer over the very noble-men and gentlemen every where , where they are in authority , and exercise more severity over the parliaments very friends , then the lords and peers of the kingdome , and the great counsell doe ever against delinquents , as all the poore countries can testifie ; therefore perswade your friends againe and againe , that they make choyce of no independent country courtiers to he members , for then all the kingdome will be made linfie-woolsie , for they will have all religions , and give a greater tal●●oti●● then the devil himselfe , for he will not tolerate all religions , for you know he persecuted the woman , the true religion , in the wildernesse , but these would tolerate all , and therefore in that point they are worse then sat●● : therefore if you would avoyd an inevitable confusion , perswade your friends to take heed of the independe●ts , who have made a combustion in church and state already . it is said of our saviour that he would not commit himselfe to 〈◊〉 , because he knew them , john . now we have some experience already of all these men , let us therefore take heed of them : others you know will not commit themselves unto men , because they know 〈◊〉 not ▪ and 〈…〉 is very good reason why they should not ; now for my part i doe beleeve that there is no man can ever know the independents , and therefore they ought to shun them , for they themselves professe , that they keepe a reserve d●●es ad triarior●s redierit res , and tell us that we put them upon too unreasonable a task , to satisfie us in all things they doe or desire : now when we know them already by all their actions to be disturbers of church and state , and violaters of all the lawes of god and humanity , and enemies of all good people , and notorious lyars , and they themselves confesse unto us , that they have yet a reserve of grolleries , they justly ought of all people to be abominated , for they professe openly , we shall never know them : and thus much i thought fit in way of answer , to reply unto john lilburnes false accusation , and to speak of all the independents practises . one thing i may not passe by before i shut up my discourse ; lievtenant colonell lilburne complaines of some affront given him by some of the parliament ; as that they slighted him , and made themselves merry with him ( which intimatest friends usually doe with their familiars ) and that much troubled his patience . what would this man have done , thinke you master vicars , if he had beene openly abused , as i was by some of the independent party , and favourers of their way ? 〈◊〉 i but wri● for the presbytery , and in defence of the parliament , and the reverend assembly of divines , against the independents , who had printed most scur●ilous books against them all ; and i was not onely roughly reproved , but threatned also , that they would complaine of me to the parliament , for undertaking to prove the presbytery to be jure divin● ; which they told me was against the sense of the house , and therefore punishable in me ; telling me also in a very furious manner , that i was an incendiary and a maintainer of the kings party : and whereas they had me in their catalogue , intending upon occasion offered , to have preferred me ; seeing , they said , i tooke this way , i should never have their good word . if he bad 〈…〉 party as i was by the independents , and that at the parliament doore , what daggers would not this man have writ and spake thinke you ? for my part , if all the independents in the parliament should have spake that which two or three of them did , it should not have moved me so much as the biting of a flea ; much lesse should it have made me 〈◊〉 any thing in disgrace of the whole councell , or in the least to have impeached their dignity : nay , had i suffered as much for the parliament , and from it as any man , i would not for some mens miscarriages , or some necessitated failings , have writ any thing to the dishonour of the whole house ( and god forbid that any presbyterian in england , should either doe such wickednesse , or favour it in any . ) i shall 〈…〉 or for some 〈…〉 for offences 〈◊〉 come : and therefore i neither thought nor never shall thinke the lesse venerably of the parliament for the affront that was put upon me by the independent party ; for as there 〈◊〉 no family , though never so honest , that hath not a whore or knave of their kindred ; so it is impossible in such a great councell as the 〈◊〉 is , but they should have some ninnyes and grols , and men that have no 〈◊〉 wit then will reach from their nose to their mouth , and are onely sensible ; and therefore people ought not , for a few mens sakes , to traduce the 〈◊〉 parliament . neither will i ever suffer it in any whiles i live , but shall ever 〈◊〉 my life defend the honour of the parliament against all independents , notwithstanding the failings of some members . and although john lilbur●● master vicars be valiant , yet in defence of my religion and the church of england , and for the honour of the parliament and great councell , i shall not onely dispute with all the independents ; though i understand by some of that fraternity , that they have gyants for learning , as well as pigmyes , 〈◊〉 i shall also dare in the quarrell of either fight with john lilburne with 〈◊〉 weapon from a bodkin to a pike . but leaving him to his a. b. c. which is a great deale better imployment for him then the grave and weighty matters of state , and the study of po●●●ticks , and the great mysteries of divinity ; and commending you and yours to his preservation , who is the keeper of israel , that neither slumbereth 〈◊〉 sleepeth , with my earnest prayers for a happy peace in this kingdome , 〈◊〉 the establishing of the true protestant religion , and of the parliament ; i remaine yours , john bastwick . finis . by the lords justices, a proclamation whereas by proclamation bearing date the eighteenth day of may last ... england and wales. lords justices. approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing e estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) by the lords justices, a proclamation whereas by proclamation bearing date the eighteenth day of may last ... england and wales. lords justices. broadside. printed by charles bill, and the executrix of thomas newcomb ..., london : . other title information taken from first two lines of text. "given at the council-chamber at whitehall the twenty fourth day of september, , in the eighth year of his majesties reign." reproduction of original in the british library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng proclamations -- great britain. great britain -- history -- william and mary, - . great britain -- politics and government -- - . - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion w r diev et mon droit honi soit qvi mal y pense royal blazon or coat of arms by the lords justices , a proclamation . tho. cantuar. j. sommers c. s. devonshire . godolphin . whereas by proclamation bearing date the eighteenth day of may last , we did declare , that convenient notice should be given by proclamation of the time when the parliament should meét and sir for the dispatch of business ; we have therefore ( with the advice of his majesties most honourable privy council ) thought fit to issue this proclamation , hereby declaring and publishing , that the parliament which is now prorogued to the twentieth day of october next , shall on the said day meét and sit for the dispatch of divers weighty and important affairs . and all the lords spiritual and temporal , and the knights , citizens and burgesses of the house of commons , are hereby required and commanded to give their attendance accordingly at westminster , the said twentieth day of october next . given at the council-chamber at whitehall the twenty fourth day of september , . in the eighth year of his majesties reign . god save the king. london , printed by charles bill , and the executrix of thomas newcomb , deceas'd , printers to the kings most excellent majesty . . two cases of conscience: resolved by the right reverend father in god robert sanderson late lord bishop of lincoln. sanderson, robert, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing s a estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) two cases of conscience: resolved by the right reverend father in god robert sanderson late lord bishop of lincoln. sanderson, robert, - . [ ], p. printed by e.c. for c. wilkinson at the black-boy over against st. dunstans church in fleetstreet, london; : reproduction of original in: william andrews clark memorial library, university of california, los angeles, california. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng allegiance -- england -- early works to . church and state -- england -- early works to . great britain -- politics and government -- - . - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - jonathan blaney sampled and proofread - jonathan blaney text and markup reviewed and edited - pfs batch review (qc) and xml conversion imprimatur , tho. grigg , r. in christo p. ac domino , domino humfr. episc . lond. à sacris . two cases of conscience : resolved by the right reverend father in god robert sanderson late lord bishop of lincoln . london ; printed by e. c. for c. wilkinson at the black-boy over against st. dunstans church in fleetstreet , . the case of the engagement . sir , i have hitherto been very sparing in delivering my opinion , concerning the point , now most in agitation , viz. of the lawfulness , or unlawfulness , of subscribing the engagement : considering the mischiefs that must needs have followed , if it should be once noised abroad , that i had given forth any determination , in so tickle a point . i could not but foresee on the one side , if i should condemn it as utterly unlawful , how i should be looked upon , by those that have all power in their hands , not as a refuser only ; but a disswader also of what they have thought fit to require : and on the other side , if i should allow it in any case lawful , what ill use would certainly be made thereof by multitudes of people , apt to be so far scandalized thereby , as either to swallow it whole without chewing , ( that is , resting themselves upon the general determination of the lawfulness , to take it hand over head , without due consideration , either of the true meaning of it , or of other requisite cautions , and circumstances ) or else to conceive themselves by so engaging , to be for ever discharged from the bond of their former allegiance . yet since by your letter , and by sending your servant therewith on purpose , so many dayes journey , through unknown wayes , and at this season of the year ( especially as the weather hath proved , since his coming forth ) scarce passable , you have shewn your earnest desire to understand what my opinion is in this point ; so great , both for difficulty and concernment ; i could not think it fit , nor consistent with that civility which is to be used , especially towards strangers , to send back your messenger , without the return of some kinde of answer : wherein , albeit i shall not come up to the sull , of what your letter declareth to be your desire , viz. in giving a particular judgment , and estimate of the eight several arguments , therein proposed , and the additional quaere in the postscript : yet you shall find something , tending towards your satisfaction therein , by touching upon those points ( so farr as the straits of time would suffer ) wherein the difficulty of the whole business , seemeth chiefly to consist . first then , it is to be considered , that allegiance is a duty that every subject , under what form of government soever , by the law of nature , oweth to his countrey , and consequently to the soveraign power thereof . for the very same law ( which we may call the law of nature , at least in a large acceptation ) which inclineth particular men , to grow into one civil body of a common-wealth , must necessarily withall , imprint a sense , and tacite acknowledgement of such a duty of allegiance , in every inferior member of the body , unto the caput communitatis , or soveraign power , by which that common-wealth is governed , as is necessary for the preservation of the whole body . so that the bond of allegiance , doth not arise originally from the oath of allegiance ; as if those that had not taken the oath , had a greater liberty , to act contrary to the allegiance , ●●●cified in the oath , then those that have taken it , have : or as if , in case the oath should be quite laid aside , there should be no allegiance due . but it is so intrinsecal , proper , and essential a duty , and ( as it were ) fundamental , to the relation of a subject , quâ talis , as that the very name of a subject , doth after a sort , import it ; in so much , that it hath thereupon gained , in common usage of speech , the style of natural allegiance : whence all these inferences will follow . . that the bond of allegiance , ( whether sworn or not sworn ) is in the nature of it perpetual and indispensable . . that it is so inseparable , from the relation of a subje●● that although the exercise of it , may be suspended by reason of a prevailing force , whilest the subject is under such force , ( viz. where it cannot be imagined , how the endeavor of exercising it ▪ can be effectually serviceable to restore the soveraign power to the right owner , for the establishment of that publick justice and peace , wherein the happiness of common-wealths consisteth ) yet no outward force can so absolutely take it away , or remove it , but that still it remaineth vertually in the subject , and obligeth to an endeavour ( so soon as the force that hindered it is over ) of actually exercising of it , for the advantage of the party , to whom of right it is due , and the advancement of the common good thereby , upon all fit occasions . . that no subject of england , that either hath , by taking the oathes of supremacy or allegiance , acknowledged ; or that not having taken either oath , yet otherwise knoweth , or believeth , that the soveraign power in england , to whom his natural allegiance is due , is the king , his heirs , and lawful successors , can without sinning against his conscience , enter into any covenant , promise , or engagement , or do any other act , or acts whatsoever , whereby either to transferr his allegiance to any other party , to whom it is not of right due , or to put himself into an incapacity of performing the duties of his bounden allegiance , to his lawful soveraign , when it may appear to be useful , and serviceable to him . . that therefore the taking of the late solemn league and covenant , by any subject of england ( notwithstanding the protestation in the preface , that therein he had the honour of the king before his eyes ; and that express clause in one of the articles of it , wherein he swore , the preservation of the kings person and honour ) was an act as clear contrary to the oath of allegiance , and the natural duty of every subject of england ; as the assisting of the king to the utmost of ones power ( which is a branch of the oaths ) and the assisting against any person whatsoever , with his utmost power , those that were actually in armes against the king ( which was the very end for which that covenant was set on foot ) are contrary the one unto the other . . and that also for the same reason , no subject of england , that hath taken the oaths , and understandeth them , or is perswaded that the soveraignty of this , realm , doth of right belong to the king , his heirs , and lawful successors , can without sinning in like manner against his conscience , take the engagement now offered : if he so understand the words , wherein it is expressed as if they did contain in them , and require of the promiser , an acknowledgment that the supream power of this realm , whereunto the subjects ow their bounden allegiance , is rightly rested in those persons that now exercise it ; or as if they did import , an utter abjuration , or renouncing of that allegiance , which was formerly held due to the king. ii. this being cleared , the next enquiry must be , whether or no the words of the engagement , will reasonably bear such a construction , as to the understanding of a rational and conscientious man , may seem consistent with his bounden duty and allegiance to his lawful soveraign ? whereof ( i think ) there need be no great question made , if it be well considered . . that all expressions by words , are subject to such ambiguities , that scarce any thing can be said or expressed in any words , how cautelously soever chosen , which will not render the whole speech capable of more constructions than one . . that very many men , known to be well affected to the king and his party , and reputed otherwayes both learned and conscientious ( not to mention the presbyterians , most of whom , truly for my own part , when we speak of learning and conscience , i hold to be very little considerable ) have subscribed the engagement ; who in the judgment of charity we are to presume , would not so have done , if they had not been perswaded the words might be understood in some such qualified sense , as might stand with the duty of allegiance to the king. . that ( as you write ) it is strongly reported and believed , that the king hath given way to the taking of the engagement , rather than that his good subjects , should loose their estates for refusing the same . which as it is a clear evidence , that the king and they who are about him , to advise him , do not so conceive of the words of this engagement , as if they did necessarily import an abandoning of the allegiance due to him ▪ so 't is ( if true ) a matter of great confideration towards the satisfaction of so many , as out of that fear only , have scrupled the taking of it . for the doing of that , cannot be reasonably thought to destroy the subjects allegiance ; which the king , who expecteth allegiance from all his subjects , advisedly and upon mature deliberation alloweth them to do . iii. but all this being granted , that the words of the engagement , are capable of such construction ; yet is not the conscience thereby fufficiently secured , from justly scrupling at the taking thereof , unless it may yet further appear , that the subject hath the liberty to make use of such a construction ; which is in effect the quaere contained in your postscript , viz. whether upon supposition , that the words of the engagement , will bear more constructions then one , the subscriber may take it in his own sense , or is bound to take it in the imposers sense ? or , whether it be necessary , or expedient before he subscribe , to ask those that require his subscription , in what sense they require him to subscribe it ? upon the resolution of which quaere , since ( as i conceive ) the last resolution of the judgment , wherein the conscience is to acquiesce , doth principally depend ; i shall endeavor to give you my thoughts therein , ( wherein i acknowledge to have received much light and satisfaction , from a discourse written by a very learned , judicious and pious friend , whereof i lately had the perusal , but for some reasons , not thought fit to be published ) as distinctly , and clearly , as the time i have to do it in , will suffer . . first then , for a man that is required of another to give faith by some oath , promise , or other engagement , to take it in a sense of his own , manifestly different ( even in his own apprehension ) from the others meaning , sufficiently expressed by words , according to the common custom of speech , and the nature of the business which it concerneth , is so gross a conceit ; that had not the impudence of the jesuits , in maintaining the lawfulness of their equivocations , and the sad experience of these late times , ( wherein thousands have cheated themselves in perjury , by thinking to avoid it ) evidenced the contrary , it n●ght well have been thought a thing incredible , that any man of common understanding , should suffer his reason to be so infatuated by his affections , as to be deceived thereby . for if such latitude of construction , should be admitted in promises , and other obligations of that nature , intended for the preservation of faith amongst mankind , there would not remain any possible means , whereby for men to have assurance of one another meanings . wherefore i take that for a clear truth , that all promises , and assurances wherein faith is required to be given to another , ought to be understood , ad mentem imponentis , according to the mind and meaning of him , to whom the faith is to be given ; so far forth as the meaning may reasonably appear , by the nature of the matter about which it is conversant , and such signification of the words , whereby it is expressed , as according to the ordinary use of speech amongst men , agreeth best thereunto . the reason whereof is , because the faith so required to be given , is intended to the behoof , and for the interest of him that requireth it ; namely , to the end he may have the better assurance from him that giveth the faith , that what is promised shall be accordingly performed : which assurance he cannot have , if after his meaning , sufficiently declared by the words , it should yet be at the liberty of the promiser , to reserve another secret meaning in his own breast , differing therefrom . . but secondly , what if the intention of the imposer , be not so fully declared by the words , and the nature of the business ; but that the same words may in fair construction , be still capable of a double meaning , so as taken in one sense , they shall bind to more , and in another to less ? i conceive in such cafe it is not necessary , nor alwayes expedient ( but rather for the most part otherwise ) for the promiser , before he give faith , to demand of the imposer , whether of the two is his meaning . but he may by the rule of prudence , and that ( for ought i see ) without the violation of any law of conscience , make his just advantage of that ambiguity , and take it in the same sense which shall bind to the less . and this i ground upon the very same reason as before ; for sith the faith to be given , is intended to the behoof of him , to whom it is given , it concerneth him to take care that his meaning be expressed in such words , as will sufficiently manifest the same to the understanding of a reasonable man. which if he neglect to do , no law of equity or prudence , bindeth the promiser , by an overscrupulous diligence , to make it out , whereby to lay a greater obligation upon himself , than he needed to doe . . but then thirdly , if it shall happen ( as often it cometh to pass , when we have to deal with cunning men , and may possible be the case now , and undoubtedly was so in the business of the protestation , when the time was ) that he that requireth the faith to be given , do of purpose so contrive the words , that there may be left an ambiguity and latitude of sense therein ; yea , and that it be very probable , and in a manner apparent , ( upon the consideration of the point of interest , or other strong presumptions , arising from circumstances or otherwise ) even to the apprehension of the promiser himself , that he hath some farther reach in requiring that promise from him , some more remote and secret intention , then he is willing to discover . in that case , what is to be done ? i answer , that the promiser in such case , is no wayes obliged in giving his faith , to take notice of any secret intention ; but is at liberty to make use of that latitude of sense , which the other , did rather chuse to leave undetermined , then to restrain , and so to turn the others cunning dealing to his own best advantage , by taking it in the more favourable construction ; and that which bindeth to lefs . for it is the declared intention only , ( viz. that which the words , according to the common use of speech , do in relation to the nature of the subject , most naturally and properly represent , to the understanding of reasonable men , when they hear them ) and not to the remote , secret , and reserved intent , which the promiser is obliged unto . the reason whereof is manifest ; because he that requireth faith to be given from another , by words of his own contriving , is ever presumed so to have determined the sense thereof , in the contrivance of the words , as may sufficiently declare , what he intendeth the promiser should assure him to perform . if therefore he have not so determined the words , as to signifie the more ; it is in all reason to be presumed , that he intended to oblige him but to the less . for being at liberty to make his own choice of words , whereby to express his own meaning ; who can think otherwise , but that he would make the choice with respect to his own interest ? and therefore though he might have a secret desire , which he is loath to discover , that the promiser should be bound to the more , and would be marvellously well pleased , that he should so understand the words , as if they intended to bind him to the more : yet since it had been so easie a matter for him , by adding or altering a few words , to have declared that intent , if he had thought it conducible to his own ends , it will be presumed also , that it was out of respect of self interest , that he forbare so to do , and chose rather to leave his meaning , in such general words , as will not exclude the sense , which bindeth but to the less ; and consequently that his declared intent obligeth to no more but to the less only . iv. to bring the matter yet closer , and to put it up to the present cases , there are yet two things more to be done . first , to shew what the different constructions ( the highest , i mean , and the lowest ) the words of the engagement are fairly capable of . and secondly , to find as well as we can , whether of the two is more probably the meaning intended by the imposers , to be declared by the words . the words are these : i do promise to be true and faithful to the common-wealth of england , as it is now established without king or lords . wherein there are sundry ambiguities . . first , in the words true and faithful ; by which may be intended , either the promise of that fidelity and allegiance ( which was formerly acknowledged to be due to the king , &c. ) to be now performed to those that are presently possessed of the supreme power , as their right and due . or else that promise of such a kind of fidelity , as captives taken in the warr promise to their enemies , when they fall under their power ; viz. to remain true prisoners of warr , and so long as they are in their power , not to attempt any thing to their destruction . . secondly , in the word common-wealth , by which may either be meant , those persons who are the prevalent party in this kingdom , and now are possessed of , and do exercise the supreme power therein , as if the right of soveraignty were vested in them : or else , the whole intire body of the english nation , as it is a civil society or state within it self , distinguished from all other foraign estates . taken in the former sense , the fidelity promised to the common-wealth , relateth directly to the upholding of that party who are the present governors de facto , and imports subjection to them as de jure : but taken in the latter , it relateth to the safety of the nation , and importeth no more , as to the present governors , but to live peaceably under them de facto , and to yield obedience to them in things absolutely necessary , for the upholding civil society within the realm ; such as are the defence of the nation against foraigners , the furtherance of publick justice , and the maintenance of trade . . in the words as it is now established , &c. which may be understood either by way of approbation , of what hath been done by way of abolishing kingly government , and the house of peers , and placing all authority and power within the realm , in the house of commons . or else 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 only , as a clause simply and barely reciting what manner of government it is , that this nation de facto , is now under ; viz. a government by the commons only , without either king or house of lords . which ambiguities considered ; the highest construction that can be reasonably made of the words , is to this effect . i acknowledge the soveraign power of this nation , whereunto i ow aliegiance and subjection , to be rightly stated in the house of commons , wherein neither king nor lords ( as such ) have , or henceforth ought to have , any share ; and i promise , that i will perform all allegiance , and subjection thereunto , and maintain the same with my fortunes and life , to the utmost of my power . and the lowest construction that can be reasonably made of the same words , is to this effect : whereas for the present the supreme power in england , under which power i now am , is actually possessed and exercised by the house of commons , without either king or lords ; i promise that so long as i live under their power and protection , i will not contrive or attempt any act of hostility against them : but living quietly and peaceably under them , will endeavor my self faithfully in my place and calling , to do what every good member of a common-wealth ought to do , for the safety of my countrey , and preservation of civill society therein . v. now cometh in to be considered in the last place , the great question , whether of the two constructions it is , ( that which bindeth to the most , or this which obligeth to the least , the words can well bear ) that the formers of the engagement , did rather intend to declare by these words ? they that think the former , want not probability of reason to ground their perswasions upon . for they consider , that those who are presently possessed of the supreme power , are not minded to part with it if they can hold it . and that the likeliest way to hold it is , if they can possibly bring the whole people of england , or at the least the far greatest part thereof , to acknowledge that they are rightly possessed of it , and to promise subjection and allegiance to them as such . and that therefore the engagement , being purposely devised and set on foot , as the fittest engine to expedite that work , must in all reason intend to oblige so farr . which being so contrary to their judgment and perswasion , concerning the duty and oath of allegiance , i cannot blame those that so understand the words of the engagement , if they abominate the very thought of taking it . but there wanteth not great probability of reason , on the other side , to induce us to believe that the latter and lower sense , is rather to be deemed the immediate , and declared intent of the imposers , whatsoever cause of suspition there may be , that the former meaning , may be more agreeable to their secret , reserved and ultimate intent ; between which two , if there be any difference ( as it is not impossible but there may be ) the engager is not concerned in it , or not yet : the equivocation , if there be any in that , must be put upon the imposers , not on the promisers score . for thus believing , there are amongst others these probabilities . . that many prudent and conscientious men of the royal party , as well divines and lawyers , as others , have thus understood it : who we presume would not for any outward respect in the world , have taken it , if they had conceived any more to have been intended in it . . that it hath often been affirmed , both publickly and privately , in several parts of the kingdom ( if we may believe either common fame , or the reports of sundry credible particular persons ) by those that have perswaded or pressed others to subscribe ; that the same is the very true intent and meaning of it , and no other . . that if the imposers had been minded to have declared an intent of binding to more , they might easily have framed the words so , as not to be capable of a construction binding to less . . that ( as is also credibly reported ) whilst the form of words was under debate , the opinion of those that would have had it set higher , was not followed , as held unseasonable ; and the vote carryed , for the more moderate expression wherein it now standeth . . that the imposers , intending by the engagement to secure themselves , especially against the designs and attempts of those men , who they knew ( well enough ) held them for no other then usurpers , must be in reason supposed to require no more assurance of them by the engagement , then such as may and is usually given to usurpers ; which is , not an acknowledgment of their title , and a promise of allegiance , but meerly a promise of living quietly , so long as they are under their power , and enjoy their protection . . that it is a received maxim of political prudence , for all new governors , ( especially those that either introduce a new form of government , or come in upon a questionable title ) to abstain from all harsh procedings , even against those whom they know to be evil affected to their power , and not so much as to exasperate them ( though it be in the power of their hands to destroy them ) especially in the beginning of their government : but rather to sweeten them into a better opinion of their persons , and to win upon them by acts of grace and oblivion ( for remissiùs imperanti meliùs paretur . ) so as they may have but any tolerable kind of assurance from them in the mean time , of living quietly and peaceably under them . we have no reason therefore to believe that the imposers of this engagement , who have acted the parts of the greatest politicians , so perfectly and succesfully hitherto , as to possess themselves so fully os the supreme power of so great and flourishing a kingdom , in so few years , would be so impolitick as not to proceed by the same rules , that all wise and succesful persons have ever practised in the managing , and for the establishing of an acquired power . vi. out of all these premises together ( waying my positive conclusion , either affirmative or negative , touching the lawfulness or unlawfulness of subscribing in universali ) i shall declare my opinion only in these few following particulars . . that it is not lawful for any man to take the engagement with a resolution to break it . . that therefore whosoever thinketh the words of the engagement do contain a promise of any thing which it is not lawful for him to perform , cannot take it with a good conscience . . that whosoever so understandeth the words of the engagement , as if they did oblige him to any thing contrary to his allegiance , or render him unable to act according thereunto , upon any seasonable emerging occasion , cannot with a good conscience take it . . that if any man for any temporal benefit , or avoiding any temporal dammage , shall take the engagement with a doubting conscience ( that is before he be perswaded in his judgment , upon some probable ground of reason , that it is lawful for him so to do ) he sinneth therein . . that if any man after a serious desire of informing himself as rightly as he can , what are the duties of his allegiance on the one side , and what is most probably the meaning intended by the words of the engagement on the other side ; shall find himself well satisfied in this perswasion , that the performance in the mean time of what is required by the engagement so understood , is no way contrary ( for any thing he can discern for the present ) to his bounden allegiance , so long as he is under such a force , as that he cannot exercise it ; and likewise that whensoever that force is so removed from him , or he from under it , as that he hath power to act according to his allegiance , the obligation of the engagement of it self determineth and expireth : and out of these considerations , rather then suffer extreme prejudice , in his person , estate , or necessary relations , shall subscribe the engagement ; since his own heart condemneth him not , neither will i. sir , i have now two requests to you , which i doubt not but you will think reasonable . the one , that whatsoever use you shall please to make of these papers , or any thing therein contained , for your own or any friends satisfaction ; yet you would not deliver any copies abroad , least they should come to be printed , as some other papers of mine , written in this manner have been , without my knowledge . this i desire , both in respect of the danger i might incur from the displeasure of the potent party , if any such thing should come abroad ; as also least upon the consideration of some things here hinted , they might think the words of the engagement too light , and might thence take occasion to lay some heavier obligation upon us , in words that should oblige to more . the other request is , that since i have not any other perfect copy of what i now send you , you would procure it to be transcribed for me ; and either the copy so transcribed , or these very papers rather , when you have transcribed them , transmit enclosed in a letter , or by some friend that will be sure to deliver them safe , with his own hands , to my son — in london , to whom i shall write shortly that he may expect them . sir , i desire that my best respects may be presented , &c. — god endue us all with grace and wisdom fit for these evil times ; to whose mercy and blessing commend us all , i rest , your loving friend and servant . b.p. dec. . . the case of a rash vow deliberately iterated . the case . a gentleman of good estate , hath issue one only daughter , who placing her affections upon a person much below her rank , intendeth mariage with him : the father hearing of it , in great displeasure voweth , and confirmeth it with an oath , that if she marry him he will never give her a farthing of his estate . the daughter notwithstanding marryeth him : after which the father sundry times iterateth and reneweth his said former vow , and that in a serious and deliberate manner ; adding further , that he would never give her or any of hers any part of his estate . quaere : whether the father's vow so made , and so confirmed and iterated as abovesaid , be obligatory or not ? the resolution . my opinion is , that the vow was rash , and is not at all obligatory . . the question here proposed is concerning the obligation only ; yet i deem it expedient to declare my opinion concerning the rashness also : and that for two reasons . first , because there seemeth in the proposal of the case , to be some weight laid upon the after iterations , which were more deliberate , as if they added to the obligation . and secondly , because i think it needful that the vower should as well be convinced of the greatness of his sin in making such a vow , for the time past , as satisfied concerning the present and future invalidity of it . . it is easie to believe ; that the gentleman when he first made the vow , was possessed with a very great indignation against his daughter , for her high and inexcusable disobedience to him in so very weighty a business . and truly it must be confessed , he had need to be a man of a very rare command over his own spirit , and such as are scarce to be found one of a thousand , that could so contain himself within the bounds of reason upon so just a provocation from an only child ( possibly some other aggravating circumstances concurring ) as not to be transported with the violence of that passion , into some thoughts and resolutions , not exactly agreeable with the dictates of right reason . it can therefore be little doubted , but the vow made whilst the reason was held under the force of so strong a perturbation , was a rash and irrational vow . . nor will these after-acts in confirmation of the first vow , though having more of deliberation in them , be sufficient to redeem either it or themselves from the imputation of rashness : understanding rashness in that latitude as the casuists do , when they treat de voto temerario , under the notion whereof they comprehend all such vows as happen per defectum plenae & dis●ussae deliberationi , as they express it ; for it is to be considered , that when an injury , disobedience , or other affront is strongly resented , it many times taketh a very deep impression in the soul , which though after the first impetus have a little spent it self , it begin somewhat to abate , yet it doth so by such slow and insensible degrees , that the same perturbation , which first discomposed the mind , may have a strong influence into all succeeding deliberations for a long time after . even as after an acute feaver , when the sharpest paroxysmes are over , and the malignity of the disease well spent , although the party begin to recover some degrees of strength ; yet there may remain for a good while after such a debility in the parties , as that they cannot exercise their proper functions , but with some weakness more or less , till the party be perfectly recovered . sith therefore the after-iterations of the first vow in the present case , did proceed apparantly from the rancor and malignity remaining in the mind , as the dregs and reliques of the same perturbation , from which the first vow also proceeded : they must upon the same account ( to wit , per defectum plenae deliberationis ) undergo the same censure of rashness with the first vow . the same i say for the kind ; some difference i grant there is for the degree : but magis & minus non variant speciem , we know . and the consideration of that difference is only thus farr useful in the present case , that the more deliberate those after-acts were , the more culpable they are , and the less capable either of excuse , or extenuation ; and consequently doe oblige the party to so much the more serious , solemn , and lasting repentance . . but concerning rash vowes ( in as much as the knot of the question lyeth not there ) it shall suffice to note these few points . first , that every rash vow is a sin ; and that upon its own score , and pre●isely as it is rash , although it should not be any other way peccant . all acts of religious worship ( by the importance of the third commandment ) are to be performed with al due sobriety , attention , and advisedness : how much more than a vow ? which is one of the highest acts of worship , as being a sacred contract , whereunto god himself is a party . see eccl. . , &c. secondly , that rash vows are for the most part , ( besides the rashness peccant in their matter also ; for they are commonly made in passion , and all passions are evil counsellors , and anger as bad as the worst . the wrath of man seldom worketh the righteousness of god. thirdly , that a rash vow , ( though to be repented of for the rashness ) may yet in some cases bind . as for example ; a man finding himself ill used by a shop-keeper , of whom he had formerly been accustomed to buy , voweth in a rage , that he will never buy of him again : this is a rash vow ; yet it bindeth , because if the party had never made any such vow at all , it had neither been unjust or uncharitable , ( nor so much as imprudent ) in him for to have done the same thing , which by his vow he hath now bound himself to do . so if a man impatient of his ill luck at cards , should vow in a heat never to play at cards any more ; he were in this case also bound to keep his vow : because there neither is any sin in keeping it , nor can be any great necessity why he should break it . that therefore fourthly , if at any time a rash vow bind not ; the invalidity thereof proceedeth not meerly ( nor indeed at all ) from the rashness ( which yet is a very common error amongst men ) but from the faultiness of it otherwise , in respect of the matter , or thing vowed to be done ; when that which is so vowed , is either so evil in it self , or by reason of circumstances , becometh so evil , that it cannot be performed without sin . . that therefore concerning the vow in the present case , i declared my opinion that it is not at all obligatory ; it is done upon this ground ( which is a most certain truth and consented to by all ) that rei illicitae nulla obligatio . if a man shall vow any thing that is contrary to piety ; as if having taken offence at some indiscreet passage in a sermon of his own minister , he should vow that he would never come to the church , or hear him preach again : or that is contrary to justice ; as to take away the life of an innocent person , as those persons that had vowed they would neither eat nor drink till they had slain paul : or never to make restitution to one whom he knew he had wronged : or contrary to charity ; as to be revenged of , or never to be friends with , one that had done him wrong : or that is contrary to mercy ; as if having lost some money by lending to his friend , or having smarted by suretiship , he should vow never to lend any man money , or become surety for any man again . let such a vow , i say , as any of these , or any of the like nature , be made either rashly , or deliberately , and strengthened with oaths and imprecations , in the most direful and solemn manner that can be devised to tye it on the faster ; yet it is altogether null and invalid as to the effect of obligation . whence those common sayings , in mālè promiss is rescinde fidem ; ne sit juramentum vinculum iniquitatis , &c. and we have a good president for it in david , after he had in a rage vowed the destruction of nabal , and all that belonged to him ; which vow upon better consideration , he not only did not perform , but he blessed god also , for so providentially preventing the performance of it , by the discreet demeanor , and intervention of abigail . . now the reason why such vowes are not binding , is very cogent and clear ; even because the party at such time as he is supposed to have made such vow , as aforesaid , lay under another ( a former and therefore a stronger ) obligation to the contrary . and it is agreeable to all the reason in the world , that he who either by his own voluntary act , hath bound himself ( where lawfully he might so do ) or by the command of his lawful superior ( that hath a right to his service , and may exact obedience from him ) is already bound to do or not to do this or that ; should not have power ●o disoblige himself therefrom , at his own pleasure , or to superinduce upon himself a new obligation contrary thereun●o : obligatio prior praejudicat ●osteriori . as in the case of marriage , a precontract with one party , avoideth all after-contracts with any other : and if a man convey lands to several persons , by deeds of several date , the first conveyance standeth good , and all the rest are void ; and so in all cases o● like nature . the obligatory power therefore that is i● vows , oaths , promises , &c. i● rightly said by some , to be 〈◊〉 constructive , not a destructiv● power . the meaning is tha● such acts may create a new obligation , where was non before , or confirm an old one but it cannot destroy an ol● one , or substitute another contrary thereunto , in the plac● thereof . . and the reason of this reason also , is yet farther evident ; for that quisquis obligatur , alteri obligatur . when a man is obliged by-any act , it is alwayes supposed , that the obligation is made to some other party : to whom also it is supposed some right to accrue , by vertue of the said act obligatory ; and that that other party is by the said act sufficiently vested in that said right , of which right he cannot be again devested and deprived by the meer act of him , who instated him therein , and is obliged to perform it to him ( unless himself give consent thereunto ) without the greatest injustice in the world. now god having a perfect right to our obedience , by his own obliging precept , both for the not doing hurt to any man , and for the doing good to every man , upon all fit opportunities : and this right also confirmed , and ratified by our own obligatory act in a solemn manner , before many witnesses at our baptism , when we vowed to keep all gods commandments : it were unreasonable to think that it should be in our power , by any after-act of ours to disoblige our selves from both , or either of those obligations . for then we might by the same reason free our selves from the obligation of that latter act also ( suppose an oath , or vow ) by another subsequent oath , or vow ; and from that again by another : and so play fast and loose , make vows and break them in infinitum . evident it is therefore , that every vow requiring any thing to be done , which is repugnant to any office of piety , justice , charity , or mercy , which we owe either to god or man , is void , and bindeth not ; because it findeth us under the power of a former contrary obligation , and hath not it self power sufficient to free or discharge us from the same . . the general rule thus cleared , it remaineth to examine concerning the particular vow , now in question , whether it be void upon this account or no ? it will be found hard i believe to free this vow , from being repugnant to the rules of justice , but impossible i am sure , to reconcile it with the perfect evangelical law of charity and mercy . first , civil and political justice , requireth that every man should obey the wholesome laws of his countrey , and submit himself to be ordered thereby . now put the case ( which is possible enough ) that the daughters husband should for lack of support from his father-in-law , or otherwise ▪ live and dye in great want , leaving his wife , and many small children behind him , destitut● of all means for their necessar● sustenance . the law would ( as i suppose ) in that case , upon complaint of the parish , and for their ease , send the daughter and her children to the father , and compel him to maintain them out of his estate . which order he ought to obey , nor can refuse so to do , without the high contempt of publick authority , and manifest violation of the civil justice , notwithstanding his vow to the contrary : the law must be obeyed whatsoever becometh of the vow ; in that case therefore it is evident the vow bindeth not . . but say ▪ that should not happen to be the case ( which yet is more then any man can positively say before-hand : ) the parent is nevertheless in moral justice bound to provide due maintenance for his children and grand-children if he be able . st. paul saith that fathers ought to lay up for the children . true it is , he speaketh it but upon the by , and by way of illustration , in the handling of another argument , very distant from this business : but that doth not at all lessen the importance of it , such illustrations being ever taken à notiori , and from such common notions as are granted , and consented unto by all reasonable men . the same apostle having amongst other sins of the gentiles , mentioned disobedience to parents in one verse , in the very next verse , mentioneth also want of natural affection in parents . and the disobedience in the childe can no more discharge the parent from the obligation of that duty he oweth to the childe , of affection , and maintenance , then the unnaturalness of the parent , can the childe from the duty he oweth to the parent , of honour and obedience . for the several duties , that by gods ordinance , are to be performed by persons that stand in mutual relation either to other , are not pactional and conditional ; as are the leagues and agreements made between princes ( where the breach in one part , dissolveth the obligation on the other ) but are absolute and independent ; wherein each person is to look to himself , and the performance of the duty that lyeth upon him , though the other party should fail in the performance of his . . something i foresee , may be objected in this point , concerning the lawfulness of the parents withdrawing maintenance from the childe ( either in whole , or at least in part ) in the case of disobedience . which how far forth it may , or may not be done ; as it would be too long to examine , so it would be of little avail to the present business . for it is one thing to with-hold maintenance from a disobedient childe for the present , and to resolve so to continue till he shall see cause to the contrary . and another thing to binde himself by vow or oath , never to allow him any for the future , whatsoever should happen . let be granted whatsoever can be supposed pleadable on the fathers behalf , in the present case : yet there will still remain two particulars in this vow , not easily to be cleared from being unjust . first , let the daughters disobedience deserve all this uttermost of punishment , from the offended father ; yet how can it be just , that for the mothers fault , the poor innocent ( perhaps yet unborn ) children , should be utterly , and irrecoverably excluded , from all possibility of relief from their grand-father ? secondly , it is ( if not unjust , yet what differeth very little there-from ) the extremity of rigid justice ; that any offender much less a son or daughter ) should for any offence , not deserving death , be by a kinde of fatal peremptory decree , put into an incapacity of receiving relief from such persons , as otherwise ought to have relieved the said offender , without any reservation either of the case of extreme necessity , or of the case of serious repentance . . however it be for the point of justice ; yet so apparent is the repugnancy of the matter of this vow , with the precepts of christian charity and mercy ; that if all i have hitherto said were of no force , this repugnancy alone were enough ( without other evidence ) to prove the unlawfulness , and consequently , the invalidity , or inobligability thereof . it is ( not an evangelical counsel , but ) the express peremptory precept of christ , that we should be merciful , even as our heavenly father is merciful . and inasmuch as , not in that passage only , but for the most part wheresoever else the duty of mercy is pressed upon us in the gospel from the example of god : god is represented to us by the name , and under the notion of a father , although i may not lay much weight upon it , as a demonstrative proof ; yet i conceive i may commend it as rational topick , for all that are fathers to consider of , whether it do not import , that mercy is to be expected from a father as much as ( if not rather much more then ) from any other man ; and that the want of mercy in a father , is more unkindy , more unseemly , more unnatural then in another man : but this by the way . from that precept of christ , we learn that as there is in god a two-fold mercy , ( a giving mercy , in doing us good , though we deserve it not , and a forgiving mercy , in pardoning us when we have done amiss : ) so there ought to be in every good christian man , a readiness ( after the example of god ) to shew forth the fruits of mercy to others , in both kindes upon all proper , and meet occasions . so that if any person , of what quality or condition soever , shall upon any provocation whatsoever vow that he will never do any thing for such or such a man ; or that he will never forgive such or such a man : every such vow , being contra bonos more 's , and contra officium hominis christiani , is unlawful , and bindeth not . . the offices of mercy in the former of those two branches , viz. of doing good , and affording relief to those that are in necessity , are themselves of so great necessity ( as the case may be ) that common humanity would exact the performance of them from the hand , not of a stranger only , but even of an enemy . if a stranger , or an enemies beast lie weltering in a ditch , a helping hand must be lent to draw it out . the samaritans compassion to the wounded traveller , in the parable , luke . ( there being a feud , and that grounded upon religion , which commonly of all others , is the most deadly feud between the two nations ) is commended to our example , to the great reproach of the priest , and levite , for their want of bowels to their poor brother , of the same nation , and religion with themselves ; for the nearer the relation is between the parties , the stronger is the obligation of shewing mercy either to other . and there is scarce any relation nearer , and more obliging , then that of parents and children . our saviour , who in matth. . sharply reproved such vows , ( though made with an intention to advance the service of god , by inriching his treasury ) as hindred children from relieving their parents , will not certainly approve of such vows ( made without anyother intention , then to gratifie rage , and impatience ) as hinder parents from relieving their children . . if to avoid the force of this argument , it shall be alledged , that the daughters disobedience , in a business of so high concernment , might justly deserve to be thus severely punished , and that it were but equal that she , who had so little regard to her father , when the time was , should be as little regarded by him afterwards : all this granted , cometh not yet up to the point of shewing mercy according to the example of god. no childes disobedience can be so great to an earthly parent , as ours is to our heavenly father : yet doth he notwithstanding all our ill deservings continually do us good , communicating to our necessities , and causing his sun to shine , and his rain to fall , and infinite benefits in all kinds to descend upon mankinde , not excluding the most thankless , and disobedient , and rebellious , from having a share therein . . and as for that other branch of mercy in pardoning offences , god giveth a rich example to all men , of their duty in that kinde , ( and to fathers particularly ) by his great readiness to pardon the greatest offenders , if they sincerely seek to him for it . if the father in the parable , luke . had proceeded with such severity against his riotous son , as to have vowed never to have received him again ; he had been a very improper exemplar , whereby to shadow out the mercy of god to repentant sinners . concerning the great importance of this duty , which is so frequently inculcated by christ , and his apostles , and so peremptorily enjoyned , as not any other duty more . see mat. . , . mat. . . — . eph , . . col. . . james . . see also sirac . . , &c. ] i shall not need to say much : only as to the present case , it would be considered , how perverse a course it is , and contradictory to it self , for a man to think himself obliged , by one inconsiderate act , never to forgive his daughter ; when as yet he cannot beg pardon of his own sins , at the hands of god , ( as he ought in his daily prayer to do ) without an express condition of forgiving every body , and an implicit imprecation upon himself , if he do not . . but shall the daughter that hath thus grieved the spirit of her father , thus escape unpunished , and be in as good a condition , as if she had never offended ? and will not others be incouraged by her impunity , to despise their parents after her example ? there is much reason in this objection ; and therefore what i have hitherto written , ought not to be understood , as if thereby were intended such a plenary indulgence for the daughter , as should restore her in integrum , but only that she should be made capable of receiving such relief from her father , from time to time , as in relation to her necessities , and after carriage , from time to time , should seem reasonable ; and that his vow ought not to hinder him from affording her such relief . but by what degrees , and in what proportion . the father should thus receive his daughter , into his fatherly affection , and relieve her , must be left to discretion , and the exigence of circumstances . onlyl should advise ( in order to the objection , viz. for examples sake , and that the daughter might be made , even to her dying day , and kept , sensible of her great and sinful disobedience to her father ) that the father should cut off from his daughter , and her posterity , some meet portion of his estate , ( as perhaps a fifth part at the least ; or if a fourth , or a whole third part , i should like it the better : ) and by a solemn deliberate vow , dedicate the same to be yearly imployed in some pious and charitable uses . these times will afford him choice of objects , if god shall move his heart so to do ; and by so doing , he may , first , in some sort redeem and make a kinde of satisfaction for his former rashness , ( not popishly understood , and in regard of the justice of god , but ) in a moral sense , and in regard of the world , and his own conscience . secondly , it may be a good means to keep the daughter in a continual fresh remembrance of her fault , that she may not , after a short and slight repentance ( as in such cases too often it happeneth ) forget the same ; whereof she ought to have some remorse all the dayes of her life . thirdly , he shall thereby after a sort , perform his first vow ; i mean according to the general intention thereof , and the rational part , ( which was to make his daughter repent her folly , and to smart for it : ) the over-plus more then this , being but the fruit of rancor and perturbation . lastly , he shall in so doing , doubly imitate god , our heavenly father . first , when a rash , or sinful act is made an occasion of a pious , or charitable work ; it beareth some resemblance of , or rather is indeed it self a gracious effect of that goodness and wisdom in god , whereby he bringeth light out of darkness , and good out of evil . secondly , god himself when he graciously pardoneth a high presumptuous sin , as he did davids great sin , in the matter of uriah , commonly layeth some lasting affliction upon the offender ; as he did upon david , who after the sealing his pardon for that sin by nathan , scarce ever had a quiet day all his life long . the reason whereof seemeth to be double , partly for admonition to others , that none presume to provoke god in like manner , lest they smart for it also in like manner : and partly for the good of the offender , that he may by the smart be brought to the deeper sense of his error , and be eft-soons reminded of it , lest he should too soon forget it . thus have i with very much ado , ( in that weak condition i have been in , ever since the question came to my hands , and wherein i yet continue ) declared my opinion fully concerning the whole business as far as i understand it . more largely i confess then i intended , or perhaps was needful : and with greater severity , then ( it may be ) the parties will well like of . but truly i desired to do the part of a faithful confessor , and the sores on both parts seemed to be such as were not to be touched , with too gentle a hand : in the daughter , an act of high disobedience , transported by the passion of inordinate love ; and in the father an act of great rashness , transported by the passion of inordinate anger : both beyond the bounds of right reason , and religion ; and both to be deeply repented of . howsoever , i cannot be suspected to have written any thing , either out of favour for , or prejudice against either party ; not having the least conjecture , who the persons are that are concerned in the business : nor so much as in what part of the nation they live . i shall pray that god would direct them both , to do that which may best serve to his glory , and bring the soundest comfort to their own souls . amen . finis . notes, typically marginal, from the original text notes for div a -e senec. . de. clem. . a happy handfull, or green hopes in the blade; in order to a harvest, of the several shires, humbly petitioning, or heartily declaring for peace. fuller, thomas, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing f thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) a happy handfull, or green hopes in the blade; in order to a harvest, of the several shires, humbly petitioning, or heartily declaring for peace. fuller, thomas, - . [ ], , [ ] p. printed for john williams at the sign of the crown in st. pauls church-yard, london : . epistle dedicatory signed: john williams. a collection of petitions, remonstrances and declarations from various parts of the kingdom. -- thomason catalog. annotation on thomason copy: "vide single sheets in fol. printed about a month before this in ⁰"; "may. d". reproduction of the original in the british library. eng england and wales. -- parliament -- early works to . political science -- sources -- early works to . great britain -- history -- commonwealth and protectorate, - -- early works to . great britain -- politics and government -- - -- early works to . great britain -- constitution -- early works to . a r (thomason e _ ). civilwar no a happy handfull, or green hopes in the blade;: in order to a harvest, of the several shires, humbly petitioning, or heartily declaring for fuller, thomas b the rate of defects per , words puts this text in the b category of texts with fewer than defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion a happy handfull , or green hopes in the blade ; in order to a harvest , of the several shires , humbly petitioning , or heartily declaring for peace . diadem psal. . . seek peace , and follow after it . london , printed for john williams at the sign of the crown in st. pauls church-yard , . to his highness the lord general monck . my lord , what formerly was in single arrows , is here bound in a sheaf , i conceive it good that by such conjunction , they might mutually reflect light one on another . posterity will probably be pleased to look back on such passages . some love to see the little coats they then did wear when children . alas , these all were the essayes in the infancy of our liberty , now grown a stripling , god send it to be a man ! yet they differ rather in sound than in sense , variously expressing the same matter . so many men , and but one minde , is admirable ; prompted certainly by the spirit of unity inditing them . factious petitions , gave the beginning , and loyal declarations must give the end to our miseries . but here is the difference , the first were made by the scum , these by the cream of the nation . aeneas did beg the boon of the sybil , that she would not write her oracles ( according to her usual course ) in leaves of trees blown away with every wind . these declarations formerly were printed in leaves or single papers , which are soon lost , not to say , the best of papers so printed , are oft consigned to the worst of uses . this is a way to preserve , and to propagate them . i remember the verse of the poet , singula cum valeant sunt meliora simul , take each of them asunder , good as either , then needs they must be best , all put together . what ( as single stars ) was good , must be best in a constellation . god happily perfect what is so hopefully begun by your honour , though my voice is too weak to be the eccho to the sound of the whole nation : your honours most humble servant , john williams . an express from the knights and gentlemen of cheshire , now engaged with sir george booth : to the city and citizens of london , and all other free-men of england . worthy citizens , and all other our english free-men and brethren , as we are english-men we are all incorporated into one body , and though distinct and different families , fortunes , and qualities , yet fellow members and coheirs of one and the same birth-right ; not onely by nature , as we are the sons of men ( nature obliging all in one common and equal bond of freedom and unity , ) but by certain sacred laws and customs of peculiar and inherent right to this nation ; general , equal , and impartial to all , without respect of persons , rank , quality , or degree , derived through all successions of ages , by the blood , justice , and prudence of our fore-fathers to us their posterity , as ours , and the right of our children after us , not dis-inheritable : though this age were wholly made up of apostates and traytors to common justice and freedom , and should make sale of , and deliver up their children as slaves and vassals , yet english right abideth , to wit , our just laws and liberties , and may justly be re-inforced as opportunity may present ; sometimes they sleep , but never die , their total extinguishment is not to be imagined , so long as any englishman , or english blood abideth : and whoever undertaketh ( though by arms or otherwise ) their recovery and redemption is justified in that very action by the laws of god , of nations , nature , reason , and by the laws of the land ; and within the bowels of our nation amongst our selves no war can be justified , but upon that score , the contrary is sedition , murde● treason , tyranny and what not , and the instruments thereof no other in the eye of english freedom and right , but as bears , wolves , and other beasts of prey . now right worthy and noble citizens , and all other our english brethren , let us consider and lay to heart the sad and deplorable condition of our native countrey : oppression , injustice , and tyranny reigneth ; division , discord , and distimulation fomented and fostered ; trade and industry discouraged , our land rent into parties and factions , and the common band of unity cancell'd , our fundamental laws supplanted , high courts of justice introduced , the blood of war sh●d in times of peace ; arbitrary and illegal imprisonments , patents , monopolies , excise , and other payments brought upon us , and continued contrary to magna charta , and the petition of right ; no form or face of government of english constitution amongst us ; the name and athority of the people in parliament usurped and abused , and the stamp thereof put upon strange and prodigious actions , vexing and oppressing the people with dayly changes and alterations in government , as the interest of some few ambitious grandees alter and change , or get advantages one of another , and all under the name of a common-wealth , when as the nature is not practised or intended at all , it being utterly inconsistent with their very temper and interest ; they are wrapt up and compounded of nothing but guilt-blood , and tyranny ; and equal and common justice ( the essence of a common-wealth ) are utterly repugnant thereto ; and whatsoever they can do must be planted and maintained by sword and violence against the very heart and sence of the nation ; and they know not where or how to centre an oligarchy , or something they would have to be masters of the people , and perpetuate their power and tyranny , and therefore would amaze and confound us with their new debares of a coordinate power , or senate for life , such as our english , laws and liberties know not of , and of pernicious consequence to this nation ; so that from these men that thus handle the stern at westminster , there is no expectation of any just settlement of peace , or freedom from oppression ; especially considering the apostacy , hypocracy , deceipt , and perjury of those men , their manifold solemn engagements , oaths , vows , protestations , appeals unto heaven ; promises , remonstrances , declarations , all by them broken again and again , never keeping faith , truce , or oath , being unbounded , unlimited , certain to nothing , not to be held either by the law of god or man , of conscience or reason ; and from such persons in government , good lord deliver us , and all the good people of england ; and that all this is true of them , your consciences ( noble citizens , and all other the free-people of england ) can witness , there is no tongue , no pen is able to vindicate them in this point ; it is known of all , owned by all , and can be denied by none ; how then can any honest or just man shed any blood in their quarrel , or lend them assistance ? surely that blood will be required at their hands , and we doubt not but you will be carefull what you do . and therefore from those considerations and just provocations , that we have taken up arms in pursuance of , and inquisition after our government , laws , and liberties , that every english-man may be protected and secured in his religion , liberty , and property ; and though it may be suggested , that we intend to introduce prosecution for conscience into the land again , we do hereby ( in the presence of almighty god ) protest and declare against all coercive power in matters of religion , and that to the utmost of our strength ( through gods assistance ) we will endeavour , to the hazzard of our blood and fortunes , the freedom and protection of all vertuous and religious people , by what name soever differenced from us , equal with our selves : and that no forreign , or other authority , save only the civil be exercised in england : that the practise of the law be reformed ; all corrupt statutes repealed ; annual elections of all officers and magistrates , with the constant succession of parliaments restored ; our fundamental laws cleared and asserted ; and whatever is contrary there to be abolished : that no trials be admitted in england for life , limb , liberty or estate , but by the good old way of juries ; and that they be restored to their original power and purity : that all extrajudicial and illegal proceedings by high-courts of justice , or otherwise , with all illegal and arbitrary committees , be strictly provided against : that the excise , and all other payments and taxes , ( such as our ancestors never knew of ) together with all monopolies and patents destructive to trade and the common good of the nation be also abolished ; and , that our parliaments and magistrates be secured from all force and violence ; and utterly cleared from all boundlesse prerogative , and unlimited priviledge : that the right of the poor in the commons of england , all donations for charitable uses , and all lands formerly belonging to the people , be restor'd again : and that mercy and justice be truly established amongst us . and for these ends , and what else may be of publick good to the nation , we do desire , and indeed challenge , as of english right , the speedy election of a new free parliament . and thus , most noble citizens , brethren and fellow freemen of england , we have dealt truly and plainly with you , and given you the real grounds and reasons of our taking up arms ; looking upon you as the most concern'd in the nation , and therefore hold our selves the more obliged to give you this early advice of our candid and just intentions in this undertaking , that you may not be deluded or frighted ( though falsly ) into any strange opinion of us , either through your own mistake , or by the pollicy of those men who will leave no means unattempted to render us as publick enemies , rebels and traitors , plunderers , tyrants and persecutors , or whatever is odious and monstrous , to engage you in blood . believe us , right worthy citizens , and free-born english brethren , we have no design of fire or sword , or of evil toward you or your city , or any part of the nation , or any person in it : we know there are thousands amongst you that are satisfied in us ; it may be indeed that many or most of the gathered separate churches may be fearfull and jealous of us , and so may be induced to arms against us ; but we do again and again protest before almighty god , and the whole world , that we have no other purpose towards them , but that they with us , and we with them , may be bound up as friends and brethren in the common cause of our countrey , that every english-man may have english freedom and right ; and we do not desire to wrong man , woman , or childe the worth of a shoo-latchet : therefore we hope you will first well advise before you proceed in a new war , lest you bring not only your own , but others blood on your heads , ( for we are resolved to presecute this to the last drop of our blood . ) the case of england is laid before you , our laws and liberties , they are yours as well as ours , and for which we have all engaged in the first war , and not to be so slightly valued as to be set at stake against the private ends of some ambitious and corrupt persons : salus populi , suprema lex ; let the people live , and their enemies perish . therefore we beseech you , we conjure you as english men , to stand by your native countrey , and your countrey's cause : our voice is , and it is no other than the consent and voice of the people , a new free parliament , a new free parliament ; it is the english man's main birth-right , which we are resolved to put the people in possession of , or to perish with our swords in our hands . but if you will not joyn , but degenerate , we hope notwithstanding ( by gods blessing ) to carry on this work : yet to that just and glorious work we may challenge your concurrence , it being your duty as well as ours to endeavour the procurement thereof ? and therefore to you make it our proposal , to your militia , to the army , and the whole people , for the prevention of a new war , and the effusion of english blood , that you would be instrumental with us for the speedy election of a new free parliament , for the ends aforesaid ; and in the interim all hostility to be forborn ; and that a day may be appointed , and the people suffered to go to their free elections , and we shall quietly submit to their authority ; heartily desiring , that all revenge , division , rancor , and animosity of spirit may be for ever buried in one general act of oblivion ; and that all parties , sects , and sorts , ( now jarring and making up interests one against another ) may reconcile , cement , and concenter in the common brotherhood of english freedom and right ; in , and for which we are . sir george booth to a friend of his in london . sir , my last to you of the second instant , i understand you have committed to open view , the publication whereof was of general satisfaction to your friends here , and for which we all hold our selves obliged . i have sent you here inclosed an express from the knights and gentlemen engaged with me , and beg this further addition to your former many favours , that you would please to take the care upon you , to get the same printed and published , for the undeceiving of those amongst you , and all other that are yet doubtfull or unsatisfied in us . the messenger will inform you of the present state and condition of affairs with us , to whom i refer you . in haste i rest , sir , your most affectionate friend and servant , george booth . manchester aug. . . alleyn mayor . at a common-council holden in the guildhall , london , on tuesday the . of december , . this court having taken notice of divers affronts put upon the right honorable thomas alleyn , the present lord mayor of this city , with many false and scandalous aspersions cast upon his lordship , and the committee appointed by this court to confer with the lord fleetwood touching the peace and safety of this city : as if they had deserted their trust , or betrayed the rights and liberties of this city . and in particular , that the said committee seemed satisfied with the limitations of parliament , called the seven principles , or unalterable fundamentals , printed in a late scandalous pamphlet stiled , the publick intelligencer . the said committee here openly declaring ; that they never heard the said principles , or had them any way communicated to them , much lesse ever consented to the same , or any of them . this court being deeply sensible of these great indignities , doth declare , that the said lord mayor is so far from deserving any of the said affronts or aspersions , that he hath highly merited the great honour and esteem of this court and the whole city , having in all things demeaned himself with much prudence and faithfull integrity to this city and court , which doth therefore return his lordship their most hearty thanks . and that the said committee in all their transactions , touching the peace and safety of this city , have also discreetly and faithfully discharged their trust , to their own trouble , and great satisfaction of this court . and whereas this court and city hath been lately represented by some , as having deserted their first cause and declarations in the use of all lawfull means for the maintenance of the true reformed protestant religion according to the scriptures ; the support and maintenance of a settled lawfull magistracy , a learned pious ministery , and publick universities , with the ancient fundamental laws of the nation , just rights , properties and liberties of all persons : and for these ends will endeavour , all they lawfully may , the speedy convening of a free parliament to sit and act without interruption or molestation , by any persons whatsoever . sadler . to the right honorable , our worthy and grave senators , the lord mayor , aldermen , and comonalty of the city of london , in common council assembled . the humble petition and address of divers young men , on the behalf of themselves and the apprentices in and about this honorable city . most humbly sheweth , it hath pleased the good and only wise god , for our and the nations crying sins , to manifest his displeasure for many years together against these our flourishing , now sadly divided , distracted and almost ruined nations : and yet blessed be god , this honorable city hitherto hath been no proportionable sharer in the calamities which our brethren in other parts of these now miserable nations have suffered , which are now aggravated by our divisions , and such a general decay of trading , as doth exceed the worst of former times ; all which we look upon as a most sad presage of some art , and dismal judgement very near at hand , if not our sudden ruine ; together with the destruction and utter dissolation both of church and state , which will inevitably ensue as a just reward upon our multiplied provocations , under the most signal manifestations of gods most gracious presence , and the most engaging mercies that ever people did enjoy ( unlesse it please our most gracious god whose name hath been exceedingly dishonored , by the violation of many sacred and solemn oaths ) amongst us to work our deliverance out of this contexture of dangerous mischiefs , into which we have already wound our selvs : or which as the innundations of mighty waters may suddenly break in upon us : and being sadly sensible of the calamities under which the three nations groan , for want of a well-ordered and established government . we being members in the same pollitical body , cannot but sympathize with the rest of our brethren : and forasmuch as our endeavours may contribute very much thereto , and the well or ill management of your talents in the discharge of your trusts may now make these nations happy , or else make them irrecoverably miserable . we hold our selves obliged in conscience to god and our countrey , both by the laws of god and the land , in the behalf of our selves , and all good and peaceable people in the land , and the many thousands that know not their right hand from their left ; and in the behalf of the children unborn , who in time to come may have cause to blesse or curse the day of their birth for your sakes , do make this humble addresse to you , as the only means under god now left us to redresse these growing mischiefs which make us and the three nations in these times of our great trouble cry unto you ( as those of macedonia did in the apostles vision ) come and help us . and we beseech you , our most grave and worthy senators , as you tender the welfare of these bleeding nations , to stand in the wide gap of our breaches , with your prayers , improving your councils , and every talent ( which god hath reposed in you ) for the honour of god , and the peace of his church , by a reall reformation , and we question not but our most gracious god will then break through the thick clouds of these black and dark providences , and return unto us our judges as at the first , and our counselors as at the beginning , with the abundance of the blessings of peace , that judgement may run down our streets , and righteousness as a mighty stream . and we humbly desire the two great pillars of the land , magistracy and ministry may be asserted and encouraged : in order unto which , we humbly present unto your grave and serious consideracions . first , the priviledges of the gospel which we do enjoy at this day , in the faithfull preaching and dispensing of gods holy word and sacraments , together with the labours of so many of his faithfull servants in the ministry , and the liberty of these sacred ordinances , being the best and choicest of our national blessings ; in respect of which , we may well say ( with holy david ) god hath not dealt so with any nation : which with thankfulnesse we desire to ackowledge as a great mercy to this land : and should the lord remove this candlestick out of its place , as we have just cause to fear he will , unlesse we do repent ) then may we indeed complain with phineas his wife , the glory is departed from our israel , and a dark and dismal night of black and gloomy ignorance , error and prophanenesse will envelope our valley of vision . and to the end that this choice blessing ( which we account more precious than our lives ) may be conveyed to posterity , we most humbly desire the ministry may be countenanced and encouraged , the universities upheld and maintained , which have nursed many famous preachers for piety and learning in this and former ages , and your authority used for the terror of evil doers , but the praise of them that do well . secondly we esteem and assert , as our undoubted birth-right , the freedom and priviledges of our parliaments , as being the great charter of the people of england , which we account equally dear with our lives ; in the enjoyment of which we yet hope , under god , to see a happy and lasting settlement both in church and scate . therefore we most humbly desire , that a new election may be made , or else that those worthy gentlemen chosen to serve as members in the late free parliament , may be restored to their priviledges , and sit without disturbance or force from the army , that they may consider in this evil time , what england , scotland , and ireland ought to do , which ( with submission to your grave judgements ) we humbly conceive to be the most probable means under god to establish the true protestant religion , reform the laws , secure our liberties and preserve our lives and outward concernments , to promote learning end encourage vertue , whereby peace with our neighbour nations may be renewed and established , the army satisfied , their arrears paid , and trading restored . in all which , most grave and worthy senators , your own concernments ( as well as ours ) are so deeply engaged , that we perswade our selves you will be instumental to further our desires , by all peaceable and lawfull means , and we hope it will put an end to our divisions , which ( if god in mercy prevent not ) may soon break out into another civil war , and render us as a prey to a forreign enemy , for a kingdom divided against it self cannot stand . now we leave it unto you our most grave and worthy senators , duly to consider , if you part with these our great national blessings , whether you will not discover a palpable breach of trust , and leave your names for a reproach to the generations following , who will in the ages to come rise up and call you blessed , if you be carefull to preserve them now , and convey them to posterity : and now we beseech the lord to strengthen both your hearts and hands , and give you wisdom from on high to direct you in all your consultations , as may be most for the honour of god , the peace of his church throughout the world , and the settlement , safety and happinesse of these poor nations : and by his assistance we resolve to stand by you and with you , to the utmost hazzard of our lives and all that is deare unto us , to promote the same . munday . december . this day the lord mayor , aldermen , and common council being assembled , the fore-recited pitition was presented by several young-men and apprentices , in behalfe of themselves and several thousands which have subscribed the same ; the which being received , was ordered to be read , and thereupon a committee chosen to consider thereof , and to give their speedy report unto the next court concerning the same . at the same court it was likewise ordered , that the lord general fleetwood should be desired to draw off the soldiers , unto their several quarters ; it being then also ordered , that every common council man in his several precinct , should give notice to the house-keepers within the same , that they should keep their servants and apprentices at home , thereby to preserve the peace of the city . to his excellency the lord general monck . the vnanimous representation of the apprentices and young-men inhabiting in the city of london . humbly sheweth , that the glory of our nation , and the greatest comfort of our lives in our civil interests , consists in the priviledges and liberties to which we were born , and which are the undoubted inheritance of all the free people of england , among which the grand and essential priviledges which discriminates free-men from slaves , is the interest which every man hath in the legislative power of the nation , by their representatives assembled in parliament : without which , however we may flatter our selves , or be flatter'd by others , we are truly no better than vassals govern'd by the will and pleasure of those who have no relation to us , or our common interest . now how much this dear priviledge of the people hath been assaulted by the open violence of some , and secret artifice of others , and to what a deplorable condition we are brought at this present period , when heavy taxes are imposing upon mens estates , and new laws upon our persons , without any consent of the people had in a free parliament , and how generally , through the said distractions in government , trading is decayed , and how much we are likely to suffer thereby in our times and places , we cannot but remonstrate to your excellency , constrain'd through the sense of our present sufferings , and apprehensions of greater , to implore your assistance , most humbly beseeching your excellency , by that ancient love you have born to your native countrey , zeal to our liberties , by that great renown you have lately gain'd in opposing the cruel raging of the sword , by the common cries of the people , and by the hopes and cheerful expectation of all england now fix'd upon you ; and lastly , by your own personal concern in the same common cause as a free-born english man , that you would be pleased to use those great advantages divine providence hath now put into your hands , to the securing your native countrey from those dangerous usurpations , and preserving us in those liberties to which we were born . that no tax may be imposed , nor new law made , nor old abolisht , but with the consents of the people had by their representatives in parliament , freely to be chosen without terror or limitations , and freely to sit without any oath or engagement previous to their entrance , without which special liberties the parliament cannot in any construction be esteemed the free assembly of the people ; and by your excellency's asserting of those our undoubted rights in your present advantages , you will certainly , by the blessing of god , and unanimous concurrence of the people , accomplish our ends , and will thereby gain the hearts and hands of the whole nation , and the city in particular , and purchase to your self a name that shall make every true english man call you blessed , and posterity shall hereafter delight to recount the famous acts of their worthy patriot . this was delivered to his excellency at s. albans , on thursday febr. . . by persons elected for that purpose , and had a very cheerfull reception . the declaration of the nobility , gentry , ministry , and commonalty of the county of kent . together with the city and county of canterbury , the city of rochester , and the ports within the said county . having with sadnesse weighed the multiplied calamities wherein we are at present involved , how friendlesse we are abroad , and how divided at home ; the loud and heart-piercing cries of the poor , and the disability of the better sort to relieve them ; the total decay and subversion of trade , together with the forfeiture and losse of the honour and reputation of the nation ( what is more dear to us than all these ) the apparent hazzard of the gospel , through the prodigious growth of blasphemies , heresies and schism , all which own their birth to the instability of our governors , and the unsettlement of our government . lastly , how in all these an universal ruine threatneth us , and will ( if not timely prevented ) doubtlesse overwhelm us . we thought it our bounden duties , both as christians , out of tendernesse to our religion ; as english men , to our countrey ; and as friends , to our selves and our relations , to represent and publish to the world our just griefs for , and our lively resentments of this our deplorable condition , and to seek all lawfull and probable means to remedy and redresse the same . wherefore having the leading examples of the renowned cities of london and exeter , together with the counties of the west , before our eyes ; and the clamors and out-cries of the people always in our ears , ( whereof the one encourageth , and the other enforceth us to this our declaration ) we thought that we would not be silent at such a time , when our silence would speak us to be assentors to our own ruine , or abettors of such proceedings as have neither law nor equity to support them . we therefore the nobility , gentry , ministry , and commonalty of the county of kent , together with the city and county of canterbury , the city of rochester , and the ports within the said county , do by these presents unanimously declare , that our desires are for a full and free parliament , as the only probable means , under god , to lead us out of this maze and labyrinth of confusions in which we are at present engag'd ; that is , that the old secluded members , so many of them as are surviving , may be re-admitted into the house , and that there may be a free election of others to supply the places of those who are dead , without any oath or engagement previous to their entrance ; these we shall own as the true representatives of the people ; these we shall with our lives and fortunes , to the uttermost of our power , assist , and with all cheerfulnesse submit to , and acquiesce in whatsoever they shall enact or ordain . thus concluding , that all publick spirited men , and good patriots , will with all readinesse joyn and concur with us in a matter of so universal concernment , and that we shall finde opposition from none , but such as prefer their own private interests , and temporal respects , to their religion , and laws of the land ; we shall as bodily subscribe our names , as we do heartily declare our desires . advertisement . the forward zeal of some wel-disposed persons , to expresse their cordial and unanimous concurrence with their countrey-men of the several counties and cities of england , having caused a declaration , imperfect in a very weighty and material clause thereof , to be printed and published , in the name of the county of kent , &c. it was thought fit that the genuine and true copy of the said declaration should be set forth , as it was intended to be presented to the speaker , and to the present great arbitrator of the nations peace and happinesse , general monck ; but through the mis-informations of some unquiet spirits , ( who while they may have leave to accuse , will leave no man innocent , nor the state without trouble ) the persons of many gentlemen are secured , and others threatned , by a great force march'd into the countrey , the presentation was necessarily omitted , and the names and subscriptions not exposed to publick view , for reasons very obvious and evident . a narrative of the meeting of some gentlemen , ministers and citizens at the town-hall in canterbury . together with their declaration presented to the mayor at the common burghmoote . understanding that the late procedure of some of the principal gentlemen and citizens , inhabitants of the city of canterbury hath been represented above as a malignant design , tending to tumult and sedition ; we thought fit to publish to the world a brief narrative of the same , together with the declaration it self , that both the one and the other being cleared from the malicious aspersions and calumnies of our adversaries ; the whole nation may judge between them and us , and so give sentence according to the merit of the cause . whereas some peaceable and well-minded gentlemen with some godly and sober ministers , perceiving the people generally bent for a free parliament ( as in the following declaration is expressed ) and hearing that the cities of london and exeter had lately declared for the same , thought it neither unmeet to follow so leading presidents , not unseasonable to joyn their votes with the general desires of the whole nation ; to which end it was resolved to present this following draught to the common burghmoote , and to desire their concurrence therein . thus in an orderly manner , without tumult or noise , without arms in their hands or thoughts , or without anger or threats in their looks ; divers gentlemen , ministers and citizens went to the town-hall on jan. . the mayor , aldermen and common councel then sitting , and presented the declaration at the door , desiring that after a serious perusal thereof , they would be pleased to joyn with them , in a business which they judged agreeable , not only to the sense of that court , but also of the whole county and nation : but when it was mentioned to be put to the vote , whether the paper should be read or not ; some of the bench protested against it , although they knew nothing of its contents ; and in conclusion ( having a long time rather wrangled than debated ) the dissenters ( being but seven of twenty four ) quitted the court , not leaving enough to make a burghmoote quorum ; whereupon , the gentlemen ( who though rudely treated , had quietly attended ) withdrew re infecta , and returned home with as little tumult as at first they came : thus was there nothing done to surprise or disturb the court , nothing to raise a tumult , nothing to cause a second kentish insurrection , as our adversaries give it out : no , the design was not arms , but peace ; not tumult , but settlement ; not to surprize and disturb the court , but to desire an amiable correspondence with the same , to the end that the intended declaration might be made the more authentick by the formal intervention and assent in open court , of the magistracy of so considerable a corporation ; and that the declarers themselves might not be thought to tread in any oblique paths , or to proceed in a clandestine manner : but being disappointed ( as you see ) , herein , it was thought fit to strengthen and confirm our declaration , and to make good the title it bears , by private subscriptions , as well through the whole county as this city ; wherein we had , in three dayes time , proceeded so far , that many thousands were then collected ; whereupon , some gentlemen ( from the slie insinuations and false representations of our aversaries ) were secured in several prisons , to the discouragement of well-begun , and well-meant undertaking ; neither can the gentlemen understand wherein they have offended , or how they should merit imprisonment , since there was no order , nor prohibition to the contrary : although they conceive , that had they proceeded therein , they had not trangressed any known laws of the land ; it being the subjects birth-right modestly to represent their grievances by way of petition , remonstrance or declaration . wherefore lest ( through our silence , and the present suppression of our declaration ) the aspersions of our adversaries might be thought deservedly cast upon us ; we thought fit to publish the same , together with this narrative , deeming that as we have done nothing herein worthy the present severity , so the impartial reader will in his private judgement , absolve us from all guilt or demerit . neither shall we answer our adversaries by way of recrimination , nor ( although we can by undoubted testimonies sufficiently prove it ) say , that the same men who now appear so zealous assertors of the parliaments interests and proceedings , did as eagerly joyn with the army , crying them up as much , with whom they would live and dye , as they decryed this present power in their late interruption , as not consisting with the interest of the nation . no , though this might serve to invalidate their testimony , we shall enlarge no further , but refer to the declaration it self . to the right honourable will lenthal speaker to the parliament . by him to be communicated to the members sitting at westminster . whereas we the gentlemen and freeholders of this county of berks , were generally met together at abingdon , upon some intimation of an election of a knight of the shire , in pursuance of your order , for the filling up of this parliament ; and that some solicitations were used throughout the county for voyces , and being jealous to be surprised therein by any clandestine carriage of the writ : and whereas at this meeting it was further taken into consideration , that this county have with the rest of this nation been deeply sensible of many insupportable grievances and oppressions of late dayes , occasioned through the want of a real , setled , and regular government ; and in particular , that the commissioners for the militia having formerly charged the country to provide arms , which was done accordingly , the said commissiooners do yet direct their warrants for the bringing in of twenty shillings for every foot arms ; which we are very confident is besides the intent of the act which impowers them , and are ignorant otherwise by what authority they proceed therein ; that therefore having seriously consulted the remedies which might be proper for these and the like inconveniences for the future , and by gods blessing reduce us unto a firm , free , and legal settlement of our rights , civil and religious : wee conceived it to be our duty towards god and our country , without any private ends whatsoever , to declare our selves in this sense , that we take it the most satisfactory expedient for it , will be the recalling of all those members that were secluded in . and that before the first force upon the parliament . and , that in the elections which shall bee of any other members in the vacant places , such due course may be taken , as that the country may not any way be surprised , or over-awed therein : and that the secluded members may be admitted to sit without any oath or engagement to restrain their freedome in the least ; wherein we shall be ready to defend you and them with whatsoever is dearest unto us , against all opposition : and pray unto almighty god for his assistance to the happy accomplishment of what may best conduce to the peace and safety of this nation . [ this is subscribed by most of the chief gentlemen and freeholders of the county of berks. ] a concurrent declaration of the inhabitants of the city and liberties of westminster : with the declaration of the people of england for a free parliament . whereas by a wonderful revolution of the divine providence , those members of the long parliament which were strangely brought in by the army ( may the . . ) and as strangely outed by them ( octob. the . . ) are now strangely returned to sit in the house as before , we judge it our concernment to call to minde the act by them made and published , immediately before their forcible interruption , intituled , an act against raising of money upon the people out their consent in parliament : which act of theirs proceeds in these words , and be it further enacted , that no person or persons shall after the . of october , . assess , levy , collect , gather or receive any custome , imposts , excise , assesment , contribution , tax , tallage , or any sum or sums of money , or other impositions whatsoever , upon the people of this commonwealth , without their consent in parliament , or as by law might have been done before the . of november , . and be it further enacted and declared , that every person offending against this act shall be , and is hereby adjudged to be guilty of high treason , and shall forfeit and suffer as in case of high treason . hereupon we judged it meet and equitable to make this following declaration . we do therefore declare that we do freely , cordially , and unanimously assent to the equity of this act , as consonant to the fundamental laws of our nation , the benefit whereof we doubt not but we may justly claim , as our birth-priviledge in all such cases and concernments . and accordingly we do declare that we are ready and willing , as soon as an opportunity is given us , to make choice of such persons as may declare our consent in parliament , for the raising of such sums of money , as by them shall be thought necessary to defray the publick charges , and manage the publick concerns of the nation , seeing most of those persons that were formerly chosen by us for this purpose , are either taken away by death , or by seclusion debarred from sitting in the house . and we do hereby declare further , that we neither do , nor shall ever give our consent , that any assesment should be made , or imposition laid upon us by any person or persons whatsoever , until our consent be so declared by persons thus chosen and intrusted by us for this end and purpose . and therefore if any person or persons whatsoever shall contrary to the forementioned act , and the fundamental laws of this nation , lay any assesment or imposition upon us before our consent is thus declared , under what pretence or colour soever of authority or necessity it shall be done , we do hereby declare to the world , that we are under manifest constraint and force , and our goods and estates are violently extorted from us , contrary to law and justice , which injuries we shall no longer bear than an opportunity shall be offered us to right our selves , and repossess those priviledges that pertain to us by the laws of our nation . and hereunto so universal and unanimous is our concurrence , that it would be endless for us to subscribe our names ( which neither this , nor any such papers could contain ) but yet if any doubt or mistrust of the truth of the matter hereby declared should be conceived or pretended by any , and the members of parliament now ( whom we conceive it doth in a special manner concern ) shall desire a visible testimony hereunto , for their further satisfaction and more full assurance of the truth and realty hereof , we shall be ready upon the least intimation thereof by them given us , in the several cities and counties of the land , to own and subscribe to what is hereby declared , and act accordingly . for some proof of the premises , we the inhabitants of the city and liberty of westminster , capable of the choice of two burgesses to serve in parliament , have to this present delaration subscribed our hands , and so much the rather that we might hereby take occasion to signifie to the whole nation our cordial concurrence with the common councel of london , in what was done by that honourable court , in the behalf of the city of london in their declaration of . decemb. for a free parliament . the humble desires of the kinghts , gentlemen , ministers , freeholders and inhabitants of the county and burrough of leicester . delivered to his excellency , the lord general monk , at st. albans the thirtieth of january , . by george fawnt esquire , high sheriffe of the said county , willam boothby , richard orton , and richard halford esquires , entrusted for that purpose by the whole county . we the knights , gentlemen , ministers , free-holders , and inhabitants of the county of leicester , humbly conceiving , that the first force put upon the parliament , hath been an encouragement and occasion to all the rest : and finding that your excellency ( under god ) hath been the principal means , for repairing the last interruption , are the more encouraged to desire your assistance , in the promoting of these our just desires as a visible means of an happy peace and settlement of these nations . and whereas every free-born person of england is supposed to be present in parliament , by the knights and burgesses of the place where he liveth , and thereby is presumed to give his consent in all things that pass in parliament ; there is not ( as we are credibly informed ) one knight for all the counties in wales , nor for divers counties in england , and some of them the greatest in england , as that of yorkshire . we therefore desire , that all vacant places be supplied , whether they became vacant by death , or judgment of parliament : and that those that were secluded by force in the year . may sit again . and that no previous oath or engagement be put upon any , that is chosen by his countrey to sit and vote freely in parliament . that the fundamental laws of england , the priviledges of parliament , the liberties of the people , and the property of goods , may be asserted and defended , according to the first declaration of parliament , when they undertook the war ; and no taxes or free-quarter imposed upon any , without authority of parliament . that the true protestant religion may be professed and defended , all heresies , sects and schisms discountenanced and suppressed ; a lawfull succession of godly and able ministers continued and encouraged ; and the two universities , and all colledges in both of them , preserved and countenanced . that a fitting and speedy course be taken , for the paying and discharging the arrears of such officers and soldiers as submit to authority of parliament , and that they may be speedily reduced to a lesser number , for the easing of the great taxes and burthens of these nations . the humble address , and hearty desires of the gentlemen , ministers , and free-holders of the county of northampton . presented to his excellency the lord general monck , at his arrival at northampton , january . . we the gentlemen , ministers , and free-holders of the county of northampton , humbly conceiving , that the first force put upon the parliament hath been an encouragement to open the way to all the rest ; and finding that your excellency under god hath been the principal means for the repairing of the last interruption , are the more encouraged , and ( having the conveniency of your presence now amongst us ) to desire your assistance in the procuring these our just desires , as the visible means of a happy peace and settlement of these nations . . that whereas every free-born subject of england is supposed to be present in parliament by the knights and burgesses of the place where he liveth , and thereby is presumed to consent to all things that passe in parliament : so it is now , that there is not one knight for all the counties in wales , nor for divers counties in england , and some of them the largest in england , as that of yorkeshire . . that no free-born subject of england may have any taxes levied upon him , without his consent in parliament . . to that end , that all vacant places may be supplied , whether they became vacant by death or seclusion ; and that those that were secluded by force in the year may sit again ; and that no previous oath or engagement may be put upon any that is chosen by his countrey to sit and vote freely in parliament . . that the fundamental lawes of england , the priviledges of parliament , the liberty of the subject , and the property of goods , may be asserted and defended , according to the first declarations of the parliament , when they undertook the war . . that the true protestant religion may be professed and defended , all heresies , sects and schisms discountenanced and suppressed , a lawfull succession of godly and able ministers continued and incouraged , and the two universities , and all colledges in both of them , may be preserved and countenanced . . that all the soldiery that will acquiesce in the judgment of a free and full parliament , in the promoting and setling a happy peace upon those foundations , may have their arrears paid , and as many of them as the parliament shall think necessary , may be continued in the publick service ; and that as many of them as have been purchasers of lands from the parliament , may either enjoy their bargains , or their money paid back with interest , and some considerable advantage over and above , for their satisfactions , as the parliament shall judge expedient for the publick good of the nation . this address was prepared by the gentlemen , &c. abovesaid , to be presented to general monck , at his entrance into northampton . to his excellency the lord general monck . the congratulation and addresse of us the knights , divines , free-holders , and others of the county of bucks. humbly sheweth , that with all possible gratitude we admire the wise and gracious dispensation of things by almighty god , who hath moved your self , and other the worthy officers with you to such just and honorable resolutions , as to put your selves into the breach then , when tyranny , irreligion , and all confusion , like a mighty flood were ready to break in upon us . an occasion in which , whether the noblenesse of the attempts , or the happinesse of the successe were more considerable , after times will take pleasure to discourse : and we at present congratulate these your sentiments of honour and conscience . sir , our credit abroad is impaired , our trade at home is decayed , our fundamental laws are violated , our primitive apostolick religion endangered : the cause of all which we humbly conceive is the force and violence put upon the parliament in the year . and since to obviate all which evils we request the total removal of that force , and that all surviving members so secluded , be restored to the discharge of their trust vacancies be supplied by free elections according to law , that no previous oaths or engagements be put upon any of them that shall be chosen to sit and vote in parliament . sir , this is our desire , and as we observe 't is the voice of the whole people , and that is the voice of god ; we doubt not but that you have been reserved for such a time as this : in pursuance of which we are ready to hazard our lives and estates . a declaration of the city and county of gloucester . being deeply affected , and most sadly sensible of the present miseries , which both our selves and the whole nation lie under : we cannot be altogether silent in the expressions of our griefs , and declaration of our desires and thoughts of the most probable means ( by gods assistance ) to give some remedy to our present sufferings , and prevention of our yet greater calamities , which threaten our speedy ruine : the cause of all proceeding ( as we conceive ) is from that unhappy disorder in that great wheel of government . and that after all our great sufferings and trials , the vast expence of treasure and blood for our rights , liberties , and priviledges of parliament , ( which we take to be the good old cause ) such persons in whom we have already lodged our trusts , and who have sufficiently manifested their endeavours to perform the same , namely , nathaniel stephens , esq sir john seymore , kt. edward steephens , esq john steephens , esq and the right honorable thomas lord fairfax , have been since december . and still are denied the freedom of sitting , and voting in parliament . the restauration of which members we desire with all freedom to their former capacities . and declare we shall not otherwise consent to pay tax , or other impositions , or hold our selves bound by any law to be made , without a restitution of these our representatives , with a supply of all vacancies , by a free election , according to the fundamental laws and constitutions of this nation , it being the undoubted birth-right of all the free-born people of england , that no tax or other imposition be exacted from them , or any new law imposed upon them , but by their consents had by their representatives , in a full and free parliament . and we further declare our hearty desires , for the burying all former animosities and differences , by a full and general act of oblivion and indempnity , with satisfaction to be given to purchasers , under any act of sale ; as by parliament shall be thought fit . and that no officer or soldier , that hath ventured his life for the freedom of his countrey , and shall continue faithfull to those principles , may hereby receive any discouragement . we also declare , that we shall freely and willingly consent , that all such shall receive their arrears , and be continued so long as the parliament shall think fit , in order to the safety and preservation of the nation , and that such liberty be allowed to tender consciences , as is not opposite to the scriptures , or the established laws of this nation . we also declare , that in pursuance of these our just desires , we shall not be wanting to the uttermost of our powers , to engage our selves by all lawful ways and means , with our fellow brethren , in the just vindication of our liberties , and shall neither count our lives or fortunes too dear to hazard for the redemption thereof , and herein we shall not doubt the ready concurrence of all those in the three nations , whose peace , prosperity and safety is equally concerned with ours . this declaration being subscribed by great numbers of considerable persons of that county , was to have been presented to the speaker by some of them ; but considering how sir robert pye , and major finchers handsome behaviour was unhandsomly rewarded with imprisonment , for a particular of the same nature , it was thought more proper to preserve the liberty of personages of so much worth til a better opportunity , and therefore it is thought fit thus to communicate this , for the vindication of this county and satisfaction of the whole nation . the remonstrance of the knights , gentlemen , and freeholders of the county of gloucester . we do claim and avow it to be our undoubted birth-right and liberty , that no new laws , much lesse any new government , can or ought to be imposed upon us ; nor any taxes , contributions , or free-quarter taken of us without the consent of the people of this nation in a free-parliament assembled ; which liberties have been often confirmed to us by the great charter , the petition of right , and many other statutes : and parliaments being the only bulwarks and defence of our liberties , as men and christians ought to be , freely elected , and to sit and vote without interruption or opposition by any persons whatsoever : the priviledges whereof we are all bound to maintain and defend , and to assist and maintain each other in the defence thereof . and therefore we resolve , according to our bounden duty , to joyn with the lord mayor and common-councel of the city of london , and all other counties in england in pursuance thereof . and we do not doubt but all true hearted english men who love their own liberties , and are not willing to be made slaves , or to enslave their brethren , will joyn with us herein . a letter agreed unto and subscribed by the gentlemen , ministers , free-holders and sea-men of the county of suffolk . presented to the right honorable , the lord mayor , aldermen , and common-councel of the city of london , assembled january . . right honorable , please you to accept this paper as a testimony , that we are highly and gratefully sensible of those breathings and essayes towards peace , which your renowned city hath lately declared to the world : as we earnestly wish , that our serious and unanimous concurrence may ripen them to a perfect accomplishment . we are willing to consider it as an omen of mercy , when we observe the nation in general , lifting up its vows to heaven for a free and full parliament ; 't is that alone in its genuine sense which our laws prescribe and present to us , as the great patron and guardian of our persons , liberties , and properties , and whatsoever else is justly precious to us . and if god shall by your hand , lead us to such an obtainment , after-ages shall blesse your memory . 't is superfluous to spread before you , your merchandise decay'd , your trade declin'd , your estates wither'd . are there not many within your walls , or near them , that in your ears deplore such miseries as ehese ? your lordship may believe , that our prayers and persons shall gladly promote all lawfull means for our recovery . and we entreat , that this cheerful suffrage of ours may be annex'd as a label to your honorable intendments . this letter was delivered according to its superscription , by robert broke , philip parker , and thomas bacon , esquires . the declaration of the gentry of the county of norfolk , and of the county and city of norwich . we the gentry of the county of norfolke , and county and city of norwich , being deeply affected with the sense of our sad distractions and divisions , both in church and state , and wearied with the miseries of an unnatural civil war , the too frequent interruptions of government , the imposition of several heavy taxes , and the loud out-cries of multitudes of undone , and almost famished people , occasioned by the general decay of trade , which hath spread it self throughout the whole nation , and these counties in particular ; and having met together , and consulted what may best remedy , and remove our , and the nations present grievances and distractions , do humbly conceive , that the chief expedient will be , the recalling of those members that were secluded in , and sate before the force put upon the parliament , ( we of the county of norfolk ) being by such seclusion , deprived of any person to represent us in parliament ) and also by filling up the vacant places thereof , and all to be admitted without any oath or engagement , previous to their entrance ; which being done , we shall be ready to acquiesce , and submit in all things , to the judgement and authority of parliament , without which authority , the people of england cannot be obliged to pay any taxes . this declaration , subscribed by three hundred gentlemen , was delivered to the honourable will . lenthall , speaker of the parliament , on saturday the . of jan. . by the lord richardson , sir john hobart , and sir horatio tounsend , baronets . a declaration of the gentry of the county of devon , met at the general quarter sessions at exeter , for a free parliament : together with a letter from exeter . to the right honourable william lenthall speaker of the parliament . we the gentry of the county of devon , finding our selves without a regular government , after your last interruption designed a publick meeting , to consult remedies , which we could not so conveniently effect till this week , at our general quarter sessions at exon : where we finde divers of the inhabitants groaning under high oppressions , and a general defect of trade , to the utter ruine of many , and fear of the like to others , which is as visible in the whole county , that occasioned such disorders , that were no small trouble and disturbance to us ; which , by gods blessing upon our endeavours , were soon supprest and quieted , without blood . and though we finde , since our first purposes , an alteration in the state of affairs , by your re-assembling at the helm of government , yet conceive , that we are but in part redrest of our grievances ; and that the chief expedient for it will be the recalling of all those members that were secluded in . and sate before the first force upon the parliament . and also by filling up the vacant places . and all to be admitted , without any oath and engagement , previous to their entrance . for which things , if you please to take a speedy course , we shall defend you against all opposers , and future interrupters , with our lives and fortunes . for the accomplishment whereof , we shall use all lawful means , which we humbly conceive may best conduce to the peace and safety of this nation . exon . of jan. . sir , the inclosed copy of what this grand meeting , to which the most considerable of the gentry have subscribed . mr. bampfield , recorder of exon , is gone this night post to deliver it to the speaker . that the cornish men have done more , is no news . this city in very great numbers , lordly exprest their desires for a free parliament . the apprentices and young men of the city , got the keys of the gates , and keep them lockt , without taking notice of the magistrates , and less of the souldiers . a letter and declaration of the lords , knights , gentlemen , and ministers of the county of york , and of the lord mayor , aldermen and common-councel of the gity of york . presented to general monck feb. . . at his quarters at drapers-hall london , by sir thomas wharton knight , brother to the lord wharton , john dawney , thomas harrison , and john legard esquires . as also a letter , with the said declaration inclosed , delivered by the said gentlemen to the lord mayor directed to him , and to the common-councel of the city of london . to his excellency the lord general monck . my lord , we finde our selves constrained by writing to supply the omission of acquainting your lordship with our thoughts and desires when you passed through our county , which we had then done , if upon so short notice we could have met for a mutual vnderstanding ; your lordship will finde in the inclosed declaration the sum of our apprehensions . we thought it not necessary to multiply particulars , but leave all other things to a duly constituted parliament ; neither have we been sollicitous to multiply subscriptions , trusting more to the weight of the proposals , than to the number of subscribers ; yet we may safely affirm this to be the sense of the generality of the county and city , as your lordship sees it is of others . we have onely to add our earnest desires to your lordship , that you would be pleased to further the accomplishment of what we have represented with such seasonable speed , as that the fear of friends , and the hopes of enemies concerning a dangerous confusion amongst us , may be prevented . your lordships very humble servants , thomas fairfax , faulconberge , bar. bouchier , vicecomes . christopher topham , mayor , &c. the declaration . we being deeply sensible of the grievous pressures under which we lye , and the extream dangers we are exposed to at this time , through the violent alteration of our government , the mutilation and interruption of parliaments : and having no representatives to express or remedy our grievances , have thought it meet ( according to the example of other counties ) to declare and desire , that if the parliament begun november . . be yet continued , the members that were secluded in the year . be forthwith restored to the exercise of their trust , and all vacancies filled up , that right may be done to their persons , to parliaments , and the people that have chosen them . if otherwise , that a parliament may be presently called without imposing of oaths or engagements ( the greatest prejudice to civil or christian liberty ) or requiring any quallifications , save what by law or ordinance of parliament before the force in . are already established . and untill this , or one of these be done , we cannot hold our selves obliged to pay the taxes that are or shall be imposed . we not enjoying the fundamental right of this nation to consent to our own laws by equal representatives . subscribed by esquires thomas lord fairfax , tho. lord viscount fauconberge , barrington bourchier esq . high sheriff , christ . topham , mayor , sir thomas wharton , knight of the bath . sir christ . wivel bar. sir john hotham , bar. sir tho slingsby , bar. sir wil. cholmly , bar. sir fran. boynton , bar. sir roger langly , bar. sir hen. cholmly , kt. sir tho. remington , kt. john dawney , henry fairfax , tho. harrison , john legard , william fairfax , william gee , william osbalston , robert wivel , thomas hutton , gustavus boynton , henry bethel , metcalf robinson , henry stapleton , george marwood , robert redman , william adams , col. lancelot parsons william daulton , james moyser , robert belt , henry marwood , john vavasour , john gibson , john micklethwait , bryan fairfax , bryan layton , thomas lovel , wil. rooksby , capt. nicholas bethel , john jackson , thomas yarborough , walter bethel , john riccard , john adams , richard levie , cregory crake , james driffeild , &c. ministers . mr. edward bowles , mr. nath. jackson , mr. witton , mr. waterhouse , mr. bentley , mr. nasebit , &c. the said declaration was also subscribed by the aldermen and common-councel of the city of york . to the right honourable , the lord mayor and common-councel of the city of london . my lord and gentlemen , having taken notice of some vigorous inclinations of your lordship and the city , towards the asserting your common freedomes as english men , too much of late violated , and being now also our selves constrained , from a like sense , to manifest our resolutions to the same effect , in a declaration sent to general monke , whereof the inclosed is a copy ; we have thought good to give your lordship an account of our intentions , as that to which we are most firmly resolved to adhere , wishing it may effect the end by our selves , and ( as we are perswaded ) by your lordship , and all good people of that city intended . we remain , york feb. . . your lordship 's very humble servants , thomas fairfax faulconberge , bar. bouchier , vicecomes . christopher topham , mayor , &c. which letter , with the declaration therein inclosed , was also the same day delivered by sir thomas wharton , and the rest of the said gentlemen , to the lord mayor of london , desiring it might be communicated to the common-councel , according as by the letter it was desired . the same day also a particular letter was presented to the lord general monke from the lord fairfax , dated feb. . in confirmation of the said declaration , which was delivered by mr. bryan fairfax , who was sent up on purpose with the said letter . the declaration of the gentry , ministers , free-holders of the county and city of lincolne . we the gentry , ministers , and free-holders of the county and city of lincolne , being truly sensible of our miseries and grievances , namely the sad consequents of intestine war , the fear of invasion from abroad , at this time of our distractions and divisions both in church and state , the violent alteration of government , the heavy imposition of unheard of taxes ; all which of late years hath ruined our trade , and impoverished the whole nation , and are all occasioned by reason of the many violences and breaches made upon our known established laws and fundamental liberties , do therefore humbly propose and declare ( having first met and consulted , as other countries have done ) that the onely remedy for our said grievances , will be for a free , full parliament , speedily to be called and assembled , to sit according to our said known established laws , wherein the free votes of all free people of this nation might be included , since that such onely have a legal capacity to enact laws and statutes that may equally binde all the free people of this nation ; and therefore if any persons ( how ever impowred ) not having the authority of such a parliament , shall take upon them to lay impositions upon the free people of this commonwealth , or to prescribe or enjoyn any limitations , restrictions , or quallifications whatsoever , not formerly agreed upon in full parliament . we do declare our selves not obliged thereto , as being destructive to the freedome and undoubted priviledges of parliament . a declaration of all the watermen in about the city of london , between gravesend and stanes . or , a hue and cry after col. whitton and his decoys . whereas it hath been seemingly by the insinuatious of some few of us , cast on our whole company , that we would lay our shoulders , and stretch out our helping hands , for the upholding of something , which to our selves is both unknown and uncertain , and may likewise in probability be a cause of disturbance , if not breaking the peace of the nation : we , to manifest our innocency in the one particular , and vindicate our selves from the scandal thereof , as also to shew our real and hearty concordance with all other , noblemen , gentlemen , citizens and others , of the several counties of england , whose declarations are exposed to the publick view , doe cordially , unanimously , and freely declare . that the list annexed of our names to a petition pretended by our consent to be presented to the members sitting at westminster , is not at all by us owned , neither doe we know any other authors or abettors thereof , than some few here under-mentioned our names in truth being gained by colonol whitton , under the pretence to put down hackny coachmen ; but by him converted to another use , and that so contrary to our thoughts and intentions , that we would sooner have quitted our nearest relations , than have consented to such ebulliences . for the undeceiving therefore of the gentry of this nation , to whom many , yea , most of us are obliged , and consequently not unknown ; for the rectifying the judgments of such as know us not , and for the satisfaction of the whole free-born subjects of england who with us claim a birth-right in magna charta , and the petition of right , we doe further , with one consent , declare . that we conceive it fitting , for the redressing the grievous wants and pressures that lie upon all the good people of this nation , that according to fundamental right , the people in parliament may have their representatives , who may receive their grievances , and present them in their behalf , whereby to obtain a remedy . and because faction and schism hath already too great a root , that honest and prudential men may be elected , whose estates ( as to temporals ) and religion ( as to spirituals ) may oblige them sincerely to endeavour a settlement both in church and state . the onely meanes for attaining of which ends , we conceive by the blessing of god , to be a full and free parliament , which as we know the nation groans for , so we cordially desire , and we shall not acquiesce , till we have regained that our undoubted right , hitherto unquestioned priviledge , and never to be denied lawful demand . in the defence whereof we shall account nothing too dear to lose , being ready to quit not onely our employments , but to lay aside our relations , and lay our lives at stake . this representation is owned by ten thousand of us ( which if desired ) shall be acknowledged both with our hands and hearts , against all the malicious underminings of col. whitton the painter , and his decoys : who upon the tendring that forged petition to the watermens hall , being conscious that the rankness of the trepan would be presently sented , addrest themselves to mr. pryn , to en their protest against it , their names are hereunto annexed . viz. wil. lemond . josias smith . wil. crop. wil. goodale . thomas slator . tho. wasborn . john howard . wil. bugby . robert crop. tho. vincent . john foster . john lee . wil. sound . jacob meade . wil. clerk . martin craul . roger phillips . fran. borrick . richard thusee . wil. butler . the remonstrance of the noblemen , knights , gentlemen , clergy-men , free-holders , citizens , burgesses , & commons of the late eastern , southern , & western associations , who desire to shew themselves faithful and constant to the good old cause , the priviledges and freedom of parliament , the liberty and property of the subjects , laws of the land , and true reformed religion , which they were formerly called forth and engaged to defend by declarations of parliament , the protestation , and solemn national league and covenant . we the noblemen , knights , gentlemen , clergy-men , freeholders , citizens , burgesses and commons of the late eastern , southern , and western associations of england , whose names are hereunto subscribed , having for a long season with bleeding hearts , perplexed spirits , weeping eyes , and over-much patience and silence , beheld the miserable publick distractions , intollerable oppressions , various revolutions , great tumults , and destructive confusions , wherewith our former most glorious , flourishing churches and nations ( for want of a setled government , and free parliament ) have many years by-past been violently rent in pieces , wasted , consumed , made the very hissing , scorn , laughing-stock of all neighbour countries , whether friends or foes , christians or infidels ; and thereby exposed to the justly dreaded hostile invasions of combined forraign romish adversaries , whose emissaries have been very active , instrumental in our late combustions and changes ; being now deeply sensible of the deplorable , desperate condition and imminent ruine , not onely of our own persons , families , posterities , but of our dearest , exhausted , enthralled , dying native country , and protestant religion too , far dearer to us than our lives or private interests , the preservation whereof is the supreamest law ; and calling to our minds the first publick ends and causes for which we took up arms ( since totally perverted , subverted , oppugned by ambitious , self-advancing commanders , officers of the army , and others contrary to their trusts and commissions ) with the manifold oaths , protestations , vowes , solemn league and covenant , and other sacred as well as civil obligations lying upon our consciences , engaging us all in our several places and callings in this day of englands trouble , and extream danger , to put our helping hands and best advice to obviate those perils , and remove those disorders , grievances , confusions , which menace utter desolation both to her and us , if we should any longer fit stupidly silent , or unactive in our spheres , like persons altogether uninterested or unconcerned in these perillous times of unprefidented exorbitancies , usurpations , tyrannies over our persns , estates , lawes , liberties , and parliaments themselves , by ambitious , turbulent self-seekers and incendiaries , and of universal decay of trade by sea and land ; have thereupon conceived it our necessary bounden duties in this sad posture of our sacred and civil concernments both as christians and english freemen , by this our joynt remonstrance to tender to the rest of our english brethren throughout the whole nation , of what rank , calling , or condition soever ; such just , legal , safe , rational , honest and christian proposals , as through gods blessing upon our and their unanimous , vigorous prosecution of them against all self-ended opponents , may redeem us from our present bondage , dangers , schisms , confusions , frequent rotations of publick government , and restore our tottering church , state , kingdoms , religion , to their pristine unity , tranquillity , purity , stability , dignity , felicity , and secure them against all future concussions and convulsions . for which end we all passionately desire , and shall unanimously and cordially endeavour by all lawful meanes within our orbs , . that a legal , full and free parliament of england may be speedily summoned , according to the prescription of caroli , c. . enacted for this purpose , not hitherto put in execution ; and that free elections of able knights , citizens and burgesses , by and of all well-affected persons to peace , and the old parliaments good cause , to represent them therein , may be no wayes disturbed , nor restrained by force of armes or otherwise . . that the said parliament may safely , freely meet at westminster on the third monday in january next , to consult of , vote , and settle the peace , government of our distracted churches and nations , without the interruption , disturbance , force or dissolution of any commanders , officers or souldiers of the army , or other tumultuous persons whatsoever , under pain of being declared , prosecuted , executed as traitors and enemies to the publique . . that the full power of the militia both by sea and land be delivered up to this parliament , on the first day of their convention therein , for the better assurance of their free and peaceable session , and not continued as a distinct body or interest in opposition , contradistinction , or super-inspection , but in real subordination to the parliament and people . . that the whole frame and settlement of the government of our nations be entirely referred to the parliaments unanticipated consideration , the proper judges thereof , without any antecedent restrictions , presciptions , or impositions , by the army-officers , or any others . . that the supreme ▪ management of all civil , politique , military affairs , and appointment of all great officers of state , and ministers of justice , shall be in all the surviving members of the long parliament , without secluding any , as in a general council of state and safety only ( who are all desired to meet for that purpose ) till the new free parliament shall assemble , and no longer . . that the preservation of the peace , government of each county , shall be in the hands of such sheriffs , conservators of the peace , and other antient officers , as the free-holders of every county , shall publickly elect in their county-court , according to their antient rights and liberties ; and of every city and corporation in the mayors , sheriffs , bailiffs , and other officers elected by them , according to their charters , customs , and in none other officers imposed on them , till the parliament shall take further order therein . . that no taxes , contributions , excises , imposts , new customs , militiaes , or other payments whatsoevet , shall be henceforth imposed , assessed , levied upon , or paid by the people , but by their common grant and consent in free and full parliament , by act of parl. under pain of high treason in the imposers , assessors , collectors , and voluntary payers thereof ; this being the peoples indubitable birth right , acknowledged , declared , confirmed by manifold acts and declarations old and new . . that such an act of indempnity may be agreed on and assented to in this parliament by common consent , as may secure and indempnifie all persons , whose future peaceable deportment till this act passed shall demerit it . . that care may be therein taken for the speedy satisfaction of all just arrears of all officers and souldiers , duly listed before the . of may last , who shall peaceably and dutifully submit to the free convening and safe sitting of this desired parliament . that all others who shall tumultuously oppose or interrupt the summoning , assembling , or sitting thereof , shall forfeit all their commands , arrears , indempnity , and incur the penalty of traitors and publick enemies to the parliament and nation . . that an effectual course may be taken for the setled old maintenance , succession , protection and encouragement of a godly , learned , painful orthodox preaching ministry ▪ throughout the three nations . . that due care and order may be taken for the speedy detection , banishment , and execution of the lawes against all jesuits , seminary priests , freers , and other romish emissaries , or seducers whatsoever , employed to divide , corrupt , seduce the people ; and the oath of abjuration duly tendered by justices of peace and other officers , to all persons who shall be accused and justly suspected to be such , for their better detection . . that the causes of the great extraordinary decay of all sorts of trade , merchandise , shipping , scarcity of bullion , coin , with all frauds and abuses in manufactures , dilatory vexatious proceedings , extortions in courts of law and equity , may be diligently enquired into , redressed , punished , and the great destruction and waste of timber in all parts inhibited under severe penalties . . that all treasurers , receivers , collectors , farmers of any monies , customes , excises , rents , revenues , taxes , imposts , sequestrations , or other goods , profits whatsoever to the use of the publick , may be speedily called to account in each county , by fitting unaccountable persons appointed for that end , and all their frauds and abuses therein enquired of , and condignly punished . . that all good laws formerly enacted for the preservation and defence of the persons , lives , liberties , properties of the subjects , against illegal imprisonments , banishments , restraints , confinements , corporal punishments , execution by any person or persons , powers , committees , council of state , military , civil officers , or judicatures whatsoever , and against all unjust taxes , confiscations , sequestrations , rapines , plunders , may be ratified ; and the late and future violations of them exemplarily punished . . that every person who shall from henceforth canvas for voices to make himself a knight , citizen , burgess or baron of the ports , in the next , or any ensuing parliament , either by letters of recommendation from great men , feasting the electors before , at , or after elections , gifts , bribes , or otherwise , shall upon due proof thereof , be made uncapable to sit or serve in parliament . . that all members of parliament , officers of state , justices , sheriffs , mayors , recorders , shall henceforth take a corporal oath , to the best of their knowledge , skill , power , inviolably to preserve the fundamental laws , liberties , franchises of the free-men of england , and to give all lawes for the defence of them in charge to the grand jury , in their respective assizes , and general sessions of the peace , that they may enquire and present all offences against , and violations of them , to be condignly punished according to law . . that all unnecessary garrisons , supernumerary souldiers , and sea-men , may be speedily paid off , dismantled , disbanded , and all superfluous officers , excessive fees , and extortions whatsoever , taken away , for the impoverished peoples ease : and the manifold extortions , abuses of gaolers , marshals , messengers , and other detainers of prisoners , punished and redressed . . that able , faithful consciencious , fitting persons , fearing god and hating covetousnesse , may be preferred to all offices , places of publick trust , and administration of justice ; and detur digniori , made the only rule in all elections and preferments whatsoever . . that all universities , colleges , schools of learning in our three nations , with all lands , rents , annuities , gifts , revenues , for their support , may be constantly maintained , preserved from rapine , and all mis-imployments , substractions of them , and of any lands , rents , annuities , monies , gifts , legacies to them , or any other publick or charitable use whatsoever , diligently enquired after and reformed . all which proposals we are resolved by gods gracious assistance with unanimity , constancy , and activity , in our several stations , with our lives and fortunes , to prosecute and accomplish , to our powers , by all just and legal wayes , with what ever else may conduce to the peace , safety , unitie , wealth , prosperity of our lacerated , macerated , naufragated church and state ; wherein as we shall constantly pray for gods divine assistance and blessing upon our weak endeavours , without which they will be altogether succeslesse : so we cannot but confidently expect , and shall importunately desire the cordial concurrence , assistance , prayers of all other noblemen , knights , gentlemen , clergy-men , free-holders , citizens , burgesses , and english freemen , without the smallest opposition , that fo righteousness and peace may kiss each other , and glory once more dwell within our land , wherein they have been strangers over-long : and let all the people ( by their joynt subscriptions ) say , amen , amen , amen . the declaration of the gentlemen , free-holders , and inhabitants of the county of bedford . we the gentlemen , free-holders , and inhabitants of the county of bedford , being truly sensible of the heavy pressures that we lie under , having all our civil and religious rights and liberties daily invaded , cannot in this common day of calamity , be silent , but with the rest of the nation , make some enquiry after the way of peace and settlement : and having met , and considered , thereof , doe humbly propose , as the most probable meanes , under god , to compose all our differences , and cement all our breaches both in church and state , the assembling of a full and free parliament , without any previous oaths , or engagements , or qualifications whatsoever ( saving what was in the year . before the force put upon the parliament . ) or the re-admitting of the secluded members to the execution of their trusts , with a full and free supply of their vacancies by death . and until one of these be done , we do declare , we shall not hold our selves engaged to pay the taxes imposed upon us , without our consents so first had in parliament . the declaration of the gentry , clergy , and commonalty of the county of essex . were it not that our former too unhappy zeal ( in idolizing those persons who are now become , by far more oppressing than the egyptian task-masters ) at this time seconded with silence , would bespeak us stupid and insensible ; we needed not to repeat the sighs and groans of an oppressed and almost ruined kingdome : but lest a tacit silence should render us complaint with their sacrilegious and regicidious proceedings , we are necessitated to declare our present thoughts and future resolutions . we cannot look upon our present rulers without casting an eye upon a militant church , and there we finde them converting a house of prayer into a den of thieves ; an orthodox , learned and reverend clergy , by them reduced to the extremest want , under pretence of propagating the gospel ; and those ( who are yet permitted to exercise their ecclesiastical function ) treatned to be deprived of gods allowance , except in effect , they will forsake him , and fall down to their baal . we cannot look into our cloathing towns , but we behold famine ready to assault them , the poor and diligent labourer , for want of work , not able to buy him bread , so that those , who before wrought with their hands at home , are now forced to wander abroad , and work with their tongues to beg life , whilst we , who although willing , are hardly able ( through the oppression which lyes upon us ) to relieve them : and when we look upon the instruments of these our miesries , and consider their persons and qualifications , we cannot finde one publick spirit ( not one wise man ) among them ; their number is inconsistent with our laws , and a large part of that small number are reputed relatives to gaoles and brothil-houses : persons who outwardly profess god , but in their lives and actions utterly deny him , who through their most perfidious treacheries , and reiterated perjuries , have blasted the honour of our nation , and rendred our religion contemptible to all our enemies ; who ( while they pretend to strive for religion and liberties of the people ) have no other cause but cains , thinking their sins greater than can be forgiven ; and therefore per fas , aut nefas , they endeavour to lay a foundation for their own security , although in the church and kingdomes desolation . these premises considered , we conceive our selves obliged , and therefore readily and unanimously we do declare , that with our lives and fortunes we will protect , abet , and assist all tho e worthy remonstrators of the most renowned city of london , ansd the several counties of this kingdome , in the pursuance of their several declarations for a full and free parliament ; which is the onely means ( under god ) to bring us out of this miserable confusion , in which at present we are plunged . and we further declare , that we will pay no tax , or other imposition whatsoever , but by authority from our representatives in a full and free parliament : into whose hands we shall commit our lives and fortunes , and into whose results we will ever acquiesce . our eyes are up unto our god for help , and thence our hopes are fixed on general monke , that god hath called him forth to be the vmpier and determiner of our divisions and oppressions , by whom he will lead us through the wilderness of our present confusion , and bring us to our desired canaan . in this confidence we pray to god to bless , direct , and keep him . advertisement . this our declaration had came forth a week since , had not the trappanning diligence of an unworthy member of our country endeavoured the surprizal of it and us : let not three hundred and thirty hands ( an inconsiderable number for so great a county ) bespeak this declaration forged , we being forced to do in one day the work we had cut out for seven ; had we had time , we had brought ten thousand hands , such as upon a good occasion , will bring hearts suitable to the merits of their cause . the declaration of the gentry of the county of nottingham . and of the town of nottingham , presented by way of address to his excellency the lord general monck , the . of february , with a letter to his excellency , and another to the speaker of the parliament . what the people of this land have suffered in their greatest concernments , both religious and civil , by the late disorders , and frequent change of government , hath for a long time been the argument of a general and sad complaint both to god and man : what the most publick sense of the nation is , as to the means of setling it in the possession of its antient and native liberties , is sufficiently known by the several declarations of so many counties already presented and published : what god in great mercy hath done by your excellencies means , as his chosen instrument , to revive our dying hopes , in plucking us as a brand out of the fire , and that with so gentle a hand , is the wonder and rejoycing of our souls . in testimony therefore of our thankfulness to god , and our grateful sense of your excellencies most valiant and wise management of the power he hath intrusted you with : as also to evidence as fellow-members our concurrence and sympath , with those other parts of this great body : we the nobility gentry , ministry and commonalty of the county of nottingham , and of the county of the town of nottingham do declare , that as it is our judgement that the nation ought , so it is our earnest desire , and shall be our endeavour by the use of all lawful means that it may be free in its members in parliament , deputed from all parts , impowred by antient and undoubted right to elect , the best expedient whereto , at present , we conceive to be either an admission of the members secluded in . and a filling up of vacancies by new elections , or the speedy calling of another parliament with such qualifications as were then agreed on before there as a force upon the house . we also claim it with the rest of the nation as our uniquestionable right , that nothing be imposed upon us by way of tax , or otherwise , but by our consents first given and declared in a full and free parliament . and now , considering how great things in prosecution of these just ends are already done for us , as we do in most humble manner bless and praise his glorious name that hath thus far answered our desires , so we do most earnestly beseech him to perfect in his due time what is so happily begun , and in order thereto to bless and conduct your excellency through all the remaining difficulties that may obstruct our present necessary settlement upon the true lasting foundation of our known laws and priviledges . in the vindication whereof we beseech your excellency to be confident , not only of our best wishes and thanks , but also of our utmost assistance to the hazard of our lives and fortunes . my lord , this enclosed was intended to be presented to your excellencies before we had notice of your excellencies happy removal of all force , excluding members from sitting in parliament wherein though our desires are thereby granted , yet we cannot but address the same to you , that it may appear what your excellency hath done therein is according to our sense and desire , as well as those of other counties that have gone before us in time , though not in affection , and that we shall in our places and callings be ready to make good what we have publickly declared for , as the parliament and your excellency shall command us , and remain nottingham , feb. . . my lord , your excellencies most humble and faithful servants . mr. speaker , we being desirous amongst other counties to express our thanks to the lord general monke , for his endeavours in our restitution to peace and settlement , and to manifest our adherence to him , and those under his command , in the further prosecution of those good ends mentioned in our address to him , after we had subscribed and ordered these gentlemen to wait upon him with the same , we received the joyful news , that all force was removed , and a free admission given to all members to sit in parliament , whereby our desires are so far accomplished , that we might have acquiessed therein , but only that we would not have our intentions and desires , though obtained , buried in oblivion , we thought fit to present that address to the lord general , and judge it our duties to express our thankfulness to god for your re-admission , and our readiness in our places and callings , to assist you in what you have so happily begun , and humbly desire that by your authority our militia may be so setled that we may be serviceable to your commands , and capacitated to defend our selves against any discontented persons that may upon this change endeavour a disturbance of the publick peace , or deny your authority . nottingham , feb. . . sir , your humble and faithful servants . the declaration of sir charles coot knight and baronet , lord president of the province of connavght : and the rest of the council of officers of the army in ireland . present at dublin concerning the re-admission of the sucluded members . since the authority of parliament became openly violated , and that by their own waged servants of the army in england , by whom . of the members of parliament were torn from the parliament house in dec. . and imprisoned , and a . other members denied entrance into the house , and about fifty more voluntarily withdrew themselves to avoid violence , making in all of secluded members about two hundred and fifty , when the remaining members charged the army with the guilt of that force , and sent to the then general of the army for the restitution of those excluded members which was denied them , how many and manifold have been the miseries and calamities under which these nations have laboured , and do stil labour , is evident to all equal minded men . the godly ministers of the gospel despised : the ministry it self villified : tythes , and other means of their maintenance ( particularly in ireland ) taken from them , and mis-applied ; the protestant religion shaken , and almost overturned ; anabaptists , quakers , and other sectaries set up and countenanced ; heresies and schisms increased ; the fundamental laws of the land trampled upon , and an arbitrary government endeavoured to be introduced ; the civil rights , properties and liberties of the people in their persons and estates broken in pieces ; impositions and taxes on the people without example laid and increased in an excessive manner and measure , whereby thousands of families have been ruined , and enforced to beg their bread ; manufacture at home discouraged , publick trade and commerce abroad interrupted ; the nations become deeply indebted , and generally impoverished ; the reformed protestant churches abroad exposed to great danger , wanting the wonted support of england , which ( under god ) was the bulwark and chief strength of the protestant religion throughout all christendome , and finally the english nation ( which was alwayes deservedly ) in so high honour and estimation at home and abroad , as it was a bridle and terrour to their enemies , and a countenance and support to their friends , and allies , is now become ( we tremble and grieve to have so just cause to speak it ) a scorn and dersion to all nations round about us ; and all this is brought to pass to satisfie the avarice , ambition , lusts , and fears of a few inconsiderable persons of anabaptistical and other fanatique spirits , who have made it their business to occasion still one trouble on the neck of another , so to imbroil and continue the nations in division , war , and bloody confusion , that sober men might not have time or leisure ( with maturity of judgement or counsel ) to look into the inwards of their designs or actings ; and after we had beheld all this with bleeding hearts , and calling to minde that when in december . the said force was put upon the parliament , the then remaining members sent sundry times to the general to know why he imprisoned their members , and desired him to set them at liberty , which was not done ; and we gathering from all this , that if the house were once freed from the force of an army , and they again restored to freedome and liberty of sitting and and acting , they would then upon the firmer grounds ( in conscience of their duties to god and their country , and in testimony of their high resentment of that breach of priviledges of the parliament , have taken into the house those excluded members , and filled vacant places by due and orderly elections of the people ( and after so many years unhappy interruption unite again in a full and free parliament , and there assert the rights and priviledges of parliament , and liberties of the people , which from the very beginning of the war of england have been not the least ground of their contest with the late king , and ever since , and joyn their counsels and endeavours for restoring these nations to peace and tranquillity . and thence it was , that on the . day of december . several officers of the army here , on the behalf of themselves , and those under their commands , by their joynt declaration , declared and published their stedfast resolutions to adhere to the parliament in defence of its priviledges , and the just rights and liberties of the people of these nations as men and christians ; in which declaration afterwards concurred the whole army of ireland , but now finding much contrary to our expectations , that when the members of parliament now assembled at westminster , were in decemb. . ( by an extraordinary providence ) restored to their freedome and liberty of sitting and acting as in parliament ; and that divers of those formerly excluded members of parliament on the . of decem. . ( as they had formerly done in may . ) offered themselves to discharge their trusts for the several counties and places for which they were elected , and formerly served those their fellow-members assembled at westminster , did not onely deny them admittance , but also voted and ordered the utter exclusion of all the excluded members with this further addition , that none of them should be chosen in future elections to sit in this parliament , whereby they have a more unnatural violence taken away from above the one half of the people of england , their representatives in parliament , and limited and abridged in a high degree the liberty and freedome of the people in further elections , which denial and order of theirs in a time when they were under no force , is so much the more strange , in regard that in december . when they were under a force , they transferred that guilt for themselves to the army , and pretended a willingness to re-admit those members if it were in their power , as is formerly mentioned . and whereas lieut. gen. ludlow had placed in ireland several officers who are anabaptists , and persons of the like fanatique spirits , ( many of whom had been very active in the late conspiracies and actings of the factious part of the army in england , even against those members of parliament now sitting at westminster ; of which officers so placed by lieut. gen. ludlow , it was found necessary to purge the army , and to put in their places persons more soberly minded and well affected to the parliament ; yet after all that done , and after lieut. gen. ludlow stood justly deservedly charged with high treason , the said lieut. gen. ludlow himself , and some others of the like principles with him , were by a report from the councel of state proposed to be appointed to governe not onely the army , but also the whole nation of ireland , to the astonishment of the people and army here , to the unsetling of those persons so well deserving , to the hazard of the peace of the nation and army ( and which is above all ) to the endangering even of religion it selfe . and here it is observable , that those members now sitting at westminster , by their declaration of . of january . since their restitution to their present liberty of sitting ) have published that extravagant councels and actions , have engaged the nations in a great debt and charge , which it seems necessitates their laying a new increase of charge on the nations , and yet so indulgent they are to those persons , that in a high degree created that necessity of so unreasonably charging the people , and whose estates might well bear a great part of that burden , as without so much as any suit made to them by those delinquents , they granted them indempnity for their persons and estates , whereby it seems the said members now sitting at westminster , hold it fit , that those who are of sober spirits , and offended not the parliament , should out of their estates pay for those extravagant mens delinquency , rather than the delinquents themselves . and although the said lieut. gen. ludlow , and miles corbet esq . together with col. john jones , and col. mat. tomlinson , stand impeached from hence most justly of high treason , and that charge against them , being known to the house , and there remaing , yet they have admitted two of those persons , namely the said lieut gen. ludlow , and miles corbet actually to sit in the said house . and now the greatness of those miseries which have befaln these three nations in general , by such late actings in england , and those heightned with many aggravations in the circumstances of them ( too many and too long to be repeated ) as it hath begotten in us , and in all good men in the three nations deep impression of astonishment and horror , so it is evident , that if it be any longer continued , it will perpetually nourish dishonour to god , grief to all god men , and ( we doubt and fear ) utter infamy and destruction to the three nations . in contemplation whereof , and considering how god hath in his justice blasted all attempts that since the year . have been made for re-setling of these nations in peace and tranquillity , and that after all the trials and various changes of government which we have in all that time with much long-suffering and patience endured , there is no way visible to us under heaven whence deliverance may be probably wrought or expected , but from the care and wisdome of a free and full parliament in england , which ( by the experience of all former ages hath been found the best and only expedient for providing remedies to be applied to so great and general mischiefs arising in church or state . and considering also that the marks of the true reformed religion according to the word of god , and of the fundamental laws of the land , and of our now dying liberties and freedome , are not yet so utterly razed and defaced , but that some footsteps of them do yet remain , so as ( by the wisdome of a full and free parliament ) they may be again renewed and firmly re-established ; and considering likewise that our hopes of having the said excluded members restored , and of new elections to be made for vacant places , whereby there might be a full and free parliament , as there was on decem. . . and the antient and long contested liberties of the people might be asserted , are much contrary to our expectations , and contrary to the fundamental laws of the land , and indeed contrary to all justice and become frustrated ; and considering further how unjust and unreasonable a thing it is , that of above five hundred members , whereof the commons house of parliament usually consisted , there were but four and forty or thereabouts , when that fatal vote passed for the keeping out the aforesaid excluded members by the prevalency of a major part of the said . persons ( not much exceeding those who voted then on the contrary side ) which assumes to it self the supreme authority , not onely of england , but also of the three nations , without president or example of any former age , there being above two hundred and fifty which stand eleven years excluded , without so much as the least offer of an impeachment against them in all that time ; which unexampled and unparallel'd assumption in those men is not possible to continue but by the force of an army poisoned with anabaptistical and corrupted principles , to the continual grief and unsupportable burden and charge of the three nations . and besides that act of the aforesaid persons chasing away ( for so it now appears ) about two hundred and fifty members , of above five hundred chosen by all the several parts of england , according to the known laws of the land , to represent the whole nation in parliament ; and after the forcible exclusion of so many , that the four and forty persons remaining ( amongst whom we believe there are some worthy patriots who are not so fully concurring in the actings of the rest of their number , as violently over-voted them , which is a further aggravation of the others guilt ) should dare to usurp to themselves as is formerly mentioned , contrary to all the laws , the supreme power not only of england , but also of ireland and scotland , is a thing which none but conquerors or tyrants would attempt , and in all circumstances is so hideous and monstrous to be endured by a free people , formerly famous to all the world for wisdome and valour , as the english nation have been , as it will be incredible to all posterity and lastly considering , that as in all ages , and more particularly since the beginning of the late horrid rebellion in ireland , our brethren in england have abundantly manifested a tender and compassionate sense of the condition in ireland , and were careful to relieve us in our lowest estate , as bone of their bone , and flesh of their flesh ; which we do , and shal ever acknowledge with humble thankfulnesse , and ( as a debt which we well know to be due from us to them above all people in the world ) shall be for ever as tender of their happinesse and welfare , as of our own , which indeed is involved in theirs , and without whom ireland cannot be happy . we therefore remaining constant in the reasons of our said declaration of dec. . . for adhering to the parliament in defence of its priviledges , and the just rights and liberties of these nations ; all which we see now are apparently more and more violated by the ▪ not admission of the said excluded members , and by not filling the vacant places , whereby the house might be full ; and being freed from force , might uninterruptedly act according to their judgements and consciences , towards re-setling the peace of these nations , which otherwise in all humane probability can never be restored to peace and tranquillity . we do therefore declare for a full and free parliament in england , consisting not only of those that sate on oct. . . but also of all such of the members of parliament imprisoned , excluded , or withdrawn in december . as are yet living , whom we desire may be restored to the freedome and liberty of sitting , and acting according to the trust committed to them by the several counties and places which did chuse them , that so they may be no longer debarred from discharging their said trust , and that vacant places may be speedily supplied by free and due elections of the people , yet so as none of the persons to be admitted or elected , be any of those who have been in arms , or otherwise aiding , abetting , or assisting the late king or his son in the late war against the parliament , and that the house being so filled , may proceed unanimously to consult the best meanes for re-setling the peace of the nations , the re-establishment of true religion ( the surest foundaon , as of all righteous government , so of all the happinesse of a nation ; ) the fundamental lawes of the land ( whereby all mens rights and properties are preserved ) and the liberties and freedom of the people which are supported by those lawes . and for those ends , and in discharge of our duty to god , and to our country , we do resolve , by the blessing of almighty god ) to joyn with our brethren in england , ireland , and scotland , who have or shall joyn with us for the ends aforesaid ; and do resolve , for the maintenance and preservation thereof , to hazard our lives and estates , and all that is dear to us : and we doubt not but all our brethren in the said nations , who disdain to be made slaves , will joyn with us herein , as being with wisedom and reason desirous to deliver over to their posterity that liberty and freedom which was conveyed to them at so dear a rate by our ancestors . and then we trust , that by the great mercy of god , will speedily follow a happy settlement of these yet miserable and distracted nations ; and consequently that the true protestant religion , in the power and purity thereof , may be established ; the godly , learned , and orthodox ministers of the gospel maintained by their tythes , and other their accustomed rights ; their persons supported and countenanced ; the universities and all other seminaries of learning cherished ; heresies and schisms suppressed , needless impositions and taxes on the people removed , and no charge to be laid on any of the nations , without their own free consents , given by their representatives , in their several and respective parliaments ; manufactures , and publique trade and commerce , at home and abroad advanced ; justice in its due and wonted course administred ; the just debts of the nation satisfied ; the treasure and revenues thereof preserved , and returned to their right and proper channels ; the arreares of the army , and other publique debts duly satisfied ; the armies and forces continued in due obedience to the supreme authority , and not presume as some have done , to give lawes thereunto , which hath been the root of a great part of our miseries ; the nations enriched , united and strengthened ; the reformed protestant churches abroad supported and countenanced ; the honour of the english nation restored , to the comfort of friends , and terror of enemies ; the plantation of ireland in the hands of adventurers and souldiers , and other english and protestants advanced , as a farther accession of honour and greatness to the english nation : and so by the blessing of god , all will shortly terminate in the glory of god , the peace and tranquillity of these nations , the strengthening of them against forreign invasion , and intestine rebellion , and the comfort , contentment of all the good people in these nations , which the lord of his mercy grant . dated at dublin , febr. . . sir charls coote william l. cawfield sir theo. jones sir oliver st. ceorge sir hen. ingoldsby sir john king col. chidley coote col. john cole col. will. warden col. richard coote col. john georges col. hen. owen lt. col. tho. scot lt. col. w. purefoy lt. col. oliver jones maj. tho. barrington maj. alex. staples maj. rich. bingley maj. george pepper lt. col. h. smithwick capt. henry baker cap. rob. fitz gerald cap. cha. wenman . cap. adam molineux col. hum. barrow cap. sam. foley cap. john salt cap. simon garstin col. cha. blunt col. hen. slade cap. ant. stamp cap. art. purefoy cap. george s ▪ george cap. peter purefoy cap. thomas curd cap. tho. newcomen cap. tho. newburgh cap. hen. thrimpton lt. hugh clotworthy lt. peter flower lt. her. langrish lt. rich. morrick lt. brian jaques lt. richard butler lt. john ottway lt. john evelin lt. tho. flint lt. edw. harrington corn . art. vsher corn . donw . prothers corn . w. pinsent ensign john hiad tho. sheppard . mar. quarter-master w. f. john payn comptr. a declaration of the gentry of somerset-shire , who were of the late kings party . whereas god by many gracious appearances ha●h raised the hearts of this nation to a great confidence , that their tottering condition draws near to an establishment , by the re-settlement of their antient , just , and solid foundations ; we doe declare , that in thankfulness to our great and good god , we hold our selves bound to look upon , and with humble longings ; to wait for the accomplishment of this great work , as the largest national blessing we are capable of ( being presented to our hope without blood and ruine . ) and likewise that we set up pillars in every of our hearts to the honour of his excellency the lord general monck , who hath not as others , either feared or affected the tyrannical greatness of our oppressors ; but as he undertook the redemption of his countrey with singular resolution , and hath carried it on hitherto with unparallel'd prudence , so we doe not in the least doubt , but that by the good hand of god he will perfect it with shining and glorious sincerity . and because we finde ( as we hope ) the last engine of the enemies of our peace now set on work for the embroiling of the spirits of the well-meaning people of england , by suggesting an unchristian inclination remaining in us , of waiting opportunities of revenge : we do here in the sight of god , and to all the world , disown and abhor all animosity and revengeful remembrance of sides and parties in the late war : and do promise and resolve to co-operate within our sphere towards the publique settlement , with such faithfulness and constancy , as neither to occasion or entertain the least jealousie upon the account of any past difference whatsoever , fully resolving to submit to the determinations of the parliament both in ecclesiastical and civil affairs , which we hope will remove all occasion of jealousie and distinction for the future . john lord paulett . sir francis paulett . sir amos paulett . william paulett esq. edward phillips . william helliar . peregrine palmer henry barkley . charles berkley . thomas warr . john brice . robert hawly . john bonvile . francis windham . thomas pigott . william wandrond . george waldrond . edward berkley . francis hawly . george speake . john tynt . sam. gorges . george syddenham . francis harvey , &c. an alarum to the counties of england and wales . with the ab-renunciatiation of the oath . by tho. fuller , b. d. our nation , which long since hath lost the lustre and well-being , now at last-strugleth for the life and being thereof . our many [ temporal ] miseries are reducible to two principal heads . daily . decrease of trading . . increase of taxes : so that every hour the burden groweth weightier , and the back of our nation weaker to support it . . 't is sad to see , in cloathing countreys , what swarms there are of poor people , the true objects of charity ; if any were as able to give , as they worthy to receive relief : for they would work , and can work , yet cannot work , because there are none to employ them . . as for the sea ( which is the land of port-towns ) it returneth small benefit ; for since dunkirk was ours ( more to the credit than benefit of our nation ) the fire of searobberies is removed out of the chimney , and scattered about the house , not lesse destructive , but more diffusive : so that our merchants could better guard themselves against that single staple of pirates , than many lesser ones sprung since every where , the cause why rich men will not ( as poor cannot ) adventure . . our second misery is , increase , yea , superfetation of taxes , so long as so numerous an army is maintained : for though some of their souldiers will preach gratis ( conscientious to take nothing for that which they know is worth nothing ) yet none will fight at so cheap a rate . . some will say , that what the souldier receiveth with one hand , he returneth with another , expending his pay in victuals , cloaths , &c. whereby coin , by circulation , is continued in our country . this i deny ; for some grandees greatned by the times , have made their monies over in banks beyond the seas , which are put into mortmain , or a dead hand , whereby no profit accreweth to our commonwealth . others having gotten the estates of lords , live after the rate yoomen , whose discretion therein is to be commended , for proportioning their expences ( for fear of afterclaps ) rather according to their original , than present condition . . the increase of taxes must inevitably cause the ruine of our nation : for though still there be wealthy men left ( as they shew it in their cowardise , and fear to engage for the general good ) yet they grow thinner every day whilst such as are left no root of their own , rather than they will wither will turn suckers on the stock of others . so that the greatest happiness rich men can promise to themselves , is only to be last devoured , though the comfort of the lateness will not countervail the sadness for the certainty of their destruction . indeed it is miraculous that our nation hath subsisted so long , and few there are that would believe that the whole candle of our english wealth could last so long , as we have beheld it burning in the socket , but now giving the last blaze , if god be not merciful , and men discreet to prevent it . . pass we from the sad malady , to the sole remedy thereof , i say sole , not exclusively of divine miraculous power , but according to humane apprehension , this is a free and full parliament . indeed free-parliament is a tautology , like a reasonable-man , who , if not reasonable , is no man ; as the other , if not free , no parliament . but the late frequent forces put on parliaments hath made the needless epethite become necessary , to express what kinde of parliaments we desire . not such in which every word must be spoken under correction of the sword , but wherein every member , without fear of violence ( to interrupt or dissolve them ) may follow the dictates of their own judgement . . nor ought a parliament onely bee free from force , but also from any abjurations , or previous engagements . let them take heed of renouncing any thing , save what is simply sinful in it self , as the forsaking of the world , flesh , and devil , as was solemnly promised for them in their baptism . but it is bad to bee busie with other ab-renunciations , especially of the royal family . . look backward , and we may say with david , the vows of the lord are upon us ; i mean on so many of us as are of fifty years of age . the oath of supremacy ( not to mention the covenant ) is the eldest brother , to whom the inheritance of our consciences do belong . . look forwards , it limiteth gods providence , which is an hainous offence ; wee know not what a day , month , year , &c. may bring forth . this age hath the least reason of any to meddle with the edge-tools of such oathes which in a short ( but strict ) time hath seen so many strange things , that now nothing is strange unto us . have wee not seen o. cromwell from a private gentleman gradatim ascend to bee protector of three nations , and by his courage and wisdome rather than any right ) a more absolute power possessed by , and larger tribute paid unto him than to any king in england . his son and successour ( counted bad by many for his goodness and milde spirit ) for eighth months was congratulated by the most considerable persons of our nation . now if some twenty years since an oath had been tendred unto us to abjure the family of cromwels from ever having the supream magistraey in our nation ; such an oath would have seemed safe , but yet it was not lawful to take it , because none knew what was in the womb of teeming time , though utterly improbable to our belief . . besides , the imposers of this oath may miss the mark they propound to themselves , viz. assurance of their own , and discovery of the opposite party ; for many now pass not for the taking or breaking of any oath , and assurance of such is hard in keeping , and indeed not worth the having . other will behold the oath as temporary , and expiring with the power of the imposers . as for the conscientious indeed , esfusing it out of pure principles of piety , it is a barbarous act for persons in power , to turn executioners to strangle tender consciences , whose cordial fear of an oath should be encouraged . . as the parliament must be free , no vassal , but enfranchised from the sword , so must it bee full , no cripple , but entire and compleat in all the members thereof . our land hath lately groaned under the most grievous monopoly as ever was , or can be , when a handful of men have grasped to themselves the representing of a whole ( not to say three ) nation , most of them being but burgesses , who though equal in votes , are not equal in their representation with the knights of the shires . if they presume that the rest excluded by them ( far more considerable for birth , estates , number , love of the people , and what not ? ) are vertually included in them , it is an intollerable presumption . that what pertaineth to all should be handled by all , is a truth so clear and strong , that they must offer a rape to their own reason that deny it . such also is this maxim , vnrepresented , vnconcluded : so that if so few have in them the notion of a parliament , it is a bare notion indeed , especially seeing this handful of men were ( say the cavaliers ) dissolved by the death of the king ; dissolved ( said cromwell ) by his sword ; dissolved ( say some great ones ) by an act of their own ( entred into the journall book of the parliament ) dissolved must their own consciences say , by their voluntary accepting of elections in later parliaments . . now the members of a free and full parliament ( the onely hope of humane help ) ought thus to be qualified : . let them be godly , and well-affected indeed , and not in the canting language of the times . . men of estates , who will be tender in taxing others , as striking them thorough themselves , whilst such who bear nothing care not how much they burthen others , as if paying were as easie as voting , and money as free as words . . men of spirits , no dull souls , all the sparks of whose activity are quenched in their own flegm . . no gainers by the continnance of the army . demetrius the silver-smith was no fool ( what ever else he was ) so sticking for the shrine of diana , by which craft he got his gain . . men of moderation , a quality not opposed to diligence , but to violence , not unactiving men , but regulating their activity . . this their moderation must appear in considering all interests , seeing there be no two interests in the nation so contemptible , which if united , and twisting their discontents together , cannot draw trouble on all the rest : especially the sectarian ( though presented i beleeve by their party , through a multipling glass ) are considerable on a politick score of their numbers and pious account of their conscience ; for , though many of them carry the latter in their purses , who when they finde the moisture of profit to fail them , will fall off like leaves in autumn ; yet can i not be so uncharitable , but to beleeve that many of them ( having the heat of their affections above the light of their judgements ) follow erroneous consciences ; besides , having gone loose so long , they must needs swell , if hardly girded on a sudden . . this moderation also must be used by all other persons , to work themselves to be ( if not pleased ) contented with the decisions of a free parliament . all must sit down losers save such alone , who can plead , that they have been no sinners in our nation . the grand design must be to have none , or , ( if that be impossible ) as few as may be , utterly ruined . i confess two hungry meals makes a third a clutton , and such who have long fasted from their detained estates , will be not onely greedy but ravenous to recover them . yea , such will shrewdly plead , that they now expect moderation from them , who never used moderation to them . however , in such a general danger , men must depose their animosities , labouring , first , to reconcile their spirits , then , their perswasions , the later being at less distance than the former . and men must divide , where they cannot get the whole , seeing few will pity his starving who will eat no bread at all , because he can recover but half of his own loaf . . it will be objected that such a full p. is still but an empty parliament , having no house of lords therein : but know , if both hands of a man be bound , no hope of liberty from himself ; but if one be untied , it may do the brotherly office to unloose the other : let us be content to row in a sculler till we can get a pair of oars . and such surely is the ingenuity and publick spiritness of the peers , that laying aside personal interest ( which upon debate may appear more ) they will suspend their rights , immunities , and priviledges , and submit all to the determination of a free parliament to acquiesce therein . . god give our nation seasonably to understand their own strength , that the wars begun may be ended amongst our selves before forreigners become the arbitrators of our differences , who will demand great wages for little work , yea and turn their owne paymasters thereof . and may that great general ( whose intentions long have stood in the dark to our nation , whilst our nations desires were all the while in light to him , understand that vox populi is vox dei , and interpret , that god calleth unto him by the declarations of all counties , to be chiefly instrumental in asserting our liberties , and we shall have cause for ever to bless the day of his nativity . . indeed had providence fixed our nativities under the duke of muscovy , whose list is his subjects law , we would ( because we must ) work our selves patiently to the obedience of his power . but seeing god hath given us , with st. paul , to be free-born , acts . . ( though also , with the centurion , we have given great summs , not to obtain , but contrive this freedome ) let us not tamely lose our birth-right , and vigorously endeavour their preservation . . the story is well known of the old woman , who having but a small parcel of wood , would leasurably roast her goose ▪ stick by stick , till her wood was all burnt , and her goose still raw . if the several counties singly engage one after another , all will be overthrown , and nothing effected as to our relief . let the two and fifty shires of england and wales ( with the city of london , which eminently is two and fifty more ) be all as one , and unanimously advance the work , and not doe as they dealt with poor cheshire , using it as joab used vriah , putting him forward on action , then falsly ret , eating from him , and leaving him a prey to his enemies . but i hope our old shipwracks will be new sea-marks to us , documented by former nocuments , to steer a course for the general good . . there is so englishman so inconsiderable , but he may , at the least in a single capacity , be contributive to the happiness of his native country , the wise with their brains , the rich with their purses , the learned with their pens , the strong with their persons , all with their prayers . and if now they suffer this opportunity which god puts into their hands , to slip through their fingers , they may hereafter have more years to bemoan their folly , than minutes to amend their misery ; it being better now to say , we will not , than three years hence to say , we cannot pay our taxes . the declaration and address of the gentry of the county of essex , who have adhered to the king , and suffered imprisonment or sequestration , during the late troubles . may it please your excellency , we the gentlemen of the county of essex , taking notice how industrious some pernicious and desperate persons have been to raise a jealousie , that all who adhered to the king have such a a settlement of rancour and revenge in their hearts , against those who were of a different party , that the blessing of a firm and lasting peace , so long wisht for , and now hoped to be in a near propinquity , is not likely to take its due and desired effect , have thought fit to express the true sense of our hearts , in a declaration which we have enclosed herein , conceiving it very fitting , not to make the same more publick , till it hath first arrived at the view of your excellency , whom god hath been pleased to make so signally eminent in the delivering of this nation from those pressing miseries it hath so long lay panting and groaning under ; and for which , as we can never enough magnifie his mercy , so can we not sufficiently express that high honour and respect which we retain in our hearts towards your excellency , the great and worthy instrument he hath been pleased to make use of therein . my lord , we subscribe our selves , your excellencies most humble and devoted servants . chelmesford , april . . this was subscribed by the gentry , whose names are expressed under the subsequent declaration , and superscribed to his excellency the lord general monck . the declaration . whereas almighty god hath raised this distracted nation to some hopes of re-settlement on just , known , and lasting foundations : we magnifie his mercy from the bottom of our hearts , and shall ever pay a most grateful acknowledgment to his excellency the lord gen. monck as the signal instrument of so great a deliverance . and whereas some pernicious and desperate persons have laboured to raise a jealousie , that those who adhered to the king doe still in their hearts detain revenge against such as were of a different party : we think our selves bound to declare to all the world ( in the presence of god ) that we detest and abhor all thoughts of animosity or revenge against any party or persons whatsoever . for as we could wish the late divisions had never been begotten , so we desire they may for ever be buried , and shall think those persons the greatest and common enemies of our country who shall offer to revive them . and we also declare , that we will thankfully submit and attend the resolutions of the next ensuing parliament , for a just and happy settlement of church and state , that so at last ( by cods blessing ) that so those odious marks of sides and parties may for ever be blotted out , and a perfect union may again be restored to this distressed nation . edward russel , esq. sir henry appleton , baronet . sir benjamin ayloff , baronet . sir denner strutt , baronet . sir humfrey mildemay , knight sir john tirell , knight sir granmer herris , knight sir edmund peirce , knight sir henry wroth , knight william ayloff , fsq . james altham , esq. gamaliel capel , esq. anthony browne , esq. charles fytche , esq. thomas argal , esq. stephen smith , esq. salter herris , esq. henry pert , esq. john fanshaw , esq. thomas roberts , esq. richard humphrey , esq. john lynn , esq. dr. john michaelson , richard symons , esq. anthony kempson , esq. william herris , esq. william bramston , esq. john brown , gent. nicholas serle john vavasour , gent. john green , gent. james cookson , gent. fdmund coole , gent. this declaration and address was agreed upon by the subscribers at a general meeting , at chelmesford in essex , april . . sir benjamin ayloffe , and sir edmond peirce being then appointed and desired to present them to his excellency , which was done accordingly at st. james's the th . of the same moneth . a declaration of the knights and gentry in the county of dorset , who were in his late majesties army . upon a due consideration of the dangerous jealousies which are promoted ; partly , by the cunning of a close , and malicious faction of separatists , and partly , by the unwarranted liberties of an heady and intemperate sort of people , which falsely tearm themselves royallists : — to the great dissettlement of sober and well-minded persons , and sufficient to blast the hopes we have of returning to our antient freedomes , without a more than ordinary appearance of divine aid , to support , and re-unite us in this our critical necessity . we have thought it highly expedient to declare our seuse , and resolves , in the particular of adherence to the largest assurances of amicable agreement , and correspondence imaginable : looking upon our selves as obliged by an indispensible tye of religious charity , to compassionate and forgive one another , as we expect to be forgiven : and we do further declare , that we are so far from justifying those unchristian animosities , which reign in divers turbulent spirits , even of our own party ( by reputation at least ) that we disclaim any society with men of those wilde principles ; and that to all honest purposes , we will never put any difference , betwixt such as shall now unite with us , in order to the publick peace , and those who first engaged in the same perswasion with our selves , submitting all to the resolves of parliament , upon whose determinations we beseech god to bestow his benediction . sir hugh windham , sir gerard naper , sir john strangwayes , giles strangwayes , john hardy , henry coker , edward hull , henry butler , maximilian mohune , robert mohune , henry hoskins , james hoskins , george strangwayes , nicholas strangwayes , robert lawrence , bruen lawrence , arthur fookes , george brown , major vdvehall , rob. chamberlain , rob. strode , jo. strode of slape , humphrey bishop , john bishop , robert culliford , george cary , george penny , tho. turbervile , george tubervile , tho. paulet , cap. hoare , major dolline , hugh hodges , rich. willoughby , john pesing , john gillin●ham ▪ william elsing , robert ernsly , john dawe , john fisher , ellis collins . the declaration of the gentry of the county of kent , who have adhered to the king , and suffered imprisonment or sequestration during the late troubles . whereas it hath pleased almighty god , after so many trialls , and so long distraction , to raise us to large hopes of resettlement of this nation upon just , known , and lasting foundations ; wee therefore desire from our hearts to render to god the glory of his mercies , and a full tribute of honour to his excellency the lord general monck , who hath been so eminently instrumental in these beginnings of deliverance . and forasmuch as we understand that some malicious and desperate persons ( regarding neither the mercies of god , nor the miseries of their country ) have endeavoured to beget a pernicious jealousie , that those who adhered to the king , do still retain a spirit of revenge against all that were of a contrary party : we do therefore declare in the presence of god , that we utterly abhor all revengeful thoughts and actions against any party or persons whatsoever . and as we have great reason to wish those divisions had never been born , so we hope , and will do our utmost they may never be remembred , and shall look on all persons as the worst and common enemies of this nation that shall offer to revive them . in pursuance whereof we further declare ( as his excellencies army hath given us a noble example ) that we will thankfully acquisce in the resolutions of the next ensuing parliament for a due and just settlement of church and state . col. richard spencer , esquire , thomas lennard , esquire , thom. peyton , kt. and baronet , roger twysden , kt. and bar. edward hales , baronet , richard hardress , baronet , william man , knight , stephen lennard , knight , john boys , knight , col. thomas colpepper , col. edward wilsford , col. george newman , col. henry norwood , robert barnham , esquire , daniel treswel , esquire , thomas collepepper , esquire , thomas herlackenden , esq. francis twysden , esq. john best , esq. edward barham , esq. rich. master esq. francis clerk , esq. edward darell , esq. william rook esq. joh. boys of h●ad , esq. wi●liam kingsley , esq. richard hulse , esq. james newman , esq. john pownoll , gent. william somner , gen● . a declaration of the nobility and gentry that adhered to the late king , in and about the city of london . after the miseries of a civil war , and the many vain and fruitless attempts toward settlement upon several interests and imaginary forms of government , it having pleased almighty god by unexpected and wonderful meanes to give these nations a probable hope of being restored to those lawes and priviledges which have been transmitted to them from their ancestors . we doe declare , that we think our selves obliged , next to divine providence to attribute this glorious work to his excellency the lord general monck , who as he had the courage to assert the publick liberty , and the prudence to carry it on against so many difficulties , has also had the happinesse to lead us thus far through the wilderness of confusion , without passing the red sea of blood . and because the enemies of the publick peace have endeavoured to represent those of the king's party as men implacable , and such as would sacrifice the common good as their private passions . we doe sincerely profess that we doe reflect upon our past sufferings from the hand of god , and therefore doe not cherish any violent thoughts or inclinations to have been any way instrumental in them ; and if the indiscretion of any spirited persons transports them to expressions contrary to this our sense , we utterly disclaim them , and desire that the imputation may extend no farther than the folly of the offenders . and we farther declare , that we intend by our quiet and peaceable behaviour to testifie our submission to the present power , as it now resides in the council of state in expectation of the future parliament , upon whose wisedome and determinations , we trust god will give such a blessing , as may produce a perfect settlement both in church and state . and as his excellency hath not chosen the sandy foundation of self-concernment , but the firm rock of national interest , whereon to frame our settlement : it is our hope and prayer that when the building comes to be raised , it may not like rome have its beginning in the blood of brethren , nor like babel be interrupted by the confusion of tongues . but that we may all speak one language , and be of one name , that all mention of parties and factions , and all rancour and animosities may be thrown in and buried like rubbish under the foundation . subscribed by the marquiss of dorchester the earl of northampton the earl of devonshire the earl of barkshire the earl of dover the earl of peterborough the earl of norwich the earl of corke the earl of carbery the earl of desmond the viscount ogle the viscount grandison the viscount lumley the viscount brounker the lord lucas the lord bellasis the lord loughborough the lord lexinton the lord brereton tho. fuller bp. of kerry sir william compton sir francis vane john russel wil. ashburnham edward villers thomas howard will. howard sir jarvis clifton knight and baronet sir tho. corbet bar. sir tho. littleton bar. sir john greenvil knight and baronet sir wil. thorold bar. sir tho. prestwich bar. sir orlando bridgman sir ed. pie sir lewis kirke sir tho. smith sir rob. stapleton sir wil. coney sir nich. crisp sir hugh cartwright sir sutton cony sir henry chichley sir wil. morton sir ed. savage sir tho. armstrong sir john stephens sir humph. bennet sir wil. howard sir hen. wroth sir wil. dacres sir rich. malevory sir arthur gorge sir anthony jackson sir robert bolles george morley d. d. tho. warmstry d. d. jer. taylor d. d. phil. king d. d. e. penrodock will. legg george penrodock tho. lower herbert price tho. panton robert ruthen coll. fretswel john jeffryes adrian scrope wil. burgh john mayard ed. rosecarack and many others . finis . the present state of england in relation to popery manifesting the absolute impossibility of introducing popery and arbitrary power into this kingdom : being a full confutation of all fears and apprehensions of the imagined dangers from thence, and particularly of a certain pamphlet, entituled, the character of a popish successor / by e. settle. settle, elkanah, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; 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[ ], p. printed by j. gain for william cademan ..., london : mdclxxxiv [ ] imperfect: pages faded with print show-through and some loss of print. reproduction of original in the harvard university library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng phillips, john, - . -- character of a popish successor. popish plot, . great britain -- politics and government -- - . - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - ali jakobson sampled and proofread - ali jakobson text and markup reviewed and edited - pfs batch review (qc) and xml conversion the present state of england in relation to popery manifesting the absolute impossibility of introducing popery and arbitrary power into this kingdom . being a full confutation of all fears and apprehensions of the imagined dangers from thence ; and particularly of a certain pamphlet , entituled , the character of a popish successor . by e. settle . london , printed by j. gain , for william cademan , at the popes-head in the lower walk of the new-exchange , in the strand ; anno ; mdclxxxiv . to the loyal gentry of kent . gentlemen , writers set out in print , as adventurers to sea : the happy discovery of some extraordinary fortunate coast the first voyage , is an invitation to attempt a plantation there the next . such was the temptation of a new-found golden world : whil'st the sails of a cortez , were only swell'd by the prosperity of a columbvs . the same success , and the same attraction is my loadstar , whil'st the honour of dedicating my first piece , my narrative , to the worthy sir thomas taylor , has brought me , like a bolder inmate amongst you , resolved to plant my self , and my whole labours in no other soyl. i confess indeed my own infinite unworthiness makes my intrusion wholly inexcusable . however that innate goodness that ever attends the loyal and the brave , is no little encouragement ; when i consider , that whatever my past faults have been , yet clemency and forgiveness , as being the brightest emanations of glory from that inexhaustible fountain of mercy , the best of kings , are ever the natural borrow'd beams to that loyalty that shines from him . a more particular portion of which enlightning brightness , is so justly your own , that a never shaken loyalty , and an unsullyed fidelity are the very claim even of your birth rights . for whatever weaker and less fortified hearts the growth and progress of faction may have subdued ; you challenge that native brittish honour , so much of the heroe , derived down from ages to you ; that the vindication of monarchy and the opposing and repelling all republick arts and machinations against the royal-cause , with the same souls and resolution that your renowned ancestors withstood the norman arms , is but asserting your own hereditary glory of kent , that is , of being invincible . the assurance of which generous virtues born and bred with you , that illustrious genius that runs in your very veins , gives me hopes , not only of obtaining your pardon for this presumption , but likewise your patronage and protection from the slanders of my enemies , who endeavour to intercept all favourable thoughts of me , and my writings , by alleadging that i have written so virulently and maliciously , that i ought never to be trusted for a convert . the first part of their accusation , my own guilty part , 't is true , i own , and submit to all the load that justice , reproach and shame can lay upon me . but alas ! am i the onely libeller never to be converted , or never to be believed so ; when some of my own faulty predecessours , the present honour both of the press and pulpit , under as blackning circumstances , have sometimes in their lives play'd the very panegyrists upon a cromwel . and though indeed , a submission to the government of a rebel might come under self-preservation , yet publick encomiums upon him are these super-errogating works of affection and applause both to the traytor and the regicide , which no little penitence could wash off . yet whil'st not only the present generous arms of a pardoning court , and the kindest embraces of an endearing church are those royal credentials of their plenary conversion : with what eyes must the world look on me , either to find that unmalleable impenitency in my temper , or that hardness of belief in their own. 't is probable , i confess that this following discourse may give distast to some of our late members of parliament , written to convince the world that the church of england , and the protestant strength of this kingdom stand upon a rock immoveable ; whereas on the contrary , the false prognosticks of our la●e state-wizards have seated them on bogs and quicksands , just tumbling and sinking . however , for my justification i have this to say ; we live in a kingdom where , thanks to god , and our yet safe monarchical constitution , we are in that temperate region , that ( unless now and then of late in the too sultry dog-days of black-rod , and messenger time ) we are only govern'd by law . and when i find no statute , nor one letter of that law to make my denyal of our popish dangers criminal , i think i may safely with honesty and justice in the open face of day aver , that we are no more bound to believe any such popish dangers near us because this true protestant sham-patriot , or that plot-committee has pronounced them oraculous ; than we ought to stand up for the alcoran , because this mufti and that mussullnam will dye for 't . popery in england being that goblin that is not seen by all eyes : and it being highly unreasonable , because three parts of the kingdom have been troubled with the jaundies and seen all things yellow , that therefore every man with sound health and brains should do so too . for my part , i am of opinion , that no man with three grains in his skull is any more obliged to believe otes his discovery , because so voted , the preservation of the kingdom , than the lending the king money , as voted likewise , had been the betraying of it . nor can i possibly fancy a bill of vnion , because so adjudged ( that is , the incorporating of all sorts of schismes down from the presbyter to the muggletonian into the body of the church , were the way to preserve us from popery , any more than the letting of pickpockets , shoplifts , and ruffians into the house , were the keeping of felons and burglarers out of it . i confess i pay as great a respect to every resolve in parliament that carries reason , honour , and loyalty along with it , as every good subject ought to pay . but i profess , if i should find , resolved by this house , that his majesties life has been twice in imminent danger from a certain screwd gun , most terribly charged , once with all bullets and no powder , and a second time with all powder and no bullets ; and therefore be it likewise resolved , as the only expedient for the safety of his majesties person and the protestant religion from the danger of such bloody popish assassinates , that an address be made to his majesty , that all the men-worthy papists in masquerade be removed from all offices of trust , and the true protestant worthy-men be placed in their room ; and that a bill be likewise brought in for the lodging the militia for forty two days in confiding hands for the king and kingdom 's defence . now i say , if i should read this a thousand times over with an imprimatur wi. williams in letters of gold , confirmed too by the infallibility even of nemine contradicente it self , hang me if i should find out either that wondrous danger to his majesty in the first resolve , or that secure preservation of him in the last . if ten thousand resolves of parliament should declare coleman's papers a confirmation of otes and bedloes popish plot for the murder of the king , or raising armies for cutting the protestant throats . i should be sorry to think that any thing within the pale of rationality should believe it , when there is not one syllable throughout those papers that bear the least tendency that way ; and the whole plot of that false intriguer was more a design of french-jesuit money catching , than french religion , or french government building . and if bedloe himself should rise from the grave , and in a conference betwixt prance and him , should swear as boldly by styx and acheron , as formerly they had done by the four evangelists , that sir edmund-bury godfrey was murder'd with a pillow and long cravate at five in the afternoon in the upper court of somerset-house , by walsh , lephaire , the lord bellasis's two gentlemen , and mr. atkins , mr. pepy's clerk : and murdered likewise the same evening at nine at night , with a twisted handkerchief , at the stables in somerset-house outward court , by the hands of green , gerald , hill , berry , and prance : and if a hundred successive parliaments upon the receipt of such a testimony , should resolve that a disbelief of either of the two relations , and a dispute of the veracity of the two witnesses , were a downright countenancing of popery and a weakning the protestant interest , with all the rest of the dreadful senate-house anathema's at the tayl on 't : maugre all those parliamentary fulminations , i should be loth to see three honest men in three thousand , either convinced by the oaths of the one , or terrifyed out of their senses by the menaces of the other . and when i read upon record our swearing master otes one day upon oath affirming , that he had no other person to accuse of the popish conspiracy than those he had already impeach't , and yet the next day , bringing the very queen her self into the plot against his majesties life : after so damnable a perjury from so impudent a reprobate varlet , lord have mercy upon the strong faith of three kingdoms , that could hang a rat upon an affidavit other credentials to support it , than bare oaths from such a wretch ; without one concurring circumstance , one scrap of treasonable papers , consults , commissions , &c. of so many hundred of them all sworn to , and all trusted in the discoverers hands ; or the least breath of a confession from any one dying malefactour . nay , and more than all this , a discovery too , that with such palpable contradictions , incongruities , and impossibilities throughout it , is such a meer rope of sand , that not all the craft of man or devil can ever make hang together . take all this discovery ( a prodigy which nothing but this one only greater prodigy the crediting of it can exceed ) with some few more of its dependencies along with it , such as that precious hovse of commons vote , of revenging the king 's untimely death upon the papists ; with the subsequent use of that vote , viz. when the most zealous true protestant members , the fiercest promoters of that very vote , were actually themselves engaged in his murder , and resolved to turn their own sham into oracle , by doing the feat with their own fanatical hands , and then lodging the bastard at the popish doors : take the whole plot i say , and this fabrick built upon it together , and 't is a million to a mite but the foundation will at last appear as hellish as the superstructure : and when the popish plot , thus made a property for the fanatical conspirators , shall be duly and througly examined ; he that will but give himself the trouble but of looking or thinking , will have but too much reason to suspect the tool as infernal as the hands that used it . and to give our great witness even the fairest interpretation of his discovery ; i know no unlikelihood why the regicide and massacres of whitebread , fenwick , ireland , and the rest of them should not be of the the same piece with mr. elliots mahumetanisme and circumcision . for perish me , if i can find the least glimpse of reason why he that could be so cursed a limb of lucifer in his evidence at drs. commons , should have so much immaculate divinity in his testimony at the old-bayley , whil'st the same breath that smelt so rank of sulphur one day , should be so heavenly perfumed another . 't is true , there 's a sort of people will call this discourse an arraigning the justice of the nation ; when indeed they are wholly mistaken in the matter . for the justice of the nation is safe whil'st it acts by law : and therefore while the witnesses swore and the jurors believed , not pickering himself fell otherwise than by the sentence of justice . 't is true indeed as to the english latitude of believing in some cases , extraordinary examples may be given . 't was but enough to cry halloo ! popery ! and the whole populace of the kingdom , as natural blood-hounds at that game , would certainly take the false scent so readily , that there needed no more than look there she goes ; and the seven-headed , ten-horned babylonish beast , with all her bloody-pilgrims , black-bills , screw'd-guns , teuxbury mustard-balls , &c. were all as distinctly visible as the french army landed at the isle of purbeck was to two or three whole counties round it . and if the sense , reason , and intellects of whole countries together could be so grossly imposed upon as in that purbeck imposture ; i know neither law nor gospel why it should be a sin to averr a poor jury of twelve may possibly once in their lives be mistaken . nay , or that the opticks within a house of commons may as possibly be no more accurate than those without it , it being not the first time that representatives have been as blear-eyed as their electors . and considering the first fanatick conspiracy of ever infamous memory , made its approaches and attacques , and indeed gain'd its whole triumph by a previous sham popish one , as the only necessary pipe to set the fools of three kingdoms a dancing after it ; i know no reason why our later conspirators under the same necessity , should be less industrious than their predecessours ; and therefore think it not at all an impossibility that the headpiece and interest of a shaftsbury should be able to pick up upon occasion , a brace of vagabonds from the jayls and alms-baskets of three kingdoms to swear a few priests into a halter ; when the same phanatick faction the last age had a whole set of mercinary rogves at their high covrt of justice ready for true protestant evidences against the very life of majesty it self . but to leave the popish plot to the hell that engendred it , the villains that midwiv'd it , the rebels that nurs'd it , and above all , the tap that suckled it : that no man may think i design any reflection upon the constitution of parliaments , ( for though corruptio optimi est pessima , and therefore nothing more detestable than depravity and faction in that great council of the king and kingdom ) to show that no man can have a higher veneration of the nation 's representatives when truly venerable , i hope to see the day , when those great state pilots shall make justice and loyalty the only stars they steer by , whil'st truth , the child of time shall have the honour of their ha●ds to bring it into the world ; and when all our late popish trash , that long unwinnowed chaff , shall be sifted away ; and the security of our religion , and the peace of men's minds shall be cleared from all such dross and rubbish : the disquisition of truth , being that indispensible duty of the nation in parliament assembled , that without a cordial and impartial inspection and suppression of all factions frauds , and all our forged dangers ; all the national ungrounded jealousies , and the violent and fatal effects of them lye at their own door . and therefore it ought to be the prayers of all good men for such a next meeting of that illustrious assembly , who under a true sense of their duty , both as patriots , subjects , and englishmen , shall so effectually provide for the kingdom 's safety as to hang out their best lights and fairest sea-marks to warn a poor deluded people to avoid that old treacherous rock , the false fear of popery and slavery , on which so lately ▪ we so fatally split before . and persuant to this work , i hope to see them so zealous for truth , and the unvizoring of all impostures , that they shall not only unravel the negromancy of our shaftsburian-protestants , and plainly discover that only the old republick rump began to flyeblow again , and all our fears and dangers from rome and popery were but the corrupted insects , , the popular maggots bred in that carrion ; but likewise retrive the sullyed reputation of a derided kingdom , by amending the headlong english credulity , and using even some unhappy records themselves , with almost as little mercy as a noble peers speech , or a fitzharris his libel , as being indeed the more unfortunate , though possibly , less wilful incendiary of the two. and lastly , shall do that justice to the memory even of the top evidence otes himself , as to eternize his due glory of being judas his successor , only with this difference : judas of the two was the more innocent imp of hell. for he ingenuously took the thirty pieces of silver as a barefaced traytor , approach't and seized like one ; and neither acted nor pretended to any other than the visible villain he was . but this profligate miscreant with guilt of a yet deeper dye , to the blackest of forgerys and most diabolical of murders added the fairest and most painted hypocrisy , being the disturber and enflamer of a whole distracted kingdom , under the most specious mask of the protectour and saviour of it . nay , and is yet the more hardened desperado of the two : as his face is more brazen'd , and his heart more steel'd ; and that he has not all this while those horrours of conscience enough about him to make him fly to the same medicinal halter of his predecessour . however as the fanatick overfondling and too much hugging of the late beastly popish discovery gave the government an occasion to suspect the true father of the dow-dye , whil'st the greatest outcrys of popish dangers being bawl'd loudest , and almost only from the geneva throats , warn'd us to look for the old serpent lurking under these new-leaves . and as accordingly never was a more accursed legion of threatning devils rais'd than from that filthy abominable piece of enchantment ; insomuch that the whole genius of the nation was almost all turn'd demoniack : so no common oblation of thanks for a national deliverance , are due to heaven , and heaven's darling vicegerent , the best of kings whose wisdom and princely resolution alone stept boldly and timely forth to play the mighty exorcist . which to his never dying glory he has performed with that wondrous success , that succeeding ages shall justly record him in chronicle , of all our crown'd heads the greatest founder of the church of england , and even of monarchy it self , whil'st the strongest pillar of the first , and cement of the last has been the peculiar work of his own hand , viz. by so great a suppression of the dangerous growth of fanaticism , and this ever memorable defeat of the machinations of those most restless and most formidable enemies , not only of the miter , but of the crown . yet nevertheless as the popish bugbears are not quite vanisht , & the dying confession of the late traytor holloway lays the greatest ferment of the late damnable conspiracy on the yet too spreading panick fear of popery still coming in ; and indeed sidney and the rest , nay russel himself in his highest affectation of dying innocence still concurs in that point , that their whole uneasiness and turbulency , with the intended stirs , anglicè insurrections , were only levell'd against that danger : whil'st in reality the storm now seems to be a little clear'd up with them from the valadoly'd and st. jago quarter , the pilgrim and black-bill region ; and the lowring popish clouds are now only engendring nearer home , the wild-house and white-horse consults and caballings being by the insolent faction removed , and most audaciously lodged in white-hall it self ; considering , i say , how villany and delusion still retain their poyson , and so many weaker constitutions of fear and ignorance have not yet thrown off the infection , this following subject cannot come unseasonable . besides , not only my service to my country , but likewise my own vindication demands it of me . for since the petulant whiggs are angry with so open a deserter : amongst their many snarlings against me , there 's none so common with them as hang him rascal he turn'd only with the tide , and in spight of all his recantations , his popish character has that sense and truth in it , that not he nor any man will ever be able to answer : and in spight of his teeth will stand a perpetual record against the baseness of so vile a turncoat . as this is the general clamour against me , 't is high time publickly to clear my self from that calumny , and by engaging my pen in a good cause , lay open the naked impotence of a bad one , by unravelling the false positions throughout that feeble pamphlet . and though indeed much better pens than my own have long since chastized that licentious libel , yet 't is absolutely necessary my own handy-work should give it this last stroke . and , gentlemen , the better to recommend it to your patronage , i shall not spare my self a tittle , but lash my own faults as heartily as any other severest hand would do it for me . which integrity in this treatise makes it the more presume to throw it self at your feet , and the author more confidently aspire to subscribe himself , gentlemen , your most humble and most obedient servant , elkanah settle . the present state of england in relation to popery , &c. great and terrible have been the pretended dangers of popery ; especially for some late years ; and indefatigable have been the arts and sorceries of faction and villany to conjure up this hideous apparition , to fright the deluded multitude both out of their wits and their allegiance . but not to insist much upon the grosser impostures of fanatical incendiaries , such as the old most impudent cheat of turning both the best of protestant-kings , and a protestant church it self into popish and antichristian ; hoping that the most vulgar eyes and humblest capacities have fully seen through so diabolical a delusion : however , as there still remains upon some weaker understandings , and unsatisfied minds , a terrour yet unvanquish't ; the business of this treatise is to examine what national operation or influence a real popish crown'd head can have over the lives , liberties , or estates of englishmen , as now enjoy'd , and the religion of the kingdom , as at present establish't ; and by confuting even the most substantial of their imagin'd dangers , dissipate those false fears of popery , which no man possibly ( i mean in my humble station ) has more unhappily rais'd than my self . the wonderful state-convulsions that popery ( or rather the sophistry of scriblers upon that theme ) seems to threaten , are no where , i confess , more spightfully , more venemously , or indeed ( considering the weakness of the cause ) more artfully described than in that libel called , the character of a popish successour . but not to answer particularly to a rapsody of rhetorical flourishes , a tautology of gay words and big sounds to little or no signification ; which indeed is almost the whole jargon of that pamphlet , being truly the best reason the subject would bear ; i shall chiefly reply only to the argumentative part of it ; or at least , that which was intended as such . therefore as this following discourse will naturally fall under these two heads , viz. if popery be ever introduced , it can have only these two doors for its admission , presecution , or perswasion , i shall accordingly examine , first , what progress towards a national conversion , and the establishment of popery , the cruelty and tyranny of it under a popish successour is able to make , by an assault on the weak side of mankind their cowardice . and secondly , what advance towards the aforesaid conversion , &c. the subtilty and eloquence of popish emissaryes , and jesuetical seducers under the vmbrage and encouragement of a popish successour are likely to work , by an attacque on the blind side of mankind their ignorance . to begin then with the first of the two , as the more horrible horn of the beast ; persecution . the character is not a little prolix on that old popular arch-devil arbitrary power , whil'st popery and slavery , those always twin monsters , those never seperable feinds are so painted to the life , with all their fire and brimstone round them , that it has little else from the b●ginning to the end but the ratling of chains , the crackling of flames , the blazing of smith-field piles ; and in fine , the universal groans of destruction and desolation through the whole land. and for an unanswerable demonstration of all those most certain calamities from a popish successour . the character tells you , that in the first place , the romish principles are such , that they value neither their word , promise , vows , oaths , nor sacraments , but all their strongest engagements are lighter than the very breath that utters them . next , that they so little consult either their reputation or glory , that there is not the most abject thing , that even grown'd heads themselves shall not undertake , when rome , or rome's interest shall command . and lastly , that the putting all this barbarity into execution , is so highly meritorious in the romish church , that the pope will undoubtedly assign him no common diadem in paradice for this vndertaking . but upon his remissness or tenderness in this point , bethunder him with so many curses and anathema's , as , an undutiful , unactive son of holy mother-church , a scandal to her glory , a traytor to her interest , a deserter of her cause ; one while accusing the lukewarmness of his religion ; another while , the pusillanimity of his nature , &c. till in short , to spare a faggot in smithfield , he does little less than walk upon burning irons himself . but how is it li●ely , that rome's continual b●lls ( as the character fancies ) shall bellow so loud against a popish successor for sparing a faggot in smithfield , when under the infamy ▪ and execration of so tyrannic●●● murderer ( for what in queen mary's days was the sentence of justice , and the legal execution of the law , must now be the highest subversion of justice , and abrogation of law ) he must expose himself to the whole world as a greater monster than nero ; so much a greater than he , as nero's barbarities were committed under the ignorance and darkness of infidelity and paganism , and this man's murders and butcheries under the light of the gospel : nay , the terrible burning , broyling , and roasting denounced in the character , with the heating of popish fiery furnaces like nebuchadnezar's seven times hotter than ordinary , with all the rest of the romantick popish throat-cutting , will be ten times worse from a popish successour than the whole ten primitive christian persecutions . for a nero , caligula , domitian , and the rest of them , as they had the law in their own breath , and a sic volo , sic jubeo , was as much authentick in old heathen rome , as an act of parliament in little england ; and consequently , how barbarous soever the christian persecution was , yet it had the face of law , as being the edict of the absolute prince , and thereby the ordinance of the very government : but such a scheme of cruelty here , as being beyond the reach of the prerogative , and notoriously contrary to the establish't constitution of the kingdom , would , ipso facta , be ten times more dreadfully flagitious , as 't is the highest violation of law , and dissolution of government . and what ever opinion the noysy fools of mankind may have imbibed of jesuitisme , papisme , and all the chimerical terrours from rome , how can that very rome ( if it pretends but to christianity ) that has canoniz'd so many of those suffering primitive martyrs , at the same time likewise make saints of really worse monsters amongst themselves than the very heathen butchers of those very martyrs . 't is true , inquisition houses and lollards towers , and the cruelty of fire and faggot we know have been frequent ; but all this while they were never erected by standing armies , arbitrary cut-throats , nor military execution , but establish't by the legislative power of the respective governments that used them , and consequently introduced with the solemn institution of law , as a necessary support of the community : neither has it been a practice singular only to the papists , to secure the establish't religion , and thereby the peace of the civil government by capital punishments , when the protestant government has done the like . for example , does not the character instance two several acts of parliament ; one of queen elizabeth , in which , not only the popish priests , that shall have taken orders from rome , and afterwards return to england , but likewise all persons withdrawn by them from the protestant religion establish't , to a reconciliation to the church of rome , are equally guilty of high treason , and to suffer as in cases of treason . — and a second act of henry the viii . in which , the refusal of the oath of henry's supremacy , in renuntiation of the pope , was also made high treason . now if every papist in england , without lifting a hand , uttering a word , or imagining the least disloyal thought against his lawful soveraign , his crown and dignity , or against the peace of the nation where he 's a subject , yet nevertheless , out of a point of conscience , and meer matter of faith , cannot be induced to believe a temporal prince capable of being head of a church , but is invincibly perswaded ( how erronious soever ) that the pope is peter's undoubted successour , and christ's unquestioned vicar upon earth , and cannot , without hazard of his soul , so much as consent to acknowledge otherwise ; yet notwithstanding , by the protestant laws of the land , this invincible perswasion , without any other crime , is interpreted high-treason , and punish't as such . now i say , in this case , what wondrous difference is there between the rigour of a popish or a protestant constitution ? this , that makes a defection from their church-establish't treason ; and the other , from theirs , heresy : this that punishes an apostate with hanging and quartering at tiburn ; and the other with burning at smithfield . 't is true , that branch of queen elizabeth's statute that concerns the popish layman's high-treason was never yet put in execution ; and i hope , for the glory of the reformation establish't by that illustrious princess , as so extreamly sanguinary , was never intended to be , being severe enough to give our popish enemies a matter of recrimination , though enacted but in terrorem . but here i beg the reader to be assured , that i urge not this comparison in disparagement of our protestant laws , but only to satisfie the mistaken part of mankind , that all such judicial severities under the government of both religions have ever been introduced by the most awful and sacred authority of the rightful law-makers of the nations , and consequently in the english constitution , not only the king 's , but the peoples acts and decrees ; and so to convince them of the unreasonableness of that senseless surmise , that upon the admission of a popish successour , all the forementioned cruelties , though without any such induction of law ( and consequently with all the injustice , rapine , and cold-blooded murder , even to that formal solemnity of butchery , that humane imagination would tremble at ) must and shall be introduced . for alas ! how ridiculously extravagant must those fears be that can a●dl● men's senses into a dread of that prodigious stroke from popery that was never given by it since the creation . what magnifying glasses therefore must the popular fears see through , to behold such stupendious visions of popery , as that that shall be that never was , whil'st a popish crown'd head in england must be the first , nay , only royal savage of a papist that ever reign'd . however , for once , let us suppose the devil and pope as familiar together as ever they were painted at a queen elizabeth's night , and that this gospel propagation were really the doctrine of his pretended infallibility , and this bloody mandate to a popish successour the special edict of the whole consistory , what would the execution of that mandate make towards the growth or advancement of popery ? god knows , so far from promoting the romish religion , that possibly there wants but that one attempt to shame it almost out of the world. for in the first place , 't is so far from a way or means to convert even one soul in england , that 't is the only course to increase their abhorrence and execration of that religion , and bring the very thovght of popery even below damnation . 't would no more make converts to rome , than the old heathen caldrons and gridirons to paganisme : for as the greatest prejudice of englishmen against popery lyes in their horrour of the cruelties of it : so consequently nothing can contribute to the advancement of it but the clemency and mercy of its professours to reconcile us even into meer charity with them : whil'st the exercising of the formentioned unexampled barbarities would make us fall from our present ill opinion of popery as a corrupted church , to believe it no church at all , but rather an association of monsters , and a den of cannibals and tygers : and the greatest operation such unprecedented cruelty could meet , were at best but to force the frighted people into a superficial , counterfit complyance , and make them temporize a little , only to compound for their lives ; yet that temporizing under so villanous a persecution , would be so far from a true conversion , or any thing like it , that they 'd only play the highest of hypocrites , come perhaps to mass to mutter curses instead of ave-mary's ; or be hunted into the popish fold , only to pray for a favourable opportunity of having a pull at the throats of the wolves that drive them thither . and secondly , besides the impotent effects , 't is certain to find towards the heretick conversion ▪ the pope's command , nay indeed , connivance at any such arbitrary , tyrannick stake-burning , or throat-cutting from a popish successour , instead of advancing of popery by so excentrick a motion , will be enough to stagger half the popish hearts in christendom ; for as implicit as the faith of the romish zealots is , and as intirely devoted as they are to their peter's chair , and mother-church , undoubtedly there are thousands of them , that notwithstanding they can disgest a wafer for a god , can never be wrought to believe the transubstantiation of such visible tyranny and butchery into righteousness and christianity , how zealous soever they may be for the conversion of so heretical a nation as england . and that this would be the infallible consequence of all such barbarous popish measures : they that will but look back to the annals of queen mary , will find historians telling us , that nothing so much advanced the reformation as the mistaken conduct of queen mary and her bloody counsellors in that point . and dr. burnet expresly assures us , that the whole body of the nation grew to dislike the cruelty of rome [ abridg. book the d. pag. . ] to that degree , that the popish bishops for their apology , threw it off from themselves , and openly laid it on the king's and queen's commands ; insomuch that king philip , for his excuse , made his confessour preach a sermon at court against the taking of peoples lives for their opinions in religion , and inveighed against the bishops for doing it . by which means a stop was put to it for some time . but nevertheless , as the same severity soon after return'd again , he tells us all along , that the nations dislike of it was universal , and the repeated acclamations , and universal transports of joy at the proclaiming of queen elizabeth proceeded from the people's hopes of better days under her scepter than her sister 's . by which it appeared how weary the nation was of the cruel and weak administration of affairs under the former reign . and the ioy in this change ( he says ) was so great and universal , that but a sad look was thought criminal . so that to ballance cases , if the severity of burning of two hundred and sixty protestants in queen mary's five years reign under the legal sentence of the then law of the land , and in that respect by the hand of justice , begat such a hatred of popery , and made so many converts to the reformation , that possibly 't was one of the greatest lifts to the downfall of the romish religion in england ; insomuch that 't is the opinion of all wise men , that a bonner and a gardiner did more towards the propagation of the protestant religion than a cranmer and a ridley . how much infinitely more therefore must the exercise of such popish cruelties from the hand of the most arbitrary tyranny under the visible monstrous face of the most notorious illegality , and the blackest injustice , increase our irreconcileable detestation of rome , and by making more apostates proselytes to their cause , heap up but fuel for the popish , not protestant confusion : and so at best , this arbitrary bloody tyranny can have no higher prospect than of committing murders for meer murders sake . but to silence all dangers of such stupendious papal excursions . this barbarous model of gospel propagation is at this present age of the world wholly unpractised in all the popish nations in europe , and excepting the spanish inquisition ( and that too , seldom rigorous against any but the open seducers of the people from their religion , to prevent the disturbance of the settled peace of the kingdom under so general and unanimous a conformity of the roman religion in spain ) there is now no popish government whatever , that proceeds against heresy with fire and faggot , or any other sanguinary punishment ; whil'st on the contrary , the reformers are more or less indulged or tolerated through almost all the popish kingdoms in the world ; though 't is true , that indulgence or toleration in the publick exercise of their religion is sometimes more enlarged , and other times more curtil'd , according to the more or less generous temper of the respective kings that grant them ; which though magnifyed at a prodigious rate by the present dreaders of popery , such as the tender-hearted condolers of the true protestant dissenter count tekely , &c. is no more than what is dayly done even by protestant princes in the same nature , whil'st the immunities and priviledges of all dissenting perswasions against the establish't religion of the land , as being but the donation of the governments discretion and curtesy , are increased or diminished , as the favour of the soveraign shall extend , or the policy of the nation shall require . however , as all sanguinary persecutions of heresy are now so universally left off , and that too , considering the popes influence over the royal sons of his own church , undoubtedly with his own pr●vity and consent : 't is certain , that both he and his crown'd heads are by experience convinced of the fatallity of such rigorous ecclesiastick extremities , as wholly ineffectual to the great work designed , the intended propagation of religion . and consequently , the pope must be strangely out of his right senses , to put a popish successour , and that in england , of all the countreys of the universe , upon a projection so long out of fashion in all the world beside ; nay , and to a more monstrous height of extravagance ( as being positively against any law or right whatever ) than was ever practised in the world before . nevertheless , laying policy , prudence , nay , common reason aside ; for once , we 'll dispense with all manner of incoherencies and absurdities whatever , and put the supposition , that the pope should be stung with that strange tarantula , as to begin this frantick dance , and a popish successour , that madman , to follow him . the next question that arises , will be , how he shall set this arbitrary machine agoing ? and which way he shall find hands , tools , and materials to build this terrible colossus , called arbitrary power . 't is true indeed , the character tells us the way of doing it , as follows : let us but rightly consider how far the foundations of popery ( viz. arbitrary power ) may be layed in england . first then , if a papist reign , we very well understand that the judges , sheriffs , justices of the peace , and all the judiciary officers are of the king's creation . and as such , how far may the influence of preferment on baser constitutions culled out for his purpose , are vail even to deprave the very throne of iustice her self , and make our judges use even our protestant laws themselves to open the first gate to sl●very . alas ! the laws in corrupted judges hands , have been too often used as barbarously as the guests of procrustes , who had a bed for all travellers , but then he either cut them shorter , or stretcht them longer to fit them to it . and after all this , the character proceeds , and tells you , that to crown the work , and make the pope absolute , this popish successour wants a standing-army , and he shall have it , &c. this true blew protestant scheme of introduction for arbitrary power , by the way of distorting of our very protestant laws to bring it in , the history of the popish plot only excepted , is one of the most comical whimms that was ever invented . i confess indeed some intricate cases in meum and tuum may occur , where the most impartial judges may be divided in their opinions , even in matter of law , and the diversity of various , and almost absolete records and statutes in several lesser law-matters may sometimes admit of disputes & diverse interpretations , and a corrupt judge under such a latitude , may lean or turn as inclination shall guide . but that part of our english law that concerns our religion and liberties , the long and labour'd work of so many successive parliaments ; nay , and after the very lopping of the prerogative to secure the subject by the abolition of oaths ex officio , star-chamber courts , court of wards , and by the benefit of habeas corpus acts , &c. the continued care and industry of our law-makers for a hundred years together , stands so strongly fortifyed against all romish or arbitrary invasions , that there 's not the least cranny in the law left open for the admission of the one or the other . however , this part of the character was very well timed for the season 't was writ in . for when the very protestant clergy and bishops of the land , the whole court , nay and the king himself not excepted , were all helter skelter , just upon being turn'd into downright papists in masquerade , 't was not at all unseasonable to improve upon the fiction , and bring in the protestant laws too in the crowd for popish masqueraders among their fellows . however , notwithstanding this pretended dangerous inlet to arbitrary power , the character , by a certain fault which i have read in a treatise , called richard and baxter , ( a figure of speech much used by that eloquent divine , and truly much borrow'd in the character , being little else throughout ) makes bold in another place point blank to contradict this passage , and positively affirms , that to set up popery or arbitrary power by law , under the laws we have already against them , is wholly impossible , and that our laws will be but the hedge to keep in the cuckow . for papists and slaves we must and shall be made , as the inseperable concomitants of a popish successour . and to prove all this breaking of all laws whatever , it says in haec verba ; how can the force of laws , made by a protestant predecessour , and a protestant parliament , in any sort b●nd a popish successour ? when the very first advance of the pope's supremacy [ a very nimble leap ] introduces that higher power , those canonical ecclesiastick laws , which no secular , or any other temporal court can or may controul . laws that shall declare , not only the statutes and acts of parliament made against the dignity of mother-church , voyd and null , but the very law-makers themselves , as hereticks , wholly uncapable of ever having any right of making any such laws . no doubt then , but that fire that burns those heretick law-makers , shall give their laws the same martyrdom . here indeed the affairs are alter'd , and truly , the matter much mended . this i confess , says the character , and this , at least three parts of the fools of english mankind believe for oracles . and though all our records , histories , chronicles , and the whole series of all ages since the conquest to this day , do notoriously prove the contrary ; yet this popular maxime , that the romanists by their ecclesiastick laws , pretend to anull and make void all secular laws against their church , and to incapacitate the very prerogative and authority of that majesty , and those law-makers that made them , though one of the most impudent falshoods in nature , is nevertheless one of the most received vulgar traditions that ever startled ideots . for example , to begin with their very heretici comburendi : the very ax and fasces of rome , was it not an act of the secular power ? in the very highest reign of popery , did , or could the pope punish an heretick apostate by imprisonment , fire or faggot , any further than by parliamentary permission , and excepting that the clergy were made judges of heresy , and that too , by concession of the secular authority : was not the execution of that law kept in temporal hands ? nay , though 't is true , the papal power made many vsurp'd encroachments here , through the bigotry of the government ; yet , upon too hard pressures from rome , did not several of our kings many hundred years before the reformation , resume their own original right ; and expresly in the statute against provisoes under penalty of forfeiture of goods , and imprisonment for life , forbid the admitting of the popes legantine power in england , or making appeals to rome , or taking inductions to episcopal sees from the pope . and for queen mary her self , was there one syllable of the laws enacted by her father henry , or her brother edward in favour of the reformation , that she ever pretended to over-rule by any ecclesiastick law or pretence whatever ? nay , and did not the pope's supremacy it self and that not till many a hard tug , and two years after she came to the crown , come in by act of parliament , under several limitations of his power , with the confirmation of the antient statute against provides , &c. and several other boundaries ; as much as to say , move thus far , and no further. but alas ! what 's all this to the author of a popish character● ? popery and arbitrary power in spight of fate , shall and must be set up . and therefore what laws shall , or shall not get uppermost , is ene as mr. scribler pleases . for truly malice put pen to paper , and truth and reason were never minded : and indeed , there was no need of either of them ; for as that pamphlet had the honour in the title-page , of being humbly offered to the consideration of the then hovses of parliament , both truth and reason were immaterial to it● recommendation . for where an o●es his narrative past for gospel , the devil 's in 't , if a popish character could miscarry . however , to confute that sensless fear , that a popish successour will subvert the whole foundations of the government , and erect his own arbitrary edict , for the supreme standard of jvstice , and that he shall find those popish judges , sheriffs , or any other officers or ministers , that under the protection of a standing army , shall make our lives and liberties wholly dependant upon the caprichio and pleasure of the prince , and persuant thereto , shall furnish him with jayls , gibbets , and smithfield piles , or any other arbitrary , though less sanguinary persecution to convert us to popery . first , let us examine the courage of all these arbitrary judges , officers , and state-ministers that embarque in this arbitrary undertaking . they must be all those hardy popish tools , whether corrupted by zeal or interest , that they must not value all their own lives , for notwithstanding whatever protection or impunity they may receive during the life of their royal popish driver ; no sooner shall the next protestant heir succeed him , but every mothers son of them shall be answerable with their necks for the least drop of protestant blood they have shed , or protestant liberty they have invaded . the protestant laws of the land will not be so tamely overthrown , without a certain vengeance attending it ; insomuch that those bold babel builders , these arbitrary popery raisers must either be so generous to their king as the indian wives to their husbands , and make one glorious funeral pile upon his grave ; or else , resolve to live to offer up their throats to the very sword of iustice in the hand of a lawful authority , which themselves before have so vnlawfully abused in their own . and that the liberty of the subject is so tender in the eye of the english government , the very misusing and torturing of hereticks in prison , though under that attainder , lyable to the most ignominious of deaths ; and though done in a popish predecessours reign , was sufficient to have taken the great statesman bonner's head off , but only that queen elizabeth's mercy interposed , as unwilling to stain the beginning of her reign with blood. [ reform ▪ abridg. b. . pag. . ] and if his illegal compliance with his prince was so capital an offence , what must the more violent irruptions of arbitrary rapines against the untainted liberty of the protestant subjects now pull down upon the bold invaders heads . 't is no difficult matter to possess the overcredulous world , the easy swallowing multitude , with what wondrous atchievements the zealots of popery shall undertake , and what indefatigable labours and hazards they will go through for the re-building of their faln temples , when animated and influenced by a popish soveraign . i acknowledge ( 't is true ) there is no courage more daring than that which zeal inspires ; and no zeal possibly more violent than that of the papists , and undoubtedly for rome's restoration , there would be many venturous and bold champions amongst them in so meritorious a cause . but alas ! every heroe is not a sampson . there are , no doubt , those of them that would spare neither pains nor study to propagate their own religion , though never so indirectly ; those possibly that would have it in their power ( if they could come handsomely by it ) to use their heretick adversaries with as little mercy as he did his philistian enemies ; but alas , not with his hardiness too , as like him , to pull down that roof upon their heads to their own inevitable destruction only to have the pleasure of crushing some of vs with them . we read , i confess , that pro aris & focis men will venture far . yes truly , for their religion and estates together they will do so . but in the popish case , where the founding of the one will be the destruction of the other ; where the setting up of their religion , will be the forfeiting not only their estates , but heads too ; 't is more than a hundred to one , betwixt these two so directly opposite interests , but that the keeping of their skin and bones warm on the one side , may make their zeal a little the cooler on the other . for let me tell you , where the erecting of the altar will at long run make the builders the sacrifice , in all humane probability that popish temple will go but slowly up , whose stones are to be dug out of so fatal a quarry . 't is very remarkable in queen mary's reign , when by the majority of her parliament , the protestant religion then but in its minority was abolish't , and the romish government and papal supremacy re-establish't ; and indeed the grandure of rome even to haeretici comburendi maintain'd . yet that parliament that had it absolutely in their power to gratifie the pope's utmost wishes , refused the returning his church-lands again . nay , the parliament were so averse to the thought of such a restitution , that they had never been wrought up to the restoring of the very supremacy it self , and of making of all those favourable acts towards the re-installing of popery again , but by much pains used ( as burnet in his abridgement , pag. says ) by the policy of bishop gardiner , to ensure the kingdom from the fear of coming under such tyranny from rome as their ancestors had groaned under , and likewise from the loss of the abbey-lands . insomuch that gardiner promised them for removal of all such jealousie , that all the old laws against provisions should continue in force , and to shew them that legates should exercise no dangerous authority in england , he made pool take out a license under the great seal for his legantine power ; and for the other , viz. the abbey-lands , he promised both an act of parliament and convocation confirming them , and undertook that the pope himself should ratifie the alienation of the church-lands ; which , history tells us , was accordingly done . nevertheless , as this papal dispensation came very unwillingly from rome , being only a forced compliance and temporizing with the english obstinacy in that point . the queen her self restored all the church-lands in her possession , and proceeded so far as to the re-building of several religious houses , declaring to her treasurer , and some of her other officers , that she thought her self bound in conscience to restore all the church-lands , as being unlawfully acquired , and not to be held without a sin : ( as baker in his chronicle tells us ) nay , the pope himself set out a bull , excommunicating all that kept any lands belonging to abbeys or churches ; which gave such an alarm to the nation , that gardiner was forced to pacifie them , by telling them , that bull was intended only to the people of germany , and not england . however , the pope continued his high resentments against the undutifulness of england , that he could not forbear telling the queen's ambassadours . ( abridg. pag. . ) that it was beyond his power to confirm sacriledge , and all were obliged , under the pain of damnation to restore to the last farthing every thing that belong'd to the church ; he said likewise , that he would send over a collectour to gather the peter-pence ; for they could not expect that st. peter would open heaven to them , so long as they denied him his rights upon earth . yet all this made so little impression on the commons of england , that whatever conscience might dictate , their priests insinuate , their popish successour solicite , or their pope himself endeavour , so powerful was interest above conscience , and all other motives whatever , that several of the commons in parliament lay'd their hands on their swords , and declared that they would not part with their estates , but defend them . and every motion that way , was always carryed in the negative . ( abridg. of the reform . b. . pag. ) now , pray , for once , let us compare cases . if the papists in her reign , with the highest papal dominion and soveraignty in their own hands , under an establish't roman church , against both their priests and their prince ; nay , a prince too , with her hereticks under her feet , and her religion in the very saddle , could refuse both their pope , and their popish successour so just and so sacred a right , and so important to his church's interest , and that too , when with all safety round them , they might have confirm'd their oblation even by the strongest bonds of law ; so on the other side , how shall it be suppos'd that the more prodigal papists in our age , in the quite contrary extream , shall gratifie the unjust demands of a more impotent popish successour , under the lowest ebb of popery against all law or pretence of law whatever , by launching out into the most notorious . violation of all the highest sanctions of right and justice , and the most openfaced tyranny and most impudent barbarity in the world , and all ( forsooth ) for the establishing of popery ; and all , god wot , too little for the work ; and this too , to the running themselves into unavoidable iayls and halters ; and not only to the ruining of their estates , but to the cutting off of the lives of themselves , and even the very race of papists under the next immediate crown'd-head that succeeds . besides , as boldly as the roman zealots stand up for the interest and dignity of mother-church , and the grandure and dominion of their peter's successour , not only the papists , but the very priests themselves are not so overcouragious in this cause as the world suspects them . for instance , in henry the eighth's reign , the whole clergy of england , by a state-surprize upon them , were found guilty of a premunire , by submitting to cardinal woolsy's legantine-power , as derived only from the pope's authority , and thereby expresly against the statute of provisoes , an old dormient law , made several king's reigns before , though rarely , or never put in force , by reason of the remissness of the government , and the supiness of the nation and kings submission to rome , and therefore unwarily transgrest by the clergy now . by vertue however of which they had forfeited their goods and chattels to the king , and their persons to be imprisoned . upon the king's menace of executing which law ( reformat . book the d. pag. . ) the convocation of canterbury , in tenderness to their skins and estates , brought a petition to his majesty , acknowledging him in the title , protectour , and supream head of the church and clergy of england . which was agreed to by nine bishops , abbots , and the majority of the convocation in the province of canterbury , praying him to accept of l. in leiu of the punishments incurred . and the province of york soon afterwards consented to the same submission , with the offer of l. for obtaining the same pardon . insomuch that we find the very popish clergy themselves so servilely compounding for their mammon , and their carcases ( not so much in the voluntary tribute of their purses ) as with the renunciation of the pope's ecclesiastical supremacy , the very brightest iewel in the tripple diadem , and consequently by this sordid compliance , even the priesthood it self by their own leading act , gave the fatal original precedent to the succeeding act of parliament to confirm that supremacy in the crown , and so struck the first main blow towards the shaking of the romish prerogative in england , and thereupon conspired to the greatest part of the ensuing fatalities to their religion it self . and therefore , if the ecclesiastical sons of rome could ward themselves from the stroke of law due to that less capital transgression then , by denying their very pope : why must the sons of rome be so prodigiously fool-hardy now , as to run themselves into a more dangerous and more mortal noose of law for his vindication . 't is very easie preaching to fools and madmen ( as the popish character has very rhetorically done ) what miraculous fire and faggot feats , or other arbitrary extravagancies the wonderful papists under a popish successour shall do . but as great a deity as the romanists make of their keeper of the keys of heaven , as the devil ( speaking of job ) makes answer to god almighty , put forth thine hand , and touch him in all that he hath , and he will curse thee to thy face . so let his holiness put these zealots upon that hard task , where their necks are sure to stretch in the service , and obedience will be so little a part of the sacrifice they 'l make his divinityship in such a command , that all his bell , book , and candle will be too little to conjure up half hands enough for so ungrateful and so cursed an employment . whatever pleasure they may take in bringing vs to stakes and gibbets , they are not overfond of martyrdom themselves . and though great is their diana of ephesus , whil'st profit and safety go along with her , and upon reasonable terms , much might be done to exalt her ; yet ther 's that vniversal charm in that thing call'd ovr all , and that strange superseding quality in those potent operators self , , and self-preservation , that it over-rules the highest excursions even of the most daring zeal , and the very biggest devils of outrage and tyranny are laid by no other spell . but perhaps it may be objected , that to incourage the bold labourers in this harvest , this popish king , to prevent the ruine both of his cause and his party , will take care , in case of a protestant heir , to divert the succession , and continue the crown upon some other popish head ; and so by a longer usurpation of this arbitrary supremacy , and a more lasting persecution of the protestants , provide as much as in him lyes , that the propagation of the romish faith may be compleated in succeeding ages , upon so good a foundation lay'd in his own. this foolish supposition is so lewdly ridiculous , that ther 's scarce a shadow for such a fea● : for ( alas ) there will be so little hopes of a popish vsurper's mounting the throne , after so notorious a tyranny under a lawful popish king before him , as nothing can scarcely be more impossible . 't is possible indeed , the duty of our christianity , and the bond of passive obedience , as having the lawful power of no other weapons but our prayers and tears against the tyranny of our lawful prince , may tye up our hands , and keep us in the bounds of peace and resignation during his reign . but the setting up of a popish vsurper after him , in wrong to the imperial protestant right heir , will undoubtedly ingage all the protestant hands and hearts against so impudent an invader ; ( and if occasion require , his protestant royal neighbours in such a cause ) whil'st the taking up arms in such a quarrel , which had been rebellion against his predecessour before , would be the work of their highest duty and allegiance now . and as the remembrance of their past yoke to all true english spi●its , would certainly double edge their very swords ; so , in so just a cause , 't would infallibly spur them to so perfect , and so unanimous a revenge , as to cut off their popish enemies , even to the last man. now what popish vsurper shall venture to pass such an ordeal to a throne ? or what hopes a popish king can have of such a successour , or of accomplishing his own popish designs on such a basis , let common reason judge . and therefore the pope must have a very little paternal care of his royal son of rome , and indeed of all his catholick sons in england , as to imbark them in a cause so apparently derstructive , whil'st by misleading them into such sanguinary , illegal cruelties against the protestants , and all for an impossible conversion of a nation , he runs his own darling people , root and branch into an inevitable fate under the next protestant successor , exposed not only to the highest popular swords and fury , but even to cords and axes , and the severest stroke and vengeance of law it self . but possibly their fate shall not wait so long as the next king's coronation , but overtake them in the first onset of their popish barbarity . for let ut but look back to the gun-powder treason , a plot where faux's powder-barrels were neither like otes his teuxbury mustard-balls , nor his black bills , invisible . a plot too , where the conspirators dyed not tongue-tyed , but confessed their guilt , without that wonder-working dispensation of asserting a counterfeit innocence , to the stretch o their salvation , and renuntiation of their god , on the very brink of eternity . let us look back , i say , to the discovery of that plot : and history informs us , that 't was as much as the king , court and government could possibly do to restrain the peopl's rage from butchering all the papists in england , the guilty and innocent together in the revenge of so barbarous a machination , though uneffected ; tho by providence detected and frustrated . and if the genius of england was so highly exasperated , and so furiously transported in zeal for their prince's and their representativ's danger , though past and escaped . what security shall the pope , or his popish successour promise themselves , that the people's zeal for their own dangers approaching , will not be as much transported too . and that the eruption of smithfield fires , with the dragging of their fathers , their wives , their children , or their kindred ( and possibly their own turn next ) to a popish stake , will not equally , if not more violently inflame them into as great , or greater outrages than the gun-powder plot could do . but whether this certain ruine should persue these arbitrary popish instruments either sooner or later , and that it were really possible ▪ these , or any other illegal popish measures might give us some trouble and disturbance during this popish monarch's reign . how wretched a piece of work must the wisdom of the pope and the whole conclave undertake , to make popery and arbitrary power under a popish successour , those feeble serpents that shall but just bite our heels to provoke our succeeding vengeance to crush their heads . in the second year of queen mary , after the repeal of king edward's laws , but before the restoration of the pope's supremacy , we are told in the history of the reformation : ( abridg. b. . pag. . ) of a project proposed by the spanish ambassadour to the queen , of assuming the power of a conquerour , and ruling at pleasure ; by which she might restore both the religion and the abbey-lands , and be under no restraint . this she communicated to her chancellour gardiner and charged him to give her his opinion of it sincerely , as he would answer to god for it at the last day . he read it carefully , and told her it was a most pernicious contrivance , and begg'd her not to listen to such platforms which might be brought her by base sycophants . vpon that she burnt the paper , and charged the ambassadour to bring her no more such pro●ects . this gave gardiner great apprehensions of the mischiefs that spanish councils might bring upon the nation : and so he procured the act to be made ; by which the queen was bound by the law , as much as her ancestors were . now if that bloody popish zealot gardiner was so violently averse to the thought of bringing arbitrary - power into england , for what service soever to the romish cause , as in his opinion so most pernicious ; when at the same time the majority , or half of the nation at least were of that perswasion . and if popish standing armies could have done the feat , they were ten times easier to be rais'd for any arbitrary popish purpose then ; especially too , when the queen lay in the bosome of that potent spanish husband ( witness his invincible armada soon after against queen elizabeth ) that could have lent her a very considerable helping hand from forreign assistance to push on the project , had her english strength been insufficient . now i say , if nevertheless the design was deem'd so pernicious then , what popish state councellours at this time of day will run their own and their prince's fingers so far in the fire , as to advise him to any such arbitrary projection now , under so low a wane of popery , that scarce the th . part of the nation are of that religion , and therefore infinitely more pernicious than in queen mary's case , and consequently , which nothing but the most abandon'd lunacy can ever pretend to advise , or attempt . 't is true indeed , the popish character lays down a most expeditious method of raising this dreadful standing army , that are to accomplish the mighty feat of popery and slavery under a romish successour ; which for the reader 's diversion take as follows . to make the pope absolute , there wants a standing-army ; and he shall have it . for who shall hinder him ? nay , all his commanders shall be qualify'd even by our present protestant test for the employment . he shall have enough men of the blade out of one half of the gaming houses in town , to officer twice as many forces as he shall want . 't is true , they shall be men of no estates nor principles . but they shall fight as well as those that have both. for people are ever as valiant that have their fortunes to raise , as those that have them to defend : nay , of the two they shall be the more faithful . for they have no property to be concern'd for , and will more zealously serve him , by reason their whole interest and estates lye in him. and that this army may be more quietly raysed , how many honourable pretences may be found ? perhaps the greatest and most important preservation of his kingdom shall call for it : and then upon second thoughts , instead of defeating some forreign enemy , they are opportunely ready to cut our throats at home , &c. this projection i confess is the only passage through the whole character , that endeavours to make out the possibility of any part of the numerous popish mischiefs denounced through the whole pamphlet . for all along it absolutely supposes the power of a popish successour's doing whatever he pleases ; and after so fallacious a petitio principii , it leaps over all mountains in the way , and only labours to prove the depravity of a popish successour's tyrannical inclinations , and give him the will of putting that power into execution . but to examine the depth of this projection , granting such a set of atheistick officers could be found ; what then must their army be ? here 's a forreign invasion , or some other honourable cause proposed , and an army raysed for that seeming intent and purpose : an army of papists they cannot be , for there is not men , women , and children of that perswasion in the whole kingdom , and consequently , far short of fighting men amongst them all ; and possibly , not one half of them neither , such foolhardy desperadoes , as to hazard their lives so madly and so extravagantly in so unpromising a cause , so unaccomplishable a design as subjecting of england by the hands of the papists . so that an army of papists can be no part of a popish successour's thoughts . and that the number of the papists in england is really no greater . the king's indulgence formerly to those of that religon , in gratitude for their loyal endeavours at worcester ; and indeed through all his fathers distresses ; has been so far from putting them to the shifts of disguises or concealment of their perswasions , that before the late wakening of the laws against them , the papists were every where as visible , and generally as distinguishable ▪ from the rest of mankind as one sex is from another ; insomuch that ( unless their numbers have increased by converts made since the popish discovery , and the execution of the statutes against them ) there 's scarce one papist in england , that all his neighbours round him cannot particularly point at . and how thin sown those papists are , is notoriously manifest , when in many and many a ten parishes together in england there is not three papists , and the whole number computed through the nation , scarce the th . man of that perswasion . notwithstanding there have been many fanatical pretensions of wonderful popish dispensations ; by vertue of which , there are at least thirty or fourty thousand church-papists as some old oliverian rebels shall tell you , tolerated by the pope to an absolute protestant vniformity , and ready upon occasion , to show themselves in their proper colours . the villany of which damnable falshood is sufficiently apparent , from the forementiond indulgence . for why such a dispensation ? why a playing the basest of hypocrites , and bantring with religion , sacraments , nay , god himself ; ( as such a dispensation is no less ) when under so universal an impunity , there was not the least occasion for it ? there 's a natural pride in all religions to avow their own principles ; and no man , like st. peter , denyes his master , unless , like him too , under some apprehension of danger in owning him . and therefore these papal dispensations must be the second part of otes his commissions , and nothing but the restless malice of schisme , and the diabolical spirit of rebellion can raise so false an alarum of popery , and bugbear the ignorant rabble by so vile and so cursed an imposture . but to return to our standing army . an army of papists is not to be had ; and an army of atheists is as unseizible as the other . for whatever dissolute debauchees might possibly be culled out ( as the character tells you ) of no religion nor principles , for a few particular officers ; the whole gross of an army of the same stamp is not in rerum naturâ : for if a popish successour will have an army of english-men , he must take them as he finds them , the loose and poorer sort of rabble , the bore and peasant , the refuse of the shop and the plough , which are ever the composition of armyes in a kingdom not so extraordinary peopled as england , and these must be the hands that this popish successour must raise for his standing armyes . and if so , how far the genius of the commonalty of england lyes towards such a popish vndertaking , and this no-popish army shall push on to these all-popish designs , is worthy our consideration . here 's an army expresly rais'd for a forreign invasion , or the like ; and on the quite contrary , intended to cut our own throats at home ; rays'd for the kingdom 's preservation , & used for its downright destruction ; and all this , forsooth , because their arbitrary popishly affected officers shall pull off the vizor , and wheel about , and at the word of command , the whole army after them . but the quaery is , whether they 'll obey that command , and be so tamely indifferent pro or con in their obedience , to act the most opposite thing to what they were raysed for , and maintain perhaps the only cause that they abhor . i confess , in the quarrels of princes and states , as to forreign engagements , the vindicating of a national honour , or the enlarging of dominion , &c. armyes are generally of their leaders inclinations , and it boots lit●le possibly to an english army , whether ingaged against a dutch or a french enemy . but in domestick and intestine jarrs , the favour of the cause ever animates the arm that fights it . in all the popish rebellions , or massacres , whether in ireland , piedmont , or paris , whether for or against the prince , or in all the several hugonot rebellions in france , or any other kingdoms of europe ; when religion was the quarrel , 't was not the command of the leader but the principle of the party adhering to him , that was ever the first mover on both sides . and a popish cause in england can never move , but upon the same axle . and nothing is more i●le , than to fancy such an extravagance in any people or religion in the world , as to swallow such implicite obedience to princes , as to do any thing , or all things because commanded . 't is not the first time that through prejudice to the person or the cause , disgusted souldiers have shot through their captains instead of their enemies heads , and the fate of kuniski amongst the cossacks , is no original of the kind ; nor is it any such rarity in history , to find whole armies turn deserters , and not only set up new leaders , but new soveraigns too . and truly upon engaging an english army under so bloody a popish standard , what assurance can this popish successour propose to himself , not so much of going through with so crabbed a piece of work , but even of his own meer safety under the protection of such hands and swords to uphold him ? what security shall he , or indeed can he in common reason expect from the stubborn , obstinate english hands , a people too apt to fly in the very face of princes upon a less provocation than so ungrateful a piece of service : and that upon raising an army for any such kind of purpose , he has not put the sword into their very hands that may guide it to his own throat , whil'st possibly they shall be opportunely raised for some more darling-protestant favourite to step into the head of them , and dismount , not only their popish officers , but popery too , and the very royal popish nimrod himself ; nay , and perhaps use him with as little remorse as the turkish janizaries have done several of their less hated grand seigniours under a much more trivial disgust . but to give an example out of our english chronicles , of the obedience and loyalty of english armyes to a king they hate ; i shall only refer the reader to the fate of king richard the third at bosworth field . baker tells us , that richard's army was double the strength and number of his adversarys , the earl of richmond's . yet see the infidelity of an english army to a prince under the popular dissatisfaction and prejudice . a great part of his army raised for his preservation , was actually ingaged in his destruction . for the lord stanly by a revolt with horse , sir william stanly with a party of more ; and with these sir walter hungerford , sir john savage , sir brian stanford , sir simon digby , all commanders , who withdrew likewise with their respective inferiour souldiers , amounting between them , to the majority of richard's whole army , turned all to the earl of richmond , and carryed the whole fortune of the day to the victorious enemies side , to the loss both of richard's crown and life together . nay , he goes further , and expresly tells us , that in this battle henry , earl of northumberland , a commander of richard's party , never strook stroke ; as likewise many other , who follow'd him moreout of fear than love : which neuters upon the same revolt as the lord stanly , might undoubtedly have withdrawn their party to richmond too . so that upon that dangerous and fatal rock , the people's aversion , how easily are the crowns and lives of princes shipwrack't ? and what little trust can monarchs repose in the strength and swords of armies whose hearts are not theirs . but alas ! if richard the third found such treachery from a revolting army ; and an antipathy so destructive to him ; what truth or faith is a popish tyrant like to find from armies under a more universal and inveterate detestation . for wherein was king richard's crime so great ? ( i mean , as to the people ) 't is true , he mounted the throne by the most inhumane of murders . and from that only grievance proceeded the defection of his souldiers , that cost him his life and empire . but still , that was not half so great an incentive to his revolting subjects , as the forementioned barbarities of a popish tyrant now . for though he was so deeply stain'd in royal blood , yet that was not so nearly felt by the people , as a romish tyrants cutting his subjects throats would be , by reason that englishmen have ever a greater tenderness of themselves than their princes . besides , whatever wrong he had done to the royal family , never had prince more endeared himself ( or endeavoured it , at least ) than he to his people . for baker gives this account of him , that having gotten the crown by pestilent courses , he sought to establish it by wholesome laws : for in no king's reign were ever better laws made , for the ease and solace of the people , or more immunities granted to the subject . nor was there any thing of religious difference in his case ( religion , that the character tells you , sets all nations in a flame ) for richard and his souldiers were of one church ; and so no part of the people's hatred ( as in the case of popery now ) nor any part of the coals was blown up from that wind. yet , if under no danger to religion and liberties , no approach nor apprehension of tyranny and slavery , nevertheless his parricides alone outweighed all other merits , and their hatred of richard only on that score , could turn his subjects swords against his own breast ; how much more violent an aversion will the hatred of a popish tyrant , both for his religion and his cause together produce , being enough to exasperate the english constitutions , not only into rebels , but even into savages too . but for a farther instance of revolting armies , the history of demetrius , emperour of russia , is a memorable example . this demetrius , the only heir of the empire , was in his infancy stoln away to be rescued from the danger of his life from the cruelty of the usurper boritz fedoritz , then in possession of the empire , and another body very like him , was exposed dead to the view of the people . this demetrius being brought up in poland with the palatine sandomi● , after he had travelled into germany and italy for the space of twenty years , gave himself to be known for the son of bazil , and heir of russia , and by the assistance of the palatine , the jesuites , and the favour of the king himself , entred into muscovy , well accompanied with germanes , poles , and cossacks . against whom boritz raised a puissant army . nevertheless the infidelity of his people , who rose in arms against him , together with several losses sustained , deprived him both of courage and life , and thereupon he dyed , but left his son to succeed him ; who was received indeed by some of his faction . but the city of muscovy , together with all the country , having joyn'd with demetrius , threw boritz son into prison , and establish't demetrius upon the throne ; whose coronation , ( as 't is largely described in the history of the iron age ) was attended with such loud transports of the people , and such universal acclamations of joy , as could scarce be exceeded . yet this very prince had no sooner ascended the throne , and was scarce yet warm in the seat , but those very subjects whose hands and swords had so chearfully and vigorously asserted the justice of his cause and birthright , and advanced him to the empire ; nevertheless , understanding that he had embraced the romish faith , and acknowledged the pope , and that he had introduced the jesuites , as they apprehended , to endeavour the change of the religion ( which in russia , is the greek church ) fell so totally off from their new allegiance , and entice into so sudden and so perfidious a conspiracy against him , that upon a general uproar they fell upon the poles , and others , as they were going to court , insomuch that they overpower'd all the forreign assistance he had brought with him , and approach't so near to his palace , till the emperour left his queen , and got away , and upon persuit , leapt down from a tower through a window ; at the foot whereof ( being found alive ) he was forthwith dispatcht , and the cruelty of the barbarous multitude continued upon his dead body , which they tore in pieces : and so swift was the change of popular affections , and so violent the fury stirred up by the meer alarum of altering the religion , that all this prodigious revolution was wrought in a month's time after his acquisition of the crown . and if the imaginary introduction of popery ( as this was hitherto no more ) could raise so rapid a torrent , and so sudden a turn of tide from the revolting muscovites ; what miraculous fidelity can a romanist expect from englishmen , under as great an abhorrence of the religion , and a more real appearance of the aforenamed tyrannous effects of it . but put the case , the best and most plausible way , viz. that a popish successour ( as some people will fancy ) though really impossible ) could raise a whole army of the same stretching conscience as the character has raised him officers , a crew of all atheists ▪ and neither principles nor religion were any part of their consideration , and consequently plyable to any purpose whatever ; as a pack of such reprobates as shall obey their prince and his officers in so unjustifyable a command , and so unnatural a piece of service as cutting the protestant throats , or upholding those arbittary judges that shall do it ; what faith shall he dare lodge in an army so qualified ? for what shall hinder them , upon any opportunity or overture of greater advantage , from turning as great reg●es against him as for him ? and truly with as little guilt , and as good conscience on one side as ' tother . for an actual obedience , even to a crown'd head in the execution of an vnlawful act , especially so notorious as the massacring of his subjects , and destruction of the government , is as much against our duty , both as christians and subjects , as downright to rebell against him . and if this army can stretch so far as to such horrid popish outrages , so much against the english grain , 't is very great odds , but they 'd much easier lean to their more natural byass on the other . i need not insist much farther upon the manifest inability of popery's advancement by armies or arbitrary power , when arbitrary power of it self alone ▪ without the other unweildy clog of popery at the heels of it , has been ever adjudged so impracticable in england , that the very conquerour himself , the norman william thought not his victory secure , but by ingaging to adhere to william the confessours laws , or at least , to introduce no noveltyes , excepting such as tryals by juryes , or the like ; and these to the priviledge , not infringement of the peoples liberties . and the long and bloody baron's wars , upon a less invasion of liberty , are a sufficient demonstration of the vneasiness of englishmen under any yoke whatever . insomuch that a popish successour , under the undeniable suspitions , and at best , but faint affections of his people , is so far from a capacity of tyrannizing either with armyes , or without them , that he has no other support both of himself and his whole party , but by following the forementiond measures of richard the third , and either to in dear himself by making of wholesome laws for the people's freedom and tranquility ; or at least by keeping within the bounds of those wholesome ones they have already made for their security . now with all these numerous and undeniable blocks in his way , why must a popish successour be able , or indeed possest with so enthusiastick a presumption ( for nothing less than supernatural inspirations will do it ) as to think himself able to accomplish that very thing in england which was never done by monarch before . nay , to make the presumption a little more prodigious , this very successour , who of all the kings since the creation , has the worst tools for such an atchievement , must be the first and only person that is for undertaking it . for as a national slavery is always the work of time , and can get footing at best but by slow and subtle encroachments ; and likewise , if at all 〈◊〉 a thousand times more feasible from a prince that is the people's darling , than one that is the ●●●version . how unfit a prince will a popish successour be , for so hazardous an attempt , when the continual and united jealousies of his subjects will prevent the first part of the danger , by forewatching even the least surprize or arbitrary encroachment upon them , and next will never furnish him with half hands enough to perfect the vndertaking . well , but notwithstanding all this , there are a sort of people in the world that shall make answer , that arbitrary power in a papist is not a thing so new , nor so unpracticable , when the government of the now french king is so manifest a testimony to the contrary . and truly there are but too many incendiaries in this age , that distract the brainless part of mankind with almost no other gorgon , viz. that the french king's standing-armyes are to be the pattern of a popish successour's government , and the persecution of his hugonots , the very fate of the protestants in england , whil'st under the rose , popery and slavery are to copy from no other original . as this is one of the main pretensions of the whig-fears , and indeed the top-demonstration of popery and arbitrary power ; so when truly examined , you 'll find it just such an apparition as otes's bloody pilgrims ; the more terrible , the more ridiculous . for as 't is the common fate of all popular arguments on that subject ; so much the more formidable , still so much the more ayry the phantom . for first , not to insist much upon the general mistake of mankind , when possibly the french arbitrary power is infinitely magnifyed above what really it is ; for excepting the french king's now and then fleecing an over-rich cheating courtier a little arbitrarily , and thereby , in truth , making but a reprizal of his own , i could never yet learn by those that know the french government , that any man's meum or tuum was illegally taken away , or any man's life or fortune stood or fell , but by the judicial process of the laws of the land. 't is true indeed , his wars have been expensive , but then his revenues have been large to support them ; and not only that , but his forreign depredations have supplyed the greatest part of the expence . nevertheless whatever arbitrary taxes he may have raysed , to the injury of any particular aggrieved subject , or whatever tyranny he may have exercised over the distrest and persecuted hugonots , if either of the two can be properly arbitrary or tyrannick , when past into a law , and made a decree enacted by parliament , as both the taxes and the present hugonot persecution are ; the french king 's arbitrary incroachments in france , are no precedent for a popish successour's imitation in england , and that because the state and constitution of the two kingdoms are so extreamly different , that there is not the least ground for such a foundation here as there . for first as to the nature and genius of the people : in france , the peasants ab origine have not enjoyed half the priviledges and immunityes of the freeborn people of england . and therefore under that sordid education , as knowing no better , and being in a manner inured to slavery , 't is no such great wonder to see the french commonalty submitting to such oppression , as indeed , why should they otherwise , when they submit but to law. and if the french king has any greater ascendance over his parliaments than the kings of england over theirs , to perform all this ; why should that be any rarity , when in reality they are of so different a constitution from those of england , that they are rather the settled magistrrcy of the nation than any thing like our parliaments ; and as ours are of the peopl's election , theirs in a manner only the king 's , every member of the french parliaments holding his office not only for life , but even to his heirs , unless alienated by the prince upon a forfeiture , or any personal dislike ; that in short , as being the creatures of the king , they are truly more like a turkish divan than an english house of commons . but in fine , to make a parallel of our dangers between the state of the two nations , which in truth is bringing north and south together . becavse a popish french king , with the majority of the kingdom of his own religion , the religion established by law , and flourishing in glory ; by help of such vaste armies too , intirely of that religion , and thereby principled for his own service , can squeeze some particular of his subjects purses a little arbitrarily , and oppress and persecute the poor forlorn hugonots , a party infinitely the minority , disabled too from all power , and at highest , but suffered by the indulgence of the state , and that even with the most favourable aspect of the government , under that pittance of encouragment , that ( for example ) to the whole body of the reformers inhabiting in that vaste and populous city of paris , there is tolerated but one hugonot church , and that standing like our pancras , only more miles out of town , because i say , the french king under these circumstances can do all this : therefore ( pray mark it ) a popish english king with his diminitive romish party , the most inconsiderable handful of the nation , under not only the censure of the law , but the utter abhorrence of the people , with the help of an army ( if he has any ) of a quite contrary religion , and thereby wholly unprincipled for the service intended , shall vanquish and subject the protestant establish't religion in all its lustre and strength , upheld by all the fortifications of law , and by numbers even to a more than hundredfold majority ; whil'st the english protestants are not only to feel the french hugonots smart , but ( if either the fanatical suggestions , or the popish character speaks truth ) to groan under a hundred times ( oh! monstrum horrendum ! ) more dismal persecution and slavery : the present french arbitrary stretch being little more than a fleabiting to our total abolition of our laws , libertyes and religion . but to make this french goblin more monstrous still , there are some people that go a bowes shoot farther yet , and will tell you , that by the aforesaid almost omnipotent things called standing-armyes , a popish successour shall not only crush our protestant laws and liberties to pieces himself , but likewise hectour our very parliaments to that degree , as to force them to the giving up our very birthrights to him , nay , to the very passing of at once both popery and slavery into law it self ; and then lord have mercy upon poor lost england . for alas ! the same absolute uncontroulable soveraignty that the french king has over his parliaments , is ( they 'll tell you ) the intended scheme of a popish dominion in england . and then where ! oh where ! is our religion and liberties when that black day once comes ? now in the name of lucifer , what infernal impudence reigns in the world , when such rank , such nonsensical stuff as this can be asserted by rogues , and credited by fools . for besides the most infamous calumny that this execrable imputation throws upon the whole body of the nation , viz. that englishmen shall be such tame , such abject , such despicable wretches and cowards , as out of any personal fear whatever , to yield up their laws , rights , and religion , to the ruine of themselves and their posterity , and thereby offer , as it were , even their own throats to the slaughter . what relation has the present management in france to that of popery in england , or the french king 's parliamentary influence to that of a popish successour's ? for whatever extraordinary obedience or subjection the french parliaments may yield to their king in the grant of any oppressive impositions upon the subject to advance their king 's exorbitant power and greatness ; are the french king 's arbitrary endeavours to root up the foundations of his popish laws and the establish't religion of france , which vice versa , is the case in england ; so that if a popish successour can hector our english parliaments to no farther a complyance than the french king does his , the devil an inch of ground will popery get in england ; for as i take it , the french parliaments are all popish ; and as such , are in so little danger of their religion , that truly their prince in the other extream is in the highest extravagance of advancing it . so that unless we state the parrallel between the two kings thus , viz. ( supposing the french king a hugonot , which is but turning our tables ) that then both his popish armies and popish parliaments would nevertheless be awed and bullyed into that intire submission to him , as to abolish the fundamental laws of the kingdom , and thereby subject themselves and all their brethren papists to the self same persecution and slavery under the hugonots , that the hugonots suffer under them : without which supposition his tyranny is wholly alien to our popish successour's ; and nothing but the most villanous phanatical sophistry dares cant at this wretched rate , to pretend to make the french tyranny a model for english popery to work by . but put the case there were a french hugonot king , and that had the forementioned purpose in agitation , either by armies or parliaments ( as plyable as the french genius is supposed to be ) his ill success in such an exploit might be soon guest , by the difficulties and obstructions of their hugonot henry the th . in his way to the throne under but a suspition of inclining that way . and consequently , what worse success would attend the like popish changes in england , under the manifest disproportion of the english papists to the french hugonots , is past dispute , however , if neither english armies nor english parliaments can do the popish feat , there 's one last expedient yet to vanquish all obstacles , and that i assure you , ( if no small authors may be believed ) a most puissant one , viz. if the popish hands in england are too weak to enslave us , this popish successour shall borrow the assistance of popish neighbours to help out , and so what cannot be done by domestick forces , shall be perform'd by a forreign army , call'd over on purpose . this expedient i confess , is so much the more remarkable , as it has some little affinity to bedlow's st. jago expedition , and truly has sometimes had the honour to be harangued upon even in a house of commons , as no small danger from popery . but notwithstanding the authority and veracity this projection may seem to arrogate from its admission into an honourable house of parliament ; upon due examination , i am half afraid , 't will prove but one of the observator's downright twangers ▪ for if this popish successour be for setting up popery by pitch't battles and plain conquest , and that too , by outlandish ayde ; in the first place he must have far more than tenfold as many forreign popish hands as he has of his own to pretend at least to a strength able to subdue england ▪ nay , and in truth , here 's one unlucky circumstance attending , that is , if he can borrow popish neighbours , 't is odds but the protestants may borrow protestant neighbours too upon occasion ; for princes have as often lent armies to succour opprest subjects , as to assist oppressing tyrants . but let that pass . but supposing the best face of the thing , that there were some chance for him in this bold cast , and that after his setting of honour , life , empire all at a throw upon the hazard of war , there were only an even lay of keeping or loosing them , a caesar aut nullus , 't were a little more pardonable venture . but as the devil would have it , there 's not one syllable of this in the matter . for if overthrown , he 's so irrevocably lost , that possibly not only his own ruine , but that of all his royal family , and of monarchy it self goes together . but admitting he conquers , the question is , whether the caesarship on the other side be so secure or no ? for truly , what if the aforesaid tenfold majority of forreign conquerours should make bold to pass a civil complement upon this successour militant , and the rest of his popish remnant , and fairly keep the victory when they have got it . for i assure him little england is a pritty parcel of terra firma , and 't were no small temptation to popish or no popish fingers to be a little tenacious with so fortunate a prize . and when those triumphant forreigners have tasted the sweet air of so delicate a spot as england , 't is fourty to one whether they , or at least the crown'd head that lends them will be overhasty of resigning so inviting a trophy as the english diadem ; and truly cosidering the blackness of the cause they came over to ingage in , if any forreign prince can lend an army for so dishhonourable a quarrel , which indeed all nations and all religions must cry shame against , with much less dishonour may he wear the lawrel he wins , and assume that vanquish't kingdom to himself , when he robs but a robber , and at most deposes a cut-throat . and therefore to make instance in the case , what popish successour will venture to call over , suppose thirty or forty thousand french to enslave his people ( and thereby at one dash loose his people's hearts beyond all thoughts of a recovery ) as thither indeed the whig fears seem to point ) upon a confidence that the now french king's generosity , though possibly not the best faith-keeper in christendom , after the accomplishment of the conquest , will make so intire a resignation of all pretensions of victory to establish this absolute popish sultan : especially considering the insatiate ambition of that aspiring prince to vniversal monarchy , and particularly to the soveraignty of the seas ; which though with all his present great ships under the maritime weakness of france he cannot atchieve , he might intirely possess by so opportune and so important an addition to his conquests as england . now they must have a wonderful stock of faith , with no small mixture of madness , that can really believe any popish crown'd head in the world will ever play so cursed a loosing game , and take that path towards popery , with two such amnable precipices both on the right hand and the left , that the very masterpiece of the projection is but in effect writing his own mene tekel over his own head. so that all the forementioned impotence and impossibilities of popish and arbitrary tyrannys introduction into england , being fully demonstrated ; i have only this to add ; there is no greater mistake in the generality of mankind , than an imbibed opinion , that the papists think themselves obliged to endeavour the setting up of their religion hap-hazard , right or wrong , hand over head , without consideration or regard to the issue or success of the undertaking ; and that in fine , a popish successour will certainly muster all forces and all engines to attempt the storming of the whole protestant liberty and religion , though under a tenfold odds of laying his very bones at the siege . but the grossness of this popular errour will appear from the past conduct of all the papists in all ages and all countreys , when they never attempted a rebellion , massacre , or any such monstrous design , but where they had , not only proper popish instruments for the service , but also a popish strength capable in all reasonable prospect of going through-stitch with it . besides a bigot in religion is nevertheless a statesman in the establishing of that religion , and excepting such bedlamite enthusiasts as the old fifth monarchy adventurers , there 's policy as well as faith in all churches ; and how far soever faith may stretch , policy moves in the bounds of reason , and he that can believe the greatest lying miracle in a romish legend , will never trust to miracles in a romish battalia . and were a popish successour in his nature ten times , if possible ▪ a bloodyer-minded tyrant than the very character has shaped him , if he wants humane strength to enslave us , let us not suspect his relying on divine or infernal assistance , the ayd of angels or devils to help him . and truly when a popish successour shall seriously consider the temper of the head-strong english , a people always impatient of wrongs , to that degree of ill-nature in the resentment and prosecution of ills above all mankind beside , that whereas all other nations cry [ run rogue ] 't is observable the english note is ever [ stop thief ] but above all , a people so nicely jealous of liberty , that the very name of oppression ( especially from the crown-side ) without the thing , is enough to make them slip the bi●● and run stark mad ; insomuch that a king of england is but too justly call'd a king of devils ; when he considers all this , i say , a popish successour , a thousand to one , will never venture the raising those mutinous english devils , without a charm full strong enough to lay them again . and whatever his inclinations might be for the heretick slavery , yet as vana est sine viribus ira. 't is not the thunder in a popish successour's heart , but his hand that can hurt us , and where the arm 's too weak , and the belt too unweildy , let us never trouble our heads with fearing the blow . but that point , viz. a popish successours power of enslaving , persecuting , burning , &c. being sufficiently discust , let us next examine the veracity of the character in another point , that is , granting he either had , or fancy'd he had the power of doing it ; quaery , whither it necessarily follows that he must have the will to do it . the character , 't is true ( as i said before ) makes him plunge headlong into the breach of all promises , vows , obligations , oaths and sacraments , all the dictates even of morality and common humanity , and what not ; and renders it withall so inseperable an impulse and principle of a popish conscience , that in a manner , that popish prince that neglects so incumbent and meritorious a duty , is little less in the popish ballance than a judas or a julian , &c. though i confess , for all this terrible oathbreaking , the two instances recited in the character to prove this universal popish infidelity are possibly the idlest that a man could wish to meet with . the first of them is queen mary's breach of promise of their quiet exercise of the protestant religion , made to the norfolk and suffolk inhabitants that mounted her to her throne , which i acknowledge was both ungratefully , and in the highest degree dishonourably done ; yet when truly weighed , is far from any thing of that damnable law-breaking popish perjury that the character all along endeavours to blacken all romish princes with ; that on the contrary , though 't is true , she broke her promise given to capitulating rebels ; for the norfolk and suffolk inhabitants were indeed little better ; for as their utmost endeavours of setting their lawful soveraign upon her throne , was their absolute indispensible duty , whatever her requital might be , yet the chronicle tells us they refus'd the queen any assistance whatever till they had first condition'd with her , and extorted that promise from her . and if nevertheless she broke that promise afterwards with them , here was no tyrannick cruelty exercised , nor any coronation oath violated , when she only burnt them by law ; and as her coronation oath obliged her to rule by law , 't was only her misfortune to believe the equity of that sanguinary law , and accordingly , to act by it , and consequently , their misery to feel the scourge of it . the d. instance of a certain gentleman on the other side the water , that once took the sacrament never to invade flanders ; which since he hath so notoriously broken : and the inference from thence , that a popish successour will much more break all oaths , for the meritorious propagation of his religion , when a popish prince has violated even sacraments themselves for his irregular , unjustifyable ambition ; is so impertinently urged , that nothing can be less to the purpose . for that gentleman's breach of his sacramentary oath is no sin of the papist , but the man , not a principle of his religion , but the fault of his little or no religion in so slight a regard of so sacred an obligation , wherein his ambition overpowered his christianity ; and possibly under his lust of power , an oath upon the bible or the alcoran might be much of a strength . but to find a better example of popish perfidy than the character affords , i acknowledge the horrid and most barbarous infidelity of charles the th . of france , and the impious and execrable massacre of the french protestants by that inhumane and treacherous monarch's machinations : which davilah , an historian of his own church describes with detestation , and which all religions must remember with horrour : but at the same time , to do justice likewise to the hugonot guilt , all good men ought to reflect on the three hugonot rebellions in his reign ( though whatever their provocation were ) as wholly unallowable by the laws of god ; and their daylight bloodshed such a blot in a christian scutcheon , which nothing but the others midnight murders could exceed ; and possibly those rebellions no small incentive to that diabolical assassination . i confess likewise , that i have read in a more sacred record , how the jews upon picques and revenges have cut off almost whole tribes amongst them ; but at the same time , as 't is certain , those throat-cuttings committed upon their brethren , were against their religion and the laws of god ; and which nothing but exemplary penitence could atone , so the massacring spirit of charles the th . when rightly scan'd , will not be found so canonizing a qualification in a romanist , as the world suspects it . for if it were really that signally meritorious principle of popery , how comes it about that there 's so few popish champions in so holy a popish war ? for to instance the practices of the romanists in all kingdoms , and all ages since the reformation . in the first place , in france ( as dr. burnet in his preface to his rights of princes assures us ) the hugonots enjoyed their liberties , and the publick unmolested toleration of their worship for several king's reigns together ; nay , and what 's particularly remarkable , the edicts that confirm'd that toleration were granted all by popish kings and a majority of papists in parliament , a favour which was never granted to the papists by any protestant parliament whatever since the first establishment of the reformation in england . nor is this popish good nature peculiar only to the french climate , when so many of the principalities of germany , and of the cantons in switzerland , where popery is the church establish't , have from age to age continued the same toleration of the reformers in the publick impunity of their persons and estates , and the exercise of their devotion . now if persecuting and enslaving of hereticks , &c. were so highly meritorious in the popish church , nay , the very shibboleth of the popish christianity , as the malice of popish characters , and the prejudice and fear of english fools has represented them , and that the highest of papal blessings and seats in heaven were the promis'd reward of such transcendent merit ; what unpardonable apostacy lyes at the doors of almost the whole body of papists through the world , and what curses and anathema's must such wilful , such undutiful , and such graceless omission of a duty so obligatory , the remissness and lethargy of so many kingdoms and principalities from so many generations to generations , deserved . but alas ! as the tree is known by the fruit ; and the test of all principles and inclinations ( i mean , under no restraint ) are their actions ; and as all those popish governments have the popish majority and strength on their side ; and thereby are in a visible capacity of oppressing and persecuting their weaker heretick subjects ; therefore this general indulgence and mercy is an unanserable argument , that under the power of tyranny and cruelty , they manifestly want the will. and whil'st their le●ity and clemency so much exceeds even that of their boasting accusers , and the favourable concession of romanists to hereticks , out does that of hereticks to them ; the injustice of so false an attainder , and so infamous an imputation is sufficiently confronted from such a cloud of numerous examples to the contrary ; whil'st it does no more follow , that a popish successour , by the tenents of his church , must hold himself obliged to be a second charles the th . or any thing like him ( had he the ability of being so ) than that every popish priest must be a mariana or a clements , and every papist a raviliac . so that if it be true , as the character affirms , that a popish successour in england , that keeps faith with hereticks , and rules by law , will be the greatest laughing-stock of the whole world , whil'st all roman catholick princes will deride the feebleness of his arm , and the tameness of his spirit for sparing a faggot in smithfield , &c. 't is very strange that those very princes should so loudly exclaim against him for that very fault in which themselves are five hundred times more criminal than he can be , by reason their greater romish transgression ( if it be one ) is so much more inexcusable , as they have popish opportunity , strength , power and dominion to capacitate them for such a persecution , and the devil an one of them has he. and at the same time ( if it be the doctrine of rome ) the pope himself too , in so extraordinary severe an imposition upon an english romanist , must be prodigiously partial , nay , a worse than egyptian taskmaster , to lay such rigorous injunctions upon so impotent a popish soveraignty here in england , and yet allow such profuse dispensations , and such extravagant latitude to the more powerful papists through all the world beside . now after this pretended brittleness of either promises obligations or oaths , let us come to the next dreadful phaenomenon of tyrant and barbarian in a popish successour . and that is , that his zeal for his church will supersede all the dictates of honour and glory whatever , and nothing so horrid or villanous that a papist , though never so great , either prince or potentate will stand out at , when for the advancement of popery . the intended proof of this assertion is the very master-stroke of the whole character , viz. verbatim , as follows . the glory of a papist ! a pretty ayry notion ! how shall we ever expect that glory shall steer the actions of a popish successour , when there is not that things so abject , that he shall refuse to do ; or that shape or hypocrisy so scandalous he shall not assume , when rome , or rome's interest shall command ; nay , when his own petulant stubborness shall but sway him : as for example ; for one fit he shall come to the protestant church , and be a member of their communion , notwithstanding at the same time his face belyes his heart , and his soul is a romanist : nay , he shall vary his disguises as often as an algerine his colours , and change his flag to conceal the pyrate . as for instance ; another fit , for whole years together , he shall come neither to one church nor 'tother , and participate of neither communion ; till ignobly he plays the unprincely , nay , unmanly hypocrite so long , that he shelters himself under the face of an atheist to shrowd a papist . a vizor more fit for a banditto than a prince . and this methinks is so wretched and so despicable a disguise , that it looks like being ashamed of his god. now to the eternal shame of the contagious air of , and the most flagitious depravity of that infamous season ; as nothing but the most unpardonable malice encouraged and animated by the licentiousness of those libertine days could have produced so exquisite a mass of rancour ; so the reader is to observe that it was exactly calculated for that very age 't was written in , an age when all venome and no reason was in mode . for first , next to the old high court of justice , here 's the most impudent tribunal set up , and a prince most audaciously arraign'd , and sentenced for a downright papist in his heart at the same hour he 's a member of the protestant communion , an accusation beyond the possibility of humane power or knowledge to make proof of , and of which only god , that knows the secrets of hearts could be judge . i remember i read of a tyrant that hang'd a fellow for a sower look , as a certain conviction of a false heart . but the character goes a bows shoot beyond him , and pretends to impeach thoughts , and adjudge souls . and though neither the highest scrutiny of law , or inquest of humane reason can inspect any further than into visible conformity and ocular demonstration : no matter for that , the popish character can out-fadom all laws , and out-see all reason , to find the vilest of dirt to throw in the face of princes . the second inglorious and monstrous blot in the princely scutcheon , as the character designs him , is the being a papist , and yet not daring to go to the popish communion . which by the way , is all supposition still , and no proof . however , granting the supposition , that he is one , does not the express law of the land say , that no papist , at least , no native popish subject of england , though never so princely born , shall go to the popish communion . yet nevertheless , here 's a prince most arrogantly asperst and vilyfyed in the most barbarous terms of vnprincely , vnmanly hypocrite , pyrate , banditto &c. , and all this for obeying the very laws of the land , and consequently , for performing the duty of a subject and a christian : nay , and in the character way of demonstration , he does an act that looks like no less than being ashamed of his god , in submitting to the government , and thereby obeying the very ordinance of god. if this be not a master-stroke , as i told you , i know not what is . but truly to be plain with this single paragraph in the popish character ( no disparagement to the rest of that libel ) no impartial reader but would swear the devil himself could not have crowded more spight and virulence , and less sence into fewer words ; and yet to shew the misery of the time 't was writ in ; i was so far from an original in that almost universal spirit of bitterness that then reigned , that the reader can't forget ( as indeed the whole nation has but too much cause to remember ) that if he at that time walked but westminster or oxfordwards , he might have seen five hundred men together , much my betters , that talk't , and what 's worse , acted as bad as i writ , and truly with as much , or more gall , and full as little reason . having thus fairly stated our case , and proved the imbecility of our fears , and the invalidity of the arguments used for the danger of popery in england this rougher way , through perjury , barbarity , &c. i shall come to the second head of my discourse , and enquire what danger there is of its introduction by perswasion and rhetorick , and all the gentler meanes of a national conversion . now i confess , the pardoning of an offender lyes in the prerogative of the crown , and the punishing , or not punishing of popish priests , or any other romish emissaries , is wholly in the breast of the prince . and upon the admission of a popish soveraign to the throne , 't is presumed , that the numbers of popish visitants from forreign seminaries , will not only encrease , but likewise act less clandestinely than formerly under the confidence of connivance at least , from a prince of their own perswasion , and a relaxation of all the poenal statutes against popery . the eminent danger of popery from this inlet , raises no little dust in the character ; and as if the whole defence of our protestant religion was secured by no other barriere than by keeping out popish emissaries at swords point , and hanging and quartering of priests and jesuits , and the severest execution of the statutes of recusancy ; which by the old figure petitio principii taken for granted , the character most furiously lays about , to prove the moral impossibility of such a barbarous unnatural popish successour that shall hang and quarter those very men that from the bottom of his heart he believes , are the undoubted disciples of heaven , and pillars of christianity , &c. and if he doth not do all this , the protestant religion is upon it last leggs ▪ and our whole church under a manifest prospect of being undermined and blown up . though by the by , here 's another piece of richard and baxterisme in the case : for if popery shall make its entrance , and sweep all before it this way , and by meer dint of logick or sophistry shall pervert the church of england , what need was there of all the aforesaid broyling , roasting and cut-throating , &c. to do the job . however , as this very indulgence and remission of the penal laws is no more than what has been granted by the clemency of the crown even for ages together , and all without one popular murmur , or the least blot in the royal arms ; the next question is , what necessity of shackling the prerogative , and tying up a popish successour to harder meat than all his protestant predecessours ; or what more mortal crime is that indulgence in a papist than in all the protestant crown'd heads before him . oh yes , infinitely more they 'l tell you : for the case is different , the popish hopes will be more lively , their courage more daring , and themselves by their popish prince , more publickly and more solemnly embraced and countenanced ; so that the inconveniences attending us from these more propitious royal smiles to the profest enemies and supplanters of our religion , will , god knows , have those victorious effects , which all the feebler popish efforts before could never obtain . well , imagine all this extraordinary benigne aspect towards popery , and for once , let us put the case the worst that can be . let us suppose all the indulgence or incouragement to popery from a popish successour , that the highest stretch of the prerogative can give it . nay , let us suppose a popish chappel in every hamlet , and mass sung in every parish in england , and to officiate in this work , the whole tribe of st. omers , doway , and all the rest of the english seminaries abroad , transplanted hither , to perform the mighty operation . what would all this do to bring in popery ? nay , let the whole colledge of cardinals come over with them too , they would be almost as inoffensive to the protestant religion as the jewish synagogue , and altogether as unable to make a national conversion to papisme , as the other to iudaisme . for instance , who are they , that these numerous popish missionaries shall convert ? the vnderstanding part of the nation , men of reason and learning ? not at all . for let the popish numbers increase as they please , the popish arguments are but the same , whether defended by ten , or ten hundred romanists . and therefore they that have their principles of faith , and the grounds of their religion rooted and confirmed by sound and well pondered iudgment and mature consideration , will no more be shaken by all the popish numbers they can send over , than all the popish volumes they have written . besides , what greater affront can be put upon our religion it self , than to imagine it so weakly supported , as to be so much as capable of being thus overthrown . who then shall they convert ? the ignorant multitude . no , them less than the other . for as the others have sense to defend themselves , these have that which is as strong , or stronger , and more invincible , viz. deafeness , prejudice and resolution . for let any man seriously consider the genius of the people of england in that point , and but fancy a jesuit , a priest or any other popish emissary , tampering with the poorest high-shoo'd , thick skull'd clown , to possess him with a faith in transsubstantiation , purgatory , saint-praying , the pope's infallibility , or any other of the terrible romish principles , and instead of making him a proselite , upon the least breath of that sort of ayr , he should be so far from hearkening or listening so much as to the means of a popish conversion , so far from attending even to the eloquence of angels upon that subject , that he should sooner look downwards for the cloven-foot of the seducer that utters it . for certainly those very people that have always been so mazed and night-mared with popery , that they have scarce seen any thing else but popish specters and goblins even at the very shadow of it , will fancy nothing less than belzebubs and lucifers at the real appearance of it . the reduction indeed of england to the romish religion is a thing as easily say'd , either in an amsterdam coffee-house , a popish courant , or an oxford house of commons , as a tale out of the seven champions , and truly with as much credibility : but alas ! when it comes to the doing once , the papists will find that the whole body of the people of england , even to a nemine contradicente ( at least , not one in a hundred excepted ) if without any other defence of their belief , are still those opinators in religion , that maugre the general ignorance of the multitude , or the great learning or rhetorick of the jesuites , they 'd be no sooner perswaded to quit their plain english bibles , nay , not so much as poor sternhold and hopkins , to listen to an unintelligible latine mass , or joyn in an ora pro nobis sancte paule , sancte petre , sancte loyola , and the rest of the fraternity of major , or minor saints , then they 'd kneel to the talmude or the alcoran , nor be no more perswaded into the possibility of a wafer's transsubstantiation into a deity , than of a cartwheel into a star : and without these and the rest of the romish fundamentals , where 's the restoration of the romish faith , or the progress of a popish propagation in england . but to confirm this certain truth from a more substantial authority than my own . 't is the very opinion of the reverend dr. burnet himself , a person , let me tell you , under no small pains-taking for the protestant religion , and as a churchman , under no common consternation from popish dangers , and therefore not at all likely to lull us into a false security of our religion . the instance of which opinion i find in the th . page of his preface to the rights of princes , as follows ; t is the maxime of the popes , not to reform abuses in their church , for if some corruptions were once acknowledged , and amended , that would give credit to the complaints which the hereticks made , and be a publick confession , that the church had erred , and would set on foot a humour of making changes , which could not be easily limited or managed . these politicks prevailed at rome , so that instead of removing abuses , all were justifyed and maintained , and yet humanely speaking , it is not to be imagin'd but that if some more palpable abuses in the worship , such as the scandalous use of images , the denying the chalice , and saying the office in an vnknown tongue , had been corrected , the reformation could not have made so great a progress as it did . wise men are unwilling to make great changes , and the rabble are wrought on , not so much by speculations , and subtle and learned arguments , as by prejudices to some publick abuses , of which they are all sensible ; and while these are continued , 't will be easie to heighten their dislike of them , and to lead them almost into any opinions , to which the hatred they bear to the abuses may any way dispose them . and the defending or maintaining of abuses , which cannot be defended , endangers the whole cause in the opinion of those who judge of parties in gross , and not by the retail of particular arguments . so that to summe up the matter : here 's the whole cause of rome in a manner wholly lost by the gross abuses in that communion . and what between the invincible obstinacy of the romanists on one side , never to recede from those abuses ; and the rabble's unanimous disgust against them on the other , as being apparent even to all capacities ; here 's the greatest progress of the reformation , flowing from almost no other channel ; and by consequence , if the original prejudice against those abuses , could open so brord a gate to the protestant religion , the present more irreconciliable antipathy against rome , heightned by so many successive popular inflammations , will make the resumption of that popish vomit so more universally nauseous , that it will undoubtedly much more contribute to the confirmation of the protestant religion , than ever it did to the introduction of it . for let but any reasonable man consider , that during so many ages of impunity to the papists from the long mercy of the late kings of england , when recusancy went unmolested and unregarded , and neither papist , nor popish priest , either punish't , or examined : excepting some few families , that bred up their children in their own perswasion , what conversions have the popish party , and all the romish missionaries made in england for half a hundred years last past ? so far from any increase , that on the contrary , they have from generation to generation apparently dwindled less and less till they are now scarce a handful in consideration of all england . and if popery and jesuitisme , with all their learning and insinuations under such royal indulgence have made such feeble progress in the conversion of england , that they have dayly lost ground , not gain'd it ; shall the yet larger indulgence of a popish successour , with the permission of their popish pr●ests barefaced , the multiplying of their numbers , or the influence of regis ad exemplum do the work ? the quite contrary . for suppose the popish priests a hundred times more numerous , and a hundred times bolder than now , yet as the popish seducers are increased , so likewise under the dismal apprehension of a visible popish successour the popular aversion will so much more increase too , and thereby become the more impregnable , whil'st the vniversality of their fear and hate will make them so much the more fortifyed against the utmost assault . besides , if the jesuites have made so little advances of popery formerly in england , that ( granting it true that 's said of them ) they have been put to the poor shifts of herding with fanaticks , and disguising into conventicle preachers ; what encouragements ( oh wonderful ! ) are they like to meet , when they throw off the vizor , and walk by day , in the open propagation of a religion so universally loathed , that it wants the subtlest of artifices and disguises to obtrude even the least tenet of it into the world ; at least , our part of the world. but surely nothing in nature can be a more ridiculous supposition at this time of day , as that the example or favour of a king in case of popery , shall contribute towards the people's embracing it , when undeniable experience tells us , that the very aspersion of but popishly affected , has lost our kings so many hearts , nay one of them ( with horrour be it spoken ) his very crown and head. by consequence , how many more hearts shall popery in earnest loose a true popish king ? and what little hope of gaining proselites or friends to a real romanist , when the meer imagination has rays'd such contagious desertions and enmity even to the best of protestant crown'd heads . and therefore how wretched a piece of sophistry must that be that imposes on the unreasoning world so impudent a piece of falshood , viz. that popery and a popish successour will find such favourable stars in england , when on the contrary , the bare notion of popery and popish councils have been attended with such fatality . however , to answer a little nearer yet to the danger of popery's coming in through the remissness and neglect of executing the laws against it , and the indulgence and incouragement of the prince to promote it , i have only this request to make to thee , thou poor frighted , half-witted creature , that fearest all this danger ( for nothing of sense can fear it ) to lay thy hand upon thy heart , and answer me this question . amongst those proselites that the aforesaid toleration and encouragement of the popish successour , and the witchcraft of the pope and jesuits are like to make , art thou thy self one of the number that is in that danger of turning papist ? now to answer for thee in thy own dialect , no! god forbid , thou l't say , what , shall i turn to a religion that has nothing in it but superstition and idolatry ! a religion worse than paganisme and judaisme , a religion that consecrates daggers , and canonizes murderers , that makes nothing but stabbing of kings , & massacring whole nations the only meritorious act of christianity ; and do you think that either the insinuations of priests , or the flattery of kings themselves , or any earthly reward shall make me turn such an apostate from truth , as to damne my soul and renounce my god : no , i have more assurance in his good grace than to imagine he 'll abandon me to such a thought : no , no , my fear is not for my self . but alas ! though i shall never turn papist , too many others will ; and when these iesuites , priests , and villains have perverted the greatest part of the nation to their idolatry , and thereby come to be able to set up the romish religion , with all the old fire and faggots that belongs to it , then shall such honest protestants as my self be burnt at a stake , for not turning devil too for company with them . and what a miserable condition will the poor protestants be in in that dreadful day . why thou fool , canst thou thus make this confident & resolute answer for thy self , and art thou so secure for thy own part , and only suspectest the danger of a popish conversion from the weakness of thy neighbour . if that be all , trouble not thy self , nor distract thy little brains for nothing , but for thy comfort , examine thy neighbours hearts as thou hast done thy own , and of ever hundred amongst them thou wilt find almost every where at least ninety nine of them that have the same dreadful opinion of popery as thou hast , and as utter an abomination of it as thy self , with the same confident assurance of themselves too ; nay , and that have only thy very reasons of fearing it . how ridiculous therefore must thy fear be , when if thou art secure , they are so too . and if so , where then are the infinite numbers of those weak brothers that the pope's emissaries shall subdue , and that majority of a perverted nation that shall establish and set up this nebuchadnezar's image , and doom thee to fiery furnaces for not kneeling with them to worship it . if the dint of perswasion and indulgence then be all the introduction of popery , and this the highest flight of a popish successour ( as indeed it is ) all our dangers are quite vanisht , and the more the nation abhors popery , the less cause it has to fear it , whil'st the universality of the detestation is the certain security of keeping it out ; and none but fools or madmen can be frighted by the apprehensions of it that way . for the blacker the feind , the less power he has over us , and they that are above temptation need not fear the devil himself . but beyond all these various pretences for popery's coming in , there 's one more general argument almost in all mouths , which we find dayly urged , and that bears no little sway in vulgar apprehensions , viz. why is it impossible that popery should come in again , and that too , by law establish't ? experience plainly tells us , that henry the eighth lay'd the foundation of the protestant religion , nay , and by a popish parliament too . for by a romish parliament was the pope's supremacy destroyed , by a romish parliament the monastery's and abbey-lands confiscated , and that very monarch , after the continuation of popery by a reign of more than half a thousand years , in the very infancy too of the protestant religion , when possibly the protestants then in england , were a less handful than are the papists in england now . this very king i say , with so small a party of protestants , could nevertheless lay the very corner stone , that the whole reformation was afterwards built upon , and that too by act of parliament . and why on the other side , shall it be so impossible for a popish prince , with henry the eight's courage and conduct withal , after not a hundred and fifty years reign of the protestant religion , to be likewise able to do the same favour for popery , and lay the very basis of it even by parliaments and law. and a protestant parliament now , as a popish one then be so managed or influenced , as to give a main lift to the work. besides , why should the change of the religion be so wondrous or difficult a deed under a popish monarch now , when upon every change of the prince's faith since the conquest , the establish't religion of the kingdom has been changed with it . for instance , after henry's good stroke towards it , did not an infant prince , edward the sixth , in poor seven years time establish the protestant religion by law ? and did not mary his popish successour subvert it again by law , and by law restore the very pope's supremacy ? and lastly , did not the protestant queen elizabeth after her , trample both pope and popery under feet , and confirm that very protestant religion that reigns at this day . and why shall a popish successour now , with as much zeal and industry as his predecessours miscarry in that very work in which not one of them fail'd before him . there is nothing that possibly passes for a more authentick confirmation of all our popish dangers than this one assertion so universally received for currant sterling , by being only taken at a lump upon trust unweighed and unexamined . but when considerately and throughly inspected , all rational men must blush to be deceived by so light and so drossy a popular tradition . for to begin with henry the eighth . in the first place , here neither is , nor can be the least motive for the present protestant people , or their representatives to make the least change whatever in the present church of england , in any kind answerable to the several inducements that wrought those changes in henry the eighth's time. for first , as no small encouragement for the reformation , the people had then contracted a general and just odium of the whole clergy , strangely occasion'd by the murder of hunn , a merchant of london in prison . this hunn being sued in the legates court for non-payment of a mortuary to his parish-priest ; in return , sued the parish priest in the temporal court for a premunire , for bringing the king's subjects before a forreign and illegal court. this incensed the clergy so much , that they threw him into prison for heresy ; where having several articles exhibited against him , upon confession of part of them , and begging mercy , he was only enjoyn'd penance . but not being prevail'd upon to let fall his suite in the temporal court , the bishop's chancellour , a doctor , and other of his officers inhumanely murdered him in prison , by breaking his neck with an iron chain , and other wounds given him upon the belly ; and then hanged him up in his own girdle to possess the world that he hanged himself . and what was yet worse , upon a full detection of the truth of this murder , the bishops of durham and lincoln , to palliate the guilt , proceeded to charge him with new heresies after death , and having sound a wickliffs bible in his house , they condemn'd him as an heretick , and burnt his body . all which proceedings being now looked upon as the act of the whole clergy , they lost the affections of the people to that degree that they could never recover them ; and nothing more disposed the people to the embracing of the new preachers than the resentment of so infamous a murder , committed and patronized by the whole clergy . [ hist . of ref. pag. , and . ] and then for the changes made in parliament . the suppression of monasteries , one of their acts , was no more than what was design'd , and begun in some measure by cardinal woolsey , and the pope himself , and that long before the breach betwixt the king and him , who granted a bull to destroy several of them , to convert into bishopricks ; [ ref. pag. . ] the scandalous and lewd lives of too many of the monks and fryars being obnoxious even to rome it self . though 't is true , the king and parliament proceeded to a total suppression of them afterwards for the same intent of erecting new episcopal sees ; though indeed the vast profits arising from their sale , through the extravagant profuseness of henry the eighth , were not wholly converted to that use ; notwithstanding , part of his promise was performed , viz. in his constituting six new bishopricks , and making allowance for fourteen deanaryes and prebendariships to fourteen bishop's sees . but to gain the parliament to the king's party in the destruction of monasteries , there was that which governs the world , interest in the case ; which was no small wheel in the machine . for the king selling of the lands at easie rates to the nobility and gentry ; by this policy the parliament members , as purchasers , by the temptation of such good penny-worths , were ingaged to assist the king in the maintenance of the changes made . [ ref. pag. . ] and for another part of henry the th's reformation , viz. the censuring and condemning of bulls , indulgenses , shrines , pilgrimages , and relicks , with the pulling down of images ; the scandalous impostures of several of them by the fraud of the priests , being publickly discovered , [ ref. p. . ] created no little aversion in the people . but besides all that , here could never be a more pleasing change to them than so beneficial a part of reformation , viz. the freeing them from all those ecclesiastick romish dreins , that had so long swallow'd almost half the wealth of the kingdom , in which too many of them had been too great sufferers , not only through their own , but also the deluded superstition of their bigotted ancestors , and by which no less than whole families had been impoverish't and undone , through the pious frauds and continual suckings of those church horse-leeches . and lastly , for the exclusion of the papal supremacy , the above cited penalty of premunire incurred both by the whole clergy and layty of england in submitting to the pope's legantine power , contrary to law , as against the act of provisoes , contributed no little matter both to the clergy and commons submission to the king in the point of that supremacy . besides , to facilitate the assumption of it , it was plainly proved by that provisoe act , and other substantial records , that the pope's encroachments in england were but vsurpation , and the supremacy in reality ab origine & de jure inherent in the crown ; and therefore the resumption of it by the king , no more than a challange and reprizal of his own invaded prerogative . as these were all the changes made by henry the eighth , the popish religion being so far from abolish't by him , that he rather strook at the court than church of rome ; witness the act of the six articles made by him , defending the greatest and principlest tenets of rome , by no less than capital punishments , and a parlimentary reinforcement of the old statute de hereticis comburendis ; [ ref. pag. . ] the heretick burning continuing through his whole reign . as these i say , were all the changes made by henry the eighth , instrumental to the present reformation , and that too , not without obstructions , witness several rebellions occasioned by this change ; the one of strong in lincolnshire ; another more formidable one in yorkshire , called by the rebels , the pilgrimage of grace , attended with a general insurrection in all the north. however , as i said before , here is no motive or inducement now for the like parliamentary compliance with a popish successour , to make any , the least change instrumental to the romish restoration . for first , supposing ( how notoriously false soever ) an equal mutability or disposition in the people now , to return to rome , as then to depart from it . here 's no stigmatizing brand of murder , or any other publick perpetration or avowing of any villany whatever to taint the whole protestant clergy , and thereby withdraw the people's hearts from them . here 's no holy-cheats and superstitious priest-impostures practised to drein the people's purses to gratifie a scandalous , voracious clergy . or any detected abuses and corruptions to disgust and exasperate the people against them . here 's no least dormient statute or title whatever , for a popish successour to lay hold of , in favour of the papacy's return into england , as there was for its expulsion . the fence of our present protestant constitution being so strong against it , and all pretensions of rome so utterly extinct and abolish't ▪ neither is here any premunire incurred by the whole clergy and nation to affright , or dasterdize them into any sordid condescencion or grants in diskindness to our religion . and lastly , here 's no fleeeing of an overgrown , overrich church in the case . ( the present church revenues under so many impropriations , being no more than will but just support its dignity and pastors but with subsistence and decency . ) no ecclesiastick booty nor prize to bribe or allure an avaricious parliament to weaken or impoverish their church for the temptation of sharing the spoyl . but above all other obstacles against rome , her 's an absolute impossibility of a temporizing clergy to favour popery . for supposing even the most barbarous insinuation of their fanatical enemies , true ; and that mammon , interest , sycophantry , ( how rascally soever that infamous suggestion ) were above religion with them . yet nevertheless the utmost influence of a romish prince could never warp them to any such execrable apostacy ; by reason the indispensable coelibacy of the romish clergy would totally exclude the present members of the church of england , as being marryed men , from any share or hopes under a romish government , whil'st instead of preferment or interest , nothing but degradation and beggery could attend them . and for an unanswerable dispurity between henry the eighth's influence towards the present protestant religion , and a popish successour's towards popery . the protestant religion with an inviting face was in a state of innocence , untainted by any of its corrupted professours with any thing like parisian massacres , irish rebellions , or gun-powder treasons ; enough of themselves alone to open that uncloseable chasme , that never to be cemented breach between englishmen and popery ; that popery could not now gain three proselites to a hundred gain'd in henry the eighth's time to the protestant religion . but here i cannot but take notice of one gross mistake , that 's commonly receiv'd for truth , viz. that henry the eighth hectored his parliaments to what he listed . which is oftentimes made use of as an argument , that a popish successour , with the same courage may do the like with his ; when on the contrary , they acted only by their own inclinations ; and when any thing was proposed by the king that went against the grain ; not all his menaces could force them to a submission . for example , when a bill had past the house of lords for regulating a common practice then in england , of defrauding the king and several of the lords of their advantages made by wards , marriages , and primier seisin , by men's making such settlements of their estates by their last wills , and other deeds to that purpose . yet notwithstanding the utmost pressure both of the king and lords for redressing that abuse , the commons rejected the bill [ ref. pag. . ] and as to the reformation , some part of it was of their own seeking . for example , in his d. year , the commons complained to the king of the grievous and intolerable severity of the ecclesiasticks , for calling men before them ex officio , and laying articles to their charge without any accuser , and then admitting no purgation , but causing the party accused either to abjure or burn . reform . pag. . and indeed in all the reformation they rather drew with him , than were driven by him . and to shew the vast difference betwixt the operation of the prince , either by edward or mary towards the change of the religion , and the working of a change now . in the first place , besides the dayly converts made to the protestant religion in edward's reign , which added strength and vigour to the reformation wrought by that prince , as the state of religion then stood the popish and protestant party were grown in a manner to be an equal division of the nation , and 't is not to be wondred , that where the weight's even , the soveraign power added to the ballance , could turn the scale ; as both in his and his sister's reign . either party having an easie game to play , whilst the respective monarch might with small difficulty turn up his own religion trump , when he had half the cards in his hands . besides , the law had then so weakly provided for the true settlement of either religion , that the greatest part of the ecclesiastick changes then , lay almost wholly in the pleasure of the prince : for after the parliament had fully invested henry the eighth with the supremacy , they impowered him as head of the church , to dispose of all episcopal sees by letters patents during pleasure . ( abrid . ref. book . pag. . ) and the bishops by the same authority had the like jurisdiction over the inferiour clergy . this unbounded latitude of the supremacy continuing through both the next reigns , a great part of the changes was owing wholly to this prerogative ; whil'st king edward made choice of a clergy of his own perswasion ▪ and in like manner queen mary placed or displaced her bishops , and removed all the inferiour clergy ad libitum , turning out whom she pleas'd , without any form of process , or special matter objected against them . all which ( abridg. b. . pag. . ) was done by virtue of the queens being head of the church ; which though she condemned as a sinful and sacraledgious power , yet she now employ'd it against those bishops , whose sees were quickly filled with men for her purpose . so that nothing could make a greater turn of church affairs in the kingdom in those days , when under such a total alteration of the clergy , and all ready at hand to step into their seats , the whole interest of the adverse religion through the forementioned equality of parties could not but be extreamly shaken , and the prevalence in parliament be highly mov'd by no other spring . besides , the act de hereticis comburendis was then unabolish't , and as the determination of heresy lay in the breast of the clergy , here was an easie leap into all the foregoing severities of rome even by the law it self . insomuch that either of the religions could not properly be call'd by law establish't , whil'st our pastors and our fold were in a manner at the will of the soveraign , and there wanted but little more than the royal breath to drive us to the right or the left , the sheep or the goats . but all this is so prodigiously remote from the present state of england , and the religion now establisb't , that light and darkness can be scarce more dissonant . for besides the infinite disproportion of the popish numbers in queen mary's reign , to ours , enough of it self to silence all dispute ; a popish successours removal of the present protestant clergy , and the introduction of priests and jesuits in their room , as head of the church , is no more in his prerogative than the government of transylvania : the present bishops and clergy holding for life , and only to be displaced or silenced upon crimes or insufficiencies adjudged or condemned by the protestant censure and sentence . and all the popish clergy so incapable of their places , that they are aliens to the nation , under an attaint of treason upon the very assumption of their sacerdotal orders ; and so shut out from our church-ministry by parliamentary oaths , tests , and abjurations , that nothing but the most diabolical papal dispensation , and a conscience even brimstone proof could introduce them , were there really room for their admission . but alas ! considering in what equilibrium religion then hung , whatever concurrence the prince could then obtain from his people in parliament in favour of his own perswasion : the genius of england is now quite another thing . all our parliaments for almost a hundred years last past , have been so far from granting even the least concession to the crown in favour of popery , that on the contrary , all their study , votings , labours , and endeavours even to a nemine contradicen●e , have been levell'd at the very root of it ; so far from countenancing of it , that the very sound of it has made them fly out into the most rapid torrent of contradiction even beyond the duty of subjects , and instead of complimenting either pope or popery , they have tyed up their very hands even from the best of protestant crown'd heads , and in their highest extremities denyed them their most reasonable demands in the most pressing necessities of the crown , and all for the apprehension of popish designs , and for keeping the least string of their purses from popish fingers . i need not instance what load of miseries attended the late royal martyr from this fatal original . neither do i urge this in relation to those detestable regicides , the corrupted limbs of that exetrable senate , that under the vizor of religion , were plotting the most infernal of mischiefs ; and so from the false alarum of popery , denyed their soveraign all things only to make him nothing . no , as all men are not monsters , and even in that accursed parliament there were some honest men ; yet those very honest men , those that by the universal delusion were inchanted into false fears , and so design'd nothing but truly the prevention of popery , were yet under that terrour , so jealous of their prince , so deaf to his interest , and so inexorable even to his most crying wants , and all for battring these fancy'd ayry castles , that in the vehemence of their zeal they contributed to the very designs of his murderers ; and how ignorantly soever , heap'd together the very coals to the universal conflagration ; so far too , that they had only time to detect the infernal imposture , and deplore the dire effects of their miserable mistake too late . besides , to come a little nearer home , what dismal consequences were the late malignant conjunction of fears and iealousies in the same fiery trigon producing again ? what demi-gods and nation-saviours did the whole vox populi , nay , the very sensible men of the nation make of those very varlets , which now their opened eyes and waken'd senses ( i appeal to their own consciences ) tell them are those flagitious , unparallel'd villains , that would shame a gibbet . and yet the very loyallest of all our late members of parliament , for they were not all shaftsburys nor all sidneys ; neither such that were for associating to kill-kings , to keep out popes , nor answering of filmers out of buchanan's and miltons , nor seating the good old cause at the right hand of god. not those that made popery the pretence alone to manage their own hellish republick machinations . but only those that ( alas , and well a day ! ) had been beuk-blawd a little out of their right wits by the aforesaid nation-saviours , and so were for combating of popery , possibly for the real preservation of the king and kingdom . yet the very loyallest of these men , i say , were wrapt up to that height of perverseness , that to use the gentlest terms i can find , they thought they could never do little enough even for that very king attested by their own unanimous reiterated acknowledgments to be the very isthinus that kept popery from surrounding us ; and on whose only thread of life the whole fate of the protestant religion depended . i shall not trouble my self with the repeating the diversity of statutes recited in the character to instance the various bandying of the succession of the crown in henry the eighth's reign , designed there as an argument of justice for a parliamentary bill of exclusion against a popish heir . for whatever different settlements of the descent of the crown that king and his parliaments were pleased to make , occasioned by the intricacy of his daughter's titles , grounded upon that long controverted point , the divorce of queen katherine , the mother of queen mary ; and therefore not at all enacted as an exclusion , but a confirmation of the right heir . however , as far soever as a parlimentary power may pretend to extend in that case , all these statutes make nothing to the purpose for justification of an exclusion for matter of religion . for had those parliamentary proceedings been a warrant or precedent for any such exclusion , never was a more urgent necessity than in queen mary's reign , of laying hold of such a pretension . for considering the state of religion in her time , when looking back to the two last king's reigns , so formidable a progress had the protestant perswasion made , and the inclinations of the people lean'd so much towards the reformation , that the very change of the prince was enough to turn the whole ballance ; and therefore as all her popish measures were under a manifest prospect of being broken to pieces under a protestant successour , and that successour was notoriously foreseen in her sister elizabeth , so much that bishop gardiner ( speaking of her ) could say , that their burning of hereticks was only vainly cutting off the branches , whil'st the root was still alive . yet nevertheless it was so far from entring the breasts of a popish soveraign and a popish parliament to exclude a protestant heir , that dr. burnet in his abridgment of the reformation , book the d. page . says as follows . a bill was brought into parliament , confirming the letters patents which the queen had granted , or might grant . this related to the foundations of religious houses ; but only coxly opposed this , and insinuated , that perhaps the queen intended to dispose of the crown in prejudice of the right heir ; at which the house express'd so great a dislike , as shew'd they would not have it so much as imagined , that lady elizabeth could be excluded . he had a publick reprimand given him for insinuating a thing so much to the queen's dishonour . now notwithstanding here was a queen so zealous for popery , and a parliament so officiously forward in establishing of it , that they gave their queen possibly one of the most ample royalties that ever parliament lodged in the prerogative , viz. the confirming indefinitely all letters patents that the soveraign either had , or might grant ; yet still this very parliament utterly abhorred even the imagination of so infamous a projection as an exclusion bill : nor did the bigotted queen her self ever debase her self so low as to make use of this act of parliament , or any part of her prerogative for so dishonourable a purpose as the prejudice of her sister's succession . now to compare cases . if both a popish prince and a popish parliament detested the exclusion of a protestant successour , though in so threatning a juncture , and so truly an impending danger to their religion from that succession , and that too , when her parliaments had declared the divorce of queen katherine , queen mary's mother , unlawful ; and consequently might have foreclosed the right of elizabeth under the most specious pretext even of illegitimacy it self . on the contrary , why should a protestant monarch and a protestant parliament now strain honour and consciences beyond the very papists themselves , and exclude a royal heir upon presumption of being a papist , though with never so undoubted a right , and above all pretensions of scruple or dispute , and that under little , or indeed no danger to our religion at all , a religion not only so invincibly fortifyed with so many strong bulwarks of law , but likewise by that most impregnable of all bulwarks , defendit numerus junctaeque umbone phalanges . the almost totality of the nation ( comparatively speaking ) against so feeble and scattered a remnant of papists , and so universal an odium of popery . i shall not think it worth my while to make much reply to that part of the character that treats upon passive obedience , and so boldly justifies the taking up arms againg an oppressing monarch . 't is enough that great point of our christianity has been the subject of nobler pens , and therefore the discussing it is a province above me . i shall only give the reader this quaery . if the great lord of our salvation could enjoyn the turning of the other cheek even to injuries received from our equals ; i would fain know what part of christianity can allow resistance to god's annointed ? let it suffice , that all that part of the character was written by the direction of the right honourable the earl of shaftsbury , after an amendment made in the character by the advise of that loyal peer , bidding me speak more favourably of rebellion . thus have you heard , not only all that the popish character , but likewise the popular fears have urged for the pretended danger of popery and arbitrary-power . and i doubt not but all understanding and unbyassed readers will be fully satisfyed of the unreasonableness of that epidemical jealousie that has so long infected the head and brains of the short-sighted populate through those scare-crows . i shall only now give the reader his last farewell of the popish character in the concluding paragraph of that pamphlet . after that whole libel by a tautological sort of rhetorick , a great many accumulated words , but especially gay allegories , has over and over again drawn a popish successour only in so many several disguises ; as one while making him a nero with his harp , and then his three kingdoms are in one general conflagration : another time an alexander in his cups , and then every honest protestant clytus that doth but thwart his drunken frenzy , is immediately his frenzy's sacrifice . another while he 's in the prophet elisha's dream , and then the poor protestants are the very birds and four legged beasts that bo● at his mouth , with this label over their heads , rise , slay , and eat . in another place , instead of pater patriae , he 's nothing but a downright lupus agri , and then we are only sheep and lambs . cum multis aliis , &c. in short , having danced him through all the elements , and transformed him into more several bestial shapes than ever jupiter whored in ; after the character has all the way brought us to universal and inevitable destruction , and enslaved both vs and our posterity , till the admission of a popish successour at last is no less than a plot of god himself to scourge a nation , and make three kingdoms miserable , a design form'd by the irresistable decree of heaven , either for our sins , or what cause , to its self best known , to lay a groaning country in ruine , &c. after all this , no sooner is this ruinous doom pronounced , but the character immediately proceeds in haec verba . upon the supposition of a popish heir we must not conclude , that 't is only the poor distressed protestants that shall feel the smart , and stand the mark of slavery and martyrdom . a popish king has that pestilential influence , that he blasts even the very party he smiles upon , and entayls a curse upon his dearest darling favourites . as for instance , if after this king's reign , steps up a protestant prince ( for surely the whole royal blood must not all follow his apostacy , and degenerate in secula seculorum ) then what becomes of the popish interest in the next generation ; and all that flourishing party , whom either the witchcrafts of rome , or the contagion of regis ad exemplum has nurst up for ruine . 't is the greatest toyl of the next king's reign , to make those severer statutes for future ages , to suppress the insolencies and follyes of the past ; whil'st those very idols that were saints but yesterday , are now crush't and dash't to pieces . now in the name of blunder egregious , here 's richard and baxter to the highest of perfection . for here 's the whole fo●egoing design of the character quash't at this one last blow . for if really all the popish and arbitrary movements and acquisitions of a romish prince ( as the character it self affirms , which indeed by chance is the very oracle of the pamphlet ) will be totally crusht and destroyed under the next protestant soveraign : and all his popish tools and partizans , nay , the whole romish cause it self given up to the protestant justice and revenge , that shall crush them to pieces ; so that in perfect contradiction , instead of inextricable slavery universal , protestant ruine , and a total extirpation of heresy , prognosticated all along in the character ; here 's at most but a temporary flourishing of popery , and so far from a real protestant suppression , either by persecution or massacres , or the devil knows what , that we shall be strong enough to rise up under the next protestant heir , and to pluck up and demolish even root and foundation all the preceding batteries and machinations against our religion and liberties , whil'st the true ruine lies in fine , not on the protestant , but popish side . if so , i say , as the character has unluckily started this undeniable truth , certainly we lye under no danger of a popish successours ever attempting that irregular popish atchievement , and setting up that short-liv'd arbitrary popish dagon , which , as has been proved before , and is even confest here , will be of so calamitous a consequence to the interest and safety even of his whole party and religion . you see , reader , what incoherence , absurdities , contradictions , and indeed impossibilities the popish character is fraught with , and what notorious stuff that is that revenge and malice obtrudes upon mankind , where popery is the theme . but truely 't is to be consider'd , that that pamphlet was written and publish't , not for the instruction of the seven wise men , but of the seven thousand ill-natured knaves , and the seventy thousand credulous , unreasoning fools of that age , ( the representative patron , to whom that libel was dedicated , not excepted from the number ) that would have swallow'd every syllable of it , had it been ten times more lewdly ridiculous than ' t was . now , as not only the character , but the unpondered and groundless apprehensions of men , have so dreadfully predicted such a terrible bloody revolution under a popish successour , without one jota of proving or examining how that wondrous change is possible to come to pass ; that the reader may not be surprized at that weak sort of arguing in the one , and that headlong credulity in the other , 't is remarkable , that not one pen that ever wrote upon popery and arbitrary-power , ever scribbled otherwise . for as the how and which way they can be introduced into england , are not in posse , those essential circumstances are always slubber'd over , and nothing but a huddle and jingle of general notions of fire and faggot assassinations and massacres , popes and devils , &c. and a declamatory discant upon those tragical heads , are ever the whole contents of the chapter ; and whil'st the peoples fears are set a tingling by this sort of din and gibberish , they are babled out of their senses , and transported into frenzy it self without looking farther , or searching deeper for the grounds of their fears . for example , let us trace up the first alarum of popery and arbitrary-power even to the fountain head. in all the venemous libels in the late blest martyr's reign ( for there were popish character writers in those days too , though in other names ) in all the licentiousness of that villanous age , and the highest encouragement of rebellious senates , there were neither those pens nor tongues within the parliament house , or without it , that could ever go further than to a bare general 〈…〉 and outcry of popery and arbitrary power ; for in all the hideous roarings against popish 〈…〉 ( as 't is not the councellers , but the councel put in execution that can hurt us ) was there 〈◊〉 man of them all that did , or indeed , pretended to particularize those popish counsels , or form the least draught of any dangerous popish machinations whatever under the least probability of shaking our laws , liberties , or religion . 't is true , there were strange and wondrous popish incendiaries represented at work , but about doing of what , the devil a word they inform us . not all the republick rhetorick , nor all the eloquence even of counterfeit fears and jealousies could lay down one tolerable demonstration of the fatal compositions of those popish fireballs those incendiaries were to use , or the conbustableness of what they were to set on fire . nay , those very devils that had impudence enough , not only to murder the best of kings , but to bring him to a scaffold ; with a solemn pageantry of iustice , were nevertheless so far from the confidence of pretending the popish strength or numbers in england to have the least shadow of ability to erect their romish altars , and subvert the protestant religion ; that to carry on the popular fears by that forged sham of popery , and give body and bulk to the gorgon , they were forced to help out one damn'd imposture by a greater , and bring in the very church of england for popish and antichristian to joyn in the plot. nor were our later true protestant rome-dreaders much short of the same artifice , to crutch up the same cripple . nay , for want of any substantial pretext of the introduction of any of the real fundamental superstitions of rome , they were put to the wretched shift of making the harmless book of sports , licensed by bishop laud , and an after-service game at coyts or stool-ball , no less than all over rome and antichrist ; yes , and to push the jest a little farther , the old kings tolerating half a score of priests ( in indulgence to his queen ) to wear the habit of their order , though in reality an object more for the hooting of boys , than the converting of men , was screwed up to no less than a plot upon the whole reformation . now , as the characterizing of such a tyrannick popish successour in england , is but mounting that chimerical jehu in the chariot where neither his wheels can move him , nor the ground will bear him ; and all the pretensions of fears from popery are only suppositions and delusive ; nay , and considering that those most violent asserters of romish dangers in that very age , when they had this advantage to help out , viz. to alledge the old king was a papist in disguise ; by which villanous supposition they had ten times a fairer field for the pretended introduction of popery than can be under a visible popish prince ; could nevertheless urge so little to the purpose , and so weakly support the cause of such fears : the contradictions , noyse , rumble and nonsense in the character on the worse side of the hedge , are a little more excusable . having ( i may with confidence say ) fully answered and confuted all appearances or suppositions of danger from a popish successour ; yet as the minds of some people are so strangely possest and infatuated with those brainsick fancies , and visionary specters of popery and slavery , that scarce the most apparent truth , the most substantial reason , not oracles , nay , not angels from heaven could cure or dispel . i shall therefore go one step further , and to dissipate all storms or clouds whatever from romewards impending , plainly and absolutely convince them , that whatever scruples may yet remain unsatisfyed ; at this present day there is not the least prospect or idea of any such threatning successour in the present royal line of england . for though that illustrious prince , whom the malice of antimonarchal and associating traytors , and the insolence of a pack of seditious and confederate commons , like the old sons of earth , have levell'd their spightful , though feeble vengeance at ; though that great injur'd prince , i say , through the false mirrour of those anarchical boutefeus has been villaniously rendred almost the only object of the greatest part of the popular jealousies , as the intended vnderminer of our laws , religion and liberties ; i shall unanswerably demonstrate the utter impossibility of that glorious prince's ever being that man , or debasing himself so much , as to entertain the least thought that way , be his religion what ever it will. for supposing he were really a convert to the romish perswasion , what pillar is that prince likely to make to the romish cause ? for if he be that convert , either the pope believes a popish heir of england capable of setting up the romish religion , or not capable of doing it . if capable , as that 's the present point ; then undoubtedly ( which is but a reasonable conclusion ) he has left no pains nor industry unmanaged to advance or advantage the popish interest by such a convert as an heir of the english crown . and if so , the only policy , or indeed the only possible means of favouring the least romish hopes whatever , had been to have used the utmost papal authority for enjoyning and perswading him , not only to have kept himself wholly undiscoverd , but likewise wholly unsuspected to the kingdom by any abscenting from our communion , or any other imaginary symtome of such a conversion . for as all the greatest of inconveniencies and misfortunes have attended the whole popish party upon the meer supposition of such a conversion ; and that only founded on the foremention'd occasion of suspition . witness the removing all papists whatever from all offices of trust in the whole kingdom , from all seats , either in state administration or parliaments by the present protestant test , wholly created upon that suspition ; by force of which there is not the least admission of a papist into any place of power in the government , except by taking of the protestant sacrament , and entring into a solemn oath against the popish religion , and subscribing to a recorded abjuration , even of the greatest and most essential articles of their faith as superstitious and idolatrous ; and so by the most impudent premeditated perjury , and setting the notorious brand upon themselves of that sordid and scandalous renuntiation of their very religion , which the poorest soul'd pagan that ever worship't but garlick and onions would blush at . besides all this weeding out of the popish party from all authority and power , being no small blow to their interest under so weak a number of that perswasion in england . there is not any one calamity that for these seven last years has befall'n the whole popish party , that is not truly owing almost wholly to this suspition . and therefore as all the ill consequences ( or worse ) attending them , are really no more than the pope and all his counsellors could in common reason expect from a nation so extravagantly jealous of popery ? whil'st woful experience might have remembranced him bow dangerous and destructive even a less shadow of popish inclinations had been ; nothing was more indispensable ( i mean for the popish interest ) in a popish heir , than all means of avoiding such suspition ; nay , possibly even for his own secure access to the throne . 't is true , some ridiculous people have foolishly objected , that the deserting of our communion was for the advantage of their cause ; it being as it were setting up the standard of popery to call all hearts and hands together ; whereas otherwise the romanists had been kept in ignorance of the champion god had raised for their deliverance ; and thereby might have neglected the glorious opportunity that offered it self . — now in the name of dulness , if any such deliverance were imaginable , or any succour to the romish cause whatever , either sooner or later could be expected from such a convert ; or lastly , if the conscience or unsullyed glory of that heroick prince were possible to be wrought upon to stoop to so ignoble a design , as any unwarrantable popish assistance ; why must the papists be kept in ignorance of his being one of them , if he were so ; without some kind of publick declaration : when 't is notoriously known to all the sensible part of mankind , what advantages of intelligence and correspondence the papists have above all religions in the world ; when their jesuites are by the very duty of their order , the greatest spyes upon christendom , whil'st the privatest affairs and secrets of families , courts and kingdoms through all europe , from hand to hand , and from superiour to superiour of them , are convey'd to the pope himself . so that take the whole matter together with this advantage of communication even under confession it self on the one side , and the foremention'd dangers from a national jealousie on the other , as i said before ; whatever discovery might have been requisite to their own party , the highest policy of rome had been to have concealed the very suspition of it from the protestants ; more especially , if they had had any such thing as a king-killing plot in hand , or the least part of the salamanca conspiracy upon the anvil . for then they might have made use of ruffians , or screw'd gunners , and as dugdale swears , have laid the king's murder upon the presbyterians , or any other of the scatter'd churches with ten times more ease ; and have hastened the mounting a popish successour with more facility into the royal seat. and therefore as nothing can be a plainer or greater ob●tacle to all popish designs whatever than this conduct in the present heir of england , if he be a romanist , and they had an expectation of any considerable advantage to their religion from his being one : undoubtedly there has been no oratory wanting to induce him to so necessary and so venial a disguise , as being the most important prop of their cause . but maugre all the necessity of such a compliance , and all the romish interest depending thereupon , notwithstanding the papal power of a dispensation in that case , and all the arts that may have been used to that purpose ; nothing is more visible than his indisposition and aversion to so dishonourable a condiscension as playing the hypocrite , how dispensable soever in that church , or how advantagious soever to his own circumstances . now i appeal to all mankind what least apparition of popish danger , or what humane possibility of that very princes ever being that so much dreaded romish instrument for arbitrary popish tyranny , through the most execrable violation of the most sacred royal trust , the most flagitious of perjury in the breach of a solemn coronation oath , to trample our laws , religions , and liberties to pieces ; that has already proved himself so incapable of dispensing but with one poor piece of hypocrisy , though against the highest interest of rome , though to the wakening of all the sleeping statutes against recusancy , tho to the raysing of tests , oaths , and sacraments ; and thereby not only excluding the sons of rome from all honours , trusts , and employments , but likewise exposing them to the dayly severities and persecution of the laws , nay , and very near to the shaking of his own hereditary succession to an imperial crown . now ( i say ) if this very prince ( upon presumption of that church ) be nevertheless a person of those rigid principles of honour and conscience , that he durst not so much as digest so inconsiderable a piece of dissimulation , though for the highest and most important service to himself and his whole church ; how much less shall he ever condiscend to the ignominious and indelible brand of downright perjur'd , and launch into all the barbarities and outrages of tyrant and murderer , and all this too , as has been plainly proved before ) with very little , or none ; at least , no reasonable hopes of doing himself or his church any service at all . besides , as t is utterly impossible either for pope or papists , even with the most romantick assurance and confidence of success ever to hope for a national conversion , or a romish establishment in one age ; insomuch that 't is not a single popish successour , but a line of popish successours that can be so much as suppos'd capable of going through with so difficult an vndertaking ; what least shadow of any such intention can we imagine from this royal heir , when he has not only bred up his next immediate heirs , his children in the protestant religion , but likewise lodg'd them in the bosomes of those very protestant princes , as far from the least inclination towards rome , or a look that way , as the whole choice of christendom could have pickt out . so that upon the issue of the whole matter , how contrary to common sense is it , to think that very prince either is , or can be so stupidly infatuated as ever to embark in so hazardous an atchievement , which ( were he crown'd to morrow ) with his years upon his back , he begins but with the latter part of a life , and which the length of a queen elizabeth's reign could never finish . and all this so preposterously too , as to be for building that romish interest with one hand , which he has so palpably destroy'd with the other . considering then , ( as has been fully proved before ) that popery in the present state of england , is something like the vulgar tradition of the basilisk , it must either look vs safely dead , or we shall look that so ; for there 's no medium in the case , between conquering or dying : who in his right wits can imagine this prince will ever begin what he himself before hand has taken care shall never be finish't . and if not finish't , will be but put into a ten times worse condition than if never begun . and therefore not only his meer pride will be our security , it being impossible that any thing that has one spark of glory will ever ingage in a cause under such certainty of a defeat : but likewise supposing even the utmost suggestions true ; under such an impossibility of crowning the work , the greater the zeal , the more inoffensive the zealot : since all irregular exorbitant ferments of popery will but hatch scorpions and warm stings for its own destruction : the greater the tenderness for his own party and religion , the greater the security of ours . moreover the character positively lays down this maxime . that the papists doom all out of their own church to certain damnation : and on that foundation all their bloody principles are built , as thinking no cruelty too severe , nor any tyranny too sanguinary ; but on the contrary , the most barbarous gospel propagation the greatest obligation of their religion . and therefore it tells you , a popish successour will never believe he can do his subjects an injustice in that very thing in which he doth god service , or that he injures vs when he does our souls right . and that therefore all the threatned miseries , horrours and desol●●●o●s , &c. from the beginning to the end of the whole character , flow from no other source . now if this be truly the tenet of a romanist , and all our horrible dangers proceed from that tenet , either our present royal heir must be no romanist at all ; or if he be one , however he absolutely dissents from rome in ●a● particular main principle . for if such were his faith , and such his principles , why has he so wilfully and so egregiously contributed to his own children's damnation , not only in their severest protestant education , but likewise in that additional strengthening that damnable perswasion by such fatal marriages , whereby he has not only endanger'd their living and dying in that erronious faith , but likewise secured the interest and establishment of that protestant religion in likelihood by them and their heirs to the end of the world ; and consequently contributed to the damnation of succeeding heretical generations in secula seculorum . i have only one thing more to add for the safety of our religion . there is not in the world that prince in his nature more grateful for services and obligations received , or a firmer and more unalterable friend than himself ▪ and as the church , and only the church of england has truly and vigorously asserted the iustice and duty of maintaining his unforfeitable succession and inviolable birthright , and has stood alone in the gap against all the whole crowd of his enemys ; we may confidently assure ourselves , that if ever 't is heaven's pleasure he should be our soveraign , that all such kind and signally good offices will never be ungratefully requited by the most generous of mankind . i shall only conclude ; under this manifest security of our religion and government on all hands , they that shall have impudence enough ( no person nor quality , in any station whatever excepted ) to persecute that prince under the pretence of fear , are undoubtedly planting the same batteries against three kingdoms that were rais'd in his royal father's reign ; and a bill of exclusion must truly carry the design of all the old remonstrances , ordinances , covenants , &c. with the soul of a cook , a bradshaw , and a cromwel at the bottom on 't : and all the senate-house church-proppers under that vizor , are only establishing religion with the same brand in their hearts that cain built citys . and i doubt not but the wisdom and loyalty of succeeding times will regain sense enough to countermine all such villany , and redeem the yet unrecovered honour of england by shaming such a second imposture from the world. and now to draw to a period , i have only this warning to give to the great sticklers against popery and arbitrary power , to have a care that they themselves do not bring in what they so zealously endeavour to keep out . for if popery and arbitrary power shall ever get footing in england by a popish successour , it can only be then , when by vnlawful exclusions , and rebellious associations against him , they shall put him upon cutting his way to his throne by his sword , and consequently give him the occasion , both by forreign and domestick assistance , of gaining that right by conquest which is denyed him to assume in peace ; and thereby enable him by the power and right of a conquerour , to abolish what laws , and establish what government he pleases , without either straining his honour or prerogative . and so shall the irregular designs of defending our religion and liberties 〈…〉 of destroying them . and that this will be the undoubted success of such unlawful and trayterous opposition of the royal heir , let all such turbulent spirits ( for their comfort ) consider that the world is much mended of late , and whatever prosperity attended their victorious father's rebellious arms , the old cheat will not pass altogether so glibly a second time ; and the deposing of monarchs will be , in all reasonable prospect , a tougher piece of work in this age than the last . for men's eyes and understandings begin to be more enlightned , and the odds ( thanks be to heaven ) is on the loyal side . however as a caution to those unwary people that may be seduced by the false suggestions of republican conspirators under the plausible pretence of liberty and religion , to ingage in so impious a cause . besides the breach of their christianity and hazard of their souls in so wicked an undertaking ; they are link't into that very rebellion in which they are certain of making themselves miserable , not only if they are subdued , but likewise if they conquer too . for as i said before , there 's not only a certain slavery attends their defeat , the impudence of such flagitious treason being it self alone a sufficient provocation of tyranny , enough to exasperate even the sorenest and best temper'd princes into a spirit of cruelty , and consequently , to make him impose that yoke upon their rebellious necks which they have but too justly deserved ; and so put him upon acting what otherwise had never entred so much as into his soul to think : so on the other side , supposing their strength and fortune would prove so great and successful as should answer their most flattering hopes , and that it would be possible for them to gain that absolute triumph o're the royal cause , as to reach , not only the crown , but also the head that wears it : yet all this while what have they done , but through all the gaping wounds of their poor bleeding country , through all the horrour and miseries of a barbarous civil war , deposed and butcher'd one imaginary tyrant to set up possibly five hundred real ones . for as all victorious rebellion ends in anarchy and confusion , and all the conquests , acquisitions , and trophies devolve into the possession of the greatest ringleaders of the conspiracy , whil'st the popular hands , the working tools that set them up , have little or no share in the booty . what have the deluded wretches gain'd by the change , but only avoided a lesser scylla , to run into a greater charybdis , enslaved themselves and their posterity to a herd of tyrants , to escape a single one . a worse subjection than that they fear'd and fought against . a republican tyranny being so much more intolerable than a monarchical one can be , as this has but the ambition of one man to satisfie , and the other of hundreds , whil'st the particular pride and avarice of each respective dignifyed rebel in power , has so many seperate sinister interests and appetites to gratifie , and thereby our estates and patrimonys continually to be squeez'd and drein'd not only for the chargeable support of standing armies that must uphold this anarchical constitution , but likewise be exposed to the insatiate gorge of every state-cormorant amongst them . a tyranny so much more unsupportable than that of a crown'd head , as there are so many of them to conspire and abet all the the greatest of insolences and injustice , and so many to divide the shame of it . a tyranny yet so much more execrable still as every low-born villain amongst them dare stoop to all those dishonourable , abject , and sordid deeds , that imperial blood and royal heirs would staggar at . finis . a declaration of the people of england for a free-parliament this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing d thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) a declaration of the people of england for a free-parliament goodman, michaell, fl. . sheet ([ ] p.) s.n., [london : ] signed at end: michaell goodman [and others]. place of publication from wing; publication date from thomason. annotation on thomason copy: "jan: . ". reproduction of the original in the british library. eng england and wales. -- parliament -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no a declaration of the people of england for a free-parliament. goodman, michaell a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion a declaration of the people of england for a free-parliament . whereas by a wonderfull revolution of the divine providence , those members of the long parliament which were strangely brought in by the army ( may the th . . ) and as strangely outed by them ( october the th . . ) are now strangely returned to sit in the house , as before , we judge it our concernment to call to mind the act by them made and published , immediately before their forcible interruption , intituled , an act against raising of money upon the people without their consent in parliament : which act of theirs proceeds in these words ; and be it further enacted , that no person or persons shall after the . of october . assess , levy , collect , gather or receive , any custome , imposts , excise , assesment , contribution , tax , tallage , or any sum or sums of money , or other impositions whatsoever , upon the people of this common-wealth , without their consent in parliament , or as by law might have been done before the d. of november , . and be it further enacted and declared , that every person offending against this act shall be , and is hereby adjudged to be guilty of high treason , and shall forfeit and suffer as in case of high treason . hereupon we judg'd it meet and equitable to make this following declaration . we do therefore declare that we do freely , cordially and unanimously assent to the equity of this act , as consonant to the fundamental laws of our nation , the benefit whereof we doubt not but we may justly claim , as our birth-priviledg in all such cases & concernments . and accordingly we do hereby declare that we are ready and willing , as soon as an opportunity is given us , to make choice of such persons as may declare our consent in parliament , for the raising of such sums of money , as by them shall be thought necessary to defray the publick charges , and manage the publick concerns of the nation , seeing most of those persons that were formerly chosen by us for this purpose , are either taken away by death or by seclusion debarr'd from sitting in the house . and we do hereby further declare that we neither do nor shall ever give our consent , that any assesment should be made , or imposition lay'd upon us by any person or persons whatsoever , untill our consent be so declared by persons thus chosen and intrusted by us for this end and purpose . and therefore if any person or persons whatsoever shall contrary to the foremention'd act , and the fundamental lawes of this nation , lay any assesment or imposition upon us before our consent is thus declared , under what pretence or colour soever of authority or necessity it shall be done , we do hereby declare to the vvorld , that we are under manifest constraint and force , and our goods and estates are violently extorted from us , contrary to law and justice , which injuries we shall no longer bear then an opportunity shall be offered us to right our selves , and repossess those priviledges that pertain to us by the laws of our nation . and hereunto so universall and unanimous is our concurrence , that it would be endlesse for us to subscribe our names ( which neither this nor many such papers could contain ) but yet if any doubt or mistrust of the truth of the matter hereby declared should be conceived or pretended by any , and the members of parliament now sitting ( whom we conceive it does in a speciall manner concern ) shall desire a visible testimony hereunto , for their further satisfaction and more full assurance of the truth and reality hereof , we shall be ready upon the least intimation thereof by them given us , in the severall cities and counties of the land , to own and subscribe to what is hereby declared , and act accordingly . for some proof of the premises , we citizens of london , capable of the choice of knights and burgesses to serve in parliament , have to this present declaration subscribed our hands ; and so much the rather that we might hereby take occasion to signify to the whole nation our cordiall concurrence with our common council , in what was done by that honourable court in the behalf of us all , in their declaration ( of . of decemb. ) for a free-parliament . michaell goodman . richard tivell . andrew reeyve . richard turner . ruben rierast . joseph robison . thomas farrest . james jeason . robert peirce . philip shipton . william puppey . henry rumball . william compton . joseph bartocke . james dortie . thomas pardow . edward mocholson . timothy smart . andrew estwood . john campion . hugh griffin . george elsmore . james smith . thomas gray . edward tenth . william hall . thomas massie . will. manwaring . william caxton . william powell . robert tinbes . richard haile . john raton . john sharp . samuel chrimes . michalas bosworth . peter turner . william sampson . henry maidman . john honyborne . william arme . &c. william leeke . anthony hancock . robert thompson . samuell shelmele . thomas slufe . william browne . iames hincks . iames rainer . william taylor . george iellie . iohn hartly . iames haddocke . william bare . richard harrison . samuell bagnall . william weaver . thomas ward . thomas blith . richard harefirth . iohn barker . iohn philips . iohn child . thomas whiting . iohn wright . robert hall . randle hare . richard rogerson . william legger . thomas hopkin . francis beake . richard barefoote . thomas reade . william baker . nath. whitting . henry wirsle . vvilliam lounlee . thomas gostlin . john towes . ioseph surbut . ju . zacharias taylor . george ayrage . &c. iames orbel . iohn haskins . barthol . hew . george andrews . iohn beck . charles browne . iohn belling . richard bullar . humphrey stocks isaac castillion . adam sheldrake . christophor bayles . francis baker . richard pearce . henry sykes . iohn sudlowe . benony wallington . samuell small . nathaniel ball . roger lee . george holford . francis eades . ioseph barlser . edmund lawrance . vvilliam best . iohn cutler . edmund best . nath. rickets . thomas mackham . vvilliam hopkins . richard lowrents . thomas vvebbing . iohn audland . iohn stone . robert ferbie . vvilliam glover . nicolas minet . samuell bolton . robert daunce . richard audsley . iohn iacsone . &c. morgan floyd . henry . mardsley . benj. scut . mawrice wade . francis homes . edward bushell . thomas vnet. lancelet bostock . william weaver . gilbet low . thomas gloves . tobias hodges . thomas philips . humphery starkey . william macock . william bankes . william rowsby . felix banister . thomas timme . william eilsly . theophilus lyde . thomas leigh . james coli . robert johnson . james lever . roger fleming . thomas kinsman . james potter . robert woodward . john jones . william cole . thomas ballard . john brewer . walter verrnon . james riggby . thomas foxcroft . prosper wickdab . charles owen . gyles lickes . iames marshall . edward probee . &c. george pawlet . thomas bower . leonard appleby . william beedam . james . freeman . iohn gates . evan. wilkinson . len. waggstafe . roger corles . iames corton . robert paston . william spicer . thomas langstone . humphry blake . iames robinson . anthony bogan . george allenson . alexander lever . humphry ley. francis roberts . iohn slatter . edmund . carew . thomas simpson . giles parsons . philip evans . thomas nut. abraham pollar . iames pearcifull . adam tame . david parkinson . lawson biggs . william rosse . george winstaule . iohn lawrance . iohn siam . edmund skinner . joshua tillitson . nicolas cox. john middleton . oliver hyde . daniel cooper . &c. thomas clark . robert hall . iohn burd . thomas andrewes . theophilus stanoup . henry hanges . robert nevell . albion mollenshed . george farr . henry barram . vvilliam iles. hugh worts . jefery fips . robert porter . gilbert jones . iasper ives . iob beamount . thomas harrison . fran. morewood . robert dalby . ienkin price . henry beare . george cobden . iames austin . edw. fothingham . richard floyd . robert beversham . richard potters . george pilme . edward gregsone . thomas preston . iohn clapham . vvilliam robinson . rouland turner . ralphe vvallice . iohn evered . richard lillie . thomas fowler . william iohnson . iohn mason . will. linton . &c. richard garford . hamun tivill . sam. starling , ju . thomas jones . iohn gray . iohn milborne . john johnson . vvilliam grammer . abraham parrat . iohn ienet . ia. nuthat . zacharie shortred . natth. duchfreld . iohn combar . robert miles . iohn nocees . iohn smith . mr. clayton . iohn browne . iames holmes . rich. vvicksteed . thomas wade . nath. dumbavin . edward parsons . hugh noden . abrah . mansfield . thomas smith . ia. fisher . charles bostocke . francis rusell . iohn cunliffe . richard springold . william hare . richard smith . iohn bennet . robert iarvis. theophi . rouston . thomas giles . tho. vnderhill . &c. why not eight queries, made to the parliament from the people of england, in . freize, james. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing f g thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) why not eight queries, made to the parliament from the people of england, in . freize, james. sheet ([ ] p.) s.n., [london : ] anonymous. by james freize. imprint from wing. annotation on thomason copy: "august .". reproduction of the original in the british library. eng great britain -- history -- commonwealth and protectorate, - -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no why not: eight queries, made to the parliament from the people of england, in . freize, james. c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion why not eight queries , made to the parliament , from the people of england , in . whether this nation shall be a free people , according to magna charta , ( now regained with such a vast expence of treasure , and effusion of blood ) and according to our trust reposed in you , and your solemn deep ingagements , vows , and promises , made to us , to make us a free people ? and why not yet performed by you , according to your promise made to us , since the kings death ? ii. whether you intend to pass the national act for liberty or not , and to take off all capias for arrests , that so we the people of england may be secured from trouble in our personal liberties , and thereby inabled freely to follow our callings and endevors for livelihood ? and why not , seeing it is our just birth-right ? iii. whether this nation shall still be inslaved in their estates , personal liberties , and lives , to the present corrupt , delatory , chargable practises of the law , and to the cruel , impious ( unparalel'd ) mercenary instruments of the same ( by whom thousands of this nation have been ruined and destroyed ) even by lawyers and gaolers ? and why so , seeing they are abominable and wicked ? iiii. whether you intend to prefer the impious flourishing state of an inconsiderable number of corrupt judges , and mercenary lawyers , and cruel murthering goalers ( enemies to englands liberties ) before the ●ust liberties , peace , and welfare of this great nation ? and why so ? seeing he that treadeth in their pathes , shall never have peace nor rest , isai. . , . v. whether justice shall be freely administred to all ( both rich and poor ) the oppressed relieved , with full satisfaction and reparation for their wrongs sustained , and the imprisoned set free , so , as their persons may not be still subject to imprisonment every two or three dayes , or as often as their malicious cruel adversaries shall think meet so to do ? and when , after eight yeers expectation ? contrary to isai. , . vi . whether the creditors , according to magna charta , shall be enabled to reap due and real satisfaction for their debts , out of the real and personal estates of all able debtors , in the two third parts thereof ( intailed lands also not exempted ) without any tedious jugling , chargeable delatory tricks in the law ? and why not , rather then lawyers and gaolers , to rob them , and the debtors ? vii . whether all persons by you intrusted with many millions of the national treasure , ( and by them perverted ) shall be called to a just and strict accompt for the same , whereby the souldiery may be duly satisfied , and this whole nation eased and acquitted from the unsupportable burdens of all the several great taxes , and daily plunders , wherein the souldiery is made to appear the actors , ( conceived to be done by the speaker and lawyers ) meerly to render the souldiers the more odious and detestable to this whole nation ( a subtle contrivance , to imbrue the nation again into a sea of blood ) through the daily increase of all the peoples heart-burnings against you , and the souldiers ? and why not , that so knaves may be known ? viii . whether you intend to abolish tithes , restore the rights of the poor , call a new representative , provided , that all mercenary lawyers be exempted from being any more elected or chosen to sit as members of the same ; the people also prevented from coming up to westminster for justice ; and the law practised in our english tongue , in some brief expedicious way , without any delatory cheats , fees , or bribes , ( as now used ) according to the command of god , the present practise of all other nations in the world , where more justice is to be had for eight pence , then here in our land for l . and why not unjust things abolished ? finally , our desires are , that because there is a far greater number of able , honest , consciencious , understanding men , in every of our cities , counties , hundreds , towns , and villages , that are able to judg and determine all controversies between a man and his neighbor , better then any of those instruments of contention , the lawyers , ( englands cankerworms ) whose nature and profession is to fish in troubled waters , and to make the wound of contention deeper and far larger , rather then to cure it , that therefore they may no ways be thought fit to decide any controversie in judgment , nor to sit in our national assemblies , but to be expunged and expelled the house of parliament , even as the bishops , lords , and judges were before them ? and why not the power of such serpents destroyed , and quite confounded , confounded ? why not ? amen . finis . notes, typically marginal, from the original text notes for div a e- isai. . , , , , , , , , , . poems on affairs of state from the time of oliver cromwell, to the abdication of k. james the second. written by the greatest wits of the age. viz. duke of buckingham, earl of rochester, lord bu-------st, sir john denham, andrew marvell, esq; mr. milton, mr. dryden, mr. sprat, mr. waller. mr. ayloffe, &c. with some miscellany poems by the same: most whereof never before printed. now carefully examined with the originals, and published without any castration. approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing p a estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) poems on affairs of state from the time of oliver cromwell, to the abdication of k. james the second. written by the greatest wits of the age. viz. duke of buckingham, earl of rochester, lord bu-------st, sir john denham, andrew marvell, esq; mr. milton, mr. dryden, mr. sprat, mr. waller. mr. ayloffe, &c. with some miscellany poems by the same: most whereof never before printed. now carefully examined with the originals, and published without any castration. buckingham, george villiers, duke of, - . [ ], , - , [ ] p. s.n.], [london : printed in the year . in verse. includes index. with a final page of advertisements. text and register are continuous despite pagination. reproduction of the original in the british library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng great britain -- politics and government -- poetry -- early works to . - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion poems on affairs of state : from the time of oliver cromwell , to the abdication of k. james the second . written by the greatest wits of the age. viz. duke of buckingham , earl of rochester , lord bu — st , sir john denham , andrew marvell , esq mr. milton , mr. dryden , mr. sprat , mr. waller . mr. ayloffe , &c. with some miscellany poems by the same : most whereof never before printed . now carefully examined with the originals , and published without any castration . printed in the year . the preface . the common aim of prefaces to prepossess the reader in favour of the book , is here wholly useless ; for what is now publish'd is none of the trifling performances of the age , that are yet to make their fortune , but a collection of those vaulable pieces , which several great men have produc'd , no less inspir'd by the injur'd genius of their country , than by the muses . they are of establish'd fame , and already receiv'd , and allow'd the best patriots , as well as poets . i am sensible , that should we consult our superficial hypocriticks , they would often be apt to arraign the numbers ; for there are a sort of men , who having little other merit , than a happy chime , would fain fix the excellence of poetry in the smoothness of the versification , allowing but little to the more essential qualities of a poet , great images , good sense , &c. nay they have so blind a passion for what they excell in , that they will exclude all variety of numbers from english poetry , when they allow none but iambics , which must by an identy of sound bring a very unpleasing satiety upon the reader . i must own that i am of opinion that a great many rough cadencies that are to be found in these poems , and in the admirable paradise lost , are so far from faults that they are beauties , and contribute by their variety to the prolonging the pleasure of the readers . but i have unawares faln into this digression , which requires more time and room than i have here to allow to set to it , in that just light it requires . i shall return to the following poems , writ by mr. milton , mr. marvell , &c. which will shew us , that there is no where a greater spirit of liberty to be found , than in those who are poets ; homer , aristophanes , and most of the inspired tribe have shewed it ; and catullus in the midst of caesar's triumphs attack'd the vices of that great man , and expos'd 'em to lessen that popularity and power he was gaining among the roman people , which he saw would be turn'd to the destruction of the liberty of rome . quis hoc potest videre , quis potest pati , &c. and pulchre convenit improbis cinaedis mamurrae , , pathicoque , caesarique . and again nil nimium studeo caesar tibi velle placere , &c. but it would be endless to quote all the liberties the poets have of old taken with ill men , whose power had aw'd others to a servile flattery ; the succeeding tyrants have not been able to suppress the numerous instances we have yet of it . we have therefore reason to hope that no englishman that is a true lover of his countries good and glory , can be displeased at the publishing a collection , the design of each of which was to remove those pernicious principles which lead us directly to slavery ; to promote a publick and generous spirit , which was then almost a shame to the possessor , if not a certain ruine . i believe were a man of equal ability and unbyass'd temper to make a just comparison , some of the following authors might claim perhaps an equal share with many of the most celebrated of the romans or greeks . i know in a nation so factious as this , where the preposterous principles of slavery are run into a point of conscience and honour , and yet hold abundance in unseasonable and monstrous divisions , it would be a task that must disoblige too many to undertake . but when all europe is engag'd to destroy that tyrannick power , the mismanagement of those times , and the selfish evil designs of a corrupt court had given rise to , it cannot be thought unseasonable to publish so just an account of the true sourse of all our present mischiefs ; which will be evidently found in the following poems , for from them we may collect a just and secret history of the former times . and looking backward with a wise affright , see seams of wounds dishonest to the sight . oh that we cou'd yet learn , under this auspicious government founded on liberty , the generous principles of the publick good ! sure th●s consort of divine amphions will charm the distracted pieces of the publick building into one noble and regular pile to be the wonder , as well as safeguard of europe . this being the aim of this present publication , it must be extremely approv'd by all true patriots , all lovers of the general good of mankind , and in that most certainly of their own particular . omnes profecto liberi libentius sumus , quam servimus . take off the gawdy veil of slavery , and she will appear so frightfull and deform'd that all would abhorr her : for all mankind naturally preferr liberty to slavery . 't is true some few of these poems were printed before in loose papers , but so mangled that the persons that wrote them would hardly have known , much less have owned them ; which put a person on examining them by the originals or best copies , and they are here published without any castration , with many curious miscellaneous poems of the same great men , which never before see the light. by mistake of the printer , the running titles of the sheet g , ( viz. ) from p. to are printed wrong ; and should have been printed , poems on state affairs , instead of state poems continued . the index . a panegyrick on oliver cromwell and his victories , by e. waller , esq page ●●ree poems on the death of the late protector oliver cromwell , viz. by mr. dryden , p. by mr. sprat , p. by mr. waller , called the storm , p. ●●rections to a painter , said to be written by sir john denham , but believed to be writ by mr. milton , p. 〈◊〉 the king by the same , p. ●●ntinuation of directions to a painter , by the same , p. 〈◊〉 the king , by the same , p. ●●rections to a painter , by the same , p. ●●rections to a painter , by the same , p. 〈◊〉 last instructions to a painter about the dutch wars , , by a. marvell , esq p. 〈◊〉 the king , by the same , p. 〈◊〉 loyal scot , or cleaveland's ghost , upon the death of captain douglas , burnt in his ship at chatham , by the same , p. ●●itannia and rawleigh , a dialogue , by a. marvell , esq. p. ●dvice to a painter , by a. marvell , esq. p. 〈◊〉 the king , by the same . p. ●ostradamus's prophesies , by a. marvell , esq ibid. ●●r edmundbury godfrey's ghost , p. 〈◊〉 historical poem , by a. marvell , esq. p. ●odge's vision from the monument , decemb. , by the same . p. 〈◊〉 dialogue between two horses , by the same , , p. 〈◊〉 the lord mayor and court of aldermen presenting the late king and duke of york each with a copy of their freedoms , , by the same , p. 〈◊〉 blood 's stealing the crown , by the same , p ●●rther instructions to a painter , , by the same , ibid. ●ceana and britannia , a dialogue , by the same , p. 〈◊〉 his excellent friend , mr. andrew marvell , p. 〈◊〉 epitaph on the lord fairfax , by the duke of buckingham , p. 〈◊〉 essay upon tho earl of shaftsbury's death , p. 〈◊〉 satyr in answer to a friend , p. 〈◊〉 character of the english in allusion to tacitus de vita agric. p. ●ollen with his flock of court misses , p. ●●r tho. armstrong's ghost , p. ●he royal game , or a princely new play found in a dream , , p. ●he dream of the cabal , a prophetick satyr , , p. ●n the three dukes killing the beadle on a sunday morning , feb. . , p. ●he history of insipids , a lampoon , , by the lord roch — r , p ●ochester's farewell to the court , , p. marvell's ghost , by mr. jo. ayloffe , p. ● the true englishman , , p. ● on the young statesmen , by j d — n , , p. ● portsmouth's looking-glass , by the lord roch — r , p. ● the impartial trimmer , , p. ● bajazet to gloriana , , p. ● on king charles , by the earl of rochester , for which we he was banish'd the court and turn'd mountebank , p. ● cato's answer to libanius when he advised him to go and consult th● oracle of jupiter hamon , translated out of the ninth book of lucan , p. ● the lord lucas's ghost , , p. ● an epitaph on algernoon sidney , p. ● the brazen head , p. ● the answer to it , ibi● upon the execrable murther of the right honourable arthur earl 〈◊〉 essex , p. ● an essay upon satyr , by j. d — n , esq p. upon an undeserving and ungratefull mistress , whom he could not hel● loving , p. the town life , p. ● a satyr on the modern translators , , p. ● the parliament-house to be lett , , p. ● advice to apollo , , ibid the duel of the crabs , by the lord b — st , occasion'd by sir r. h● his duel of the stags , p ● instructions to his mistress how to behave her self at supper with he● husband , , p. ● the sessions of the poets , to the tune of cook lawrel , p. ● desire , a pindarick , p. ● on the prince's going to england with an army to restrore the government , , p. ● on his royal highness's voyage beyond sea , march d. , p. ● the rabble , , p. ● a new song of the times , , p. ● the battle-royal : a dream , , p. ● an epitaph upon felron , who was hang'd in chains for murdering th● old duke of buckingham : written by the late duke of buckingham , p. ● an answer to mr waller's poem on oliver's death ; called the storm written by sir w — g — . p. ● clarindon's house-warming : printed formerly with the directions to 〈◊〉 painter . writ by an unknown hand . p. ● royal resolutions : by a. marvell , esq p. ● on the lord chancellour h — e's disgrace and banishment , by king charles ii. p. ● the parallel , . p. the perfect enjoyment , by the earl of rochester , p. ● a satyr against marriage , by the same , p. ● addenda . in opposition to mr. dryden's essay on satyr , . p. ● poems on state affairs . a panegyrick on o. cromwell , and his victories . by e. waller , esq. while with a strong , and yet a gentle hand , you bridle faction , and our hearts command ; protect us from our selves and from the foe ; make us unite , and make us conquer too . let partial spirits still aloud complain , think themselves injur'd that they cannot reign ; and own no liberty , but where they may , without controul upon their fellows prey . above the waves as neptune shew'd his face , to chide the winds , and save the trojan race : so has your highness ( rais'd above the rest ) storms of ambition tossing us represt . your drooping country , torn with civil hate , restor'd by you , is made a glorious state : the seat of empire , where the irish come , and the unwilling scot to fetch their doom . the sea 's our own , and now all nations greet with bending sails each vessel in our fleet. your pow'r resounds as far as wind can blow , or swelling sails upon the globe may go . heaven that has plac'd this island to give law , to balance europe and her state to awe ; in this conjunction does our britain smile , the greatest leader to the greatest isle . whether this portion of the world were rent by the wide ocean from the continent ; or thus created , it was sure design'd to be the sacred refuge of mankind . hither the opprest shall henceforth resort , justice to crave , and succour of your court , and shew , your highness ▪ not for ours alone , but for the world's protector shall be known . fame , swifter than your winged navy flies through every land that near the ocean lies ; sounding your name , and telling dreadfull news to all that piracy and rapine use : with such a chief the meanest nation blest , might hope to lift her head above the rest . what may be thought impossible to do for us , embraced by the sea and you ? lords , of the world 's great wast , the ocean , we whole forests send to reign upon the sea : and every coast may trouble and relieve , but none can visit us without your leave . angels and we know this prerogative , that none can at our happy state arrive ; while we descend at pleasure to invade the bad with vengeance , or the good to aid ; our little world , the image of the great , like that amidst the boundless ocean set , of her own growth has all that nature craves , and all that 's rare , as tribute from the waves . as egypt does not on the clouds rely : but to the nile owes more that to the sky ; so what our heaven , or what our earth denies , our ever constant friend , the sea supplies . the tast of hot arabia's spice we know , free from the scorching sun that makes it grow . without the worm in persian silks we shine , and without planting , drink of every vine . to dig for wealth we weary not our limbs ; gold , though the heaviest metal , hither swims . ours is the harvest where the indians mow ; we plough the deep , and reap what others sow ; things of the noblest kind our own soil breeds ; stout are our men , and warlike are our steeds ; rome , though her eagle through the world had flown , could never make this island all her own . here the third edward , and the black prince too ; france-conquering henry flourish'd , and now you. for whom we staid , as did the grecian state , till alexander came to urge their fate . when for more worlds that macedonian cry'd , he wist not thetis in her lap did hide another yet , a world reserv'd for you , to make more great than that he did subdue . he safely might old troops to battle lead against th'unwarlike persian , or the mede , whose hasty flight did from a bloodless field more spoil than honour to the victor yield . a race unconquer'd by their clime made bold , the calydonians arm'd with want and cold , have by a fate indulgent to your fame , been from all ages kept for you to tame : whom the old roman vvall so ill contin'd , vvith a new chain of garrisons you bind . here forein gold no more shall make them come , our english iron holds them fast at home . they that henceforth must be content to know no warmer region than their hills of snow , may blame the sun , but must extol your grace , vvhich in our senate hath allow'd them place . preferr'd by conquest , happily o'erthrown ; falling they rise , to be with us made one . so kind dictators made , when they came home , their vanquish'd foes free citizens of rome . like favour find the irish , with like fate advanc'd to be a portion of our state ; while by your valour , and your courteous mind , nations divided by the sea , are joyn'd . holland to gain your friendship , is content to be our o●t-gard on your continent . she from her fellow-provinces would go , rather than hazard to have you her foe . in our late fight , when cannons did diffuse preventing posts , the terrour of the news , our neighbour-provinces trembl'd at their roar , but our conjunction makes them tremble more . your never failing sword made war to cease , and now you heal us with the arts of peace ; our minds with bounty and with awe engage , unite affections , and restrain our rage . less pleasures take brave minds in battel wone , than in restoring such as are undone . tygers have courage , and the rugged bear , but man alone can whom he conquers spare : to pardon willing , and to punish loth , you strike with one hand , but you heal with both . lifting up all that prostrate lye , you grieve you cannot make the dead again to live . when fate or error had our age misled , and o're these nations such confusion spread , the only cure which could from heaven come down , was so much power and clemency in one ; one whose extraction is from an ancient line , gives hope again that well-born men may shine : the meanest in your nature , mild and good , the noble rest secured in your blood . oft have we wonder'd how you hid in peace a mind proportion'd to such things as these : how such a ruling spirit could restrain , and practise first o're your own self to reign . your private life did a just pattern give , how fathers , husbands , pious sons should live . born to command , your princely vertues slept , like humble david , whilst the flock he kept ; but when your troubled country call'd you forth , your flaming courage , and your matchless worth , dazling the eyes of all that did pretend to sow contention — gave a prosperous end ; still as you rise , the state 's exalted too , finds no distemper while it 's chang'd by you : chang'd like the world 's great scene , when without noise the rising sun night's vulgar lights destroys . had you some ages past this race of glory run , with amazement we should read your story . but living vertue all atchievements past , meets envy still to grapple with at last . this caesar found , and that ungratefull age with losing him , fell back to blood and rage . mistaken brutus thought to break their yoke , but cut the bond of union at that stroke . that sun once set , a thousand meaner stars gave a dim light to violence and wars . to such a tempest as now threatens all , did not your mighty arm prevent the fall . if rome's great senate could not wield the sword , which of the conquer'd world had made them lord , what hope had ours , while yet their power was new , to rule victorious armies , but by you ? you that had taught them to subdue their foes , could order teach , and all their hearts compose . to every duty could their minds engage , provoke their courage , and commend their rage . so when a lion shakes his dreadfull main , and angry grows , if he that first took pain , to tame his youth , approach the haughty beast , he bends to him but frights away the rest . as the vext world , to find repose at last , it self into augusta's arms did cast : so england now , does , with like toil opprest , her weary head upon your bosom rest then let the muses with such notes as these , instruct us what belongs unto our peace : your battles they hereafter shall indite , and draw the image of our mars in fight ; tell of towns storm'd , of armies over-run , and mighty kingdoms by your conduct won : how , while you thunder'd , clouds of dust did choak contending troops , and seas lay hid in smoak . illustrious arts high raptures do infuse , and every conquerour creates a muse. here in low strains your milder deeds we sing ; but there , my lord , we 'll bays & olives bring to crown your head while you in triumph ride o'er vanquish'd nations , and the sea beside : vvhile all your neighbour princes unto you , like joseph's sheaves , pay reverence , and bow . three poems on the death of the late protector , oliver cromwell . written by mr. john dryden , mr. sprat of oxford , and mr. edm. waller . heroick stanza's , on the late vsurper oliver cromwell : written after his funeral , by mr. dryden . i. and now 't is time ; for their officious haste , vvho would before have born him to the sky , like eager romans , e're all rites were past , did let too soon the sacred eagle fly . ii. though our best notes are treason to his fame , join'd with the loud applause of publick voice ; since heav'n , what praise we offer to his name , hath render'd too authentick by its choice . iii. though in his praise no arts can liberal be , since they whose muses have the highest flown , add not to his immortal memory , but do an act of friendship to their own . iv. yet 't is our duty , and our interest too , such monuments as we can build , to raise , lest all the world prevent what we should do , and claim a title in him by their praise . v. how shall i then begin , or where concude , to draw a fame so truly circular ? for in a round , what order can be shew'd , vvhere all the parts so equal perfect are ? vi. his grandure he deriv'd from heaven alone , for he was great e're fortune made him so ; and vvars like mists that rise against the sun , made him but greater seem , not greater grow . vii . no borrow'd bays his temples did adorn , but to our crown he did fresh jewels bring ; nor was his vertue poyson'd soon as born , vvith the too early thoughts of being king. viii . fortune ( that easie mistress to the young , but to her ancient servants coy and hard ) him , at that age , her favourites rank'd among , vvhen she her best lov'd pompey did discard . ix . he private , mark'd the faults of others sway , and set as sea-marks for himself to shun ; not like rash monarchs , who their youth betray , by acts their age too late would wish undone . x. and yet dominion was not his design , we owe that blessing not to him , but heaven , which to fair acts unsought rewards did join ; rewards that less to him , than us were given . xi . our former chief like sticklers of the war , first sought t' inflame the parties , then to poise : the quarrel lov'd , but did the cause abhor , and did not strike to hurt , but make a noise . xii . war , our consumption , was their gainfull trade ; he inward bled , whilst they prolong'd our pain ; he fought to hinder fighting , and assay'd to stanch the blood by breathing of the vein . xiii . swift and resistless through the land he past , like that bold greek , who did the east subdue , and made to battles such heroick hast , as if on wings of victory he flew . xiv . he fought secure of fortune as of fame , still by new maps the island might be shewn , of conquests which he strew'd where-e'er he came , thick as the galaxy with stars is sown . xv. his palms , though under weights they did not stand , still thriv'd , no winter could his laurels fade : heaven in his portraict shew'd a workman's hand , and drew it perfect , yet without a shade . xvi . peace was the price of all his toil and care , which war had banish'd , and did now restore : bolognia's walls thus mounted in the air , to seat themselves more surely than before . xvii . her safety rescued ireland , to him owes , and treacherous scotland to no int'rest true , yet bless'd that fate which did his arms dispose her land to civilize , as to subdue . xviii . nor was he like those stars which only shine , when to pale mariners , they storms portend ; he had his calmer influence , and his mein did love and majesty together blend . xix . 't is true his countenance did imprint an awe ; and naturally all souls to his did bow , as wands of divination downward draw , and point to beds where sov'raign gold doth grow . xx. when past all offerings to pheretrian iove , he mars depos'd , and arms to gowns made yield ; successfull councils did him soon approve , as fit for close intrigues as open field . xxi . to suppliant holland he vouchsaf'd a peace , our once bold rival in the british main , now tamely glad her unjust claim to cease , and buy our friendship with her idol , gain . xxii . fame of th' asserted sea through europe blown , made france and spain ambitious of his love ; each knew that side must conquer he would own ; and for him fiercely , as for empire strove . xxiii . no sooner was the french -man's cause embrac'd , than the light monsieur , the grave don outweigh'd ; his fortune turn'd the scale where it was cast , though indian mines were in the other laid . xxiv . when absent , yet we conquer'd in his right ; for though that some mean artists skill were shewn in mingling colours , or in placing light ; yet still the fair designment was his own . xxv . for from all tempers he could service draw ; the worth of each with its allay he knew ; and as the confident of nature saw how she complections did divide and brew . xxvi . or he their single vertues did survey , by intuition in his own large breast , where all the rich ideas of them lay , that were the rule and measure to the rest . xxvii . when such heroick vertue , heaven set out , the stars , like commons , sullenly obey ; because it drains them when it comes about , and therefore is a tax they seldom pay . xxviii . from this high spring our foreign conquests flow , which yet more glorious triumphs do portend ; since their commencement to his arms they owe , if springs as high as fountains may ascend . xxix . he made us free-men of the continent , whom nature did like captives treat before ; to nobler preys the english lion sent , and taught him first in belgian walks to roar . xxx . that old unquestion'd pirate of the land , proud rome , with dread the fate of dankirk heard ; and trembling wish'd behind more alps to stand , although an alexander were her guard. xxxi . by his command , we boldly cross'd the line , and bravely fought where southern stars arise , we trac'd the far-fetch'd gold unto the mine , and that which brib'd our fathers made our prize . xxxii . such was our prince , yet own'd a soul above the highest acts it could produce to shew : thus poor m●chanick arts in publick move ▪ whilst the deep secrets beyond practice go . xxxiii . nor dy'd he when his ebbing fame went less , but when fresh laurels courted him to live ; he seem'd but to prevent some new success , as if above what triumphs earth can give . xxxiv . his latest victories still thickest came , as near the center , motion doth increase ; till he press'd down by his own weighty name , did like the vestal , under spoils decease . xxxv . but first the ocean as a tribute sent . that gi●nt prince of all her wat'ry herd ; and th'●sle , when her protecting genius went , upon his obsequies loud sighs conferr'd . xxxvi . no civil broils have since his death arose , but faction now by habit does obey ; and wars have that respect for his repose , as winds for halcyons , when they breed at sea. xxxvii . his ashes in a peacefull urn shall rest , his name a great example stands to show , how strangely high endeavours may be blest , where piety and valour jointly go . to the reverend dr. wilkins , warden of wadham college in oxford . sir , seeing you are pleased to think fit that these papers should come into the publick , which were at first design'd to live only in a desk , or some private friends hands ; i humbly take the boldness to commit them to the security , which your name and protection will give them , with the most knowing part of the world. there are two things especially in which they stand in need of your defence : one is , that they fall so infinitely below the full and lofty genius of that excellent poet , who made this way of writing free of our nation : the other , that they are so little proportioned and equal to the renown of that prince , on whom they were written . such great actions and lives , deserving rather to be the subjects of the noblest pens and divine fancies , than of such small beginners and weak essayers in poetry as my self . against these dangerous prejudices , there remains no other shield , than the universal esteem and authority which your iudgment and approbation carries with it . the right you have to them , sir , is not only on the account of the relation you had to this great person , nor of the general favour which all arts receive from you ; but more particularly by reason of that obligation and zeal , with which i am bound to dedicate my self to your service : for having been a long time the object of you care and indulgence towards the advantage of my studies and fortune , having been moulded ( as it were ) by your own hands , and formed under your government ; not to intitle you to any thing which my meanness produces , would not only be injustice , but sacrilege : so that if there be any thing here tolerably said , which deserves pardon , it is yours sir , as well as he , who is your most devoted , and obliged servant . to the happy memory of the late usurper , oliver cromwell . by mr. sprat of oxon , pindarick odes . i. t is true , great name , thou art secure from the forgetfulness and rage of death , or envy , or devouring age ; thou canst the force and teeth of time endure : thy fame , like men , the elder it doth grow , will of its self turn whiter too , without what needless art can do ; will live beyond thy breath , beyond thy hearse , though it were never heard or sung in verse . without our help , thy memory is safe ; they only want an epitaph , that do remain alone alive in an inscription , remembred only on the brass , or marble-stone . 't is all in vain what we can do : all our roses and perfumes , will but officious folly shew , and pious nothings , to such mighty tombs . all our incense , gums , and balm , are but unnecessary duties here : the poets may their spices spare , their costly numbers , and their tunefull feet : that need not be imbalm'd , which of it self is sweet . ii. we know to praise thee is a dangerous proof of our obedience and our love : for when the sun and fire meet , th' one 's extinguish'd quite ; and yet the other never is more bright : so that they write of thee , and joyn their feeble names with thine , their weaker sparks with thy illustrious light , will lose themselves in that ambitious thought ; and yet no fame to thee from hence he brought , we know , bless'd spirit , thy mighty name wants no addition of anothers beam ; it 's for our pens too high , and full of theme : the muses are made great by thee , not thou by them . thy fame 's eternal lamp will live , and in thy sacred urn survive , without the food of oyl , which we can give . 't is true ; but yet our duty calls our songs ; duty commands our tongues . though thou want not our praises , we are not excus'd for what we owe to thee ; for so men from religion are not freed . but from the altars clouds must rise , though heaven it self doth nothing need , and though the gods don't want an earthly sacrifice . iii. great life of wonders , whose each year full of new miracles did appear ! whos 's every month might be alone a chronicle , or a history ! others great actions are but thinly scatter'd here and there ; at best , but all one single star ; but thine the milky-way , all one continued light , of undistinguish'd day ; they throng'd so close , that naught else could be seen , scarce any common sky did come between : what shall i say or where begin ? thou may'st in double shapes be shown , or in thy arms , or in thy gown ; like jove sometimes with warlike thunder , and sometimes with peacefull scepter in his hand ; or in the field , or on the throne . in what thy head , or what thy arm hath done , all that thou didst was so refin'd , so full of substance and so strongly join'd , so pure , so weighty gold , that the least grain of it if fully spread and beat , would many leaves and mighty volumes hold . iv. before thy name was publish'd , and whilst yet , though only to thy self wer't great , whilst yet thy happy bud was not quite seen , or understood , it then sure signs of future greatness shew'd : then thy domestick worth did tell the world what it would be , when it should fit occasion see , when a full spring should call it forth : as bodies in the dark and night , have the same colours , the same red and white , as in the open day and light , the sun doth only shew that they are bright , not make them so : so whilst but private walls did know what we to such a mighty mind should owe , then the same vertues did appear , though in a less and more contracted sphere , as full , though not as large as since they were : and like great rivers , fountains , though at first so deep thou didst not go ; though then thine was not so inlarg'd a flood ; yet when 't was little , 't was as clear as good . v. ●tis true thou wast not born unto a crown , thy scepter 's not thy fathers , but thy own : thy purple was not made at once in hast , and after many other colours past , it took the deepest princely dye at last . thou didst begin with lesser cares , and private thoughts took up thy private years : those hands , which were ordain'd by fates , to change the world , and alter states , practis'd at first that vast design on meaner things with equal mind . that soul which should so many scepters sway , to whom so many kingdoms should obey , learn'd first to rule in a domestick way , so government it self began from family , and single man , was by the small relation , first , of husband , and of father nurs'd , and from those less beginnings past , to spread it self o'er all the world at last . vi. but when thy country ( then almost enthrall'd ) thy vertue , and thy courage call'd ; when england did thy arms intreat , and 't had been sin in thee not to be great : when every stream , and every flood ; was a true vein of earth , and run with blood ; when unus'd arms , and unknown war fill'd every place , and every ear ; when the great storms , and dismal night did all the land affright ; 't was time for thee to bring forth all our light. thou left'st thy more delightfull peace , thy private life , and better ease ; then down thy steel and armour took , wishing that it still hung upon the hook : when death had got a large commission out , throwing her arrows , and her sting about ; then thou ( as once the healing serpent rose ) wast lifted up , not for thy self , but us . vii . thy country wounded was , and sick before thy wars and arms did her restore : thou knew'st where the disease did lie , and like the cure of sympathy , thy strong and certain remedy unto the weapon didst apply ; thou didst not draw the sword , and so away the scabbard throw , as if thy country should be the inheritance of mars and blood : but that when the great work was spun , war in it self should be undone ; that peace might land again upon the shore richer and better than before : the husbandmen no steel should know , none but the usefull iron of the plow ; that bays might creep on every spear : and though our sky was overspread with a destructive red ; 't was but till thou our sun didst in full light appear . viii . when ajax dy'd , the purple blood that from his gaping wound had flow'd , turn'd into letters every leaf had on it wrote his epitaph : so from that crimson flood , which thou by fate of times wert led , unwillingly to shed , letters , and learning rose , and renewed : thou fought'st not out of envy , hope , or hate , but to refine the church and state ; and like the romans whate'er thou in the field of mars didst mow , was , that a holy island hence might grow . thy wars , as rivers raised by a shower , with welcome clouds do pour : though they at first may seem , to carry all away with an enraged stream ; yet did not happen that they might destroy , or the better parts annoy : but all the filth and mud to scour , and leave behind another slime , to give a birth to a more happy power . ix . in fields unconquer'd , and so well thou didst in battles and in arms excell ; that steelly arms themselves , might be worn out in war as soon as thee , success , so close upon thy troops did wait , as if thou first hadst conquer'd fate ; as if uncertain victory had been first overcome by thee ; as if her wings were clipt , and could not flee , whilst thou didst only serve , before thou hadst what first thou didst deserve . others by thee did great things do , triumphed'st thy self , and mad'st them triumph too ; though they above thee did appear , as yet in a more large and higher sphere : thou , the great sun gav'st light to every star. thy self an army wert alone , and mighty troops contain'd'st in one : thy only sword did guard the land , like that which flaming in the angel's hand , from men god's garden did defend : but yet thy sword did more than his , not only guarded , but did make this land a paradice . x. thou fought'st not to be high or great , nor for a scepter or a crown , or ermin , purple , or the throne ; but as the vestal heat , thy fire was kindled from above alone ; religion putting on thy shield , brought thee victorious to the field . thy arms like those , which ancient heroes wore , were given by the god thou did'st adore ; and all the words thy armies had , were on an heavenly anvil made ; not int'rest , or any weak desire of rule or empire , did thy mind inspire ; thy valour like the holy fire , which did before the persian armies go , liv'd in the camp , and yet was sacred too : thy mighty sword anticipates , what was reserv'd for heaven and those blest seats , and makes the church triumphant here below . xi . though fortune did hang on thy sword , and did obey thy mighty word ; though fortune for thy side and thee , forgot her lov'd unconstancy ; amidst thy arms and trophies thou wert valiant and gentle too , wounded'st thy self , when thou did'st kill thy foe ; like steel , when it much work has past , that which was rough does shine at last : thy arms by being oftner us'd did smoother grow ; nor did thy battles make thee proud or high , thy conquest rais'd the state , not thee : thou overcam'st thy self in every victory : as when the sun in a directer line , upon a polish'd golden shield doth shine , the shield reflects unto the sun again his light : so when the heavens smil'd on thee in fight ▪ when thy propitious god had lent success , and victory to thy tent ; to heav'n again the victory was sent . xii . england till thou did'st come , confin'd her valour home ; then our own rocks did stand bounds to our fame as well as land , and were to us as well , as to our enemies unpassable : we were asham'd at what we read , and blush'd at what our fathers did , because we came so far behind the dead . the british lion hung his main , and droop'd , to slavery and burthen stoop'd , with a degenerate sleep and fear lay in his den , and languish'd there ; at whose least voice before , a trembling eccho ran through every shore , and shook the world at every roar : thou his subdu'd courage didst restore , sharpen his claws , and his eyes mad'st the same dreadfull lightning rise ; mad'st him again affright the neighbouring floods , his mighty thunder sounds through all the woods : thou hast our military fame redeem'd , which was lost or clouded seem'd : nay more , heaven did by thee bestow on us , at once an iron age , and happy too . xiii . till thou command'st , that azure chain of waves , which nature round about us sent , made us to every pirate slaves , was rather burthen than an ornament ; those fields of sea that wash'd our shores , we plow'd , and reap'd by other hands than ours : to us , the liquid mass , which doth about us run , as 't is to the sun , only a bed to sleep on was : and not as now a powerfull throne , to shake and sway the world thereon . our princes in their hand a globe did shew , but not a perfect one , compos'd of earth and water too . but thy commands the floods obey'd , thou all the wilderness of water sway'd ; thou did'st not only wed the sea , not make her equal , but a slave to thee . neptune himself did bear thy yoke , stoop'd , and trembled at thy stroke : he that rul'd all the main , acknowledg'd thee his sovereign : and now the conquer'd sea doth pay more tribute to thy thames than that unto the sea. xiv . till now our valour did our selves more hurt ; our wounds to other nations were a sport ; and as the earth , our land produc'd iron and steel , which should to tear our selves be us'd , our strength within it self did break like thundring cannons creak , and kill'd those that were near , while the enemies secur'd and untouch'd were . but now our trumpets thou hast made to sound against our enemies walls in foreign ground ; and yet no eccho back to us returning found . england is now the happy peacefull isle , and all the world the while , is exercising arms and wars vvith foreign or intestine jars . the torch extinguish'd here , we lend to others oil , vve give to all , yet know our selves no fear ; vve reach the flame of ruin and of death , vvhere e'er we please , our swords to unsheath , vvhilst we in calm and temperate regions breath : like to the sun , whose heat is hurl'd through every corner of the world ; whose flame through all the air doth go , and yet the sun himself , the while no fire doth know . xv. besides the glories of thy peace , are not in number , nor in value less . thy hand did cure , and close the scars of our bloody civil wars ; not only lanc'd but heal'd the wound , made us again as healthy and as sound , vvhen now the ship was well nigh lost , after the storm upon the coast , by its mariners endanger'd most : when they their ropes and helms had left , when the planks asunder clest , and floods came roaring in with mighty sound , thou a safe land , and harbour for us found , and sav'dst those that would themselves have drown'd : a work which none but heaven and thee could do , thou mad'st us happy wh'th'r we would or no ; thy judgment , mercy , temperance so great , as if those vertues only in thy mind had seat : thy piety not only in the field , but peace , when heaven seem'd to be wanted least ; thy temples not like janus only were , open in time of vvar , vvhen thou hadst greater cause of fear , religion and the awe of heaven possest all places and all times alike thy breast . xvi . nor didst thou only for thy age provide , but for the years to come beside ; our after-times , and late posterity , shall pay unto thy fame as much as we ; they two are made by thee . vvhen fate did call thee to a higher throne , and when thy mortal work was done ; vvhen heaven did say it , and thou must be gone , thou him to bear thy burthen chose , vvho might ( if any could ) make us forget thy loss ; nor hadst thou him design'd , had he not been not only to thy blood , but vertue kin ; not only heir unto thy throne , but mind , 't is he shall perfect all thy cures , and with as fine a thread weave out thy loom : so one did bring the chosen people from their slavery and fears , led them through their pathless road , guided himself by god. he hath brought them to the borders ; but a second hand did settle , and secure them in the promis'd land. vpon the late storm , and death of the late vsurper oliver cromwell ensuing the same . by mr. waller . we must resign ; heav'n his great soul does claim in storms as loud as his immortal fame ; his dying groans , his last breath shakes our isle , and trees uncut fall for his funeral pile . about his palace their broad roots are tost into the air : so romulus was lost . new rome in such a tempest mist their king , and from obeying fell to worshipping . on oeta's top thus hercules lay dead , with ruin'd oaks and pines about him spread ; the poplar too , whose bough he wont to wear on his victorious head , lay prostrate there : those his last fury from the mountain rent ; our dying hero , from the continent , ravish'd whole towns , and forts from spaniards rest , as his last legacy to britain left ; the ocean which so long our hopes confin'd , could give no limits to his vaster mind ; our bounds inlargement , was his latest toil , nor hath he left us prisoners to our isle : under the tropick is our language spoke , and part of flanders hath receiv'd our yoke . from civil broils , he did us disingage , found nobler objects for our martial rage ; and with wise conduct to his country shew'd , their ancient way of conquering abroad : ungratefull then , if we no tears allow to him that gave us peace and empire too : princes that fear'd him , griev'd , concern'd to see no pitch of glory from the grave is free ; nature her self took notice of his death , and sighing swell'd the sea with such a breath , that to remotest shores her billows rowl'd , th' approaching fate of her great ruler told . directions to a painter concerning the dutch war : by sir john denham , . nay painter , if thou dar'st design that fight , which waller only courage had to write ; if thy bold hands can without shaking draw , what ev'n th' actors trembled at when they saw , enough to make thy colours change like theirs , and all thy pencils bristle like their hairs . first in fit distance of the prospect main , paint allen tilting at the coast of spain ; heroick act ! and never heard till now ! stemming of herc'les pillars with the prow ! and how he lest his ship the hills to wast , and with new sea-marks cales and dover graft . next let the flaming london come in view , like nero's rome , burnt to re-build it new ; what lesser sacrifice than this was meet to offer for the safety of the fleet ? blow one ship up , another thence will grow : see what free cities and wise courts can do ! so some old merchant to insure his name , marries afresh , and courties share the dame : so whatsoe'er is broke , the servants pay 't , and glasses are more durable than plate . no may'r till now , so rich a pageant feign'd , nor one barge all the companies contain'd . then painter draw cerulean coventry , keeper , or rather chancellor o' th' sea ; and more exactly to express his hue , use nothing but ultra-marinish blue . to pay his fees , the silver trumpet spends , and boat-swains whistle , for his place depends ; pilots in vain repeat their compass o're , until of him they learn that one point more . the constant magnet to the pole doth hold , steel to the magnet , coventry to gold. muscovy sells us pitch , and hemp and tar ; iron and copper , sweden ; munster , war ; ashly , prize ; warwick , customs ; cart'ret , pay ; but coventry doth sell the fleet away . now let our navy stretch its canvas wings , swoln like his purse , with tackling like his strings , by slow degrees of the increasing gale , first under sail , and after under sale : then in kind visit unto opdam's gout , hedge the dutch in , only to let them out . so huntsmen fair unto the hares give law , first find them , and then civilly withdraw . that the blind archer when they take the seas , the hambrough convoy may betray with ease . so that the fish may more securely bite , the angler baits the river over night . but painter , now prepare t' inrich thy piece , pencil of ermins , oyl of ambergreece , see where the dutchess with triumphant trail of numerous coaches , harwich doth assail ! so the land-crabs , at natures kindly call , down to ingender to the sea do crawl . see then the admiral with the navy whole , to harwich through the ocean carry coal : so swallows buried in the sea at spring , return to land with summer in their wing . one thrifty ferry-boat of mother-pearl , suffic'd of old the citharean girl ; yet navies are but fopperies when here , a small sea-mask , and built to court your dear : three goddesses in one , pallas for art , venus for sport , but juno in your heart . o dutchess ! if thy nuptial pomp was mean , 't is paid with interest in thy naval scene . never did roman mark within the nile , so feast the fair aegyptian crocodile ; nor the venetian duke with such a state the adriatick marry , at that rate . now painter , spare thy weaker art ; forbear to draw her parting passions and each tear : for love , alas ! hath but a short delight ; the sea , the dutch , the king , all call'd to fight . she therefore the duke's person recommends to brunker , pen , and coventry , her friends , to pen much , brunker more , most coventry ; for they she knew were all more fraid than he : of flying fishes one had sav'd the fin. and hop'd by this he thro' the air might spin ; the other thought he might avoid the knell , by the invention of the diving bell ; the third had try'd it , and affirm'd a cable coyld round about him was impenetrable . but these the duke rejected , only chose to keep far off ; let others interpose . rupert that knew no fear , but health did want , kept state suspended in a chair volant ; all save his head shut in that wooden case , he shew'd but like a broken weatherglass ; but arm'd with the whole lyon cap-a-chin , did represent the hercules within . dear shall the dutch his twinging anguish know , and see what valour whet with pain can do . curst in the mean time be that treach'rous jael , that thro' his princely temples drove the nail . rupert resolv'd to fight it like a lyon ; and sandwich hop'd to fight it like arion ; he to prolong his life in the dispute , and charm'd the holland pirates , tun'd his lute , till some judicious dolphin might approach , and land him safe and sound as any roach . now painter , reassume thy pencils care , thou hast but skirmisht yet , now fight prepare ; and draw the battle terrible to shew , as the last judgment was of angelo . first let our navy scowr thro' silver froth , the oceans burthen , and the kingdoms both ; whose very bulk may represent its birth ; from hide and paston , burthens of the earth ; hide whose transcendent panch so swells of late , that he the rupture seems of law and state ; paston , whose belly bears more millions , than indian carracks , and contains more tuns . let shoals of porpoises on every side wonder in swimming by our oaks out-vy'd ; and the sea-fowl all gaze , t' behold a thing so vast , more swift & strong than they of wing . but yet presaging george they keep in sight , and follow for the reliques of a fight . then let the dutch with well dissembled fear , or bold despair , more than we wish , draw near : at which our gallants , to the sea but tender , and more to fight their easy stomachs render ; with breasts so panting , that at every stroke you might have felt their hearts beat thro' the oak : while one concerned in the interval of straining choler , thus did vent his gall. noah be damn'd ! and all his race accurst , who in sea-brine did pickle timber first ! what though he planted vines , he pines cut down , he taught us how to drink and how to drown : he first built ships , and in his wooden wall , saving but eight , e're since endanger'd all . and thou dutch necromantick fryar , be damn'd , and in thine own first mortar-piece be ram'd ! who first invented cannon in thy cell , nitre from earth , and brimstone fetcht from hell. but damn'd and treble damn'd be clarendine , our seventh edward , with all his house and line ! who to divert the danger of the war , with bristol , bounds us on the hollander : fool coated gown man ! sells , to fight with hans , dunkirk ; dismantling scotland , quarrels france ; and hopes he now hath bus'ness shap'd , and power t' out-last our lives or his , and scape the tower ; and that he yet may see , e're he go down , his dear clarinda circled in a crown . by this time both the fleets in reach dispute , and each the other mortally salute : draw pensive neptune biting of his thumbs , to think himself a slave whoe're o'recomes . the frighted nymphs retreating to their rocks , beating their blue breasts , tearing their green locks . paint eccho slain , only th'alternate sound from the repeating cannon doth rebound . opdam sails placed on his naval throne , assuming courage greater than his own ; makes to the duke and threatens him from far , to nail him to his boards like a petar ; but in the vain attempt , took fire too soon , and flies up in his ship to catch the moon . monsieurs like rockets mount aloft , and crack in thousand sparks , then dancingly fall back . yet e're this happen'd , destiny allow'd him his revenge , to make his death more proud ; a fatal bullet from his side did range , and batter'd lawson : oh too dear exchange ! he led our fleet that day too short a space , but lost his knee ; since dy'd in glories race : lawson ! whose valour beyond fate did go , and still fights opdam in the lake below . the duke himself , though pen did not forget , yet was not out of dangers random set . falmouth was there , i know not what to act ; some say 't was to grow duke too by contract : an untaught bullet in its wanton scope , dashes him all to pieces , and his hope . such was his rise , such was his fall , unprais'd ; a chance-shot sooner took him than chance rais'd : his shatter'd head the fearless duke disdains , and gave the last first proof that he had brains . bartlet had heard it soon , and thought not good to venture more of royal harding's blood : to be immortal he was not of age , and did e'en now the indian prize presage ; and judg'd it safe and decent , cost what cost , to lose the day , since his dear brother 's lost . with his whole squadron straight away he bore , and like good boy , promis'd to fight no more . the dutch auranea careless at us sail'd ; and promised to doe what opdam fail'd : smith to the duke doth intercept her way , and cleaves t' her closer than a remora : the captain wonder'd , and withall disdain'd , so strongly by a thing so small , detain'd ; and in a raging bravery to him runs , they stab their ships with one anothers guns : they fight so near it seems to be on ground , and ev'n the bullets meeting , bullets wound . the noise , the smoak , the fire , the sweat , the blood , is not to be exprest , nor understood . each captain from his quarter-deck commands , they wave their bright swords glittering in their hands . all luxury of vvar , all man can do in a sea-fight , did pass between them too . but one must conquer whosoever fight ; smith takes the gyant and is made a knight . marlborough that knew , and durst do more than all , falls undistinguisht by an iron ball : dear lord ! but born under a star ingrate ! no soul more clear , nor no more gloomy fate ! vvho would set up vvars trade that means to thrive ? death picks the valiant out , cowards survive : vvhat the brave merit , th' impudent do vaunt ; and none 's rewarded but the sycophant . hence all his life he against fortune fenc'd , or not well known , or not well recompenc'd : but envy not this praise t' his memory , none more prepar'd was , or less fit to dye : rupert did others and himself excell : holms , tydiman , minns ; bravely sanson fell . what others did , let none omitted , blame , i shall record , whoe're brings in his name : but unless after-stories disagree , nine only came to fight , the rest to see . now all conspire unto the dutchmens loss ; the wind , the fire , we , they themselves do cross . when a sweet sleep began the duke to drown , and with soft diadems his temples crown : and first he orders all the rest to watch , and they the foe , whilst he a nap doth catch : but lo , brunkar by a secret instinct , slept on , nor needed ; he all day had winkt . the duke in bed , he then first draws his steel , whose vertue makes the misled compass wheel . so e're he wak'd , both fleets were innocent : and brunkar member is of parliament . and now , dear painter , after pains , like those , 't were time that i and thou too do repose . but all our navy scap'd so sound of limb , that a short space serv'd to refresh and trim ; and a tame fleet of theirs doth convoy want , laden with both the indies , and levant : paint but this one scene more the world 's our own , and halcyon sandwich doth command alone : to bergen we with confidence made haste , and th' secret spoils by hope already taste ; though clifford in the character appear of supra-cargo to our fleet , and their wearing a signet ready to clap on , and seize all for his master arlington , ruyter whose little squadron skim'd the seas , and wasted our remotest colonies , with ships all foul , return'd upon our way ; sand — ch would not disperse , nor yet delay ; and therefore like commander grave and wise , to scape his sight and fight , shut both his eyes ; and for more state and sureness , cutten true the left eye closeth , the right mountague ; and even clifford proffer'd in his zeal , to make all safe , t' apply to both his seal . vlysses so , till syrens he had past , vvould by his mates be pinion'd to the mast. now can our navy view the wished port , but there ( to see the fortune ! ) was a fort : sand — ch would not be beaten , nor yet beat ; fools only fight , the prudent use to treat . his cousin mountague by court-disaster , dwindled into the wooden horse's master : to speak of peace seem'd amongst all most proper , had talbot then treated of nought but copper : or what are forts , when void of ammunition ? vvith friends or foes what would we more condition ? yet we three days , till the dutch furnish'd all , men , powder , money , cannon , — treat with vvall ! then tydiman , finding the danes would not , sent in six captains bravely to be shot . and mountague , though drest like any bride , and aboard him too , yet was reach'd and dy'd : sad was the chance , and yet a deeper care wrinkled his membranes under forehead fair . the dutch armado yet had th' impudence to put to sea , to waft their merchants thence ; for as if all their ships of wall-nut were , the more we beat them , still the more they bear : but a good pilot and a favouring wind , brings sand — ch back , and once again did blind . now gentle painter , e're we leap on shore , with thy last strokes ruffle a tempest o're ; as if in our reproach , the wind and seas would undertake the dutch , while we take ease : the seas the spoils within our hatches throw , the winds both fleets into our mouths do blow : strew all their ships along the shore by ours , as eas'ly to be gather'd up as flow'rs : but sand — ch fears for merchants to mistake a man of war , and among flow'rs a snake . two indian ships pregnant with eastern pearl , and diamonds , sate th' officers and earl : then warning of our fleet , he it divides into the ports , and so to oxford rides . mean while the dutch uniting to our shames , ride all insulting o'er the downs and thames ! now treating san — ch seems the fittest choice for spain , there to condole , and to rejoyce : he meets the french ; but to avoid all harms , ships to the groyn : embassies bear no arms : there let him languish a long quarantain , and ne'er to england come till he be clean . thus having fought , we know not why as yet ; we 've done we know not what , nor what we get : if to espouse the ocean , all this pains princes unite , and do forbid the bains : if to discharge phanaticks , this makes more ; for all phanaticks are , when they are poor : or if the house of commons to repay , their prize-commissions are transferr'd away : but for triumphant check-stones if , and shell for dutchess closet , 't hath succeeded well . if to make parliaments as odious pass , or to reserve a standing force , alass ! or if , as just , orange to re-instate , instead of that , he is regenerate : and with four millions vainly giv'n as spent , and with five millions more of detriment , our summ amounts yet only to have won a bastard orange for pimp arl — ton now may historians argue con and pro : denham says thus ; though always waller so : and he , good man , in his long sheet and staff , this pennance did for cromwel's epitaph . and his next theam must be o' th' duke's mistress , advice to draw madam l' edificatress . henceforth , o gemini ! two dukes command , castor and pollux , aumarle and cumberland . since in one ship , it had been fit they 'd went in petty's double-keel'd experiment . to the king . by sir john denham . imperial prince ! king of the seas and isles ! dear object of our ioy , and heaven's smiles ! what boots it that thy light doth gild our days , and we lie basking in thy milder rays , while swarms of insects , from thy warmth begun , our land devour , and intercept our sun ? thou , like jove's minos , rul'st a greater creet ; and for its hundred cities , count'st thy fleet. why wilt thou that state - daedalus allow , who builds the butt , a lab'rinth and a cow ? if thou art minos , be a iudge severe , and in 's own maze confound the engineer . o may our sun , since he too nigh presumes , melt the soft wax wherewith he imps his plumes ! and may he falling leave his hated name unto those seas his war hath set on flame ! from that enchanter having clear'd thine eyes , thy native sight will pierce within the skies , and view those kingdoms calm with ioy and light , where 's universal triumph , but no fight . since both from heaven thy race and power descend , rule by its pattern there to re-ascend : let iustice only awe , and battel cease : kings are but cards in war ; they 're gods in peace . directions to a painter . by sir john denham . sand — ch in spain now , and the duke in love , let 's with new generals a new painter prove : lilly's a dutchman , danger 's in his art , his pencils may intelligence impart . thou gibson , that among thy navy small of muscle-shells , commandest admiral ; thy self so slender , that thou shew'st no more than barnacle new hatch'd of them before : come mix thy water-colours , and express drawing in little what we yet do less . first paint me george and rupert ratling far both in one box like the two dice of war ; and let the terrour of their linked name , fly thro' the air , like chain-shot , tearing fame : jove in one cloud did scarcely ever wrap lightning so fierce , but never such a clap . united generals sure are th' onely spell , wherewith united provinces to quell : alas , even they , though shell'd in treble oak , will prove an addle egg with double yolk . and therefore next uncouple either hound , and loo them at two hares e're one be found . rupert and beaufort , halloo ; ah , there rupert like the phantastick hunting of st. hubert ; when he with airy hounds , and horn of air , pursues by fontain-bleau the witchy hare . deep providence of state ! that could so soon fight beaufort here e're he had quit thouloon . so have i seen , e're human quarrels rise , foreboding meteors combat in the skies . but let the prince to fight with rumour go , the generals meet a more substantial foe : ruyter he spies , and full of youthfull heat , though half their number , thinks the odds too great . the fowler watching , so his watry spot , and more the fowl , hopes for the better shot . though such a limb was from his navy torn , he found no weakness yet , like sampson shorn ; but swoln with sense of former glory wone , thought monk must be by albemarle out-done : little he knew with the same arm and sword , how far the gentleman out-cuts the lord. ruyter , inferiour unto none for art. superiour now in number and in heart ; ask'd if he thought , as once our rebel-nation , to conquer theirs too , with a declaration ? and threatens , though he now so proudly sail , he shall tread back his iter boreale : this said , he the short period , e're it ends , with iron-words from brazen-mouths extends : monk yet prevents him e're the navies meet , and charges in himself alone a fleet ; and with so quick and frequent motion wound his murthering sides about , the ship seem'd round ; and the exchanges of his circling tire , like whirling hoops , shew'd of triumphant fire . single he doth at their whole navy aim , and shoots them through a porcupine of flame . in noise so regular his cannons met , you 'd think that thunder was to musick set : ah! had the rest but kept a time as true , what age could such a martial consort shew ! the listning air unto the distant shore , through secret pipes conveys the tuned roar ; till as the eccho's vanishing , abate , men feel a dead sound like the pulse of state. if fate expire let monk her place supply , his guns determine who shall live or dye . but victory doth always hate a rant ; valour 's her brave , but skill is her gallant . ruyter no less with vertuous envy burns , and prodigies for miracles returns : yet he observ'd how still his iron balls , recoyl'd in vain against our oaken walls . how the hard pellets sell away as dead , by our inchanted timber fillipped . leave then , said he , th' invulnerable keel , wee 'll find their feeble , like achilles heel . he quickly taught , pours in continual clouds of chain'd dilemma's through our sinew'd shrowds . forrests of masts fall with their rude embrace , our stiff sails masht , and netted into lace ; till our whole navy lay their wanton mark , nor any ship could sail but as the ark , shot in the wing , so at the powder 's call , the disappointed bird doth fluttering fall . yet monk disabl'd still such courage shews , that none into his mortal gripe dare close : so an old bustard , maim'd yet loth to yield , duels the fowler in new-market field . but since he found it was in vain to fight , he imps his plumes the best he can for flight : this , painter , were a noble task to tell , what indignation his great breast did swell . not vertuous man unworthily abus'd , not constant lover without cause refus'd , not honest merchant broke , nor skilfull player hist off the stage , nor sinners in despair ; not parents mockt , nor favourites disgrac'd , not rump by monk , or oliver displac'd ; not kings depos'd , nor prelates e're they dye , feel half the rage of gen'rals when they fly . ah rather than transmit th' story to fame , draw curtains , gentle artist , o're the shame : cashier the memory of dutell , rais'd up to taste , instead of death , his highness cup ; and if the thing were true , yet paint it not , how bartlet , as he long deserv'd , was shot ; though others that survey'd the corps so clear , said he was only petrify'd for fear : if so , th' hard statute mummy'd without gum , might the dutch balm have spar'd , and english tomb. yet if thou wilt paint minns turn'd all to soul , and the great harman cak'd almost to coal ; and jordan old worthy thy pencil's pain , who all the while held up the ducal train : but in a dark cloud cover askew , when he quit the prince to embark in lovestein ; and wounded ships , which wo immortal boast , now first led captive to an hostile coast. but most with story of his hand and thumb , conceal ( as honour would ) his grace's bum , when the large bullet a large collop tore out of that buttock never turn'd before : fortune ( it seems ) would give him by that lash , gentle correction for his fight so rash . but should the rump perceive 't , they 'd say that mars had now reveng'd them upon aumarle's arse . the long disaster better o'er to vail , paint only jonas three days in the whale : for no less time did conqu'ring ruyter chaw our flying gen'ral in his spungy jaw . then draw the youthfull perseus all in hast , from a sea-beast to free the virgin chast ; but neither riding pegasus for speed , nor with the gorgon shielded at his need : so rupert the sea-dragon did invade , but to save george , himself , and not the maid ; and though arriving late , he quickly mist ev'n sails to fly , unable to resist . not greenland seamen that survive the fright of the cold chaos , and half eternal night , so gladly the returning sun adore , or run to spy the next year's fleet from shore , hoping yet once within the oily side of the fat whale , again their spears to hide , as our glad fleet with universal shout salute the prince , and wish the second bout . nor wind 's long prisoners in earth's hollow vault , the fallow seas so eagerly assault , as fiery rupert with revengefull joy , doth on the dutch his hungry courage cloy ; but soon unrigg'd , lay like an useless board ; ( as wounded in the wrist men drop their sword ) when a propitious cloud between us stept , and in our aid did ruyter intercept . old homer yet did never introduce , to save his heroes , mists of better use . worship the sun , who dwell where he doth rise ; this mist doth more deserve our sacrifice . now joyfull fires and the exalted bell , and court-gazettes our empty triumphs tell . alas , the time draws near , when overturn'd , thy lying bells shall through the tongues be burnt ; paper shall want to print that lye of state , and our false fires true fires shall expiate . stay painter here awhile , and i will stay ; nor vex the future times with my survey : seest not the monky dutchess all undrest ? paint thou but her , and she will paint the rest . this sad tale found her in her outward room , nailing up hangings not of persian loom : like chaste penelope that ne'er did rome , but made all fine against her george came home . upon a ladder , in her coats much shorter , she stood with groom and coachman for supporter ; and careless what they saw , or what they thought , with honi pense full honestly she wrought . one tenter drove , to lose no time or place , at once the ladder they remove , and grace . whilst thus they her translate from north to east , in posture just of a four footed beast , she heard the news : but alter'd yet no more , than that which was behind she turn'd before ; nor would come down , but with an handkercher , which pocket foul did to her neck prefer : she shed no tears , for she was too viraginous , but only snuffling her trunk cartilaginous , from scaling ladder she began a story , worthy to be had in memento mori ; arraigning past , and present , and futuri , with a prophetick , if not friendly fury . her hair began to creep , her belly sound , her eyes to sparkle , and her udder-bound ; half witch , half prophet ; thus the albemarle , like presbyterian sybil , 'gan to snarl : traytors both to my lord , and to the king ! nay now it is beyond all suffering ! one valiant man by land , and he must be commanded out to stop their leaks at sea : yet send him rupert , as an helper meet ; first the commands dividing , then the fleet : one may if they be beat , or both be hit ; or if they overcome , yet honours split . but reck'ning george already knockt i' th' head , they cut him out like beef e're he be dead : each for a quarter hopes ; the first doth skip , but shall fall short though at the gen'ral-ship . next they for master of the horse agree ; a third the cock-pit begs , not any me. but they shall know , ay marry shall they do ▪ that who the cock-pit hath , shall have me too . i told george first , as calamy told me , if the king brought these o're , how it would be : men that there pick his pocket to his face , and sell intelligence to buy a place ▪ that their religion 's pawn'd for cloaths , nor care , 't is run so long now , to redeem 't , nor dare . o what egregious loyalty to cheat ! o what fidelity it was to eat ! whilst langdales , hoptons , glenhams starv'd abroad , and here true roy'lists sink beneath their load . men that did there affront , defame , betray the king , and so do here ; now who but they ! what! say i men ! nay , rather monsters ; men only in bed , nor to my knowledge then . see how they home return'd in revel rout , with the small manners that they first went out : not better grown , nor wiser all the while , renew the causes of their first exile : as if , to shew the fool what 't is i mean , i chose a foul smock , when i might have clean . first , they for fear disband the army tame , and leave good george a gen'rals empty name : then bishops must revive , and all unfix with discontents , to content twenty six : the lords house drains the houses of the lord , for bishops voices silencing the word . o barthol'mew ! saint of their kalander ! what 's worse , th' ejection or the massacre ? then culpepper , glouster , and the princess dy'd ; nothing can live that interrupts an hyde . o more than human gloster ! fate did shew thee but to earth , and back again withdrew . then the fat scrivener doth begin to think 't was time to mix the royal blood with ink. berkley that swore as oft as he had toes , doth kneeling now her chastity depose ; just as the first french card'nal could restore maidenhead to his widow , neece and whore. for portion , if she could prove light , when weigh'd , four millions shall within three years be paid ; to raise it , we must have a naval war , as if 't were nothing but tara-tan-tar ! abroad all princes disobliging first , at home all parties but the very worst . to tell of ireland , scotland , dunkirk's sad ; or the king's marriage : but he thinks i 'm mad : and sweeter creature never saw the sun , if we the king wish monk , or queen a nun. but a dutch war shall all these rumors still , bleed out these humours , and our purses fill ; yet after four days fight , they clearly saw 't was too much danger for a son-in-law : hire him to leave , for six score thousand pound : so with the king's drums men for sleep compound . but modest sand — ch thought it might agree with the state-prudence , to do less than he ; and to excuse their timorousness and sloth , they found how george might now be less than both . first smith must for leghorn , with force enough to venture back again , but not go through : beaufort is there , and to their dazling eyes the distance more the object magnifies ; yet this they gain , that smith his time should lose , and for my duke too , cannot interpose . but fearing that our navy , george to break , might yet not be sufficiently weak ; the secretary , that had never yet intelligence , but from his own gazette , discovers a great secret , fit to sell , and pays himself for't , e'er he would it tell ; beaufort is in the channel ; hixy here ! doxy thoulon ! beaufort is ev'ry-where . herewith assembling the supreme divan , where enters none but devil , ned and nan ; and upon this pretence they straight design'd , the fleet to sep'rate , and the world to blind : monk to the dutch , and rupert ( here the wench could not but smile ) is destin'd to the french. to write the order , bristol clerk is chose ; one slit in 's pen , the other in his nose ; for he first brought the news , it is his place ; he 'll see the fleet divided like his face ; and through the cranny in his grisly part , to the dutch chink intelligence impart . the plot succeeds : the dutch in hast prepar'd , and poor peel garlick george's arse they shar'd ; and then presuming of his certain wrack , to help him late they send for rupert back . officious will seem'd fittest , as afraid lest george should look too far into his trade . at the first draught they pause with statesmens care , they write in full , then copy it as fair ; and then compare them , when at last it s sign'd , will soon his purse-strings , but no seal could find . at night he sends it by the common post , to save the king of an express the cost . lord , what ado to pack one letter hence ! some patents pass with less circumference . well george , in spite of them thou safe dost ride , lessen'd i hope in nought but thy backside ; for as to reputation , this retreat of thine , exceeds the victories so great : nor shalt thou stir from hence , by my consent , till thou hast made the dutch and them repent . 't is true , i want so long the nuptial gift , but as i oft have done , i 'll make a shift ; nor will i with vain pomp accost the shore , to try thy valour at the bouy o' th' nore , fall to thy work there george , as i do here ; cherish the valiant up , cowards cashier : see that the men have pay , and beef , and beer , find out the cheats of the four millioneer . out of the very beer , they sell the malt ; powder of powder , from powder'd beef the salt. put thy hand to the tub , instead of oxe , they victual with french pork that hath the pox. never such cotqueans by small arts do wring , ne'er such ill huswives in the managing ! pursers at sea know fewer cheats than they , marriners on shore less madly spend their pay. see that thou hast new sails thy self , and spoil all their sea-market , and their cable coyl . look that good chaplains on each ship do wait , nor the sea-diocese be impropriate : look to the sick and wounded pris'ners ; all is prize ; they rob even the hospital , recover back the prizes too ; in vain we fight , if all be taken that is ta'en . now by our coast the dutchmen , like a flight of feeding ducks , ev'ning and morning light ; how our land-hectors tremble , void of sense , as if they came straight to transport them hence : some sheep are stol'n ; the kingdom 's all array'd , and ev'd presbyters now call out for aid . they wish ev'n george divided to command , one half of him at sea , th' other on land. what 's that i see ! ah , 't is my george agen ! it seems they in sev'n weeks have rigg'd him then . the curious heav'ns with lightning him surrounds , to view him , and his name in thunder sounds . but with the same swift goes , their navy's near : so e'er we hunt the keeper shoots the deer . stay heaven awhile , and thou shalt see him ●ail , and george too , he can thunder , lighten , hail . happy the time that i e'er wedded george , the sword of england , and the holland scourge . avaunt rotterdam-dog , ruyter avaunt , thou water-rat , thou shark , thou cormorant . i 'll teach thee to shoot scissors : i 'll repair each rope thou losest george , out of this hair. 't is strong and course enough ; i 'll hem this shift , e'er thou shalt lack a sail , and lie a-drift : bring home the old ones ; i again will sew , and darn them up , to be as good as new . what , twice disabled ! never such a thing ! now sovereign help him that brought in the king , guard thy posteriors , george , e'er all be gone , tho' jury-masts , thou 'st jury-buttocks none . courage ! how bravely ( whet with this disgrace ) he turns , and bullets spits in ruyter's face . they fly , they fly , their fleet doth now divide , but they discard their trump : our trump is hyde . where are you now , de ruyter , with your bears ? see where your merchants burn about your ears . fire out the wasps , george from the hollow trees , cramm'd with the honey of our english bees . ah now they are paid for guinea : e'er they steer to the gold coast , they find it hotter here . turn all your ships to stoves e'er you set forth , to warm your traffick in the frozen north. ah sandwich ! had thy conduct been the same , bergen had seen a less but richer flame ; nor ruyter liv'd new battle to repeat , and oftner beaten be , than we can beat . scarce had george leisure after all his pain , to tie his breaches ; ruyter's out again : thrice in one year ! why sure this man is wood : beat him like stock-fish , or he 'll ne'er be good . i see them both again prepare to try ; the first shot through each other with the eye . then — but the ruling providence that must with humane projects play , as wind with dust , raises a storm . so constables a fray knock down ; and send them both well cuff'd away . plant now new england firs in english oak , build your ships ribs proof to the cannon stroke : to get the fleet to sea , exhaust the land ; let longing princes pine for the command : strong march-panes ! wafers lights ! so thin a puff of angry air can ruin all that huff : so champions having shar'd the lists and sun , the judge throws down's award , and they have done . for shame come home george , 't is for thee too much to fight at once with heaven and the dutch. woe 's me ! what see i next , alas ! the fate i see of england , and its utmost date . those flames of theirs at which we fondly smile , kindle like torches our sepulchral pile . war , fire , and plague against us all conspire ; we the war , god the plague , who rais'd the fire ? see how men all like ghosts , while london burns , wander , and each over his ashes mourns ! curs'd be the man that first begat this war , in an ill hour , under a blazing star. for others sport two nations fight a prize ; between them both , religion wounded dies . so of first troy , the angry gods unpaid , raz'd the foundations which themselves had laid . welcome , though late , dear george : here hadst thou bin , we'd scap'd : ( let rupert bring the navy in . ) thou still must help them out , when in the mire ; gen'ral at land , at plague , at sea , at fire . now thou art gone , see beaufort dares approach , and our fleets angling , as to catch a roach . gibson farewell , till next we put to sea : truth is , thou 'st drawn her in effigie . to the king : by sir john denham . great prince : and so much greater as more wise ; sweet as our life , and dearer than our eyes , what servants will conceal , and councels spare to tell , the painter and the poet dare . and the assistance of an heavenly muse and pencil represent the crimes abstruse . here needs no fleet , no sword , no foreign foe ; only let vice be damn'd , and iustice flow . shake but , like jove , thy locks divine and frown , thy scepter will suffice to guard thy crown . hark to cassandra's song , e'er fate destroy by thy lowd navy's wooden horse , thy troy. as our apollo , from the tumults wave , and gentle calms , though but in oars will save . so philomel her sad embroidery strung , and vocal silks tun'd with her needles tongue . the pictures dumb in colours loud reveal'd the tragedies at court so long conceal'd ; but when restor'd to voice inclos'd with wings , to woods and groves what once the painter sings . directions to a painter . by sir john denham . draw england ruin'd by what was given before , then draw the commons slow in giving more : too late grown wiser , they their treasure see consum'd by fraud , or lost by treachery ; and vainly now would some account receive of those vast summs which they so idly gave , and trusted to the management of such as dunkirk sold , to make war with the dutch ; dunkirk , design'd once to a nobler use , than to erect a petty lawyer 's house . but what account could they from those expect , who to grow rich themselves the state neglect ; men who in england have no other lot , than what they by betraying it have got ; who can pretend to nothing but disgrace , where either birth or merit find a place . plague , fire and war , have been the nation 's curse , but to have these our rulers , is a worse : yet draw these causers of the kingdoms woe , still urging dangers from our growing foe , asking new aid for war with the same face , as if , when giv'n , they meant not to make peace . mean while they cheat the publick with such hast , they will have nothing that may ease it , past . they law 'gainst irish cattle they condemn , as shewing distrust o' th' king ; that is , of them . yet they must now swallow this bitter pill , or money want , which was the greater ill . and then the king to westminster is brought , imperfectly to speak the chanc'llors thought ; in which , as if no age could parallel a prince and council that had rul'd so well , he tells the parliament he cannot brook whate'er in them like jealousie doth look : adds , that no grievances the nation load , while we 're undone at home despis'd abroad . thus past the irish with the money-bill , the first not half so good , as th' other ill . with these new millions might we not expect our foes to vanquish , or our selves protect ; if not to beat them off usurped seas , at least to force an honourable peace : but though the angry fate , or folly rather , of our perverted state , allow us neither ; could we hope less to defend our shores , than guard our harbours , forts , our ships and stores ? we hop'd in vain : of these remaining are , not what we sav'd , but what the dutch did spare . such was our rulers generous stratagem ; a policy worthy of none but them . after two millions more laid on the nation , the parliament grows ripe for prorogation : they rise , and now a treaty is confest , gainst which before these state-cheats did protest : a treaty which too well makes it appear , theirs , not the kingdom 's int'rest , is their care : statesmen of old , thought arms the way to peace ; ours scorn such thread-bare policies as these : all that was given for the state 's defence , they think too little for their own expence : or if from that they any thing can spare , ●t is to buy peace , not maintain a war : for which great work embassadors must go with bare submissions to our arming foe : thus leaving a defenceless state behind , vast fleets preparing by the belgians find ; against whose fury what can us defend ? whilst our great polititians here depend upon the dutch good nature : for when peace ( say they ) is making , acts of war must cease . thus were we by the name of truce betray'd . tho' by the dutch nothing like it was made . here , painter , let thine art describe a story shaming our warlike island 's ancient glory : a scene which never on our seas appear'd , since our first ships were on the ocean steer'd ; make the dutch fleet while we supinely sleep , without opposers , masters of the deep : make them securely the thames-mouth invade , at once depriving us of that and trade : draw thunder from their floating castles , sent against our forts , weak as our government : draw woollidge , deptford , london , and the tower , meanly abandon'd to a foreign power . yet turn their first attempt another way , and let their cannons upon sheerness play ; which soon destroy'd , their lofty vessels ride big with the hope of the approaching tide : make them more help from our remisness find , than from the tide , or from the eastern wind. their canvas swelling with a prosp'rous gale , swift as our fears make them to chatham sail : through our weak chain their fireships break their way , and our great ships ( unmann'd ) become their prey : then draw the fruit of our ill-manag'd cost , at once our honour and our safety lost : bury those bulwarks of our isle in smoak , while their thick flames the neighb'ring country choak , the charles escapes the raging element , to be with triumph into holland sent ; where the glad people to the shore resort , to see their terror , now become their sport . but painter , fill not up thy peice before thou paint'st confusion on our troubled shore : instruct then thy bold pencil to relate the saddest marks of an ill govern'd state. draw th'injur'd seamen deaf to all command , while some with horror and amazement stand : others will know no other enemy but they who have unjustly robb'd them of their pay : boldly refusing to oppose a fire . to kindle which , our errors did conspire : some ( though but few ) perswaded to obey , useless for want of ammunition stay : the forts design'd to guard our ships of war , void both of powder and of bullets are : and what past reigns in peace did ne'er omit , the present ( whilst invaded ) doth forget . surpassing chatham , make whitehall appear , if not in danger , yet at least in fear . make our dejection ( if thou canst ) seem more than our pride , sloth and ign'rance did before : the king , of danger now shews far more fear , then he did ever to prevent it , care ; yet to the city doth himself convey , bravely to shew he was not run away : whilst the black prince , and our fifth harry's wars , are only acted on our theatres . our statesmen finding no expedient , ( if fear of danger ) but a parliament , twice would avoid , by clapping up a peace ; the cure's to them as bad as the disease : but painter , end not , till it does appear which most , the dutch or parliament they fear . as nero once , with harp in hand , survey'd his flaming rome ; and as that burnt , he plaid : so our great prince , when the dutch fleet arriv'd , saw his ships burn ; and as they burnt , he — directions to a painter : by sir john denham . painter , where was 't thy former work did cease ? oh , 't was at parliament , and the brave peace . now for a cornucopia : peace , all know brings plenty with it ; wish it be not woe . draw coats of pageantry , and proclamations of peace , concluded with one , two , three nations . canst thou not on the change make merchants grin like outward smiles , whiles vexing thoughts within ? thou art no artist , if thou canst not feign , and counterfeit the counterfeit disdain . draw a brave standard , ruffling at a rate much other than it did for chatham's fate . the tow'r guns too , thundring their joys , that they have scap'd the danger of b'ing ta'en away : these , as now mann'd , for triumph are , not fight ; as painted fire for show , not heat or light . amongst the roar of these , and the mad shout of a poor nothing understanding rout , that think the on and off-peace now is true , thou might'st draw mourners for black barthol'mew : mourners in sion ! oh 't is not to be discover'd ! draw a curtain curteously to hide them . now proceed to draw at night a bonfire here and there ; but none too bright , nor lasting : for 't was brushwood , as they say , which they that hop'd for coals now flung away . but stay , i had forgot my mother : draw the church of england 'mongst the opera , to play their part too ; or the dutch will say , in war and peace they 've born the b●lls away . at this end then , two or three steeples ringing , at th' other end , draw quires , te deum singing ; between them leave a space for tears : remember that 't is not long to th' second of september . now if thou skill'st prospective landskip , draw at distance , what perhaps thine eyes ne'er saw ; polyroon , spicy islands , kits , or guinea : syrenam , nova scotia , or virginia : no , no ; i mean not these , pray hold your laughter ; these things are far off , not worth looking after : give not a hint of these : draw highland , lowland , mountains and flatts : draw scotland first , then holland . see , canst thou ken the scots frowns ? then draw those that something had to get , but nought to lose . canst thou through fogs discern the dutchmen drink ? buss-skippers , lately capers , stamp to think their catching craft is over : some have ta'en , to eke their war , a warrant from the dane . but passing these , their statesmen view a while , in ev'ry graver countenance a smile : copy the piece there done , wherein you 'll see one laughing out , i told you how 't would be ! draw next a pompous interchange of seals ; but curs'd be he that articles reveals before he knows them : now for this take light from him that did describe sir edward's fight : you may perhaps the truth on 't doubt ; what tho' ? you 'll have it then cum privilegio . then draw our lords commissioners advance , not homewards , but for flanders , or for france ; there to parlier a while , until they see how things in parliament resented be . so much for peace . now for a parliament : a petty sessions draw : with what content , guess by their countenance , who came up post , and quickly saw they had their labour lost : like the small merchants when they bargains sell ; come hither jack : what say ? come kiss : farewel : but 't was abortive , born before its day ; no wonder then it dy'd so soon away . yet breath'd it once , and that with such a force , it blasted thirty thousand foot and horse . as once prometheus man did sneeze so hard , as routed all that new rais'd standing guard of teeth , to keep the tongue in order : so down fall our new gallants without a foe . but if this little one could do so much , what will the next ? give a prophetick touch . if thou know how ; if not , leave a great space , for great things to be pourtray'd in their place , now draw the shadow of a parliament , as if to scare the upper world 't were sent : cross your selves , gentlemen , for shades will fright , especially if 't be an english sprite : vermillion this man's guilt , cerule his fears ; sink th' others eyes deep in his head with cares : another thoughtsome on accounts to see how his disbursements with receipts agree . peep into coaches , see perriwigs neglected , cross'd arms and legs of such as are suspected , or do suspect what 's coming , and foresee themselves must share in this polutrophy . painter , hast travell'd ? didst thou e'er see rome ? that fam'd piece there , angelo's day of doom ? horror and anguish of descenders there , may teach thee how to paint descenders here . canst thou describe the empty shifts are made , like that which dealers call , forcing of trade . some shift their crimes , some places ; and among the rest , some will their countries too , e'er long . draw in a corner , gamesters , shuffling , cutting , their little crafts , no wit , together putting : how to pack knaves , 'mongst kings and queens , to make a saving game , whilst heads are at the stake . but cross their cards , untill it be confest , of all the play , fair dealing is the best . draw a veil of displeasure , one to hide , and some prepared to strike a blow on 's side . let him that built high , now creep low to shelter , when potentates must tumble helter skelter . the purse , seal , mace , are gone , as it was fit , such marks as these could not chuse but be hit . the purse , seal , mace , are gone ; bartholomew-day , of all the days i' th' year , they 're ta'en away . the purse , seal , mace , are gone : but to another mitre , i wish not so , tho' to my brother : i care not for translation to a see , unless they would translate to italy . now draw a sail playing before the wind , from the north-west ; that which it leaves behind , curses or out-cries , mind them not , tell when they do appear realities , and then spare not to paint them in their colours , though crimes of a viceroy : deputies have so been serv'd e'er now : but if the man prove true , let him with pharoah's butler have his due . make the same wind blow strong against the shore of france , to hinder some from coming o'er . and rather draw the golden vessel burning , even there , than hither with her fraight returning . 't is true , the noble treasurer is gone : wise , faithfull , loyal , some say th ' only one ! yet i will hope we 've pilots left behind can steer our vessel without southern wind . women have grosly snar'd the wisest prince that ever was before , or hath been since : and granham athaliah in that nation , was a great hinderer of reformation . paint in a new peice painted jezebel ; giv 't to adorn the dining room of hell. hang by her others of the gang ; for more deserve a place with rosamond , iane shore , &c. stay painter , now look , here 's below a space i' th' bottom of this , what shall we place ? shall it be pope , or turk , or prince , or nun ? let the resolve be nescio . so have done . expose thy peice now to the world to see , perhaps they 'll say of it , of thee , of me , poems and paints can speak sometimes bold truths , poets and painters are licentious youths . quae sequuntur , in limine t'halami regii , à nescio quo nebulone scripta , reperibantur . bella fugis , bellas sequeris , belloque repugnas et bellatori ▪ sunt tibi bella thori imbelles imbellis amas , audaxque videris mars ad opus veneris , martis ad arma venus . the last instructions to a painter , about the dutch wars , . by a. marvell , esq. after two sittings now our lady-state to end her picture does the third time wait ; but e'er thou fall'st to work , first painter see , if 't be'nt too slight grown , or too hard for thee . canst thou paint without colours , then 't is right ? for so we too without a fleet can fight . or canst thou daub a sign-post , and that ill ? 't will suit our great debauch and little skill . or hast thou mark'd how antique masters limn , the aly-roof with snuff of candle dim , sketching in shady smoak , prodigious tools ? 't will serve this race of drunkards , pimps and fools . but if to match our crimes thy skill presumes , as th' indian draw out luxury in plumes . or if to score out our compendious fame , with hook then through your microscope take aim ; where like the new comptroller all men laugh , to see a tall louse brandish a white staff. else shalt thou off thy guiltless pencil curse . stamp on thy palate , nor perhaps the worse . the painter so long having vext his cloth , of his hounds mouth to feign the raging froth , his desparate pencil at the work did dart ; his anger reacht that rage which past his art. chance finisht that , which art could but begin , and he sate smiling how his dog did grin . so may'st th●u perfect by a lucky blow , what all thy softest touches cannot do . paint then st. albans full of soop and gold , the new courts pattern , stallion of the old . him neither wit nor courage did exalt , but fortune chose him for her pleasure's salt. paint him with dray-mans shoulders , butchers mein , member'd like mule , with elephantine chin. well he the title of st. albans bore ; for never bacon studied nature more : but age allaying now that youthfull heat , fits him in france to play at cards and cheat . draw no commission , lest the court should lye , and disavowing treaty , ask supply ; he needs no seal but to st. james's lease , whose breeches were the instruments of peace . who if the french dispute his power , from thence can strait produce them a plenipotence nor fears he the most christian should trapan two saints at once , st. german , and st. alban ; but thought the golden age was now restor'd , when men and women took each others word . paint then again her highness to the life , philosopher beyond newcastle's wife : she naked can archimedes self put down for an experiment upon the crown . she perfected that engine oft essay'd , how after child-birth to renew a maid ; and found how royal heirs might be matur'd in fewer months than mothers once endur'd . hence crowder made the rare inventress free ol's highnesses royal society . happiest of women if she were but able to make her glassen duke once maleable . ) paint her with oyster lip , and breath of fame , wide mouth , that sparagus may well proclaim ; with chancellors belly , and so large a rump , there ( not behind the coach ) her pages jump : express her studying now , if china-clay can , without breaking , venom'd juice convey . or how a mortal poison she may draw out of the cordial meal of the cacoa . witness the stars of night , and thou the pale moon , that o'ercome with the sick steam didst fail . ye neighbouring elms that your green leaves did shed , and fauns that from the womb abortive fled . not unprovok'd she tries forbidden arts , but in her soft breast loves hid cancer smarts , while she revolves at once sydney's disgrace , and her self scorn'd for emulous denham's face , and nightly hears the hated guards away galloping with the duke to other prey . paint castlemain in colours that will hold her , not her picture , for she now grows old . she thro' her lackey's drawers as he ran , discern'd loves cause , and a new flame began . her wonted joys thenceforth , and court she shuns , and still within her mind the footman runs . his brazen calves , his brawny thighs ( the face she slights ) his feet shap'd for a smoother race . poring within her glass , she re-adjusts her locks , and oft-try'd beauty now distrusts ; fears lest he scorn'd a woman once assay'd , and now first wish't she e'er had been a maid . great love ! how dost thou triumph , and how reign , that to a groom could'st humble her disdain ! stript to her skin , see how she stooping stands , nor scorns to rub him down with those fair hands , and washing ( lest the scent her crime disclose ) his sweaty hoofs , tickles him betwixt the toes . but envious fame too soon began to note more gold in 's fob , more lace upon his coat ; and he unwary , and of tongue too fleet , no longer could conceal his fortune sweet . justly the rogue was whipt in porters den , and jermin streight has leave to come again . ah painter ! now could alexander live , and this campaspe thee apelles give . draw next a pair of tables opening , then the house of commons clattering like the men . describe the court and country both set right on opposite points , the black against the white . those having lost the nation at tick-tack , these now adventuring how to win it back . the dice hetwixt them must the fate divide , ( as chance does still in multitudes decide ) but here the court doth its advantage know , for the cheat turner for them both must throw ; as some from boxes , he so from the chair can strike the dye , and still with them go share . here painter rest a little and survey with what small arts the publick game they play : for so too , rubens with affairs of state his labouring pencil oft would recreate . the close cabal mark'd how the navy eats , and thought all lost that goes not to the cheats . so therefore secretly for peace decrees , yet as for war the parliament would squeeze ; and fix to the revenue such a summ should goodrick silence , and strike paston dumb : should pay land armies , should dissolve the vain commons , and ever such a court maintain , hyde's avarice , bennet's luxury should suffice , and what can these defray but the excise ? excise a monster , worse than e'er before , frighted the midwife , and the mother tore . a thousand hands she has , and thousand eyes , breaks into shops , and into cellars pries . with hundred rows of teeth the shark exceeds , and on all trades , like casawar she feeds ; chops of the piece wheres'e're she close the jaw , else swallows all down her indented maw . she stalks all day in streets conceal'd from sight , and flies like batts with leathern wings by night : she wasts the country , and on cities preys : her of a female harpy in dog-days . black birch , of all the earth-born race most hot , and most rapacious like himself begot ; and of his brat enamour'd , as 't increast , bugger'd in incest with the mongrel beast . say muse , for nothing can escape thy sight , ( and , painter wanting other , draw this fight ) who in an english senate fierce debate could raise so long for this new whore of state. of early wittalls first the troop march'd in ; for diligence renown'd , and discipline . in loyal hast they lest young wives in bed , and denham these with one consent did head . of the old courtiers next a squadron came , that sold their master , led by ashburnham . to them succeeds a despicable rout , but knew the word , and well could face about ; expectants pale with hopes of spoil allur'd , though yet but pioneers , and led by steward . then damning cowards rang'd the vocal plain : wood these command , knight of the horn , and cane ▪ still his hook-shoulder seems the blow to dread , and under 's arm-pit he defends his head. the posture strange men laugh at , of his pole , hid with his elbow like the spice he stole : headless st. dennis so his head does bear , and both of them alike french martyrs were . court officers , as us'd , the next place took , and follow'd f — x , but with disdainfull look . his birth , his youth , his brokage all dispraise in vain ; for always he commands that pays . then the procurers under progers fill'd , gentlest of men , and his lieutenant mild ; bronkard love's squire , through all the field array'd , no troop was better clad , nor so well paid . then marcht the troop of clarendon all full , haters of fowl , to teal preferring bull : gross bodies , grosser minds , and grosser cheats , and bloated wren conducts them to their seats . charleton advances next ( whose wife does awe the mitred troop ) and with his looks gives law. he marches with beaver cockt of bishops brim , and hid much fraud under an aspect grim . next the lawyers mercenary band appear , finch in the front , and thurland in the rear . the troop of priviledge , a rabble bare of debtors deep , fell to trelawney's care ; their fortunes error they supply'd in rage , nor any further would than these ingage . then marcht the troop whose valiant acts before ( their publick acts ) oblig'd them to do more . for chimnies sake they all sir pool obey'd , or in his absence him that first it laid then come the thrifty troop of privateers , whose horses each with other interferes : before them higgins rides with brow compact , mourning his countess anxious for his act. sir frederick and sir solomon draw lots for the command of politicks and scots : thence fell towards — but quarrels to adjourn , their friends agreed they should command by turn . carteret the rich did the accountants guide , and in ill english all the world defy'd . the papists ( but of those the house had none else ) talbot offer'd to have led them on . bold duncomb next of the projectors chief , and old fitz-harding of the eaters beef . late and disorder'd out the drunkards drew , scarce them their leaders , they their leaders knew . before them enter'd equal in command apsley and brotherick marching hand in hand . last then but one powel that could not ride left the french standard weltring in his stride ; he , to excuse his slowness , truth confest . that 't was so long before he could be drest . the lords sons last all these did reinforce , cornbury before them manag'd hobby-horse . never before , nor since an host so steel'd troop'd on to muster in the tuttle-field . not the first cock-horse that with cork was shod to rescue albemarle from the sea-cod : nor the late feather-men whom tomkins fierce shall with one breath like thistle down disperse . all the two coventries their generals chose , for one had much , the other nought to lose . nor better choice all accidents could hit , while hector harry steers by will the wit. they both accept the charge with merry glee , to fight a battle from all gun-shot free . pleas'd with their numbers , yet in valour wise , they feign a parley , better to surprize ; they that e'er long shall the rude dutch upbraid , who in a time of treaty durst invade thick was the morning , and the house was thin , the speaker early , when they all fell in . propitious heavens ! had not you them crost , excise had got the day , and all been lost : for t'other side all in close quarters lay without intelligence , command or pay. a scatterr'd body which the foe ne'er try'd , but often did among themselves divide . and some ran o'er each night , while others sleep , and undescry'd return 'fore morning peep . but strangeways that all night still walk the round , for vigilance and courage both renown'd ; first spy'd the enemy , and gave th' allarm , fighting it single till the rest might arm : such roman cocles stood before the foe , the falling bridge behind , the streams below . each ran as chance him guides to several post , and all to pattern his example , boast ; their former trophies they recall to mind , and to new edge their angry courage grind . first enter'd forward temple , conqueror of irish cattle , and solicitor ; then daring s — r , that with spear and shield had stretcht the monster patent on the field . keen whorwood next in aid of damsel frail , that pierc'd the gyant mordant thro' his mail : and surly williams the accountants bane , and lovelace young of chimny-men the cane . old waller , trumpet-ceneral , swore he 'd write this combat truer than the naval fight . of birth , state , wit , strength , courage , how'rd presumes , and in his breast wears many montezumes . these with some more with single valour stay the adverse troops , and hold them all at bay . each thinks his person represents the whole , and with that thought does multiply his soul ; believes himself an army ; theirs , one man ; as easily conquer'd , and believing , can with heart of bees so full , and head of mites , that each , though duelling , a battle fights . such once orlando famous in romance , broacht whole brigades like larks upon his lance. but strength at last still under number bows , and the faint sweat trickl'd down temples brows ; even iron strangeways chasing yet gave back , spent with fatigue , to breathe a while toback — when marching in , a seasonable recruit of citizens , and merchants , held dispute , and charging all their pikes , a sullen band of presbyterian switzers made a stand . nor could all these the field have long maintain'd , but for th' unknown reserve that still remain'd ; a gross of english gentry nobly born , of clear estates , and to no fact on sworn , dear lovers of their king , and death to meet for country's cause , that glorious thing and sweet , to speak not forward , but in action brave , in giving generous , but in council grave ; candidly credulous for once ; nay twice : but sure the devil can't cheat them thrice . the van and battle , tho' retiring , falls without disorder in their intervals ; then closing all in equal front , fall on , led by great garrway , and great littleton . lee equal to obey , or to command adjutant-general was still at hand . the marshal standard sands displaying shows st. dunstan in it tweaking satan's nose . see sudden chance of war to paint , or write , is longer work , and harder than to fight : at the first charge the enemy give out , and the excise receives a total rout . broken in courage , yet the men the same , resolve henceforth upon their other game ; where force had fail'd , with stratagem to play , and what haste lost , recover by delay . st. albans strait is sent to , to forbear , lest the sure peace ( forsooth ) too soon appear . the seamens clamours to three ends they use , to cheat their pay , feign want , and th' house accuse ▪ each day they bring the tale , and that too true , how strong the dutch their equipage renew . mean time thro' all the yards their orders run , to lay the ships up , cease the keels begun . the timber rots , the useless axe does rust ; th' unpractic'd saw lies buried in its dust ; the busie hammer sleeps , the ropes untwine , the stores and wages all are mine and thine . along the coasts and harbours they take care that money lacks , nor forts be in repair . long thus they cou'd against the house conspire , load them with envy , and with sitting tire : and the lov'd king , and never yet deny'd , is brought to beg in publick , and to chide : but when this fail'd , and months enough were spent , they with the first days proffer seem content ; and to land-tax from the excise turn round , bought off with eighteen hundred thousand pound . thus like fair thieves , the commons purse they share , but all the members lives consulting spare . blither than hare that hath escap'd the hounds , the house prorogu'd , the chanchellour rebounds . not so decripet aeson hasht and stew'd with magick herbs rose from the pot renew'd ; and with fresh age felt his glad limbs unite , his gout ( yet still he curst ) had left him quite . what frosts to fruits , what arsnick to the rat , what to fair denham mortal chocolat : what an account to carteret , that and more , a parliament is to the chancellour . so the sad tree shrinks from the morning's eye , but blooms all night and shoots its branches high . so at the suns recess , again returns , the comet dread , and earth and heaven burns . now mordant may within his castle tower imprison parents , and the child deflower . the irish herd is now let loose , and comes by millions over , not by hecatombs : and now ▪ now the canary patent may be broach'd again for the great holy-day . see how he reigns in his new palace culminant , and sits in state divine like jove the fulminant . first buckingham that durst ' gainst him rebel , blasted with lightning , struck with thunder fell . next the twelve commons are condemn'd to groan , and roll in vain at sisyphus's stone . but still he car'd , whilst in revenge he brav'd that peace secur'd , and money might be sav'd : gain and revenge , revenge and gain are sweet , united most , when most by turns they meet . france had st. albans promis'd ( so they sing ) st. albans promis'd him , and he the king. the count forthwith is order'd all to close , to play for flanders , and the stake to lose . while chain'd together , two embassadors like slaves shall beg for peace at holland's doors . this done , among his cyclops he retires to forge new thunder , and inspect their fires . the court as once of war , now fond of peace , all to new sports their wanton fears release . from greenwich ( where intelligence they hold ) comes news of pastime martial and old . a punishment invented first to awe masculine wives transgressing natures law ; where when the brawny female disobeys , and beats the husband , till for peace he prays , no concern'd jury damage for him finds ; nor partial justice her behaviour binds ; but the just street does the next house invade , mounting the neighbour couple on lean jade ; the distaff knocks , the grains from kettle fly , and boys and girls in troops run hooting by . prudent antiquity ! that knew by shame , better than law , domestick broils to tame ; and taught youth by spectacle innocent , so thou and i dear painter represent in quick effigie , others faults ; and feign , by making them ridic'lous , to restrain : with homely sight they chose thus to relax the joys of state for the new peace and tax . so holland with us had the mastery try'd , and our next neighbours , france and flanders ride . but a fresh news the great designment nips off , at the isle of candy , dutch and ships . bab may , and arlington did wisely scoff , and thought all safe , if they were so far off ; modern geographers ! ' i was there they thought where venice twenty years the turks had sought . ( while the first year our navy is but shewn , the next divided , and the third we 've none ▪ ) they by the name mistook it for that isle where pilgrim palmer travell'd in exile , with the bull 's horn to measure his own head , and on pasiphae's tomb to drop a bead . but morrice learn'd demonstrates by the post , this isle of candy was on essex coast. fresh messengers still the sad news assure , more timorous now we are than first secure ▪ false terrors our believing fears devise , and the french army one from calais spies . bennet and may , and those of shorter reach , change all for guineas and a crown for each ; but wiser men , and men foreseen in chance in holland theirs had lodg'd before , and france . white-hall's unsafe , the court all meditates to fly to windsor and mure up the gates . each doth the other blame , and all distrust , ( but mordant new oblig'd would sure be just . ) not such a fatal stupefaction reign'd at london's flames , nor to the court complain'd . the bloodworth chanc'lor gives , ( then does recall ) orders , amaz'd , at last gives none at all . st. albans writ too , that he may bewail to monsieur lewis and tell coward tale , how that the hollanders do make a noise , threaten to beat us , and are naughty boys . now doleman's disobedient , and they still uncivil , his unkindness would us kill . tell him our ships unrigg'd , our forts unmann'd , our money 's spent , else 't were at his command ; summon him therefore of his word , and prove to move him out of pity , if not love ; pray him to make d'wit and ruyter cease , and whip the dutch , unless they 'll hold their peace . but lewis was of memory but dull , and to st. albans too undutifull : nor word , nor near relation did revere , but ask'd him bluntly for his character . the gravell'd count did with this answer faint , ( his character was that which thou didst paint ) and so enforc'd like enemy or spie , trusses his baggage , and the camp does fly : yet lewis writes , and lest our heart should break , condoles us morally out of seneque . two letters next unto breda are sent , in cypher one to harry excellent : the first entrusts ( our verse that name abhors ) plenipotentiary embassadors ; to prove by scripture , treaty does imply cessation , as the look adultery ; and that by law of arms , in martial strife , who yields his sword , has title to his life . presbyter hollis the first point should clear , the second coventry the cavalier : but would they not be argu'd back from sea , then to return home strait infectâ re . but harry 's order'd , if they won't recall their fleet , to threaten — we will give them all . the dutch are then in proclamation shent , for sin against the eleventh commandment . hyde's flippant style there pleasantly curvets , still his sharp wit on states and princes whets : so spain could not escape his laughter's spleen , none but himself must chuse the king a queen . but when he came the odious clause to pen , that summons up the parliament agen , his writing-master many times he bann'd , and wisht himself the gout to seize his hand ; never old lecher more repugnance felt , consenting for his rupture to be gelt . but still in hope he solac'd e're they come to work the peace , and so to send them home ; or in their hasty call to find a flaw , their acts to vitiate , and them over-aw : but more rely'd upon this dutch pretence , to raise a two-edg'd army for 's defence . first then he march'd our whole militia's force , ( as if alas we ships , or dutch had horse , ) then from the usual common place he blames these , and in standing armies praise declaims : and the wise court , that alway lov'd it dear , now thinks all but too little for their fear . hide stamps , and strait upon the ground the swarms of currant myrmidons appear in arms ; and for their pay he writes as from the king , with that curs'd quill pluckt from a vultures wing , of the whole nation now to ask a loan ; ( the eighteen hundred thousand pounds are gone . ) this done , he pens a proclamation stout in rescue of the bankers banquerout . his minion-imps that in his secret part lie nuzzling at the sacramental wart ; horse-leeches sucking at the haem'royd vein , he sucks the king , they him , he them again . the kingdoms farm he letts to them bids least ; ( greater the bribe ) and cheats at interest . here men induc'd by safety , gain , and ease , their money lodge , confiscate when he please : these can at need , at instant with a scrip ●this lik'd him best ) his cash beyond sea whip ; when dutch invade , and parliament prepare ; how can he engines so convenient spare ? let no man touch them , or demand his own , pain of displeasure of great clarendon . the state affairs thus marshall'd , for the rest , monk in his shirt against the dutch is prest . often ( dear painter ) have i sate and mus'd why he should still b' on all adventures us'd : do they for nothing ill , like ashen-wood , or think him like herb - john for nothing good ? whether his valour they so much admire , or that for cowardise they all retire . as , heaven in storms they call , in gusts of state on monk and parliament , yet both do hate . all causes sure concurr , but must they think under herculian labours he may sink ▪ soon then the independent troops would close , and hyde's last project of his place dispose . ruyter the while that had our ocean curb'd , sail'd now amongst our rivers undisturb'd ; survey'd their chrystal streams and banks so green , and beauties e'er this never naked seen : through the vain sedge the bashfull nymphs he ey'd , bosoms , and all which from themselves they hide . the sun much brighter , and the sky more clear he finds , the air and all things sweeter here : the sudden change , and such a tempting sight swells his old veins with fresh blood , fresh delight . like am'rous victors he begins to shave , and his new face looks in the english wave . his sporting navy all about him swim , and witness their complacence in their trim . their streaming silks play through the weather fair , and with inveigling colours court the air ▪ while the red flags breath on their top-masts high terror and war , but want an enemy . among the shrouds the seamen sit and sing , and wanton boys on every rope do cling : old neptune springs the tydes , and waters lent , ( the gods themselves do help the provident ) and where the deep keel on the shallow cleaves with trident's leaver and great shoulder heaves . aeolus their sails inspires with eastern wind , puffs them along , and breaths upon them kind . with pearly shell , the tritons all the while sound the sea-march , and guide to sheppy isle . so have i seen in april's bud arise , a fleet of clouds sailing along the skies . the liquid region with their squadrons fill'd , their airy 〈…〉 sun behind does guild , and gentle gales them steer , and heaven drives , when all on sudden their calm bosom rives with thunder and lightning from each armed cloud , shepherds themselves in vain in bushes shroud . so up the stream the belgick navy glides , and at sheerness unloads its stormy sides . sprag there , though practis'd in the sea command , with panting heart , lay like a fish on land , and quickly judg'd the fort was not tenable ; which if a house , yet were not tenantable . no man can sit there safe , the cannon pours through the walls untight , and bullets showers . the neighbourhood ill , and an unwholsome seat , so at the first salute resolves retreat ; and swore that he would never more dwell there , untill the city put it in repair . so he in front , his garrison in rear , march'd streight to chatham to increase the fear : there our sick ships unrigg'd in summer lay , like moulting fowl , a weak and easie prey : for whose strong bulk earth scarce could timber find , the ocean water , or the heaven's wind . those oaken gyants of the ancient race , that rul'd all seas , and did our channel grace . the conscious stag , tho' once the forest's dread , flies to the wood , and hides his armless head : ruyter forthwith a squadron does untack , they sail securely through the river's track . an english pilot too ( oh shame ! oh sin ! ) cheated of 's pay , was he that shew'd them in . our wretched ships within their fate attend , and all our hopes now on frail chain depend : ( engine so slight to guard us from the sea , it fitter seem'd to captivate a flea , ) a skipper rude shocks it without respect , filling his sails more force to recollect . th' english from shore the iron deaf invoke for its last aid , hold chain , or we are broke ! but with her sailing weight the holland keel , snapping the brittle links , does thorough reel , and to the rest the opened passage shew : monk from the bank that dismal sight does view . our feather'd gallants which came down that day to be spectators safe of the new play , leave him alone when first they hear the gun , ( cornb'ry the fleetest ) and to london run . our seamen , whom no dangers shape could fright , unpaid , refuse to mount our ships for spight : or to their fellows swim on board the dutch , who shew the tempting metal in their clutch . oft had he sent , of duncomb and of legg cannon and powder , but in vain , to beg ; and vpnor castle 's ill deserted wall , now needfull does for ammunition call . he finds , wheres'ere he succour might expect , confusion , folly , treachery , fear , neglect . but when the royal charles ( what rage ! what grief ! ) he saw seiz'd , and could give her no relief ; that sacred keel that had , as he , restor'd it 's exil'd sov'raign on its happy board , and thence the british admiral became , crown'd for that merit with his master's name : that pleasure-boat of war , in whose dear side secure , so oft he had this foe defy'd , now a cheap spoil , and the mean victors slave , taught the dutch colours from its top to wave ; of former glories the reproachfull thought with present shame compar'd , his mind distraught . such from euphrates bank a tigress fell after her robbers for her whelps does yell ; but sees enrag'd the river flow between , frustrate revenge , and love by loss more keen ; at her own breast her useless claws does arm , she ●ears her self ▪ 'cause him she cannot harm . the guards plac'd for the chain 's and fleet 's defenc● long since were fled on many a feign'd pretence . daniel had there adventur'd , man of might , sweet painter , draw his picture while i write . paint him of person tall , and big of bone , large limbs like ox , not to be kill'd but shewn ; scarce can burnt iv'ry feign a hair so black , or face so red , thine oker and thy lack , mix a vain terror in his martial look , and all those lines by which men are mistook ; but when by shame constrain'd to go on board , he heard how the wild cannon nearer roar'd , and saw himself confin'd like sheep in pen , daniel then thought he was in lions den : but when the frightfull fire-ships he saw , pregnant with sulphur nearer to him draw , captain , lieutenant , ensign , all make hast , e'er in the fiery furnace they be cast ; three children tall unsing'd , away they row , like shadrack , mesheck and abednego . each dolefull day still with fresh loss returns , the loyal london now a third time burns . and the true royal oak and royal iames , ally'd in fate , encrease with theirs her flames . of all our navy none should now survive , but that the ships themselves were taught to dive ; and the kind river in its creek them hides , fraughting their pierced keels with ouzy sides ; up to the bridge contagious terror struck , the tow'r it self with the near danger shook , and were not ruyter's maw with ravage cloy'd , ev'n london's ashes had been then destroy'd . officious fear , however to prevent our loss , does so much more our loss augment ▪ the dutch had robb'd those jewels of the crown , our merchant-men , lest they should burn , we drown : so when the fire did not enough devour , the houses were demolish'd near the tow'r . those ships that yearly from their teeming hole unloaded here the birth of either pole , fir from the north , and silver from the west , from the south perfumes , spices from the east ; from gambo gold , and from the ganges jems , take a short voyage underneath the thames : once a deep river , now with timber floor'd , and shrunk , less navigable , to a ford. now nothing more at chatham's left to burn , the holland squadron leisurely return , and spight of ruperts and of albermarles , to ruyter's triumph led the captive charles . the pleasing sight he often does prolong , her mast erect , tough cordage , timber strong , her moving shape , all these he doth survey , and all admires , but most his easie prey ▪ the seamen search her all within , without , viewing her strength , they yet their conquest doubt ; then with rude shouts secure , the air they vex , with gamesom joy insulting on her decks ; such the fear'd hebrew captive , blinded , shorn , was led about in sport , the publick scorn . black day accurst ! on thee let no man hale out of the port , or dare to hoyse a sail , or row a boat in thy unlucky hour , thee , the years monster , let thy dam devour ; and constant time to keep his course yet right , fill up thy space with a redoubled night . when aged thames was bound with fetters base , and medway chaste ravisht before his face , and their dear offspring murder'd in their sight , thou and thy fellows held'st the odious light . sad chance since first that happy pair was wed , when all the rivers grac'd their nuptial bed , and father neptune promis'd to resign his empire old to their immortal line ; now with vain grief their vainer hopes they rue , themselves dishonour'd , and the gods untrue ; and to each other helpless couple mourn , as the sad tortoise for the sea does groan : but most they for their darling charles complain , and were it burnt , yet less would be their pain . to see that fatal pledge of sea command , now in the ravisher de ruyter's hand , the thames roar'd , swooning medway turn'd her tyde , and were they mortal , both for grief had dy'd . the court in farthing yet it self does please , ( and female steward there rules the four seas , ) but fate does still accumulate our woes , and richmond her commands as ruyter those . after this loss , to relish discontent , some one must be accus'd by punishment ; all our miscarriages on pett must fall , his name alone seems fit to answer all . whose counsel first did this mad war beget ? who all commands sold through the navy ? pett . who would not follow when the dutch were beat ? who treated out the time at bergen ? pett . who the dutch fleet with storms disabled met ? and rifling prizes them neglected ? pett . who with false news prevented the gazette , the fleet divided , writ for rupert ? pett . who all our seamen cheated of their debt , and all our prizes who did swallow ? pett . who did advise no navy out to set ? and who the forts left unprepared ? pett . who to supply with powder did forget languard , sheerness , gravesend and upnor ? pett . who all our ships expos'd in chattham nett ? who should it be but the fanatick pett ? pett , the sea-architect in making ships , was the first cause of all these naval slips . had he not built , none of these faults had been ; if no creation , there had been no sin ▪ but his great crime , one boat away he sent , that lost our fleet , and did our flight prevent . then that reward might in its turn take place , and march with punishment in equal pace : southampton dead , much of the treasure 's care and place in council fell to duncomb's share . all men admir'd , he to that pitch could fly , powder ne'er blew man up so soon , so high ; but sure his late good husbandry in peeter , shew'd him to manage the exchequer meeter ; and who the forts would not vouchsafe a corn , to lavish the king's monoy more would scorn . who hath no chimneys , to give all , is best , and a blest speaker , who of law hath least . who less estate for treasurer most fit , and for a chanc'lour he that has least wit. but the true cause was that in 's brother may , th' exchequer might the privy purse obey . and now draws near the parliaments return , hide and the court again begin to mourn ; frequent in council , earnest in debate , all arts they try how to prolong its date . grave primate shelden ( much in preaching there ) blames the last session , and this more does fear ; with boynton or with middleton 't were sweet , but with a parliament abhorrs to meet ; and thinks 't will ne'er be well within this nation , till it be govern'd by a convocation . but in the thames-mouth still de ruyter lay'd , the peace not sure , new army must be paid ; hide saith he hourly waits for a dispatch , harry came post just as he shew'd his watch ; all to agree the articles were clear , the holland fleet and parliament so near : yet harry must jobb back and all mature , binding e're th' houses meet the treaty sure , and 'twixt necessity and spight , till then let them come up so to go down agen ▪ up ambles country justice on his pad , and vest bespeaks to be more seemly clad : plain gentlemen are in stage-coach o'rethrown , and deputy lieutenants in their own ; the portly burgess through the weather hot does for his corporation sweat and trot ; and all with sun and choller come adust , and threaten hide to raise a greater dust . but fresh , as from the mint , the courtiers fine salute them , smiling at their vain design ; and turner gay up to his perch doth march ▪ with face new bleacht , smoothed and stiff with starch , tells them he at whitehall had took a turn , and for three days thence moves them to adjourn . not so , quoth tomkins , and straight drew his tongue , trusty as steel that always ready hung , and so proceeding in his motion warm , th' army soon rais'd he doth as soon disarm . true trojan ! whilst this town can girls afford , and long as cyder lasts in hereford , the girls shall always kiss thee , though grown old , and in eternal healths thy name be troul'd . meanwhile the certain news of peace arrives at court , and so reprieves their guilty lives . hyde orders turner that he should come late , lest some new tomkins spring a fresh debate : the king that early rais'd was from his rest , expects , as at a play , till turner's drest . at last together eaton came and he , no dial more could with the sun agree : the speaker summond to the lords repairs , nor gave the commons leave to say their pray'rs , but like his pris'ners to the bar them led , where mute , they stand to hear their sentence read ; trembling with joy and fear , hide them prorogues , and had almost mistook , and call'd them rogues . dear painter , draw this speaker to the foot , where pencil cannot , there my pen shall do 't . that may his body , this his mind explain ; paint him in golden gown with maces train ; bright hair , fair face , obscure , and dull of head , like knife with iv'ry haft , and edge of lead : at prayers his eyes turn up the pious white , but all the while his private bill's in sight : in chair he smoaking sits like master cook , and a poll-bill does like his apron look . well was he skill'd to season any question , and make a sawce fit for whitehall's digestion : whence every day the palate more to tickle , court-mushroms ready are sent in to pickle . when grievances urg'd he swells like squatted toad , frisks like a frog to croak a taxes load : his patient piss he could hold longer than an urinal , and sit like any hen ; at table jolly as a country host , and soaks his sack with norfolk like a toast ; at night than chanticlere more brisk and hot , and serjeants wife serves him for portelott . paint last the king , and a dead shade of night , only disperst by a weak tapers light : and those bright gleams that dart along and glare from his clear eyes ( yet these too dart with care ) there , as in the calm horror all alone , he wakes and muses of th' uneasie throne : raise up a sudden shape with virgins face , though ill agree her posture , hour or place ; naked as born , and her round arms behind , with her own tresses interwove and twin'd : her mouth lockt up , a blind before her eyes , yet from beneath her veil her blushes rise , and silent tears her secret anguish speak ; her heart throbs , and with very shame would break· the object strange in him no terror mov'd , he wondred first , then pitied , then he lov'd ; and with kind hand does the coy vision press , whose beauty greater seem'd by her distress : but soon shrunk back , chill'd with a touch so cold , and th' airy picture vanisht from his hold . in his deep thoughts the wonder did increase , and he divin'd 't was england , or the peace . express him startling next , with list'ning ear , as one that some unusual noise doth hear ; with cannons , trumpets , drums , his door surround , but let some other painter draw the sound : thrice he did rise , thrice the vain tumult fled , but again thunders when he lies in bed . his mind secure does the vain stroke repeat , and finds the drums lewis's march did beat . shake then the room , and all his curtains tear , and with blue streaks infect the taper clear , while the pale ghost his eye doth fixt admire of grandsire harry , and of charles his sire . harry sits down , and in his open side the grisly wound reveals of which he dy'd : and ghostly charles , turning his coller low , the purple thred about his neck doth shew : then whisp'ring to his son in words unheard , through the lockt door , both of them disappear'd : the wondrous night the pensive king revolves , and rising straight on hide 's disgrace resolves . at his first step he castlemain does find , bennet and coventry as 't were design'd ; and they not knowing the same thing propose , which his hid mind did in his depths inclose : through their feign'd speech their secret hearts he knew , to her own husband castlemain untrue ; false to his master bristol , arlington and coventry falser than any one , who to his brother , brother would betray ; nor therefore trusts himself to such as they . his father's ghost too whisper'd him one note , that who does cut his purse will cut his throat : but in wise anger he their crimes forbear , as thieves repriev'd from executioner : while hide provok't his foaming tusk does whet , to prove them traytors , and himself the pett . painter , adieu : how well our arts agree ! poetick picture , painted poetry ! but this great work is for our monarch fit , and henceforth charles only to charles shall sit . his master-hand the ancients shall out-do , himself , the painter , and the poet too . to the king . so his bold tube man to the sun apply'd , and spots unknown in the bright star descry'd , shew'd they obscure him , while too near they please , and seem his courtiers are but his disease . through optick trunk the planet seem'd to hear , and hurls them off e'er since in his career . and you ( great sir ) that with him empire share , seen of our world , as he the charles is there ; blame not the muse that brought those spots to sight , which in your splendor hid , corrode your light : ( kings in the country oft have gone astray , nor of a peasant scorn'd to learn the way , ) would she the unattended throne reduce , banishing love , trust , ornament and use ; better it were to live in cloyster's lock , or in fair fields to rule the easy flock ; she blames them only who the court restrain , and where all england serves themselves would reign . bold and accurst are they that all this while have strove to isle this monarch from this isle ; and to improve themselves by false pretence , about the common prince have rais'd a fence : the kingdom from the crown distinct would see , and peel the bark to burn at last the tree . but ceres corn , and flora is the spring , bacchus is wine , the country is the king. not so does rust insinuating wear , nor powder so the vaulted bastion tear : nor earthquakes so an hollow isle o'erwhelm , as scratching courtiers undermine a realm . and through the palaces foundations bore , burrowing themselves to hoard their guilty store . the smallest vermin make the greatest waste , and a poor warren once a city rac't . but they whom born to vertue and to wealth , nor guilt to flatt'ry binds , nor want to stealth ; whose gen'rous conscience , and whose courage high , does with clear councils their large souls supply ; that serve the king with their estates and care , and as in love on parliaments can stare ; where few the number , choice is there less hard ; give us this court , and rule without a guard. by a. m. the loyal scot. by cleaveland's ghost , upon the death of captain douglas , burnt on his ship at chatham . of the old heroes , when the warlike shades saw douglas marching on the elysium glades , they all consulting gather'd in a ring , which of their poets should his welcome sing : and as a favourable penance chose cleaveland , on whom they would that task impose . he understood but willingly addrest his ready muse to court that noble guest . much had he cur'd the tumour of his vein , he judg'd more clearly now , and saw more plain ; for those soft airs had temper'd every thought , and of wise lethe he had drunk a draught . abruptly he began , disguising art , as of his satyr this had been a part . not so , brave douglas , on whose lovely chin , the early down but newly did begin : and modest beauty yet his sex did veil , while envious virgins hopes he is a male. his yellow locks curles back themselves to seek , nor other courtship knew but to his cheek . oft as he in chill esk or seyn by night , hardned and cool'd , his limbs so soft , so white ; among the reeds to be espy'd by him the nymphs would rustle , he would forwards swim ; they sigh'd , and said , fond boy , why so untame , that fly'st loves fires , reserv'd for other flame ? first on his ship he fac't that horrid day , and wondered much at those that run away : no other fear himself could comprehend , than least heaven fall e'er thither he ascend ; but entertains the while his time too short , with birding at the dutch , as if in sport ; or waves his sword , and could he them conjure within his circle , knows himself secure . the fatal bark him boards with grappling fire , and safely through its port the dutch retire . that precious life he yet disdains to save , or with known art to try the gentle wave ; much him the honour of his ancient race inspir'd , nor would he his own deeds deface ; and secret joy in his calm soul does rise , that monk looks on to see how dowglas dies . like a glad lover the fierce flames he meets , and tries his first embraces in their sheets : his shape exact , which the bright flames infold , like the suns statue stands of burnisht gold. round the transparent fire about him glows , as the clear amber on the bees does close ; and as on angels heads their glories shine , his burning locks adorn his face divine . but when in his immortal mind he felt his alt'ring form , and soder'd limbs to melt ; down on the deck he laid himself , and dy'd , with his dear sword reposing by his side : and on the flaming plank so rests his head , as one that warm'd himself , and went to bed. his ship burns down , and with his reliques sinks , and the sad stream beneath his ashes drinks . fortunate boy ! if either pencils fame , or if my verse can propagate thy name ; when aeta and alcides are forgot , our english youth shall sing the valiant scot. skip saddles pegasus , thou needst not brag , sometimes the galloway proves the better nag . shall not a death so generous , when told , unite our distance , fill our breaches old ? such in the roman forum , curtius brave galloping down , clos'd up the gaping cave . nor more discourse of scotch and english race , no chaunt the fabulous hunt of chevy chase. mixt in corinthian metal at thy flame our nations melting , thy colossus frame ; prick down the point , whoever has the art , where nature scotland does from england part . anatomists may sooner fix the cells where life resides , and understanding dwells : but this we know , though that exceeds our skill , that whosoever separates them does ill . will you the tweed that sullen bounder call of soyl , of vvit , of manners , and of all ? vvhy draw you not as well the thrifty line from thames , from humber , or at least the tine ? so may we the state corpulence redress , and little england , when we please make less . vvhat ethic river is this wond'rous tweed , vvhose one bank vertue , t'other vice does breed ? or what new perpendicular does rise up from her streams , continu'd to the skies , that between us the common air should bar , and split the influence of every star ? but who considers right , will find , indeed , 't is holy island parts us , not the tweed . nothing but clergy could us two seclude , no scotch was ever like a bishop's feud . all litanies in this have wanted faith ; there 's no deliver us , from a bishop's wrath. never shall calvin pardon'd be for sales , never , for burnet's sake , the lauderdales ; for becket's sake kent always shall have tails . who sermons e'er can pacifie and prayers ? or to the joynt-stools reconcile the chairs ? though kingdoms joyn , yet church will kirk oppose , the mitre still divides , the crown does close ; as in rogation week they whip us round , to keep in mind the scotch and english bound . what the ocean binds , is by the bishops rent , then sees make islands in our continent . nature in vain us in one land compiles , if the cathedral still shall have its isles . nothing , not bogs , nor sands , nor seas , nor alps , separate the world so as the bishops scalps . scretch for the line , their circingle alone ' i will make a more unhabitable zone . the friendly load-stone has not more combin'd , than bishops crampt the commerce of mankind . had it not been for such a biass strong , two nations had ne'er miss'd the mark so long . the vvorld in all doth but two nations bear , the good , the bad , and these mixt every where : und●● each pole place either of these two ; the bad will basely , good will bravely do . and few , indeed , can parallel our climes , for vvorth heroick , or heroick crimes . the tryal would , however , be too nice , which stronger were , a scotch or english vice : or whether the same virtue would reflect from scotch or english heart the same effect . nation is all but name , a shiboleth , where a mistaken accent causes death . in paradise names only nature show'd , at babel names from pride and discord flow'd ; and ever since men with a female spight , first call each other names , and then they fight . scotland and england , cause of just uproar , do man and wife signifie , rogue and whore. say but a scot , and straight we fall to sides , that syllable like a picts's vvall divides . rational mens words , pledges are of peace , perverted , serve dissention to increase . for shame extirpate from each loyal breast , that senceless rancour against interest . one king , one faith , one language , and one isle , english and scotch , 't is all but cross and pile . charles , our great soul , this only understands , he our affections both , and vvills commands . and where twin-sympathies cannot attone , knows the last secret , how to make us one . just so the prudent husbandman that sees the idle tumult of his factious bees ; the morning dews , and flowers neglected grown , the hive a comb-case , every bee a drone ; powders them o'er , till none discerns his foes , and all themselves in meal and friendship lose : the insect kingdom straight begins to thrive , and all work honey for the common hive . pardon , young hero , this so long transport , thy death more noble did the same extort . my former satyr for this verse forget ; my fault against my recantation set . ● single did against a nation write , against a nation thou didst single fight . my differing crimes does more thy virtue raise , and such my rashness best thy valour praise . here douglas smiling said , he did intend , after suck frankness shewn , to be his friend forewarn'd him therefore , lest in time he were metempsycos'd to some scotch presbyter . by a. m. britannia and raleigh . by a. marvel , esq brit. ah raleigh , when thou didst thy breath resign to trembling james , would i h'd quitted mine ▪ cubs didst thou call them ? hadst thou seen this brood of earls , dukes , and princes of the blood ; no more of scottish race thou wouldst complain , these would be blessings in this spurious reign . awake , arise from thy long blest repose , once more with me partake of mortal vvoes . ra. what mighty pow'r hath forc'd me from my rest ? oh mighty queen , why so untimely drest ? brit. favour'd by night , conceal'd in this disguise , vvhilst the lewd court in drunken slumber lies , i stole away ; and never will return , till england knows who did her city burn : till cavaliers shall favourites be deem'd , and loyal sufferers by the court esteem'd : till leigh and galloway shall bribes reject ; thus o — ns golden cheat i shall detect : till atheist lauderdale shall leave this land , and commons votes shall cut-nose guards disband : till kate a happy mother shall become , till charles loves parliaments , and james hates rome . ral. vvhat fatal crimes make you for ever fly your once lov'd court , and martyr's progeny ? brit. a colony of french possess the court ; pimps , priests , buffoons , in privy-chamber sport . such slimy monsters ne'er approacht a throne since pharaoh's days , nor so defil'd a crown . in sacred ear tyrannick arts they croak , pervert his mind , and good intention choak : tell him of golden indies , fairy lands , leviathan , and absolute commands . thus fairy-like the king they steal away , and in his room a changling lewis lay . how oft have i him to himself restor'd , in 's left the scale , in 's right-hand plac'd the sword ? taught him their use , what dangers would ensue , to them who strive to separate these two ? the bloody scotish chronicle read o'er , shew'd him how many kings in purple gore were hurl'd to hell by cruel tyrant lore . the other day fam'd spencer i did bring , in lofty notes , tudor's blest race to sing ; how spain's proud powers her virgin arms controul'd , and golden days in peaceful order roul'd : how like ripe fruit she dropt from off her throne , full of grey hairs , good deeds and great renown . as the jessean hero did appease saul's stormy rage , and stopt his black disease ; so the learn'd bard , with artful song supprest the swelling passion of his canker'd breast : and in his heart kind influences shed of countrys love , by truth and justice bred : then to perform the cure so well begun , to him i shew'd this glorious setting sun. how by her peoples looks pursu'd from far , so mounted on a bright celestial car out-shining virgo or the julian star. whilst in truth 's mirrour this good scene he spy'd , enter'd a dame bedeck'd with spotted pride , fair flower-de-luce within an azure field , her left-hand bears the antient gallick shield , by her usurp'd ; her right a bloody sword , inscrib'd leviathan , our sovereign lord ; her tow'ry front a fiery meteor bears , an exhalation bred of blood and tears ; around her jove's lewd rav'nous curs complain , pale death , lust , tortures , fill her pompous train : she from the easie king truth 's mirrour took , and on the ground in spiteful fall it broke ; then frowning , thus , with proud disdain , she spoke : are thred-bare virtues ornaments for kings ? such poor pedantick toys teach underlings ! do monarchs rise by virtue , or by sword ? who e'er grew great by keeping of his word ? virtue 's a faint green-sickness to brave souls , dastards their hearts , their active heat controuls : the rival god , monarchs of t'other vvorld , this mortal poyson among princes hurl'd ; fearing the mighty projects of the great , shall drive them from their proud celestial seat , if not o'er-aw'd : this new found holy cheat , those pious frauds too slight t' insnare the brave , are proper arts the long●ear'd rout t'inslave . bribe hungry priests to deifie your might , to teach your will 's your only rule to right , and sound damnation to all that dare deny 't . thus heavens designs 'gainst heaven you shall turn , and make them feel those powers they once did scorn , when all the gobling interest of mankind , by hirelings sold to you , shall be resign'd ; and by impostures god and man betray'd , the church and state you safely may invade : so boundless lewis in full glory shines , whilst your starv'd power in legal fetters pines . shake off those baby-bands from your strong arms , henceforth be deaf to that old witches charms : tast the delicious sweets of sovereign power , 't is royal game whole kingdoms to deflower . three spotless virgins to your bed i 'll bring , a sacrifice to you their god and king : as these grow stale we 'll harrass human kind , rack nature , till new pleasures you shall find , strong as your reign , and beauteous as your mind . when she had spoke a confus'd murmur rose , of french , scotch , irish , all my mortal foes : some english too , o shame ! disguis'd i spy'd , led all by the wise son in law of hide : with fury drunk , like bachanals , they roar , down with that common magna charta whore. with joynt consent , on helpless me they flew , and from my charles to a base goal me drew : my reverend age expos'd to scorn and shame , to prigs , bawds , whores , was made the publick game . frequent addresses to my charles i send , and my sad state did to his care commend : but his fair soul transform'd by that french dame , had lost a sense of honour , justice , fame . like a tame spinster in 's seraigl ' he sits , besieg'd by whores , buffoons , and bastards chits ; lull'd in security , rowling in lust , resigns his crown to angel carwell's trust. her creature o — the revenue steals , false f — h , knave ang — esy , misguide the seals : mac-james the irish biggots does adore ; his french and teague commands on sea and shore : the scotch-scalado of our court two isles , false lauderdale with ordure all defiles . thus the states night marr'd by this hellish rout , and no one left these furies to cast out . ah! vindex come , and purge the poyson'd state ; descend , descend , e'er the cure's desperate . ral. once more great queen thy darling strive to save , snatch him again from scandal and the grave : present to 's thoughts his long scorn'd parliament , the basis of his throne and government . in his deaf ears sound his dead father's name ; perhaps that spell may's erring soul reclaim . who knows what good effects from thence may spring ? 't is god-like good to save a falling king. brit. rawleigh , no more ; for long in vain i 've try'd , the stewart from the tyrant to divide ; as easily learn'd vertuoso's may with the dog's blood his gentle kind convey into the wolf , and make him guardian turn , to the bleating flock , by him so lately torn . if this imperial juice once taint his blood , 't is by no potent antidote withstood . tyrants , like lep'rous kings , for publick weal should be immur'd , lest the contagion steal over the whole . th' elect of the jessean line , to this firm law their scepter did resign . and shall this base tyrannick brood evade eternal laws , by god for mankind made . to the serene venetian state i 'll go , from her sage mouth fam'd principles to know : with her the prudence of the ancients read , to teach my people in their steps to tread . by their great pattern such a state i 'll frame , shall eternize a glorious lasting name . till then , my raleigh , teach our noble youth to love sobriety , and holy truth . watch and preside over their tender age , lest court-corruption should their soul engage . teach them how arts and arms in thy young days employ'd our youth , not taverns , stews and plays . tell them the generous scorn their rise does owe to flattery , pimping , and a gawdy show . teach them to scorn the carwells , portsmouths , nells , the clevelands , o — berties , lauderdales , poppea , tegoline , and arteria's name , who yield to these in lewdness , lust and fame . make 'em admire the talbots , sidneys , veres , drake , cav'ndish , blake ; men void of slavish fears , true sons of glory , pillars of the state , on whose fam'd deeds all tongues and writers wait : when with fierce ardour their bright souls do burn , back to my dearest country i 'll return . tarquin's just judg , and caesar's equals peers , with them i 'll bring to dry my peoples tears . publicola with healing hands shall pour balm in their wounds , and shall their life restore : greek arts , and roman arms , in her conjoyn'd shall england raise , relieve opprest mankind . as jove's great son th' infested globe did free from noxious monsters , hell-born tyranny : so shall my england , in a holy war , in triumph lead chain'd tyrants from a far : her true crusado shall at last pull down the turkish crescent , and the persian sun. freed by thy labours , fortunate , blest isle , the earth shall rest , the heaven shall on thee smile ; and this kind secret for reward shall give , no poyson'd tyrants on thy earth shall live . advice to a painter . by a. marvell , esq spread a lage canvass , painter , to contain the great assembly , and the num'rous train ; where all about him shall in triumph sit abhorring wisdom , and despising wit ; hating all justice , and resolv'd to fight , to rob their native country of their right . first draw his highness prostrate to the south , adoring rome , this label in his mouth . most holy father , being joyn'd in league with father patrick , d — , and with teague ; thrown at your sacred feet i humbly bow , i , and the wise associates of my vow : a vow , nor fire nor sword shall ever end , till all this nation to your foot-stool bend : thus arm'd with zeal and blessings from your hands , i 'll raise my papists , and my irish bands ; and by a noble well-contrived plot , manag'd by wise fitz-gerald , and by scot , prove to the world , i 'll make old england know , that common sence is my eternal foe . i ne'er can fight in a more glorious cause , than to destroy their liberty and laws ; their house of commons and their house of lords ; their parchment presidents , and dull records , shall these e'er dare to contradict my will , and think a prince o' th' blood can e'er do ill ? it is our birth-right to have power to kill . shall they e'er dare to think they shall decide the way to heaven ? and who shall be my guide ? shall they pretend to say , that bread is bread , if we affirm it is a god indeed ? or that there 's no purgatory for the dead ? that extreme unction it s but common oyl , and not infallible the roman soil . i 'll have those villains in our notions rest ; and i do say it , therefore it 's the best . next , painter , draw his mordant by his side , conveying his religion , and his bride : he who long since abjur'd the royal line , does now in popery with his master joyn . then draw the princess with her golden locks , hastning to be envenom'd with the p — and in her youthful veins receive a wound , vvhich sent n.h. before her under ground ; the wound of which the tainted c — t fades , laid up in store for a new set of maids . poor princess , born under a sullen star , to find such vvelcome when you came so far ! better some jealous neighbour of your own had call'd you to a sound though petty throne : vvhere 'twixt a wholsom husband and a page , you might have linger'd out out a lazy age , than on dull hopes of being here a q — e'er twenty dye , and rot before fifteen . now , painter , shew us in the blackest dye , the counsellors of all this villany . clifford , who first appear'd in humble guise , vvas always thought too gentle , meek , and wise : but when he came to act upon the stage , he prov'd the mad cathegus of our age. he , and his duke , had both too great a mind , to be by justice or by law confin'd : their boiling heads can bear no other sounds , than fleets and armies , battles , blood and vvounds ; and to destroy our liberty , they hope by irish fools , and an old doting pope . next , talbot , must by his great master stand , laden with folly , flesh , and ill got land : he 's of a size indeed to fill a porch , but ne'er can make a pillar of the church ; his sword is all his argument , not his book , although no scholar , he can act the cook ; and will cut throats again , if he be paid ; in th' irish shambles he first learn'd the trade . then painter shew thy skill , and in fit place let 's see the nuncio arundel's sweet face ; let the beholders by thy art espy his sense and soul , as squinting as his eye . let bellasis autumnal face be seen , rich with the spoils of a poor algerine ; vvho trusting in him , was by him betray'd , and so shall we when his advice's obey'd : the heroe once got honour by the sword , he got his vvealth by breaking of his vvord ; and now his daughter he hath got with child , and pimps to have his family defil'd , next painter draw the rabble of the plot. german , fitz-gerald , loftus , porter , scot : these are fit heads indeed , to turn a state , and change the order of a nation 's fate ; ten thousand such as these shall ne'er controul the smallest atome of an enlish soul. old england on its strong foundation stands , defying all their heads and all their hands ▪ its steady basis never could be shook , when wiser men her ruin undertook : and can her guardian-angel let her stoop at last , to mad-men , fools and to the pope ? no painter , no ; close up this piece , and see this crowd of traytors hang'd in effigie . to the king . great charles , who full of mercy would'st command in peace and pleasure this thy native land ; at last take pity of thy tottering throne , shook by the faults of others , not thine own . let not thy life and crown together end . destroy'd by a false brother and a friend . observe the danger that appears so near , that all your subjects do each minute fear : one drop of poison , or a popish knife , ends all the joys of england with thy life . brothers , 't is true , by nature , should be kind ; but a too zealous and ambitious mind , brib'd with a crown on earth , and one above , harbours no friendship , tenderness , or love : see in all ages what examples are of monarchs murther'd by their impatient heir . hard fate of princes , who will ne'er believe , till the stroke's struck which they can ne'er retrieve . nostradamus's prophecy . by a. marvell , esq for faults and follies london's doom shall fix , and she must sink in flames in sixty six ; fire-balls shall fly , but few shall see the train , as far as from white-hall to pudding-lane ; to burn the city which again shall rise , beyond all hopes , aspiring to the skies , where vengeance dwells . but there is one thing more ( tho its walls stand ) shall bring the city low'r : when legislators shall their trust betray , saving their own , shall give the rest away ; and those false men by th' easie people sent , give taxes to the king by parliament ; when bare-fac'd villains shall not blush to cheat , and chequer doors shall shut up lombard-street : when players come to act the part of queens , within the curtains , and behind the scenes : when sodomy shall be prime min'sters sport , and whoring shall be the least crime at court : when boys shall take their sisters for their mate , and practice incest between seven and eight : when no man knows in whom to put his trust , and e'en to rob the chequer shall be just : when declarations , lies , and every oath shall be in use at court , but faith and troth , when two good kings shall be at brentford town , and when in london there shall be not one ; when the seat's given to a talking fool , whom wise men laugh at , and whom women rule ; a min'ster able only in his tongue , to make harsh empty speeches two hours long : when an old scotch covenanter shall be the champion for th' english hierarchy : when bishops shall lay all religion by , and strive by law t' establish tyranny : when a lean treasurer shall in one year make himself fat , his king and people bare : when th' english prince shall english men despise , and think french only loyal , irish wise : whon wooden shoon shall be the english wear , and magna charta shall no more appear ; then th' english shall a greater tyrant know , than either greek or latin story shew ; their vvives to 's lust expos'd , their vvealth to 's spoil , vvith groans to fill his treasury they toil ; but like the bellides , must sigh in vain ; for that still fill'd , flows out as fast again : then they with envious eyes shall belgium see , and wish in vain venetian liberty . the frogs too late grown weary of their pain , shall pray to jove to take him back again . sir edmundbury godfrey's ghost . it happen'd in the twy-light of the day , as england's monarch in his closet lay , and chiffinch step'd to fetch the female-prey . the bloody shape of godfrey did appear , and in sad vocal sounds these things declare : " behold , great sir , i from the shades am sent , " to shew these vvounds that did your fall prevent . " my panting ghost , as envoy , comes to call , " and warn you , lest , like me , y' untimely fall ; " vvho against law your subjects lives pursue , " by the same rule may dare to murder you . " i , for religion , laws , and liberties , " am mangled thus , and made a sacrifice . " think what befel great egypt's hardned king , " vvho scorn'd the prophet's oft admonishing . " shake off your brandy-slumbers ; for my vvords " more truth than all your close cabal affords : " a court you have with luxury o'er-grown , " and all the vices e'er in nature known ; " vvhere pimps and pandors in their coaches ride , " and in lampoons and songs your lust deride . " old bawds and slighted whores , there tell with shame , " the dull romance of your lascivious flame . " players and scaramoches are your joy ; " priests and french apes do all your land annoy : " still so profuse , you are insolvent grown ▪ " a mighty bankrupt on a golden 〈◊〉 " your nauseous palate the worst food doth crave ; " no wholsom viands can an entrance have : " each night you lodge in that french syren's arms , " she strait betrays you with her wanton charms ; " vvorks on your heart , softned with love and vvine , " and then betrays you to some philistine . " imperial lust does o'er your sceptre sway ; " and though a sovereign , makes you to obey . " she that from lisbon came with such renown , " and to inrich you with the afric town . " in nature mild , and gentle as a dove ; " yet for religion can a serpent prove : " priest-rid with zeal , she plots , and did design " to cut your thread of life , as well as mine : " yet thoughts so stupid have your soul possest , " as if inchanted by some magick priest : " there 's no example urge you to relent , " you pardon guilty , punish innocent . " next he who 'gainst the senate's vote did wed , " took defil'd h. and este to his bed. " fiend in his face , apostate in his name , " contriv'd to vvars to your eternal shame . " he antient laws and liberties defies ; " on standing guards and new-rais'd force relies . " the teagues he courts , and doth the french admire , " and fain he would be mounted one step higher . " all this by you must needs be plainly seen , " and yet he awes you with his daring spleen . " th' unhappy kingdom suffer'd much of old , " vvhen spencer and loose gaveston controul'd ; " yet they by just decrees were timely sent , " to suffer a perpetual banishment . " but your bold states men nothing can restrain , " their most enormous courses you maintain . " they like those head strong horses in the sun , " guided by the unskilful phaeton : " your tott'ring chariot bears through uncouth ways , " till the next vvorld's inflamed with your rays . " vvitness that man , who had for divers years " pay'd the brib'd commons , pensions , and arrears ; " though your exchequer was at his command , " durst not before his just accusers stand : " his crimes and treasons of so black a hue , " none dare to prove his advocate but you . " vvho e'er within your palace vvalls remain , " abhor your actions , serve you but for gain . " the assyrians ( as histories relate ) " had once a king grown so effeminate ; " all state affairs seem'd irksom in his sight , " in spinning-vvheels he plac'd his whole delight : " vvith his lewd strumpet-crew he did retire , " condemn'd and loath'd , he set himself on fire , " and only in this act the vvorld did own , " the greatest man-hood of his life was shewn . " rome ne'er to such a glorious state had grown , " had no luxurious tarquin there been known , " a single rape was deem'd such a disgrace , " they extirpate his odious name and race : " though he from tuscan kings did succour crave , " yet they with arms pursu'd him to the grave : " ingenious people always have withstood , " vvhat stains their honour or the publick good : " trust not in prelates false divinity , " vvho wrong their prince , and shame their deity , " making their god so partial in their cause , " exempting kings alone from humane laws , " these lying oracles they did infuse " of old , and did your martyr'd sire abuse . " their strong delusions did him so enthral , " no cautions would anticipate his fall. " repent in time , and banish from your sight " the pimp , the vvhore , buffoon , church-parasite ▪ " let innocence deck your remaining days , " that after-ages may unfold your praise : " so may historians in new methods write , " and draw a curtain 'twixt your black and white . " the ghost spake thus , groan'd thrice and said no more ; " straight in came chiffinch , hand in hand , with whore ; " the king tho' much concern'd 'twixt joy and fear , " starts from the couch , and bids the dame draw near . an historical poem . by a. marvel , esq . of a tall stature , and of sable hue ; much like the son of kish , that lofty jew : twelve years compleat he suffered in exile , and kept is f — ther 's asses all the while . at length by wonderful impulse of fate , the people call him home to help the state ; and what is more , they send him mony too , and cloath him all , from head to foot , a new . nor did he such small favours then disdain , but in his thirtieth year began his reign : in a slasht doublet then he came ashore , and dubb'd poor p — mer's wife his royal wh — bishops and deans , peers , pimps , and knights he made , things highly fitting for a monarch's trade ; with women , wine and viands of delight , his jolly vassals feast him day and night : but the best times have ever some allay , his younger brother dy'd by treachery . bold james survives , no dangers make him flinch , he marries seignior fal — h's pregnate wench : the pious mother queen hearing her son was thus enamour'd on a butter'd bun ; and that the fleet was gone in pomp and state to fetch , for charles , the flow'ry lisbon kate , she chaunts te deum , and so comes away , to wish her hopeful issue timely joy ; her most uxorious mate she rull'd of old , vvhy not with easie youngsters make as bold ? from the french court she haughty topicks brings , deludes their plyant nature with vain things ; her mischief-breeding breast did so prevail , the new got flemish town was set to sale ; for these and germains sins she founds a church , so slips away , and leaves us in the lurch . now the court-sins did every place defile , and plagues and vvar fell heavy on the isle . pride nourisht folly , folly a delight vvith the batavian common-wealth to fight : but the dutch fleet fled suddainly with fear , death and the duke so dreadful did appear . the dreadful victor took his soft repose , scorning pursuit of such mechannick foes . but now y — k's genitals grew over hot , vvith d — ham and carneige's infected plot ; vvhich , with religions so inflam'd his ire . he left the city when 't was got on fire : so philip's son , inflam'd with a miss , burnt down the palace of presepolis . foild thus by venus , he bellona woe's , and with the dutch a second vvar renews . but here his french bred prowess prov'd in vain , de ruyter claps him in sole bay again . this isle was well reform'd , and gain'd renown , vvhilst the brave tudor's wore th' imperial crown ; but since the royal race of st — s came , it has recoyl'd to popery , and shame . misguided monarchs , rarely vvise and just ; tainted with pride , and with impetuous lust. should we the blac●-heath project here relate , or count the various blemishes of state , my muse would on the reader 's patience grate . the poor priapus king led by the nose , looks as a thing set up to scare the crows ; yet in the mimicks of the spinstrian sport , out-does tiberius , and his goatish court. in love's delights none did 'em e're excel . not tereus with his sister philomel . as they at athens , we at dover meet , and gentlier far the orleans dutchess treat . what sad event attended on the same , we 'll leave to the report of common fame . the senate , which should head-strong princes stay , let loose the reins , and give the realm away , with lavish hands they constant tributes give , and annual stipends for their guilt receive ; corrupt with gold , they wives and daughters bring to the black idol for an offering . all but religious cheats might justly swear , he true vice-gerent to old molock were . priests were the first deluders of mankind . who with vain faith made all their reason blind ; not lucifer himself more proud than they , and yet perswade the world they must obey ; 'gainst avarice and luxury complain , and practise all the vices they arraign . riches and honour they from lay-men reap , and with dull crambo feed the silly sheep . as killigrew buffoons his master , they droll on their god , but a much duller way ; with hocus pocus , and their heavenly slight they gain on tender consciences at night . who ever has an over zealous wife , becomes the priest's amphitrio , during life . who would such men heavens messengers believe , who from the sacred pulpit dare deceive ; baal's wretched curates legerdemain'd it so , and never durst their tricks above-board shew , when our first parents paradise did grace , the serpent was the prelate of the place . fond eve did for this subtil tempter's sake , from the forbidden tree the pippin take . his god and lord this preacher did betray , to have the weaker vessel made his prey . since death and sin did humane nature blot , the chiefest blessings adam's chaplain got . thrice wretched they , who nature's laws detest . and trace the ways fantastick of a priest ; till native reasons basely forc'd to yeild , and hosts of upstart errors gains the field . my muse presum'd a little to digress , and touch their holy function with my verse . now to the state again she tends direct , and does on giant l — dale reflect . this haughty monster , with his ugly claws , first temper'd poyson to destroy our laws ; declares the councils edicts are beyond the most authentick statutes of the land : sets up in scotland a-la-mode de france ; taxes , excise , and armies does advance . this saracen his country's freedom broke , to bring upon our necks the heavier yoke : this is the savage pimp without dispute , first brought his mother for a prostitute . of all the mescreants that e'er went to hell , this villain rampant bears away the bell. now must my muse deplore the nation 's fate , like a true lover , for her dying mate . the royal evil so malignant grows , nothing the dire contagion can oppose . in our weal-publick scarce one thing succeeds , for one man's weakness a whole nation bleeds , ill-luck starts up , and thrives like evil weeds . let cromwell's ghost smile with contempt to see old england strugling under slavery . his meager highness now has got a stride , does on britannia , as on churchil ride . white-liver'd d — for his swift jack-call . to hunt down's prey , and hopes to master all . clifford and hide before had lost the day ; one hang'd himself , and the other ran away ; 't was want of wit and courage made them fail . but o — ne and the d — ke must need , prevail . the d — ke now vaunts with popish mermydons , our fleets , our ports , our cities , and our towns , are man'd by him , or by his holiness , bold irish ruffians to his court address : this is the collony to plant his knaves , from hence he picks and culls his murthering braves . here for an ensign , or lieutenant's place , they 'll kill a judge or justice of the peace . at his command mac will do any thing ; he 'll burn a city ; or destroy a king. from tiber came th' advice-boat monthly home , and brought new lessons to the duke from rome . here with curs'd precepts , and with councils dire , the godly cheat-king ( would be ) did inspire ; heaven had him chieftain of great britain made ; tells him the holy church demands his aid , bad him be bold , all dangers to defy , his brother , sneaking heretick , should dye : a priest should do it , from whose sacred stroke , all england strait should fall beneath his yoke . god did renounce him , and his cause disown , and in his stead had plac'd him on his throne . from saul the land of promise thus was rent , and jess's son plac'd in the government : the holy scripture vindicates his cause , and monarchs are above all humane laws . thus said the scarlet whore to her gallant , who streight design'd his brother to supplant : fiends of ambition here his soul possest , and thirst of empire calentur'd his breast . hence ruine and destruction had ensu'd , and all the people been in blood imbru'd , had not almighty providence drawn near , and stopt his malice in its full career . be wise you sons of men , tempt god ●o more , to give you kings in 's wrath to vex you sore : if a king's brother can such mischiefs bring , then how much greater mischiefs such a king ? hodges's vision from the monument , december , . by a. marvell esq a country clown call'd hodge , went up to view the pyramid ; pray mark what did ensue . when hodge had numbered up how many score the airy pyramid contain'd , he swore , no mortal wight e're climb'd so high before : to the best best vantage plac'd he views around the imperial town , with lofty turrets crown'd ; that wealthy store-house of the bounteous flood , whose peaceful tides o'●eflow our land with good : confused forms flit by his wondring eyes , and his rapt ●ouls o'erwhelm'd with extasies : some god it seems had encer'd his plain brest , and with 's abode the rustick mansion blest ; almighty change he feels in every part , light shines in 's eyes , and wisdom rules his heart : so when her pious son , fair venus shew'd his flaming troy , with slaughter'd dardans strew'd ; she purg'd his opticks , fill'd with mortal night , and troy's sad doom he read , by heaven's light . such light divine broke on the clouded eyes of humble hodge . regions remote , courts , councils , polices , the circling wills of tyrants treacheries : he views , discerns , unc●phers , penetrates , from charle's dukes , to europes armed states ; first he beholds proud rome and france combin'd , by double vassallage to enslave man-kind ; that wou'd the soul , this wou'd the body sway , their bulls and edicts , none must disobey . for these with war sad europe they inflame , rome says for god , and france declares for fame : see sons of satan know religions force , is gentleness , fame bought with blood a curse , he whom all stil'd delight of humane kind , justice and mercy , truth with honour joyn'd : his kindly rays cherish the teeming earth , and struggling virtue blest with prosperous birth ; like chaos you the tott'ring globe invade , religion cheat , and war ye make a trade . next the lewd palace of the plotting king , to 's eyes new scenes of frantick folly bring ; behold ( says he ) the fountain of our woe , from whence our vices and our ruin flow : here parents their own off-spring prostitute , by such vile arts t' obtain some viler suit ; here blooming youth adore priapus's shrine , and priests pronounce him sacred and divine . the goatish god behold in his alcove , ( the secret scene of damn'd incestuous love. ) melting in lust , and drunk like lot he lies betwixt two bright daughter divinities : oh! that like satura he had eat his brood , and had been thus stain'd with their impious blood , he had in that less ill , more man-hood shew'd . cease , cease , ( o c — ) thus to pollute our isle , return , return to thy long wish'd exile ; there with thy court defile thy neighbour states , and with thy crimes precipitate their fates . see where the duke in damn'd divan does sit , to 's vast designs wracking his pigmy wit ; whilst a choice senate of the ignation crew , the waies to murder , treason , conquest shew . dissenters they oppress with laws severe , that whilst to wound those innocents , we fear , their cursed sect we may be forc'd to spare . twice the reform'd must fight a bloody prize , that rome and france may on their ruine rise : old bonner , single hereticks did burn , these reform'd cities into ashes turn , ●nd every year new fires make us mourn : ireland stands ready for his cruel reign , well fatned once , she gapes for blood again , for blood of english martyrs basely slain . our valiant youth abroad must learn the trade of unjust war , their country to invade , whilst others here do guard us to prepare our gauled necks , his iron yoke to bear . lo how the wight already is betray'd , and bashaw holms , does the poor isle invade : t' ensure the plot , france must her legions lend rome to restore , and to enthrone rome's friend : 't is in return , james does our fleet betray ; ( that fleet whose thunder made the world obey ; ) ships once our safety , and our glorious might , are doom'd with worms and rottenness to fight ; whilest france rides soveraign o're the british main , our merchants robb'd , and our brave seamen ta'ne : thus this rash phaeton with fury hurl'd , and rapid rage consumes our british world ; blast him , oh heavens ! in his mad career , and let this isle no more his frenzy fear . c — j — , 't is he that all good men abhor , false to thy self , but to thy friend much more ; to him who did thy promis'd pardon hope , whilst with pretended joy he kiss'd the rope : o'rewhelm'd with guilt , and gasping out a lye , deceiv'd and unprepar'd , thou lets him dye . with equal gratitude and charity . in spight of jermin , and of black-mouth'd fame ; this st — s trick legitimates thy name . with one consent we all her death desire , who durst her husbands and her kings conspire ; and now just heavens prepar'd to set us free , heaven and our hopes , are both oppos'd by thee . thus fondly thou do'st hides old treason own , thus makes thy new suspected treason known . bless me ! what 's that at westminster i see ? that piece of legislative pagentry ? to our dear james , has rome her conclave lent ? or has charles bought the paris parliament : none else would promote james with so much zeal , who by proviso hopes the crown to steal : see how in humble guise the slaves advance , to tell a tale of army , and of france ; whilst proud prerogative in scornful guise , their fear , love , duty , danger does despise ; there in a brib'd committee they contrive , to give our birth-right's to prerogative : give , did i say ? they sell , and sell so dear , that half each tax d — distributes there d — , 't is fit the price so great should be , they sell religion , sell their liberty ; these vipers have their mothers entrals torn ; and wou'd by force a second time be born ; they haunt the place to which you once were sent , this ghost of a departed parliament . gibbets and halters country men prepare , let none , let none , their renegadoes spare : when that day comes we 'll part the sheep and goats , the spruce brib'd monsieurs from the true grey coats . new parliaments , like manna , all tastes please , but kept too long , our food turns our disease ; from that loath'd sight , hodge turn'd his weeping eyes , and london thus alarms with loyal cries . tho' common danger does approach so nigh , this stupid town sleeps in security : out of your golden dream awake , awake , your all , your all , tho' you see 't not at 's stake ; more dreadful fires approach your falling town , then those which burnt your stately structures down , such fatal fires , as once in smithfield shone . if then ye stay till edward's orders give , no mortal arm your safety can retrieve ; see how with golden baits the crafty gaul , has brib'd our geese to yield the capital ; and will ye tamely see your selves betray'd ? will none stand up in our dear country's aid ? self-preservation , natures first great law , all the creation , except man , does awe , 't was in him six'd , till lying priests defac'd his heav'n-born mind , and natures tablets raz'd . tell me ( ye forging crew ) what law reveal'd by god , to kings the jus divinum seal'd ? if to do good , ye jus divinum call , it is the grand prerogative of all : if to do lll unpunish'd be their right , such power 's not granted that great king of night ; man's life moves on the poles of hope and fear , reward and pain all orders do revere . but if your dear lord sov'raign you would spare , admonish him in his blood-thirsty heir : so when the royal lyon does offend , the beaten currs example makes him mend : this said poor hodge , then in a broken tone , cry'd out , oh charles ! thy life , thy life , thy crown ; ambitious james , and bloody priests conspire , plots , papists , murders , massacres , and fire ; poor protestants ! with that his eyes did rowl , his body fell , out fled his frighted soul. a dialogue between two horses . by andrew marvell , esq . the introduction . we read in profane and sacred records of beasts , that have utter'd articulate vvords ; when magpies and parrots cry , vvalk knaves walk , it is a clear proof that birds too may talk . and statues without either wind-pipes or lungs , have spoken as plainly as men do with tongues : livy tells a strange story , can hardly be fellow'd , that a sacrific'd ox when his guts were out , bellow'd . phalaris had a bull , which as grave authors tell you , would roar like a devil with a man in his belly . friar bacon had a head that speak , made of brass ; and balaam the prophet was reprov'd by his ass. at delphos and rome , stocks and stones now and then sirs , have to questions return'd articulate answers . all popish believers think something divine , when images speak , possesseth the shrine : but they that faith catholick ne'er understood , when shrines give answer , a knaves on the road. those idols ne're spoke , but are miracles done by the devil , a priest , a frier or a nun. if the roman church , good christians , oblige ye to believe man and beast have spoke in effigie . why should we not credit the publick discourses in a dialogue between two inanimate horses ? the horses , i mean of vvool-church and charing — who told many truths worth any man's hearing . since viner and osborn did buy , and provide 'em ▪ for the two mighty monarchs that now do bestride 'em the stately brass stallion , and the white marble steed , one night came together by all 't is agreed : when both kings being weary of sitting all day , were stollen off incognito each his own way . and then the two jades , after mutual salutes , not only discours'd , but fell to disputes . the dialogue . w. quoth the marble horse , it would make a stone speak , to see a lord mayor and a lombard-street break : thy founder and mine to cheat one another , when both knaves agreed to be each others brother . c. here charing broke forth , and thus he went on , my brass is provoked as much as thy stone , to see church and state bow down to a whore , and the kings chief minister holding the door . the mony of widows and orphans imploy'd , and the bankers quite broke to maintain the whores pride . vv. to see dei gratia writ on the throne , and the k — 's wicked life say , god there is none . c. that he should be stil'd defender of the faith , who believes not a word , what the word of god saith . vv. that the d. - should turn papist , and that church defy , for which his own father a martyr did die . c. tho' he changed his religion , i hope he 's so civil not to think his own father is gone to the devil . vv. that bondage and beggary should be in a nation , by a curst house of commons , and a blest restoration . c. to see a white staff make a beggar a lord , and scarce a wise man at a long council-board . vv. that the bank should be seized , yet the cheq . so poor , lord have mercy , and a cross might be set on the door . c. that a million and half should be the revenue , yet the king of his debts pay no man a penny. vv. that a k — should consume three kingdom 's estates , and yet all the court be as poor as church-rats . c. that of four seas dominion and of their guarding , no token should appear , but a poor copper farthing . vv. our worm-eaten ships to be laid up at chatham , ( not our trade to secure ) but for fools to come at ' em . c. and our few ships abroad become tripoli's scorn , by pawning for victuals their guns at leghorn . vv. that making us slaves by horse and foot-guard , for restoring the king shall be all our reward . c. the basest ingratitude ever was heard , but tyrants ungrateful are always afraid . vv. on harry the vii's head , he that placed the crown , was after rewarded by losing his own . c. that parliament-men should rail at the court , and get good preferments immediately for 't . to see them that suffer both for father and son , and helped to bring the latter to his throne : that with their lives and estates did loyally serve , and yet for all this , can nothing deserve ; the king looks not on 'em , preferments deni'd 'em , the round-heads insult , and the courtiers deride them . and none gets preferments , but who will betray their country to ruin , 't is that ope's the way of the bold talking members . — vv. — if the bastards you add , what a number of rascally lords have been made . c. that traitors to their country in a brib'd house of c. should give away millions at every summons . vv. yet some of those givers , such beggarly villains , as not to be trusted for twice fifty shillings . c. no wonder that beggars should still be for giving , who out of what 's given , do get a good living . vv. four knights and a knave , who were burgesses made , for selling their consciences were liberally paid . c. how base are the souls of such low prized sinners , who vote with the country for drink and for dinners , vv. 't is they that brought on us this scandalous yoke . of excising our cups , and taxing our smoak . c. but thanks to the whores who made the k — dogged , for giving no more the r — are prorogued . vv. that a king should endeavour to make a war cease , which augments and secures his own profit and peace . c. and plenipotentiaries send into france . with an addle-headed knight , & a lord without brains vv. that the king should send for another french whore , when one already had made him so poor . c. the misses take place , and advanc'd to be dutchess , with pomp great as queens in their coach and six horses : their bastards made dukes , earls , viscounts & lords , and all the high titles that honour affords . w. while these brats and their mothers , do live in such plenty the nation 's empoverisht , and the chequor quite empty : and tho' war was pretended when the mony was lent , more on whores , than in ships , or in war , hath been spent . c. enough , dear brother , although we speak reason ; yet truth many times being punish'd for treason , we ought to be wary , and bridle our tongues . bold speaking hath done both men and beasts wrong : when the ass so boldly rebuked the prophet , thou knowest what danger was like to come of it ; though the beast gave his master ne'er an ill word , instead of a cudgel balaam wish'd for a sword. w. truth 's as bold as a lion , i am not afraid , i 'll prove every tittle of what i have said : our riders are absent , who is 't that can hear ; le ts be true to our selves , who then need we fear ? where is thy k — gone , ( chair . ) to see bishop laud ? w. to cuckold a scrivener , mines in masquerade ? on such occasions he oft strays away , and returns to remount about break of day . in very dark nights sometimes you may find him with a harlot , got up on my crupper behind him . c. pause brother a while , and calmly consider what thou hast to say against my royal rider . vv. thy priest-ridden king turn'd desperate fighter for the surplice , lawn-sleeves , the cross and the miter ; till at last on the scaffold he was left in the lurch by knaves , that cry'd up themselves for the church . arch-bishops and bishops , arch-deacons and deans ; c. thy king will ne'er fight unless 't be for queans . vv. he that dies for ceremonies , dies like a fool. c. the k — on thy back is a lamentable tool . vv. the goat and the lion , i equally hate , and freeman alike value life and estate : though the father and son be different rods , between the two scourges we find little odds ; both infamous stand in three kingdoms votes , this for picking our pockets , that for cutting our throats : c. more tolerable are the lion kings slaughters , then the goat making whores of our wives and daughters . the debauched and cruel since they equally gall us , i had rather bear nero than sardanapalus . vv. one of the two tyrants must still be our case , under all that shall reign of the false s — race . de wit and cromwell had each a brave soul , i freely declare it , i am for old nol ; though his government did a tyrant resemble , he made england great and his enemies tremble . c. thy rider puts no man to death in his wrath , but is bury'd alive in lust and in sloth . vv. what is thy opinion of james duke of york ? c. the same that the frogs had of jupiter's stork . with the turk in his head , and the pope in his heart , father patrick's disciples will make england smart . if e'er he be king , i know britain's doom , we must all to a stake , or be converts to rome . ah! tudor , ah ! tudor , we have had stu — s enough ; none ever reign'd like old bess in the ruff. her vvalsingham could dark counsels unriddle , and our sir j — pk write new-books , and fiddle . vv. truth brother , well said , but that 's somewhat bitter , his perfum'd predecessor was never more fitter : yet we have one secretary honest and wise ; for that very reason , he 's never to rise . but can'st thou devise when things will be mended ? c. when the reign of the line of the s — t s , are ended . conclusion . if speeches from animals in romes first age , ●rodigious events did surely presage , that should come to pass , all mankind may swear , that which two inanimate horses declare . but i should have told you before the jades parted , ●oth gallop'd to whitehall , and there humbly farted ; which tyranny's downfal portended much more than all that the beasts had spoken before . if the delphick sybil's oracular speeches , ( as learned men say ) came out of their breeches , why might not our horses , since words are but wind , have the spirit of prophecy likewise behind ? tho' tyrants make laws , which they strictly proclaim , to conceal their own faults , and cover their own shame ; yet the beasts in the field , and the stones in the wall , will publish their faults and prophesy their fall ; when they take from the people the freedom of words , they teach them the sooner to fall to their swords . let the city drink coffee , and quietly groan , ( they that conquer'd the father won't be slaves to the son , for wine and strong drink make tumults encrease , chocolate , tea and coffee , are liquors of peace ; no quarrels or oaths among those that drink them , 't is bacchus and the brewer , swear damn 'em and sink 'em , then c — s thy late edict against coffee recal , there 's ten times more treason in brandy and ale. on the lord mayor and court of alderman , presenting the late king and duke of york each with a copy of their freedoms , anno dom. . by a. marvell , esq i. the londoners gent. to the king do present in a box the city maggot ; 't is a thing full of weight , that requires the might of whole guild-hall team to drag it . ii. whilst their church's unbuilt and their houses undwelt , and their orphants want ●read to fe●d 'em ; themselves they 've bereft of the little wealth they had left . to make an offering of their freedom . iii. o ye addle-brain'd cits ! who henceforth in their wits would intrust their youth to your heading ; when in diamonds and gold you have him thus enroll'd , you know both his friends and his breeding ? iv. beyond sea he began , where such a riot he ran , that every one there did leave him ; and now he●s come o'er ten times worse than before , when none but such fools would receive him . v. he ne'er knew , not he , how to serve or be free , though he has past through so many adventures ; but e'er since he was bound , ( that is he was crown'd ) he has every day broke his indentures . vi. he spends all his days in running to plays , when he should in the shop be poring : and he wasts all his nights in his constant delights , of revelling , drinking and whoring . vii . thro'out lumbard-street each man he did meet , he would run on the score and borrow , when they 'd ask'd for their own , he was broke and gone , and his creditors left to sorrow . viii . though oft bound to the peace , yet he never would cease , to vex his poor neighbours with quarrels , and when he was beat , he still made his retreat , to his cleavlands , his nels , and his carwels . ix . nay , his company lewd , were twice grown so rude , that had not fear taught him sobriety , and the house being well barr'd with guard upon guard , they 'd robb●d us of all our propriety . x. such a plot was laid , had not ashley betray'd , as had cancell'd all former disasters ; and your wives had been strumpets to his hignesses trumpets , and foot-boys had all been your masters . xi . so many are the debts , and the bastards he gets , which must all be defray'd by london , that notwithstanding the care of sir thomas player , the chamber must needs be undone , xii . his words nor his oath cannot bind him to troth , and he values not credit or history ; and though he has serv'd through two prentiships now , he knows not his trade nor his mystery . xiii . then london rejoyce in thy fortunate choice , to have made him free of thy spices ; and do not mistrust he may once grow more just , when he 's worn of his follies and vices . xiv . and what little thing is that which you bring to the duke , the kingdom 's darling ; ye hug it and draw like ants at a straw , tho too small for the gristle of starling . xv. is it a box of pills to cure the kings ills ? ( he is too far gone to begin it ) or that your fine show in processioning go , with the pix and the host within it. xvi . the very first head of the oath you him read , shew you all how fit he 's to govern , when in heart ( you all knew ) he ne'er was nor will be true . to his country or to his soveraign . xvii . and who could swear , that he would forbear to cull out the good of an alien , who still doth advance the government of france , with a wife and religion italian ? xviii . and now , worshipful sirs , go fold up your furrs , and vyners turn again , turn again ; i see who e'ers freed , you for slaves are decreed until you burn again , burn again . on blood 's stealing the crown . by a. marvell , esq when daring blood , his rent to have regain'd upon the english diadem distrain'd : he chose the cassock , sursingle and gown , the fittest mask for one that robs the crown ; but his lay-pitty underneath prevail'd , and whilst he sav'd the keepers life he fail'd , with the priests vestment had he but put on , the prelates cruelty , the crown had gone . a. marvell . farther instructions to a painter , . by a. marvell esq painter once more thy pencil re-assume , and draw me in one scene london and rome : here holy charles , there good aurelius sat , weeping to see their sons degenerate : his romans taking up the teemers trade , the britains jigging it in masquerade ; whilst the brave youths tired with the toil of state , their wearied minds , and limbs to recreate ; do to their more belov'd delights repair , one to his — , the other to his player , then change the scene , and let the next present a landskip of our motley parliament ; and place hard by the bar , on the left-hand , circean clifford with his charming wand : our pig-ey'd on his fashion , set by the worst attorney of our nation : this great triumvirate that can divide the spoils of england , and along that side place falstefs regiment of thred bare coats , all looking this way , how to give their votes , and of his dear reward let none despair . for mony comes when sey — r leaves the chair : change once again , and let the next affoard the figure of a motley council board . at arlingtons , and round about it sat , our mighty masters in a warm debate : full bowls , and lusty wine repeat , to make them t'other council-board forget : that while the king of france with powerful arms , gives all his fearful neighbours strange allarms ; we in our glorious bachanals dispose the humbled fate of a plebean nose . which to effect , when thus it was decreed ; draw me a champion mounted on a steed , and after him a brave briggade of horse , arm'd at all points , ready to reinforce , his , this assault upon a single man. 't is this must make obryon great in story , and add more beams to sandy's former glory . draw our olimpia , next in council set , with cupid , s — r , and the tool of state. two of the first recanters of the house . that aim at mountains , and bring forth a mouse ; who make it by their mean retreat appear , five members need not be demanded here : these must assist her in her countermines , to overthrow the darby house designs . whilst positive walks , like woodcock in the park , contriving projects with a brewer's clark ; thus all employ themselves , and without pity , leave temple singly to be beat i' th' city . a. marvell . oceana . & britannia . by a. marvell . esq non ego sum vates , sed prisci conscius aevi . oceana . whither , o whither wander i forlorn ? fatal to friends , and to my foes a scorn . my pregnant womb is labouring to bring forth thy off-spring archon , heir to thy just worth . archon , o archon , hear my groaning cries ; lucina , help , asswage my miseries . saturnian spight pursues me thro' the earth , no corner's left to hide my long wisht birth . great queen of the isles , yield me a safe retreat from the crown'd gods , that would my infants eat . to me o delos on my child-bed smile , my happy seed shall fix thy floating isle . i feel fierce pangs assault my teeming womb , lucina , o britannia , mother , come . britan. what doleful shrieks pierce my affrighted ear ! shall i ne'er rest for this lewd ravisher ? rapes , burnings , murthers are his royal sport , these modish monsters haunt his perjur'd court. no tumbling player so oft e'er chang'd his shape , as this goat , fox , wolf , timerous french ape . true protestants in roman habits drest , with scrogs he baits that ravenous butchers beast . tresilian iones , that fair fac'd crocodile , tearing their hearts , at once doth weep and smile , neronian flames at london do him please , at oxford plots to act agathocles . his plot 's reveal'd , his mirth is at an end , and 's fatal hour shall know no foe nor friend , last martyr's day i saw a cherub stand a cross my seas , one foot upon the land , the' other on the enthralled gallick shore , aloud proclaim their time shall be no more . this mighty power heav'ns equal ballance sway'd , and in one scale crowns , cros●ers , scepters laid . i' th' other a sweet smiling babe did lye , circled with glories , deck'd with majesty . with steady hand he pois'd the golden pair , the gilded gew-gaws mounted in the air , the ponderous babe descending in its scale , leapt on my shore — nature triumph'd , joy eccho'd throw the earth , the heav'ns bow●d down to see the blessed birth , what●s that i hear ? a new born babe's soft cries , and joyful mother's tender lullabies ! 't is so , behold my daughter 's past all harms . cradeling an infant in her fruitful arms. the very same th' angelick vision shew'd in mein , in majesty how like a god. what a firm health does on her visage dwell ? her sparkling eyes immortal youth fore-tell . rome , sparta , venice , could bring forth so strong , so temperate , such lasting worth . marp●sia from the north with speed advance , thy sisters birth brings thy deliverance . fergusian founders this just babe exceeds , i' th' arts of peace and mighty martial deeds . ye panopeians kneel unto your equal queen , safe from the foreign sword , and barbarous skeen . transports of joy divert my yearning heart from my dear child , my soul , my better part . heav'n show'r her choicest blessings on thy womb , our present help , our stay in time to come . thou best of daughters , mothers , matrons say , what forc'd thy birth , and got this glorious day ? ocea . scap'd the slow jaws o' th' grinding pensioners , i fell i' th' traps of rome's dire murtherers ; twice rescu'd by my loyal senate's power , twice i expected my babes happy hour . malignant force twice check'd their pious aid , and to my foes as oft my state betray'd . great , full of pain , in a dark winters-night , threatned , pursu'd , escap'd by suddain flight . pale fear gave speed to my weak trembling feet , and far i fled e'er day our world could greet . that dear lov'd light which the whole globe doth cheer , spur'd on my flight , and added to my fear , whilst black conspiracy , that child of night , in royal purple clad , out dares the light. by day her self the faith's defender stiles , by night dig pits , and spreads her papal toils . by day he to the pompous chappel goes , by night with york adores rome's idol shews : witness ye stars and silent powers of night , her treacheries forc'd my innocent flight . with the broad day my danger too drew near , of help , of council void , how shall i steer ? i' th' pulpit of damn'd , strumpet at court proclaim'd , where should i hide , where should i rest defam'd : tortur'd in thought , i rais'd my weeping eyes , and sobbing voice to th' all helping skies ; as by heav'n sent a reverend sire appears , charming my grief , and stopping my flood of tears : his busie circling orbs ( two restless spies ) glanc'd to and fro , out-ranging argos eyes . like fleeting time , on 's front one lock did grow , from his glib tongue torrents of words did flow . propose , resolve , agrarian forty one , lycurgus , brutus , solon , harington . he said , he knew me in my swadling bands , had often danc'd me in his careful hands . he knew lord archon too , then wept and swore , enshrin'd in me , his fame he did adore . his name i ask'd , he said , politico , descended from the divine nicholo . my state he knew , my danger seem'd to dread , and to my safety vow'd , hand , heart , and head. grateful returns i up to heaven send , that in distress had sent me such a friend . i ask'd him where i was ? pointing he shew'd oxford's old towers , once the learned arts aboad . ( once great in fame , now a pyratick port , where romish priests and elvish monks resort ) he added near a new-built colledge stood , endow'd by plato for the publick good . thither allur'd by learned honest men , plato vouchsaf'd once more to live again . securely there i might my self repose , from my fierce griefs and my more cruel foes . tyr'd with long flights , e'en hunted down with fear , the welcome news my drooping soul did chear . his pleasing words shortned the time and way , and me beguil'd at plato's house to stay . when we came in , he told me ( after rest , ) he 'd shew me plato and 's venetian guest , i scarce reply'd , with weariness opprest , to my desir'd apartment i repair'd , invoking sleep and heaven's almighty guard. my waking cares and stabbing frights recede , and nodding sleep dropt on my drowsie head. at last the summons of a busie bell , and glimmering lights did sleeps kind mists dispel . from bed i stole , and creeping by the wall , thro' a small chink i spy'd a spacious hall. tapers as thick as stars did shed their light around the place , and made a day of night . the curious art of some great master's hand , adorn'd the room — hide , clifford , d. — stand in one large piece , next them the two dutch wars , in bloody colours paint our fatal jars . here london flames in clouds of smoke aspire , done to the life , i 'd almost cry'd out fire . but living figures did my eyes divert from those , and many more of wondrous art. there entred in three mercenary bands . ( the different captains had distinct commands ) the begger 's desperate troop did first appear , l — ton led , proud s — re had the rear . the disguis'd papists under garroway , talbot lieutenant ( none had better pay ) next greedy lee led party-colour'd slaves , deaf fools i' th' right , i' th' wrong sagacious knaves . brought up by m — , then a nobler train , ( in malice mighty , impotent in brain ) the pope's solicitor brought into th' hall , not guilty lay much guilty spiritual . i also spy'd behind a private skreen , colebert and portsmouth , york and mazarine . immediately in close cabal they joyn , and all applaud the glorious design . 'gainst me and my lov'd senates free born breath , dire threats i hear'd , the hall did eccho death . a curtain drawn , another scene appear'd , a tinckling bell , a mumbling priest i heard . at elevation every knee ador'd the baker's craft , infallible's vain lord. when cataline with vipers did conspire , to murther rome and bury it in fire , a sacramental bowl of humane goar , each villain took , and as he drank he swore . the cup deny'd , to make their plot compleat , these catalines their conjur'd gods did eat . whilst to their breaden whimseys they did kneel , i crept away , and to the door did steal . as i got out , by providence i flew , to this close wood , too late they did pursue . that dreadful night , my child-bed throws brought on , my crys mov'd yours and heaven's compassion . britania . oh happy day ! a jubilee proclaim , daughter adore the unutterable name . with grateful heart breath out thy self in prayer . in the mean time thy babe shall be my care . there is a man my island 's hope and grace , the chief delight and joy of humane race . expos'd himself to war , in tender age , to free his country from the gallick rage , with all the graces blest his riper years , and full blown vertue wak'd the tyrant's fears . by 's sire rejected , but by heaven call'd , to break my yoake , and rescue the enthrall'd . this , this is he who with a stretch'd out hand , and matchless might shall free my groaning land. on earth's proud basilisks he 'll justly fall , like moses rod , and prey upon them all . he 'll guide my people through the raging seas , to holy-wars and certain victories . his spotless fame , and his immense desert , shall plead loves cause , and storm this virgins heart . she like aegeria shall his breast inspire , with justice , wisdom , and celestial fire . like numa he her dictates shall obey , and by her oracles the world shall sway . on his excellent friend mr. anth. marvell , while lazy prelates lean'd their mitred-heads on downy pillows , lull'd with wealth and pride , ( pretending prophesie , yet naught forsee . ) marvell , this islands watchful centinel stood in the gap , and bravely kept his post , when courtiers too in wine and riot slept : t was he th' approach of rome did first explore , and the grim monster , arbitrary power . the ugliest giant ever trod the earth , who like goliah marcht before the host : truth , wit and eloquence , his constant friends , with swift dispatch he to the main-guard sends , th' alarm strait their courage did excite , which check'd the haughty foes bold enterprize . and left them halting between hope and fear ; he like the sacred hebrew leader stood , the peoples surest guide , and prophet too . athens may boast of virtuous socrates , the chief among the greeks for moral good . rome of her orator , whose fam'd harangues , foyl'd the debauch'd antony's designs . we him , and with deep sorrows ' wail his loss ; but whether fate or art unwind'd his thread , remains in doubt , fames lasting register , shall leave his name enroll'd as great as theirs , who in phillippi for their country fell . an epitaph on the lord fairfax . by the d. of buckingham . i. under this stone does lye one , born for victory , fairfax the valliant , and the only he , who e'r , for that alone a conqueror wou'd be , both sexes virtues were in him combin'd : he had the fierceness of the manliest mind , and eke the meekness too of woman kind . he never knew what envy was , or hate : his soul was fill'd with worth and honesty ; and with another thing quite out , of date , call'd modesty . ii. he ne'er seem'd impudent , but in the field ; a place where impudence it self dares seldom shew her face : had any stranger spy'd him in the room with some of those whom he had overcome , and had not heard their talk , but only seen , their gesture and their meen , they wou'd have sworn he had the vanquish'd been ; for as they brag'd , and dreadful wou'd appear , while they their own ill lucks in war repeated , his modesty still made him blush , to hear how often he had them defeated . iii. through his whole life , the part he bore was wonderful , and great , and yet , it so appear'd in nothing more , than in his private last retreat : for it 's a stranger thing , to find one man of such a glorious mind , as can dismiss the pow'r h' has got , than millions of the pools , and braves ; those despicable fools and knaves , who such a pother make , through dulness and mistake ; in seeking after pow'r , but get it not . iv. when all the nation he had won , and with expence of blood had bought , store great enough he thought , of fame and of renown ; he then his arms laid down , with full as little pride as if he had been of his enemies side , or one of them cou'd do that were undone : he neither wealth , nor places sought ; for others , not himself he fought . he was content to know , for he had found it so , that , when he pleas'd , to conquer , he was able and left the spoil and plunder to the rabble : he might have been a king , but that he understood how much it is a meaner thing to be unjustly great , than honourably good. v. this from the world did admiration draw ; and from his friends , both love and awe , remembring what in fight he did before : and his foes lov'd him too , as they were bound to do , because he was resolv'd to fight no more . so bless'd of all , he dy'd ; but far more bless'd were we , if we were sure to live , till we could see a man as great in war , in peace as just as he. an essay upon the earl of shaftsbury's death . when ever tyrants fall , the air and other elements prepare to combat in a civil-war , large oaks up by the roots are torn , the savage train upon the forest or the plain to a procession through the sky are born , sulphureous fire displays its baneful rays . then from the hollow womb of some rent cloud does comes the blazing meteor or destructive stone ; distant below the grumbling wind pent up in earth a vent would find ; but failing , roars like broken waves upon the rocky shores. the earth with motion rowls , those buildings which did brave the sky , now in an humble posture lye , while here and there a subtile priest and sooth sayer the fatal dirges howl . thus when the first twelve caesars fell , a jubilee was kept in hell ; but when that heaven designs the brave shall quit a life to fill a grave , the sun turns pale and courts a cloud , from mortals sight his grief to shroud , shakes from his face a shower of rain , and faintly views the world again . the tombs of ancient heroes weep , hard marble tears let fall : the genii , who possess the deep , and seems the islands fate to keep , lament the funeral . silence denotes the greatest woe , so calms precede a storm , deep waters smoothest are we know , and bear the evenest form. so 't is when patriots cease to be , and hast to immortality ; their noble souls blest angels bear to the ethereal palace there , mounting upon the ambient air , while wounded atomes press the ear of mortals who far distant are . hence sudden grief does seize the mind , for good and brave agree ; each being moves unto his kind by native sympathy . so 't was when mighty cooper dy'd the fabius of the isle , a sullen look the great o'er-spread , the common people look as dead , and nature droopt the while . living ; religion , liberty , a mighty fence he stood , peers rights and subjects property none stronglier did maintain than he , for which rome sought his blood. deep politician , english peer , that quash't the power of rome , the change of state they brought so near , in bringing romish worship here , was by thy skill o'er-thrown : ' less heav'n a miracle design'd sure it could never be one so gyantick in his mind , that soar'd a pitch 'bove humane kind , so small a corps should be . time was , the court admir'd thy shrine , and did the homage pay : but wisely thou didst countermine , and having found the black design , scorn'd the ignoble way . having thus strongly stem'd the tide , and set thy country free : thou , cato like , an exile prid'st , 'mongst enemies belov'd resid'st , whilst good men envy thee . and as the sacred hebrew seer canaan to view desir'd ; so heav'n did shew this noble peer the end of popish malice here , which done , his soul expir'd . a satyr in answer to a friend . . 't is strange that you , to whom i 've long been known , should ask me why i always rail at th' town ▪ as a good hound when he runs near his prey , with double eagerness is hard to bay. so when a coxcomb dot● offend my sight , to ease my spleen , i straight go home and write : i love to bring vice ill conceal'd to light . and i have found that they that satyr write , alone can season the useful with the sweet . should i write songs , and to cool shades confin'd , expire with love , who hate all women kind ! then in my closet , like some fighting sparks , thinking on phillis love upon my works ! i grant i might with bolder muse inspir'd , some hero sing worthy to be admir'd , our king hath qualities might entertain , with noblest subjects waller's lofty pen. but then you 'll own no man is thought his friend , that doth not love the pope and york commend . he who his evil counsellours dislikes , say what he will , still like a traytor speaks . now i dissimulation cannot bear , truth and good sense , my lines alike must share . i love to call each creature by his name , h — a knave , s — an honest man. with equal scorn i always did abhor , the effeminate fops and bustling men of war. the careful face of ministers of state , i always judg'd to be a down-right cheat. the smiling courtier , and the counsellour grave , i always thought two different marks of knave . they that talk loud , and they that draw i' th' pit , these want of courage shew , those want of wit. thus all the world endeavours to appear , what they 'd be thought to be , not what they are . if any then by most unhappy choice , seek for content in london's crow'd and noise . must form his words and manners to the place , if he 'll see ladies must like villers dress . in a soft tone without one word of sense , must talk of dancing and the court of france . must praise alike the ugly and the fair , buckly's good nature , feltons shape and hair , exalt my lady portsmouth's birth and wit , and vow she 's only for a monarch fit . although the fawning coxcombs all do know , she 's lain with beaufort and the count de leau . this method with some ends of plays , basely apply'd , and drest in a french phrase to ladies favour , can e'en hewit raise . he that from business would preferment get , plung'd in the toyls and infamies of state , all sense of honour from his breast must drive , and in a course of villanies resolve to live . must cringe and flatter the king's owls and curs , nay worse , must be obsequious to his whores . must always seem to approve what they commend , what they dislike , by him must be contemn'd . and when at last by a thousand different crimes , the monster to his wisht-for greatness climbs , he must in his continu'd greatness wait , with guilt and fears , the imprison'd d — y's fate this road has h — r and s — r gone , and thus must answer for the ills they 've done . who then would live in so deprav'd a town , where pleasure is but folly , power alone by infamy obtain'd ? — wise heraclitus , all his life-time griev'd , democritus in endless laughter liv'd ; yet to the first no fears of plots were known , nor parliaments remov'd to popish town . murthers not favour'd , virtues not supprest , laws not derided , commons not opprest nor king , who claudius like , expels his son , to make th' imperious nero prince of rome ; nor yet to move the others merry vane , did c●ckolds ( who each boy i' th' street could name ) most learned proof in publick daily give , that they themselves do their own shame contrive ; while their lewd wives scouring from place to place , t' expose their secret members , hide their face . but lo ! how would this sage have burst his spleen , had he seen whore and fool with merry king , and ministers of state at supper sit , mistaking bawdy ribaldry for wit ; whilst c — s with tottering crown and empty purse , ( derided by his foes , to 's friends a curse ) abandon'd now by every man of wit , delights himself with any he can get . pimps , fools , and parasites , make up the rout , for want of wedding garments , none 's left out . but i shall weary both my self and you , to tell you all the follies that i know . how a great lord , in numbers soft , thought fit , ( though void of sense , to set up for a wit. ) and how with wondrous spirit , he and 's friend an epitaph to cruel cloris pen'd ; his name ( i think ) i hardly need to tell , for who should be , but the lord ar — l. but should i here waste paper to declare , the senseless tricks of every silly peer , i 'd as good tell how many several ways , the trusty duke his country still betrays . how full the world is stuft with knave and fool , how to be very honest is counted dull . how to speak plain , and greatness to dispise , is thought a madness , but flattery is wise , dissimulation excellent , to cheat a friend a very trifle , provided still our end be but the snare we call our interest , then nothing is so bad , but that is best ; i 'll therefore end this vain satyrick rage , and leave the bishops to reform the age. a character of the english. in all●sion to tacit. de vit. agric. the free-born english , generous and wise , hate chains , but do not government despise : rights of the crown , tribute and taxes , they when lawfully exacted , freely pay . force they abhor , and wrong they scorn to bear , more guided by their judgment than their fear ; justice with them is never held severe . here power by tyranny was never got ; laws may perhaps ensnare them , force cannot : rash councils here , have still the same effect ; the surest way to reign is to protect . kings are least safe in their unbounded will , joyn'd with the wretch'd power of doing ill . forsaken most when they 're most absolute ; laws guard the man , and only bind the brute : to force that guard , and with the worst to joyn , can never be a prudent king's design ; what king would chuse to be a cataline ? break his own laws , stake an unquestion'd throne , conspire with vassals to usurp his own ; 't is rather some base favourites vile pretence , to tyrannize at the wrong'd king's expence . let france grow proud , beneath the tyrants lust , while the rackt people crawl and lick the dust : the mighty genious of this isle disdains ambitious slavery and golden chains . england to servile yoke did ne●er bow , what conquerours ne'er presum'd , who dares do now . roman nor norman ever could pretend to have enslav'd , but made this isle their friend . cullen with his flock of misses , . as cullen drove his sheep along , by whitehall there was such a throng of earls coaches at the gate , the silly swain was forc'd to wait . chance threw him on sir edward s — the silly knight that rhimes to mutton : cullen , ( said he , ) this is the day , for which poor england once did pray ; the day that sets our monarch free , from butter'd buns and slavery . this hour from french intreagues , ( 't is said , ) he 'll clear his council and his bed. portsmouth he vouchsafes to know , was the cast whore of count de loe. she must return and sell her place ; buyers ( you see ) flock in a pace ; silence i th' court being once proclam'd , in steps fair ri — d once so fam'd : she offers much but was refus'd , and of miscarriages accus'd . nor would his majesty accept her : at thirty , who at fifteen left her : she blusht and modestly withdrew : next m — ton appear'd in view , who straight was told of m — ue . of cates from hide ; of cloaths from france , of arm-pits , toes of nauseance ; at which the court set up a laughter , she never pleads but for her daughter ; a buxom lass sit for the place , were not her father in disgrace : besides some strange incestuous stories of harvey and her long c — ies : with these exceptions she 's dismist , and m — nd fair enters the list : husband in hand most decently , and begs at any rate to buy : she offered jewels of great price , and dear sir samuels next device . whether it be a pump or table , glass house or any other bauble . but she was told she had been try'd , and for good reason lay'd aside . next in steps pretty lady g — y , offers her lord should nothing say ; 'gainst the next treasurer accused , so her pretence was not refus'd : r — in rage bid her be gone , and play her game out with her son ; or if she lik'd an aged carcass , for l — get a noble marquess . sh — ry offered for the place , all she had gotten from his grace ; she knew his wants and could comply with all his wants of leachery . she was dismist with scorn and told where a tall p — was to be sold. then in came dowdy m — ine , that foreign antiquated quean ; who soon was told the king no more would deal with an intrigueing whore : that she already had about her to good an equipage de foutre ; her grace at these rebukes lookt blank , and sneakt away to villain frank. fair l — too her claim put in , 't was urg'd she was to much a kin : she modestly reply'd no more a kin than s — x was before : besides she had often heard her mother call her the daughter of another : she did not drivel and had sence , to which all his had no pretence ; yet for the present she 's put off , and told she was not whore enough . l — s smil'd at that exception , and doubted not of good reception . put in her claim , vowing she 'd steal all that her husband got of neale : to by the place all she could get , by his long suit with mr. pitt : but from goliah's sieze of gath , down to the pitch of little wroth ; the court was told she lay with all , the roaring roysters of white-hall : for which old r — lest she 'd grudge , gave her the making of a judge : she bow'd and straight went her way , to haunt the court , park , and play. in stept stately carry f — er , straight the whole court began to praise her : as fine as chains and point could make her , she vow'd the king or goal must take her . r — reply'd , he was retrenching , and vow'd no more of costly wenching : that she was proud and went too gaudy , nor could she swear , drink or talk bawdy , virtues requisite for that place more than youth , wit , or a good face . c — and offered down a million , but she was soon told of castillion ; at that name she fell a weeping and swore she was undone with keeping : that c — , g — , had so drain'd her , she could not live on the remainder : the court said , there was no record , of any to that place restor'd , nor might the king at these years venture , who in his prime could not content her . young lady j — s stept up and urg'd , she 'd give the deed her father forg'd : but she was told her family was tainted with presbytery : she said her mother with clean heart and hand , had lately done her part , in bringing m — ne to bed , nor was 't her fault the babe was dead : for her r — y own'd his passion , but said , he staid for declaration . ingaged , no matter of great weight , to pass till after some debate in his great council so they adjourn'd , and cullen with his flocks return'd . swearing there was at every fair blither girls than any there . sir tho. amstrong's . ghost . the groans , dear armstrong , which the world employ , would please thy ghost , to see transform'd to joy : had'st thou abroad found safety in thy flight , thy immortal honour had not shin'd so bright ; thou still hadst been a worthy patriot thought : but now thy glory 's to perfection brought , in exile and in death to england true , what more could brutus or just cato do ? what can the villains spread to blast thy fame , unless thy former loyalty they blame ? to be concern'd the stuarts to restore , is a reproach that hardly can be bore . the utmost plague a nation could befall , like the forbidden fruit , it curst us all . yet thou in season a brave convert grew , abhorr'd their counsels and their int'rest too : and death at last before their smiles preferr'd ; so holy cranmer burnt the hand that err'd . let 'em now place thy quarters in the air , 't will please thy soul to think they flourish there : thou scorn'st to hope for freedome in the grave ; and slumbring lie , whilst england was a slave : thy carcass stands a monument to all , till the whole progeny a victim fall ; and like their father , tread that stage , which some , in a blasphemous strain , call martyrdom ; for they in guilt transcendently excell , all that e'er poets or historians tell . to act fresh murders , and by flames devour , is but the recreation of their power : for they alone are for destruction chose , who either rome or tyranny oppose : tarquin and nero were but types of these , in whom all crimes are in their last degrees ▪ swelling like nile in a prodigious flood of execrable villanies and blood : yet how the age their lives and peace betray , and those whom th' ought to sacrifice th' obey . they lick up poyson and to tortures run , and madly hugg all egypt's plagues in one . degenerous slaves ! such monsters to adore , was ever sodom so caress'd before ? quick vengeance put a period to their breath , by their destruction ease the groaning earth : for mortals attempt the righteous work in vain ; heaven it self does th' immediate glory claim , for they 're reserv'd by thunder to be slain . the royal game : or , a princely new play found in a dream , &c. . prologve . whoever looks about and minds things well , and on affairs abroad doth take a view , may think the story which i here do tell was never dream't it falleth out so true . i do confess it 's something hard to find a crooked path directly in the dark ; and while a man 's asleep , you know he 's blind , and can't easily hit on a mark. well , be it so , yet this you know is right , what 's seen i' th' day is dreamt again at night . a dream i hope will no wise man offend , nor will it treason be ( i trow ) to lend a copy of my dream unto my friend . cabal , beware your shins , for thus my tale begins . the dream of the cabal : a prophetick satyr . anno . as 'tother night in bed i thinking lay , how i my rent shou'd to my landlord pay , since corn , nor wool , nor beast would money make ; tumbling perplex'd , these thoughts kept me awake . what will become of this mad world , quoth i ? what●s its disease ? what is its remedy ? where will it issue ? whereto does it tend ? some ease to misery 't is to know its end . till servants dreaming , as they us'd to doe snor'd me asleep , i fell a dreaming too . methought there met the grand cabal of seven , ( odd numbers some men say do best please heaven ) when sate they were , and doors were all fast shut , i secret was behind the hangings put : both hear and see i could ; but he that there had placed me , bad me have as great a care of stirring , as my life : and ere that out from thence i came , resolv'd shou'd be my doubt . what would become of this mad world , unless present designs were cross'd with ill success ? an awful silence there was held some space , till trembling , thus began one call'd his grace . great sir , your goverment for first twelve years has spoil'd the monarchy , and made our fears so potent on us , that we must change quite th' old foundations , and make new , wrong or right . for too great mixture of democracy within this goverment allay'd must be ; and no allay like nulling parliaments o' th' peoples pride and arrogance , the vents factious and saucy , disputing royal pleasure , who your commands by their own humours measure . for king in barnacles ( and to th' rack-staves ty'd ) you must remain , if these you will abide . so spake the long blue-ribbon : then a second , though not so tall , yet quite as wise is reckon'd , did thus begin : great sir , you are now on a tender point much to be thought upon , and thought on only ; for by ancient law , 't was death to mention what my lord fore-saw ; his trembling shew'd it , wherefore i am so bold to advise its standing , lest it shou'd be told we did attempt to change it ; for so much our ancestors secur●d it , that to touch , like sacred mount , 't is death ; and such a trick , i no-ways like my tongue shou'd break my neck . thus said , he sate . then lord of northern tone , in gall and guile a second unto none , inraged rose , and col'rick , thus began . dread majesty , male beam of fame , a son of th' hundred and tenth monarch of the nore ; de'l split the weam of th' loon that spoke afore , shame faw the crag of that ill-manner'd lord , that nent his king durst speak so faw a word ; and aw my saul , right weell the first man meant , de'l hoop his luggs that loves a parliament . twa houses aw my saul are too too mickle , they 'll gar the leard shall ne'er have a more prickle ; no money get to gee the bonny lass , but full as good be born without a — ten thousand plagues light on his cragg ( that gang ) to make you be but third part of a king. de'l take my saul , i 'll ne'er the matter mince , i 'd rather subject be then sike a prince . to hang , and burn , and slay , and draw , and kill , and measure aw things by my awn gude will , is gay dominion ; a checkmate i hate , of men , or laws , it looks so like a state. this eager well-meant zeal some laughter stirr'd ; till nose half plush , half flesh , the inkhorn lord crav'd audience thus . grave majesty divine , ( pardon that cambridge title , i make mine ) we now are enter'd on the great'st debate that can concern your throne and royal state. his grace hath so spoke all , that we who next speak after , can but comment on his text : only 't is wonder at this sacred board , shou'd sit 'mongst us a magna charta lord , a peer of old rebellious barons breed , worst , and great'st enemies to royal seed . but to proceed ; well was it urg'd by s grace , such liberty was given for twelve years space , that are by past , there 's no necessity of new foundations , if safe you 'll be . what travel , charge and art before was set this parliament , we had , you can't forget ; now force , cajole , and court , and bribe for fear they wrong should run , e'er since they have been here . what diligence , what study , day and night was on us , and what care to keep them right ? wherefore ( if good ) you can't make parliament , on whom such costs , such art and pains were spent , and moneys , all we had for them to do ; since we miss that , 't is best dismiss them too . ●tis true , this house the best is you can call , but in my judgment , best is none at all : well mov'd , the whole cabal cry'd , parliaments are cloggs to princes , and their brave intents . one did object , 't was against majesty to obey the peoples pleasure . another he their inconvenience argues , and that neither close their designs were , nor yet speedy either . whilst thus confused chatter'd the cabal , and many mov'd , none heard , but speak did all ; a little bobtail'd lord , urchin of state , a praise-god-bare-bone peer whom all men hate , amphibious animal , half fool , half knave ; begg'd silence , and this purblind counsel gave : blest and best monarch that e'er scepter bore , renown'd for vertue , but for honour more ; that lord spake last , has well and wisely shown , that parliaments , nor new , nor old , nor none can well be trusted longer ; for the state and glory of the crown , hate all checkmate . that monarchy may from its childhood grow to man's estate ; france has taught us how monarchy's divine : divinity it shows , that he goes backward that not forward goes . therefore go on , let other kingdoms see your will 's your law , that 's absolute monarchy ; a mixt hodge-podge will now no longer do , caesar or nothing you are brought unto : strike then , great sir , 'fore these debates take wind , remember that occasion 's bald behind . our game is sure in this , if wisely play'd , and sacred votes to th' vulgar not betray'd ; but if the rumour shou'd once get on wing , that we consult to make you abs'lute king , the plebeians head , the gentry forsooth , they strait would snort and have an aking tooth ; lest they , i say , should your great secrets scent , and you oppose in nulling parliament . i think it safer , and a greater skill to obviate , than to o'ercome an ill : for those that head the head are full as rude , when th' humor takes , as th' following multitude ; therefore be quick in your resolves , and when resolv'd you have , execute quicker then . remember your great father lost the game by slow proceedings , mayn't you do the same ? an unexpected , unregarded blow wounds more than ten made by an open foe . delays do dangers breed ; the sword is yours , by law declar'd , what need of other powers ? we may unpolitick be judg'd , or worse , if we can't make the sword command the purse ; no art , or courtship can the rule so shape without a force , it must be done by rape : and when 't is done , to say you cannot help , will satisfie enough the gentle whelp . phanaticks they 'll to providence impute their thraldom , and immediately grow mute ; for they , poor pious fools , think the decree of heaven falls on them , though from hell it be ; and when their reason is abas'd to it , they forthwith think t' religion to submit , and vainly glorying in a passive shame , they 'll put of man to wear the christian name : wherefore to lull 'em , do their hopes fulfill with liberty , they 're halter'd at your will ; give them but conventicle-room , and they will let you steal the englishman away , and heedless be , till you your nets have spread , and pull'd down conventicles on their head. militia therefore and parliaments cashier , a formidable standing army rear , they 'll mount you up , and up you soon will be , they 'll fear who ne'er did love your monarchy : and if they fear , no matter for their hate ; to rule by law becomes a sneaking state. lay by all fear , care not what people say , regard to them will your designs betray : when bite they cannot , what hurt can barking do ? and , sir , in time we 'll spoil their barking too , make coffee-clubs talk of more humble things than state affairs , and interest of kings . thus spake the rigling peer , when one more grave , that had much less of fool , but more of knave , began : great sir , it gives no small content , to hear such zeal ( for you ) 'gainst parliament ; wherefore , though i an enemy no less to parliaments than you your selves profess ; yet i must also enter my protest 'gainst these rude rumbling counsels indigest . and , great sir , tell you , 't is an harder thing than they suggest , to make you abs'lute king ; old buildings to pull down , believe it true , more danger in it hath , than building new. and what shall prop your superstructure till another you have built that suits your will ? an army shall , say they ( content ) but stay , from whence shall this new army have its pay ? for easie gentle government a while must first appear this kingdom to beguile the peoples minds , and make them cry up you , for raising old , and making better new. for taxes with new government all will blame , and put the kingdom soon into a flame : for tyranny has no such lovely look to catch men with , unless you hide the hook ; and no bait hides it more than present ease ; ease but their taxes , then do what you please . wherefore , all wild debates laid by , from whence shall money rise to bear this vast expence ? for our first thoughts thus well resolved , we in other things much sooner shall agree : join then with mother-church , whose bosom stands ope to receive us , stretching forth her hands : close but this breach , and she will let you see her purse as open as her arms shall be . for sacred sir , ( by guess i do not speak ) of poor she 'll make you rich , and strong of weak . at home , abroad , no money , no nor men , she 'll let you lack , turn but to her agen . the scot cou'd here no longer hold , but cry'd , del ' take the pape , and all that 's on his side ; the whore of rome , that mickle man of sin , plague take the mother , bearns , and aw the kin. what racks my saul ! must we the holy rood place in god's kirk again ? troth 't is not gude , i defy the loon , the de'l and all his works , the pape shall lig no mare in god's gude kirk , the scot with laughter check'd , they all agreed , the lord spoke last shou'd in his speech proceed , which thus he did ; great sir , you know 't is season salts all the motions that we make with reason ; and now a season is afforded us , the best e'er came , and most propitious . besides the summ the cath'licks will advance , you know the offers we are made from france ; and to have money and no parliament , must fully answer your design'd intent . and thus without tumultuous noise , or huff of parliaments , you may have money enough ; which , if neglected now , there 's none knows when like opportunities may be had again , for all to extirpate , now combined be , both civil and religious liberty . thus money you 'll have to exalt the crown , without stooping majesty to country clown . the triple league , i know , will be objected ; as if that ought by us to be respected ; but who to hereticks , or rebel pay'th the truth ingag'd to by solemn faith , debauched vertue , by those very things , the church profaneth and debaseth kings , as you your self have admirably shown by burning solemn cov'nant , though your own ; faith , justice , truth , plebeian vertues be , look well in them , and not in majesty . for publick faith is but a publick thief , the greatest cheat in nature's vain belief . the second lord though check'd , yet did not fear , impatient grew and could no longer bear , but rose in heat , and that a little rude the lord's voice interrupts , and for audience su'd : great majesty , authentick authors say , when hands was lifted up , craesus to slay , the fathers's danger on th' dumb son did make such deep impressions that he forthwith spake . pardon , great sir , if i , in imitation , seeing the danger to your land and nation , do my resolv'd-on silence also break , although i see the matter i shall speak , under such disadvantages will fall , that it , as well as i , exploded shall ; but vainly do they boast they loyal are , that can't for princes good , reflections bear ; nor will i call compurgators to prove , what honour to the crown iv'e born , with love , my acts have spoken , and sufficient are , above what e'er detractors did or dare . wherefore , great sir , 't is ignorance , or hate , dictates these counsels , you to precipitate . for say 't again i will , not eat my word , no council's power , no , nor yet the sword can old foundations alter or make new : let time interpret who hath spoken true . those country gentry with their beef and bacon , will shew how much you courtiers are mistaken ; for parliaments are not of that cheap rate , that they will down without a broken pate ; and then i doubt you 'll find those worthy lords more brave and champions with their tongue tha● sword wherefore , dread sir , encline not royal ear to their advice , but safer counsels hear ; stay till these lords have got a crown to lose , and then consult with them which way they 'll chuse , will you all hazard for their humours sake , who nothing have to loose , nothing at stake ; and at one game your royal crown expose , to gratifie the foolish lusts of those , who hardly have subsistence how to live , but what your crown and grace to them does give ? and one of those ( bagg-pudding ) gentleman , ( except their places ) would buy nine or ten : then , why they should thus slight the gentleman , i see no reason , nor think how they can ; for had not gentleman done more than lord , i 'll boldly say 't , you ne'er had been restor'd . but why , of armies now , great sir , must we ( so fond just now ) all on the sudden be ? what faithfull guardians have they been to pow'rs that have employ'd 'em , that you 'd make 'em yours ? enough our age , we need not seek the glory of armies faith , in old , or doubtfull story : your father 'gainst the scots an army rear●d , but soon , that army more than scot he fear'd : he was in hast to raise them , as we are , but to disband them was far more his care ; how scottish army after did betray his trust and person both , i need not say . rump-parliament an army rear'd , and they the parliament that rais'd them , did betray ; the lord protector they set up one hour , the next pull'd down the protectorian pow'r . your father's block and judges the same troops did guard , some tongues at death of both made hoops : and will you suffer armies to beguile , and give your crown and them to cross and pile ? what if as monk shou●d both swear , lie and feign , till he does both your trust and army gain , and you believe his oath and faith is true , but serves himself instead of serving you . pardon , great sir , if zeal transports my tongue , t● express what your greatness don't become . expose i can't your crown and sacred throat to the false faith of a common red-coat . your law , your all does sence secure from fears ; that kept , what trouble needs of bandileers ? consider , sir , 't is law that makes you king , the sword another to the crown may bring ; for force knows no distinction , longest sword makes peasant prince , lackquey above his lord. if that be all that we must have for laws , your will inferiour may be to jack straw's . if greater force him follow ; there 's no right where law is failing , and for will men fight . best man is he alone whose steel's most strong ; where no law is , there 's neither right nor wrong . that fence broke down , and all in common laid , subjects may prince , and prince may them invade . see , greatest sir , how these your throne lay down , instead of making great your royal crown , how they divest you of your majesty : for law destroy'd , you are no more than we . and very vain would be the plea of crown , when statute-laws , and parliaments are down . this peer proceeded on to shew how vain an holy league would be with rome again , and what dishonour 't would be to our crowns , if unto france give cautionary towns. he 's interrupted , and bid speak no more , by 's enraged majesty , who deeply swore , his tongue had so run o'er , that he 'd take such vengeance on him , and example make to after ages , all which heard shou'd fear , to speak what wou'd displease the royal ear ; and bid the lord that spoke before go on , and silence all should keep till he had done ; who thus his speech re'ssum'd . if lord spake last , to interrupt me had not made such hast , i soon had done ; for i was come , great sir , t' advise your sending dutch embassador ; but much it does concern you whom to trust , with this embassy : for none true , nor just , wise , stout , or honourable , nor a friend , should you in any wise resolve to send , lest any unseen , or unlucky chance shou'd in this war befall to us or france . we may that loathed wretch give to the hate of th' peoples fury , them to satiate . and when all 's done that can be done by man , much must be left to chance , do what we can . and if you 'll make all christendom your friend , and put to dutch-land-league an utter end ; then surely you may have of men and treasure enough of both to execute your pleasure . this speech being ended , five or six agree , france shall be lov'd , and holland hated be . all gone , i wak'd , and wondred what should mean all i had heard , methought 't was more than dream . and if cabal thus serve us englishmen , 't is ten to one but i shall dream again . on the three dukes killing the beadle on sunday morning , febr. the th , / . near holborne lies a park of great renown , the place , i do suppose , is not unknown . for brevity's sake the name i shall not tell , because most genteel readers know it well , since middle park near chairing-cross was made , they say there is a great decay of trade , 't was there gleek of dukes by fury brought with bloody mind a sickly damsel sought , and against law her castle did invade , to take from her her instrument of trade , 't is strange ( but sure they thought not on 't before ) three bastard dukes should come t' undoe one whore. murder was cry'd ( truth is , her case was sad ) when she was like to lose ev'n all she had : in came the watch , disturb'd with sleep and ale , by shrill noises , but they could not prevail , t' appease their graces ; straight rose mortal jarrs betwixt the night black guard and silver stars ; then fell the beadle by a ducal hand , for daring to pronounce the sawcy stand. the way in blood certain renown to win , is first with bloody noses to begin . the high-born youths their hasty errand tell , dam ye you rogue , we 'll send your soul to hell. they need not send a messenger before , they 're too well known there to stay long at door . see what mishaps dare ev'n invade whitehall ; this silly fellow's death puts off the ball , and disappoints the queen , poor little chuck , i warrant 't would have danc'd it like a duck. the fidlers , voices , entries , all the sport , and the gay show put off , where the brisk court anticipates in rich subsidy-coats all that is got by mercenary votes : yet shall whitehall the innocent , the good , see these men dance all daub'd with lace and blood. near t'other park there stands an aged tree , as sit as if 't were made o' th nonce for three ; where that no ceremony may be lost , each duke for state may have a several post. what storms may rise out of so black a cause , if such turd-flies shall break through cobweb laws the history of insipids ; a lampoon , . by the lord roch — r. . chast , pious , prudent , c — the second , the miracle of thy restoration , may like to that of quails be reckon'd rain'd on the israelitish nation ; the wish'd for blessing from heav'n sent , became their curse and punishment . . the vertues in thee , c — inherent , although thy countenance be an odd-piece , prove thee as true a god's vicegerent as e'er was harry with the codpiece : for chastity and pious deeds , his grandsire harry , c — exceeds . . our romish bondage-breaker harry , espoused half a dozen wives ; c — onely one resolv'd to marry , and other mens he never — yet hath he sons and daughters more , than e'er had harry by threescore . . never was such a faith's defender , he like a politick prince , and pious , gives liberty to conscience tender , and doth to no religion tye us . jews , turks , christians , papists , he 'll please us , with moses , mahomet , or j — . in all affairs of church or state , he very zealous is , and able , devout at prayers , and sits up late at the cabal and council-table ; his very dog at council-board , sits grave and wise as any lord. . let c — his policy no man flout , the wisest kings have all some folly ; nor let his piety any doubt ; c — like a sovereign wise and holy , make young men judges of the bench , and bishops those that love a wench , . his father's foes he doth reward , preserving those that cut off's head : old cavaliers the crown 's best guard , he let 's them starve for want of bread. never was any king endow'd with so much grace and gratitude . . blood that wears treason in his face , villain compleat , in parson's gown , how much is he at court in grace for stealing ormond and the crown ? since loyalty does no man good , let 's steal the king and out-do blood. . a parliament of knaves and sots , members by name , you must not mention , he keeps in pay , and buys their votes ; here with a place there with a pension . when to give money he can't cologue 'um , he doth with scorn prorogue , prorogue ' um . . but they long since , by too much giving , undid , betray'd , and sold the nation ; making their memberships a living , better than e'er was sequestration . god give thee c — a resolution to damn the knaves by dissolution , . fame is not grounded on success , though victories were caesar's glory ; lost battels make not pompey less , but left them stiled great in story , malicious fate doth oft devise to beat the brave and fool the wise. . charles in the first dutch war stood fair to have been sovereign of the deep ; when opdam blew up in the air , had not his highness gone to sleep . our fleet slack'd sails , fearing his waking , the dutch else had been in sad taking . . the bergen business was well laid , though we paid dear for that design : had we not three days parling staid , the dutch fleet there , charles had been thine . though the false dane agreed to sell 'um , he cheated us , and saved skellum . . had not charles sweetly choos'd the states , by bergen baffle grown more wise , and made them shit as small as rats , by their rich smyrna fleets surprize . had haughty holms but call'd in spragg , hans had been put into a bag. . mists , storms , short victuals , adverse winds , and once the navies wise division , defeated charles his best designs , till he became his foes derision . but he had swing●d the dutch at chattam , had he had ships but to come at ' um . . our blackheath host without dispute , rais'd , ( put on board , why , no man knows ) must charles have rendered absolute , over his subjects or his foes . has not the french king made us fools , by taking maestricht with our tools ? . but charles what could thy policy be , to run so many sad disasters ; to join thy fleet with false d' etrees , to make the french of holland masters ? was 't carewell , brother james , or teague , that made thee break the triple league ? . could robin viner have foreseen the glorious triumphs of his master , the wool-church statue gold had been , which now is made of alabaster : but wise men think , had it been wood , 't were for a bankrupt k — too good . . those that the fabrick well consider , do of it diversly discourse ; some pass their censure of the rider , others their judgment of the horse : most say the steed's a goodly thing , but all agree 't is a lewd k — . by the lord mayor and his grave coxcombs , free-man of london charles is made ; then to whitehall a rich gold box comes , which was bestow'd on the french jade . but wonder not it should be so , sirs , when monarchs rank themselves with grocers . . cringe , scrape no more , ye city fops , leave off your feasting and fine speeches , beat up your drums , shut up your shops , the courtiers then will kiss your breeches , arm'd , tell the popish duke that rules , you 're free-born subjects , not french mules . . new upstarts , pimps , bastards , whores , that locust-like devour the land , by shutting up th' exchequer doors , when thither our money was trapann'd , have rendred c — his restauration , but a small blessing to the nation . . then c — beware of thy brother york who to thy government gives law ; if once we fall to the old sport , you must again both to breda : where ' spight of all that would restore you , grown wise by wrongs , we shall abhor you , . if of all christian blood the guilt cry loud for vengeance unto heaven ; that sea by treacherous lewis spilt , can never be by god forgiven . worse scourge unto his subjects , lord , than pestilence , famine , fire or sword. . that false repacious wolf of france , the scourge of europe , and its curse , who at his subjects cry , does dance , and studys how to make them worse . to say such kings , lord , rule by thee , were most prodigious blasphemy . . such know no law but their own lust , their subjects substance , and their blood , they count it tribute due and just , still spent and spilt for subjects good . if such kings are by god appointed , the devil may be l — anointed . . such kings cust be the power and name , let all the world henceforth abhor 'em ; monsters which knaves sacred proclaim , and then like slaves fall down before ' em . what can there be in kings divine ? the most are wolves , goats , sheep , or swine . . then farewell sacred majesty , let 's pull all brutish tyrants down ; when men are born , and still live free , here ev'ry head doth wear a crown , mankind like miserable frogs , prove wretched , kings by storks and logs . rochester's farewell , . tir'd with the novsom follies of the age , and weary of my part , i quit the stage ; for who in lif's dull farce a part would bear , where rogues , whores , bawds , all the head actors are ? long i with charitable malice strove , lashing the court , those vermin to remove , but thriving vice under the rod still grew , as aged letchers whipp'd , their lust renew ; yet though my life hath unsuccessfull been , ( for who can this augaean stable clean ) my gen'rous end i will pursue in death , and at mankind rail with my parting breath . first then , the tangier bullies must appear , with open bravery , and dissembled fear : mulg — e their head ; but gen'ral have a care , though skill'd in all those arts that cheat the fair , the undiscerning and impartial moor , spares not the lover on the ladies score . think how many perish by one fatal shot , the conquests all thy ogling ever got . think then ( as i presume you do ) how all the english beauties will lament your fall ; scarce will there greater grief pierce ev'ry heart , should sir george hewit of sir carr depart . had it not better been , than thus to roam . to stay and tye the cravat-string at home ? to strut , look big , shake pantaloon , and swear with hewit , dame , there 's no action there . had'st thou no friend that would to rowly write , to hinder this thy eagerness to fight ? that without danger thou a brave might'st be , as sure to be deny'd as shrews — y. this sure the ladies had not fail'd to do , but who such courage could suspect in you ? for say , what reason could with you prevail , to change embroider'd goat for coat of mail ? let plim — h , or let mord — t go , whom fate has made not valiant but desperate . for who would not be weary of his life , who 's lost his money , or has got a wife ? to the more tolerable alcaid of alcazzer , one flies from 's . creditors , the other from frazier ; 't were cruelty to make too sharp remarks , on all the little , forward , fighting sparks ; only poor charles i can't but pity thee , when all the pert young voluntiers i see . those chits in war , who as much mirth create , as the pair royal of the chits of state : their names shall equal or exceed in story , chit sund — d , chit godo — n , and chit l — y. when thou let'st plim — h. go t was such a jest , as when the brother made the same request ; had rich — d but got leave as well as he , the jest had been compleat and worthy thee . well since be must , he●ll to tangier advance it is resolv'd , but first let 's have a dance . first , at her highness ball he must appear , and in a parting country dance , learn there with drum and fife to make a jigg of war ; what is of soldier seen in all the heap , besides the flutt'ring feather in the cap , the scarf , and yard or two of scarlet cloath , from gen'ral mulg — e down to little wroth ? but now they 're all embark'd and curse their fate , curse charles that gave them leave , and much more kate , who then tangier to england and the king no greater plague , besides her self could bring ; and wish the moors , since now their hand was in , as they have got her portion , had the queen . there leave we them , and back to england come , where-by the wiser sparks that stay at home , in safe ideas by their fancy form'd , tangier ( like mastrich ) is at windsor storm'd . but now we talk'd of mastrich , where is he , fam'd for that brutal piece of bravery ? he with his thick impenetrable skull , the solid , hard'ned armour of a fool : well might himself to all wars ill expose , who ( come what will yet ) had no brains to lose : yet this is he , the dull unthinking he , who must ( forsooth ) our future monarch be , this fool by fools ( armstrong and ven — n ) led , dreams that a crown will drop upon his head , by great example , he this path doth tread , following such sensless asses up and down , ( for saul sought asses when he found a crown ) but rosse is risen as samuel at his call , to tell that god hath left th' ambitious saul . never ( says heaven ) shall the blushing sun , see proger's bastard fill the regal throne . so heaven says , but bran — n says he shall , but who e'er he protects is sure to fall . who can more certain of destruction be , that he that trusts to such a rogue as he ? what good can come from him who york forsook , t' espouse the interest of this booby duke ? but who the best of masters could desert , is the most fit to take a traytor 's part . ungrateful ! this thy master-piece of sin , exceeds ev'n that with which thou didst begin . thou great proficient in the trade of hell , whose latter crimes still do thy first excell : the very top of villainy we seize , by steps in order , and by just degrees . none e'er was perfect villain in one day , the murder'd boy to treason led the way ; but when degrees of villainy we name , how can we chuse but think on buck — m ? he who through all of them hath boldly ran , left ne'er a law unbroke of god or man. his treasured sins of supererogation , swell to a summ enough to damn a nation : but he must here , per force , be let alone , his acts require a volume of their own : where rank'd in dreadful order shall appear , all his exploits from shrews — y to le meer . but stay , methinks i on a sudden find , my pen to treat of th' other sex inclin'd : but where in all this choice shall i begin ? where , but with the renowned mazarine ? for all the bawds the courts rank soil doth bear , and bawds and statesmen grow in plenty there . to thee submit and yield , should we be just , to thy experienc'd and well-travell'd lust : thy well-known merits claim that thou should'st be , first in the glorious roll of infamy . to thee they all give place , and homage pay , do all thy letcherous decrees obey ; ( thou queen of lust , thy bawdy subjects they . ) while sussex , brughill , betty felton come , thy whores of honour , to attend thy throne ; for what proud strumpet e'er could merit more , than be anointed the imperial whore ? for tell me in all europe , where 's the part , that is not conscious of thy lewd desert . the great pedalion youth , whose conquests run o'er all the world , and travell'd with the sun , made not his valour in more nations known , than thou thy lust , thy matchless lust have shown . all climes , all countries do with tribute come , ( thou world of lewdness ) to thy boundless womb : thou sea of lust , that never ebb dost know , whither the rivers of all nations flow . lewd messaline was but a tipe of thee , thou highest , last degree of letchery : for in all ages , except her and you , who ever sinn'd so high and stoop'd so low ? she to the imperial bed each night did use , to bring the stink of the exhausted stews ; tir'd ( but not satify'd ) with man did come , drunk with abundant lust , and reeling home . but thou to our admiring age dost show more sin than innocent rome did ever know ; and having all her lewdnesses out-ran , takes up with devil , having tir'd man : for what is else that loathsome ugly black , which you and sussex in your arms do take ? nor does old age , which now rides on so fast , makes thee come short of all thy lewdness past : though on thy head , grey hairs , like etna's snow are shed , thour' t fire and brimstone all below . thou monstrous thing , in whom at once does rage the flames of youth , and impotence of age. my lady dutchess takes the second place , proud with thy favour and peculiar grace ; ev'n she with all her piety and zeal , the hotter flames that burn in thee does feel . thou dost into her kindling breast inspire , the lustful seeds of thy contagious fire ; so well the spirit and the flesh agree , lust and devotion , zeal and letchery . of what important use religion 's made , by those who wisely drive the cheating trade ; as wines prohibited securely pass , changing the name of their own native place . so vice grows safe , dress'd in devotion 's name , unquestion'd by the custom-house of fame : where ever too much sanctity you see , be more suspicious of hid villany ? whose ' ever 's zeal is than his neighbours more , if man suspect him rogue , if woman whore : and such a thing art thou religious pride , so very lew'd , and yet so sanctify'd . let now the dutchess take no further care , of numorous stallions let her not despair , since her indulgent stars so kind have been , to send her bromley h — and mazarine ; this last doth banish'd monmouth's place supply , and wit supplanted is by letchery . for monmouth's he had parts , and wit , and sense , to all which mazrine had no pretence ; a proof that since such things as she prevail , her highness head is lighter than her tail. but stay , i portsmouth almost had forgot , the common theam of ev'ry rhiming sot ; she 'll after railing make us laugh a while , for at her folly who can chuse but smile ? while them who always slight her , great she makes , and so much pains to be despis'd she takes . goes sauntring with her highness up to town , to an old play , and in the dark come down ; still makes her court to her as to the queen , but still is justled out by mazarine . so much more worthy a kind bawd is thought , than even she who her from exile brought . o portsmouth , foolish portsmouth ! not to take the offer the great sun — d did make . when cringing at thy feet ; e'en monmouth bow'd , the golden calf , that 's worshipp'd by the crowd . but thou for y — k , who now despises thee , to leave both him and pow'rful shaftsbury . if this is all the policy you know , this all the skill in states you boast of so , how wisely did thy countreys laws ordain , never to let the foolish women reign , but what must we expect , who daily see unthinking charles rul'd by unthinking thee ? marvil's ghost . by mr. jo. ayloffe . from the dark stygian lake i come , to acquaint poor england with her doom ; which by the infernal sisters late , i copied from the book of fate : and though the sense may seem disguis'd , 't is in these following lines compriz'd . when england shall forsake the broom , and take the thistle in the room ; a wanton fidler shall be led by fate to shame his master's bed ; from whence a spurious race shall grow , design'd for britain's overthrow . these , whilst they do possess her throne , shall serve all interests but their own ; and shall be both in peace and war , scourges unto themselves and her . a brace of excil'd youths , whose fates shall pull down vengeance on those states that harbour'd them abroad , must come well skill'd in foreign vices home , and shall their dark designs to hide , with two contesting churches side ; till with cross persecuting zeal , they have destroy'd the common-weal : then incest , murder , perjury , shall fashionable vertues be ; and villainies infest this isle , shall make the son of claudius smile . no oaths or sacraments hold good , but what are seal'd with lust and blood : lust , which cold exile could not tame , nor plague nor fire at home reclaim : for this she shall in ashes mourn , from europe's envy turn her scorn , and curse the day that e'er gave birth to caecil , or to monk on earth . but as i onwards strove to look , the angry sister shut the book , and said , no more , that fickle state shall know no further of her fate ; her future fortunes must be hid , till her known ills be remedied ; and she to those resentments come , that drove the tarquins out of rome ; or such as did in fury turn the assyran's palace to his urn. the true englishman , . curs'd be the tim'rous fool , whose feeble mind is turn'd about with every blast of wind ; who to self-interest basely does give ear , and suffers reason to be led by fear : he only merits a true english name , who always says , and does , and is the same ; who dares be honest , though at any rate , and stands prepar'd to meet the worst of fate : he laughs at threats , and flatt'ries does despise , and won't be knavish to be counted wise : no publick storm can his clear reason blind , or bad example influence his mind . let m — like a cur kick'd out of doors , for his aspiring projects and amours , unman himself to sneak , fawn , cringe and whine , and play the spaniel , till they let him in ; then , with a grinning and affected leer , run his red snout in every lady's ear . let a lewd judge come reeking from a wench , to vent a wilder lust upon the bench ; bawl out the venom of his rotten heart , swell'd up with envy , over-act his part ; condemn the innocent by laws ne'er fram'd ; and study to be more than doubly damn'd . let a mean scoundrel lord ( for equal fear of hanging , or of starving ) falsely swear ; let him , whose knavery and impudence is known to every man's experience , with scraps of broken evidence , contrive to feed , and keep a fainting plot alive : nay , though he swears by the same deities , whom he has mock'd by mimmic sacrifice . let rumsey , with his ill-look'd treacherous face , that swarthy off-spring of a hellish race , whose mother , big with an intriguing devil , brought an epitome of all that 's evil : let him be perjur'd , and as rashly damn t' eternal infamy his odious name . let knaves and fools confound the tott'ring state , and plunge the subjects in their monarch's hate ; blinding by false accounts of men and things , the most indulgent and the best of kings . let an unthinking hair-brain'd bigot's zeal , ( not out of any thought of doing well , but in a pure defiance of the law ) in bloody lines his true idea draw ; that men may be inform'd , and early see , what such a man ( if once in pow'r ) wou'd be : of royal mercy : let him stop the sourse , that death may have a free and boundless course ; till shivering ghosts come from their gloomy cell , and in dumb forms a fatal story tell . let the court swarm with pimps , rogues , bawds and whores , and honest men be all turn'd out of doors ; let atheism and prophaneness there abound , and not an upright man ( god save the king ) befound . let men of principles be in disgrace , and mercenary villains in their place ; let free born cities be by treach'ry won , lose their just liberties , and be undone : let states-men sudden changes undertake , and make the government 's foundation shake ; till strange tempestuous murmers do arise , and show a storm that 's gath'ring in the skies . let all this happen . nay , let certain fate upon the issue of their actions wait ; if you 've a true , a brave undaunted mind of english principles , as well as kind ; you 'll on the bottom of true honour stand , firm as a rock , unshaken as the land : so when vast seas of trouble 'gainst you beat , they 'll break , and force themselves to a retreat ; no fate , no flattery can e●er controul a steady , resolute , heroick soul. on the young statesmen . by j. dryden , . clarenden had law and sense , clifford was fierce and brave , bennet's grave look was a pretence , and d — y's matchless impudence help'd to support the knave . . but sund — d , god — n , l — y , these will appear such chits in story , 't will turn all politicks to jests , to be repeated like john dory , when fidlers sing at feasts . . protect us , mighty providence , what wou'd these mad-men have ? first , they would bribe us without pence , deceive us without common sense , and without power enslave . . shall free-born men in humble awe , submit to servile shame ; who from consent and custom , draw the same right to be rul'd by law which kings pretend to reign ? . the duke shall wield his conq'ring sword , the chancellor make a speech , the king shall pass his honest word , the pawn'd revenue summs afford ; and then come kiss my breech . . so have i seen a king on chess , ( his rooks and knights withdrawn , his queen and bishops in distress ) shifting about , grow less and less , with here and there a pawn . portsmouth's looking-glass . by the lord roch — r. methinks i see you newly risen , from your embroidered bed and pissing ; with studied mein and much grimace , present your self before your glass , to varnish and rub o'er those graces , you rub'd off in your night embraces : to set your hair , your eyes , your teeth , and all those powers you conquer with ; lay trains of love and state-intrigues , in powders , trimmings , and curl'd wigs : and nicely chuse , and neatly spread , upon your cheeks the best french red. indeed for whites none can compare , with those you naturally wear ; and though her highness much delights to laugh and talk about your whites ; i never could perceive your grace made use of any for your face . here 't is you practice all your art , to triumph o'er a monarch's heart ; tattle and smile , and wink and twink on 't , it almost makes me sp — to think on 't . these are your master-strokes of beauty , that keeps poor rowley to hard duty : and how can all these be withstood , by frail amorous flesh and blood ? these are the charms that have bewitcht him , as if a conjurer's rod had switcht him : made him he knows not what to do , but loll and fumble here with you . amongst your ladies , and his chitts , at cards and council here he sits : yet minds not how they play at either , nor cares not when 't is walking weather : business and power he has resign'd , and all things to your mighty mind . is there a minister of state , or any treasurer of late , that 's fawning and imperious too ? he owes his greatness all to you : and as you see just cause to do it , you keep him in , or turn him out . hence 't is you give us war and peace , raise men , disband them as you please : take any pensions , retrench wages , for petticoats , and lusty pages : contrive and execute all laws , suiting the judges to the cause . learn'd scroggs and honest jeffreys , a faithfull friend to you who e're is ; he made the jury come in booty , and for your service wou'd hang doughty . you govern every council meeting , making th● fools do as you think fitting : your royal cully has command , onely from you at second hand ; he does but at the helm appear , sits there and sleeps while your slaves steer : and you are the bright northern star , by which they guide this man of war ; yet without doubt they might conduct him better , were you better f — many begin to think of late , his crown and c — ds have both one date ; for as they fall , so falls the state. and as his reins prove loose and weak , the reigns of government must break . the impartial trimmer . . since there are some that with me see the state of this declining isle , and mourn its fate ; french councellors and whores , french education , have chang'd our natures , and enslav'd our nation : there was a time when barons boldly stood , and spent their lives for their dear countries good ; confim'd our charter , with a curse to light on those that shou'd destroy that sacred right , which power with freedom can so well unite , the hated name of rebel is not due to him that is to law and justice true . brutus bold part may justly claim renown , preferring right to friendship and a crown ; for 't was not treason then to keep our own . but now the nation with unusual need cries help , where is our bold , our english breed ? popery and slavery are just at hand , and every patriot is a s — d. shaftsbury's gone , another change to try ; he hates his word , yet more the monarchy . no head remains our loyal cause to grace , for monmouth is too weak for that high place : more proper for the court where he was rais'd , his dancing envy'd , and his dressing prais'd , where still such folly is so well protected , those few that han't it are oblig●d t' affect it ; for statesmen , king , and whore , and all have sworn t' advance such wit and virtue as their own : degenerate rome and spain deserves to out-brave us , if hide or hallifax can e'er enslave us ; or he that kneels 'twixt his dogs and whore , rul'd by a woman , he can use no more ; whispers with knaves , and jests all day with fools , is chid to counsel like a boy to school . false to mankind , and true to him alone . whose treason still attempts his life and crown . rouse up and cry , no slavery , no york and free your king from that devouring ●●ork ; tho' lull'd with ease and safety he appear , and trusts the reins to him he ought to fear . 't is loyalty indeed to keep the crown upon a head that would it self dethrone . this is the case of our unthinking prince , wheedled by knaves , to rule 'gainst common sense ; that we provok'd our wrongs to justi●●e , might in his reign his brother's title try . live long then charles , secure of those you dread , there 's not five whiggs that ever wish'd you dead , for as old men rarely of gout complain , that life prolongs , but sooths its wholsome pain . so we with as small cause ( god knows ) to boast , bear much with you , rather than with him roast : for if a subject he such terror bring , what may we hope from a revengefull king ? both lew'd and zealous , stubborn in his nonsense , he 'll sacrifice mankind to ease his conscience . o happy venice , whose good laws are such , no private crime the publick peace can touch . but we most wretched , while two fools dispute , if leg or armstrong shall be absolute . bajazet to gloriana , / ; . fair royal maid , permit a youth undone , to tell you how he drew his ruin on ; by what degrees he took that passion in , that made him guilty of promethean sin , who from the gods durst steal celestial fire ; and tho' with less success i did as high aspire : ah! why ( you gods ) was she of mortal race , and why ' twix her and me was there so vast a space ? why was she not above my passion made ? some star in heaven or goddess of the shade . and yet my haughty sold could ne'er have bow'd to any beauty of the common crowd . none but the brow that did expect a crown could charm or awe me with a smile or frown . i liv'd the envy of the arcadian plains , sought by the nymphs , and bow'd to by the swains . where e'er i pass'd , i swept the street along , and gather'd round me all the gazing throng . in numerous flocks and herds i did abound , and when i vainly spread my wishes round , they wanted nothing but my being crown'd ; yet witness all you spightfull pow'rs above , if my ambition did not spring from love : had you , bright gloriana , been less fair , less excellent , less charming than you are , i had my honest loyalty retain'd , my noble blood untainted had remain'd ; witness your graces , witness your sacred bowers , you shaded river , banks , and beds of flowers , where the expecting nymphs have past their hours ; witness how oft ( all careless of their fame ) they languish'd for the author of their flame : and when i came reproach'd , my old reserve ask'd for what nymph i did my joys preserve ? what sighing maid was next to be undone , for whom i drest and put my graces on ? and never thought ( tho' i feign'd ev'ry proof of tender passion ) that i lov'd enough . while i with love's variety was cloy'd , or the faint pleasure like a dream enjoy'd ; 't was gloriana's eyes , my soul alone , with everlasting gust could feed upon . from her first bloom my fate i did pursue , and from the tender fragrant bud i knew , the charming sweet it promis'd when it blew . they gave me hope , and 't was in vain i try'd the beauty from the princess to divide : for he at once must feel whom you inspire a soft ambition and a haughty fire , and hopes the natural aid of young desire . my unconsidering passion had not yet thought your illustrious birth for mine too great 't was love that i pursu'd , that god that leads sometimes the equall'd slave to princes beds . but oh ! i had forgot that flame must rest in your bright soul that makes th' adorer blest ; your sacred fire alone must you subdue , 't is that , not mine , can raise me up to you ; yet if by chance m' ambition meet a stop , with any thought that check'd m' advancing hope : this new one straight wou'd all the rest confound , how every coxcomb aim'd at being crown'd : the vain young fool with all his mother's parts , who wanted sense enough for little arts ; whose composition was like cheder cheese , ( 〈…〉 production all the town agrees . ) to whom from prince to priest was added suff , from great king charles e'en down to father goff ; yet he with vain pretension lays a claim , to th● glorious 〈◊〉 of a sovereign : and when for gods such wretched things set up , was it so great a crime for me to hope ? no laws of god or man my vows reprove , there is no treason in ambitious love : that sacred antidote i' th' poyson'd cup , quells the contagion of each little drop . i bring no forces but my sighs and tears , my languishments , my soft complaints and prayers . artillery which was never sent in vain , nor fails , where-e'er it lights , to wound or pain . here only , here rebated they return , meeting the solid armour of your scorn ; scorn by the gods , i any thing could bear , the rough fatigues and storms of dangerous war ; long winter marches or the summer's heat , nay e'en in battle from the foe defeat ; scars on this face , scars , whose dull recompence wou'd ne'er attone for what they rob from thence ; scandal of coward , nay half witted too , or siding with the pardon'd rebel crew : or ought but scorn , and yet you must frown on , your slave was destin'd thus to be undone ; you the avenging deity appear , and i a victim fall to all the injur'd fair . on king charles , by the earl of rochester , for which he was banish'd the court and turn'd mountebank . in the isle of great britain long since famous known , for breeding the best c — in christendom ; there reigns , and long may he reign and thrive , the easiest prince and best bread man alive : him no ambition moves to seek renown , like the french fool , to wander up and down , starving his subjects , hazarding his crown . nor are his high desires above his strength , his scepter and his p — are of a length , and she that plays with one may sway the other , and make him little wiser than his brother . i hate all monarchs and the thrones that they sit on , from the hector of france to the cully of britain . poor prince , thy p — like the boffoons at court , it governs thee , because it makes thee sport ; tho' safety , law , religion , life lay out , 't will break through all to make it's way to c — . restless he rolls about from whore to whore , a merry monarch , scandalous and poor . to carewell the most dear of all thy dears , the sure relief of thy declining years ; oft he bewails his fortune and her fate , to love so well , and to be lov'd so late ; for when in her he settles well his t — , yet his dull graceless buttocks hang an arse . this you 'd believe , had i but time to tell you , the pain it costs to poor laborious nelly , while she employs hands , fingers , lips and thighs , e'er she can raise the member she enjoys . cato's answer to libanius , when he advis'd him to go and consult the oracle of jupiter hamon ; translated out of the th . book of lucan , beginning at quid quin. labiene jubes , &c. by mr. john ayloffe . what should i ask my friends which best wou'd be , to live enslav'd or thus in arms dye free ; if any force can honours price abate , or vertue bow beneath the blows of fate : if fortune's threats a steady soul disdains ; or if the joys of life be worth the pains : if it our happiness at all import , whether the foolish scene be long or short : if when we do but aim at noble ends , the attempt alone immortal fame attends : if for bad accidents which thickest press , on merit we should like a good cause less , or be the fonder of it for success . all this is clear , words in our minds it strikes , nor hamon nor his priest can deeper fix , without the clergies venial cant and pains , gods never frustrate will holds ours in chains , nor can we act , but what th' all-wise ordains , who need no voice nor perishing word to awe our wild desires and give his creatures law ; whate'er to know , or needfull was or fit , in the wise frame of humane souls is writ , both what we ought to do and what forbear , he once for all did at our birth declare ; but never did he seek out desert lands , to bury truth in unfrequented sands ; or to a corner of the world withdrew head of a sect , or partial to a few . nature's vast fabrick is his house alone , this globe his footstool , and high heaven his throne . in earth , air , sea , and in who e'er excells in knowing heads and honest hearts he dwells . why seek we then among these barren sands , in narrow shrines and temples built with hands ; him whos 's dread presence does all places fill , or look but in our reason for his will ? and we e'er saw is god , in all we find apparent print of the eternal mind . let flatt'ring fools their course by prophets steer , and always of the future live in fear : no oracle or dream the crowd is told , can make me more or less resolv'd or bold ; but certain death which equally on all both on the coward and the brave must fall ; this said , and turning with disdain about , he left scorn'd and hamon to the vulgar rout. the lord lucas's ghost , . from the blest regions of eternal day , where heaven-born souls imbibe th' immortal ray , where liberty and innocence reside free from the gripes of tyranny and pride , where pious patriots that have shed their blood for sacred truths and for the publick good , now rest secure from thence ( poor isle ) i come to see thy sorrows and bewail thy doom , thy sore oppressions and thy piercing cry , disturbs our rest and drowns our harmony . when stiff-neck'd israel did their god reject , and in his stead an idol-king erect : heav'ns flaming sword he brandish'd in his hand , and dreadfull thunder struck their sinfull land ▪ till penitence atton'd his sinful ire , and quench'd the rage of his consuming fire . but this poor land still feels the dire effect of his just wrath , who his mild reign reject . unhappy isle , how oft hast thou been curst with f — lish kings ; but this of all 's the worst . the fire , the plague , the sword , are dreadful fiends , this r — l plague all other far transcends . from him the fountain of all our mischifs flows , from him the fire , from him the war arose . with rome he plots , religion to o'erthrow , with france combines to enslave the people too . no man must near his sacred person come , unless he be for tyranny and rome . with hardned face he assaults the frail and fair , uses his power the vertuous to ensnare . with troops of vice he conquers liberty ; depresses virtue , enthrones tyranny ; threatens the coward , fawns upon the bold , debauches all with power or with gold. lift up thy head , afflicted isle , and hear , the time of thy deliverance draws near ; his full-blown crimes will certainly pull down a slow , but sure destruction of his crown . his loathed acts thy freedom's birth shall cause , secure religion , produce wholesome laws . no more the poor , the rich one shall devour ; no more shall right yield to oppressive power : no more shall rapine make the country groan , nor civil wars shall reign within the town : the iron scepter , and the tyrant's hand , shall cease henceforth to bruise thy happy land. rome's hocus pocus ministers no more shall cause mankind their jugling priests t' adore : thy learned clergy shall confound them all , and they , like ely's sons , unpitied fall . dark mists of errors then must fly away , and hell's delusions shrink from the bright day truth 's sacred light in full abundance shall upon thy teachers and thy people fall . so when th' eternal son was born to die for all the world , the lesser gods did fly ; his bright appearance struck their prophets dumb , and death , like silence , did their gods intomb . the tunefull spheres with hallelujahs rung , heaven's mighty host with man one chorus sung ▪ ne'er fading glory unto god above , peace upon earth , to men eternal love. thus the creation shouted with one voice ; thus heaven and earth did at his birth rejoice : and thus shall all repeat this song again , when upon earth he shall begin to reign . but this lov●d isle shall be the chosen place , here shall the king of kings begin his race : judea was his cradle and the tomb , britain shall be his throne in time to come . an epitaph . algernoon sidney fills this tomb : an atheist , by declaiming rome : a rebel bold , by striving still to keep the laws above the will ; and hindring those would pull them down , to leave no limits to a crown : crimes damn'd by church and government , oh! whither must his soul be sent ? of heaven it must needs despair , ●f that the pope be turn-key there ; and hell can ne'er it entertain , for there is all tyrannick reign ; and purgatory's such a pretence , as ne'er deceiv'd a man of sense . where goes it then ? where 't ought to go , where pope and devil have nought to do . the brazen-head , what strepitantious noise is it that sounds from raised banks , or from the lower grounds ▪ from hollow caverns , labyrinths from far , threatning confusions of a dreadfull war ? what dismal cries of people in despair , fill the vast region of the troubled air ? the tune of horror , or of what 's as strange , that strikes uneven like a world of change ? with such a bold surprize attacks my sense , beyond the power of counsel or defence ? but tho' blind fortune rools her turning wheel with a perpetual motion , who can feel this surge of fate , push'd on with fire and steel ? you precious moments of serener days ! when many victories enlarg'd my praise , and all things ran in a most easie stream , back unto me their ocean and supreme . are you all vanish'd by the sudden fright , and left m' encompass'd with a dismal night ? by my own subjects in suspicion held , murmurings as bad , as if they had rebell'd ? you all controling powers of things above ! whose easier dictates guide the world by love ! avert th' impendent miseries , and show us earthly gods to govern here below . the answer . 't is well you 've thought upon the chiefest cause , change nothing of religion nor the laws . let the great monarch this good motto wear , not only in his arms but every-where . integer vitae , is my whole defence ; scelerisque purus , a most strong defence ; non eget mauri , that no forces need , jaculis nec arcu , which contentions breed : nec venenatis gravida sagittis pharetra , to make loyal his own cities . vpon the execrable murder of the honourable arthur earl of essex . mortality wou'd be too frail to hear , how essex fell , and not dissolve with fear ▪ did not more generous rage take off the blow , and by his blood the steps to vengeance show . the tow'r was for the tragedy design'd , and to be slaughter'd he is first confin'd : as fetter'd victims to the altar go . but why must noble essex perish so ? why with such fury dragg'd into his tomb , murther'd by slaves , and sacrific'd to rome ? by stealth they kill , and with a secret stroke silence that voice , which charm'd when'er it spoke . the bleeding orifice o'erflow'd the ground , more like some mighty deluge than a wound . through the large space his blood and vitals glide , and his whole body might have past beside . the reeking crimson swell'd into a flood , and stream'd a second time in capel's blood. he 's in his son again to death pursu'd , an instance of the high'st ingratitude . they then malitious stratagems employ , with life , his dearer . honour to destroy ; and make his fame extinguish with his breath , and act beyond the cruelties of death here murther is in all its shapes complete , as lines united in their centre meet ; form'd by the blackest politicks of hell : was cain so dev'lish when his brother fell ? he that contrives , or his own fate desires . wants courage , and for fear of death expires ; but mighty essex was in all things brave , neither to hope , nor to despair , a slave . he had a soul too innocent and great , to fear , or to anticipate his fate : yet their exalted impudence and guilt , charge on himself the precious blood they spilt . so were the protestants some years ago , destroy'd in ireland without a foe . by their own barbarous hands the mad men dye , and massacre themselves , they know not why : whilst the kind irish howl to see the gore , and pious catholicks their fate deplore . if you refuse to trust erroneous fame , royal mac-ninny will confirm the same . we have lost more in injur'd capel's heir , than the poor bankrupt age can e'er repair , nature indulg'd him so , that there we saw all the choice stroakes her steady hand cou'd draw . he the old english glory did revive , in him we had plantagenets alive . grandeur and fortune , and a vast renown , fit to support the lustre of a crown . all these in him were potently conjoyn'd , but all was too ignoble for his mind : wisdom and vertue , properties divine , those , god-like essex , were entirely thine . in this great name he 's still preserv'd alive , and will to all succeeding times survive . with just progression , as the constant sun doth move , and through its bright ecliptick run . for whilst his dust does unextinguish'd lye , and his blest soul is soar'd above the sky , fame shall below his parted breath supply . an essay upon satyr : by j. dr — en , esquire . how dull , and how insensible a beast is man , who yet would lord it o'er the rest ? philosophers and poets vainly strove in every age the lumpish mass to move : but those were pedants when compar'd with these , who know not only to instruct , but please . poets alone found the delightful way , mysterious morals gently to convey in charming numbers ; so that as men grew pleas'd with their poems , they grew wiser too . satyr has always shone among the rest , and is the boldest way if not the best , to tell men freely of their foulest faults , to laugh at their vain deeds , and vainer thoughts . in satyr too the wise took different ways , to each deserving its peculiar praise . some did all folly with just sharpness blame , whilst others laugh'd and scorn'd them into shame . but of these two , the last succeeded best , ( as men aim rightest when they shoot in jest : ) yet if we may presume to blame our guides , and censure those who censure all besides ; in other things they justly are preferr'd , in this alone methinks the ancients err'd ; against the grossest follies they disclaim , hard they pursue , but hunt ignoble game . nothing is easier than such blots to hit , and 't is the talent of each vulgar wit ; besides , t is labour lost ; for who would preach morals to armstrong , or dull aston teach ? 't is being devout at play , wise at a ball , or bringing wit and friendship to whitehall ; but with sharp eyes those nicer faults to find , which lie obscurely in the wisest mind ; that little speck , which all the rest does spoil , to wash off that would be a noble toil , beyond the loose-writ libels of this age , or the forc'd scenes of our declining stage ; above all censure too , each little wit will be so glad to see the greater hit : who judging better , though concern'd the most , of such correction will have cause to boast . in such a satyr all wou'd seek a share , and every fool will fancy he is there . old story-tellers too must pine and dye , to see their antiquated wit laid by ; like her who miss'd her name in a lampoon , and grieved to find her self decay'd so soon ; no common coxcomb must be mention'd here , not the dull train of dancing sparks appear ; not fluttering officers , who never fight ? of such a wretched rabble who would write ? much less half wits , that 's more against our rules ; for they are fops , the other are but fools . who would not be as silly as dunbarr ? as dull as monmouth , rather than sir carr ? the cunning courtier should be slighted too , who with dull knavery makes so much adoe ; till the shrew'd fool , by thriving too too fast , like aesop's fox , becomes a prey at last : nor shall the royal mistresses be nam'd , too ugly , or too easie to be blam'd ; with whom each rhyming fool keeps such a pother , they are as common that way as the other : yet santering charles between his beastly brace , mee●s with dissembling still in either place , affected humour or a painted face . in loyal libels we have often told him , how one has jilted him , the other sold him . how that affects to laugh , how this too weep ; but who can rail so long as he can sleep ? was ever prince by two at once mis-led , false , foolish , old , ill-natur'd , and ill-bred ? earnely and aylesbury , with all that race of busie block-heads shall have here no place ; at council set as foils on d — 's score , to make that great false jewel shine the more ; who all that while was thought exceeding wise , only for taking pains and telling lies . but there 's no medling with such nausceous men , their very names have tyr'd my lazy pen ; 't is time to quit their company , and chuse some fitter subject for a sharper muse. first , let 's behold the merriest man alive , against his careless genius vainly strive ; quit his dear ease , some deep design to lay , 'gainst a set time , and then forget the day : yet he will laugh at his best friends , and be just as good company as nokes and lee. but when he aims at reason or at rule , he turns himself the best in ridicule . let him at business ne'er so earnest sit , shew him but mirth , and bait that mirth with wit ; that shadow of a jest shall be enjoy'd , though he left all mankind to be destroy'd : so cat transform'd sat gravely and demure , till mouse appear'd and thought himself secure ; but soon the lady had him in her eye . and from her friend did just as odly fly ; reaching above our nature does no good , we must fall back to our old flesh and blood . as by our little matchi avel we find ( that nimblest creature of busie kind ) his limbs are crippled , and his body shakes , yet his hard mind , which all this bustle makes , no pity of its poor companion takes . what gravity can hold from laughing out , to see that drag his feeble legs about ; like hounds ill coupled , jowler lugs him still through hedges , ditches , and through all that 's ill ! 't were crime in any man but him alone , to use a body so , though 't is one 's own : yet this false comfort never gives ' him ' o're , that whilst he creeps his vigorous thoughts can soar : alas , that soaring to those few that know , is but a busie groveling here below . so men in rapture think they mount the sky , whilst on the ground th'intransed wretches lye ; so modern fops have fancied they could fly : whilst 't is their heads alone are in the air , and for the most part building castles there ; as the new earl with parts deserving praise , and wit enough to laugh at his own ways ; yet loses all soft days and sensual nights , kind nature checks , and kinder fortune slights ; striving against his quiet all he can , for the fine notion of a busie man ; and what is that at best but one whose mind , is made to tire himself and all mankind : for ireland he would go , faith let him reign , for if some odd fantastick lord would fain carry in trunks , and all my drudgery do , i 'll not only pay him but admire him too ; but is there any other beast that lives , who his own harm so wittily contrives ? will any dog that has his teeth and stones , refin'dly leave his bitches and his bones to turn a wheel ? and bark to be employ'd , while venus is by rival dogs enjoy'd ; yet this fond man to get a statesman's name , forfeits his friends , his freedom and his fame . though satyr nicely writ , no humour stings but those who merit praise in other things ; yet we must needs this one exception make , and break our rules for folly tropos sake ; who was too much despis'd to be accus'd ; and therefore scarce deserves to be abus'd ; rais'd only by his mercenary tongue , from railing smoothly , and from reasoning wrong : as boys on holy-days let loose to play , lay waggish traps for girls that pass that way ; then shout to see in dirt and deep distress , some silly cit in flowr'd foolish dress ; so have i mighty satisfaction found , to see his tinsel reason on the ground . to see the florid fool despis'd ( and know it ) by some who scarce have words enough to show it ; ( for sense sits silent , and condemns for weaker the finer ; nay , sometimes the wittiest speaker ) but 't is prodigious so much eloquence should be acquired by such a little sense ; for words and wit did anciently agree , and tully was no fool though this may be : at bar abusive , on the bench unable , knave on the woolsack , fop at council-table ▪ these are the grievances of such fools as wou'd , be rather wise than honest , great than good . some other kind of wits must be made known , whose harmless errours hurt themselves alone ; excess of luxury they think can please , and laziness call loving of their ease ; to live dissolv'd in pleasures still they feign , though their whole life 's but intermitting pain : so much of surfeits , head-aches , claps are seen , we scarce perceive the little time between : well-meaning men who makes this gross mistake , and pleasure lose only for pleasures sake ; each pleasure has its price , and when we pay too much of pain we squander life away . thus d — et purring like a thoughtfull cat , married but wiser , puss ne're thought of that : and first he worried her with railing rhime , like pembrook's mastives at his kindest time ; then for one night sold all his slavish life , a teeming widow but a barren wife ; suckl'd by contract of such a fulsome toad , he lugg'd about the matrimonial load ; till fortune blindly kind as well as he , has ill restor'd him to his liberty ; which he would use in all his sneaking way , drinking all night , and dozing all the day ; dull as ned howard , whom his brisker times , had fam'd for dulness in malicious rhimes . mul — ve had much adoe to scape the snare , though learn'd in those ill arts that cheat the fair : for after all his vulgar marriage-mocks , with beauty dazled numps was in the stocks : deluded parents dry'd their weeping eyes , to see him catch his tartar for his prize : th' impatient town waited the wisht for change , and cuckolds smil'd in hopes of sweet revenge ; till petworth plot made us with sorrow see , as his estate his person too was free : him no soft thoughts , no gratitude could move , to gold he fled from beauty and from love ; yet failing there he keeps his freedom still , forc'd to live happily against his will : 't is not his fault if too much wealth and power , break not his boasted quiet every hour . and little sid — y for simile renown'd , pleasures has always sought but never found : though all his thoughts on wine and women fall , his are so bad sure he ne'er thinks at all . the flesh he lives upon his rank and strong , his meat and mistresses are kept too long ; but sure we all mistake this pious man , who mortifies his person all he can : what we uncharitably take for sin , are only rules of this old capuchin ; for never hermit under grave pretence , has liv'd more contrary to common sense ; and 't is a miracle we may suppose , no nastiness offends his skilfull nose : which from all stink can with peculiar art extract perfume , and essence , from a f — t ; expecting supper is his great delight , he toils all day but to be drunk at night : then o'er his cups this night-bird chirping sits , till he takes hewet , and jack hall for wits . roch — r i despise for his meer want of wit , though thought to have a tail and cloven feet ; for while he mischief means to all mankind , himself alone the ill effects does find ; and so like witches justly suffers shame , whose harmless malice is so much the same . false are his words , affected is his wit , so often he does aim , so seldom hit ; to every face he cringes while he speaks , but when the back is turn'd the head he breaks . mean in each action , lew'd in every limb , manners themselves are mischievous in him : a proof that chance alone makes every creature , a very killigrew without good nature . for what a bessus has he always liv'd , and his own kickings notably contriv'd : for ( there 's the folly that still mixt with fear ) cowards more blows than any hero bear ; of fighting sparks some may her pleasures say , but 't is a bolder thing to run away : the world may well forgive him all his ill , for every fault does prove his penance still : falsly he falls into some dangerous noose , and then as meanly labours to get loose ; a life so infamous is better quitting , spent in base injury and low submitting . i 'd like to have left out his poetry ; forgot by all almost as well as me . sometimes he has some humour , never wit , and if it rarely , very rarely hit , 't is under so much nasty rubbish laid , to find it out 's the cinder-woman's trade ; who for the wretched remnants of a fire , must toil all day in ashes and in mire : so lewdly dull his idle works appear , the wretched texts deserve no comments here ; where one poor thought sometimes left all alone , for a whole page of dulness to attone : 'mongst forty bad , one tolerable line , without expression , fancy , or design . how vain a thing is man , and how unwise , even he would himself the most despise ; i who so wise and humble seem to be , now my own vanity and pride can't see . while the world's nonsense is so sharply shewn , we pull down others but to raise our own ; that we may angels seem , we paint them elves , and are but satyrs to set up our selves . i who have all this while been finding fault , even with my master , who first satyr taught ; and did by that describe the task so hard , it seems stupendious and above reward . now labour with unequal force to climb that lofty hill , unreacht by former time ; 't is just that i should to the bottom fall , learn to write well , or not to write at all . vpon an undeserving and ungratefull mistress , whom he could not help loving . being a paraphrastical translation of ovid's tenth elegy . lib. . amorum . i have to long endur'd her guilty scorn , too long her falseness my fond love has born ; my freedom and my wits at length i claim ; be gone base passion , dye unworthy flame ; my life 's sole torment and my honour's stain , quit this tir'd heart , and end the lingring pain . i have resolv'd i 'le be my self once more long banish'd reason to her right restore , and throw off love's tyrannick sway , that still encroaching power . my growing shame i see at last , tho' late , and my past follies both despise and hate : hold out my heart , nor let her beauty move , be constant in thy anger as thy love : my present pains shall give thee future ease , as bitter potions cure , tho' they displease . 't is for this end , for freedom more assur'd , i have so long such shamefull chains endur'd . like a scorn'd slave before her door i lay , and proud repulses suffer'd every day ; without complaining , banish'd from her sight , on the cold ground i spent the tedious night ; while some glad rival in her ams did lye , glutted with love and surfeited with joy. thence have i seen the tir'd adulterer come , dragging a weak exhausted carkass home . and yet this curse a blessing i esteem , compar'd with that of being seen by him ; by him descry'd attending in the street , may my foes only such disgraces meet . what toyl and time has this false woman cost ? how much of unreturning youth has for her sake been lost ? how long did i , where fancy led or fate ; unthank'd unminded , on her rambles wait ? her steps , her looks were still by mine pursu'd , and watch'd by me she charm'd the gazing crowd . my diligent love and over-fond desire , has been the means to kindle others fire . what need i mention every little wrong , or curse the softness of her soothing tongue . the private love-signs that in publick pass , between her and some common staring ass. the coquet art her faithless heart allows , or tax her with a thousand broken vows : i hear she 's sick , and with wild hast i run , officious hast , and visit importune . entring , my rival on her bed i see , the politick sickness only was to me . with this and more oft has my love been try'd , some other coxcomb let her now provide , to bear her jilting and maintain her pride ; my batter'd bark has reach'd the port at last , nor fears again the billows it has past . cease your soft oaths and that still ready show'r , those once dear words have lost their charming pow'r . in vain you flatter , i am now no more , that easie fool you found me heretofore . anger and love a doubtfull fight maintain , each strives by turns my staggering heart to gain : but what can long against lov 's force contend , my love i fear will conquer in the end ; i 'll do what e'er i can to hate you still , and if i love , know 't is against my will. so the bull hates the ploughman's yoke to wear , yet what he hates , his stubborn neck must bear . her manners oft my indignation raise , but straight her beauty the short storm allays . her life i loath , her person i adore ; much i contemn her , but i love her more . both with her and without her i'm in pain , and rage to lose what i should blush to gain : uncertain , yet at what my wishes aim ; loath to abandon love or part with fame : that angel-form ill suits a form all sin ; ah! be less fair without , or more within . when these soft smiles my yielding powers invade , in vain i call her vices to my aid ; tho' now disdaining the disguise of art , in my esteem her conduct claims no part , her face a natural right has to my heart . no crime 's so black as to deform her eyes , those clouds must scatter when these suns shall rise . enough , fair conqueror , the day 's your own , see at your feet , love's vanquish'd rebel thrown ; by these dear joys , ( joys dear tho' they are past ) when in the kindest links of love we held each other fast ; by th'injur'd gods your false oaths did prophane by all those beauties that support and feed your proud disdain ; by that lov'd face from the whole sex elect , to which i all my vows and pray'rs direct , and equal with a power divine respect : by every feature of a turn so fine , and by those arms that charm and dazle mine . spare from new triumphs , cherish without art , this over-faithfull , this too tender heart : a heart that was respectfull while it strove , but yielding is all blind impetuous love : live as you please , torment me as you will , still are you fair , and i must love you still . think only , if with just and clement reign , a willing subject you wou'd chuse to gain , or drag a conquer'd vassal in a chain ; but to what ever conduct you incline , do suffer , be what my worse fears divine , you are , you ought , you must , you shall be mine , reason for ever , the vain strife give o'er , thy cruel wisdom i can bear no more ; let me indulge this one soft passion 's rule , curb vexing sense and be a happy fool ; with full spread sails the tempting gale obey , that down love's current drives me fast away . the town life . once how i doated on this jilting town , thinking no heaven was out of london known ; till i her beauties artificial found , her pleasure 's but a short and giddy round ; like one who has his phillis long enjoy'd grown with the fulsom repetition cloy'd : love's mists then vanish from before his eyes , and all the ladies frailties he descries : quite surfeited with joy , i now retreat to the fresh air , a homely country seat , good hours , books , harmless sports , & wholsom meat . and now at last i have chose my proper sphere , where men are plain and rustick , but sincere . i never was for lies not fawning made , but call a wafer bread , and spade a spade . i tell what merits got lord — his place , and laugh at marry'd m — ve to his face . i cannot vere with ev'ry change of state , nor flatter villains , tho' at court they 're great : nor will i prostitute my pen for hire , praise cromwell , damn him , write the spanish fryar : a papist now , if next the turk should reign , then piously transverse the alcoran . methinks i hear one of the nation cry , be christ , this is a whiggish calumny , all virtues are compriz'd in loyalty . might i dispute with him , i 'd change his note , i 'de silence him , that is , he 'd cut my throat . this powerfull way of reasoning never mist , none are so possitive but then desist , as i will , e'er it come to that extreme ; our folly , not our misery is our theam . well may we wonder what strange charm , what spell , what mighty pleasures in this london dwell , that men renounce their ease , estates and fame , and drudge it here to get a fopling's name . that one of seeming sense advanc'd in years , like a sir courtly nice in town appears : others exchange their land for tawdry cloaths , and will in spight of nature pass for beauxs . indulgent heaven , who ne'er made ought in vain , each man for something proper did ordain ; yet most against their genius blindly run , the wrong they chuse , and what they 're made for shun . thus ar — n thinks for state affairs he 's fit ; hewit for ogling , chomly for a wit : but 't is in vain , so wise , these men to teach , besides the king 's learn'd priests should only preach . we 'll see how sparks the tedious day employ , and trace them in their warm pursuit of joy ; if they get drest ( with much ado ) by noon , in quest of beauty to the mall they run , where ( like young boys ) with hat in hand they try to catch some flutt'ring gawdy butterfly . thus gray pursues the lady with a face , like forty more , and with the same success , whose jilting conduct in her beauty's spite , loses her fame , and gets no pleasure by 't . the secret joys of an intrigue she slights , and in an equipage of fools delights : so some vain heroes for a vain command , forfeit their conscience , liberty and land. but see high mass is done , in crowds they go , what , all these irish and mall howard too ? 't is very late , to lockets let 's away , the lady frances comes , i will not stay . expecting dinner , to discourse they fall , without respect of morals censuring all : the nymph they lov'd , the friend they hug'd before ▪ he 's a vain coxcomb , she 's a common whore : no obligation can their jests prevent ; wit , like unruly wind in bowels pent , torments the bearer till he gives it vent ; tho' this offends the ear as that the nose , , no matter , 't is for ease and out it goes . but what they talk ( too nauseous to rehearse ) i leave for the late ballad-writers verse . after a dear bought meal they hast away , to a desert of ogling at the play : what 's here which in the box's front i see , deform'd old age , diseases infamy . warwick , north , poget , hinton , martin , willis , and that epitome of lewdness , elly's : i 'll not turn that way , but observe the play , pox ▪ 't is a tragick farce of banks to day : besides some irish wits the pit invade with a worse din than cat-call serenade : i must be gone , let 's to hide-park repair , if not good company , we 'll find good air : here with effected bow and side-glass look , the self-conceited fool is easily took . there comes a spark with six in tarsels drest , charming the ladies hearts with dint of beast : like scullers on the thames with frequent bow , they labour , tugg , and in their coaches row , to meet some fair one , still they wheel about , till she retires , and then they hurry out . but next we 'll visit where the beauxs in order come , ( 't is yet too early for the drawing-room ) here nowels and olivio's abound ; but one plain manly is not to be found : flattring the present , the absent they abuse , and vent their spleen and lies , pretending news : why , such a lady 's pale and wou'd not dance ; this to the country gone , and that to france : whose marry'd , slipp'd away , or mist at court , others misfortunes thus offord them sport : a new song is produc'd , the author guest , the verses and the poet made a jest. live laureat e — er , in whom we see , the english can excell antiquity . dryden writes epick , wosley odes in vain , virgil and horace still the chief maintain : he with his matchless poems has alone , bavius and mevius in their way out-done . but now for cards , and play they all propose , while i who never in good breeding lose , who cannot civilly sit still and see the ladies pick my purse and laugh at me , pretending earnest business drive to court , where those who can do nothing else resort . the english must not seek preferment there , for mack's and o's all places destin'd are . no more we 'll send our youth to paris now , french principles and breeding once wou'd do : they for improvement must to ireland sail , the irish wit and language now prevail . but soft my pen , with care this subject touch , stop where you are , you soon may write too much . quite weary with the hurry of the day , i to my peacefull home direct my way ; while some in hack and habit of fatigue , may have ( but oft pretend ) a close intrigue ; others more open to the tavern scower , calling for wine , and every man his whore , as safe as those with quality perhaps , for n — rgh says great ladies can give claps : somewhere they 're kept , and many where they keep ; most see an easie mistress e'er they sleep . thus sparks may dress , dance , play , write , fight , get drunk , but all the mighty pother ends in punk . a satyr on the modern translators . odi imitatores servum pecus , &c. by mr. p — r. since the united cunning of the stage , has balk'd the hireling drudges of the age : since betterton of late so thrifty's grown , revives old plays , or wisely acts his own : thumb'd rider with a catalogue of rhimes , makes the compleatest poet of our times : those who with nine months toil had spol'd a play , in hopes of eating at a full third day , justly despairing longer to sustain a craving stomach from an empty brain , have left stage-practice , chang'd their old vocations , attoning for bad plays , with worse translations , and like old sternhold with laborious spite , burlesque what nobler muses better write : thus while they for their causes only seem to change the channel , they corrupt the stream . so breaking vintners to increase their wine , with nauseous drugs debauch the generous vine : so barren gipsies for recruit are said , with strangers issue to maintain the trade ; but lest the fair bantling should be known , a daubing walnut makes him all their own . in the head of this gang too john dryden appears , but to save the town-censure and lessen his fears , joyn'd with a spark whose title makes me civil , for scandalum magnatum is the devil ; such mighty thoughts from ovid's letters flow , that the translation is a work for two ; who in one copy joyn'd their shame have shewn , since t — e could spoil so many tho' alone : my lord i thought so generous would prove , to scorn a rival in affairs of love : but well he knew his teeming pangs were vain , till midwife dryden eas'd his labouring brain ; and that when part of hudibras's horse jogg'd on , the other would not hang an arse ; so when fleet jowler hears the joyfull hallow , he drags his sluggish mate , and tray must follow . but how could this learn'd brace employ their time ? one construed sure , while th' other pump'd for rhime : or it with these , as once at rome , succeeds , the bibulus subscribes to caesar's deeds : this , from his partners acts ensures his name , oh sacred thirst of everlasting fame ! that could defile those well-cut nails with ink , and make his honour condescend to think : but what excuse , what preface can attone , for crimes which guilty bayes has singly done ? bayes , whose rose alley ambuscade injoyn'd , to be to vices which he practic'd kind , and brought the venom of a spitefull satyr , to the safe innocence of a dull translator . bayes , who by all the club was thought most fit to violate the mantuan prophet's wit , and more debauch what loose lucretius writ . when i behold the rovings of his muse , how soon assyrian ointments she would lose for diamond buckles sparkling at their shoes . when virgil's height is lost , when ovid soars , and in heroics canace deplores her follies louder than her father roars , i 'd let him take almanzor for his theme ; in lofty verses make maximin blaspheme , or sing in softer airs st. katharine's dream . nay , i could hear him damn last ages wit , and rail at excellence he ne'er can hit ; his envy shou'd at powerfull cowley rage , and banish sense with johnson from the stage : his sacrilege should plunder shakespear's urn , with a dull prologue make the ghost return to bear a second death , and greater pain , while the fiend's words the oracle prophane ; but when not satisfied with spoils at home , the pyrate wou'd to foreign borders roam ; may he still split on some unlucky coast , and have his works or dictionary lost ; that he may know what roman authors mean , no more than does our blind translatress behn . the female vvit ; who next convicted stands , nor for abusing ovid's verse but sand's : she might have learn'd from the ill borrow'd grace , ( vvhich little helps the ruin of her face ) t●at vvit , like beauty , triumphs o'er the heart , vvhen more of nature 's seen and less of art : nor strive in ovid's letters to have shown , as much of skill , as lewdness in her own : then let her from the next inconstant lover , take a new copy for a second rover : describe the cunning of a jilting vvhore , from the ill arts her self has us'd before ; thus let her write , but paraphrase no more . r — mer to crambo privilege does claim , not from the poet's genius , but his name ; vvhich providence in contradiction meant , though he predestination coul'd prevent , and with bold dulness translate heavens intent . rash man ! we paid thee adoration due , that ancient criticks were excell'd by you : each little vvit to your tribunal came to hear their doom , and to secure their fame : but for respect you servilely sought praise , slighted the umpire's palm to court the poet's bays ; vvhile wise reflections and a grave discourse , declin'd to zoons a river for a horse . so discontented pemberton withdrew , from sleeping judges to the noisie crew ; chang'd awefull ermin for a servile gown , and to an humble fawning smooth'd his frown : the simile will differ here indeed ; you cannot versify , though he can plead . to painfull creech my last advice descends , that he and learning would at length be friends ; that he 'd command his dreadfull forces home , not be a second hannibal to rome . but since no counsel his resolves can bow ; nor may thy fate , o rome , resist his vow ; debarr'd from pens as lunaticks from swords , he should be kept from waging vvar with words . vvords which at first like atoms did advance , to the just measure of a tunefull dance , and jumpt to form , as did his worlds , by chance . this pleas'd the genius of the vicious town ; the vvits confirm'd his labours with renown , and swear the early atheist for their own . had he stopt here — but ruin'd by success , vvith a new spawn he fill'd the burthen'd press , till , as his volumes swell'd , his fame grew less . so merchants flattered with increasing gain , still tempt the falshood of the doubtfull main ; so the first running of the lucky dice , does eager bully to new bets intice ; till fortune urges him to be undone , and ames-ace loses what kind sixes won . vvitness this truth lucretia's wretched fate , vvhich better have i heard my nurse relate ; the matron suffers violence again , not tarquin's lust so vile as creech's pen ; witness those heaps his mid-night studies raise , hoping to rival ogilby in praise : both writ so much , so ill , a doubt might rise , which with most justice might deserve the prize ; had not the first the town with cutts appeas'd , and where the poem fail'd , the picture pleas'd . wits of a meaner rank i wou'd rehearse , but will not plague your patience nor my verse : in long oblivion may they happy lie , and with their writings may their folly die . now why should we poor ovid yet pursue , and make his very book an exile too , in words more barbarous than the place he knew ? if virgil labour'd not to be translated , why suffers he the only thing he hated ? had he foreseen some ill officious tongue , wou'd in unequal strains blaspheme his song ; nor prayers , nor force , nor fame shou'd e'er prevent the just performance of his wise intent : smiling h 'had seen his martyr'd work expire , nor live to feel more cruel foes than fire . some fop in preface may those thefts excuse , that virgil was the draught of homer's muse : that horace's by pindar's lyre was strung , by the great image of whose voice he sung ; they found the mass , 't is true , but in their mould they purg'd the drossy oar to current gold : mending their pattern , they escap'd the curse ; yet had they not writ better , they 'd writ worse . but when we bind the lyric up to rhime , and lose the sense to make the poem chime : when from their flocks we force sicilian swains , to ravish milk-maids in our english plains ; and wandring authors , e'er they touch our shore , must , like our locust hugonots , be poor ; i 'de bid th' importing club their pains forbear , and traffick in our own , tho' homely ware , whilst from themselves the honest vermin spin , i 'de like the texture , tho' the web be thin ; nay , take crown 's plays , because his own , for wit ; and praise what d'urfey , not translating , writ . the parliament-house to be lett , . . here 's a house to be lett , for c — s s — d swore , on portsmouth's bare arse , he wou'd shut up the door . . inquire at the lodgings next door to the pope , at duke lauderdale's head , with a cravat of rope . . and there you will hear how next he will let it , if you pay the old price you may certainly get it . . he holds it in tail , from his father , who fast did keep it long shut , but paid for 't at last . advice to apollo , . i 've heard the muses were still soft and kind , to malice foes , to gentle love inclin'd ; and that parnassus hill was fresh and gay , crown'd still with flowers , as in the fairest may ; that helicon with pleasures charm'd the soul , could anger tame and restless care controul : that bright apollo still delights in mirth , chearing ( each welcome day ) the drowsie earth ; then whence comes satyr , is it poetry ? o great apollo , god of harmony ! far be 't from thee , this cruel art t' inspire , then strike these vvretches who thus dare aspire , to tax thy gentleness , making thee seem malicious as their thought , harsh as their theme . first , strike sir carr , that knight o' th' wither'd face , vvho ( for th' reversion of a poet's place ) vvaits on melpomene , and sooths her grace ; that angry miss alone he strives to please , for fear the rest should teach him wit and ease , and make him quit his lov'd laborious walks , vvhen sad or silent o'er the room he stalks , and strives to write as wisely as he talks . next with a gentle dart strike dryden down , vvho but begins to aim at the renown bestow'd on satyrists , and quits the stage , to lash the witty follies of the age. strike him but gently that he may return , vvrite plays again , and his past follies mourn . he had better make almanzor give offence in fifty lines without one word of sense , than thus offend and wittily deserve , vvhat will ensue with his lov'd muse to starve . d — set writes satyr too , but writes so well , o great apollo ! let him still rebell , pardon a muse which does so far excell : pardon a muse which does with art support , some drowsie vvit in our unthinking court. but m — ve strike with many angry dart , he who profanes thy name offends thy art , ne'er saw thy light , yet would usurp thy power , and govern vvit , and be its emperour . in see with dryden to be counted wise , vvho tells the vvorld he has both vvit and eyes . rochester's easie muse does still improve , each hour thy little wealthy vvorld of love , ( that vvorld in which each muse is thought a queen ) that he must be forgiven in charity then ; though his sharp satyrs have offended thee ; in charity to love who will decay , when his delightfull muse ( its only stay ) is by thy power severely ta'en away . forbear ( then ) civil wars , and strike not down love , who alone supports thy tottering crown . but sawcy sh — ard with the affected train , who satyrs write , yet scarce can spell their name , blast , great apollo , with perpetual shame . the duel of the crabs : by the lord b — st . in milford-lane near to st. clement's steeple , there liv'd a nymph kind to all christian people . a nymph she was , whose comely mien and stature , whose height of eloquence and every feature , struck through the heart of city and of whitehall , and when they pleas'd to court her , did 'em right all ▪ under her beauteous bosom their did lie a belly smooth as ivory . yet nature to declare her various art , had plac'd a tuft in one convenient part , no park with smoothest lawn or highest wood , cou'd e'er compare with this admir'd abode . here all the youth of england did repair , to take their pleasure and unease their care . here the distressed lover that had born his haughty mistress anger or her scorn came for relief ; and in this pleasant shade , forgot the former , and this nymph obey'd . and yet what corner of the world is found , where pain or pleasure does not still surround ? one wou'd have thought that in this shady grove , nought cou'd have dwelt but quiet , peace and love. but heaven directed otherwise ; for here , i' th' midst of plenty bloody wars appear : the gods will frown where ever they do smile ; the crocodile infests the fertil soil : lyons and tygers on the lybian plains , forbid all pleasures to the fearfull swains : wild beasts in forests do the hunters fright , they fear their ruin ' midst of their delight . thus in the shade of this dark silent bower , strength strives with strength , & power vies with power . two mighty monsters did this wood infest , and struck such awe and terror in the rest , that no sicilian tyrant e'er could boast he e'er with greater rigour rul'd the roast . each had his empire , which he kept in awe , was by his will obey'd , allow'd no law : nature so well divided had their states , nought but ambition cou'd have chang'd their fates : for 'twixt their empire , stood a briny lake , deep as the poets do the centre make ; but dire ambition does admit no bounds , there are no limits to aspiring crowns . the spaniard by his europe conquests bold , sail'd o'er the ocean for the indian's gold : the carthaginian hero did not stay , because he met vast mountains in his way : he pass'd the alps like mole-hills ; such a mind as thinks on conquest will be unconfin'd . both with these haughty thoughts one course to tend , to try if this vast lake had any end : where finding countries yet without a name , they might by conquests get eternal fame . after long marches both their armies tired , at length they find the place so much desired : where in a little time each does descry , the glymps of an approaching enemy . they in this sight do equal pleasure prove , as we should do in well rewarded love : blood-thirsty souls , whose only perfect joy , consists in what their fury can destroy . and now both armies do prepare to fight , and each of th' other unto war incite ; in vain , alas , for all their force and strength was quite consumed by their marches length ; but the great chiefs , impatient of delay , resolve by single fight to try the day . each does the other with contempt defie , resolv'd to conquer , or resolv'd to die ; both armies are commanded to withdraw , in expectation who should give 'em law ; while the amaz'd spectators full of care , hope for a better or worse tyrant fear : and now these princes meet , now they engage with all their chiefest strength and highest rage : now with their instruments of wrath they push , as hills in earthquakes on each other rush ; where their militia lies is still in doubt , whether like elephants upon their snout ; or if upon their heads vast horns they wore , or if they fought with tusks like the wild boar. some greshamites perhaps , with help of glass , and poring long upon 't , may chance to guess ; but no tradition has inform'd our age , what were their chiefest instruments of rage . with small or no advantage they proceed , both are much bruised , and their wounds do bleed : both keep their anger , both do lose their force , both get the better , neither get the worse ; justice her self might put into each scale one of these princes , and see neither fall : spurr'd on by fury , now they both provide , to let one grapple , this great cause decide ; joyning , they strive , and such resistance make , both fall together in the briny lake , where from the trouble of a tottering crown , each mighty monarch is laid gently down : both armies at this sight amazed stand , in doubt , who shall obey , who shall command : in this extremity they both agree , a common-wealth their government shall be . instructions to his mistress how to behave her self at supper with her husband , . since to restrain our joys , that ill , but rude familiar thing , your husband , will intrude ; for a just judgment , may th' unwelcome guest , at this night's lucky supper eat his last ; o how shall i with patience e'er stand by , while my corinna gives another joy ; his wanton hands in her soft bosom warms , and folds about her neck his clasping arms. o tortering sight ; but since it must be so , be kind , and learn what 't is i 'de have you do . come first be sure ; for though the place may prove , unfit for all we wish , you 'll show me love : when call'd to table , you demurely go , gently in passing , touch my hand or so : mark all my actions , well observe my eye , my speaking signs , and to each sign reply . if i do ought of which you would complain , upon your elbow languishingly lean : but if you 're pleas'd with what i do or say , steal me a smile , and snatch your eyes away : when you reflect on our past secret joys , hold modestly your fan before your eyes ; and when the nauseous husband tedious grows , your lifted hands with scornfull anger close , as if you call'd for vengeance from above , upon that dull impediment to love : a thousand skilfull ways we 'll find to show our mutual love , which none but we shall know . i 'll watch the parting glass where-e'er you drink , and where your lips have touch'd it , kiss the brink : like still the dish that in your reach does stand , taking the plate , i so may feel your hand . but what he recommends to you to eat , coyly refuse , as if you loath'd the meat ; nor let his matrimonial right appear , by any ill-tim'd houshold freedom there : let not his fulsom arms embrace your wast , nor lolling head upon your bosom rest . one kiss would straight make all my passion known , and my fierce eyes with rage would claim their own ; yet what thus passes will be done i' th' light , but oh ! the joys that may be kept from sight ; legs lock't in legs , thighs pressing thighs , and all the wanton spells that up love's fury call : those cunning arts that i so oft have us'd , makes me now fear to be my self abus'd ; to clear my doubts , so far your chair remove , as may prevent th' intelligence of love put him in mind of pledging ev'ry health , and let the tutor'd page add wine by stealth ; the sot grown drunk , we easier may retire , and do as the occasion will require : but after all , ( alas ) how small the gains will be , for which we take such mighty pains : torn from my arms , you must go home to bed , and leave your poor forsaken lover dead : cruel divorce , enough to break my heart , without you promise this before we part ; when my blest rival goes to reap his joy , receive him so as may the bliss destroy : let not the least kind mark of love escape , but all be duty and a lawfull rape ; so deadly cold and void of all desire , that like a charm it may put out the fire ; but if compell'd you should at last comply , when we meet next be sure you all deny . the session of the poets , to the tune of cook lawrel . apollo concern'd to see the transgressions our paultry poets do daily commit , gave order once more to summon a sessions , severely to punish the abuses of wit. . will d'avenant wou'd fain have been steward o' th court to have fin'd and amer'd each man at his will ; but apollo , it seems , had heard a report , that his choice of new plays did show h 'had no skill . . besides some criticks had ow'd him a spite , and a little before had made the god fret , by letting him know the laureat did write , that damnable farce , the house to be lett. . intelligence was brought , the court being set , that a play tripartite was very near made ; where malicious matt clifford and spiritual s — t were joyn'd with their duke , a peer of the trade . . apollo rejoyc'd , and did hope for amends , because he knew it was the first case , the duke e'er did ask the advice of his friends , and so wish his play as well clapt as his grace . . o yes being made , and silence proclaim'd , apollo began to read the court roul , when as soon as he saw frank berkley was nam'd , he scarce cou'd forbear from tearing the scroul . . but berkley , to make his interest the greater , suspecting before what would come to pass , procur'd him his cozen fitz harding's letter , with which apollo wiped his arse . . guy with his pastoral next went to pot , at first in a dolefull study he stood , then shew'd a certificate which he had got from the maids of honour , but it did him no good . . humorous weeden came in in a pet , and for the laurel began to splutter ; but apollo chid him , and bid him first get a muse not so common as mrs. rutter . . a number of other small poets appear'd , with whom for a time apollo made sport ; clifford and flecknoe were very well jear'd , and in conclusion whipp'd out of the court. . tom killegrew boldly came up to the bar , thinking his jibing would get him the bays , but apollo was angry and bid him beware that he caught him no more a printing his plays . . with ill luck in battle but worse in wit , george porter began for the laurel to bawl , but apollo did think such impudence fit to be thrust out of court , as he 's out of whitehall . . savage missing cowley came into the court , making apologies for his bad play , ev'ry one gave him so bad a report , that apollo gave heed to all he could say : . nor wou'd he have had , 't is thought , a rebuke , unless he had done some notable folly ; writ verses unjustly in praise of sam tuke , or printed his pitifull melancholy . . cotton did next to the bays pretend , but apollo told him it was not fit , though his virgil was well , it made but amends for the worst panegyrick that ever was writ . . old shirley stood up and made an excuse , because many young men before him were got ; he vow'd he had switch'd and spur-gall'd his muse , but still the dull jade kept to her old trot. . sir r — t h — d call'd for over and over , at length sent in teague with a pacquet of news , wherein the sad knight , to his grief , did discover , how dryden had lately robb'd him of his muse. . each man in the court was pleas'd with the theft , which made the whole family swear and rant , desiring their obin i' th' lurch being left , the thief might be fin'd for the wild gallant . . dryden , whom one wou'd have thought had more wit , the censure of ev'ry man did disdain , pleading some pitifull rhimes he had writ , in praise of the countess of castlemaine . . ned howard , in whom great nature is found , tho' never took notice of till that day , impatiently sat till it came to his round , then rose and commended the plot of his play. . such arrogance made apollo stark mad , but sherly endeavour'd to appease his chollar , by owning the play , and swearing the lad in poetry was a very pert scholar . . james howard being call'd for out of the throng , booted and spurr'd to the bar did advance , vvhere singing a damn'd nonsensical song , the youth and his muse were sent into france . . newcastle and 's horse for entrance next strives , well stuff'd was his cloakbag and so was his breeches . and unbutt'ning the place where nature's posset-maker lives , pull'd out his wife's poems , plays , essays & speeches . . whoop , quoth apollo , what a devil have we here , put up thy wife's trumpery good noble marquiss , and home again , home again take thy carreer , to provide her fresh staw , and a chamber that dark is . . sam tuke sat and formally smil'd at the rest , but apollo , who well did his vanity know , call'd him to the bar to put him to th' test , but his muse was so stiff she scarely could go . . she pleaded her age desir'd a reward ▪ it seems in her age she doated on praise , but apollo resolv'd that such a bold bard sou'd never be grac'd with a per'wig of bays . . stapleton stood up and had nothing to say , but apollo forbid the old knight to despair , commanding him once more to write a new play , to be danc'd by the poppets at barthol'mew fair. . sir william killegrew doubting his plays , before he was call'd crept up to the bench , and whisper'd apollo , in case he wou'd praise selyndra , he shou'd have a bout with the vvench . b — st and sydley , with two or three more translators of pompey dispute in their claim , but apollo made them be turn'd out of door , and bid them be gone like fools as they came . . old waller heard this , and was sneaking away , but somebody spy'd him out of the crowd ; apollo though h' had not seen him many a day , knew him full well , and call'd to him aloud ; . my old friend mr. waller , what make you there , among those young fellows that spoil the french plays ; then beck'ning to him , whisper'd in his ear , and gave him good counsel instead of the bays . . then in came denham , that limping old bard , whose fame on the sophy and cooper's hill stands ; and brought many stationers who swore very hard , that nothing sold better , except 't were his lands . . but apollo advis'd him to write something more , to clear a suspicion which possess'd the court , that cooper's hill , so much bragg'd on before , was writ by a vicar , who had forty pound for 't . . then hudibras boldly demanded the bays , but apollo bad him not be so fierce ; and advis'd him to lay aside making his plays , since he already began to write worse and worse . . tom porter came into the court in a huff , swearing damn him he had writ the best plays ; but apollo , it seems , knew his way well enough , and would not be hector'd out of his bays . . ellis in great discontent went away , whilst d'avenant against apollo did rage ; because he declar'd the secrets a play , fitting for none but a mountebank stage . . john wilson stood up and wildly did stare , when on the sudden stept in a bold scot ; and offer'd apollo he freely would swear , the said maister wilson mought pass for a sot. . but all was in vain , for apollo , 't is said , would in no wise allow of any scotch wit ; then wilson in spite made his plays to be read , swearing he 'd answer for all he had writ . . clarges stood up , and laid claim to the bays , but apollo rebuk'd that arrogant fool ; swearing if e're he translated more plays , he 'd crown him sir-reverence with a close-stool . . damn'd holden with 's dull german princess appear'd , whom if davenant he got as some do suppose , apollo said the pillory should crop off his ears , and make them more suitable unto his nose . . rhodes stood and play'd at bo-peep in the door , but apollo instead of a spanish plot ; on condition the varlet would never write more , gave him three pence to pay for a pipe and a pot. . ethridge and shadwell and the rabble appeal'd to apollo himself in a very great rage ; because their best friends so freely had deal'd , as to tell them their plays were not fit for the stage . . then seeing a crowd in a tumult resort , well furnish'd with verses , but loaded with plays ; it forc'd poor apollo to adjourn the new court , and left them together by th' ears for the bays . desire . a pindaric . what art thou , o thou new fond pain ? from what infection dost thou spring ? tell me , o tell me , thou inchanting thing , thy nature and thy name . inform me by what subtil art , what pow'rfull influence , you got such vast dominion in a part , of my unheeded and unguarded heart , that fame and honour cannot drive you thence ? oh mischievous usurper of my peace ! oh soft intruder on my solitude ! charming disturber of my ease , that hast my nobler fate pursu'd ; and all the glories of my life subdu'd . thou haunt'st my inconvenient hours , the business of the day , nor silence of the night , that shou'd to cares and sleep invite , can bid defiance to thy conquering pow'ers . where hast thou been this live-long age , that from my birth till now , thou never didst one thought ingage , or charm my soul with the uneasie rage , that made it all its humbler feebles know ? where wer 't thou , o malicious sprite , when shining glory did invite ? when int'rest call'd , then thou wer 't shy , nor one kind aid to my assistance brought ; nor would'st inspire one tender thought , when princes at my feet did lie when thou could'st mix ambition with my joy , then , peevish phantom , thou wer 't nice and coy . not beauty would invade thee then , nor all the arts of lavish men ; not all the powerfull rhet'rick of the tongue , nor sacred wit cou'd charm thee on ; not the soft play that lovers make , nor sighs cou'd fan thee to a fire ; no pleading tears or vows cou'd thee awake , nor charm the unform'd — something — to desire . oft i 've conjur'd thee to appear , by youth , by love , by all their pow'rs , have search'd and sought thee every-where , in silent groves , in lonely bowers , on flow'ry beds , where lovers wishing lie , in sheltring woods , where sighing maids to their assinging shepherds hie , and hide their blushes in the gloom of shades . yet there , ev'n there , though youth assail'd , where beauty prostrate lay , aad fortune woo'd , my heart ( insensible ) to neither bow'd ; thy lucky aid was wanting to prevail . in courts i sought thee then , thy proper sphere , but thou in crowds wer't stifled there ; interest did all the loving bus'ness do , invites the youths , and wins the virgins too ; or if by chance some heart thy empire own , ah , pow'r ingrate ! the slave must be undone . tell me thou nimble fire , that dost dilate thy mighty force through every part what god or human power did thee create , in my ( till now ) unfacil heart ? art thou some welcome plague sent from above , in this dear form , this kind disguise ? or the false off-spring of mistaken love , begot by some soft thought that feebly strove with the bright piercing beauties of lysander's eyes . yes , yes , tormenter , i have found thee now , and found to whom thou dost thy being owe ; 't is thou the blushes dost impart , 't is thou that tremblest in my heart . when the dear shepherd does appear , i faint and dye with pleasing pain ; my words intruding , sighings break , whene'er i touch the charming swain ; whene'er i gaze , whene'er i speak , thy conscious fire is mingled with my love. as in the sanctify'd abodes misguided worshippers approve the mixing idols with their gods. in vain ( alas ) in vain i strive , with errors which my soul do please and vex ; for superstition will survive , purer religion to perplex . oh tell me , you philosophers in love , that can these burning fev'rish fits controul , by what strange arts you cure the soul , and the fiery calenture remove ? tell me , ye fair ones , you that give desire , how 't is you hide the kindling fire ? oh wou'd you but confess the truth , it is not real vertue makes you nice : but when you do resist the pressing youth , 't is want of dear desire to thaw the virgin-ice . and while your young adorers lie , all languishing and hopeless at your feet ; raising new trophies to your chastity , oh , tell me how you do remain discreet ? and not the passion to the throng make known , which cupid in revenge has now confin'd to one . how you suppress the rising sighs , and the soft yielding soul that wishes in your eyes , while to the admiring crowd you nice are found , some dear , some secret youth , who gives the wound , informs you all your vertue 's but a cheat , and honour but a false disguise , your modesty a necessary slight . to gain the dull repute of being wise ? deceive the foolish world , deceive it on , and veil your passion and your pride ; but now i 've found your weakness by my own , from me the needfull fraud you cannon hide ; for , though with vertue i the world perplex , lysander finds the feeble of my sex : so helen , tho' from theseus's arms she fled , to charming paris yields her heart and bed. on the prince's going to england , with an army to restore the government , . hunc saltem everso juvenem succurrere saeclo ne prohibite — virg. georg. lib. . once more a father and a son falls out ; the world involving in their high dispute ; remotest india's fate on theirs depends , and europe , trembling , the event attends . their motions ruling every other state , as on the sun the lesser planets wait . power warms the father , liberty the son , a prize well worth th' uncommon venture run . him a false pride to govern unrestrain'd , and by mad means , bad ends to be attaind ; all bars of property drives headlong through , millions oppressing to enrich a few . him justice urges and a noble aim to equal his progenitors in fame , and make his life as glorious as his name . for law and reason's power he does engage , against the reign of appetite and rage . there all the license of unbounded might : here conscious honour and deep sense of right , immortal enmity to arms incite . greatness the one , glory the other fires , this only can deserve what that desires . this strives for all that e'er to men was dear , and he for what the most abhor and fear . caesar and pompey's cause by cato thought so ill adjudg'd , to a new tryal's brought , again at last pharsalia must be fought . ye fatal sisters ! now to right be friends , and make mankind for pompey's fate amends . in orange's great line , 't is no new thing , to free a nation , and uncrown a king. on his royal highness's voyage beyond sea. march . . r. h. they say is gone to sea , designed for the hague ; but portsmouth's left behind to be the nations whorish plague . some think he went unwillingly , say others he was sent there ; but most conclude for certainty , he 's gone to keep his lent there . what need i to apologize ? 't is said , nothing more true is , the chiefest part of 's errand lies , to fetch in cosen lewis . that both together , as they say , if one may dare to speak on 't ; thro' hereticks throats may cut their way , to bring in james the second . by yea and nay the quaker cries , how can we hope for better ? truth 's not in him that this denies ; read edward coleman's letter . gar , gar , the jockey swears faw things , man here is mickle work ; dee'l split his wem , he 's ne'er be king , whose name does rhime to pork . cot 's splutter a nails , the welshman cries , got shield her frow her foes ; he near shall be a prince of wales , that wears a roman nose . the rabble . . the rabble hates , the gentry fear , and wise men want support : a rising country threatens , there , and here a starving court. not for the nation , but the fair , our treasury provides : buckly's , go — n's only care , as middleton is hyde's . rowly too late will understand , what now he shuns to find ; that nothing's quiet in the land , except his careless mind . england is now 'twixt thee and york , the fable of the frog : he is the fierce devouring stork , and thou the lumpish log. a new song of the times , . . 'twere folly for ever , the whigs to endeavour disowning their plots , when all the world knows 'um ; did they not fix on a council of six , appointed to govern though no body chose ' um ? they that bore sway , knew not one would obey , did trincalo make such a ridiculous pother : monmouth's the head , to strike monarchy dead , they chose themselves vice-roys all o'er one another . . was 't not a damn'd thing for russel and hambden , to serve all the projects of hot-headed tony ? but much more untoward , to appoint my lord howard of his own purse and credit to raise men and money ? that at knightsbridge did hide those brisk boys unspy'd , who at shaftsbury's whistle were ready to follow ; and when aid he should bring , like a true brandford king , was here with a whoop , and gone with a hollow . . algernoon sidney , of common-wealth kidney , compos'd a damn'd libel ( ay marry was it ) writ to occasion ill blood in the nation , and therefore dispers'd it all over his closet . it was not the writing was prov'd , or indicting ; tho' he urg'd statutes , what was it but fooling , since a new trust is plac'd in the chief justice , to damn law and reason too by over-ruling . . what if a traytor , in spite of the state , sir , should cut his own throat from one ear to the other ? shall then a new freak make braddon and speak to be more concern'd than his wife or his brother ? a razor all bloody , thrown out of a study , is evidence strong of his desperate guilt , sir ; so godfrey , when dead , full of horrour and dread , run his sword through his body , up to the hilt , sir. . who can think the case hard of sir patience ward , that lov'd his just rights more than those of his highness ? oh disloyal ears , as on record appears , not to hear when to do the papists a kindness . an old doting citt , with his elizabeth wit , against the french mode for freedom to hope on ; his ears that told lies , vvere less dull than his eyes , for both them were shut when all others were open . . all europe together can't shew such a father , so tenderly nice of his son's reputation , as our good king is , to labour to bring his by tricks to subscribe to a sham declaration . 't was very good reason to pardon his treason , to obey ( not his own , but ) his brother's command , sir ; to merit whose grace , he must in the first place confess he 's dishonest under his hand , sir. . since fate the court blesses , with daily successes , and giving up charters go round for a frolick , whilst our duke nero , the churches blind hero by murder is planting his faith apostolick . our modern sages , more wise than past ages , think ours to establish by popish successors ; queen bess never thought it , and cecil forgot it , but 't is lately found out by our prudent addressors . the battle-royal : a dream , . as restless on my bed one night i lay , hoping with sleep to ease the toils of day , i thought , as graver coxcombs us'd to doe , on all the mischiefs we had late run through , and those which are now likely to ensue : what 't is that thus the frantick nation dreads ? and from what cause their jealousie proceeds ? whither at last to what event and end , these sad presages probably might tend ? for as physicians always chuse to know th' original cause from whence distempers flow ; and by their early symptoms boldly guess , whether or no their art shall have success : so i , like a young bold state emp'rick too , did the same methods , and same course pursue ; till with variety of thoughts opprest , i turn'd about to sleep and take my rest : vvhile fancy like a quean alone bore sway , and did this vision in a dream convey . unknown , and unperceiv'd , i was me-thought , into a close retiring chamber brought , and by my guide behind the hangings plac'd , vvhere i cou'd hear and see whatever pass'd : vvhen in a corner of the room there sat three fierce contenders in a hot debate ; and on a table lay before them there the directory , mass , and common-pray'r . this in a cloak , that had a shaven crown , the other in a surcingle and gown ; vvho by his garb , demeaner , and grave look , i for a church of england preacher took ; for howsoe'er they 're drest they may be known by a peculiar carriage of their own . at first i heard a strange confused sound , nor could the meaning , nor the sense expound : till he i mention'd last in rage up rose , and partly thro' the mouth , and thro' the nose , did thus his whining sentiments disclose . and is this all the great reward we must enjoy for being faithfull to our trust ? vvill all the services we 've done the king , no better recompence and profit bring ? and can our boasted loyalty return no other payment but contempt and scorn ? must we thus basely from our hopes fall down , and grow the publick scandal of the town ? as our insulting pride and government has been the publick grievance and complaint ; our prebends , and our bishops too , turn'd out , depriv'd , and scorn'd , in querpo walk about ; and must a transubstantiating priest , be with their goodly lands and lordships blest ? did we for this the popish plot deride , and all our sense , and nonsense too apply'd to blind the people's reason and their eyes , to take it for a sham and meer device : our best and learned'st of divines employ to foil the scent , and to divert the cry ; set bawling p — ing up to talk it down , and fill with canting raillery the town ? did we for this young levites send about , to charm the rabble and possess the rout , with feign'd chymera's of a strange design , against the church , and state , and royal line ? and vilely russel and the rest remov'd , when neither crime or plot was ever prov'd ? nay did we all for this the church disown , and coin a new religion of our own , of a more spruce and fashionable make , than was the old ; and boldly undertake by scripture for to prove the common prayer , when we well knew there 's no such matter there : yet like the calves at bethel set it up , and made them all before the idol stoop ; and whosoe'ere the business would dispute , we did by fines and pillory confute . o precious book ! the dearest thing that 's ours , except our livings and our sine-cures ; for which , might they but still with us abide , we'd part with thee , or any thing beside : as heretofore without reluctance we , have truckt our forfeit consciences for thee : but those are going too — no more he cou'd , prevented by an overflowing flood of tears , which his lawn band and gown besmear'd , as th' ointment drench'd his predecessor's beard . the subtle priest who had resolv'd to stay , till he had spoken all he had to say ; seeing the wretch with too much grief o'relaid , stood up , and thus the following answer made . 't is true , you 've done all this and ten times more , as bad or worse than we have done before ; and if ye think ye have oblig'd the king , who were but under-actors in the thing ; then what do we deserve , whose wit and brain contriv'd the plot and every private scene ? for though a conquest always is obtain'd , and by each souldier's single valour gain'd ; yet those who did command and lead them on , share all the open honour and renown . ye were our instruments , and drudges too ; as rumney , keeling , howard , were to you ; who when they brought about your own design , you left them to themselves to starve and pine : so we the grand projectors of the plot , who did to you your several parts allot , having no farther service to employ , think fit , as useless tools , to lay you by . besides , what title or pretence have you , to any thing ye hold as right and due , since they were setled first on us alone , and could no other lords and masters own ; till ye by rapine , sacrilege and force , discas'd us of our rights and made them yours ? nor can a case more legal e're appear , at court of conscience , or at chanc'ry barr , than what ye did by violence obtain , should to their ancient lords return again . but that which you so much insist upon , your boasted loyalty and service done , from whence ye most erroneously inferr'd , the justice of your claim to a reward , is a meer trifle and a weak defence , with no validity of consequence ; for there 's no reason he should be repaid , who undesignedly a kindness did ; when all the while his thoughts were fix'd upon his own advancement and increase alone ; and all the profit that to me he brings , is by the bye and natural course of things . 't was rancour , envy , meer revenge and spite , that made ye thus against fanaticks fight ; and the dear dread of losing all ye had , that first engag'd your malice on our side , to plead the royal cause , and to promote the king's concern , and for succession vote ; when could ye any other way have kept the saddle , and in ease and safety slept , the king might have been banish'd , hang'd or drown'd , e're succour or relief from you have found . but matters and affairs as yet are not to such a difficult conjuncture brought , but that an handsome fetch may bring ye off with honour and security enough : one gentle turn will all the business do , advance your livings and secure them too ; safe ye shall lie from all fanatick harms , encircled in your mother-churches arms , from which ye've stray'd so long , and now to whom ye ought in duty and respect to come . the mournfull levite straight prick'd up his ears , as glad that things were better than his fears , and joyfull heard what means the priest had found , that might for his dear benefice compound , compos'd his band , and wip'd his blubber'd cheeks , stood up again , and thus demurely speaks . the proverb to my case i may apply , winners may justly laugh , and losers cry : for when i thought my livelihood was gone , it was no wonder that i so took on ; as 't is none now , smiles should my gladness shew , for these good tydings i receive from you ; therefore , dear sir , let us our hearts combine , and both in league against dissenters joyn . my self i under your tuition place , for management and method in the case , how to proceed — the cloak , who all this while , had unprovok'd and unconcern'd sate still , and wisely what they 'd both be at he guest , stood up to speak and to compleat the jest : but glowing anger had so now prevail'd , that in the first attempt he stopp'd and fail'd ; and when he found his tongue to be confin'd , he made his active hands declare his mind . the one engag'd the levite on the place , and with the directory smote his face . confounded with the stroke he stagger'd round , and falling in his wrath tore up the ground . t'other he laid directly o'er the chest , sent ecchoes from the hollow breast of priest , who stumbling as he went to take his flight , fell prostrate o'er his new made proselyte . on both their bodies mounts the nimble cloke , and this his epicinium manly spoke : dejected wretches , there together lie , unpitied , unbewail'd by every eye ; may after-ages your curst names deride , as we your damn'd hypocrisies and pride ; no mark remain to know what ye have been , but the remembrance of your curse and sin ; which shall down time 's continual tide descend , to propagate your fatal shame and end . so may they fall , and all they that design , whoe'er in league against the truth combine , by an unarm'd defenceless hand like mine . pleas'd with the conquest of victorious cloke , i laugh'd aloud methought , and so awoke . an epitaph upon felton , who was hang'd in chains for murdering the old duke of buckingham : written by the late duke of buckingham . here uninterr'd suspends , though not to save surviving friends th' expences of a grave , felton's dead earth ; which to the world will be its own sad monument , his elogy : as large as fame , which whether bad or good i say not ; by himself 't was wrote in blood ; for which his body is intomb'd in air , arch'd o'er with heaven , set with a thousand fair , and glorious stars ; a noble sepulchre , which time it self can't ruinate ; and where th' impartial worm ( that is not brib'd to spare princes corrupt in marble ) cannot share his flesh ; which oft the charitable skies imbalm with tears ; daining those obsequies belong to men shall last , till pitying fowl contend to reach his body to his soul. an answer to mr. waller's poem on oliver's death , called the storm : written by sir w — g — n. 't is well he 's gone ( o had he never been ) hurried in storms loud as his crying sin ; the pines and oaks fell prostrate at his urn ; that with his soul his body too might burn : winds pluck up roots , and fixed cedars move , roring for vengeance to the heavens above . from theft , like his , great romulus did grow , and such a wind did at his ruin blow , strange that the lofty trees themselves should fell without the axe ; so orpheus went to hell : at whose descent the stoutest rocks were cleft , and the whole wood its wonted station left . in battle hercules wore the lyon's skin ; but our fierce nero wore the beast within : whose heart was brutish more than face or eyes , and in the shape of man was in disguise : where-ever men , where-ever pillage lies , like ravenous vultures our wing'd navy flies : under the tropick we are understood , and bring home rapine through a purple flood : new circulations found our blood is hurl'd , as round the lesser to the greater world. in civil broils he did us first engage , and made three kingdoms subject to his rage . one fatal stroke slew justice and the cause of truth , religion , and our sacred laws . so fell achilles by the trojan band , though he still fought with heaven its self in 's hand : nor would domestick spoil confine his mind , no limits to his fury but mankind . the british youths in foreign courts are sent , towns to destroy , but more to banishment ; who since they cannot in this isle abide , are confin'd prisoners to the world beside . no wonder then if we no tears allow to him that gave us wars and ruin too : tyrants that lov'd him , griev'd , concern'd to see , there must be punishment for cruelty . nature her self rejoyced at his death , and on the waters sung with such a breath , as made the sea dance higher than before , while here glad waves came dancing to the shore . clarindon's house-warming : printed formerly with the directions to a painter . writ by an unknown hand . when clarindon had discern'd before hand ( as the cause can eas'ly foretell the effect ) at once three deluges threatning our land ; 't was the season he thought to turn architect . us mars , and apollo , and vulcan consume ; while he the betrayer of england and flander , like the kings-fisher chuseth to build in the broom , and nestles in flames like the salamander . but observing that mortals run often behind , ( so unreasonable are the rates they buy-at ) his omnipotence therefore much rather design'd how he might create a house with a fiat . he had read of rhodope , a lady of thrace , who was digg'd up so often e'er she did marry ; and wish'd that his daughter had had as much grace to erect him a pyramid out of her quarry . but then recollecting how the harper amphyon made thebes dance aloft while he fidled and sung , he thought ( as an instrument he was most free on ) to build with the jews-trump of his own tongue . yet a president fitter in virgil he found , of african poultney , and tyrian dide , that he begg'd for a palace so much of his ground , as might carry the measure and name of an hide . thus daily his gouty inventions he pain'd , and all for to save the expences of brickbat , that engine so fatal , which denham had brain'd , and too much resembled his wife's chocolat . but while these devices he all doth compare , none solid enough seem'd for his strong castor ; he himself would not dwell in a castle of air , though he had built full many a one for his master . already he had got all our money and cattle , to buy us for slaves , and purchase our lands , what joseph by famine , he wrought by sea battle , nay scarce the priest's portion could scape from his hands . and hence like pharaoh that israel prest to make mortar and brick , yet allow'd them no straw , he car'd not though egypt's ten plagues us distrest , so he could to build but make policy law. the scotch forts and dunkirk , but that they were sold , he would have demolish'd to raise up his walls ; nay ev'n from tangier have sent back for the mould , but that he had nearer the stones of st. paul's . his wood would come in at the easier rate , so long as the yards had a deal or a spar : his friend in the navy would not be ingrate , to grudge him some timber who fram'd him the war. to proceed in the model he call'd in his allons , the two allons when jovial , who ply him with gallons . the two allons who serve his blind justice for ballance , the two allons who serve his injustice for tallons . they approve it thus far , and said it was fine ; yet his lordship to finish it would be unable ; unless all abroad he divulg'd the design , for his house then would grow like a vegetable . his rent would no more in arrear run to worster ; he should dwell more noble , and cheap too at home , while into a fabrick the presents would muster ; as by hook and by crook the world cluster'd of atom . he lik'd the advice , and then soon it assay'd , and presents croud headlong , to give good example : so the bribes overlaid her that rome once betray'd ; the tribes ne'er contributed so to the temple . straight judges , priest , bishops , true sons of the seal , sinners , governours , farmers , banquers , patentees , bring in the whole mite of a year at a meal , as the chedder clubs dairy to the incorporate cheese . bulteales , beak'ns , morley , wrens fingers with telling were shrivelled , and clutterbuck , eagers and kips ; since the act of oblivion was never such selling , as at this benevolence out of the snips . 't was then that the chimney-contractors he smoak'd , nor would take his beloved canary in kind : but he swore that the patent shou'd ne'er be revok'd , no , would the whole parliament kiss him behind . like jove under aetna o'erwhelming the gyant , for foundation the bristol sunk in the earth's bowel ; and st. john must now for the leads be compliant , or his right hand shall also be cut off with a trowel . for surveying the building , prat did the seat ; but for the expence he rely'd upon worstenholm , who sat heretofore at the king's receipt ; but receiv'd now and paid the chancellor's custom . by subsidies thus both clerick and laick , and with matter profane , cemented with holy : he finish'd at last his palace mosaick , by a model more excellent than lesly's folly. and upon the tarrus to consummate all , a lanthorn , like faux's surveys the burnt town , and shews on the top by the regal guilt ball , where you are to expect the scepter and crown . fond city , its rubbish and ruins that builds , like vain chymists , a flower from its ashes returning , your metropolis house is in st. james's fields , and till there you remove , you shall never leave burning . this temple , of war and of peace is the shrine ; where this idol of state sits ador'd and accurst , and to hansel his altar and nostrils divine , great buckingham's sacrifice must be the first . now some ( as all builders must censure abide ) throw dust in its front , and blame situation : and others as much reprehend his back-side , as too narrow by far for his expatiation . but do not consider how in process of times , that for name sake he may with hyde-park it enlarge , and with that convenience he soon for his crimes , at tyburn may land , and spare the tower-barge . or rather how wisely his stall was built near , lest with driving too far his tallow impair : when like the good ox , for publick good chear , he comes to be roasted next st. james's fair. upon his house . here lies the sacred bones , of paul beguiled of his stones : here lie golden briberies , the price of ruin'd families : the cavaliers debenter wall , fix'd on an eccentrick basis ; here 's dunkirk-town and tangier-hall , the queen's marriage and all ; the dutch-man's templum pacis . royal resolutions : by a. marvell , esq. . when plate was at pawn , and fob at an ebb , and spider might weave in bowels its web , and stomach as empty as brain : . then c — without acre , did swear by his maker , if e'er i see england again , . i 'll have a religion all of my own , whether popish or protestant it shall not be known ; and if it prove troublesome i will have none . . i 'll have a long parliament always to friend , and furnish my treasure as fast as i spend , and if they will not , they shall have an end . . i 'll have a council shall sit always still , and give me a licence to do what i will ; and two secretaries shall piss thro' a quill . . my insolent brother shall bear all the sway , if parliaments murmur , i 'll send him away , and call him again as soon as i may . . i 'll have a rare son in marrying tho' marr'd , shall govern ( if not my kingdom ) my guard , and shall be successor to me or gerrard . . i 'll have a new london instead of the old , with wide streets and uniform to my own mould , but if they build too fast , i 'll bid 'em hold . . the ancient nobility i will lay by , and new ones create their rooms to supply , and they shall raise fortunes for my own fry. . some one i 'll advance from a common descent so high , that he shall hector the parliament , and all wholsom laws for the publick prevent . . and i will assert him to such a degree , that all his foul treasons tho' daring and high , under my hand and seal shall have indempnity . . and what-e'er it cost me , i 'll have a french whore , as bold as alice pierce , and as fair as jane shore . and when i 'm weary of her , i will have more , . which if any bold commoner dare to oppose , i 'll order my bravo's to cut off his nose , tho' for't i a branch of prerogative lose . . my pimp shall be my minister primier , my bawds shall ambassadors far and near , and my wench shall dispose of conge d'lire . . i 'll wholly abandon all publick affairs , and pass all my time with buffoons and players , and santer to nelly when i should be at prayers , . i 'll have a fine pond with a pretty decoy , where many strange fowl shall feed and enjoy , and still in their language , quake vive le roy. on the lord chancellor h — e's disgrace and banishment , by king charles ii. pride , lust , ambition , and the peoples hate , the kingdom 's broker , ruin of the state ; dunkirk's sad loss , divider of the fleet , tangier's compounder for a barren sheet : this shrub of gentry , marry'd to the crown , his daughter to the heir , is tumbled down ; the grand impostor of the nobles lies grov'ling in dust , as a just sacrifice ; to appease the injur'd king and abus'd nation , who wou'd believe this sudden alteration : god will revenge too for the stones he took from aged paul's to make a nest for rooks ; all cormorants of state as well as he , we now may hope in the same plight to see . go on , great prince , thy people do rejoyce , methinks i hear the nation 's total voice , applauding this day's action to be such , as roasting of the rump , or beating of the dutch : now look upon the valiant cavaliers , who for rewards have nothing had but tears ; thanks to this wiltshire hog , son of the spittle , had they been look'd on he had had but little . break up the coffers of this hoarded thief , there millions will be found to make him chief . of sacrilege , ambition , lust and pride , all comprehended in the name of hyde ; for which his due rewards i 'd almost said , the nation may most justly claim his head. the parallel , . as when proud lucifer aim'd at a throne , to have usurp'd it and made heaven his own ; blasphemous damn'd design : but soon he fell , guarded with dreadfull lightnings down to hell : or as when nimrod lofty babel built , a structure as eternal as his guilt : let us , said he , raise the pround tower so high , as may amaze the gods and kiss their sky : he spoke , but the success was different found , heaven's angry thunder crush'd it to the ground ; so lucifer and so proud babel fell , and 't is a cursed fall from heaven to hell : so fall's our courtier now to pride a prey , and falls too with as much reproach as they , and justly — that with his nauseous courtship durst defile , the sweetest choicest beauty of our isle ; that he was proud , we knew , but now we see , ( like janus looking at eternity ) both what he was and what he meant to be . stern was his look , and sturdy was his gate , he walk'd and talk'd , and would have in state ; disdain and scorn sate pearching on his brow ; but ( presto ) where is all that greatness now ? why vanish'd , fled , dissolv'd to empty air , fine ornaments indeed to cheat the fair ; and which is yet the strangest thing of all , he has not got a friend to mourn his fall ; but 't is but just that he who still maintain'd , disdain to all should be by all disdain'd : had not the lazy drone been quite as blind , equally dim both in his eye and mind : he might have plainly seen — for the example 's visible to all , how strangely low , ingratefull pride may fall . presumptuous wretch ! but that 's too kind a name , for one so careless of his master's fame ; for as the serpent did by fraud deceive , th' unwary soul of our first parent eve ; so he as impudently strove to inspire the royal maid with his delusive fire ; but heaven be prais'd not with the same success , for though his pride 's as great , his cunning's less . the perfect enjoyment : by the e — of r — . since now my sylvia is as kind as fair , let endless joy succeed a long despair . oh what a night of pleasure was the last ! a full reward for all my troubles past : and on my head if future mischiefs fall , this happy night will make amends for all . nay tho' my sylvia's love should turn to hate , i 'de think on this , and dying kiss my fate . twelve was the lucky minute when we met , and on her bed we 're close together set : tho' listning spies might be perhaps too near . love fill'd our hearts there was no room for fear . and whilst i strove her melting heart to move , with all the powerfull eloquence of love , in her fair face i saw the colour rise , and an unusual softness in her eyes : gently they look , and i with joy adore that only charm they never had before . what she forbids love doth by signs command , languishing looks and squeezing of the hand , love's cypher is not hard to understand : whilst i transported too with amorous rage , and fierce with expectation to engage : but fas● she holds her hands , and close her thighs ▪ and what she longs to do , with frowns denies . a strange effect in foolish woman wrought , bred in disguises , and by custom taught : custom , which often wisdom over-rules , and onely serves for reason to the fools . taught by this method of her foolish sex , she 's forc'd a while me and her self to vex : but when at length we had been striving long , her limbs grown weak , and her desires strong , who then can hold to let the hero inn , when he assaults and love betrays within ? at last her hand to hide her blushes leave the fort ungarded , willing to receive my fierce assault , mad with a lovers hast , like lightning piercing and as quickly past : some little pain might check her kind desire , but not enough to make her once retire : maids wounds for pleasure bear as men for praise , here honour heals , there love the smart allays . now she her well contented thoughts employs , on her past fears and on her present joys , whose harbinger did freely all remove to make fit room for great luxurious love : fond of the welcome guest , her arms embrace my body , and her hand a better place : which with one touch so pleasing proud did grow , it swell'd beyond the grasp that made it so . confinement scorns in any closer walls than those of love , where it contented falls . tho' twice o'rethrown it more enflam'd does rise , and will to the last drop fight out loves prize . she like some amazon in story proves , that overcomes the hero who she loves . in the close strifes he took so much delight , she then would think on nothing but the fight . with joy she laid me panting at her feet , but with more joy does his recovery meet : her trembling hand first gently rais'd his head , she almost dies for fear lest he is dead : then does support him with a busie hand , and with that balm enables him to stand : till by her charms she conquers him once more , and wounds him deeper than she did before : now faln from the top of pleasure's hill , with longing eyes we look up thither still ; still thither our unwearied wishes tend , till we that height of happiness ascend ; by gentle steps th' ascent it self exceeds all joys but that alone to which it leads . first then so long and lovingly we kiss , as if like doves we knew no other bliss : still in one mouth our tongues together play , whilst groping hands are pleas'd no less than they . thus cling'd together now awhile we rest , breathing our souls into each others breast : then give a general kiss of all our parts , whilst this blest way we make exchange of hearts ▪ here would my praise as well as pleasure dwell , injoyments self i scarcely like so well : what little this comes short of rage and strength is largely recompenc't with endless length . this is a joy if we could last and stay , but love's too eager to admit delay , and hurries us along so smooth a way . now wanton with delight we nimbly move our pliant limbs in all the shapes of love : our motion 's not like those of idle fools , whose active bodies shew their heavy souls , but sports of love in which the willing mind makes us as able as our souls are kind : at length all languishing and out of breath , panting as in the agonies of death we lie entranc't , till one provoking kiss transports our ravisht souls to paradise . oh heaven of love ! thou moment of delight ! wrong'd by my words , my fancy does the right . methinks i lie all melting in her charms , and fast lockt up within her legs and arms. bent are our minds and all our thoughts on fire , still striving in the pangs of hot desire ; at once like misers wallowing in their store of full possession yet desiring more . thus with repeated pleasures do we wast our happy hours , which like short minutes past . to such a summ of bliss our joys amount , the number now becomes too great to count ; and nature now denying farther force , from deeds ( alas ) we fall into discourse : a fall which each of us in vain bemoans , a greater fall than that of kings from thrones . the tyde of pleasure flowing now no more , we lie like fishes gasping on the shore . and now as after fighting wounds appear , which we in heat did neither feel nor fear , she for my sake intreats me to give o're , and yet confest she 'd gladly suffer more . her words are coy , while all her motions wooe ; and when she askt if that it pleas'd me too , i rag'd to shew how well , but could not doe . thus does fond man run himself out of breath , and seeking rest would find it soon in death , did not kind nature with a double force , restrain its strength and stop its headlong course . indulgently severe she well does spare , this child for hers that most deserves her care . a satyr against marriage , by the same . husband , thou dull unpitied miscreant , wedded to noise , to misery and want : sold an eternal vassal for thy life , oblig'd to cherish and to hate thy wife . drudge on till fifty at thy own expence , breathe out thy life in one impertinence . repeat thy loath'd embraces every night , prompted to act by duty not delight . christen thy forward bantling once a year , and carefully thy spurious issue rear . go once a week to see the brat at nurse , and let the young impostor drain thy purse . hedge-sparrow like what cuckows have begot , do thou maintain , incorrigible sot. oh i could curse the pimp , ( who could do less ? ) he 's beneath pity , and beyond redress . pox on him let him go , what can i say ? anathema's on him are but thrown away : the wretch is married , and hath known the worst ; and his great'st blessing is , he can't be curst . marriage ! oh hell and furies name it not ! hence , hence ye holy cheats , a plot , a plot : marriage , 't is but a licens'd way to sin , a noose to catch religious woodcocks in : or the nick-name of love's malicious fiend , begot in hell to persecute mankind . 't is the destroyer of our peace and health , mispender of our time , our strength and wealth . the enemy of valour , wit , mirth , all that we can vertuous , good , or pleasant call . by day 't is nothing but a needless noise , by night the eccho of forgotten joys : abroad the sport and wonder of the crowd , at home the hourly breach of what they vow'd . in youth 't is opium to our lustfull rage , which sleeps awhile , but wakes again in age. it heaps on all men much , but useless care , for with more trouble they less happy are . ye gods ! that man by his own slavish law should on himself such inconvenience draw . if he would wiser nature's laws obey , those chalk him out a far more pleasant way . when lusty youth and flagrant wine conspire , to fan the blood into a generous fire , we must not think the gallant will endure the puissant issue of his calenture : nor always in his single pleasures burn , tho' nature's handmaid sometimes serves the turn . no , he must have a sprightfull , youthfull wench , in equal floods of love his flames to quench : one that will hold him in her clasping arms , and in that circle all his spirits charms , that with new motion and unpractis'd art , can raise his soul and re-insnare his heart . hence spring the noble , fortunate and great , always begot in passion and in heat : but the dull off-spring of the marriage-bed , what is it but a humane lump of lead ? a sottish lump , ingender'd of all ills , begot like ca●s against their fathers wills . if it be basterdiz'd , 't is doubly spoil'd , the mother's fears entail'd upon the child . thus whether illegitimate or not , cowards and fools in wedlock are begot . let no ennobled soul himself debase by lawfull means to basterdize his race : but if he must pay nature's debt in kind , to check his eager passion let him find some willing female out ; what though she be the very dregs and scum of infamy ? though she be linsey-woolsey bawd and whore , close-stool to venus , nature's common shore , impudent , foolish , bawdy , and disease , the sunday crack of suburb prentices , what then she 's better than a wife by half , and if thour' t still unmarried thou art safe . with whores thou canst but venture : what thou 'st lost , may be redeem'd again with care and cost ; but a damn'd wife by inevitable fate , destroys soul , body , credit and estate . finis . addenda . in opposition to mr. dryden's essay on satyr . . now the reformer of the court and stage , the common beadle of this wilfull age , has with impartial hand whipt soverain sin , in me it is but manners to begin . to correct vice keen satyr may prevail beyond the law , when preaching blockheads fail : for law and satyr from one fountain flow : were not men vicious there would be no law. but to cry up his sawcy cant and rule , for lawfull satyr , proves the witt or fool. to rail at states , and monarchs ill entreat , then cry 't is good because the subject's great : as man were onely plac'd in paradice , to nibble on the fruit on which he dies . can owls and vvoodcocks with the eagle play , and not in danger to become a prey ? vvhat is 't to lash the king and council-table , vvhen i my self am kickt by the town rabble ? for me to labour in a lower sphere i think too much , yet it is safest there : nor do i covet matter to my rhymes the greatest person , but the greatest crimes . vvhat is 't to me , who keeps a mis , who 's vved , or who got carwell's costly maidenhead : vvho got the better on 't , the peer or knight ; vvhat lord was drunk , or lady — last night . these are the crying crimes ; yet one may do all this , and be an honest subject too . but to supplant the government , to cry a●legiance down , and raze out monarchy ; to make caballs , and by a bold petition imbrue the nation in a new sedition ; to sowce rebellion , lay up plots in pickle , and make each tavern-bar a conventicle ; this would become a muses excellence , to whi● the club into allegiance . who 'd not be as affected as sir carr ? as proud as m — ve , as dull as d — ar ? drunk as fish , who lost himself and prince 〈…〉 debauch , and ne'er was sober since ; 〈…〉 than that insatiate beast of prey , 〈…〉 flock , to make himself away . 〈…〉 cloy'd with blood of lambs and ews , 〈…〉 the shepherd's noose . 〈…〉 men find a more safe abode , 〈…〉 paths to keep the road. 〈…〉 humane wisdome ever shou'd 〈…〉 pretence of doing good : 〈…〉 men , that wou'd prescribe us rules 〈…〉 , prove either knaves or fools . 〈◊〉 the ●ataline that left whitehall , to be made president of the cabal : so h●'s in play , ( provided there 's no blows ) it matters not the new , or the old cause . has on all points of government ran his rounds , as gore the compass did with blood and zounds . but sooner may you fix the northern wind , than hope the weathercock will be confin'd . nature made him a perverse wight , whose nose extracts the essence of his gouty toes . double with head to tail he crawls apart ; his bodies emblem of his double heart . in the courts sun he riggles like a snail ; touch but his horns he shrinks into his shell . rowl'd like a hedgehog up , he shews his snout , and at the council-table makes a rout . gainst king and the succession domineers ; if ought oppose him , he has forks and spears . like a vile skuller he abjures the realm , and sinks the barge 'cause he 's not chief at helm . then cries all hands to pump a leak i' th' keel , and stops it up with julian's conger-eel . and when a shot pierc'd the broad-side , e'en then clapt in the hole , and sav'd sir edward's men. the way 's to keep him there , if he get through , secures himself , he drowns the ship and crew . if to the ocean back again he 's bent , with rabble , he 's in his own element . there let him plot and ne'er behold the sun , till he has through all scenes of folly run , under pretext of wit to be undone . as the late duke who for a glorious bully , retir'd from court to be the city 's cully ; the city's minion , now their scorn and sport , there more despis'd than once ador'd at court : who did his fall so cunningly contrive , in quaint disguise , to ryot , rant , and s — ve , and when he lifts himself in infamy , reviles the state , and rails at monarchy . the only means true glory to pursue ; and must the best way be because 't is new . would any hewson from the throne retreat to th' stall under disguise of being great : and only for to merit vulgar praise , rather than not be popular , be base . so once an emperour , as stories say , exchang'd his sceptre for a ferula ; and only proud to prove himself a fool , did quit the throne to keep a petty school . yet this was great ; while only for the noise of sovereign sway he lords it over boys . look to it york , the nation first shall bleed , or the two kings of brandford shall succeed . h — for an empire has as great an itch , as ever dog had for his salt swoln bitch . high on ambitious plumes aloft he flies , and to be something melts them in the skies ; vvhile th' humble wretch at home lies prostrate down to all the barking beagles in the town . young d — too does in the club intrude , to be applauded by the multitude : vvith zeal to king and countrey he abounds ; keeps with the hare , and opens with the hounds : now of the court , now of the countrey free , mistakes prerogative for liberty . how well a regiment would him become , if the loud commons did but beat the drum. my masters vote it ( sir ) a prohibition ; i can't in conscience brook with your commission . to levy forces , and assign commanders , is treason in the king to france , or flanders . but if the house command me though i starve , i 'le quit vvine , vvhores , allegiance too , to serve . g — better far might slight his sovereigns bounty ; he had a regiment within his county : and poor enough to back his tatter'd cause , vvou'd r — venture but a broken nose . appease this mouthing cerberus with a bone ; honour 's a dainty crust to pick upon ; vvhile his dear doxy makes a shift to rub the business out with m — at the club. and rolleston leads the van while they combine , and humbly beg their sovereign to resign . how faction and the quenchless thirst of rule hurries to ruine the ambitious fool , vvhose haughty soul pufft up with sovereign sway , vvill never scarce be humbled to obey . the pious earl had such a spacious poop , as swallow'd up n — b — n and his troop : vvho lately lord lieutenant of a realm , seem'd a good pilot while he sat at helm ; but when he was depos'd , he overthrew his master's cause and sided with the crew . now b — d he had much the worst o' th' lay , having more wit or honesty than they , sneakt off and left the club , his game to play . who after he had led them to the porch , like buckingham , he left them in the lurch : at such a juncture of a time as odly , as peyton for his highness left the godly ; or escrick howard to become a bawler , withdrew from court to cry up active waller . these are the men who all the bustle make , and empire check meerly for empire sake . they lay their stamp on the revolting darling , and in the club make treason pass for sterling . there are some other beagles in this pack , that make a noise the royal chase to back ; but when a mastiff opens in the dark , the little dogs will shake their tails and bark : and though the foremost hound but start the hare , the rest will mouth it as they claim'd a share : who follow by the scent , and scarce have sense to judge 'twixt treason and allegiance ; as fops meet in a pit to damn a play , not as they know , but by what others say . unmeaning fools , who something to be at , follow the leading cuckow , like the batt ; and justly merit as they are despis'd , rather to be rejected than chastis'd . so bawling h — n and k — the mute , with noise and nonsense fill up the dispute ; and while the club proclaims the lawless strife , one is the drum , and t'other is the fife . what shall we say of fa — ge , br — er , or c — ry , or dull d — gh shall i flatter ; who in the synod drudge like gally-slaves , and buy the stock to make a gleek of knaves . like beasts insensible of wrong they stray , and find a pound quitting the king's highway . and now behold in triumph to their follies , in noll's old coach of state comes sneaking h — s. who sold the father by an old commission , and purchases the son with a petition . now whether has the better on 't , the club , or the five members in the royal job ? this is the bakers dozen makes the rump , and little wa — r's leaven to the lump ; when b — rd civilly had made his legg , the club engender'd and brought forth an egg ; which like grand cairo for a quick dispatch , hot monsieur parliament must sett and hatch . r — ly began to puff and shake his noddle , and told them in plain terms the brood was addle ; that to a rump he never more would give away his birthright , or prerogative . then like a god , which from his breath did leap , dissolv'd the chaos of confused heap . bravely he spake , and wisely he perform'd , while still the club against the council storm'd : who rather than from faction wou'd be free , or touch no more of the forbidden tree , would damn themselves and their posterity . how vile a thing is man ! how sudden fate attends his frailty in the best estate ! when arm'd with innocence and vertue , all that makes him blest is subject then to fall : the great first bold offender oft i chid , when i my self agreed to what he did : had i been there , perhaps i had done worse , and on my rase entail'd a double curse : ev'n i who all this while exclaim'd at vice , and made to loyalty a sacrifice , may be deem'd sawcy , insolent and rude , and thought as guilty by the multitude . this balm i 'le save against the deepest wounds , to keep my sharper pen within its bounds ; and lest my soaring muse too meanly fall , learn to write mannerly , or not at all . advertisement . state poems continued , from the time of oliver cromwell , to this year , , by the greatest wits of the age , viz. lord rochester , lord d — t , lord v — n , the honourable mr. m — ue , sir f. sh — d , mr. milton , mr , prior , mr. stepney , mr. ayloffe , &c. among which , are several poems in english and latin , in praise of oliver cromwell , by dr. south , mr. lock , sir w. g — n , dr. crew , mr. busby , &c. on king charles ii'ds return , by my lord rochester ; three satyrs by the same , written between and . a charge to the grand inquest of england , . the royal buss and windsor , by the lord rochester . an epitaph on card. mazarine ; satyr unmusled ; the hind and panther transverst to the story of the city-mouse and country-mouse ; the man of honour , by the honourable mr. m — ue . the vision ; the converts ; the lawreat ; the poets address ; the audience ; the dream ; caesar's ghost . on the university of cambridge , burning the duke of monmouth's picture , , by mr. stepney ; on the commencement there , by mr. ayloffe ; to mr. f. shepherd , by mr. prior ; an answer to king james's declaration , by several hands ; on the death of the late queen , by the lord cutts ; on tunbridge-wells , by mr. causton ; an essay on writing and printing ; a prologue , by the earl of rochester ; on melting down the plate , . on tunbridge-wells by the lord rochester . a satyr against brandy . on the infanta of portual . on the return of king charles , by dr. south . with many other excellent poems , never before printed . price s. sold by the booksellers of london and westminster . this first part , with the continuation above , makes a compleat collection of all that is valuable in this nature , for these forty years . notes, typically marginal, from the original text notes for div a -e coleman . octob. the th , . major . d — of buck. buck. orm. lauder● . arling . chancel shafts . cliff. laud. cliff. master speaker his speech to his majestie, in the high court of parliament, the fifth day of november, . mr speaker his speech to his majestie. lenthall, william, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing l thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) master speaker his speech to his majestie, in the high court of parliament, the fifth day of november, . mr speaker his speech to his majestie. lenthall, william, - . england and wales. parliament. house of commons. p. printed for william shears, london, : . attributed to william lenthall by wing. annotation on thomason copy: "feb. . .". reproduction of the original in the british library. eng charles -- i, -- king of england, - -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason e _ ). civilwar no master speaker his speech to his majestie,: in the high court of parliament, the fifth day of november, . lenthall, william c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion master speaker his speech to his majestie ▪ in the high court of parliament , the fifth day of november , . ws printer's or publisher's device london , printed for william shears , . master speakers speech in the high court of parliament , to the kings most excellent majesty , the fifth of november , . most gracious and dread soveraigne , in all submissive humblenesse , the knights , citizens and burgesses of the house of commons are here assembled , who taking along with them your gracious inclination , have according to their ancient liberties designed me their speaker . whereas i cannot but lament to think how great a mist may overcast the hopes of this sessions , yet a note of favour to me , who cannot but judge my self unfit for so great imployment , which so appeares to the whole world . many there be of deep judgment , and sad experience , that might have added lustre to this action , and expedition to the work , if they had pleased to have left me in that mean condition they found me . non mihi tacuisse nocet , nocet esse locutum . and then might your sacred and pious intentions have had their full advancement . but is it yet too late ? may i not appeal to caesar ? yes ▪ i may , and in the lowest posture of humility . i humbly beseech your sacred majesty to interpose your royall authority , to command a review of the house , for there were never more than now fitted for such imployments . my lord keeper approves of him by his majesties direction , then he goes on , it pleaseth not your sacred majesty to vouchsafe a change . actions of kings are not to be by me reasoned . therefore being imboldened by this gracious approbation , give me leave a little , dread soveraigne , to expresse my own thoughts unto our gracious lord the king . i see before my eyes with admiration the majesty of great brittaine , the glory of times , the history of honour , charles the first , in his forefront placed by discent of antiquity ( kings ) setled by a long succession , and continued to us by a pious and peacefull government . on the one side the monument of glory , the progeny of valiant and puissant princes , the queens most excellent majesty . on the other side , the hopes of posterity , and joy of this nation , those olive branches set round your tables , emblems of peace to posterity . here shine those lights and lamps placed in a mount , which attend your sacred majesty as supreme head , and borrow from you the splendor of their government . there the true state of nobility , figures of prowesse and magnanimity , fitted by their long contracted honour in their blood , for the councell of princes . in the midst of those the reverend judges , whither both parts ( as to the oracles of judgment and justice ) may resort , cisterns that hold fair waters , wherein each deviation ; each wrinckle is discernable , and from thence ( as from the center ) each crooked line ought to be levelled ; the footstoole of your throne is fixed there , which renders you glorious to all posterity . here we the knights , citizens and burgesses of the commons house , at your royall feet , contracted from all parts of your kingdom , ensignes of obedience and humility , all these united by the law equally distributed , which cements this great body to the obedience of your sacred majesty ; and compells as well the hearts as the hands to contribute for the preservation of your majesty , and the common interest , dissipates the invaders of the church and common wealth , and discovers the impostures , but ( give me leave dread soveraigne ) knits the crown to the sacred temples , and frees majesty from the interpretation of mis-doing . amongst these this great councell is most soveraign against the distempers of this nation . were they infested at sea , troubled at home , or invaded from abroad , here was the sanctuary of refuge , hither was the resort , and no other way found for a foundation of peace . it is reported of constantine the great , that he accounted his subjects purse his exchequer , and so it is . subtile inventions may pick the purse , but nothing can open it but a free parliament ; which lets in the eye of soveraignty upon the publique maladies of the state , and vigilancy for the preservation of our ancient liberties ; for this we need not search into antiquity , look but a little back , there we shall see our just liberties gratiously confirmed by your most sacred majesty , and is our happiness shut up in the remembrance of times past only ? no . those gratious expressions lately fal'n from your sacred lips , as hony from the combe , make glad the hearts of your people . so that now we do more then promise to our selves a large and free consideration of the wayes to compose the distempers of these kingdomes , and then present them to your royall hand for perfection . and such shall be our deportment , that as we shall labour the continuance of our liberties , so shall we carry a high regard to preserve that soveraigne power wherewith your majesty is invested for the preservation of your kingdome , and to render your sacred majesty terrible to the nations , and glorious at home ▪ are these the fruits we have enjoyed by parliaments ? we cannot then but wonder at that horrid invention in this place projected , monstrum horrendum , informe , ingens but the lord be thanked , cui lumen ademptum est . can this receive a palliation ? men , fathers , and brethren , and all at one blast ; no reverence to sacred bones of princes ? were we not all in a lump by them intended to be offered up to moloch . let us never forget this days solemnization ( but whither ? ) it is too much boldness to presume longer on your majesties grace and goodnesse ; and therefore for the better expedition of this service ; we humbly desire ; . that our selves and servants may obtain freedome from arrests of their persons and goods . . that we may have free liberty of speech without confinement , with a full and free debate . . that your majesty will vouchsafe our repaire to your sacred person upon matters of importance , according to the ancient priviledges of the house . that with such alacrity we may now proceed to manifest to the world , that our retirements were to reinforce a greater unity and duty , and to endeavor a sweet violence , which may compell ( pardon dread soveraigne the word compell ) your majesty to the love of parliaments . and thus god will have the honour , your sacred ▪ majesty splendor , the kingdome safety , and all our votes shall passe , that your sacred majesty may long , long , long reigne over us ; and let all the people say , amen . ( *⁎* ) finis . ursa major & minor, or, a sober and impartial enquiry into those pretended fears and jealousies of popery and arbitrary power with some things offered to consideration touching his majestie's league made with the king of france upon occasion of his wars with holland and the united provinces : in a letter written to a learned friend. philipps, fabian, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing p a wing u _cancelled estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) ursa major & minor, or, a sober and impartial enquiry into those pretended fears and jealousies of popery and arbitrary power with some things offered to consideration touching his majestie's league made with the king of france upon occasion of his wars with holland and the united provinces : in a letter written to a learned friend. philipps, fabian, - . [ ], , [ ] p. printed for h.s., london : . attributed to fabian philipps. cf. wing; dnb. errata on p. [ ] at end. this item appears at reel : as u (number cancelled in wing nd ed.); it has been reassigned number p a. reproduction of original in huntington library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng church and state -- great britain. great britain -- politics and government -- - . - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - rachel losh sampled and proofread - rachel losh text and markup reviewed and edited - pfs batch review (qc) and xml conversion ursa major & minor : or , a sober and impartial enquiry into those pretended fears and jealousies of popery and arbitrary power , with some things offered to consideration touching his majestie' 's league made with the king of france , upon occasion of his wars with holland , and the united provinces . in a letter written to a learned friend . london , printed for h. s. mdclxxxi . sir , if a very long and sad , for many years together , often repeated experience , with the sence of very many national and universal needless miseries , which are so certainly to be believed , as all the people of the nation ( the wickedly-gaining party by it only excepted ) may safely make affidavit of it , were able to obtain any thing or prevail with us , not one , but every man should think that it was and would be a duty incumbent upon every english-man , and true lover of his king and countrey ( for there be too many counterfeits who do not well understand either the one or the other ) to abhor and fly as the affrighted greek , and relator of the strength and gigantine cruelties of the monstrous polyphemus , did with a fugite ô fugite , from the phantasms of those ungrounded fears and jealousies , which usher'd in , and fomented that subversion of our religion , laws , and liberties , especially when it is not yet gone out of memory , how many dismal and ever to be lamented effects and calamities the inflamed and affrighted vulgar and too hasty and inconsiderate factious part of the people , in the years , and . with the fancies of popery , and arbitrary power and dangers rushing in upon us , viz. a plague-plaister supposed to have been attempted to be delivered to their great champion mr. john pym to infect and destroy him ; horses kept and trained under ground ; the lord digby in his coach and six horses ( upon his ordinary occasions ) appearing at kingston upon thames in a warlike manner , with many other dressed up bugbears , not enough to affright old women and young children have brought upon us , and that a bloody and costly war , murder of their king and fellow subjects , rapine and spoil of each other ; the washing over in blood , and almost destruction of three kingdoms , and the ruine of church and state have been the products of them . and when all was done , could not assign any other ground or cause for it , than rebellion that sin of witchcraft , and the relish and content which was found in the violation of all the commandments in the second table of the dreadfully , by god himself , pronounced decalogue ; and as much as they could of the first , and by yielding up their discretions to the first summons of their fears of imaginary apparitions of dangers , have made themselves to be well deserving , or fit for the reproach or castigation which st. paul used to a far less intoxicated people , o ye foolish galatians , who hath bewitched you ? though your learning , long conversation , and large acquaintance with history ; together with your curious recherches and retrospection into the affairs of the world , and ages past , a great insight into the politiques , and a strict watch and observation kept upon the causes , effects , and events of actions of state , and as many of the reasons and intrigues thereof , as are proper and do usually come to publick view , may sufficiently fortifie you , against those kind of impressions , which have bespoken and taken up so much room in the minds of such as are less cognisant , or do too much accustome themselves to make their designs to be the only measure of their own errors in judgment , which are not seldom built upon guess or contraries ; yet lest your great care and vigilance in all the concernments of the protestant religion , and the property and just rights of the subjects should raise in you more than ordinary apprehensions , and carrying you down the rapid stream of those great mistakings , bereave you of that happiness which hitherto hath attended the temper and tranquillity of your mind , and make you a prisoner to those fears and false alarms , which your more sedate thoughts , will i assure my self tell you are not to be numb'red amongst those quoe in virum constantem cadere possint , which can ever be able to disturb the quiet and repose of a man , who from the mountains of time , hath looked further than yesterday , and by the rules of prudence , policy , and former examples , may with more certainty than astrology ever afforded , foresee what is likely to happen . i have adventured here inclosed to send you my thoughts and sentiments , which i hope will not want your candid reception ; especially when they shall but bring before you and your judicious censure the considerations , that there will be enough surely to satisfie and quiet the most timerous or melancholick persons ( who too often trouble themselves with their own imaginations ) that the increase of popery since the statutes of the first and th of queen eliz. and d of king james , in the year . ( when liberty , pretence of religion , and conscience began to run out of their wits , and never stayed until they came to an open and horrid rebellion ) hath been so little ( although the popish party have gained too many great advantages by that and our many divisions in matters of religion and church government , and our late national debaucheries and atheism , which do carry too many into the delusions of popery ) as it may , if a strict accompt were taken , probably enough ascertain us that there hath been rather a decrease than an increase of it . and that if commissions , which will be no way inconsistent with the rules and reason of law and good government were granted by his majesty unto orthodox , loyal , discreet , sober ; and unbyassed persons in every county and city of england and wales , to inquire and certifie how many papists there are therein resident , the result and conclusion will assure his majesty and his great council of parliament , that there is not above five in every hundred of the nation , if so many , that are guilty of direct popery , or infected with it ; and in scotland not many more , unless that small number should happen something to be increased by the late addition of the jesuited masquerade counterfeit protestants . and their increase in riches or estate , not like to be much , when they that shall be convict , and have no lands or real estate , are by the statutes of eliz. to forfeit and pay l. every month. and they that have lands and real estate are to pay parts , the whole in the parts to be divided by the statute of jac. ca. . and if that should not impoverish their estates , and make them less terrible than the anakims , it would nevertheless be effected by the maintenance , necessities and corroding of their priests and jesuits , with the multitude of papal exactions and contributions to foreign colleges , and religious houses , pensions , censes , peter-pence , procurations , suits for provisions , expeditions of bulls , appeals , rescripts , dispensations , licenses , grants , relaxations , writs of perinde valent , rehabilitations , abolitions , and other sorts and natures of breves and instruments enumerated in the statute of h. . ca. . and there said to be infinite , with their many times costly masses , indulgencies , releases , and purgatory favours , by which the common kind of papists are sure in their contributions and taxes charged upon them by their wellgaining superiours , or conductors , the wrong way to have themselves and their families kept and continued poor and low enough , without the least of danger of surfeits or overmuch satieties , especially when they are to live after the excessive rates of houshold provisions , and expences for food and raiment , now more than formerly exacted , to the shame and disgrade of the protestant religion , by a mighty and insupportable excess of pride , usury , brocage , and cheating to maintain it . neither are their numbers or increase ( considering their strict observations of lent , very many publick penances , vigils , and fasts , and private mortisications ) like to be as dreadful as that of the children of israel in aegypt to the aegyptians . or of the moors that had years together conquered and overpowred spain , when the numerous posterity of them were in the memory of man , banished and sent home again into affrick upon so severe and short a warning , as they were constrained to abandon and leave behind them all their lands and possessions , and carry only such moveables as a rigorous and short prefixion could allow them . or to cause them to be transplanted , as many of the irish were , by cromwell in his hypocritical , zealous , and unmerciful policy from their other more comfortable provinces in ireland , as ulster , lymerick , and the english pale , into connaught the worser part of that kingdom . and that there is no foundation to support those panick fears which have so greatly and more then needs tormented the minds of too many of the either over-credulously fearful , or over-medling part of the people , and being only more supposed than demonstrated to be a grievance , and lying heavy upon some kind of spirits , will be as necessary to be taken out of their minds , and as well becoming a state policy , and the care of the soveraign , as it was of our king henry the third , who in the turbulent commotions of his barons and their adherents , and the distresses which were put upon him , found it to be no mountebank's medicine to cure and asswage the distempers of the all-discerning and giddy multitude , by granting out his commissions into every county , to inquire of their grievances or causes of discontents ; so as not to excuse or patronize any one sort or sect whatsoever , in their maintaining the unchristian and damnable doctrine of killing or deposing princes for male-administration of justice , or those that dissent from our truly loyal and religious church of england . it may be a thing capable of wonder , and fit to be put as a question to the more intelligent , how it should happen that fears and jealousies should so disturb the minds of such as endeavour to affright themselves , and others with the attempts and dangerous doctrines of the popish party , and the same persons nevertheless to be so calm and silent in the fast-rooted , unrepented , and offered in publick to be justified groundless , ungodly , and disloyal opinions of too many of those that would be called protestants , and accompted zealots in the practice and promotion of it , that a king is accomptable to the people for breach of trust , may be deposed , and is but co-ordinate with both his houses of parliament ; and as not content with that which can never be proved to be due unto them , would mount a great deal higher , and pretend that there is a soveraignty in the people ; and that the king is but an artificial man , set up or appointed by them ; and suffer a seditious book , called , the obligation of humane laws to be publickly sold , and never complained of , when it doth all it can to prove , that every man , how simple or illiterate soever he be , is to be a judge , whether the law or a command of his prince or superior be good or bad , and direct or apply his obedience unto it accordingly . as if they had never heard or read of the folly and dire effects of rebellion and sedition in that of the spencers , in the reign of king edward the second , that allegiance was only due to the crown , and not unto the person of the prince ; being exploded by two acts of parliament , and the promoters condemned of treason , and his inforced resignation of his crown to his son king edward the third , by the faction of his queen and mortimer , and the deposing of king richard the second by an over-power of the army of henry of lancaster , and his party , occasioned by affrighting him into a seeming voluntary surrender , disallowed and detested by succeeding ages . or may we not rather commend and imitate the better temper of the subjects of this kingdom before the d year of the reign of queen elizabeth , when in the beginning of her happy and ever to be praised government , they never started at her indulgence to the popish party , or took it ill that she kept an embassador at rome , and was offered to have the english liturgy , and reformation established by the pope's authority , if she would but acknowledge his supremacy , gave aid to don antonio , a distressed popish prince towards the recovery of the kingdom of portugal , and so much assisted mary queen of scotland , a papist and mother to our king james ( who if she had survived her , was by inheritance to have been queen of england ) against the presbyterian and congregational rebellious party in scotland , as they called her the whore of babylon , and publickly preached that she was an atheist , and of no religion . or can we do less than deem the english nation in the reign of king james , to be happy in their enjoyment of so great a tranquility , as to be free from any suspitions of the increase of popery , when he was wrongfully accused by elphiston , to have written a little before his coming to the crown of england , a seeming friendly letter to the pope , and that the pope had after he came into england , sent a cardinal to seduce him into the snares of that religion ; wherein ( although upon reason of state he had given his royal protection unto preston and warrington , two secular priests , against the practices of some jesuits , which abbot arch-bishop of canterbury , a professed enemy to popery , did allow as a thing not evilly done ) his afterwards learned books and writings against that church , might have abundantly manifested the folly of such who should but have imagined that he had any inclination or good will unto it . for it cannot be unknown to you , that until the th year , and the after succeeding years of the reign of that peaceable and wise prince , when his son-in-law frederick prince elector , and count palatine of the rhine , had as unhappily as rashly and unjustly , taken upon him to be elected king of bohemia , and that by the designed marriage of his late majesty with the infanta of spain , he endeavoured all he could to allay and quench the fire which the wars about that and the palatinate had kindled in germany , and had put too many of our english into an humour and fit of zeal , to desire the propagating of the protestant religion by the sword , no such fears or jealousies had gained a possession in the minds of some unquiet people , who were in duty as well as reason to have acquiesced in the constancy and care of that religious king , for the preservation of the protestant religion . nor escape your observation , that the benefits of the marriage with the infanta of spain , being not well understood , and the misapprehension of a toleration of popery to ensue thereupon , multiplying the supposed dangers . having induced the house of commons in parliament in the nineteenth year of his reign , to petition that peaceable prince , that the time was come that janus temple must be opened , and the voice of bellona , not of the turtle must be heard , and therefore they thought it their duty not only to provide for the present supply of the war , but to take care for the securing of their peace at home , which the dangerous increase and insolency of popish recusants , apparently , visibly , and sensibly did lead them unto . and yet in the same petition did acknowledge , that they did not assume to themselves any power to determine of any part thereof , nor intended to incroach , or intrude upon the sacred bounds of his royal authority , to whom , and to whom only they acknowledged it did belong to resolve of peace and war , and the marriage of the most noble prince his son. unto which he did answer , that his son in law 's unjust usurpation of the crown of bohemia , from the emperor , had given the pope and all that party too fair a ground , and opened them too wide a gate , for curbing and oppressing of many thousands of the protestant religion in divers parts of christendom ; that the palatines accepting of the crown of bohemia , had no reference to the cause of religion , and therefore would not have the parliament to couple the war of the palatinate with the cause of religion , and that the beginning of that miserable war which had set all christendom on fire was not for religion , but only caused by his son-in-law's hasty resolution following evil counsel , to take to himself the crown of bohemia , and in the last year of his reign in a speech to the parliament , wished that it might be written in marble , and remain to posterity , as a mark upon him when he should swerve from his religion . and certainly he must be much an infidel , and a great master in the phantasticks , and school of opinionastrete ; that will not believe king charles the first his son to have been a great assertor of it , when in the fourth year of his reign , in a speech to the parliament , he declared , that he was , and ever should be , as careful of religion , and as forward as they could desire , and would use all means for the maintenance and propagation of that religion wherein he had lived , and did resolve to die . and in the head of his army , and very great distresses afterwards profess by the taking of the blessed sacrament , to maintain it , and took so great a care of it , as a popish book could not peep into england , but he speedily appointed some of his chaplains , or some other learned man of the church of england , to print and publish an answer unto it , made many of his coins of silver to proclaim his resolution to defend the protestant religion , laws , privileges of parliament , and the liberties of the people , and died a martyr , because he would not deliver up his subjects to a perpetual slavery of a never to be shaken off arbitrary power . and his majesty that now is , being the son and heir of his constancy in the protestant religion , hath been so much of that fixed and unalterable resolution as the love of a mother , and all those obligations that a filial obedience had put upon him , could not disswade him from enforcing the duke of gloucester his younger brother out of her tuition , and intention to breed him up in the popish religion , and the syren charms of militiere in his book purposely dedicated unto him to make him averse to that religion whose pseudo-professors had murdered his father , and been the cause of those very many miseries , affronts , ill usages , wants , and reproaches which he and his royal brothers endured in the twelve years longsome time of his distresses , could never perswade him to accept of a strong and powerful aid of catholick princes for his re-establishment in his kingdoms , nor incline him to do that to save three kingdoms , which his grandfather by the mother-side , the great henry of france , by reconciling himself to the church of rome , did to save only one , when his sufferings outwent and far surmounted any which his grandfather had endured . but if any would have our laws the severest of which was enacted in the conspiracy , and feared evil consequences of the gun-powder treason , to be put so much in execution , as to forfeit and take away two parts of three ; the whole in three parts to be equally divided of the real estates of those who have lands , and subject those that have no lands to great forfeitures and penalties , and incapacitate all , to bear any office in the kingdom . they are to consider that it will be as hard as unequal for their king and common parent , as well as ours to allow a liberty and connivance to those that are of worse principles , or at least as dangerous as the papists , fought and were active in our last wars and miseries against his majesty , and his royal father , and all that were their loyal and obedient subjects , and deny it to those that fought , were sequestred , plundered , and suffered for them ; that all the protestants in the world are not in england , and that amongst those in england , there are too many ( the more is the pity ) who have so rent and divided themselves from the church of england , and do so much and so often vary in their judgments , practice , and opinions , as they appear rather to be no protestants , or very little embracing the profession and interest thereof ; that our incomparable and prudent queen elizabeth , could never have maintained and supported so much as she did the protestant religion , as well lutheran as calvinist , in the parts beyond the seas , and that of the purer and better reformed religion of the english church at home by her aids , embassies , leagues , and intercessions , if she had not requited the catholick princes with the like indulgence and usage to any of her subjects that were of the romish religion , and that neither the rebellions of the earls of northumberland and westmorland , for the advance of popery , many several attempts to take away her life , and plots to dethrone her , could ever perswade her , or her learned successor , notwithstanding the horrid design of the gunpowder treason , against him and his posterity , and the wiser as they should be and better part of his subjects assembled in parliament , to be more than prudentially rigorous to that party , whose friends in other countries might retalliate any severity used to theirs ; and although she made some fierce and smart laws to affright those that called themselves catholicks , for principles inconsistent with the safety of her soveraignty , and its government , which in all these acts of parliament appeared to be more against the emissaries from rome , which came to seduce and lead them into such dangerous errors , than to forbid any thing that was innocent in the private devotions , religious and practical part of it ; that great queen and king well understanding that they could not by any rules of state , justice , or modesty , of which princes when there is not so great inequality , as to give them an absolute dominion over one another , are usually very tender , require any ease or liberties for protestants living under other princes , and their laws , when they can neither promise or perform mutualities or reciprocations . and therefore the learned king james when the house of commons in parliament had petitioned him to give some stop to the growth of popery , one cause whereof they assigned to be the interposition of foreign princes embassadors and agents in favour of papists ; answered , that they might rest secure , that he would never be weary to do all he could for the propagation of the protestant religion , and suppression of popery , but the manner and form they were to remit to his care and providence , who could best consider of times and seasons ; but his care of religion must be such as on the one part he must not by the hot persecution of our recusants at home , irritate foreign princes of a contrary religion , and teach them a way to plague the protestants in their dominions , with whom he daily interceeded , and at that time principally for ease to them of our profession that live under them . and in the th year of his reign , in a speech which he made in parliament , declared to the lords and commons , that it was true that at times , for reasons best known to himself , he did not so fully put laws in execution against recusants ; but did wink and connive at some things which might have hindred more weighty affairs . but he did never in all his treaties agree to any thing , to the overthrow and dissolution of those laws , but had in all a chief care of the preservation of that truth which he ever professed ; for as it was a good horseman's part not always to use his spurs , and keep strait the reins ; but sometime to suffer the reins to be more remiss : so it was the part of a wise king , and his age and experience in government had informed him sometimes to quicken the laws with executions , and at other times upon just occasions to be more remiss : but as god shall judge him , he never thought or meant , nor ever in any word expressed any thing that savoured of it , and prayed them to root out jealousies , which were the greatest weeds in their garden . for certainly to consiseate two parts of three of a papist's lands , or disinherit the next heir , if bred up in that religion , can never amount to the avail of protestants in transilvania , hungary , bohemia , silesia , moravia , poland , upper or lower austria , piedmont , flanders , brabant , and the rest of the belgick provinces , nor under those which were united and confederate , the hause-towns , bearne , and some other of the cantons of switzerland , and the bad enough already used multitudes of huguenots in france . nor can the persecution or destroying of the greater part of the protestants beyond the seas , to gratifie the humerous pretences , and causeless fears of the more imprudent , and lesser part of the protestants of england , be by any rule of right reason adjudged to be for the protestant interest . and upon the like advice and reason may our fears of any invasion upon our properties and just rights disappear , and vanish as soon as they shall with any eye of judgment be but looked upon ; nor will ever be able to endure the touchstone of truth , when our liberties are so impregnable , and fortified by very many of our good laws and liberties , and by our magna charta , and charters de foresta , more than thirty times confirmed by acts of parliament for those great charters were never singly or by themselves so many times confirmed by acts of parliament . when by that excellent law and charter freely granted in the ninth year of the reign of king hen. . no freeman may be taken or imprisoned , or be disseised of his freehold liberties or free customs , be outlawed or exiled , or in any manner destroyed , but by the lawful judgment of his peers , or by the law of the land ; no man shall be amerced for a small fault , or if for a greater , saving to him his contenement , and a merchant saving to him his merchandize , earls and barons shall not be amerced but by their peers ; the king will not sell , deny , or defer any man either justice or right ; no man of the church shall be amerced , after the quantity of his spiritual benefit ; but after the quantity of his lay-tenement , and the quantity of his offence , and a villain shall not be amerced , but saving his wainage , and that all things done to the contrary shall be void . sureties or pledges shall not be charged for any debts of the king , if the debtor hath goods and chattels to pay the debt , and is ready to pay . none shall be distreined for more service than is due . common pleas shall not follow the king 's court. those that do commit redisseisin shall be imprisoned , and not delivered without special commandment of the king , and shall make fine to the king for the trespass . by an act of parliament made in the third year of king edward the first , none shall be attached by any occasion , nor fore-judged of life or limb , nor his lands , tenements , goods , or chattels seised into the king's hands , against the form of the great charter , and the law of the land. no city , burrough , or town , nor any man shall be amerced without reasonable cause , and according to the quantity of his trespass ; that is to say , every freeman saving his free-hold , and merchant saving his merchandize ; a villain saving his gainure , and that by his or their peers . by an act of parliament made in the th year of his reign . the king will take no aids or prizes , but by the common consent of the realm , saving the ancient aids and prizes due and accustomed . aids and taxes granted to the king , shall not be taken for a custom . no officer of the king by themselves , or any other , shall maintain pleas , suits or matters hanging in the king's court , for lands , tenements , or other things to have any part or profit thereof . there shall be no disturbance of free elections by face of arms , malice , or otherwise . by the statute called articuli super chartas , made in the th year of the reign of the aforesaid king , there shall be chosen in every shire by the commonalty of the same shire , three substantial men , knights , or other lawful , wise , and well-disposed persons , who shall be justices sworn and assigned by the kings letters patents under the great seal , to hear and determine where before no remedy was at the common law , such plaints as shall be made upon all those that do commit , or offend against any point contained in the great charter , or charter of the forrest , which were ordained to be proclaimed at four several quarters of the year in full county in every year , in every county , and to hear the plaints as well within the franchises as without , and from day to day without allowing any the delays which be allowed by the common law ; and to punish by imprisonment , ransom or amercement according to the trespass . no common pleas shall be holden in the exchequer contrary to the form of the great charter , the marshal of the king's house shall not hold plea of free-hold , debt , covenant , or contract made betwixt the king's people , but only of trespasses done within the verge , and contracts made by one servant of the house with another . the chancellor and justices of the king's bench shall follow the king ; so that he may at all times have near unto him some that be learned in the laws , which be able duly to order all such matters as shall come unto the court at all times when need shall require . no writ that toucheth the common law shall go forth under any of the petit seals . by an act of parliament made in the th year of the reign of the aforesaid king , nothing shall be purveyed to the king without the owners assent . by an act of parliament made in the reign of the said king , no tallage or aids shall be taken or levyed by the king , or his heirs within the realm , without the good will and assent of the arch-bishops , bishops , earls , barons , knights , burgesses , and other freemen of the land. by an act of parliament made in the first year of the reign of king edward the third . aids granted to the king , shall be taxed after the old manner . by an act of parliament made in the second year of the reign of the aforesaid king , no commandment under the king's seal shall disturb or delay justice . no bishops temporalty shall be seized without good cause . justices of assize shall in their sessions enquire of the demeanour of sheriffs , escheators , bailiffs , and other officers , and punish the offenders . no person shall be pardoned for an utlary after judgment without agreement with the plaintiff , or outlawed before judgment , until he do yield his body to prison . by an act of parliament made in the th year of the said king , it was assented , established , and order'd , that delays and errors in judgments in other courts , shall be redressed in parliament by a prelate , earls , and barons ; who by good advice of the chancellor , treasurer , and justices of the one bench and the other , and of the king's council , as they shall think convenient , shall proceed to make a good accord and judgment . and that the chancellor . treasurer , keeper of the privy seal , justices of the one bench and the other , chancellor and barons of the exchequer , and justices assigned ; and all that shall intermeddle in the said places under them , shall by the advice of the said arch-bishop , earls , and barons , make an oath well and truly to serve the king and his people ; and by the advice of the said prelate , earls and barons , to increase or diminish , when need shall be , the number of the said ministers , and from time to time when officers shall be newly put in , cause them to be sworn in like manner . a declaration by act of parliament made in the th year of the said king's reign . what offences shall be adjudged treason , and if any other case supposed treason not therein specified , shall happen before any justices , they shall tarry without going to judgment of the person until the cause be shewed , and declared before the king and his parliament , whether it ought to be judged treason , or other felony . by an act of parliament made in the same year , no person shall be compelled to make any loans to the king , or charged with any benevolence . none shall be condemned upon suggestion , imprisoned , nor put out of his free-hold , nor his franchises without presentment , but by the law of the land , or by process made by writ original at the common law , nor that none shall be sent out of the franchise or free-hold , unless he be duly brought to answer , and fore-judged by course of the law , and any thing done to the contrary , shall be holden for none . by an act of parliament made in the th year of the reign of king richard the second . none shall enter into lands where it is not lawful , or with force , under the pain of imprisonment , and ransom at the king 's will. a penalty is to be inflicted upon a clerk of the exchequer , which maketh out process for a debt discharged . by the statutes of the fifth and fifteenth of king richard the second , where lands or tenements are entred and deteined by force , the next justice of the peace is impow'red to view the force , and by the power of the sheriff and county to remove it , and imprison the offenders ; and by the statute of th of h. . whether it be entred by force , or it be continued and not entred by force , may by a jury impannel'd , and their verdict , if the deteiner hath not been three years before in quiet possession , reseise the said lands and tenements , and put the party ejected into his former possession . a man impleaded in the exchequer , shall be received by himself , or any other to plead his discharge . by an act of parliament made in the th year of the aforesaid king , the chancellor , treasurer , keeper of the privy seal , steward of the king's house , the king's chamberlain , clerk of the rolls , justices of the one bench and the other , barons of the exchequer , and all that shall be called to ordain or make justices of peace , sheriffs , escheators , customers , comptrollers , or any other officer or minister of the king , shall be firmly sworn that they shall not make justices of peace , sheriffs , escheators , customers , comptroller , or any other officer or minister of the king , for any gift or brocage , favour or affection . by an act of parliament made in the th year of the said king's reign , he that will that swear he oweth nothing to the king , shall be discharged , no bonds or recognizances shall be taken for the king's debts . by an act of parliament made in the second year of king henry the fourth , an assize shall be maintainable against the king 's patentee of lands without any title found for the king by inquisition . by an act of parliament made in the th year of the reign of the aforesaid king , a special assize shall be maintainable against a disseisor by force . riots , routs , and unlawful assemblies are forbid , by a statute made in the th year of the aforesaid king's reign , and the justices of peace near adjoyning impowred to hear and determine the offences ; and if they cannot are to certifie the king and his council thereof . by an act of parliament made in the second year of the reign of king henry the th commissions are to be from time to time awarded to inquire of the defaults of the justices of peace , justices of the assize , sheriffs and under-sheriffs , in not suppressing and punishing the same . by an act of parliament made in the first year of king richard the third . the justices of peace may let prisoners to mainprize , that are arrested or imprisoned for light suspition of felony or by malice , and no sheriff or other officer shall seize the goods of a prisoner until he be attainted . by an act of parliament made in the th year of the reign of king henry the eighth , a jury convicted of giving a false verdict , if it be for any thing demanded above the value of forty pounds , and concerneth not the jeopardy of a man's life , shall forfeit twenty pounds a piece , the one half to the king , and the other to the party that will sue for the same , and five pounds a piece ; if the thing demanded be under the value of twenty pounds , and every one of them in the one case , and the other make fine , and ransom by the discretion of the judges , before whom such false verdict was given , never after be of any credence , nor their oaths accepted in any court. by an act of parliament made in the year of the said king , wrongful disseifin shall be no dissent in law , except the disseisor shall have been five years in quiet possession without entry or continual claim of those who have lawful title thereunto . the barons of the exchequer are by an act of parliament made in the th year of the aforesaid king , authorized by bills of equity in the exchequer chamber , to acquit , discharge , or moderate all recognizances , debts , detinues , trespasses , wastes , deceipts , defaults , contempts and forfeitures , ( treasons , murders , felonies , rights , titles and interest , as well of inheritance as free-hold only excepted ) according to equity and good conscience . by an act of parliament made in the th and th year of the reign of king edward the sixth , great penalties were laid upon those that should buy or sell offices concerning the administration of justice , or any offices belonging to the king , all contracts , bonds , promises . covenants , and bargains to be void , both as to the buyer and seller , and the taker of any gift or promise to forfeit his nomination and interest therein . by an act of parliament made in the th year of the reign of queen elizabeth , three proclamations shall be made in every action personal where an exigent is awarded , and the defendant before the allowance of any writ of error or reversal of the utlary , shall be bound to answer the plaintiff , and satisfie the condemnation . by an act of parliament made in the th year of the reign of the aforesaid queen , every sheriff , under-sheriff , or other person making any warrant for the summons , arrest , or attaching of any person or their goods , to appear in any of the courts of westminster , or procuring it without original writ or process to warrant the same , being convicted thereof , shall be imprisoned without bail or mainprize , until they shall have paid the party grieved ten pounds , with all his other damages , and twenty pounds a piece for their offence to the queen , and ( for the avoiding of vexatious actions ) where any recovery is had for debt or damages for less than forty shillings , or not above , no more costs shall be awarded by the judge , than the debt or damages recovered . and by the law writs of habeas corpus una cum die & causa captionis , are granted by the courts of king's-bench or common pleas ; when any are imprisoned by the king , or any other without cause shewed to be bailed if the cause shall not appear to be just and legal . and if any man imprison any of the king's subjects without just cause , or enter upon , or take away any of their estates against the tenor of our magna charta , and charta forestae , and many of our other excellent laws and reasonable customs , he may , although it be by the king's command , if not legal be punished for the same . and our magna charta and liberties are so bulwarked and fortified , as every man may have reason enough to be assured , that the people of england and wales cannot upon any emergencies and violations of laws , want relief or redress . when the justices in eyre instituted by king henry the second to ride their circuits until they were by king edward the third changed into those of assizes , who in their vernal and autumnal circuits , carrying the king's justice , and care of it , into every shire and county of england and wales , to prevent as much as might be their travels and expences , to seek it farther from home , did amongst many other articles and matters concerning the king and his people , give in charge to the grand juries of the several cities and counties of their circuits , which were men of good estates , knowledge , experience and concerns sworn to present what they should be charged to inquire of ; and direct them to inquire and present false weights and measures , lands seized into the king's hands which ought not to be seized , or being ordered to be restored were not , of those that were amerced without reasonable cause , and not according to the offence , or by their peers , without a saving to their contenement ; a merchant without a saving to him his merchandize , and a villain without saving his waynage , and not by the oaths of good and lawful men of the neighborhood ; if any earls and barons were amerced but by their peers , and after the manner of their offences ; and if any man of the church be amerced , otherwise than according to his lay-tenement , and after the quantity of his offence , and by the statute of marleborough , made in the one and fiftieth year of king henry the third , of all other the breaches of the laws and liberties granted by magna charta , and the charter of the forrest , and other articles and matters to be inquired of , given unto them in writing , and upon their oaths to answer distinctly what they did know affirmatively or negatively . when the judges of the court of king's bench , who do yet retain the power of justices in eyre , do in every easter and michaelmas term , by a select grand jury of the county of middlesex , cause an enquiry to be made ( although it were to be wished it might be after the antient manner by articles delivered unto them in writing , to be distinctly answered unto ) offences committed against the king , and his crown and dignity , of all confederacies , champerties , maintenance , trespasses , extortions and grievances done to the king's subjects , by any arch-bishops , bishops , dukes , earls , barons , servants , officers , coroners , and ministers of the king , or by any other whatsoever , of breach of the peace , denying of bail on those who ought to be bailed , and of all manner of oppressions and grievances of the people . when the numerous justices of peace in every county , being as too many of them baronets , serjeants , and men of law , knights , elquires , and gentlemen of good quality , families , estates and education , are sworn and imployed not only to be guardians and conservators of the peace of the king and his people , to suppress felonies , riots , and the lower and most common sort of exorbitancies and misdemeanors , but to take care of the execution of many laws and statutes committed to their trust , and with the method and order appointed by our laws and ancient and reasonable customs of presenting an inquiry of grievances by our many court-leets , sheriffs , tournes , and county courts , subordinate one under the other to the superiour courts of westminster , and they unto their supream authority , the king. it will be the peoples own fault , and neglect of their own concernments ; if any grievances or oppression pass undiscernable , uncomplained of , or unpunished , or if any arbitrary power or extravagances do invade or break in upon the nation , who by the fence and care of our laws , and many times confirmed liberties , which for more than years last past , have been building , repairing , and polishing to a perfection more than the hebrew , greek , or roman laws did ever attain unto ( the laws which god himself made for that peculiar people only excepted . ) and may , if by our sins and provocations of god almighty , the inspector of our unparallel'd misdeeds , and punisher of them , when his wrath shall be kindled , and have no longer patience , the walls of our happiness shall not be demolished , our liberties put to the sword , and our laws led into captivity , be as safe as humane prudence , and laws can possibly make them . more especially when our courts of justice at westminster-hall , are governed by judges and men of great wisdom and integrity , sworn to observe the laws , and judge according to their direction ; and our lawyers at the bars freely permitted with fitting reference rightly to inform and plead their clients cases . and the king 's high court of chancery , the officina justiriae , under the teste me ipso , of the watchman under god of our israel , superintending over them giveth writs remedial to all that ask for them with helps for extraordinary emergencies , or to allay the severity of laws , and makes it its business to punish and forbid frauds and oppressions . the masters of chancery annually stipended by the king formare brevia originalia remedialia , and to be assistants subordinately to that high and honourable court in matters of accompt and references . the rule of chancery being ever since the statute of westm ' the second made in the th year of the reign of king edward the first , quod nullus recedat à cancellaria sine remedio & concordent clerici , and the officers and clerks of the chancery thereunto appointed , are from time to time to do their utmost endeavours to provide remedies for all that complain , nè justitia deficeret conquerentibus . and as to lesser matters of complaints , and often emergencies , pensioneth by good yearly salaries , learned and venerable men of worth , called masters of requests , or supplicationum & libellorum who by turns and courses each master , being deputed to his month , have their audience twice or oftener in that time of the king , to give answers to their petitions . and the king in matters wherein any of his rights , and what appertaineth unto him are concerned , gives his people leave by petition , or monstrans du droit traverses oustre les mames , &c. to obtain what they can prove to be due unto them , and where any of his letters patents are grievous and against the law , suffers them to be repealed by writs of scire facias brought against the patentees . and if any of the people should be so unhappy in the intrigues or difficulties of their cases , as they cannot be relieved by any of those provided remedies from any supposed arbitrary power of their prince , or any illegal oppressing actions of one subject against another , they have the liberty of appeals from the inferior courts of justice , to the superior , and in matters concerning breach of the peace , and of misdemeanors within the cognisance of the justices of peace , may appeal from them to the justices of assize , and from them to the king and his chancellor , or lord keeper , of the great seal of england ; and if not by any of those ways to be relieved , are in cases ( not concerning free-hold ) not debarred their appeals to the king , and his privy council , where they are , the king himself being very often present , judiciously and deliberately heard upon all the pleas and arguments which the councel learned in the law on both sides , can make one against the other . and remedies also against all the assaults of grievances , are not difficult to be come at in the ecclesiastical courts , and courts of admiralty , where when the subjects complaints cannot be remedied , they do easily obtain the king's commission of delegates to other judges , and if that do not answer their expectations , may have a commission of adjuncts to other judges to be added unto them . and in these or other courts where the potency of the one part , and the poverty of the other , hath disabled the weaker , from attending the formalities of justice , or croud of many other causes , he may have a commission ob lites dirimendas , granted by the king out of his high court of chancery , to some good and wise men to endeavor as much as they can a more speedy remedy . the dermier resort last appeal & ultimum refugium of the people in their seeking for justice , being so necessarily inherent in the crown , as none but they that wear it , can justly claim any right unto it , but have always been enjoyed not only by our british , saxon , and danish kings before the norman conquest , but all our kings which succeeded them . and if there they find no help , are like enough , if therebe cause of justice in their complaints not to fail of relief by petition to the king , when he is assisted with the advice of his lords and commons in parliament . all which , with many other laws and reasonable customs , priviledges and liberties , like so many cittadels , block-houses , out-works , and strong castles and forts , which divers of our ancient and reasonable customs , and acts of parliament have in the making of other laws from time to time been careful upon all occasions to erect and build , to help to guard and protect their liberties , rights and priviledges , together with the very great care which the judges restraining all non obstantes of acts of parliament , and regal dispensations unto what the law allows , or to the king 's particular concernments , do take in all their judgments and decisions , expositions , applications and interpretations of laws to assist and support the just rights and proprieties of the subjects in their lands and estates , and not in the least to prejudice them in their common assurances by fines and common recoveries . the severity used by divers of our kings in the punishment of briberies , extortions or byassed and illegal flattering opinions of judges . the oaths of the lords and others of the king 's privy council , who are usually the greatest , noble , and most concerned men of estate and interest of the nation . oath of the lord chancellor or lord keeper of the great seal of england , well and truly to serve the king and his people , and to do right to all manner of people according to the law and usages of the realm . oaths of the judges to do equal law and execution of right to all the king's subjects , rich and poor , without having regard to any person , to deny no man common right by the king's letters , nor none other mans , nor for none other cause . oaths of the king's serjeants at law , well and truly to serve him and his people , and as duly and hastily speed such matters as any man shall have against the king in the law , as they may lawfully do without delay , or tarrying the party for his lawful process . the oaths of other serjeants at law , well and truly to serve the king and his people , and truly counsel them . oaths of the justices of peace to do equal right to the poor , as to the rich ; after the laws and customs of the realm and statutes thereof made . oaths of the sheriffs to do right to poor as well as rich , in all that belongeth to their office , to disturb no man's right ; nor to do wrong to any man. and the oaths of the escheators , clerks of the chancery , and coroners , with the oaths of the officers of courts , under-sheriffs and bailiffs , well and to execute justice . all which several degrees of men in the nation would be as unwilling as any others to have the lives , liberties , and estates of themselves and their posterities or dearest relations , sacrificed to a lawless and unlimitted power of their kings and princes . and the oaths of our kings at their several coronations to conserve the liberties of the people , and observe all the good laws made by their royal progenitors and predecessors , with the impossibility that ever the lords and commons in parliament assembled , will consent to the abrogating of any of the aforesaid laws and reasonable customs , be felones de se , or deliver up themselves and their posterities to the absolute will and pleasure of their succeeding kings and princes may abundantly evidence how safely and securely the property and liberties of the people , until rebellion , foolishly fancied fears and jealousies with their discords , distrust and plundering of one another , shall put them under such another yoke as oliver cromwell had cheated them into , may rest , and are like inviolably to continue for ever , protected against any the incroachments of arbitrary power , whilst they live under their king 's ancient government . of which his late majesty was so careful and so willing to dislodge all manner of jealousies out of the minds of his subjects , as he did in the third year of his reign , give his royal assent , as they call'd it , unto their petition of right , and made it an act of parliament , wherein he not only confirmed their magna charta , and charta forestoe ; but the act of parliament assented unto by king edward the first de tallagio non concedendo : the act of parliament made in the first year of the reign of king edward the third , cap. . the act of parliament made in the th year of the reign of the aforesaid king , that no man should be compelled to make any loans to the king against his will. the statutes of the e. . ca. . e. . ca. . e. . ca. . e. . ca. . r. . ca. . r. . ca. . and r. . ca. . charged all his officers and ministers to serve him according to the laws and statutes of the realm , as they tendered the honour of his majesty , and the prosperity of the kingdom . banished as he hoped for ever all their fears of the infringing of their liberties , and given cause of content to them and that parliament , to such a satiety , such a fulness , and nè plus ultra , as unless they would have been consortes imperii , and require to have a share in his regality and government ; there was no more to be asked or requested of him , or granted by him . imprisoned shortly after in the tower of london , john earl of clare , and the greatly learned selden , for but having copies in their custody of some florentine and foreign laws and customs proposed by sir robert dudley , a titular duke of tuscany , to be imitated by him here in england , as a means to raise money by impositions laid upon the people , and caused his attorney general to exhibit a bill against them in the star-chamber for disquieting his subjects with fears and jealousies . and was so ready from time to time to condescend to their infirmities , and give satisfaction to them in all their concerns and scruples , as he suffered those two great cases of the habeas corpus , and the ship money wherein his necessary prerogative , for the good of himself and his people , was not a little concerned , to be publickly and solemnly argued in the course and method of the laws in foro contradictorio before the judges , and shewed no displeasure afterwards , but much kindness unto justice hutton , and justice croke , who in the case of the ship money had in their arguments and opinions delivered thereupon against him in the exchequer chamber , dissented from all the rest and greater number of the judges . and his now royal majesty treading the good old paths of queen elizabeth , his grandfather king james , and his royal father , doth in all matters of difficulty in the absence of parliaments , where the laws and justice of the nation are likely to be more than ordinarily concerned , consult and advise with the judges , hath not long ago superseded one of them for some harsh usage , and discontent given to the countrey in his circuits , and takes all the care he can to choose and make judges , and his learned council at the law out of the most able , honest , experienced , and eminent practisers of it , and hath but lately in several of his speeches in parliament declared and promised , that he would give his consent unto any good laws which should be by them desired for the further securing of their religion , liberties , and properties , and not long ago answered private and particular persons of ordinary quality , petitioning him for right to be done unto them in matters of law , and some of his own concernments , that god forbid , but his people should have liberty to demand right of him , as well as against any of their fellow subjects . they therefore who do over-busie themselves in the carrying about the buz of false and incertain rumours , and the dreadful imaginations of an arbitrary and lawless power , which may be hoped will never happen , nor be able if any should desire it to attack and demolish those impregnable fortresses , which our laws right reason long continued good and reasonable customs of england , have built and provided against it . and do make such lamentable outcries and exclamations against arbitrary power before it happens , or they can perceive any likelihood of it , and in their ill-tutor'd logick would persuade themselves and others it is so ; because they are pleased to fancy it is possible it may be so , and cannot be quiet , but do think themselves ill used , if they may not be permitted like the andabatoe to fight with their own shadows , and be not a little commended , magnified , and accompted good patriots for it . blench at every thing , turn their follies into all kinds of fears and jealousies , and so strongly fancy them as if they were actually upon them , and will not be persuaded but the king will deliver us up to popery and arbitrary power , and to that end the king of france hath viewed and sounded our ports and havens , and with great armies is ready to invade , destroy , or make slaves of us and our generations . but may do better to give some respite to those their needless affrights , and pausing a while sit down and consider , what greater assurance his now majesty , could give to his subjects , or they desire , than what he declar'd in his speech to the house of commons in march , ? gentlemen , i hear and am very solicitous , i thank you for it , since i presume it proceeds from a good root of piety and devotion ; but i must tell you , i have the worst luck in the world , if after all the reproaches of being a papist when i was abroad , i am suspected of being a presbyterian now i am come home ; i know you will not take it unkindly , if i tell you that i am as zealous for the church of england , as any of you can be , and am as much in love with the book of common-prayer as you can wish , and have prejudice enough to those that do not love it ; and do as much desire to see an uniformity setled as any amongst you ; i pray you trust me in that affair . in the year . tells them , i do assure you upon my word , and i pray you believe me , that i have no other thoughts or design in my heart , but to make you all happy in the support of the religion and laws established . in the same year , when they brought him a bill for the repeal of the act of parliament to exclude the bishops out of the house of peers ; he said , i thank you with all my heart , indeed as much as i can do for any thing , for the repeal of that act : it was an unhappy act in an unhappy time , passed with many unhappy circumstances , and attended with miserable events ; and therefore i do again thank you for repealing of it , you have thereby restored parliaments to their primitive institutions . in his speech unto both houses in anno . said , that he would conclude with this assurance , that i will preserve the true protestant religion , and the church as it is now establish'd in this kingdom , and in the whole course of the dissenters , i do not intend that it shall any ways prejudice the church ; but i will support its rights and its full power . in january . said , if there be any thing else which you think wanting to secure religion , there is nothing which you shall reasonably propose , but i shall be ready to receive it . in april . said , the principal end of his calling the parliament now , is to know what you think may be yet wanting to the security of religion , and to give my self the satisfaction of having done the utmost of my endeavours . in february . said to both houses of his parliament , i declare my self very plainly unto you , that i am prepar'd to give you all the satisfaction and security in the great concern of the protestant religion , as it is establish'd in the church of england , that shall reasonably be ask'd , or can consist with christian prudence . march . i do give you this assurance , that i will with my life defend both the protestant religion , and the laws of this kingdom . in january . if there be any thing you think wanting to secure property , there is nothing which you shall reasonably propose , but i shall be ready to receive it . febr. . . said to his two houses of parliament , i do declare my self freely , that i am ready to gratifie you in a further security of your liberty and property ( if you can think you want it ) by as many good laws as you shall propose , and as can consist with the safety of the government , without which , there will neither be liberty nor property left unto any man. and let all men judge who is most for arbitrary government , they that foment such differences as tend to dissolve all parliaments ; or i , that would preserve this and all parliaments from being made useless by such dissolutions . and remember that there was a time not long ago , when the phanatick party , who at this time are too great a part of england , and some of the presbyterians were not in the heretofore justly stiled the long and rebellious part of a parliament so much afraid of arbitrary government as now they do seem to be . when in that long and unhappy misnamed parliament they procured to be voted down as many as they could of their soveraign's rights , methods , and means of government in an ancient and well established monarchy , overturned peerage , episcopacy , tenures , and many other of our fundamental laws , warranted by the laws of god and this nation , and as if they feared that rebellion , raising of armies , and chacing and fighting against their pious and religious king , who never gave them any cause for it ( if any cause at all can ever be assigned , or able to justifie rebellion ) should not be sin enough , made all the hast they could to add sacriledge unto it , and placed in themselves an arbitrary and boundless authority over him , unto whom they had sworn an allegiance due to superiority , trampled upon all their fellow subjects , plundered , sequestred , and did all they could to perjure the loyal part of them , destroyed the privileges of parliament , suffered some of their own members to be pulled out of the house of commons , and imprisoned by soldiers and red-coats ( one whereof was by his own confession an irish popish priest ) and by the assistance of their over-pow'ring army , voted down , suppressed , and shut up the house of peers , as useless and dangerous , inforced themselves into a republick and the nation , who by the laws of god and the king , and their oaths of allegiance and supremacy , were bound as well as themselves to the contrary , to ingage never more to admit of a king and house of lords , and in some of their answers to their brethren of scotland , who urged and taxed them with some of their promises concerning his late majesty , said that they hoped they would not make their promises to be obligations . and in their declaration printed and published to give satisfaction to all the world , that would believe them of the reasons of their actions ; and turning themselves into a common-wealth , endeavoured to assert that in all promises a tacite condition and proviso was ever to be understood as annexed unto them , so always that they did not prejudice or inconvenience the party promising . and forgetting that they had prosecuted the late earl of strafford , and caused him to be put to death , upon a pretence of his subversion of laws , which he never did , but they themselves really and frequently did , murdered their king , banished his now majesty the prince , and the rest of his children , and used their utmost endeavors to extirpate all the royal progeny , scorned and abused the laws , tumbled , tossed and ploughed up the liberties , proprieties and estates of the loyal party , and made some ignotos and invisible ( they themselves never knew ) and who were less to be understood than king oberon and his fairy queen , to be stiled the keepers of the liberties of england , voted the courts of chancery , king's-bench , common pleas , and exchequer to be dissolved , and ordered the records thereof to be destroyed and thrown into the river of thames , and were not all that while in dread of any arbitrary power , and a standing army , when to the great charge of the people they could not think themselves safe without it . but tamely suffered oliver cromwel , their man of sin and greatest of hypocrites to put a trick upon them , and teach them the truth and doctrine of divine retalliation by dissolving the reliques of the over-long parliament , pulling out the remaining members with soldiers and musquettiers , and shutting up the doors of that house of commons , and could for the preservation of their ill-gotten estates , like isachar , bow down unto the burden , and be well content to believe it to be no violation of the privileges of parliament , no arbitrary power or introduction to it , nor any destruction of the liberties of the people , and suffer him upon the th of december . in the presence of the commanders and officers of his army , attended by the miscalled lords commissioners of the pretended great seal of england , lord mayor and aldermen of the city of london , divers of the over awed judges of the land , and many other persons , said to be of quality , to declare himself by an instrument in writing of his own framing , protector of the common-wealth of england , scotland , and ireland ; disannul and abrogate the antient form of parliaments , constitute a new , and ordain that the persons elected to be members for ever afterwards should be approved by the major part of his council , and the succeeding protectors ; who were most of them major generals and commanders in his standing army of oppressors : that an yearly revenue should be raised , settled , and established for the maintaining of ten thousand horse and dragoons , and twenty thousand foot in england , scotland , and ireland , for the defence and security thereof ; and a convenient number of ships for guarding of the seas ; besides two hundred thousand pounds per annum , for defraying the other necessary charges and expences of the government . which revenues were to be raised by the customs , and such other ways and means as should be agreed upon by him and his council . that the lands , tenements , rents , royalties , jurisdictions , and hereditaments , which remained unsold and undisposed by acts or ordinances of parliament belonging to the common-wealth ( except the forests and chases , and the honors and mannors appertaining thereunto ) the lands of the rebels in ireland , and the four counties of dublin , cork , kildare , and caterlaugh ; the lands forfeited by the people of scotland in the late wars , and the lands of papists and delinquents in england , who had not then compounded , should together with the debts , fines , issues , amerciaments , penalties , and profits certain and casual , due to the keepers of the liberties of england by authority of parliament , be vested in the lord protector and his successors lord protectors of the aforesaid nations , not to be aliened but by consent of parliament ; which made him no less an yearly revenue , as some of his own party did calculate it then eighteen hundred thousand pounds sterling , per annum . that for the preventing of disorders and dangers which might fall out both at sea and land , he should have power until the meeting of the first parliament ( which was to be once in every three years ) to raise money for the purposes aforesaid . and to make laws and ordinances for the peace and welfare of these nations , which should be binding and in force until order should be taken in parliament concerning the same . that the exercise of the chief magistrate , and the administration of the government over the said countries and dominions should be in the lord protector , assisted with a council not exceeding twenty one , or less than thirteen . that he should in the intervals of parliament , dispose and order the militia and forces of the three nations for the peace and good thereof , with the advice and consent of the major part of his council . that the number of elected and chosen or approved as aforesaid ( being easie enough to be tempted by preferment , or over-awed by a standing army ) should be deemed a parliament for the three kingdoms of england , scotland , and ireland ; that he and every successive lord protector , should take an oath that he would not violate or infringe the matters and things contained in that instrument of government . and when afterwards to prevent the juries scruples of conscience and unwillingness to give their verdicts against the law , and the king 's loyal party , as he would have them , erected in westminster-hall his high court of justice , or shambles , as some of the people not unfitly termed it , adorned with red and blood-demonstrating colours , to try and condemn such innocent persons as he should call offenders ; not according to the law , but the unbounded rules of his vulgar reason of state , guided by a standing army of horse and foot , baffled and disgraced the laws and reasonable customs of england , maimed and cut off as much as he could of it , as adonizedek did the thumbs and toes of his captive kings ; altered and destroyed all he could the form and rationality of the proceedings thereof , and caused the writs and pleadings , form and frame thereof to be translated , and only used in the english language , on purpose and with a design to abrogate them , and make way for a new fabrick and engine of laws , for the establishing of his intended absolute manner of arbitrary government ; encouraged and pensioned mr. white a profest papist , and mr. hobbs , men of great learning , which might have been better imployed , to write and publish books to vindicate and justifie the necessity of an absolute power in supreme magistracy ; and others to write and publish their unsound opinions , that copyhold estates were a badge of the norman slaveries ; that the eldest sons or only daughters in every family had no right to any more than a double portion of their father's real estate ; that university-learning was needless , with a purpose to confiscate their revenues ; and payment of tythes unlawful ; permitted servants to betray and sequester their masters , tenants their landlords , wives their husbands , and children their parents ; only because they were unwilling to be perjured in their new oaths and ingagements , or wretchedly willing to forsake their loyalty and the laws of god and the kingdom ; suffered his illiterate commanders to threaten to pull the gowns from off the lawyers backs , and publickly to declare , that it would never be well until their gowns were like the colours taken from their subdued scots brethren hung up in westminster-hall ; made his major generals governors in several provinces , who abusing and domineering over the laws , imprisoned men without cause , and suffered the nobility of england to stand bare and uncovered before them , and to be arrested and drag'd in the streets by bailiffs and catchpoles for debt , when they had nothing left to pay them ; prohibited , ejected orthodox ministers to bring actions at law for recovery of their rights ; and all others to demand or seek to recover at law their debts or other rights , by any actions or suits in law or equity , unless they took the aforesaid engagement against the king and house of lords ; tired and almost starved with tricks and delays , the poor deprived ministers wives and children of their fifth part of the profits of their husbands and fathers benefices , which they seemed to allow unto them ; gave a considerable yearly salary duly paid to lilly the fooling and cozening astrologer , to foretel in his state as well as weather almanacks , good or bad events , to lacquy after his accursed designs , and positively assert by his pretended intimacy with the stars , that in such a year before his majestie 's happy restauration , prince rupert , who god be thanked is yet living , was certainly to be hanged . constituted a house composed of his army commanders , and some other of his nymrods and deputy-oppressors , many whereof had been formerly well instructed in the arts of coblers , draymen , and bodies-making , &c. and instead of an house of peers , called it the other house . and when mr. coney a london merchant , being imprisoned against the law without a cause shewn , had brought his habeas corpus to be bailed , sent mr. maynard , mr. twisden , and mr. wadham wyndham his lawyers , prisoners to the tower of london ; for pleading for him , and the liberties of the people ; and called our magna charta , magna farta ; prohibited all lawyers to plead for any of the sequestred orthodox ministry , that would not crouch under , and kiss the rod of their persecution . many notwithstanding of those better now than they were before informed members of that over long and unhappy parliament , and continued to be members of parliament through all the changes ; from thence to oliver , and from oliver to his son dick , seemed not then to be out of love with those new authorities or over turning rota's of government , laws , and liberties . and too many of the gaining and phanatick party , who might have foreseen the dismal apprehensions of an approaching arbitrary power , had in the days of oliver and his son mr. richard so little a dread , or were not so much afraid of it ( when they had reason to have been a great deal more ) as they being no small gainers by it rejoyced in it , thought themselves happily placed in the blessed land of canaan , and conducted into it by the hand of heaven , and singing a magnificat to oliver , and a requiem to themselves , and their chosen posterity , could be at no rest until they had obtained declarations out of many counties and cities , subscribed by the most considerable men of their rebellious and sacrilegious party , and caused them to be printed and delivered unto his counterfeit highness , with solemn addresses upon their knees , and other actions of veneration , by some of their most active accomplices ; wherein they stiled oliver , moses and joshua ; made up his praises with almost blasphemy , and prayed for the continuance of his care for their protection , and as they called it the publick good ; and were after his death as busie with the like adoration ; several solemn declarations , addresses and thanksgivings to his son richard's ridiculous parcel of highness . wherefore they who were then so willing to bow their necks under the hard galling iron yoke , which a long parliament by colour of a false authority , assistance of a standing army , and a rebel brewer had put upon them . and to take arms against their own happiness , and betray their own good laws , liberties , privileges and customs to usurpers , which were so unparallel'd , as the devil with a pair of spectacles cannot upon the most malicious and exactest search , find any nation under heaven so happy and blessed as england hath been , in the security of their liberties , properties and privileges , since the beginning of the reign of king henry the first , thorough the reigns of all our succeeding kings ; who upon the least appearance or complaints of grievances , either as to particulars or generals , rarò contingentibus ; or but feared or likely to happen , never denied good laws and remedies to their people , as all our law-books , year-books , reports of cases , adjudged parliament rolls , and books of statutes will abundantly testifie ; may with shame and horror of so foul and grand ingratitude recall to their remembrance , that they that were the disciples of the late wars and usurpations , and gainers by the ruin and misery of this , and two other kingdoms , by their arts and power of cheating and haring their fellow subjects out of their loyalty , religion , estates , laws , and liberties . could be well contented to receive of his majesty after his return from his distresses , not only a pardon ( unto all , but a few excepted ) of their great and many offences and misdeeds , after that he had by several acts of parliament unfornicated or unadulterated the wives and husbands , and legitimated the children of those that were mis-married , and taken away the errors of their illegal proceedings and judgments , and recoveries had at law , in the time of their many years abominable rebellion ; but the greatest acquital of money , arrears , and forfeitures due unto him , amounting unto many millions sterling , that ever any people of england had and received of any of their kings and princes at once , with an addition afterwards of another pardon or abolition of a lesser size , for offences and forfeitures since committed , and did not only restore unto all the cities , boroughs , and corporations of england and wales , their forfeited charters , privileges , and liberties ; but enlarged and gave unto many of them , more than they had before . and was so unwilling to punish those that had done him and his royal father , mother , brothers , & sisters , those almost impossible to be forgotten or forgiven most execrable villanies , as he not only pardoned , but gave them profitable employments : who to their shame cozened him all they could and moulded themselves into a faction of repeating as many impieties as they had been guilty of before , and was so over clement and forgiving , as he imployed , and did not punish one that was proved to have said after his majestie 's escape from the battel of worcester , that if he had been taken , he ought to have been stripped stark naked , led through the streets with a bridle thrust through an hole bored in his nose , whipped at a carts tail , and afterwards hanged . are not to be very angry , or take it ill if they be charged with partiality or injustice ; or as great a reproach as our blessed saviour bestowed upon the over-quick-sighted fault-finding pharisee , who could espy a mote ( as he thought in another's eye , but not see a beam in his own ) but rather retire into themselves ; and upon a more strict examination of their past evil actions , abhor themselves in dust and ashes , cover their heads with shame , weep , repent , and resolve to walk retrograde , and persist no more in the gain-saying of corah , datham , and abiram ; wherein they perished . when they who would make every body as much afraid as they themselves , do seem to fear an inclination in his majesty to an arbitrary power , which he never did , or is willing to exercise , can almost every day joyn with others in complaints of the no few of the subordinate magistrates , usurping it against the mind and direction of the king and his laws over their fellow subjects , by their irregular courses ; condemning , and many times imprisoning without jury , trial , legal hearing , or proceedings . and easily discern an yearly custom of an illegally over-strained power in the lord maiors of london ; electing and drinking unto many or more than needs , in the choice of two to be sheriffs of london and middlesex for the ensuing year ; and imposing and taking great fines of the refusers , unto whom he needed not to have drank , whereby to gain some thousands of pounds yearly for the fines of such as were unwilling or unfit to bear the charge or expence of those offices , and imprison and constrain them to pay them ; which are seldom less than or l. upon every such refuser . as if some fatal and successive annual , or fit of thirst , or kind drinking , was at a certain time of every year to fall upon the lord maiors of that city to drink more often , and unto more than he should do . and they that shall happen to be so imposed upon , are sure to be out of hopes of getting themselves discharged of imprisonment , for not paying the fine by writs of habeas corpus and bail ; which if the king should do every year in the choice of three presented unto him to serve as sheriffs in all other counties and places of england and wales , ( no other city or place therein making use of such a kind and loving device to raise moneys ) the habeas corpora bells would ring in all the courts of justice in westminster-hall ; and his majesty would be troubled with the noise thereof . and no small arbitrary power in their courts of orphants in london , by imprisoning a young man in newgate without bail or mainprise , that had lawfully married a city orphant , and his father in like manner for contriving it . and we may often hear and observe in the guilds , fraternities , and companies of trade , and their mysteries in the city of london , an almost unbounded over absolute power in their by-laws , which should be perused ( as it is more than a little probable they are not , or but very seldom or cursorily ) by the lord chancellor , or lord keeper of the great seal of england , lord treasurer , and the two lord chief justices , and allowed by them or any three of them , to be according to the law ; together with their giving of unlawful oaths , imposing of taxes , quarteridges , or fines and assessements as they please upon the poorer sort of the companies of trades , supernumerating their livery men in their companies , in making them to be twice as many as they were wont to be , and inforcing them to pay or l. a man , and be at the charge of a reverend gown faced with furrs of foynes or budge ; and imprison men for not obeying them and their grinding superfluous orders . the exactions and arbitrary power of the church-officers in the city of london , and its overgrown suburb parishes , in the renting of pews and seats in the churches ; making strangers pay great and double fees for tolling the passing bell , and ringing of a peal , when there was no such matters ; taking great fees for burying of the dead in the church or chancel ; near an husband , wife , father or mother , brother or sister , where before they have lain there a quarter of a year , or a little time , they are sure to be taken up again , and flung into a common vault , to lodge amongst those that were buried far cheaper , conniving at , or permitting the parish clerks , sextons , or grave-makers to sell the broken and sometimes pillaged coffins of the dead to be made fewel for fire or bake-houses , cozening the living and dead , feasting and fatning themselves upon every small consultation and parish meeting , for the good as they call it , or little business of the parish ; as for the putting out a bastard or foundling , or poor parish child to a beggar to beg with , and trouble the streets withal at a low weekly rate , and take the advantage to themselves of reckoning by a greater , which have been the cause of such short memories in parish politicks and governments , as the accompt of a legacy of three hundred pounds per annum , as they may be now demised , in houses and tenements in a london suburb parish , for as many hundred years ago , for the building of the church yet standing upon its old ruins , is so vanished as it is not at all to be found , and a royal charity of one hundred and twenty pounds given in the year . by king charles the martyr in a time of pestilence , could never be heard of , and the church wardens or collectors of a near london parish have been so over-watched for the good of the parish , and thereby rendred so sleepy or lethargick , as they could not good people as they would be thought to be , tell which way one thousand or two thousand pounds have escaped out of the accompt , and the fault must be charged more upon the want of honesty than arithmetick . and may be found as greatly mistaken in their no seldom parish annual legacies , communion charities , or otherwise ; and in their taxes or yearly collections for the poor , which in some out-parishes near london , have amounted unto two thousand pounds per annum , and many times several hundred pounds per annum in lesser parishes ; and yet the poor pester the streets , and complain of their parish-starving weekly allowances , when houses of forty pounds per annum therein , are by a constant yearly tax burdened with sixteen shillings per annum , to be quarterly paid towards the relief of the poor ; though many charities , and the yearly improved rents of lands assigned thereunto , ought to have lessened it , or by their taxing or laying heavy burdens upon such as shall disoblige them or withdraw their custom from their shops , taverns , or ale-houses , or to ease a friend , or any that can make a perswading application unto them , or to charge one man more heavily than he should be to ease another that might better bear it , will adventure to convert the monies given for the setting up , or seeking young tradesmen to their own use , or of their own children , son-in-laws or kindred , and making their wives jointures of lands given to charitable uses , which they cannot tell how to be ill done in regard of that often misguiding , and misapplied , saying , that charity beginneth at home ; take five shillings at a time out of the dish or bason of the money given to the poor at the receiving of the sacrament , to satisfie a wicked church-warden for his attendance ; and as much sometimes in the gathering of money or benevolence for the lecturer , who might have saved that money if he had preached them into better consciences ; as when after a long attendance they are to pay a charitable guift for the marriage of poor maid-servants , or to such of that sort as have served one master or mistress in that parish for such a number of years , do think the devil will not be friends with them , if by some lye or pretence as that the rents of the lands are fallen , a tenant broke or insolvent , they do not drive them to take a pittance , or scarce half of what is due ; and howsoever must give a release or receipt for the whole : to the end that all may be reckoned , when a great deal less was paid . and do think that they have as great an authority under colour of publick good , not at all , or but little intended , to grind and do what they please , and with as much extravagancy in many of their illegal orders and doings within the small compass of their little dominions , as if all the rest of the parish were only of the tribe of issachar . and every city , borough , and corporation in england and wales , will not think themselves furnished with arbitrary power , sufficient by their charters , unless by their by-laws and subordinate rules of government , they can have some out leaps and incursions , and inforce their inhabitants to an obedience of their many times unjustifiable orders , fines , and assessements . the companies of trade in london , whose charters and incorporations were granted for the better ordering and governing of an honest and regular way of trading , with a conscionable and reasonable gain ; not to spoil and falsifie the manufactures of the kingdom , and enhaunce the price thereof , are not to suffer tricks to be plaid with it to deceive and abuse the people . the drapers cannot produce a charter , or an allowance from god or man , to cause their cloth to be stretched or tenter'd , to make yards ; and when a new created trade called a cloth-drawer shall have hid , and cunningly dearn'd up the holes or cracks in it by a device of hot-pressing it so slick and smooth it , as it shall feel and look rather like silk than cloth , sell it for , or s. per yard ; which if it were not so misused and made to be almost old before the taylor can have shapt it into a shute of apparel , would be worth but or s. per yard . and it is more than an arbitrary lawless power for a goldsmith to melt down as much heavy money as he can come at into silver plate ; and sell tobacco and powder-boxes , staff handles , pomels of swords , cup-handles , and most of the smaller pieces of plate in the kingdom , of drossy silver , not half the value of sterling , and prove them to be toucht or markt for sterling , when it will not be worth half the money they do sell it for ; fill rings by an imperceptible hole with powder of copper , and make the buyer pay for pure gold , when it is for a great part no such matter . insomuch as a great part of the plate of the nation is now so much abased , as it is not half the value it should be . it is a more than arbitrary and illegal power in the vintners , who besides the great adulteration of the wines beyond the seas before they come hither , will have the assistance of the wine-coopers to unwholsom them with arsenick in the sack , and many other unhealthful mixtures in their other wines , and by that , and the vintner and his drawer's deputy-conjurations , can to please the humour of the customers , fit him out of half a dozen small vessels or bottles , and laugh as they say in their sleeves , ( and perhaps the drawer may get a sixpence into the bargain ) for drawing it so specially to think how neatly they are cozened ; howsoever the rate must be what they shall set , tho' the king and his privy council do often put a price upon their wines ; yet if the more honest drinkers will not pay the vintner's own exacted rate , for that which is good they must take the bad enough to poison a dog. and if some fall sick upon it , as many have lately done and dye , by no great quantity moderately drank of it , that shall never disturb the conscience of the vintner , who thinks it for the publick good , that he in a short time hath from a poor tavern-boy made himself worth l. or l. and his wife the mistress of a pearl neck-lace ( not counterfeit , as his wines were ) of a great value . and makes no doubt but although he repent and come into the vineyard of the almighty at a late , or but the eleventh hour , he shall not go without his peny , and if he purchase an hospital , or some other charitable uses , and leave it in trust with as honest an one as himself , it will do the business . the brewers cannot believe their trade can subsist without the aid of an unjustifiable arbitrary power , who though they be allowed by the king , and excused for the excise of three barrels of beer in every score , and steals as much as they can notwithstanding of the duty of the excise from the king and his officers ; and the housekeeper pays the excise for all that he takes of him . yet from his beer ( though mault , coal , and hops be never so cheap ) or ale , the best must be taken off , and the remainder being only water half boiled flung upon the strengthless grains is sent and served to the house-keeper for s. beer with the excise laid upon it , and made to be a drink not fit to give beasts , quickly stinking and souring , and by the opinion of the london physitians is a great , if not an only cause of the epidemick and now more than formerly infection or disease called the scurvy , not so much as heretofore taken notice of in the bills of mortality , and that beer though always over-hopped and imbittered , to supply the want of mault , the people are constrained to be content with ; and if they will have it better , are to pay eight shillings a barrel besides the excise , for that which should be but six . all which , or a great part of it , might by the justice and laws of the nation be redressed , if the vintners , who by a late trick of glass bottles , now used in most taverns , bespoken and made to be but or not so much as a pint and an half , instead of a quart ; and their elder brethren the brewers were but put in mind as they ought to be of the statute entituled assisa panis & cervisiae , made in the year of the reign of king henry the third . and another statute made by that king in the same year called the statute of the pillory and tumbrell , both yet in force and unrepealed , whereby the offenders , vintners , brewers , and bakers , are to be presented and amerced ; and for every default , the baker is to be adjudged to the pillory ; and the brewer and vintner to the tumbrell , which was as it were in a ducking-stool ( now sometimes used over cleaner waters , and applied to notorious scolding and unquiet women ) hanging over some muddy and unwholesome water , being the punishment of the fossa or stinking pits , appropriate by the grants of divers of our kings to the lords or owners of great mannors or liberties , having assisas panis & cervisiae . which ill doings of the brewers in their unconscionable and unchristian-like arbitrary power , exercised as far as it can be stretched upon their fellow subjects , are imitated by the alehouse keepers , the inferior and retailing masters of the tap ; who would never have it be said or proved , that they come short of their founders great abilities in the arts or knaveries of the drink profession , or any of their subtilties or exactions . and therefore to make it go with a double , at the least rate or price , or much more than it should be , have to cheat and cozen the people in to an idle and ridiculous expence , devised several names for drinks , as they shall please to call them , though there be little or nothing of the supposed ingredients in them ; as cock ale , college ale , china ale , scurvygrass ale , lymmon or orange beer or ale , hull ale , northdown ale , sambach ale , doctor butler's ale , cum multis al●●s ; for which adoptions , sundry of those promoters of drunkenness do think they shall serve the devil for nothing , if they be not paid a double or greater rate ; and by that means and those measures , make a shift to clear four pounds a week , and put it to griping usury , and in a short time make themselves the owners of or l. per annum , and some of them or l. per 〈◊〉 : and in their ale-honesty can take no less in the suburbs of london than a peny for a pint of ale , when in southwark on the other side of the thames , better brewed and made can be sold for an half-peny a pint. the woodmongers or colliers can leap over all our laws as they list ; and by confederacy keep back the collier new castle fleet , and make them tarry in the lower part of the river of thames , and send up to london some stragling cole-ships to scarce and enhaunce the price of coles ; insomuch , as until his majesty after many complaints , and a tired patience , had taken away their charter , they would at every extraordinary frost or winterly weather , never fail to raise the rates of sea coles in the space of a few days , or less than a week , unto , , or s. at a time , and sometimes as high as or l. a chaldron , to the great affliction and impoverishment of the poorer sort of people ; when they might as they have done since the taking away of their charter , have afforded a chaldron of coles with gain enough under s. a chaldron . neither need we to have any jury or inquest impannelled in the search of an arbitrary power , daily made use of in the city of london and suburbs thereof by the people over one another , the mighty over the weak , and the rich over the poor . and the usurer and man of money , when he takes as much above the legal interest , for the loan of his money , as the necessities of the distressed borrowers can perswade him unto , and upon the severity of an execution , or a forfeited mortgage of lands double or treble in value to the money lent , looks as nebuchadonozer , overlook'd his babylon , walks about like a mogul , or some unlimited monarch of the east , and as pittiless to the supplication of the lamenting supplicant borrower , and the tears of his wife and children , as the hunger-bitten woolf is with the lamb under his bloody paws and fangs ; in company of whom do march , the insinuating imp of the devil called the tallyman , with his closer and more consumptive secretly biting usury , lending eighteen shillings to market-men and women heglers , &c. such as cry necessary food in the streets , instead of s. upon the tally and their own security , at the interest and rate of d. duely paid every week , although continued at that pace a year together , being a cunning piece of usury , far exceeding that of the jews ; who in the reign of our king richard the first , were by the common people massacred , and the caursini the pope's brokers banish'd by king henry the third , for much gentler usuries followed by that of the lesser pinching money - improvers , who will lend l. for no longer than a month , and at that or every months end , call fiercely to have it paid in , to beget the former or a greater brocage . when all the trades of london and westminster , and their largely overbuilt suburbs , can by an unreasonable and arbitrary power to maintain their unfitting pride and luxury , impose and put what price they please upon their work and commodities , and not a few do upon every occasion or opportunity of their interest and advantage break and run over our magna charta , and other the laws and statutes of the kingdom . and when they trust their customers , without which there would be little or no trade , do when such buyers dream nothing of it , clap an hard interest into the price ; and if need be , in writing over their books again , make where it may be undiscernable an addition unto it . the mercers can order their silks and stuffs to be made slight and little lasting , and half yard broad , when it should be a greater measure ; and every month of may or summer season put a nick-name , or some cabalisiical or utopian devised word upon it to make the buyers give the more ; and be fond of it . and since our times of mad-mens contriving reformations , and opening the passage to all manner of tricks of trade and deceits ; there is in every week a meeting of most of the bigger sort of retailing trades in london and westminster , where they do agree their prices for some good part of time afterwards , and bind one another in bonds not to sell under ; and in the mean time take more than ordinary care to give the manufacture-men but half the wages which they gave them weekly before , whereby to ingage them to make it slight and leave the more room or liberty for the seller to lye and swear the commodity to an higher price . which makes the stationers sell not only their paper at an higher rate than formerly ; but so ill made , as either it will not bear ink , or must be as stiff , hard and uneasie to write upon , as if it were a board , and requires a pen of iron or steel , rather than the usual pens to write upon it ; and the parchments so ill dressed , as makes that which shall be written upon either that or paper , to be so little permanent and lasting , as all our memorials so written , are not likely to last or endure legible or years after in the largest expectation . the london mealman will not think himself in any way of hopes of gaining , or to be a master of his parish , if he do not bespeak or calculate a famine by an ill weather , or some mischance like to happen to corn and grain for the ensuing year , and will therefore hasten to take advantage of it by raising it d or d in a peck , and not keep any proportion betwixt the rise of the market , and that which he takes of as many as he can perswade to give it ; and having once raised his price , holds it as long as he can at the same pitch , though the markets were long before fallen , and in the course of his trade tricks , notwithstanding mingleth chalk , bean and rye flower amongst that which he sels to his deluded customers for pure wheaten . the lord maiors of london , that have by our king's indulgence and charters many annual profits and perquisites , by and out of provisions for food brought thither on purpose to take care that it should be wholsom , and the lord maiors and justices of peace that are by the statutes of e. . ca. . r. . ca. . and e. . ca. . impowered and obliged to assesse the price of victuals , and the gain of victuallers ; and to punish such as do not sell at reasonable prices , with respect had to what is sold in places adjoining ; should not permit the clerks of the markets to suffer unwholsome food nor butter made and mixed with curds , which will taint or stink in two or three days to be sold there ; nor a trade to be set up of buying barrels of salt butter , carrying it home and washing it , and mingling it with other butter , bring it again the next market-day dished up , and sold for sweet but ter at double the price . and it would be well if the lord maior of london and his brethren would take more care than they do to purge that city of arbitrary power in the manage of trade , when there is nothing to be bought either for food or raiment , but is adulterated , sophisticated , or cheated in the price or substance , not a liquid thing without undue mixtures , nor of any other nature without deceit in the quantity or quality thereof ; so as not so much a pins , needles , and thread can escape it ; though there be a city argus , or man imployed in the keeping of the knife at leaden-hall , to cut all such ill-tanned leather as shall be brought thither to be sold ; and is to make shoes and boots for most part of the adjacent counties , as well as london : matters are so handled betwixt the dim-sighted knife , the tanner and the currier , that by the tanner's not allowing a due proportion of bark , or time of his leather lying in the tan-pit , the leather of the shoes and boots is not half tanned , and keeps out wet or water little better than brown paper , which must not be a little prejudicial to the health of the english nation ; who use not to walk with sandals on their feet in countries almost fryed or toasted with the sun , but in moist and foggy airs , where rheums , coughs , and colds are and may be very obnoxious to their health . and when these and other trades have in no better a manner gained great estates , and enrich'd and perswaded themselves that their special pleas ; that it was their trade . secondly , that they must live . thirdly , their master or father did so before them . and fourthly , that if they did not do it , others would do it ; will protect and carry them thorough the dangers of the next life , will use so little charity in this , as they can themselves by a lawless power , in the way either of their malice or oppression , cause others to be arrested and imprisoned for some months or years to the ruin of the suffering party , by illegally demised fictitious writs for many thousand pounds , when there was not so many thousand shillings or groats , and sometimes nothing at all due unto them . and against all law and right reason , make their friends , if any will be so ventrous as to be bail for them , to be charged with all other debts , to which they were not bail ; if the creditors do in the same term declare against them . and at the same time make heavy complaints against the king , or any of his servants or officers of his court , when they shall be but for some days or weeks restrained of their liberty by the command or warrant of the king or his council , for contempts or misdemeanors well deserving to be punished , and in all their discourses make hue and cry against arbitrary power , and a design of introducing it by the king and his council ; when they might see and understand that there is no such matter . and could well enough perceive that the very many great and importunate necessities and disbursements , which daily thronged in upon his majesty since his happy restauration , for the defence and preservation of himself and his people , and the repairing and setting up again of a battered and dispoiled monarchy , were not able to perswade him to lay aside the goodness and gentleness of his nature , or to call for those dues which the law had since those acts of general abolition and pardon afforded him , although in the midst of those pressing necessities , and very great want of money , which daily importuning and calling upon him did greatly distress and disturb as well his mind as affairs ; he was after his happy restauration unavoidably enforced to pay many great sums of money owing by him in foreign parts , and the time of his troubles . great arrears owing by oliver cromwel to the seamen and land forces to calm and pacifie them . lost great sums of money in the assessing and collecting of the subsidies , poll money , and assessements . hath been at great charges in procuring his plundered and lost houshold-stuff , hangings , plates , and pictures , and the redemption of the crown jewels ; a great part of which were by his royal father in his wars and calamities , pawned at amsterdam . granted eight thousand pounds per annum of the crown revenue to george duke of albemarle , and the heirs males of his body , who was so happily instrumental in his restauration . four thousand pounds per annum upon the like accompt to the earl of sandwich in fee or fee-tail . sixty thousand pounds given to the distressed cavalier party that sought for him and his royal father ; besides other great gifts and pensions to not a few of his subjects , either necessitated by suffering for him and his royal father , or craving what they could of him , or to sweeten , allure , and keep in quiet the schismatical , rebellious , and contrary parties . expended much money in repairing his if not almost ruined yet much deformed and defaced houses and palaces , replenishing of his parks , stores , and magazines ; building of his house at greenwich , with an expence of house-keeping and bounty more than ordinary at his return and coming into england ; with the charge of diet for the dukes of york and gloucester , and the princess of orange and their families , more than formerly chargeable by reason of the want of his purveyance . in the payment of l. to the old farmers of the customs charged upon ireland more than that kingdoms yearly revenue , and their parliamentary aids given by them amounted unto . the abatement of some of his customs to advance the fishing trade . of his chimney or hearth-money in london , and some of the suburbs thereof for seven years , in relief of those that suffered by the burning of london ; made and ordained several helpful acts of parliament for the rebuilding of it . gave great sums of money out of his customs towards the relief of the captives at algier . was at great charges in keeping and fortifying of dunkirk , until the quitting thereof . and of the garrison and making the mole at tangier , and some of his customs assigned to defray the charges of repairing the peer or port of dover . adventures in the guiny and royal company . two hundred and twenty thousand pounds per annum , necessary yearly charges for the maintenance of his life-guards foot and horse ; besides many other great charges in the raising and disbanding of forces to defend himself and the kingdom against intestine plots , seditions , and a threatning invasion from abroad . of building of many great ships , and frigots ; and making of forts in england , ireland , and scotland . in magazines , stores , and provision for shipping ammunition , ordnance , gunpowder , &c. of procuring the bishop of munster to make a diversive war upon the dutch. charges and expences of the former dutch war , and his navy of an hundred great ships and men of war in several years and summers , every single ship in its victualling pay and ammunition ; being as chargeable as two regiments of foot in an army well victualled and paid . payment of an unreasonable and racking interest , to borrow and procure money , and relieve his not easily to be satisfied necessitous and weather-beaten court and servants . charges in the collecting the chimney money , and the losses and defalcations in the excise-revenue in the late great plague , and dismal fire at london , and defalcations to the farmers of the customs for their losses by the want of trade in the time of the dutch war. an allowance or imposition upon every chaldron of coals for a certain number of years , towards the rebuilding of st. paul's cathedral , and other churches in london . two years revenue of divers rents of houses near london allowed to the queen mothers servants after her death ; all the delinquents estates who were greatly instrumental in the murder of his royal father , given to the duke of york for his support ; together with the profits of the admiralty , wine-licences , and a great part of the yearly benefit by the post-office . with many other necessary regal expences . and being since his most happy restauration to himself , but most of all to his oppressed subjects , who were thereby delivered out of a like to be perpetual bondage and vassalage of their own framing , from which otherwise they could never have redeemed themselves , and being kind and gracious to as many as he could of his suffering party , and willing to perswade those that had been altogether instrumental , and causers of his own and his loyal subjects miseries , to follow their example , gave their never to be satisfied rapines , and godless greediness too many of the imployments , places , farms and offices under him ; can notwithstanding with samuel justly say , whose ox , or whose ass have i unjustly taken away ; whom have i defrauded , or whom have i oppressed ? which if right be done unto him , should not be gainsaid by his borrowing of the banker's money , when they had sent it into his exchequer at an high and unreasonable interest , and making use of it to furnish out his navy , in or against the approaching spring , when the ingrateful dutch , having heaped their abuses and injuries upon him and the nation , were as confident as the philistins were in the case of the children of israel , when there was not a spear or sword in israel ; that he could have no means or money by the frowardness and discords of some opiniatrées and state-reformers , to furnish out his fleet to prevent their designs of persisting in their disgracing and domineering over him ; the trade of the nation abroad , and affronting and mastering of him at home . and in the doing thereof he was necessitate necessitatum , driven by an unavoidable and extreme necessity , more than that which perswaded david to take the shew bread from off the altar to preserve the publick in himself , and himself in the publick ; from a fatal and otherwise utter ruine , and loss of the soveraignty of our brittish seas , and the guard and benefits thereof justly claimed and vindicated by his royal progenitors and predecessors , and at no time before in so much danger of loosing . for his after-actions and cares of repayment may evidence that he intended neither any wrong or injustice to the bankers , or the owners of it ; in that he not only made a provision to pay them the interest until he could be able to pay them the principal ; but did all he could , if his daily and publick occasions had not prevented him to pay the principal , which he long ere this had accomplished , had not the war by the haughtiness , malice and insolence of the dutch , often and very much decryed by the sweeds and other nations who were the mediators for peace at cologne , emboldened by our home divisions , and want of supplies , lengthened it self beyond all expectation . and hath notwithstanding in the interim by his protections royal , and many other cares taken , done as much as he could to keep the bankers from arrests , imprisonments , and other ruines impendant often happening and falling upon men indebted . although if reports and the laments of some that were concerned be not much mistaken , a great part of that money was belonging to many of his own servants ; who by his bounty and places of profit under him , had easily gained it ; and many of those who so heavily complained of that detention of their moneys had for their own advantages , intrusted it to the bankers , who by an imaginary credit far exceeding their own estates , furnishing one man with another man's money , and paying out that which was but the same day or a little before come in , had inticed a great part of the money of the nation into their hands . and some , if not many of the owners , did well enough understand that they did not only furnish them and their credits , upon all emergent occasions of profit or accommodation , by that kind of alluring much of the money of the nation into their custody ; but his majesty also at an high and intollerable usury , which if a strict enquiry were made by his majesty , or order of parliament of the particular owners of the money brought into the exchequer by the bankers , and from thence borrowed and made use of by his majesty upon his publick and most urgent affairs , would plainly appear . and it will be as manifest , that he afterwards gave no respite to his royal cares and intentions of repaying it with the legal or as much interest as the bankers were to pay for it . and finding that the fee farm rents amounting unto seventy thousand pounds per annum , sold at sixteen years purchase , which nothing but a grand necessity could enforce him to alien ; for that many of them being the tenths , were by two several acts of parliament annexed to the imperial crown of england , for the maintenance thereof , and were as so many ties and obligations , which made the owners of these lands to be dependant upon the crown , would not reach to a satisfaction of his other debts and expences ; which having been longer due , were more importunate than those of the bankers , did lately in a speech to the lords and commons in parliament , make it his earnest request that they would take the necessity and speedy payment of the bankers into their considerations . and when nothing of help could be obtain'd for that purpose , did by his letters patents under his great seal , with great difficulty and hardship , order a part of his burdened revenue to be assigned for the due and orderly payment of the interest until the principal moneys should be justly satisfied and paid . so as his doings therein , or making use of that money , if impartially and judiciously weighed in the ballance of truth and judgment is not to be called a seizure , or forcible taking of the bankers money , or to be ranked either as to the necessity , or the thing it self , or the number of the persons concerned with what king edward the first , a wise and prudent prince did do , when he in the year of his reign seized into his hands upon occasion of supplying the publick necessities , all the wools in the kingdom as the merchants were lading them in the ports , giving them security for payment at his own rates , and a long day , and a short price , and transported them to his own best and readiest sale ; and at another time upon a like necessity , seized all the pope's moneys , which had been collected for him by the clergy of england , amounting to very great sums of money towards the wars of the holy land ; gave protections to those that had the custody of it , and retain'd and made use of it for his then pressing publick affairs two years and more , notwithstanding that the pope had in the mean time sent unto him then hugely formidable threatning bulls , and letters for it . or the like done by king edward the third in the th year of his reign with all the tynne , or with what king henry the th did by way of purveyance of great store of grain and corn , and transporting it into gascony , where it was very dear , or by queen elizabeth of a great deal of beer transported and sold to her use beyond the seas , and by defraying a great part of the charges of her wars in ireland , with moneys coined of tynne , with a promise to make a satisfaction for it ; with moneys made of silver , which was justly performed by her and king james her learned successor . concerning all which matters , fears , and jealousies , i can be confident your sentiments and mine will so little disagree , as your judgment of the ages past , and observations of the rise and progress of our late troubles and miseries which brought the greatest shame and scandal to the protestant religion , profest in england and scotland , that ever it had or could have laid upon it ; and cast an unhappy reflection upon those that were in the parts beyond the seas ; will not refuse me your company in the opinion of a truth so experimented , that the fruit of all those artifices , rather than any just cause of any such fears or apprehensions have yielded no better effects than the ruine and confusion of the former glory and honour of our nation , by setting up a rebellious part of the people , the offspring , as to some of their levelling principles , of wat tiler , and jack cade to undo and rule over the better sort of the people , and the poor to plunder and rob the rich. and that therefore they which have been the cause of so many mischiefs and evils which their and our seri nepotes will have reason enough bitterly to bewail , and without god's great mercy will scarcely live to see eradicated , ought better to consult their conscience ; the precepts and examples of wisdom , salus populi , interest of the kingdom , and honour of the king and nation , and abandoning their former follies , and false lights which led them and their partakers into so great sins , and made them to be the causes of so many national miseries , not run themselves and others into the fear of one or two incertain evils ; but an hundred which will be most certain , and can never be recalled . and i cannot but assure my self , that you will be ready to conclude with me , that there is no rational or just cause of fear that we can have by any infection contracted from the now laws and manner of government of france , under his most christian majesty . ( for until their civil and intestine wars and ill usage of charles the fifth , and charles the seventh their kings , in their greatest distresses , that nation had liberties more than at present they have , or are likely to enjoy . ) and that our league with the french may as little prejudice us and our laws and liberties as it did those of the dutch , when they were in the strictest alliance or confederacy with them . for no man can be so transported out of himself , as to believe that a neighborhood or a league for civil and other respects , can work any prejudice to the religion , laws , and liberties of the subjects of either prince or state , not granted away or contracted for by such leagues , when every days experience declares the contrary ; for otherwise the poles , whose king is elective , and their laws so very much obliging him , as he cannot alter the freedom and constitutions of the peoples liberties would be in danger of the mahometan extravagancies of power to be brought in upon them , when their kings have made any leagues with the turks or grand seignior , and the sweedish nation in fear of their elective king 's introducing the vast and unruly power of the muscovite , whose subjects being under a mighty awe , ignorance and enforced obedience ; have no more to answer when any state-affairs are enquired of them , than that god and the great duke do only know it . insomuch as the provocation of the dutch being so great , and the vindication of the honour of the king , trade of the nation , safety of the people , and soveraignty of the sea so necessary , as a war with them could not be avoided . there was no other either visible or possible means to manage it with prudence or success , than by the making of the league with france , who had pretences of his own to joyn with ours . in regard that land-armies and forces were not able alone to bring them to good terms , without the assistance and aid of a great and mighty navy at sea , which might be able to overcome and beat them in that which was their greatest strength , without which it would have been impossible for the english or french joyntly or seperately ever to have forced them to reason . the king of spain , who would heretofore have been glad of such a part'ner , as the english to help to subdue those his formerly truly accompted rebels of the united provinces , who by the help of the english and french , had in a war of almost sixty years together done him so very much wrong , and many mischiefs , was then become so jealous of the growing greatness of france , as he found it to be his interest to assist those that had so greatly damnified him , and were no other than his hogen mogen rebels . the swede and danes greatly concerned in their trade , and the profit and gain which they daily received by them in the baltick sea , would not joyn in any war against them , and if they would have been willing , were at too great a distance , and the forcing of passage would have been as difficult and dangerous as it would have been chargeable , and the like might have been said of the elector of brandenburgh , who was in league , amity , and interest with them , and the most part of the other german princes , being of small power , far off , and inconsiderable , who might not make war with any members of the empire ( as the dutch being part of the lower circle of burgundy were ) without the approbation of the emperor and their diets , and the charge and little success of hiring the bishop of munster to raise forces whereby to make a diversion and incumbrance upon them in our former wars , with them , had taught us what little good , and at how great an expence that design effected . and it is well known that an army for the intended recovery of the palatinate , was in the th year of the reign of king james by an able and select council of war , and the approbation of the parliament , then thought not to be sufficient with the aid of the dutch in their provisions , and passage under the number of foot , and horse ; and the charge of l. to furnish them with necessaries . and when afterwards count mansfeild a second hannibal , and one of the greatest captains of his time in christendom , had with foot , and horse levied here , and encouraged by k. james and the parliament ; some promised aids from france , and some other states and princes undertook to regain that wasted countrey of the palatinate , ship'd his men , and was at sea with them , the king of france's denying their landing at calice , and promised passage ; and the province or states of zealand , when he attempted to land his men upon their coasts , making a like refusal , the pestilence and flux whilst they were at sea penn'd up , and almost stifled in the ships , killed two parts in three of them , and the remaining third part mouldring away , that action and all the design , hopes , charges , and endeavours of it miscarried and came to nothing . and certainly the english war with the dutch petitioned for by the parliament , put and carried on with so much reason of state , and by so many very important necessities , might claim to be as well allowed to be without any detriment to the interest of the protestant religion , as other wars betwixt protestants heretofore , have been upon civil accompts and controversies . the dutch upon a pretence of their better defending themselves against any attempts or increase of power of the spaniard , their then enemy , did take and keep wesell , and some towns in the dutchies of cleve and juliers , and other frontier towns belonging to the elector of brandenburgh , a protestant prince , the justice whereof hath not yet been understood by the learned in politicks and affairs of state , were not incumbred with any accusation of weakening the protestant religion , and it must needs remain a problem never to be determined , but put upon the file of eternity , what can be the reason that oliver cromwell and his party of regicide rebels about the year . upon far less provocations , should so chearfully be aided and assisted in his maritine wars with the hollanders , until he beat them into a peace and acknowledgment of the english soveraignty over the brittish seas , enforced upon them the act of navigation , that no commodities transported into england from thence , or of the growth of those countries , or any other neighbour countries should be brought by them but in english bottoms , and made them stink in the nostrils of all nations , and to be guilty of a most horrid ingratitude in the renouncing the prince of orange and his illustrious family , and taking from them those offices and places which they and their ancestors had in their defence so dearly purchased ; and yet his cromwellian power was not at all accused for hurting the protestant religion ; or how our wars with the dutch in the years . and . upon far less provocation should be petitioned for by our merchants , and both houses of parliament , and willingly contributed unto , and not at all believed to be against the protestant religion , and why the war now made upon greater affronts and injuries should be an undermining of the protestant cause , or tend to a subversion of that religion more than it did , than when oliver could league with france , and its politick cardinal mazarine , and set the dane to invade the sweed , and after that to put the sweed upon the dane , on purpose to disenable him from assisting his now majesty , his near allie and kinsman without any prejudice supposed to the protestant religion of either side , and be commended for it . charles the fifth emperor imprisoning the pope , and putting him to a ransom , made him not suspected to be a calvinist or lutheran . lewis the th king of france , a catholick prince , could heretofore make a league with the great gustavus adolphus king of sweeden a protestant , back him with leagues and yearly great sums of money to deplume the roman eagle , and make those glorious feats of arms which he did accomplish to be the ruine and disturbance of many a popish prince , and to be so formidable as to shake the foundations of the house of austria , and the pope and all the partakers of them . the now king of france could for a wrong done by others to his embassadors in the court of rome , make the pope himself submit to the setting up of a pillar of infamy at rome , to be a witness to the world of the indignation of the one , and chastisement of the other ; and hath lately vigorously assisted the now king of sweden against the danes and elector of brandenburgh , being all protestants ; and did not think that he forfeited thereby the title of the most christian king , and a great maintainer of the popish religion , of which and much more which might be said , there may be as many approved examples to be met withal in history , as there may be well digested reasons in order to publick peace and tranquility alleadged for it ; so that they that would criticise , and be over censorious , should if they would be just , whilst they condemn his majestie 's league with france , to be as a strengthening and weighing down of the balance on the popish part , consider that the last king of france did by his league with gustavus king of sweden , so advance the protestant side of the balance , as it endangered all the other side , that the villanies at home against his late majesty , and the setting up of oliver and his league with france , depressing the spaniard , and making france so over-potent , hath ever since turned the balance , and disordered it . and that balances may notwithstanding at other times be rectified and made equilibrious without any damage to the protestant religion , or the various profession of it . which league of his majesty with france , and that active princes power and concurrent interest to enervate the dangerous neighbouring greatness of the dutch overgrown republick , did so little weaken the balance on the protestant part , as the event hath clearly demonstrated it to have been the only means of re-establishing the prince of orange his nephew ( no remote heir to the crowns of england , scotland , and ireland ) and the heirs males of his body in the authority and dignity of stadtholder of the united belgick provinces , generalissimo of all their forces and armies by land , and admiral of their formidable and to a wonder very numerous fleets , of which by the contrivance of cromwell , the profess'd enemy of his majestie 's royal line and family , and his encouragement of the faction of the de wits , he had most ingratefully been deprived ( concerning which there appears not in the petition of the parliament for a war with the dutch , to have been any prospect or design ) and rendred him thereby together with the access of his personal virtues , valour and wisdom ( being not yet of the age of thirty years ) not only the great imitator of his glorious ancestors on the fathers and mothers side , but the probability ( if the over-hazarding of his person doth not shorten the hopeful race and course of his life ) of being the greatest captain of the christian world , an honour of the protestant religion , and the strengthening of it . and it can therefore be no unwholsome advice not to set our own house on fire by needless fears and jealousies as we have done , or make our selves less wise than the seditious rabble of rome , who by the wisdom of menenius agrippa , were charmed into a pacification and quiet of spirits by the fable or apologue of the mutiny of the members of the body against the belly or paunch , which could not be altogether so perillous as ours would be against the head ; for until the laws of god , nature , and nations shall be repealed , and the wiser part of the people who have lived in the habitable world can by any of that party or children of contention , now living be convinced , and brought by any rules of right reason or wisdom to acknowledge , that particulars in a body politick are more to be heeded and taken care of than universals , the lesser part more than the greater , a few more than a multitude , or that in the body natural the heart , liver , lungs , arms , back , belly , legs , bones , sinews , muscles , and ligaments , with hundreds of little parts and particles appertaining to that excellent frame and structure of man's body can subsist , and do well when the head which gives motion and comfort unto all , and the least of them is sick and ruining for want of its necessary support and supply from them in their several offices . we need not be at much pains in the search of reason , that they who do purchase the occasions or advantages of contention , which may in the end , howsoever contenting and profitable it may seem to be in the beginning or pursuit of it , prove to be their own as well as others irrepairable ruine , and do all that they can to disturb and mud the waters that refresh and make glad the valleys of our syon , should justly be accompted to be no wiser in the event , than he who having all his goods in a friend's house , set on fire by some that designed it , and their own benefit ; ( as our neighbour dutch were said to have done in the wars of bohemia ) or by some evil accident , would so much forget his charity and duty to his neighbour , and care of himself , as to refuse to aid or help him , either by water , ladder , buckets or engines , until he should first have called him and his servants to accompt and examination how and where the fire began , by whose negligence or miscarriage ; what method , care and order will be taken to prevent it for the future ; and what security he will or can give , that there shall be no more such an accident hereafter . and whilst he is thus over-running his discretion , and acting his own folly , and new sound politicks , suffer the fire to do what it list , burn the house and all his own goods , as well as those of his friends and neighbours in it . when history and the records , and never enough bewailed experience of times past might have told him , and all that have a mind to imitate such a self-ruining madness , the dire events , and many heavy and remediless calamities which fell upon the over-sparing and cautious constantinopolitans ; who denying their emperor a necessary and fitting aid to defend them as well as himself , made the turks master of all greece , so renowned heretofore for learning , and that city and the riches of it , a twentieth , or a very small part whereof might have disappointed all the tyranny , bondage , and slavery which they have ever since been under , and are according to humane judgement like to continue to the end of the world , in no better a condition . and now that hannibal is ad portas , dangers on all sides encompassing and crowding in upon us , we should neither forsake our selves and good old england , which will surely be worth the saving ; nor so much mistake that which was ever accompted to be reason , wisdom and forecast , as to undervalue the prospect and the cares of prevention , laugh at them as pedantick fopperies , or the dotage of a decrepit world ; and like jonas displeasing his god , fall asleep in the midst of a tempest . but rather make hast to return to our selves , and set before us the wisdom and examples of our ancestors and predecessors , who in the care of themselves and of the private and publick , not separate but joyned together , as well as of their kings and soveraigns , would not be deterred by any statemisfortunes or irregularities , or tempted by their jealousies or fears to suffer themselves , as the members and smaller parts of the body , to languish and be destroyed by neglecting the head , and the security and safety thereof , or by not paying their duty and reverence to their kings , hate and ruine themselves , which in all their discontents and murmurings against their kings and government , the anxieties , or commotions of their minds and passions , or the dispairs which had sometimes seized upon them , they did so much seek to avoid , as they did not refuse them aids in all their wars and troubles domestick and foreign . king henry the second ( who after a very great and general act of resumption of the aliened crown revenue , some whereof had been granted by himself , had discontented many of his great nobility ) when all his sons had rebelled , warred , and taken arms against him , wanted not a supply by escuage from his subjects of england , to reduce them to obedience , and make his wars in france . king richard the first being unfortunately in his return incognito from his warlike and glorious expedition to jerusalem , made prisoner by an unworthy surprize of the duke of austria , and the german emperor , enforced as some of our historians have reported , for his deliverance to invest the former of them , with the superiority of his kingdom of england , by the delivering of his hat unto him ; which the emperor in the presence of divers of the nobility of germany and england , returned unto him to hold the kingdom of him by the annual tribute of fifty thousand pound sterling ; and his brother john usurping the crown in his absence , and plotting with the emperor and the king of france , his mortal enemy to continue him a prisoner during his life ; both laiety and clergy notwithstanding that he had by the perswasion of the clergy more than of the laiety , been ingaged in that very expensive war , did so strain themselves to redeem the person of their king ( the kingdom and people at that time being secure enough from foreign invasions ) as they raised and paid one hundred and fifty thousand marks in pure silver of cologn weight ( then a very great sum of money ) by twenty shillings imposed upon every knights fee , the fourth part of the revenue of the laiety , and the like of the clergy , a tenth of their goods , all or most the chalices and treasure of the church ( being then also not a little ) sold to make up the sum : so as william petit , or newbrigensis , who wrote his book in that time , saith , ferè exmunita pecuniis anglia videretur ; england seemed to be almost emptied of all her money ; and the like courses were held for raising that then great sum of money in all his dominions beyond the seas . king john likewise having resum'd much of his crown-lands , murdered ( as was suspected ) his nephew arthur the right heir to the crown , and thereby forfeited the dutchy of normandy to the king of france , of whom he held it ; and in those many troubles and distresses which were cast upon him by his unruly baronage , constrained to acknowledge to hold his kingdoms of england , and dominion of ireland , of the pope and his successors in fee-farm under the yearly rent of one thousand marks per annum ; charged his earls and barons with the losses which he had sustained in france , fined and made them pay a seventh part of all their goods , had two marks and a half granted unto him by the parliament out of every knight's feé ; and within a year after a thirteenth part of all the moveables and other goods , as well of the clergy , as of the laiety . king henry the third his son , resum'd all the lands alien'd from the crown , had so great troubles entail'd upon him by the contests of his boisterous baronage with his father , as lewis the french king's son was called in by some of them , received their homage , and had london , and a great part of the kingdom delivered up and put into his possession ; but upon better consideration was afterwards sent home again by those that invited him , and the barons of england , having so little accorded with their native king , as several battels were fought betwixt them , in one of which the king himself was taken prisoner , and in another released by the valour of the prince his son , the managers of that rebellion slain , and their multitude of partizans reduced to obedience , being a great part of the kingdom , by their compounding with his commissioners at kenelworth , to give him seven years purchase of the yearly value of their lands , which amounted to a very great sum of money , for a pardon for their offences , and a redemption of their estates ; the subjects and people of this nation did howsoever in order to their own preservation , besides the fifteenth part of all their goods , for his grants of magna charta , and charta forestae , not deny him their aids of scutage , fifteenths , and tenths ; there being scarce a year wherein there was not a parliament , and seldom any parliament without a tax . king edward the first , notwithstanding his writs of quo warranto brought against all the nobility , great men , gentry , and others of england ; cities and burroughs claiming liberties and priviledges , wherein he did put them strictly to prove them either by grant or prescription , seized and confiscated the estates of the earls of gloucester , hereford , and norfolk , men of great might and power ; for their refusing to go and serve him in his wars beyond the seas ; the earl of hereford being constable , and the earl of norfolk earl marshal of england by inheritance . and their mutual rancors and displeasures with the grand contests of them and their parties to procure the statutes of articuli super chartas & de tallagio non concedendo , were not healed without the aids and subsidies of his people . the mis-government and mis-leading of king edward the second by his several favorites peirce gaveston and the spencers , did not hinder him from the supplies of his people . king edward the third , after a fifteenth of the temporalty , a twentieth part of the goods of the cities and burroughs , and a tenth of the clergy granted unto him by parliament in the eighth year of his reign , having consumed much treasure in his wars , made for the kingdom of france , which he claimed as his inheritance ( wherein the english nation , more than for the grandeur and honour of their prince , were not much concerned ; but were jealous until an act or declaration of the king in parliament was procured to the contrary , that the conquest of france might have caused england to have been afterwards dependant upon that greater crown and kingdom ) was notwithstanding the seizure , and taking into his hands the goods and estates of three orders of monks , viz. the lombards , cluniacks , and cistertians , and all the treasure committed to the custody of the churches through england for the holy war , forced to revoke divers assignations made for payment of moneys , though he had received three millions of crowns of gold for the ransom of john king of france , whom his son the black prince had taken prisoner , and was not put to lose any of his honour , friends , estate or interest for want of the necessary assistance of his subjects , who for the maintenance of those and other his wars , were howsoever well content to give him half of the laieties wool , and a whole of the clergies , and at another time the ninth sheaf , the ninth fleece , and ninth lamb for two years ; and after many other taxes and aids granted in several parliaments of his reign , and a commission sent into every shire to enquire of the value of every man's estate ; the treasure of the nation being much exhausted , found the people so willing to undergo that and other burdens which those successful wars had brought upon them , as the ladies and gentlewomen did willingly sacrifice their jewels to the payment of his souldiers . that unfortunate prince richard the second his grandchild , tossed and perplexed with the greatness , ambition and factions of his uncles , and the subtil underminings of john of gaunt , duke of lancaster , the most powerful of them , fatally continued and pursued by henry of bullingbrook his son duke of hereford , was not in all those his distresses so unhappy , but that although the commons in parliament had by their petitions unto him complained , that for want of good redress about his person , and in his houshold and courts , the commons were daily pilled , and nothing defended against the enemy , and that it would shortly undo him and the whole estate ; yet they were so mindful of their soveraign and themselves , as they not only afforded him very great aids and assistances ; but in the fourteenth year of his reign the lords and commons in parliament did pray , that the prerogative of the king and his crown might be kept , and all things done or attempted to the contrary might be redressed ; and that he might be as free as any of his royal progenitors were : and in the fifteenth year of his reign , did in parliament require him , that he would as largely enjoy his prerogative , as any of his progenitors , notwithstanding any statute ; and namely the statute of gloucester , in the time of king edward the third ; the which statute they utterly repealed out of their tender affection to the king. king henry the fourth , fifth , and sixth ; although well understood to have been kings de facto , not de jure , ( for so not seldom have been the pleadings at the law of their acts of parliament ) and although the later of those kings being crowned king of france in his infancy , and in possession of that kingdom , was by his meek and pious rather than prudent government a great part of the cause of the bloody contests betwixt the two houses of york and lancaster , which ruined very many of the nobility and gentry by taking their several parties , and were by their discords the loss of all the kingdom of france , but calice . and that richard duke of york , had in parliament so claimed and wrestled for the crown , as he was declared protector of the kingdom of england , enjoyed notwithstanding the care and good will of their subjects upon all occasions either at home or abroad in times of peace or war , by their contributions of subsidies . king edward the fourth in the brunt and hottest of the long continued bloody contentions of the two great houses and families of york and lancaster , after nine battels won by himself , attested by his surcoat of arms which he wore therein , hung up as a trophy in the cathedral church of st. george at windsor ; and his many struglings with king henry the sixth , and his party , in losing and gaining the crown , again war with france , and compelling the crafty lewis the th the king thereof , to demand a peace , and consent to pay him crowns towards his war , expences , and a tribute of crowns yearly during the life of king edward , notwithstanding that he had in the second year of his reign , sate in a michaelmas term three days together in his court of kings bench , and gathered great sums of money of the people of england , by his privy seal towards his wars with the scots , and in the seventh year of his reign , resumed by act of parliament all the grants which he had made since he took possession of the realm , raised great sums of money by benevolences and penal laws , had in the eighth year of his reign granted him by act of parliament two fifteens and a demy , and in the thirteenth year of his reign , a subsidy towards his wars with france , when the actions , courage , and wisdom of parliaments were so incertain , as there was in the space of half a year one parliament proclaiming king edward an usurper , and king henry a lawful king ; and another proclaiming king edward a lawful king , and king henry an usurper . king henry the seventh , although that he sometimes declared , that he held the crown as won in battel by conquest of king richard the third , and at other times by his better title from the house of york , and his marriage with the lady elizabeth , the daughter of king edward the fourth , and avaritiously took all the ways possible for the enriching of his treasury had divers great aids and subsidies granted unto him by parliament . king henry the eighth , notwithstanding that he had after many great subsidies and aids , both as to the money and manner of collecting it ; granted unto him his heirs and successors by several parliaments ; and the first fruits and tenths of all ecclesiastical promotions and benefices , overturned the then established religion of the kingdom , seized and took into his possession the great yearly revenue of abbies , priories , and nunneries , most of the hospitals and colleges which had been given to religious uses with anathema's ; with as many other dreadful curses and imprecations as the minds of men could imagine to fall upon the violaters thereof , amounting in the then yearly value , unto something more than one hundred and ninety thousand pounds sterling , per annum ; being at a then low and undervalued rate , scarce the th peny of the now since improved yearly value , excluded the founders from their reversions and legal rights thereof ; when the uses unto which they were first ordained should be altered , or otherwise applied , confiscated the very many rich shrines , chalices , plates , copes , jewels , pearls , precious stones , gold and silver , not only found in those religious houses ; but in all the cathedrals and churches in england ; the riches of all which could amount to no less than many millions of money sterling more , if not equal unto the vast and admired reserves and treasures of the venetian republick , or that of many popes provisions , reported to have been laid up in the castle of st. john de angelo at rome , in case of any invasion or war of the turks ; and unhappily wasted , expended , and gave away not only a great part of those immense riches and land revenue , but all the eighteen hundred thousand pounds sterling , which were left him in his father's treasury ; debased some of his gold coin , and made it currant for a greater value than in truth it would yield . and the better to gentle and pacifie the people , who stood amazed at it , promised and undertook that they should never more be troubled with aids or subsidies . was notwithstanding when afterwards the publick occasions required aids or supplies , neither foreclosed by his promise , or denied the assistance of his people . but the lords and commons in parliament did in the th year of his reign assent to an act of parliament for the remitting unto him all such sums of money as he had borrowed of them or any other , by way of impress or loan by his privy seals , sithence the first day of january in the th year of his reign , and if he had paid to any person any some of money which he had borrowed by sale of land or otherwise , the same person , his heirs , executors , or administrators , should repay it again to the king ; and if any person had sold his privy seal to another , the seller should repay the money to the buyer thereof . and for a further supply , did in the last year of his reign grant unto him one subsidy with two fifteenths and tenths by the temporalty , and one subsidy by the clergy . whose successors and posterity have ever since not refused to subscribe to those laws of god , nature , and nations ; that children are obliged to assist both their political and natural parents : the contrary whereof would be against the rules of humanity and mankind . judge hutton , a greater friend unto the law then ragioni di stato , reason of state or government , declaring in his argument in the exchequer chamber against the ship-money , in the latter end of the reign of king charles the martyr , that an act of parliament that a king should have no aid or help of his subjects , would be void and of none effect . king edward the sixth , after the many seditions and troubles which assaulted his infant government , and excellent endowments of virtue and piety , by the wars with scotland , quarrellings of the protector and admiral , his uncles on the mother's side ; and the plots of dudley duke of northumberland was , although he had taken into his hands all the lands , houses and tenements formerly given under dire imprecations , and curses for the quiet and welfare , as the people then thought of the souls of their ancestors children , friends , and benefactors departed out of this world and gone into the next ; together with the colleges , ( given to superstitious uses ) free chappels , fraternities , and guilds , with all their lands , goods , and estates ; seizure of church goods in cathedrals and parish churches , and such as had been imbezil'd , with jewels , gold and silver chalices , ready money , copes and other vestments , reserving to every church one chalice , and one covering for the communion table was not grudged in the last year of his short reign , one subsidy with two fifteens , and tenths granted by the temporalty , and a subsidy by the clergy . queen mary being a profess'd catholick , renversed the protestant religion , put many to death , banished and persecuted all the eminent professors thereof , married philip the second king of spain ; and thereby endangering if she had any issue by him , to have brought england under the laws and yoke of his spanish dominions , with the bloody and cruel inquisition to boot ; began to restore the lands of the abbies and monasteries , and intended to relinquish all her right therein ; lost calice , which had been in the english possession ever since the conquering of it from the french by king edward the third . made severe laws against the protestants , abrogated all those that were made against the catholicks , shook and tottered the estates of many of the protestants great nobility in their lands , which had belonged to their monasteries and religious houses , and of many thousands of considerable families of the kingdom , who had those kind of lands either given them by king henry the eighth , or king edward the sixth ; or had purchased them of others , who might well have foreseen their not enjoyment of them , if she had but a little longer continued her reign , to perfect the entire returning to the church of rome of her self , and as many of the people as she should be able to force into it , was not in her short reign without the aids and assistance of the people , when the publick affairs called for them . richard the third , though for his cruelties and ill obtaining of the crown , he merited not the title of a king after his stabbing king henry the sixth , whereof he died in the life-time of king edward the th , and after his death procuring himself to be made protector of the kingdom during the minority of king edward the fifth , his nephew ; whose guards when he had made to be dismissed , and enticed him and his brother into the tower of london upon a counterfeit pretence of safety and honour , he procur'd to be murthered . did the like to his own elder brother the duke of clarence , whom he contrived to be drowned in a but of malmsey ; made himself king , and in the setling of his wrongful title and wicked usurpation , made some good laws ; was notwithstanding in the second year of his reign , besides the great confiscations of divers of the nobility , and other great men , not refused an aid or imposition . queen elizabeth , inheriting the courage of her father king henry the eighth , and the wisdom and prudence of her grandfather king henry the seventh , the happy uniter of the white and red roses ; having by a provident care made such a choice of wise and valiantsea and land commanders , sage counsellors and ministers of state , and judges of the law , as no prince of her age or time could equal , did by a constant encouraging and imploying no other than those who made it not their only business to seek their own profits , but were as fixt to her , as she was to them ; by whom and her own careful conduct and guidance , she withstood all the assaults of rome and spain , and the machinations which their jesuits could plot or promote against her and her most excellent steddy monarchical government ; weather'd out the storms and rebellions raised up against her , with no single or few attempts to take away her life ; supported her allies , and was a bulwark impregnable not only to the more refined protestant religion which she had planted and defended here in england ; but to those different forms elected or set up by luther , and calvin , and the huguenots , in the foreign and other parts of christendom , was in her glorious and ever to be imitated happy reign , as she made her subjects as happy as her self in the councils , love , duty , and allegiance of her parliament and assistance of her people for their own as well as her preservation and good ; who although they were by her limitted not to meddle with church or state government , forbid and sharply reproved for medling with the successors , had some of their several members , as mr. peter wentworth and sir henry bromley prohibited to sit in the house of commons , and afterwards committed prisoners to the tower of london , sent for sir edward coke their speaker , and charged him to deliver her message to the house ; which he did not omit to do : that it was in her power , to call , prorogue , adjourn , dissolve or determine parliaments , and to assent or dissent : and in one of the said parliaments refused her consent to bills which had passed in both houses ; informed the house of commons , that she misliked their irreverence towards her privy councellors , members of that house who were not to be accompted as common knights and burgesses that are councellors , but during the parliament ; whereas the others were standing councellors , and for their wisdom and great service were call'd to the council of state ; blamed some that seem'd to make their necessities more than they were , forgetting the urgent necessities of the time and dangers ; would not have her people feared with reports ; and speaking to them that she heard that upon the last attempt of the spaniard , some had abandoned their towns , fled higher into the countrey , and left all naked ; said , i swear unto you by god , if i knew those persons , or any that shall do so hereafter , i will make them know and feel what it is to be so fearful in so urgent a cause . and when the commons had petition'd unto her against some grievances of her purveyances , and court of exchequer ; answer'd , that she had given some order to the lord steward for the redress of the purveyances ; that she had as much skill and power to rule and govern her own house , as any of her subjects whatsoever to rule and govern theirs , without the help of their neighbours ; and would shortly take further order therein , by the advice of her judges and learned council . commanded the speaker of the house of commons , that if any bills should be there exhibited touching the succession , matters of state , or causes ecclesiastical , he should not receive them . which several speeches , directions , and messages of her majesty , with many others in all the time of her parliaments , and long and happy reign , were well esteemed of ; whose birth-day for now almost fourscore years last past in london , and many other places of england , hath upon every th day of november , by legacies of annual commemorative sermons and ringing of bells , been celebrated , and was so happy in the duty allegiance and obedience of her parliaments . as a prudent very eminent & learned member of the house of commons said , that before he would speak or give any consent to a case that should debase her soveraignty or abridge it , i would wish my tongue cut out of my head. anno . of her reign , a bill being brought into the house of commons for explanation of the common law , concerning the queens letters patents , and certain monopolies ; mr. spicer a burgess of warwick said , that that bill might touch the prerogative royal , which was as he had learned , so transcendent as the eye of the subject may not aspire thereunto ; and therefore be it far from him that the state and prerogative of the prince should be tyedly him , or any other subject . mr. francis bacon , after lord chancellor said , that for the prerogative royal of the prince , for his part he ever allowed it , and is such as he hoped should never be discussed . and said mr. speaker , pointing to the bill , this is no stranger in this place , but a stranger in this vestment . the use hath been ever by petition to humble our selves to her majesty , and by petition to desire to have the grievances redressed , especially when the remedy touchethiher in right or prerogative . i say , and i say again , that we ought not to deal or meddle with , or judge of her majesties prerogative , i wish every man therefore to be careful of this point . mr. lawrence hyde said , i do owe a duty to god , and loyalty to my prince ; i made it , and i think i understand it ; far be it from this heart of mine to write any thing in prejudice or derogation of her majesties prerogative royal , and the state. mr. serjeant harris moved , that the queen might be petitioned by the house in all humility . mr. francis moore , afterwards serjeant francis moore said , he did know the queens prerogative was a thing curious to be dealt with . sir robert wroth a member of that house did in his own particular offer l. per annum to the wars . upon a debate of monopolies , the queen understanding that a list of such as she had granted had been brought into the house ; sent for their speaker , and declared unto him , that for any patents granted by her whereby any of her subjects might be oppressed , she would take present order for reformation thereof ; her kingly prerogative was tender , and therefore desired them not to speak or doubt of her reformation ; but that some should be repealed , others suspended , and none put in execution , but such as by a trial at law should appear to be for the good of the people ; which being reported by him to the house , filled them with unspeakable joy. mr. wingfield wept , and said , his heart was not able to conceive , or his tongue express the jov that he had in that message . and thereupon mr. secretary cevill said , that there was no reason that all should be revoked ; for the queen meant not to be swept out of her prerogative . and gave them a caution for the future , to believe that whatsoever is subject to a publick exposition , cannot be good . and the parliaments in her long and glorious reign , were so unwilling to give any disturbance to her great and renowned actions for the defence and good of her self and her people , and all the protestant concernments in christendom ; as in the first year of her reign , a parliament granted her two shillings eight pence in the pound of goods ; and four shillings of lands , to be paid in several payments . in her sixth year , one subsidy was granted by the clergy , and another by the laiety together with two fifteenths and tenths ; in the thirteenth year of her reign towards the charges of suppressing the northern rebellion , a subsidy of six shillings in the pound , by the clergy , and by the temporalty two fifteens , and a subsidy of two shillings and eight pence in the pound ; in her six and twentieth year , had granted her by the clergy two whole subsidies , and by the laiety three , besides six fifteenths and tenths ; with a proviso , that that great contribution should not be drawn into example ; in her fortieth year , had granted by the clergy three entire subsidies , and as many by the laiety , with six fifteens and tenths ; and in the th year of her reign , to furnish money for the irish wars , had commissions granted to confirm the crown lands of ireland to the possessors o● defective titles . and all little enough , when in the same year sir walter raleigh , a member of the house of commons declared unto them , that the moneys lent unto 〈◊〉 〈◊〉 yet unpaid , her jewels and much of her lands sold , and she had spared money out of her own purse and her apparel , for her peoples sake . and yet when in the eighth year of her reign the parliament had offered unto her four subsidies , upon condition that she would declare her successor ; she magnanimously refused it , and remitted the fourth subsidy , saying , it was all one whether the money was in her own , or in her subjects coffers . our king james being born and bred in the kingdom of scotland , where their laws are mingled with some neighbour english customs , drawn out of our glanvil , brought thither by their king james the first , who lived some time here in england , and afterwards so much compounded and over-born by the civil law : brought out of france long after by king james the fifth , which with some part of their common law , makes them to be so overmuch civil and canon , and a miscellany of them as they are very much different from ours , had so great an affection to the civil laws ; and those of his own countrey , before he had understood the excellency of ours ; that shortly after his coming to the crown of england he earnestly recommended to the parliament of england , not only an union of both the kingdoms , and the subjects thereof ; but of their laws also : and so much savoured the civil laws , as he complained in a speech to the parliament of the contempt of them , allowed or was much taken with the comedy of ignoramus and dulman ; which was purposely framed to expose the professors of our common laws to a derision of the people , and render them guilty of an ignorance of good letters and learning ( which all of them , witness our great selden , and some other of his coaevals , could not justly be charged with ) and suffered it to be acted before him at cambridge with great applause , and to be afterwards printed and published without any murmur or jealousie of the english nation , ( that he endeavoured to introduce an arbitrary power ) who manifested no unwillingness to give him subsidies and aids in foreign as well as domestick affairs , when he had occasion to require them . all which the cares and doings of our ancestors for the publick and common good joined with their duty and allegiance to their soveraign kings and princes , may afford us convincing reasons and arguments , out of concluding premisses that the weal and woe of kings and their people , are like those of hippocrates's twins , partaking each with other , and that the fear of god , honour of the king , self-preservation , and oaths and duty of allegiance ; will be more than enough to enjoyn every good christian and subject , where the welfare of the king and publick are concerned to be as willing to help the king as he would himself . and it cannot be deemed to be either unadvisedly or ill done by our english fore-fathers or predecessors in the house of commons in parliament , in the seventh year of the reign of king richard the second ; when being required of the king to give their advice concerning a peace to be made with the king of france , and the chancellor then said , that the king of himself could well do it ; yet for good will he would not , without their knowledge or consent . and it could not be concluded without a personal interview of the king of france , which for his honour required great charges , whereof he charged them of their allegiance , to consult and give him answer ; unto which they answering , that it becomed not them to intermeddle their council therein . and therefore referred the whole order thereof unto the king and his council . and being urged again to answer whether they desired peace or war ? for one of them they must choose ; they answered , peace . but when they understood that the king of france desired that the king should hold guyen of him by homage and service ; they knew not what to say , only they hoped that the king meant not to hold of the french calice , and other territories gotten of them by the sword ; whereunto when the king replied , that otherwise peace could not be granted ; and therefore willed them to choose ; they in the end rather desired peace . but peace not ensuing or being to be had , and the king by his chancellor the next year after in parliament , informing them how that the king was invironed with the french , spanish , flemmings , and the scots who were confederate , and had made great preparations to destroy him and his people , which was like to ensue , unless some means were used to resist it ; that the king intended to hazard his own person to whatsoever peril which might justly encourage all estates willingly to offer themselves and what they had to such defence . and declared unto them the falshood and treachery of the french in their treaty of peace at calice , when they finding the english inclined to it , had departed from their offers . the lords and commons when they found the honour of the king and safety of the nation so deeply ingaged , granted unto the king two fifteenths , conditionally that a moiety of the fifteenth granted in the last parliament be part of it ; and so as if the king go not in person , or that peace be made the last fifteenth might cease . can the sullen , rude , and ungodly dutch ( the most of whose religion is trade , and all that can be gained by it ) to maintain their incroachments upon our brittish seas , obstinate pride , and the greatest of ingratitudes ; drown and lay under water a great part of their countries to preserve the remainder from the fury of their enemies ; endure the assaults both by sea and land of two of the mightiest princes of christendom ; suffer their undrowned cities to be taken and garrisoned , and their people to lie under all the miseries of a conquering , over-running , and ruining army by land ; behold and see their banks of treasure with their formerly great riches and credits , for which they had circled the terrestrial globe floating upon the seas , and like the dead bodies of the slain of their people suddenly disappearing and sinking , whilst the inhabitants weeping as they work , were scarcely able when their numerous over-burdening taxes were paid to support their sad souls in the lodgings of their languishing and care-wasted bodies with what was lest them of their gains ? and shall not the subjects of england , for the vindicating of their soveraigns and the nations long ago confirmed and allowed rights in the brittish seas , for the honour and safety of the king and themselves , protection of our isles and our ships , which are not only the wooden walls , but glory thereof ; and the girdle of strength encompassing them , lay aside their too often causeless fears and murmurings ; and out of their luxury , pride , peace , and plenty , spare that which may well be contributed towards his and their own aid and assistance ? shall our brittannia that was wont triumphantly to sit upon her promontories , looking into her brittish seas , viewing her glories , and enriching many nations with her merchandize ; now like one affrighted , tremblingly look back , and behold the divisions of her people at land , ready to make her and themselves a reproach and hissing to all nations , small and despicable in the eyes of those which were accustomed to honour her ? shall the tears lie upon her cheeks ? shall she cry out that her friends have dealt treacherously with her , and are become her enemies ? shall she recount unto them how our discords at land heretofore , made the romans masters both of our seas and land ; where the conquerors confessed , that dum singuli pugnant omnes vincantur , that their greatest advantage was the disagreement of the conquered ? and will it not now be high time to believe what the lords and commons in parliament declared in their petition to king charles the martyr , for our religion , laws , and liberties in the fourth year of his reign , that jealousies and distractions are apparent signs of god's displeasure , and of ensuing mischiefs . and that the distempers and fermentation thereof more and more increasing , may recall to our remembrance , how little those fears and jealousies did profit mr. pryn , or his adoring the soveraignity , as he once called it , of parliament ; when he was afterwards pull'd out of the house of commons , made a prisoner , and driven to an utter detestation of their arbitrary power ? or of how little avail they were to the restless spirit of levelling john lilburn , when he was after as much out of love with the republicans or cromwellians , as he was once with them ; and wrote his book , entituled ( if my memory fail me not ) of the oppressed men in chains : and after his cashiering out of the army , imprisonment , bafflings , and trials at law , lugged and carried about with him sir edward coke's comment upon magna charta , and other english law-books to no purpose . the fears and jealousies which had gotten possession in the head of alderman andrews , lord maior of london in those wickedly pernitious times could not rescue him from the title of anti-christ bestowed upon him by some of his own party . and oliver cromwell , before he took upon him the title of protector of his herd of villains , regicides , murtherers and felons , was fairly threatned or attempted to be indicted for high treason by cornet day , against the foolish fancies of their wat tiler , jack cade , john of leyden , or massianello rowling , confounding , and never-resting common-wealth . or how much did those fears and jealousies benefit the city of london , or advance their trade or riches ; when in the late rebellion they forfeited all their charters , and the liberties which they had in more than years last past obtained of their indulgent soveraigns ; perjured themselves , ruined much of their estates by being ( some good and loyal citizens excepted , who could not be without great sufferings ) instrumental in the ruine of many of the nobility and gentry , their debtors and customers betook themselves to plunders and sequestrations of honester men than themselves , purchased with others the palaces and lands of the king , queen , prince , bishops , nobility , and delinquents , as they stiled them ; for fighting against his late majesty , when they fought for him . bought at cheap rates his pictures , and sold the ornaments of his chappels , plate , copes , and vestments , not sparing the coats of his guard of halberdiers , pull'd down his statue at the royal exchange , with the basest and vilest declaration put in the place of it , exit tyrannus regum ultimus ; took away or spoiled the statues of william the conqueror , and all the succeeding kings of the english monarchy ; which the love which they ought to bear to monarchy , might e're this time have perswaded them to have supplied . when the mercers company of london had revenue sufficient lest in lands by sir thomas gresham knight , that prince of merchants , the founder of that royal exchange , for the constant reparation thereof . and to how little benefit and small accompt did their fears and wilfulness come unto , when in the late dreadful london fire , when they might at the first in a little time have quenched it by blowing up with gun-powder less than sixteen houses , or half a street ; they did suffer it to rage and do what it would from the later part of the saturday night until the latter part of the wednesday night next following ; until it had burned in that city and its large suburbs little less than twenty thousand houses , with st. paul's cathedral , and almost a hundred churches ; and had not been so unhappy if the owners and neighbours had taken the advice , or hearkened to the earnest perswasions of his majesty , who on foot laboured even at the pumps , and cryed out for help amongst them , and did all he could to perswade them to take that better course to stop that fire ; but with other that gave the same advice , was answered ( as the duke of york was at his quenching the fire at the temple , commanding an absent gentleman's chamber to be broken up to preserve his books and writings , and preserve the contiguous building from burning ) that to blow up houses , or break open doors was against magna charta , and they might have actions brought against them . and in the interim whilst they were so distracted with their fears , as all the care they took was to lugg and carry away their goods into the fields or churches ; in the latter whereof the one helped to burn the other , and leave their own or their landlord's houses to the mercy of the fire ; which doing what it pleased , and raging so impetuously , made the whole city and its lines of communication , and the circum ambient air to be like an oven over-heated , as the numberless sign posts with their signs fell on fire , and leapt in sheets as it were from one street to another , where it never had stopped until it had destroyed and burnt all london and westminster , with at least houses therein , if his majesty , and his servants and nobility indefatigably night and day labouring amongst the remaining sad-hearted people that tarried , had not upon the wednesday night , or thursday morning next following , put the fire ( by blowing up some houses ) to a stand ; and taught and encouraged the then witless over-affrighted citizens to subdue that mighty arbitrary element . which city had been long after unbuilt , and left inter rudera & cineres , a sad spectacle to the world , if the continued cares of his majesty had not by the advice of his parliaments , rescued them from beggery and almost endless suits and controversies betwixt the landlords and tenants , concerning the building up and repair of their houses . and laid the burden of the loss and damage upon the landlords , who were many of the nobility and gentry , colleges and halls in the universities of oxford and cambridge , companies of trade , hospitals , such as st. bartholomew's , christ-church , and st. thomas in southwark ; cum multis aliis , &c. by causing them in consideration of the tenants rebuilding their burnt houses with brick in a safe and substantial way , to make them long leases of forty or fifty years ; according to the several circumstances of reason , good conscience , and equity without any examination of their foolish fears , in the saving of their goods , and leaving their houses to the fury of the fire ; which in a few years hath by the rich tradesmens taking of five times more money with apprentices than fifty years ago was accustomed , amounting in the whole unto many thousands of pounds , and some mortgages ; and the sinful liberty , and arbitrary power which they have of late taken , in the raising of their prices , and adulterating and sophisticating all that they sell , starving the workmen , and disparaging and falsifying all the manufacture of the kingdom ; and some helps before-mentioned from his majesty , together with his building of temple-bar ; to the wonder of many at home , and all nations that merchandize with her abroad , been most beautifully rebuilt , much better and more glorious than it was before . and in the gorgeous apparel and attire of themselves , their wives , and children ; stately furniture of their houses , and expence of diet ; having drawn a great part of the riches of the nation , to their dispose and command , do live like lords , and their wives like countesses or great ladies of honour , wallow in peace and plenty , and it were well they would be more thankful than they are unto god and their king for it . shall we be afraid , because things may be when we neither are or can be sure that they are or will be , and terrifie or molest one another with the apprehension or possibility of it before-hand , when we might do better to be quiet . and if i should now inquire of you how they have arrived to the height they now possess , and become so fermented as to be the disease epidemical of the nation ; you will i make no question without any the least of hesitation or scruple , return me an answer , that it is the twice a day visited in london ( by almost every tradesman , and many times by his man , where too often they do brew and tun up sedition and treason ) coffee-houses , or prating , lying and seditious schools in london , and its large suburbs , and most of the cities and boroughs of the nation , the mart of lies and fools bolts , and mr. muddiman's cream of intelligence , communicated twice a week by his letters to very many in divers countries , who do largely pension him , and to countrey coffee-houses that pay him a very considerable yearly rent for his state-informations ; where lectures being read , and annotations made upon them , and guesses and conjectures rashly heaped one upon another , and put together ; faction spreads her wings and carries it as fast as she can home unto too many of the gentlemen and farmer 's houses : from whence it comes to be chewed over again at every conventicle or congregation meeting , and repeated at every market or country meetings , and at the feasts or entertainments each of other ; which multiplies their fancied affrights and dangers , and pleaseth them not a little , who would think themselves or their tittle tattle trade undone if they should but hear of any thing ( which they might often , if they would but confess or understand it ) that is well done either in the church or state ; whereunto the dissenters or conventicle nonconforming ministers , do bring no small addition , who can as little hold forth , or prove that they and their numerous proselytes and followers are or ever will be without conversion , either good christians or subjects , as they can evidence that gaping , winking , snoffling , face-making , howling , with as many frantick gestures in their pulpits , as the heathen fatidici or priests were accustomed to make , are essential to preaching ; or that all that they in their extempore trash , bable to their seduced people is by the spirit or any gift thereof ; all that they in those places or stations of teaching and promoting disobedience and aversion to the king , and his laws and government , can be canonical ; or if so , how it should come to pass that in that kind of crude undigested matter , there should be so many blasphemies , wrestings and abuses of scripture , tautologies , vain repetitions , and ridiculous stories , expressions and exhortations to sedition and rebellion . the product whereof hath sadly of late years appeared to have been not one , but many sheba's , blowing the trumpets of sedition , and shimei's railing at , lampooning and reviling our david , by base calumniating libellous papers without any names subscribed , put on his table or chair in his closet , or affixed in places in his galleries or walks by those that would be call'd his loyal and most obedient subjects , or such as have been thereunto instigated by jesuits to make their soveraign out of love with them , or they with him , at the same time when his sacred person hath been surrounded with popish plots , by pistolling , stabbing , poisoning , or assassination ; and those that are trusty and faithful to him , and the well-established government in church and state , must have no better titles than tories , tantivies , or popish affected pamphlets and books to justifie and incite sedition , treason and rebellion , every day publickly cryed in the streets , or sold in the book-sellers shops . all which the most savage wild and barbarous people or nations of the world , jews , pagan , mahumetan , latitudinarian , papist and protestant , religious eastern and western churches , and even the cheating bannians would disown , blush at , be ashamed of , and abhor . unto which our disasters both in church and state have been great additions , and kindle coles ; which have made not only many that have some learning , and are ex meliori luto , better born and bred ; but the mechanick and illiterate part of the people , to take themselves to be a kind of state-menders , and to make their small capacities the rule and measure of their foolish prognosticks , and are as like to hit the white or mark , as he that stands without the doors of an house a mile off it ; and undertakes of himself without the help or information of the inhabitants to know what is every day and night , hour or minute thereof done within the house ; or as some mountebank physitian , who without the aid or sight of the patient , or any inquiry into the symptoms . indications or progress of the disease , should promise a never-failing cure of his sickness or distemper ; and may as little deserve his fee , as a lawyer who should adventure to give his opinion , or direct his client how to proceed in his action or suit , without any knowledge at all of the fact. so as those state almanack-makers , by such an extravagant and incertain ephemeris , would do well to be more modest and cautious in their opinions , and not to expose the honour of their king and soveraign to the foolish and ill-digested censures of themselves and others ; and make themselves the conduit-pipes to convey their follies to the more ignorant part of the people ; who although by god's mercy to a causeless murmuring nation , from the winter to the spring , from the spring to the summer , from the summer to the autumn , and from the seed time to the harvest , when the valleys sing , and the earth is loaden with the increase thereof , and so all along ; not for one but many years together they might understand how often they have sinned against the divine mercy and providence by their complaints of the weather , too hot , too cold , too wet , too windy , too dry ; so as scarce one day in every ten of the year , can get an universal liking or good word of the ways of god's providence ; and should when they have found themselves every year so often and so greatly mistaken , be once ashamed , and forsake that unquietness of spirit , will not withstanding not only continue those their mis-doings and humours in the case of god almighty , as a custom or privilege belonging to their farms and husbandry ; but in the height of all their peace ( without which their plenty would be blasted ) so very much traduce , scandalize , and mislike the royal cares of their king and god's vicegerent , and be so unjust and unreasonable in their complaints and fault findings , as though they sit under their own vines , eat the fat of the flock , lye down upon their beds of ivory , sing to the harp , rise up to play ; enjoy a peace and plenty to a surfeit , and the envy of all their neighbours , and may weekly read and hear of the miseries and sufferings of many neighbour nations by wars and invasions of one another ; yet they must never be contented , but be every day , and very often in every day finding fault with the government . as if the government of the king , and the government of the king of kings , as to the weather , were always to be blamed . whilst they ought rather to be so careful of themselves and their posterities , as to abominate those foolish ways of censuring authority ; and to take heed that god do not punish us for our unthankfulness , and abusing his so many and all sorts of mercies under a prince . who besides all his other royal cares and concessions , added unto those of his famous great ancestors and predecessors , kings and queens of this realm , for the preservation of his peoples liberties and properties ; did no longer ago than in the th year of his reign , for the better securing of the liberties of his subjects in their persons , and prevention of imprisonments , by sending them in custody to some of the islands ; consented unto an act of parliament under great severities , forfeitures and penalties to be inflicted upon such as should imprison or detain any man after an habeas corpus brought , as well in the vacations as terms . and so far extended it , as upon the committing of any man prisoner by himself or the lords of his privy council , lord chamberlain , or other great officers of his houshold , they are allowed to be bailed by the king's justices of his superiour courts of justice ; although when they themselves shall , as they do often , commit or imprison any man by their delegated and derivative power from the king , only they are not at all obliged to discharge any such offenders upon writs of habeas corpus . and by that and those multitudes of former provisions which our kings and their laws have made for the good and safety of their people from all the incursions of arbitrary power , should not forget that there is not so much as an imaginary fear or danger that any subject of england can be injured by any arbitrary power or otherwise ; for which a present and sudden remedy may not be quickly had or provided ; and that it is now a received maxim in our common law , that the king can do no wrong , and that , id potest quod de jure potest . so that there are very few , unless such as would have the king to be as liable ( which our laws did always forbid ) to coertions , arrests , or punishments , as the most ordinary or meanest of his subjects are or ought to be , or can be so ignorant in the course or proceedings of our laws ; but may understand , that if he should cause any to beat or do any injury or trespass to any of his subjects , the parties or agents are by his and our own laws to be responsible for it . and believe that king james , who had reason to understand government and affairs of state better than such kind of people , did not err or say amiss in his answer in the th year of his reign to a petition to the house of commons in parliament , when he declared unto them , that none could have wisdom to judge of things of that nature , but such as are duely acquainted with the particulars of treaties , and of the variable and fixed connexions of the affairs of state , together with the knowledge of the secret ways , ends and intentions of princes in their several negotiations ; otherwise a small mistaking of matters of that nature might produce more and worse effects than can be imagined . and remember that if impossibilities could be possible , and every one that foolishly fancies himself to be able , could be able to manage or judge of state affairs ; yet we have no laws that do allow every man ( coblers and illiterate men not excepted ) to be a statesman . and that st. jude reprehending those that despised dominions , and speak evil of dignities ; gives us the original from * whence it comes , for that they speak evil of those things they know not . and therefore if they would but once resolve to be more obedient , seek and embrace peace and humility more than they do ; and follow the council of the apostle st. paul , to abstain from those that make divisions ; and not take every thing that they do hear from foolish lying or malitious tongues , rackets and rebounds , to be a certainty of truth , when there is nothing at all to support it ; unless they will acknowledge that their understanding memories , and senses , are by the vain and incertain imaginations of fears and groundless jealousies , misguided and led into a frenzy ; or otherwise that they would under those pretences hide and cover their very wicked designs , until they can be effected , and seduce as many as they can into their party , to help to go through with it : might acquiesce in the opinions , duty , allegiance , understanding reason and sense of many counties , cities and boroughs of this kingdom ; who upon the reading of his majestie 's declaration , shewing the reasons and causes of his dissolving the last parliament , and his majestie 's firm and fixed resolution to maintain the religion and monarchical government of this kingdom , now by law established , have by their many several addresses made their dutiful acknowledgments for his majestie 's grace and favour therein , and the happy government peace and plenty wherein they have lived since his majestie 's happy restauration ; humbly offering to defend the rights and prerogative of his crown with their lives and estates , and concurring with them therein . believe that when they have tired themselves with their feaverish dreams and fancies , and are awake and shall come to themselves , they will upon a more knowing and sober inquest , readily find that there are more dangers and mischiefs like to happen by atheists , debauchees , and latitudinarians , not a few of the sectaries , and no small number of the wild headed opinion-mongers ; whose giddy notions makes every thing that tends to their interest or conveniency to be religion enough , and are so near neighbours to popery , as if not speedily prevented , are like to gulf into it , than there is of any inundation of arbitrary power , or of the common sort of unjesuited popery ; and that popery it self would much abate , if the atheists , latitudinarians , and debauchees , and the daily quarrellers with our church and state government would better regulate their brains , and not make themselves so much as they have done the seminary seed-plot , and nursery of it . and it may be a wonder beyond the seven wonders of england , and more than an hundred added thereunto , that by a strange effascination , so great a part of the nation , after that they might well have understood his just and happy government all the time of his reign : had most wickedly rebelled against his late majesty their soveraign , vanquish'd and procured him in the hopes of peace , to deliver up unto them the remainders of his strength and garrisons ; viz. oxford , newark , worcester , and wallingford ; imprisoned notwithstanding , and hunted him to death , and brought him upon a scaffold before his own house or palace at white-hall , to be barbarously murthered . where he declared to the soldiers , army , officers , and spectators after he had received the blessed sacrament , administred unto him by the pious and reverend dr. juxon bishop of london ; and performed his other devotions preparatory to a near approaching death , in his dying and last words , which ought to be believed by all that had any thing of humanity , or were ever but christ'ned ; that as to his religion , he died a christian , according to the profession of the church of england , and found it left him by his father . that he desired the peoples liberty and freedom as much as any body whosoever , but he must tell them that their liberty and freedom consists in having of government those laws , by which their lives and their goods may be most their own : it is not for having share in government , that is nothing pertaining to them . a subject and a soveraign are clear different things , and therefore until they do that , i mean that you do put the people in that liberty , as i say , certainly they will never enjoy themselves . it was for this , that now i am come here ; if i would have given way to an arbitrary way , for to have all laws changed according to the power of the sword , i needed not to have come here . and therefore i tell you ( and i pray god it be not laid to your charge ) that i am the martyr of the people . that in stead of a never enough to be repeated repentance , with as much satisfaction as was possible to make it available ( not by sowing the seeds of another rebellion ) they should be so sottish ( which is more than a frenzy or lunacy , which sometimes alloweth intervals of understanding , of c 〈…〉 g again unto themselves ) as not only to continue those fears and jealousies , but to hatch new and greater additions unto them , which in most of the seduced multitude can have no other ground or foundation than their ignorance , folly , and illusion ; and in the lesser number of that party their villany , treason , and a propensity to act ever again a second rebellion to support them . can they read or hear that the turks or mahometans in their ignorance do no sooner find the least piece of paper , or any other thing , with any writing upon it , but fearing that it may be some note or discovery of their sins which might be carried to god almighty , or their great prophet mahomet , do make as bes●equius relateth , all the hast they can to burn or destroy it ? and at the same time write , and hire to write , print , publish , and permit to be cryed and sold in the streets , pamphlets , and books to justifie as much as they can their perjuries , sedition , treason , rebellion , and the murther of his majestie 's royal father , with all manner of invectives against the government of church and state ; do they read or hear that ath●ns , once the glory of learning and wisdom , is by her variety of humours , and change of government ( do what the sage solon could ) now become a poor ●i●●er town under the ottoman's boundless arbitrary power and slavery , and that the stout hearted spartans without their ephori or king-comptrollers , are now under as sad and slavish a condition ; and yet persist in their restless murmurings ? or can they find any reason or justice , or so much as a colour of either of them to charge an arbitrary power , or faults of government upon their king or soveraign , when they will so little obey his laws and statutes , as they do all they can to contemn , over-turn , trample upon , and change them from better to worse ; from the best of monarchies to the worst of anarchies ? when their king can do no more than make or ordain good and wholesom laws , which with our former laws are as sir edward coke hath said , the quintessence or best of all laws in the world , and his subjects will not obey them , or the directions and care of his commissionated judges and officers ; but will amongst themselves use arbitrary power , cheat , oppress and devour one another , and can but do what he can , and pray to god to give them grace to observe them , and may in that case say as a king of israel in another case did to the woman in the great famine of samaria , crying out unto him as he passed upon the wall , help my lord , o king ; and he said , if the lord do not help thee , whence shall i help thee ? and until they shall have brought themselves to a better temper , it will not also be a thing unlikely , but that i having said so much to allay their fears and jealousies may be tenter-hooked , by some of their suspitions , bundled up amongst their no few or unusual mistakes , and made to be either a papist or court parasite ; but when they shall have searched the devils registeries , and examined , pryed , peeped into , and inspected all my actions from my youth upwards , must whether they have a mind unto it or not , give me leave to tell them , and prove , what you do know as well as my self , that i am no papist , no court parasite , nor flatterer of any man ; and that they will not be a little mistaken if they shall think that i am not a very loyal subject of my king , dutiful son of the church of england , or not averse to an arbitrary power , or that i can be any thing else then a lover of the truth , my king , the church of england , and my countrey ; and being also an honourer of your self in your doing the like , shall desire always to continue under the character thereof , and june th . . your most affectionate friend and servant . finis . errata in the authors absence . page line . for and a● , read , you are very solicitous for the church , p. . line . read put , p. . line . read discent , p. . line ult . dele was , read did , dele as she , et p. . d●le she made , et read make . notes, typically marginal, from the original text notes for div a -e rushworth's collection . rushworth's historical collections . h. . ca. . h. . . ca. . . . h. . . . e. . ca. . . e. . ca. . . ca. . ca. . e. . . ca. . . e. . . statute de tallaglo non concedendo fact ' tempore . e. . e. . . e. . . e. . e. . . e. . ca. . e. . rot , parl. ca. . r. . ca. . ca. . r. . ca. . r. . ca. . r. . ca. 〈◊〉 . 〈◊〉 〈◊〉 . . ca. 〈◊〉 & 〈◊〉 . h. . . h. . . h. . . h. . . . r. . ca. . ● h. . . h. . . h. . . eliz. . eliz. . star. of marieborough , printed to be in h. . ca. . but appeareth in the record to have been only made in anno h. . and without the preamble published by mr. pulton , as in h. . bract. lib. . de corona . ca. . & fleta lib. . ca. . & . e. . 〈◊〉 . . oaths of the judges , e. . petition of right , anno car. primi . oliver cromwel's instrument of government . h. . ca. . sam. . . ●vascon . 〈◊〉 e. . 〈◊〉 alman . 〈◊〉 e. . 〈◊〉 concill . 〈◊〉 h. th . warrant sub. privat . sigil . eliz. rushworth's historical collections , . . gulielmus newbrigensis . rot ' parl. 〈◊〉 . r. . m. . rot ' parl. . r. . m. . rot ' parl. . r. . m. . sir richard baker's chronicle . journals of the four last parliaments of q. elizabeth , collected by heywood townsend , a member thereof . rot ' parl. r. . m. . & . r. . rot ' parl. * epistle of jud● , 〈◊〉 . . and . reg. ca. . by the king, a proclamation for reassembling the parliament england and wales. sovereign ( - : charles ii) approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing c estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) by the king, a proclamation for reassembling the parliament england and wales. sovereign ( - : charles ii) charles ii, king of england, - . england and wales. privy council. broadside. printed by the assigns of john bill and christopher barker ..., in the savoy [i.e. london] : . "given at our court at whitehall, the th day of june . in the nineteenth year of our reign." imperfect: folded, with slight loss of print. reproduction of original in the huntington library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- parliament. great britain -- history -- charles ii, - . great britain -- politics and government -- - . - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion c r diev et mon droit honi soit qvi mal y pense royal blazon or coat of arms by the king. a proclamation for reassembling the parliament . charles r. whereas our parliament now in being stands prorogued till the tenth day of october next , we having had reason to believe at the time of the said prorogation , that our affairs might have permitted the attendance of the members of both houses on our service and their own occasions in their respective countries , until that time : we now finding this our kingdom invaded during a treaty of peace , and esteeming our self ever most safe in the advice and affection of our people in parliament , have therefore , and for divers urgent causes moving us thereunto , thought fit , and resolved by and with the advice of our privy council , to call together both our houses of parliament ; and do therefore hereby straitly charge and command all and every the lords spiritual and temporal , and all knights of shires , citizens of cities , burgesses of boroughs , and barons of the cinque-ports of this present parliament , that they and every of them do personally appear , reassemble themselves , and give their attendance at westminster on the twenty fifth day of july next , then and there to treat and advise of the weighty affairs of our kingdom ; and all assistants of our house of peers , and officers and ministers of either house of parliament , are hereby required and enjoyned to give their attendance accordingly . given at our court at whitehall , the th day of june . in the nineteenth year of our reign . god save the king. in the savoy , printed by the assigns of john bill and christopher barker , printers to the kings most excellent majesty . . the vnrighteous iudge, or an answer to a printed paper, pretending a letter to mr io. goodvvin, by sir francis nethersole knight. wherein the rough things of the said pretended letter, are made smooth, and the crooked things straight: and the predominant designe of it fully evinced to be, either an unscholarlike oscitancie and mistake, or else somewhat much worse. / by the said jo. goodwin. goodwin, john, ?- . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing g thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) the vnrighteous iudge, or an answer to a printed paper, pretending a letter to mr io. goodvvin, by sir francis nethersole knight. wherein the rough things of the said pretended letter, are made smooth, and the crooked things straight: and the predominant designe of it fully evinced to be, either an unscholarlike oscitancie and mistake, or else somewhat much worse. / by the said jo. goodwin. goodwin, john, ?- . [ ], p. printed by g. dawson for henry cripps, and are to sold [sic] in popes-head allie, london : . a reply to: nethersole, francis. the self-condemned. or, a letter to mr jo: goodwin. annotation on thomason copy: "jan. ". reproduction of the original in the british library. eng nethersole, francis, -- sir, - . -- self-condemned. charles -- i, -- king of england, - -- early works to . great britain -- politics and government -- - -- early works to . great britain -- history -- civil war, - -- early works to . a r (thomason e _ ). civilwar no the vnrighteous iudge, or an answer to a printed paper, pretending a letter to mr io. goodvvin,: by sir francis nethersole knight. wherein goodwin, john d the rate of defects per , words puts this text in the d category of texts with between and defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . luke . the vnrighteous iudge , or an answer to a printed paper , pretending a letter to mr io. goodvvin , by sir francis nethersole knight . wherein the rough things of the said pretended letter , are made smooth , and the crooked things straight : and the predominant designe of it fully evinced to be , either an unscholarlike oscitancie and mistake , or else somewhat much worse . by the said jo . goodwin . false witnesses did rise up : they laid to my charge things that i know not . psal. . . quidam christianae ac fraternae charitatis obliti , in tantum existimationem nostram quoquo modo student laedere , ut suam se evertere nocendi cupiditate non videant . aug. ad . artic. sibi falsò imposuos . london , printed by g. dawson for henry cripps , and are to sold in popes-head allie . . an answer to a printed paper , pretending a letter to mr. io. goodvvin , by sir francis nethersole knight . sect. sir , on the . of this instant , i received together with a letter in writing , a packet of papers and books from you ; for which i then apprehended my self bound to return you thanks , and it was really in my heart so to doe . but two or three daies after comming casually to the sight of a printed paper of yours , which you call , a letter to mr. jo. goodwin , &c. i clearly found your present to be {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , a giftlesse gift , by discovering your heart to be far from me . sir , though all undue comportment with the greatnesse of this world , be the first born of abhominations to my soul , which as well my reason , as long experience , have taught mee to be a temper very creative of enemies , and oppositions in the highest , from the world ; yet , god assisting me , the method of my warfare against my enemies , as it hath been , so shall it still bee , that of heaven , which encountreth evill with good , and attempteth the reconcilement of enemies , by the pardoning of their sins . so that though your pen be very provoking , and the attempt of it ( at least in appearance ) to cast me out of the patient and peaceable possession of my soule ; yet you shall not need fear any reciprocation of incivilities from mine , nor that i will offer with your fire . onely i must desire you to beare that christian freedome at my hand , which commandeth me to shew men their errours in their true shapes , without the least palliation or partiality when i am called to it . your addresse in the first word● of the letter you sent me , is this : sir , i send you here with a printed letter , with the books therein mentioned , whereof i have no doubt , but you will finde your selfe obliged to take notice in print . i candidly presume that it was onely some oversight in you , that ( with the scribes and pharisees ) you said and did not , and doe not look upon it as any breathing of that spirit in you , which wrought in them . but assuredly i received no printed letter from you , whereof i find my self any waies obliged to take notice in print . and for that printed letter , subscribed with your name , which i understood you had published many daies before i came to a sight of it ; and of which i might very possibly never have so much as heard , ( many papers of that qualitie , rising and falling in the world , without my cognizance of either ) upon my first perusall of the contents of it , conceiving it to be purum putum , quanta quanta est , convi●ium , i was in suspence , whether i should return any other answer unto it , then that of hezekiahs servants unto rabshakeh , which was by silence ; or at most , then that of michael to his antagonist . {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , the lord rebuke thee . but upon further thoughts , considering how apt men of weak understandings , and strong affections unto evill , are , to blesse themselves with a thing of nought in order to their encouragement in their evill wayes : i rather inclined to draw up somewhat a more particular answer unto it ; chiefly to wipe off the undue aspertion of that iniquitie ( falsly so called ) variablenesse of judgement , and withall to correct the malignitie of some other ingredients therein . sect. but sir , i beseech you first an ingenious and christian account , how you can call that , a letter to mr jo. goodwin , which you never sent to him , nor took any probable course that he should ever come to the sight of it . if you had considered the nature of the writing , and upon what terms you published it , might you not rather have stiled it , a defamation of mr. jo goodwin ? i confesse i finde a few lines in it , of some affinitie with part of a letter , which about ten or eleven daies since was brought to me by an unknown messenger , from a ( then ) unknown authour , and who at that time judged it a point of wisdom to veile his name ( though presently after it seems he condemned himself of iniquitie , and variablenesse in judgement , by proclaiming his name upon the house top ) but such a synecdoche as this unlesse charitie in her more then humane exaltation be the interpreter , will not save the credit of such a title from the disparagement of an untruth . concerning this letter , you tell me ( pag. . of your printed paper ) that god did not give me the grace to entertain the friendly purpose of him that sent it , ( therein expressed ) with sutable friendlinesse , but suffered me to reject it with this slighting , if not scornfull answer , that i would make no answer to the letter of an unknown person . but sir , upon this accompt i must crave leave to tell you ( i know not how you and your messenger will agree in dividing the shame between you ) that i rejected not any friendly purpose of yours , nor any other mans , with any slighting , or scornfull return . my answer to your messenger was to this effect , that if the gentleman , who sent the letter , would please at any time to repaire unto me , i was ready to give him the best satisfaction i could ▪ but that it was contrary both to my minde and practice , to return answers in writing to the letters of unknown persons , refusing to trust me with their names . i know no delinquency in this answer against any principle of civility ( much lesse of religion ) if you shall please to shew me any , you shall finde me very pliable to the impression . sect. but sir , that ( in the passage mentioned ) is of the worst resentment , that you take the name of god in vain , in telling me , that god did not give me grace to intertain , but suffered me to reject such a motion , as you are pleased to call , a friendly purpose : whereas you might much more reasonably , and with lesse sin ; have said , that god gave me grace to reject it , and suffered me not to entertain it . all the friendlinesse of purpose that i was able to discerne in that letter , was to draw from mee my judgement particularly , and that under my hand in writing , touching all the proceedings of the army , how farre i goe along with them , and where i leave them ; an intention or demand , as in it self captious and insnaring , and requiring much more time to answer , then the writing of a few lines of plain english , or then i could through the pressingnesse of much businesse upon me , spare ; so proceeding from an unknown person , especially from one , who refused to bee known so much as by his name , much more suspicious , and theatning . besides , i had so much the more reason to be jealous of this importune and suddain demand of my judgement , in matters of such high import ( for the account was demanded by the return of the messenger ) because i had distinctly , and in plain english , declared my self , how farre my intent was to justifie the armie in their late and present proceedings , in my right and might , towards the end of the second section ; viz. in all such actions , which were of like tenour and import , with that of their late garbling , or sifting of the parliament , i. ( if english yet more plain can be spoken ) in all such actions ; the equity or justnesse whereof is not impeachable upon any other terms or ground , then that . sect. and truly sir , though i love not to look over narrowly for mens intentions at their left hands , yet when intimations this way are pregnant , and look me in the face , i dare not say , i see them not . i really wish that you could reconcile those passages in your printed letter , with such a friendlinesse of purpose towards me , as you professe , which my understanding , though assisted with much charity , knoweth not how to break , or tune into such an harmony . for i had much rather beleeve , though upon weaker and lesse convincing grounds , the friendlinesse of any man towards me , then the falsnesse of his heart , upon the clearest demonstrations . but to deale plainly with you , i must borrow the saith of that generation of men , who ( as solomon saith ) will beleeve every thing , to beleeve , that so many reproachfull terms as your pen mustreth up against me , as pope , new light , selfe-condemned heretique , and so many groundlesse suggestions , as that souldiers and officers of all degrees have been seduced by me , that the members of the house of commons now sitting , have been led out of the rode of their loyalty by me , that i greatly appeare in the face and body of my late discourse , intituled , right and might , &c. to teach things contrary to what i assert in my anticavalerisme ; and moreover , that so many instigations of persons of severall interests and capacities , independents , souldiers , parliament men , &c. to fall foule upon me , in case i shall refuse to do that , which is most unreasonable , sencelesse , and impious for me to doe ; i must ( i say ) borrow the faith of fooles , to beleeve that such symptomes as these , are consistent with a sound mind , or friendly purpose towards me , in him , on whom they are found . sect. whereas you very unworthily insinuate against me , that all independents in the army , as wel souldiers as officers of all degrees , may reasonably be judged to have been seduced by me , as likewise that the parliament now sitting , ( though you are not wise enough to cal them a parliament , nor to determine in what capacity they fit ) may have bin led out of the rode of their loyalty by the observation of my irregular motion , &c. the god on high , who must shortly judge both you & me , knows , & these worthy persons themselves , both parliament men & souldiers know , that i never was the man from whose tongue or pen the least word , or syllable , tending to the forming , fashioning , or directing of any their proceedings , ever came . onely when i clearly discerned , that through better teachings then mine , they were ingaged in wayes of conscience and honour , such as were ( through the blessing of god ) like to blesse the nation , wherin notwithstanding , in stead of thankes and encouragements deserved , they met with contradictions and hard sayings from many , and were ( with their lord and master ) numbred amongst transgressors , i conceived my selfe obliged in duty , to being forth the righteousnes of their cause into the clearest light i could , and to stop the mouthes of gainsayers with my pen . and therefore whereas you desire , that the members of the honourable house of commons now sitting ( though in what capacity you are not wise enough , you say ; not willing enough , i feare , to determine ) would change their game , and give over hunting of lions and wild boares , i mean the grand disturbers and destroyers of the nation , and pursue after dead dogs and fleas , or hunt partridges on the mountains , harmlesse , weake , and contemptible men , doe you not at once declare your selfe an enemy to the peace and safety of the kingdome , and to all those that are righteous and innocent in it , and a friend to thieves and murtherers . whether you do declare your selfe , or no , upon such terms as these , i am not wise enough to determine : but i beseech you doe your selfe judge . sect. but the high prize , which in your printed letter you run so shenuously to obtaine , is to disparage me as a man of a variable and inconsistent judgement , yea to article against me as a selfe-condemned heretique ▪ unlesse i shall presently with the turning of an hand , or in the twinkling of an eye , remove mountaines , ● . ( in your dialect ) give you such reasons for the change of my judgement [ since the writing of my anticaval●risme ] which may satisfie you , that they are of sufficient importance to make such an alteration in me . good sir , at this point i must deale plainly with you , and tell you ▪ that here you speak so irrationally , that you leave me very little hope of finding much strength of reason in those other writings of yours , the perusall whereof you commend unto me , and so have much obstructed my way to the reading of them . for first , must be needs be an heretique ( much more a selfe-condemned heretique ) who changeth his judgement , without giving an account unto the world of his change ? change of judgement even upon such termes as these , may as well be a reduction unto orthodoxisme , as a deviation unto heresie , secondly , every opinion , whether retained in judgement , or deserted , doth not make an heretique , whether in the one case , or the other . thirdly , as to the particular opinion , a recesse from which you presume in me , but prove not at all , and conclude to be heresie ; i desire to learn from you , when , where , or by what authour it was ever adjudged heresie , to hold , that whosoever sheddeth man● blood , be he never so high , or never so low , his blood lawfully may be shed by man in a judiciary way . fourthly , it is {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , an importune and very unreasonable demand , that a man should presently , and ( as it were ) with a wet finger , especially at all times , and under any circumstances whatsoever , give an account of the change of his judgement , though in the greatest and weightiest matters . fifthly , it is yet much more unreasonable , to stigmatize a man with heresie , unlesse upon the change of his judgement , he shall account to men of opposite judgement , for his change , in such arguments and grounds , which shall be satisfactory unto them , that such an alteration in him is justifiable . doe not your self say ( in the postscript of your printed letter ) that for a man to confesse himself convinced of an errour he hath made publique , especially if his judgment hath not bin swaied by weight of reason , but overballa●●ed by private interest , is one of the hardest points of selfdeniall ? so that ▪ according to your principles , he is an heretique , nay a self condemned heretique , who cannot justifie or maintain those opinions which he holds , by such arguments , which will make men of contrary judgement , deniers of themselves , yea and this in one of the hardest points of self deniall . if this bee your touchstone to try heretiques , and self condemned heretiques by ; i feare that neither you , nor any of your partie will stand before the touch . but sixtly ( and lastly , for this ) that which ( in this quarter of your discourse ) is at deepest and most desperate defiance with all principles of reason , and common sence it self , is , that you pronounce him a selfe condemned heretique , who shall not give such an account , as hath been described , and evicted for most unreasonable , unto you , and others , of the alteration , of his judgement . for ( i beseech you ) is it not possible for a man , to have grounds and reasons satisfactorie to himself , and to his own judgement and conscience , for what he holds , unlesse he publisheth them in print ? or is a man self condemned , who verily , and in the simplicitie of his heart beleeveth , that he hath sufficient ground , for what he holdeth , or professeth , unlesse he maketh publique profession of his grounds also ? were you a self condemned heretique , untill the other day , when ( as you say ) you took off your mask , and declared for the king , against both parliament , and armie , and their proceedings ? for doubtlesse till of late , you gave neither me , nor the world , any reason at all , much lesse any that did satisfie either me , or others ( as neither yet have you done ) that you were not , i will not say , in an heresie ; but , in an errour , or failer in judgement , whilest you stood by the cause of prerogative , and will , turning your back upon the cause of equitie , and of the just interest of the kingdome ; which , being interpreted , is none other , but the cause of god . were you therefore a man condemned in your self , because you did not justifie your selfe before others ? or if you were a man justified in your self , though condemned by others , whilest you kept your reasons and grounds to your self , of that opinion , for which others condemned you , why may not i be admitted to take part with you in the priviledge , upon the same terms ? sect. and whereas you essay to bruise the heele of my right and might well met , that so the credit of it may halt in the apprehension of men , by going about the bush to represent the author of it , as a man of a desultorie , and variable judgement , and hereby condemning himself of iniquitie ; i perceive hereby , that you deale more in colours , then in substances . for whatsoever my judgement was in the point you wot of , whether negative , or affirmative ; when i wrote my anti-cavalerisme , certain i am , and certain also might you have been , if you had looked a little better , before you had leaped , that there is nothing , either in the passage which you transcribe , or in any other part of the discourse , of any import for your turn , i mean , which asserteth , or presenteth it , as a thing unlawfull , to touch the lives of tyrants , or ( in your dialect ) of kings ( for day and night , it seems , to you are but ths same ) in a due processe or course of justice . again , whatsoever my judgment is now about the same question , or point , whether i judge it lawfull , or unlawfull , to smite the lives of tyrants , or king tyrants , with the sword of justice upon sufficient evidence of crimes deserving death : certain i am , that in my late discourse , intituled right and might , &c. i affirm nothing positively , on the one hand , or the other . suppose that in the one discourse some things were expressed not with so much steadinesse or circumspectnesse of terms , ( though i am conscious of no such defect here , as i shall account presently ) but that a weak understanding might inferre , and possibly think that my judgement stood against the lawfulnesse of all judiciarie proceeding , against kings , in matters of life and death ; and upon a like failing in my other discourse , ( though to my best understanding i am as blameles here , as in the other ) that i seem to hold a lawfulnesse of such proceedings ; must i upon the account of other mens weaknesse , or incogitancie in reading , be condemned for variablenesse in judgement , or as one , who have condemned my self of iniquity ? these ( questionlesse ) are prerogative dealings , and have no communion with principles of equitie , reason , or religion . sect. but because you seem rather to insult , then say ; that the passage by you transcribed from p. . of my anti-cavalerism , stareth the composer of my late pamphet in the face with a wide oden mouth , whereby ( if your rhetorique transcendeth not my grammar ) you mean , that it manifestly contradictetth what i affirm herein , suffer me in a few words to shew you how vain your rejoycing is in this behalf : for , first , that i speak nothing in the passage , concerning , much lesse against , any judiciarie triall of , or legall proceedings against kings , is cleare ; first , because in the very first words of the passage , which lead the sense of the whole , i use the expression of offering violence to the person of a king , or attempting to take a way his life [ viz. by violence ] now the taking away of the life a malefactour , by the hand of justice , in a due and regular processe of law , was never ( i beleeve ) by any man , termed the offering of violence to his person . secondly , that unlawfulnesse of offering violence to the person of a king , which i here insinuate , i oppose to the known doctrine and practice of the jesuites . now the manner and methord of offering violence to the persons , or of taking away the lives of kings which the iesuites both teach and practise , is known to be , not by bringing them to a judiciall tryall , or upon evidence of matter of fact against them , deserving death , but by wayes of assasination , poysoning , and such extrajudiciall and murtherous practises . thirdly , for the proofe of the unlawnes which i here plead , of taking away the lifes of kings , i mention davids conscience smiting him , when he came but so neer the life of a king , as the cutting off the lap of his garment . this also plainly shews , that the unlawfulnes of taking away the lives of kings , which i here maintain , onely respects the fact as perpetrated , or to be perpetrated , by private men , or out of a course of publique justice . for david , when his conscience smote him upon the occasion specified , was a private man . now for me to argue thus ; a private man and without due processe of law , ought to make conscience of taking away the life of a malefactor , how worthy so ever to die ; therefore a magistrate upon evidence of the fact in a legall way , ought to make conscience of it also , were to beat the aire , or to give water instead of wine . fourthly , by the tenor of the objection , whereunto the passage under contest is reponed by way of answer ( in part ) the relation and proportion between which , is soon seen in the discourse it self ( though it would be somewhat long here to argue it ) it evidently appears that the said passage looketh not towards any triall of kings for their lives by lawfull magistrates , but onely impleads all violence offered , or to be offered , to them , by private men . sect. nor doth the simile in the passage , wherein the ●ives of kings are resembled to consecrated corn , meet to be reaped or gathered by the hand of god himself , necessarily import any such thing as you would worm , and work out of it , as viz. that it should be sinfull , or unlawfull , for any man , or men whatsoever , in what case soever , to take away the lives of kings . because , whatsoever is done in a way of justice , and according to the will , word , or commandement of god , is frequently in scripture , and may in sufficient proprietie of speech , be said to be done by god himself . this rule , though perhaps you cannot finde in the homilies of the church of england , yet may you finde it more then once in the writings of reformed divines . it is frequent in the scriptures ( saith mr. ainsworth ) to make one the doer of a thing , which hee commandeth to be done . * thus ioshua saith unto achan : insomuch as thou hast troubled us , the lord shall trovble thee this day . immediately it follows : and all israel threw stones at him , and burned them with fire , &c. * the lord himself is said to have troubled achan , because what ioshua and the people did to him in this kinde , was according to his will and appointment . thus god himself said unto moses , i will smite with the rod that is in mine hand upon the waters * : whereas the sequell plainly sheweth that it was aaron , and not god himself , otherwise then by his command , that smote therewith upon the water . see also matth. . . cor. . . upon the former of which places , zanchie ( i well remember ) delivereth the same rule , for substance , with that mentioned from m. ainsworth . so then , god having commanded , that who so sheddeth mans blood , by man shall his blood be shed ; * whose blood soever is shed in a regular obedience to this command , may be said to be shed by by god himself . sect. nor will those words in the passage , wherewith you make your capitall flourish , in vvhat case soever , any whit more countenance your forged cavillation , if you mind the words immediatly following . the intire clause is this : wee conceive it to be the just prerogative of kings , in what case so●●●● , to bee secure from the violence of men . you by making majorites of those words , in vvhat case soever , and minorites , of those which follow , would ( as it should seeme ) faine imply , that those words , which you make great , comprehend more , and extend farther , then their fellowes following them , which you make little as viz. not onely to secure kings from the violence of men ( whereunto they are expresly limitted ) but from the justice of god also administred by men . take heed what y●● doe ( sayth the good king jehosaphat to the judges which he appointed in the land ) for ye execute not the judgements of men , but of the lord , and he will be with you in the cause and judgement , take heed and doe it : for there is no iniq●itie with the lord our god , neither respect of persons . * besides , if i should have intended to say , without all limitation and exception whatsoever , that it were the priviledge of kings , not to have their lives taken from them by men , without sin , in what case soever , i must have supposed , that the philistines sinned in flaying saul in battle ; that eliud sinned in killing eglon , joshua in putting so many kings to the sword , as hee did , samuell in having agag to pieces &c. which certainly never came within the verge of my thoughts nor ( i think ) of any other man , who knew his righthand from his left in matters of religion . sect. nor is it of any value for the crediting of your deduction from the passage in hand , to pretend and say , that if i intended no other security therein unto kings , then onely from the violence of men in an extrajudiciall way , i made them herein but equall unto private and ordinariemen ; it being the privilege , of the meanest of men , that their lives cannot be taken from them without sin , otherwise then by the sword of the magistrate , and that in a due processe of law for to this the answer is easy ; that there is no inconvenience or absurdity in it at all , to assert that in an emphaticall and peculiar way unto kings , which in a generall consideration belongs unto other men also . the scripture it selfe doth this frequently . the apostle peter , chargeth christians to honour the king : and yet in the same verse , and in the same terme , hee commandeth them also to honour all men . * in like manner , it is written ( saith the apostle paul ) thou shalt not speake evill of the ruler of thy people : * and yet the same apostle asserts the same priviledge ( i meane , of not having evill spoken of them ) unto all men ; charging christians ( and in them , all others ) to speake evill of no man . yet againe , he exhorts that supplications , prayers , intercessions , and giving of thanks be made for all men ; and immediatly adds , for kings , &c. so that it is no soloecisme at all in reason , or discourse , either to say , or imply that common privileges , having an accent put upon them , are presents for kings . more might be added upon this account : but i desire not to be tedious unto you ▪ sect. thus then you see sir , or cannot lightly but see , how strangely you were mistaken in construing that passage of mine , which you cite in your printed letter . {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} : your treasure , prove but coales . i beseech you take the advantage of the present occasion , and consider with your self so much the more narrowly , whether in many other cases , as well as this , the shaddowes of the mountaines doe not seeme men unto you . and yet i confesse that c. b. hath justified p. d. in his un-cleark-like and frothy mistake . for he being a d. d. standing in christs stead , and speaking in christs name , unto men , abused at once his great lord and master , his auditorie , his calling , his brother , and himself in a most desperate and shameful manner teaching for doctrine the empty traditions of your pen , and making part of his audience glad , and part sad , with that lie , which the sight of your paper ( it seemes ) had put into his unhallowed mouth . before i leave the businesse in hand , because i would secure you against all mistakes , ( if it be possible ) i beseech you once againe that you will please tounderstand , that in all that i have said to vindicate the innocencie of my mis-understood passage , from the offence , which either you take at it , or would fasten upon it , i have said nothing , either by way of affirmation , or negation concerning the state of my judgement , about the question of the lawfulnesse , and unlawfulnesse , of judiciall procedings against kings , at the time when i composed my anti-cavalerisme . all that i have said or done , upon this account , amounts to no more , then onely to a cleere probation , that there is nothing at all in the passage so oft mentioned , that can reasonably , or with any tolerable construction of the words , be drawne to a comportance with their judgement , who judge it absolutely unlawfull to subject kings to that righteous law of god , which saith , that who so sheddeth mans blood , by man shall his bolod be shed . sect. but good sir , suppose it should be granted you , that in the passage you transcribe , icleerly shew my self to have been of your judgment , touching the unlawfulnes of all judiciarie proceedings against the lives of kings , what earnings can you make of it ? or upon what ground of reason , or with what face of ingenuity , can you upon such a supposition , prejudge me a self-condemned heretique , unles i shal either strengthen your hand by a publique avouchment of my standing in the same judgement still , or weaken it , by giving such an account of the alteration of my judgement , which may satisfie you ? if you shall pretend , that the reason why you would tie mee to this sowre apple-tree , is , because i speake doubtfully upon the point in my right and might , my cleere answer is , that in this discourse i interpose nothing at all concerning it , unless ( haply ) it be , by holding forth and asserting such grounds , in order to the cleering of another question , wherein ( possibly ) you , and others of your judgement may conceive , that the negative of what ( according to the supposition mentioned ) i formerly held touching the universall exemption of kings from triall , is concluded also . but sir , give me leave to say , that if those grounds and principles of reason and religion , which i assertin my discourse , and upon which the whole fabrique of it is built , be first in themselves solid and cleere : and secondly doe with alike soliditie and cleereness , contradict and overthrow that judgement of yours , which you suppose to have been sometimes mine with you ; then i have already performed that hard taske , which upon your supposall of the alteration of my judgemennt , you impose upon me ; and have given you and others , such reasons , which may , and ought to satisfie all reasonable men touching such an alteration of judgement in me . if the said grounds , be not solid and cleare in your apprehension , and withall seem to you to oppose that judgement of yours , which ( as you will needs suppose ) was sometimes mine , the confutation of them lieth upon you , not upon me , who judge them inconfutable . and howsoever it is a thing ridiculously ●●reasonable , for a man , when his judgement is opposed in a discourse , to impose upon the author a confucation of his own discourse . or if this be the task you would enjoyn me , to declare whether these principles and grounds . i assert , doe contradict and overthrow that judgement of yours ( supposedly mine quondam ) this is ( in a manner ) as unreasonable , as the former . for it is a labour of much difficulty , and requiring long study , and in some cases not far from an impossibitie , for a man to beat out all the particular consectaries , consequences , and conclusions , which are virtually contained in all such principles , which he hath occasion to deliver and assert . if you shall yet pretend and say , that what you desire of me to vindicate my selfe , is obvious , and easie to be done , being no more but this , that i would declare , whether i conceive , or apprehend , that supposed former judgement of mine concerning the untouchablenesse of the lives of kings , to bee consistent with those grounds and principles , which i build upon in my late discourse : i must again answer , that such a thing as this is indeed easie to be done , but no ways honourable or comely , for me in this , nor for any man else to doe in the like case . hee that shall ( especially in publique ) deliver his judgement , in matters of great weight , presently , yea without a proportionable retirement of himself for the exact casting up of all particular accounts relating to such an undertaking , apparently runs a double hazard ; the one , of misleading others ; the other , of dishonour to himself . sect. and thus sir you see , how every waies unreasonable , uncivil , and importune that imposition is , which you lay upon me ; i must be , by your award , a self condemned heretique , unlesse to gratifie your prerogative humour , i shall acquit my selfe from that , which is no crime , by an act of self condemnation . sect. whereas you say , that for ought you know , i am the first , and onely minister of any reformed church , that ever was of this , by my self stiled iesuiticall , opinion ; but are not able to bring the least proof that i am of any such opinion , which i so stile , i should sin against the law of charitie , which forbids me to suffer sin to rest upon my brother , if i should not reprove you for it , as a saying of as much unworthinesse , as could lightly fall from the pen of a sober man . for , i beseech you , where are your evidences , where are your proofes , nay where are your presumptions , where are your shaddows of conjecture , that i am of any such opinion , which is by my self stiled , iesuiticall ? for ought i know , you are the first and the onely man professing christianitie , who ever aspersed mee with the blot , or blood rather , of such an opinion . but if a declaration of my self ▪ against this opinion ▪ will satisfie you , i here professe , with an heart enlarged , and mouth wide opened , in the presence of heaven and earth , of god , angels , and men , that i seriously detest and abhorre that opinion , which is by me stiled , iosuiticall . but if you suppose that opinion , to be by me stiled iesuiticall , which maintaineth a lawfulnes of judiciarie proceedings , as well against kings as other men ; supposing withall that i am of this opinion ( though i am as yet sensible of no obligation upon me to tell you whether i be of this opinion , or no ) yet i must inform you of this , that in case i be of the opinion , i neither am the first , nor the onely minister ( by many ) of the reformed church , who so judge : yea , and were not my inclination strong , to hope the best , untill i know the worst , i could hardly allow you the sanctuary of those words , for ought i know , as clean , for your refuge . it is very hard to beleeve , but that you know that many ministers of the reformed church have been of that opinion before , and besides me , if i should be of it . or if you do not ( indeed ) yet know it , mr. prynn's large tract , intituled the soveraign power of parliaments , and kingdomes , published in the year . if your please to peruse it , will abundantly satisfie you in this behalf . in the very front and title page of this book he rejoyceth over it , as being such a piece , wherein the superioritie of our own , and most other forraign parliaments , states , kingdomes , magistrates , collectively considered , over and above their lawfull emperours , kings , and princes , is aboundantly evinced , confirmed by pregnant reasons , resolutions , precedents , histories , anthorities of all sorts , &c. pag. . of his discourse , he cites a large passage from zuinglus , which begins thus : when princes shall act perfidiously and besides the rule of christ , they may , [ cu● deo ] with gods leave , or approbation , be deposed , by the consent and suffrage , either of all , or of the better part of the people . afterwards , in the same passage , the authour imputes it to the defact of publique iustice , that the wickednesses of tyrants escape without punishment , as they doe . and ( saith he ) there wants not wayes or means , for the taking away of tyrants , but there is a mant of publique iustice ( with much more of like import . ) in the same page there is a passage likewise of calvin , which makes it dissimulation joyned with nefarious perfidiousnesse , and a fraudulent betraying of the libertie of the people , in magistrates , if they connive at kings outragiously encroaching upon , and insulting over the inferiour common people , and shall not withstand their raging licentiousnesse , &c. but there is a book intituled , lex , rex , printed here at london , anno . composed ( as is said , and as the stile , and worth of it importeth , though the stile of it , i confesse , is the least part of its worth ) by a minister , a man of the greatest eminencie for parts of learning and judgement in the whole kingdome of scotland , and ( if fame bee not a flatteresse ) inferiour to none in pietie ; this book i would gladly recommend to your serious perusall , if you have not already met with it . to relate what this author sayes of his own , and citeth of other mens , in full comport with the opinion now enquired after , would farre exceed the bounds of my intended answer . take a first fruits of the harvest . if a king ( saith this authour , pag. . ) turn a parricide , a lyon , a waster , and a destroyer of the people , as a man he is subject to the coactive power of the laws of the land . if any law should hinder that a tyrant should not be punished by law , it must be , because he hath not a superiour , but god : for roiallists build all upon this ? but this ground is false : for the estates of the kingdom , who gave him the crown , are above him , and they may take away , what they gave him , as the law of nature and god saith . the substance of this passage he proveth by severall substantiall arguments following . pag. . he saith thus : wee hold that the law saith with us , that vassals lose their farme , if they pay not what is dve . now what are kings , b●● vas●als to the state , who , if they turn tyrants , fall from their right ? again p. . . if then any cast off the nature of a king , and become habitually a tyrant , in so far he is not from god , nor any ordinance which god doth own . a while after , thus ; there is a court of necessitie , no losse then a court of justice ▪ and the fundamentall laws must then speake ; and it is with the peopl● in this extremitie , as if they had no ruler . many other passages there are in this piece relating to the cause in hand , which i respit to your perusall of it . sect. to draw to a con●lusion ; you tell me towards the close of your paper , that by a perusall of the books and papers which you sent unto me , i may peradventure finde more cause to retract the main scope of my whole anti-cavalerisme , then the above mentioned passage thereof . truly sir , if upon the peruseall which you recommend unto me , i shall finde no more cause to retract the main scope of my discourse , then i have yet found to reverse the passage you speak of , i shall finde none at all . howsoever , if you have acquited your self in these writings , like a work man that need not to be ashamed , you could not have recommended their perusall to a man more proselyteable , then i. ballance my reasons and grounds , and i shall demurre ; over poise them , and i am yours . one of my chiefe imployments is , quotidiè de erroribus meis demere : and i shall be really and heartily thankfull unto you , or any man , that will help me in my work . i have not the least expectance that any errour should ever blesse me ▪ least of all those , which i have published to the danger of others . make me to see in the one , what i apprehend in the other , and my anti-cavalerisme shall be no more to me , then your {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . the grounds i build upon in the discourse , as i remember are but few , the number of them , but five : their names those , first , that kings have no power , but what is given unto them , either by god , or men . secondly , that god gives power or authoritie unto no man to doe unrighteously . thirdly , that if men give any such power , it is a meere nullitie . fourthly , that to resist any power , which god hath not given , is not to resist any ordinance of god , nor sinfull . fifthly , that self defence incase of lawlesse opposition , or assault , is a cleare dictate of the law of nature . whether there he any more of this kinde , or no , in that discourse , i doe not at present perfectly remember . doe but either shake these foundations , or discover to me , that i have built besides them , you and i shall agree in two words about the retractation of the main scope of my anti-cavalerisme . i thought to have drawn forth after the same manner , the principles upon which my right and might , stands : but these being many more in number , i shall not tempt your patience with the muster of them . onely i freely make the same offer concernning these , which i did about the other ; either present mee with such other principles and grounds , which will serve these , as aarons rod did the rod of the inchanters , devoure them ; or shew me , where my building stands awry , or off from my foundations ; and the same hand which built it , shall soone pull it down . not to be further troublesome unto you at present , if you please to strike talies , and take satisfaction for my boldnesse from the consideration of your own , i shall take it as a pledge of christian ingenuitie from your hand . howsoever , you may aslure your upon sufficient ground , that , any thing in these papers notwithstanding , i am , sir your very loving friend , john goodvvin . colemanstreet jan. . . postscript . i acknowledge that since the printing of the former part of this answer , i received a printed copie of that letter from you , which towards the beginning hereof i deny to have received . errata page . line . for {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , reade {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . p. l. . for shenuously reade strenuously . p. . l. ● . for ground , r. ground● ▪ p. . l. . for the , r. the . p. . l. ● . for methord , r. method . p. . l. . for limitted , r. limited . p. . l. . for bolod , r. blood . l. . after , in r. this . notes, typically marginal, from the original text notes for div a e- {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . * in numb. . * ioh. . . * exo. . . * gen. . . * chro. . , . * {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . pet. . . * act. . . * tit. . . * tim. . . ad poenitentiam properat , qui citò judicat . by the king and queen, a proclamation for dissolving this present parliament and declaring the speedy calling [of] another england and wales. sovereign ( - : william and mary) approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing w estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) by the king and queen, a proclamation for dissolving this present parliament and declaring the speedy calling [of] another england and wales. sovereign ( - : william and mary) william, iii, king of england, - . mary ii, queen of england, - . broadside. printed by charles bill, and the executrix of thomas newcomb ..., london : . "given at our court at whitehall the sixth day of february , in the first year of our reign." reproduction of original in the british library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng proclamations -- great britain. great britain -- history -- william and mary, - . great britain -- politics and government -- - . - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion diev et mon droit honi soit qui mal y pense royal blazon or coat of arms by the king and queen , a proclamation for dissolving this present parliament , and declaring the speedy calling another . william r. whereas we have thought sit , for divers important and weighty considerations , by and with the advice of our privy council , to dissolve our present parliament , which now stands prorogued to the second day of april next ; we do for that end publish this our royal proclamation , and do hereby diss ; olve the same accordingly : and the lords spiritual and temporal , and the knights , citizens and burgesses of the said parliament are discharged from their meeting upon the said second of april . and to the intent our good subjects may perceive the confidence we have in their good affections , and how desirous we are to meet our people , and have their advice in parliament , we do hereby make known to our said subjects , that we have given directions to our lords commissioners of our great seal , for the issuing out of writs in due form of law for the calling of a new parliament , which shall begin and holden at westminster on thursday the twentieth day of march next . given at our court at whitehall , the sixth day of february . in the first year of our reign . god save king william and queen mary . london , printed by charles bill and thomas newcomb , printers to the king and queens most excellent majesties . . the generall complaint of the most oppressed, distressed commons of england. complaining to, and crying out upon the tyranny of the perpetuall parliament at westminster. / written by one that loves, serves, and honours the king, and also holds the dignity of a parliament in due honourable regard and reverence. jo. ta. taylor, john, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing t thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) the generall complaint of the most oppressed, distressed commons of england. complaining to, and crying out upon the tyranny of the perpetuall parliament at westminster. / written by one that loves, serves, and honours the king, and also holds the dignity of a parliament in due honourable regard and reverence. jo. ta. taylor, john, - . p. by l. lichfield, [oxford : ] jo. ta. = john taylor. caption title. imprint from wing. annotation on thomason copy: "oxon sept: th ". reproduction of the original in the british library. eng england and wales. -- parliament -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason e _ ). civilwar no the generall complaint of the most oppressed, distressed commons of england.: complaining to, and crying out upon the tyranny of the perpet taylor, john b the rate of defects per , words puts this text in the b category of texts with fewer than defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion the generall complaint of the most oppressed , distressed commons of england . complaining to , and crying out upon the tyranny of the perpetuall parliament at westminster . written by one that loves , serves , and honours the king , and also holds the dignity of a parliament , in due honourable regard and reverence . jo . ta. it is needlesse to demand , from what shire , county , city , corporation , town , burrough , village , hundred , hamlet , house , family , persons or person this complaint comes , for it were a rare search , and would trouble the braines of all the cunning men , and wisest mathemagicians , with all the judiciall astrologers , and fortune-telling figure-flingers , to tell us truly where this complaint is not . it is so universall epidemically generall , that whosoever hath not a greivous sence or remorcefull feeling of it , hath a soule stupified , and a conscience benum'd mortally with a dead palsie . we the most miserable amongst men , do make humble suite to you , who ( next to our sinnes and selves ) are the cause and causers of our miseries , you do best know the nature and condition of our greifes , you had the power , will and skill to wound us , and you have the art and knowledge to make us whole ; you have the secret vertue which is faigned to have been in achilles his launce , to hurt and cure . we are sure that the king most graciously eas'd and removed all our greivances , ( or as many as we complaind on ) there was not a monopoly , a tax , toll or tribute left , that was greivous or justly offensive , but they were all either made voyd , or mitigated , neither did his majesty deny you any thing that you did demand , nor you ever grant him any thing that he requested ; and to our griefes we speak it , it had bin better he had been more sparing of his royall grants , except you had more . loyally and gratefully dealt with him , and acknowledg'd them . we need not tell you , that the protestant religion is almost cast out of the kingdom by you . it is impertinent to give you notice how you have us'd the king , so that the meanest of your selves would be loath to be so dealt withall ; how we have been beggard and ruin'd by you , we know ▪ how you have inrich'd your selves by undoing us , you know , and when you will endeavour to seek peace , and cease those mischiefes which we suffer , god knowes . selfe do , selfe have , is an old english proverb . it is only our own doings that hath undon us , it was our tongues that extold you , it was our voyces that was your advancement , it was our noyses that elected you to that power , which you have turn'd into intollerable tyranny , it was we that did rend our throates for a kimbolton , a hampden , a pym , a martin , a haslerigge , a hollis , and a great many more then a good many . it was we that made you knights and burgesses for the shires , counties , cities , townes , burroughs , corporations ; and for us , it was our follies to do all this for you , for which it is too too manifest what you have done for us . thus by our meanes you were rais'd , and by our ruines you are inrich't . the premisses considered , we humbly beseech you to take these few following lines into your serious considerations , and at your pleasure or leisure , confute them if you can . it is a maine point of romish doctrine , that the pope cannot erre in matters of faith , ( which error of theirs is far from our opinions ) but this we are too sure of , that you have all erred in matters of trust . we the freeholders and commons of england do lamentably know and feell it ; folly and foolishnesse , are the only opposites to wisdome , and knowledge hath no enemy but ignorance , this being confest , we pray you to remember , that our rash folly elected you to be the representative body of the kingdome , which we did acknowledge you to be ; and we most humbly desire you to consider , that we are the body of the kingdome represented ; now as a thing representative is but a derivative from that which is the represented , so is your power derived from us , and from us who are but men full of infirmities and errors ; though our voyces had power to give you power , to be a house of commons in parliament ; yet from those voyces and folly of ours , we had not power to infuse infallible and inerrable wisedom into you . wee ( as men ) confident of your integrity , did chuse you as our proctors and atturnies , the kings majesty , with his best councell , and we ( the poore commons ) entrusted you with all we had , but we had no mistrust that you would deceive us of all we had , we trusted you to maintaine our peace , and not to imbroile us in an universall endlesse bloudy war . we trusted you with our estates , and you have rob'd , plunder'd , and undon us ; we trusted you with our freedomes , and you have loaden us with slavery and bondage , we trusted you with our lives , and by you we are slaughter'd and murther'd every day . we trusted you not with our soules , and yet you with a new legerdemain doctrine , a jugling kind of preaching , a pestiferous swarme of preachers , a mechanick kennell of illiterate knaves , with the threats and tyranny that you have used to us , and the execrable covenants which you have forc'd us to take , we might with as much safety , and lesse hazard , have trusted our soules with judas , julian th' apostate , or the divell himselfe , as with you , or your doctrines . many thousands of soules , ( loaden with their sinnes ) are impenitently parted from the bodies of his majesties subjects ( by your seducements and inforcements ) and ( alas ) few of them knew the cause wherefore they fought , or wherefore they so cruelly kill'd one another . you will say , that you fought for the protestant religion , ( that 's a lye ) it is known , that it was never offer'd to be taken from you , and that his majesty will live and dye in it , and the defence and maintaining of it ; doe you fight against the king , as fearing he would take from us our lawes and liberties , in those points we plainly perceive , that he never intended any such wickednesse ? but if he had had any such unkingly and tyrannicall intention , you have prevented him , and done it your selves . doe you fight against him , and murther his loving subjects , for feare that he should bring in forreigne-nations to destroy us , ( which thought never entred into his royall heart ) but you have done the same , both against his majesty and us , you have at exceeding rates and prices ( with our monies ) bought rebellious scots , who have sold themselves to you , and to work wickednesse , no purpose to ruine the king , the kingdome , you and us , and as the divell could not overthrow man without the help of the woman , so you could never destroy this church and state without your golden temptation of those accursed hirelings , which if you were to fell them againe , at halfe a quarter of the price they cost , it must be at a very deere market . it is an old saying , that the king of spaine is a king of men , because the spaniards ( as men and loyall subjects to him ) doe honour , obey , and serve him . that the french king is a king of asles , because of the insupportable heavy burthens , taxes , and slavery which they undergoe and tamely beare . but ( 't is said ) the king of england is a king of devills , because of their disobedient murmurings , and often rebellion . for the nature of an english man is , not to know when things are well , which if we would have knowne , things had not now been so bad as they are . doe you fight against the king to remove some evill councellors from him ? we know that you have long fidled upon that string , yet you could never name one of those counsellors , nor relate any particulars against them , that might so much , as put a scratch , scarre , or spot upon their integrity , either to his majesty or the publique good ; all that can be said , either against the king , queene , nobility , or any loyall royalist , is vented through your learned conduite pipe , mercurius britanicus , who ( by your especiall favour and command ) railes and reviles , sheetly , weekly , most wickedly weakly , cum privilegio . thus we perceive , that you pretend to fight for the protestant religion , and all the world may see and say , you have made a delicate dainty directory , new religion of it . and you have fought for the king , ( and that is most certaine ) you have fought and sought for the king , but it hath been to catch him , and make him no king . you have fought for our liberties , and have taken them from us , you have fought for the gospell , and have spoyl'd the church , you have fought for our goods , and yee have em , and you have fought to destroy the kingdome , and you have done it . what can you doe , or what would you doe more ? and still you persist in these impious courses , and there is no hope of any end of our sufferings . the many gulleries , that you have put upon us , would fill a large volume , if they should be written or printed ; and because you shall not think us to be fencelesse , or such block-heads as you would make us , you shall know that we know somewhat . and to lay aside all old dogge-tricks , how this rebellion hath been a brewing more then yeares , we will let you know , that we know many of your state sleights and policies within these three yeares , &c. you have extorted great summes of mony from us , under the pretence of relieving of ireland , and with the same monies , you have maintain'd a bloudy warre in england , so that whatsoever was raked from us , for the preservation of one kingdome , you have imployed for the destruction of three ; for england is cheated , ireland , defeated , and scotland is heated in her owne dissentious flames . you have pretended treaties for peace , when ( god knowes ) peace was never in your thoughts , ( as by your impudent propositions and demands may appeare ) for if the turke had made a conquest here , he could not have devised , or would not have enjoyn'd and tyed the king , and his true liedge people to harder conditions , and then ( to salve your reputations ) you have caused your lying lecturers , and slanderous pamphlets to revile the king , and lay all the fault on him for the breaking off of the treaties , when as you had consulted , and knew before , that your unreasonable demands , neither would or could be granted . you have abused and mock'd god , with false and forged thankesgivings , for such victories as never were , and with your sophisticated triumphs of guns , b●lls , bonefires , ballads , libells , and other imposture-like expressions , whereby we have been seduc'd and encouraged to give more and more contributions , and buy our owne utter undoeings , for ( like corrupted and covetous lawyers ) you would not take so much paines , or doe us the curtesie to begger us gratis , to ruine us for nothing ; and you would not by any entreaty make us miserable at a cheap rate , or except we gave you our , monies , almost to the uttermost farthing . many of your faction ( like decoy ducks ) brought in their plate and monies at the beginning of this rebellion , in large proportions to the gull-hall of london , whereby thousands of people were gull'd , by deed of guift , ( or deeds of shift ) and new found loanes , and contributions , to maintaine your greatnesse , and feed your bottomlesse avarice , whilest we , and the rest of your new shorne sheep , had no other assurance , but the ayery pawne of a confounding faith , call'd publique ; and those cheating decoyes , who first gave , and lent to draw poore fooles on , those knaves had their plate and monies privately delivered to them againe , whilest ours was accursedly imployed against the true religion , a just king , and all his loyall protestant subjects . you have ( to make your victories seem great ) caused many of your owne tattard ensignes , cornets , or colours of foot and horse , with many armes , to be privately sent out of the city in an evening at one port , and brought in at another port in the morning in triumph , making the people beleeve , that those colours and armes , were taken from the king at such and such a battell ; and this trick hath hook'd us into more chargeable and rebellious contributions . you have caused thousand of armes to be bought and brought from forreigne nations , and those armes , you have proclaim'd to be taken at sea , and that either the king had bought them to make warre against the parliament , or that they were sent him for that purpose , from some catholique prince ; and this slight of hand , hath often jugled away our monies . you have many times , made women believe that their slaine husbands who went forth with you alive , were alive still , in such or such garrisons of yours , when you knew the same men were killed , and left dead in ditches for crowes meat , but that his majesty gratiously caused the dead to be buried , and the maimed and wounded , to be relieved and cured . you have contrived letters in private chambers , and you have subscribed them from forraigne kings and states , or from the queene to the king , or to some other persons of worth and eminency neer his majesty , which letters have been as full of forged dangerous consequences , as your wicked braines could thrust or foist into them ; and by some miraculous way , the said letters have been either intercepted on the land ( by some vigilant great commander of yours ) or they have been said to be taken at sea by your valiant admirall ; then are those letters openly read , and copied out a thousand waies , printed ten thousand waies , disperst a hundred thousand waies , and believed by millions of people , by the prateing of your preachers and pamphlets , which tricks have cost us some millions of money , with many thousand of our lives . you have many times taken ( or intercepted ) letters which have been sent from some of his majesties armies , garrisons , or some other true and loyall places or persons , or from the king or queene , one to another ; and those letters have been publiquely read and printed , but you have new moulded them , you have made your own constructions and interpretations on them , and in a word , you have not only the procreating art , to beget and engender such newes , as you please to have ; but also you are fruitfull in conceiving , and producing such letters as hath or may be most for your advantage ; as lately you have used in his majesties cabinet , which you took at naseby , and brake open at westminster , and made the letters therein , to speake what you would have them ; but ( maugre all your malice ) the said letters are as so many christall mirrours , wherein his kingly care , his christian piety , his immoveable constancy , in the service of god , in the protestant religion , in the peace of his kingdoms , and in the well-fare of his subjects , all these his letters doe shew ( in despight of your wrested comparisons , and mingle , mangle jugling alterations ) his transcendent goodnesse , and most gratious inclination , and royall resolution , and withall , your mischievous intentions are plainly manifested , in that you still persist in your wicked courses against so gratious a soveraigne . but there are more judicious , learned , and grave writers then any of us ( your oppressed complainants ) whose pens have better described your playing fast and loose in this kind , to whose better informations we leave you . we doe most heartily wish , that you were all as weary of being tyrants , as we are in bearing the insupportable burthens of your tyranny ; we doe humbly beseech you to be pleased to give over beggering and killing of us , we pray you to suffer us to live and enjoy the protestant religion , we desire you to let us feed and subsist upon that little which you have left us ( against your wills ; ) and lastly , we entreat you not to enforce us into a desperate condition , and make us doe we know not what . his majesty , as a true defender of the true faith , doth with truth defend that faith , and he hath most graciously often offered you peace and truth , both which you pretend , but you intend neither . lay down your armes , that 's the nearest way to a peace , and leave lying , and you shall have truth . if you will not , we would have you know , that we must take a course , that neither our purses or persons , shall not long maintaine you and your rebellious garrisons , ( who are no other but dens of theeves ) and as our tongues did lift you up , and made you able to abuse the king , the religion , church , and kingdome , so our hands must help to pull , or knock you downe , to recover part of that of which you have bereft us , and to keep about us to relieve us , that little which yet we have left us . finis . sir josiah child's proposals for the relief and employment of the poor child, josiah, sir, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; 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(eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) sir josiah child's proposals for the relief and employment of the poor child, josiah, sir, - . p. s.n., [london : ?] caption title. place and date of publication suggested by wing. reproduction of original in the british library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng poor -- england. public welfare -- england. great britain -- politics and government -- - . - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion s ir josiah child's proposals , for the relief and employment of the poor . this is a calm subject , and thwarts no common or private interest amongst us , except that of the common enemy of mankind ( the devil ) so i hope that what shall be offered towards the effecting of so universally acceptable a work as this , and the removal of the innumerable inconveniences that do now and have in all ages attended this kingdom , through defect of such provision for the poor , will not be ill taken , although the plaster at first essay do not exactly fit the sore . in the discourse of this subject , i shall first assert some particulars , which i think are agreed by common consent , and from thence take occasion to proceed to what is more doubtful . . that our poor in england have always been in a most sad and wretched condition , some famished for want of bread , others starved with cold and nakedness , and many whole families in all the out-parts of cities and great towns , commonly remain in a languishing , nasty and useless condition , uncomfortable to themselves , and unprofitable to the kingdom , this is confessed and lamented by all men. . that the children of our poor bred up in beggery and laziness , do by that means become not only of unhealthy bodies , and more than ordinary subject to many loathsome diseases , whereof very many die in their tender age , and if any of them do arrive to years and strength , they are , by their idle habits contracted in their youth , rendred for ever after indisposed to labour , and serve only to stock the kingdom with thieves and beggers . . that if all our impotent poor were provided for , and those of both sexes and all ages that can do work of any kind , employed , it would redound some hundreds of thousands of pounds per annum to the publick advantage . . that it is our duty to god and nature , so to provide for , and employ the poor . . that by so doing one of the great sins ( for which this land ought to mourn ) would be removed . . that our fore-fathers had pious intentions towards this work , as appears by the many statutes made by them to this purpose . . that there are places in the world , wherein the poor are so provided for , and employed , as in holland , hambrough , new-england and others , and as i am informed now in the city of paris . thus far we all agree : the first question then that naturally occurs is , question , how comes it to pass that in england we do not , nor ever did comfortably maintain and employ our poor ? the common answers to this question are , two . . that our laws to this purpose are as good as any in the world , but we fail in the execution . . that formerly in the days of our pious ancestors the work was done , but now charity is decreased , and that is the reason we see the poor so neglected as now they are . in both which answers ( i humbly conceive ) the effect is mistaken for the cause : for though it cannot be denied , but there hath been , and is a great failure in the execution of those statutes which relate to the poor , yet i say , the cause of that failure , hath been occasioned by defect of the laws themselves . for otherwise , what is the reason that in our late times of confusion and alteration , wherein almost every party in the nation , at one time or other , took their turn at tbe helm ; and all had that compass ( those laws ) to stear by , and yet none of them could , or ever did , conduct the poor into a harbour of security to them , and profit to the kingdom , i. e. none sufficiently maintained the impotent , and employed the indigent amongst us : and if this was never done in any age , nor by any sort of men whatsoever in this kingdom , who had the use of those laws now in force , it seems to me a very strong argument that it never could , nor ever will be done by those laws , and that consequently the defect lies in the laws themselves , not in the men , i. e. those that should put them in execution . as to the second answer to the aforesaid question , wherein want of charity is assigned for another cause why the poor are now so much neglected , i think it is a scandalous , ungrounded accusation of our contemporaries ( except in relation to building of churches , which i confess this generation is not so propense to as former have been ) for most that i converse with , are not so much troubled to part with their money , as how to place it , that it may do good , and not hurt to the kingdom : for , if they give to the beggers in the streets , or at their doors , they fear they may do hurt by encouraging that lazy unprofitable kind of life ; and if they give more than their proportions in their respective parishes , that ( they say ) is but giving to the rich , for the poor are not set on work thereby , nor have the more given them ; but only their rich neighbours pay the less . and for what was given in churches to the visited poor , and to such as were impoverished by the fire ; we have heard of so many and great abuses of that kind of charity , that most men are under sad discouragements in relation thereunto . i write not this to divert any man from works of charity of any kind : he that gives to any in want does well , but he that gives to employ and educate the poor , so as to render them usefull to the kingdom , in my judgement does better . and here by the way , not to leave men at a loss how to dispose of what god shall incline their hearts to give for the benefit of the poor , i think it not impertinent to propose the hospitals of this city , and poor labouring people that have many children , and make a hard shift to sustain them by their industry , whereof there are multitudes in the out parts of this city , as the best objects of charity at present . but to return to my purpose , viz. to prove that the want of charity likewise that is now , and always hath been , in relation to the poor , proceeds from a defect in our laws . ask any charitable minded man as he goes along the streets of london , viewing the poor , viz. boys , girls , men and women of all ages , and many in good health , &c. why he and others do not take care for the setting those poor creatures to work ? will he not readily answer , that he wisheth heartily it could be done , though it cost him a great part of his estate , but he is but one man , and can do nothing towards , it , giving them money as hath been said , being but to bring them into a liking and continuance in that way . the second question then is , question . wherein lies the defect of our present laws relating to the poor ? i answer , that there may be many , but i shall here take notice of one only , which i think to be fundamental , and which untill altered , the poor in england can never be well provided for , or employed ; and that when the said fundamental error is well amended , it is almost impossible they should lack either work or maintenance . the said radical error i esteem to be the leaving it to the care of every parish to maintain their own poor only ; upon which follows the shifting off , sending or whipping back the poor wanderers to the place of their birth , or last abode : the practice whereof i have seen many years in london , to signifie as much as ever it will , which is just nothing of good to the kingdom in general , or the poor thereof , though it be sometimes by accident to some of them a punishment without effect ; i say without effect , because it reforms not the party , nor disposeth the minds of others to obedience , which are the true ends of all punishment . as for instance , a poor idle person , that will not work , or that no body will employ in the country , comes up to london to set up the trade of begging , such a person probably may beg up and down the streets seven years , it may be seven and twenty , before any body asketh why she doth so , and if at length she hath the ill hap in some parish to meet with a more vigilant beadle than one of twenty of them are , all he does is but to lead her the length of five or six houses into another parish , and then concludes , as his masters the parishioners do , that he hath done the part of a most diligent officer : but suppose he should yet go further to the end of his line , which is the end of the law ; and the perfect execution of his office ; that is , suppose he should carry this poor wretch to a justice of the peace , and he should order the delinquent to be whipt , and sent from parish to parish , to the place of her birth or first abode , which not one iustice of twenty ( through pity or other cause ) will do , even this is a great charge upon the country , and yet the business of the nation it self wholly undone : for no sooner doth the delinquent arrive at the place assigned , but for shame or idleness she presently deserts it , and wanders directly back , or some other way , hoping for better fortune , whilst the parish to which she is sent , knowing her a lazy , and perhaps a worse quality'd person , is as willing to be rid of her as she is to be gone from thence . if it be here retorted upon me , that by my own confession , much of this mischief happens by the non , or ill execution of the laws , i say better execution than you have seen you must not expect ; and there was never a good law made that was not well executed , the fault of the law causing a failure of execution , it being natural to all men to use the remedy next at hand , and rest satisfied with shifting the evil from their own doors ; which in regard they can so easily do , by threatning or thrusting a poor body out of the verge of their own parish , it is unreasonable and vain to hope that ever it will be otherwise . for the laws against inmates , and empowering the parishioners to take a security before they suffer any poor persons to inhabit amongst them ; it may be they were prudent constitutions at the times they were made ( and before england was a place of trade ) and may be so still in some countries , but i am sure in cities and great towns of trade they are altogether improper , and contrary to the practice of other cities and trading towns abroad . the riches of a city , as of a nation , consisting in the multitude of inhabitants ; and if so , you must allow inmates , or have a city of cottages . and if a right course be taken for the sustentation of the poor , and setting them on work , you need invent no stratagems to keep them out , but rather to bring them in . for the resort of poor to a city or nation well managed , is in effect the conflux rf riches to that city or nation ; and therefore the subtile dutch receive and relieve , or employ all that come to them , not enquiring what nation , much less what parish they are of . question . the third question : if the defect be in our laws , how shall we find a remedy that may be rational and consistent ? this i confess is a hard and difficult question , it is one of the ardua regni , and may very well deserve the most deliberate consideration of our wisest councellors . and if a whole session of parliament were employed on this sigular concern , i think it would be time spent as much to the glory of god and good of this nation , as in any thing that noble and worthy patriots of their country can be engaged in : but seeing i have adventured thus far , i shall humbly proceed to offer some general proposals that have a tendency towards the effecting this great work , which being seriously thought of and debated by wiser men , may be capable of snch melioration as may render them in a great measure effectual to the kingdom in general , although at present , to prevent that common objection , that great mutations are dangerous ; i shall only propose them to be experimented in these parts of the kingdom , which are the vitals of our body politick , which being once made sound , the cure of the rest will not be difficult . proposition . first then i propose , that the city of london and westminster , burrough of southwark , and all other places within the usual lines of cemmunication , described in the weekly bills of mortality , may by act of parliament be associated into one province , or line of communication for relief of the poor . . that there be one assembly of men ( and such as they shall from time to time appoint and deputise ) entrusted with the care for , and treasure of all the poor within the said pale or line of communication . . that the said assembly be incorporated by act of parliament , with perpetual succession , by the name of fathers of the poor , or some other honourable and significant title . . that all constables , churchwardens , overseers , or other officers in all parishes , within the said line , be subordinate and accomptable to the said fathers of the poor , and their deputies , for , and in all things relating to the poor . . that the said fathers of the poor may have liberty to assess and receive into their common treasury , for relief of the poor , so much money from every parish as they yearly paid to that purpose any of the three years preceding this constitution , and to compel the payment thereof , but not of more . . that the said fathers tf the poor , and their deputies , may have very large and sufficient power in all things relating to the poor , and particularly to have and receive the charitable benevolence of all persons , once every lords day , in every parish-church , and in any other meeting of pious christians , and at any other time or times which they shall think fit . . that the said fathers of the poor , and such as they shall authorize , may have power to purchase lands , erect and endow work-houses , hospitals , and houses of correction , and to exercise all other powers relating to the poor , that any number of iustices of the peace now may do , in their quarter-sessions , or otherwise . . that the said fathers of the poor , may have power to send such poor beyond the seas as they shall think fit into his majesties plantations , taking security for their comfortable maintenance during their service , and for their freedom afterwards . . that the said fathers of the poor may have power to erect petty banks , and lumbards for the benefit of the poor , if they shall find it convenient , and also to receive the one half of what is paid at all the doors of play-houses , and have the patent for farthings , and to do whatever else his majesty and the parliament shall think fit to recommend to them , or leave to their discretion . . that the treasure that shall be collected for this purpose , shall be accounted sacred , and that it be felony to misapply , conceal , lend , or convert it to any other use or purpose whatsoever . . that there be no oaths , or other tests imposed upon the said fathers of the poor , at their admission , to bar our nonconformists , amongst whom there will be found some excellent instruments for this good work , and such as will constantly attend it ( for if they be kept out , the people will be cold in their charity , and in their hopes of success . ) . that the said fathers of the poor may constantly wear some honourable medal , such as the king and parliament shall devise , besides the green staff which is now used in london to such like purpose , ( but upon extraordinary days only ) to denote their authority and office at all times , and in all places , after the manner of the habits in spain , or rather as have all the familiars of the inquisition in most romish countries , with admirable effect , tho' to a wicked purpose ; the consequence whereof will be , that the said fathers of the poor , being numerous , and dispers'd by their habitations and business , into most parts of their province , will readily see any neglects of officers , and as easily redress them ; the medal which they wear about them , being a sufficient warrant to command obedience from all parish-officers wherever they come , although their persons be not known there . . that the said fathers of the poor may have liberty to admit into their society , and all powers and priviledges equal with them , any persons that are willing to serve god , their king and country , in this pious and publick work , the persons desiring to be so admitted , paying at their admission l. or more into the poors treasury . as a demonstration of the sincerity of their intentions to labour in and cultivate this most religious vineyard . this i only offer , because the number of the said fathers of the poor hereafter mentioned , may be thought rather too few than too many . . that the said fathers of the poor , besides the authority now exercised by iustices of the peace , may have some less limited powers given them , in relation to the punishment of their own , and parish officers , by pecuniary mulcts for the poors benefit in case of neglect , and otherwise as his majesty and the parliament shall think fit . . that the said fathers of the poor may have freedom to set the poor on work about whatsoever manufacture they think fit , with a non-obstante to all patents that have been or shall be granted to any private person or persons for the sole manufacture of any commodity , the want of which priviledge , i have been told , was a prejudice to the work-house at clerkenwell , in their late design of setting their poor children about making of hangings . . that all vacancies by reason of death of any of the said fathers of the poor , be perpetually supplied by election of the survivors . quest. . the fourth question is , who shall be the persons entrusted with so great a work , and such excess of power ? this is a question likewise of some difficulty , and the more in regard of our present differences in religion , but i shall answer it as well as i can . in general i say , they must be such as the people must have ample satisfaction in , or else the whole design will be lost : for if the universality of the people be not satisfied with the persons , they will never part with their money ; but if they be well satisfied therein , they will be miraculously charitable . quest. . this begets a fifth question , what sort of men the people will be most satisfied in ? i answer , i think in none so well as such only as a common hall of the livery-men of london shall make choice of , it being evident by the experience of many ages , that the several corporations in london are the best administrators of what is left to chaoitable vses , that have ever been in this kingdom , which is manifest in the regular , just and prudent management of the hospitals of london , and was wisely observed by dr. collet , dean of st. paul ' s , that prudent ecclesiastick , when he left the government of that school , and other great revenues assigned by him for charitable uses , unto the disposition of the mercers company . object . but here it may be objected , that country gentlemen , who have power in places of their residences , and pay out of their large estates considerable summs towards the maintenance of their poor within the afore-limited precincts , may be justly offended if they likewise have not a share in the distribution of what shall be raised to that purpose . answ. i answer , the force of this objection may be much taken off , if the city be obliged to choose but a certain number out of the city , as suppose seventy for london , ten out of southwark for that burrough , twenty for westminster , this would best satisfie the people , and i think do the work : but if it be thought too much for the city to have the choice of any more than their own seventy , the iustices of peace in their quarter-sessions , may nominate and appoint their own number of persons to assist for their respective jurisdictions , and so to supply the vacancy in case of death , &c. but all must be conjunctive , but one body politick , or the work will never be done . quest. . the sixth question is , what will be the advantage to the kingdom in general , and to the poor in particular , that will accrue by such a society of men , more than is enjoyned by the laws at present ? i answer , innumerable and unspeakable are the benefits of this kingdom that will arise from the consultations and debates of such a wise and honest council , who being men so elected as aforesaid , will certainly conscionably study and labour to discharge their trust in this service of god , their king , and countrey . st . the poor , of what quality soever , as soon as they are met with , will be immediately relieved or set on work where they are found , without hurrying them from place to place , and torturing their bodies to no purpose . . charitable-minded-men will know certainly where to dispose of their charity , so as it may be employed to right purposes . . house-keepers will be freed from the intollerable incumbrance of beggars at their doors . . the plantations will be regularly supplied with servants , and those that are sent thither well provided for . . the said assembly will doubtless appoint some of their own members to visit and relieve such as are sick , as often as there shall be occasion , together with poor labouring families both in city and suburbs . . poor children will be instructed in learning and arts , and thereby rendred serviceable to their countrey , and many other worthy acts done for publick good by the joynt deliberation of so many prudent and pious men , assisted with such a power and purse , more than can be foreseen or expressed by a private . person . quest. . the seventh question may be , what shall all the poor of these cities and countries , being very numerous , be employed about ? this question will be answer'd best by the said assembly themselves when they have met and consulted together , who cannot be presumed deficient of invention to set all the poor on work , especially since they may easily have admirable presidents from the practice of holland in this particular , and have already very good ones of their own , in the orders of their hospitals of christ-church and bridewell in london ; the girls may be employed in mending the cloaths of the aged , in spinning , carding , and other linnen manufactures , and many in sowing linnen for the exchange , or any house-keepers that will put out linnen to the matrons that have the government of them . the boys in picking okam , making pins , rasping wood , making hangings , or any other manufactures of any kind , which whether it turns to present profit or not , is not much material , the great business of the nation being first but to keep the poor from begging and starving , and enuring such as are able to labour and discipline , that they may be hereafter useful members to the kingdom : but to conclude , i say the wisest man , living solitarily , cannot propose or imagine such excellent ways and methods as will be invented by the united wisdom of so grave an assembly . the sitting of the said assembly i humbly conceive , ought to be , de die in diem ; the quorum not more than thirteen ; whether they shall yearly , monthly or weekly choose a president , how they shall distribute themselves into the several quarters of the communication , what treasurers and other officers to employ , and where , and how many , will best be determined by themselves , and that without difficulty , because many that will probably be members of the said assembly , have already had large experience of the government of the hospitals of london ; the manner of election of the said fathers of the poor , i humbly suppose , cannot possibly be better contrived than after the same way which the east-india-company choose their committee , which will prevent the confusion , irregularity and incertitude that may attend the election of voices , or holding up of hands ; especially because the persons to be elected at one time will be very many ; the said manner proposed is , every elector , viz. every livery-man to bring to guild-hall at the appointed day for elections , a list of the whole number of persons , such as he thinks fit that are to be elected , and deliver the same openly unto such persons as the lord mayor , aldermen , and common-council-men shall appoint to make the scrutiny ; which persons so entrusted with the said scrutiny , seven , or ten days after , as shall be thought fit , at another common-hall may declare who are the persons elected by the majority of votes . if it be here objected to the whole purpose of this treatise , that this work may as well be done in distinct parishes , if all parishes were obliged to build work-houses , and employ their poor therein ; as dorchester and some others have done with good success . i answer , that such attempts have been made in many places to my knowledge , with very good intents and strenuous endeavours , but all that ever i heard of , proved vain and ineffectual , as i fear will that of clerkenwell , except that single instance of the town of dorchestor , which yet signifies nothing in relation to the kingdom in general , because all other places cannot do the like , nor doth the town of dorchester entertain any but their own poor only , and whip away all others ; whereas that which i design , is to propose such a foundation as shall be large , wise , honest , and rich enough to maintain and employ all poor that come within the pale of their communication , without enquiring where they were born , or last inhabited : which i dare affirm with humility , that nothing but a national , or at least such a provincial purse can so well do , nor any persons in this kingdom , but such only as shall be pickt out by popular election , for the reason before alledged , viz. that in my opinion , three fourths at least of the stock must issue from the charity of the people ; as i doubt not but it will to a greater proportion , if they be satisfied in the managers thereof ; but if otherwise not the fortieth , i might say not the hundredth part . i propose the majority of the said fathers of the poor to be citizens ( though i am none my self ) because i think a great share of the money to be employed , must and will come from them , if ever the work be well done , as also , because their habitations are nearest the center of their business , and they best acquainted with all affairs of this nature by their experience in the government of the hospitals . earnestly to desire and endeavour , that the poor of england should be better provided for and employed , is a work that was much studied by my deceased father , and therefore though i be as ready to confess as any shall be to charge me with disability to propose a model of laws for this great affair , yet i hope the more ingenious will pardon me for endeavouring to give aim towards it , since it is so much my duty , which in this particular i shall be careful to perform ( though i may be too remiss in others ) as shall appear by more visible and apparent demonstrations , if ever this design , or any other ( that is like to effect what is desired ) succeed . finis . englands common-wealth shewing the liberties of the people, the priviledges of parliament, and the rights of souldiery : with epistles to the persons mentioned ... / written by john audley ... audley, john, preacher of the gospel. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing a ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing a estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) englands common-wealth shewing the liberties of the people, the priviledges of parliament, and the rights of souldiery : with epistles to the persons mentioned ... / written by john audley ... audley, john, preacher of the gospel. [ ], p. printed by r.i. : and are to be sold by livewell chapman ..., london : . reproduction of original in huntington library. table of contents: p. [ ]-[ ] eng england and wales. -- parliament. great britain -- politics and government -- early works to . a r (wing a ). civilwar no englands common-wealth, shewing the liberties of the people. the priviledges of parliament, and the rights of the souldiery. with epistles t audley, john, preacher of the gospel c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - ali jakobson sampled and proofread - ali jakobson text and markup reviewed and edited - pfs batch review (qc) and xml conversion englands common-wealth , shewing the liberties of the people . the priviledges of parliament , and the rights of the souldiery . with epistles to the persons mentioned , concluding the severall parts hereof . written by john audley a preacher of the gospel , and a well wisher to them that imbrace it . prov. . . when the righteous are in authority the people rejoyce , but when the wicked are advanced , the people mourn . hebr. . . obey them that have the rule over you , and submit your selves that they may doe it with joy , and not with griefe , illud belli genus quod pro salute publicâ & religionis incolumitate suscipitur , ita christo acceptum esse , ut etiam presenti ipsius numine administretur . christi religio exercitationem militarem non impedit : sed eam mirandum in modum confirmat : cum omnem formidinem firmissima spe immortalitatis cripiat , & ad veram gloriam incredibiliter inflammat . soli qui ad christum adspirant & verum finem respiciunt , fortes & magnanimi sunt existimandi . osorius de nobilitate christianâ . lib●ter . london printed by r. i. and are to be sold by livewell chapman at the crown in popes-head alley , . eve's sin , man's snare ; man's help 's the woman's seed , no man lost by her , christ did help at need . good out of evil came , scape out of snare , love hath found out the way to man most rare . all men may now see , how that the wise god new wayes doth take , to comfort with a rod . did mans first healing by christs bruises come ? so peace by war becommeth englands doome . come people , see what wonders god hath wrought , out of death life , he well to light hath brought : mind well his workes , who curse to blisse did turn . man of all creatures , hath no cause to mourn . own god with us , yee nations o're the world , no god like ours in mercy so extol'd . well may the kingdoms fear , and stand in awe , eaters give meat , from strong we sweetness draw , all laud to god , who hath our tunes thus turn'd ; lord ! who can tell , how long thy people mourn'd ? till thou didst change their sighs into a song high in thy praise this commonwealth among . j. a. to his excellency the lord generall cromwell . my lord : your just dealing with your adversaries , is matter of reall honour to your person , your enemies themselves being judges ; your instructing the ignorant , your rebuking the obstinate ; your remitting the penitent , your protecting the innocent , your keeping covenant , and conditions of articles with all men , have manifested your proceedings both of warre and peace , to be truly honourable to them , but especially to us , who have heard how judah-like you have ruled with god , and have been faithfull with the saints , hos. . last . your silence before the lord ( when a cloud was upon the campe ) had great confidence , when the lord went before you like a pillar of fire by night , shining upon your wayes , and telling you , that you should be to your enemies , as threshing instruments with teeth , isa. . . and this your confidence in god , what boldnesse wrought it before the battle ? and what humblenesse of minde after the victory ? refusing honour of men , when god had put glory upon you , in sight of all the world . it hath been said , before honour goeth humility , prov. . . that may be an humblenesse , as of necessity ; but that humblenesse which followeth honour , is ever matter of lasting praise ; for , honour upholdeth the humble in spirit , prov. . . and victory over a mans selfe is the greatest conquest : fortior est qui se , quàm qui fortissima vincit maenia . yea , this your confidence uttered did put life into your counsels , courage into your resolutions , & made your forces more forcible and active , so , as they did the work of the lord effectivè , both against the presbyterian interest , at dunbar , and the royall interest at worcester , for there fell downe many slaine , because the war was of god , chro. . . god is the judge himselfe , to whom both parties at dunbar made their appeales , god hath pleaded the cause of his people , and since these appeales hath given sentence for you now twice , by this i know thou favourest me , because mine enemies doe not triumph over me , psa. . . the issue must no longer passe under the vaine titles of meer events and chances of war : the kingdom is the lords , and he is the governour among the people , all the ends of the earth shall come and declare righteousnesse unto a people that shall be borne , that he hath done this . all men shall heare and feare , and declare the worke of god , for they shall wisely consider that it is his doing . the righteous shall be glad in the lord , and shall trust in him , and all the upright in heart shall glory , psal. . , . it hath been the wonder of all lands , to hear of england , how the meek of the earth here , have formerly borne all manner of yoaks and oppressions under royal and episcopal rulers , and how they have lately risen like gyants and men of might , for recovering their liberties , to defend their just rights and to bring wrong doers to condigne punishment . as if the judgement ( against moab ) written , had been sealed upon their hearts , cursed is he that doth the worke of the lord negligently , and cursed is he that with-holdeth his sword from blood , jer. . . neither regarding nature , nor nations , that they might execute gods judgements against an idolatrous people . and 't is observable , god had said distresse not moab , deut. . . til moab had thus sinned . but after moab had committed idolatry ( a sin against the nation of israel , ) he shall beare his curse , that spares moab : any former command of god to the contrary notwithstanding . sinfull mens changes justifie god and good men , in these great changes of times . now england is delivered from her enemies , and the people dwell safely through the mercy of god under your hand , i humbly desire this , that after all publicke expeditions against open enemies , you may ( now ) keep your selves from foes of your own houshold , from friends of your owne councell ; for christ himselfe was betrayed with a kisse , wounded in the house of his friend ; gallant judas was treacherously slaine by demetrius : and good jonathan captivated by triphon pretending kindnesse to him . maccab , . . and chap. , . cura teipsum , cautus esto , nè fidas . set the lord god alwayes before you , waite for his counsell ; let impartiall justice be your greatest designe , and go on in this thy might , be not perverted by envy or flattery of men , so run that you may obtaine , in due time you shall reape , if you faint not . you ( now ) chuse affliction with the people of god , and hereafter you shall with them partake in the recompence of reward , when the dead in christ shall rest from their labours , and their works follow them . for my selfe , that which made me write , was , that others might not be burdened , and i eased , for nullum genus crudelitatis majus quam in communi periclo esse negligens . that which caused these my humble addresses to your honour , was , to answer the querulousnesse of some persons , who have bid defiance to the armies of the living god , fixing their challenge upon my selfe , with whom after conference had , i appeared thus publickly , as a souldier in the field , that waiteth his enemies motion . yet being little as david , to encounter with the great goliah's of the adverse part , i herein crave your lordships wonted patronage , and hence forth i shal hold on triumphing in gods praises , who hath safeguarded your person , succeeded your armies , and recovered our liberties , and in my constant prayers shall ever remaine , your excellencies most obliged , though most unworthy servant in the patience of the saints , and in the hope of the gospell . john audley . to the reader . friendly reader : in this treatise i have refused digressions , save only to follow the objectors wandrings : i have neglected invectives , ( name and thing ) to prevent thy prejudice ; i have also laid aside wisdome of words , not affecting vainely to glory in men , simplex nudaque veritas , and perfit men will looke to the matter . likewise i have avoyded formes of words , and of things made ready to the hand , not willing to boast of another man's line . i have not made it my businesse to intermeddle in transactions past , viz. about the late king's execution , the house of lords removing , the purging of the house of commons ; for thy satisfaction in these , i referre thee to the parliaments declaration , for no more addresse to be made to the king , to the lord presidents speech , afore the kings sentence , to mr. cookes appeale upon his triall , to eleutherus philodemus his vindication of the parliament , and the souldiery ; to mr. potters vindication of the army ; to the army's declaration on their last march into scotland , and to my lord generall cromwells letters to the ministers , and to the governour of edenburgh castle . my engagement herein is mainely for the common-wealth of england , and the present government thereof , as it now stands , willing to give thee some grounds , of the peoples freedome , in stating of it , and of the justice of the parliament , and the army , in acting by the present authority , for the information of all such persons , as doe not wilfully close their eyes against right reason , truth , and equity , yea , against the scripture also , the rule of right . and how is it ? that of your owne selves yee judge not , what is right , luk. . . have not the faults of kings made the people blamelesse , when they deposed and put some kings to death ? see e. philodemus giving thee instances for this in seven nations . be not partiall in your selves , but by their example learne yee to shun idolatry , blasphemy , pride , extortion , rapine , wilfull murder , and all other sins , for which things sake god hath threatned with death evill rulers , as he hath done other men . god will chasten with the rods of men , even kings , if they commit iniquity , sam. . , . be thou thankefull for the present government , and thy mercies thou hast under the same ; at least be not grieved , that there is a man ( yea , many men ) come , that seeke the welfare of englands common-wealth . the contents . part . . the liberties of the people section . the rise of man's freedome , pag. . the lawes of man's freedome , ibid. the properties of man's freedome , p. the consequents of man's freedome , p. the helps of man's freedome , p. the principles of man's freedome , p. the causes of man's freedome , p. the forfeit of man's freedome , p. the lawlesse have no freedome , p. the intent of the law , is the maine of the law , p. divers kindes of freedome , p. divers formes of good government , p. the peoples freedome to chuse their rulers , p. no freedome to chuse rulers without just cause , ibid. the occasion of chusing rulers , p. just governours chosen , to be upheld by the people , in epist. ad populum , p. part . . the priviledges of parliament . position . christian rulers are not by succession , but by election , p. the claiming a kingdome , or common-wealth , without the peoples consent , is treason , p. second-treasons not pardon'd , ibid. wilfull murder is death , ibid. no pardon to a murtherer , p. no treason to be tolerated without any manner of punishment , p. malefactours silent upon their charge , to be taken for guilty , ib. good governours to protect good people against evill-doers , in epist. ad magnates , p. , part . . the rights of the souldiery answering objections . no bloud to be shed but in case of necessity , p. evill doers , the only cause of bloud-shedding , p. justice in punishing evil-doers , is thanke-worthy to god , ib. there is a law , church , and state , without king , lords , bishops , and their lawes , p. no man can justly call any kingdome , or common-wealth , his owne inheritance , since christ the heire of the world was unjustly killed , p. kingly government may be changed , when the power is abused , p. in what case enemies are to be prayed for , or punished , p. for what cause this state put the king to death , p. touch not mine anoynted , brings reproofe to kings sinning against the people , no impunity , p. gods judgements are written against apostate kings , as well as against heathen kings , p. christians may warre against evil-doers , if case so require , in epist. ad milites , p. , part . i. the liberties of the people . the rise of mans freedome . man is considerable in a threefold capacity ; of nature , of nation , and of religion ; and he hath a threefold liberty , according to his divers capacity . in nature a liberty to preserve himselfe , as by the law of nature : in the nation , a liberty to preserve himselfe and the people , as by the law of his nation : in religion , a liberty to preserve himselfe and the people of his profession , as by the law of god , of christ , and of the gospell . every english-man born hath the freedome of his nature , and of his nation ; but the religious english-man , hath a right to be every way free , by all lawes whatsoever . the lawes of mans freedome . the law of nature is , that man should love himself ; for , no man ever yet hated himselfe , but nourisheth and cherisheth himselfe , eph. . . the law of nations is , that a man keep himselfe against the disorder of creatures , not containing themselves within the bounds of nature , as yee would that men should doe unto you , do yee also to them likewise , luk. . . all our national laws are grounded on this , and relate to this . the law of god is , to love the lord thy god with all thy heart , soule , strength and minde ; and thy neighbour as thy selfe , luke . . where the love of god , must be with the deniall of a mans selfe , and of his neighbour also . the love of god knowes no relations , where men love not god ; that god in all things may be glorified through jesus christ . religion , rebukes all manner of transgressions , in all sorts of men . a mans neighbour , is as himself ; and he loves his neighbour as himselfe . diligit in proximo , quod in se ipso diligit , & diligit proximum candem ob causam , propter quam diligit scipsum . he ( properly ) loves his neighbour as himself , who in his neighbour loveth god and christ , whom he loveth in himselfe , and who loveth his neighbour for christs sake , for whose cause he loveth himselfe : god and christ , in himselfe , and in his neighbour , is the rule of his love to both . where the image of christ shines more in his neighbour , he loveth him more then himselfe ; but christ he loveth most . and seeing the image of christ defaced in his neighbour , or by him , he loveth him lesse , for the greater love that he bears to god . like levi's son , who said to his father and to his mother , i have not seen him ; neither did he acknowledge his brethren , nor know his own children , for they have observed thy word and kept thy covenant , deut. . , . for that respect they bare to god and christ , above themselves ; they mortified all inordinate affections , they had to their own kindred hating their own life , to follow christ luk. . . and thus david did , who loved perfectly , hated gods enemies with perfect hatred , psal. . . and punished those who hated god , whom they ought to have loved . a slanderer , an high-looker , a proud hearted man i will not suffer : he that worketh deceit , shall not dwell in my house ; he that telleth lyes , shall not tarry in my sight : psal. . , , . the properties of freedome . the first sort of these freedomes is naturall ; and in perfect nature , it was perfect freedome . then man loved god , for that man saw in the perfect nature of god , and had man persevered in that perfect state , man had been perfectly free to this day . the second sort of freedome , is con-naturall , for though men be free-borne , yet are they borne under the lawes of their nation ; and the lawes of our nation do not annihilate , but only determine our naturall freedome . the third sort of freedome is ad-naturall ; because religion addeth some thing to nature , to regulate , and to order mans freedome , the law of god gives directions to perfect the freedome of nature , and of the nation ; and sometimes gives reproofes to correct the imperfectnesse of them both . as men failed touching the law of nature , so they fell under the law of nations ; and as men failed of the law of their nation , so they fell under the law of god , and as their sin was greater , so they fell under the sorer rebuke and punishment ; and greater offenders , the rather stood in need of the blood of christ , ad redemptionem , to make a purgation : of the spirit of christ , ad resipiscentiam , to make them know their sin and to repent of it : of the rod , in correctionem , for a reproofe among men for their scandalous offences against themselves , against the people , and against god : and when the sword of the spirit did not cut men off from their transgressions , but they brake all bands ; then nature took the help of lawes , and men appealed for justice to them that bare the sword , to defend their naturall liberties ; and ( for recovering their nationall freedome ) did with the sword of the magistrate punish offenders against god and the people ; and the rather , when transgressors continued impenitent , implacable and irreconcileable . the consequences of freedome . the lawes of nature , nation , and of god , are subordinate one to another : god is above the people , and the people above a mans selfe . personall and private interest , must give place to the publike interest of the people , and of the commonwealth : and in the cause of god , who is above all : thy interest , and the peoples interest also , must give way to the glory of god : wherefore in the punishment of evill doers , private-pitty must give way to publike-safety of the people fearing god . pereat unus potiùs , quàm unitas . it is expedient for us , that one man should die for the people , that the whole nation perish not , john . . what ( here ) caiaphas said in his policy , christian magistrates must doe in piety . for thus god himself took part with nature , punishing caine for shedding abels blood , gen. . burning sodom and gomorrah , for injury don to righteous lot by that wicked people , gen. . bringing in the stood upon the world of the ungodly , and saving noah a preacher of righteousnesse , pet. . . helps of freedome . first , god himselfe hath prescribed to all people lawes to keep up nature in freedome , and to rebuke the unnaturall , gen. . . who so sheds mans blood , by man shall his blood be shed ; not by force and violence , but by course of law . it is a law of god , that respects not the persons of man : his blood must be shed , for the blood shed by him , who ever he be , numb. . . no satisfaction may bee taken for him . after this , nature began to helpe it selfe among the people ; as in case of adultery , it is said , it is an iniquity to be punished by the judges , job . . . then men made covenants with one another , and bound them each to other with oaths and protestations . as between laban and jacob , gen. . . and between abraham and the families of escol , aner and mamre , gen. . . and this , in order to preserve the peace of their families , and to recover their rights from that people , that should infringe them . hereupon when lot was taken captive by chederlaomer , abraham and his confederates made warre upon , and recovered lot out of their hands vers. , , . also , jonathan made a covenant with david , because he loved him as his owne soule , sam. . . and secured him against saul his father , chap. . . entred a covenant of the lord , that whatsoever davids soule desired he would doe it for him . vers. , , , . david sware him v. . the lord is between me and thee for ever , . afterwards it became a matter of religion in all sorts of men and nations , to keep their covenants , leagues , and oathes between them made , and in case of breach , they did right themselves by punishing the offenders ; even as israel did justice on his brother benjamin , and the men of gibeah , for the rapine and murder committed upon the levites wife , against that brother-hood that was between them , judges . or else if they could not right themselves , and recover their liberties : they did appeale to god to doe them justice , as jer. . . oh lord thou knowest , remember me , visit me , and revenge me of my persecutors : and david to saul , the lord judge between me and thee , and the lord avenge me of thee sam. . . thus jephtah , when he and the children of israel stood for their rights against the king of ammon , jephtah said , what hast thou to doe with me ? i have not sinned against thee , but thou doest me wrong to war against me , the lord the judge , be judge this day between the children of israel , and the children of ammon , judg. . . — . also the lawes of nations , were still helped by the grace of god ; in things not declared , god gave lawes a new ; for stoning the blasphemer , levit. . , , — . and the presumptuous breaker of the sabboth , numb. . , , , . which both were kept in ward , untill a law was given for them to suffer by . the principles of freedome . god the great judge of heaven and earth hath into nature put such principles of reason and common equity ; as might conform men and nations in their dealings each with other , and punish such men as doe become unruly , and that after a religious sort ; for , although religion be ( in many things ) above reason , yet being not contrary to reason ; religious men may be wise enough to judge between their brethren , cor. . . withall , god hath threatned truce-breakers , and said , he will fire tyrus for captivating edom his naturall brother ; for that he remembred not the brotherly covenant , amos . . yea , and punished such men as brake their covenants and leagues ; sometimes by wicked persons , the philistims wounded saul , and saul killed himselfe . sam. . . after hee had broken his oath made , not to harme david . sometimes by godly men , jacob shall be a fire , and joseph a flame , and esau stubble , and they shall kindle , and devoure ; there shall not be any of the house of esau remaining , because hee looked on the day of his brother , and stood up against him in the crosse way , obadiah — . and sometimes god hath ( by himselfe ) punished this sinne of trust-breaking , when the sufferers had no power in nature , or nation to right themselves . pharaoh promised moses faire at their departure ; goe , and blesse me also , exod. . , . but if aegypt pursue israel , not regarding his promise , their armies shall be overthrowne in the sea , notwithstanding their great power , exod. . — . there was not one of them left . a caveat for the scots , who brake covenant with england , vide part . . position . the causes of freedome . liberty is next to life . libertas ( in naturali estimatione ) proxime accedit ad vitam ipsam , and men have this liberty , by a divers right , viz. of birth , of purchase , and of gift ; and again men often make forfeiture of their liberties , viz. by gift , by sale , by force , by tyranny , by stealth , and by idlenesse . there is a liberty by birth , which was pauls freedome , i was free borne , act. . . where a man is born to live , there he hath right to eate and to drink , that he may live : and he hath a right to worke , that he may eate and drinke ; yea , and a liberty to buy and to sel for his living , where he is born . some have their liberty by purchase , this was the centurions case , with a great sum of money obtained i this freedome , acts . . and having purchased their liberty , they are in all things inabled to doe for their livings , as men free-born , may doe . some have their liberty by gift , as when abraham had rescued lot , and the sodomites that were carryed captive ; the king of sodom said , give me the persons , and take thou the goods , gen. . . now looke , as men ( thus ) obtain the freedome of their persons , so their goods are their own proper right ; to wit , the goods they possesse by inheritance , by purchase , by gift , or by their labour procured ; no man may take them away to his owne use , without consent of the owner thereof . for god hath said , thou shalt not steale , exod. . . the prince shall not take of the peoples inheritance by oppression , to thrust them out of their possession , he shall give his sonnes inheritance out of his owne possession , that my people bee not scattered , ezek. . . liberty doth not intrench upon liberty ; royalty , may not destroy the peoples liberty ; the princes prerogative , cannot abolish the peoples propriety . naboths vineyard was his owne inheritance , and he might chuse whether he would part with it or no , wherefore king ahab desired not to take it by force from him , but offered to buy his consent , and to give naboth a better vineyard in exchange for his . and indeed , none but a jezabell would wrest out of a mans hands , that possession , which god and nature had made properly his owne : whether it be a possession of his wife , his children , or his estate , which is of lesse value , vide king. . — . contra jus divinum & naturale nihil licet magistratui , p. martyr . the magistrate may doe nothing to dispossesse a man of any thing which is the mans right from god or nature . distinctio dominorum & proprietas possessionum est juris divini , juxta mandatum , non furtum facies , sicut , non licet ulli regi postulare alterius conjugem . bucan. loc. de magist. q. , , . the distinction of rights , and the propriety of possession is of divine right , according to that commandement thou shalt not steale . and it is no more lawful for a king or any other magistrate , at his pleasure , or , and for his own use to take away a mans goods ( whereof hee stands lawfully possessed ) no more then it is lawfull for a king to require another mans wife . there is also a liberty by gods grace , which puts the right of all things under the dominion of beleeving persons . all things are yours , and you are christs , cor. . , . they have jus ad rem , non jus in re ; they are , as having nothing , yet possessing all things , cor. . . they are full and abound , who injoy christ . but however beleevers in christ , have right to all , yet this right gives them no liberty to steale , or to take to themselves that which is another mans , nor to possesse themselves of any thing , more then becomes theirs by birth , gift , purchase , labour , or by conquest , deut. . . and in well-doing , the lawes of god , nature , and of men are their protection in their just possessions , brethren , you are called to liberty , use it not as an occasion to the flesh , but by love serve one another , gal. . . againe , mens liberties are lost many waies ; . some give away their right in a christian community , as they did their goods , acts . . . some sell away their birth-right , as esau did prophanely , heb. . . . some idle away their time and estate too , houses and lands are the inheritance of fathers , but an idle soule shall suffer hunger , proverbs . , . . some loose their liberties being conquered in war , deut. . , , . . some by tyranny of princes in peace , as when saul took to his own proper use ( not for the peoples advantage ) their daughters , their goodliest young-men , their fields , their vineyards , their seeds , their servants , their sheep , after his pleasure , sam. . , , , , , . which sheweth what tyrants will doe , not what good rulers ought to doe : how many other waies , a man may be put out of possession of his goods , as by stealth , robbery , &c. i now forbeare . onely let me admonish , that having liberty of our persons , and estates , and religion ( which is the greatest ) use it not as a cloak of maliciousnesse , but as the servants of god , pet. . . for who is he that will harme you , if yee be followers of that which is good ? pet. . . obstinate offenders forfeit their liberty . obstinate offenders make themselves bond-men ; such as will not be reclaimed , doe forfeit their liberty . some men there be , like the unjust judge ; they neither feare god , nor care for men : these neither chuse rulers , nor obey them , being unruly and disorderly ; the law is to try them , and rulers that rule by law are a terror to evill-doers ; as they are ministers of god , for the praise of them that doe well , rom. . , , . rulers are by the law of the land to judge rotten members , in order to the peace of sound members , who did chuse or approve them ; for they are gods ministers , attending continually on this very thing , and for this cause pay yee tribute , to doe them honour , and the magistrate accepting their place and power , doe thereby ingage to doe the people justice : provided alwayes , that yee continue to do well . such persons then , as will not honour the magistrate , by keeping order , and observing law , must bear the punishment of their disorder against the law , the magistrate beareth not the sword in vaine . although unjust men know no shame , zeph. . . yet just governours ( cannot but ) countenance them that doe well , even for very respect of nature , and to safe-guard mankinde against persons unnaturall , for the judgement is the lords , and they judge for the lord , with whom is no respect of persons , chron. . . the emperour trajan is said to give a sword to the president of the pretorium with these mandates ; hoc ense utaris pro me justè faciente , contra me utaris , si injusta fecero . i. e. in defensione proprii corporis , & nationis ; if the emperour himselfe should doe unjust things , he allowed the judge to doe justice , if it were against himselfe , when he should doe evil . no liberty to the lawlesse . freedome is to them that doe well , the law is a defence to them that keep the law , and it is given to punish them that breake the law ; the law is for the lawlesse , neither nature , nation , nor religion , allowes man any freedome to doe evill , praise is to them that doe well , not to the evil doer . christians in rome living as a conquered people , under persons in power , who were unchristian , were directed by paul to pay their tribute to them , rom. . . and well , if so doing they might live in peace . it is the goodnesse of any government to protect the good , and such as are quiet in the land , but evill-doers shall be rooted out , prov. . . yee that will ( yet ) know no law , nor be in subjection , where is there a land , or nation which hath lawes , and yet evill men may live as they lust , without rebuke ? pay your tribute ( here ) then , as did the conquered christians in rome , and the captive israelites in babylon of old , who were bid to submit to the yoke of their government , and to pray for the peace of that city , for in the peace thereof yee shall have peace , jerem. . . there is no way to liberty in england but in well doing ; doe that is good , and thou shalt have praise of the same , rom. . . never strive to recover to your selves a freedome to doe evill here , if thou doest evill be afraid , rom. . . but be true , and faithfull to the common-wealth of england , and the government thereof , and the powers ( here ) shall be ministers of god to thee for good ; in common humanity we are to love all men , in nationall community , to love the brother-hood , and in religion we are to feare god , which three lawes laid the foundation to that which followes , honour the king , for kings themselves were to use their power for the good of all men of the brotherhood , and of them that feared god , punishing evill doers , and praising them that did well ; and good people were not to malice their kings , under pretence of a liberty to doe well without them ; provided their governours rule well , reproving malefactours for the sake of wel-affected persons ; men may doe well with out rulers over them , yet well-doers need rulers over them , both to incourage men in well doing , and to safe-guard them that doe well , against evill doers , who have evill will at the good of sion , wherefore , use yee your liberty , as the servants of god , pet. . , . where no law is , the intent of the law is to be followed . the law of nations is lex non scripta , as mr. coulse out of hollinshed , citing the lord hungerford executed for buggery , when yet there was no positive law to punish it ; where the written law comes short , what wanteth , must be supplyed out of the law of god , and nature , out of the laws of rightreason , and common equity , for a terrour of them that doe evill , and in defence of them that doe well ; new sins require new lawes , as for the ranters , lawes have been lately made by this state . i grant , we are much bound to our ancestors for magna charta , and other lawes of common right and justice , but we need more lawes still , to be made as occasion serveth : necessity made david eate the shew bread to preserve his life , otherwise not lawfull for any man to eate , but for the priests alone . here david transgressed the letter of the law , yet following the intent of the law , he was blamelesse , matth. . , , . see from the beginning the grounds hereof ; the gentiles had not the law , i. e. the written law , but they were a law unto themselves , for they had {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} the worke of the law in their hearts ; their consciences , or their thoughts accusing , or excusing one another , as they did well or ill , rom. . , . for god had shewed them his power , and god-head , in things that are made , chap. . . so that they are without excuse , who vanish away in their imaginations from that they know of god , and from that light of god , which shewes men , what is suitable to the nature of god . but seeing , that where no law is , there is no transgression , rom. . . that is , men are slow to impute transgression to themselves , where there is no law ; therefore the law entred , that sinne might abound , and that sinne might become exceeding sinfull , rom. . . howbeit , when men were instructed out of the law , and knew the directive power of the law , they came short of the practick part of the law ; thou that teachest the law , through breaking the law dishonourest thou god ? rom. . , , . and men being lovers of themselves , reproved not themselves , when they transgress'd the law , god therefore stirr'd up other men , and creatures , to avenge the quarrell of his covenant upon the lawlesse . thus it 's said , god made the wicked for the day of wrath , prov. . . that is , to execute wrath upon them , that doe evill . for instance , when men worshipped the creature , more then the creator ; and in the place of god set up a golden calfe to worship it , then moses cried out , who is on my side ? let him come to me , put every man his sword on his side , and slay every man his brother , and every man his companion , and every man his neighbour , and the children of levi did so , and there fell of the people that day three thousand men , exod. . , , . all this was for the peoples sinne against the law of nature , and of god , and this was done , when yet the state of the israelites had not formerly enacted a law to punish that fact ; thus lawes of nations are by occasion supplied out of the law of nature , and of god , according to the wisdome of that state , under which men live , as it is said ; by men of understanding and knowledge , a land is preserved , prov. . . divers kindes of freedome , of nature , of grace , and of glory . . in the creation , it was the liberty of all creatures , to serve god , and man , made after the similitude of god , for god set man over the workes of his owne hands , gen. . , . psal. . . this freedome of perfect nature man soone lost by sinne , and there-through became a bond-man to god , till christ came to deliver him ; in this bondage of man , omnes affines sceleris , yea , all creatures partooke , and are made subject to vanity , not willingly , but by reason of him , who hath subjected the same in hope , rom. . . . againe , in the restitution of all things , there will be a glorious liberty of the sons of god , when the creature it selfe shall be delivered from the bondage of corruption into that liberty , and the expectation of the creature waiteth for the manifestation of the sons of god in that glorious liberty , rom. . — . and if this be not the day , there will come a time , when the sons of god shall be gloriously made knowne , and then all creatures shall freely serve them , they shall not groane to doe it ; and , that nation and kingdome which will not serve them , shall perish , and be utterly wasted , esa. . . . also , man hath a freedome by grace , and this begins in christ ; for christ having redeemed us to himselfe of bondmen , and made us free-men in christ ; we ( here ) live to recover our selves , to become free-men through christ , free indeed ; which freedome all they obtaine , who by the spirit are joyned to christ by faith , and repentance . see cor. . . john . . this freedome of grace is to repaire the ruines of nature , and to perfect nature into a glorious liberty , which shall be outwardly manifest in the sonnes of god . the kings daughter is all glorious within , ( even here ) psal. . . but for outward glory ; it does not yet appeare what we shall be , joh. . . and as for outward liberty in this worke , our kingdome is not from hence , as christ said of his , joh. . . we affect not lordship over one another ; that government christ forbad his disciples , to use , matth. . . howbeit we looke for a liberty to serve god , and to lead quiet and peaceable lives , in all godlinesse and honesty , tim. . . for this liberty , we pray god , and doe provide against such persons , as kill the prophets , and chase christian men and women , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} who please themselves , and are contrary to all men , thes. . . that none may harme us for well doing , and that they , that doe well , may have praise of the same ; that well-doers may not suffer wrongfully , and that by law ; that men may not condemne innocent bloud , psal. . . this is all the liberty we contend for now , till we be delivered into the glorious liberty hereafter . indeed , holy men must follow peace with all men ; but , if we can have peace , yet we must preferre holinesse to peace , for , without holinesse no man shall see the lord , heb. . . holinesse is our birth-right ; it is holinesse that gives us hope towards god , and being borne of god , we may not prophanely sell our holinesse with god , for peace with men ; if abraham will have in his house an holy peace , he must cast out the bond-woman and her sonne both , though it seemed grievous in his eyes , gen. . . our sufferings here for christ shall end in the glorious liberty of the sons of god ; wherefore , take forth the precious from the vile , o holy men , let them returne to thee , but returne not thou to them , jer. . . men , that will not bow to the golden scepter of gods mercy , to doe well , shall be bruised with the iron rod of gods justice , for their ill doing , psal. . divers formes of good government . there were kings of nations , gen. . . but there were in israel divers other rulers , before any king was among them ; moses a deliverer of israel out of aegypt , after that , seventy elders , to beare part of the burden with him , and they judged the people ; then joshua , their captain-generall , who sought their battels for them ; after him , elders , who were raised up of god , but accepted of the people , to rule in israel , to guide their counsels , and to fight their battels ; as joshua had done , untill the times of saul , and david ; and these two persons god did chuse , and the people did approve them their kings ; after david , the well-affected israelites chose salomon their king ; all these governments , aristocraticall , democraticall , and monarchicall , were allowed of god for the peace of them that doe well , and the people lived orderly under them all , and enjoyed much peace ; and if people lived under other rulers peaceably ( while they did well ) afore kings were in israel , why should not men in well doing live quietly in england , now governed without a king ? where trusty men in parliament have resolved the government of this common-wealth into another forme ; a government of states formerly , blessed be god , a mixed government , equally maintaining the peoples liberties , and the rulers safety , their rulers doing the people justice , and the people doing their rulers honour . power in the people to chuse their governours . the power to chuse , or approve their owne governours , lyes in the people fundamentally , and after the peoples choyse made , the power of ruling lyeth supreamely , and formally in the governours themselves . people well-affected to god , and well doing , have the liberty of making this choyse primarily ; and secondarily , all the people of that common-wealth ; at first samuel chose saul king , then the people , and benaiah nathan ; and zadok first chose salomon king , the generality of the people freely suffering the choyse ; afterwards the rest of the people came in , approved the choyse , and renewed the kingdome , sam. , . but the people of israel gave not their approbation of their kings , chosen by the better sort , untill the persons chosen had given them some singular proofe of their valour , as saul did ; or of their wisdome , as solomon did , when nahash the ammonite was destroyed , and the city of jabesh gilead delivered by the hand of saul ; then the people cried , who is he that said , saul shall not reigne over us ? bring the men , that we may slay them ; and all the people went with samuel to gilgal , and there they made saul king , sam. . , . likewise , when salomon had given judgement between the two women , both claiming the living childe , they feared the king , for they saw the wisdome of god was in him , to doe justice . so salomon was king over all israel , king. . . & . . thus ( here in england ) when the peoples trustees , by counsels in parliament , had often delivered this common-wealth from their enemies hand , and had from among their brethren ( of the same nation and religion ) set up keepers of the liberties of the people by authority of parliament , approving the choyse made , have liberally laid out their persons and estates for the safety of their rulers , and of themselves . people may not chuse new governours without a cause . governours being chosen , the power lyeth in them effectually , provided they rule well , and their people may not chuse new governours without the consent , or death of the old , or without the male administration of justice in the old rulers ; for in case the old governours chosen , continue to rule well , the people may not force their consent ; but it must be a free act of the good rulers , to desire the people to chuse a new , else if the people causelesly reject well ruling governours , they reject the lord , that he should not rule over them , sam. . , , . the people may not ( without imputation of treason ) cry , what portion have we in david , while david liveth , and ruleth well ; nor have they ( at such a time ) any cause to follow a rebellious and flattering absalom to doe them justice ; indeed , on just reason declared , governours may remit their power to the people that chose them , and people thus re-impowred may ( with the same liberty ) set up other governours over themselves ; as nathan , zadok , and benaiah made choyse of salomon for king ▪ when david grew old , sick , bed-rid , unserviceable , and bad them make salomon king , king. . , , . otherwise , the people may not change without a cause , and the governour , or governours are to use his , or their power for the common good , that they give no just occasion to dis-engage the people , and to make them change . the occasion of chusing governours . the occasion of people's chusing governours was the countries danger , and the end of that choyse was the peoples safety ; which samuel implyed , when he faulted the israelites for desiring a king so unseasonably ; at a time when they dwelled safely , and were delivered from their enemies on every side , sam. . . indeed , israel were without rulers sometimes , when all things were in peace , and every man went to his owne inheritance , judg. . . but when famine appeared , or when war approached , then they chose them governours to feed them , esa. . . . or to judge them , and to fight their battels , sam. . . when judges ruled , ruth . . elders , kings , or captaines , and the governours chosen performing the peoples trust , did thereby oblige the people to stand by their trustees , and some by the word , preached for them , some by the sword , fought for them , some by their pen , wrote for them , and some with heart and tongue , prayed for them accordingly . againe , when kings and rulers did faile their trust reposed in them , they dissolved the bands of the peoples allegiance towards them ; and the people failing of performing their fealty to such trust-breakers , were spared by gods appointment ; thus when the ten tribes fell from king rehoboam for his roughnesse towards them , and the people set up jeroboam for their king , judah was from god by the prophet forbid to fight against them , for the thing was of the lord , king. . . . . thus the old romans cast off tarquin , and all kingly government , for the pride and cruelty of that king , and for the unchastity of his lecherous sons , and chose them consuls , who might better consult and provide for the countries good . also it is said of brutus , who was one of their consuls , that he scourged and beheaded his owne sons , for attempting to bring in kings againe , florus , lib. . cap. . just governours to be upheld by the people . to the free people of england . epist. deare fellow commoners , it hath been declared already , that the best way to settle the common-wealth in a firme and lasting peace , is to looke backe to rules of equity and justice , to principles of nature , and right-reason ; to gods law , and good conscience ; and every one of you must contribute your utmost hereunto , that power lyeth in you , and there is now recovered your right to use it . your liberties have been redeemed to you at a deare rate , and with great expence of bloud , and of treasure ; maintaine it then , as free-men , and use your liberty , not against your selves , but for your selves ; cease mourning for saul , the king and his traines , the body is not destroyed by removing bad humours ; let your hearts be towards the governours of england , who have willingly offered themselves among the people ; and to their servants , who have jeoparded their lives for your sakes ; i meane , to the commons in parliament , the councell of state , and their armies , who have not designed upon you for their owne worldly advantage , but have scoped at your welfare , who by no sensible feares have suffered themselves to be perverted from impartiall justice , but have bound up your safety and theirs in one . with what reason should they receive the benefits of law , who deny obedience to the law ? what priviledge can a proprietary possesse by law of the land , who denies to doe that , which even the law of nature calls for of him ? the non-engaging does not strip him of his priviledge of the law , but the standing by himselfe without law , who engages not , brings him into danger ; and certainly , he deserves no advantage by a garrison , who refuses to help in time of a siedge ; and having performed their trust , they have declared themselves willing to lay downe their power , not lording it over you , but leaving the power free to you , for chusing a new representative , and being set free , chuse for your selves , for yee need counsellours ; but nunquam consilium suit in populo , nunquam certa & constans vitae ratio : and where no counsell is , the people fall , but in the multitude of counsellours there is safety , prov. . . only take heed to your choyse , for a wrong choyse brings a plague , as when israel chose them a captaine to goe back into aegypt , it was said , they shall not see the land of canaan , numb. . . . and a right choyse brings safety ; as when jephtah was chosen an elder in israel , god honoured him with victory over his enemies , and the people with safe dwellings under his hand , judg. . . as free-men , chuse men into place of government , who will preserve your liberties , men of a publike spirit , and men zealous for the welfare of the people . when pharaoh had heard the wisdome of joseph , in providing to save the land from perishing through famine , he said to his servants , can we finde such a man as this is , a man in whom the spirit of god is ? and be made him ruler over all the land of aegypt , gen. : . . thus daniel in babylon was preferred before the presidents and princes , because an excellent spirit was in him , dan. . . and the israelites , to better their condition , chose them saviours ; wise moses , valiant joshua , godly gideon , gallant jephtah , &c. doe yee also in your choyse of sheriffes , burges , lieutenants of shires , &c. provide able men , scaring god , men of truth , hating covetousnesse , that they may judge the people at all times , exod. . , . he that is greatest among you , let him be as the younger , and hee that is chiefe , as he that doth serve , matth. . , luk. . . . chuse you out from among your brethren , governours , who will secure you in well doing freely , and whom yee may freely stand by in punishing evill-doers ; let such rule over you , as obey god , and doe not lift up themselves above their brethren , that turne not aside from the commandement , to the right hand or to the left , deut. . , , , . part . ii. the priviledges of parliament . position rvlers among christians are not by succession , as the turkes governours are ; successio , victoria , &c. tantum idoneos reddit ; succession only makes way for rulers to come in . it is the peoples election , that makes christian-rulers , in certaine place , non addit jus ad regnum electio populi , sed facultatem juris exercendi confert : in which words he plainly acknowledgeth , that his right of ruling ( ad hic & nunc ) over this very people , comes from the election of the people : for all christian rulers have their power , either immediately , from the appointment of god , as david was anoynted king ; or else from the election of men well-affected to god , thus the kingdome was salomons from the lord , king. . . and the kingdome was his , because the lords people chose him king , even nathan , zadok , benajah and bathsheba . not the greater number but the better people , for their affection to god and to goodnesse ; not for eldership , for adonijah was davids son too , and elder then he , yet he laid aside his claime , when it was knowne to him that salomon reigned in israel . and davids vote given for salomon ( while yet david was living ) plainly shewed , that the ruling of the kingdome was not by inheritance , but by choyce ; not by succession , but by election of the people : for that election at first made by a few , was afterward confirmed by all israel , when they saw the wisdome of salomon , to doe justice and judgement . as was fully declared in the . sect. heretofore . position the very claiming of a void kingdome or commonwealth , in the case of succession , is treason against the free commoners thereof ; yet it may be pardoned on submission of the party claiming , with condition of his keeping good-behaviour afterwards . this was adonijah's case , who succeeded david the king ; and hereupon made claime to the kingdome , rid in triumph , made a feast to his adherents , whom he called to councell ; yet he doing obeysance to salomon , whom the people chose king , the king said unto him , by way of pardon , goe to thy house in peace : and by way of warning , he said , shew thy selfe a worthy man , king. . , , , , — , , . it may be it was an errour , occasioned from the people freely suffering successours to rule them . position second-treasons are not to be pardoned . when adonijah had acknowledged king salomons authority , and found mercy upon his first offence : as for him then , unworthily to desire abishag , to be his wife , who had laine in king davids bosome . when bathsheba represented to salomon , adonijah's desire , he bad her aske for him the kingdome also , for hee is mine elder brother : taking his ambition herein , to be a designe for the kingdome . and the king commanded benajah to slay adonijah forthwith , w●●●●ut any reprivall , kings . , , , , , . position wilfull murder in a time of peace , is to be punished with death first or last . who so killeth any person , the murderer shall be put to death , by the mouth of witnesses , numb. . . joab , shed the blood of war in peace ; he slew abner , and amasa , men more righteous then he , kings . . indeed , david spared him , because the sons of zerviah were stronger then be , sam. . . but afterwards , david put king salomon in mind that he knew it , and that he should punish him for it . wherefore king salomon finding joab one of the evill-counsellours of adonijah , resolved he should have summum jus ; and though he spar'd the rest of that confederacy , yet he gave sentence against him : and at the kings commandement benaiah did justice on joab , though he was the generall at that time , and slew him , without any respect of persons . position no plea or excuse , can serve to cleare a murderer . yee shall take no satisfaction for the life of a murderer that is guilty of death , but he shall surely be put to death , numb. . . joab going after adonijah , might not longer be spared from death , which , for murder he had deserved , though he had not gone after absalom , though he had formerly ( in davids warres ) done the king good service ; yea , and though he fled to the hornes of the altar at last , pretending repentance . at the kings commandement , benaiah went forth and slew him there , for his murder in king davids dayes , and for his treason in king salomons time , kings . — . and this is gods rule , if a man forsake his righteousnesse and commit iniquity , shall he live ? all his righteousnesse that he hath done shall be forgotten ; and in his sin that he hath committed , he shall surely dye , ezek. . . which is the case of the revolted scots , their former joyning with england in covenant making , and keeping , for the good of both common-wealths , cannot excuse them , breaking the brotherly covenant , proclaiming king over england , a man whom ( for his dis-service to this people ) this state had declaratively disclaimed ; and by their promising to enthrone him in england , against the will of this free people , who had already accepted of another government . ( for in christian commonwealths , the right of rulers lyeth in the vote of the peo●●●●husing them ( as before sect. . ) according to husha●'s speech , whom the lord and this people , and all the people of israel chuse , his will i be , sam. . . ) there was a covenant between benjamin and the rest of the tribes of israel , and that as strong a covenant , as ever was between england and scotland , for they were brethren ; but when benjamin brake the bonds ( in the matter of levi's wife , her death , and banishment ) they dissolved the bands of brother-hood , and israel ( being then set free ) brought the malefactors unto condigne punishment , and the men of gi●●●● also , who ( after israels demand to them made ) kept back the offenders from the tryall of justice , as accessaries to benjamins fact , judg. . , . which also , was the very case , and the first breach between this parliament and the late king c. position no treason is to be tolerated , without all punishment , though lesse punishment be laid on men for the first offence . abiathar the priest was an evill counsellor of adonijah's , and helped him forward , kings . , , . yet king salomon would not ( for that fault ) put him to death ; because he bare the arke before david his father , and because of his sufferings with david . howbeit salomon did sequester abiathar from his place , and the profits thereof , saying to him , get thee to thy fields at anathoth , vers. , and put in his place good zadok , who chose and anoynted salomon king , vers. . neither did zadok scruple to accept of the place , because it was a sequestration , but he ministred to king salomon in the room of abiathar . which example is a justification of our state in their censures of that sort , and of ministers , by them put into sequestrations , who in their places do serve the souls of the people faithfully . position judgement on malefactors , and sentence may be given upon silence of the party charged , where the fault is palpable . slanderous shimei , was reprived by david , in die coronationis , sam. . , . and confined by king salomon three yeares . but for treasonous breach of his oath and articles , king salomon on his silence to the charge , judged him to death without further confession or conviction , and benaiah slew him at salomons command . this was king charles his case , who also was condemned to 〈◊〉 on his silence to his charge read to him , the things char●●● 〈◊〉 him , being palpable , proveable , and deserving death , in the eye of the judges . position the execution of justice on evill doers , is the peace of them that doe well . for hereupon it is said , the kingdome was established in the hands of salomon . there would not have been any stable , firme , and lasting peace in his kingdome , had hee not executed impartiall justice on the breakers thereof , see kings . ult. a fit president for the states of england . to the supreame authority of the parliament , councell of state , and high court of justice . epist. most honoured commons of england , civill governments are ordered by the lord , the most high ruleth in the kingdomes of men , and giveth them to whomsoever he will : the translation of the rule of this nation from kings to your honours , hath received large testimony from heaven , giving you the hearts of this people , and giving them hearts to jeopard their lives to serve you , and giving you so great salvations by the peoples meanes . oh! that all the lords people might consent in one , to render unto your authority ( which god hath so signally blessed to this people ) all chearfull and faithfull obedience in the lord for conscience sake , and that in thankfulnesse to god , who hath so blessed your counsels for our welfare ; that although , for the transgressions of this land many have been the princes thereof ; yet by your wisdome and prudence , the people may be preserved , henceforward . i know yee are not given to change unnecessarily , and what necessity hath lyen upon you ( the peoples judges ) for the change past , yee know . my humble request is , now supream power is by the people intrusted with your honours , magistatus officium est , ut defendat innocentes , & puniat petulantes . p. martyr . it is the magistrates office , to defend the innocent , and to punish the wrong doer . let good people ( who shall have praise of god ) in their wel-doing , have praise of you . let evill doers know your justice without partiality , quit your selves like men ; be strong , love them , that love the lord . that as good men 〈◊〉 ●ell-doing suffered wrongfully , and formerly were made to 〈◊〉 , now evil doers may flye before your justice , and you may render to them , as they have served us . for god setteth the poore on high from affliction , the righteous shall see it and rejoyce ; and all iniquity shall stop her mouth . thus , the almighty shall be with you to settle this commonwealth in peace : as sometimes israels kingdome was established in the hand of salomon . and knowing the same power lyeth in you , i thought it my duty to present your honours with salomons proceedings , in following whose steps , the eare that heareth you shall blesse you , and the eye that seeth seeth ; you shall beare witnesse to you ; when yee deliver the poore that cry , the fatherlesse , and him that hath no helper , the blessing of him that was ready to perish shall come upon you , and so yee shall make the widowes heart to leap for joy ; yee shall put on righteousnesse as a robe to cloath you , and judgement as a diadem ; while yee are eyes to the blinde , and feet to the lame ; while yee shall be fathers to the poore , and shall search out the cause that came unto you , while yee shall break the jaws of the wicked , and take the spoyl out of their teeth , job . . the powers that be here are your selves , the enacting and the executing lawes for the common-wealth lyeth in your power ; the taxes lately raised have not bin for the private use of your selves , or of your children , that is forbidden of god , ezek. . . but they have been indifferently levyed upon your selves , and upon the people , in defence of the whole common-wealth , and that but for the present necessity ; in which case , king saul tooke of the peoples goods , for the peoples good , and was blamelesse , sam. . , . leagues with idolaters may yee not make , judg. . . deut. . , , , , , , . but if any such among you have made their peace with you , they living peaceably by you , and paying their tribute to you ; keep faith with them , as joshua did with the gibeonites , josh. . for if you purposely make covenant with idolaters , and the people joyne therein , yee and they make your selves , and them , liable to judgement upon the nation from the lord , judg. . . on the other side , if the people joyne not with you in such covenants , your covenant-making with them , will make continuall strife among your selves , untill yee all be utterly consumed . when king amaziah fell from 〈…〉 , the people slew him , chron. . , . according to that is written , sam. . last . but doe yee forbeare league-entring with those that hate the lord , and yee shal strengthen the bands of love among your selves , that love the lord , and against the common enemy . doe yee judge the fatherlesse , and the widow , releeve the oppressed , and yee shall engage god on your side , against the armies of the aliens ; wherefore , if the land of their possession be uncleane , let them returne to you ; doe not yee passe for their peace , but trust yee god for setling peace in your borders ; and yee shall dwell on high , your place of defence shall be the munitions of rockes , your bread shall be given you , and your waters shall be sure . which is the confidence of your daily oratour , who writeth these things . part . iii. the rights of the souldiery . a conference delivered . what , objection nothing but effusion of bloud ( still ) mr. a ? who desires it ? saving that the necessity of the cause calls for it . for god taketh no pleasure in the death of the wicked , ezek. . . yet doth he order bloud and death to the wicked ; i will require the bloud of man , at the band of every beast , and at the hand of every man , gen. . . if any man hate his neighbour , and lye in waite for him , and rise up and kill him , and smite him mortally that he dye , the elders of his city shall send and fetch him thence , and deliver him into the hand of the avenger of bloud , that he may dye . thine eye shall not pitty him , but thou shalt put away the guilt of innocent bloud from israel , that it may goe well with thee , deut. . , , . to this purpose it is said , the sword of the lord , and gideon , judg. . . when god had punished the world of the ungodly by the floud , god smelt a sweet savour of rest , gen. . . shewing , that when judgement was done on the ungodly , the anger of god was then appeased 〈◊〉 ●aine , it was said , then stood up phineas and prayed , saith 〈◊〉 ●xecuted judgement , saith another ; shewing , that judgement should be executed with prayer , not with sensuall pleasure . so , judgement being executed , the plague ceased , psal. . . phineas was a priests sonne , no ordinary magistrate ; his office was to pray , to strike beseemed not his place : yet when he saw the abominations of zimri and cozbi , done in the face of the mourning congregation , he executed judgement , not judicially , but suddenly , and with a javelnt thrust them both thorow , that they dyed . this he did on them , though princes , without any respect of their persons , or of the peoples ill-will for his so doing . and god approved the fact done , for the plague ceased from the people ; and god gave unto phineas ( for this his zeale ) the covenant of an everlasting priest-hood , numb. . , , — , , . thus matthias , and his sonne ( when commissioners came from king antiochus to the city of modin , to compell the israelites to forsake god , and to sacrifice to his idols ) refused to hearken to the kings commandement , to transgresse their religion , protested against that wickednesse , slew one of the jewes that did sacrifice on the altar , killed the kings commissioner , who compelled him to doe sacrifice , and destroyed the kings altar , maccab. . — . — , , , , . thus bare he a zeale to the law of god , doing as phineas did to zimri the sonne of salem ; whereupon he invited all that were zealous of the law , and would stand to the covenant , to follow him ; then many set themselves in battell against them , ver. . but there followed matthias all that fled for persecution , and they smote the wicked in their wrath , and the ungodly in their anger , ver. , , . . so they recovered the law out of the hands of the gentiles , and out of the hands of kings , and gave not place to the wicked . thus did ( after him ) judas , chap. . . and then , ch. . . jonathan , who governed the people , and destroyed the ungodly out of israel . nextly , simon , chap. . . and likewise john , sonne of simon , ver. . and chap. . lastly , judas maccabeus , and his brethren , simon , joseph , jonathan , maccab. . — . fighting with their hands , and praying with their hearts to god , slew three hundred and fifty thousand men , ch●● . — , . cutting off nicanor's head and hand , and ▪ his tongue into many peeces , for his blasphemy against god , whereof you may read more , chap. . , , . in like manner the english souldiers have punished evil-doers , who being the magistrates servants , have been by them required , ( as the posse comitatus wont to be called by the sheriffe of a county ) when malefactours were too numerous , and too strong for their rulers , yet have they neither sack'd , siedged , nor spoyl'd any city , nor waged warre against any place ; but where ( on summons first given them ) the party 's concerned did refuse peace proffered to them ; in which case they have warrant to smite , and spoyle too , deut. . , — . why , question what occasion is there for this shedding of bloud ? the occasion is the punishment of evil-doers , and the praise of them that doe well , pet. . . chiefly , to preserve the life of innocent persons . watchfull shepherds , doe not desire the death of the foxes , simply in their kind ; but in order to the safety of the innocent lambs . and thus it is said , cant. . . take us the foxes , the little foxes that spoyle the vines . christs own vines must not be neglected , in pitty to the foxes of the wood , but the vines must be preserved by the punishment of the foxes . and who are these foxes , but such people as do spoyle the tender vines ? then such persons as would have these foxes spared , are well-worthy to have their vines spoyled , and their lambs killed too ; for so did not salomon , who executed justice on ill-affected persons in their evill doing , in order to the peace and welfare of them that doe well , king. . who then shall blame our state ? who shepherd-like , doe take us the foxes to safe-guard the lambs , or persons simple concerning evill . . whereas you cry out of the effusion of bloud , to spare the guilty ; i perceive you never lament the bloud of the innocent , who are well-affected to god and the parliament ; when that hath been spilt like water on the ground , and there hath been none to gather it . but , thou lovest thine enemies , and hatest thy friends , who have saved thy life ; thou regardest neither princes , nor servants , for if absalom had lived , and all we had dyed this day , it had pleased thee well . if parliament and people , fearing god , and honouring them , had dyed , instead of the earle of darby's company , it had pleased thee well , see sam. . , . but you , objection on dayes of thankes-giving , read ( in triumph ) the horse , and the rider , is throwne downe in the midst of the sea . if moses did well to sing gods praises , when israel was delivered from their aegyptian bondage , and to write so , as no doubt he did ; we may also read what he hath written , having the like occasion , so it be with the same affection . christ bids his disciples , look what spirit they were of , luk. . , , . when these produced their warrant for their praying , as elias did ; so when we praise god in moses words , we are to see it be done in moses his spirit , and we may doe it ; for whatsoever things were written afore-time , were written for our learning , rom. . . and in the holy scriptures we learne to give thankes , ( not for bloud of men shedding , ( as some slanderously affirme that we doe , whose damnation is just ) but , we rejoyce for the punishment of wicked men , for the reward of the righteous men , and for the justice of god in both . the righteous shall rejoyce when he seeth the vengeance , he shall wash his feet in the bloud of the wicked , so that men shall say , verily , there is a reward for the righteous , verily there is a god that judgeth the earth , psal. . , . lord , objection there is no law , nor church , nor state ; but every one does that is right in his owne eyes . yes , here is law , to punish the lawlesse ; here is a church to instruct the ignorant , and to correct them , that live in errour ; and a state , that is a terrour to them that doe evill , and a minister of god for good , to them that doe good , rom. . , . here is a law , that bids , submit your selves to every ordinance of man for the lords sake , whether unto the king as supreame , or unto governours , as to those that are sent by him , for the punishment of evil-doers , and for the praise of them that doe well , pet. . . in which words is a justification of our lawes , being for the punishment of evil-doers , and for the praise of them that doe well ; and a justification of our state too , to be as much an ordinance as the king , they both were ordained of men , they both were chosen by the people , to assemble together for enacting good lawes ; and the commons of england assembled in parliament , have had further confirmation from the people , since they were without a king , in their unanimous banding , and warring against the scots at worcester ; and the people doe well to submit , for the commons ( in the first constitution of this parliament ) were by the people equally intrusted with the power of government , as the king was , they were powers , as well as he , and it became not them ( sitting for the common-wealth's good ) to faile their trust , or to dis-use the power given them in trust , although the ( then ) king brake his trust , and used his power , not for edification , but for destruction of the weale-publick , he with-holding evill-doers from the triall of justice , as by the parliaments declaration , of no addresses to be made to the king doth appeare . he gave passes , and warrants to convey away divers persons questioned by the parliament for their crimes . suppose a father , and his sonne , made joynt feoffees in trust , for conservation of a minors estate , the sonne is ( in order of nature ) inferiour to the father , but consider him in a politick capacity as a trustee , and the son hath power equall with his father ; neither may the son waste the estate intrusted with them both , though the father doth so ; yea , the son must preserve the estate according to his trust , although his owne father wasteth the estate contrary to their trust ; yea , it were but right , and duty in him that keepes his trust , to bring the defaulter to the triall of justice , for fayling his trust ; he that loveth father or mother more then me , is not worthy of me , matth. . . yea , and he that hates not his owne life also , to follow christ , cannot be my disciple , luke . . men of publick trust must hate their owne lives for christ , and must lay aside all private interests , ( of losse and gaine ) for the publick good . thus the late king , and the parliament , were as the father and son , both alike intrusted with englands common-wealth , and as trustees , they had equall power to defend , and safe-guard the people ; and the parliament performed their trust , even against the king , who failed his trust committed by the people to him , and to them . againe ▪ a father and a mother are equally impowered , to bring up , nourish , and cherish children given to them both : now , imagine the father should endeavour the destruction of the childe , as saul attempted jonathan's death , yet may not the mother see , nor allow the same , but preserve her children rather , as the midwives in aegypt did , not fearing the kings commandement . even the hen provides to save her chickens from devouring vermine . it was said , kings shall be their nursing-fathers , and queenes their nursing mothers , esa. . . and commons in parliament are set for such , and if kings have been ( as nimrod ) mighty hunters before the lord , it became the commons to be harborers of the people , against the strife of kings : in cases personal , flee ; in cases nationall , fight ; leges naturae , non abolentur in evangelio etiam subditis adversus dominos grassatores , concessa est defensio proprii corporis , conjugis , &c. contra injustam crudelitatem , bucanon de magistrat . q. . . the lawes of nature are not abolished in the gospell , even to subjects is granted the defence of themselves , their wives and their children , against the unjust cruelty of oppressing princes . thus we have seen here , who be our governours , what is their power , and what be their lawes ; how they are intrusted , to rule well ; and that the people must submit to them in so doing , and to their lawes made by them for the peoples welfare . so here in england , even now is law , the same that christians in primitive times were commanded by . . here is a church in england , though without bishops ; for in our saviour christs time , before bishops were , there was a church , vpon the rocke of peters faith confessed , matth. . , . and this was before there was yet any superiority of disciples or of ministers . for what preheminence had the twelve disciples over one another ? who were alike called by christ , alike sent forth into the world , and had the same successe to have the spirits subjected to them , in christ their masters daies ; and the same parity was among the seventy disciples , as among the twelve . peter ( as the mouth of the rest ) had the honor to confesse christ , the sonne of god , that rocke , on which the church is built . but christ forbids his disciples to exercise lordship over one another , as the gentiles did , saying , hee that will be greatest among you , let him be as him that serveth , matth. . , . let them be more zealous , active , and more exceed in their service , who have received from god more excellent parts . againe , there was no bishops , nor bishops over bishops , when it was said , the lord added to the church , such as should be saved , acts . , . where the church consisted of them that beleeved , having heard the word , and were to be saved . no mention of bishops nor of officers under them . then afterwards we read of deacons , acts . and of elders , act. . and of a church at corinth , cor. . . yea , seven times mentioned in cor. chap. . when in the church every one spake according to his gift , as any thing was revealed to him that sat by , ver. . the saints made a church at corinth , though yee read not of any bishops there then . indeed paul tim. . . doth speake of bishops , ruling their owne house , and taking care of the church of god , and tim. . . counts them worthy of double honour , who labour in the word and doctrine , and tit. . . he commands that they be able by sound doctrine , to exhort , and convince the gain-sayers . but peter bids them , feed the flock of god , as much as in you is , and be not lords over ( or over rule not ) that heritage , pet. . , . {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . where note , that there ought to be no lords bishops over the flock of god ; and that the people , called the flock of god ( because purchased with the blood of christ , ) are gods clergy , as much as bishops . that elders are to feed the flock of god , and by feeding them to exercise rule over them . and the highest person in the church , that hath highest place among the people , hath but the power , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} which signifieth to feed , and matth. . . to rule , and expresse a kind of simple rule , and authority , such as by feeding the sheep , shepheards have over them . here it appears , that when the church of god had elders to feed them , no men might be lords therein , nor over-rule them , but feed them rather : and yee may observe , that when paul , cor. . . mentions helps in government , he names apostles , prophets , teachers , workers of miracles ; but he names not either bishops , elders , or deacons : shewing , that they are not ( that unum necessarium , ) mainly necessary in the church . and however they are ( by some ) numbred among helps in church government ; yet if they be not mainly necessary , they are not greatly to be contended for : for helps in government , are ( but ) of the benè esse , not of the esse of the church ; for there was a church , and a church governed , before bishops were in being , or once so much as named in the church of god . and although these pretended helps in government , be taken away from amongst us , yet here is a church in england stil without bishops : for generally , the bishops did ( but ) pretend to help in the government of the church , the most of them found occasion against both ministers & people , concerning the law of our god , dan. . . who ( proving a snare instead of an helpe ) were justly taken away , the church of england stil abiding a church without bishops . and if your meaning be , that we have no church , i. e. no calling to the ministry in the church , because there bee no bishops to give ordination . i answer , we must soberly distinguish ( as before , between the essentialls and the circumstantialls of a church , so here ) between the essentialls and the circumstantialls of a ministers call . the essentialls of a mans call to the ministry consists in christs gifting men for the office ; or in christs putting into mens hearts the word of reconciliation , to minister thereof to men , cor. . . . in his giving such men willing hearts to preach it cor. . . ordination it self , is but an act of conveniency in respect of order , not of necessity to give men power to preach the gospell . and for ordination by bishops , that is a circumstance lesse necessary to the ministers call . it had its time , to become expedient for such as would enter in by the door ( which is christ ; ) but ordination by bishops was never absolutely necessary to a ministers call . the circumstances convenient to the call of a minister , be divers , . some be primo necessariae , and precedaneous to ordination in this call . as . nomination from among beleevers , such as have gone in and out with us , this justus and matthias also had , act. . . imposition of hands with prayer , which came instead of casting of lots . . examination of men unknowne , tim. . , . . separation to the worke of the ministry which barnabas and saul had , act. . which also , is called ( of some ) by the name of ordination ; and indeed , hath been in use ( as here we see ) before there were bishops to use the same . . some circumstances , be succedaneous to this ordination of ministers . as . recommendation from knowne ministers , which titus had , cor. . . . election to some place , which paul had to macedonia , act. . . . approbation of the people , in that place , who gave up themselves first to god , and then also to us by the will of god , cor. . . all these circumstances , doe respect the bene esse , or the good constitution of the calling to the ministry ; but the esse of their call , requires them not , ordination is no part of the ministers call from god ; for christ is the doore , christs gifting men for it , and his inclining gifted men to minister of that they have received , is that unum necessarium to a ministers call . such an one glorifies not himselfe , to be called a minister of christ , but , hee that is called of god heb. . . for this cause , the bishops ( at the ordination of ministers ) had in use to move this question , are you perswaded , yee are truly called to this ministration ? vide , book of making bishops , priests and deacons . other men have sent forth ministers to the work , as well as bishops , and other people have called ministers to the places of their ministration ; as hath been already proved . from all which premises , it is plaine that the people of england have a church , and have ministers lawfully called , even now , though there be no ordination of bishops to make them such . . here is a state , though without a king , as israel of old had , before there was any king in israel . and when that common-wealth ( after joshua ) ruled by elders for three hundred seventy nine years together . see the book of judges : and those elders obtained a good report through faith , heb. . al this was don before ( yet ) god gave them a king in his wrath , and before king saul plaid the tyrant over that people , as an executioner of gods wrath , which was spoken of him , sam. . — . true kings , bishops and their laws were set up by men for helps in government of this state , church , and commonwealth ; but the people lacking help of them , and being snared by them , they have been rooted out by the trustees of this common-wealth ; yet in want of a king , here is a state still : in the want of bishops , here is a church still ; and in the want of ( the statutes of omri ) the bishops lawes , i mean , their lacks not lawes to rule and governe the people by , even now ; though lawlesse persons grudge , and acknowledge them not , for even the souldiers , or some of them have ( by law ) suffered for their own evill doing . wherefore if men doe onely that is right in their own eyes , it is not for want of rulers , nor with the toleration of the magistrate , let not our state beare blame for that . but why may not he ( meaning the king of scots ) desire his owne , objection his owne inheritance ? no man can be right heire to any earthly kingdome , since christ the heire of all things was deprived , and crucified ; duke william got his power over this kingdome , not by inheritance , but by conquest , and the heire was ( in this family ) put besides the crowne , and many more since that , as eleutherus philodemus largely sheweth ; now the king of scots ( for whom you plead ) must either plead conquest from the conquerour , or succession from his father ( because you say this common-wealth is his owne ) whereas indeed , neither victory , nor succession gives any man right to reigne over a people , only reddit idoneos , it makes men fit , vti rex jac. moreover , the kings of england , were formerly such as the people did chuse , as mr. cooke in his appeale hath observed , from the forme of their oath ; for when king of england were crowned , they bound themselves by oath to rule the people according to the lawes of this nation ; also , the people either chose , or accepted them for their kings , hereupon engaging their allegiance to them . the old king charles , by his hostile breaches of his oath , dissolved the people from their bond , and from their obedience too ; he forfeited his kingdome , and ceased to be king . as for the king of scots , he had neither election , nor approbation from this common-wealth , nor from the representative thereof , the commons in parliament ; and his claime without the peoples consent , gives him no more title to reigne here , then absalom had to rule israel , who designed to be king , while david was king there , and ruled well also ; for so the people of england have chosen , or accepted other governours , according to their liberty ; their liberty being , as theirs was in the common-wealth of israel , who desired elders , judg. . . chap. . — . ah , objection they have taken away the life of the former king , a vertuous king , a divine king ; and they will have none of his race to reigne after him . if his life be taken away , it was not for his vertue , nor for his divinity neither . where were his vertues seen , in his latest governing ? he proclaimed , and waged warre against his best subjects , the parliament , and his good people ; was this a vertue in a king , set up to fight for the people ? for this , the commons of england in parliament have declared him a tyrant : now tyranny is no vertue ; and when ( in the face of death ) he used a forme of prayer taken out of sir philip sidny's arcadia , he proved himselfe neither vertuous , nor divine ; and if his sonne walking in his fathers steps , be also cast off from reigning in england , it is according to gods law . if he beget a sonne that is a shedder of bloud — shall he then live ? he shall not live , he hath done all these abominations , he shall surely dye , his bloud shall be upon him , ezek. . — . by which law , he is cast out of this kingdom , and out of the land of the living too . thus jehu rooted out murderous ahab , and all his race ; so jehu slew all that remained of the house of ahab in iezreel , and all his great men , and his kins-folke , and his priests , untill he left none remaining , king. . . true it is , kings were of old divine , being promised of god to abraham , kings shall come out of thee , gen. . . and some were by gods appointment anoynted kings , as saul , and david ; but of all kings since christs death , it may be questioned , whose are all these ? for after the scepter departed from shiloh , what man , after christs death , was ever anoynted king by gods command ? after the jewes had killed the heire , they said , so the inheritance shall be ours , mat. . . it became ( indeed ) theirs by force of violence , because they seized on it , not by course of nature , nor by inheritance , nor gift , but conquest made kings ; kings indeed were supreame , vt caeteris hominibus praeirent & praelucerent , to use king james his phrase , that they may excell others in doing service to the people , as wel as being in place above the people , not to magnifie their name , but to minde kings of their duty ; but even kings , with all their supremacie , were all ( but ) kings of this world ( after christ ) their kingdomes , kingdomes of men , dan. . . being chosen by men , as the kings of the nations at first , kings of the earth , chron. . , — . kingdomes of this world , revel. . . they were {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} an ordinance of man , . pet. . . so , changeable they are , as the people see just reason and cause for it , e. philodem . p. . altering the forme of government for the substance sake , and preferring the greater before the lesse ; even religion towards god , and the liberties of the people , afore the person of the king , therein not breaking , but keeping the covenant , according to the equity thereof ; vide , the declaration of the army marching into scotland , wherefore , the kingdomes of this world are become the kingdomes of our lord , and of his christ ; and if the powers that be , doe not {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , feed the people , by ruling over them , their power shall be ( likewise ) broken , as this of england hath been , be the nations never so angry , revel. . — , . then no marvell if his servants serve him . the brazen serpent in the wildernesse was ordained by god , but hezekiah seeing it abus'd to idolatry , beate it to powder , threw it into the river , and cald it nehushtan , king. . . and if this state have for his pride and tyrany brought this man downe into the dust of death , and rooted out all kingship after him ; righteous art thou o lord , and upright are thy judgements , psal. . . when king amaziah turned from following the lord , they conspired against him , pursued him to lachish , and slew him there , chron. . . . no man ever was questioned for it . thus that english king lived like rehoboam , following the young mens counsell , spake roughly , and armed himselfe against his owne people , chron. . , . . . and he dyed like jehoram , who reigned wickedly , and dyed without being desired of the people , chro. . , . but he hath received that recompence of his errour which was meet ; and loath should i have been to have raked up the dead-mans bones againe , but in defence of the living , and of our just state . it hath been said , objection pray for your enemies . yea , we pray for our enemies , in pitty to them , yet not to prosper them , but that they may be kept from evil-doing . againe , we must discerne between our enemies and christs enemies , for we may not bid god speed to christs enemies , who bring not his doctrine , joh. . . jehosaphat had this warning , thou shouldest not love them that hate the lord , chron. . . yea , david hated them , that hate god , rightfore , as though they were his enemies , psal. . , . and he often prayed against them ; be not mercifull , o lord , to wicked transgressours , psal. . . or , to such as offend of malicious wickednesse . also we must discerne between our owne private enemies , and the common enemies of our country , omnes omnium charitates patria complectitur , cicer. offic. private interests are all comprehended in the publick , he deserves no pitty , who pitties not the common-wealth , although there be a pretence of pitty to the enemies of our country . a publick spirit loves christ afore his country , and his country above himselfe ; and if above himselfe , then above the enemies of christ , and of his country much more ; alwayes preferring his country , and the welfare of them that love christ therein , above the enemies of his country ( who ever they be ) both in our prayers and praises , in our counsels , and in all our services of peace , and warre : for the king , and the parliament are majores singulis , yet they are minores vniversis , see vox militaris ; and as totum universum est majus suis partibus . a rotten member must not be spared , in pitty to the whole ; ense recidendum est , nè pars sincera trahatur . true it is , in common infirmities the rule is , forgive , and it shall be forgiven you , luk. . . for , love covers a multitude of sins , pet. . . in crying sins , and in criminall cases , the law is , thou shalt smite them , thou shalt utterly destroy them , and shalt shew them no favour , deut. . . in case of ignorance , we pray for our enemies ; father , forgive them , they know not what they doe , luk. . . but in case they offend of malice , we pray against our enemies , let death seize upon them : let them goe downe quicke into hell , for wickednesse is in their dwellings , and amongst them , psal. . . you have power on your side , objection and your profits , by the state , and no marvell you speake for them . i never received reward from the state , to speake for them , yet i have cause in duty , and thankfulnesse , to speake for them , in as much as i have received from them ; and if i speake for them , yet i speake the truth of them . they put the late king to death , . not privily , as zimri slew his master , but they brought him forth to his triall publikely , and legally ; had he had any thing to say in his owne defence , for clearing himselfe of the crimes charged against him . . nor did they this , as zimri slew his master , in his drunkennesse , a personall sinne against god , and himselfe , king. . , . but they did it for his sins against the nation , and this english people ; even as king joash , who was slaine on his bed , for cruelty and ingratitude against the sons of jehoiada the priest , who had anointed him king , chron. , . and as king amon , who was slaine on his bed by his servants , for his open idolatry , chron. . , , , . . they put him not to death pretending a jealousie without cause , as saul would have slaine his sonne jonathan , for pleading for david , and would have killed david , for that as long as david liveth , nor jonathan , nor his kingdome should be established , sam. . . . . not for small matters , as the corinthians went to law , cor. , , . . not for a seeming cause , as saul for his rash vowes sake , would have put jonathan his sonne to death , had not the people rescued him , sam. . . — , , . but it was for a cause reall , great , open , and manifest ; a breach of trust , and of his covenant with his people ; for setting up his standard , and warring against the parliament , who desired , and endeavoured to punish evil-doers , whom he favoured . a publike , nationall offence ; true , i doe honour this state , and if mine enemy should write a booke against me for so doing , i should binde it to my shoulder ; for god hath honoured them , with many succesfull victories over their enemies , and with much love of persons well-affected to god , and christ , who also doe returne their honour to god , and to the people that did chuse them , making the welfare and common good of the people their supreame law , being true keepers of the liberties and peace of the people ; and needs must i speake , write , and pray for their peace , let them all prosper that love them . touch not mine anointed , objection and doe my prophets no harme , psal. . , . and how then dare any man touch , or harme a king ? this question hath been 〈◊〉 moved , and as often answered ; but i say , it were rather 〈◊〉 asked , how dare any man touch , or harme his prophets , and his people ? which both are his anoynted there , not to be touched or harmed , no not by kings themselves ; for god reprooveth kings for their sakes , ver. . for kings are not therefore the lords anoynted , because outwardly anoynted by men . oleum , est tantum signum & judicium ja : rex . but the lords prophets and people were inwardly anoynted and sanctified to be the lords , vide geneva notes in margin ; for the saints in christ have this honour , to execute the judgement written against wicked rulers , with a two edged sword in their hands , to bind their kings in chaines ; and their nobles in fetters of iron , psal. . , , . yea , objection but these were heathen kings , as it is said , to execute vengeance on the heathen , and corrections upon the people , vers. . what difference between heathens by nationall profession , and heathens by un-christian conversation ? for what do heathens more then they ? in their works they deny him , tit. . . they eate up my people , as men eate bread , psa. . . and so do these kings who cease to be christian in their deeds : yea , and judgements are written against unchristian kings , as against heathen kings and other sinfull men ; if yee shall doe wickedly , yee shall be consumed , both yee and your king , sam. . ult. for , their thus sining , is the case of those circumcised , who became uncircumcised ; forsook the holy covenant , joyned themselves to the heathen , and were sold to doe mischeife , in the dayes of antiochus , macchab. . . christian kings in name , turn heathens , when they break asunder all bonds of nature , nation , and religion too . and they become punished as heathen princes be . when nebuchadnezzar , in his pride became a beast , his own people turned him out among the beasts , untill he should acknowledge the god of heaven ; that rules in the kingdome of men , and gives it to whomsoever he pleaseth , dan. . , , , . to the valiant commanders , and watchfull souldiers . epist. gentle , and contentfull souldiers , it was an old question of one hetruscus , whether a christian may in any case go to war ? it s answered , he may ; for to doe justice and judgement , is more acceptable then sacrifice , prov. ● . . and it s answered by osorius de nobilit . christian . lib. . respublica non possit stabiliri , nisi armorum praesidio , qui militem ●ollit , rempublicam funditus evertit . christus poli●eias non eripuit , sed in melius instruit . the common-wealth cannot be stablished , unlesse it be guarded with armes . take away the souldier , and yee overturne the commonwealth . christ would not abolish civil governments , but forme them for the better : he neither tooke the axe from the judges ; nor did paul deny the sword to the magistrates ; nor did john baptist disarme the souldiers , but prescribed them lawes of innocency and moderation , do violence to no man , and be content with your wages , lu. . . yea , paul cals the magistrate , a minister of god to thee for good , thou doing well ; and saith , he bears the sword to execute wrath upon them that doe evill , rom. . , . indeed , it were much to be wished by every christian , that a●l men may contain themselves from doing evil , that there were not this occasion given for punishment , & for war ; for , thy people shall be all righteous , then thy officers shall be peace , & thine exactors righteousnesse , the lord will hasten it in his time , isa. . , . but since that time is not yet , and this cannot ( yet ) be , yee must remember , that nation and kingdome that will not serve thee ( god and his people ) shall be wasted , v. . impetus hostium , est armis depellendus & civium audacia , est ferro reprimenda . the boldnesse of vice , must be reprooved with the couragiousnesse of vertue . our fathers of old were led by the spirit for the rebuking malefactors ; and we know that vengeance in a private matter becomes valour in the case of a commonwealth . patience in personall injuryes , does in nationall wrongs assume a magnanimity invincible , as joshua did ; and it was a fruit of their peace with god , when our fathers undertook sanctissima bella contra sceleratos , most holy wars against notorious offenders ; for what peace ? so long as jezabels whoredoms , and her witchcrafts are so many ? king. . . the end of war upon the wicked , should be the quietnesse and peace of those that are godly and honest . humbly acquaint your selves with god , and be at peace among your selves . couragiously follow the captaine of your salvation , patiently carry his crosse after him , faithfully commit the safe-keeping of your souls in weldoing to him , and let us pray also for the peace of englands common-wealth . amen . finis . notes, typically marginal, from the original text notes for div a e- sect. . sect. . august . sect. . destroy . sect. . sect. . sect. . sect. . ames . cas. li . . cap. . vrsin . sect. . sect. . sect. . sect. . sect. . sect. . sect. . sect. . notes for div a e- answ . ☞ ans. ans. . ans. ans. answ . ans. ans. ans. the pre-eminence and pedigree of parlement whereunto is added a vindication of som passages reflecting upon the author in a book call'd the popish royal favorite, pen'd and published by mr. prynne wherein he stiles him no frend [sic] to parlements, and a malignant, pag. : with a clearing of som occurrences in spain at his maiesties being there, cited by the said master prynne out of the vocal forest / by j.h. ... howell, james, ?- . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing h b). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing h b estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the pre-eminence and pedigree of parlement whereunto is added a vindication of som passages reflecting upon the author in a book call'd the popish royal favorite, pen'd and published by mr. prynne wherein he stiles him no frend [sic] to parlements, and a malignant, pag. : with a clearing of som occurrences in spain at his maiesties being there, cited by the said master prynne out of the vocal forest / by j.h. ... howell, james, ?- . prynne, william, - . popish royall favourite. p. printed by r.r. for humphrey moseley, london : . reproduction of original in the university of illinois (urbana-champaign campus). library. eng england and wales. -- parliament. representative government and representation -- england. great britain -- politics and government. a r (wing h b). civilwar no the pre-eminence and pedigree of parlement. wherunto is added a vindication of som passages reflecting upon the author, in a book call'd the howell, james b the rate of defects per , words puts this text in the b category of texts with fewer than defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - tcp staff (michigan) sampled and proofread - allison liefer text and markup reviewed and edited - pfs batch review (qc) and xml conversion the preeminence and pedigree of parlement . wherunto is added a vindication of som passages reflecting upon the author , in a book call'd the popish royal favorite , pen'd and published by mr. prynne ; wherin he stiles him , no frend to parlements , and a malignant , pag. . with a clearing of som occurrences in spain at his maiesties being there , cited by the said master prynne out of the vocal forest . by j. h. esquire one of the clerks of his maiesties most honorable privy-councel . published by special order . london , printed by r. r. for humphrey moseley . . to my worthily honored frend , sir w. s. knight . sir , i have many thanks to give you for the book you pleased to send me , called the popish royal favorite ; and according to your advice ( which i value in a high degree ) i put pen to paper , and somthing you may see i have don ( though in a poor pamphleting way ) to clear my self of those aspersions that are cast upon me therin . but truly sir , i was never so unfit for such a task ; all my papers , manuscripts , and notes , having bin long since seized upon and kept from me . adde hereunto , that besides this long pressure and languishment of twenty three moneths close restraint ( the sense wherof , i find hath much stupified my spirits ) it pleased god to visit me lately with a dangerous fit of sicknes , a high burning feaver , with the new disease , whereof my body as well as my mind , is yet somwhat crazy : so that ( take all afflictions together ) i may truly say , i have passed the ordeal , the fiery tryal . but it hath pleased god to reprieve me to see better days i hope ; for out of this fatal black cloud , which now oresets this poor island , i hope ther will break a glorious sun-shine of peace and firm happines : to effect which , had i a jury , a grand-jury of lives , i would sacrifice them all , and triumph in the oblation . so i most affectionately kisse your hands , and rest your faithful ( though afflicted ) servant , from the prison of the fleet . j. h. the pre-eminence of parlement . sectio prima . i am a free-born subject of the realm of england ; whereby i claim as my native inheritance , an undoubted right , propriety , and portion in the laws of the land : and this distinguisheth me from a slave . i claim also an interest and common right in the high national court of parlement , and in the power , the priviledges and jurisdiction thereof , which i put in equal ballance with the laws , in regard it is the fountain whence they spring : and this i hold also to be a principal part of my birth-right ; which great councel i honour , respect , value , and love in as high a degree as can be ; as being the bulwark of our liberties , the main boundary and bank which keep us from slavery , from the inundations of tyrannical rule , and unbounded will-government . and i hold my self obliged in a tye of indispensable obedience to conform and submit my self to whatsoever shall be transacted , concluded , and constituted by its authority in church or state ; whether it be by making , enlarging , altering , diminishing , disanulling , repealing , or reviving of any law , statute , act , or ordinance whatsoever , either touching matters ecclesiastical , civil , common , capital , criminal , martial , maritine , municipal , or any other ; of all , which , the transcendent and uncontrolable jurisdiction of that court is capable to take cognizance . amongst the three things which the athenian captain thank'd the gods for , one was , that he was born a grecian , and not a barbarian . for such was the vanity of the greeks , and after them of the romans , in the flourish of their monarchy , to arrogate all civility to themselves , and to term all the world besides barbarians : so i may say to have cause to rejoyce , that i was born a vassal to the crown of england ; that i was born under so well moulded and tempered a government , which endows the subject with such liberties and infranchisements that bear up his natural courage , and keep him still in heart ; such liberties that fence and secure him eternally from the gripes and tallons of tyranny : and all this may be imputed to the authority and wisdom of this high court of parlement , wherin ther is such a rare co-ordination of power ( though the soverainty remain still entire , and untransferable in the person of the prince ) ther is , i say , such a wholsom mixture 'twixt monarchy , optimacy , and democracy ; 'twixt prince , peers , and communalty , during the time of consultation , that of so many distinct parts , by a rare co-operation and unanimity , they make but one body politic , ( like that sheaf of arrows in the emblem ) one entire concentrical peece ; and the results of their deliberations , but as so many harmonious diapasons arising from different strings . and what greater immunity and happines can ther be to a peeple , then to be liable to no laws but what they make themselves ? to be subject to no contribution , assessement , or any pecuniary levy whatsoever , but what they vote , and voluntarily yeeld unto themselves ? for in this compacted politic body , there be all degrees of peeple represented ; both the mechanick , tradesman , merchant , and yeoman , have their inclusive vote , as well as the gentry , in the persons of their trustees , their knights and burgesses , in passing of all things . nor is this soverain surintendent councel an epitome of this kingdom onely , but it may be said to have a representation of the whole universe ; as i heard a fluent well-worded knight deliver the last parlement , who compared the beautiful composure of that high court , to the great work of god , the world it self : the king to the sun , the nobles to the fixed stars , the itinerant judges and other officers ( that go upon messages 'twixt both houses ) to the planets ; the clergy to the element of fire ; the commons , to the solid body of earth , and the rest of the elements . and to pursue this comparison a little farther ; as the heavenly bodies , when three of them meet in conjunction , do use to produce som admirable effects in the elementary world : so when these three states convene and assemble in one solemn great junto , som notable and extraordinary things are brought forth , tending to the welfare of the whole kingdom , our microcosm . he that is never so little versed in the annales of this isle , will find that it hath bin her fate to be four times conquered . i exclude the scot ; for the situation of his countrey , and the quality of the clime hath bin such an advantage and security to him , that neither the roman eagles would flie thither , for fear of freezing their wings ; nor any other nation attempt the work . these so many conquests must needs bring with them many tumblings and tossings , many disturbances and changes in government ; yet i have observed , that notwithstanding these tumblings , it retained still the form of a monarchy , and somthing there was alwayes that had an analogy with the great assembly the parlement . the first conquest i find was made by claudius caefar ; at which time ( as som well observe ) the roman ensignes and the standard of christ came in together . it is well known what laws the roman had ; he had his comitia , which bore a resemblance with our convention in parlement ; the place of their meeting was called praetorium , and the laws which they enacted , plebescita . the saxon conquest succeeded next , which were the english , ther being no name in welsh or irish for an englishman , but saxon , to this day . they governed by parlement , though it were under other names ; as michel sinoth , michel gemote , and witenage mote . there are records above a thousand yeers old , of these parlements , in the raigns of king ina , offa , ethelbert , and the rest of the seven kings during the heptarchy . the british kings also , who retain'd a great while som part of the isle unconquered , governed and made laws by a kind of parlementary way ; witnes the famous laws of prince howel , called howel dha , ( the good prince howel ) wherof ther are yet extant som welsh records . parlements were also used after the heptarchy by king kenulphus , alphred , and others ; witnes that renowned parlement held at grately by king athelstan . the third conquest was by the danes , and they govern'd also by such general assemblies , ( as they do to this day ) witnes that great and so much celebrated parlement held by that mighty monarch canutus , who was king of england , denmark , norway , and mher regions yeers before the compiling of otagna charta ; and this the learned in the laws do hold to be one of the special'st , and most authentic peeces of antiquity we have extant . edward the consessor made all his laws thus , ( and he was a great legis-lator ) which the norman conquerour ( who liking none of his sons , made god almighty his heir , bequeathing unto him this island for a legacy ) did ratifie and establish , and digested them into one entire methodical systeme , which being violated by rusus , ( who came to such a disastrous end , as to be shot to death in lieu of a buck for his sacriledges ) were restor'd by henry the first , and so they continued in force till king john , whose raign is renowned for first confirming magna charta , the foundation of our liberties ever since : which may be compar'd to divers outlandish graffs set upon one english stock , or to a posie of sundry fragrant flowers ; for the choicest of the british , the roman , saxon , danish , and norman laws , being cull'd and pick'd out , and gathered as it were into one bundle , out of them the foresaid grand charter was extracted : and the establishment of this great charter was the work of a parlement . nor are the laws of this island onely , and the freedom of the subject conserved by parlement , but all the best policed countreys of europ have the like . the germanes have their diets , the danes and swedes the riicks dachs ; the spaniard calls his parlement las cortes , and the french have ( or should have at least ) their assembly of three states , though it be grown now in a manner obsolete , because the authority therof was ( by accident ) devolv'd to the king . and very remarkable it is , how this hapned ; for when the english had taken such large footing in most parts of france , having advanced as far as orleans , and driven their then king charls the seventh to bourges in berry ; the assembly of the three states in these pressures , being not able to meet after the usual manner in full parlement , because the countrey was unpassable , the enemy having made such firm invasions up and down through the very bowels of the kingdom ; that power which formerly was inherent in the parlementary assembly , of making laws , of assessing the subject with taxes , subsidiary levies , and other impositions , was transmitted to the king during the war ; which continuing many yeers , that intrusted power by length of time grew as it were habitual in him , and could never after be re-assumed and taken from him ; so that ever since , his edicts countervail acts of parlement . and that which made the busines more feasable for the king , was , that the burthen fell most upon the communalty ( the clergy and nobility not feeling the weight of it ) who were willing to see the peasan pull'd down a little , because not many yeers before in that notable rebellion , call'd la jaquerie de beauvoisin , which was suppressed by charls the wise , the common peeple put themselves boldly in arms against the nobility and gentry , to lessen their power . add hereunto as an advantage to the work , that the next succeeding king lewis the eleventh , was a close cunning prince , and could well tell how to play his game , and draw water to his own mill ; for amongst all the rest , he was said to be the first that put the kings of france , hors de page , out of their minority , or from being pages any more , though thereby he brought the poor peasans to be worse then lacquays . with the fall , or at least the discontinuance of that usual parliamentary assembly of the three states , the liberty of the french nation utterly fell ; the poor roturier and vineyard-man , with the rest of the yeomanry , being reduced ever since to such an abject ●●●nin condition , that they serve but as sponges for the king to squeeze when he list . neverthelesse , as that king hath an advantage hereby one way , to monarchize more absolutely , and never to want money , but to ballast his purse when he will : so ther is another mighty inconvenience ariseth to him and his whole kingdom another way ; for this illegal peeling of the poor peasan hath so dejected him , and cowed his native courage so much by the sense of poverty ( which brings along with it a narrownes of soul ) that he is little useful for the war : which puts the french king to make other nations mercenary to him , to fill up his infantry : insomuch , that the kingdom of france may be not unfitly compared to a body that hath all its blood drawn up into the arms , brest and back , and scarce any left from the girdle downwards , to cherish and bear up the lower parts , and keep them from starving . all this seriously considered , ther cannot be a more proper and pregnant example then this of our next neighbours , to prove how infinitely necessary the parlement is , to assert , to prop up , and preserve the publike liberty , and national rights of a peeple , with the incolumity and welfare of a countrey . nor doth the subject onely reap benefit thus by parlement , but the prince ( if it be well consider'd ) hath equal advantage thereby ; it rendereth him a king of free and able men , which is far more glorious then to be a king of slaves , beggars , and bankrupts ; men that by their freedom , and competency of wealth , are kept still in heart to do him service against any forrain force . and it is a true maxime in all states , that 't is lesse danger and dishonour for the prince to be poor , then his peeple : rich subjects can make their king rich when they please ; if he gain their hearts , he will quickly get their purses : parlement encreaseth love and good intelligence 'twixt him and his peeple ; it acquaints him with the reality of things , and with the true state and diseases of his kingdom ; it brings him to the knowledg of his better sort of subjects , and of their abilities , which he may employ accordingly upon all occasions ; it provides for his royal issve , payes his debts , finds means to fill his coffers : and it is no ill observation . the parlementary-moneys ( the great aid ) have prospered best with the kings of england ; it exceedingly raiseth his repute abroad , and enableth him to keep his foes in fear , his subjects in awe , his neighbours and confederates in security , the three main things which go to aggrandize a prince , and render him glorious . in sum , it is the parlement that supports , and bears up the honour of his crown , and settles his throne in safety , which is the chief end of all their consultations : for whosoever is entrusted to be a member of this high court , carrieth with him a double capacity ; he sits there as a pairiot , and as a subject : as he is the one , the countrey is his object , his duty being to vindicate the publike liberty , to make wholsom laws , to put his hand to the pump , and stop the leaks of the great vessel of the state : to pry into and punish corruption and oppression , to improve and advance trade , to have the grievances of the place he serves for redressed , and cast about how to find somthing that may tend to the advantage of it . but he must not forget that he sits there also as a subject , and according to that capacity , he must apply himself to do his soveraigns busines , to provide not onely for his publike , but his personal wants ; to bear up the lustre and glory of his court ; to consider what occasions of extraordinary expences he may have , by encrease of royal issue , or maintenance of any of them abroad ; to enable him to vindicate any affront or indignity that might be offered to his person , crown , or dignity , by any forrain state or kingdom ; to consult what may enlarge his honour , contentment and pleasure . and as the french tacitus ( comines ) hath it , the english nation was used to be more forward and zealous in this particular then any other , according to that ancient elequent speech of a great lawyer , domus regis vigilia defendit omnium , otium illius labor omnium , deliciae illius industria omnium , vacatio illius occupatio omnium , salus illius periculum omnium , honor illius objectum omnium . every one should stand centinel to defend the kings houses , his safety should be the danger of all , his pleasures the industry of all , his ease should be the labour of all , his honour the object of all . out of these premisses this conclusion may be easily deduced , that , the principal fountain whence the king derives his happines and safety , is his parlement : it is that great conduit-pipe which conveighs unto him his peeples bounty and gratitude ; the truest looking-glasse wherin he discerns their loves ; now the subjects love hath bin alwayes accounted the prime cittadel of a prince . in his parlement he appears as the sun in the meridian , in the altitude of his glory , in his highest state royal , as the law tels us . therfore whosoever is avers or disaffected to this soveraign law-making court , cannot have his heart well planted within him : he can be neither good subject , nor good patriot ; and therfore unworthy to breathe english air , or have any benefit , advantage , or protection from the laws . sectio secunda . by that which hath been spoken , which is the language of my heart , i hope no indifferent judicious reader will doubt of the cordial affection , of the high respects and due reverence i bear to parlement , as being the wholsomest constitution ( and don by the highest and happiest reach of policy ) that ever was established in this island , to perpetuate the happines therof : therfore i must tell that gentleman who was author of a book entituled the popish royal favorite , ( lately printed and exposed to the world ) that he offers me very hard measure ; nay , he doth me apparant wrong , to terme me therein no frend to parlement , and a malignant ; a character , which as i deserve it not , so i disdain it . for the first part of his charge , i would have him know , that i am as much a frend , and as real an affectionate humble servant and votary to the parlement , as possibly he can be , and will live and die with these affections about me : and i could wish , that he were secretary of my thoughts a while ; or if i may take the boldnes to apply that comparison his late majestie used in a famous speech to one of his parlements , i could wish there were a crystal window in my brest , through which the world might espie the inward motions and palpitations of my heart ; then would he be certified of the sincerity of this protestation . for the second part of his charge , to be a malignant , i must confesse to have som malignity that lurks within me , much against my will ; but it is no malignity of mind , it is amongst the humours , not in my intellectuals . and i beleeve , there is no natural man , let him have his humours never so well ballanced , but hath som of this malignity raigning within him ; for as long as we are composed of the four elements , whence these humours are derived , and with whom they symbolize in qualities ; which elements the philosophers hold to be in a restlesse contention amongst themselves ( and the stoick thought that the world subsisted by this innatemutual strife ) as long , i say , as the four humours , in imitation of their principles ( the elements ) are in perpetual reluctancy and combate for praedominancy , ther must be some malignity lodg'd within us , as adusted choler , and the like ; wherof i had late experience in a dangerous fit of sicknes it pleased god to lay upon me , which the physitians told me proceeded from the malignant hypocondriacal effects of melancholy ; having been so long in this saturnine black condition of close imprisonment , and buried a live between the wals of this fatal fleet . these kinds of malignities , i confesse are very rife in me , and they are not onely incident , but connatural to every man according to his complexion : and were it not for this incessant strugling and enmity amongst the humours for mastery , which produceth such malignant effects in us , our souls would be loth ever to depart from our bodies , or to abandon this mansion of clay . now what malignity my accuser means , i know not ; if he means malignity of spirit , as som antipathy or ill impression upon the mind , arising from disaffection , hatred , or rancor , with a desire of som destructive revenge , he is mightily deceiv'd in me ; i maligne or hate no creature that ever god made , but the devil , who is the author of all malignity ; and therefore is most commonly called in french le malin asprit the malignant spirit . every night before i go to bed , i have the grace , i thank god for it , to forgive all the world , and not to harbour , or let roost in my bosom the least malignant thought ; yet none can deny , but the aspersions which this my accuser casts upon me , were enough to make me a malignant towards him ; yet it could never have the power to do it : for i have prevail'd with my self to forgive him this his wrong censure of me , issuing rather from his notknowledge of me , then from malice ; for we never mingled speech , or saw one another in our lives , to my remembrance : which makes me wonder the more , that a professor of the law , as he is , should pronounce such a positive sentence against me so slightly . but me thinks i over-hear him say , that the precedent discourse of parlement is involv'd in generals , and the tropique axiome tels us , that dolus versatur in universalibus , there is double dealing in universals : his meaning is , that i am no friend to this present parlement ( though he speaks in the plural number parlements ) and consequently , he concludes me a malignant ; therin , i must tell him also , that i am traduc'd , and i am confident it will be never prov'd against me , from any actions , words , or letters ( though divers of mine have bin intercepted ) or any other misdemeanor , though som things are father'd upon me which never drop'd from my quill . alas , how unworthy and uncapable am i to censure the proceedings of that great senate , that high synedrion , wherin the wisdom of the whole state is epitomized ? it were a presumption in me , of the highest nature that could be : it is enough for me to pray for the prosperous successe of their consultations : and as i hold it my duty , so i have good reason so to do , in regard i am to have my share in the happines ; and could the utmost of my poor endeavours , by any ministerial humble office ( and somtimes the meanest boat-swain may help to preserve the ship from sinking ) be so happy , as to contribute any thing to advance that great work ( which i am in despair to do , while i am thus under hatches in this fleet ) i would esteem it the greatest honour that possibly could befal me , as i hold it now to be my greatest disaster , to have faln so heavily under an affliction of this nature , and to be made a sacrifice to publike fame , then which ther is no other proof , nor that yet urg'd against me , or any thing else produc'd after so long , so long captivity , which hath brought me to such a low ebbe , and put me so far behind in the course of my poor fortunes , and indeed more then half undon me . for although my whole life ( since i was left to my self to swim , as they say , without bladders ) has bin nothing else but a continued succession of crosses , and that there are but few red letters found ( god wot ) in the almanack of my age , ( for which i account not my self a whit the less happy ; ) yet this crosse has carried with it a greater weight ; it hath bin of a larger extent , longer continuance , and lighted heavier upon me then any other ; and as i have present parience to bear it , so i hope for subsequent grace to make use of it accordingly , that my old motto may be still confirmed , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . he produceth my attestation for som passages in spain , at his majesties being there , and he quotes me right , which obligeth me to him : and i hope all his quotations , wherin he is so extraordinarily copious and elaborate in all his works , are so ; yet i must tell him , that those interchangeable letters which passed between his majesty and the pope , which were originally couch'd in latine , the language wherin all nations treat with rome , and the empire with all the prinees therof ; those letters , i say , are adulterated in many places , which i impute not to him , but to the french chronicler , from whom he took them in trust . the truth of that busines is this : the world knows ther was a tedious treaty of an alliance 'twixt the infanta dona maria ( who now is empresse ) and his mijesty , which in regard of the slow affected pace of the spaniard , lasted about ten yeers , as that in henry the sevenths time , 'twixt prince arthur and ( afterwards ) queen katherine , was spun out above seven : to quicken , or rather to consummate the work , his majesty made that adventurous journey through the whole continent of france into spain ; which voyage , though ther was a great deal of gallantry in it ( whereof all posterity will ring , until it turn at last to a romance ) yet it prov'd the bane of the busines , which 't is not the arrand of so poor a pamphlet as this to unfold . his majesty being ther arriv'd , the ignorant common peeple cryed out , the prince of wales came thither to make himself a christian . the pope writ to the inquisitor general , and others , to use all industry they could to reduce him to the roman religion ; and one of olivares first complements to him , was , that he doubted not but that . his highnes came thither to change his religion : wherunto he made a short answer , that he came not thither for a religion , but for a wife . ther were extraordinary processions made , and other artifices us'd by protraction of things to make him stay ther of purpose till the spring following , to work upon him the better : and the infanta her self desir'd him ( which was esteem'd the greatest favour he received from her all the while ) to visit the nun of carion ; hoping that the said nun , who was so much cryed up for miracles , might have wrought one upon him ; but her art failed her , nor was his highnesse so weak a subject to work upon , according to his late majesties speech to doctor mawe and wren , who when they came to kisse his hands , before they went to spain to attend the prince their master , he wished them to have a care of buckingham ; as touching his son charls , he apprehended no fear at all of him ; for he knew him to be so well grounded a protestant , that nothing could shake him in his religion . the arabian proverb is , that the sun never soiles in his passage , though his beams reverberate never so strongly , and dwell never so long upon the myry lake of maeotis , the black turf'd moors of holland , the aguish woose of kent and essex , or any other place , be it never so dirty . though spain be a hot country , yet one may passe and repasse through the very center of it , and never be sun-burnt , if he carry with him a bongrace , and such a one his majesty had . well , after his majesties arrival to madrid , the treaty of marriage went on still , ( though he told them at his first coming , that he came not thither like an ambassadour , to treat of marriage ; but as a prince , to fetch home a wife ; ) and in regard they were of different religions , it could not be done without a dispensation from the pope , and the pope would grant none , unless som capitulations were stipulated in favour of the romish catholikes in england , ( the same in substance were agreed on with france . ) well , when the dispensation came , which was negotiated solely by the king of spains ministers ; because his majesty would have as little to do as might be with rome , pope gregory the fifteenth , who died a little after , sent his majesty a letter , which was delivered by the nuncio , wherof an answer was sent a while after : which letters were imprinted and exposed to the view of the world , because his mijesty would not have peeple whisper , that the busines was carried in a clandestine manner . and truely besides this , i do not know of any letter , or message , or complement , that ever pass'd 'twixt his majesty and the pope , afore or after ; som addresses peradventure might be made to the cardinals , to whom the drawing of those matrimonial dispatches was referred , to quicken the work ; but this was onely by way of civil negotiation . now touching that responsory letter from his majesty , it was no other then a complement in the severest interpretation , and such formalities passe 'twixt the crown of england , and the great turk , and divers heathen princes . the pope writ first , and no man can deny , but by all moral rules , and in common humane civility . his majesty was , bound to answer it , specially considering how punctual they are in those countries to correspond in this kind , how exact they are in repairing visits , and the performance of such ceremonies : and had this compliance bin omitted , it might have made very ill impressions , as the posture of things stood then ; for it had prejudiced the great work in hand , i mean , the match , which was then in the heat and height of agitation : his majesties person was there engag'd , and so it was no time to give the least offence . they that are never so little vers'd in busines abroad , do know that ther must be addresses , compliances , and formalities of this nature ( according to the italian proverb , that one must somtimes light a candle to the devil ) us'd in the carriage of matters of state , as this great busines was , wheron the eyes of all christendom were so greedily fix'd : a busines which was like to bring with it such an universall good , as the restitution of the palatinate , the quenching of those hideous fires in germany , and the establishing of a peace through all the christian world . i hope none will take offence , that in this particular which comes within the compas of my knowledg , being upon the stage when this scene was acted , i do this right to the king my master , in displaying the truth , and putting her forth in her own colours , a rare thing in these dayes . touching the vocal forest , an allegorical discourse , that goes abroad under my name , a good while before the beginning of this parlement , which this gentleman cites ( and that very faithfully ) i understand there be som that mutter at certain passages therin , by putting ill glosses upon the text , and taking with the left hand what i offer with the right : ( nor is it a wonder for trees which lie open , and stand exposed to all weathers , to be nipt ) but i desire this favour , which in common justice , i am sure in the court of chancery , cannot be denied me , it being the priviledg of evry author , and a received maxime through the world , cujus est condere , ejus est interpretari ; i say , i crave this favour , to have leave to expound my own text , and i doubt not then but to rectifie any one in his opinion of me , and that in lieu of the plums which i give him from those trees , he will not throw the stones at me . moreover , i desire those that are over critical censurers of that peece , to know , that as in divinity it is a rule , scriptura parabolica non est argumentativa ; so it is in all other kind of knowledg . parables ( wherof that discourse is composed ) though pressed never so hard , prove nothing . ther is another rule also , that parables must be gently used , like a nurses brest ; which if you presse too hard , you shall have blood in stead of milk . but as the author of the vocal forest thinks he hath done , neither his countrey , nor the common-wealth of learning any prejudice thereby ; ( that maiden fancy having received so good entertainment and respect abroad , as to be translated into divers languages , and to gain the public approbation of som famous universities . ) so he makes this humble protest unto all the world , that though the designe of that discourse was partly satyrical ( which peradventure induc'd the author to shrowd it of purpose under the shadows of trees ; and wher should satyres be , but amongst trees ? ) yet it never entred into his imagination to let fall from him the least thing that might give any offence to the high and honourable court of parlement , wherof he had the honor to be once a member , and hopes he may be thought worthy again : and were he guilty of such an offence , or piacle rather , he thinks he should never forgive himself , though he were appointed his own judge . if ther occur any passage therin , that may admit a hard construction , let the reader observe , that the author doth not positively assert , or passe a judgment on any thing in that discourse which consists principally of concise , cursory narrations of the choisest occurrences and criticisms of state , according as the pulse of time did beat then : and matters of state , as all other sublunary things , are subject to alterations , contingencies and change , which makes the opinions and minds of men vary accordingly ; not one amongst twenty is the same man to day as he was four yeers ago , in point of judgment , which turns and alters according to the circumstance and successe of things : and it is a true saving , wherof we find common experience , posterior dies est prioris magister . the day following is the former dayes schoolmaster . ther 's another aphorism , the wisdom of one day is soolishnes to another , and 't will be so as long as ther is a man left in the world . i will conclude with this modest request to that gentleman of the long robe ; that having unpassionately perus'd what i have written in this small discourse , in penning wherof my conscience guided my quill all along as well as my hand , he would please to be so charitable and just , as to revers that harsh sentence upon me , to be no frend to parlements , and a malignant . finis . a letter from the lord lambert and other officers to general monck, inviting the officers under his command to subscribe the representation and petition presented to the parliament the day before. with a modest and christian answer thereunto by general monck, (deserving perpetuall honour) importing their refusall to joyne in that design, as being a breach of trust, and of danger to the common-wealth. lambert, john, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing l thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) a letter from the lord lambert and other officers to general monck, inviting the officers under his command to subscribe the representation and petition presented to the parliament the day before. with a modest and christian answer thereunto by general monck, (deserving perpetuall honour) importing their refusall to joyne in that design, as being a breach of trust, and of danger to the common-wealth. lambert, john, - . albemarle, george monck, duke of, - . , [ ] p. [s.n.], london : printed, an. dom. . annotation on thomason copy: " ber [i.e. october]. ". reproduction of the original in the british library. eng england and wales. -- army -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason e _ ). civilwar no a letter from the lord lambert and other officers to general monck, inviting the officers under his command to subscribe the representation lambert, john c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion a letter from the lord lambert and other officers to general monck , inviting the officers under his command to subscribe the representation and petition presented to the parliament the day before . with a modest and christian answer thereunto by general monck , ( deserving perpetuall honour ) importing their refusall to joyne in that design , as being a breach of trust , and of danger to the common-wealth . london , printed , an. dom ▪ . a letter from the lord lambert , and other officers , to general monck , inviting the officers under his command , to subscribe the representation and petition , presented to the parliament the day before . right honourable , we do by command from the general council of officers of the army , now in london , transmit the inclosed to you , being a true copie of the representation and petition , which was this day by them humbly presented to the parliament , and the votes of the house passed thereupon ; and are further to signifie their desires , that the same may be communicated to all commissioned officers of that part of the army under your command , : and that the subscriptions of all may be taken , to the representation and petition , that are free to sign the same ; which being so signed , it is desired , you will be pleased to cause them to be close sealed up , and returned to thomas sandford , esq secretary to his excellency the lord fleetwood , who is to give an account thereof . as we have thus fulfilled the general councils pleasure , we are well assured you wil be pleased to comply with their requests , which is all at present from white-hall , . octob. . your humble servants , lambert . john disborowe . william packer . john mason . richard creed . robert barrow . for the right honourable general monck at dalkeith , scotland . general monck's answer to the foregoing letter , directed as followeth , for the right honourable , the lord lambert , to be communicated to the council of officers . right honourable , i received a letter directed from your self and others , of the th of this instant , with the inclosed papers , in pursuance of an order of the general council of officers , as you are pleased to intimate : i must humbly begg your excuse , that i am not able to satisfie your commands in that particular . indeed our force is very small , and our enemie very great ; and i shall be unwilling to set any thing on foot , that may breed jealousie amongst us ; and finding many officers decline the signing all papers of that nature , and rather propense to declare their testimonie to the parliaments authority , and their absolute adherence thereunto , i have thought it my duty to suspend the execution of your desires , least it may make a breach of affections amongst us . and i further humbly offer to your thoughts , that the petition having been already presented , and in part answered by the parliament , our concurrence therein cannot be any ways advantageous . i shall not interpose mine own judgement concerning it , but do earnestly desire that matters of such great waight may not be imposed upon us , who are not present at the debates , nor privie to the councils by which your resolutions may be governed and led to such actions . i shall not further trouble you , but only represent to your thoughts the great necessity we have to labour for unity , in this day of our fears . i shall not need to tell you , that mis-understandings between the parliament and army are the great hopes of our adversaries , and there is no other way to gratifie their designs . i bless the lord for those evidences that i see , of a peaceable spirit , in your address . i do , and i shall always endeavour , and pray , that god would not break the staff of our beauty , or staff of bands , that he would make all good men ( though of different judgements ) one in his hand , that we may arrive at that blessed settlement , for which we have expended so much blood and treasure : and as i have always endeavoured to express my obedience , in acquiescing in the wisedome of those that god placeth over me , so i shall continue and ever be , dalkeith , . octob. . your lorpps . very humble servant , george monck . for the right honourable , the lord lambert , to be communicated to the council of officers . by the king, a proclamation for the further adjourning the parliament england and wales. sovereign ( - : charles ii) approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing c estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) by the king, a proclamation for the further adjourning the parliament england and wales. sovereign ( - : charles ii) charles ii, king of england, - . england and wales. privy council. broadside. printed by the assigns of john bill and christopher barker ..., in the savoy [i.e. london] : . "given at our court at whitehall the third day of july . in the th year of our reign." reproduction of original in the guildhall, london. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- parliament. great britain -- history -- charles ii, - . great britain -- politics and government -- - . - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion diev et mon droit honi soit qvi mal y pense royal blazon or coat of arms by the king. a proclamation for the further adjourning the parliament . charles r. his majesty having so ordered his affairs , that his two houses of parliament may forbear their assembling on the eleventh day of august next , being the time prefixed , whereof he declared he would give timely notice , that they might spare their attendance at a season of the year , when their being in the countrey is so necessary for their private occasions , and for other weighty considerations , his majesty doth ( by the advice of his privy council ) publish , notifie , and declare his will and pleasure to be , that his house of peers shall adjourn themselves , and also his house of commons shall adjourn themselves on the said eleventh day of august , until the tenth day of november next ensuing ; whereof the lords spiritual and temporal , knights , citizens and burgesses , and all others whom it may concern ; may hereby take notice , and dispose themselves accordingly ; his majesty letting them know , that he will not at the said eleventh day of august , expect the attendance of any , but onely such of either of the said houses of parliament , as being in or about the cities of london or westminster , may be present at the making the said adjournment . given at our court at whitehall the third day of july . in the th year of our reign . god save the king . in the savoy , printed by the assigns of john bill and christopher barker , printers to the kings most excellent majesty , . the scotch souldiers speech concerning the kings coronation-oath. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing s thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) the scotch souldiers speech concerning the kings coronation-oath. montrose, james graham, marquis of, - , attributed name. , [ ] p. s.n.], [london : printed in the yeare, . later editions are attributed, probably erroneously, to james graham, marquis of montrose. place of publication from wing. annotation on thomason copy: "may. . london". reproduction of the original in the british library. eng charles -- i, -- king of england, - -- coronation -- early works to . kings and rulers -- duties -- early works to . great britain -- history -- civil war, - -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason e _ ). civilwar no the scotch souldiers speech concerning the kings coronation-oath.: [montrose, james graham, marquis of] b the rate of defects per , words puts this text in the b category of texts with fewer than defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - elspeth healey sampled and proofread - elspeth healey text and markup reviewed and edited - pfs batch review (qc) and xml conversion the scotch souldiers speech concerning the kings coronation-oath . printed in the yeare , . the scotch souldiers speech , concerning the kings coronation oath . gentlemen , & fellow souldiers , though as a scotchman i may be plaine , and a souldier blunt , yet ( i hope ) as a christian i shall be honest , and as a subject loyall in the expression of that duty , which by the laws of god , of nature , of the kingdome , of gratitude , and of humanity is due to one , who is by soveraigne majesty our king , by birth our countryman , by education a protestant , by profession , and actions a most pious prince , and by his gratious compliance with us confident in our loyalty ; the confluence of which obligements hath made all the powers of heaven , and earth to stand as it were in amaze , being big with expectations to see how well or ill we deport our selves in this businesse of such high concernment . who knowes but that the divine providence hath sent his majesty to us , that we might be made the happy instruments of a well grounded peace , and of restoring religion to its purity , the church to its rights , the king to his prerogative , and lawes to their chanell , the nobility , and gentry to their honours and estates , and the people to their liberties : if we resolve upon these things , we may crown our nation with honour , but if unworthy thoughts possesse our soules , we may justly feare , that ( although salvation may come some other way , ) yet we , and our party shall perish . it is true that we have an hard game to play , but having the chiefe triumph trump in our owne hands , besides so many honours , we shall prove but ill gamesters , if we be not gainers by the deale , and give religion and justice their due , besides the saving of our owne stakes : but for the effecting hereof it behooveth us to looke with our owne eyes , and not through those spectacles , or prospectives through which others present matters unto us : we have hitherto been made beleeve , that the end , and design of all this war was to fetch the king from his evill councellour to his parliament of england ; his majesty very often , ( yea even beneath the dignity of so great a prince ) desired to comply with them , but they instead of accepting his majesty , voted him a prisoner ; his majesty having honoured us with his royall presence , there are now no evill councellours about his , there are no armies to animate his non-compliance : what is now the rock of offence ▪ beleeve it ( all the circumstances of this war considered ) we may justly feare that we have been made but a stale to the designes of those seditious schismaticks , who are now the obstacles of the kingdomes peace , and that they ( like the ape ) made use of the cats foot to plucke those chesnuts out of the fire , which themselves had designed for their owne palat ; it behooves us now duly to examine the businesse , and we are bound ( according to the trust reposed in us by his majesty ) to vindicate his majesties rights , and to see her restored to all his legall prerogatives : but shall i tell you the true causes of this present difference , and that which we may upon good grounds suspect to be the true occasion of this most horrid , and unnaturall war ? his majesty at his coronation in england tooke an oath in these words : i will maintaine , and preserve to you ( the bishops ) and to the churches committed to your charges , all canonicall privileges , and i will be your protector , and defender to my power , by the assistance of god , as every good king in his kingdome in right ought to defend the bishops , and churches under their government : then ( laying his hand on the booke on the communion table ) he saith , these things i have before promised i shall performe and keep , so helpe me god , and the contents of this booke . here is an oath able to strike terrour and amazement into the hearts of all , ( the due circumstances there of being considered ) as well as feare and reverence in his majesty about the performance of the same : it is taken by gods anoynted , in gods house , at gods table , upon gods booke , tendred by gods ministers , to defend gods rights , in the presence of gods people , and that with the imprecation of gods curses , and forfeiture of gods blessings ; so that if ever any oath could properly , by way of eminency , be called the oath of god , this is it : his majesty therefore out of his princely piety ( conceiving himselfe bound in duty to god , in honour to the church , in justice to his subjects , and in obedience to christian principles to maintaine his oath , ) refuseth to consent to the root and branch bills against the episcopacy : but some ( whom i will not name ) forgetfull of his majesties honour , and conscience , and resolving to execute their owne designes in altring the government of the church , have raised a militia , and called us into their ayd , thereby to force a compliance from his majesty , and the royall party , with them . and now what soule is not astonished ? what heart doth not bleed ? whose eares do not tingle ? to heare that we ( unhappy we ) should , under the pretence of holy covenants , be made the instruments of such horrid impieties ? what could the devill , and all the fiends of hell have thought on more impious then perjury ? what more obnoxious to the church of god then sacrilege ? what more rebellious then by force of armes to compell the king to both ? what more blasphemous to god , and scandalous to christianity , then to do all these things under the name & pretence of religion ? what , was god the god of truth when he gave us the precept of performing all our vows , and is he now become the god of perjurie ? did god detest the withholding of tythes , and offerings as robbery done to himselfe , and is he now become a patron of sacrilege ? did he enjoyn subjection to superiours as to his owne ordinances , and that upon paine of damnation , and is he now become a generall to rebels , whereby to force the king against his oath , and conscience ? heare ô heavens , and hearken ô earth , if ever any such thing were committed , that a great councell of a kingdome , of christians , of protestants , of subjects , of those that were sworn to defend the kings rights , should countenance tumults , connive at assaults upon his majesty , examine the circumstances of his birth to prove bastardy in him , that thereby they might remove him , and his royall posterity , from the crown , raise a militia against him , vote him that he was seduced by evill counsell , that he sought the destruction of the parliament , to bring in popery , and to rule by an arbitrary way , vote his royall consort to be guilty of high treason for her loyalty , murder his nobility , destroy his gentry , oppresse his subjects , wincke at the blasphemous hew-and-cries of britannicus , and vote his majesty to prison , because out of a pious , and princely resolution , he is fully bent to maintaine his oath , rather to part from his life , and crowne , then from that religion , and government , both in church ●nd state , which he is sworne , and hath so often deeply protested , and declared to maintaine . good god! what shall we say to this ? whether shall we cause our shame to slye ? to whom shall we appeale for excuses ? shall we ascend up into heaven for them ? loe there we shall find all the saints , and angels of god , who continually behold the face of their heavenly father , detesting those new doctrines of forcing the kings conscience contrary to his oath ; as such whereof all the patriarches , and prophets , and martyrs of god were formerly ignorant . shall we appeale unto men ? behold ireland conquered , our owne country up in armes , the greatest part of the nobility , and gentry , and all the heads of the universities , together with the learned part of the clergie of england , detesting our actions with as much abomination , as ever the egyptians hated the profession of shepherds : and if we had put the case at the election of the parliament members , if the king will not , contrary to his oath taken at his coronation , consent to the pulling down of episcopacy , and alteration of the church government , whether or no it be the subjects minds by force of armes to compell him thereunto , contrary to his oath and conscience , all people would have been ready to stone us , as not thinking it possible that such horrid impieties should enter into the hearts , or thoughts of the great councell of the kingdome ; and certainly if we had ingenuously confessed the truth at first , without the cloake of a thorough reformation , or of fetching evill councellers from the king , we should never have raised so great a power : and if we look beyond the seas , we are accounted the shame of christians , and the scorn of christianity , yea even all protestant churches ( when they are really informed , against what principles we have proceeded ) will hate , and detest our actions : shall we ransacke the sacred scriptures ? i have shewed you before against what divine precepts we have proceeded , but behold there indeed the pure fountaines of living water blundred , and abused for the justification of our cause ; when one shall tell us , that we may fight against our king , because it is written , thou shalt binde their kings in chaines , and their nobles with linckes of iron : another ( blaspheming the king with horrid slanders ) shall conclude that tophet was prepared of old , yea for the king it was prepared : and a third ( as though he would fore-prophecye of the kings destruction ) saith , though jeconiah were the signet upon my right hand , yet will i plucke him from thence : are not these horrid things , such as would make a dumbe man speake , and a wise man dumbe with horrour and amazement ? if ( fellow souldiers ) you intend to be ruled by the scripture , let me put you a scripture-case ; in sauls seeking to make havocke of the gibeonites , contrary to the oath given them , you may observe , how this oath was obtained by fraud , and a lye ; that it was expresly against the covenant of promise given to abraham , isaac , and jacob , and afterwards to moses , aaron , and the people ; that it was given rashly without asking counsell of god , and to a people by nation heathens , by religion idolaters , and by condition vassals , to be drawers of water and hewers of wood ; that what saul did was at the least yeares after the oath given , in which time that oath may seeme to some to be antiquated ; and that he did it in zeale to the people of israel ; but what the successe ? the bloud of the men shed by reason of this perjury cryed aloud to heaven for vengeance ; gods eares were opened to their cries , he punisheth the whole land with famine , and would not be paci●ied but with the hanging up of almost all sauls posterity : are not these things written for our instruction ? and what judgements ( thinke we ) shall attend us if we force the king to violate that oath , which his majestie tooke by the lawes of the kingdome , for the preservation of gods , and the churches rights , shall we then looke within us , and there make boasts of the spirit ? but if gods word be the tryall of the spirit , that spirit which is repugnant to the word of god cannot be the spirit of god ; gods spirit comes to us in truth not in perjury , in meeknesse , in the forme of a dove , not of an eagle , or with vultures tallons to steale flesh from the altar ; and we know this to be the difference between the spirit of truth , and the spirit of errour , that truth desireth nothing but the armes of righteousnesse , the armes of prayer , and teares , and the sword of the spirit , which is the word of god : to fight for the profession : hereof against their lawfull kings , the doctrines of setting kingdome against kingdome , and nation against nation , by forreigne wars , and of setting the father against the son , and the son against the father by civill dissentions , are the doctrines of those false christs , who shall deceive many , and are reserved for the worst of times , to be maintained by the worst of men , who by their boasting of the spirit , fill the church with heresies , and schismes , the kingdome with rebellion , and the world with confusion : shall we plead the votes , and orders of the parliament of england , or the nationall covenant ? what were this , but under pretence of pulling downe popery to set up idolatry , and to lay aside all the lawes of god for the covenant , and for the votes and orders of the houses ? but if the covenant be to maintaine religion , and the kings honour , we shall then truly performe the covenant in both , when we detest those doctrines , and actions , that dishonour god , and the king , by accursed perjury ; and that were a covenant with hell that should covenant to force the king to forsweare himselfe . but tell me , ( i pray you ) is it the votes , and orders of the houses , and the covenant , or the commandements of god that shall justifie or condemne us the last day ? shall we plead the lawes of england ? but ( i pray you ) what lawes can be of force to mate themselves against the lawes of god ? and what lawes of the kingdome were ever produced to justifie the raising of a militia , and the calling in of forraine ayde , and joyning in covenants , thereby to force the kings violation of his coronation oath ? againe ( if we beleeve them that are professed in those lawes ) they lay this as a maxime , that no law , statute , or custome , which is either against the law of god , or principles of nature , can be of any validity , or force , but are voyd , and null in law ; they say further , that therefore this oath was by the fundamentall lawes and constitutions of the kingdome presented to his majesty of purpose to bind his conscience to preserve the ecclesiasticall rights , for the comfort , and encouragement of true piety , and learning : that as the lawes , and statutes of articuli cleri , and other recordes should bind the hands of the subjects , so this oath should binde the conscience of the king from violating the churches rights : and therefore it is expressed as a severall article in the coronation-oath , that the king should never assent to any act , that should trench upon their rights , and that howsoever the kings conscience was at liberty to consent to the alteration of any other of the municipall lawes , yet it should be bound as to this by the especiall and direct words of the oath ; as likewise his majesty is bound by the words of that oath , to doe justice to all : and therefore by vertue of this oath , as well as of honour and justice , if the houses tender any bills which his majesty conceives to be against common right , or justice , his majesty is bound not to give his majesties royall assent thereunto , which cannot but strike amazement in all knowing men , that any should be so impudently wicked , as against all the lights of god , of nature , and the kingdome to trie the king with perjury , because he will not consent to the root and branch bils against episcopacy ; and the royall party desires no other happinesse then to be admitted to a full and free disputation upon that point ; and that their reasons might be published in all churches , and declared to all the world , for the justification of his majesties and their innocencies in this cause . against this shall we plead the pride and arrogancie of the bishops and clergy ? but i feare this will be with greater pride ; suppose some bishops and clergy exalt themselves against some of gods people , must we therefore exalt our selves against god , and gods anointed ? because some bishops are proud , must ye subjects therefore take up armes to force the king to perjury , and sacrilege ? let their insolencies be punished , but let gods and the churches rights remaine . it is granted that some of the clergy by the irregularitie of their actions , and laying clogges upon mens consciences , gave a great scandall to the church , but these might be legally proceeded against ; and what innovations they had brought in contrary to law might have been reformed ; but must therefore the function , contrary to all the principles of religion , law , and reason , be rooted out ? because there was a judas amongst the apostles , did christ take away the apostleship ? because many angels did rebell against god , did god destroy the whole hierarchy ? suppose some bishops sought to set themselves the one at the right hand of the king , the other at his left , as james and john did at christs ; must their ambition cause all to be despised ? if god should root out all mankinde , because some are most refractory wicked persons , what would become of us ? the doctrines of rooting out all for the abuses of some , are agreeable neither to the precept , nor patterne of him , who will have the wheat and ta●es grow together till the harvest : and it hath formerly been accounted the wisedome of parliaments to reforme abuses by regulating , not by extirparton . but yet what hath the righteous done ? whose eyes are so swelled with pride , or blinded with malice , that doe not see how many saints of god there were both of the bishops , doctors , and other clergy , who willingly laid downe their lives for that cause , and religion , which his majesty doth now maintaine ▪ and for us to say , that if they had lived in these dayes , they would have ended with us , is a speech as full of arrogancie , as ignorance , and expresly against all their actions ; and how many are there of their successors , who , before this unhappy difference , were men famous in their generations , and have now none other fault but their constancy to their religion , and their loyalty to their king ? shall we then justice our cause , for that god hath gone along with our armies ? ô poore miserable creatures if we have no better then such fig-leaves to cover our nakednesse ! because god doth often blesse the adulterous seed , is he therefore either the cause , or lover of adultery ? if we have nothing but the power of the sword for the justification of our cause , by this title , the blasphemies of mahomet in the alcoran , and the dotages of the popish superstitions in the legend may lay claime to heaven as well as we : but what if god out of the heat of his wrathfull indignation towards us , have ( as he useth to doe to those whom he gives over to a reprobate sence ) given us the victory , thereby to obdurate us in our rebellion , that through pride of heart , and vaine conceit of a just cause , we might be made more uncapable of repentance , and pardon ? it is true , that god hath had a controversie with the english , and we for their sinnes may be made the rod of gods anger in punishing the king , and all his royall party ; but we know not how soone for our owne sinnes god may throw this rod into the fire . perchance you will say , that the king in taking away the churches rights should doe no more , then what he himselfe in part , and his royall predecessors have formerly consented unto : but who knowes not , that his majesty never willingly agreed to the abrogation of any of the churches dues ; and if his pious heart smite him for cutting off the lap of their skirts , must he be forced to strip them as naked as the yong man that left his linnen garment behind him ? and who knows not that all those kings , who have been regardlesse of their oathes in taking away the churches rights , have been pursued by the hand of justice , so that there is not so much as the name , or posterity of any of them remaining ? and who knowes but that those acts of impietie might be amongst those crowdes of sinnes , which have cryed so lowd for judgement against these kingdomes ? but shall we say that this oath is an evill oath , and so evill in the taking , and worse in the keeping ? this were to cast dirt upon the face of the whole constitution of that church , & state of that kingdom which appointed the tenure of this oath to his majesty . but wherin ( i pray you ) doth the malignity of this oath consist ? suppose that there were now a parliament of papists , who would take up arms under pretence of a thorow reformation , and of voting all protestants that should side with the king , as evill counsellers , and of fetching the king from them to his great councell , should not we that are protestants stand up in his majesties justification ? should not we abominate the violating of these lawes of god , of nature , and of the kingdome , under the pretence of the power of the great councell , as jesuiticall impostures ? is it unlawfull for the king to breake his oath for any votes , orders , or ordinances of popish parliaments and shall protestants now doe that which they so much detest in papists ? but if there be any that will plead for baal let them stand up , and produce their strong reasons , let the case be truly stated to the assembly of divines , and if they have any new directories for the regulating of the kings conscience against his oath , as well as for thrusting the apostles creed out of the church , let them be published to the world , that all christians may judge how orthodoxe they are . first let them resolve whether or no the king ( not withstanding the taking of this oath ) be bound to take away the churches rights ? and whether or no ( like so many popes ) they or the houses have power to dispense with oaths , and to nullifie them at their pleasure . secondly , if the king will not bend his conscience to be warped into perjury , by the scorching heat of their zeale , whether or no it be lawfull for the subjects to raise a militia , and to call us in to their aide to force the king thereunto , and whether or no it be rebellion so to do ? thirdly , where the king is pursued because he will not commit perjury , whether or no the subjects by that accompt which they are to give to god , by the duty which they owe to the king , and by the oaths of allegeance which they have taken , be not bound to stand up in his majesties aide , for the vindication of his majesties honour , and conscience ? fourthly , where the subjects do upon these grounds engage themselves in his majesties service , whether or no it be according to the rules of religion , or justice , to vote , or publish them to be enemies to god , and all godlinesse , papists , popishly affected , traitors to the king , enemies to their country , disturbers of the peace , and such like ? fifthly , whether or no all those clergy-men that have taken the oathes of canonicall obedience , and to maintaine the discipline , and government of the church ; all those of the laity that have taken the oathes of offices , of trusts and of allegeance , can justifie the violation of those oathes , to comply with the two houses , in forcing his majesty to violate this ? sixthly , whether or no all the laws of god , and man , which justifie , and vindicate the kings rights , and conscience , are to be esteemed as void and null in law ; and whether or no all the bloud shed in this most horrid and unnaturall war shall be imputed to them , who seeke to vindicate his majesties honour , and conscience , or to those , who ( under pretence of a thorow reformation , and of fighting against evill counsellors ) give the king so many battells , and turne these kingdomes into so many acheldama's , filling them not only ( as manasses did jerusalem ) with bloud from one end to the other , but also with so many perjuries , sacriledges , and horrid blasphemies ? if the assembly of divines be ashamed to own these accursed impieties , why should not we be ashamed to defend those things by our swords , which they are ashamed to justifie with their pens ? i thinke impiety is not yet grown to that height of impudency , that any man dare dispute these questions , in the discussing whereof it will appear , that , if all the precepts of divinity were taken out of the word of god , all the dictates of reason blotted out of the book of nature , and all the maximes spunged out of the lawes and statutes of this kingdome , which have been violated in the justification of this war against the king , there would be neither scripture , reason , nor law left us how to walk as christians , men , or subjects : but if there be any whose desperate condition hath sold him ( like ahab ) to work wickednesse before the lord , and to plead for the violation of the kings oath , that were not only to sharpen the tongues and pens of men , but even the arrowes of gods judgements against us , and our cause , and to make the enemies of god to blaspheme religion , yea to expose our selves , our kingdoms , our religion , and all that we have , to the contempt and scorn of all nations , and religions whatsoever . what kingdom can with safety , enter into a league , or confederacy with our king ; what forreign nation can with security relie upon the honesty of our merchants ; what religion will not feare to hold communion with such a religion , or nation , whose principles , either in religion , or state , maintaine , that the subjects may take up armes to force the king contrary to his oath , yea his coronation-oath ? how often have our pulpits rung , that faith is to be kept with hereticks , and shall now the subjects take up arms to force the king to perjury ? lord , what shall i say ? is the councell of trent now removed into henry the sevenths chappell ? is the popes chaire at rome changed into the speakers chaire at westminster ? must our new reformed religion be founded upon the foure corner stones of blasphemy , perjury , sacrilege , and rebellion ? and shall we temper the morter thereof with the bloud ; and teares of his majesties loyall people , of our fellow subjects , of our brethren , and of those , who live , and dye in the same faith of christ with our selves ? i tremble to thinke what the event of these things may be though we have hitherto escaped the sword , i pray god that a serpent out of the wall doe not bite us : if it were taken so ill that the late lord archbishop of canterbury , and some other counsellors of state should alter the kings oath in some circumstances ( the substance of the oath still remaining ) how ill will it be taken that we should rise in armes to force the kings conscience against this oath ? but admitting it had been but a private oath , nay if a wicked oath , and his majesties conscience had led him to take and defend the same , what doctrine is there in the scripture that inables the subjects to rise in rebellion against him for it ? we may now see the scaene of the churches stage strangely altered ; the church , and true religion formerly suffered persecution by the tyranny of kings ; but now kings ( yea pious kings ) suffer persecution by the tyranny of religion : these these and such like arguments are those rocks upon which the royall party hath built their judgement ; who , although they be overcome by the sword , are not yet vanquished in their cause ; for which they make their appeales to heaven , and call god and man to witnesse their innocency , rejoycing in nothing more , then that there will be a day of judgement , when the righteous , and impartiall judge shall judge both them , and us according to the justice and innocency of the cause : in the meane time , now that god hath done with them , who knowes 〈◊〉 〈◊〉 he may begin with us , and call us to an accompt ? let us therefore hasten on the peace , thereby to prevent those clouds of bloud , which threaten to dissolve themselves upon us in fire , and haile-stones ; let us lay the foundation thereof in heaven , by rooting out those accursed doctrines of sedition , which have watered our furrowes with so much bloud ; let us by a generall councell chosen out of all the provinces within his majesties dominions , according to the ancient , and known laws of the severall kingdomes , restore religion to its purity of doctrine , & the church to its unity of discipline : but for us to thinke of a reformation by faction and rebellion , and to talke of religion whilst we hold up our swords to force the kings conscience to perjury , is to blaspheme , not to maintaine religion : and yet , as one absurdity opens the doore to a thousand more , and one sinne makes way for another , i have heard some of our leven , ( finding that they have done what they could by the sword , and all to no purpose ) thinke to cover the shame of this tenent with a worse ; and ( as david thought to cover his adultery by murder , ) so these would cover their murder by adulterating the church of god , and would cloake the forcing of the kings conscience by armes , with proceeding against him by ecclesiasticall censure ; but was ever any hereticke so blasphemously impudent , as to talke of a tradatur satanae against their king , because he will not perjure himselfe to commit sacrilege and apostacy : this were to deliver our selves not the king to satan , and to burne our selves in hell for thus blaspheming god , and the king , whilst his majesty signes his halelujahs in heaven ; the curse causelesse shall not come , and the arrowes that we shall shoot against him will fall upon our own heads : this was not it for which his majesty put himselfe upon our loyalty : if the king would have been forced against his conscience , hee needed not to have hazarded either his life , or crowne , or to have committed himselfe to our trust , he could have forsworne himselfe without our counsell , or compulsion ; let us take heed that we make not a prey of that deere , which flyes to us for succour from the hunts-mans hounds . let us poure balm into the wound of the three kingdoms , by vindicating his majesties honour , and conscience , and by restoring the king , his royall consort , the prince , the church , and the other subjects to their lawfull rights ; so shall we by giving unto caesar the things that are caesars , and unto god the things that are gods , truly make a covenant with heaven by our religion , and justice ; and we may make up all the breaches of dissention by an happy union ; god may be pacified towards us ; we may prevent the plots of future designes ; obtaine honour with all christian princes ; and be restored to our owne homes , with the plentifull reward of religion , justice , and loialty . finis coronat opus . to the right honourable the parliament and the councell of state of england, the most humble expression of sir balthazar gerbier concerning his integrity and zeale to this state and nation, and the account he desires to give thereof. gerbier, balthazar, sir, ?- . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing g ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing g estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) to the right honourable the parliament and the councell of state of england, the most humble expression of sir balthazar gerbier concerning his integrity and zeale to this state and nation, and the account he desires to give thereof. gerbier, balthazar, sir, ?- . p. s.n., [s.l. : ?] caption title. "to all fathers of noble families and lovers of vertue," p. - . reproduction of original in the british library. eng gerbier, balthazar, -- sir, ?- . great britain -- history -- civil war, - . great britain -- politics and government -- - . a r (wing g ). civilwar no to the right honourable the parliament, and the councell of state of england. the most humble expression of sir balthazar gerbier, concernin gerbier, balthazar, sir a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - judith siefring sampled and proofread - judith siefring text and markup reviewed and edited - pfs batch review (qc) and xml conversion to the right honourable the parliament , and the councell of state of england . the most humble expression of sir balthazar gerbier , concerning his integrity and zeale to this state and nation ; and the account he desires to give thereof : whereas the thoughts of men are only knowne to god , and men onely to judge by words and actions ; as it imports to all states that men should not offend by words or deeds ; so it imports to know their intentions , especially in unsetled times , that there wants no men who minde but mischiefe ; who also make it their work to traduce all such as run not their course ; which being a known truth , justly moves the said sir balthazar gerbier , to declare , first , that it was a true zeale towards this nation , which moved him to come to it , in the year ( from zealand his native country , belonging to the states generall ) and to apply himself during the best part of so many yeares since to the publique service ; hee never to his knowledge by word or action , said or did any thing , that might or could contradict the truth of that zeale by him profest . secondly , that as soon as he perceived this nation to be threatned with disturbances , hee ( by the intercession of the prince elector palatine , the then king being at yorke ) became an humble suitor for leave to retire , and to return beyond the seas , resolving then to abandon all court entertainments , and imployments , that could have argued in him a disposition , contradicting what he had so long profest ; and so preferred the keeping entire and spotlesse his integrity before all other worldly considerations in generall , as in particular , the recovery of all such summes of money as hee hath disburst during his residency abroad , for the service of the state , and at home in his charge of master of ceremonies , for which hee had gotten some tallies struck upon bishops , which were stopt soon after that it was told at court , he ceased not to pay assessements , and which was the cause also that sir clement cotterell being at oxford , was instantly invested in his charge , though it was setled upon the said sir balthazar gerbier , during life , by patent under the then great seale of england , first as adjoynt to his predecessor sir john finet , and since his decease in quality of sole master of ceremonies . which could not be taken from him , except he had merited that which was most unjustly and injuriously told to his face , ( by the instigation of the lord cottington ) that hee had deserved to be hanged by his legges , for having named those who did betray this state . the interest whereof , being the cause of what he then did , was ever so deare unto him as it shall ever be preferred by him beyond all that may concern his particular , as in that of his office of master of ceremonies , during life , he shall never complain against the state , that it was , during his absence setled upon a gentleman , who for his service in quality of publique minister hath well deserved ; and who having all the necessary qualities , is so fit for the execution thereof . thirdly , that during his seven years absence , he hath not only continued to contribute to the maintenance of the army by due payments of assessements , and all kind of taxations , ( though himself deprived of all employments ) . but publiquely profest to wish the preservation of this state , against all forreigne and inland enemies , with the same zeale and integrity of mind as he hath proceeded with , during his former twelve yeares constant residency in the court of bruxels , whence he did as diligently as possibly he could , advertize the state of all the trecheries intended and acted against the same , as he did divers times represent to the late king , that his neighbours would never consider his power , except it was seasoned with an harmonious concordance of parliaments , of which truth the said sir balthazar gerbier , appeales to his journalls which the state doth possesse . but his fidelitie to the state proved to him his utter ruine , so great then being the resentments of those who were offended ; that in obedience to the parliament he named those who advertised the publick ministers of state in forraign courts , especially those of rome and spaine , of all the secrets of this state , and who did crosse and overthrow divers of the most important affaires wherein the honour and greatnesse of this nation was concerned . fourthly that his late re passing the seas hither with his family was on the same grounds he first came to this state whence he departed without standing in need of any quietus est , having that of his own conscience , the free score whereon he was again moved to present himself , and to offer to give such a ful account of all his actions as should be thought fit , besides the explaining of all such expedients contained in severall of his papers , both written and printed , and as were sent first by himself to the right honourable master speaker , since the year , and by m. reni augier this states resident at paris ( to whom the said sir balthazar gerbier shal alway appeal , as to an infallible witnesse of his zeal , affection & fidelity to this state ) by which expedients ( whenput in practice ) the revenue of the state may be augmented by two or three hundred thousand pound per an. & this with notable advantage & applause of the people , as may prove the present use of one of them , by him so long since proposed , which having bin observed by the late dr. dorisla , hath also by some active person been presented to the parliam . under the notion of an office of general remembrances of matters of record , which when setled , and practised as it ought to be , may render to the state more then fortie thousand pound per annum . and finallie the ground of the said sir b. gerbier his comming over to be for the erecting of an academy , on all such principles and orders as are mentioned in his treatises heretofore presented to divers members of this honorable court of parliament , and of the councel of state , and in the following leaves . for the performance whereof he in his own person ( & in those of his own family ) undertakes , as also to prove his said design to tend to the glory of god , the honor of the nation , the improvement of all lovers of vertue , and the breeding of youth therein . to all fathers of noble families , and lovers of vertue . sir balthazar gerbier knight , the author of the academy at bednall greene neere london , wherein the honour of the nation , the generall satisfaction of all fathers of families , and the improvement of all men that are lovers of languages , sciences , and all noble exercises is concerned , having , during his being conversant with forreigne nations , and his residency among them , in service of the state observed both the advantages which fathers of families , and all lovers of vertue procure to themselves by publicke academies , as also the inconveniences whereunto many of those that travell , are subject ; hath also fixt on this most noble , and most necessary designe ( how great and laborious soever it may prove to him and his ) to apply all his time , his cares , labours , faculties , and all possible industry , as well in his owne person , as by those that shall teach the hebrew , greeke , latine , french , italian , spanish , german , and low dutch , severall sorts of hands of excellent writing both ancient and moderne histories , joyntly with the constitution and government of the most famous empires and states of the world , besides the true experimentall naturall philosophy , as also what is most necessary and most noble , of the mathematicks , to wit , arithmetick ; the true method of keeping books of account , by debter and creditor , as is practized in italy , and other parts of europe . geometry , geographie , cosmographie , perspective , and architecture , as well for building , as for magnificent shewes , and secret motion of scenes , and the like . but above all , what is most excellent of practicall , mathematickes , whatsoever belongs to fortifications , besiedging and defending of places , fire-works , ordering of battalioes , and marches of armies , musicke playing of all sorts of instruments , dancing , fencing , riding the great horse , together with the new manner of fighting on horse-back , and if there be any lovers of vertue , who have an inclination to drawing , painting , limbning & carving either for their curiosity , or to attain to a greater excellency in severall of the fore-mentioned sciences ( viz. ) architecture , fortification , &c. they may have them as exactly taught as any of the other sciences , and by a short method , which shall give them a full insight in the theoricall part of the said sciences and exercises , at the self same time that they shall be taught in the forraign languages ? whereunto shall serve severall treatises held forth by the said sir balthazar gerbier in the languages aforesaid ; he being fully perswaded , that all such fathers of families as mind the improvment of their sonnes , will chearfully and readily imbrace what is now proferred unto them , and prefer the placing of their sonnes in the academy , to their travelling abroad , not onely in troubled times , but at any other hereafter , for when all is done , parents doe spend much for keeping of some of their sonnes abroad , when during the said chargable time , they for the most part become acquainted onely with academists , and they returne , leaving to those forraigners the honour of their education , when if they bee taught before their travelling abroad , they will then in a short time make themselves known among the best of men , in the court of princes , and there lodge a glorious impression of the abilities of the nation , every whit as able of body and mind , as any other can be . they will also , travelling in a more mature age , be the more secured against those , who make it their practice to corrupt young men , & to infuse into them destructive principles , to their country , and to their religion , which is so generally manifest , as no doubt both germains , polonians , sweds , danes and flemings will soon resolve to travell towards these parts , and to this academy , which will also redound to a particular glory to the nation , both for the present and for the future , and make good that the present time fovoureth what is so noble , and so generally useful and commendable , all lovers of vertue , are therefore invited to this academy , where they shall be received , well used , carefully and diligently instructed , without exception of age , as it shal be in the pleasure of every scholler in this academy to select the prosecution of any of the languages , sciences and exercises in particular according to his genius or affection , and accordingly lessen or increase his charge . the master or professors shall be ingaged to read weekly the wednesdays in the afternoones publicke lectures on languages , sciences , and exercises gratis , both for strangers of civill conversation , as well as the academists . the master and constitutor being cheifly positive , onely in the regulation , for preventing idlenesse , and consequently vitiousnesse in life , or manners , hopeing that beginning and and ending every day , with prayers and thanksgiving intended , and filling the rest of the time with vertuous exercise and study , god will so blesse their endeavours , as that he may be the more glorified , and this nation better served . orders to bee observed by the schollers in this academy . the schollers are to be ready in summer time , beginning from the twentieth day of the month of march , to the twentieth day of october following , at six of the clock in the morning , and in winter at . they are then to meet at publick prayers at the second ringing of the bell , at eight to take their breakfast . thence to repaire untill eleven of the clock to their study and exercises , every one of them according to that which they doe learn and practise . from eleven to noone , they are to recreate according to their inclination , except with dice or cards . at the ringing of the bell about noon , they are to repaire to the washing place for the washing of their hands , thence to the dining room , ranging themselves , after grace said , as they are entred into the academy . the grace before and after dinner is to be said by the reader , and in case of some accident , by the learnedest scholler . the grace being said , are to eat decently , using civill languages one to another . they shall speak at table such of the languages as they learn , and also have the liberty to speak their mother tongue . having dined , and grace being said , they are to hear a chapter read . being risen , they are to wash their hands again , and then apply themselves for half an houre , to the regent or to his deputy , to bee instructed in points of good manners , or to be reformed of those faults as shall have been observed in them , as also to be put on honourable and profitable meditations . they are to recreate untill half an houre past two , and at the first ringing of the bell , are to repaire to their studies or exercises , and to continue at the same untill five of the clock at night . they shall then recreate themselves untill seven of the clock . at seven goe to supper , and observe the same orders prescribed for dinner time . they are to meet again for evening prayers at nine of the clock in the summer , and go to rest at ten precizely . in winter at nine , having been at prayers immediately after eight of the clock . they shall not swear , which if they do , they shall fast all day , or pay a shilling for the poore . they shall not speak any injurious word one to another under the same penalty , they shall not without consent go forth on any pretence whatsoever , not only during the dayes of their studies , but the wednesdaies and the saturdaies in the afternoon . they shall not admit any visit during the times of their studies , nor no maidens to come to them at any other time , except such as shall visit the academy in company of their mother , and that are known to be their sisters or cousins . they shall not repaire to any kinde of victualling houses or taverns , on pretence of entertainments of such friends as they shall bee visited by , but present them with what is fit within doores , their chambers , orchards , or gardens , and without any offence or impediment to the academy . they shall keep themselves cleanly , and never appear otherwise to any company , they shall civilly salute those by whom they shall be visited and return them humble thanks for their visitation . they shall not question one another concerning birth , nor means , nor profession . they shall by a zealous emulation strive to become pious , and by fearing god , make good their desire to attain unto wisdome . making it their only joy to improve in the profession of true christianity , therby to perfectionate all their indeavours , labours and studies in a religious conclusion by an exact observation of the sabbath , ( and of their improvement in the service of god ) whereof they are to give a publick due account at the close of that day , in the presence of the regent or his deputy . and whereas possibly by reason of the late yeares disturbances in this state , and the great alterations , and variety of the dispositions of men , the academy in the receiving of schollers cannot wel except against any lovers of vertue that are minded to improve themselves , nor suffer any scholler to bring in question or quarrell about any former passages of the times , as to reproach one another , much lesse to meddle with any matter of state . all schollers or others belonging to the said academie , are to observe and keep this said rule exactly , or else to depart , and loose the quarters pay by them advanced according to contract and custome . balthazar gerbier knight . finis . die mercurij o januarij, . ... die lunae o julij, . england and wales. parliament. approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). b wing e estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. b ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) die mercurij o januarij, . ... die lunae o julij, . england and wales. parliament. sheet ([ ] p.) printed by charles bill and the executrix of thomas newcomb, deceas'd ..., london, : . caption title. initial letter. reproduction of original in: universität göttingen bibliothek. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng great britain -- politics and government -- - -- early works to . great britain -- history -- william and mary, - -- early works to . broadsides -- england -- london -- th century - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion die mercurij o januarij , . the house this day reading the names of the persons entred in the book of protections , it is ordered by the lords spiritual and temporal in parliament assembled , that all written protections given by any lord of this house , shall be , and are hereby vacated and made void , and that for the future no lord of this house shall give any written protection to any person whatsoever , and this order to be fixed on the doors of this hou●● and westminster hall. matth. johnson , cler ' parliamentor ' die lunae o julij , . it is this day ordered by the lords spiritual and temporal in parliament assembled , that the order made the last session of parliament , on the twenty seventh of january , one thousand six hundred ninety six , for vacating all written protections , shall be forthwith printed and published , and be put upon the doors of this house , the doors of westminster hall , the royal exchange in london , the sheriffs office , and other publick places ; to the end all persons who think themselves therein concerned may have notice thereof . matth. johnson , cler ' parliamentor ' london , pri●●●●by charles hill , and the executrix of thomas newcomb , deceas'd ; printers to the kings most excellent majesty . . the long parliament tvvice defunct: or, an answer to a seditious pamphlet, intituled, the long parliament revived. wherein the authors undeniable arguments are denied, examined, confuted: and the authority of this present parliament asserted, vindicated. by a zealous yet moderate oppugner of the enemies of his prince and country. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing p thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) the long parliament tvvice defunct: or, an answer to a seditious pamphlet, intituled, the long parliament revived. wherein the authors undeniable arguments are denied, examined, confuted: and the authority of this present parliament asserted, vindicated. by a zealous yet moderate oppugner of the enemies of his prince and country. prynne, william, - , attributed name. [ ], p. printed for henry brome at the gun in ivy-lane, london : . sometimes attributed to william prynne. "the long parliament revived" is by sir william drake. annotation on thomason copy: "decem .". reproduction of the original in the british library. apply to sir william drake: long parliament revived. eng drake, william, -- sir. -- long parliament revived england and wales. -- parliament -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason e _ ). civilwar no the long parliament tvvice defunct: or, an answer to a seditious pamphlet, intituled, the long parliament revived.: wherein the authors und [prynne, william] c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - pip willcox sampled and proofread - pip willcox text and markup reviewed and edited - pfs batch review (qc) and xml conversion the long parliament tvvice defunct : or , an answer to a seditious pamphlet , intituled , the long parliament revived . wherein the authors undeniable arguments are denied , examined , confuted : and the authority of this present parliament asserted , vindicated . by a zealous yet moderate oppugner of the enemies of his prince and country christianae perfectionis est , pacificum esse etiam cum pacis inimicis , spe correctionis , non consensu malignitatis : vt si nec exemplum nec cohortationum discretionem sequantur ; causas tamen non habeant , quibus odisse nos debeant . aug. london , printed for henry brome at the gun in ivy-lane , . to the reader . t was not an ambition to speak in print , nor to lay lime-twigs for any other advantage , which encouraged my pen to this undertaking : these are toyes to delude those who understand little of the world , and less of their own merits . wouldst thou know the occasion ? t was this . about a week since , i had the happiness to visit some of my learned and judicious friends . their discourse was a while various , till it was fixt on the long parliament revived . and therein ( having no learning in the common lawes ) their judgements were fluctuating and uncertain but the novelty of the question and the confidence of the author , had enclined them , though not to an assent , yet to a favourable censure of his opinion . a stranger among them would needs prove it to be true , and produced only that it was the sence of the city for his evidence . at length they demanded my judgement . i discoursed the question at large , answered their objections , refuted their arguments , and in the end left them well satisfied that it was but a parradox . one of them ( whose commands are to mee more obligeing then the acts of a posthumous parliament ) enjoyned me to commit my thoughts to paper , and hath since condemned them to the press . whether he were in this my friend or my enemy , be thou the judge . i have been forced in this argument to make most use of reason , deduced either from its first principles , or the common notions of our law . for the question is a transendent and in vain it were to look presidents either in our law-books or histories . several arguments are used , but those upon the exposition of the act it self . car. i conceive to be of themselves a full answer to the authors principle objection . this question might have been the triumph of a more able pen : but that the eagles do not quarrey upon flies . and if some one of the sages of the law had undertook this task ; the author might have pleaded , qui bonam tuetur causam , dum victus est , non vincitur , that he was conquered by the man , not by the truth . but now against any such suggestion , the undertaking of the question by one of a lesse name , is a sufficient counterplea . i shall willingly abide the sentence of the judicious . but to censure before thou understandest , is to condemn a man unheard . if i have brought any light to the question or benefit to my countrey by this small labour ; my desires herein are in their haven . as for thy favour i shall neither flatter it , nor refuse it . farewell . anno . caroli regis . an act to prevent inconveniences which may happen by the untimely adjourning , proroguing , or dissolving of this present parliament . whereas great sums of money must of necessity be speedily advanced and provided for relief of his majesties army and people in the northern parts of this realm , and for preventing the imminent danger this kingdom is in , and for supply of other his majesties present and urgent occasions , which cannot be so timely effected , as is requisite without credit for raising the said moneys : which credit cannot be obtained until such obstacles be first removed , as are occasioned by fears , jealosies , and apprehensions of divers his majesties ▪ loyal subjects , that this present parliament may be adjourned , prorogued , or dissolved , before iustice shall be duely executed upon delinquents ▪ publick grievances redressed ; a firm peace between the two nations of england and scotland concluded , and before sufficient provision be made for the repayment of the said moneys so to be raised . all which the commons in this present parliament assembled having duely considered , do therefore humbly beseech your most excellent majesty that it may be declared , and enacted . and be it declared and enacted by the king our soveraign lord , with the assent of the lords and commons in this present parliament assembled , and by the authority of the same , that this present parliament now assembled shall not be dissolved unless it be by act of parliament to be passed for that purpose . nor shall be at any time or times , during the continuance thereof , prorogued , or adjourned , unless it be by act of parliament to be likewise passed for that purpose . and that the house of peers shall not at any time , or times , during this present parliament , be adjourned , unless it be by themselves , or by their own order : and in like manner , that the house of commons shall not at any time , or times , during this present parliament , be adjourned , unless it be by themselves , or by their own order . and that all , and every thing , and things , whatsoever done , or to be done , for the adjournment , proroguing , or dissolving of this present parliament , contrary to this act , shall be utterly void , and of none effect . the long-parliament twice defunct , or , an answer to a seditious pamphlet , called the long-parliament revived . the contrivers of evil designes , are not more sollicitous to accomplish their mischievous ends , then they are crafty to palliate and mask the course of their undue proceedings . for deformity and an ill-favoured aspect , is entayl'd upon wicked and unhandsome actions , and the soul of man hath retained so much of its original righteousness and primitive light , that it starts , and feels the effects of antipathy upon the first discovery of a foul and vicious object , when ever it ventures it self abroad undiscovered and appearing in its own ugly proportions . and therefore evil minded men finde it both the safest , and the surest , and the easiest way to hide their pernicious purposes under the fair and plausible pretences of vertue , or religion , or the publick good . that great heretick in religion and policy , machiavil hath taught them the same lesson , who though he rejects conscience in the substance as no good guide , yet he perswades his disciples to embrace the empty shew of it , as the best vizard in the world . but truth is eagle-eyed and can look through all their thin pretences , and measure their perverse intentions by the end to which their actions are naturally tending , and the effects which they are likely to produce . herein can be no hypocrisie , no disguises to elude the inquiries of a wise observation . the means they use do certainly point out the ends they aime at , as he that shoots at a mark will be thought to intend to hit it if he could , whatsoever he tells us to the contrary . the author of the late pamphlet called the long-parliament revived , hath rendred himself an example of the truth of this assertion , who being great with childe of a paradox destructive to the peace of this nation , could not be satisfied till by the midwifry of the press he was delivered of his chymerical birth , though with the hazard of his liberty in the production . for though the whole scope and designe of his book be only to ferment the minds of the vulgar , and as he calls them , injudicious sort of people , and to blow the trumpet of sedition to the disturbance of the publick happy peace : yet he hath the forehead to preface his old rags with plush , and to begin with these crafty insinuations , viz. to the end the peace of this nation may be established upon a firm and lasting foundation and that after one shipwrack hardly escaped , we run not again upon a more fatal and irrecoverable rock of confusion , the author of this small paper out of tender compassion to his native countrey , and with all humble respects of allegiance to his royal majesty that now is , hath thought fit to offer arguments to the world , &c. which if timously harkened unto , may yet prove a healing remedy against the sad breaches of this shattered kingdom and prevent mischeifs . sure this man was an apothecary he is so good at gilding of his bitter pills . let us therefore inquire whether the substance of his discourse do correspond and suite with these fair and plausible pretentions of loyalty , and the publick benefit of these nations . which will the better appear if we consider , first , the rancour of his heart against the present government , expressed in the fourth page of the pamphlet , to this effect , viz. that when the subjects of this nation have seriously considered of his arguments , which ( as he would have it ) do prove the being and legall authority of the long parliament visibly existent by vertue of the act . car. they will doubtless see they have no reason to hold themselves safe in their lives , liberty and estates till it have made provision in that behalf , and be legally dissolved . what is , if this be not to sow sedition , and to lay the foundations of a new warre , and to angle for proselytes of rebellion , which the phantastick baites of the vindication of laws and the subjects security ? we have ( one would think ) bought the experience of trusting the pretence of fears and jealousies at too dear a rate , to be again involved in the sad consequence of a pernicious credulity . the present age is too wise to thrust themselves into a true and real slavery , to avoid a painted one . and therefore the author might have spared that clause which gives the lie to his proemial flourishes , and is not likely to serve to the ends he intended it , the generality of the people ( blessed be god ) being now of true and loyal principles and of a conformable temper to the government established . secondly , the consequence of the opinion he defends , will plainly demonstrate that the author is no such great friend to the publick good of his native countrey , as is pretended . for then he would have it to follow , that the present parliament is of no authority to binde the subjects of this nation , and that their acts have not the force of laws , and if so , then all their acts are voide and of no force that they have made in order to those excellent ends of restoring his sacred majesty to his just birth-right , and the laws and liberties of the people to their free exercise and splendor , which this present parliament have , to their eternal glory and honor , with great prudence and moderation effected ? how will the author and the nation be sure of another act of oblivion , of so full and comprehensive mercy as that which is already passed and published . if that should not be an act of parliament , it is only the kings declaration which is pleadable in no court for any mans discharge . besides his majesties declaration from breda referres to this parliament now sitting , and by his letters to them , hee obliged himself by his royal word to passe those laws which are already enacted , and others now in agitation for the quiet settlement of the nation , and therefore he is not concerned in honor or conscience ( for otherwise he is not obliged ) to give his royal assent to those acts when they shall be presented to him by the long-parliament if they could get a being quasi ex post liminio as the author hath conceited it . and let him be confident the desires of the nation are utterly against it , who will never willingly be brought to seek a plaister from those very men that have broken their heads . thirdly , the authors malevolent nature appears in this , that relying upon one distinction only , that there is a difference betwixt the nature of a parliament in its ordinary constitution , and a parliament strengthened by a special law made to that purpose , and some few shreds out of the third institutes , he dares to cross the general opinion of learned men , and like a pigmy upon the shoulders of a giant , bid defiance to all opposers ; 't is a curst cow that will be fighting though she hath short horns , and he hath a great minde to swimming that will adventure to cross the seas in a cockboat . but not to dwell in the porch ; it will be agreed to the author , that parliaments rightly constituted in the general , are very instrumental for the safety and happiness of this kingdome , and that the members of parliament ought to enjoy their due privileges . but his inference will not hold in applying the general rule to every particular parliament . for though the general constitution be good and convenient to the nature of our government , yet some of the particular instances may be defective and erronious in their judgement and proceedings . and no wonder , seeing the rule in livy is generally true , in consilijs major pars plerumque vincit meliorem . we have had insanum parliamentum of old . and the effects of the late long parliament , caused by the faction and perversness of some predominant parties amongst them , even to the dissolution of our government , is a sufficient proof in the judgement of sober and unbiassed persons , that the general thesis ought to be understood with several limitations . and although the members of parliament ought to enjoy their lawfull privileges , yet it doth not follow that therefore those men should be permitted to sit whose authority is determined by the course of law , as shall be hereafter most manifestly proved . his particular arguments are drawn from the body and preamble of the act of caroli . first from the preamble he endeavours to prove by way of implication , that that parliament intended to secure themselves against all the causes of dissolution , as well by the kings death as otherwise , and thus he argues in effect , that the parliament being necessitated to borrow money for the publique service ( for he waves the other ends mentioned in that preamble of that act , and therefore i shall take no notice of them in the discourse ) and seeing no body would trust them because it was hazardous , they might be dissolved before repayment , therefore was the act made to establish their continuance till the money being satisfied they did dissolve themselve by act of parliament ; but saith the author , if they had been notwithstanding dissolvable by the kings death , the act had been of no effect , because their dissolution was still hazardous ; the kings life ( saith he ) being more uncertain then other mens , and so ex absurdo he reasons , that the parliament shall not be intended to omit this cause of their dissolution out of the said act . to this i answer , that the principle end of this act being only to secure the payment of the publique debts , which they were then contracting . if the security of those debts did not so depend upon the parliament , that they would be necessarily lost , if they were unpaid at the time of their dissolution ; then that parliament was not absolutely necessitated to secure their sitting till those debts were paid , it being sufficient to establish themselves against being dissolved by the kings will , which had most often recurrence , and whereof they stood in most danger . but those debts which they then contracted , were either secured by act of parliament , actually made and passed at the time of the money borrowed , or they were not . if they were secured by act of parliament , that act was as good a security after the parliament dissolved , as it was while the parliament continued . but if they were not so secured , the debts were as likely to be paid , and the creditors had the same security ( viz. the honour and justice of the kingdom , which is all the security or compulsive power creditors have against parliaments ) for the repayment thereof by a subsequent parliament , as by the parliament then sitting which borrowed the money , which is apparent ; first , because the parliament then sitting , by the authors own confession , took no care for repayment of the said money , and another parliament could not possibly be more remisse ; secondly , because those debts were the publique debts of the kingdom , contracted by their representatives in parliament , in their publick , and not in their individual quality , and therefore every following parliament , comming under the same representation , ●●ere bound to take the same care for the payment ●hereof , being a part of their publique service or employment . and it is no strange thing for a latter parliament to pay sums which were drawn on the kingdom by a precedent parliament , witnesse the paying off the souldiers by the honourable assembly now sitting , which souldiers were the most part of them first set on work by the long parliament , since which time , till now , we could never have the happinesse to shake hands with them , so that it appears that there was no such great necessity , as the author insinuates , to bulwark themselves against a dissolution by the kings death , which was a remote possibility . but that in case that accident had happened ( which was unlikely ) the debts notwithstanding would not have been lost , but had been in as much likelihood to have been paid by the next parliament , as if the parliament in caroli had not been dissolved by the kings death . secondly , at the time of this act made , there was no danger of the kings death , nor any suspition that it would happen within so short a time as was sufficient for them to have raised the said monies , and therefore they shall not be reasonably intended to have made provision against the kings death . for his late majesty of ever blessed memory was sprung of longaevous parents , and was in the meridian of his age , of a strong and healthfull constitution , and of great temperance in his diet and recreations , which are all symptomes or causes of a long life ; and therefore 't is unlikely they should mistrust he would die within one or two years , which was time more then sufficient for the raising and payment of the sums borrowed . thirdly , if the case had been so that his majesty had been of a languid and valetudinarious habit of body , yet the act had not been fruitless . for a parliament may be dissolved either by the kings pleasure , or by discontinuance , or by the kings death . but seeing by this act they were defended against being dissolved by the kings pleasure ( as is agreed by all parties ) whereof there was most danger : i conceive the author will not deny , but that their session was more established by this act then it was when it lay open to all the three accidents or causes of dissolution . an estate determinable upon the surrender or forfeiture of the particular tenant is a lesse defeasible estate then another estate determinable by his death , surrender or forfeiture . and now reader , you may breath a little , and consider the emptiness of the authors argument conceived upon the preamble of this act , which appears to be like the crackling of solomons thorns under a pot , makes a great blaze and a great noise , but contributes little of solid heat to the vessel that hangs over it . yet to be further quit with him before i dismisse the preamble , i shall thereupon frame this argument which i think flowes more naturally from it then his deduction , that it appears from the preamble the parliament only intended to suspend the kings prerogative and the ordinary course of dissolving them till they had cleared their credits and repayed the money borrowed , for this they make the principal end and drift of that act , and when the end of an act of parliament is satisfied , the act looses its force , aquisito fine cessat operatio , which is proved by those temporary statutes for assesments &c. when the money is paid , the statute is become of no further use or effect . and therefore if all the ends for which the act . caroli was made be satisfied accordingly by the payment of the money therein mentioned , to be borrowed upon the security of that parliament , then is the suspension taken off , and the kings prerogative , and the ordinary course of dissolution of parliaments is revived again as it was before that act made , and by consequence they are dissolved by the martyrdom of his late majesty . now the learned and worthy patriot mr ▪ prynne asserts that the ends of this act are all satisfied , and the author doth not endeavour to prove the contrary . but if the moneys by them borrowed be not paid . yet i suppose the authority given them by that act , ceased before the kings death for not performing the ends of that act within the time which was limitted them by the construction of law and reason . and for proof hereof , and our more orderly proceeding we will inquire what time was allowed them by a rational interpretation of that act to performe the ends in that act designed . there is no man , i think , so irrational as to imagin , that by this act they are a perpetual parliament ; first , because it is contrary to the end designed in the preamble . secondly , because it is against the fundamental constitution of the politick government of this kingdom , & against all the presidents and books of law , which alwayes mention successive parliaments ; thirdly , 't is against the liberty of the subject , which a parliament cannot alter in so principal a part , especially seeing the lawmakers may be intended reasonably to do it for their own benefit , who in their own cases , by the law of reason , can be no co●petent judges . and that for many inconveniences , in successive parliaments the country have every time power to chuse a new , and 't is not often ( though sometimes ) seen , that one man is chosen in many successive parliaments : which variation is necessary for several reasons ; sometimes because they would ehuse persons aptly qualified in parts or affections , or both , to the matters of state then in agitation ; sometimes they elect persons having interests by their own greatnesse or alliance to procure some particular businesse of consequence effected for the county or corporation for which they serve , so that to endeavour a perpetual parliament , would prejudice the people 's repeated election , which is not to be allowed . besides , this inconvenience would follow a perpetual parliament , that the persons chosen may be altered in body , mind or morals , and so unfit for that service , yet their authority would be continued ; for a knight , citizen or burgesse can make no proxie , and sicknesse , &c. is no cause of removal . and further , if those persons should grow old in that power , they would engrosse the offices of the kingdom into their own hands , and by great means , and friends , and privilges overtop their countrymen and make them meer under-woods . and if it be proved that this act doth not establish this long parliament in an absolute perpetuity , then it is to be considered what is the time of their duration , within the meaning of this act ; for if it be construed that they have a continuance till they dissolve themselves , without restraining their continuance to the time of the performance of those ends for which the said act was made : this is potentially a perpetuity , and cannot be abridged but by 〈◊〉 own wills , which would never militate ( as he phrases it ) against their own advantages . so that then this exposition labours under the same absurdities and inconveniences with the former , and therefore not to be supposed . therefore i conceive the most natural and genuine interpretation of this act is , to make the drift and purpose of this act , the limits of its continuance , and this drift is the payment of the said debts ; and seeing by the rules of the common law , which may be confirmed by reason , when an indefinite time is given for the performance of a voluntary act possible to a third person , the act ought to be done within convenient time ; hence i infer , that if the publique debts which were the end of the making of this act , be not satisfied by the long parliament ; yet because they have had time and power more than sufficient between the making of that act , and the kings death , to have raised and paid them off , and did actually levy monies , amounting to a far greater sum , which were otherwise imployed . the gentlemen of that parliament ought not to take advantage of their own neglect ; but having surpassed the time which by law and reason was sufficient to accomplish those ends , they lost the advantage they gained by that statute , the kings prerogative , and the ordinary course of dissolution relapsed into its old chanel , and consequently the said parliament was by the kings death actually dissolved . and so much is argued by way of admission , that the act of car. did provide against all the causes of dissolution , but not granting it ; for i doubt not , but i shall prove the contrary afterwards in this discourse . but now we must hasten to the body of the act . his second argument is drawn from the body of the act , the words whereof are these , viz. that this parliament be not dissolved unless by act of parliament to be passed for that purpose . whence he concludes , that this negative clause is exclusive of all the causes of dissolution ; which i deny : but before i give my reasons i shall observe . that seeing this act is derogatory in a matter of the highest nature to the law and custome of parliament , but especially to the kings prerogative , which the law supports and cherishes as a ballance to the two other estates , to preserve the perfect crasis and equal temper of the politick government . the general words therof shall be expounded strictly in reference to the thing altered , and beneficially as to the reviviscency of the law and custome of parliament , and of the kings prerogative , which in obedience to some necessity was for a time laid afleep and suspended ; for 't is a rule , that bonum necessarium extra terminos necessitatis non est bonum . this being premised i doubt not but i shall give a full answer to the authors second argument . and therefore i make a question , whether an act of parliament by express and apposite words , which is stronger than our case can continue their own being after the death of the king in whose life it was summoned . first , because that after the death of the king , if they be a parliament , they are either such by the common law and custom of parliament ( which is a principal and fundamental part of the common law of the land ) or by the special statute , so by both they cannot be a parliament . but they are not be a parliament by either of those two wayes , for the reasons hereafter alledged , not by the common law and custom of parliaments ; because ( as the learned mr. prynne hath proved in his said booke , and the author agreeth it , and 't is not doubted by any man that hath any understanding in the law ) that parliament , as it was a parliament by the common law , naturally determined by the demise or death of the king : nor are they a parliament by the especial statute , because then it would be another thing distinct from that parliament which was summoned in the kings life , to which the power of representation , which was conferred upon the members thereof , by the people in their election cannot extend ; for the country being enabled to choose them by the kings writ , the persons elected received no power from them , but according to the tenour of the kings writ , which determining with the kings life , the power of representing the people , wbich they received at their election was then likewise determined , and by consequence they were no longer the peoples representatives ; and therefore no parliament . or to expresse it in plainer terms , if they be a parliament after the kings death by the force of their own act , as i have proved , they must be , if they be a parliament ; then it would follow , that a parliament by their own act may only create another parliament , to exist after they themselves so constituted are dissolved ; and the consequence of this would be , that the people should be bound by the laws of that other parliament to which the people never consented being made by persons that were not chosen by them to be their immediate representatives , which is absurd ▪ there is nothing materially to be objected to this in my opinion , but that the people are parties by representation to the act that constituted the second parlrament , and so the second parliament might sit by their mediate , though not by their immediate choyce and election . to which i answer , that the power that the people gave to their representatives at their election was limited and confined to their persons in that quality , and is not transferrible either to other persons , or to themselves in another quality ; because all authorities are confidences in the persons authorized to some certain end ; and therefore are personally and strictly taken , and cannot be communicated to others , or themselves in another manner than they were at first given . as for ample , if i submit my self to the arbitration of a stranger to stand and fall by his judgement and decree ; though i am bound to stand to his sentence , yet if he transfer over the power i gave him to another , i am not obliged by the award of the d person . so if there be arbitrators which are limited to make their arbitration during the life of a third man , if they award within that time , that what award they themselves shall make after the death of the third person , shall be good and binding to the parties concerned ; such award would be voyd , because they are not arbitrators after the death of the third person , by the choyce and submission of the parties concerned ; but by their own award ; which was beyond the intention of the parties that gave them power , and if they could hand over their authority beyond the date of the first limitation of its continuance , they might do the same thing infinitely , which is absurd and inconvenient , and against the nature of an authoritie . secondly , i conceive it will be a hard a matter for the author to prove , that a parliament hath a legal power ordinarily as a parliament , to alter the fundamental laws , which are so concorporate with the essence of government , that one cannot subsist and be the same without the other , unlesse it be in a case of great & invincible necessity , which dispences with the punctilio's of all laws , or by the peoples consent specially signified , and the implyed consent by their ordinary election shall not be suffiicient . and 't is not a general sentence cited by the author out of the d ▪ institutes will evince the contrary . which position i prove , first , because the author might have found in his beloved third institutes , that it is the course for the members of parliament to desire leave to consult with their counties before they consent to any new law of extraordinary and important alteration . secondly , it being the root and foundation of all the liberties of the subject , not to be bound by any new law to which they are not parties by their imdiate representatives , and to make successive elections : it will not be reasonably intended , that the people did intrust them with their authority to those ends , viz. to change the government , or to deprive them of their fundamental privileges , as i have before shewed is done by this act , according to the authors interpretation . thirdly , the lawes of england are of two sorts , either they concern the being , or the well-being of the policy of this nation ; those of the last kinde are the proper work and object of parliamentarie power , these may be enacted , repealed , revived , corrected , expounded , and as to them a parliament hath unlimited jurisdiction , as by the particular examples cited by my lord cooke appears ; but those lawes that concern the being of the kingdom , as 't is a government , are inalterable , except in the special cases of necessity or the peoples special consent ; because first , those first and fundamental lawes are the foundation and the measure of the usefulnesse or disadvantage of all the other lawes , which are collateral to the essence of government ; all lawes being fitted to the nature of government , as a garment is shaped to the body , and therefore those laws ought to be as standards to support and regulate all the rest . secondly , because an error in such alteration would be fatal , and next door to an impossibility to be redressed ; if the walls or the roof of a building be altered , there is no great danger , but to move a stone in the foundatiō , threatens the whole structure with a certain downfall . i may say of it as my lord burleigh to his son in another case , to attempt a change in the essentials of government , is like a stratagem in war , wherein to faile once is to be undone for ever . and that the limits of the natural duration of a parliament , is part of the fundamental laws of this nation is so clear , and common a truth , that it needs no further proof . fourthly , every statute hath the formality of a law , by the law and custom of parliament , because a constitution agreed on by persons chosen by the people with the royal assent , without the material circumstances required by the law and custom of parliament , is ordinarily no binding law , which proves that the law and custom of parliament , gives the essence & formality of every possitive law , as t is a law ; and therefore it cannot be altered in the substantial part of it , except in the cases before excepted ; for all the power and force which a statute hath to command obedience as it is a law , being derived from the law and custom of parliament , if this law might be altered by a statute , it would then follow , that the force and effect of one and the same law , could be bent against it self , and have an efficiency to its own destruction ; which is repugnant and unnatural , and not to be imagined . and for a further proof of the premisses , i do affirm , that there be several things which a parliament cannot do by their act de jure , though de facto , sometime it be done , as to make a law that a man shall be judge in his own cause , or any other thing which is against natural equity , the act is void , quia jura naturae sunt immutabilia . so if an act be made to condemn and attaint a man of treason , without hearing him in the way of a legal tryal , although my lord cook saith , that the attainder standeth of force , because there is no higher court to controul it , yet he addeth this clause to shew it is not good de jure , viz. auferat oblivio si potest si non , utcunque silentium tegat , for ( saith he ) the more high and honourable the jurisdiction of the court is , the more just and honourable ought they to be in their proceedings , and to give example to inferiour courts . i shall not mention the books cited by mr. prynne , which pertain hither , but refer the reader to his book . but to come nearer , t is the judgement of a whole parliament , in these words , viz. it is declared by the lords and commons in full parliament , upon demand made of them on the behalf of the king , that they could not assent to any thing in parliament that tended to the disherison of the king and his crown , to which they were sworn . and my lord cook saith , that although it might be done ( i. e. de facto ) yet it is against the law and custom of parliament . now the said act of caroli according to the authors interpretation , is expresly against the prerogative of the kings successor , to call his own parliament , and hath many other inconveniences , which need not to be here again repeated , and therefore in the words of the parliament in edward the d. his time ; they could not make an act to bear such an interpretation , to the disherison of the king and his crown , &c. yet i will not deny but that the kings majesty might binde up his own hads , and suspend his ordinary power from an actual dissolution of the parliament ; morally ▪ by his promise , or legally , by an act made for that purpose . for a parliament may bee dissolved either by an external principle which is accidental , viz. the declaration of the kings pleasure ; or by an internal principle which is natural , viz. the want of entring their continuances , or the kings death , whereby the kings writ , which is the authority they have to convene together , is determined . now the king ( as over his subjects ) so he hath a soveraignty over his own will , and being obliged by his royal assent to that act , he might and ought to stave off the accidental cause of their dissolution . but for the aforesaid reasons , i doubt whether the kings majesty , or his two houses , or altogether , could legally change the substance of the parliament , and defend it against the natural causes of its dissolution . this being understood under the limitations expressed in my first thesis or position . but that which i will rely upon is this , that admitting it be in the power of a parliament with the royal assent by their act to make themselves a legal parliament after the kings death by apt words ; yet in the act of . caroli there are no such words , as according to the rules of law will bear any such construction . for the words , that this parliament shall not be dissolved unless it be by act of parliament , are a general negative , which by a proper interpretation cannot extend to all the causes of dissolution , but only to that which most often happened , and which was the pretended grievance at that time , viz. the dissolution by the kings will and pleasure : for it belongs to the judges to expound the general statute laws according to reason and the best convenience , and to mould them to the truest and best use . and in all times the judges have excepted particular cases out of the general negative or affirmitive words : of statutes , though such particular cases have come within the comprehension of the general words . where the letter of those statutes in the largest extent of it doth intrench upon the kings prerogative or the nature of the thing , or enforces to an inconvenience or an impossibility . by the satute of magna carta c. . 't is enacted , that common pleas shall not follow ( or be sued in ) the kings court ( or bench ) which is a general negative clause , yet notwithstanding because 't is a maxime in law that the king is present in every court ( and cannot for that reason be non-suited ) it is clear law and so holden , that the king is not within these general words , but may sue in his bench or in any other court at his pleasure . in the marquess of winchesters case , though there was an act of parliament . h. . that the lord norris should forfeit all his rights , &c. yet adjudged that a right of action being an inseparable incident to the person attainted could not by general words be made separable contrary to its nature ; and therefore were not given to the king by the generality of that law . so in englefields case , though the statute h. . gives all conditions of persons attainted to the king , which being a general word comprehends all sorts of conditions , yet a condition of revocation of uses by any writing under the hand of the duke of bedford that was attainted being appropriated to his own personal act was not forfeited within that general statute . the statute of winchester is a general statute , that the hundred , &c. shall make satisfaction for all robberies and felonies done within the hundred ; yet resolved , that the hundreds shall make no satisfaction for the robberies of a house , because the house was the owners castle , and he might have defended himself , and so t was inconvenient that the hundred should be put to take care of him that had ability to preserve himself and his goods : nor for a robbery done in the night , because it was the travellers folly to travel by night , and it was impossible that the hundred ( who by intendment were in their beds ) should take notice of such a robbery . the statutes of marlebridge , cap. . westm. d . cap. . and e. . cap. . are in the general negative ; yet the judges have so expounded those statutes , that they extend not to many particular special cases which are within the general comprehension of those words . it were infinite to enumerate all of them ; therfore to apply this . seeing it is agreed by the author , and otherwise proved , that it is the nature of a parliament ordinarily to be determined by the kings death ; and the contrary is ( as i have proved ) against the liberty of the subjects election , and in prejudice of the kings successors prerogative of calling his own parliament , and this general clause may be very fully satisfied by suspension of the kings prerogative to dissolve them at his will and pleasure ; 't is against all reason and president , that it should be extended any further to change the essential nature of a parliament , abridge the subjects liberty , and shackle the prerogative royal , withou● any special and expresse words to manifest certainly that the intention of the lawmakers was such , without any manner of question . for if they had intended to preserve themselves against discontinuance , and the kings death , they would have added such special words as these , viz. that this parliament shall not be dissolved by the kings majesty , nor by neglect of the due entring of adjournments , nor by his majesties death , but onely by act of parliament : which would have made their intention manifest ; and in such case they would never have been contented with general words , which are uncertain and ambiguous . and lastly , if i should admit , which can never be evinced , that the said negative clause should fortifie the parliament against all the causes of dissolution , as it stands singly by it self ; yet upon consideration of the other part of the same statute , it will appear that there are other words which do restrain the generallity of the former negative clause or sentence , and shew , that the intent of that parliament was never to continue themselves a parliament after the kings death . and to prove this : it is a good rule in law , that it is most natural and genuine to expound one part of the meaning of a statute by an other . the first general clause of the statute car. respects the effect , viz. that they shall not be dissolved , &c. and this i call conservatory . and after comes another clause , which respects the cause of their dissolution , viz. and that all and every thing and things , done or to be done for the adjournment , proroguing , or dissolving of this present parliament , contrary to this present act , shall be utterly void and of none effect . which clause is prohibitory of the cause of their dissolution . and in this last clause it appears , that the cause of dissolution which they intended to prevent , was something that should consist in action , by the words ( thing or things done or to be done ) which words could be applicable only to an actual dissolution by the kings pleasure . for the non-entry of continuance upon adjournments , is not a thing , but a defect , nor done , but omitted ; and the kings death is not a thing , but a cessation of his personal being , and of the dependents thereupon . nor is an action , but a termination or period . so that the last clause which respects the cause of their dissolution , extending only to a dissolution by the kings pleasure , the author cannot with any reason or modesty strain or extend the negative words of the former general sentence , which respects the effect , to any of the other wayes of dissolution , unlesse hee would have the effect , as 't is an effect , to be broader and more capacious than the cause , which is not to be endured . so that it is evident , that this later sentence restrains the general words of the former , to the particular kind of dissolution by the kings pleasure ; and upon the whole , that the long parliament had no establishment of their continuance against a dissolution by discontinuance or the kings death , which having both happened during their session , they are twice dead instead of being once revived . and now let the impartial and understanding reader judge what reason the author had to trouble the world with this paradox , which is built by him upon so sandy foundation , that it is no glory to demolish and kick it down . it is the humor of some men to make election , rather to doe mischief , than to doe nothing . though i cannot but speak him ingenuous ; yet i could wish he had exercis'd his curiosity in a matter of lesse dangerous consequence to himself and the peace of these nations . there remain some little things to be discussed and answered in the authors discourse of the existency of the long-parliament , which i shall touch only , and dismisse the question . to mr. prynnes first argument he answers , that the kings death legally dissolves a parliament ; but not such a parliament as is established by an act of the three estates , and requires a president to the contrary . this distinction is fully answered before in this discourse by my arguments upon the body of the act : so that mr. prynnes objection stands in its full force and efficacy . and for his president , this is iniquum petere , to demand an example of that which is without a parallel in any of the former ages . it sufficeth , that we have evinced by reason and a legal interpretation of the act of car. that the long parliament hath no legal existence . to mr. prynnes second objection he furnishes out the same distinction ; for hee hath no weapons to fight with but a fork , and if that break he must despair of victory . but he fortifies his distinction with an interrogatory , upon which he frames a dilemma , which is answered before , viz. that a parliament cannot de jure extend its continuance beyond the kings life in whole time they were summoned , but by the peoples special consent , or an invincible necessity : and this is not to be such a pedling necessity as the pretence of borrowing of money in our particular case . he sayes , that parliament security was ever looked upon as inviolable , viz. ( as i think he means ) just and punctual , and it hath been alwayes so esteemed before and since that act , and moneyes have been alwayes borrowed in great sums upon their security , without scrupling their dissolution . ask any citizen of london , he will give you a president of it which is not beyond the memory of man . yet i confesse , that if the moneys borrowed by the long parliament in car. were not paid by that parliament ( although they sate till the kings death , which was many years afterwards ) 't is most certainly true , that the general rule did fail in that particular instance . and till now very few of this kingdom did ever know or suppose that that parliament had left the nation in debt : so that the author hath no reason to expect the thanks of the house at their resitting , for making this discovery so publique . to mr. pryns third objection he opposes the same magnanimous distinction , which surely is not of french extraction , for it shrinks not at the d. charge . but 't is now almost out of breath , and therefore to second it , he sayes , that the king virtually waved the authority of his writ of summons , and fearing that for all this it may be repulsed , he sounds a barley by another interrogation , which is in effect but his old distinction wheeled off and re-enforced , & this as i have said , is all answered before in this discourse , and i would not tire my reader with repetitions . to mr. pryns fourth objection he sayes nothing material , only that passage must not escape unanswered , viz. that the king is a part of the parliament in his politick , rather then in his natural capacity ; and therefore when the king dies , the parliament dissolved not , because the politick capacity remains after his death . to which i answer , that the intent and use of a parliament , is to advise that particular king that summons it , and all their counsels must be directed to him as he is a man capable of advice and assent : and when he writes le roy le veult , it is his personal act , though as this act gives the instrument which he signes the validity and efficacy of a law , it is done by his royal authority . and further , every parliament ought to begin and end by his personal presence , or by him in representation ; which shewes , that every parliament depends upon the person of the king ; and this is further evident , by the ordinary dissolution of the parliament at his death . and to the authors application , that a parliament may be such though the kings person be utterly withdrawn , because his politick capacity lives and is present with them . this is an out-worn and thredbare distinction , which the common story of the knights being perjured in his politick , and going to hell in his natural capacity sufficiently confutes . for the politick capacity is a second notion , and cannot subsist but in the natural ; to which it is so strictly united , that it is inseperable otherwise than by our understanding , which cannot alter the nature of any thing . the murthering of his late majesty , as it was treason , was an offence against his politick capacity as he was a king , though that horrid and shamelesse butchery was committed against his natural person as he was a man . but that saying that the king is a part of the parliament must be cautiously understood , because a mistake in it , hath been a great cause or pretence of all our late civil wars . for , hence some would infer a coordination of power in the parliament , which cannot , i conceive , be made good by reason or the laws of this nation ; for the king hath undoubted power to call and dissolve parliaments , which are properties inconsistent with a coordinate power . the stile of all acts anciently was by way of petition , ( that it may be enacted ) which doth not smell of co-ordinate authority , and the act of car. was in like form . the members cannot consent upon condition , which shewes , that the binding power of an act , as it is a law , doth not passe from them , ( for cujus est dare , ejus est modificare ) but only a bare assent , which is necessary to perfect the act of another , as in atturnments . the members during the continuance of parliament may be committed , and be punished for treason , which could not be , if they were in a coordination with the king ; and the writs of summons , under favour , ( notwithstanding my lord cooks marginal notes ) do confirm this assertion . i shall conclude with the testimony of the learned grotius , jure belli , in these words , multum falluntur , qui existimant , cum reges act a sua nolunt esse rata , nisi a senatu , aut alio coetu aliquo probentur , partitionem fieri potestatis : nam quae acta , eum in modum rescinduntur , intelligi debent , rescindi regis ipsius imperio , qui eo modo sibi cavere voluit , ne quid fallaciter impetratum , pro vera ipsius voluntate haberetur . and yet t is most true , that in our legal monarchy the king cannot make or alter any law without the assent of his peers and commons in parliament : so that upon the whole it appears , that the king is so a part , as he is the head of the parliament and nation ; and though it be true , that totum est dignius sua parte , yet the head must be a part of this totum , or else that maxime is untrue and fallacious . to mr. pryns fifth objection , he chops in again the distinction of the kings politick and natural capacity , which my former confutation hath rendred toothlesse . but he sayes the dissolution of the parliament by the kings death , might prove dangerous and pernicious to the kingdom , i answer , he that intends to be believed , must not affirm things in general terms , which do nihil ponere , and to which no certain answer can be given . again , 't is presumption in the author to think himself wiser then all the ages that liv'd before him , who finding no inconvenience , have derived the custom down to our times , and 't is a known good rule , oportet neminem esse sapientiorem legibus . to his answer to the sixth objection , affirming , that the parliament was not dissolved by the act passed lately , upon the admission of the secluded members , for their dissolution , because it was but an act of the house of commons only , which is no act of parliament . i answer that it is most true , that it was no act of parliament according to law ; but by the authors favour , those very men ( that were the greatest part of the commons of the long parliament then living ) ought not themselves , nor their advocate , to say that they were no parliament , for they imposed an assessement upon the nation , and stiled their instruments , acts of a parliament , so that those men shall never in reason averre any thing in disability of their own acts , though they were otherwise not agreeing with the rules of parliamentary proceedings . besides that act at least amounts to a declaration of their judgement , that they were dissolved , and it was true , for they were long before dissolved by the kings death . to his answer to the seventh objection , that this act car. is not void , although the bishops ( who were outed before this act passed ) did not assent to it . i shall say obiter , that 't is the hope of the greatest part of the learned , loyal and moderate party of this nation , that this present parliament , ( if the necessity of other more important affairs would permit ) or some other parliament , will out of their zeal to common justice , and the honour and safety of the kingdom , take the case of the reverend bishops into consideration , and restore unto them their ancient honours and privileges of sitting in the house of peers : their undoubted and very ancient right , and the necessity of their re-establishment , in order to the preservation of the ancient policy of this nation , for the better support of the royal authority , for the ballancing of the other two estates , for the benefit of the clergy of this nation , who have no representatives in parliament , for the preservation of the rights and privileges of the church , and for the better establishment of the integrity of orthodox religion ; being strong and important advocates for their so just restitution . after which short digression , i answer , that if an act of parliament , that divests so many members of the same parliament of their rightfull and ancient privileges , and lawfull inheritance , without any crime committed or alleged , or without being called to answer in any judicial way of proceeding , be good and valid , then the authors position is true , and not to be denyed ; but if such an act be against natural justice and equity , and against the law and custom of parliament , ( for i shall desire the liberty to be sceptical in this particular ) then on the otherside it will appear , that the bishops were excluded against their wills , and they being so great a part of the house of peers , that their voices if they had been present , might by joyning with other lords of the same opinion , have carried the act of caroli in the negative ; it follows that the seclusion of the bishops rendred that act , and all other acts made after their seclusion , void and of none effect . and this case of the bishops hath no similitude with the point in mr. bagshaws reading ( lately printed ) because there the bishops are supposed voluntarily to absent themselves , or being present to dissent , and so an act passed by the greater number of voices . nor doth the case cited by the author , come up to the case in question . for there the baronies being appropriate to the abbots , as they were abbots , when by act of parliament their abbies were given to the crown , and the covent or society of regulars dissolved ; the correlative , viz. the covent being destroyed , they ceased to be abbots , and consequently their baronies which they enjoyed as abbots ( the foundation failing ) were naturally annihilated . but the bishops though they were barons of the realm , ratione fundi & officii episcopalis : yet the act which ousted them of their peerage , left them bishops as they were before the act , and it was the bishoprick that was the foundation of their temporal dignity . and there is a great difference between the taking away of an estate , which by consequence destroys a dignity that depends upon it , and an act which directly and intentionally strikes at the substance of the dignity it self , which appears by the particular instance , that the abbots were not quarreld at for their baronies , but for the dissolutenesse and enormity of their abbeys . and to his project , that if the king would please to permit the long parliament to sit ; to prevent their perpetuating themselves , ( which ( saith he ) may inslave the king and kingdom to such a yoak of bondage , as we may never be able to break off our own necks , or the necks of our posterity any more ) his majesty may summon them before their sitting , and take their personal promise and engagement to confirm the acts of this parliament , and the first thing they do within a certain time to dissolve themselves . i would willingly know what colourable ground or pretence there can be for such a proposal ? for first , they are dissolved and of no authority , as i have before manifestly proved . secondly , the security of their performance is only a promise or engagement , which are easily broken , and if it were an oath , and they should by mischance do contrary to it , 't is very probable that the author would pretend he could salve up their credits and their consciences too ; again , with his usual distinction of their natural and politick capacity . thirdly , if they should break their promise or engagement , by the authors own confession ( for he sayes , the objection is very rational ) both the king and people are enthrall'd to a perpetual bondage , and where there is so little assurance on the one side , and so much danger on the other , the prince cannot in common prudence put his own and his kingdomes safety and honour upon so great a hazard , as to depend upon the honesty of a certain number of men ; who possibly may fail his expectation , especially ( as in this case ) for their own advantages . to the postscript . he begins his postscript with a falshood ; and t is not likely that he will penetrate farre into the house that stumbles in the porch : for there are not any great nor general dissatisfactions concerning the legality of this present parliament , whose authority he endeavours to shake , because first , the lords had no writs of summons . secondly , the commons were not chosen by the kings writ . thirdly , that this parliament began not with the royal presence . to the first i answer , that the use of a summons is but to give notice to the peers of the certainty of the time and place of their convention , and to authorise their meeting , which is the substantial part of the summons . now the king at his coming into the kingdom found them all met together , and therefore the ends of a summons being ▪ already satisfied by their being met at one time and place , and this meeting being authorized by the kings personal presence , there was no need of an actual summons ; and the writ is but a legal circumstance : so that a failer herein , is but a defect in formality , and not in substance . to his second i answer likewise , they are the authors own words , page . of his book , that the calling of parliaments in this or that kings name , to consult or advise with this or that king , these are but circumstantial things , and nothing of the essentials of government and the kingdoms welfare ; which is true , if it be rightly applyed . and the substance or end of the kings writ is to authorise the country to elect , and to notifie the time and place of their meeting , which was signified by that writ whereby this parliament was called . and as to the deficiency of that writ that it ran in the name of a commonwealth , that fault is but in the point of formality . and every one knew that at that time , though the writs spoke a commonwealth , yet they meant the kings majesty . and the author cannot deny , but that all the circumstances of a free and legal election were pursued in the choyce of those honourable and worthy persons that are now sitting in this present parliament , which shews , that herein likewise there is no deficiency in substance , but only in circmstance . now the substantial part being well observed , the necessity of the then present state of affairs in england , was and is a good justification and excuse of the defects alleged only in circumstance and ceremony : necessitas legum irridet vincula ; for even the divine lawes do admit a dispensation in the particular instances of an invincible necessity , as the laws of the shew-bread , and that of the sabbaoth . and therefore much more ought it to prevail against the smaller ceremonies in question , enjoyned by the law of this nation , which is a human law . and this may be proved , first because that in the case in question it will not be reasonably supposed , that they who first laid the foundations of the policy of this nation did intend that those punctilio's in the writ of summons should be so strictly observed , that in a case of so great necessity as ours was , the non-observance of them should vitiate their acts , who are not deficient in any of the material and substantial requisites to a legal parliament . and this is the argument of grotius in his jure belli in a like case . secondly , seeing the circumstantial instances , which the author excepts against in this parliament do only regard convenience , ( for the kings pleasure is the substance of the power that is given to the lords to meet , and to the counties and boroughs to elect members to serve in parliament , and the end of the writ of summons is only for the more convenient and certain manifestation of the kings pleasure , in order to a consultation for the publique good : ) it follows that when by reason of some extraordinary evil or danger , which oppresses or threatens the kingdom , it appears to be utterly inconvenient to the weal-publique , and impossible , to use those circumstances ( as it was at the calling of this parliament ; ) that in such a special case those circumstances ought to be omitted , because herein they are useless , nay opposite to the ends to which they were ordained in their first institution . thirdly , 't is common ( as in all other laws ) so by the laws of england , to allow a special priviledge to all those cases which are ushered in by a necessity not to be resisted , as you may read at large in plowden , fogassas case , fo. . & , , . not to trouble my reader with particular cases , in a matter that will brook no denyal . now who knows not , that at the time of the calling of this parliament , there was an armed power in this kingdom inimical to the restauration of his sacred majesty , and the ancient and legal government of this nation ; and that to have summoned the peers at all , or the commons , in the kings name , might then have been the occasion of a civil warr , and have hindred all those excellent defigns which by a more calm and prudent managery have been since effected and brought to passe : and therefore it is plain , that there was a necessity of calling the parliament ; because nothing but a parliament could repair the breaches of the nation , and the parliament could be called in no other manner , then it was without the hazard of a new war , and ( victory being uncertain ) of the dissolution of government . but it may be objected , that the necessity ended with the kings coming into england , and therefore another parliament ought afterwards to have been legally called . to which i answer , that the necessity which occasioned the calling of this parliament , was not only to invite home his majesty , but to confirm and secure him in the throne , and to do such other things for the safety and peace of the nation as could be only done by them with security to the king and kingdom ; and therefore the necessity of their sitting continued : first , till they had pass'd the act of oblivion ; because it being offered of the kings free grace , who was not otherwise bound but by his royal word in his declaration from breda , which referred to such exceptions as this present parliament should make : it had been unsafe for the nation , and would have be got fears in a great number of guilty minds , which might quickly have broken out into open commotions , if this parliament had been dissolved before that act had been pass'd for their pardon and indemnity . secondly , the king and kingdom were not safe , whilst an army was on foot , that was but a reconcil'd enemy ; and had not the authority of this parliament over-awed them till , and in , their disbanding , no man is certain ( and it had been great folly to have put a matter of that import into hazard ) whether they might not have broken their faithes and allegiance , being spurred on by despair , to have attempted some great rebellion , which might have brought us into a relapse of all our miseries , before an other parliament could have been summoned and convened . they who know the history of that army , will not think such an accident impossible : and therefore this parliament was necessitated to sit till they had disbanded the army , and effected all the other businesses that were depending thereupon , or in order to that end , which are now well nigh , but yet not fully perfected . thirdly , i conceive that the kings majesty is the only and proper judge when this necessity will be at an end , wherein ( as in all other things ) there is no doubt but he will govern his counsels with such care and prudence , as will describe him not to be more desirous of the love and affection of his particular subjects , then he shall be tenderly cautious , for the establishment of the peace and happinesse of the nation in general . as to the authors third exception , that the parliament was not begun with the kings personal or representative presence , what i have already said is a full answer . but i might say further , that there is no necessity that i should yield to him , that this exception is true . for all the acts of this parliament which have the effect of laws , were made with the royal assent , since his majesty was personally present with them , and though they met sometime before , yet that doth not hinder but that it might begin to be a parliament upon his majesties first access to the two honourable houses . and in the general , i affirm that the power and faculty of determining what is a parliament , according to the laws of this nation , lies not in any subject as such , but in the kings majesty , or the parliament , or both together , or in the judges of the land . but the king and parliament have by their act , entituled , an act for removing and preventing all questions and disputes concerning the assembling and sitting of this present parliament , with particular mention of all the authors three exceptions , determined the question against the authors rash and inconsiderate opinion . and the judges of the land do every day impliedly adjudge the same thing , by allowing the benefit of the act of oblivion to all those that are within the words or meaning of the said act. so that the author ought not to have interposed his little opinion , seeing it is a certain truth , that the judgment of the judges of the general courts of record is the law of the land , till it be altered by something else , of as high or a higher nature and quality . again , the principal defects which are alledged in the assembling of this parliament , are the want or defect in the writs of summons , which is only a legal signification of the kings command or authority for their election and convening ; and this is supply'd by the kings confirmation afterwards , in the aforesaid act. it being a rule in law , that omn-is rati habitio mandato aequiperatur , a confirmation afterwards is looked upon in law as the same thing with a command in the beginning . there is no need to cite any cases to prove this , whereof there is no scarcity of instances , if i asserted a long discourse . not to insist upon his unmannerlinesse with the present honourable houses , i shall only wonder at his boldnesse and folly , who might have been fore warned by that passage in the d instit. chap. parliament , which he so much inculcates , viz. arthur hall , a member of the house of commons , for publishing and discovering the conferences of the house , and writing a book to the dishonour of the house , was adjudged by the house of commons to be committed to the tower for . months , fined at five hundred marks , and expelled the house . yet i know the authors case is somewhat differing , he being ( t is said ) no member of the house of commons . but to conclude , 't is a strange thing that there should be some who cannot be contented either with rain or sun-shine , neque morbos nostros nec remedia nostra ferre possumus , was an old complaint , but much more applicable to the dregs of time , wherein we are fallen . we were before tormented with the anguish of our wounds , and now we quarrel with our plasters ; and like the great city mentioned by aristotle , because we cannot finde , wee make the causes of our own distempers . but the body politick hath had already too much of blood-letting , & there is no man but hath found a miserable experience too of the phlebotomy of purses . why then being poor , should we by our folly seek to banish from our selves the only good companion of poverty , quietness ? there was never any government so perfect but it had some naevi in the constitution , and some errors and miscarriages in the practice . he must take order to go to heaven , that will not brook defects on earth . and therefore we ought not critically too ensure the actions of our superiors , because we know not all the circumstances that encouraged and gave occasion for their counsels , and if we did we must make abatement of some grains to humane frailty , and the short-sightednesse of our knowledge , and the multitude of accidents which can neither be foreseen , nor prevented . such are the judgements of the wise and moderate . but detractors are the authors of their own blindnesse , and are like flyes which refuse the sound parts of the body , but suck and aggravate the unsound and the raw . they have pharisaicall consciences , and make that which they account vertue in themselves , to be a crime unpardonable in all the world besides , nil mihi vis & vis cuncta licere tibi ; there is no need to apply it . i shall only adde one lesson that the late wars have taught me , to resist the prince ( besides the sting of conscience ) can tend to no good end in policy . for every unlawfull change is destructive or hurtfull to the first instruments of that change : ( the most of those men that were the first movers in the late wars , or their executors , will make affidavit of the truth hereof . ) and if the prince prevails ( which is most likely ) the rebels are undone in their lives , relations , estates . if the rebellious prevail , the stirring spirits among them will rule and tyrannize over the rest , till by supplanting one another they make way for the princes restitution : so that after all the calamity , losse and danger of a warre , and the subjection to the tyrannical government of their equals , the greatest and best end of all is this only ; to be as they were ; and like the dove of noah , after a tyresom and dangerous journey in the air , to return into the ark again for rest and safety . i hope the nation will not any longer be deluded by impostors , who make religion and the liberty of the subject the stalking horses to their own privat designs ; but that if they must needs contend , they will rather strive who shall be most forward to be an instrument for the advancement of religion , and the settlement of this hitherto distracted nation upon the pillars of justice and a lasting peace . eritis insuperabiles , si fueritis inseperabiles . finis . notes, typically marginal, from the original text notes for div a e- p. . p. . perfect narrative ▪ d instit. , & . cor l. . f. . p. . first argument second argumen : d instit. p : . instit. , . instit. . hobard . instit. . libr. citato . ro parl. e. . num . . instit. . ibid. in margine . arg. . hob. . d instit. . co. l. . f. . co. li . . f. . co. l. . f. . plowd , . mr. pryns true and perfect narrative , p. . argum . d instir . . . plowden . d instit . d instit. . l. , c. . ● . fortesc . cap. . p. . seldens titles of honor p. , . grotius de jure belsi l. . c. . sect. . p. , . p. . p. . kings c. . matth. . . ● . . c. . sect. . d instit. . conclusion . seneca . politio● . martial . machiav . in princ. england's present interest discover'd with honour to the prince and safety to the people in answer to this one question, what is most fit ... at this juncture of affairs to be done for composing ... the heat of contrary interests & making them subservient to the interest of the government, and consistent with the prosperity of the kingdom? : presented and submitted to the consideration of superiours. penn, william, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; 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(eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) england's present interest discover'd with honour to the prince and safety to the people in answer to this one question, what is most fit ... at this juncture of affairs to be done for composing ... the heat of contrary interests & making them subservient to the interest of the government, and consistent with the prosperity of the kingdom? : presented and submitted to the consideration of superiours. penn, william, - . [ ], p. s.n.], [london : . written by william penn. cf. dnb. place of publication from wing. errata on p. . marginal notes. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng society of friends. great britain -- politics and government -- - . - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion england's present interest discover'd with honour to the prince , and safety to the people . in answer to this one question ; what is most fit , easie and safe at this juncture of affairs to be done , for composing , at least quieting of differences ; allaying the heat of contrary interests , & making them subservient to the interest of the government , and consistent with the prosperity of the kingdom ? presented and submitted to the consideration of superiours . and abraham said to lot , let there be no strife between me and thee ; for we are brethren , gen. . . as ye would that men should do to you , do ye also to them likewise , luke . . lex est ratio sine appetitu . printed in the year . the contents . the introduction to the question , pag. . the question stated , pag. . the answer to the question , pag. . i. of english rights , in the brittish , saxon and norman times , pag. , . particularly of liberty and property , p. , , , . of legislation , pag. , , . of juries , pag. , , . that they are fundamental to the government , and but repeated and confirmed by the great charter , pag. , , , , , , , . the reverence paid them by kings and parliaments , and their care to preserve them , pag. . the curse and punishment that attended the violators , pag. , , , , . more general considerations of property , &c. the uncertainty and ruine of interests that follow , especially where it is not maintain'd ; presidents : that it is the prince's interest to preserve it inviolably from the fingering of the church ; that it is not justly forfeitable for non-conformity to her ; and that where she has the keeping of property , the government is chang'd from civil to ecclesiastical , king to bishop , parliament-house to the vestary ; for so the clergy have the keys as well of civil as church-society , pag. , , , , , , . ii. of a ballance , respecting religious differences , pag. , , . eight prudential reasons why the civil magistrate should embrace it , pag. , , , , , , . three objections answer'd , p. , , , , . a comprehension consider'd , but a toleration preferr'd , upon reasons and examples , pag. , . , . iii. of general & practical religion , pag. . that the promotion of it only is the way to take in , and stop the mouth of all perswasions , being the center to which all parties verbally tend , and therefore the fittest station for a prudent magistrate to meet every interest : the neglect of it pernicious ; instances : that it is the unum necessarium to felicity here & hereafter , p. , , , . an exhortation to superiours , pag. . a corollary , pag. , . the introduction . there is no law under heaven , which hath its rise from nature or grace , that forbids men to deal honestly and plainly with the greatest personages in matters of highest importance to their present and future good ; on the contrary , the dictates of both enjoyn every man that office to his neighbour , and from charity among private persons , it becomes a duty indispensible to the publick : nor do worthy minds think ever the less kindly of honest and humble monitors ; and god , he knows , that oft-times princes are deceived , and kingdoms languish for want of them . how far the posture of our affairs will instifie this address , i shall submit to your judgment , and the observation of every intelligent reader . certain it is , that there are few kingdoms in the world more divided within themselves , and whose religious interests lie more seemingly cross to all accommodation , then that we live in , which renders the magistrate's task hard , and giveth him a difficulty , some think insurmountable . your endeavours for a uniformity have been many ; your acts not a few to enforce it ; but the consequence , whether you intended it or no , through the barbarous practices of those that have had their execution , hath been the spoiling of several thousands of the free inhabitants of this kingdom of their unforfeited rights . persons have been flung into goals , gates and trunks broak open , goods distrained , till a stool hath not been left to sit down on ; flocks of cattel driven , whole barns full of corn seized , parents left without their children , children without their parents , both without subsistence : but that which aggravates the cruelty , is , the widdow's mite hath not escaped their hands ; they have made her cow the forieit of her consoience , not leaving her a bed to lie on , nor a blanket to cover her : and which is yet more barbarous , and helps to make up this tragedy , the poor helpless orphans milk boiling over the fire , was flung away , and the skillet made part of their prize ; that , had not nature in neighbours been stronger then cruelty in such informers and officers , to open her bowels for their relief and subsistence , they must have utterly perisht . nor can these in human instruments plead conscience or duty to those laws that have been made against dissenters , since their actions have abundantly transcended the severest clause in them ; for to see the imprison'd has been suspicion enough for a goal ; and to visit the sick , to make a conventicle : fining and straining for preaching and being at a meeting , where there hath been neither ; and fourty pound for twenty , at pick and choose too , is a moderate advance with some of them . others thinking this a way too dull and troublesom , alter the question , and turn , have you met ? which the act intends , to , will you swear ? which it intendeth not : so that in some places it hath been sufficient to a primunire , that men have had estates to loose ; i mean , such men , who through tenderness refuse the oath , but by principle love the allegiance not less then their adversaries . finding then by sad experience , and a long tract of time , that the very remedies applyed to cure dissension increase it ; and that the more vigorously an uniformity is coercively prosecuted , the wider breaches grow , the more inflamed persons are , and fixt in their resolutions to stand by their principles ; which , besides all other inconveniencies to those that give them trouble , their very sufferings beget that compassion in the multitude , which rarely misse of many friends , and makes a preparation for not a few proselytes ; so much more reverend is suffering , then making men to suffer for religion , even of those that cannot suffer for their religion , if yet they have any religion to suffer for . histories are full of examples ; the persecution of the christian . religion made it more illustrious then its doctrine . perhaps it will be denyed to english dissenters , that they relie upon so good a cause , and therefore a vanity in them to expect that success . arrianism it self , reputed the foulest heresie by the church , was by no artifice of its party so disseminated , as the severe opposition of the homousians . contests naturally draw company ; and the vulgar are justified in their curiosity , if not pitty , when they see so many wiser men busie themselves to suppress a people , by whom they see no other ill then that for non-conformity in matters of religion they bear indignities patiently . to be short ; if all the interruptions , informations , fines , imprisonments , exiles and blood , the great enemy of nature , as well as grace , hath excited man in all ages to about matters of worship from cain and abel's time to ours , could furnish us with sufficient presidents , that the design proposed by the inflictors of so much severity , was ever answered ; that they have smother'd opinions , and not inflamed , but extinguisht contest , it might perhaps at least prudentially give check to our expectations , and allay my just confidence in this address ; but since such attempts have ever been found improsperous , as well as that they are too costly , and that they have procured the judgments of god , the hatred of men ; to the sufferers , misery ; to their countries , decay of people and trade ; and to their own consciences an infinite guilt ; i fall to the question , and then the solution of it ; in which , as i declare , i intend nothing that should in the least abate of that love , honour and service that are due to you ; so i beseech you , do me that justice as to make the fairest interpretation of my expressions ; for the whole of my plain and honest design is , to offer my mite for the increase of your true honour and my dear country's felicity . the question . what is most fit , easie and safe at this juncture of affairs to be done , for composing , at least quieting differences ; for allaying the heat of contrary interests , and making them subservient to the interest of the government , and consistent with the prosperity of the kingdom ? the answer . i. an inviolable and impartial maintenance of english rights . ii. our superiours governing themselves upon a ballance , as near as may be , towards the several religious interests . iii. a sincere promotion of general and practical religion . i shall briefly discourse upon these three things , and endeavour to prove them a sufficient , if not the only best answer that can be given to the question propounded . of english-right . there is no government in the world but it musteither stand upon will and power , or condition and contract : the one rules by men ; the other by laws . and above all kingdoms under heaven it is england's felicity to have her constitution so impartially just and free , as there cannot well be any thing more remote from arbitrariness , and jealous of preserving her laws , by which all right is maintain'd . these laws are either fundamental , and so immutable ; or more superficial and temporary , and consequently alterable . by superficial laws we understand such acts , laws or statutes , as are suited to present occurrences , and emergencies of state ; and which may as well be abrogated , as they were first made for the good of the kingdom : for instance ; those statutes that relate to victuals , cloaths , times and places of trade , &c. which have ever stood whilst the reason of them was in force ; but when that benefit , which once redounded , fell by fresh accidents , they ended according to that old maxim , cessante ratione legis , cessat l●x . by fundamental laws i do not only understand such as immediately spring from synteresis , that eternal principle of truth and sapience , more orless disseminated through mankind , which are as the corner stones of humane structure , the basis of reasonable societies , without which all would run into heaps , and confusion : namely , honeste vivers , alterum non loedere , jus suum cuique tribuere ; that is , to live honestly , not to hurt another , and to give every one their right ( excellent principles , and common to all nations : though that it self were sufficient to our present purpose ) but those rights and priviledges , which i call english , and which are the proper birth right of english men , may be reduced to these three : first , an ownership , and undisturbed possession : that what they have , is rightly theirs , and no body's else . dly , a voting of every law , that is made , whereby that ownership or propriety may be maintained . dly , an influence upon , and a real share in that judicatory power that must apply every such law ; which is the ancient , necessary and landable use of juries , if not found among the brittains , to be sure practised by the saxons , and continued through the normans to this very day . that these have been the ancient and undoubted rights of english men , as three great roots , under whose spacious branches the english people have been wont to shelter themselves against the storms of arbitrary government , i shall endeavour to prove . . an ownership and undisturbed possession . this relates both to title and security of estate , and liberty of person , from the violence of arbitrary power . 't is true , the foot. steps of the brittish government are very much over-grown by time : there is scarcely any thing remarkable left us , but what we are beholden to strangers for ; either their own unskilfulness in letters , or their depopulations and conquests by invaders , have deprived the world of a particular story of their laws and customs in peace or war : however , caesar , tacitus , and especially dion , say enough to prove their nature and their government to be as far from slavish , as their breeding and manners were remote from the education and greater skill of the romans . beda and m. west minster say as much . the law of property they observed , and made those laws that concern'd the preservation of it . the saxons brought no alteration to these two fundamentals of our english government ; for they were a free people , govern'd by laws ; of which they themselves were the makers ; that is , there was no law made without the consent of the people ( de majoribus omnes ) as tacitus observeth of the germans in general . they lost nothing by transporting of themselves hither ; and doubtless found a greater consistency between their laws , then their ambition : for the learned collector of the brittish councils tells us , that ethelston , the saxon king , pleading with the people , told them , seeing i , according to your law , allow what is yours , do ye so with me . whence three things are observable , st , that something was theirs , that no body else could dispose of . dly , that they have property by their own law ; therefore they had a share in making their own laws . dly , that the law was umpier between king and people ; neither of them ought to infringe ; the law limited them . this ina , the great saxon king , confirms ; there is no great man , saith he , nor any other in the whole kingdom , that may abolish written laws . it was also a great part of the saxon oath , administred to the kings at their entrance upon the government , to maintain and rule according to the laws of the nation . their parliament they called micklemote , or wittangemote ; it consisted of king , lords and people , before the clergy interwove themselves with the civil government . and andrew horn in his miror of justice , tells us , that the grand assembly of the kingdom in the saxon time , was to confer of the government of god's people , how they might be kept from sin in quiet , and have right done them according to the customs and laws . nor did this law end with the saxon race : william the conqueror , as he is usually called , quitting all claim by conquest , gladly stoopt to the laws observed by the saxon kings , and so became a king by leave , valuing a title by election before that which is founded in power only : he therefore at his coronation made a solemn covenant to maintain the good , approv'd , and ancient laws of the kingdom , and to inhibit all spoil and unjust judgment . and this , henry the first , his third son , amongst others his titles mentioned in his charter , to make ely a bishoprick , calls himself son of william the great , who by hereditary right succeeded king edward ( call'd the confessor ) in this kingdom . an ancient chronicle of leichfield speaks of a council of lords that advised william of normandy , to call together all the nobles and wise men throughout their counties of england , that they might set down their own laws and customs ; which was about the fourth year of his reign : which implies , that they had fundamental laws , and that he intended their confirmation , as followeth . and one of the first laws made by this king , which , as a notable author saith , may be called the first magna charta in the norman times , by which he reserved to himself nothing of the free-men of this kingdom , but their free service ; in the conclusion of it , saith , that the lands of the inhabitants of this kingdom were granted to them in inheritance of the king , and by the common council of the whole kingdom ; which law doth also provide , that they shall hold their lands and tenements well or quietly , and in peace , from all unjust tax and tillage ; which is further expounded in the laws of henry the first , ch . . that no tribute or tax should be taken , but what was due in edward the confessor's time. so that the norman kings claim no other right in the lands and possessions of any of their subjects , then according to english law and right . and so tender were they of property in those times , that when justice it self became importunate in a case , no distress could issue without publick warrant obtained ; nor that neither , but upon three complaints first made : nay , when rape and plunder was rife , and men seem'd to have no more right to their own , then they had power to maintain , even then was this law sufficient sanctuary to all oppressed , by being publickly pleaded at the bar against all usurpations , though it were under the pretence of their conqueror's right it self , as by the case of edwin of sharnbourn appears . the like obligation to maintain this fundamental law of property , with the appendent rights of the people , was taken by rufus , henry the st , stephen , henry the d , richard the st , john , and henry the d ; which brings me to that famous law , called , magna charta , or the great charter of england , of which more anon ; it being my design to shew , that nothing of the essential rights of english men was thereby de novo granted , as in civility to king henry the third it is termed ; but that they are therein only repeated and confirmed : wherefore i shall return to antecedent times tofetch down the remaining rights . the second part of this first fundamental is , liberty of person . the saxons were so tender in the point of imprisonment , that there was little or no use made of it ; nor would they so punish their bond-men , vinculis coercere rarum est : in case of debt or dammage , the recovery thereof was either by a delivery of the just value in goods , or upon the sheriffs sale of the goods , in money ; and if that satisfied not , the land was extended ; and when all was gone , they were accustomed to make their last seizure upon the party's arms , and then he was reputed an undone man , and cast upon the charity of his friends for subsistence , but his person never imprison'd for the d●bt , no , not in the king's case : and to the honour of king alfred be it spoaken , he imprison'd one of his judges for imprisoning a man in that case . and we find among his laws this passage , qui immerentem paganum vin●ul●s 〈◊〉 stri●xer●t , dec●m solidis noxam sarcito : that if a man should imprison a pagan , or heathen unjustly , his purgation of that offence should be no less then the payment of ten shillings ; a sum very considerable in those dayes . nor did the revolution from saxon to norman drop this priviledge ; for besides the general confirmation of former rights by william , surnamed the conqueror , his son henry the first , particularly took such care of continuing this part of property inviolable , that in his time no person was to be imprison'd for committing of mortal crime it self , unless he were first attainted by the verdict of twelve men. thus much for-the first of my three fundamentals , right of estate , and liberty of person ; that is to say , i am no man's bond-man , and what i possess is inviolably mine own . . a voting of every law that is made , whereby that ownership or propriety may be maintained . that the second fundamental of our english government was no incroachment upon the kings of more modern ages , but extant long before the great charter made in the reign of hen. . even as early as the brittains themselves ; and that it continued to the time of hen. . i shall prove by several instances . caesar in his commentaries tells us , that it was the custom of the british cities to elect their general ; and if in war , why not in peace ? dion assures us in the life of severus the emperor , that in brittain the people held a share in power and government ; which is the modestest construction his words will bear . and tacitus saith , they had a common council ; and that one great reason of their overthrow by the romans was , their not consulting with , and relying upon their common council . again , both ad and mat westminster tell us , that the brittains summon'd a synod , chose their moderator , and expell'd the pelagian creed : all which supposes popular assemblies , with power to order national affairs . and indeed , the learned author of the brittish councils gives some hints to this purpose , that they had a common council , and call'd it , kyfr-y-then . the saxons were not inferiour to the brittains in this point , and story furnisheth us with more and plainer proofs . they brought this liberty along with them , and it was not likely they should loose it , by transporting themselves into a country where they also found it . tacitus reports it to have been generally the german . liberty , like unto the concie of the athenians and lacedemonians . they call their free-men frilingi , and these had votes in the making and executing the general laws of the kingdom . in ethelbert's time , after austin's insinuations had made his followers a part of the government , the commune concilium was tam cleri quam populi . in ina's time , suasu & instituto episcoporum , omnium senatorum & natu majorum sapientum populi . alfred after him reform'd the former laws consulto sapientum . likewise matters of publick and general charge , in case of war , &c. we have granted in the assembly , regi , baronibus & populo . and though the saxon word properly imports the meeting of wise men , yet all that would come might be present , and interpose their like or dislike of the present proposition , as that of ina , in magna servorum dei frequentia . again , commune concilium seniorum & populorum totius regni , the common council of the elders and people of the whole kingdom . the council of winton , ann. . is said to be in the presence of the great men , aliorumque fidelium infinita multitudine ; & an infinite multitude of other faithful people , which was nigh four hundred years before the great charter was made . my last instance of the saxon ages shall be out of the glossery of the learned english knight , h. spelman : the saxon wittangemote or parliament ( saith he ) is a convention of the princes , as well bishops as magistrates , and the free people of the kingdom ; and that the said wittangemote consulted of the common safety in peace and war , and for the promotion of the common good. william of normandy chose rather to rely upon the peoples consent , then his own power to obtain the kingdom . he swore to them to maintain their old laws and priviledges ; they to him obedience for his so governing of them : for , as a certain author hath it , he bound himself to be just , that he might be great ; and the people to submit to justice , that they might be free in his laws , c. . we , by the common council of the whole kingdom , have granted the peoples lands to them in inheritance , according to their ancient laws . matters of general charge upon the whole body of the people , were setled by this grand council , by the commune concilium , especially in the charge of arms imposed upon the subject . the law saith it to have been done by the common council of the kingdom . so w. rufus and henry the first , were received by the common consent of the people . and stephen's words were , ego stephanus , dei gratia , assensu cleri & populi in regno angliae electus , &c. i stephen , by the grace of god , and consent of the clergy and people , chosen king of england , &c. so king john was chosen tam cleri quam populi unanimo consensu & favore , by the favour and unanimous consent of the clergy and people : and his queen is said to have been crown'd de communi consensu & concordi voluntate archiepiscoporum , comitum , baronum , cleri & populi totius regni , i. e. by the common assent and unanimous good-will of the arch-bishops , bishops , counts , barons , clergy and people of the whole kingdom . king ed. also desired money of the commune concilium or parliament , as they have given in my time , and that of my progenitors , kings . all which shows , that it was antecedent to the great charter , not the rights therein repeated and confirmed , but the act it self . and king john's resignation of the crown to the pope , being questiond upon some occasion in edward the d's time , it was agreed upon , that he had no power to do it without the consent of the dukes , prelates , barrons and commons . and as paradoxal as any may please to think it , 't is the great interest of a prince , that the people should have a share in the making of their own laws ; where 't is otherwise , they are no kings of free-men , but slaves , and those their enemies for making them so . leges nulla alia causa nos tenent , quam quod judicio populi recepta sunt ; the laws ( saith ulpian ) do therefore obliege the people , because they are allowed of by their judgment . and gratian , in dec. distinct . . tum demum humanae leges habent vim suam , cum fuerint non modo institutae , sed etiam firmatae approbatione communitatis : it is then ( saith he ) that human laws have their due force , when they shall not only be devised , but confirm'd by the approbation of the people . . it makes men diligent , and encreaseth trade , which advances the revenue ; for where men are not free , they will never seek to improve , because they are not sure of what they have . . it frees the prince from the jealousie and hate of his people ; and consequently , the troubles and danger that follow ; and makes his province easie and safe . . if any inconveniency attends the execution of any law , the prince is not to be blam'd ; 't is their own fault that made , at least consented to it . i shall now proceed to the third fundamental , and by plain evidence prove it to have been a material part of the government before the great charter was enacted . . the people have an influence upon , and a great share in that judicatory power . &c. that it was a brittish custom , i will not affirm , but have some reason to suppose ; for if the saxons had brought it with them , they would also have lest it behind them , and in all likelyhood there would have been some footsteps in saxony of such a law or custom which we find not . i will not enter the lists with any about it ; this shall suffice , that we find it early among the saxons in this country ; and if they , a free people in their own country , setling themselves here as a new planted colony , did supply what was defective in their own government , or add some new freedom to themselves , as all planters are wont to do ; which are as those first and corner stones , their posterity with all care and skill are to build upon , that will serve my turn , to prove it a fundamental ; that is , such a first principle in our english government , by the agreement of the people diffusively , that it ought not to be violated : i would not be understood of the number , but of the way of tryal ; that is to say , that men were not to be condemned but by the votes of the freemen . n. bacon thinks that in ruder times the multitude tryed all among themselves ; and fancyes it came from graecians , that determin'd controversies by the suffrage of or the major part of them . be it as it will , juries the saxons had ; for in the laws of king aetheldred , about years before the entrance of the norman duke , we find enacted , in singulis centuriis , &c. thus englisht , in every hundred let there be a court , and let twelve ancient free-men , together with the lord of the hundred be sworn , that they will not condemn the innocent , or acquit the guilty : and so strict were they of those ages in observing this fundamental way of judicature , that alfred put one of his judges to death for passing sentence upon a verdict corruptly obtain'd , upon the votes of the jurors , three of twelve being in the negative : if the number was so sacred , what was the constitution it self ? the very same king executed another of his judges for passing sentence of death upon an ignoramus return'd by the jury ; and a third for condemning a man upon an inquest taken ex officio , when as the delinquent had not put himself upon their tryal . more of his justice might be mention'd even in this very case . there was also a law made in the time of aetheldred , when the brittains and saxons began to grow tame to each other , and intercommon amicably , that saith , let there be twelve men of understanding , &c. six english and six welsh , and let them deal justice , both to english and welch . also in those simpler times , if a crime extended but to some shameful pennace , as pillary or whipping ( the last whereof as usual as it may be with us , was inflicted only upon their bond-men ) then might the pennance be reduc'd to a ransom , according to the nature of the fault ; but it must be so assest in the presence of the judge , and by the twelve , that is the jury of friling● , or free-men . hitherto stories tell us of tryals by juries , and those to have consisted in general terms of free-men , but per pares came after , occasion'd by the considerable saxons , neglecting that service , and leaving it to the inferior people ( who lost the bench , their ancient right , because they were not thought company for a judge or sherif ) and from the growing pride of the danes , who slighted such a rural judicature , and despised the fellowship of the mean saxon free-men in publick service ; for the wise saxon king perceiving the dangerous consequence of submitting the lives and liberties of the inferiour ( but not less useful people ) to the dictates of any such superb humour ; and on the other hand , of subjecting the nobler sort to the suffrage of the inferior rank , with the advice of his wittagenmote provides a third way , most equal and grateful , and by agreement with gunthurne the dane , setled the law of peers , or equals ; which is the envy of nations , but the famous priviledge of our english people , one of those three pillars the fabrick of this ancient and free government stands upon . this benefit gets strength by time , and is receiv'd by the norman-duke and his successors ; and not only confirm'd in the lump of other priviledges , but in one notable case for all , that might be brought to prove , that the fundamental priviledges mention'd in the great charter , . hen. . were before it . the story is more at large deliver'd by our learned selden ; but thus ; the norman duke having given his half brother odo , a large territory in kent , with the earldom ; and he taking advantage at the king 's being displeased with the arch-bishop of canterbury , to posses himself of some of the lands of that see : landfrank that succeeded the arch-bishop , inform'd hereof , petition'd the king for justice secundum legem terrae , according to the law of the land ; upon which the king summon'd a county-court , the debate lasted three dayes before the free-men of kent in the presence of lords and bishops , and others skilful in the law , and the judgment passed for the arch-bishop upon the votes of the free-men . by all which it is ( i hope ) sufficiently and inoffensively manifested , that these three principles : . english men have individually the alone right of possession and disposition of what they have . . that they are parties to the laws of their country , for the maintenance of that great and just law. . that they have an influence upon , and a real share in the judicatory power , that shall apply those laws made , have been the ancient rights of the kingdom , and common basis of the government ; that which kings under the several revolutions have sworn to maintain , and history affords us so many presidents to confirm ; so that the great charter made in the th of henry the d , was not the nativity , but restoration of ancient priviledges from captivity ; no grant of new rights , but a new grant , or confirmation rather of ancient laws & liberties , violated by king john , and gain'd by his successor , at the expence of a long and bloody war , which shew'd them as resolute to keep , as their ancestors had been careful to enact those excellent laws . and so i am come to the great charter , which is comprehensive and repetitious of what i have already been discoursing , and which i shall briefly touch upon with those successive statutes that have been made in honour and preservation of it . i shall rehearse so much of it as falls within the consideration of the foregoing matter , which is a great deal in a little ; with something of the formality of grant and curse , that this age may see , with what reverence and circumspection our ancestors govern'd themselves in confirming and preserving it . henry , by the grace of god king of england , &c. to all arch-bishops , earls , barons , sheriffs , provoses , officers , unto all bailifs , and our faithful subjects , who shall see this present charter , greeting . know ye , that we , unto the honour of almighty god , and for the salvation of the souls of our progenitors , and our successors , kings of england , to the advancement of holy church , and amendment of our realm , of our meer and free will have given and granted to all arch-bishops , &c. and to all free-men of this our realm , these liberties underwritten , to be holden and kept in this our realm of england for evermore . though in honour to the king , it is said to be out of his meer and free will , yet the qualification of the persons , he is said to grant the ensuing liberties to , shew , that they are terms of formality , viz. to all free-men of this realm ; for they must be free , because of these laws and liberties , since 't was impossible they could be any thing but slaves without them ; consequently , this was not an infranchising , but confirming to free-men their just priviledges . the words of the charter are these : a free-man shall not be amerced for a small fault , but after the quantity of the fault ; and for a great fault , after the manner thereof , saving to him his contenements or freehold : and a merchant likewise shall be amerced , saving to him his merchandize ; and none of the said amercements shall be assessed , but by the oath of good and honest men of the vicinage . no free-man shall be taken or imprison'd , nor be disseized of his free hold or liberties , or free customs , or be outlaw'd or exiled , or any other wayes destroyed ; nor we shall not pass upon him , nor condemn him , but by lawful judgment of his peers , or by the law of the land ; we shall sell to no man , we shall deny , or defer to no man either justice or right . i stand amazed , how any man can have the confidence to say , these priviledges were extorted by the barons wars , when the king declares , that what he did herein , was freely or that they were new priviledges , when the very tenour of the words prove the contrary ; for freehold , liberties , or free customs are by the charter it self supposed to be in the possession of the free-men at the making and publishing thereof . no free-man shall be taken or imprison'd ; then he is free ; this liberty is his right . again , no free-man shall be disseized of his freehold , liberties , or free customs ; then certainly he was in possession of them . and that great father in the laws of england , chief justice cook in his proaem to the d part of his institutes , tells us , that th●se laws and liberties were gather'd and observ'd amongst others in an intire volumn by king edward the confessor , confirmed by william , sirnamed the conqueror ; which were afterwards ratified by henry the first ; enlarged by henry the second , in his constitutions at clarendon , and after much contest and blood split between king john and the barons concerning them , were solemnly established at running-mead near stanes ; and lastly , brought to their former station , and publish'd by this king henry the third , in the th year of his reign ; and though evil counsellors would have provoakt him to void his father's act and his own , as if the first had been the effect of force , the other of non-age ; yet it so pleased almighty god , who hath ever been propitious to this ungrateful island , that in the th year of his reign , he did confirm and compleat this charter , for a perpetual establishment of liberty to all free-born english men and their heirs forever , ordaining , quod contravenientes per dominum regem cum convicti fuerint , graviter puniantur . i. e. but whosoever should act any thing contrary to these laws , upon conviction should be grievously punished by our lord the king. and in the year of his reign , it was confirmed by the statute of marleb . c. . and so venerable an esteem have our ancestors had for this great charter and indispensibly necessary have they thought it to their own and posterities felicity , that it hath been above times ratified , and commanded under great penalties , to be put in execution . here are the fundamentals comprehended & exprest , to have been the rights and priviledges of english men. . ownershp , consisting of liberty and property , in that it supposes english men to be free , there 's liberty ; next , that they have freeholds ; there 's property . . that they have the voting of their own law ; for that was an ancient free custom , as i have already prov'd ; and all such costoms are expresly confirmed by this great charter ; besides , the people helpt to make it . . an influence upon , and a real share in the judicatory power , in the execution and application of law. this is a substantial part , thrice provided for in those sixteen lines of the great charter by us rehears'd : . that no amercement shall be assessed , but by the oath of good and honest men of the vicinage . . nor we shall not pass upon him , nor condemn him , but by lawful judgment of his peers . . or by the law of the land , which is synonymous , or a saying of equal signification with lawful judgment of peers ; for law of the land , and lawful judgment of peers , are the proprium quarto modo , or essential qualities of these chapters of our great charter , being communicable , omni soli & semper , to all and every clause thereof alike . chief justice cook well observes , that per legem terrae , or by the law of the land , imports no more then a tryal by proces , and writ original at common law , which cannot be without the lawful judgment of equals , or a common jury ; therefore per legale judicium parium , by the lawful judgment of peers , and per legem terrae , by the law of the land , plainly signifie the same priviledge to the people : so that it is the judgment of the free-men of england , which gives the cast , and turns the scale of english justice . these things being so evidently prov'd by long use and several laws , to have been the first principles or fundamentals to the english free government ; i take leave to propose this question ; may the free people of england be justly disseized of all or any of these fundamental principles , without their individual consent ? answ . with submission to better skill , i conceive , not ; for which i shall produce first my reasons ; then authorities . . through the brittish , saxon and norman times , the people of this island have been reputed and call'd free-men by kings , parliaments , records and histories ; and as a son supposes a father , so free-men suppose freedom . this qualification imports a supream right , such a right as beyond which there is none on earth to disfree them , or deprive them of it ; therefore an unalterable fundamental part of the government . . it can never be thought , that they intrusted any legislators with this capital priviledge further then to use their best skill to secure and maintain it , that is , so far as they were a part of the english government ; they never delegated or impower'd any men , that de jure they could deprive them of that qualification ? and a facto ad jus non valet argumentum , for the question is not , what may be done ? but what ought to be done ? overseers and stewards are impower'd , not to alienate , but preserve and improve other mens inheritances . no owners deliver their ship and goods into any man's hands to give away , or run upon a rock ; neither do they consign their affairs to agents or factors without limitation . all trusts suppose such a fundamental right in them for whom the trusts are , as is altogether indissolvable by the trustees : the trust is the liberty and property of the people ; the limitation is , that it should not be invaded , but inviolably preserved according to the law of the land. . if salus populi be suprema lex ; the safety of the people the highest law , as say several of our ancient famous lawyers and law-books ; then since the aforesaid rights are as the sinnews of this free body politique , or that soveraign cordial without which this free people must needs consume and pine away into utter bondage ; it follows , they are the highest law , and therefore ought to be a rule and limit to all subsequent legislation . . the estate goes before the steward , the foundation before the house , people before their representatives , and the creator before the creature . the steward lives by preserving the estate ; the house stands by reason of its foundation ; the representative depends upon the people , and the creature subsists by the power of its creator . every representative in the world , is as the creature of the people ; for the people make them , and to them they owe their being : here is no transessentiating or transubstantiating of being from people to representative , no more then there is an absolute transferring of a title in a letter of atorney ; the very term representative is enough to the contrary : wherefore as the house cannot stand without its foundation , nor the creature subsist without its creator ; so can there be no representative without a people , nor that people free , which all along is intended ( as inherent to , and inseparable from the english people ) without freedom ; nor can there be any freedom without something be fundamental . in short , i would fain know of any man , how the branches can cut up the root of the tree that bears them ? how any representative that is not only a meer trust to preserve fundamentals , the peoples inheritance ; but , that is a representative , that makes laws , by virtue of this fundamental law , that the people hath a power in legislation ( the d principle prov'd by me ) can have power to remove or destroy that fundamental ? the fundamental makes the people free , this free people make a representative ; can this creature unqualifie its creator ? what spring ever rose higher then its head ? the representative is at best but a true copy , an exemplification ; the free people are the original , not cancellable by a transcript : and if that fundamental that gives to the people a power of legislation , be not annullable by that representative , because it makes it what it is ; much less can that representative disseize men of their liberty and property , the first great fundamental , that is the parent of this other , which intitles to a share in making laws for the preservation of the first inviolably . nor is the third other then the necessary production of the two first , to intercept arbitrary designs , and make power legal ; for where the people have not a share in judgment , that is , in the application , as well as making of the law ; the other two are imperfect , open to daily invasion , should it be our infelicity to have a violent prince : for as property is every day expos'd , where those that have it are destitute of power to hedge it about by law-making ; so those that have both , if they have not the application of the law , but the creatures of another part of the government , how easily is that hedge broken down ? and indeed , as it is a most just and necessary , as well as ancient and honourable custom , so it is the princes interest ; for still the people are concern'd in the inconveniencies with him , and he is freed from the temptation of doing arbitrary things , and their importunities , that might else have some pretence for such adresses , as well as from the mischiefs that might ensue such actions . it might be enough to say , that here are above statutes now in print , beside its venerable antiquity , that warrant and confirm this legale judicium parium suorum , or the tryal of english men by their equals . but i shall hint at a few instances : the first is , the earl of lancaster in the th of edw. . adjudged to dye without lawful tryal of his peers , and afterwards henry earl of lancaster his brother , was restored : the reasons given were two ; . because the said thomas was not arraign'd and put to answer ; . that he was put to death without answer , or lawful judgment of his peers . the like proceedings were in the case of john of gaunt , p. . coram rege . and in the earl of arundel's case , rot. parl. edw. . n. . and in sr. john alce's case , edw. . n. . such was the destruction committed on the ●d . hastings in the tower of london by richard the d. but above all , that attainder of thomas cromwel , earl of essex , who was attainted of high treason , as appears rot. parl , . hen. . of which saith chief justice cook , as i remember , let oblivion take away the memory of so foul a fact , if it can ; if not , however , let silence cover it . 't is true , there was a statute obtained in the th of henry the th , in defiance of the great charter , which authoriz'd several exactions contrary to the free customs of this realm ; particularly in the case of juries , both sessing and punishing by justices of assize and of the peace , without the fining and presentment of free-men ; empson and dudley were the great actors of those oppressions , but they were hang'd for their pains , and that illegal statute repealed in the st of henry the th c. . the consequence is plain ; that fundamentals give rule to acts of parliament , else why was the statute of the th edw. . c. . of liveries and information by the discretion of the judges to stand as an original ; and this of the th of henry the th repealed as illegal ? for , therefore any thing is unlawful , because it transgresseth a law : but what law can an act of parliament transgress , but that which is fundamental ? therefore tryal by juries or lawful judgment of equals , is by acts of parliament confest to be a fundamental part of our government : and because chief justice cook is generally esteem'd a great oracle of law , i shall in its proper place present you with his judgment upon the whole matter . . these fundamentals are unalterable by a representative , which were the result and agreement of english free-men individually , the ancienter times not being acquainted with representatives ; for then the free-men met in their own persons : in all the saxons story we find no mention of any such thing ; for it was the king , lords and free-men , the elders and people ; and at the counsel of winton , in . is reported to have been present the great men of the kingdom , and an infinit multitude of other faithful people . also that of king ina , the common council of the elders & people of the whole kingdom . it is not to be doubted but this continued after the norman times ; and that at running mead by sta●●s the freemen of england were personally present at the confirmation of that great charter , in the reign of king john. but as the ages grew more human , with respect to villains and retainers , and the number of free-men encreased , there was a necessity for a representative , especially , since fundamentals were long ago agreed upon , and those capital priviledges put out of the reach and power of any litle number of men to endanger : and so careful were their representatives in the time of edward the third , of suffering their liberties and free customs to be infring'd , that in matters of extraordinary weight they would not determin , till they had first return'd and conferr'd with their several counties or burroughs that delegated them . several authorities in confirmation of the reasons . so indubitably are these fundamentals the peoples right , and so necessary to be preserved , that kings have successively known no other safe or legal passage to their crown & dignity , then their solemn obligation inviolably to maintain them . so sacred were they reputed in the dayes of henry the d , that not to continue or confirm them , were to affront god , and damn the souls of his progenitors and successors ; to depress the church , and deprave the realm : that the great charter comprehensive of them should be allow'd as the common law of the land , by all officers of justice ; that is the lawful inheritance of all commoners : that all statute-laws or judgments whatsoever , made in opposition thereunto , should be null and void : that all the ministers of state and officers of the realm , should constantly be sworn to the observation thereof : and so deeply did after-parliaments reverence it , and so care ful were they to preserve it , that they both confirm'd it by . several acts , and enacted copies to be taken and lodg'd in each cathedral of the realm , to be read four times a year publickly before the people ; as if they would have them more oblig'd to their ancestors for redeeming and transmitting those priviledges , then for begetting them : and that twice every year the bishops , apparel'd in their pontificials , with tapers burning , and other solemnities , should pronounce the greater excommunication against the infringers of the great charter , though it were but in word or counsel ; for so saith the statute . i shall for further satisfaction repeat the excommunication or curse pronounced both in the dayes of henry the third , and edward the first . the sentence of the curse given by the bishops , with the king's consent , against the breakers of the great charter . in the year of our lord . the third day of may , in the great hall of the king at westminster , in the presence , and by the consent of the lord henry , by the grace of god king of england , and the lord richard , earl of cornwall , his brother ; roger bigot , earl of norfolk , marshal of england ; humphry , earl of hereford ; henry , earl of oxford ; john , earl warren ; and other estates of the realm of england ; we boniface , by the mercy of god , arch-bishop of canterbury , primate of england , f. of london , h. of ely , s. of worcester , e. of lincoln , w. of norwich , p. of hereford , w. of salisbury , w. of durham , r. of excester , m. of carlile , w. of bath , e. of rochester , t. of st. davids , bishop , apparell'd in pontificials , with tapers burning , against the breakers of the churches liberties , and of the liberties and other customes of this realm of england , and namely these which are contained in the charter of the common liberties of england , and charter of the forrest , have denounced sentence of excommunication in this form , by the authority of almighty god , the father , the son , and the holy ghost , &c. of the blessed apostle peter and paul , and of all apostles , and of all martyrs , of blessed edw. king of england , and of all the saints of heaven , we excommunicate and accurse , and from the benefit of our holy mother , the church , we sequester all those that hereafter willingly and maliciously deprive or spoil the church of her right ; and all those that by any craft or willingness , do violate , break , diminish , or change the churches liberties , and free customs contained in the charters of the common liberties , & of the forrest , granted by our lord the king , to arch-bishops , bishops , and other prelates of england , and likewise to the earls , barons , knights and other free-holders of the realm ; and all that secretly and openly , by deed , word or counsel do make statutes , or observe them being made , and that bring in customs , to keep them , when they be brought in , against the said liberties , or any of them , & all those that shall presume to judge against them ; and all and every such person before-mention'd , that wittingly shall commit any thing of the premises , let them well know that they incur the aforesaid sentence , ipso facto . the sentence of the clergy against the breakers of the articles above-mentioned . in the name of the father , the son , and the holy ghost , amen : whereas our soveraign lord the king , to the honour of god , and of holy church , and for the common profit of the realm , hath granted for him , and his heirs for ever these articles above-xwriten , robert arch-bishop of canterbury , primate of all england , admonished all his province once , twice and thrice , because that shortness will not suffer so much delay , as to give knowledge to all the people of england , of these presents in writing : we therefore enjoyn all persons , of what estate soever they be , that they , and every of them , as much as in them is , shall uphold and maintain these articles granted by our soveraign lord the king , in all points : and all those that in any point do resist or break , or in any manner hereafter procure , counsel , or in any wise assent to , testifie or break those ordinances , or go about it , by word or deed , openly or privily , by any manner of pretence or colour ; we , the aforesaid arch-bishop , by our authority in this writing expressed , do excommunicate and accurse , and from the body of our lord jesus christ , and from all the company of heaven , and from all the sacraments of holy church do sequester and exclude . we may here see , that in the obscurest time of popery they were not left without a sence of justice ; and the papists , whom many think no friends to liberty and property , under dreadful penalties injoyn an inviolable observance of this great charter , by which they are confirm'd . and though i am no roman catholick , and as little value their other curses pronounc'd upon religious dissents , yet i declare ingenuously , i would not for the world incur this curse , as every man deservedly doth , that offers violence to the fundamental freedoms thereby repeated and confirmed : and that any church or church officers in our age , should have so little reverence to law , excommunication or curse , as to be the men that either vote or countenance such severities , as bid defiance to the curse , and rend this memorable charter in pieces , by disseizing free-men of england of their freeholds , lib●●ties & properties , meerly for the inoffensive exercise of their co●science to god in matters of worship , is a civil sort of sacriledge . i know it is usually objected , that a great part of the charter is spent on the behalf of the roman church , and other things now abolisht ; and if one part of the great charter may be repeal'd or invalidated , why not the other ? to which i answer ; this renders nothing that is fundamental in the charter the less valuable ; for they do not stand upon the legs of that act , though it was made in honour of them , but the ancient and primitive institution of the kingdom . if the petition of right were repeal'd , the great charter were never the less in force , it being not the original establishment , but a declaration and confirmation of that establishment . but those things that are abrogable or abrogated in the great charter , were never a part of fundamentals , but hedg'd in then for present emergency or conveniency . besides , that which i have hitherto maintained to be the common and fundamental law of the land , is so reputed , and further ratified by the petition of right , car. . which was long since the church of rome lost her share in the great charter . nor did it relate to matters of faith and worship , but-temporalities only ; the civil interest or propriety of the church but with what pretence to mercy or justice , can the protestant church null the romish , that she may retain the english part without conforming to rome , and yet now cancel the english part it self to every free-born english man that will not conform to her ? but no more of this at this time ; only give me leave to remind a sort of active men in our times , that the cruel infringers of the peoples liberties , and violaters of these noble laws , did not escape with bare excommunications and gurses ; for such was the venerable esteem our ancestors had for these great priviledges , and deep sollicitude to preserve them from the defacings of time , or usurpation of power , that king alfred executed judges for warping from the ancient laws of the realm . hubert de burgo , chief justice of england in the time of edw. . was sentenced by his peers in open parliament for advising the king against the great charter . thus spencers , both father and son for their arbitrary rule and evil counsel to edw. . were exiled the realm . no better success had the actions of tresilian & belknap : and as for empson and dudley , though persons of some quality in the time of king henry the th , the most ignominious death of our country , such as belongs to theft and murder , was scarce satisfaction enough to the kingdom for their illegal courses . i shall chuse to deliver it in the words of chief justice cook , a man , whose learning in law hath not without reason obtained a venerable character of our english nation . there was ( saith he ) an act of parliament , made in the th year of king hen. . which had a fair flattering preamble , pretending to avoid divers mischiefs , which were ( st ) to the high dispicasurs of almighty god. ( dly ) the great let of the common law. and ( dly ) the great let of the wealth of this land. and the purven of that act , tended in the execution contrary , ex diametro , viz. to the high displeasure of almighty god , and the great let , nay , the utter subversion of the common law , and the great let of the wealth of this land ; — as hereafter shall appear , the substance of which act follows in these words . that from thenceforth , as well justices of assizs , as justices of the peace , in every county , upon information for the king , before them made , without any finding or presentment by twelve men , shall have full power and authority , by their discretion ; and to hear and determine all offences , as riots , unlawful assemblies , &c. committed and done against any act or statute made , and not repeal'd , &c. by pretext of this law , empson and dudley did commit upon the subjects insufferable pressure and oppressions ; and therefore this statute was justly , soon after the decease of hen. . repealed at the next parliament , by the statute of hen. the . chap. . a good caveat to parliaments to leave all causes to be measur'd by the golden and strait metwand of the law , and not to the incertain and crooked cord of discretion . it is almost incredible to foresee , when any maxim , or fundamental law of this realm is altered ( as elsewhere hath been observed ) what dangerous inconveniencies do follow ; which most expresly appears by this most unjust and strange act of the th of hen. . for hereby not only empson and dudley themselves , but such justices of peace ( corrupt men ) as they caused to be authorised , committed most grievous and heavy oppressions & exactions , grinding the faces of the poor subjects by penal laws ( be they never so obsolete , or unfit for the time ) by information only , without any presentment or tryal by jery , being the ancient birth right of the subject ; but to hear and determine the same , by their discretions , inflicting such penalty as the statute not repealed , imposed . these , and other like oppressions and exactions by the means of empson and dudley , and their instruments , brought infinite treasure to the king's coffers , whereof the king himself , at the end , with great grief and compunction repented , as in another place we have observ'd . this statute of the th of hen. . we have recited , and shewed the just inconveniencies thereof , to the end that the like should never hereafter be attempted in any court of parliament ; and that others might avoid the fearful end of those two time-servers , empson and dudley , qui eorum v●●●igiis insistant , exitus perhorrescant . i am sure , there is nothing i have offer'd in defence of english-law . doctrine , that riseth higher then the judgment and language of this great man , the preservation and publication of whose endeavours became the care of a great parliament . and it is said of no inconsiderable lawyer , that he should thus express himself in our occasion , viz. the laws of england were never the dictates of any conqueror's sword ; or the placita of any king of this nation ; or ( saith he ) to speak impartially and freely , the results of any parliament that ever sate in this land. thus much of the nature of english rights , and the reason and justice of their inviolable maintenance . i shall now offer some more general considerations for the preservation of property , and hint at some of those mischiefs that follow spoiling it for conscience sake , both to prince and people . . the reason of the alteration of any law , ought to be the discommodity of continuing it ; but there can never be so much as the least inconveniency in continuing of liberty and property ; therefore there can be no just ground for infringing , much less abrogating the law that gives and secures them . . no man in these parts is born slave to another ; neither hath one right to inherit the sweat of the others brow , or reap the benefit of the others labour , but by consent ; therefore no man should be deprived of property , unless he injure another man's . . but certainly , nothing is more unreasonable then to sacrifice the liberty and property of any man ( being his natural and civil rights ) for religion , where he is not found breaking any law relating to natural & civil things . religion , under any modification is no part of the old english government ; honeste vivere , alterum non ladere , jus suum cuique tribeure , are enough to entitle every native to english priviledges : a man may be a very good english man , and yet a very indifferent church-man . nigh years before austine set his foot on english ground , had the inhabitants of this island a free government . it is want of distinguishing between it and the modes of religion , which fills every clamorous mouth with such impertinent cryes as this ; why do not you submit to the government ? as if the english civil government came in with luther , or were to go out with calvin : what prejudice is it for a popish landlord to have a protestant tennant ; or a presbyterian tennant to have a protestant landlord ? certainly , the civil affairs of all governments in the world may be peaceably transacted under the different trims of religion , where civil rights are inviolably observ'd . nor is there any interest so inconsistent with peace and unity , as that which dare not solely rely upon the power of perswasion , but affects superiority , and impatiently seeks after an earthly crown : this is not to act the christian , but the caesar ; not to promote property , but party , and make a nation drudges to a sect. be it known to such narrow spirits , we are a free people by the creation of god , the redemption of christ and careful provision of our ( never to be forgotten ) honourable ancestors : so that our claim to these english priviledges rising higher then the date of protestancy , can never justly be invalidated for any non-conformity to it . this were to loose by the reformation , which god forbid ; i am sure ' twas-to enjoy property with conscience that promoted it : nor is there any better definition of protestancy , then protesting against spoiling property for conscience . i must therefore take leave to say , that i know not how to reconcile what a great man lately deliver'd in his eloquent harangue to the house of lords : his words are these , for when we consider religion in parliament , we are supposed to consider it as a parliament should do , and as parliaments in all ages have done , that is , as it is a part of our laws , a part , and a necessary part of our government : for as it works upon the conscience , as it is an inward principle of the divine life , by which good men do govern all their actions , the state hath nothing to do with it , it is a thing which belongs to another kind of commission , then that by which we sit here . i acquiesce in the latter part of this distinction , taking it to be a venerable truth , and would to god mankind would believe it , and live it ; but how to agree it with the former , i profess ignorance ; for if the government hath nothing to do with the principle it self , what more can she pretend over the actions of those men that live that good life ? certainly , if religion be this principle of divine life , exerting it self by holy living , and that as such , it belongs not to the commission of our superiours , i do with submission conceive , that there is very little else of religion lest for them to have to do with ; the rest merits not the name of religion , and less doth such a formality deserve persecution : i hope such circumstances are no necessary part of english government , that can't reasonably be reputed a necessary part of religion ; and i dare believe , that he is too great a lawyer , upon second thoughts , to repute that a part of our laws , a part & a necessary part of our government , that is such a part of religion as is neither the divine principle , nor yet the actions immediately flowing from it , since the government was most compleat and prosperous many ages without it , and hath never known more perplext contests and troublesom interruptions , then since it hath been receiv'd and valu'd as a part of the english government ; and god , i hope , will forbid it in the hearts of our superiours , that english men should be deprived of their civil inheritance for their non-conformity to church-formality : for no property out of the church ; the plain english of publick severity , is a maxim that belongs not to the holy law of god , nor common law of the land. . if liberty and property must be the forfeit of conscience for non conformity to the princes religion , the prince and his religion shall only be lov'd as the next best accession to other mens estates , and the prince perpetually provoakt to expose many of his inoffensive people to beggary . . it is our superiours interest , that property be preserved , because it is their own case : none have more property then themselves ; but if property be exposed for religion , the civil magistrate exposes both his conscience and his property to the church , and disarms himself of all defence upon any alteration of judgment . this is for the prince to fall down at the prelate's f●●t , and the state to suffer it self to be rid by the church . . it obstructs all improvement of land and trade ; for who will labour that hath no propriety , or hath it exposed to an unreasonable sort of men for the bare exercise of his conscience to god , and a poor country can never make a rich and powerful prince . heaven is therefore heaven to good and wise men , because they have an eternal propriety therein . thly , this sort of procedure hitherto oppugn'd to the behalf of property , puts the whole nation upon miserable uncertainties that are follow'd with great disquiets and distractions , which certainly it is the interest of all governments to prevent : the reigns of henry . edw. . q. mary and q. eliz. both with relation to the marriages of the first , and the religious revolutions of the rest , are a plain proof in the case . king henry voids the pope's supremacy , and assumes it himself . q. mary his daughter by his first wife katharine , repeals all those acts made since the th of henry . in disfavour of the pope ; oaths taken on both sides to maintain those laws . edw. . enacts protestancy with an oath to maintain it . q. mary , c. . this is abrogated ; popery solemnly restored , and an oath inforc'd to defend it . comes q. elizabeth and repeals that law , calls back protestancy , ordains a new oath to un-oa●h q. mary's oath . and all this under the penalty of loosing estate , liberty , and sometimes life it self ; which thousands to avoid , lamentably perjur'd themselves four or five times over within the space of . years : in which sin the clergy transcended , not an hundred for every thousand but left their principles for their par●sh●s . thus hath conscience been debaucht by force , and property toss'd up & down by the impetuous blasts of ignorant zeal , or sinister design . . where liberty & property are violated , there must alwayes be a state of force : and ( though i pray god that we never need those cruel remedies , whose calamitous effects we have too lately felt ) yet certainly , self-preservation is of all things dearest to men , insomuch , that being conscious to themselves of not having done an ill thing to defend their unforfeited priviledges , they cheerfully hazard all they have in this world ; so strangely vindictive are the sons of men in maintenance of their rights : and such are the cares , fears , doubts and insecurities of that administration , as render empire a slavery , and dominion the worst sort of bondage : on the contrary , nothing can give greater cheerfulness , confidence , security and honour to any prince , then ruling by law ; for it is both a conjunction of title with power , and attracts love , as well as it requires duty . give me leave without any offence , for i have god's evidence in my own conscience , i intend nothing but a respectful caution to my superiours , to confirm this reason with the judgment and example of other times . the governours of the eleans held a strict hand over the people , they being in despair , call'd in the spartans for relief , and by their help freed all their cities from the sharp bondage of their natural lords . the state of sparta was grown powerful , and opprest the thebans , they , though but a weak people , yet whetted the despair , and the prospect of greater miseries , by the athenians deliver'd themselves from the spartan yoak . nor is there any other considerable reason given for the ruin of the carthagenian state , then avarice and severity . more of this is to be found in w. raileigh's history of the world , lib. . who hath this witty expression in the same story , l. . of a severe conduct , when a forced government , saith he , shall decay in strength , it will suffer , as did the old lion , for the oppression done in his youth , being pintcht by the wolf , goar'd by the bull , and kickt also by the ass . this lost caesar borgia , his new and great conquests in italy : no better success attended the severe hand held over the people of naples by alphonso and ferdinand . 't was the undue severity of the sicilian governours , that made the syracusans , leontines and messenians so easie a conquest to the romans . an harsh answer to a petitioning people lost rehoboam ten tribes . on the contrary , in livy , dec. l. . we find that petilia , a city of the brutians in italy , chose rather to endure all extremity of war from hannibal , then upon any condition to desert the romans , who had govern'd them moderately , and by that gentle conduct procur'd their love , even then , when the romans sent them word , they were not able to relieve them , and wisht them to provide for their own safety . n. machiavel , in his discourses upon livy , p. . tells us , that one act of humanity was of more force with the conquer'd falisci , then many violent acts of hostility ; which makes good that saying of seneca , mitius imperanti melius paretur , they are best obeyed , that govern most mildly . . and lastly , if these ancient fundamental laws so agreeable with nature , so suited to the disposition of our nation , so often defended with blood and treasure , so carefully and frequently ratified , shall not be to our great pilots , as stars or compass for them to steer the vessel of this kingdom by , or limits to their legislation , no man can tell how long he shall be secure of his coat , enjoy his house , have bread to give his children , liberty to work for bread , and life to eat it : truly , this is to justifie what we condemn in roman-catholiks . it is one of our main objections , that their church assumes a power of assuring people what is religion , thereby denying men the liberty of walking by the rules of their own reason , or precepts of holy writ . to which we oppose both : we say , the church is tyed to act nothing contrary to reason ; and that holy writ is the declar'd fundamental law of heaven , to maintain , and not to usurp upon which , power is given to the true church . now let us apply this argument to our civil affairs , and it will certainly end in a reasonable limitation of our legislators , that they should not impose that upon our understandings , which is inconsistent with them to embrace ; nor offer any the least violation upon the fundamental law of the land , from whence they derive their power , to prosper such attempts : do the romanists say , believe as the church believes ; do not the protestants , and which is harder , legislators say so too , ? do we say to the romanists , at this rate , your obedience is blind , and your ignorance is the mother of devotion ; is it not also true of our selves ? do we object to them ; this makes your religion sluid as the rivers , one thing to day , and another to morrow , any thing the church saith or doth ? doth not our own case submit us to the like variation in civils ? have we not long told them , that under pretence of obeying the church , and not controling her power , she hath raised a superstructure inconsistent with that foundation she pretends to build upon ? and are not we the men in civils , that make our grand priviledges to depend upon men , not laws , as she doth upon councils , not scripture ? if this be not popery in temporals , what is ? it is humbly beseecht of those superiours , that it would please them to consider what reflection such severity justly brings upon their proceedings ; and remember , that in their ancient delegations , it was not to define , resolve and impose matters of religion , and sacrifice civil priviledges for it ; but , to maintain the peoples properties , according to the ancient fundamental laws of the land , and to super-add such statutes only , as were consistent with , and preservative of those fundamental laws . to conclude this head ; my plain and honest drift has all along been neither more nor less then this , to show that church government is no real part of the old english government ; and to disintangle property from opinion , the untoward knot the clergy for several ages have tyed ; the which , it is not only the peoples right , but our superiours interest to undo : for it gauls both people and prince . for , where property is subjected to opinion , the church interposes , and makes something else requisite to enjoy property , then belongs to the nature of property ; and the reason of our possession is not our right by & obedience to the common law , but conformity to church-law ; a thing dangerous to civil government ; for 't is an alteration of old english tenure , a suffering the church to trip up & supplant the state , & a making people to owe their protection not to the civil , but ecclesiastical authority . : for let the church be my friend , and all is well ; make her my foc , and i am made her prey ; let magna charta say what she will for me , my horses , cows , sheep , corn , goods go first , my person to goal next ; and here 's some church trophys made at the conquest of a peaceable dissenter : this is that anxious thing ; may our superiours please to weigh it in the equal scale of doing as they would be done by . let those common laws that fix and preserve property be the rule and standard . make english men's rights as inviolable as english church rights : disintangle and distinguish them ; and let not men sustain civil punishments for ecclesiastical faults , but for sins against the ancient establisht civil government only , that the natures of acts and rewards may not be confounded ; so shall the civil magistrate preserve law , secure his civil dignity and empire , and make himself belov'd of english men , whose cry is , and the cry of whose laws has ever been , property more sacred then opinion , civil right not concerned with ecclesiastical discipline , nor forfeitable for religious non-conformity . but though an inviolable preservation of english rights of all things best secureth to our superiours the love and allegiance of the people ; yet there is something further , that with submission i offer to their serious consideration , which in the second place concerns their interest , and the peoples felicity ; and that is their discord about religion , notwithstanding their unanimous cry for property , a prudent mannagement of which may return to the great quiet , honour and profit of the kingdom . ii. our superiours governing themselves upon a ballance , as near as may be , towards the several religious interests . to perform my part in this point , i shall not at this time make it my business to manifest the inconsistency that there is between the christian religion , and a forc'd uniformity ; not only because it hath been so often and excellently done by men of wit , learning and conscience , and that i have else-where largely deliver'd my sense about it ; but because every free and impartial temper hath of a long time observ'd , that such barbarous attempts were so far from being indulg'd , that they were most severely prohibited by christ himself , who instructed his disciples , to love their enemies , not to persecute their friends for every difference in opinion ; that the tares should grow with the wheat ; that his kingdom is not of this world ; that faith is the gift of god , that the will and understanding of man are faculties not to be workt upon by corporal penalties ; that truth is all-sufficient to her own relief ; that error and anger go together ; that base coyn only stands in need of imposition to make it current , but that true metal passeth for its own intrinsick value ; with a great deal more of that nature : i shall therefore chuse to oppose my self at this time to any such severity upon meer prudence ; that such as have no religion , and certainly they that persecute for religion , have as little as need to be , may be induc'd to tolerate them that have . first , however advisable it may be in the judgment of some wise men , to prevent , even by force , the arising of any new opinions , where a kingdom is universally of another mind ; especially if it be odious to the people , and inconsistent with the interest of the government ; it cannot be so , where a kingdom is of many minds , unless some one party have the wisdom , wealth , number , sober life , industry and resolution of its side , which i am sure is not to be found in england ; so that the wind hath plainly shifted its corner , and consequently oblieges to another course ; i mean , england's circumstances are greatly changed , and they require new expedients and other sorts of applications . physicians vary their medicines according to the revolution and commixture of distempers . they that seek to tye the government to obsolete and inadequate methods ( supposing them once apt , which cruelty in this case never was ) are not friends to its interest , whatever they may be to their own . if our superiours should make it their business so to prefer one party , as to depress the rest , they insecure themselves by making them friends to be their enemies , who before were one anothers . to be sure it createth hatred between the party advanced , and those deprest ; jacob's preferring joseph , put his brethren upon that conspiracy against him . i will allow that they may have a more particular favour for the national religion ( if they can think she deserves it ) then for any other perswasion , but not more then for all other parties in england : that would break the ballance , the keeping up of which will be , to make every party to owe its tranquillity to their prudence and goodness , which will never fail of returns of love and loyalty ; for since we see each interest looks jealously upon the other , 't is reasonable to believe , they had rather the dominion should lodge where it is , while universally impartial in their judgment , then to trust it with any one sort of themselves . many inquisitive men into humane affairs , have thought , that the concord of discords hath not been the infirmest basis government can rise or stand upon : it hath been observed , that less sedition and disturbance attended hannibal's army , that consisted of many nations , then the roman legions , that were of one people ; it is marvelous , how the wisdom of that general secured them to his designs : livy saith , that his army for thirteen years , that they roaved up and down the roman empire , made up of many countries , divers languages , laws , customs , religions , under all their successes of war and peace , never mutined : malvetzy as well as livy asscribes it to that variety , well mannaged by the general . by the like prudence jovianus and theodosius magnus brought tranquillity to their empire , after much rage and blood for religion . in nature we also see , all heat consumes , all cold kills ; that three degrees of cold , to two of heat , allay the heat ; but introduce the contrary quality , and over-cool by a degree ; but two degrees of cold to two of heat , make a poyz in elements , and a ballance in nature . the like in families : it is not probable , that a master should have his work so well done , at least with that love and respect , who continually smiles upon one servant , and severely frowns upon all the rest ; on the contrary , 't is apt to raise feud amongst servants , and turn duty into revenge , at least contempt . in fine : it is to make our superiours dominion less then god made it ; and to blind their eyes , stop their ears and shut-up their breasts from beholding the miseries , hearing the cries and redressing the grievances of a vast number of people , under their charge , vext in this world for their belief and inoffensive practice about the next . secondly , it is the interest of governours to be put upon no thankless offices , that is , to blow nocoales in their own country ( especially when it is to consume their people , and it may be , themselves too ) not to be the cat 's foot , not to make work for themselves , or fill their own hands with trouble , or the kingdom with complaints : it is to forbid them the use of clemency , wherein they ought most of all to imitate god almighty , whose mercy is above all his works ; and renders them a sort of extortioners to the people , the most remote from the end and goodness of their office. in short ; it is the best receipt that their enemies can give , to make them uneasie to the country . thirdly , it not only makes them enemies , but there is no such excitement to revenge , as a rap'd conscience : he that hath been forc'd to break his peace , to gratifie the humor of another , must have a great share of mercy and self-denyal to forgive that injury , and forbid himself the pleasure of retribution upon the authors of it : for revenge , in other cases condemnable of all , is here lookt upon by too many to be the next way to their expiation . to be sure , whether the grounds of their dissent be rational in themselves , such severity is unjustifiable with them ; for this is a maxim with sufferers , whoever is in the wrong , the persecutor is never in the right . men , not conscious to themselves of evil , and harshly treated , not only resent it unkindly , but are bold to shew it . fourthly , suppose the prince , by his severity , conquers any into a compliance , he can upon no prudent ground assure himself of their fidelity , whom he hath taught to be treacherous to their own convictions . wise men rarely confide in those whom they have debaucht from trust , to serve themselves : at best it resembleth but forc'd marriages , that seldom prove happy to the parties . in short : force makes hypocrites ; 't is perswasion only that makes converts . fifthly , this partiality , of sacrificing the liberty and property of all dissenters , to the promotion of a single party , as it is the lively representation of j. calvin's horrendum decretum of predestination ; so the consequences of the one belong unto the other , it being but that ill-natured principle , practised ; men are put upon the same desperate courses , either to have no conscience at all , or to be hang'd for having a conscience not fashionable ; for , let them be virtuous , let them be vitious , if they fall not in with that mode of religion , they must be reprobated to all civil and ecclesiastical intents and purposes . strange ! that men must either deny their faith and reason , or be destroyed for acting according to them , be they otherwise never so peaceable . what power is this ? but that men are to be protected upon favour , not right or merit ; and that no merit out of the english church-dress should find acceptance , is severe . that father we justly blame , that narrows his paternal love to some one of his children , though the rest be not one jot less virtuous then the favouriter : such injustice can never flow from a soul acted by reason ; but a mind govern'd by fancy , and enslaved to passions . sixthly , consider peace , plenty and safety , the three grand inducements to any country to honour the prince , and love the government , and the best allurements to forreigners to trade with it , and transport themselves to it , are utterly lost by such intestine jars ; for instead of peace , love and good neighbourhood , behold animosity and contest ! one neighbour watcheth another , and makes him an offender for his conscience ; this divides them , their families and acquaintance : perhaps with them , the towns and villages where they live , most commonly the sufferer hath the pitty , and the persecutor the odium of the multitude ; and when people see cruelty practised upon their inoffensive neighbours by a troublesom sort of men , and those countenanced by a law , it breedeth ill blood against the government . certainly , haling people to goals , breaking open their houses , seizing of their estates , and that without all proportion , leaving wives without their husbands , and children without their fathers , their families , relations , friends and neighbours under amaze and trouble , is almost as far from the peace of a well-govern'd kingdom , as it is from the meekness of christianity . plenty will be hereby exchanged for poverty , by the destruction of many thousand families within this realm , who are greatly instrumental for the carrying on of the most substantial commerce therein , men of virtue , good contrivance , great industry , whose labours not only keep the parishes from the trouble & charge of maintaining them and theirs , but help to maintain the poor , and are great contributors to the kings revenue by their traffick : i his very severity will make more bankrupts in the kingdom of england in years then have been in it upon all other accounts in ages ; which consequence , how far it may consist with the credit & interest of the government , i leave to better judgments . this sort of great severity that hath been lately , and still is used amongst us , is like to prove a great check to that readiness , which otherwise we find in forreigners to trade with the inhabitants of this kingdom ; for if men cannot call any thing their own under a different exercise of conscience from the national way of religion , may their correspondents prudently say , we will not further concern our selves with men that stand upon such tickling terms ; what know we but such persons are ruin'd in their estates by reason of their non-conformity , before such time as we are reimburst for money paid , or goods delivered : nay , we know not how soon those who are conformists may be non-conformists , or what revolution of councils may happen , since the fundamental laws , so jealous of the peoples property , are so little set by with some of their own magistrates ; for though we are told of very worthy and excellent laws for the security of the peoples rights , yet we are also told , that they all hang at the churches ear ; and no church-conformity , no property , which is , no church-man , no english-man ; so that in effect the rights of their country depend upon the rights of their church ; and those churches are so numerous , and have taken their turns so often , that a body knows not how to mannage one's self securely to one 's own affairs in a correspondence with any of them : for in king henry the eight's dayes popery was the only orthodox religion , and luther , melanchton , oecolampadius , calvin , &c. were great hereticks : in edward the sixth's time , they were saints , and popery idolatry : a few years after q mary makes the papists holy church , and protestancy heresie : about six years complcats her time , and q. elizabeth enters her reign , in which protestants are good christians , and the church of rome the whore of babylon : in her reign , and king james ' s , and charles the first 's , sprung the puritans , who divided themselves into presbyterians and independents ; the bishops exclaimed against them for schismaticks , and they against the bishops for papistical and anti christian : in the long parliament's time the presbyterian drives out the bishop ; o. cromwel defeating them , and sending the presbyterian to keep company with the bishop , confers it mostly upon the independent and anabaptist , who kept it through the other fractions of government , till the presbyter and bishop got it from them ; and the bishop now from the presbyter ; but how long it will rest there , who knows . nor is my supposition idle or improbable , unless moderation take place of severity , and property the room of punishment of opinion ; for that must be the lasting security , as well as that it is the fundamental right of english people . there is also a further consideration , and that is , the rendering just and very good debts desperate , both at home and abroad , by giving opportunity to the debtors of dissenters to detain their dues : indeed it seems a natural consequence with all but men of mercy and integrity , what should we pay them for , may they say , that are not in a capacity to demand or receive it ; at least to compel us ? nay , they may plead a sort of kindness to their creditors , and say , we had as good keep it ; for if we pay it them , they will soon loose it ; 't is better to remain with us , then that they should be pillag'd of it by informers ; though beggary and want should in the mean time overtake the right owners and their families . nor is it unworthy of the most deliberate thoughts of our superiours , that the land already swarms with beggars , and that there is no so ready course to encrease their number , as the severe prosecution of dissenters ; so that though they immediately suffer , the kingdom in the end must be the looser : for besides a decay of trade , &c. this driving away of flocks of sheep , and herds of cattel , seizing of barns full of corn , breaking open of doors and chists , taking away the best goods those instruments of cruelty can find , sometimes all , even , to a bed , a blanket , wearing apparel , and the very tools of trade , by which people honestly labour to get their bread , till they leave men , women and children destitute of subsistence , will necessitate an extreme advance of the poors rate in every parish of england , or they must be starv'd . oh that it would please them that are in authority to put a stop to this inhuman usage , lest the vengeance of the just god break forth further against this poor land. safety , another requisite to an happy government , must needs be at an end , where the course oppugn'd is followed : and it is but some prudent forreigners proclaiming liberty of conscience within their territories , and a door is opened for a million of people to pass out of their native soil , which is not so extremely improved , that it should not want two or three hundred thousand families more then it hath , to advance it , especially at this time of day , when our forreign islands yearly take off so many necessary inhabitants from us : and as of contraries there is the same reason ; so let the government of england but give that prudent invitation to forreigners , and she maketh her self mistress of the arts and manufactures of europe : nothing else hath hindred holland from truckling under the spanish monarchy , and being ruin'd above therescore years ago , and given her that rise to wealth and glory . seaventhly , nor is this severity only injurious to the affairs of england , but the whole protestant world : for besides that it calls the sincerity of their procedings against the papists into question , it furnisheth them with this sort of unanswerable interrogatory : the protestants exclame against us for persecutors , and are they now the very men themselves ? was severity an instance of weakness in our religion , and is it become a valid argument in theirs ? are not our actions ( once void of all excuse with them ) now defended by their own practice ? but if men must be restrained upon prudential considerations from the exercise of their consciences in england , why not the same in france and germany , where matters of state may equally be pleaded ? certainly whatever shifts protestants may use to palliate these procedings , they are thus far condemnable upon the foot of prudence . eightly , such procedure is a great reflection upon the justice of the government , in that it enacts penalties inadequate to the fault committed , viz. that i should loose my liberty and property , natural endowments , and confirmed civil priviledges , for some error in judgment about matters of religion ; as if i must not be a man , because i am not such a sort of religious man as the government would have me , but must loose my claim to all natural benefits , though i harmonize with them in civil affairs , because i fall not in with the judgment of the government in some points of a supernatural import ; though no real part of the ancient government . perhaps instead of going to the left hand , i go to the right : and whereas i am commanded to hear a. b. i rather chuse to hear c. d. my reason for it , being the more religious influence the latter hath over me , then the former ; and that i find by experience , i am better affected , and more religiously edified to good living . what blemish is this to the government ? what insecurity to the civil magistrate ? why-may not this man sell , buy , plow , pay his rent , be as good a subject , and as true an english-man , as any conformist in the kingdom ? howbeit , fines and goals are very ill arguments to convince sober mens understandings , and disswade them from the continuance of so harmless a practice . lastly , but there is yet another inconveniency that will attend this sort of severity , that so naturally follows upon our superiors making conformity to the doctrine and worship of the church of england , the sine qua non , or inlet to all property , and ground of claim to all english civil priviledges , to wit , that they make a rod , for ought they know , to whip their own posterity with ; since it is impossible for them to secure their children to the english church ; and if it happen that any of them are never so conscientiously of another perswasion , they are lyable to all the miseries that may attend the execution of those laws : such a king must not be king ; such lords and commons must not sit in parliament ; nay , they must not administer any office , be it never so inferiour , within the realm , and they never so virtuous and capable ; their very patrimony becomes a prey to a pack of lewd informers , and their persons exposed to the abuse of men , poor or malicious . but there are three objections that some make against what i have urged , not unfit to be consider'd . the first is this : if the liberty desired be granted , what know we but dissenters may employ their meetings to insinuate against the government , inslame people into a dislike of their superiours , and thereby prepare them for mischief . answ . this objection may have some force , so long as our superiours continue severity ; because it doth not only sharpen and excite dissenters , but it runs many of them into such holes and corners , that if they were disposed to any such conspiracies , they have the securest places and opportunities to effect their design . but what dissenter can be so destitute of reason and love to common safety , as to expose himself and family , by plotting against a government that is kind to him , and gives him the liberty he desires , and could only be supposed in common sense to plot for . to be sure , liberty to worship god , according to their several professions , will be , as the peoples satisfaction , so the governments greatest security ; for if men enjoy their property and their conscience , which is the noblest part of it , without molestation , what should they object against and plot for ? mad men only burn their own houses , kill their own children , & murder themselves . doth kindness or cruelty most take with men that are but themselves ? h. grotius with campanella , well observ'd , that a fierce and rugged hand was very improper for northern countries . english men are gain'd with mildness , but inflamed by severity : and many that do not suffer , are as apt to compassionate them that do . and if it will please our superiours to make tryal of such an indulgence , doubtless they will find peace and plenty to ensue . the practice of other nations , and the trade , tranquillity , power and opulency that have attended it , is a demonstration in the case , and ought not to be slighted by them that aim at as high and honourable things for their country : and if we had no other instance then our own intervals of connivance , they were enough to satisfie reasonable men , how much more moderation contributes to publick good , then the prosecution of people for their religious dissent ; since the one hath ever produced trade and tranquillity ; the other , greater poverty and dissension . the second objection , and by far the more weighty , runs thus : obj. the king and parliament are sworn to maintain and protect the church of england , as establisht , &c. therefore to tolerate other opinions , is against their oath . answ . were the consequence true , as it is extreamly false , it were highly unreasonable to expect impossibilities at their hands . kings and parliaments can no more make brick without straw , then captives : they have not sworn to do things beyond their ability . had it been in his and their time and choice , when the church of england had been first disturbed with dissenting opinions , it might have reflected more colourably a kind of neglect upon them : but since the church of england was no sooner a church , then she found some sort of dissenters ; and that the utmost policy and severity of q. elizabeth , king james , and king charles the st , were not successful towards an absolute uniformity ; why should it reflect upon them , that the church of england hath not yet rid her self of dissenting parties ? besides , it is notorious , that the late wars gave that opportunity to differing perswasions to spread , that it was utterly impossible for them to hinder , much less during the several years of the king's exile , at what time the present parliament was no parliament , nor the generality of the members of it scarce of any authority . let it be considered , that 't was the study of the age to make people anti-papistical and anti-episcopal , and that power and preferment went on that side : their circumstances therefore and their ancestors are not the same ; they find the kingdom divided into several interests , and it seems a difficulty insurmountable to reduce them to any one perswasion ; wherefore to render themselves masters of their affections , they must necessarily govern themselves towards them on a ballance , as before exprest ; otherwise , they are put upon the greatest hazards , and extreamest difficulties to themselves and the kingdom , and all to perform the uncharitable office of suppressing many thousands of inoffensive inhabitants for the different exercise of their conscience to god : this is not to make them resemble almighty god , the goodness of whose nature extends it self universally , thus to narrow his bowels , and confine his clemency to one single party of men : it ought to be remembred , that optimus went before maximus of old , and that power without goodness is a frightful sort of a thing . but secondly , i deny the consequence , viz. that the king is therefore oblieged to persecute dissenters , because he or the parliament hath taken an oath to maintain the church of england : for it cannot be supposed or intended , that by maintaining her , they are to destroy the rest of the inhabitants : is it impossible to protect her without knocking all the rest on the head ? do they allow any to supplant her officers , invade her livings , possess her emoluments , exercise her authority ? what would she have ? is she not church of england still , in the same regency , invested with the same power , bearing the same character ? what grandeur or interest hath she lost by them ? are they not manifestly her protector ? is she not national church still ? and are not the greatest offices , civil , military and maritin conferr'd upon her sons ? and can any of her children be so insensible as either to challenge her superiours with want of integrity , because they had not performed impossibilities ? or to excite them to that harshness , which is not only destructive of many thousands of inhabitants , but altogether injurious to their own interest , and dishonourable to a protestant church ? suppose dissenters not to be of the visible church , are they therefore unfit to live ? did the jews treat strangers so severely that had so much more to say then her self ? is not the king lord of wastes and commons as well as inclosures ? suppose god hath elected some to salvation , doth it therefore follow he hath reprobated all the rest ? and because he was god of the jews , was he not therefore god of the gentiles ? or were not the gentiles his people , because the jews were his peculiar people ? to be brief ; they have answer'd their obligation , consented to severe laws , and commanded their execution , in that they have still preferr'd her above every interest in england , to render her more powerful and universal , till they have good reason to be tired with the lamentable consequences of those endeavours , and to conclude , that the uniformity thereby intended , is a thing impracticable . and i wonder that these men should so easily forget that great saying of king charles the st ( whom they pretended so often and with so much honour to remember ) in his advice to the present king : where he saith , beware , of exasperating any factions , by the crossness and asperity of some mens passions , humours , or private opinions , imployed by you , grounded only upon their differences in lesser matters , which are but the skirts and suburbs of religion , wherein a charitable connivance and christain toleration often dissipates their strength , whom rougher opposition fortifieth , and puts the despised and oppressed party into such combinations as may most enable them to get a full revenge upon those they count their persecutors ; who are commonly assisted with that vulgar commiseration , which attends all that are said to suffer under the common notion of religion . so that we have not only the king's circumstances , but his father's counsel , who saw not the end of one half of them defending a charitable connivance , and christian toleration of dissenters . obj. . but it may be further alledged , this makes way for popery or presbytery to undermine the church of england , and mount the chair of power and preferment , which is more then a prudential indulgence of different opinions . and yet there is not any so probable an expedient to vanish those fears , and prevent any such design , as keeping all interests upon the ballance ; for so the protestant makes at least six parties against popery , and the church of england at least five against presbytery ; and how either of them should be able to turn the scale against five or six , as free and thriving interests as either of them can pretend to be , i confess i cannot understand : but if one only interest must be tolerated , which implies a resolution to suppress the rest , plain it is , that the church of england ventures her single party against six growing interest , and thereby gives preshytery and popery by far an easier access to supremacy , especially the latter , for that it is the religion of those parts of europ , which neither want inclination , nor ability to prosper it . so that besides the consistency of such an indulgence with the nature of a christian-church , there can be nothing more in prudence advisable for the church of england , then to allow of the ballance propounded ; in that first , no person of any real worth will ever the sooner decline her ; on the contrary , it will give her a greater reputation in a country so hating severity : and next , it gives her opportunity to turn the scale against any one party that may aspire after her power and indowments : and she never need to fear the agreement of all of them to any such design , episcopacy not being more intolerable then presbytery in power , even to an independency it self ; and yet between them lies the narrowest difference that is among the dissenting interests in this kingdom . but this seems too large , and yielding ; and therefore to find a medium , something that may compass the happy end of good correspondence & tranquillity , at least so to fortifie the church of england , as that she may securely give law to all other religious interests , a comprehension is pitcht upon , and diligently pursued by both episcopalians and presbyterians , at least some of each party . but if it becomes wise men to look before they leap , it will not be unadvisable for them to weigh the consequences of such an endeavour : for , in the first place , there is no one people i know in england , that stands at a greater distance from her doctrine as it is maintain'd by her present sons , then the presbyterians , particularly about absolute reprobation , the person of christ , satisfaction and justification ; and he must be a stranger in the religious contests of our times that knows not this . in the next place , none have govern'd themselves with a plainer denial and more peremptory contempt of episcopacy , and the whole discipline and worship of the church of england , then the presbyterians have ever done ; let them put me to prove it , if they please , even of their most reverend fathers . dly , who knows not that their reciprocal heats about these very things , went a great way towards our late lamentable troubles ? now if the same principles remain with each party , and that they are so far from repenting of their tenaciousness , that on the contrary they justifie their opposition to one another in these matters , how can either party have faith enough to rely upon each other's kindness , or so much as attempt a comprehension ? what must become of the labours of bp. witgift , r. hooker , bp. banckroft , bp. lawd , &c. in rebuke of the presbyterian separation ; and the names of those leading dissenters , as cartwright , dode , bradshow , rutterford , galaspee , &c. so famous among the present presbyterians , and that for their opposition to the church ? this consider'd , what reason can any render , why the episcopalians should so singularly provide for , and confide in an interest that hath already been so destructive to theirs ? on the other hand , with what prudence may the presbyterians imbrace the others offer that intended it not in kindness to them , and who they must needs think , cannot but ow revenge , and retain deep grudges for old stories ? but thly , the very reason given for a comprehension is the greatest that can be urged against it ; namely , the suppression of other dissenting perswasions . i will suppose a comprehension and the consequences of it , to be an eradication of all interests ; the thing desired : but if the two remaining parties shall fall out , as it is not likely that they will long agree , what can the presbyterian have to ballance himself against the ruling power of episcopacy ? or the episcopalian to secure himself against the aspirings of presbytery ? they must either all become episcopalians , or presbyterians , else they will commix as iron and clay , which made ill leggs for the image in daniel ; nor , is it to be thought , that their leggs should stand any better . but some are ready to say , that their difference is very minute . grant it ; are they ever the more tolerable for that ? certainly , forbearance should carry some proportion with the greatness of the difference , by how much it is easier to comply in smaler matters : he that dissents fundamentally , is more excusable then those that sacrifice the peace and concord of a society about little circumstances ; for there cannot be the same inducement to suspect men of obstinacy in an essential as circumstantial non - conformity . besides , how far can this accommodation extend with security to the church of england ? or , on what better terms will the presbyterians conform to her discipline and formal acts of devotion , then those upon which peter du moulin offer'd to preach the gospel at rome ? viz. that if the pope would give him leave to preach at rome , he would be contented to preach in a fool 's coat . i question if the presbyterian can go so far , i am sure he could not ; and as sure , that peter du moulin hop't by preaching there in a fool 's coat , to inculcate that doctrine which should un-mitre the pope , and alter his church , the very thing the church of england ought to fear : for peter du moulin intended to preach in a fool 's coat no longer , but till he had preacht the people wise enough to throw it off again . so the presbyterians , they may conform to certain ceremonies ( once as sinful to them , as a fool 's coat could be ridiculous to peter du moulin ) that they may the better introduce their alterations both in doctrine and discipline . but that which ought to go a great way with our superiours in their judgment of this matter , is not only the benefit of a ballance against the presumtion of any one party , and the probability , if not certainty of their never being overdriven by any one perswasion whilst they have others to more then poiz against the growing power of it ; but the conceit it self , if not altogether impracticable , is at least very difficult to the promotors , and an office as thankless from the parties concern'd . this appears in the endeavours used for a comprehension of arrians and homousians under one orthodoxy , related not only in our common ecclefiastical history , but more amply in the writings of hilary , an enemy to the arrians , and mariana's spanish history . these publick tests , or comprehensive creeds were many , nice , ariminum , sirminium , &c. in order to agree both parties , that neither might stigmatize the other with the odious crime of heresie ; but the consequence of all this convocation and prolix debate was , that neither party could be satisfied , each continuing their former sentiments , and so grew up into stronger fractions , to the division , distraction , and almost destruction of the whole empire ; recover'd a little by the prudent moderation of jovianus , and much improved , not by a comprehension , but restauration of a seasonable liberty of conscience by theodosius magnus . also in germany about the time of the reformation , nothing seemed more sincere then the design of union between the lutherans and zuinglians : for luther and zuinglius themselves by the earnest endeavours of the landgrave of hessen ; came together ; but the success was so small , notwithstanding the grave's mediation , that they parted scarcely civil ; to be sure , as far from unity as controversie is . luther & cardinal cajeten met for a composure of the breach betwixt the protestants and the pope ; but they were too wide for those conferences to reconcile , no comprehension could do the business . a second essay to the same purpose was by melanchton , cassander & others ; the consequence of it was , that the parties were displeased , and the heads suspected , if not hated of their followers : nor had bucer's meeting with julius pflugg any better success . and how fruitless their contrivances have been , that with greatest art and industry have of a long time endeavoured a reconciliation of lutherans and calvinists , is well known to those that are acquainted with the affairs of germany ; and such as are not , may furnish themselves from those publick relations given by those that are employed about that accommodation ; where besides a dull and heavy progress , the reader may be a witness of their complaint , not only that both parties are too tenacious , but that they suffer detraction for their good endeavours , each side grudging every tittle they yield , and murmuring as if they were too hardly born upon . and if persons so disinterested , and worthy in their attempts have had no better issue , i cannot see how those who seem compell'd by worldly interest more then conscience to seek and propagate a comprehension , especially , when it determins in the persecution of the rejected perswasions , can with any reason expect from god or good men any better success to their design . lastly , there is nothing any man toucht with justice and mercy , can alledge for a comprehension , that may not be much better urg'd to procure a toleration ; they are men as well as those of other perswasions , their faith is as christian , they believe as sincerely , live as conscientiously , are as useful in the kingdom , and mannage their dissent with as much modesty & prudence , the church of england her self being in a great measure judge , as those on whose account a comprehension may be intended : to be sure they are english men , and have an equal claim to the civil rights of their native country , with any that live in it , whom to persecute , whilest others , and those no better men , are tolerated , is , as i have already said , the unreasonable and unmerciful doctrine of absolute election and reprobation put in practice . iii. a sincere promotion of general & practical religion . i am now come to the last , which to be sure , is not the least part of my answer to the question propounded , viz. the sincere promotion of general and practical religion , by which i mean the ten commandments , or moral law , and christ's sermon upon the mount , with other heavenly sayings , excellently improved , and earnestly recommended by several passages in the writings of his disciples , which forbid evil , not only in deed , but thought ; and injoyn purity & holiness , as without which no man , be his pretences what they will , shall ever see god. in short , general , true and requisite religion in the apostle james's definition is , to visit the widow and the fatherless , and to keep our selves , through the universal grace , unspotted of the world : this is , as the most sacred , so the most easie & probable way to fetch in all men professing god & religion ; for that every perswasion acknowledges this in words , be their lives never so incongruous with their confession ; and this being the unum necessarium , that one thing only requisite to make men happy here and hereafter , why should men sacrifice their accord in this great point for an unity in minute or circumstantial things , that perhaps inobtainable , and if it were not , would signifie little or nothing , either to the good of human society , or the particular comfort of any individual in that world which is to come ? no one thing is more senseless and condemnable among men , then their uncharitable & mutinous clamours and contests about religion , indeed about words & phrases , whilst they all verbany meet in the most , if not only necessary part of christian religion : for nothing is more certain , then if men would but live up to one half of what they know in their own consciences they ought to practise , their edge would be taken off , their blood would be sweetned by mercy and truth , and this unnatural sharpness qualified ; they would quickly find work enough at home ; each man's hands would be full by the unruliness of his own passions , and in subjection of his own will ; and instead of devouring one another's good name , liberty , or estate , compassion would rise , and mutual desires to be assistent to one another in a better sort of living . oh how decent , how delightful would it be , to see mankind ( the creation of one god , that hath upheld them to this day ) of one accord , at least in the weighty things of god's practical law ! 't is want of practice , and too much prate , that hath made way for all the incharity and ill living that is in the world. no matter what men say , if the devil keep the house : let the grace of god , the principle of divine life ( as a great man lately call'd it in his speech ) but be heartily and reverently entertained of men , that teaches to deny ungodliness , and converse soberly , righteously and godlily in this present evil world ; and it is not to be doubted but tranquillity , and a very amicable correspondence will follow . men are not to be reputed good by their opinion ; nor is that , nor ought it to be offensive to the government ; but practice is what must save or damn , temporally or eternally . christ in his representation of the great day , doth not tell us that it shall be well said , or well talkt , but well done good and faithful servant : neither is the depart from me you , directed to any but the workers of iniquiry . error now is brought from the signification of an evil life to an unsound proposition , as philosophy is from mortification , and well living to an unintelligible way of wrangling . and a man is more bitterly harrac'd for an erroneous proposition , though the party holding it thinks not so , and the party charging it denies all infallible judgment in this world ( so that it may as well be true as false for all him ) then for the most dissolute life . and truly it is high time , that men should give better testimony of their christianity ; for cruelty hath no share in christ's religion , and coertion upon conscience is utterly inconsistent with the very nature of his kingdom : he rebuked that zeal , which would have fire from heaven to devour dissenters , though it came from his own disciples ; and forbad them to pluck up the tares , though none had a more gentle or infallible hand to do it by : he preferr'd mercy before sacrifice , and therefore we may well believe , that the unmerciful sacrifices some men now offer , i mean , imprisoning persons , spoiling of goods , and leaving whole families destitute of common subsistence , are far from being grateful to him , who therefore came into the world , and preacht that heavenly doctrine of forbearing , and loving of enemies , and laid down his most innocent life for us , whilst we were rebels , that by such peaceable precepts and so patient an example the world might be prevailed upon to leave those barbarous courses : and doubtless , very lamentable will their condition be , who at the coming of the great lord shall be found beaters of their fellow servants . in vain do men go to church , pray , preach , and style themselves believers , christians , children of god , &c. whilst such acts of severity are practised , and any disposition to molest harmless neighbours for their conscience , so much as countenanc'd . a course quite repugnant to christ's doctrine and example in short ; the promoting of this general religion by a severe reprehension and punishment of vice , and encouragement of virtue , is the interest of our superiours several wayes . . in that it meets with , and takes in all the religious perswasions of the kingdom ; penal laws for religion is a church with a sting in her tail ; take that out , and there is no fear of the peoples love and duty : and what better obligation or security can the civil magistrate desire ? every man owns the text ; 't is the comment that 's disputed : let it but please him to make the text only sacred and necessary , and so leave men to keep company with their own meanings and consequences , and he not only prudently takes in all , but suppresseth nice searches , fixes unity upon materials , quiets present differences about things of lesser moment , retrives humanity and christian clemency , and fills the kingdom with love and respect to their governours . . next , a promotion of general religion , it being in it self practical , brings back again ancient virtue : good living will thrive in this soil ; men will grow honest , trusty and temperate ; we may expect good neighbourhood and cordial friendship ; one may depend more upon a word then now upon an oath . how lamentable is it to see people afraid of one onother ; men made and provided for of one god , and that must be judged by that one eternal god , yet full of diffidence in what each other sayes , and most commonly interpret as people read hebrew , all things that are spoaken backward . . the third benefit is , that men will be more industrious ; more diligent in their lawful callings , which will encrease our manufacture , set the idle and poor to work for their livelyhood , and enable the several countries with more ease and decency to maintain the aged and impotent among them . nor will this only make the lazy conscientiously industrious , but the industrious and conscientious man chearful at his labour , when he is assured to keep what he works for , and that the sweat of his brows shall not be made a forfeit for his conscience . . it will render the magistrates province more facil , and government a safe as well as easie thing ; for as tacitus sayes of agricola's instructing the brittains in arts and sciences , and using them with more humanity then other governours had done , that it made them fitter for government : so if that practical religion , and the laws made to maintain it , were duely regarded , the very natures of men now wild and froward by cross and jealous interests , would learn moderation , and see it to be by far their greatest interest to pursue sober and amicable conversation , which would rid the magistrate of much of his present trouble : and the truth is , 't is a piece of slavery to have the regiment of ignorants and ruffains ; but there is true glory and royalty in having the government of men instructed in the justice and prudence of their own laws and country . lastly , heaven will prosper so natural , so noble , and so christian an essay , which ought not to be the least consideration with a good magistrate ; and the rather , because the neglect of this practical religion hath been the ruin of kingdoms and common wealths among heathens , jews and christians . this laid tarquin low , and his race never rose more . how puissant was lacedaemon and athens in greece , till luxury had eaten out their severity , and a pomp●…●…ing , contrary to their excellent laws , render'd their execution intolerable ? and was not hannibal's army a prey to their own idleness and pleasure , which by esseminating their natures conquer'd them , when the whole power of rome could not do it ? what else betray'd rome to caesar's ambition ; and madeway for the after rents and divisions of the empire ? the conquest and inheritance of a well govern'd people for several ages , as long as their manners lasted . the jews in like manner were prosperous while they keept the statutes and judgments of their god ; but when they became rebellious and dissolute , the almighty either visited them from heaven , or exposed them to the fury of their neighbours . nothing else sent zedekiah to babylon , and gave him and the people a prey to nebuchadnezar and his army . neglect of laws and dissolute living , andrew horn ( that lived in the time of edw. the ●st . as before cited ) tells us , was the cause of their miserable thraldom and desolation the brittains sustained by invaders and conquerers . and pray , what else hath been the english of our sweeping pestilence and dreadful fires of late years ? hundreds of examples might be brought in this case ; but their frequency shall excuse me . thus have i honestly and plainly clear'd my conscience for my country , and answer'd , i hope , modestly , and though briefly , yet fully the import of the question propounded , with honour to the magistrate , and safety to the people by an happy conjunction of their interests . i shall co●●lude , that as greater honour and wisdom cannot well be attributed to any sort of men , then for our superiours , under their circumstances , to be sought to by all perswasions , consided in by all perswasions , and obey'd by all peswasions ; and to make those perswasions know , that it is their interest so to do , as well as that it is the interest of our superiours , they should , which the expedients proposed naturally tend to ; so , for a further inducement to embrace them , let it be constantly remembred , that the interest of our english governours is like to stand longer upon the leggs of the english people , then of the english church ; since the one takes in the strength of all interests , the other leaves out all but her own ; and it may happen that the english church may fail , or go travail again , but it is not probable that english people should do either , while property is preserved , a ballance kept , general religion propagated , and the world continues . may all this prevail with our superiours to make the best use of their little time , remembring in the midst of all their power and grandeur that they carry mortality about them , and are equally liable to the scrutiny and judgment of the last day with the poorest peasant , and that they have a great stewardship to account for ; that moderation and virtue being their course , they for the future shall steer , after having faithfully discharg'd that grand trust reposed in them by god and this free-people , they may with comfort to their souls , and honour to their names and actions , safely anchor in the haven of eternal blessedness : so prayes with much sincerity , an english-christian-man , william penn. a corollary . that the people are under a great dissatisfaction . that the way to quiet differences , and render contrary interests subservient to the interest of the government , is , first , to maintain inviolably the rights of it , viz. liberty and property , legislation and juries , without neglect . that slighting and infringing them hath been the injury of prince and people , and early or late the ruin of the contrivers of so ill designs ; and when all has been done , the only expedient has been , to come back again to english law : this takes in all , pleases all , because it secures and profits all ; sacrificing priviledges for the sake of conformity , makes a breach upon the civil government , alienates the peoples affections from their prince , lodges property in the church , so as none can come at it , but through obedience to her rites ; for she at this rate has the keeping of it , a thing unknown , as well as unsafe to the ancient english government . dly , that the prince govern himself upon a ballance towards all religious interests ; that this best poizes parties to his security , renders him master of an universal affection , and makes him truly and safely prince of all his country ; but the contrary course narrows his justice and mercy , makes the government to shine but upon one patch of the kingdom ; to be just but to one party , and disinherit the rest from their birth-right ; that this course ends in great disadvantage to the peace , plenty and safety of prince and people . dly , and lastly , instead of being uncharitable , severe and cruel for modifications , let them sleep , and general and practical religion be promoted , that which receives an amen in every man's conscience , from the principle of divine life ( as the lord keeper well call'd it , in every breast : that all agree in the most weighty doctrines ; and that nothing will sooner sweeten mens blood , and mollifie their natures , then employing that time and pains they bestow on fruitless contests , in living up to what they both know , believe and accord in ; that this leaves men to keep company with their own comments , and makes the text only sacred , and holy living necessary , not only to heavenly , but earthly places , i mean , preferments , whence virtue becomes the door to favour , and conscience ( now smothered in the crowd of sinister interests ) the noble rule of living . god almighty , if it please him , beget noble resolutions in the hearts of our superiours to use these plain & safe expedients , that charity may supplant cruelty , contest yield to good life , and present distances meet in a just and kind neighbourhood . great and honourable is that prince , free and happy that people , where these things take place . w. p. errata . page . l. . read and may . p. . r. rege . marg. r. plut. f. . r. . f. . r. . p. . l. r. above . l. . r. . marg. r. . p. . p. . l. . f gain'd . r restor'd . p. . l. . r. never so . p. . l. . r. there . p. . l. r. rites . pag . l. . r. sirmium . l. . r. factions . p. . l. . r. perhaps is . p. . l. . r. of the. notes, typically marginal, from the original text notes for div a -e caesar . com. tacit. in vit . agric. dion . l. . beda . m. west . an . . l. . c. hist . germ. concil . brit. p. . ll. in● lam. miror . c. . §. . miror . just . c. . §. . §. . c. . §. . hoven . eadmur . histor . l. . p. . m. paris , in vit . gulielm . spicileg . chro. leichf . ll. gulielm . c. . ll. gulielm . cap. , . gloss . . camb. brit. norf. ll. edw. ll. alfr. c. . & . ll. gulielm , c. , , ll. henr. . cap. . caes . comm. l , . dion . in vit . sever. tacit. in vit . agric. c. . tacit. hist . germ. plat. in vit . sol. & lyr. concil . brit. . ll. sax lam. cant ab . f. . ibid. f. . ll. ed. lam. cant. f. . ll. sax. lam p. . concil . brit. . ingulph . spelm. gloss . tit. gemote , f. . ll. gulielm . c. . ll. guliel . c. . spicileg . w. malmbs , hist . p. . cart. moder . foeder . magn . sigil . ann . . joh. ex vet . reg in arch. cantuar. archiepiscop . rot. cart. ann . . joh. memb. n. . rot. par. . edw. i. n. . rot. par. . ed. . n. ; ll. sax. lam ann . . ll. etheld c. . lamb. ll. inae . ll. canut . spicil . . s●igand . th . hen. . ch. . ch. . cook , proaem . instit . part . . . hen. . stat. marleb . cook on c. . of . e. . inst . . p. . . ed. . c. ● . . ed. . c. . . r. c. . rot. parl. . ed. . c. . cook , . inst . . stamf. pl. cor . p. . ●● . sax. lam. concil . brit. . ingulph . rot. parl. . ed . n. . cook , . inst . fol. . n. . praeambl . . henr. . . ed. . c. . . ed. . c. . rot. parl. . edw. . n. , . cook , . inst . f. . cook , . inst . f. . . edw. . c. . edw. . c. . . edw. . c. . his majesties reasons for with-drawing himself from rochester writ with his own hand and ordered by him to be published. james ii, king of england, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing j estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) his majesties reasons for with-drawing himself from rochester writ with his own hand and ordered by him to be published. james ii, king of england, - . england and wales. sovereign ( - : james ii) broadside. s.n.], [rochester (kent, england) : . dated: rochester, december . imprint suggested by wing. reproduction of original in the huntington library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng great britain -- history -- revolution of . great britain -- politics and government -- - broadsides -- england -- london -- th century. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - pip willcox sampled and proofread - spi global rekeyed and resubmitted - megan marion sampled and proofread - megan marion text and markup reviewed and edited - pfs batch review (qc) and xml conversion his majesties reasons for with-drawing himself from rochester . writ with his own hand , and ordered by him to be published . the world cannot wonder at my with-drawing my self now this second time . i might have expected somewhat better usage after what i writ to the p. of orange by my lord feversham , and the instructions i gave him ; but instead of an answer , such as i might have hoped for , what was i to expect after the usage i received by the making the said earl a prisoner , against the practice and law of nations ; the sending his own guards at eleven at night to take possession of the posts at whitehall , without advertising me in the least manner of it ; the sending to me at one a clock , after midnight , when i was in bed , a kind of an order by three lords , to be gone out of mine own palace , before twelve that same morning ? after all this , how could i hope to be safe , so long as i was in the power of one , who had not only done this to me , and invaded my kingdoms without any just occasion given him for it , but that did by his first declaration lay the greatest aspersion upon me that malice could invent , in that clause of it which concerns my son. i appeal to all that know me , nay , even to himself , that in their consciences , neither he nor they can believe me in the least capable of so unnatural a villany , nor of so little common sense , to be imposed on in a thing of such a nature as that . what had i then to expect from one who by all arts hath taken such pains to make me appear as black as hell to my own people , as well as to all the world besides ? what effect that had at home all mankind have seen , by so general a defection in my army , as well as in the nation , amongst all sorts of people . i was born free , and desire to continue so ; and tho i have ventured my life very frankly , on several occasions , for the good and honour of my countrey , and am as free to do it again ( and which i hope i shall yet do , as old as i am , to redeem it from the slavery it is like to fall under ) yet i think it not convenient to expose my self to be secured , as not to be at liberty to effect it ; and for that , reason do with-draw , but so as to be within call whensoever the nations eyes shall be opened , so as to see how they have been abused and imposed upon by the specious pretences of religion and property . i hope it will please god to touch their hearts , out of his infinite mercy , and to make them sensible of the ill condition they are in , and bring them to such a temper , that a legal parliament may be called ; and that amongst other things which may be necessary to be done , they will agree to liberty of conscience for all protestant dissenters , and that those of of my own perswasion may be so far considered , and have such a share of it , as they may live peaceably and quietly , as englishmen and christians ought to do , and not to be obliged to transplant themselves , which would be very grievous , especially to such as love their own countrey ; and i appeal to all men , who are considering men , and have had experience , whether any thing can make this nation so great and flourishing as liberty of conscience . some of our neighbours dread it . i could add much more to confirm all i have said , but now is not the proper time . rochester , december . an ordinance of the lords and commons assembled in parliament, for compositions for wardships in the court of wards and liveries, and for signing of bills, and passing of them under the great seal england and wales. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing e ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) an ordinance of the lords and commons assembled in parliament, for compositions for wardships in the court of wards and liveries, and for signing of bills, and passing of them under the great seal england and wales. broadside. s.n., [london? : ] at head of title: die sabbathi, i. novembr. . signed: io: brown, cleric. parliamentorum, h: elsynge, cler. parl. d. com. reproduction of the original in the bodleian library. eng england and wales. -- court of wards and liveries. great britain -- politics and government -- - . a r (wing e ). civilwar no an ordinance of the lords and commons assembled in parliament, for compositions for wardships in the court of wards and liveries, and for si england and wales a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - john pas sampled and proofread - john pas text and markup reviewed and edited - pfs batch review (qc) and xml conversion die sabbathi , . novembr . . an ordinance of the lords and commons assembled in parliament , for compositions for vvardships in the court of vvards and liveries , and for signing of bills , and passing of them under the great seal . vvhereas divers compositions have been heretofore made by sundry persons , with the master and councell of his majesties court of wards and liveries at westminster , for the wardships of the bodies of divers of his majesties wards , upon some of which compositions , considerable sums of money have been already paid , and others are to be paid ; but in regard the grants of the said wardships are to passe under the great seal , by bill signed by his majesty , which in these times of distraction cannot be obtained ; by means whereof , the said persons who have already so compounded and paid their said moneys , are without the fruit of their said compositions , and also aswell those which have compounded and have not yet paid , as others which are prepared to compound for severall wardships , are for the reasons aforesaid , discouraged to make their severall compositions and payments with the said master and councell : the lords and commons assembled in parliament , do therefore hereby ordain and declare , that all and every such bill or bills as hereafter shall be signed by the master and clerk of the said court of wards and liveries for the time being , notwithstanding their not being signed by his majesty , shall be passed under the great seal in form usuall . and the commissioners of the said great seal for the time being , are hereby required and authorised to passe letters patents in form usuall from time to time under the said great seal unto the severall committees , or grantees of the mariages of the said respective wards , according to the tenour and effect of the said bills so signed as aforesaid : and this ordinance shall be their sufficient warrant in that behalf ; which letters patents so passed , shall be effectuall in law , according to the tenour thereof , the not signing thereof by his majesty notwithstanding . and it is also ordained by the lords and commons aforesaid , that the master and councell of the said court , shall proceed in all things belonging to the iurisdiction of that court according to law . io: brown , cleric . parliamentorum . h : elsynge , cler. parl. d. com. the speeches of sr. edward deering in the commons house of parliament dering, edward, sir, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing d ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing d estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : , : ) the speeches of sr. edward deering in the commons house of parliament dering, edward, sir, - . [ ], p. s.n.], [london : printed in the yeare, . place of publication suggested by wing. this item appears at reel : identified as wing d , and at reel : incorrectly identified as wing d . reproduction of originals in the huntington library and the university of illinois (urbana-champaign campus). library. eng church of england -- government. great britain -- politics and government -- - . a r (wing d ). civilwar no the speeches of sr. edvvard deering in the commons house of parliament. . dering, edward, sir b the rate of defects per , words puts this text in the b category of texts with fewer than defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion the speeches of sr. edward deering in the commons house of parliament . . printed in the yeare , . sir edward deerings first speech in the commons house of parliament . novem. . . mr. speaker , yesterday the affaires of this house did borrow all the time allotted to the great committee of religion . i am sorry , that having but halfe a day in a whole weeke , we have lost that . mr. speaker , the sufferances that we have undergone , are reduceable to two heads : the first concernes the church . the second belongs to the common-wealth . the first of these must have the first fruits of this parliament , as being the first in weight and worth , and more immediate to the honour of god , and his glory , every dram whereof is worth the whole weight of a kingdome . the common-wealth ( 't is true ) is full of apparent dangers ; the sword is come home unto us , and the two twind nations united to each other under one royall head , breathing together in the bowells and bosome of the same island ; & which is above all , imbounded together with the same religion ( i say the same religion ) by a devilish machination , like to be fatally imbrued in each others blood ; ready to digge each others grave , quantillum abfuit ! for other grievances also , the poore disheartned subject sadly groanes , not able to distinguish between power and law , and with a weeping heart ( no question ) hath prayed for this houre , in hope to be relieved , and to know herafter whether any thing he hath , besides his poor part and portion of the common ayre he breathes in , may be truly cal'd his own . this ( mr. speaker ) and many other , do deserve , and must shortly have our deep regard , but suo gradu , not in the first place . there is a unum necessarium , above all our worldly sufferings and dangers ; religion , the most immediate service due unto the honour of almighty god : and herein let us all be confident , that all our consultations will prove unprosperous , if we put any determination before that of religion . for my part , let the sword reach from the north to the south , and a generall perdition of all our remaining rights and safety threatning us in open view , it shall be so farre from making me to decline the first settling of religion , that i shall ever argue , and rather conclude it thus , that the more great , the more eminent our perills of this world are , the stronger , the quicker ought our care to be for the glory of god , and the pure law of our soules . if then mr. speaker , it may passe with full allowance , that all our cares may give way to the treaty of religion , i will reduce that also to be considered under two heads : first of ecclesiasticall persons . secondly , of ecclesiasticall causes . let no man start , or be affrighted at the imagin'd length of this consultation : it will not , it cannot take up so much time as it is worth . this is god and the king ; this is god and the kingdomes ; nay , this is god and the two kingdomes cause : and therfore mr. speaker , my humble motion is , that we may all of us seriously , speedily , and heartily enter upon this the best , the greatest , the most important cause we can treat of . now mr. speaker , in pursuit of my own motion , and to make a little entrance into this great affayre , i will present to you the petition of a poore opressed minister , in the county of kent , a man conformable in his practise , orthodoxe in his doctrine , laborious in the ministry , as any we have , or i do know . he is now a sufferer ( as all good men are ) under the generall obloquie of a puritan , as with other things , was admirably delivered by that silver trumpet * neare the barre . the pursevant watcheth his door , and divides him and his cure asunder , to both their griefs : for it is not with him , as perhaps with some that set the pursevant at worke , glad of an excuse to be out of the pulpit : it is his delight to preach . about a week since i went over to lambeth to move that great bishop ( too great indeed ) to take this danger off this minister , and to recall the pursevant ; and withall i did undertake for mr. wilson , ( so your petitioner is called ) that he should answer his accusers in any of the kings courts at westminster . the bishop gave me this answere ( as neere as i can remember ) in haec verba , i am sure that he will not be absent himselfe from his cure a twelvemoneth together , and then i doubt not but once in a yeare we shall have him . this was all i could obtaine : but i hope by the help of this house , before the yeare of threats be run out , his grace will either have more grace , or no grace at all . for our manifold griefs doth fill a mighty , a vast circumference , yet so that from every part , our lynes of sorrow doe leade to him , and poynt at him , the centre from whence our miseries grow . let the petition be read , and let us enter upon the worke . sr. edward deerings second speech novem. . . mr. speaker , you have many private particular petitions , give me leave by word of mouth to interpose one more generall , which thus you may record : gods true religion is violently invaded by two seeming enemies , but indeed they are like herod and pilate , fast friends , for the destruction of truth , i mean the papists for one part , and our prelaticall faction on the other : between those two in their severall progresse , i observe the occurrence of some few parallells , fit as i conceive to be presented to this honourable house . first with the papists , here is a severe inquisition , and with us ( as it is used ) there is a bitter high commission , both these ( contra fas & jus ) are judges in their owne cause : yet herein their inquisitors are better then our high commissioners . they for ought i ever heard , do not saevire in suos , punish for delinquents and offenders , such as professe and practise religion , according as it is established by the laws of the land , where they live : but with us how many poore distressed ministers we have ; how many scores of them in a few yeares past have been suspended , deprived , degraded , excommunicated , not guilty of the breach of any of our established laws . the petitions of many are here with us , more are coming ; all their prayers are in heaven for redresse . down with the tables of these money-changers : they doe professe commutation of pennance , and i may therfore justly call them so . secondly , with the papists there is a mysterious artifice , i meane their index expurgatorius , whereby they clip the tongues of such witnesses , whose evidence they doe not like : to this i parallell our late imprimators licences for the presse , so handled , that truth is supprest , and popish pamphlets fly abroad cum privilegio , witnesse the andacious libells . against true religion , written by cosi●s , daw , heylin , pecklington , mede , shelford , swan , roberts , and many others ; i name no bishops : but i adde , &c. nay they are already grown so bold in this new trade , that the most learned labours of our ancient and best divines , must he new corrected and defaced with a deleatur , by the supercillious pen of my lords young chaplein ( fit perhaps ) for the technicall art , but unfit to hold the chaire for divinity . but herein the roman index is better then our english licences ; they thereby doe preserve the current of their owne established doctrines , a point of wisdome . but with us , our innovators by this artifice doe alter our settled doctrines : nay , they do introduce points repugnant , and contrariant ; and this i dare assume upon my selfe to prove . . one parallell more i have , and that is thus , amongst the papists there is one acknowledged supreme in honour , in order , and in power , from whose judgement there is no appeale . i confesse mr. speaker , i cannot altogether match a pope with a pope ; yet one of the ancient titles of our english primate was alterius orbis papa : but thus farre i can goe ex ore suo , it is in print . he pleads faire for a patriarch , and for such an one whose judgement he beforehand professeth ought to be finall ; and then i am sure it ought to be unerring ; put thefe two together , and ye shall find that the finall determination of a patriarch , will want very little of a pope , and then we may say mutato nominede te fabula narratur : he pleaded pope ship under the name of a patriarch , and i much feare least the end and top of his patriarchall plea may be as that of cardinall poole ( his predecessors ) who would have two heads , one caput regale , another caput sacerdotale , a proud parallell , to set up the mitre as high as the crown . but herein i shall be free and cleere , if one there must be ; be it a pope , be it a patriarchall , this i resolve upon for mine own choyce , procul à iove , procul à fulmine , i had rather serve one as farre off as tiben , then to have one come so near me as the thames . a pope at rome will doe lesse hurt then a patriarch at lambeth : i have done . and for this third parallell , i submit it to the wisdome and consideration of this grave committee for religion : in the mean time i doe ground my motion on the former two ; and it is this in briefe , that you will please to select a subcommittee of , , , or . at the most , and to impower them for the discovery of the great number of oppressed ministers , under the bishops tyranny : for these . yeares last past , we have the complaints of some , but more are silent , some are patient and will not complaine ; others are fearefull and dare not ; many are dead ; many are beyond seas , and cannot complain . and in the second place that the subcommittee may examine the printers , what books by bad licences have bin corruptly issued forth : the worke i conceive will not be difficult , but will quickly return into your hands full of weight ; and this is my motion . sir edward deerings third speech in parliament , . mr. speaker , this morning is designed for the consideration of the late cannons , and the former ; and of that which the clergy have miscalled a benevolence , i shall for the present , onely touch the first of them , and that is the roman velites , who did use to begin the battayle : so shall i but velita●de , and skirmish , whilst the mayne battayle is setting forwards . the pope , as they say , hath a triple crowne , answerable thereunto ; and to support it , he pretendeth to have a threefold law . . the first that is ius divinum , episcopacy by divine right : and this he would have you thinke to be the crowne next his head , which doth circle and secure his power , our bishops have in an unlucky time entred their plea , and presented their title to this crown , episcopacy , by divine right . . the second is ius humanum constantij donativum , the guift of indulgent princes temporall power ; this law belongs to his middle or second crowne , this is already pleaded for , by our prelates in print . these two crownes being already obtained ( he the pope ) creates and makes the third himselfe , and sets it highest upon the top : this crowne also hath its law , and that is ius canonicum , the canon law of more use un to his popeship , if once admitted then both the other . just so our prelates from the pretended divinity of their episcopacy , and from the temporall power , granted by our princes , would now oberude a new common law upon us : they have charged the commons to the full , and never feareing they would requoyle into a parliament , they have rammed a prodigious ungodly oath into them . the illegality , and invalidity of these cannons , is manifested by one short question , ( vizt. ) what do you call the meeting wherein they were made ? mr speaker , who can frame an argument aright , unlesse he can tell against what he is to argue ? will you confute the convocation-house ? they were a holy synod : will you argue against their synod ? they were commissioners , will you dispute their commission ? they will mingle all power together , and perhaps answer , they were something else that we neither knew , nor imagined , unlesse they would unriddle themselves , and owne what they were , we may prosecute non concludent arguments . mr. speaker , i have conferred with some of the founders of those cannons , but i professe here , that i could never yet meet with any one of that assembly , who could well answere to that first question of the catechisme , what is your name ? alas , they were parted before they knew what they were , when they were together . the summe of all the severall answers that i have received , do altogether amount unto this : they were a convocationall , synodicall assembly of commissioners : indeed a threefold chaemera , a monster to our laws , a cerberus to our religion . a strange commission , where no commissioners name is to be found ! a strange convocation , that lived when the parliament was dead . a strange holy synod , when the one part never saw nor conferred with the other . but indeed , there needed no conference , if it be true of these cannons which i read of the former , quis nescit , canones lambe thae formari priusquam in synodo ventilentur ? well mr. speaker , they have innovated upon us ; we may say , it is lextalionis to innovate upon them , and so i hope we shortly shall doe . in the meane time my humble motion is , that every member of that assembly , who voted their canons , may come severally to the barre of this house , with a booke of cannons in his hand , and there unlesse he can answere that catechisme question , as i called it , better then i expect he can , concept is verbis , in such expresse termes as this honourable house shall then think fit , he shall abjure his owne issue , and be commanded to give fire to his owne cannons . and this motion i take to be just . finis . notes, typically marginal, from the original text notes for div a e- * sir benjamin rudyerd . by the king, a proclamation to restraine the planting of tobacco in england and vvales england and wales. sovereign ( - : james i) approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a stc estc s ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : , : ) by the king, a proclamation to restraine the planting of tobacco in england and vvales england and wales. sovereign ( - : james i) james i, king of england, - . sheet ([ ] p.) by robert barker, and iohn bill ..., imprinted at london : m.dc.xix [ ] caption title. "giuen at our palace of westminster the thirtieth day of december, in the seuenteenth yeere of our reign ..."--p. [ ]. imprint from colophon. reproduction of original in the henry e. huntington library and art gallery ( : ) and queen's college (university of oxford). library ( : ). created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng tobacco -- law and legislation -- great britain. proclamations -- great britain. great britain -- history -- james i, - . great britain -- politics and government -- - . - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion honi soit qvi mal y pense royal blazon or coat of arms ❧ by the king. ❧ a proclamation to restraine the planting of tobacco in england and wales . it is not vnknowen what dislike wee haue euer had of the vse of tobacco , as tending to a generall and new corruption , both of mens bodies and manners : neuertheles it is of the two , more tolerable , that the same should bee imported amongst many other vanities and superfluities which come from beyond the seas , then permitted to be planted here within this realme , thereby to abuse and misimploy the soyle of this fruitfull kingdome : for which purpose by our direction , letters of late haue bene addressed from our councell of state , prohibiting the plantation thereof within a certaine distance of our city of london : but entring into further consideration of the manifold inconueniences of suffering this nourishment of vice ( and nothing else ) as a noysome and running weede , to multiply and ouerspread within this our kingdome , wee are resolued vpon many and weightie reasons of state , to make the sayd prohibition generall . for first , wee are informed , that whereas the vse of forreine tobacco was chiefly vented , and receiued in cities and great townes , where riot and excesse vseth to take place , it is now by the inland plantation become promiscuous , and begun to be taken in euery meane uillage , euen amongst the basest people . secondly , we are giuen to vnderstand from diuers persons of skill and experience , that the english tobacco , howsoeuer some doe presume or imagine by industrie and experience to rectifie it , and make it good ( wherein it is easie for opinion to doe mischiefe ) yet it is certeinly in it selfe more crude , poysonous and dangerous for the bodies and healths of our subiects then that that comes from hotter climates ; so that the medicinall vse of tobacco ( which is that that is only good in it , and to be approued ) is in this kind also corrupted and infected . thirdly , whereas our colonies and plantations in virginia and the sommer ilands , ( being proper and naturall climates for that plant , and the true temper thereof ) receiue much comfort by the importation therof into this kingdome , ( which is to be respected at least in the interim , vntill our said colonies may grow to yeeld better and more solide commodities ) now the said trading from thence is and will be by the plantation within this realme , choaked and ouerthrowen . fourthly , wee doe find also , that the reason that mooued us to interdict the planting thereof neere the citie of london , ( which was in regard of the conuersions of garden grounds , and rich soyled grounds from diuers roots and herbes , fit for victuall and sustenance , vnto this harmefull vanity ) extendeth likewise vnto all cities , townes and uillages , and rather more , by how much the pouertie is greater there , then here aboue . and lastly , for that it doeth manifestly tend to the diminution of our customes , which is a thing , that although in case of good manufactures , and necessary commodities wee doe little esteeme , yet where it shall be taken from us , and no good but rather hurt thereby redound to our people , wee haue reason to preserue . wee therefore intending in time to prouide a remedie for this spreading euill , which hath in a very few yeares dispersed it selfe into most parts of our kingdomes , doe heereby straightly charge and command all and euery person and persons of what degree or condition soeuer , that they or any of them , by themselues , their seruants , workemen or labourers , doe not from and after the second day of february next , presume to sow , set , or plant , or cause to be sowen , set or planted within this our realme of england , or dominion of wales , any sort or kinde of tobacco whatsoeuer ; and that they or any of them , shall not , or doe not hereafter maintaine , or continue any old stockes , or plants of tobacco , formerly sowen or planted , but shall foorthwith vtterly destroy and roote vp the same , conuerting and imploying the ground and soyle thereof to some other lawfull vses and purposes , as to them shall seeme best , vpon paine of contempt of our royall commaundement , to be proceeded with according to our lawes , and prerogatiue royall with all seueritie . and therefore , for the more due execution of the premisses , wee doe further will , require and command all mayors , sheriffes , iustices of peace , bayliffes , constables , and other officers and ministers , to whom it shall or may appertaine , that they and euery of them , shall from time to time diligently and carefully intend the due and exact obseruation of this our royall pleasure , and that they permit not , nor suffer any thing to be done , contrary to the true intent and meaning of this our proclamation , but withstand the same to their vttermost power , as they tender our seruice : and further that they take order that such offendors , labourers , or workemen , as shal persist in the sowing or planting of tobacco , in this our realme or dominion of wales , or in the maintaining or continuing any old stocks , or former plantations thereof hereafter , may be called before them , & be bound in recognizances of good summes of our vse , to appeare in our court of starrechamber , there to be prosecuted by our attourney generall , as contemners of our expresse commandement , proclamation , & prerogatiue royall , wherein ( especially in a cause of this nature ) wee will expect , and require of all our subiects , their due conformitie and obedience . giuen at our palace of westminster the thirtieth day of december , in the seuenteenth yeere of our reigne of great britaine , france and ireland . god saue the king. ❧ imprinted at london by robert barker , and iohn bill , printers to the kings most excellent maiestie . anno dom. m.dc.xix . the converted cavaliers confession of their designe when first we drew the king away from his parliament as also (now our eyes are in some measure opened) that we see there was a deeper plot and designe in hand at that time by the papists who made use of us to accomplish their own designe, which then lay hid from us, but now discovereth it selfe : with our resolution to forsake the papists / written by a converted cavalier, for full satisfaction to all neutralists. converted cavalier. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing c ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing c estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the converted cavaliers confession of their designe when first we drew the king away from his parliament as also (now our eyes are in some measure opened) that we see there was a deeper plot and designe in hand at that time by the papists who made use of us to accomplish their own designe, which then lay hid from us, but now discovereth it selfe : with our resolution to forsake the papists / written by a converted cavalier, for full satisfaction to all neutralists. converted cavalier. p. printed by bern. alsop, london : . reproduction of original in the huntington library. eng great britain -- history -- civil war, - . great britain -- politics and government -- - . a r (wing c ). civilwar no the converted cavaliers confession of their designe when first we drew the king away from his parliament. as also (now our eyes are in some converted cavalier a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - jonathan blaney sampled and proofread - jonathan blaney text and markup reviewed and edited - pfs batch review (qc) and xml conversion the converted cavaliers confession of their designe when first we drew the king away from his parliament . as also ( now our eyes are in some measure opened ) that we see there was a deeper plot and designe in hand , at that time by the papists ; who made use of us , to accomplish their own designe , which then lay hid from us , but now discovereth it selfe : with our resolution to forsake the papists . written by a converted cavalier , for full satisfaction to all neutralists . london . printed by bern : alsop , according to order . . the converted cavalier his confession : of their designe , when they drew the king away from his parliament . to confesse the truth of our designe , ( of us i meane who are protestants and in the kings party ) it was at the first ) to accomplish these two things . first , we perceived that the parliament would not suffer us in our pattents which we had obtained of his majesty , and which had cost us deare ; and were like to be very profitable to us ; we therefore were loth to lay them downe , and forgetting the law of the land , wee thought that his majesty might doe what he pleased , and therefore wee conceived that if wee could draw his majesty away from his parliament , into some remote place , where we might incense and inrage him against them , by perswading him that they did abridge him of his prerogative , and then promising him that to maintain his prerogative , we would assist him with mony , horses , and arms , thereby to awe the parliament ; we thought this being performed , that then we should enjoy still our unlawfull gaines by pattents as we had done formerly , so that being too much leavened with the earle of straffords doctrine , we held that if the parliament would not apply themselves to his majesty , the king then was acquitted before god and man , and might make use of his prerogative , this is the first thing . in the second place we perceived that the parliament would indeavour to reform the church government , and take away all superstitious worship out of it , and that they would amend ( if not take away ) the book of common prayer , which thing seemed very grievous to us , because we desired to serve god in a formall worship ( it being more pleasing to the flesh ) and obey him only with the outward man , for we thought that even that was pleasing to god , and that we should now be urged and pressed to a more spirituall worship , which we thought was quite against the haire , likewise we thought it an high offence , ( now after the book of common prayer had been received so many yeares ) that we should goe to condemne our fore-fathers for the use of it , by taking it away ; we likewise hoped that when by this designe of drawing the king away , wee should by force effect for him that hee might by his prerogative doe what he pleased , and that we should have this book of common prayer set up ( not dreaming all this while that the papists had any plot in stirring us up , and likewise , our blind and superstitious ministers to stand up for it , though indeed now we well remember that one said a year agoe that they would stirre us up to stand for the common prayer till they had effected their owne ends , and then wee should have popery set up , and such a service book as they would have imposed on scotland , ( which now we may see is their plot ) in despite of a puritan parliament , and all their puritan adherents , and that we should have our lord bishops againe , to curb those that did speak or doe any thing against it , as they did heretofore ( esteeming that they which were such great schollars were the only church-men ) and all that which they did to be divine , and that we ought to observe it ; this was the second thing . but now we see that they made use of us and our designes but for their owne ends , for they had a deeper plot and designe then in hand , then that wee were aware of , which we find now to be this , that they indeavour , to make a division betwixt us that are ( as yet ) but protestants in name , and those that are protestants in heart , that so we dashing our selves one against another , both parties might be consumed , and then ( when wee are so weakned ) they know it will be an easie matter for them to destroy both parties ; that this is their designe wee shall make appeare , by these reasons . . because these many yeares they have ( by means of some near to the king ) had familiar recourse to the court , there to agitate and further any design that they had , and likewise were much countenanced and favoured ; as mr. prin in his late book at large setteth forth , that they had their agents at court consisting not only of iesuits and priests , but even of our own bishops , which should have been fathers to uphold our religion , they have bin cheife incendiaries to set the protestants together by the eares , and the bishop of canterbury by name hath imployed a iesuit and a papist to indeavour to bring us to the romish religion , as it is laid to his charge in his articles of impeachment ; now it is evident that this was the design that they prosecuted , because first they did ( according as they durst ) in words and writings , disgrace the profession and professors of the protestant religion , thereby to cause prophane people to hate , those that were more forward in religion then themselves . . because they cannot indure any that are of the protestant religion , neither are they to keep faith with us ( as their religion teacheth them ) who are protestants , but they may murther and destroy us , and for so doing they merit heaven , then sure it is very madnes and folly in us to think that they will indeavour to establish the true protestant religion , which they call heresy , and howsoever although we can indure their religion practiced by both great and small among us , yet if they prevaile , they will not leave one that beares the name of a protestant alive in our kingdom , witnes what they have done in ireland to the protestants there . . because now their plot doth discover it selfe , by bringing the irish forces over ; first the protestant forces , that so they might not oppose them there , but come over into england to waste themselves , and such protestant forces as were here before : and now they bring ( o you malignants and all my fellow cavaliers open your eyes ) the irish rebels ( that have killed so many thousand protestants in ireland ) into england daily for to cut our throats , so that now we may see that whatsoever colour they put upon their designe , by perswading us that the king fought for the protestant religion and his prerogative , and that they that were papists did but assist him for the accomplishing of the same , against those which they and we call puritans , yet they do indeed intend to bring us under the command of the pope , and so to take away the kings prerogative , that he would be subject to him , and so although his majestie do indeed intend the true protestant religion , yet ( they prevailing ) he shall not be able to establish it . the consideration of these things , is the true cause why we do now forsake their proceedings , and publish it to this intent , that others that still prosecute the designe that we did , may now take notice of the papists , how they make use of us to our own destruction ; and then i hope , you likewise will forsake them , as many already have done , who are different from us in their persons , but more in their affections ; and let us now make use of what we see them do for our best advantage , and that is this ; whereas we see them encouraging and countenancing and helping them that are zealous in their false religion , so let us now unite our selves to those that are zealous for the protestant religion , and as much countenance encourage and help them , both by our persons and prayers , and in particular this parliament , which they have beene a meanes to cause us so much to oppose : for sure , had not god raised them up as instruments to stand for this nation , we had been all lost . and this is my perswasion , and my resolution is to adhere to the kings forces no more . finis . ordered by the lords and commons assembled in parliament, that thursday shall be three weeks shall be [sic] set apart for a day of publique thanksgiving to almighty god for the great successe of the army under the command of sir thomas fairfax, general ... england and wales. parliament. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing e ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) ordered by the lords and commons assembled in parliament, that thursday shall be three weeks shall be [sic] set apart for a day of publique thanksgiving to almighty god for the great successe of the army under the command of sir thomas fairfax, general ... england and wales. parliament. broadside. s.n., [london : ] imprint supplied by wing. at head of text: martii, . signed: "h. elsynge, cler. parl. d. com." reproduction of original in chetham's library. eng great britain -- history -- civil war, - . great britain -- politics and government -- - . a r (wing e ). civilwar no martii, . ordered by the lords and commons assembled in parliament, that thursday shall be three weeks shall be [sic] set apart for a england and wales. parliament a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion martii , . ordered by the lords and commons assembled in parliament , that thursday shall be three weeks shall be set apart for a day of publique thanksgiving to almighty god for the great successe of the army under the command of sir thomus fairfax general , against the enemy in the vvest , in breaking and destroying their armies , and giving them up into the hands of the parliament , to be observed and kept in all churches and chappels in the several counties of the kingdom under the power of the parliament above ten miles from london ; and that the knights and burgesses of the several counties and places within the limits aforesaid , do take care that the respective ministers in the said counties and places may have timely notice thereof ; and that the several ministers do on the said day respectively take notice of the great blessing of god upon the forces of the parliament , in taking of sir jacob ashley prisoner , and routing and defeating the forces under his command neer stow in the county of gloucester . h : elsynge , cler. parl. d. com. england's improvements justified; and the author thereof, captain y. vindicated from the scandals in a paper called a coffee-house dialogue. with some animadversions upon his popish designs therein contained. yarranton, andrew, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing y estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) england's improvements justified; and the author thereof, captain y. vindicated from the scandals in a paper called a coffee-house dialogue. with some animadversions upon his popish designs therein contained. yarranton, andrew, - . p. s.n., [london : ] by andrew yarranton. caption title. imprint from wing. reproduction of the original in the henry e. huntington library and art gallery. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng yarranton, andrew, - . -- england's improvement by sea and land -- early works to . coffee-house dialogue -- controversial literature -- early works to . great britain -- politics and government -- - -- early works to . - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - judith siefring sampled and proofread - judith siefring text and markup reviewed and edited - pfs batch review (qc) and xml conversion england's improvements iustified ; and the author thereof , captain y. vindicated from the scandals in a paper called a coffee-house dialogue . with some animadversions upon his popish designs therein contained . malice and envy are the inseperable companions of a diabolical nature ; and that contagion is never more apparent , than by its dreadful symptoms , where it throws out its sulphureous fiery stink-pots of calumnies and slanders , blasting the reputations of the best of men , lessening and levelling at the most heroick actions , and endeavouring to make the greatest designs for the weal-publick frustrate and abortive , thus malice pregnant with revenge and envy in her insatiate repining● again virture ▪ joyn their consultations to suggest falshoods ; steals from discourses the antecedent occasion , making in some parts a divorce between the precedent matter , and coherent discourse ; and like an ill-seasoned vessel , qodcunque infandit acescit , perverts all , even the most pleasant liquors to its corrupt nature : thus hath this virulent dialogist dipt his pen in poyson ; and rather than his repining envy should not be answered in its importunities , will expose his weakness as well as wickedness to the world , forgetting what he declares to have read in the lord bacons essays , that silence in a fool may pass for wisdom : vir sapit qui pauca loquitur , few words become the wise ; but i must invert the words for his sake , vir 〈◊〉 qui pauca sapit , the fool is known by his babling . sacred writ records an ass to speak for the preservation of its master , to his conviction , in his evil undertaking ; but the creature ▪ by creation , superior to that heavy animal , brays out forged , frivolous defamations , and that so apparently false , that his own popish herd , blushing at his folly , will say , etiam & asin●● noster calcitrat , wondring that this dull insipid creature durst lift up his foot against a man of so true worth , industry and ingenuity , as that honest captain , the glory of whose publick spirit so manifest to the world , so far surmounts all those mists of envy , that no idle reflections can touch the belief of any man of common sense , that this worthy patriot , ( so i must justly stile him for his great merit in his publick undertakings ) , can be guilty of any such solecisms ; take the folly to your self , sir , and then laugh as simply at your own ginglings , for which all men else contemns you ; and were it not your happiness to be unknown , there 's not a barrester of the temple but would kick you , for fathering such a changling , simple brat upon so honourable a calling as a barresters ; and whoever shall lose so much time to read your nonsence , will find you but an imp of rome , a popish pettyfogger , a vermin that spits out only poyson to divide the protestant interest , thereby to support a languishing cause , which the high hand of god has hitherto witnessed against ; from whose almighty power , none of your black dirges , nor all your idols , jesuits and devils to help you , can deliver you . but before i come to examine your paper in its several paragraphs , i must shew you how unfarely you deal with this honest gentleman ; either you were one of the society , or not ; if you were , and the matter were true , you are a traytor , a iudas , acting against the laws and rules of human society , odi ●●●morem compotorem , you are to be detested and abandoned by all civil company , and if you were not of the society , you can know nothing ; and your whole discourse is a feigned undertaking ; and how easie a matter is it for a man to lay absurdities at any mans door , when the same man , out of a malitious design , first makes the question , and also the answer ; has the contrivance of the whole conference by himself ; and yet a person knowing nothing , wholly innocent , must be exposed ; from this arrow shot in the dark , no man can be safe ; and whether the captain ought to father so scandalous a bastard , i leave it to all wise and just mens censure : this being the true state of the business , the captain having never had this conference , he must be cleared from whatsoever is contained in this forged dialogue 〈◊〉 innocence , when he heard of it , only procured a smile , with this answer , spreta vilescunt , falshoods must perish , are soonest destroyed by contempt : ●o that he needs no further vindication ; and his works shall praise him in the gates , and so fully be-speak his worth , that every english man is now obliged in his quarrel , and upon that account i take my self concerned without his knowledg , and must give this publick scandal the lye , as publickly ; without which , i could neither satisfie my self , or answer the duty i owe to the rules of friendship , nor be just to the honour of the captains worth and innocence , being a frequenter of that society , where i had the injoyment of pregnant and ingenious gentlemen , and no such trumpery could take place there . but for your reflections upon rivers making navigable ; who will controvert the great advantage they are in all places to trade and commerce , and a common good ? is this a crime for a man to demonstrate ? saving your ridicule which belongs to your self , of making the streets of london navigable , and for lodging of ships upon an hill , what will be your reward to impose impossibilities ? but what the captain proposed for harbouring a considerable number of ships in safety , is no chymera , as your folly remarks ; for it has been demonstrated to many persons of honour , and that with a fair and plausible reception ; and for his register , which your inventions kick about with so much slight , i must say , ars nullum habet inimicum preter ignorantem , you speak evil of the things you know not , or your ill nature envies , and would blast what you cannot imitate ; but for these things let englands improvement speak for it self , there the profits and advantages of a register will appear , with the advancement of trade , by lombard-houses and common stores , which are all made practicable in forreign parts , and now by the hazard of his life in long travels , the sweat of his brows and vast expence , is brought by him home , and made publick for general good ; and is this the reward ? but 't is no marvel , quid cum amaraco sui , what must swine do with such pearls ? this dialogue-maker , i perceive , is for no improvements , he has been train'd up for french government , to bring popery into church , and slavery upon the nation , and to that purpose he introduces a forged discourse with the captain's , to frustrate the happiness of a free people ; methinks i see , poor scribler ! how his hypocondrias are distended , and like to burst with envy , when he beheld the grandure and gravity of the lord mayors installment , the great character of englands freedom not to be paralell'd in the government of any prince in the world ; this adds to the glory of the crown , that our king commands the hearts and hands of free-born subjects , flourishing under his gracious protection , with a stable government , that preserves the honour and majesty of the king , and the happy liberties of his people . here i might end , having said enough for the captains vindication , if i said no more , but that he is by a forgery imposed upon : but meeting with some things in his paper , i cannot but animadvert : first , where he queries , what game have the great ones now to play ? he might have answered himself , they have enough to do . your romish emissaries have cut out work with a witness , here 's plot upon plot , and all to murther the king , to subvert government in church and state , and by the mighty power of god all discovered ; and because the popish party had received so great a soil , the protestant party must now be made plotters , that under that colour you might murder the king , and give the blow in masquerade ; but no weapon formed against god can prosper : and if his providence had not embowelled your cursed designs , as you say , the city ere this might have been on fire at one end , and cutting of throats all over . the next question he begs , is an enforced reflection upon the clergy of the church of england , a fine device to create jealousies amongst protestants : you have played that trick too often to have it thrive ; we better understand the common interest , than to divide , divide & impera , we know the danger of a division ; and since the quarrel is plainly betwixt protestant and papist , and that all must endure the fiery tryal , they will neither turn , nor burn , but jointly oppose all your insinuations ; i hope mr. dangerfields plot has convinced the world so , that we shall not hear any more invectives against the dissenting party , for all are protestants . the church of england , as it is the best of governments , so i hope it will never want charity for any that agree in the same fundamentals ; the same gospel is owned by all , and by that rule , all are to be governed , which says , let your moderation be seen before all men ▪ the lord is at hand : and if any man be otherwise minded , viz. as to discipline , or other matters not so essential , god shall reveal it ; let there be therefore no animosities , no differences amongst them , for they are brethren . as for what you would suggest , as the saying of the captains , in the reflections of the church of england men , you beg the question , that you may take the occasion to discover yourself of what foot-mark you are , and that the mark of the beast is plainly in your forehead ; ex pede herculem , i see by this foot the dimensions of your mind , it is not your kindness or reverence you bear to the church of england or honoured clergy , but to sweeten our apprehensions , and mollifie our fears , and to assure us that popery is not such a bug-bear , but that all the lands taken away from those idolatrous , lascivious drones , will keep firm as they are ; and reinforceth his argument and perswasions , that as they were first sold by act of parliament , it was again corrobarated in queen mary's reign ; a necessary policy to keep all quiet till they had played up their game to a sure point : but the great assurance this gentleman gives it , is from infallibility it self , in these words , to which , consent of his holiness was given ; and this he counts security strong enough : then , sir , you are a simple papist , and your pope a jugler ; for the canons of your church denies a power to be in any pope himself , to divest the church of any of its possessions . where are your wheadles now , sir ? carry your trifles to your children nurst up in an implicit faith , we will trust in god , and use our lawful endeavours against popes and plotters , and enjoy our lands too , no thanks to your pope , whom you stile his holiness , which never any protestant so seriously did : a fair evidence of your principles ! the next thing he disputes with himself , and would father it upon the captain , is about the subject of a pamphlet , called , a word without doors : which i have heard the captain aver he never saw it , nor i neither ; therefore to approve or disapprove , belongs not to my present occasion ; but if any thing be in it , contra bonos mores , or savors of irreligion or disloyalty , i commit him with this popish disputant to the sword of the magistrate . as for your sophistries , and what absurdities are in them , take the shame to your self , for they are all of your own making . interest , i perceive , can never lye ; popery must come in , if your foul hand or crazy brain can help it . are not you a brave fellow to come in print ; that can censure parliaments , and charge them with injustice and folly too ; you do not like them , we may all see ; they are too hearty against popery , and too zealous to maintain the protestant religion to posterity . is this a crime ? as for the bill , that was , is not now in being ; for that parliament is dissolved , and another since chosen , and prorogued for a considerable time ; therefore you dispute , de lana caprina , you set up an image , and fall down before it ; go on with your idolatry , we will trust god for religion , and next humbly submit all to the wisdom and care of our gracious king , and his great council in parliament . to how little purpose do you revive the lord straffords case , in which you are a little too sawcy ; 't was done , perenni parliamento , the supream court of the nation , and by them he was judged guilty of high-treason , and you must not say he suffered without law , though his crimes were not within one , or any of the articles of the th of edward the d ; yet if you consult the same statute , you will find the parliament judg of treasons not there named ; the words of the act are these : and because many other like cases of treason may happen in time to come , which a man cannot think nor declare at this present time ; it is accorded , that if any other case , supposed treason , which is not above specified , doth happen before any iustices , the iustices shall tarry without going to judgment of the treason , till the cause be shewed and declared before the king and his parliament , whether it ought to be judged treason or other felony . sir , the articles are yet alive , and the recited clause shews the parliament not so mistaken , for they are judges of what is treason : i never heard that act was repented of by any parliament , though the same parliament provided that it should not be brought into pres●ent ; not that they would be understood thereby to judg themselves as unjust ; but in reference to inferior courts , and how far that clause reached him , or whether it did not imply that it was in the power of a parliament so to adjudg , i submit to better judgments than yours or mine , for i dare not presume to determine . qua supra nos nihil ad nos . in your last paragraph you would give a fresh assault upon the late parliament , charging them with the greatest injustice , and that from the act tricessimo quinto of the queen , as if it were denied to the d. liberty of other subjects , to declare and make his submission ; and implies , that he was never convicted ; if all were well in that case , what mean the bleating of the sheep , and the lowing of the oxen ? why were such proposals offered by his majesty for securing the protestant religion against a popish successor ? and all those great labours in parliament , and their votes , declaring what you would now question ? pray let me ask you , when was there the least appearance of the d's . inclinations to declare his submission to the church of england ? if you make not that appear , what do you argue for ? not to satisfie the world that there was or is any such intention , but to asperse the great council of the kingdom ? and certainly if the design had lain there , the concern of succession to three kingdoms would have brought it into act after so many fair opportunities , and especially when the parliament arrived at so high a pitch , caused by the care for the protestant religion , and those dreadful apprehensions of those horrid plots discovered against his majesties sacred person . i assure you sir , if ever such an offer had appeared ; it would have been cherished with the greatest indulgence ; but this is too much to argue upon a non entity , for that bill is gone , and you need not question but when the parliament meets , and ever take that debate in hand , the d. will have nothing offered but what is just , with relation to establishing the protestant religion , and the preservation of his most sacred majesty's person , and the liberties of all true english men . now , sir , upon examination of your ill-bestowed pains , i think you ought to ask god forgiveness in the first place , for breaking his commandment , thou shalt not bear false witness against thy neighbour ; next , to answer to his majesty for breach of his law in libelling ; and upon your knees to crave pardon of the d. for your pitiful management of his cause ; and for my part , i shall throw you in my forgiveness for the trouble you gave me ; and as to the captains concerns , he is to thank you for the opportunities you have given , to make his deserts more publick , and englands improvements more honoured . finis by the commander in chief of all the forces in scotland. whereas (amongst other things) by proclamation of the . of sept. all magistrates and officers of burghs and parishes and all other persons whatsoever, are required to secure, or give intelligence of all suspected persons, travelling through, or abiding within their bounds or jurisdictions, ... lilburne, robert, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing l ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing l estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) by the commander in chief of all the forces in scotland. whereas (amongst other things) by proclamation of the . of sept. all magistrates and officers of burghs and parishes and all other persons whatsoever, are required to secure, or give intelligence of all suspected persons, travelling through, or abiding within their bounds or jurisdictions, ... lilburne, robert, - . sheet ([ ] p.) [s.n.], printed at leith : in the year, . signed and dated at end: given under my hand and seal at dalkeith, the . day of april, . r. lilburne. "cites proclamation sept. , no. , q.v. for securing suspected persons. no person after the next ten days is to travel five miles from home without a pass from the commander-in-chief or his deputies on pain of being considered a spy. ..". cf. steele. reproduction of the original in the british library. eng spies -- legal status, laws, etc. -- england -- early works to . great britain -- politics and government -- - -- early works to . a r (wing l ). civilwar no by the commander in chief of all the forces in scotland. whereas (amongst other things) by proclamation of the . of sept. all magistr lilburne, robert d the rate of defects per , words puts this text in the d category of texts with between and defects per , words. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion by the commander in chief of all the forces in scotland . whereas ( amongst other things ) by proclamation of the . of sept. . all magistrats and officers of burghs and p●rishes , and all other persons whatsoever , are required to secure , or give intelligence of all suspected persons , travelling through , or abiding within their bounds or jurisdictions , as in and by the said proclamation more particularly is expressed : no●with-standing nothing to this time hath been effectually done , but on the contrary , diverse rebels , aswell considerable numbers as spyes , have been , and still are frequently permitted and suffered to pass , march through , and abide in any burgh or parish within the quarters of our army unquestioned , as if no rebellion were , who thereby take oppor●un●ty , not onely to get intelligence , but also to entice many loose persons to joyn with them in rebellion , and commit frequent robberies and barbarous murders , and other out-rages upon the persons , goods and geer , aswell of scots as en●lish . these are therefore strictly to charge and command , that no person or persons , of wha● degree or quality soever ( not being a member of the english army ) do presume after ten dayes next after publication hereof , to passe above five miles from his and their respective aboads or habitations , unlesse he or they have first obtained a passe from my self , or the commander in chief of the forces in scotland for the time being , or from the next chief officer of the english army , or the judge-advocate of the army ; ( of whose circumspection and care in parting with the said passes to persons well-affected , or upon good caution , i nothing doubt ) whith said passe is to be signed and sealed with my hand and seal , conform to the hand and seal hereunto subscribed and affixed , or the hand and seal of the commander in chief for the time being , and subscribed by the said officer from whom it shal be obtained , with his name , ●ogether with the time and place of his subscription , ( except he or they make it appear , he or they are upon their ready way to the next chief officer for obtaining the said passe ) under the pain of being adjudged , deemed and taken as enemies in rebellion against the peace of the commonwealth , and dealt withal accordingly . and all magistrats and officers , and all other persons whatsoever within burghs or parishes , are hereby strictly required , that if any person or persons ( except as before is excepted ) and not being members of the english army shall contrary hereunto , presume to march , travell , passe through , or abide in any burgh or parish , without a passe as aforesaid , the said magistrates , officers and parishioners of such burgh and parish , are hereby required to secure them , if they shal be of strength sufficient , and them safely keep , untill notice be given to my self , the commanders in chief for the time being , or the next adjacent officer in chief of the english forces ( any of whose orders thereanent is duely to be observed ) under the penalty of twenty pounds sterling , and such further punishment , according to the quality of the offence , as to a court marti●ll to be held for the head quarters , or any other inferiour court martiall , before whom the matter shall be tryed , shall be thought just ; and whensoever any par●y of the rebells , which now are , or hereafter shall break forth into rebellion , or any other person , not having a passe , as aforesaid , shall march or travell , into or through any burgh or parish ; and if the burgh , parish and inhabitants shall not be of strength sufficient to secure them , that in such case the magistrates , officers , and inhabitants of the said burgh , and parishioners of the said parish , and every individuall person thereof , are hereby strictly charged and required , to take care that such expedient be found out amongst themselves , that upon the first entrance of such rebells , or persons not having a passe , as aforesaid , whether they make stay or not , immediatly to take care that with all possible speed , one or more persons , mounted on as good a horse as at present may be had , or otherwise a nimble foot-man , to post away with all possible speed to the next and nearest forces of the english army , wheresoever they shall happen to be , and give true intelligence to the officer or officers thereof , of their number , and who commands them , so near as may be , under the like penalty of twenty pounds sterling , and such farther punishment , according to the quality of the offence , as to a court martiall , to be held for the head-quarters , or any other inferiour court martiall of the army , before whom the matter shall be tryed , shall be in like manner thought just . given under my hand and seal at dalkeith , the . day of april , . r. lilbvrne . to be proclaimed at the mercat crosse of the chief burgh in every county or sheriffdom , and upon the lords day , the parishioners being conveened together at the kirk , to be openly read unto them by the clerk thereof . printed at leith , in the year . miscellanies by the right noble lord, the late lord marquess of halifax works. selections. halifax, george savile, marquis of, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing h estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) miscellanies by the right noble lord, the late lord marquess of halifax works. selections. halifax, george savile, marquis of, - . settle, elkanah, - . sacellum appollinare. [ ], , , , , , , , , [ ] p. printed for matt. gilliflower ..., london : . first edition. reproduction of original in huntington library. sacellum appollinare, a funeral poem to the memory of that great patriot and statesman george late marquiss of hallifax -- the lady's new-year's gift, or, advice to a daughter -- the character of a trimmer, his opinion ... -- the anatomy of an equivalent -- a letter to a dissenter, upon his majesties late gracious declaration of consideration of those who are to chuse members to serve in the ensuing parliament -- a rough draught of a new model at sea, -- maxims of state -- a letter sent by his lordship to charles cotton, esq. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng halifax, george savile, -- marquis of, - -- poetry. england and wales. -- parliament. test act ( ) young women -- life skills guides -- early works to . great britain -- history -- restoration, - . great britain -- history -- revolution of . great britain -- politics and government -- - . - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - judith siefring sampled and proofread - judith siefring text and markup reviewed and edited - pfs batch review (qc) and xml conversion miscellanies by the right noble lord , the late lord marquess of halifax . viz. i. advice to a daughter . ii. the character of a trimmer . iii. the anatomy of an equivalent . iv. a letter to a dissenter . v. cautions for choice of parliament men. vi. a rough draught of a new model at sea. vii . maxims of state , &c. london : printed for matt. gillyflower at the spread-eagle in westminster-hall . . sacellum appollinare . a funeral poem to the memory of that great patriot and statesman , george , late marquiss of hallifax . as heaven it self 's on empire's axis roll'd , ( for god-head's but dominion uncontrould ; ) so the crown'd head , the sublunary jove , does , in his loyal orb of glory , move ; with all his bolts of fate , in his high-post of sovereign pow'r , the weilded thunder boast . but , in the highest tow'ring flight of kings , 't is the great statesman plumes their eagles wings ; they move the great machine ▪ he sets the springs . and thus , whilst pregnant empire's labouring head with some vast off-spring teems ; the statesman's aid , to bring the fair divine minerva forth , is call'd the great lucina to the birth . wisdom and counsel ! 't is their min'string ray , those bright crown - genij , cheer th' imperial sway : the harmony of worlds is only theirs ; empire but guides , 't is they that tune the sphere : counsel , in church or state , the warmth , by whom aaron's and moses's budding wands both bloom : thus monarchy , what , tho' she reigns alone , 't is by her argus-eyes she guards her throne : her lights an hundred , tho' her hand 's but one. of those rich lights , great hallifax shin'd there ; in pow'rs whole constellation , none more fair : in calms or storms , in every varying gale , the furl'd , the hoysted , or the slacken'd sail ; the helm to manage , or the mates to cheer , no pilot-hand cou'd ever worthier steer : trust , the magnetick load-star of his soul ; and faith , and zeal , his needles to the pole. the studied world was his long theam , and all the politick movements of the mighty ball : yes , the old world he had fathom'd o're and o're ; nay , had there been yet vnknown globe's t' explore , to give that head , that reach , those depths , their due , he had stood a fair columbus , for the new. in senates , there , with all his brightest beams , not michael , to th' embattl'd seraphims , a mightier leading chief : oraculous sense ! victorious right ! amazing eloquence ! all from that clearest organ sweetly sung : from that bold english cicero's silver tongue , well might great truth , and genuine justice flow ; for he lookt vpward , when he talkt below : up to astraea , heav'ns translated pride , her righteous ballance his great standard guide . in redress'd wrongs , and succour'd rights appeal , no hand , in the judiciary scale , more weigh'd and pois'd , than hallifax alone ; ev'n half the great tribunal , was his own. but , in that more exalted patriot-cause , the moulding of those stamps imperial , laws ; then , when the whole divinity of pow'r , in her collective strength , that lab'ring hour , in her all-wise consulting providence , sits , some new fair creations to commence ; in that high work , for the great fiat fixt , no hand like his , the sovereign elements mixt . this fam'd gamaliel in the great state-schools , thus by unerring prudence sacred rules , no wonder , on that card'nal hinge he mov'd ; in pow'r-craft skill'd , that bold arts-master prov'd : the great performing part he had study'd thro' , and no less learnt the greater duty too . the publick spirit , and the active soul , more lively warmth , than e're prometheus stole , those champions both of earth and heav'n's just right , bound by their great indenture tripatite , their equally divided faith must bring , betwixt their god , their country , and their king. in pow'r and trust , thro' his whole life's long scene , never did honour wear a hand more clean : he from the israel prophet's copy drew ; the suppliant naaman for his grace might sue . distress , 't is true , his succour ne'r cou'd lack — but then her laded chariots must go back . no syrian bribe was on his shoulders worn ; that tainted robe such truth and virtue scorn . thus , like the eden pair , why is truth drawn a naked beauty , in transparent lawn ? yes , 'till her innocence , for imp'ious gold , that tempting , false hesperian apple , sold ; 't is from that fall , original blushes came ; 't was then she wanted fig-leaves for her sh●me . a bribe ! that most loath'd thought ! ev'n his whole roof , his humblest menials , that temptation-proof , ( so fair their leading lord's example stands ) oblige with frank full hearts , but empty hands . his favours in that generous current run , as providence vouchsafes her rain and sun. his favours cheaper ev'n than heav'n's conferr'd : for , though , like heav'n , th' imploring pray'r he heard ; yet no thanksgiving offrings return'd : to his kind grace , no gumms nor incense burn'd . ay , and 't was nobly brave ! what can more high , than an vnmercinary greatness fly ? if ought his obligations must defray , he rather chose that heav'n , than man should pay : yes , with a fair ambition , just disdain , scorn'd less than jove , his golden show'rs shou'd rain ▪ and well so high , that fair ambition tow'r'd ; for hallifax so scorn'd and jove , so show'r'd : whil'st that vast affluence warm'd his fruitful soyl , 'till his rich glebe , and loaded harvest pile , with that increase ▪ that milky canaan flow'd : prosperity thus reap'd , where virtue sow'd . nature and fortune , here , both rivals join'd , which to their darling hallifax , more kind , should heap the ampler mass : nature her more refin'd , and fortune in her cours●r oar. the world but smil'd , where heav'n had smil'd before . great blessings , when by greater merit shar'd , ( not providence's gift , but her reward , ) are all heav'n's fairest blazon ▪ noblest pride ; th' eternal dispensation justifi'd . the righteous distribution ought no less : so great 't is to deserve , and then possess . nor in proud courts , nor states alone , that great dictator ! ev'n in the despotic seat ▪ in his own narrower domestic sway , his houshold sweat penates deckt so gay ; to vice , like hannabal to rome , that sworn eternal foe ; and virtue 's champion born : to his own filial nursery , so kind a father , with those leading lights , he shin'd : honovr , so lovely by that pencil drawn , the early phosphor to their morning dawn : so fam'd his equally paternal care ▪ t' instruct the great , and to adorn the fair. thus beauty's toilet spread so all divine , her cabinet jems so furnisht from that mine ; the virgin , and the bridal coronet , were , by kind hallifax , so richly set ; virtue and innocence at that full view , as ev'n th' original eden lanschape drew : all her whole hierarchy of graces ; not one least enamell'd heav'nly spark forgot ; each star in the whole feminine renown , from , cassiopaea's chair , to ariadne's crown . in the rich furniture of that fair mind , those dazling intellectual graces shin'd , to draw the love and homage of mankind ; nothing cou'd more than his firm friendship charm : cheerful , as bridal-songs ; as south-suns , warm ; and fixt , as northern-stars : when e're he daign'd the solemn honour of his plighted hand , he stood a more than second pylades ; vnshaken , as immutable decrees . but whilst these vast perfections i recount , the heights to which those soaring glories mount : my muse thus rapt into that cheerful sphear ; is this her wailing dirge ? her funeral tear ? for his sad death , to draw his glorious life ! paint lights for shades , and ecstocies for grief ! are these the melancholy rites she brings , fit ayrs to tune the mournful theme she sings ! yes , the true mouruer's in th' historian play'd : what 's present grief , but past delight display'd ? counting what once was ours , we need no more : to sum th' enjoyment , does the loss deplore . besides , what all our sable cavalcade , to the great dead , our darkest funeral shade ? t' illustrious virtue , grief 's an easy debt ; her glorious amulet but cheaply set : she finds the diamond , and we the jet . when learning , wisdom , eloquence , expire , and the great souls , ( sparks of celestial fire ) back to their elemental sourse retire : to such rich dust , in vain we pyramids rear ; for mausoloeum's are but pageants there . what 's a poor short-liv'd pile of crumbling earth , a mould'ring tomb , t' apollinary worth ? worth , that so far from such a narrow bound , spreads a large field ! moves th' vniversal round ! fills every tongue ! thus what no vrn contains , the world 's the casket to those great remains . nor let poetick vanity rehearse her boasted dreams , her miracles of verse : think , in some poor recorded epitaph , that shallow page of brass , or marble leaf ; or in some more voluminous folio pile , a davideis , or arthur's sweating toil , some sacred worthy's deathless fame t' enstal ; rais'd by her lyres , like the old theban wall. no ; when great names ne'r dye that work alone , is all a fair creation of their own. true glory shines by her own lighted beam : 't is not the muses's song , but muse's theam : when in great hallifax , wit 's pantheon fell , and death now husht that silenc'd oracle ; from fair eliza's hallowed helicon-walls , methinks , i hear a fatal summon calls : when , lo ! the delphick seer , that reverend bard of sacred literature's rich fount , prepar'd th' expiring hallifax , in death to wait . — no less attendant on his funeral state , fate to that ever honour'd head cou'd owe : learning it self must shake , at such a blow . but , tho' with all this mine of learning stor'd ; he liv'd , and dy'd , no niggard of that hoard : witness his own long pious founded piles , where nurtur'd arts , by his auspicious smiles , tune their young voices to the muse's song , nerv'd by his hand to books , and virtue , strong . thus , as th' old israel patriarch , to his once illustrious twelve ▪ he to his hundred sons ▪ his fruitful charity 's adopted race , ( with all his tenderest diffusive grace , ) doals , with a true paternal glory crown'd , his living and his dying blessing round . yes , from that hand , the scatter'd bread must fall ; he furnishes those numerous pencils , all to copy from his great original : resolv'd , if possible , resolv'd t' inspire , to this young nursery , his cherisht choire , his own rich soul , their transmigated fire . but , why ( if 't is not a too bold offence , to dare expostulate with omnipotence , ) why should prodigious worth , from th' orb it warm'd , snatch'd from the soyl it cherisht , eyes it charm'd from its deserted charge , unkindly fly , quit th' earth it blest , impoverish worlds , and dye ? no , the kind heav'ns , in mercy , to rebate that mighty loss , the too keen edge of fate , have circled virtue in a fence so high , as stands so safe , it knows not how to die ; but founds its own proud immortality . for , as some lofty ceder , long had stood the land-mark of the plain , and glory of the wood ; till the dread voice of fate , heav'n's angry blast , the bolt of the destroying thunder cast , all the tall pride lies fal'n . — yet still some shoot , some tender scyen from the sacred root , by it's nutrimental parent - succours fed , springs , grows , spreads , flourishes ; till th' uprear'd head , do's t' all its great original heights improve , a second pearch for the fair bird of jove . so may great hallifax himself survive ; thus fall , and thus his deathless virtues live : live in his fair succession , ever blest ; whil'st honour builds it own rich phaenix nest . the lady's new-year's-gift : or , advice to a daughter . dear daughter , i find , that even our most pleasing thoughts will be unquiet ; they will be in motion ; and the mind can have no rest whilst it is possess'd by a darling passion . you are at present the chief object of my care , as well as of my kindness , which sometimes throweth me into visions of your being happy in the world , that are better suited to my partial wishes , than , to my reasonable hopes for you . at other times , when my fears prevail , i shrink as if i was struck , at the prospect of danger , to which a young woman must be expos'd . by how much the more lively , so much the more liable you are to be hurt ; as the finest plants are the soonest nipped by the frost . whilst you are playing full of innocence , the spitefull world will bite , except you are guarded by your caution . want of care therefore , my dear child , is never to be excus'd ; since , as to this world , it hath the same effect as want of vertue . such an early sprouting wit requireth so much the more to be sheltred by some rules , like something strew'd on tender flowers to preserve them from being blasted . you must take it well to be prun'd by so kind a hand as that of a father . there may be some bitterness in meer obedience : the natural love of liberty may help to make the commands of a parent harder to go down : some inward resistance there will be , where power and not choice maketh us move . but when a father layeth aside his authority , and persuadeth only by his kindness , you will never answer it to good nature , if it hath not weight with you . a great part of what is said in the following discourse may be above the present growth of your understanding ; but that becoming every day taller , will in a little time reach up to it , so as to make it easie to you . i am willing to begin with you before your mind is quite form'd , that being the time in which it is most capable of receiving a colour that will last when it is mix'd with it . few things are well learnt , but by early precepts : those well infus'd , make them natural ; and we are never sure of retaining what is valuable , till by a continued habit we have made it a piece of us . whether my skill can draw the picture of a fine woman , may be a question : but it can be none , that i have drawn that of a kind father : if you will take an exact copy , i will so far presume upon my workmanship , as to undertake you shall not make an ill figure . give me so much credit as to try , and i am sure that neither your wishes nor mine shall be disappointed by it . religion . the first thing to be confidered , is religion . it must be the chief object of your thoughts , since it would be a vain thing to direct your behaviour in the world , and forget that which you are to have towards him who made it . in a strict sense , it is the only thing necessary : you must take it into your mind , and from thence throw it into your heart , where you are to embrace it so close as never to lose the possession of it . but then it is necessary to distinguish between the reality and the pretence . religion doth not consist in believing the legend of the nursery , where children with their milk are fed with the tales of witches , hobgoblings , prophecies , and miracles . we suck in so greedily these early mistakes , that our riper vnderstanding hath much ado to cleanse our minds from this kind of trash : the stories are so entertaining , that we do not only believe them , but relate them ; which makes the discovery of the truth somewhat grievous , when it makes us lose such a field of impertinence , where we might have diverted our selves , besides the throwing some shame upon us for having ever received them . this is making the world a jest , and imputing to god almighty , that the province he assigneth to the devil , is to play at blindmans-busf , and shew tricks with mankind ; and is so far from being religion , that it is not sense , and hath right only to be call'd that kind of devotion , of which ignorance is the undoubted mother , without competition or dispute . these mistakes are therefore to be left off with your hanging sleeves ; and you ought to be as much out of countenance to be found with them about you , as to be seen playing with babies at an age when other things are expected from you . the next thing to be observ'd to you , is , that religion doth as little consist in loud answers and devout convulsions at church , or praying in an extraordinary manner . some ladies are so extream stirring at church , that one would swear the worm in their conscience made them so unquiet . others will have such a divided face between a devout goggle and an inviting glance , that the unnatural mixture maketh even the best looks to be at that time ridiculous . these affected appearances are ever suspected , like very strong perfumes , which are generally thought no very good symptoms in those that make use of them . let your earnestness therefore be reserv'd for your closet , where you may have god almighty to your self : in publick be still and calm , neither undecently careless , nor affected in the other extream . it is not true devotion , to put on an angry zeal against those who may be of a differing persuasion . partiality to our selves makes us often mistake it for a duty , to fall hard upon others in that case ; and being push'd on by self-conceit , we strike without mercy , believing that the wounds we give are meritorious , and that we are fighting god almighty's quarrel ; when the truth is , we are only setting out our selves . our devotion too often breaketh out into that shape which most agreeth with our particular temper . the cholerick grow into a hardned severity against all who dissent from them ; snatch at all the texts of scripture that suit with their complexion ; and because god's wrath was some time kindled , they conclude , that anger is a divine vertue ; and are so far ●rom imagining their ill natur'd zeal requireth an apology , that they value themselves upon it , and triumph in it . others , whose nature is more credulous than ordinary , admit no bounds or measure to it ; they grow as proud of extending their faith , as princes are of enlarging their dominions ; not considering that our faith , like our stomach , is capable of being over-charg'd ; and that as the last is destroy'd by taking in more than it can digest , so our reason may be extinguish'd by oppressing it with the weight of too many strange things ; especially if we are forbidden to chew what we are commanded to swallow . the melancholy and the sullen are apt to place a great part of their religion in dejected or ill-humour'd looks , putting on an unsociable face , and declaiming against the innocent entertainments of life , with as much sharpness as they could bestow upon the greatest crimes . this generally is only a vizard , there is seldom any thing real in it . no other thing is the better for being sowre ; and it would be hard that religion should be so , which is the best of things . in the mean time it may be said with truth , that this surly kind of devotion hath perhaps done little less hurt in the world , by frighting , than the most scandalous examples have done by infecting it . having told you , in these few instances , to which many more might be added , what is not true religion ; it is time to describe to you , what is so . the ordinary definitions of it are no more like it , than the common sign-posts are like the princes they would represent . the unskilful dawbers in all ages have generally laid on such ill colours , and drawn such harsh lines , that the beauty of it is not easily to be discerned : they have put in all the forbiddng features that can be thought of ; and in the first place , have made it an irreconcilable enemy to nature ; when , in reality , they are not only friends , but twins , born together at the same time ; and it is doing violence to them both , to go about to have them separated . nothing is so kind and so inviting as true and unsophisticated religion : instead of imposing unnecessary burdens upon our nature , it easeth us of the greater weight of our passions and mistakes : instead of subduing us with rigour , it redeemeth us from the slavery we are in to our selves , who are the most severe masters , whilst we are under the usurpation of our appetites let loose and not restrain'd . religion is a chearful thing , so far from being always at cuffs with good humour , that it is inseparably united to it . nothing unpleasant belongs to it , though the spiritual cooks have done their unskilful part to give an ill relish to it . a wise epicure would be religious for the sake of pleasure ; good sense is the foundation of both ; and he is a bungler who aimeth at true luxury , but where they are join'd . religion is exalted reason , refin'd and sisted from the grosser parts of it : it dwelleth in the upper region of the mind , where there are fewest clouds or mists to darken or offend it : it is both the foundation and the crown of all vertues : it is morality improv'd and rais'd to its height , by being carried nearer heaven , the only place where perfection resideth . it cleanseth the vnderstanding , and brusheth off the earth that hangeth about our souls . it doth not want the hopes and the terrors which are made use of to support it ; neither ought it to descend to the borrowing any argument out of it self , since there we may find every thing that should invite us . if we were to be hired to religion , it is able to out-bid the corrupted world , with all it can offer to us , being so much the richer of the two , in every thing where reason is admitted to be a judge of the value . since this is so , it is worth your pains to make religion your choice , and not make use of it only as a refuge . there are ladies , who finding by the too visible decay of their good looks , that they can shine no more by that light , put on the varnish of an affected devotion , to keep up some kind of figure in the world. they take sanctuary in the church , when they are pursued by growing contempt which will not be stopt , but followeth them to the altar . such late penitence is only a disguise for the tormenting grief of being no more handsome . that is the killing thought which draweth the sighs and tears , that appear outwardly to be applied to a better end . there are many who have an aguish devotion , hot and cold fits , long intermissions , and violent raptures . this unevenness is by all means to be avoided . let your method be a steady course of good life , that may run like a smooth stream , and be a perpetual spring to furnish to the continued exercise of vertue . your devotion may be earnest , but it must be unconstrained ; and like other duties , you must make it your pleasure too , or else it will have very little efficacy . by this rule you may best judge of your own heart . whilst those duties are joys , it is an evidence of their being sincere ; but when they are a penance , it is a sign that your nature maketh some resistance ; and whilst that lasteth , you can never be entirely secure of your self . if you are often unquiet , and too nearly touch'd by the cross accidents of life , your devotion is not of the right standard there is too much allay in it . that which is right and unmixt , taketh away the sting of every thing that would trouble you : it is like a healing balm , that extinguisheth the sharpness of the bloud ; so this softeneth and dissolveth the anguish of the mind . a devout mind hath the privilege of being free from passions , as some climates are from all venomous kind of creatures . it will raise you above the little vexations to which others for want of it , will be expos'd , and bring you to a temper , not of stupid indifference , but of such a wise resignation , that you may live in the world , so as it may hang about you like a loose garment , and not tied too close to you . take heed of running into that common error , of applying god's judgments upon particular occasions . our weights and measures are not competent to make the distribution either of his mercy or his justice : he hath thrown a veil over these things , which makes it not only an impertinence , but a kind of sacrilege , for us to give sentence in them without his commission . as to your particular faith , keep to the religion that is grown up with you , both as it is the bed in it self , and that the reason of staying in it upon that ground is somewhat stronger for your sex , than it will perhaps be allow'd to be for ours ; in respect that the voluminous enquiries into the truth , by reading , are less expected from you . the best of books will be direction enough to you not to change ; and whilst you are fix'd and sufficiently confirm'd in your own mind , you will do best to keep vain doubts and scruples at such a distance that they may give you no disquiet . let me recommend to you a method of being rightly inform'd , which can never fail : it is in short this . get vnderstanding , and practise vertue and if you are ●o blessed as to have those for your share , it is not surer that there is a god , than it is , that by him all necessary truths will be revealed to you . hvsband . that which challengeth the place in your thoughts , is how to live with a husband . and though that is so large a word , that few rules can be fix'd to it which are unchangeable , the methods being as various as the several tempers of men to which they must be suited ; yet i cannot omit some general observations , which , with the help of your own may the better direct you in the part of your life upon which your happiness most dependeth . it is one of the disadvantages belonging to your sex , that young women are seldom permitted to make their own choice ; their friends care and experience are thought safer guides to them , than their own fancies ; and their modesty often forbiddeth them to refuse when their parents recommend , though their inward consent may not entirely go along with it . in this case there remaineth nothing for them to do , but to endeavour to make that easie which falleth to their lot , and by a wise use of every thing they may dislike in a husband ▪ turn that by degrees to be very supportable , which , if neglected , might in time beget an aversion . you must first lay it down for a foundation in general ▪ that there is inequality in the sexes , and that for the better oeconomy of the world , the men , who were to be the law-givers , had the larger share of reason bestow'd upon them ; by which means your sex is the better prepar'd for the compliance that is necessary for the better performance of those duties which teem to be most properly assign'd to it . this looks a little uncourtly at the first appearance ; but upon examination it will be found , that nature is so far from being unjust to you , that she is partial on our side . she hath made you such large amends by other advantages , for the seeming injustice of the first distribution , that the right of complaining is come over to our sex. you have it in your power not only to free your selves , but to subdue your masters , and without violence throw both their natural and legal authority . at your feet . we are made of differing tempers , that our defects may the better be mutually supplied : your sex wanteth our reason for your conduct , and our strength for your protection : ours wanteth your gentleness to soften , and to entertain us . the first part of our life is a good deal subjected to you in the nursery , where you reign without competition , and by that means have the advantage of giving the first impressions . afterwards you have stronger influences , which , well manag'd , have more force in your behalf , than all our privileges and jurisdictions can pre●end to have against you . you have more strength in your looks , than we have in our laws , and more power by your tears , than we have by our arguments . it is true , that the laws of marriage , run in a harsher stile towards your sex. obey is an ungenteel word , and less easie to be digested , by making such an unkind distinction in the words of the contract , and so very unsuitable to the excess of good manners , which generally goes before it . besides , the universality of the rule seemeth to be a grievance , and it appeareth reasonable , that there might be an exemption for extraordinary women , from ordinary rules , to take away the just exception that lieth against the false measure of general equality . it may be alledged by the counsel retained by your sex , that as there is in all other laws , an appeal from the letter to the equity , in cases that require it ▪ it is as reasonable , that some court of a larger . jurisdiction might be erected , where some wives might resort and plead specially . and in such instances where nature is so kind , as to raise them above the level of their own sex , they might have relief , and obtain a mitigation in their own particular , of a sentence which was given generally against woman kind . the causes of separation are now so very course , that few are confident enough to buy their liberty at the price of having their modesty so exposed . and for disparity of minds , which above all other things requireth a remedy , the laws have made no provision ; so little refin'd are numbers of men , by whom they are compil'd . this and a great deal more might be said to give a colour to the complaint . but the answer to it , in short is , that the institution of marriage is too sacred to admit a liberty of objecting to it ; that the supposition of yours being the weaker sex , having without all doubt a good foundation , maketh it reasonable to subject it to the masculine dominion ; that no rule can be so perfect , as not to admit some exceptions ; but the law presumeth there would be so few found in this case , who would have a sufficient right to such a privilege , that it is safer some injustice should be conniv'd at in a very few instances , than to break into an establishment , upon which the order of humane society doth so much depend . you are therefore to make your best of what is settled by law and custom , and not vainly imagine , that it will be changed for your sake . but that you may not be discouraged , as if you lay under the weight of an incurable grievance , you are to know , that by a wise and dexterous conduct , it will be in your power to relieve your self from any thing that looketh like a disadvantage in it . for your better direction , i will give a hint of the most ordinary causes of dissatisfaction between man and wife , that you may be able by such a warning to live so upon your guard , that when you shall be married , you may know how to cure your husband 's mistakes , and to prevent your own . first then , you are to consider , you live in a time which hath rendred some kind of frailties so habitual , that they lay claim to large grains of allowance . the world in this is somewhat unequal , and our sex seemeth to play the tyrant in distinguishing partially for our selves , by making that in the utmost degree criminal in the woman , which in a man passeth under a much gentler censure . the root and the excuse of this injustice is the preservation of families from any mixture which may bring a blemish to them : and whilst the point of honour continues to be so plac'd , it seems unavoidable to give your sex , the greater share of the penalty . but if in this it lieth under any disadvantage , you are more than recompens'd , by having the honour of families in your keeping . the consideration so great a trust must give you , maketh full amends ; and this power the world hath lodged in you , can hardly fail to restrain the severity of an ill husband , and to improve the kindness and esteem of a good one . this being so , remember , that next to the danger , of committing the fault your self , the greatest is that of seeing it in your husband . do not seem to look or hear that way : if he is a man of sense , he will reclaim himself ; the folly of it , is of it self sufficient to cure him : if he is not so , he will be provok'd , but not reform'd . to expostulate in these cases , looketh like declaring war , and preparing reprisals ; which to a thinking husband would be a dangerous reflexion . besides , it is so course a reason which will be assign'd for a lady 's too great warmth upon such an occasion , that modesty no less than prudence ought to restrain her ; since such an undecent complaint makes a wife much more ridiculous , than the injury that provoketh her to it . but it is yet worse , and more unskilful , to blaze it in the world , expecting it should rise up in arms to take her part : whereas she will find , it can have no other effect , than that she will be served up in all companies , as the reigning jest at that time ; and will continue to be the common entertainment , till she is rescu'd by some newer folly that cometh upon the stage , and driveth her away from it . the impertinence of such methods is so plain , that it doth not deserve the pains of being laid open . be assur'd , that in these cases your discretion and silence will be the most prevailing reproof . an affected ignorance , which is seldom a vertue , is a great one here : and when your husband seeth how unwill●ng you are to be uneasie , there is no stronger argument to perswade him not to be unjust to you . besides , it will naturally make him more yielding in other things : and whether it be to cover or redeem his offence , you may have the good effects of it whilst it lasteth , and all that while have the most reasonable ground that can be , of presuming , such a behaviour will at last entirely convert him . there is nothing so glorious to a wife , as a victory so gain'd : a man so reclaim'd , is for ever after subjected to her vertue ; and her bearing for a time , is more than rewarded by a triumph that will continue as long as her life . the next thing i will suppose , is , that your husband may love wine more than is convenient . it will be granted , that though there are vices of a deeper dye , there are none that have greater deformity than this , when it is not restrain'd : but with all this , the same custom which is the more to be lamented for its being so general , should make it less uneasie to every one in particular who is to suffer by the effects of it : so that in the first place , it will be no new thing if you should have a drunkard for your husband ; and there is by too frequent examples evidence enough , that such a thing may happen , and yet a wife may live too without being miserable . self-love dictateth aggravating words to every thing we feel ; ruine and misery are the terms we apply to whatever we do not like , forgetting the mixture allotted to us by the condition of human life , by which it is not intended we should be quite exempt from trouble . it is fair , if we can escape such a degree of it as would oppress us , and enjoy so much of the pleasant part as may lessen the ill taste of such things as are unwelcome to us . every thing hath two sides , and for our own ease we ought to direct our thoughts to that which may be least liable to exception . to sall upon the worst side of a drunkard , giveth so unpleasant a prospect , that it is not possible to dwell upon it . let us pass then to the more favourable part , as far as a wife is concern'd in it . i am tempted to say ( if the irregularity of the expression could in strictness be justified ) that a wife is to thank god her husband hath faults . mark the seeming paradox my dear , for your own instruction , it being intended no further . a husband without faults is a dangerous observer ; he hath an eye so piercing , and seeth every thing so plain , that it is expos'd to his full censure . and though i will not doubt but that your vertue will disappoint the sharpest enquiries ; yet few women can bear the having all they say or do represented in the clear glass of an understanding without faults . nothing softneth the arrogance of our nature , like a mixture of some frailties . it is by them we are best told , that we must not strike too hard upon others , because we our selves do so often deserve blows : they pull our rage by the sleeve , and whisper gentleness to us in our censures , even when they are rightly applied . the faults and passions of husbands bring them down to you , and make them content to live upon less unequal terms , than faultless men would be willing to stoop to ; so haughty is mankind till humbled by common weaknesses and defects , which in our corrupted state contribute more towards the reconciling us to one another , than all the precepts of the philosophers and divines . so that where the errors of our nature make amends for the disadvantages of yours it is more your part to make use of the benefit , than to quarrel at the fault . thus in case a drunken husband should fall to your share , if you will be wise and patient , his wine shall be of your side ; it will throw a veil over your mistakes , and will set out and improve every thing you do , that he is pleased with . others will like him less , and by that means he may perhaps like you the more . when after having dined too well , he is received at home without a storm , or so much as a reproaching look , the wine will naturally work out all in kindeness , which a wife must encourage , let it be wrapped up in never so much impertinence . on the other side it would boil up into rage , if the mistaken wife should treat him roughly , like a certain thing called a kind shrew , than which the world , with all its plenty , cannot shew a more senseless , ill-bred , forbidding creature . consider , that where the man will give such frequent intermissions of the use of his reason , the wife insensibly getteth a right of governing in the vacancy , and that raiseth her character and credit in the family , to a higher pitch than perhaps could be done under a sober husband , who never putteth himself into an incapacity of holding the reins . if these are not intire consolations , at least they are remedies to some degree . they cannot make drunkenness a vertue , nor a husband given to it a felicity ; but you will do your self no ill office in the endeavouring , by these means , to make the best of such a lot , in case it should happen to be yours , and by the help of a wise observation , to make that very supportable , which would otherwise be a load that would oppress you . the next case i will put is that your husband may be cholerick or ill-humour'd . to this it may be said , that passionate men generally make amends at the foot of the account . such a man , if he is angry one day without any sense , will the next day be as kind without any reason . so that by marking how the wheels of such a man's head are used to move , you may easily bring over all his passion to your party . instead of being struck down by his thunder , you shall direct it where and upon whom you shall think it best applied . thus are the strongest poisons turn'd to the best remedies ; but then there must be art in it , and a skilful hand , else the least bungling maketh it mortal . there is a great deal of nice care requisite to deal with a man of this complexion . choler proceedeth from pride , and maketh a man so partial to himself that he swelleth against contradiction ; and thinketh he is lessened if he is opposed . you must in this case take heed of increasing the storm by an unwary word , or kindling the fire whilst the wind is in a corner which may blow it in your face : you are dextrously to yield every thing till he beginneth to cool , and then by slow degrees you may rise and gain upon him : your gentleness well timed , will , like a charm , dispel his anger ill placed ; a kind smile will reclaim , when a shrill pettish answer would provoke him ; rather than fail upon such occasions , when other remedies are too weak , a little flattery may be admitted , which by being necessary , will cease to be criminal . if ill. humour and sullenness , and not open and sudden heat is his disease , there is a way of treating that too , so as to make it a grievance to be endured . in order to if , you are first to know , that naturally good sense hath a mixture of surly in it : and there being so much folly in the world , and for the most part so triumphant , it giveth frequent temptations to raise the spleen of men who think right . therefore that which may generally be call'd ill-humour , is not always a fault ; it becometh one when either it is wrong applied , or that it is continued too long , when it is not so : for this reason you must not too hastily fix an ill name upon that which may perhaps not deserve it ; and though the case should be , that your husband might too sowerly resent any thing he disliketh , it may so happen , that more blame shall belong to your mistake , than to his ill-humour . if a husband behaveth himself sometimes with an indifference that a wife may think offensive , she is in the wrong to put the worst sence upon it , if by any means it will admit a better . some wives will call it ill-humour if their husbands change their style from that which they used whilst they made their first addresses to them : others will allow no intermission or abatement in the expressions of kindness to them , not enough distinguishing times , and forgetting that it is impossible for men to keep themselves up all their lives to the height of some extravagant moments . a man may at some times be less careful in little things , without any cold or disobliging reason for it ; as a wife may be too expecting in smaller matters , without drawing upon her-self the inference of being unkind . and if your husband should be really sullen , and have such frequent fits , as might take away the excuse of it , it concerneth you to have an eye prepared to discern the first appearances of cloudy weather , and to watch when the fit goeth off , which seldom lasteth long if it is let alone . but whilst the mind is sore , every thing galleth it , and that maketh it necessary to let the black humour begin to spend it self ▪ before you come in and venture to undertake it . if in the lottery of the world you should draw a covetous husband , i confess it will not make you proud of your good luck ; yet even such a one may be endured too , though there are few passions more untractable than that of avarice . you must first take care that your definition of avarice may not be a mistake . you are to examine every circumstance of your husband's fortune , and weigh the reason of every thing you expect from him before you have right to pronounce that sentence . the complaint is now so general against all husbands , that it giveth great suspicion of its being often ill-grounded ; it is impossible they should all deserve that censure , and therefore it is certain , that it is many times misapplied . he that spareth in every thing is an inexcusable niggard ; he that spareth in nothing is as inexcusable a madman . the mean is , to spare in what is least necessary , to lay out more liberally in what is most required in our several circumstances . yet this will not always satisfie . there are wives who are impatient of the rules of oecomomy , and are apt to call their husband's kindness in question , if any other measure is put to their expence than that of their own fancy . be sure to avoid this dangerous error , such a partiality to your self ▪ which is so offensive to an understanding man , that he will very ill bear a wife's giving her self such an injurious preference to all the family , and whatever belongeth to it . but to admit the worst , and that your husband is really a close-handed wretch , you must in this , as in other cases , endeavour to make it less afflicting to you ; and first you must observe seasonable hours of speaking . when you offer any thing in opposition to this reigning humour , a third hand and a wise friend , may often prevail more than you will be allowed to do in your own cause . sometimes you are dexterously to go along with him in things , where you see that the niggardly part of his mind is most predominant , by which you will have the better opportunity of perswading him in things where he may be more indifferent . our passions are very unequal , and are apt to be raised or lessened , according as they work upon different objects ; they are not to be stopped or restrained in those things where our mind is more particularly engaged . in other matters they are more tractable , and will sometimes give reason a hearing , and admit a fair dispute . more than that , there are few men , even in this instance of ava●ice , so intirely abandoned to it , that at some hours , and upon some occasions , will not forget their natures , and for that time turn prodigal . the same man who will grudge himself what is necessary , let his pride be raised and he shall be profuse ; at another time his anger shall have the same effect ; a fit of vanity , ambition , and sometimes of kindness , shall open and inlarge his narrow mind ; a dose of wine will work upon this tough humor , and for the time dissolve it . your busness must be , if this case happeneth , to watch these critical moments , and not let one of them slip without making your advantage of it ; and a wife may be said to want skill , if by these means she is not able to secure her self in a good measure against the inconveniences this scurvy quality in a husband might bring upon her , except he should be such an incurable monster , as i hope will never fall to your share . the last supposition i will make , is , that your husband should be weak and incompetent to make use of the privileges that belong to him . it will be yielded , that such a one leaveth room for a great many objections . but god almighty seldom sendeth a grievance without a remedy , or at least such a mitigation as taketh away a great part of the sting , and the smart of it . to make such a misfortune less heavy you are first to bring to your observation , that a wife very often maketh better figure , for her husband 's making no great one : and there seemeth to be little reason , why the same lady that chuseth a waiting-woman with worse looks , may not be content with a husband with less wit ; the argument being equal from the advantage of the comparison . if you will be more ashamed in some cases , of such a husband , you will be less afraid than you would perhaps be of a wise one . his vnseasonable weakness may no doubt sometimes grieve you , but then set against this , that it giveth you the dominion , i● you will make the right use of it . it is next to his being dead , in which case the wife hath right to administer ; therefore be sure , if you have such an idiot , that none , except your self , may have the benefit of the forfeiture ; such a fool is a dangerous beast , if others have the keeping of him ; and you must be very undexterous if when your husband shall resolve to be an ass , you do not take care he may be your ass . but you must go skilfully about it and above all things , take heed of distinguishing in publick , what kind of husband he is : your inward thoughts must not hinder the outward payment of the consideration that is due to him : your slighting him in company , besides that it would , to a discerning by stander , give too great encouragement for the making nearer applications to you , is in it self such an undecent way of assuming , that it may provoke the tame creature to break loose , and to shew his dominion for his credit , which he was content to forget for his ease . in short , the surest and the most approved method will be to do like a wise minister to an easie prince ; first give him the orders you afterwards receive from him . with all this , that which you are to pray for , is a wise husband , one that by knowing how to be a master , for that very reason will not let you feel the weight of it ; one whose authority is so soften'd by his kindness , that it giveth you ease without abridging your liberty ; one that will return so much tenderness for your just esteem of him , that you will never want power , though you will seldom care to use it . such a husband is as much above all the other kinds of them , as a rational subjection to a prince , great in himself , is to be preferr'd before the disquiet and uneasiness of vnlimited liberty . before i leave this head , i must add a little concerning your behaviour to your husband's friends , which requireth the most refined part of your understanding to acquit your self well of it . you are to study how to live with them with more care than you are to apply to any other part of your life ; especially at first , that you may not stumble at the first setting out . the family into which you are grafted will generally be apt to expect , that like a stranger in a foreign country , you should conform to their methods , and not bring in a new model by your own authority the friends in such a case are tempted to rise up in arms as against an unlawful invasion , so that you are with the utmost caution to avoid the least appearances of any thing of this kind . and that you may with less difficulty afterwards give your directions , be sure at first to receive them from your husband's friends . gain them to you by early applying to them , and they will be so satisfied , that as nothing is more thankful than pride , when it is complied with , they will strive which of them shall most recommend you ; and when they have helped you to take root in your husband 's good opinion , you will have less dependence upon theirs , though you must not neglect any reasonable means of preserving it . you are to consider , that a man govern'd by his friends , is very easily inflamed by them ; and that one who is not so , will yet for his own sake expect to have them consider'd . it is easily improved to a point of honour in a husband , not to have his relations neglected ; and nothing is more dangerous , than to raise an objection , which is grounded upon pride : it is the most stubborn and lasting passion we are subject to , and where it is the first cause of the war , it is very hard to make a secure peace . your caution in this is of the last importance to you . and that you may the better succeed in it , carry a strict eye upon the impertinence of your servants ; take heed that their ill-humour may not engage you to take exceptions , or their too much assuming i● small matters , raise consequences which may bring you under great disadvantage . remember that in the case of a royal bride , those about her are generally so far suspected to bring in a foreign interest , that in most countries they are insensibly reduced to a very small number , and those of so low a figure , that it doth not admit the being jealous of them . in little and in the proportion , this may be the case of every new married woman , and therefore it may be more adviseable for you , to gain the servants you find in a family , than to tie your self too fast to those you carry into it . you are not to overlook these small reflections , because they may appear low and inconsiderable ; for it may be said , that as the greatest streams are made up of the small drops at the head of the springs from whence they are derived , so the greater circumstances of your life , will be in some degree directed by these seeming trifles , which having the advantage of being the first acts of it , have a greater effect than singly in their own nature they could pretend to . i will conclude this article with my advice , that you would , as much as nature will give you leave , endeavour to forget the great indulgence you have found at home . after such a gentle discipline as you have been under , every thing you dislike will seem the harsher to you . the tenderness we have had for you , my dear , is of another nature , peculiar to kind parents , and differing from that which you will meet wi●h first in any family into which you shall be transplanted ; and yet they may be very kind too , and afford no justifiable reason to you to complain . you must not be frighted with the first appearances of a differing scene ; for when you are used to it , you may like the house you go to , better than that you left ; and your husband's kindness will have so much advantage of ours , that we shall yield 〈◊〉 all competition , and as well as we love you , be very well contented to surrender to such a rival . hovse , family , and children . you must lay before you , my dear ▪ there are degrees of care to recommend your self to the world in the several parts of your life . in many things , though the doing them well may raise your credit and esteem , yet the omission of them would draw no immediate reproach upon you : in others , where your duty is more particularly applyed , the neglect of them is amongst those faults which are not forgiven , and will bring you under a censure , which will be much a heavier thing than the trouble you would avoid . of this kind is the government of your house , family , and children , which ●ince it is the province allotted to your sex , and that the discharging it well , will for that reason be expected from you , if you either desert it out of laziness , or manage it ill for want of skill , instead of a help you will be an incumbrance to the family where you are placed . i must tell you , that no respect is lasting , but that which is produced by our being in some degree useful to those that pay it . where that faileth , the homage and the reverence go along with it , and fly to others where something may be expected in exchange for them . and upon this principle the respects even of the children and the servants will not stay with one that doth not think them worth their care , and the old house-keeper shall make a better figure in the family , than the lady with all her fine cloaths , if she wilfully relinquishes her title to the government . therefore take heed of carrying your good breeding to such a height , as to be good for nothing , and to be proud of it . some think it hath a great air to be above troubling their thoughts with such ordinary things as their house and family ; others dare not admit cares for fear they should hasten wrinkles ? mistaken pride maketh some think they must keep themselves up , and not descend to these duties , which do not seem enough refined for great ladies to be imploy'd in ; forgetting all this while , that it is more than the greatest princes can do , at once to preserve respect , and to neglect their business . no age ever erected altars to insignificant gods ; they had all some quality applied to them to draw worship from mankind ; this maketh it the more unreasonable for a lady to expect to be consider'd , and at the same time resolve not to deserve it . good looks alone will not do ; they are not such a lasting tenure , as to be relied upon ; and if they should stay longer than they usually do , it will by no means be safe to depend upon them : for when time hath abated the violence of the first liking , and that the napp is a little worn off , though still a good degree of kindness may remain , men recover their sight which before might be dazell'd , and allow themselves to object as well as to admire . in such a case , when a husband seeth an empty airy thing sail up and down the house to no kind of purpose , and look as if she came thither only to make a visit . when he findeth that after her emptiness hath been extreme busie about some very senseless thing ▪ she eats her breakfast half an hour before dinner , to be at greater liberty to afflict the company with her discourse ; then calleth for her coach , that she may trouble her acquaintance , who are already cloy'd with her : and having some proper dialogues ready to display her foolish eloquence at the top of the stairs , she setteth out like a ship out of the harbour , laden with trifles and cometh back with them : at her return she repeateth to her faithful waiting woman , the triumphs of that day's impertinence ; then wrap'd up in flattery and clean linen , goeth to bed so satisfied , that it throweth her into pleasant dreams of her own felicity . such a one is seldom serious but with her taylor ; her children and family may now and then have a random thought , but she never taketh aim but at something very impertinent . i say , when a husband , whose province is without doors , and to whom the oeconomy of the house would be in some degree indecent , findeth no order nor quiet in his family , meeteth with complaints of all kinds springing from this root ; the mistaken lady , who thinketh to make amends for all this , by having a well-chosen petty coat , will at last be convinced of her error , and with grief be forced to undergo the penalties that belong to those who are willfully insignificant . when this scurvy hour cometh upon her , she first groweth angry ; then when the time of it is past , would perhaps grow wiser , not remembring that we can no more have wisdom than grace , whenever we think fit to call for it . there are times and periods fix'd for both ; and when they are too long neglected , the punishment is , that they are irrecoverable , and nothing remaineth but an useless grief for the folly of having thrown them out of our power . you are to think what a mean figure a woman maketh , when she is so degraded by her own fault ; whereas there is nothing in those duties which are expected from you , that can be a lessening to you , except your want of conduct makes it so . you may love your children without living in the nursery , and you may have a competent and discreet care of them , with out letting it ▪ break out upon the company , or exposing your self by turning your discourse that way , which is a kind of laying children to the parish , and it can hardly be done any where , that those who hear it will be so forgiving , as not to think they are overcharged with them . a woman's tenderness to her children is one of the least deceitful evidences of the vertue ; but yet the way of expressing it , must be subject to the rules of good breeding : and though a woman of quality ought not to be less kind to them , than mothers of the meanest rank are to theirs , yet she may distinguish her self in the manner , and avoid the course methods , which in women of a lower size might be more excusable . you must begin early to make them love you , that they may obey you . this mixture is no where more necessary than in children . and i must tell you , that you are not to expect returns of kindness from yours , if ever you have any , without grains of allowance ; and yet it is not so much a defect in their good nature , as a shortness of thought in them . their first insufficiency maketh them lean so entirely upon their parents for what is necessary , that the habit of it maketh them continue the same expectations for what is unreasonable ; and as often as they are denied , so often they think they are injured : and whilst their desires are strong , and their reasons yet in the cradle , their anger looketh no farther than the thing they long for and cannot have ; and to be displeased for their own good , is a maxim they are very ●low to understand : so that you may conclude , the first thoughts of your children will have no small mixture of mutiny ; which being so natural , you must not be angry , except you would increase it . you must deny them as seldom as you can , and when there is no avoiding it , you must do it gently ; you must flatter away their ill humour , and take the next opportunity of pleasing them in some other thing , before they either ask or look for it : this will strengthen your authority , by making it soft to them ; and confirm their obedience , by making it their interest . you are to have as strict a guard upon your self amongst your children , as if you were amongst your enemies . they are apt to make wrong inferences , to take encouragement from half words , and misapply what you may say or do , so as either to lessen their duty , or to extend their liberty farther than is convenient . let them be more in awe of your kindness than of your power . and above all , take heed of supporting a favourite child in its impertinence , which will give right to the rest of claiming the same privilege . if you have a divided number , leave the boys to the father 's more peculiar care , that you may with the greater justice pretend to a more immediate jurisdiction over those of your own sex. you are to live so with them , that they may never chuse to avoid you , except when they have offended ; and then let them tremble , that they may distinguish : but their penance must not continue so long as to grow too sowre upon their stomachs , that it may not harden in stead of correcting them : the kind and severe part must have their several turns seasonably applied ; but your indulgence is to have the broader mixture , that love , rather than fear , may be the root of their obedience . your servants are in the next place to be considered ; and you must remember not to fall into the mistake of thinking , that because they receive wages , and are so much inferiour to you , therefore they are below your care to know how to manage them . it would be as good reason for ▪ a master workman to despise the wheels of his engines , because they are made of wood. these are the wheels of your family ; and let your directions be never so faultless , yet if these engines stop or move wrong , the whole order of your house is either at a stand , or discomposed . besides , the inequality which is between you , must not make you forget , that nature maketh no such distinction , but that servants may be looked upon as humble friends , and that returns of kindness and good vsage are as much due to such of them as deserve it , as their service is due to us when we require it . a foolish haughtiness in the style of speaking , or in the manner of commanding them , is in it self very undecent ; besides that it begetteth an aversion in them , of which the least ill effect to be expected , is , that they will be slow and careless in all that is injoyned them : and you will find it true by your experience , that you will be so much the more obeyed as you are less imperious . be not too hasty in giving your orders , not too angry when they are not altogether observed ; much less are you to be loud , and too much disturbed : an evenness in distinguishing when they do well or ill , is that which will make your family move by a rule , and without noise , and will the better set out your skill in conducting it with ease and silence , that it may be like a well disciplin'd army ; which knoweth how to anticipate the orders that are fit to be given them . you are never to neglect the duty of the present hour , to do another thing , which though it may be better in it self , is not to be unseasonably preferred . allot well chosen hours for the inspection of your family , which may be so distinguished from the rest of your time , that the necessary cares may come in their proper place , without any influence upon your good humour , or interruption to other things . by these methods you will put your self in possession of being valued by your servants , and then their obedience will naturally follow . i must not forget one of the greatest articles belonging to a family , which is the expence . it must not be such , as by failing either in the time or measure of it , may rather draw censure than gain applause . if it was well examined , there is more money given to be laughed at , than for any one thing in the world , though the purchasers do not think so . a well-stated rule is like the line , when that is once pass'd we are under another pole ; so the first straying from a rule , is a step towards making that which was before a vertue , to change its nature , and to grow either into a vice , or at least an impertinence . the art of laying out money wise'y , is not attained to without a great deal of thought ; and it is yet more difficult in the case of a wife , who is accountable to her husband for her mistakes in it . it is not only his money , his credit too is at stake , if what lyeth under the wife's care is managed , either with undecent thrift , or too loose profusion . you are therefore to keep the mean between these two extremes , and it being hardly possible to hold the balance exactly even , let it rather incline towards the laberal side as more suitable to your quality , and less subject to reproach . of the two a little money mispent is sooner recovered , than the credit which is lost by having it unhandsomely saved ; and a wise husband will less forgive a shameful piece of parcimony , than a little extravagance , if it be not too often repeated . his mind in this must be your chief direction ; and his temper , when once known , will in great measure , justifie your part in the management , if he is pleased with it . in your clothes avoid too much gaudy ; do not value your self upon an imbroidered gown ; and remember , that a reasonable word , or an obliging look , will gain you more respect , than all your fine trappings . this is not said to restrain you from a decent compliance with the world , provided you take the wiser , and not the foolisher part of your sex for your pattern . some distinctions are to be allowed , whilst they are well suited to your quality and fortune , and in the distribution of the expence , it seemeth to me that a full attendance , and well chosen ornaments for your house , will make you a better figure ▪ than too much glittering in what you wear , which may with more ease be imitated by those that are below you . yet this must not tempt you to starve every thing but your own appartment ; or in order to more abundance there , give just cause to the least servant you have , to complain of the want of what is necessary . above all , fix it in your thoughts , as an unchangeable maxim , that nothing is truly fine but what is fit , and that just so much as is proper for your circumstances of their several kinds , is much finer than all you can add to it . when you once break through these bounds , you launch into a wide sea of extravagance . every thing will become necessary , because you have a mind to it ; and you have a mind to it , not because it is fit for you , but because some body else hath it . this lady's logick fetteth reason upon its head , by carrying the rule from things to persons ; and appealing from what is right to every fool that is in the wrong . the word necessary is miserably applyed , it disordereth families , and overturneth governments by being so abused . remember that children and fools want every thing because they want wit to distinguish : and therefore there is no stronger evidence of a crazy vnderstanding , than the making too large a catalogue of things necessary , when in truth there are so very few things that have a right to be placed in it . try every thing first in your judgment , before you allow it a place in your desire ; else your husband may think it as necessary for him to deny , as it is for you to have whatever is unreasonable : and if you shall too often give him that advantage , the habit of refusing may perhaps reach to things that are not unfit for you . there are unthinking ladies , who do not enough consider , how little their own figure agreeth with the fine things they are so proud of . others when they have them will hardly allow them to be visible ; they cannot be seen without light , and that is many times so sawcy and so prying , that like a too forward gallant it is to be forbid the chamber . some , when you are ushered into their dark ruelle , it is with such solemnity , that a man would swear there was something in it , till the vnskilful lady breaketh silence , and beginneth a chat , which discovereth it is a puppet play with magnificent scenes . many esteem things rather as they are hard to be gotten , than that they are worth getting : this looketh as if they had an interest to pursue that maxim , because a great part of their own value dependeth upon it . truth in these cases would be often unmannerly , and might derogate from the prerogative , great ladies would assume to them selves , of being distinct creatures from those of their sex , which are inferiour , and of less difficult access . in other things too , your condition must give the rule to you , and therefore it is not a wife's part to aim at more than a bounded liberality ; the farther extent of that quality ( otherwise to be commended ) belongeth to the husband , who hath better means for it . generosity wrong placed becometh a vice. it is no more a vertue when it groweth into an inconvenience , vertues must be inlarged or restrained according to differing circumstances . a princely mind will undo a private family : therefore things must be suited , or else they will not deserve to be commended , let them in themselves be never so valuable : and the expectations of the world are best answered when we acquit our selves in that manner which seemeth to be prescribed to our several conditions , without usurping upon those duties , which do not so particularly belong to us . i will close the consideration of this article of expence , with this short word . do not fetter your self with such a restraint in it as may make you remarkable ; but remember that vertue is the greatest ornament , and good sence the best equipage . behaviour and conversation . it is time now to lead you out of your house into the world. a dangerous step ; where your vertue alone will not secure you , except it is attended with a great deal of prudence . you must have both for your guard , and not stir without them . the enemy is abroad , and you are sure to be taken , if you are found stragling . your behaviour is therefore to incline strongly towards the reserved part ; your character is to be immoveably fixed upon that bottom , not excluding a mixture of greater freedom , as far as it may be innocent and well timed . the extravagancies of the age have made caution more necessary ; and by the same reason that the too great licence of ill men hath by consequence in many things restrained the lawful liberty of those who did not abuse it , the unjustifiable freedoms of some of your sex have involved the rest in the penalty of being reduced . and though this cannot so alter the nature of things , as to make that criminal , which in it self is indifferent ; yet if it maketh it dangerous , that alone is sufficient to justifie the restraint . a close behaviour is the fittest to receive vertue for its constant guest , because there , and there only , it can be secure . proper reserves are the outworks , and must never be deserted by those who intend to keep the place ; they keep off the possibilities not only of being taken , but of being attempted ; and if a woman seeth danger tho at never so remote a distance , she is for that time to shorten her line of liberty . she who will allow her self to go to the utmost extent of every thing that is lawful , is so very near going farther , that those who lie at watch , will begin to count upon her . mankind , from the double temptation of vanity and desire , is apt to turn every thing a woman doth to the hopeful side ; and there are few who dare make an impudent application , till they discern something which they are willing to take for an encouragement . it is safer therefore to prevent such forwardness , than to go about to cure it . it gathereth strength by the first allowances , and claimeth a right from having been at any time suffered with impunity . therefore nothing is with more care to be avoided , than such a kind of civility as may be mistaken for invitation ; and it will not be enough for you to keep your self free from any criminal engagements ; for if you do that which either raiseth hopes or createth discourse , there is a spot thrown upon your good name ; and those kind of stains are the harder to be taken out , being dropped upon you by the man's vanity , as well as by the woman's malice . most men are in one sence platonick lovers , though they are not willing to own that character . they are so far philosophers , as to allow , that the greatest part of pleasure lieth in the mind ; and in pursuance of that maxim , there are few who do not place the felicity more in the opinion of the world , of their being prosperous lovers , than in the blessing it self , how much soever they appear to value it . the being so , you must be very cautious not to gratifie these cameleons at the price of bringing a cloud upon your reputation ▪ which may be deeply wounded , tho your conscience is unconcerned . your own sex too will not fail to help the least appearance that giveth a handle ▪ to be ill-turned . the best of them will not be displeased to improve their own value , by laying others under a disadvantage , when there is a fair occasion give for it . it distinguisheth them still the more their own credit is more exalted , and , like a picture set off with shades , shineth more when a lady , either less innocent , or le● discreet is set near , to make them appear so much the brighter . if these lend thei● breath to blast such as are so unwary as to give them this advantage , you may be sure there will be a stronger gale from those , who , besides malice or emulation have an interest too , to strike hard upon a vertuous woman . it seemeth to them , tha● their load of infamy is lessened , by throwing part , of it upon others : so that they will not only improve when it lieth in thei● way , but take pains to find out the least mistake an innocent woman committeth , i● revenge of the injury she doth in leading a life which is a reproach to them . with these you must be extreme wary , and neither provoke them to be angry , nor invite them to be intimate . to the men you are to have a behaviour which may secure you , without offending them . no ill-bred affected shyness , nor a roughness , unsuitable to your sex , and unnecessary to your vertue ; but a way of living that may prevent all course railleries or unmannerly freedoms ; looks that forbid without rudeness , and oblige without invitation , or leaving room for the sawcy inferences men's vanity suggesteth to them upon the least encouragements . this is so very nice , that it must engage you to have a perpetual watch upon your eyes , and to remember , that one careless glance giveth more advantage than a hundred words not enough considered ; the language of the eyes being very much the most significant , and the most observed . your civility , which is always to be preserved , must not be carried to a compliance , which may betray you into irrecoverable mistakes . this french ambiguous word complaisance hath led your sex into more blame , than all other things put together . it carrieth them by degrees into a certain thing called a good kind of woman , an easie idle creature , that doth neither good nor ill but by chance , hath no choice , but leaveth that to the company she keepeth ▪ time , which by degrees addeth to the signification of words , hath made her , according to the modern stile , little better than one who thinketh it a rudeness to deny when civilly required , either her service in person , or her friendly assistance , to those who would have a meeting , or want a confident . she is a certain thing always at hand , an easie companion , who hath ever great compassion for distressed lovers : she censureth nothing but rigor , and is never without a plaister for a wounded reputation , in which chiefly lieth her skill in chirurgery ; she seldom hath the propriety of any particular gallant , but liveth upon brokage , and waiteth for the scraps her friends are content to leave her . there is another character not quite so criminal , yet not less ridiculous ; which is that of a good-humour'd woman , one who thinketh she must always be in a laugh , or a broad smile , because good-humour is an obliging quality ; thinketh it less ill-manners to talk impertinently , than to be silent in company . when such a prating engine rideth admiral , and carrieth the lantern , in a circle of fools , a cheerful concomb coming in for a recruit , the chattering of monkeys is a better noise than such a concert of senceless merriment . if she is applauded in it , she is so encouraged , that , like a ballad singer , who if commanded , breaketh his lungs , she letteth her self loose , and overfloweth upon the company . she conceiveth that mirth is to have no intermission , and therefore she will carry it about with her , though it be to a funeral ; and if a man should put a familiar question , she doth not know very well how to be angry , for then she would be no more that pretty thing called a good humour'd woman . this necessity of appearing at all times to be so infinitely pleased is a grievous mistake ; since in a handsom woman that invitation is unnecessary ; and in one who is not so , ridiculous . it is not intended by this , that you should forswear laughing ; but remember , that fools being always painted in that posture , it may fright those who are wise from doing it too frequently , and going too near a copy which is so little inviting , and much more from doing it loud , which is an unnatural sound and looketh so much like another sex , that few things are more offensive . that boilterous kind of jollity is as contrary to wit and good manners , as it is to modesty and vertue . besides , it is a course kind of quality , that throweth a woman into a lower form , and degradeth her from the rank of those who are more refined . some ladies speak loud and make a noise to be the more minded , which looketh as if they beat their drums for volunteers , and if by misfortune none come in to them , they may , not without reason , be a good deal out of countenance . there is one thing , yet more to be avoided , which is the example of those who intend nothing farther than the vanity of conquest , and think themselves secure of not having their honour tainted by it . some are apt to believe their vertue is too obscure , and not enough known , except it is exposed to a broader light , and set out to its best advantage , by some publick trials . these are dangerous experiments , and generally fail , being built upon so weak a foundation , as that of a too great confidence in our selves . it is as safe to play with fire , as to daily with gallantry . love is a passion that hath friends in the garrison , and for that reason must by a woman be kept at such a distance , that she may not be within the danger of doing the most usual thing in the world which is conspiring against her self : else the humble gallant , who is only admitted as a trophy , very often becometh the conquerour ; he putteth on the style of victory , and from an admirer groweth into a master , for so he may be called from the moment he is in possession . the first resolutions of stopping at good opinion and esteem , grow weaker by degrees against the charms of courtship skilfully applied . a lady is apt to think a man speaketh so much reason whilst he is commending her , that she hath much ado to believe him in the wrong when he is making love to her : and when besides the natural inducements your sex hath to be merciful , she is bribed by well chosen flattery , the poor creature is in danger of being caught like a bird listening to the whilstle of one that hath a snare for it . conquest is so tempting a thing , that it often maketh women mistake men's submissions ; which with all their fair appearance , have generally less , respect than art in them . you are to remember , that men who say extreme fine things , many times say them most for their own sakes ; and that the vain gallant is often as well pleased with his own compliments , as he could be with the kindest answer . where there is not that ostentation you are to suspect there is design , and as strong perfumes are seldom used but where they are necessary to smother an unwelcome scent ; so excessive good words leave room to believe they are strewed to cover something , which is to gain admittance under a disguise . you must therefore be upon your guard , and consider , that of the two , respect is more dangerous than anger . it puts even the best understandings out of their place for the time , till their second thoughts restore them ; it stealeth upon us insensibly , throweth down our defences , and maketh it too late to resist , after we have given it that advantage . whereas railing goeth away in sound ; it hath so much noise in it , that by giving warning it bespeaketh caution . respect is a slow and a sure poison , and like poison swelleth us within our selves . where it prevaileth too much , it groweth to be a kind of apoplexie in the mind , turneth it quite round , and after it hath once seized the understanding , becometh mortal to it . for these reasons , the safest way is to treat it like a sly enemy , and to be perpetually upon the watch against it . i will add one advice to conclude this head , which is that you will let every seven years make some alteration in you towards the graver side , and not be like the girls of fifty , who resolve to be always young , whatever time with his iron teeth hath determined to the contrary . unnatural things carry a deformity in them never to be disguised ; the liveliness of youth in a riper age , looketh like a new patch upon an old gown ; so that a gay matron , a cheerful old fool may be reasonably put into the list of the tamer kind of monsters . there is a certain creature call'd a grave hobby-horse , a kind of a she numps , that pretendeth to be pulled to a play , and must needs go to bartholomew-fair , to look after the young folks , whom she only seemeth to make her care , in reality she taketh them for her excuse . such an old butterfly is of all creatures , the most ridiculous , and the soonest found out . it is good to be early in your caution , to avoid any thing that cometh within distance of such despicable patterns , and not like some ladies , who defer their conversion , till they have been so long in possession of being laughed at , that the world doth not know how to change their style , even when they are reclaimed from that which gave the first occasion for it . the advantages of being reserved are too many to be set down , i will only say , that it is a guard to a good woman , and a disguise to an ill one . it is of so much use to both , that those ought to use it as an artifice , who refuse to practise it as a vertue . friendships . i must in a particular manner recommend to you a strict care in the choice of your friendships . perhaps the best are not without their objections , but however , be sure that yours may not stray from the rules which the wiser part of the world hath set to them . the leagues offensive and defensive , seldom hold in politicks , and much less in friendships . the violent intimacies , when once broken , of which they scarce ever fail , make such a noise ; the bag of secrets untied , they fly about like birds let loose from a cage , and become the entertainment of the town . besides , these great dearnesses by degrees grow injurious to the rest of your acquaintance , and throw them off from you . there is such an offensive distinction when the dear friend cometh into the room , that it is flinging stones at the company , who are not ape to forgive it . do not lay out your friendship too lavishly at first , since it will , like other things , be so much the sooner spent ; neither let it be of too sudden a growth ; for as the plants which shoot up too fast are not of that continuance , as those which take more time for it ; so too swift a progress in pouring out your kindness , is a certain sign that by the course of nature it will not be long-lived . you will be responsible to the world , if you pitch upon such friends as at the time are under the weight of any criminal objection . in that case you will bring your self under the disadvantages of their character , and must bear your part of it . chusing implieth approving ; and if you fix upon a lady for your friend against whom the world shall have given judgment , 't is not so well natur'd as to believe you are altogether averse to her way of living , since it doth not discourage you from admitting her into your kindness . and resemblance of inclinations being thought none of the least inducements to friendship , you will be looked upon at least as a well-wisher if not a partner with her in her faults . if you can forgive them in another , it may be presumed you will not be less gentle to your self ; and therefore you must not take it ill , if you are reckoned a croupiere , and condemned to pay an equal share with such a friend of the reputation she hath lost . if it happeneth that your friend should fall from the state of innocence after your kindness was engaged to her , you may be slow in your belief in the beginning of the discovery : but as soon as you are convinced by a rational evidence , you must , without breaking too roughly , make a far and a quick retreat from such a mistaken acquaintance : else by moving too slowly from one that is so tainted , the contagion may reach you so far as to give you part of the scandal , though not of the guilt . this matter is so nice , that as you must not be too hasty to joyn in the censure upon your friend when she is accused , so you are not on the other side to defend her with too much warmth ; for if she should happen to deserve the report of common fame , besides the vexation that belongeth to such a mistake , you will draw an ill appearance upon your self , and it will be thought you pleaded for her not without some consideration of your self . the anger which must be put on to vindicate the reputation of an injured friend , may incline the company to suspect you would not be so zealous , if there was not a possibility that the case might be your own . for this reason you are not to carry your dearness so far , as absolutely to lose your sight where your friend is concerned . because malice , is too quick sighted , it doth not follow , that friendship must be blind : there is to be a mean between these two extremes , else your excess of good nature may betray you into a very ridiculous figure , and by degrees who may be preferr'd to such offices as you will not be proud of . your ignorance may lessen the guilt , but will improve the jest upon you , who shall be kindly sollicitous to procure a meeting , and innocently contribute to the ills you would avoid : whilest the contriving lovers , when they are alone , shall make you the subject of their mirth , and perhaps ( with respect to the goddess of love be it spoken ) it is not the worst part of their entertainment , at least it is the most lasting , to laugh at the believing friend , who was so easily deluded . let the good sence of your friends be a chief ingredient in your choice of them ; else let your reputation be never so clear , it may be clouded by their impertinence . it is like our houses being in the power of a drunken or a careless neighbour ; only so much worse , as that there will be no insurance here to make you amends , as there is in the case of fire . to conclude this paragraph ; if formality is to be allowed in any instance , it is to be put on to resist the invasion of such forward women as shall press themselves into your friendship , where if admitted , they will either be a snare or an incumbrance . censvre . i will come next to the consideration , how you are to manage your censure ; in which both care and skill will be a good deal required . to distinguish is not only natural but necessary ; and the effect of it is , that we cannot avoid giving judgment in our minds , either to absolve or to condemn as the case requireth . the difficulty is , to know when and where it is fit to proclaim the sentence . an aversion to what is criminal , a contempt of what is ridiculous , are the inseparable companions of understanding and vertue ; but die letting them go farther than our own thoughts , hath so much danger in it , that though it is neither possible nor fit to suppress them intirely , yet it is necessary they should be kept under very great restraints . an unlimited liberty of this kind is little less than sending a herald and proclaiming war to the world , which is an angry beast when so provoked . the contest will be unequal ; though you are never so much in the right ; and if you begin against such an adversary , it will tear you in pieces , with this justification , that it is done in its own defence . you must therefore take heed of laughing , except in company that is very sure . it is throwing snow-balls against bullets ; and it is the disadvantage of a woman , that the malice of the world will help the brutality of those who will throw a slovenly vntruth upon her . you are for this reason to suppress your impatience for fools ; who besides that they are too strong a party to be unnecessarily provoked , are of all others , the most dangerous in this case . a blockhead in his rage will return a dull jest that will lie heavy , though there is not a grain of wit in it . others will do it with more art , and you must not think your self secure because your reputation may perhaps be out of the reach of ill will ; for if it findeth that part guarded , it will seek one which is more exposed . it flieth , like a corrupt humour in the body , to the weakest part. if you have a tender side , the world will be sure to find it , and to put the worst colour upon all you say or do , give an aggravation to every thing that may lessen you , and a spiteful turn to every thing that might recommend you . anger laieth open those defects which friendship would not see , and civility might be willing to forget . malice needeth no such invitation to encourage it , neither are any pains more superfluous than those we take to be ill spoken of . if envy , which never dyeth , and seldom sleepeth , is content sometimes to be in a slumber , it is very unskilful to make a noise to awake it . besides , your wit will be misapplied if it is wholly directed to discern the faults of others , when it is so necessary to be often used to mend and prevent your own . the sending our thoughts too much abroad , hath the same effect , as when a family never stayeth at home ; neglect and disorder naturally followeth ; as it must do within our selves , if we do not frequently turn our eyes inwards , to see what is amiss with us , where it is a sign we have an unwelcome prospect , when we do not care to look upon it , but rather seek our consolations in the faults of those we converse with . avoid being the first in fixing a hard censure , let it be confirmed by the general voice , before you give into it ; neither are you then to give sentence like a magistrate , or as if you had a special authority to bestow a good or ill name at your discretion . do not dwell too long upon a weak side , touch and go away ; take pleasure to stay longer where you can commend , like bees that fix only upon those herbs out of which they may extract the juice of which their honey is composed . a vertue stuck with bristles is too rough for this age ; it must be adorned with some flowers , or else it will be unwillingly entertained ; so that even where it may be fit to strike , do it like a lady , gently ; and assure your self , that where you care to do it , you will wound others more , and hurt your self less , by soft strokes , than by being harsh or violent . the triumph of wit is to make your good . nature subdue your censure ; to be quick in seeing faults , and slow in exposing them . you are to consider , that the invisible thing called a good name , is made up of the breath of numbers that speak well of you ; so that if by a disobliging word you silence the meanest , the gale will be less strong which is to bear up your esteem . and though nothing is so vain as the eager pursuit of empty applause , yet to be well thought of , and to be kindly used by the world , is like a glory about a womans head ; 't is a perfume she carrieth about with her , and leaveth where-ever she goeth ; 't is a charm against ill-will . malice may empty her quiver , but cannot wound ; the dirt will not stick , the jests will not take ; without the consent of the world a scandal doth not go deep ; it is only a slight stroak upon the injured party and returneth with the greater force upon those that gave it . vanity and affectation . i must with more than ordinary earnestness give you caution against vanity , it being the fault to which your sex seemeth to be the most inclined ; and since affectation for the most part attendeth it , i do not know how to divide them . i will not call them twins , because more properly vanity is the mother , and affectation is the darling daughter ; vanity is the sin , and affectation is the punishment ; the first may be called the root of self-love , the other the fruit. vanity is never at its full growth till it spreadeth into affectation , and then it is compleat . not to dwell any longer upon the definition of them , i will pass to the means and motives to avoid them . in order to it , you are to consider , that the world challengeth the right of distributing esteem and applause ; so that where any assume by their single authority to be their own carvers , it groweth angry , and never faileth to seek revenge . and if we may measure a fault by the greatness of the penalty , there are few of a higher size than vanity , as there is scarce a punishment which can be heavier than that of being laughed at . vanity maketh a woman tainted with it , so top full of her self , that she spilleth it upon the company . and because her own thoughts are intirely imployed in self-contemplation ; she endeavoureth , by a cruel mistake , to confine her acquaintance to the same narrow circle of that which only concerneth her ladiship , forgetting that she is not of half that importance to the world , that she is to her self , so mistaken she is in her value , by being her own appraiser . she will fetch such a compass in discourse to bring in her beloved self , and rather than fail , her fine petty-coat , that there can hardly be a better scene than such a tryal of ridiculous ingenuity . it is a pleasure to see her angle for commendations , and rise so dissatisfied with the ill-bread company , if they will not bite . to observe her throwing her eyes about to fetch in prisoners , arid go about cruizing like a privateer , and so out or countenance , if she return without booty , is no ill piece of comedy . she is so eager to draw respect , that the always misseth it , yet thinketh it so much her due , that when she faileth she groweth waspish , not considering , that it is impossible to commit a rape upon the will ; that it must be fairly gained , and will not be taken by storm ; and that in this case , the tax ever riseth highest by a benevolence . if the world instead of admiring her imaginary excellencies , taketh the liberty to laugh at them , she appealeth from it to her self , for whom she giveth sentence , and proclaimeth it in all companies . on the other side , if incouraged by a civil word , she is so obliging , that she will give thanks for being laughed at in good language . she taketh a compliment for a demonstration , and setteth it up as an evidence , even against her looking-glass . but the good lady being all this while in a most profound ignorance of her self , forgetteth that men would not let her talk upon them , and throw so many senseless words at their head , if they did not intend to put her person to fine and ransom , for her impertinence . good words of any other lady , are so many stones thrown at her , she can by no means bear them , they make her so uneasie , that she cannot keep her seat , but up she riseth and goeth home half burst with anger and strait-lacing . if by great chance she saith any thing that hath sence in it , she expecteth such an excessive rate of commendations , that to her thinking the company ever riseth in her debt . she looketh upon rules as things made for the common people , and not for persons of her rank ; and this opinion sometimes tempteth her to extend her prerogative to the dispencing with the commandments . if by great fortune she happeneth , in spite of her vanity , to be honest , she is so troublesome with it , that as far as in her lieth , she maketh a scurvy thing of it . her bragging of her vertue , looketh as if it cost her so much pains to get the better of her self , that the inferences are very ridiculous . her good humour is generally applied to the laughing at good sense . it would do one good to see how heartily she despiseth any thing that is fit for her to do . the greatest part of her fancy is laid out in chusing her gown , as her discretion is chiefly imploy'd in not paying for it . she is faithful to the fashion , to which not only her opinion , but her senses are wholly resigned : so obsequious she is to it , that she would be ready to be reconciled even to vertue with all its faults , if she had her dancing master's word that it was practis'd at court. to a woman so compos'd when affectation cometh in to improve her character , it is then raised to the highest perfection . she first setteth up for a fine thing , and for that reason will distinguish her self , right or wrong , in every thing she doth . she would have it thought that she is made of so much the finer clay , and so much more sifted than ordinary , that she hath no common earth about her . to this end she must neither move nor speak like other women , because it would be vulgar ; and therefore must have a language of her own , since ordinary english is too course for her . the looking-gloss in the morning dictateth to her all the motions of the day , which by how much the more studied , are so much the more mistaken . she cometh into a room as if her limbs were set on with ill-made screws , which maketh the company fear the pretty thing should leave some of its artificial person upon the floor . she doth not like her self as god almighty made her , but will have some of her own workmanship ; which is so far from making her a better thing than a woman , that it turneth her into a worse creature than a monkey . she falleth out with nature , against which she maketh war without admitting a truce , those moments excepted in which her gallant may reconcile her to it . when she hath a mind to be soft and languishing , there is somthing so unnatural in that affected easiness , that her frowns could not be by many degrees so forbidden . when she would appear unreasonably humble , one may see she is so excessively proud , that there is no enduring it . there is such an impertinent smile , such a satisfied simper , when she faintly disowneth some fulsom commendation a man hapneth to bestow upon her against his conscience , that her thanks for it are more visible under such a thin disguise , than they could be if she should print them . if a handsomer woman taketh any liberty of dressing out of the ordinary rules the mistaken lady followeth , without distinguishing the unequal pattern , and maketh her self uglier by an example misplaced ; either forgetting the privilege of good looks in another , or presuming , without sufficient reason upon her own . her discourse is a senseless chime of empty words , a heap of compliments so equally applied to differing persons , that they are neither valu'd nor believ'd . her eyes keep pace with her tongue , and are therefore always in motion . one may discern that they generally incline to the compassionate side , and that , notwithstanding her pretence to vertue , she is gentle to distressed lovers , and ladies that are merciful . she will repeat the tender part of a play so feelingly , that the company may guess , without injustice , she was not altogether a disinteressed spectator . she thinketh that paint and sin are concealed by railing at them . upon the latter she is less hard , and being divided between the two opposite prides of her beauty and her vertue , she is often tempted to give broad hints that some body is dying for her ; and of the two she is less unwilling to let the world think she may be sometimes profan'd , than that she is never worshipped . very great beauty may perhaps so dazle for a time , that men may not so clearly see the deformity of these affectations ; but when the brightness goeth off , and that the lover's eyes are by that means set at liberty to see things as they are , he will naturally return to his senses , and recover the mistake into which the lady 's good looks had at first engaged him . and being once undeceived , ceaseth to worship that as a goddess , which he seeth is only an artificial shrine moved by wheels and springs , to delude him . such women please only like the first opening of a scene , that hath nothing to recommend it but the being new . they may be compared to flies , that have pretty shining wings for two or three hot months , but the first cold weather maketh an end of them ; so the latter season of these fluttering creatures is dismal : from their nearest friends they receive a very faint respect ; from the rest of the world , the utmost degree of contempt . let this picture supply the place of any other rules which might be given to prevent your resemblance to it , the deformity of it , well considered , is instruction enough ; from the same reason , that the sight of a drunkard is a better sermon against that vice , than the best that was ever preach'd upon that subject . pride . after having said this against vanity , i do not intend to apply the same censure to pride , well placed , and rightly defined . it is an ambiguous word ; one kind of it is as much a vertue , as the other is a vice : but we are naturally so apt to chuse the worst , that it is become dangerous to commend the best side of it . a woman is not to be proud of her fine gown ; nor when she hath less wit than her neighbours , to comfort her self that she hath more lace . some ladies put so much weight upon ornaments , that if one could see into their hearts , it would be found , that even the thought of death is made less heavy to them by the contemplation of their being laid out in state , and honourably attended to the grave . one may come a good deal short of such an extream , and yet still be sufficiently impertinent , by setting a wrong value upon things , which ought to be used with more indifference . a lady must not appear sollicitous to ingross respect to her self , but be content with a reasonable distribution , and allow it to others , that she may have it returned to her . she is not to be troublesomly nice , nor distinguish her self by being too delicate , as if ordinary things were too course for her ; this is an unmannerly and an offensive pride , and where it is practised , deserveth to be mortified , of which it seldom faileth . she is not to lean too much upon her quality , much less to despise those who are below it . some make quality an idol , and then their reason must fall down and worship it . they would have the world think , that no amends can ever be made for the want of a great title , or an ancient coat of arms : they imagine , that with these advantages they stand upon the higher ground , which maketh them look down upon merit and vertue , as things inferiour to them . this mistake is not only senseless , but criminal too , in putting a greater price upon that which is a piece of good luck , than upon things which are valuable in themselves . laughing is not enough for such a folly ; it must be severely whipped , as it justly deserves . it will be confessed , there are frequent temptations given by pert vpstarts to be angry , and by that to have our judgments corrupted in these cases : but they are to be resisted ; and the utmost that is to be allowed , is , when those of a new edition will forget themselves , so as either to brag of their weak side , or to endeavour to hide their meanness by their insolence , to cure them by a little seasonable raillery , a little sharpness well placed , without dwelling too long upon it . these and many other kinds of pride are to be avoided . that which is to be recommended to you , is an emulation to raise your self to a character , by which you may be distinguished ; an eagerness for precedence in vertue , and all such other things as may gain you a greater share of the good opinion of the world. esteem to vertue is like a cherishing air to plants and flowers , which maketh them blow and prosper ; and for that reason it may be allowed to be in some degree the cause as well as the reward of it . that pride which leadeth to a good end , cannot be a vice , since it is the beginning of a vertue ; and to be pleased with just applause , is so far from a fault , that it would be an ill symptom in a woman , who should not place the greatest part of her satisfaction in it . humility is no doubt a great vertue ; but it ceaseth to be so , when it is afraid to scorn an ill thing . against vice and folly it is becoming your sex to be haughty ; but you must not carry the contempt of things to arrogance towards persons , and it must be done with fitting distinctions , else it may be inconvenient by being unseasonable . a pride that raiseth a little anger to be out-done in any thing that is good , will have so good an effect , that it is very hard to allow it to be a fault . it is no easie matter to carry even between these differing kinds so described ; but remember that it is safer for a woman to be thought too proud , than too familiar . diversions . the last thing i shall recommend to you , is a wise and a safe method of using diversions . to be too eager in the pursuit of pleasure whilst you are young , is dangerous ; to catch at it in riper years , is grasping a shadow ; it will not be held . besides that by being less natural it groweth to be indecent . diversions are the most properly applied , to ease and relieve those who are oppressed , by being too much imployed . those that are idle have no need of them , and yet they , above all others , give themselves up to them . to unbend our thoughts , when they are too much stretched by our cares , is not more natural than it is necessary , but to turn our whole life into a holy day , is not only ridiculous , but destroyeth pleasure instead of promoting it . the mind like the body is tired by being always in one posture , too serious breaketh , and too diverting looseneth it : it is variety that giveth the relish ; so that diversions too frequently repeated , grow first to be indifferent , and at last tedious . whilst they are well chosen and well timed , they are never to be blamed ; but when they are used to an excess , though very innocent at first , they often grow to be criminal , and never fail to be impertinent . some ladies are bespoken for merry meetings , as bessus was for duels . they are ingaged in a circle of idleness , where they turn round for the whole year , without the interruption of a serious hour , they know all the players names , and are intimately acquainted with all the booths in bartholomew-fair . no soldier is more obedient to the sound of his captain 's trumpet , than they are to that which summoneth them to a puppet-play or a monster . the spring that bringeth out flies , and fools , maketh them inhabitants in hide-park ; in the winter they are an incumbrance to the play house , and the ballast of the drawing-room . the streets all this while are so weary of these daily faces , that men's eyes are over-laid with them . the sight is glutted with fine things , as the stomach with sweet ones ; and when a fair lady will give too much of her self to the world , she groweth luscious , and oppresseth instead of pleasing . these jolly ladies do so continually seek diversion , that in a little time they grow into a jest , yet are unwilling to remember , that if they were seldomer seen they would not be so often laughed at . besides they make themselves cheap , than which there cannot be an unkinder word bestowed upon your sex. to play sometimes , to entertain company , or to divert your self , is not to be disallowed , but to do it so often as to be called a gamester , is to be avoided , next to the things that are most criminal . it hath consequences of several kinds not to be endured ; it will ingage you into a habit of idleness and ill hours , draw you into ill mixed company , make you neglect your civilities abroad , and your business at home , and impose into your acquaintance such as will do you no credit . to deep play there will be yet greater objections . it will give occasion to the world to ask spiteful questions . how you dare venture to lose , and what means you have to pay such great summs ? if you pay exactly , it will be enquired from whence the money cometh ? if you owe , and especially to a man , you must be so very civil to him for his forbearance , that it layeth a ground of having it farther improved ; if the gentleman is so disposed ; who will be thought no unfair creditor , if where the estate saileth he seizeth upon the person . besides if a lady could see her own face upon an ill game , at a deep stake , she would certainly forswear any thing that could put her looks under such a disadvantage . to dance sometimes will not be imputed to you as a fault ; but remember that the end of your learning it , was , that you might the better know how to move gracefully . it is only an advantage so far . when it goeth beyond it , one may call it excelling in a mistake , which is no very great commendation . it is better for a woman never to dance , because she hath no skill . in it , that to do it too often , because she doth it well . the easiest as well as the safest method of doing it , is in private companies , amongst particular friends , and then carelesly , like a diversion , rather than with solemnity , as if it was a business , or had any thing in it to deserve a month's preparation by serious conference with a dancing-master . much more might be said to all these heads , and many more might be added to them . but i must restrain my thoughts , which are full of my dear child , and would overflow into a volume , which would not be fit for a new-years-gift . i will conclude with my warmest wishes for all that is good to you . that you may live so as to be an ornament to your family , and a pattern to your sex. that you may be blessed with a husband that may value , and with children that may inherit your vertue ; that you may shine in the world by a true light , and silence envy by deserving to be esteemed ; that wit and vertue may both conspire to make you a great figure . when they are separated , the first is so empty , and the other so saint , that they scarce have right to be commended . may they therefore meet and never part ; let them be your guardian angels , and be sure never to stray out of the distance of their joint protection . may you so raise your character , that you may help to make the next age a better thing , and leave posterity in your debt for the advantage it shall receive by your example let me conjure you , my dearest , to comply with this kind ambition of a father , whose thoughts are so ingaged in your behalf , that he reckoneth your happiness to be the greatest part of his own . the character of a trimmer his opinion of i. the laws and government . ii. protestant religion . iii. the papists . iv. foreign affairs . corrected and amended . london , printed in the year , . the preface . it must be more than an ordinary provocation that can tempt a man to write in an age over-run with scribblers , as egypt was with flies and locusts : that worst vermin of small authors has given the world such a surfeit , that instead of desiring to write , a man would be more inclin'd to wish , for his own ease , that he could not read ; but there are some things which do so raise our passions , that our reason can make no resistance ; and when madmen , in two extreams , shall agree to make common sense treason , and joyn to fix an ill character upon the only men in the nation who deserve a good one ; i am no longer master of my better resolution to let the world alone , and must break loose from my more reasonable thoughts , to expose these false coyners , who would make their copper wares pass upon us for good payment . amongst all the engines of dissention , there has been none more powerful in all times , than the fixing names upon one another of contumely and reproach , and the reason is plain , in respect of the people , who tho' generally they are uncapable of making a syllogism or forming an argument , yet they can pronounce a word ; and that serves their turn to throw it with their dull malice at the head of those they do not like ; such things ever begin in jest , and end in blood , and the same word which at first makes the company merry , grows in time to a military signal to cut one anothers throats . these mistakes are to be lamented , tho' not easily cured , being suitable enough to the corrupted nature of mankind ; but 't is hard , that men will not only invent ill names , but they will wrest and misinterpret good ones ; so afraid some are even of a reconciling sound , that they raise another noise to keep it from being heard , lest it should set up and encourage a dangerous sort of men , who prefer peace and agreement , before violence and confusion . were it not for this , why , after we have played the fool with throwing whig and tory at one another , as boys do snow-balls , do we grow angry at a new name , which by its true signification might do as much to put us into our wits , as the other has done to put us out of them ? this innocent word trimmer signifies no more than this , that if men are together in a boat , and one part of the company would weigh it down on one side , another would make it lean as much to the contrary ; it happens there is a third opinion of those , who conceive it would do as well , if the boat went even , without endangering the passengers ; now 't is hard to imagin by what figure in language , or by what rule in sense this comes to be a fault , and it is much more a wonder it should be thought a heresy . but so it happens , that the poor trimmer has now all the powder spent upon him alone , while the whig is a forgotten , or at least a neglected enemy ; there is no danger now to the state ( if some men may he believed ) but from the beast called a trimmer , take heed of him , he is the instrument that must destroy church and state ; a new kind of monster , whose deformity is so expos'd , that , were it a true picture that is made of him , it would be enough to fright children , and make women miscarry at the sight of it . but it may be worth the examining , whether he is such a beast as he is painted . i am not of that opinion , and am so far from thinking him an infidel either in church or state , that i am neither afraid to expose the articles of his faith in relation to government , nor to say that i prefer them before any other political creed , that either our angry divines , or our refined states-men would impose upon as . i have therefore in the following discourse endeavour'd to explain the trimmer's principles and opinions , and then leave it to all discerning and impartial judges , whether he can with justice be so arraign'd , and whether those who deliberately pervert a good name , do not very justly deserve the worst that can be put upon themselves . the trimmer's opinion . of the laws and government . our trimmer , as he has a great veneration for laws in general , so he has more particular for our own , he looks upon them as the chains that tye up our unruly passions , which else , like wild beasts let loose , would reduce the world into its first state of barbarism and hostility ; the good things we injoy , we owe to them ; and all the ill things we are freed from is by their protection . god himself thought it not enough to be a creator , without being a lawgiver , and his goodness had been defective towards mankind in making them , if he had not prescribed rules to make them happy too . all laws flow from that of nature , and where that is not the foundation , they may be legally impos'd , but they will be lamely obeyed : by this nature is not meant that , which fools and madmen misquote to justify their excesses ; it is innocent and uncorrupted nature , that which dispose● men to chuse vertue , without its being prescribed , and which is so far from inspiring ill thoughts into us , that we take pains to suppress the good ones it infuses . the civilized world has ever paid t● willing subjection to laws , even conquerors have done homage to them ; as the romans , who took patterns of good laws even from those they had subdued ; and at the same time that they triumph'd over an enslav'd people , the very laws of that place did not only remain safe , but became victorious ; their new masters , instead of suppressing them , paid them more respect than they had from those who first made them : and by this wise method they arrived to such an admirable constitution of laws , that to this day they reign by them ; this excellency of them triumphs still , and the world pays now an acknowledgment of their obedience to that mighty empire , though so many ages after it is dissolved ; and by a later instance , the kings of france , who , in practice use their laws pretty familiarly , yet think their picture is drawn with most advantage upon their seals , when they are placed in the seat of justice ; and tho' the hieroglyphick is not there of so much use to the people as they would wish , yet it shews that no prince is so great , as not to think fit , for his own credit at least , to give an outward , when he refuses a real worship to the laws . they are to mankind that which the sun is to plants , whilst it cherishes and preserves ' em . where they have their force and are not clouded or supprest , every thing smiles and flourishes ; but where they are darkened , and not suffered to shine out , it makes every thing to wither and decay . they secure men not only against one another , but against themselves too ; they are a sanctuary to which the crown has occasion to resort as often as the people , so that it is an interest as well as a duty to preserve them . there would be no end of making a panegyrick of laws ; let it be enough to add , that without laws the world would become a wilderness , and men little less than beasts ; but with all this , the best things may come to be the worst , if they are not in good hands ; and if it be tr●● that the wisest men generally make the laws , it is as true , that the strongest do often interpret them : and as rivers belong as much to the channel where they run , as to the spring from whence they first rise , so the laws depend as much upon the pipes thro' which they are to pass , as upon the fountain from whence they flow . the authority of a king who is head of the law , as well as the dignity of publick justice , is debased , when the clear stream of the law is puddled and disturbed by bunglers , or convey'd by unclean instruments to the people . our trimmer would have them app●●● in their full lustre , and would be grieved to see the day , when , instead of speaking with authority from the seats of justice , they should speak out of a grate , with a lamenting voice like prisoners that desle to be rescu'd . he wishes that the bench may have a natural as well as a legal superiority to the bar ; he thinks mens ab●lities very much misplac'd , when the reason of him that pleads is visibly too strong for those who judge and give sentence . when those from the bar seem to dictate to their superiours upon the bench , their furrs will look scurvily about them , and the respect of the world will leave the bare character of a judge , to follow the essential knowledge of a lawyer , who may be greater in himself , than the other can be with all his trappings . an uncontested superiority in any calling , will have the better of any distinct name that authority can put upon it , and therefore if ever such an unnatural method should be introduc'd , it is then that westminster-hall might be said to stand upon its head , and though justice it self can never be so , yet the administration of it would be rendred ridiculous . a judge has such power lodg'd in him , that the king will never be thought to have chosen well , where the voice of mankind has not before-hand recommended the man to his station ; when men are made judges of what they do not understand , the world censures such a choice , not out of ill will to the men , but fear to themselves . if the king had the sole power of chusing physicians , men would tremble to see bunglers preferred , yet the necessity of taking physick from a doctor , is generally not so great as that of receiving justice from a judge ; and yet the inferences will be very severe in such cases , for either it will be thought that such men bought what they were not able to deserve , or which is as bad , that obedience shall be look'd upon as a better qualification in a judge , than skill or integrity , when such sacred things as the laws are not only touch'd , but guided by prophane hands ; men will fear that out of the tree of the law , from whence we expect shade and shelter , such workmen will make cudgels to beat us with , or rather that they will turn the canon upon our properties , that were intrusted with them for their defence . to see the laws mangled , disguised , speak quite another language than their own , to see them thrown from the dignity of protecting mankind , to the disgraceful office of destroying them ; and notwithstanding their innocence in themselves , to be made the worst instruments that the most refined villany can make use of , will raise mens anger above the power of laying it down again , and tempt them to follow the evil examples given them of judging without hearing , when so-provoked by their desire of revenge . our trimmer therefore , as he thinks the laws are jewels , so he believes they are no better set , than in the constitution of our english government , if rightly understood , and carefully preserved . it would be too great partiality to say they are perfect or liable to no objection ; such things are not of this world ; but if they have more excellencies and fewer faults than any other we know , it is enough to recommend them to one esteem . the dispute , which is a greater beauty , a monarchy or a common-wealth , has lasted long between their contending lovers , and ( they have behav'd themselves so like lovers , who in good manners must be out of their wits , ) who used such figures to exalt their own idols on either side , . and such angry aggravations , to reproach one another in the contest , that moderate men have in all times smil'd upon this eagerness , and thought it differ'd very little from a downright frenzy : we in england , by a happy use of the controversie , conclude them both in the wrong , and reject them from being our pattern , not taking the words in the utmost extent , which is a thing , that monarchy , leaves men no liberty , and a common-wealth such a one , as allows them no quiet . we think that a wise mean , between these barbarous extreams , is that which self-preservation ought to dictate , to our wishes ; and we may say we have attained to this mean in a greater measure , than any nation now in being , or perhaps any we have read of ; tho never so much celebrated for the wisdom or felicity of their constitutions : we take from one the too great power of doing hurt , and yet leave enough to govern and protect us ; we take from the other , the confusion , the parity , the animosities , and the license , and yet reserve a due care of such a liberty , as may consist with mens allegiance ; but it being hard , if not impossible , to be exactly even , our government has much the stronger biass towards monarchy , which by the general consent and practise of mankind , seems to have advantage in dispute against a common-wealth ; the rule of a common-wealth are too hard for the bulk of mankind to come up to ; that form of government requires such a spirit to carry it on , as do's not dwell in great numbers , but is restrained to so very few especially in this age , that let the method appear never so much reasonably in paper they must fail in practice , which will eve● be suited more to mens nature as it is than as it should be . monarchy is lik'd by the people , for the bells and the tinsel , the outward pomp and gilding , and there must be milk for babes , since the greatest part of mankind are , and ever will be included in that list ; and it is approv'd by wise and thinking men , ( all circumstances and objections impartially consider'd ) that it has so great an advantage above all other forms , when the administration of that power falls in good hands ; that all other governments look out of countenance , when they are set in competition with it . lycurgus might have sav'd himself the trouble of making laws , if either he had been immortal , or that he could have secur'd to posterity , a succeeding race of princes like himself ; his own example was a better law , than he could with all his skill tell how to make ; such a prince is a living law , that dictates to his subjects , whose thoughts in that case never rise above their obedience , the confidence they have in the vertue and knowledge of the master , preventing the scruples and apprehensions to which men are naturally inclin'd , in relation to those that govern them ; such a magistrate is the life and soul of justice , whereas the law is but a body and a dead one too , without his influence to give it warmth and vigour , and by the irresistible power of his virtue , he do's so reconcile dominion and allegiance , that all disputes between them are silenced and subdued , and indeed no monarchy can be perfect and absolute without exception , but where the prince is superior by his vertue , as well as by his character and his power ; so that to screw out precedents and unlimited power , is a plain diminution to a prince that nature has made great , and who had better make himself a glorious example to posterity , than borrow an authority from dark records , raised out of the grave , which besides their non-usage , have always in them matter of controversie and debate , and it may be ; affirmed , that the instances are very rare of princes having the worst in the dispute with their people , if they were eminent for justice in time of peace , or conduct in time of war , such advantage the crown giveth to those who adorn it by their own personal vertues . but since for the greater honour of good and wise princes , and the better to set off their character by the comparison , heaven has decreed there must be a mixture , and that such as are perverse and insufficient , or at least both , are perhaps to have their equal turns in the government of the world , and besides , that the will of man is so various , and so unbounded a thing , and so fatal too when joined with power misapply'd ; it is no wonder if those who are to be govern'd , are unwilling to have so dangerous as well as so uncertain a standard of their obedience . there must be therefore rules and laws : for want of which , or at least the observation of them , it was as capital for a man to say that nero did not play well upon the lute , as to commit treason , or blaspheme the gods. and even vespasian himself had like to have lost his life , for sleeping whilst he should have attended and admir'd that emperours impertinence upon the stage . there is a wantonness in great power that men are generally too apt to be corrupted with , and for that reason , a wise prince , to prevent the temptation arising from common frailty , would choose to govern by rules for his own sake , as well as for his peoples , since it only secures him from errors , and does not lessen the real authority , that a good magistrate would care to be possess'd of ; for if the will of a prince is contrary either to reason it self , or to the universal opinion of his subjects , the law by a kind restraint rescues him from a disease that would undo him ; if his will on the other side is reasonable or well directed , that will immediately becomes a law , and he is arbitrary by an easie and natural consequence , without taking pains , or overturning the world for it . if princes consider laws as things impos'd on them , they have the appearance of fetters of iron , but to such as would make them their choice as well as their practice , they are chains of gold ; and in that respect are ornaments , as in others they are a defence to them , and by a comparison , not improper for god's vicegerents upon earth ; as our maker never commands our obedience to any thing , that as reasonable creatures we ought not to make our own election ; so a good and wise governour , tho' all laws were abolish'd , would by the voluntary direction of his own reason , do without restraint the very same things that they would have enjoyned . our trimmer thinks that the king and kingdom ought to be one creature , not to be separated in their political capacity ; and when either of them undertake to act a part , it is like the crawling of worms after they are cut in pieces , which cannot be a lasting motion , the whole creature not stirring at a time . if the body has a dead palsie , the head cannot make it move ; and god hath not yet delegated such a healing power to princes , as that they can in a moment say to a languishing people oppress'd and in despair , take up your beds and walk . the figure of a king , is so comprehensive and exalted a thing , that it is a kind of degrading him to lodge that power separately in his own natural person , which can never be safely or naturally great , but where the people are so united to him as to be flesh of his flesh , and bone of his bone ; for when he is reduc'd to the single definition of a man , he sinks into so low a character , that it is a temptation upon mens allegiance , and an impairing that veneration which is necessary to preserve their duty to him ; whereas a prince who is so joined to his people that they seem to be his limbs , rather than his subjects , cloathed with mercy and justice rightly apply'd in their several places , his throne supported by love as well as by power , and the warm wishes of his devoted subjects , like never-failing incense , still ascending towards him , looks so like the best image we can frame to our selves of god almighty , that men would have much ado not to fall down and worship him ; and would be much more tempted to the sin of idolatry , than to that of disobedience . our trimmer is of opinion , that there must be so much dignity inseparably annexed to the royal function , as may be sufficient to secure it from insolence and contempt ; and there must be condescensions from the throne , like kind showers from heaven , that the prince may look so much the more like god almighty's deputy upon earth ; for power without love hath a terrifying aspect , and the worship which is paid to it is like that which the indians give out of fear to wild beasts and devils : he that fears god only because there is an hell , must wish there were no god ; and he who fears the king , only because he can punish , must wish there were no king ; so that without a principle of love , there can be no true allegiance , and there must remain perpetual seeds of resistance against a power that is built upon such an unnatural foundation , as that of fear and terrour . all force is a kind of soul-play , and whosoever aims at it himself , does by implication allow it to those he plays with ; so that there will be ever matter prepared in the minds of people when they are provoked , and the prince , to secure himself must live in the midst of his own subjects , as if he were in a conquer'd country , raise arms as if he were immediately to meet or resist an invasion , and all this while sleep as unquietly from the fear of the remedies , as he did before from that of the disease ; it being hard for him to forget , that more princes have been destroyed by their guards than by their people ; and that even at the time when the rule was quod principi placuit lex esto : the armies and praetorian bands which were the instruments of that unruly power , were frequently the means made use of to destroy them who had it . there will ever be this difference between god and his vicegeren●s , that god is still above the instruments he uses , and out of the danger of receiving hurt from them ; but princes can never lodge power in any hands , which may not at some time turn it back upon them ; for tho' it is possible enough for a king to have power to satisfy his ambition ; yet no kingdom has money enough to satisfie the avarice of under-work-men , who learn from that prince who will exact more than belongs to him , to expect from him much more than they deserve , and growing angry upon the first disappointment , they are the devils which grow terrible to the conjurers themselves who brought them up , and can't send them down again ; and besides that there can be no lasting radical security , but where the governed are satisfied with the governours . it must be a dominion very unpleasant to a prince of an elevated mind , to impose an abject and sordid servility , instead of receiving the willing sacrifice of duty and obedience . the bravest princes in all times , who were uncapable of any other kind of fear , have fear'd to grieve their own people ; such a fear is a glory , and in this sense 't is an infamy not to be a coward : so that the mistaken heroes who are void of this generous kind of fear , need no other aggravation to compleat their ill characters . when a despotick prince has bruised all his subjects with a slavish obedience , all the force he can use cannot subdue his own fears ; enemies of his own creation , to which he can never be reconciled , it being impossible to do injustice and not to fear revenge : there is no cure for this fear , but the not deserving to be hurt , and therefore a prince who does not allow his thoughts to stray beyond the rules of justice , has always the blessing of an inward quiet and assurance , as a natural effect of his good meaning to his people , and tho he will not neglect due precautions to secure himself in all events , yet he is uncapable of entertaining vain and remote suspicions of those , of whom he resolves never to deserve ill . it is very hard for a prince to fear rebellion , who neither does , nor intends to do any thing to provoke it ; therefore too great a diligence in the governours , to raise and improve dangers and fears from the people , is no very good symptom , and naturally begets an inference that they have thoughts of putting their subjects allegiance to a tryal ; and therefore not without some reason fear before hand , that the irregularities they intend , may raise men to a resistance . our trimmer thinks it no advantage to a government , to endeavour the suppressing all kind of right which may remain in the body of the people , or to employ small authors in it , whose officiousness or want of money may encourage them to write , tho' it is not very easie to have abilities equal to such a subject ; they forget that in their too high strained arguments for the rights of princes , they very often plead against humane nature , which will always give a biass to those reasons which seem of her side ; it is the people that reads those books , and it is the people that must judge of them ; and therefore no maxims should be laid down for the right of government , to which there can be any reasonable objection ; for the world has an interest , and for that reason is more than ordinary discerning to find out the weak sides of such arguments as are intended to do them hurt ; and it is a diminution to a government , to promote or countenance such well affected mistakes which are turned upon it with disadvantage , whenever they are detected and expos'd ; and naturally the too earnest endeavours to take from men the right they have , tempt them , by the example to claim that which they have not . in power , as in most other things , the way for princes to keep it , is not to grasp more than their arms can well hold ; the nice and unnecessary enquiring into these things , or the licensing some books , and suppressing some others without sufficient reason to justifie the doing either , is so far from being an advantage to a government , that it exposes it to the censure of being partial and to the suspicion , of having some hidden designs to be carried on by these unusual methods . when all is said , there is a natural reason of state , and undefinable thing , grounded upon the common good of mankind ▪ which is immortal , and in all changes and revolutions , still preserves its original right of saving a nation , when the letter of the law perhaps would destroy it ; and by whatsoever means it moves , carrieth a power with it , that admits of no opposition , being supported by nature , which inspires an immediate consent at some critical times into every individual member , to that which visibly tendeth to preservation of the whole ; and this being so , a wise prince instead of controverting the right of this reason of state , will by all means endeavour it may be of his side , and then he will be secure . our trimmer cannot conceive that the power of any prince can be lasting , but where 't is built upon the foundation of his own unborrowed vertue , he must not only be the first mover and the fountain , from whence the great acts of state originally flow , but he must be thought so to his people that they may preserve their veneration for him ; he must be jealous of his power , and not impart so much of it to any about him , as that he may suffer an eclipse by it . he cannot take too much care to keep himself up , for when a prince is thought to be led by those , with whom he should onely advise , and that the commands he gives are transmitted through him , and are not of his own growth ; the world will look upon him as a bird adorned with feathers that are not his own , or consider him rather as an engine than a living creature ; besides , 't would be a contradiction for a prince to fear a common-wealth , and at the same time create one himself , be delegating such a power to any number of men near him , as is inconsistent with the figure of a monarch : it is the worst kind of co-ordination the crown can submit to ; for it is the exercise of power that draws the respect along with it , and when that is parted with , the bare character of a king is not sufficient to keep it up ; but tho' it is a diminution to a prince , to parcel out so liberally his power amongst his favourites , it 's worse to divide with any other man , and to bring himself in competition with a single rival ; a partner in government is so unnatural a thing , that it is a squint-ey'd allegiance that must be paid to such a double bottom'd monarchy . the two czars of muscovy are an example that the more civiliz'd part of the world will not be proud to follow , whatsoever gloss may be put upon this method , by those to whom it may be of some use , the prince will do well to remember , and reflect upon the story of certain men who had set up a statue in honour of the sun , yet in a very little time they turned their backs to the sun , and their faces to the statue . these mystical unions are better plac'd in the other world , than they are in this , and we shall have much ado to find , that in a monarchy gods vicegerency is delegated to more heads than that which is anointed . princes may lend some of their light to make another shine , but they must still preserve the superiority of being the brighter planet , and when it happens that the reversion is in mens eyes , there is more care necessary to keep up the dignity of possessions , that men may not forget who is king , either out of their hopes or fears who shall be . if the sun shou'd part with all his light to any of the stars , the indians would not know where to find their god , after he had so deposed himself , and would make the light ( where-ever it went ) the object of their worship . all usurpation is alike upon soveraignty , it s no matter from what hand it comes ; and crowned heads are to be the more circumspect , in respect mens thoughts are naturally apt to ramble beyond what is present , they love to work at a distance , and in their greedy expectations ; which their minds may be fill'd with of a new master , the old one may be left to look a little out of countenance . our trimmer owns a passion for liberty , yet so restrained , that it does not in the least impair or taint his allegiance , he thinks it hard for a soul that does not love liberty , ever to raise it self to another world he takes it to be the foundation of all vertue , and the only seasoning that gives a relish to life , and tho' the laziness of a slavish subjection , has its charms for the more gross and earthly part of mankind , yet to men made of a better sort of clay , all that the world can give without liberty has no taste ; it is true , nothing is sold so cheap by unthinking men , but that does no more lessen the real value of it , than a country fellows ignorance does that of a diamond , in selling it for a pot of ale. liberty is the mistress of mankind , she has powerful charms which do so dazzle us , that we find beauties in her which perhaps are not there , as we do in other mistresses ; yet if she was not a beauty , the world would not run mad for her ; therefore since the reasonable desire of it ought not to be restrain'd , and that even the unreasonable desire of it cannot be entirely suppress'd , those who would take it away from a people possessed of it , are likely to fail in the attempting , or be very unquiet in the keeping of it . our trimmer admires our blessed constitutions , in which dominion and liberty are so well reconciled ; it gives to the prince the glorious power of commanding freemen , and to the subject , the satisfaction of seeing the power so lodged , as that their liberties are secure ; it do's not allow the crown such a ruining power , as that no grass can grow where e're it treads , but a cherishing and protecting power ; such a one as hath a grim aspect only to the offending subjects , but is the joy and the pride of all the good ones ; their own interest being so bound up in it , as to engage them to defend and support it ; and tho in some instances the king is restrain'd yet nothing in the government can move without him ; our laws make a distinction between vassalage and obedience ; between devouring prerogatives , and a licentious ungovernable freedom : and as of all the orders of building , the composite is the best , so ours by a happy mixture and a wise choice of what is best in others , is brought into a form that is our felicity who live under it , and the envy of our neighbour that cannot imitate it . the crown has power sufficient to protect our liberties . the people have so much liberty as is necessary to make them useful to the crown . our government is in a just proportion , no tympany , no unnatural swelling either of power or liberty ; and whereas in all overgrown monarchies , reason , learning , and enquiry are hang'd in effigy for mutineers ; here they are encouraged and cherished as the surest friends to a government establish'd upon the foundation of law and justice . when all is done , those who look for perfection in this world , may look as the jews have for their messias , and therefore our trimmer is not so unreasonably partial as to free our governments ; and from all objections , no doubt there have been fatal instances of its sickness , and more than that , of its mortality , for sometime , tho' by a miracle , it hath been reviv'd again : but till we have another race of mankind , in all constitutions that are bounded , there will ever be some matter of strife , and contention , and rather than want pretensions , mens passions and interests will raise them from the most inconsiderable causes . our government is like our climate ▪ there are winds which are sometimes loud and unquiet , and yet with all the trouble they give us , we owe , great part of our health unto them , they clear the air , which else would be like a standing pool , and in stead of refreshment would be a disease unto us . there may be fresh gales of asserting liberty , without turning into such storms of hurricane , as that the state should run any hazard of being cast away by them ; these struglings which are natural to all mixed governments , while they are kept from growing in convulsions , do by a mutual agitation from the several parts , rather support and strengthen , than weaken or maim the constitution ; and the whole frame , instead of being torn or disjointed , comes to be the better and closer knit by being thus exercised ; but what ever faults our government may have , or a discerning critick may find in it , when he looks upon it alone ; let any other be set against it , and then it shews its comparative beauty ; let us look upon the most glittering outside of unbounded authority , and upon a nearer enquiry , we shall find nothing but poor and miserable deformity within ; let us imagine a prince living in his kingdom , as if in a great gally , his subjects tugging at the oar , laden with chains , and reduced to real rags , that they may gain him imaginary lawrels ; let us represent him gazing among his flatterers , and receiving their false worship , like a child never contradicted , and therefore always cozen'd● or like a lady complemented only to be abused , condemned never to hear truth ▪ and consequently never to do justice , w●llowing in the soft bed of wanton and unbridled greatness , not less odious to the instruments themselves , than to the objects of his tyranny ; blown up into an ambitious dropsy , never to be satisfied by the conquest of other people , or by the oppression of his own ; by aiming to be more than a man , he falls lower than the meanest of 'em , a mistaken creature , swelled with panegyricks , and flattered out of his senses , and not only an incumbrance , but a nuisance to mankind , a hardened and unrelenting soul , and like some creatures that grow fat with poisons , he grows great by other mens miseries ; an ambitious ap● of the divine greatness , an unruly gyant that would storm even heaven it self , but that his scaling ladders are not long enough ; in short , a wild and devouring creature in rich trappings , and with all his pride no more than a whip in god almighty's hand , to be thrown into the fire when the world has been sufficiently scourged with it : this picture laid in right colours would not incite men to wish for such a government , but rather to acknowledge the happiness of our own , under which we enjoy all the privilege reasonable men can desire , and avoid all the miserie 's many others are subject to ; so that our trimmer would keep it with all its faults , and does as little forgive those who give the occasion of breaking it , as he does those that take it . our trimmer is a friend to parliaments , notwithstanding all their faults , and excesses , which of late have given such matter of objection to them ; he thinks that tho' they may at sometimes be troublesome to authority , yet they add the greatest strength to it under a wise administration ; he believes no government is perfect except a kind of omnipotence reside in it , to exercise upon great occasions : now this cannot be obtained by force alone upon people , let it be never so great , there must be their consent too , or else a nation moves only by being driven , a sluggish and constrained motion , void of that life and vigour which is necessary to produce great things , whereas the virtual consent of the whole being included in their representatives , and the king giving the sanction to the united sense of the people , every act done by such an authority , seems to be an effect of their choice as well as a part of their duty ; and they do with an eagerness , of which men are uncapable whilst under a force , execute whatsoever is so enjoyned as their own wills , better explained by parliament , rather than from the terrour of incurring the penalty of the law for omiting it , and by means of this political omnipotence , what ever sap or juice there is in a nation , may be to the last drop produc'd , whilst it rises naturally from the root ; whereas all power exercis'd without consent , is like the giving wounds and gashes , and tapping a tree at unseasonable times , for the present occasion , which in a very little time must needs destroy it . our trimmer believes , that by the advantage of our situation , there can hardly any such sudden disease come upon us , but that the king may have time enough left to consult with his physicians in parliament ; pretences indeed may be made , but a real necessity so pressing , that no delay is to be admitted , is hardly to be imagin'd , and it will be neither easie to give an instance of any such thing for the time past , or reasonable to presume it will ever happen for the time to come : but if that strange thing should fall out , our trimmer is not so streight-lac'd , as to let a nation die , or to be stifled , rather than it should be help'd by any but the proper officers . the cases themselves will bring the remedies along with them ; and he is not afraid to allow that in order to its preservation , there is a hidden power in government , which would be lost if it was designed , a certain mystery , by virtue of which a nation may at some critical times be secur'd from ruine , but then it must be kept as a mystery ; it is rendred useless when touch'd by unskilfull hands : and no government ever had , or deserv'd to have that power , which was so unwary as to anticipate their claim to it : our trimmer cannot help thinking it had been better , if the triennial act had been observ'd ; because 't is the law , and he would not have the crown , by such an example , teach the nation to break it ; all irregularity is catching , it has a contagion in it , especially in an age , so much enclin'd to follow ill patterns than good ones . he would have a parliament , because 't is an essential part of the constitution , even without the law , it being the only provision in extraordinary cases , in which there would be otherwise no remedy , and there can be no greater solecism in government , than a failure of justice . he would have had one , because nothing else can unite and heal us , all other means are meer shifts and projects , houses of cards , to be blown down with the least breath , and cannot resist the difficulties which are ever presum'd in things of this kind ; and he would have had one , because it might have done the king good , and could not possibly have done him hurt , without his consent , which in that case is not to be supposed , and theresore for him to fear it , is so strange and so little to be comprehended , that the reasons can never be presum'd to grow in our soyl , or to thrive in it when transplanted from any other country ; and no doubt there are such irresistible arguments for calling a parliament , and tho it might , be deny'd to the unmannerly mutinous petitions of men , that are malicious and diaffected , it will be granted to the soft and obsequious murmurs of his majesty's best subjects , and there will be such retorick in their silent grief , that it will at last prevail against the artifices of those , who either out of guilt or interest , are afraid to throw themselves upon their country , knowing how scurvily they have used it ; that day of judgment will come , tho we know neither the day nor the hour . and our trimmer would live so as to be prepared for it , with full assurance in the mean time , that the lamenting voice of a nation cannot long be resisted , and that a prince who could so easily forgive his people when they had been in the wrong , cannot fail to hear them when they are in the right . the trimmer's opinion concerning the protestant religion . religion has such a superiority above other things , and that indispensable influence upon all mankind , that it is as necessary to our living happy in this world , as it is to our being sav'd in the next , without it man is an abandon'd creature , one of the worst beasts nature hath produc'd , and fit ònly for the society of wolves and bears ; therefore in all ages it has been the foundation of government : and tho' false gods have been impos'd upon the credulous part of the world , yet they were gods still in their opinion , and the awe and reverence men had to them and their oracles , kept them within bounds towards one another , which the laws with all their authority could never have effected without the help of religion ; the laws would not be able to subdue the perverseness of mens wills , which are wild beasts , and require a double chain to keep them down ; for this reason 't is said , that it is not a sufficient ground to make war upon a neighbouring state , because they are of another religion , let it be never so differing : yet if they worship'd nor acknowledg'd any deity at all , they may be invaded as publick enemies of mankind , because they reject the only thing that can bind them to live well with one another ; the consideration of religion is so twisted with that of government , that it is never to be separated , and tho the foundations of it ought to be eternal and unchangeable , yet the terms and circumstances of discipline , are to be suited to the several climates and constitutions , so that they may keep men in a willing acquiescence unto them , without discomposing the world by nice disputes , which can never be of equal moment with the publick peace . our religion here in england seems to be distinguished by a peculiar effect of god almighty's goodness , in permiting it to be introduc'd , or rather restored , by a more regular method than the circumstances of most other reformed churches , would allow them to do , in relation to the government ; and the dignity with which it has supported it self since , and the great men our church hath produced , ought to recommend it to the esteem of all protestants at least : our trimmer is very partial to it , for these reasons , and many more , and desires that it may preserve its due jurisdiction and authority ? so far he is from wishing it oppressed by the unreasonable and malicious cavils of those who take pains to raise objections against it . the questions will then be , how and by what methods this church shall best support it self ( the present circumstances consider'd ) in relation to dissenters of all sorts : i will first lay this for a ground , that as there can be no true religion without charity , so there can be no true humane prudence without bearing and condescension : this principle does not extend to oblige the church always to yield to those who are disposed to contest with her , the expediency of doing it is to be considered and determined according to the occasion , and this leads me to lay open the thoughts of our trimmer , in reference first , to the protestants , and then to the popish recusants . what has lately hapned among us , makes an apology necessary for saying any thing that looks like favour towards a sort of men who have brought themselves under such a disadvantage . the late conspiracy hath such broad symptoms of the disaffection of the whole party , that upon the first reflections , while our thoughts are warm , it would almost perswade us to put them out of the protection of our good nature , and to think that the christian indulgence with our compassion for other mens sufferings , cannot easily deny , seems not only to be forfeited by the ill appearances that are against them , but even becomes a crime when it is so misapplied ; yet for all this , upon second and cooler thoughts , moderate men will not be so ready to involve a whole party in the guilt of a few , and to admit inferences and presumptions to be evidence in a case , where the sentence must be so heavy , as it ought to be against all those who have a fixed resolution against the government established ? besides● men who act by a principle grounded upon moral vertue , can never let it be clearly extinguished by the most repeated provocations ; if a right thing agreeable to nature and good sense takes root in the heart of a man , that is impartial and unbyass'd , no outward . circumstances can ever destroy it ; it 's true , the degrees of a mans zeal for the prosecution of it may be differing , faults of other men , the consideration of the publick , and the seasonable prudence by which wise men will ever be directed , may give great allays ; they may lessen and for a time perhaps suppress the exercise of that , which in general proposition may be reasonable , but still whatever is so will inevitably grow and spring up again , having a foundation in nature , which is never to be destroy'd . our trimmer therefore endeavours to separate the detestation of those who had either a hand or a thought in the late plot , from the principle of prudential as well as christian charity towards mankind , and for that reason would fain use the means of reclaiming such of the dissenters as are not incurable , and even bearing to a degree those that are as far as may consist with the publick interest and security ; he is far from justifying an affected separation from the communion of the church , and even in those that mean well , and are mistaken , he looks upon it as a disease that has seized upon their minds , very troublesome as well as dangerous , by the consequence it may produce : he does not go about to excuse their making it an indispensable duty , to meet in numbers to say their prayers , such meetings may prove mischievous to the state at least ; the laws which are the best judges , have determined that there is danger in them : he has good nature enough to lament that the perversness of a part should have drawn rigorous laws upon the whole body of the dissenters , but when they are once made no private opinion must stand in opposition to them ; if they are in themselves reasonable , they are in that respect to be regarded , even without being enjoyned , if by the change of time and circumstances they should become less reasonable than when they were first made , even then they are to be obey'd too , because they are laws , till they are mended or repealed by the same authority that enacted them . he has too much deference to the constitution of our government , to wish for more prerogative declarations in favour of scrupulous men , or to dispence with penal laws in such manner , or to such an end , that suspecting men might with some reason pretend , that so hated a thing as persecution could never make way for it self with any hopes of success , otherwise than by preparing the deluded world by a false prospect of liberty and indulgence . the inward springs and wheels whereby the engine moved , are now so fully laid open and expos'd that it is not supposable that such a baffled experiment should ever be tryed again , the effect it had at the time , and the spirit it raised , will not easily be forgotten , and it may be presum'd the remembrance of it may secure us from any more attempts of that nature for the future ; we must no more break a law to give men ease , than we are to rifle an house with a devout intention of giving the plunder to the poor ; in this case , our compassion would be as ill directed , as our charity in the other . in short , the veneration due to the laws is never to be thrown off , let the pretences be never so specious ; yet with all this he cannot bring himself to think , that an extraordinary diligence to take the uttermost penalty of laws , upon the poor offending neighbour , is of it self such an all sufficient vertue , that without any thing else to recommend men , it should entitle them to all kind of preferments and rewards ; he would not detract from the merits of those who execute the laws , yet he cannot think such a piece of service as this , can entirely change the man , and either make him a better divine , or a more knowing magistrate than he was before , especially if it be done with a partial and unequal hand in reverence to greater and more dangerous offenders . our trimmer would have those mistaken men ready to throw themselves into the arms of the church , and he would have those arms as ready to receive them that shall come to us ; he would have no supercilious look to fright those strayed sheep from coming into the fold again ; no ill-natur'd maxims of an eternal suspicion , or a belief that those who have once been in the wrong can never be in the right again ; but a visible preparation of mind to receive with joy all the proselytes that come amongst us , and much greater earnestness to reclaim than punish them : it is to be confessed , there is a great deal to forgive , a hard task enough for the charity of a church so provoked ; but that must not cut off all hopes of being reconciled , yet if there must be some anger left still , let it break out into a christian revenge , and by being kinder to the children of disobedience than they deserve , let the injur'd church triumph , by throwing shame and confusion of face upon them ; there should not always be storms and thunder , a clear sky would sometime make the church look more like heaven , and would do more towards the reclaiming those wanderers , than a perpetual terrour , which seemed to have no intermission ; for there is in many , and particularly in english men , a mistaken pleasure , in resisting the dictates of rigorous authority ; a stomach that riseth , against a hard imposition , nay , in some , raise even a lust in suffering from a wrong point of honour , which does not want the applause , from the greater part of mankind , who have not learnt to distinguish ; constancy will be thought a virtue even where it is a mistake ; and the ill judging world will be apt to think that opinion most right , which produces the greatest number of those who are willing to suffer for it ; all this is prevented , and falls to the ground , by using well-timed indulgence ; and the stubborn adversary who values himself upon his resistance whilst he is oppress'd , yields insensibly to kind methods , when they are apply'd to him , and the same man naturally melts into conformity , who perhaps would never have been beaten into it . we may be taught by the compassion that attendeth the most criminal men when they are condemned , that faults are much more natural things than punishments , and that even the most necessary acts of severity do some kind of violence to our nature , whose indulgence will not be confined within the strait bounds of inexorable justice ; so that this should be an argument for gentleness , besides that it is the likeliest way to make these men asham'd of their separation , whilst the pressing them too hard , tends rather to make them proud of it . our trimmer would have the clergy supported in their lawful rights , and in all the power and dignity that belongs to them , and yet he thinks that possibly there may be in some of them a too great eagerness to extend the ecclesiastical jurisdiction ; which tho it may be well intended , yet the straining of it too high has an appearance of ambition that raises mens objections to it , and is far unlike the apostolick zeal , which was quite otherwise employ'd , that the world draws inferences from it , which do the church no service . he is troubled to see men of all sides sick of a calenture of a mistaken devotion , and it seems to him that the devout fire of mistaken charity with which the primitive christians were inflam'd , is long since extinguish'd , and instead of it a devouring fire of anger and persecution breaks out in the world ; we wrangle now one with another about religion till the blood comes , whilst the ten commandments have no more authority with us , than if they were so many obsolete laws or proclamations out of date ; he thinks that a nation will hardly be mended by principles of religion , where morality is made a heresy ; and therefore as he believes-devotion misplaced when it gets into a conventicle , he concludes that loyalty is so too , when lodg'd in a drunken club ; those vertues deserve a better seat of empire , and they are degraded , when such men undertake their defence , as have too great need of an apology themselves . our trimmer wishes that some knowledge may go along with the zeal on the right side , and that those who are in possession of the pulpit , would quote ▪ at least so often the authority of the scriptures as they do that of the state ; there are many who borrow too often arguments from the government ; to use against their adversaries , and neglect those that are more proper , and would be more powerful ; a divine grows less , and puts a diminution on his own character , when he quoteth any law but that of god almighty , to get the better of those who contest with him ; and it is a sign of a decay'd constitution , when nature with good diet cannot expel noxious humours without calling foreign drugs to her assistance ; so it looks , like want of health in a church , when instead of depending upon the power of that truth which it holds , and the good examples of them that teach it , to support it self , and to suppress errors , it should have a perpetual recourse to the secular authority , and even upon the slightest occasions . our trimmer has his objections to the too busy diligence , and to the overdoing of some of the dissenting clergy , and he does as little approve of those of our church , who wear god almighty's liveries , as some old warders in the tower do the king 's , who do nothing in their place but receive their wages for it ; he thinks that the liberty of the late times gave men so much light , and diffused it so universally amongst the people , that they are not now to be dealt with , as they might have been in ages of less enquiry ; and therefore in some well chosen and dearly beloved auditories , good resolute nonsence back'd with authority may prevail , yet generally men are become so good judges of what they hear , that the clergy ought to be very wary how they go about to impose upon their understandings , which are grown less humble than they were in former times , when the men in black had made learning such a sin in the laity , that for fear of offending , they made a conscience of being able to read ; but now the world is grown sawcy , and expects reasons , and good ones too , before they give up their own opinions to other mens dictates , tho never so magisterially deliver'd to them . our trimmer is far from approving the hypocrisie , which seems to be the reigning vice amongst some of the dissenting clergy , he thinks it the most provoking sin men can be guilty of , in relation to heaven , and yet ( which may seem strange ) that very sin which shall destroy the soul of the man who preaches , may help to save those of the company that hear him , and even those who are cheated by the false ostentation of his strictness of life , may by that pattern be encouraged to the real practice of those christian vertues which he does so deceitfully profess ; so that the detestation , of this fault may possibly be carry'd on too far by our own orthodox divines , if they think it cannot be enough express'd without bending the stick another way ; a dangerous method , and a worse extream for men of that character , who by going to the outmost line of christian liberty , will certainly encourage others to go beyond it : no man does less approve the ill-bred methods of some of the dissenters , in rebuking authority , who behave themselves as if they thought ill manners necessary to salvation ; yet he cannot but distinguish and desire a mean between the sawcyness of some of the scotch apostles , and the undecent courtship of some of the silken divines , who , one would think , do practice to bow at the altar , only to learn to make the better legs at court. our trimmer approves the principles of our church , that dominion is not founded in grace , and that our obedience is to be given to a popish king in other things , at the same time that our compliance with him in his religion is to be deny'd ; yet he cannot but think it a very extraordinary thing if a protestant church should by a voluntary election , chuse a papist for their guardian , and receive directions for supporting their religion , from one who must believe it a mortal sin not to endeavour to destroy it ; such a refined piece of breeding would not seem to be very well plac'd in the clergy , who will hardly find precedents to justify such an extravagant piece of courtship , and which is so unlike the primitive methods , which ought to be our pattern ; he hath no such unreasonable tenderness for any sorts of men , as to expect their faults should not be impartially laid open as often as they give occasion for it ; and yet he cannot but smile to see that the same man , who sets up all the sails of his rhetorick , to fall upon dissenters ; when popery is to be handled , he does it so gingerly , that he looketh like an ass mumbling of thistles , so afraid he is of letting himself loose where he may be in danger of letting his duty get the better of his discretion . our trimmer is far from relishing the impertinent wandrings of those who pour out long prayers upon the congregation , and all from their own stock , which god knows , for the most part is a barren soil , which produces weeds instead of flowers , and by this means they expose religion it self , rather than promote mens devotions : on the other side , there may be too great restraint put upon men , whom god and nature hath distinguished from their fellow labourers , by blessing them with a happier talent , and by giving them not only good sense , but a powerful utterance too , has enabled them to gush out upon the attentive auditory , with a mighty stream of devout and unaffected eloquence ; when a man so qualified , endued with learning too , and above all , adorn'd with a good life , breaks out into a warm and well deliver'd prayer before his sermon , it has the appearance of a divine rapture , he raises and leads the hearts of the assembly in another manner , than the most compos'd or best studied form of set words can ever do ; and the pray-wees , who serve up all their sermons with the same garnishing , would look like so many statues , or men of straw in the pulpit , compar'd with those who speak with such a powerful zeal , that men are tempted at the moment to believe heaven it self has dictated their words to ' em . our trimmer is not so unreasonably indulgent to the dissenters , as to excuse the irregularities of their complaints , and to approve their threatning stiles , which are so ill-suited to their circumstances as well as their duty ; he would have them to shew their grief , and not their anger to the government , and by such a submission to authority , as becomes them , if they cannot acquiesce in what is imposed ; let them deserve a legislative remedy to their sufferings , there being no other way to give them perfect redress ; and either to seek it , or pretend to give it by any other method , would not only be vain , but criminal too in those that go about it ; yet with all this , there may in the mean time be a prudential latitude left , as to the manner of preventing the laws now in force against them : the government is in some degree answerable for such an administration of them , as may be free from the censure of impartial judges ; and in order to that , it would be necessary that one of these methods be pursued , either to let loose the laws to their utmost extent , without any moderation or restraint , in which at least the equality of the government would be without objection , the penalties being exacted without remission from the dissenters of all kinds ; or if that will not be done ( and indeed there is no reason it should ) there is a necessity of some connivance to the protestant dissenters to execute that which in humanity must be allowed to the papists , even without any leaning towards them , which must be supposed in those who are or shall be in the administration of publick business ; and it will follow that , according to our circumstances , the distribution of such connivance must be made in such a manner , that the greatest part of it may fall on the protestant side , or else the objections will be so strong , and the inferences so clear , that the friends , as well as the enemies of the crown , will be sure to take hold of them . it will not be sufficient to say that the papists may be conniv'd at , because they are good subjects and that the protestant dissenters , must suffer because they are ill ones ; these general maxims will not convince discerning men , neither will any late instances make them forget what passed at other times in the world ; both sides have had their turns in being good and ill subjects . and therefore 't is easie to imagine what suspicions would arise in the present conjuncture , if such a partial argument as this should be impos'd upon us ; the truth is , this matter speaks so much of it self , that it is not only unnecessary , but it may be mannnerly to say any more of it . our trimmer therefore could wish , that since notwithstanding the laws which deny churches to say mass in ; even not only the exercise , but also the ostentation of popery is as well or better performed in the chappels of so many foreign ministers , where the english openly resort in spight of proclamations and orders of council , which are grown to be as harmless things to them , as the popes bulls and excommunications are to hereticks who are out of his reach ; i say he could wish that by a seasonable as well as an equal piece of justice , there might be so much consideration had of the protestant dissenters , as that there might be at sometimes , and at some places , a● veil thrown over an innocent and retired conventicle , and that such an indulgence might be practis'd with less prejudice to the church , or diminution to the laws ; it might be done so as to look rather like a kind omission to enquire more strictly , than an allow'd toleration of that which is against the rule established . such a skilful hand as this is very necessary in our circumstances , and the government by making no sort of men entirely desperate , does not only secure it self from villainous attempts , but lay such a foundation for healing and uniting laws , when ever a parliament shall meet , that the seeds of differences and animosities between the several contending sides may ( heaven consenting ) be for ever destroy'd . the trimmer's opinion concerning the papists . to speak of popery leads me into such a sea of matter , that it is not easie to forbear launching into it , being invited by such a fruitful theme , and by a variety never to be exhausted ; but to confine it to the present subject , i will only say a short word of the religion it self ; of its influences here at this time ; and of our trimmer's opinion in relation to our manner of living with them . if a man would speak maliciously of this religion , one may say it is like those diseases , where as long as one drop of the infection remains , there is still danger of having the whole mass of blood corrupted by it . in swedeland there was an absolute cure , and nothing of popery heard of , till queen christina , ( whether mov'd by arguments of this or the other world , may not be good manners to enquire ) thought fit to change her religion and country , and to live at rome , where she might find better judges of her virtues , and less ungentle censures of those princely liberties , to which she was sometimes disposed , than she left at stockholme ; where the good breeding is as much inferior to that of rome in general , as the civility of the religion . the cardinals having rescued the church from those clownish methods the fishermen had first introduc'd , and mended that pattern so effectually , that a man of that age , if he should now come into the world , would not possibly know it . in denmark the reformation was entire ; in some states of germany , as well as geneva , the cure was universal ; but in the rest of the world where the protestant religion took place , the popish humour was too tough to be totally expell'd , and so it was in england ; tho' the change was made with àll the advantage imaginable to the reformation , it being countenanc'd and introduc'd by legal authority , and by that means , might have been perhaps as perfect as in any other place , if the short reign of edward the th , and the succession of a popish queen had not given such advantage to that religion , that it has subsisted ever since under all the hardships that have been put upon it ; it has been a strong compact body , and made the more so by these sufferings ; it was not strong enough to prevail , but it was able , with the help of foreign support , to carry on an interest which gave the crown trouble , and to make a considerable ( not to say dangerous ) figure in the nation ; so much as this could not have been done without some hopes , nor these hopes kept up without some reasonable grounds : in queen elizabeth's time , the spanish zeal for their religion , and the revenge for , gave warmth to the papists here , and above all the right of the queen of scots to succeed , was while she lived sufficient to give them a better prospect of their affairs : in king james's time their hopes were supported by the treaty of the spanish match , and his gentleness towards them , which they were ready to interpret more in their own favour , than was either reasonable or became them , so little tenderness they have , even where it is most due , if the interest of their religion comes in competition with it . as for the late king , tho he gave the most glorious evidence that ever man did of his being a protestant , yet , by the more than ordinary influence the queen was thought to have over him , and it so happening that the greatest part of his anger was directed against the puritans , there was such an advantage to men dispos'd to suspect , that they were ready to interpret it a leaning towards popery , without which handle it was morally impossible , that the ill-affected part of the nation could ever have seduc'd the rest into a rebellion . that which help'd to confirm many well meaning men in their misapprehensions of the king , was the long and unusual intermission of parliaments ; so that every year that passed without one , made up a new argument to increase their suspicion , and made them presume that the papists had a principal hand in keeping them off ; this raised such heats in mens minds , to think that men who were obnoxious to the laws , instead of being punished , should have credit enough to serve themselves ; even at the price of destroying the fundamental constitution ; that it broke out into a flame , which before it could be quenched , had almost reduc'd the nation to ashes . amongst the miserable effects of that unnatural war , none hath been more fatal to us , than the forcing our princes to breathe in another air , and to receive the early impressions of a foreign education ; the barbarity of the english , towards the king and the royal family , mighty very well tempt him to think the better of every thing he found abroad , and might-naturally produce more gentleness , at least , towards a religion by which he was hospitably received , at the same time that he was thrown off and persecuted by the protestants , ( tho' his own subjects ) to aggravate the offence . the queen mother , ( as generally ladies do with age ) grew most devout and earnest in her religion ; and besides , the temporal rewards of getting larger subsidies from the french clergy , she had motives of another kind , to perswade her to shew her zeal ; and since by the roman dispensatory , a soul converted to the church is a soveraign remedy , and lays up a mighty stock of merit , she was solicitous to secure her self in all events , and therefore first set upon the duke of glocester , who depended so much upon her good will , that she might for that reason have been induc'd to believe , the conquest would not be difficult ; but it so fell out , that he either from his own constancy , or that he had those near him by whom he was otherways advis'd , chose rather to run away from her importunity , than by staying to bear the continual weight of it : it is believ'd she had better success with another of her sons , who , if he was not quite brought off from our religion , at least such beginnings were made , as made them very easie to be finish'd ; his being of a generous and aspiring nature , and in that respect , less patient in the drudgery of arguing , might probably help to recommend a church to him , that exempts the laity from the vexation of enquiring ; perhaps he might ( tho by mistake ) look upon that religion as more favourable to the enlarged power of kings , a consideration which might have its weight with a young prince in his warm blood , and that was brought up in arms. i cannot hinder my self from a small digression , to consider with admiration , that the old lady of rome , with all her wrinkles , should yet have charms , able to subdue great princes ; so far from handsome , and yet so imperious ; so painted , and yet so pretending ; after having abus'd , depos'd , and murther'd so many of her lovers , she still finds others glad and proud of their now chains ; a thing so strange ) to indifferent judges , that those who will allow no other miracles in the church of rome , must needs grant that this is one not to be contested ; she sits in her shop , and sells at dear rates her rattles and her hobby-horses , whilst the deluded world still continues to furnish her with customers . but whither am i carried with this contemplation ? it is high time to return to my text , and to consider the wonderful manner of the kings coming home again , led by the hand of heaven , and called by the voice of his own people , who receiv'd him , if possible , with joys equal to the blessing of peace and union which his restauration brought along with it ; by this there was an end put to the hopes some might have abroad , of making use of 〈◊〉 less happy circumstances , to throw him into foreign interests and opinions , which had been wholly inconsistent with our religion , our laws , and all other things that are dear to us ; yet for all this some of those tinctures and impressions might so far remain , as tho' they were very innocent in him , yet they might have ill effects here , by softning the animosity which seems necessary to the defender of the protestant faith , in opposition to such a powerful and irreconcilable an enemy . you may be sure , that among all the sorts of men who apply'd themselves to the king at his first coming home , for his protection , the papists were not the last , no● as they fain would have flatter'd themselves , the least welcome ; having their past sufferings , as well as their present professions to recommend them ; and there was something that look'd like a particular consideration of them , since it so happened , that the indulgence promised to dissenters at breda , was carried , on in such a manner , that the papists were to divide with them , and tho' the parliament , notwithstanding its resignation to the crown in all things , rejected with scorn and anger a declaration fram'd for this purpose , yet the birth and steps of it gave such an alarm , that mens suspicions once raised , were not easily laid asleep again . to omit other things , the breach of the tripple league , and the dutch war with its appurtenances , carried jealousies to the highest pitch imaginable , and fed the hopes of one party , and the fears of the other to such a degree , that some critical revolutions were generally expected , when the ill success of that war , and the sacrifice france thought fit to make of the papists here , to their own interest abroad , gave them another check ; and the act of enjoyning the test to all in offices , was thought to be no ill bargain to the nation , tho' bought at the price of pound , and the money apply'd to continue the war against the dutch , than which nothing could be more unpopular or less approved . notwithstanding the discouragements , popery is a plant that may be mowed down , but the root will still remain , and in spite of the laws , it will sprout up and grow again ; especially if it should happen that there should be men in power , who in weeding it out of our garden , will take care to cherish and keep it alive ; and tho' the law for excluding them from places of trust was tolerably kept as to their outward form , yet there were many circumstances , which being improved by the quick-sighted malice of ill affected men , did help to keep up the world in their suspicions , and to blow up jealousies to such a height both in and out of parliament , that the remembrance of them is very unpleasant , and the example so extravagant , that it is to be hop'd nothing in our age like it will be re-attempted ; but to come closer to the case in question in this condition we stand with the papists , what shall now be done according to our trimmer's opinion , in order to the better bearing this grievance , since as i have said before , there is no hopes of being entirely free from it ; papists we must have among us , and if their religion keep them from bringing honey to the hive , let the government try at least by gentle means to take away the sting from them . the first foundation to be laid is , that a distinct consideration is to be had of the popish clergy , who have such an eternal interest against all accommodation , that it is a hopeless thing to propose any thing to them less than all ; their stomachs have been set for it ever since the reformation , they have pinned themselves to a principal that admits no mean : they believe protestants will be damn'd , and therefore by an extraordinary effect of christian charity , they would destroy one half of england that the other might be saved ; then for this world , they must be in possession for god almighty , to receive his rents for him , not to accompt till the day of judgment , which is a good kind of tenure , and ye cannot well blame the good men , that will stir up the laity to run any hazard in order to the getting them restor'd . what is it to the priest , if the deluded zealot undoes himself in the attempt ? he sings masses as jollily , and with as good a voice at rome or st. omers as ever he did ; is a single man , and can have no wants but such as may be easily supply'd , yet that he may not seem altogether insensible , or ungrateful to those that are his martyrs , he is ready to assure their executors , and if they please , will procure a grant sub annulo piscatoris , that the good man by being changed , has got a good bargain , and sav'd the singing of some hundred of years , which he would else have had in purgatory . there 's no cure for this order of men , no expedient to be propos'd , so that tho the utmost severity of the laws against them , may in some sort be mitigated , yet no treaty can be made with men who in this case have left themselves no free will , but are so muffled by zeal , tyed by vows , and kept up by such unchangeable maxims of the priesthood , that they are to be left as desperate patients , and look'd upon as men that will continue in an eternal state of hostility , till the nation is entirely subdued to them . it is then only the lay papists that are capable of being treated with , and we are to examine of what temper they are , and what arguments are the most likely to prevail upon them , and how far 't is adviseable for the government to be indulgent to them ; the lay papists generally keep their religion , rather because they will not break company with those of their party , than out of any settled zeal that hath root in them ; most of them do by the mediation of the priests marry amongst one another , to keep up an ignorant position by hearing only one side ; others by a mistake look upon it as the escutcheo●s of the more antient religion of the two ; and as some men of a good pedigree , wi●● despise meaner men , tho' never so 〈◊〉 superior to them by nature , so these under● value reformation as an upstart , and think there is more honour in supporting an old errour , than in embracing what seems to them to be a new truth ; the laws have made them men of pleasure , by excluding them from publick business , and it happen● well they are so , since they will the more easily be perswaded by arguments of ease and conveniency to them ; they have not put off the man in general , nor the englishman in particular , those who in the la●e storm against them went into other countries , tho they had all the advantage that might recommend them to a good reception , yet in a little time they chose to steal over again , and live here with hazard , rather than abroad with security . there is a smell in our native earth , better than all the perfumes in the east ; there is something in a mother , tho never so angry , that the children will more naturally trust her , than the studied civilities of strangers , let them be never so hospitable ; therefore 't is not adviseable nor agreeing with the rules of governing prudence , to provoke men by hardships to forget that nature , which else is sure to be of our side . when these men by fair usage are put again into their right senses , they will have quite differing reflections from those which rigour and persecution had raised in them : a lay papist will first consider his abby-lands , which notwithstanding whatever has or can be alledged , must sink considerably in the value , the moment that popery prevails ; and it being a disputable matter , whether zeal might not in a little time get the better of the law in that case ; a considering man will admit that as an argument to perswade him , to be content with things as they are , rather than run this or any other hazard by change , in which perhaps he may have no other advantage , than that his new humble confessor may be rais'd to a bishoprick , and from thence look down superciliously upon his patron , or which is worse , run to take possession for god almighty of his abby , in such a manner as the usurping landlord ( as he will then be called ) shall hardly be admitted to be so much as a tenant to his own land's , lest his title should prejudge that of the church , which will then be the language ; he will think what disadvantage 't is to be looked upon as a separate creature , depending upon a foreign interest and authority , and for that reason , expos'd to the jealousie and suspicion of his country-men ; he will reflect what incumbrance it is to have his house a pasture for hungry priests to graze in , which have such a never-failing influence upon the foolish , which is the greatest part of every man's family , that a man's dominion , even over his own children , is mangled , and divided , if not totally undermin'd by them ; then to be subject to what arbitrary taxes the popish convocation shall impose upon them for the carrying on the common interest of that religion , under penalty of being mark'd out for half hereticks by the rest of the party ; to have no share in business , no opportunity of shewing his own value to the world ; to live at the best an useless , and by others to be thought a dangerous member of the nation where he is born , is a burthen to a generous mind that cannot be taken off by all the pleasure of a lazy unmanly life , or by the nauseous enjoyment of a dull plenty , that produceth no good for the mind , which will be considered in the first place by a man that has a soul ; when he shall think , that if his religion , after his wading through a sea of blood , come at last to prevail , it would infinitely lessen , if not entirely destroy the glory , riches , strength and liberty of his own country . and what a sacrifice is this to make to rome , where they are wise enough to wonder there should be such fools in the world , as to venture , struggle , and contend , nay even die martyrs for that which , should it succeed , would prove a judgment instead of a blessing to them ; he will conclude that the advantages of throwing some of their children back again to god almighty when they have too many of them , are not equal to the inconveniencies they may either feel or fear , by continuing their separation from the religion established . temporal things will have their weight in the world , and tho zeal may prevail for a time , and get the better in a skirmish , yet the war ends generally on the side of flesh and blood , and will do so till mankind is another thing than it is at present : and therefore a wise papist in cold blood , considering these and many other circumstances , which 't will be worth his pains to see if he can unmuffle himself from the mask of infallibility , will think it reasonable to set his imprison'd senses at liberty , and that he has a right to see with his own eyes , hear with his own ears , and judge by his own reason ; the consequence of which might probably be , that weighing things in a right scale , and seeing them in their true colours , he would distinguish between the merit of suffering for a good cause , and the foolish ostentation of drawing inconveniences upon himself ; and therefore will not be unwilling to be convinc'd that our protestant creed may make him 〈◊〉 in the other world , and the 〈…〉 this . a few of such wise proselytes would by their example draw so many after them , that the party would insensibly melt away , and in a little time , without any angry word , we should come to an union , that all good men would have reason to rejoyce at ; but we are not to presume upon these conversions , without preparing men for them by kind and reconciling arguments ; nothing is so against our nature , as to believe those can be in the right who are too hard upon us ; there is a deformity in every thing that doth us hurt , it will look scurvily in our eye while the smart continues , and a man must have an extraordinary measure of grace , to think well of a religion that reduces him and his family to misery ; in this respect our trimmer would consent to the mitigation of such laws as were made , ( as it 's said king henry viii . got queen elizabeth ) in a heat against rome : it may be said that even states as well as private men are subject to passion ; a just indignation of a villainous attempt produces at the same time such remedies , as perhaps are not without some mixture of revenge , and therefore tho time cannot repeal a law , it may by a natural effect soften the execution of it ; there is less danger to rouse a lyon when at rest , than to awake laws that were intended to have their time of sleeping , nay more than that , in some cases their natural periods of life , dying of themselves without the solemnity of being revok'd , any otherwise than by the common consent of mankind , who do cease to execute , when the reasons in great measure fail that first created and justify'd the rigour of such unusual penalties . our trimmer is not eager to pick out some places in history against this or any other party ; quite contrary , is very sollicitous to find out any thing that may be healing , and tend to an agreement ; but to prescribe the means of this gentleness so as to make it effectual , must come from the only place that can furnish remedies for this cure , viz. a parliament ; in the mean time , it is to be wished there may be such a mutual calmness of mind , as that the protestants might not be so jealous , as still to smell the match that was to blow up the king and both houses in the gun-powder treason , or to start at every appearance of popery , as if it were just taking possession . on the other side , let not the papists suffer themselves to be led by any hopes , tho never so flattering , to a confidence or ostentation which must provoke men to be less kind to them ; let them use modesty on their sides , and the protestants indulgence on theirs ; and by this means there will be an overlooking of all venial faults , a tacit connivence at all things that do not carry scandal with them , and would amount to a kind of natural dispensation with the severe laws , since there would be no more accusers to be found , when the occasions of anger and animosity are once remov'd ; let the papists in the mean time remember , that there is a respect due from all lesser numbers to greater , a deference to be paid by an opinion that is exploded , to one that is established ; such a thought well digested will have an influence upon their behaviour , and produce such a temper as must win the most eager adversaries out of their ill humour to them , and give them a title to all the favour that may be consistent with the publick peace and security . the trimmer's opinion in relation to things abroad . the world is so compos'd , that it is hard , if not impossible , for a nation not to be a great deal involv'd in the fate of their neighbours , and tho by the felicity of our situation , we are more independant than any other people , yet we have in all ages been concern'd for our own sakes in the revolutions abroad . there was a time when england was the over-balancing power of christendom , and that either by inheritance or conquest , the better part of france receiv'd laws from us ; after that we being reduc'd into our own limits , france and spain became the rivals for the universal monarchy , and our third power , tho in it self less than either of the other , hapned to be superiour to any of them , by that choice we had of throwing the scales on that side to which we gave our friendship . i do not know whether this figure did not make us as great as our former conquest , to be a perpetual umpire of two great contending powers , who gave us all their courtship , and offer'd all their incense at our altar , whilst the fate of either prince seemed to depend upon the oracles we delivered ; for the king of england to sit on his throne , as in the supream court of justice , to which the two great monarchs appeal , pleading their cause , and expecting their sentence ▪ declaring which side was in the right , or at least if we pleas'd which side should have the better of it , was a piece of greatness which was peculiar to us , and no wonder if we endeavour to preserve it , as we did for a considerable time , it being our safety , as well as glory , to maintain it ; but by a fatality upon our councils , or by the refin'd policy of this latter age , we have thought fit to use industry to destroy this mighty power , which we have so long enjoyed ; and that equality between the two monarchs , which we might for ever have preserved , has been chiefly broken by us , whose interest it was above all others to maintain it ; when one of them , like the overflowing of the sea , had gained more upon the other than our convenience , or indeed our safety , would allow ; instead of mending the banks , or making new ones , we our selves with our own hands helpt to cut them , to invite and make way for a farther inundation . france and spain have had their several turns in making use of our mistakes , and we have been formerly as deaf to the instances of the then weaker part of the world to help them against the house of austria , as we can now be to the earnestness of spain , that we would assist them against the power of france . gondamar was as sawey , and as powerful too in king james his court , as any french ambassadour can have been at any time since , when men talk as wrong then on the spanish side , and made their court by it , as well as any can have done since by talking as much for the french ; so that from that time , instead of weighing in a wise balance the power of either crown , it looks as if we had learnt only to weigh the pensions , and take the heaviest . it would be tedious , as well as unwelcome , to recapitulate all our wrong steps , so that i will go no farther than the king's restauration , at which time the balance was on the side of france , and that by the means of cromwell , who for a separate interest of his own had sacrificed that of the nation , by joining with the stronger side , to suppress the power of spain , which he ought to have supported . such a method was natural enough to an usurper , and shew'd he was not the lawful father of the people , by his having so little care of them ; and the example coming from that hand , one would think should , for that reason , be less likely to be follow'd . but to go on , home comes the king , followed with courtships from all nations abroad , of which some did it not only to make them forget how familiarly they had us'd him when he was in other circumstances , but to bespeak the friendship of a prince , who besides his other greatness , was yet more considerable by being re-established by the love of his people . france had an interest either to dispose us to so much good will , or at least to put us into such a condition , that we might give no opposition to their designs ; and flanders being a perpetual object in their eye , a lasting beauty for which they have an incurable passion , and not being kind enough to consent to them , they meditated to commit a rape upon her , which they thought would not be easie to do , while england and holland were agreed to rescue her , when-ever they should hear her cry out for help to them ; to this end they put in practice seasonable and artificial whispers , to widen things between us , and the states . amboyna and the fishery must be talk'd of here ; the freedom of the seas , and the preservation of track must be insinuated there ; and there being combustible matter on both sides , in ● little time it took fire , which gave those that kindled it , sufficient cause to smile and hug themselves , to see us both fall into the net they had laid for us . and it is observable and of good example to us , if we wil● take it , that their design being to set 〈◊〉 together at cuffs to weaken us , they kept themselves lookers on till our victori●● began to break the balance ; then the king of france , like a wise prince , was resolved to support the beaten side , and would no more let the power of the sea , than we ought to suffer the monarchy of europe , to fall into one hand : in pursuance to this he took part with the dutch , and in a little time made himself umpire of the peace between us ; some time after , upon pretence of his queen's title to part of flanders● by right of devolution , he falls into i● with a mighty force , for which the spaniard was so little prepared , that he made a very swift progress , and had such a torrent of undisputed victory , that england and holland , tho the wounds they had given one another were yet green ; being struck with the apprehension of so near a danger to them , thought it necessary , for their own defence , to make up a sudden league , into which sweden was taken to interpose for a peace between the two crowns . this had so good an effect , that france was stopt in its career , and the peace of aix le chapelle was a little after concluded . 't was a forc'd put ; and tho france wisely dissembled their inward dissatisfaction , yet from the very moment they resolv'd to unty the triple knot , whatever it cost them ; for his christian majesty , after his conquering meals , ever rises with a stomach , and he lik'd the pattern so well , that it gave him a longing desire to have the whole piece . amongst the other means used for the attaining this end , the sending over the dutchess of orleans , was not the least powerful ; she was a very welcome guest here , and her own charms and dexterity joined with other advantages , that might help her perswasions , gave her such an ascendant , that she should hardly fail of success . one of the preliminaries of her treaty , tho a trivial thing in it self , yet was considerable in the consequence , as very small circumstances often are in relation to the government of the world. about this time a general humour , in opposition to france , had made us throw off their fashion , and put on vests , that we might look more like a distinct people , and not be under the servility of imitation , which ever pays a greater deference to the original ; than is consistent with the equality all independent nations should pretend to ; france did not like this small beginning of ill humours , at least of emulation , and wisely considering that it is a natural introduction first to make the world their apes , that they may be afterwards their slaves . it was thought that one of the instructions madam brought along with her , was to laugh us out of these vests , which she performed so effectually , that in a moment , like so many footmen who had quitted their masters livery , we all took it again , and returned to our old service ; so that the very time of doing it gave a very critical advantage to france ; since it lookt like an evidence of our returning to their interest , as well as to their fashion , and would give such a distrust of us to our new allies , that it might facilitate the dissolution of the knot , which tied them so within their bounds , that they were very impatient till they were freed from the re●●●aint . but the lady had a more extended commission than this and without doubt we double-laid the foundation of a new strict alliance , quite contrary to the other , in which we had been so lately engag'd . and of this there were such early appearances , that the world began to look upon us as falling into apostacy from the common interest . notwithstanding all this , france did not neglect at the same time to give good words to the dutch , and even to feed them with hopes of supporting them against us , when on a sudden , that never to be forgotten declaration of war against them comes out , only to vindicate his own glory , and to revenge the injuries done to his brother in england , by which he became our second in this duel ; so humble can this prince be , when at the same time he does more honour than we deserve , he lays a greater share of the blame upon our shoulders , than did naturally belong to us ; the particulars of that war , our part in it while we staid in it , and when we were out of breath , our leaving the french to make an end of it , are things too well known to make it necessary , and too unwelcome in themselves to incite me to repeat them ; only the wisdom of france is in this to be observ'd , that when we had made a separate peace , which left them single to oppose the united force of the confederates , they were so far from being angry , that they would not shew so much as the least coldness , hoping to get as much by our mediation for a peace , as they would have expected from our assistance in the war , our circumstances at that time considered ; this seasonable piece of indulgence in not reproaching us , but rather allowing those necessities of state which we gave for our excuse , was such an engaging method , that it went a great way to keep us still in their chains , when , to the eye of the world , we had absolutely broke loose from them : and what pass'd afterwards at nimeguen , tho the king's neutrality gave him the outward figure of a mediator , it appear'd that his interposition was extremely suspected of partiality by the confederates , who upon that ground did both at and before the conclusion of that treaty , treat his ministers there with a great deal of neglect in his peace as well as that in the pyrenean and aix le chapelle , the king of france , at the moment of making it , had the thought of breaking it ; for a very little time after he broach'd his pretensions upon alost , which were things that if they had been offer'd by a less formidable hand , would have been smiled at ; but ill arguments being seconded by good armies , carry such a power with them , that naked sense is a very unequal adversary . it was thought that these aiery claims were chiefly rais'd with the prospect of getting luxenburg for the equivalent ; and this opinion was confirm'd by the blocking it up afterwards , pretending to the country of chimay , that it might be entirely surrounded by the french dominions , and it was so pressed that it might have fallen in a little time , if the king of france had not sent orders to his troops to retire , and his christian generosity which was assign'd for the reason of it , made the world smile , since it is seen how differently his devout zeal works in hungary : that specious reason was in many respects ill-tim'd , and france it self gave it so faintly , that at the very time it look'd out of countenance ; the true ground of his retiring is worth our observation ; for at the instance of the confederates , offices were done , and memorials given , but all ineffectual till the word parliament was put into them ; that powerful word had such an effect , that even at that distance it rais'd the seige , which may convince us of what efficacy the king of england's words are , when he will give them their full weight , and threaten with his parliament ; it is then that he appears that great figure we ought to represent him in our minds , the nation his body , he the head , and joined with that harmony , that every word he pronounces is the word of a kingdom : such words , as appears by this example , are as effectual as fleets and armies , because they can create them , and without this his word sounds abroad like a faint whisper , that is either not heard , or ( which is worse ) not minded . but tho france had made this step of forced compliance , it did not mean to leave off the pursuit of their pretensions ; and therefore immediately proposed the arbitration to the king ; but it appear'd , that notwithstanding his merit towards the confederates , in saving luxenburg , the remembrances of what had passed before , had left such an ill taste in their mouths , that they could not relish our being put into a condition to dispose of their interests , and therefore declin'd it by insisting upon a general treaty , to which france has ever since continued to be averse ; our great earnestness also to perswade the confederates to consent to it , was so unusual , and so suspicious a method , that it might naturally make them believe , that france spake to them by our mouth , and for that reason , if there has been no other , might hinder the accepting it ; and so little care hath been taken to cure this , or other jealousies the confederates may have entertain'd , that quite contrary , their ministers here every day take fresh alarms , from what they observe in small , as well as in greater circumstances ; and they being apt both to take and improve apprehensions of this kind , draw such inferences from them , as make them entirely despair of us . thus we now stand , far from being innocent spectators of our neighbours ruine , and by a fatal mistake forgetting what a certain fore-runner it is to our own ▪ and now it 's time our trimmer should tell something of his opinion , upon this present state of things abroad , he first professes to have no biass , either for or against france , and that his thoughts are wholly directed by the interest of his own country ; he allows , and has read that spain used the same methods , when it was in its heighth , as france doth now , and therefore it is not partiality that moves him ; but the just fear which all reasonable men must be possess'd with , of an over-growing power ; ambition is a devouring beast , when it hath swallow'd one province , instead of being cloyed , it has so much the greater stomach to another , and being fed , becomes still the more hungry ; so that for the confederates to expect a security from any thing but their own united strength , is a most miserable fallacy ; and if they cannot resist the incroachments of france by their arms , it is in vain for them to dream of any other means of preservation ; it would have the better grace , besides the saving so much blood and ruin , to give up all at once ; make a present of themselves , to appease this haughty monarch , rather than be whisper'd , flatter'd , or cozened out of their liberty . nothing is so soft as the first applications of a greater prince , to engage a weaker , but that smiling countenance is but a vizard , it is not the true face ; for as soon as their turn is serv'd , the courtship flies to some other prince or state , where the same part is to be acted over again , leaves the old mistaken friend , to neglect and contempt , and like an insolent lover to cast off mistress , reproaches her with that infamy , of which he himself was the author , sweden , bavaria , palatine , &c. may by their fresh examples , teach other princes what they are reasonably to expect , and what snakes are hid under the flowers the court of france so liberally throws upon them , whilst they can be useful . the various methods and deep intrigues , with the differing notes in several countries , do not only give suspicion , but assurance that every thing is put in practice , by which universal monarchy may be obtain'd . who can reconcile the withdrawing of his troops from luxenburg , in consideration of the war in hungary , which was not then declared , and presently after encouraging the turk to take vienna , and consequently to destroy the empire ? or who can think that the persecution of the poor protestants of france , will be accepted of god , as an atonement for hazarding the loss of the whole christian faith ? can he be thought in earnest , when he seem'd to be afraid of the spaniards , and for that reason must have luxenburg , and that he cannot be safe from germany , unless he is in possession of strasburg ? all injustice and violence must in it self be grievous , but the aggravations of supporting 'em by false arguments , and insulting reasons , has something in it yet more provoking than the injuries themselves ; and the world has ground enough to apprehend , from such a method of arguing , that even their senses are to be subdu'd as well as their liberties . then the variety of arguments used by france in several countries is very observable : in england and denmark , nothing insisted on but the greatness and authority of the crown ; on the other side , the great men in poland are commended , who differ in opinion with the king , and they argue like friends to the privilege of dyet , against the separate power of the crown : in sweden they are troubled that the king should have chang'd something there of late , by his single authority , from the antient and settled authority and constitutions : at ratis bone , the most christian majesty taketh the liberties of all the electors , and free states , into his protection , and tells them the emperour is a dangerous man , an aspiring hero , that would infallibly devour them , if he was not at hand to resist him on their behalf ; but above all in holland , he has the most obliging tenderness for the common-wealth , and is in such disquiets , lest it should be invaded by the prince of orange , that they can do no less in gratitude , than undo themselves when he bids them , to show how sensible they are of his excessive good nature ; yet in spight of all these contradictions , there are in the world such refin'd states-men , as will upon their credit affirm the following paradoxes to he real truth ; first that france alone is sincere and keeps its faith , and consequently that it is the only friend we can rely upon ; that the king of france , of all men living , has the least mind to be a conqueror ; that he is a sleepy , tame creature , void of all ambition , a poor kind of a man , that has no farther thoughts than to be quiet ; that he is charm'd by his friendship to us , that it is impossible he should ever do us hurt , and therefore tho flanders was lost , it would not in the least concern us ; that he would fain help the crown of england to be absolute , which would be to take pains to put it into a condition to oppose him , as it is , and must be our interest , as long as he continues in such an overballancing power and greatness . such a creed as this , if once receiv'd , might prepare our belief for greater things , and as he that taught men to eat a dagger , began first with a pen knife ; so if we can be prevail'd with to digest the smaller mistakes , we may at last make our stomachs strong enough for that of transubstantiation . our trimmer cannot easily be converted out of his senses by these state sophisters , and yet he has no such peevish obstinacy as to reject all correspondence with france , because we ought to be apprehensive of the too great power of it ; he would not have the kings friendship to the confederates extended to the involving him in any unreasonable or dangerous engagements , neither would he have him lay aside the consideration of his better establishment at home , out of his excessive zeal to secure his allies abroad ; but sure there might be a mean between these two opposite extreams , and it may be wish'd that our friendship with france should at least be so bounded , that it may consist with the humour as well as the interest of england . there is no woman but has the fears of contraictng too near an intimacy with a much greater beauty , because it exposes her too often to a comparison that is not advantageous to her ; and sure it may become a prince to be as jealous of his dignity , as a lady can be of her good looks , and to be as much out of countenance , to be thought an humble companion to so much a greater power ; to be always seen in an ill light , to be so darkned by the brightness of a greater star , is somewhat mortifying ; and when england might ride admiral at the head of the confederates , to look like the kitching-yatch to the grand louis , is but a scurvy figure for us to make in the map of christendom ; it would rise up in our trimmer's stomach ▪ if ever ( which god forbid ) the power of calling and intermitting parliaments here , should be transferred to the crown of france , and that all the opportunities of our own settlements at home should give way to their projects abroad ; and that our interests should be so far sacrific'd to our compliance , that all the omnipotence of france can never make us full amends for it in the mean time , he shrinks at the dismal prospect he can by no means drive away from his thoughts , that when france has gather'd all the fruit arising from our mistakes , and that we can bear no more with them , they will cut down the tree and throw it into the fire ; for all this while , some superfine states-men , to comfort us , would sain perswade the world that this or that accident may save us , and for all that is or ought to be dear to us , would have us to rely wholly upon chance , not considering that fortune is wisdoms creature , and that god almighty loves to be on the wisest as well as the strongest side ; therefore this is such a miserable shift , such a shameful evasion , that they would be laught to death for it , if the ruining consequence of this mistake did not more dispose men to rage , and a detestation of it . our trimmer is far from idolatry in other things , in one thing only he comes near it , his country is in some degree his idol ; he does not worship the sun , because 't is not peculiar to us , it rambles about the world , and is less kind to us than others ; but for the earth of england , tho perhaps inferior to that of many places abroad , to him there is divinity in it , and he would rather dye , than see a piece of english glass trampled down by a foreign trespasser : he thinks there are a great many of his mind , for all plants are apt to taste of the soyl in which they grow , and we that grow here , have a root that produces in us a stalk of english juice , which is not to be changed by grafting or foreign infusion and i do not know whether any thing less will prevail , than the modern experiment , by which the blood of one creature is transmitted into another ; according to which , before the french can be let into our bodies , every drop of our own must be drawn out of them . our trimmer cannot but lament , that by a sacrifice too great for one nation to another , we should be like a rich mine , made useless only for want of being wrought , and that the life and vigour which should move us against our enemies is miserably apply'd to tear our own bowels ; that being made by our happy situation , not only safer , but if we please greater too , than other countries which far exceed us in extent ; that having courage by nature , learning by industry , and riches by trade , we should corrupt all these advantages , so as to make them insignificant , and by a fatality which seems peculiar to us , misplace our active rage one against another , whilst we are turn'd into statues on that side where lies our greatest danger ; to be unconcern'd not only at our neighbours ruine but our own , and let our island lie like a great hulk in the sea , without rudder or sail , all the men cast away in her , or as if we were all children in a great cradle , and rockt asleep to a foreign tune . i say when our trimmer representeth to his mind , our roses blasted and discolour'd , whilst the lilies triumph and grow insolent , upon the comparison ; when he considers our own once flourishing lawrel , now withered and dying , and nothing left us but a remembrance of a better part in history , than we shall make in the next age : which will be no more to us than an escutcheon hung upon our door when we are dead ; when he foresees from hence , growing infamy from abroad , confusion at home , and all this without the possibility of a cure , in respect of the voluntary fetters good men put upon themselves by their allegiance without a good measure of preventing grace , he would be tempted to go out of the world like a roman philosopher , rather than endure the burthen of life under such a discouraging prospect . but mistakes , as all other things , have their periods , and many times the nearest way to cure , is not to oppose them , but stay till they are crusht with their own weight : for nature will not allow any thing to continue long that is violent ; violence is a wound , and as a wound , must be curable in a little time , or else 't is mortal ; but a nation , comes near to be immortal , therefore the wound will one time or another be cured , tho perhaps by such rough methods , if too long forborn , as may even make the best remedies we can prepare , to be at the same time a melancholy contemplation to us ; there is but one thing ( god almighties providence excepted ) to support a man from sinking under these afflicting thoughts , and that is the hopes we draw singly from the king himself ▪ without the mixture of any other consideration . tho the nation was lavish of their kindness to him at his first coming , yet there remains still a stock of warmth in mens hearts for him . besides the good influences of his happy planet are not yet all spent , and tho the stars of men past their youth are generally declining , and have less force like the eyes of decaying beauties , yet by a blessing peculiar to himself , we may yet hope to be sav'd by his autumnal fortune ; he has something about him that will draw down 〈◊〉 healing miracle for his and our deliverance ; a prince which seems fitted for such in offending age , in which mens crimes have been so general , that the not forgiving his people has been the destroying of them , whose gentleness gives him a natural dominion that hath no bounds , with such a noble mixture of greatness and condescention , an engaging look , that disarms men of their ill humors , and their resentments ; something in him that wanteth a name , and can be no more defined than it can be resisted ; a gift of heaven , of its last finishing , where it will be peculiarly kind ; the only prince in the world that dares be familiar , or that has right to triumph over those forms which were first invented to give awe to those who could not judge , and to hide defects from those that could ; a prince that has exhausted himself by his liberality , and endanger'd himself by his mercy ; who out-shines by his own light and natural virtues all the varnish of studied acquisitions ; his faults are like shades to a good picture , or like allay to gold , to make it the more useful , he may have some , but for any man to see them through so many reconciling virtues , is a sacrilegious piece of ill nature , of which no generous mind can be guilty ; a prince that deserves to be lov'd for his own sake , even without the help of a comparison ; our love , our duty , and our danger , all join to cement our obedience to him ; in short whatever , he can do , it is no more possible for us to be angry with him , than with a bank that secures us from the raging sea , the kind shade that hides us from the scorching sun , the welcome hand that reaches us a reprieve , or with the guardian angel , that rescues our souls from the devouring jaws of wretched eternity . conclusion to conclude , our trimmer is so fully satisfy'd of the truth of these principles , by which he is directed , in reference to the publick , that he will neither be hectored and threatned , laught , nor drunk out of them ; and instead of being converted by the arguments of his adversaries to their opinions , he is very much confirmed in his own by them ; he professes solemnly that were it in his power to chuse , he would rather have his ambition bounded by the commands of a great and wise master , than let it range with a popular licence , tho' crown'd with success ; yet he cannot commit such a sin against the glorious thing call'd liberty , nor let his soul stoop so much below it self , as to be content without repining to have his reason wholly subdu'd , or the privilege of acting like a sensible creature , torn from him by the imperious dictates of unlimited authority , in what hand soever it happens to be plac'd . what is there in this that is so criminal , as to deserve the penalty of that most singular apophthegm , a trimmer is worse than a rebel ? what do angry men ail to rail so against moderation , do's it not look as if they were going to some very scurvy extreme , that is too strong to be digested by the more considering part of mankind ? these arbitrary methods , besides the injustice of them , are ( god be thanked ) very unskillful too , for they fright the birds , by talking so loud , from coming into the nets that are laid for them ; and when men agree to rifle a house , they seldom give warning , or blow a trumpet ; but there are some small states-men , who are so full charg'd with their own expectations , that they cannot contain . and kind heaven by sending such a seasonable curse upon their undertakings , has made their ignorance an antidote against their malice ; some of these cannot treat peaceably , yielding will not satisfy them , they will have men by storm ; there are others , that must have plots , to make their service more necessary , and have an interest to keep them alive , since they are to live upon them ; and perswade the king to retrench his own greatness , so as to shrink into the head of a party , which is the betraying him into such a unprincely mistake , and to such a wilful diminution of himself , that they are the last enemies he ought to allow himself to forgive ; such men , if they could , would prevail with the sun to shine only upon them and their friends , and to leave all the rest of the world in the dark ; this is a very unusual monopoly , and may come within the equity of the law , which makes it treason to imprison the king , when such unfitting bounds are put to his favour , and he confin'd to the narrow limits of a particular set of men , that would inclose him ; these honest and only loyal gentlemen , if they may be allow'd to bear witness for themselves , make a king their engine , and degrade him into a property at the very time that their flattery would make him believe they paid divine worship to him ; besides these there is a flying squadron on both sides , that are afraid the world should agree , small dabblers in conjuring , that raise angry apparitions to keep men from being reconcil'd , like wasps that fly up and down , buz and sting to keep men unquiet ; but these infects are commonly short-liv'd creatures , and no doubt in a little time mankind will be rid of them ; they were gyants at least who fought once against heaven , but for such pigmies as these to contend against it , is such a provoking folly , that the insolent bunglers ought to be laught and hist our of the world for it ; they should consder there is a soul in that great body of the people , which may for a time be drowzy and unactive , but when the leviathan is rouz'd , it moves like an angry creature , and will neither be convinc'd nor resisted : the people can never agree to shew their united powers , till they are extremely tempted and provoked to it , so that to apply cupping-glasses to a great beast naturally dispos'd to sleep , and to force the tame thing whether it will or no to be valiant , must be learnt out of some other book than machiavil , who would never have prescrib'd such a preposterous method . it is to be remembred , that if princes have law and authority on their sides , the people on theirs may have nature , which is a ●ormidable adversary ; duty , justice , religion , nay , even humane prudence too , bids the people suffer any thing rather than resist ; but uncorrected nature , where e're it feels the smart will run to the nearest remedy , mens passions in this case are to be consider'd as well as their duty , let it be never so strongly enforc'd , for if their passions are provok'd , they being as much a part of us as our limbs , they lead men into a short way of arguing , that admits no distinction , and from the foundation of self-defence , they will draw inferences , that will have miserable effects upon the quiet of a government . our trimmer therefore dreads a general discontent , because he thinks it differs , from a rebellion , only as a spotted fever does from the plague , the same species under a lower degree of malignity ; it works several ways ; sometimes like a slow poyson that has its effects at a great distance from the time it was given , sometimes like dry flax prepared to catch at the first fire , or like seed in the ground ready to sprout upon the first shower ; in every shape 't is fatal , and our trimmer thinks no pains or precaution can be so great as to prevent it . in short he thinks himself in the right , grounding his opinion upon that truth , which equally hates to be under the oppressions of wrangling sophistry of the one hand , or the short dictates of mistaken authority on the other . our trimmer adores the goddess truth , tho' in all ages she has been scurvily used , as well as those that worshipped her ; 't is of late become such a ruining virtue , that mankind seems to be agreed to command and avoid it ; yet the want of practice which repeals the other laws , has no influence upon the law of truth , because it has root in heaven , and an intrinsick value in it self , that can never be impaired ; she shews her greatness in this , that her enemies even when they are successful are asham'd to own it ; nothing but power full of truth has the prerogative of triumphing , not only after victories , but inspite of them , and to put conquest her self out of countenance ; she may be kept under and supprest , but her dignity still remains with her , even when she is in chains ; falshood with all her impudence , has not enough to speak ill of her before her face , such majesty she carries about her , that her most prosperous enemies are fain to whisper their treason ; all the power upon earth can never extinguish her ; she has liv'd in all ages ; and let the mistaken zeal of prevailing authority , christen any opposition to it , with what name they please , she makes it not only an ugly and unmannerly , but a dangerous thing to persist ; she has lived very retired indeed , nay sometime so buried , that only some few of the discerning part of mankind could have a glimpse of her ; with all that she has eternity in her , she knows not how to die , and from the darkest clouds that shade and cover her , she breaks from time to time with triumph for her friends , and terrour to her enemies . our trimmer therefore inspired by this divine virtue , thinks fit to conclude with these assertions , that our climate is a trimmer , between that part of the world where men are roasted , and the other where they are frozen ; that our church is a trimmer between the phrenzy of platonick visions , and the lethargick ignorance of popish dreams ; that our laws are trimmers , between the excess of unbounded power , and the extravagance of liberty not enough restrained ; that true virtue has ever been thought a trimmer , and to have its dwelling in the middle between the two extreams ; that even god almighty himself is divided between his two great attributes , his mercy and his justice . in such company , our trimmer is not asham'd of his name , and willingly leaves to the bold champions of either extream , the honour of contending with no less adversaries , than nature , religion , liberty , prudence , humanity and common sense . the anatomy of an equivalent . i. the world hath of late years never been without some extraordinary word to furnish the coffee-houses and fill the pamphlets . sometimes it is a new one invented , and sometimes an old one revived . they are usually fitted to some present purpose , with intentions as differing as the various designs several parties may have , either to delude the people , or to expose their adversaries : they are not of long continuance , but after they have passed a little while , and that they are grown nauseous by being so often repeated , they give place to something that is newer . thus after whig , tory , and trimmer have had their time , now they are dead and forgotten , being supplanted by the word equivalent , which reigneth in their stead . the birth of it is in short this : after many repeated essayes to dispose men to the repeal of oaths and tests , made for the security of the protestant religion , the general aversion to comply in it was found to be so great , that it was thought adviseable to try another manner of attempting it , and to see whether by putting the same thing into another mould , and softning an harsh proposition by a plausible term , they might not have better success . to this end , instead of an absolute quitting of these laws , without any condition ; which was the first proposal ; now it is put into gentler language , and runneth thus ; if you will take away the oaths and tests , you shall have as good a thing for them . this put into the fashionable word , is now called an equivalent . ii. so much to the word it self . i will now endeavour in short to examine and explain , in order to the having it fully understood , first , what is the nature of a true equivalent ; and in the next place , what things are not to be admitted under that denomination . i shall treat these as general propositions , and though i cannot undertake how far they may be convincing , i may safely do it that they are impartial ; of which there can be no greater evidence than that i make neither inference nor application , but leave that part entirely to the reader , according as his own thoughts shall direct and dispose him . iii. i will first take notice , that this word , by the application which hath been made of it in some modern instances lieth under some disadvantage , not to say some scandal . it is transmitted hither from france ; and if as in most other things that we take from them , we carry them beyond the pattern , it should prove so in this , we should get into a more partial stile than the principles of english justice will i hope ever allow us to be guilty of . the french king's equivalents in flanders are very extraordinary bargains ; his manner of proposing and obtaining them is very differing from the usual methods of equal dealing . in a later instance , denmark , by the encouragement as well as by the example of france , hath propos'd things to the duke of holstein , which are called equivalents , but that they are so , the world is not yet sufficiently convinc'd , and probably the parties concern'd do not think them to be so , and consequently do not appear to be at all disposed to accept them . princes enjoyn and prescribe such things when they have strength and power to supply the want of arguments ; and according to practice in these cases , the weaker are never thought to have an ill bargain , if they have any thing left them . so that the first qualification of an equivalent , must be , that the appraisers be indifferent , else it is only a sound , there can be nothing real in it : for , where the same party that proposeth a bargain , claimeth a right to set the value ; or which is worse , hath power too to make it good , the other may be forced to submit to the conditions , but he can by no means ever be perswaded to treat upon them . iv. the next thing to be consider'd is that to make an equivalent in reality an equal thing in the proposer , it must be a better thing than that which is required by him ; just as good is subject to the hazard of not being quite so good : it is not easie to have such an even hand as to make the value exactly equal ; besides , according to the maxim in law , melior conditio possidentis ▪ the offer is not fair , except the thing offered is better in value than the thing demanded . there must be allowance for removing what is fixed , and there must be something that may be a justification for changing . the value of things very often dependeth more upon other circumstances , than upon what is meerly intrinsick to them ; therefore the calculation must be made upon that foot , perhaps in most cases ; and particularly the want which one of the parties may have of the thing he requireth , maketh it more valuable to him than it is in it self . if the party proposing doth not want the thing he would have in exchange , his requiring it is impertinent : if he doth , his want of it must go into the appraisement , and by consequence every proposer of an equivalent must offer a better thing , or else he must not take it unkindly to be refused , except the other party hath an equal want of the same thing , which is very improbable , since naturally he that vanteth most will speak first . v. another thing necessary to the making a fair bargain is , that let the parties who treat , be they never so unequal in themselves , yet as to the particular thing proposed , there must be an exact equality , as far as it relateth to the full liber●y of taking or refusing , concurring or objecting , without any consequence of revenge , or so much as dissatisfaction ; for it is impossible to treat where it is an affront to dliffer ; in that case there is no mean between the two extreams , either an open quarrel or an intire submission ; the way of bargaining must be equal ▪ else the bargain it self cannot be so : for example , the proposer is not only to use equal terms as to the matter , but fair ones in the manner too . there must be no intimations of anger in case of refusal , much less any open threatning . such a stile is so ill suited to the usual way of treating , that it looketh more like a breach of the peace , than the making a bargain . it would be yet more improper and less agreeing with the nature of an equivalent , if whilst two men are chaffering about the price , one of them should actually take the thing in question at his own rate , and afterwards desire to have his possession confirmed by a formal agreement ; such a proceeding would not only destroy that particular contract , but make it impossible to have any other , with the party that could be guilty of such a practice . vi. violence preceding destroyeth all contract , and even thô the party that offereth it should have a right to the thing he so taketh , yet it is to be obtained by legal means , else it may be forfeited by his irregularity in the pursuit of it : the law is such an enemy to violence , and so little to be reconciled to it , that in the case of a rape , the punishment is not taken off though the party injured afterwards consenteth . the justice of the law hath its eye upon the first act , and the maxim of volenti non fit injurial , doth not in this case help the offender , it being a plea subsequent to the crime , which maketh it to be rejected as a thing wrong dated and out of time . in taking away goods or money it is the same thing . the party robbed , by giving them afterwards to the taker , does not exempt him from the punishment of the violence : quite contrary , the man from whom they were taken is punishable , if he doth not prosecute . if the case should be , that a man thus taking away a thing without price , claimeth a right to take it , then whether it is well or ill founded is not the question ; but sure , the party from whom it is so taken , whilst he is treating to sell or exchange it , can never make a bargain with so orbitrary a chapman , there being no room left after that to talk of the value . vii . to make an equal bargain there must be a liberty of differing , not only in every thing that is really essential , but in every thing that is thought so by either party , and most especially by him who is in possession of the thing demanded : his opinion must be a rule to him , and even his mistake in the value , though it may not convince the man he hath to deal with , yet he will be justified for not accepting what is offered , till that mistake is fairly rectified and over-ruled . when a security is desired to be changed , that side which desireth it must not pretend to impose upon the other , so as to dictate to them , and tell them without debate , that they are safe in what is proposed , since of that the counsel on the other side must certainly be the most competent judges . the hand it cometh from is a great circumstance , either to invite or discourage in all matters of contract : the qualifications of the party offering must sute with the proposition it self , else let it be never so fair , there is ground for suspicion . viii . when men are of a temper , that they think they have wrong done them , if they have not always the better side of a bargain : if they happen to be such as by experience have been found to have an ill memory for their word . if the character they bear , doth not recommend their justice , where-ever their interest is concern'd . in these cases , thinking men will avoid dealing , not only to prevent surprize , but to cut off the occasions of difficulty or dispute . it is yet more discouraging , when there are , either a precedent practice , or standing maxims of gross partiality , in assuming a privilege of exemption from the usual methods of equal dealing . to illustrate this by an instance ▪ suppose that in any case , the church of rome should have an interest to promote a bargain ; let her way of dealing be a little examin'd , which will direct those with whom she treateth , how far they are to rely upon what she proposeth to them . we may begin with the quality in the world , the least consisting with equal dealing , viz. an incurable partiality to herself ; which , that it may arrive to its full perfection , is crowned with infallibility . at the first setting out , she maketh her self uncapable of dealing upon terms of equality , by the power she claimeth of binding and loosing , which hath been so often applyed to treaties , as well as to sins . if the definition of justice is to deal equally , she cannot be guilty of it without betraying her prerogative , and according to her principles , she giveth up the superiority derived to her by apostolical succession , if she degradeth her self so as to be judged by the rules of common right , especially of the bargain should be with hereticks , who in her opinion have forfeited the claim they might otherwise have had to it . ix . besides , her taste hath been so spoiled by unreasonable bargains , that she can never bring down her palate to any thing that is fair or equal . she hath not only judg'd it an equivalent , but a great bargain for the other side , to give them absolutions and indulgence for the real payment of great sums , for which she hath drawn bills to have them repayed with interest in purgatory . this spiritual bank hath carried on such a trade upon these advantageous terms , that it can never submit to the small profits an ordinary bargain would produce . the several popes have in exchange for the peter-pence , and all their other rents and fines out of england , sent sanctified roses , reliques , and other such wonder-working trifles . and by virtue of their character of holy fathers , have used princes like children , by sending them such rattles to play with , which they made them buy at extravagant rates ; besides which , they were to be thankful too , in to the bargain . a chip of the cross , a piece of st. laurence's grid-iron , a hair of st. peter , have been thought equivalents , for much more substantial things . the popes being masters of the jewel-house , have set the rates upon them , and they have passed ; though the whole shop would not take up the value of a bodkin in lombardstreet upon the credit of them . they are unconscionable purchasers , for they get all the money from the living by praying for them when they are dead . and it is observable , that the northern part of christendom , which best understandeth trade , were the first that refused to make any more bargains with them ; so that it looketh as if the chief quarrel to the hereticks was not as they were ill christians , but as they were unkind merchants , in so discourteously rejecting the commodities of the growth of rome . to conclude this head , there is no bartering with infallibility , it being so much above equality , that it cannot bear the indignity of a true equivalent . x. in all bargains there is a necessity of looking back , and reflecting how far a present proposal is reconcilable with former practice ; for example , if at any time a thing is offered , quite differing from the arguments used by the proposer , and inconsistent with the maxims held out by him at other times . or in a publick case , if the same men who promote and press a thing with the utmost violence , do in a little time after with as much violence press the contrary , and profess a detestation of the very thing , for which they had before imployed all their interest and authority . or if in the case of a law already made , there should be a privilege claimed to exempt those from the obligation of observing it , who yet should afterwards desire and press to have a new law made in exchange for the old one , by which they would not be bound ; and that they should propose a security by a thing of the very same nature as that which they did not allow to be any before . these incoherences must naturally have the effect of raising suspicion , or rather they are a certain proof , that in such circumstances it is irrational for men to expect an effectual equivalent . xi . if whatsoever is more than ordinary is suspicious , every thing that is unnatural is more so : it is only unnecessary but unnatural too to perswade with violence what it is folly to refuse ; to push men with eagerness into a good bargain for themselves , is a stile very much unsuitable to the nature of the thing . but it goeth further and is yet more absurd , to grow angry with men for not receiving proposal that is for their advantage ; men ought to be content with the generosity of offering good bargains , and should give their compassion to those who do not understand them : but by carrying their good nature so far as to be cholerick in such a case , they would follow the example of the church of rome , where the definition of charity is very extraordinary . in her language , the writ de haeretico comburendo is a love letter , and burning men for differing with them in opinion , howsoever miscalled cruelty , is as they understand it , the perfection of flaming charity . when anger in these cases lasteth long , it is most probable that it is for our own sakes ; good nature for others is one of those diseases that is cured by time , and especially where it is offered and rejected ; but for our selves it never faileth , and cannot be exstinguished but with our life . it is fair if men can believe that their friends love them next to themselves , to love them better is too much ; the expression is so unnatural that it is cloying , and men must have no sense , who in this case have no suspicion . xii ▪ another circumstance necessary to a fair bargain is , that there must be openness and freedom allowed , as the effect of that equality which is the foundation of contracting . there must be full liberty of objecting , and making doubts and scr●ples : if they are such as can be answered , the party convinced is so much the more confirmed and incouraged to deal , instead of being hindred by them ; but if instead of an answer to satisfy , there is nothing but anger for a reply , it is impossible not to conclude that there is never a good one to give ; so that the objection remaining without being fully confuted , there is an absolute bar put to any further treaty . there can be no dealing where one side assumeth a privilege to impose , so as to make an offer and not bear the examination of it , this is giving judgment not making a bargain . where it is called unmannerly to object , or criminal to refuse , the surest way is for men to stay where they are , rather than treat upon such disadvantage . if it should happen to be in any country where the governing power should allow men liberty of conscience in the choice of their religion , it would be strange to deny them liberty of speech in making a bargain . such a contradiction would be so discouraging , that they must be unreasonably sanguine , who in that case can entertain the hopes of a fair equivalent . xiii . and equal bargain must not be a mystery nor a secret. the purchaser or proposer is to tell directly and plainly , what it is he intendeth to give in exchange for that which he requireth . it must be viewed and considered by the other party , that he may judge of the value ; for without knowing what it is , he cannot determine whether he shall take or leave it . an assertion in general , that it shall be as good or a better things , is not in this a sufficient excuse for the mistake of dealing upon such uncertain terms . in all things that are dark and not enough explained , suspicion naturally followeth : a secret generally implieth a defect or a deceit ; and if a false light is an objection , no light at all is yet a greater . to pretend to give a better thing , and to refuse to shew it , is very near saying it is not so good a one ; at least so it will be taken in common construction . a mystery is yet a more discouraging thing to a protestant ; especially if the proposition should come from a papist ; it being one of his great objections to that church , that there are so many of them invisible and impossible , which are so violently thrust upon their understandings , that they are overlaid with them . they think that rational creatures are to be convinced only by reason , and that reason must be visible and freely exposed ; else they will think themselves used with contempt instead of equality , and will never allow such a suspected secrecy to be a fit preface to a real equivalent . xiv . in matters of contract not only the present value , but the contingences and consequences , as far as they can be fairly supposed , are to be considered . for example , if there should be possibility , that one of the parties may be ruined by accepting , and the other only disappointed by his refusing ; the consequences are so extreamly unequal , that it is not imaginable , a man should take that for an equivalent , which hath such a fatal possibility at the heels of it . if it should happen in a publick case , that such a proposal should come from the minor part of an assembly or nation , to the greater ; it is very just , that the hazard of such a possibility should more or less likely fall upon the lesser part , rather than upon the greater ; for whose sake and advantage things are and must be calculated in all publick constitutions . suppose in any mixed government , the chief magistrate should propose upon a condition , in the senate , diet , or other supreme assembly , either to enact or abrogate one or more laws , by which a possibility might be let in of destroying their religion and property , which in other language signifieth no less than soul and body ; where could be the equivalent in the case , not only for the real loss , but even for the fear of losing them ? men can fall no lower than to lose all , and if losing all destroyeth them , the venturing all must fright them . in an instance when men are secure ; that how far soever they may be over-run by violence , yet they can never be undone by law , except they give their assistance to make it possible , though it should neither be likely nor intended , still the consequence which may happen is too big for any present thing to make amends for it . whilst the world possible remaineth , it must forbid the bargain . where-ever it falleth out therefore , that in an example of a public nature , the chan●ing , enacting , or repealing a law , may naturally tend to the misplacing the legislative power in the hands of those who have a separate interest from the body of a people , there can be no treating , till it is demonstrably made out , that such a consequence shall be absolutely impossible ; for if that shall be denied by those who make the proposal , if it is because they cannot do it , the motion at first was very unfair . if they can and will not , it would be yet less reasonable to expect that such partial dealers would ever give an equivalent fit to be accepted . xv. it is necessary in all dealing to be assured in the first place , that the party proposing is in a condition to make good his offer ; that he is neither under any former obligations or pretended claims , which may render him uncapable of performing it ; else he is so far in the condition of a minor , that whatever he disposeth by sale or exchange may be afterwards resumed , and the contract becometh void , being originall● defective , for want of a sufficient legal power in him that made it . in the case of a strict settlement , where the party is only tenant for life , there is no possibility of treating which one under such fetters ; no purchase or exchange of lands or any thing else can be good , where there is such an incapacity of making out a title ; the interest vested in him being so limited , that he can do little more than pronounce the words of a contract , he can by no means perform the effect of it . in more publick instances , the impossibility is yet more express ; as suppose in any kingdom , where the people have so much liberty left them , as that they may make contracts with the crown , there should be some peculiar rights claimed to be so fixed to the royal function , that no king for the time being could have power to part with them , being so fundamentally tied to the office , that they can never be separated . such rights can upon no occasion he received in exchange for any thing the crown may desire from the people : that can never be taken in payment , which cannot lawfully be given , so that if they should part with that which is required upon those terms , it must be a gift , it cannot be a bargain . there is not in the whole dictionary a more untractable word than inherent , and less to be reconciled to the word equivalent . the party that will contract in spight of such a claim , is content to take what is impossible to grant , and if he complaineth of his disappointment , he neither can have remedy , nor deserveth it . if a right so claimed hapneth to be of so comprehensive a nature , as that by a clear inference it may extend to every thing else , as well as to the particular matter in question , as often as the supream magistrate shall be so disposed , there can in that case be no treating with prerogative that swalloweth all the right the people can pretend to ; and if they have no right to any thing of which they are possessed , it is a jest and not a bargain , to observe any formality in parting with it . a claim may be so stated , that by the power and advantage of interpreting , it shall have such a murthering eye , that if it looketh upon a law , like a basilisk , it shall strike it dead : where is the possibility of treating , where such a right is assumed ▪ nay , let it be supposed that such a claim is not well founded in law , and that upon a free disquisition it could not be made out ; yet even in this case , none that are well advised will conclude a bargain , till it is fully stated and cleared , or indeed , so much as engage in a treaty , till by way of preliminary all possibility shall be remov'd of any trouble or dispute . xvi . there is a collateral circumstance in making a contract , which yet deserveth to be considered , as much as any thing that belongeth to it ; and that is the character and figure of the parties contracting ; if they treat onely by themselves , and if by others , the qualifications of the instruments they employ . the proposer especially , must not be so low as to want credit . nor so raised as to carry him above the reach of ordinary dealing . in the first , there is scandal , in the other danger . there is no rule without some exception , but generally speaking the means should be suited to the end , and since all men who treat , pretend an equal bargain , it is desirable that there may be equality in the persons as well as in the thing . the manner of doing things hath such an influence upon the matter , that men may guess at the end by the instruments that are used to obtain it , who are a very good direction how far to rely upon or suspect the sincerity of that which is proposed . an absurdity in the way of carrying on a treaty , in any one circumstance , if it is very gross , is enough to perswade a thinking man to break off , and take warning from such an ill appearance . some things are so glaring that it is impossible not to see , and consequently not to suspect them ; as suppose in a private case , there should be a treaty of marriage between two honourable families , and the proposing side should think fit to send a woman that had been carted , to perswade the young lady to an approbation and consent ; the unfitness of the messenger must naturally dispose the other party to distrust the message , and to resist the temptation of the best match that could be offered , when conveyed by that hand , and ushered in by such a discouraging preliminary . in a publick instance the suspicion arising from unfit mediators , still groweth more reasonable in proportion , as the consequence is much greater of being deceived . if a jew should be employed to sollicite all sorts , of christians to unite and agree ; the contrariety of his profession , would not allow men to stay till they heard his arguments , they would conclude from his religion , that either the man himself was mad , or that he thought those to be so , whom he had the impudence to endeavour to perswade . or suppose an adamite should be very sollicitous and active , in all places , and with all sorts of persons , to settle the church of england in particular , and a fair liberty of conscience for all dissenters ; though nothing in the world has more to be said for it than naked truth , yet if such a man should run up and down without cloaths , let his arguments be never so good , or his commission never so authentick , his figure would be such a contradiction to his business , that how serious soever that might be in it self , his interposition would make a jest of it . though it should not go so far as this , yet if men have contrarieties in their way of living not to be reconciled ; as if they should pretend infinite zeal for liberty , and at that time be in great favour and imployed by those who will not endure it . if they are affectedly singular , and conform to the generality of the world in no one thing , but in playing the knave . if demonstration is a familiar word with them , most especially where the thing is ●mpossible . if they quote authority to supply their want of sense , and justifie the value of their arguments , not by reason , but by their being paid for them , ( in which , by the way , those who pay them have probably a very melancholy equivalent . ) if they brandish a prince's word like a sword in a crowd , to make way for their own impertinence ; and in dispute , as criminals formerly fled to the statue of the prince for sanctuary ; if they should now , when baffled , creep under the protection of a kings name , where out of respect they are no farther to be pursued . in these cases ; though the propositions should be really good , they will be corrupted by passing through such conduits ▪ and it would be a sufficient mistake to enter into a treaty ; but it would be little less than madness from such hands to expect an equivalent . xvii . having touched upon these particulars as necessary in order to the stating the nature of an equal bargain , and the circumstances belonging to it , let it now be examined in two or three instances ▪ what things are not to be admitted by way of contract , to pass under the name of an equivalent . first , though it will be allowed , that in the general corruption of mankind , which will not admit justice alone to be a sufficient tie to make good a contract , that a punishment added for the breach of it , is a fitting or rather a necessary circumstance ; yet it does not follow , that in all cases , a great penalty upon the party offending is an absolute and an entire security . it must be considered in every particular case , how far the circumstances may rationally lead a man to rely more or less upon it . in a private instance , the penalty inflicted upon the breach of contract must be first , such a one as the party injured can enforce , and secondly , such a one as he will enforce , when it is in his power . if the offending party is in a capacity of hindring the other from bringing the vengeance of the law upon him . if he hath strength or privilege sufficient to over rule the letter of the contract ; in that case , a penalty is but a word , there is no consequence belonging to it . secondly , the forfeiture or punishment must be such as the man aggrieved will take ; for example , if upon a bargain , one of the parties shall stipulate to subject himself , in case of his failure to have his ears cut , or his nose slit by the other , with security given , that he shall not be prosecuted for executing this part of the agreement ; the penalty is no doubt heavy enough to discourage a man from breaking his contract ; but on the other side it is of such a kind , that the other how much soever he may be provoked , will not in cold blood care to inflict it . such an extravagant clause would seem to be made only for shew and found , and no man would think himself safer by a thing which one way or other is sure to prove ineffectual . in a publick case , suppose in a government so constituted that a law may be made in the nature of a bargain , it is in it self no more than a dead letter , the life is given to it by the execution of what it containeth ; so that let it in it self be never so perfect , it dependeth upon those who are intrusted with seeing it observed . if it is in any country , where the chief magistrate chuseth the judges , and the judges interpret the laws ; a penalty in any one particular law can have no effect but what is precarious . it may have a loud voice to threaten , but it has not an hand to give a blow ; for as long as the governing power is in possession of this prerogative , let who will chuse the meat , if they chuse the cooks , it is they that will give the tast to it . so that it is clear that the rigour of a penalty will not in all cases fix a bargain , neither is it universally a true position , that the increase of punishment for the breach of a new law , is an equivalent for the consent to part with an old one . xviii . in most bargains there is a reference to the time to come , which is therefore to be considered as well as that which cometh within the compass of the present valuation . where the party contracting , hath not a full power to dispose what belongeth to him or them in reversion , who shall succeed after him in his right ; he cannot make any part of what is so limited , to be the condition of the contract . further , he cannot enjoyn the heir or successor to forbear the exercise of any right that is inherent to him , as he is a man ; neither can he restrain him without his own consent , from doing any act which in it self is lawful , and liable to no objection . for example , a father cannot stipulate with any other man , that in consideration of such a thing done , or to be done , his son shall never marry ; because marriage is an institution established by the laws of god , and man , and therefore no body can be so restrained by any power from doing such an act , when he thinketh fit , being warranted by an authority that is not to be controuled . xix . now as there are rights inherent in mens persons in their single capacities , there are rights as much fixed to the body politick , which is a creature that never dieth . for instance , there can be no government without a supreme power , that power is not always in the same hands , it is in different shapes and dresses , but still where-ever it is lodged , it must be unlimited : it hath a jurisdiction over every thing else , but it cannot have it above it self . supreme power can no more be limited than infinity can be measured ; because it ceaseth to be the thing ; it s very being is dissolved , when any bounds can be put to it . where this supreme power is mixed , or divided , the shape only differeth , the argument is still the same . the present state of venice cannot restrain those who succeed them in the same power , from having an entire and unlimited sovereignty ; they may indeed make present laws which shall retrench their present power , if they are so disposed , and those laws if not repealed by the same authority that enacted them , are to be observed by the succeeding senate till they think sit to abrogate them , and no longer ; for if the supreme power shall still reside in the senate , perhaps composed of other men , or of other minds ( which will be sufficient ) the necessary consequence is , that one senate must have as mach right to alter such a law , as another could have to make it . xx. suppose the supreme power in any state should make a law , to enjoyn all subsequent law-makers to take an oath never to alter it , it would produce these following absurdities . first , all supreme power being instituted to promote the safety and benefit , and to prevent the prejudice and danger which may fall upon those who live under the protection of it ; the consequence of such an oath would be , that all men who are so trusted , shall take god to witness , that such a law once made , being judged at the time to be advantageous for the publick , though afterwards by the vicissitude of times , or the variety of accidents or interests , it should plainly appear to them to be destructive , they will suffer it to have its course , and will never repeal it . secondly , if there could in any nation be found a set of men , who having a part in the supreme legislative power , should as much as in them lieth , betray their country by such a criminal engagement , so directly opposite to the nature of their power , and to the trust reposed in them . if these men have their power only for life , when they are dead such an oath can operate no farther ; and tho that would be too long a lease for the life of such a monster as an oath so composed , yet it must then certainly give up the ghost . it could bind none but the first makers of it , another generation would never be tied up by it . thirdly , in those countries where the supreme assemblies are not constant standing courts , but called together upon occasions , and composed of such as the people chuse for that time only , with a trust and character that remaineth no longer with them than till that assembly is regularly dissolved , such an oath taken by the members of a senate , diet , or other assembly to chosen , can have very little effect , because at the next meeting there may be quite another set of men who will be under no obligation of that kind . the eternity intended to that law by those that made it , will be cut off by new men who shall succeed them in their power , if they have a differing taste , or another interest . xxi . to put it yet farther , suppose a clause in such a law , that it shall be criminal in the last degree for any man chosen in a subsequent assembly , to propose the repealing of it ; and since nothing can be enacted which is not first proposed , by this means it seemeth as if a law might be created which should never die . but let this be examined . first , such a clause would be so destructive to the being of such a constitution , as that it would be as reasonable to say , that a king had right to give or sell his kingdom to a foreign prince , as that any number of men who are entrusted with the supreme power , or any part of it , should have a right to impose such shackles ▪ upon the liberty of those who are to succeed them in the same trust . the ground of that trust is , that every man who is chosen into such an assembly , is to do all that in him lieth for the good of those who chose him : the english of such a clause would be , that he is not to do his best for those that chose him , because though he should be convinc'd that it might be very fatal to continue that law , and therefore very necessary to repeal it , yet he must not repeal it , because it is made a crime , and attended with a penalty . but secondly , to shew the emptiness as well as injustice of such a clause , it is clear , that although such an invasion of right should be imposed , it will never be obeyed : there will only be deformity , in the monster , it will neither sting nor bite . such law-givers would only have the honour of attempting a contradiction which can never have any success ; for as such a law in it self would be a madness , so the penalty would be a jest ; which may be thus made out . xxii . a law that carrieth in it self reason enough to support it , is so far from wanting the protection of such a clause , or from needing to take such an extraordinary receipt for long life , that the admitting it must certainly be the likeliest and the shortest way to destroy it ; such a clause in a law must imply an opinion that the greatest part of mankind is against it , since it is impossible such an exorbitance should be done for its own sake ; the end of it must be to force men by a penalty , to that which they could not be perswaded to , whilst their reason is left at liberty . this position being granted , which i think can hardly be denied , put the case that a law should be made with this imaginary clause of immortality , after which another assembly is chosen , and if the majority of the electors shall be against this law , the greater part of the elected must be so too , if the choice is fair and regular ; which must be presumed , since the supposition of the contrary is not to come within this argument . when these men shall meet , the majority will be visible beforehand of those who are against such a law , so that there will be no hazard to any single man in proposing the repeal of it , when he cannot be punished but by the majority , and he hath such a kind of assurance as cometh near a demonstration , that the greater number will be of his mind , and consequently , that for their own sakes they will secure him from any danger . for these reasons , where-ever in order to the making a bargain , a proposition is advanc'd to make a new law , which is to ●ye up those who neither can nor will be bound by it , it may be a good jest , but it will never be a good equivalent . xxiii . in the last place , let it be examined how far a promise ought to be taken far a security in a bargain . there is great variety of methods for the security of those that deal , according to their dispositions and interests ; some are binding , others inducing circumstances , and are to be so distinguished . first , ready payment is without exception , so of that there can be no dispute ; in default of that , the good opinion men may have of one another is a great ingredient to supply the want of immediate performances . where the trust is grounded upon inclination only , the generosity is not always return'd ; but where it springeth from a long experience it is a better foundation , and yet that is not always secure . in ordinary dealing , one promise may be an equivalent to another , but it is not so for a thing actually granted or conveyed ; especially if the thing required in exchange for it , is of great value , either in it self or in its consequences . a bare promise as a single security in such a case is not an equal proposal ; if it is offered by way of addition , it generally giveth cause to doubt the title is crazy , where so slender a thing is brought in to be a supplement . xxiv . the earnest of making good a promise , must be such a behaviour preceding ; as may encourage the party to whom it is made to depend upon it : where instead of that , there hath been want of kindness ; and which is worse an invasion of right , a promise hath no perswading force ; and till the objection to such a proceeding is forgotten , ( which can only be the work of time ) and the skin is a little grown over the tender part , the wound must not be touch'd . there must be some intermission at least to abate the smart of unkind usage , or else a promise in the eye of the party injur'd is so far from strengthening a security , that it raiseth more doubts , and giveth more justifiable cause suspect it . a word is not like a bone , that being broken and well set again , is said to be sometimes stronger in that very part : it is far from being so in a word given and not made good . every single act either weakeneth or improveth our credit with other men ; and as an habit of being just to our word will confirm , so an habit of too freely dispensing with it must necessarily destroy it . a promise hath its effect to perswade a man to lay some weight upon it , where the promiser hath not only the power , but may reasonably be supposed to have the will of performing it ; and further , that there be no visible interest of the party promising to excuse himself from it , or to evade it . all obligations are comparative , and where they seem to be opposite , or between the greater and the lesser , which of them ought to have precedence in all respects every man is apt to be his own judge . xxv . if it should fall out that the promiser with full intent at the time to perform , might by the interposition of new arguments , or differing advice think himself oblig'd to turn the matter of conscience on the other side , and should look upon it to be much a greater fault to keep his word than to break it ; such a belief will untye the strictest promise that can be made , and though the party thus absolving himself should do it without the mixture or temptation of private interest , being moved to it meerly by his conscience , as then informed ; yet how far soever that might diminish the fault in him , it would in no degree lessen the inconveniences to the party who is disappointed , by the breach of an engagement upon which he relyed . xxvi . a promise is to be understood in the plain and natural sense of the words , and to be sure not in his who made it , if it was given as part of a bargain . that would be like giving a man power to raise the value of his money in the payment of his debt , by which , tho he paid but half or less , be might pretend according to the letter to have made good the contract . the power of interpreting a promise intirely taketh away the virtue of it . a merchant who should once assume that privilege , would save himself the trouble of making any more bargains . it is still worse if this jurisdiction over a man's promise , should be lodg'd in hands that have power to support such an extraordinary claim ; and if in other cases , forbearing to deal upon those terms is advisable , in this it becometh absolutely necessary . xxvii . there must in all respects be a full liberty to claim a promise , to make it reasonable to take it in any part of payment ; else it would be like agreeing for a rent , and at the same time making if criminal to demand it . a superiority of dignity or power in the party promising maketh it a more tender thing for the other party to treat upon that security . the first maketh it a nice thing to claim , the latter maketh it a difficult thing to obtain . in some cases , a promise is in the nature of a covenant , and then between equal parties the breach of it will bear a suit ; but where the greatness of the promiser is very much raised above the level of equality , there is no forfeiture to be taken . it is so far from the party grieved his being able to sue or recover damages , that he will not be allowed to explain or expostulate , and instead of his being relieved against the breach of promise , he will run the hazard of being punished for breach of good manners ▪ such a difficulty is putting all or part of the payment in the fire , where men must burn their fingers before they can come at it . that cannot properly be called good payment , which the party to whom it is due may not receive with ease and safety . it was a kings brother of england who refused to lend the pope money , for this reason , that he would never take the bond of one , upon whom he could not distrain . the argument is still stronger against the validity of a promise , when the contract is made between a prince and a subject . the very offering a kings word in mortgage is rather a threatning in case of refusal , than an inducing argument to accept it ; it is unfair at first , and by that giveth greater cause to be cautious , especially if a thing of that value and dignity as a kings word ought to be , should be put into the hands of state brokers to strike up a bargain with it . xxviii . when god almighty maketh covenants with mankind , his promise is a sufficient security , notwithstanding his superiority and his power ; because first , he can neither erre nor do injustice . it is the only exception to his omnipotence , that by the perfection of his being he is incapacitated to do wrong . secondly , at the instant of his promise , by the extent of his foresight , which cannot fail , there is no room left for the possibility of any thing to intervene , which might change his mind . lastly , he is above the receiving either benefit or inconvenience , and therefore can have no interest or temptation to vary from his word , when once he hath granted it . now though princes are god's vicegerents , yet their commission not being so large , as that these qualifications are devolved to them , it is quite another case , and since the offering a security implyeth it to be examined by the party to whom it is proposed , it must not be taken ill that objections are made to it , even though the prince himself should be the immediate proposer . let a familiar case be put ; suppose a ●rince , tempted by a passion too strong ●or him to resist , should descend so as to ●romise marriage to one of his subjects , ●nd as men are naturally in great haste ●pon such occasions , should press to take possession before the necessary forms could ●e complyed with ; would the poor ladies scruples be called criminal for not taking 〈◊〉 security of the royal word ? or ●ould her allegiance be tainted by her re●●●●ing the sacred person of her sovereign , because he was impatient of delay ? courte●●● in this case might perswade her to accept it , if she was so disposed , but sure the 〈◊〉 exercise of power can never claim it . xxix . there is one case where it is more particularly a duty to use very great ●●●tion in accepting the security of a pro●●● , and that is , when men are authorized and trusted by others to act for them . this ●●tteth them under much greater restraints , than those who are at liberty to treat for themselves . it is lawful , though it is not ●rudent for any man to make an ill bargain for himself , but it is neither the one nor ●he other , where the party contracting ●reateth on behalf of another , by whom he 〈◊〉 intrusted . men who will unwarily ac●ept an ill security , if it is for themselves , forfeit their own discretion , and undergo the penalty , but they are not responsible to any body else . they lie under the mortification and the loss of committing the error , by which though they may expose their judgment to some censure , yet their morality suffers no reproach by it . but those who are deputed by others to treat for them , upon terms of best advantage , though the confidence placed in them should prevent the putting any limits to their power in their commission , yet the condition implied if not expressed , is that the persons so trusted shall neither make an ill bargain , nor accept a slight security . the obligation is yet more binding when the trust is of a publick nature . the aggravation of disappointing a body of men that rely upon them , carrieth the faul● as high as it can go , and perhaps no crim● of any kind can outdo such a deliberate breach of trust , or would more justly mak● men forfeit the protection of humane society . xxx . i will add one thing more upon this , head , which is , that it is not alway● a true proposition , that 't is safe to rely upo● a promise , if at the time of making it , i● is the interest of the promiser to make i● good . this , though many times it is a good inducement , yet it hath these excep●ions to it . first , if the proposer hath at ●●●er times gone plainly against his visible ●nterest , the argument will turn the other ●ay , and his former mistakes are so many warnings to others , not to come within the danger of any more : let the inducements to those mistakes be never so great and generous , that does not alter the nature , they are mistakes still . interest is an uncertain thing , it goeth and cometh , and varieth according to times and circumstances ; as good build upon a quicksand , as upon a presumption that interest shall not alter . where are the men so distinguished from the rest of mankind , that it is impossible for them to ●istake their interest ? who are they that ●●ve such an exemption from humane ●eailty , as that it can never happen to them not to see their interest for want of underderstanding , or not to leap over it by excess of zeal . above all , princes are the most liable to mistake ; not out of any defect in their nature , which might put them under such an unfortunate distinction ; quite contrary , the blood they derive from wise and great ancestors , does rather distinguish them on the better side ; besides that their great character and office of governing giveth a noble exercise to their reason , which 〈◊〉 very hardly fail to raise and improve 〈◊〉 but there is one circumstance annexed their glorious calling , which in this respect is sufficient to outweigh all those advantages ; it is that mankind , divided in most things else , agree in this , to conspire in their endeavors to deceive and mislea●● them ; which maketh it above the power of humane understanding , to be so exactly guarded as never to admit a surprise , and the highest applause that could ever yet be given to the greatest men that ever wore a crown , is that they were no oftner deceived . thus i have ventur'd to lay down my thoughts of the nature of a bargain , and the due circumstances belonging to an equivalent , and will now conclude with thi● short word . where distrusting may be the cause of provoking anger , and trusting may be the cause of bringing ruin the choice is too easie to need the being explained . a letter to a dissenter , upon occasion of his majesties late gracious declaration of indulgence . london : printed in the year . a letter to a dissenter , upon occasion of his majesties late gracious declaration of indulgence . sir , since addresses are in fashion , give me leave to make one to you . this is neither the effect of fear , interest , or resentment ; therefore on may be sure it is sincere : and for that reason it may expect : to be kindly received . whether it will have power enough 〈◊〉 convince , dependeth upon the reason 〈◊〉 of which you are to judge ; and upon your preparation of mind , to be perswaded by truth , whenever it appeareth to you . it ought not to be the less welcome , for coming from a friendly hand , one whose kindness to you is not lessened by difference of opinion , and who will not let h●● thoughts for the publick be so tied or confined to this or that sub-division of protestants , as to stifle the charity , which , besides all other arguments , 〈◊〉 at this time become necessary to serve us . i am neither surprized nor provoked● 〈◊〉 see that in the condition you were 〈◊〉 into by the laws , and the ill circumstance● you lay under , by having the exclus●●● and rebellion laid to your charge , you were desirous to make your selves less uneasy and obnoxious to authority . me● who are sore , run to the nearest reme●● with too much hast to consider all the consequences : grains of allowance are to 〈◊〉 given , where nature giveth such strong influences . when to men under sufferings it offereth ease , the present pain will ●●●rdly allow time to examine the reme●●●s ; and the strongest reason can hardly gain a fair audience from our mind , whilst so possessed , till the smart : is a little ●●layed . i do not know whether the warmth tha● naturally belongeth to new friendships , may not make it a harder task for me to perswade you . it is like telling lovers , in the beginning of their joys , th●● they will in a little time have an 〈◊〉 . such an unwelcome stile doth not ●●●ly find credit : but i will suppose you 〈◊〉 not so far gone in your new passion , but that you will hear still ; and therefore i am under the less discouragement , 〈◊〉 i offer to your consideration two ●●●gs . the first is , the cause you have 〈◊〉 suspect your new friends . the second , ●●e duty incumbent upon you , in christianity and prudence , not to hazard the publick safety , neither by desire of ease , ●or of revenge . to the first : consider that notwithstanding the smooth language which is now put on to engage you , these new friends did not make you their choice , but their refuge : they have ever made their first courtships to the church of england , and when they were rejected there they made their application to you in the second place . the instances of this might be given in all times . i do not repeat them , because whatsoever is unnecessary , must be tedious , the truth of this assertion being so plain , as not to admit a dispute . you cannot therefore reasonably flatter your selves , that there is any inclination to you . they never pretended to allow you any quarter , but to usher in liberty for themselves under that shelter ▪ i refer you to mr. coleman's letters , and to the journals of parliament , where you may be convinced , if you can be so mistaken , as to doubt ; nay , at this very hour , they can hardly forbear , in the height of their courtship , to let fall hard words of you . so little is nature to be restrained ; it will start out sometimes , disdaining to submit to the usurpation of art and interest . this alliance , between liberty and infallibility , is bringing together the two most contrary things that are in the world. the church of rome doth not only dislike the allowing liberty , but by its principles it cannot do it . wine is not more expresly forbid to the mahometans , than giving hereticks liberty to the papists : they are no more able to make good their vows to you , than men married before , and their wife alive , can confirm their contract with another . the continuance of their kindness , would be a habit of sin , of which they are to repent , and their absolution is to be had upon no other terms , than their promise to destroy you . you are therefore to be hugged now , only that you may be the better squeezed it another time . there must be something extraordinary , when the church of rome setteth up bills , and offereth plaisters , for tender consciences : by all that hath hitherto appeared , her skill in chirurgery lieth chiefly in a quick hand , to cut off limbs ; but she is the worst at healing , of any that ever pretended to it . to come so quick from another extream , is such an unnatural motion , that you ought to be upon your guard ; the other day you were sons of belial : now , you are angels of light. this is a violent change , and it will be fit for you to pause upon it , before you believe it : if your features are not altered , neither is their opinion of you , what ever may be pretended . do you believe less than you did , that there is idolatry in the church of rome ? sure you do not . see then , how they treat both in words and writing , those who entertain that opinion . conclude from hence , how inconsistent their favour is with this single article , except they give you a dispensation for this too , and by a non obstante , secure you that they will not think the worse of you . think a little how dangerous it is to build upon a foundation of paradoxes . popery now is the only friend to liberty ; and the known enemy to persecution : the men of taunton and tiverton , are above all other eminent for loyalty . the quakers from being declared by the papists not to be christians , are now made favourites , and taken into their particular protection ; they are on a sudden grown the most accomplished men of the kingdom , in good breeding , and give thanks with the best grace , in double refined language . so that i should not wonder , though a man of that perswasion , inspite of his hat , should be master of the ceremonies . not to say harsher words , these are such very new things , that it is impossible not to suspend our belief , till by a little more experience we may be inform'd whether they are realities or apparitions : we have been under shameful mistakes if these opinions are true ; but for the present , we are apt to be incredulous ; except we could be convinced , that the priests words in this case too , are able to make such a sudden and effectual change ; and that their power is not limited to the sacrament , but that it extendeth to alter the nature of all other things , as often as they are so desposed . let me now speak of the instruments of your friendship , and then leave you to judge , whether they do not afford matter of suspition . no sharpness is to be mingled where healing only is intended ; so nothing will be said to expose particular men , how strong soever the temptation may be , or how clear the proofs to make it out . a word or two in general , for you better caution , shall suffice : suppose then , for argument's sake , that the mediators of this new alliance , should be such as have been formerly imployed in treaties of the same kind , and there detected to have acted by order , and to have been impower'd to give encouragements and rewards . would not this be an argument to suspect them ? if they should plainly be under engagements to one side , their arguments to the other ought to be received accordingly ; their fair pretences are to be looked upon as part of their commission , which may not improbably give them a dispensation in the case of truth , when it may bring a prejudice upon the service of those by whom they are imployed . if there should be men who having formerly had means and authority to perswade by secular arguments , have in pursuance of that power , sprinkled money amongst the dissenting ministers ; and if those very men should now have the same authority , practice the same methods , and disburse , where they cannot otherwise perswade : it seemeth to me to be rather an evidence than a presumption of the deceit . if there should be ministers amongst you , who by having ●allen under temptations of this kind , are in some sort engaged to continue their frailty , by the awe they are in lest it should be exposed : the perswasions of these unfortunate men must sure have the less force , and their arguments , though never so specious , are to be suspected , when they come from men who have mortgaged themselves to severe creditors , that expect a rigorous observation of the contract , let it be never so unwarrantable . if these , or any others , should at this time preach up anger and vengeance against the church of england ; may it not without injustice be suspected , that a thing so plainly out of season , sprinketh rather from corruption than mistake ; and that those who act this cholerick part , do not believe themselves , but only pursue higher directions , and endeavour to make good that part of their contract which obligeth them , upon a forfeiture , to make use of their inflaming eloquence ? they might apprehend their wages would be retrenched if they should be moderate : and therefore whilst violence is their interest , those who have not the same arguments , have no reason to follow such a partial example . if there should be men , who by the load of their crimes against the government , have been bowed down to comply with it against their conscience ; who by incurring the want of a pardon , have drawn upon themselves a necessity of an entire resignation : such men are to be lamented , but not to be believed . nay , they themselves when they have discharged their unwelcom task , will be inwardly glad that their forced endeavours do not succeed , and are pleased when men resist their insinuations ; which are far from being voluntary or sincere , but are squeezed out of them by the weight of their being so obnoxious . if in the heighth of this great dearness by comparing things , it should happen , that at this instant , there is much surer friendship with those who are so far from allowing liberty , that they allow no living to a protestant under them . let the scene lie in what part of the world it will , the argument will come home , and sure it will afford sufficient ground to suspect . apparent contradictions must strike us ; neither nature nor reason can digest them : self-flattery , and the desire to deceive our selves , to gratifie present appetite , with all their power , which is great , cannot get the better of such broad conviction , as some things carry along with them . will you call these vain and empty suspitions ? have you been at all times so void of fears and jealousies as to justifie your being so unreasonably valiant in having none upon this occasion ? such an extraordinary courage at this unseasonable time , to say no more , is too dangerous a virtue to be commended . if then for these and a thousand other reasons , there is cause to suspect , sure your new friends are not to dictate to you , or advise you ; for instance , the addresses that fly abroad every week , and murther us with another to the same ; the first draughts are made by those who are not very proper to be secretaries to the protestant religion : and it is your part only to write them our fairer again . strange ! that you who have been formerly so much against set forms , should now be content the priests should indite for you . the nature of thanks is an unavoidable consequence of being pleased or obliged ; they grow in the heart , and from thence shew themselves either in looks , speech , writing , or action : no man was ever thankful because he was bid to be so , but because he had , or thought he had some reason for it . if then there is cause in this case to pay such extravagant acknowledgments , they will flow naturally , without taking such pains to procure them ; and it is unkindly done to tire all the post-horses with carrying circular letters to solicite that which would be done without any trouble or constraint : if it is really in it self such a favour , what needeth so much pressing men to be thankful , and with such eager circumstances , that where perswasions cannot delude ▪ threatnings are employed to fright them into a compliance . thanks must be volantary , not only unconstrained , but unsolicited , else they are either trifles or snares , that either signifie nothing , or a great deal more than is intended by those that give them . if an inference should be made , that whosoever thanketh the king for his declaration , is by that ingaged to justifie it in point of law ; it is a greater stride than , i presume , all those care to make who are perswaded to address : if it shall be supposed , that all the thankers will be repealers of the test , whenever a parliament shall meet . such an expectation is better prevented before , then disappointed afterwards ; and the surest way to avoid the lying under such a scandal , is not to do any thing that may give a colour to the mistake : these bespoken thanks are little less improper than love letters that were solicited by the lady to whom they are to be directed : so , that besides the little ground there is to give them , the manner of getting them doth extreamly lessen their value . it might be wished that you would have suppressed your impatience , and have been content for the sake of religion , to enjoy it within your selves without the liberty of a publick exercise , till a parliament had allowed it ; but since that could not be , and that the artifices of some amongst you have made use of the well-meant zeal of the generality to draw them into this mistake ; i am so far from blaming you with that sharpness which perhaps , the matter in strictness would bear , that i am ready to err on the side of the more gentle construction . there is a great difference between enjoying quietly the advantages of an act irregularly done by others , and the going about to support it against the laws in being : the law is so sacred , that no trespass against it is to be defended ; yet frailties may in some measure be excused , when they cannot be justified . the desire of enjoying a liberty from which men have been so long restrained , may be a temptation that their reason is not at all times able to resist . it in such a case , some objections are leapt over , indifferent men will be more inclined to lament the occasion , than to fall too hard upon the fault , whilst it is covered with the apology of a good intention ; but where to rescue your selves from the severity of one law , you give a blow to all the laws , by which your religion and liberty are to be protected ; and instead of silently receiving the benefit of this indulgence , you set up for advocates to support it , you become voluntary aggressors , and look like counsel retained by the prerogative against your old friend magna charta , who hath done nothing to deserve her falling thus under your displeasure . if the case then should be , that the price expected from you for this liberty , is giving up your right in the laws , sure you will think twice , before you go any further in such a losing bargain . after giving thanks for the breach of one law , you lose the right of complaining of the breach of all the rest ; you will not very well know how to defend your selves when you are pressed ; and having given up the question when it was for your advantage , you cannot re-call it when it shall be to your prejudice . if you will set up at one time a power to help you , which at another time , by parity of reason , shall be made use of to destroy you , you will neither be pitied , nor relieved against a mischief you draw upon your selves , by being so unreasonably thankful . it is like calling in auxiliaries to help , who are strong enough to subdue you : in such a case your complaints will come too late to be heard , and your sufferings will raise mirth instead of compassion . if you think , for your excuse , to expound your thanks , so as to restrain them to this particular case , others , for their ends , will extend them further : and in these differing interpretations , that which is back'd by authority will be the most likely to prevail ; especially when by the advantage you have given them , they have in truth the better of the argument , and that the inferences from your own concessions are very strong , and express against you . this is so far from being a groundless supposition , that there was a late instance of it , the last session of parliament , in the house of lords , where the first thanks , though things of course , were interpreted to be the approbation of the kings whole speech , and a restraint from the further examination of any part of it , though never so much disliked ; and it was with difficulty obtained , not to be excluded from the liberty of objecting to this mighty prerogative of dispensing , meerly by this innocent and usual piece of good manners , by which no such thing could possibly be intended . this sheweth , that some bounds are to be put to your good breeding , and that the constitution of england is too valuable a thing to be ventured upon a complement . now that you have for some time enjoyed the benefit of the end , it is time for you to look into the danger of the means : the same reason that made you desirous to get liberty , must make your sollicitous to preserve it ; so that the next thought will naturally be not to engage your self beyond retreat , and to agree so far with the principles of all religion , as not to rely upon a death-bed repentance . there are certain periods of time , which being once past , make all cautions ineffectual , and all remedies desperate . our understandings are apt to be hurried on by the first heats , which , if not restrained in time , do not give us leave to look back , till it is too late . consider this in the case of your anger against the church of england , and take warning by their mistake in the same kind , when after the late king's restauration , they preserved so long the bitter taste of your rough usage to them in other times , that it made them forget their interest , and sacrifice it to their revenge . either you will blame this proceeding in them , and for that reason not follow it , or if you allow it , you have no reason to be offended with them ; so that you must either dismiss your anger , or lose your excuse ; except you should argue more partially than will be supposed of men of your morality and understanding . if you had now to do with those rigid prelates , who made it a matter of conscience to give you the least indulgence , but kept you at an uncharitable distance , and even to your most reasonable scruples continued stiff and inexorable , the argument might be fairer on your side : but since the common danger hath so laid open that mistake , that all the former haughtiness towards you is for ever extinguished , and that it hath turned the spirit of persecution into a spirit of peace , charity , and condescension ; shall this happy change only affect the church of england ? and are you so in love with separation , as not to be mov'd by this example ? it ought to be followed , were there no other reson than that it is vertue ; but when besides that , it is become necessary to your preservation , it is impossible to fail the having its effect upon you . if it should be said , that the church of england is never humble but when she is out of power , and therefore loseth the right of being believed when she pretended to it : the answer is , first , it would be an uncharitable objection , and very much mis-timed ; an unseasonable triumph , not only ungenerous , but unsafe : so that in these respects it cannot be urged , without scandal , even though it could be said with truth . secondly , this is not so in fact , and the argument must fall , being built upon a false foundation ; for whatever may be told you at this very hour , and in the heat and glare of your present sun-shine , the church of england can in a moment bring clouds again ; and turn the royal thunder upon your heads , blow you off the stage with a breath , if she would give but a smile or a king word ; the least glimpse of her compliance would throw you back into the state or suffering , and draw upon you all the arrears of severity , which have accrued during the time of this kindness to you , and yet the church of england , with all her faults , will not allow her self to be rescued by such unjustifiable means , but chuseth to bear the weight of power , rather than ●e under the burthen of being criminal . it cannot be said , that she is unprovoked ; books and letters come out every day , to call for answers , yet she will not be stirred . from the supposed authors , and the stile , one would swear they were undertakers , and had made a contract to fall out with the church of england . there are lashes in every address , challenges to draw the pen in every pamphlet : in short , the fairest occasions in the world given to quarrel ; but she wisely distinguisheth between the body of dissenters , whom she will suppose to act as they do , with no ill intent ; and these small skirmishers , pickt and sent out to picqueer , and to begin a fray amongst the protestants , for the entertainment as well as the advantage of the church of rome . this conduct is so good , that it will be scandalous not to applaud it . it is not equal dealing to blame our adversaries for doing ill , and not commend them when they do well . to hate them because they persecuted , and not to be reconciled to them when they are ready to suffer , rather than receive all the advantages that can be gained by a criminal complyance , is a principle no sort of christians can own , since it would give an objection to them never to be answered . think a little who they were that promoted your former persecutions , and then consider how it will look to be angry with the instruments , and at the same time to make a league with the authors of your sufferings . have you enough considered what will be expected from you ? are you ready to stand in every borough by vertue of a conge d'eslire , and instead of election , be satisfied if you are returned ? will you in parliament justifie the dispensing power , with all its consequences , and repeal the test , by which you will make way for the repeal of all the laws , that were made to preserve your religion , and to enact others that shall destroy it ? are you disposed to change the liberty of debate into the merit of obedience ; and to be made instruments to repeal or enact laws , when the roman consistory are lords of the articles ? are you so linked with your new friends , as to reject any indulgence a parliament shall offer you , if it shall not be so comprehensive as to include the papists in it ? consider , that the implyed conditions of your new treaty are no less , than that you are to do every thing you are desired , without examining , and that for this pretended liberty of conscience , your real freedom is to be sacrificed : your former faults hang like chains still about you , you are let loose only upon bayl ; the first act of non-compliance , sendeth you to jayl again . you may see that the papists themselves do not relie upon the legality of this power , which you are to justifie , since the being so very earnest to get it established by a law , and the doing such very hard things in order , as they think , to obtain it , is a clear evidence , that they do not think that the single power of the crown is in this case a good foundation ; especially when this is done under a prince , so very tender of all the rights of sovereignty , that he would think it a diminution to his prerogative , where he conceiveth it strong enough to go alone , to call in the legislative help to strengthen and support it . you have formerly blamed the church of england , and not without reason , for going so far as they did in their compliance ; and yet as soon as they stopped , you see they are not only deserted , but prosecuted : conclude then from this example , that you must either break off your friendship , or resolve to have no bounds in it . if they do not succeed in their design , they will leave you first ; if they do , you must either leave them , when it will be too late for your safety , or else after the squeaziness of starting at a surplice , you must be forced to swallow transubstantiation : remember that the other day those of the church of england were trimmers for enduring you , and now by a sudden turn , you are become the favourites ; do not deceive your selves , it is not the nature of lasting plants thus to shoot up in a night ; you may look gay and green for a little time , but you want a root to give you a continuance . it is not so long since , as to be forgotten , that the maxim was , it is impossible for a dissenter not to be a rebel . consider at this time in france , even the new converts are so far from being imployed , that they are disarmed ; their sudden change maketh them still to be distrusted , notwithstanding that they are reconciled : what are you to expect then from your dear friends , to whom , when ever they shall think fit to throw you off again , you have in other times given such arguments for their excuse ? besides all this , you act very unskilfully against your visible interest , if you throw away the advantages , of which you can hardly fail in the next probable revolution . things tend naturally to what you would have , if you would let them alone , and not by an unseasonable activity lose the influences of your good star , which promiseth you every thing that is prosperous . the church of england convinced of its error in being severe to you ; the parliament , when-ever it meeteth , sure to be gentle to you ; the next heir bred in the country which you have so often quoted for a pattern of indulgence ; a general agreement of all thinking men , that we must no more cut our selves off from the protestants abroad , but rather inlarge the foundations upon which we are to build our defences against the common enemy ; so that in truth , all things seem to conspire to give you ease and satisfaction , if by too much haste to anticipate your good fortune , you do not destroy it . the protestants have but one article of humane strength , to oppose the power which is now against them , and that is , not to lose the advantage of their numbers , by being so unwary as to let themselves be divided . we all agree in our duty to our prince ; our objections to his belief do not hinder us from seeing his vertues ; and our not complying with his religion , hath no effect upon our allegiance ; we are not to be laughed out of our passive-obedience , and the doctrine of non-resistance ; though even those who perhaps owe the best part of their security to that principle , are apt to make a jest of it . so that if we give no advantage by the fatal mistake of misapplying our anger , by the natural course of things , this danger will pass away like a shower of hail ; fair weather will succeed , as lowering as the sky now looketh , and all this by plain and easie receipt ; let us be still , quiet , and undivided , firm at the same time to our religion , our loyalty , and our laws ; and so long as we continue this method , it is next to impossible , that the odds of to one should lose the bett ; except the church of rome , which hath been so long barren of miracles , should now in her declining age , be brought to bed of one that would out-do the best she can brag of in her legend . to conclude , the short question will be , whether you will join with those who must in the end run the same fate with you ? if protestants of all sorts , in their behaviour to one another , have been to blame , they are upon the more equal terms , and for that very reason it is fitter for them now to be reconciled . our dis-union is not only a reproach , but a danger to us ; those who believe in modern miracles , have more right , or at least more excuse , to neglect all secular cautions ; but for us , it is as justifiable to have no religion , as wilfully to throw away the humane means of preserving it . i am , dear sir , your most affectionate humble servant , t. w. some cautions offered to the consideration of those who are to chuse members to serve in the ensuing parliament . london , printed in the year , . some cautions offered to the consideration of those who are to chuse members to serve for the ensuing parliament . i will make no other introduction , than that it is hoped the counties and boroughs will remember in general , that besides other consequences , they will have the credit of a good choice , or the scandal that belongeth to an ill one . the creators will be thought like their creatures ; and therefore an ill choice will either be a disparagement of their understanding , or their morals . there cannot be a fuller approbation of a thing , than the chusing of it ; so that the fault of the members chosen , if known before-hand , will be judged to be of the growth of that county or borough , after such a solemn approbation of them . in short , those who send up their representatives to westminster , should take care they may be such as will do them right , and their countrey honour . now to the particulars . i. a very extraordinary earnestness to be chosen , is no very good symptom : a desire to serve the nation in parliament , is an english man's ambition : always to be encouraged , and never to be disapproved . a man may not only be willing to stand , but he may declare that willingness to his friends , that they may assist him , and by all the means becoming a modest and prudent man , he may endeavour to succeed , and prevent the being disappointed in it . but there is a wide difference between this and the raising a king of petty war in the county or corporation ; entring the lists rather for a combat than an election ; throwing fire-balls to put men into heat , and omitting to spread no reports , whether true or false , which may give an advantage by laying a blemish upon a competitor . these methods will ever be suspicious ; it will never be thought a natural thing for men to take such extravagant pains for the meer sake of doing good to others . to be content to suffer something for a good end , is that which many would do without any great repugnance : but where a man can honestly propose nothing to himself , except troubles , charge , and loss , by absence from his own affairs , to be so violent in the pursuit of so ill a bargain , is not at all suited to the languishing virtue of mankind so corrupted . such a self-denying zeal in such a self-seeking age , is so little to be imagin'd , that it may without injury be suspected . therefore when these blustring pretenders come upon the stage , their natural temper and other circumstances ought to be very well consider'd , before men trust them with the disposal of their money , or their liberty . and i am apt to believe , there could hardly be found one single man whose other qualifications would over-balance the objections that lie against such importunate suitors . ii. recommending letters ought to have no effect upon elections . in this i must distinguish ; for tho in strictness perhaps there should be no exception ; yet in compliance with long practice , and out of an indulgence that is necessary in a time when mankind is too much loosened from severe rules , to be kept close up to them , letters sent only from equal men , doing good men right by giving evidence in their behalf , offering them as fitly qualified , when they really are so , and freeing them from unjust aspersions , may be still allowed . the letters i mean , are from men of power , where it may be beneficial to comply , and inconvenient to oppose . choice must not only be free from force , but from influence , which is a degree of force : there must be no difficulty , no apprehension that a refusal will be ill taken , or resented . the freeholders must be freemen too ; they are to have no shackles upon their votes in a election : and the men who stand , should carry their own letters of recommendation about them , which are there good character and behaviour in the world , without borrowing evidence , especially when it comes from suspected hands . those who make use of these epistles , ought to have no more advantage from them , that the muscovites have from the letters put into their hands , when they are buried , to recommend them to st. nicholas . the first should as little get admittance . for men into the parliament , as these letters can introduce the bearers into heaven . the scandal of such letters lieth first in the arrogant imposing of those that write them , and next in the wretched meanness of those that need them . men must be fallen very low in their credit , who upon such an occasion have a recourse to power to support it : their enemies could not give stronger evidence of their not being fit for that which they pretend to . and if the electors judge otherwise , they will be pretty sure in a little time to see their mistake , and to repent it . iii. non-attendance in former parliaments ought to be a bar against the choice of men who have been guilty of it . it is one of the worst kinds of non-residence , and the least to be excused : it is very hard that men should despise a duty , which perhaps is the only ground of the respect that is paid to them . it is such a piece of sawciness for any one to press for the honour of serving in parliament , and then to be careless in attending it , that in a house where there were so many officers , the penalty had not been improper to have cashier'd them for not appearing at the general muster . if men forbear to come out of laziness , let them be gratified by taking their ease at home without interruption ; if out of small cunning to avoid difficulties , and to escape from the inconvenience of voting in critical cases , let them enjoy that despicable pitch of wisdom , and never pretend to make a figure where the publick is to be served . if it would not be thought advisable to trust a man immediately after he hath been drawn out of a gaol , it may be as reasonable to look upon one who for his non-attendance in the house hath been sent for in custody , as a king of bankrupt , which putteth him upon unequal terms with those who have been assiduous in the discharge of their duty . they who thought fit in one session to neglect the publick business , may be justly suspected , by their standing , in the next to intend their own . besides these more deliberate offenders , there are some who do not attend even when they are in the house : absent in their thoughts for want of comprehending the business that is doing , and therefore diverted from it by any thing that is trivial . such men are nusances to a serious assembly ; and when they are numerous , it amounteth almost to a dissolution ; it being scarce possible for good sence to be heard , whilst a noise is made by the buzzing of these horse flies . the roman censors who degraded a senator for yawning whilst there was a debate , would have much more abundant matter here upon which they might exercise their jurisdiction . to conclude this head , there are so few that ever mended in these cases , that after the first experiment it is not at all reasonable to take them upon a new tryal . iv. men who are unquiet and busy in their natures , are to give more than ordinary proofs of their integrity , before the electing them into a publick trust can be justified . as a hot summer breedeth greater swarms of flies , so an active time breedeth a greater number of these shining gentlemen . it is pretty sure , that men who cannot allow themselves to be at rest , will let no body else be at quiet . such a perpetual activity is apt by degrees to be applied to the pursuit of their private interest . and their thoughts being in a continual motion , they have not time to dwell long enough upon any thing to entertain a scruple . so that they are generally at full liberty to do what is most convenient for them , without being fettered by any restraints . nay further ; whenever it hapneth that there is an impunity for cheating , these nimble gentlemen are apt to think it a disparagement to their understandings not to go into it . i doubt it is not a wrong to the present age , to say , that a knave is a less unpopular calling than it hath been in former times . and to say truth , it would be ingratitude in some men to turn honest , when they owe all they have to their knavery . the people are in this respect unhappy ; they are too many to do their own business ; their numbers , which make their strength , are at the same time the cause of their weakness ; they are too unweildy to move ; and for this reason nothing can ever redeem them from this incurable impotency : so that they must have solicitors to pursue and look after their interests : who are too often disposed to dispense with the fidelity they owe to those that trust them ; especially if the government will pay their bills without abatement . it is better these gentlement's dexterity should be employed any where than in parliament , where the ill consequence of their being members is too much diffused , and not restrained to the county or borough who shall be so unwary as to chuse them . v. great drinkers are less fit to serve in parliament than is apprehended . men's virtue , as well as their understanding , is apt to be tainted by it . the appearance of it is sociable and well-natur'd , but it is by no means to be rely'd upon . nothing is more frail than a man too far engaged in wet popularity . the habit of it maketh men careless of their business , and that naturally leadeth them into circumstances , that make them liable to temptation . it is seldom seen , that any principles have such a root , as that they can be proof against the continual droppings of a bottle . as to the faculties of the mind , there is not less objection ; the vapours of wine may sometimes throw out sparks of wit , but they are like scattered pieces of ore , there is no vein to work upon . such wit , even the best of it , is like paying great fines ; in which case there must of necessity be an abatement of the constant rent . nothing sure is a greater enemy to the brain , than too much moisture ; it can the least of any thing bear the being continually steeped : and it may be said , that thought may be resembled to some creatures which can live only in a dry country . yet so arrogant are some men , as to think they are so much masters of business , as that they can play with it ; they imagine they can drown their reason once a day , and that it shall not be the worse for it ; forgetting , that by too often diving the understanding at last groweth too weak to rise up again . i will suppose this fault was less frequent when solon made it one of his laws , that it was lawful to kill a magistrate if he was found d●unk . such a liberty taken in this age , either in the parliament or out of it , would do terrible execution . i cannot but mention a petition in the year , from the county of devon , to the house of commons , against the undue election of burgesses , who are strong in wine and weak in wisdom . the cause of such petitions is to be prevented by chusing such as shall not give handle for them . vi. wanting-men give such cause of suspicion where ever they deal , that surely the chusers will be upon their guard , as often as such dangerous pretenders make their application to them . let the behaviour of such men be never so plausible and untainted , yet they who are to pitch upon those they are to trust with all they have , may be excused , if they do not only consider what they are but what they may be . as we pray our selves we may not be led , into temptation , we ought not by any means to thrust others into it ; even though our own interest was not concerned ; and sure when it is , the argument hath not less force . if a man hath a small estate , and a numerous family ; where it happeneth that a man hath as many children as he hath tenants , it is not a recommending circumstance for his election . when it cometh to be the question with such a man , whether he shall be just to the publick , or cruel to his family ? it is very possible the decision may be on the side of corrupted nature . it is a complement to this age , which it doth not deserve , to suppose men are so ty'd up to morality , as that they cannot be pinched out of it : especially now when it is called starving not to be embroidered , or served in plate . the men chosen to serve their country , should not be loaden with suits that may tempt them to assume privileges ; much less under such necessities as may more immediately prepare them for corruption . men who need a parliament for their own particular interest , have more reason to offer their service than others have to accept of it . and though i do not doubt , but there may be some whose virtue would triumph over their wants , let them be never so pressing ; yet to expose the publick to the hazard of being deceived , is that which can never be justifi'd by those that chuse . and tho it must be allow'd possible for a wanting-man to be honest , yet it is impossible for a man to be wise that will depend upon it . vii . there is a sort of men that have a tinsel-wit , which make them shine among those who cannot judge . club and coffee-house gentlemen , petty merchants of small conceits , who have an empty habit of prating without meaning ; they always aim at wit and generally make false fire . their business is less to learn , than to set themselves out ; which makes them chuse to be with such as can only be witnesses of their small ingenuity , rather than with such as might improve it . there is a subordinate wit , as much inferior to a wit of business , as a fidler at a wake is to the lofty sound of an organ . men of this size are in no degree suited to the business of redressing grievances , and making laws . there is a parliament wit to be distinguish'd from all other kinds ; those who have it , do not stuff their heads only with cavils and objections . they have a deliberate and an observing wit , a head turned to publick things ; men who place a greater pleasure in mending a fault than in finding it out . their understanding directeth them to object in the right place , and not like those who go by no other rule , than to conclude , that must be the best counsel which was not taken . these whole-sale judges shew such a gross and peevish ignorance , that it appeareth so openly in all they say or do , that they give loud warning to all considering men , not to chuse them . viii . the dislike of slight airy men must not go so far , as to recommend heaviness in opposition to it , especially where men are convicted of it by experience in former sessions . as a lively coxcomb will seldom fail to lay in his claim for wit ; so a blockhead is apt to pretend , that his heaviness is a proof of his judgment . some have an universal lethargy spread upon their understanding without exception ; others have an insufficiency 〈◊〉 hoc , as in some cases men have 〈◊〉 hanc ; these last can never so 〈…〉 thoughts to publick business , as to give the attention that is necessary to comprehend it . there are those who have such a thick shell upon their brains , that their ignorance is impenetrable , and maketh such astout resistance against common sense , that it will never be subdued by it : true heart of oak , ignorance that will neveryield , let reason beat never so hard upon it ; and though their kind neighbours have at several elections sent them up to school again , they have still return'd the same incurable dunces . there is a false gravity that is a very ill symptom ; and it may be said , that as rivers , which run very slowly , have always the most mud at the bottom ; so a solid stiffness in the constant course of a man's life , is a sign of a thick bed of mud at the bottom of his brain . a dull man is so near a dead man , that he is hardly to be ranked in the list of the living ; and as he is not to be buri'd whilst he is half alive , so he is as little to be imploy'd whilst : he is half dead . parliaments are now grown to be quite other things than they were formerly . in ancient times they were little more than great assizes ; a roll of grievances ; magna charta confirmed ; privileges of holy church preserved ; so many sacks of wool given , and away . now there are traps and gins laid for the well-meaning country-gentleman ; he is to grapple with the cunning of men in town , which is not a little improv'd by being rewarded and encourag'd . so that men whose good intentions are not seconded and supported by some degree of ability , are as much the more dangerous , as they are less criminal than cunning knaves . their honest mistakes , for want of distinguishing , either give a countenance to , or at least lessen the scandal of the injurious things that are done to the publick : and with leave ask'd for so odd an expression , their innocent guilt is as mischievous to the laws and liberties , as the most deliberate malice of those that would destroy them . ix . there is an abuse which daily increaseth , of sending such to parliament , as are scarce old enough to be sent to the university . i would not in this restrain the definition of these boys to the age of twenty one : if my opinion might take place , i should wish that none might be chosen into the house of commons under thirty ; and to make some equality , i should from the same motives , think it convenient , that no lord should have a vote in judicature under that age. but to leave this digression ; i cannot see why the chusers should not at least make it a rule among themselves , not to send any man to represent them under the age of twenty five , which is the time of majority in most other places of the world . surely it is not that we are earlier plants than our neighbours . such supposition could neither be justifi'd by our climate , nor by the degree of latitude in which we are placed ; i must therefore attribute it to the haste our ancestors had ( and not without reason ) to free themselves from the severity of wardships . but whether this , or any thing else , was the cause of our earlier stepping into man's estate ; so it is now , that according to our laws , twenty one is the age of discretion ; and the young man is then vested with a legal , how defective soever he may be in his natural understanding . with all this , there ought to be a difference made between coming out of pupilage , and leaping into legislatorship . it is perhaps inconvenient enough that a man should be so soon let loose to destroy his own estate ; but it is yet worse , that he should then have a power of giving away other men's . the law must make general rules , to which there always will be some objections . if there were tryers appointed to judge when leading-strings should be left off , many would wear them a very great while , and some perhaps with their gray hairs ; there being no small number of old boys in all times and especially in this . it is necessary therefore to make exceptions to this general rule , where the case so much requireth it , as it doth in the matter in question . the ground of sending these minors to parliament ought not to recommend the continuance of it to those who are lovers of liberty ; since it was by the authority and influence of great men , that their stripling sons were first receiv'd by the humble depending boroughs , or the complying counties . they called it , as many do still , the best school for young men. now experience hath shew'd us , that it is like a school only in this respect , that these youngsters when they are admitted , deserve to be whipp'd in it . if the house of commons is a school , it must be for men of riper age ; these are too young to learn there , and being elevated by a mistaken smattering in small politicks , they grow too supercilious to learn any where else ; so that instead of improving young promising plants , they are destroy'd by being misplac'd . if then they do themselves hurt by it , it is surer yet that they do the house no good by coming into it . they were not green geese that are said to have sav'd the capitol ; they were certainly of full age , or else their cackling could not have been heard , so as to give warning . indeed it look'd of late , when the fashion was to have long continu'd parliaments , as if we might plant a boy in the house with a prospect that he might continue there till he had gray hairs : and that the same sapling might have such a root , as that he might grow up to be timber without being remov'd . if these young men had skill enough to pitch upon some body in the house , to whom they might resign their opinion , and upon whose judgment they might lean without reserve , there might be less objection . but to speak truth , they know as little how to chuse , as those did who elected them : so that there is no other expedient left , than the letting them alone . one may say , generally speaking , that a young man being too soon qualifi'd for the serious business of parliaments , would really be no good symptom . it is a sign of too much phlegm , and too little fire in the beginning of age , if men have not a little more heat than is convenient ; for as they grow older they will run a hazard of not having so much as is necessary . the truth is , the vigour of youth is soften'd and misapply'd , when it is not spent either in war or close studies ; all other courses have an idle mixture that cometh to nothing , and maketh them like trees , which for want of pruning run up to wood , and seldom or never bear any fruit. to conclude this head , it must be own'd , that there is no age of our life which doth not carry arguments along with it to humble us : and therefore it would be well for the business of the world , if young men would stay longer before they went into it , and old men not so long before they went out of it . x. next to these may be rank'd a sort of superfine gentlemen , carpet-knights , men whose heads may be said to be only appurtenances to their perukes , which intirely ingross all their care and application . there understanding is so strictly appropriated to their dress ; that no part of it is upon pain of their utmost displeasure to be diverted to any other use . it is not by this intended to recommend an affected clown , or to make it a necessary qualification for a member of parliament , that he must renounce clean linen or good manners ; but surely a too earnest application to make every thing sit right about them , striketh too deep into their small stock of thoughts to allow it furniture for any thing else . to do right to these fine-spun gentlemen , business is too course a thing for them , which maketh it an unreasonable hardship upon them to oppress them with it ; so that in tenderness to them , no less than out of care to the publick , it is best to leave them to their taylors with whom they will live in much better correspondence , when the danger is prevented of their falling out about privileges . xi . men of injustice and violence , in their private dealings , are not to be trusted by the people with a commission to treat for them in parliament . in the th of edw. . the king commandeth in his writs not to chuse any knights who had been guilty of crime , or maintenance . these warm men seldom fail to run into maintenance , taken in a larger extent . it is an unnatural sound to come from a man that is arbitrary in his neighbourhood , to talk of laws and liberties at westminster ; he is not a proper vehicle for such words , which ought never to be prophaned . an habitual breaker of the laws , to be made one of the law-makers , is as if the benches in westminster-hall should be filled with men out of newgate . those who are of this temper cannot change their nature out of respect to their countrey . quite contrary ; they will less scruple to do wrong to a nation where no body taketh it to himself , than to particular men to whose resentments they are more immediately exposed . in short they lie under such strong objections , that the over-balance of better men cannot altogether purify an assembly where these unclean beasts are admitted . xii . excessive spenders and unreasonable savers are to be excluded , being both greedy from differing causes . they are both of them diseases of infection , and for that reason are not to be admitted into publick assemblies . a prodigal man must be , greedy because he thinketh he can never spend enough . the wretch must be so , because he will never think he can hoard enough . the world first admireth men's wisdom for getting money , and then raileth at them if they do not throw it away ? so that the prodigal man is only the less unpopular extreme ; he is every jot as well prepared as the miser to fall out with his morals , when once a good temptation is offered him to lay them aside . on the other side , some rich men are as eager to overtake those that are richer , as a running horse is to get to the race-post , before the other that contendeth with him . men often desire to heap , rather because others have more , than that they know what to do with that which they covet with so much impatience . so that it is plain , the fancy hath as great a share in this imaginary pleasure of gathering as it hath in love , ambition , or any other passion . it is pretty sure , that as no man was ever the richer for having a good estate , if he did not look after it ; so neither will he be the honester if he hath never so much . want of care will always create want of money ; so that whether a man is a begger because he never had any money , or because he can never keep any , it is all one to those who are to trust him . upon this head of prodigality , it may be no unreasonable caution to be afraid of those who in former service have , been extravagantly liberal of the publick money . trusting is so hazardous a thing , that it should never be done but where it is necessary ; so that when trustees are found upon tryal to be very lavish , even without examining into the causes of it , ( which are generally very suspicious ) it is a reasonable part of preventing wit to change hands , or else the chusers will pay the penalty that belongeth to good nature so misplaced , and the consequences will be attended with the aggravation of their not being made wiser by such a severe and costly warning . xiii . it would be of very great use to take a general resolution throughout the kingdom , that none should be chosen for a county but such as have either in possession , or reversion , a considerable estate in it ; nor for a burrough , except he be resiant , or that he hath some estate in the county , in present or expectancy . there have been eminent men of law who were of opinion , that in the case of a burgess of a town not resiant , the court is to give judgment according to the statute , notwithstanding custom to the contrary . but not to insist now upon that , the prudential part is argument enough to set up a rule to abrogate an ill custom . there is not , perhaps , a greater cause of the corruption of parliaments , than by adopting members , who may be said to have no title by their births . the juries are by the law to be exvicineto ; and shall there be less care that the representatives of the people be so too ? sure the interest of the county is best placed in the hands of such as have some share in it . the outliers are not so easily kept within the pale of the laws . they are often chosen without being known , which is more like chusing valentines , than members of parliament . the motive of their standing is more justly to be supposed , that they may redress their own grievances which they know , than those of the countrey , to which they are strangers . they are chosen at london to serve in cornwall , &c. and are often parties , before they come to be representatives : one would think the reproach it is for a county not to have men within their own circle to serve them in parliament , should be argument enough to reject these trespassers , without urging the ill consequences in other respects of their being admitted . xiv . as in some cases it is advisable to give a total exclusion to men not fitly qualified ; so in others it is more proper to lay down a general rule of caution , with allowance of some exceptions , where men have given such proofs of themselves , as create a right for them to be distinguished . of this nature is that which i shall say concerning lawyers , who , by the same reason that they may be useful , may be also very dangerous . the negligence , and want of application in gentlemen , hath made them to be thought more necessary than naturally they are in parliament . they have not only ingrossed the chair of the speaker , but that of a committee is hardly thought to be well filled , except it be by a man of the robe . this maketh it worthy of the more serious reflection of all gentlemen , that it may be an argument to them to quailfy themselves in parliamentary learning , in such a manner , as that they may rely upon their own abilities , in order to the serving their countrey . but to come to the point in question ; it is not without precedent , that practising-lawyers have been excluded from serving in parliament ; and , without following those patterns strictly , i cannot but think it reasonable , that whilst a parliament sitteth , no member of parliament should plead at any bar. the reason of it is in many respects strong in it self , and is grown much stronger by the long sitting of parliaments of late ; but i will not dwell upon this : the matter now in question being concerning lawyers being elected , which i conceive should be done with so much circumspection , that probably it would not often happen . if lawyers have great practice , that ought to take them up ; if not , it is no great sign of their ability ; and at the same time giveth a suspicion , that they may be more liable to be tempted . if it should be so in fact , that no king ever wanted judges to soften the stiffness of the laws that were made , so as to make them suit better with the reason of state , and the convenience of the government ; it is no injury now to suppose it possible for lawyers in the house of commons , so to behave themselves in the making of new laws , as the better to make way for the having their robes lined with fur. they are men used to argue on both sides of a question ; and if ordinary fees can inspire them with very good reasons in a very ill cause , that faculty exercised in parliaments , where it may be better encouraged , may prove very inconvenient to those that chuse them . and therefore , without arraigning a profession , that it would be scandalous for a man not to honour ; one may , by a suspicion , which is the more excusable when it is in the behalf of the people , imagine that the habit of taking money for their opinion , may create in some such a forgetfulness to distinguish , that they may take it for their vote . they are generally men who by a laborious study hope to be advanced : they have it in their eye as a reward for the toil they undergo . this maketh them generally very slow , and ill disposed ( let the occasion never so much require it ) to wrestle with that soil where preferment groweth . now if the supposition be in its self not unreasonable , and that it should happen to be strengthen'd and confirm'd by experience it will be very unnecessary to say any more upon this article , but leave it to the electors to consider of it . xv. i cannot forbear to put in a caveat against men ty'd to a party . there must in every body be a leaning to that sort of men who profess some principles , more than to others who go upon a different foundation ; but when a man is drowned in a party , plunged in it beyond his depth , he runneth a great hazard of being upon ill terms with good sense , or morality , if not with both of them . such a man can hardly be called a free-agent and for that reason is very unfit to be trusted with the peoples liberty , after he hath given up his own . it is said , that in some part of the indies they do so affect little feet , that they keep them squeezed while they are children , so that they stay at that small size after they are grown men. one may say something like this of men lock'd up in a party ; they put their thoughts into such a narrow mould , that they can never be enlarged nor released from their first confinements . men in a party have liberty only for their motto ; in reality they are greater slaves than any body else would care to make them . a party , even in times of peace , ( tho against the original contract , and the bill of rights ) sets up and continues the exercise of martial law : once inrolled , the man that quitteth , if they had their will , would be hanged for a deserter . they communicate anger to one another by contagion : and it may be said , that if too much light dazzleth the eye-sight , too much heat doth not less weaken the judgment . heat reigneth in the fancy ; and reason , which is a colder faculty of the brain , taketh more time to be heard , than the other will allow . the heat of a party is like the burning of a fever ; and not a natural warmth , evenly distributed to give life and vigor . there was a time indeed when anger shew'd a good sign of honesty ; but that evidence is very much weakned by instances we have seen since the days of yore : and the publick spirited choler hath been thrown off within time of memory , and lost almost all its credit with some people , since they found what governments thought fit to make their so doing a step to their preferment . a strong blustring wind seldom continues long in one corner . some men knock loud only to be let in ; the bustle they make is animated by their private interest . the outward blaze only is for religion and liberty : the true lasting fire , like that of the vestals which never went out , is an eagerness to get somewhat for themselves . a house of commons composed of such men , would be more properly so many merchants incorporated in a regular company , to make their particular adventures , than men sent from the people to serve and represent them . there are some splenetick gentlemen who confine their favourable opinion within so narrow a compass , that they will not allow it to any man that was not hanged in the late reigns . now by that rule one might expect they should rescue themselves from the disadvantage of being now alive ; and by abdicating a world so little worthy of them , get a great name to themselves , with the general satisfaction of all those they would leave behind them . amongst the many other ill consequences of a stated party , it is none of the least , that it tempteth low and insignificant men to come upon the stage , to expose themselves , and to spoil business . it turneth a cypher into a figure , such a one as it is : a man in a party is able to make a noise , let it be never so empty a sound . a weak man is easily blown out of his small senses , by being muster'd into a party ; he is flatter'd till he liketh himself so well , that he taketh it extremely ill if he hath not an employment . nothing is more in fashion , than for men to desire good places , and i doubt nothing is less so than to deserve them . from nobody to somebody is such a violent stride , that nature , which hath the negative voice , will not give its royal assent to it : so that when insufficient men aim at being in business , the worst of their enemies might out of malice to them , pray for their preferment . there could be no end , if one did not stop till this theme had no more matter to furnish . i will only say , nothing is more evident , than that the good of the nation hath been sacrificed to the animosities of the several contending parties ; and without entring into the dispute which of them are more or less in the right , it is pretty sure , that whilst these opposite sets of angry men are playing at foot-ball , they will break all the windows , and do more hurt than their pretended zeal for the nation will ever make amends for . in short , a man so engaged is retained before the people take him for their council ; he hath such a reverse for his party , that it is not adviseable for those who would chuse him , to depend upon his professions . all parties assuming such a dispensing power , that by their sovereign authority they cancel and dissolve any act or promise that they do not afterwards approve . these things considered , those who will chuse such men deserve whatever followeth . xvi . pretenders to exorbitant merit in the late revolution , are not without objections against them , when they stand to serve in parliament . it would not only be a low , but a criminal kind of envy , to deny a distinguishing justice to men who have been instrumental and active , when the service of their countrey requir'd it . but there ought to be moderation in men's claims , or else it is out of the power of our poor island to satisfy them . it is true , service of all kinds is grown much dearer , like labourer's wages , which formerly occasioned several statutes to regulate them . but now the men who only carried mortar to the building , when it is finished , think they are ill dealt with if they are not made master-workmen . they presently cry out , the original contract is broken , if their merit is not rewarded , at their own rate too . some will think there never ought to be an end of their rewards ; when indifferent judges would perhaps be puzzled to find out the beginning of their merit . they bring in such large bills , that they must be examin'd : some bounds must be put to men's pretensions ; else the nation , which is to pay the reckoning , will every way think it a scurvy thing to be undone , whether it be by being over-run by our enemies , or by the being , exhausted by our friends . there ought therefore to be deductions where they are reasonable , the better to justifie the paying what remaineth . for example , if any of these passionate lovers of the protestant religion should not think fit , in their manner of living , to give the least evidence of their morality , their claims upon that head might sure be struck off without any injustice to them . if there are any who set down great sums as a reward due to their zeal for rescuing property from the jaws of arbitrary power ; their pretensions may fairly be rejected , if now they are so far from shewing a care and tenderness of the laws , that they look rather like councel retained on the other side . it is no less strange , than i doubt it is true , that some men should be so in love with their dear mistress , old england , with all her wrinkles , as out of an heroick passion to swim over to rescue her from being ravish'd ; and when they have done the feat , the first thing after enjoyment is , that they go about to strangle her . for the sake of true love , it is not sit that such ungentile gallants should be too much encourag'd ; and their arrogance for having done well at first , will have no right to be excused , if their so doing ill at last doth not make them a little more modest . true merit , like a river , the deeper it is the less noise it makes . these loud proclaimers of their own deserts , are not only to be suspected for their truth , but the electors are to consider that such meritorious men lay an assessment upon those that chuse them . the publick taxes are already heavy enough without the addition of these private reckonings . it is therefore the safer way not to employ men , who will expect more for their wages , than the mistaken borough that sendeth them up to parliament could be sold for . xvii . with all due regard to the noblest of callings , military officers are out of their true element when they are misplaced in a house of commons . things in this world ought to be well suited . there are some appearances so unnatural , that men are convinc'd by them without any other argument . the very habit in some cases , recommendeth or giveth offence . if the judges upon the bench should , instead of their furrs , which signifie gravity , and bespeak respect , be cloathed like the jockeys at new-market , or wear jack-boots and steenkirks ; they would not in reality have less law , but mankind would be so struck with this unusual object , that it would be a great while before they could think it possible to receive justice from men so accouter'd . it is to some degree the same thing in this case ; such martial habits , blue-coats , red stockings , &c. make them look very unlike grave senators . one would almost swear they were creatures apart , and of a differing species from the rest of the body . in former times , when only the resiant shopkeeper was to represent his corporation ( which by the way is the law still at this day ) the military looks of one of these sons of mars , would have stared the quaking member down again to his burrough . now the number of them is so encreased , that the peaceable part of the house may lawfully swear they are in fear of their lives , from such an awful appearance of men of war. it maketh the room look like a guard-house by such an ill-suited mixture . but this is only the out-side , the bark of the argument ; the root goeth yet deeper against chusing such men , whose talents ought to be otherwise applied . their two capacities are so inconsistent , that mens undertaking to serve both the cures , will be the cause in a little time , that we shall neither have men of war , nor men of business , good in their several kinds . an officer is to give up his liberty to obey orders ; and it is necessarily incident to his calling that he should do so . a member of parliament is originally to be tender of his own liberty , that other men may the better trust him with theirs . an officer is to enable himself by his courage , improved by skill and experience , to support the laws ( if invaded ) when they are made ; but he is not supposed to be at leisure enough to understand how they should be made . a member of parliament is to fill his thoughts with what may best conduce to the civil administration ; which is enough to take up the whole man , let him be never so much raised above the ordinary level . these two opposite qualifications , being placed in one man , make him such an ambiguous divided creature , that he doth not know how to move . it is best to keep men within their proper sphere ; few men have understanding enough exactly to fill even one narrow circle , fewer are able to fill two ; especially when they are both of so great compass , and that they are so contrary in their own natures . the wages he hath as a member , and those he receiveth as an officer , are paid for services that are very differing ; and in the doubt which of them should be preferrably performed , it is likely the greater salary may direct him , without the further inducements of complying most , where he may expect most advantage by it . in short , if his dependance is not very great , it will make him a scurvy officer ; if it is great , it will make him a scurvier member . xviii . men under the scandal of being thought private pensioners , are too fair a mark to escape being consider'd , in reference to the point in question . in case of plain evidence , it is not to be suppos'd possible , that men convicted of such a crime should ever again be elected . the difficulty is in determining what is to be done in case of suspicion . there are suspicions so well grounded , that they may pretend to have the force of proofs , provided the penalty goeth only to the forbearing to trust , but not extending it so far as to punish . there must be some things plain and express to justify the latter , but circumstances may be sufficient for the former : as where men have had such sudden cures of their ill humours , and opposition to the court , that it is out of the way of ordinary methods of recovery from such distempers , which have a much slower progress ; it must naturally be imputed to some specifick that maketh such a quick alteration of the whole mass of blood. where men have raised their way of living , without any visible means to support them in it , a suspicion is justified , even by the example of the law , which in cases of this kind , though of an inferior nature , doth upon this foundation not only raise inferences , but inflict punishments . where men are immoral , and scandalous in their lives , and dispense familiarly with the rules by which the world is govern'd , for the better preserving the bonds of human society ; it must be a confidence very ill placed , to conclude it impossible for such men to yield to a temptation well offer'd and pursu'd ; when , the truth is the habit of such bons vivants , which is the fashionable word , maketh a suspicion so likely , that it is very hard not to believe it to be true . if there should be nothing but the general report , even that is not to be neglected . common fame is the only lyar that deserveth to have some respect still reserv'd to it ; tho she telleth many an untruth , she often hits right , and most especially when she speaketh ill of men . her credit hath sometimes been carried too far , when it hath gone to the divesting men of any thing of which they were possess'd , without more express evidence to justify such a proceeding . if there was a doubt whether there ever was any corruption of this kind it would alter the question ; but sure that will not bear the being controverted . we are told ; that charles the fifth sent over into england crowns to be distributed amongst the leading men , to encourage them to carry on elections . here was the protestant religion to be bought out for a valuable consideration according to law , though not according to gospel , which exalteth it above any price that can be set upon it . now , except we had reason to believe that the vertue of the world is improv'd since that time , we can as little doubt that such temptations may be offered , as that they may be receiv'd . it will be owed , that there is to be a great tenderness in suspecting ; but it must be allow'd at the same time , that there ought not to be lest in trusting , where the people are so much concern'd ; especially , when the penalty upon the party suspected goeth no further than a suspension of that confidence , which it is necessary to have in those who are to represent the nation in parliament . i cannot omit the giving a caution against admitting men to be chosen , who have places of any value . there needeth the less to be said upon this article , the truth of the proposition being supported by such plain argumen●s . sure no man hath such a plentiful spring of thought , as that all that floweth from it is too much to be appled to the business of parliament . it is not less sure , that a member of parliament , of all others , ought not to be exempted from the rule , that no man should serve two masters . it doth so split a man's thoughts , that no man can know how to make a fitting distribution of them to two such differing capacities . it exposeth men to be suspected , and tempted , more than is convenient for the publick service , or for the mutual good opinion of one another , which their ought to be in such an assembly . it either giveth a real dependance upon the government , which is inconsistent with the necessity there is , that a member of parliament should be disengaged , or at least it hath the appearance of it , which maketh them not look like freemen , though they should have virtue enough to be be so . more reasons would lessen the weight of this last , which is , that a bill to this effect , commonly called the self-denying bill , pass'd even this last house of commons . a greater demonstration of the irresistible strength of truth cannot possibly be given ; so that a copy of that bill in every county or burrough , would hardly fail of discouraging such pretenders from standing , or at least it would prevent their success if their own modesty should not restrain them from attempting it . xx. if distinctions may be made upon upon particular men , or remarks fix'd upon their votes in parliament , they must be allow'd in relation to those gentlemen , who for reasons best known to themselves thought fit to be against the triennial bill . the liberty of opinion is the thing in the world that ought least to be controll'd , and especially in parliament . but as that is an undoubted assertion , it is not less so , that when men sin against their own light , give a vote against their own thought , they must not plead privilege of parliament against the being arraigned for it by others , after they are convicted of it by themselves . there cannot be a man ▪ who in his definition of a house of commons , will state it to be an assembly , that for the better redressing of grievances the people feel , and for the better furnishing such supplies as they can bear , is to continue , if the king so pleaseth , for his whole reign . this could be as little intended , as to throw all into one hand , and to renounce the claim to any liberty , but so much as the sovereign authority would allow . it destroyeth the end of parliaments , it maketh use of the letter of the law to extinguish the life of it . it is , in truth , some kind of disparagement to so plain a thing , that so much has been said and written upon it ; and one may say , it is such an affront to these gentlemens understandings to censure this vote only as a mistake , that , as the age goeth , it is less discredit to them to call it by its right name ; and if that is rightly understood by those who are to chuse them , i suppose they will let them exercise their liberty of conscience at home , and not make men their trustees , who in this solemn instance have such an unwillingness to surrender . it must be own'd , that this bill hath met with very hard fortune , and yet that doth not in the least diminish the value of it . it had in it such a root of life , that it might be said , it was not dead but sleeped ; and we see that the last session , it was revived and animated by the royal assent , when once fully inform'd of the consequences , as well as of the justice of it . in the mean time , after having told my opinion , who ought not to be chosen : if i should be ask'd , who ought to be , my answer must be , chuse englishmen ; and when i have said that , to deal honestly , i will not undertake that they are easy to be found . a rough draught of a new model at sea , . london : printed in the year . a rough draught of a new model at sea , . i will make no other introduction to the following discourse , than that as the importance of our being strong at sea , was ever very great , so in our present circumstances it is grown to be much greater ; because , as formerly our force of shipping contributed greatly to our trade and safety . so , now it is become indispensibly necessary to our very being . it may be said now to england , martha , martha , thou art busy about many things , but one thing is necessary to the question , what shall we do to be saved in this world ? there is no other answer but this , look to your moate . the first article of an english-mans political creed must be , that he believeth in the sea , &c. without that there needed no general council to pronounce him capable of salvation here . we are in an island confin'd to it by god almighty , not as a penalty but a grace , and one of the greatest that can be given to mankind . happy confinement that has made us free , rich , and quiet ; a fair portion in this world , and very well worth the preserving , a figure that ever hath been envied , and could never be imitated by our neighbours . our situation hath made greatness abroad by land conquests unnatural things to us . it is true , we made excursions , and glorious ones too , which make our names great in history , but they did not last . admit the english to be giants in courage , yet they must not hope to succeed in making war against heaven , which seemeth to have enjoyned them to acquiesce in being happy within their own circle . it is no paradox to say , that england hath its root in the sea , and a deep one too , from whence it sendeth its branches into both the indies . we may say further in our present case , that if allegiance is due to protection , ours to the sea is due from that rule , since by that , and by that alone , we are to be protected ; and if we have of late suffered usurpation of other methods , contrary to the homage we owe to that which must preserve us . it is time now to restore the sea to its right ; and as there is no repentance effectual without amendment , so there is not a moment to be lost in their going about it . it is not pretended to launch into such a voluminous treatise , as to set down every thing to which so comprehensive a subject might lead me ; for as the sea hath little less variety in it than the land ; so the naval force of england extendeth it self into a great many branches , each of which are important enough to require a discourse apart , and peculiarly applied to it : but there must be preference to some consideration above others , when the weight of them is so visibly superior that it cannot be contested . it is there , first , that the foundations are to be laid of our naval oeconomy ; amongst these , there is one article which in its own nature must be allowed to be the corner-stone of the building . the choice of officers , with the discipline and encouragement belonging to them . upon this head only , i shall then take the liberty to venture my opinion into the world , with a real submission to those , who may offer any think better for the advantage of the publick . the first question then will be , out of what sort of men the officers of the fleet are to be chosen ; and this immediately leadeth us to the present controversy between the gentlemen and the tarpaulins . the usual objection on both sides are too general to be relied upon . partiality and common prejudices direct most mens opinions , without entring into the particular reasons which ought to be the ground of it . there is so much ease in aquiescing in generals , that the ignorance of those who cannot distinguish , and the largeness of those who will not , maketh men very apt to decline the trouble of stricter enquiries , which they think too great a price for being in the right , let it be never so valuable . this maketh them judge in the lump , and either let their opinions swim along with the stream of the world , or give them up wholly to be directed by success . the effect of this is , that they change their minds upon every present uneasiness , wanting a steady foundation upon which their judgment should be formed . this is a pearching upon the twigs of things , and not going to the root . but sure the matter in question deserveth to be examined in another manner , since so much dependeth upon it . to state the thing impartially , it must be owned that it seemeth to lye fairest for the tarpaulin : it giveth an impression that must have so much weight as to make a man's opinion lean very much on that side , it carrieth so much authority with it , it seemeth to be so unquestionable , that those are fittest to command at sea , who have not only made it their calling , but their element ; that there must naturally be a prejudice to any thing then can be said against it . there must therefore be some reason extraordinary to support the argument on the other side , or else the gentlemen could never enter the lists against such a violent objection , which seemeth not to be resisted . i will introduce my argument with an assertion , which as i take to be true almost in all cases , so it is necessary to be explained and inforced in this . the assertion is , that there is hardly a single proposition to be made , which is not deceitful , and the tying our reason too close to it , may in many cases be destructive . circumstances must come in , and are to be made a part of the matter of which we are to judge ; positive decisions are always dangerous , more especially in politicks . a man , who will be master of an argument , must do like a skilful general , who sendeth scouts on all sides , to see whether there may not be an enemy . so he must look round to see what objections can be made , and not go on in a streight line , which in the ready way to lead him into a mistake . before then , that we conclude what sort of men are fittest to command at sea , a principle is to be laid down , that there is a differing consideration to be had of such a subject-matter , as is in it self distinct and independent , and of such a one as being a limb of a body , or a wheel of a frame , there is a necessity of suiting it to the rest , and preserving the harmony of the whole . a man must not in that case restrain himself to the seperate consideration of that single part , but must take care it may fall in and agree with the shape of the whole creature , of which it is a member . according to this proposition , which i take to be indisputable , it will not i hope appear an affectation , or an extravagant fit of unseasonable politicks , if , before i enter into the particular state of the present question , i say something of the government of england , and make that the ground-work of what sort of men are most proper to be made use of to command at sea. the forms of government to which england must be subjected , are either absolute monarchy , a commonwealth , or a mixt monarchy , as it is now ; with those natural alterations that the exegency of affairs may from time to time suggest . as to absolute monarchy i will not allow my self to be transported into such invectives , as are generally made . against it ; neither am i ready to enter into the aggrevating stile of calling every thing slavery , that restraineth men in any part of their freedom : one may discern in this , as in most other things , the good and bad of it . we see by too near an istance , what fra●●e doth by it ; it doth not only struggle with the rest of christendom ; but is in a fair way of giving law to it . this is owing in great measure to a despotick and undivided power ; the uncontroulable authority of the directive councils maketh every thing move without disorder or opposition , which must give an advantage , that is plain enough of it self , without being proved by the melancholly experience we have of it at this time . i see and admire this ; yet i consider at the same time , that all things of this kind are comparative : that as on one side , without government men cannot enjoy what belongeth to them in particular , nor can a nation be secure , or preserve it self in general : so on the other side , the end of government being , that mankind should live in some competent state of freedom , it is very unnatural to have the end destroyed by the means that were originally made use of to attain it . in this respect something is to be ventured , rather than submit to such a precarious state of life , as would make it a burthen to a reasonable creature ; and therefore , after i have owned the advantages in some kind of an unlimitted government ; yet , while they are attended with so many other discouraging circumstances , i cannot think but that they may be bought too dear ; and if it should be so , that it is not possible for a state to be great and glorious , unless the subjects are wretchedly miserable . i am ashamed to own my low-spirited frailty in preferring such a model of government , as may agree with the reasonable enjoyment of a free people , before such a one , by which empire is to be extended at such an unnatural price . besides whatever mens opinions may be one way or another , in the general question , there is an argument in our case that shutteth the door to any answer to it . ( viz. ) we cannot subsist under a despotick power , our very being would be destroyed by it ; for we are to consider , we are a very little spot in the map of the world , and make a great figure only by trade , which is the creature of liberty ; one destroyed , the other falleth to the ground by a natural consequence , that will not admit a dispute . if we would be measured by our acres , we are poor inconsiderable people ; we are exalted above our natural bounds , by our good laws , and our excellent constitution . by this we are not only happy at home , but considerable abroad . our situation , our humour , our trade , do all concur to strengthen this argument . so that all other reasons must give place to such a one as maketh it out , that there is no mean between a free nation and no nation . we are no more a people , nor england can no longer keep its name from the moment that our liberties are extinguish'd ; the vital strength that should support us being withdrawn , we should then be no more than the carcass of a nation , with no other security than that of contempt ; and to subsist upon no other tenure , than that we should be below the giving temptation to our stronger neighbours to devour us . in my judgment , therefore , there is such a. short decision to be made upon this subject , that in relation to england , an absolute monarchy is as an unreasonable thing to be wished , as i hope it will be impossible to be obtained . it must be considered in the next place , whether england likely is to be turn'd into a commonwealth . it is hard at any time to determine what will be the shape of the next revolution , much more at this time would it be inexcusably arrogant to undertake it . who can foresee whether it will be from without , or from within , or from both ? whether with or without the concurrence of the people ? whether regularly produced , or violently imposed ? i shall not therefore magisterially declare it impossible that a commonwealth should be settled here ; but i may give my humble opinion , that according to all appearances , it is very improbable . i will first lay it down for a principle , that it is not a sound way of arguing , to say , that if it can be made out , that the form of a commonwealth will best suit with the interest of the nation , it must for that reason of necessity prevail . i will not deny but that interest will not lie , is a right maxim , where-ever it is sure to be understood ; else one had as good affirm , that no man in particular , nor mankind in general , can ever be mistaken . a nation is a great while before they can see , and generally they must feel first before their sight is quite cleared . this maketh it so long before they can see their interest ; that for the most part it is too late for them to pursue it : if men must be supposed always to follow their true interest , it must be meant of a new manufactory of mankind by god almighty ; there must be some new clay , the old stuff never yet made any such infallible creature . this being premis'd , it is to be inquired , whether instead of inclination , or a leaning towards a commonwealth , there is not in england a general dislike to it ; if this be so as i take it to be , by a very great disparity in numbers ; it will be in vain to dispute the reason , whilst humour is against it , allowing the weight that is due to the argument , which may be alledged for it ; yet , if the herd is against it , the going about to convince them , would have no other effect than to shew that nothing can be more impertinent than good reasons , when they are misplaced or ill-timed . i must observe , that there must be some previous dispositions in all great changes to facilitate and to make way for them : i think it not at all absur'd , i affirm that such resolutions are seldem made at all , except by the general preparations of mens minds they are half made before , and it is plainly visible , that men go about them . though it seemeth to me that the argument alone maketh all others unnecessary , yet i must take notice that ▪ besides what hath been said upon this subject , there are certain preliminaries to the first building a commonwealth . some materials absolutely necessary for the carrying on such a fabick , which at present are wanting amongst us , i mean virtue , morality , diligence , or at least hypocrisy . now this age is so plain dealing , as not to dissemble so far as to an outward ▪ pretence of qualities which seem at present so vnfashionable , and under so much discountenance . from hence we may draw a plain and natural inference , that a commonwealth is not fit for us , because we are not fit for a commonwealth . this being granted , the supposition of this form of government of england , with all its consequences as to the present question , must be excluded ; and absolute monarchy having been so too by the reasons at once alledged , it will without further examination fall to a mixt government , as we now are . i will not say , that there is never to be any alteration ; the constitution of the several parts that concur to make up the frame of the present government , may be altered in many things , in some for the better , and in others , perhaps for the worse , according as circumstances shall arise to induce a change ; and as passion and interest shall have more or less influence upon the publick councils ; but still , if it remaineth in the whole so far a a mixt monarchy , that there shall be a restraint upon the prince , as to the exercise of a despotick power , it is enough to make it a groundwork for the present question . it appeareth then that a bounded monarchy is that kind of government which will most probably prevail and continue in england ; from whence it must follow ( as hath been hinted before ) that every considerable part ought to be so composed , as the better to conduce to the preserving the harmony of the whole constitution . the navy is of so great importance , that it would be disparaged by calling it less than the life and soul of government . therefore to apply the argument to the subject we are upon ; in case the officers be all tarpaulins , it would be in reality too great a tendency to a common-wealth ; such a part of the constitution being democratically disposed may be suspected to endeavour to bring it into that shape ; where the influence must be so strong , and the supposition will be the more justifiable . in short , if the maritim force , which is the only thing that can defend us , should be wholly directed by the lower sort of men , with an intire exclusion of the nobility and gentry ; it will not be easy to answer the arguments supported by so great a probability , that such a scheme would not only lean toward a domocracy , but directly lead us into it . let us now examine the contrary proposition , ( viz. ) that all officers should be gentlemen . here the objection lierh so fair of its introducing an arbitrary government , that it as little to be answered in that respect , as the former is in the other . gentlemen in a general definition , will be suspected to lie more than other men , under the temptations of being made instruments of unlimitted power ; their relations , their way of living , their tast of the entertainments of the court , inspire an ambition that generally draweth their inclinations toward it , besides the gratifying of their interests . men of quality are often taken with the ornaments of government , the splendor dazleth them so , as that their judgments are surprized by it ; and there will be always some that have so little remorse for invading other mens liberties , that it maketh them less solicitous to preserve their own . these things throw them naturally into such a dependance as might give a dangerous biass ; if they alone were in command at sea , it would make that great wheel turn by an irregular motion , and instead of being the chief means of preserving the whole frame , might come to be the chief instruments to discompose and dissolve it . the two further exclusive propositions being necessarily to be excluded in this question , there remaineth no other expedient ; neither can any other conclusion be drawn from the argument as it hath been stated , than that there must be a mixture in the navy of gentlemen and tarpaulins , as there is in the constition of the government , of power and liberty . this mixture is not to be so rigorously defined , as to set down the exact proportion there is to be of each ; the greater or lesser number must be directed by circumstances , of which the government is to judge , and which makes it improper to set such rounds , as that upon no occasion it shall on either side be lessened or enlarged . it is possible the men of wapping may think they are injured , by giving them any partners in the dominion of the sea ; they may take it unkindly to be jostled in their own element by men of such a different education , that they may be said to be of another species ; they will be apt to think it an usurpation upon them , and notwithstanding the instances that are against them , and which give a kind of prescription on the other side , they will not easily acquiesce in what they conceive to be a hardship to them . but i shall in a good measure reconcile my self to them by what follows ; ( viz. ) the gentlemen shall not be capable of bearing office at sea , except they be tarpaulins to ; that is to say , except they are so trained up by a continued habit of living at sea , that they may have a right to be admitted free denizens of wapping upon this dependeth the whole matter ; and indeed here lieth the difficulty , because the gentlemen brought up under the connivance of a looser discipline , and of an easier admittance , will take it heavily to be reduced within the fetters of such a new model ; and i conclude , they will be extreamly averse to that which they call an unreasonable yoke upon them , that their original consent is never to be expected . but if it appeareth to be convenient , and which is more , that it is necessary for the preservation of the whole , that it should be so ; the government must be call'd in aid to suppress these first boilings of discontent ; the rules must be imposed with such authority , and the execution of them must be so well supported , that by degrees their impatience will be subdued , and they will concu● in an establishment to which they will every day be more reconciled . they will find it will take away the objections which are now thrown upon them , of setting up for masters , without having even been apprentices ; or at least , without having served out their time. mankind naturally swelleth against favour and partiality ; their belief of their own merit maketh men object them to a prosperous competitor , even when there is no pretence for it ; but when there is the least handle offered , to be sure it will be taken . so , in this case , when a gentleman is preferr'd at sea , the tarpaulin is very apt to impute it to friend or favour : but if that gentleman hath before his preferment passed through all the steps which lead to it , that he smelleth as much of pitch and tar , as those that were swadled in sail-cloath ; his having an escutcheon will be so far from doing him harm , that it will set him upon the advantage ground : it will draw a real respect to his quality when so supported , and give him an influence , and and authority infinitely superior to that which the meer sea men can ever pretend to . when a gentleman hath learned how to obey , he will grow very much fitter to command ; his own memory will advise him not to inflict too rigorous punishments . he will better resist the temptations of authority ( which are great ) when he reflecteth how much he hath at other times wished it might be gently exercised , when he was liable to the rigour of it . when the undistinguish'd discipline of a ship hath tamed the young mastership , which is apt to arise from a gentleman's , birth and education . he then groweth proud in the right place , and valueth himself first upon knowing his duty , and then upon doing it . in plain english , men of quality in their several degrees must either restore themselves to a better opinion , both for morality and diligence , or else quality it self will be in danger of being extinguished . the original gentleman is almost lost in strictness , when posterity doth not still further adorn by their virtue . the escutcheon their ancestors first got for them by their merit , they deserve the penalty of being deprived of it . to expect that quality alone should waft men up into places and imployments , is as unreasonable , as to think that a ship , because it is carved and gilded , should be fit to go to sea without sails or tackling . but when a gentleman maketh no other use of his quality , than to incite him the more to his duty , it will give such a true and settled superiority , as must destroy all competition from those that are below him . it is time now to go to the probationary qualifications of an officer at sea : and i have some to offer , which i have digested in my thoughts , i hope impartially , that they may not be speculative notions , but things easy and practicable , if the directing powers will give due countenance and incouragement to the execution of them : but whilst i am going about to set them down , though this little essay was made to no other end , than to introduce them , i am upon better recollection , induced to put a restraint upon my self , and rather retract the promise i made at the beginning , than by advising the particular methods , by which i conceive the good end that is aimed at may be obtained , to incur the imputation of the thing of the world , of which i would least be guilty , which is of anticipating , by my private opinion , the judgment of the parliament , or seeming out of my slender stock of reason to dictate to the supream wisdom of the nation . they will , no doubt , consider the present establishments for discipline at sea , which are many of them very good , and if well executed , might go a great way in the present question . but i will not say they are so perfect , but that other may be added to make them more effectual , and that some more supplemental expedients may be necessary to compleat what is yet defective : and whenever the parliament shall think fit to take this matter into their consideration , i am sure they will not want for their direction , the auxiliary reasons of any man without doors , muchless of one , whose thoughts are so intirely and unaffectedly resigned to whatever they shall determine in this , or any thing else relating to the publick . maxims of state . by a late person of honour . london : printed in the year . maxlms of state . . that a prince who falleth out with laws , breaketh with his best friends . . that the exalting his own authority above his laws , is like letting in his enemy to surprize his guards : the laws are the only guards he can be sure will never run away from him . . a prince that will say he can do no good , except he may do every thing ; teacheth the people to say , they are slaves , if they must not do whatever they have a mind to . . that power and liberty are like heat and moisture ; where they are well mixt ▪ every thing prospers ; where the are single , they are destructive . . that arbitrary power is like most other things , that are very hard , they are also very apt to break . . that the profit of places should be measured as they are more or less conducing to the publick service ; and if business is more necessary than splendor , the , instrument of it ought in proportion to be better paid ; that the contrary method is as impertinent , as it would be to let the. carving of a ship cost more than all the rest of it . . that where the least useful part of the people have the most credit with the prince , men will conclude , that the way to get every thing , is to be good for nothing . . that an extravagant gift to one man , raiseth the market to every body else ; so that in consequence , the unlimitted bounty of an unthinking prince maketh him a beggar , let him have never so much money . . that if ordinary beggars are whip'd , the daily beggars in fine cloaths ( out of a proportionable respect to their quality ) ought to be hanged . . that pride is as loud a beggar as want , and a great deal more sawcy . . that a prince , who will give more to importunity than merit , had as good set out a proclamation to all his loving subjects , forbidding them to do well , upon the penalty of being undone by it . . that a wise prince will not oblige his courtiers , who are birds of prey , so as to disoblige his people , who are beast of burthen . . that it is safer for a prince to judge of men by what they do to one another , than that they do to him . . that it is a gross mistake to think , that a knave between man and man , can be honest to a king , whom of all other men generally they make the least scruple to deceive . . that a prince who can ever trust the man that hath once deceived him , loseth the right of being faithfully dealt with by any other person . . that it is not possible for a prince to find out such an honest knave , as will let no body else cheat him . . that if a prince does not shew an aversion to knaves , there will be an inference that will be very natural , let it be never so unmannerly . . that a prince who followeth his own opinion to soon , is in danger of repenting it too late . . that it is less dangerous for a prince to mind too much what the people say , than too little . . that a prince is to take care that the greater part of the people may not be angry at the same time ; for though the first beginning of their ill humour should be against one another , yet if not stopt , it will naturally end in anger against him . . that if princes would reflect how much they are in the power of their ministers , they would be more circumspect in the choice of them . . that a wise prince will support good servants against mens anger , and not support ill ones against their complaint . . that parties in a state generally , like freebooters , hang out false colours ; the pretence is the publick good ; the real business is , to catch prizes ; like the tartars , where-ever they succeed , instead of improving their victory , they presently fall upon the baggage . . that a prince may play so long between two parties , that they may in time join together , and be in earnest with him . . that there is more dignity in open violence , than in the unskilful cunning of a prince , who goeth about to impose upon the people . . that the people will ever suspect the remedies for the diseases of the state , where they are wholly excluded from seeing how they are prepared . . that changing hands without changing measures , is as if a drunkard in a dropsey should change his doctors , and not his dyet . . that a prince is to watch that his reason may not be so subdued by his nature , as not to be so much a man of peace , as to be just in an army ; nor so much a man of war , as to be out of his element in his counsel . . that a man who cannot mind his own business , is not to be trusted with the king 's . . that quality alone should only serve to make a shew in the embroidered part of the government ; but that ignorance , though never so well born , should never be admitted to spoil the publick business . . that he who thinks his place below him , will certainly be below his place . . that when princes examples ceaseth to have the force of a law , it is a sure sign that his power is wasting , and that there is but little distance between men's neglecting to imitate , and their refusing 〈◊〉 obey . . that a people may let a king fall , yet still remain a people ; but if a king let his people slip from him ▪ he is no longer king. advertisement . since the death of the ingenious translator of these essays , an imperfect transcript of the following letter was intended for the press , but having the good fortune to meet with a more correct copy , i thought my self under a necessity of publishing it with this third edition , not only to do justice to his memory , but to the great person he chose for his patron . m. g. a letter sent by his lordship to charles cotton , esq upon his new translation and dedication of montaigne's essays . sir . i have too long delay'd my thanks to you for giving me such an obliging evidence of your remembrance : that alone would have been a welcome present , but when join'd with the book in the world i am the best entertain'd with , it raiseth a strong desire in me to be better known , where i am sure to be so much pleased . i have till now thought wit could not be translated , and do still retain so much of that opinion , that i believe it impossible , except by one whose genius cometh up to that of the author . you have so kept the original strength of his thought , that it almost tempts a man to believe the transmigration of souls , and that his being us'd to hills , is come into the moore-lands to reward us here in england , for doing him more right than his country will afford him . he hath by your means mended his first edition : to transplant and make him ours , is not only a valuable acquisition to us , but a just censure of the critical impertinence of those french scribblers who have taken pains to make little cavils and exceptions , to lessen the reputation of this great man , whom nature hath made too big to confine himself to the exactness of a studied stile . he let his mind have its full flight , and sheweth by a generous kind of negligence that he did not write for praise , but to give to the world a true picture of himself and of mankind . he scorned affected periods , or to please the mistaken reader with an empty chime of words . he hath no affectation to set himself out , and dependeth wholly upon the natural force of what is his own , and the excellent application of what he borroweth . you see , sir , i have kindness enough for monsieur de montaigne to be your rival , but no body can pretend to be in equal competition with you : i do willingly yield which is no small matter for a man to do to a more prosperous lover ; and if you will repay this piece of justice with another , pray believe , that he who can translate such an author without doing him wrong must not only make me glad but proud of being his very humble servant , halli●ax . finis . notes, typically marginal, from the original text notes for div a -e his advice to a daughter . westminster-school . dr. busby , who the same same day . his free-school foundations . eikōn basilikē the porvtraictvre of his sacred maiestie in his solitudes and svfferings. together with his maiesties praiers delivered to doctor juxon immediately before his death. also his majesties reasons, against the pretended jurisdiction of the high court of justice, which he intended to deliver in writing on munday january , . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing e estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : , : ; : ) eikōn basilikē the porvtraictvre of his sacred maiestie in his solitudes and svfferings. together with his maiesties praiers delivered to doctor juxon immediately before his death. also his majesties reasons, against the pretended jurisdiction of the high court of justice, which he intended to deliver in writing on munday january , . charles i, king of england, - . reliqiæ sacræ carolinæ. marshall, william, fl. - , engraver. dugard, william, - . aut [ ], , [ ] p., [ ] leaves of plates ( folded) : ill., port. s.n.], [london : m.dc. xlix. [ ] first two words of title in greek characters. attributed both to charles i and john gauden. cf. nuc pre- imprints. place of publication from wing. signatures: a² b-q r⁴ s⁶ t² . intended to be issued with: charles i, "reliquiæ sacræ carolinæ" ( ), this was also issued separately in three states; this state has title page in red and black, with a border of black type ornaments, the corner ornaments printed in red; the "explanation of the embleme" by william dugard, printed in latin and english and bound before the frontispiece, begins: "ponderibus genus omni mali"; it is not part of any signature and is on a slightly smaller leaf than the text. frontispiece engraving signed: "guil: marshal delin:" (madan frontis. no. ); portrait of charles ii as prince of wales is on p. (p v) (madan port. no. ). the "prayers" follow p. . the "epitaph" on s v signed: j.h. (i.e. james howell). bodleian copy on umi reel : imperfect; frontis. is torn with loss of left half; portrait of charles has part of caption missing; lacking all after title page of the "prayers"; pages stained, tightly bound with loss of print; title page appears to be of a variant impression not described in madan: greek words at beginning of title set closer to upper border than on other copies. bodleian copy on umi reel : imperfect; lacks frontis. and "explanation"; slight print fade. harvard copy at : imperfect: frontis., p. - lacking; stains, tears with loss of print. numerous pagination errors. reproductions of the originals in: bodleian library and harvard univeristy library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng charles -- i, -- king of england, - -- early works to . great britain -- history -- civil war, - -- early works to . great britain -- politics and government -- - -- early works to . - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion coeli specto beatam et a●ternum gloria asperam at levem in verbo tuo spes mea gratia christi tracto splendidam at gravem vanita● mundi c 〈…〉 〈…〉 all delin : the explanation of the embleme . ponderibus genus omne mali , probrique gravatus , vizque ferenda ferens , palma ut depressa , resurgo . ac , velut undarum fluctûs ventique , furorem irati populi rupes immota repello . clarior è tenebris , coelestis stella , corusco . victor aeternùm ▪ foelici pace triumpho . auro fulgentem rutilo gemmisque micantem , at curis gravidam spernendo calco coronam . spinosam , at ferri facilem , quo spes mea , christi auxilio , nobis non est tractare molestum . aeternam , fixis fidei , semper que beatam in coelos occulis specto , nobisque-paratam . quod vanum est , sperno ; quod christi gratia praebet amplecti studium est : virtutis gloria merces . though clogg'd with weights of miseries , palm-like depress'd , i higher rise . and as th' unmoved rock out-braves the boyst'rous winds , and raging waves ; so triumph i. and shine more bright in sad affliction 's darksom night . that splendid , but yet toilsome crown , regardlesly i trample down . with joy i take this crown of thorn , though sharp , yet easie to be born . that heav'nly crown , already mine , i view with eyes of faith divine . i slight vain things ; and do embrace glory , the just reward of grace . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . ΕΙΚΩΝ ΒΑΣΙΛΙΚΗ . the porvtraictvre of his sacred maiestie in his solitudes and svfferings . together with his maiesties praiers delivered to doctor juxon immediatly before his death . also his majesties reasons , against the pretended jurisdiction of the high court of justice , which he intended to deliver in writing on munday january . . rom . . more then conquerour &c. bona agere , & mala pati , regium est . m. dc . xlix . the contents . upon his maiestyes calling this last parliament . p. upon the earle of strafford's death . . upon his maiesties going to the house of commnos . . vpon the insolency of the tumults . . upon his maiestyes passing the bil for the trienniall parliaments : and after setling this , during the pleasure of the two houses . . upon his maiesties retirement from westminster . . . upon the queenes departure , and absence out of england . . upon his majestyes repulse at hull , and the fates of the hothams . . upon the listing , and raysing armyes against the king. . upon their seizing the kings magazines , forts , navy , and militia . upon the . propositions first sent to the king ; and more afterwards . vpon the rebellion and troubles in ireland . . upon the calling in of the scots , and their comming . . upon the covenant . . upon the many jealousies raised , and scandalls cast upon the king , to stirre up the people against him . vpon the ordinance against the common-prayer-book . . of the differences between the king , and the . houses , in point of church-government . . vpon uxbridge-treaty , and other offers made by the king. . vpon the various events of the warre ; victories , and defeats . . vpon the reformations of the times . . vpon his maiesties letters , taken , and divulged . . vpon his maiesties leaving oxford , and going to the scots . . vpon the scots delivering the king to the english ; and his captivity at holmeby . . vpon their denying his maiesty the attendance of his chaplains . . penitentiall meditations and vowes in the kings solitude at holmeby . p. ● . vpon the armies surprisall of the king at holmby , and the ensuing distractions in the two houses , the army , and the city . . to the prince of wales . . meditations upon death , after the votes of non-addresses , and his maiesties closer imprisonment in carisbrook castle . ● ΕΙΚΩΝ ΒΑΣΙΛΙΚΗ . . vpon his maiesties calling this last parliament . this last parliament i called not more by others advice , and necessity of my affairs , then by my owne choice and inclination ; who have alwayes thought the right way of parliaments most ●afe for my crown , and best pleasing to my people : and although i was not forgetfull of ●hose sparks , which some mens distempers for●erly studied to kindle in parliaments , ( which ●y forbearing to convene for some yeares , i ●oped to have extinguished ) yet resolving with ●y selfe to give all just satisfaction to modest ●nd sober desires , and to redresse all pub●que greivances in church and state : i hoped ●y my [ freedome and their moderation ] to pre●ent all misunderstandings , and miscariages in ●is ; in which , as i feared affaires would meet ●ith some passion and prejudice in other men , ●o i resolved they should finde least of them in ●y selfe ; not doubting but by the weight of reason i should counterpoise the over-ballancings of any factions . i was , indeed , sorry to hear , with what partiality and popular heat elections were carried in many places ; yet hoping that the gravity and discretion of other gentlemen would allay and fix the commons to a due temperament , ( guiding some mens wel-meaning zeal by such rules of moderation as are best , both to preserve and restore the health of all states and kingdomes ) no man was better pleased with the convening of this parliament , then my selfe ; who knowing best the largenesse of my owne heart toward my peoples good and just contentment pleased my selfe most in that good and firm● understanding , which would hence grow between me and my people . all jealousies being laid aside , my owne an● my children interests gave me many obligations to seek and preserve the love and welfare o● my subjects . the only temporall blessing tha● is left to the ambition of just monarchs , as thei● greatest honour and safety , next gods protection ; i cared not to lessen my self in some thing of my wonted prerogative ; since i knew i coul● be no loser , if i might gain but a recompen● in my subjects affections . i intended not only to obliege my friends , b● mine enemies also : exceeding even the desire of those , that were factiously discontented , ● they did but pretend to any modest and sobe● sense . the odium and offences which some mens rigour or remissness in church & state had contracted upon my government , i resolved to have expiated by such laws , & regulations for the future , as might not only rectifie what was amisse in practise , but supply what was defective in the constitution : no man having a greater zeal to see religion setled in unity , and order , than my selfe ; whom it most concernes both in piety , and policy ; as knowing that no flames of civill dissentions are more dangerous then those which make religious pretensions the grounds of factions . i resolved to reform , what i should by free and full advice in parliament be convinced to be amisse , and to grant whatever my reason & conscience told me was fit to be desired ; i wish i had kept my selfe within those bounds , and not suffered my own iudgement to have been over-born in some things , more by others importunities , then their arguments ; my confidence had lesse betrayed my self , and my kingdomes to those advantages which some men sought for , who wanted nothing but power and occasion to do mischiefe . but our sinnes being ripe , there was no preventing of gods iustice , from reaping that glory in our calamities , which we robb'd him of in our prosperity . for thou ( o lord ) hast made us see , that resolutions of future reforming do not alwaies satisfie thy justice , nor prevent thy vengeance for former miscarriages . our sins have over laid our hopes , thou hast taught us to depend on thy mercies to forgive , not on our purpose to amend . when thou hast vindicated thy glory by thy iudgement , and hast shewed us how unsafe it is to offend thee upon presumptions afterwards to please thee ; then i trust thy mercies wil restore those blessings to us , which we have so much abused , as to force thee to deprive us of them . for want of timely repentance of our sins , thou givest us cause to repent of those remedies we too late apply . yet i do not repent of my calling this last parliament , because [ o lord , ] i did it with an upright intention to thy glory , and my peoples good . the miseries which have ensued upon me and my kingdomes , are the just effects of thy displeasure upon us ; and may be yet ( through thy mercy ) preparatives of us to future blessings , and better hearts to enioy them . o lord , though thou hast deprived us of many former comsorts ; yet grant me and my people the benefit of our afflictions , and thy chastisements , that thy rod as well as thy staffe may comfort us : then shall we dare to account them the strokes not of an enemy but , a father , when thou givest us those humble affections , that measure of patience in repentance , which becoms thy children ; i shall have no cause to repent the miseries this parliament hath occasioned , when by them thou hast brought me and my people , unfeignedly to repent of the sins we have committed . thy grace is infinitely better with our sufferings then our peace could be with our sins . o thou soveraign goodness and wisdom who over-rulest all our counsels , over rules also all our hearts , that the worse things we suffer by thy iustice , th● better we may be by thy mercy . as our sinnes have turned our antidotes into poyson , so let thy grace turn our poysons into antidotes . as the sins of our peace disposed us to this unhappy war , so let this warre prepare us for thy blessed peace . that although i have but troublesome kingdoms here , yet i may attain to that kingdom of peace in my heart , and in thy heaven , which christ hath purchased , and thou wilt give to thy servant , [ though a sinner ] for my saviours sake . amen . : vpon the earle of straffords death . i looked upon my lord of strafford , as a gentleman , whose great abilities might make a prince rather afraid , then ashamed to employ him in the greatest affaires of state. for , those were prone to create in him great confidence of undertakings , and this was like enough to betray him to great errours , and many enemies ; whereof he could not but contract good store , while moving in so high a spheare , and with so vigorous a lustre , he must need , [ as the sun ] raise many envious exhalations , which condensed by a popular odium , were capable to cast a cloud upon the brightest merit and integrity . though i cannot in my judgement approve all he did , driven ( it may be ) by the necessities of times , and the temper of that people , more then led by his own disposition to any height and rigour of actions , yet i could never be convinced of any such criminousnesse in him , as willingly to expose his life to the stroak of justice , and malice of his enemies . i never met with more unhappy conjuncture of affaires , then in the businesse of that unfortunate earl : when between my own unsatisfiednesse in conscience , and a necessity ( as some told me ) of satisfying the importunities of some people , i was perswaded by those , that i think wished me well , to chuse rather what was safe , then what seemed just ; preferring the outward peace of my kingdoms with men , before that inward exactnesse of conscience before god. and indeed , i am so farre from excusing or denying that complyance on my part ( for plenary consent it was not ) to his destruction , whom in my judgement i thought not , by any clear law , gilty of death ; that i never bare any touch of conscience with greater regret : which , as a sign of my repentance , i have often with sorrow confessed both to god and men , as an act of so sinfull frailty , that it discovered more a feare of man , than of god , whose name and place on earth no man is worthy to bear , who will avoid inconveniences of state , by acts of so high injustice , as no publique convenience can expiate or compensate . i see it a bad exchange to wound a mans own conscience , thereby to salve state sores ; to calme the stormes of popular discontents , by stirring up a tempest in a mans own bosome . nor hath gods justice failed in the event and sad consequences , to shew the world the falacy of that maxime , better one man perish ( though uniustly ) then the people be displeased , or destroyed . for , in all likelyhood i could never have suffered with my people greater calamities ( yet with greater comfort ) had i vindicated strafford s innocency , at least by denying to signe that destructive bill , according to that justice , which my conscience suggested , to me , then i have done since i gratified some mens unthankfull importunities with so cruell a favour . and i have observed , that those , who counselled me to sign that bill , have been so farre from receiving the rewards of such ingratiatings with the people , that no men have bin harassed and crushed more than they : he only hath bin least vexed by them , who counselled me not to consent against the vote of my owne conscience , i hope god hath forgiven me and them the sinfull rashnesse of that busines . to which being in my soul so fully conscious , those judgments god hath pleased to send upon me , are so much the more welcome , as a meanes ( i hope ) which his mercy hath sanctified so to me , as to make me repent of that unjust act , ( for so it was to me ) and for the future to teach me , that the best rule of policy is to prefer the doing of iustice before all enjoyments , and the peace of my conscience before the preservation of my kingdoms . nor hath any thing more fortified my ●esolutions against all those violent importunityes , which since have sought to gaine alike consent from me , to acts , wherein my conscience is unsatisfied , then the sharp touches i have had for what passed me , in my lord of straffords busines . not that i resolved to have imployed him in my affaires , against the advice of my parliament , but i would not have had any hand in his death , of whose guiltlesnesse i was better assured than any man living could be . nor were the crimes objected against him so clear , as after a long and fair hearing , to give convincing satisfaction to the major part of both houses ; especially that of the lords , of whom scarce a third part were present , when the bill passed that house : and for the house of commons , many gentlemen , disposed enough to diminish my l. of straffords greatnes and power , yet unsatisfied of his guilt in law , durst not condemne him to die ; who for their integrity in their votes , were by poasting their names , exposed to the popular calumny , hatred and fury : which grew then so exorbitant in their clamours for justice , [ that is , to have both my self and the two houses vote , and do as they would have us ] that many [ 't is thought ] were rather terrified to concur with the condemning party , then satisfied that of right they ought so to do . and that after act vacating the authority of the precedent , for future imitation , sufficiently tells the world , that some remorse touched even his most implacable enemies , as knowing he had very hard measure , and such as they would be very loath should be repeated to themselves . this tendernesse and regret i find in my soul , for having had any hand [ and that very unwillingly god knows ] in shedding one mans bloud unjustly ( though under the colour and formalities of justice , and pretences of avoiding publike mischiefs : ) which may , i hope , be some evidence before god and man , to all posterity , that i am far from bearing justly the vast load and guilt of all that bloud which hath been shed in this unhappy war : which some men will needs charge on me , to case their own soules , who am , and ever shall be more afraid to take away any mans life unjustly , then to lose my own . but thou , o god of infinite mercies , forgive me that act of sinfull complyance , which hath greater aggravations upon me , then any man. since i had not the least temptation of envie , or malice against him , and by my place should , at least so farre ; have bin a preserver of him , as to have denied my consent to his destruction . o lord , i acknowledge my transgression , and my sin is ever before me . deliver me from bloudguiltiness , o god , thou god of my salvation , and my tongue shal sing of thy righteousness . against thee have i finned , and done this evill in thy sight , for thou sawest the contradiction between my heart and my hand . yet cast me not away from thy presence , purge me with the blood of my redeemer , and i shall be clean ; wash me with that pretious efusion , and i shall be whiter then snow . teach me to learn righteousnesse by thy judgements , and to see my frailtie in thy justice : while i was perswaded by shedding one mans bloud to prevent after-troubles , thou hast for that , among other sins , brought upon me , and upon my kingdomes , great , long , and heavie troubles . make me to preferre justice , which is thy wil , before all contrarie clamours , which are but the discoveries of mans iniurious will. it is too much that they have once overcome me , to please them by displeasing thee ; o never suffer me for any reason of state , to go against my reason of conscience , which is highly to sin against thee , the god of reason , and iudg of our consciences . whatever , o lord , thou seest fit to deprive me of , yet restore unto me the ioy of thy salvation , and ever uphold me with thy free spirit ; which subiects my will to none , but thy light of reason , justice , and religion , which shines in my soule , for thou desirest truth in the inward parts , and integritie in the outward expressions . lord hear the voice of thy sons , and my saviours bloud , which speaks better things : o make me , and my people , to hear the voice of ioy & gladness , that the bones which thou hast broken may reioice in thy salvation . upon his maiestes going to the house of commons . my going to the house of commons to demand justice upon the . members , was an act , which my enemies loaded with all the obloquies and exasperations they could . it filled indifferent men with great jealousies and fears ; yea ; and many of my freinds resented it as a motion rising rather from passion than reason , and not guided with such discretion as the touchines of those times required . but these men knew not the fast motives , and pregnant grounds , with which i thought my self so furnished , that they needed nothing to such evidence , as i could have produced against those i charged , save only a free & legall triall , which was all i desired . nor had i any temptation of displeasure or revenge against those mens persons , further then i had discovered those [ as i thought ] unlawful correspondencies they had used , & engagements they had made to embroyle my kingdomes ; of all which i missed but little to have produced writings under some mens owne hands , who were the chief contrivers of the following innovations . providence would not have it so , yet i wanted not such probabilities as were sufficient to raise jealousies in any kings heart , who is not wholly stupid and neglective of the publick peace , which to preserve by calling in question halfe a dozen men , in a fair and legall way , ( which god knows was all my design ) could have amounted to no worse effect , had it succeeded , then either to do me and my kingdome right , in case they had bin found guilty ; or else to have clear'd their innocency , and removed my suspitions ; which , as they were not raised out of any malice , so neither were they in reason to be smothered . what flames of discontent this spark ( though i sought by all speedy and possible means to quench it ) soon kindled , all the world is witnes : the aspersion which some men cast upon that action , as if i had designed by force to assault the house of commons , and invade their priviledge , is so false , that as god best knows , i had no such intent ; so none that attended me could justly gather from any thing i then said , or did , the least intimation of any such thoughts . that i went attended with some gentlemen as it was no unwonted thing for the majesty and safety of a king so to be attended , especially in discontented times , so were my followers at that time short of my ordinary guard , and no way proportionable to hazard a tumultuary conflict . nor were they more scared at my comming , then i was unassured of not having some affronts cast upon me , if i had none with me to preserve a reverence to me ; for many people had , [ at that time ] learned to think those hard thoughts , which they have since abundantly vented against me , both by words and deeds . the summe of that businesse was this . those men and their adherents were then looked upon by the afrighted vulgar as greater protectors of their lawes and liberties , then my self , and so worthier of their protection . i leave them to god , and their own consciences , who , if guilty of evill machinations ; no present impunity , or popular vindications of them will be subter fuge sufficient to rescue them from those exact tribunalls . to which , in the obstructions of justice among men , we must religiously appeale , as being an argument to us christians of that after unavoidable judgement , which shall rejudge , what among men is but corruptly decided , or not at all . i endeavoured to have prevented , if god had seen fit , those future commotions , which i foresaw , would in all likelyhood follow some mens activity [ if not restrained ] and so now hath don to the undoing of many thousands , the more is the pitty . but to over-awe the freedom of the houses , or to weaken their just authority by any violent impressions upon them , was not at all my design : i thought i had so much justice and reason on my side , as should not have needed so rough assistance : and i was resolved rather to bear the repulse with patience , then to use such hazardous extremities . but thou o lord art my witnesse in heaven , and in my heart : if i have purposed anie violence or oppression against the innocent , or if there were anie such wickednesse in my thoughts . then let the enemie persecute my soule , and tread my life to the ground , & lay mine honour in the dust . thou that seest not as a man seeth , but lookest beyond all popular appearances , searching the heart , and trying the reins , & bringing to light the hidden things of darknesse , shew thy self . let not my afflictions be esteemed , as ( with wise and godly men they cannot be ) any argument of my sinne in that matter , more then their impunity among good men is any sure token of their innocency . but forgive them wherein they have done amiss● , though they are not punished for it in this world . save thy servant , from the privie conspiracies & open violence of bloodie and unreasonable men , according to the uprightnes of my heart , & the innocency of my hands in this matter . plead my cause , and maintain my right , o thou that sittest in the throne , iudging rightlie , that thy servant may ever reioyce in thy salvation . vpon the insolency of the tumults ▪ i never thought any thing ( except our sins ) more ominously presaging all these mischeifs , which have followed , then those tumults in london and westminster , soon after the convening of this parliament ; which were not like a storm at sea , [ which yet wants not its terror ] but like an earth-quake , shaking the very foundations of all ; then which nothing in the world hath more of horrour . as it is one of the most convincing arguments that there is a god , while his power sets bounds to the raging of the seas , so 't is no lesse , that he restraines the madnesse of the people . nor doth any thing portend more gods displeasure against a nation , then when he suffers the confluence and clamours of the vulgar , to passe all boundaries of lawes , and reverence to authority . vvhich those tumults did to so high degrees of insolence , that they spared not to invade the honour and freedome of the two houses , menacing , reproaching , shaking , yea and assaulting some members of both houses , as they fancyed , or disliked them ; nor did they forbeare most rude and unseemly deportments both in contemptuous words and actions , to my selfe and my court. nor was this a short fit or two of shaking , as an ague , but a quotidian feaver , always encreasing to higher inflamations , impatient of any mitigation , restraint , or remission . first , they must be a guard against those fears which some men scared themselves and others withall , when indeed nothing was more to be feared and lesse to be used by wise men , then those tumultuary confluxes of meane and rude people , who are taught first to petition , then to protect , then to dictate , at last to command and overawe the parliament . all obstructions in parliament [ that is , all freedome of differing in votes , and debating matters with reason and candour ) must be taken away with these tumults : by these must the houses be purged , and all rotten members ( as they please to count them ) cast out ; by these the obstinacy of men resolved to discharg their consciences , must be subdued ; by these all factious , seditious , and schismaticall proposalls against government ecclesiasticall or civill , must be backed and abetted , till they prevailed . generally , who ever had most mind to bring forth confusion and ruine upon church and state , used the midwifery of those tumults : whose riot and impatience was such , that they would not stay the ripening & season of counsells or fair production of acts , in the order , gravity , and deliberatenesse befitting a parliament ; but ripped up with barbarous cruelty , & forcibly cut out abortive votes , such as their inviters and incouragers most fancyed . yea , so enormous and detestable were their outrages , that no sober man could be without an infinite shame and sorrow to see them so tolerated , and connived at by some , countenanced , encouraged and applauded by others . what good man had not rather want any thing he most desired for the publique good , then obtain it by such an unlawfull and irreligious means ? but mens passions and gods direction seldome agree ; violent designes and motions must have sutable engins , such as too much attend their own ends , seldome confine themselves to gods means . force must croud in , what reason will not lead . vvho were the chief demagogues and patrons of tumults , to send for them , to flatte● and emboulden them , to direct and turne thei● clamorous importunities , some men yet living are too conscious to pretend ignorance ; god in his due time will let these see , that those were no fit means to be used for attaining his ends . but , as it is no strange thing for the sea , to rage when strong winds blow upon it , so neither for multitudes to become insolent , when they have men of some reputation for part● and piety to fet them on . that which made their rudenesse most formidable , was that many complaints being made , and messages sent by my self and some of both houses ; yet no order for redresse could be obtained with any vigour and efficacy , proportionable to the malignity of that now far spread disease , and predominant mischiefe . such was some mens stupidity , that they feared no inconvenience : others petulancy , that they joyed to see their betters shamefully outraged and abused , while they knew their only security consisted in vulgar flattery : so insensible were they of mine , or the two houses common safety and honours . nor could ever any order be obtained , impartially to examine , censure , & punish the know● boutefeus , and impudent incendiaries , who boasted of the influence they had , and used to convoke those tumults as their advantages served . yea , some ( who should have bin wiser statesmen ) owned them as friends , commending their courage , zeal , and industry ; which to sober men could seem no better then that of the devill , who goes about seeking whom he may deceive and devoure . i confesse when i found such a deafnes , that no declaration from the bishops , who were first fouly insolenced and assaulted ; nor yet from other lords and gentlemen of honour , nor yet from my self , could take place for the due repression of these tnmults : and securing not only our freedom in parliament , but our very persons in the streets ; i thought my self not bound by my presence , to provoke them to higher boldnesse and contempts ; i hoped by my withdrawing to give time , both for the ebbing of their tumultuous fury , and others regaining som degrees of modesty and sober sense . some may interpret it as an effect of pusillanimity in any man for popular terrours to desert his publique station . but i think it a hardinesse beyond true valour , for a wise man to set him self against the breaking in of a sea ; which to resist , at present , threatens imminent danger ; but to withdraw , gives it space to spend its fury , and gaines a fitter time to repaire the breach ▪ certainly a gallant man had rather sight to great disadvantages for number and place in the sield , in an orderly way , then skuffle with an undisciplined rabble . some suspected and affirmed that i meditated a warre ( when i went from whitehall , only to redeem my person and conscience from violence ) god knowes i did not then thinke of a warre . nor will any prudent man conceive that ● would by so many former , and some after-acts ▪ have so much weakned my self , if i had purposed to engage in a war , which to decline by all means , i denyed my self in so many particulars ▪ t is evident i had then no army to flie unto , fo● protection , or vindication . who can blame me , or any other , for withdrawing our selves from the daily baitings o● the tumults , not knowing whether their fur● and discontent might not fly so high , as to worry and tear those in peices , whom as yet they bu● played with in their pawes ? god , who is m● sole judge , is my witnes in heaven , that i never had any thoughts of going from my hous● at whitehall , if i could have had but any reasonable fair quarter ; i was resolved to bear much and did so , but i did not think my self bound t● prostitute the majesty of my place and person the safety of my wife and children , to those who are prone to insult most , when they hav● objects and opportunity most capable of the● rudenesse and petulancy . but this businesse of the tumults ( whereof some have given already an account to god , others , yet living know themselves desperately guilty ) time and the guilt of many hath so smothered up , and buried , that i think it best to leave it , as it is . onely i beleive the just avenger of al disorders , will in time make those men , and that city , see their sin in the glasse of their punishment . 't is more then an even-lay that they may one day see themselves punished by that way they offended . had this parliament , as it was in its first election and constitution , sate full and free , the members of both houses being left to their freedom of voting , as in all reason , honour , and religion , they should have bin ; i doubt not but things would have bin so carried , as would have given no lesse content to all good men , then they wished or expected . for i was resolved to hear reason in all things , & to consent to it so far as i could comprehend it : but as swine are to gardens , and orderly plantations , so are tumults to parliaments , and plebeian concourses to publick councels , turning all into disorders and sordid confusions . i am prone sometimes to think , that had i called this parliament to any other place in england ( as i might opportunly enough have don ) the sad consequences in all likelyhood , with gods blessing might have been prevented . a parliament would have bin welcom in any place , no place afforded such confluence of various and vitious humours , as that where it was unhappily convened . but we must leave all to god , who orders our disorders , and magnifies his wisdom most , when our follies and miseries are most discovered . but thou o lord art my refuge and defence , to thee j may safely flie , who rulest the raging of the sea , and the madnesse of the people . the flouds , o lord , the flouds are come in upon me , and are readie to overwhelme me . j look upon my sinnes , and the sinnes of my people , ( which are the tumults of our soules against thee o lord ) as the iust cause of these popular inundations which thou permittest to overbeare all the banks of loyaltie , modestie , lawes , justice , and religion . but thou that gatheredst the waters into one place ▪ and madest the dry land to appeare , and after did'● asswage the floud which drowned the world , by th● word of thy power : rebuke those beasts of th● people ▪ and deliver me from the rudeness and striving● of the multitude . restore , we beseech thee unto us , the freedomes o● our councells , and parliaments , make us unpassi●na●ly to see the light of reason , and religion , an● wi●h all order and gravitie to follow it , as it becom● men and christians , so shall we praise thy name who art the god of order and councell . what man cannot , or will not repress , thy ●mnip●tent justice can and will. o lord , give them that are yet living a timely s●●ce and sorrow for their great si●ne , whom thou knowest guiltie of raising or not suppressing those disorders : let shame here , and not suffering hereafter be their punishment . set bounds to our passions by reason , to our errour by truth , to our seditions by lawes duly executed , and to our schisms , by charitie , that we may b● as thy jerusalem , a citie at unitie in it selfe . this grant , o my god , in thy good time for iesus christs sake amen . vpon his maiesties passing the bill for trieniall parliaments , and after , setling this , during the pleasure of the two houses . that the world might be fully confirmed in my purposes at first , to contribute what in justice , reason , honour , and conscience i could , to the happy successe of this parliament ( which had in me no other designe but the generall good of my kingdoms ) i willingly passed the bill for trieniall parliaments ; which , as gentle and seasonabl● physick , might ( if well applyed ) prevent any distempers from getting any head , or prevailing ; especially , if the remedy proved not a desease beyond all remedy . i conceived this parliament would sind work with convenient recesses for the first . yeares ; but i did not imagine that some men would thereby have occasioned more work then they found to do , by undoing so much as they found well don to their hands . such is some mens activity , that they will needs make worke rather then want it ; & chuse to be doing amisse , rather then doe nothing . when that first act seemed too scanty to satisfy some mens fears , and compasse publick affairs ; i was perswaded to grant that bill of sitting during the pleasure of the houses , which amounted , in some mens sense , to as much as the perpetuating of this parliament . by this act of highest confidence , i hoped for ever to shut out , and lock the door upon all present jealousies , and future mistakes . i confesse i did not thereby intend to shut my selfe out of doores , as some men have now requited me. true , it was an act unparallel'd by any of my predecessors ; yet cannot in reason admit of any worse interpretation then this , of an extream confidence i had , that my subjects would not make ill use of an act , by which i declared so much to trust them , as to deny my self in so high a point of my prerogative . for , good subjects will never think it just or fit that my condition should be worse by my bettering theirs ▪ nor indeed would it have been so in the events , if some men had known as well with moderation to use , as with earnestnes to defire advantages of doing good or evill . a continuall parliament ( i thought ) would but keep the commonweal in tune , by preserving laws in their due execution and vigour ; wherein my interest lyes more then any mans , since by those laws , my rights as a king , would be preserved no lesse then my subjects , which is al i desired . more then the law gives me i would not have , and lesse the meanest subject should not . some ( as i have heard ) gave it out , that i soon repented me of setling that act ; & many would needs perswade me , i had cause so to do ; but i could not easily nor sudenly suspect such ingratitude in men of honour . that the more i granted them , the lesse i should have and enjoy with them . i still counted my selfe undiminished by my largest concessions , if by them i might gain and confirme the love of my people . of which , i do not yet despair , but that god will still blesse me with increase of it , when men shall have more leisure , and lesse prejudice ; that so with unpassionate representations they may reflect upon those ( as i think ) not more princely then freindly contributions , which i granted toward the perpetuating of their happines ; who are now only miserable in this , that some mens ambition will not give them leave to enioy what i intended for their good . nor do i doubt , but that in gods due time , the loyall and cleared affections of my people , will strive to returne such retributions of honour and love to mee , or my posterity , as may fully compensate both the acts of my confidence and my sufferings for them ; which ( god knowes ) have been neither few , nor small , nor short ; occasioned chiefly by a perswasion i had , that i could not grant too much , or distrust too little , to men , that being professedly my subjects , pretended singular piety , and religious strictnesse . the injury of all injuries , is , that which some men will needs load me withall ; as if i were a wilfull and resolved occasioner of my owne , and my subjects miseries , while ( as they confidently , but ( god knowes ) falsly divulge ) i repini●g at the establishment of this parliament , endeavoured by force and open hostility , to undoe what by my royall assent i had done . sure it had argued a very short sight of things , and extreme fatuity of minde in me , so farre to binde my owne hands at their request , if i had shortly meant to have used a sword against them . god knowes , though i had then a sense of injuries ; yet not such as to think them worth vindicating by a warre : i was not then compelled , as since , to injure my selfe by their not using favours , with the same candour wherewith they were conferred . the tumults indeed threatned to abuse all acts of grace , and turne them into wantonnesse ; but i thought at length their owne feares , whose black arts first raised up those turbulent spirits , would force them to conjure them down againe . nor if i had justly resented any indignities put upon me , or others ; was i then in any capacity to have taken just revenge in an hostile and warlike way , upon those whom i knew so wel fortified in the love of the meaner sort of the people , that i could not have given my enemies greater and more desired advantages against me , then by so unprincely inconstancy , to have assaulted them with armes , thereby to scatter them , whom but lately i had solemly setled by an act of parliament . god knows , i longed for nothing more then that my selfe , and my subjects might quietly enjoy the fruits of my many condescendings . it had been a course full of sin , as well as of hazard , and dishonour , for me to go about the cutting up of that by the sword , which i had so lately planted , so much ( as i thought ) to my subjects content , and mine owne too , in all probability : if some men had not feared where no feare was , whose security consisted in scaring others . i thank god , i knew so well the sincerity and uprightnesse of my owne heart , in passing that great bill , which exceeded the very thoughts of former times ; that although i may se●m lesse a politition to men , yet i need no secret distinctions or evasions before god nor had i any reservations in my own soul , when i passed it ; nor repentings after , till i saw that my letting some men go up to the pinacle of the temple , was a temptation to them to cast me downe headlong . concluding , that without a miracle , monarchy it self , together with me , could not but be dashed in peices by such a precipitious fall as they intended , whom god in mercy forgive , and make them see at length , that as many kingdomes as the devill shewed our saviour , and the glory of them ) if they could be at once enioyed by them ] are not worth the gaining , by wayes of sinfull ingratitude and dishonour , which hazards a soule worth more worlds , then this hath kingdoms . but god hath hitherto preserved me , & made me to see , that it is no strange thing for men , left to their own passions , either to do much evill themselvs , or abuse the over-much goodness of others , whereof an ungratefull surfet is the most desperate and incurable disease , i cannot say properly that i repent of that act , since i have no reflections upon it as a sin of my will , though an errour of too charitable a iudgment ; only i am sorry other mens eyes should be evill , because mine were good . to thee ( o my god ) do i still appeale , whose aldis●erning justice sees through all the disguises of mens pre●ensions , and deceitfull darknesses , of their hearts . thou gavest me a heart to grant much to my subiects , and now i need a heart fitted to suffer much from some of them . thy will be don , though never so much to the crossing of ours , even when we hope to doe what might be most conformable to thine & theirs too ; who pretended they aimed at nothing else . let thy grace teach me wisely to enioy as w●ll the frustratings , as the fulfillings of my best hopes , and most specious desires : i see while i thought to allay others fears ; i have raised my own ; and by setling them , have unsetled my self . thus have they requited me evill for good , and hatred for my good will towards them . o lord be thou my pilot in this dark & dangerous storme , which neither admits my return to the port whence i set out , nor my making any other , with that safety and honour which i designed . t is easie for thee to keep me safe in the love and confidence of my people ; nor is it hard for thee to preserve me amidst the uniust hatred and iealousies of to many , which thou hast suffered so far to prevail upon me , as to be able to pervert and abuse my acts of greatest indulgence to them , and assurance of them . but no favours from me can make others more guilty then my selfe may be , of misusing those many and great ones , which thou , o lord , hast conferred on me . i beseech thee give me and them such repentance as thou wilt accept , and such graces as we may not abuse . make me so far happy as to make a right use of others abuses , and by their failings of me , to reflect with a reforming displeasure upon my offences against thee . so , although for my sins i am by other mens sins deprived of thy temporall blessings , yet i may be happy to enioy the comfort of thy mercies , which often raise ●he greatest sufferers to be the most glorious saints . vpon his maiesties retirement from vvestminster , with what unwillingnesse i withdrew from westminster , let them judge , who , unprovided of tackling and victuall , are forced to sea by a storme ; yet better do so , then venture splitting or sinking on a lee-shore . i stayed at white-hall , till i was driven away by shame , more then fear , to see the barbarous rudenesse of those tumults , who resolved they would take the boldnesse to demand any thing , and not leave either my self , or the members of parliament , the liberty of our reason , and conscience to deny them any thing . nor was this intollerable oppression my case alone , ( though cheifly mine ) for the lords and commons might be content to be over-voted by the major part of their houses , when they had used each their owne freedome . whose agreeing votes were not by any law or reason conclusive to my judgement ; nor can they include , or carry with them , my consent , whom they represent not in any kinde ; nor am i further bound to agree with the votes of both houses , then i see them agree with the will of god , with my just rights , as a king , and the generall good of my people . i see that as many men ; they are seldome of one minde , and i may oft see , that the major part of them are not in the right . i had formerly declared to sober and moderate mindes , how desirous i was to give all just content , when i agreed to so many bills , which had been enough to secure and satisfie all : if some mens hydropick insatiablenesse had not learned to thirst the more by how much more they drank ; whom no fountaine of royall bounty was able to overcome : so resolved they seemed , either utterly to exhaust it , or barbarously to obstruct it . sure , it ceases to be councell : when not reason is used , as to men to perswade ; but force and terrour as to beasts , to drive and compell men to assent to what ever tumultuary patrons shall project . hee deserves to be a slave without pitty , or redemption , that is content to have the rationall soveraignty of his soule , and liberty of his will , and words so captivated . nor do i think my kingdoms so considerable as to preserve them with the forfeiture of that freedom , which cannot be denyed me as a king ; because it belongs , to me as a man , and a christian , owning the dictates of none , but god to be above me , as obliging me to consent . better for me to die , enjoying this empire of my soul , which subjects me only to god , so farre as by reason or religion he directs me , then live with the title of a king , if it should carry such a vassallage with it , as not to suffer me to use my reason and conscience , in which i declare as a king , to like or dislike . so far am i from thinking the majesty of the crown of england to be bound by any coronation oath , in a blind and bruitish formality , to consent to what ever its subjects in parliament shall require ; as some men will needs infer ; while denying me any power of a negative voice as king , they are not ashamed to seek to deprive me of the liberty of using my reason with a good conscience ; which themselves , and all the commons of england enjoy proportionable to their influence on the publique ; who would take it very ill to be urged , not to deny , what ever my selfe , as king , or the house of peers with mee should , not so much desire , as enjoyne them to passe . i think my oath fully discharged in that point , by my governing only by such lawes , as my people with the house of peers have chosen , and my selfe have consented to . i shall never think my selfe conscientiously tied to go as oft against my conscience , as i should consent to such new proposalls , which my reason , in justice , honour , and religion bids me deny . yet so tender i see some men are of their being subject to arbitrary government , ( that is , the law of anothers will , to which themselves give no consent ) that they care not wi h how much dishonour and absurdity they make their king the only man , that must be subject to the will of others , without having power left him , to use his own reason , either in person , or by any representation . and if my dissentings at any time were ( as some have suspected , and uncharitably avowed ) out of error , opiniativenesse , weaknesse , or wilfullnesse , and what they call obstinacy in me ( which not true judgement of things , but some vehement prejudice or passion hath fixed on my mind ) yet can no man think it other then the badge and method of slavery , by savage rudenesse , and importunate obtrusions of violence , to have the mist of his errour and passion dispelled , which is a shadow of reason , and must serve those that are destitute of the substance ▪ sure that man cannot be blameable to god or man , who seriously endeavours to see the best reason of things , and faithfully followes what hee takes for reason : the uprightnesse of his intentions will excuse the possible failings of his understanding ; if a pilot at sea cannot see the pole-star , it can be no fault in him to steere his course by such sta● as do best appear to him . it argues rather thos● men to be conscious of their defects of reason and convincing arguments , who call in the assistance of meere force to carry on the weaknesse of their councells , and proposalls . i may , in the truth and vprightnesse of my heart , protest before god and men , that i never wilfully opposed , or denyed any thing , that was in a fai● way , after full and free debates propounded to me by the two houses , further then i thought in good reason i might , and was bound to do ▪ nor did any thing ever please me more , the● when my judgement so concurred with theirs ▪ that i might with good conscience consent to them : yea , in many things where not absolut● and morall necessity of reason but temporary convenience in point of honour was to be considered ; i chose rather to deny my selfe , the● them ; as preferring that which they thought necessary for my peoples good , before what i saw but convenient for my self . for i can be content to recede much from my owne interests , and personall rights , of whic● i conceive my self to be master ; but in wha● concernes truth , justice , the right of th● church , and my crowne , together with the generall good of my kingdomes : ( all which i am bound to preserve as much as morally lies in me , ) here i am , and ever shall be fixt and resolute , nor shall any man gain my consent to that , wherein my heart gives my tongue or hand the lie ; nor will i be brought to affirme that to men , which in my conscience i deny before god. i will rather chuse to wear a crown of thorns with my saviour , then to exchange that of gold ( which is due to me ) for one of lead , whose embassed flexiblenesse shall be forced to bend , and comply to the various , and oft contrary dictates of any factions ; when instead of reason , and publick concernments , they obtrude nothing but what makes for the interest of parties , and flowes from the partialities of private wills , and passions . i know no resolutions more worthy a christian king , then to prefer his conscience before his kingdomes . o my god , preserve thy servant in this native , rationall and religious freedom ; for this i believe is thy will , that we should maintain : who , though thou dost iustly require us , to submit our understandings & wills to thine ; whose wisdome and goodnes can neither erre , nor misguide us ; and so farre to deny our carnall reason , in order to thy sacred mysteries , and commands , that we should believe and obey , rather then dispute them ; yet dost thou expect from us , only such a reasonable service of thee , as not to do any thing for thee , against our consciences , & as to the desires of men , enioynest us to try all things by the touch-stone of reason & laws , which are the rules of civill justice ; and to declare our consent to that only which our judgment approve . thou knowest , o lord , how unwilling i was to desert that place , in which thou hast set me , and whereto the affairs of my kingdoms at present did call me . my people can witness how far i have bin content for their good , to deny my selfe , in what thou hast subjected to my disposall . o let not the unthankfull importunities , & tumultuary violence of some mens immoderate demands , ever betray me to that degenerous & unmanly slavery , which should make me strengthen them by my consent in those things , which i think in my conscience to be against thy glory the good of my subiects , and the discharge of my owne duty to reason and justice . make me willíng to suffer the greatest indignities , & iniuries they presse upon me , rather then commit the least sinne against my conscience . let the just liberties of my people be ( as well they may ) preserved in fair , and equall wayes , without the slavery of my soul. thou that hast invested me by thy favours , in the power of a christian king , suffer me not to subiect my reason to other mens passions , and designs , which to me seem unreasonable , unìust , and irreligious : so shall i serve thee in the truth and uprightnesle of my heart , thovgh i cannot satisfie these men . though i be driven from among them , yet give me grace to walk alwayes uprightly before thee . lead me in the way of truth and iustice ; for these , i know , will bring me at last to peace and happinesse with thee ; though for these i have much trouble among men . this i beg of thee for my saviours sake . vpon the queenes departure , and absence out of england , although i have much cause to be troubled at my wifes departure from me , and out of my dominions ; yet not her absence , so much , as the scandall of that necessity , which drives her away , doth afflict me. that she should be compelled by my own subjects , and those pretending to be protestants , to withdraw for her safety : this being the first example of any protestant subjects , that have taken up arms against their king , a protestant : for i look upon this now done in england , as another act of the same tragedie which was lately begun in sootland ; the brands of that fire being ill quenched , have kindled the like flames here . i fear such motions ( so little to the adorning of the protestant profession , may occasion a farther alienation of mind , & divorce of affections in her from that religion , which is the only thing wherin we differ . which yet god can , & i pray he would in time take away , & not suffer these practises to be any obstruction to her judgement ; since it is the motion of those men ( for the most part ) who are yet to seek and settle their religion for doctrine , government , and good manners , and so not to be imputed to the true english protestants ; who continue firme to their former setled principles and lawes . i am sorry my relation to so deserving a lady , should be any occasion of her danger and affliction ; whose merits would have served her for a protection among the savage indians ; while their rudenesse and barbarity knows not so perfectly to hate all virtues , as some mens subtilty doth ; among whom i yet think few are so malicious as to hate her for her self . the fault is , that she is my wife . all justice then as well as affection commands me , to study her security , who is only in danger for my sake : i am content to be tossed , weather-beaten , & shipwrackt , so as she may be in safe ▪ harbour . this comfort i shall enjoy by her safety in the midst of my personal dangers , that i can perish but halfe , if she be preserved : in whose memory , and hopefull posterity , i may yet survive the malice of my enemies , although they should be satiated with my bloud . i must leave her , and them to the love & loyalty of my good subjects ; & to his protection , who is able to punish the faults of princes , and no lesse severely to reveng the injuries done to them , by those , who , in all duty and allegiance , ought to have made good that safety , which the lawes chiefly provide for princes . but common civility is in vaine expected from those , that dispute their loyalty : nor can it be safe for any relation to a king , to tarry among them who are shaking hands with their allegiance , under pretence of laying faster hold on their religion . 't is pitty so noble and peacefull a soule should see , much more suffer , the rudenesse of those who must make up their want of justice , with inhumanity , and impudence . her sympathy with me in my afflictions , will make her vertues shine with greater lustre , as stars in the darke st nights ; & assure the envious world , that she loves me , not my fortunes . neither of us but can easily forgive , since we do not much blame the unkindnesse of the generality , and vulgar ; for we see god is pleased to try both our patience , by the most self-punishing sin , the ingratitude of those , who having eaten of our bread , and being enriched with our bounty , have scornfully lift up themselves against vs ; and those of our owne houshold are become our enemies . i pray god lay not their sin to their charge ; who think to satisfie all obligations to duty , by their corban of religion ; and can lesse endure to see , then to sin against their benefactours , as well as their soveraignes . but even that policy of my enemies is so far veniall , as it was necessary to their designes , by scandalous articles , and all irreverent demeanour , to seek to drive her out of my kingdomes ; lest , by the influence of her example , eminent for love as a wife , and loyalty as a subject , shee should have converted to , or retained in , their love , and loyalty all those whom they had a purpose to pervert . the lesse i may be blest with her company , the more i wil retire to god , and my owne heart , whence no malice can banish her. my enemies may envy , but they can never deprive me of the enjoyment of her virtues , while i enjoy my self . thou , o lord , whose iustice at present sees fit to scatter us , let thy mercy in thy due time , re ▪ unite us , on earth , if it be thy will ; however bring us both at last , to thy heavenly kingdome . preserve us from the hands of our despitefull and deadly enemies ; and prepare us by our sufferings for thy presence . though we differ in some things , as to religion , ( which is my greatest temporall infelicity ) yet lord give , and accept the sincerity of our affections , which desire to seek , to find , to embrace every truth of thine . let both our hearts agree in the love of thy selfe , and christ crucified for us . teach us both what thou wouldst have us to know , in order to thy glory , our publique relations , and our soules eternall good , and make us carefull to doe what good we know . let neither ignorance of what is necessary to be known , nor unbelief , or disobedience to what we know , be our misery or our wilfull default . let not this great scandall of those my subiects , which professe the same religion with me , be any hindrance to her love of any truth thou wouldst have her to learne , nor any hardning of her in any errour , thou wouldst have cleared to her . let mine , and other mens constancy be an antidote against the poyson of their example . let the truth of that religion i professe , be represented to her iudgement , with all the beauties of humility , loyalty , charity , and peaceablenesse ; which are the proper fruits , & ornaments of it : not in the odious disguises of levity , schisme , heresie , novelty , cruelty , and disloyalty , which some mens practises have lately put upon it . let her see thy sacred and saving truths , as thine ; that she may believe , love and obey them as thine , cleared from all rust and drosse of humane mixtures . that in the glasse of thy truth shee may see thee , in those mercies which thou hast offered to us , in thy son iesus christ , our only saviour , & serve thee in all th●se holy duties , which most agree with his holy doctrine , and most imitable example . the experience we have of the vanity and uncertainty of all humane glory and greatnesse in our scattering and eclypses , let it make us both so much the more ambitious to be invested in those durable honours , and perfections , which are only to be found in thy selfe , and obtained through jesus christ . . vpon his maiesties repulse at hull , and the fates of the hothams . my repulse at hull seemed at the first view an act of so rude disloyalty , that my greatest enemies had scarce confidence enough to abett , or owne it : it was the first overt essay to be made , how patiently i could beare the losse of my kingdomes . god knowes , it affected me more with shame and sorrow for others , then with anger for my ●elfe ; nor did the affront done to me trouble me so much as their sinne , which admitted no colour or excuse . i was resolved how to beare this , and much more , with patience : but i foresaw they could hardly conteine themselves within the compasse of this one unworthy act , who had effrontery enough to commit , or countenance it : this was but the hand of that cloud , which was soone after to overspread the whole kingdom , and cast all into disorder and darknesse . for 't is among the wicked maximes of bold and disloyall undertakers , that bad actions must alwaies be seconded with worse , and rather not be begun then not carried on ; for they think the retreat more dangerous then the assault , & hate repentance more then perseverance in a fault . this gave me to see clearly through all the pious disguises , and soft palliations of some men ; whose words were somtime smoother then oyl , but now i saw they would prove very swords . against which i having ( as yet ) no defence , but that of a good conscience , thought it my best pollicy [ with patience ] to bear what i could not remedy : and in this ( i thank god ) i had the better of hotham , that no disdain , or emotion of passion transported me , by the indignitie of his carriage , to do or say any thing , unbeseeming my selfe , or unsutable to that temper , which , in greatest injuries , i think , best becoms a christian , as coming nearest to the great example of christ . and , indeed , i desire alwayes more to remember i am a christian , than a king ; for , what the majesty of one might justly abhor , the charity of the other is wiling to bear ; what the height of a king tempteth to revenge , the humility of a christian teacheth to forgive . keeping in compasse all those impotent passions , whose excesse injures a man , more then his greatest enemies can ; for these give their malice a full impression on our soules , which otherwaies cannot reach very farre , nor do us much hurt . i cannot but observe how god not long after , so pleaded , and avenged my cause , in the eye of the world , that the most wilfully blind cannot avoid the displeasure to see it , and with some remorse and fear to own it as a notable stroke , and prediction of divine vengeance . for , sir iohn hotham unreproached , unthreatned , uncursed by any language or secret imprecation of mine , only blasted with the conscience of his own wickednesse , and falling from one inconstancy to another , not long after paies his owne and his eldest sons heads , as forfeitures of their disloyalty , to those men from whom surely he might have expected another reward then thus to divide their heads from their bodies , whose hearts with them were divided from their king . nor is it strange that they who imployed them at first in so high a service , and so successefull to them , should not find mercy enough to forgive him , who had so much premerited of them for , apostacy unto loyalty some men account the most unpardonable sinne . nor did a solitary vengeance serve the turne , the cutting off one head in a family is not enough to expiate the affront don to the head of the commonweal . the eldest son must be involved in the punishment , as he was infected with the sinne of the father , against the father of his country : root & branch god cuts off in one day . these observations are obvious to every fancy : god knows , i was so far from rejoycing in the hotham's ruine , ( though it were such as were able to give the greatest thirst for revenge a ful draught , being executed by them , who first imployed him against me ) that i so far pitied him , as i thought he at first acted more against the light of his conscience , then i hope many other men do in the same cause . for , he was never thought to be of that superstitious sowrnesse , which some men pretend to , in matters of religion ; which so darkens their judgment that they cannot see any thing of sin and rebellion in those means they use , with intents to refrom to their models , what they call religion ; who think all is gold of piety , which doth but glister with a shew of zeale & fervency . sir john hotham was ( i think ) a man of another temper , and so most liable to those downright temptations of ambition , which have no cloak or cheat of religion to impose upon themselves or others . that which makes me more pity him is , that after he begun to have some inclinations towards a repentance for his sinne , and reparations of his duty to me , he should be so unhappy as to fall into the hands of their justice , and not my mercy , who could as willingly have forgiven him , as he could have asked that favour of me. for i think clemency a debt , which wee ought to pay to those that crave it , when wee have cause to beleive they would not after abuse it , since god himself suffers us not to pay any thing for his mercy but only prayers and praises . poor gentleman , he is now become a noteable monument of unprosperous disloyalty , teaching the world by so sad and unfortunate a spectacle , that the rude carriage of a subject towards his soveraigne carries alwayes its own vengeance , as an unseparable shadow with it , and those oft prove the most fatall , and implacable executioners of it , who were the first imployers in the service . after-times will dispute it , whether hotham were more infamous at hull , or at tower-hill , though 't is certain that no punishment so stains a mans honour , as wilfull perpetrations of unworthy actions , which besides the conscience of the sin , brands with most indelible characters of infamy , the name & memory to posterity , who not engaged in the factions of the times , have the most impartiall reflections on the actions . but thou , o lord who hast in so remarkable a way avenged thy servant , suffer me not to take any secret pleasure in it , for as his death hath satisfyed the iniury he did to me , so let me not by it gratifie any passion in me , lest i make thy vengeance to be mine , & consider the affront against me , more then the sinne against thee . thou indeed , without any desire or endeavour of mine , hast made his mischief to return on his own head , and his violent dealing to come down on his own pate . thou hast pleaded my cause , even before the sons of men , and taken the matter into thine own hands ; that men may know it was thy work , and see that thou , lord , hast done it . i do not , i dare not say , so let mine enemies perish o lord ! yea lord , rather give them repentance , pardon , and impunity , if it be thy blessed will. let not thy iustice prevent the obiects and opportunities of my mercy : yea , let them live and amend who have most offended me in so high a nature : that i may have those to forgive , who beare most proportion in their offences to those trespasses against thy maiesty , which i hope thy mercy hath forgiven me . lord lay not their sins ( who yet live ) to their charge for condemnation , but to their consciences for amendment : let the lightning of this thunderbolt , which hath been so severe a punishment to one , be a torrour to all . discover to them their sinne , who know not they have done amisse : and scare them from their sinne , that sin of malicious wickednesse . that , preventing thy iudgements by their true repentance , they may escape the strokes of thine eternall vengeance . and do thou , o lord , establish the throne of thy servant in mercy , and truth meeting together : let my crown ever flourish in righteousnesse and peace , kissing each other . heare my prayer , o lord , who hast taught us to pray for , to do good to , and to love our enemies , for thy sake : who hast prevented us with offertures of thy love , even when we were thine enemies , and hast sent thy son iesus christ to die for us , when we were disposed to crucifie him . . vpon the listing , and raising armies against the king. i finde that i am at the same point and posture i was when they forced me to leave white-hall : what tumults could not doe , an army must ; which is but tumults listed , and enrolled too a better order , but as bad an end : my recesse hath given them confidence that i may be conquered . and so i easily may as to any outward strength ▪ which , god knowes , is little or none at all : but i have a soule invincible through gods grace enabling me ; here i am sure to be conqueror , if god will give me such a measure of constancy , as to feare him more then man : and to love the inward peace of my conscience , before any outward tranquility . and must i be opposed with force ; because they have not reason wherewith to convince me ? o my soule ! be of good courage , they confesse their knowne weaknesse , as to truth and justice , who choose rather to contend by armies then by arguments . is this the reward and thanks that i am to receive for those many acts of grace i have lately passed , and for those many indignities i have endured ? is there no way left to make me a glorious king but by my sufferings ? it is a hard and disputable choice for a king , that loves his people , and desires their love , either to kill his own subjects , or to be killed by them . are the hazards and miseries of civill war in the bowels of my most flourishing kingdome , the fruits i must now reap , after . years living and reigning among them , with such a measure of justice , peace , plenty , and religion , as all nations about either admired , or envied ? notwithstanding some miscarriages in government , which might escape ; rather through ill counsell of some men driving on their private ends , or the peevishnes of others envying the publike should be managed without them , or the hidden and insuperable necessities of state , then any propensity , i hope , of my selfe either to injuriousnes or oppression . whose innocent bloud during my reign have i shed , to satisfie my lust , anger , or covetousnes ? what widdowes or orphans tears can witnesse against me , the just cry of which must now be avenged with my own bloud ? for the hazards of war are equall , nor doth the cannon know any respect of persons . in vaine is my person excepted by a parenthesis of words , when so many hands are armed against me with swords . god knowes how much i have studied to se● what ground of justice is alledged for this wa against me ; that so i might ( by giving just satisfaction ) either prevent , or soone end so unnaturall a motion ; which ( to many men ) seem● rather the productions of a surfeit of peace , an● wantonnesse of minds , or of private discontents ambition and faction ( which easily find , o make causes of quarrell ) then any reall obstructions of publick justice , or parliamentary priviledge . but this is pretended , and this i must be ab● to avoid and answer before god in my ow● conscience ; however some men are not wi●ling to believe me , lest they should condem● themselves . vvhen i first with drew from white-hall , ● see if i could allay the insolency of the tumul● of the not suppressing of which no account i reason can be given , ( where an orderly gua● was granted , but only to oppresse both mine a● the two houses freedome of declaring and voting according to every mans conscience ) wh● obstructions of justice were there further the this that what seemed just to one man , might n● seeme so to another ? vvhom did i by pow● protect against the justice of parliament ? that some men withdrew , who feared t● partiality of their tryal , ( warned by my lo● of straffords death ) while the vulgar threatned to be their oppressors , and judgers of their judges , was from that instinct , which is in all creatures to preserve themselves . if any others refused to appear , where they evidently saw the cur : rent of iustice & freedom so stopped and troubled by the rabble , that their lawfull judges either durst not come to the houses , or not declare their sense with liberty & safety , it cannot seem strange to any reasonable man ; when the sole exposing them to publick odium was enough to ruine them , before the cause could be heard or tryed . had not factious tumults overborn the freedom and honour of the two houses ; had they asserted their iustice against them , & made the way open for all the members quietly to come and declare their consciences ; i know no man so dear to me , whom i had the least inclination to advise either to withdraw himselfe , or deny appearing upon their summons , to whose sentence according to law , i think every subject bound to stand . distempers ( indeed ) were risen to so great a height , for want of timely repressing the vulgar insolencies ; that the greatest guilt of those which were voted & demanded as delinquents was this , that they would not suffer themselves o be over-aw'd with the tumults , and their pa●ons ; nor compelled to abet by their suffrages , ●r presence ; the designs of those men who agiated innovations , and ruine both in church & ●●ate . in this point i could not but approve their generous constancy and catiousnesse ; further then this i did never allow any mans refractorinesse against the priviledges and orders of the houses ; to whom i wished nothing more , then safety , fulnesse , and freedom . but , the truth is , some men , and those not many , despairing in fair and parliamentary ways , by free deliberations and votes , to gain the concurrence of the major part of lords and common● betook themselves ( by the desperate activity o factious tumults ) to sift and terrifie away a● those members whom they saw to be of contrary minds to their purposes . how oft was the businesse of the bishops enjoying their ancient places , and undoubted priviledges in the house of peers , carried for the● by far the major part of lords . yet after fi● repulses , contrary to all order and custome , ● was by tumultuary instigations obtruded again and by a few carried , when most of the pee● were forced to absent themselvs . in like manner , was the bill against root a● branch brought on by tumultuary clamours , ● schismaticall terrours ; which could never pas● till both houses were sufficiently thinned a● over-awed . to which partiality , while in all re●son , justice , and religion , my conscience forb● me by consenting to make up their votes ● acts of parliament , i must now be urged wi● an army , and constrained either to hazard m owne , and my kingdoms ruins , by my defence ; or prostrate my conscience to the blind obedience of those men , whose zealous superstition thinks , or pretends , they cannot do god and the church a greater service , than utterly to destroy that primitive , apostolicall , and anciently universall government of the church by bishops . which if other mens iudgements bind them to maintaine , or forbids them to consent to the abolishing of it , mine much more , who , besides the grounds i have in my iudgement , have also a most strikt and indispensable oath upon my conscience , to preserve that order , and the rights of the church ; to which , ( most sacrilegious and abhorred perjury , ) most un-beseeming a christian king , should i ever by giving my consent , be betrayed , i should account it infinitely greater misety , then any hath , or can befall me ; in as much , as the least sinne hath more evill in it , then the greatest affliction . had i gratified their anti-episcopall faction at first in this point , with my consent ; and sacrificed the ecclesiasticall government , and revenues , to the fury of their covetousnesse , ambition , and revenge , i believe they would then have found no colourable necessity of raising an army to fetch in , and punish delinquents . that i consented to the bill of putting the bishops out of the house of peers , was done with a firme perswasion of their contentedn● to suffer a present diminution in their rights and honour for my sake , and the common weals ; which i was confident they would readily yeeld unto rather then occasion ( by the lea● obstruction on their part ) any dangers to me , o to my kingdome . that i cannot adde my consent for the totall extirpation of that government ( which i have often offered to all fit regulations ) hath so much further tie upon my conscience , as what i think religious and apostolicall ; and so very sacred and divine , as no to be dispensed with , or destroyed ; when what ● only of civill favor , and priviledge of hono● granted to men of that order , may with the● consent , who are concerned in it , be annu● led . this is the true state of those obstruction pretended to be in point of justice and authority of parliament ; when , i call god to witne● i knew none of such consequence as was wort speaking of a vvarre , being only such as j●stice , reason , and religion had made in my ow and ther mens consciences . afterwards indeed a great shew of delinquents was made ; which were but conseque●ces necessarily following upon mine , or other withdrawing from , or defence against vi●lence : but those could not be the first occasion of raising an army against me. vvherein was so far from preventing them , ( as the have declared often , that they might seeme to have the advantage and justice of the defensive part , and load me with all the envy & injuries of first assaulting them ) that god knows , i had not so much as any hopes of an army in my thoughts . had the tumults been honourably and effectually repressed by exemplary iustice , and the liberty of the houses so vindicated , that all members of either house might with honour and freedome , becoming such a senate , have come and discharged their consciences , i had obtained all that i designed by my withdrawing , and had much more willingly , and speedily returned then i retired ; this being my necessity driving , the other my choise desiring . but some men knew , i was like to bring the same judgement and constancy , which i carry with me , which would never fit their designes ▪ and so while they invited me to come , and greivously complain'd of my absence , yet they could not but be pleased with it : especially when they had found out that plasible and popular pretext of raising an army to fetch in delinquents : when all that while they never punished the greatest and most intolerable delinquency of the tumults , and their exciters , which drave my selfe , and so many of both houses from their places , by most barbarous indignities , which yet in all reason and honour , they were as loath to have deserted as those others were willing they should , that so they might have occasion to persecute them with the injuries of an army , for not suffering more tamely the injuries of the tumults . that this is the true state , and first drift and designe in raising an army against me , is by the sequell so evident , that all other pretences vanish . for when they declared by propositions , or treaties , what they would have to appease them ; there was nothing of consequence offered to me , or demanded of me , as any originall difference in any point of law , or order of justice . but among other lesser innovations , this chiefly was urged , the abolition of episcopall , and the establishment of presbyterian government . all other things at any time propounded were either impertinent as to any ground of a war , or easily granted by me , and only to make up a number , or else they were meerly consequentiall , and accessary , after the warre was by them unjustly began . i cannot hinder other mens thoughts , whom the noise and shew of piety , and heat for reformation and religion , might easily so fill with prejudice , that all equality and clearnesse of judgement might be obstructed . but this was , and is , as to my best observation , the true state of affaires betweene us , when they first raised an army , with this designe , either to stop my mouth , or to force my consent : and in this truth , as to my conscience , ( who was ( god knowes ) as far from meditating a vvar , as i was in the eye of the world from having any preparation for one ) i find that comfort , that in the midst of all the unfortunate successes of this vvar , on my side , i do not think my innocencie any whit prejudiced or darkned ; nor am i without that integrity , and peace before god , as with humble confidence to addresse my prayer to him. for thou , o lord , seest clearly through all the cloudings of humane affaires ; thou judgest without preiudice : thy omniscience eternally guids thy unerrable iudgement . o my god , the proud are risen against me , and the assemblies of violent men have sought after my soule , and have not set thee before their eyes . consider my enemies , o lord , for they are many , & they hate me with deadly hatred , without a cause . for thou knowest , i had no passion , designe or preparation to embroyle my kingdoms in a civill war ; whereto i had least temptation ; as knowing i must adventure more then any , and could gaine least of any by it . thou o lord , art my witnesse how oft i have deplored , and studied to divert the necessity thereof , wherein i cannot well be thought so prodigally thirsty of my subiects blood , as to venture my own life , which i have bin oft compelled to do● in this unhappy warre ; and which were better spent to save then to destroy my people . o lord ; i need much of thy grace , with patience to bear the many afflictions thou hast suffered some men to bring upon me ; but much more to bear the uniust reproaches of those , who not content that i suffer most by warre , will needs perswade the world that i have raised first , or given just cause to raise it . the confidence of some mens false tougues is such , that they would make me almost suspect my own innocency yea , i could be content ( at least by my silence ) to take upon me so great a guilt before men , if by that i might allay the malice of my enemies , & redeeme my people from this miserable warre ; since thou o lord knowest my innocency in this thing . thou wilt find out bloudy & deceitfull men ; many of whom have not lived out half their dayes , in which they promised themselvs the enioyment of the fruits of their violent and wicked councells . save , o lord thy servant , as hitherto thou hast ; and in thy due time scatter the people that delight in war. arise o lord , lift up thy selfe , because of the rage of mine enemyes , which encreaseth more and more : behold them that have conceived mischief , travelled with iniquity , and brought forth falshood . thou knowest the chief designe of this warre is , either to destroy my person , or force my iudgement , and to make me renege my conscience and thy truth . i am driven to crosse davids choice ; and desire rather to fall into the hands of men , by denying them , ( though their mercy be cruell ) then into thy hands by sinning against my conscience , and in that against thee , who art a consuming fire ; better they destroy me , then thou shouldest damne me. be thou ever the defence of my soule , who wilt save the upright in heart . if nothing but my bloud will satisfie my enemies , or quench the flames of my kingdomes , or thy temporall iustice , i am content , if it be thy will , that it be shed by mine owne subiects hands . but o let the bloud of me , though their king , yet a sinner , be dashed with the bloud of my innocent and peace-making redeemer , for in that thy iustice , will find not only a temporary expiation , but an eternall plenary satisfaction ; both for my sins , and the sins of my people ; whom i beseech thee still owne for thine ; and when thy wrath is appeased by my death , o remember thy great mercies toward them , and forgive them , o my father , for they know not what they doe . ▪ vpon their seizing the kings magazines , forts , navy , and militia . how untruly i am charged with the first raising of an army , and beginning this civill warre , the eyes that only pitty me , and the loyall hearts that durst only pray for me , at first , might witnesse , which yet appeare not so many on my side , as there were men in arms listed against me ; my unpreparednesse for a war ma● well dis-hearten those that would help me ; while it argues ( truly ) my unwillingnesse to fight , yet it testifies for me , that i am set on the defensive part ; having so little hopes or power to offend others , that i have none to defend my selfe , or to preserve what is mine own from their prereption . no man can doubt but they prevented me , in their purposes , as well as their injuries , who are so much before-hand in their preparations against me , and surprizalls of my strength . such as are not for them , yet dare not be for me ; so overaw'd is their loyalty by the others numbers and terrours . i beleive my innocency , and unpreparednesse to assert my rights and honour , makes me the more guilty in their esteem ; who would not so easily have declared a war against me , if i had first assaulted them . they knew my chiefest arms left me , were those only , which the ancient christians were wont to use against their persecutors , prayers and tears . these may serve a good mans turn , if not to conquer as a souldier , yet to suffer as a martyr . their preventing of me , and surprizing my castles , forts , armes , and navy , with the militia , is so far best for me , that it may drive me from putting any trust in the arme of flesh , and wholy to cast my self into the protection of the living god , who can save by few , or none , as well as by many . he that made the greedy ravens to be elyas caterers , and bring him foode , may also make their surprizall of outward force and defence , an opportunity to shew me the speciall support of his power and protection . i thank god i reckon not now the want of the militia so much in reference to my owne protection as my peoples ▪ their many and sore oppressions greive me , i am above my owne ; what i want in the hands of force and power , i have in the wings of faith and prayer . but this is the strange method these men will needs take to resolve their riddle of making me a glorious king , by taking away my kingly power : thus i shall become a support to my freinds , and a terrour to my enemies , by being unable to succour the one , or suppress the other . for thus have they designed , & proposed to me the new-modelling of soveraignty and kingship ; as without any reality of power , so without any necessity of subjection and obedience ; that the majesty of the kings of england might hereafter hang like mahomets tomb , by a magnetique charm , between the power and priviledges of the two houses in an aiery imagination of regality . but , i believe , the surfet of too much power , which some men have greedily seiz'd on , & now seek wholly to devour , wil ere long make the common-wealth sick both of it and them , since they cannot well digest it ; soveraigne power in subjects seldome agreeing with the stomacks of fellow subjects . yet i have even in this point of the constant militia sought , by satisfying their feares , and importunities , both to secure my freinds , & overcom mine enemies , to gain the peace of al , by depriving my self of a sole power to helpe , or hurt any : yeilding the militia ( which is my undoubted right no lesse than the crowne ) to be disposed of ; as the two houses shall thinke fit , during my time . so willing am i to bury all jealousies of me , in them , & to live above all jealousies of them , as to my self ; i desire not to be safer than i wish them & my people , if i had the sole actuall disposing of the militia , i could not protect my people , further than they protected me , & themselvs : so that the use of the militia is mutuall . i would but defend my self so far , as to be able to defend my good subjects from those mens violence and fraud , who conscious to their own evill merits and designes , will needs perswade the world , that none but wolves are fit to be trusted with the custody of the shepheard and his flock . miserable experience hath taught my subjects , since power hath beene wrested from me , and imployed against me and them , that neither can be safe , if both be not in such a way as the law hath entrusted the publique safety and welfare . yet even this consession of mine as to the exercise of the militia , so vast and large , is not satisfactory to some men ; which seeme to be enemies not to me onely , but to all monarchy ; and are resolved to transmit to posterity such jealousies of the crowne , as they should never permit it to enjoy its just and necessary rights , in point of power ; to which ( at last ) all law is resolved , while thereby it is best protected . but here honour and justice , due to my successors , forbid me to yeild to such a totall alienation of that power from them , which civility and duty ( no lesse then justice and honour ) should have forbad them to have asked of me. for , although i can be content to eclypse my owne beames , to satisfie their feares , who think they must needs be scorched or blinded , if i should shine in the full lusture of kingly power , wherewith god and the lawes have invested me ; yet i will never consent to put out the sun of soveraignty to all posterity , and succeeding kings ; whose just recovery of their rights , from unjust usurpations and extortions , shall never be prejudiced or obstructed by any act of mine ; which indeed would not be more injurious to succeeding kings , than to my subjects ; whom i desire to leave in a condition not wholly desperate for the future ; so as by a law to be ever subjected to those many factious distractions , which must needs follow the many-headed hydra of government : which , as it makes a shew to the people to have more eyes to foresee , so they wil find it hath more mouths too , which must be satisfied : and ( at best ) it hath rather a monstrosity , than any thing of perfection , beyond that of right monarchy ; where counsell may be in many as the senses , but the supreame power can be but in one as the head. happily , when men have tried the horrours and malignant influence which will certainly follow my enforced darknesse and eclypse , ( occasioned by the interposition and shaddow of that body , which as the moon receiveth its chiefest light from me ) they will at length more esteem and welcome the restored glory and blessing of the suns light . and , if at present i may seem by my receding so much from the use of my right in the power of the militia , to come short of the discharge of that trust , to which i am sworne for my peoples protection . i conceive those men are guilty of the enforced perjury , ( if so it may seem ) who compell me to take this new and strange way of discharging my trust , by seeming to desert it ; of protecting my subjects , by exposing my selfe to danger or dishonour , for their safety and quiet . vvhich , in the conflicts of civill vvar and advantages of power , cannot be effected but by some side yeilding ; to which the greatest love of the publique peace , and the firmest assurance of gods protection ( arising from a good conscience ) doth more invite me , than can be expected from other mens fears ; which arising from the injustice of their actions ( though never so successefull ) yet dare not adventure their authors upon any other way of safety then that of the sword and militia ; which yet are but weak defences against the stroaks of divine vengeance , which will overtake ; or of mens owne consciences , which alwayes attend injurious perpetrasions . for my selfe , i do not think that i can want any thing which providentiall necessity is pleased to take from me , in order to my peoples tranquillity and gods glory , whose protection is sufficient for me ; and he is able , by his being with me , abundantly to compensate to me , as he did to iob , what ever honour , power , or liberty the caldeans , the sabeans , or the devill himselfe can deprive me of . although they take from me all defence of armes and militia ; all refuge by land , of forts , and castles ; all flight by sea in my ships , and navie ; yea , though they study to rob me of the hearts of my subjects , the greatest treasure & best ammunition of a king , yet cannot they deprive me of my own innocency , or gods mercy nor obstruct my way to heaven - therefore , o my god , to thee i flye for help , if th● wilt be on my side , j shall have more with we the can be against me . there is none in heaven , or in earth , that i d●sire in comparison of thee ; in the loss of all , ● thou more then all to me : make hast to succour 〈◊〉 thou that never failest them , that put their trust ● thee . thou seest i have no power to oppose them th● come against me , who are encouraged to fight und● the pretence of fighting for me : but my eyes a● toward thee . thou needest no help , nor shall i , if i may ha● thine ; if not to conquer , yet at least to suffer . if thou delightest not in my safety , & prosperi● behold here am i , willing to be reduced to what th● wilt have me ; whose judgements oft begin with 〈◊〉 own children . i am content to be nothing , that thou mayst be all ▪ thou hast taught me , that no king can be sav● by the multitude of an host ; but yet thou canst sa● me by the multitude of thy mercyes , who art the l● of hosts , and the father of mercies . help me , o lord , who am sore distressed on e●ry side ; yet be thou on my side , and i shall not fe● what man can do unto me . i will give thy justi the glory of mydistresse . o let thy mercy have the glory of my delivra● from them that persecute my soule ! by my sinnes have i fought against thee , a● robbed thee of thy glory , who am thy subiect ; and iustly mayst thou , by my owne subiects , strip me of my strength , and eclypse my glory . but shew thy selfe , o my hope , and only refuge ! let not mine enemies say , there is no help for him in his god. hold up my goings in thy paths , that my footsteps slip not . keep me as the apple of thine eye , hide me under the sh●ddow of thy wings . shew thy marveilous loving kindnesse , o thou that savest by thy right hand them that put their trust in thee , from those that rise up against them . from the wicked that oppresse me , from my deadly enemies that compasse me about . shew me the path of life . in thy presence is fulnesse of ioy , at thy right hand there are pleasures for evermore . . vpon the ▪ propositions first sent to the king ; and more afterwards . although there be many things , they demand , yet if these be all , i am glad to see at what price they set my owne safety , and my peoples peace ; which i cannot thinke i buye at too deare a rate , save onely the parting with my conscience and honour . if nothing else will satisfye , i must chuse rathe● to be as miserable , and inglorious , as my enemies can make or wish me. some things here propounded to me have bi● offered by me ; others are easily granted ; the rest ( i think ) ought not to be obtruded upon me with the point of the sword ; nor urged with th● injuries of a war ; when i have already declare● that i cannot yeild to them , without violatin● my conscience : 't is strange , there can be n● method of peace , but by making warre upo● my soul. here are many things required of me ; but ● see nothing offer'd to me , by the way of grate ▪ full exchange of honour ; or any requitall fo● those favours , i have , or can yet grant them . this honour they doe me , to put me o● the giving part , which is more princely an● divine . they cannot ask more than i can give , may i but reserve to my self the incommunicable jewell of my conscience ; and not be forced to part with that , whose loss nothing ca● repair or requite . some things ( which they are pleased to propound ) seem unreasonable to me ; and whil● i have any mastery of my reason , how ca● they think i can consent to them ? who kno● they be such as are inconsistent with being eithe● a king , or a good christian . my yeilding so much ( as i have already ) makes some men confident i will deny nothing . the love i have of my peoples peace , hath ( indeed ) great influence upon me ; but the love of truth , and inward peace , hath more . should i grant some things they require , i should not so much weaken my outward state of a king ; as wound that inward quiet of my conscience , which ought to be , is , and ever shall be ( by gods grace ) dearer to me than my kingdomes . some things which a king might approve yet in honour & policy are at some time to be denyed , to some men , lest he should seeme not to dare to deny any thing ; and give too much incouragement to unreasonable demands , or importunities . but to bind my selfe to a generall and implicite consent , to what ever they shall desire , or propound , ( for such is one of their propositions ) were such a latitude of blind obedience , as never was expected from any free-man , nor fit to be required of any man , much lesse of a king , by his owne subjects ; any of whom he may possibly exceed as much in wisdome , as he doth in place and power . this were as if sampson should have consented , not only to bind his owne hands , and cut off his hair , but to put out his own eyes , that the philistins might with the more safety mock , and abuse him ; which they chose rather to doe , then quite to destroy him , when he was become so tame an object , & fit occasion for their sport and scorne . certainly , to exclude all power of deniall seemes an arrogancy , least of all becomming those who pretend to make their addresses in a● humble and loyall way of petitioning ; who , by that , sufficiently confesse their owne inferiority ▪ which obligeth them to rest , if not satisfied , y● quieted with such an answer as the will and reason of their superiour thinks fit to give ; wh● is acknowledged to have a freedome and powe● of reason , to consent , or dissent ; else it wer● uery foolish and absurd to ask , what anothe having not liberty to deny , neither hath powe to grant . but if this be my right belonging to me , i● reason , as a man , and in honour as a soveraign king , ( as undoubtedly it doth ) how can i be other then extream injury to confine my reason to a necessity of granting all they have● mind to ask , whose minds may be as differin● from mine both in reason and honour , as thei● aims may be , and their qualities are ; which la● god and the laws have sufficiently distinguish● making me their soveraigne , and them my subjects : whose propositions may soone prov● violent oppositions , if once they gaine to be necessary impositions upon the regall authority since no man seeks to limit & confine his king in reason , who hath not a secret aime to shar● with him , or usurp upon him in power & domion . but they would have me trust to their moderation , and abandon mine own discretio● that so i might verifie what representations some have made of me to the world , that i am fitter to be their pupill then their prince . truly i am not so confident of my own sufficiency , as not willingly to admit the counsell of others : but yet i am not so diffident of my self , as brntishly to submit to any mans dictates , & at once to betray the soveraignty of reason in my soul , and the majesty of my own crown to any of my snbjects . least of all have i any ground of credulity , to induce me fully to submit to all the desires of those men , who will not admit , or , do refuse , and neglect to vindicate the freedome of their own and others , sitting and voting in parliament . besides , all men that know them , know this , how young states-men ( the most part ) of these propounders are ; so that , till experience of one seven yearts hath shewed me , how well they can govern themselves , and so much power as is wrested from me , i should be very foolish indeed , & unfaithfull in my trust , to put the reins of both reason and government , wholly out of my own , into to their hands , whose driving is already too much like iehues ; and whose forwardnesse to ascend the throne of supremacy portends more of phaeton then of phoebus ; god divert the omen if it be his will. they may remember , that at best they sit in parliament as my subjects , not my superiours , called to be my counsellours , not dictators ▪ their summons extends to recommend thei● advice , not to command my duty . vvhen i first heard of propositions to be sen● me , i expected either some good lawes , whic● had been antiquated by the course of time , o● overlayd by the corruption of manners , had bi● desired to a restauration of their vigour an● due execution ; or some evill customes preter-legall , and abuses personall had been to be removed ; or some injuries done by my selfe , an● others , to the common-weale , were to be repaired ; or some equable offertures were to b● tendred to me , wherein the advantages of my crowne , being considered by them , might fairly induce me to condescend , to what tended to my subjects good , without any great diminution o● my selfe ; whom nature , law , reason , an● religion , bind me ( in the first place ) to preserve : without which , 't is impossible to preserve my people according to my place . or ( at least ) i looked for such moderate desires of due reformation of what was ( indeed ) amisse in church and state , as migh still preserve the foundation and essentialls o government in both ; not shake and quite ove● throw either of them , without any regar● of the lawes , inforce , the wisdome and piet● of former parliaments , the ancient and universall practise of christian churches ; th● rights and priviledges of particular men nor yet any thing offered in lieu , or in the roome of what must be destroyed , which might at once reach the good end of the others institution , and also supply its pretended defects , reforme its abuses , and satisfie sober and wise men , not with soft and specious words , pretending zeale and speciall piety , but with pregnant & solid reasons both divine and humane , which might justifie the abruptnesse and necessity of such vast alterations . but in all their propositions i can observe little of these kinds , or to these ends ; nothing of any lawes dis-joynted , which are to be restored ; of any right invaded ; of any justice to be unobstructed ; of any compensations to be made ; of any impartiall reformation to be granted ; to al , or any of which , reason , religion , true policy , or any other humane motives , might induce me . but , as to the maine matters propounded by them at any time , in which is either great novelty , or difficulty , i perceive that what were formerly look't upon as factions in the state , and schismes in the church , and so , punishable by the lawes , have now the confidence , by vulgar clamours , and assistance ( chiefly ) to demand not only tolerations of themselves , in their vanity , novelty , and confusion ; but also abolition of the lawes against them ; and a totall extirpation of that government , whose rights they have a mind to invade . this , as to the maine ; other propositions are ( for the most part ) but as waste paper , in those which are wrapped up , to present them somewhat more handsomely . nor do i so much wonder at the variety , & horrible novelty of some propositions ( therebeing nothing so monstrous , which some fancies are not prone to long for . this casts me into , not an admiration , but an extasie , how such things should have the fortun to be propounded in the name of the two houses of the parliament of england : among whom , i am very confident , there was not a fourth part of the members of either house , whose judgements free , single , and apart did approve or desire such dstructive changes in the government of the church . i am perswaded there remaines in far the major part of both houses , ( if free and full ) so much learning , reason , religion , and just moderation as to know how to sever between the use an● the abuse of things ; the institution , & the corruption , the government and the mis-government , the primitive patterns ; and the abberrations or blottings of after copies . sure they could not all , upon so little , or n● reason ( as yet produced to the contrary ) so soon renounce all regard to the lawes in force , to antiquity , to the piety of their reforming progenitors , to the prosperity of former times in this church & state , under the present government of the church . yet , by a strange fatality , these men suffer , either by their absence , or silence , or negligence , or supine credulity ( believing that all is gold , which is guilded with shewes of zeale and reformation ) their private disse nting in judgement to be drawne into the common sewer or stream of the present vogue and humour ; which hath its chief rise and abetment from those popular clamours and tumults , which served to give life and strength to the infinite activity of those men , who studied with all diligence , and policy , to improve to their innovating designes , the present distractions . such armies of propositions having so little , in my judgement , of reason , j ustice , and religion on their side , as they had tumult and faction for their rise , must not go alone , but ever be backt and seconded , with armies of souldiers : though the second should prevaile against my person , yet the first shall never overcome me , further than i see cause ; for , i look not at their number and power so much , as i weigh their reason and justice . had the two houses first sued out their livery , and once effectually redeemed themselves from the wardship of the tumults , ( which can be no other than the hounds that attend the cry , and hollow of those men , who hunt after factious and private designes , to the ruine of church and state. ) did my judgement tell me , that the proposions sent to me were the results of the major part of their votes , who exercise their freedome , as well as they have a right to sit in parliliament , i should then suspect my own judgement ; for not speedily & fully concurring with every one of them . for , i have charity enough to think , there are wise men among them : and humility to think , that , as in some things i may want ; so t is fit i should use their advise ; which is the end for which i called them to a parliament . but yet i cannot allow their wisdom such a compleatnesse and inerrability as to exclude my self ; since none of them hath that part to act , that trust to discharge , nor that estate and honour to preserve as my self ; without whose reason concurrent with theirs ( as the suns influence is necessary in nallatures productions ) they cannot beget , or bring forth any one compleat and authoritative act of publick wisdom , which makes the laws . but the unreasonablenesse of some propositions not is more evident to me , than this is , that they are not the joynt and free desires of those in their major number , who are of right to sit and vote in parliament . for , many of them savour very strong of that old leaven of innovations , masked vnder the name of reformation ; which , in my two last famous predecessours daies , heaved at , and sometime threatned both prince and parliaments : but , i am sure was never wont so farre to infect the whole masse of the nobility and gentry of this kingdome ; however it dispersed among the vulgar : nor was it likely so suddenly to taynt the major part of both houses , as that they should unanimously desire , and affect so enormous and dangerous innovations in church & state , contrary to their former education , practice , and judgement . not that i am ignorant , how the choice of many members was carried by much faction in the countryes ; some thirsting after nothing more , than a passionate revenge of what ever displeasure they had conceived against me , my court , or the clergy . but all reason bids me impute these sudden and vast desires of change to those few , who armed themselves with the many-headed , and many ▪ handed tumults . no lesse doth reason , honour ; and safety both of church and state command me , to chew such morsells , before i let them down ; if the straitnes of my coscience will not give me leave to swallow down such camels , as others do of sacriledg , & injustice both to god & man , they have no more cause to quarrell withme , than for this , that my throat is not so wide as theirs . yet , by gods help , i am resolved , that nothing of passion , or peevishnesse , or list to contradict , or vanity to shew my negative power , shal have any byas upon my judgement , to make me gratifie my will , by denying any thing , which my reason and conscience commands me not . nor on the other side , will i consent to mor● than reason , justice , honour , and religion perswade me , to be for gods glory , the churches good , my peoples welfare , and my own peace . i will study to satisfie my parliament , and my people ; but i wil never , for feare , or flattery , gratifie any faction , how potent soever ; for this were to nourish the disease , & oppres the body . although many mens loyalty and prudence are terrified from giving me that free , and faithfull counsell , which they are able and willing to impart , and i may want ; yet none can hinde● me from craving the counsell of that mighty counsellour , who can both suggest what is best , and incline my heart stedfastly to follow it . o thou first and eternall reason , whose wisdom● is fortified with omnipotency , furnish thy servant ▪ first , with cleare discoveries of truth , reason , an● iustice , in my understanding ; then so confirme my will and resolution to adheere to them ▪ that no terrours , iniuries , or oppressions of my enemies may ever inforce me against those rules , whic● thou by them hast planted in my conscience . thou never madest me a king , that i should 〈◊〉 lesse then a man ; and not dare to say , yea , or na● as i see cause ; which freedom is not denied to th● meanest creature , that hath the use of reason , an● liberty of speech . shall that be blameable in me , which is commendable veracity and constancy in others ? thou seest , o lord , with what partiality , an● iniustice , they deny that freedom to me their king , which thou hast given to all men ; & which themselves pertinaciously challenge to themselves ; while they are so tender of the least breach of their priviledges . to thee i make my supplication , who canst guide us by an unerring rule , through the perplexed labyrinths of our own thought , and other mens proposalls ; which , i have some cause to suspect , are purposely cast as snares , that by my granting or denying them , i might be more eutangled in those difficultyes , wherewith they lie in wayt to afflict me. o lord , make thy way playn before me. let not my own sinfull passions cloud , or divert thy sacred suggestions . let thy glory be my end , thy word my rule , and then thy will be done . i cannot please all , i care not to please some men ; if i may be happy to please thee , i need not fear whom i displease . thou that makest the wisdome of the world foolishnesle , and takest in their own devices , such as are wise in their own conceits , make me wise by thy truth , for thy honour , my kingdomes generall good , and my own soules salvation ; and j shall not much regard the worlds opinion , or diminution of me . the lesse wisdome they are willing to impute to me , the more they shall be convinced of thy wisedome directing me , while i deny nothing fit to be granted , out of crosseness , or humour ; nor grant any thing which is to be denied , out of any feare , o● flattery of men . suffer me not to be guilty , or unhappy , by willing or inconsiderate advancing any mens designes , which are iniurious to the publique good , while confirme them by my consent . nor let me be any occasion to hinder or defrau● the publique of what is best , by any morose or perverse dissentings . make me so humbly charitable , as to follow their advise , when it appears to be for the publique good ▪ of whose affections to me , i have yet but few evidences to assure me. thou canst as well blesse honest errours , as bl●● fraudulent counsells . since we must give an account of every evill an● idle word in private , at thy tribunall ; lord ma● me carefull of those solemne declarations of m● minde which are like to have the greatest influent upon the publique , either for woe , or weale . the lesse others consider what they aske , make 〈◊〉 the more solicitous what i answer . though mine . owne , and my peoples pressur● are grievous , and peace would be very pleasing yet , lord , never suffer me to avoid the one , or purchase the other , with the least expense or waste● my conscience ; whereof thou , o lord , one● art deservedly more master then my selfe . vpon the rebellion and troubles in ireland : the commotions in ireland were so sudden , and so violent , that it was hard at first either to discerne the rise , or apply a remedy to that precipitant rebellion . indeed , that sea of bloud , which hath there bin cruelly & barbarously shed , is enough to drown any man in eternall both infamy and misery , whom god shall find the malicious author or instigator of its effusion . it fell out , as a most unhappy advantage to some mens malice against me , that , when they had impudence enough to lay any thing to my charge , this bloudy opportunity should be offered them , with which i must be aspersed . although there was nothing which could be more abhorred to me , being so full of sin against god , disloyalty to my selfe , and destructive to my subjects . some men took it very ill not to be believed , when they affirmed , that what the irish rebells did , was done with my privitie ( at least ) if not by my commission : but these knew too well , ●hat it is no newes for some of my subjects to ●ight , not only without my commission , but against my command , and person too ; yet all the while to pretend , they fight by my authori●y , and for my safety . i would to god the irish had nothing to a ledge for their imitation against those , who blame must neede be the greater , by how mu● protestant principles are more against all r●bellion against princes , then those of papi● nor wil the goodnes of mens intentions exc● the scandall , & contagion of their examples . but , who ever fail of their duty toward me , must bear the blame ; this honour my enemi● have always don me , to think moderate injuri● not proportionate to me , nor competent trial● either of my patience under them , or my pard● of them , therefore , with exquisite malice , they ha● mixed the gall & vinegar of falsity & contem● with the cup of my afflicton ; charging me 〈◊〉 only with untruths , but such , as wherein i ha● the greatest share of losse & dishonour by wh● is committed ; whereby ( in all policy , reaso● and religion , having least cause to give , the le● consent , and most grounds of utter detestation might be represented by them to the world , 〈◊〉 more inhumane & barbarous : like some c● clopick monster , whom nothing will serve to 〈◊〉 and drink , but the flesh and bloud of my ow● subjects ; in whose common welfare my in●rest lies , as much as som mens doth in their pe●turbations ; who think they cannot do well 〈◊〉 in evill times , nor so cunningly as in laying 〈◊〉 odium of those sad events on others , where w● themselves are most pleas'd , & whereof they ha● bin not the least occasion . and certainly , t is thought by many wife men , that the preposterous rigour , and unreasonable severity , which some men carried before them in england , was not the least incentive , that kindled , and blew up into those horrid flames , the sparks of discontent , which wanted not pre-disposed fewell for rebellion in ireland ; where , despaire being added to their former discontents , and the fears of utter extirpation to their wonted oppressions , it was easie to provoke to an open rebellion , a people prone enough , to break out to all exorbitant violence , both by some principles of their religion , and the naturall desires of liberty ▪ both to exempt themselves from their present restraints , and to prevent those after rigours wherewith they saw themselves apparently threatned , by the covetous zeal and uncharitable fury of some men , who think it a great argument of the truth of their religion , to endure no other but their own . god knowes , as i can with truth wash my hands in innocency , as to any guilt in that rebellion ; so i might wash them in my tears , as to the sad apprehensions i had , to see it spread so farre , and make such waste . and this in a time , when distractions , and jealousies here in eugland , made most men rather intent to their owne safety , or designes they were driving , then to the reliefe of those , who were every day inhumanely butchered in ireland : whose ●eares and bloud might , if nothing else , have quenched , or at least , for a time ▪ repressed a● smothered those sparks of civill dissentions 〈◊〉 jealousies , which in england some men mo● industriously scattered . i would to god no man had been lesse affect● with irelands sad estate than my self , i offer● to go my self in person upon that expedition but some men were either afraid i should ha● any one kingdome quieted ; or loath they we● to shoot at any mark here lesse then my self● or that any shonld have the glory of my destr●ction but themselves . had my many offers b● accepted , i am confident neither the ruine h● bin so great , nor the calamity so long , nor t● remedy so desperate . so that , next to the sin of those , who began th● rebellion , theirs must needs be , who either hi●dred the speedy suppressing of it , by domesti● dissentions , or diverted the aides , or exasper●ted the rebells to the most desperate resolu●ons and actions , by threatning al extremities , n● only to the known heads , & chief incendiary● but even to the whole community of that na●on ; resolving to destroy root and branch , me● women , and children ; without any regard 〈◊〉 those usuall pleas for mercy , which couqu●rours , not wholly barbarous , are wont to hea● from their owne breasts , in behalfe of thos● whose oppressive fears , rather then their m● lice , engaged them ; or whose imbecility f● sex and age was such , as they could neith● lift up a hand against them , nor distinguish between their right hand & their left : which preposterous , and ( i think ) un-evangelical zeale is too like that of the rebuked disciples , who would go no lower in their revenge , then to call for fire from heaven upon whole cityes for the repulse or neglect of a few ; or like that of iacobs sons ▪ which the father both blamed and cursed : chusing rather to use all extremityes , which might drive men to desperate obstinacy , then to apply moderate remedies ; such as might punish some with exemplary justice , yet disarm others , with tenders of mercy upon their submission ▪ & our protection of them , from the fury of those , who would soon drown them , if they refused to swim down the popular stream with them ; but some kind of zeal counts all merciful moderation , luke-warmnesse ; and had rather be cruell then counted cold , & is not seldome more greedy to kill the bear for his skin , then for any harm he hath done . the confiscation of mens estates being more beneficiall , then the charity of saving their lives , or reforming their errours . when all proportionable succours of the poor pretestants in ireland ( who were daily massacred , and over-borne with numbers of now desperate enemies ) were diverted and obstructed here ; i was earnestly entreated , and generally advised by the chief of the protestant party there , to get them some respite and breathing by a cessation , without which they saw ●o probability ( unlesse by miracle ) to preserve the remnant that had yet escaped : go knows with how much commiseration and sol●citous caution i carried on that bnsinesse , by pe●sons of honour and integrity , that so i mig● neither incourage the rebells insolence , nor discourage the protestants loyalty and patience . yet when this was effected in the best so● that the necessity and difficulty of affaires woul● then permit , i was then to suffer againe in m● reputation and honour , because i suffered n● the rebels utterly to devoure the remaini● handfulls of the protestants there . i thought , that , in all reason , the gaining 〈◊〉 that respite could not be so much to the rebe● advantages ( which some have highly calumni●ted against me ) as it might have been for t● protestants future , as well as present safety ; during the time of that cessation , some men h● had the grace to have laid irelands sad conditio more to heart ; and laid aside those violent m●tions , which were here carried on by those , th● had better skill to let bloud then to stanch it . but in all the misconstructions of my actio● ( which are prone to find more credulity in m● to what is false and evill , than love or charity 〈◊〉 what is true and good ) as i have no judge 〈◊〉 god above me , so i can have comfort to app● to his omniscience , who doth not therefo● deny my innocence , because he is pleased ▪ far to try my patience , as he did his servant iob● i have enough to doe to look to my own conscience , and the faithfull discharge of my trust as a king ; i have scarce leisure to consider those swarmes of reproaches , which issue out of some mens mouths & hearts , as easily as smoke , or sparks do out of a fornace ; much lesse to make such prolix apologies , as might give those men satisfaction , who , conscious to their owne depth of wickednesse , are loath to beleive any man not to be as bad as themselves . 't is kingly to do well , and heare ill : if i can but act the one , i shall not much regard to bear the other . i thank god i can hear with patience , as bad as my worst enemies can falsly say . and i hope i shall still doe better than they desire , or deserve i should . i beleive it will at last appear , that they who first began to embroyle my other kingdomes , are in great part guilty , if not of the first letting out , yet of the not-timely stopping those horrid effusion of bloud in ireland . which ( what ever my enemies please to say , or think ) i look upon , as that of my other kingdomes , exhausted out of my own veins ; no man being so much weakned by it , as my selfe ; and i hope , though mens unsatiable cruelti●s never wil ▪ yet the mercy of god wil at length say to his justice , it is enough : & command the sword of civil wars to sheath it self : his mercifull justice intending i trust not our utter confusion ; but our cure ; the abatement of our sins , or the desolating of these nations . o my god , let those infinite mercies prevent us once againe , which i and my kingdomes have formerly abused , and can never deserve should be restored . thou seest how much cruelty among christians is acted under the colour of religion ; as if we could not be christians , unlesse we crucifie one another . because we have not more loved thy truth , and practised in charity , thou hast suffered a spirit of errour and bitternesse , of mutuall and mortall hatred to rise among us . o lord , forgive wherein we have sinned , and sanctifie what we have suffered . let our repentance be our recovery , as our great sins have been our ruine . let not the miseries i and my kingdoms have hitherto suffered seem small to thee : but make our sins appear to our consciences , as they are represented in the glasse of thy judgements ; for thou never punishest small failings with so severe afflictions . o therefore , according to the multitude of thy great mercies , pardon our sinnes , and remove thy iudgements which are very many , and very heavy . yet let our sinnes be evermore grievous to us , tha● thy iudgements ; and make us more willing to repent , then to be relieved ; first , give us the peace of penitent consciences , and then the tranquillity of united kingdomes . in the sea of our saviours bloud drowne our sinnes , and throngh this red sea of our own bloud bring us at last to a state of piety , peace , and plenty . as my publique relations to all , make me share in all my subiects sufferings ; so give me such a pious sense of them , as becomes a christian king , and a loving father of my people . let the scandalous and uniust reproaches cast upon me , be as a breath , more to kindle my compassion : give me grace to heap charitable coales of fire upon their heads to melt them , whose malice or truell zeal hath kindled , or hindred the quenching of those flames , which have so much wasted my three kingdoms . o rescue and assist those poore protestants in ireland , whom thou hast hitherto preserved . and lead those in the wayes of thy saving truths , whose ignorance or errours have filled them with rellellious and destructive principles ; which they act under an opinion , that they do thee good service . let the hand of thy iustice be against those , who maliciously and dispitefully have raised , or fomented those cruell and desperate wars . thou that art far from destroying the innocent with the guilty , and the erroneous with the malicious ; thou that hadst pity on niniveh for the many children that were therein , give not over the whole stock of that populous and seduced nation , to the wrath of those , whose covetousnesse makes them cruell ; nor to their anger , which is too fierce , and therefore iustly cursed . preserve , if it be thy will , in the midst of the fornace of thy severe iustice a posterity , which may praise thee for thy mercy . and deale with me , not according to mans uniust reproaches , but according to the innocency of my hands in thy sight . if i have desired , or delighted in the wofull day of my kingdoms calamities ; if i have not earnestly studied , and faithfully endeavoured the preventing and composing of these bloody distractions ; then let thy hand be against me , and my fathers house . o lord , thou seest i have enemies enough of men as i need not , so i should not dare thus to imprecate thy curse on me and mine , if my conscience did not witnesse my integrity , which thou , o lord , knowest right will ; but i trust not to my own merit , but thy mercies ; spare us o lord , and be not angry with us for ever . vpon the calling in of the scots , and their comming . the scots are a nation , upon whom i have not onely common ties of nature , soveraignty , and bounty , with my father of blessed memory ; but also special and late obligations of favours , having gratified the active spirits , among them so far , that i seemed to many , to prefer the desires of that party , before my own interest and honour . but , i see , royall bounty emboldens some men to aske , & act beyond all bounds of modesty and gratitude . my charity , and act of pacification , forbids me to reflect on former passages ; wherein i shall ever be farre from letting any mans ingratitude , or inconstancy , make me repent of what i granted them , for the publique good : i pray god it may so prove . the comming againe of that party into england , with an army , onely to conforme this church to their late new modell , cannot but seem as unreasonable , as they would have thought the same measure offered from hence to themselves . other errand i could never understand they had , ( besides those common and vulgar flourishes for religion and liberty ) save onely to confirme the presbyterian copy they had set , by making this church to write after them , though it were in bloudy characters . which designe and end , whether it will justifie the use of such violent means , before the divine justice , i leave to their consciences to judge , who have already felt the misery of the means , but not reaped the benefit of the end , either in this kingdome , or that . such knots and crosnesse of grain being objected here , as will hardly suffer that forme , which they cry up as the only just reformation , and setling of government and discipline in churches , to goe on so smoothly here , as it might doe in scotland ; and was by them imagined would have done in england , when so many of the english clergy , through levity or discontent , if no worse passion , suddenly quitted their former engagements to episcopacy , and faced about to their presbytery . it cannot but seem either passion , or some self-seeking , more then true zeal , and pious discretion , for any forraign state or church to prescribe such medicines only for others , which themselves have used , rather successefully than commendably ; not considering that the same physick on different constitutions , will have different operations ; that may kill one , which doth but cure another . nor doe i know any such tough and malignant humours in the constitution of the english church , which gentler applications then those of an army , might not easily have removed : nor is it so proper to hew out religious reformations by the sword , as to polish them by fair and equal disputations among those that are most concerned in the diferences ; whom not force , but reason ought to convince . but their designe now seemed rather to cut of all disputation here , than to procure a fair and equall one : for , it was concluded , there , that the english clergy must conform to the scots pattern , before ever they could be heard , what they could say for themselves , or against the others way . i could have wished fairer proceedings both for their credits , who urge things with such violence ; and for other mens consciences too , who can receive little satisfaction in these points which are maintained rather by souldiers fighting in the field , than schollars disputing in free and learned synods . sure , in matters , of religion those truths gain most on mens judgements and consciences , which are least urged with secular violence , which weakens truth with prejudices ; and is unreasonable to be used , till such means of rationall conviction hath beene applied , as , leaving no excuse for ignorance , condemns mens obstinacy to deserved penalties . which no charity will easily suspect of so many learned and pious church-men in england ; who being alwayes bred up , and conformable to the government of episcopacy , cannot so soon renounce both their former opinion and practise , only because that party of the scots wil needs , by force , assist a like party here , either to drive all ministers , as sheep into the common fold of presbytery , or destroy them ; at least fleece them ▪ by depriving them of the benefit of their flocks . if the scotch sole presbytery were proved to be the only institution of jesus christ , for all churches government , yet i beleive it would be hard to prove that christ had given those scots , or any other of my subjects , commission , by the sword to set up in any of my kingdomes without my consent . what respect and obedience christ and his apostls pai'd to the chief governours of states , where they lived is very clear in the gospell ; but that he , or they ever commanded to set up such a parity of presbyters , and in such a way as those scots endeavour , i think is not very disputable . if presbytery in such a supremacy be an institution of christ , sure it differs from all others ; and is the first and only point of christianity , that was to be planted and watred with so much christian bloud ; whose effusions run in a stream so contrary to that of the primitive planters , both of christianity & episcopacy , which was with patient shedding of their own bloud , not violent drawing other mens ; sure there is too much of man in it , to have much of christ , none of whose institutions were carried on , or begun with the temptations of covetousnesse or ambition ; of both which this is vehemently suspected . yet was there never any thing upon the point , which those scots had by army or commissioners to move me with , by their many solemne obtestations , and pious threatnings , but only this ; to represent to me the wonderfull necessity of setting up their presbytery in england , to avoid the further miseries of a warre ; which some men chiefly on this designe at first had begun , and now further ingaged themselves to continue ▪ what hinders that any sects , schismes , or heresies , if they can get but numbers , strength and opportunity , may not , according to this opinion and pattern , set up their wayes by the like methods of violence ? all which presbytery seeks to suppres , & render odious under those names ; when wise and learned men think , that nothing hath more marks of schisme , and sectarisme , then this presbyterian way ▪ both as to the ancient , and still most universall way of the church-government , and specially as to the particular laws and constitutions of this english church , which are not yet repealed , nor are like to be for me , till i see more rationall and religious motives , then souldiers use to carry in their knapsacks . but we must leave the successe of all to god , who hath many waies ( having first taken us off from the folly of our opinions , and fury of our passion ) to teach us those rules of true reason , & peaceable wisdom , which is from above , tending most to gods glory , & his churches good ; which i think my self so much the more bound in conscience to attend , with the most judicious zeal and care , by how much i esteem the church above the state , the glory of christ above mine own ; & the salvations of mens souls above the presevation of their bodies and estates . nor may any men , i think , without sinne and presumption , forcibly endeavour to cast the churches under my care and tuition , into the moulds they have fancied , and fashioned to their designes , till they have first gained my consent , and resolved both my own and other mens consciences by the strength of their reasons . other violent motions , which are neither manly , christian , nor loyall , shall never either shake or settle my religion ; nor any mans else , who knowes what religion means ; and how farre it is removed from all faction , whose proper engine is force ; the arbitrator of beasts , no● of reasonable men , much lesse of humble christians , and loyall subjects , in matters of religion . but men are prone to have such high conceits of themselves , that they care not what cost they lay out upon their opinions ; especially those , that have some temptation of gaine , to recompence their losses and hazards . yet i was not more scandalized at the scots armies comming in against my will , and their forfeiture of so many obligations of duty , and gratitude to me ; then i wondred , how those here could so much distrust gods assistance ; who so much pretended gods cause to the people , as if they had the certainty of some divine revelation ; considering they were more then competently furnished with my subjects armes and ammunition ; my navy by sea , my forts , castls , and cities by land. but i find , that men jealous of tue jnstifiablenesse of their doings . and designes before god. never think they have hnmane strength enough to carry their work on , seem it never so plausible to the people ; what cannot be justified in law or religion , had need be fortified with power . and yet such is the inconstancy that attends all minds engaged in violent motion , that whom some of them one while earnestly invite to come into their assistance , others of them soone after are weary of , and with nauseating cast them out : what one party thought to rivet to a setlednesse by the strength and influence of the scots , that the other rejects and contemnes at once , despising the kirk government , and ●iscipline of the scots , and frustrating the successe of so chargable , more then charitable assistance : for , sure the church of england might have purchased , at a farre cheaper rate , the truth and happinesse of reformed government and discipline ( if it had been wanting ) though it had entertained the best divines of christendome for their advice in a full and free synod ; which i was ever willing to , and desirous of , that matters being impartially setled , might be more satisfactory to all , and more durable . but much of gods justice , and mans folly will at length be discovered , through all the filmes and pretensions of religion , in which politicians wrap up their designes ; in vaine do men hope to build their piety on the ruines of loylty . nor can those confederations or designes 〈◊〉 durable , when subjects make bankrupt of their allegiance , under pretence of setting up a quicker trade for religion . but , as my best subjects of scotland never deserted me , so i cannot think that the most are gone so far from me , in a prodigality of their love and respects toward me , as to make me to despair of their return ; when , besides the bonds of nature and conscience , which they have to me , all reason and true policy will teach them ; that their chiefest interest consists in their fidelity to the crown , not in their serviceablenesse to any party of the people , to a neglect and betraying of my safety and honour for their advantages : however , the lesse cause i have to trust to men , the more i shall apply my self to god. the troubles of my soul are enlarged , o lord , bring thou me out of my distresse . lord direct thy servant in the wayes of that pious simplicity , which is the best policy . deliver me from the combined strength of those , who have so much of the serpents subtilty , that they forget the doves innocency . though hand ioyne in hand , yet let them not prevaile against my soule , to the betraying of my conscience and honour . thou , o lord , ca●st turne the hearts of th●se parties in both nations , as thou didst the men of judah and israel , to restore david with as much loyall zeal , as they did with inconstancy and eagernesse pursve him . preserve the love of thy truth , and uprightnes in me , and i shall not despair of my subjects affections returning towards me . thou canst soone cause the overflowing seas to ebb , and retire back again to the bounds which thou hast appointed for them . o my god , i trust in thee ; let me not be ashamed ; let not my enemies triumph over me . let them be ashamed who transgress without a cause ; let them be turned back that persecute my soule . let integrity and uprightnesse preserve me , for i wait on thee , o lord. redeem thy church , o god , out of all its troubles . ▪ vpon the covenant , the presbyterian scots are not to be hired at the ordinary rate of auxiliarie ; nothing will induce them to engage , till those that call them in , have pawned their soules to them , by a solemne league and covenant . where many engines of religious and faire pretensions are brought chiefly to batter , or rase episcopacy . this they make the grand evill spirit , which , with some other imps purposely added , to make it more odious , and terrible to the vulgar , must by so solemne a charme and exorcisme be cast out of this church , after more than a thousand yeares possession here , from the first plantation of christianity in this island , and an universall prescription of time & practise in all other churches since the apostles times till this last century but no antiquity must plead for it . presbytery ; like a young heyr , thinks the father hath lived long enough ; and impatient not to be in the bishops chair & authority ( though lay-men go away with the revenues ) all art is used to sink episcopacy , and lanch presbytery in england ; which was lately boyed up in scotland by the like artifice of a covenant although i am unsatisfyed with many passages in that covenant ( some referring to my self with very dubious & dangerous limitations yet i chiefly wonder at the designe & drift touching the discipline and government of the church ; and such a manner of carying them on to new ways , by oaths and covenants , where it is hard for men to be engaged by no less , then swearing for , or against those things , which are of no cleare morall necessity , but very disputable , & controverted among learned & godly men : whereto the application of oaths can hardly be made and enjoyned with that judgement , and certainty in ones self , or that charity and candour to others of different opinion , as i think religion requires , which never refuses faire and equable deliberations ; yea , & dissentings too , in matters only probable . the enjoyning of oaths upon people must needs in things doubtfull be dangerous , as in things unlawfull , damnable ; and no lesse superfluous , where former religious and legall engagements bound men sufficiently , to all necessary duties . nor can i see how they will reconcile such an innovating oath and covenant , with that former protestation which was so lately taked , to maintain the religion established in the church of england : since they count discipline so great a part of religion . but ambitious minds never thinke they have laid snares and ginnes enough to catch and hold the vulgar credulity : for by such politique and seemingly-pious stratagems , they think to keep the populacy fast to their parties under the terrour of perjury : whereas certainly all honest and wise men ever thought themselvs sufficiently bound , by former ties of religion , allegiance , and laws , to god and man. nor can such after-contracts , devised and imposed by a few men in a declared party , without my consent , and without any like power or precedent from gods or mans lawes , be ever thought by judicious men sufficient either to absolve or slacken those morall & eternall bounds of duty which lie upon all my subjects consciences both to god and me. yet , as things now stand , good men shal lest offend god or me , by keeping their covenant in honest & lawfull ways ; since i have the charity to think , that the chief end of the covenat , in such mens intentions , was , to preserve religion in purity , and the kingdoms in peace : to other then such ends and meanes they cannot think themselves engaged ; nor will those , that have any true touches of conscience , endeavour to carry on the best designes ( much lesse such as are , and will be daily more apparently factious & ambitious ) by any unlawfull means , under that title of the covenant : unlesse they dare preferre ambiguous , dangerous , and un-authorized novelties , before their known and sworn duties , which are indispensable , both to god and my self . i am prone to believe and hope , that many , who took the covenant , are yet firm to this judgment , that such later vows , oaths , or leagues , can never blot out those form●r gravings , and characters which by just & lawfull oaths were made upon their soul , that which makes such confederations by way of solemn leagues & covenants more to be suspected , is , that they are the common road used in all factions and powerfull perturbations , of state or church : where formalities of extraordinary zeal and piety are never more studied and elaborate , then , when politicians most agitate desperate designes against all that is setled , or sacred in religion , and laws , which by such scrues are cunningly , yet forcibly , wrested by secret steps , and lesse sensible degrees , from their known rule & wonted practise , to comply with the humours of those men , who aym to subdue all to their own will and power , under the disguises of holy combinations . which cords and wythes will hold mens consciences no longer , then force attends and twists them : for every man soone growes his owne pope , and easily absolves himselfe of those ties , which , not the commands of gods word , or the lawes of the land , but only the subtilty and terrour of a party casts upon him ; either superfluous and vaine , when they were sufficiently tied before ; or fraudulent and injurious , if by such after-ligaments they find the imposers really ayming to dissolve , or suspend their former , just , and necessary obligations . indeed , such illegall waies seldome , or never , intend the engaging men more to duties , but only to parties ; therefore it is not regarded how they keep their covenants in point of piety pretended , provided they adhere firmly to the party and designe intended . i see the imposers of it are content to make their covenant like manna ( not that it came from heaven , as this did ) agreeable to every mans palate and relish , who will but swallow it : they admit any mens senses of it , though diverse or contrary ; with any salvoes , cautions , and reservations , so as they crosse not their chief designe which is laid against the church , and me. it is enough if they get but the reputation of a seeming encrease to their party ; so little do men remember that god is not mocked . in such latitudes of sense , i believe many that love me , and the church well , may have taken the covenant , who yet are not so fondly and superstitiously taken by it , as now to act clearly against both all piety and loyalty ; who first yeil●ed to it , more to prevent that imminent violence and ruine , which hung over their heads , in case they wholly refused it , than for any value of it , or devotion to it . wherein , the latitude of some generall clauses may ( perhaps ) serve somewhat to relieve them , as of doing and endeavouring what lawfully they may , in their places and callings , and according to the word of god : for , these ( indeed ) carry no man beyond those bounds of good conscience , which are certaine and fixed , either in gods lawes , as to the generall ; or the lawes of the state and kingdome , as to the particular regulation and exercise of mens duties . i would to god , such , as glory most in the name of covenanters , would keepe themselves within those lawfull bounds , to which god hath called them : surely it were the best way to expiate the rashnesse of taking it : which must needs then appeare , when besides the want of a full and lawfull authority at first to enjoyne it , it shall actually be carried on beyond and against those ends which were in it specified and pretended . i willingly forgive such mens taking the covenant , who keep it within such bounds of piety , law , and loyalty , as can never hurt either the church , my selfe , or the publique peace : against which ; no mans lawfull calling can engage him . as for that reformation of the church , which the covenant pretends , i cannot think it just or comely , that by the partiall advice of a few divines , ( of so soft and servile tempers , as disposed them to so sudden acting and compliance , contrary to their former judgements , profession and practise ) such foule scandalls and suspitions should be cast upon the doctrine and government of the church of england , as was never done ( that i have heard ) by any that deserved the name of reformed churches abroad , nor by any men of learning and candour , at home : all whose judgments i cannot but perfer before any mens now factiously engaged . no man can be more forward than my selfe to carry on all due reformations , with mature judgement , and a good conscience , in what things i shall ( after impartiall advise ) be , by gods word , and right reason , convinced to be amisse , i have offered more than ever the fullest , freest , and wisest parliaments did desire . but the sequele of some mens actions makes it evident , that the main reformation intended , is the abasing of episcopacy into presbytery , and the robbing the church of its lands and revenues : for , no men have beene more injuriously used , as to their legall rights than the bishops and church-men . these , as the fattest deer , must be destroyed ; the other rascal-herd of schismes , heresies , &c. being lean , may enjoy the benefit of a toleration ▪ thus naboth's vineyard made him the onely blasphemer of this city , and fit to die . still i see , while the breath of religion fills the sailes , profit is the compasse , by which factious men steer their course in all seditious commotions . i thank god , as no man lay more open to the sacrilegious temptation of usurping the churches lands , and revenues , ( which issuing chiefly from the crowne , are held of it , and legally can revert onely to the crowne , with my consent ) so i have alwayes had such a perfect abhorrence of it in my soule , that i never found the least inclination to such sacrilegious reformings : yet no man hath a greater desire to have bishops and all church-men so reformed , that they may best deserve and use , not only what the pious munisicence of my predecessours hath given to god and the church , but all other additions of christian bounty . but no necssity shall ever , i hope , drive me or mine to invade or sell the priests lands , which both pharaoh's divinity , and ioseph's true piety abhorred to doe : so unjust i think it both in the eye of reason and religion , to deprive the most sacred imployment of all due encouragements ; and like that other hard-hearted pharaoh , to withdraw the straw , and encrease the taske ; so pursuing the oppressed church , as some have done , to the read sea of a civil warre , where nothing but a miracle can save either it , or him , who esteems it his greatest title to be called , and his chiefest glory to be the defender of the church , both in its true faith & its iust fruitions , equally abhorring sacriledge and apostacy , i had rather live as my predecessour henry sometime did ; on the churches alms , then violently to take the bread out of bishops and ministers mouthes . the next work will be ieroboam's reformation , consecrating the meanest of the people to be preists in israel , to serve those golden calves , who have enriched themselves with the churches patrimony and dowry ; which how it thrived both with prince , priests , and people , is well enough knowne : and so it will be here , when from the tuition of kings and queenes , which have been nursing fathers and mothers of this church , it shal be at their alowance , who have already discovered , what hard fathers , and stepmothers they will be . if the poverty of scotland might , yet the plenty of england , cannot excuse the envy and rapine of the churches rights and revenues . i cannot so much as pray god to prevent those sad consequences , which will inevitably follow the parity and poverty of ministers , both in church and state ; since i thinke it no lesse than a mocking and tempting of god , to desire him to hinder those mischiefs , whose occasions and remedies are in our own power ; it being every mans sin not to avoid the one , and not to use the other . there are wayes enongh to repair the breaches of the state without the ruins of the church ; as i would be a restorer of the one , so i would not be an oppressour of the other , under the pretence of publiqu● debts : the occasions contracting them were bad enough , but such a discharging of them would be much worse ; i pray god neither i , nor mine , may be accessary to either . to thee , o lord , doe i addresse my prayer , beseeching thee to pardon the rashnesse of my subiects swearings , and to quicken their sense and observation of those just , morall , and indispensable bonds , whi●h thy word , and the lawes of this kingdome have laid upon their consciences ; from which no pretensions of piety and reformation are sufficient to absolve them , or to engage them to any contrary practises . make them at length seriously to consider , that nothing violent and iniurious can be religious . thou allowest no mans committing sacriledge under the zeal of abhorring idolls . suffer not sacrilegious designs to have the countenance of religious ties . thou hast taught us by the wisest of kings , that it is a snare to take things that are holy , and after v●ws to make enquiry . ever keep thy servant from consenting to periurious and sacrilegious rapines , that i may not have the brand and curse to all posterity of robbing thee and thy church , of what thy bounty hath given us , and thy clemency hath accepted from us , wherewith to encourage learning and religion . though my treasures are exhausted , my revenues diminished ; and my debts encreased , yet never suffer me to be tempted to use such prophane reparations ; lest a coal from thine altar set such a fire on my throne and conscience as will be hardly quenched . let not the debs and engagements of the publique , which some mens folly and prodigality hath contracted , be an occasion to impoverish thy church . the state may soone recover , by thy blessing of peace upon us ; the church is never likely in times , where the charity of most men is grown so cold , & their religion so illeberall . continne to those that serve thee and thy church all those incouragements , which by the will of the pious donours , and the iustice of the laws are due unto them ; and give them grace to deserve and us● them aright to thy glory , and the releif of the poor ; that thy preists may be cloathed with righteousnesse , and the poor may be satisfyed with breád . let not holy things be given to swine ; nor the churches bread to dogs ; rather let them go about the city , grin like a dog , and grudg that they are not satisfyed , let those sacred morsells , which some men have already by violence devoured , never digest with them , nor theirs ; let them be as naboth's vineyard to ahab , gall in their mouths , rottennesse to their mames , a moth to their families , and a sting to their consciences . break in sunder , o lord , all violent and sacrilegious confederations , to doe wickedly and in●uriously . divide their hearts and tongues who have bandyed together against the church and state , that the folly of such may be manifest to all men , and proceed no further . but so favour my righteous dealing , o lord , that in the mercies of thee , the most high , i may never miscarry . . vpon the many jealousies raised , and scandals cast upon the king , to stir up the people against him ▪ if i had not my own innocency , and gods protection , it were hard for me to stand out against those stratagems and conflicts of malice , which by falsities seek to oppresse the truth ; and by jealousies to supply the defect of reall causes , which might seeme to justifie so unjust engagements against me. and indeed , the worst effects of open hostility come short of these designes : for , i can more willingly lose my crowne● , than my credit ; nor are my kingdoms , so dear to me , as my reputation and honour . those must have a period with my life ; but these may survive to a glorious kind of immortality , when i am dead and gon : a good name being the embalming of princes , & a sweet consecrating of them to an eternity of love & gratitude among posterity . those foule and false aspersions were secret engines at first employed against my peoples love of me : that undermining their opinion & value of me , my enemies ; and theirs too might at once blow up their affections , and batter down their loyalty . wherein yet , i thank god , the detriment of my honour is not so afflictive to me , as the sin and danger of my peoples souls , whose eye once blinded with such mists of suspicions , they are soon mis-led into the most desperate precipices of actions : wherein they do not only , not consider their sin and danger , but glory in their zealous adventures ; while i am rendred to them so fit to be destroyed , that many are ambitious to merit the name of my destroyers ; imagining they then fear god most , when they least honor their king. i thank god , i never found but my pity was above my anger ; nor have my passions ever so prevailed against me , as to exclude my most compassionate prayres for them , whom devout errours more than their own malice have betraied to a most religious rebellion . i had the charity to interpret , that most pa●● of my subjects fought against my supposed errours , not my person ; and intended to mend me , not to end me : and i hope that god , pardoning their errours , hath so farre accepted and answered their good intentions , that as he hath yet preserved me , so he hath by these afflictions prepared me , both to doe him better service , and my people more good , than hitherto i hav●don . i doe not more willingly forgive their seductions , which occasioned their loyall injuries then i am ambitious by all princely merits to redeem them from their unjust suspicions , and reward them for their good intentions . i am too conscious to my own affections toward the generality of my people , to suspect theirs to me ; nor shall the malice of my enemies ever be able to deprive me of the comfort , which that confidence gives me ; i shall never gratifie the spightfulnesse of a few with any sinister thoughts of all their allegiance , whom pious frauds have seduced . the worst some mens ambition can do , shall never perswade me , to make so bad interpretations of most of my subjects actions ; who possibly may be erroneous , but no● hereticall in point of loyaltie . the sense of the injuries done unto my subjects is as sharp , as those done to my selfe ; our welfares being inseparable ; in this onely they suffer more then my selfe , that they are animated by some seducers to injure at once both themselves and me. for this is not enough to the malice of my enemyes , that i be afflicted : but it must be don by such instruments , that my afflictions grieve me not more , then this doth , that i am afflicted by those , whose prosperity i earnestly desire , & whose seduction i heartily deplore . if they had been my open and forreign enemies , i could have born it ; but they must be my own subjects , who are , next to my children ; dear to me : and for the restoring of whose tranquility , i could willingly be the ionah ; if i did not evidently fore-see , that by the divided interests of their & mine enemies , as by contrary winds , the storm of their miseries would be rather encreased then allayed . i had rather prevent my peoples ruine then rule over them ; nor am i so ambitious of that dominion , which is but my right , as of their happinesse ; if it could expiate or countervaile such a way of obtaining it , by the highest injuries of subjects committed against their soveraign . yet i had rather suffer all the miseries of life , and dy many deaths , then shamefully to desert , or dishonourably to betray my own just rights and soveraignty ; thereby to gratify the ambition , or justifie the malice of my enemies ; between whose malice ; and other men mistakes , i put as great a difference , as betweene an ordinary ague and the plague ; or th● itch of novelty , and the leprosie of disloyalty . as lyars need have good memories , so malicious persons need good inventions ; that their calumnies may fit every mans fancy ; and what their reproaches want of truth , they may make up with number and shew . my patience ( i thank god ) will better serve me to bear , and my charity to forgive , then my leisure to answer the many false aspersions which some men have cast upon me. did i not more consider my subjects satisfaction , then my own vindication : i should never have given the malice of some men that pleasure , as to see me take notice of , or remember what they say , or object . i would leave the authors to be punished by their own evil manners and seared consciences , which will , i beleive , in a shorter time then they be aware of , both confute and revenge all those black and false scandals , which they have cast on me ; and make the world see , there is as little truth in them , as there was little worth in the broaching of them ; or civility ( i need not say loyalty ) in the not-suppressing of them ; whose credit & reputation , even with the people , shall ere long be quite blasted by the breath of that same fornace of popular obloquy and detraction , which they have studied to heat and inflame to the highest degree of infamy , & wherein they have sought to cast and consume my name and honour . first , nothing gave me more cause to suspect and search my owne innocency , then when i observed so many forward to engage against me , who had made great professions of singular piety ; for this gave to vulgar minds so bad a reflection upon me , and my cause , as if it had been impossible to adhere to me , and not withall part from god ; to think or speak well of me , and not to blaspheme him ; so many were perswaded that these two were utterly inconsistent , to be at once loyall to me , and truly religious toward god. not but that i had ( i thank god ) many with me , which were both learned and religious ( much above that ordinary size , and that vulgar proportion , wherein some men glory so much ) who were so well satisfied in the cause of my sufferings , that they chose rather to suffer with me , then forsake me. nor is it strange that so religious pretensions , as were used against me , should be to many wel-minded men a great temptation to oppose me ; especially , being urged by such popular preachers , as think it no sin to lie for god , and what they please to call gods cause , cursing all that will not curse with them ; looking so much at , and crying up the goodnesse of the end propounded , that they consider not the lawfullnesse of the means used , nor the depth of the mischief , chiefly plotted and intended . the weaknesse of these mens judgements must be made up by their clamours and activity . it was a great part of some mens religion to scandalize me & mine ; they thought theirs could not be true , if they cried not down mine as false . i thank god , i have had more triall of his grace , as to the constancy of my religion in the protestant profession of the church of england , both abroad , and at home , than ever they are like to have . nor do i know any exception , i am so liable to , in their opinion , as too great a fixednes in that religion , whose judicious & solid grounds , both from scripture , and antiquity , wil not give my conscience leave to approve or consent to those many dangerous and divided innovations , which the bold ignorance of some men would needs obtrud upon me , & my people . contrary to those well tried foundations both of truth , and order , which men of far greater learning , and clearer zeal , have setled in the confession and constitution of this church in england ; which many former parliaments in the most calme , and unpassionate times , have oft confirmed ; in which i shall ever , by gods help , persevere , as believing it hath most of primitive truth and order . nor did my using the assistance of some papists , which were my subjects , any way fight against my religion , as some men would needs interpret it : especially those who least of all men cared whom they imployed , or what they said , or did , so they might prevaile . 't is strange that so wise men , as they would be esteemed , should not conceive , that differences of perswasion in matters of religion may easily fall out , where there is the fameness of duty , allegiance , and subjection . the first they owe as men , and christians to god ; the second , they owe to me in common , as their king : different professions in point of religion , cannot ( any more than in civill trades ) take away the community of relations either to parents , or to princes : and where is there such an oglio or medley of various religions in the world again , as those men entertaine in their service ( who find most fault with me ) without any scruple , as to the diversity of their sects and opinions ? it was , indeed , a foule and indelible shame , for such as would be counted protestants , to enforce me , a declared protestant , their lord & king , to a necessary use of papists , or any other , who did but their duty to help me to defend my selfe . nor did i more than is lawfull for any king , in such exigents to use the aid of any his subjects . i am sorry the papists should have a greater sense of their allegiance , than many protestant professors ; who seem to have learned , & to practise the worst principles of the worst papists . indeed , it had bin a very impertinent and unseasonable scruple in me , ( and very pleasing no doubt to my enemies ) to have been then disputing the points of different beliefs in my subjects , when i was disputed with by swords points ▪ and when i needed the help of my subjects as men , no lesse then their prayers as christians . the noise of my evill councellours was another usefull device for those , who were impatient any mens counsels but their owne , should be followed in church or state ; who were so eager in giving me better counsel , that they would not give me leave to take it with freedome , as a man , or honour , as a king ; making their counsels more like a drench that must be powred down , then a draught which might be fairly and leisurely drank , if i liked it . i will not justifie beyond humane errours and frailties my selfe , or my counsellours : they might be subject to some miscariages , yet such as were far more reparable by second and better thoughts , than those enormous extravagances , where with some men have now even wil dred and almost quite lost both church and state. the event of things at last will make it evident to my subjects , that had i followed the worst couucels , that my worst counsellours ever had the boldnesse to offer to me , or my self any inclination to use ; i could not so soon have brought both church and state in three flourishing kingdomes , to such a chaos of confusions , and hell of miseries , as some have done ; out of which they cannot , or will not in the midst of their many great advantages ; redeeme either me or my subjects . no men were more willing to complaine , than i was to redresse what i saw in reason was either done or advised amisse ; and this i thonght i had done , even beyond the expectation of moderate men ; who were sorry to see me prone even to injure my self , out of a zeal to releive my subjects . but other mens insatiable desire of revenge upon me , my court , and my clergy ; hath wholly beguiled both church and state , of the benefit of all my , either retractations , or concessions ; & , withall , hath deprived all those ( now so zealous persecutors ) both of the comfort & reward of their former pretended persecutions , wherein they so much gloryed among the vulgar ; and which , indeed , a truly humble christian will so highly prize , as rather not be relieved , then be revenged , so as to be bereaved of that crowne of christian patience , which attends humble & injured sufferers . another artifice used to withdraw my peoples affections from me , to their designes , was , the noise and ostentation of liberty , which men are not more prone to desire , then unapt to bear in the popular sense , which is to do what every man likes best . if the divinest liberty be to will what men should , & to do what they so will , according to reason ; lawes , and religion ; i envy not my subjects that liberty , which is all i desire to enjoy my self ; so far am i from the desire of oppressing theirs : nor were those lords & gentlemen which assisted me , so prodigall of their liberties , as with their lives and fortunes to help on the enslaving of themselves and their posterities . as to civill immunities , none but such as desire to drive on their ambitious and covetous designes over the ruines of church and state , prince , peers , and people , wil never desire greater freedoms then the laws alow , whose bounds good men count their ornament & protection ; others , their menacles and opression . nor is it just any man should expect the reward & benefit of the law , who despiseth its rule and direction , losing justly his safety , while he seeks an unreasonable liberty . time will best inform my subjects , that those are the best preserver of their true liberties , who allow themselves the least licentiousness against , or beyond the laws . they will feele it at last to their cost , that it is impossible those men should be really tender of their fellow-subjects libertyes , who have the hardinesse to use their king with so severe restraint , against all laws , both divine and humane , under which ; yet , i wil rather perish , then complain to those , who want nothing to compleat their mirth , and triumph , but such musick . in point of true consciencious tendernes ( attended with humility and meeknes , not with proud & arrogant activity , which seeks to hatch every egge of different opinion to a faction or schisme ) i have oft declared , how little i desire my laws and scepter should intrench on gods soveraignty , which is the only king of mens consciences ; and yet he hath laid such restraints upon men , as commands them to be subject for conscience sake , giving no men liberty to break the law established , further then with meeknes and patience , they are content to suffer the penalties annexed , rather then perturb the publick peace . the truth is , some men thirst after novelties , others despaire to relieve the necessities of their fortunes , or satisfie their ambition , in peaceable times , ( distrusting gods providence , as well as their own merits ) were the secret ( but principal ) impulsives to those popular commotions , by which subjects have been discharged to expend much of those plentifull estates they got & enjoyed under my government , in peaceable times ; which yet must now be blasted with all the odious reproaches , which impotent malice can invent ; & my self exposed to all those contempts , which may mostdiminish the majesty of a king , and encrease the ungratefull insolencies of my people . for mine honour , i am wel assured , that as mine innocency is clear before god ; in point of of any calumnies they object ; so my reputation shall like the son ( after owles and bats have had their freedome in the night and darker times ) rise and recover it selfe to such a degree of splendour , as those ferall birds shall be greived to behold , and unable to bear . for never were any princes more glorious thē those whom god hath suffer'd to be tried in the fornace of afflictions , by their injurious subjects . and who knows but the just and merciful god will do me good , for some mens hard , false & evill speeches against me ; wherein they spake rather what they wish , than what they believe or know . nor can i suffer so much in point of honour , by those rude and scandalous pamphlets ( which like fire , in great conflagration● , fly up & down to set all places on like flames ) than those men do , who pretending to so much piety , are so forgetfull of their duty to god and me : by no way ever vindicating the majesty of their king against any of those , who , contrary to the precept of god , and precedent of angels , speak evill of dignityes , and bring rayling accusations agaynst those , who are honoured with the name of gods. but 't is no wonder , if men not fearing god , should not honour their kings they will easily contemn such shaddowes of god , who reverence not that supreme , and adorable majesty ; in comparison of whom all the glory of men & angels is but obscurity ; yet hath he graven such characters of divine authority , and sacred power upon kings , as none may without sin seek to blot them out . nor shal their black veiles be able to hide the shining of my face , while god gives me a heart frequently & humbly to converse with him , from whom alone are all the traditions of true glory and majesty . thou , o lord , knowest my reproach , and my dishonour , my adversaries are all before thee . my soule is among lyons , among them that are set on fire , even the suns of men ; whose teeth are spears and arrows , their tongue a sharp sword . mine enemies reproach me all the day long , and those that are mad against me are sworn together . o my god , how long shall the sons of men turne my glory into shame ? how long shall they love vanity , and seek after lies ? thou hast heard the reproaches of wicked men on every side . hold not thy peace , least my enemies prevaile against me , and lay mine honour in the dust . thou , o lord , shalt destroy them that speak lies : the lord will abhor both the bloud thirsty , and deceitfull men . make my righteousnesse to appear as the light , and mine innocency to shine forth as the sun at noone day . suffer not my silence to betray mine innocence , nor my displeasure , my patience ; that after my saviours example , being reviled , i may not revile againe ; & , being cursed by them , i may blesse them . thou that wouldst not suffer shimei's tongue to go unpunished , when by thy iudgements on david he might seem to iustifie his disdainfull reproaches , give me grace to intercede with thy mercy for these my enemies , that the reward of false and lying tongues , even hot burning coals of eternall fire , may not be brought upon them . let my prayers , and patience , be as water to coole and quench their tongues , who are already set on fire with the fire of hell , and tormented with those malicious flames . let me be happy to refute , and put to silence their evill-speaking by well-doing ; and let them enioy not the fruit of their lips , but of my prayer for their repentance , and thy pardon . teach me davids patience and hezekiahs devotion , that i may look to thy mercy through mans malice , and see thy iustice in their sin . let sheba's seditious speeches , rabsheka's railing , & shemei's cursing , provoke , as my humble prayer to thee , so thy renewed blessing toward me. though they curse , do thou blesse , and i shall be blessed ; and made a blessing to my people . that the stone , which some builders refuse , may become the head-stone of the corner . looke downe from heaven , and save me , from the reproach of them that would swallow me up . hide me in the secret of thy presence , from the pride of man , & keep me from the strife of tongues . . vpon the ordinance against the common-prayer-booke . it is no news to have all innovations ushered in with the name of reformations in church and state , by those , who , seeking to gaine reputation with the vulgar for their extraordinary parts and piety , must needs undoe whatever was formerly setled never so well and wisely . so hardly can the pride of those that study novelties , allow former times any share or degree of wisdome or godlinesse . and because matter of prayer and devotion to god justly beares a great part in religion , ( being the souls more immediate converse with the divine majesty ) nothing could be more plausible to the peopl than to tel them , they served god amisse in that point . hence our publique liturgy or formes of constant prayers must be ( not amended , in what upon free and publique advice might seeme to sober men inconvenient for matter or manner , to which i should easily consent , but ) wholly cashiered and abolished ; and , after many popular contempts offered to the booke , and those that used it according to their consciences , and the lawes in force , it must be crucified by an ordinance , the better to please either those men , who gloried in their extemporary veyn and fluency ; or others , who , conscious to their own formality in the use of it , thought they fully expiated their sin of not using it aright , by laying all the blame upon it , and a totall rejection of it as a dead letter , thereby to excuse the deadness of their hearts . as for the matter contained in the book , sober & learned men have sufficiently vindicated it against the cavils and exceptions of those , who thought it a part of piety to make what profan objections , they could against it , especially for popery & superstition ; whereas no doubt , the liturgy was exactly conformed to the doctrine of the church of engl. and this by all reformed churches is confessed to be most sound and orthodox . for the manner of using set & prescribed formes , there is no doubt but that wholsome words being known & fitted to mens understandings , are soonest received into their hearts , and aptest to excite and carry along with them judicious and fervent affections . nor doe i see any reason why christians should be weary of a wel-composed liturgy ( as i hold this to be ) more than of all other things , wherein the constancy abates nothing of the excellency and usefulnesse . i could never see any reason , why any christian should abhor , or be forbidden to use the same forms of prayer , since he prayes to the same god , believes in the same saviour , professeth the same truths , reads the same scriptures , hath the same duties upon him , and feels the same daily wants for the most part , both inward & outward , which are common to the whole church . sure we may as wel before-hand know what we pray , as to whom we pray ; & in what words , as to whatsense ; when we desire the same things , what hinders we may not use the same words ? our appetite and disgestion too may be good when we use , as we pray for , our daily bread . some men , i heare , are so impatient not to use in all their devotion their own invention , and gifts , that they not only disuse ( as too many ) but wholly cast away & contemn the lords prayer ; whose great guilt is , that it is the warrant & originall pattern of all set liturgies , in the christian church . i ever thought that the proud ostentation of mens abilities for invention , and the vain affectations of variety for expressions , in publique prayer , or any sacred administrations , merits a greater brand of sinne , than that which they call coldnesse and barrennesse : nor are men in those noveltyes lesse subject to formall and superficiall tempers ( as to their hearts ) than in the use of constant formes , where not the words , but mens hearts are too blame . i make no doubt but a man may be very formal in the most extemporary variety ; and very fervently devout in the most wonted expressions : nor is god more a god of variety , than of constancy : nor are constant forms of prayers more likely to flat , & hinder the spirit of prayer , & devotion , than un-premeditated & confused variety to distract , and lose it . though i am not against a grave , modest , discreet , & humble use of ministers gifts , even in publique , the better to fit , & excite their own , & the peoples affections to the present occasions ; yet i know no necessity why private and single abilityes should quite justle out , and deprive the church of the joynt abilityes & concurrent gift of many learned and godly men ; such as the composers of the service booke were ; who may in all reason be thought to have more of gifts and graces enabling them to compose with serious deliberation & concurrent advise , such forms of prayers , as may best fit the churches common want , inform the hearers understanding ; and stir up that fiduciary and fervent application of their spirits , ( wherein consists the very life and soul of prayer , and that so much pretended spirit of prayer ) than any private man by his solitary abilities can be presumed to have ; which , what they are many times ( even there , where they make a great noise and shew ) the affectations , emptinesse , impertinency , rudenesse , confusions , flatnesse , levity , obscurity , vain , and ridiculous repititions , the senselesse , and oft-times blasphemous expressions ; all these burthened with a most tedious and intolerable length , do sufficiently convince all men , but those who glory in that pharisaick way . wherein men must be strangely impudent , and flatterers of themselves , not to have an infinite shame of what they so do and say , in things of so sacred a nature , before god & the church , after so ridiculous , & indeed , profane a manner . nor can it be expected , but that in dutyes of frequent performance , as sacramentall administrations , and the like , which are stil the same , ministers must either come to use their own forms constantly which are not like to be sound , or comprehensive of the nature of the duty , as forms of publick composure ; or else they must euery time affect new expressions when the subject is the same ; which can hardly be presumed in any mans greatest sufficiencyes not to want ( many times ) much of that compleatnesse , order and gravity , becomming those duties , which by this means are exposed at every celebration to every ministers private infirmities , indispositions , errours , disorders , & defects ; both for judgment and expression . a serious sense of which inconvenience in the church unavoidably following every mans severall manner of officiating , no doubt , first occasioned the wisdom & piety of the ancient churches , to remedy those mischiefs , by the use of constant lyturgies of publick composure . the want of which i believe this church will sufficiently feel , when the unhappy fruits of many mens un-governed ignorance , and confident defects , shall be discovered in more errours , scismes , disorders , and uncharitable distractions in religion , which are already but too many ; the more is the pity . however , if violence must needs bring in , and abet those innovations , ( that men may not seem to have nothing to do ) which law , reason , & religion forbids , at least to be so obtruded , as wholy to justle out the publick lyturgy . yet nothing can excuse that most unjust and partiall severity of those men , who either lately had subscribed to , used and maintained the service-book ; or refusing to use , it cryed out of the rigour of the laws and bishops , which suffered them not to use the liberty of their consciences , in not using it . that these men ( i say ) should so suddenly change the lyturgie into a directory , as if the spirit needed help for invention , though not for expressions ; or as if matter prescribed did not as much stint and obstruct the spirit , as if it were cloathed in , and confined to , fit words : ( so slight and easie is that legerdemain which will serve to delude the vulgar . ) that further , they should use such severity as not to suffer , without penalty , any to use the common-prayer-book publickly , although their consciences binde them to it , as a duty of piety to god , and obedience to the laws . thus i see , no men are prone to be greater tyrants , and more rigorus exacters upon others to conform to their illegall novelties , then such , whose pride was formerly least disposed to the obedience of lawfull constitutions ; and whose licentious humours , most pretended conscientious liberties ; which freedome , with much regret , they now allow to me , and my chaplains , when they may have leave to serue me ; whose abilities , euen in their extemporary way , come not short of the other ▪ but their modesty and learning far exceeds the most of them . but this matter is of so popular a nature , as some men knew it would not bear learned and sober debates , least , being convinced by the evidence of reason , as well as laws , they shoul● have been driven either to sinne more agains● their knowledge , by taking away the lyturgy ▪ or to displease some faction of the people by continuing the use of it . though i believe they have offended more considerable men , not only for their numbers & estate , but for their weighty and judicious piety , than those are , whose weaknes or giddines they sought to gratifie by taking it away . one of the greatest faults some men found with the common-prayer-book , i beleive , was this , that it taught them to pray so oft for me ; to which petitions they had not loyalty enough to say amen , nor yet charity enough to forbear reproaches , and even cursings of me in their own forms , instead of praying for me. i wish their repentance may be their only punishment ; that seeing the mischiefs which the disuse of publique liturgyes hath already produced , they may restore that credit , use , and reverence to them , which by the ancient churches were given to set formes of sound and wholsome words . and thou , o lord , which art the same god , blessed for ever : whose mercies are full of varie y ; & yet of constancy ; thou denyest us not a new & fresh sense of our old and dayly wants : nor despisest renued affections ioyned to constant expressions . let us not want the benefit of thy churches united & wel-advised devotions . let the matters of our prayers be agreeable to thy will ▪ which is alwaies the same ; and the fervency of our spirits to the motions of thy holy spirit in us . and then we doubt not , but thy spirituall perfections are such , as thou art neither to be pleased with affected novelties for matter or manner , nor offended with the pious constancy of our petitions in them both . whose variety or constancy thou hast no where either forbidden or commanded , but left them to the piety and prudence of thy church , that both may be used , neither dispised . keep men in that pious moderation of their iudgments in matters of religion ; that their ignorance may not offend others , nor their opinion of their own abilities tempt them to deprive others of what they may lawfully and devoutly use , to help their infirmities . and since the advantage of errour consists in novelty and variety , as truths in unity and constancy , suffer not thy church to be pestered with errours , and diformed with undecencies in thy service , under the pretence of variety and novelty . nor to be deprived of truth , unity , and order , under this fallacy , that constancy is the cause of formality . lord keep us from formall hypocisie in our own hearts , and then we know that praying to thee , or praising of thee ( with david , and other holy men ) in the same formes cannot hurt us . give us wisdome to amend what is amisse within us , and there will be lesse to mend without us . evermore defend and deliver thy church from the effects of blind zeal , and over-bold devotion . . of the differences betweene the king and the two houses , in point of church-government . touching the government of the church by bishops , the common jealousie hath bin , that i am earnest and resolute to maintain it , not so much out of piety , as policy , and reason of state. wherein so far indeed reason of state doth induce me to approve that government above any other , as i find it impossible for a prince to preserve the state in quiet , unlesse he hath such an influence upon church-men , and they such a dependance on him , as may best restraine the seditions exorbitances of ministers tongues ; who with the keys of heaven have so far the keys of the peoples hearts , as they prevaile much by their oratory to let in , or shut out , both peace and loyalty . so that , i being ( as king ) intrusted by god , & the laws , with the good both of church and state ; i see no reason i should give up , or weaken by any change , that power and influence which in right and reason i ought to have over both . the moving bishops out of the house of peers ( of which i have elsewhere given an account ) was sufficient to take off any suspicion , that i encline to them for any use to be made of their votes in state affairs : though indeed i never thought any bishop worthy to sit in that house , who would not vote according to his conscience . i must now in charity be thought desirous to preserve that government in its right constitution , as a matter of religion ; wherein both my judgement is justly satisfyed , that it hath of all other the fullest scripture grounds , and also the constant practise of all christian churches ; til of late years , the tumultuarinesse of people , or the factiousnesse and pride of presbyters , or the covetousnesse of some states and princes , gave occasion to some mens wits to invent new modells , aud propose them under specious titles of christs government , scepter , and kindome ; the better to serve their turns , to whom the change was beneficiall . they must give me leave , having none of their temptations to invite me to alter the government of bishops , ( that i may have a title to their estates ) not to believe their pretended grounds to any new wayes : contrary to the full , and constant testimony of all histories , sufficiently convincing unbiased men ; that as the primitive churches were undoubtedly governed by the apostls and their immediate successors first & best bishops ; so it cannot in reason or charity be supposed , that al churches in the world should either be ignorant of the rule by thē prescribed , or so soon deviate from their divine and holy patterne : that since the first age , for . years not one example can be produced of any setled church , wherein were many ministers and congregations , which had not some bishop above them , under whose jurisdiction and government they were . whose constant and universall practise agreeing with so large , and evident scripture-directions , and examples , as are set down in the epistles to timothy and titus , for the setling of that government , not in the persons only of timothy and titus , but in the succession ; ( the want of government being that , which the church can no more dispense with , in point of wel-being , then the want of the word & sacraments , in point of being ) i wonder how men came to look with so envious an eye upon bishops power and authority , as to oversee both the ecclesiasticall use of them , and apostolicall constitution : which to me seems no lesse evidently set forth as to the maine scope & design of those epistles ; for the setling of a peculiar office , power , and authority in them as president-bishops above others , in point of ordination , censures , and other acts of ecclesiasticall discipline ; then those shorter characters of the qualities and duties of presbiter-bishops , and deacons , are described in some parts of the same epistles , who in the latitude and community of the name , were then , and may now not improperly be called bishops , as to the oversight and care of single congregations , committed to them by the apostles , or those apostolicall bishops , who ( as timothy and titus ) succeeded them in that ordinary power , there assigned over larger divisions , in which were many presbyters the humility of those first bishops avoiding the eminent title of apostles , as a name in the churches stile appropriated from its common notion ( of a messenger or one sent ) to that speciall dignity which had extraordinary call , mission , gifts , and power immediatly from christ : they contented themselves with the ordinary titles of bishops and presbyters ; untill use , ( the great arbitrator of words , and master of language ) finding reason to distinguish by a peculiar name those persons , whose power and office , were indeed distinct from , and above all other in the church , as suceeding the apostles in the ordinary and constant power of governing the churches , ( the honour of whose name they moderately , yet commendably declined ) all christian churches ( submitting to that special anthority ) appropriated also the name of bishop , without any suspition or reproach of arrogancy , to those who were by apostolical propagation rightly descended & invested into that highest & largest power of governing even the most pure & primitive churches : which , without all doubt , had many such holy bishops , after the pattern of timothy & titus ; whose speciall power is not more clearly set down in those epistles ( the chief grounds & limits of all episcopall claim , as from divine right ) then are the characters of these perilous times , & those men that make them such , who , not enduring sound doctrine , & clear testimonies of all churches practise , are most perverse disputers , and proud usurpers , against true episcopacy : who , if they be not traytors and boasters , yet they seem to be very covetous , heady , high-minded ; inordinate & feirce , lovers of themselves , having much of the form , litle of the power of godlines . who , by popular heaps of weak , light , and unlearned teachers , seeke to over-lay & smother the pregnancy and , authority of that power of episcopall government , which ; beyond al equivocation & vulgar fallacy of names , is most convincingly set forth , both by scripture , and all after-historyes of the church . this i write rather like a divine , than a prince that posterity may see , ( if ever these papers be publick ) that i had fair grounds both from scripture-canons , & ecclesiasticall examples , whereon my judgment was stated for episcopall government . nor was it any policy of state , or obstinacy of wil , or partiality of affection , either to the men , or their function which fixed me ; who cannot in point of worldly respects be so considerable to me as to recompence the injuries and losses i , and my dearest relations with my kingdomes , have sustained , and hazarded , chiefly , at first , upon this quarrell . and not only in religion , of which scripture is the best rule , and the churches vniversall practice the best commentary , but also in right reason , and the true nature of government , it cannot be thought that an orderly subordination among presbyters , or ministers , should be any more against christianity , then it is in all secular and civill governments , where parity breeds confusion and faction . i can no more believe , that such order is inconsistent with true religion , then good features are with beauty , or numbers with harmony . nor is it likely that god , who appointed severall orders , and a prelacy , in the government of his church , among the jewish priests , should abhor or forbid them among christian ministers ; who have as much of the principles of schisme and division as other men ; for preventing and suppressing of which , the apostolicall wisdom ( which was divine ) after that christians were multiplied to many congregations , and presbyters with them , appointed this way of government , which might best preserve order and union with authority . so that i conceive it was not the favour of princes , or ambition of presbyters , but the wisdome and piety of the apostles , that first setled bishops in the church ; which authority they constantly used , and injoyed in those times , which were purest for religion , though sharpest for persecution . not that i am against the managing of this presidency and authority in one man ; by the joynt counsell and consent of many presbyters : i have offerd to restore that , as a fit means to avoid those errours , corruptions , and partialities , which are incident to any one man ; also to avoyd tyranny , which becomes no christians , least of all church-men ; besides , it will be a means to take away that burden , and odium of afaires , which may lie too heavy on one mans shoulders , as indeed i think it formerly did on the bishops here . nor can i see what can be more agreeable both to reason and religion , then such a frame of government which is paternall , not magisterial ; and wherein not only the necessity of avoyding faction and confusion , emulations and cont●mps , which are prone to rise among equals in power and function ▪ but also the differences of some ministers gifts , and aptitudes for government above others , doth invite to imploy them , in reference to those abilities , wherein they are eminent . nor is this judgment of mine , touching episcopacy , any pre-occupation of opinion , which wil not admit any oppositions against it : it is well knowne i have endeavoured to satisfie my self in what the chiefe patrons for other wayes can say against this , or for theirs : and i finde they have , as sarr lesse of scripture grounds , and of reason ; so for examples , and practise of the church , or testimonies of histories , they are wholy destitute , where in the whose stream runs so for episcopacy , that there is not the least rivolet for any others . as for those obtruded examples of some late reformed churches , ( for many retain bishops still ) whom necessity of times and affaires rather excuseth , then commendeth for their inconformity to all antiquity ; i could never see any reason why churches orderly reformed and governed by bishops should be forced to conforme to those few , rather then to the catholick example of all ancient churches , which needed no reformation ; and to those churches at this day , who , governed by bishops in all the christian world , are many more then presbyterians or independents can pretend to be ; all whom the churches in my three kingdoms , lately governed by bishops , would equalize ( i think ) if not exceed . nor is it any point of wisdom or charity , where christians differ , ( as many do in some points ) there to widen the differences , & at once to give all the christian world ( except a handfull of some protestants ) so great a scandall in point of church-government ; whom though you may convince of their errours in some points of doctrine , yet you shal never perswade them , that to compleat their reformation , they must necessarily desert , and wholly cast off that government , which they , and all before them have ever owned as catholick , primitive , and apostolicall : so farre , as never schismaticks , nor hereticks , ( except those aerians ) have strayed from the vnity , and conformity of the church in that point , ever having bishops above presbyters . besides , the late generall approbation and submission to this government of bishops , by the clergy , as well as the laity of these kindoms , is a great confirmation of my judgement ; and their inconstancy is a great prejudice against their novelty ; i cannot in charity so far doubt of their learning or integrity , as if they understood not what heretofore they did , or that they did confirme contrary to their consciences ; so that their facility and levity is never to be excused , who , before ever the point of church-government had any free and impartiall debate , contrary to their former oathes and practice , against their obedience to the laws in force , and against my consent , have not only quite cryed down the government by bishops ; but have approved and incouraged the violent and most illegall stripping all the bishops , and many other church-men , of all their due authority and revenues , even to the selling away , & utter alienation of those church-lands from any ecclesiastical uses : so great a power hath the stream of times , & the prevalency of parties over some mens judgements ; of whose so sudden and so total change little reason can be given , besides the scots army comming into england . but the folly of these men will at last punish it self , and the desertors of episcopacy will appear the greatest enemies to , & betrayers of their own interest : for presbytery is never so considerable or effectuall , as when it is joyned to , and crowned with episcopacy . all ministers will find as great a difference in point of thriving , between the favour of the people & of princes , as plants do betweene being watered by hand , or by the sweet and liberal dews of heaven . the tenuity and contempt of clergy-men wil soon let them see , what a poor carcasse they are , when parted from the influence of that head , to whose supremacy they have been sworn . a little moderation might have prevented great mischiefs ; i am firm to primitive episcopacy , not to have it extirpated , ( if i can hinder it . ) discretion without passion might easily reform , whatever the rust of times , or indulgence of laws or corruption of manners have brought upon it . it being a grosse vulgar errour to impute to , or revenge upon the function the faults of times , or persons ; which seditious & popular principle , and practise all wise men abhor . for those secular additaments & ornaments of authority , civill honor & estate , which my predecessors , & christian princes in al countries have annexed to bishops & church-men , i look upon them but as just rewards of their learning , and piety , who are fit to be in any degree of church-government ; also enablements to works of charity , and hospitality , meet strengthenings of their authority in point of respect , and observance ; which in peaceable times is hardly payed to any governours by the measure of their vertues , so much as by that of their estates ; poverty and meannesse exposing them and their authority to the contempt of licentious minds , and manners ; which persecuting times much restrained . i would have such men bishops , as are most worthy of those incouragements , and best able to use them : if at any time my judgement of men failed , my good intention made my errour veniall : and some bishops , i am sure , i had , whose learning , gravity , and piety , no men of any worth or forehead can deny : but of all men , i would have church-men , especially the governours to be redeemed from that vulgar neglect , which ( besides an innate principle of vitious opposition , which is in all men against those that seem to reprove , or restrain them ) will necessarily follow both the presbyterian party , which makes all ministers equall ; and the independent inferiority , which sets their pastors below the people . this for my judgment touching episcopacy ; wherein ( god knows ) i do not gratifie any design or passion with the least perverting of truth . and now i appeal to god above , and all the christian world , whether it be just for subjects , or pious for christians ; by violence , & infinite indignities , with servile restraints to seek to force me their king and soveraign , as some men have endeavoured to do , against al these grounds of my judgment , to consent to their weake and divided noveltis . the greatest pretender of them desires not more then i do , that the church should be governed , as christ hath appointed , in true reason ; and in scripture ; of which i could never see any probable shew for any other wayes , who either content themselves with the examples of some churches in their infancy & solitude , when one presbyter might serve one congregation , in a city or country ; or else they deny these most evident truths , that the apostles were bishops over those presbyters they ordained , as wel as over the churches they planted ; and that government , being necessary for the churches wel-being , when multiplyed & sociated , must also necesarily descend from the apostles to others , after the example of that power and superiority , they had above others ; which could not end with their persons ; since the use and ends of such government still continue . it is most sure , that the purest primitive and best churches flourished under episcopacy ; & may so still , if ignorance , superstition , avarice , revenge , and other disorderly and disloyall passions had not so blown up some mens minds against it , that what they want of reasons or primitive patterns , they supply with violence and oppression , wherein some mens zeal for bishops lands , houses , & revenues hath set them on work to eat up episcopacy : which ( however other men esteeme ) to me is no lesse sin , then sacriledge ; or a robbery of god ( the giver of all we have ) of that portion which devout minds have thankfuly given again to him , in giving it to his church and prophets ; through whose hands he graciously accepts even a cup of cold water , as a libation offered to him - furthermore , as to my particular engagement above other men , by an oath agreeable to my judgment i am solemnly obliged to preserve that government , and the rights of the church were . i convinced of the unlawfulnes of the function , as antichristian , ( which some men boldly but weakly calumniate ) i could soon , with judgement , break that oath , which erroneously was taken by me. but being daily by the best disquisition of truth , more confirmd in the reason & religion of that to which i am sworn ; how can any man that wisheth not my damnation , perswade me at once to so notorious and combined sins , of sacriledg and perjury ? besides the many personall injustices i must doe to many worthy men , who are as legally invested in the ir estates , as any , who seek to deprive thē ; and they have by no law , been convicted of those crimes , which might forfeit their estates & livelyhoods . i have oft wondred how men pretending to tendernes of conscience , and reformation , can at once tell me , that my coronation oath binds me to consent to whatsoever they shall propound to me , ( which they urge with such violence ) though contrary to all that rationall and religious freedom which every man ought to preserve ; and of which they seem so tender of their own votes ; yet at the same time these men will needs perswade me that i must , and ought to dispense with , and roundly break that part of my oath , which binds me ( agreeable to the best light of reason and religion i have ) to maintain the government , and legall rights of the church . 't is strange my oath should be valid in that part , which both my self , and all men in their own case , esteem injurious & unreasonable , as being against the very natural and essentiall liberty of our souls ; yet it should be invalid , and to be broken in another clause , wherein i think my self justly obliged , both to god & man. yet upon this rack chiefly have i been held so long , by some mens ambitious covetousnesse , and sacrilegious cruelty ; torturing ( with me ) both church and state , in civill dissentions ; till i shall be forced to consent , and declare that i doe approve , what ( god knowes ) i utterly dislike , and in my soul abhorre as many wayes highly against reason , justice , and religion : and whereto , if i should shamefully and dishonourably give my consent ; yet should i not by so doing , satisfie the divided interests and opinions of those parties , which contend with each other , as well as both against me and episcopacy . nor can my late condesending to the scots in point of church-government , be rightly objected against me , as an inducement for me , to consent to the like in my other kingdoms ; for it should be considered that episcopacy was not so rooted and setled there , as 't is here ; nor i ( in that respect ) so strictly bound to continue it in that kingdom as in this ; for what i think in my judgement best , i may not think so absolutly necessary for all places , and at all times . if any shall impute my yeelding to them , as my failing and sin , i can easily acknowledge it , but that is no argument to do so again , or much worse ; i being now more convinced in that point : nor indeed hath my yeelding to them bin so happy and successefull as to incourage me to grant the like to others . did i see any thing more of christ , as to meeknesse , justice , order , charity , and loyalty in those that pretend to other modes of government , i might suspect my judgement to be biased , or fore-stalled with some prejudice & wontednes of opinion ; but i have hitherto so much cause to suspect the contrary in the manners of many of those men , that i cannot from them gain the least reputation for their new wayes of government . nor can i find that in any reformed churches ( whose paterns are so cryed up , and obtruded upon the churches under my dominion ) that either learning , or religion , works of piety or charity , have so flourished beyond what they have done in my kingdomes ( by gods blessing ) which might make me beleive either presbytery or independency have a more benigne influence upon the church and mens hearts and lives , than episcopacy in its right constitution . the abuses of which , deserve to be extirpated , as much as the use retained ; for i think it far better to hold to primitive & uniform antiquity , than to comply with divided novelty . a right episcopacy would at once satisfie all just desires and interests of good bishops , humble presbyters , and sober people ; so as church affairs should be managed neither with tyranny , purity , nor popularity ; neither bishops ejected , nor presbiters despised , nor people oppressed . and in this integrity both of my judgment & conscience , i hope god will preserve me. for thou , o lord , knowest my uprightnesse , and tendernesse , as thou hast set me to be a defender of the faith , and a protector of thy church , so susser me not by any violence , to be overborn against my conscience . arise , o lord , maintaine thine own cause , let not thy church be deformed ; as to that government , which derived from thy apostles , hath been retained in purest and primitive times , till th● revenues of the church became the obiect of secular envy ; which seeks to rob it of all the incouragements of learning and religion . make me , as the good samaritan , compassionate , and helpfull to thy afflicted church ; which some men have wounded and robbed ; others passe by without regard , either to pitty , or relieve . as my power is from thee , so give me grace to use it for thee . and though i am not suffered to be master of my other rights as a king , yet preserve me in that liberty of reason , love of religion , and thy churches welfare ; which are fixed in my censcience as a christian . preserve , from sacrilegious invasions , those temporall blessings , which thy providence hath bestowed on thy church for thy glory . forgive their sinnes and errours , who have deserved thy iust permission , thus to let in the wilde boar and subtill foxes , to wast and deforme thy vineyard , which thy right hand hath planted , and the dew of heaven so long watred to a happy and flourishing estate . o let me not bear the infamous brand to all posterity of being the the first christian king in this kingdom , who should consent to the oppressions of thy church , and the fathers of it ; whose errours i would rather , with constantine , cover with silence , and reform with meeknesse , than expose their persons , and sacred functions to vulgar contempt . thou , o lord , seest how much i have suffered with , and for thy church ; make no long tarrying o my god , to deliver hoth me , and it , from unreasonable men ; whose counsels have brought forth and continue such violent confusions , by a precipitant destroying the ancient boundaries of thy churches peace ▪ thereby letting in all manner of errours , schismes , and disorders . o thou god , of order , and of truth , in thy good time , abate the malice , aswage the rage , and confound all the mischievous devices of thine , mine , and thy churches enemies . that i , and all that love thy church , may sing praises to thee , and ever magnifie thy salvation , even before the sons of men . vpon vxbridge-treaty , and other offers made by the king : i look upon the way of treaties , as a retiring from fighting like beasts , to arguing like men ; whose strength should be more in their understandings , than in their limbs . and though i could seldome get opportunities to treat , yet i never wanted either desire or disposition to it ; having greater confidence of my reason , than my sword : i was so wholly resolved to yeeld to the first , that i thought neither my selfe , nor others , should need to use the second , if once we rightly understood each other . nor did i ever think it a diminution of me , to prevent them with expresses of my desires , and even importunities to treat : it being an office , not onely of humanity , rather to use reason , than force ; but also of christianity to seek peace and ensue it . as i was very unwillingly compelled to defend my self with arms , so i very willingly embraced any thing tending to peace . the events of all war by the sword being very dubious , and of a civill vvarre uncomfortable ; the end had hardly recompencing , & late repairing the mischief of the means . nor did any successe i had ever , enhance with me the price of peace ; as earnestly desired by me as any man ; though i was like to pay dearer for it then any man : all that i sought to reserve was , mine honour , and my conscience ; the one i could not part with as a king , the other as a christian . the treaty at uxbridge gave the fairest hopes of an hapdy composure ; had others applyed them selvs to it with the same moderatiō , as i did , i am confident the war had then ended . i was willing to condescend , as far as reason , honour , and conscience , would give me leave ; nor were the remaining difference so essential to my peoples happines ; or of such consequence as in the least kind to have hindred my subjects either security or prosperity ; for they beter enjoyed both , many years , before ever those demands were made , some of which , to deny , i think the greatest justice to my self , and favour to my subjects . i see , jealousies are not so easily allayed , as they are raised : some men are more afraid to retreat from voilent engagements than to engage : what is wanting in equity , must be made up in pertinacy . such as had little to enjoy in peace , or to lose in warre , studied to render the very name of peace odious and suspected . in church affaires , where i had least liberty of prudence , having so many strict tyes of conscience upon me ; yet i was willing to condescend so far to the setling of them , as might have given fair satisfaction to all men , whom faction , covetousnesse , or superstition had not engaged more , than any true zeal , charity , or love of reformation . i was content to yeild to all that might seeme to advance true piety ; i onely sought to continue what was necessary in point of order , maintenance , and authority to the churches goverment ; and what i am perswaded ( as i have elsewhere set down my thoughts more fully ) is most agreeable to the true principles of all government , raised to its full stature & perfection , as also to the primitive apostolicall pattern , and the practise of the universall church conforme thereto . from which wholly to recede , without any probable reason urged or answered only to satisfie some mens wills and fantasies ( which yet agree not among themselves in any point but that of extirpating episcopacy , fighting against me , ) must needs argue such a softnes , & infirmity of mind in me , as will rather part with gods truth , than mans peace , and rather lose the churches honour , than crosse some mens factious humours . god knows , and time wil discover , who were most too blame for the un-succesfulness of that treaty , and who must bear the guilt of after-calamityes . i beleive , i am very excusable both before god , and all unpassionate men , who have seriously weighed those transactions , wherein i endeavoured no lesse the restauration of peace to my people , than the preservation of my own crowns to my posterity . some men have that height , as to interpret all fair condescendings , as arguments of feeblenesse , and glory most in an unflexible stifnesse , when they see others most supple and inclinable to them . a grand maxime with them was alwaies to ask something , which in reason and honour must be denied , that they might have some colour to refuse all that was in other things granted ; setting peace at as high a rate , as the worst effects of warre ; endeavouring first to make me destroy my self by dishonourable concessions , that so they might have the lesse to do . this was all which that treaty , or any other produced , to let the world see , how litle i would deny , or they grant , in order to the publik peace . that it gave occasion to some mens further restivenesse , is imputable to their own depraved tempers , not to any concessions or negations of mine : i have alwayes the content of what i offered , and they the regret , and blame , for what they refused . the highest tide of successe set me not above a treaty , nor the lowest ebbe below a fight : though i never thought it any sign of true valour , to be prodigall of mens lives , rather then to be drawn to produce our own reasons : or to subscribe to other mens . that which made me for the most part presage the unsuccessefulnes of any treaty ; was , some mens unwillingnesse to treat : which implyed some things were to be gained by the sword , whose unreasonablenes they were loath to have fairly scanned , being more proper to be acted by souldiers ; than by councellours . i pray god forgive them that were guilty of that treaties breaking ; & give them grace to make their advantages gotten by the the sword a better opportunity to use such moderation , as was then wanting ; that so though peace were for our sins justly deferred , yet at last it may be happily obtain'd ; what we could not get by our treaties , we may gain by our prayers . o thou , that art the god of reason , and of peace , who disd●inest not to treat with sinners , presenting them with offers of attonement ; and beseeching them to be reconciled with thy selfe , ●ho wantest not power or iustice , to destroy them ; ●et aboundest in mercy to save : so often our hearts ly the bloud of our redeemer , and perswade us to accept of peace with my selfe , and both to procure and , preserve peace among our selves , as men and christians , how oft have i intreated for peace , but then i speak thereof , they make them ready to war. condemne us not to our passions , which are destructive , both of our selves , and of others . cleare up our understandings , to see thy truth , both in reason , as men ; and in religion , as christians : and encline all our hearts to hold the unity of the spirit , in the bond of peace . take from us that enmity which is now in our hearts against thee : and give us that charity which should be among our selves . remove the evils of war we have deserved , and ●estow upon us that peace ; which only christ our great peace maker cannot merit . ▪ vpon the various events of the warre ; vistories , and defeats . the various successes of this unhappy war , have at least , afforded me variety of good meditations : sometimes god was pleased to try me with victory , by worsting my enemies , that i might know how with moderation and thanks to own , and use his power , who is only the true lord of hosts ; able when he pleases to represse the confidence of those , that fought against me , with so great advantages for power and number . from small beginnings on my part he let me see that i was not wholly forsaken by my peoples love , or his protection . other times god was pleased to exercise my patience , and teach me not to trust in the arme of flesh , but in the living god. my sins sometimes prevailed against the justice of my cause , and those that were with me wanted not matter and occasion for his just chastisement both of them , and me : nor were my enemies lesse punished by that prosperity , which hardened them to continue that injustice by open hostility , which was began by most riotous and unparliamentary tumults . there is no doubt but personall and private sins may oft times over-balance the justice of publick engagements ; nor doth god account every gallant man ( in the worlds esteeme ) a fit instrument to assert in the way of war a righteous cause ; the more men are prone to arrogate to their own skill , valour and strength , the lesse doth god ordinarily work by them for his owne glory . i am sure the event or successe can never state the justice of any cause , nor the peace of mens conscinces , nor the eternall fate of their soules . those with me had ( i thinke ] clearly and undoubtedly , for their justification the word of god , and the lawes of the land , together with their own oaths ; all requiring obedience to my just commands ; but to none other under heaven without me , or against me , in the point of raising armes . those on the other side are forced to flie to the shifts of some pretended fears and wild fundamentals of state , ( as they call them ) which actually overthrow the present fabrick , both of church and state ; being such imaginary reasons for self-defence as are most impertinent for those men to alledge , who being my subjects , were manifestly the first assaulters of me and the lawes : first by unsuppressed tumults , after by listed forces ; the same allegations they use , wil fit any faction that hath but power and confidence enough to second with the sword ; all their demands against the present lawes & governour ; which can never be such as some side or other will not find fault with , so as to urge what they call a reformation of them to a rebellion against them , some parasitick preachers have dared to call those martyrs , who dyed , fighting against me , the laws , their oaths , and the religion established . but sober christians know that glorious title , can with truth be applyed only to those , who sincerely preferred gods truth , and their duty in all these particulars before their lives , and all that was dear to them in this world ; who having no advantagious designs by any innovation , were religiously sensible of those ties to god , the church , & my self wch . lay their souls , both for obedience & just assistance ▪ god could , and i doubt not but he did through his mercy , crown many of them with eternall life , whose lives were lost in so just a cause ▪ the destruction of their bodies being sanctified , as a means to save their soules . their wounds , and temporall ruine serving as a gracious opportunity for their eternall health and happinesse ; while the evident approach of death did , through gods grace , effectually dispose their hearts to such humility , faith , and repentance , which together with the rectitude of their present engagement , would fully prepare them for a better life then that , which their enemies brutish and disloyall fiercenesse could deprive them of ; or without repentance hope to enjoy . they have often indeed , had the better against my side in the field , but never , i belive , at the barre of gods tribunall , or their owne consciences ; where they are more afraid to encounter those many pregnant reasons , both from law , allegiance , and all true christian grounds ▪ which conflict with , and accuse them in the● owne thoughts , then they oft were in a desperate bravery to fight against those forces , which sometimes god gave me. whose condition conquered , and dying , ● make no question , but is infinitely more to be chosen by a sober man , ( that duely values 〈◊〉 duty , his soule , and eternity , beyond the enjoyments of this present life ) then the most triumphant glory , wherein their and mine enemies supervive ; who can hardly avoid to be daily tormented by that horrid guilt , wherwith their suspicious , or now convicted consciences doe pursue them , especially since they and all the world have seen , how false & un-intended those pretensions were , which they first set forth , as the only plausibl ( though not justifiable ) grounds of raising a war , and continuing it thus long against me , and the laws established ; in whose ●afety and preservation all honest men think the welfare of their countrey doth consist . for , and with all which , it is far more honourable and comfortable to suffer , then to prosper in their ruine and subversion . i have often prayed , that all on my side might joyn true piety with the sense of their loyalty ; and be as faithfull to god and their owne soules , as they were to me. that the defects of the one might not blast the endeavours of the other . yet i cannot thinke , that any shews , or truth of piety on the other side were sufficient to dispence with , or expiate the defects of their duty and loyalty to me , which have so pregnant convictions , on mens consciences , that even profaner men are moved by the sence of them to venture their lives for me . i never had any victory which was without my sorrow , because it was on mine owne subjects , who like absolom , died many of them in their sin : and yet i never suffered any defeate , which made me despair of gods mercy and defence . i never desired such victoryes , as might serve to conquer ; but only restore the laws and libertyes of my people ; which i saw were extreamly oppressed , together with my rights by those men , who were impatient of any just restraint . when providence gave me , or denyed me victory ; my desire was neither to boast of my power , nor to charge god foolishly ; who i beleved at ●ast would make all things to work together for my good . i wished no greater advantages by the warr , then to bring my enemies to moderation , and my freinds to peace . i was afraid of the temptation of an absolute conquest , and never prayed more for victory over others , than over my self . when the first was denyed ; the second was granted me , which god saw best for me. the different events were but the methods of divine justice , by contrary winds to winnow us : that , by punishing ou● sinnes , he might purge them from us ; & by deferring peace , he might prepare us more to prise and better to use so great a blessing . my often messages for peace shewed , that i delighted not in warre : as my former concessi●ns sufficiently testified , how willingly i would have prevented it ; and my total unpreparedness for it , how little i intended it . the conscience of my innocency forbade me to feare a warre ; but the love of my kingdomes commanded me ( if possible ) to avoid it . i am guilty in this warre of nothing , but this , that i gave such advantages to some men , by confirming their power , which they knew not to use with that modesty , and gratitude , which became their loyalty and my confidence . had i y●ilded lesse , i had been opposed lesse ; had i denied more , i had been more obeyed . 't is now too late to review the occasions of the warre : i wish only a happy conclusion of so unhappy beginnings : the unevitable fate of our sinnes was ( no doubt ) such , as would no longer suffer the divine justice to be quiet : we having conquered his patience , are condemned by mutuall conquerings , to destroy one another : for , the most prosperous successes on either side , impaire the welfare of the whole . those victories are still miserable , that leave our sinnes un-subdued ; flushing our pride , and animating to continue injuries . peace it fel● is not desirable , till repentance have prepared us for it . when we fight more against our selves , and lesse against god , we shall cease fighting against one another ; i pray god these may all meet in our hearts , and so dispose us to an happy conclusion of these civill warres , that i may know better to obey god , and governe my people , and they may learn better to obey both god and me . nor do i desire any man should be further subject to me , then all of us may be subject to god. o my god , make me content to be overcome , when thou wilt have it so . teach me the noblest victory over my self , and my enemies by patience ; which was christs conquest , and may well become a christian king. between both thy hands , the right somtimes supporting , and the left afflicting ; fashion us to that frame of piety thou likest best . forgive the pride that attends our prosperous , and the repinings which follow our disasterous events ; when going forth in our own strength , tho● withdrawest thine , and goest not forth with our armies . be thou all , when we are somthing , and when we are nothing ; that thou mayst have the glory , when we are in a victorious , or inglorious condition . thou o lord knowest , how hard it is for me 〈◊〉 suffer so much evill from my subjects , to whom i intend nothing but good ; and i cannot but suffer in those evills which they compell me to inflict upon them ; punishing my self in their punishments . since therefore both in conquering , and being conquered , i am still a sufferer : i beseech thee to give me a double portion of thy spirit , and that measure of grace , which only can be sufficient for me . as i am most afflicted , so make me most reformed , that i may be not onely happy to see an end of these civill distractions , but a chief instrument to restore and establish a firm and blessed peace to my kingdoms . stir up in all parties pious ambitions to overcome each other with reason , moderation , and such self ▪ deniall , as becomes those , who consider , that our mutuall divisions are our common distractions , and the union of all is every good mans chiefest interest . if o lord , as for the sins of our peace , thou hast brought upon us the miseries of warre ; so for the sins of war thou shouldst see fit still to deny us the blessing of peace , and so to keep us in a circulation of miseries ; yet give me thy servant , and all loyall , though afflicted subjects , to enjoy that peace , which the world can neither give to us , nor take from us . impute not to me the blood of my subjects , which , with infinite unwillingnesse and grief , hath been shed by me , in my just ▪ and necessary defence , but wash me with that precious blood , which hath been shed for me , by my great peace-maker , iesus christ who will , i trust , redeem me shortly out of all my troubles : for , i know the triumphing of the wicked is but short , and the joy of hypocrites is but for ● moment . . vpon the reformations of the times . no glory is more to be envied than that , of due reforming either church or state , when deformities are such , that the perturbation and novelty are not like to exceed the benefit of reforming . although god should not honour me so far , as to make me an instrument of so good a work , yet i should be glad to see it done . as i was well pleased with this parliaments first intentions to reforme what the iudulgence of times , and corruption of manners might have depraved ; so i am sorry to see , after the freedome of parliament was by factious tumults oppressed , how little regard was had to the good lawes established , and the religion setled ▪ which ought to be the first rule and standard of reforming ; with how much partiality , and popular compliance the passions , and opinions of men have been gratified , to the detriment of the publique , and the infinite scandall of the reformed religion . what dissolutions of all order , and government , in the church : what novelties o● schismes , and corrupt opinions ; what undecencies and confusions in sacred administrations ; what sacrilegious invasions upon the rights and revenues of the church ; what contempt and oppressions of the clergie ; what injurious diminutions and persecutings of me , have followed ( as showres do warme gleames ) the talk of reformation , all sober men are witnesses , and , with my selfe , sad spectators hitherto . the great miscarriage i think is , that popular clamours and fury , have been allowed the reputation of zeal , and the publique sense ; so that the study to please some parties hath indeed injured all . freedome , moderation , and impartiality are sure the best tempers of reforming councells , and endeavours : what is acted by factions , cannot but offend more , than it pleaseth . i have offered to put all differences in church affaires and religion to the free consultation of a synod or convocation rightly chosen ; the results of whose counsells as they would have included the votes of all , so it 's like they would have given most satisfaction to all . the assembly of divines , whom the two houses have applied ( in an unwonted way ) to advise of church affaires , i dislike not further , then that they are not legally convened and chosen ; nor act in the name of all the clergy of england ; nor with freedome and impartiality can doe any thing , being limited and confined , if not over-●wed , to do and declare what they do . for i cannot think so many men cryed up for learning and piety , who formerly allowed the liturgy and government of the church of england , as to the maine , would have so suddenly agreed quite to abolish both of them , ( the last of which , they knew to be of apostolicall institution , at least , as of primitive and universall practice ) if they had been left to the liberty of their own suffrages , and if the influence of contrary factions had not , by secret incroachments of hopes , and feares , prevailed upon them , to comply with so great and dangerous innovations in the church ; without any regard to their own former judgement and practice , or to the common interest and honour of all the clergy , and in them of order , learning , and religion against examples of all ancient churches ; the lawes in force , and my consent ; which is never to be gained against so pregnant light , as in that point shines on my understanding . for i conceive , that , where the scripture is not so clear and punctuall in precepts , there the constant and universall practice of the church , in things not contrary to reason , faith , good manners , or any positive command , is the best rule that christians can follow . i was willing to grant , or restore to presbytery , what with reason or discretion it can pretend to , in a conjuncture with episcopacy ; but for that wholly to invade the power , and by the sword to arrogate , and quite abrogate the authority of that ancient order , i think neither just , as to episcopacy , nor safe for presbytery ; nor yet any way convenient for this church or state. a due reformation had easily followed moderate counsells ; and ( such i believe ) as would have given more content , even to the most of those divines , who have been led on with much gravity and formality , to carry on other mens designes : which , no doubt , many of them by this time discover , though they dare not but smother their frustrations , and discontents . the specious and popular titles , of christs government ; throne , scepter , and kingdome ( which certainly is not divided , nor hath two faces , as their parties now have , at least ) also the noise of a through reformation , these may as easily be fixed on new modells , as faire colours may be put to ill-favoured figures . the breaking of church-windowes , which time had sufficiently defaced ; pulling downe of crosses , which were but civill , not religious marks ; defacing of the monuments , and inscriptions of the dead , which served but to put posterity in mind , to thank god , for that clearer light , wherein they live ; the leaving of all ministers to their liberties , and private abilities , in the publike service of god , where no christian can tell to what he may say amen ; nor what adventure he may make , of seeming , at least , to consent to the errours , blasphemies , and ridiculous undecencies , which bold and ignorant men list to vent in their prayers , preaching , and other offices ; the setting forth also of old catechismes , and confessions of faith new drest , importing as much , as if there had been no sound or cleare doctrine of faith in this church , before some foure or five yeares consultation had matured their thoughts , touching their first principles of religion . all these , and the like are the effects of popular , specious , and deceitfull reformations , ( that they might not seem to have nothing to doe ) and may give some short flashes of content to the vulgar , ( who are taken with novelties , as children with babies , very much , but not very long ) but all this amounts not to , nor can in justice merit the glory of the churches thorow reformation ; since they leave all things more deformed , disorderly , and discontented , then when they began in point of piety , morality , charity , and good order . nor can they easil● recompense or remedy the inconveniences and mischiefs , which they have purchased so dearly , and which have , and ever will necessarily ensue , till due remedies be applied . i wish they would , at last , make it their unanimous work , to doe gods work , and not their owne : had religion been first considered ( as it merited ) much trouble might have been prevented . but some men thought , that the government of this church and state , fixed by so many lawes , and long customes , would not run into their new moulds , till they had first melted it in the fire of a civill warre ; by the advantages of which they resolved , if they prevailed , to make my selfe and all my subjects fall down , and worship the images they should forme and set up : if there had been as much of christs spirit , for meeknesse , wisdome , and charity , in mens hearts , as there was of his name used in the pretensions , to reforme all to christs rule , it would certainly have obtained more of gods blessing , and produced more of christs glory , the churches good , the honour of religion , and the unity of christians . publique reformers had need first act in private , and practice that on their owne hearts , which they purpose to trie on others ; for deformities within , will soon betray the pretenders of publike reformations , to such private designs as must needs hinder the publike good . i am sure the right methods of reforming the church cannot consist with that of perturbing the civill state ; nor can religion be justly advanced by depressing loyalty , which is one of the chiefest ingredients , and ornaments of true religion ; for , next to fear god , is , honour the king. i doubt not but christs kingdome may be set up without pulling downe mine ; nor will any men in impartiall times appear good christians , that approve not themselves good subjects . christs government will confirm mine , not overthrow it ; since as i own mine from him , so i desire to rule for his glory , and his churches good . had some men truly intended christ's government , or knew what it meant in their hearts , they could never have been so ill-governed in in their words , and actions , both against me and one another . as good ends cannot justifie evill meanes , so nor will evill beginnings ever bring forth good conclusions ; unlesse god , by a miracle of mercy , create light out of darknesse , order out of our confusions , and peace out of our passions . thou , o lord , who onely canst give us beauty for ashes , and truth for hypocrisie ; suffer us not to be miserably deluded with pharisaicall washings , instead of christian reformings . our greatest deformities are within , make us the severest censurers , and first reformers of our own soules . that we may in clearnesse of judgment , and uprightnesse of heart be means to reform what is indeed amisse in church and state. create in us clean hearts , o lord , and renew right spirits within us ; that we may do all by thy directions , to thy glory , and with thy blessing . pity the deformities , which some rash and cruell reformers have brought upon this church and state : quench the fires which factions have kindled , under the pretence of reforming . as thou hast shewed the world by their divisions and confusions what is the pravity of some mens intentions , and weaknesse of their judgments , so bring ●s at last more refined out of these fires by the methods of christian and charitable reformations , wherein nothing of ambition , revenge , covetousnesse , or srcriledge , may have any influence upon their co●nsells , whom thy providence in just and lawfull wayes shall entrust with so great , good , and now most necessary work : that i and my people may be so blest with inward piety , as may best teach us how to use the blessing of outward peace . . vpon his majesties letters taken and divulged . the taking of my letters was an opportunity , which as the malice of mine enemies could hardly have expected ; so they knew not how with honour and civility to use it ; nor doe i think , with sober and worthy minds , any thing in them could tend so much to my reproach , as the odious divulging of them did to the infamy of the divulgers : the greatest experiments of vertue and noblenesse being discovered in the greatest advantages against an enemy , and the greatest obligations being those , which are put upon us by them , from whom we could least have expected them . and such i should have esteemed the concealing of my papers ; the freedome and secresie of which , commands a civility from all men , not wholly barbarous ; nor is there any thing more inhumane than to expose them to publique view . yet since providence will have it so , i am content so much of my heart ( which i study to approve to gods omniscience ) should be discovered to the world , without any of those dresses , or popular captations , which some men use in their speeches , and expresses ; i wish my subjects had yet a clearer sight into my most retired thoughts . where they might discover , how they are divided between the love and care i have , not more to preserve my owne rights , than to procure their peace and happinesse , and that extreme griefe to see them both deceived and destroyed . nor can any mens malice be gratified further by my letters , than to see my constancie to my vvife , the lawes , and religion . bees will gather honey where the spider sucks poison . that i endeavour to avoid the pressures of my enemies , by all fair and just correspondencies , no man can blame , who loves me , or the common-wealth ; since my subjects can hardly be happy if i be miserable , or enjoy their peace and liberties while i am oppressed . the world may see how soon mens designe , like absoloms , is by enormous actions to widen differences , and exasperate all sides to such distances , as may make all reconciliation desperate . yet i thank god i can not only with patience bear this , as other indignities : but with charity forgive them . the integrity of my intentions is not jealous of any injury , my expressions can doe them ; for although the confidence of privacy may admit greater freedome in writing such letters , which may be liable to envious exceptions ; yet the innocency of my chief purposes cannot be so obtained , or mis-interpreted by them , as not to let all men see , that i wish nothing more than an happy composure of differences with justice and honour , not more to my own , then my peoples content , who have any sparks of love or loyalty left in them : who , by those my letters may be convinced , that i can both mind and act my owne , and my kingdomes affaires , so as becomes a prince ; which mine enemies have alwaies been very loath should be believed of me , as if i were wholly confined to the dictates and directions of others ; whom they please to brand with the names of evill counsellours . it 's probable some men will now look upon me as my owne counsellour , and having none else to quarrell with under that notion , they will hereafter confine their anger to my selfe : although i know they are very unwilling i should enjoy the liberty of my own thoughts , or follow the light of my owne conscience , which they labour to bring into an absolute captivity to themselves ; not allowing me to think their counsells to be other then good for me , which have so long maintained a warre against me . the victory they obtained that day , when my letters became their prize , had been enough to have satiated the most ambitious thirst of popular glory among the vulgar ; with whom prosperity gaines the greatest esteem and applause , as adversity exposeth to their greatest slighting and dis-respect : as if good fortu●e were alwaies the shadow of vertue and justice , and did not oftner attend vitious and injurious actions , as to this world . but i see no secular advantages seem sufficient to that cause , which began with tumults , and depends chiefly upon the reputation with the vulgar . they think no victories so effectuall to their designes as those : that most rout and waste my credit with my people ; in whose hearts they seek by all meanes to smother and extinguish all sparks of love , respect and loyalty to me , that they may never kindle againe , so as to recover mine , the lawes , and the kingdomes liberties , which some men seek to overthrow : the taking away of my credit is but a necessary preparation to the taking away of my life , and my kingdomes ; first i must seem neither fit to live , nor worthy to reigne ; by exquisite methods of cunning and cruelty , i must be compelled , first to follow the funeralls of my honour , and then be destroyed : but i know gods un-erring and impartiall justice can , and will over-rule the most perverse wills and designes of men ; he is able , and ( i hope ) will turn even the worst of mine enemies thoughts and actions to my good . nor doe i think , that by the surprize of my letters , i have lost any more than so many papers : how much they have lost of that reputation , for civility and humanity which ought to be pay'd to all men , and most becomes such as pretend to religion ) besides that of respect and honour , which they owe to their king , present , and after-times will judge . and i cannot think that their owne consciences are so stupid , as not to inflict upon them some secret impressions of that shame and dishonour , which attends all unworthy actions , have they never so much of publique flattery , and popular countenance . i am sure they can never expect the divine approbation of such indecent actions , if they doe but remember how god blest the modest respect and fil●all tendernesse , which noahs sons bare to their father ; nor did his open infirmity justifie chams impudency , or exempt him from that curse of being servant of servants ; which curse must needs be on them who seek by dishonourable actions to please the vulgar ; and confirme , by ignoble acts , their dependance upon the people . nor can their malicious intentions be ever either excusable , or prosperous , who thought by this meanes to expose me to the highest reproach and contempt of my people ; forgetting that duty of modest concealment , which they owed to the father of their country , in case they had disovered any reall uncomelinesse ; which , i thank god , they did not ; who can , and , i believe , hath made me more respected in the hearts of many ( as he did david ) to whom they thought , by publishing my private letters , to have rendred me as a vile person , not fit to be trusted or considered , under any notion of majesty . but thou , ô lord , whose wise and all-disposing providence , ordereth the greatest contingences of humane affairs ; make me to see the constancy of thy mercies to me , in the greatest advantages thou seemest to give the malice of my enemies against me . as thou didst blast the counsell of achitophel , ●urning it to davids good , and his own ruine ; so so canst thou defeat their designe , who intended , by publishing my private letters , nothing else , but to under me more odious & contemptible to my people . i must first appeale to thy omniscience , who canst witnesse with my integrity , how unjust and ●alse those scandalous misconstructions are , which ●y enemies endeavour by those papers of mine to ●epresent to the world . make the evill they imagined , and displea●●r● they intended thereby against me , so to 〈◊〉 on their owne heads , that they may be ashamed , and covered with their owne confusion , as with a cloake . thou seest how mine enemies use all means to cloud mine honor , to pervert my purposes , and to slander the footsteps of thine annointed . but give me an heart content to be dishonoured for thy sake , and thy churches good . fix in me a purpose to honour thee , and then i know thou wilt honour me , either by restoring to me the injoyment of that power and majesty , which thou hast suffered some men to seeke to deprive me of , or by bestowing on me that crowne of christian patience , which knowes how to serve thee in honour , or dishonour , in good report or evill . thou , o lord , art the fountain of goodnesse , and honour ; thou art colathed with excellent majesty ; make me to partake of thy excellency for wisdome , justice , and mercy , and i shall not want that degree of honour and majesty , which becomes the place in which thou hast set me ; who art the lifter up of my head and my salvation . lord , by thy grace , lead me to thy glory , which is both true and eternall . . vpon his majesties leaving oxford , and going to the scots . although god hath given me three kingdomes , yet in these he hath no● now left me any place , where i may wit● safety and honour rest my head : shewing me that himselfe is the fafest refuge , and the strongest tower of defence , in which i may put my trust . in these extremities , i look not to man so much as to god ; he will have it thus ; that i may wholly cast my self , and my now distressed affaires upon his mercy , who hath both hearts and hands of all men in his dispose . what providence denies to force , it may grant to prudence : necessity is now my counsellour , and commands me to study my safety by a disguised withdrawing from my chiefest strength , and adventuring upon their loyalty , who first began my troubles . happily god may make them a means honourably to compose them . this my confidence of them , may dis-arme and overcome them ; my rendring my person to them , may engage their affections to me , who have oft professed , they ●ought not against me , but for me . i must now resolve the riddle of their loyalty ; and give them opportunity to let the world see , they mean not what they do , but what they say . yet must god be my chiefest guard ; and my conscience both my counsellour and my comforter : though i put my body into their hands , yet i shall reserve my soule to god , and my selfe ; nor shall any necessity compell me , to desert mine honour , or swerve from my judgement . what they sought to take by force , shall now be given them in such a way of unusuall confidence of them , as may make them ashamed not to be really such , as they ought , and professed to be . god sees it not enough to deprive me of all military power to defend my self ; but to put me upon using their power , who seem to fight against me , yet ought in duty to defend me . so various are all humane affaires , and so necessitous may the state of princes be , that their greatest danger may be in their supposed safety , and their safety in their supposed danger . i must now leave those , that have adhered to me , and apply to those that have opposed me ; this method of peace may be more prosperous , than that of warre , both to stop the effusion of bloud , and to close those wounds already made : and in it i am no lesse solicitous for my friends safety , than mine owne ; chusing to venture my selfe upon further hazards , rather then expose their resolute loyalty to all extremities . it is some skill in play to know when a game is lost ; better fairly to give over , than to contest in vaine . i must now study to re-inforce my judgement , and fortifie my mind with reason and religion ; that i may not seem to offer up my soules liberty , or make my conscience their captive ; who ought at first to have used arguments , not armes , to have perswaded my consent to their new demands . i thank god , no successe darkens or disguises truth to me ; and i shall no lesse conforme my words to my inward dictates now , than if they had been as the words of a king ought to be among loyall subjects , full of power . reason is the divinest power . i shall never think my selfe weakned while i may make full and free use of that . no eclipse of outward fortune shall rob me of that light ; what god hath denied of outward strength , his grace , i hope , will supply with inward resolutions ; not morosely to deny , what is fit to be granted ; but not to grant any thing , which reason and religion bids me deny . i shall never think my self , lesse than my self , while i am able thus to preserve the integrity of my conscience , the onely jewell now left me , which is worth keeping . o thou soveraigne of our soules , the onely commander of our consciences ; though i know not what to do , yet mine eyes are toward thee : to the protection of thy mercy i still commend my self . as thou hast preserved me in the day of battaile , so thou canst still shew me thy strength in my weaknesse . be thou unto me in my d●rkest night , a pillar of fire , to enlighten and direct me ; in the day of my hottest affliction , be also a pillar of cloud to overshadow and protect me ; be to me , both a sun and a shield . thou knowest , that it is not any perversenesse of will , but just perswasions of honor , reason , and religion , which have made me thus far to hazard my person , peace , and safety , against those , that by force have sought to wrest them from mee . suffer not my just resolutions to abate with my outward forces ; let a good conscience alwayes accompany me , in my solitude and desertions . suffer me not to betray the powers of reason , and that fortresse of my soule , which i am intrusted to keep for thee . lead me in the paths of thy righteousnesse , and shew me thy salvation . make my wayes to please thee , and then thou wilt make mine enemies to be at peace with me . . vpon the scots delivering the king to the english ; and his captivity at holmeby . yet may i justifie those scots to all the world in this , that they have not deceived me ; for i never trusted to them further , than to men : if i am sold by them , i am onely sorry they should doe it ; and that my price should be so much above my saviours . these are but further essaies , which god will have me make of mans uncertainty , the more to fix me on himselfe ; who never faileth them that trust in him ; though the reeds of aegypt break under the hand of him that leanes on them , yet the rock of israel will be an everlasting stay and defence . gods providence commands me to rerire from all to himself , that in him i may enjoy my selfe , which i lose , while i let out my hopes to others . the solitude and captivity , to which i am now reduced , gives me leisure enough to study the worlds vanity , and inconstancy god sees 't is fit to deprive me of wife , children , army , friends , and freedom , that i may be wholly his , who alone is all . i care not much to be reckoned among the unfortunate , if i be not in the black list of irreligious , and sacrilegious princes . no restraint shall ensnare my soul in sinne , nor gaine that of me , which may make my enemies more insolent , my friends ashamed , or my name accursed . they have no great cause to triumph , that they have got my person into their power ; since my soule is still my owne : nor shall they ever gaine my consent against my conscience . what they call obstinacy , i know god accounts honest constancy ; from which reason and religion , as well as honour , forbid me to recede . 't is evident now , that it was not evill counsellours with me , but a good conscience in me , which hath been fought against ; nor did they ever intend to bring mee to my parliament , till they had brought my mind to their obedience . should i grant what some men desire , i should be such as they wish me , not more a king , and far lesse both man and christian . what tumults and armies could not obtain , neither shall restraint ; which though it have as little of safety to a prince , yet it hath not more of danger . the feare of men shall never be my snare ; nor shall the love of any liberty entangle my soule : better others betray me than my selfe ; and that the price of my liberty should be my conscience : the greatest injuries my enemies seek to inflict upon me , cannot be without my own consent . while i can deny with reason , i shall defeat the greatest impressions of their malice , who neither know how to use worthily , what i have already granted ; nor what to require more of me but this , that i would seem willing to help them to destroy my selfe and mine . although they should destroy me , yet they shall have no cause to despise me . neither liberty nor life are so dear to me , as the peace of my conscience , the honour of my crownes ; and the welfare of my people ; which my word may injure more than any warre can doe ; while i gratifie a few to oppresse all . the lawes will , by gods blessing , revive , with the love and loyalty of my subjects ; if i bury them not by my consent , and cover them in that grave of dishonour and injustice , which some mens violence hath digged for them . if my captivity or death must be the price of their redemption , i grudge not to pay it . no condition can make a king miserable , which carries not with it , his souls , his peoples and posterities thraldome . after-times may see , what the blindnesse of this age will not ; and god may at length shew my subjects , that i chuse rather to suffer for them , than with them ; happily , i might redeem my self to some shew of liberty , if i would consent to enslave them : i had rather hazard the ruine of one king , than to confirm many tyrants over them ; from whom i pray god deliver them , what ever becomes of me , whose solitude hath not left me alone . for thou o god , infinitely good , and great , art with me , whose presence is better than life ; and whose service is perfect freedome . own me for thy servant , and i shall never have cause to complain for want of that liberty , which becomes a man , a christian , and a king. blesse me still with reason as a man ; with religion , as a christian ; and with constancy in justice , as a king. though thou sufferest me to be stript of all outward ornaments , yet preserve me ever in those enjoyments , wherein i may injoy thy self ; and which cannot be taken from me against my will. let no fire of affliction boile over my passion to any impatience , or sordid fears . there be many say of me , there is no help for me : doe thou lift up the light of thy countenance upon me , and i shall neither want safety , liberty , nor majesty . give me that measure of patience and constancy , which my condition now requires . my strength is scattered , my expectation from men defeated , my person restrained ; ô be not thou far from me , lest my enemies prevaile too much against me . i am become a wonder and a scorne to many : ô ●e thou my helper and defender . shew some token upon me for good , that they ●hat hate me may be ashamed , because thou lord hast ●olpen and comforted me : establish me with thy free spirit , that i may do , and suffer thy will , as thou ●ouldst have me . be mercifull to me , ô lord , for my soule trusteth in thee : yea and in the shadow of thy wings will ● make my refuge untill these calamities be over●●st . arise to deliver me , make no long tarrying , ô ●y god. though thou killest me , yet will i trust in thy mercy , and my saviours merit . i know that my redeemer liveth ; though thou leadest me through the vale and shadow of death , yet shall i fear none ill . . vpon their denying his majesty the attendance of his chaplaines . vvhen providence was pleased to deprive me of all other civill comforts and secular attendants , i thought the abscence of them all might best be supplied by the attendance of some of my chaplains ; whom for their function i reverence , and for their fidelity i have cause to love . by their learning , piety , and prayers , i hoped to be either better enabled to sustaine the want of all other enjoyments , or better fitted for the recovery and use of them in gods good time : so reaping by their pious help a spirituall harvest of grace amidst the thornes , and after the plowings of temporall crosses . the truth is , i never needed or desired more the service and assistance of men judiciously pious , and soberly devout . the solitude they have confined me unto , adds the wildernesse to my temptations ; for , the company they obtrude upon me , is more sad than any solitude can be . if i had asked my revenues , my power of the militia , or any one of my kingdomes , it had been no wonder to have been denied in those things , where the evill policy of men forbids all just restitution , lest they should confesse an injurious usurpation : but to deny me the ghostly comfort of my chaplaines , seemes a greater rigour and barbarity , then is ever used by christians to the meanest prisoners , and greatest malefactors ; whom though the justice of the law deprive of worldly comforts , yet the mercy of religion allows them the benefit of their clergy ; as not aiming at once to destroy their bodies , and to damn their soules . but my agony must not be relieved with the presence of any one good angell ; for ●wich i account a learned , godly , and discreet divine : and such i would have all mine to be . they that envy my being a king , are loath i ●●ould be a christian ; while they seek to de●rive me of all things else , they are afraid i ●hould save my soule . other sense charity it selfe can hardly pick out of those many harsh repulses i received , as to that request so often made for the attendance of some of my chaplaines . i have sometime thought the unchristian●esse of those denialls might arise from a displeasure some men had to see me prefer my own diuines before their ministers : whom though i ●uspect for that worth and piety which may be in them ; yet i cannot think them so proper for ●ny present comforters or physitians ; who have ( some of them at least ) had so great an influence ●n occasioning these calamities , and inflicting these wounds upon me . nor are the soberest of them so apt for that devotionall compliance , and juncture of hearts , which i desire to bear in those holy offices , to be performed with me , and for me ; since their judgements standing at a distance from me , or in jealousie of me , or in opposition against me , their spirits cannot so harmoniously accord with mine , or mine with theirs , either in prayer , or other holy duties , as is meet , and most comfortable , whose golden rule , and bond of perfection consists in that of mutuall love and charity . some remedies are worse then the disease , and some comforters more miserable then misery it selfe ; when , like jobs friends , they seek not to fortifie ones mind with patience ; but perswade a man , by betraying his own innocency , to despair of gods mercy ; and , by justifying their injuries , to strengthen the hands , and harden the hearts of insolent enemies . i am so much a friend to all church-men , that have any thing in them beseeming that sacred function , that i have hazarded my owne interests , chiefly upon conscience and constancy to maintaine their rights ; whom the more i looked upon as orphans , and under the sacrilegious eyes of many cruell and rapacious reformers ; so i thought it my duty the more to appeare as a father , and a patron for them and the church . although i am very unhandsomly requited by some of them ; who may live to repent no lesse for my sufferings , than their owne ungratefull errours , and that injurious contempt and meannesse , which they have brought upon their calling and persons . i pity all of them , i despise none : onely i thought i might have leave to make choice of some for my speciall attendants , who were best approved in my judgement , and most sutable to my affection . for , i held it better to seem undevout , and to heare no mens prayers , than to be forced , or seem to comply with those petitions , to which the heart cannot consent , nor the tongue say amen , without contradicting a mans own understanding , or belying his own soule . in devotions , i love neither profane boldnesse , nor pious non-sense ; but such an humble and judicious gravity , as shewes the speaker to be at once considerate of gods majesty , the churches honour , and his owne vilenesse ; both knowing what things god allows him to ask , and in what manner it becomes a sinner to supplicate the divine mercy for himself , and others . i am equally scandalized with all prayers , that sound either imperiously , or rudely , and passionately ; as either wanting humility to god , or charity to men , or respect to the duty . i confesse i am better pleased , as with studied and premeditated sermons , so with such publique formes of prayers , as are fitted to the churches and every christians daily and common necessities ; because i am by them better assured , what i may joyne my heart unto , than i can be of any mans extemporary sufficiency ; which as i doe not wholly exclude from publique occasions , so i allow its just liberty and use in private and devout retirements ; where neither the solemnity of the duty , nor the modest regard to others , doe require so great exactnesse as to the outward manner of performance . though the light of understanding , and the fervency of affection , i hold the maine and most necessary requisites both in constant , and occasionall , solitary , and sociall devotions . so that i must needs seem to all equall minds with as much reason to prefer the service of my own chaplains before that of their ministers , as i do the liturgy before their directory . in the one , i have been alwaies educated and exercised ; in the other , i am not yet catechized , nor acquainted ; and if i were , yet should i not by that , as by any certaine rule and canon of devotion be able to follow or find out the indirect extravagances of most of those men , who highly cry up that as a piece of rare composure and use ; which is already as much despised and disused by many of them , as the common-prayer sometimes was by those men ; a great part of whose piety hung upon that popular pin of railing against , and contemning the government , and liturgy of this church . but , i had rather be condemned to the woe of vae soli , than to that of vae vobis hypocritis , by seeming to pray what i do not approve . it may be , i am esteemed by my denyers sufficient of my self to discharge my duty to god as a priest , though not to men as a prince . indeed , i think both offices , regall and sacerdotall , might will become the same person ; as anciently they were under one name , and the united rights of primogeniture : nor could i follow better presidents , if i were able ▪ than those ●wo eminent kings , david , and solomon ; not more famous for their scepters and crownes , than one was for devout psalmes and prayers ; the other for his divine parables and preaching : whence one merited and assumed the name of a prophet , the other of a preacher . titles indeed of greater honour , where rightly placed , than any of those the roman emperours affected from the nations they subdued : it being infinitely more glorious to convert souls to gods church by the word , than to conquer men to a subjection by the sword. yet since the order of gods wisdome & providence hath , for the most part , alwayes distinguished the gifts and offices of kings , of priests , of princes and preachers ; both in the jewish & christian churches ; i am sorry to find my self reduced to the necessity of being both , or enjoying neither . for such as seek to deprive me of kingly power and soveraignty , would no lesse enforce me ●o live many months without all prayers , sacraments , and sermons , unlesse i become my owne chaplain . as i owe the clergy the protection of a christian king , so i desire to enjoy from them the benefit of their gifts and prayers ▪ which i looke upon as more prevalent than my own , or other mens , by how much they flow from minds more enlightned , & affections lesse distracted , than those which are uncombred with secular affairs , besides , i think a greater blessing and acceptablenesse attends those duties , which are rightly performed , as proper to , & within the limits of that calling to which god and the church have specially designed and consecrated some men : and however , as to that spirituall government , by which the devout sonl is ●ubject to christ , and through his merits daily offers it self and its services to god , every private believer is a king & preist , invested with tbe honour of a royall priesthood ; yet , as to ecclesiasticall order , and the outward polity of the church , i think confusion in religion will as certainly follow every mans turning priest or preacher , as it will in the state , where every one affects to rule as king. i was always bred to more modest , and i think , more pious principles : the consciousnesse to my spirituall defects makes me more prize & desire those pious assistances , which holy and good ministers , either bishops or presbyters , may afford me ; especially in these extremities , to which god hath bin pleased to suffer some of my subjects to reduce me ; so as to leave them nothing more , but my life to take from me , and to leave me nothing to desire , which i thought might lesse provoke their jealousie and offence to deny me , than this of having some means afforded me for my soules comfort and support . to which end i made choice of men , as no way ( that i know ) scandalous , so every way eminent for their learning and piety , no lesse than for their loyalty : nor can i imagine any exceptions to be made against them , but only this , that they may seem too able and too wel affected toward me and my service . but this is not the first service ( as i count it the best ) in which they have forced me to serve my self , though i must confesse i bear with more greif and impatience the want of my chaplains , than of any other my servants ▪ and next ( if not beyond in some things ) to the being sequestred from my wife and children ; since from these indeed more of humane and temporary affections , but from those more of heavenly and eternall improvements may be expected . my comfort is , that , in the inforced ( not neglected ) want of ordinary means , god is wont to afford extraordinary supplies of his gifts and graces . if his spirit will teach me & help my infirmities in prayer , reading and meditation ( as i hope he will ) i shall need no other , either orator or instructer . to thee therefore , o my god , doe i direct my now solitary prayers ; what i want of others help , supply with the more immediate assistances of thy spirit , which alone can both enlighten my darkness , and quicken my dulnesse . o thou sun of righteousnesse , thou sacred fountaine of heavenly light and heat , at once cleare and warme my heart , both by instructing of me , and interceding for me : in thee is all fulnesse : from thee all-sufficiency : by thee is all acceptance . thou art company enough , and comfort enough : thou art my king , be also my prophet and my priest . rule me , teach me , pray in me , for me ; and be thou ever with me . the single wrestlings of jacob prevailed with thee , in that sacred duell , when he had none to second him but thy selfe ; who didst assist him with power to overcome thee , & by a welcome violence to wrest a blessing from thee . o look on me thy servant , in infinite mercy , whom thou didst once blesse with the ioynt and sociated devotions of others , whose fervencie might inflame the coldnesse of my affections towards thee ; when we went to , or met in thy house with the voice of i●y and gladnesse , worshiping thee in the unity of spirits , and with bond of peace . o forgive the neglect , and not improving of those happy opportunities . it is now thy pleasure that i should be as a pelican in the wildernesse , as a sparrow on the house top , and as a coale scattered from all those pious glowings , and devout reflections , which might best ●indle , preserve , and encrease the holy fire of thy graces on the altar of my heart , whence the sacrifice of prayers , and incense of praises , might be duly offered up to thee . yet o thou that breakest not the bruized reed , nor quenchest the smoaking flax , do not despise the weaknesse of my prayers , nor the smotherings ●f my soul in this uncomfortable loneness ; to which i am constrained by some mens uncharitable deni●lls of those helps , which i much want , and no lesse desire . o let the hardnes of their hearts occasion the softnings of mine to thee , and for them. let their hatred kindle my love , let their unreasonable de●●alls of my religious desires the more excite my prayers to thee . let their inexorahle deafnesse encline thine eare to me ; who art a god easie to be ●ntreated ; thine eare is not heavy , that it cannot , nor thy heart hard , that it will not heare ; nor thy ●and shortned , that it cannot help m● thy desolate suppliant . thou permittest men to deprive me of those out●ard means , which thou hast appointed in thy church , but they cannot debarre me from the com●union of that inward grace , which thou alone ●reathest into humble hearts . o make m● such , and thou wilt teach me ; thou ●ilt hear me , thou wilt help me : the broken and ●●ntrite heart i know thou wilt not despise . thou , o lord canst a● once make me thy temple , ●hy priest , thy sacrifice , and thine altar ; while from an humble heart i ( alone ) daily offer up in holy meditations , fervent prayers , and unfeigned tears my self to thee : who preparest me for thee , dwelle s● in me , ●ad acceptest of me . thou , o lord , didst cause by secret supplyes & miraculous infusions , that the handful of meal in the vessell should not spend , nor the little oyl in the cruise fail the widow during the time of drought and dearth . o look on my soul , which as a widow is now desolate and forsaken : let not those saving truths i have formerly learned now fail my memory ; nor the sweet effusions of thy spirit , which i have sometime felt , now be wanting to wy heart in this famine of ordinary and wholsome food for the refreshing of my soul. which yet i had rather chuse than to feed fom those hands who mingle my bread with ashes , and my wine with gall ; rather torme nting than teaching me ; whose mou●hs are proner to bitter reproaches of me , ●hen to hearty prayers for me . thou knowest , o lord of truth , how oft they wrest thy holy scriptures to my destruction , ( which ▪ are clear for their subiection , and my preservation ) o let it not be to their damnation . thou knowest how some men ( under colour of long prayrs ) have sought to devour the houses of their brethren , their king , and their god. o let not those mens balms break my head , nor their cordialls oppresse my heart , i will evermore pray against their wickednesse . from the poyson under their tongues , from the snares of their lips , from the fire , and the swords of their words ever deliver me , o lord and all those loyall and religious hearts , who desire and delight in the prosperity of my soule , and who seek by their prayers to relieve this sadnesse and solitude of thy servant , o my king and my god. . penitentiall meditations and vowes in the kings solitude at holmeby . give eare to my words o lord , consider my meditations , aud hearken to the voice of my cry , my king and my god , for unto thee will i pray . i said in my hast i am cast out of the sight of thine eyes ; neverthelesse thou hearest the voice of my supplication , when i cry unto thee . if thou lord shouldst be extream to mark what is don amisse , who can abide it ? but there is mercy with thee , that thou mayest be feared ; therefore shall sinners fly unto thee . i acknowledge my sius before thee which have the aggravation of my condition ; the eminency of my place adding weight to my offence . forgive , i beseech thee , my personall , and my peoples sinnes ; which are so far mine , as i have not improved the power thou gavest me , to thy glory , and my subiects good : thou hast now brought me from the glory and freedom of a king , to be a prisoner to my oun subiects : justly , o lord , as to thy over-ruling hand , because in many things i have rebelled against thee . though thou hast restrained my person , yet enlarge my heart to thee , & thy grace towards me. i come far short of davids piety ; yet since i may equall davids afflictions , give me also the comforts and the sure mercies of david . let the penitent sense i have of my sins , be an evidence to me , that thou hast pardoned them . let not the evils , which i and my kingdomes have suffered , seem little unto thee ; though thou hast no● punished us according to our sins . turn thee [ o lord ] unto me ; have mercy upon me , for i am desolate and afflicted . the sorrows of my heart are enlarged ; o bring thou me out of my troubles . hast thou forgotten to be gracious , and shut up thy loving kindnesse in displeasure ? o remember thy compassions of old , and thy lovi●g kindnesse , which have been for many generations . i had utterly fainted , if i had not believed to see thy goodnes in the land of the living . let not the sins of our prosperity deprive us of the benefit of thy afflictions . let this fiery tryall consume the dross , which in long peace and plenty we had contracted . though thou continuest miseryes , yet withdraw not thy grace ; what is wanting of prosperity make up ●n patience and repentance . and if thy anger be not to be yet turned away , but thy ●and of iustice most be stretched out still ; let it , i beseech thee , be against me , and my fathers house ; as for these sheep , what have they done ? let my sufferings satiate the malice of mine , and thy churches enemies . but let their cruelty never exceed the measure of my charity . banish from me all thoughts of revenge , that i may not lose the reward , nor thou the glory of my patience . as thou givest me a heart to forgive them , so i beseech thee doe thou fergive what they have done against thee and me . and now , o lord , as thou hast given me an heart to pray unto thee ; so hear and accept this vow , which i make before thee . if thou wilt in mercy remember me , and my kingdoms ; in continuing the light of thy gospell , and setling thy true religion among us . in restoring to us the benefit of the laws and the due execution of ●●●tice . in suppressing the many schisms in church , and factions in state. if thou wilt restore me and mine to the anci●nt rights and glory of my predecessours . if thou wilt turne the hearts of my people to thy self in piety , to me in loyalty , and to one another in charity . if thou wilt quench the flames , and withdraw the fewell of these civill wars . if thou wilt bless us with the freedom of publique counsels , and deliver the honour of parliaments from the insolency of the vulgar . if thou wilt keep me from the great offence of enacting any thing against my conscience ; and especially from consenting to sacrilegious rapines , & spoilings of thy church . if thou wilt restore me to a capacity to gloref●e thee in doing good , both to the church and state. then shall my soule praise thee , and magnifie thy name before my people . then shall thy glory be dearer to me then my crownes ; and the advancement of true religion both in purity and power be my chiefest care . then will i rule my people with iustice , and my kingdomes with equity . to thy more immediate hand shall i ever owne as the rightfull succession , so the mercifull restauration of my kingdomes , and the glory of them . if thou wilt bring me again with peace , safety , & honour , to my chiefest city , and my parliament . if thou wilt againe put the sword of iustice into my hands to punish and protect . then will i make all the world to see , and my very enemics to enioy the benefit of this vow and resolution of christian charity , which i now make unto thee o lord. as i do freely pardon for christ's sake those that have offended me in any kind ; so my hand shall never be against any man to revenge what is past , in regard of any particular iniury done to me . ▪ we have been mutually pnnished in our unnaturall divisions ; for thy sake , o lord , & for the love of my redeemer , have i purposed this in my heart that i will use all means in tbe wayes of amne●ly , and indempnity , which may most fully remove all fears , and bury all iealousies in forgetfulnesse . let thy mercies be toward me and mine , as my resolutions of truth and peace are toward my people . hear my prayer , o ▪ lord , which goeth not out of fayned lips . blessed be god , who hath not turned away my prayer ; nor taken his mercy from me. o my soule , commit thy way to the lord , trust in him , and he shall bring it to passe . but if thou wilt not restore me and mine , what am i that i should charge thee foolishly ? thou , o lord , hast given , and thou hast taken , blessed be thy name . may my people and thy church be happy , if not by me , yet without me . ▪ vpon the armies surprisall of of the king at holmeby , and the ensuing destractions in the two houses , the army , and the city . vvhat part god will have me now to act or suffer in this new and strange scene of affaires , i am not much solicitous ; since little practise will serve that man , who onely seeks to represent a part of honesty and honour . this surprize of me tells the world , that a king cannot be so low , but he is considerable ; adding weight to that party where he appeares . this motion , like others of the times , seemes excentrique and irregular , yet not well to be resisted or quieted : better swim down such a stream , than in vaine to strive against it . these are but the struglings of those twins , which lately one womb enclosed , the younger striving to prevaile against the elder ; what the presbyterians have hunted after , the independents now seek to catch for themselves . so impossible is it for lines to be drawn from the center , and not to divide from each other ; so much the wider , by how much they go farther from the point of union . that the builders of babell should from division fall to confusion , is no wonder ; but for those that pretend to build ierusalem , to divide their tongues and hands , is but an ill omen ; and sounds too like the fury of those zealots , whose intestine bitternesse and divisions were the greatest occasion of the last fatall destruction of that city . well may i change my keepers and prison , but not my captive condition ▪ onely with this hope of bettering , that those , who are so much professed patrons for the peoples liberties , cannot be utterly against the liberty of their king ; what they demand for their own consciences , they cannot in reason deny to mine . in this they seem more ingenuous , than the presbyterian rigour , who , sometimes complaining of exacting their conformity to laws , are become the greatest exactors of other mens submission to their novell injunctions , before they are stamped with the authotity of lawes , which they cannot well have without my consent . 't is a great argument , that the independents think themselves manumitted , from their rivals service , in that they carry on a businesse of such consequence , as the assuming my person into the armies custody , without any commission , but that of their own wil and power . such , as will thus adventure on a king , must not bethought over-modest , or timerous to carry on any designe they have a mind to . ' their next motion menaces , and scares both the two houses and the city : which , soon after acting over again that former part of tumultuary motions ( never questioned , punished , or repented ) must now suffer for both ; aud see their former sin in the glasse of the preseut terrours and distractions . no man is so blind as not to see herein the hand of divine iustice ; they , that by tumults first occasioned the raising of arms , must now be chastened by their own army for new tumults . so hardly can men be content with one sinne , but adde sin to sin , till the later punish the former ; such as were content to see me , and many members of both houses , driven away by the first unsuppressed tumults , are now forced to fly to an army , to defend themselves against them . but who can unfold the riddle of some mens justice ? the members of both houses who at first withdrew , ( as my selfe was forced to doe ) from the rudenesse of the tumults , were counted desertors , and outed of their places in parliament . such as stayed then , and enjoyed the benefit of the tumults , were asserted for the only parliament-men : now the flyers from , and forsakers of their places , carry the parliamentary power along with them ; complain highly against the tumults , & vindicate themselves by an army : such as remained and kept their stations , are looked upon as abbettors of tumultuary insolencies , and betrayers of the freedom and honour of parliament . thus is power above all rule , order , & law ▪ where men look more to present advantages then their consciences , and the unchangeable rules of justice ; while they are judges of others , they are forced to condemn themselves . now the plea against tumults hold good , the authors and abettors of them are guilty of prodigious insolencies ; when as before , they were counted as friends and necessary assistants . i see vengeance pursues and overtakes ( as the mice and rats are said to have done the bishop in germany ) them that thought to have escaped and fortified themselves most impregnably against it , both by their multitude and compliance . whom the laws cannot , god will punish , by their own crimes and hands . i cannot but observe this divine justice , yet with sorrow and pity ; for , i alwayes wished so well to parliament and city , that i was sorry to see them do , or suffer , any thing unworthy such great and considerable bodies in this kingdome . i was glad to see them onely scared and humbled , not broken by that shaking : i never had so ill a thought of those cities as to despaire of their loyalty to me ; which mistakes might eclipse , but i never believed malice had quite put out . i pray god the storm be yet wholly passed over them ; upon whom i look , as christ did sometime over ierusalem , as objects of my prayers and teares , with compassionate griefe , foreseeing those severer scatterings which will certainly befall such as wantonly refuse to be gathered to their duty : fatall blindnesse frequently attending and punishing wilfull , so that men shall not be able at last to prevent their sorrows , who would not timely repent of their sin ; nor shall they be suffered to enjoy the comforts , who securely neglect the councels belonging to their peace . they will find that brethren in iniquity are not far from becomming insolent enemies , there being nothing harder then to keep ill men long in one mind . nor is it possible to gaine a faire period for those notions which go rather in a round and circle of fansie , than in a right line of reason tending to the law , the onely center of publique consistency ; whither i pray god at last bring all sides . which will easily be done , when we shall fully see how much more happy we are , to be subject to the known laws , then to the various wills of any men , seem they never so plausible at first . vulgar compliance with any illegall and extravagant waies , like violent motions in nature , soon grows weary of it selfe , and ends in a refractory sullennesse : peoples rebounds are oft in their faces , who first put them upon those violent strokes . for the army ( which is so far excusable , as they act according to souldiers principles , and interests , demanding pay and indempnity ) i think it necessary , in order to the publike peace that they should be satisfied , as far as is just ; no man being more prone to consider them then my selfe ●though they have fought against me , yet i cannot but so far esteem that valour and gallantry they have sometime shewed , as to wish i may never want such men to maintaine my selfe , my laws , and my kingdoms , in such a peace , as wherein they may enjoy their share and proportion as much as any men . but thou , o lord , who art perfect vnity in a sacred trinity , in mercy behold those , whom thy iustice hath divided . deliver me from the strivings of my people , and make me to see how much they need my prayers and pity , who agreed to fight against me ; and 〈◊〉 are now ready to fight against one another ; to the continuance of my kingdomes distractions . discover to all sides the wayes of peace , from which they have swarved : which consists not in the divided wills of parties , but in the point and due observation of the lawes . make me willing to go whither thou wilt lead me by thy providence ; and be thou ever with me that i may see thy constancy in the worlds variety and changes , make me even such as thou wouldst have me , that i may at last enioy that safety and tranquility which thou alone canst give me. divert , j pray thee , o lord , thy heavy wrath iustly hanging over those populous cityes , whose plenty is prone to adde fewell to their luxury , their wealth to make them wanton , their multitudes tempting them to security , and their security exposing them to unexpected miseries . give them eyes to see , hearts to consider , wills to embrace , and courage to act those things which belong to thy glory and the publique peace , lest their calamity come upon them as an armed man. theach them , that they cannot want enemies who abound in sinne , nor shall they be long un-disarmed and un-destroyed , who , with a high hand persisting to ●ight ; gainst thee & the clear convictions of their own consciences , fight more against themselves , than ever they did against me. their sinnes exposing them to thy iustice , their riches too ther 's injuryes , their number to tumults , and their tumults to confusion . though they have with much forwardnesse helped to destroy me , yet let not my fall be their ruine . let me not so much consider , either what they have done , or i have suffered , ( chiefly at first by them ) as to forget to imitate my crucified redeemer , to plead their ignorance for their pardon ; and in my dying extremities to pray to thee o father to forgive them , for they know not what they did . the teares they have denied me in my saddest condition , give them grace to bestow upon themselves who the lesse they were for me , the more cause they have to weep for themselves . o let not my bloud be upon them and their children , whom the fraud and faction of some , not the malice of all , have excited to crucifie me. but thou o lord , canst and wilt ( as thou dist my redeemer ) both exalt and perfect me by my sufferings , which have more in them of thy mercy then of mans cruelty , or thy owne iustice . portrait of charles i natus may an o aetatis . ● ▪ to the prince of vvales , son , if these papers , with some others , wherein i have set down the private reflections of my conscience , and my most impartiall thoughts , touching the cheif passages , which hath been most remarkable , or disputed in my late troubles , come to your hands , to whom they are chiefly designed ; they may be so far usefull to you , as to state your judgement aright in what hath passed ; whereof a pious is the best use can be made ; and they may also give you some directions , how to remedy the present distempers , and prevent ( if god will ) the like for time to come . it is some kind of deceiving and lessening the injury of my long restraint , when i find my leisure & solitude have produced something worthy of my self , and usefull to you ; that neither you , nor any other , may hereafter measure my cause by the successe ; nor my judgement of things , by my misfortunes ; which i count the greater by far , because they have so farr lighted upon you , and some others , whom i have most cause to love , as well as my self ▪ and of whose unmerited sufferings i have a greater sense , then of mine own . but this advantage of wisdome you have above other princes ; that you have begunne and now spent some years of discretion , in the experience of troubles , and exercise of patience , wherein piety , and all vertues , both morall and politicall , are commonly better planted to a thriving ( as trees set in winter ) then in the warmth and serenity of times ; or amidst those delights , which usually attend princes courts in times of peace and plenty ; which are prone , either to root up all plants of true vertue and honour ; or to be contented only with some leaves , and withering formalities of them , without any reall fruits , such as tend to the publick good ; for which princes should alwayes remember they are borne , and by providence designed . the evidence of which different education the holy vvrit affords us in the contemplation of david and rehoboham : the one prepared , by many afflictions , for a flourishing kingdome ; the other unsoftned by the unparalel'd prosperity of solomons court : and so corrupted to the great diminution , both for peace , honour , and kingdome , by those flatteries , which are as unseparable from prosperous princes , as flies are from fruit in summer ; whom adversity , like could weather , drives away . i had rather you should be charles le bon , then le grand , good , then great ; i hope god hath designed you to both , having so early put you into that exercise of his graces , and gifts bestowed upon you , which may best weed out all vicious inclinations , and dispose you to those princely endowments , & employments , which will most gain the love , and intend the welfare of those , over whom god shall place you . with god i would have you begin and end , who is king of kings ; the soveraign disposer of the kingdomes of the world , who pullest down one , and setteth up another . the best government , & highest sove raignty you can attain to , is , to be subject to him , that the scepter of his word and spirit may rule in your heart . the true glory of princes consists in advancing gods glory in the maintenance of true religion and the churches good ; also in the dispensation of civill power , with justice and honour to the publike peace . piety will make you prosperous ; at least it wil keep you from being miserable ; nor is he much a loser , that looseth all , yet saveth his own soul at last . to which center of true happinesse god , i trust , hath and will graciously direct all these black lines of affliction , which he hath bin pleased to draw on me , and by which he hath ( i hope ) drawn me nearer to himself . you have already tasted of that cup , whereof i have liberally drank ; which i look upon as gods phisick , having that in healthfulnesse , which it wants in pleasure . above all i would have you , as i hope you are already , well-grounded & setled in your religion : the best profession of which i have ever esteemed that of the church of england , in which you have been educated , yet i would have your own iudgement and reason now seal to that sacred bond which education hath written , that it may be judiciously your owne religion , and not other mens custome or tradition , which you professe . in this i charge you to persevere , as comming nearest to gods vvord for doctrine , and to the primitive examples for government , with soms little amendment , which i have otherwhere expressed , and often offered , though in vaine . your fixation in matters of religion will not be more necessary for your soule , then your kingdoms peace , when god shall bring you to them . for i have observed , that the divell of rebellion doth commonly turne himselfe into an angell of reformation ; and the old serpent can pretend new lights : when some mens consciences accuse them for sedition and faction , they stop its mouth with the name and noise of religion ; when piety pleads for peace and patience , they cry out zeale . so that , unlesse in this point you be well settled , you shall never want temptations to destroy you and yours , under pretensions of forming matters of religion ; for that seemes , even to worst men , as the best and most auspicious beginning of their worst designes . vvhere , besides the novelty which is taking enough with the vulgar , every one hath an affection , by seeming forward to an outward reformation of religion , to be thought zealous ▪ hoping to cover those irreligious deformities whereto they are conscious , by severity of censuring other mens opinions or actions . take heed of abetting any factions : or applying to any publick discriminations in matters of religion , contrary to what is in your judgement , and the church well setled ; your partiall adhering , as head , to any one side gaines you not so great advantages in some mens hearts ( who are prone to be of their kings religion ) as it loseth you in others ; who think themselves , and their profession first despised , then persecuted by you : take such a course as may either with calmnesse and charity quite remove the seeming differences and offences by impartiality , or so order affairs in point of power , that you shall not need to feare or flatter any faction . for if ever you stand in need of them , or must stand to their curtesie , you are undone : the serpent will devour the dove : you may never expect lesse of loyalty , justice , or humanity , than from those , who engage into religious rebellion ; their interest is alwaies made gods ; under the colours of piety , ambitious policies march , not only with greatest security , but applause , as to the populacy ; you may heare from them iacob's voyce , but you shall feel they have esau's hands . nothing seemed lesse considerable then the presbyterian faction in england , for many yeeres ; so compliant they were to publique order : nor indeed was their party great either in church , or state , as to mens judgments : but as soon as discontents drave men into sidings ( as ill humors fall to the dissaffected part , which causes inflamations ) so did all , at first , who affected any novelties , adhere to that side , as the the most remarkable and specious note of difference ( then ) in point of religion , all the lesser factions at first were officious servants to presbytery their great masters : till time and military successe , discovering to each their peculiar advantages , invited them to part stakes ; and , leaving the joynt stock of uniform religion , pretended each to drive for their party the trade of profits & preferments , to the breaking and undoing not only of the church , and state , but even of presbytery it selfe , which seemed and hoped at first to have ingrosed all . let nothing seem little or despicable to you in matters which concern religion & the churches peace , so as to neglect a speedy reforming an effectuall suppressing errours and schisms ; which seem at first but as a hand bredth , by seditious spirits , as by strong winds , are soon made to cover and darken the whole heaven . vvhen you have done justice to god , your owne soule and his church , in the profession and preservation both of truth and unity in religion : the next maine hinge on which your prosperity will depend , and move , is , that of civil justice , wherein the setled lawes of these kingdomes , to which you are rightly heire , are the most excellent rules you can governe by ; which by an admirable temperament give very much to subjects industry , liberty , and happinesse ; and yet reserve enough to the majesty and prerogative of any king , who ownes his people as subjects , not as slaves ; whose subjection , as it preserves their property , peace , and safety , so it will never diminish your rights , nor their ingenuous liberties ; which consists in the enjoyment of the fruits of their industry , and the benefit of those lawes to which themselves have consented . never charge your head with such a crown , as , shall by its heavinesse oppresse the whole body the weaknesse of whose parts cannot returne any things of strength , honour , or safety , to the head , but a necessary debiliatation and ruine . your prerogative is best shewed and exercised in remitting , rather then exacting the rigor of the lawes ; there being nothing worse than legall tyranny . in these two points , the preservation of established religion and lawes , i may ( without vanity ) turn the reproach of my sufferings , as to the worlds censure , into the honour of a kind of martyrdome , as to the testimony of my own conscience ; the troublers of my kingdomes have nothing else to object against me but this , that i preferre religion and laws established before those alterations they propounded . and so indeed i doe , and ever shall , till i am convinced by better arguments , then what hitherto hath been chiefly used towards me , tumults , armies , and prisons . i cannot yet learne that lesson , nor i hope ever will you , that it is safe for a king to gratifie any faction with the perturbation of the laws , in which is wrapt up the publick interest , and the good of the community . how god will deal with me , as to the removal of these pressures , and indignities , which his justice , by the very unjust hands of some of my subjects , hath been pleased to lay upon me , i cannot tell : nor am i much solicitous what wrong i suffer from men , while i retaine in my foule , what i beleive is right before god. i have offered all for reformation and safety , that in reason , honour , and conscience i can ; reserving only what i cannot consent unto , without an irreparable injury to my owne soule , the church , and my people , and to you also , as the next and undoubted heire of my kingdoms . to which if the divine providence , to whom no difficulties are insuperable , shall in his due time after my decease bring you , as i hope he will ; my counsell and charge to you , is ; that you seriously consider the former , reall , or objected miscarriages , which might occasion my troubles , that you may avoid them . never repose so much upon any mans single councell , fidelity , and discretion , in managing affairs of the first magnitude , ( that is , matters of religion and justice ) as to create in your selfe , or others , a diffidence of your own judgement , which is likely to be alwayes more constant and impartiall to the interests of your crowne and kingdom then any mans . next , beware of exasperating any factions by the crosnesse , and asperity of some mens passions , humours , and private opinions ; imployed by you , grounded onely upon the differences in lesser matters , which are but the skirts & subb●rbs of religion . wherein a charitable connivence and christian toleration often dissipates their strength , whō rougher opposition fortifies ; and puts the despised and oppressed party , into such combinations , as may most enable them to get a full revenge on those they count their persecutors ; who are commonly assisted by that vulgar commiseration , which attends al , that are said to suffer under the notion of religon . provided , the differences amount not to an insolent opposition of laws , and government , or religion established , as to the essentials of them ; such motions and minings are intollerable . alwaies keep up solid piety , and those fundamentall truths ( which mend both hearts ; and lives of men ) with impartiall favour and justice . take heed that outward circumstances and formalities of religion devour not all , or the best encouragements of learning , industry , and piety ; but with an equall eye , and impartiall hand , distribute favours and rewards to all men , as you find them for their reall goodnesse both in abilities and fidelity worthy and capable of them . this will be sure to gaine you the hearts of the best , and the most too ; who , though they be not good themselves , yet are glad to see the severer wayes of virtue at any time sweetned by temporall rewards . i have , you see , conflicted with different and opposite factions , ( for so i must needs call and count all those , that act not in any conformity to the lawes established , in church and state ) no sooner have they by force subdued what they counted their common enemy , ( that is , all those that have adheered to the lawes , and to mee ) and are secured from that fear , but they are divided to so high a rivarly , as sets them more at defiance against each other , than against their first antagonists . time will dissipate all factions when once the rough horns of private mens covetous and ambitious designes shall discover themselves ; which were at first wrapt up and hidden under the soft and smooth pretensions of religion , reformation , and liberty : as the wolfe is not lesse cruell , so he will be more justly hated , when he shall appear no better than a wolf under sheeps cloathing . but , as for the seduced train of the vulgar , who in their simplicity follow those disguises , my charge and councel to you , is , that as you need no palliations for any designes , ( as other men , ) so that you study really to exceed ( in true and constant demonstrations of goodnesse , piety , and virtue , towards the people ) even all those men , that make the greatest noise & ostentations of religion , so you shall neither fear any detection , ( as they doe , who have but the face and mask of goodnesse ) nor shall you frustrate the just expectations of your people ; who cannot in reason promise themselves so much good from any subjects noveltis , as from the vertuous constancy of their king. vvhen these mountains of congealed factions shall by the sunshine of gods mercy , and the splendour of your virtues be thawed and dissipated ; and the abused vulgar shall have learned , that none are greater oppressours of their estates , liberties , and consciences , than those men , that entitle themselves , the patrons and vindicators of them , onely to usurp power over them ; let then no passion betray you to any study of revenge upon those , whose own sinne and folly will sufficiently punish them in due time . but as soon as the forked arrow of factious emulations is drawn out , use all princely arts , and clemency , to heal the wounds ; that the smart of the cure may not equall the angnish of the hurt . i have offered acts of indempnity , and oblivion , to so great a latitude , as may include all , that can but suspect themselves to be any way obnoxious to the laws ; and which might serve to exclude all future jealousies and securities . i would have you alwayes propense to the same way ; when ever it shall be desired and accepted , let it be granted , not only as an act of state-policy and necessity , but of christian charity and choice . it is all i have now left me , a power to forgive those , that have deprived me of all ; and , i thank god , i have a heart to do it ; and joy as much in this grace , which god hath given me , as in all my former enjoyments ; for this is a greater argument of gods love to me , than any prosperity can be . be confident ( as i am ) that the most of all sides who have don amisse , have don so , not out of malice , but mis-information , or mis-apprehension of things . none will be more loyall and faithfull to me and you , than those subjects , who sensible of their errours , and our injuries , will feel in their own soules most vehement motives to repentance ; and earnest desires to make some reparations for their former defects . as your quality sets you beyond any duell with any subject ; so the noblenesse of your mind must raise you above the meditating any revenge , or executing your anger upon the many . the more conscious you shall be to your own merits , upon your people , the more prone you will be to expect all love and loyalty from them ; and to inflict no punishment upon them for former miscarriages : you will have more inward complacency in pardoing one , than in punishing a thousand . this i write to you , not despairing of gods mercy , & my subjects affections towards you ; both which , i hope , you wil study to deserve ; yet we cannot merit of god , but by his own mercy . if god shall see fit to restore me , and you after me , to those enjoyments , which the lawes have assigned to us , and no subjects , without an high degree of guilt and sinne can devest us of ; then may i have better opportunity , when i shal be so happy to see you in peace , to let you more fully understand the things that belong to gods glory , your own honour , and the kingdoms peace . but , if you never see my face againe , and god will have me buried in such a barbarous imprisonment and obscurity , ( which the perfecting some mens designes require ) wherein few hearts that love me are permitted to exchange a word , or a look with me ; i do require & entreat you as your father , and your king , that you never suffer your heart to receive the least check against , or disaffection from the true religion established in the church of england . i tell you , i have tried it , and after much search , and many disputes , have concluded it to be the best in the world ; not only in the community , as christian , but also in the speciall notion , as reformed ; keeping the middle way between the pomp of superstitious tyranny , and the meannesse of fantastique anarchy . not but that ( the draught being excellent as to the maine , both for doctrine and government , in the church of england ) some lines , as in very good figures , may happily need some sweetning , or pollishing ; which might here have easily been done by a safe and gentle hand ; if some mens precipitancy had not violently demanded such rude alterations , as would have quite destroyed all the beauty and proportions of the whole . the scandall of the late troubles , which some may object , and urge to you against the protestant religion established in england , is easily answered to them , or your owne thoughts in this , that scarce any one who hath been a beginner , or an active prosecutor of this late vvarre against the church , the lawes , and me , either was , or is a true lover , embracer , or practiser of the protestant religion , established in england : which neither give such rules , nor ever before set such examples . 't is true , some heretofore had the boldnesse to present threatning petitions to their princes and parliaments , which others of the same faction ( but of worse spirits ) have now put in execution : but let not counterfeit and disorderly zeal abate your value and esteem of true piety ; both of them are to be known by their fruits ; the sweetnesse of the vine & fig-tree is not to be despised , though the brambles & thorns should pretend to bear figs and grapes thereby to rule over the trees ▪ nor would i have you to entertaine any aversation or dislike of parliaments ; which , in their right constitution with freedome and honour , will never injure or diminish your greatnesse , but will rather be as interchangings of love , loyalty , and confidence , between a prince and his people . nor would the events of this blacke parliament have been other then such ( however much biassed by factions in the elections ) if it had heen preserved from the insolencyes of popular dictates , and tumultuary impressions : the sad effects of which will , no doubt make all parliaments after this more cautious to preserve that freedome , and honour , which belongs to such assemblies ( when once they have fully shaken off this yoke of vulgar encroachment ) since the publique interest consists in the mutuall and common good both of prince and people . nothing can be more happy for all , than in faire , grave , and honourable waies to contribute their counsels in common , enacting all things by publique consent ; without tyranny or tumults . we must not starve our selves , because some men have surfeited of wholsome food . and if neither i , nor you , be ever restored to our rights , but god , in his severest justice , will punish my subjects with continuance in their sinne , and suffer them to be deluded with the prosperity of their wickednesse ; i hope god will give me , and you , that grace , which , will teach and enable vs , to want , as well as to weare a crowne ; which is not worth taking up , or enjoying upon sordid , dishonourable , and irreligious terms . keep you to true principles of piety , virtue , and honour , you shall never want a kingdom . a principall point of your honour will consist in your deferring all respect , love , and protection to your mother , my wife ; who hath many waies deserved well of me , and chiefly in this , that ( having beene a meanes to blesse me with so many hopefull children ; all which , with their mother , i recommend to your love , and care ) she hath been content with incomparable magnanimity and patience to suffer both for , and with me ; and you . my prayer to god almighty , is , ( what ever becomes of me , who am , i thank god , wrapt up and fortified in my owne innocency , and his grace ) that he would be pleased to make you an anchor , or harbour rather , to these tossed and weather-beaten kingdomes ; a repairer by your wisdome , iustice , piety , and valour , of what the folly and wickednesse of some m●n have so farre ruined , as to leave nothing entire in church or state ; to the crowne , the nobility , the clergy , or the commons ; either as to lawes , liberties , estates , order , honour , conscience , or lives . when they have destroyed me , ( for i know not how farre god may permit the malice and cruelty of my enemies to proceed , and such apprehensions some mens words and actions have already given me ) as i doubt not but my bloud will crie aloud for vengeance to heaven ; so i beseech god not to poure out his wrath upon the generality of the people , who have either deserted me , or engaged against me , through the artifice and hypocrisie of their leaders ; whose inward horrour will be their first tormenter , nor will they escape exemplary judgements . for those that loved me , i pray god , they may have no misse of me , when i am gone ; so much i wish and hope , that all good subjects may be satisfyed with the blessings of your presence & virtues . for those that repent of any defects , in their duty toward me , as i freely forgive them in the word of a christian king , so i beleive you will find them truly zealous , to repay with interest that loyalty and love to you , which was due to me. in summe , what good i intended , do you performe ; when god shall give you power : much good i have offered , more i purposed to church and state , if times had been capable of it . the deception will soon vanish , and the vizards will fall off apace ; this maske of religion on the face of rebellion ( for so it now plainly appears , since my restraint and cruell usage , that they fought not for me , as was pretended ) will not long serve to hide some mens deformities . happy times i hope attend you ; wherein your subjects ( by their miseries ) will have learned , that religion to their god , and loyalty to their king , cannot be parted without both their sin & their infelicity and if god blesse you , and establish your kingdomes in righteousnesse , your soule in true religion , and your honour in the love of god and your people . and if god will have disloyalty perfected by my destruction ; let my memory ever , with my name , live in you ; as of your father , that loves you : and once a king of three flourishing kingdomes ; whom god thought fit to honour , not only with the scepter and government of them , but also with the suffering many indignities , and an untimely death for them ▪ while i studied to preserve the rights of the church , the power of the lawes , the honour of my crown , the priviledge of parliaments , the liberties of my people , and my owne conscience ; which , i thank god , is dearer to me than a thousand kingdomes . i know god can , i hope he yet will , restore me to my rights : i cannot despaire either of his mercy , or of my peoples love and pity . at worst , i trust i shall but go before you to a better kingdome , which god hath prepared for me , and me for it , through my saviour jesus christ , to whose mercies i commend you and all mine . farewell , till we meet , if not on earth , yet in heaven . meditations upon death , after the votes of non-addresses , and his maiesties closer jmprisonment in carisbrooke-castle . as i have leisure enough , so i have cause more than enough , to meditate upon , & prepare for my death : for , i know , there are but few steps between the prisons and grave of princes . it is gods indulgence , which gives me the space ; but mans cruelty , that gives me the sad occasions for these thoughts . for , besides the common burden of mortality , which lies upon me , as a man ; i now bear the heavy load of other mens ambitions , fears , jealousies , and cruell passions , whose envy or enmity against me makes their owne lives seem deadly to them , while i enjoy any part of mine . i thank god , my prosperity made me not wholly a stranger to the contemplations of mortality : those are never unseasonable , since this is alwayes uncertain : death being an eclipse , which oft happineth as well in clear , as cloudy dayes . but my now long and sharp adversity hath so reconciled in me those naturall antipathies between life and death , which are in all men , that i thank god , the common terrours of it are dispelled ; and the speciall horour of it , as to my particular , much allayed : for , although my death at present may justly be represented to me with all those terrible aggravations , which the policy of cruel and implacable enemies can put upon it , ( affaires being drawne to the very dregs of malice ) yet i blesse god , i can look upon all those stings , as unpoysonous , though sharp ; since my redeemer hath eith er pulled them out , or given me the antidote of his death against them , which , as to the immaturity , unjustice , shame scorn , and cruelty of it , exceeded what ever i can fear . indeed , i never did find so much the life of religion , the feast of a good conscience , and the brazen wall of a judicious integrity and constancy , as since i came to these closer conflicts with the thoughts of death . i am not so old , as to be weary of life ; nor ( i hope ) so bad , as to be either afraid to dye , or ashamed to live : true , i am so afflicted , as might make me sometime even desire to die ; if i did not consider , that it is the greatest glory of christians life to dye daily , in conquering by a lively faith , and patient hopes of a better life , those partiall and quotidian deaths , which kills us ( as it were ) by peicemeales and make us over-live our own fates ; while we are deprived of health , honour , liberty , power , credit , safety , or estate ; & those other comforts of dearest relations , which are as the life of our lives . though , as a king , i think my selfe to live in nothing temporall so much as in the love and good-will of my people ; for which , as i have suffered many deaths , so i hope i am not in that point as yet wholly dead : notwithstanding , my enemies have used all the poyson of falsity and violence of hostility to destroy , first the love and loyalty , which is in my subjects ; and then all that content of life in me , which from these i chiefly enjoyed . indeed , they have left me but little of life , and only the husk and shell ( as it were ) which their further malice and cruelty can take from me ; having bereaved me of all those worldly comforts , for which life it selfe seems desirable to men . but , o my soule ! think not that life too long , or tedious , wherein god gives thee any opportunities , if not to doe , yet to suffer with such christian patience and magnanimity in a good cause , a sare the greatest honour of our lives , and the best improvement of our deaths . i know , that in point of true christian valour , it argues pusillanimity to desire to die out of wearinesse of life ; and a want of that heroick greatnesse of spirit which becomes a christian in the patient and generous sustaining those afflictions , which as shaddows necessarily attend us , while we are in this body ; and which are lessened or enlarged as the sun of our prosperity moves higher or lower : whose totall absence is best recompensed with the dew of heaven . the assaults of affliction may be terrible ; like sampson's lyon , but they yeeld much sweetnesse to those , that dare to encounter and overcome them ; who know how to overlive the witherings of their gourds without discontent or peevishnesse , while they may yet converse with god. that i must dye as a man , is certain ; that i may dye a king , by the hands of my own subjects , a violent , sodain & barbarous death ; in the strength of my years , in the midst of my kingdoms ; my friends and loving subjects being helples spectators ; my enemies insolent revilers and triumphers over me ; living , dying , & dead , is so probable in humane reason ; that god hath taught me not to hope otherwise as to mans cruelty ; however , i despair not of gods infinite marcy . i know my life is the object of the devils & wicked mens malice ; but yet under gods sole custody and disposall : whom i do not think to flatter for longer life by seeming prepared to dye , but i humbly desire to depend upon him , and to submit to his will both in life and death , in what order soever he is pleased to lay them out to me . i confesse it is not easie for me to contend with those many horrors of death , wherewith god suffers me to be tempted ; which are equally horrid , either in the suddennesse of a barbarous assasination ; or in those greater formalities , whereby my enemies ( being more solemnly cruell ) will , it may be , seek to add ( as those did who crucified christ ) the mockery of justice , to the cruelty of malice : that i may be destroyed , as with greater pomp and artifice , so with les pitty , it wil be but a necessary pollicy to make my death appeare as an act of justice , don by subjects upon their soveraigne , who know that no law of god or man invests them with any power of judicature without me , much lesse against me : and who , being sworn , and bound by all that is sacred before god and man , to endeavour my preservation , must pretend justice to cover their perjury . it is , indeed , a sad fate for any man to have his enemies to be accusers , parties , and judges ; but most desperate , when this is acted by the insolence of subjects against their soveraigne ; wherein those , who have had the chiefest hand , and are most guilty of contriving the publike troubles , must by shedding my blood seem to wash their owne hands of that innocent bloud whereof they are now most evidently guilty before god and man ; and i beleive in their own consciences too , while they carried on unreasonable demands ; first by tumults , after by armies . nothing makes meane spirits more towardly-cruel in managing their usurped power against their lawfull superiours than this , the guilt of their uniust usurpation : notwithstanding those specious and popular pretensions of justice against delinquents applyed only to disguize at first the monstrousnesse of their designs , who despaired , indeed , of possessing the power and profits of the vineyeard , till the heire whose right it is , be cast out and slaine . with them my greatest fault must be , that i would not either destroy my selfe with the church and state by my word , or not suffer them to do it unresisted by the sword ; whose covetous ambition no concessions of mine could ever yet either satisfie , or abate . nor is likely they will ever think , that kingdome of brambles which some men seek to erect ( at once , weak , sharp , and fruitlesse , either to god or man ) is like to thriue till watred with the royal bloud of those , whose right the kingdom is . wel , gods will be don , i doubt not but my innocency will find him both my protectour , and my advocate who is my only iudge , whom i owne as king of kings , not onely for the eminency of his power and majesty above them ; but also for that singular care and protection , which he hath over them : who knows them to be exposed to as many dangers ( being the greatest patrons of law , justice , order , & religion on earth ) as there be either men or devills ; which love confusion . nor will he suffer those men long to prossper in their babel , who build it with the bones , and cement it with the bloud of their kings . i am confident they will find avengers of my death amongst themselves : the injuries i have susteined from them shall be first punished by them , who agreed in nothing so much as in opposing me. their impatience to bear the loud cry of my bloud , shall make them thinke no way better to expiate it , than by shedd ing theirs , who , with them , most thirsted after mine . the sad confusions following my destruction , are already presaged and confirmed to me by those i have lived to see since my troubles ; in which god alone ( who only could ) hath many wayes pleaded my cause ; not suffering them to go unpuin shed , whose confederacy in sin was their only security ; who have cause to fear that god wil both further divide , and by mutual vengeance , afterwards destroy them , my greatest conquest of death is from the power and love of christ , who hath swallow'd up death in the victory of his resurrection , and the glory of his ascention . my next comfort is , that he gives me not onely the honour to imitate his example in suffering for righteousnesse sake , ( though obscured by the foulest charges of tyranny and injustice ) but also , that charity , which is the noblest revenge upon , and victory over my destroyers : by which , i thank god , i can both forgive them , & pray for them , that god would not impute my bloud to them further then to convince them , what need they have of christs bloud to wash their soules from the guilt of shedding mine . at present , the will of my enemies seems to be their only rule , their power the measure , and their successe the exactor , of what they please to call justice ; while they flatter themselves with the fancy of their owne safety by my danger , and the security of their lives and designes by my death : forgetting , that as the greatest temptations to sinne are wrapped up in seeming prosperities , so the severest vengeance of god are then most accomplished , when men are suffered to compleat their wicked purposes . i blesse god , i pray not so much , that this bitter cup of a violent death may passe from me , as that of his warth may passe from all those whose hands , by deserting me , are sprinkled , or by acting and consenting to my death , are embrued with my bloud . the will of god hath confined , and concluded mine ; i shall have the pleasure of dying , without any pleasure of desired vengeance . this i think becomes a christian toward his enemies , and a king toward his subjects . they cannot deprive me of more than i am content to lose , when god sees fit by their hands to take it from me ; whose mercy , i believe , will more then infinitely recompence what ever by mans injustice , he is pleased to deprive me of . the glory attending my death will farre surpasse all i could enjoy , or conceive in life . i shall not want the heavy and envyed crownes of this world , when my god hath mercifully crowned and consummated his graces with glory , and exchanged the shadows of my earthly kingdomes among men , for the substance of that heavenly kingdom with himselfe . for the censures of the world ; i know the sharpe and necessary tyranny of my destroyers will sufficiently confute the calumnies of tyranny against me ; i am perswaded i am happy in the judicious love of the ablest and best of my subjects , who doe not onely pity and pray for me , but would be content even to dye with me , or for me . these know how to excuse my failings ; as a man , and yet to retaine and pay their duty to me as their king ; there being no religious necessity binding any subjects by pretending to punish , infinitely to exceede , the faults and errours of their princes ; especially there , where more then sufficient satisfaction hath been made to the publike ; the enjoyment of which , private ambitions have hitherto frustrated . others , i beleive , of softer tempers , and lesse advantaged by my ruine , doe already feel sharp convictions , and some remorse in their consciences : where they cannot but see the proportions of their evill dealings against me in the measure of gods retaliations upon them who cannot hope long to enjoy their owne thumbs and toes , having under pretence of paring others nails , bin so cruell as to cut off their chiefest strength . the punishment of the more insolent and obstinat may be like that of korah and his complices ( at once mutining against both prince and priest ) in such a method of divine justice , as is not ordinary ; the earth of the lowest and meanest people opening upon them , and swallowing them up in a just disdain of their ill-gotten and worse-used authority : upon whose support and strength they cheifly depended for their building and establishing their designes against me , the church and state. my chiefest comfort in death consists in my peace , which i trust , is made with god ; before whose exact tribunall i shal not fear to appear , as to the cause so long disputed by the sword , between me and my causlesse enemies , where i doubt not but his righteous judgment wll con●ute their fallacy , who from worldly successe ●rather like sophisters , than sound christians ) ●raw those popular conclusions for gods ap●robation of their actions ; whose wise provi●ence ( we know ) oft permits many events which ●s revealed word ( the only clear , safe and fixed rule of good actions & good consciences ) in no sort approves . i am confident the justice of my cause , and clearnesse of my conscience before god and toward my people wil carry me as much above them in gods decision , as their successes have lifted them above me in the vulgar opinion who consider not , that many times those undertakings of men are lifted up to heaven in the prosperity and applause of the world , whose rise is from hell , as to the injuriousnesse and oppression of the designe . the prosperous winds which oft fill the sayles of pyrates , doth not justifie their piracy and rapine . i look upon it with infinite more content and quiet of soule , to have been worsted in my enforced contestation for , and vindication of the laws of the land , the freedome and honour of parliaments ; the rights of my crown , the just liberty of my subjects , and the true christian religion in its doctrine , government and due encouragements , then if i had , with the greatest advantages of successe , overborn them all , as some men have now evidently done , whatever designes they at first pretended . the prayers and patience of my freinds and loving subjects will contribute much to the sweetning of this bitter cup , which i doubt not but i shall more cheerefuly take and drink as from gods hand ( if it must be so ) than they can give it me , whose hands are unjustly and barbarously lifted up against me . and as to the last event , i may seeme to owe more to my enemies , than my freinds ; while those will put a period to the finnes and sorrows attending this miserable life wherewith these desire , i might still contend . i shall be more then conquerour through christ enabling me : for whome i have hitherto suffered : as he is the authour of truth , order , and peace ; for all which i have beene forced to contend against errour , faction and confusion . if i must suffer a violent death with my saviour ; it is but mortality crowned with martyrdome : where the debt of death , which i owe for sinne to nature , shall be raised , as a gift of faith and patience offered to god. which i humbly beseech him mercifully to accept ; and although death be the wages of my owne sinne , as from god , and the effect of other sinnes , as men , both against god and me ; yet as i hope my owne sinnes are so remitted , that they shall be no ingredients to imbitter the cup of my death , so i desire god to pardon their sinnes , who are most guilty of my destruction . the trophees of my charity will be more glorious and durable over them , than their ill-managed victories over me . though their sin be prosperous , yet they had need to be penitent , that they may be pardoned : both which , i pray god they may obtaine : that my temporall death unjustly inflicted by them , may not be revenged by gods just inflicting eternall death upon them : for i look upon the temporall destruction of the greatest king , as far lesse deprecable , than the eternall damnation of the meanest subject . nor do i wish other , than the safe bringing of the ship to shore , when they have cast me over-board ; though it be very strange , that marriners can find no other means to appease the storme , themselves have raised , but by drowning their pilot. i thank god , my enemies cruelty cannot prevent my preparation ; whose malice in this i shall defeat , that they shall not have the satisfaction to have destroyed my soule with my body ; of whose salvation , while some of them have themselves seemed , and taught others to despaire , they have only discover'd this , that they do not much desire it . vvhose uncharitable and cruell restraints , denying me even the assistance of any of my chaplains , hath rather enlarged , than any way obstructed my accesse to the throne of heaven . where thou dwellest , o king of kings ; who fillest heaven and earth , who art the fountain of eternall life , in whom is no shadow of death . thou o god , art both the iust afflicter of death upon ns , and the mercifull saviour of us in it , and from it . yea , it is better for us to be dead to our selves and live in thee , than by living in our selves to be deprived of thee . o make the many bitter agravations of my death as a man , and a king , the opportunities and advantages of thy speciall graces and comforts in my soule , as a christian . if thou lord wilt be with me , i shall neither fear nor feel any evill , though i walk through the valey of the shadow of death . to contend with death is the work of a weak and mortall man ; to overcome it is the grace of thee alone , who art the almighty and immortal god. o my saviour , who knowest what it is to dye with me , as a man ; make me to know what it is to pass through death to life with thee my god. though i dye , yet i know , that thou my redeemer livest for ever : though thou slayest me , yet thou hast incouraged me to trust in thee for eternal life . o withdraw not thy favour from me , which is better than life . o be not farre from me , for i know not how neer a violent and cruel death is to me. as thy omniscience , o god , discovers ; so thy omnipotence can defeat the designes of those who have , or shall conspire my destruction . o shew me thy goodnesse of thy will , through the wickednesse of theirs . thou givest me leave as a man to pray , that this cup may passe from me ; but thou hast taught me as a christian by the example of christ to adde , not my will , but thine be done . yea lord , let our wills be one , by wholy resolving mine into thine : let not the desire of life in me be so great , as that of doing or suffering thy will in either life or death . as i believe thou hast forgiven all the errors of my life , so i hope thou wilt save me from the terrours of my death . make me content to leave the worlds nothing , that i may come really to enioy all in thee , who hast made christ unto me in life , gaine , and in death , advantage . though my destroyers forget their duty to thee and me , yet do not thou , o lord , forget to be mercifull to them . for , what profit is there in my bloud , or in their gaining my kingdoms , if they lose their own souls ? such as have not only resisted my iust power , but wholy usurped and turned it against my selfe , though they may deserve , yet let them not receive to themselvs damnation . thou madest thy son a saviou to many that crucified him , while at once he suffered violently by them , and yet willingly for them . o let the voice of his hloud be heard for my murtherers , louder than the cry of mine against them . prepare them for thy mercy by due convictions of their sinne , and let them not at once deceive and damme their owne soules by fallacio●s pretentions of iustice in destroying me , while the conscience of their uniust usurpation of power against me , chiefly tempts them to use all extremities against me . o lord , thou knowest i have found their mercies to me as very false , so very cruell , who pretending to preserve me , have meditated nothing but my ruine . o deal not with them as bloud-thirsty and deceitfull men , but overcome their cruelty with thy compassion and my charity . and when thou makest inquisition for my bloud , o sprinkle their polluted , yet penitent souls with the bloud of thy sonne , that thy destroying angell may passe over them . though they think my kingdoms on earth too little to entertaine at once both them and me , yet let the capacious kingdome of thy infinite mercy at last receive both me and my enemies . when being reconciled to thee in the bloud of the same redeemer , we shall live farre above these ambitious desires , which beget such mortall enmities . when their hands shall be heaviest , and cruellest upon me , o let me fall into the arms of thy tender and eternall mercies . that what is cut off of my life in this miserable moment : may be repaiedin thy ever , blessed eternity . lord , let thy servant depart in peace , for my eyes have seen thy salvation . vota dabunt , quae bella negârunt . finis . a ra-ree show to the tune of i am a senceless thing. colledge, stephen, ?- . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing c a estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a ra-ree show to the tune of i am a senceless thing. colledge, stephen, ?- . leaves : ill. printed for b.t., and sold at his shop ..., london : . in verse. attributed by wing and nuc pre- imprints to colledge. second leaf contains engraved cartoon entitled: west-ward hoy. reproduction of the original in the huntington library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng great britain -- politics and government -- - -- anecdotes - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion a ra-ree show . to the tune of i am a senceless thing . leviathan . come hither , topham , come , with a hey , with a hey , bring a pipe and a drum , with a ho , where e're about i go , attend my ra-ree show , with a hey , trany nony nony no. topham . that monstrous foul beast , with a hey , with a hey , has houses twain in 's chest , with a ho , o cooper , hughs and snow , stop thief with ra-ree show , with a hey , trany nony nony no. for if he should escape , with a hey , with a hey , with halifaxes trap with a ho , he 'd carry good dom. com. unto the pope of rome , with a hey , trany nony nony no. levi. be quiet ye dull tools , with a hey , with a hey , as other free-born fools with a ho , do not all gaping stand , to see my slight of hand ? with a hey , trany nony nony no. 't is not to rome that i , with a hey , with a hey , lugg about my trumpery , with a ho , but oxford , york , carlile , and round about the isle , with a hey , trany nony nony no. but if they would come out , with a hey , with a hey , let them first make a vote , with a ho , to yield up all they have , and tower lords to save , with a hey , trany nony nony no. top. now that is very hard , with a hey , with a hey , thou art worse than cut-nose guard , with a ho , and clifford , danby , hide , hallifax does all outride , with a hey , trany nony nony no. holy ghost in bagg of cloak , with a hey , with a hey , quaking king in hollow oak , with a ho , and rosamond in bower , all badges are of power , with a hey , trany nony nony no. and popularity , with a hey , with a hey , adds power to majesty , with a ho , but dom. com. in little ease , will all the world displease , with a hey , trony nony nony no. levi. let 'um hate so they fear , with a hey , with a hey , curst fox has the best chear , with a ho , two states in blind-house pent , make brave strong government , with a hey , trany nony nony no. top. but child of heathen hobbs , with a hey , with a hey , remember old dry bobbs , with a ho , for fleecing englands flocks , long fed with bits and knocks , with a hey , trany nony nony no. levi. what 's past , is not to come , with a hey , with a hey , now safe is david's bum , with a ho , then hey for oxford ho , strong government , ra-ree show , with a hey , trany nony nony no. ra-ree show is resoul'd , with a hey , with a hey , this is worse than disoul'd , with a ho , may the mighty weight at 's back make 's lecherous loyns to crack , with a hey , trany nony nony no. me-thinks he seems to stagger , with a hey , with a hey , who but now did so swagger , with a ho , gods-fish he 's stuck i' th' mire , and all the fat 's i' th' fire , with a hey , trany nony nony no. help cooper , hughs , and snow , with a hey , with a hey , to pull down ra-ree show , with a ho , so , so , the gyant 's down , let 's masters out of pound , with a hey , trany nony nony no. and now you have freed the nation , with a hey , with a hey , cram in the convocation , with a ho , with pensioners all and some , into this chest of rome , with a hey , trany nony nony no , and thrust in six and twenty , with a hey , with a hey , with not guilty , good plenty , with a ho , and hout them hence away , to cologne or breda , with a hey , trany nony nony no. ha-loo the hunts begun , with a hey , with a hey , like father , like son , with a ho , ra-ree show in french-lap , is gone to take a nap , and successor has the clap , with a hey , trany nony nony no. london , printed for b. t. and sold at his shop in pauls church-yard : for the good of the publick , . west-ward hoy. a ra-ree showe . ra-ree shite's the case of the censors, and other members of the college of physicians, london; humbly offered to the right honourable the lords spiritual and temporal, now in parliament assembled. approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing c a estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the case of the censors, and other members of the college of physicians, london; humbly offered to the right honourable the lords spiritual and temporal, now in parliament assembled. england and wales. parliament. royal college of physicians of london. sheet ([ ] p.). s.n., [london : ca. ] place and date of publication suggested by wing. reproduction of original in the bodleian library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng burwell, thomas, - . gill, thomas, -- dr. dawes, william, -- dr. torless, richard, -- dr. royal college of physicians of london. great britain -- politics and government -- - . broadsides -- england -- th century. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion the case of the censors , and other members of the college of physicians , london ; humbly offered to the right honourable the lords spiritual and temporal , now in parliament assembled . the late censors of the colledge of physicians , dr. tho. burwell , dr. rich. torless , dr. william dawes , and dr. tho. gill , are now prosecuted at law , for not qualifying themselves , according to the statute of k. ch. ii. now on behalf of the said censors it is humbly offered , . that the censors are nominated and chosen by the said college , in pursuance of an act of parliament of the th and th of k. h. . to that employment , which they are obliged to perform under a penalty without salary or profit , and do not exercise it by virtue of any letters patents or commission immediately from the king. . that no one of the censors since the said statute , of the th of k. ch. ii. ever took the said oaths , or subscribed the said declarations , as censors , or understood themselves to be obliged so to do . . that all these four censors are known protestants , and upon other occasions have taken the oaths and subscribed the said declarations , and did voluntarily sign the association , and have upon all occasions testified their affection and zeal for his majesty's service and government , and had readily taken the said oaths , and subscribed the said declarations upon this occasion also , if any former censor had so done , or they had not been advised by their councel , that the censors were not concerned in the said statute . . that if the censors be within the said statute , it is conceived several other members of the said college ( as all such who have been presidents , elects , censors , treasurers and registers ) are liable to prosecution . wherefore it is humbly hoped , that the said censors , and other members of the said colledge , that may be concern'd in the like omission , shall be relieved in this case , in such manner as your lordships shall in your great wisdoms please to think fit . the legall fundamentall liberties of the people of england revived, asserted, and vindicated. or, an epistle written the eighth day of june , by lieut. colonel john lilburn (arbitrary and aristocratical prisoner in the tower of london) to mr. william lenthall speaker to the remainder of those few knights, citizens, and burgesses that col. thomas pride at his late purge thought convenient to leave sitting at westminster ... who ... pretendedly stile themselves ... the parliament of england, intrusted and authorised by the consent of all the people thereof, whose representatives by election ... they are; although they are never able to produce one bit of a law, or any piece of a commission to prove, that all the people of england, ... authorised thomas pride, ... to chuse them a parliament, as indeed he hath de facto done by this pretended mock-parliament: and therefore it cannot properly be called the nations or peoples parliament, but col. pride's and his associates, whose really it is; who, although they have beheaded the king for a tyrant, yet walk in his oppressingest steps, if not worse and higher. lilburne, john, ?- . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing l thomason e _ estc p estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) the legall fundamentall liberties of the people of england revived, asserted, and vindicated. or, an epistle written the eighth day of june , by lieut. colonel john lilburn (arbitrary and aristocratical prisoner in the tower of london) to mr. william lenthall speaker to the remainder of those few knights, citizens, and burgesses that col. thomas pride at his late purge thought convenient to leave sitting at westminster ... who ... pretendedly stile themselves ... the parliament of england, intrusted and authorised by the consent of all the people thereof, whose representatives by election ... they are; although they are never able to produce one bit of a law, or any piece of a commission to prove, that all the people of england, ... authorised thomas pride, ... to chuse them a parliament, as indeed he hath de facto done by this pretended mock-parliament: and therefore it cannot properly be called the nations or peoples parliament, but col. pride's and his associates, whose really it is; who, although they have beheaded the king for a tyrant, yet walk in his oppressingest steps, if not worse and higher. lilburne, john, ?- . lenthall, william, - . [ ], , [ ] p. [s.n.], london : printed in the grand yeer of hypocriticall and abominable dissimulation. . annotation on thomason copy: "june ". reproduction of the original in the british library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng lilburne, john, ?- -- imprisonment -- early works to . england and wales. -- parliament. -- house of commons. civil rights -- england -- sources. great britain -- politics and government -- - -- early works to . great britain -- history -- commonwealth and protectorate, - -- early works to . - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion the legall fundamentall liberties of the people of england revived , asserted , and vindicated . or , an epistle written the eighth day of june , by lieut. colonel john lilbvrn ( arbitrary and aristocratical prisoner in the tower of london ) to mr. william lenthall speaker to the remainder of those few knights , citizens , and burgesses that col. thomas pride at his late purge thought convenient to leave sitting at westminster ( as most fit for his and his masters designes , to serve their ambitious and tyrannical ends , to destroy the good old laws , liberties and customs of england , the badges of our freedom , ( as the declaration against the king , of the of march , pag. . calls them ) and by force of arms to rob the people of their lives , estates and properties , and subject them to perfect vassalage and slavery , as he cleerly evinceth in his present case &c. they have done ) who ( and in truth no otherwise ) pretendedly stile themselves ( the conservators of the peace of england , or ) the parliament of england , intrusted and authorised by the consent of all the people thereof , whose representatives by election . ( in their declaration last mentioned , pag. . they say ) they are ; although they are never able to produce one bit of a law , or any piece of a commission to prove , that all the people of england , or one quarter , tenth , hundred , or thousand part of them authorised thomas pride , with his regiment of souldiers , to chuse them a parliament , as indeed he hath de facto done by this pretended mock-parliament : and therefore it cannot properly be called the nations or peoples parliament , but col. pride's and his associates , whose really it is ; who , although they have beheaded the king for a tyrant , yet walk in his oppressingest steps , if not worse and higher . john . . doth our law judge any men , before it hear him , and know what he doth ? acts . . and he commanded a centurion to keep paul , and to let him have liberty , and that he should forbid none of his acquaintance to minister , or come unto him , ( although in ver . . he was accused for a most pestilent fellow , and a mover of sedition throughout all the world . ) acts . . for it seemeth to me unreasonable ( saith the heathen judge ) to send a prisoner , and not withall to signifie the crimes laid against him . acts . . and paul ( in his imprisonment at rome under the heathen persecutors ) dwelt two whole years in his own hired house , and received all that came in unto him . london , printed in the grand yeer of hypocriticall and abominable dissimulation . . sir , for distinction● sake , i will 〈◊〉 stile you mr. speaker , although it be but to col. pride's 〈…〉 parliament , sitting at westminster , ( not the nation 's , for they never gave him authority to issue out writs , elect or constitute a parliament for them ) and you being their mouth , i could not think of any man to whom i could better direct my lines at 〈…〉 ( in my gr●●t oppressions by you and your lord and master cromvvel ) then your self : and therefore cannot now chuse but put you in minde , that the th . april , . when i was like unjustly to be destroyed by mr. oliver cromwell in my late unjust and tyrannicall imprisonment in the tower ; i writ you a large epistle , and stiled it in print , the prisoners plea for a habeas corpus ; in the , , , , pages of which , i positively accuse mr. oliver cromwell for a wilfull murderer , and desire you there to acquaint your house therewith ( who then had some little face of a parliament stamp upon it ) and , that i would engage upon my life to prove him to be so by law : you your selves in your declaration of the th . march , . in answer to the scotch-commissioners papers declare p. . . that the subduing the enemies forces in the nation , ( which then were , as you there say , wholly subdued & suppressed ) though the parliament keep up an army , in a time of peace , when all the ordinary courts of justice were open , where only and alone , all law and justice ought to be dispensed to all englishmen in all cases whatsoever , yea , even to soldiers as well as others ; as in the aforesaid pages , and in mr. overtons and my printed epistle to the generall ( in mr. lockiers behalf ) of the april , . is by law undeniably proved ; which epistle you may read at the last end of the second edition of my pictur● of the 〈◊〉 to of state : and yet about or upon the nov. . your w●re in hertford-shire , he , 〈◊〉 wilfully and of●et-malice murdered rich. arnell , a freeborn englishman ; and so shed the bloud of war in the time of peace , which was joabs case in reference to abner and amasa , sam. . . and . . of whom when david delivered his charge to his son salomon , he saith thus , moreover , thou knewest also what joab the son of zervich did to me , and what he did to the two captains of the best of israel , 〈◊〉 abner the son of ner , and unto amasa the son of jother , whom he slew , and shed the blood of war in peace , and put the blood of war upon his girdle that was about his loins ; and in his sho●s that were on his feet : doe therefore ( saith he ) recording to thy wisdom , and he not his bo●ry head get down to the grave in peace , kings . , . which charge he accordingly performed ; and so delivered himself and his fathers house from the guilt of innocent blood , ver . , , , , . and you may also remember that upon the of jan. , at your barr i openly delivered a formal charge or impeachment of high treason ( according to your own ordinances ) against the foresaid mr. oliver cromwell , and his subtil machevilian son-in-law mr. henry iveton , for their notorious doing that in reference to the king ; for but the petty acting of which in comparison to theirs , they impeached mr. denzill hollis , sir philip stapleton , &c. of high treason , ( as appeareth in their own book of declarations , pag. , . article & . ) and forcibly expunged them your house as traytors therefore . and in the foresaid pages of my plea for a habeas corp●●● , i truly acquaint you with the plot and design , master cromwell laid to take away my life , for but a little opposition to the king , whose professed and avowed 〈◊〉 he and his the plea it self thus followeth . may it please this honourable committee , i was commanded by you , upon tuesday the day of this present june , to bring in an answer this day to the petition and complaint of henry wollastone kepeer of the prison of newgate , in which petition he complains that i have brought an action at the common law against him , for detaining me in safe custody according to his duty , by vertue of a warrant from the house of lords ; and therefore prayes indemnity for his acting therein in obedience to the authority of parliament , and his trebble damages , and that at common law there may be no further proceedings in the said action . and being demanded by the then chairman of this committee whether i had caused such an action to be commenced , yea or no , i positively declared , i had , and that i had very good ground in law so to do , considering that the law of england ( which is my birth-right and inheritance ) requires , that i shall not be deprived of my liberty but by due processe of law , according to the laws of the land ; and that if any shall detain my body in prison without legall authority , he is liable in law to make me satisfaction therefore : but mr. wollastone had kept me in prison divers weeks by vertue of a pretended warrant of the single house of lords , who in law , i will maintain it , have not the least power in the world to commit my body to prison : yet they did ( upon the tenth day of june , laying no crime to my charge ) command me to be kept for all my short eternity in this world ; for the warrant is , during their pleasures : and then by another illegall warrant , within fourteen dayes after , dated the of june , they ( for no cause in the world ) commit me close prisoner , and command that i be not permitted to have pen , ink nor paper , and that none shall have acceffe unto me in any kinde , but onely my keeper , untill the lords otherwise please . which most illegall warrant mr. wollastone executed upon me with a great deal of severitie and barbarism , not permitting my wife to come into the prison yard to speak with me at a distance out of my grates , nor suffering me to receive either meat , drink , or money , or any other necessaries from the hands of my wife , servant , or friends , nor suffering me to see their faces when they sent me in my diet : all which usages are against the laws and statutes of this kingdom ; and therefore i have cause and ground enough in law , to seek for my remedy in law against the said mr. wollastone ; and i hope the members of this committee have taken too many oaths to maintain the fundamentall laws of the land , and the liberties of the people , then now to go about to deprive me of the benefit of them . it is true , you sit here by verue of an ordinance of both houses , to indemnifie all those that have acted or done , or commanded to be acted ordone , any thing by sea or land , by the authority , or for the service or benefit of this present parliament : but under the favour of this committee , i do conceive , that the said ordinance , which is your commission , doth not in the least authorise you to meddle with my present case ; forasmuch as i do not prosecute mr. wollastone for actions done by the command and authority of parliament , but for actions done directly against their authority publickly declared in the laws of the kingdom , and their own declarations : and i hope this committee will not so much undervalue their own house , as to adjudge the house of lords singly to be the parliament of england , nor their single order to be the parliaments authority of england : and if not , then i cleerly conceive , that upon your own principles , you have nothing to do with my business before you ; neither can i conceive , that you can in the least judge mr. wollaston's illegal and barbarous actions done upon me , to be for the service and benefit of the parliament , but rather the quite contrary , by rendering them odious and adominable in the eyes of the people , if they shall 〈◊〉 such tyrannicall doings , after they have taken so many oathes 〈…〉 the laws and liberties of the kingdom , and caused so much english bloud to be shed pretendedly therefore . whereupon , after a little debate amongst the members of this committee by themselves , my l. munson the chairman thereof was pleased to tell me , then the business was weighty , and did concern the priviledges of the lords houses ; and therefore they judged it convenient to put it off till this day , and to acquaint the lords with it , that so , if they pleased , some of them might here be present : and you also ordered me to fit my self with a formall answer to the petition , which accordingly i have done , and with the favour of this committee , giving me free leave to speak , i am ready to deliver unto you , and do deliver it unto you thus . my lord , i read in the statutes of . edw. . ch . . and . edw. ch . . and in the tyrannical act made this parliament c. r. and in the part cooks instit . fol. . . . . . . and part book decl. pag. , . that parliaments are principally called for the maintenance of the laws , and for the redresse of divers mischiefs and grievances that daily happen ; and sutable to this are the ends contained in the writs that summon them , and the intentions of those that chuse the members and send them . and if parliaments be principally called for the maintenance of the laws , and redresse of mischiefs and grievances , then not for the destruction of the laws , not for the increase of mischiefs and grievances . and therefore when this present parliament in the dayes of their verginity and primitive puritie , in their actions , declarations , and remonstrances expressed much zeal , for accomplishing of those ends for which they were trusted in providing for the safety of the kingdom , and peace of the people , which you call god to witness is your only aime , protesting in the presence of the all seeing deity , that the foresaid ends is the only end of all your counsels and indeavours , wherein you are resolved to continue freed , and inlarged from all private aims , personall respects or passions whatsoever , and persevere in the vigorous indevoring to preserve the laws and liberties of this land , though you should perish in the work , * calling upon god , that sees your innocency ; and that you have no aims but at his glory & the publick good for protection in your straits ; i say yet notwitstanding all this , the king to make you odious , and to be deserted of the people , in several of his declarations declares that all these were but guilded dissimulations , it being your reall intentions to destroy liberty and property , meum and mum , and to subvert the lawes and introduce new forms of arbitrary government , and to introduce anarchy , a paritie and confuon by levelling of all degrees & conditions , and to monopolise into your hands all the rich and great places in the kingdom , for your own particular advantage and profit ; and to get such a power into your hands , as thereby to enable you inevitably to destroy all that opposed you ; and that the maintenance and advancement of religion , justice , liberty , propertie , and peace , are really but your stalking horses , and neither the grounds of the war , nor of your demands ; and that for all your fair pretences to the people , you will extirpate the law , root , and branch , alter the whole frame of government , and leave not any thing like law , liberty or property , introduce democracy and parity , and leave nether king , nor gentlemen ; and so the people will too late discover all this to their costs , that they have undone themselves with too much discretion , and obtained nothing by their compliance with you , and adherence to you , but to be destroyed last , part book declar. pag. , , , , , , , , , , , , , , . part , pag. , , , , . in answer unto all which , to disprove what he saith , and keep up your rereputations amongst the people for a company of honest men , that really sought their good , and always intended to be as good as their words , promises , and engagements , in your declarations of the of may . part , book decl. pag . you repeat your votes , against which the king excepts , the weight of which lieth in these words : that the kingdom hath been of late , and still is in so eminent danger , both from enemies abroad , and a popish discontented party at home ; that there is an urgent and an inevitable necessity , for puting the kingdom into a posture of defence , for the safegard thereof ; and that in this case of extreme danger , and his majesties refusall , the ordinance of parliament agreed upon by both houses for the militia , doth oblige the people , and ought to be obeyed , by the fundamentall lawes of this kingdom . by all which ( say you ) it doth appear , that there is no colour of this tax , that we go about to introduce a new law ; much less to exercise an arbitrary power , but indeed to prevent it ; for this law ( say you ) is as old as the kingdom , that the kingdom must not be without a means to preserve it self● and in the conclusion of the same decl. pag. . speaking of the many difficulties you grapple with , the many hazards you undergo in your places , you conclude thus , yet we doubt not but we shall overcome all this at last , if the people suffer not themselves to be deluded with falfe and specious shewes , and so drawn to betray us to their own undoing , who have ever been willing to hazard the undoing of our selves , that they might not be betrayed by our neglect of the trust reposed in us ; but if it were possible the kings party should prevail , herein yet ( say you ) we would not fall , through gods grace still to persist in our duties , and to look beyond our own lives , estates and advantages , as those who think nothing worth the enjoying without the libertie , peace , and fafety of the kingdom ; nor any thing too good to be hazarded in discharge of our consciences , for the obtaining of it ; and shall always repose our selves upon the protection of the almighty , which we are confident shall never be wanting to us ( while we seek his glory . ) and in your declaration of the of may , which is an answer to the kings declaration of the of may , a out the business of hull , in the part decl. pag. . speaking of the new engine of the malignant party about the king , to beget and increase distrust , and disaffection between the king , the parliament , and the people ; we cannot ( say you ) be so much wanting to our own innocency , or to the duty of our trust , as not to clear our selves from those false aspersions , and ( which is our chiefest care ) to disabuse the peoples minds , and open their eyes that under the false shews and pretexts of the laws of the land , ( frequently interwoven in his majesties foresaid declaration ) and of their own rights and liberties , they may not be carried into the road-way that leadeth to the utter ruine and subversion thereof , and to destroy them both with their own hands , by taking their lives , liberties , and estates out of their hands whom they have chosen and entrusted therewith , and resigning them up unto some evil counsellors about his majestie , who can lay no other foundation of their own greatness , but upon the ruine of this parliament ; and in it of all other parliaments , and in them of the freedom of this nation : and these are the men that would perswade the people that both houses of parliament containing all the peers , & representing all the commons of england , would destroy the lawes of the land , and liberties of the people ; wherein besides the trust of the whole , they themselves in their own particulars have so great an interest of honour and estate , that we hope it will gain little credit with any that have the least use of reason , that such as must have so great a share in the misery , should take so much paines in the procuring thereof , and spend so much time and run so many hazards to make themselves slaves , and to destroy the property of their estates . but remarkable are your words in the same declaration pag. . where you say , you have given no occasion to his majestie to declare his resolution with so much earnestness , that he will not suffer either or both houses by their votes without or against his consent to injoyn any thing that is forbidden by the law , or to forbid any thing that is injoyned by the law ; for our votes ( say you ) have done no such thing , and as we shall be very tender of the law ( which we acknowledg to be the safegard and custody of all publick and private interests , &c. ) and in the same declaration having argued it soundly against the king , for the calumniations and aspersions call upon you as you are pleased to call them in ; p. . you have these words , all this considered , we cannot but wonder , that the contrivers of the aforesaid message , should conceive the people of this land to be so void of common-sence , as to enter into so deep a mistrust of those that they have , and his majestie ought to repose so great a trust in , as to dispair of any security in their private estates , by dissents , purchases , assurances , or conveyances , unless his majestie should by his vote , prevent the prejudice they might receive therein by the votes of both houses of parliament , as if they who are especially chosen and intrusted for that purpose , and who themselves must needs have so great a share in all grievances of the subject , had wholy cast off the care of the subjects good , and his majestie had soly taken it up . and in your most notablest of declarations , made about agust . part book decl. pag. . wherein you indeavour to give an account to the world of the justice of your proceedings , in being necessitated to take up armes against his majesty , who you say was then in armes against you and the kingdom , for the suppression of the lawes and liberties thereof ; which you say every honest man is bound to defend , especially those that have taken the late protestation , in which declaration you declare , that the long designe which hath been carried on to alter the frame and constitution of the government of the kingdom , from law and liberty , to slavery and vassaladge , is now come to ripeness ; there you go on to declare an epitome of the kings dealings with the kingdom before this parliament ; in which time you say the lawes were no defence nor protection of any mans right ; all was subject to will and power , which imposed what payment they thought fit , to drain the subjects purse of , and supply those necessities which ill councels had brought upon the king , or gratifie such as were instruments in promoting those illegall and oppresive courses . they who yeelded and complyed , were countenanced and advanced , all others disgraced and kept under , that so mens mindes made poor and base , and their liberties lost and gone , they might be ready to let go their religion , whensoever they should be resolved to alter it ; and then ennumerate divers strange actions of his done to the kingdom since this parliament ; and in pag. . you declare , that after his ill councel had got him from the parliament , then they doc work upon him and upon the queen , and perswade her to retire out of the kingdom , and carry him further and further from the parliament , and so possess him with a hatred of it , that they cannot put words bitter enough into his mouth , to express upon all occasions ; they make him cross oppose and envy upon all the proceedings of parliament , incourage and protect all those that will affront it , take away all power and authority from it to make it contemptible , and of less esteem then the meanest court , draw away the members , commanding them to come to him to york , and insteed of discharging their duty in the service of the parliament , to contribute their advice , and assistance to the destruction of it . indeavouring an arbitrary government , a thing ( say you ) which every honest morall man abhors ; much more the wisdom , justice , and piety of the two houses of parliament ; and in truth such a charge as no rational man can beleeve is , it being unpossible so many several persons at the houses of , parliament consist of about ; and in either house all of equall power , should all of them , or at least the major part , agree in acts of will and tyranny , which makes up an arbitrary government ; and most improbable that the nobility and chief gentry of this kingdom , should conspire to take away the law by which they injoy their estates , are protected from any act of violence and power , and differenced from the meanest sort of people , with whom otherwise they would be but fellow servants ; so having given an answer to his charges laid upon you in pag. . you vehemently pre●●e the people to come in to the help of the parliament ( against the kings forces ) and save themselves their laws and liberties , and though both they and we ( say you ) must perish , yet have we discharged our consciences , and delivered our soules , and will look for a reward in heaven ; should we be so ill required upon earth , as to be deserted by the people , whom in the next page you tell , nothing will satisfie the king and those evill men with him , but the destruction of this parliament , and to be masters of religion and liberties , to make us slaves , and alter the government of this kindom , and reduce it to the condition of some other countryes which are not governed by parliaments , and so by laws , but by the will of the prince , or rather of those who are about him ; and thersore in the zeal of your spirits , you declare your resolved resolutions to continue firme to maintain the laws and liberties of your country , according to your duty ; saying , woe be to us if we do it not , at least doe our utmost endeavours for the discharge of our duties , and the saving of our souls , and leave the successe to god almighty ; and you conclude with these words ; and therefore we do here require all who have any sence of piety , honour , or compession , to help distressed state , and to come in to our aid and assistance . and in your reply to the kings answer of yours , of may . par . book declar. pag. . you declare with indignation your abhorrance of the kings charging you by your votes to dispose of the peoples lives , liberties and estates , 〈◊〉 to the law of the land , & throw back the charge upon himself and those that are about him . and in the next page you say thus ; and for that concerning our inclination to be slaves it is affirmed , that his majestie said nothing that might imply any such inclination in us , but sure , what ever be ovr inclination , slavery would be our condition , if we should go aboue to overthrow the laws of the land , and the propritey of every mans estate , and the liberty of his person ; for therein we must needs be as much patients as agents , and must every one in his turn suffer our selves , what ever we should impose upon others as in nothing we have laid upon other we haue ever refused to do or suffer our selves , and that in a high proportion and then when you come in the next page to speake of the kings , charging of you that you afect to be tyrants , because you will admit no rule to govern by but your own wills , yea worse then those thirty most perfect tyrants of athens , spoken of by sir walter rawley in his third book of the history of the world , chap. sect. . you abhor the charge with the height of detestation , and therefore in the next page unto it , being page you say we do still acknowledg that it were a very great crime in us , if we had or should do any thing whereby the title and interest of all the subjects to their lands were destroyed ; which i say of necessitie must be , if they be deprived of the benefit of the law , which is all i crave at your hands , and which i hope you will not deny me ; especially considering in your declaration of the of june , par . book decla . pag. , for bringing in mony and plate , you positively declare , that whatsoever is brought in , shall not at all be imployed about any other occasion , then to the purposes aforesaid , which amongst others , are principally for destroying tyranny , maintaining of liberty and propriety , the free course of justice according to the known laws of the land ; but propriety cannot be maintained , if liberty be destroyed ; for the liberty of my person is more neerer to me then my propriety , or goods ; and he that contrary to law and justice , robs or deprives me of the liberty of my person , the nighest to me , may much more by the some reason , rob and deprive me at his will and pleasure of my goods and estate , the further of from me , and so propriety is overthrowne and destroyed ; and this if done avowedly by you , is distructive to your honours and engagements ; yea , & in an absolute violation of all your oaths and promises ; whereby you will be rendred , by your own actions , in the eyes of the people that trusted you , the basest and worst of men , fit for nothing but desertion , opposition and distruction ; again how can law be maintained , when the free execution of justice in the ordinary course thereof shall be hindered by you ? which you in your declaration of october . par . book . declar pag. ) call the soule and life of all-laws , which ordinary course of jestice , you in your first remonstrance page call the common birth-right of the subject of england ; and therefore par . book decl. pag. you own it as your duty , to use the best of your endeavours that the meanest of the commonalty may enjoy their own birth-right , freedom and liberty of the lawes of the land , being equally intitled thereunto with the greatest subject ; and if so ? how can you in justice and honour or conscience , deprive and ebereave me of my birth right ? the benefit of the law of the land , in the ordinary course of justice in the judicatures thereof ? who have done no actrons either by sea or land , but what doth become an honest , true-bred englishman and constantly in the midst of many deaths , maintaining the laws i and liberties of my native country , which actions are consonant to the authority of parliament , and for the service and benefit thereof ; and therfore i ought not to be molested and troubled therefore ; especially by you , who in your declarations in the case of the five members , declare par . boo. decl. pa. . you are very sensible that it equally imports you , aswell to see justice done against them that are criminous , as to defend the just rights and liberties of the subjects and parliament of england ; but if you shall stop my proceedings at common law against master wollaston the jaylour of newgate , for keeping me there against law by the lords order , you are so far from punishing the criminous , that you justifie the wicked , and condemn the righteous , break all your oaths , protestations and covenants , that you have taken to maintain the laws and liberties of the kingdom , and dissolve the whole frame and constitution of the civill policy and government of this kingdom into the originall law of nature , which crime you taxe the king with , par . book . decl. pag. . yea , and thereby become destructive to the being of the common-wealth , and the safety of the people , the preservation of which is the chief end of the law , the institution of all government , as you declare in your declarations of the of may & april . part . book . decla . fol. . . for the illustration of which i desire to observe this method . first . i averre that the house of lords have not the least jurisdiction in the world over me in the case in controversie betwixt us ; and i am ready upon my life to make this good by the laws of the kingdom against all the judges and lawyers in england ; but i conceive , i have already so fully done it in my three pleas against the lords , that they are unanswerable , viz. first in my plea before the committee of the house of commons , where master henry martin had the chaire novemb. . and secondly in my plea the of october . before another committee of the house of commons , where m. iohn maynard had the chaire ; and thirdly , in my plea before the judges of the kings bench , the of may . all three of which i desire to communicate unto your consideration . and if the lords by law have no originall jurisdiction over me , then no power to summon me , nor no power to try me nor commit me ; wherefore m. wollaston by law ought to have refused to have received my body , or detained it in prison , by vertue of their illegall warrant , which being both illegall in the power that made it , & in the forme of drawing it up , he is liable to make me satisfaction in law for executing it , which at present i illustrate out of your own declarations , which are the most unanswerable arguments against you that i can use , acts . titus . . and first in your declaration of the of january . par . book . decl. pag. . . where speaking of the five members , you say his majestic did issue forth severall warrants to divers officers , under his own hand for the apprehension of the persons of the said members , which by law he cannot do , there being not all this time any legall charge or accusation , or due processe of law issued against them , or any pretence of charge made known to the house of commons ; all which are against the fundamentall liberties of the subjects , and the rights of parliament ; whereupon we are necessitited according to our duty to declare , that if any person shall arrest m. ho●●● , sir arthur haslerig , master pym , master hamden , master strode , or any of them , or any member of parliament , by pretence or colour of any warrant issuing out from the king onely , is guilty of the breach of the liberty of the subject , and of the priviledges of parliament , and a publick enemy to the common-wealth ; and that the arresting of the said members , or any of them , or any members of parliament , by any warrant whatsoever , without a legall proceeding against them , and without consent of that house , whereof such a person is a member , is against the libertie of the subject , and a breach of priviledge of parliament : and the person which shall arrest any of these persons , or any other member of the parliament , is declared a publick enemy of the common-wealth . yea , and upon the of january , you voted and ordered a charge to be brought in against mr. atturney general herbert , to require of him satisfaction for his great injury and scandal that particularly be had done to the said mr. hollis , &c. and generally to the publick justice of the kingdom , in so illegally accusing the foresaid five gentlemen , without due processe of law , as appears in your first part book declarat . pag. . and therefore in your petition of the feb. . part . book decl. . you rel the king , it is your duty to tell him of the injustice done unto the five members , for impeaching them without due processe of law , and to require reparations for them . and therefore in your second petition of the same month , par . book decl. pag. . . you tell the king again , notwithstanding all your importunity , the said five members and the lord kimbolton still lie under that heavie charge of treason , to the exceeding prejudice not onely of themselves , but also of the whole parliament . and whereas by the expresse laws and statutes of this realm , that is to say , by two acts of parliament , the one made in the , and the other in the year of the reign of your most noble progenitor king edward the it s said , if any person whatsoever make suggestion to the king himself of any souls committed by another , the same person might to be sent with the suggestion before the chancellor , or keeper of the great seal , treasurer , and the great councel , there to finde surery to pursue his suggestion : which if he cannot prove , he is to be imprisoned till he hath satisfied the party accused of his dammages and stander , and made fine and ransom to the king : the benefit of these laws you claim at the kings hand , and there tell him , he ought not of right and justice to deny it to you . and also in part book decl. pag. , speaking to the king , you say your majesty lays a generall tax upon us ; if you will be graciously pleased to let us know the particulars , we shall give a cleer and satisfactory answer : but what hope can we have of ever giving your majestic safaction , when those particulars which you have been made beleeve were true , yet being produced and made known to us , appeared to be false ? and your majestic notwithstanding will neither punish , nor produce the authors , but go on to contract new jealousies and fears , upon generall and uncertain grounds , affording us no means or possibilitie of particular answer , to the cleering of our selves . for proof whereof we beseech your majestic to consider ; the heavie charge and accusation of the lord kimbolton , and the five members of the house of commons , who refused no triall or examination which might stand with the priviledge of parliament : yet no authors , no witnesses produced , against whom they may have reparation for the great injury and infamy cast upon them , notwithstanding three severall petitions of both houses , and the authority of two acts of parliament vouched in the last of those petitions . and in a fourth petition about the same business , part book decl. pag. . we beseech your majesty ( say you ) to remember , that the government of this kingdom , as it was in a great part mannaged by your ministers before the beginning of this parliament , consisted of many continued and multiplied acts of violation of laws , the wounds whereof were scarcely bealed , when the extremitie of all those violations was far exceeded by the late strange and unheard of breach of our laws in the accusation of the lord kimbolton and the five members of the commons house , and in the proceedings thereupon ; for which we have yet received no full satisfaction . and in your declaration of the of may , . par . book dec. p . . you are very remarkable , and fly , the accusation of the l. kimbolton , and the members of the house of cōmons , is called a breach of priviledge ; and truly so it was and a very high one , far above any satisfaction that hath yet been given : how can it be said to be largely satisfied , so long as his majestic laboured to preserve his atturney from punishment , who was the visible actor in it ? so long as his majestic hath not onely justified him , but by his letter declared , that it was his duty to accuse them , and 〈◊〉 he would have punished him if he had not done it ; so long as those members have not the means of cleering their innocency , and the authors of that malicious charge undiscovered , though both houses of parliament have severall times petitioned his majestie to disco●●● them ; and that not onely upon grounds of common justice , but by act of parliament his majestie is bound to do it ; so long as the king great such to passe a bill for their discharge , alledging , that the nati●●tive in that bill i● against his honour ; whereby he seems still to ●●ow the matter of that false and scandalous accusation , though he deserts the prosecution , offering to passe a bill for their acquital ; yet with intimation , that they trust desert the avowing their own innocency , which would more wound them in 〈◊〉 , that secure them in law. and in vindication of this great priviledge of parliament , we do not 〈◊〉 that we have invaded any priviledge belonging to his majesty , as is alledged in his declaration . but we look not upon this onely in the notion of a breach of priviledge , which might be , though the accusation were true or false ; but under the nation of an hainous crime in the attourney , and all other subjects , who had a hand in it , a crime against the law of nature , against the rules of justice , that innocent men should be charged with so great an offence as treason , is the face of the highest judicatory of the kingdom , whereby their 〈◊〉 , and estates , their bloud and honour are in danger , without witnesse , without ●isdence , without all poss●bility of reparation in a legall course ; yet a 〈◊〉 of such a nature , that his majesties command can no more warrant , then it can any other act of injustice . it is true that those things which are evil in the●● can nature , such as a false testimony , or a false accusation , cannot bothe subject of any command , or induce any obligation of obedience upon any man , by any authority whatsoever ; therefore the attourney in this case was b●●●● to refuse to execute such a command unlesse he had had some such evidence or testimony as might have warranted him against the parties , and 〈…〉 make satisfaction if it should prove false . and further , to prove that 〈…〉 liable to punishment , that puts in execution the kings illegall commands , is must excellently proved , and largely evident from your own words in 〈◊〉 book decl. pag. . . . . . . . . . . 〈…〉 largely declare , that alexander archbishop of york , robert de ve●●● 〈…〉 irland , &c. were executed in richard the second's time as traytors , for 〈◊〉 in execution the commands of the king against the law ; and if they are punishable that execute the commands of the king the primitive , against law : then much more by law is mr. wollaston punishable for executing the commands of the single house of lords the derivative , against law : and if in my own defence , when i was in mr. wollaston's custody , i had served him , for his actions done to me in pursuance of the lords single illegall commands , ● simson of northampton-shire did johnson in the of elizabeth for his doing actions in pursuance of the queens letters patents , contrary to law , in endeavouring by a warrant ( flowing from the high commission , which was established by act of parliament , and had legall cognizance of any facts in controversie grounded thereupon ) to imprison his body : for doing of which , simson ( in his own defence , and his liber●●●● ) slew the said johnson : for which he was justified by the judges of affi●e , and all the judges of england , as you may read in sir edward cook . part iustitutes , fol. . . and in my plea before the judges of the kings bench , called the laws funerall , page . . i say in case i had in my own defence , and the defence of my legall liberties slain wollaston &c. for executing the lords single illegall orders upon me for any thing i can read in the law , he had his mends in his own hands . but to come more close upon your own principles , to prove that a single order of the lords cannot stand in competition with the law , i do it , thus ; in all your declarations you declare , that binding and permanent laws according to the constitution of this kingdom , are made by king , lords , and commons , and so is the opinion of sir ed. cook whose books are published by your own order , and who in the part of his institutes , fol. . and part fol. . and part fol. . . . . saith that act that is made by king and lords , in law binds not , nor by king and commons binds not , or by lords and commons binds not in law ; if so , then much more invalid is the single order of the lords made against law , and can indemnifie no man that acts by vertue of it , and your ordinances made this parliament in time of extream necessitie , during denounced wars , are by your selves in abundance of your own declarations , esteemed , adjudged , declared but temporary and invalid as durable laws , which is evidently cleer out of the par . book decl. p. . . . . . . . . . . . . . . . . . . . . your expressions in the last page are , we did and doe say that the soveraign power doth reside in the king and both houses of parliament , and that his majesties negative voice doth not import a liberty to deny things as he pleaseth , though never so requisite and necessary for the kingdom , and yet we did not nor do say , that such bills as his majestie is so bound both in conscience and justice to passe , shall notwithstanding be law without his consent , so far are we from taking away his negative voice . and if such ordinances and bills as passe both houses are not lawes by your own doctrine , without the kings consent ; then , muchlesse can the order of the single house of lords be lawes or supersedeaes to the lawes ; and besides , when divers honest and well-affected citizens , it may be out of a sensible apprehension of the mischiefs that acrue to the kingdom by having the supream authority lodged in three distinct estates , which many times so falls out , that when two estates grant things essentially good for the wellfare of the kingdom , the third estate opposeth it , and will not passe it , which many 〈…〉 occasions war and bloud-shed , to the hazard of the being of the kingdom ; for the preventing of which , they framed a petition to your house , entitling it , to the supream authority of this nation , the commons assembled in parliament ; in which they intreat you to be careful of the mischief of negative voices in any whomsoever ; which said petition your house upon the of may . voted to be burnt at the exchange and westminster by the hands of the common hangman , and lately as i am informed , there was a petition of master john mildmans presented to your house , and it was rejected by them , for no other cause , but because it had the foresaid title ; and therfore you your selves , having rejected to be stiled the supream authority of this nation ; i can see no ground or reason , how you can upon your own principles , grant a supersedeas to master wollaston to overule my action at law against him ; and so de facto exercise the supream authority , which in words , you would have the kingdom beleeve you abhorre ; neither can i i● reason or justice conceive , that if now you should own your selves for the supream authority of the nation , and the single and absolute law-repealers , and law-makers thereof , how you can deprive me of the benefit of those just laws , viz. magna charta , petition of right , and the act that abolished the star-chamber , that you have not avowedly and particularly declared to be void , null and vacated , as never to be in use any more in england ; again , yet in your protestation , in your vote and covenant , and in your league and covenant , swore to maintain the laws and liberties of the kingdom with your estates and lives , and make the kings person and authority but subservient thereunto , or dependant thereupon ; and you have been so zealous to make votes to disfranchise all those that will not take your covenant , as unfit to bear any office in the common-wealth , or to give a vote to chuse an officer , and can it stand with your justice and honour to deny me the benefit of that ( viz the law ) which you have been so zealous in forcing the people of england to swear to maintain ? or can you in justice and honor , be angry with me for standing for that ( viz. ) the laws and liberties of england , ) which you have ingaged , incited and forced , thousands and ten thousands of the people of england , to loose their lives and blouds for , which i amongst others have upon zealous and true principles , as hazardously ventured my life for as any man in england ? o let such an abominable thing be farre from men of honour , conscience and honesty , and let the fearfull judgments that befell the hungarians , as it were , from god from heaven for breaking , violating and falling from their faith and covenant , made with amurah the second , the sixt emperor of the turkes recorded in the fourth edition of the turkes history sol . . . . deterr all covenant makers , and covenant takers from breach of their oaths , covenants , and contracts , the breaking of which is highly detested and abhorred of god as a thing that his soul loathe as he declares in scripture , as you may read exo. . . lev. . , . deut. . , , . psal . . . eccels . . . ezek. . , , . . , . 〈◊〉 . . , & . . . yea i say let the fearfull judgements , wrath and vengeance recorded by sir walter rawley in his excellent preface to his history of the world that befell tyrants and oppressors , whoafter they had broke their oaths , faith , promises and lawes made with the people , and then turned tyrants , deterr you from such practises , but especially the fearfull judgments of god that befel the most execrable thirty tyrants of athens , who after the people of that city had set them up for the conservators of their laws and liberties , and who did many things well til they had got power into their own hands which they had no sooner done , but they turned it poin blank against the people , and fell a murthering , robbing , spoyling and destroying the innocent people , and raised a guard of three or foure thousand men of their own mercenary faction , whose destruction was fatall by the steeled resolution and valour of seventy faithfull and brave citizens , as you may ●●ad in sir walter rawleys history lib. . ch. . sec . & . yea the tyranny of duke d' alva cost his master the king of spaine the revolt of the hollanders to his unimaginable losse . but to returne , did not you and the lords the other day pass votes and communicated them to the common councel of london to declare to them and the whole kingdom , you would continue the government , by king , lords and commons ? and can it new stand with your honour and justice , to goe about to advance a single , illegall order of the lords above all the laws made joyntly by you the lords and king , and to make ciphers of your selves and your house as well as of the king ? which undeniably you do , if you indemnifie master wollaston by superseding my action at common law against him ; again , have you not in your declaration of the of june . ( in which is contained your votes , to lay the king aside and make no more applications or addresses unto him ) declared to preserve unto the people their laws , and to governe them thereby ? sure i am these are your own words , having received an absolute denyall from his majesty : the lords and commons do hold themselves obliged to use their utmost endeavous speedily to settle the present government in such a way as may bring the greatest security to this kingdom , in the enjoyment of the laws and liberties thereof : and can it now stand with your honour and justice to fall from this and all other your publique declarations , by denying me the benefit of the law against master wollaston , that unjustly imprisoned me , and tyrannically and closly imprisoned me , to the hazard of my life and being , and that by an illegall warrant of the lords , who have no power in law to commit me , or so much as to summon me before them , in reference to a tryal ? much lesse when i do come at their bar , to deal with me like a spanish inquisition , by examining me upon interrogatories to insnare my self , and refuse to let me see either accuser , prosecutor , indictment , charge or impeachment : but presse me againe and again to answer interogatories against my self , and so force me to deliver in a plea , according to my priviledg and the laws of the land , against their illegall dealings with me , and then to wave all pretence of any foregoing crime , and commit me the july to master wollaston to new-gate prison during their pleasure for delivering in that my very plea , which hath not a word in it but what is justifiable by magna charta , and the petition of right ; and then when i am at newgate , by pretence of a warrant of the of june after , for master wollaston to cause his servants to break into my chamber and by force and violence to carry me before the lords , who had , nor have no more jurisdiction over me by the laws of england to try me , passe upon me , or condemn me , then so many turks have : and when i come there , they only look upon me , but lay nothing to my charge , neither by word of mouth , nor writing but passe an order in these very words , die martis . junij . ordered by the lords assembled in parliamen , that iohn lilburn shall stand committed close prisoner in th prison of newgate , and that he be not permitted to have pen , ink or paper , and none shall have accusse unto him in any kind , but his keeper , untill this court doth take further 〈◊〉 . and that is when they 〈…〉 and just , which i do confidently beleeve 〈◊〉 never be ; here is illegall 〈…〉 illegality , and tyranny upon the neck of that , and yet master wollastone and that barish fellow briscoe , executed it to the height without any scruple of conscience , although they might have as well by vertue of the same warrant have cut my throat , as have used me as they did , till the of july . at and upon which day they by force of armes , with thirty or forty of the hangmans guard of halberteers , and against all law and justice , carried me before the lords , upon pretence to hear my charge read , although the lords had not , nor have not in law the least power in the world to try me or to summon me , as hath been notably and undeniably proved in the case of sir iohn maynard and the four aldermen , in the releasing of whom as the lords have done , if ever they had any jurisdiction over commoners in any kind whatsoever , they have now 〈◊〉 given it away ; for they were all impeached by the house of commons , and their impe●●hments transmitted from them before ever they medled with them , which i never was , and yet flew as high in their protestations and declarations against the lords jurisdiction over them as ever i did , whom notwithstanding for all this , without stooping , submitting , or so much as petitioning , the lords released , and of their own accord took all their proceedings against them off the file , thereby declaring to the whole kingdom , that their own conscience told them they had no authority in law to go about to try them , being 〈◊〉 of their legall judges , though they were impeached by the house of commons , and that they had done nothing but their duty in protesting against them , and their jurisdiction over them . therefore ( my lord munson ) can it stand with the justice and 〈◊〉 of your house , in your first remonstrance to the kingdom , pag. . to cry 〈◊〉 so bitterly as you do against the kings ministers , who durst be so bold and presumptuous to break the laws , and suppresse the liberties of the kingdom , after they had been so solemnly and evidently declared by the petition of right , by committing divers free men of england to prison for refusing to stoop unto the commission of loan , whereby many of them contracted such sicknesses as cost them their lives , and detaining others close prisoners 〈◊〉 many months together , without the liberty of using books , pen , ink , or p●per , denying them al the comforts of life , all means of preservation of 〈◊〉 nor permitting their wives to come unto them : and for the compleating of that cruelty , after yeeres spent in such miserable durance , to keep them still in their oppressed condition , not admitting them to be bailed according to law , and oppressing and vexing them above measure ; and the ordinary course of justice ( the common birth-right of the subjects of england ) wholly obstructed unto them : and divers others oppressed by grievous fines , imprisonments , stigmatizings , mutilations , whippings , pillories , gaggs , confinements , banishments after so rigid a manner , as hath not onely deprived men of the society of their friends , exercise of their professions , comfort of books , use of paper or ink , but even violated that neer union which god hath established betwixt men and their wiv●● , by forced * and constrained separation , whereby they have been bereaved of the comfort and ●●●versation one of another . can all these doings be criminous and wicked in the king's ministers ? and can your denying of justice for seven yeers together to me , that suffered the grievousnesse of these very torments , be just and righteous ? let god and the world judge , whether you by your actions do not justifie all the foregoing unjust proceedings , nay , and out-strip them , in that you your selves do , or suffer to be done ( when you have power enough in your hands to remedy , but will not ) divers of the very self same things to some of the very self same men , after ( in obedience to your commands , in the sincerity of their souls ) they have freely adventured their lives ( and so carried themselves in all their actions towards you , that all their adversaries are not able , nor ever were , to lay in law my crime to their charge ) for the redresse of all the foresaid grievances ? and yet the best recompence you your selves give unto them , is , to toffe and tumble them yeer after yeer , from gaol to gaol ( without laying any crime unto their charge ) denying them the benefit of their birth-right , the law of the land , keeping thousands of pounds of their own from them , and endeavouring in their long imprisonments to starve and murder them , their wives and children , by being worse then the king was to your members , ( who allowed them three , foure , and five pounds a man weekly , notwithstanding their own great estates to live upon ) in allowing them never a penny to live upon , endeavouring to protect all those unrighteous † men that ( contrary to law ) have endeavouted to murder and destory them , and take away their lives and beings from the earth . and all this is my own case and sufferings from you your selves . therefore hear , o heavens ! and give ear , o earth ! and the righteous god , and all just men judge betwixt ●● . and therefore if there be any truth or resolutions in you to stand to any thing that you say and declare , i challenge at your hands the benefis of all your declarations and remonstrances , which are all of my side ; and particularly the notablest of declarations of the of may , and april . which was made before my contest with the lords , in which you declare ( par . book de. fo . & ) that although the necessity of war have given some disturbances to loyall proceedings , stopped the usuall course of justice , 〈◊〉 the parliament for the preservation of this right to impose and require many great and unusual payments from the good subjects of this kingdom , and to take extraordinary wayes for the procuring of monyes for their many pressing occasions ; it having pleased god to reduce our affaires into a more 〈◊〉 condition then heretofore : we do declare , that we will not , nor any by colour of any authority derived from us , shall interrupt the ordinary course of justice in the severall court of judicatures of this kingdom , not intermeddle incases of private interest otherwhere determinable , unlesse it be in case of male administration of justice , wherein we shall so provide , that right be done , and punishment inflicted as there shall be occasion according to the law of the kingdom , and the trust reposed in us . therefore seeing that you that stile your selvs the fountain and conserva●●ry of the law , first par . book declar. pag. have declared in answer to the kings complaint against scandalous pamphlets ( which was the originall pretence of the lords quarrelling with me ) that you know the king hath wayes enough in his ordinary courts of justice to punish such seditious 〈◊〉 and sermons , as are any way prejudiciall to his rights , honour , and authority , pag. . and if the king the superior or creator of the lords , must be tyed in this case to the ordinary courts of justice , according to the laws of the kingdom , then much more the lords the creature or inferiour to the king ; and therefore i hope you will not be angry with me for refusing obedience to the illegall commands of the single lords , the inferious , or hinder me from obtaining justice , according to law , upon those that most barbarously executed them upon me , seeing you and the lords themselves have taught me , and all the people of england , disobedience to the illegall commands of the king the greater , as cleerly appears by your declarations of july the , & july , . par . book decl. p. . . . the words of which last are , that the lords and commons in parliament do declare , that it is against the laws and liberties of the kingdom , that any of the subjects thereof should be commanded or compelled by the king to attend him at his pleasure , but such as are bound thereunto by speciall service ; and if any messengers or officers shall by colour of any command from his majesty , or warrant under his majesties hand , arrest , take , or carry away any of his majesties subjects to any place whatsoever , contrary to their wils , that it is both against the law of the land , the liberty of the subject , and it is to the disturbance of the publick peace of the kingdom ; and any of his majestie 's subjects so arrested may lawfully refuse to obey such arrests and commands . to the same purpose you also were and declare , in pag. . . . therefore , seeing the law of the land is so often by you declared to be the undoubted birth-right of me , as well as the greatest lord in england , or parliament man whatsoever , i earnestly crave , and challenge at your hands , as much for my self , as you did at , and from the hands of the king , for the lord kimbolton and the five members , sir john hothan , and the lord maior pennington , alderman foulke , col. vean , and col. manwaring , viz. the benefit of the law of england in the ordinary courts of justice ; which is , not to be taken , or imprisoned , pass'd upon , nor condemned but by due processe of law , before a justice of peace , according to the law of the land , and not to be imprisoned but for a particular crime in law , expressed in the commitment , by those that have power in law to commit me ; nor to be tried or condemned , but by presentment , &c. before a jury of twelve men of my peers or equals of the same neighbourhood where the fact was committed ; which is , as you declare by sir edward cook in part institutes fol. . the ancient and undoubted birth-right of all the subjects of england , and to have my remedy at law , against all those that shall deal with me contrary to law. and that you challenged all these things for them before-mentioned , you may read in your own declarations , pag. . . . . . . . . . . . . . . . . . . . . . all which i cannot doubt but you will grant unto me , because it cannot rationally enter into my brest to conceive , that you your selves can judge it consonant to justice to set me , and thousands , and ten thousands of the people of the kingdom to fight at your command for the preservation of our birth-right the law , and then for you to deny it unto us , and deprive us of it , and to recompence us with slavery , which we are in , when we lose the benefit of the law. surely , this cannot in honour and justice become you , that call your selves the conservators of the law. but if you shall avowedly deny me the benefit of the law , you frustrate your end in making judges to be in westminster hall to execute the law , and put a mock upon the people , and dissolve the whole frame and constitution of the civill policy of the government of this kingdom into the originall law of nature , and leave every man to judge within his own brest what is just and righteous , and thereby 〈◊〉 me , whether i will or no , to do that in reference to you , which you in your great straits , did in reference to the king ; viz. appeal to the righ●●● judge of all the would , and the judgment of the people to decide the controversie betwixt you as appears in your own declarations , . part book doc. p. . . . . . . . . . . . . and if i perish , i perish . for what greater tyranny can there be in the world , ●● what greater straits can a man be put to , then to delayed justice , ( which is worse than to be denyed ) for above seven yeers together , by those that have raised a bloudy war , and pretended for justice : and then , after i have spent above li. in endeavouring to obtain justice and my own at your 〈◊〉 and after i have served you faithfully , and adventured my life in the field for you , and undergone multitudes of other hardships and hazzards at 〈◊〉 for you , and carried my self in all my actions towards you unspotted , and that upon you own declared principles : and after all this , to be toss'd and tumbled by you from gaol to gaol , year after year , for nothing but my honesty ; and can come to no legall tryall , although i have endeavoured it with all my might ; and to have by you thousands of pounds of my own kept from me , and not a penny in all my captivitie allowed me to live upon , but in the eye of reason exposed to famish and sterve , or to eat my wife and children o monstrous and unnaturall cruelty ! which i will maintain upon my life , it not to be parallell'd in all queen marie's dayes , nor in the worst of king charles his reign . so ( my lord ) i have done with my plea , and take leave to remain a true hearted englishman , john lilburn . now master speaker , having finished my plea to the committee of indemnity ; i must acquaint you that i brought it to the said committee , with whom i had some verball expostulations , after which i began to open my plea , having it fair writ in my hand , which the committee no sooner saw but presently they left ( me according to my desire ) to the ordinary course of the law , where i was necessitated at present to cease prosecution of woll●ston , because i was continually in expectation of my liberty from the lords , and therefore judged it but wisdom in me not to provoke them , and also for perfecting of my ordinance , for my long sought , dear bought , and hard suffered for reparatious , from old sir h. vane and the rest of my cruel star-chamber judges ; which ordinance with much adoe was as last concluded , though to little purpose as before truly is noted in p. , . and for my liberty , i was chiefly beholding for that to my friends in london , who in seven dayes got eight or nine thousand hands to a petition for me , in the day of your straits by the cavaleers , and presented it to your house , which my true friend , and faithfull and couragious fellow sufferer sir iohn maynard took the advantage of , and improved the utmost of his interest , and thereby became principally instrumentall both in your house and in the house of lords for my liberty then , unto whom i must and do returne the chiefest thanks for it . but now sir , seeing my life ( for nothing but my honesty , and because i will not be a slave to mens lusts ) is so strongly sought for to be taken away by those that have made the largest pretences and promises , that can be made in the world to deliver this nation from thraldom , bondage , vassallage and slavery ; and seeing they are such painted sepulchers that they are like to cozen all the honest men in england with religious cheaters , such as master edmond rozer , with whom as teacher to the congregation where i was a member , i walked many yeares in fellowship , and master william kiffin who was once my servant , and unto both whom the indearedest of my affections run out unto ; to either of which i never gave a provocation to , nor wronged in all my dayes to my knowledge , neither of which ( although the first of them and i have been familiar together for almost twenty years ) i am confident of it , in reference to my actings to the sons of men , are able to my face to say black is my eye , yet for these men so high and mighty in their pretence of religion , and in their former familiarity and friendship to me , to persecute me bitterly , and write reproachfull books &c against me and in the day of my calamity ( when the great men of the nation make deep furrows upon my back for nothing ) when i am as it were in the kennell , and my hands and feet tied , then to beat , buffe● , wound me , and pursue my very life ; o the height not only of unchristianity , but even of unmanhood it selfe ! such actions differing nothing in beastlinesse and brutishnesse from the brutest of beasts themselves ; if it had been enemies ( as david did in the like case ps . . , , . that had done it , i could have born it ; but for my familiar , bosome , indeared friends , to deal thus with me , and that in the day of my adversity , when my life is hunted for like a partridge upon the mountains , in this they are more unnaturall then the very pagans and heathens themselves ; for saith isaiah , cha . . . the inhabitants of the land of tema brought water to him that was thirsty , they prevented with their bread him that fled ; and for their mal●ing a frothy light , giddy headed fellow of me in their late book called walwyns wyles , easily deluded and drawn aside , being of no depth in my self ; i am confident there is no two men in england that know me , whose consciences are more perswaded of the falsity of that their own assertion in every particular then m. rozer , and master kiffin are , if they would speak the truth from their very hearts , the whole stream of my actions extraordinarily well known to both of them for these twelve or thirteen years together , being as a large demonstration that i understand the things i goe about ; and am not to be biased with favour , flattery , frowns , nor hard usage ; ( but act singly and nakedly upon my own principles that i beleeve god distills into my soul ) i beleeve as the actions of any man upon the face of the earth are , having never forsaken nor changed my principles from better to worse the space of one hour from the day 〈…〉 fatherly discovering , and distinct , and assured making known of his turnall , everlasting and unchangable loving kindnesse in the lord jesus unto my soul , to this day , although i am confident it is now above years , since i know god at my 〈◊〉 and reconciled father , that had particularly wasted and clensed my soul with the 〈◊〉 bloud of jesus christ , and had cansed the grace of god to appear in my soul , to 〈◊〉 me ( as a reciprecall duty spread abroad in my heart by the overflowings of the fountaine of love within me ) to abstaine from all ungodlinesse and worldly best , and to live soberly and righteously , in this present evill world , doing good to all , his especially to the houshold of faith , ingraving with his spirit upon my heart as with a point of a diamond those divine laws , viz. to doe to all men as i would they should do to me , and in all the carriages of my life to be watchfull over my actings , and not to be evill that good may come of it , and thirdly that seeing that i am bought with a pri●● by redemption , that therefore i should not be the servant of men ( to serve their best and wills ) but entirely and solely the servant of god , to glorifie him with my body , in rightous and just actions amongst the sons of men , as well as in my soul , in speculation , imgra●tion or adoration ; and so at present i leave them to the reflections of their own consciences , if the vanity of the world and the fadeing promotions thereof hath not eat out the life and sensible part of them ; into whose secrets 〈◊〉 let not my soul ( o lord ) enter into . but as for the rest of their subscribing comrades , being in all six or seven , i know not some of them , only 〈◊〉 price , and richard arnold i know to be men fitly to deserve the name of 〈◊〉 baristors , or known eves-dropers , so detestable and abominable therefore to all truly & really honest unbialed men that know them , that a man shal but defile himselfe to touch them with a paire of tongs , deserving no other answer from me for their indefatigable and restlesse pains to bespatter and destroy me , but either the highest of scorn , or a good cudgell in due time ; and so at pres●●● i leave them to the serious perusal of their own ugly forms and shapes , lively pictured out in that most excellent and masculine anatomy of them , by doct. brooks in his law book entituled the charity of churchmen , or a vindication of ( my most choice and honest comrade and fellow-sufferer ) master william walwyn . but in regard my grand adversaries , and their little boagles in london , doe continually report me to be a man of contention , and one that is never 〈◊〉 from broyls , nor never content with any government ; but full of self ●●●ceitedness , malice and revenge ; it will be very necessary for me to return a● effectuall answer to this , before i come to the main thing i intend . and therefore in the first place , when i was a childe ( as paul saith ) i thought as a childe , i did as a childe ; but after i came to have any discretion , well ngh twenty years agoe , my father brought me to london , and bound me apprendes to mr. thomas hewson near london-stone ; whom i served as faithfully about six years , as every apprentice served a master : and though he had no more but my self , and had many thousands of pounds went through my hands , driving a large whole-sale trade ; yet directly , nor indirectly , i cannot remember that ever i wronged him of a groat , or the value of it ; or that ever all the 〈◊〉 i was with him , i was ever branded or taxed with one bafe visible action ; or that i either gave or took a box on the eare , or any thing like it , or ever quarrelled with any flesh alive all the time i was there , ( although i had then as much mettle , life and spirit as most young men in london had ) only i must confess , my old master offered me sometimes some abuse , for which i carryed him before the chamberlain of london , and ever after lived in peace with him : and after that , in all the dayes of my calamity by the bishops , had the truest and cordiallest friend of him , that ever servant had of a master in the day of his tryall . and though in his service ( keeping only a ware-house ) severall days in the week i had spare time enough , yet i never misspent it , but continually spent it in reading the bible , the book of martyrs , luthers , calvins , bezaes , cartwrights , perkins , molins , burtons , and rogers works , with multitude of other such like books that i had bought with my own money ; till the foresaid mr. edmond rozer , my familiar friend and neighbour , and fellow-professor of religion , ( conversant at my masters house from the beginning of my coming to him ) brought me in anno . acquainted with dr. bastwick then prisoner in the gatehouse , whom after i visited constantly , and for whose service i could have laid down my life ; and for my true affection to him , i was forced by the bishops and their catchpoles to fly into the low-countreys for refuge , just about the time of his banishment , where i was divers months , and where the kings ambassador , sir vvilliam boswell , laid for me ( as i was informed ) severall designes to put me a ship board , and send me over to england to the bishops here , for my visible activity there against them , which forced me continually to wear my sword about me ; yet in all my time there , i never gave nor took a box on the eare , nor had so much as a single quarrell ; and at my coming to england i was in danger enough , and therefore went like a swaggerer disguised , and yet was betrayed by my pretended bosome friend , john chilliburn servant to old mr. vvharton in bow-lane , and so fell into the devouring clutches of the high-commission , councell-board , and the star-chamber , all three of which had a sting at me : but in all my troubles and tryals by them for divers years together , i never saw or heard of any other prosecutor , but only two most desperate , forsworn , false oaths of my then familiar acquaintance , edmond chillington then button seller in cannonstreet , and now a forsworn lieutenant in colonell whaleys regiment of horse : which false oaths he was hired unto by the bishops and their chaplins , mr. baker , &c. and by means of which he got his own liberty , and this he did for my curtesie and kindnesse to him in his then captivity , &c. owing me at this day , i am confident of it , upon that account well nigh pounds : by meanes of which oathes , i had above stripes with knotted cords , given me by the bloody decree ofold sir henry vane , &c. and endured a world of other unheard of miseries and barbarous cruelties for three yeers together : and at my deliverance by the parliament , i could have had his eares for perjury , as easily as to have kissed my hand , if i had been revengefull ; but so far was i from that , that i never questioned him for it , but contrarily i requited him good for evill , when he was prisoner in oxford castle with me , and ready to starve , being destitute both of money and friends there ; and to save him alive , i readily lent him both gold and silver , as he very well knowes , by the same token i was without my money long enough ; and in the day of his prosperity here , i was fain to ask often enough for it , before i could get it again . so here it is true , i was in contestation with the high 〈…〉 board , and star-chamber , but they began with me , and not i 〈…〉 story of which you may read in my book called the christian mans 〈…〉 , for mr. vvill. larner ) it is true also , i had in them sufferings , 〈◊〉 contestations with gaolers , but it was to preserve my life , when they 〈◊〉 to law would have murdered me ; but with all my fellow-prisoners , &c. i lived as peaceably , as lovingly and friendly as any man in the world did ; and all this contestation was but for the maintaining my legall rights due to me by the nation of right , which before the beginning of those troubles i had read , and a little understood : in which contest this parliament in its primitive 〈◊〉 hath justified me , in not only by abolishing the foresaid unjust courte by act of parliament ; but also in and by their votes of the th . may , ● . which thus followeth ; resolved upon the question . that the sentence of the 〈◊〉 chamber given against john lilburne , it illegall , and against the liberty of the subject ; and also bloody , wicked , cruel , barbarous & tyrannicall . resolved 〈◊〉 on the question , that reparations ought to be given to mr. lilburn , for his 〈…〉 forment , sufferings and losses sustained by that illegall sentence ; which i could i never got to this day , but had been a rich and happy man in reference 〈◊〉 〈◊〉 world , if it had been voted i should never have expected any ; for then might i have spent my eight years time in my trade beyond sea , that i have in a 〈◊〉 spent in following these votes ; and one way or other or 〈◊〉 to boot ; with seven or eight imprisonments besides for nothing . well , after this i fought with c. lunsford , and divers others at westminster , ( who drew first ) with my sword in my hand ' , to save the parliament 〈◊〉 throats from being out , conscienciously judging nothing that i had too good to hazard for so just an authority as i then judged them to be ; & they have 〈◊〉 well rewarded me for my pains , with or cruell imprisonments , and 〈◊〉 told me nor any body else to this hour wherfore , with many strong endeavour to take away my life in the said imprisonments unjustly ; but i hope , they ●p●cially will justifie me in that contest ; however , i from my heart beseech the righteous lord of heaven and earth to judge righteously and impartially betwixt them and me , and to manifest his righteous judgment betwixt to visibly to the world , that so the sons of men may see it , and behold it , and fear , and tremble before him . well , in the next place the wars begun betwixt them and the kings and truly having seriously read all their primitive most excellent declaration , and sufficiently my self smarted under the kings irregular government , in the violating of the laws of england , the compact betwixt him and his people ; which he in my judgment had then notably violated ; and not in the least doubting but they would be as good as their words and declarations , which were to secure the peoples lawes and liberties to them , and not in the least to seek themselves ; to provide for their weale , but not for their woe : and reading in the scripture , rom. . that the end of the institution of all magistracy in the world , is for a terror to evill doers , and for a praise to those that doe well ; the ●●●●ous consideration of which , wrought out something in reason in my one thoughts , to ballance the letter of those laws , ( which i then knew were absolutely for the king ) somthing like those generall rules or maximes in law , recorded by that most excellent of english lawyers , sir edw. cook in his part . institut . fol. . which are , that although the law ( of england ) speak in generall terms , yet it is to be bound up , or accepted , but where reason causeth , there the law ceaseth ; for seeing reason is the very life and spirit of the law is self , the law giver it not to be eseemed to respect that which hath no reason , although the generality of the words at the first sight , or after the letter seem otherwise : and it , in my reason , could not be rationall for any men to appoint a compact to be betwixt two parties , but to bind both equally alike , king as well as people ; and not to keep the people bound to the expresse letter of the kings part , or any others , when the king or that other , shall break his or theirs in twenty particulars , as by ship-money , projects , &c. and further , saith cook , fol. . ibid. such an interpretation of ambiguous things ( in law ) it always to be made , that absurdities and inconveniences may be avoyded : but absurdities and inconveniences cannot be avoyded , if the express and single letter of any law , in reference to a king or parliament , shall tie or bind me to cut my own throat , or any other wayes destroy my self , or my companions , brethren , or neighbours , which is irrationall or unjust for me to do : part. book decl. p. . so upon these or the like grounds , i took up arms in judgment and conscience against the king , and contested with his misgovernment in subduing my legall and native rights , and in my sufferings and arraignment at oxford therefore , carried my self with a great deal of resolution and undauntednesse of spirit ; for which the parliament by speciall declaration of the of december , justified me : which declaration you may see part book decl. pag. , . yea , and exchanged me very honourably , high above my quality and condition ; and at my coming home , some of them that were no mean ones , proffered my wife a place of honour and profit for me , then reputed worth about l. per annum : which i conscientiously scorned and slighted , professing unto my wife , to her extraordinary grief , that i must rather fight ( though it were ) for pence a day , till i see the liberties and peace of england setled , then set me down in a rich place for mine own advantage , in the midst of so many grand distractions of my native country as then possessed it : and so i left old essex , that had been so generous unto me in giving me almost l. ready money at my deliverance , as colonel flettwood and colonel harrison very well know : but him for all that ( i say ) i left , for his persecuting for non-taking the covenant , and down to lincolnshire i posted , to my then two darlings and familiar friends , monchester and cromwel ; where i engaged heartily , [ and spent all essex his money freely ] and contiued in many a desperate service , till manchester visibly degenerated , and would have hanged me , for being over-honest , and over active in taking in tikel castle too soon : which with his visible turning knave , and apparantly betraying his trust at dennington , in defigning his army , or the best part of it , a sacrifice to the kings fury , made me engage against him and others of his associates , with cromwel , who thereunto sollicited me , and also threw up my commission ; and so his basenesse spoyled a souldier of me , that i could never fight as a souldier since ; although cromwel by himself face to face , and by his agents ( i am confident of it ) hath from time to time much , and as earnestly solicited me , as is possible for a man to be solicited , to take up command in fairfax his army . but no sooner was i by the ears with manchester , who first began with me , but mr prynn wrote his desperate invective books against us all that would not be conformable to the covenant ( that cheat , ) and the scots presbytery ( that every thing and nothing ; ) and would have bad us all destroyed , or banished the land of our nativity : so in conscience to god , and safety to myself and brethren ( mr edmund roser , my present unworthy antagomst , being that my pastor or teacher ) i was inwardly compelled to deal with him , that then sought to destroy the generation of the righteous ; and accordingly i wrote him a sharp epistle , now in print , dated jan. . which brought upon ●● back a whole sea of troubles ; and a vote or votes in the house of commons past against me : whereupon , without any more a doe , black corbet and the committee of examinations makes me a prisoner , and tosseth and ●umbleth me to the purpose : so before him , upon the of june , was i forced of give in my reasons ( now in print ) wherefore i wrote that excellent and seasonably epistle ( which was the first avowed publick cannon i know of in england , discharged against the then insulting presbyter , for the liberty of the consciences of my present bloudy and malicious persecutors , that now stile themselves the pastours and leaders of the churches of god ; but do indeed and in truth , by their unnaturall , unchristian , and unjust actions deserve no other stile , but men fit for nothing but to be the pastors and leaders of the synagague of ●atan . ) the whole story of which contest with mr prynn , you may read at large in the beginning of my book , called innocency and truth justified shal i hope my present adversaries , who pretend themselves to be leaders in the churches of god , will justifie and acquit me from guilt or crime in these contests ; especially considering that they themselves ( that now are so violent in hunting after my bloud , and the bloud of my associates , in the day of our trouble and calamity , now we are under hatches ) durst then do not thing manlike for themselves ; but sate in silence like a company of 〈◊〉 without souls or hearts . and then before i well got rid of this broyl , you your self got the house of commons the day of july . to fall upon my bones , and vote 〈◊〉 prison i know not wherefore , unlesse it were for riding post from summerset-shire through twenty dangers to bring you the first news of the lord gorings 〈◊〉 being routed at lampert ; for you never told me other to this hour ; but yet i was to●●ed by your own means , from hunt your serjeants hands , to the hands of knight his deputy ; and from thence the of august to newgate , by that old patentee monopolizer lawrence whittaker , then chairman to the committee of examination ; and when you had got me to newgate , then you got your bull-dogs in the house to bait me to the purpose , and also turn'd me over to be araigned at the sessions in old-hatly and so to be hanged at tyburn ; for you appointed bradshaw your bloody and unjust lord president , master seale and walker &c. to prosecute me for my life ; but after i had sufficiently baited both you and your unjust house ; you sent me to newgate a hundred pound in mony , i thinke to get me to hold my peace , and the of october . most honorably voted me out of prison , and so your self being my accuser , prosecuter and judge , justified me in this contest , the relation of which you may at large read in that notable book called englands birth-right , and in my epistle of two sheets of paper in print dated . july . but especially in my large book 〈◊〉 and called innocency and truth justified ; and in this contest with you , any old acquaintance doctor bastwick , ( for whose sake in the bishops days i underwent more sorrows then is to be found in any ordinary death ) fell upon me also , so that likewise i was faine to contest a little with him , but he begunne first . and after this , viz. upon the day of april . colonel edward king arrests me in an action of l. at westminster for calling him traitor , which was only in truth , for discharging my duty in prosecuting him , for betraying his trust to the kings party , while he was my colonel in lincolnshire , and in this contest abundance of your own ordinances justified me : which while i pleaded them in my epistle to judg reeve of the of june now in print , before whom kings action were dependent ; the guilty conscioned judge grew as angry with me therefore , as the lawyers in christs time did at him , for reproving the hypocrisie of the scribes and pharisees , although nominally he medled not with them , yet their own guilty consciences did inwardly accuse them , which made one of them say , master , in saying then , thou reproachest us also , luke . . unto whom christ replyes and saith , vers . . &c. wo unto you also ye lawyers ; for ye lade men with burdens grievous to be 〈◊〉 and you yourselves touch not the burthens with one of your fingers . wo unto you for you build the sepulchers of the prophets , and your fathers killed them . truly ye bear witnesse that ye allow the deeds of your fathers : for they indeed killed them , and you build their sepulchers . therefore also said the wisdom of god. i will send them prophets and apostles , and some of them they shall slay and persecute ; that the bloud of all the prophets which was shed from foundation of the world may be required of this generation , from the bloud of abel unto the bloud of zacharias , which perished between the altar and the temple : verily i say unto you it shall be required of this generation . woe unto you lawyers for ye have taken away the key of knowledg ; ye entred not in your selves , and them that were entring in you hindred . and accordingly judge 〈◊〉 being wounded within at the down-right truth of my forementioned epistle or plea. that lasheth the base and abominable coruptions of him and the rest of his brother-judges , then and now administrators of the law ; and finding something in it that brands manchester for an unjust man in his late generalship , who then was speaker of the house of pee●s , away to him trudgeth the judge in all post haste with my book , to get him by his power to be revenged of me which he was easily provoked and perswaded too and accordingly the of june . he gets an order to passe the lords house , to summon me up to the lords bar to answer to such things as i stood charged before their lordships with , concerning the writing the foresaid letter or plea , and when i came to their bar they dealt with me like a spanish inquisition , in examining me against my selfe , which forced me then at the bar to deliver in my plea in law , to prove that by the laws of england they had no jurisdiction over commoners , to try them either for life , limb , liberty , or estate , which you may read in my printed book , called the freemans freedom vindicated , which plea and protestation made them mad , and for which they sent me to newgate , from whence upon the of june i sent my appeal for justice to the house of commons against them , which made the lords madder , whereupon they upon the of june . issurred 〈…〉 bring me to their bar again , where in contempt of their jurisdistion , 〈…〉 to kneel , for which they committed me to the foresaid wollastone 〈◊〉 of newgate , to be kept close prisoner without pen , inke or paper , the 〈…〉 or any other friend , which was with rigour sufficiently exercised upon me , till the ●● of july . which day they issued our another order to bring me again to their bar , at which when i came , in the height of contempt of their jurisdiction , i marched in amongst them with my bat or , & not only refused to kneel at these bar , but also with my fingers stops both my ears when they went about to read my ●●tended charge , for all which they fined me l. to the king , and forther sentenced me to be a prisoner seven yeares , or during their pleasure , in the t●●er of london , to be for ever disfranchised of being capable to bear any 〈…〉 military or civill government , in church or common-wealth ; and accordingly i was committed to the tower , where i was in the nature of a close prisoner , divorced from the society of my wife , till the of september 〈◊〉 whereupon a strong warre was made upon the lords and their jurisdiction , by the authors of those two notable books , called vane plebis , and royall , and i also paid them prety well my self , in my two large books , called , londons liberty in chaines discovered , and londons charters , and by a large 〈◊〉 of my wives , and accompanied at the delivery of it with divers of 〈…〉 friends , i got my business to the examination of a commities of the house of commons , before whom i appeared , and pleaded the th . november , . and had fair play , but waited month after month , and 〈◊〉 get no report of it made by reason of the swoy and power that mr. denail 〈◊〉 , sir philip stapleton , & the rest of their associates had bene in the house of 〈◊〉 , who were then strong confederates with the lords in their unjust 〈◊〉 , and my then professed enemies , in keeping me from justice , the 〈…〉 of the law and my right : whereupon i was compell'd and necessitated by a hard , long . and almost starving imprisonment to engage against them ; which i did to the purpose , as you may read in my books , called , the oppressed ●●● oppressions declared ; the out-cryes of oppressed commons ; the resolved man resolution ; and rash-oaths . and then the army turned up the chief of 〈…〉 heels , by a trick of hōr●● porus , alias , an impeachmeny ; and the● up got mr. oliver cromwall my pretended friend , with whom , and in whose quarrel ( for the liberties of the common-wealth ( as he pretended ) at his earnest follcitation of my wife in london , to send for me from the 〈◊〉 then at crowland ; ( and by his message delivered unto me for that end , by his brother-in-law major desborough , near sir will. russels in cambridg-shire ) i engaged against the earl of manchester , &c. and was one of the first ●vidences that gave in my testimony against him , before mr. lisle then 〈◊〉 to that committee , where manchesters impeachment did then depend ; but alass , mr. oliver impeached him only for this end , ( as the fequel fully 〈◊〉 ) not in the least for justice-sake , but only to get him , &c. out of his command ) that so he might get in a friend of his own into it that he could rule , and it may be in time himself ; both of which he hath compleatly done : but i say mr. oliver ; by the help of the army at their first rebellion against the parliament , their lords and masters , was no sooner up , but like a most perfidious base unworthy man , he turned my enemy and jaylor , and was as great with manchester in particular as ever ; yea , and the house of peers were his only white boyes ; being more then his drudges , and more conformable to his will then the house of commons it self ; and who but oliver ( that before to me had called them in effect both tyrants and usurpers ) became their proctor where ever he came , yea , and sot his son ireton at work for them also , insomuch as at some meetings with some of my friends at the lord whartons lodgings , he clapt his hand upon his breast , and to this purpose , professed as in the sight of god , upon his conscience , that the lords had 〈…〉 a right to their legislative and jurisdictive power over the commons , as he had to the coat upon his back ; and he would procure a friend , viz. mr. nath. 〈◊〉 , should argue and plead their said right with any friend i had in england ; and not only so , but did he not get the generall and councell of war as windsor ( about the time when the votes of no more addresses were to pass ) to make a declaration to the whole kingdom , declaring the legall rights of the lords house , and their fixed resolutions to maintain and uphold it ? which , as i remember was sent by the general , &c. to the lords by sir hardiasse vvaller ; and to indear himself the more unto the lords ( in whose house without all doubt he intended to have fate himself ; ) he required me evil for good , and became my enemy to keep me in prison , out of which i must not stir , unless i would stoop and acknowledge the lords jurisdiction over commoners , ( and for that end he set his agents and instruments at work to get me to doe it ; ) and it became the above-board work of him and his son-in-law , after a little under-hand working , to make all means gone about in the army for my liberty , ineffectuall , or a seate to me ; so that i was pinched and forced for my own preservation , to fall about olivers eares , and his sons both , to discover their depth of 〈…〉 by themselves and agents in their base dealing with me , ( who was them almost destroyed in prison by their villany ) as you may partly read in my books , called , the juglers discovered ; jonah's cryes out of the wholes holly ; the peoples prerogative ; my additionall plea before mr. john maynard of the house ; and my whip for the present house of lords . but to fill up the measure of his malice against me , after by my own induttry and importunity , i had got a little liberty , in spite of him and his faction , from your house , he and his faction got your house again to commit me and mr wildman prisoners as traytors , upon . jan. . for but mannaging an honest petition , that did but a little touch upon the lords power : and yet this very mr. oliver hath since been the principall instrument to pluck up the house of lords by the roots , as usurpers and encroachors , because they would not joyn with him to cut off the king's head ( for that which he is as guilty of himself ) and so take him out of his way , that he might be absolute king himself , as now he is , and more then ever the king was in his life : for he can , and hath taken severall free men of england by the shoulders at the house door , and in westminster-hall , and by his will , without any ●ne processe of law , commited them prisoners to his mercinary janisaries , ( as lately he hath done to honest cornet chesman , ( not of the army ) for but deliuering a letter of his unjustly imprisoned captains , cap. bray , to the speaker , and soliciting him for an answer to it : ) the like of which tyranny the king never did in his reign ; and yet by saint oliver's means , lost his head for a tyrant . but the thing that i principally 〈◊〉 at here , is , to declare , that oliver and his parliament now 〈…〉 ( for the nations it is not ) having pluck'd up the house of lords by the roots , as usurped , tyrannicall , and unjust , hath thereby himself justified not in all my contests with them , in denying their jurisdiction over common●●● by law. and although oliver had his hands full with poyer , goring , holland , hamilton and langdale the last yeer ; but especially with the generall 〈…〉 was then in both houses against him ; upon the notable impeachment of his major huntington , and i then by my absolute freedom was a little up , and could have at my pleasure been revenged of him , if i had so pleased , either by divisions in his army , which was easily then in my power ; or by joying in impeaching him with major huntington ; which i had matter enough to do , and was earnestly solicited to it again and again , and might have had ●●● enough to bost in my then low and exhausted condition : yet i scorned it , and rather applyed my hand to help him up again , as not loving a scotch interest , it is very well and fully known to his present darling mr cornelius holland , and also to colonel ludlow , and mr thomas challoner , with other members that i could name ; and which was demonstrated to himself by a letter i sent him by mr edw. sexby , whom on purpose i procured to go down to him : the true copy whereof thus followeth : sir . what my comrade hath written by our trusty bearer , might be sufficient for us both ; but to demonstrate unto you that i am no staggerer from my first principles that i engaged my life upon , nor from you , if you are what you 〈◊〉 to be , and what you are strongly reported to be ; although , if i prosecuted ●● desired revenge for an hard and almost sterving imprisonment , i could have had of late the choice of twenty opportunities to have payd you to the purpose ; but i 〈◊〉 it , especially when you are low : and this assure your self , that if ever my band he upon you , it shall be when you are in your full glory , if then you shall decline from the righteous wayes of truth and justice : which , if you will fixedly and impartially prosecute , i am yours , to the last drop of my heart bloud , ( for all your late severe hand towards me ) john lilbvrn . from westminster the of august , being the second day of my freedom , which letter &c. as i have been told by the bearer , was not a little welcome . but his dealings with me now manifest that proverb to be very true , ●● save a thief from the gallows , and for your requitall , he will be the first shall have you . but to this i shall say no more but what the spirit of truth saith in 〈◊〉 . . . that he that rewards evill for good , evill shall not depart from his 〈◊〉 . and being at liberty , not liking in the least the several juglings i observed in divers great ones in reference to the personall treaty , and that there was nothing worth praising or liking thought of or presented by the parliament in reference to the peoples liberties or freedoms , ( especially considering their late large expences and hazards for the procurement of the settlement of them ) i was compelled in conscience to have a hand in that most excellent of petitions of the of septemb. . which ( i am sure ) was no small piece of service to cromwel and his great associates : though his church-men , now my chiefest adversaries , durst not joyn in it , nor own it for very fear . and hauing been in the north about my own business , where i saw cromwel , and made as diligent scrutinies into things about him , as i could ; which i then to my self judged , savoured more of intended self-exalting , then any thing really and heartily ( of what before i had strongly heard of him ) to the through advancement of those things that were worthy to be accounted indeed the liberties and freedoms of the nation . and being come to london , my self and some other of my friends , by two messengers , viz. mr. hunt one of cromwel's creatures , and another , sent a message down to him to pomfret , to be delivered to himself , and to debate it with him , and bring his expresse answer back again speedily : the effect of which message was , that to our knowledge , god had caused him to understand the principles of a just government , under which the glory of god may shine forth by an equall distribution unto all men . that the obtaining of this was the sole intended end of the warre : and that the warre cannot be justified upon any other account , then the defence of the peoples right , unto that just government , and their freedom vnder it . his answer to which message by mr. hunt was principally directed to the independents ; some of whom appointed a meeting at the nags-head tavern by blackwell-hall , and invited m. wildman and my self , &c. thither , whether we went accordingly , and where : wee met with colonel ti●hburn , col. j●hn white , dr. parker , mr taylor , john price , and divers others ; where we had a large debate of things , and where the just ends of the war were as exactly laid open by mr. vvildman , as ever i heard in my life . but towards the conclusion , they plainly told us , the chief things first to be done by the army , was first to cut off the kings head , &c. and force and throughly purge , if not dissolve the parliament : all of which we were all against , and press'd to know the bottom of their center , and in what they would absolutely rest for a future settlement : and i plainly told them in these words , or to this effect . it s true , i look upon the king as an evill man in his actions , and divers of his party as bad : but the army had couzened ●● the last year , and fallen from all their promises and declarations , and therefore could not rationally any more be trusted by us without good cautions and security : in which regard , although we should judge the king as arrant a tyrant as they supposed him , or could imagine him to be ; and the parliament as bad as they could make them ; yet there being no other balancing power in the kingdome against the army , but the king and parliament , it was our interest to keep up one tyrant to balance another , till we certainly knew what that tyrant that pretended f●irest would give us as our freedoms ; that so we might have something to rest upon , and not suffer the army ( so much as in us lay ) to deceive all the government of the kingdom into their 〈◊〉 and 〈◊〉 ( which were two things we nor no rationall man 〈◊〉 and leave no persons nor power to be a counter ballance against them : and if ●● should do this , out slavery for future ( i told them ) might probably be gro●n that ever it was in the kings time , and so our last errour would be greater then our first and therefore i pressed very hard for an agreement amongst the people first , utterly disclaiming the thoughts of the other , ill this was done . and this ( i told them ) was not onely my opinion , but i beleeue it to be the unanim●m opinion of all my friends with whom i most constantly conversed . at which the gentlemen independents were some of them most desperately cholerick : but my opinion being back'd with the speeches of some 〈◊〉 of my friends , we came calmly to chuse out four and four of a side to 〈◊〉 and conclude of some heads towards the accomplishment of an agreement of the people : and ( as i remember ) their four were colonel 〈◊〉 col. white , dr parker , and jo. price ; and our four were m. william walwyn , li●●●●nant-col . wetton , m. john wildman , and my self . but john price seat some of the company to tell us ( after we were parted , and some of us drinkings ●● of wine below ) he would not make one , if mr walwyn was one , for he had a prejudice against him . unto which i replyed , m. walwyn had were 〈◊〉 and integrity in his little finger , then john price had in all his body ; and therefore no meeting for me , seeing john price was so base , unlesse mr vvalwyn ●as one , though we had but two of a side : but the businesse being much debated and expostulated , mr. vvalwin and john price both ( for peace sake ) were at present laid aside : and according to appointment ( as i remember ) all the other six met the fifteenth of novemb. , being wednesday , at the fore-mentioned nage head ; and there , after some debate , unanimously agreed in these words , viz. that in our conceptions , the onely way of so●●ment is , . that some persons be chosen by the army to represent the whole body : act that the well affected in every county ( if it may be ) chuse some persons to repress●● them : and those to meet at the head-quarters . . that those persons ought not to exercise any legislative power , but only to 〈◊〉 up the foundations of a just government , and to propound them to the well-official people in every county to be agreed to : which agreement ought to be about law ; and therefore the bounds , limits and extent of the people's legislative deputies in parliamens , contained in the agreement to be drawn up into a formall contract , to be mutually signed by the well-affected people and their said deputies upon the days of their election respectively . . to prevent present confusion , the parliament ( if it be possible ) may not be by force immediately dissolved ; but that the day of its dissolution be inserted in that agreement , by vertue whereof it shall be dissolved . . that this way of settlement , ( if it may be ) should be mentioned in the arm●'s first remonstrance . . that the matter of the petition of septemb. . be the matter to be setled . which agreement of ours ( as i remember ) was immediately some away , to the head quarters at st. alban's by mr hila●● of southwark , where ( to it was afterwards told us , it was very well accepted and approved of by the great ones there ; whose high and 〈◊〉 declarations 〈◊〉 by 〈◊〉 windsor , when he pretended to lay down his commission ) against the king coming to our view , we made divers objections against many passages in it , but especially at divers lashes that excitely at the beginning of is 〈…〉 us : which we told some of their friends , could not be put in with a spirit of peace towards us , or intention of good to the nation , in those good things we desired and propounded for it : but it was with many fair expressions salved up by them ; upon which we judged it requisite for some of us to go to windsor , to speak with mr 〈◊〉 the s●●●-man himself ; and accordingly ( as i remember ) lieut. colonel vveiton , mr petty , mr vvildman , and my self met there ; and having drawn up our thoughts in writing , we communi●ted them to col. tychburn , col. vvhite , m. moyer , and divers others of the independent party , who went with us to the governours house , where we met with mr peters , the grand journey-●● ha●kney-man of the army ; and after we had acquainted him with out windes , we delivered him a copy of our paper , containing distinctly the heads of what we desired , and intreated him to deliver them to commissary ireton , with whom we desired to discourse about them ; who sent us word , at such an hour be would come to our ion at the garter , to speak with us about them ; and accordingly he did , accompanied with a whole train of officers ; and a large and sharp discourse we had ; our principall difference lying at his desire in the too strict restraining liberty of conscience , and in keeping a power in the parliament to punish where no visible law is transgressed ; the unreasonablenesse of which was much spoken against by divers of the principall officers with him , but especially by col. harrison , who was then extreme ( air and gilded : and so little satisfaction had we at that meeting , from ireton ( the army 's alpha and omega ) that we despaired of any good from them , and were in a manner resolved to come away in haste to london , and acquaint our friends with our conceptions , and so improve our interests forcibly , as much at we could , to oppose their sounded designes . but colonel harrison coming to us again it ten a clock , according to our desire , we had a private and large discourse with him , and fully and effectually acquainted him with the most desperate mischie vousnesse of their attempting to do these things , without giving some good security to the nation for the future settlement of their liberties and freedoms , especially in frequent , free , and successive representatives , according to their many promises , oathes , covenants and declarations ; or else is soon as they had performed their intentions to destroy the king , ( which we fully understood they were absolutely resolved to do , ( yea , as they told us , though they did mutiall law ) and also totally to ●oot up the parliament , and invite so many members to come to them as would joyn with them , to manage businesses , till a new and equall representative could by an agreement be setled ; which the chiefest of them protested before god , was the ultimate and chiefest of their 〈◊〉 and desires ) i say , we press'd hard for security , before they 〈…〉 these things in the least lest when they were done ; we should he solely left to their wills and swords ; by which , we told them , they might rule over us 〈…〉 laws , as a 〈◊〉 people , and so deal with us as 〈◊〉 slavish peasants ●● france and deale with , who enjoy nothing that they in call their 〈…〉 . all besides , we plainly valid we would not trust their bare 〈…〉 rall onely , for they had broke their promise once already , both with 〈…〉 the kingdom ; and he that would break once , would make no conscience of breaking twice , if it served for his ends , and therefore they must come to some absolute particular compact with us , or else , some of us told him , we would post away to london , and stir up our interest against them , yea and spend our blouds to oppose them . to which he replyed to this effect , he was true in what we said ; for he must ingenuously confesse , they had ones 〈◊〉 with us and the kingdom , and therefore acknowledged it was dangerous ●●●sting them upon generals again : bursaith he , we cannot slay so long from going to 〈◊〉 with the army as to perfect an agreement ; and without our speedy going , we 〈◊〉 unavoydably destroyed : for ( saith he ) we fully understand , that the treaty 〈…〉 the king and parliament is almost concluded upon ; at the conclusion of which ●● shall be commanded by king and parliament to disband , the which if we 〈…〉 unavoydably destroyed for what we have done already : and if we do not 〈…〉 will by act of parliament proclaim us traytors , and declare in to be the onely 〈…〉 of setling peace in the nation ; and then ( saith he ) we shall never be 〈…〉 with both the interest of king and parliament : so that you will be destroyed it well as we : sor we certainly understand that major generall brown &c. 〈…〉 hand preparing an army against us . and therefore i professe , i confesse , 〈◊〉 not well what to say to your reasons , they are so strong ; but our necessities 〈…〉 that we must speedily go , or perish ; and to go without giving you some content , is ●●●●●able too . well sir , ( said we ) we have as much cause to distrust the parliament 〈◊〉 , as we have to distrust you ; for we know what and how many large 〈◊〉 they have made to the kingdom , and how little they have performdely 〈…〉 we also know what a temptation honour , power , and profit are even to this spirits that were pretty ingenuous and honest before ; and when you have done your work , and got , as you pretend , forty or fifty of the honestest members of the house to you ; alas , ( said we ) it will be a mock power ; yet they may finde , such sweetnesse and delight in their pretended power , that they may sly to your swords for their protection ; and bid us go shake our 〈…〉 our agreement , and go look it where we can catch it . and therefore we will trust generals no more to your forty or fifty members of parliament , then to you : for it 's possible , if we leave the agreement to their 〈◊〉 , they may frame us such a one as will do us no good , but rather make 〈…〉 by our own consents , if signed by us : and therefore we pres●'d him that we might agree upon a finall and absolute judge of the matter and 〈…〉 the agreement , that so we might not spend months and yeers in dispute about it . and therefore we would propound this unto him , that if 〈◊〉 ●●nest friends in the parliament , as they called them , would-●●use 〈…〉 amongst themselves , and the army four from amongst themselves , and ●● independents four from amongst themselves ; we that were 〈…〉 l●vellers , would chuse four from among ourselves ; and 〈…〉 dra●●p the agreement finally , without any more appeal to any 〈…〉 for our parts , so far as all our interest in england extended , 〈…〉 willing to acquiesce in , and submit to the determinations of them , or the major part of them : and we would be willing the presbyterian party should be●●vi●ed and desired to chuse four more to be of equall authority with the other sixteen . provided , they did it by the first day we should appoint to meet upon . which p●oposition he approved of extraordinary well , and said , it was ●● just , as rationall , and as equitable as possibly could be ; and said , he doubted not but all interests would center in it , and ingaged to acquaint them with it : and so we parted , very glad that we were likely to come to some fixed agreement for the future enjoyment of our dear bought , and hard purchased fr●edoms . and the next morning we went to the gentlemen independents , that lay the next door to us , who were almost ready to horse for london , and we acquainted them with it , who liked it very well , and with whom we fixed a night for severall distinct meetings in london , to chuse our retpective trustees for this work , and also appointed a day to meet at winsor again about it , and from them we went to master holland , who then was the chief stickler , for those they called honest men in the house of commons , and as i remember we ●et colonel harison , master holland , and captaine smith a member , and his son in law in the street , and master holland seemed exceedingly to rejoyce at the proposition . colonel harison having told him of it before , which we repeated over distinctly to him , that so in conclusion we might not be gulled through pretence of mistakes or misunderstandings ; which we were continually a●●aid we should meet with ; so we went all together to commissary generall ir●●ons chamber to have his concurrence , which of all sides was taken for the concurrence of the whole army , or at least for the powerfull and gove●ning part of it ; he being in a manner both their eyes and ears : so when we came to his chamber in the castle , he was in bed with his wife , but sent us out word by colonel harison as he averred to us that he did absolutely and he●●tily agree to the foresaid proposition , which to avoid mistakes , was again repeated , so we seemed joyfull men of all sides , and apointed a day speedily to meet at winsor , about it , master holland againe and againe engaging for four parlsament men , and colonel harison , with commissary ireton for four of the army , as we londoners had done for each of our tribe ; and so to horse we went , and i overtook upon the road the whole gang of independants , with whom i discoursed again , and acquainted them all fully with the absolutenes of our agreement , which they acquainted their friends with in london , who chose colonel tichburn , colonel iohn white , master daniel taylor , and master price the scrivener ; and for our party , there was by unanimous consent of the agents from our friends in and about london , at a every large meeting chosen master william walwyn , master maximilian pe●●y , master iohn wildman and my self , and for the honest men of the parliament as they were called , they had severall meetings at the bell in kings-street , and at summerset-house , where as i was informed , they chose colonel hen●y martyn , colonel alexander rig●y , master thomas challi●● and master sc●t , with one or two more to supply the places of those of them that should be absent at any time about their : occasio●s ; so when we cam● to winsor the army men had chosen commissary generall iret●● , sir william constable , and as i remember colonel tomlinso● , colonel baxster , lieutenant colonel kelsey , and captain par●●● , 〈◊〉 two of the which last should alwayes make up the number ; so we had a ●●ting in their councel-chamber at the castle , where we were all of all 〈◊〉 present , but only the parliament men , for whom only colonel m●●●●● app●●ed , and after a large discourse about the foundations of our agreement , we departed to our lodging , where colonel martyn and we four nic●-named lovellers , lockt our selves up , and went in good earnest to the consideration of of our agreement , but much was not done in it there , because of their ha●●●●● london to force and breake up the parliament ( which journy at all ▪ was very much opposed by m. wa●wyn , and many reasons he gave against their 〈◊〉 ●● london at all ) the absolute desolution of which their friends in the 〈◊〉 would no ways admit of , although ireton , harison &c. commonly stiled it 〈◊〉 a parliament that had forfeited its trust , a mock parliament , and that if they did not totally dissolve it , but purge it , it would be but a mock parliament , and ● mockpower however ; for where have we say they either law , warrant or 〈…〉 purge it , or c●n any thing justifie us in the doing it ; but the height of 〈◊〉 to 〈◊〉 the kingdom from a new war , that they with the conjunction with the 〈◊〉 will presently vote and declare for , and to procure a new and free representative 〈…〉 successive and frequent free representatives , which this present parliament 〈◊〉 never suffer , and without which the freedoms of the nation are l●st 〈…〉 , and 〈◊〉 doing of which can only justifie before god and man ou● pres●●● 〈◊〉 formr extraordinary actings with , and against legall authority , and so all our fighting fruitlesse ; and this was their open and common discourse , 〈◊〉 more of the like nature ; and to those that objected against their totall ●●●●●ving or breaking the house , ( and the illegalitie of their intended and 〈◊〉 trying of the king , which also was opposed by us , till a new and unquesti●●●ble representative was sitting ; ) as i am able sufficiently by pluralitie of ●●nesses to prove and justifie , yea when they were come to london , 〈◊〉 , &c. and some members of the house ( in a chamber neer the long gallery i● vvhite-hall , ) had a large conference , where and to whom he stifly 〈◊〉 the same to their faces , calling this purg'd parliament , a mocks power and 〈◊〉 parliament , which members i beleeve if there were a necessiry of it , i could produce to justifie it ; for i am sure one of them told me the substance of all the discourse immediatly after it happened ; so that if it be treason to 〈…〉 a pretended parliament , a mockpower , a mock parliament , yea and to say in 〈◊〉 english , that it is no parliament at all , then they themselves are the pr●●● , the 〈◊〉 and originall trayto●● ▪ and if this be true , as true it is ; then there 〈…〉 legall judges , nor justices of peace in england ; and if so ; then all those 〈…〉 executed at tiburne , &c. by their sentences of condemnations given against them , ●● meerly marthered and the judges or justices that condemned the● 〈◊〉 liable in 〈◊〉 〈…〉 ( and that justly ) therefore , for acting without a just and ●●gall ●●●mission either from true regall , or true parliamentary power ; see for this purpose the notable arguments in the ▪ , but especially page of the second edition of my late picture of the councell of state : but to 〈◊〉 to our acting to compleat the agreement , all parties chosen of all sides ●●●stantly mett at white-hall after the army came to town , saving the parliament men failed , only master mortin was most commonly there , and a long and ●●dious ●ug we had with commissary generall 〈◊〉 only , yea 〈◊〉 whole nights together , principally about liberty of c●●sci●●●● , and 〈◊〉 parliaments punishing where no law provides , and very angry and lordly in his debates many times he was ; but to some kind of an expedient in the first , for peace sake we condescended in to please him , and so came amongst the major part of the commissioners , according to our originall agreement , to an absolute and finall conclusion ; and thinking all had been done as to any more debate upon it , and that it should without any more ●doe be promoted for subscriptions , first at the councell of warre , and so in the regiments , and so all over the nation ; but alas poor fools we were meerly cheated and cozened ( it being the principall unhappinesse of some of us ( as to the flesh ) to have our eyes wide open to see things long before most honest men come to have their eyes open ; and this is that which turns to our smart and reproach ) and that which we commissioners feared at the first , viz. ( that no tye , promises not ingagements were strong enough to the grand juglers and leaders of the army , was now made cleerly manifest , for when it came to the councel , there came the generall , crumwell , and the whole gang of creature colonels and other officers , and spent many dayes in taking it all in pieces ) and there ireton himself shewed himself an absolute king , if not an emperor , against whose will no man must dispute , and then ●●ittlecock 〈◊〉 their scout , okey , and major barton ( where sir hardres●e vva●●er sate president ) begun in their open councell to quarrell with us by giving some of us base and unworthy language , which procured them from me a sharpe retortment of their own basenesse and unworthinesse into their teeth , and a challeng from my selfe into the field besides seeing they were like to fight with us in the room , in their own garison , which when sir hardresse in my eare reproved me for it , i justified it and gave it him again for suffering us to be so affronted : and within a little time after i took my leave of them for a pack of dissembling juggling knaves , amongst whom in consultation ever thereafter i should scorn to come ( as i told some of them ; ) for there was neither saith , truth , nor common honesty amongst ●hem : and so away i went to those that chose and trusted me , and gave publikely and effectually ( at a set meeting appointed on purpose ) to divers of them an exact account how they had dealt with us , and couzened and deceived us ; and so absolutely discharged my self for medling or making any more with so perfidious a generation of men as the great ones of the army were , but especially the cunningest of machiavilians commissary henry ireton : and having an exact copy of what the greatest part of the foresaid sixteen had agreed upon , i onely mended a clause in the first reserve about religion , to the sense of us all but ireton , and put an epistle to it , of the of december ● , and printed it of my own accord , and the next day it came abroad ; about which mr price the scrivener and my self had a good sharp bout at colonel t●●bburn's house within two or three dayes after , where i avowed the publishing of it , and also putting my epistle to it of my own head and accord . and after that i came no more among●●hem , but with other of my friends , prepared a complaint against their dealing with us , and a kinde of protest against their proceedings ; which with my own ha●d i presented to the generals own hands at the news , the of december , being accompanied with major robert cobbet , mr. thomas prince , mr. george 〈◊〉 ●● mr. robert davies , mr. richard overton , mr. edward ●e●ch , mr. d●●i●l li●ton , mr. william bottom , mr. john harris , mr. thomas dafferne , mr. thomas goddard , mr. samuel blaiklock , mr. andrew dedn●m , mr. john walters , and mr. richard pechel ; and which was immediately printed by ja. and jo. moxon , for william larner , at the signe of the black moor neer bishops-gate : within two or three dayes of the delivery of which , i went towards my journey to newcastle ; and about five weeks after my arrivall in those parts , i heard that the general and his councel had presented their agreement to your house : which , when i read the title page of it , i found it to be upon the of january , which is compleat dayes after my publishing of that which is called ours . and yet in the third and fourth pages of a declaration of the proceedings of the general in reducing the late revolted troops , appointed by his excell●ncy and his councel of vvar to be printed and published may , and signed by their order , richard ha●ter secretary , and first printed at oxford , and then re-printed at london may ▪ . i finde these very words , viz. the grounds and manner of the proceedings of these men that have so much pretended for the liberty of the people , have been as followeth : there was a paper stiled the agreement of the people , framed by certain select persons , and debated at a generall councel of officers of the army , to be tendered to the parliament , and to be by them commended over to the people of the nation : it being hoped , that such an expedient , if assented unto , at least by the honest part of the people that had appeared for this common cause , to which god hath so witnessed , it would have tended much to settlement , and the composing of our differences ; at le●s● have fixed honest men to such grounds of certainty as might have kept them firm and entire in opposing the common enemy , and stand united to publick interest . the generall councell of the army , and the other sorts of men , going then under the name of levellers ( so baptized by your selves at putney ) who ( by their late actings have made good the same which we then judged but an imputation ) had ( as now it appears ) different ends and aims , both in the matter and manner of their proceedings : that which was intended by those men , was to have somewhat ●●dred as a test and coertion upon the people , and all sorts of men and authorities in ●he land : that which these , to wit , the councell of the army aimed at , was to make an humble representation of such things as were then likely to give satisfaction , and unite , and might be remitted to mens judgments , to be owned or disowned as men were satisfied in their consciences , and as it should please god to le● men see reason for their so doing ; that so it might not be onely called ●● agreement , but through the freedom of it , be one indeed , and receive it's stamp of approbation from the parliament to whom it was humbly submitted . hereupon those other men took so much dissatisfaction , that they forthwith printed and spread abroad their paper , which was different from that of the army ; using all possible m●ans to make the same to passe : but with how little effect , is very well known . and finding by the armie's application to the parliament , that they were likely , according to their duty , to stand by and own them as the supreme authority of the nation , they have by all means assayed to vi●●pend that authority , presenting them to the people ( in printed lib●ls , and otherwise ) as worse tyrants then any who were before them . in which passage of the generals and his councel , i shall desire to observe these things , which plainly to me are in the words : and if they can make it appear that i mistake their words as they are laid down , i shall cry them mercy . first , that they give a false and untrue narrative of the original occasion of that agreement , to which by our importunate importunity they were necessitated , and drawn unto that little they did in it as a bear to the stake , as is truely by me before declared ; and which , as the sequell shews , they undertook meerly to quiet and please us ( like children with rattles ) till they had done their main work ; ( viz. either in an●hilating or purging the house to make it fit for their purpose , and in destroyng the king ; unto both which they never had our consents in the least ) that so they might have no opposition from us , but that we might be lull'd asleep in a fools paradise with thoughts of their honest intentions , till all was over ; and then totally lay it aside , as they have done , as being then able to do what they pleased whether we would or no : for if they ever had intended an agreement , why do they let their own lie dormant in the pretended parliament ever since they presented it ? seeing it is obvious to every knowing english eye , that from the day they presented it to thi●●our , they have had as much power over their own parliament now sitting , as any school-master in england ever had over his boys . but to them it was presented ( who scarce ought to meddle with it ) on purpose , that there , without any more stir about it , it might be lodged for ever : for alas , an agreement of the people is not proper to come from the parliament , because it comes from thence rather with a command then any thing else ; so that its we , and not they that really and in good earnest say , it ought not to do , but to be voluntary . besides , that which is done by one parliament , as a parliament , may be undone by the next parliament : but an agreement of the people begun and ended amongst the people can never come justly within the parliaments cognizance to destroy : which the generall and the chief of his councel knew well enough ; and i dare safely say it upon my conscience , that an agreement of the people upon foundations of just freedom gon through with , is a thing the generall and the chiefest of his councel as much hates , as they do honesty , justice and righteousnesse , ( which they long since abandoned ) against which in their own spirits they are absolutely resolved ( i do verily beleeve ) to spend their heart blouds , and not to leave a man breathing in english air , if possibly they can , that throughly and resolutely prosecutes it ; a new and just parliament being more dreadful to them , then the great day of judgement spoken so much of in the scripture . and although they have beheaded the king , yet i am confidently perswaded their enmity is such at the peoples liberties , that they would sooner run the hazard of letting the prince in to reign in his fathers stead , then further really a just agreement , or endure the sight of a new parliament rightly constituted . secondly , it s plain to me out of their words , that they positively aver , that their agreement was presented to the parliament before ours was published in print ; which i must and do here tell both the 〈…〉 councel , is the arrantest lie and falshood under the cope of he●ven : for i have truely before declared , and will justifie it with my life , that ours 〈…〉 printed above thirty dayes before theirs was presented ; yea , it was printed before theirs was half perfected . but it is no wonder , when men t●●n their backs of god , of a good conscience , of righteousnesse and common hon●●y amongst men , and make lies and falshoods , oppression and bloody cruelty their sole confidence and refuge , that then they say or swear any thing ; all which , if the generall and his councel had not done , they would have scorned and abhorred , in the face of the sun , to have affirmed and printed so many lies , as in their foregoing words is literally ( without wresting ) contained . thirdly , they positively hint , our dissatisfaction was taken at them for presenting theirs to the parliament ; which is also as false as the former : 〈◊〉 . our dissatisfaction was above a month before declared in their open councel by my self , &c. as sir hardresse waller and divers others of them 〈◊〉 but justifie . . our dissatisfaction was long before taken , upon the grounds by me before specified : the manifestations of which dissatisfaction i presented to the generals own hands the of december , acco●●●●● and subscribed with my own name , and fifteen more of my co●●●es , i● behalf of our selves , and all our friends that sent us , which we also ●●●●●ately caused to be printed . and their agreement , as th●●itle of it decl●●● ▪ was not presented till the of jan. after . fourthly , they say , vve used all possible means to make ours passe ; 〈…〉 how little successe , they say , is very well known . if they mean , we used all p●ssible means to make ours passe with them , it 's true ; but the reason i● 〈…〉 better effect , was because they had no minde to it , it was too ho●●ct for 〈◊〉 : and i am sure , in the very epistle to it , it is declarared , that the 〈◊〉 reason of the printing of it , is , that the people might have ●● opport●●ity 〈…〉 the equitie of it , and offer their reasons against any thing therein 〈…〉 . and 〈◊〉 was all the means , after the printing of it , we used to make it passe . a●●●e , we knew the armies swords were longer then ours , and would by force ●● in pieces all our endeavours that we should use against their minds and 〈◊〉 , by reason of the peoples cowardlinesse ; and therefore we let ours rest , and were willing to sit still to see them perfect theirs , and never did any thing in it since amongst the people to make it passe , that i know of . fifthly , they say , vve were troubled at their doing their d●ty , in 〈◊〉 to authority , and ow●ing the parliament a● the supr●m● authoritie of the 〈◊〉 : when as alas , it is as visible as the sun when it shines in its glory and splendour , that corah , dathan and abiram of old were never such rebels against authoritie as the general and his councel are , 〈…〉 anabapt●●●s at m●ns●er with john of leydon and neperdullion were never more conte●●●ers of authority ; nor jack straw , nor wat tiler , nor all those faomous men mentioned with a black pen in our histories , and called rebels and trayt●rs , can never be put in any seale of equ●ll balance , for all manner of rebellions and treasons 〈◊〉 all sorts and kindes of magistracy , with the generall and his councell : and i will under take the t●●k upon my life , to make good every particular of this i 〈◊〉 say , to the g●●●●l's face . for did any , or all of them 〈◊〉 mentioned , 〈…〉 against their advancers , promotors and c●eators , as those have done two severall times ? did ever any , or all of them chop off ( without all 〈◊〉 of law ) a king's and nobles heads ? r●vish and 〈◊〉 a parliament twice ? nay , raze the foundation of a parliament to the ground ? and under the notion of performing a trust , break all oathes , co●●●●nts , protestations and declarations , ( and make evidently void all the declared ends of the war ) which was one of strafford's principal treasons , and which is notably aggravated against him by m. pym in his fore-mentioned speech against him ? pag. . . and under pretence of preserving their laws , liberties , and freedoms , destroy , annihil●te , and tread under their feet all their laws , liberties , freedoms and properties ( although they could cite against s●r●●ord the precedent of tri●●lian chief justice , who lost his life for delivering of opinions for the subversion of the law , as s. john's argument of law against him , pag. last but one declares ; yea , and against the ship-money judges , and also the precedent of judg belknap in king richard the second's time , who was by the parliament banished for but subscribing an opinion against law , though forc'd by a dagger held to his brest , thereto ; yea , and ci●e also the preced●nt against him , which was against justice thorp in edward the third's time , who was by the parliament condemned to death for bribery : the reason of which judgment , they say , was , because he had broken the kings oath , that solemn and great obligation ( as mr. pym ibid. calls it ) which is the security of the whole kingdom . ) all which forementioned , either with pen or tongue by dispute , i wil particularly maintain and make good upon my life , publickly , before the face of the kingdom , against the stoutest and ablest of their champions in all their pretended churches of god , either independent or an●baptistical ; and that they are altogether unsavoury salt , good for nothing but to be abominated , and thrown out to the dunghil , as fit for nothing but the indignation of god , and the peoples wrath . and as for their stiling this their own j●●to the supreme authoritie ; i know the time not long since , when that stile to be given to the house of commons single , was accounted an abominable wickednesse in the eye of the chiefest of them : yea , i also know the time , and am able sufficiently to justifie and prove it , that they were absolutely resolved and determined to pull up this their own parliament by the roots , and not so much as to leave a shadow of it ( frequently then calling it a mock-power , and a mock-parliament : ) yea , and had done it , if we , and some in the house of our then friends , had not been the principall instruments to hinder them ; we judging it then , of two evils the least , to chuse rather to be governed by the shadow of a parliament , till we could get a reall and true one ( which with the greatest protestations in the world they then promised and engaged with all their might speedily to effect ) then simply , solely and onely by the wil● of sword-men , whom we had already found to be men of no very tender consciences : but to me it is no wonder , that they own this for the supreme power , seeing they have totally in law , reason and justice broke the parliament , and absolutely , by the hands of tho. pride , set up indeed a mock-power , and a mock-parliament , by p●rgi●g 〈◊〉 all those 〈◊〉 they 〈…〉 way jeolous of , would not vote as they would have them , and suffering and 〈◊〉 none to sit but ( for the major part of the● ) a company of absolute school boys , the will , like good boyes , say their lessons after , them their lords and masters , and 〈◊〉 they would have them ; and so be a screen ( as yong h. vane used to call the king ) betwixt them and the p●ople , with the name of parliament , and the 〈◊〉 and imperfect image of legal and just authority , to pick their pockets for the● by assessments and l●x●●ions ; and by their arbitrary and tyrannicall courts 〈◊〉 committees , ( the best of which is now ●ecome a perfect star chamber , high-commission and councel board ) 〈◊〉 them their perfect slaves and 〈◊〉 their constant and co●tinuall breaking and abasing of their spirits ; a thing so much complained of against the e●rl of strafford , by the late parliament 〈◊〉 his tryal , especially in m. pym's notable speech against him , pag. as it is printed , at ●he lat●r end o● a book called speeches and passages : where speaking against oppression , and the exercise of a tyrannicall and arbitrary pow●● , ( the earl of st●afford , sins , which now are become more the great mens of the army ) ●e saith , it is inconfistent with the peace , the wealth , the prosperity of a nation , it is destructive to justice , the mother of peace ; to inductry , the spring of wealth ; ●● valour , which is the active vertue whereby the prosperity of a nation can 〈◊〉 be procured , confirmed , and inlarged . it is not only ape to take away peace , and so intangle the nation with wars ; 〈◊〉 doth corrupt peace , and puts such amalignitie into it , as produceth the effects of war , as he there instanceth in the earl of straffords government . and as for industry and valour , who will take pains for that ( saith he ) which when he 〈◊〉 gotten , is not his own ? or who will fight for that wherein he hath no other int●●est , but such as is subject to the will of another ? the ancient incouragement to 〈◊〉 that were to defend their countries was this , that they were to hazard their persons , pro aris & socis , for their religion , and for their houses ; but by this arbitrary way , which was practised ( by the earl ) in ireland and counselled here ; ●● man had any certainty , either of religion , or of his house , or any thing else to be his own : but besides this , such arbitrary courses have an ill operation upon the courage of a nation , by imbasing the hearts of the people ; a servile condition doth for the most part beget in men a slavish temper and disposition . those that live so much under the whip and the pill●ry , and such servile engines , as were frequently used by the earl of strafford , they may have the dregs of valour , sullenness , and stubbornness , which may make them prone to mutinies and discontents ; but th●se nobie and gallant affections which put men on ●rave designes and attempts for the preservation or inlargement of a kingdom , they are hardly capable of : shall it be treason to embase the kings coin , though but a piece of twelve-pence or six-pence ; and must it ●● needs be the effect of a greater ●reason , to embase the spirits of his subjects , and to set a stamp and character of servitude upon them , when by it they shall be disabled to doe any thing for the service of the king or common wealth ? o most excellent and transcendent saying ! worthy to be writ in a ●able of gold in every englishmans house . but sir , i say , no wonder , all the things foregoing rightly 〈◊〉 〈◊〉 ●● own you ( now as thom●● pride hath made you ) for the 〈…〉 of the nation , although before they would neither submit to the kings not the parliament , when it was a thousand times more unquestionably 〈◊〉 law and reason , then now you are ; but fought against both king and parliament , their setters up , conquered them , repelled them , subdued them , and broke them both ; and so pull'd up by the roots all the legall and visible magistracy and authority in the nation , and thereby left none but themselves , who stand in parallell to none ( as they have manage ● their businesse ) but to a company of murderers , theeves and robbers , who may justly be dispossessed by the first force that are able to do it ( as mr. py● undenyably and fully proves in the foresaid speech pag. . . . ) no pretended authority that they of themselves and by their swords can set up , having in the sight of god or man , either in law or reason , any more just authority in them , then so many argier pirats and robbers upon the sea have . and so much in answer at present to the forementioned part of the generals declaration . but now to return back , after this necessary digression , to my own s●●●y of going down into the north , where &c. i received of my l. allotted me , for my hard suffered for , deer purchased , and long expected reparations , l. of sir arthur hasterig , for sequestred coles and iron , of mr. bowes's , and got besides betwixt and l. in rents , free-quarter and taxes having eat out the bowels , soul and life of them , being served in the wood allotted me , ( the principall thing in my e●e , by old sir henry van● my old blo●dy enemy ) as is in part declared before in page and . who hath treason and crimes enough upon him , not onely to throw him out of the house , if it were any , but also to send him to a sca●●old or gallows , as is very notably declared in print in england's birth right , pag. . . . in which pages you may read his charge of high treason exhibited against him to the earl of ess●x in anno . by severall gentlemen of the county of darham ; for his trayterous betraying their country ( and so consequently all the north ) to the earl of newcastle ; for which &c. ●e better deserved in law , equiry and reason to lose his head , then either h●mbleton , or stout capel did for theirs , they having betrayed no trust ( but had the letter of the law of england &c , to j●stifie them in what they did ) as ●e most palpably hath done . and as for his breaking up the little parliament , his star chamber wickednesse , and his desperate gun-powder monopoly , with his and his so●● sir geo●ge vane's late jugglings in the county of durham ▪ i have pretty well anatomised in my book called the resolved mans resolution , page . . . . . . his very having a hand in the gunpowder monopoly alone being sufficient long since to throw him out of your house , as being uncapable to be ● member therein , as cleerly appears by your votes and orders of the . and of nov. . one of which , as it is printed in the foresaid speech●● and passages , pag. . thus followeth : it is ordered upon the question , that all projectors and monopolizers whatsoever ; or that have had any share in any monopolies , or that ●●receive , or 〈…〉 receives any benefit by any monopolies or patent , or that have procured any warrant or command for the restrain● or molesting of any that have refused 〈…〉 themselves ●● any proclamation or project , are disabled by order of this house , to be ● member thereof , and shall be dealt with as a stranger , that hath no power to sit there . in the compas●e of which order is ●oth sir henry mil●●ore and law●●● vvhittaker , and ought in justice , for their no●orious monopolising , to be both long since thrown out of the house . but again to return : after i had done as much in the north as i could ●● present do about my own busines●e , i came again to london , where i fixed up my resolution wholly to devote my self to provide for the future well-being of my wife and children , and not without the extraordinariest necessity engage in any publick contests again , making it my work to enquire into the true estate of things with the great men that s●t at the ●elm , and whether the bent of their spirits now after they had taken off the king , was to set the nation free from ty●anny , as well as from some they called principal tyrants ; and whether or no the drift of all their actions were but a meer changing of persons , but not of things or tyranny it self : and truly my observations and inquiries brought me in so little satisfaction in the visible intention of the ruling men , for all their many solemn ingagements to the contrary , th● i looked cleerly at the whole tendency of their wayes , to drive at a greater tyranny then ever , in the worst of the kings reign , ( before the parliament ) was exercised : at which i bit my lip , but said little , and went to no meeting ; which made many of my old faithfull friends be jealous of me , some of whom gave out some private hints , that i had now served my self by my pretended rep●rations , and i was thereby quieted , and was become like all the rest of the world , and so there was an end of me . but i confesse , i was in a kinde of deep muse with my self , what to do with my self ; being like an old weather-beaten ship , that would fain be in some harbour of ease and rest , and my thoughts were very much bent of going into holland , where i conjectured i should be out of harms way , and get a little repose . and while i was thus musing , i heard from thence of a most transcendent ●eight and rage that the kings party there were in , especially about the beheading the late king ; so that i judged there was no safety for me there , especially when i called to minde what the post-master of b●rrow-brigs and others in york-shire told me as i came up from newcastle , which was , that the c●●liers in those parts were most desperate mad at me in particular , about the beheading of the late king : although i were as far as newcastle when it was done , and refused to give my consent to be one of his judges , although i was solicited so to be before i went out of london ; yea , although i ●●●●edly declared my self at windsor against the manner and time of their intended dealing with him ; arguing there very stifly , that upon their own principles , which led them to look upon all legall authority in england ●● now broken , they could be no better then murderers in taking away the king● life though never so guilty of the crimes they charged upon him : for as justice ought to be done , especially for bloud , which they then principally charged upon him ; so said i , and still say , it ought to be 〈◊〉 justly : 〈◊〉 in case another man murder me , and a day , a week , or a yeer after my brother or friend that is no legall magistrate , execuces him ▪ therefore , yet this is ●●●der in the eye of the law , because it was done by a hand had no authority to do it . and therefore i pressed again and again , seeing themselves confess'd all legal authority in england was broke , that they would stay his tryall till a new and equal free representative upon the agreement of the well-assected people , that had not fought against their liberties , rights and freedoms , could be chosen and sit , and then either try him thereby , or else by their judges sitting in the court called kings bench. but they at windsor ask'd me how by law i could have him tryed : i told them , the law of england expresly saith , whosoever ●●rders or kils another shall die ; it doth not say , excepting the king , queen , or prince , &c. but indefinitely , whosoever murders shall ●e ; and therefore where none is excepted , there all men are included in law : but the king is a man : ergo , he is included as well as i. unto which it was objected , that it would hardly be proved , that the king with his own hands kill'd a man : to which i answered , by the law of england , ●e that counsels or commissionates others to kill a man or men , is as guilty of the fact , as he or they that do it : and besides , the advantage of ●rying of the king by the rules of the law , would be sufficient to declare , that no man is born ( or justly can be made ) lawlesse , but that even magistrates as well as people are subject to the penall part of the law , as well as the directive part : and besides , to try him in an extraordinary way , that hath no reall footsteps nor paths in our law , would be a thing of extraordinary ill precedent ; for why not twenty upon pretended extraordinary cases , as wel as one ? and why not a thousand as wel as twenty ▪ and extraordinary cases are easily made and pretended by those that are uppermost , though never so unjust in themselves . and besides , to try him in an extraordinary way , when the law hath provided all the essentials of justice in an ordinary way , ( and meerly wants nothing ( if it do want ) but twelve kings as his peer● or equals ) will nourish and increase in men that erroneous conce●● , that mag●●●rates by the law of god , nature , and reason , are not , no nor ought not to be subject to the penal part of the laws of men , as well as the directive part of it , which is the bane , ruine and destruction of all the common-wealths in the world . i say , the confideration of the things fore-mentioned put me off the thought● of going to holland my self : and then i put the query to my self , what course i should ( being now a free man ) take for my livelihood : for if i and my family lived upon the main stock , which was not very much , ( now that i had paid almost all my debts ) that would soon waste and be gone ; and to take a place for my future livelihood , as i have been offered often , and that ●● considerable one ; that i could not do , for these reasons : first , because i was not satisfied in the present power or authority to act under them ; and so if i should , i should be a supporter of so unj●st and illegal a fabrick as i judged an everlasting parliament ( p●rged twice by force of arms by the hands of their meer mercenary servants ) to be ; who were principally raised , bired and paid to kil those they esteemed and judged bears , wolves , 〈◊〉 and p●●kass : that took up arms against the true , chast and legally co●●●●tu●ed representative of the nation , being not in the least bir●● or raised to be the masters of their masters , or the lawgivers to the legal law ▪ ●●kers of the nation in case of necessity . and that an everlasting parliamnet is dostructive to the very life and soul of the liberties of this nation , i 〈◊〉 prove ; first by law , and secondly by reason . and first by law : the law books do shew , that a parliament ( which in its own institution is excellent good physick , but never was intended , no● safely can be used for diet , because it is so unlimited and arbitrary ) was called and held somtimes twice a yeer before the conquest , as is declared by lambert , in his collection of laws before the conquest , amongst the laws of edgar , chap. ● . and by sir edward cook ▪ in his margent in the ninth page of his par . inst●● . in the cha●t . of high court of parliament : which with other of the liberties of england being by force of arms subdued by the bastard norman conquetor , although he three severall times took his oath after his being owned for king , to maintain their laws and liberties , as being not able , nor judging his conquest so good , just and secure a plea to hold his new got crown by , as an after mutuall compact with the people , or their representatives over whom he was to rule : and therefore , as co●k in the foresaid chapt. pag. . declares , a parliament , o● a kinde of one , was held in his time . see also edw. fol . and part . institut . lib. . chap. . sect. . fol. . a. and came to be more frequently used in his successors time ; yea , even to be 〈◊〉 in two years in edward the first or second's time ; at which notwithstanding the people grumbled , as being an abridgment of their ancient and undoubted libertie , to meet more frequently in their national and publick assemblies , to treat and conclude of things for their weal and better being ; the want of which , of ancient time lost this island to the romans , as co●k declares , part . 〈◊〉 . fol. . out of ta●itus in the life of agricola , pag. . whereupon it was ●nacted in full parliament in edw. the thirds time , that the king ( who is their officer of trust ) should assemble and call them together once every yeer , or more often if need require ; as appears by the statute of edw. . . but because this was not constantly used by that king , but there sometimes was intervals of three or four yeers betwixt parliament and parliament , which was a diminution of the soul and life of all their liberties , viz frequent and often 〈◊〉 parliaments ; therefore in the yeer of his reign annuall parliaments are provided for again , and also the causes of their assembling declared in these very words : item , for maintenance of the said articles and statutes , and redresse of divers mischiefs and grievances which daily happen , a parliament shall be holden every yeer , as another time was ordained by a statute of . edw. . chap. . but king charles exceedingly breaking his trust , in the frequent calling of parliaments , and dissolving them at his pleasure , when they came to treat of any thing that he liked not , and so made them uselesse to the nation ; both which was against his trust , as you notably declare in your declaration of novemb. . . part book decl. pag. , . and of which you most bitterly complain in your first remonstrance , part book decl. pag. . . . and in pag. . ibidem you declare , that his destroying of these two grand fr●●d●ms of the people , viz. frequent , successive parliaments , and free d●●a●es therein , bad corrupted and distempered the whole frame and government of the king●●● , and brought in nothing but wayes of destruction and tyranny . for the preventing of which for the future , you got an act to passe in the s●xte●●th yeer of the late king , and the first yeer of this long-winded parliament , to 〈…〉 of the two forementioned acts for an annuall parliament : and further there say thus : and whereas it is by experience found , that the not holding of parliaments according to the two forementioned acts , hath produced sundry and great mischiefs and inconveniences to the kings majesty , the church and common-wealth ; for the prevention of the like mischiefs and inconveniences in time to come , be it enacted by the kings most excellent majesty , with the consent of the lords spirituall and temporall . and the commons in this present parliament assembled , that the said [ last forementioned ] laws and statutes be from henceforth duely kept and observed . and you there go on and enact , that in case the king perform not this part of his trust in calling annuall parliaments , that then a trienniall one shall be called by the lord keeper , &c. whether the king will or no. and there being no provision in this act , but that the king might break up this parliament at his pleasure , as before he used to do , and so dis-inable you to discharge your trust and duty to the people , in providing fit remedies for those many grievances then extraordinarily spread over the whole nation , that the long intermission of parliaments had occasioned ; you therefore presse the king to grant an act , that the two houses might not be dissolved but by your own consents ; which the king condescended unto the rather , because the scotch army was then in the kingdom , which he longed to be rid of , and which you pretended you could not pay without such an act ; these being the true declared and intended causes of it , both in king and parliament : there being not one word in the act that authoriseth the two houses to be a constant and perpetuall parliament , which was never so much as intended nor pretended ; and which if in the act it had been absolutely declared , it had been a void and a null act in it self , as being both against the nature of the kings trust and yours : which ( as in your book of decl. part . pag. . you declare ) is , to provide for the peoples weal , but not for their woe ; for their better being , but not for their worse being . for , your interest and the kings both being interests of trust , as your declarations do plentifully and plainly declare , part book decl. pag. . . . . but especially your present junto's late declaration , against the late beheaded king , and kingly government of the of march . pag. . . . . compared with . . . and all interests of trust whatsoever are for the use of others , and cannot , nor ought not to be imployed to their own particular , nor to any other use , saving that onely for which they are intended , according to the condition and true intent thereof , part book dec. pag. . . . and your trust is onely for the good of the nation ; which is the principall , or onely end of all government in the nation ; as you confesse in your foresaid declaration of march , pag. . and in part book decl. pag. . . and therefore , if you had put the king upon such an act as the establishing of a perpetuall parliament , you had thereby destroyed frequent , successive and annually chosen parliaments ; for which you had been t●aytors in the highest nature to your trust , in destroying the very pillars , life , marrow and soul of all the peoples liberties , for the presentation of which they chose you , and which would shortly bring in ( as is too evident ●● this day ) greater disorders , confusions , and tyrannies then ever were in all the kings reign before ; and so wholly and fully make your selves guilty of that which he was but in part ( viz. the establishing of a perfect tyranny by law ) an everlasting parliament being ten thousand times worse then no parliament at all ; for no such slavery under the cope of heaven , as that which is brought upon the people by pretence of law , and their own vol●●tary 〈◊〉 ; and no greater treason can there be in the world committed , then for ●● i●teressed power to keep their commission longer then by the letter , equitie or intention of their commissions their masters really intended they should ; especially when it is kept by force of arms , to the masters hurt , and the danger of his total destruction , for the meer advancement of their servants and their associates : all which is the case of your pretended parliament , whereof you are now speaker , and that you were never intended to sit so long as you have done , nor to be everlasting . i shall here recite the act it self ●●●batim , the onely and alone pretence of a commission you have , and then take it in pieces by paraphrasing upon it . the act it self thus followeth : anno xvii caroli regis . an act to prevent inconveniences which may happen by the untimely adjourning , proroguing , or dissolving of this present parliament . whereas great summs of money must of necessity be speedily advanced and provided for the relief of his majestie 's army and people in the northern parts of this realm , and for the preventing the imminent danger this kingdom is in , and for supply of other his majesties present and urgent occasions , which cannot be so timely effected as is requisite , without credit for raising the said moneys ; which credit cannot be obtained , until such obstacles be first removed as are occasioned by fears , jealousies , and apprehensions of divers of his majesties loyall subjects , that this present parliament may be adjourned , prorogued , or dissolved before justice shall be duly executed upon delinquents , publick grievances redressed , a firm peace betwixt the two nations of england and scotland concluded , and before sufficient provision be made for the repayment of the said moneys so to be raised : all which the co●●●●● in this present parliament assembled having duly considered , do therefore humbly beseech your most excellent majesty , that it may be declared and enacted , and be it declared and enacted by the king our soveraig● lord , with the assent of the lords and commons in this present parliament assembled , and by the authority of the same , that this present parliament now assembled , shall not be dissolved , unlesse it be by act of parliament to be passed for that purpose ; nor shall be at any time or times during the continuance thereof , pr●rogued or adjourned , unlesse it be by act of parliament to be likewise passed for that purpose : and that the house of peers shall not at any time or times during this present parliament , be adjourned , unlesse it be by themselves , or by their own order : and in like manner , that the house of commons shall not at any time or times during this present parliament , be adjourned , unlesse it be by themselves , or by their own order ; and that all and every thing or things whatsoever done or to be done , for the adjournment , proroguing , or dissolving of this present parliament contrary to this present act , shall be utterly void , and of none effect . the true intent and meaning of this act in the framers , makers , and contrivers of it , was meerly to secure their sitting for some reasonable time , that so they might be able to apply fit plasters to the great sores of the nation , and not be broken up suddenly , before they had applyed them to the so●es , and laid them on ; and their fear was , the king would , as he used to do , dissolve them suddenly ; security from which was their onely end in procuring this act , and not in the least to make this a perpe●uall parliament ; which i demonstrate thus : first , a perpetual parliament is repugn●nt to the act made this parliament for a triennial parliament ( which in your declarations is so highly extolled after the making of both the acts ▪ ) for how can every three yeers a parliament be begun , if this be perpetuall ? which by the act may be so , if the two houses please . but in all the act there is not one word of the an●i●ilating or repealing of the act for a t●ienn●all parliament ; which , if it had been intended , it would have mentioned , and not left such a businesse of consequence in any doubtfulnesse whatsoever : and the not mentioning of it , is a cleer declaration to all the readers of it , that their designe solely in the last act ▪ was onely to secure themselves from the kings sudden and quick dissolving them at his wil and pleasure . and therefore , secondly , in law , according to the constitution of ou● parliaments , an adjournment of the parliament makes no session ; howbeit , before the adjournment the king gives his affent to some bi●s ; as is plain out of cook● ▪ instit . chap. high court of parliament , fol. . authorised to be printed by th● late parliament , in its purest purity for good law. thirdly , in law there is no session in a pr●●●gation or 〈…〉 the parliament ; they are the words of cook himself , fol. . ibid. fourthly , this parliament , as appears by the act for not dissolving 〈◊〉 of , before mentioned , cannot be prorogued by the king , but by act of parliament : but there hath been as yet no act of parliament in that behalf ▪ and therefore all the acts of this parliament are in law acts of one session , 〈◊〉 pears by plo●d com. . h. . b ● . relation ● . 〈◊〉 . parl. ● . di●● . 〈◊〉 . ● . fifthly , in law , all acts of one session , relate to the first day of the parliament , and all the acts of such a parliament are act ▪ of one day ; so the 〈◊〉 for the triennial , and the act for this perpetual parliament , are two acts of one day , by the law. sixthly , the edw. . chap. . & . edw . chap. . forementioned , 〈◊〉 cla●es that a parliament ought to be holden once every year , and mo●● 〈◊〉 need be , those very acts are every clause of them confirmed this parliament , which also provides , that in case the king break those laws , and do not annually call parliaments , as is before declared , that then the lord keeper , whether he will or no , shall call a triennial one . now i would fain know of any ●●●ional man , how an everlasting parliament doth agree with a parliament 〈◊〉 yeer , o● oftner if need require , or with the intention of those laws ? and 〈◊〉 doth a parliament every three years ( provided for as sure as its possible for law to provide , ( in case the king annually should not cal one ) agree with a parliament for ever , which may be by the letter of the perpetual act , 〈◊〉 the two houses please ? the conclusion of all is this , that at one day in law , the late parliament passed two acts , ( for , howbeit the one was in the of the king , and the other in the year of the king : yet both in law are acts of one 〈◊〉 the one saith , the king shall call a parliament once a year , after the sitting of this parliament , and in case he doth not , the lord keeper , &c. shall 〈◊〉 parliament three years after the sitting of this parliament . the other 〈◊〉 in the letter , or litterall construction of it , saith , this parliament shall 〈…〉 ever if the two houses please . the one will have a parliament with an 〈◊〉 the other a parliament without an end : now the question is , which of these two was the true intent and meaning of the makers of this act : for as l●●●ned cook rationally and well observes in his excellent exposition of the eli● chap. . . part . institut . fol . ( which act established the power of the high-commission , that by colour of this statute did many 〈…〉 illegall things ) such an interpretation of ambiguous and doubtfull things is 〈…〉 be made , that absurdities and inconventences may be avoyded ; but the highest ●●●●dities and inconveniences in the world would follow , if this last s●ar●●● 〈◊〉 be taken according to the literall construction of it , and not according to the equity and true intent and meaning of the makers of it , which was not to 〈◊〉 this everlasting if they pleased , and so totally to destroy annuall parliament , or in the kings default of calling them , then trienniall parliaments whether he would or no , but only to secure them from the kings sudden bre●●●● them up at his pleasure : that so they might sit some reasonable short 〈…〉 dispatch the great business of the nation ; and that reasonable time 〈◊〉 by any words ( or the true meaning of any ) in either of the statutes , 〈…〉 〈◊〉 to be above 〈◊〉 at most , especially from the 〈◊〉 of the 〈…〉 ( in the right and true meaning ) notwithstanding the last act , were y●● 〈◊〉 in force to binde the king to call annuall parliaments ; but two parliaments by law cannot sit together : but without two parliaments should sit together , ( viz. an everlasting one , and an an●●●ll one , which is our right by law ) 〈…〉 enjoy the benefit of those good and excellent laws , for annuall parliaments or oftner if need require . and therefore to take the utmost extent of the length of that time , the two houses were enabled to sit by vertue of the force and power of the last act , it could not be above a year at most , from the day of the date of it , and yet they have sate almost eight since , by vertue and colour of that alone , and of nothing else in law , having no other visible commission under the sun , to authorise them to destroy our undoubted naturall and legal rights , of having often and frequent successive parliaments totally new , which they have done by their long and unwarrantable sitting , principally to enrich the most of themselves , and enslave our spirits . and that an everlasting parliament was never intended by that act , i think their own words printed in december , . which was immediately after the passing that act , will easily decide the controversie . and in their or your first remonstrance of the state of the kingdom , after excusing of your selves from any invasion of the rights of the crowne , part. book declar. pag. ● , . there is these very expression , viz. the trienniall parliament , for the matter of it , doth not extend to so much as by law we ought to have required , there being two statutes still in force , for a parliament to be once a year : and for the manner of it , ( viz. the tryenniall parliament ) it is in the kings power , that it shall never take effect , 〈…〉 by a timely summons shall prevent any other way of assembling . in the 〈◊〉 for continuance of this present parliament , there seems to be 〈…〉 of reall power in dissolving of parliaments , not to take it out of the crown , but to suspend the execution of it for this time and occasion only , which was not necessary for the kings own security , and the publique peace that 〈◊〉 it we could not have undertaken any of these great charges , two must have left both the armies to disorder and confusion , and the whole kingdom to 〈◊〉 and ●apine . which words are a 〈◊〉 and 〈…〉 , that the 〈◊〉 of the makers of the fore●●id act was never to make this a perpetuall parliament , but onely for 〈…〉 the king 's sudden breaking them up when he pleased ; whose 〈…〉 from by this act : which thing onely is and was the clear meaning of the makers of it . and that the generall words of a law , or the literal sense of 〈…〉 ●●ld forth absurdities , and inconveniences , and visible mischiefs , a●● 〈◊〉 by interpreted and controuled by the intent of them that made it , is clear , from their own oracle sir edw. cook ▪ who in his exposition of the 〈…〉 of eliz. chapt . . in his part 〈…〉 : n●w that divers and many other acts of parliament ( besides this of eliz. ) which are generall in words , have , upon consideration of the mischief , and all the parts of the act , ( for the avoyding of the 〈…〉 absurdity that might follow ) received a particular interpretation , is 〈…〉 ●●●ks in cases of far lesse inconvenience and absurdity . plo. com. in stowels case fol. . the preamble is to be 〈…〉 it is the key to open the meaning of the makers of the act , and mischief 〈…〉 intend to remedy . the judges of the law have ever in such sor● 〈◊〉 the intents of the meaning of the makers of such acts of parliament , as they 〈◊〉 ●●pounded acts g●nerall in words to be particular , where the intent 〈◊〉 been 〈◊〉 ( which are the words of the book ) and therefore upon that rule i● is there adjudged , that where the statute of . edw. . i● generall , if any receiver or minister accovntant &c , receive o● any person any svm of money for payment o● any fees , &c. he shall forfeit vis . viii d. for every penny . that this do not extend , according to the generality of the words , to the receiver of common persons , because these words subsequent be added ( otherwise 〈◊〉 be lawfully may by former laws and statutes . ) now the judges restr●ined the generality to a particular , to the kings receiver onely ; for that no law ●●●●tute was formerly made concerning common persons receivers , &c. but i● the case in question , as well the precedent clause of restitution , as the 〈…〉 expressing offences in particular , and the words in the same generall sentence , viz. vnder your highnesse , &c. and principally the cause of the 〈◊〉 of this act do qualifie the generality of the words . and yet notwithstanding ●● was resolved by all the court in the said case of stradling , fol. ● ● . 〈…〉 receiver of common persons were within the words of the said 〈…〉 it is said , that if a man consider in what point the mischief was before the 〈◊〉 and what thing the parliament meant to redresse by this , be shall 〈…〉 intent of the makers of the act , was to punish onely the ministers of the king 〈◊〉 a little after the judges say , that the stile of this act is , an act for 〈◊〉 true answer of the kings revenues . and by this 〈◊〉 intent of the makers of the act is to be collected ; and these be the words of the 〈◊〉 which is a far stronger case , then the case in question . ed. . fol. . & . every statute ought to be expounded according 〈◊〉 intent of them that made it , where the words thereof are doubtfull and 〈◊〉 , and according to the rehearsall of the statute ; and there a generall stat●●● 〈◊〉 strued particularly , upon consideration had of the cause of making of the act , 〈◊〉 the rehearsall of all the parts of the act. to conclude this point with a generall r●le allowed by all laws 〈◊〉 ●●struction of statutes , viz. although the law speak in generall terms , 〈…〉 ●o be bound up or accepted , that where reason ceas●th , th●●● th● law ceaseth : for , seeing reason is the very life and spirit of the 〈◊〉 it self , the law giver is not to be esteemed to respect th●● which 〈…〉 reason ; although the generality of the words at the first sight , or after the 〈…〉 otherwise . mark , i intreat you , these last words well , for they are 〈◊〉 and full . and much more i● there to this purpose : for he is 〈…〉 said statute of eliz. . and that this equitable and intentionall 〈◊〉 of expounding laws in dubious eases , or where absurdities or mischiefs do depend upon the taking of it in the litteral sens● , is justifi●ble , legall and good , is unquestinably demonstrated out of your own part book dec. pag ● . 〈◊〉 these very weeds , viz. that there is in the laws an equitable and literall sense . his majestie ( ●et it he granted ) ●● intrusted by law with the militia ; but 't is for the good and preservation of the republique , against forraign invasions and domestick rebellions : for it cannot be supposed that the parliament would ever by law intrust the militia against themselves , or the common-wealth that intrusts them to provide for their weale , not for their woe . so 〈◊〉 , when there is certain appearance , or grounded suspicion , that the letter of the law shall be improved against the equity of it , ( that is , the publick good , whether of the body reall , or representative ) then the commander going against its equity , gives liberty to the commanded to refuse obedience to the letter : for the law taken abstract from its originall reason and end , i● made a shell without a kernell , a shadow without a substance , and a body without a soul : ●t is the execution of laws according to their equity and reason , which ( as i may say ) is the spirit that giveth life to authority , the letter kils . nor need this equity be expressed in the law , being so naturally implyed and supposed in all laws that are not meerly imperiall , from that analogie which all bodies politick hold with the naturall , whence all government and governours borrow a propo●●ionall respect . and therefore when the militia of an army is committed to the generall , it is not with any express condition , that he shall not turn the ●outhes of his canons against his own souldiers ; for that is so naturally and necessarily implyed , that its needlesse to be expressed ; insomuch a● if be did attempt or command such a thing , against the nature of his trust and place , it did 〈◊〉 facto estate the army in a right of disobedience , except we think that obedience binds 〈◊〉 to cut their own throats , or at least their companions . yea , the very title of the act in hand literally declares , it was never intended to be perpetuall ; no , nor to extend to so long a time as to be mi●chievous to the common-wealth , by subduing the soul of all our liberties , frequent 〈…〉 parliaments ▪ 〈◊〉 wholly and 〈…〉 ; for it is called , an act●o prevent inconvenientes which may happen by the 〈◊〉 adjour●i●g , 〈◊〉 or d●sso●●ing of this present parliament . mark● the words well , and it puts all out of dispute , that th●● act was ●at meerly done to tie the kings hands for a certain reasonable time , that so it should not be dissolved u●timely : and the title declares , it was made to avoid inconveniences , and therefore 〈◊〉 to beget and increase them ; which it must needs do as is already fully proved , if it 〈◊〉 frequent , successive , 〈◊〉 parliaments . but yet once again more fuller ; reason and nature it self sai●● , yea and the law of england saith , that when 〈◊〉 act of parliament is against 〈◊〉 right , or reason , or 〈◊〉 , or impossible to be performed or kept , the common law shall 〈◊〉 it , and adjudge this act to be void : they are the words of the law , pars dr. bo●●am's case , fol. . & . ed. . fol. . . . e. cess●vil ● . & . h. g. 〈◊〉 , & eliz. dier . & part cooks institutes lib. . chap. . ● . . fol. . . an act of parliament that a man shall be a judge in his own case , is a void act in law , hubbert fol. . and the ● part cooks reports in dr. bo●hams case . see the army book declarat . pag. . ● . . . . first therefore let us begin with common right ; and we shall easily see this perpetuall act is against that . for it is against common right , that indebted men ( as most , if not all parliament men ar● ) should not pay their debts . or that , if any member of ●●●liament do any of the people of england w●ong ( as daily they do ) by unjust and 〈◊〉 r●●●ble 〈◊〉 of him o● them of hi● la●d , or disp●ssessing him of his goods , 〈…〉 of his fame , or doing violence to his person by beating , wounding , or imprisoning , &c. that 〈◊〉 sons , during their lives , by a priviledge of parliament ( that was intentionally 〈◊〉 and just in its institution , when parliaments were often and short ) should be 〈◊〉 and s●●●red from all manner of question at the law , by any parties so wronged by them , is absolutely against common right . nay , and more , that this should extend 〈◊〉 ●●ltitudes of persons besides , that are their servants or attendants ; and also that any , o● all of these shall have the benefit of the law in any court of justice in england at their pleasure , against any man whom they shall pretend wrongs them , are such trans●●de●● and grievous enormities , that common right abhors ; and yet this , with a thousand 〈◊〉 as much more as bad as these , are the fruits of a perpetuall parliament , if they please ; which tends to the utter destruction of all mens actions , reall , personall , or mixt , who have ●o do with parliament men ; as appears expresly by the statute of limitations of the a● of james , chap. . which strictly confines all manner of suits to be commenced within 〈…〉 after the occasion given . secondly , for common reason : parliaments were ordained and instituted ( as is before truly and legally declared ) for remedies to redresse publick and capitall griev●●ces th●● 〈◊〉 where else could be redressed : but it is against reason ( and the very end of the institution of parliament ) that parliaments should make and create multitudes of publike and insufferable grievances ; the law of the land allowes no protection for any ma● i●ployed in the service of the kingdom , but for a yeer at most , as to be free from sui●s ; and in many suits none at all , howbeit he be in such services . but a perpetuall 〈◊〉 may prove a protection ( in all manner of wickednesse and misdea●●eanours 〈◊〉 against other men , not of the parliament , amongst any of whom they may pi●k and chuse whom they please , to ruinate and destroy ) and that no● for a yeer , but for ever ; which is against all manner of reason , or the shadow or likenesse of it . and therefore , a● 〈◊〉 sir henry vane said against episcopal government in the beginning of his larg● 〈◊〉 of the of june now in print , at a committee for passing the bill against ●●●●pall government , so say i of an everlasting , or of any parliament that shall do 〈◊〉 you have done , in largely sitting beyond the time of your commission ▪ &c. that 〈…〉 thing is destructive to the very end for which it should be , and was constituted to be ; 〈…〉 onely so , but does the quite contrary ( as your house in every particular doth ) cer●ai●ly , we have cause sufficient enough to lay it aside ; and not onely as uselesse , in that it 〈…〉 its end ; but is dangerous , in that it destroyes and contradicts its end . thirdly , for imp●ssibilitie : the death of th● king in law undisputably dissolves the parliament , spoken of in the foresaid act , which is pretended to be perpetu●ll ; for 〈◊〉 writ of summons , that is directed to the sheriffs , by vertue of which , parli●●●●● 〈◊〉 are chosen , runs in these words : king charles being to have conference and 〈…〉 , &c upon such a day , about or concerning ( as the words of the t●ie●●●ial act hath it ) the high and urgent affairs concerning his majestie ( and he writes us ) the state , and the 〈◊〉 of the kingdom and church of england . but i would fain know how it's possibl● for a parliament to confer or treat with king charles now he is dead : it 's impossible . se● h. . cook in . parl. . part . and therefore the whole current of the law of england ( yea , reason it self ) from the beginning to the end , is expresly , that the kings death doth ipso facto dissolve this parliament , though it had been all the time before 〈◊〉 so intire and unquestionable to that very hour ; and it must needs be so , he being in law , yea , and by the authority of this very parliament st●led , the head , the begi●●ing , and end of parli●ments : see co●ks part institutes fol. . . mr. py●●'s for 〈…〉 stra●●ord pag. . s. john's forementioned argument against strafford , pag. . and therefore as a parliament in l●w 〈◊〉 begin without the 〈…〉 in it , 〈◊〉 person 〈◊〉 representatives , cook ibid. so . . so it is pos●●ively 〈◊〉 by his 〈◊〉 ; 〈◊〉 thereby not only the true declared , but intended end of their assembling ( which 〈◊〉 〈◊〉 〈◊〉 and confer with king charles ) is ceased , and thereby a final ●nd is put 〈◊〉 the means that are appointed to attain unto that end : and therefore it is as 〈◊〉 for this parliament , or any parliament to continue as long as they please , a● for a parliament to make king charles alive again . fourthly , for repugnancy : that which is but for a time , cannot be affirmed to have continuance for ever [ it is repugnant : ] but this parliament in the intention of the makers of the act , was to be but for a time , not above a yeer at most , after the d●●e of the act ▪ as is before proved and declared from their own words ; and therefore it cannot be reputed perpetual , for there is a repugnancy betwixt them . again , the king's writ that summoned this parliament , is the basis in law , an● foundation of this parliament : if the foundation be destroyed , the parliament falls : but the foundation of it , in every circumstance thereof , is destroyed : and therefore the thing built upon that foundation must needs fall . it is both a maxim● in law and reason . but if it be objected , the law of necessity requires the continuance of the parliament against the letter of the law. i answer , first , it s necessrry to consider whether the men that would have it continue as long as they please , be not those that have created the necessities on purpose , that by the colour thereof they may make themselves great and potent ; and if so , then that objection hath no weight , nor by any rules of justice can they be allowed to gain this advantage by their own fault , as to make that a ground of their justification , which is a great part of their offence . and that it is true in it self , is so obviou● to every unbiased knowing eye , it needs no illustration : but if it shall be denyed by any of their pens , if god please to give further opportunity , i shall prove it to the full . secondly , i answer , there can no necessity be pretended that can be justifiable for breach of trusts that are conferred on purpose for the redresse of mischiefs and grievances , when the trust is perver●●d to the quite contrary end , to the increase of mischiefs and grievances , yea , to the subversion of laws and liberties . i am sure , mr. pym by their command and order , told the earl of strafford so , when he objected the like , and that he was the king's counsellor , and might not be questioned for any thing he advised according to his conscience . but ●aith mr. pym pag. . he that will have the priviledge of a counsell●●r , must keep within the just bounds of a counsellour . those matters are the p●oper subjects of counsel , which in their times and occasio●s may be good or beneficiall to the king or common-wealth . but such treasons a● th●se , the subversion of the laws , violation of liberties , they can never be good or justifiable by ●ny circumstance or occasion ; and therefore ( saith he ) his being a counsellour makes his fault much more 〈◊〉 , o● being committed against a greater trust . and in pag. . he answers another excuse of his , which was , that what he did he did with a good intention . it s true , saith mr pym , some m●●ers ●●●tfull and dangerous , may be accompanied with such circumstances , as may m●ke it appear usefull and convenient ; and in all such cases , good intention will justifie 〈◊〉 ●●unsell . but where the matters propounded are evill in their own nature , such a● the matters are with which the earl of strafford is charged viz. to break a publick faith , to sub●ert laws and government , they can never be justified by any intentions , h●● specious or good s●●ver they pretended . and that they have perverted the ends of their trust more then eve● str●●●ord did , i ●●●ll instance at present but in parti●●lars , the main 〈◊〉 of their 〈…〉 the people ●f their grievances ; and what their grievances were , 〈…〉 in the parliaments first re●●●strance of the st●te of the kingdom : first , destruction of 〈◊〉 trades by monopolize , &c. secondly , exhausting of their estates to maintain and promote pernitious designes to their destruction . thirdly , their essentiall liberties 〈◊〉 freedoms quite destroye● : where is the remedy now ▪ hath not the parliament contraty to that excellent law against monopolize , of the jame ▪ chap. . of 〈◊〉 erected monopolise by o●dinances , orders and votes , ( although in the first month of your sitting , you made orders to throw down monopolizers out of your house : ) as particularly , whale oyle , white sine , wyer , ty●n , with many others ; yea , a●d co●in●ing of the old mon●polies , merchants , companies that trade beyond se●● ; yea , and set up for 〈◊〉 that monopoly of all monopolies , the excise ; the bare endevouring of which ▪ they call●● unjust and pernitious attempt in the king in the fore-mentioned , declar. pag. . and then for exhausting of their estates , the king did it by a little shipmony and monopolies &c but since they begun they have raised and extorted more mony from the people and nation then halfe the kings from the conqueror ever did , as particularly , by excise . cont●tbu●ions . sequestrations of lands to an infinite , value . fifth p●ts . twenty parts . meal●n●ony sa●le of plundered goods . loanes . benevoknces . ● collections upon their sost dayes . new impositions or customes upon merchandse . 〈◊〉 maintained upon the charge of p●●●ate men . fifty sub●dies at one time . 〈◊〉 with delinquents to an infinit● value . sale of bishops land● . sale of d●a● and chapters lands , and now after the wars are done . sale of king , queen , prin●e , duke , and the rest of the c●ildrens revenue ● sa●le of their r●ch goods which cost an infinite sur●●● . and to conclude all a t●x●tion of ninety thousand pound a mo●th , and when they have gathered it pretendedly for the common-wealthes use , divide it by thousands and ten thousands , apeece amongst themselves ; and wipe their mouths after it like the impudent ha●●ot as though they had done no evill ; and then purchase with it publique lands at small and triviall values ; o brave trustees ! that have protested before god and the w●r●d , againe and againe in the day of their st●aits , they would never seck themselves , and yet besides all this 〈◊〉 all the chiefest and profit●blest p●aces of the kingdom ●mongst themselves ; and then thirdly ; what regulating of courts of justice , and abridging of delayes , and charges of law 〈◊〉 have they performed as in their first remonstrance they promised ? nay are they 〈◊〉 worse then they were before the wars , and besides , then high-comm●ssion , star-chamber and counsel board were all downe ; and have they not now made a star-chamber , high-commission and councel-board of most of their petty committees ? but most dreadfull ones of the house and their new-councel of state ? as is evident to be seen in my comrades and my illegall and arbitrary imprisonment , and cruel close imprisonment thirdly , nay have we at all any law left master peters your grand teacher 〈◊〉 lately to my face we have none ? ) but their meer wils any pleasures ; saving fell●●s la●● , or ma●tiall law , where men-butchers are both informers , parties , jury-men and judges ; who have had their hands imbr●ed in bloud for above this seven yeares together , having served ●●●●●●t●ship to k●lling of men , for nothing but mony , and so are mo●e bloudier then butchers th●● 〈…〉 and calve for their own livelihood , who yet by the law of england , are net 〈◊〉 ●●●● of any jury fa●l●se and death , because they are conversant in shedding of bloud of beasts 〈◊〉 thereby , through a habit of it , may not be so tender of the blood of men ; as the 〈◊〉 ●f england , ●eason and justice would have men to be . yea , do not these men by their swo●●● , being but servants , give what law they please to their masters : the pretended law-makers of your house , now constituted by as good and ●egall a power as he that r●b● or kil●s a man upon the high-way . but to conclude this tedious point , i shall end it with such an authority , as to th●● ruling men in your house must needs knock the nail on the ●ead , and that is with the declaration of the army , ( your lords , m●sters , l●w givers , and 〈◊〉 ) who in their most excellent of declaratrons of the of june , . about the just and fundamentall rights and liberties of themselves and the kingdom , page , , . of their book of declarations , after they have sufficiently cryed out of stapleton and his party , for abusing , deluding and over-swaying the house from their true end for which they were assembled together : say thus , but yet we are so far from designing or complying to have an abso●ute or arbitrary power fixed or settled for continuance , in any persons whatsoever ; a● that ( if we might be sure to obtain it ) we 〈◊〉 wish to have it so in the persons of any whom we could must confide in ; or who should appear mo●● of our own opinions and principles , or whom we might have most personall assurance of , or interest in , b●t we do● , and shall m●ch rather wish , that the authority of this kingdom in parliament ( rightly constituted , that is ▪ freely , equally and successively chosen , according to its orteinall intention ) may ever st●nd and ●ave its ●ourse . and ther●fore we shall apply our selves chiefly to such things ●● ( by having parliaments setled in such a right constitution ) nay give most hope● of justice and right●ousnesse , to flow down equally to all , in that its ancient ch●●nell , without any overtures , tending either to overthrow that ●●undation of order and government in this kingdom , or to ingross that power for perpetuity into the hands of any particular persons , or party whatsoever . and for that purpose though ( as we have found it doubted by many men , minding sincerely the publique good , but not weighing so fully the consequences of things ) it may and is not unlike to prove , that , the ending of this parliament , and the election of a new , the constitution of succeeding parliaments , ( as to the persons elected ) may prove for the worse many weyes ; ye● since neither in the present purging of this parliament , nor in the election of a new , we can promise to our selves or the kingdom , and asurance of justice , or other positive good from the bands of men ; but those who for present appear most righteous , and most for common good ( having an unlimited power fixed in them du●ing life or pleasure ) in time may become corrupt , or settle into parties , or factions ; or , on the otherside in case ●f new elections ▪ those that should succeed , may prove as bad or worse then the former . we therefore humbly co●ceive that ( of two inconveniences the lesse being to be chosen ) the main thing to be intended in this case ( and beyond whi●h humane providence cannot reach , as to any assurance of positive good ) seem to be this , viz ▪ to provide , that however unjust or corrupt the persons of parliament men , in present , or future may prove , or whatever ill they may doe to particular parties ( or to the whole in particular ●●ngs ) during their respective termes or periods , yet they shall not have the temptation of an ●●●imited power fixt in them during the●r owne pleasures , whereby to perpetuate injustice or oppression upon any ( without end or remedy ) or to advance and uphold any one particular party , faction or interest ▪ whatsoever , to the oppression or prejudice of the community , and the enslaving of the kingdom unto all posterity , but that t●e people may have an equall hope or possibility , if they have made an ●ll choice at one time , to mend it in another , and the members of the house themselves may be in a capacity to taste subjection as well as rule ▪ and may be so inclined to consider of other mens cases , as what may come to be their own . thus we speake in relation to the house of commons , as being intrusted on the peoples behalfe , for their interest in that great and supreme power of the common wealth ( viz. ) the legislative power with the power of finall judgement ) which being in its own nature so arbitrary , and in a manner unlimited , ( unlesse in point of 〈◊〉 ) is most un●it and dangerous ( as ●o the peoples interest ) to be 〈◊〉 in the 〈…〉 the sa●e men , during life or their own pleasures . neither by the originall 〈◊〉 of this state , was it , of ought to continue so , nor does it ( wherever it is , 〈◊〉 continues soe ) render that sta●e any better then a mee● tyranny , or the people subjected to it , any better then vassals ; but in all states where there is any f●●● of common freedom , and partic●larly in this state of england ( as it is most evid●●● 〈…〉 many positive laws and ancient constant custome ) the people have a right to 〈…〉 successive elections , unto that great and supream trust , at certain 〈…〉 time , which is so essentiall and fundamentall to their freedom , as it is , ●●not or not to be denied them , or witheld from them , and without which the house of commons is of very little concernment to the interest of the commons of england . yet in this we could not be understood in the least to blame 〈◊〉 worthies of both houses , whose zeale to vindicate the liberties of this nation , did 〈◊〉 that act for the continuance of this parliament ; wherby it was secured from 〈◊〉 dissolved at the kings pleasure , ( as former parliaments had been ) or reduced to 〈◊〉 a certain●y as might enable them the better to assert and vindicate the liberties of this nation , ( immediately before so highly invaded ▪ and then also so 〈◊〉 ●●dangered ) and those we take to be the princip●ll ends and grounds for which 〈…〉 exigency of time and affairs it was procured , and to which we acknowledge it hath happily been made use of ; but we cannot thinke it was by those worthies intended , or ought to be made use of to the perpetuating of th●●●●pream trust and power into the persons of any during their owne 〈◊〉 , or deb arring of the people from their right of elections totally new . but it here it should be objected although the king be dead , yet the parliament 〈◊〉 altered the government into a common-wealth , and so may if they please cha●●e the constitution of parliaments . to which i answer , fi●st , that those company of men at westminster , that g●●e commission to the high court of justice to try and behead the king , &c. were ●o more a parliament by law , nor a representative of the people , by the rules of justice and reason , then such a company of men are a parliament , or representative of the people , that a company of armed theeves chuse and set apart to try , judge , 〈◊〉 , hang , o● behead any man , that they please , or can prevail over by the power of their swords , to bring before them by force of arms , to have their lives taken away by pre●●●ce of justice , grounded upon rules meerly flowing from their wils and swords ; for i would fain know any law in england , that authoriseth a company of servants to punish o● correct their masters , or to give a law unto them , or to throw them at their pleasure out of their power , and set themselves down in it , which is the armies case wi●●●●e parliament , especially at tho. prides late purge ; which i call ( and will 〈◊〉 to be ) an abs●lute dissolution of the very essence and being of the house of 〈◊〉 ▪ and i would fain see any law or reason in writing or print to justifie th●● a 〈◊〉 ▪ upon my other a●●●unt , then in hindering them from raising a new warr , and fro● destroying he peoples liberties by their eternall sitting , seeing they keep their power ●●●ger by fa● then their masters , or impowers the people intended they should , and also employ it to their mischief by hindering them , ( i mean those that had not acted agai●●● the liberties of the parliament ) entering into a mutuall engagement to appoint 〈◊〉 whereby to chuse ( seeing they cannot all meet in one place themselves ) and i●power new trustees commissioners , or represento●s , to make equall and just lawes to bi●● all , and provide for their future well-being , there being no other may justly , either in law or reason ; to settle this nation in peace and quietness , but by one of these two means : first , either by admitting the king in again upon terms : or else , secondly , to lay foundations of a just government , by an agreement made amongst the generality of the people capable of it : and if any man upon earth can either by law or reason shew me a third way , that hath any more shadow of justice in it , then for william the conqueror , or the great turk by their swords to give a law unto this nation , i will forfeit my life . but secondly i answer , the main end of the peoples chusing of the members of the house of commons was not to come to westminster to set up a common-wealth , especiall to invest all power in themselves , and with that at their pleasure rob and take away ( by the rules of their wills ) the liberties and lives of those that chuse them , and be unaccountable as long as they live , although they do what they please ; therefore i would fain see any bit or shadow of a pretended commission to this end , either in writing , or ●acitly in intention ; nay , or so much as in the thoughts of the major part of the members themselves , when they were impowered ; i am sure all their declarations declare the contrary . and therefore i say , and will make it good against all the tyrannicall sophisters in england , in a publique dispute before the people , that the m●●● end wherefore they were sent , was to treat and confer with king charles , and the house of peers , about the great affaires of the nation , &c. and therefore are but a third part , or a third estate of that parliament , to which they were to come and joyn with ; and who were legally to make permanent and binding laws to the people of the nation ▪ and therefore having taken away two of the three estates , ( through a pretended necessity , for a pretended good end , the accomplishment of which can only justifie this act ) that they were chosen on purpose to joyn with to make laws ; the end both in reason and law of the peoples trust is ceased ; for a minor joyned with a major for one and the same end , cannot play lord paramount over the major , and then doe what it please ; no more can the minor of a major , viz. one estate of three legally or justly , destroy two of three without their own consents , or the authority of a higher power , then all given and deligated for that end intended and declared , which is the people , the fountain and originall of all just power , which they never did in their lives ; and therefore the whole power of all is returned to them singly and alone , ( but if an● part of it is yet inherent in any , then it is in prince charles as heir ▪ apparent to his fathers crown and throne ) over whom i mean the people ) no persons nor power on earth can now set no change of government whatever , but what is done by their own mutuall consent by agreement amongst themselves , but with as reall a face of tyranny , as ever was acted by any conqueror o● tyrant in the world ; unto which whosoever sto●ps and supports it , is as absolute a traytor both by law and reason , as ever was in the world , ( if not against the king , yet against the peoples majesty ▪ and soveraignty , the fountain of all power on earth ; ) and the present setters up of this tyrannicall new commonwealth , considering their many oaths , covenan●s , promises , declarations and remonst●ances to the contrary , ( with the highest promises and pretences of god for the people and their declared liberties , that ever was made by men ) are the most perjure● , pe●fidio●● , falle faith and trust breakers and tyrants ●●at ever lived in the world ; and ought by all rationall and honest men to be the most detested and abhorred of all men that ever breathed , by how much the more under the pretence of friendship and brotherly kindness they have done all the mischief they have done in destroying our law●● and liberties , &c. is any treason like juda● his treason ▪ who betrayed his lord and master with a kisse : is any murder in the world , like that of joab co●●i●●ed upon a●●er and amasa ? who while he kissed and embr●●ed them with the highest declarations of friendly and brotherly affection , stabbed them ●nder the fif●h rib , sam. a ▪ . & . , . is any wrong or mischief done unto an ingenuous spirit , so bitter to his soul , as the treachery and baseness of a pretended and familiar friend ? no undoubtedly , for against a professed enemy a man hath a fence , for he will not trust him , but is alwayes jealous of him : but against a pretended friend he hath none , for ●e lyes in his bosome , from whom he fea●s no ill , but sleeps in security , in the height of which he is ●●in●ted and dest●yed : which kinde of dealing was most bitter to davids soule ▪ wh●●h made him say , p●alm . , . , . for it was not an enemy ●h●● repr●a●hed ●re , then i could have b●rn it : neither was it he that hated me , that 〈◊〉 magnifi●●●mself against me then i would have hid my self from him . but it was th●n , 〈◊〉 , mine equ●ll , my guid● ; mine acquaintance . we t●●k swe●t coun●ell together , and walked into the house of god in company ▪ let death seiz upon them , and let them go● domn quick into hell , for wickedn●sse is in their d●●●ling , and among them ▪ and let the p●esent generation of swaying men ▪ that under the pretence of good , kindness and friendship , have destroyed and trod under their feet all the liberties of the nation ( and will not let us have a new parliament ) and set up by the sword their own unsufferable , unsupportable tyrannicall tyranny ; consider the ends of jwdas and joab , and they shall finde , that for their treachery and blood ; the one hanged himself , and the other was executed in the tabernacle of the lord , 〈◊〉 the horns of the altar , whether he fled for refuge and sanctuary , kings . , . yea , also remember cains treachery to his innocent brother abel , gen . , , , , , . thirdly and lastly , i answer , the house of commons sitting freely within its limitted time , in all its splendor of glory , without the awe of armed men , never in law , nor in the intention of their chuse●s were not a parliament ; and therefore of themselves alone , have no pretence in law to alter the constitution of parliaments , especially as to free and successive elections totally and wholly new ; neither if ever it had been in the power of a true and reall house of commons ; yet this present pre●ended one now sitting at westminster is now a true house of commons ; as the armies ancie●t declarations doe notably prove ; see their book , declar pag. , , , , ● , , , , ● ▪ for i would fain know in law , where col. thomas pride was authorised to chuse the people of england a parliament ; or to purge away at his pleasure by his sword three quarters of four of the house of commons , ( and so committed the affairs of parliament to a few , which was never intended by the i●powerers , but hath always been holden to be against the honor and dignity of a parliment , and that no such commission can or ought to be granted , no not by a ●egall a●●h●rity if self ▪ see part . cooks institutes , fol . chap. high court of parliament ▪ ) and send whom of them he pleaseth to prison , without charge or declared crime , and to stand at the house door in a warlike posture , with swords and muskets to keep ou● whomsoever he pleased , against the law and constitutions of parliaments , which ●ught 〈◊〉 sit free from the force of armed men , part . institut ▪ and let none goe into the house , b●● only those that he knew , or did beleeve would vote as he and his masters would have them ; for shame let no man be so audaciously and sottishly void of reason , as to call tho. prides pittifull jun●o a parliament , especially those that called ▪ avowed ▪ protested and declared again and again those to be none , th●t sate at westminster the and , &c. of july , . when a few of their members were seared away to the army , by a few houres tumult of a ●ompany of a few disordred apprentices : and being no representative of the people , no nor so much as a thadow of it , much lesse a parliament , with pretence in law , reason , justice or na●●●e can there be for them to alter the constitution of successive and frequent parliaments , and force upon the people the shew of their own wils , lusts , and pleasures , for laws and rules of government , made by a pretended ▪ everlasting , nulled parliament , a councel of state , or star-chamber , and a councel of war , or rather by fairf●● , cromwell and ireton . and so much for my unsati ●●ednesse in the present authoritie . but secondly , in case the justices either in law , or by reason of the power that now rules england , had to my understanding been a thousand times lesse unquestionable then it is , and had neither against the rules of reason ejected two parts of three to set up themselves , nor outstrip'd its commission in sitting longer then they should , nor never had been forced on●e by the apprentices , which the army called and declared treason , ●nd th●se that remained a mock and pretended parliament ; and if so , the● it was dissolved , ●●ing sine die ▪ and could legally meet no more at all : nor once forced by the army ; and then the second time not onely forced , but pick'd and culled , and one of four left behinde , by means of which it was total●y d●stroyed and ann●h lated , and none left in a manner but such as ●ould d● what those that left them would have them : i say , if none of all this had been , i could not with freenesse of my own spirit live upon the sweat of poor peoples brows , by a large salary for my place , who are ●●in ( now their trades are gone , their estates spent for the int●●●ed recovering of their freedoms ( of which notwithstanding they are cheated , and that by their pretended friends ) and a famine come upon some parts of the land , and thousands ready to starve ) to pay taxations and excise for the small beer they drink , and the poor clothes they wear , thousands of families having never a penny in the world to buy bread for them , their wives and children , but what they earn with the sweat of their brows , and notwithstanding are almost as much without work , as without it : and yet out of the bowels , and pining bellies of these poor people , in this sad and deplorable condition must my salary have come , in case i had taken a publick place upon me : therefore when i seriously consider how many men in the parliamen● ▪ and else-where of their associates ( that judge themselves the onely saints and godly men upon earth ) that have considerable ( and some of them vast ) estates of their own inheritance , and yet take five hundred , one , two , three , four , five , six thousand pounds per annum salaries , and other comings in by their places , and that out of the too much exhausted publick treasury of the nation , when thousands , not onely of the people of the world , as they call them , but also of the precious and redeemed lambs of christ , are ready to sterve for want of bread , i cannot but wonder with my self , whether they have any conscience at all within them or no , and what they think of that saying of the spirit of god : that whoso hath this worlds good , and seeth his brother hath need , and shutteth up his bowles of compassion from him , ( which he absolutely doth , that any way takes a little of his little from him ) how dwelleth the love of god in him ? john . . these actions and practice● are so far from being like the true and reall children of the most high , that they are the highest oppression , theft and murder in the world , thus to rob the poor people in the day of their great distresse , by excise , taxations , &c. to maintain their pomp , super●●uities , and debauchery ; and many of those from whom they take it , do perish and sterve with want and hunger in the mean time ; and be deaf and adamant hearted to all their tears , cry●s , lamentations and mournful howling groans ; without all doubt these pretended godly , religious men have got a degree beyond those atheists or fools , that say in their hearts , there is no god , psal . . . and . . and these are my reasons ( with my resolvednesse of walking by a known rule amongst men , the declared law of england ) for not taking a publick place upon me , though i have often been prof●ered considerable ones , yea , that very fore-noon the votes of treason passed in the house against that honest book or addresse for which i am imprisoned , called , the second part of england's new chad● discovered . in the third place , i considered with my self , that seeing i could do neither of those , then i must do one of these two ; first , ●ither ●ollow a trade ; or else , go and b●y , 〈◊〉 farme some land in the country : and when i considered the grand oppressions there , as by tythes , which is not onely annually the tenth part of the husband mans prof●t to the lazy , antichristian , time observing priests ; but annually the fourth part of his increase , labour , h●zards , yea , and stock too ; which tythes i should sooner 〈…〉 then pay : and not onely so , but also the taxations and excise , with that un 〈◊〉 gulf of free-quarter , by means of which a great officer that bore me a spleen ( amongst whom i have enemies enough ) with a pegiment , or more , or fewer , in two or three nights ( with free-quarter ) might eat me ( by force of arms ) out of house and home and so not only waste the increase , but also destroy the principall . and so for these ●●sons i was bloc●t ost from going to live in the country . then secondly , for a trade , i must either follow it in london , or in some other corporation : and in another corporation ( although the king the root and 〈◊〉 of them be destroyed , and although i am not onely a native and free denizen of england , and served many yeers to learn a trade in london , yet in any considerable corporation in england ) can i not with indrustry be suffered to follow a trade or merchandizing to get me bread , unlesse i be a free man thereof ; yea , newcastle , the chiefest place in my eye , being nigh the aboad of my father and kindred , is so grand i●haunsing a monopol●zer , that it monopoliseth the river of time , yea , and the 〈◊〉 for seven miles distance ; although it can produce neither law nor reason therefore , 〈◊〉 onely a large bribing purse of the whole corporation ; which they in that town say , is so heavie , it will break any private particular mans back : which yet i should 〈◊〉 have feared , had there been any equall law to have been had from the administration thereof in any of the courts of justice in england , being as well able ( at least in my own thoughts ) to plead my own case in law at any bar against an inhaunsing corporation , or a patentee monopolizer ( both of which are against the fundamentall law● and liberties of england , as is notably proved by cook in his exposition of the 〈◊〉 of monopolies , part instit . fol. . . &c. ) as any lawer in england , it being 〈◊〉 undoubted right both by law ( see . ed. . chap. . and the statute that abolished the star-chamber ) and reason , to plead mine own cause , or any of my friends that will 〈◊〉 and trust me ; 〈◊〉 any barristers in the nation , which i will publickly dispute with 〈…〉 any day in the week ; and for the unjustnesse of corporations and monopolies , 〈◊〉 are both sons of one father , read my forementioned book , called , innocency and truth j●stified , from the page to the . and my book called , londons liberties in 〈…〉 covered , but especially pag. . . . . . . . to . and my second part of it , called londons charters , pag. . . to . so being for the foregoing reasons block'd off from following a trade any where else but in or about london , where i had the choi●● of three things . first , either to set up a shop in the city ; which i was staved off from , for these reasons : first , because the court of aldermen are so oppressive in their government of the city , setting up their own wills , humours , and irrational ridiculous customs above both the law , reason and their own charters ; which i knowing so well as i do , ( and which is pretty well anatomized in my foresaid books ) i should never bear , and so ●e continually in broils , which was my earnest desire to avoid . secondly , a man cannot well keep any considerable trade i● a shop , but he m●st trust much ; which i man many times hazard the losse of ; especially in these impo●●ishing times , or else to l●w for it , which i never loved ( never having had two s●its in my life , that i can remember ) not onely for the j●ngling part of it , but also for the tedious , chargeable , intricate , hazardous uncertainty of the proceedings therein , as the judges on purpose have made it to get money ; for being often in company with an able , and a very honest man for a lawyer , with other understanding friends , where we 〈◊〉 ●ouble discourses of the abuses of the law , which were particularly instanced to be many , i took special notice ▪ of two things he often averred ( to his praise i spe●● it ) besides the proceeding for the most part in an unknown tongue , and an unlegible hand as write , &c. which two things were these , that he would make good ; first , according to the practice in westminster hall , if a man lent another man l. l. or l. &c. and had as good security as any in england can give ; yet when the day of payment comes , if the party be a crafty b●ffling man , and have a good purse , he shall keep a man in the courts in westminster hall three or four yeers in suit , let him do the worst he could , before he could get his money ; nay , nor never shall get it neither , unlesse he have a purse also able in some reasonable measure to bold pace with him : but in case in any of that time ( by sicknesse , losse or other c●sua●ties ) he happen to fall poor , and so not able in money to pay fees , &c. it s lost for ever : besides all this , the h●zards he runs ( are sufficient ) by being betrayed , bought , and sold by his solicitor or atturney , &c. besides the danger of common knights of the post , to swear the money 's paid , &c. secondly , he did averre , that he would make it good before the speaker at the bar of the house of commons upon his life ; that for the chancery ( which trades men upon book accounts &c. are subject often to use , and there is not a decree of l . from one yeares end to the other made in that court , but jumbling all the decrees together one with another , some suits holding , , , yeares , nay some above , but first and last it costs the p●●intief l . for eveey hundred pound decreed one with another ; o brave , honest and reforming parliament who in three dayes might mend all this easily and plainly , by a county record , by which a suit never need to be of a months continuance , and for which th●y have often been petitioned , but yet will not , but suffer it to continue worse then they found it , for all their great promises in their first remonstances , &c. to the contrary ; yea and give their judges their places freely , and l . per annum out of the co●mon-wealths mony , besides all their illegall and unf●domable fees ; whereas in the kings time they had but l. per annum sallery and their fees ; and most commonly paid , , , , l for their places , an [ yet were every whit as just as these are , for any thing that over i could hear of to to the contrary , and i think i have enquired as diligently into both as any one private man in england hath done ; so for these reasons i durst not meddle with a shop in london . and then in the next place , having multitudes of acquaintance both in city and country , i had thoughts out of the cities freedom to turn soap-boyler , being a good trade and most vendible for ready mony , and in it i met with these discouragements ; viz. first , that there are new monopolies upon some of the principall materials that makes them double prised to what they used to be , which most commonly are all imported from beyond seas , as oyl , tallow and pot-ashes , for which is paid both custome and excise , yea and for the very coles that boyles them or s . in a chaldron ; and scarce any thing free from excise that belongs to it , or to the backs or bellies of the men that work it , but the very water ; and yet notwithstanding when it is boyled and all hazard run , as spoyling or breaking of vessels , falling of the price of sope , or none vending of it , besides many other ac●identall casualties , yet out of the very s●et of his brows and the industry and labour of the very fingers ends , there must excise be paid of so much a barrell ; and that which is worst of all is this , my house which used to be my castle , and so it is by law , night or day must be at the knave excise mans pleasure , to search and break open for unsealed soape when he pleaseth ; nay , notwithstanding all this i must be had to take my oath ( after they will not trust me , but have searched what they can ) at the excis● office , that i have made no more but so and so , and it may be i judge such an oath altogether unlawfull , and therefore cannot take it , and therefore to prison without any more adoe i goe , and must be fined at the will of the chief excisers , and pay a noble a day to the serjeant at armes , besides his mans fees ; and if i do take my oath can forswear my self , i hazard the pillory for perjury besides the wounding of my conscience ; but if i be consciencious that i cannot set my conscience upon the tenter-hooks by forswearing of my self ; then i am destroyed in my trade by others that will undersell me by this stealing excise , and swearing soundly to the contrary too , judging i● ( with cromwell as major huntington in his impeachment of him declares ) no sinne in may be to deceive the de●●iver or oppress●●y and all this lyes upon us ; in the first year of englands freedom by the conservators of the liberties thereof , who yet ●ealously and for the peoples welfare chopt of the kings head for tyranny & oppression , although his ●oynes were never so heavy as their little finger is , o brave , unerring , unsinning , and everlasting , none such parliamen ; and therefore last of all i had thoughts towards winter to buy of my unkle at s●●derland to lay up some coals at my habitation in winchester-house , to fell in january and february , and in the mea●●ime to lay out my mony in some adventure for holland , and there i met with these difficulties : first ▪ although , i was as wary as any man in england could be , to see that master devenish title to the house was good in law , and so i might justly and quietly expect the injoyment of my bargaine from him ; and thereby i see first his deeds , and the parliaments ordinances thereupon , and secondly i went and spoke with master iohn cook the lawyer , who drew up the conveyances betwixt master devenish and master young , of whom master devenish for his life bought all winchester house in southwa●k ; by all which , but especially from m●ster cooks owne mouth , i cleerly and evidently found master levenish had as good a right in all winchester house , for master youngs life both by law and ordinance , as its possible for any man in england to have to the cloaths he wears , or any thing else that he possesseth , although he takes the advice of twenty lawyers in the buying and purchasing ▪ of them ▪ which incouraged me to strike a bargaine with him for three years , for as much of the house as i am to pay annually almost l. and yet since a committee of members with the trustees of bishops lands will needs turne me and the honest man ( by force of armes ) out of his legall possession without any valuable consideration , or rendring at the least any reason wherefore , but only their soveraigne wills and pleasures . o brave parliament justice ! without all doubt this is the liberty of the people , and the law of the land , that we have been contesting and fighting for these seven yeers together , or at least as much as they intend ( now they have conquered us with our own mony and our own hands ) we shall possesse and enjoy this unrighteous molestation , which with their illegall imprisoning of me hath spoyled a coal-merchant of me for the present . and in the second place , as my adventuring to holland , when i came to inquire after the nature of that , i found these difficulties therin , first , a strict mon●poly , that none whatsoever shall ship any white cloth for that place but the monopolisers themselves , and secondly a general monopoly upon woollen commodities whatsoever , that unlesse you do as good as tell a lye ; i found merchants still continued to be the chief customers , who it ●seems have a trick to steal whole ship loads of custome for their own use , by mean● of which they undersell any other merchant , yea and thereby break the backs of new beginners ; for being at my first inquiring thereinto with master william kiffin my quondam servant , though now my prof●st and blood thirsty enemy , he told me a little before , he was one day at the custome-house , and the chief men there had catcht a poor man that had stolne some custome , for which they were about fining and punishing him , why master faith he to one of them in kiffins hearing as he averred to me ) will you be so angry with me , and so harsh to punish me for a small ●oy , when i am but your own scholler , for i am sure it s but the other day fin●e by your own directions i help● you to steal in a manner a whole ship load of uncustomed good● : and you being so well pleased with that , my thinks you should not be so angry with me for stealing a little custome for my self . but then fourthly , the prince was master of the sea then , so that i durst not venture it in a english bottom , some of which had laid in the thames divers weeks loaded and du●st not stirre out for want of convoy , which they had fought much for then to the parliament , but could get none ; and to ship it in a dutbh bottom , it did not only give the traid of shipping to the dutch , and so destaoy our english ma●iners , but also by law to ship it in du●th bottom , it is consiscated or at least must pay the custome of aliens or strangers as appeares by the statutes of r . ch . & k cha . . & h. ●b . & . & . e. cha . . & h. . but having bought some cloth and stuffs i was necessitated to run the hazard of ●hipping them in dutch bottom ; but english woollen commoditie ; being so great a drug in holland as they are by reafon of the merchant monopolisers , alias mercha●t adventurers , that ingrosse the trade to themselves , and buy their cloth here at what rates they please and sell it in holland as dear a list ; and so care not how little they vend so they get mony enough by that they sell and disable all others from trayding , by meanes of which the poor people here that depend upon cloth-making , wanting work are necessitated to leave the land of their nativity and goe to holland to make cloth for the dutchmen to get bread to keep them alive ; whereby they have almost got the english cloth making traid , and our wise ▪ just and long winded ●arliament , are willing thershould so do , or else almost in nine years time they would have given some satisfactory effectuall answer in those multitudes of petitions that have year after year been preferred to them , complaining of these unsufferable and destroying grievances and yet they can assume to themselves a stile of the conservators of the leberties of england in the firs● year of freedom , but i wonder where it is , for my eyes can see none at all in any kind , but rather more bondage then ever , witnesse now their treason-trap , &c. so english cloath being so great a drugg there , that little profit could i expect by my adventure , unless i laid out in the return most of my mony in such commodities as are monopolized by new patents , ordinances , against the laws and liberties of england ▪ and if i so did , when they come here ( if the monopolizers catch them ) they are all lost ; so here is our freedom , but yet notwithstanding , i did order my factor to lay out the most of my mony there , in such commodities only , being resolved as soon as i could here of the ships arrival in the river of thames , to boord her with half a dozen lusty resolved blades ; and with my own hand to give the chief monopolizer's a b●ace of pistoll bull●ts in his guts , or a prick with my rapier or dager , in case he came to take away my goods from me ; and then to run the hazard of a tryal at common law , to see whether by the law of god , and of england ; i could not justifie the preservation of my self and my goods , from any that come to rob me of them , and rather kill him or them , that would assault me and them , then suffer him or them to take away by force my livelyhood , and so by consequence the life of me and my family , but the counsell of states robbing me of my liberty , by my close imprisonment in the tower hath frustrated my marchandizing hopes , yea and it may be thereby break me to the bargin , but if they do , when they have seriously cast up their gains by it , they will not be six pence the richer , though my wi●● and ●●tle babe● may be much more the poorer : but to turn back again to my coming out of the north , besides the thoughts of my future substance , in some honest industr●●●● calling or other , i spent some time at westminster , to see and satisfie my own understanding how the t●●e sail of things stood at the helm , i mean with the three great me● of the army , viz. fairfax . cromwell , and ireton ; and whether i could finde out they had any real tho●●hts to prosecute their own agreement , that so we might have a new , equal and just representativ● , which i upon my principles ( now they had laid kingly government aside ) look'd upon as the only and alone earthly sal●● to heal and cu●e the wounds of this dist●acted and dying nation , and to make it flourish once again in peace , trade and all kinde of outward prosperity , and without which our wounds could never be hea●ed ●r cured by any other means that could be invented o● conti●●●d , looking in my own thoughts upon the then smal sitting remnant of the last parliament , as a quite contrary inte●est to the peoples good or welfare ; distributive justice and universall righteousness , being their bane , and that which would be the unavoydable ruine by reason of that horrible g●ilt they have contracted by their self-seeking unjust wayes upon themselves ; th● great bug-bear the king being now gone , they would be necessarily l●d , for the supportation of themselves in the evill of their wayes , and continuance of their intended perpetual greatnesse , to court , support , and make much of the chief supporters of all the remaining corrupt interest in england , as the priests , and their robbing tythes , the banc of industry ; the laywers , and their monopolizing pleadings , and all their old and base inslaving corruptions in the execution of the laws , as bad in a manner as the old bondage of egypt ; and of old and illegall charter-mongers , the inhaunsers , engrossers , and monopolizers of trade , and all the base bondages thereunto belonging ; the peoples freedoms and liberties being the onely thing now dreaded by them ●● the only engine to pull down all the steps they have long laid for their elective kingship , and the single injoyment amongst themselves alone ( and their vassals , slaves and creatures ) of all the great places thereunto belonging , and thereupon depending , which yet they must not immediately do , but go about it gradually , and first get the power of seeming legall authority , into a narrower compasse then it was , in their purged house of commons ; that so that might rule , counsel and direct their mock ▪ parliament ; and the councel of the army ●ight rule that ; by means of which ( what with the service of irelan● , &c. ) they might so mo●●lize their army , that it in due time might totally become slavish by obeying without dispute what ever their great officers command them , and so unanimously elect , and impose upon the people their present generall for their king , as the onely fit , able , and best deserving man in england for that soveraign place ; provided , under-hand he would ingage too high and mighty oliver , and his son in law henry ireton , to be sure to do a● they would have him , and in his kingship to promote those that they would have advanced , that so one of them might not fail after his decease to succeed him ; and so in time , with their long continued power and wils , keep it in their line , as the onely deserving family in this nation , who saved it from its enemies ( for their own ends ) in the day of its distresse ; whose battels it fought pretendedly for the liberties of england , crying out jehu like , kings . . co●e , see my zeal therefore in cutting off the kings head , &c. and razing out his family : and undoubtedly it is of the lord , for he hath prospered me in it ( and so he did judas in betraying christ ) and no●e hath been able to stand before me , when as , alas , all this successe may be no more but the rod of god to chastise a then more wicked family , designed by god to that destruction ; for the transgressions , sin , or blood thereof ; yet for all this , the heart may be no more upright then john's was , which vantingly lifted up by his great su●c●ss , & took no beed at all to walk in the law of ( justice , truth , and obedience ) the lord god of israel with all his heart , but followed after ( mans inventions and devices ) jeroboam's wickedness , to win the golden calfs in dan and bethel ; for which wickedness and pride of his spirit , ( after all his success in fulfilling the express will and command of god in cutting of from the earth ahabs family , for the transcendent wickedness thereof ) yet god begun to plague him , and in those daies cut israel sho●● , ye and afterward for the pride and wickedness of his posterity ( unto whom to the fourth generation god gave the crown of israel ) for jehu doing well in executing that which was right in his eyes , in utt●●●y ●●ing of the house of ahab for their ●lo●dt●ir●●y wi●kedness , according to the heart and mi●● of god , vers . . brought such plagues upon him and his people , that they became a spoil to all their neighbours , which made their affl●ction very bitter ; insomuch that there was not any shut up , 〈◊〉 any left , nor any helper for israel , chap. . . and as jehu to the eyes of men conspired against his master and killed him , being but a captain in isra●l ; so shalum the son of jabesh conspi●ed against the last of his race , and smote him before the people and sl●w him , and raigned in his stead , chap. . . but because those that followed after took no wa●ning by the righteons and grievous punishment of their predecessors for their wicke●nesse , to w●lk righteously and justly before the lord ; therefore he made thei● r●ignes very mort , and full of blood and bitter affliction ; and brought their heads to their graves most commonly by conspiracy , and that many times of their servants & captains ; as the sequel of the story shews . and in my observations and private discourses at westminster , i apparently found it to be as i fea●ed , their main endevours being closely carryed on to perpetuate this parliament for ever , and by it , a new ( and then ) endevoured to be erected councell of state , and the councell of warr , for the future ( by the rules of their wills ) to govern this declared free nation arbitrarily ; and to make some gr●nd examples of ●error , as that none for time to come should dare to stir ; which i there clea●ly saw , to my vexation and trouble , but was inwardly forced to bite my lip and be silent : but that which perplexed me most was that i found promotion and promised hopes of honour and gain had very much changed the principles , and cool'd the zeal of three or four of my familiar acquaintance and bosome friends , ●●at not long before had been visibly and frequently the valia west , stoutest , ablest champions ▪ for englands libe●●ies and freedomes that i know in the nation ; some of whom very fairly and smoothly dealt often with my self , to be as prudent and wise in acceptation of the favours , and familiar respects of great men , as they had done ; and at my coming to town duke hamilton , and the stout lord capel &c. had newly entred upon the stage for the tryal of their lives , and i confess , i was exceeding curious , in satisfiing my self about the manner of dealing with them , and so up into the court i got and heard the begining of their defence , ●nd afterwards went and spoke with them , looking upon them as part of the people of england , unto whom if any injustice was done , it became a p●esident to destroy me , or the most righteous man in england , if the swaying faction pleased , and s●e●ng thes●m●n●a knowledg themselves subject ●● the penal part of the law , as well as the directive part ( which the king never did but to his dying hour maintained , those two most abominable and all humaine society-dest●o●ing 〈◊〉 viz. that he was acco●●table to no power on earth , ( but god a one ) as to punishment for any of his actions , though never so wicked : and secondly that the ●eople have no share ●n government , i thought my self and the liberties of my native country concerned in the manner of their trial ▪ though i neither the● nor now liked the cause in whi●h they i●ga●ed ) as knowing and seeing very well when the hedges and freedoms of our liberties and freedoms have but a gape broken downe in them , it is likely in time not only to become a path , but ● high 〈…〉 , to let in such an inundation of illegalities and arbitrarits as shall over●●ow all and 〈◊〉 downe all underfoot , which is plainly to be read in sit walter k●●leys 〈◊〉 h●story of the thirty grand tyrants of athens , in his history of the world , lib. chap. . 〈◊〉 . . ●ol . and which in time might become a meanes to pervert all the whole 〈◊〉 of the whole english government , of which my mind being full , i argued th●● with my s●l●e . 〈…〉 be these mens lives they would have right or wrong , then they should have killed them in the heat of bloud and not have given them quarter , or after quarter given 〈◊〉 notwithstanding broke , and so have dispatched them by shooting or otherwise killing them in their chambers or the like ; but to reserve them many months together alive , and b●ing them out in the face of the sunne , preten●●ing to take away their lives by the rules of justice and law. well then what is done unto them in this case , must be 〈◊〉 in the meanes and method of justice as well as in the end , and the law of england 〈◊〉 their b●●th●ight and inh●ritan●e in every puncti●●io of it as well as mine or any mans in the nation , and indeed the end of the making of the law is for transgressors , by the 〈◊〉 of which their actions ought to be measared , the priviledges and benefit of which all their 〈◊〉 ought not to be denied ( nay if they be ignorant of their legall priviledges , the judge ought to instruct and inform them thereof ) nay or any stander by else that is present at the tryal , and the law renders this reason , lest the prisoner at the bar should unjustly 〈◊〉 his life by the errors of the proceedings of the court , . p●● . insti . fol. . . 〈◊〉 , for a righteous man the law was never made for him , neither hath he any need to claime the benefit of the severall priviledges of it , because he doth not transgresse it ; but because so much malice and wickednesse is in the hearts of the sons of men , that many times the wicked and guilty accuseth the righteous and innocent , therefore the wisdom of our fore ▪ ●●thers , and the righteousnesse of the laws they made for us and have left unto ●s is such that no man though never so notorious in publick fame , is to be esteemed or 〈◊〉 i guilty man or transgressor ( in the eye of the law ) till he be legally and duly convided of the crime laid unto his charge by the rules and methods of the law : the law of england is as much to be magnified , as sir edward cock often stiles it , being a law of 〈◊〉 , par . insti . fol. . favours much the life of man , because of all things in the world it is most precious , fol. ibid see his exposition of magna charta in par . inst but especially fol. . . , . . . but above all read that most excellentest of all his discourses upon the righteousnesse , equity , safety , and justnesse of the tryall by juries of ( ●iber 〈◊〉 lega●is home ) free and legall men ( next ) of the neighbourhood in his pa● . insti . ib. ● chap. sect. . which parliaments cannot destroy nor change , because it is impossible for them to find out a juster or better way of tryall and they 〈◊〉 to provide for our weale , but not for o●r woe , ● par ▪ book . doc. p. . and 〈◊〉 〈◊〉 doe what they list but what they ought par . ●ook dee . p. . . . . . 〈◊〉 . . . . . . . . 〈◊〉 par . fol. . & declarat march ● p. . , , . for all the idle pratings of any new upstart ' sons of belial amongst us , such as the author of the late abominable book called the discoverer which is commonly reported to be partly master frosts secretary to the 〈◊〉 call●d the 〈◊〉 of 〈◊〉 , and p●incipal●y that apostate , iohn can law if 〈◊〉 , and now of the parish of b●w , whose conscience by that appeares so bread 〈◊〉 it will without doubt lead him to worship with the turks alkeron if it were in 〈◊〉 , and fat livings to be got by so doing ; but let all men in authority and great place● 〈◊〉 value thei own heads and lives ; remember dudly and epsons punishments privy co●cellors to h●n●y the● eve●●● , for proceeding by the rules of their discretion i● 〈◊〉 〈◊〉 , laying aside the tryals by juries of twelve men , the ancient and undoubted birthright of the subject part inst . fol. . for which they lost their heads as traytors for subvert●ng the fundamentall liberties of the people , although they had an act of parliament ( viz. hen. . ch● . . recorded par . inst . ●ol . ) made by as unquestionable power in law as ever was in being in england , in a free and full parliament , c●●sisting of king , lords spi●ituall and tempor●ll , and commens ; to authorise and beat them out in what they did , of whom you may read most excellently in cooks inst . viz. par . fol. & par . fol. . , . . and in my musing with my self of their conditionn , my thoughts were something to this purpose the actions done and acted by them , were either crimes or no crimes , crimes as to men they could not be , unlesse they were transgressions of a knowne and declared law in being in the nation before their acts were done , ( for saith the spirit of truth , where there is no law there can be ●● transg●ession , rom. . . ) and if so then to punish them for their acts ( or facts ) any other wayes , or by any other rules , manner or methods then is by those laws against which they had transgressed , is expressed and pres●ibed , is very grand injustree ▪ and the most righteous and justest men in the world , ( under such practises ) can never be safe or secure , but are alwayes liable in liberty , estate and life , to be levell●d and destroyed by the will , mallice and pleasure , of the present s●aying grand faction , in which condition a man differs nothing from a brute beast , but in shape ; but the high court of justice , erected to try them , was a pretended court of justice , not knowne to the visible and declared law of england ( being in its constitution altogether against all the english rules of justice , no nor in being when their facts were committed ; and therefore had no pretence at all being but a new constitution to meddle with judging of their facts committed before it had a being , or was brought forth into the world . besides the erection of it ( i mean a high court of justice ) to try men for siding with the king in ? the late warrs against the parliament is a meer and cleer giving away , and surrendring up the legallity of their cause in o the kings hands , telling the people in effect hereby , its true we have waged warre against the king , but if his sword had been as long as ours he might easily if he had pleased have hanged us all by the rules of justice for transgressing ● l●w in being . but we having by the chanc● of war prevailed against him alass , we have no law of our sides , by the rules of which we can hang any of his party , but must be forced to take away their lives by the rules of our own wills and power , by rules of pretended law m●de after their facts committed , and for the demonstrating of this unto all that have adhered unto us , we erect a new high court of justicely new rules never known in england to try them , that so our friends that have adhered to us , may see where they are , and betimes provide for their own safety , and never trust or beleeve our declarations and remonstrances any more ; for though we formerly told you we had the law of our sides ; yet by our setting up this high court of justice , to be both parties , jury and judges , we plainly tel you there was no such thing , but that then what we told you was lyes and falshood● and that you should beleeve us no more : for though then we told you we would maintaine the law , especially of liberty and propriety , and that it was ● transcenden● wickednesse in us to destroy it , and by our votes at our wills and pleasures to disposeor levell all the peoples estates , liberties and properties ; yet now we iell you , we never in our hearts intended any such thing , but that our designe was totally ( if we did overcome ) never to keep any of our promises : but absolutely to destroy all law , and by our absolute will , by all manner of new erected engins , to debase and breake the peoples spirits , and to dispose of their liberties , estates and lives by the absolute rule of their own wills , and as a cle●● demonstration to your understanding that we never intended otherwise , , we erect this high court of justice , composed of suck 〈◊〉 we know will obey and execute the absolute dictats of our wills , ●e they 〈…〉 , without ever examining whether our commands be consonant to law , reason , eq●ity , justice or conscience , being of as absolute implicite faith in belcl●ering of us ( because we have promised they shall ●aign with us or under us ) as ever any papish in the world were believing the pop● . thirdly , admit this had been an unquestionable ( representative of the people ) parliament , who by ve●●●● th●●●●f hath had a power to levy what mony they had judged conven●●nt upon the peopl● b●●●neral tax for the common safety of the nation , which act both by law , and reason ●h●y may do ; yet they cannot in law , equity or reason , lay all tha● tax upon th●ee o● four men alone , and make them bear all the charges of the publick ; ev●n so , although the parliament may erect courts of justice , for the good of the people , to administer law in ●esinitely to all the people of england alike without exe●p●ion of per●ons ; yet they can neither by law , nor reason , erect a court of justice on purpose to try three or four individual persons , and no more because it is against common equi●y , ●● englishmen o● people being all born free alike , and the liberties thereof equally intasted to all alike ; and therefore in common equity and justice , three or four individual persons ought not to be burthened with an iron yoake , when the universal are only b●rthened with a wooden one ; and therefore in this s●●rt is my judgment . that that high court of justice was altogether unlawfull in case th●se that set it up had been an unquestionable representative of the people , or a legall parliament , neither of which they are not in the least ; but as they have managed their business in opposing all their primitive declared just ends , a pack of trayterous , self seeking tyranical men , usurpers of the name and power of a parliament . i say considering with my self some such things as these are , i was something diligent at the beginning of their tryal to see and hear all ; yea and of●en converse● with th●mselve● , but when i came to hear st●ut capel make his defence for himself , ( which was before he had any counsel assigned ) and so gallantly and ac●utely to pl●ad the law , and demand the benefit of it ; which he did as acutely in my judgment , as ever i did hear any ●● an in his own case in my life , alledging fiftly the statu●e of . ed . chap. ● . and cited the very word of those ● notable statuts for his benefit , of the ●●n . chap. . and hen. . chap ▪ . the last of which indemnifies the kings followers i● wars , and also cited the first and second of p. and m. chap. . and pressed therefrom that ●ll treasons should be tryed by the ●●les of the common law and not by ext●a●●din●ry ●ays and means according to the declared laws in being citing the petition of right for the proof of that , looking round about him , and saying i am an english man , and the law is my inheritance , and the benefit of the petition of right my birth right , if so then saith he l●●king upon the president , 〈◊〉 my jury . i see none of my iury , that is to pass upon me ▪ i demand the sight of ●● j●●y legally pannelled , as my right by law , without the verdict o● whom i cannot in law be c●●demned , and when it w●s ●eply●d upon him by the pre●●dent , that the members of the court was the jury ; he most g●●lan●ly and resolu●●ly answered to this effect , i 〈◊〉 you will not deny me the bene●●● of the law , which you ●●etend you have sought this seve● years to maintain : i hope , sir , you will not deny m● the benefit of the declarations of those by whose power you sit : and producing ●●e declaration ( of the pretended house ) made the th f●br . ▪ to maintain the fundamentall lavves of the nation ; he held i● forth , and desired it to be read , which was refused by the president , telling him , they knew it well enough : well then saith he , here 's a declaration made but the other day , whe●ein the parliament declareth , that they are fully resolved to maintain , and shall and will up hold , preserve and keep the fundamental lawes of this nation ; for , and concerning the preservation of the lives , properties , and liberties of the people , with all things incident thereunto ▪ with the alter●tions touching kings , and house of lords already resolved in this present parliament , for the good of the people : and saith he , it is one of the fundamentall liberties of the subjects of this kingdom , to be tryed by juries ; and i hope you wil not deny me the benefit of the parliaments declaration , and so break it as soon as it is made : but all was to no purpose ▪ he must have no jury , but councell , if he would ; at the denyall of which unto him , i confesse my heart was ready to s●●k within me , and my spirit was inwardly fill'd full of fire at these wretched men , whose now decla●ed de●ig●s was cleer to tread under their feet all the liberties of england , notwit●standing a●● their oathes and promises to the contrary ; and then in that ●●y in ●y own thoug●●s i cl●arly bid adieu unto all englands glorious ( amongst men ) lib●●ties and dea●-bought f●eedoms , and much adoe had i in the open court to containe my self f●om an a●●wed d●te●●ation of their a bominable wickednes , my hea●t was so full ; but being withdrawne i was something free in my discourse in all companies i came in ▪ but yet upon the principles of the law and their own declarations , as being almost overwhel●ed to see what i then saw ; and severall discourses i had with the prisone●s , and divers of my books and law pleas , with sir iohn maynards and the foure impeached aldermen i sent them , and much pressed some of them to put their lives upon the hazard of a plea and protestation against the jurisdiction of the court , telling them if they dyed upon that score , they would not only dy as lovers of the king their principall , but also of their country , as brave englishmen in the eyes of the people ; whereas if they stooped finally to their jurisdiction , they might easily perc●ive they were resolved to sacrifice them , and if they so died they dyed upon a poor and begparly score ; ye● in a manner upon the deniall of their own principals ; but the gentlemen having as ●o me appeared , large promises of their lives upon conformity to the jurisdiction of the ●ourt were meerly gull●d thereby of their lives , and could scarce ever beleeve the should dye till the house of death came upon them . and yet notwithstanding this , some of them sent to me , to desire me to be one of their councell , to plead for them in matter of law ; unto whose friends i returned an ans●er to this eff●ct , that i could not be ●o unworthy in my own esti●ation , as to plead any plea they could plead for a justifi●ation of their ●ctions ( though i conf●ssed there were much in law to be said for them ; ●f e●●ally , as the case stood with them ) unlesse it were a plea and protestation against their jurisdict●on ; and so procrastina 〈◊〉 tryall , if it were a possible till a new parliament ; upon whi●h plea , i ●ould willingly have ve●tred my heart blood for th●m , because my int●r●st , and the inter●st of all the free and honest men in en●l●nd was as much concerned in that fa●●ll president of that abhominable and wicked court , a● c●pell or hambleto●s life , &c. was ; but they would not venter there , and so i declined them : and when holland came to it , a lady , and some other of his friends came to me , to my house about hi● ; but i was still upon the same string , yet sent him word of severall particulars , in reference to my tryall and arr●igament at oxford , that was very materiall to his present cause , and if he would call me in the open court , as a witnesse ; he should s●e i would speak my minde freely and effectually , although i smarted for so doing ; and he appointed a day to call me ; whereupon , i went into the court , and conveyed w●rd to him , i was there , but whether his heart failed him or no , i know not , but he never called me ; so when i understood they were all in the way of condemnation , i took the thid part of cooks institutes under my arme to the house doore , and made severall a●pli●●tions to some of their judges , and some parliament men for them , and particularly with colonel temple ▪ governour of the fort near graves end , and del● with him upon their own principals , as the most probablest to doe the prisoners good ▪ and to save their lives , which i confest● i much laboured for , and my discourse with him 〈◊〉 to this ●ffect at the house doore : sir , i beseech you , let me a●k you one question , what 's that saith he ? it is whether you think you● house intend in good earnest to ●ake away the lives of the lord capel & c ? or whether they have only caused them to be condemned in terrorum ? without all controversie said he , they intend to take away their lives , and it is but just they should , and doe not you believe so , no indeed sir doe i not , and ●● you please , i will give you some part of my reasons therefore ; i pray let me have them , well then sir said i , to say nothing of the jurisdiction of the court by which they were tryed ( which is very questionable to me ) no● of the power of a parliament to erect such a one , nor yet of the questionablenesse of the legality of your single house , nor of the clearnesse of the letter of th● law o● their sides ; which now the king being g●ne , might put you o●● of feare of the future power of these men , and make you now 〈◊〉 at your mercy , and you out of fear of present hurt by them ; seriousl● to we●g● the qua●●ell betwix● you and the● in an equall and just balance ; which if you do , i am sure you will 〈◊〉 it very disp●●eable in law , and something in reason too , considering many of you● late actions ; especially if you consider , you● ever avowedly nor throughly stated your cause ; but begun it upon commissions for king and parliament , force ●● people to take the oath of allegiance and supremacy , protestation , and two covenants , ●● all which you force the people to swear to maintain the kings person , crown and greatnesse : and this 〈◊〉 the wars begun , letting all writs and processe of law 〈◊〉 in his name , and thereby your selves m●ke him as it were alpha and omega to the p●ople ; yea , and in severall of your declarations fince the quarrell , you call him the fountain of honour , and averr he can do no wrong : see part book decl. pag. . . all which doings of yours are enough to make men si●● with the king , especially those that have great estates , if it be for nothing but safetie's s●ke alone : but i will la● all these aside , and argue with you more closely , upon principles that you cannot dispute against . . and therefore in the first place , the law of england p●●lished by your selves , saith expresl● , no man of england in things concerning lif● shall be judged tw●●● for one fact ; but if once judiciall● tryed and acquitted , he never more by law can be questioned again for that crime , though indeed and in truth he be never so guilty of it , and though it be never so criminous in it self ; otherwise there would never be end nor safety : and for the proof thereof i then ●ired ● yers case , at the sessions of the peace holden at norwich in the yeer of q●een elizabeth , and the judge● opinions thereupon , which is notably recorded in cooks put institutes chap. . of falsifying of attainders , fol. . and my own case at oxford , which was to this effect : being at the fight at brainford ( which was upon the of novemb. ) taken prisoner in arms against the king and his party , i was carried captive to oxford castle ▪ where not long after my arrivall , the lord dunsmore , the lord matrevers , the lord newark ▪ and the lord a●d●ver came to the castle to me from the king , as they said , and proffered me from himself great matters , so i would crave his ●●don for the treason i had committed against him , in being in arms against him , and fo●sake the traiterous parliament , and return to my obedience ( as they called it ) to the king : but being then as able in my own thoughts , as any private man in england to argue the equi●● and justice of the parliaments cause , i was then knowingly ingaged in by the hopes of the performance of their many gallant promises to make people of england free and happy ( their then only declared a●m and end ) ●nd in whose quarrell i would then have laid down a thousand lives , ( if i had had them ) and for the greatest part of an hour together , by din● of argument , grounded upon law and reason , sc●●ning and 〈◊〉 all 〈…〉 of honour , riches , and greatnesse , i ●eld them in play so ho●ly , that they ●●ll 〈…〉 with me , and gave up their disputing bu●●lers ; t●●eatning to hang me 〈◊〉 for a grand traitor , without any more adoe . at which i laughed , and desired their 〈◊〉 to tell me which way they would go to work to take away my life , now they had given me quarter . well , say they , we have two strings to our bow , and in the first place , we will arraigne you for a traytor , for being the chief or generall of the preuti●●t , that c●●e d●●● to westminster and white hall , and forced the house of p●ers , and drove away the king from his parliament , and so begun the warrs . unto which i replyed , al●sse , my lords , you will be far mistaken there . and i cannot but wonder , that your lordships should so undervalue your own honours and reputations , as so much as once now to mention this . why sirrah ? said one of them . why , my lord ? because your lordships may remember , that the of may , . the king caused warrants to issue out to apprehend me as a traytor for this very thing , and others depending upon it ; and as a traytor i was apprehended by his messengers , one of which that night kept me prisoner as a traitor : and the next morning i being of may , as a traytor i was brought by him to white hall , where , ( a● i remember ) old sir henry vane and mr. nicholas were appointed by the king himself to carry my impeachment to the house of peers , at whose b●r i that day appeared ( not then understanding their jurisdiction ) and was there that day in your way arraigned for my life , and one littleton the lord keepers kinsman , swore most bi●terly against me : but upon further examination of witnesses , and hearing with patie●●● my own defence for my self , i was by your who●e house ( who look●d upon them●elves as the highest judicatory in england ) honourably and nobly 〈◊〉 , a● 〈◊〉 ●●nocent and f●●e of the kings accusation : of which , my lords , ( said i then ) let me plainly tell y●u , if i were guilty , you were a company of ●●righteous and unjust judges for freeing me from that accusation : but , my lords , being judicially tryed therefore , and acquitted by your selves , ( who , if my memory fail me not , i ●aw all at that tryall ) and by your whole house ( then extraordinary 〈◊〉 as ever i saw i● ) who judge your selves the highest judicature in england , i am acquitted thereby ( my lords ) by the law of england , from any more question about that 〈◊〉 , although it should be granted , i was never so guilty of it . unto which they replyed ( to my remembrance ) in these words , a pox on you , for a cunning subtill rogue , are you so cunning in the law , that we cannot lay hold of you here ? but yet for all your parts , we will have you to the gallows , for leavying warr upon the traiterous commands of the parliament against the king● : and here ( ●aid they ) wee are sure the ●aw will reach you . whereupon i was immediately a●ter laid in●●●tons , and brought to the bar before the lord chief justice heath , sir thomas gard●ed recorder of london , &c. and by indictm●●t , a●●o●ding to the rules of the common law , a●r●igned for a traytor for levying war in oxf●●dsh●●e against the king. but my plea to the businesse of w●stminst●r ▪ and the p●enti●●● was admitted for good law ▪ that being once judiciall●●●ed and acqui●ted , i could no more be troubled therefore : neith●r indeed was ● . but according to the punct●li●es of the law , they gave me all the lair play ▪ in the world that the law would allow me , s●ffering me to say for my self at the bar what i pleased , releasing me of my close imprisonment and i●ons , and allowed me pen , ink and paper ( which the jaylor kept from me ) upon my pleading before the judge ; such usages being altogether contrary to law : and that no such usage , ought to be exercised in the least upon any prisoner whatsoever , that w●● 〈◊〉 bea●●ly rude in his imp●●lonment ; and that no supposed ●raitore● 〈◊〉 by law could be put to any pa●● or torm●nt before co●riction . and truly , colonel te●●le , i shou●d be very sorry , and blush for shame , 〈◊〉 considering my ●●rong zeal in the parliaments cause , to see the day that the parliament of england ( a● least th●se that so stile themselves ) that hath pretended so much righ●●●●ness and justice , should be no more just to the covaliers ( against whom they have fought for injustice and and oppression ) in denying them the benefit of the law ●h●n they are in their power and mercy , then the kings jadges were to me , and other of your prisone●● , when their lives were in their power and mercy , in the hight of war , and of their 〈◊〉 prosperity , and yet granted us the benefit of law in all things we claimed it in , as capt. vivers of b●n●ury , arraigned with me , can witnesse as well as my self . now sir , to make application : the parliament not long since , when in its po●e● it was more a●un●●ntly unquestionable then now it is , ( after its new force ) cond●●●●ed capel , hambleton , holland &c. to banishment , for the very 〈◊〉 now to their charge ; an● th●refore in justice and law cannot a second time cause them to be adjudged to die for the ve●y same things . it s nothing to me , nor to the king●om , for you to say , that when that j●dgment pass'd they had so many friends sitting in the house as over-voted the honest common-wealth's-men to the pr●judice thereof ; for the maj●r part is parliament , or else th●re ●s no parliament : therefo●e sir , i reason thus : e●ther that wherein that judgment pass'd was a parliament , or no parliament ; ●if a parliament , then their judgment ( ●s to themselves especially ) was binding , and the benefit of it they ought not to deny to them whose live● are cons●rved in it ; 〈◊〉 it were unjust in it self ●● to the nation : but if you , or any other man shall say , it was no parliament , as having forfeited their trust in treating with the king again , and so their judg●●nt not valid , then with much more confidence say i , this that now fits is no parliament , and so by consequence , the high court of justice no court of justice at all ? and if for then to execute them upon their judgment , is absolute murder . but i would fain see that honest and valiant man in your house that du●st pretest against them for no parliament . but sir , besides this , mark the consequence of it to all we parliamenteers that have acte● under you , and by vertue of your commands , by these proceedings ▪ first , you have sold the bishops lands , and given them th●● bought them , as they suppose , good security for their quiet enjoyment of their p●rchas●s : i , but within a little wh●le after , part of the very same parliament alters their mindes , and being becom●th ma●or part by forcible purgations , illegall new recruits , or by any other ●ricks ●●●●vi●es , and they vote , all those barg●ins are unjust , and the purchasers ought to lose both ●e●r land and m●n●y : where is then that stable security of parliaments ? and yet such doings would be as just as your present dealings with capel , &c. whose preceden● 〈◊〉 a precedent for that , and much more of the same nature . b●t secondly , the sam● parliament that condemded capel &c. to b●nishment , pass'd mul●itudes of compositions with severall cav●lier● , as guilty of t●eason in the 〈…〉 of it , ●s they : and by the same rule●o● now cond●●n capel , & 〈◊〉 ; after you have judged them to banishment , you ●●y adjudge all the compounding c●v●●eers to ●●●ange● , after you have adjudged them to composition , and so put the kingdom ( by 〈…〉 people desperate ) in an everlasting flame that never will have end , bec●●se 〈◊〉 is ●o certainty in any of your proceedings , but are ●s changeable as the wind th●● 〈◊〉 〈◊〉 , thirdly , and most principally it is a common maxim● in law and reason , both , and so declared by your selves , part book declarat . page . that those that shall guide thems●lves by the judgment of parliament , ough● ( what-ever happen ) to be secure and free from all account and penalties . b●t divers honest men ( as you now judge them ) ●ave acted and gu●ded themselves by the judgment of parliament , as they account y●u , in taking away the king's life ; and y●t by your dealings with capel , &c. they are liable to be hanged as ●rayt ●s 〈…〉 a major part of your very house , by force , or other 〈…〉 , shall vote that act 〈◊〉 , and all the actors therein traitors : so that , sir , if i have any judg●●n● in ●●e , by his very single act towards them , you shake the v●ry to●ndation of the validity of all the parliam●nts decrees and judgments at once , and m●ke 〈◊〉 all the se●uri●y and ●ndemnity that those ( in ●q●●ty ) ought to enjoy , that have acted by you commands , a●d guided themselves by the judgment o● parliament : by mea●● of which you will finde in time , you have demolished your own bulwarks , an destroyed your own fences . and for time to come , for my part , i shall be a tho●sand times more wary how i obey all your commands , then ever i was in my life ; se●ing yo● are so fickle and unstable , that no man knows rationally where to find you , or fixedly to what to hold you . but if you shall object ( as some do ) that that judgment of b●nishment was onely in ●●ference to the peace with the king , and that being broke , yo● are absolved from that judgment , and not bound by it . to which i answer no more but this ; that was a judgment upon s●i●ous and solid debate , of long continuance , at the passing of which you acted as individually , and as independently from the king , as ever you did before or since : and therefore in law , justice and c●nscience you ought to stand to it , and make it good to the prisoners concerned in it ; especially , considering they desi●e it . but having in length outstriped an ordinary epistle , and having much matter remaining , j●dging it more then time this that i have here writen to you , should come to publick view , ( although i perish for so doing ) i am forced and necessitated ab●uptly here to break of ; and leave the remaining part for a second part to the same tune if god spare me life and health , and give opportunity , although i be cut in ten thousand peece● therefore ; for if every hair of cromwel , fairfax , irfton , haslerig , bradshaw , and harisons head , were a regiment or legion of armed men , i would by gods ●ssulance in the present righteous cau●e in which they have deeply imba qu●d me , ( by their lawless cruelty and tyranny ) ●ear them no more then so many butterslyes or motes in the sun ; for behold , god 〈◊〉 my salva●●on , i will trast and not be as●aid , fo● the lord jehovah is my strength , and my song , he also is ( long since ) become m● salvation , isa . . . therefore will ● sing ●ejoy●e ●nd b● m●r●y , for he hath fitted me for all manner of deaths ; in inabling me through his strength p●wer and presence , any time this twelve years together to carry my life in my hand , and to be always eve● since in readiness at a quarter of an hours warning to lay it down ; whi●h ● shall ●s freely 〈◊〉 ( as eat ) in t●is just and righteous quarrel , viz. the liberties of the land of my nativities against the apostacies and tyrannies of her most perfidious and treacherous professed friends and the holding out of gods soveraignty amongst the son of m●n , as being that one , single , 〈◊〉 ●lone ( either in heaven or earth ) that is to raign , rule , , govern , and give a law by his will and pleasure to the sons of men ; the absolute workm●nship of his hands or power ; and therefore to thee o cromwel , o fairfax , o ireton , o haslerig , &c. in the power , might and strength of the lord god omnip●tent and almighty , that rai●●s and shall rule for ever and ever ; before whom the 〈…〉 doe quake and tremble ; and before whom you are all of you as inconsiderable 〈…〉 sun , as the dust of the ballance , or the smallest drop of the bucket : to you , i say , in my present condition , as shadrach , meshach and abednego in their great 〈…〉 the outward man , dan . ) said once to your brother tyrans nebuchad●●zz●● ; 〈◊〉 unto you , that for all your power and worldly greatnesse ( with all your 〈…〉 ) that i fear you not , not a●● carefull to answer you in the matter in 〈…〉 us ; for the god whom ( with my soul and body ) i serve ( with uprightness of 〈◊〉 ) is able to deliver me , from the burning fiery fornace , ( your cruell close 〈◊〉 , banishment , dungeons , or death it self ) yea , an ● hewill deliver me out of your 〈◊〉 hands , o ( perfidious cruel ) tyrants . but if he will not , be it known unto you , o ( apostatised ) tyrants , that i will ●● serve 〈◊〉 ( stoop or submit unto you ) nor worship your i doll or golden image that you have set up ( your arbitrary power and unlimited greatnesse . ) but least god should give or permit you a larger power over me then he did the devil over job to murther me before i can write the second part hereof ; therefore i shal now give you the heads of my intentions , and so conclude . first , from the perplexitie of my spirit with the unjust dealings with capel , &c. i left westminster and retired home , resolved in solitarinesse there to abide , whered was grievously tormented with the cryes of poor people who came to me in multitudes for advice in their tedious suits of law , whose complaints without any hopes of remedy that i could give them , made my house a place of torment to me , which forced me to visit westminster againe , where ly , i heard the certainty of husons , whaleys and major bertons desperat height at their councel of wa● at wh●●●hall , at or neer upon the of feb. . to ingage that councel ( vi & ●●●nis ) to pro●ure by cromwels means a law at their pleasure to dispatch me and my honest friends the whalboneers ; which when i examined from friend to friend , and some it to be very true by the attestation of plurality of their own officers , my spirit was all on fire , ( and no lyon o● the army to me then so full of dread , but i durst inco●●●● with ) to consider with my self that all our liberties and large expectations must 〈◊〉 in this , that now our lives must be at the absolute wil and pleasure of a company of bloudy and inhumane butcherers of men , that had served seven yeers apprentiship to that bloudy and wicked trade of cutting of mens throats for money , and nothing else ; who never had kept faith or troth with any sorts of men they dealt with , and yet must now become our accusers , prosecuters , witnesses , parties , jury , judges , and executioners : at the very thoughts of which i was even con●ounded in my spirit , and which justly and throughly ingaged me in the chief managing of the first and second part of englands new chains discovered : the first of which i presented at the commons ba●●e , with a speech to it , the febr. . the second pa●t of which i , &c. had got divers thousands of hands to : the truth of 〈◊〉 ●●ne of which , ( ●or all it s declared treasonable ) i will seal with my heart blood ; and ●●dertake before a new representative ( to whom i hereby again appeal ) to prove every charge in it upon my life . i shall also give the reaso●● wherefore i have flown so high , as i have done , which is , because they have thought ●● just in them to ac●use the king , the supreme magistrate , of treason ; and yet 〈◊〉 thought and declared it treason in me , &c. to goe about the doing of any such thing to mr. oliver , that i will maintain it upon my life , more ( comparatis 〈◊〉 ) legally deserves it then ever the king did ; and yet though i , &c. 〈◊〉 in the very 〈◊〉 that they themselves ( i mean both parliament and army ) 〈◊〉 out unto ●●● : viz. by p●●ition , ( pa●e book declar. pag. , , , , . and armies book , declar. page , , , , , . yea , see page . and you shall there finde in the fifth article , they impeached mr. hollis , sir philip stapleton , and mr. cly●● for traytors , for obstructing and prejudging of publique petitions to the parliament ; and yet they adjudged and 〈◊〉 me , &c. for a traytor therefore , without so much as 〈◊〉 hearing me to speak for my self ; and then after they had condemned me , went about at the kings . bench-bar to try me for my life ; unto whom , if i stooped , i was sure to be gone , being already prejudged : again , i shall also acquaint you with the severall discourses mr. hollan●● , mr. hunt &c. had with me about these businesses , and the large proffers i had from them , yes , and from mr. alexander rigby as the mouth of sir henry mild may the 〈◊〉 agent , who had commission ( as he said ) to proffer ●●e and my comrades ●●ge places and preforments ; so we would sit still , and let the grandces goe on with their work : which i with detestation refused at the house doore , the very forenoon , i was adjudged a treytor , and thereupon the same day in the afternoon , the votes of treason past against me , &c. and my second part of englands new-chairs discovered . and seeing the businesse of scro●●'s men is wrongfully father'd upon me , who never will incite souldiers nor others to declare upon any thing else but our printed agreement of the . may . and that when they do draw their swords against their general , &c. they shall throw away their scabbards , and rather fight with him , then treat with him , without either resolving to give or take quarter ; yet i say , seeing this is put upon my sco●e , i hope i shall evidently make it appear ( comparatie compara●●● ) " that i am able to give in the handred to any champion the generall hath in england , and from scripture , law , reason , and their own declarations , to make their action appear more just 〈◊〉 the generals severall rebellions against the parliament , his creators , and extraordinary good benefactors ; or his rebellion and the parliaments against the king in the love warrs . and lastly , i shall shew the falseness and malignity of the late discoverers designe , of fathering upon me , &c. all the erronicus tenents of the poor diggers at george hill in su●rey , laid down in their late two avowed books , called , the true l●vellors standard , and the new law of righteousnesse , to which they have have annexed their names : the r●ad●r● taking notice of which alone , may be an answer to all that abominable lying late book , called , the discoverer . and so , mr. speaker , thanking you for some late kindnesses in your house , i received from you , i take leave to subscribe my self an honest and true ▪ bred , free englishman ; that neve●● in his life feared a tyrant , nor loved an oppressor . john lilburn . from my close , unjust , and causelesse captivity , without allowance , ( the legall right of all men in my case ) in the tower of london , this . of june . the first yeer of england's declared freedom , by the lying and false pretended conservators thereof , that never intended it . finis . notes, typically marginal, from the original text notes for div a -e * part. book dec. pag. , , , , , , , , , , , . * was this wicked and illegall in the king ? and can your denying my wife ( as in my present imprisonment you have don ) so much as to see me , or speak with me , or bring me food to preserve me alive , be legall , just , and righteous in you ? let god and all righteous men judge betwixt you and ●● in this particular . † as particularly that old guilty traytor sir henry vane , who was one of the principall men that passed that bloody murdering sentence in the star chamber against me , in the yeer : and whose power ( by his crafty machiavel sons interest , young sir henry ) kept me above eight yeers together in suit in the house of commons , that i could not get one dram of justice , or reparation against my star-chamber judges ; although the purfuing of that suit one way and other , cast me above a thousand pound : yet at lest , when i got a● ordinance for li. for reparation ( me from those that did me wrong , but from the common-wealth's sequestrations ) yet in the passing of that ordinance , steps up john blackston in the house , ( one of vane's creatures , for the many thousand pounds sake of the common-wealths money he hath helps him to ) and he gets all confideration of interest for the forbearance of the money , cut off ; so that it would be many yeers before the whole sum abhorted would come in : onely there was a thousand or fifteen hundred pounds worth of wood feld of sir henry gibs in brandsborth park which sir henry vane by his pounds , in the knights absence and mine both , gets an order to possesse , although he hath no right unto it : so that my l. will be well nigh this ten yeers before the annuall rent of the lands allotted will bring it in : which will scarce be use for the principall . of all which usage , when i come out of the north to the citie , ( immediately after the execution of the king ) ● comp●●ined to sir arthur hasterig , ( then my familiar friend ) and begg'd of him to deliver a message for me to lieut. gen. cromwel ; in which i acquinted him step by step , how old 〈◊〉 henry vane had without cause , for this twelve yeers together sought my bloud , and had got a good part of it ; and i knew that litus . gen. cromwel had ( by his son's similiarity with him ) been of late the staffe and stay of the old traytor : and therefore i desired him to tell him , i thought 〈◊〉 had been out-folling enough betwixt cromwel and me already , occasioned by himself ; but for my part , i desire to have no more jarring betwixt us , and therefore did earnestly intreat him to let old henry vane and me alone instand or sall●y our selves : for seeing he would never give over the pursuing of my lifes : i must be forced to have much to his ; for i told sir arthur , i was resolved either to impeach him or indict him for a traitor in betraying all the north of england to the earl of newcastle and sending his magazine of arms to him to newcastle from raby castle , assuring him moreover that if l. g. cromwel would yet protect him , for all his greatnesse ● would try another fall with him , cast i● what it would ; but as if it were the highest treason in the world for any 〈◊〉 in england , but he that is a parliament man , to say that blacks the eye of any man in that house , old sir henry and young sir henry vane are both endeavoured by king nol to be brought in againe to the house ( having been formerly excluded for three quarter cavaleers ) and to be 〈◊〉 members of the new councell of state , and king nol by his beagles at the counsel of war 〈…〉 vote to passe to desire him to get a saw made by the house to authorize that bloudy and 〈◊〉 councell to hang poor peal-garlick or any other that they should judge worthy of 〈◊〉 ; so that here was a fine morse-trap for old and young vane to catch poor john in , not obtained 〈◊〉 doubt of the greatest engagement in the world to be king nols slaves & vassals , to ingage with him , and drive on any interest be would have them , for his so seasonable help of them at this 〈◊〉 great time o● need , against furious iohn ( as they call him ) who in feb. last offered a 〈◊〉 of parliament ( where s. arthur then sate chairman ) upon his life upon the authority of that own ordinances to prove old sir henry & his son sir george vane both traytors , & to ●●y them to transport their souldiers for ireland ( out of their states & their trayterous confederates in the county of durham ) l . and earnestly begd of s. arthur & the committee to 〈◊〉 the house herewith ; but the next news i hear king olivers paws was laid upon poor iohn● 〈◊〉 he and his cozen prince arthur come to burn their fingers before they and john hath 〈…〉 oliver thanke himself , and leave trayterous old sir henry vane and his wicked sons to 〈…〉 their own legs without the help of his crutches the next time . a letter from divers of the gentry of the county of lincolne to his excellency the lord general monck. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing l thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) a letter from divers of the gentry of the county of lincolne to his excellency the lord general monck. albemarle, george monck, duke of, - . sheet ([ ] p.) printed for richard lowndes at the white lion in st. paul's church-yard, london : . [i.e. ] with a declaration desiring a free parliament. the letter is dated febr. ; both letter and declaration were presented to him on feb. [i.e. ]. annotation on thomason copy: "feb: ." reproduction of the original in the british library. eng england and wales. -- parliament -- early works to . great britain -- politics and government -- - -- early works to . lincoln (england) -- history -- th century -- early works to . a r (thomason .f. [ ]). civilwar no a letter from divers of the gentry of the county of lincolne: to his excellency the lord general monck. albemarle, george monck, duke of a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion a letter from divers of the gentry of the country of lincolne : to his excellency the lord general monck . may it please your excellency , wee being strangers to your-person , and failing of the honour to see you in your march south-ward ; when wee might have communicated our thoughts and desires more freely unto you ; are now enforced to represent them in this inclosed declaration , craving your best ayd and assistance for the effecting of what is therein comprised , ( being our just birth-rights ) the defence whereof will be to gods glory , your excellencies great honour , and the peace and happiness of these distressed nations : which is the onely endevour and desire of lincolne febr. . your excellencies most humble servants . the declaration of the gentry , ministers and freeholders of the county and city of lincolne . wee the gentry , ministers , and freeholders of the county and city of lincolne ; being truly sensible of our miseries and grievances , namely , the sad consequents of an intestine war ; the fears of invations from abroad at this time of our distractions and divisions both in church and state ; the violent alterations of government ; the heavy impositions of unheard-of taxes : all which have of late years ruined one trade , and impoverished the whole nation ; and are all occasioned by reason of the many violations and breaches made upon our known established laws , and fundamental liberties : do therefore humbly propose and declare , ( having first met and consulted ) as other counties have done , that the onely remedy for our said grievances will be found in a free full parliament , speedily to be called and assembled ; to sit according to our said known established laws , wherein the votes of all free people of this nation may be included ; since that such onely can have a legal capacity to enact laws and statutes , that may equally bind all the free people of england : and therefore , if any persons ( how ever impowered ) not having the authority of such a parliament , shall take upon them to lay impositions upon the free people of this common-wealth ; or to prescribe , or enjoyn any limitations , restrictions , or qualifications whatsoever , ( not formerly agreed upon in full parliament ; ) wee do declare our selves not oblieged hereto , as being destructive to the true freedome and undoubted priviledges of parliament . [ this letter and the declaration therein inclosed , ( subscribed by thousands of hands ) were presented to his excellency the lord gen. monck , by sir michael armyn baronet , coll. edward rosseter , and john hatcher esq on thursday the th . of february , . ] london , printed for richard lowndes at the white lion in st. paul's church-yard . . the speech of denzill hollis, esquire at a conference with the lords on tuesday the third of august, : in justification of the three last printed votes by the house of commons. holles, denzil holles, baron, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing h ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing h estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the speech of denzill hollis, esquire at a conference with the lords on tuesday the third of august, : in justification of the three last printed votes by the house of commons. holles, denzil holles, baron, - . [ ], p. [s.n.], london printed : . reproduction of original in the british library. eng great britain -- history -- charles i, - . great britain -- politics and government -- - . a r (wing h ). civilwar no the speech of denzill hollis esquire, at a conference with the lords on tuesday the third of august, . in justification of the three las holles, denzil holles, baron a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - jonathan blaney sampled and proofread - jonathan blaney text and markup reviewed and edited - pfs batch review (qc) and xml conversion the speech of denzill hollis esquire , at a conference with the lords on tuesday the third of august , . in justification of the three last printed votes by the house of commons . london printed anno domini . master hollis his speech , on tuesday the third of august , , to the lords , in justification of the three last printed votes by the house of commons . i am cōmanded by the knights , and burgesses , to present unto your lordships their answer to what was proposed yesterday . they take notice of your lordships desire , that a true intelligence may bee kept between the two houses , for so your lordships did expresse it in this they do with all cheerfulnesse concurre with your lordships , as knowing that this sweet conjunction between your lordships and them is the golden chain which bindes up in one gordian knot the strength , the beauty , the happinesse of this kingdom , which so knit together is not to be broken in sunder by the fiercest violence . therefore , who desires to unlinke this chaine , and dissolve this knot , or fails of his part , to the preserving and continuing it fast , and firme , and entire , let the sin of it lie at his doore , nay , let it come into the midst of his house , and consume it let him perish , and his posterity inherit onely his shame . so carefull will the house of commons be to cherish , and maintain , this good correspondencie with your lordships in all things . then for the businesse about which your lordships were then pleased to conferre with them , which was a printed paper you had met with all , as you said , in your house , setting forth some resolutions of the house of commons , concerning which you put unto us these two interrogatories , videlicet , the first , and second votes which were read . die veneris . julij . . that this house doth conceive that the protestation made by them is fit to bee taken by every person that is well affected in religion , and to the good of the common-wealth ; and therefore doth declare , that what person soever shall not take the protestation is unfit to beare office in the church or common-wealth . that the knights , citizens , and burgesses , and barons of the cinque-ports respectively , shall forthwith send down to the severall places for which they serve copies of this vote of the house , concerning the protestation . that these votes shall bee printed and attested under the clerks hand . and not finding this paper attested by their clerke under his hand , they could not judge of it , till they had resorted to his booke where their orders and their votes are entred : where they found their votes concerning their late protestation taken both by your lordships and them , and they found the contents of this paper to agree in terminis with what is entred in their clerks book . then they called to minde what had passed in the house upon that occasion when those resolutions of theirs were voted ; how they had considered of that protestation that it bound all men to defend the religion here established , &c. this they conceived to be a true test of every good subject , a shibboleth to distinguish the ephramits from the gileadites , that whosoever was wel affected in religion , and to the good of the common-wealth would make this protestation : and on the other side who would not make it was not well affected . and such a man , they held it their duties , in discharge of the trust reposed in them by the whole body of the kingdome , all the commons of england , who have set them out as so many sentinels to watch for them , to give them notice of the good or the evill , friends or enemies , comming towards them , they held it i say their duties to declare their opinions , that such a man was not their friend , was unfit to beare any office in church or state , and therefore they passed this vote , that it is a thing fit and necessary to be done by them ; and for such they do avow it . and besides they thought it fit to give an account to those who had employed them , the severall counties and burroughs that sent them , to give them a marke , by which they might know who were goodmen , lovers of their countrey , fit to be entrusted with offices , with the over-sight of any part of church or state : and therefore they gave order this vote should be sent downe unto all the parts of this kingdome . and lastly , that it might be done speedily , and not stay the writing out of so many copies , they gave order it should be printed , and be attested under the clerks hand , with order &c. the coppies of which three orders your lordships have in this printed paper , which the commons assembled in parliament have commanded me to signifie unto your lordships , and that the passing of these votes they doe own , they do avow , they do justifie . finis . monday the first of september, . resolved by the parliament, that whatsoever person or persons have, or shall have in their custody any of the printed papers (entituled, his majesties declaration to all his loving subjects of the kingdom of england and dominion of vvales) be injoyned forthwith to bring the same in to the councel of state, ... england and wales. parliament. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) monday the first of september, . resolved by the parliament, that whatsoever person or persons have, or shall have in their custody any of the printed papers (entituled, his majesties declaration to all his loving subjects of the kingdom of england and dominion of vvales) be injoyned forthwith to bring the same in to the councel of state, ... england and wales. parliament. sheet ([ ] p.) printed by john field, printer to the parliament of england, london : . title from caption and opening words of text. order to print signed: hen: scobell, cleric. parliamenti. with engraving of parliamentary seal at head of document. reproduction of the original in the british library. eng charles -- ii, -- king of england, - . -- his majesties declaration to all his loving subjects of the kingdome of england and domininion of wales -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no monday the first of september, . resolved by the parliament, that whatsoever person or persons have, or shall have in their custody any england and wales. parliament. a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion blazon or coat of arms incorporating the commonwealth flag ( - ) monday the first of september , . resolved by the parliament , that whatsoever person or persons have , or shall have in their custody any of the printed papers ( entituled , his majesties declaration to all his loving subjects of the kingdom of england and dominion of vvales ) be injoyned forthwith to bring the same in to the councel of state , the lord major of the city of london , or the next iustice of peace ; who are to cause the same to be burnt by the hand of the common-hangman : and that all such persons who have or shall have any of the said papers , and shall disperse or publish the same , or shall not bring in the same as aforesaid , shall be proceeded against according to the laws in such case provided . resolved by the parliament , that this vote be forthwith printed and published . hen : scobell , cleric . parliamenti . london , printed by john field , printer to the parliament of england . . an excellent receipt to make a compleat common-wealth-oleo, or (if you please) a new senate fitted to the english-man's palate this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing p ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing p _cancelled wing e b estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : or : ) an excellent receipt to make a compleat common-wealth-oleo, or (if you please) a new senate fitted to the english-man's palate prynne, william, - , attributed name. sheet ([ ] p.) s.n., [london: : ?] attributed to william prynne by wing but not included in an exact catalogue of all printed books and papers ... by william prynne, , or in the ms. additions made by william herbert to his copy of the catalogue (now in mh-h)--mh-h. a satire in the form of a medical prescription. imprint from wing. item at reel : identified as wing p (entry cancelled). reproduction of original in the folger shakespeare library. eng political satire, english -- early works to . great britain -- politics and government -- - -- humor -- early works to . broadsides -- england -- london a r (wing p ). civilwar no an excellent receipt to make a compleat common-wealth-oleo, or, (if you please), a new senate fitted to the english-man's palate prynne, william a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - judith siefring sampled and proofread - judith siefring text and markup reviewed and edited - pfs batch review (qc) and xml conversion an excellent receipt to make a compleat common-wealth-oleo , or ( if you please ) a new senate fitted to the english-man's palate . recipe . halfe a dozen turks with turbants on their heads , and cimitars by their sides , all well purg'd of dross and impurities by moonlight ; one hundred jews circumcised secundum artem , fourty arabians stuck with spices of all kinds ; ten new-england men ; fifty pyrats ; eight excise-men , nineteen geneva-men , three jesuits , thirty quakers , one and fifty anabaptists , lantch't in fair river water , threescore independents ; a quarter of a pound of john lilburn's bones beaten into fine powder and sear'd , the better to unite with the rest ; whereunto adde an ounce of oyle of saint-john's-wort , a drachme of the scrapings of the divell 's cloven foot ; five spoon-fulls of the marrow of old oliver's nose ; half a committee man ; two gallons of aquafortis , seventy scot's haslets , together with a kilderkinfull of hugh peter's sighs and tears , evaporated into water in an alembiqu ' made of an organ-pipe ; you may throw in ( if you see cause ) a barrell or two of gunpowder , ( the whitest is best ) a firebrand lighted at both ends , and one grain of quicksilver , and ( to keep all from blowing up ) twenty or thirty redcoats ( according to discretion ) and lastly for the better relishing of the oleo , a pispot full of alderman atkins's perfume , you need not trouble your selfe to go to the apothecaries for it , the best is sold by tom turd about pancridg church fields : to all these add but one scruple of eternity to make it last for ever . put all these materials together into a great mortar made of all the bells in england , scotland , and ireland ; beat them well together till they become incorporated into a strong body , then set them over a gentle fire , till they become just lukewarm , and no more : take it off from the fire , let it coole , and keep it for use . the vertues . 't is excellent good to purge the nation to skin and bones : it agree's very well with the common-wealth's men's appetite , but rises in the cavaliers stomack ; for which cause they , and the presbyterians had best refrain it : the spaniard would like it well if he might have a finger in the dish ; the frenchman would love it beyond his nicest kiékshawes . 't is good against poverty . an excellent restorative for broken fortunes . it forces men out of gaoles to preferments . but you must know that 't is also very dangerous for some constitutions ; for it makes some peoples heads fall off from their shoulders , others dye upon a gibbet , and sends many an one a pickpack to the divell : upon which consideration i have thought fit to set down a necessary preparatory or course of physick which every man ought to run who intends to be rightly qualified that he may feed sweetly on it , find it concoct rightly , and turn to his proper nourishment , the onely use it was intended for . the method to be us'd by our patient . first you must abstain from reading divinity books , and hearing sermons three years , when you have done so , you must go to rome and take orders there ; when you return you must shift your cloathes to the very skin , and put on any habit you please but a papist's , then you must preach one twelve-moneth which being duely observed , take but the quantity of an hasle-nut of the following pill for a fortnight , together without intermission , and you are right . recipe . the pill : of hypocrisy scruples ; self-denying one drachme ½ of impudence ounces , religion . q. s. powder of a sear'd conscience lb : water of orphan's tears rundlet full ; church-lands as much as you can get ( for that 's a scarce commodity , and almost all bought up ) lb : ¼ of the rust of a weathercock , ℥ of atheisme to role up the pill to make it go down with the lesse obstruction . make all but the last drugg into a masse ; take of it ( as i said before ) the proportion of an hasle nut every morning next your heart , for the space of time above mentioned , and you may partake freely of the oleo , and yow l find your self after a little use fit to make an ingredient in such another when that 's spent . probatum erit . the speech of james duke of queensberry, &c. his majesties high commissioner to the parliament of scotland, on tuesday the twenty one day of may, . queensberry, james douglas, duke of, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing q estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the speech of james duke of queensberry, &c. his majesties high commissioner to the parliament of scotland, on tuesday the twenty one day of may, . queensberry, james douglas, duke of, - . broadside. s.n., [edinburgh : ] imprint suggested by wing. reproduction of original in the harvard university library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng great britain -- history -- william and mary, - . great britain -- politics and government -- - . scotland -- history -- - . - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - megan marion sampled and proofread - megan marion text and markup reviewed and edited - pfs batch review (qc) and xml conversion the speech of james duke of queensberry , &c. his majesties high commissioner to the parliament of scotland , on tuesday the twenty one day of may , . my lords and gentlemen , the care and concern which his majesty expresses in his letter , for the welfare and prosperity of this kingdom , must needs be satisfying to all of you : and as a further evidence of it , he had certainly held this session in person , if his other necessary affairs abroad had not deprived us of that happiness . his majesties accession to the throne was the most seasonable and acceptable deliverance , that ever happened to a nation ; and the maintaining those blessings he then procured us , has ever since been the chief design of his reign . you see his majesty is firmly resolved to preserve your religion , laws and liberties , and the presbyterian government of this church , as it is established ; and is desirous , not only that you fall upon the most effe●tual methods for preventing the growth of popery , and discouraging vice and immorality : but that you also provide , what may be further needful for the increase of piety and learning . the king gives you such convincing reasons for new supplyes , for maintaining the troops , that little needs be added to inforce so visible a necessity , most of his allayes are involved in the present commotions , and his and our enemies ready to lay hold on every opportunity : and therefore his majesty is confident , that you will chearefully continue that dutiful regard you have ever showen to his service and your own safety . his majesty is very sensible of the misfortunes and disappointments that has happened to us , in the matter of trade ; and therefore has instructed me , to concur in any thing that may promote and encourage trade in this nation : and i do so particularly know his majesties good mind , in this matter , that i can give you assurance of obtaining any thing that shall be reasonably proposed . you have likewise now the opportunity of making what new laws may be judged needful , for the better securing and settling your civil rights , as also for the encouraging of industry and manufacturies . relieving the poor , and supplving what else may be found wanting : so that his majesty having done so much on his part , it is not to be doubted , but that you will do all that 's proper on yours , to bring this session to a happy conclusion . my lords and gentlemen , it is his majesties pleasure , that i should have the honour to represent his royal person in this session of pa●liament . i am not insensible of my own unfitness , but the assurance i have of his majesties goods intentions towards this kingdom , and the assistance i confidently expect from you. who has given so great and constant proofs of your loyalty and zeal for his majesties service , encouraged me to undertake this weighty trust , which i am resolved to discharge with all possible firmness and fidelity to his majesty , and affection and integrity to my countrey . to the honovrable hovse of commons now assembled in parliament the humble petition of the knights, gentlemen, ministers, freeholders, and other inhabitants of the county of dorset. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing t ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing t estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) to the honovrable hovse of commons now assembled in parliament the humble petition of the knights, gentlemen, ministers, freeholders, and other inhabitants of the county of dorset. england and wales. parliament. broadside. [s.n.], london : [i.e. ] reproduction of original in the harvard university library. eng dorset (england) -- politics and government. dorset (england) -- history. great britain -- politics and government -- - . a r (wing t ). civilwar no to the honovrable hovse of commons now assembled in parliament. the humble petition of the knights, gentlemen, ministers, freeholders, and o [no entry] a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - elspeth healey sampled and proofread - elspeth healey text and markup reviewed and edited - pfs batch review (qc) and xml conversion to the honovrable hovse of commons now assembled in parliament . the humble petition of the knights , gentlemen , ministers , freeholders , and other inhabitants of the county of dorset . sheweth , that notwithstanding the indefatigable pains of this honourable house , for the redresse of all the grievances of this kingdom ( which your petitioners do with all humble and possible thankfulnesse acknowledge ) they do to their grief observe by your late remonstrance , that by reason of the obstructions of your proceedings in the house of peers by the popish lords and prelates , your godly endeavours want their desired effect : distractions and fears encrease amongst us more and more ; the kingdom is not yet put into such a posture of defence , as these dangerous times require ; the rebels in ireland prevail to the extream hazard of that kingdom , for want of speedy supplyes ; the very priviledges of parliament ( our dear and undoubted right ) have been very much impeached . and besides these common evills , your petitioners conceive themselves above others in other counties , in speciall , endangered . first , by fear of forraign invasion , which we ground upon continuall rumours , tending to that purpose , and upon the situation of this county in a sort inviting , it being champion , and bordering on the sea . secondly , by the now more then usuall flocking together , and posting up and down of papists , especially by night , together with their contemptuous and insolent carriage . thirdly , by the dangerous consequences that may result from the present decay of the trade of clothing ( the main support of the poor of these parts . ) and lastly , after all these imminent dangers , by being lest almost wholly destitute of means to prevent them ; for since the late removall of the last lievtenant , we have no captains appointed over our trained bands to draw them together upon occasion , or to discipline them in the mean time . all these weighty considerations enforce us to make our instant addresse to this honourable house , humbly craving the continuance of your uttermost endeavours for the removall of that obstructive party from the house of peers ; and that our poor distressed brethren in ireland may be forthwith assisted , and the whole kingdom ( especially this county speedily put into a posture of defence , by setting fit and able captains over the trained bands , and furnishing them with lawfull power to exercise and train their companies ; as also by appointing the leavying of more arms in supply of those many that were carried away and lost in the northern expedition . which shall engage and enable your humble petitioners ( as our duty and your deserts obliege us ) for the defence of his majesties royall person and dignity , and the persons and priviledges of this great councell of parliament , with our dearest lives and estates . and move us to pray , &c. febr. . london , printed . die martis, aug. . . it is this day ordered by the commons assembled in parliament, that master speaker shall have power to grant passes to such as shall desire to come in ... england and wales. parliament. house of commons. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing e ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) die martis, aug. . . it is this day ordered by the commons assembled in parliament, that master speaker shall have power to grant passes to such as shall desire to come in ... england and wales. parliament. house of commons. sheet ([ ] p.). s.n., [london : ] title from caption and first lines of text. imprint suggested by wing. includes "die lunæ . martii, . it is this day ordered by the commons assembled in parliament ..." reproduction of original in the henry e. huntington library. eng great britain -- politics and government -- - . broadsides -- england -- th century. a r (wing e ). civilwar no die martis, aug. . . it is this day ordered by the commons assembled in parliament, that master speaker shall have power to grant pass england and wales. parliament. house of commons a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - john pas sampled and proofread - john pas text and markup reviewed and edited - pfs batch review (qc) and xml conversion die martis , aug. . . it is this day ordered by the commons assembled in parliament , that master speaker shall have power to grant passes to such as shall desire to come in , with limitations of ten dayes for them to come in ; and that the guards shall be injoyned to bring the said persons to master speaker , immediately upon their coming to the ports or forts ; and that he shall send them forthwith to the committee of goldsmiths hall , and habberdashers hall : and that master speaker shall appoint duplicates to be kept of all such passes as he shall so grant . h. elsynge , cler. parl. d. com. die lunae . martii , . it is this day ordered by the commons assembled in parliament , that the above mentioned order of this house , inabling master speaker to grant his passe to delinquents to come in , shall be printed and published ; and it is referred to the committee at goldsmiths hall , to compound with such persons , as shall so come in to the parliament upon that passe , for their delinquency , and report their fines to the house for their approbation . h. elsynge , cler. parl. d. com. iter boreale attempting somthing upon the successful and matchless march of the lord generall george monck, from scotland, to london, the last winter, &c. veni, vidi, vici. by a rural pen. wild, robert, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing w c). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing w c estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) iter boreale attempting somthing upon the successful and matchless march of the lord generall george monck, from scotland, to london, the last winter, &c. veni, vidi, vici. by a rural pen. wild, robert, - . , - p. printed on st george's day, for george thomason, at the rose and crown in st pauls church-yard, london : . a rural pen = robert wild. in verse. text and register are continuous despite pagination. reproduction of original in the university of illinois (urbana-champaign campus). library. eng albemarle, george monck, -- duke of, - -- poetry -- early works to . great britain -- politics and government -- - -- poetry -- early works to . a r (wing w c). civilwar no iter boreale. attempting somthing upon the successful and matchless march of the lord generall george monck, from scotland, to london, the l wild, robert b the rate of defects per , words puts this text in the b category of texts with fewer than defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - daniel haig sampled and proofread - daniel haig text and markup reviewed and edited - pfs batch review (qc) and xml conversion iter boreale . attempting somthing upon the successful and matchless march of the lord generall george monck , from scotland , to london , the last winter , &c. veni , vidi , vici . by a rural pen . london , printed on st george's day , for george thomason , at the rose and crown in st pauls church-yard . iter boreale . attempting somthing upon the successful and matchless march of the lord generall george monck , from scotland to london , the last winter . i. the day is broak ! melpomene be gone ; hag of my fancy , let me now alone : night-mare my soul no more ; go take thy flight ; where traytors ghosts keep an eternal night ; flee to mount caucasus , and bear thy part with the black fowl that tears prometheus heart for his bold sacriledge : go fetch the groans of defunct tyrants , with them croke thy tones ; go see alecto with her flaming whip , how she firks nol , and makes old bradshaw skip : go make thy self away . — thou shalt no more choak up my standish with the blood and gore of english tragedies : i now will chuse the merriest of the nine to be my muse , and ( come what will ) i 'll scribble once again : the brutish sword hath cut the nobler vein of racy poetry . our small drink times must be contented , and take up with rhymes . thy're sorry toys from a poor levites pack , whose living and assessments drink no sack . the subject will excuse the verse ( i trow ) the ven'son's fat although the crust be dow , ii. i he who whilcom sat and sung in cage my kings & countries ruines , by the rage of a rebellious rout : who weeping saw , three goodly kingdoms ( drunk with fury ) draw and sheath their swords ( like three enraged brothers ) in one anothers sides , ripping their mothers belly , and tearing out her bleeding heart ; then jealous that their father fain would part their bloody fray , and let them fight no more , fell foul on him , and slew him at his dore . i that have only dar'd to whisper verses , and drop a tear ( by stealth ) on loyall herses , i that enraged at the times and rump , had gnaw'd my goose-quill to the very stump , and flung that in the fire , no more to write but to set down poor britains heraclyte ; now sing the tryumphs of the men of war , the glorious rayes of the bright northern star , created for the nonce by heaven , to bring the wisemen of three nations to their king : monck ! the great monck ! that syllable out-shines plantagenet's bright name or constantin's . 't was at his rising that our day begun , be he the morning star to charles our sun : he took rebellion rampant , by the throat , and made the canting quaker change his note his hand it was that wrot ( we saw no more ) exit tyrannus over lambert's dore : like to some subtile lightning , so his words dissolved in their scabbards rebels swords : he with success the soveraign skill hath found , to dress the weapon , and so heal the wound . george , and his boyes ( as spirits do , they say ) only by walking scare our foes away . iii. old holofernes was no sooner laid , before the idols funeral pomp was paid , ( nor shall a penny ere be paid for me ; let fools that trusted , his true mourners be . ) richard the fourth , just peeping out of squire , no fault so much as , th' old one was his sire ; for men believ'd — though all went in his name , he 'd be but tennant , till the landlord came : when on a sudden ( all amaz'd ) we found the seven years babel tumbled to the ground ; and he , poor heart , ( thanks to his cunning kin ) was soon in querpo honest dick agen . exit protector . — what comes next ? i trow ▪ let the state-hunsmen beat again . — so-ho cries lambert , master of the hounds , — here sits that lusty puss , the good old cause , — whose wits shew'd oliver such sport ; that , that ( cries vane ) let 's put her up , and run her once again : she 'l lead our doggs and followers up and down , whilst we match families , and take the crown . enter th'old members ; 't was the month of may these maggots in the rump began to play . wallingford anglers ( though they stunk ) yet thought , they would make baits , by which fish might be caught ; and so it prov'd ; they soon by taxes made more money then the holland fishing trade . iiii. now broke in aegypts plagues ( all in a day ) and one more worse then theirs ; — we must not pray to be deliver'd : — their scabb'd folks were free to scratch where it did itch ; — so might not we . that meteor cromwell , though he scar'd , gave light ; but wewere now cover'd with horrid night : our magistracy was ( like moses rod ) turn'd to a serpent by the angry god . poor citizens , when trading would not do , made brick without straw , & were basted too : struck with the botch of taxes and excise ; servants ( our very dust ) were turn'd to lice ; it was but turning souldiers , and they need not work at all , but on their masters feed . strang catterpillers eat our pleasant things ; and frogs croakt in the chambers of our kings . black bloody veins did in the rump prevail , lik the philistims emrods in the tayle . lightning , hail , fire , and thunder aegypt had , and england guns , shot , powder , ( that 's as bad ) and that sea-monster lawson ( if withstood ) threatned to turn our rivers into blood . and ( plague of all these plagues ) all these plagues fell not on an aegypt , but our israel . v. sick ( as her heart can hold ) the nation lies , filling each corner with her hideous cries ; sometime rage ( like a burning fever ) heats , anon dispair brings cold and clammy sweats ; she cannot sleep , or if she doth she dreams of rapes , thefts , burnings , blood , & direfull theames , tosses from side to side , then by and by her feet are laid there where the head did lie : none can come to her but bold empiricks , vvho never meant to cure her , but try tricks : those very doctors who should give her ease , ( god help the patient ) was her worst disease . th' italian mountebank vane tels us sure , jesuites powder will effect the cure : if grief but makes her swell , martin & nevil conclude it is a spice of the kings evil . bleed her again , another cries ; — and scot saith he could cure her , if 't was — you know what : but giddy harrington a whimsey found , to make her head ( like to his brains ) run round . her old and wise phisitians who before had well nigh cur'd her , came again to th' dore . but were kept out — which made her cry the more , help , help , ( dear children ) oh! some pitty take on her who bore you ! help for mercy sake ! oh heart ! oh head ! oh back ! oh bones ! i feel they 've poyson'd me with giving too much steel : oh give me that for which i long and cry ! something that 's soveraign , or else i dye . vi . kind cheshire heard ; and like some son that stood upon the banck , straight jump'd into the flood , flings out his arms , and strikes some strokes to swim , booth ventur'd first , and midleton with him , stout mackworth , egerton , and thousands more , threw themselves in , and left the safer shore ; massey ( that famous diver ) and bold brown forsook his wharfe , — resolving all to drow , or save a sinking kingdom : — but , o sad ! fearing to lose her prey , the sea grew mad , rais'd all her billowes , and resolv'd her waves should quickly be the bold adventurers graves . out marches lambert , like an eastern wind , and with him all the mighty waters joyn'd . the loyal swimmers bore up heads and breasts , scorning to think of life or interests ; they ply'd their arms and thighs , but all in vain ; the furious main beat them to shore again ; at which the floating island ( looking back , spying her loyal lovers gone to wrack ) shriekt lowder then before , — and thus she cries , " can you ye angry heavens , and frowning skies , " thus countenance rebellious mutineers , " vvho if they durst , would be about your ears : " that i should sink , with justice may accord , " vvho let my pilot be thrown over-board ; " yet 't was not i ( ye righteous heavens do know ) " the souldiers in me needs would have it so : " and those who conjur'd up these storms themselves , " and first engag'd me 'mongst these rocks & shelves , " guilty of all my woes , erect this weather , " fearing to come to land , & chusing rather " to sink me with themselves . — o! cease to frown , " in tears ( just heavens ! ) behold ! my self i drown : " let not these proud waves do 't : prevent my fears , " and let them fall together by the ears . vii . heaven heard , & struck th' insulting army mad , drunk with their cheshire tryumps , straight they newlights appear'd ; and new rosolves they take , had a single person once again to make . who shall be he ? oh! lambert , without rub , the fittest divel to be belzebub . he , the fierce friend , cast out o' th' house before , return'd , & threw the house now out of dore : a legion then he rais'd of armed sprights , elves , goblins , fairies , quakers , & new lights , to be his under-divels ; with this rest he soul and body ( church and state ) possest : who though they fill'd all countries , towns , & rooms , yet ( like that fiend that did frequent the tombs ) churches , and sacred ground they haunted most , no chappel was at ease from some such ghost . the priests ordain'd to exorcise those elves , were voted divels , and cast out themselves : bible , or alchoron , all 's one to them , religion serves but for a stratagem : the holy charms these adders did not heed , churches themselves did sanctuary need . viii . the churches patrimony and rich store , alas ! was swallowed many yeares before : bishops and deans we fed upon before , they were the ribs and surloyns of the whore : now let her legs ( the priests ) go to the pot , ( they have the pop's eye in them ) spare them not : we have fat benefices yet to ear , ( bell , and our dragon-army must have meat ) let us devour her limb-meal , great & samll , tythe calves , geese , pigs , the pettitoes & all : a vicaridge in sippets , though it be but small , will serve a squeamish sectary . though universities we cann't endure , ther 's no false latine in their lands ( be sure . ) give oxford to our horse , and let the foot take cambridge for their booty , and fall to 't . christ-church i 'll have ( cries vane ) disbrow swops at trinity ; king 's is for berry's chops ; kelsey , take corpus chrifii ; all-souls , packer ; carve creed , st iohn's ; new colledge , leave to hacker ; fleetwood cries , weeping maudlin shall be mine , her tears i 'll drink insteed of muscadine : the smaller halls and houses scarce are big enough to make one dish for hesilrig ; we must be sure'to stop his mouth , though wide else all our fat will bei'th ' fire ( they cry'd : and when we have done these , we 'l not be quiet lordships , and landlords rents shall be our diet . thus talk'd this jolly crew , but still mine host lambret , resolves that he will rule the rost . xi . but hark ! me thinks i hear old boreas blow , what mean the north winds that they bluster so ? more storms from that black nook ? forbear ! ( bold scot ) let not dunbar and worcester be forgot : what ? would you chasser w' us for one charls more ? the price of kings is fall'n , give the trade o're . and is the price of kings and kingdoms too , of laws , lives , oaths , souls , grown so low with you ? perfidious hypocrites ! monsters of men ! ( cries the good monck ) we 'll raise their price agen . heaven said amen ; and breath'd upon that spark ; that spark ( preserv'd alive i' th' cold and dark ) first kindled and enflam'd the brittish isle , and turn'd it all to bonfires , in a while : he and his fewel was so small , no doubt , proud lambart thought to tread , or piss thē out . but george was wary ; — his cause did require a pillar of a cloud as well as fire : 't was not his safest course to flame , but smoak ; his enemies he will not burn , but choak : smal fires must not blaze out , lest by their light they shew their weakness , and their foes invite : but furnaces the stroutest mettals melt ( and so did he ) by fire not seen but felt : dark-lanthorn language , and his peep-boe play , will-e-wispt lambert's new-lights out o' th' way . george , and his boys , those thousand ( ostrange thing ) of snipes and woodcocks , took by lowbelling . his few scotch-coal kindled with english fire , made lambert's great newcastle heaps expire . x. scotland , ( though poor , and peevish ) was content to keep the peace , and ( o rare ! ) mony lent ; but yet the blessing of their kirk was more ; george had that too ; and with this slender store he & his mirmidons advance — kind heaven prepar'd a frost to make their march more even , easie , and safe ; it may be said that year of th' high-ways , heaven it self was overfeer , and made november ground as hard as may ; white as their innocence , so was their way : the clouds came down in feather-beds , to greet him and his army , and to kiss their feet . the frost and foes both came and went together , both thaw'd away , and vanish'd god knows whither . whole countries crowded in to see this friend , ready to cast their bodies down , to mend his road to westminster ; and still they shout , lay hold of th' rump , and pull the monster out : a new one , or a whole one ( good my lord ) and to this cry the island did accord . the eccho of the irish hollow ground heard england , & her language did rebound . xi . presto — iack lambert , and his sprights are gone to dance a jigg with 's brother oberon : george made him , and his cut-throats of our lives , swallow their swords , as jugiers do their knives . and carter disborough to wish in vain , he now were waggoner to charls his wain . the conquerour is now come into th' south , whose warm air is made hot by every mouth ; breathing his wellcome , and in spight of scot , crying , — the whole child ( sir ) divide it not . the rump begins to stink ; alas ! ( cry they ) w' have rais'd a divil which we cannot lay ; i like him not — his belly is so big , there 's a king in 't , cryes furious hesilrig , let 's brib him ( they cry all ) carve him a share of our stoln venison . — varlet , forbear , in vain you put your lime-twiggs to his hands gorge monck is for the king , not for his lands . when fair meanes would not doe , next foul they try , vote him the city scavenger ( they cry ) send him to scowr their streets — well , let it be , your rumpships wants a scowring too ( thinks he ) that fonl house where your worships many year have laid your tayl , sure wants a scavenger : i smell your fizle , though it make no crack , you 'ld mount me on the cities galled back , in hope she 'l cast her rider : if i must upon some office in the town be thrust , i 'll be their sword-bearer - and to their dagger i 'll joyn my sword : — nay ( goodrump ) do not swagger : the city feasts me , and as sure as gun ) i 'll mend all englands commons e're i 've done . xii . and so he did : one morning next his heart he goes to westminster , and play'd his part , he vampt their boots ( which hewson ne're could do ) with better leather , and made them go upright too . the restor'd members ( cato like no doubt ) did only enter that they might goe out , they did not mean within those vvalls to dwell , nor did they like their company so well : yet heaven so blest them , that in three weeks space they gave both church and state a better face , they gave booth , massey , brown , some kinder lots ; the last years traytors , this years patriots : the churches poor remainder they made good , and wash'd the nations hands of royal blood , and that a parliament ( they did devise ) from its own ashes ( phoenix-like ) might rise ; this done , by act and deed that might not fail , they past a fine , and so cut off th' entail . xiii . let the bells ring these changes now from bow down to the countrey candlesticks below , ringers hands of ; the bells themselves will dance in memory of their own deliverance : had not george shew'd his mettle , and said nay , each sectary had born the bell away : down with them all , they 'r christned ( cry'd that crew ) tye up their clappers , and the parsons too ; turn then to guns , or sell them to the dutch , nay , hold ( quoth george ) my masters , that 's too much ; you will not leap o're steeples thus , i hope , i 'll save the bells , but you may take the rope . thus lay religion panting for her life , like isaac , bound under the bloody knife ; george held the falling weapon , sav'd the lamb : let lambert ( in the briars ) be the ram . so lay the royal virgin ( as 't is told ) when brave st george redeem'd her life , of old . oh that the knaves that have consum'd our land , had but permitted vvood enough to stand to be his bonfires ; — vve'd burn every stem , and leave no more but gallow-trees for them : xiv . march on , great heore ! as thou hast begun , and crown our happiness before th'ast done : vve have another charls to fetch from spain , be thou the george to bring him back again : then shalt thou be ( what was deny'd that knight ) thy princes , and the peoples favourite . there is no danger of the winds at all , unless together by the ears they fall , who shall the honour have to waft a king , and they who gain it , while they work , shal sing . me-thinks i see how those tryumphant gales , proud of the great employment , swel the sails ; the joyfull ship shal dance , the sea shall laugh , and loyal fish their masters health shall quaff ; see how the dolphins croud & thrust their large and scaly shoulders , to assist the barge : the peacefull kingfishers are met togother about the decks , and prophesie calm weather , poor crabs & lobsters are gone down to creep and search for pearls and jewels in the deep ; and when they have the booty — crawl before and leave them for his welcome to the shore . xv . methinks i see how throngs of people stand scarce patient till the vessel come to land , ready to leap in , and if need require with tears of joy to make the waters higher : but what will london do ? i doubt old paul with bowing to his soveraign will fall . the royall lyons from the tower shall roar , and though they see him not , yet shall adore : the conduits will be ravish'd , and combine to turn their very water into wine : and for the citizens , i only pray they may not overjoy'd all dye that day . may we all live more loyal and more true , to give to caesar and to god their due . we 'l make his fathers tomb with tears to swim , and for the son , we 'll shed our blood for him : england her penitential song shall sing and take heed how she quarrels with her king . if for our sins — our prince shall be misled , we 'll bite our nails rather then scratch our head . xvi . one english george out-weighs alone ( by odds ) a whole committee of the heathen gods ; pronounce but monck , and it is all his due ) he is our mercury , mars , and neptune too . monck ( what great xerxes could not ) prov'd the man that with a word shackled the ocean ; he shall command neptune himself to bring his trident , and present it to our king . oh do it then great admiral . — away , let him be here against st george's day ; that charls may weare his dieu et mondroit , and thou the noble garter'd honi soit . and when thy aged corps shall yeild to fate , god save that soul that sav'd our church and state : there thou shalt have a glorious crown , i know , who crown'dst our king and kingdoms here below . but who shall find a pen fit for thy glory ? or make posterity believe thy story . vive st george . a second vvhy not or eight queries, made to the parliament, from the people of england, being the supream power thereof in . freize, james. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing f e thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) a second vvhy not or eight queries, made to the parliament, from the people of england, being the supream power thereof in . freize, james. sheet ([ ] p.) printed by i.g. for i.b. and i.f. and are to be sold by g. lindsey at london-stone, [london] : . signed at end: iames frese. place of publication from wing. annotation on thomason copy: "septemb. ". reproduction of the original in the british library. eng england and wales. -- parliament -- early works to . great britain -- history -- commonwealth and protectorate, - -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no a second vvhy not. or eight queries, made to the parliament, from the people of england, being the supreame power thereof in . freize, james. b the rate of defects per , words puts this text in the b category of texts with fewer than defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion a second vvhy not . or eight queries , made to the parliament , from the people of england , being the supream power thereof in . whether this nation shall be a free people , according to magna charta , ( now regained with such a vast expence of treasure , and effusion of blood ) and according to our trust reposed in you , and your solemn deep ingagements , vows , and promises , made to us , to make us a free people ? and why not yet performed by you , according to your promise made to us , since the kings death ? and if a free-state . why not our persons acquitted of imprisonment , and wee a free-people . ii. whether you intend to passe the nationall act for liberty or not , and to take off all capias for arrests , that so we the people of england may be secured from trouble in our personal liberties and thereby inabled freely to follow our callings and endeavours for livelihood ? and why not , seeing it is our just birth-right ? iii. whether this nation shall still be enslaved in their estates , personal liberties , and lives , to the present corrupt , delatory , chargeable practises of the law , and to the cruel , impious ( unparalel'd ) mercenary instruments of the same ( by whom thousands of this nation have been ruined and destroyed ) even by lawyers and goalers ? and why so , seeing they are cruell , abominable and wicked ? iiii. whether you intend to prefer the impious flourishing state of an inconsiderable number of corrupt judges , and mercenary lawyers , and cruel murthering goalers ( enemies to englands liberties ) before the just liberties , peace , and welfare of this great nation ? and why so ? seeing he that treadeth in their pathes , shall never have peace nor rest , ier. . , . and by whom ; god , truth , justice , mercy , life , estate , rights and liberties , are sold for mony dayly . v. whether iustice shall be freely administred to all ( both rich and poor ) the oppressed relieved , with full satisfaction and reparation for their wrongs sustained , and the imprisoned set free , so , as their persons may not be still subject to imprisonment every two or three dayes , or as often as their malicious cruel adversaries shall think meet so to do ? and when , after eight yeers expectation ? contrary to isa. . , . psal. . , , , , . vi . whether the creditors , according to magna charta , shall be enabled to reap due and real satisfaction for their just debts , out of the real and personall estates of all able debtors , in the two third parts thereof ( intailed lands also not exempted ) without any tedious jugling , chargeable delatory tricks in the law ? and why not , rather then lawyers and goalers to rob both them , and the debtors ? the one of his debt , and the other of his liberty , and to the hinderance of sea-men in navigation . vii . whether all persons by you intrusted with many millions of the national treasure , ( and by them perverted ) shall be called to a just and strict account for the same , whereby the souldiery may be duly satisfied , and this whole nation eased and acquitted from the unsupportable burdens of all the several great taxes , and daily plunders , wherein the souldiery is made to appear the actors , ( conceived to be done by the speaker and lawyers ) meerly to render the souldiers the more odious and detestable to this whole nation ( a subtile contrivance , to imbrue the nation againe into a sea of blood through the dayly increase of all the peoples heart-burnings against you , and the souldiers ? and why not , that so knaves may be known ? viii . whether you intend to abolish tithes , restore the rights of the poor , call a new representative , provided , that all mercenary lawyers be exempted from coming up to westminster for iustice ; but every man to have justice administred at his own doore , as in the dayes of king edward , and king alfred , who hanged up county iudges in one yeere , for taking bribes , and passing false judgement ; and edward the fourth who hang'd goalers in one yeere for exacting monies from prisoners ; and the law practised in our english tongue , in some brief expedicious way , without any delatory ( heats , fees , or bribes , ( as now used ) according to the command of god , the present practise of all other nations in the world where more iustice is to be had for eight pence , then here in our land for . l. and why not unjust things abolished ? finally , our desires are . that because there is a far greater number of able honest consciencious understanding men in every of our cities , counties , hundreds . towns and villages that are able to judge and determine all controversies between a man and his neighbor better then any of those instruments of contention , the lawyers . ( englands cankerworms ) whose nature and profession is to fish in troubled waters , and to make the wound of contention deeper and far larger , rather then to cure it , that therefore they may no ways be thought fit to decide any controversie in iudgement , nor to sit in our national assemblies , but to be expunged and expelled the house of parliament , even as the bishops , lords , and iudges were before them ? and why not the power of such serpents destroyed , and quite confounded , confounded , yea accursed of god and abhorred of men let all them be , that appeare in their defence , or stand up for their support , why not ? amen . by iames frese marchant . printed by i. g. for i. b. and i. f. and are to be sold by g. lindsey at london-stone . . notes, typically marginal, from the original text notes for div a e- isa. . , isa. . , , , , , , ● , , , . by the king, a proclamation concerning ale-houses england and wales. sovereign ( - : james i) approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a stc estc s ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) by the king, a proclamation concerning ale-houses england and wales. sovereign ( - : james i) james i, king of england, - . [ ] p. by bonham norton and iohn bill ..., imprinted at london : m. dc. xviii [ ] caption title. "giuen at newmarket the nineteenth day of ianuary in the sixteenth yeere of our raigne ..." imprint from colophon. includes "articles of direction, touching ale-houses." reproduction of original in the henry e. huntington library and art gallery. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng hotels -- law and legislation -- england. bars (drinking establishments) -- law and legislation -- england. taverns (inns) -- law and legislation -- england. proclamations -- great britain. great britain -- history -- james i, - . great britain -- politics and government -- - . - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion honi soit qvi mal y pense royal blazon or coat of arms ❧ by the king. ¶ a proclamation concerning ale-houses . whereas for the suppressing of the great disorders daylie vsed in ale-houses and uictual-houses , many good and wholesome lawes and orders haue beene deuised , which haue not taken such effect as wee desired , because the same haue not beene so duely executed as they ought to be . wee haue therefore appointed certaine patentees to take knowledge thereof , and to compell the ale-house-keepers licensed , to keepe good orders , by pressing them vpon the penalties of their recognizances , taken to our vse ; in the proceeding wherein wee are also informed that the recognizances taken for that purpose , in most counties of our realme ( being the onely tye wee haue vpon that lawlesse kinde of people ) are either altogether defectiue , or not duelie certified , so that these vnruly persons still remaine at libertie : and that there are diuers of them that take authoritie to themselues to keepe ale-houses , as though they were licensed , and yet are not : both which sorts wee are desirous to drawe into better order , and to that purpose wee haue caused certaine articles of direction ( bearing the date hereof ) to bee published , which hereby wee streitly will and commaund to bee executed by such as the same shall any wayes concerne , and as they will giue an accompt vnto us when wee shall require it . and because wee would not haue our subiects that dwell in parts remote from our city of london to bee ouertrauelled hereabout , and all to bee drawne hither to our sayd citie : wee haue giuen order to the pattentees , taking the allowance of our chiefe iustice of the kings bench , to appoint committees from time to time , such as shal bee knowne to bee of experience and integrity to prosecute in those more remote counties , such forfeitures as shall growe due vnto us by the sayd recognizances . giuen at newmarket the nineteenth day of ianuary in the sixteenth yeere of our raigne of great brittaine , france and ireland : anno dom. . ¶ by the king. ¶ articles of direction , touching ale-houses . first , that the iustices of peace of euery county , citie , or towne corporate within this kingdome , and the dominion of wales , doe once euery yeere in the moneths of april and may , assemble themselues , either at a speciall sessions , or such other meeting as they shall appoint for that purpose ( respecting the ease and conueniencie of the people of the countrey ) and there call before them or any two of them ( whereof one to be of the quorum ) all such persons as doe sell ale or beere by retayle in any place ( aswell within libertie as without ) within such county , citie , or towne corporate ▪ and then and there taking true certificate , and information from men of trust ; who be persons of honest conuersation , and who not . and to giue licence to such persons , as they in their discretions shall thinke meet , to keepe common ale-houses , or uictualling-houses , within the places where such persons dwell . that in the licensing of the sayd uictualers , and ale-house-keepers the forme of the recognizance , hereafter following , and the condition thereunto annexed be vsed and none other . memorandum , quod anno regni dom. nostri iacobi , dei gratia regis angliae , franciae , & hiberniae fidei defensor . &c. & scotiae coram iusticiarijs dicti dom. regis ad pacem in comitat. praedict . conseruand . &c. manuceperunt pro victular . viz. vterque manucaptor . praedict . sub poena quinque librar . & praedict . assumpsit pro seipso sub poena x. li. quas concesserunt , &c. sub conditione sequent . the condition of this recognizance is such , that whereas the aboue bounden is admitted and allowed by the said iustices to keepe a common ale-house , and victualling-house , vntill the first of april next ensuing the date hereof , and no longer , in the house wherein hee now dwelleth , at in the sayd county of and not elsewhere in the sayd county . if therefore the sayd shall not , during the time aforesayd , permit or suffer , or haue any playing at dice , cardes , tables , quoits , loggets , bowles , or any other vnlawfull game or games in his house , yard , garden , or backside ; nor shall suffer to bee or remaine in his house any person or persons ( not being his ordinary houshold seruant ) vpon any sabbath day , or holy day , during the time of diuine seruice or sermon : nor shall suffer any person to lodge or stay in his house aboue one day and one night , but such whose true name and surname he shall deliuer to some one of the constables , or in his absence to some of the officers of the same parish the next day following , vnlesse they be such person or persons as hee or shee very well knoweth , and will answere for his or their forth-comming ▪ nor suffer any person to remaine in his or her house , tipling or drinking , contrary to the law ; nor yet to be there tipling or drinking after nine of the clocke in the night time , nor buy or take to pawne any stollen goods ; nor willingly harbour in his sayd house , or in his barnes , stables or other-where , any rogues , vagabonds , sturdy beggers , masterlesse men , or other notorious offendors whatsoeuer : nor suffer any person or persons to sell or vtter any beere or ale , or other victuall by deputation , or by colour of his or her license . and also if he shall keepe the true assise and measure in his pots , bread , and otherwise , in his vttering of his ale , beere and bread ; and the same beere and ale to sell by scaled measure , and according to the assise , and not otherwise . and shall not vtter or sell any strong beere or strong ale aboue the peny the quart , and small beere or small ale aboue a halfe-peny the quart , and so after the same rates . and also shall not vtter nor willingly suffer to be vttered , drunke , taken , and tipled any tobacco within his said house , shop , cellar , or other place thereunto belonging , that then , &c. that euery alehouse-keeper and uictualler so to be licensed , doe enter into recognizance with two able sureties to be bound in fiue pounds a peece , & the principall ten pound at the least for the performance of the condition of the said recognizance , which shall endure but for one whole yeare , and then to determine , vnlesse it shall seeme fit to the iustices of peace to renew ●he same againe by taking a new recognizance of the same condition : and whatsoeuer date the recognizance shall haue , it is to indure but vntill the said monthes of aprill and may , or one of them . that the clerkes of the peace , towne clerkes , or their deputies respectiuely bee called to attend the iustices of peace at such their meetings or assemblies , and that they doe there take the recognizances aforesaid of euery uictualler or alehouse-keeper licensed , and doe duely enter them amongst the records of the sessions of the peace in their charge , whereby his maiestie may bee duely answered of the forfeitures that shal be made of the parties so bound . that the clerkes of the peace and towne-clerkes aforesaid , or their deputies shall within some conuenient time after the taking of the said recognizances , faire engrosse the recognizance and condition in parchment , which they shall keepe as the originall , and send a true copie of the said recognizance examined with the said originall , to euery alehouse-keeper allowed , whereby he may the better enforme himselfe what he and his sureties are bound to obserue . that the clerkes of the peace , and towne-clerkes or their deputies doe write out and bring with them to euery sessions of the peace , or other meeting of the iustices , a register booke conteyning the true names , surnames and places where euery alehouse-keeper or uictualler that is licensed doth dwell , to the end it may appeare to the iustices of the peace who be licensed , and by whom , and who be not , and what other alterations haue beene from time to time for the placing of men of honest and good conuersation , and displacing others of ill behauiour . that the clerkes of the peace and towne clerkes , and their deputies may take of euery alehouse-keeper for their fee , for performing of the seruices aforesaid at the time of the acknowledgement of the said recognizances , the fee of eighteene pence and no more , ouer and aboue the fee of twelue pence allowed for the iustices clerkes by the statute , which shal be paide to the said iustices clerkes . that in case the alehouse-keeper not knowing of the iustices meeting , or being hindred by sicknesse or other such like impediment shall faile of admittance at the generall or publike assemblies , and shall notwithstanding bee admitted or licensed by two iustices of the peace ( whereof one to be of the quorum ) the recognizance with condition faire engrossed in parchment in the forme prescribed as aforesaid shall forthwith or at the next sessions at the furthest be returned to the clerkes of the peace , or the towne-clerkes respectiuely vnder the hands of the iustices , before whom such recognizance was taken , together also with the said fee of eighteene pence for the entring , registring , making and deliuering of a copie vnder his hand to the alehouse-keeper as aforesaid . that none be licensed or allowed to keepe an alehouse that hath not one conuenient lodging at least in his or their houses , for the lodging of any passenger or traueller , and to haue alwaies in her or their houses good and wholesome small beere or ale of two quarts for a peny , for the reliefe of the laborer , trauailer or others that call for the same . that the iustices of peace within their seuerall precincts , doe not permit or suffer any vnlicensed alehouse-keeper , or uictualer , to sell beere or ale , but that they proceed against them , by all due and lawfull meanes whatsoeuer : and that they be very carefull , from time to time , to cause the brewers to be proceeded against , in their generall and quarter sessions , for deliuering beere , or ale , to such vnlicenced persons , according to the statute in that case prouided . that the clerkes of the peace , and towne-clerkes respectiuely doe once euery yeere , in trinitie terme , make and bring in a briefe , of all such recognizances , as shall be taken within euery county , citie , and towne corporate , into the office of the patentees ( appointed by them for that purpose ) to the end all concealements of recognizances , taken in that behalfe , may be discouered ; and the benefit accruing vnto his maiestie , by such as wilfully breake the same , may bee more duely prosecuted : of which , that his highnesse be not defrauded , order is giuen to the patentees that with the allowance of the chiefe iustice of the kings bench , there be appointed committees in euery countie , for the recouerie thereof , from time to time . that the iustices of assise in their circuits , and iustices of peace , at their generall sessions of the peace , doe from time to time , enquire of the due execution of these presents , and of all other abuses , disorders , and misdemeanors whatsoeuer , committed , or suffered , against the prouisions aforesaid , and the true meaning of them . giuen at newmarket the ninteenth day of ianuary , in the sixteenth yeere of our reigne of great brittaine , france and ireland . . god saue the king. ❧ imprinted at london by bonham norton and iohn bill , printers to the kings most excellent maiestie . anno. m.dc.xviii . by the king, a declaration having already signified our pleasure to call a parliament ... it is our royal purpose to endeavour a legal establishment of an universal liberty of conscience for all our subjects ... england and wales. sovereign ( - : james ii) approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing j estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) by the king, a declaration having already signified our pleasure to call a parliament ... it is our royal purpose to endeavour a legal establishment of an universal liberty of conscience for all our subjects ... england and wales. sovereign ( - : james ii) james ii, king of england, - . broadside. printed by charles bill, henry hills, and thomas newcomb ..., london : . "given at our court at whitehall, the one and twentieth day of september, , in the fourth year of our reign." second part of title taken from first seven lines of text. reproduction of original in the harvard university library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng liberty of conscience -- great britain. great britain -- history -- james ii, - . great britain -- politics and government -- - . broadsides -- england -- london -- th century. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - elspeth healey sampled and proofread - spi global rekeyed and resubmitted - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion i r diev et mon droit honi soit qvi mal y pense royal blazon or coat of arms by the king , a declaration . james r. having already signified our pleasure to call a parliament to meet at our city of westminster in november next , and writs of summons being issued out accordingly ; lest those , whose right it is to choose members of parliament , should lye under any prejudices and mistakes through the artifices of disaffected persons : we think fit to declare , that as it is our royal purpose to endeavour a legal establishment of an universal liberty of conscience for all our subjects ; it is also our resolution inviolably to preserve the church of england , by such a confirmation of the several acts of uniformity , that they shall never be altered any other ways , then by repealing the several clauses , which inflict penalties upon persons not promoted or to be promoted to any ecclesiastical benefices or promotions within the meaning of the said acts , for using and exercising their religion contrary to the tenor and purpose of the said acts of uniformity . and for the further securing not only the church of england but the protestant religion in general ; we are willing the roman catholicks shall remain incapable to be members of the house of commons , whereby those fears and apprehensions will be removed , which many persons have had , that the legislative authority would be engrossed by them , and turned against protestants . we do likewise assure all our loving subjects , that we shall be ready to do every thing else , for their safety and advantage , that becomes a king , who will always take care of his people . and if they desire the happiness of their country ; we exhort them to lay by all animosities , and dispose themselves to think of such persons to represent them in parliament , whose abilities and temper render them fit for so great and good a work. and for the preventing of any disorders , irregularities or undue proceedings whatsoever , that may happen either before or at the time of election of members for the ensuing parliament , we do hereby strictly require and command all mayors , sheriffs , bailiffs , and other officers whatsoever , to whom the execution of any writ , summons , warrant or precept , for or concerning the choice of members for the ensuing parliament shall belong , that they cause such writ , summons , warrant or precept , to be duly published and executed according to the tenor thereof : and the members , that shall be chosen to be fairly returned , according to the true merits of the choice . given at our court at whitehall the one and twentieth day of september , . in the fourth year of our reign . god save the king. london , printed by charles bill , henry hills , and thomas newcomb , printers to the kings most excellent majesty . . monday, june . two votes concerning the king, and queenes houses and lands. proceedings. - - . england and wales. parliament. house of lords. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) monday, june . two votes concerning the king, and queenes houses and lands. proceedings. - - . england and wales. parliament. house of lords. sheet ([ ] p.) printed by john bill and christopher barker, printers to the kings most excellent majesty, london : . annotation on thomason copy: "june ". reproduction of original in the henry e. huntington library. eng crown lands -- law and legislation -- england -- early works to . great britain -- history -- charles ii, - -- early works to . great britain -- politics and government -- - -- early works to . broadsides -- england -- london a r (thomason .f. [ ]). civilwar no monday, june . . two votes concerning the king, and queenes houses and lands. england and wales. parliament. house of lords a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion cr diev et mon droit honi soit qvi mal y pense royal blazon or coat of arms monday , june . . two votes concerning the king , and queenes houses and lands . ordered by the lords in parliament assembled , that a stop , and stay be forthwith made of all wastes , in any the houses , timber , or woods standing , and being , in , or upon any the lands , part of the queens majesties ioynture , in whose hands soever the same are ; and that all wood and timber which have been felled off any of the said lands , at any time since the day of aprill last , whether remaining upon the said lands , or removed off the lands , to any other place or places , shall so remain , and continue , without further disposall , till the parliament shall give speciall order therein . and all persons concerned are required to take notice hereof , and to observe the same accordingly , at their perills . ordered by the lords in parliament assembled , that a stop , and stay be forthwith made of all wastes , in any the houses , timber , or woods , standing , and being , in , or upon any the lands , belonging to the kings majesty , in whose hands soever the same are . and that all wood , and timber which have been felled off any of the said lands , at any time since the of aprill last , whether remaining upon the said lands , or removed off the lands , to any other place or places , shall so remaine , and continue , without further disposall , till the parliament shall give speciall order therein . and all persons concerned are required to take notice hereof , and to observe the same accordingly , at their perills . die martis . die junij , . ordered by the lords in parliament assembled , that these two orders be forthwith printed and published . jo : browne cleric : parliamentorum . london , printed by john bill and christopher barker , printers to the kings most excellent majesty . . pyrgomachia; vel potius, pygomachia or, in cleane english, the castle-combat. performed; by iames fencer, and william wrastler. at nine of the clock of the night of the ninth day of the ninth moneth of the ninth yeare of the reigne of our soveraigne lord king charles. recorded by the ninth of the nine muses, in the ninth part of nine weekes: and devided into nine files. gower, john, master of arts. approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a stc estc s this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) pyrgomachia; vel potius, pygomachia or, in cleane english, the castle-combat. performed; by iames fencer, and william wrastler. at nine of the clock of the night of the ninth day of the ninth moneth of the ninth yeare of the reigne of our soveraigne lord king charles. recorded by the ninth of the nine muses, in the ninth part of nine weekes: and devided into nine files. gower, john, master of arts. [ ] p. printed [by augustine mathewes] for robert milbourne, london : . in verse. signed on e v: iohannes gower. the words "iames .. wrastler" are bracketed together on the title page. printer's name from stc. signatures: a-f⁴. running title reads: the castle-combat. reproduction of the original in the british library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng great britain -- politics and government -- charles i, - . - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - elspeth healey sampled and proofread - elspeth healey text and markup reviewed and edited - pfs batch review (qc) and xml conversion pyrgomachia ; vel potius , pygomachia . or , in cleane english , the castle-combat . performed ; by iames fencer , and william wrastler . at nine of the clock of the night of the ninth day of the ninth moneth of the ninth yeare of the reigne of our soveraigne lord king charles . recorded by the ninth of the mine muses , in the ninth part of nine weekes : and devided into nine files . london , printed for robert milbovrne . . the combat is thus ranged into files , or orders . file . the place , and climate . . the quarrell , and vapour . . the challenge , and resolution . . the field , and march. . the search , and sadnesse . . the encounter , and weapon . . the parly , and parting . . the retreat , and triumph . . the reward , and honour . the castle-combat . prologvs . my muse the fights of puling gnats , the strifes of leather-winged batts , the duells twixt the weazells and the rats rejecteth : shee mounts on pegasaean wings , and , streining up her vocall strings , to sing of worthies , not of chitter lings , affecteth . with any slight pygmaean elfe , or such poore base aejected pelfe shee scornes below to creepe , and crawles , her selfe bemudding ; but chaunts of champions grandiside , as tall , as bigg , as long , as wide , whose stomacks are as piping hot , being tri'd , as pudding . assist yee heliconian traine , powre out your liquors on my braine : that i may utter from a flowing veine sad dangers . helpe phoebus . one's a friend of thine . for hee sells a aganippine wine , and hangs a soaring b bird out for a signe to strangers . file i. the place , and climate . it much behoves ( as sages tell ) to know where great , or wise men dwell , and where their virtues , and exployts befell . renowned . among the c saxons of the east , there hath been many a nobles nest , and roman garrisons of yore did rest entowned : who there did fixe their foot so long , they left some spawne of courage strong : which , being spread the natives all among , is fruitfull . hence is it , that so many are or fighters in the forts of warr , or with their neighbours strive in courts of jarr , still suitfull . within this climate , on that ground , where hop-crop hopes are ( mostly ) sound , a village stands , which fresh-sprūg a coln doth bound , and border . t was bravely govern'd , while by it great b oxford in his tow'r did sit . alas ! now c constable-church warden wit keeps order . it had of old a market day , untill the charter crept away : yet love by tale is daily sold ( they say ) by many . they follow busie legall strife : and yet profession is their life , and in good works ( for sooth ) they are as rife , as any . for who , but they , could plot so well foure superstitious d bells to sell ? one left doth ring a solitary knell . i' th steeple . the chancell hath a school-house bin , where boyes have shown their penall skin , the sniv'ling clark doth line * by line begin to 'th people . the greater part are deft precise i' th nose , and lips , and eares , and eyes , and in conceit , & language wondrous wise : yea truely . some others , on the other hand , are of the rash-swash-fellowes band , and may be well proclaim'd , if duely scan'd , vnruly . not that it is wild wanton wast of wine , to take a short repast . a modest muse sometime may sipp a tast of claret . but helter skelter drawing deepe till reason winke , and play bo peepe , till roaring rage rude revel-rout do keepe : o barr it . on both hands here ( & where , where not ? ) are seene some faults . 't is humane lot . my pens black sope in scouring thē may blot a little . the towne is view'd . you aske the name i call it onely heningam . for now what needs prefixing to the same the title ? file ii. the quarrell and vapour . heere valiant iames with billy met : at juice of bacchus both were set , till jocky's pot-sows't braine was soking wet with liquor . with more good fellows in that throng , they quafft , & troul'd the wine bowls strōg , when ioviall jockey grew in wit and tongue the quicker . he gan to vaunt , and trumpet out , and blaze his martiall acts so stout , and famous combats , he had bravely fought with mighties ; and said , his manifold renownes were witnest by all hills and downes , and all the faires , and greatest market towns , and cities . as big , as hee , did billy look , ( as good a man ) and could not brook his mountain-termes , but him to task betook , and girded ; thou braggadocio ; thou ( quoth hee ) dar'st thou doe any thing with mee ? th' art nothing but tongue-courage , now i see , to word it : you brag , and boast , and make such cracks to us , of your exployts , and acts , as if wee did not know of your great facts at weapon . t' is but thy trick thus in a house all-man ; to let thy tongue run loose : but in the field , thou dar'st not face a goose , or capon . at these tearmes elephantine james , with his two armes ( like polyphemes ) pot-fashion by his side , ( frō 's nostrill streames a vapour ) sets his officiall * cap upright ; stands like a steeple tip-toe-height ; at billy puffs , as hee had been as light , as paper . thou fight with me ? thou campingball ? by this * cathedrall beard , i shall slice thee to shreds , and chippifie thee small , as chaff old : i tell you , sauce , i scorne to flout , but thou shal't find mee true , and stout ; before k. james , i james his name-sake fought o th' scaffold ; for when the great mogul came o're , and challeng'd all on england's shore , my country's credit had for evermore bin undone ; had i not entertayn'd him there , at sharp , before both prince , and peere , and sent him home-ward with a flea in 's eare from london . when i did serve great buckingham , a lozell rascall at mee came , with his long forke , & layd on with the same devoutly ; but i , that never knew dismay , drew my short blade , and spoil'd his play , struck up his heeles , and took his tooles away most stoutly ; the dukes acquaintance then i grew , who ever since that time me knew . you cannot chuse but know this to be true : 't is voyc't so a great reward to mee hee gave , for this exploit perform'd so brave : but from his office turn'd away the knave deboyc't so . when thou art challeng'd to a place , thou dar'st not looke a foe i' th face , but hang'st an erse ; and like a coward base do'st linger : but see the wounds , the scars , and blowes , this corps hath had , by devilish foes ; see one , for many ; and with that he shewes c no-finger ; when halfe a score at least , i weene , fell on me , with their falchions keene , with roman resolution i have beene the first on 't ; and laid about me stroaks so smart , that gall'd the rascals to the heart , and gave them all e're they and i did part the worst on 't : know sr ; that for my courage bold , i did the place of martiall hold ; to a worthy knight , my name stands there enroll'd , no peasant ; and when to scotland charles our king , on progresse went , but for one thing , i 'de gone the voyage with that roy all ring most pleasant ; st edmond's bury never failes , to give iames honour , since with hailes , i plaid that prize ( t is knowne these are no tales i tell yee ) for while the varlet made much chat , that he could doe , i know not what , i made his heeles to mount ; and laid him flat on 's belly ; yet fairely then i let him rise , to feast spectators , with a prize of iames-es playing . at me hot he flies , but shuffel'd then i , for all his pelting rage , did quickly turne him off the stage ; iames ha's the day , cry'd all the equipage o th' scaffold ; hundreds came in mee to embrace : and happy hee could have the grace to get a look from conquering jame-es face , to talk on : and as i went along the street , the boyes were ready mee to meet , and strow greene rushes underneath my feet to walk on . gaites , * at new-market court did dare to strike brave james a box o' th eare : but i soone put him in a panick feare for 's errour ; like hercules that gyant fell , when he drew cerb'rus out of hell , i drag'd him roaring from his lurking cell , in terrour ; for downe the stayres i straight did pull , spite of his nose , the sawcy gull , the while he cry'd , and bellow'd like a bull , for pardon . toth ' presence-chamber then the slave i brought : there pitty he to crave fell downe on 's knees ; while i stood like a grave church-warden ; and whilst my breast w th wrath was fill'd ; for halfe an how'r , and more he kneel'd to me ; beseeching i would please to yield some mercy : my lords , for him did interceed ; that i would pardon his bold deed ; ( sure his long kneeling on his joynts did breed the farcy ) yet i a challenge him did write , if hee with mee could dare to fight , to meet mee at the * devill 's ditch ; but try 't he would not . for knowne it was , the court about , i had fou'r mighty duels fought ; that with a whole skin come off safe ; hee thought he could not . this wife i have , and the other too , when they my valour once did know , were taken with me , cause i slash't it so profoundly ; and should iugg dye ; before the spring , i yet could have a dainty thing ; that mee a hundred pound a yeare would bring ; and roundly . let iames but ride through any towne , in all this kingdome ; iames is knowne , by all good fellowes , living up and downe the county . to welcome me , f one pawnes his mare ; another doth a goose prepare ; another his best sack doth pierce , and share , with bounty . when thou in london walk'st , forlorne , the car-men thee to greete doe scorne ; vncouth thou goest to evening from the morn with sorrow ; the great lord mayor , if he see my noted person , speakes to me ; come james , and welcome , dine with us he saith to morrow ; there 's ne're a lord about the court , but i to him have free resort , and boldly speak in earnest , or in sport my pleasure ; let any lawyer see but me , though he be taking of a fee ; my sight will make him instantly to be at leisure : most of the gentry in the land , whom i with feats of armes have man'd , still call me master , lead me by the hand to dinner . i tell thee ( boy ) my conquering sword , hath made me generally ador'd , more then befits ( now i speake this proud word a sinner . this man doth talke , as he were wild , ( quoth will ) we know you are no child ; were not you he , that once * a royster foild in pigscote ? in my conceit ( nor doe i faine ) had you but met him , you had slaine , in duell that victorious knight of spaine don quixot . were i a fencer though , like thee , to let one baste , and cudgell me , and then arrest him for a batterie , would shame mee : hee cry'd you mercy for the harme , but who was it his hands did charme ? the arme of iustice , not the vengefull arme of iamy . the fame , and fume of you is blowne , ( i know 't ) all over bury towne , that dainty tricke of tayle-strong iames is knowne to all men : an hasty pudding once you lay'd in your friend's shirt ; and then affray'd tooke to your heels ; in that you cleanly play'd the tall man ; beside you play'd the man , and ha'fe , when * harry with a walking staff did bast your buff-skin ; then did you come off with credit : or then , when * iohn ( you wel know wher ) struck up your heels , and laid you there disarmed ; then you did the deed , if e're you did it . file iii. the challenge ; and resolution . iames to the bottome stirr'd , a score of teeth doth grate at him , and more ; and with a demi-cannon oath doth roare like thunder ; flyes at him like a tyget fierce , his very visage , sharp , did pierce like vinegar ; the rest could keep them scarce asunder ; tell'st thou me ( dogs-nose ) in this wise , that i was baffel'd once , or twice by hal , and jack ? thou whorson cockatrice , thou camell ; this foot of vengeance here shall kick thy guts out ; send thy soule down quick to hell ; or make thee fawne upon me , like a spanniell . will , not so wordy was ; but needs he would with james have bin at deeds ; strike slave ( qd . he ) i le beat thee smal , as weeds to porridge . meet mee ( quoth jocky ) if thou dare ; ( quoth billy ) i will , any where , to morrow morning : i doe scorne to feare thy courage . to morrow ? if thou dar'st to night : for thou shalt never see day-light ; besides , in day time , my swords glittering sight will fright thee : had i a weapon here , c as thou , since th' art so hot on 't ; i would goe , ( quoth will ) to night , and make thee darely know i slight thee . is that thy way to shift ? ( quoth he ) i 'le lend thee d one , to fight with me : thou , & such friends shall have that courtesie and favour ; with that he fetch 't two bilbo blades hand-broad ; they would have digg'd like spades , and served pioners in their earthen trades to labour . was it your fortune e're to eye , the tooles of bevis , or sr. guy ? such were these blades , w th which stern iames would try the duell . nor could the company perswade , with all intreats ; and reasons ayd , iames , fierce , and furious , resolute , unstayd , and cruell ; sirrah ( he roares ) mark what iames saith , ask me forgiveness while th' hast breath ; or else i 'le make thee with a dolefull death to rue it . first , i will cullendrize with holes , thy bull-thick hide , so good for soles ; then slice thee thin , as rashers on the coales , or sewet : thy head i 'le from thy shoulders take , and of thy scull a piss-pot make : and that same tongue , that now so much doth crake , i 'le smoak it ; which i for start-up heeles will weare : thy braines , i 'le pickle in dead beere , or sowrest hog-wash ; mark my words , and feare , i 've spoke it ; then will i souse thy cheeks and eares , provant for hungry customers , when they come here , to wash away their e teares with flagons : thy flesh i 'le slice in serverall parts , and have it try'd by kitchin arts for greazing-stuffe , to liquor wheeles of carts , and wagons . thy thred , poore billy , now is spun : for e're that i with thee have done , i 'le hew thee small , as atomes in the sun , or powder ; or make thee run away most base , or yeeld thy weapon in the place , and say th' hast bin before thy betters face too proud here . dost thou so well provide for me ? mark how i have dispos'd of thee , ( quoth will ) and tremble : for of certaintie i le do it ; when i have hack't , and hewed thy tun-carkass , and thy ghost let fly out of that carrion-dungeon , thus will i bestow it ; i 'le cut thy head off by the neck , and make thy scull a standard peck ; ( for 't is a large one ; ) and a chaine shall deck the vessell . those black locks from that pate i le teare , and have them woven for a haire to dry my * hops ; thy armes & legs shal reare a tressell . that nose of thine i 'le give some smith , to serve him for a horn , where with to give iades med'cines , through their halter'd teeth , and drenches ; that face i on a crotch will rayse a gastly vizard ; pyes and iayes to scare from plumtrees ; or to fright young boyes and wenches : then from thy flesh i 'le draw thy hide , and have it throughly tann'd , and dry'd whit-lether-like ; thy trunck will i devide to parcells ; and with thy flesh i 'le cram my a dogs , thy panch , and guts i 'le give my b hogs , which they shal draw , about the moores & c bogs in morsells ; thy bones at scales the boyes shall teare , or ( cause they full of d shaking are ) i 'le have them cut out , into dice six-square , to play with ; that tongue of thine will i confer , upon some alminack-maker ; some bragging souldiar , or some traveller , e to lye with . thus blustring in confronting tearmes , sworne to each other's deadly harmes , to hack , and hew , hands , legs , heads , sides , and armes , and hanches ; with just as much of wit , as sight , they through the darkness of the night , went out , with their high stomacks fill'd up quite , and panches . file iv. the field ; and march. a field there is ; wherein doth stand a castle , now lack-daw'd ; not man'd ; and soothly never by a humane hand erected ; for old king coël ( tales do tell ) when first he built that warlike cell , consulted with the smoaky pow'rs of hell collected : this king was tall ; * gygantick vast , his foot was of the largest last ; 't is everlasting ; i have summ'd , and cast the measure ; a yard in longitude , no more , twelve inches broad : upon the tow'r , o'th'leads you still may see the shape at your owne pleasure ; his leg was correspondent . some affirme , his boots did hold a coome : this king in such a deale of leathern roome did trample . 't is said , some broken cobbling wretch , to set up's trade , them home did fetch , nor did the leather to his conscience stretch so ample ; a many rumors old , and new , and , i think , more believ'd , than true , are blaz'd abroad of this great king. did you ne're heare it ? like hawk , or buzzard at his game , this king could fly in th' ayre ( sayes fame ) james will not only justifie the same , * but sweare it ; whither hee flew in th' ayre , or no , i 'm sure he dived very low into the earth , how deep no man doth know ; t's'admired ; yet this may be concluded , by his fabrigs deep ground-work ; if fly he could not ; yet at least he very high aspired : besides by black-art , like a mole , he under ground did work a f hole : wherese're his corps is , i think yet his soule doth haunt it ; by which he had a ready way to play the cater ; and convey for all his souldiers food enough , e're they did want it ; for when the danes had over-run the land , this fort they set upon , resolv'd to slay , or ever they had done , or sterve them ; but through this vault there was such store of g victuals brought , that they threw ore food to the foe ; and , if they needed more , they 'd serve them : long long hath stood this strōg built tower , and ( as the fates have told iohn gower ) vn-undone shall it stand yet many an hower , though tatter'd ; the walls , with open mouths , do speak against the mattocks , that still seek the ruine of it , and long since did break and batter't ; so that in stead of majesty , now onely seniority it justly claimes , yet still it looks as a high as ever ; whiles all the hammer's spitefull strokes , and fierce malicious fangs of hooks , do what they can , pul down these stately looks shall never ; the tow'r is girded with a wall ; in fashion of a varthingale upon a hill , begotten of a vale below it ; this hill by b figure doth declare , the tow'r hath stood long out of square ; the pye ' ball'd prospect of the walls so bare can shew it . here , what the danes could never do , the dawes have done , and wrought into the walls and chambers of it ; and now who but they there ? the house fee-simple is their owne , for them ; their heires ; there they alone can build , can gossip , strut it up , and downe , and play there . here many tall ghost's walk : 't is thought king coël wanders still about , sometimes within the vault , sometimes without , at 's pleasures ; and here , in dull night's sullen shade , ( because the circle's ready made ) the light-foot fayries , dance the rounds , and tread the measures ; and in the moon-light nights have beene hobgoblins robin goodfellowes seene , with lights : and noyses have bin heard o' th' green of talking ; and other visions strike with feare folk going by : yea sure there were that night , goodfellowes , when those two were there awalking : these champions hither march't forthright , to scare the devill in the night , and fayries from their round-abouts affright with horrour . now may you by this time suppose these two are at it very close , with dashing , clashing , banging , bumming , blows of terrour ; for having strip't themselves , their skin each th' other shew'd , so far as seene by night they could be , and at distance , then , fell to it ; and layd on load with might , and maine , let who 's would take it off againe , what there was don , would ask no little pain t' undo it . file v. the search , and sadnes . but ( oh ) conceive what griefes , what kind of woes , possest us all behind ; for these two whetted spirits . words , & wind exprest it ; we sigh 't , we groan'd , as hart would burst , care in our cups made us a thirst : that season , and their tameless fury , worst molested ; for ( note ye ) when such stomacks grew , at variance , and to weapons flew , there must perforce of consequence ensue a slaughter . o dismall night , like that of troy : o lamentable-following day , that must the fate of both , or one bewray hereafter . brave caesars , and great pompeyes might ; fierce hector , and achilles fight , must come behind this , that befalls this night thus sadly ; for by transparent beames of day , those could observe each others play ; but these run desperate , to a blindfold fray most madly : thus forth we wander , where we guess them hurry'd by their furiousness , to stop , or spy them , as eye-witnesses , thus falling ; but ( oh ) the fate of darknes ! night our optick sense had seal'd up quite ; that now , more sad we walk along , the fight bewayling . our eyes can do no good ( we say ) if all our senses in the way do fayle us too , then must the light of day discover : still rambled we the fields a round in grievous plight , and nothing found ; no hope was offer'd , but in vain much ground past over . file vi. the encounter , and weapon . at last behold here how one sence supplies his friend's deficience , ( were it by any happy providence , or fortune ) as to the castle neere we grew , where these two forth their tackling drew , vnhop't for objects did our sence anew importune . for presently a fresh we met a fume , that did our noses fret , and piercing to our hearts did them beset with dull feare . oh! foh ! ( sayes one ) my nostrils find we have gunpowder in the wind : thus fumes salt-peeter when it is calcin'd with sulpher . another cryes : o heavie lot ! sure they have guns , or pistols got , and mutually let fly their deadly shot , which vapours . but straight we found it , that the smell , though but ill-favour'd , favour'd well for them . with thē worse had by guns befell , or rapiers ; for we ( concluding to have seen or both , or one upon the green ly dead , or maim'd by gun , or falchion keen with fighting ) so far as eye a sight could gaine , see them with backsides might and main , like darting porcupines , ( to tell you plain ) ash — lo in this wise , these champions twaine together did their utmost straine . much ther was shed : but neither of them slain , no truly . sure much was shed all o're the grass . for all , which by next day did pass , by signes did see what dreery fight there was but newly : we puft and snuft , and peer'd about : stil , still these fencers flash't it out , and buckling too 't like strong-tayl'd lions fought , hard striking . in each was op't a postern wound : of bouncing eccho did rebound , the strokes they dung against the suff'ring ground , all reaking . file vii . the parley , and parting . at this discovery , joy'd ; * sirs ; yet le ts not , while they are in the heat , come in the dint ; lest some soure mark we get not pleasing . at length we clos'd with them , and felt , ( yet warily ) these whom we smelt . come worthy champions you have bravely dealt : be ceasing : this is a new-found martiall trick , to fight at tayle , whiles others strike at head , at throat , at brest , at belly , like mad wretches . with night , and rage , they are o'regone , and so they be mistook ( sayes * iohn ) and for their doublets , thus have they undone their b breeches . who ere comes here , to judge the close , without th' imployment of a nose , must passe no verdit of the strongest blowes i' th' duell : well , sirs i think you 'l be content , now you have given your stomacks vent ; the fire of ire will vanish , now y'have spent the fuell ; put up , then ; let 's have no foule play : let all this geere be wip't away ; i hope there is no hurt done in the fray to neither . or if you be so fierce and fell , that with your blades , you yet will deal , then cut this vapour-thickned ayre , and smell together . file viii . the retreat , and triumph . iames shuffling up his pipes ( quoth hee ) will , at this game 's too hard for mee ; i 'le be for this , till i make even with thee , thy debter . but will with iames would yet have fought ; not now ( quoth iames ) my anger 's out ; and heat quite over : let 's go drink about ; that 's better . give me thy hand ( if it be cleane : ) both are by this the better men ; i 'le ne're fall out with thee ( brave boy ) agen hereafter . but whensoe're thou dost desire , i 'le stand by thee a friend intire , and venture this same head , through sword , & fire , and water . why should we two , we two old friends bring one another to our ends ? death soone enough without a sword will send 's to ashes . say we are hurt , say we are kill'd : had we not better thus to yield , than lie here dead , or wounded in the field with slashes ? say fighting credit to us gave : can credit cure a cutt ? can't save a leg ? shall we ( if lam'd ) by credit have our keeping ? i 'ue thirtie yeares a fencer been , a thousand fights have fought , or seen , i ne're could find but in a whole sound skin best sleeping : since i discretion had , 't hath stood my resolution , 't is not good , to be thus prodigall of guiltlesse blood with fooling : and they that have such sp'rits high flowne , and are so hot , and bloudy growne , one day may come unto their cutting downe , and cooling : will , will , consider ; wee have soules , wee have not lives like cats , or owles : we sans remorse have bāgd the burning bowls a long space ; o woe ! 't is dangerous fighting now ; for if we should be slaine , i trow , our ghosts i' th dark may miss their mark , and go to th'wrong place . thus james agreed it : and ( 't is said ) though most enraged , and unstaid , hee first the other wholsome motion made of stinking . well , friends they were , & came down right all to the taverne , where they quite washt all away with wine , & soakt the night with drinking : for rending ope the sellar a dore , a good sack b tierce they turned o're , for joy so sweetly they had scap't so c sore a battle : healths thick and three fold to the wounds , that ne're were made , they drunk in roūds ; the old bang'd quart pots ( never past their d bounds did rattle . file ix . the reward , and honour . ivdge reader , how this place became so stout a blade , as brave sir jame . ought not this fight to be enrold by fame , to last here ? hee is a man of mightie heart , and practiz'd well , to play his part with greatest skill , professor in his art , and master . sure when old coel there did raigne , his tower never did maintaine so brave a lad , in all his martiall traine for valour ; nor was so hot a fight by danes , whiles they encamped on those plaines ; nor so deep charge w th such tēpestuous strains of cholor : what man soe're with jockie fights , when he into that humour lights , had need be watchful , expert , quick in slights , not slothfull : for , if hee lookes not better too 't , and keep his chaps most surely shut , he may not only have his hands full , but his mouth full . o were the castle in repaire , my jockie should some office beare , of master-gunner , or at leastwise there of porter : then if a cannon's bellowing blast the wall had bored through , or rac't , he soon might daub the breach up with a cast of morter . and then all foes i would advise , to keepe away ( if they be wise ) from jockie's bum-shot , lest with losse of eyes they rue it . all a you that spie there in your way the monument of that sad fray , by adding b stuffe , to keepe it from decay , renue it . no charge , great ease will you befall , the paines of portage is but small . unload your native dung-cart : that is all , in sadness . this field may prove ( manur'd so well ) an hop-yard : big those hops will swell , and beare away at * sturbridge faire the bell for fatness . if any reading this my newes , shall think that i with lies abuse my champion jockie , and my jocund muse to faigne them ; out of your way ride but a mile , and call , and talk with james awhile ; and he himself , will in an ample stile maintaine them . what if you lose a mile , or twaine ? as wise , to see a sight as plaine , have stepp'd aside , nor of their pains , as vaine , repented . here you not onely shall behold sights , signes , but heare strange wonders told , and many a score of more adventures bold out-vented ; and wine , and welcome still your fill ; and jests , and newes too , what you will : for hee 's more full , than is my dropping quill , of storie : you 'l ne're repent of any cost , or time , to see so brave an host , of sight of whom you may for ever boast , and glorie . epilogus . hold muse : the combat finisht is ; the foes are friends againe , i wis : it may be i shall dearly pay for this thy laughter . and reader , list awhile and heare : john gower is * su'd , and must appeare : if this suit hold , the progresse hee 'l declare hereafter . his proctour entertain'd in may , to answer what the foe shall say , a prosp'rous gale ( i hope ) will find faire way in sayling . what defamation here can lie against a poet's industrie , who faineth not , but writes true historie sans rayling ? yet jockie doth at him so vex , that hee in rage cries , currat lex ; resolv'd by cunning of his lawish tricks to shrieve him : but sure this case ( so all men think ) the more it stirs , the worse 't will stink : astraea , phoebus , lest your gower shrink , relieve him . johannes gower . to the high-spirited , heroick-hearted , stout-stomackt , bold-brested , cruel-couraged : hypseloglotticall , rhetorologicall , archinoeticall ; invincible , victorious , worthy , noble , generous , sr iames , grand-possessor , and professor , as well oenopoliall of the rarest , fairest , dearest , pomperkin , hullock , mellogodoone , frantiniack , canary , musquedine wines , as gymnasiarchicall , of the martiall science of defence ; monomachounticall , and polymachounticall greeting , not grating . the mightie acts of your olympick arme , whose pow'r pancratiastick all doth charme , put downe great hercules , and stride before all his vast labours , had they been twelve score . what you enroll in lines both high and strong . o' th velom of your owne stentorian tongue . i doe omit , nor make my muse's theame , to add more water to a swelling streame ; but this fierce fight , devoyd of sight , and light , encourtainiz'd in stygian shade of night , i have displayed to the rayes of fame : for that desires , and you deserve the same ; for which my muse heere prostrite , you doth woo to bee , as subject , so protector too ; erave pentathletick royster ; daigne to take this into favour for your honour's sake ; it is your art , and part now to desend this case , your fighting selfe , your writing friend . it is a nosegay therefore sweet enough ; call'd from your garden ; take it not in snuffe . a dish first drest by you , now sawc't and grac't to please your palate : doe not it distast . a stage erected by our mose to shew your master-piece to all beholders view : more amphitheatrall then piles of wood ; o doe not fire it in your angry mood . behold the verse , though number'd odd , and rough , yet , measur'd even , smoothly apt for you : the feet your fingers fit , and may be scann'd with bidexteritie of either hand . two tetradactyles mournfull numbers fit that hand , whose finger by the beares was bit . the pentaedactyle for your left , more high to sing your deedes , doth mount heroickly . the short dwrafe-verse to scan if 't be thy pleasure , then thump upon thy stump , and there 's the measure . sir , if that favour shall with you be found , to you our muse shall with her booke be bound . your's at a cast , vnto his last : idem quidem , qui pridem , io : govver . worthy poeticall client , i have viewed the information you sent me : which will sufficiently direct me in framing your answer . by reading it i am suddenly trans-formed , and become a rythmicall proctor . whereof i give you a proofe : which , when i plead your apology , shall serve for a preface ; in manner and forme following , iohn gower's proctor's allegation to iockie's plea of defamation : advis'd , devis'd , revis'd with consultation . vvhat rays'd achilles acts of might ? not that he did with hector fight : but that he did on homer's trumpet light to tell them . nor had these fuming feates of fame , blowne up so high stout iockie's name , had gower's lime-hound nose not beene in frame to smell them . the fivefold fights , which chanted came through pindar's quill , to this are lame : all greece of such a brave olympick game ne're craked . here mars and bacchus so combine : no bush shall need to vent thy wine : two parthians shooting backward be thy signe halfe naked . then travellers through thick , and thin , will flocke to this new-named inn : where all in rich canary will begin to iocky . and will must not be wrastled out , who did so well maintaine the bout. this combat's fume made all our hops ( i doubt ) so crocky . colonus felis. expound this latine into greek : my name you need not further seek . a congratulatory verse , to the bravely resolved iames , the horrid babby of bloody-handed bellona arch-duke of canary , and great commander of the omnipotent forces of bacchus , in the infernall region of his well-bung'd , and wellbang'd barrells . mars-daunting martialist , a silent tongue of thy great acts do's thy great self great wrong ; too little stages thy pancratick rage have grac't , th' art now brought on the world's great stage ; loe , here the trumpet of thy wandering fame , the herauld-blazer of thy dreadfull name : thou hast an atlas whose unshrinking shoulders of thee , against sharp censure , are upholders . illustrious iames , thou hence forth shalt inherit achilles * name , as thou dost his brave spirit ; what 's said of him is but a pleasant fiction , and seemes of thee to be a true prediction : thy mother did thee ( young ) by th' finger take , and drench't thy body in the stygian lake , made it impenetrable ; for no wound was yet in all thy broyles e're made , or found , save in that fatall finger . ( poets tript in saying 't was the heele , their finger slipt . ) canary is thy achyllaean speare , that hurts , and heales , and strikes , more joy , than feare : thy valiant * myrmidons with thee ( brave boy ) are able to subdue another troy. e. a. to my good schoole-master , mr. iohn gower , and to my good acquaintance , his book . the printer writes , our masters booke will sell : and i must write our master writeth well . yet meanes he not to make a schoole-booke of it : for that would turne to our , and his small profit . our dames of heningham would chide , and say that boyes are sent to study not to play . and so wee doe . for dayly all the weeke he teacheth us true latine , trusty greeke ; but yet on holydayes , and playing howres , he gives us leave to reade of english towres , which have of old in siedge the danes withstood ; or beene besmeer'd with english cloder'd blood : and of stout champions who at every stroake , have made the walles of warlike castles smoake . alumnus tuus iosephvs harrington . ovr master iohn gower hath writ of a tower , which lookes much batter'd and broken . not farre from those walles , i have oft play'd at scales . and is not that a good token ? of iames he hath written a story no fitten , ( i know well that gyant of valour ) a deadly sore fight i th' dead of the night , o! he is more stout then a taylour . i had rather runne hence , then meet him at fence , vnlesse i might give him schoole-butter : what though he be bare ? yet strike i scarce dare , lest he begin first to utter . will : bramston , discipulus . vpon the castle-combat . thy worke is sweet , but comes from matter sower : so rankest dung brings forth the fayrest flower . thus i salute my gentle master gower . drvoo tindale , qui tibi discipulus nunc sum , cupioque doceri . the printer dreames this booke will sell the better ; if castle-schoole doe send to him a letter . i am therein a schollar , young and tender : and yet am bold to be a poore commender . thus i my hearty commendations send , print well ; farewell , my unknowne london friend . edmund bramston . discipulus gowerianus . a quaere with a quare concerning iohn quis. vvhat iohn ? what gower ? iohn gower , chaucers friend ? he liv'd ; & * wrote renow'd in times of yore : and now belike , according to the lore of great pythagoras , himselfe doth lend . thus , by soule-shifting , virgil's ghost did wend to spencer's lodge . who ovid was before ; is drayton since . thus lucan fates restore in may. thus orpheus soule doth quarl's attend . let heralds thee engower when thou wilt brave it : thy muse for name ; and fame makes affidavit . edm : iohnson . for the castle combat . i speake it boldly ( for i need not shuffle ) this fight encounters with the counter-scuffle . those eggs , the loaves , the lobstars , plase ; and ling , the pippin-pyes ; and all , that they did fling , concocted were but artificially in culinary fires by cookery : but here the weapons are of nobler temper , refin'd in natures kitchin. constat semper , that nature added unto art doth make a better worke , than art can undertake . a custard back'd is not so strong a bullet , as when for after batch it past the gullet . the oven , caldron , spits , are all but sluts compar'd with humane stomacke ; liver , guts . and therefore 't is more honour to be beaten with tooles of meat already chew'd and eaten . o brave heroick shott ! o field well wun ! where cumbatants have made their corps their gun. i say againe , mars did more richly ruffle in castle-combat , than in counter-scuffle . iohannes de atocha . finis . notes, typically marginal, from the original text notes for div a -e a his wine for the most part is thunder-stricken . b the falcon still flying hard by the castle , and preying upon many a peasant . c essex , id est , east saxons . a a river risi●… not above fo●… miles from th●… town , on the north side . b the earle of oxford . c a strong compound of two easie simples . d these bells doe roare to th● day at st. edmunds bury , i● lamentation of their exile from their native soyle . * 〈◊〉 singing the 〈◊〉 * a black lea●…r generous 〈◊〉 which hee ●…ares , because ●…e will march ●●der the colour an officer . * he gives th●… surname to his beard , when h● stroakes it with an oath most gravely . c in a cowardly ●…uffle the mid●e finger of his ●●ght hand ( vul●●rly called the ●…les finger ) was 〈◊〉 off ; which often shew●●h for an ho●●…urable cha●●cter of va●●r , and vowes 〈◊〉 this tricke he ●●ll never keepe ●…ares againe ; 〈◊〉 they ( as hee ●●es ) bit off 〈◊〉 fatall fin●● . * one of the guard ; as iames reporteth . * a long dry trench on new-market heath . f this welcome ●as bestow'd ●…n iames in ●●…dleigh in ●uffolke by one ●escended from be line of mars . * this was granger sewster of ashwel in herford-shire , accounted a notable duellist , whom iames in a combat so fiercely pursu'd , that he ran into a hogs-coat . * harry smith * iohn sewell of halsted . c 〈◊〉 iames●rovided ●rovided , ●●rell be●… his house . d ●●mes , who ●●nd is still , ●●ockt with ●…ons in his ●●e . e when t●●… are maudi●… drunke . * which are 〈◊〉 plentifull that towne ; 〈◊〉 william a ●●…pmaster . a of which cattell william keeps many . b which are appurteinances to william's house , being a farmer ; c of which , many border upon that towne . d for iames-es terrestriall body by this time was in motu trepidationis . e in which trade iames is a great dealer . * at colchester in the high street hee is set forth in a small volume , or epitome , to save excessive expence of tymber ; or because dwarf coēl is strong enough to guard a pump . * furthermore he will tell you of a man in this towne of yeares old , who heard king coël cry dad dad in his mothers belly . f rumor runneth , that this vault runneth under ground from thence to colchester . g which they brought underground from colchester . a two of t●● turrets still r●maine in the first top-galla●… height , thou●… other parts b● defaced . b which circular . * this councell was not cowardly , but cleanly . * iohannes de atocha , a scholler then in the company . b 't was ( doubtles ) lest they should wrong them through the approaching fight . a for iug in 〈◊〉 fussian fume , o● fustie feare ha●● lockt up dore , & conver'd her se●… and her keyes t●… their nights rest b by iames hi● owne epotativ●… words , halfe a hogshead c potius sowr●… d of measure . a the neighbouring inhabitants of castle-heningham . b viz. dissolving your ligaments ; and imitating these combetants . * surely then will sell for ●igher price under the name of the gilded hops of he●ingham . * william●●ke ●●ke a wrastler , took him by the collar with a processe in aprill last past . notes for div a -e an apostrophe to iames. ever since this ●ight the hops ●hereabout haue ●in blasted and ●…ooty notes for div a -e * achilles , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , à solvendo dolorem , for hee makes his guests merry with tales and jeasts . * busie pott●… of wine , a●… pots of beere . notes for div a -e * see his monnument in sai●● mary overie church neere london . citt and bumpkin in a dialogue over a pot of ale concerning matters of religion and government l'estrange, roger, sir, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing l estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) citt and bumpkin in a dialogue over a pot of ale concerning matters of religion and government l'estrange, roger, sir, - . [ ], p. printed for henry brome ..., london : . a reply to charles blount's appeal from the country to the city. cf. kitchen, g. sir roger l'estrange, p. - . a second part was published in the same year. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng blount, charles, - . -- appeal from the country to the city. religion and politics -- england -- anecdotes. great britain -- politics and government -- - -- anecdotes. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - john latta sampled and proofread - john latta text and markup reviewed and edited - pfs batch review (qc) and xml conversion citt and bumpkin . in a dialogue over a pot of ale , concerning matters of religion and government . london , printed for henry brome at the gun in s. pauls church-yard , . citt and bumkin , in a dialogue , &c. citt. so that you would know , first , how we manag'd the petition ; and secondly , how it came to miscarry . bum. those are the two points , citt , but first take off your pot , and then tell your story ; you shall have mine afterward . citt. there was no way , you must know , to carry the business clear , without getting a vote of common-council for the petition ; and so making it an act of the city : and in order to this end , we planted our committees every where up and down , from algate to temple-barr , at convenient distances ; some few of them in taverns but most at coffee-houses ; as less liable to suspition . now we did not call these meetings , committees , but clubs ; and there we had all freedom both for privacy and debate : while the borough of southwark , westminster , and the suburbs , proceeded according to our method . bum. and what were these committees now to do ? citt. their commission was to procure subscriptions , to justify the right of petitioning , and to gain intelligence : and then every committee had one man at least in it that wrote short-hand . bum. well , and what was he to do ? citt. it was his part to go smoking up and down from one company to another , to see who was for us , and who against us : and to take notes of what people said of the plot , or of the kings witnesses , or against rhis way of petitioning . bum. but how came those committees ( as ye call 'um ) by their commissions ? citt. for that , let me tell you , we had two grand committees , that adjourn'd from place to place , as they saw occasion : but they met most commonly at two coffee-houses ; the one near guild-hall , the other in the strand ; for you must take notice that we went on , hand in hand with our neighbours in the main design . bum. but you do not tell me yet who set up the other committees . citt. these two grand committees , i tell you , nominated and appointed the sub-committees , gave them their orders , and received their reports : it was their office moreover to digest discoveries , and informations ; to instruct articles , improve accusations , manage controversies , defray the charge of intelligencers , and gatherers of hands , to dispose of collections ; to influence the anglicus's and domesticks , and fortify those that were weak in the faith ; to furnish matter sometimes for narratives . — bum. what dost thou-mean by narratives , citt ? citt. they are only strange storys ; as that of the dragon in essex ; earth-quakes , sights in the air , prodigies , and the like . bum. one would think it should not be worth their while , to busy their heads about such fooleries as these . citt. now this is thy simplicity bumpkin , for there is not any thing that moves the hearts of the people so effectually toward the work of the lord , especially when the narrative carries some historical remarque in the tayl of it : as for the purpose , this or that happen'd in such a kings reign , and soon after such and such troubles befell the church and state : such a civil war , such or such a persecution , or invasion follow'd upon it . when the people perceive once that the lord hath declared himself against the nation , in these tokens of his displeasure , the multitude seldom fail of helping the judgment forward . bum. i don't know what ye call your committees , but our gentry had their meetings too ; and there was a great lord or two among 'um that shall be nameless . citt. we could shew you othergates lords among us , i 'le assure you , then any you have ; but let that passe . bum. you told me that your committees were to procure subscriptions ; we were hard put to 't , i 'm sure , in the country to get hands . citt. and so were we in the city bumpkin ; and if it had not been to advance the protestant interest , i 'de have been torn to pieces by wild horses , before i de have done what i did . but extraordinary cases must have extraordinary allowances . there was hardly a register about the town that scap'd us for names : bedlam , bridewell , all the parish-books , nay the very goals , and hospitalls ; we had our agents at all publick meetings , court , church , change , all the schools up and down ; masters underwrit for their children , and servants , women for their husbands in the west-indies , nay we prevail'd upon some parsons , to engage for their whole congregations ; we took in iack straw . wat tyler , and the whole legend of poor robins saints into our list of petitioners ; and the same names serv'd us in four or five several places . and where 's the hurt of all this now ? so long as the cause it self is righteous . bum. nay , the thing was well enough citt , if we could but have gone through with it : and you shall see now that we were put to our shifts in the country , as well as you in the city . i was employ'd you must know , to get names at four shillings a hundred , and i had all my real subscriptions written at such a distance , one from another , that i could easily clap in a name or two betwixt 'um ; and then i got as many school-boys as i could , to underwrite after the same manner , and after this , i fill'd up all those spaces with names that i either remember'd , or invented my self , or could get out of two or three christning-books . there are a world ( ye know ) of smiths , browns , clarks , walkers , woods , so that i furnish'd my catalogue with a matter of fifty a piece of these sir-names , which i christen'd my self . and besides , we had all the non-conformist ministers in the country for us , and they brought in a power of hands . citt. what do you talk of your non-conformists ? they do but work iourney-work to ours . we have the heads of all the protestant dissenters in the nation here in this town , why , we have more religion , bumpkin , in this city , then you have people in your whole country . bum. ay , and 't is a great blessing too , that when professors are at so mighty variance among themselves , there should be so wonderfull an agreement in the common cause . citt. and that 's notably observ'd , bumkin ; for so we found it here . the presbyterian got hands of his party ; the independent of his ; the baptist of his ; the fifth-monarchy man of his ; and so throughout all our divisions : and we had still the most zealous man in his way , to gather the subscriptions : and when they had completed their roll , they discharg'd themselves as naturally into the grand committee , as rivers into the sea. and then we were sure of all the republlcans . bum. but after all this care and industry , how was it possible for the business to miscarry ? citt. why i know 't is laid in our dish , that when we had set the whole kingdome agogg upon petitioning , our hearts would not serve us to go through stitch , and so we drew our own necks out of the collar , and left the countries in the lurch . bum. nay that 's the truth on 't , citt ; we stood all gaping for london to lead the way . citt. the great work that we look't upon was the gaining of a well-affected common-councill ; which we secur'd upon the election , with all the skill , and watchfullness imaginable . bum. and that was a huge point citt ; but how were ye able to compasse it ? citt. why we had no more to do , then to mark those that we knew were not for our turns , either as courtiers , or loose-livers , or half-protestants , and their business was done . bum. we went the same way to work too in the country , at all our elections ; for it is a lawfull policy , you know , to lessen the reputation of an enemy . citt. nay we went further still ; and set a report a foot upon the exchange , and all the coffee-houses and publique houses thereabouts , which held from change-time , till the very rising of the common-councill , when the petition was laid aside ; that past so currant , that no mortall doubted the truth on 't . bum. but you ha' not told me what that report was yet . citt it was this , that the king had sent a message to the city to let them understand that he took notice how much they stood affected to the petition ; that he expected they would proceed upon it ; and that his majesty was ready to give them a gracious answer . bum. but was this fair dealing , brother ? citt. did not abraham say of sarah , she 's my sister ? bum. well thou' rt a heavenly man , citt ! but come to the miscarriage it self . citt. after as hopefull a choice as ever was made , we procur'd a common-councill : where the petition was put to the vote , and it was carry'd in the commons by two voyces , for the presenting it , and by fourteen , or fifteen votes in the court of aldermen , on the negative . bum. so that your damn'd aldermen , and our damn'd justices , have ruin'd us both in city and country . citt. hang'um , they are most of them church-papists ; but we should have dealt well enough with them , if it had not been for that confounded act for regulating corporations . bum. prethee let me understand that , for i know nothing on 't . citt. take notice then that this devillish statute has provided , that no man shall serve as a common-councell man , but upon condition of taking three oaths , and subscribing one declaration , therein mention'd ; and having taken the sacrament of the lords supper , according to the rites of the church of england , within one year next before his election . now it so fell out , that what with this act , and a court-letter for putting it in execution , a matter of thirty of our friends were put by , as not duly qualify'd ; and upon this pinch we lost it . nay let me tell ye as a friend , there were at least twenty or thirty of the rest too , that would hardly have past muster . bum. but is this certain ? citt. why i am now in my element , bumkin ; for thou know'st my education has been toward the law. bum. this was a plaguy jobb , citt , but we must look better to our hitts next bout . citt. nay my life for thine we 'll have another touch for 't yet but tell me in short ; how came you off with your petition in the country ? bum. it went on for a good while prettily well at the quarter-sessions ; till at last one cross-grain'd curr there upon the bench claw'd us all away to the devill , and get an order of court against it , while you would say what 's this . citt. but what did he say ? bum. oh there was a great deal of stuff on 't ; the king , and the judges ( he said ) had declared it to be seditious , and so they were to take it . that they sat there to keep the kings peace , not to countenance the breaking of it ; and then ( says he ) these fellows don't know what they would have . one petitions for chalk , and another for cheefe ; the petition was at first for the meeting of the parliament ; and then they came to twit the king with his coronation-oath , and then , delinquents must be brought to punishment ; and then the parliament was to sit as long as they pleas'd ; and at last , every man must be mark'd for a common enemy that would not subscribe it . so that first they would have the parliament sit ; and then they 'd cut'um out their work ; and in fine , it was little other then a petition against those that would not petition . he said there were ill practices in the getting of hands ; and so they threw out the petition , and order'd an enquiry into the abuses . citt. well , there 's no remedy but patience . bum. i had need of patience i 'm sure , for they 're examining the hands allready , as hard as they can drive ; you 'l see me in the gazette next thursday , as sure as a gun. citt. why then we must play the domestique against him , next fryday , bum. nay , i 'm sure to be trounc'd for 't to some tune , if i be taken . citt. pre'thee what art affraid of ? there 's no treason in getting hands to a petition man. bum. no , that 's true ; but i have put in such a lurry of dog-rogues ; they cry they 're defam'd , with a fox , they 'le have their remedy ; and they make such a bawling . citt. come , come , set thy heart at rest : and know that in this city th' art in the very sanctuary of the well-affected . but 't is good however to prepare for the worst , and the best ( as they say ) will help its self . but art thou really afraid of being taken ? bum. and so would you be too , if you were in my condition , without a penny , or a friend in the world to help ye . citt. thou art two great owls , bumkin , in a very few words . first , thou hast great friends and do'st not know no't , and secondly thou do'st not understand the blessing , of having neither friends , nor money . in one word , i 'll see thee provided for ; and in the mean time , give me thy answer to a few questions . i make no doubt but they that put thee into this trust , and employment of helping on the petition , are men of estate , and men well-inclin'd to the publique cause . bum. o , their landlords and masters are men of huge estates ; but 't is the tenants , and the stewards that i have to do withall . but then ( do you mark me ) those people are all in all with their masters . citt. i suppose you may be known to the landlords and masters themselves too . do they ever take any notice of you ? bum. yes , yes ; i go often to their houses man , and they speak mighty kindly to me ; and there 's nothing but honest obadiah , and good obadiah at every turn ; and then the men take me into the kitchin , or into the cellar , or so . and let me tell you citt , if it had not been for them once , i had been plaguyly paid off in the spirituall court upon a certain occasion . citt. that 's a very good sign of affection to the cause , as i told thee : and it would be never the worse if they were under a cloud at court ; for an honest revenge , ye know goes a great way with a tender conscience . bum. i have hear'd some inkling that way , but we 'le scatter no words . citt. they never speak any thing to you in private , do they ? as of grievances , ( i mean ) religion , the liberty of the subject , and such like ? bum. no , no , but they talk as other people do , of the plot , and the jesuits , and popery , and the french king , and so . citt. and what is the reason now , do ye think , that you are not receiv'd into their bed-chambers , their closets , into their arms , and into their very hearts , as well as some other people as we kaow ? bum. alas ! what should they do with me ? i 'm not a man fit to keep them company . citt. why then honest bumpkin , here 's a golden sentence for thee ; be taken , sifted , imprison'd , pillory'd , and stand true to thy principles , and th' art company for the best lord in christendom . they i never dare to trust thee till th' art iayl and pilloryproof ; and the bringing of thee into a jayl would be a greater kindness , then the fetching of another man out . bum. prethee cit , tell me one thing by the way , hast thou ever made tryal of this experiment thy self ? citt. to tell thee as a friend , i have try'd it , and i 'm the best part of a thousand pound the better for 't . 't is certainly the high way to preferment . bum. and yet for all this , citt , i have no minde in the world to be taken . citt. and that 's because th' art an arrant buzzard ; the lord deliver me from a fellow that has neither mony , nor friends , and yet 's afraid of being taken . why 't is the very making of man a mans fortune to be taken . how many men are there that give mony to be taken , and make a trade on 't ; nay happy is the man that can but get any body to take him . why i tell ye , there are people that will quarrel for 't , and make friends to be taken . 't is a common thing in paris , for a man in one six months , to start out of a friendless , and monyless condition , into an equipage of lacquays and coaches ; and all this by nicking the blessed opportunities of being discreetly taken . bum. i have heard indeed of a man that set fire to one old house , and got as much mony by a brief for 't , as built him two new ones . citt. have not i my self heard it cast in a fellows teeth , i was the making of you , sirrah , thoughy ' are so high now a body must not speak to you : you had never been taken and clapt up , sirrah , but for me . bum. father ! what simpletons we country-folks are to you citizens ! citt. now put the case bumpkin , that you were taken , examin'd and committed , provided you stand to your tackle , y' are a made man already ; but if you shrink in the wetting , y' are lost . bum. pray'e what do you mean by standing to my tackle ? citt. you must be sure to keep your self upon a guard , when y' are before the iustice ; and not to be either wheedled , or frighten'd into any discovery ; for they 'le be trying a thousand tricks with you . bum. but may i deny any thing that 's charg'd upon me , point-blank , if i be guilty of it ? citt. yes , in the case of self-preservation , you may ; but you must be sure then that no body can disprove you ; for if it be known , 't is a scandall , and no longer lawfull : your best way will be not to answer any questions against your self . bum. but now you have brought me into a goal , you would do well to tell me how i shall get out again . citt. why before you turn your self thrice in your kennell , ( if baylable ) y' are out again , upon a habeas corpus : but in the mean time , the town rings of your commitment , the cause of it , and how bravely you carry'd it upon your examination ; all which shall be reported to your advantage ; and by this time , y' are celebrated for the peoples martyr . and now come in the bottles , the cold-pies , and the guynnies : but you must lay your finger upon your mouth , and keep all as close as if the fayries had brought it . bum. pre thee , citt , were thou ever bound prentice to a statesman ? citt. no , not altogether so neither ; but i serv'd a conveninent time in two of his majesties houses ; and there i learnt my politiques ; that is to say , in newgate , and the gate-house ; two schools ( says one ) that send more wise men into the world , then the four inns of court. now let your suffering be what it will , the merit of it will be rated according to the difficulty and hazzard of the encounter : for there 's a great difference betwixt the venture of a pillory , and of a gibbet . but in what case soever ; if you stand fast , and keep your tongue in your head , you shall want neither mony , nor law ; nor countenance , nor friends in the court , nor friends in the iury. bum. hold , hold , citt ; what if all my great friends should deceive me at last ? citt. they 'le never dare to do that , for fear you should deceive them . i have found the experiment of it my self , and every term yields us fresh instances of people that make their fortunes in a trice , by a generous contempt of principalities , and powers . bum. thou' rt a brave fellow citt ; but pre'thee what may thy employment be at present , if a body may ask thee ? citt. i am at this present , bumpkin , under the rose , a secretary-extraordinary to one of the grand committees i told thee of ; and my business is to draw up impeachments , informations , articles ; to lick over now and then a narrative ; and to deal with the mercuries to publish nothing against the interest of that party : and in fine , there 's hardly any thing stirs , but i have a finger in 't . mine is a business i can tell you , that brings in money . bum. i make no doubt on 't citt : but could ye put me in a way to get a little money too ? citt. we 'l talk of that presently . you may think perhaps now the city-petition's blown off , that our committee will have nothing to do . but , i do assure you , businesse comes in so fast , upon us , that i shall never be able to go through it without an assistant ; and if i find you fit for 't , you shall be the man. — nay hold , let me speak , first ; do you continue the use of your short-hand ? bum. yes , i do ; and i have mended my bastard-secretary very much since you saw it . citt. will you be iust , diligent , and secret ? bum. i 'le give you what security you 'le ask , for my truth and diligence ; and for my secrecy , i could almost forget to speak . citt. that figure pleases me ; but i must shrift you further . how stands your appetite to wine and women ? bum. why truly at the rate of other flesh and blood . citt. 't is not to barrye neither ; but what liberties ye take , let them be private , and either to advance the common-cause , or at spare hours . bum. you cannot ask or wish more then i le do . citt. only a word or two more , and then i 'le let you into nay affairs . what course did you propound to your self , in case your petition had succeeded ? i ask this , because you seem so much troubl'd at the disappointment . bum. why if this petition had gone on , and the parliament had met , i was promis'd fonr or five petitions more ; one against danby , and the lords in the tower , another for the sitting of this parliament , till they had gone through all they had to do ; a third , for taking away the bishops votes , a fourth for the remove of evill counsellours ; and a fifth for putting the militia into safe hands . citt. these points you must know , have been a long time upon the anvill ; and our friends have instructions all over the kingdom , to proceed upon them to shew the miraculous union of the nation . but do you think because the first petition has receiv'd a checque , and the parliament is prorogu'd , that therefore the other petitions must fall to the ground ? bum. i cannot well see how it should be otherwise . citt. why then let me tell you , bumpkin , we 'l bring the whole business about again , and carry it on , in spite of fate : for we have better heads at work perhaps then you are aware of . bum. ay , but what hands have we citt ? for it will come to that at last . citt. those heads will find hands , never trouble your self , if there should be occasion ; but 't is too early-days for that sport yet . 't was an unlucky thing however to be so surpriz'd ; for our friends did no more dream of the sacrament , then of their dying day . bum. well there 's no recalling of what 's past : but the question is how we shall avoid it for the time to come . citt. nay bumpkin , there 's a trick worth two of avoiding it , we 'l take it next bout , and then we 're safe ; we 'l carry it , i 'le undertake by fifty voices . bum. but cannot the aldermen hinder you from putting it to the vote ? citt. 't is the custom of the city i confess , for the lord mayor to summon and dissolve common-councils , and to put all points to the question ; but we 'l finde a cure for that too . 't is a thing we 've been a good while about already ; the bringing down the authority of the city into the major part of the commons . bum. now if the mayor and aldermen should be aware of this , they 'l never endure it ; but we must leave that to time . but hark ye citt. i thought our friends refusing of the sacrament had been matter of conscience . citt. why so it is man , but take notice then , that you are to distinguish of consciences : there is , first , a plain , simple conscience , and that 's a conscience that will serve well enough to keep a man right , if he meet with nothing else to put him out of the way . and then there 's a conscience of state , or profit ; and that conscience yields , as a less weight does to a greater ; an ounce turns the scale , but a pound carries the ounce , and no body blames the weaker for being over-power'd by the stronger . there is a conscience of profession too ; which is a conscience that does not so much regard the reason of the thing , as the being true to a party , when a man has past his word : and this is the conscience of a man of honour , that fights for his whore. there is likewise a conscience of religion , and that 's a quiet peaceable conscience , that rests in the affections of the heart , in submission to lawfull institutions ; and in serving god , and doing good to our nighbour , without noise or ostentation . bum. well , but i see a great many very consciencious men that love to pray and sing psalms next the street , that their neighbours may hear 'um ; and go up and down shaking of their hands , and wringing of their hands , crying out of the calves of bethel , and the high places , popery , prelacy , and the common-prayer , in such a manner , that 't would grieve a bodies heart to see ' um . citt. these are consciencious men bumpkin , and this is the conscience of state or profit , that i told ye of . bum. ay , but i have seen some men in fits of the spirit , jump , and sting about a pulpit so desperately , that they set the children a crying to have 'um let out . one while they 'd raise themselves upon their tip-toes , and roar out upon a suddain , you 'd have thought they had been pinch'd with hot irons ; and then all in an instant , they 'd dop down again , that ye could hardly see 'um ; and so fall into a faint , lamenting voice , like the grone of a poor woman three quarters spent in labour . nay there was one of 'um that gap'd , and held his mouth open so long , that people cry'd out , the man has a bone in his throat . these must needs be very consciencious men , citt. citt. they are so bumpkin , but 't is the same conscience still ; for it works all manner of ways . we took up this mode i suppose , from the transports , and grimaces of the pagan priests , in the ceremony of their sacrifices , which had a very effectual operation upon the people . bum. nay citt , these men have a holy way of language too , as well as of behaviour , for all their talk is of heaven , and heavenly things , the saints and the new jerusalem ; they deal mightily , in expositions upon the viols , and the little horn : and then they are bitterly severe against wicked magistrates , and those that lord it over gods heritage . they are in fine a very consciencious sort of people . citt. oh beyond question so they are : but this is still a branch of the same conscience . i have known indeed some people so transported with this same talkative holiness , that it has been a kind of spiritual salivation to 'um ; they continue spitting when they have not one drop of moisture left 'um in their bodies . bum. prethee citt , tell me in honest english , where shall a body finde the simple , and the religious consciences thou told'st me of ? citt. why every man living has the former of 'um , but takes no notice on 't : but for the latter sort , 't is very scarce ; and you shall finde more of it perhaps in one iayle , or in one hospital , then in all the courts of christendom . it is commonly the blessing of men in years , in sicknesse , or in adversity . bum. ah citt , that i were but as capable of learning as thou art of teaching ! pre'thee explain thy self a little upon the conscience of profession too . citt. observe me what i say then , bumpkin ; there is a profession , particular , and general : particular , as when one cavalier serves another in a duell , he 's oblig'd to 't by the profession of a sword-man , without formalizing upon the cause . there 's a conscience of profession even among the banditi themselves . what is it but the profession of presbytery , that makes the whole party oppose episcopacy ; as the independents do presbytery ; the republicans , monarchy , and the like . bum. now i thought that there might have been conscience of state , as well as of profession in these cases . citt. thou sayst very well , bumpkin , and so there is , and of profit too ; and it was much the same case too , throughout the circle of our late revolutions , when we swore and vow'd from the oaths of allegiance , and canonical obedience , to the protestation , the solemn league and covenant , the engagement , the negative oath , the oath of abjuration , and so till we swore round , into the oath of allegiance again . bum. what do you mean now by your generall profession ? citt. i mean the subordination of a partiall to a generall , of a private profession to a publick ; as thou seest in the late times , bumpkin , how strictly the divided reformers kept themselves to this rule , so long as the common enemy was upon his legs . bum. but who do you mean by the common enemy ? citt. i mean , the court , and the church-party . so long ( i say ) all our brethren of the separation joyn'd as one man , against that inordinate power ; and herein we were conscienciously true to our general profession ; but so soon as ever we had subdu'd that popish and tyrannicall interest , through the conscience of our general profession , we then consulted our particular ; and every man did conscienciously labour for the establishment of his own way . but now we come to the great nicety of all ; that is to say , the conscience of making a conscience of using any conscience at all : there 's a riddle for ye , bumpkin . bum. i must confess i do not understand one bitt on 't . citt. that 's for want of a discerning spirit bumpkin . what does conscience signifie to the saints , that are deliver'd from the fetters of morall obligations , by so many extraordinary and over-ruling priviledges , which are granted in a peculiar manner to the people of the lord ? what 's he the better , or the worse , for keeping or for breaking the ten commandments , that lies under the predestinarian fate of an unchangeable necessity and decree ? what needs he care for any other guide , that carries within himself an infallible light ? or he for any rule at all that cannot sin ? for the same thing may be a sin in another man , which in him is none . bum. really this is admirable : so that we that are the elect are bound up by no laws at all , either of god or of man. citt. why look you now for that ; we are , and we are not. if it so happens that the inward and invisible spirit move us to do the same thing , which the outward , and visible law requires of us ; in that case we are bound ; but so , as to the spirit , not to the law : and therefore we are bid to stand fast in our christian liberty . bum. that 's extreamly well said , for if we christians should be shackled with human laws , which can only reach the outward man , then are the heritage of the lord , in no better condition then the wicked , and the heathen . citt. oh! th' art infinitely in the right : for if it were not for this christian liberty , we could never have iustify'd our selves in our late transactions : the designe of overturning the government had been treason ; taking up arms against the king , rebellion ; dividing from the communion of the church had been schism ; appropriating the church plate , and revenues to private uses , had been sacriledge ; entring upon sequester'd livings had been oppression : taking away mens estates had been robbery ; imprisoning of their persons had been tyranny ; using the name of god to all this , would have been hypocrisy , forcing of contradictory oaths had been impiety , and shedding the blood both of the king , and his people , had been murther : and all this would have appear'd so to be , if the cause had come to be try'd by the known laws either of god , or of man. bum. make us thankfull now ! what a blessed state are we in , that walk up to our calling , in simplicity and truth , whose yea is yea , and whose nay is nay . 't is a strange way thou hast , citt , of making things out to a man. thou wert saying but now , that the same thing may be a sin in one man , and not in another . i 'm thinking now of the jesuites . citt. oh that 's a iugling , equivocating , hellish sort of people ; 't is a thousand pitties that they 're suffer'd to live upon the earth ; they value an oath no more then they do a rush. those are the heads of the plot now upon the life of the king , the protestant religion , and the subversion of the government . bum. ay , ay , citt , they 're a damn'd generation of hell-hounds . but , as i was thinking just now ; we have so many things among us , like some things among them , that i have been run down some times allmost , as if we our selves were jesuites ; though i know there 's as much difference , as betwixt light , and darknesse : and for my part , i defie them as i do the devill . but citt thou hast so wonderfull a way of making matters plain , i 'de give any thing in the world thou'dst but teach me what to say in some cases , when i 'm put to 't . one told me 'tother day , you are rather worse then the iesuites ; ( says he ) for when they break an oath , they have some mental reservation or other for a come-off : but you swallow your perjuryes , just as cormorants do eeles ; an oath 's no sooner in at one end , then out at t'other . citt. let your answer be this , bumpkin , that the law-maker is master of his own laws ; and that the spirits dictating of a new law , is the superseding of an old one . bum. these are hard words , citt ; but he told me further , don't you justifie king-killing ( says he ) as well as the iesuits ? only they do 't with pistol , dagger , and poyson ; and you come with your horse , foot , and cannon : they proceed by excomunicating , and deposing ; by dissolving the character , first , and then destroying the person ; and just so did you. first , ye depos'd the king , and then ye beheaded charles stuart . and then you need never go to rome for a pardon , when every man among you is his own pope . citt. now your answer must be this ; that we had , first , the warrant , for what we did , of an extraordinary dispensation . ( as appear'd in the providence of our successes ) secondly , we had the laws of necessity , and self-preservation to support us . and thirdly , the government being coordinate , and the king only one of the three estates ; any two of the three might deal with the third as they thought fit : beside the ultimate soveraignty of the people , over and above . and now take notice , that the same argument holds in the subversion of the government . bum. now you have arm'd me thus far , pray'e help me on , one step farther ; for i was hard put to 't not long since , about the businesse of the protestant religion . what is that , i pray'e , that ye call the protestant religion ? citt. you are to understand , that by the protestant religion is meant the religion of the dissenters in england , from the church of england ; as the first protestants in germany . ( from whom we denominate our selves ) were dissenters from the church of rome : and so call'd from the famous protestation they enter'd against the decree of the assembly at spires , against anabaptists . bum. so that i perceive we set up the protestant religion ; we did not destroy it : but they prest it then , that the church of england was a protestant church , and that the jesuites had only design'd the destruction of it , where as we did actually execute it . citt. your answer must be , that the church of england , though it be a little protestantish , it is not yet directly protestant : as on the other side , it is not altogether the whore of babilon , though a good deal whorish ; and therefore the reply to that must be , that we did not destroy , but only reform it . bum. why i have answer'd people out of my own mother-wit , that we did but reform it . and they told me again , the cutting of it off root and branch , was a very extraordinary way of reforming . citt. the answer to that is obvious , that the cutting off root and branch , is only a thorow , or a higher degree of reforming . but upon the whole matter , it was with us and the iesuites , as it was with aaron and the magicians ; we did both of us , make froggs , but we alone had the power to quicken the dust of the land , and turn it into lice . thou art by this time , i presume , sufficiently instructed in the methods , and fundamentalls of the holy cause . i shall now give you some necessary hints , to fit , and quallify you for the province that i intend you . but besure you mind your lesson . bum. as i would do my prayers , citt , or i were ungratefull , for you have made me for ever . citt. come we 'l take 'tother sup , first , and then to work . who wayts there without ? two potts more , and shut the door after ye . a great part of your businesse , bumpkin , will ly among parliament-rolls , and records ; for it must be our post to furnish materialls to a caball only of three persons , that may be ready upon occasion , to be made use of by the grand committes . bum. my old master would say that i had as good a guesse at a musty record , as any man ; and 't was my whole employment almost , to hunt for presidents . nay the people would trust me with great bags home to my lodging ; and leave me alone sometimes in the offices for four and twenty hours together . citt. but what kind of presidents were they that ye lookt for ? bum. concerning the kings prerogative , bishops votes , the liberty and property of the subject ; and the like : and such as they wanted , i writ out . citt. but did you recite them whole ? or what did you take , and what did you leave ? bum. we took what serv'd our turn , and left out the rest ; and sometimes we were taken tripping , and sometimes we scap'd : but we never falsify'd any thing . there were some dogged passages , indeed we durst not meddle with at all ; but i can turn ye to any thing you have occasion for , with a wet-finger . citt. so that here●s one great point quickly over ; in thy being train'd to my hand : a man might lay thee down instructions , now , for thy very words , looks , motions , gestures ; nay thy very garments ; but we 'l leave those matters to time , and study . it is a strange thing how nature puts her self forth , in these externall circumstances . ye shall know a sanctifi'd sister , or a gifted brother more by the meene , countenance , and tone , then by the tenour of their lives , and manners . it is a comely thing for persons of the same perswasion , to agree in these outward circumstances , even to the drawing of the same tone , and making of the same face : always provided , that there may be read in our appearances , a singularity of zeal , a contempt of the world , a fore-boding of evills to come ; a dissatisfaction at the present times ; and a despair of better . bum. why this is the very part , that i was made for ; these humours are to be put on , and off ; as a man would shift his gloves ; and you shall see me do 't as easily too ; but the language must be got , i phansy , by conversing with modern authours , and frequenting religious exercises . citt. yes , yes , and for a help to your memory i would advise you to dispose of your observations into these three heads , words , phrases , and metaphors : do you conceive me ? bum. there 's not a word you say , falls to the ground . and i am the more sensible of the force of words , looks , tones , and metaphors ( as ye call 'um ) from what i finde in my self . ours certainly may be well term'd a powerfull ministry , that makes a man cry like a child at the very noyse of a torrent of words that he does not understand one syllable of . nay , when i have been out of reach of hearing the words , the very tone and look , has melted me . citt. thou canst not but have heard of that moving metaphor of the late reverend mr. fowler : lord sowse us ; ( says he ) lord dowse us , in the powdering-tubb of affliction ; that we may come forth tripes worthy of thy holy table . who can resist the inundation of this rhetorique ? but let us now pass from the generall ornaments of our profession , to the particular businesse of our present case . i need not tell you , bumpkin , of the plott , or that we are all running into popery ; and that the best service an englishman can do his country , would be the ripping up of this designe to the bottom . bum. i am so much of your opinion , that you have spoken my very thoughts . citt. bethink your self , bumpkin ; what papists do you know ? bum. oh , hang 'um all , i never come near any of ' um. citt. but yet you may have heard , perhaps , of some people that are popishly affected . bum. yes , yes ; there are abundance of them. citt. can you prove that ever they sayd , or did any thing , in favour of the papists ? bum. nay there 's enough of that i believe ; but then there are such huge great men among ' um . citt. pluck up a good heart bumpkin ; the greater , the better ; we fear 'um not . rub up your memory , and call to minde what you can say upon your own knowledge , and what you have heard ; either about sir edmond-bury godfrey , the plott ; the traytors that suffer'd , or the kings evidence . bum. i have seen people shrug sometimes , and lift up their hands and eyes , and shake their heads , and then they would clutch their fists , look sour , make mouths , and bite their nails , and so : and i dare swear i know what they thought . citt. ah bumpkin , if they had but so much as mutter'd , they 'd been our own . bum. well but hark ye citt , i hear people swear , or in words to this effect ; why may not a man as well swear , in signs to this effect ? and that they lifted up their eyes , and hands , bent their fists , knit their brows , and made mouths , to this or that effect ? citt. no , that will never do bumpkin , but if thou could'st but phansy that thou heard'st them speak . bum. why truly i never thought on 't , but i saw a parson once , the tears stood in his eyes , as one of 'um went by to execution . but your surcingle-men , ( as our doctor told us last lords day ) are all of 'um papists in their hearts . citt. why what 's the common-prayer book bumpkin , but a mess of parboyl'd popery ? bum. i 'm a dog , if our minister does not pray for the queen still . citt. nay , we are e'en at a fine pass , when the pulpit prays for the queen , and the bench drinks the duke of yorks health . but to the point , bethink your self well ; a man may forget a thing to day , and recollect it to morrow . take notice however , that it is another main point of your instructions to procure informations of this quality . bum. i 'le fit you to a hair for that matter : but then i must be running up and down ye know , into taverns , and coffee-houses , and thrusting my self into meetings , and clubs . that licks mony . citt. never trouble your self for that , you shall be well paid and your expences born : beside so much a head from the state , for every priest that you discover . bum. well! these priests and jesuites are damn'd fellows . citt. and yet let me tell you bumpkin , a bare fac'd papist is not half so bad as a papist in masquerade . bum. why what are those i prethee ? citt. they are your will-worship-men , your prelates brats : take the whole litter of 'um , and you 'l finde never a barrel better herring . let me tell thee in love bumpkin , these curs are forty times worse to us then the iesuits themselves ; for the one is an open enemy , the other lies gnawing like a canker in our bowells . and then being train'd up to latin and greek , there 's no opposing of the power of godlinesse to the sophistry of human reason : beside that , the law is for us in the one case , and against us in the other . bum. which way shall we go to work then , to deal with this generation of men ? citt. we must joyn the wisdom of the serpent , to the innocence of the dove ; and endeavour to compass that by stratagem , which we cannot gain by argument . but now am i going to open a mistery to thee , that 's worth — bum. prethee the worth on 't citt : for talk is but talk , the worth is the main point . citt. why then let me tell thee bumpkin , the mistery that i am about to disclose to thee , was worth to our predecessours not long since , no less then three kingdoms , and a better penny . but i 'le seal your lips up , before i stir one step further . bum. why look ye citt , may this drink never go thorough me , if i ever blab one syllable of any thing thou tell'st me as a secret. citt. hold , hold , bumkin , and may it never come up again if thou do'st ; for we 'l have no shifting . bum. and may it never come up again neither if i do . citt. well , i 'm satisfy'd , and now give attention ; thou seest how unanimously fierce all the several parties of the protestant dissenters are against the papists . whence comes this conjunction , i prethee , of so many separate congregations , that are many of them worse then papists , one to another ? there must be in it , either conscience , or interest : if it were conscience , we should fall foul one upon another , and for matter of interest ; when the papists are destroy'd , we are but still where we were . bum. this is a crotchet , citt , that did not fall under my night-cap . citt. be enlighten'd then . it is not the destruction of those that are really papists , that will do our work ; for there 's nothing to be got by 't . but it must be our business to make those people pass for papists , that are not so , but only have places to lose : such as we our selves , by the removal of them , may be the better for ; and this , bumpkin must be our master-piece . bum. i had this very phansy my self , citt ; but it stuck betwixt my teeth , and would not out . citt. you hear now in general , what is to be done ; you must be next instructed in the acts of raising , cherishing , and fomenting such opinions ; in what cases to improve them , and where to apply them . bum. i 'm perswaded my masters brother had this very thing in his head , though he never made any words on 't to me , he had got a list of all the considerable offices and employments in the kingdom : and i remember he was us'd to say , that most of the respective officers were either corrupt , or popishly affected . if they were publick ministers ; either the kings councells were betray'd , or they put him upon governing in an arbitrary way , and without parliaments : as for the judges there was either bribery , absolute power , or oppression laid to their charge ; and so all the rest were branded for frauds , imbezilments , and the like , according to the quality of their businesse : all the governours of towns , castles , and forts , were popishly inclin'd ; and not to be trusted . and then all ecclesiasticall officers , whatsoever , within four or five , were half way at rome already . citt. this is well remembred , bumpkin ; now 't is worth a bodies while to make these blades passe for papists , and traitors , that leave good offices behinde ' um . nay , we must not suffer so much as any man , either of brains , or fortune ( that does not joyn with us ) to passe untainted . bum. thou say'st right , citt ; for whosoever is not with us , is against us . citt. thou hast spoken patt to this point , bumpkin ; but yet thou begin'st at the wrong end ; for you must first get the skill of raising , and improving a report , before ye come to the fixing of it : for that 's a nicety not to be medled with , till we come to the taking out of the very pins , and the unhinging of the government ; so that the first clamour must be level'd point-blank at some known , and eminent papists . bum. well , but what shall we charge 'um with ? citt. why , if we were once at the bottom of this plot ( which , upon my soul , bumpkin , is a most hideous one ) and wanted matter for another , i would charge them with a designe of betraying us to a foreign enemy . bum. as how a forreign enemy pre'thee ? citt. as thus : i would charge 'um with holding an intelligence with the emperor of morocco , for the landing of five and thirty thousand light-horse men upon salisbury plain . bum. pre'thee , citt , don't romance . citt. pre'thee do not balderno , ye should say ; speak statutable english , ye fool you . thou think'st perhaps that the people will not believe it : observe but what i say to thee ; let it but be put into the protestant domestique , that his imperiall majesty is to hold up his hand at the kings bench-barr for 't , and let me be dogs-meat if they do not swallow that too . why pre'thee , bumkin , we must make 'um believe stranger things than this , or we shall never do our businesse . they must be made to believe that the king intends to play the tyrant ; that all his counsellors are pensioners to the french king ; that all his enemies are turn'd his friends , o' th sodain , and all his friends , his enemies ; that prelacy is anti-christian ; all our clergy-men , papists , the liturgy the masse-book , and that the ten commandments are to be read backward . bum. blesse me , citt , what do i hear ? citt. come , come , sirrah ; y' are under an oath ; and this is the plain truth on . what is it to thee and me , i pre'thee , whether the great ministers be true , or false ; or what religion , the clergy are of , so long as their livings ye rogue , are orthodox , and their offices well-affected . bum. this does qualifie , i must confesse . but you were saying , that the first clamour should be levell'd at some known and eminent papists : now what comes after that , i beseech you ? citt. you may safely mark all their friends then for popishly-affected ; and so consequently on all that love them , and all that they love. when this opinion is once started , 't is an easy matter , by the help of invention , and story , to improve it ; and by this means we shall come , in a short time to secure all the councils of the nation to our party , that are chosen by suffrage . if you were read in history you would sinde , that still as the papists set the house on fire , the non-conformists took the opportunity of rosting their own eggs. bum. yes , yes , i understandye . as for example now , one goes to the lords in the tower , another ( as you were saying ) drinks the dukes health , a third prays for the queen : a fourth phansies two plots ; a fifth refuses the petition , a sixth speaks well of my lord chief justice , or calls the protestant domestick a libel . all these now are popishly-affected . citt. save your breath bumpkin , and take all in one word : whosoever will not do as we would have him shall be made so . but now to the matter of invention , and story ; i hate the over-hearing of discourses , in blinde allyes , and such ordinary shams : i 'm rather for coming downright to the man , and to the poynt ; after the way of the protestant domestique . bum. ay , ay : there 's your free speaker . well citt , the king wants such men about him . but pre'thee hear me ; is it certain his majesty has lent the king of france three millions ? citt. no , no ; some two and a half ; or thereabouts . bum. why , if the king would but make a league now with the swiss to keep the turk off , that way ; and another with the protestants in hungary , to keep off the french , the whole world could never hurt us . citt. nay that 's true enough , but then the pole lies so damnably betwixt us and the baltique . bum. i 'de not value that a half-penny , so long as we have the waldenses to friend . citt. and then new-england lies so conveniently for provisions . but what do you think of drawing nova scotia , and geneva into the alliance ? bum. ay , but there 's no hope of that : so long as the king follows these counsells . citt. thou art a great read man i perceive in the interests of states . bum. i have always had a phansy to stows survey of london , and those kinde of books . citt. but good bumpkin , what 's thy opinion of the bishops votes , in case of life and death ? bum. ay , or in cases of heaven and hell either . why as true as thou art a man citt , we have but three protestant bishops in the nation ; and i am told they are warping too . citt. prethee why should we look for any protestant bishops in the kingdom , when there 's no protestant episcopacy in the world ? but for all this , we may yet live to see the rufling of their lawn sleeves . bum. oh , now i think on 't ; didst thou ever reade the story of moses and the ten tables ? citt. the two tables in the mount thou mean'st . bum. gad i think 't is the two tables . i read it in print to'ther day , in a very good book , that as sure as thou art alive now , the bishops in henry the th . made the ten commandments . citt. why that was the reason , bumpkin , when the lords and commons put down bishops , they put down the ten commandments too ; and made new ones of their own. and dost not thou take notice that they put down the lords prayer too , because 't was akinn to the popish pater-noster ? and then for the creed , they cast it quite out of the directory . bum. now as thou lay'st it down to me , the case is as clear as christal . and yet when i 'm by my self sometime , i 'm so affraid methinks of being damn'd . citt. what for , ye fop you ? bum. why for swearing , lying , dissembling , cheating , betraying , defaming , and the like . citt. put it at worst , do not you know that every man must have his dos of iniquity ? and that what you take out in one way you abate for in another , as in profaning , whoring , drinking , and so forth . suppose you should see poyson set in capital letters , upon seaven vials in a laboratory ; 't were a madness i know , for any man to venture his life upon 'um , without a taster . but having before your eyes so many instances , of men that by drinking of these poysonous liquors , out of a consumptive , half-starv'd , and heart-broken condition , grow merry , fat , and lusty , would not you venture too ? imagine these seven waters to be the seven deadly sins , and then make your application . bum. nay , the case is plain enough , and i cannot see why that should be a poyson to me , that 's a preservative to another : only our adversaries twit us with objections of law forsooth , and religion . citt. wherefore the discipline of the late times sav'd a great deal of puzzle . mr. prynn sent his clients to mr. case for religion ; and mr. case , in requital , sent his to mr. pryn for law ; which kept up a concord among the well-affected . but your lesson in both these cases , falls into a very narrow compass . bum. pray'e let it be plain that i may understand it ; and short that i may remember it . citt. keep close only to these three positions : first , that the king is one of the three estatos ; secondly , that the sovereign power is in the people ; and thirdly , that it is better to obey god , then man. these fundamentals will serve to guide ye in allmost any dispute upon this matter , that can occur to you . bum. but what becomes of me , if my adversaries should turn the question another way ? citt. i 'le fortify you there too . and let me tell you that he 'l have much ado to keep himself clear of one of these two rocks : either of dashing upon the plott , or upon the liberty of the subject . as for example , there 's l'estrange ; as wary a dog perhaps , as ever pist ; and yet ye shall see how we have hamper'd him. i writ the thing my self , ye must know , though it comes out in the name of the authour of the weekly pacquet of advice from rome . 't is dedicated to both houses of parliament ; and design'd just for the th . of ianuary : so that if the parliament had set , there would have been means us'd to have had him question'd for 't . bum. gad , i know where y' are now . 't is in the preface to the history of the damnable popish plott . citt. ay , that 's it . i 'le give ye first , the words in 't that concern l'estrange , and you shall then see the writings of his that i have reflected upon . bum. oh , 't is a devillish witty thing , citt ; i have seen it . methinks the rogue , should hang himself out of the way : i 'le go to mans coffee-house and see how he looks on 't . citt. no , no , pox on him ; he 's an impudent curr ; nothing less than a pillory will ever put him out of countenance . this toad was in newgate , i know not how long ; and yet he 'l take no warning . bum. you must consider , citt , that he writes for money ; o my soul , they say , the bishops have given him five hundred guynnyes . but pre'thee citt ; hast not thou seen the answer to the appeal , expounded . citt. yes , but i ha' not read it . bum. why then take it from me , citt , 't is one of the shrewdest pieces that ever came in print . l'estrange , you must know , wrote an answer to the appeal . citt. we 've a sweet government the while , that any man should dare to fall foul upon that appeal . bum. well , but so it is ; and another has written notes upon him : you cann't imagine citt , how he windes him about 's finger ; and calls him fidler , impudent , clod-pate ; and proves , him to be a jesuite , and a papist , as plain as the nose of a mans face : he shews ye how he accuses the kings evidence ; and that he is in both plots , in i know not how many places . citt. i have known the man a great while ; and let me tell ye in private , i am to draw up articles against him . but i have been so busy about my lord chief iustices articles , and other articles against a great woman , that lay upon my hand , that i could not get leisure ; and yet i should have met with him long e're this too , for all that , but that the committee sits so cursedly late : and then they have cut me out such a deal of work about the succession . well i heard a great lord say , that that history of his deserv'd to be burnt by the hand of the common hangman . bum. bravely sayd , citt , i faith : who knows but we two may come to be pillars of the nation ? thou shalt stand up for the city , and i for the country . enter trueman out of a closet . citt. trepan'd , by the lord , in our own way . trueman . nay hold , my masters ; we 'l have no flinching . sit down , ye had best , without putting me to the trouble of a constable . citt. why we have said nothing , sir , that we care who hears ; but because you seem to be a civill gentleman , my service to you , sir. bum. ay , sir ; and if you 'l be pleas'd to sit down and chirp over a pot of ale as we do , y 're wellcome . true. very-good ; and you are the representative ( forsooth ) of the city , and you , of the country . two of the pillars of the nation , with a horse-pox ; a man would not let down his breeches in a house of office that had but two such supporters . do not i know you , citt , to be a little grubstreet-insect , that but 'tother day scribled handy-dandy for some eighteen-pence a iob , pro and con , and glad on 't too ? and now , as it pleases the stars , you are advanc'd from the obort , the miscarriage , i mean , of a cause-splitter , to a drawer-up of articles : and for your skill in counterfeiting hands , preferr'd to be a sollicitor for fobb'd petitions : you 'l do the bishops bus'nesse , and you 'l do the dukes bus'nesse ; and who but you , to tell the king when he shall make war , or peace ; call parliaments , and whom to commit , and whom to let go ? and then in your fuddle , up comes all ; what such a lord told you , and what you told him ; and all this pudder against your conscience too , even by your own confession . citt. y' are very much mis-inform'd of me , sir. true. come , i know ye too well to be mistaken in you ; and for your part , bumpkin , i look upon you only as a simple fellow drawn in . bum. not so simple neither , it may be , as you take me for . i was a justices clerk in the countrey , till the bus'nesse of the petitions ; and my master was an honest gentleman too , though he 's now put out of commission : and to shew ye that i am none of your simple fellows ( do ye mark ) if ye have a minde to dispute upon three points , i 'm for you . first , the king is one of the three estates ; secondly , the sovereign power is in the people . and thirdly , 't is better to obey god then man. citt. always provided , bumpkin , that the gentleman take no advantage of what 's spoken in discourse . true. no , there 's my hand i will not ; and now let 's fall to work . if the king of england be one of the three estates , then the lords and commons are two thirds of the king of england . bum. oh pox , you 've a minde to put a sham upon the plot , i perceive . true. nay , if y' are thereabouts : — well ; if the soveraignty be in the people , why does not the law run in the name of our sovereign lords the people ? bum. this is a meer jesuitical trick , to disparage the kings witnesses ; for they are part of the people . now do you take up the cudgels , citt. true. do so , and we 'l make it a short business , and let 's have no shifting . now to shew ye that i gave good heed to your discourse , i 'le run over the heads of it as you deliver'd them . first , for committees , and grand committees , what are they compounded of , but republicans , and separatists , a medly of people disaffected both to church and state ? this you cannot deny ; and that they would not suffer any man otherwise affected , to mingle with them . now beside the scandal , and ill example of such irregular conventions , whoever considers their principles , may reasonably conclude upon their designs : for they are wiser , i hope , then to lay their heads together to destroy themselves . citt. but it is hard , if protestants may not meet as well as other people . true. yes , protestants may meet , but not in the quality of conspirators , no more then conspirators , may meet under the cloak , and colour of protestants . the intent of the meeting is matter of state , and you turn it off , to a point of religion . citt. but is it not matter of religion to joyn in a petition for the meeting of a parliament , to bring malefactors to a tryall , and to extirpate popery ? true. such a petition as you instance in , is in the appearance of it , not only lawfull , but commendable ; but then it must be promoted by lawfull means , and under decent circumstances . 't is a good thing to preach , or catechize , but it is not for a lay-man presently to pluck the parson out of the desk , or pulpit , that he himself may do the office. it is a good thing to execute iustice , but yet a private man must not invade the iudgment-seat , though it were to passe even the most righteous sentence . citt. the king may chuse whether he 'l grant or no ; so that without invading his right we only claim the liberty of presenting the request . true. that may be well enough at first ; but still , after one refusal , and that with a publick interdict on the neck on 't , forbidding the pursuance of it ; such a petition is not by any means to be repeated . first , out of respect to regal authority : secondly , as the king is the sole iudge of the matter : thirdly , upon the importunity , it is not so properly desiring of a thing , as tugging for it . fourthly , it tends many ways to the diminution of his majesties honour , in case it be obtain'd : for it implys , either levity , or fear ; or ( to make the best on 't ) the king confers the obligation , and the heads of the petition receive the thanks . now adde to all this , the suborning of subscriptions , and the inflaming of parties , , what can be more undutifull or dangerous ? citt. but do not you find many honest and considerable men concern'd in these petitions ? true. yes , in several of them i do ; and the main reason is this. there 's no man under five and fifty , at least , that is able to give any account , of the designe , and effects of this way of petitioning in forty and forty one , but by hear-say : so that this nation proceeds mostly upon the maxims , and politiques , which that republican humour deliver'd over to us : but yet let the thing , or the manner of it be as it will , those that disarm'd , and turn'd back the kentish petitioners at london-bridg . those that wounded , and murther'd the surry-petitioneres in the palace yard , only for desiring a peace , and in order to the preservation of his late majesty : those people methinks , that were fo outrageous against those petitions ( and several others of the same kind ) should not have the face now to be fo violent , for this. and whoever examines the present roll , will find the old republicans to be the ring-leaders . bum. really , citt , the man speaks reason . tru. consider then the mean ways ye have of advancing your pretensions , by falshoods , and scandals , to disappoint honest men of elections ; the use ye make of the most servile instruments , to promote your ends ; your fawning methods of popularity toward the rabble ; your ways of undermining the government of the city , as well as of the nation ; your worse then iesuitical evasions in matter of conscience ; your non-sensical salvo's , and expositions of christian liberty ; your putting out the church of englands colours , and calling your selves protestants , when you are effectually no better then algerines , and pyrating even upon christianity it self ; your beating of the wood , in the history of our most seditious times , to start presidents and records in favour of your own disloyal purposes . the pharisaical distinguishing of your selves from the profane ( as you are pleas'd to stile all others , even in your dresse , tone , language , &c. your uucharitable bitternesse of spirit ; your lying in wait for blood ; and laying of snares for the unwary and the innocent ; and still vouching an inspiration for all your wickednesse ; your gathering of all winds toward the raising of a storm ; your unity in opposition , and in nothing else : your clamours , and invectives against priests , and iesuits , when it is the church of england yet , that feels the last effect of your sacrilegious rage . 't is not so much the officers of the church , and state , that are popishly affected , but the offices themselves ; and those in the first place ( as you chuse your sins too ) that are most beneficiall . to say nothing of your wild impostures upon the multitude . — citt. now you talk of impostures , what do you think of l'estrange's history of the plot , and his answer to the appeal ? whether are those pamphlets , impostures upon the multitude , or not ? tru. you were saying e'en now , that the history of the damnable popish plot was of your writing ; answer me that question , first ; was it so , or not ? citt. no , it was not of my writing ; it was done by a protestant-club . tru. why then let me tell ye , if a man may believe the preface to that club-history , or the notes upon the answer to the appeal ( for i have read them all : ) l'estrange's pamphlets are great abuses upon the people : but if you had the books about ye , the matter were easily clear'd , by comparing them ▪ citt. by good luck we have 'um all about us , that can any way concern this question . and look ye here now . first , he calls his abridgement of the tryals , the history of the plot , without mentioning one word of the original contrivance , the preparatives , manner of discovery , and other remarkables essential to a history . . he omits staly's and reading's tryals , which yet sure had relation to the plot. . in his epistle , he seems to drown the popish plot with suggestions of an imaginary one of the protestants . . the amusing people with such stories , is notoriously a part of the ▪ grand popish designe . . whereas he tells us , that not one material point is omitted , most readers cannot finde the substantial part of mr. bedloes evidence against wakeman , ( p. of the tryall ) so much as hinted at : not to mention the gross shuffles , and omissions in pag. . and elsewhere . . he charges the printed tryals ( in his freeborn subiect p. . ) with many gross incoherences , and very material mistakes ; yet instances but one , and corrected too , as an erratum . . when our posterity shall urge these tryals for proof against papists , how easily may the subtle villains stop their mouths , by alledging from this authour that no heed is to be given to the said tryals ; ( being so publickly own'd by a person of his note , and late qualification ) to be guilty of so many , and such very material mistakes . true. observe here , first l'estrange expounds his history in the title page , by restraining it to the charge and defence of the persons there mentioned : beside that he calls it an historical abstract , and a summary , in his epistle . . staleys trial had no relation at all to the plot , and reading was not try'd for 's life ; and so not within the compass of his intention exprest in the preface . . the epistle acknowledges a detestable plot , and a conspiracy : but advises moderation , and that the rabble may not dictate laws to authority ; for that licence was the cause of the late rebellion . . it was more then a story , the murther of the late king , and the subversion of the government , and the suppressing of these necessary hints , and cautions is notoriously a part of the grand phanatical design . . in l'estranges history , here pag. and . there 's every particular of mr. bedloes evidence in sir george wakemans tryal , pag. . with many other passages over and above : whereas your damnable history here pag. . falls short at least by one half. and then for the shuffles , and omissions reflected upon , pag. . see l'estranges words , pag. . the lord chief iustice ( says he ) after some remarkes upon the romish principles , summ'd up the evidence , and gave directions to the iury : which is the substance of the page cited in the preface . touching your elsewhere , it is in plain english , no where . . look ye , here 's more juggling . he says several gross incoherences , and you have made them many : and then you have left out the parenthesis , ( especially in the latter of them ) which varies the case too . and i remember again , that the erratum was supply'd after l'estrange had corrected it : and sure it was a gross one too , to expose a protestant gentleman for a papist , nine times in two pages . i could shew ye several other material mistakes , but one shall serve for all . pag. . ( as i take it ) of irelands tryal ; which you will finde charg'd upon the press , in l'estranges history , pag. . . pray'e mark me now : l'estrange findes errours of the press in the other tryals and rectifies them , in his own : now if posterity shall finde in the right , that the other are wrong , they are in no danger of being misled by the one , in what is corrected by the other : and if they do not read the right copy at all , there 's no harm done to the other , but they must take it as they finde it . so that this remark is so far from disparaging the proceedings , that a greater right can hardly be done to publick iustice by a pamphlet . but now let the epistle speak for it self . to the reader . there has not been any point , perhaps , in the whole tract of english story , either so dangerous to be mistaken in , or so difficult , and yet so necessary to be understood , as the mystery of this detestable plot now in agitation . ( a judgement for our sins , augmented by our follies , ) but the world is so miserably divided betwixt some that will believe every thing , and others nothing , that not only truth , but christianity it self is almost lost between them ; and no place left for sobriety and moderation . we are come to govern our selves by dreams and imaginations ; we make every coffee-house tale an article of our faith ; and from incredible fables we raise invincible arguments . a man must be fierce and violent to get the reputation of being well-affected ; as if the calling of one another damned heretique , and popish dog , were the whole sum of the controversie . and what 's all this , but the effect of a popular licence and appeal ? when every mercenary scribler shall take upon him to handle matters of faith , and state ; give laws to princes ; and every mechanique sit judge upon the government ! were not these the very circumstances of the late times ? when the religious jugglers from all quarters fell in with the rabble ; and managed them , as it were , by a certain sleight of hand : the rods were turned into serpents on both sides ▪ and the multitude not able to say , which was aaron , and which the enchanter . let us have a care of the same incantation over again . are we not under the protection of a lawfull authority ? nor was there ever any thing more narrowly sifted , or more vigorously discouraged , then this conspiracy . reformation is the proper business of government and council ; but when it comes to work once at the wrong end , there is nothing to be expected from it , but tumult and convulsion . a legal and effectual provision against the danger of romish practices and errours , will never serve their turn , whose quarrel is barely to the name of popery , without understanding the thing it self . and if there were not a roman catholick lef● in the three kingdoms , they would be never the better satisfied , for where they cannot find popery , they will make it : nay and be troubled too that they could not find it . it is no new thing for a popular out-cry , in the matter of religion , to have a state-faction in the belly of it . the first late clamour was against downright popery ; and then came on popishly affected ; ( that sweeps all . ) the order of bishops , and the discipline of the church took their turns next ; and the next blow was at the crown it self ; when every man was made a papist that would not play the knave and the fool , for company , with the common people . these things duly weighed , and considering the ground of our present distempers ; the compiler of this abridgment reckoned that he could not do his countrymen a better office , than ( by laying before them the naked state of things ) to give them at one view , a prospect , both of the subject matter of their apprehensions , and of the vigilance , zeal , and needful severity of the government on their behalf . to which end , he hath here drawn up an historical abstract of the whole matter of fact concerning those persons who have hither to been tryed for their lives , either upon the plot it self , or in relation to it : opposing authentick records to wandring rumours ; and delivering the truth in all simplicity . he hath not omitted any one material point : there is not so much as one partial stroke in it ; not a flourish , nor any thing but a bare and plain collection , without any tincture either of credulity , or passion . and it is brought into so narrow a compass too , that it will ease the readers head , as well as his purse ; by clearing him of the puzzle of forms , and interlocutories , that serve only to amuse and mislead a man , by breaking the order , and confounding the relative parts of the proceeding . having this in contemplation ; and being at the same time possest of a most exact summary of all passages here in question ; this reporter was only to cast an extract of these notes into a method : especially finding , that upon comparing the substance of his own papers , with the most warrantable prints that have been published ; his own abstract proved to be not only every jot as correct , but much more intelligible , which being short and full ; he thought might be useful , and find credit in the world upon its own account , without need of a voucher . true. you have now the whole matter before you ; the epistle , ye see , justifies it self : and then for the narrative , i dare undertake he shall yield up the cause , if you can but produce any one material point , which he hath either falsify'd , palliated , or omitted , in the whole proceeding . but to be plain with you , citt , one of the authours of your preface is a common setter , a forger of hands , a little spy upon the swan in fishstreet ; a hackny sollicitor against both church and state : you know this to be true citt ; and that i do not speak upon guess ; so that calumny , and false witnessing is the best part of that authours trade . and then the pretended history is a direct arraignment of the government . he takes up the king and council , pag. . reflects upon the iudges in the very contents , and elsewhere ; he descants upon the duke of york , in opposition to the express sense and declaration of the bench , pag. . and has the confidence yet to dedicate this gally-mawfry of audacious slanders to the two houses of parliament . there is little more in the whole , then what has been eaten and spew'd up again thirty times over : and the intire work is only a medly of rags , and solaecisms , pick'd up out of rubbish , and most suitably put together . citt. you may take his part as ye please , but there 's a famous lecturer charg'd him publiquely for popery , in his answer to the appeal ; and for falling upon dr. lloyd . true. he did so ; but at the same time that lecturer found no fault with the appeal it self ; and the best on 't is , his tongue 's no more a slander then his pen : and whoever reads what he has written concerning the late king , and the episcopal church , will think never the worse of l'estrange for what he says . now for the reverend dean of bangor , i dare say he never spake , or thought of him , but with veneration . let me see the book . look ye here , 't is pag. . in l'estrange's impression , and 't is pag. . in this ; and here 's the point [ their loyalty and good service paid to the king ( says the appealer speaking of the papists ) was meerly in their own defence ] now see l'estrange's reply upon it , if it lies ( says he ) as a reproach upon them that they did not serve the king out of loyalty ; that which they did , was yet better then not serving him at all ; and better in a higher degree still , then fighting against him . and a little after . it is worth the observation , that not a man drew his sword in the opposite cause , who was not a known separatist ; and that on the other side , not one schismatick ever struck stroke in the kings quarrell . and now for your notes upon his answer , they are so silly , that it were ridiculous to reply upon 'um [ who knows ( says he ) but the regicides were papists in disguise , pag. . ] and a deal of such senselesse stuff ; enough to turn a bodies stomach . and if you 'd inform your self of his malice ; look ye here pag. . p. . and p. . how he palliates , if not justifies , the late rebellion , the murther of the arch-bishop of st. andrews , and the drawing of the sword against the king. briefly , 't is an insipid bawling piece of foolery , from one end to the other . and it is not but that i highly approve of your zeal for the discovery of the plot , and suppressing of popery ; but we are not yet to trample upon laws , and publique orders , for the attaining even of those glorious ends . but now i think on 't ; deal freely with me ; did you really go to the registers ye spake of , to furnish names for your subscriptions ? citt. no ; that was but a flourish : but all the rest we literally did . true. are not you conscious to your selves of your iniquities ? who made you a commissioner for the town , or you for the country ? but we are like to have a fine business of it , when the dreggs of the people set up for the representatives of the nation ; to the dishonour of the most considerable , and sober part of the kingdome . pre'thee bumpkin , with thy poles , and baltiques , how shouldst thou come to understand the ballance of empires ? who are delinquents , and who not ? the right of bishops votes ? and you ( forsooth ) are to teach the king when to call a parliament , and when to let it alone . and are not you a fine fool i' the mean time , to drudg fot the faction that sets ye on , to be afterwards made a slave for your pains ? and then for you , citt , with your mouldy records , your co-ordinate estates , and your sovereign power of the people . do not i know all your fallacies , your shifts , and hiding-holes ? there 's not one step you set , but i can trace you in 't : you have your spies upon all libraries , as well as conversations ; your agents for the procuring of old manuscripts , and records , and for the falsifying of new ones , to make them look like old ones . nay , the papers of state themselves had much ado to scape ye . those that assert the iust rights of the crown , you either bury or conceal ; only publishing the presidents of seditious times , in vindication of such principles . citt. i must confess i take the government to be co-ordinate , and the king one of the three estates , with submission to be better inform'd . true. if it be so , how comes it that the house of commons even in their most popular seasons , have still own'd the crown of england to be imperial ? how comes it that all our laws are call'd the kings laws : all our courts of iustice his majesties courts , and all publick causes try'd in the kings name , and by the authority of his majesty ? citt. but have not the two houses their share in the legislative power ? true. you must distinguish betwixt the consent , and the sanction ; the preparatory part is their's , the stamp is the kings : the two houses consent to a bill ; it is only a bill , when it is presented , and it remains yet a bill , even when the king has consented to it ; and in this common consent , in order to a law , the two houses may be said to share with his majesty : but then the fiat , that superinduces an authority , and is only , and properly the act of legislation , is singly in the king. so that though they share in the consent , they have no pretence at all to the sanction : which is an act of authority ; the other but of agreement . and yet again , admitting your coordination ; first , every king runs the hazzard of his crown upon every parliament he calls : for that third estate lies at the mercy of the other two : and further , 't is a kinde of ringing the changes with the government , the king and lords shall be uppermost one day , the king and commons , another , and the lords and commons , the third : for in this scale of constitution whatsoever the one will not , the other two , may . citt. well ; but ours is a mixt government , and we are a free people . tru. if ours be a mixt government , so as to any popular participation of power with the king ; then it is not a monarchy : ( which is the government only of one ) but if you 'l call it a qualifi'd government ; so as to distinguish it from an absolute and unlimited government , i●le agree with you . but let the government be what it will , and where it will , let it do right or wrong , it is equally unaccountable , for there lies no appeal , but to a superiour , and the supreme has none but god himself . citt. but if we be a free people , have not we as much right to our liberties , as the king has to his crown ? true. yes , we have , but the king has this advantage of us , that we may forfeit our liberties but he cannot forfet his crown . citt. what if a king will transgresse all the laws of god and man ? may not the people resume their trust ? tru. no , not unlesse you can produce an expresse stipulation to that very purpose . but let me shew you , first , the errour of taking that to be a trust from the people , which , in truth , is an ordinance of providence , for all power is from god : and secondly , the absurdity of the very supposition , even in the case of a trust conferr'd by the people . if the king breaks his trust , the people resume it : but who are these people ? if a representative , they are but trustees themselves , and may incur a forfeiture too , by the same argument . where are we next then ? for if it devolves to the loose multitude of individuals , ( which you will have to be the fountain of power ) you are then in an anarchy , without any government at all ; and there you must either continue in a dissociated state , or else agree upon uniting into some form of regiment , or other : and whether it be monarchy , aristocracy , or democracy ; it comes all to a point . if you make the government accountable upon every humour of the people , it lapses again into a confusion . to say nothing of the ridiculous phansy of a sovereignty in the people upon this account ; that they can never be so brought together either to establish or to dissolve a government , as to authorize it to be the peoples act. for there must be , first , an agreement to meet and consult . secondly , an agreement upon the result of that debate ; and any one dissenter spoils all , where every individuall has an equall right : so that unlesse the people be all of the same minde , this supposition will be found wholly impractible and idle . citt. but is there no fence then against tyranny ? true. only patience , unless you run into anarchy , and then into that which you call tyranny again ; and so tread eternally that circle of rigour and confusion . in fine , the question is this , whether people had better run certainly into confusion to avoid a possible tyranny , or venture a possible tyranny , to avoid a certain confusion . citt. but where we finde positive laws and provisions to fail us , may we not in those cases , betake our selves to the laws of nature and self-preservation ? true. no , ye may not ; for many reasons . first , it makes you iudges , not only whon those laws take place , but also what they are . secondly , the government is dissolv'd , 〈◊〉 subjects may go off or on at pleasure . thirdly , self-preservation is the plea only of individuals ; and there can be no colour for the exposing of the publick in favour of particulars . what would ye think of a common seaman that in a storm should throw the steers-man over-board , and set himself at the helm ? or of a souldier that shou'd refuse a dangerous post for fear of being knock'd on the head , when the whole army , depends upon the maintaining of that pass . citt. pray'e tell me what it is that you call government , and how far it extends ▪ for you were saying even now , that the reason of all governments is alike . true. government is the will , and power of a multitude , united in some one person , or more , for the good , and safety of the whole . you must not take it that all governments are alike ; but the ratio of all governments is the same in some cases . as in the instance of self-preservation ; which is only pleadable by the supream magistrate , in bar to all general exceptions ; for he is first , presumed in reason , to be vested with all powers necessary for the defence , and protection of the community : without which his authority is vain . he is secondly , oblig'd in du●y to exert those powers for the comm●● good : and he is thirdly , entrusted with the judgment of all exigences of state , be they greater or lesse ; wherein the publick good may be concern'd . now put the case that a magistrate should make a wrong iudgment of matters , and misemploy those powers ; it were an infelicity in the administration ; but the sacredness of authority is still the same : and he is a mad man , that plucks down his house , because it rains in at the window . and in case of the magistrate , it is not so much he , as they ; for the king is ( as i said before ) the united power and will of the people . and so fare ye well . the end. errata . page ● . line . for his , reade this . p. . l. . for religion r. religions . p. ● l. . for hands , r. heads . p. . l. . for on all , r. on to all . notes, typically marginal, from the original text notes for div a -e committees to promote the petitions . their powers and instructions . two grand committees . the office of the grand committees . stories of prodigies startle the common people . the way of getting hands in and about london . several ways of getting hands in the country . the protestant dissenters great promoters of the petition . tricks to defeat elections . the petition laid aside in the common-council . the act for corporations brake the neck on 't . the petition baffled in the country . the blessing of having neither friends nor mony. methods of popularity . a golden sentence . a jayl is the high-way to preferment . a salvo for a lye. the benefits of a prison . the secretary to a grand committee . other petitions upon the anvi● . a designe upon the common-council . distinctions of consciences . consciences of state or interest . not many religious consciences . a conscience of profession . a conscience of using no conscience at all . of christian liberty . the extent of it . jesuites and phanatiques compar'd . a vast difference betwixt them . their practises compar'd . the fanaticks clear'd . of dissenting protestants . the meaning of root and branch . rolls and records hunted for presidents . lessons of behaviour for the well-affected . the force of looks and tones . a moving metaphor . signs in evidence . sad times . church-men worse to dissenters then jesuites . the strange agreement of dissenters . the scope of that agreement . who are popishly affected in the first place . a heavy charge . nothing incredible . popish ministers may have orthodox offices . who are popishly affected . matters of moment . the brethren are only for profitable sins . three positions . l'estrange confuted . citt drawing up articles . enter trueman . citt's faculty and employment . bumpkins account of himself . bumpkin's way of argument . the composition of the committees . what petitions warrantable and what not . no petition to be press'd after prohibition . the nation poyson'd with false principles . the injustice of our common wealths-men . the mean ways of promoting their designs . reflexions upon l'estrange . the fore going reflections answer'd . notes for div a -e the epistle to l'estra●ge's history of the plot. l'estranges narrative justify'd . his adversary detected a bold and sencelesse libell . l'estrange charg'd as a papist , by a certain lecturer . the ground of his accusation . a gross cheat upon the nation . lewd practises of the faction . against co-ordination . it is the sanction makes the law , not the consent . the inconveniences of a co-ordination supposed . of a mixt government and a qualifi'd . power is from god , not from the people . soveraignty of the people most ridiculous . self-preservation is no plea for the people . what government is . certain priviledges essential to government . votes of parliament for setting apart a day of publique fasting and humiliation. wednesday the ninth of february, . england and wales. parliament. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) votes of parliament for setting apart a day of publique fasting and humiliation. wednesday the ninth of february, . england and wales. parliament. sheet ([ ] p.) printed by john field, printer to the parliament of england, london : [i.e. ] signed: hen: scobell, cleric. parliamenti. with parliamentary seal at head of text. reproduction of the original in the british library. eng fasts and feasts -- england -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no votes of parliament for setting apart a day of publique fasting and humiliation. wednesday the ninth of february, . england and wales. parliament. a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - elspeth healey sampled and proofread - elspeth healey text and markup reviewed and edited - pfs batch review (qc) and xml conversion votes of parliament for setting apart a day of publique fasting and humiliation . wednesday the ninth of february , . resolved upon the question by the parliament , that thursday the third day of march next , be set apart for a day of publique fasting and humiliation , to be observed throughout this whole nation , to seek unto almighty god for a blessing upon the councels of this commonwealth , and upon their forces by sea and land . resolved upon the question by the parliament , that this vote be printed and published , and copies thereof sent to the sheriffs of every county ; and that they be required to send the same unto the ministers of the several parishes , that notice thereof may be given in convenient time . hen : scobell , cleric . parliamenti . london , printed by john field , printer to the parliament of england . . the late king james his letter to his privy council of scotland, with their answer, in reference to his indulgence containing his absolute power without reserve his majesties letter to his honourable privy council of scotland together with their answer, edinburgh february , . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing j estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the late king james his letter to his privy council of scotland, with their answer, in reference to his indulgence containing his absolute power without reserve his majesties letter to his honourable privy council of scotland together with their answer, edinburgh february , . james ii, king of england, - . scotland. privy council. sheet ([ ] p.) [s.n.], re-printed at edinburgh : . reproduction of original in the university of illinois (urbana-champaign campus). library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng james -- ii, -- king of england, - . great britain -- history -- james ii, - . great britain -- politics and government -- - . - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion the late king iames his letter to his privy council of scotland , with their answer , in reference to his indulgence , containing his absolute power , without reserve . his majesties letter to his honourable privy council of scotland ; together with their answer . edinburgh , february . . on thursday , the th instant , his majesties gracious letter to the lords of his majesties most honourable privy council of this kingdom , was read at the board ; after which their lordships unanimously ordered , that his majesties royal proclamation therein enclosed , should be published here the next day , which was accordingly performed with great solemnity and demonstrations of joy. the copies of which gracious letter , together with the councils dutiful answer to his majesty thereupon , do here follow . his majesties letter to his privy council of scotland . iames r. right trusty and right well-beloved cousin and counsellor , right trusty and right well-beloved counsellor , right trusty and entirely-beloved cousins and counsellors , right trusty and right well-beloved cousins and counsellors , right trusty and well-beloved cousins and counsellors , right trusty and well-beloved counsellors , and trusty and well-beloved counsellors , we greet you well . whereas by our letter of the st of august last past , we were graciously pleased to inform you of our designs in order to the ease of our roman catholick subjects , unto which we had your dutiful answer in some days thereafter ; we have now thought fit to publish these our royal intentions , and to give an additional ease to those of tender consciences , so to convince the world of our inclinations to moderation , and to evidence that those of the clergy who have been regular , are our most particular care ; though we have given some ease to those principles , we can with any safety trust : we have at the same time expressed our highest indignation against those enemies of christianity , as well as government , and humane society , the field conventiclers , whom we recommend to you to root out with all the severities of our laws , and with the most vigorous prosecution of our forces , it being equally our , and our peopl's concern , to be rid of them . as for the other particulars of our royal proclamation here inclosed , we doubt not but they will appear to you most just and reasonable , as they do to us , and that you will , in your respective capacities assert , and defend our royal rights and prerogatives , which we are resolved to maintain in that splendor and greatness , which can only make them safe for us , supports for our friends , and terrors to our enemies . it is evident , we do not mean to encroach on the consciences of any , and what we will not do , we are resolved not to suffer in others : and therefore it is our will and pleasure , that these our commands be forth-with obeyed , and that in order thereunto , this our proclamation be forth-with printed and published in the usual manner in such cases accustomed ; and if any shal be so bold as to shew any dislike of this our procedour , we desire to be informed thereof by you , to the end we may convince the world , that we are in earnest , assuring all , that as we expect obedience therein , and a readiness from you , and all our judicatures to assert our rights , so it shall be our care on all occasions , to shew our royal favour to all of you in general , and to every one in particular . for doing all these things , as well contained in this our letter , as in our proclamation aforesaid , these presents shall be to you , and all others respectively , who may be therein any way concerned , a sufficient warrant . and so we bid you heartily farewell . given at our court at whitehall the twelfth day of february , / . and of our reign the third year . by his majesties command . melfort . the answer of the lords of the council to his majesties letter . may it please your most sacred majesty , your majesties commands are exactly obeyed . your royal proclamation is printed and published , by which your majesty hath given a further evidence of your favour and goodness to all your subjects . and we are hopeful , that by your majesties extraordinary acts of mercy to some , who have been too ready on many occasions to abuse the clemency of your royal predecessors , they will be at last convinced what they owe to so gracious a king ; and if any shal be still so obstinate as to make any wrong use of your majesties goodness , we do unanimously assure your majesty , that we will maintain and assert your royal prerogatives and authority with the hazard of our lives and fortunes ; and all of us shall in our several capacities do our utmost , that your government may be easie to all , whom your majesty thinks worthy of your protection . we are very willing that your majesties subjects who are peaceable and loyal , may be at ease and security , notwithstanding of their profession and private worship , and do conceive that such of them as are or shall be employed by your majesty in offices of trust civil or military , are sufficiently secured by your majesties authority and commission for their exercing the same . we return your majesty our most humble thanks for giving us your royal word for maintaining the church and our religion , as it is now established by law , and rest satisfied , believing your majesties promise to be the best and greatest security we can have . we are , edinburgh , . feb. / . may it please your majesty , your majesties most humble , most faithful , and most obedient subjects and servants , signed by the earl of perth lord high chancellor , the lord archbishop of st. andrews , the lord archbishop of glasgow elect , the lord marquess of athole lord keeper of the privy seal , the duke of gordon , the lord marquess of douglass , the earl of linlithgow , the earl of dumfermling , the earl of strathmore , the earl of lauderdale , the earl of southesque , the earl of traquair , the earl of airlie , the earl of belcarras , the lord viscount of tarbat , the lord viscount of strathallan , the lord livingstoun , the lord kinnaird , sir george lockhart of carnwath lord president of the session , sir iohn dalrymple younger of stair lord advocat , sir iames foulis of collingtoun lord justice clerk , sir iohn lockhart of castlehill one of the senators of the colledge of justice , lieutenant general iames douglas , sir andrew ramsay of abbotshall , major general iohn grahame of claverhouse , and andrew wanchop of nidry .. and his majesties said privy council having ordered , that the said letter should afterwards be signed by such of the counsellors as were not then present ; it was accordingly signed at westminster by the earl of morray , and the earl of melfort , principal secretaries of state for the said kingdom , the earl of arran , the earl of drumlanrig , the earl of winton , the earl of seafort , the earl of ancrum , and the earl of dumbarton . re-printed at edinburgh , anno dom. . england's great interest in the choice of this new parliament dedicated to all her free-holders and electors. penn, william, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing p a estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) england's great interest in the choice of this new parliament dedicated to all her free-holders and electors. penn, william, - . p. s.n., [london : ] signed at end: philanglus, i.e. william penn. caption title; with ornaments above title. imprint from wing. reproduction of the original in the lincoln's inn library, london. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng liberty -- early works to . great britain -- politics and government -- - -- early works to . - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - elspeth healey sampled and proofread - elspeth healey text and markup reviewed and edited - pfs batch review (qc) and xml conversion england's great interest in the choice of this new parliament ; dedicated to all her free-holders and electors . since it hath pleased god and the king to begin to revive and restore to us our ancient right of frequent parliaments , it will greatly concern us , as to our present interest , and therein the future happiness of our posterity , to act at this time with all the wisdom , caution and integrity we can . for besides , that 't is our own business , and that if by a neglect of this singular opportunity we desert our selves , and forsake our own mercies , we must expect to be left of god and good men too ; it may be there has never happened , not only in the memory of the living , but in the records of the dead , so odd and so strange a conjuncture as this we are under : it is made up of so many unusual and important circumstances ( all affecting us to the very heart ) that whether we regard the long sitting of the late parliament , or its abrupt and most unexpected dissolution , or the prorogation of the last and its surprising dissolution , or the strong jealousies of the people , and that universal agitation , that is now upon the spirit of the nation , and the reasons and motives thereof ( so far as we can reach them ) there seems never to have been a time , wherein this kingdom ought to show it self more serious and diligent in the business of its own safety . to be plain with you , all is at stake : and therefore i must tell you , that the work of this parliament is , first , to pursue the discovery and punishment of the plot : for that has been the old snake in the grass , the trojan horse with an army in the belly of it . secondly , to remove and bring to justice those evil counsellors , and corrupt and arbitrary ministers of state , that have been so industrious to give the king wrong measures , to turn things out of their antient and legal channel of administration , and alienate his affections from his people . thirdly , to detect and punish the pensioners of the former parliament , in the face of the kingdom . this breach of trust being treason against the fundamental constitution of our government . fourthly , to secure to us the execution of our antient laws by new ones , and among the rest such , as relate to frequent parliaments , the only true check upon arbitrary ministers , and therefore feared , ●ated and opposed by them . fifthly , that we be secur'd from popery and slavery ; and that protestant-dissenters be eased . sixthly , that in case this be done , the king be released from his burdensom debts to the nation , and eas'd in the business of his revenue . and let me be free with you , if you intend to save poor england , you must take this general measure , viz. to guide and fix your choice upon men , that you have reason to believe are well affected , able and bold to serve the country in these respects . the words of the writ ( at least , the import of them ) are , to chuse wise men , fearing god , and hating covetousness ; and what to do ? says the same writ , to advice the king of the weighty matters of the kingdom . let us not then play the fools or knaves , to neglect or betray the common interest of our country by a base election : let neither fear , flattery nor gain byass us . we must not make our publick choice the recompence of private favours from our neighbours ; they must excuse us for that : the weight of the matter will very well bear it . this is our inheritance ; all depends upon it : men don't use to lend their wives , or give their children to satisfie personal kindnesses ; nor must we make a swop of our birth-right , ( and that of our posterities too ) for a mess of pottage , a feast or a drinking-bout ; there can be no proportion here : and therefore none must take it ill , that we use our freedom about that , which in its constitution is the great bull-wark of all our antient english liberties . truly , our not considering what it is to chuse a parliament , and how much all is upon the hazard in it , may at last loose us fatally by our own choice . for i must needs tell you , if we miscarry , it will be our own fault ; we have no body else to blame : for such is the happiness of our constitution , that we cannot well be destroy'd , but by our selves : and what man in his wits would sacrifice his throat to his own hands ? we , the commons of england are a great part of the fundamental government of it ; and three rights are so peculiar and inherent to us , that if we will not throw them away for fear or favour , for meat and drink , or those other little present profits , that ill men offer to tempt us with , they cannot be altered or abrogated . and this i was willing to give you a brief hint of , that you may know , what sort of creatures you are , and what your power is , lest through ignorance of your own strength and authority , you turn slaves to the humors of those , that properly and truly are but your servants , and ought to be used so . the first of these three fundamentals is property , that is , right and title to your own lives , liberties and estates : in this every man is a sort of little soveraign to himself : no man has power over his person to imprison of hurt it , or over his estate to invade or usurp it : only your own transgression of the laws , ( and those of your own making too ) lays you open to loss ; which is but the punishment due for your offences , and this but in proportion to the fault committed . so that the power of england is a legal power , which truly merits the name of government : that which is not legal , is a tyranny , and not properly a government . now the law is umpire between king , lords and commons , and the right and property is one in kind through all degrees and qualities in the kingdom , mark that . the second fundamental , that is your birth-right and inheritance , is legislation , or the power of making laws ; no law can be made or abrogated in england without you . before henry the third's time , your ancestors , the free-men of england met in their own persons , but their numbers much encreasing , the vastness of them , and the confusion that must needs attend them , making such assemblies not practicable for business , this way of representatives was first pitch't upon as an expedient , both to maintain the commons right , and to avoid the confusion of those mighty numbers . so that now , as well as then , no law can be made , no money levied , nor not a penny legally demanded ( even to defray the charges of the government ) without your own consent : then which , tell me , what can be freer , or what more secure to any people ? your third great fundamental right and priviledge is executive , and holds proportion with the other two , in order to compleat both your freedom & security , & that is your share in the judicatory power , in the execution and application of those laws , that you agree to be made . insomuch as no man according to the ancient laws of this realm can be adjudg'd in matter either of life , liberty or estate , but it must be by the judgment of his peers , that is , twelve men of the neighbourhood , commonly called a jury ; though this hath been infringed by two acts made in the late long parliament , one against the quakers in particular , and the other against dissenters in general , called an act against seditious conventicles , where persons are adjudged offenders and punishable without a jury : which 't is hoped , this ensuing parliament will think fit in their wisdoms to repeal , though with less severity , then one of the same nature ( as to punishing men without juries ) was by henry the eighth , who for executing of it hang'd empson and dudly . consider with your selves , that there is nothing more your interest , then for you to understand your right in the government , and to be constantly jealous over it ; for your well-being depends upon its preservation . in all ages there have been ill men , and we to be sure are not without them now , such as being conscious to themselves of ill things , and dare not stand a parliament , would put a final dissolution upon the very constitution it self to be safe , that so we might never see another . but this being a task too hard to compass , their next expedient is to make them for their turn , by directing and governing the elections ; and herein they are very artificial & too often succesful ; which indeed is worse for us then if we had none . for thus the constitution of parliaments may be destroy'd by parliament , and we , who by law are free , may hereby come to be made slaves by law. if then you are free and resolve to be so , if you have any regard to god's providence in giving you a claim to so excellent a constitution , if you would not void your own rights , nor lay a foundation of vassallage to your unborn followers , the poor posterity of your loyns , for whom god and nature , and the constitution of the government have made you trustees , then seriously weigh these following particulars . i. in your present election receive no man's gift or bribe to chuse him ; but be assured , that he will be false to you , that basely tempts you to be false to your country , your self and your children . how can you hope to see god with peace , that turn mercenaries in a matter , on which depends the well-being of an whole kingdom for present & future times ? since at a pinch one good man gains a vote & saves a kingdom ; and what does any county or burgess-town in england know , but all may depend upon their making a good choice ? but then to sell the providence of god , and the dear-bought purchase of your painful ancestors for a little money ( that after you have got it , you know not how little a while you may be suffered to keep it ) is the mark of a wretched mind : truly such ought not to have the power of a free-man , that would so abuse his own and hazard other mens freedom by it : he deserves to be cast over board , that would sink the vessel , and thereby drown the company embark't with him . honest gentlemen will think they give enough for the choice , that pay their electors in a constant , painful and chargeable attendance ; but such as give money to be chosen , would get money by being chosen , they design not to serve you , but themselves of you ; and then fare you well . as you will answer it to almighty god , i entreat you to shew your abhorrence of this infamous practice : it renders the very constitution contemptible , that any should say , i can be chosen , if i will spend money or give them drink enough ; and this is said not without reason , elections , that ought to be serious things , and gravely and reasonably perform'd , being generally made the occasions of more rudeness and drunkenness , then any of the wild may-games in use among us . thus by making men law-breakers , they are it seems made fit to chuse law-makers , their choice being the purchase of excess . but must we alwayes owe our parliaments to rioting and drunkenness ? and must men be made vncapable of all choice , before they chuse their legislators ? i would know of any of you all , if in a difference about a private property , an horse or a cow , or any other thing you would be as easie , indifferent and careless in chusing your arbitrators ? certainly you would not ; with what reason then can you be unconcern'd in the qualifications of men , upon whose fitness and integrity depends all you and your posterity may enjoy ? which leads me to the other particulars . ii. chuse no man that has been a reputed pensioner ; 't is not only against your interest , but it is disgraceful to you and the parliament you chuse . the representative of a nation ought to consist of the most wise , sober and valiant of the people , not men of mean spirits or sordid passions , that would sell , the interest of the people that chuse them , to advance their own , or be at the beck of some great man , in hopes of a lift to a good employ : pray beware of these . you need not be streightned , the country is wide and the gentry numerous . iii. by no means chuse a man that is an officer at court , or whose employment is durante beneplacito , that is , at will and pleasure ; nor is this any reflection upon the king , who being one part of the government , should leave the other free , and without any the least awe or influence to bar or hinder its proceedings . besides , an officer is under a temptation to be byast ; and to say true , an office in a parliament man , is but a softer and safer word for a pension : the pretence it has above the other , is the danger of it . iv. in the next place , chuse no indigent persons , for those may be under a temptation of abusing their trust to gain their own ends : for such do not prefer you , which should be the end of their choice , but raise themselves by you . v. have a care of ambitious men and non-residents , such as live about town and not with their estates , who seek honours and preferments above , and little or never embetter the country with their expences or hospitality , for they intend themselves and not the advantage of the country . vi. chuse no prodigal or voluptuous persons , for besides that they are not regular enough to be law-makers , they are commonly idle ; and though they may wish well to your interest , yet they will lose it rather then their pleasures ; they will scarcely give their attendance , they must not be relied on . so that such persons are only to be preferred before those , that are sober to do mischief ; whose debauchery is of the mind : men of injust mercinary and sinister principles , who , the soberer they be to themselves , the worse they are to you . vii . review the members of the last parliaments , and their inclinations and votes , as near as you can learn them , and the conversation of the gentlemen of your own country , that were not members , and take your measures of both , by that which is your true and just interest at this critical time of the day , and you need not be divided or distracted in your choice . viii . rather take a stranger , if recommended by an unquestionable hand , than a neighbour ill-affected to your interest . 't is not pleasing a neighbour , because rich and powerful , but saving england , that you are to eye : neither pay or return private obligations at the cost of the nation ; let not such engagements put you upon dangerous elections as you love your country . ix . be sure to have your eye upon men of industry and improvement . for those that are ingenuous and laborious to propagate the growth of the country , will be very tender of weakening or impoverishing it : you may trust such . x let not your choice be flung upon men of fearful dispositions , that will let good sense , truth and your real interest in any point sink , rather than displease some one or other great man. if you are but sensible of your own real great power , you will wisely chuse those , that will by all just and legal wayes firmly keep and zealously promote it . xi . pray see , that you chuse sincere protestants ; men that don't play the protestant in design , and are indeed disguis'd papists , ready to pull off their mask , when time serves : you will know such by their laughing at the plot , disgracing the evidence , admiring the traytors constancy , that were forc'd to it , or their religion and party were gone beyond an excuse or an equivocation . the contrary are men that thank god for this discovery , and in their conversation zealously direct themselves in an opposition to the papal interest , which indeed is a combination against good sense , reason and conscience , and to introduce a blind obedience without ( if not against ) conviction . and that principle which introduces implicit faith and blind obedience in religion , will also introduce implicit faith and blind obedience in government : so that it is no more the law in the one than in the other , but the will and power of the superior , that shall be the rule and bond of our subjection . this is that fatal mischief popery brings with it to civil society , and for which such societies ought to beware of it , and all those that are friends to it . xii . lastly , among these be sure to find out and cast your favour upon men of large principles , such , as will not sacrifice his neighbour's property to the frowardness of his own party in religion : pick out such men , as will inviolably maintain civil rights for all that will live soberly and civilly under the government . christ did not revile those that reviled him , much less did he persecute those , that did not revile him . he rebuk't his disciples , that would have destroyed those that did not follow and conform to them , saying ; to know not what spirit ye are of ; i came not to destroy mens lives , but to save them . which made the apostle to say , that the weapons of their warfare were not carnal , but spiritual . this was the ancient protestant principle ; and where protestants persecute for religion , they are false to their own profession , and turn papists even in the worst sense , against whom their ancestors did so stoutly exclaim , read the books of martyrs of all countries in europe , and you will find i say true : therefore beware also of that popery . consider , that such partial men don't love england , but a sect ; and prefer imposed vniformity before virtuous and neighbourly vnity . this is that disturber of kingdoms and states , and till the good man , and not the opinionative man be the christian in the eye of the government , to be sure , while force is used to propagate or destroy faith , and the outward comforts of the widow and fatherless are made a forfeit for the peaceable exercise of their consciences to god , he that fits in heaven and judgeth righteously , whose eye pities the oppressed and poor of the earth , will with-hold his blessings from us . o lay to heart the grievous spoils and ruins that have been made upon your harmless neignbours for near these twenty years , who have only desired to enjoy their consciences to god according to the best of their understandings , and to eat the bread of honest labour , and to have but a penny for a penny 's worth among you . whose ox or ass have they taken ? whom have they wronged ? or when did any of them offer you violence ? yet sixty pounds have been distrained for twelve , two hundred pounds for sixty pounds . the flocks been taken out of the fold , the herd from the stall ; not a cow left to give milk to the orphans , nor a bed for the widow to lie on ; whole barns of corn swept away , and not a penny return'd ; & thus bitterly prosecuted even by laws made against papists . and what is all this for ? unless their worshipping of god according to their conscience ; for they injure no man , nor have they offered the least molestation to the government . truly , i must take liberty to tell you , if you will not endeavour to redress these evils in your choice , i fear , god will suffer you to fall into great calamity by those you hate . you are afraid of popery , and yet many of you practise it : for why do you fear it , but for its compulsion and persecution ? and will you compel or persecute your selves , or chuse such as do ? if you will , pray let me say , you hate the papists , but not popery . but god defend you from so doing , and direct you to do , as you would be done by : that chusing such as love england , her people and their civil rights , foundations may be laid for that security and tranquillity , which the children unborn may have cause to rise up and bless your names and memories for . take it in good part , i mean nothing but justice and peace to all ; and so conclude my self , your honest monitor and old england 's true friend , philanglus . finis . notes, typically marginal, from the original text notes for div a -e we see it daily in westminster - hall , as well as in parliamentary transactions . the speech of ferdinando huddleston, esq. in the face of the country, at the election at baggry in the county of cumberland, the th day of august, . huddleston, ferdinando. approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing h estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the speech of ferdinando huddleston, esq. in the face of the country, at the election at baggry in the county of cumberland, the th day of august, . huddleston, ferdinando. broadside. s.n., [london : ] imprint suggested by wing. reproduction of original in the harvard university library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng great britain -- history -- charles ii, - . great britain -- politics and government -- - . - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion the speech of ferdinando huddleston esq in the face of the country , at the election at baggry in the county of cumberland , the th day of august , . gentlemen , my oppositions this day in this affair , may be thought strange , yet not more strange than the joyning opposers ; for one that comes here , i may acquiesce as to his worthiness ; for those that appear now , as the last time , it might be more seasonable for them to tell the country of a new commonwealth in a disguise , than to put a second fob upon them . i here declare in the face of the county , i come here to the assistance of our king and country , and to uphold the most glorious church in the world , setled in this isle ; and withal to speak my minde , which i include , and shall seal with my life and fortune , in defence of his majesty and our church , as it is now established , against all opposers . knowing the old fallacy , to profess one thing , and act another , as in the late usurpation ; to set coblers in the places of kings , and tinkers as princes . now you have my free sence of what i pray god prevent ; take right measures , and recollect if in those sad times there was not more insulting from the shopboard , which most of those that bore power came from , than now there is from the noblemans chair . before a common-wealth come here , i will loose my life and fortune , choosing rather to extinguish with the crown , which god forbid , than survive to see nothing , as heretofore , come in so high place ; which this kingdom can never suffer , so long as english spirits are in being , which the worst thereof cannot submit to , without a true head , which now we have , and i hope of the line shall never want . i conclude the rest , that god would bless the king , and continue the present settlement of our religion now established , which with my blood i will seal . you have your choice , i my satisfaction in discharging my self in this matter , not being given to change. some few and short considerations on the present distempers; by j.p. price, john, citizen of london. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing p thomason e _ thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ] or :e [ ]) some few and short considerations on the present distempers; by j.p. price, john, citizen of london. p. s.n., [london : ] j.p. = john price. caption title. imprint from wing. annotation on thomason copy: e [ ]: "dr. price: j.p."; "july th ". annotation on thomason copy e. [ ]: "ex dono authoris"; "octob: ". reproductions of the originals in the british library. eng great britain -- politics and government -- - -- early works to . great britain -- history -- civil war, - -- early works to . a r (thomason e _ e _ ). civilwar no some few and short considerations on the present distempers;: by j.p. price, john, citizen of london c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - pip willcox sampled and proofread - pip willcox text and markup reviewed and edited - pfs batch review (qc) and xml conversion some few and short considerations on the present distempers ; by j. p. the tie which i have as an honest man , and the right which i have as a free man , of speaking what i think conducible to the weale publike , hath invited me in the crowd of others who blot paper , commodare vocem , commodare operam , et si nihil profuturam forsan , conaturam tamen prodesse , and in the exigents which now presse us , to commend to all men , specially to the wisdom of our great councell , these few particulars . first , we having at present a commonwealth , in which , as tully said , nihil mali est , nihil adversi , quod non boni metuunt improbi expectant , and matters being now reduc'd to that extream article of time , on which depends misery or prosperity , that they would be pleas'd with one eye to look up to his majesties gracious inclinations , his readinesse for , may his desire of any honorable transaction , his pretentions to no greater latitude nor altitude of prerogative , then what his ancestors ( as he conceives ) enjoy'd actually or virtually ; with the other to look down to the ground they stand on , the depth of that precipice , on the skirt of which they ( and in them the commonwealth ) are , to remember that of an ancient ; — scissura domestica turbat rempopuli , titubatque foris quod dissidet intus . though the propositions be not in every circumstance as they wish , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , ( a thing expedient , and sutable , not to policie onely , but christianity , rom. . . ) especially to weigh well that of the same cicero , omnis pax bello civili utilior . secondly , what probability or rather possibility there is of recovering ireland , if the time to be imployed in the restitution of it be expended in the composing of our own distractions , the monies for that countries relief be exhausted in the protraction of civil discord , and the persons who should quell rebellion abroad , be ministers in a war at home here . and if that kingdom should be lost , in what state this would be , in how desperate , how deplorable a condition , how unable long to defend it self . thirdly , if the votes of whatsoever they passe , though in a compleat body , without his majesties ratification , be doubted whether efficacious and obligatory , how much rather then , when that body ( as at present ) is so mutilate and defective , as not to want the head , but so many members too . what some books have , quod major pars curiae effecit , pro eo habetur ac si omnes egerint , i confesse is true , but ( among other restrictions it receives ) is to be understood of a full assembly , or where who are not present , are absent reipublicae causa , ( a thing held ever equivalent to appearance personall ) or by reason of some other casualties and emergents , not where there is a deliberate separation out of a dislike , a contrariety of sense , a schisme ( as here too visibly ) and of persons in quality and number so considerable . fourthly , what hath reference to hull , that they would vouchsafe to have in minde , that the axe is now laid to the root of the tree , ( a tree in the forest of this iland not the least considerable : ) squeez'd and extorted things in the commerce of life are not welcome to us : what willingly we accept of , must come willingly ; how much better then to leave that place rather upon demand , then by violence , to make the restitution of it a work of election , then of necessity , especially having those inducements , his majesties formerly being seized of it , and his present full pardon to all within it . fiftly , for the commissions of array on his majesties part , and the militia on theirs , they being in the theory ( in a well-ordered state ) inconsistent , but in the practique part ( the wretched condition we now are in ) to a commonwealth utterly destructive , his majestie ( at least what concerns the safety of the time present , the thing which in these imminent calamities chiefly is to be lookt at ) hath shewn a ready way to end that controversie , by declaring that he will lay his preparations of war aside , if they please to do so . if this be assented to , the only thing disputable in this main particular , is , who should first begin ; which , whether it become him or them to do , as for matter of fact to their will and wisdom , so for matter of 〈◊〉 is left to every prudent man to consider of . sixthly , for the navie ; if his maiestie ( as i hope no subject will doubt ) be lord of the seas circumjacent , it might follow ( and by no stretch'd inference ) that he is lord also of the ships that walk on them . by lord here , is understood , not he who hath directum , but utile dominium , a power in publike occasions to command , and to dispose of them . by ships , not onely his own , ( a thing before these rimes never controverted ) are meant , but those of any of his subjects . solo ( as some speak ) superficies cedit , a building , though of another mans , on my ground , passeth into my propriety . and though the solidity of earth being so contrary as it is to the instability of that other element , the authority may to some seem not so fitly alleadg'd , by way of analogie however it is appliable , and by an argument a fortiori , we may make use of it ; for here no subjects ships , but the kings own are treated of , the vessels not which any common stock built , but his private treasury , and consequently seem no lesse his then the cloak he wears . seventhly , what concerns these present preparations which carry a face of war with them , ( no man entertaining such purposes , but he sits down first , and consulteth whether he be able with thousand men , to meet him that cometh against him with thousand ) that they would likewise vouchsafe , seriously to consider whether competent and equall forces can be levied . eighthly , if leavyed , what assurance there is that they will be as valiant in the field , as in the pallace-yard at westminster ; as constant in a pitch'd battell , as in the streets of london . a smooth and eloquent oration may convert them . friends , covntreymen , fellow-subjects , and such loving compellations , may work strange changes in them ; so mutable things alwayes having been multitudes : reflecting on their inst●●● may stir up a quicker sense in them then before they had , make them enter into a neerer disquisition of the justnesse of that they stand for , and of the legality of that cause they appear in . passages of these kindes are in story frequent : and though none of these ; when they shall see their undoubted and undaunted soveraign in the head of an adverse army , shooting forth rayes of majesty , and thundering out a durum est contra stimulos calcitrare , what man can promise that they will not be appall'd , dazled , blinded ? that their hearts will not fayl , and their weapons fall , both in one instant ? their hands which were expected to fight , not be held up for pardon , and those knees in the strength of which it was thought they would have marched forward , will not tremble , not knock each other , and bow for mercy ? ninthly , if god in his unscrutable providence , and uncontrollable counsells , should deliver this kingdom up unto such extremities , how miserable that warre would be , which would make us a spectacle to men and angels , a prey to our selves at home , an obloquie to those about us ; and where who ever remains victor , must of necessity want that honour which antiquity did so triumph in , i mean , that which commonly it stil'd , observatos cives . by the memory of that blessed peace maker who rests in paradise , by seventeen continued yeers of his sons raign , spotted with no act of tyranny , by the numerous and remarkable deliverances god hath heap'd upon this our island , by the strength and vigour of the love they bear to the safety of their own persons , the tendernesse they justly have over those neer pledges , their wives and children ( who all in the common fate will be involved inevitably ) suffer themselves , that honourable and great councell , to be in some measure conjur'd to convert their designs of war into the delights of peace , not to cut asunder this gordian knot of our distempers with the sword , but to undo it by milder counsells , and in stead of that universall desolation which like a meteor hangs over us , to conserve us in our ancient possessions of security and of serenity . lastly , for the intervall which hath divided his majesty from them ( and in them from all of us ) so unhappily , so continuedly , though it have not been ( god be thanked ) like the gulf in the gospel , so great , that they who would passe from hence thither , could not , nor they passe to us , that would come from thence ; yet during this distance of his , this resentment , we live in a kinde of twi-light , a cloudy and foggie clime of sadnesse and uncertainty , in which ( if in no other ) regard , whatsoever may induce him to draw neerer ; o let us embrace with cheerfulnes , & pursue with industry . his majesty , like a royall dove , in a former return of his from the north parts of his dominions brought us back an olive-branch , a token of peace with our neighbours , and their reconcilement to us ; an assurance that the torrent which had swollen high , was fallen and dryed up ; if readily and humbly he be complyed within his now-proposalls , his next return hither will bring better tidings , that the waters of his own displeasure are abated , a deluge more formidable then that other , to loyall and obedient hearts ( such as we all professe to have ) it being more dreadfull to suffer under the indignation of their own soveraign , then to perish by the inundation of hostility ; this ( i say ) this onely consideration ( like a parch'd soyl for rain ) should make us all thirst for his return to us : but there is more besides in it ; for had wee the warmth againe of that sun to bask in , that we should have gods blessing concomitant , we need not doubt . god in the riches of his goodnesse confer this on us , that after this sad rupture , both sides into one body united , may choke ( like a massy gobbet ) any adversary who shall attempt to swallow them , & as a peec'd arrow ( now made the stronger ) they may flye against a common enemy more effectually . such is the weak , but hearty and most humble assistance , which in stead of plate , money and horses , is presented , if not from the head of an able man , from the heart ( at least ) of an honest man , one whom no apprehensions of possible private losses ( regard had to the mediocrity of that condition wherein god hath placed him , hee having as little to part with as hath any man ) no by-respect of advancing his peculiar interest , nor adulation of monarchique power hath mov'd in this way to speak himself , ( it having been still his course , and he resolving it shall ever be , inter abruptam contumaciam et deforme obsequium iter pergere , and never by sinister & indirect means to gain either the least or the greatest preferments ) but a lively and deep sense of the common danger , a foul labouring with anxiety from the just and too certain estimate of impendent ruine . if what he offers , as to the generall , so in particular to the consideration of that high assembly seeme to be tendred by an obscure hand , he humbly desires them to remember that when a wrack is imminent even the poorest contribution of help is not deprived , and for the quenching of a beginning fire , even the vilest hands are not thought unuseful . if lamely & in an unpolished way it have fallen from him , it may by a favourable construction be esteemed therefore the more cordiall , and in that regard only find acceptance . endeavours of speech in infants , and their inarticulate sounds , are commonly more operative , on the parent then the language of his elder children , stir up his affections more powerfully , vehemently , efficaciously , and leave an impression in him above all eloquence . and our devotions are most deare to god , most accepted , not when they are patient of words and admit vocalitie , but when the spirit makes intercession with grones that are unexpressable . the god of peace and concord make their meetings apostolicall , that they may not only be in one place but with one accord , restore them in a blessed union to their head , our sovertig●e , the vine whose branches they are , and in whom while they are fast rooted , the fruit of their consultations will be truly pleasant , joyne them ( and speedily ) to that corner stone , to which while they are close cemented , not this , nor his other dominions shall feare ( by gods holy assistance ) forraine or domestique enemie . by the former as a wall of brasse , be impenetrable by the latter , as a continued rocke e unmineable . finis . notes, typically marginal, from the original text notes for div a e- seneca . prudent . robur in genibus . tacit. a continuation of the acts and monuments of our late parliament: or, a collection of the acts, orders, votes, and resolves that hath passed in the house. from june to july . . by j. canne intelligencer generall. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing c aa thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) a continuation of the acts and monuments of our late parliament: or, a collection of the acts, orders, votes, and resolves that hath passed in the house. from june to july . . by j. canne intelligencer generall. butler, samuel, - , canne, john, d. ?, [ ], , [ ] p. [s.n.], london : printed according to order, . not in fact by john canne, but rather a satirical attack on canne and the parliament; sometimes attributed to samuel butler. part was published in the same year. annotation on thomason copy: " ber [i.e. november]. .". reproduction of the original in the british library. eng canne, john, d. ? england and wales. -- parliament -- humor -- early works to . england and wales. -- parliament -- early works to . political satire, english -- th century. great britain -- politics and government -- - -- humor -- early works to . a r (thomason e _ ). civilwar no a continuation of the acts and monuments of our late parliament: or, a collection of the acts, orders, votes, and resolves that hath passed butler, samuel c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - jonathan blaney sampled and proofread - jonathan blaney text and markup reviewed and edited - pfs batch review (qc) and xml conversion a continuation of the acts and monuments of our late parliament : or , a collection of the acts , orders , votes , and resolves that hath passed in the hovse . from june to july . . by j. canne intelligencer generall . london : printed according to order , . to the reader . courteous reader , least the famous and noble atcheivments of our late renowned parliament should be buried in oblivion , as surely as the authors of them will be with infamy , it was thought fit and much conducing to the publick benifit to continue this second part of their acts and monuments , that posterity may not be ignorant of their honesty , and good intentions , to have promoted their own interests , and confounded that of the common-wealth ; if further opportunity , and true intelligence shall offer themselves , it is not improbable that their exploits , till their second crack , may be exposed to publick view . in the mean time , give the authors leave to doe something else , and follow his old calling of scribing diurnalls . a continuation of the acts and monvments of our late parliament . thursday june . this day the house receiv'd a letter from john bradshaw one of the keepers of the great seale , wherein he desir'd that the house would please to dispense with the weaknesse of their brother's body now , whose soule had been at their service many yeares since , whereupon it was ordered , that the petitioner have the thanks of the house , and be president of the next high court of justice , before which any king whatsoever shall be called . ordered also that during this indisposition of his body , harry martin attend upon him daily to administer unto him ghostly comfort ; and in his absence that the other sir harry supply that office . this day also severall of the officers of the army receiv'd their commissions from mr. speaker , amongst which was mr. moore of grayes inne esquire who received a commission to be comptroller of the house : sir henry martin was commissionated muster-master generall of all the whores in the common-wealth , and the lord munson his corporall . a petition from severall well-affected persons inhabitants of the town of ailsbury was read , wherein they desired a statute of brasse to be erected for mr. scot , but one of the house standing up , and swearing a gibbet would become him better , the petitioners were dismissed insatisfied , june . it was this day resolved that colonell barkstead be no longer lievtennant of the tower , because the parliament hate blood-thirsty men . the quallification of persons for places of trust ( formerly omitted ) was as follows . the parliament doth declare that all such as shall be in any place of trust or power within this common-wealth be persons of a very fair carriage , thrice perjur'd , and the newest sectaries . june , after a long debate concerning the interpretation of ( the good old cause ) some of the members calling it , the saints watchword , others the cavalier's purgatory , some one thing , some another , it was resolved that the good old cause is in truth a going on in the great worke of making up the parliament-men's estates , where they left off at their last interruption ; and this definition was recorded by the clerk of the parliament accordingly . munday june . ordered . that the gentry of northumberland who presented a petition this day to the house , have a letter of thanks sent them , and that jack adams of the parish of clarken-well write the same . resolved . that the bill of union between england and scotland be referred to generall monk to be brought in by him the day immediately before he intend's to dye . june . resolved . that colonell hewson be translated from the government of dublin to be a colonell of a regiment of foot . this afternoon , the house voted baron tomlins to keep his place in the exchequer till they can find or procure a wiser . june . colonell fitz having this day received his commission to be lievtenant of the tower , mr. speaker told him the sence of the house ( as to the performance of his trust ) in this manner . colonell fitz , you have now received a speciall token of the parliament's favour , you are committed to the tower , pray be diligent and vigilant , and in requitall of of these high obligations , the house desires you that if it happen at any time that any of their members should ( which god forbid ) come under your custody , you will use them with a brotherly fellow-feelingnesse , and not as barkstead served sindercombe , and mr. armiger , sir you have heard what their pleasure is : be good in your office . june . the circuit-judges having this day been voted , mr. speaker proposed what instructions were fitting to be given to them , and it was agreed that it be referred to praise god barbone , to direct them in a way that should consist most with the parliament's safety . june . . these two dayes the house having much wast-paper in store , and more then the alderman needed , they imploy'd it in writing commissions , which were delivered in abundance to sundry offices that made their obeisance for them very mannerly . major overton's petition being read , it was immediately voted , nemine contradicente , that the late generall was a tyrant , and the petition a persecuted saint , whereupon he was referr'd to the consideration of the colchester commitee . june . this day ( according to former order ) praise god barbone made a speech to the judges appointed for this summer circuit , there was little in it : but the cheife thing he pressed was to desire them not so much to respect the letter of the law , as that of the gospell , for ( said he ) one is a killing letter , and you should be milde , and mercifull : the strictnesse and rigour of the law ( said he ) is like the skin of a beast , rough , and hairy , but when by mercifulnesse the hairs and brisles are shav'd off , and when by indulgency the hide is tann'd and dress'd and made smooth , that which before was profitable for nothing , serveth for many uses : the rest of the speech continues yet in brachygraphy at the citty-remembrancer's house . june . it was this day resolv'd by the councill of state that the people should not be wrong'd by lawyers exactions : and presently after the parliament voted that all england should be lawlesse , and free to what they pleased ; and that was voted , the liberty of the subject . june . the businesse of tithes having been long in consideration , it was now resolv'd upon , that all the good people of this common wealth should pay their tithes to the house , and some of the officers of the army , whereupon severall receivers were appointed , mr. speaker was appointed to receive all the poultry for the enlargement of his houshold provisions , excepting cocks , and sparrowes , which were received for henry martins , and the lord munson . the lord disbrow was to receive all the tithe corne , &c. june . this day was wholly spent in receiving and reading severall addresses and petitions , one being more remarkable then the rest i have thought fit to insert ; it was intituled . the humble petition of divers madmen and others inhabitants of bedlam in the county of middlesex , mr. speaker . your petitioners being very sensible of the great perills our nation is distracted with ; knowing also that from this house come all those taxes , and sequestrations , and many other things which make men mad , we out of a tenderness , and sense of our own condition , and your forwardnesse to be our benefactors , are heer assembled , to desire you that an act be immediately dispatched to remove , either the parliament-house to moor-fields , or our palace to your meeting-house , your petitioners ( with submission ) thinking , that there is like to be no diffrence betwixt ●s , it being also clear upon our spirits that madmen and ●ooles may shake hands without breaking the peace ; and truly gentlemen when the reckoning comes to be paid , you 'l find , that which will make you mad , if you were not so before : therefore ( my masters ) learne to swim for fear of drowning ; learne to swing for fear of hanging ; make one another rich ; give the divell his due ; live as long as you can ; and when you come to dye , goe to heaven and if you can tell how . and your petitioners shall ever pray him to prosper you , that set you on worke . at the bottome of the petition instead of names subscribed , one had sowed a straw on it ; another made or pinholes , a third made a great scrawle , every of the society according to his fancy . june . this day were read in the house the letters from . don pluto's court , directed thus , to our good servants , trusty and well-beloved drudges , promoters of our interest , the supream authority siting in parliament at westminster , so long as our self , and the army pleaseth . dated thus , june . . given at our palace upon the banks of acheron . june . the great work of this day was to indempnify all persons from the guilt of innocent blood who had an hand in cutting off the late king's head . after that passed , they resolv'd on an oath to be taken by the judges and other officers ▪ the oath was as followeth . you shall swear to be true , faithfull and constant to this common-wealth ( that is ) us and our heires without a single person , king-ship , or house of peers , till such as a single person shall govern again , and no longer . which was accordingly minished , and ( i beleive ) will be kept . june . this day bradshaw and sir henry mildmay petition'd the house to call in the king that one might condemn him , and the other have the crown jewell . june . . upon a petition against tithes it was resolved that the judges in their circuits tell the ministers that they shall have their tithes paid them still as formerly , till the parliament shall find it safer to take them away , and the companyes of schismaticks , and hereticks , augmented to such a considerable number , as may second such their proceedings against all gainsayers . june . . a letter was this last day read from h. cromwell late leivetenant of ireland , together with the letter was a pacquet which being open'd was found to be filled with irish birch , bound up in the fashion of rodds , and a paper which was fastned to one of them , with this inscription you may chastise me , if it seem good in your eyes . june . the house being idely disposed , spent the greatest part of this day in giving commissions to severall souldiers ; and receiving their complements . july . this very day the house made two serjeants at law , william steele and miles corbet , and that was work enough for one day . july . letters of credence from frederick king of denmark directed insignissimis reipub. angl. rebellibus in parliamento westmonasterii . dated in the tower of hafnae may , , were this day read . july . this day the house took into consideration the citty charter , and finding the present major not to correspond with it in regard of his want of a few haires on his face ; presently ordred the lord tichborn and one of the sheriffs to be plenipotentiaries to truck with the king of spaine for as many pair of whiskers as shall be requisite for some of the cittizens , and other well affected englishmen of the lord major's religion who are deficient in that particular . july . resolv'd . that the excise-men are publicans , and all but the parliament-members , sinners . resolv'd . that the farmers of the excise , and customes have deceived the people , and are unsufferable extortioners , for which cause , the parliament doth declare that , they shall be outed , it being found by experience to be true that , so many of one trade , as the house and they , cannot thrive by one another . july . at the councill of state . ordered . that whitehall be emptied in six days time ▪ and that within two dayes after , tagg , ragg and longtaile take possession . july . an ambassadour extraordinary from the emperour of the antipodes arriving this day at westminster was conducted from the court of wards by sir oliver fleming master of the ceremonies : his businesse was to bring the house tidings of the good amity , and league which his master desireth may be continued with england so long as the house shall sit . hampton court being ordered to be sold , severall chapmen came this day to the house to bargain for parcells thereof , and the cittizens in the first place paid lb for the inheritance of the horne-gallery , other customers onely ask't the rates , but bought nothing of it besides for that time . henry cromwell being come to the door the house haveing intelligence of it sent the serjeant at armes with his mace to attend on him to the speaker's chaire , where being come , he kneel'd down , and ask't the speaker blessing ; whereupon the house acquiescing in his good affections dismissed him . finis . die jovis, . julii, . ordered by the commons assembled in parliament, that all such persons as have presented their petitions at goldsmiths-hall ... / h. elsynge cler. parl. d. com. england and wales. parliament. house of commons. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing e ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : b) die jovis, . julii, . ordered by the commons assembled in parliament, that all such persons as have presented their petitions at goldsmiths-hall ... / h. elsynge cler. parl. d. com. england and wales. parliament. house of commons. elsynge, henry, - . sheet ([ ] p.). s.n., [london : ] publication information suggested by wing. reproduction of original in the sutro library. with: an ordinance of the lords and commons assembled in parliament: for bringing in of the arrears for the garrisons of the easterne association. die jovis decemb. . london : printed for iohn wright ..., -- die sabbathi . decembris, . eng great britain -- politics and government -- - . broadsides -- england -- th century. a r (wing e ). civilwar no die jovis, . julii, . ordered by the commons assembled in parliament, that all such persons as have presented their petitions at goldsm england and wales. parliament. house of commons a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - pip willcox sampled and proofread - pip willcox text and markup reviewed and edited - pfs batch review (qc) and xml conversion die jovis , . julii , . ordered by the commons assembled in parliament , that all such persons as have presented their petitions at goldsmiths-hall , or agreed to their compositions , and shall not come in before the the first of august next , and prosecute their compositions to effect , shall lose the whole benefit of the favour intended by their compositions , and bee reputed among those that still stand out , and have not rendred themselves to the parliament . this to bee forthwith printed and published : and that the care hereof bee referred to the committee at goldsmiths-hall . h. elsynge cler. parl. d. com. by the council of state. a proclamation. whereas by an act of the last parliament, intituled, an act for dissolving the parliament begun the third of november , and for the calling and holding of a parliament at westminster the of april . ... england and wales. council of state. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) by the council of state. a proclamation. whereas by an act of the last parliament, intituled, an act for dissolving the parliament begun the third of november , and for the calling and holding of a parliament at westminster the of april . ... england and wales. council of state. sheet ([ ] p.) printed by abel roper, and tho: collins, printers to the council of state, [london] : [ ] title from caption and opening lines of text. date and place of publication from wing. "recites provisions of act for summoning parliament. no rebel in ireland, nor any one who has made war on parliament, nor their sons, may be elected. this to be proclaimed at the time and place of electing, before the elections." -- cf. steele. dated at end: wednesday march . . by the council of state at vvhitehal. annotation on thomason copy: "march. ". reproduction of the original in the british library. eng england and wales. -- parliament -- qualifications -- early works to . catholics -- england -- legal status, laws, etc. -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no by the council of state. a proclamation· whereas by an act of the last parliament, intituled, an act for dissolving the parliament begun the england and wales. council of state. a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion by the council of state . a proclamation . whereas by an act of the last parliament , intituled , an act for dissolving the parliament begun the third of november , and for the calling and holding of a parliament at westminster the of april . it is expresly declared and enacted , that all persons engaged in the late rebellion in ireland , and all who profess the popish religion , and all and every other person and persons who have advised , or voluntarily ayded , abetted , or assisted in any war against the parliament , since the first day of january . and his or their sons ( unless he or they have since manifested their good affection to the said parliament ) shall be incapable to be elected to serve as members in the next parliament . and whereas the council of state is given to understand , that notwithstanding the good provision that is therein made , and albeit the happiness and settlement of the nation is so much concerned in the observance thereof , yet divers persons more respecting private interests , and personal satisfactions , then publique safety , do intend , and endeavor to promote the elections of persons not qualified , as by that act is directed , to the violating of that law , and the perverting of those good ends of peace and establishment which are thereby aimed at ; therefore , according to the trust reposed in them for the due execution of the laws , and to the intent , those who have not been hitherto acquainted with the tenor and purport of that act , may be the better informed how far they are thereby obliged , and that they may avoid the penalty imposed upon the infringers thereof , the council have thought fit hereby strictly to enioyn , and require all persons any waies concerned in the election of members to serve in parliament , to take notice of the said act , and of the qualifications thereby prescribed as aforesaid , and not to do , or attempt any thing to the contrary thereof . to which purpose , the sheriffs and chief magistrates of the respective counties , cities , and borroughs of this nation , are required , at the times and places appointed for electing their knights , citizens , and burgesses , and before they do actually proceed to such elections , to cause this proclamation to be publickly read , and proclaimed in their several counties , cities , and borroughs , that none may have colour to pretend ignorance thereof ; in which behalf , the council shall expect a punctual compliance , and call those to a strict accompt who shall neglect the same . wednesday march . . by the council of state at vvhitehal . ordered , that this proclamation be forthwith printed and published . w. jessop , clerk of the council . printed by abel roper , and tho : collins , printers to the council of state . historical collections of private passages of state weighty matters in law. remarkable proceedings in five parliaments. beginning the sixteenth year of king james, anno . and ending the fifth year of king charls, anno . digested in order of time, and now published by john rushworth of lincolns-inn, esq; rushworth, john, ?- . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing r a estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) historical collections of private passages of state weighty matters in law. remarkable proceedings in five parliaments. beginning the sixteenth year of king james, anno . and ending the fifth year of king charls, anno . digested in order of time, and now published by john rushworth of lincolns-inn, esq; rushworth, john, ?- . [ ], , - , - , [ ], , p., [ ] leaves of plates : port. printed by tho. newcomb for george thomason, at the sign of the rose and crown in st pauls churchyard, london : . the words "private .. parliaments." are bracketed together on title page. "appendix. his majesties declaration to all his loving subjects, of the causes which moved him to dissolve the last parliament, march . ." has caption title; register and pagination are separate. includes index and final leaf of advertisement. text and register are continuous despite pagination. stained, affecting legibility of text. reproduction of original in the university of illinois (urbana-champaign campus). library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng great britain -- history -- james i, - -- early works to . great britain -- history -- charles i, - -- early works to . great britain -- politics and government -- - -- early works to . great britain -- politics and government -- - -- early works to . - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - jonathan blaney sampled and proofread - jonathan blaney text and markup reviewed and edited - pfs batch review (qc) and xml conversion historical collections of private passages of state . of weighty matters in law . of remarkable proceedings in five parliaments . beginning the sixteenth year of king james , anno . and ending the fifth year of king charls , anno . digested in order of time , and now published by john rushworth of lincolns-inn , esq prima est historiae lex , nè quid falsi dicere audeat ; deinde , nè quid veri non audeat : nè qua suspicio gratiae sit in scribendo , nè qua simultatis . m.t. cicer. de orat. london , printed by tho. newcomb for george thomason , at the sign of the rose and crown in st pauls churchyard . . a. this paw points out the caledonian iarres , sad harbingers to our intestine warres . b. the lion passant gardant wonders much the paw should da● presume his chiefe , to touch . c. strange , y● from stooles at scotish prelates 〈◊〉 bellona's dire alarm's should rouze the world ▪ d. the lion , & the paw bent to engage ▪ make peace at tweed , so change the scene , & stage . e the double-headed - eagle wide doth spread her wings , to fan the coales , y● seem'd as dead . f. and makes y● lionesse●n ●n instrument to breake that peace , and a fourth parl'ament . g. the paw invades y● lion at tine flood ; they fight , make truce , & stop from shedding blood. h. the british notes sound flat , to those more sharp divisions , eccho'd from the irish harp. i. the parl'ament conven'd , the lion try'd by charging five , the members to divide . k. first iustice , next no bishop , priviledge last cry multitudes , who to the houses haste . l. the lions third roare , prooving fatall , drew such woes , as rarely former ages knew . m t was a curst cow kickt down the milk shee gaue : let us old englands lawes , and freedome hau● ! n. caelestiall manna ! thy spirituall food . o.p. fed them with peace , & plenty , all that's good. q. a blazing comet thy backsliding showes , r predicteth ruine , & presenteth woes . s. the faithfull build them churches , but are stopt by papists , who at th e aurea bulla mockt . t. great caesar to y● romans crown doth 〈◊〉 his stately nephew , and creates him king v prague gives the crown in frederick & 〈◊〉 his sword to assert the germans , & their 〈◊〉 w. then from high windowes , vnnawares were 〈◊〉 the emperors councell , ere the charge was 〈◊〉 x.y. the blow neer prague was struck , the people 〈◊〉 like iehu out . warre ● sweet before 't is 〈◊〉 z what decollations then ! what blood ! what 〈◊〉 outacted tragick scenes ensu'd that 〈◊〉 to his highness richard lord protector of the commonwealth of england , scotland , and ireland , and the dominions and territories thereunto belonging . may it please your highness , the poor widow came far short of others in her offers into the treasury , and yet when she had given her two mites , she had given all she had : i must fall short of her ; she gave of her own , ( for the two mites appear to have been so ) but such is the weakness of my condition , and the nature of this ensuing discourse , that i neither can , nor shall herein present to your highness any thing of my own . the words , actions , and atchievements herein related , belong all to other persons , and i can challenge but the bare representation , and the molding them into such a body , wherein they now appear : a body , not of so compleat a shape or pourtraiture as may be worthy your highness aspect . it s not amiss for princes to hear of , and read the actions or miscarriages of princes , nay of lesser persons : indeed they can hardly set more useful books before their eyes . it is hard for the pilot to escape , unless he hath first discovered those shelves and rocks , upon which others have been split : what is that we call prudence or policy , but a systeme of observations and experiences deducted from other mens principles , practises , purposes , and failings ? as to the matter contained in this story , relating to arbitrary courses , given way unto by former princes , i shall make bold to use the expression of an eminent person in his time , spoken in full parliament at the tryal of the earl strafford , who speaking of an endeavor that had been used to subvert the laws , and to introduce arbitrary government , has ( among other passages ) this observation , there is in this crime a seminary of all evils hurtful to a state , and if you consider the reasons of it , it must needs be so . the law is that which puts a difference betwixt good and evil , betwixt just and unjust ; if you take away the law , all things will fall into a confusion , every man will become a law to himself ; which in the depraved condition of humane nature , must needs produce many great enormities ; lust will become a law , and envy will become a law , covetousness and ambition will become laws ; and what dictates , what decisions such laws will produce , may easily be discerned . the law is the safeguard , the custody of all private interest ; your honors , your lives , your liberties , and estates , are all in the keeping of the law ; without this every man hath a like right to every thing ; what can be more hurtful , more pernicious , then arbitrary power ? &c. thus far that gentleman : your highness will finde here the mention of a great prince , who was wont to say , he was an old experienced king , and to him belonged the calling , sitting , and dissolving of parliaments ; and he publickly said ( i speak in his own phrase ) that he had broke the neck of three parliaments , yet at last he did comply with his last parliament ; and said , he saw he should be in love with parliaments , having understood many things by them , which otherwise he should never have known . moreover here you will have in view a succeeding prince , who also broke three parliaments , one after another , and how fatal that was to him succeeding times have abundantly declared . the observation is not mine , but of much more ancient date , those princes who did most consult with their people in parliament , ( that being the common council of the nation ) have most prospered in their courses , there being both safety and love gained from such counsellors and councils . and parliaments in the nature of them , are good physick to cure and redress the diseases and distempers of the body politick , which mostly grow and overflow in the intervals of them ; yet many think parliaments are but an ill constant dyet , which certainly moved queen elizabeth , of famous memory , who was well acquainted with the constitution of the body of this nation , to call parliaments frequently , but to continue none very long . by this means she wrought her self into the good opinion of her people , and by becoming the mistress of their affections , she also became in some sort the mistress of their purses , which were always opened unto her upon the just and urgent occasions of the nation ; but the help and aid which comes from the people by strains , contrary to the laws of the nation , and liberties of the people , being drawn from them through fear , wants the perfume of a willing heart , and has no longer continuance then whilst the impression of that fear lasts . but few words are best to princes ; vouchsafe your highness pardon to him who thus presumes to make so mean an oblation at so high an altar ; your good acceptation will be the greatest honor to it , and to your highness humblest and most obedient servant john rushworth . the preface . my business in this ensuing work , is to render a faithful account of several traverses of state , and of the most important passages in debate , between the respective advocates for prerogative and liberty : the dispute was ominous and fatal , as being the introduction , and that which gave the alarm to a civil war ; a war , fierce , unnatural , and full of wonderful coincidences , both in the causes and consequences of it , humanum est humanis casibus ingemiscere . therefore if i studied to please my self , and gratifie the inclination of my own temper and affection , you might peradventure hear from me , of the courage , exploits , and success of my countrey-men in forein expeditions , but not of their animosities in domestick encounters : yet certainly of some use it may be to us , and of concernment also to those that may come after us , infandum renovare dolorem , to consider indifferently how we came to fall out among our selves , and so to learn the true causes , the rises and growths of our late miseries , the strange alterations and revolutions ; with the characters of divers eminent persons , the mutability of councils , the remarkableness of actions , the subtilty of pretentions , the drifts of interests , the secrets of state , and ( which are the words of an act of parliament ) the deportment of a prince , wisely dissimulating with his people . from such premisses , the best deduction which can be made , is , to look up to , and acknowledge god , who onely is unchangeable , and to admire his wisdom and providence even in humane miscarriages : for empires , and kingdoms , and commonwealths every where in the world have their periods , but the histories thereof remain and live , for the instruction of men , and glory of god. i finde an expression in sir walter raleighs preface to his history of the world , which seems to suit well with these collections . i shall make so far bold with that memorable person , whose death bears a sad part in this story , as to borrow his own words . it is not the least debt ( saith he ) which we ow unto history , that it hath made us acquainted with our dead ancestors , and delivered us their memory and fame : besides , we gather out of it a policy no lesswise then eternal , by the comparison and application of other mens fore-passed miseries , with our own-like errors , and ill-deservings ; but it is neither of examples the most lively instructions , nor the words of the wisest men , nor the terror of future torments , that hath yet so wrought in our blinde and stupified mindes , as to make us remember , that the infinite eye and wisdom of god doth so pierce through all our pretences , as to make us remember , that the iustice of god doth require no other accuser then our own consciences . and though it hath pleased god to reserve the art of reading mens thoughts to himself ; yet as the fruit tells the name of the tree , so do the outward works of men , so far as their cogitations are acted , give us whereof to ghess at the rest : no man can long continue masqued in a counterfeit behaviour ; the things that are forced for pretences , having no ground of truth cannot long dissemble their own natures . and although religion ( saith he ) and the truth thereof be in every mans mouth , what is it other then an universal dissimulation ? we profess that we know god , but by works we deny him : beatitudo non est divinorum cognitio , sed vita divina . there is nothing more to be admired , nothing more to be lamented , then the private contention , the passionate dispute , the personal hatred , &c. about religion amongst christians , insomuch as it hath well near driven the practice thereof out of the world : so that we are in effect ( saith he ) become comedians in religion ; for , charity , justice , and truth , have but their being in terms amongst us . in the close of his preface , he adviseth the reader to take heed how he follows truth too close at the heels , lest it strike out his teeth . i hope this story begins with a distance of time , not so far off , as the footsteps of truth are worne out ; nor yet so near , as the heels of it need to be feared . but this i am sure , that had i not gone so far back as i do , i had not reached the fundamentals to the history of these times . it hath been observed by some , that most historians speak too much , and say too little : i doubt others will think , i speak too little , and say too much . so it will be difficult to please all . i know very well , the collections which i publish will receive no advantage nor commendation from the collector : and that it may likewise receive no prejudice , i am as ready to confess , as any man in the world is to object , my wants and inabilities ; which indeed to men of sober discourse , may render me unfit to be entertained in the council , but not unqualified to be impanelled of the jury : for i began early to take in characters , speeches and passages at conferences in parliament , and from the kings own mouth , when he spake to both the houses ; and have been upon the stage continually , and an eye and ear-witness of the greatest transactions ; imployed as an agent in , and intrusted with affairs of weightiest concernment ; privy also both to the debates in parliament , and to the most secret results of councils of war , in times of action . which i mention without ostentation ; only to qualifie me to report to posterity , what will rather be their wonder at first , then their belief : it is pity they should altogether be deprived of the advantages which they may reap from our misfortunes . hereafter they will hear , that every man almost in this generation durst fight for what either was , or pretended to be truth : they should also know that some durst write the truth ; whilst other mens fancies were more busie then their hands , forging relations , building and battering castles in the air ; publishing speeches as spoken in parliament , which were never spoken there ; printing declarations , which were never passed ; relating battels which were never fought , and victories which were never obtained ; dispersing letters , which were never writ by the authors ; together with many such contrivances , to abet a party or interest . pudet haec opprobria . such practices , and the experience i had thereof , and the impossibility for any man in after-ages to ground a true history , by relying on the printed pamphlets in our days , which passed the press whilst it was without control , obliged me to all the pains and charge i have been at for many years together , to make a great collection ; and whilst things were fresh in memory , to separate truth from falshood , things real from things fictitious or imaginary . whereof i shall not at all repent , if i may but prove an ordinary instrument to undeceive those that come after us . if you demand why my collections commence so early , and start at such a distance of time so remote , i must answer , that it was at first in my purpose to begin with the parliament which met nov. . . but after i had perused , ordered , and compared my printed and manuscript-relations of the first year of that parliament , i found they pointed at , and were bottomed upon some actions of the late king , in dissolving four preceding parliaments : and thereupon , the zeal i had to clear the truth of the differences between the king and parliament , forced me to a longer adventure ; especially seeing the essay had been very imperfect , and but a meer fragment , if i had only writ the death , and not the life of a prince , who , in the first speech that ever he made in his first parliament , did reflect upon some passages in a former parliament , that advised his father to break off the two treaties with spain , touching a marriage , and restitution of the palatinate ; and so engaged the father in a war , which the son was by him left to prosecute . and this consideration put me upon a further enquiry concerning the aforesaid treaties , the causes and grounds of the war in the palatinate , and how far the same concerned england , and the oppressed protestants in germany : and finding those proceedings to have their rise in the year . ( in which year the blazing-star appeared ) i resolved that very instant should be the ne plus ultra of my retrospect . i allow and accept it ▪ as a good memento , which i meet with in a late author ; that most writers now adays appear in publique , not crook-backed , ( as it is reported of the iews ) but crook-sided , warped , and bowed to the right , or to the left . for i have heartily studied to declare my self unbiassed , and to give an instance , that it is possible for an ingenuous man to be of a party , and yet not partial . if any one engaged on the king's side , come forth in print with the like moderation , fairness and indifferencie , without heat and personal reflections , our posterity may be confident of a full discovery of truth , which is every honest mans desire and expectation . and besides , the vertues and reasons of men concerned , may shine and give satisfaction even to those who are not of the same judgment . i pretend onely in this work to a bare narrative of matter of fact , digested in order of time ; not interposing my own opinion , or interpretation of actions . i infuse neither vinegar nor gall into my ink : if i mention a charge or impeachment , it relates also to the defence that was made by the accused . and though in these latter times , titles names and dignities are altered , yet i use the language of that time of which i write , speaking as the then parliaments spake , and not robbing any man of the honor or epithite which they then pleased to give him . if i speak of any transactions which i my self did not see or hear , i do so with all the caution imaginable , having first consulted records , conferred with persons of unquestionable esteem , interessed in the very actions , or perused their known hand-writings of those times ; and where i make mention of any letters or passages scattered in print , i first well weighed the same , and out of whose closets they came , and found many of them concredited before i inserted them . and lastly , where i doubted , i perfected my intelligence by forein correspondencies , fetching my satisfaction in divers particulars , out of germany , spain , and italy . here you will have an intermixture of secrets of state useful for states-men , and of matters of law , which may be of some use , not only to the professors of it , but to every englishman ; for though few profess the law , yet all live by it ; for it hedges in , and upholds the rights , liberties , and properties : the matters of law are not all bound up in one bundle , but you will finde them dispersed in interlocutory speeches and discourses ; some of them in historical narrations ; and lastly , in polemical debates and arguments , taken by a gentleman , then a young student of the law , which you will finde in an appendix placed at the end of the book ; and i hope the reader will not think his minutes ill bestowed in reading of them though out of place . a great part of the work is filled up with remarkable transactions in parliament , and the course and proceedings thereof , wherein you will finde , not onely great wit and wisdom , but choice eloquence , and excellent orators , diggs , wentworth , phillips , elliot , glanvile , and others not much inferior to the roman demagogue . i durst not presume to contract them to an epitomie or abridgement , lest by essaying that , i might trespass too much upon the soil of other mens inventions and judgements , or prejudice truth , or the persons , whose natural off-springs they are . here you have debates , siftings , and consultations of each house apart ; and also by conferences each with other ( alterius sic altera poscit opem domus & consultat amicè ) and resolutions of parliaments , and some laws which were the ultimate productions of these councels and debates . i have but a word to say to my good and worthy friends of the army , and it must be by way of apology , that this treatise contains not what may be expected by them from me , the relation of the motions , actions , and atchievements of the army , which i acknowledge was the first thing in my thoughts and intentions : but upon further consideration i thought it necessary to look somewhat backwards , that we may the better understand the causes and grounds which brought the late war upon us , before we set forth the actions of the war. in the former we may see the vigilancy and care of our ancestors to secure and uphold our liberties and properties , and to transmit the same , in as much purity as might be , to their posterity , in the latter , which are the actions of the war , you shall see their courage and magnanimity , setting a higher value upon the rights and liberties of the nation , then upon their own lives . whom therefore , when i come in order of time to mention , and shall also have occasion to magnifie for their perseverance in maintaining and defending those laws and liberties ( so redeemed with the price of their blood ) against arbitrary wayes and courses ; how joyfull shall i be to employ my pen to chronicle such of their names to posterity , who justly merit that character , as worthy of double honor. in the second part of my collections ( which is to follow , according to the entertainment which this findes abroad ) i shall write with the more confidence , because i did personally attend and observe all occurrences of moment during the eleven years interval of parliament , in the star-chamber , court of honor , and exchequer-chamber , when all the judges of england met there upon extraordinary cases ; at the council table , when great causes were heard before the king and council : and when matters were agitated at a greater distance , i was there also , and went on purpose out of a curiosity to see and observe the passages at the camp at berwick , at the fight at newborn , at the treaty at rippon , at the great council at york , and at the meeting of the long parliament . the observations i made during all the said time , shall be further known , if i be encouraged to proceed , and that this my forlorn be not repelled and defeated . thus have i ( good reader ) acquainted thee in plain english , with the lines and rude draughts of what hath been , and what is like to be , multorum annorum opus ; in which , as i never did approve , so neither could i perswade my self to tread in their steps , who intermingle their passion with their stories , and are not content to write of , unless they write also for a party , or to serve an interest ; and so declare themselves far better advocates then historians●● . i profess , that in singleness of heart , i aim at truth , which to me has alwayes seemed hugely amiable , even without the tires and advantages of wit and eloquence : and therefore , in order to my greatest purpose , i have esteemed the most unaffected and familiar stile the best ; altum alii teneant . ) and so irresistible is the force of truth , and the divine providence so great , that howsoever all possible diligence may have been used to carry things in secret , and to act by colourable pretences ( men often acting like tumblers that are squint-eyed , looking one way , and aiming another ) yet hath god in these our dayes brought to light such secrets of state , such private consultations , such str●nge contrivances ( discovered by letters , papers , and cabinet-memorials seised on in time of the war ) as otherwise probably , neither we nor our posterity should have ever known . i conclude with the learned spaniards opinion : satis est historiae , si sit vera ; quae ut reliqua habeat omnia , si veritatem non habet , obtinere nomen suum non potest . j. rushworth . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . ( h.e. ) anglorum leges , suadam , consulta senatus , ausáque , cuncta loquor , tempore quaeque suo . excipis adverso si pectore , & ore maligno , pluribus invideas zoile , nemo tibi . the printer to the reader . being obliged to get this book finished against the ensuing term , i was constrained to make more haste then ordinary ; so that possibly some faults have escap'd , which i request the courteous reader to pardon and amend as they shall be met with . vale . the right high and most mightie monarch ●ames by the gra●ce of god king of great britaine fraunce and ireland &c defendor of the faith. historical collections . the grand business of state in the latter times of king iames , was the spanish match , which had the kings heart in it , over-ruled all his counsels , and had a mighty influence upon the universal state of christendom : this king affecting the name of a king of peace , and peace-maker , as his chief glory , had designed , what in him lay , the setling of a general peace in europe , and the reconciling of all parties ; and professed , that if the papists would leave their king-killing , and some other grosser errors , he was willing to meet them half way ; moreover , he was ever zealous for the honor and height of regal majesty , and to maintain the glory of it in his successors ; 't was his chief desire and care to match his son with some princess of most high descent , though of a different religion . there had been a treaty of marriage between the late prince henry and a daughter of spain , which on the spaniards part was found a meer complement , carried on by the accustomed gravity and formality of that nation . for cecil earl of salisbury , the great states-man of that time , pursued and drove the matter to that point , that the duke of lerma , finding no evasion , disclaimed the being of a marriage treaty . nevertheless the spanish ambassador , to acquit himself to this state , and to clear his own honesty , at a full council produced his commission , together with his letters of instruction given under the duke's hand : such manner of dealing might have been sufficient cause of just indignation against any future motion of this alliance . after death of prince henry , the king set his thoughts upon a daughter of henry the fourth , late king of france , as the fittest match for prince charles , and by sir thomas edmonds his legier ambassador , endeavored to know the minde of that state , but could not discern their affections , and was not willing to discover his own : at length taking occasion to send the lord hayes extraordinary ambassador to the french king , to congratulate his marriage with anne the infanta of spain , he resolved to make a thorow trial : the matter was put forth , and in appearance well taken , but proved of no effect . for the duke of savoy was before-hand , and prevailed for his son the prince of piedmont . during this negotiation of alliance with france , the duke of lerma frequently intimated unto sir iohn digby ambassador , resident in spain , an extraordinary desire in the king his master , not onely to maintain peace and amity with the king of great britain , but to lay hold on all means that might be offered for the nearer uniting of their majesties , and their crowns ; as also a disposition in this regard , to match his second daughter to the prince of wales : the ambassador replyed , that his majesty had little reason to give ear to this overture , having not long since , in the treaty for the late prince , received such an unexpected answer , and demands so improper and unworthy ; and that there needed more then ordinary assurance , to induce him to believe that there was now so great a change , and the match desired in good earnest , and not propounded meerly to divert the match with france : wherefore he expected the proposal of such terms of advantage and certainty , as might gain a belief of their sincere intentions : lerma promised a further conference . but by reason of a strong report that the match with france was absolutely concluded , and within few dayes to be published , the business lay asleep , until sir iohn digby , going for england , was desired by the duke to give him notice of the state of this affair : from hence digby gives him to understand , that there was no cause of dispair concerning this new overture , unless the difficulty of the conditions should make it desperate ; but if the demands in point of religion were no more then what would satisfie another catholick prince , and to which his majesty might yeild with honor , he knows that divers persons , not of the meanest power , were well inclined , and ready to give their helping hand : he said further , that it were much better not to revive this motion , then by impossible and unfitting propositions from either side , to give distaste , and lessen the friendship between the two crowns . the duke returned answer , that all assurance and satisfaction shall be given concerning this alliance : and after sir digby's arrival at the court of spain , he protested to him solemnly , that the king desired it , and swore for himself , that he desired nothing more : hereupon digby debated with him , that the remembrance of their former demands was yet unpleasing in england ; the difference of religion , the opinions of divines , and the cases of conscience were still the same ; insomuch , that his majesty and his servants had just cause to cease for ever from all thoughts this way . nevertheless , they did not slight nor disrelish an alliance with spain ; for many of the greatest eminency in england judge it equally valuable with any other of christendom , though it be esteemed a matter of infinite difficulty . here the subtil spaniard might perceive our forwardness , though our ambassador seemed to speak aloof off , and with reservation . the debate had this result , that the difficulties should be digested into certain heads , and select persons appointed for conference ; but the intent thereof was , that the kings on either side should not be interessed , nor their names therein used , till by the clearing of particulars , there should be great appearances that the business would take effect : now because the difference of religion , was supposed the onely difficulty of moment , it was thought fit to break the matter to the cardinal of toledo , and the kings confessor , and one father frederick a learned jesuite , having the repute of a moderate man. upon the review of these proceedings , sir iohn digby advised the king not to suffer his other resolutions to be interrupted by this overture , which might be set on foot as a meer device to stagger the french treaty , and to keep his majesty from declaring himself opposite to spain in the business of cleves and iuliers , which still remained uncompounded ; nevertheless , he might be pleased for a while to suspend the conclusion of the match with france , and entertain this motion ; and to this end he desired from him not a formal commission to treat , but onely a private instruction for his direction and warrant . such remote conferences made way for that solemn slow-paced treaty of the many years following , wherein the advantage lay on the spaniards side , who were indeed very formal and specious in it , but no way vehement and vigorous , if we might suppose them in any sort real : but the king of england having a prevalent inclination this way , when he was once drawn in and elevated with hope , was so set upon it , that he would grant all things possible , rather then break it off , and was impatient of dissembling his own eagerness : the business was mainly carried on by conde gondomar , who was exquisitely framed for it , and by facetious wayes , taking the king in his own humor , prevailed mightily . the king removes all blocks that lie in the way of this darling design , and studies all the wayes of rendring himself acceptable to spain . the wall of this island the english navy , once the strongest of all christendome , now lyes at road unarmed , and fit for ruine : gondomar [ as was the common voice ] bearing the king in hand , that the furnishing of it would breed suspition in the king his master , and avert his minde from this alliance : moreover the town of flushing , the castle of ramakins in zealand , and brill in holland , which were held by way of caution from the united provinces , to insure their dependency upon england , the king resolved to render up , as being meerly cautionary , and none of his propriety : he rid his hands of those places to prevent requests and propositions from the king of spain , who claimed the propriety in them , and gondomar put hard for them , being accounted the keys of the low countries : such was the kings care and contrivance to keep faith with those confederates , and not offend spain : and to render this a politick action , it was urged that the advantage of those holds was countervailed by the vast expence in keeping them . howbeit the power of the english interest in that state was by this means cut off , and taken away ; and the alienation between king iames and the united provinces , which appeared in latter times , and was nourished by bernevelt the head of the arminian faction , and a pensioner of spain , is now increased by the discovery and observation of these late spanish compliances . but the king of spain and his ministers had given but slender proof of any great affection , yea or of sincere intention and upright dealing in this great affair . for sir iohn digby received certain articles in matter of religion after a consultation had with their divines , which appeared very unworthy , and were utterly rejected by him : yet afterwards upon a private conference between him , and some others to whom the cause had been committed , a qualification was therein conceived , though not delivered as a matter there approved . and the same speeches after his return into england , proceeded between him and gondomar , and were brought to that issue , that the king thought fit to acquaint a select number of his council therewith , who having heard the report of the former proceeding , delivered their opinion , that they found very probable ground for him to enter into a publike treaty , with as much assurance of good success as in such a case might be expected ; whereupon sir iohn digby by commission under the great seal , was authorized to treat and conclude the marriage ; and because the matter of religion was in chief debate , those qualified articles that were brought out of spain were sent back signed with the kings hand , who added something to them by way of clearer explanation : they were to this effect : that the popes dispensation be first obtained by the meer act of the king of spain . that the children of this marriage be not constrained in matter of religion , nor their title prejudiced in case they prove catholikes . that the infanta's family being strangers may be catholikes , and shall have a decent place appointed for all divine service according to the use of the church of rome ; and the ecclesiasticks and religious persons may wear their proper habits . that the marriage shall be celebrated in spain by a procurator according to the instructions of the council of trent ; and after the infanta's arrival in england , such a solemnization shall be used , as may make the marriage valid , according to the laws of this kingdome . that she shall have a competent number of chaplains , and a confessor , being strangers , one whereof shall have power to govern the family in religious matters . in the allowing of these articles , the king thus exprest himself : seing this marriage is to be with a lady of a different religion from us , it becometh us to be tender , as on the one part to give them all satisfaction convenient ; so on the other to admit nothing that may blemish our conscience , or detract from the religion here established . the people of england having yet in memory the intended cruelty of . and hating the popish religion , generally loathed this match , and would have bought it off at the dearest rate , and what they durst , opposed it by speeches , counsels , wishes , prayers ; but if any one spake lowder then his fellows , he was soon put to silence , disgrac'd , and cross'd in court-preferments ; when as in spain and flanders , books were penned , and pictures printed to disgrace the king and state : for which the english ambassadors sought satisfaction , but in vain : the roman catholicks desired the match above measure , hoping for a moderation of fines and laws , perhaps a toleration , yea , a total restauration of their religion ; for they gained more and more indulgence by the long-spun treaty : the articles of religion were long hammered upon the spanish anvil , inlarged and multiplied by new demands without end . the conde gondomar , an active subtil instrument to serve his masters ends , neglected no occasion tending thereunto , which he mainly shewed in the particular of sir walter rawleigh , wherein he put forth all his strength to destroy him , being one of the last sea-commanders then living , bred under queen elizabeth , and by her flesh'd in spanish blood and ruin . he did first under-work his voyage to guienna , which seemed to threaten loss and danger to the spreading power of spain in the west-indies , and after his return with misfortune , he pursued him to death . in the beginning of the kings reign , this gentleman , with others , was arraigned and condemned for treason ; 't was a dark kinde of treason , and the vail is still upon it . the king had ground enough to shew mercy , which some of that condemned party obtained . after many years imprisonment , sir walter rawleigh , desirous of liberty and action , propounded an american voyage upon the assurance of gaining a mine of gold in guienna . the king hearkned to him , and gave him power to set forth ships and men for that service , but commanded him upon his allegiance , to give under his hand , the number of his men , the burden and strength of his ships , together with the country and river which he was to enter . all this was done , and came so timely to gondomars knowledge , that advertisement was sent to spain , and thence to the indies , before this english fleet departed out of the thames . the action proved unfortunate , and the mine was inaccessible ; the spaniards at st. thomas opposed their passage up the river , and this engaged them to assault the town , which they took , sacked and burnt . gondomar hereat incensed , with a violent importunity demanded the reparation of this wrong : and the spanish faction urged , that this irruption might make a breach both of the match and peace with spain . the kings fears kindled his wrath ; he disavowed the action , and to prevent the like for the future , put forth a severe proclamation . hereupon the storm of passion ceased , and rawleigh knowing nothing but that he might appear in england with safety , put in at plimouth , and was no sooner landed , but by secret intimation , understanding his danger , sought to escape beyond sea , but was taken in the attempt , brought to london , and recommitted to the tower ; and at length his life was offered up a sacrifice for spain , but not upon such grounds as the ambassador had designed ; for he desired a judgment upon the pretended breach of peace , that by this occasion he might slily gain from the english an acknowledgment of his masters right in those places , and hereafter both stop their mouths , and quench their heat and valor . but the late voyage was not brought in question , onely his former condemnation was revived ; his araignment at winchester many years before was now laid open , and he at the kings bench demanded , why execution should not be done upon him according to the sentence therein pronounced . rawleigh answered , that the kings late commission gave him a new life and vigor : for he that hath power over the lives of others , ought to be master of his own . this plea was not accepted , but the former judgment took place , and accordingly he lost his head upon a scaffold erected in the old pallace at westminster . whilest spain and england were thus closing , the fire brake out in germany between the states and princes protestant , and the house of austria : these commotions involved and drew along the affairs of most christian princes , especially of the two potent kings now in treaty . the catholick cause , and the lot of the house of austria , engaged the king of spain who was the strongest branch of that stock . king iames must needs be drawn in , both by common and particular interest ; the religion which he professed , and the state of his son in law the elector palatine , who became the principal part in those wars , and the most unfortunate . it was an high business to the whole christian world , and the issue of it had main dependence upon the king of england , being the mightiest prince of the protestant profession : but this kings proceedings were wholly governed by the unhappy spanish treaty . the clouds gather thick in the german skie ; jealousies and discontents arise between the catholicks , and the evangelicks , or lutherans of the confession of ausburge . both parties draw into confederacies , and hold assemblies ; the one seeking by the advantage of power to incroach and get ground , the other to stand their ground , and hold their own . the potency of the house of austria , a house devoted to the persecution of the reformed religion , became formidable . the old emperor matthias declared his cousin german the archduke ferdinand to be his adopted son and successor , and caused him to be chosen and crowned king of bohemia and hungary , yet reserving to himself the sole exercise of kingly power during his life . the iesuits triumph in their hopes of king ferdinand ; the pope exhorted the catholicks to keep a day of jubilee , and to implore aid of god for the churches high occasions . to answer this festival , the elector of saxony called to minde , that it was then the hundreth year compleat since martin luther opposed the popes indulgences , which was the first beginning of protestant reformation . whereupon he ordained a solemn feast of three days for thanksgiving , and for prayer to god , to maintain in peace the purity of the word , and the right administration of the sacraments . the professors of the universities of lipsick and wittemberg , the imperial towns of franckford , worms , and noremburg , yea , the calvinists also observed the same days of jubilee against the romish church ; and much gold and silver was cast abroad in memory of luther , whom they called blessed . in these times the emperor wrote letters , both to the elector palatine , and to the protestant provinces , and states of the empire then assembled at hilbrun , advising them to acquiesce in what was done touching the designation of his adopted son to the empire , to observe the golden bull , ( the magna charta of the empire ) and the matter of it concerning the electoral bonds , and to dissolve their league . the protestants in their answer acknowledged the good will of the emperor their cheif , and shewed that the catholicks had oppressed them contrary to the pacification ; and having sought redress in vain , they were compelled to use means of preserving publick tranquillity according to the laws . that their league and union consisting onely of protestant germans , was a known practice in the empire , and not against the golden bull , and tended not to a separation from his imperial majestie ; but the catholicks made their league with strangers , and declared a stranger cheif over them . the count of thurne , and other defenders evangelick , with the estates of bohemia , assembled at prague to advise of publick safety , and conservation of priviledges . the emperor required his council held at the castle of prague , to oppose and hinder this assembly , which he said was called to raise sedition , and to plot against his person and government . nevertheless in all their publick worship the evangelicks prayed to god to confound the emperors enemies , and to grant him long to live and reign over them in peace and justice . the bohemian troubles took their first rise from the breach of the edict of peace concerning religion , and the accord made by the emperor rodolph , whereby the protestants retained the free exercise of their religion , enjoyed their temples , colledges , tithes , patronages , places of burial , and the like , and had liberty to build new temples , and power to chuse defenders to secure those rights , and to regulate what should be of service in their churches . now the stop of building certain churches on lands within the lordships of the catholick clergy , ( in which places the evangelicks conceived a right to build ) was the special grievance and cause of breach . on the twenty third of may , the cheif of the evangelicks went armed into the castle of prague , entred the council chamber , and opened their grievances , but inraged by opposition , threw slabata the cheif justice , and smesansius one of the council , and fabritius the secretary , from an high window into the castle ditch ; others of the council temporising in this tumult , and seeming to accord with their demands , were peaceably conducted to their own houses . hereupon the assembly took advice to settle the towns and castle of prague with new guards ; likewise to appease the people , and to take an oath of fidelity . they chose directors , governors and counsellors provincial to govern affairs of state , and to consult of raising forces against the enemies of god , and the king , and the edicts of his imperial majesty . they banished the iesuits throughout all bohemia : moreover to defend their own cause , and to give an accompt of their late proceedings , and present posture , a declaration was drawn up and sent with letters to the estates of moravia , silesia , and lusatia , and to all the princes and states , their allies , throughout the empire , with request of aid in case of need . they declare to this effect . that they had endured infinite injuries and afflictions , by certain officers , ecclesiastick and civil , and by the iesuits above all others , who sought to bring them under the yoke of popery , reviled them with the names of hereticks , heaved them out of places of dignity , provoked the magistrates to pursue them with fire and sword : that their ministers were banished , and their charges given to roman catholicks . the senators of prague , who were evangelicks , were evil-intreated , and divers persons persecuted for religion , under pretence of civil offences . and whereas in case of difference touching the agréement and edict of peace , the estates of both parties were to hear and judge ; their enemies procured commands from the emperor to bear them down before a due hearing : their lawful méetings to advise and séek redress , were declared to be manifest sedition and rebellion , and themselves threatned with loss of estates and lives . this declaration they sent likewise to the emperor , with a submissive letter , asserting their own fidelity , and praying for the removal of those evil counsellors that threaten so much danger to his majesty , and his kingdoms . the emperor herewith was no way pacified , but charged them with an evil design , required them to lay down arms , and to make no more levies , but to live in peace as becometh faithful subjects : upon which terms , he promised to disband his own soldiers , to forgive what was past , and to protect all that will obey him . this prevailed nothing , but the breach grows wider . the emperor published a manifesto in answer to the apology of the bohemian states , and wrote letters to the electors , princes , and states of the empire , with high aggravations of the violence offered at prague to his principal officers , against divine and humane rights , the constitutions of the kingdom , and the customs of all nations , without hearing , without summoning , without any form of proces , yea , without giving a moment of time to repent , or make confession , or receive the sacrament , which is never denied to the worst offenders . forthwith a pernicious war , and all confusion breaks out . the emperor raised forces under the conduct of divers commanders , of whom the cheif were count de buquoy , and count de ampiere . the evangelicks raised two armies under count de thurne , and count mansfelt . moravia , silesia , and lusatia , with all the estates protestant , germans and neighbors of bohemia , ( very few excepted ) assist the evangelicks with counsel , men , and money : likewise the prince of orange , and the states of the united provinces promised to aid them with their forces . the electors and princes protestant favoring the bohemians , whose countrey the imperialists destroy with fire and sword , perswade the emperor to stop the rage of civil war ; the success whereof is doubtful , and the end ever miserable . the emperor propounded an arbitration of these differences by the elector of mentz , and the duke of bavaria , princes catholicks , and by the electors palatine , and of saxony , princes protestants , and pilsen should be the place of treaty : the evangelicks consent to the arbitration , but dislike the place , where the people were wholly catholicks , and followed the emperors party ; besides the directors had designed the besieging of it . new actions of war made the overtures of peace more difficult : several armies were now raising throughout bohemia , and the neighboring provinces : as yet the elector of saxony stood neutral ; the duke of bavaria cast in his lot with the emperor , whose estate was then every where imbroiled . at this time there appeared a comet which gave occasion of much discourse to all sorts of men ; among others a learned knight , our countreyman confidently and boldly affirmed , [ that such persons were but abusers , and did but flatter greatness , who gave their verdict , that that comet was effectual , as some would have it , or signal , as others judge it , onely to africa ; whereby they laid it far enough from england : when this knight out of the consideration of the space of the zodiack which this comet measured , the inclination of his sword and blade , and to what place both the head and tail became vertical , together with other secrets . ] said , that not onely all europe , to the elevation of fifty two degrees , was liable to its threatnings , but england especially ; yea , that person besides , in whose fortune we are all no less imbarked , then the passenger with the ship is in the pilot that guideth the same ; the truth whereof , said he , a few years will manifest to all men . and it was observed by dr. bainbridge , a famous astronomer , that toward the declination of it , the eleventh of december it past over london in the morning , and so hasted more northwards , even as far as the orcades . amidst these distractions , the house of austria made no small improvement of their interest in the king of great brittain , who in the hot pursuit of the spanish match , was earnest to oblige them . and the spaniards made shew , that on their part nothing under heaven was more desired then this alliance ; and in their discourses magnified the king , queen , and prince of england . for the state of their affairs did press them hard , if not to close really , yet at least to fain a pressing towards it . for the french administred cause of discontent ; the truce with the united provinces was near expiring ; but above all they took to heart the bohemian war , and resolved to set the main stock upon it : wherefore the king of spain gave commandment , that his treasure should be gathered together for the infanta's vast portion , being no less then two millions , and gave hopes of the payment of half a million beforehand , as was desired , and with himself all dispatches seemed to pass freely . but his ministers gave not the same satisfaction , and proceeded so slackly in the business , that they were suspected either not to intend it at all , or not so soon as was pretended : besides , the wiser here observed and repined , that all difficulties , hazards , and odious passages , must rest on the english side , which spain did little value . that king iames did that to gratifie the spaniard , which rendred him disgusted by his subjects ; but if favor were granted to any subject of his by the king of spain , it was not without design to engage him in his own service . which resentments may be collected from a letter written by a great minister of state , to mr. cottington , his majesties then agent in spain ; which for clearer satisfaction you have here at large . good mr. cottington , i doubt not but that before these come to your hands , you will have heard of the receipt of all your former letters : these are in answer of your last of the eighth of october , wherein you advertise of the arrival of the conde gondomar , at lerma , and of his entertainment by that duke . it seemeth unto us here in england , that he hath gone but very slowly in his journey ; and divers ( seeing how long time he hath spent in the way ) do make conjecture , that it proceedeth from the small affection that he judgeth to be there , towards the effecting of the main business ; saying , if the ambassador were assured that his master did so really desire the speedy effecting thereof , as is pretended , he would have made more haste homeward ; and that it hath not been sincerely intended , but meerly used by that state as an amuzement to entertain and busie his majesty withal , and for the gaining of time for their own ends : and this is muttered here by very many , but i hope we shall ere long receive such an account from thence of their proceedings , as will give sufficient satisfaction . for my own part , i must confess i am yet well perswaded of their intentions ; for if there be either honor , religion , or moral honesty in them , the protestations and professions which i have so often heard them make , and you likewise daily advertise hither , are sufficient to perswade a man that will not judge them worse then infidels , to expect sincere dealing in the business ; and whensoever i shall perceive that they go about to do otherwise , i must confess my self to have been deceived , as i shall ever be on the like terms ; while i deal with inmost care ; but withal , i shall judge them the most unworthy and persidious people of the world , and the more , for that his majesty hath given them so many testimonies of his sincere intentions toward them , which he daily continueth , as now of late , by the causing sir walter rawleigh to be put to death , cheifly for the giving them satisfaction ; whereof his majesty commanded me to advertise you , and concerning whom , you shall by the next receive a declaration , shewing the motives which induced his majesty to recal his mercy , through which he had lived these many years a condemned man. in the mean time , i think it ●it , that to the duke of lerma , the confessor , and the secretary of state , you do represent his majesties real manner of proceeding with that king and state ; and how for the advancing of the great business , he hath endeavored to satisfie them in all things , letting them see how in many actions of late of that nature , his majesty hath strained upon the affections of his people , and especially in this last concerning sir walter rawleigh , who died with a great deal of courage and constancy ; and at his death moved the common sort of people to much remorse , who all attributed his death to the desire his majesty had to satisfie spain . further , you may let them know how able a man sir walter rawleigh was to have done his majesty service , if he should have been pleased to imploy him ; yet to give them content , he hath not spared him , when by preserving him , he might have given great satisfaction to his subjects , and had at command , upon all occasions as useful a man as served any prince in christendom ; and on the contrary , the king of spain is not pleased to do any thing which may be so inconvenient unto him , as to lessen the affections of his people , or to procure so much as murmuring or distractions amongst them : and therefore it is to be expected , that on his part , they answer his majesty at least with sincere and real proceeding , since that is all they are put to , the difficulties and hazards being indeed on his majesties side . and truly , i should think it ●it , that not by way of commination , but as it were out of zeal to the peace and amity betwixt these two crowns , you did intimate to the duke and the other ministers , how impossible you held it to have peace long continued betwixt their majesties ; if in this business wherein so much hath been professed , there should be found any indirectness . but herein you must be cautious and temperate ; for as on the one side , you and i well know , that this stile most perswades with them , so on the other side , the decency and buen termine that is to be observed betwixt great princes , will hardly admit of threats or revenge for a wooing language ; but this i know falleth into so discreet a hand , that i little fear the handsome carriage of it . and i hope , that before these letters arive with you , we shall hear from you , in such a stile , that this advice of mine shall be of no use . i pray you be very earnest with the conde gondomar , that he will not forget to negotiate the liberty of mr. mole , for whom i hope ( now my lord ross is dead ) for that which you and i know , it will not be so difficult to prevail . you may put him in minde how when father baldwills liberty was granted unto him , although he could not absolutely promise mr. moles release , yet he then faithfully protested he would use the mediation of the duke of lerma , and of the kings confessor , and of that king if need were ; and that he would try the best friends he had for the procurement of his enlargement , wherein you may desire him to deal effectually , for that there is great expectance that he should proceed honorably and really therein . i my self likewise will use all the means i can for his relief ; for it is a thing which is very much desired here , and would give a great deal of satisfaction . as touching osulivare , it is very fit that you let them know , that the report of the honor they did him , hath come unto his majesties ears , and that although they will alleage , that in the time of hostility betwixt england and spain , it may be he did them many services , and may then have deserved well at their hands ; for which they have just cause to reward him : yet since by his majesties happy coming to these crowns , those differences have had an end , and that there is a perfect league and amity betwixt them , his majesty cannot chuse but dislike that they should bestow upon him any title or dignity , which onely or properly belongeth unto him towards his own subjects ; that therefore he would be glad that they would forbear to confer any such titulary honors upon any of his subjects without his privity . this you shall do well to insist upon , so that they may understand that his majesty is very sensible , that they should endeavor to make the irish have any kinde of dependence on that state. queen anne died this year at hampton court , and was thence brought to her palace at denmark-house in the strand : the common people who were great admirers of princes , were of opinion , that the blazing-star rather be-tokened the death of that queen , then that cruel and bloody war which shortly after hapned in bohemia , and others parts of germany . in the beginning of the year one thousand six hundred and n●neteen , the emperor matthias died ; but immediately before his death , to engage persons of honor in the service of the empire , he instituted knights of several orders for the defence of the catholick religion ; who were bound by oath to be faithful to the apostolick sea , and to acknowledge the pope their cheif protector . the count palatine of rhine , who in the interregnum is cheif vicar of the empire , published his right by the golden bull , to govern in cheif till a new emperor be chosen , and by advice assumed the power , requiring the people to demean themselves peaceably under his government . king ferdinand in his broken estate , propounded a cessation of arms , and offered fair terms of peace , but was not answered , for the breach would not be made up . the bohemians declared that their kingdom was elective not hereditary , that the states-general ought to have the free election of their king , who always ought to be one of the royal house of bohemia : that ferdinand took the government upon him by vertue of his coronation in the emperors life time , and had thereby made the kingdom a donative . the evangelicks in the upper austria demanded equal priviledges with the catholicks , and resolved to make union with the bohemians . the protestant states of moravia , silesia , and hungaria , banish the jesuites . the bohemians prospered in these beginnings , but the austrian party received vigor by supplies out of hungary and flanders , and were able to stand their ground ; and the emperor capitulated with the duke of bavaria to levy forces to his use ; for the expence of which service , he engaged part of his country to him . the war grows to a great height , and the king of england interposed in these differences , and sent the viscount doncaster extraordinary ambassador to mediate a reconciliation . his constant love of peace , and his present fear of the sad issue of these commotions , and the request of the king of spain , moved him to take this part in hand . it was the spaniards policy to make him a reconciler , and by that means to place him in a state of neutrality , and so frustrate the hopes of that support , which the princes of the union might expect from him by the interest of the count palatine : for which cause the king of spain speaks out large promises , that he should be the sole and grand arbiter of this cause of christendom . nevertheless his mediation was slighted by the catholick confederates , and his ambassador shufled out of the business : and at the same time , mr. cottington being very sensible of their unworthy dealings in the court of spain , professed , that his most useful service and best complying with his own conscience , would be to disengage the king his master . the archbishop of ments , the representers of the duke of saxony , and the other electors , brandenburgh , cullen , and tryers , met at franckford to chuse the emperor . upon the eighth day of august , ferdinand was chosen king of the romans ; and upon the nineteenth of september had the imperial crown set upon his head. ambassadors from the elector palatine came to oppose ferdinand , but were denied entrance at franckford : the bohemians disclaimed the said election , and being assembled for that purpose , with the consent of their confederates , elected for their king , count frederick palatine of rhine . at that time bethlem gabor , prince of transylvania , made known to the directors evangelick , his great sense of their condition since those troubles began , desired union with them , and offered to come in with an army , hoping for the great turks consent to peace , during the time of that service . the directors return their thanks , accept the offer , and prince bethlem immediately entred hungary , to the emperors great vexation , danger , and detriment ; marching with an army even to the walls of vienna . the count palatine elected king of bohemia , craved advice to his father in law , the king of great brittain , touching the acceptation of that royal dignity : when this important business was debated in the kings council , archbishop abbot , whose infirmities would not suffer him to be present at the consultation , wrote his minde and heart to sir robert nanton , the kings secretary . that god had set up this prince , his majesties son in law , as a mark of honor throughout all christendom , to propagate the gospel , and to protect the oppressed . that for his own part , he dares not but give advice to follow where god leads ; apprehending the work of god in this , and that of hungary : that by peece and peece , the kings of the earth that gave their power to the beast , shall leave the whore , and make her desolate . that he was satisfied in conscience , that the bohemians had just cause to reject that proud and bloody man , who had taken a course to make that kingdom not elective , in taking it by the donation of another . the slighting of the viscount doncaster in his ambassage , gave cause of just displeasure and indignation : therefore let not a noble son be forsaken for their sakes who regard nothing but their own ends . our striking-in will comfort the bohemians , honor the palsgrave , strengthen the princes of the union , draw on the united provinces , stir up the king of denmark , and the palatines two uncles , the prince of orange , and the duke of bouillon , together with tremouille , a rich prince in france , to cast in their shares . the parliament is the old and honorable way for raising of money , and all that may be spared is to be turned this way . and perhaps god provided the iewels which were laid up in the tower by the mother , for the preservation of the daughter , who like a noble princess hath professed that she will not leave her self one iewel , rather then not maintain so religious and righteous a cause . certainly if countenance be given to this action , many brave spirits will offer themselves : therefore let all our spirits be gathered up to animate this business , that the world may take notice that we are awake when god calls . the life and zeal of these expressions from a person of such eminency , may discover the judgment and affection of the anti-spanish party in the court of england . but the king was engaged in those ways , out of which he could not easily turn himself . besides , it did not please him , that his son should snatch a crown out of the fire : and he was used to say , that the bohemians made use of him as the fox did of the cats foot , to pull the apple out of the fire for his own eating . in the mean while before the king could answer , the palsgrave desiring advice in that behalf , the bohemians had wrought and prevailed with him to accept of their election ; whereof he sent advertisement into england , excusing the suddenness of the action ; for that the urgency of the cause would admit of no deliberation . king iames disavowed the act , and would never grace his son in law with the stile of his new dignity . but sir richard weston and sir edward conway were sent ambassadors into bohemia , to close up the breach between the emperor , and the elector palatine . the king being not a little troubled and jealous , that the palatines nearness to him might give cause of suspition to his brother of spain , that this election had been made by his procurement or correspondence with the german protestants , commands his agent cottington to give that king plenary information of all proceedings ; as , that his ambassador being sent to compound the differences , and to reduce the bohemians to the quiet obedience of the emperor , instead of finding the emperor so prepared , and such a way made for his mediation as was promised and expected , received answer , that the business was already referred to four of the electors , insomuch , that no place was left for his authority to interpose . of this exclusive answer , as he had just cause to be sensible , considering that he had entred into that treaty meerly at the instance of the king of spain , and his ministers ; so there followed a further inconvenience , that the bohemians having long expected the fruit and issue of this mediation , and finding little hope by this means , did instantly , as out of desperation , elect the count palatine for their king : wherefore being tender of his own honor and reputation , especially in the opinion of the king of spain , he would not have it blemished by the least misunderstanding . and for that end , he tendred to his view , such letters as from time to time he had written to the princes of the union , and to the palatine himself , whereby he might plainly see his dislike of the bohemians engaging against their king , and his industry to contain those princes in peace and quietness , and to make a fair accord between the disagreeing parties . reply was made , as touching the answer given to the viscount doncaster , that he was admitted a compounder in such form as was possible , the arbitration having been committed by the late emperor into the hands of three of the electors , and the duke of bavaria ; that nevertheless he might have proceeded in the negotiation , and by his masters authority have over-ruled any difficulty which might have hapned on the emperors side ( on whose behalf the reference was made ) if he had reduced the bohemians to the acceptance of any reasonable conditions : but he presently , to the emperors great disservice , labored to suspend the election of the king of the romans , till the bohemian controversie were first compounded , which was absolutely to defeat king ferdinand of that crown , and to disturb and put in danger his election to the empire . this was the more confirmed by his desire to make bonfires in liege , when the count palatine was made king of bohemia . as touching the kings integrity in the whole business , the satisfaction tendred was received with great applause ; and it was further said , that it would gain the more authority and estimation if he should continue to disclaim that which had been done so contrary to his opinion , and against his friends and allies , as are all the princes of the house of austria . but the lot was cast in germany , and for the palsgrave there was no going back ; forces pour in a main on both sides . the king of poland aided the emperor in hungary , to bound and check the incursions of prince bethlem ; the duke of saxony did not brook his fellow electors advancement to regal majesty , and condemned his joyning with bethlem gabor ; who , saith he , came in with the turks consent to make a desolution in the empire . king frederick visited the several parts of his kingdom to confirm the people to him , and to receive the oath of fidelity : and the emperor published a proscription against him , wherein he proclaims him guilty of high treason , excludes him out of the publick peace , and declares his resolution to prosecute him as the publick enemy of the empire , and a contemner of his imperial majesty , and absolves all his subjects from their oaths and duties to him , and commands all persons whatsoever to abandon him and his adherents . christian , prince of anhalt , was appointed generalissimo of the bohemian forces , and governed all affairs , which was some eclipse and discontent to thurne and mansfet , who had hitherto stood the shock of the imperial armies . the princes of the union raised forces for the defence of the palatinate , and their own interest , under the marquess ansbach . the evangelicks were put to the worst by general buquoy in several encounters , and were much terrified by the duke of bavaria , who marched with an army of fifteen thousand horse and foot , and a train of artillery proportionable ; and they were weakned by a cessation of arms in hungary , between the emperor and the prince of transylvania . in spain they make all possible preparations for this war ; onely the king of england will not take the alarm , abhorring war in general , and distasting the palsgraves cause , as an ill president against monarchy , and fed with hopes of composing all differences by the success of the spanish treaty . for which purpose sir walter aston was then sent ambassador into spain , and gondomar returned into england , there to abide till the long debated match be fully effected . the articles of religion for securing liberty of conscience to the infanta and her family , were greatly inlarged by the commissioners designed for the treaty , and were allowed by the king of england ; but without a dispensation from rome , the transactions between the two kings were but nullities . and for this cause it was expected , that our king should propound such conditions for the increase and great advantage of the roman catholick religion , that the pope may deliberate whether they be of that nature as may perswade and merit the dispensation : to this demand the king made answer in his letter to the king of spain , that he had done as much in favor of the catholicks as the times would bear , and promised in the word of a king , that no roman priest or other catholick should thenceforth be condemned upon any capital law. and although he could not at present rescind the laws , inflicting onely pecuniary mulcts ; yet he would so mitigate them as to oblige his catholick subjects to him . and if the marriage took effect , his daughter in law should finde him ready to indulge all favors which she should request for those of her religion . herein the spanish council acknowledged great satisfaction given , and a paper was conceived and drawn up by a iunto of canonists , lawyers , and divines , to perswade the pope to act his part . in the mean while an army of thirty thousand was levying in flanders , under the command of marquess spinola . the king of england sent to know the cause of so great preparations . the marquess gave answer , that he received his commission sealed up with a charge not to open it till his army were compleated , and brought together to a rendevouz : but the king had proof enough to assure him , that this army was intended for the palatinate . yet no more then one regiment under the command of sir horatio vere could be obtained from him , though two more were promised : when spinola had his rendevouz where he mustered six and twenty thousand foot , and four thousand horse , he opened his commission , which required him to make war against all those which should be confederate with the bohemian rebels ; and he communicated the same to the ambassador of great brittain . at the same time the english began their march ; as brave a regiment as hath appeared in any age , consisting most of gentlemen under a most worthy leader , who was accompanied with the earls of oxford and essex , persons innobled as well by their own vertues , as by their progenitors . other commanders in this regiment were sir edward sackvile , sir gerard herbert , sir robert knolles , captain stafford , captain wilmot , captain william fairfax , sir iohn burlacy , cap. burroughs , cap. robert knightly , &c. this handful of men reached the palatinate with some difficulty , by the aid and conduct of henry prince of nassau . the imperial forces became exceeding numerous by large supplies from several countreys and provinces . the states protestant of the upper and lower austria , upon the approach of the bavarian army , seeing nothing but manifest ruine , renounce their confederacy with the bohemians , and submit to the emperor , saving to themselves their rights and priviledges in religion : whereupon the bohemians and their king being but twenty thousand strong , besides an addition of ten thousand hungarians from bethlem gabor , and fearing least bavaria and buquoy joyning their forces , should fall into bohemia , thought it best to fortifie the frontiers , and to defend their country , which they conceived they might well do , if the elector of saxony would continue in his neutrality . the emperor sent to the said elector to execute his ban or declaration of treason against the count palatine , and the bohemian rebels . the bohemians by their ambassadors requested him , if he would not own their cause , yet at least to remain neutral . the duke of saxony replied to king frederick , that he had often represented to him what ruine was like to follow him by taking an others crown ; and for his own part , being called upon by the emperor , to execute his ban , and chastise the rebels , he could not disobey that just command : the protestant princes sent to him again , and gave him notice of spinola's advance to subdue the palatinate , but this did nothing move him . he entred lusatia with some forces , and quickly reduced a part of that province . in the palatinate , spinola having got the start of the english , by means of a far shorter march , had no sooner arived , but he took in divers towns , and prevailed greatly over a spiritless people ; yet he warily declined the hazard of battel with the princes of the union : neither was the marquess ansbach very forward to engage , or to seek or take advantages . the dutch slowness was not excusable , howbeit the great access of strength to the emperors party , and this slender aid from the king of great brittain , to preserve his childrens patrimony , must needs dishearten the german princes , and help to dissolve the union . after a while , the season of the year drew them into their winter quarters ; the princes retired into their several countreys , and the english regiment was disposed into three principal garisons : sir horatio vere commanded in manheim , sir gerard herbert in heidelborough , and captain burroughs in frankendale , having onely power to preserve themselves within those walls , whilest the enemy ranged round about them . a letter written from the marquess of buckingham to conde gondomar , discovered the bent of the kings minde and will touching the german war , that he was resolved to continue neuter for conscience , honor , and examples sake . in regard of conscience , judging it unlawful to inthrone and dethrone kings for religions sake ; having a quarrel against the jesuites for holding that opinion : besides he saw the world inclined to make this a war of religion , which he would never do . in point of honor ; for that when he sent his ambassador into germany to treat of peace , in the interim his son in law had taken the crown upon him . and for example sake ; holding it a dangerous president against all christian princes to allow a sudden translation of crowns by the peoples authority . nevertheless he could not sit still , and see his children dispossessed of their hereditary rights , and hopes his son in law will make overtures of peace , which if slighted by the emperor , he will not lose the season to prepare for the defence of the palatinate . but if his son will not hearken to his advice , he shall be inforced to leave him to his proper counsels . notwithstanding this open , wary and tender proceeding with all care and patience to observe the spanish humors , our state ministers that were most addicted to spain , discerned their trifling with us , which they did not spare to censure , and resolved to use a freer language ; yet still discovered a willingness to wait their further leisure , for the english patience seemed invincible . in the mean time the privy council having an eye to the support of the palatinate , began the raising of moneys by way of free gift , and directed letters of the tenor following , to divers earls , viscounts , bishops , and barons , the same letter being sent to each respectively . you may formerly have heard how the palatinate being the ancient heritage of the count palatine , his majesties son in law , and to discend to his majesties grand-children , is now invaded by a foreign enemy ; many principal towns are surprised , a great part of the countrey in the possession of strangers , and the inhabitants forced to take an oath against their natural prince . whereupon his majesty out of considerations of nature , honor , and state , hath declared himself in the course of an auxiliary war for the defence and recovery of the same ; the occasion being so weighty and pressing , hath moved his majesty by the general advice of us his council , to think of some course for provision of that nature , as may serve as well to the maintenance and preserving of the present succors already sent , as for the reinforcing them out of those countries , as the occasion of the war shall require : and for that the swiftness of the occasion would not permit a supply by other means for the present , so readily as was needful , we have all concurred to begin with our selves , in offer of a voluntary gift unto his majesty , for the advancement of the present occasion ▪ nothing doubting , but that your lordship being a peer of the kingdom , will chearfully and readily follow the example of us begun . and if there were much alacrity and readiness found in the nobility , and others , to contribute at the motion of his majesties sons ambassador , at what time the palatinate was not invaded , neither had his majesty declared himself , you will much more and in a better proportion do it now these two weighty motives do concur ; and so nothing doubting of your lordships readiness herein , we bid , &c. to the marquess of winchester , to the earl of cumberland , to the earl of darby , to the earl of northumberland , &c. also a letter of the same form was written to the lord major of london . but the short reign of king frederick was near its period : the imperial forces under bavaria , buquoy , and d. balthazar , advance towards prague ; and the bohemians quit their garrisons , to make their army the more compleat : yet neither count mansfield nor the english forces were there . on the eighth day of november , being the lords day , both armies met for the fatal decision of the great controversie . the bohemians stood upon the advantage-ground betwixt the imperialists and prague : but the enemy breaking through , scattered and ruined their whole army , and pursued the victory . the king and queen surprised with this discomfiture , among a wavering people in a city not very defensible , were constrained to ●lie the next morning . diminution of honor was added to the calamity of this prince ; because he suffered his soldiers to mutiny for pay , when he had a mass of money by him , which was left behind to augment the enemies conquest . neither was anhalt the general a fit person for the high trust reposed in him ; who not long after the defeat , sought and obtained the emperors favor , and was made one of his generals to debel the protestant cause and party . but count mansfield , whom anhalt slighted , and closed not with him to bring him up to this fight , made good his fidelity , and with his flying army became a continual vexation to the emperor , harasing his countries and forcing contribution . king iames , upon the news of the palsgrave's overthrow , and upon a narration of the state of affairs in those parts made unto his majesty by the earls of oxford and essex newly returned from the palatinate , was pleased to call a full council together to consider of this great and weighty affair . the order ensuing relates the particulars . at the court at whitehall , jan. . . present , lord archbishop of canterbury lord chancellor lord treasurer lord privy seal lord steward lord m. hamilton lord chamberlain earl of arundel earl of kelly lord v. doncaster lord v. falkland lord carew lord digby mr. treasurer mr. secr. naunton mr. secr. calvert mr. chanc. of the exchequer master of the rolls master of the wards . his majesty being resolved to make some royal preparations for the recovery and protection of the palatinate , being the antient inheritance of his majesties son in law , and grandchildren , did in his high wisdom think méet to appoint some persons of knowledge and experience in the wars to consider of , and give their advice in such propositions as shall be made unto them by the board , for the better expediting of that service . to which purpose the earl of oxford and the earl of essex , the earl of leicester , the lord uiscount wilmot , the lord danvers , the lord calfield , sir edward cecyl , sir richard harrison knights , and captain danbingham were called to the table , and made acquainted with his majesties pleasure , that they , or any five or more of them , together with sir horace vere , and sir edw. conway knights ( if they return into england while this committee doth continue ) shall undertake this service , and have their méetings and assemblies in the whole council-chamber here in whitehall touching the affairs above-mentioned : and that for their better assistance they call unto them such others of experience , whose advice and opinion they shall think fit to make use of in their several consultations , upon such things as shall be so referred unto them from the board . which they are to prosecute without intermission or delay . and they shall make report of their opinions , which is to be done in writing under five of their hands at least . the particulars offered to their consideration , are these ; first , what proportion or number of men , as well horse as foot , with munition , victuals , shipping , and treasure , will be sufficient for that enterprise . and secondly , by what time it will be meet that their forces be in readiness ; and where the arms , munition , and victuals may best be provided ; with such other circumstances as are incident to any of these heads . for the better direction herein , mr. secretaries will acquaint them with such intelligences as they have received touching the strength of the enemies forces now in the palatinate . moreover , the king to encourage the princes of the union , and to keep them in arms , sent them thirty thousand pounds ; yet withall resolved to treat for peace , and dispatched sir edward villers into silesia to fetch the palsgraves submission to the emperor , upon conditions to be conceived according to equity and conveniencie . never did the spaniards more flatter king iames , then after the defeat at prague . they affirm that he shall ordain according to his pleasure in the palsgrave's restitution , and be obeyed ; that the infanta's portion was preparing , and that the pope was obliged to grant the dispensation , from whom they resolve to take no denial . cottington the agent in spain now attested the honesty of gondomar's dispatches hither , and cryed him up for a cordial man , and well deserving his majesties favor . this notable spanish engine had so wrought himself into the kings affections , that he gained the accoss of a favorite rather then of an ambassador from a foreign prince . some in the english court were then suspected to be pensioners to spain ; as may be gathered from the spanish ambassadors instructions received from the king his master . besides that which i enjoin you in your general instructions given you for england , whither i send you to reside , i thought good to advertise you apart by themselves of the chiefest things of importance which you shall there negotiate , and endeavor to further and advance . it is well known , that i have desired and endeavored to favor the cause of the catholicks of that kingdom , and to further it to their best advantage , as well in the time of the queen deceased who did so much prosecute and oppress them , as since the time that the present king hath succeeded ; yet that calamity still continues upon them , by reason of the ill offices done unto them by the puritans and protestants ( of whom the greater part of that kings council doth consist : ) howbeit because it is a thing that i could not well urge or press , without breeding jealousies , and so cause thereby a greater harm to the catholicks , i have proceeded on my part with that wariness and dissimulation as is fit . d.a. shall inform you of what hath passed in this matter , as also in what estate things are at this present , and how you shall govern your self for the time to come , according to the orders given unto him , whose example we wish you to follow . and of this take special heed : that although it be believed that we may be very confident of the trustiness of those catholicks by whose means the business of the rest is undertaken , that they will be secret ; notwithstanding lest any heretick shall come in the name or shew of a catholick only to make some discovery ; it shall be fit , that in all speeches you shall have with them concerning that which shall touch the catholicks , that you tell them how much i desire to see them freed from those pressures under which queen elizabeth put them , and that god would inspire the kings heart that he may reduce himself to the obedience of the roman catholick church : and advise them to endeavor to win the king unto them , by shewing themselves good and loyal and obedient subjects , in temporal duties , and not to meddle any thing against his state ; that by their deeds he may see what security may be expected from them , and may also bind himself to favor them ; these being things that do no way contradict the observing the catholick religion , and are due from them to the dignity of their king and natural lord : and for the same reason they ought to abstain from all ill practices , or unfitting speech or actions against his person , as is said some heretofore have used ; especially seeing no good hath , or can come thereof , and thereby they shall justly provoke him against themselves ; and by holding this course they shall win the kings good will , and the peace shall be preserved , and by the peace by little and little be won and attained that which is desired . by this manner of proceeding it is certain there can come no inconvenience : but in case that this your manner of dealing shall come to the kings knowledge ( as possibly it may ) it will breed a great obligation of brotherhood and friendship between us , when he shall see that i carry my self in this sort in his affairs , and consequently will be the more confident of our amity , and will thereby be induced the better to subdue all malice in them that shall endeavor to perswade the contrary . and therefore you shall have a special care to do this dexteriously , in due time and season ; and to inform your self very particularly from the said d. a. concerning those with whom you may deal confidently , and how far you may trust the negotiants for the catholicks ; though you shall do well alway to proceed with the aforesaid caution and wariness . you shall understand from the said d.a. what pensions are allotted to certain ministers of that king , and to other persons : it will be necessary to inform your self throughly of all that concerns this point , and that you know both the persons and pensions to serve your self of them , and to make the best use of them in all occasions that shall be most behoveful for your better direction in the businesses given you in charge , and all others that may be offered of consequence , seeing the said pensions were appointed to that end . whatsoever of the said pensions you shall find unpaid for the time past , d. a. is to discharge , and you shall undertake for the time to come ; telling every one what his pension is , to the end they may be deceived of no part thereof by the third person who conveys it unto them ; and let it be punctually paid at the days , that their good payment may bind them to persevere and do their service punctually ; for the which you shall be furnished with all that shall be necessary . and have a special care to advertise me how such persons employ themselves in the things that shall occur , disguising their names in such manner as d.a. doth . above all , you must take great care to dive into the estate of the affairs of that king : what his treasure is ; in what estimation he is with his subjects , and what correspondeneie and good meaning there is betwixt them ; how the english , scotch and irish stand affected among themselves and one towards another , and towards their neighbors , and how they are bent against me and my common estates , or any of my particular kingdoms ; whence they draw their intelligences , and particularly what amity and correspondencie that king entertaineth with france , and with the neutrals of holland and zealand , and with the venetians , and upon what causes it is founded , what matters they treat of , what designs they have in hand . all which is very necessary to be known ; for the attaining of which d.a. will open unto you some ways which you must follow , besides those which your self shall discover : and you shall advertise me of whatsoever you shall understand the learn , governing your self in all occurrents with that wariness and discretion , as your zeal to my service doth assure me of . these were the arts of spain , to corrupt divers in the court of england . buckingham and his dependants followed the kings inclinations : the duke of lenox , marquis hamilton , and william earl of pembroke disliking the kings course , did not contest with him , but only intimated their dissent . it was said of gondomar , that when he returned into spain , he gave in his account of disbursments for pensions given in england , ( amongst others ) to sir robert cotton l. a person of great integrity , and one who was ever averse to the house of austria . which sir robert getting notice of by the english agent then in spain , demanded reparation , which was obtained , but with a salvo to the ambassadors honor , the error being said to be committed by a dependent upon the ambassador , and not by himself . the king being jealous of uncomptrolled soveraignty , and impatient of his peoples intermedling with the mysteries of state , had fallen into a great dislike of parliaments , and for many years before had given way to projects and monopolies : and many of his ministers perhaps fearing an enquiry into their own actions , might suggest to him , that he might better furnish himself by those ways , and the match now in treaty , then by subsidies , usually accompanied with the redress of grievances . nevertheless , he was now minded to call a parliament , conceiving it might be of special use : for he observed the affections of the people to be raised for the recovery of the palatinate ; and then concluded , that those affections would open their purses to the supply of his wants ; and the treaty with spain would effect the business without the expence and troubles of war , and the good accord between him and his people would quicken the spaniard to conclude the match . and accordingly writs were issued forth to assemble them the . of ianuary . in the calling of this parliament he recommended to his subjects the choice of such members as were of the wisest , gravest , and best affected people , neither superstitious , nor turbulent , but obedient children to this their mother-church . in the mean while in germany , the protestant union continually declined by the gradual falling away of the several partakers . the elector of saxony reduced the remainder of lusatia . the province of moravia , upon the approach of buquoy , seeing the count de latiere came not in to their succor , prayed that they might enjoy their priviledges in matter of religion , and be received into the emperors grace and favor : which submission was well received at vienna . likewise the states of silesia failing of assistance from the elector palatine , were constrained to make their peace . then the palatine propounded to the elector of saxony an overture of peace , declaring , that he took the crown upon him to preserve the protestants in the free exercise of their religion . the saxon replied , that he had no way to make his peace , but to renounce the kingdom of bohemia , and the provinces incorporate , and to beg the emperors pardon . afterwards the elector palatine goeth to brandenburgh , and then to segenburgh , where there was an assembly of princes and states protestant to oppose the exploits of spinola . in the mean while count mansfield stirs in bohemia , pillages several towns , and the goods of all those that cryed , god save king ferdinand ! the relation of england to these affairs of foreign states , had caused a general liberty of discourse concerning matters of state : which king iames could not bear , but by proclamation commanded all from the highest to the lowest , not to intermeddle by pen or speech with state-concerments and secrets of empire , either at home or abroad ; which were no fit themes or subjects for vulgar persons , or common meetings . on the thirtieth day of ianuary the parliament began to sit , and the king came in person and made this speech . my lords spiritual and temporal , and you the commons ! cui multiloquio non deest peccatum . in the last parliament i made long discourses , especially to them of the lower house : i did open the true thoughts of my heart ; but i may say with our saviour , i have piped to you , and you have not danced ; i have mourned , and you have not lamented . yet as no mans actions can be free , so in me god found some spices of vanity , and so all my sayings turned to me again without any success . and now to tell the reasons of your calling , and this meeting , apply it to your selves , and spend not the time in long speeches . consider that the parliament is a thing composed of a head and a body , the monarch and the two estates ; it was first a monarchy , then after a parliament . there are no parliaments but in monarchical governments ; for in venice , the netherlands , and other free governments there are none . the head is to call the body together : and for the clergy , the bishops are chief ; for shires , their knights ; and for towns and cities , their burgesses and citizens . these are to treat of difficult matters , and to counsel their king with their best advice to make laws for the commonweal . and the lower house is also to petition their king , and acquaint him with their grievances , and not to meddle with their kings prerogative . they are to offer supply for his necessity , and he to distribute in recompence thereof justice and mercy . as in all parliaments it is the kings office to make good laws , ( whose fundamental cause is the peoples ill manners ) so at this time , that we may meet with the new abuses and the incroaching craft of the times : particulars shall be read hereafter . as touching religion , laws enough are made already . it stands in two points , perswasion and compulsion : men may perswade , but god must give the blessing . iesuites , priests , puritans and sectaries , erring both on the right hand and left hand , are forward to perswade unto their own ends ; and so ought you the bishops , in your example and preaching : but compulsion to obey , is to bind the conscience . there is talk of the match with spain : but if it shall not prove a furtherance to religion , i am not worthy to be your king : i will never proceed but to the glory of god , and content of my subjects . for a supply to my necessities : i have reigned eighteen years , in which time you have had peace , and i have received far less supply than hath been given to any king since the conquest : the last queen of famous memory , had one year with another above a hundred thousand pounds per annum in subsidies ; and in all my time i have had but four subsidies and six fifteens . it is ten years since i had a subsidy ; in all which time i have been sparing to trouble you : i have turned my self as nearly to save expences as i may ; i have abated much in my household expences , in my navies , in the charge of my munition ; i made not choice of an old beaten soldier for my admiral , but rather chose a * young man , whose honesty and integrity i knew , whose care hath been to appoint under him sufficient men , to lessen my charges , which he hath done . touching the miserable dissentions in christendom , i was not the cause thereof ; for the appeasing whereof i sent my lord of doncaster , whose journey cost me three thousand five hundred pounds . my son in law sent to me for advice , but within three days after accepted of the crown ; which i did never approve of , for three reasons . first for religion's sake , as not holding with the jesuites disposing of kingdoms ; rather learning of our saviour to uphold , not to overthrow them . secondly , i was not iudge between them , neither acquainted with the laws of bohemia . quis me judicem fecit ? thirdly , i have treated a peace , and therefore will not be a party ; yet i left not to preserve my childrens patrimony : for i had a contribution of my lords and subjects , which amounted to a great sum ; i borrowed of my brother of denmark seven thousand five hundred pounds to help him , and sent as much to him as made it up ten thousand ; and thirty thousand i sent to the princes of the union , to hearten them . i have lost no time : had the princes of the union done their parts , that handful of men i sent had done theirs . i intend to send by way of perswasion , which in this age will little avail unless a strong hand assist : wherefore i purpose to provide an army the next summer , and desire you to consider of my necessities , as you have done to my predecessors . qui cito dat , bis dat . i will engage my crown , my blood , and my soul in that recovery . you may be informed of me in things in course of justice ; but i never sent to any of my iudges to give sentence contrary to law. consider the trade , for the making thereof better ; and shew me the reason why my mint for these eight or nine years hath not gone . i confess i have been liberal in my grants ; but if i be informed , i will amend all hurtful grievances : but who shall hasten after grievances , and desire to make himself popular , he hath the spirit of satan : if i may know my errors , i will reform them . i was in my first parliament a novice ; and in my last there was a kind of beasts called undertakers , a dozen of whom undertook to govern the last parliament , and they led me . i shall thank you for your good office , and desire that the world may say well of our agreement . in this parliament the commons presented sir tho. richardson for their speaker . the king minded his former engagements , and in the beginning of the parliament sends sir iohn digby , now made lord digby , into flanders to the archduke albertus , to gain a present cessation from war , and to make way for a treaty of peace with the emperor . and also about the same time he sent mr. george gage to rome , to join with padre maestre the spanish agent in negotiating the popes dispensation . the archduke at bruxels assented to a reconciliation in favor of our king , and obtained from marquis spinola a suspension of all hostility against the country and subjects of the elector palatine , which continued till the death of archduke albert , who died º iulii following . so the lord digby returned into england , bringing the cessation of arms , about the same time that sir edward villers brought the palsgrave's submission . but the twelve years peace between spain and the united provinces at this time expiring , spinola returned into flanders , and left the palatinate to the imperial forces . after the assembly at segenburgh , the palatine and his princess took their journey into holland , where they found a refuge and noble entertainment with the prince of orange , who gave a high testimony of honor to the electress at her first arrival , for her magnanimous carriage in bohemia . the ambassage of weston and conway prevailed little . the emperor went on in a severe reformation , and frequent executions among that vanquished people : he destroyed most of their antient laws , and made new ordinances ; declaring a soveraignty over them , not as an elected king , but as a lord by right of conquest . more princes of the union reconcile themselves to the emperor ; the imperial protestant towns , strasburgh , worms , and nuremburgh , subscribe to conditions of peace . the reconciled princes and states intercede for the elector palatine ; but their motion displeased the emperor , who alleadged , that the palatine did not acknowledge his faults nor sue for pardon , but made levies in holland and elswhere , to renew the war in the empire . for the king of denmark , the united provinces , and divers german princes did adhere to the palsgrave's cause , and stickle for him . but the princes confederates being already scattered , and the heart of the union broken , those counsels and enterprises of war on his behalf , in stead of repressing the progress of the austrian party , did minister occasion of their more absolute and plenary conquest . but to return to the parliament in england . they petition the king for the due execution of laws against jesuites , seminary priests and popish recusants . likewise they take in hand to redress the peoples grievances by illegal patents and projects , and chiefly that of inns and alehouses , for which there was a great fine , and an annual revenue throughout the kingdom ; and the monopoly of gold and silver-thread , whereby the people were abused with base and counterfeit wares . but the examination of these abuses was accompanied with the grant of two subsidies , which was very acceptable to the king. sir giles mompesson was convented before the house of commons for many heinous offences and misdemeanors in this kind , to the intolerable grievance of the subject , the great dishonor of the king , and the scandal of his government . this delinquent was committed to prison , but he escaped thence and got beyond sea , and was pursued by the kings proclamation . the commons at a conference with the lords offered to prove , that the patents of gold and silver-thread , of inns and alehouses , and of power to compound for obsolete laws , of the price of horse-meat , starch , cords , tobacco-pipes , salt , train-oil , and the rest , were all illegal : howbeit they touch'd not the tender point of prerogative ; but in restoring the subjects liberty , were careful to preserve the kings honor . the lords resolved to admit no other business , till this were ended . hereupon the king came to the house of lords , and there made a speech . my lords , the last time i came hither , my errand was to inform you ( as well as my memory could serve me of things so long past ) of the verity of my proceedings , and the caution used by me in passing those letters-patents which are now in question before you , to the effect that they might not be abused in the execution . and this i did by way of declaration . but now i am come ( understanding the time of your censure at hand ) to express my readiness to put in execution ( which is the life of the law ) those things which ye are to sentence ; ( for even the law it self is a dead letter without execution ) for which office god hath appointed me in these kingdoms . and though i assure my self , that my former behaviour in all the course of my life hath made me well known for a just king ; yet in this special case i thought fit to express my own intentions out of my own mouth , for punishment of things complained of : the first proof whereof i have given by the diligent search i caused to be made after the person of sir giles mompesson , who though he were fled , yet my proclamation pursued him instantly : and as i was earnest in that , so will i be to see your sentence against him put in execution . two reasons move me to be earnest in the execution of what ye are no sentence at this time . first , that duty i owe to god who hath made me a king , and tied me to the care of government by that politique marriage betwixt me and my people : for i do assure you in the heart of an honest man , and by the faith of a christian king , ( which both ye and all the world know me to be ) had these things been complained of to me before the parliament , i would have done the office of a just king , and out of parliament have punished them as severely , and peradventure more , then ye now intend to do . but now that they are discovered to me in parliament , i shall be as ready in this way , as i should have been in the other : for i confess i am ashamed ( these things proving so as they are generally reported to be ) that it was not my good fortune to be the onely author of the reformation , and punishment of them by some ordinary courts of justice . nevertheless , since these things are new discovered by parliament , which before i knew not of , nor could so well have discovered otherwise , in regard of that representative body of the kingdom which comes from all parts of the countrey , i will be never a whit the slower to do my part for the execution : for ( as many of you that are here , have heard me often say , and so i will still say ) so pretious unto me is the publick good , that no private person whatsoever , ( were he never so dear unto me ) shall be respected by me , by many degrees , as the publick good ; not onely of the whole commonwealth , but even of a particular corporation that is a member of it . and i hope that ye , my lords , will do me that right to publish to my people this my heart and purpose . the second reason is , that i intend not to derogate or infringe any of the liberties or priviledges of this house , but rather to fortifie and strengthen them : for never any king hath done so much for the nobility of england , as i have done , and will ever be ready to do . and whatsoever i shall say , and deliver unto you as my thought ; yet when i have said what i think , i will afterwards freely leave the judgment wholly to your house . i know you will do nothing but what the like hath been done before : and i pray you be not jealous that i will abridge you of any thing that hath been used ; for whatsoever the precedents ( in times of good government ) can warrant , i will allow ; for i acknowledge this to be the supream court of justice , wherein i am ever present by representation . and in this ye may be the better satisfied by my own presence coming divers times among you . neither can i give you any greater assurance , or better pledge of this my purpose , then that i have done you the honor to set my onely son among you ; and hope that ye with him shall have the means to make this the happiest parliament that ever was in england . this i profess , and take comfort in , that the house of commons at this time , have shewed greater love , and used me with more respect in all their proceedings , then ever any house of commons have hitherto done to me , or i think to any of my predecessors . as for this house of yours , i have always found it respective to me , and accordingly do i , and ever did favor you , as you well deserved . and i hope it will be accounted a happiness for you , that my son doth now sit among you , who when it shall please god to set him in my place , will then remember that he was once a member of your house , and so be bound to maintain all your lawful priviledges , and like the better of you all the days of his life . but because the world at this time talks so much of bribes , i have just cause to fear the whole body of this house hath bribed him to be a good instrument for you upon all occasions : he doth so good offices in all his reports to me , both for the house in general , and every one of you in particular . and the like i may say of one that sits there , buckingham , he hath been so ready upon all occasions of good offices , both for the house in general , and every member in particular . one proof thereof , i hope my lord of arundel hath already witnessed unto you , in his report made unto you of my answer touching the priviledges of the nobility , how earnestly he spake unto me of that matter . now , my lords , the time draws near of your recess ; whither formality will leave you time for proceeding now to sentence against all , or any of the persons now in question , i know not ; but for my part , since both houses have dealt so lovingly and freely with me , in giving me a free gift , two subsidies , in a more loving manner than hath been given to any king before , and so accepted by me : and since i cannot yet retribute by a general pardon ( which hath by form usually been reserved to the end of a parliament ) the least i can do , ( which i can forbear no longer ) is to do something in present , for the ease and good of my people . three patents at this time have been complained of , and thought great grievances . . that of the inns and hosteries . . that of ale-houses . . that of gold and silver thred . my purpose is to strike them all dead ; and that time may not be lost , i will have it done presently : that concerning ale-houses i would have to be left to the managing of justices of the peace as before . that of gold and silver thred was most vilely executed , both for wrong done to mens persons , as also for abuse in the stuff ; for it was a kinde of false coyn. i have already freed the persons that were in prison , i will now also damn the patent , and this may seem instead of a pardon . all these three i will have recalled by proclamation , and wish you to advise of the fittest form to that purpose . i hear also there is another bill among you against informers . i desire you , my lords , that as you tender my honor , and the good of my people , ye will put that bill to an end as soon as you can ; and at your next meeting to make it one of your first works . for i have already shewed my dislike of that kinde of people openly in star-chamber ; and it will be the greatest ease to me , and all those that are near about me at court , that may be : for i remember that since the beginning of this parliament , buckingham hath told me , he never found such quiet and rest , as in this time of parliament , from projectors and informers , who at other times miserably vexed him at all hours . and now i confess , that when i looked before upon the face of the government , i thought ( as every man would have done ) that the people were never so happy as in my time : for even as at divers times i have looked upon many of my coppices , riding about them , and they appeared on the outside very thick and well-grown , unto me ; but when i turned into the midst of them , i found them all bitten within , and full of plains , and bare spots ; like an apple or pear , fair and smooth without , but when ye cleave it asunder , you finde it rotten at the heart . even so this kingdom , the external government being as good as ever it was , and i am sure as learned judges as ever it had , and i hope as honest administring justice within it ; and for peace , both at home and abroad , i may truly say , more setled and longer lasting then ever any before ; together with as great plenty as ever . so as it was to be thought that every man might sit in safety under his own vine and fig-tree : yet i am ashamed ( and it makes my hair stand upright ) to consider , how in this time my people have been vexed and polled by the vile execution of projects , patents , bills of conformity , and such like ; which besides the trouble of my people , have more exhausted their purses , then subsidies would have done . now , my lords , before i go hence , since god hath made me the great judge of this land under him , and that i must answer for the justice of the same : i will therefore according to my place , remember you of some things , though i would not teach you ; for no mans knowledge can be so good , but their memories will be the better to be refreshed . and now because you are coming to give judgment , ( all which moves from the king ) that you may the better proceed , take into your care two things , . to do bonum . . to do it bene. i call bonum , when all is well proved whereupon ye judge ; for then ye build upon a sure foundation . and by bene , i understand , that ye proceed with all formality and legality , wherein you have fit occasion to advise with the judges , who are to assist you with their opinions in cases of that nature ; and wo be to them , if they advise you not well . so the ground being good , and the form orderly , it will prove a course fitting this high court of parliament . in sentence ye are to observe two parts : first , to recollect that which is worthy of judging and censuring ; and secondly , to proceed against these as against such-like crimes properly . we doubt there will be many matters before you ; some complained of out of passion , and some out of just cause of grievance : weigh both , but be not carried away with the impertinent discourses of them that name as well innocent men as guilty . proceed judicially , and spare none where ye finde just cause to punish : but let your proceedings be according to law , and remember that laws have not their eyes in their necks , but in their foreheads . for the moral reason for the punishment of vices in all kingdoms and commonwealths , is , because of the breach of laws standing in force : for none can be punished for breach of laws by predestination , before they be made . there is yet one particular that i am to remember you of . i hear that sir henry yelverton ( who is now in the tower upon a sentence given in the star-chamber against him , for deceiving my trust ) is touched concerning a warrant dormant which he made while he was my attorney . i protest i never heard of this warrant dormant before ; and i hold it as odious a matter , as any is before you . and if for respect to me ye have forborne to meddle with him in examination , because he is my prisoner , i do here freely remit him unto you , and put him into your hands . and this is all i have to say unto you at this time , wishing you to proceed justly and nobly , according to the orders of your house ; and i pray god to bless you , and you may assure your selves of my assistance . wishing that what i have said this day among you , may be entred into the records of this house . the lords pronounced sentence upon sir giles mompesson , who was fled beyond sea. . that he shall be degraded of the order of knighthood , with reservation of the dignity of his wife and children . . that he shall stand perpetually in the degree of his person , outlawed for misdemeanor and trespass . . that his testimony be received in no court , nor he to be of any inquisition or iury. . that he shall be excepted out of all general pardons to be hereafter granted . . that he shall be imprisoned during life . . that he shall not approach within twelve miles of the court , or prince , nor of the kings high court usually held at westminster . . and the kings majesty shall have the profit of his lands for life , and all his goods and chattels so forfeited ; and that he shall undergo fine and ransome , which was set at ten thousand pounds . . disabled to hold or receive any offce under the king , or for the commonwealth . . that he shall be ever held an infamous person . . and his majesty added thereunto perpetual banishment . sir francis michel , a projector , and mompessons compartner , was fined one thousand pound , degraded and imprisoned in the same place in finsbury fields , which he had prepared for others : for the tower was thought too honorable for such a person . he rode likewise from westminster into london with his face to the horse-tail . likewise the king revoked his letter patents , commissions , and proclamations concerning inns and ale-houses , and the manufactures of gold and silver thred . to these reformations the king gave encouragement by his third speech in parliament , wherein he declared much against corruption and bribery in judicatures ; professing , that no person should be preferred before the publick good , and that no offender should go unpunished . in the same speech he gave them thanks for the subsidies given in the beginning of the parliament , and for the title of the grant , and proceeded to open his present state in relation to his son in law , the prince elector palatine ; how the sums granted by the act of subsidy were taken up beforehand for the defence of the palatinate , and the maintenance of his children expelled out of their countrey , and for the raising of an army for that recovery : that he had procured a short truce , and did hope to obtain a general peace . but the charges of sending ambassadors over christendom , or an army into the palatinate , in case a peace were not setled , could not be borne , but by the grant of more subsidies . moreover he protested before god , that he would not dissolve the parliament till the matters in agitation were finished . soon after the lord chancellor bacon was proceeded against , and a conference of both houses was held concerning him : where , first , the commons observed his incomparable good parts , which they highly commended ; secondly , they magnified the place he held , from whence bounty , justice , and mercy , were to be distributed to the subjects ; whither all great causes were drawn , and from whence there was no appeal , in case of injustice , or wrong done , save to the parliament . thirdly , he was accused of great bribery and corruption in this eminent place , and the particulars were laid open : then they concluded that this matter which concerned a person of so great eminency , might not depend long before their lordships ; but that the examination of proofs be expedited , that as he shall be found upon tryal , either he or his accusers might be punished . after this the marquess of buckingham , lord admiral , declared to the house of lords , that he had received a letter from the chancellor , expressing , that he was indisposed in health , but whither he lived or died , he would be glad to preserve his honor and fame as far as he was worthy , desiring to be maintained in their good opinions without prejudice , till his cause was heard ; that he should not trick up innocency with cavillation , but plainly and ingenuously declare what he knew or remembred ; being happy , that he had such noble peers , and reverend prelates to discern of his cause : that he desired no priviledge of greatness for subterfuge of guiltiness , but meaned to deal fairly and plainly with their lordships , and to put himself upon their honors and favors . but the charge came home upon him , insomuch , that he abandoned all defence , and onely implored a favorable judgment in this humble submission and supplication to the house of lords . may it please your lordships , i shall humbly crave at your hands a benign interpretation of that which i shall now write : for words that come from wasted spirits , and oppressed mindes , are more safe in being deposited to a noble construction , then being circled with any reserved caution . this being moved ( and as i hope obtained of your lordships ) as a protection to all that i shall say , i shall go on ; but with a very strange entrance , as may seem to your lordships at first : for in the midst of a state of as great affliction as i think a mortal man can endure ( honor being above life ) i shall begin with the professing of gladness in some things . the first is , that hereafter the greatness of a iudge or magistrate , shall be no sanctuary or protection to him against guiltiness , which is the beginning of a golden work. the next , that after this example , it is like that iudges will flie from any thing in the likeness of corruption ( though it were at a great distance ) as from a serpent ; which tends to the purging of the courts of iustice , and reducing them to their true honor and splendor . and in these two points ( god is my witness ) though it be my fortune to be the anvile upon which these two effects are broken and wrought ) i take no small comfort . but to pass from the motions of my heart , ( whereof god is my iudge ) to the merits of my cause , whereof your lordships are iudges , under god , and his lieutenant ; i do understand there hath been heretofore expected from me some justification ; and therefore i have chosen one onely justification , instead of all others , out of the justification of job . for after the clear submission and confession which i shall now make unto your lordships , i hope i may say and justifie with job in these words , i have not hid my sin as did adam , nor concealed my faults in my bosome . this is the onely justification which i will use . it resteth therefore , that without fig-leaves i do ingenuously confess and acknowledge , that having understood the particulars of the charge , not formally from the house , but enough to inform my conscience and memory : i finde matter sufficient and full , both to move me to desert my defence , and to move your lordships to condemn and censure me . neither will i trouble your lordships by singling these particulars which i think might fall off . quid te exempta juvat spinis de pluribus uva ? neither will i prompt your lordships to observe upon the proofs where they come not home , or the scruple touching the credits of the witnesses . neither will i represent to your lordships , how far a defence might in divers things extenuate the offence , in respect of the time and manner of the guilt , or the like circumstances ; but onely leave these things to spring out of your more noble thoughts , and observations of the evidence , and examinations themselves , and charitably to winde about the particulars of the charge , here and there , as god shall put into your minde , and so submit my self wholly to your piety and grace . and now i have spoken to your lordships as iudges , i shall say a few words unto you as peers and prelates , humbly commending my cause to your noble mindes , and magnanimous affections . your lordships are not simply iudges , but parliamentary iudges ; you have a further extent of arbitrary power then other courts ; and if you be not tyed by ordinary course of courts , or precedents , in points of strictness and severity , much less in points of mercy and mitigation : and yet if any thing which i shall move , might be contrary to your honorable and worthy end ( the introducing a reformation ) i should not seek it . but herein i beseech your lordships to give me leave to tell you a story . titus manlius took his sons life for giving battel against the prohibition of his general : not many years after the like severity was pursued by papitius cursor , the dictator , against quintus maximus ; who being upon the point to be sentenced , was by the intercession of some particular persons of the senate spared : whereupon livie maketh this grave and gratious observation , neque minus firmata est disciplinae militaris periculo quinti maximi , quàm miserabili supplicio titi manlii . the discipline of war was no less established by the questioning of quintus maximus , then by the punishment of titus manlius ; and the same reason is in the reformation of iustice. for the questioning of men in eminent places , hath the same terror , though not the same rigor with the punishment . but my cause stays not there ; for my humble desire is , that his majesty would take the seal into his hands , which is a great downfal , and may serve i hope in it self for an expiation of my faults . therefore if mercy and mitigation be in your lordships power , and no way cross your ends , why should i not hope of your favor and commiseration ? your lordships will be pleased to behold your cheif pattern , the king our soveraign , a king of incomparable clemency , and whose heart is instructable for wisdom and goodness ; and your lordships will remember there sate not these hundred years before , a prince in your house , and never such a prince , whose presence deserveth to be made memorable by records , and acts mixt of mercy and iustice. your selves are either nobles ( and compassion ever beateth in the veins of noble blood ) or reverend prelates , who are the servants of him that would not break the bruised reed , or quench the smoaking flax. you all sit upon a high stage , and therefore cannot but be sensible of the change of humane conditions , and of the fall of any from high place . neither will your lordships forget , that there are vitia temporis , as well as vitia hominis ; and the beginning of reformation hath the contrary power to the pool of bethesda ; for that had strength to cure him onely that was first cast in , and this hath strength to hurt him onely that is first cast in ; and for my part i wish it may stay there , and go no further . lastly , i assure my self , your lordships have a noble feeling of me , as a member of your own body , and one that in this very session had some taste of your loving affections , which i hope was not a lightning before the death of them , but rather a spark of that grace which now in the conclusion will more appear : and therefore my humble suit to your lordships , is , that my penitent submission may be my sentence , the loss of my seal my punishment , and that your lordships would recommend me to his majesties grace and pardon for all that is past . gods holy spirit be among you . the parliament not satisfied with this general acknowledgment , do require the chancellor either to confess the particulars of the charge , or they would descend to proof against him . hereupon he came to an express and plain acknowledgment , even to confess his servants receipt of a dozen of buttons , as a gift in a cause depending before him ; and put himself upon their lordships mercy . and he further said , that he was never noted for an avaritious man ; and the apostle saith , coveteousness is the root of all evil ; and hoped their lordships did finde him in a state of grace , for , that in all particular charges against him , there were few or none that were not almost two years old : whereas those that have the habit of corruption , do commonly wax worse and worse ; and for his estate it was so mean and poor , that his care was now cheifly to satisfie his debts . the lords afterwards pronounced him guilty of the charge exhibited against him , and in the presence of the commons gave sentence , that he should undergo fine and ransome , and be made incapable to bear office , &c. this learned peer , eminent over the christian world for his many writings extant in print , was known to be no admirer of money , yet had the unhappiness to be defiled therewith : he treasured up nothing either for himself or his family , for he both lived and died in debt ; he was over indulgent to his servants , and connived at their takings , and their ways betrayed him to that error ; they were profuse and expensive , and had at command what ever he was master of . the gifts taken were for the most part for interlocutory orders ; his decrees were generally made with so much equity , that though gifts rendred him suspected for injustice , yet never any decree made by him was reversed as unjust , as it hath been observed by some knowing in our laws . about the same time sir henry yelverton was accused by the commons ; who by charging him , rendred him the less offender ; and he thereby had the opportunity to speak that at the bar , which he durst not say in the tower , where he was yet a prisoner upon a late sentence in the star-chamber , for passing some clauses in the city charter , when he was attorney general , not agreeable to his majesties warrant . the matter charged against him by the commons , was for committing divers persons for not entring into bonds to restrain their own trades : that he signed dormant warrants , having no authority for the same : that he advised the patents of gold and silver thred , to be resumed into the kings hands , conceiving the same to be a monopoly , and advised the patentces to proceed by contract with the king : that four thousand quo warranto's were granted by him touching the patents of inns , and but two to come to trial : that he commenced divers suits in the exchequer , touching the gold and silver thred , but did not prosecute the same . which charge being read unto him , he said , he thought himself happy in the midst of his majesties disfavor , that his majesty was pleased to cast the grace upon him , as to send him to this honorable house ; that innocence hath her present answer , but wisdom requires time . therefore he made it his humble suit , for time to give his further answer ; adding withal , that the cheif complaint against him was concerning the two patents of gold and silver thred , inns and osteries . he said , that if he deserved well of his majesty , it was in that matter ; that the king and subjects were more abused by that patent , then by any other ; and that he suffered at that day for opposing that patent as he took it . the king being informed of this passage in his speech , came in person to the house of peers , took notice thereof , saying , it seemed strange unto him , that sir henry yelverton should be questioned here upon any thing , save the patent of gold and silver thred : for his majesty did not conceive that any matter was complained of against him touching the inns and osteries , whereof he was also examined : touching which patent mompesson had made complaint to his majesty , that yelverton refused to send any proces of quo warranto against a multitude of innkeepers ; and his majesty accepted yelvertons modest answer , that he misliked those proceedings against his subjects . his majesty to clear himself , did lay open the many former just mislikes which he had against sir henry , and his gentle proceedings against him for the same . and when his majesty intended to question him , buckingham , lord admiral , besought him not to think of any private wrongs done to his lordship ; his majesty added , that in the examination of the business touching the charter of london , yelverton had first justified himself by his majesties warrant ; and that by that warrant , he might have given away all london from him ; yet at length he made a good submission in the beginning , but in the end he said he had not wronged his majesty in his prerogative . and sith that now yelverton doth tax his majesty , that he suffered for his good service done his majesty , requires the lords who are able to do him justice , to punish yelverton for his slander . sir henry yelverton coming shortly after before the lords , gave his particular answer to each particular charge in serie temporis , and spake moreover as followeth . i cannot but present my self this day before your highness , and my lords , with much fear , with more grief ; for i am compassed with so many terrors from his majesty , as i might well hide my head with adam . his lordships ( meaning buckingham ) displeasure wounds me more , then the conscience of any these facts ; yet had i rather die , then the commonwealth should so much as receive a scrach from me . i that in none of my actions feared that great man , on whom they ( viz. sir edward villers and sir giles mompesson ) did depend , much less would i fear them who were but his shadow . but my most noble lords knowing that my lord of buckingham was ever at his majesties hand , ready upon every occasion to hew me down , out of the honest fear of a servant not to offend so gracious a master as his majesty hath ever been to me , i did commit them ( videlicet ) the silkmen . and speaking concerning the patent of inns , he said , i cannot herein but bemoan my unhappiness , that in the last cause laboring by all lawful means to advance the honest profit of his majesty ; and in this ( with the sight almost of my own ruine ) to preserve his majesties honor , and the quiet of the people , i am yet drawn in question , as if i had equally dishonored his majesty in both . when sir giles saw i would not be wooed to offend his majesty in his direction , i received a message by mr. emmerson , sent me from sir giles , that i would run my self upon the rocks , and that i should not hold my place long , if i did thus withstand the patent of inns , or to this effect . soon after came sir giles himself , and like an herauld at arms , told me to this effect , he had a message to tell me from the lord of buckingham , that i should not hold my place a moneth , if i did not conform my self in better measure to the patent of inns ; for my lord had obtained it by his favor , and would maintain it by his power : how could i but startle at this message , for i saw here was a great assuming of power to himself , to place , and displace an officer ; i saw my self cast upon two main rocks , either treacherously to forsake the standing his majesty had set me in , or else to indanger my self by a by blow , and so hazard my fortune . i humbly beseech your lordships : nature will struggle when she sees her place and means of living thus assaulted ; for now it was come to this , whither i would obey his majesty , or my lord , if sir giles spake true . yet i resolved in this to be as stubborn as mordecai , not to stoop or pass those gracious bounds his majesty had prescribed me . soon after i found the message in part made good ; for all the profits almost of my place were diverted from me , and turned into an unusual channel , to one of my lords worthies , that i retained little more then the name of attorney . it became so fatal and so penal , that it became almost the loss of a suit to come to me . my place was but as the seat of winds and tempests . howbeit , i dare say if my lord of buchingham had but read the articles exhibited in this place against hugh spencer , and had known the danger of placing 〈◊〉 displacing officers about a king , he would not have pursued me with such bitterness . but my opposing my lord in this patent of inns , in the patent of ale-houses , in the irish customs , and in sir robert nantons deputation of his place in the court of wards : these have bin my overthrow , and for these i suffer at this day in my estate and fortune ( not meaning to say , i take it , but as i know ) and for my humble oppositions to his lordship ) above twenty thousand pounds . the king hearing of this speech , commanded the lord treasurer to acquaint the house of lords , that he understood that yelverton being called before them the other day as a delinquent , answered not as a delinquent , but as a judge , or accuser of a member of that house the lord of buckingham ; saying , he suffered for the patent of inns , or to that effect : that he was so far from excusing or extenuating of his offence the last day here , that he hath aggravated the same . wherefore his majesties pleasure is , that himself will be judge of what concerns his majesty ; for that which concerns the lord of buckingham , his lordship hath besought his majesty that that might be left to the house , and so his majesty leaves that wholly to their lordships . the lords made an humble return to his majesty , that forasmuch as he was once pleased to make their house judge of those words formerly spoken by sir henry yelverton , which touched his majesties honor , that his majesty will be pleased not to resume the same out of their hands , but so far to tender the priviledges of their house , as to continue his first resolution , which afterwards the king condescended unto . the lords first examining emerson ( who varied in the matter he was examined about ) proceeded to sentence sir henry yelverton , not upon the charge exhibited against him by the commons , but for the words spoken by the by ; and declared , that the said sir henry yelverton for his speeches uttered here in the court , which do touch the kings majesty his honor , shall be fined to the king in ten thousand marks , be imprisoned during the kings pleasure , and make a submission unto his majesty . and for the scandal committed in these words of his against the lord marquess of buckingham , that he should pay him five thousand marks , and make his submission . as soon as the judgment was pronounced against him , the lord marquess of buckingham stood up , and did freely remit him the said ▪ five thousand marks ; for which sir henry humbly thanked his lordship , and the house of peers agreed to move his majesty to mitigate sir henry yelvertons fine , and the prince his highness offered to move his majesty therein ; which accordingly was done , and sir henry was set at liberty , the duke reconciled to him ; he afterwards preferred to be a judge , and was esteemed a man valde eruditus in lege . but the treaties with the emperor and the king of spain were much disrelished ; gondomar had raised the peoples fury , and was reviled and assaulted in london streets : whereupon the day following the privy council commanded the recorder of london to be careful in the strict examination of an insolent and barbarous affront offered to the spanish ambassador , and his people , for which the king would have exemplary justice done . and forasmuch as his majesty was informed that there was a fellow already apprehended , though not for casting stones or threatning the ambassadors person , as some are said to have done ; yet for using railing speeches against him , calling him divel or words to that purpose , it was his majesties pleasure that that fellow without any further delay , on the morrow in the forenoon , be publickly and sharply whipt thorow london , beginning at algate , and so through the streets , along by the place where the affront was offered , towards fleetstreet , and so to temple-bar , without any manner of favor . the people were enraged at gondomar , through a perswasion that he abused the king and state to advance the designs of spain . by means of his power with the king , he had transported ordinance and other warlike provisions to furnish the spanish arsenals ; and it was believed that he underhand wrought the sending of sir rob. mansel into the mediterranean sea , to fall upon the pirates of algier . the merchants of this kingdom by them much infested , being also induced to move for this expedition , wherein the english fleet performed gallantly , and advancing within the reach of cannon and small shot , which from the land showred like hail upon them , fired the pirates ships within their own harbor . nevertheless hereby our strength was diverted , our treasure exhausted , and the spanish fleet and merchants secured from those robbers , and spain left at liberty to assist in subduing the palatinate . in the mean while our kings affairs in germany , notwithstanding the many complaints , grew more and more desperate . in bohemia the emperor having well nigh subdued and setled the country , proceeded to the tryal and execution of the authors of the late commotions ; some were condemned to perpetual imprisonment , and others to death ; and the heads of many eminent persons were fixt on the towers in prague , and their bodies quartered . after this the emperor began both in austria and hungaria to imprison divers that assisted the bohemians , and caused proces to be made against them . the marquess of iagerndorfe who stirred in the county of glatsburgh , and raised forces by commission from the elector palatine , published letters against the executions in bohemia , as cruel and barbarous . the emperor put forth an answer , and said , that the marquess published those things maliciously ; forasmuch as in bohemia was the original sedition , and the head that infected the members : that some few persons , authors of the troubles , not in hatred of their religion , but for their rebellion , have been punished by the hand of justice . and he declared further , that the like exemplary justice should not be done in other places , but that the articles of the peace should be observed . by this time the parliament having sate about four moneths , king iames was desirous to give them a time of vacancie . the lord treasurer by the kings command declared unto the houses , that his majesty by the advice of his privy council thought fit to adjourn the parliament , lest the season of the year , by the continual concourse of people , should cause infection . also , that the lieutenans and justices might be in the country ; and the adjournment keeping the parliament still in being , was better then proroguing . that his majesty had already redressed corruption in courts of justice , and by his proclamation called in the patents of inns , of osteries , and of gold and silver-thread , and cherished the bill against informers and monopolies . the commons were troubled at this message , and desired a conference with the lords , and moved them to petition the king to forbear the adjournment . the king takes notice of it ; and the treasurer acquainted the lords , that a petition of this nature could not be pleasing to his majesty , it seeming to derogate from his prerogative , who alone hath power to call , adjourn , and determine parliaments . the commons , at a further conference , declared their hearty sorrow and passionate grief at the kings resolution ; which they said cut off the performance of what they had consulted , and promised for the publique weal. the lords sitting in their robes , the king came and made a speech , takes notice of his message to both houses , and gave their lordships thanks for obeying the same , and acknowledging his power to call , adjourn , and dissolve parliaments , and for refusing to join with the commons in the petition for non-adjournment . and whereas some had given out , that no good had been done this parliament ; he put them in mind , that the two patents grievous to the commonwealth were called in , and that the parliament had censured the offenders for an example to all ages . and if they desired it , he offered them eight or ten days longer sitting to expedite bills ; but said , that at the request of the commons he would not grant it . the lords had a conference with the commons ; after which they moved the king to continue their sitting for fourteen days , which was granted , and the commons were satisfied with the resolution of adjournment . a committee of both houses afterwards attending the king , he told them how ill he took it , that the commons should dispute his reasons of adjournment ; all power being in him alone to call , adjourn , prorogue , and dissolve parliaments . and on iune . he declared for an adjournment till november following ; and that he will in the mean time of his own authority redress grievances . and his majesty as general bishop of the land , did offer his prayers to god for both the houses ; and admonished them , that when they go into the country , they give his people a good accompt and satisfaction both as to the proceedings , and to the adjournment of the parliament . the house of commons immediately before their recess , taking to heart the miseries of the palatinate , resolved that the drawing back in so good a cause should not be charged on their slackness ; and thereupon drew up this following declaration with an universal consent . the commons assembled in parliament taking into most serious consideration the present state of the kings children abroad , and the generally afflicted estate of the true professors of the same christian religion professed by the church of england , in foreign parts ; and being touched with a true sense and fellow féeling of their distresses , as members of the same body , do with unanimous consent in the name of themselves , and the whole body of the kingdom ( whom they represent ) declare unto his most excellent majesty , and to the whole world , their hearty grief and sorrow for the same ; and do not only join with them in their humble and devout prayers unto almighty god 〈◊〉 protect his true church , and to avert the dangers now threatned , but also with one heart and voice do solemnly protest , that if his maies●●● pious endeavors by treaty , to procure their peace and safety , shall not take that good effect which is desired in treaty , ( wherefore they humbly beseech his majesty not to suffer any longer delay ) that then upon signification of his majesties pleasure in parliament , they shall be ready to the utmost of their powers , both with their lives and fortunes to assist him so , as that by the divine help of almighty god ( which is never wanting unto those who in his fear shall undertake the defence of his own cause ) he may be able to do that with his sword , which by a peaceable course shall not be effected . after the recess of parliament , the king by proclamation declared his grace to his subjects in matters of publique grievance : and taking notice that many great affairs debated in parliament could not be brought to perfection in so short a time , and that the commons thought it convenient to continue the same session in course of adjournment ; and withall observing that divers of those particulars required a speedy determination and settlement for his peoples good , and that they are of that condition and quality , as that he needeth not the assistance of parliament to reform the same , and would have reformed them before the parliament , if the true state of his subjects grievances had been made known unto him ; he hath determined , and doth declare an immediate redress therein by his own regal authority , as in the business of informers , of miscarriages of ministers in chancery , of the patents for gold and silver-thread , for licensing pedlers and petty-chapmen , for the sole dressing of arms , for the exportation of lists and shreds , and for the sole making of tobacco-pipes , cards , and the like . and besides the redress of these grievances , he will enlarge his grace unto other kindes for the subjects ease ; and that both his own , and the ears of his privy-council shall be open to his peoples modest and just complaints . moreover , a second proclamation was issued forth against excess of licentious speech touching state-affairs : for notwithstanding the strictness of the kings former command , the peoples inordinate liberty of unreverend speech increased daily . wherefore the king threatned severity as well against the concealers of such discourses , as against the boldness of audacious tongues and pens . on the tenth of iuly , iohn williams doctor of divinity , and dean of westminster , was sworne keeper of the great seal of england . the king was plyed from spain and rome , to enlarge his favors to popish recufants : for , reports were then brought to rome , that the catholicks of england , scotland , and ireland were cruelly used . and besides this there went a rumor , that king iames in a speech in parliament had declared , that notwithstanding the marriage with spain , the english catholicks should not be one jot in better condition . but the king said no more then this , that if any of that party did grow insolent , let his people count him unworthy to reign , if he gave not extraordinary punishment . thus was the king entangled in the ways which he had chosen : for it was not possible for him at once to please his people , and to satisfie his foreign interests . about the same time the lord digby , who was sent ambassador to the emperor , had audience at vienna . the principal heads of his embassie were these . that the elector palatine , and the children of the king of great britain his master , might be received into the emperors favor , and restored to all their hereditary goods , and the prince elector himself to the title which he enjoyed before the troubles of bohemia : that the ban imperial published against him should be revoked , and the execution thereof suspended ; which being done , the king of great britain will undertake that the palatine shall render due obedience to his imperial majesty , and submit to conditions meet and honest . to these demands he received answer , that the emperor had a very good will to gratifie the king of great britain , and those other kings and princes that had made the same request for the palatine : but he could not grant it , because the palatine to this hour useth the counsels of many of the electors and princes , in opposition to the emperor ; and when the emperor had agreed to a cessation of arms , according to the desires of the king of great britain , and had ordered the suspending of all hostility in the lower palatinate , at the same time the palatine gave commission to raise forces and do acts of hostility , which was put in execution by count mansfeld and marquis iagerndorf , to begin new troubles in bohemia , silesia , and moravia . nevertheless the emperor having appointed an assembly to meet at ratisbone , will there make known the desires of the king of great britain , who shall know what resolution is there taken concerning the palatine . albert archduke of flanders , at the request of king iames , had made intercession for the palsgrave . after his decease , the archduchess his wife continued the same mediation by letters to the emperor . and withall , the kings ambassador further proposed these conditions for a cessation of arms , and a suspension of the ban imperial ; that mansfeld and iagerndorf shall observe the agreement , otherwise the prince palatine shall revoke their commissions , and declare them his enemies , and that their garrisons in bohemia shall be rendred to the emperor . the emperor answered the archduchess , that the archduke her husband in his life-time had exceedingly recommended the interposition of the king of great britain , and the great prudence of that king in not approving the actions of the palatine : which recommendation , as to a treaty and cessation of arms , he shall entertain , and consult thereupon with the deputies of the electors and princes of the empire . the english ambassador departed from vienna to the duke of bavaria , who had then entred the upper palatinate , and had published the emperors declaration against mansfeld and his adherents , and exhorted the states and princes there to execute the same ; and the rather , for that he had not heard of any king , elector , prince or state , no not so much as the king of great britain , that had approved the seditious revolt of the bohemians , except some few states and princes who for interest did countenance the same . the ambassador found the bavarian acting hostility and committing great spoils in the country , and resolving to reject all propositions of peace or cessation . nor could the emperor agree upon any truce without the duke of bavaria : first in respect of his agreement neither to make war or peace without the consent of the said duke ; which happened , because upon the former truce made with the archduke , the soldiers that were in the lower palatinate , and wanted employment , came up into the higher palatinate to count mansfeld , and much infested the duke of bavaria . secondly , in regard the duke of bavaria had a great part of austria in pledge for his satisfaction . thirdly , because the emperor was barred from all other passages but through bavaria , by bethlem gabor , jagerndorf , and budiani . and the duke , upon receipt of the emperors letter touching the truce , sent the lord digby a deriding answer ; that there was no need to labor for a truce , for the wars were at an end , in that he agreed with count mansfeld ; nor did he doubt of keeping both palatinates in peace , till the emperor and palsgrave were agreed . so the king received but a slender return of the lord digby's embassie to the emperor for the restoring of the elector palatine . but the emperors full meaning in the business may be found at large in his own letter to don baltazar de zuniga , a prime councellor of state in spain , to be by him represented to the king his master , to this effect . that beholding the admirable providence of god over him , he is bound to use that most notable victory to the honor of god , and the extirpation of all seditions and factions , which are nourished chiefly among the calvinists ; lest that iudgment which the prophet threatned the king of israel should fall upon him ; because thou hast dismissed a man worthy of death , thy soul shall be for his soul. the palatine keeps now in holland , not only exiled from the kingdom which he rashly attempted , but despoiled almost of all his own territories , expecting as it were the last cast of fortune : whom if by an impious kind of commiseration , and his subtile petitioning , he shall be perswaded to restore , and nourish in his bosom as a trodden half-living snake , what can he expect less then a deadly sting from him , who in regard of his guilt can never be faithful , but will alway gape for occasions to free himself from his fears , and the genius of whose sect will make him an enemy , or an unsound friend , to the house of austria , and all other catholick princes . wherefore firmly casting in his minde , that the palatine cannot be restored , he hath freely offered the electorate to the duke of bavaria , a most eager defender of the catholick cause ; by which means the empire will always remain in the hand of catholicks , and so by consequence in the house of austria : and in so doing he shall take away all hope from the palatine , and those that sollicite so importunately for his restitution ; and it is to be hoped that the lutheran princes , especially the duke of saxony , will not so far disallow this translation as to take up arms , seeing charls the fifth upon a far lighter cause deprived john frederick duke of saxony of the electorate , and conferred it on maurice this dukes great uncle : besides , no less is the lutherans hatred of the calvinists , then of the catholicks . such were the effects which the kings treating had wrought with the emperor . the parliament that was to meet november the fourteenth , the king by proclamation adjourned to the eighth of february , and expressed the cause to be the unseasonableness of the time of the year . but this long recess was shortned , and the king declared , that upon important reasons he had altered his former resolutions , and did adjourn it for no longer time then from the fourteenth to the twentieth of this instant november . upon which day it reassembled , and the king being absent by reason of his indisposition in health , commanded a message to be delivered to both houses , by the lord keeper , the lord digby , and the lord treasurer . in the first place he acquainted the two houses with his majesties indisposition of health , which was the occasion of his absence at the opening of the parliament , yet he could not say he was absent , so long as he was represented by a son , who was as dear to the kingdom as to his majesty . as to the occasion of calling the parliament by way of antecedent , he took notice of several effects of his majesties gracious care over the nation , since the last recess of the parliament in his majesties answering several petitions concerning trade , importation of bullion , conservation of coyn in the land , and prohibiting the transportation of iron ordinance ; and that his majesty by his proclamation reformed thirty six or thirty seven several matters complained of as publick grievances , all of them without the least trucking or merchandising with the people , a thing usual in former times . he further said , that his majesty did principally fix the occasion of the calling a parliament upon the declaration recorded , and divulged far and near by the representative communalty of this kingdom , to assist his majesty to carry on the war to recover the palatinate ; yet withal his lordship gave an account how his majesty was since the last parliament , encouraged to travel a little longer in his pious endeavors to procure a peace by way of treaty , and that the lord digby was sent ambassador upon that occasion , and since returned , but not with such success as was to be hoped for . he minded both houses of one heroical act of his majesties since the last parliament , in the advancement of forty thousand pounds to keep together a body of an army in the lower palatinate , which otherwise had been dissolved before this parliament could be assembled : and that unless the parliament take further resolution , and imitate rather ancient then modern principles , and be expeditious in what they do , the army in the palatinate will fall to the ground . and lastly , told them that his majesty did resolve that this parliament should continue till seven or eight days before the festivals , and to be renewed again the eighth of februa●● to continue for the enacting of laws and perioding of things of reformation , as long as the necessity of the state shall require the same . after the lord keeper had done , the lord digby ( having received a command from his majesty to that purpose ) gave a brief account of his negotiation with the archduke about the treaty of peace ; how the archduke consented thereunto , and writ accordingly to the emperor and the king of spain of his proceedings ; who also writ to spinola for a cessation of arms , the archduke having the command of the spanish forces in germany ; but the duke of bavaria would not consent thereunto ; and the lord digby informed the two houses , that by the carriage of the duke of bavaria , and by other circumstances , he did evidently discover , that from the beginning that duke affected to get unto himself the palatinate , and the title of elector . he further declared , that if count mansfield was not speedily supplied , he could not keep his army together . then he gave an account , how bravely sir horatio vere had behaved himself in the palatinate , and that by his wisdom and valor , there was kept from the enemy , heidelburg , mainheim , and frankendale ; the last of which places had then endured a moneths siege . he also spoke honorably of capt. burroughs , and concluded , that the fittest redress was to furnish and keep up the army already there ; which must be done by supplies of money , and more forces must be prepared against the next spring , that we may have there an army of our own for the strengthning of the palatinate , and encouragement of the princes of the union . then the lord treasurer spake , and acquainted both houses ; how empty the kings coffers were , and how he had assisted the palatine , and princes of the union , with great sums which had exhausted his treasure , and that his majesty was much in debt . nevertheless , though the king declared for war , he pursued peace , and resolved to close with spain , hoping to heal the breach by that alliance . the house of commons before they granted subsides , resolved to try the kings spirit by this petition and remonstrance , which laid open the distempers of those times , with their causes and cures . most gratious and dread soveraign , we your majesties most humble and loyal subjects , the knights , citizens , and burgesses , now assembled in parliament , who represent the commons of your realm , full of hearty sorrow , to be deprived of the comfort of your royal presence , the rather for that it proceeds from the want of your health ; wherein we all unfeignedly do suffer ; in all humble manner calling to minde your gracious answer to our former petition concerning religion , which notwithstanding your majesties pious and princely intentions , hath not produced that good effect , which the danger of these times doth séem to us to require : and finding how ill your majesties goodness hath béen requited by princes of different religion , who even in time of treaty have taken opportunity to advance their own ends , tending to the subversion of religion , and disadvantage of your affairs , and the estate of your children : by reason whereof , your ill affected . subjects at home , the popish recusants , have taken too much encouragement , and are dangerously increased in their number , and in 〈◊〉 insolencies . we cannot but be sensible thereof , and therefore humbly represent what we conceive to be the causes of so great and growing mischeifs , and what be the remedies . i. the uigilancy and ambition of the pope of rome , and his dearest son , the one aiming at as large a temporal monarchy , as the other at a spiritual supremacy . ii. the devillish positions and doctrines , whereon popery is built and taught with authority to their followers , for advancement of their temporal ends . iii. the distressed and miserable estate of the professors of true religion in foreign parts . iv. the disasterous accidents to your majesties children abroad , expressed with rejoycing , and even with contempt of their persons . v. the strange confederacy of the princes of th● popish religion , aiming mainly at the advancement of theirs , and subverting of ours , and taking the advantages conducing to that end upon all occasions . vi. the great and many 〈◊〉 raised , and maintained at the charge of the king of spain , the 〈◊〉 of that league . vii . the expectation of the popish recusants of the match with spain , and féeding themselves with great hopes of the consequences thereof . viii . the interposing of forein princes and their agents , in the behalf of popish recusants , for connivance and favor unto them . ix . their open and usual resort to the houses ; and which is worse , to the chappels of foreign ambassadors . x. their more then usual concourse to the city , and their frequent conventicles and conferences there . xi . the education of their children in many several seminaries and houses of their religion in forein parts , appropriated to the english fugitives . xii . the grants of their just forfeitures intended by your majesty as a reward of service to the grantees ; but beyond your majesties intention , transferred or compounded for , at such mean rates , as will amount to little less then a toleration . xiii . the licentious printing and dispersing of popish and seditious books , even in the time of parliament . xiv . the swarms of priests and iesuits , the common incendiaries of all christendom , dispersed in all parts of your kingdom . and from these causes as bitter roots , we humbly offer to your majesty , that we foresée and fear there will necessarily follow very dangerous effects , both to church and state. for , i. the popish religion is incompatible with ours , in respect of their positions . ii. it draweth with it an unavoidable dependency on forein princes . iii. it openeth too wide a gap for popularity , to any who shall draw too great a party . iv. it hath a restless spirit , and will strive by these gradations ; if it once get but a connivancy , it will press for a toleration ; if that should be obtained , they must have an equality ; from thence they will aspire to superiority , and will never rest till they get a subversion of the true religion . the remedies against these growing evils , which in all humility we offer unto your most excellent majesty , are these . i. that séeing this inevitable necessity is faln upon your majesty , which no wisdom or providence of a peaceable and pious king can 〈◊〉 , your majesty would not omit this just occasion , spéedily and e●●ectually to take your sword into your hand . ii. that once undertaken upon so honorable and just grounds , your majesty would resolve to pursue , and more publickly avow the aiding of those of our religion in forein parts , which doubtless would reunite the princes and states of the union , by these disasters disheartned and disbanded . iii. that your majesty would propose to your self to manage this war with the best advantage , by a diversion or otherwise , as in your déep judgment shall be found fittest , and not to rest upon a war in these parts onely , which will consume your treasure , and discourage your people . iv. that the bent of this 〈◊〉 and point of your s●●●d , may be against that prince ( whatsoever opinion of potency he hath ) whose armies and treasures have first diverted , and since maintained the war in the palatinate . v. that for securing of our peace at home , your , majesty will be pleased to review the parts of our petition formerly delivered unto your majesty , and hereunto annexed , and to put in execution by the care of choice commissioners to be thereunto especially appointed , the laws already , and hereafter to be made for preventing of dangers by popish recusants , and their wonted evasions . vi. that to frustrate their hopes for a future age , our most noble prince may be timely and happily married to one of our own religion . vii . that the children of the nobility and gentry of this kingdom , and of others ill-affected and suspected in their religion , now beyond the seas , may be forthwith called home by your means , and at the charge of their parents or governors . viii . that the children of popish recusants , or such whose wives are popish recusants , be brought up during their minority with protestant schoolmasters and teachers , who may sow in their tender years the séeds of true religion . ix . that your majesty will be pleased spéedily to revoke all former licences for such children and youth to travel beyond the seas , and not grant any such licence hereafter . x. that your majesties learned council may receive commandment from your highness , carefully to look into former grants of recusants lands , and to avoid them , if by law they can ; and that your majesty will stay your hand from passing any such grants hereafter . this is the sum and effect of our humble declaration , which we ( no ways intending to press upon your majesties undoubted and regal prerogative ) do with the fulness of our duty and obedience , humbly submit to your most princely consideration : the glory of god whose cause it is ; the zeal of our true religion , in which we have béen born , and wherein ( by gods grace ) we are resolved to die ; the safety of your majesties person , who is the very life of your people ; the happiness of your children and posterity ; the honor and good of the church and state dearer unto us then our own lives , having kindled these affections truly devoted to your majesty . and séeing out of our duty to your majesty we have already resolved to give at the end of this session , one intire subsidy , for the present relief of the palatinate onely , to be paid in the end of february next , which cannot well be effected but by passing a bill in a parl●●mentary course before christmas ; we most humbly beséech your majesty ( as our assured hope is ) that you will then also vouchsafe to give life by your royal assent to such bills as before that time shall be prepared for your majesties honor , and the general good of your people : and that such bills may be also accompanied ( as hath béen accustomed ) with your majesties gracious pardon , ( which procéeding from your own méer grace , may by your highness direction be drawn to that latitude , and extent , as may best sort with your majesties bounty and goodness . and that not onely felons and criminal offenders may take benefit thereof , but that your good subjects may receive ease thereby . and if it shall so stand with your good pleasure , that it may extend to the relief of the old debts and duties to the crown before the first year of your majesties reign , to the discharge of alienations without licence , and misusing of liveries , and oustre le maine before the first summons of this parliament , and of concealed wardships , and not suing of liveries , and oustre le maines before the twelfth year of your majesties reign . which gratious favor would much comfort your good subjects , and ease them from vexation , with little loss or prejudice to your own profit . and we by our daily and devout prayers to the almighty , the great king of kings , shall contend for a blessing upon our endeavors ; and for your majesties long and happy reign over us ; and for your childrens children after you for many and many generations . the house had sufficient cause to set forth the danger of true religion , and the miseries of the professors thereof in foreign parts ; when besides the great wound made in germany , and the cruelties of the prevailing house of austria , the protestants in france were almost ruined by lewis the thirteenth , being besieged at once in several places , as in montauban by the king , and in rochel by count soysons , and the duke of guise : and for their relief , the king of england prevailed nothing by sending of sir edward herbert , since baron of cherbury , and after him the viscount doncaster , ambassador for mediation . the king having intelligence of the former remonstrance , wrote his letter to the speaker . to our trusty and welbeloved sir thomas richardson knight , speaker of the house of commons . mr : speaker , we have heard by divers reports , to our great grief , that our distance from the houses of parliament , caused by our indisposition of health , hath imboldned the fiery and popular spirits of some of the house of commons , to argue and debate publickly of the matters far above their reach and capacity , tending to our high dishonor , and breach of prerogative royal. these are therefore to command you to make known in our name unto the house , that none therein shall presume henceforth to meddle with any thing concerning our government , or deep matters of state , and namely not to deal with our dearest sons match with the daughter of spain , nor to touch the honor of that king , or any other our friends and confederates : and also not to meddle with any mans particulars , which have their due motion in our ordinary courts of iustice. and whereas we hear they have sent a message to sir edwin sandis , to know the reasons of his late restraint , you shall in our name resolve them , that it was not for any misdemeanor of his in parliament ; but to put them out of doubt of any question of that nature that may arise among them hereafter , you shall resolve them in our name , that we think our self very free and able to punish any mans misdemeanors in parliament , as well during their sitting as after : which we mean not to spare hereafter , upon any occasion of any mans insolent behavior there that shall be ministred unto us : and if they have already touched any of these points , which we have forbidden , in any petition of theirs which is to be sent unto us , it is our pleasure that you shall tell them , that except they reform it before it come to our hands , we will not deign the hearing nor answering of it . dated at new-market , dec. . hereupon they drew up another petition , which they sent accompanied with the former remonstrance . most dread and gratious soveraign , we your most humble and loyal subjects , the knights , citizens , and burgesses , assembled in the commons house of parliament , full of grief , and unspeakable sorrow , through the true sence of your majesties displeasure , expressed by your letter lately sent to our speaker , and by him related and read unto us : yet comforted again with the assurance of your grace and goodness , and of the sincerity of our own intentions and procéedings , whereon with confidence we can relie , in all humbleness beséech your most excellent majesty , that the loyalty and dutifulness of as faithful and loving subjects as ever served , or lived under a gratious soveraign , may not undeservedly suffer by the mis-information of partial and uncertain reports , which are ever unfaithful intelligencers : but that your majesty would in the clearness of your own iudgment , first vouchsafe to understand from our selves , and not from others , what our humble declaration and petition ( resolved upon by the universal voice of the house , and proposed with your gratious favor to be presented unto your sacred majesty ) doth contain . upon what occasion we entred into consideration of those things which are therein contained , with what dutiful respect to your majesty , and your service , we did consider thereof , and what was our true intention thereby . and that when your majesty shall thereby truly discern our dutiful affections , you will in your royal iudgment frée us from those heavy charges wherewith some of our members are burthened , and wherein the whole house is involved . and we humbly beséech your majesty , that you will not hereafter give credit to private reports , against all or any of the members of our house , whom the whole have not censured , until your majesty have béen truly informed thereof from our selves : and that in the mean time , and ever , we may stand upright in your majesties grace and good opinion , than which , no worldly consideration is , or can be dearer unto us . when your majesty had reassembled us in parliament by your royal commandment , sooner then we expected , and did vouchsafe by the mouths of thrée honorable lords , to impart unto us the weighty occasions moving your majesty thereunto ; and from them we did understand these particulars . that notwithstanding your princely and pious endeavors to procure peace , the time is now come that janus temple must be opened . that the voice of bellona must be heard , and not the voice of the turtle . that there was no hope of peace , nor any truce to be obtained , no not for a few days . that your majesty must either abandon your own children , or engage your self in a war , wherein consideration is to be had , what foot , what horse , what money will be sufficient . that the lower palatinate was seised upon by the army of the king of spain , as executor of the ban there in quality of duke of burgundy , as the upper palatinate was by the duke of bavaria . that the king of spain at his own charge , had now at least five armies on foot . that the princes of the union were disbanded , but the catholick league remained firm , whereby those princes so dissevered , were in danger one by one to be ruined . that the estate of those of the religion in foreign parts was miserable ; and , that out of these considerations we were called to a war , and forthwith to advise for a supply for kéeping the forces in the palatinate from disbanding , and to foresee the means for raising and maintaining the body of an army for the war against the spring . we therefore out of our zeal to your maiesty and your posterity , with more alacrity and celerity than ever was presidented in parliament , did address our selves to the service commended unto us . and although we cannot conceive , that the honor and safety of your maiesty and your posterity , the patrimony of your children invaded , and possessed by their enemies , the welfare of religion , and state of your kingdom , are matters at any time unfit for our déepest consideration in time of parliament ; and though before this time we were in some of these points silent , yet being now invited thereunto , and led on by so iust an occasion , we thought it our duties to provide for the present supply thereof , and not onely to turn our eyes on a war abroad , but to take care for the securing of our peace at home , which the dangerous increase and insolency of popish recusants apparently , visibly , and sensibly , did lead us unto . the consideration whereof did necessarily draw us truly to represent unto your maiesty , what we conceive to be the causes , what we feared would be the effects , and what we hoped might be the remedies of these growing evils ; among which , as incident and unavoidable , we fell upon some things which séem to touch upon the king of spain , as they have relation to popish recusants at home , to the wars by him maintained in the palatinate against your maiesties children , and to his several armies now on foot , yet as we conceived without touch of dishonor to that king , or any other prince your maiesties confederate . in the discourse whereof , we did not assume to our selves any power to determine of any part thereof , nor intend to incroach or intrude upon the sacred bounds of your royal authority , to whom , and to whom onely , we acknowledge it doth belong to resolve of peace , and war , and of the marriage of the most noble prince your son : but as your most loyal and humble subjects and servants , representing the whole commons of your kingdom ( who have a large interest in the happy and prosperous estate of your majesty , and your royal posterity , and of the flourishing estate of our church and commonwealth ) did resolve out of our cares and fears , truly and plainly to demonstrate these things to your majesty , which we were not assured could otherwise come so fully and clearly to your knowledge ; and that being done , to lay the same down at your majesties féet , without expectation of any other answer of your majesty touching these higher points , then what at your good pleasure , and in your own time should be held fit . this being the effect of that we had formerly resolved upon , and these the occasions and reasons inducing the same , our humble suit to your majesty and confidence is , that your majesty will be gratiously pleased to receive at the hands of these our messengers , our former humble declaration and petition , and vouchsafe to read and favorably to interpret the same ; and that to so much thereof as containeth our humble petition concerning iesuits , priests , and popish recusants , the passage of bills , and granting your royal pardon , you will vouchsafe an answer unto us . and whereas your majesty by the general words of your letter , séemeth to restrain us from intermedling with matters of government , or particulars which have their motion in the courts of iustice , the generality of which words in the largeness of the extent thereof , ( as we hope beyond your majesties intention ) might involve those things which are the proper subjects of parliamentary occasions and discourse . and whereas your majesty doth séem to abridge us of the antient liberty of parliament for fréedom of spéech , iurisdiction , and iust censure of the house , and other procéedings there ( wherein we trust in god we shall never transgress the bounds of loyal and dutiful subjects ) a liberty which we assure our selves , so wise and so iust a king will not infringe , the same being our antient and undoubted right , and an inheritance received from our ancestors ; without which we cannot fréely debate , nor clearly discern of things in question before us , nor truly inform your majesty : in which we have béen confirmed by your maiesties most gratious former spéeches and messages . we are therefore now again inforced in all humbleness to pray your maiesty to allow the same , and thereby to take away the doubts and scruples your maiesties late letter to our speaker hath wrought upon us . so shall we your loyal and loving subiects ever acknowledge your maiesties iustice , grace , and goodness , and be ready to perform that service to your maiesty , which in the true affection of our hearts we profess , and pour out our daily and devout prayers to the almighty for your maiesties long life , happy and religious reign , and prosperous estate , and for your royal posterity after you for ever . the king having rejected the first petition , gave to the later this answer following . we must here begin in the same fashion that we would have done , if the first petition had come to our hands before we had made a stay thereof , which is to repeat the first words of the late queen of famous memory , used by her , in answer to an insolent proposition made by a polonian ambassador unto her ; that is , legatum expectabamus , heraldum accipimus . for we had great reason to expect that the first message from your house should have been a message of thanksgiving for our continued gratious behavior towards our people , since your last recess ; not onely by our proclamation of grace , wherein were contained six or seven and thirty articles , all of several points of grace to the people ; but also by the labor we took for the satisfaction of both houses in those three articles recommended unto us in both their names , by the right reverend father in god , the archbishop of canterbury , and likewise for the good government of ireland , we are now in hand with , at your request ; but not onely have we heard no news of all this , but contrary , great complaints of the danger of religion within this kingdom , tacitely implying our ill government in this point . and we leave you to judge , whether it be your duties that are the representative body of our people , so to distaste them with our government ; whereas by the contrary it is your duty , with all your endeavors , to kindle more and more a dutiful and thankful love in the peoples hearts towards us , for our just and gratious government . now whereas in the very beginning of this your apology you tax us in fair terms of trusting uncertain reports , and partial informations concerning your proceedings , we wish you to remember that we are an old and experienced king , needing no such lessons , being in our conscience freest of any king alive from hearing or trusting idle reports , which so many of your house as are nearest us , can bear witness unto you , if you would give as good ear to them , as you do to some tribunitial orators among you : and for proof in this particular , we have made your own messengers confer your other petitions sent by you , with the copy thereof , which was sent us before : between which , there is no difference at all ; but that since our receiving the first copy , you added a conclusion unto it , which could not come to our hands , till it was done by you , and your messengers sent , which was all at one time . and if we had had no copy of it before-hand , we must have received your first petition to our great dishonor , before we had known what it contained , which would have enforced us to return you a far worse answer , then now we do ; for then your messengers had returned with nothing , but that we have judged your petition unlawful , and unworthy of an answer : for as to your conclusion thereof , it is nothing but protestatio contraria facto ; for in the body of your petition , you usurpe upon our prerogative royal , and meddle with things far above your reach , and then in the conclusion you protest the contrary ; as if a robber would take a mans purse , and then protest he meant not to rob him . for first you presume to give us your advice concerning the match of our dearest son with some pro●●stant ( we cannot say princess , for we know none of these fit for h●m ) and disswade us from his match with spain , urging us to a presen● war with that king ; and yet in the conclusion , forsooth , ye protest ye intend not to press upon our most undoubted and regal prerogative ; as if the petitioning of us in matters that your selves confess ye ought not to meddle with , were not a meddling with them . and whereas ye pretend , that ye were invited to this course by the speeches of three honorable lords ; yet by so much as your selves repeat of the speeches , nothing can be concluded , but that we were resolved by war to regain the palatinate , if otherwise we could not attain unto it . and you were invited to advise forthwith upon a supply for keeping the forces in the palatinate from disbanding , and to foresee the means for the raising , and maintenance of the body of an army for that war against the spring . now what inference can be made upon this , that therefore we must presently denounce war against the king of spain , break our dearest sons match , and match him to one of our religion , let the world judge : the difference is no greater , than if we would tell a merchant that we had great need to borrow money from him for raising an army ; that thereupon it should follow that we were bound to follow his advice in the direction of the war , and all things depending thereupon : but yet not contenting your selves with this excuse of yours , which indeed cannot hold water , ye come after to a direct contradiction to the conclusion of your former petition , saying , that the honor and safety of us and our posterity , and the patrimony of our children invaded and possessed by their enemies , the welfare of religion , and state of our kingdom , are matters at any time not unfit for your deepest considerations in parliament . to this generality , we answer with the logicians , that where all things are contained , nothing is omitted . so as this plenipotency of yours , invests you in all power upon earth , lacking nothing but the popes to have the keys also both of heaven and purgatory : and to this vast generality of yours , we can give no other answer ; for it will trouble all the best lawyers in the house to make a good commentary upon it : for so did the puritan ministers in scotland bring all kinde of causes within the compass of their jurisdiction , saying , that it was the churches office to judge of slander ; and there could no kinde of crime or fault be committed , but there was a slander in it , either against god , the king , or their neighbor , and by this means they hooked into themselves the cognisance of all causes : or like bellarmines distinction of the popes power over kings , in ordine ad spiritualia , whereby he gives them all temporal jurisdiction over them . but to give you a direct answer to the matter of war , for which you are so earnest . we confess we rather expected you should have given us thanks for the so long maintaining a setled peace in all our dominions , when as all our neighbors about are in miserable combustion of war ; but dulce bellum inexpertis . and we indeed finde by experience , that a number of our subjects are so pampered with peace , as they are desirous of change , though they knew not what . it is true , that we have ever professed ( and in that minde with gods grace we will live and die ) that we will labor by all means possible , either by treaty or by force , to restore our children to their ancient dignity and inheritance : and whatsoever christian princes or potentates will set themselves against it , we will not spare any lawful means to bring our so just and honorable purpose to a good end ; neither shall the match of our son , or ●ny other worldly respect be preferred to this our resolution . for by our credit and intervention with the king of spain , and the arch-dutches , and her husband now with god , we preserved the lower palatinate one whole year from any further conquering in it , which in eight days space , in that time might have easily been swallowed up by spinola's army without any resistance . and in no better case was it now at our ambassador the lord digbies coming through heidelburgh , if he had not extraordinarily succored it . but because we conceive that ye couple this war of the palatinate with the cause of religion , we must a little unfold your eyes herein . the beginning of this miserable war , which hath set all christendom on fire , was not for religion , but only caused by our son-in-law his hasty and harsh resolution , following evil counsel , to take to himself the crown of bohemia . and that this is true , himself wrote letters unto us at that time , desiring to give assurance both to the french king and state of venice , that his accepting of the crown of bohemia had no reference to the cause of religion , but only by reason of his right of election ( as he called it . ) and we would be sorry that that aspersion should come upon our religion , as to make it a good pretext for dethroning of kings , and usurping their crowns ; and we would be loth that our people here should be taught that strange doctrine : no , let us not so far wrong the ●esuites , as to rob them of their sweet positions and practice in that very point . and upon the other part , we assure our self so far of your charitable thoughts of us , that we would never have constantly denied our son in law both the title and assistance in that point , if we had been well perswaded of the justice of his quarrel . but to conclude ; this unjust usurpation of the crowns of bohemia and hungaria from the emperor , hath given the pope and all that party too fair a ground , and opened them too wide a gate for curbing and oppressing of many thousands of our religion in divers parts of christendom . and whereas you excuse your touching upon the king of spain , upon occasion of the incidents by you repeated in that place , and yet affirm that it is without any touch to his honor ; we cannot wonder enough that ye are so forgetful both of your words and writs : for in your former petition ye plainly affirm , that he affects the temporal monarchy of the whole earth ; then which there can be no more malice uttered against any great king , to make all other princes and potentates both envy and hate him : but if ye list , it may easily be tryed whether that speech touched him in honor , or not , if ye shall ask him the question whether he means to assume to himself that title , or no : for every king can best judge of his own honor . we omit the particular ejaculations of some foul-mouthed orators in your house , against the honor of that kings crown and state. and touching your excuse of not determining any thing concerning the match of our dearest son , but only to tell your opinion , and lay it down at our feet : first we desire to know how you could have presumed to determine in that point , without committing of high treason ? and next you cannot deny but your talking of his his match after that manner , was a direct breach of our commandment and declaration out of our own mouth at the first sitting down of this parliament , where we plainly professed that we were in treaty of this match with spain ; and wished you to have that confidence in our religion and wisdom , that we would so manage it , as our religion should receive no prejudice by it : and the same we now repeat unto you , professing that we are so far engaged in that match , as we cannot in honor go back , except the king of spain perform not such things as we expect at his hands . and therefore we are sorry that ye should shew to have so great distrust in us , as to conceive that we should be cold in our religion ; otherwise we cannot imagine how our former publique declaration should not have stopt your mouths in this point . and as to your request , that we would now receive your former petition ; we wonder what could make you presume that we would receive it , whereas in our former letter we plainly declared the contrary unto you . and therefore we have justly rejected that suit of yours : for what have you left unattempted in the highest points of soveraignty , in that petition of yours , except the striking of coin ? for it contains the violation of leagues , the particular way how to govern a war , and the marriage of our dearest son , both negative with spain , nay with any other popish princess , and also affirmatively as to the matching with one of our religion ; which we confess is a strain beyond any providence or wisdom god hath given us , as things now stand . these are unfit things to be handled in parliament , except your king should require it of you : for who can have wisdom to judge of things of that nature , but such as are daily acquainted with the particulars of treaties , and of the variable and fixed connexion of affairs of state , together with the knowledge of the secret ways , ends and intentions of princes in their several negotiations ? otherwise a small mistaking of matters of this nature , may produce more effects then can be imagined : and therefore ne sutor ultra crepidam . and besides , the intermedling in parliament with matters of peace or war , and marriage of our dearest son , would be such a diminution to us and to our crown in foreign countries , as would make any prince neglect to treat with us either in matters of peace or marriage , except they might be assured by the assent of parliament . and so it proved long ago with a king of france , who upon a trick procuring his states to dissent from some treaty which before he had made , was after refused treating with any other princes to his great reproach , unless he would first procure the assent of his estates to their proposition . and will you cast your eyes upon the late times , you shall find that the late queen of famous memory was humbly petitioned by a parliament to be pleased to marry : but her answer was , that she liked their petition well , because it was simple , not limiting her to place or person , as not befitting her liking to their fancies ; and if they had done otherwise , she would have thought it a high presumption in them . judge then what we may do in such a case , having made our publique declaration already ( as we said before ) directly contrary to that which you have now petitioned . now to the points in your petition whereof you desire an answer , as properly belonging to the parliament ; the first and the greatest point is , that of religion : concerning which at this time we can give you no other answer then in the general ; which is , that you may rest secure that we will never be weary to do all we can for the propagation of our religion , and repressing of popery : but the manner and form you must remit to our care and providence , who can best consider of times and seasons , not by undertaking a publique war of religion through all the world at once , ( which how hard and dangerous a task it may prove , you may judge . ) but this puts us in mind , how all the world complained the last year of plenty of corn ; and god sent us a cooling-card this year for that heat : and so we pray god , that this desire among you of kindling wars ( shewing your weariness of peace and plenty ) may not make god permit us to fall into the miseries of both . but as we already said , our care of religion must be such , as on the one part we must not by the hot persecution of our recusants at home irritate foreign princes of contrary religion , and teach them the way to plague the protestants in their dominions , with whom we daily intercede , and at this time principally , for ease to them of our profession that live under them ; yet upon the other part , we never mean to spare from due and severe punishment any papist that will grow insolent for living under our so mild government . and you may also be assured , we will leave no care untaken , as well for the good education of the youth at home , especially the children of papists , as also for preserving at all times hereafter the youth that are or shall be abroad , from being bred in dangerous places , and so poisoned in popish seminaries . and as in this point , namely the good education of popish youth at home , we have already given some good proofs both in this kingdom and in ireland , so will we be well pleased to pass any good laws that shall be made either now , or at any time hereafter to this purpose . and as to your request of making this a session , and granting a general pardon ; it shall be in your defaults , if we make nor this a session before christmas . but for the pardon , ye crave such particulars in it , as we must be well advised upon , lest otherwise we give you back the double or treble of that we are to receive by your entire subsidy , without fifteens . but the ordinary course we hold fittest to be used still in this case is , that we should of our free grace send you down a pardon from the higher house , containing such points as we shall think fittest , wherein we hope ye shall receive good satisfaction . but we cannot omit to shew you how strange we think it , that ye should make so bad and unjust a commentary upon some words of our former letter , as if we meant to restrain you thereby of your antient priviledges and liberties in parliament . truly , a scholar would be asham'd so to misplace and misjudge any sentences in another mans book . for whereas , in the end of our former letter , we discharge you to meddle with matters of government , and mysteries of state , namely matters of war or peace , or our dearest son's match with spain ; by which particular denominations we interpret and restrain our former words ; and then after we forbid you to meddle with such things as have their ordinary course in courts of justice : ye couple together those two distinct sentences , and plainly leave out these words , of mysteries of state ; so as ye erre à bene divisis ad male conjuncta : for of the former part concerning mysteries of state , we plainly restrain our meaning to the particulars that were after mentioned ; and in the latter , we confess we meant it by sir edward cook 's foolish business . and therefore it had well became him , especially being our servant , and one of our council , to have complained unto us , which he never did , though he was ordinarily at court since , and never had access refused unto him . and although we cannot allow of the stile , calling it your antient and undoubted right and inheritance ; but could rather have wished that ye had said , that your priviledges were derived from the grace and permission of our ancestors and us , ( for most of them grow from precedents , which shews rather a toleration then inheritance : ) yet we are pleased to give you our royal assurance , that as long as you contain your selves within the limits of your duty , we will be as careful to maintain and preserve your lawful liberties and priviledges , as ever any of our predecessors were , nay as to preserve our own royal prerogative . so as your house shall only have need to beware to trench upon the prerogative of the crown ; which would enforce us , or any just king , to retrench them of their priviledges , that would pare his prerogative , and flowers of the crown : but of this we hope there shall be never cause given . dated at newmarket the eleventh day of december , . the lord keeper williams advised , that the harshness of this answer should be mitigated with a letter from his majesty to the houses . for ( said he ) his majesty rightly inferrs , that their priviledges which they claim to be their natural birthrights , are but the favors of former kings : now the kings assertion and their claim may easily be reconciled , if men were peaceably disposed , and affected the dispatch of common business . these priviledges were originally the favor of princes ; neither doth his majesty go about to impair or diminish them . therefore if his majesty would be pleased to qualifie the passage with some mild and noble expression , and require them strictly to prepare things for a session , and to leave those needless disputes , he shall make it appear to all wise and just men , that those persons are opposite to those common ends , whereof they vaunt themselves the onely patrons . will the king be pleased to add in this letter , that if they will not prepare bills for a session , he will break up the parliament without any longer prorogation , acquainting the kingdom with their undutifulness and obstinacie , and supply the present wants by some other means : or else will he adjourn the present assembly to the appointed eight of february . this latter course is fitter for further advice ; but the former , to express a just indignation . the lord digby minded the peers , that this session was called for the present support of the palatinate , as was declared by the message from his majesty to both houses in the beginning thereof . he reported also , that he had received many great advertisements of that countries present distress and danger , by the duke of bavaria ; and that the army of mansfeld who came in for defence , if he be not speedily supplied with monies , is in a possibility of deserting the service : for he hath fair offers of making his peace ; but nothing will take with him , being in hopes of relief from england . but the parliament thought it their duty as well to advise his majesty , as to supply his wants . december . the prince delivered to the clerk the commission for an adjournment to the eight of february : which discontented the commons and good people of england , foreseeing a dissolution by gondomar's means . before the adjournment , in vindication of their parliamentary rights and priviledges , the commons made and entred this protestation following . the commons now assembled in parliament , being justly occasioned thereunto concerning sundry liberties , franchises and priviledges of parliament amongst others here mentioned , do make this protestation following . that the liberties , franchises , priviledges and iurisdictions of parliament , are the antient and undoubted birth-right and inheritance of the subjects of england ; and that the arduous and urgent affairs concerning the king , state , and defence of the realm , and of the church of england , and the maintenance and making of laws , and redress of mischiefs and grievances which daily happen within this realm , are proper subjects and matter of councel and debate in parliament ; and that in the handling and procéeding of those businesses , every member of the house of parliament hath , and of right ought to have freedom of spéech , to propound , treat , reason and bring to conclusion the same ; and that the commons in parliament have like liberty and fréedom to treat of these matters in such order as in their judgments shall seem fittest ; and that every member of the said house hath like freedom from all impeachment , imprisonment and molestation ( other then by censure of the house it self ) for or concerning any speaking , reasoning , or declaring of any matter or matters touching the parliament , or parliament-business ; and that if any of the said members be complained of and questioned for any thing done or said in parliament , the same is to be shewed to the king by the advice and assent of all the commons assembled in parliament , before the king gave credence to any private information . but how the king was moved by the protestation of the house of commons , will appear by this memorial . whitehall , decemb. . . his most excellent majesty coming this day to the council , the prince his highness , and all the lords and others of his majesties privy council sitting about him , and all the iudges then in london , which were six in number , there attending upon his majesty ; the clerk of the commons house of parliament was called for , and commanded to produce his iournal-book , wherein was noted , and entries made of most passages that were in the commons house of parliament ; and amongst other things there was written down the form of a protestation concerning sundry liberties , priviledges , and franchises of parliament ; with which form of protestation his majesty was justly offended . nevertheless his majesty in a most gracious manner there expressed , that he never meant to deny that house of commons any lawful priviledges that ever they had enjoyed ; but whatsoever priviledges or liberties they had by any law or statute , the same should be inviolably preserved unto them ; and whatsoever priviledges they enjoyed by custom , or uncontrolled and lawful president , his majesty would be careful to preserve . but this protestation of the commons house so contrived and carried as it was , his majesty thought fit to be razed out of all memorials , and utterly to be annihilated , both in respect of the manner by which it was gained , and the matter therein contained . for the manner of getting it , first in respect of the time : for after such time as his majesty out of his princely grace , and to take away all mistakings , had directed his letters to secretary calvert dated at royston decembris , and therein had so explained himself in the point of maintaining the priviledges of the house of commons , as that most of the said house rested fully satisfied , and freed from any scruple of having their liberties impeached ; and after that by his majesties letters directed to the speaker dated december , being tuesday , his majesty at the humble suit of the house of commons , condescended to make this méeting a session before christmas , and for that purpose had assigned saturday following . now upon this very tuesday , and while the messengers from the house of commons were with his majesty at theobalds to return thanks unto his majesty , and therewith an excuse from them not to make it a session in respect of the strait of time whereunto they were driven ; which deferment his majesty admitted of at their desires , and thereupon gave order for the adjournment of the parliament until the eight of february next , which was the first day formerly appointed by his majesty for the méeting together of the parliament : and whilst their messengers were with his majesty , and had received a gracious answer to return unto their house ; even that afternoon , a committee was procured to be made for taking their liberties into consideration : and this afternoon a protestation was made ( to whom appears not ) concerning their liberties ; and at six a clock at night , by candle-light , the same protestation was brought into the house by the committee , and at that time of night it was called upon to be put to the question , there not being the third part of the house then present ; whereas in all matters of weight , their usual custom is to put nothing of importance to the question , till the house be full ; and at this time many of them that were present expected the question would have been deferred to another day , and a fuller house , and some then present stood up to have spoken to it , but could not be seen nor heard in that darkness and confusion . now for the matter of the protestation , it is penned in such ambiguous and general words , as may serve for future times to invade most of rights and prerogatives annexed to the imperial crown ; the claim of some priviledges being grounded upon the words of the writ for assembling the parliament , wherein some words , viz. arduis regni , are cunningly mentioned ; but the word quibusdam , which restraineth the generality to such particular cases as his majesty pleaseth to consult with them upon , is purposely omitted . these things considered , his majesty did this present day in full assembly of his council , and in the presence of the iudges , declare the said protestation to be invalid , annulled , void and of no effect : and did further manu sua propria take the said protestation out of the iournal-book of the clerk of the commons house of parliament , and commanded an act of council to be made thereupon , and this act to be entred in the register of council-causes . on the sixth of ianuary the king by proclamation dissolved the parliament ; shewing that the assembling , continuing , and dissolving of parliaments doth so peculiarly belong unto him , that he needs not give an accompt thereof unto any : yet he thought fit to declare , that in this dissolution he had the advice and uniform consent of his whole council . and that some particular members of the house of commons took inordinate liberty not only to treat of his high prerogatives , and sundry things not fitting to be argued in parliament , but also to speak with less respect to foreign princes : that they spent the time in disputing priviledges , descanting upon the words and syllables of his letters and messages : and that these evil-tempered spirits sowed tares among the corn , and by their cunning devices have imposed upon him a necessity of discontinuing this present parliament , without putting unto it the name or period of a session . and lastly he declared , that though the parliament be broken off , yet he intended to govern well , and shall be glad to lay hold on the first occasion to call a parliament again at convenient time . the king was highly displeased with some of the commons house , whom he called ill-tempered spirits . sir edward cook , sir robert philips were committed to the tower ; mr. selden , mr. pym , mr. mallery to other prisons and confinements . order was given for the sealing up the locks and doors of sir edward cooks chambers in london and in the temple , for the seising of his papers ; and the council debating about the general pardon that should have passed this last parliament , had consulted about the ways of excluding him from that benefit , either by preferring a bill against him before the publication of the pardon , or by exempting him by name , whereof they said they had presidents . likewise sir dudley diggs , sir tho. crew , sir nathaniel rich , and sir iames perrot for punishment were sent into ireland , joined in commission with others under the great seal of england , for the enquiry of sundry matters concerning his majesties service , as well in the government ecclesiastical and civil , as in point of his revenue and otherwise , within that kingdom . proclamations had formerly issued out against the peoples too liberal speaking of matters above their reach : which at this time occasioned letters from the council to the judges of the next assises , taking notice of licentious and undutiful speeches touching state and government , notwithstanding several proclamations prohibiting the same , which the king was resolved no longer to let pass without severest punishment ; and thereupon required the judges to give this in charge in their several circuits , and to do exemplary justice where they find any such offenders . the king still walked in his beaten path of sollicitations and treaties , after the constant bad success of his former mediations : for at the very time when he treated of peace , his son in law was despoiled of his hereditary patrimony by the emperors commandment ; who after the suspension of the ban or proscription , commanded the taking up of arms again in the lower palatinate , the upper palatinate being already subdued . which misery king iames acknowledged to be the fruit of his own patience , delays , and doubtfulness . nevertheless he ceaseth not to pursue the favor of an implacable enemy : he wrote to the emperor ferdinand , declaring his earnest endeavors to appease the bohemian war , and his ardent zeal for peace from the beginning ; and expressed the terms which he had prescribed to his son in law : as , that he shall for himself and his son renounce all pretence of right and claim to the crown of bohemia ; that he shall from henceforth yield all constant due devotion to the imperial majesty , as do other obedient princes electors of the empire ; that he shall crave pardon of the imperial majesty ; that he shall not hereafter any manner of way demean himself unfittingly toward the imperial majesty , nor disturb his kingdoms and countries ; and that he shall upon reasonable conditions reconcile himself to other princes and states of the empire , and hold all good correspondence with them ; and he shall really do whatsoever like things shall be judged reasonable and necessary . king iames requested of the emperor the acceptance of these conditions as a notable testimony of his imperial majesties ▪ goodness and grace , which he said should be by himself acknowledged in all willing service and unfeigned friendship to the emperor himself , and the most renowned house of austria . but if these his just demands and well-willed presentations shall not find acceptance , or be slightly waved by some new tergiversation , or a pretence of that long and tedious way of consultation with the princes of the empire , he is resolved to try his utmost power for his childrens relief , judging it a foul stain to his honor , if he shall leave them and their partizans without counsel , aid and protection . the emperor replied and confessed , that in this exulcerate business , so much moderation and respect of justice and equity hath shined forth in the king of great britain , that there is not any thing that he should refuse to render thereunto , reserving his cesarean authority , and the laws of the empire : yet that person whom it most concerns , hath given no occasion by the least sign of repentance to a condescension to this treaty of pacification : for he is still so obstinate , as by continual machinations by iagerndorf and mansfeld , and other cruel disturbers of the publique peace , to call up hell rather then to acquiesce in better counsels , and desist from the usurped title of a kingdom . howbeit , in favor of the king of great britain he shall consent to a treaty to be held at bruxels , wherein he would devolve his power upon the illustrious elizabetha clara eugenia infanta of spain . the appointment of the treaty at bruxels was accepted by king iames , whither he sent his ambassador sir richard weston chancellor of the exchequer . in the mean while misfortune and misery over-ran the palatinate : the enemy having prevailed in several grand encounters , proceeded to subdue the country , without regard to the treaty of peace at bruxels . which was more easily effected , the commotions in hungaria , bohemia , silesia , moravia being now ended in a treaty of peace between the emperor and bethleem gabor , the emperor having made use of the palsgrave's submission , and resignation of the crown of bohemia , to accelerate this treaty . about this time philip the third , king of spain , departed this life ; and the lord digby was sent extraordinary ambassador into spain , as well to condole his death , as ●o advance the match , and by all means possible to bring it to a final conclusion . to which end he was accompanied with letters from his majesty , and the prince , to that king , as also a private letter to don baltazar de zuniga . most serene and potent prince , kinsman , and dearly beloved friend , when we heard of the death of your majesties father , philip the third , with whom we had great amity , and by our amity , managed very important matters , which he being dead , could not but of necessity be interrupted : it was no less grief to us , then if he had been our own natural and most intimate brother : which grief we have certified both to your majesty by our letters , as was fitting , and intimated to our people in a solemn and due manner . and thus far we have satisfied our selves ; but in the next place we must also give custom its due . for which end we send unto your majesty our publick ambassador and messenger of this our grief , the baron john digby , our counsellor and vice-chamberlain , adjoyning unto the rest of his instructions , this our wish , that your serenity may rule your fathers kingdoms , which you have received under a most prosperous star , with his and your ancestors prudence , and that we may really finde that love , which alway passed between your father of most happy memory and us , propagated with the same candor unto you his successor , the which we also hope , given at our pallace of theobalds , mar. . . your majesties most loving brother i. r. jacobus , &c. serenissimo & potentissimo principi ac domino philippo quarto , &c. serenissime & potentissime p. frater , consanguinee & amice charissime : quum aliquot abhinc annis ( pro affinitate nostra arctiori , totiusque orbis christiani bono ) deliberatio suscepta fuerit de matrimonio inter charissimum silium nostrum carolum p. walliae & illustrissimam infantem dominam mariam ( serenitatis vestrae sororem natu minorem ) contrahendo ; quod superstite adhuc r. philippo tertio , ( felicissimae memoriae ) patre vestro , eo per gradus devectum erat , ut ille si non expirasset , hoc multo antehac consummatum iri spes esset , nunc denuo , serenitatem vestram interpellandam duximus , jam tandem ut velit operi bene inchoato fastigium imponere ; & expectato deliberationes praeteritas exitu coronare . matura jam filii aetas , filii unici , rerumque & temporum ratio conjugem videntur efflagitare ; nobisque in senectutis limine constitutis felicissimus illuceret dies , quo cernere liceret posterorum etiam amicitiam optato hoc affinitatis foedere constrictam . misimus itaque ad serenitatem vestram legatum nostrum extraordinarium , praenobilem virum iohannem digbeum , baronem de sherbone , consiliar●um & vice-camerarium nostrum , jam olim de hac affinitate & domus austriacae honore bene meritum , cui una cum legato nostro ordinario quicquid reliquum est hujus negotii , tractandum , transigendum , absolvendumque commisimus . quicquid illis illic videbitur , ratum hic habituri . utinam etiam vestre serenitatis bonitate levaretur aliquando altera illa nostra de palatinatu sollicitudo , de ●ilia & genero & insontibus eorum liberis ex avito jam extorribus patrimonio . quam vellemus vestiae potissimum serenitati beneficium hoc in solidum debere , cujus tot modo experti sumus ea in re amicissima officia ! non nos unquam capiet tantae benevolentiae oblivio , posterisque haereditarium studebimus relinquere amorem illum , quo vestram serenitatem & memoriae optimae patrem semper sumus amplexi , semper amplexuri . unum hoc superest ut si quid aliud in re quacunque proposuerit legatus hic noster , eam ei fidem adhibere , ac si nos praesentes essemus , dignetur serenitas vestra : quam deus optimus maximus perpetuo incolumem conservet . serenitatis vestrae frater amantissimus jacobus r. dat. è regia nostra theobald , die martii , an. dom. . iames , &c. to the most serene and most potent prince and lord , philip the fourth , &c. most serene and potent prince , kinsman , and wel-beloved friend ; forasmuch as some years ago ( for our nearer alliance , and the good of the whole christian world ) we had resolved to make a marriage between our wel-beloved son charls , prince of wales , and the most illustrious infanta , the lady mary , your serenities yongest sister , which in the life time of your father , king philip the third , of most happy memory , was so far advanced , that if he had not died , it had been brought to perfection long ere now : we have therefore thought good to treat now again with your serenity , that at length you would put a period to a work so well begun , and crown our by-past deliberations with an expected issue . the age of our son arived now to maturity , and he our onely son ( besides the condition of the times and our affairs ) doth require him to marry . and we being at the brink of old age , it would rejoyce us to see the day wherein our posterities friendship should be bound up in this most desired bond of affinity . we have therefore sent unto your serenity our extraordinary ambassador , the right honorable the lord digby , baron of sherborne , our counsellor , and vice-chamberlain , who has formerly deserved well of this alliance , and the honor of the house of austria ; unto whom , together with our ordinary ambassador , we have intrusted the remainder of this business , to be treated , transacted , and finished , and shall be ready to ratifie and approve here , what ever they shall agree upon . we wish likewise , that your serenity out of your goodness would ease our other care , touching the palatinate , which concerns our daughter and son in law , and their innocent children , banished from their ancestors inheritance . how gladly would we ow this good turn solely to your serenity , who have already done us so many friendly offices in that business ! no oblivion shall ever blot out of our minde , the acknowledgment of so great a favor , and we will endeavor to transmit to our posterity , that hereditary good will wherewith we have ever affected your serenity , and your royal father of most worthy memory , and shall ever affect you . one thing remains , that if this our ambassador shall propose any other matter touching what business soever , your serenity will be pleased to give him credence , as if we our self were present . the most gracious and great god ever preserve your serenity in safety . your serenities most loving brother j. r. given at our pallace of theobalds , march. . prince charls to the king of spain . most serene and potent prince , and wel-beloved kinsman , some years ago our most serene parents begun to treat about a match between us and the most serene , our dearly beloved princess , the lady mary , your majesties most honored sister . the condition and success of which affair and treaty , our most serene and honored lord and father , out of his fatherly affection towards us , was pleased upon all occasions , so much the more willingly to impart unto us , by how much greater propension and apparent signs of true affection he discovered in us thereunto ; for which cause the baron digby , his majesties vice-chamberlain and extraordinary ambassador , and one of our privy chamber , being now bound for spain , with most ample instructions to bring unto an happy issue , that which was prosperously begun , advanced before your most gracious father our uncle of happy memory departed this life : we thought it no less becoming us , by these our letters , most affectionately to salute your majesty ; who , if you shall perswade your self , that we highly esteem of your affection as we ought to do , and that by a most near bond of affinity , we desire to have it inlarged and confirmed towards us , that very perswasion will not a little adde to the measure of our love . it remains , that we intreat your majesty to give full credit to such further proposals as the baron digby shall make in our name . in the mean time we will hope for such a success of the principal business , as may give us occasion to use a more familiar stile hereafter in our letters , as an argument of a nearer relation ; which if it shall happen , this will also follow , that we shall most readily embrace all occasions , whereby to evidence unto your majesty the progress and increase of our affection , as well towards your self , as your most serene sister . the most great and good god preserve your majesty long in safety . your majesties most loving kinsman , c. p. given at our palace of saint iames , martii , . to the right honorable the lord balthazar of zuniga . right honorable and wel-beloved friend , because we have divers times been informed by your friends of your singular propension and zeal towards our affairs , we neither will , nor ought to leave you unsaluted at this time , you have so well deserved of us : but it will be no small accession of your good will , if you continue as you have begun , to promote by your assistance , our concernments with his majesty our welbeloved brother ; which by what way it may best be done , our ambassador the baron john digby will be able to direct you , to whom we have intrusted the residue of that matter . and if during his residence there , he may make use of your singular humanity and favor with the king in his negotiation , it will be most acceptable to us , and render us , who were by your deservings already forward to oblige you , most forward for the future to deserve well of you ; which we shall most willingly testifie , as occasion offers , not onely in word but in deed . j. r. given at our palace of theobalds , march . . sir walter aston , the leiger ambassador , had managed that treaty by directions received from digby , and now digby remained at large in it , and had communication of the passages from him . the spaniards proceed in the match with a very formal appearance ; for at this very time the emperors ambassador in spain had discoursed of a marriage between his masters son and the infanta ; but was presently answered , that the kings hands were tied by a treaty on foot with the king of great brittain ; and in this particular they seemed ( as said the english agent ) to deal above board . in the mean time the privy council by the kings commandment consulted about the raising of moneys to defend the palatinate . they appointed the keeper of the records in the tower , to search for all such writings as concerned the levies of men at the publick charge of the countrey , from the time of king edward the third , until this present . likewise they directed letters of the tenor following to the justices of the courts at westminster , and to the barons of the exchequer . what endeavors his majesty hath used by treaty , and by all fair and amiable ways to recover the patrimony of his children in germany , now for the most part withholden from them by force , is not unknown unto all his loving ●ubjects , since his majesty was pleased to communicate to them in parliament his whole proceedings in that business : of which treaty , being of late frustrate , he was inforced to take other resolutions ; namely , to recover that by the sword , which by other means he saw no likelihood to compass . for which purpose it was expected by his majesty , that his people in parliament would ( in a cause so nearly concerning his and his childrens interest ) have chearfully contributed thereunto . but the same unfortunately failing , his ma●esty 〈◊〉 constrained in a case of so great necessity , to try the dutiful affections of his ●●ing subjects in another way , as his predecessors have done in former times , by propounding unto them a voluntary contribution . and therefore as your selves have already given a liberal and worthy example ( which his majesty doth take in very gratious part ) so his pleasure is , and we do accordingly hereby authorise and require your lordships , as well to countenance and assist the service by your best means in your next circuits , in the several counties where you hold general assizes ; as also now presently with all convenient expedition , to call before you all the officers and attorneys belonging to any his majesties courts of iustice ; and also all such others of the houses and societies of court , or that otherwise have dependence upon the law , as are meet to be treated withal in this kinde , and have not already contributed ; and to move them to joyn willingly in this contribution in some good measure , answerable to that your selves and others have done before us , according to their means and fortunes : wherein his majesty doubteth not , but beside the interest of his children , and his own crown and dignity , the religion professed by his majesty and happily flourishing under him , within this kingdom , ( having a great part in the success of this business ) will be a special motive to incite and perswade them thereunto . nevertheless , if any persons shall out of obstinacy or disaffection , refuse to contribute herein , proportionably to their estates and means , you are to certifie their names unto this board . and so recommending this service to your best care and endeavor , and praying you to return unto us notes of the names of such as shall contribute , and of the sums offered by them , we bid , &c. letters to the same effect were directed to the high sheriffs and justices of peace of the several counties ; and to the majors and bailiffs of every city and town-corporate within the kingdom , requiring them to summon all of known abilities within their jurisdictions , and to move them to a chearful contribution according to their means and fortunes in some good measure , answerable to what others well-affected had done before them . and to make choice of meet collectors of the moneys , and to return a schedule of the names of such as shall contribute , and the sums that are offered by them ; that his majesty may take notice of the good inclinations of his subjects to a cause of such importance ; as likewise of such others , if any such be , as out of obstinacy or disaffection shall refuse to contribute . about this time george abbot , archbishop of canterbury , began to fall into disgrace at court ; his enemies taking the advantage of a late sad misfortune , for shooting at a deer with a cross-bow in bramzil park , he casually killed the keeper . upon this unhappy accident , it was suggested to the king , who already disgusted him for opposing the match with spain , that in regard of his eminent rank in the church , it might administer matter of scandal ; which was aggravated by such as aspired unto his place and dignity . the bishop of lincoln , then lord keeper , informed the marquess of buckingham , that by the common law of england , the archbishops whole estate was forfeited to the king ; and by the common law , which is still in force , he is made irregular ipso facto , and so suspended from all ecclesiastical function , until he be restored by his superior , which was the kings majesty , in this rank and order of ecclesiastical jurisdiction . to adde affliction to the afflicted ( said he ) will be against his majesties nature ; yet to leave a man of blood , primate , and patriark of all his churches , is a thing that sounds very harsh in the old councils and cannons , and the papists will not spare to censure it . the king made choice of the lord keeper , the bishops of london , winton , rochester , st. davids , and exeter , sir henry hobart , justice doderidge , sir henry martin , and doctor stuart , to inform him of the nature of this cause , and the scandal that might arise thereupon ; and to certifie what the same may amount unto , whither to an irregularity , or otherwise ; and what means may be found for redress . however this consultation was managed , the archbishop was not deprived ; but a plant was growing up that over-topped him whilst he lived , and after his decease obtained the primacy . doctor laud who was first chosen to the bishoprick of st. davids , by the mediation of the lord keeper williams , and was consecrated by the bishops of london , worcester , chichester , ely , landaff , and oxon ; the archbishop in the mean time was not thought irregular for the casual homicide . this bishop , doctor laud , was looked upon in those times as an arminian , and a fierce opposer of puritans ; and while he lived in oxford , suspected to incline to popish tenents , as may appear by his letter of complaint sent to his patron , doctor neal , then bishop of lincoln , against a sermon preached by robert abbot , doctor of the chair in oxford ; in which letter he inclosed this ( amongst other passages ) of the doctors sermon , viz. that men under pretence of truth and preaching against the puritans , strike at the heart and root of faith and religion now established among us . that this preaching against the puritans was but the practice of parsons and campions counsel , when they came into england to seduce yong students : and when many of them were afraid to lose their places , if they should professedly be thus , the counsel they then gave them was , that they should speak freely against the puritans , and that should suffice . and they cannot intend that they are accounted papists , because they speak against the puritans . but because they indeed are papists , they speak nothing against them . if they do at any time speak against the papists , they do beat a little upon the bush , and that softly too , for fear of troubling or disquieting the birds that are in it . i came time enough ( saith mr. laud ) to be at the rehearsal of this sermon , upon much perswasion , where i was fain to sit patiently , and hear my self abused almost an hour together , being pointed at as i sate . for this present abuse , i would have taken no notice of it , but that the whole university apply it to me , and my own friends tell me i shall sink my credit if i answer not dr. abbot in his own . nevertheless in a business of this kinde , i will not be swayed from a patient course ; onely i desire your lordship to vouchsafe me some direction what to do , &c. the arminian sect opposed by king iames , and by his special concurrence lately broken in the netherlands , by the beheading of barnevalt the cheif of them , began in his latter times to spring up in england , and was countenanced by the said prelate , who had newly obtained the opinion and favor of the marquess of buckingham : the kings main design then not suffering the suppressing of that way which in common judgment was inclined to popery ; or he thought to recover all his losses , and to salve all misfortunes by the spanish match . and for this cause he released multitudes of priests and popish recusants then imprisoned , which the spaniards professed to be a great demonstration of the kings sincere affection , to confirm the correspondence and amity between the crowns . and that this enlargement might be the more expedite and less chargeable , the king gave directions to the lord keeper williams , bishop of lincoln . that whereas he had formerly given order for the release of recusants by removing them from the several goals of this kingdom , to be bailed before the justices of his bench : and finding that this course will be troublesome to the poorer sort of them , he doth now require that writs be directed to the justices of assizes , enabling and requiring them to enlarge such recusants as they shall finde in their several goals , upon such conditions and securities as were required by the judges of his bench. accordingly the writs were issued forth under the great seal , and the lord keeper wrote to the judges on this manner . that the king having upon deep reasons of state , and in expectation of the like correspondence from forein princes to the professors of our religion , resolved to grant some grace to the imprisoned papists , had commanded him to pass some writs under the broad seal for that purpose : wherefore it is his majesties pleasure , that they make no niceness or difficulty to extend his princely favor to all such as they shall finde prisoners in the gaols of their circuits for any church recusancy , or refusing the oath of supremacy , or dispersing of popish books , or any other point of recusancy that shall concern religion onely , and not matters of state. but a general offence was taken at this indulgence to papists , and the lord keepers letter to the judges , which , how the keeper endevored to renounce , may be seen in his letter written to a person of honor. as the sun in the firmament appears unto us no bigger then a platter , and the stars are but as so many nails in the pummel of a saddle , because of the enlargement and disproportion between our eye and the object : so is there such an unmeasurable distance between the deep resolution of a prince , and the shallow apprehensions of common and ordinary people ; that as they will ever be judging and censuring , so they must needs be obnoxious to error and mistaking : the king is now a most zealous intercessor for some case and refreshment to all the protestants in europe , which were unreasonable , if he did now execute the rigor of his laws against the roman catholicks . our viperous countrymen , the english iesuites in france , had many moneths before this favor granted , invited the french king , by writing a malicious book , to put all the statutes in execution against the protestants in those parts , which were enacted in england against the papists , and ( as they falsly informed ) severely executed . besides , these papists are no otherwise out of prison , then with their shackles about their heels , sufficient sureties , and good recognizances to present themselves at the next assizes ; and their own demeanor , and the success of his majesties negotiations must determine whether they shall continue in this grace . but to conclude from the favor done to the english papists , that the king savors the romish religion , is a composition of folly and malice , little deserved by a gratious prince , who by word , writing , exercise of religion , and acts of parliament , hath demonstrated himself so resolved a protestant . as for his own letter to the iudges , he said it recited onely four kindes of recusancy capable of the kings clemency , not so much to include them , as to exclude many other crimes bearing the name of recusancy , as , using the function of a romish priest , seducing the kings leige-people from the established religion , aspersing the king , church , or state , or the present government . all which offences , being outward practices , and no secret motions of the conscience , are adjudged by the laws of england to be meerly civil and political , and are excluded by the letter from the benefit of those writs . but because the peoples mouths were open , and some preachers were too busie , and the puritan party increased , the king gave directions for the regulation of the ministry , in his letters to the lord archbishop of canterbury . most reverend father in god , right trusty and intirely beloved counsellor , we greet you well . forasmuch as the abuses and extravagancies of preachers in the pulpit , have been in all times suppressed in this realm by some act of council , or state , with the advice and resolution of grave and learned prelates , insomuch that the very licencing of preachers had beginning by an order of star-chamber , the eighth day of july , in the nineteenth year of the reign of king henry the eighth , our noble predecessor : and whereas at this present divers yong students by reading of late writers , and ungrounded divines , do broach many times unprofitable , unsound , seditious , and dangerous doctrines , to the scandal of the church , and disquiet of the state and present government . we upon humble representations unto us of these inconveniencies by your self , and sundry other grave and reverend prelates of this church , as also of our princely care and zeal for the extirpation of schism and dissention growing from these seeds , and for the settling of a religious and peaceable government , both in church and commonwealth , do by these our special letters , straitly charge and command you to use all possible care and diligence , that these limitations and cautions herewith sent unto you , concerning preachers , be duly and strictly from henceforth put in practice , and observed by the several bishops within your iurisdiction . and to this end our pleasure is , that you send them forthwith copies of these directions , to be by them speedily sent and communicated unto every parson , vicar , curate , lecturer , and minister in every cathedral or parish church within their several diocesses ; and that you earnestly require them to employ their utmost endeavors in the performance of this so important a business ; letting them know , that we have a special eye unto their proceedings , and expect a strict accompt thereof , both from you and every of them . and these our letters shall be your sufficient warrant and discharge in that behalf . given under our signet at our castle of windsor , &c. directions concerning preachers sent with the letter . i. that no preacher under the degree and calling of a bishop or dean of a cathedral , or collegiat church ( and they upon the kings days , and set festivals ) do take occasion by the expounding of any text of scripture whatsoever , to fall into any set discourse or common place , otherwise then by opening the coherence and division of the text ; which shall not be comprehended and warranted in essence , substance , effect , or natural inference , within some one of the articles of religion set forth one thousand five hundred sixty and two ; or in some of the homilies set forth by authority of the church of england : not onely for a help for the non-preaching , but withal for a pattern and boundary ( as it were ) for the preaching ministers . and for their further instructions for the performance hereof , that they forthwith read over and peruse diligently the said book of articles , and the two books of homilies . ii. that no person , vicar , curate , or lecturer , shall preach any sermon or collation hereafter , upon sundays and holidays in the afternoon , in any cathedral or parish church throughout the kingdom ; but upon some part of the catechism , or some text taken out of the creed , ten commandments , or the lords prayer , ( funeral sermons onely excepted . ) and that those preachers be most encouraged , and approved of , who spend the afternoons exercise in the examination of children in their catechism , which is the most antient and laudable custom of teaching in the church of england . iii. that no preacher of what title soever under the degree of a bishop or dean at the least , do from henceforth presume to preach in any popular auditory , the deep points of predestination , election , reprobation , or of the universality , efficacy , resistibility , or irresistibility of gods grace , but leave those themes rather to be handled by the learned men , and that moderately and modestly by way of use and application , rather then by way of positive doctrines , being fitter for the schools , then for simple auditories . iv. that no preacher of what title or denomination soever , from henceforth shall presume in any auditory within this kingdom , to declare , limit , or bound out , by way of positive doctrine in any lecture , or sermon , the power , prerogative , and jurisdiction , authority or duty of sovereign princes , or otherwise meddle with matters of state , and the differences between princes and the people , then as they are instructed and presidented in the homilies of obedience , and the rest of the homilies and articles of religion set forth ( as before is mentioned ) by publick authority , but rather confine themselves wholly to those two heads of faith and good life , which are all the subject of the antient sermons and homilies . v. that no preacher of what title or denomination soever , shall presume causelesly , or ( without invitation from the text ) to fall into bitter invectives and undecent railing speeches against the persons of either papists or puritans , but modestly and gravely , when they are occasioned thereunto by the text of scripture , free both the doctrine and the discipline of the church of england from the aspersions of either adversary , especially where the auditory is suspected to be tainted with the one or the other infection . vi. lastly , that the archbishops and bishops of the kingdom ( whom his majesty hath good cause to blame for their former remissness ) be more wary and choice in their licencing of preachers , and revoke all grants made to any chancellor , official , or commissary , to pass licences in this kinde : and that all the lecturers throughout the kingdom of england ( a new body severed from the antient clergy , as being neither parsons , vicars , nor curates ) be licenced hence-forward in the court of faculties , by recommendation of the party , from the bishop of the diocess under his hand and seal , with a fiat from the lord archbishop of canterbury , a confirmation under the great seal of england . and that such as do transgress any one of these directions , be suspended by the bishop of the diocess , or in his default by the archbishop of the province , ab officio & beneficio , for a year and a day , until his majesty by the advice of the next convocation shall prescribe some further punishment . these directions were warily communicated by the archbishop of canterbury to the bishops within his province . the king lost no time in pursuing the match with spain ; but the dispensation from rome , which was the key of the business , had long lain in a kinde of dead-palsie , till the new king of spain had by a letter quickned the pope ; whereupon there ensued a congregation of cardinals to determine the matter , and afterwards the popes assent : and then the court of spain declared such an intire agreement for the alliance with england , that king iames was satisfied , and could expect no further difficulty . but his intelligence from bruxels , and all other parts of the world , did quickly cool , and almost quench his hopes . sir richard weston was a man approved by gondomar , who commended the kings wisdom in the election of so fit a minister for the treaty at bruxels ; yet the man so well disposed and suited to the kings designs , wrote desperate letters of the infanta's cold and unworthy manner of treating in that important business of restoring the palsgrave . whilest the king of englands proceedings were so just and clear , the count palatine was retired to sedan , and there sojourned with his uncle the duke of bouillon , and his partizans , duke christian of brunswick , and count mansfield , the pretended obstacles of the treaty , were removed , and had taken another course . mansfield went for holland , where the states intended to use him for the raising of the siege of bergen , by cutting off the convoys between antwerp and the spanish leagure : and king iames had lately offered , that in case the forces of mansfield and brunswick would not rest , but still perturb the treaty , he would joyn with the emperor , and the arch-dutchess , to quiet them : and the english companies in the palatinate being penned up in garrisons , could not cause disturbance . in the mean while , that miserable countrey was burnt and sacked in the sight of the english ambassador . and now the imperial and bavarian forces fall to the besieging of heidelburgh . when the ambassador at bruxels complained of these proceedings , he received frivolous answers mixed with recriminations . all that weston obtained , was , onely letters of intreaty from the infanta to the emperors generals to proceed no further , though she had before acknowledged a full power from the emperor to conclude the desired cessation : but they pretended that they would restore all , when all was taken . for this cause sir richard weston acquainted the marquess of buckingham , that he could not discern how the weak hopes given him at bruxels , could agree with those strong assurances given by the lord digby from the court of spain . moreover to protract the palsgraves business , the emperor takes occasion to appoint a dyet at ratisbone , contrary to his own promise , as himself acknowledged . mr. gage returned from rome , with no better fruit of his agency ; for the dispensation cannot pass , till the king give satisfaction to a number of new conditions , which before were never dreamed of , and had this mischief in them to bring the king in jealousie with the greatest part of his subjects . a peece of juggling was observed in this negotiation : for some points of larger indulgence whereunto king iames had yielded , were concealed from the pope by the ministers of the king of spain . the court then devised to put a good face upon an ill game , and good sawce to an unsavory dish : for all the world expecting that gage should bring the dispensation at his first arival , they made him give out , that it was passed in rome , and sent from thence to spain . but the king made a close pursuit , and resolved they should not escape him . the popes demands superadded to the articles of marriage were taken in hand , and resolutions were given upon them in manner following . to the demand of a publick church in london , besides a domestick chappel , assigned to the infanta and her family , the king made reply , that it was more then was assumed by himself , or his son the prince , that the chappel allowed was not a private oratory , but in effect a church , where the world might take notice of the religion which the infanta professed in publick manner . to another demand , that the superior minister having ecclesiastical authority , be in ordine episcopali ; he answered , that he would leave it to the king of spain to appoint as he shall judge expedient . but whereas the pope required , that the ecclesiasticks be subject to no laws but of their own ecclesiastical superiors ; his answer was , that exemption seemed strange , as not allowed in all states and countreys that were of the roman religion . as for the education of the children under the mothers government ; let the king of spain judge indifferently ( said the king ) how unfit it were for us to declare to the world , that we engaged our self to permit our grand-children to be brought up unto years of marriage , in a religion which we profess not , and which is not publickly professed in our kingdom . and further then we have already assented in general , to leave the children under the mothers tuition for a longer or shorter time , according to their constitution and health , ( which may possibly reach unto the time required by the pope ) we can by no means condiscend , unless the king of spain think it fit to limit the time to a certainty . and whereas the pope expected some larger offers for the general good of the roman church ; the king shewed , that the articles of religion agreed upon between himself , and the late king of spain , were accounted so satisfactory in the judgment of the learnedst , and greatest clergy of spain , that they declared their opinion , that upon the offer of such conditions , the pope ought not to withhold the dispensation . and he said further , that the pope was satisfied , that he of his own authority could not grant a general liberty of exercising the roman religion ; and what is it that they would have ? for setting that aside , he had in a manner done already all that was desired , as all the roman catholicks have found , out of his gratious clemency towards them , and will no doubt acknowledge . this resolution the king sent into spain ( for he would not seem to treat with rome ) and therewith this letter to the lord digby , now made earl of bristol . right trusty and welbeloved , our pleasure is , that immediately you crave audience of that king , and represent unto him the merit that we may justly chalenge to our self , for our sincere proceedings with the emperor and him : notwithstanding the many invitations and temptations , we have had to engage our self on our son in laws part . that we have both from the emperor , and from him , hopes given us from time to time of extraordinary respect , ( howsoever our son in law had deserved ) which we have attended and expected , even to the last with much patience , and in despight as it were of all opposition , which might shake our resolution in that behalf : if now , when all impediments are removed ▪ and the way is so prepared , as that the emperor may give an end unto the war , and make some present demonstration of his respect towards us , in leaving us the honor of holding those poor places which yet remain quietly , and peaceably , until the general accommodation , the same shall nevertheless be violently taken from us ; what can we look for , if the whole shall be in his hands and possession ? who amuzing us with a treaty of cessation , and protracting it industriously ( as we have reason to believe ) doth in the mean time seize himself of the whole countrey . which being done , our ambassador shall return with scorn , and we remain in dishonor : and therefore as we have heretofore sundry times promised in testimony of the sincerity of our proceedings , and of our great desire to preserve the amity inviolable between us , and the whole house of austria ; that in case our son in law would not be governed by us , that then we would not onely forsake him , but take part and joyn our forces with the emperors against him . so you may fairly represent unto that king , that in like manner we have reason to expect the same measure from him : that upon the emperors aversness to a cessation , and accommodation , he will likewise actually assist us for the recovery of the palatinate , and electoral dignity to our son in law , as it hath been often times intimated from spain . yet our meaning is to carry all things fair with that king , and not to give him any cause of distrust or jealousie , if you perceive that they intend to go really and roundly on with the match : wherein nevertheless we must tell you , that we have no great cause to be well-pleased with the diligencies used on that part , when we observe that after so long an expectance of the dispensation , upon which the whole business , as they will have it , depends , there is nothing yet returned but queres and objections . we have thought fit to let you know , how far we are pleased to enlarge our self concerning those points demanded by the pope : and further then that , since we cannot go without much prejudice , inconvenience , and dishonor to our self , and our son ; we hope and expect that the king of spain will bring it instantly to an issue without further delay , which you are to press with all diligence and earnestness : but if respite of time be earnestly demanded , and that you perceive it not possible for them to resolve until an answer come from rome , we then think it fit , that you give them two moneths time after your audience , that we may understand that kings final resolutions before christmas next at the furthest . likewise the conde gondomar who was lately called home , is roused by a letter from england , on this manner . here is a king , and a prince , and a faithful friend and servant , buckingham , besides a number of other friends , to whom every day seems a year , till the match be accomplished ; all things are prepared on our parts , priests and recusants are at liberty , and the prisons are filled with zealous ministers : orders are published for the universities and pulpits , that none shall hereafter be medling , but that all preach christ crucified . his majesty never looked to the rising or falling hopes of his son in laws fortunes , but kept in the same course that seems most agreeable to honor and justice , and the peace of christendom . and gondomar did beseech the king to suffer himself once to be deceived by spain , and promised when the match was first moved , and the king perswaded to break with france , that he should be prest to nothing , but what might stand with conscience and honor , and the love of his people . and whereas the pope would know what bonum publicum will be granted , we remit it to your conscience , whither the favors daily granted to catholicks , which the king resolves to continue , if not to increase , be not a real publick good , considering if the match break off , his majesty will be importunately urged by his people , to whose assistance he must needs have recourse , to give life and execution to all penal laws , now hanging over the heads of catholicks . according to the kings direction , the earl of bristol presented a memorial to the king of spain , and from him and his ministers received this return . that for the accomplishing of the match on their part , there should not one day be lost ; for the dispatch thereof imported them no less then the king of great britain : and for the palatinate , they will seek his intire satisfaction ; and they refer it to his own just judgment , whether their forces were called out of the palatinate , with an evil intention , or meerly for the defence of flanders , which otherwise had been put in great hazard by count mansfield : that the besieging of heidelburgh was no way by their consent , or knowledge , but was generally disapproved by them . and if it should be taken , and the emperor refuse to restore it , or to condiscend to such accommodation as should be adjudged reasonable , the king of great britain shall be infallibly assisted with the arms of spain for the restoring of the palatine . and as concerning the match , bristol seemed so confident as to declare to the king his master , that he should not willingly give his majesty hope upon uncertain grounds ; so he would not conceal what the spanish court professed , which was to give his majesty both real and speedy satisfaction . and he affirmed , if they intended it not , they were falser then all the devils in hell , for deeper oaths and protestations of sincerity could not be made . but in the mean while , the town and castle of heidelburgh were taken , and the english companies put to the sword , and sir edward herbert the governor was slain , after he had broken four pikes in charging the enemy . the besieging of manheim , and the blocking of frankendale , followed the loss of heidelburgh . king iames provoked by the continual progress of these indignities , was impatient of staying for a reply from spain to his former letters , but seconded those resolutions with a vehement new dispatch , the third of october , in a peremptory stile , as it well became him ; commanding the earl of bristol , to let that king understand how sensible he was of the emperors proceedings towards him ; and withal , not a little troubled to see that the infanta at bruxels , having an absolute commission from the emperor , to conclude a cessation and suspension of arms , should now at last , when all objections were answered , and the former solely pretended obstacles removed , not onely delay the conclusion of the treaty , but refuse to lay her commands upon the emperors generals for abstaining from the garisons , during the treaty , upon a pretext of want of authority : so as for the avoiding of further dishonor , he hath been forced to recal both his ambassadors , as well the chancellor of his exchequer from bruxels , as also the lord chichester , whom he intended to have sent unto the emperor to the dyet at ratisbone . he further enjoyned his ambassador , that having delivered his sense of things , he should demand of the king of spain a promise under his hand and seal , that the town and castle of heidelburgh shall be delivered to the palatine within seventy days after the audience , and the like for manheim and frankendale , if they be taken . that within the said term of seventy days a suspension of arms in the palatinate be concluded upon the conditions last propounded by sir richard weston at bruxels ; and that a general treaty shall be again set on foot upon such honorable terms as were tendered to the emperor in november last . but if these particulars be refused or delayed by the emperor , that the king of spain shall joyn forces with the king of great britain , for the recovery of his childrens honors and patrimony . and if he cannot give assistance , that he will at least allow him a free and friendly passage through his territories for the forces to be employed in that service . of these points distinctly , if the ambassador should not receive a direct assurance , he was to take his leave of that king , and to return into his masters presence . but the king annexed this private instruction , that in case a rupture happened , it might be managed to the best advantage . wherefore he should not instantly come away , but send him secret intelligence , and in publick give out the contrary . immediately upon these demands , an order was sent from spain to bruxels , for the relief of manheim , but it came too late ; for before the arival thereof , the town was yielded into the hands of tilly : but had it come in season , the effect thereof might be guessed by tilly's reasons presented to the arch-dutchess against raising the siege of manheim , and the restoring of heidelburgh , to this purpose . that he could not do it without the emperors express consent , and that the winning of manheim was to be hastned to prevent the machinations of evil neighbors , who were plotting new commotions in favor of the count palatine , and especially to obviate the designs of count mansfield . and lastly , that the emperor and the catholick league , having setled all germany , might give the law to their opposites , and settle a peace upon their own terms . how little the emperor attributed to the kings humanity , and upright dealing , which he applauded in shew , might be discerned by sure advertisements of his purpose , to propound in the dyet at ratisbone , his promise of translating the palatine electorate to the duke of bavaria , as a thing irrevocable . moreover , the king of spain , the fifth of november , . in the height of those professions made to the english ambassador , touching the marriage , wrote on this manner to his grand favorite , the conde olivares . the king my father declared at his death , that his intent never was to marry my sister , the infanta donna maria with the prince of wales , which your uncle don balthazar understood , and so treated this match ever with intention to delay it ; notwithstanding it is now so far advanced , that considering all the aversness unto it of the infanta , it is time to seek some means to divert the treaty , which i would have you finde out , and i will make it good whatsoever it be . but in all other things procure the satisfaction of the king of great britain ( who hath deserved much ) and it shall content me , so that it be not in the match . olivares wrote a letter deliberative , the eighth of november , . and propounded an expedient to the king of spain , in these words . sir , considering in what estate we finde the treaty of marriage between spain and england , and knowing certainly how the ministers did understand this business that treated it in the time of philip the third , that is in heaven , that their meaning was never to effect it , but by enlarging the treaties and points of the said marriage , to make use of the friendship of the king of great britain , as well in matters of germany , as those of flanders : and imagining likewise that your majesty is of the same opinion ( though the demonstrations do not shew so ) joyning to these suppositions ; that it is certain the infanta donna maria is resolved to put her self into a monastery the same day that your majesty shall press her to this marriage : i have thought fit to represent unto your majesty , that which my good zeal hath offered me in this occasion , thinking it a good time to acquaint your majesty withal , to the end you may resolve of that which you shall finde most convenient , with the advice of those ministers you shall think fit to make choice of . the king of great britain doth finde himself at this time equally engaged in two businesses ; the one is this marriage , to which he is moved by the conveniencies he findes in your majesties friendship , by making an agreement with those catholicks that he thinks are secretly in his kingdom ; and by this to assure himself of them , as likewise to marry his son to one of the house of austria , knowing , that the infanta donna maria is the best born lady in the world. the other business is , the restitution of the palatinate , in which he is more engaged ; for beside that his reputation is at stake , there is added the love and interest of his grand-children , sons of his onely daughter : so that both by the law of nature and reason of state , he ought to put that forward , whatever inconveniencies might follow by dissembling what they suffer . i do not dispute whither the king of great britain be governed in this business of the palatinate by act or friendship ; i think a man might say he used both , but as a thing not precisely necessary to this discourse , i omit it . i hold it for a maxim , that these two engagements in which he findes himself , are inseparable ; for although the marriage be made , we must fail of that which in my way of understanding is most necessary , the restitution of the palatinate . this being supposed , having made this marriage in that form as it is treated , your majesty shall finde your self , together with the king of great britain , engaged in a war against the emperor and the catholick league : a thing which to hear , will offend your godly ears , or declaring your self for the emperor , and the catholick league , as certainly your majesty will do , then you will finde your self engaged in a war against the king of england , and your sister married with his son ; with the which , all whatsoever reasons of conveniency that were thought upon in this marriage , do cease . if your majesty shall shew your self neutral , as it may be some will propound ; that , first , will cause very great scandal , and with just reason , since in matters of less opposition , then of catholicks against hereticks , the arms of this crown have taken the godly part , against the contrary party ; and at this time the frenchmen fomenting the hollanders against your majesty , your piety hath been such , that you have sent your arms against the rebels of that crown , leaving all the great considerations of state , onely because these men are enemies to the faith , and the church . it will oblige your majesty , and give occasion to those of the league to make use of the king of france , and of other catholick princes ill-affected to this crown ; for it will be a thing necessary for them to do so : and those even against their own religion , will foment and assist the hereticks for hatred to us . without doubt they will follow the other party , onely to leave your majesty with that blemish , which never hath be●aln any king of these dominions . the king of england will remain offended and enraged , seeing that neither interest , nor helps do follow the alliance with this crown , as likewise with pretext of particular resentment , for having suffered his daughter and grand-children to be ruined for respect of the said alliance . the emperor though he be well-affected and obliged to us in making the translation at this time , as businesses now stands , ( the duke of bavaria being possessed of all the dominions ) although he would dispose all according to our conveniencies , it will not be in his power to do it , as your majesty and every body may judge ; and the memorial that the emperors ambassador gave your majesty yesterday , makes it certain ; since in the list of the soldiers , that every one of our league is to pay , he sheweth your majesty , that bavaria for himself alone , will pay more then all the rest joyned together ; the which doth shew his power and intention , which is not to accommodate matters , but to keep to himself the superiority of all in this broken time , the emperor is now in the dyet , and the translation is to be made in it . the proposition in this estate , is by considering the means for a conference , which your majesties ministers will do with their capacities , zeal , and wisdom ; and it is certain they will herein have enough to do . for the difficulty consists to finde a way to make the present estate of affairs straight again , which with lingring , as it is said , both the power and time will be lost . i suppose the emperor , as your majesty knoweth by his ambassador , desires to marry his daughter with the king of englands son. i do not doubt but he will be likewise glad to marry his second daughter with the palatines son : then i propound that these two marriages be made , and that they be set on foot presently , giving the king of england full satisfaction in all his propositions for the more strict union and correspondency , that he may agree to it . i hold for certain , that all the conveniences that would have followed the alliance with us , will be as full in this ▪ and the conveniencies in the great engagement are more by this ; for it doth accommodate the matter of the palatinate , and succession of his grand-children with honor , and without drawing a sword , and wasting treasure . with this interest , the emperor with the conveniencies of the king of england and the palatinate , the onely means in my way of understanding to hinder those great dangers that do threaten , may accommodate the business , and not sever himself from the conveniencies and engagements of bavaria ; and after i would reduce the prince elector , that was an enemy , to the obedience of the church , by breeding his sons in the emperors court with catholick doctrine . the business is great , the difficulties greater perchance then have been in any other case . i have found my self obliged to present this unto your majesty , and shall shew , if you command me , what i think fit for the disposing of the things , and of the great ministers which your majesty hath . i hope , with the particular notes of these things , and all being helped with the good zeal of the conde gondomar , it may be , god will open a way to it , a thing so much for his , and your majesties service . such consultations had the catholick king in his cabinet-council , whilst he pretended so much zeal to a closure with england : insomuch that king iames professed to have taken great contentment in the dispatches of the earl of bristol , as full and satisfactory . and though the order sent to the archduchess for the relief of anheim arrived too late , yet he acknowledged it to be an argument of that kings sincere intentions . but the kings hopes were still deferred , and these delays were palliated by the stop of the dispensation , till the pope were further satisfied in the time of the childrens education under the mothers government , and the exemption of ecclesiastical persons from all secular jurisdiction . and the spaniards did not spare to stretch the kings ductile spirit : for he was willing to stand obliged by a private letter , that the children should be kept under the mothers wing till the age of nine years ; but he desired for honors sake , that no more then seven might be exprest in the publique articles . but this enlargement would not satisfie ; he must come up to the allowance of ten years , which was the lowest of all to be expected ; and so he was brought at length to wave his honor , and to insure this concession by a publique ratification . and for the exemption of ecclesiasticks from the secular power ; thus far he yielded , that the ecclesiastical superior do take notice of the offence that shall be committed , and according to the merit thereof , either by degradation deliver him to secular justice , or banish him the kingdom . bristol's importunate negotiation procured this answer from the king of spain . first , touching the marriage , being desirous to overcome all difficulties that might hinder this union , he had endeavoured to conform himself with the resolutions given by the king of great britain to the popes propositions , and had dispatched a post to rome ; that his holiness judging what hath been here concluded , and held sufficient , might grant the dispensation , which he engageth to procure within three or four moneths at the farthest : and in the interim , that no time be lost , the remaining temporal articles shall be treated and concluded . as touching the palatinate , by his late dispatches into flanders , due course is taken to settle all things as may be desired : but until it be known what effects the same hath wrought , and what the emperor will reply , no answer can be given in writing to the particulars contained in the ambassadors memorial . moreover , the popes demands to which king iames took exceptions , being now accommodated by the king of spain , were sent into england , and presently signed by the king and prince , without the change of a word . king iames having strong assurance that the dispensation must needs be granted speedily , appointed his agent gage , who was now again at rome , to present to the pope and certain cardinals those letters which lay in his hand to be delivered at a fit season . the kings letter to the pope , gave him the stile of most holy father . likewise he directed the earl of bristol to proceed to the temporal articles , and to consummate the whole business . but while the king had so much zeal and confidence in his applications to spain and rome , the palatinate is left at random , upon the spaniards loose and general promises : for , colonel papenheim had block'd up frankendale , the onely hold whereby the palsgrave kept a footing in his ruined country . the imperialists laughed to think that the english garrison should expect relief by the orders sent from spain to bruxels : and when the king had made an offer to sequester the town of frankendale into the infanta's hands , upon the same assurance from her which herself had offered before the loss of manheim , ( which was to restore the place , whether a peace with the emperor , or a rupture followed ) she was fallen away from that proposition , and would accept the sequestration only upon a simple trust to render it again at the expiration of eighteen moneths . in this state of affairs , the king wrote thus to his ambassador in the spanish court. concerning the unfortunate knotty affair of the palatinate , to say the truth , as things now stand , we cannot tell what you could have done more then you have already done . moreover he shewed , that the reason of his late peremptory instructions concerning a direct promise of restitution , was the gross delay at bruxels while heidelburgh was taken , and manheim beleaguered : as also gages coming from rome , and in stead of the dispensation , presenting him with new demands to engage him in a dispute or treaty with the pope , which he said he never intended . wherefore at the instance and perswasion of his council , he was moved to urge the matter so , as to bring it to a sudden period : not but that the precisest of them were always of opinion , that if the match were once concluded , the other business would be accommodated to his satisfaction . then was the ambassador required to stir up that king to use all effectual means for diverting the translation of the electorate in the present diet : likewise to make him an offer of frankendale by way of sequestration , upon condition of restoring it in the case as now it stands , whether the peace succeed or not . but in the diet held at ratisbone , the emperor declared the palatine to be the cause and groundwork of all those wars and miseries ; and that the electorate of this proscribed enemy being devolved into his hands , he had conferred it upon the duke of bavaria , who in this cause and service had spent his treasure , and hazarded his blood against his own nephew the palsgrave . the protestant princes desired the emperor to consider , that in so high a cause as the disposing of an electorate , and so principal a person in the colledge of electors , who uncited , unheard , and without all knowledge of the cause hath been condemned , and against all equity oppressed by the publication of the ban ; his imperial majesty should not have proceeded so rigorously without the advice and consent of the other electors , as was agreed upon in the capitulation royal , and fundamental law of the empire . and since the diet was called for restoring the peace of the empire , it were necessary in the first place ro remove the obstacles , those extreme executions in bohemia , which may make that people desperate , and which the lutheran states following the augustane confession have their eyes upon . and though it be given out , that the severity there exercised is merely for private justice , yet it is so linked with the publique cause , that unless it be speedily ended , and the two churches in prague again opened , and the free exercise of religion permitted , they can see no sure peace , but desolation and ruine like to follow . and for the prince palatine , seeing he is already sufficiently punished , it were commendable in his imperial majesty to restore him , upon submission , to his lands and dignities ; otherwise there is no likelihood of restoring peace . and in transferring the electorate , if it must be so , this main thing were to be considered , whether the exclusion of the palsgrave's person doth exclude his children , who by the providence of their ancestors , before this act of their father , had an hereditary right thereunto : or whether that prince's brother , or other of the kindred who have no way offended , should be in this case neglected ? this will be ill resented by the other electors and princes allied to the palatine , who have been quiet hitherto upon confidence of the emperors clemencie ; but perceiving all hopes of recovering the electoral dignity to their family taken away , must needs have recourse to arms. they further added , that the palatine was young , and abused by evil counsels , and no way the author of the stirrs in bohemia . wherefore they give their advice , that his restoring will quiet the otherwise endless troubles of the empire , and for ever engage him and all his allies , and the whole electoral colledge to his imperial majesty . the catholick princes answered , that the palatinate being devolved upon the emperor , he may bestow it according to his own pleasure ; and that he cannot safely hold any terms of amity with the palatine : that the impunity of so great an offender , will encourage others to offend : and as for by-past sufferings , there hath been little difference between his and the emperors , though the cause were far different : and that mansfeld his general is yet in the field , and prosecutes his cause by force of arms. the other party replied , that the security of the imperial dignity and the safety of the empire consisted in the concord between the emperor and the princes electors ; and if his imperial majesty shall use this rigor , the princes of lower saxony are of opinion that there can be no peace established : but this desired reconciliation will give the emperor a quiet possession of the provinces recovered by the aid of the electors and princes ; otherwise there is a fair pretension left for the renewing of the war , for that the palatines sons and brother are passed by in the translation of the electorate ; and the king of great britain cannot but take it ill , to see his endeavors produce no better effect , but that his onely daughter and her children are left in exile . the emperor takes up the debate , and sheweth , that before the ban was published , he desired nothing more then that a diet might be convoked ; which being impeded by the prosecution of the war , he could do no less then publish this proscription to repress the palatine ; which some that now dispute it , did then declare to be legal and necessary : and this proscribed enemy he will not restore to the electoral dignity , nor yet defer to compleat the number of electors . thus have we good words from spain , and miserable usage from all the rest of the house of austria . sir dudley carlton ambassador resident at the hague , assured the marquis of buckingham , that though the spanish ambassador d' ognat in publique opposed the emperor in transferring the electorate , yet the judgment generally made upon it was this , that it was a meer patelinage with a secret understanding to abuse king iames his goodness . likewise the emperor not content to have chased the palsgrave out of germany , in the propositions of the former diet , made this an article to make war upon the united provinces , because ( among other quarrels ) they gave refuge to the expulsed palatine . nevertheless king iames resolved to wait upon the match with spain , as the onely means to consolidate these publique fractures in christendom . and now behold a strange adventure and enterprise ! the prince and the marquis of buckingham , accompanied with cottington and endimion porter , post in disguise to spain to accelerate the marriage . the . of february they went privately from court , and the next day came to dover , where they imbarqued for boloign , and from thence rode post to paris , where they made some stop . the prince , shadowed under a bushy peruque , beheld the splendor of that court , and had a full view of the princess henrietta maria , who was afterwards his royal consort . for besides the great privacie of the journey , they had so laid the english ports , that none should follow or give the least advertisement , until they had gotten the start of intelligencers , and passed the bounds of france . howbeit they escaped narrowly , and a swift intelligence sent to the king of spain from don carlos coloma was even at their heels before they arrived at madrid . the prince and buckingham being in the territories of spain , to make but little noise , rode post before their company . the . of march they arrived at madrid the royal residence , and were conveyed with much secrecie into the earl of bristols house . the next morning the earl acquainted gondomar with the arrival of the marquis of buckingham : olivares sends immediately to desire leave to visit the marquis , which was by no means permitted ; but in the evening the marquis went privately accompanied with the earl of bristol , sir walter aston , and conde gondomar , and met this great conde in a place near the palace , and after some converse was led by a back-way into the kings quarter , and had private audience of the king ; who received him with extraordinary courtesies , and expressions of so great joy , that might signifie he was not ignorant of the princes arrival also : insomuch that the conde olivares having procured the kings leave , went back with the marquis of buckingham and kissed the princes hands . after this , the king and state devise how to give his highness the most honorable reception . instantly they decree , that upon all occasions of meeting he shall have the precedencie of the king ; that he shall make his entrance into the royal palace in that form of state which is used by the kings of spain on the day of their coronation , and that one of the chief quarters in the kings house shall be prepared for his lodgings ; that an hundred of the guard attend him , and all the council obey him as the kings own person . the common sort did magnifie this brave adventure , and express his welcom by shouts and acclamations of joy , and presently they marry him to the infanta as it were by publique voice . and the king , to please him with a sight of his mistress , went abroad to visit a monastery , with the queen , the infanta , and his brothers don carlos and the infant-cardinal : so that his highness had the happiness of a full view in several places . the king in person gave him several visits , and forced him to take the hand and place of him . divers grandees and prime officers of state came to present their service , and as yet none did visit him but by the kings special order . a general pardon was published ; the prisons were opened , and hundreds of offenders were set at liberty ; and a late proclamation against excess in apparel was revoked . neither may we forget the kings strain of complement in the advancement of gondomar , to whom he ascribed his great contentment and honor received by his highness's presence ; that he had made the conde ( whom he was pleased to term an english-man ) one of his council of state , to the end that his highness might be confident of their proceedings , and privy to all their passages . the prince , on the day of publique entrance , was attended in the morning by the conde gondomar , and divers councellors of state , to s. ierom's monastery , the place whence the kings of spain are wont to make their solemn entrance into madrid on the day of their coronation : there the prince was feasted , and served by divers great officers of state waiting bare-headed . after dinner , the king came to conduct his highness through the town to the royal palace , having prepared all things for the solemnity in the greatest magnificence and splendor . the king setting the prince on his right hand , they rode in great glory under a canopy of state supported by the regidors of the town , who were arrayed in cloth of tissue : the nobility and grandees of spain attended by their several liveries , all very rich and costly , went before ; and after came the marquis of buckingham , and the conde olivares , executing their places of masters of the horse ; after them followed the earl of bristol and sir walter aston , accompanied with divers councellors of state , and gentlemen of the kings chamber . and being alighted at the palace-gate , the king led the prince to the queens quarters , where having entred her chamber , he was met and received by her with great respect , in manner becoming the state of great princes ; three royal seats were placed , the queen sate in the middle , the prince on her right hand , and the king on the left . his highness was thence conducted by the king to the lodgings prepared for him ; where after they had conversed a while , the king left him . after a little pause , the queen by her major-domo gave him a further and very noble welcom with sundry rich presents , as perfumes and costly wearing-linen . the king sent him two golden keys , which would open all his privy-lodgings and his bed-chamber , giving him to understand that he had free access unto him at all hours . the councellors of state presented themselves to let him know , that by the kings express command they were to obey his highness as exactly as the king himself . he was constantly attended and served with grandees and tituladoes , and was entertained with many shews and triumphs , and several daily pastimes . and one day running at the ring in company of divers of the nobility , his higness was the onely person that bore the ring away , and that in presence of the infanta his mistress , which was interpreted a good omen at the beginning of his atchievement . in fine , there wanted nothing which the wit of man could devise for the height of outward glory : the governors of the town presented the marquis of buckingham with the rich cloth of state which was borne over the king and prince in the great solemnity , as a fee belonging to the place which he then executed . from the court of england many lords and gentlemen went after the prince , that by a splendid train and retinue of his own people he might appear as the prince of england . and the marquis of buckingham was then made a duke , by a patent sent from england . this magnificent entertainment , and the universal joy in spain , was grounded on the hope of the prince's turning catholick : for the voice of the people went , that he was come to be a christian : and the conde olivares , when he gave him the first visit , did congratulate his arrival with these expressions ; that the match should be made presently , and that the kings of spain and england should divide the world between them ; for that he did not question , but he came thither to be of their religion . whereunto the prince answered , that he came not thither for religion , but for a wife . but there wanted no endeavors to reconcile the prince , and by him the british dominions to the sea of rome . gregory the fifteenth , then pope , * exhorted the bishop of conchen inquisitor-general of spain , to improve the opportunity : and he sought to charm the prince , by writing a very smooth letter to him : yea , he condescended to write to buckingham his guide and familiar , to incline him to the romish religion . and the pope also wrote a letter to the prince , the tenor whereof followeth . most noble prince , we wish you the health and light of gods grace . forasmuch as great britain hath always been fruitful in vertues , and in men of great worth , having filled the one and the other world with the glory of her renown , she doth also very often draw the thoughts of the holy apostolical chair to the consideration of her praises . and indeed , the church was but then in her infancie , when the king of kings did choose her for his inheritance , and so affectionately , that 't is believed the roman eagles were hardly there before the banner of the cross. besides that , many of her kings instructed in the knowledge of the true salvation , have preferred the cross before the royal scepter , and the discipline of religion before covetousness , leaving examples of piety to other nations , and to the ages yet to come : so that having merited the principalities and first places of blessedness in heaven , they have obtained on earth the triumphant ornaments of holiness . and although now the state of the english church is altered , we see nevertheless the court of great britain adorned and furnished with moral vertues which might serve to support the charity we bear unto her , and be an ornament to the name of christianity , if withall she could have for her defence and protection the orthodox and catholick truth . therefore by how much the more the glory of your most noble father , and the apprehension of your royal inclination delights us , with so much more zeal we desire that the gates of the kingdom of heaven might be opened unto you , and that you might purchase to your self the love of the universal church . moreover , it being certain that gregory the great of most blessed memory hath introduced to the people of england , and taught to their kings the law of the gospel , and the respect of apostolical authority ; we , as inferior to him in holiness and vertue , but equal in name and degree of dignity , think it very reasonable , that we following his blessed footsteps , should endeavor the salvation of those provinces , especially at this time when you design ( most noble prince ) elevates us to the hope of an extraordinary advantage . therefore as you have directed your journey to spain towards the catholick king , with desire to ally your self to the house of austria , we do commend your design , and indeed do testifie openly in this present business , that you are he that takes principal care of our prelacy : for seeing that you desire to take in marriage the daughter of spain , from thence we may easily conjecture , that the antient seeds of christian piety which have so happily flourished in the hearts of the kings of great britain , may ( god prospering them ) revive again in your soul. and indeed it is not to be believed , that the same man should love such an alliance , that hates the catholick religion , and should take delight to oppress the holy chair . to that purpose we have commanded that most humble prayers be made continually to the father of lights , that he would be pleased to put you as a fair flower of christendom , and the onely hope of great britain , in possession of that most noble heritage which your ancestors purchased for you , to defend the authority of the soveraign high-priest , and to fight against the monsters of heresie . remember the days of old , enquire of your fathers , and they will tell you the way that leads to heaven , and what way the temporal princes have taken to attain to the everlasting kingdom . behold the gates of heaven opened ! the most holy kings of england , who came from england to rome accompanied with angels , did come to honor and do homage to the lord of lords , and to the prince of the apostles in the apostolical chair ; their actions and their examples being as so many voices of god , speaking and exhorting you to follow the course of the lives of those , to whose empire you shall one day attain . is it possible that you can suffer that the hereticks should hold them for impious , and condemn those whom the faith of the church testifies to reign in the heavens with iesus christ , and have command and authority over all principalities and empires of the earth ? behold how they tender you the hand of this truly happy inheritance , to conduct you safe and sound to the court of the catholick king , and who desire to bring you back again into the lap of the roman church ; beseeching with unspeakable sighs and groans the god of all mercy for your salvation , and do stretch out to you the arms of the apostolical charity to embrace you with all christian affection , even you that are her desired son , in shewing you the happy hope of the kingdom of heaven . and indeed , you cannot give a greater consolation to all the people of the christian world , then to put the prince of the apostles in possession of your most noble island , whose authority hath been held so long in the kingdom of britain for the defence of kingdoms , and for a divine oracle . the which will easily come to pass , and that without difficulty , if you open your heart to the lord that knocks ; upon which depends all the happiness of that kingdom . it is from this our great charity , that we cherish the praises of the royal name , and that which makes us desire that you and your royal father may be stiled with the names of deliverers and restorers of the antient and paternal religion of great britain . this is it we hope for , trusting in the goodness of god , in whose hands are the hearts of kings , and who causeth the people of the earth to receive healing , to whom we will always labour with all our power to render you gracious and favorable . in the interim take notice by these letters of the care of our charity , which is none other then to procure your happiness : and it will never grieve us to have written them , if the reading of them stir but the least spark of the catholick faith in the heart of so great a prince ; whom we wish to be filled with long continuance of joy , and flourishing in the glory of all vertues . given at rome in the palace of s. peter , the . of april , . in the third year of our popedom . gregorius p. p. xv. duci buckinghamiae . nobilis vir , salutem & lumen divinae gratiae . authoritas qua nobilitatem tuam in britanna regia florere accepimus , non modo meritorum praemium , sed virtutis patrocinium habetur . egregium plane decus , atque adeo dignum , cui populi illi addi cupiant diuturnitatem . verum vix dici potest quantus ei cumulus gloriae in orbe terrarum accederet , si ( deo favente ) foret catholicae religionis praesidium ; facultatem certe nancisceris , qua te eorum principum conciliis inserere potes , qui nominis immortalitatem adepti ad coelestia regna pervenerunt . hanc tibi à deo tributam , & à pontifice romano commendatam occasionem , ne elabi patiare , nobilis vir . non te praeterit , regalium consiliorum conscium , quo in loco britanna res hac aetate sit , quibusque spiritus sancti loquentis vocibus , principum tuorum aures quotidie personent . quae gloria esset nominis si te hortatore ac suasore , anglicani reges coelestem illius gloriae haereditatem recuperarent quam majores eorum amplissimam in iis regnis reliquerunt , divini cultus incrementa curando , & pontificiae authoritatis ditione , non solum tuenda , sed etiam propaganda ! multi fuerunt , atque erunt in posterum , quos benevolentia regum perituris divitiis locupletavit , & invidiosis titulis auxit ; atque ut id nobilitas tua consequatur , non ideo sempiternis laudibus nomen tuum memor posteritas colet ; at enim si consilia tua potentissimos reges populosque ad ecclesiae gremium reducerent ; scriberetur nomen tuum in libro viventium quos non tangit tormentum mortis ac te historiarum monumenta in eos sapientes referrent in quorum splendore reges ambulaverunt ▪ quibus autem te praesentis vitae solatiis & futurae praemiis remunetaretur deus ille , qui dives est in mise●icordia , omnes facile provident quibus nota est ars , & vis , qua regnum coelorum expugnatur . tantae te saelicitatis compotem fieri ut cupiamus efficit non solum pontificia charitas , ad cujus curas totius humani generis salus pertinet , sed etiam genetricis tuae pietas , quae cum te mundo peperie romanae etiam ecclesiae quam ipsa matrem suam agnovit iterum parere cupit : proin cum in hispanias profectionem paret dilectus filius religiosus vir didacus de la fuente , qui gravissima principum tuorum negotia in urbe fapienter administravit , ei mandavimus ut nobilitatem tuam adeat atque has apostolicas literas deferat quibus pontificiae charitatis magnitudo & salutis tuae cupido declaretur . cum ergo audire poteris sententiae nostrae interpretem , atque iis virtutibus instructum quae exterarum nationum amorem catholico etiam & religioso sacerdoti conci●lare potuerunt . ille quidem ea do te in hac orbis patria praedicavit , ut dignus sit quem singulari affectu complectaris & authoritate tua munias britannorum regum populorumque saluti & gloriae inservientem nos quidem patrem misericordiarum orabimus ut nobilitati tuae coelestis regni fores patefaciat & frequentia praebeat clementiae suae documenta . datum romae apud sanctam mariam majorem sub annulo piscatoris , die maii. , pontificatus nostri tertio . pope gregory to the d. of buckingham . right honorable , we wish you health and the light of gods grace . the authority which we understand you have in the court of england , is accounted not only the reward of merit , but the patronage of vertue . a remarkable honor indeed , and of such worth , that the people there ought to pray for its continuance : but it can scarce be exprest what an access of glory it would receive in the world , if by the grace of god it should become the safeguard of the catholick religion . you have the means to ingraft your self into the assembly of those princes , who having obtained an immortal name , have purchased the heavenly inheritance . suffer not , hononorable sir , this ocasion to slip out of your hands , afforded you by god , and recommended to you by the pope of rome . you are not ignorant ▪ as intimate in the kings counsels , in what condition the affairs of england are in this our age , and with what voices of the holy ghost speaking — the ears of your princes daily tingle . how greatly would you be renown'd , if by your perswasion and admonition the king of england should obtain the heavenly inheritance of that glory which their ancestors left them most ample in those kingdoms , by taking care of the increase of gods worship , and not only defending , but propagating the dominions of the pope's authority ! there have been , and will be many hereafter , whom the favor of kings hath much enriched with wealth that fadeth away , and honored with envious titles : and if your honor attain this , posterity will therefore adore your memory with everlasting praises : but if your advice should reduce potent kings and nations to the lap of the church , your name would be written in the book of the living , whom the pangs of death assault not , and the records of historians would number you among those sages in whose light and conduct kings have walked . and with what comfort of the present life , and reward of the future , that god who is rich in mercy would recompence you , they easily foresee who are acquainted with the skill and violence by which the kingdom of heaven is conquered : that we wish you to be partaker of so great happiness , not onely our papal charity moves us ( to whose care the salvation of mankinde belongeth ) but also the piety of your mother , who having brought you forth to the world , desires to bring you forth again to the church of rome , whom she acknowledges for her mother . therefore didacus de la fuente our beloved son , a fryer , who hath prudently managed the most important affairs of your princes here in rome , being to go to spain , we have commanded him to wait upon your honor , and to deliver you those apostolical letters to evidence the greatness of our papal charity , and our desire of your salvation . you may be pleased to hearken to him , as the interpreter of our minde , and one adorned with those vertues , which have been able to purchase the love of foreign nations to a catholick and a regular priest. truly he hath spoken such things of you in this country of the world , that he is worthy whom you should cherish with a singular affection , and protect with your authority , as one studious of the glory and safety of the king and people of great britain . we will pray the father of mercies , that he would open the doors of the kingdom of heaven to your honor , and afford you frequent evidences of his clemency . given at rome apud sanctam mariam majorem sub annulo piscatoris , maii , . being the first year of our reign the prince of wales returned this following answer to the popes letter ( according to a copy preserved by some then in spain at the treaty . ) carolvs princeps gregorio p.p. xv. sanctissime pater , beatitudinis vestrae litteras non minore gratitudine & observantia accepimus , quam exigat ea qua novimus exaratas insignis benevolentia , & pietatis affectus . atque illud imprimis gratum fuit , nunquam satis laudata majorum exempla inspicienda nobis à vestra sanctitate atque imitanda fuisse proposita : qui licet multoties omnium fortunarum & vitae ipsius discrimen adiverint , quo fidem christianam latius propagarent , haud tamen alacriori animo in infestissimos christi hostes , crucis christi vexilla intulerunt , quam nos omnem opem & operam adhibebimus ut quae tam diu exaltavit pax & unitas , in christianam rempublicam postliminio reducatur . cum enim discordiarum patris malitia inter illos ipsos qui christianam profitentur religionem tam infelicia seminarit dissidia , hoc vel maxime necessarium ducimus ad sacrosanctam dei & salvatoris christi gloriam faelicius promovendam . et minori nobis honori futurum existimabimus , tritam majorum nostrorum vestigiis insistentes viam , in piis ac religiosis susceptis illorum aemulos atque imitatores extitisse , quam genus nostrum ab illis atque originem duxisse . atque ad idem nos istud plurimum in●lammat perspecta no●is domini regis ac patris nostri voluntas , & quo flagrat desiderium ad tam sanctum opus porrigendi manum auxiliatricem , tum qui regium pectus exedit dolor , cum perpendit quam saevae exoriantur strages , quam deplorandae calamitates ex principum christianorum dissensionibus . judicium vero quod sanctitas vestra tulit de nostro cum domo ac principe catholico affinitatem & nuptias contrahendi desiderio , & charitati vestrae est consentaneum , nec a sapientia invenietur alienum . nunquam tanto quo ferimur studio , nunquam tam arcto & tam indissolubili vinculo ulli mortalium conjungi cuperemus , cujus odio religionem prosequeremur . quare sanctitas vestra illud in animum inducat , ea modo nos esse semperque futuros moderatione , ut quam longissime abfuturi simus ab omni opere quod odium testari possit ullam adversus religionem catholicam romanam : omnes potius captabimus occasiones quo leni benignoque rerum cursu sinistrae omnes suspiciones e medio penitus tollantur . ut sicut omnes unam individuam trinitatem , & unum christum crucifixum confitemur , in unam fidem unanimiter coalescamus : quod ut assequamur , labores omnes atque vigilias , regnorum etiam atque vitae pericula parvi pendimus . reliquum est ut quas possumus maximas , pro literis quas insignis muneris loco ducimus , gratias agentes , sanctitati vestrae omnia prospera & faelicitatem aeternam comprecamur . datum matriti , iunii . . prince charles to pope gregory xv. most holy father , we have received your letter with no less thankfulness and respect , then is due to the singular good will and godly affection wherewith we know it was written . it was most acceptable unto us , that the never enough renowned examples of our ancestors were proposed to us by your holiness for our inspection and imitation ; who though they often hazarded their lives and fortunes to propagate the christian faith , yet did they never more chearfully display the banners of the cross of christ against his most bitter enemies , then we will endeavor to the utmost , that the peace and union which so long triumphed , may be reduced into the christian world , after a kinde of elimination or exile . for since the malice of the father of discords hath sowed such unhappy divisions amongst those who profess the christian religion , we account this most necessary thereby to promote with better success , the glory of god and christ our saviour ; nor shall we esteem it less honor to tread in their footsteps , and to have been their rivals and imitators in holy undertakings , then to have been discended of them . and we are very much encouraged to this , as well by the known inclination of our lord and father , and his ardent desire to lend a helping hand to so pious a work , as by the anguish that gnaws his royal brest , when he considers what cruel destructions , what deplorable calamities arise out of the dissentions of christian princes . your holiness conjecture of our desire to contract an alliance and marriage with a catholick family and princess , is agreeable both to your wisdom and charity ; for we would never desire so vehemently to be joyned in a strict and indissoluble bond with any mortal whatsoever , whose religion we hated . therefore your holiness may be assured , that we are , and always will be of that moderation , as to abstain from such actions which may testifie our hatred against the roman catholick religion ; we will rather embrace all occasions whereby through a gentle and fair procedure all sinister suspitions may be taken away ; that as we all confess one individual trinity , and one christ crucified , we may unanimously grow up into one faith. which that we may compass , we little value all labor and watchings , yea , the very hazard of our lives . it remains , that we render thanks to your holiness for your letter , which we esteem as a singular present , and wish your holiness all prosperity and eternal happiness . dated at madrid . iunii , . orations , processions , and pompous shews were made in spain , to allure the prince to popery ; popish books were dedicated , and popish pictures presented to him . they carried him to the most religious places , and to persons famous for pretended miracles . and they shew him of what importance his conversion is , to the gaining of a large entrance into the infanta's affection , and a smooth path to this catholick marriage . and in case a rebellion in england should follow his change of religion , they offer an army to subdue the rebels . but the prince remained stedfast in his religion ; neither did he express any shew of change . but as to the interior carriage of affairs , notwithstanding his splendid entertainment to the height of princely state , yet in the main business he was meanly dealt with , and in his addresses to the infanta , unworthily restrained and undervalued . the dispensation sticks long in the birth , but after a tedious travel , it was brought forth : mr. george gage advertised the king from rome , that the cardinals made mention of him in most honorable language , and had a firm opinion , that the former rigor towards catholicks , hath risen from others , but the graces vouchsafed to them from himself ; and they were now confident that such potent intercessions having been made with him , and all civil jealousies removed , he will not onely command a real performance of what is promised , but according to his own loyal heart , will enlarge the benefit . furthermore , he assured the king , that such difficulties as were already spent , and were yet to come , have been laid hold on by the cardinals ; neither to frustrate , nor prolong this treaty , but ou● of an opinion , that otherwise they could not secure their consciences , proceed upon a just and valuable ground , and satisfie the judgments of such discreet persons , as may in times to come , understand the passages of this great business . so the long solicited dispensation came from pope gregory the fifteenth , to the court of spain . but whereas it was expected full and absolute , it came with a clog , a clause thrust in of purpose to retard the proceedings . that whereas there were certain articles condiscended unto by the king of england , in favor of the roman catholicks in his dominions , caution should be given for the performance of those concessions . the king answered , that he could give no other caution , then his own and the princes oath , exemplified under the great seal of england . but this would not satisfie , unless some sovereign catholick prince would stand engaged for them . hereupon the frame of things was like to fall a sunder , and a rumor went , that the prince intended to get away covertly . amidst the heats of this dispute , olivares ( whither in a humor or good earnest ) propounded three ways of accomodation : the first was , that prince charls should become catholick . the second , that the infanta should be delivered to him upon the former security , without further condition . the third was , to binde him as fast as they could , and not trust him with any thing . and of these three ways , he said , the two former were good , but the last was a bad one . at length the king of spain proffered to engage himself by oath on the behalf of the king and prince for the performance of the articles . provided , that he first consult with his ghostly fathers , whither he might do it with a safe conscience . this was a fair contrivance , whereby that king might not onely oblige our king and prince , but lay the ground-plot of a fair pretence of war against england , if the roman catholicks received not satisfaction in the enjoyment of the freedom promised . besides he would form a party in these dominions to a dependance upon his protection . a iuncto of divines were called to determine upon the case , and they go very gravely and tediously to work , and protract the time almost beyond the bounds of the princes patience ; but they conclude at last affirmatively . and in case the king of england fail to execute what was stipulated , the king of spain was to vindicate his oath , and right himself by the sword. then was the match declared publickly , and the prince had frequent access to the infanta , yet always in a publick manner , and in the kings presence . whilest these things were forging in spain , there were not wanting such as warned the king , and tendred safer counsels . the archbishop of canterbury was bold to press him close in this serious letter . may it please your majesty , i have been too long silent , and am afraid by my silence i have neglected the duty of the place it hath pleased god to call me unto , and your majesty to place me in : but now i humbly crave leave , i may discharge my conscience towards god , and my duty to your majesty ; and therefore i beseech you freely to give me leave to deliver my self , and then let your majesty do with me what you please . your majesty hath propounded a toleration of religion , i beseech you take into your consideration what your act is , what the consequence may be . by your act you labor to set up the most damnable and heretical doctrine of the church of rome , the whore of babylon : how hateful it will be to god , and grievous to your good subjects , the professors of the gospel , that your majesty who hath often disputed , and learnedly written against those heresies , should now shew your self a patron of those wicked doctrines which your pen hath told the world , and your conscience tells your self , are superstitious , idolatrous , and detestable . and hereunto i adde what you have done in sending the prince into spain without consent of your council , the privity and approbation of your people : and although you have a charge and interest in the prince , as son of your flesh ; yet have the people a greater , as son of the kingdom , upon whom next after your majesty are their eyes fixed and welfare depends ; and so tenderly is his going apprehended , as ( believe it ) however his return may be safe ; yet the drawers of him into this action , so dangerous to himself , so desperate to the kingdom , will not pass away unquestioned , unpunished . besides , this toleration which you endeavor to set up by your proclamation , cannot be done without a parliament , unless your majesty will let your subjects see that you will take unto your self ability to throw down the laws of your land at your pleasure . what dread consequence these things may draw afterward , i beseech your majesty to consider , and above all , lest by this toleration and discountenancing of the true profession of the gospel , wherewith god hath blessed us , and this kingdom hath so long flourished under it , your majesty do not draw upon this kingdom in general , and your self in particular , gods heavy wrath and indignation . thus in discharge of my duty towards god , to your majesty , and the place of my calling , i have taken humble leave to deliver my conscience . now sir , do what you please with me . the king would not admit any motion of drawing back , but in going forward , he would yield to all demands , and was accordingly scrued up to the greatest height . so at last the difficulties in rome and spain were all surmounted ; and then these following articles [ stiled by the cardinals , propositions for the right augmentation and weal of the roman catholick religion ] were sworn unto by the king , prince and privy council . i. that the marriage be made by dispensation of the pope , but that to be procured by the endeavor of the king of spain . ii. that the marriage be once onely celebrated in spain , and ratified in england , in form following . in the morning after the most gratious infanta hath ended her devotions in the chappel , she and the most excellent prince charls , shall meet in the kings chappel , or in some other room of the palace , where it shall seem most expedient ; and there shall be read all the procurations , by vertue whereof the marriage was celebrated in spain ; and as well the most excellent prince , as the most excellent infanta , shall ratifie the said marriage celebrated in spain , with all solemnity necessary for such an act ; so as no ceremony or other thing intervene , which shall be contrary to the roman catholick apostolick religion . iii. that the most gratious infanta , shall take with her such servants and family as are convenient for her service ; which family , and all persons to her belonging , shall be chosen and nominated by the catholick king : so as he nominate no servant which is vassal to the king of great britain , without his will and consent . iv. that as well the most gratious infanta , as all her servants and family , shall have free use and publick exercise of the roman catholick religion , in manner and form as is beneath capitulated . v. that she shall have an oratory and decent chappel in her palace ; where , at the pleasure of the most gratious infanta , masses may be celebrated ; and in like manner she shall have in london , or wheresoever she shall make her abode , a publick and capacious church near her palace , wherein all duties may be solemnly celebrated , and all other things necessary for the publick preaching of gods word , the celebration and administration of all the sacraments of the catholick roman church , and for burial of the dead , and baptizing of children . that the said oratory , chappel , and church , shall be adorned with such decency as shall seem convenient to the most gratious infanta . vi. that the men-servants and maid-servants of the most gratious infanta , and their servants , children , and descendents , and all their families of what sort soever serving her highness , may be freely and publickly catholicks . vii . that the most gratious infanta , her servants and family , may live as catholicks in form following . that the most gratious infanta shall have in her palace , her oratory and chappel so spatious , that her said servants and family may enter and stay therein ; in which there shall be an ordinary and publick door for them , and another inward door , by which the infanta may have a passage into the said chappel , where she and other as abovesaid may be present at divine offices . viii . that the chappel , church , and oratory , may be beautified with decent ornaments of altars , and other things necessary for divine service , which is to be celebrated in them according to the custom of the holy roman church ; and that it shall be lawful for the said servants and others , to go to the said chappel and church at all hours , as to them shall seem expedient . x. that the care and custody of the said chappel and church shall be committed to such as the lady infanta shall appoint , to whom it shall be lawful to appoint keepers , that no body may enter into them to do any undecent thing . xi . that to the administration of the sacraments , and to serve in chappel and church aforesaid , there shall be four and twenty priests and assistants , who shall serve weekly or monethly , as to the infanta shall seem fit , and the election of them shall belong to the lady infanta , and the catholick king. provided , that they be none of the vassals of the king of great britain , and if they be , his will and consent is to be first obtained . xii . that there be one superior minister or bishop , with necessary authority upon all occasions which shall happen belonging to religion ; and for want of a bishop , that his vicar may have his authority and jurisdiction . xiii . that this bishop or superior minister , may correct and chastise all roman catholicks who shall offend , and shall exercise upon them all jurisdiction ecclesiastical : and moreover also the lady infanta shall have power to put them out of her service , whensoever it shall seem expedient to her . xiv . that it may be lawful for the lady infanta and her servants , to procure from rome , dispensations , indulgences , jubilees , and all graces , as shall seem fit to their religion , and consciences , and to get and make use of any manner of catholick books whatsoever . xv. that the servants and family of the lady infanta , who shall come into england , shall take the oath of allegiance to the king of great britain : provided , that there be no clause therein which shall be contrary to their consciences , and the roman catholick religion ; and if they happen to be vassals to the king of great britain , they shall take the same oath that the spaniards do . xvi . that the laws which are or shall be in england against religion shall not take hold of the said servants ; and onely the foresaid superior ecclesiastical catholick may proceed against ecclesiastical persons , as hath been accustomed by catholicks : and if any secular judge shall apprehend any ecclesiastical person for any offence , he shall forthwith cause him to be delivered to the aforesaid superior ecclesiastick , who shall proceed against him according to the canon law. xvii . that the laws made against catholicks in england , or in any other kingdom of the king of great britain , shall not extend to the children of this marriage ; and though they be catholicks , they shall not lose the right of succession to the kingdom and dominions of great britain . xviii . that the nurses which shall give suck to the children of the lady infanta , ( whither they be of the kingdom of great britain , or of any other nation whatsoever ) shall be chosen by the lady infanta , as she pleaseth , and shall be accounted of her family , and enjoy the priviledges thereof . xix . that the bishop , ecclesiastical and religious persons of the family of the lady infanta , shall wear the vestment and habit of their dignity , profession , and religion , after the custom of rome . xx. for security that the said matrimony be not dissolved for any cause whatsoever : the king and prince are equally to pass the word and honor of a king ; and moreover , that they will perform whatsoever shall be propounded by the catholick king for further confirmation , if it may be done decently and fitly . xxi . that the sons and daughters which shall be born of this marriage , shall be brought up in the company of the most excellent infanta , at the least , until the age of ten years , and shall freely enjoy the right of successions to the kingdoms as aforesaid . xxii . that whensoever any place of either man-servant , or maid-servant , which the lady infanta shall bring with her ( nominated by the catholick king her brother ) shall happen to be void , whether by death or by other cause or accident , all the said servants of her family are to be supplied by the catholick king as aforesaid . xxiii . for security that whatsoever is capitulated , may be fulfilled , the king of great britain , and prince charls are to be bound by oath ; and all the kings council shall confirm the said treaty under their hands : moreover the said king and prince are to give their faiths in the word of a king , to endeavor , if possible , that whatsoever is capitulated , may be established by parliament . xxiv . that conformable to this treaty , all these things proposed , are to be allowed and approved of by the pope , t●at he may give an apostolical benediction , and a dispensation necessary to effect the marriage . the oath taken by the king and prince , was as followeth . we ratifying and confirming the aforesaid treaty , and all and every capitulation contained , and specified in the same , do approve , applaud , confirm , and ratifie of our certain knowledge , all and every of these things in as much as they concern our selves , our heirs , or our successors : and we promise by these presents in the word of a king , to kéep , fulfil , and observe the same ; and to cause them to be kept , fulfilled and observed inviolably , firmly , well and faithfully , effectually , bona fide , without all exception , and contradiction . and we confirm the same with an oath , upon the holy evangelists , in the presence of the illustrious and noble john de mendoza , charls de colona , ambassadors of the most gratious catholick ●ing , residing in our court. in testimony and witness of all and every the premises , we have caused our great seal to be put to those articles subscribed by our hands there , in the presence of the most reverend father in christ , george archbishop of canterbury , primate of all england , and the reverend father in christ , john bishop of lincoln , lord kéeper of the great seal of england , lionel cranfield , cheif treasurer of england , henry uiscount mandevil , president of our council , edward earl of worcester , kéeper of the privy seal , lewis duke of richmond , and lenox lord steward of our houshold , james marquess hamilton , james earl of carlisle , thomas earl of kelly , oliver uiscount grandeson , &c. and george calvert , knight , one of our cheif secretaries of state , and all of our privy council . given at our palace of westminster , &c. jacobus rex . after this the king did swear to certain private articles , in favor of papists , and for the advancement of the roman religion . james by the grace of god of great britain king , defender of the faith , &c. to all to whom this present-writing shall come , gréeting . inasmuch as among many other things which are contained within the treaty of marriage betwéen our most dear son charls prince of wales , and the most renowned lady donna maria sister of the most renowned prince and our welbeloved brother philip the fourth king of spain , it is agréed , that we by our oath shall approve the articles under-expressed to a word : . that particular laws made against roman catholicks , under which other vassals of our realms are not comprehended , and to whose observation all generally are not obliged ; as likewise general laws under which all are equally comprised , if so be they are such which are repugnant to the romish religion , shall not at any time hereafter by any means or chance whatsoever directly or indirectly be commanded to be put in execution against the said roman catholicks ; and we wil cause that our council shall take the same oath as far as it pertains to them , and belongs to the execution which by the hands of them & their ministers is to be exercised . . that no other laws shall hereafter be made anew against the said roman catholicks , but that there shall be a perpetual toleration of the roman catholick religion within private houses throughout all our realms and dominions , which we will have to be understood as well of our kingdoms of scotland and ireland as in england ; which shall be granted to them in manner and form as is capitulated , decreed & granted in the article of the treaty concerning the marriage . . that neither by us , nor by any other interposed person whatsoever , directly or indirectly , privately or publikely , will we treat ( or attempt ) any thing with the most renowned lady infanta donna maria , which shall be repugnant to the romish catholick religion ; neither will we by any means perswade her that she should ever renounce or relinquish the same in substance or form , or that she should do any thing repugnant or contrary to those things which are contained in the treaty of matrimony . . that we and the prince of wales will interpose our authority , and will do as much as in us shall lie , that the parliament shall approve , confirm and ratifie all and singular articles in favor of the roman catholicks , capitulated between the most renowned kings by reason of this marriage ; and that the said parliament shall revoke and abrogate particular laws made against the said roman catholicks , to whose observance also the rest of our subjects and vassals are not obliged ; as likewise the general laws under which all are equally comprehended , to wit as to the roman catholicks , if they be such as is aforesaid , which are repugnant to the roman catholick religion ; and that hereafter we will not consent that the said parliament should ever at any time enact or write any other new laws against roman catholicks . moreover i charls prince of wales engage my self ( and promise that the most illustrious king of great britain , my most honored lord and father , shall do the same both by word and writing ) that all those things which are contained in the foregoing articles , and concern as well the suspension as the abrogation of all laws made against the roman catholicks , shall within thrée years infallibly take effect , and sooner if it be possible , which we will have to lie upon our conscience and royal honor . that i will intercede with the most illustrious king of g. britain my father , that the ten years of the education of the children which shall be born of this marriage , with the most illustrious lady infanta their mother , accorded in the art. ( which term the pope of rome desires to have prorogued to twelve years ) may be lengthened to the said term ▪ and i promise fréely and of my own accord , and swear , that if it so happen that the entire power of disposing of this matter be d●volved to me , i will also grant and approve the said term . furthermore i prince of wales oblige my self upon my faith to the catholick king , that as often as the most illustrious lady infanta shall require that i should give ear to divines or others whom her highness shall be pleased to employ in matter of the roman catholick religion , i will hearken to them willingly without all difficulty , and laying aside all excuse . and for further caution in point of the frée exercise of the catholick religion , and the suspension of the law above-named , i charls prince of wales promise and take upon me in the word of a king , that the things above promised and treated concerning those matters , shall take effect and be put in execution as well in the kingdoms of scotland and ireland , as of england . the privy-councellors oath was this : i a.b. do swear , that i will truly and fully observe , as much as belongeth to me , all and every of the articles which are contained in the treaty of marriage betwéen the most gracious charls prince of wales , and the most gracious lady donna maria , infanta of spain . likewise i swear , that i will neither commit to execution , nor cause to be executed either by my self , or by any inferior officer serving me , any laws made against any roman catholick whatsoever , nor will execute any punishment inflicted by any of those laws , but in all things which belong to me will faithfully observe his majesties word given in that behalf . but in the taking of the solemn publick oath , it is said there arose a difficulty between the king and the spanish ambassadors concerning the popes title , most holy ; which the king refused to pronounce openly in the chappel at whitehall , alleadging that it was repugnant to his religion , and might be an impeachment to his honor : but the ambassadors would proceed no further , till the king had yielded to give him that title . there was another rub , which the king soon removed . the ambassadors had heard , that in the kings chappel when they should come to see the swearing of the articles , they should be present at such prayers and singing as were used in the protestant church ; whereunto they declared that they could not yield , since the end of their coming thither was to maintain and warrant the catholick , apostolical , and roman church . whereupon the king commanded , that nothing should then be sung , but what was chanted when the constable of castile did swear the peace between the two crowns , which was a hymn of joy in praise of peace . at that time england had swarms of priests and jesuites , who were busie in drawing the people from the protestant religion : and a titular bishop of calcedon privately came to london , to exercise episcopal jurisdiction over the catholicks of this kingdom . 't is said that king iames had now so much confidence of the match , as to say openly in the court , that now all the devils in hell could not break it . in spain the infanta was stiled the princess of england , and was kept no longer in her virgin-retirements . in england a chappel was building for her at s. james , and don carlos de colona laid the first stone : her picture was every-where to be seen , and a fleet was prepared for her passage : and the greatest enemies to this alliance submitted to the kings will. but in all this capitulation between the two crowns , hitherto the restitution of the palatinate was laid aside ; the king conceiving that the consummation of the match would overrule and settle that affair to his entire satisfaction . in the height of the spanish treaty , there was a notable letter writ from mr. alured to the duke , perswading him not only to endeavor the breaking off the match with spain , but also the preventing of any match with a princess of a different religion . the parable in the gospel ( said he ) tells of a great king that married his son , and bade many thereunto ; yea , upon the excusal of some , and re●usal of others , all of whatsoever condition , as well out of the high-ways ( as the high-places ) were called and invited . as every true christian hath an interest in the marriage of that kings son of heaven , so every good subject , as well as every great subject , hath an interest in the marriage and welfare of the kings son here on earth . which occasions so many ( and me the meanest of those many ) to wish that it may bring with it glory to him on high , good will and peace to those on earth . which is much doubted cannot be from spain , since the motioning of that match makes a general fear , that it can neither be safe for the kings person , nor good for his church and commonwealth , because that thereby there may be an inlet to the romish locusts , who like the cankerworm may in an instant smite our gourd , under whose shadow we sit safe . to address this poor discourse to your lordships more particular : kings have almost ever used to have their favorites : alexander had long since his ephestion , and henry the third of france of late his espernon , and philip of spain had since his lermas . yea , the best princes have not wanted them : for after the reckoning of david's great officers , hushai the archyte is called the kings friend , and ira the iarite is set down to have been chief about david . which stands to reason , and agrees with nature : for every private man is left to affect as he likes ; neither can affection be forced . now to disallow or confine that in a king , which is left at liberty in the meanest subject , were preposterous and injurious : for though they command nations as they are kings , yet they are subject to their passions as they are men . and if i may alleadge it without misinterpretation of others , as i am free from ill meaning my self , who knows but christ , the rather to shew himself a natural man , expressed so much ●he more his passion in his often weeping , and his affection to divers particulars , but especially to s. john , if i may not say his favorite , certainly the disciple whom iesus loved more then any of the rest . it is gods blessing , and your happiness , if you account it so , to be the kings favorite . as peter therefore not presuming to ask christ who it was he spake of , beckoned to the disciple whom iesus loved , on whose breast he leaned , to ask for him ; so since most men neither may , or ought to be so bold to ask or advise the king in this business so much spoken of , yet they point at you , who the higher you are in the kings favor , the more you are in the peoples eye and observation , and they expect you will not be wanting in the duty of a subject , a councellor , and a favorite . we do not read of any servant almost better respected of his lord and master , then eliezar of damascus , whom abraham had meant , had he died childless , to have made his heir ; and we read not of any service he did abraham more , at least greater , then in choice of a wife for his son isaac . among the servants of our patriarch , the defender of our faith , we observe none better respected then your self ; for the king hath manifested , he loves not your person only , but takes care for your soul , and labors to make you as good as great , and as happy in another world , as high in this : yet we know not wherein you can do him better service , then with eliezar to help to choose a rebeccah for our hopeful prince . we have not heard ( said he ) of any protestant king that ever married with a contrary religion , save the last henry of navar with the last margaret of france : which marriage so unfortunate to the parties ( having never issue ) and being afterwards divorced , was also so fatal to our religion , that there was more blood spilt at those nuptials , then wine spent : for while the protestants dreamed of the glory and security they should have by the match , they were most miserably massacred . and who doubts but what the french papists committed in their own country upon that colour and occasion , the spanish papists would be glad to see done in this kingdom upon the like ? for without breach of charity we may doubt of their sincere meaning , though there be a treaty of a match : since in eighty eight , even while there was a treaty of peace , their armado came upon us . again , we shall find it was forbidden in the best people in the world , to marry with a differing religion . the injunction , the reason , and the effect are laid down in deuteronomy to the jews . and if we descend to our own books and chronicles , we shall find that god hath crossed ( if not cursed ) our alliance and association particularly with the spanish nation ; the position of that country , and the disposition of that people being as it were so malignant and ill-agreeing with us . the prince of the greatest performance that ever this kingdom or christendom had , was the black prince : yet our chronicle records , that going into spain to settle don pedro in that kingdom , besides the monstrous ingratitude and peafidiousness of the spaniard , who failed in the performance of those conditions he had promised , which caused the miserable revolt in france to the loss of our inheritance , the prince was so poisoned in that country , that he never had his health after . moreover he beseeched his lordship to observe , that all the marriages which the heirs and princes of this crown have made in england for these last six-score years , except the several second matches of henry the eight , have been onely and no-where else but with spain ; which how little god hath blest , the success shews . prince arthur married the spanish kings daughter : we know god took him away suddenly within a very small time , and without any issue . in a politick respect , we would yet make a second match ; so prince henry ( afterwards king ) married the same daughter : but doubtless god was less pleased with that match , which was less lawful ; and therefore god took away all the male-children of it , and left only a daughter , in whose short reign was shed more blood for the true religion in six years , then for the false in these succeeding sixty years . we made then a third adventure and marriage with spain , queen mary with king philip : which was so discontenting to the people , that it caused wyats rebellion ; so discomfortable to the queen , that it brake her heart , being left and neglected of her husband ; and so dishonorable and prejudicial to the kingdom , that merely for the spaniards sake , we having no difference at all with france , we lost calis in six days , which had been above two hundred years in our possession . he added lastly , though i have not so much judgment , nor so little wit as to presume to advise where to match ; yet i assume so much , as to think , a match at home cannot be held any ways inconvenient . we find the first and the last of our kings that ever matched with their subjects , were ed. . and hen. . from which two matches , god ( as it were to shew , the less we rely upon others abroad , the more he will help us himself at home ) gave two daughters , two elizabeths , two such queens , then which there were never two more blessed instruments of gods glory and this kingdoms good , by establishing peace in the land , and religion in the church , until his majesties happy coming who brought both with him . the french were very jealous of the conjunction between spain and england , and thought it the safest way to make peace at home , and imploy their strength to bound the incroachments of spain and the house of austria : by which means a bitter persecution ceased in that kingdom ; the protestants of france were permitted to call home their banished ministers , to build their ruined temples , and to enjoy their liberty in religion . this benefit did the kings closing with spain procure to a people almost ruined . but after all the kings concessions , the spaniards contrived new delays , and proposed harder terms . the pope had obliged the catholick king to see the conditions performed , and to protract the marriage , till matters in england were in perfect execution . whereupon the divines advise that king , that the promises of marriage be made presently , but the consummation thereof and the delivering of the infanta be deferred till may the year following . and the death of pope gregory did strengthen this contrivance : for the spanish ministers pretended , that in regard there was no contract , but a treaty only on foot , the dispensation which lay in the nuncio's hands was by the popes death suspended , and a ratification from the new pope was requisite before any further progress could be made . cardinal barberine was chosen successor to gregory the fifteenth , and took the name of urban the eight . soon after his election , he wrote these ensuing letters , the one to king iames , the other to prince charls . serenissimo iacobo magnae britanniae regi illustri , urbanus p. ● . viii . serenissime rex , salutem & lumen divinae gratiae . scotiae regnum quod inclytos terris reges , sanctissimosque coelo cives peperit , cum ad cardinalatus nostri patrocinium pertinuerit , laetitiae simul ac moeroris uberem nobis materiam afferebat . exultabamus gaudio , cogitantes in ea regione , quam romanorum arma expugnare omnino non potuerunt , romanae ecclesiae fidem feliciter triumphasse , scotumque regem nullum hactenus extitisse , qui pontificiae authoritatis hostis obierit . at enim vertebatur in luctum cythara nostra , cum ad praesentium temporum miserias , oculos lachrymis manantes converteremus : videmini enim , laborante discordiarum patre , obliti esse eum qui nutrivit vos , & contristati nutricem vestram hierusalem . quare apostolica sedes , quae populos istos jampridem christo genuit , moerore conficitur , dum tam praecla●am haereditatem verti videt ad extraneos , damnique sui magnitudinem britannorum regum laudibus istarumque provinciarum gloria metitur . id vero praeter caetera dolendum orbi christiano videtur , jacobum regem catholicorum regum prolem , & sanctissimae parentis filium , à pontifice maximo atque à majoribus suis in religionis cultu dissentire . si enim sublime istud ingenium , quod literarum studiis & prudentiae artibus rex celeberrimus excoluisti , affulgenti patri luminum assentiretur , facilè conjicit christiana respublica quanto publicae concordiae bono factum esset , ut nationes istas insulasque , aut montium claustris , aut oceani gurgitibus dissitas , scoticus rex imperio conjungeres . videtur enim majestas tua ob eam rem facta esse tot provinciarum domina , ut ab eo , cui parent , facilius celeriusque regna ista medelam ac salutem acciperent . quare assiduis precibus jam tum eum venerabamur , qui dat salutem regibus , ut to divinae clementiae beneficia , quibus in conspectu potentium admirabilis es , ad britanniae incolumitatem & ecclesiae gaudium conferret . affulsit autem nobis non ita pridem beata spes oriens ex alto , cum te austriacae affinitatis cupidum cognovimus , ex catholica matre progigni exoptantem eos , qui tuam haereditatem adire , populosque istos ditione tenere debent . proin vix dici potest , quod nobis solatium obtulit sanctissimae recordationis pontifex gregorius xv. praedecessor noster , dum nos in eorum cardinalium coetum ascivit quos anglicani matrimonii causam cognoscere voluit . enituit in nobis tantum negotium disserentibus singularis quaedam propensio in majestatem tuam , cujus cum faveremus laudibus , felicitati etiam consultum cupiebamus . nunc autem cum per apostolici senatus suffragia ad hanc stationem pervenimus , ubi pro omnibus terrarum regibus excubandum est , non satis explicare possumus quanta nobis cura & desiderium sit magnae britanniae , ac tanti regis dignitas . divinitus vero accidisse videtur , ut primae literae quae nobis in b. petri sede regnantibus redderentur , eae fuerint quas praedecessori nostro nobilissimus carolus walliae princeps scripserat , testes suae in romanos pontifices voluntatis . nunc autem cum venerabile illud conjugium , benedicente domino , perfici cupiamus , alloqui te decrevimus , nullis majestatis tuae literis expectatis . charitas enim pontificii imperii decus est ; & quamvis in sede hac potentissimorum regum obsequiis culti commoremur , magnificum tamen nobis existimamus , suadente charitate , ad humiles etiam preces descendere , dum animas christo lucremur : primum ergo credere omnino te volumus nullum esse in orbe christiano principem , à quo plura expectare possis paternae benevolentiae documenta , quàm à pontifice maximo , qui te desideratissimum filium apostolicae charitatis brachiis complecti cupio . scimus quibus te literis nuper ad tantum decus adipiscendum excitavit gregorius xv. cum in ejus locum venerimus , ejus in te propensionem non imitabimur solum , sed etiam superabimus . speramus enim nuntios è britannia propediem allatum iri , qui majestatem tuam rei catholicae favere testentur , catholicosque isthic commorantes , quos pater misericordiarum asseruit in libertatem ●iliorum dei , poenarum formidine liberatos , regali tandem patrocinio perfrui . remunerabitur ille qui dives est in misericordia , ejusdmodi consilium , illustri aliqua felicitate : tum nomini majestatis tuae plaudent regna terrarum , & militabunt acies coelestis exercitus : frendant licet dentibus suis peccatores , minetur seditione potens impietas , sperat europa se visuram jacobum regem in romana ecclesia triumphantem , & majorum suorum exempla novis pietatis operibus augentem . non diffidimus adesse jam tempus divini beneplaciti , quo illiqui britannicae religionis laudes monumentis consignant , non semper alterius seculi facta loquentur , sed praesentis etiam principatus decora consequentibus aetatibus proponere poterunt ad imitandum . majores illi tui te vocant , qui tibi tantae claritudinis & potentiae haereditatem reliquerunt , qui coelestis regni fores pontificiis clavibus generi humano patefieri crediderunt . certè fieri non potest , ut majestas tua tot saeculorum fidem , & regum de te praeclarè meritorum , judicium aut contemnere audeat , aut condemnare . nonne vides sententia majestatis tuae iis omnino coelum eripi , qui tibi regnum reliquerunt , dum eos in religionis cultu aberrasse contendis ? ita fieret , ut quos universa ecclesia cives coeli & cohaeredes christi in aeterna patria dominari credit , tu exipsorum sanguine prognatus tuo suffragio è coelo detraheres , atque in errorum abyssum , & poenarum carcerem detruderes . non sentis tanti cogitatione facinoris ingrati animi tui viscera perhorrescere ? nonne ejusmodi consiliis regalis ingenii indoles reclamitat ? quam tamen tot europae nationes , dum ab apostolica sede dissentit , reprehendere coguntur . alliciat oculos tuos tantae gloriae splendor , quae tibi è coelo caput ostentat , & manum porrigit , in sanctuarium dei britannos reges per te reductura , comitantibus angelis , hominibusque plaudentibus . jacebat olim in orbe terrarum deformata aerumnis christiana religio tyrannorum minas expavescens . eam vero non solum è latibulis eduxit , sed ad imperium etiam vocavit imperator ille , quem magnae britanniae debemus , constantinus magnus , pontificiae authoritatis propugnator , & romanae fidei assertor : hic aptum majestatis tuae regalis imitationis exemplar , non reges illi qui sunt transgressi dissipantes foedus sempiternum : in ejus gloriae societatem nos ex hac terrarum specula te vocamus , exoptissime fili. impone praeteritis annis diem unum , grata totius posteritatis memoria celebrandum . impone mitram capiti tuo honoris aeterni , ut te rerum potiente dicere cum sancto apostolo possimus , vidi in britannia coelum novum & civitatem novam descendentem de coelo , & super muros ejus angelorum custodiam . id si continget , pontificatus nostri tempora generi humano faelicia affulsisse arbitrabimur . coeterum tibi sollicitudinem hanc nostram adeo gratam fore existimamus , ut omnino speremus te his literis acceptis statim catholicorum isthic degentium commoda aucturum . quod si praestiteris , & nos tibi mirum in modum devinxeris , & majestati tuae tanti beneficii debitorem delegabimus ipsum regem regum ; qui dum regalem istam domum illustri aliqua faelicitate sospitabit , romanae ecclesiae votis annuet , & sacrorum antistitum gaudio consulet . datum romae apud sanctum petrum sub annulo piscatoris , die xv oct. mdcxxiii . pontificatus o. to the most illustrious prince iames king of great britain . most serene king , we wish you health , and the light of gods grace . when the kingdom of scotland which hath brought forth famous kings to earth , and most holy citizens to heaven , was under our protection whilst we were yet cardinal , it afforded us plentiful matter of joy and sorrow . we were exceeding joyful when we considered , that the faith of the roman church hath happily triumphed in that country which the roman armies could never conquer ; and that there was never yet king of scotland , who died an enemy to the popes authority . but our harp was turned into mourning , when we cast our eyes flowing with tears upon the miseries of the present times ; for you seem ( while the father of discords is active ) to have forgotten him who nourished you , and to have made sad your nurse ierusalem . wherefore the apostles seat which brought forth that people to christ , is pierced with sorrow , while it beholds so famous an inheritance to be given away to strangers , and measure the greatness of its loss by the praises of the british kings , and the glory of those dominions . but this above all ought most to be lamented by the christian world , that king james , the offspring of catholick kings , and the son of a most holy mother , should dissent from the pope of rome , and from his own ancestors in point of religious worship . for if those eminent parts which you a most famous prince have polished with learning and arts of prudence , would assent to the father of lights illuminating the christian world , we easily apprehend how much it would conduce to the publick peace , that being king of scotland , you should join in one kingdom those nations and islands divided either by the bars of the mountains , or by the depths of the ocean . for your majesty seems for that very reason to be made lord of so many provinces , that they might more easily and quickly receive healing and salvation from him whom they obey . wherefore we even then besought god by continual ●rayers , who gives salvation to kings , that so many blessings by his grace conferred upon you , by which you are admirable in the sight of potentates , might bring safety to britain , and joy to the church . a blessed hope from above not long ago shined upon us , when we understood that you were desirous of a catholick alliance , and that the ●ssue which should succeed in the inheritance and government of those nations might be begotten of a catholick mother . we can scarcely express how much joy gregory the fifteenth of blessed memory , our predecessor , brought us , when he made us one of the congregation of those cardinals whom he would have to take cognisance of the english match : while we discoursed of a matter of so great importance , we expressed a singular propension of mind towards your majesty , and were both tender of your praises , and desirous to provide for your happiness . and now being by the consent of the apostolical senate advanced to this station , where we are to watch and ward for all earthly monarchs , we cannot sufficiently declare what a care and desire we have of great britain , and the honor of so great a king. it seems to have been a special providence of god , that the first letters which we received reigning in the seat of s. peter , were those which the most noble charls prince of wales wrote to our predecessor , as a testimony of his affection to the popes of rome . and since we now desire that this venerable marriage should by the blessing of god be perfected , we resolved to write unto you , without expecting letters first from you ; for charity is the honor of the papal empire ; and although most powerful kings do homage to us in this seat , yet we account it glorious ( charity so perswading ) to descend to humble prayers , so that we may gain souls to christ. first therefore we desire you to perswade your self , that there is no prince in the christian world , from whom you can expect more evidence of fatherly affection then from the pope , who desires to embrace you a most desired son with the arms of apostolical charity . we know with what a letter gregory the fifteenth excited you to obtain so great a glory ; and since we have succeeded him , we will not only imitate his inclinations towards you , but will exceed them . we hope we shall shortly have news out of england , that your majesty is favorable to the catholick interest ; and that the catholicks who live there , whom the father of mercies hath vindicated into the liberty of the sons of god , being freed from the fear of punishment , enjoy your royal protection . he who is rich in mercy , will reward such a purpose with some signal happiness : the kingdoms of the earth will applaud your majesty , and the host of heaven will wage war for you : though sinners gnash their teeth , and impiety powerful to raise sedition threaten , yet europe hopes she shall see king james triumphing in the roman church , and increasing the example of his ancestors by new works of piety . we do not distrust that the time of gods good pleasure is now at hand , when they who recommend to history the praises of the british religion , shall not always speak of the deeds of another age , but may be able to propose the present government as a pattern of imitation to the ages following . your ancestors call upon you , who have left you so powerful and so famous an inheritance ; who believed that the gates of the kingdom of heaven were opened to mankind with the popes keyes . certainly it cannot be , that your majesty should dare either to contemn or condemn the belief of so many ages , and the judgment of so many kings , who have deserved well of you . do you not see , that by your majesties opinion they are deprived of heaven , who left you a kingdom , while you contend that they erred in the worship of their religion ? by this means it would be , that whom the universal church believes to be citizens of heaven , and to reign as coheirs with christ in that everlasting country , you who are descended of them should snatch them out of heaven , and thrust them into the bottomless pit of error , and the prison of hellish torments . do you not perceive your bowels yearn at the thought of so ungrateful an offence ? are not such deliberations repugnant to your royal temper ? which nevertheless so many nations of europe are forced to reprehend , while it dissents from the seat of the apostles . let the splendor of so great glory allure your eyes , which looks out of heaven upon you , and reaches you out a hand ready to reduce by your means the kingdom of britain into the sanctuary of god , with the conduct of angels and acclamations of men . a long time ago , christian religion lay all along in the world squalid and deformed with anguish , affrighted with the threats of tyrants : but that emperor whom we owe to great britain , constantine the great , the defender of the popes authority , and the avoucher of the roman faith , did not only bring her out of her lurking places , but called her to an empire . he is a fit pattern of imitation for your majesty ; not those kings who have transgressed and dissipated the everlasting covenant . we call you , o most wished for son , from this watch-tower of the world , into the society of his glory : adde one day to your past years , which all posterity may celebrate with a grateful memory . put a mitre of eternal glory upon your head , that in the time of your reign , we may say with the holy apostle , i have seen a new heaven in britain , and a new city descending from heaven , and a guard of angels upon her walls . if that should come to pass , we shall make reckoning , that our reign hath been happy to mankinde . this our sollicitude we believe will be so grateful unto you , that we verily hope upon the receipt of our letter , you will forthwith increase the advantage of the catholicks which live there : which if you shall do , you will exceedingly oblige us , and we shall consign to you the king of kings debtor of so great benefit , who so long as he shall preserve your royal family in eminent happiness , shall second the wishes of the roman church , and bring ioy to the holy prelates . dated at rome at st. peters , sub annulo piscatoris , octob. . the first year of our reign . nobilissimo viro carolo principi walliae , urbanus papa octavus . nobilissime princeps , salutem & lumen divinae gratiae . primae literae , quae nobis ad apostolatus solium elatis redditae sunt , illae fuerunt quas ad sanctissimae memoriae gregorium decimum-quintum praedecessorem nostrum ex hispania misisti . manus ad coelum sustulimus , & patri mise●icordiarum gratias egimus , cum in ipso nostri regiminis exordio pontificem romanum eo officii genere colere britannus princeps inciperet . singulari nostri quadam animi propensione rei anglicanae jamdiu favemus , quo factum est , ut in hoc antistitum ▪ conventu , & nationum patria , scoti tui , dum cardinalem ageremus , se in nostram potissimum fidem ac clientelam contulerint . patrocinium autem tam splendidae provinciae suscipientes , identidem majorum tuorum res gestas , & britannicarum insularum landes contemplabamur . eos antem quo illustriores orbi terrarum anteactae aetates ostentabant , eo ▪ nos impensius cupiebamus consimilibus christianae pietatis triumphis haec tempora illic insigniri . cum autem magnae britanniae rex , pater tuus , non minorem ex disciplinarum fama , quam ex potentiae vigloriam concupierit , optavimus semper , supra quam dicí potest , ei divinitus insignem aliquam offerri occasionem generis humani demerendi , & coelestis haereditatis adipiscendae . nunc autem advenisse tempus credimus quo votis nostris frui liceat , cum ad tantum decus potentissimo parenti aditum patefacere in praesens videaris , filius in maximarum rerum spem genitus . in ea enim sententia sumus ut arbitremur , tantum quo ●lagras , catholici conjugii desiderium , quandam dei te vocantis , & suaviter omnia disponentis , vocem esse . nam opus omnipotenti non est tonare semper voce magnitudinis suae , quia ipsa arcana consilia dirigentia mortales in viam salutis , verba sunt quibus aeterna sapientia loquitur , & jubentis numinis mandata declarat . quare omni semper studio elaboravimus , ut conjugium hoc honorabile , benedicente domino , perficeretur . hinc conjicere potes , non potuisse alium ad sacrum hoc rerum humanarum fastigium provehi , à quo plura sperate possis documenta benevolentiae & beneficentiae fructus . te enim principem nobilissimum pontificiae charitati commendant majores tui , haereticae impietatis domitores , & romanae hierarchiae non cultores modo , sed vindices . i● en●m cum dogmatum novorum portenta in ea septentrionalis oceani propugnacula irrumperent , impiorum conatus salutaribus armis compescuerunt , nec commutaverunt veritatem dei in mendacium . quod si , ut scribis , reipsa magis gloriaberis de avitae imitatione religionis , quam de regii sanguinis haereditate , facilè prospicimus quantam ejusmodi verba , in libro viventium exaranda , romanae ecclesiae laetitiam , & britannicis regnis faelicitatem polliceantur . haec à te beneficia desideratissime fili , exigit atque expectat venerandum illud regum scotorum concilium , quorum facta absque dubio condemnat qui ab illorum religione desciscit . hoc à te catholici totius europe reges ●●agitant ; quomodo enim eorum concordia potest votum esse solicitudinis tuae , donec ab eis in maxima re , id est , in sacrorum cultu dissentias ? romana ecclesia , quam magistram veritatis anglia tam diu coluit , cujus fidem tibi non invisam esse fateris , cupit tibi coelestis regni fores quam primum patefacere , & te in majorum tuorum possessionem reducere . cogita te nunc in hispania regia spectaculum esse factum deo & hominibus , semperque fore desiderium & curam pontificatus nostri . cave ne consilia eorum , qui terrenas rationes coelestibus anteferunt , obdurent cor tuum , nobilissime princeps laetifica tandem militiam coelestis exercitus , in tuis castris demicaturam , ac faventibus angelis , hominibusque plaudentibus , redi , fili exoptatissime , ad ecclesiae te cupientis amplexus , ut in matrimonio tuo gestientes gaudio canere possimus , dominus regnavit , & decorem indutus est . omnino qui catholicae virginis nuptias concupiscis , coelestem etiam illam sponsam tibi assumere debes , cujus forma se captum fuisse solomon ille regum sapientissimus gloriatur . haec enim sapientia est , per quam reges regnant , cujus dos est splendor gloriae , & principatus sempiternus . eam vero à terrarum contagione secretam , atque in sinu dei recubantem , in romanae ecclesiae sanctuario majores tui quaesiverunt . qui tibi has hortationes conscribimus , & benevolentiam pontificiam testamur , cupimus perpetuis historiarum monumentis nomen tuum commendari ; atque in eos principes referri , qui praeclare merentes in terra de regno coelesti , fiunt posteritati virtutis exemplar & votorum mensura . oramus patrem luminum , ut beata haec spes , qua nobis tanti principis reditum , deducente spiritu sancto , pollicetur , quam primum ferat fructus suos , & magnae britanniae salutem , totique orbi christiano pariat laetitiam . datum romae apud sanctum petrum sub annulo piscatoris , die octob. . pontificatus nostri anno primo . to the most noble prince charles , pope vrban the eight . most noble prince , we wish you health and the light of gods grace . the first letters which were delivered to us after we were preferred to the throne of the apostleship , were those which you sent out of spain to gregory the fifteenth of famous memory , our predecessor . we listed up our hands to heaven , and gave thanks to the father of mercies , when in the very entry of our reign , a british prince began to perform this kinde of obeissance to the pope of rome . we have been a long time favorable to england by a natural bent and inclination , whence it came to pass that your scotchmen recommended themselves to our especial trust and patronage in this assembly of prelates , and country of all nations , while we were yet cardinal . when we undertook the protection of so famous a kingdom , we did often contemplate the exploits of your ancestors , and the elogies of the british islands ; and by how much former ages did represent them more glorious ●o the world , by so much did we more earnestly desire that these times might there be made remarkable with the like triumphs of christian pie●y : and seeing the king of great britain , your father , loveth no less the glory of learning , then that of might and power ; we have always heartily wished above what we are able to express , that god would be pleased to put into his hand some eminent occasion , whereby to oblige mankinde , and obtain an eternal inheritance . and now we believe the time is come to enjoy our wishes , since you seem at present to open the way for so great a fame to your most noble father , a son begotten unto the hope of the greatest concernments ; for we are of opinion , that your so vehement desire of a catholick marriage , is a certain voice of god calling you , and disposing all things sweetly . for it is not necessary that the omnipotent should always thunder with the voice of his greatness ; because secret counsels themselves , directing men into the way of salvation , are words by which the eternal wisdom speaks and declares the command of a deity . wherefore we have ever endeavored to the utmost of our power , that this honorable marriage , by the blessing of god , might be finished . from hence you may perceive , that none could have been advanced to this heighth of humane affairs , from whom you may expect more expressions of good will or fruits of bounty . for your ancestors which tamed heretical impieties , and not onely revered , but vindicated the roman hierarchy , do recommend you a most noble prince to the papal charity : for when monsters of new opinions broke into the bulwarks of the northern ocean , they bridled the endeavors of the wicked with wholesome arms , and did not change the truth of god into a lye . and if you , as you write , shall in good earnest glory more in the imitation of your ancestors , then that you are descended of kings , we easily foresee how great joy to the church of rome and how great felicity to the british kingdoms these words do promise , which deserve to be written in the book of life . such good turns , o most desired son , the venerable assembly of the scotish kings exacts and expects from you ; whose actions without doubt he condemns , who revolts from their religion . the catholick kings of all europe require this of you ; for how can their concord be the vow of your care , as long as you dissent from them in a matter of the greatest importance , that is , in the veneration of holy rites ? the roman church which england reverenced long ago , as the mistress of truth , whose belief you confess you hate not , desires forthwith to open unto you the gates of the heavenly kingdom , and to bring you back into the possession of your ancestors . think that now in spain you are become a spectacle to god and men , and that you shall always be the desire and care of our reign . take heed most noble prince , that the counsels of those who prefer worldly interests before heavenly , do not obdure your heart . make glad the host of heaven which will fight in your camps ; and return , o most wished for son , into the embraces of the church which desires you with the applause and favor of men and angels ; that so rejoycing in your marriage , we may sing with joy , the lord hath reigned and put on comeliness . certainly you who desire the marriage of a catholick virgin , ought to espouse the heavenly bride , with whose beauty solomon the wisest of kings , boasts himself to have been enamored . for this is the wisdom by which kings reign , whose dowry is the splendor of glory , and an eternal principality , and your ancestors sought her in the sanctuary of the roman church , severed from the contagion of the world , and reposing in the wisdom of god. we who write to you this exhortation , and testifie our papal charity , desire to have your name renowned in the histories of all ages , and that you may be recorded amongst those princes , who deserving well on earth of the kingdom of heaven , are become the example of vertue to posterity , and the measure of wishes . we beseech the father of lights , that this blessed hope by which he promiseth us the return of so great a prince , by the conduct of the holy ghost , may forthwith fructifie and bring salvation to great britain , and joy to all the christian world. dated at rome at st. peters sub annulo piscatoris , die octob. . in the first year of our reign . notwithstanding this great business of state began to look with an ill aspect , by the concurrence of various passages tending to a rupture of the treaty . in england the spanish ambassadors demands grew high and peremptory ; yet the king to give them content , directed the lord keeper and other commissioners to draw up a pardon of all offences past , with a dispensation for those to come , to be granted to all roman catholicks obnoxious to any laws against recusants ; and then to issue forth two general commands under the great seal of england : the one to all judges and justices of peace ; and the other to all bishops , chancellors , and commissaries , not to execute any statute against them . the general pardon was passed in as full and ample manner as themselves could desire , or pen it : but to that vast prohibition to the judges and bishops , some stop was made by the advice of the lord keeper , for these reasons . first , because the publishing of this general indulgence at one push , might beget a general discontent , if not a mutiny ; but the instilling thereof into the peoples knowledge by little and little , by the favors done to particular catholicks , might indeed loosen the tongues of a few particular persons , who might hear of their neighbors pardon , and having vented their dislikes , would afterwards cool again ; and so his majesty might with more conveniency by degrees inlarge his favors . secondly , because to forbid the judges against their oaths , and the justices of peace , who are likewise sworn to execute the law of the land , is a thing unpresidented in this kingdom , and would be a harsh and bitter pill to be digested without some preparative . the two ambassadors with much ado consented , that the matter should rest till the end of six moneths , or the infanta's arival ; yet they did it with a shew of discontent , as if the king performed nothing . the disaffection of these ministers was supposed to be one rub in the way of this alliance . and on the other side , some of the princes followers in spain , being zealous of the protestant religion , disliked the match , and shewed their aversness to it . sir edmund verney struck an english man , a sorbon doctor , a blow under the ear , for visiting and laboring to pervert one of the princes pages , who was sick of a mortal feaver . divers derided the popish ceremonies , and spanish garb , and slighted the country , and some committed irreverent actions in the kings own chappel . hereupon they began to disgust the english , and to rail at gondomar for informing the king and state , that the prince might be made a catholick . moreover those many irish that subsisted by pensions from the crown of spain , did no good offices ; and the french and venetian ambassadors in that court , were conceived not to be idle : but there were greater things then these . the duke of buckingham , the princes companion and guardian , was much disrelished by the court of spain . his french garb , the height of his spirit , and his over-great familiarity with the prince , were things opposite to the way , and temper of that grave , sober , and wary people . and the council of spain took exceptions , that he should come with such a superintendent power in that great affair , among so many grave statesmen , to the prejudice of so able a minister as the earl of bristol , who had laid the first stone in that building : whereupon his power was called in question , and found imperfect , in regard it was not confirmed by the council of england : moreover , the duke lay open to some affront , which inraged him sore against the conde olivares ; and things grew to that extremity between the duke and that kings ministers , that they did not stick to say , that they would rather put the infanta headlong into a well , then into his hands . nevertheless , in the prince himself they observed an extraordinary well staid temper and grave comportment . in the present action , buckingham and bristol ran different ways with great animosity : bristol had the advantage in spain , yea , in the court of england he had gained a great esteem and powerful party , and had wrought himself into the kings opinion by his strenuous negotiation and pleasing services . as concerning the dukes demeanor , the opinions in england were very different : by the people in general who loathed the match , he was favored for his care of his king , prince , and country ; but by the court he was much maligned and censured , as the occasion of those delays , by diverting and changing the ways wherein they began to treat : but the king himself was very reserved , either still loving the duke , or over-awed by his intimacy and power with the prince . for in all occurrences the prince closed with him , and seemed to give him a large room in his heart . now the dukes friends at court pressed him to return speedily , and by all means with the prince , and assured him , that the longer he stayed there , the stronger he made his enemies , and himself the weaker . and buckingham well observed , that he had little obligation to spain , and had reason to seek some surer props to uphold his greatness . and to draw him further off , the secretary of the prince palatine coming to madrid , under pretence of praying the duke to be god-father to one of his masters children , labored to engage him against the marriage : for the palatine could not relie on the new overture of marriage between his eldest son , and the emperors yongest daughter , it being a labyrinth out of which no thred would guide him , were the proposals already granted : for being an act of so many various parts , as the pope , the emperor , the king of spain , the duke of bavaria , and divers others , it must needs be full of tedious intricacies . what money or other conditions could be offered , that were like to satisfie the honor , humor , and huge expence of the bavarian , for quitting his conquest to an irreconcileable neighbor ? what forein alliance is able to perswade the emperor , who hath changed all tenures of election into succession , and shaken the antient freedom of the german princes , that he should revive his enemies dead forces to the prejudice of all that he enjoys , or aspires unto ? would the pope be won to suffer heidelburgh , which he accounted the most dangerous nest of hereticks after geneva , to return to her former strength ? besides the education of the palsgraves son in the emperors court , and the sequestration of his country , during his sons nonage , would be required as necessary to that conjunction . by this time the king must needs be full of jealousies , and the princes patience well nigh spe●t by the spaniards intricate proceedings ; for the divines insisted stifly , that the consummation of the marriage , and the delivering of the infanta , should be deferred to the next year ; which seemed a rigorous proposal . howbeit , that king promised to abate the rigor , and engaged himself to accomplish the marriage at christmas following , i● the prince would continue there so long . but the resolution touching the delivering of the infanta , was unalterable . the english papists apprehending that a rupture was like to follow , were much perplexed : a great stickler , sir toby matthews by name , did press his catholick majesty to give the prince some foot of ground , upon which he might be able to stand with honor , in complying with that extraordinary affection which he beareth to the infanta . moreover he protested to him , that if the catholicks of these dominions should grow liable to persecution or affliction by the occasion of this breach , through the disgust of the king and his council , or through the power which the puritans assembled in parliament will infallibly have with him , that blood or misery may be partly required at their hands who have advised his majesty not to accept those large conditions which the king and prince had condescended unto , and that more then moral security which they had offered for the performance thereof . now the prince is thinking to leave the court of spain , and they say he wrote to his father a letter of high despair , wherein was this passage , you must now sir look upon my sister and her children , never thinking more of me , and forgetting that ever you had such a son : whereupon king iames sent swift dispatches to hasten his return . the king and council of spain seemed to be startled at these resolutions , and his majesty importuned the prince , that having staid so many years for a wife , he would stay some few moneths longer : and if he pleased to give way that the infanta's journey might be put off till the following spring , he would give him a blank to write his own conditions touching the surrender of the palatinate . but when his highness urged reasons for his departure , they took the matter in debate afresh , and consented upon oath first given , as well by his catholick majesty , as by the prince , to accomplish the marriage , and to make the espousals within ten days after the ratification should come from rome : to which purpose the prince made a procuration to the king of spain , and don carlos his brother , to make the espousals in his name , and left it in the earl of bristols hands . nevertheless he left in the hand of one of the dukes creatures , a private instrument , with instructions to be delivered to the earl of bristol , to stay the delivery of the proxies , till further direction from him , pretending , that the infanta might retire into a cloister , and defraud him of a wife . but these instructions were to be concealed from the earl till the ratification came from rome . the duke not regarding a ceremonious farewel at court , departed hastily a little before the prince , pretending to prepare the english navy that lay at the port of st. andrew for the princes transportation . olivares and he had but a harsh parting ; for he told olivares , that he was obliged to the king , queen , and infanta , in an eternal tye of gratitude ; and that he would be an everlasting servant to them , and endeavor to do the best offices for concluding the match , and strengthning the amity between the crowns : but as for himself , he had so far disobliged him , that he could not without flattery make the least profession of friendship to him . the conde replied short , that he accepted of what he had spoken . the duke departing with so little satisfaction , the spaniards concluded , that he would endeavor by all means possible to hinder the marriage . but the prince for his part had gained an universal love , and was reported by all , to be a truly noble , discreet , and well-deserving prince ; his grave comportment suited with the very genius of that nation , and he carried it from the first to the last with the greatest affability , gravity , and constancy ; and at his farewel , with unparallel'd bounty ; and he left behinde him gems of inestimable value for the infanta and several grandees . his departure from madrid , being the twelfth of september , was very solemn , the queen and the infanta were prepared in great magnificence with a train of grandees , and ladies , to receive his farewel : and among other passages , this one was taken to be an argument of the infanta's real love to the prince , that she caused many divine duties to be performed for the safety of his return into england . the king brought him on his way to the escurial , and there feasted him , and at the minute of parting , declared the obligation which the prince had put upon him by putting himself into his hands , a thing not usual with princes ; and he protested , that he earnestly desired a nearer conjunction of brotherly affection , for the more intire unity betwixt them . the prince replying to him , magnified the high favors which he found during his abode in his court and presence , which had begotten such an estimation of his worth , that he knew not how to value it ; but he would leave a mediatrix to supply his own defects , if he would make him so happy as to continue him in the good opinion of her his most fair , and most dear mistress . from thence he was attended with a train of spanish courtiers to the english navy , where he feasted the dons aboard his own ship ; and when he was bringing them back to shore , there arose a furious storm wherewith the barge was so driven , that it could neither fetch the land , nor make to the ships again . the night came on , and the tempest and darkness meeting , made their condition desperate ; till at length espying a light from a ship , near which the winds had driven them , they made towards it , and then with extream hazard were reimbarqued . it was observed , that the first words his highness spake after he was embarqued , were , that it was a great weakness and folly in the spaniard , after they had used him so ill , to grant him a free departure . the prince arived at portsmouth , october the fifth , and no sooner was he landed , but it appeared , that he was the kingdoms darling , the peoples hearts did burn to see him , and unanimously praised god without any publick edict of thanksgiving . publick societies and private families every where abounded in all expressions , both of religious and civil rejoycing . when he entred london , the bonfires which the peoples universal joy had kindled , seemed to turn the city into one flame . immediately after the princes departure from the court of spain , a rumor was spread that the ratification was come from rome , and that it came plenary and absolute . by which means the princes private instructions were anticipated by the earl of bristol ; for the iuncto pretended full warrant to proceed , and summoned the earl of bristol to attend them , and earnestly pressed him , that the articles might speedily be ingrossed and signed . hereupon the party in whose hands the prohibition left by the prince , lay dormant , either conceiving the ratification to be come indeed , or apprehending that it was the princes meaning to prevent the sudden concluding of matters , delivered to bristol that letter of private instructions , the very day that the prince arived at st. andero . in reading it , the earl was troubled exceedingly , and said to the other , that it must for a time be concealed , lest the spaniards coming to the knowledge of it , should give order to stay the prince . it vexed bristol , that his building of so many years should at once be pulled in sunder . he resolves to wave this private order , and if the ratification came , to deliver the proxies , and to support himself by his publick warrant under the great seal of england . now the prince and duke being jealous that bristol would counter-work them , left sir walter aston joyned in commission with him , and acquainted aston , that the princes meaning was never to match there , without the restitution of the palatinate , and the conservation of his honor in all respects intire . immediately the earl of bristol sent dispatches into england , laboring to satisfie the king and prince in all things touching the marriage : and shewing , that he had exactly set down the case , how a woman betrothed , may before the consummation of marriage , betake her self to a religious life , and all the sorts of security for the preventing of such a course ; and that the king of spain , his sister , and all his ministers do offer all security that may stand with decency and honor , for the performance of the whole agreement . and though the point of portion were a tough and knotty peece , yet when by the original papers and consulto's of the last king , the iuncto found it to be no less then two millions , they resolved to make it good ; notwithstanding they alleadged that this sum was four times as much as ever was given in money with any daughter of spain . moreover he did woo the prince by argument , that as the king his father , so himself had thought this to be the fittest match in all the world : and though the spaniards had committed many errors , yet he had already passed them by , and overcome the main difficulties : that by his journey he had satisfied himself of the infanta's person , who for her birth and portion , was no where to be matched ; and for her vertue and setled affection to his highnesses person , deserved him better then any woman in the world : that the match was sure , the portion and temporal articles now setled , but the delay of the desponsorios will grieve the princess , and bring a cloud of distrust and jealousie upon the whole business . the personal distastes of ministers indiscreet and passionate carriages should not hazard that which hath been brought to the present state with so much cost , and pains , and patience ; and which being well accomplished , will procure so much good to the christian world , and contrariwise so much trouble and mischeif , if it should miscarry , and break to peeces . now upon these grounds and motives he made intreaty , that with all speed a post might be sent unto him , bringing authority to deliver the powers upon the arival of the dispensation . but the prince and buckingham made haste to engage the king , and making a plausible narration of their own proceedings , the spaniards delays , and bristols miscarriages , drew him to alter the whole state of the treaty . hereupon the king sends an express command to bristol , to deliver his thanks to the king of spain for the high entertainment , personal kindness , respect , and favor , received by his son the prince , who was returned so well satisfied , as that he was not able to magnifie it sufficiently . and further to let him know , that to make a firm and indissoluble union between their families , nations , and crowns , and withal not to abandon his own honor , nor at the same time to give joy to his only son , and to give his onely daughter her portion in tears , he had by the advice of that kings ambassadors entred into a treaty for the restitution of the palatinate ; that he always understood and expected that upon the effecting of this marriage , he should obtain the restoring of his son-in-law , both to his countrey and dignity ; and that the emperor , either by sinding out some great title , or by increasing the number of the electoral stiles , might satisfie the duke of bavaria . and for these reasons the king commanded bristol instantly to procure from that king , a punctual answer touching the course he resolves to take , for the restitution of the palatinate , and electorate , and what assurance shall be given for his contentment , if the emperor or duke of bavaria should oppose any part of the expected restitution . moreover , he gave direction , and signified his special desire , that the espousals should be made in one of the christmas holidays , because that holy and joyful time would best become an action so notable and blessed . the earl of bristol , with the concurrence of sir walter aston , took boldness to demur upon these new instructions ; and yet again to represent to his majesty the state of these affairs , they inform him , that by deferring the epousals till christmas , the powers were made altogether useless and invalid , there being a clause in the body of them , that they shall remain in force till christmas , and no longer . and the suspending of the execution of the powers , till the validity of them be expired , is an effectual revoking of them : besides , the pretexts of this delay are no new , but old matters , which were often under debate , but never insisted on to retard the main business . and it will be thought , that they should rather have hindered the grant of these powers , then the execution of them being granted . surely , a staggering in the former resolutions will be suspected , and the clearing thereof between spain and england will cost much time . as concerning the prince palatine , it was the care of the spanish ministers , that that business might be well compounded before the infanta's coming into england : for they say , that otherwise they might give a daughter , and a war presently follow . besides , the instructions given under his majesties hand , were indeed to insist upon the restoring of the prince palatine , yet not so to annex it to the treaty , as thereby to hazard the match : for he seemed to be confident , that the one would never grow to a conclusion , without a setled resolution to effect the other : and the prince and duke during their being in spain , observed the same course . moreover the palatinate affairs have relation to many great princes interessed therein , and cannot be ended but by a formal treaty , which will require a great length of time ; and if the conclusion of the match should depend thereon , the prince may be long enough unmarried , for the advancement of their interest who desire he should so continue , or not match with spain . the preparations for the marriage go on chearfully , the popes dispensation is hourly expected , with an intention to demand the powers immediately , and upon what pretext shall they be detained ? shall we alledge his majesties pleasure , that the solemnity be performed in the christmas holidays ? but that is impossible , for the powers are then expired . shall we urge the restoring of the palatine ? this was not made a condition , but was treated as a business a part . the delay of the desponsario's will put a scorn upon the infanta , and upon the king of spain , who hath called himself the infanta's desponsado . and this cannot stand with that exact and honorable dealing which his majesty hath hitherto used . now upon these inducements , in the result and close of all , the ambassador humbly advised the king to return to the former state of the treaty , and to nominate a day for the delivery of the proxies , and resolved somewhat to protract the time for the receiving of his majesties further direction . thus did the earl of bristol endeavor to restore the business ; and the better to bring it on , sir walter aston labored to reconcile the duke to spain by this manner of insinuation : he believed that his grace was infinitely provoked to be an enemy to this match , and might have many reasons suggested , how much it concerned him to break it with all the force he hath ; yet he could not believe that the error of one man , can make him an enemy to that which carries in it so much content to the king and prince , nor that his judgment can be led by these arguments , which under colour of safety , would bring him into a dangerous labyrinth . for the most prosperous war hath misfortune enough to make the author of it unhappy ; and how innocent soever his grace might be , yet the occasions which have been given him , will make him liable to such an aspersion . but if the match proceed , and take effect , he will have the honor thereof , and the infanta being duly informed , must needs acknowledge him to be the person unto whom , in that behalf , she is most obliged . but these motions incensed buckingham : and now having the prince linked to him , he could over-rule the king , and bear down all his adversaries . the prince and the duke began to take a popular way , and to close with those of the privy council and the nobility that were opposite to spain , and best liked of by the puritan party : they projected also the calling of a parliament to consult the nation , and to clear the kings integrity , and to gain to themselves a great esteem in the hearts of the people . and some there were that suggested to the king , that the dukes design was to prevent the princes marriage , not onely with spain , but any where else , that his own greatness might still be absolute . for , say they , were it love to his countrey that led him to a breach and war with spain , there was as much reason for a breach of the match and peace , when the parliament urged it , as now there is . and they said , that the approaching parliament was to marry the duke to the commonwealth , that he might stand not onely by the king , but by the people and popular humor , which of late he hath courted earnestly ; and so they warned the king to have more special care of his own preservation . but the earl of bristol was straightly commanded to follow the new instructions ; namely , before he deliver the powers , or move to the contract , to procure from the king of spain , either by publick act , or by answer , under his hand and seal , a direct engagement for the restitution of the palatinate , and the electoral dignity ; by mediation , or by the assistance of arms , if mediation fail , together with a limitation of the time , when the way of mediation shall determine , and the assistance of arms begin . and the king declared , that he had reason infinitely to think it requisite to deal plainly and clearly with his brother of spain , because the berkstrot in the palatinate , the prime flower of his son-in-laws revenue , was taken by the arms of spain , and put into the possession of a spanish garison , or under their command ; and the countrey or revenue thereof , was contrary to the contract with the infanta at bruxels ; and upon an old pretence , freshly delivered into the hands of the bishop of mentz , being none of those to whom interest or mediation had been formerly used , or thought of ; who were onely the emperor , the king of spain , and the duke of bavaria . and concerning the marriage portion , he absolutely rejected both jewels and yearly revenue , as contrary to the first agreement , and expected the total sum in specie , at reasonable times of payment . as touching the espousals , he commanded the suspension of the powers left , and sent the powers renewed by the prince , for a larger time , that no blame might light on him , or his son , in case that king could not give satisfaction in so short a time , as that where in the former powers would become invalid . in the mean while he said he was ready to propound good ways to satisfie the duke of bavaria in point of title and honor , and to continue the negotiation for matching the palatines eldest son with the emperors daughter . the earl of bristol had a difficult part to act in spain , and in england the duke set all his strength to crush him . the surrender of the palatinate to the kings contentment was not probable , after it was ransacked and alienated , and as a common booty shared in parcels to several princes . nevertheless as yet the king hoped by treaty to compose the whole business , and to satisfie the several interests . and having by his continued patience and industry reduced matters to a circle of lesser extent then the former generalities , tendered to the palatine these terms of hope . in the first place , that he make a due submission to the emperor under convenient limitations , which shall first be granted in conformity to that which is noble , with assurance requisite for the free and safe going and return of his person and train . and that this being done , a present and full restitution of all the palatinate shall be made to the person of his son , and that he himself shall be his administrator during life ; and that after the death of the duke of bavaria , his son shall be established in the electoral dignity . moreover , if the marriage between his eldest son , and one of the emperors daughters should take effect , it would ensure the enjoyment of all according to the present contract , and make way for the bettering of the conditions to his own person . in contemplation of which mariage , the other party have approached a degree nearer , to wit , that the electorate shall return to his own person after the death of the duke of bavaria . and as touching the many difficulties in the treaty of this mariage , to wit , the education of his son , he had devised a way for the satisfaction of parties , which was , that he should be brought up , neither at the hague , nor in the emperors court , but with his own son , the prince of wales , and in the presence of the infanta of spain , after her arival in england . upon these overtures the king adviseth his son-in-law to have recourse to his own wisdom , and after mature deliberation , to make a choice agreeable to the honor and safety of his estates . and he delivered his own opinion , that a ready entrance into the possession of his own estate , with a kinde of present liberty , and an assurance in time to recover more , was to be chosen rather then his present bare condition and hazardous expectation upon other uncertain means . upon the tender of these proposals , letters of consultation were sent to the king from his son-in-law , and from sir dudley carlton to the duke of buckingham ; who , for the greatness of his power , was to be courted and made a friend in all transactions . to the submission in the first place required , reply was made , that in natural order , the restitution which was material and substantial , ought to precede the same , which was but a point of ceremony , or at least , it is necessary that all things be resolved , and setled in such assurances as shall be held convenient , otherwise a submission might be yielded , and the restitution never follow . besides , if the emperors intentions be sincere , and real , and without any aims to take advantage upon the palsgraves person ( as the emperor , charls the fifth , did upon the landgrave of hessen , under the subtile distinction of a syllable in the safe conduct ) the submission might as well be made by a deputy ; by which means he might be freed from those apprehensions , which the executions at prague , and other cruelties used by the imperialists , might impress in his minde . moreover , a submission under the specified condition of yielding the electorate to the duke of bavaria , will prejudice his cause for ever : for the electors of saxony and brandenburgh , who have always protested against the translation , and the other princes of germany who have like-feeling , will disavow their own protestations in regard of him who shall abandon his own pretensions ; and instead of favoring him , may be made his enemies . the experience of things may shew what issue is like to follow a consent to the like conditions ; for the emperor had manifestly abused him in two overtures already . first , the instrument signed for the conditional resignation of the crown of bohemia , in the year one thousand six hundred twenty and one , serued the emperor to accelerate the treaty then on foot with bethlem gaber . secondly , the ratification of the suspension of arms the last summer , served to intimidate the electors of brandenburgh and saxony , that they may not undertake any thing against the emperor . for both the one , and the other , were for these very ends divulged by the emperor before any thing was therein concluded : and so will the emperor make his advantage of the present proposition , both to hinder the progress of gaber , and to continue the intimidation of the princes of germany . furthermore , in this submission it were necessary to take care that his undue proscription and banishment , being to the prejudice of the constitutions of the empire , and held by the electors of saxony and brandenburgh of no validity , may not be approved , and a mark of infamy set upon the palatine and his posterity . and lastly , shame and disgrace will be the end of this submission , there being assurance of no better dealing then was used to the deposed house of saxony by charls the fifth , an emperor not worse then this ; the heir of which house , being one of the worthiest princes in germany , is now in hard conditions before the eyes of the exiled palatine . unto the second point , the exclusion of the palsgraves person , and the setling upon his son , it was thus replied , that spain had always given hope , and the earl of bristol great assurance , even when the marriage was not so far advanced as now it is : that in case of the emperors refusal , they would assist his majesty , and compel the emperor to an intire restitution . besides , there is little ground of hope from these treaties as they are managed , and wire-drawn by the house of austria , from whom we have ever new overtures in winter , and new ruptures in summer : for the emperor wanteth but two or three years leisure , which he will easily gain by a treaty of marriage to establish in germany the translation of the electorate and palatinate without any hope of recovery : therefore sufficient assurances should ever precede the treaties : for the present season did offer a very fair opportunity of recovering the estate and dignity . the palatines pretentions were not prejudiced by a long interposition of time , the memory of the undue proceedings in the ban , and the translation , and the seisure of his inheritance are fresh in the mindes of the princes , who by their own interests are moved to a greater compassion . as for the hope of restitution from the match with spain , there is little reason to put a difference between the spaniards and the imperialists , who have with joynt consent conspired the ruine of the palatinate , with the same forces , counsels , and designs : and whilest things have been some times upon terms , and always in talk of an accommodation , the electorate is given to the duke of bavaria , and avowed by a congratulatory message from the arch-dutchess ; the upper palatinate is setled in the bavarians possession , and a portion allowed the duke of newburgh for his contentment . a principal part of the lower palatinate is given to the elector of mentz , by the consent of those at bruxels , and the rest is promised to be parcelled among other princes . now for the hopes of a surer way to regain an happy settlement , by the concurrence of the king , his allies and confederates , and the whole protestant party in europe ; let these matters be weighed in the ballance of common judgment . the electors of saxony and brandenburgh , and all the princes save those of the catholick league , have declared , that the peace of germany depends upon the restoring of the palatine : besides , the levies which they made in the beginning of the last summer , though by the unfortunate accident of duke christian of brunswick , they were soon dismissed , do testifie the same affections still remaining in them , and the same resolutions to embrace any good occasion for recovering the liberty of germany . the number of those that have this conjoyned interest , is great and mighty , yea , the greater part of the people , both horse and foot , which marched under the catholick banner , were of a contrary religion and affection , and more inclined to the ruine , then preservation of the catholick league . all that is wanting is the concurrence and conduct of some great prince that may support them against the house of austria : the king of denmark being a prince full of circumspection , and being unwilling to enter into play alone , made answer to all instances , that as other princes have their eyes on him , so he hath his eyes on the king of great britain . wherefore , although for these two or three years past affairs on this side have gone in a continual decadence , and a final ruine be now threatned , unless it be withstood by some princely resolution , not of petty but of great princes ; yet there is no such despondency in the good party , but sufficient vigor yet remaining not onely to subsist , but to rise , and flourish again . and one of those kingdoms which are in his majesties possession having wrought great effects in the affairs of europe , even when counter-ballanced by the other two , doth demonstrate what may be done by the joynt forces of all three together , especially when the peoples affections are raised to the enterprise . thus did the palsgraves counsels dissent from our kings proposals . and there were not wanting , both of the kings counsel at home , and of his agents in foreign parts , such as frequently warned him of the disappointment and dishonor that would follow those ways of treating with implacable , though flattering enemies ; and shewed him the sure and honorable way of reestablishing his children in their patrimony ; not by their enemies curtesie , but by the united strength of the protestant arms in all parts of christendom , of which party , the king might have made himself the head and great commander . in the languishing , and almost expiring condition of the spanish treaty , the united provinces in the netherlands , appeared ready to embrace the opportunity of renewing the antient union with england , in all mutual confidence , and strong assurance . and the king was moved to return to those old confederates , the surest supports of his crowns and family : for it hapned that in latter times , a distrust and strangeness had grown betwixt them . bernevelt and the arminian faction had drawn the states to new alliances , and commonly procured answers to be given to king iames , and his ministers , in a harsh and peremptory stile . in like manner the king did not care to own them fully , esteeming them an evil example for a monarch to cherish . nevertheless , he did them many good turns worthy of acknowledgment , and particularly in opposing the faction of arminius and vorstius , and the rest of that sort , who caused great distractions in the belgick church and state : nay , he was thought to have done more then requisite , in rendring the cautionary towns , and in conniving with too much patience at the insolencies and misdemeanors of their mariners . but the prince of orange expressed good will to an intire friendship with england , and assured the english resident at the hague , that whensoever the king would be to those provinces , as queen elizabeth was in her time , they would be the same to him , as they had been to queen elizabeth : but as yet they keep themselves reserved , because they suspect that the introductions , and tentatives to a union with them , have been to no other end , but to indear the english merchandize , and to inhaunce its price to the king of spain : for they conclude , that spain will never match with england , but for hope , or fear ; hope of reducing those provinces by the match , or fear , if the match proceed not , that the king will joyn with the provinces in opposition to spain ; and in either of these cases they hold the match as made : as for themselves , they represent this assurance of a firm conjunction ; for that instead of giving an ear to overtures and concessions , which from day to day were presented to them , they have put themselves to the offensive , by preparing a strong fleet , which is ready to set sail to the west-indies , to the end they may at least interrupt the peaceable annual return of the gold and silver of those parts , by which the house of austria do continually advance their greatness . and this preparation , together with their voyages into the east-indies , will make them irreconcileable to spain . these enterprises were commended to the king , as approved by all good men , to be a principal means to cast down the fearful power of spain : onely it was too vaste a design for that little countrey ; but if the king were pleased thoroughly to close with them , their affections and constant interest would so binde them to him , that he might absolutely dispose of them , and by their forces by sea and land , conjoyned with his own , be able to give the law to europe . and the present state of the provinces might incite the king to this conjunction . for the last summer , if the imperialists had joyned with the spaniards , they had undoubtedly made an irruption into the borders of that state ; and they are like to break in this next year , except some notable turn shall intervene ; and then our best link for a bond of friendship is broken , and those provinces of a strong staff will become a broken reed . such r●presentations were made to the court of england ; but the counsels then prevailing were not propense to this conjunction , and interest , although we were then breaking with spain , and the house of austria . about the beginning of december , when the ratification came from the new pope , bonfires were made throughout all spain , and the great ordnance thundred out reports of joy : and that king to satisfie his oath made to the prince of wales , prepared for the espousals , and a day was prefixed , and all things appointed for the solemnity , according to the magnificence of that court. the infanta's family was setled , her officers distinguished , and the beginning of march was the time for her journey into england . from the princes departure , she had applied herself to the learning of the english tongue . the english ambassadors carried themselves like subjects towards her , as being their masters wife , or spouse . many rich presents had she prepared for her future lord and husband . and the earl of bristol had provided many costly liveries for his attendants in the solemnity of the espousals . but all things were instantly discomposed by the opening of the new commands from england to the earl , which were to procure an intire surrender of the palatinate and electorate , before he move one step further towards the contract . in the court of spain there was great resentment of these new delays , and they discerned a breach towards : the infanta gave over the study of english , and was no more stiled the princess of england ; but to the demands from england , the king of spain replied , that if a treaty be set on foot , and the emperor , and duke of bavaria , will not come to terms of conformity , he will joyn arms with england , to recover the palatinate : the spaniards confessing the demand just , but unseasonable , professed , the desponsorio's past , the infanta on her knees should have been a suiter to the king to restore the palatinate , making it thereby her act , and drawing the obligation wholly to her . these offers did not satisfie , bristol was called home , and all was dashed to peeces . it was an amazement to the christian world , that when the match was brought to such perfection , the motion should be rejected by that side which pursued it with so much eagerness , and patience , as being the master-peece of all their designs . in the latter part of this long tedious act , the spaniard appeared real , but in the former part their reality was questionable : for our parts , the business shall remain as we finde it , a dark riddle and mystery . the earl of bristol having demurred upon the new instructions , to prevent ( as he desired ) the embroiling of the whole treaty , was to make his apology to the king his master , and for himself he thus pleaded , that he understood the infanta was his yong masters wife , or spouse at least , and that both the king and prince infinitely desired the match . the powers were drawn by the intervention of both parties , the king of spain ▪ accepting them , and the prince legally delivering them , and they were deposited with him in trust , as the ambassador of the king of great britain , with a publick declaration , how and when he was to deliver them ; and this was drawn into an instrument by the secretary of state : according to this state of things , he appeals to any censure which were the more prudent , honest , and dutiful way ; whether to put a disgrace upon so great and worthy a princess , who was to be his masters wife , and a scorn upon the king of spain , by nominating a day for the marriage , when the powers would be expired , and not at all to insist upon making good the publick trust reposed in him by two so great monarchs , to the hazard and overthrow of so great and important a business ; or contrariwise to represent to his majesty the state of things in truth and sincerity , with his humble opinion of the wrong and disgrace to the infanta , by deferring the marriage , and of the indignity offered to the king of spain , and the danger of the whole treaty , by the detention of the powers without the pretence of some emergent cause : and after all this , when his majesty had declared his pleasure , there was ready an exact obedience . wherefore in the confidence of his own innocencie , he professeth as great a confidence of his majesties accustomed grace and favor . bristol being called home , acquainted the conde olivares with the letters of revocation , and desired withall to have a day assigned him to take his leave of the king. olivares answered , that he had much to say to him by his majesties order ; and spake to this effect in the presence of sir walter aston , and the conde gondomar : that the king had received large advertisements with what malice and rancor his enemies did prosecute him , and how powerful they are in england ; and in regard that the envy which was drawn upon him proceeded from his earnest endeavors to accomplish the match , and that the particular fault laid to his charge was in point of delivering the proxies deposited in his hands , that his majesty takes it to heart , and judgeth himself touched in his honor , if for this cause his enemies shall prevail so far as to work his ruine or disgrace ; and therefore he will write to the king of great britain , and send a particular ambassador , if it be needful , to mediate for him ; for that he had served his master with that exactness and fidelity , which deserved not only to be assisted by all good offices , but to be rewarded and published : and his majesty , for the example of his own subjects , and for the encouragement of all such as should serve their princes with the like loyalty , had sent him a blank signed by himself , wherein he might set down his own conditions both in point of title and fortune . and this he did in no wise to oblige another princes subject , but only to give encouragement to honest and faithful proceedings : and therefore he would not make these offers in private , but open and justifiable to all the world ; and would accompany all that he should do with a declaration or patent , that what he had done for the earl of bristol , was for the fidelity wherewith he had served his own master . hereunto the earl made answer , that he was sorry and much afflicted to hear such language ; and desired that they should understand , that neither this king nor spain were beholding to him ; for whatsoever he had done , he thought the same to be fittest for his masters service and his own honor , having no relation to spain ; and that he served a master , from whom he was assured both of justice and due reward ; and nothing doubted but his own innocencie would prevail against the wrong intended by his powerful adversaries : and were he sure to run into imminent danger , he had rather go home and cast himself at his masters feet and mercy , and therein comply with the duty and honor of a faithful subject , though it should cost him his head , then be duke or infantado of spain : and that with this resolution he would imploy the utmost of his power to maintain the amity between the two kings and their crowns , and to serve his catholick majesty . after he had taken his leave and was ready to come away , he had another profer made unto him in private of ten thousand crowns to take with him in his purse , to make his way and go through with his troubles , if haply his own monies might be seised upon : and it was told him , no body should know it . yes , said he , one would know it , who he was assured would reveal it to his majesty , viz. the earl of bristol himself , and it would make him not so clear in his own heart as now he was ; and so he refused the offer . the match was now truly broken , but as yet the breach was not declared , nor the treaty quite fallen to the ground , but continued after a languishing manner in the hands of sir walter aston . the spaniards by all advertisements from england were advised to expect a war , and accordingly they went seriously to work , and prepared themselves for what might happen ; and aston being there upon the place , conceived it high time that king iames should resolve upon some course to allay the storm arising , or to go hand in hand with them in equal preparations . all that was left alive of the marriage-business , was no more , then that those jewels which the prince had left at his farewel were not yet returned : but if the letter then expected from england brought no better answer to their last offer concerning the palatinate , then such as they had hither to received , they will return the jewels , and declare the marriage broken . for by this time they had received intelligence of the princes treating a marriage with a daughter of france , the lady henrietta maria. and so it was , that king iames had lately sent the lord kensington , afterwards earl of holland , to enquire covertly whether the match were feasible , before he would enter into a publick treaty . the lord kensington returned this accompt of his negotiation : that there appeared in the face of that court an extraordinary sweetness , smoothness and clearness towards an alliance with england ; the princess herself was observed seldom to have put on a more cheerful countenance , then she had done the first night of his appearance in that court ; the queen , though a daughter of spain , wished this match more then that intended with her own sister ; and the queen-mother who will have the chief stroke in the business , expressed her good will and favor , as much as might stand with her daughters honor . for the french observe the aspiring of the king of spain to the monarchy of christendom , and his approaches to the kingdom of france , and his encompassing it on all sides ; and they discern that an alliance with england is the surest way to oppose the mightiness of that king : and upon the same accompt they promised brave assistance to the united provinces , gave great encouragement to count mansfield and duke christian of brunswick ; a gentleman of the religion was sent to liege to offer them the kings protection , if that town will seek it . nevertheless they have not directly embraced this overture of marriage , because we have not as yet wholly abandoned the treaty with spain ; lest they should lose the friendship of a brother-in-law , to gain another which may possibly fail them . but they say that their hearts are not capable of more content , then to see this motion upon a publick commission , and all that may touch upon the way of spain dissolved . neither are they like to strain us to unreasonable conditions in favor of the roman catholicks in his majesties dominions : for in that matter their pulse beats so temperately , as to promise a good crisis therein : and in case his majesty be drawn to banish the priests and jesuites , and to quicken the laws against other catholicks , to keep a good intelligence with his parliament , yet they say , they hope he will not tie his hands from some moderate favor to flow hereafter from the mediation of that state , which is all they pretend unto for the saving of their honor , who otherwise would hardly be reputed catholicks . thus the lord kensington having rendred an accompt of his diligence , advised to go on roundly with the match , lest otherwise , though never so well affected , they be altered with the arts of spain : for ( saith he ) undoubtedly the king of spain will resolve , if possible , to oblige one side ; and as the french do think he may please england with the restitution of the palatinate , so we may think he will please the french with rendring of the valtoline . but without the assistance of parliament , and compliance with the people , the king could not go through with those weighty works which he was now to take in hand . now the things which troubled the people , were set forth to the king in three particulars : as , that for the subsidies granted in the two last parliaments , they received no retributions by bils of grace : that some of their burgesses were proceeded against after the parliament was dissolved : and that when they have satisfied the kings demands , he will nevertheless proceed to the conclusion of the spanish match . hereupon some of his nearest council perswaded him to begin the work by removing the peoples jealousies ; and to cast away some crums of his crown amongst them , and those crums would work miracles and satisfie many thousands . and whereas the aim of the former treaties was the setling of an universal peace in christendom , and since the malice of deceitful men hath crost those fair ways , abusing his majesties trust & goodness , he must cast about and sail by another point of the compass , whereby he might securely and easily attain to his noble and pious ends . the means whereunto were these : first , that his enemies know the lyon hath teeth & claws ; next , that he imbrace and invite a strict association and friendship with those , whom neighborhood , alliance , and common interest of state and religion had joined to him . feb. . the parliament began at westminster : the king being set in the throne , spake thus . i have assembled you at this time , to impart to you a secret and matter of great importance as can b● to my state , and the state of my children ; wherein i crave your best and safest advice and counsel , according as the writ whereby you were assembled imports , that the king would advise with you in matters concerning his estate and dignity . and as i have ever endeavored by this & the like ways to procure and cherish the love of my people towards me , so do i hope , and my hope is exceeded by faith ; for i fully now believe , that never any king was more beloved of his people : whom as you my lords and gentlemen do here represent , so would i have you truly ●o represent their loves all to me ; that in you as in a true mirror or glass i may perfectly behold it , and not as in a false glass that represents it not at all , or otherwise then it is indeed . give me your free and faithful counsels in the matter i propose , of which you have often heard , the match of my son : wherein , as you may know , i have spent much time , with great cost , in long treaties , desiring always therein ( and not without reason hoping to have effected my desires ) the advancement of my state and children , and the general peace of christendom , wherein i have always constantly labored , depending upon fair hopes and promises . at the earnest instance of my son , i was contented ( although it was of an extraordinary nature ) to send him to prosecute his desires in spain , and for his more safety sent buckingham ( in whom i ever reposed most trust of my person ) with him , with this command , continually to be present with him , and never to leave him till he returned again fafely unto me . which he perform'd , though not with that effect in the busines that i expected , yet not altogether without profit ; for it taught me this point of wisdom , qui versatur in generalibus , is easily deceived , and that generality brings nothing to good issue ; but that before any matter can be fully finished , it must be brought to particulars : for when as i thought the affair had been before their going , produced to a narrow point , relying upon their general propositions , i found when they came there the matter proved to be so raw , as if it had never been treated of ; the generals giving them easie way to evade , and affording them means to avoid the effecting of any thing . the particulars that passed in the treaty , i mean not now to discover to you , the time being too short ; i refer you to charls & buckingham , and the secretaries reports , who shall relate unto you all the particulars . and after that , super totam materiam , i desire your best assistance to advise me what is best and fittest for me to do for the good of the commonwealth , and the advancement of religion , and the good of my son and my grandchildren of the palatine . and of our estate i know you cannot but be sensible , considering that your welfare consists in ours , and you shall be sure to have your share in what misery shall befall us : and therefore i need to urge no other argument to you in this behalf , in offering me your wisest and surest counsel and furtherance . and i assure you in the faith of a christian king , that it is res integra presented unto you , and that i stand not bound nor either way engaged , but remain free to follow what shall be best advised . to plant is not sufficient , unless like good gardiners you pluck up the weeds that will choak your labors : and the greatest weeds among you , are jealousies ; root them out . for my actions , i dare avow them before god ; but jealousies are of a strange depth . i am the husband , and you the wife , and it is subject to the wife to be jealous of her husband : let this be far from you ! i can truly say , and will avouch it before the seat of god and angels , that never king governed with a purer , sincerer , and more uncorru●● heart then i have done , far from all will and meaning of the least error or imperfection in my reign . it hath been talked of my remisness in maintenance of religion , and suspition of a toleration : but as god shall judge me , i never thought nor meant , nor ever in word expressed any thing that savored of it . it is true , that at times , for reasons best known to my self , i did not so fully put those laws in execution , but did wink and connive at some things which might have hindred more weighty affairs ; but i never in all my treaties ever agreed to any thing to the overthrow and disagreeing of those laws , but had in all a chief preservation of that truth which i have ever professed : and as in that respect i have a charitable conceit of you , i would have you have the like of me also . in which i did not transgress : for it is a good horse-mans part , not always to use his spurs ▪ and keep strait the rein , but sometimes to use the spurs and suffer the reins more remiss ; so it is the part of a wise king , and my age and experience in government hath informed me sometimes to quicken the laws with strait executions , and at other times upon just occasion to be more remiss . and i would also remove from your thoughts all jealousies , that i might , or ever did question or infringe any of your lawful liberties or priviledges ; but i protest before god , i ever intended you should enjoy the fulness of all those that former times give good warrant and testimony of ; which , if need be , i will enlarge and amplifie . therefore i would have you , as i have in this place heretofore told you , as s. paul did timothy , avoid genealogies and curious questions , and nice querks and jerks of law , and idle innovations ; and if you minister me no just occasion , i never yet was , nor never shall be curious or captious to quarrel with you : but i desire you to avoid all doubts and hinderances , and to compose your selves speedily and quietly to this weighty affair i have proposed ; for that i have found already , delayes have proved dangerous , and have bred distraction of this business ; and i would not have you by other occasions to neglect or protract it . god is my judge , i speak it as a christian king , never any waifaring man that was in the desarts of arabia , and in danger of death for want of water to quench his thirst , more desired water , then i thirst and desire the good and comfortable success of this parliament , and blessing upon your counsels , that the good issue of this may expiate and acquit the fruitless issue of the former . and i pray god your counsels may advance religion and the publick weal , and the good of me and my children . feb. . the commons presented sir thomas crew for their speaker , who prayed an excuse ; which being denied , he made this speech . since i cannot bring an olive-branch in my mouth , as a sign of my peace , and that god ( in whose hands are the hearts of kings ) without whose providence a sparrow doth not fall to the ground , whom no man can resist , hath inclined your majesty to cast your eye of grace on me , and to confirm me in this place ; i am taught in the best school , that obedience is better then sacrifice ; and will only say with a learned father , da domine quod jubes , & jube quod vis . otherwise i have great cause to be afraid of such a charge , to be executed before so great a majesty , and in so great an assembly , but that i hope your majesty will extend your scepter of grace , as ahashuerus did , to sustain me in my fainting . your majesty is princeps haereditarius , descended from both the roses , and hath united both the kingdoms : at your first entrance you wrought a wonder in the tumult of our cares , and cloud of our fears happening upon the death of the late queen , by the bright beams of your sunshine ; which a poet elegantly expressed , mira cano , sol occubuit , nox nulla secuta est . there was a david in hebron , and no ishbosheth to disturb your peaceable entrance , but the acclamations of all your subjects and commons concurring to express their great contentment . this was no sudden flash of joy , but a constant blessing by the continuance of the gospel and true religion , maugre the malice and hellish invention of those who would have blown up all at once ; but god laughed them to scorn , and they fell into their own trap . these things i leave to your majesties royal remembrance as a duty to be practised , and to be expressed by our thankfulness to our holy god ; for it is a good thing to be thankfull : non est dignus dandis , qui non agit gratias pro datis . since my designment to this place , i called to mind these statutes of late times , and find two of especial note : the first of h. . which was called parlamentum doctum , for the many good laws made for the setling of possessions : the other eliz. which by a reverend divine was called parlamentum pium , because the subjects thereby were enabled to found hospitals without licence of mortmain , or ad quod damnum ; and other charitable laws which i omit , being not perpetual . and i likewise called to mind many glorious offers made by your majesty , and other good provisions at the two last meetings . now your majesty hath stretch'd forth your scepter to call us to you again , and hath made a declaration , that all jealousies and distractions might be removed , and the memory of parliament-nullities might be buried . and my desire is , that your majesties influence may distill upon us , and you proceed in such a sweet harmony and conjunction , that righteousness and peace may kiss each other , and that mercy and truth may meet ; and the world may say , ecce quàm bonum & quàm jucundum regem & populum convenire in unum ! and for perfecting of this work , the good bills against monopolies , informers and concealers may now pass , and receive strength with a general , liberal , and royal pardon , according to the bounty of the late queen : that so this parliament may be called felix , doctum , & pium ; which will be good to your subjects , and no diminution to your revenue , or derogation to your prerogative , which in your majesties hands is as a scepter of gold , but in others hands is a rod of iron . i need not speak in the praise of the fundamental common-laws : veritas temporis filia , time hath sufficiently justified them . monarchy is the best government ; and of monarchies , those which are hereditary . the best supply of your majesties wants is in parliament , where the subject is bound by his own consent ; other courses of benevolence come heavily . the subjects enjoy the gospel freely by your protection , and your majesty may be safe in their loyalty : other safeties are but as ajax his shield , a weight rather then a defence . their desire is , that the good laws for religion may be confirmed ; and that the generation of locusts , the jesuites and seminary-priests , which were wont to creep in corners , and do now come abroad , may be by the execution of these good laws , as with an east-wind , blown over the sea. our late queen elizabeth lived and died in peace ; the pope cursed her , but god blessed her : and so shall your majesty , having god to your friend , find safety in the ark of true religion , and when you are old and full of days , land you in heaven ; and then our hopeful prince which sprang out of your own loins , shall sway that scepter , which you must leave , to enjoy a crown celestial : and god in his due time will restore the distressed princess , her husband and royal issue , to that inheritance which is now possessed by the usurping sword of their enemies . whereof we are the more confident , because that country was heretofore a sanctuary in our distress , when religion was here persecuted . cato was wont to say , hoc sentio , & carthago destruenda est : but i say , hoc sentio , & palatinatus recuperandus est . the question was put to a lacedemonian , why their city wanted walls ? who answered , concord was their walls . your majesty under god is a sole and entire monarch , whose walls are the ocean without , and fortified within with a wall of brass , the bond of unity and religion : and happy is that place , of which it may be said as of ierusalem , it is a city at unity within it self . neither is your government confined within the limits of this kingdom , but extends it self to ireland , where your majesties care and pains in our late imploiment gave divers provident directions for the setting forth of religion , the reforming of courts of justice , and inflicting punishment on the disturbers of the publick peace : and i was ocularis testis , that you have made these ample endowments of churches out of your own excheated revenue , as will be to your honor in all posterity . but my desire is , as well in the beginning , as in all other our proceedings , our words may be vera , pauca , & ponderosa . therefore with your gratious favor , according to antient presidents , we are humble suitors , that you would be pleased to allow our antient priviledges . and that for our better attendance , our persons , goods , and necessary attendants may be free from arrests ; and that we may have liberty of free speech , not doubting but we shall confine our selves within the limits of duty . and because this great business may give us occasion often to resort to your majesty , that upon our publick suit you will be pleased to give us your own fit time of access : and that all our actions may have a benign interpretation , and a good acceptation and opinion . lastly , that i may not onely be a speaker , but an humble suitor , protesting by the great god , by whom kings do reign , that whatsoever i have said , hath proceeded from a loyal heart , i therefore desire that may be covered with the vail of your gratious construction , or acquitted by your gratious pardon . the king having referred the whole business of the spanish match to the advice of parliament , the duke of buckingham made to both houses in the pallace at whitehal , a long narration of all the transactions in spain , which was accompained with the princes attestation . in the narration it self his grace observed six distinct and several parts . the first was , the motives of the prince his iourney to spain . the second , the treaty of the marriage set on foot in spain , severally and by its self . the third , the treaty of the marriage and restitution , united together by a reciprocal subordination . the fourth , the prince his highness return from spain . the fifth , his majesties subsequent proceedings in both the treaties , since the return . the last was , the stating of the question , super totam materiam , wherein both the houses were to offer unto his majesty their humble advice and counsel . of these parts his grace spake very distinctly and orderly . i. the motives to the princes journey to spain . the negotiation of master chancellor of the exchequer with the arch-dutchess , which ministred unto his majesty the first occasion of jealousie , and made a kinde of discovery of the spaniards indirect dealing with this state : then was read the aforementioned letter of the third of october , . from the king to the earl of bristol , wherein bristol was required to let the king of spain know , how sensible king iames was of the emperors proceedings towards him ; and that he should demand of the king of spain a promise under hand and seal , that heidelburgh should be delivered within seventy days after audience , and the like for manheim and frankendale , if they be taken ; and if this be denied , to press to have leave to march through the king of spains territories with an army , for the recovery of his childrens patrimony ; and that the king of spain should assist us with his forces . the duke desired the houses to take for truth what ever he should say ▪ granted and attested by the princes presence ; and declared , that this letter was not put home to the uttermost by bristol . hereupon a dispatch was sent away to my lord of bristol , expresly commanding him to press his directions more home then yet he had done , and in case he should be denied or delayed by the king of spain , then to take his leave , and come away : this was not so fully exacted by my lord of bristol . porter that carried these letters was commanded not to stay above ten days , who after he had been there some four or five days , and saw nothing towards a dispatch , went himself to the conde olivares ( having been his creature ) and desired him that he would speed his dispatch ; olivares asked him what he would have ? who replied , no more then what had been formerly promised ; that in case the emperor should deny the restitution of the palatinate , the king of spain should assist our king by arms to recover it , or else give way to our forces to march thither , through his countrey . olivares replied , that this was a preposterous demand ; what to assist with arms against the kings uncle , and the catholick league ? porter speaking to him of the marriage of our prince with the infanta of spain , he told him , that he understood not a word of it . porter acquainting bristol herewith , he said , he would call olivares to an account , if he held this language with him , and would make him understand , that an earl of england , was as good a ma● as a conde of spain . but sending for porter the next morning , he changed his resolution , and concluded to carry the business more calmly , and said the conde was so reserved , because he was slie and dainty to report those mysteries with that freedom to him , who was not qualified as a publick minister . the conde was angry with porter for communicating what he said to bristol . mr. porter returned with a dispatch fraught with generalities , without any one particular or certainty at all made in relation to the prince's highness ; who thereupon took his resolution to go in person to spain , and gave himself these reasons for the enterprise . he saw his fathers negotiation plainly deluded , matters of religion gained upon , and extorted ; his sisters cause more and more desperate ; and that this was the way to put things off or on ; and that in this particular , delay was worse then a denial ; and that according to the usual proverb , a desperate disease , must have a desperate remedy . hereupon the king commanded the duke to accompany his highness in his journey . ii. the treaty of the marriage severed , and by it self . when the prince had arived at madrid , the conde gave him a visit , magnified exceedingly the princes journey , amplified the obligations his highness had put upon that king ; and said , that now without all peradventure it must be a match , and we must part and divide the whole world between us . the next day the conde taking the duke into his coach , and mr. porter , for his interpreter , falling into discourse of the match , he said unto the duke , let us dispatch this match out of hand , and strike ● up without the pope : the duke answered , he liked the manner very w●ll , but desired to understand the means . the means , quoth the conde , is very easie ; it is but the conversion of the prince ; which we cannot conceive but his highness intended upon his resolution for this journey . the duke answered forthwith , that with freedom they came thither , and with freedom they would return again ; they were no juglers , neither came they to spain to make new bargains : that the prince was setled in his religion ; his conscience was troubled with no scruples in that kinde : if they struck any more upon that string , they would mar all the harmony . then said the conde , there is no way but to send to rome to hasten the dispensation ; to which the duke assented . hereupon the conde wrote his letter to the cardinal lodovisia , the popes nephew ; which being shewed to the duke , seemed to him to be very heavy ; the duke therefore desired to quicken it with this postscript , that now the prince being arived , must not be sent back without a wife ; that delay to a suitor , is a kinde of refusal ; that clogging instructions would amount to a denial , and new conditions to an absolute breach . the conde fell into choller , said directly it could not be done . this the prince affirmed to be acted in his presence : but the earl of bristol made a more benign construction thereof , the duke a right-down conclusion , that this people never intended either match or restitution ; and so wished his highness fairly at home again : however the messenger was dispatched to rome . four or five days after his highness was placed to see his mistress in her passage through the streets , as she made her visits from church to church : but pressing for access , he was delayed , but at last obtained a visit : but a very strange one ! he was not suffered to speak unto her , but as they had set it down in words and syllables in writing , saying , they were no astrologers , and could not foresee the event of this marriage ; and therefore they resolved to admit him as a prince onely , and not as a suitor . but the conde salved this up with a complement , that if the dispensation were once returned , he should lie with her even that very night ; nay , have her he should upon any terms . if he could not be qualified to enjoy her as a wife , yet he should have her as a mistress . soon after riding in a coach , it was urged by the conde ; that the infanta was of a tender conscience , and if she should come into england , and finde the prince an enemy to her religion , it would quite dishearten her . his highness consented to hear her upon this subject , because he was as like to convert her , as she was to pervert him . a conference with divines was pressed upon his highness , which he refused , and said , if after disputation with them , they should not prevail against a yong man , they would remain much disgusted and ill-affected to the whole negotiation . this kinde of importunity was still used toward the prince , till the return of the dispensation . six weeks after the princes arival came the dispensation ; but his highness understood from rome by mr. gage , that the dispensation was returned much clogged in matter and manner , especially with the annexed new condition . the king of spain before the receiving of the dispensation , was to take an oath to see all the articles performed , whereupon faculty was issued , really performed , or else to make war in case of any failer upon the king of england . his highness signified his resolution unto them , that he neither could nor would adde or alter any thing of the first articles sent to england . a iuncto of divines are appointed to meet and consider , whether the king might safely take the oath . by this time the prince had gone through all the articles , sitting in person with the committee ; onely leaving three undiscussed , that of the church , that of the nurse , and that of the education of the children ; which his highness reserved till he should speak with the king. then said the conde , now the business is in a better way then ever it was , a match , and without more ado she was his wife . but the next day came gondomar and spake unto the prince of the same match , as of a new thing , and told him plainly , that unless his highness came to all the conditions of the dispensation as they were sent from rome , clearly and entirely , nothing would be done ; for they had no power to remove or alter a word of false latine . whereupon his highness was justly distasted , and offered to break . then they pressed the prince , that he would be pleased to stay twenty days , until the king of spain might receive an answer from england . the prince resolved to stay , upon condition that sir francis cottington might be dispatched away within two days , and some messenger that might overtake him with the articles that should be sent after , as soon as ever they could be made ready : but the two days of their hammering spun out to twenty ; at the end thereof they brought them with new additions . the articles being at last sent to england , the iuncto of divines delivered their opinions , that the infanta could not be sent over before the spring ; at which his highness was offended , but the conde prevailed with him to stay until their ambassadors should certifie out of england , that the articles were assented unto by king iames , and put in execution , and then the lady should go with the prince . the bishop of segovia was pleased to say to the duke , that he had heard something of the state of our kingdom , and had received it from good hands ; that our king could not make a toleration without a rebellion , and easily believed it ; because the king of spain is not able in his dominions to effect the like enterprise , without incurring the like danger ; therefore he concluded , it was unsafe to send the lady thither at this time , because we having granted as much in effect as a toleration , it was very probable she should be welcomed with a rising and rebellion . to which the duke replied , that if the favors which the king his master had exhibited to his catholicks at the mediation of that king , and the advice of that very committee , of which that bishop was one , be of so dangerous a consequence ; it seems their lordships , who gave the advice for that article , though they pretended religion , intended plain and open rebellion . but you must know quoth , the duke , if his highness had been of my lord bishops opinion , that these conferences had amounted to a toleration , he had never accepted of these articles to have gained any allowance : for what was agreed unto , was but a temporary suspension of penal laws , but no toleration ; for that could not be done , but by consent of parliament . then gondomar hereupon said , that for his part , he did not hold it fit to send the infanta thither , before the articles be perfectly put in execution . and gondomar privately infused to the prince his highness , being incensed against the duke , that the duke was in heart , ( as he said all his kinred were ) a roman catholick ; and he said to a jesuite of great account and zeal in those parts , that the duke was a most obstinate , perverse , and refractory puritan . about this time it was reported that the prince intended to steal away , whereupon they laid in wait to intercept him : hereupon the duke was sent to tell them , that although they had stoln thither out of love , they would never steal thence out of fear . about this time the prince sent a message to his father , that if he should receive any advertisement , that he was detained by that state as a prisoner , he would be pleased for his sake , never to think upon him any longer as a son , but reflect upon the good of his sister , and the safety of his own kingdoms . iii. the treaty of the match and restitution , reciprocally subordinated . it is fit to observe this passage , which is the thing whereupon all his highness subsequent actions are turned and moved . he had never staid a sevennight longer in spain ; he had never left any proxy with bristol ; he had never taken any oath at the escurial ; or ever so much as written a letter of complement to the lady ; but that he had still before his eyes , as his cynosure , the promise made by the co●de , for the restitution of the palatinate . to hasten the delivery of the lady , the duke presented unto the conde , how his master was now in years , the prince his onely son ; and he would suffer in honor and reputation , to return home without his wife . the conde consented hereunto , and desired the prince would name a day for his departure . this news came to the infanta , who seemed to be apprehensive of the princes going away , and prevailed with his highness to return this complement unto her , that rather then he would give her alteza any disgust , he would stay for her seven years . by this time sir francis cottington is arived with all things perfected by the king , and letters from the ambassadors of full satisfaction , and a command from the king to his highness , to make his return within one moneth . now began the conde to enter into the treaty for the restitution of the palatinate , saying , the lady should by no means go to england , before that business was accommodated . and it was projected , that there should be a restitution of the land to the prince palatine , upon a condition of marriage with the emperors daughter , and that he should be bred in the emperors court. the prince demanding of the conde , whether in case the emperor proved refractory , the king his master would assist him with arms to reduce him to reasonable terms ? the conde answered negatively , because they had a maxim of state , that the king of spain must never fight against the emperor ; for they would not employ their forces against the house of austria . hereupon his highness made his protestation to the conde ; look to it sir , for if you hold your self to that , there is an end of all ; for without this you may not relie upon , either marriage or friendship . by this time the prince is grown cheap and vulgar in the court of spain , so that they will scarce bestow a visit upon him , and the conde came very seldom to him : and two letters came to the dukes hands , which shewed , that all that the conde did , was nothing but slashes and lightning ; notwithstanding he seemed at this time to be in a good humor , and told the duke , that now certainly it must be a match , and the devil could not break it : the duke replied , he thought so , and the match had need be very firm and strong , it had been seven years in soadering . the conde denied , and said plainly , it had not been really intended seven moneths ; and said , i will fetch that out of my desk , that shall assure you thereof ; and so produced two letters , the first was written with the king of spains own hand , dated the fifth of november , . and the other from the conde olivares of the eighth of november , . both which letters are mentioned before . iv. the princes return from spain . and now the prince returning for england , being engaged to leave his proxy , did de●osite the same in the hands of the earl of bristol , who was to keep it , and use it as his procurator ; that is , as he should receive his highness direction from time to time : his words for the present were ( said the duke ) that if the confirmation came from rome clear and intire , ( which it did not ) then within so many days he should deliver it to the king of spain . the second direction sent to him , was by a letter which his highness sent him , between his departure from the escurial , and coming to the sea side , to this effect , that for fear a monastery should rob him of his wife , he should stay the delivery of the powers until the doubts were cleared ; and that his highness would send him in the premisses some further directions ? here because my lord of bristol in his letter of the first of november , . doth press so vehemently the prince his highness concerning this proxy , and the prince vowed openly before both houses , that he had never by oath or honor engaged himself not to revoke the powers , more then by the clause de non revocando procuratore inserted in the instrument it self , and that he conceived the clause to be matter of form ; and although essentially of no binding power , yet usually thrust into every such instrument ; and that the civilians do hold , that it is lawful by the civil and canon law , for any man to revoke his proxy of marriage , notwithstanding it hath the clause de non revocando procuratore inserted in it . therefore as to this point the duke concluded , that the earl of bristol in charging this matter so highly on the prince , had much forgot himself . v. the subsequent proceedings of his majesty in both the treaties , since the return of his highness . the prince by the mercy of god came to royston , and made his relation to the king of all that had passed . his majesty was glad , and told him , that he had acted well the part of a son ; and now the part of a father must come upon the stage , which was to provide with all circumspection , that his onely son should not be married with a portion of tears to his onely daughter . and therefore his majesty commanded by an express dispatch , the stay of the proxy in the earl of bristols hands , until he had some better assurance of the restitution of the palatinate . then was read his majesties letter to the earl of bristol , dated the eighth of october , . wherein the earl of bristol was positively required by the king , that before he deliver the powers , or move to the contract , to procure from the king of spain a direct restitution of the palatinate , and the electoral dignity , or to assist with arms within a time limited . you would perceive that by this dispatch , bristol would lay hold on all hints and emergent occasions to put off the desponsorios without this required assurance by arms first obtained ; but the truth is , he did not so . for first , the confirmation came from rome clogged and mangled ; and instead of challenging thereupon , he labors with no small strength of wit to hide and palliate the same . secondly , in the temporal articles , the portion was altered , six hundred thousand pounds in ready cash , to some eighty thousand pounds in money , and a few jewels , and a pension of two thousands pounds per annum . instead of quarrelling this main alteration , he seems to approve and applaud the payment . thirdly , for the assurance of restitution of the palatinate , the main foundation both of match and friendship , he is so far from providing for it before ( which was the method prescribed him by the king ) that he leaves it to be mediated by the infanta after the marriage . lastly , instead of putting off the contract , as any man in the world ( upon the dispatch from royston ) would have done , he comes to prefix a precise day for the desponsorios . now from this rash fixing of the day for the desponsorios in spain , which was controlled again by an express , from hence issued an unnecessary discourtesie put upon the king , and in a manner upon the infanta by the earl of bristol : from that proceeded a greater affront put upon the prince , the taking away the title la princesa from the infanta , and the debarring of our ambassadors from any further access to her person . then was produced an answer of the king of spain to the memorial of the ambassador , implying a refusal to assist by arms for the recovery of the palatinate , in case the emperor consent not to a restitution , which we have inserted in series of time : vi. the stating of the question super totam materiam . this question the duke stated on this manner , whether this being the full effect and product of all the negotiation , which i have opened unto you , be sufficient , super totam materiam , for his majesty to relie upon with any safety ; as well for the marriage of his onely son , as for the relief of his onely daughter : or , that these treaties set aside , his majesty were best to trust in his own strength , and to stand upon his own feet ? so the duke ended with this conclusion , that if the bringing us from darkness to light , did deserve any thanks , we ow it and must wholly ascribe it to the prince his highness . the prince was present at this narration , and assisted the duke of buckingham therein , and certified many particulars thereof ; and it being reported the same day to the house , his highness approved thereof there also . the spanish ambassador took great offence at the dukes relation , as reflecting upon his masters honor , and demanded his head for satisfaction . the house of lords by a general vote acquitted the duke from the accusation of the spanish ambassador , and justified his relation , and intended to signifie as much to his majesty by a committee of the whole house , that the duke may be encouraged to proceed in his faithful service to the state : unto which , the commons so directly and fully answered , as if the two houses had been twins ; and what one had said , thought , and done , the other had thought , said , and done the same . and the commons desired to joyn with the lords , in signifying this to his majesty , which was done by the ensuing address . your majesties most loyal subjects , the lords , knights , citizens , and burgesses , assembled at this time in both houses of parliament , being informed of a complaint made unto your most excellent majesty against the duke of buckingham , that in the narrative , which by your majesties command , he made unto both houses , the four and twentieth of february last , he should let fall some passages , grievous to the honor of the king of spain , and inferred to be of so high a nature , as if the same had been delivered by any subject of that king against your majesty , it could not have been otherwise expiated then with the loss of his head that spoke it : taking this into their mature deliberation , and conceiving that this accusation doth in an oblique manner fasten an aspersion upon themselves also ; do in all submission and humility make unto your majesty a threefold representation : first , concerning that great king ; secondly , concerning that eminent lord ; thirdly , concerning themselves . first , concerning that king , they do with an unanimous vote of both houses , absolutely acquit , and clear the lord duke from letting fall any words at all derogatory to the honor of that king. for the second , that concerns my lord , they do in the like humility attest unto your most sacred majesty , that if my lord the duke had omitted any matter represented unto them that day , he had for so much failed in the performance of that duty and fidelity which he oweth unto your majesty , and to the business , and unto both houses . for the last , which concerneth themselves , they make bold in like humility to represent unto your majesty , that they do much honor my lord the duke for that narration , and do render unto him all possible thanks , for that fidelity and industry expressed therein ; and so without your further trouble , do humbly beseech your most excellent majesty , to interpret fair of this their representation , which they held themselves bound to offer unto your majesty , for the clearing of so eminent a person , who as they verily believe , hath in this negotiation , well deserved of your majesty and the commonwealth : so they heartily pray unto god to preserve your most excellent majesty . to which representation his majesty returned this answer . my lords and gentlemen all , i might have reason to speak nothing in regard of the person whereof you spake ; but in regard of your motion , it were not civil : for if i be silent , i shall wrong neither my self , nor that nobleman which you now spake of , because he is well known to be such a one , as stands in no need of a prolocutor , or fidejussor , to undertake for his fidelity , or well carrying of the business : and indeed to send a man upon so great an errand , whom i was not resolved to trust for the carriage thereof , were a fault in my discretion scarce compatible to the love and trust i bear him . it is an old and true saying , that he is a happy man that serves a good m●ster ; and it is no less truth , that he is a happy master that enjoys a faithful servant . the greatest fault ( if it be a fault ) or at leastwise the greatest error , i hope he shall ever commit against me , was his desiring this justification from you ; as if he should have need of any justification from others towards me , and that for these reasons . first , because he being my disciple and schollar , he may be assured . i will trust his own relation . secondly , because he made the same relation unto me , which he did afterward unto both houses ; so as i was formerly acquainted both with the matter and manner thereof : and if i should not trust him in the carriage , i was altogether unworth● of such a servant . he hath no interest of his own in the business ; he had ill thoughts at home for his going thither with my son , although it was my command , as i told you before . and now he hath as little thanks for his relation on the other part : yet he that serveth god and a good master , cannot miscarry for all this . i have noted in his negotiation these three remarkable things , faith , diligence , and discretion , whereof my son hath borne record unto me ; yet i cannot deny , but as he thought to do good service to his master , he hath given ill example to ambassadors in time to come , because he went this long journey upon his own charges . this would prove an ill example , if many of my ambassadors should take it for a president . he run his head into the yoke with the people here , for undertaking the journey ; and when he there spent above forty or fifty thousand pounds , never offered his accompt , nor made any demand for the same , or ever will. i hope other ambassadors will do so no more . i am a good master , that never doubted of him ; for i know him to be so good a schollar of mine , that i say without van●ty , he will not exceed his masters dictates : and i trust the report not the worse he made , because it is approved by you all ; yet i believe an honest man , as much as all the world , and the rather , because he was a disciple of mine . and i am glad he hath so well satisfied you , and thank you heartily for taking it in so good part , as i finde you have done . the lords having debated those high matters of state , which the king put into their hands , delivered their opinions , that his majesty cannot with honor and safety , and with the conveniency of state and religion , proceed any further in the treaty of the princes marriage , nor relie any longer upon the treaty for the recovery of the palatinate ; in which vote , the commons concurred with them . and in this manner both houses addressed themselves to the king. may it please your most excellent majesty , we are come unto you , imployed from your most faithful subjects and servants , the lords and commons assembled in this present parliament . and first , they and we do give most humble and hearty thanks unto almighty god , that out of his gracious goodness he hath been pleased now at last to dispel the clouds and mists which for so many years have dimmed the eyes of a great part of christendom , in the business whereof we do now consult . and secondly , we acknowledge our selves most bound unto your majesty , that you have been pleased to require the humble advice of us your obedient subjects in a case so important as this is , which hitherto dependeth between your majesty and the king of spain . which we jointly offer from both houses , no one person there dissenting or disagreeing from the rest . and it is upon mature consideration , and weighing many particulars of sundry natures , that finding so much wan● of sincerity in all their proceedings , we super totam materiam present this our humble address unto your majesty ; that the treaties both for the marriage and the palatinate may not any longer be continued with the honor of your majesty ▪ the safety of your people , the welfare of your children and posterity , as also the assurance of your antient allies and confederates . reasons were also presented , to fortifie this vote . whereas the propositions of the match were at the first no more then liberty of conscience to the infanta and her family , which the king might in honor grant ; the spaniards taking advantage of the prince's being in spain , importuned a general connivence of religion , to the diminution of the kings soveraignty , and against the usage of other catholick princes in the like treaties , and to the discouragement of all his well-affected subjects . and this they have labored with the pope , being of mischievous consequence . during this treaty , the popish faction hath mightily increased : and whereas heretofore they were wont to be divided , some taking part with the secular priests , and some with the iesuites , they are united ; which is a matter of great consequence , considering they do as well depend on spain for temporal matters , as on rome for spiritual : and they cannot be suppressed , as long as the treaty holds . they have by this treaty devoured our allies , and the protestant party in germany and elswhere , to the decay of true religion , and to the jealousie of our friends beyond the seas . during this treaty of love , they have spoiled his majesties son-in-law of his lands and honors ; and notwithstanding promises of restitution , still invaded his rights , and at length turned pretended difficulties into apparent impossibilities . they have deluded our king , and offered indignity to our prince , by importuning him again and again to a conversion , contrary ●o the law of hospitality , and the priviledge of princes . the insincerity of their proceedings is to be seen by that former overture of marriage for the late prince henry , which after many specious motions , was followed with a disavowing of their own ambassador , and a scornful proposition made to the king , of the prince's altering his religion . as also by the treaty of bruxels , where the lord weston found nothing but delays , and deceit ; and after divers peremptory commands from spain for his majesties satisfaction , it wrought no other effect then the besieging and taking of heidelburgh ; insomuch that the ambassador was forced to protest , and return . to these things were added , the translation of the electorate to the duke of bavaria , and the letter of the king of spain to conde olivares , with the conde's answer , which imported that the match was never intended . as also after the prince had taken a hazardous journey , they devised a shift by a iuncto of divines , to let him come home without the lady . these reasons were presented to the king by the universal consent of the house of commons . hereupon the king came to parliament , and made a speech deliberative , enquiring into the condition of the war which they advised , and the means to uphold and carry it on . my lords and gentlemen all , i have cause first to thank god with my heart and all the faculties of my mind , that my speech which i delivered in parliament hath taken so good effect amongst you , as that with an unanimous consent you have freely and speedily given me your advice in this great business , for which i also thank you all as heartily as i can . i also give my particular thanks to the gentlemen of the lower house , for that i heard when some would have cast jealousies and doubts between me and my people , they presently quelled those motions , which otherwise might indeed have hindred the happy agreement i hope to find in this parliament . you give me your advice to break off both the treaties , as well concerning the match , as the palatinate : and now give me leave , as an old king , to propound my doubts , and hereafter to give you my answer . first it is true , that i who have been all the days of my life a peaceable king , and have had the honor in my titles and impresses to be stiled rex paci●icus , should be loth without necessity to imbroil my self with war , far from my nature , and from my honor which i have had at home and abroad , in endeavouring to avoid the effusion of christian blood , of which too much hath been shed , and so much against my heart . i say , that unless it be upon such a necessity , that i may call it , as some say merrily of women , malum necessarium , i should be loth to enter into it . and i must likewise acquaint you , that i have had no small hope given me of obtaining better conditions for the restitution of the palatinate , and that even since the sitting down of the parliament : but be not jealous , or think me such a king that would under pretence of asking your advice , put a scorn upon you by disdaining and rejecting it : for you remember , that in my first speech unto you , for proof of my love to my people , i craved your advice in this great and weighty affair ; but in a matter of this weight , i must first consider how this course may agree with my conscience and honor ; and next according to the parable uttered by our saviour , after i have resolved of the necessity and justness of the cause , to consider how i shall be enabled to raise forces for this purpose . as concerning the cause of my children , i am now old ; and as moses saw the land of promise from an high mountain , though he had not leave to set his foot in it , so it would be a great comfort to me , that god would but so long prolong my days , as if i might not see the restitution , yet at least i might be assured that it would be ; that then i might with old simeon say , nunc dimittis servum tuum , domine , &c. otherwise it would be a great grief unto me , and i should die with a heavy and discomforted heart . i have often said , and particularly in the last parliament , and i shall ever be of that mind , that as i am not ambitious of any other mens goods or lands , so i desire not to enjoy a furrow of land in england , scotland or ireland , without restitution of the palatinate : and in this mind i will live and die . but let me acquaint you a little with the difficulties of this cause . he is an unhappy man , that shall advise a king to war ; and it is an unhappy thing to seek that by blood , which may be had by peace . besides , i think your intentions are not to engage me in war , but withal you will consider how many things are requisite thereunto . i omit to speak of my own necessities , ( they are too well known : ) sure i am , i have had the least help in parliament of any king that ever reigned over you these many years . i must let you know that my disabilities are increased by the charge of my son's journey into spain , which i was at , for his honor , and the honor of this nation : by sending of ambassadors , by maintaining of my children , and by assisting of the palatinate , i have incurred a great debt to the king of denmark , which i am not able yet to pay . the low-countries , who in regard of their nearness are fittest to help for the recovery of the palatinate , are at so low an ebb , that if i assist them not , they are scarce able to subsist . the princes of germany that should do me any good , are all poor , weak and disheartned , and do expect assistance from hence . for ireland , i leave it to you , whether that be not a back-door to be secured . for the navy , i thank god , it is in a better case then ever it was , yet more must be done ; and before it can be prepared as it ought to be , it will require a new charge as well for its own strength , as for the securing of the coasts . my children , i vow to god , eat no bread but by my means ; i must maintain them and not see them want . in the mean time , my customs are the best part of my revenues , and in effect the substance of all i have to live on ; all which are farmed out upon that condition , that if there be war , those bargains are to be disannulled , which will enforce a great defalcation . subsidies ask a great time to bring them in : now if you assist me that way , i must take them up beforehand upon credit , which will eat up a great part of them . this being my case , to enter into war without sufficient means to support it , were to shew my teeth , and do no more . in the mean time i heartily thank you for your advice , and will seriously think upon it , as i pray you to consider of those other parts . my treasurer , to whose office it appertains , shall more at large inform you of those things that concern my estate . thus freely do i open my heart unto you : and having your hearts , i cannot want your helps ; for it is the heart that openeth the purse , not the purse the heart . i will deal frankly with you : shew me the means how i may do what you would have me , and if i take a resolution by your advice to enter into a war , then your selves by your own deputies shall have the disposing of the money ; i will not meddle with it , but you shall appoint your own treasurers . i say not this with a purpose to invite you to open your purses , and then to slight you so much as not to follow your counsel , nor engage you before i be engaged my self . give me what you will for my own means ; but i protest , none of the monies which you shall give for those uses , shall be issued but for those ends , and by men elected by your selves . if upon your offer i shall find the means to make the war honorable and safe , and that i resolve to embrace your advice , then i promise you in the word of a king , that although war and peace be the peculiar prerogatives of kings , yet as i have advised with you in the treaties on which war may ensue , so i will not treat nor accept of a peace , without first acquainting you with it , and hearing your advice ; and therein go the proper way of parliament , in conferring and consulting with you : and happily , the conditions of peace will be the better , when we be prepared for war ; according to the old proverb , that weapons bode peace . your kind carriage gives me much content ; and that comforts me , which my lord of canterbury said , that there was not a contrary voice amongst you all ; like the seventy interpreters , who were led by the breath of god. i am so desirous to forget all rents in former parliaments , that it shall not be in my default , if i am not in love with parliaments , and call them often , and desire to end my life in that entercourse between me and my people , for the making of good laws , reforming of such abuses as i cannot be well informed of but in parliament , and maintaining the good government of the commonwealth . therefore go on cheerfully , and advise of these points , and my resolution shall then be declared . hereupon the house of commons immediately took into consideration the matter of supply : and sir edward sackvile , afterwards earl of dorset , spake thus to that subject . since supply unto his majesty is now in question , of which i hope there will be no question , i humbly ask leave of this honorable assembly to speak my opinion ; assuring you , that when a treaty of grievances shall be on foot , it shall appear i will not sit silent , if i find my self able to say any thing that may lend a hand to unload my country of that heavy burthen it now groans under by reason of the innumerable number of monopolies , which like so many incubusses and succubusses exhaust the vital spirits , and so press down those parts which ought to enjoy free respiration , as without some speedy remedy is like to run to extreme hazard . but this i refer to its proper time , and reserve my self for it , and now proceed to the matter in hand . sure , i do think there are very few that serve in this house ( if there be any ) who do not confidently believe , that the chief motive which induced his majesty at this time to assemble this parliament , was a meer necessity to be by us enabled for the recovery of the patrimony belonging to the king of bohemia , now almost traversed from him , and in the possession of a powerful enemy . if there be any who doubt of this truth , i hope he may easily rest satisfied , when i shall assure him ( out of my own knowledge ) that many days before this session , his majesty commanded a select number of noblemen and gentlemen , the most part whereof have been commanders in the wars , and some yet are , to consult together of what number of men an army ought to be composed , which might be able to recover the palatinate , and protect it from a second invasion . these according to his majesties good pleasure divers days met together at one appointed place , and there contributed their best endeavors : at least they have finished their task ; advised the king of the number of soldiers ; they have estimated the present charge his majesty must be at for the relieving , arming , clothing , munition and habiliments of war ; these have likewise calculated the annual expence for the maintenance of them . the first i will now inform you ; and for the last point , because of a greater charge and consequence , i will allow more time of consideration . twenty five thousand foot , and five thousand horse , is the portion they all agree on ; and less they could not consider to be sent , considering they were to combat with an enemy so far from hence , already in possession of a great part of the country , well fortified in many places , master of an army composed with twenty thousand foot and four thousand horse , most veterane soldiers , commanded by the best captains now known in the christian world , except the prince of orange ; after whom to be esteemed second , is the highest praise : i say , all these respects duly weighed , there could not in their judgments be abated of this proportion : and this army was framed on that mould which the secretaries of state gave them of the enemies strength . the issue of battels is in the hands of god : the eyes of humane providence cannot see beyond its horizon ; it cannot ascertain future contingents , it can only judge of what seems fit to be done , guided by the rules of probability and reason . events happen often contrary , and never more contrary then in matters of warfare : yet admit a sinister success to happen , a counsel wisely taken ought not therefore to lose the due commendations . sirs , i have told you the number ; you now expect to know the present charge , in which i shall deal most truly with you . believe me , his majesty must disburse thirty thousand pounds for provision of necessities to furnish such an army to be sent ; the most part of the provisions must be made beyond the seas , for there arms are best , and best cheap : this army must ( if such an army ) go by the end of april . it was god that said , let there be light , and it was so : kings ( though they be stiled gods ) enjoy no such power , incommunicable to any kings . whatever their ends or desires are , they must allow time to the consummation of them : they be soveraigns over us , but subject unto time. but what need i add spurs to a forward horse ? in my conscience , there are few members in this house , that to that holy war ( as i may justly stile it ) would not as willingly and as heartily contribute the service of their persons , as the assistance of their purses . i know i speak the language of all your hearts , let us shew our faith by our works : time was to have done much better then now we can ; time is that we may do well ; but if we attend somewhat longer , time will be past : so as all we do then will be so out of season , as it can produce neither any great , nor any good effect . but stay , methinks i hear some say , why his majesty told us , that by way of treaty he hoped so to prevail , as the palatinate should be restored . i confess i heard so to ; and heaven be pleased to crown his actions with success , as the piousness of his intentions deserves . but i must be excused , if i doubt it , if i fear it , if i despair of it : for it is no article of my faith to believe in miracles . but suppose this might be brought to pass , what then , shall this gift of ours be lost , or cast away ? no sure , it will be well bestowed , if as a sacrifice of our thankfulness we offer it unto his maj●sty , by whose wisdom that is regained ; which certainly by any other course , must needs have exposed our persons to great danger , and our purses to much more expence . and in this we shall do as he that receiveth a rich present , and returns a small reward . perhaps this way may not quadrate with every mans conceipt ; if not , then let this which his majesty demands to make provision for a foreign army , be employed in rearing a magazin here at home , since so great is the want of munition , as i wonder we all cry out for want of money , and never think how to be stored of that , which of the two , is more necessary : seeing by the one , we are onely enabled to live more plenteously and sumptuously ; and by the other , our lives are preserved free from misery and slavery . in matters of moment , i know it is as laudable to use deliberation before a resolution , as after that once taken , celerity in execution . council is the compass by which all great actions ought to be guided ; it is the stear by which wise men do shape their courses . i allow it , i commend it , i advise it ; yet to be so slow , so discussive , so long in resolving , all we then can do , will be no more worth then a physitian after death . sure such a dulness , must needs accuse us of much weakness , if it admit of no worse construction , ( bis dat qui cito dat ) freeness in giving graceth the gift ; dimidium facti qui bene coepit habet . we have a long journey to go , and to set forward is half the way . how pressing the occasion is , my tongue faints to tell , ( vox faucibus haeret ) the foxes have holes , and the birds of the air have nests ; but the daughter of our king and kingdom scarce knows where to lay her head , or if she do , not where in safety . lastly , when we had no other object in our contemplations , but the memory of her vertue ( which remaineth in durable characters in the heart of every honest man ) what a forwardness and ferventness did we express in these our voluntary contributions , notwithstanding that some base , sordid , and avaritious men who adored their mammon , deterred men from that noble and pious work . they were then but panick terrors , clouds cast before the sun which now shines out so bright , as all those mists are vanished . his majesty calls to us for aid , he invites us to it , and he that was born to command , now vouchsafes to entreat us : now if ever , now is the time to do our country good . do we desire to sweep all grievances out of this land ? do we desire to extinguish the care of them , that they may never more germinate in this commonwealth ? do we desire to destroy those spiders that spin this net ? now if ever , now is the time to effect it . and to arive at this blessing , methinks i discover a plain and easie way ; let us please the king first , and i speak it with faith , he will be gratiously pleased to reward us : prove rich merchants , and make a brave return . great and generous spirits are then most apt to make requests , when first they have obtained their own . in the region of kings , the way to conquer is to submit ; and nothing more obligeth an honest heart to perform what is expected , then to believe and trust in him . this is the way to make his majesty not onely love , but fall in love with parliaments : this is the way to recal them home from exile , and again render them frequent amongst us : this is the way to fix this , until we have purchased present ease , and future happiness to our country . let his majesty have hearts ease amongst us , and we shall receive from his royal hand that dictamum which must expel these arrows that hang in the sides of the commonwealth . thus have i delivered my opinion , which if it be not the same with every one here present , i shall beg that favorable censure which charity commands me to afford to all . let him believe , i have spoken my conscience , as i shall of him , though he happen to dissent from my opinion : for from what circumference soever the lines be drawn , the center is the same , which is our countreys good ; at which , the desire of every man ought to aim , and the duty of every man ought to desire . he that would take another course , and have grievances first preferred ; if he wished that out of a good to his countrey , as unwilling to innovate antient proceedings ; of this man i will onely say , optime sentit cato , sed nocet interdum reipublicae : but if there be any other who out of a corrupt and imposthumate heart , looking to false and foreign ends , would endeavor to put a partition-wall between the king and his people , this man i dare pronounce neither good subject , nor good englishman , nor good christian ; but the agent of base and beggerly promoters , needy and greedy projectors , and a friend to those monsters , which i hope have no generation ; who not born to any fortune , nor having vertue , nor industry , by which they might hope to obtain any , yet like harpies greedy to devour other mens possessions , care not what way they take to become masters of them , sleighting the latter day of judgment , so they may rest secured from yielding any account in this world. i have no more to say , but that god would be pleased to incline our hearts to do that which may be most for his glory , next for the kings service , then for the countreys happiness . since supply unto his majesty is now in question , of which i hope there will be no question , i humbly ask leave of this honorable assembly to speak my opinion ; assuring you , that when a treaty of grievances shall be on foot , it shall appear i will not sit silent , if i find my self able to say any thing that may lend a hand to unload my country of that heavy burthen it now groans under by reason of the innumerable number of monopolies , which like so many incubusses and succubusses exhaust the vital spirits , and so press down those parts which ought to enjoy free respiration , as without some speedy remedy is like to run to extreme hazard . but this i refer to its proper time , and reserve my self for it , and now proceed to the matter in hand . sure , i do think there are very few that serve in this house ( if there be any ) who do not confidently believe , that the chief motive which induced his majesty at this time to assemble this parliament , was a meer necessity to be by us enabled for the recovery of the patrimony belonging to the king of bohemia , now almost traversed from him , and in the possession of a powerful enemy . if there be any who doubt of this truth , i hope he may easily rest satisfied , when i shall assure him ( out of my own knowledge ) that many days before this session , his majesty commanded a select number of noblemen and gentlemen , the most part whereof have been commanders in the wars , and some yet are , to consult together of what number of men an army ought to be composed , which might be able to recover the palatinate , and protect it from a second invasion . these according to his majesties good pleasure divers days met together at one appointed place , and there contributed their best endeavors : at least they have finished their task ; advised the king of the number of soldiers ; they have estimated the present charge his majesty must be at for the relieving , arming , clothing , munition and habiliments of war ; these have likewise calculated the annual expence for the maintenance of them . the first i will now inform you ; and for the last point , because of a greater charge and consequence , i will allow more time of consideration . twenty five thousand foot , and five thousand horse , is the portion they all agree on ; and less they could not consider to be sent , considering they were to combat with an enemy so far from hence , already in possession of a great part of the country , well fortified in many places , master of an army composed with twenty thousand foot and four thousand horse , most veterane soldiers , commanded by the best captains now known in the christian world , except the prince of orange ; after whom to be esteemed second , is the highest praise : i say , all these respects duly weighed , there could not in their judgments be abated of this proportion : and this army was framed on that mould which the secretaries of state gave them of the enemies strength . the issue of battels is in the hands of god : the eyes of humane providence cannot see beyond its horizon ; it cannot ascertain future contingents , it can only judge of what seems fit to be done , guided by the rules of probability and reason . events happen often contrary , and never more contrary then in matters of warfare : yet admit a sinister success to happen , a counsel wisely taken ought not therefore to lose the due commendations . sirs , i have told you the number ; you now expect to know the present charge , in which i shall deal most truly with you . believe me , his majesty must disburse thirty thousand pounds for provision of necessities to furnish such an army to be sent ; the most part of the provisions must be made beyond the seas , for there arms are best , and best cheap : this army must ( if such an army ) go by the end of april . it was god that said , let there be light , and it was so : kings ( though they be stiled gods ) enjoy no such power , incommunicable to any kings . whatever their ends or desires are , they must allow time to the consummation of them : they be soveraigns over us , but subject unto time. but what need i add spurs to a forward horse ? in my conscience , there are few members in this house , that to that holy war ( as i may justly stile it ) would not as willingly and as heartily contribute the service of their persons , as the assistance of their purses . i know i speak the language of all your hearts , let us shew our faith by our works : time was to have done much better then now we can ; time is that we may do well ; but if we attend somewhat longer , time will be past : so as all we do then will be so out of season , as it can produce neither any great , nor any good effect . but stay , methinks i hear some say , why his majesty told us , that by way of treaty he hoped so to prevail , as the palatinate should be restored . i confess i heard so to ; and heaven be pleased to crown his actions with success , as the piousness of his intentions deserves . but i must be excused , if i doubt it , if i fear it , if i despair of it : for it is no article of my faith to believe in miracles . but suppose this might be brought to pass , what then , shall this gift of ours be lost , or cast away ? no sure , it will be well bestowed , if as a sacrifice of our thankfulness we offer it unto his maj●sty , by whose wisdom that is regained ; which certainly by any other course , must needs have exposed our persons to great danger , and our purses to much more expence . and in this we shall do as he that receiveth a rich present , and returns a small reward . perhaps this way may not quadrate with every mans conceipt ; if not , then let this which his majesty demands to make provision for a foreign army , be employed in rearing a magazin here at home , since so great is the want of munition , as i wonder we all cry out for want of money , and never think how to be stored of that , which of the two , is more necessary : seeing by the one , we are onely enabled to live more plenteously and sumptuously ; and by the other , our lives are preserved free from misery and slavery . in matters of moment , i know it is as laudable to use deliberation before a resolution , as after that once taken , celerity in execution . council is the compass by which all great actions ought to be guided ; it is the stear by which wise men do shape their courses . i allow it , i commend it , i advise it ; yet to be so slow , so discussive , so long in resolving , all we then can do , will be no more worth then a physitian after death . sure such a dulness , must needs accuse us of much weakness , if it admit of no worse construction , ( bis dat qui cito dat ) freeness in giving graceth the gift ; dimidium facti qui bene coepit habet . we have a long journey to go , and to set forward is half the way . how pressing the occasion is , my tongue faints to tell , ( vox faucibus haeret ) the foxes have holes , and the birds of the air have nests ; but the daughter of our king and kingdom scarce knows where to lay her head , or if she do , not where in safety . lastly , when we had no other object in our contemplations , but the memory of her vertue ( which remaineth in durable characters in the heart of every honest man ) what a forwardness and ferventness did we express in these our voluntary contributions , notwithstanding that some base , sordid , and avaritious men who adored their mammon , deterred men from that noble and pious work . they were then but panick terrors , clouds cast before the sun which now shines out so bright , as all those mists are vanished . his majesty calls to us for aid , he invites us to it , and he that was born to command , now vouchsafes to entreat us : now if ever , now is the time to do our country good . do we desire to sweep all grievances out of this land ? do we desire to extinguish the care of them , that they may never more germinate in this commonwealth ? do we desire to destroy those spiders that spin this net ? now if ever , now is the time to effect it . and to arive at this blessing , methinks i discover a plain and easie way ; let us please the king first , and i speak it with faith , he will be gratiously pleased to reward us : prove rich merchants , and make a brave return . great and generous spirits are then most apt to make requests , when first they have obtained their own . in the region of kings , the way to conquer is to submit ; and nothing more obligeth an honest heart to perform what is expected , then to believe and trust in him . this is the way to make his majesty not onely love , but fall in love with parliaments : this is the way to recal them home from exile , and again render them frequent amongst us : this is the way to fix this , until we have purchased present ease , and future happiness to our country . let his majesty have hearts ease amongst us , and we shall receive from his royal hand that dictamum which must expel these arrows that hang in the sides of the commonwealth . thus have i delivered my opinion , which if it be not the same with every one here present , i shall beg that favorable censure which charity commands me to afford to all . let him believe , i have spoken my conscience , as i shall of him , though he happen to dissent from my opinion : for from what circumference soever the lines be drawn , the center is the same , which is our countreys good ; at which , the desire of every man ought to aim , and the duty of every man ought to desire . he that would take another course , and have grievances first preferred ; if he wished that out of a good to his countrey , as unwilling to innovate antient proceedings ; of this man i will onely say , optime sentit cato , sed nocet interdum reipublicae : but if there be any other who out of a corrupt and imposthumate heart , looking to false and foreign ends , would endeavor to put a partition-wall between the king and his people , this man i dare pronounce neither good subject , nor good englishman , nor good christian ; but the agent of base and beggerly promoters , needy and greedy projectors , and a friend to those monsters , which i hope have no generation ; who not born to any fortune , nor having vertue , nor industry , by which they might hope to obtain any , yet like harpies greedy to devour other mens possessions , care not what way they take to become masters of them , sleighting the latter day of judgment , so they may rest secured from yielding any account in this world. i have no more to say , but that god would be pleased to incline our hearts to do that which may be most for his glory , next for the kings service , then for the countreys happiness . to the doubts which the king propounded , the parliament gave solution by a committee of both houses , in the declaration following , delivered by the archbishop of canterbury , with this introduction . may it please your sacred majesty , we are come to you again , from your most faithful subjects and loyal servants , the lords and commons assembled in this present parliament . and first , we humbly let your majesty know , how much we hold our selves bounden unto almighty god , that he hath sent a king to rule and reign over us ; who is pleased in the greatest and weightiest causes , to speak and to be spoken to in parliament by his good and loving people , which causeth the king to understand them , over whom he beareth rule , and them again to understand him : and is a true bond that tieth the heart of the sovereign to the subject , and of the subject reciprocally to their leige lord and sovereign . and next , we rejoyce that your majesty hath shewed your self sensible of the insincerity of the king of spain , with whom of late you have had a double treaty ; and of the indignities offered by them unto your blessed son , the prince , and to your royal daughter . and that your kingly heart is filled with an earnest desire to make reparation to her noble consort , and her self , of the palatinate their patrimonial possession , which is agréeable to iustice , and to all laws of god and man. for the effecting whereof , to certifie with what alacrity , with what expediteness and uniformity of heart , both your houses of parliament , in the name of your whole kingdom , have borne themselves unto your majesty , with offer to give their royal assistance , we have digested it into writing ; lest by the verbal or vocal delivery of any person , it may miscarry ; or the expression of our zeal , be weakned or diminished . which we humbly pray your majesty to give leave to be read unto you . most gratious sovereign , we your majesties most humble and loyal subjects , the lords and commons in this present parliament assembled , do first render to your sacred majesty our most dutiful thanks , for that to our unspeakable comfort , you have vouchsafed to express your self so well satisfied with our late declaration made unto your majesty , of our general resolution , in pursuit of our humble advice to assist your majesty in a parliamentary way with our persons and abilities . and whereas your majesty in your great wisdom and iudgment , foreséeing that it will make a déeper impression both in the enemies of that cause , and in your friends and allies , if they shall not onely hear of the chearful offers , but also sée the real performance of your subjects towards so great a work. your majesty was pleased to descend to a particular proposition for the advancing of this great business , we therefore in all humbleness , most ready and willing to give your majesty and the whole world , an ample testimony of our sincere and dutiful intensions herein , upon mature advice and deliberation , as well of the weight and importance of this great affair , as of the present estate of this your kingdom ( the weal and safety whereof is in our iudgments , apparently threatned , if your majesties resolution for the dissolving of the treaties now in question , be longer deferred ; and that provision for defence of your realm , and aid of your friends and allies , be not seasonably made ) have with a chearful consent of all the commons ( no one dissenting ) and with a full and chearful consent of the lords , resolved , that upon your maiesties publick declaration , for the dissolution and utter discharge of both the said treaties of the marriage , and of the palatinate , in pursuit of our advice therein , and towards the support of that war which is likely to ensue , and more particularly for those four points proposed by your majesty ; namely , for the defence of this your realm ; the securing of ireland ; the assistance of your neighbors ; the states of the united provinces , and other your majesties friends and allies , and for the setting forth of your royal navy , we will grant for the present the greatest aid which ever was given in parliament : that is to say , thrée intire subsidies , and thrée fiftéens , to be all paid within the compass of one whole year , after your majesty shall be pleased to make the said declaration , the money to be paid into the hands and expended by the direction of such committées or commissioners , as hereafter shall be agréed upon at this present session of parliament . and we most humbly beséech your majesty to accept of these first-fruits of our hearty oblation , dedicated to that work which we infinitely desire , may prosper and be advanced . and for the future to rest confidently assured , that we your loyal and loving subjects will never fail in a parliamentary way to assist your majesty in so royal a design , wherein your own honor , and the honor of your most noble son , the prince , the antient renown of this nation , the welfare and very subsistence of your noble and onely daughter , and her consort , and their posterity , the safety of your own kingdom , and people , and the prosperity of your neighbors and allies , are so déeply engaged . herunto his majesty replied . my lords and gentlemen all , i have nothing to say to the preamble of my lord of canterbury , but that he intimated something in it which i cannot allow of : for whereas he said i have shewed my self sensible of the insincerity of those with whom i had lately to deal , and of the indignity offered to my children : in this you must give me leave to tell you , that i have not expressed my self to be either sensible or insensible of the good or bad dealing . it was buckinghams relation to you which touched upon it ; by it you must not bar me , nor make iupiter speak that which iupiter speaks not : for when i speak any such thing , i will speak it with that reason , and back it with that power which becomes a king. as for the matter of the declaration unto my demands , which you have couched in that paper , which i now heard read unto me , i confess it is without example that any king hath had such an offer . and with your favor i need fear nothing in this world , having so much the hearts of my people . for the large offer of assistance , i hold it to be more then millions of subsidies ; and indeed it is an ample reward for the trust and freedom which i have used with you but my lords and gentlemen , you must give me leave on the one side , to consider the possibility of the action : for in this case i must do as a man that maketh a fortification , which must have out-works and inworks ; so i must not deal onely with mine own people , but with my neighbors advice to assist me in so great a business for recovery of the palatinate . and in this case it is not sufficient to have the hearts of my subjects , without the help of my neighbors and allies ; on the other side , unless particular means be set down , it will neither be a bridle to our enemies , nor a comfort to my friends , who shall joyn with me . general words will not carry it , therefore i must resort to particular means , and follow the counsel of our saviour christ in the gospel , before i begin a war , to see how i can maintain it . god knows it is a longsome work , yet i desire with moses , as i said before , but to see the land of promise , though i live not till it be recovered . but unless particular means be discovered , it is little to the point : therefore since you give me such fair general promises , i will deal freely with you , i will tell you in particular , the way i will propose , either by way of subsidies or otherwise ; which being done in parliament , is a parliamentary way . i would require you to be pleased to bestow upon me five subsidies and two fifteens to every subsidy for the war : and for mine own necessities , my crying debts are so heavy , that no man can bear them with a greater grief of heart , and sting of conscience , then i have done and do . and i now growing old , would be glad to see a means for the satisfying of my debts , before i go out of the world. and for this end , i desire you would give me one subsidy and two fifteens yearly , until my debts be paid . here the prince his highness taking notice of an objection made , that this might seem contradictory to that which his highness had told the committee of both houses , that the kings majesty would ask nothing for his own particular , till the wars were provided for : the prince said , that the duke of buckingham in his absence hath moved this doubt unto the king. whereupon the duke affirmed , that speaking with the king about it , his majesty was pleased to say , if we would adde one subsidy and two fifteens to make it up six subsidies and twelve fifteens for the war , he was well content to quit that which he hath asked for his own necessities . the king proceeded . if this may be done , or that i may see a fair way for it , i will follow your advice ; for i would never have asked your advice to reject it , or to put a scorn upon you : for the levying of these subsidies and fifteens , i would have you consider how to clear these two difficulties . if you levy them too suddenly , it may be heavy for the people ; if you stay too long , it will not serve the turn . but this i leave to your consideration : and since i leave it to your selves to receive the money , and expend it by your own committees of both houses , you may be the more secure . and yet i would not have you to be too hasty in the levying of it , that no extremity be shewed to my people by imposing too heavy a burthen upon them , which god forbid . on the other side , the business will not suffer too long lingring about it . i told you before , i had in this great business , to look to my conscience and honor , as well as to the means . for the means , i must have it from you ; my conscience and honor is mine own , of which i have thought , and do think daily . and how i shall be able to discharge them as a king ought to do , yet not without taking help of your advice , which i would never have moved , unless i had meant to follow it . here again the prince , said he , had spoken with his father , to know of him whether he were satisfied in honor and conscience , that he might in this case undertake a war ; and that his majesty answered , he was already satisfied and resolved therein ; but for the manner of publishing it , he would take your advice . then the duke of buckingham said , the reason why his majesty used these words , was , that having formerly spoken of his honor and conscience , if he should now have left them out , it might have been thought that money onely had drawn him to it : but the king said , he was already satisfied , and resolved , yet would have your advice for the manner of declaring of it . the king again proceeded . i told you before , that this was the way to make me in love with parliaments , and to shew mine inclination to continue them still . my resolution is to make this a session for the passing of as many good laws , as in convenient time may be prepared ; and at michaelmas , or within a few days after to have a new session , and another at the spring . and in the mean time , you may go down and acquaint your selves with the grievances of my people ; and you shall see my care to make good laws , and to reform abuses ; that so my subjects may finde the good fruits of parliaments , and rejoyce in them . and i protest , as i have asked your advice in these points , which i needed not to have done ; so i will never enter any agreement or treaty of composition for peace , which is the end of war ( else it is unjust and unchristian ) without your advice ; and i will help you my self , if we enter into a war , to make it allowable to the world , and honorable for me . so the king resolved and declared his resolution to dissolve the treaties . hereupon bonfires were made in london , and the bells rung for joy . then the parliament made haste to pass the act for the grant of three subsidies , and three fifteens , to be employed for the use aforesaid ; and by the same act , treasurers were appointed to receive and disburse the moneys , and a council of war to manage the design . the king made the ensuing declaration to both houses of parliament . my nobles and gentlemen , the last time i spake to you anent this great business , i told you what in my opinion was necessarily required to the beginning of it . the reasons whereof you have truly set down out of my last speech , wherein i shewed you what good it would do , and what harm it might free us from ; to express particular aids at this time , as well as general promises . it is true , i must confess that how far you declare your selves , is sufficient for the present entrance into the business , though a great deal short of what i told you it would require . but as god bears me record , and i think the hearts of all my loving subjects will testifie for me , i never did stick for money , but onely desired you to clear your selves by particulars , that i may see how i may be able to go through so great a matter , at least to make a good beginning of the war ; for what the end will be , god knows . so on the other part , i gave you thanks for your general offer , by which you did engage your selves in your lives and estates , which is more then forty subsidies , if you had named them , and more worth then a kingdom ; for the strength of a king , next under the protection of god , stands in the hearts of his people . and i must needs say in this particular , it is without example , that ever any parliament for a beginning , gave to a king so great a supply to be levied in so short a time : this may well serve for a preparation . and for my part , first , considering your general offer , ( which is ten times more to me then all subsidies ) and next considering that these particulars coming from you , be as much as at once you are able to pay in so short a time , being within a year , and as much as may be well expected : therefore with as much love , and as great thanks , as a loving and kinde king can give to so loving and dutiful a people . i thank you for your offer , and do accept it . i told you before , that i would never have craved your advice to reject it , and so to put a scorn upon you : think me not the man. it is true , i think no wise king can undertake so great a bargain , but he must well be-think himself before-hand : and i account it better that a king advise well before he take a resolution , then advise rashly , and after repent . therefore , my lords and gentlemen , i declare unto you , that as i am willing to follow your advice in the annulling and breach of the two treaties , both of the match , and of the palatinate : so on the other part , i assure my self , you will make good what you have said , that what you advise me unto , you will assist me with your wisdom , and council , and forces , if need require . i pray you have a charitable opinion of me , as you are to have of a king who hath so long ruled and governed over you , ( and i may vaunt my self thus far to have done it with justice and peace . ) but , as i told you before , all my forbearance hath been for sparing the effusion of christian blood , and as the most easie and probable way for recovering the palatinate for my children . it is true , i have been so long delayed , and paid with generals , that i dare not trust longer unto that which made me erre . the duke of buckingham made a particular relation unto you , of all that business ; and i am sure such an accompt was never before given in parliament , that thereby you may know what to trust to . i could in this case have resolved my self , but i thought it could not but be both a strength and honor to me to have the advice of my people . my lords , in the late parliament i then declared it unto you , that i was resolved without respect of friendship , or match , or whatsoever , to have the palatinate one way or other : i hope you remember it . god is my judge and saviour , i never had any other end , and it is pitty i should live to have any other end ; and for my part , except by such means as god may put into my hands , i may recover the palatinate , i could wish never to have been born . i am old , but mine onely son is yong , and i will promise for my self and him both , that no means shall be unused for the recovery of it ; and this i dare say , as old as i am , if it might do good to the business , i would go in mine own person , and think my labor and travel well bestowed , though i should end my days there . for if i should spare any means possible for the recovery of it , then let me not be thought worthy to reign over you ; and in good faith , i never resolved to live with other minde ; and i will say more , there was never any enemy of my son-in-law , with whom i talked on of the business , or any that i ever spake with of the same ; which did not say , and confess i had reason to have the palatinate , one way or other : and when they say that it is good reason , and themselves allow it , it is a good spur to me to think on it . my lords and gentlemen , thus far assure your selves , i will go chearfully about it , to prepare all things possible for it ; and as you have given the means , so will i employ them toward it . in the next degree , i hope you will think of me , but that i leave to your own counsel and consideration . but i protest to god , a penny of this money shall not be bestowed but upon this work , and by your own committees ; and i assure my self , you will think of me for a double reason . my customs are likely to fall , by occasion of the war , and my charges increase ; but undertaking the war , i must go through with it one way or other , though i sell my jewels and all . in the next session you will consider how this hath been husbanded ; and according to that , think what is next to be done ; and it will spur you the more to enable me for the rest , whereof i spake to you before . his majesty further said , i will clear you in some things ; for i will not deal with you in any thing , but fairly and clearly as a king : though i have broken the necks three of parliaments , one after another , i hope that in this parliament you shall be so resolved of the sincerity of my heart , and of your duties and affections , that this shall be a happy parliament , and make me greater and happier then any king of england ever was . in my last speech i promised you , that if i accepted your offer , i would follow your advice , and would not after hearken to any treaty of peace , without first acquainting you , and requiring your advice ; and i likewise promised nothing should be spent of your moneys , but by your own committees . but i desire you to understand , that i must have a faithful secret counsel of war , that must not be ordered by a multitude , for so my designs may be discovered before hand ; and one penny of this money shall not be bestowed , but in sight of your own committees . but whether i shall send twenty thousand pounds , or ten thousand pounds ; whether by sea or land , east or west , by diversion , or otherwise by invasion upon the bavarian or emperor , you must leave that to your king. assure your selves ; my delay hitherto was upon hope to have gotten it without a war. i held it by a hair , hoping to have gotten it by a treaty ; but since i see no certainty that way , i hope that god who hath put it into your hearts thus to advise me , and into my heart to follow your advice , will so bless it , that i shall clear my reputation from obliquy ; and in despight of the devil , and all his instruments , shew that i never had but an honest heart . and i desire , that god would bless our labors for the happy restitution of my children ; and whosoever did the wrong , i deserved better at their hands . after this , the king purposing to signifie to the king of spain , that his parliament had advised him to break off the treaties , and to recover the palatinate by war : the notice of a sharp petition against popish recusants framed by the house of commons , and sent up to the lords for their concurrence , did a little stagger his resolution , as appeareth by the following letter written with his own hand to secretary conway . i doubt not but you have heard what a stinging petition against the papists , the lower house have sent to the higher house this day , that they might joyntly present it unto me . ye know my firm resolution not to make this a war of religion ; and seeing i would be loth to be coney-catched by my people , i pray you stay the post that is going to spain , till i meet with my son , who will be here to morrow morning : do it upon pretext of some more letters ye are to send by him ; and if he should be gone , hasten after him to stay him upon some such pretext ; and let none living know of this , as you love me . and before two in the afternoon to morrow , you shall without fail hear from me , farewell . james r. the petition which the king called a stinging one , was intended to be presented to his majesty from both houses in form as followeth . may it please your most excellent majesty , we your majesties most humble and loyal subjects , the lords and commons in this present parliament assembled , having to our singular comfort received your princely resolution upon our humble petition , to dissolve the two treaties of the match , and of the palatinate ; and having on our parts with all alacrity and readiness humbly offered our assistance to your majesty , to maintain the war which may ensue thereupon : yet withal sensibly finding what seditious and traiterous positions those incendiaries of rome , and professed engines of spain , the priests and iesuites , infuse into your natural born subjects ; what numbers they have seduced , and do daily seduce , to make their dependance on the pope of rome and king of spain , contrary to their allegiance to your majesty their liege lord ; what daily resort of priests and iesuites into your kingdoms ; what concourse of popish recusants , much more then usual , is now in and about the city of london ; what boldness , yea , what insolency they have discovered out of the opinion conceived of their foreign patronage ; what publick resort to masses , and other exercises of the popish religion , in the houses of foreign ambassadors there is daily , to the great grief and offence of your good subjects ; what great preparations are made in spain , sit for an invasion , the bent whereof is as probable to be upon some part of your majesties dominions , as upon any other place ; what encouragement that may be to your enemies , and the enemies of your crown , to have a party , or but the opinion of a party within your kingdoms , who do daily increase and combine themselves together for that purpose ; what disheartening of your good and loving subjects , when they shall see more cause of fear from their false-hearted countreymen at home , then from their professed adversaries abroad ; what apparent dangers by gods providence , and your majesties wisdom and goodness they have very lately escaped , which the longer continuance upon those treaties , upon such unfitting conditions , fomented by your own ill-affected subjects , would surely have drawn upon your majesty , and your state ; do in all humbleness offer unto your sacred majesty these their humble petitions following . i. that all iesuites and seminary priests , and all others , having taken orders by any authority derived from the sea of rome , may by your maiesties proclamation be commanded forthwith to depart out of this realm , and all other your highness ' s. dominions ; and neither they , nor any other to return or come hither again , upon peril of the severest penalty of the laws now in force against them ; and that all your majesties subjects may hereby also be admonished not to receive , entertain , comfort or conceal any of that viperous brood , upon penalties and forfeitures which by the lawes may be imposed upon them . ii. that your majesty would be pleased to give streight and speedy charge to the iustices of peace in all parts of this kingdom , that ( according to the laws in that behalf made , and the orders taken by your majesties privy-councel heretofore for policy of state ) they do take from all popish recusants legally convicted , or justly suspected ; all such armor , gunpowder , and munition of any kinde , as any of them have either in their own hands , or in the hands of any other for them , and to see the same safely kept , and disposed according to the law , leaving for the necessary defence of their house and persons , so much as by the law is prescribed . iii. that your majesty will please to command all popish recusants , and all other who by any law or statute are prohibited to come to the kings court , forthwith under pain of your heavy displeasure and severe execution of your laws against them , to retire themselves , their wives and families from or about london , to their several dwellings , or places by your laws appointed , and there to remain confined within five miles of their dwelling places , according to the lawes of this your realm : and for that purpose to discharge all by-past licences granted unto them for their repair hither ; and that they presume not any time hereafter to repair to london , or within ten miles of london , or to the kings court , or to the princes court , wheresoever . iv. that your majesty would forbid and restrain the great resort and concourse of your own subjects , for the hearing of masse , or other exercises of the romish religion , to the houses of foreign ambassadors , or agents , residing here for the service of their several princes or states . v. that where of late in several counties in this realm some have been trusted in the places of lord-lieutenants , deputy-lieutenants , commissioners of oyer and terminer , iustices of peace , and captains of their countries , which are either popish recusants , or non-communicants by the space of a year now last past , or which do not usually resort to the church to divine service , and can bring no good certificate thereof ; that your majesty would be pleased to discharge them from these places of trust , by which they have that power in the countrey where they live , as is not fit to be put into the hands of persons so affected . vi. that your majesty would be pleased generally to put the lawes in due execution , which are made , and stand in force against popish recusants ; and that all your iudges , iustices , and ministers of iustice , to whose care these things are committed , may by your maiesties proclamation be commanded to do their duty therein . vii . that seeing we are thus happily delivered from that danger which these treaties now dissolved , and that use which your ill-affected subiects made thereof , would certainly have drawn upon us ; and cannot but foresee and fear least the like may hereafter happen , and unevitably bring such peril to your maiesties kingdoms : we are most humble suitors to your gracious maiesty , to secure the hearts of your good subiects by the engagement of your royal word unto them ; that upon no occasion of marriage or treaty , or other request in that behalf from any foreign prince or states whatsoever , you will take off , or slacken the execution of your laws against the popish recusants . to which our humble petitions , proceeding from our most loyal and dutifull affections toward your maiesty , our care of our countries good , and our confident perswasion that this will much advance the glory of almighty god , the everlasting honor of your maiesty , the safety of your kingdom , and the encouragement of all your good subiects : we do most humbly beseech your maiesty to vouchsafe a gracious answer . this petition , after a conference between both houses , was reduced to another form , and so presented to the king. to which his majesty returned this answer . my lords and gentlemen of both houses , i cannot but commend your zeal in offering this petition to me , yet on the other side , i cannot but hold my self unfortunate , that i should be thought to need a spur to do that which my conscience and duty bindes me unto . what religion i am of , my books do declare , my profession and behavior doth shew ; and i hope in god i shall never live to be thought otherwise ; surely i shall never deserve it ; and for my part , i wish it may be written in marble , and remain to posterity as a mark upon me , when i shall swerve from my religion ; for he that doth dissemble with god , is not to be trusted with men . my lords , for my part , i protest before god , that my heart hath bled when i have heard of the increase of popery ; god is my iudge it hath been such a great grief to me , that it hath been as thorns in my eyes , and pricks in my sides ; and so far i have been , and shall be from turning another way . and my lords and gentlemen , you shall be my confessors , that one way or other it hath been my desire to hinder the growth of popery ; and i could not be an honest man if i should have done otherwise . and this i may say further , that if i be not a martyr , i am sure i am a confessor ; and in some sence i may be called a martyr , as in the scripture isaac was persecuted by ishmael by mocking words : for never king suffered more ill tongues then i have done , and i am sure for no cause ; yet i have been far from persecution ; for i have ever thought that no way more encreased any religion then persecution , according to that saying , sanguis martyrum est semen ecclesiae . now my lords and gentlemen , for your petition , i will not onely grant the substance of what you crave , but add somewhat more of my own ; for the two treaties being already annulled ( as i have declared them to be ) it necessarily follows of it self , that which you desire , and therefore it needs no more ; but that i do declare by proclamation ( which i am ready to do ) that all iesuites and priests do depart by a day ; but it cannot be as you desire by our proclamation to be out of all my dominions ; for a proclamation here extends but to this kingdom . this i will do and more , i will command all my iudges when they go their circuits , to keep the same courses , for putting all the laws in execution against recusants , as they were wont to do before these treaties ; for the laws are still in force , and were never dispenced with by me : god is my iudge they were never so intended by me ; but as i told you in the beginning of the parliament , you must give me leave as a good horseman , sometimes to use the reins , and not alwayes to use the spurs : so now there needs nothing but my declaration for the disarming of them , that is ready done by the laws , and shall be done as you desired : and more , i will take order for the shamefull disorder of the resorting of my subjects to all foreign ambassadors ; for this i will advise with my councel how it may be best reformed . it is true , that the houses of ambassadors are priviledged places ; and major though they cannot take them out of their houses , yet the lord and mr recorder of london , may take some of them as they come from thence , and make them examples ; another point i will add concerning the education of their children , of which i have had a principal care , as the lord of canterbury , and the bishop of winchester , and other lords of my councel can bear me witness , with whom i have advised about this business ; for in good faith it is a shame their children should be bred here , as if they were at rome . so i do grant not onely your desire , but more . i am sorry i was not the first mover of it to you , but had you not done it , i would have done it my self . now for the second part of your petition , you have here given me the best advice in the world ; for it is against the rule of wisdom that a king should suffer any of his subjects to transgress the laws by the intercession of other princes : and therefore assure your selves that ( by the grace of god ) i will be carefull that no such conditions be foisted in upon any other treaty whatsoever ; for it is fit my subjects should stand or fall to their own laws . this petition was furthered by the duke of buckingham , who still retained the memory of his ill-usage in spain , and the spanish ambassador being netled thereat , accused him to the king , not without some reflection upon the prince himself ; with some difficulty they procured a secret entercourse with the king , and suggested unto him matters of near and high concernment to his royal dignity and person . they tell him , that being besieged , and closed up by the dukes servants and vassals , he was no more a freeman : that he was to be confined to his countrey-house and pastimes , the prince having years and parts answerable for publick government . that the duke had reconciled himself to all popular men , such as oxford , southampton , essex , say , and others , and sought to raise an opinion of his own greatness , and to make the king grow less ; and that all looked towards the rising sun. hereupon they advise the king to free himself from this captivity , and eminent danger , and to cut off so ungratefull an affecter of popularity , and greatness , and so he should shew himself to be as he was reputed , the oldest and wisest king in europe . these secrets were quickly blown abroad , and brought to the dukes ear. but whatsoever impression the king received from them , the thing whereupon he insisted openly , was , the demand of particular proofs . but all their answers consisted of arguments against declaring the names of the conspirators ; whereupon the kings privy-counsellors , and other principal subjects were examined upon oaths , and interrogatories most pertinent to the accusation were propounded to them ; but this examination discovered nothing . the king turned again to the ambassadors with new instances to make a clear discovery , but they still resolved to conceal the authors . and it was alledged by their partakers , and intimated to the king , that the things were such as could not be evidenced by legal proofs , because the persons by whose testimony they may be confirmed , do for fear of a most potent adversary withdraw themselves , and the ambassadors never had the freedom personally to speak to his majesty in the absence of the duke of buckingham ; an example ( say they ) unusual with other kings , and never to be taken well , except when the king is weak in judgement , and wants experience , and a man wise and circumspect supplies his place . but here ( said the ambassador , ) is a prudent king , and a favorite young , rash , and heady , whose continual presence did argue guilt and fear ; and his majesties most faithfull servants dare not so much as disclose their minds . moreover they suggest that the business of the palatinate was by him taken out of the hands of the kings council , and referred to the parliament ; that he did arrogate to himself the thanks of all things acceptable , and was stiled the redeemer of his country ; and he would have it believed , that he hath a dominion over the kings and princes will. and things standing thus , though many may be found that will speak against the king , yet none will appear to speak against the duke : for which causes these close informers besought his majesty to free his vassals from fear and diffidence , who otherwise will dare discover nothing for his preservation . but these dark intelligences had no other issue , then the moving of king iames to represent to the king of spain the miscarriages of his ambassadors , remitting the cause unto him , with a demand of justice and reparation , for that the information was sufficient to put impressions in him of perpetual jealousies of the duke . hereupon when the ambassadors were returned home , they suffered a few dayes confinement , but were afterwards rather rewarded and further imployed : for in the court of spain , buckinghams name was odious , and the princes honor of little value , and the kings reputation at a low ebb : divers particular enmities were already begun between the subjects of both crowns , the english merchants were oppressed in the spanish ports . notwithstanding the dukes vast power and popularity , the earl of bristol refused to bow before him . the earl , though his charge were heavy , and his cause strongly prejudiced , did not abandon his own defence , but protested against the dukes narration of the spanish affairs , and was committed to the tower , being not admitted into the kings presence , nor to plead his cause before him . he was to the duke a stout and dangerous enemy ; insomuch , that he was said to violate the rules of the prudent mariner , who in a storm and foul weather , is accustomed rather to pull down , then to hoise up sailes . saturday the of may , the king being come to the house of peers , and his majesty and the lords in their robes , sir thomas crew speaker , being come to the bar , and the commons present , he made this speech . that god to his own great glory had brought this session of the parliament so happily begun , to so happy an end , that both houses and every particular member thereof had given their willing assent even with one voice , unto the advice which his majesty was pleased so low to descend as to demand of them . as there was not an hammer heard in the building of the house of god , so in this great business there was not a negative voice , nor any jarring among them : but their time was wholly spent in the business of parliament , in which they had prepared many bills profitable for the common-wealth , and shewed the several natures of those bills : some for the service of god , and restraint of recusants ; some to redress the enormities of the commonwealth ; others of his majesties grace and bounty to his people ; and some concerning the prince's highness touching his own lands , and others to settle strife in particular estates ; all which do wait for and humbly desire his majesties royal assent . he shewed also what great joy they all received for the dissolution of the two treaties with spain ; and that commissioners are required to see the edicts performed against recusants and iesuites , the locusts of rome , wherein will consist his majesties chiefest safety . and they do render him humble thanks for their antient priviledges , which they fully enjoyed this parliament , and their so often access unto his majesties presence ; and more especially for his majesties general , large , liberal and free pardon , shewing the benefit thereof , and reciting the particulars . he also presented the bill of three entire subsidies , and three fifteens and tenths granted this session , and declared the cheerfulness of the grant thereof : and making his earnest prayers unto almighty god to direct his majesties heart to make his own sword his sheriff to put his son-in-law in possession of his palatinate , the antient inheritance of his royal grandchildren , he ended , humbly craving pardon for himself and his own errors committed this session . unto which his majesty presently made answer , beginning with the last of the speakers speech touching their freedom , which he promised to continue unto them in as large a manner as ever they enjoyed the same . and for the restitution of his son-in-law , protested his continual care thereof , and his great grief if he should not see an assured hope before he died ; and vowed that all the subsidies , for which he heartily thanked them , though it had not been so tied and limited , should have been bestowed that way . his majesty remembred them , that nothing was given to relieve his own wants ; which he expecteth at the ne●● session the beginning of winter . he acknowledged the obedience and good respect of the commons in all things this parliament , for which ( as he was pleased to say ) he thanks them heart●ly and without complement ; and if they please to continue the same at their next meeting , it will make this the happiest parliament that ever was . his majesty spake also of the grievances presented unto him yesterday by the commons at whitehall , promising them a full answer at their next meeting : that he had looked over them , and was glad they were of no greater importance . his majesty remembred the house to handle grievances at their next meeting , and to hunt after none , nor to present any but those of importance : he promised to go over them all , and to give a free answer , such as should be good for his people , not respecting any creature whatsoever , and that he will advise herein with his council and judges . at this time his majesty said , he would shew them his grievances ; first , that they grieve at the reformation of building about london with brick , which he intendeth onely for the beauty and more ●afety of the city , therefore he will go through with it ; and if the commissioners offend herein , let the party aggrieved complain , and he will redress it ; that the form of proceedings used by the commons in this parliament is also a grievance unto his majesty , for that they did not call the commissioners , whom they complained of , before them , touching their complaint against doctor aynan ; his majesty said their oath of supremacy forbids them to meddle with church matters : besides they complain against him , and never heard him touching their complaint against the apothecaries , his majesty protested his care therein to be onely for his peoples health ; it is dangerous for every one to meddle with apothecaries ware , and the grocers have a trade beside . his fourth grievance is , that seditious books are so frequently printed , which he will be carefull to prevent hereafter . fifthly , for calling in so many patents , appointing the patentees to wait so many days with their council , and never to hear them ; wherefore his majesty warned them to call for no more hereafter , unless they first knew them to be grievous to the people ; and so his majesty concluded with thanks for the commons good carriage towards him and his lords this session . then the lord keeper spake to the particulars of the speakers speech , and by his majesties command approved them all , alluding the general consent of both houses to the septuagint directed by the holy ghost ; and touching the speakers desire for the kings assent to the bills past both houses , he said the royal assent is proper to the lawgiver ; and shewed , that it is best for the people ; that this is in his majesties power , and not in themselves ; for the king knoweth what is best to be granted unto his people , as may appear by the petition that bathsheba made to king solomon , to give unto adonijah abishag to wife , which had solomon granted , he had given adonijah means to usurp the kingdom , contrary to bathsheba's meaning ; and such is his majesties intent this day for such bills which he will not pass . that his majesty had given his consent to all the bills of grace , and to the bill of the continuance of some statutes , and repeal of others , so necessary , and for the good of the people . that his majesty accepteth in good part their thanks for his general pardon which he hath so freely granted unto his subjects ; but his special command is that those that are in office , do look strictly to the execution of laws against recusants ; the subsidies his majesties graciously accepteth , and therefore imitates not the story in macrobius of one who had all his debts paid , and instead of thanks answered , mihi nihil ; though this be given to the palatinate , his majesty interpreteth it as given to himself , and rendreth to you all hearty thanks for the same . the lord keeper having ended his speech , the clerk of the crown stood up , and read the title of the bills passed both houses ; and the clerk of the parliament read his majesties answer to each bill , which being done , his majesty remembred the breaking up of three parliaments together , and the happy conclusion of this session , and puts the commons again in minde , that at their next meeting they do so carry themselves that this parliament may be as happily continued to the end . at the parliament holden at westminster by prorogation , the nineteenth day of february , anno regis iacobi angliae , franciae & hiberniae vicesimo primo , & scotiae quinquagesimo septimo , these acts were passed . . an act for making perpetual an act made anno eliz. entituled , an act for the erecting of hospitals and workhouses for the poor . . an act for the quiet of the subject against concealments . . an act concerning monopolies , and dispensations with penal laws . . an act for ease of the subjects concerning informations upon penal statutes . . an act , that sheriffs , their heirs &c. having a quietus est , shall be discharged of their accompts , with the judges opinion therein . . an act concerning women convicted of small felonies . . an act to repress drunkenness , and to restrain the haunting of inns , &c. . an act to punish abuses in procuring supersedeas of the peace out of the courts at westminster , and to prevent the abuses in procuring writs of certiorari out of the said courts , &c. . an act for the free trade of welsh clothes , &c. in england and wales . . an act to repeal a branch of the statute an. h. . entituled an act for certain ordinances in the kings dominions , and principality of wale . . an act for confirmation of a judgment given for his majesty in a scire facias against henry heron , and for declaration of the letters patents therein mentioned to be void . . an act to make perpetual the act for ease in pleading against troublesom suits prosecuted against justices of the peace , mayors , &c. . an act for the further reformation of jeofails . . an act to admit the subject to plead the general issue in informations of intrusion brought on the kings behalf , and to retain his possession till trial. . an act to enable judges and justices to give restitution of possession in certain cases . . an act for limitation of actions , and for avoiding of suits in law. . an act against usury . . an act for the continuance of a former statute made º iac. entituled , an act for the true making of woollen clothes . . an act for the further description of a bankrupt , and relief of creditors against such as shall become bankrupts , and for inflicting of corporal punishment upon them in some cases . . an act to prevent swearing and cursing . . an act concerning hostlers and inholders . . an act explaining a statute an. , , & e. . concerning the traders of butter and cheese . . an act to avoid delaies by removing of actions out of inferior courts . . an act for relief of creditors against such as die in execution . . an act for relief of patentees , tenants and farmers of crown-lands and duchy-lands . . an act against such as shall levy any fine , suffer any recovery , knowledge any statute , recognisance , bail or judgment in the name of any person not privy thereunto . . an act to prevent the murthering of bastard-children . . an act to continue divers statutes , and repeal others . . an act to enable prince charls to make leases of lands parcel of the duchy of cornwal , or annexed to the same . . an act to assure york-house and other lands to the king , and to assure the manors of brighton , santon , and other lands to the archbishop of york , &c. . an act for the good government of the makers of knives in hallam-shire in the county of york . . an act to make the thames navigable from bercot to oxon. . an act for the subsidies of the clergy . . an act for three subsidies , three fifteens and tenths granted by the temporalty , with the judges opinions . . an act for the kings general pardon . private acts. . an act for the confirmation of wadham-colledge in oxon , and the possessions thereof . . an act for the naturalizing of philip burlemacchi . . an act for the naturalizing of giles vandeput . . an act to enable william earl of hereford , and sir francis seymor knight , to sell lands for the paiments of debts , and establishing other lands . . an act for the naturalizing of sir robert anstrother , sir george abercromy knights , and iohn cragge doctor of physick . . an act to confirm the copiholders estates of stepney and hackney , according to a decree in chancery between the lord of the manor and the said copiholders . . an act to confirm an assurance of lands sold by sir thomas beaumont knight and his wife , to sir thomas cheek knight . . an act to erect a free-school and alms-house , and house of correction in lincolnshire . . an act to enable martin calthorp to sell lands for preferment of younger children , and paiment of debts . . an act for setling the manor of goodneston and other lands of sir edward ingram knight . . an act to enable dame alice dudley wife of sir robert dudley knight , to assure the manor of killingworth and other lands to prince charls . . an act to confirm an exchange of lands between prince charls and sir lewis watson knight and baronet . . an act for the setling of the lands of anthony vicount montague , for paiment of his debts and raising of portions . . an act to enable sir richard lumley knight to sell lands for the paiment of his debts and preferment of children . . an act to confirm a decree in chancery made by the consent of the lord of painswick in com. glouc. and his customary tenants there . . an act for the naturalization of sir francis steward knight , walter steward , james maxwell , william car , and iames levingston , esquires . . an act for the naturalization of iohn young doctor of divinity . . an act for the naturalizing of iane murrey widow , and william murrey esquire . . an act to make good a conveyance of little munden made from sir peter vanlore knight , and sir charls caesar knight , unto edmond woodhall esquire and his heirs . . an act to enable vincent low to sell lands for paiment of his debts . . an act to enable toby palyvicine to sell lands for the paiment of debts and preferment of children . . an act for naturalizing of sir robert car knight . . an act to confirm the manor of new-langport and seavans , and other lands late being the inheritance of sir henry james knight in a premunire convicted , unto martin lumley lord mayor of london , alice woodriff widow , and edward cropley , &c. . an act for naturalizing of sir stephen leisure . . an act for naturalizing of iames marquis of hamilton . . an act for naturalizing of sir william anstrother knight , doctor balcanqual , and patrick abercromy . . an act to confirm the sale of lands made by sir edward heron knight unto bevel moulsworth esquire , and to enable the said sir edward to sell other lands for paiment of debts , and to settle other lands upon robert and edward heron. . an act for the naturalizing of abigal little , and william little her son . . an act for the etablishing of lands upon iohn mohun esquire son of sir rowland mohun knight and baronet , according to the agreements made between them . . an act to enable edward alco●k to fell the manor of rampton and other lands . . an act to explain a statute made anno eliz. for assuring of eighty two pounds ten shillings per annum to the bishop of coventry and lichfield for ever , out of manors and lands thereby assured to edmund fisher and his heirs . . an act for the establishing of three lectures in divinity , according to the will of thomas wettenhall esquire . . an act for the repairing of the river running to colchester , and paving of the town there . . an act to enable francis clerk knight to sell lands for the paiment of debts and raising of portions . . an act for altering of gavelkind-lands , being late the lands of thomas potter esquire , sir george rivers knight , and sir iohn rivers baronet , and to settle the inheritance of them upon sir iohn rivors and his heirs . . an act to make the lands of thomas earl of middlesex subject to the paiment of his debts . . an act for the sale of the manor of abbots-hall , late the possessions of sir iames pointz deceased , that the monies thereby raised may be distributed amongst his creditors according to his last will. . an act for the naturalizing of elizabeth vere and mary vere , the daughters of sir horatio vere knight . this summer , four regiments of foot were raised for the service of the united provinces , to be imployed against the emperor , under the command of four noble colonels , the earls of oxford , essex , and southampton , and the lord willougby . the town of frankendal having been sequestred into the hands of the archduchess isabella clara eugenia infanta of spain , for the term of eighteen moneths , and that time now growing to an end , being to expire about the middle of october next ; the king commanded those lords and others that were commissioners in that treaty between his majesty and the archduchess , to assemble and deliberate what was fit to be done concerning the remanding , receiving , and ordering of that town . the commissioners unanimously were of opinion , that it was fit for his majesty both in honor and interest to remand it , and according to the capitulation to place therein a garrison of fifteen hundred foot and two hundred horse , with sufficient victuals for six moneths , and a sufficient quantity of all munition : the infanta having accorded in the treaty to give them a passage through the king of spain's low-countries ; the king approved and resolved to follow the advice , and gave order to the council of war to consider and discuss the manner of demanding the town , and the way and means of raising the men , and conducting them thither , and of maintaining and supplying the garrison with munition and all things necessary . on the day that frankendal was to be redelivered , spinola with his forces marcheth out of the town ; and finding none of the king of great britains forces ready to enter it , instantly re-enters and takes possession , pulls down the king of england's arms , and sets up the king of spain's . yet did the noble spaniard leave standing the monument of two brothers , fighting and stout enemies of theirs , in opposition of whose valor the spaniard had gained much honor , but overcame them at last . the monument is standing in the dutch church in frankendal upon a fair tomb , with this inscription , in beatissimam memoriam dom. generosi gulielmi fairfax anglo-britanni , honoratissimi domini thomae fairfax de denton in com. ebor. equitis aurati filii , cohortis anglicani ducis insignis ; qui annis natus circiter xxvi . post animi plurima edita testimonia invictissimi , unà cum joanne fratre suo juniore , in obsidione francovalenti , hic factâ eruptione arreptus , ille ictu bombardae percussus , occubuere . anno m.dc.xxi . this monument was erected by the town of frankendal , in memory of those two brothers , who were uncles to that valiant , victorious , and self-denying general , thomas lord fairfax , late commander in chief of the parliaments armies in england . in france , the marriage-treaty was not so fair , smooth and plausible in the progress , as in the entrance . king iames , admiring the alliance of mighty kings , though of a contrary religion , as also fearing the disgrace of another breach , desired the match unmeasurably ; which the french well perceived , and abated of their forwardness , and enlarged their demands in favor of papists ( as the spaniards had done before them ) and strained the king to the concession of such immunities , as he had promised to his parliament , that he would never grant upon the mediation of forein princes . the cardinal richlieu being in the infancie of his favor , and appointed to the managing of the treaty , assured the catholicks of great britain , that the most christian king remembring that he was born and raised up no less for the propagation of the catholick cause , then for the enlarging of his own dominions , was resolved to obtain honorable terms for religion , or never to conclude the match : and for his own part , such was his compassion towards them , that if he might work their deliverance , or better their condition , not only with counsel , interest and authority , but with his life and blood , he would gladly do it . however , this treaty held fewer moneths , then the years that were spent in that of spain . indeed , the motion from england had a braver expression , seeing a wife was here considered as the only object of the treaty ; whereas that of spain was accompanied with a further expectation , to wit , the rendring of the palatinate to king iames his children . in august the match was concluded , and in november the articles were sworne unto by king iames , prince charls , and the french king. the articles concerning religion were not much short of those for the spanish match . the conclusion of the treaty was seconded in france with many outward expressions of joy , as bonfires and the like : whereupon the privy-council sent to the lord mayor of london , requiring the like to be done here . this year count mansfield arrived in england , whose reception was splendid and honorable : he was entertained in the prince his house in s. iames's , and served in great state by some of the kings officers . a press went through the kingdom for the raising of twelve thousand foot , with two troops of horse , to go under his command for the recovery of the palatinate . these forces were intended to pass through france into germany , the french having promised as well an addition of strength , as a free passage . in the mean while there were those that secretly sollicited the king to return into the way of spain , and raised suspitions of mansfields enterprise , saying he was the palsgraves scout and spy ; and if the puritans desired a kingdom , they did not wish it to the most illustrious prince charls , his majesties best and true heir , but to the palatine . that it was the dukes plot , and the parliaments fury , to begin a war with spain ; but it will be the glory of his majesties blessed reign , that after many most happy years , that motto of his ( blessed be the peace-makers ) might even ●o the last be verified of him in the letter , and be propounded for imitation to the most illustrious prince , and that the experience of his happy government should carry the prince in a connatural motion to the same counsels of peace . and at the same time , the more circumspect party in the spanish court , held it fit to continue the state of things in a possibility of an accommodation with the king of great britain , and gondomar was coming again for england to procure a peace ; notwithstanding the duke of bavaria used all diligence , to combine himself with that crown , offering to depend wholly thereon , so that he may be thereby protected in his new acquired dignity . but in these motions the elector of saxony with many reasons , advised the emperor to apply himself to the setling of a peace in germany , and with much instance besought him not to destroy that antient house of the palatinate . count mansfield was at this time in england , and the forces raised in the several parts of the kingdom for the recovery of the palatinate , were put under his command ; and marching to their rendezvous at dover , committed great spoils and rapines in their passage through the counties . at that rendezvous the colonels and captains were assigned to receive their several regiments and companies from the conductors employed by those several counties where the men were raised . a list of some of the regiments of foot designed for that expedition . i. earl of lincoln , colonel . lieut. col. allen. serjeant major bonithon . sir edward fleetwood . captain wirley . capt. reynolds . capt. babbington . sir matthew carey . capt. barlee . capt. cromwel . ii. viscount doncaster , colonel . sir iames ramsey , lieut. colonel . alexander hamilton , serjeant major capt. archibald duglas . capt. zouch . capt. iohn duglas . capt. pell . capt. william duglas . capt. george kellwood . capt. andrew heatly . iii. lord cromwel , colonel . lieut. col. dutton . serjeant major gibson . capt. basset . capt. lane. capt. vincent wright . capt. ienner . capt. vaughan . capt. owseley . capt. crane . iv. sir charles rich , colonel . lieut. col. hopton . serjeant major killegrew . sir warham st. leiger . sir w. waller . capt. burton . capt. francis hammond . capt. winter . capt. goring . capt. fowler . v. sir andrew grey , colonel . lieut. col. boswel . serjeant major coburne . capt. david murray . capt. murray . capt. forbois . capt. carew . capt. ramsey . capt. williams . capt. beaton . vi. sir iohn borrough , colonel . lieut. col. bret. serjeant major willoughby . capt. william lake . capt. roberts . capt. webb . capt. skipwith . capt. thomas woodhouse . capt. george . capt. mostian . the duke of buckingham , lord admiral , was required to employ those ships that were now in the narrow seas , or in the havens ready bound for any voyage , for the transporting this army from dover . count mansfield received his commission from king iames , bore date the seventh of november , one thousand six hundred twenty and four , and was to this effect , that his majesty at the request of the prince elector palatine , and the kings sister his wife , doth impower count mansfield to raise an army for the recovering of the estate and dignity of the prince elector , and appoints that the forces so raised should be under the government of the said count mansfield , for the end aforesaid . and his majesty further declares , by way of negative , that he doth not intend that the said count shall commit any spoil upon the countreys or dominions of any of his majesties friends and allies ; and more particularly , he doth require the said count not to make any invasion , or do any act of war against the countrey or dominion , which of right appertain and are in truth , the just and lawful possession of the king of spain , or the lady infanta isabella : and in case any such hostility shall be acted contrary to this his majesties intention , all such commissions which shall be granted to that purpose by the said count mansfield , his majesty doth declare to be void ; and that all payments shall cease : that on the contrary , if obedience be given hereunto , the king wisheth the count all good success for the recovery of the palatinate , and reestablishment of the peace in germany against the duke of bavaria , and those that are the troublers of the peace . and for the performance hereof , the king caused count mansfield to take an oath , that he would conform according to the contents of the said commission and declaration of his majesty ; which oath was almost in terminis of what is before expressed . this army consisting of twelve regiments , was intended to land in france ; but being ready for transport , the french notwithstanding their promise , and the treaty of marriage , demurred ( yet not plainly denied ) their passage . nevertheless , the whole army was shipped , and put over to calice ; and after a tedious stay in hope yet to land and pass through the countrey , they were forced to set sail for zealand . neither were they suffered to land there , coming so unexpectedly upon the states , and in a hard season for provision of victuals . thus they were long pent up in the ships , and suffered the want of all necessaries , by which means a pestilence came among them , and raged extreamly ; so that they were thrown into the sea by multitudes ; insomuch , that scarce a third part of the men were landed , the which also afterward mouldred away , and the design came to nothing . the papist formerly danted by the breach of the spanish match , was now again revived by the marriage-treaty with france . and at this time upon the death of william , titular bishop of calcedon , most of the english secular priests did petition the pope , that another bishop might be sent over into england , there to ordain priests , give confirmation , and exercise episcopal jurisdiction . among others , matthew kellison and richard smith were presented . and though the regulars were opposite to the seculars in this matter , yet those of the order of st. benedict joyned with the seculars , and rudesin barlo president of the english benedictines at doway , wrote a letter in their behalf to the congregation at rome , named of the propagation of the faith. dated the twelfth of december , one thousand six hundred twenty and four . in which letter was this passage , that there were above sixty benedictine monks in england ; and that it is not to be doubted ( said he ) [ for that it is already seen the good success under the first bishop . ] that another bishop being constituted , there would be more joyful fruits within one two years in the english mission , then hitherto hath been for sixty years now elapsed . but not long after , the episcopal party prevailing , pope urban the eight created richard smith bishop of calcedon , and sent him into england with episcopal authority over the priests within the english dominions . king iames after he had been troubled with a tertian fevor four weeks , finding himself near the end of his days , called unto him charles prince of wales , his onely son , to whom he recommended the protection of the church of england , advised him to love his wife , but not her religion ; and exhorted him to take special care of his grand-children , the children of the elector palatine , by his daughter ; and to employ the power he left him , to reestablish them in the estate and dignities of their father : and lastly , he recommended to him his officers who had faithfully served him , and on the seven and twentieth of march gave up the ghost . and shortly after bishop laud delivered to the hands of the duke of buckingham , brief annotations or memorables of the life and death of king iames , ( viz. ) i. he was a king almost from his birth . ii. his great clemency that he should reign so long , and so moderately , that knew nothing else but to reign . iii. the difficult times in scotland , during his minority , as much perplexed with church as state factions . iv. his admirable patience in those yonger times , and his wisdom to go by those many and great difficulties , till god opened him the ways to his just inheritance of this crown . v. his peaceable entry into this kingdom , contrary to the fears at home , and the hopes abroad , not without gods great blessing both on him and us . vi. his ability as strong in grace as nature , to forgive some occurrences . vii . the continuance of full two and twenty years reign all in peace , without war , from foreign enemy , or rebellion at home . viii . the infinite advantage , which people of all sorts might have brought to themselves , and the enriching of the state , if they would have used such a government with answerable care , and not made the worst use of peace . ix . gods great mercy over him in many deliverances from private conspirators , and above the rest , that which would have blown up his posterity and the state by gun-powder . x. that in all this time of his reign of england , he took away the life of no one nobleman , but restored many . xi . that the sweetness of his nature was scarce to be paralleld by any other . xii . it is little less then a miracle , that so much sweetness should be found in so great a heart , as besides other things , sickness and death it self shewed to be in him . xiii . clemency , mercy , justice , and holding the state in peace , have ever been accounted the great vertues of kings , and they were all eminent in him . xiv . he was not onely a preserver of peace at home , but the great peace-maker abroad ; to settle christendom against the common enemy the turk , which might have been a glorious work , if others had been as true to him , as he was to the common good . xv. he was in private to his servants , the best master that ever was , and the most free . xvi . he was the justest man that could sit between parties , and as patient to hear . xvii . he was bountiful to the highest pitch of a king. xviii . he was the greatest patron to the church which hath been in many ages . xix . the most learned prince that his kingdom hath ever known for matters of religion . xx. his integrity and soundness in religion , to write and speak , believe and do , live and die one and the same , and all orthodox . xxi . his tender love to the king his son , our most gratious soveraign that now is , and his constant reverence in performance of all duties to his father , the greatest blessing and greatest example of this , and many ages . xxii . the education of his majesty whom we now enjoy ( and i hope and pray we may long and in happiness enjoy ) to be an able king as christendom hath any , the very first day of his reign ; the benefit whereof is ours , and the honor his . xxiii . his sickness at the beginning more grievous then it seemed , a sharp melancholy humor set on fire , though ushered in by an ordinary tertian ague . xxiv . he was from the beginning of his sickness scarce out of an opinion that he should die ; and therefore did not suffer the great affairs of christendom to move him more then was fit , for he thought of his end . xxv . his devout receiving of the blessed sacrament . xxvi . his regal censure of the moderate reformation of the church of england , and particularly for the care of retaining of absolution , the comfort of distressed souls . xxvii . his continual calling for prayers , with an assured confidence in christ. xxviii . his death as full of patience as could be found in so strong a death . xxix . his rest , no question is in abrahams bosome , and his crown changed into a crown of glory . another writes thus of that king in the book entituled the reign of king charles . in the stile of the court he went for great britains solomon ; nor is it any excursion beyond the precincts of verity to say , that neither britain nor any other kingdom whatsoever , could ever since solomons days glory in a king ( for recondite learning and abstruse knowledge ) so near a match to solomon , as he . and though he was an universal schollar , yet did he make other sciences ( their most proper employment ) but drudges and serviteurs to divinity , wherein he became so transcendently eminent , as he notoriously foiled the greatest clerks of the roman see. nor did his theological abilities more advantage the cause of religion abroad then at home , they keeping the new-fangled clergy aloof , and at distance , as not daring to infuse into so solid a judgment their upstart and erroneous fancies , no nor disquiet the churches peace with heterodox opinions . a stout adversary he was to the arminians and semipelagians , whom he called as prosper before him , the enemies of gods grace . and as slender a friend to the presbytery , of whose tyrannical and antimonarchical principles , he had from his cradle smart experience . he was an excellent speaker , the scheme of his oratory being more stately then pedantick , and the expressions argued him both a king and a schollar . in his apparel and civil garb , he seemed naturally to affect a majestick carelesness , which was so hectick , so habitual in him , as even in religious exercises , where the extern demeanor is a grand part of that sacred homage , he was somewhat too incurious and irreverent . he was indulgent a little to his palate , and had a smack of the epicure ; in pecuniary dispensations to his favorites , he was excessive liberal ; yea though the exigence of his own wants pleaded retension . studious he was of peace , somewhat overmuch for a king , which many imputed to pusillanimity ; and for certain , the thought of war was very terrible unto him ; whereof there needs no further demonstration , then his management of the cause of the palatinate : for had he had the least scintillation of animosity or majestick indignation , would he have so long endured his son-in-law exterminated from his patrimony , while the austrian faction ( to his great dishonor ) cajoled and kept him in delusory chat with specious fallacies ? would he in those several negotiations of carlisle , bristol , belfast , and weston , have trifled away so vast sums , the moity whereof , had they been disposed in military levies , would have modelled an army able ( when heidelburgh , manheim , and frankendale defended themselves ) to have totally dissipated all the forces of the usurpers , to have mastered the imperious eagle , enforcing her to forego her quarry , and reestated the palsgrave ? would he so shamefully have courted the alliance of spain , to the very great regret of his subjects whom his predecessors had so often baffled , and whom england ever found a worse friend then enemy ? what stronger evidence can be given in of a wonderful defect of courage ? as this lipothymie , this faint-heartedness , lost him the reputation and respects of his people ; so his heavy pressures upon them , and undue levies by privy seals , and the like , alienated their affections , especially considering how those moneys were mis-employed , indeed rather thrown away ; partly in the two dishonorable treaties of spain and germany , and the consequential entertainments ; and partly in largesses upon his minion buckingham . between this disaffection and contempt in his people , there was generated a general disposition to turbulent and boisterous darings and expostulations , even against his darling prerogative : and though those dismal calamities which befel his son , were doubtless ampliated by a superfetation of causes ; yet was their first and main existency derivative from those seminalities . let court-pens extol the calmness of his halcyonian reign with all artifice of rhetorick , yet can they never deny but that admired serenity had its set in a cloud ; and that he left to his successor , both an empty purse and a crown of thorns . sir francis bacon when king iames was living , gave this character of him . wherefore representing your majesty many times unto my minde , and beholding you not with the eye of presumption to discover that which the scripture tells me , is inscrutable ; but with the observant eye of duty and admiration , leaving aside the other parts of your virtue and fortune , i have been touched , yea , and possessed with an extream wonder at these your virtues and faculties which the philosophers call intellectuals , [ the largeness of your capacity , the faithfulness of your memory , the swiftness of your apprehension , the penetration of your judgment , and the facility and order of your elocution . ] and i have then thought , that of all the persons living that i have known , your majesty were the best instance to make a man of plato's opinion , that all knowledge is but remembrance , and that the minde of man by nature knoweth all things , and hath but her own native and original notions ( which by the strangeness and darkness of the tabernacles of the body , are sequestred ) again revived and restored . such a light of nature i have observed in your majesty , and such a readiness to take flame and blaze from the least occasion presented ; or the least spark of anothers knowledge delivered . and as the scripture saith of the wisest king , that his heart was as the sand of the sea , which though it be one of the largest bodies , yet it consisteth of the smallest and finest portions : so hath god given your majesty a composition of understanding admirable , being able to compass and comprehend the greatest matters , and nevertheless to touch and apprehend the least ; wherein it should seem an impossibility in nature for the same instrument to make it self fit for great and small works . and for your gift of speech , i call to minde what cornelius tacitus saith of augustus caesar , augusto pros●uens & quae principem deceret eloquentia fuit : for if we mark it well , speech that is uttered with labor and difficulty ; or speech that savoreth of the affectation of arts and precepts ; or speech that is framed after the imitation of some pattern of eloquence , though never so excellent ; all this hath somewhat servile and holding of the subject . but your majesties manner of speech is indeed prince-like , flowing as from a fountain , and yet streaming and branching it self into natures order , full of facicility and felicity , imitating none , and inimitable by any , &c. and there seemeth to be no little contention between the excellency of your majesties gifts of nature , and the universality and perfection of your learning ; for i am well assured of this , that what i shall say is no amplification at all , but a positive and measured truth , which is , that there hath not been since christs time , any king or temporal monarch , which hath been so learned in all literature and erudition , divine and humane : for let a man seriously and diligently revolve and peruse the succession of the emperors of rome , of which caesar the dictator , who lived some years before christ , and marcus antonius , were the best learned ; and so descend to the emperors of graecia , or of the west , and then to the lines of france , spain , england , scotland , and the rest , and he shall finde this judgment truly made : for it seemeth much in a king , if by the compendious extractions of other mens wits and learning , he can take hold of any superficial ornaments and shews of learning ; or if he countenance or prefer learning and learned men. but to drink indeed of the true fountain of learning , nay , to have such a fountain of learning in himself , in a king , and in a king born , is almost a miracle ; and the more , because there is met in your majesty a rare conjunction as well of divine and sacred literature , as of prophane and humane . so as your majesty stands invested of that triplicity which in great veneration was ascribed to the antient hermes , the power and fortune of a king , the knowledge and illumination of a priest , and the learning and universality of a philosopher . this propriety inherent and individual attribute in your majesty , deserveth to be expressed not onely in the fame and admiration of the present time , nor in the history or tradition of the ages succeeding , but also in some solid work , fixed memorial , and immortal monument , bearing a character or signature , both of the power of a king , and the difference and perfection of such a king. memoria iusti cum laudibus , & impiorum nomen putrescit . he that hath lately writ the history of great britain , thus expresseth himself concerning king iames. he was a king in understanding , and was content to have his subjects ignorant in many things ; as in curing the kings evil , which he knew a device to ingrandize the vertue of kings when miracles were in fashion ; but he let the world believe it , though he smiled at it in his own reason , finding the strength of imagination a more powerful agent in the cure , then the plaisters his surgeons prescribed for the sore . it was a hard question , whither his wisdom and knowledge exceeded his choler and fear ; certainly the last couple drew him with most violence , because they were not acquisitious , but natural ; if he had not had that allay , his high towering and mastering reason had been of a rare and sublimed excellency ; but these earthly dregs kept it down , making his passions extend him as far as prophaneness ( that i may not say blasphemy ) and policy superintendent of all his actions , which will not last long , ( like the violence of that humor ) for it often makes those that know well , to do ill , and not be able to prevent it . he had pure notions in conception , but could bring few of them into action , though they tended to his own preservation ; for this was one of his apothegms which he made no timely use of , [ let that prince that would beware of conspiracies , be rather jealous of such whom his extraordinary favors have advanced , then of those whom his displeasure hath discontented . these want means to execute their pleasures , but they have means at pleasure to execute their desires . ] ambition to rule is more vehement then malice to revenge : though the last part of this aphorism he was thought to practise too soon , where there were no causes for prevention and neglect too late when time was full ripe to produce the effect . some paralleld him to tiberius for dissimulation , yet peace was maintained by him , as in the time of augustus , and peace begot plenty , and plenty begot ease and wantonness , and ease and wantonness begot poetry , and poetry swelled to that bulk in his time , that it begot strange monstrons satyrs against the kings own person , that hanted both court and countrey ; which expressed , would be too bitter to leave a sweet perfume behinde him . and though bitter ingredients are good to imbalm and preserve dead bodies , yet these were such as might endanger to kill a living name , if malice be not brought in with an antidote . and the tongues at those times more fluent then my pen , made every little miscarriage ( being notable to discover their true operations , like small seeds hid in earthy darkness ) grow up and spred into such exuberant branches , that evil report did often pearch upon them . so dangerous it is for princes by a remiss comportment , to give growth to the least error ; for it often proves as fruitful as malice can make it . but alass good king ! here was an end of his earthly empire , and little did he imagine that the last period to great britains monarchy , should not much exceed the time of his own reign , and in the true extent come short of it . there is a book said to be writ by a knight of kent , and intituled king james court , which renders a further character of that king ; we forbear to particularize any thing thereof ( no name being put to the book ) but leave the reader to his freedom . the bishop of lincoln , then lord keeper of the great seal of england , in his sermon at king iames funeral , speaking of solomon and king iames , ( his text being kings . , , . ) hath these expressions . i dare presume to say , you never read in your lives , of two kings more fully parallel'd amongst themselves , and better distinguished from all other kings besides themselves . king solomon is said to be unigenitus coram matre sua , the onely son of his mother , prov. . . so was king iames. solomon was of complexion white and ruddy , cant. . . so was king iames. solomon was an infant-king , puer parvulus , a little childe , chron. . . so was king iames a king at the age of thirteen moneths . solomon began his reign in the life of his predecessor , kings . . so , by the force and compulsion of that state , did our late soveraign king iames. solomon was twice crowned and anointed a king , chro. . . so was king iames. solomons minority was rough through the quarrels of the former soveraign ; so was that of king iames. solomon was learned above all the princes of the east , kings . . so was king iames above all princes in the universal world. solomon was a writer in prose and verse , kings . . so in a very pure and exquisite manner was our sweet soveraign king iames. solomon was the greatest patron we ever read of to church and churchmen ; and yet no greater ( let the house of aaron now confess ) then king iames. solomon was honored with ambassadors from all the kings of the earth , kings . ult . and so you know was king iames. solomon was a main improver of his home commodities , as you may see in his trading with hiram , kings . . and god knows it was the daily study of king iames. solomon was a great maintainer of shipping and navigation , king. . . a most proper attribute to king iames. solomon beautified very much his capital city with buildings and water-works , kings . . so did king iames. every man lived in peace under his vine and his fig-tree , in the days of solomon , kings . . and so they did in the blessed days of king iames. and yet towards his end , king solomon had secret enemies , razan , hadad , and ieroboam , and prepared for a war upon his going to his grave , as you may see in the verse before my text. so had , and so did king iames. lastly , before any hostile act we read of in the history , king solomon died in peace , when he had lived about sixty years , as lyra and tostatus are of opinion ; and so you know did king iames. and as for his words and eloquence , you know it well enough ; it was rare and excellent in the highest degree . solomon speaking of his own faculty in this kinde , divides it into two several heads ; a ready invention , and an easie discharge and expression of the same . god hath granted me to speak as i would , and to conceive as is meet , for the things spoken of , wisd. . . and this was eminent in our late soveraign . his invention was as quick as his first thoughts , and his words as ready as his invention . god had given him to conceive ; the greek word in that place is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , that is , to make an enthymem or a short syllogism ; and that was his manner . he would first winde up the whole substance of his discourse into one solid and massie conception ; and then spred it and dilate it to what compass he pleased ; prosluenti & quae principem deceret eloquentia ( as tacitus said of augustus ) in a flowing and a princely kinde of elocution . those speeches of his in the parliament , star-chamber , council table , and other publick audiences of the state ( of which , as of tullies orations , ea semper optima , quae maxima , the longest still was held the best ) do prove him to be the most powerful speaker that ever swayed the scepter of this kingdom . in his stile you may observe the ecclesiastes , in his figures the canticles , in his sentences the proverbs , and in his whole discourse reliquum verborum solomonis , all the rest that was admirable in the eloquence of solomon . how powerfully did he charge the prince with the care of religion and justice , the two pillars ( as he termed them ) of his future throne ? how did he recommend unto his love , the nobility , the clergy , and the communalty in the general ? how did he thrust , as it were , into his inward bosom , his bishops , his judges , his near servants , and that * disciple of his whom he so loved in particular ? and concluded with that heavenly advice to his son , concerning that great act of his future marriage , to marry like himself , and marry where he would : but if he did marry the daughter of that king , he should marry her person , but he should not marry her religion . having in our collections met with the transcript of a letter from king iames to pope clement , dated anno . we have thought fit ( though it be not placed in order of time ) to conclude his reign with it , and with the instructions given to mr. drummond who was sent with the same to rome . iacobus rex , clementi papae . beatissime pater , cum variis ad nos perlatum fuisset rumoribus , quàm diligenter nostrae sortis aemuli saepius egissent , ut authoritatis vestrae acies in nos distringeretur , quaque constantia id pro vestra prudentia hactenus fuerit recusatum : committere noluimus quin accepti memores beneficii gratias ageremus , opportunam nacti occasionem , cum lator praesentium , natione nostras , vester ascriptitius , in fines ditionis vestrae reverteretur ; quem pro sua indole vestris ornatum beneficiis vestrae sanctitati commendamus , ut eum in iis quae nostro nomine habet impartienda , audire placide non dedignetur : et quia adversus malevolorum calumnias , qui nostras in catholicos injurias commemorando , nobis invidiam , & ipsis gratiam conciliant , nullum tutius remedium agno●cimus , quàm ut è nostratibus aliqui , veritatis studiosi , quan●umvis à religione quam nos à prima hausimus infantia , abhorrentes , honestam in curia romana demorandi occasionem semper haberent , ex quibus vestra sanctitas certo possit , in quo statu res nostrae sint , ediscere ; hoc nomine episcopum vazionensem vobis commendamus , qui ut sortis suae qualecunque incrementum vestrae sanctitati duntaxat refert acceptum , ita cardinalatus honorem prioribus beneficiis , nostra praesertim gratia , adjici obnixe rogamus . sic inimicorum cessabunt calumniae , praesentibus qui rerum gestarum veritatem possint adstruere . nec actionum nostrarum ullam aequos rerum aestimatores cupimus latere , qui in ea religionis , quam profitemur , puritate enutriti , sic semper statuimus nihil melius tutiusque quam citra fucum in iis promovendis , quae divini numinis gloriam serio spectant , pie contendere , & remotis invidiae stimulis , non tam quid religionis inane nomen , quam verae pietatis sacrosancta tessera requirat , charitatis semper adhibito fomento , diligenter considerare . sed quia de his copiosius cum latore praesentium , viro non inerudito , & in rebus nostris mediocriter versato , disseruimus , longioris epistolae taedio censuimus abstinendum . beatudinis vestrae obsequentissimus filius i. r. e sancta cruce , sept. . king james letter to pope clement . most holy father , having understood by several reports how diligent the rivals of our condition have been , that the sword of your authority should be unsheathed against us , and with what constancy your prudence hath hitherto refused it ; we could do no less then return thanks for such a good turn received ; especially upon so fair an occasion , when the bearer of these , a scotchman by nation , but a roman by adoption , was returning unto your dominions ; we recommend him to your holiness ( to whom for his good parts you have already been beneficial ) that you would attentively hear him in those things which he shall deliver in our name : and because we know there is no better remedy against the calumnies of ill willers , ( who by commemorating our injuries done to catholicks procure envy to us , and thank to themselves ) then that some of our countreymen zealous of the truth , though differing from the religion which we have suckek from our infancy , should have an honorable occasion of making their abode in the court of rome , from whom your holiness may be certainly informed of the state of our affairs . in this regard we recommend unto you the bishop of vazion , who as he doth impute whatsoever increase of his condition to your holiness alone ; so we are earnest suitors , that for our sake especially , the honor of a cardinals cap may be added to his former advantages . by this means the calumnies of our enemies will cease , when such are present with you , who may be able to assert the truth of our doings . we do not desire any of our actions should be concealed from just arbitrators ; for though we have been bred up in the truth of that religion which we now profess , yet we have always determined that there is nothing better and safer , then piously and without ostentation , to endeavor the promoting of those things which really belong to the glory of gods name , and laying aside the goa●ds of envy , and applying the warmth and fomentation of charity , diligently to consider what belongeth not to the empty name of religion , but to the holy symbol of true piety . but because we have discoursed more at large of these things with the bearer hereof , a man not unlearned , and indifferently well conversant in our affairs , we have thought best to be no more tedious by a long letter . your holiness most dutiful son j. r. from holy rood , sept. . summa mandatorum edwardi drummond jurisconsulti , quem ad pontificem maximum , ducem etruriae , ducem sabaudiae , caeterosque principes & cardinales ablegamus . salutabis imprimis nostro nomine quàm potes officiosissimè , pontificiem maximum , caeterosque principes & cardinales ; datisque nostris literis fiduciariis significabis , capere nos vehementer eum , quem decet , amoris & benevolentiae modum cum iis conservare , omnemque removere non suspicionem modo , sed & suspicionis levissimam quamcunque occasionem . quod quamvis in ea persistimus religione , quam à teneris hausimus annis , non tamen ita esse charitatis expertes , quin de christianis omnibus bene sentiamus ; modo in officio primum erga deum optimum maximum , deinde erga magistratus , quorum subsunt imperio , permanserint . nullam nos unquam saevitiam contra quoscunque catholicos religionis ergo exercuisse . et quia plurimum interest nostra ut pari diligentia qua malevoli mentiuntur , nos per amicos & subditos veritatem possimus adstruere ; idcirco inniteris in hoc totis viribus ut pontifex maximus tam rogatu nostro quam precibus illustrissimorum principum , quos per literas nostras ad hoc rogavimus , ad hoc induci possit ut episcopus vazionensis in cardinalium collegium adsciscatur ; in quo si profeceris , ut de eo redditi fuerimus certiores , ulterius progrediemur . cavebis ne in hoc negotio ad pontificem maximum , aut illustrissimos cardinales , ulterius progrediaris , nisi prius subsit certa spes optati eventus . this letter was conveyed by edward drummond the lawyer , whom the king sent to the pope , the duke of tuscany , the duke of savoy , and other princes and cardinals . first , you shall most respectively salute in our name the pope , and those other princes and cardinals ; and having delivered our letters of credence , shall signifie , that we exceedingly desire to reserve with them the measure of love , and good will , which is sitting to remove not onely all suspition , but any thing that may be the cause of suspition . that although we persist in the religion which we suck'd in from our infancy , yet we are not so void of charity , but to think well of all christians if so be they continue in their duty , first towards god , and then towards the magistrate , whose subjects they are . that we never exercised any cruelty against the catholicks , for religion sake . and because it doth very much concern us , that we may be able to assert the truth by our friends and subjects , with the same diligence that slanderers lie ; therefore you shall endeavor to the utmost to perswade the pope , as well at our entreaty , as for the desire of these most illustrious princes , whom in our letters we have sollicited in our behalf , to make the bishop of vazion cardinal , wherein if you be successful , as soon as we shall be certified thereof , we will proceed further . you must be cautelous not to proceed any further in this business , either with the pope or the most illustrious cardinals , unless there be a certain hope of our wished event . the high & mighty monarch charles by the grace of god king of great brittaine france & ireland defender of the faith. historical collections . primo caroli . on the same day when king iames departed this life at theobalds , the lord president of the council , and the lord marshal of england , were immediately sent by the body of the council to prince charles , who was then retired to his chamber , to give him notice of his fathers decease , and that they were all there ready to present themselves unto him , if his pleasure were to admit them ; but he being in sadness , wished them to forbear their coming till the next morning . in the mean time , the privy-counsellors assembled themselves , drew up the form of a proclamation to proclaim king charles , which was forthwith published at the court-gate at theobalds ; which being done , the king signified his pleasure , that the lord keeper , the lord treasurer , the lord president , the lord chamberlain , the treasurer of the house , and the comptroller should attend him ; they all came and rendred up their offices and places to him , which his majesty presently restored to them again . the privy-counsellors gave notice to the lord major of london , that he and all the aldermen should that day appear in their robes at ludgate , whither the lords and others would repair , to proclaim king charles : accordingly , the lords went from theobalds to the palace of whitehall , where the nobility then about london were gathered together . at whitehall-gate the king was proclaimed by sound of trumpet , all the nobility , privy-counsellors and gentry being on horse-back , went thence , and proclaimed the king at charing-cross , denmark-house , temple-bar , at the great conduit in fleetstreet , and thence they rode up to ludgate , where the lord major and aldermen were on horse-back , expecting within the gates , and the lords and others entered and proclaimed him there , and then they rode all to cheapside-cross , where they proclaimed the king again ; and the lords returning thence , left order with the lord major to go on with the proclamation in other parts of the city . the same day king charles removed from theobalds , and came to st iames's in the evening , and the corps of the deceased king remained at theobalds , attended by all the servants in ordinary . the day following , the privy-counsellors to the late king , with all the lords spiritual and temporal then about london , were in the council chamber at whitehall by eight of the clock in the morning , ready to go together , and present themselves to his majesty ; but there came in the mean a commandment from the king , by the lord conway and sir albertus morton , principal secretaries of state to the deceased king ; that the lord keeper of the great-seal should be sworn of his majesties privy-council , and that he should give the oath to the lord president , by whom all the rest of the late kings council should be sworn counsellors to his present majesty : the lord keeper of the great seal , the lord president , the lord arch-bishop of canterbury , the lord treasurer of england , the lord privy-seal , the duke of buckingham lord admiral of england , the earl of pembrook lord chamberlain , the earl of montgomery , the earl of kellye , the earl of arundel earl marshal of england , the lord viscount grandison , the lord conwey , the lord brook , mr treasurer , mr comptroller , the master of the wards , mr secretary morton , mr chancellor of the exchequer , and the master of the rolls , were this day sworn accordingly ; the lord keeper did take an oath apart , as lord keeper of the great seal ; the lord treasurer , as lord treasurer of england ; the lord president , as lord president of the kings privy-council , and the lord conwey , and sir albertus norton , as principal secretaries of state ; the lords which were not of his majesties privy-council repaired by themselves to st iames's , and presented themselves to the king , and kissed his hand . the council sat immediately , and advised of the most important and pressing matters to be offered to the king for his present service , and resolved upon these particulars . that a commission be granted to authorize the great-seal , privy-seal , and signet , till new ones be prepared ; also commissions for authorizng of judges , justices of peace , sheriffs , and other such officers for government ; that there be a general proclamation for continuation of proceedings , preservation of peace , and administration of justice ; that letters be prepared for the ambassadors with foreign princes , to authorize their services to the king ; that special messengers be sent unto foreign princes ; that the like proclamations to those of england , be sent into scotland ; that commissions be renewed into ireland , to the deputy and officers there ; that the mint for coyning of money go on , and all things be mannaged by the officers as then they stood , till the kings pleasure be further known ; that a parliament be summoned when the king shall appoint ; that the kings pleasure be known concerning the time of his fathers funeral , and where the corps shall rest in the mean time , as also the time of his majesties coronation . this being done , the whole council attended the king at st iames's , where the lord keeper , in the name of all the rest , presented their humble thanks , that it had pleased his majesty to have affiance in those that had been counsellors to his father , to receive them all to be of his privy-council ; the lord president represented to the king the matters before mentioned , which the king allowed , and gave order , that those of them which required speed should be put in execution , and most of the powers he signed presently : and first , because by the death of the late king , the authorities and powers of the greatest number of offices and places of government did cease and fail , by the failing of the soveraign person from whom the same were derived ; a proclamation issued forth , signifying his majesties pleasure , that all persons whatsoever , who at the decease of the late king were invested in any office or place of government civil or martial within the realms of england and ireland , and namely , presidents , lieutenants , vice-presidents , judges , justices sheriffs , deputy lieutenants , commissaries of musters , justices of peace shall continue in their several offices , till his majesties pleasure were further known . in another proclamation of the same date , the king took notice of his fathers death , and that he being his onely son , and undoubted heir , is invested and established in the crown imperial of this realm , and all other his majesties realms , dominions and countries , with all the royalties , preeminencies , stiles , names , titles and dignities to the same belonging ; and he declared , that as he for his part shall by gods grace shew himself a most benign and gracious soveraign lord to all his good subjects , in all their lawfull suits and causes ; so he mistrusteth not , but that they on their parts will shew themselves unto him their natural liege lord , most loving , faithfull , and obedient subjects . the council resolved to move the king , that his fathers funeral might be solemnized within five weeks , and within a few dayes after the ceremonial nuptials in france , and before the parliament began in england : these resolves the lord president represented unto the king , who accepted of the advices , and said , he would follow them . moreover , he summoned a parliament to begin the seventeeth of may ; but by the advice of his privy-council , prorogued it to the one and thirtieth of may , afterwards to the thirteenth of iune , and then to the eighteenth of the same moneth ; which prorogations were occasioned by the kings going to dover to receive the queen . april . the body and herse of king iames was brought from theobalds to london , being conducted by the officers of the guard of the body , all in mourning , every one having a torch , and attended by all the lords of the court , and great numbers of other persons of quality , and was placed in denmark-house in the hall of the deceased queen anne . the seventh of may was the day of burial , the body and herse were taken from the said hall of state , and brought in great pompe and solemnity to westminster , where the kings of england use to be interred : the new king , to shew his piety towards his deceased father , was content to dispense with majesty ; he followed in the rear , having at his right hand the earl of arundel , at his left the earl of pembrook , both knights of the garter ; his train was born up by twelve peers of the realm : so king iames , who lived in peace , and assumed the title of peace-maker , was peaceably laid in his grave in the abby at westminster . king charles in his fathers life time was linked to the duke of buckingham , and now continued to receive him into an admired intimacy and dearness , making him partaker of all his counsels and cares , and chief conductor of his affairs ; an example rare in this nation , to be the favorite of two succeding princes . the publick state of religion , and the steering of church-matters , had an early inspection and consultation in the cabinet council . bishop laud , who , in king iame's life time had delivered to the duke a little book about doctrinal puritanism , now also delivered to the duke a schedule , wherein the names of ecclesiastical persons were written under the letters o and p , o standing for orthodox , and p for puritans ; for the duke commanded that he should thus digest the names of eminent persons to be presented unto the king under that partition . king charles in the entrance of his reign proceeds with preparations for a war , begun in his fathers time ; the militia of the kingdom , through the long continued peace was much decayed , and the musters of the trained-bands were slight and seldom taken , and few of the commons were expert in the use of arms ; wherefore the lords lieutenants were commanded , by order of the council , to make a general muster of the trained horse and foot in their several counties , and to see to the sufficiency of the men , horse , and arms , and that all be compleat according to the best modern form , and be in readiness for all occasions , and especially now the affairs of christendom stand upon such uncertain terms ; and more particularly , that the maritine towns be well manned , and their men duely exercised ; and the king declared his will and pleasure , that the lord lieutenants of the several shires , should have the nomination of their deputy lieutenants . in the beginning of may warrants were issued forth for a leavy of souldiers , to be imployed in the service of his majesties brother and sister , the prince and princess palatine , whereof eight thousand were pointed to rendezvous at plymouth by the five and twenty of this moneth , and the charge of coat and conduct was ordered to be disbursed by the country , and the country to be repaid out of the kings exchequer , after the president of former times ; in like manner , two thousand men were appointed to rendezvous at the port of hull , to be transported into the netherlands for the service of the united-provinces , and two thousand were to be returned thence into england for his majesties present service ; the mingling of a good proportion of old souldiers and officers , with the new raised companies , was the ground of this exchange . the remembrance of the late violence committed by count mansfield's army in their passage to dover , occasioned a proclamation to repress and prevent the like attempts of soldiers , as they now passed through the counties to the places of their rendezvous , threatning the offendors with the strictest proceedings against them for an example of terror , and straitly commanding the officers who have the charge of the conduct , for the removing of all occasions and pretences of disorders , to see their companies duely paid , and provided of all necessaries , and to be alwayes present with them , and carefully to conduct them from place to place ; in like manner to prevent their outrages when they should come to plymouth , or the parts adjoyning , a commission was sent , impowering persons of trust , upon any robbery , fellony , mutiny , or other misdemeanors ( punishable with death by martial law ) committed by the souldiers , or other dissolute persons joyned with them , to proceed to the trial and condemnation of all such delinquents , in such summary course and order , as is used in armies in time of war , according to the law martial ; and to cause execution to be done in open view , that others may take warning and be kept in due obedience . the consummation of king charles his marriage with henrietta maria , daughter of france , was near at hand . the treaty had proceeded far in his fathers life time , but was not in all points concluded ; the articles were signed the year before by king iames on the eleventh of may , and by the french king on the fourteenth of august . on the thirteenth of march this present year , ( the earls of carlisle and holland being then ambassadors and commissioners in france for this marriage ) king charls signed the articles . besides the general , there were other private articles agreed upon in favor of the papists of this kingdom . that the catholicks , as well ecclesiasticks as temporal , imprisoned since the last proclamation which followed the breach with spain , should all be set at liberty . that the english catholicks should be no more searched after nor molested for their religion . that the goods of the catholicks as well ecclesiastical as temporal , that were seised on since the forementioned proclamation , should be restored to them . and on the tenth of may , as the first fruits of this promised indulgence and favor , the king granted unto twenty roman priests a special pardon of all offences committed against the laws then in force against papists . the dispensation being come from rome about the beginning of may , the espousals were made in paris by cardinal richelieu : the ambassadors having first presented to the king the contract of marriage , which was read openly by the chancellor , and his majesty of france agreed thereunto ; the duke of chevereux likewise shewed his procuration of power which the king of england had given him concerning the said marriage . the archbishop of paris pretended that it belonged to him to perform this solemnity ; but the cardinal carried it , as well for the eminencie of his dignity , as for that he was chief almoner and prime curate of the court. sunday following , the day appointed for these nuptials , the bride went from the louure about nine in the morning , to be dressed in the archbishops house ; and afterwards the king , queen , and princesses , and all the court in rich attire , parted likewise from the louure , and came to the said house of the archbishop , and thence conducted the bride to a theatre exected on purpose before the frontispiece of nostre-dame : the duke of chevereux had black habit , lined with cloth of gold , and beset with diamonds ; the earls of carlisle and holland , ambassadors , were both clad in beaten-silver , and went on each side of the duke of chevereux : a canopy being placed upon the scaffold , the king of france and monsieur his brother consigned the queen of great britain their sister into the hands of the duke of chevereux , and the marriage was solemnized according to the ordinary ceremonies of that church . which being performed , they went in the same order and solemnity to nostre-dame , the duke of chevereux going before the king. when they came to the door of the quire , they made great reverence to the king and queen ; and then the ambassadors retired into the bishops house , while mass was said in the church . the mass being ended , the duke of chevereux and the ambassadors came again to the door of the quire to take their places , and the same order was observed in returning as in going ; and so they came from the church into the hall of the archbishops house , where the feast royal was made in as great magnificence as can be expressed . the king sate under a canopy at the middle of the table , and the queen of great britain at his left hand , and the queen-mother at his right ; the duke of chevereux sate next the queen of england , and the earls of carlisle and holland next to the duke . to the intent that all sorts of persons might partake of the publick joy , prisoners for debts were set at liberty , and pardon was granted to several criminals , as an earnest of the kings respect and love to his sister , after this new alliance . the duke of buckingham was sent into france to his christian majesty , to send away the wife to the king of great britain , and to be her convoy . he arrived at paris the . of may , with the earl of montgomery and other english lords , and was lodged in the palace of the duke of chevereux , who with his lady was to conduct the queen into england , there to render her to the king her husband . during the seven days stay which the duke made at park , the feastings and rejoicings were renewed and multiplied , bonfires shining and canons playing ; but none did equalize the feast that was made by the cardinal of richelieu . the second of iune was the time appointed for our queens departure : the king of france sent to the towns in her way , to render her majesty all due honors , as if it were to himself . the king of england having notice that the queen was gone from amiens , sent a royal navy to boloign to transport her ; the fleet saluted the town with a hundred peece of canon . among other great ladies , the duchess of buckingham was sent to kiss the queens hands as from the king her husband , desiring her to take her own time of coming over with most conveniencie to her own person . the . of iune ( new stile ) the queen imbarqued at boloign , and within twenty four hours arrived at dover : and as the king was preparing to receive her , she sent to his majesty to desire him not to come till the morrow , because she had been somewhat indisposed at sea. she passed that night at dover , and the next day about ten of the clock the king was there with the flower of the nobility , and after some complements past , caused every-body to retire , and they were half an hour together in the closet . thence his majesty conducted the queen to canterbury , and the same evening the marriage was there consummated . then the queen , in testimony of her respect and love to the king her husband , made it her first suit , ( as afterwards the king made known ) that he would not be angry with her for her faults of ignorance , before he had first instructed her to eschew them ; for that she being young , and coming into a strange country , both by her years , and ignorance of the customs of the nation , might commit many errors : and she desired him in such cases to use no third person , but by himself to inform her , when he found she did ought amiss . the king granted her request , and thanked her for it , desiring her to use him even as she had desired him to use her ; which she willingly promised . the knights and gentlemen of kent , together with the trained bands , were by order of the council commanded to attend and receive the queen at the most convenient places as she passed , in such solemn manner and equipage as beseemed the dignity of his majesty , and the quality of her person . likewise the magistrates of the cities and towns were commanded to attend at her passage , in such formalities as are used in principal and extraordinary solemnities . on the sixteenth of iune , the king and queen came both to london : great preparations were made and intended for her majesties reception ; but the plague then increasing , those ceremonies were laid aside . a chappel at somerset-house was built for the queen and her family , with conveniencies thereunto adjoining for capuchin-friers , who were therein placed , and had permission to walk abroad in their religious habits . thence-forward greater multitudes of seminary-priests and iesuites repaired into england out of forein parts . this summer , the pestilence raged in london . at the entrance of the late king there was a great plague in the city , but this was far greater , and the greatest that ever was known in the nation : for which cause a great part of trinity-term was adjourned from the first return to the fourth , by the advice of the privy-council and the justices of the courts at westminster ; and some few days in the beginning and ending thereof were holden for the better expediting and continuing of causes and suits , and the returning and suing out of processes , and such like business as might be done in the absence of the parties by their attornies . on the eighteenth day of iune , the parliament began at westminster . the king being placed in his royal throne , the lords sitting in their robes , the commons also being present , his majesty spake thus . i thank god , that the business to be treated on at this time is of such a nature , that it needs no eloquence to set it forth ; for i am neither able to do it , neither doth it stand with my nature to spend much time in words . it is no new business , being already happily begun by my father of blessed memory , who is with god ; therefore it needeth no narrative : i hope in god you will go on to maintain it , as freely as you advised my father to it . it is true , he may seem to some to have been slack to begin so just and so glorious a work ; but it was his wisdom that made him loth to begin a work , until he might find a means to maintain it : but after that he saw how much he was abused in the confidence he had with other states , and was confirmed by your advice to run the course we are in , with your engagement to maintain it , i need not press to prove how willingly he took your advice ; for , the preparations that are made are better able to declare it , then i to speak it . the assistance of those in germany , the fleet that is ready for action , with the rest of the preparations which i have only followed my father in , do sufficiently prove that he entred into this action . my lords and gentlemen , i hope that you do remember that you were pleased to imploy me to advise my father to break off those two treaties that were on foot ; so that i cannot say , that i came hither a free unengaged man. it 's true , i came into this business willingly and freely like a young man , and consequently rashly ; but it was by your interest , your engagement : so that though it were done like a young man , yet i cannot repent me of it , and i think none can blame me for it , knowing the love and fidelity you have borne to your king , having my self likewise some little experience of your affections . i pray you remember , that this being my first action , and begun by your advice and intreaty , what a great dishonor it were to you and me , if this action so begun should fail for that assistance you are able to give me . yet knowing the constancie of your love both to me and this business , i needed not to have said this , but only to shew what care and sense i have of your honors and mine own . i must intreat you likewise to consider of the times we are in , how that i must adventure your lives ( which i should be loth to do ) should i continue you here long ; and you must venture the business , if you be slow in your resolutions . wherefore i hope you will take such grave counsel , as you will expedite what you have in hand to do : which will do me and your selves an infinite deal of honor ; you , in shewing your love to me ; and me , that i may perfect that work which my father hath so happily begun . last of all , because some malicious men may , and as i hear , have given out , that i am not so true a keeper and maintainer of the true true religion that i profess ; i assure you that i may with s. paul say , that i have been trained up at gamaliels feet ; and although i shall be never so arrogant as to assume unto my self the rest , i shall so far shew the end of it , that all the world may see , that none hath been , nor ever shall be more desirous to maintain the religion i profess , then i shall be . now because i am unfit for much speaking , i mean to bring up the fashion of my predecessors , to have my lord keeper speak for me in most things : therefore i have commanded him to speak something unto you at this time , which is more for formality , then any great matter he hath to say unto you . then the lord keeper coventry declared , that the kings main reason of calling the parliament , besides the beholding of his subjects faces , was to mind them of the great engagements for the recovery of the palatinate , imposed on his majesty by the late king his father , and by themselves who brake off the two treaties with spain . also to let them understand , that the succeeding treaties and alliances , the armies sent into the low-countries , the repairing of the forts , and the fortifying of ireland , do all meet in one centre , the palatinate ; and that the subsidies granted the last parliament , are herein already spent , whereof the accompt is ready , together with as much more of the kings own revenue . his lordship further commended three circumstances : first , the time ; all europe being at this day as the pool of bethesda , the first stirring of the waters must be laid hold on : wherefore his majesty desires them to bestow this meeting on him , or rather on their actions ; and the next shall be theirs , as soon , and as long as they please , for domestick business . secondly , supply : if subsidies be thought too long and backward , his majesty desires to hear , and not to propound the way . thirdly , the issue of action ; which being the first , doth highly concern his majesties honor and reputation , for which he relies upon their loves with the greatest confidence that ever king had in his subjects ; witness his royal poesie , amor civium regis munimentum : and he doubts not but as soon as he shall be known in europe to be their king , so soon shall they be known to be a loving and loyal nation to him . iune . the commons presented sir thomas crew knight and serjeant at law for their speaker , ( who was also speaker in the last parliament of king iames ) and his majesty approved the choice . after the house of commons had setled their general committees , there were various debates amongst them : some insisted upon the grievances mentioned , but not redressed by king iames in the last parliament ; others pressed for an accompt of the last subsidies granted for recovery of the palatinate ; others for the putting of laws in execution against priests and jesuits , and such as resorted to ambassadors houses , and the questioning of mr. richard montague , for his book intituled an appeal to caesar ; which ( as they said ) was contrived and published to put a jealousie between the king and his well-affected subjects , and contained many things contrary to the articles of religion established by parliament ; and that the whole frame thereof was an encouragement to popery . others again declared , how the king no sooner came to the crown , but he desired to meet his people in parliament , it being the surest way to preserve a right understanding between him and them ; that since he began to reign , the grievances are few or none ; and when he was prince , he was observed to be very instrumental in procuring things for the subjects benefit . wherefore it will be the wisdom of this house to take a course to sweeten all things between king and people , and to express their duty to the king by giving supply , and therewith to offer nothing but a petition for religion , that religion and subsidies may go hand in hand . and whatsoever they did , it was needful to do it quickly , considering how greatly the plague increased , and the bell was tolling every minute while they were speaking . the commons moved the lords to joyn in a petition to the king for a publick fast , whereunto their lordships readily concurred ; and the king consenting , a proclamation was issued forth for a fast throughout the kingdom . several particular committees were appointed . one to enquire of the subsidies given the last parliament , another to consider of tonnage and poundage . the imposition on wines was voted upon the merchants petition , to be presented as a grievance . sir edward cook went to the house of peers with a message from the commons , desiring their concurrence in a petition concerning religion , and against recusants ; which being agreed unto and presented to the king , his majesty answered , that he was glad that the parliament was so forward in religion , and assured them they should finde him as forward ; that the petition being long , could not be presently answered . mr. richard montague was brought to the bar of the commons house for his fore-named book . this cause began in the one and twentieth of king iames , when he had published a former book which he named a new gagg for an old goose , in answer to a popish book , entituled a gagg for the new gospel . the business was then questioned in parliament , and committed to the archbishop of canterbury , and ended in an admonition given to montague . afterwards the bishops of the arminian party , consulting the propagation of the five articles condemned in the synod of dort , concluded that mr. montague being already engaged in the quarrel , should publish this latter book at first attested by their joynt-authorities , which afterwards they withdrew by subtilty , having procured the subscription of doctor francis white , whom they left to appear alone in the testimony , as himself ofttimes complained publickly . the archbishop disallowed the book , and sought to suppress it ; nevertheless , it was printed and dedicated unto king charles , whereby that party did endeavor to engage him in the beginning of his reign . the house appointed a committee to examine the errors therein , and gave the archbishop thanks for the admonition given to the author , whose books they voted to be contrary to the articles established by the parliament , to tend to the kings dishonor , and disturbance of church and state , and took bond for his appearance . hereupon the king intimated to the house , that the things determined concerning mountague without his privity did not please him ; for that he was his servant and chaplain in ordinary , and he had taken the business into his own hands , whereat the commons seemed to be much displeased . howbeit , to take away all occasion of disgust from the king at the entrance of his reign , both houses did humbly present two subsidies granted to his majesty as the first-fruits of their love , whereof they craved acceptance . the lord conway , secretary of state , signified to the house of lords ( the commons being present ) the kings gracious acceptance of the bill of two subsidies ; yet that the necessities of the present affairs were not therein satisfied , but required their further counsels : he reminded them , that the late king was provoked beyond his nature to undertake a war for the recovery of his childrens antient patrimony : the charges of this war appeared by computation to amount unto seven hundred thousand pounds a year to support the netherlands , and to prevent the emperors design of concluding with the princes of germany , ( utterly to exclude the palsgrave ) he levied an army under count mansfield . the kings of denmark and sweden , and the princes of germany levied another ; france , savoy , and venice , joyned together for a war of diversion ; and to uphold the netherlands , the charges of mansfield and denmarks army must yet continue . after this the lord keeper delivered a short message from the king to both houses , that to the petition of the lords and commons touching religion , his majesty was pleased at the first to answer gratiously ; but now he hath sent them a fuller answer , even an assurance of his real performance in every particular . the houses were preparing several acts , as against giving and taking of bribes for places of judicature ; about pressing of soldiers , and tonnage and poundage , &c. but by reason of the great increase of the plague , as appeared that week by the bill of mortality , the king being moved by the houses to grant a short recess , adjourned the parliament to oxford , to reassemble the first of august following . and for the same reason , the receipt of the kings exchequer was removed from westminster to richmond , and all fairs within fifty miles of london were prohibited to prevent a more general contagion . in the time of this recess , the vantguard , a principal ship of the royal navy , with seven merchant ships of great burden and strength , were lent to the french king , and employed against rochel , which was thus brought about . king iames in his life time , being in treaty for a marriage between his son , and the now queen ; and entring into a war against the king of spain , and his allies in italy and the valtoline , had passed some promise for the procuring or lending of ships to the french king , upon reasonable conditions ; but in no wise intending they should serve against rochel , or any of our religion in france : for the french ministers pretended , that the ships should be employed onely against genoa ; but afterwards the protestants in france intimating their suspition , that the design for italy was a meer pretence to make up an army to fall upon the rochellers and others of the religion , king iames willing to perform his promise , and yet to secure the protestants , directed , that the greater number of those that served in the ships should be english , whereby he might keep the power in his own hands . for the performance of this engagement , the forenamed ships were at this time commanded to the coasts of france : nevertheless there wanted a sufficient care to prevent the abusing and inslaving them to the designs of the french king. captain iohn pennington , the admiral of this fleet , was much unsatisfied , and presented to the duke of buckingham , lord high admiral , his exceptions to the contract between his majesty and that king , and chiefly for that the companies were bound to fight at the french kings command , against any nation except their own ; and that the french might put aboard them as many of their own people as they pleased . the vantguard arived at deep , but the rest lingred behinde ; for , the companies understanding that the french design was to surprise the ships and to block up the harbor of rochel , resolved to sink rather , then go against those of their own religion . captain pennington received letters from the duke , and a warrant from secretary conway in the kings name , to command him to deliver up the ships to the hands of such frenchmen as his christian majesty shall appoint , but withal directing him not to dissert his charge , by which latter passage he was willing to understand , that it was not the dukes intention that he should dispossess himself and his companies of them ; for he supposed his grace had no such unjust thought as to continue him there alone . these orders were delivered unto him by the hands of the french ambassador , together with a letter from the french king , which willed him to receive his soldiers , and his admiral , the duke of montmorance , and joyn with his fleet against his rebellious subjects . whereupon the ambassador urged the surrender of the ship , and nothing would satisfie him , but a present possession , and a discharge of the english soldiers , save a very few , in case they were willing to be entertained in the service . pennington after much dispute , although he were promised an ample reward in money to be given him at the surrender , and of a royal pension during his life , came to this resolute answer ; that without an express and clear warrant he would not surrender nor discharge a man of his company . whereupon the french ambassadors secretary came two several times to the ship to protest against the captain , as a rebel to his king and countrey ; but at the making of the last protest , which was accompanied with threatning speeches , the soldiers and mariners grew into such a fury and tumult , that they got up their anchors and set fail for england , saying , they would rather be hanged at home , then surrender the ship or be slaves to the french , and fight against their own religion . all which captain pennington did not gainsay nor oppose ; but when they came to anchor in the downs , he advertised the duke of all that had hapned , and craved further direction , but complained of the bondage of this engagement , assuring him , that the mariners would rather be hanged , then return again into france : so in all the rest of the ships , the captains and companies utterly refused the service , and protested against it , though they were tempted with chains of gold , and other rewards . all this while the body of the council were ignorant of any other design then th● of genoa ; then divers persons came over from the duke of rohan , and the protestants of france , to sollicit the king and council against lending of the ships , and received fair answers from them both . but the king sent an express and strict order to pennington , requiring him without delay to put his former command in execution , for the consigning of the ship called the vantguard , with all her furniture , into the hands of the marquess d' effiat , assuring the officers of the ships , that he would provide for their indempnity ; and further commanding him to require the seven merchants ships in his name , to put themselves into the service of the french king , and in case of backwardness or refusal , to use all means to compel them thereunto , even to their sinking . upon this pennington went back to deep , and put the vantguard into the absolute power and command of the french king to be employed in his service at pleasure , and commanded the rest of the fleet to the like surrender . at the first , the captains , masters , and owners refused to yield , weighed anchor , and were making away ; but when pennington shot , they came in again , but sir ferdinando gorge came away with the ship called the neptune : the companies unanimously declined the service , and quitted the ships , all but one man , who was a gunner ; and pennington hasted to oxford where the parliament was reassembled , but as was voiced , was there concealed till the parliament was dissolved . on the first of august the parliament reassembled at oxford , whether the news of the ships lent to the french against the besieged rochellers , did quickly flie , and exasperate the spirit of that great assembly against the duke of buckingham . the grievances insisted upon , were the mis-spending of the publick treasure , the neglect of guarding the seas , insomuch that the turks had leisure to land in the western parts , and carry away the subjects captives . the commons appointed a committee to consider of secret affairs , and to examine the disbursements of the three subsidies and the three fifteens given to king iames , for the recovery of the palatinate , and they prepared to assault the duke . also mr. richard montague was summoned to appear according to the condition of his bond , and a committee was appointed to proceed in the further examination of that business . mr. montagues cause was recommended to the duke by the bishops of rochester , oxford , and st. davids , as the cause of the church of england . they shew that some of the opinions which offended many , were no other then the resolved doctrine of this church , and some of them are curious points disputed in the schools , and to be left to the liberty of learned men to abound in their own sense , it being the great fault of the council of trent , to require a subscription to school opinions , and the approved moderation of the church of england , to refuse the apparent dangers and errors of the church of rome ; but not to be over-busie with scholastical niceties . moreover in the present case , they alleage , that in the time of henry the eighth when the clergy submitted to the kings supremacy , the submission was so resolved , that in case of any difference in the church , the king and the bishops were to determine the matter in a national synod ; and if any other judge in matters of doctrine be now allowed , we depart from the ordinance of christ , and the continual practice of the church . herewithal they intimated , that if the church be once brought down below her self , even majesty it self with soon be impeached . they say further , that king iames in his rare wisdom and judgment approved all the opinions in this book ; and that most of the contrary opinions were debated at lambeth , and ready to be published , but were suppressed by queen elizabeth , and so continued , till of late they received countenance at the synod of dort , which was a synod of another nation ; and to us no ways binding , till received by publick authority . and they affirm boldly , that they cannot conceive what use there can be of civil government in the common-wealth , or of external ministry in the church , if such fatal opinions as some are , which are opposite to those delivered by mr. montague , be publickly taught and maintained . such was the opinion of these forenamed bishops ; but others of eminent learning were of a different judgment . at oxford in a late divinity disputation held upon this question , whether a regenerate man may totally and finally fall from grace ? the opponent urging the appeal to caesar , the doctor of the chair handled the appellator very roughly , saying , he was a meer grammarian , a man that studied phrases more then matter ; that he understood neither articles nor homilies , or at least perverted both ; that he attributed he knew not what vertue to the sign of the cross , dignus cruce qui asserit ; and concluded with an admonition to the juniors , that they should be wary of reading that and the like books . on the fourth of august , the lords and commons were commanded to attend his majesty in christs-church hall in oxford , where he spake unto them in manner following . my lords , and you of the commons , we all remember that from your desires and advice , my father now with god , brake off those two treaties with spain that were then in hand : well you then foresaw , that as well for regaining my dispossessed brothers inheritance , as home defence , a war was likely to succeed ; and that as your councils had led my father into it , so your assistance in a parliamentary-way to pursue it , should not be wanting . that aid you gave him by advice , was for succor of his allies , the guarding of ireland , and the home part , supply of munition , preparing and setting forth of his navy . a council you thought of , and appointed for the war , and treasurers for issuing of the moneys : and to begin this work of your advice , you gave three subsidies , and as many fifteens , which with speed were levied , and by direction of that council of war ( in which the preparation of this navy was not the least ) disbursed . it pleased god at the entrance of this preparation ( by your advice begun ) to call my father to his mercy , whereby i entred as well to the care of your design , as his crown . i did not then as princes do of custom and formality reassemble you , but that by your further advice and aid , i might be able to proceed in that which by your counsels my father was engaged in . your love to me , and forwardness to further those affairs , you expressed by a grant of two subsidies yet ungathered ; although i must assure you , by my self and others , upon credit taken up and aforehand disbursed , and far short as yet to set forth that navy now preparing ; as i have lately the estimate of those of care , and who are still employed about it , whose particular of all expences about this preparation shall be given you , when you please to take an accompt of it . his majesty having ended his speech , commanded the lord conway , and sir iohn cook , more particularly to declare the present state of affairs ; which was done to this effect . that our soveraign lord king iames of famous memory , at the suit of both houses of parliament , and by the powerful operation of his majesty that now is , gave consent to break off the two treaties with spain , touching the match and the palatinate , and to vindicate the many wrongs and scorns done unto his majesty and his royal children : besides , if the king of spain were suffered to proceed in his conquests under pretence of the catholick cause , he would become the catholick monarch which he so much affects , and aspires unto . also amidst these necessities , our late king considered , that he might run a hazard with his people , who being so long inured to peace , were unapt to war ; that the uniting with other provinces in this undertaking , was a matter of exceeding difficulty . this drew him to new treaties for regaining his children right , which were expulsed by the friends and agents of spain ; and wherein his majesty proceeded as far as the wisest prince could go , and suffered himself to be won unto that which otherwise was impossible for his royal nature to endure . he considered also the many difficulties abroad , the duke of bavaria by force and contract had the palatinate in his own possession , most of the electors and princes of germany were joyned with him . the estates of the other princes most likely to joyn in a war of recovery , were seized and secured , and all by a conquering army : besides , the emperor had called a diet , in which he would take away all possibility of recovering the honor and inheritance of the palatinate ; thus it stood in germany . and in france the king there chose to sheath his sword in the bowels of his own subjects , rather then to declare against the catholick cause . in the low-countreys the sect of the arminians prevailed much , who inclined to the papists rather then to their own safety , notwithstanding that the enemy had a great and powerful army near them ; so that his majesty was inforced to protect and countenance them with an army of six thousand from hence , with a caution of the like supply from thence , if required . moreover he sought alliance with france , by a match for his royal majesty that now is , thereby to have interest in that king , and to make him a party . the last consideration was his majesties own honor , who had labored with the two kings of denmark and sweden , and the german princes , from whom he received but cold answers ; they refusing to joyn , unless they first saw his majesty in the field . but of this he was very tender , unless the league were broken , or he first warred upon . the forces of an army were considered , and the way of proceeding , whether by invasion or diversion : the charges thereof appeared in parliament to be seven hundred thousand pounds a year ; besides , ireland was to be fortified , the forts here repaired , and a navy prepared ; he thought it feasible to enter into a league with the french king , and the duke of savoy and venice . hereupon an army was committed to count mansfield , the charge whereof came to seventy thousand pounds a moneth for his majesties part ; also he commanded the preparing of this great fleet : all which so heartned the princes of germany , that they sent ambassadors to the kings of denmark and sweden ; and those two kings offered a greater army both of horse and foot , to which his majesty was to pay a proportion . count mansfields army ( though disastrous ) produced these happy effects ; first , it prevented the diet intended by the emperor . secondly , the german princes gained new courage to defend themselves , and oppose their enemies . thirdly , the king of denmark hath raised an army , with which he is marched in person as far as minden . moreover , the confederates of france and italy have prosecuted a war in milan , and peace is now made by the french king with his own subjects ; so that by this means breath is given to our affairs . this parliament is not called in meer formality upon his majesties first coming to the crown , but upon these real occasions to consult with the lords and commons ; two subsidies are already given , and gratiously accepted ; but the moneys thereof , and much more are already disbursed . a fleet is now at sea and hastning to their rendezvous , the army is ready at plimouth , expecting their commanders . his majesties honor , religion , and the kingdomes safety , is here engaged ; besides , he is certainly advised of designs to infest his dominions in ireland , and upon our own coasts , and of the enemies increase of shipping in all parts . these things have called the parliament hither , and the present charge of all amounts to above four hundred thousand pounds ; the further prosecution whereof , the king being unable to bear , hath left it to their consultations . his majesty is verily perswaded , that there is no king that loves his subjects , religion , and the laws of the land , better then himself ; and likewise that there is no people that better loves their king , which he will cherish to the uttermost . it was thought that this place had been safe for this assembly , yet since the sickness hath brought some fear thereof , his majesty willeth the lords and commons to put into the ballance with the fear of the sickness , his and their great and weighty occasions . then the lord treasurer added , that the late king when he died , was indebted to the city of london l. besides interest , and indebted for denmark and the palatinate l. and indebted for his wardrobe l. that these debts lie upon his majesty that now is , who is indebted upon london l. that he hath laid out for his navy l. and l. for count mansfield . and for mourning and funeral expences for his father l. for expences concerning the queen . the navy will require to set it forth in that equipage as is requisit for the great design his majesty hath in hand , and to pay them for the time intended for this expedition , l. after this conference , the commons fell into high debates , alleaging , that the treasury was mis-employed ; that evil councels guided the kings designs ; that our necessities arose through improvidence ; that they had need to petition the king for a strait hand and better counsel to manage his affairs : and though a former parliament did engage the king in a war , yet ( if things were managed by contrary designs , and the treasure misemployed ) this parliament is not bound by another parliament , to be carried blindfold in designs not guided by sound counsel ; and that it is was not usual to grant subsidies upon subsidies in one parliament , and no grievances redressed . there were many reflections upon the dukes miscarriages ; likewise they reassumed the debate concerning montague ; and they resolved , that religion should have the first place in their debates ; and next unto it , the kingdoms safety , and then supplies . other particulars were likewise insisted on , that the king be desired to answer in full parliament to the petition concerning religion , and that his answer be inrolled with the force of an act of parliament : also that the house consider of the new prepared fleet and army , and whither intended , no enemy being yet declared ; that great sums of money were given for places , to the value of an hundred and forty thousand pounds at least ; that the king should contribute to help the palatinates cause with his own estate ; that the time of the year was too far spent for the fleet to go forth in service ; that inquiry be made , whether the duke brake not the match with spain , out of spleen and malice to conde olivares ; whether he made not the match with france upon harder terms ; and whether the ships lent against rochel were not maintained with the subsidies given for the relief of the palatinate ; that an advised counsel for the government of the present affairs , and to look into the kings estate , is necessary ; that his majesty be desired to give his answer concerning the imposition on wines ; and select committees draw out these heads at large to be presented to the king : the doing whereof , they said was no capitulation with his majesty , but an ordinary parliamentary course : without which , the commonwealth could never supply the king , nor indeed subsist . soon after the commons had a conference with the lords , desiring their concurrence in presenting to the king , these matters following . that notwithstanding the lords and commons at their last meeting this session , did petition his majesty for the advancing of gods true religion , and the suppressing of popery ; unto which his majesty vouchsafed as well from his own mouth , as by the lord keeper , to return such answer as assured them of his royal performance : yet at this meeting they finde , that on the of iuly last his majesty granted a pardon unto alexander baker a jesuite , and unto ten other papists , which ( as the commons have been informed ) was gotten by the importunity of some foreign ambassador , and passed by immediate warrant , and was recommended by the principal secretary of state , without the payment of the ordinary fees. and further , that divers copies of letters and other papers being found in the house of one mary estmonds in dorsetshire , by two justices of peace , who thereupon tendred her the oath of alleagiance , and upon her refusal committed her to the constable , from whom she made an escape , and complained to the king. the principal secretary did write to those two justices in favor of her . upon these passages the commons made observations ; first , upon the date of the pardon , which was the next day after his majesties answer by the lord keeper to their petition concerning religion ; secondly , that the pardon dispenced with several laws , as of the and of queen elizabeth , and of the third of king iames , provided to keep the subjects in due obedience ; thirdly , that the pardon was signed by the principal secretary of state ; and therefore the commons declared , that these actings tended to the prejudice of true religion , his majesties dishonor , the discountenancing of the ministers of justice , the grief of the good people , the animating of the popish party , who by such examples grew more proud and insolent , and to the discouragement of the high court of parliament : all which they humbly desire his majesty to take into due consideration , and to give effectual and speedy redress therein . the lord conway principal secretary of state , being called to give an accompt of this business , answered , that he ever hated the popish religion ; that the pardon was granted before the king answered their petition , though it bore not date till afterwards ; that the king commanded the doing thereof , and that no fees should be taken ; that he was commanded by the king to write a letter in favor of the woman in dorset-shire , and what he did therein was to take off all scandal from the king , though it lighted upon himself . this conference no sooner ended , but both houses were ordered to meet at christ-church , to receive an answer to their petition concerning religion ; to every clause whereof his majesty answered in a parliamentary way . the petition , remedies , and the kings answer we give you intermixt , for the better understanding the answer to every respective clause distinctly . to the kings most excellent majesty . most gracious soveraign , it being infallibly true , that nothing can more establish the throne , and assure the peace and prosperity of the people , then the unity and sincerity of religion ; we your most humble and loyal subjects , the lords spiritual and temporal , and commons of this present parliament assembled , hold our selves bound in conscience and duty to represent the same to your sacred majesty , together with the dangerous consequences of the increase of popery in this land , and what we conceive to be the principal causes thereof , and what may be the remedies . the dangers appear in these particulars . i. in their desperate ends , being both the subversion of church and state ; and the restlesness of their spirits to attain these ends , the doctrine of their teachers and leaders perswading them that therein they do god good service . ii. their evident and strict dependencie upon such forein princes as no way affect the good of your majesty and this state. iii. the opening a way of popularity to the ambition of any who shall adventure to make himself head of so great a party . the principal cause of the increase of papists . i. the want of the due execution of laws against iesuites , seminary priests , and popish recusants ; occasioned partly by the connivencie o● the state , partly by defects in the laws themselves , and partly by the manifold acuse of officers . ii. the interposing of foreign princes by their ambassadors and agents , in favor of them . iii. their great concourse to the city , and frequent conferences and conventicles there . iv. the open and usual resort to the houses and chappels of forein ambassadors . v. the education of their children in seminaries and houses of their religion in foreign parts , which of late have been greatly multiplied and enlarged for entertaining of the english. vi. that in some places of your realm , your people be not sufficiently instructed in the knowledge of true religion . vii . the licentious printing and dispersing of popish and seditious books . viii . the imployment of men ill-affected in religion in places of government , who do , shall , or may countenance the popish party . the remedies against this outragious and dangerous disease , we conceive to be these ensuing . i. that the youth of this realm be carefully educated by able and religious schoolmasters , and they to be enjoined to catechise and instruct their scholars in the grounds and principles of true religion . and whereas by many complaints from divers parts of the kingdom it doth plainly appear , that sundry popish scholars dissembling their religion , have craftily crept in and obtained the places of teaching in divers counties , and thereby infected and perverted their scholars , and so fitted them to be transported to the popish seminaries beyond the seas ; that therefore there be great care in choice and admitting schoolmasters , and that the ordinaries make diligent enquiries of their demeanors , and procéed to the removing of such as shall be faulty or justly suspected . his majesties answer . this is well allowed of ; and for the better performance of what is desired , letters shall be written to the two archbishops , and from them letters to go to all the ordinaries of their several provinces to see this done ; the several ordinaries to give accompt of their doings herein to the archbishops respectively , and they to give accompt to his majesty of their proceedings herein . ii. that the antient discipline of the universities be restored , being the famous nurseries of literature and uertue . answ. this is approved by his majesty ; and the chancellor of each university shall be required to cause due execution of it . iii. that special care be taken to enlarge the word of god throughout all the parts of your majesties dominions , as being the most powerful means for planting of true religion , and rooting out of the contrary : to which end , among other things , let it please your majesty to advise your bishops , by fatherly intreaty and tender usage to reduce to the peaceable and orderly service of the church , such able ministers as have been formerly silenced , that there may be a profitable use of their ministry in these needful and dangerous times ; and that nonresidencie , pluralities and commendams may be moderated . where we cannot forbear most humbly to thank your majesty for diminishing the number of your own chaplains ; not doubting of the like princely care for the well-bestowing of the rest of your benefices , both to the comfort of the people , and the encouragement of the universities , being full of grave and able ministers unfurnished of livings . answ. this his majesty likes well , so as it be applied to such ministers as are peaceable , orderly , and conformable to the church-government . for pluralities and nonresidencies , they are now so moderated , that the archbishops affirm , there be now no dispensations for pluralities granted ; nor no man now is allowed above two benefices , and those not above thirty miles distant : and for avoiding non-residence , the canon in that case provided shall be duly put in execution . for commendams , they shall be sparingly granted , only in such case where the exility and smalness of the bishoprick requireth . also his majesty will cause that the benefices belonging to him shall be well bestowed . and for the better propagating of religion , his majesty recommendeth to the house of parliament , that care may be taken and provision made , that every parish shall allow a competent maintenance for an able minister ; and that the owners of parsonages impropriate would allow to the vicars , curates and ministers in villages and places belonging to their parsonage , sufficient stipend and allowance for preaching ministers . iv. that there may be strict provision against transporting of english children to the seminaries beyond the seas , and for the recalling of them who are already there placed , and for the punishment of such your subjects as are maintainers of those seminaries , or of the scholars ; considering , that besides the seducing of your people , great sums of money are yearly expended upon them , to the impoverishing of this kingdom . answ. the law in this case shall be put in execution : and further , there shall be letters written to the lord treasurer , and also to the lord admiral , that all the ports of this realm , and the creeks and members thereof be strictly kept , and strait searches made to this end : a proclamation shall be to recall both the children of noblemen , and the children of any other men , and they to return by a day ; also maintainers of seminaries or scholars there , shall be punished according to law. v. that no popish recusant be permitted to come within the court , unless your majesty be pleased to call him upon special occasion , agreeable to the statute of jac. and whereas your majesty for the preventing of apparent mischiefs both to your majesty and the state , hath in your princely wisdom taken order , that none of your natural born subjects not professing the true religion , and by law established , be admitted into the service of your royal consort the queen , we give your majesty most humble thanks , and desire that your order herein may be observed . answ. if his majesty shall find or be informed of any concourse of recusants to the court , the law shall be strictly followed : and his majesty is pleased , that by proclamation the british and the irish subjects shall be put in the same case . and as his majesty hath provided in his treaty with france , so his purpose is to keep it , that none of his subjects shall be admitted into his service , or into the service of his royal consort the queen , that are popish recusants . vi. that all the laws now standing in force against iesuites , seminary-priests , and others having taken orders by authority derived from the sea of rome , be put in due execution . and to the intent they may not pretend to be surprised , that a spéedy and certain day be prefixed by your majesties proclamation for their departure out of this realm , and all other your dominions , and not to return upon the severest penalties of the law now in force against them ; and that all your majesties subjects may be thereby admonished not to receive , comfort , entertain , or conceal any of them , upon the penalties which may be lawfully inflicted : and that all such papists , iesuites , and recusants , who are and shall be imprisoned for recusancie or any other cause , may be so strictly restrained , as that none shall have conference with them , thereby to avoid the contagion of their corrupt religion : and that no man who shall be suspected of popery , be suffered to be a kéeper of any of your majesties prisons . answ. the law in this case shall be put in execution , and a proclamation shall be to the effect desired ; and such restraint shall be made , as is desired ; and no man that is justly suspected of popery , shall be suffered to be keeper of any his majesties prisons . vii . that your majesty be pleased to take such order as to your princely wisdom shall be expedient , that no natural born subject , or strange bishops , nor any other by authority from the sea of rome , confer any ecclesiastical orders to exercise any ecclesiastical function whatsoever , toward or upon your majesties natural subjects within your dominions . answ. this is fit to be ordered according as is provided , and it shall be so published by proclamation . viii . that your majesties learned council may receive order and commandment to consider of all former grants of recusants lands , that such of them may be avoided as are made to the recusants use or interest , out of which the recusant receiveth any benefit , which are either void , or voidable by they law. answ. the king will give order to his learned council to consider of the grants , and will do according as is desired . ix . that your majesty will be likewise pleased strictly to command all your iudges and ministers of iustice , ecclesiastical and temporal , to sée the laws of this realm against popish recusants to be duly executed ; and namely , that the censure of excommunication be declared and certified against them ; and that they be not absolved but upon publick satisfaction by yielding to conformity . answ. his majesty leaves the lawes to their course , and will order in the point of excommunication as is desired . x. that your majesty will be pleased to remove from places of authority and government all such persons as are either popish recusants , or according to direction of former acts of state , to be justly suspected . answ. this his majesty thinks fit , and will give order for it . xi . that present order be taken for disarming all popish recusants , legally convicted , or justly suspected , according to the laws in that behalf , and the orders taken by his late majesties privy-council upon reason of state. answ. the laws and acts in this case shall be followed , and put in due execution . xii . that your majesty be also pleased in respect of the great resort of recusants , to and about london , to command forthwith upon pain of your indignation and severe execution of the laws , that they retire themselves to their several countries , there to remain confined within five miles of their places . answ. for this the laws in force shall be forthwith executed . xiii . and whereas your majesty hath strictly commanded and taken order , that none of the natural born subjects repair to the hearing of masses , or other superstitious service at the chappels or houses of foreign ambassadors , or in any other places whatsoever ; we give your majesty most humble thanks , and desire , that your order and commandment therein may be continued and observed , and that the offenders herein may be punished according to the laws . answ. the king gives assent thereto , and will see that observed which herein hath been commanded by him . xiv . that all such insolencies , as any that are popishly affected have lately committed , or shall hereafter commit to the dishonor of our religion , or to the wrong of the true professors thereof , be exemplarily punished . answ. this shall be done as is desired . xv. that the statute of eliz. for the payment of twelve-pence every sunday by such as shall be absent from divine service in the church without a lawfull excuse , may be put in due execution , the rather for that the penalty by law is given to the poor , and therefore not to be dispenced withal . answ. it is fit that this statute be executed , and the penalties shall not be dispenced withal . xvi . lastly , that your majesty would be pleased to extend your princely care also over the kingdom of ireland , that the like courses may be there taken for the restoring and establishing of true religion . answ. his majesties cares are , and shall be extended over the kingdom of ireland ; and he will do all that a religious king should do for the restoring and establishing of true religion there . and thus ( most gracious soveraign ) according to our duty and zeal to god and religion , to your majesty and your safety , to the church and common-wealth , and their peace and prosperity , we have made a faithfull declaration of the present estate , the causes and remedies of this increasing disease of popery ; humbly offering the same to your princely care and wisdom . the answer of your majesties father , our late soveraign of famous memory , upon the like petition , did give us great comfort of reformation ; but your majesties most gracious promises made in that kinde , do give us confidence and assurance of the continual performance thereof . in which comfort and confidence reposing our selves , we most humbly pray for your majesties long continuance in all princely felicity . the petition and answer being read , it was further intimated to the commons , that as his majesty took well their minding him of the care of religion , so he would have done and granted the same things , though they had never petitioned him ; neither doth he place his answer to this petition , as a wheel to draw on other affairs and designs , but he leaves them to move in their own sphere ; and what he hath done in this particular comes from these two fountains , conscience , and duty to his father , who in his last speech recommended unto him the person , but not the religion of his queen . at the same time the duke signified to both houses , that by the kings command , he was to give an account of the fleet , and the preparations thereof ; and said , that the first and last time he had the happiness to speak in that auditory , it was of the spanish treaty , and then he was so happy , as to be honored and applauded by both houses of parliament ; and he made no question , but speaking now with the same heart , he should be no less acceptable to them . and he made this request to the house of commons , to believe , that if any hath spoken , or shall speak in discharge of his conscience , his zeal of reformation , any thing which may seem to reflect upon some particular persons , he shall be the last man that will apply this to himself , because he is confidently assured of two things : first , that they are just not to fall upon him without cause ; and secondly , that himself shall do nothing that unbecomes a faithfull englishman . and for the method of his ensuing ▪ discourse , he chose rather to speak by way of objection and answer , then in one continued speech , as a speedier means to give the commons satisfaction . object . . by what counsel those designs and actions of war were carried and enterprised ? answ. by the counsel of the parliament appointed according to the act of both houses , the . of march . by those counsels his majesty was guided , and applied himself accordingly for the defence of the realm , the securing of ireland , the assisting of our neighbors and others our friends and allies , and for the setting forth the navy-royal . his majesty looking into his purse , saw enough to do all the former actions , but not this latter : for when he came to consider of the navy , there was neither money nor preparations ; yet looking upon the affairs of christendom , he found that of most necessity : hereupon his majesty of famous memory did him ( viz. the duke ) the honor , as to write from newmarket to him at london a letter to this effect ; that looking into the affairs of christendom , he found it necessary , that a royal-fleet shou●d be prepared and set in readiness , but that he had no money ; wherefore himself ( meaning the duke ) and his friends must begin to lay it out , and no doubt but others would follow ; and by this means the king might lie the longer concealed and undiscovered in the enterprise , as bearing the name of the subject onely , and other princes in hope to draw him on , would sooner come to the business . upon this letter , the duke said , he leaped into the action with all alacrity , and having received all he had from his majesty , was most desirous , and held it a happiness to pour it out upon his service and occasions , and had laid out of his own purse four and forty thousands pounds ; and the treasurer of the navy , at his request , had laid out fifty thousand pounds ; that he entred not into this business upon his own head , but fortified with the advice and counsel of those worthy persons , the lord conway , the lord chichester , lord grandison , lord carew , sir robert mansel , and sir iohn cook. their last consultation was of the war , next of the means ; but both one and the other was justified by more then himself ; he never did any thing but by them ; he either repairing unto them , or else they did him the honor to resort to his chamber ; afterward the business , with the kings leave , was imparted to all the lords of the council , and the account was made unto them , and allowed by them , who said there openly , his majesty being present , that if this were put in execution , it would do well , and gave some attribute unto it . and sir iohn cook justified the shewing and the approving of these accounts at the council table ; the accounts consisted of long particulars of souldiers to be levied , mariners to be pressed , forwarding of ships and provisions , and that nothing wanted but money . he proceeded yet further , and shewed , that he was so religious to guide these great affairs by council , as that at his journey into france , which fell out about this time , he desired his majesty to recommend the business to a select council , which his majesty did , who in his absence took care of the same . object . . why did not his majesty declare the enemy presently upon granting those three susidies ? answ. his majesty considered the state of christendom at that season , and found it full of danger to declare the enemy for three reasons : first , because the great enemy would be more prepared ; secondly , spain being the enemy , our merchants goods would be imbarged which are now drawing home ; thirdly , our friends finding us so long unprepared after our declaration , would never believe any reality in our intentions . object . . whether a considerable sum of money be yet required ? answ. forty thousand pounds is yet necessary , but our master is exhausted , his treasure anticipated , his lands pawned , his plate offered to be pawned , but not accepted , and yet his majesty must be maintained . object . . why was not this want of money foreseen , but now onely thought upon unexpectedly , and dangerously considering the sickness ? answ. it was foreseen before , but interrupted by unfortunate accidents ; the death of the late king ; the funeral , which for decency could follow no sooner ; the journey into france , and the marriage , which procured more delay then was expected , but necessary . at the opening of the parliament his majesty did declare this necessity , and told the house plainly , that this sitting must not be for counsel , but resolution ; and when he understood the grant of two subsidies , he conceived that money to be a matter of custom to welcom him to the crown . object . . who gave counsel to his majesty so suddenly when the sickness was so dangerously spread , to convene this parliamant ? answ. his majesty commanded him ( the duke ) to say , that it was the business it self that gave this counsel , and the necessity of it , else his majesty would not have hazarded the two houses nor the rest of the kingdom , if he had been able any way without the parliaments supply to set out the navy . object . . is not the time of the year too far spent for the navy to go forth ? answ. the king answered this formerly , better half the navy perish then the going thereof should be stayed ; it would argue such want of counsel , courage and experience in the design , such beggerliness in being not able to go through with it , that it may not be diverted , the season of the year suiting with the design , as could be demonstrated , if the design might not be published thereby . object . . whether those eight ships lent to the french king , which were imployed against the rochellers , were not paid with the subsidy-money ? answ. those eight ships were imployed at the charge of the french king : secondly , it is not alway fit for kings to give account of their counsels ; judge the thing by the event . object . . whether the duke , having been our servant to break the match with spain , made not a worse match with france ; and upon harsher terms ? answ. i hope the contrary will appear by the answer to your petition . object . . did not the duke serve us in breaking the two treaties with spain , out of spleen and malice to conde olivares ? answ. there was no cause to hate olivares , who was the means to make him happy ; for out of his hands came those papers by which the duke gained the love of this nation , which before thought not so well of him ; he was not vindicative in his nature ; he can forgive those which had no such natural respect to their country , as olivares had ; neither doth the duke love that any man should be an instrument by ill means to do a good action , as olivares intended to serve his master and kingdom by indirect means ; and he could make a proof , that he was not vindicative , he can forgive one of our own nation that concurred with olivares , but he was minded to leave that business asleep , which if it should awake , would prove a lion to devour him , who ( as he said ) he meant one of our * nation , who cooperated with olivares . object . . it will be objected , that hitherto the duke speaketh of immcense charges , which the kingdom is not able to bear ; as to assist the king of denmark with thirty thousand pounds per moneth , count mansfield with twenty thousand pounds per moneth , the low-countries with eight thousand pounds per moneth , and two thousand six hundred pounds per moneth for ireland ? answ. make the king chief of the war by a diversion , and he will give a greater advantage to all his allies , then by allowing of them fifty thousand pounds , nay , a hundred thousand pounds per moneth . what is it for his allies to scratch with the king of spain , to take a town to day , and lose it to morrow ? for it is almost impossible to hope for a conquest in this kinde , the king of spain being so able by land ; but let the king our soveraign be master of the wars elsewhere , and make a diversion , and let the enemy be compelled to spend his money and men in other places , and our allies in those parts will be suddenly and perceivedly strengthened and enabled ; and by this kinde of war you send no coyn out of the land , you issue nothing but beef , mutton , and powder , and the kingdom is not impoverished , but may make good returns . object . . but where is the enemy ? answ. make the fleet ready to go out , and the king bids you name the enemy your selves ; put the sword into his majesties hands , and he will improve it to your honor , and the good of religion ; as you issue nothing that is loss , so you will bring home something that is gain , and henceforward maintain the war by the perquisites thereof ; make but once an entrance , it may afterwards be maintained with profit ; when the enemy is declared , you may have letters of mart , none shall be denied : i have not been so idle , but i shall make propositions of advantage , whither your selves may go , and shall have the honey of the business . august . . after the commons returned from the house of lords , they made report of this business unto the house , which occasioned variety of opinions : some were for giving the king present supply , who had made so gracious an answer to the petition for religion , and given direction that the same should be inrolled , pressing further , that this supply was not for the kings own particular wants , but for the honor and defence of the kingdom , and that it might prove dangerous not to comply with the king in a modest and just desire . others were of a contrary minde , and said , it was requisite to present to his majesty the means how he may live glorious at home , and how he may be feared abroad , by having his designs better mannaged , and an enemy declared : then may spurs be added to the sea-horse , and the king of spain infested at a lesser charge , and we better secured from papists at home , whose hearts are knit with the spaniard , and whose estates may liberally contribute to the war ; and the great sums given for honors and offices , would go far in setting forth a fleet at sea , and the subject not be always importuned for supply . but the further debate of this business was put off till the next day being wednesday the tenth of august . the next day the king sends a message to the commons , wherein he takes notice , that the house intended to enter into consideration of divers heads concerning the king and the common-wealth , that he was pleased with their good intentions , but desired them to consider his affairs , which require a speedy dispatch ; the season of the year was far spent , yet the time not unseasonable for the design ; that if the plague should happen in the navy , the action would be lost ; that if any of the house should be touched with the sickness , much inconvenience would ensue by an abrupt breaking up ; therefore desires a present answer about supply ; if not , he will take more care of the commons then they will of themselves , and will make as good a shift for himself , as he can , to go through with this present occasion , and offereth that the parliament shall meet again in winter , at what time they please , upon his royal word , and hold together till they have perfected all things for the good of the common-wealth and the king , which are now in conception ; and desires them to consider it was the first request that ever he made unto them . hereupon some earnestly pressed the giving of two subsidies , and two fifteens , his majesties honor , and the necessity of his affairs requiring it , as it appeared out of considerations already frequently represented . others replied , that necessity is a dangerous counsellor , and is a continual argument of supplies in all parliaments ; that those counsellors who have put the king and kingdom into such a necessity and hazard , ought to answer for it , whosoever they be ; that if the state of things will not admit a redress of grievances , surely there is not so much necessity for money ; to give subsidy upon subsidy in one parliament is not usual ; in the eighteenth year of henry the third , there was one punished for pressing of more subsidies , when subsidies had been granted before in that parliament . in the end it was proposed , that a report be made to the king , that they have regard to his honor , necessity and safety , and the safety of the kingdom , and that they will assist his majesty in any honorable action , grounded upon sound councils ; and that something be drawn up in writing to that purpose ; accordingly the house agreed upon a short declaration , which was assented unto without a negative . we the knights cittzens and burgesses of the commons house of parliament , being the representative body of the whole commons of this realm , abundantly comforted in his majesties late gracious answer touching religion , and his message for the care of our health , do solemnly protest and vow before god and the world , with one heart and voice , that we are all resolved , and do hereby declare , that we will ever continue most loyal and obedient subjects to our most gracious soveraign lord king charles ; and that we will be ready in convenient time , and in a parliamentary way freely and dutifully to do our utmost endeavors , to discover and reform the abuses and grievances of the realm and state , and in like sort of afford all necessary supply to his most excellent majesty , upon his present , and all other his just occasions and designs ; most humbly beseeching our said dear and dread soveraign in his princely wisdom and goodness , to rest assured of the true and hearty affections of his poor commons , and to esteem the same to be ( as we conceive it is indeed ) the greatest worldly reputation and security that a just king can have ; and to accompt all such as slanderers of the peoples affections , and enemies to the common-wealth , that shall dare to say the contrary . this declaration was sent to the king by such of the privy-council as were members of the house . notwithstanding , the king perceiving the house resolved against supply , without redress of grievances , and in their debates to reflect upon some great persons near unto him ; the th of august sent to the house of peers a commission , directed to several lords , for the dissolution of the parliament ; whereupon the gentleman-usher was commanded to signifie to the speaker of the house of commons , that the lords had received his majesties commission , which was read unto both houses ; whereupon the commons with their speaker went up presently to the lords , heard the commission read , and the parliament declared to be dissolved . at this parliament begun and holden by prorogation at westminster the th day of iune , anno regis caroli primo , . these acts were passed . . an act for the punishing of divers abuses committed on the lords-day , commonly called sunday . . an act to enable the king to make leases of lands , parcel of the dutchy of cornwal . . an act for the ease of obtaining licenses of alienation , and in the pleading of alienations with licence , or of pardons of alienations without licence in the court of exchequer or elsewhere . . an act to restrain tipling in inns and ale-houses . . an act for the subsidy of the clergy . . an act for the two subsidies of the temporalty . . an act that this session of parliament shall not determine by his majesties assent to this and some other acts. . an act to confirm an agreement between the king and the copy-holders of macclesfield , in com. cestr. &c. . an act for he settlement of an agreement of the tenants of chelvenham , and ashby , alias charleton , between the king and sir giles grival knight . the parliament being dissolved , the king followed his design of war , and resolved that the fleet should speedily put out to sea ; he also entered into a league with the united-provinces , against the emper or and king of spain , for restoring the liberties of germany ; the states by their ambassadors sought this union , and the duke of buckingham , with the earl of holland were sent to the hague to conclude the same , as also to comfort the kings distressed sister with hopes of a restitution . soon after his majesty issued forth a proclamation , whereby he commanded the return , within limitted time , of all such children of noblemen , and others his natural subjects , who were now breeding up in schools and seminaries , and other houses of the popish religion beyond the seas : that their parents , tutors , and governors take present order to recal them home , and to provide that they return by the day prefixt , at the utmost severity of his majesties justice ; and he commanded further , that no bishop , priest , or any other person having taken orders under any authority derived from the sea of rome , do presume to confer ecclesiastical orders , or exercise ecclesiastical function or jurisdiction towards any of his natural subjects in any of his dominions ; and that all statutes in force be put in due execution against jesuites , seminaries , and others in popish orders , prefixing a day for their departure out of his dominions , not to return again upon the severest penalties of the law. in the time of the late king , very many of the natural subjects of these dominions had by publick permission betaken themselves to the service of the emperor , the king of spain , and archdutchess of the low-countries , and by this means they fought against others of their country-men that were imployed by the states of the united-provinces , and on the behalf of the exiled palatine : but now the king foreseeing how improper and unnatural it were , that his own natural subjects should upon any occasion or accident draw their swords one against the other , or any of them against their own soveraign , did by advice of his privy-council straitly command all those his subjects who were under the pay of the emperor , the king of spain or archdutchess , speedily to return to their native countries , where they should be received and imployed , as occasion served , according to their several qualities . the dissolution of the parliament preventing the act of subsidies , the king drew supplies from the people by borrowing of persons able to lend , such competent sums of money as might discharge the present occasions ; accordingly he directed letters of the following tenor to the lords-lieutenants of the counties . right trusty and welbeloved , &c. it hath been so usual a thing for kings and princes of this realm to make use of their subjects good affections , by borrowing some such competent sums of money of persons able to lend , as might supply those present occasions for publick service , which cannot attend that length of time wherein it can be raised by contribution by the generality of our sujects : as we have not onely present occasion to make the like trial , by borrowing from some private gentlemen and others , but also of your sincerity and endeavors in furtherance of the service ; that is to say , in taking some course either out of your own knowledg and experience , or by any other means or instruments which you like best , to make collection of as many persons names within the county wherein you are lieutenant , as may be of ability to furnish us with several sums at this time ; and therefore to return in a book , both the names of the persons , their dwellings , and what sums you think they may spare ; that we may thereupon direct our privy-seals unto them , according to the form of this inclosed . and for your further instruction in this case , on whose trust we do so much repose , we wish you to advise herein with your deputy lieutenant , as those from whom we have special cause to promise our selves all good offices of duty and affection : to which we must add thus much further , that we do not intend at this time to deal with any nobleman ; neither are you to deal with any of the clergy ; because we have reserved that direction to the metropolitans of the several provinces , to proceed onely with some special persons that are known to be men of wealth and ability , and not meerly subsisting upon those livings , which in most places are far inferior to that maintenance we could wish them . by which course and consideration of ours , though you may perceive how much we desire to procure this loan without inconvenience to any , which is only intended for the service of the publique , yet must we assure you , that we had no greater cause at any time then now to make use of your integrity and industry in respect of your election of the lenders , and of your constant demonstration both of diligence and affection to the service . having now delivered unto you as much as for the present can be expected from us , we will refer you for any further direction unto our privy-council , as hereafter occasion shall require : to whom our pleasure is , you do return your certificates in manner and form as is aforesaid , at the most within twenty days after the receipts of these our letters . given at , &c. the comptroller of the kings houshold , by the councils order , issued forth letters in the kings name under the privy-seal to the several persons returned for the loan of money , in form as followeth . trusty and welbeloved , &c. having observed in the presidents and customs of former times , that all the kings and queens of this realm upon extraordinary occasions have used either to resort to those contributions which arise from the generality of subjects , or to the private helps of some well-affected in particular by way of loan : in the former of which courses , as we have no doubt of the love and affection of our people when they shall again assemble in parliament , so for the present we are enforced to proceed in the latter course , for supply of some portions of treasure for divers publick services , which without manifold inconveniences to us and our kingdoms cannot be deferred . and therefore this being the first time that we have required any thing in this kind , we doubt not but we shall receive such a testimony of your good affection from you ( amongst other of our subjects ) and that with such alacrity and readiness , as may make the same so much the more acceptable , especially seeing we require but that sum which few men would deny a friend , and have a mind resolved to expose all our earthly fortune for preservation of the general . the sum which we require of you by these presents , is — which we do promise in the name of us , our heirs and successors , to repay to you or your assigns within eighteen moneths after the paiment thereof unto the collector . the person whom we have appointed to collect it , is to whose hands we do require you to send it within twelve days after you have received this privy-seal ; which together with the collectors acquittance shall be sufficient warrant unto the officers of our receipt for the repaiment thereof at the time limited . given at , &c. the collectors of this loan were appointed to pay into the exchequer the sums received , and to return the names of such as discovered a disposition to delay or excuse the paiment of the sums imposed . amidst the preparations for war with spain , the privy-council issued out warrants for the disarming of popish recusants , grounding their order upon the petition of the late parliament . his majesty and we of his council having received information from so many several parts , of the bold and impudent spéeches used by many romish catholicks of this realm , declaring how much they are offended with the gracious satisfaction given by his majesty to the lords and commons in parliament in the points concerning the conservation of true religion , as it is at this day by authority preached in the church of england ; and having just cause to doubt , that many violent papists , through the instigation of iesuited priests , may be inclined to take part with such as we well understand at this time practise with the kings subjects to raise stirs and tumults , which they do not only foment by perswasions and instigations , but with promise of assistance and seconding them with arms , their pretext being religion , but their ends conquest , pushed thereunto by an unlimited ambition to a general monarchy , of which we have too large and clear proof : and although we do not misjudge and condemn all his majesties subjects romish catholicks , but believe that many of them will imploy their arms and lives in his service ; yet because we are not able to distinguish betwéen the well and worse-affected , we have seconded with one advice his majesties princely inclination , following the example of his wi●e predecessors of happy memory and government , to take out of the possession of all romish recusants convicted or justly suspected , according to the acts of state heretofore expressed , all such martial ammunitions , arms and weapons as shall be found in their houses , or discovered to be in the houses of any other persons belonging by right to any of the said romish recusants ; but so that the said arms be only taken to be safely kept , and the property to be reserved to the owners , according to the former presidents in like cases . this design proceeded , and the council directed their letters to these lords recusants , viz. the marquis of winchester and the lord st. john his son , lord viscount mountague , lord viscount colchester , lord peter , the earl of castlehaven , lord morley , lord vaux , lord eures , lord arundel of warder , lord tenham , lord herbert , lord windsor ; requiring them to render their arms and furniture thereunto belonging , together with all their habiliments of war , to be removed into places convenient , and to remain there till the king shall determine otherwise . moreover the privy-council having received information from the lords-lieutenants in divers parts of the kingdom , that there was great and unaccustomed resort to the houses of papists , and that other courses justly to be suspected were held among them , authorised the lords-lieutenants to examine the truth and reason of such assemblies and entertainment , and of the conveyance and intercourse of letters ; as also to enquire and search if there were any preparation of men or arms , or practice of arms , or endeavors of alteration among persons discontented with the present government . in the mean time the fleet was ready , and ten brave regiments were designed for this expedition . the duke not going in person , sir edward cecil was created lord viscount wimbleton , and made commander in chief . in the choice of the officers for this service , sir robert mansel an experienced sea-commander was neglected , which much disgusted the mariners . the common censure that passed both upon the duke and this enterprise , may be known by the lord cromwels free language to the duke in this letter . they offer to lay wagers , the fleet goes not this year ; and that of necessity shortly a parliament must be , which when it comes , sure it will much discontent you . it is wondred at , that since the king did give such great gifts to the duchess of chevereux , and those that then went , how now a small sum in the parliament should be called for at such an unseasonable time : and let the parliament sit when it will , begin they will where they ended . they say , the lords of the council knew nothing of count mansfield's iourney , or this fleet ; which discontents even the best sort , if not all . they say , it is a very great burden your grace takes upon you , since none knows any thing but you : it is conceived , that not letting others bear part of the burden you now bear , it may ruine you , ( which heaven forbid . ) much discourse there is of your lordship here and there , as i passed home and back ; and nothing is more wondred at , then that one grave man is not known to have your ear , except my good and noble lord conway . all men say , if you go not with the fleet , you will suffer in it : because if it prosper , it will be thought no act of yours ; and if it succeed ill , they say it might have been better , had not you guided the king. they say , your undertakings in the kingdom will much prejudice your grace : and if god bless you not with goodness as to accept kindly what in duty and love i here offer , questionless my freedom in letting you know the discourse of the world , may much prejudice me . but if i must lose your favor , i had rather lose it for striving to do you good in letting you know the talk of the wicked world , then for any thing else ; so much i heartily desire your prosperity , and to see you trample the ignorant multitude under foot . all i have said is the discourse of the world ; and when i am able to judge of actions , i will freely tell your lordship my mind : which when it shall not always incline to serve you , may all noble thoughts forsake me . but whilst the english fleet was preparing for this voyage , great reports were given out , that the spaniard would land forces upon the coast of essex . wherefore the earl of warwick was commanded with three thousand of the trained bands of essex to secure the port of harwich , and langer-point ; which service he performed with much readiness : but upon the blocking up of dunkirk with ships belonging to the english and to the states of the united provinces , his lordship was ordered to dismiss his men . presently after , advertisements came to the council , that both the english and dutch ships designed to block up dunkirk , whilst our fleet was gone to spain , were dispersed by a sudden storm ; and that two and twenty ships of dunkirk , men of war , having four thousand land-soldiers , were at liberty to rove up and down and do mischief at sea. hereupon the council by their letters to the lords lieutenants of the counties upon the seacoasts , required that the trained-bands be in readiness with compleat armor and other furniture , to march upon all alarms to what place soever the necessary defence thereof shall require . also upon intelligence , that these two and twenty dunkirkers intended to land their four thousand men in ireland , in case their design failed as to england ; letters were expedited to the lord deputy of ireland to guard those sea-coasts ; for that it were alike mischievous , if they should land in either kingdom . in the beginning of october , the fleet consisting of eighty ships great and small , the anne-royal a ship of twelve hundred tun being admiral , put forth from plimouth for the coasts of spain , with these regiments aboard the fleet , according as we find it mentioned in an old list , viz. the duke of buckingham's , the lord wimbleton's , sir william st. leger's ( serjeant-major-general ) and colonel burrough's regiments were shipped in the admirals squadron , which carried seamen , and land-soldiers . the lord valentia's regiment , the earl of essex's , and colonel harwood's — — were shipped in the vice-admirals squadron , carrying seamen , and land-soldiers . the earl of essex was vice-admiral , and commanded this squadron . sir charls rich his regiment , sir edward conway's , and colonel regiments were shipped in the rear-admirals squadron , carrying mariners , soldiers . the fleet , after four days sail , was encountred with a furious storm , which so dissipated the ships , that of fourscore no less then fifty were missing for seven days . afterwards they all came together upon the coasts of spain , where they found a conquest ready , the spanish shipping in the bay of cadez , the taking whereof was granted feasible and easie , and would have satisfied the voyage both in point of honor and profit : this was either neglected , or attempted preposterously . then the army landed , and sir iohn burroughs took a fort from the spaniard ; but the soldiers finding good store of spanish wines , abused themselves , and hazarded the ruine of all , ( had the enemy known in what condition they were ) notwithstanding all commands to the contrary . so they were presently shipp'd again ; and the general putting to sea , intended to wait about twenty days for the plate-fleet , which was daily expected from the west-indies : but the evil condition of his men , by reason of a general contagion , enforced him to abandon the hopes of this great prize . so the english having effected nothing , returned home with dishonor in november following . it gave no small occasion of clamor , that a fleet so well provided and manned should land their men in an enemies country , and return without some honorable action . but where the fault lay , hath not been yet adjudged , neither was any ever punished for failing in that duty . the general for some time was not admitted into the kings presence , and some of the colonels of his army accused him , and some seamen aggravated the accusation : the general was examined before the council , and laid the fault on others in the fleet , who let the king of spain's ships pass without fighting them according to order : they on the other hand said , they had no order from their general to fight . thus was there fending and proving , which contributed little to salve the dishonor which the nation sustained by this unprofitable and ill-managed design . upon the fleets return to plimouth in december , and consideration of the present use of the soldiers therein imployed , a proclamation issued forth to command that no soldiers of the fleet should depart from their colours , or be discharged of their service , till the king shall signifie his pleasure , how and when he will use their further service . so the forces that returned from cades were kept on foot , and dispersed into several parts of the kingdom . there was also a strict commandment , that no subject of this realm of england shall have intercourse of trade with any of the dominions of the king of spain , or the arch-dutches of flanders , upon pain of confiscation both of ships and goods that shall be found upon voyage of trade into any of the said dominions . moreover , in regard of the subjects apparent danger , and the encouragement of the enemies of this state , by putting ships to sea , being weakly manned and ill furnished , the king ordained that none should set forth any ship or pinnace of the burthen of threescore tuns or upwards , unless they furnish the same with serviceable muskets and bandaliers , sufficient for the arming of half the number of persons that sail therein , together with a quantity of ammunition answerable to the length of their intended voyage . furthermore , for the instructing and exercising of the trained-bands , as well officers as soldiers , by men experienced in military exercises , the king gave commandment , that divers low-countrey soldiers should be assigned to the several counties , and that the trained-bands should be ready at the times appointed , for their direction in their postures and use of arms. the plague still continuing in london and westminster , and the places near adjoyning , the king to prevent a general infection , had adjourned a part of michaelmas term from the utas thereof , to the fourth return , and afterwards to the fifth , and then the residue of the term from the city of westminster ; as also the receipt of the revenue from richmond to the town of reading in berkshire . in which term , a commission issued forth under the great seal , for executing the laws against recusants , according to the petition of the late parliament , which was read in all the courts of judicature at reading : which commission , together with pricking of sir edward cook , and certain other gentlemen , sheriffs , who had appeared the last parliament against the duke , and being sheriffs , could not be chosen parliament-men , gave occasion of discourse , and hopes of a new parliament . at hampton court in december following , this ensuing order was made . whereas four articles concerning the oath used to be taken by the high sheriffs of counties , were this day presented unto the board , unto which articles sir edward cook knight , at this present high sheriff of the county of bucks , did upon tender of the oath unto him , take exceptions , and sent his exceptions and the reasons thereof in writing to mr. attorny general , who by direction of the board , did attend all the iudges of england , to receive their advice thereupon ; and the said iudges having advised thereof , did with one unanimous consent resolve and so report to the lord keeper , that they found no cause to alter the said oath , but onely in one of the said articles hereafter mentioned . it is thereupon this day ordered by their lordships , according to the unanimous advice of all the iudges of england , and his majesties pleasure signified therein , that the first article propounded , viz. [ you shall do all your pain and diligence to destroy and make to cease , all manner of heresies and errors , commonly called lollaries , within in your bayliwick from time to time , to all your power , and assist and be helping to all ordinaries and commissioners of the holy church , and favor and maintain them as oftentimes as you shall be required ] shall be left out in the oath to be given to sir edward cook , and shall ever hereafter be left out in all oaths to be given to the high sheriffs of counties hereafter . and their lordships do likewise order , according to the unanimous advice of all the iudges of england , that the other thrée articles doubted of , shall stand in the said oath to be ministred to the said sir edward cook , and to all other high sheriffs , as heretofore hath béen accustomed ; and that the lord keeper do ▪ give order to such officers and clerks in the court of chancery , to whom it appertained , to make out the oath for the time to come according to present order . the expectation of a parliament , gave encouragement to the bishop of lincoln ( who yet retained the name of lord keeper , notwithstanding his sequestration several moneths before from the presence of the king , the council table , and the custody of the seal ) to make an address to his majesty for a favorable interpretation of his actions : but his carriage towards the duke at the parliament at oxford was fresh in memory , where the bishop told the duke in christ-church , upon the dukes rebuking him , for siding against him , that he was engaged with william earl of pembroke , to labor the redress of the peoples grievances , and was resolved to stand upon his own legs . if that be your resolution ( said the duke ) look you stand fast , and so they parted ; and shortly after that he was sequestred , though the seal was not disposed from him till the thirtieth of october ; at which time it was given to sir thomas coventry at hampton-court , who was that day sworn of the privy council , and sate there and sealed some writs , and afterwards came to the term at reading , and sate there as lord keeper and heard causes . the king being pressed with his own necessities , and the cry of the nation against the fruitless voyage of cadiz , summoned a parliament to meet in february ; and before the time of meeting , his majesty enjoyned the archbishops and bishops in both provinces , to proceed against popish recusants by excommunication , and other censures of the church , and not to omit any lawful means of bringing them to publick justice ; especially he recommended to their vigilant care , the unmasking and repressing of those who were not professed papists , yet disaffected to the true religion , and kept close their evil and dangerous affection , and by secret means and slights , did encourage and advance the growth of popery . this command was seconded by a proclamation , requiring , that all convicted papists should according to the laws of this realm , remain confined to their dwelling places , or within five miles thereof , unless upon special licences first obtained in cases necessary . immediately before the parliament , bishop laud procured the duke of buckingham to sound the king concerning the cause , books , and tenets of mr. richard montague ; and understanding by what the duke collected , that the king had determined within himself to leave him to a tryal in parliament , he said , i seem to see a cloud arising and threatning the church of england , god for his mercy dissipate it . about the same time , the king declared his purpose to celebrate the solemnity of his coronation on candlemas-day at the palace of westminster ; and required all persons , who by reason of their offices and tenures , were bound to perform any duties at the solemnitie , to give their attendance , and to be furnished in all respects answerable to an action of so high state according to their places and dignities . wherefore by a commission under the great seal of england , sir thomas coventry lord keeper of the great seal , iames lord say high treasurer of england , edward earl of worcester keeper of the privy seal , thomas earl of arundel and surrey earl marshal of england , william earl of pembroke lord high chamberlain , edward earl of dorset , and sir randol crew cheif justice of the common pleas , were authorised to receive and determine the claims exhibited by any person concerning services to be performed at the approaching coronation . and the more to credit the solemnity , the king resolving to make certain of his servants and other subjects , in regard of their birth , good service , and other qualities , knights of the bath , authorised thomas earl of arundel and surrey , and earl marshal of england , william earl of pembroke lord chamberlain , to perform in his majesties name and behalf , all the rites and ceremonies belonging thereto . at the same time writs were directed to all sheriffs in the realm of england , and dominions of wales , commanding them to make proclamation , that all such as had forty pounds a year or more , of lands or revenues in their own hands , or the hands of feoffees , for their use for the space of three years , and are not yet knights , do at their perils prepare to present themselves in his majesties presence by the one and thirtieth of ianuary , to receive the order of knighthood . upon the asswaging of the great pestilence , through the mercy and goodness of god in withdrawing and almost removing the scourge , the king by his royal authority , ordained a publick and general thanksgiving to be celebrated upon the nine and twentieth of ianuary , being the lords day , in the cities of london and westminster , and the places adjacent ; and on the nineteenth of february in all other places of the kingdom ; the manner and form whereof , was prescribed by a book composed by the bishops according to his majesties special direction . the contagion ceasing , the restraint enjoyned to the citizens of london from resorting to fairs for a time , was taken off . the number of those that died this year within and without the walls of the city of london , and in the liberties and nine out parishes , from the sixteenth of december . to the fifteenth of december . was in total fifty four thousand two hundred sixty and five , whereof of the plague thirty five thousand four hundred and seventeen . on candlemas-day king charls was crowned ; bishop laud had the cheif hand in compiling the form of the coronation , and had the honor to perform this solemnity , instead of the late lord keeper williams , who ( through the kings disfavor ) was sequestred from this service , which belonged to his place as he was dean of westminster . mr. iohn cosens ( as master of the ecclesiastical ceremonies ) kneeled behinde the bishop when the prayers were read , and directed the quire when to answer . the ceremony in going to , and all the coronation , was briefly thus . the king went that day from westminster-hall to the abbey church , attended by the aldermen of london , eighty knights of the bath in their robes , the kings serjeants at law , solicitor and attorney generals , the judges , barons , bishops , viscounts , and such of the earls ( who bore no particular office that day ) in their parliament robes , going two by two before the king all uncovered ; and after them followed his officers of state ( being eight earls and one marquess ) those persons according to their respective places and offices carried the swords , the globe , the scepter , the crown ; and the lord major of london carried the short scepter ; two bishops carried , the one the golden cup , and the other the plate for the communion . next before his majesty went the earl of arundel as earl-marshal of england , and the duke of buckingham as lord high-constable of england for that day . the king being cloathed in white sattin , went under a rich canopy , supported by the barons of the cinque ports , the king having on each hand a bishop , and his train of purple-velvet was carried up by the master of the robes , and the master of the wardrobe . at the entring into the church , bishop laud delivered into the kings hands the staff of king edward the confessor , with which the king walked up to the throne ; then the archbishop of canterbury presented his majesty to the lords and commons there present , east , west , north , and south , who gave their consent to his coronation , as their lawful soveraign . after sermon was done , the king went to the altar ( where the old crucifix amongst other regalia stood ; as also the ointment consecrated by a bishop ) to take the coronation oath , which ( as is said ) was performed in this manner , viz. sis ( says the archbishop ) will you grant and kéep , and by your oath confirm to the people of england , the laws and customs to them granted by the kings of england , your lawful and religious predecessors , and namely the laws , customs , and franchises , granted to the clergy by the glorious king st. edward your predecessor , according to the laws of god , the true profession of the gospel established in this kingdom , agréeable to the prerogative of the kings thereof , and the antient customs of the realm ? i grant and promise to keep them . sir , will you kéep peace and godly agréement ( according to your power ) both to god , the holy church , the clergy and the people ? i will keep it . sir , will you ( to your power ) cause law , justice , and discretion to mercy and truth , to be executed to your judgment ? i will. sir , will you grant to hold and kéep the laws and rightful customs which the communalty of this your kingdom have ; and will you defend and uphold them to the honor of god , so much as in you lyeth ? i grant and promise so to do . then one of the bishops read this passage to the king. our lord and king , we beseech you to pardon , and to grant , and to preserve unto us , and to the churches committed to your charge , all canonical priviledges , and do law and iustice ; and that you would protect and defend us , as every good king to his kingdoms ought to be protector and defender of the bishops , and the churches under their government . the king answereth . with a willing and devout heart i promise , and grant my pardon ; and that i will preserve and maintain to you , and the churches committed to your charge , all canonical priviledges , and due law and justice ; and that i will be your protector and defender to my power , by the assistance of god , as every good king in his kingdom in right ought to protect and defend the bishops and churches under their government . then the king arose and was lead to the communion table , where he takes a solemn oath in sight of all the people , to observe all the premisses , and laying his hand upon the bible , said , the things which i have here promised , i shall perform and keep . so help me god , and the contents of this book . after the oath , the king was placed in the chair of coronation , and was anointed by the archbishop with a costly ointment , and the antient robes of king edward the confessor was put upon him , and the crown of king edward was put upon his head , and his sword girt about him ; and he offered the same , and two swords more , together with gold and silver at the communion table . he was afterwards conducted by the nobility to the throne , where this passage was read to his majesty . [ stand and hold fast from henceforth the place , to which you have been heir by the succession of your forefathers , being now delivered to you by the authority of almighty god , and by the hands of us , and all the bishops and servants of god : and as you see the clergy to come nearer to the altar then others , so remember that ( in all places convenient ) you give them greater honor , that the mediator of god and man may establish you in the kingly throne , to be a mediator betwixt the clergy and the laity ; and that you may raign for ever with iesus christ , the king of kings , and lord of lords . ] afterwards the nobility were sw●rn to be homagers to the king , and some other ceremonies were performed ; which being done , the lord keeper by the kings command read a writing unto them , which declared the kings free pardon to all his subjects who would take the same under the great seal . the ceremonies of the coronation being ended , the regalia were offered at the altar by bishop laud in the kings name , and then reposited . the bishop of lincoln faln into disgrace by the displeasure of the duke of buckingham , had not received his writ of summons which he represented to the king with submission to his majesties pleasure ( denied as he said , to no prisoners or condemned peers in his fathers reign ) to enable him to make his proxy , if his personal attendance be not permitted . likewise he besought his majesty , that he would be pleased to mitigate the dukes causless anger towards him , who was so little satisfied with any thing he could do or suffer , that he had no means left to appease him , but his prayers to god and his sacred majesty : also , that in his absence in this parliament , no use might be made of his majesties sacred name to wound the reputation of a poor bishop , who besides his religion and duty to that divine character which his majesty beareth , hath affectionately honored his very person above all objects in this world , as he desired the salvation of the world to come : and he craveth no protection against any other accuser or accusation whatsoever . on monday the sixth of february , began the second parliament of the kings reign . the king being placed in his royal throne , the lords in their robes , and the commons below the bar , it pleased his majesty to refer them to the lord keeper for what he had to say . the lord keepers speech . my lords , and you the knights , citizens , and burgesses of the house of commons , you are here assembled by his majesties writs and royal authority to hold a new parliament , the general antient and powerful councel of this renowned kingdom ; whereof if we consider aright , and think of that incomparable distance between the supream height and majesty of a mighty monarch , and the submissive aw and lowliness of a loyal subject , we cannot but receive exceeding comfort and contentment in the frame and constitution of this highest court ; wherein not onely the prelates , nobles , and grandees , but the commons of all degrees have their part , and wherein that high majesty doth descend to admit or rather to invite the humblest of his subjects to conference and council with him , of the great , weighty , and difficult affairs of the king and kingdom : a benefit and favor whereof we cannot be too sensible and thankful ; for sure i am , that all good hearts would be both sensible and sorrowful , if we did want it . and therefore it behooveth all , with united hearts and mindes free from distraction and diversion , to fix their thoughts upon counsels and consultations worthy of such an assembly , remembring , that in it is presented the majesty and greatne●s , the authority and power , the wisdom and knowledge of this great and famous nation ; and it behooveth us to magnifie and bless god , that hath put the power of assembling parliaments in the hands of him , the vertue of whose person doth strive with the greatness of his princely lineage and descent ; whether he should be accounted major or melior , a greater king , or a better man ; and of whom you have had so much tryal and experience , that he doth as affectionately love , as he doth exactly know and understand the true use of parliaments ; witness his daily and unwearied access to this house , before his access to the crown ; his gratious readiness to all conferences of importance ; his frequent and effectual intercession to his blessed father of never dying memory , for the good of the kingdom , with so happy success , that both this and future generations shall feel it , and have cause to rejoyce at the success of his majesties intercession . and when the royal diadem descended upon himself , presently in the midst of his tears and sighs for the departure of his most dear and royal father , in the very first consultation with his privy council , was resolved to meet his people in parliament : and no sooner did the heavy hand of that destroying angel forbear those deadly strokes , which for some time did make this place inaccessible , but his majesty presently resolved to recal it , and hath now brought you together , and in a happy time , i trust , to treat and consult with uniform desires and united affections , of those things that concern the general good . and now being thus assembled , his majesty hath commanded me to let you know that his love and affection to the publick , moved him to call this parliament ; and looking into the danger and the spreading of that late mortality , and weighing the multitude of his majesties pressing occasions and urging affairs of state , both at home and abroad , much importing the safety and state of this kingdom ; the same affection that moved him to call it , doth forbid him to prolong the sitting of this parliament : and therefore his majesty resolving to confine this meeting to a short time , hath confined me to a short errand ; and that is , that as a thing most agreeable to the kingly office , to the example of the best times , and to the frame of modern affairs , his majesty hath called you together to consult and to advise of provident and good laws , profitable for the publick , and fitting for the present times and actions ; for upon such depends the assurance of religion and of justice , which are the surest pillars and buttresses of all good government in a kingdom : for his majesty doth consider , that the royal throne on which god out of his mercy to us hath set him , is the fountain of all justice , and that good laws are the streams and quits , by which the benefit and use of this fountain is dispersed to his people . and it is his majesties care and study , that his people may see with comfort and joy of heart , that this fountain is not dry , but they and their posterity may rest assured and confident in his time , to receive as ample benefit from this fountain , by his majesties mercy and justice , as ever subjects did in the time of the most eminent princes amongst his noble progenitors ; wherein , as his majesty shews himself most sensible of the good of the publick , so were it an injury to this great and honorable assembly , if it should be but doubted , that they shall not be as sensible of any thing that may adde to his majesties honor : which cannot but receive a high degree of love and affection , if his majesty succeeding so many religious , wise , and renowned princes , should begin his reign with some additions unto those good laws which their happy and glorious times have afforded . and this his majesty hath caused me to desire at this time , especially above others ; for his majesty having at his royal coronation , lately solemnized the sacred rites of that blessed marriage between his people and him ; and therein by a most holy oath , vowed the protection of the laws , and maintenance of peace both to church and people , no time can be so fit for his majesty to advise and consult at large with his people , as this present time , wherein so lately his majesty hath vowed protection to his people , and they have protested their alleagiance and service to him . this is the sum of that charge which i have received from his majesty to deliver unto you , wherein you see his majesties intent to the publick : and therefore his desire is , that according to that conveniency of time which his affairs may afford , you will apply your selves to dispatch the business of this parliament . the wednesday following the commons presented sir hennage finch knight , serjeant at law and recorder of london , for their speaker ; who having made the accustomed excuses , and acknowledged his majesties approbation , made this speech . since it hath pleased your majesty not to admit my humble excuse , but by your royal approbation to crown this election ; after my heart and hands first lifted up to god , that hath thus inclined your royal heart , i do render my humblest thanks to your majesty , who are pleased to cast so gratious an eye upon so mean a subject , and to descend so low as in a service of this importance , to take me into your princely thoughts . and since we all stand for hundreds and thousands , for figures and cyphers , as your majesty , the supream and soveraign auditor , shall please to place and value us , and like coyn to pass , are made currant by your royal stamp and impression ; onely i shall neither disable nor under-value my self , but with a faithful and chearful heart , apply my self with the best of my strength and abilities , to the performance of this weighty and publick charge , wherein as i do and shall to the end , most humbly desire your gratious acceptance of my good intentions and endeavors : so i could not but gather some confidence to my self , that your majesty will look favorably upon the works of your own hands . and in truth , besides this particular , these publick things which are obvious to every understanding , are so many arguments of comfort and encouragement , where i contemplate and take a view of those great and inestimable blessings , which by the goodness of god , we do enjoy under your majesties most pious and prudent government . if we behold the frame and the face of the government in general , we live under a monarchy , the best of governments , the nearest resemblance unto the divine majesty which the earth affords , the most agreeable to nature , and that in which other states and republicks do easily fall and reverse into the ocean , and are naturally dissolved as into their primam materiam . the laws by which we are governed , are above any value my words can set upon them ; time hath refined and approved them ; they are equal at least to any laws humane , and so curiously framed and fitted , that as we live under a temperate climate , so the laws are temperate , yielding a due observance to the prerogative royal , and yet preserving the right and liberty of the subject ; that which tacitus saith of two of the best emperors , res olim insociabiles miscuerunt , imperium & libertas , and so far is this from the least diminution of soveraigns , that in this your majesty is truly stiled pater patriae , and the greatest king in the world , that is king of such and so many free-born subjects , whose persons you have not onely power over , but , which is above the greatest of kings , to command their hearts . if time or corruption of manners breed any mists or grievance , or discover any defects in the law , they are soon reformed by parliament , the greatest court of justice , and the greatest council of the kingdom , to which all other courts and councils are subordinate . here your royal person sits inthroned in the seat of majesty , attended by a reverend and learned prelacy , a great and full nobility inthroned like stars in the firmament ; some of a greater , some of a lesser magnitude , full of light and beauty , and acknowledging to whom they owe their lustre ; and by a choise number of worthy knights and gentlemen that represent the whole body of your commons . but to leave generals ; we live not under a monarchy only the best of goverments , and under a government the best of monarchies , but under a king the best of monarchs . your royal person , and those eminent graces and vertues which are inherent in your person , ( in whom greatness and goodness contend for superiority ) it were presumption in me to touch , though with never so good a meaning ; they will not be bounded within the narrow compass of my discourse : and such pictures of such a king are not to be made in limning , but for publick things and actions which the least eye may see and discern , and in them obliquely and by reflexion cheerfully and with comfort behold your person . what age shall not record and eternise your princely magnanimities in that heroick action or venturous journey into spain , or hazarding your person to preserve the kingdom ? fathers will tell it to their children in succession ; after-ages will then think it a fable . your piety to the memory of your dear father , in following and bedewing his herse with your tears , is full in every mans memory . the publick humiliation when gods hand lay heavy upon us , and the late publick thanksgiving to almighty god for removing his hand , both commanded and performed in person by your majesty , is a work in piety not to be forgotten , and i trust the lord will remember them and reward them with mercy and blessing to your majesty and the whole kingdom . your love to justice , and your care in the administration of justice , we all behold with comfort and rejoice to see it ; the great courts of justice from the highest to the lowest furnished with judges of that wisdom and gravity , learning and integrity : the thrones of kings are established by justice ; and may it establish , and i doubt not but it will establish the throne of your majesty in your person and in your royal line , to the end of time . but above all , and indeed it is above all as far as heaven is distant from earth , your care and zeal for the advancement of gods true religion and worship , are cleerly and fully exprest and do appear both in your person , and by your many publick acts and edicts . it is true that is said of princes , quod faciunt , praecipiunt : of your majesty both are true , and a proposition made convertible . we have received a most gracious answer from your majesty to all our late petitions concerning religion , seconded with a publick declaration under the great seal , and inrolled in all the courts of justice , for your royal pleasure and direction to awaken and put life into these laws by a careful execution , with provision that the penalties be not converted to your private coffers , ( and yet the coffers of kings are not private coffers ) but by your express direction set apart to publick uses , such as concern the immediate defence of the kingdom , wherein we all have our share and interest . your royal proclamation hath commanded those romish priests and jesuites to banishment , those incendiaries that infect the state of this church and commonwealth . their very entrance into this kingdom , is by a just and provident law made treason ; their aims being in truth ( how specious soever their pretences be ) nothing else but to plot and contrive treason against the state , and to seduce your natural born subjects from their true obedience , nourishing in their posterities factions and seditions : witness those many treasons and conspiracies against the person of that glorious lady , whose memory will never die ; and that horrible matchless conspiracie , the powder-treason , the master-piece of the devil . but god that preserved her and your royal father against all their treacherous conspiracies , and hath given you a heart to honor him , will honor and preserve you : religion will more truly keep your kingdoms , then the seas do compass them : it is the joy of heart to your majesties loyal and well-affected subjects , and will ever be the honor of your regal diadem , and the crown of your crown . the spanish invasion in eighty eight i hope will ever be remembred in england , with thankful acknowledgment to god for so great a deliverance : and i assura my self it is remembred in spain , but with another mind , a mind of revenge ; they are too constant to their counsels , to acquit their resolutions and purposes that drew on that attempt . it was long before discovered , and since printed not without their liking , that they affect an universal monarchy . videor mihi vidore ( saith lipsius of their state ) solem orientem ab occidente ; a monster in nature . and one of their own , speaking of the two great lights which god hath placed in the firmament , makes the pope luminare majus presidens urbi & orbi ; and the king of spain , luminare minus ut subdatur urbi & dominetur per totum orbem : a great flattery , and a bold and impudent elusion . but i trust , as god hath put it into the heart of your blessed father , by that matchless book of his written to all christian monarchs and princes , ( a work by which he raised a monument to himself more lasting then marble ) to denounce war to that adversary of god and kings , the pope ; so he hath set your sacred majesty upon the throne of your father , to do as many things worthy to be written , as he had written things worthy to be read : amongst them , to restrain that unlimited pride and boundless ambition of spain , to reduce it to their proper current & channel ; who under the title of catholick king , makes his pretence to more countries and kingdoms then his own ; and by color of disguised treaties he invades the palatinate , and dispossesseth that incomparable lady your royal sister , and the children of this kingdom , of their right and their antient patrimony and inheritance , to the discomfort and dishonor of this great and glorious nation . god in his mercy soon repair this breach by your royal head ; and i assure my self , the hearts , the hands , and the purses of all good subjects will say amen . but i may weary your majesty , and lose my self , and forget for whom i am a speaker . custom gives me the priviledge as an humble suitor on the behalf of the house , to present their few petitions unto your majesty . . the first , that for our better attending this publick and important service , our selves and our necessary attendants may with your majesties tender allowance be free both in our persons and goods from arrests and troubles , according to our antient priviledges . . the next ; that since for the preparing and drawing to conclusion such propositions as shall be handled in the house , debate and dispute will be necessary , and by variety of opinions truth is oftentimes best discerned , your majesty will likewise according to your antient usage and priviledge vouchsafe us liberty and freedom of speech , from which i assure my self duty and loyalty to your majesty will never be severed . . that when occasions of moment shall require , your majesty upon our humble suit , and at such times as may best sort with your occasions , will vouchsafe us access to your royal person . . that the proceedings of the house may receive a favorable interpretation at your gracious hands , and be free from misconstructions . the houses began their work with rendring thanks to the king for his gracious answer to their late petition for religion . an act was tendred and read , to administer an oath for the rendring a true accompt of all general and publick taxes , rates and collections . another against scandalous ministers . it was moved , some provision might be made against scandalous livings , as well as against scandalous ministers . the commons further fell into examination of the publick grieveances , and the carriage , or rather miscarriage of the fleet to cadiz ; the evil counsellors about the king ; misgovernment and misimployment of the kings revenue ; an accompt of the subsidies and three fi●teens granted iacobi ; and resolved of a committee for secret affairs , and another for grievances , to sit every friday and wednesday during the parliament . and mr. whitby was commanded to the chair for the committee for grievances ; where were delivered these ensuing consultations . i. [ the state of the king in the constant revenue of the crown . ] . what it was , and how for the introitus and exitus they are ordered . . what now it is , either in cleer , or by lands , by customs and impositions , or by casualties . . the means how it is abated , by gifts of lands ex mero motu , and no valuable consideration , and this may be revoked . by grants of pensions , now l. before but l. good times have resumed them , or contracted them upon necessity . by increase of houshold from l. to l. the purveyors more , and the tables less furnished then formerly . by fruitless ambassadors , with larger allowance then formerly : to reduce them to the ordinary of the late queen . by treble increase of the privy-purse . by double increase of the treasury of the chamber and great wardrobe . in all by not using the best course of assignments , whereby the creditors are delayed in the paiment , and the king surcharged in the price ; the exchequer-man making his profit from the kings wants . ii. [ the condition of the subject in his freedom . ] . formerly in taxes by parliaments , as by subsidies and fifteens , spent onely on defence of the state , or aid of our allies ; by tonage and poundage , imployed in guard of the seas ; loans rarely , and those imployed intirely for the publick ; imposition by prerogative of old customs , rated easily by the book of rates , if any , either limited to time or measure . . new impositions and monopolies multiplied , and settled to continue by grants , customs inhannced by the new book of rates . tonage and poundage levied , though no act of parliament , nor seas guarded ; the times , the wayes , and the persons that induce these . . the imploiment or waste of the treasure : what sums have been granted for the defence of the state , the last three years ; how in particular spent , and where ; by what advice , as by the direction of the council of war appointed by parliament , by full order of the council , by any other then those , and by whom . first , publick treasury is to be examined . secondly , the kings subjects , how many , and when transported and imployed as to the palatinate , count mansfields land-soldiers in the last fleet : the designs where they were sent ; the council that directed it ; the success of the action ; and the return of the persons in number , and the loss . thirdly , in ships and munition our own , the number and quantity imployed severally ; the number imbarqued in those ships ; and what prejudice and discouragement of trade ; the council that directed such imploiments ; the several success , as at algier and cadiz . strangers , and those ships either of allies or enemies : allies hired by contract to serve , and how used , or taken as prize ; if so , how then delivered and dealt withal in the course of justice ; what success hath followed upon injustice done them , as the arrest of our goods in france and germany , whereby our merchants are at a stand ; the number and true value of the goods , the accompt thereof made to his majesty or his officers ; the dismissing and discharging any of them , or the goods , viz. by whom , the directions , the pretence , the value of the goods , the place whither they went. honor of the king ; which , as in all other things , consists in what formerly hath been done : how formerly we stood a nation feared , renowned , victorious : we made the netherlands a state , when they were none ; recovered henry the fourth of france his kingdom , when he had nothing left but the town of diep ; conquered the invincible navy of spain , in anno . took towns in portugal the year following , and marched one hundred miles upon the firm ground ; fired or brought away the spanish navy before cadiz , and sack'd the town , took the spanish ships daily , and spoiled the port-towns of the west-indies , never losing but one ship during the spanish war ; reducing the condition of that king from a fifth monarchy to so low an ebb , that in one year he paid two thousand five hundred millions of duckets for interest ; so as after he was enforced to beg treaties of peace and low terms at the last queen-regents hands . iii. [ the cause of the good success then . ] a carriage and readiness to assist their soveraign in purse and person ; a wisdom and gravity of council , who ordered nothing but by publick debate , and then assisted with the military professors either by land or sea of the best repute , and such only imployed . iv. [ in what condition we now stand . ] by the loss of reputation , by the ill success in the voyage for algier , in the palatinate , in the expedition with mansfield , in the last to cadiz . the reasons are , the uncheerfulness we have either to adventure our purses or persons , occasioned by a distrust we have of the success , the want of the like courses and councils that were formerly used . it was wished , that for every of the four heads there were a particular committee to examine and prepare a report for the houses ; and the house upon every report to put it self into a committee of the whole assembly , and after a full and deliberate debate , to order a model or form for a conference with the lords , and so together humbly to present to his majesty a remonstrance of their labor ; offering withall a second consultation and debate amongst themselves for finding out the fittest means both for the defence of the state and our allies , reformation of the errors , and a constant way to raise such supplies as may enable his majesty to proceed cheerfully , and as they hoped assuredly in this his glorious action , not only for himself and state , but all that profess the same religion , and are like to be overwhelmed in the ambition of the spanish monarchy . also a committee was named concerning religion , and the growth o● popery ; and montague's [ appeal to caesar ] was again brought in question . this book the commons referred to the committee for religion , from whom mr. pym reported to the house the several erroneous op●nions therein contained ; and the house passed their votes thereupon , that mr. montague endeavored to reconcile england to rome , and to alienate the kings affections from his well-affected subjects . the articles exhibited against him were these . articles exhibited by the commons against richard montague clerk. that he the said richard montague , in or about the . year of the reign of our late soveraign lord king iames of famous memory , hath caused to be printed , and in his name to be published , one book called , an answer to the late gagg of protestants ; and in or about anno . of the same king , he caused to be printed and published one other book , entituled , a treatise of the invocations of saints ; and likewise in the first year of his majesties reign that now is , he procured to be printed , and in his name to be published another book , entituled , an appeal to caesar : in every of which books he hath maintained and confirmed some doctrine contrary or repugnant to the articles agreed by the archbishops and bishops of both provinces , and the whole clergy , holden in the convocation at london , anno domini . according to the computation of the church of england , for avoiding diversity of opinions , and for establishing consent touching true religion : all which appears in the places hereafter mentioned ; and in divers other places and passages of the same books ; and by his so doing hath broken the laws and statutes of this realm in that case provided , and very much disturbed both the peace of church and commonwealth . i. whereas in the five and thirtieth article of the articles aforementioned , it is declared , that the second book of homilies doth contain a godly and wholesom doctrine ; in the sixteenth homily of which book , it is determined , that the church of rome , as it is at present , and hath been for the space of nine hundred years and odd , is so far wide from the nature of a true church , that nothing can be more : he , the said richard montague , in several places of his said book , called , the answer to the gagg , and in his other book , called , the appeal , doth advisedly maintain and affirm , that the church of rome is and ever was a true church since it was a church . ii. whereas in the same homily it is likewise declared , that the church of rome is not built upon the foundation of the prophets and apostles ; and in the eight and twentieth article of the said articles , that transubstantiation overthroweth the nature of a sacrament ; and in the five and twentieth of the same article , that five other reputed sacraments of the church of rome , are not to be accounted sacraments ; yet contrary and repugnant hereunto , he , the said richard montague , doth maintain and affirm in his book aforesaid , called , the answer to the gagg , that the church of rome hath ever remained firm upon the same foundation of sacraments and doctrine instituted by god. iii. in the nineteenth of the same article , it is further determined , that the church of rome hath erred , not onely in their living and matters of ceremony ; but also in matters of faith. he the said richard montague , speaking of those points which belong to faith and good manners , hope and charity , doth in the said book , called , the gagg , affirm and maintain , that none of these are controverted in their points , meaning the protestants and papists ; and notwithstanding that in the one and thirtieth article , it is resolved , that the sacrifice of masses , in which , as it is commonly said , the priest did offer christ for the quick and the dead , to have remission of pain and guilt too , is a blasphemous fable , and dangerous deceit , this being one of the points controverted between the church of england and the church of rome . the said richard montague in his book , called the gagg , doth affirm and maintain , that the controverted points are of a lesser and inferior nature , of which a man may be ignorant without any danger of his soul at all , a man may resolve to oppose this or that without peril of perishing for ever . iv. whereas in the second homily , entituled , against peril of idolatry , contained in the aforesaid book of homilies , approved by the seven and thirtieth mrticle aforementioned ; it is declared , that images teach no good lesson , neither of god nor godliness , but all error and wickedness : he the said richard montague , in the book of gagg aforesaid , doth affirm and maintain , that images may be used for the instruction of the ignorant , and excitation of devotion . v. that in the same homily it is plainly expressed , that the attributing the defence of certain countries to saints , is a spoiling god of his honor , and that such saints are but dii tutelares of the gentiles idolators : the said richard montague hath notwithstanding in his said book , entituled , a treatise concerning the invocation of saints , affirmed and maintained , that saints have not onely a memory , but a more peculiar charge of their friends ; and that it may be admitted , that some saints have a peculiar patronage , custody , protection and power , as angels also have , over certain persons and countries by special deputation ; and that it is no impiety so to believe : whereas in the seventeenth of the said articles , it is resolved , that god hath certianly decreed by his counsel , secret to us , to deliver from curse and damnation those whom he hath chosen in christ out of mankinde , and to bring them by christ to everlasting salvation ; wherefore they which be endued with so excellent a benefit of god , be called according to gods purpose , working in due season , they through grace obey the calling , they be justified freely , walk religiously in good works , and at length by gods mercy attain to everlasting felicity : he , the said richard montague , in the said book , called the appeal , doth maintain and affirm , that men justified may fall away , and depart from the state which once they had ; they may arise again , and become new men possibly , but not certainly nor necessarily . and the better to countenance this his opinion , he hath in the same book wilfully added , falsified and charged divers words of the sixteenth of the articles before mentioned , and divers other words , both in the book of homilies , and in the book of common-prayer , and so misrecited , and changed the said places he doth alleadge in the said book , called , the appeal , endeavouring thereby to lay a most wicked and malicious scandal upon the church of england , as if he did herein differ from the reformed churches of england , and from the reformed churches beyond the seas , and did consent to those pernitious errors , which are commonly called arminianism , and which the late famous queen elizabeth , and king iames of happy memory , did so piously and diligently labour to suppress . that the said richard montague , contrary to his duty and allegiance hath endeavored to raise great factions and divisions in this common-wealth , by casting the odious and scandalous name of puritans upon such his majesties loving subjects as conform themselves to the doctrine and ceremony of the church of england , under that name laying upon them divers false and malicious imputations , so to bring them into jealousie and displeasure with his most excellent majesty , and into reproach and ignominy with the rest of the people , to the great danger of sedition and disturbance in the state , if it be not timely prevented . that the scope and end of the said richard montague in the books before mentioned , is to give encouragement to popery , and to withdraw his majesties subjects from the true religion established , to the roman superstition , and consequently to be reconciled to the sea of rome ; all which he laboreth by subtile and cunning ways , whereby gods true religion hath been much scandalized , those mischiefs introduced which the wisdom of many laws hath endeavored to prevent , the devices and practices of his majesties enemies have been furthered and advanced , to the great peril and hazard of our soveraign lord the king , and of all his dominions and loving subjects . that the said richard montague hath inserted into the said book , called the appeal , divers passages dishonorable to the late king , his majesties father of famous memory , full of bitterness , railing and injurious speeches to other persons , disgracefull and contemptible to many worthy divines both of this kingdom , and of other reformed churches beyond the seas , impious and profane in scoffing at preaching , meditating and conferring , pulpits , lectures , bible , and all shew of religion ; all which do aggravate his former offences , having proceeded from malicious and envenomed heat against the peace of the church , and the sincerity of the reformed religion publickly professed , and by law established in this kingdom . all which offences , being to the dishonor of god , and of most mischievous effect and consequence against the good of this church and commonwealth of england , and of other his majesties realms and dominions . the commons assembled in parliament , do hereby pray , that the said richard montague may be punished according to his demerits , in such exemplary manner , as may deter others from attempting so presumptuously to disturb the peace of church and state , and that the book aforesaid , may be suppressed and burnt . whether an answer was made to these articles by mr montague , we cannot tell , for upon search we can finde none . about the same time his majesty being informed that there was great liberty taken by divers of his subjects to resort to the hearing of masse at durham-house in the lodgings of a foraign ambassodor ; the privy council taking notice thereof , and accounting it scandalous to this church , and of ill example to be suffered at any time , but much more in this time of parliament , required the bishop of durham to apprehend such of his majesties subjects as should be present at the masse , and to commit them to prison . there was also a letter sent from the attorney-general to the judges of the circuits , to direct their proceedings against recusants , to this effect . that their lordships will not omit to publish the kings gracious and religious determination , to go on really and constantly in this way , and that out of his bounty and goodness he hath published his resolution under the great seal of england , that whatsoever revenue or benefit shall arise hereby , from purses of popish recusants , shall be set apart from his own treasure , and be wholly imployed for the service of the commonwealth , and shall not be dispensed with to any of what degree soever , nor diverted by any the suits of his servants or subjects . . that their lordships will be pleased at their first coming into every county within their circuit , to command the clerk of assise , and clerk of the peace , to be carefull for the indictment of popish recusants , without respect of persons , of what degree of honor or office soever ; and that they neither make , nor suffer to be made any omission , or mistaking in their indictment , or other proceedings ; and that the next term , within ten dayes of the beginning of the term they give or send to him ( viz. the attorney ) a note in writing , who stand indicted of new , and that they fail not to certifie the recusants convicted into the exchequer by that time . that at their lordships first coming into the county they call the iustices of peace then present , and the grand-iury men to give their lordships true information of the recusants of any note or name in that country ; and that thereupon their lordships will be pleased to take care that the grand-iury men , either by evidence , or their own knowledge indict them which are not already indicted , before the end of the assises ; and that their lordships admit no traverse , unless the persons convicted have first yeilded their bodies into the custody of the sheriff , as their lordships know well all the iudges with one voice resolved the law to be . , that there be special care taken of schoolmasters and teachers of any kinde , who are popish , that they be presented and proceeded against . . that their lordships give knowledge to the counties where they sit , that the married women , who are popish recusants , convicted by the law ought to be committed to the common-goal without bail , unless their husbands redeem their liberty by the constant payment of l. a moneth , and that it must be executed . your lordships ready to be commanded , rob. heath . inner-temple , mar. . . the commons proceeded in the examination of grievances , and had a report made unto them , that the reason wherefore our merchants ships and goods were seised in france , was by reason of sir iames bagg , vice-admiral for cornwal , and other mens dealings towards the french in seising upon their goods in several ports in england , and particularly the seising of the ship called the peter of new-haven , and brought into plymouth by order from the lord duke , after the king and council had ordered this ship to be restored upon a just claim , and that the court of admiralty had also released her ; that till this action the french did not begin to seise any english goods or ships ; that twenty and three bags of silver , and eight bags of gold were by sir francis steward delivered to the lord duke ; the duke having notice hereof , said , he would justifie the stay of the ship by order from the king. the council of war appointed to manage the business for the relief of the palatinate , were called into the house of commons , and this question was propounded unto them ; whether their advice was followed which they gave for the four ends mentioned in the act of parliament iacobi , for which the moneys given by that act were to issue ? lord carey earl of totnes , and lord brook desired to be excused from answering ; the lord vere said , he had been much absent in the low-countries , and could say little ; the lord grandison said , that since iuly last they had seldom met ; sir robert mansel , and sir iohn oyle desired a copy of the question , and that they might all confer together before they gave answer to a question of this concernment : afterwards the same persons ( except the lord vere ) were called in again , who gave unsatisfactory answers , when they were pressed to deal clearly and fully in the business ; it was answered by some of them , that they conceived by the act of parliament they were bound to make no other answer then what they had done : others desired before they answered , that they might have the kings consent first ; that obtained , and a special order of the house requiring an answer , sir robert mansel declared his readiness to give a cleer and full account . while matters were thus debated , mr secretary cook delivered a message from the king to the commons , declaring his majesties occasion for supply . this message was strengthened by a conference which the lords , desired with the commons ; where william earl of pembrook represented the affairs of christendom , how they stood before the breach of the treaties with spain , and how at that present ; shewing , that the condition of the palatinate was nothing bettered ; that count mansfiels army was raised for the diversion of the league catholick in germany ; that the king of denmark had thereupon engaged himself to stand or fall in this quarrel , in case of supplies ; that the swedes were forward ; and lastly , that his majesty had made a strict alliance with the hollander upon these terms , that they shall bear a fourth part of the expence of our navy , and onely have a fourth part of the spoils ; the lands and cities conquered to be the kings : the fruits of all rich advantages will be lost , if a speedy assistance be not resolved on . the commons not thinking fit to take into consideration the matter of supply at present , call for a report from the committee appointed to consider of the causes and remedies of evils , which being made by mr wandesford ; it was resolved , that the diminution of the kingdom in strength and honor , is a general evil which we suffer under ; a second , the increase and countenancing of papists ; a third , the not guarding of the narrow seas ; a fourth , plurality of offices in one hand ; a fifth , sales of honors and places of judicature ; a sixth , delivery up of ships to the french ; a seventh , misimployment of three subsidies and three fifteens , &c. and they further ordered , that the duke whom these misdemenors especially reflected on , have notice that the commons house intend suddenly to resume the debate of these things , and mr clement cook said openly , that it were better to die by an enemy , then to suffer at home . the lords at that time , more readily complying with the kings desires , appointed a committee to consider of the safety and defence of the kingdom in general , and particularly of the safeguard of the seas , the store of ammunition and arms , and all things incident thereunto , and of strengthening the forts ; for this the king gave them thanks , and desired them to proceed with alacrity . the committee of lords made haste and reported their advice to the house , that one fleet be presently set to sea against the king of spain to annoy him , and to prevent the invasion of this kingdom : that another be set out to defend our own coasts , and the merchants from pirats ; and that consideration be had of maintaining the armies under the king of denmark and count mansfield ; but the house would give no opinion thereupon , till they had conference with the house of commons , which was desired upon this occasion . to which message the commons onely returned this answer , that they desire to have a good correspondency with their lordships , and will be ever carefull of the safety and defence of the kingdom , and maintain their own priviledges , as is fitting , and immediately proceed with the debate concerning the duke , which was a little interrupted , as well by a letter of the kings to the speaker , as by a message delivered by sir richard weston touching supply . king charles to the speaker . trusty and welbeloved , &c. having assembled the parliament early in the beginning of the year , for the more timely help and advice of our people in our great and important affairs ; and having of late , not onely by message , but also of our self , put our house of commons in minde of our pressing occasions , and of the present estate of christendom , wherein they have equal interest with us , as well in respect of their own former engagements , as of the common cause ; we shall not need to tell them with what care and patience we have in the middest of our necessities attended their resolutions ; but because their unseasonable slowness may produce at home as ill effects as a denial , and hazard the whole estate of things abroad ; we have thought fit by you the speaker , to let them know , that without more loss of time , we look for a full and perfect answer of what they will give for our supply , according to our expectation and their promises ; wherein , as we press for nothing beyond the present state and condition of our subjects , so we accept no less then is proportionable to the greatness and goodness of the cause ; neither do we press them to a present resolution in this , with a purpose to precipitate their counsels , much less to enter upon their priviledges , but to shew , that it is unfit to depend any longer upon uncertainties ; whereby the whole weight of the affairs of christendom may break in upon us upon the sudden , to our dishonor and the shame of this nation : and for the business at home , we command you to promise them in our name , that after they have satisfied us in this our reasonable demand , we shall not onely continue them together at this time so long as the season will permit , but call them shortly again to perfect those necessary businesses which shall be now left undone ; and now we shall willingly apply ●it and seasonable remedies to such just grievances which they shall present unto us in a dutifull and mannerly way , without throwing an ill odor upon our present government , or upon the government of our late blessed father ; and if there be yet who desire to finde fault , we shall think him the wisest reprehendor of errors past , who without reflecting backward , can give us counsel how to settle the present estate of things , and to provide for the future safety and honor of the kingdom . the heads of sir richard westons message for drawing a more speedy resolution from the house , besides that formerly understood concerning the king of denmark , count mansfield and his majesties army in the low-countries , were these . i. that his majesties fleet being returned , and the victuals spent , the men must of necessity be discharged , and their wages paid , or else an assured mutiny will follow , which may be many wayes dangerous at this time . ii. that his majesty hath made ready about forty ships to be set forth on a second voyage to hinder the enemy , which want onely victuals and some men , which without present supply of money cannot be set forth and kept together . iii. that the army which is appointed in every coast must presently be disbanded , if they be not presently supplied with victuals and clothes . iv. that if the companies of ireland lately sent thither be not provided for , instead of defending that country , they will prove the authors of rebellion . v. that the season of providing healthfull victuals will be past if this moneth be neglected . and therefore his majesty commanded me to tell you , that he desired to know without futher delaying of time , what supply you will give him for these his present occasions , that he may accordingly frame his course and counsel . which message produced this answer from the commons . most gracious soveraign , your majesties dutifull and loyal subjects the commons now assembled in parliament , in all humility present unto your royal wisdom this their loyal answer to the message which your majesty was pleased by the chancellor of your exchequer to send unto them , desiring to know without any further deferring of time , what supply they would give to your majesty for your present and extraordinary occasions , that you might accordingly frame your courses and counsels : first of all , they most humbly beseech your majesty to know and rest assured , that no king was ever dearer to his people , then your majesty ; no people more zealous to maintain and advance the honor and greatness of their king , then they ; which , as upon all occasions they shall be ready to express , so especially in the support of that cause wherein your majesty and your allies are now justly engaged . and because they cannot doubt but your majesty in your great wisdom , even out of justice , and according to the example of your most famous predecessors , will be pleased graciously to accept the faithfull and necessary information and advice of your parliament , which can have no end but the service of your majesty , and safety of your realm , in discovering the causes , and proposing the remedies of these great evils which have occasioned your majesties wants and your peoples grief : they therefore , in confidence and full assurance of redress therein , do with one consent propose ( though in former time such course hath been unused ) that they really intend to assist and supply your majesty in such a way , and in so ample a measure , as may make you safe at home , and feared abroad ; for the dispatch whereof they will use such diligence , as your majesties pressing and present occasions shall require . his majesty makes this reply to the commons answer . mr speaker , the answer of the commons delivered by you , i like well of , and do take it for a full and satisfactory answer , and i thank them for it , and i hope you will with all expedition take a course for performance thereof , the which will turn to your own good as well as mine ; but for your clause therein of presenting of grievances , i take that but for a parenthesis in your speech , and not a condition ; and yet , for answer to that part , i will tell you , i will be as willing to hear your grievances , as my predecessors have been , so that you will apply your selves to redress grievances , and not to enquire after grievances . i must let you know , that i will not allow any of my servants to be questioned amongst you ; much less such as are of eminent place , and neer unto me : the old question was , what shall be done to the man whom the king will honor ? but now it hath been the labor of some , to seek what may be done against him whom the king thinks fit to honor . i see you specially aim at the duke of buckingham ; i wonder what hath so altered your affections towards him ; i do well remember that in the last parliament in my fathers time , when he was an instrument to break the treaties , all of you ( and yet i cannot say all , for i know some of you are changed , but yet the house of commons is alwayes the same ) did so much honor and respect him , that all the honor conferred on him was too little ; and what he hath done since to alter or change your mindes , i wot not ; but can assure you , he hath not medled , or done any thing concerning the publick or commonwealth , but by special directions and appointment , and as my servant , and is so far from gaining or improving his estate thereby , that i verily think he hath rather impaired the same . i would you would hasten for my supply , or else it will be worse for your selves ; for if any ill happen , i think i shall be the last shall feel it . afterwards the commons fell upon the duke , as the chief cause of all publick miscarriages . doctor turner a physitian propounded in the house these questions , which were then commonly called queries against the duke of buckingham , and were grounded upon publick fame . . whether the duke being admiral , be not the cause of the loss of the kings royalty in the narrow-seas ? . whether the unreasonable , exorbitant and immense gifts of money and lands bestowed on the duke and his kindred , be not the cause of impairing the kings revenue , and impoverishing of the crown ? . whether the multiplicity of offices conferred upon the duke and others depending upon him , ( whereof they were not capable ) be not the cause of the evil government of this kingdom ? . whether recusants in general , by a kind of connivencie , be not borne out and increased by reason of the dukes mother and father-in-law , being known papists . . whether the sale of honors , offices , and places of judicature and ecclesiastical livings and promotions , ( a scandal and hurt to the kingdom ) be not through the duke ? . whether the dukes staying at home , being admiral and general in the fleet of the sea , and land-army , were not the cause of the bad success and overthrow of that action ; and whether he did give good direction for that design ? ( all these are famed to be so . ) hereupon two questions were moved in parliament . . whether the six heads delivered by doctor turner to be the cause of the evils that were grounded upon common fame , be to be debated in parliament ? . whether an accusation upon common fame by a member of this house , be a parliamentary way ? it was declared by sir tho. wentworth , mr. noy , and other lawyers in the debate , that there was a difference between common fame and rumor : for the general voice ( vox populi ) is common fame : and if common fame might not be admitted as an accuser , great men would be the onely safe men ; for no private person dare adventure to enquire into their actions : but the house of commons is a house of information and presentment , but not a house of definitive judgment . so the house came to this resolution ; that common fame is a good ground of proceeding for this house , either by enquiry , or presenting the complaint ( if the house finds cause ) to the king or lords . the commons the next day proceeding in that debate , sir richard weston delivered to the house this message from his majesty . that his majesty had taken notice of a seditious speech uttered in the house by mr. clement cook : the words are said to be to this effect ; that it were better to die by an enemy , then to suffer at home . yet his majesty in his wisdom hath forborne to take any course therein , or to send to the house about it , not doubting but the house would in due time correct such an insolence . but his majesty hath found that his patience hath wrought to an ill effect , and hath imboldened one since to do a strange act , in a strange way and unusual ; that is , doctor turner ; who on saturday last , without any ground of knowledge in himself , or proof tendred to the house , made an enquiry of sundry articles against the duke of buckingham , as he pretended , but indeed against the honor and government of the king and his late father . this his majesty saith is such an example , that he can by no means suffer , though it were to make enquiry of the meanest of his servants , much less against one so neer unto himself ; and doth wonder at the foolish impudencie of any man that can think he should be drawn out of any end to offer such a sacrifice , much unworthy the greatness of a king , and master of such a servant . and therefore his majesty can no longer use his wonted patience , but desireth the justice of the house against the delinquents ; not doubting but such course will be taken , that he shall not be constrained to use his regal authority to right himself against these two persons . upon this message , doctor turner made a short explanation of himself , desiring to know wherewith he was charged : what he said , he said the house can witness ; and what he said , he spake for the general good of the commonwealth , and not upon the least reflection of any in particular . this he thought a parliamentary way warranted by antient presidents . to accuse upon common fame , he finds warranted first by the imperial roman laws and the canons of the church , which allowed common fame sufficient to accuse any man. and they that are learned amongst them , give two reasons : first , for greatness ; next , for cunning. our ancestors within these walls have done the like , and that to a duke , the duke of suffolk in the time of king h. . who was accused upon fame . and lastly ( he said ) mr. chancellor himself did present the common undertakers upon particular fame ; and why he should not have as ample priviledge in this place , he knew no reason to the contrary . the commons having appointed another day for the debate of this business , in the mean time came this letter from doctor turner to the speaker . sir , these lines first petition you to signifie to the honorable house of commons , that my desires are still the same to have made my personal appearance before you , but my ability and strength to perform it are not the same ; and therefore that i humbly desire them to excuse me on that part , and to accept of this my answer unto the matter i shall speak to . i do confess , that on saturday last in the afternoon i did deliver in certain accusations of common fame into the house of parliament against my lord admiral ; and that out of so many ( all bearing the signiture of vox populi ) i chose out some few , not because they were greater , or more known grievances , but because they did seem to direct us to find out the griever , or the first cause : for i did think it was then full time to agree the agent and the actions , and that it was time also to leave considering grievances in arbitration . i do now also agree unto you that which hath been reported unto you by mr. wandesford ; and by that , if you shall think sit , will put my self unto your censure : hoping and assuring my self , that you will find my design to include nothing else within it but duty and publick service to my country ; and also that my addressing those accusations unto the house of parliament , shall by you be found to be done by a mannerly and parliamentary way . but howsoever it becomes me to submit my cause to your wisdoms and equal iudgments ; which i do heartily ; and whatsoever you shall please to appoint me , i shall dutifully satisfie , when god shall be pleased to restore me able to attend your service . i doubt not but to give you an honest accompt of all my actions herein ; and if i shall first to my grave , i desire , if you find me cleer , the reputation of an honest man and an english-man may attend me thereunto . thus i rest your dutiful and humble servant , samuel turner . to the honorable sir henage finch , speaker of the house of commons . the monday following , sir w. walter ( if the name be not miswritten in our collections ) represented to the house , that the cause of all the grievances was , for that ( according as it was said of lewis the eleventh king of france ) all the kings council rides upon one horse . and therefore the parliament was to advise his majesty , as iethro did moses , to take unto him assistants with these qualities . . noble from among all the people ; not upstarts , and of a nights growth . . men of courage ; such as will execute their own places , and not commit them to base and undeserving deputies . . fearing god ; who halt not betwixt two opinions , or incline to false worship in respect of a mother , wife or father . . dealing truly ; for courtship , flattery and pretence become not kings councellors , but they must be such as the king and kingdom may trust . . hating covetousness ; no bribers nor sellers of places in church or commonwealth , much less honors and places about the king , and least of all such as live upon other mens ruines . . they should be many , set over thousands , hundreds , fifties and tens , ( one man not ingrossing all . ) where there is abundance of counsel , there is peace and safety . . they must judge of small matters ; the greater must go to the king himself , not all to the council , much less any one counsellor must alone manage the whole weight , but royal actions must be done only by the king. . lastly , moses chose them elders , not young men ▪ solomon by miracle and revelation was wise being young ; but neither his son nor his young counsellors had that priviledge : no more is it expected in any of our counsellors , until by age and experience they have attained it . sir iohn elliot continued the debate , and thus spake . we have had ( says he ) a representation of great fear , but i hope that shall not darken our understandings . there are but two things considerable in this business : first , the occasion of our meeting ; and secondly , the present state of our own country . the first of these we all know , and it hath at large been made known unto us , and therefore needeth no dispute . the latter of these we ought to make known , and draw and shew it as in a perspective in this house : for our wills and affections were never more clear , more ready as to his majesty , but perhaps bauk'd and check'd in our forwardness by those the king intrusts with the affairs of the kingdom . the last action , was the kings first action ; and the first actions and designs of kings are of great observance in the eye of the world ; for therein much dependeth the esteem , or disesteem of their future proceedings : and in this action the king and kingdom have suffered much dishonor ; we are weakned in our strength and safety , and many of our men and ships are lost . this great design was fixed on the person of the lord general , who had the whole command both by sea and land : and can this great general think it sufficient to put in his deputy , and stay at home ? count mansfield's actions were so miserable , and the going out of those men so ill managed , as we are scarce able to say they went out . that handful of men sent to the palatinate , and not seconded , what a loss was it to all germany ? we know well who had then the kings ear . i could speak of the action of algier , but i will not look so far backward . are not honors now sold , and made despicable ? are not judicial places sold ? and do not they then sell justice again ? vendere jure potest , emerat ille prius . tully in an oration against verres notes , that the nations were suitors to the senate of rome , that the law de pecuniis repetundis might be recalled : which seems strange , that those that were suitors for the law , should seek again to repeal it ; but the reason was , it was perverted to their ill . so it is now with us ; besides inferior and subordinate persons that must have gratuities , they must now feed their great patrons . i shall to our present case cite two presidents . the first is h. . the treasure was then much exhausted , many disorders complained on , the king wronged by some ministers ; many subsidies were then demanded in parliament , but they were denied : and then the lords and commons joined to desire the king to reassume the lands which were improvidently granted , and to examine his great officers , and the causes of those evils which the people then suffered . this was yielded unto by the king , and hugo de burgo was found faulty and was displaced , and then the commons in the same parliament gave supply . the second president was in the tenth year of richard the second : then the times were such , and places so changeable , that any great officer could hardly sit to be warmed in his place : then also monies had been formerly given , and supply was at that parliament required ; but the commons denied supply , and complained that their monies were misimployed , that the earl of suffolk then overruled all ; and so their answer was , they could not give : and they petitioned the king , that a commission might be granted , and that the earl of suffolk might be examined . a commission at their request was awarded , and that commission recites all the evil then complained of ; and that the king upon the petition of the lords and commons had granted that examination should be taken of the crown-lands which were sold , of the ordering of his houshold , and the disposition of the jewels of his grandfather , and father . i hear nothing said in this house of our jewels , nor will i speak of them , but i could wish they were within these walls . we are now in the same case with those former times ; we suffer alike , or worse : and therefore unless we seek redress of these great evils , we shall find disability in the wills of the people to grant . i wish therefore that we may hold a dutiful pursuance in preparing and presenting our grievances . for the three subsidies and three fifteens which are proposed , i hold the proportion will not suit with what we would give ; but yet i know it is all we are able to do or can give ; and yet this is not to be the stint of our affections , but to come again to give more upon just occasions . in the heat of these agitations , the commons notwithstanding remembred the kings necessities , and took the matter of supply into consideration , and voted three subsidies and three fifteens to be paid the last day of iune , and the last of october next following ; and that the act be brought in as soon as grievances are presented to , and answered by the king. and the commons the same day resumed the debate again concerning the duke , and misgovernment and misimployment of the revenue , &c. ordered the duke to have notice again thereof . the next day the king sent a message to the house of commons , that they do to morrow at nine of the clock attend his majesty in the hall at whitehall , ( and in the mean time all proceedings in the house and committee to cease . ) where his majesty made this ensuing speech . my lords and gentlemen , i have called you hither to day , i mean both houses of parliament ; but it is for several and distinct reasons : my lords , you of the upper house , to give you thanks for the care of the state of the kingdom now ; and not only for the care of your own proceedings , but for inciting your fellow-house of the commons to take that into their consideration . therefore ( my lords ) i must not only give you thanks , but i must also avow , that if this parliament do not redound to the good of this kingdom , ( which i pray god it may ) it is not your faults . and you gentlemen of the house of commons , i am sorry that i may not justly give the same thanks to you ; but that i must tell you , that i am come here to shew you your errors , and as i may call it , unparliamentary proceedings in this parliament . but i do not despair , because you shall see your faults so cleerly by the lord keeper , that you may so amend your proceeding , that this parliament shall end comfortably and happily , though at the beginning it hath had some rubs . then the lord keeper , by the kings command , spake next . my lords , and you the knights , citizens and burgesses of the house of commons : you are here assembled by his majesties commandment , to receive a declaration of his royal pleasure ; which although it be intended only to the house of commons , yet his majesty hath thought meet , the matter being of great weight and importance , it should be delivered in the presence of both houses , and both houses make one general council : and his majesty is willing that the lords should be witnesses of the honor and justice of his resolutions . and therefore the errand which by his majesties direction i must deliver , hath relation to the house of commons . i must address my self therefore to you mr. speaker , and the rest of that house . and first his majesty would have you to understand , that there was never any king more loving to his people , or better affectioned to the right use of parliaments , then his majesty hath approved himself to be , not only by his long patience since the sitting down of this parliament , but by those mild and calm directions which from time to time that house hath received by message , and letter , and from his royal mouth ; when the irregular humors of some particular persons wrought diversions and distractions there , to the disturbance of those great and weighty affairs , which the necessity of the times , the honor and safety of the king and kingdom , called upon . and therefore his majesty doth assure you , that when these great affairs are setled , and that his majesty hath received satisfaction of his reasonable demands , he will as a just king hear and answer your just grievances , which in a dutiful way shall be presented unto him ; and this his majesty doth avow . next his majesty would have you know of a surety , that as never any king was more loving to his people , nor better affectioned to the right use of parliaments ; so never king more jealous of his honor , nor more sensible of the neglect and contempt of his royal rights , which his majesty will by no means suffer to be violated by any pretended colour of parliamentary liberty ; wherein his majesty doth not forget that the parliament is his council , and therefore ought to have the liberty of a council ; but his majesty understands the difference betwixt council and controlling , and between liberty and the abuse of liberty . this being set down in general , his majesty hath commanded me to relate some particular passages and proceedings whereat he finds himself agrieved . first , whereas a seditious speech was uttered amongst you by mr. cook , the house did not , as they ought to do , censure and correct him . and when his majesty understanding it , did by a message by mr. chancellor of the exchequer delivered to the house , require justice of you , his majesty hath since found nothing but protracting and delaies . this his majesty holds not agreeable to the wisdom and the duty which he expected from the house of commons . secondly , whereas doctor turner in a strange unparliamentary way , without any ground of knowledge in himself , or offering any particular proof to the house , did take upon him to advise the house to enquire upon sundry articles against the duke of buckingham , as he pretended , but in truth to wound the honor and government of his majesty , and of his renowned father ; and his majesty first by a message , and after by his own royal mouth did declare , that that course of enquiry was an example which by no way he could suffer , though it were against his meanest servant , much less against one so neer him ; and that his majesty did much wonder at the foolish insolencie of any man that can think that his majesty should be drawn out of any end to offer such a sacrifice so unworthy of a king , or a good master : yet for all this , you have been so far from correcting the insolencie of turner , that ever since that time your committees have walked in the steps of turner , and proceeded in an unparliamentary inquisition , running upon generals , and repeating that whereof you have made fame the groundwork . here his majesty hath cause to be exceeding sensible , that upon every particular he finds the honor of his father stained and blemished , and his own no less ; and withal you have manifested a great forwardness rather to pluck out of his bosom those who are neer about him , and whom his majesty hath cause to affect , then to trust his majesty with the future reformation of these things which you seem to aim at : and yet you cannot deny but his majesty hath wrought a greater reformation in matters of religion , execution of the laws , and concerning things of great importance , then the shortness of his reign ( in which he hath been hindred partly through sickness , and the distraction of things which we could have wished had been otherwise ) could produce . concerning the duke of buckingham , his majesty hath commanded me to tell you , that himself doth better know then any man living the sincerity of the dukes proceedings ; with what cautions of weight and discretion he hath been guided in his publick imployments from his majesty and his blessed father ; what enemies he hath procured at home and abroad ; what peril of his person and hazard of his estate he ran into for the service of his majesty , and his ever blessed father , and how forward he hath been in the service of this house many times since his return from spain . and therefore his majesty cannot believe that the aim is at the duke of buckingham , but findeth that these proceedings do directly wound the honor and judgment of himself , and of his father . it is therefore his majesties express and final commandment , that you yield obedience unto those directions which you have formerly received , and cease this unparliamentary inquisition , and commit unto his majesties care , and wisdom , and justice , the future reformation of these things which you suppose to be otherwise then they should be : and his majesty is resolved , that before the end of this session , he will set such a course both for the amending of any thing that may be found amiss , and for the setling of his own estate , as he doubteth not but will give you ample satisfaction and comfort . next to this his majesty taketh notice , that you have suffered the greatest council of state to be censured and traduced in the house , by men whose years and education cannot attain to that depth : that forein businesses have been entertained in the house , to the hinderance and disadvantage of his majesties negotiations : that the same year , yea the first day of his majesties inauguration , you suffered his council , government , and servants , to be parallel'd with the times of most exception : that your committees have presumed to examine the letters of secretaries of state , nay his own , and sent a general warrant to his signet-office , and commanded his officers not only to produce and shew the records , but their books and private notes , which they made for his majesties service . this his majesty holds as unsufferable , as it was in former times unusual . next i am to speak concerning your supply of three subsidies and three fifteens , which you have agreed to tender to his majesty . you have been made acquainted with the greatness of his affairs both at home and abroad , with the strong preparation of the enemy , with the importance of upholding his allies , strengthening and securing both england and ireland , besides the encountring and annoying the enemy by a powerful fleet at sea ; and the charge of all : this having been calculated unto you , you have professed unto his majesty by the mouth of your speaker , your carefulness to support the cause wherein his majesty and his allies are justly engaged ; your unanimous consent and real intention to supply his majesty in such a measure , as should make him safe at home , and feared abroad ; and that in the dispatch hereof you would use such diligence , as his majesties pressing and present occasions did require . and now his majesty having erected a proceeding suitable to this engagement , he doth observe that in two days onely of twelve , this business was thought of , and not begun till his majesty by a message put you in minde of it , whilest your inquisition against his majesties direction proceeded day by day . and for the measure of this supply , his majesty findeth it so far from making himself safe at home and feared abroad , as contrariwise it exposeth him both to danger and disesteem ; for his majesty cannot expect without better help , but that his allies must presently disband , and leave him alone to bear the fury of a provoked and powerful enemy : so as both he and you shall be unsafe at home , and ashamed and despised abroad . and for the manner of the supply , it is in it self very dishonourable , and full of distrust ; for although you have avoided the literal word of a condition , whereof his majesty himself did warn you when he told you of your parenthesis , yet you have put to it the effect of a condition , since the bill is not to come into your house until your grievances be both preferred and answered . no such thing was in that expression and engagement delivered by your speaker , from which his majesty holdeth that you have receded both in matter and manner to his great disadvantage and dishonour . and therefore his majesty commandeth that you go together , and by saturday next return your final answer , what further supply you will add to this you have already agreed on , and that to be without condition , either directly or indirectly for the supply of these great and important affairs of his majesty , which for the reasons formerly made known unto you , can endure no longer delay ; and if you shall not by that time resolve on a more ample supply , his majesty cannot expect a supply this way , nor promise you to sit longer together ; otherwise , if you do it , his majesty is well content , that you shall sit so long as the season of the year will permit ; and doth assure you , that the present addition to your supply to set forward the work , shall be no hinderance to your speedy access again . his majesty hath commanded me to add this , that therein he doth expect your chearfull obedience , which will put a happy issue to this meeting , and will enable his majesty , not onely to a defensive war , but to imploy his subjects in foreign actions , whereby will be added to them both experience , safety , and honor . last of all , his majesty hath commanded me in explanation of the gracious goodness of his royal intention , to say unto you , that he doth well know , that there are amongst you many wise and well tempered men , well affected to the publick and to his majesties service , and that those that are willingly faulty , are not many ; and for the rest his majesty doubteth not , but after his gracious admonition , they will in due time observe and follow the better sort ; which , if they shall do , his majesty is most ready to forget whatsoever is past . then his majesty spake again , i must withall put you in minde a little of times past ; you may reremember , that in the time of my blessed father , you did with your counsel and perswasion perswade both my father and me to break off the treaties ; i confess i was your instrument , for two reasons ; one was , the fitness of the time ; the other , because i was seconded by so great and worthy a body , as the whole body of parliament ; then there was no body in so great favor with you as this man whom you seem now to touch , but indeed , my fathers government and mine . now that you have all things according to your wishes , and that i am so far ingaged , that you think there is no retreat ; now you begin to set the dice , and make your own game ; but i pray you be not deceived , it is not a parliamentary way , nor it is not a way to deal with a king. mr cook told you , it was better to be eaten up by a foreign enemy , then to be destroyed at home ; indeed , i think 't is more honor for a king to be invaded , and almost destroyed by a foreign enemy , then to be despised by his own subjects . remember that parliaments are altogether in my power for their calling , sitting , and dissolution ; therefore , as i finde the fruits of them good or evil , they are to continue or not to be ; and remember , that if in this time , instead of mending your errors , by delay you persist in your errors , you make them greater and irreconcileable : whereas , on the other side , if you do go on cheerfully to mend them , and look to the distressed state of christendom , and the affairs of the kingdom as it lieth now by this great engagement ; you will do your selves honor , you shall encourage me to go on with parliaments ; and i hope all christendom shall feel the good of it . the commons upon the debate of what fell from his majesty and the lord keeper , turned the house into a grand committee , ordered the doors to be locked , and no member to go forth ; and that all proceedings in all other committees shall cease till the house come to a resolution in this business . his majesty being informed that some things in his own speeches and the lord keepers declaration were subject to misunderstanding ; commanded the duke to explain them at a conference of both houses in the painted-chamber , held for that purpose . whereas it is objected by some who wish good correspondency betwixt the king and people , that to prefix a day to give , or to break , was an unusual thing , and might express an inclination in the king to break ; to remove this , as his majesty was free from such thoughts he hath descended to make this explanation . that as his majesty would not have you condition with him directly or indirectly , so he will not lye to a day , for giving further supply ; but it was the pressing occasion of christendom that made him to pitch upon a day . his majesty hath here a servant of the king of denmark , and another from the duke of weymer , and yesterday received a letter from his sister the queen of bohemia ; who signified , that the king of denmark hath sent an ambassador with power to perfect the contract which was made at the hague ; so it was not the king , but time and the things themselves that pressed a time . therefore his majesty is pleased to give longer time , hoping you will not give him cause to put you in minde of it again , so that you have a greater ▪ latitude , if the business require to think further of it . i am commanded further to tell you , that if his majesty should accept of a less sum then will suffice , it will deceive your expectations , disappoint his allies , and consume the treasure of the kingdom : whereas if you give largly now , the business being at the crisis , it comes so seasonably , it may give a turn to the affairs of christendom . but while we delay and suffer the time to pass , others abroad will take advantage of it , as the king of spain hath done by concluding a peace , as 't is though , in italy for the vatoline , whereby our work is become the greater , because there can be no diversion that way . as it was a good rule to fear all things and nothing , and to be liberal was sometimes to be thrifty ; so in this particular , if you give largly , you shall carry the war to the enemies door , and keep that peace at home that hath been : whereas , on the contrary , if you draw the war home , it brings with it nothing but disturbance and fear , all courses of justice stopt , and each mans revenues lessened , and nothing that can be profitable . another explanation i am commanded to make touching the grievances , wherein his majesty means no way to interrupt your proceedings , but hopes you will proceed in the antient wayes of your predecessors ; and not so much seek faults , as the means to redress them . i am further commanded to tell you , that his majesty intends to elect a committee of both houses , whom he will trust to take the view of his estate , the defects whereof are not so fit for the eyes of a multitude ; and this committee will be for your ease , and may satisfie you without casting any ill odour on his government , or laying open any weakness that may bring shame upon us abroad . that which is proposed is so little , that when the payment comes , it will bring him to a worse estate then now he is in ; therefore wishes you to enlarge it , but leaves the augmentation to your selves ; but is sorry , and touch'd in conscience , that the burthen should lie on the poorest , who want too much already ; yet he will not prescribe , but wish , that you who were the abettors and counsellors of this war , would take a greater part of the burthen to your selves ; and any man that can finde out that way , shall shew himself best affected , and do the best service to the king and state. the duke then made his address to them in his own behalf . my lords and gentlemen , you were all witnesses yesterday how good and gratious a master i serve ; and i shall be likewse glad that you be witnesses how thankful a heart i have . and i protest i have a heart as full of zeal to serve my master , as any man ; and it hath been my study to keep a good correspondency betwixt the king and his people : and what ever thought hath been entertained of me , i shall not alien my heart from that intention , but shall adde spurs to my endeavours and actions , to vindicate my self from ill opinion . and however i lye under the burthen of the same , it lies in your hands to make me happy , or not ; and for my part , i wish my heart and actions were known to you all ; then i assure my self , you would resume me to your good opinions . when i had with some hazard waited on my master into spain , it is well known what testimony i gave of my religion ; and no man that comes to a true and near view of my action , can justly charge me . let me be excused , if i give accompt of this particular when i should speak of the general ; for this goes near my heart , and to dissemble with my conscience , no ends of fortunes in the world can make me do it : for if i had any ill inclination , i had such offers made to me in spain , as might have tempted me . if i would have been converted my self , i might have had the infanta to put in my masters bed ; and if my discontent should have risen here , i might have had an army to have come with me : but i thought the offer foolish , ridiculous , and scornful , in that point of religion . i will now take the boldness to speak a little in the general business ; and i call it boldness to speak after one who did so well the other day : but i had rather suffer in my own particular , then not refresh your memories with that which is materially needful . i shall not need to reflect so far back as to the beginning of those counsels which engaged my master into the war , they are well known ; onely i will so far touch it , as to say , that the last years preparations were not voluntary , or out of wantonness , but out of necessity . my master had good intelligence that the king of spains eye was malitiously bent this way , which had been pursued accordingly , if the employment of the low-countrymen to the bay of todos los santos had not diverted it . now for the counsel which was used for sending out the fleets , i will refer you to the relation of the lord conway , who as well in this as other resolutions , can tell you , that nothing was carried with single councils : and for my self , i know that in all those actions no man can stand up against me , to say that i ever did go with single councils , or made breach of any ; but have been an obedient servant and minister unto their resolutions : the proof whereof will appear in a journal thereof which my lord conway keeps . i confess all councils were not ever as your selves would , nor have wished they should ; if you had known them as my master did , in whom the former affairs of state had bred such affections , that the business being altered , they were not to be trusted with the change. i will now give you an accompt of all my negotiations , since my being at oxford , both at home and abroad ; and because there it was charged , that those things were carried with single counsels , i was more careful to advise the king to have his counsel with him in the country , being to enter into war with an active king. and for my part i did diligently wait on the council , left all recreations , all personal occasions , studying to serve my master , and to gain the good opinion of both houses . the council of woodstock generally advised the going out of the fleet. and though it were objected that the season were not fit , yet the action shewed the contrary , for they all arived in safety . and for what was also objected , that the provision was not good , experience tells you the contrary ; for the preparations were all good in quality and proportion . and if the success were not such as any honest man could wish , i hope i shall not be blamed , being not there in person , though i made the greatest suit for it to my master , that ever i did for any thing : but his majesty thought my service more useful in the low-countreys , to comfort his sister , and to treat with the kings o● denmark , sweden , and the states . and though the success ( as i said ) of the fleet were not answerable to the desires of honest men ; yet it had these good effects , first , it put our enemy to great charge in fortifying his coasts ; secondly , they took so many ships as caused many of his merchants to break , whereby the army in flanders suffered much ; and lastly , they could carry no treasure out to pay their forces in flanders . and for omissions of what more might have been done , i leave that to its proper place and time , and let every man bear his own burden . from oxford the council went to southampton , where the states ambassadors did wait often on the king and council , and a league offensive and defensive betwixt us and them was thought fit to be resolved on ; whereof some reasons i will express , but not all . first , they are of our own religion ; secondly , they are our near neighbors , for situation so useful , as when they are in distress , it is policy in us to give them relief ; therefore the king thought fit to do it in such manner , as might lay an obligation on them ; which if it had not been done , they had been pressed with a long war , and such a faction among themselves , as if the king had not joyned , and in a manner appeared their protector , they had broke among themselves . and in this the kings care was not onely of them , but of all christendom , and of his own particular . for as before he onely assisted them , his majesties care now used arguments to draw them to contribution ; so that they bear the fourth part of the charge of the war at sea , according to such conditions as by the lord chamberlain you have heard . this league being perfected betwixt the states and us , his majesty by advice of his council thought fit to send me to get such a league with the other princes as i could : the rendezvous was in the low-countreys , being in a manner the centre for repair for england , france , and germany ; i had latitude of commission to make the league with most advantage i could . now i had discovered from monsieur b. the french ambassador here , that a league offensive and defensive would be refused ; and i found the king of denmark shie , and loth to enter into such a league against the king of spain ; and so partly out of necessity , and partly out of reason of state , i was forced to conclude the league in general terms , for the restoring of the liberty of germany , without naming the king of spain , or the emperor , that other princes might come in ; and this to continue till every one had satisfaction , and nothing to be treated of , debated , or concluded on , but by consent of all parties . it did appear , that the charge was so great , that the kingdom could not endure it ; and therefore i endeavored in the low-countreys to lessen it , and so the sea charge was helped , and the land assistance given unto them , is to cease six moneths hence , which the lord conway said was to end in september next . also by this treaty it is conditioned with the king of denmark , that when my master shall by diversion equal to this contribution with his own subjects , enter into an action , then this charge to cease : or if the king of france may be drawn in , of which there is great hope ( though he hath now made peace in italy ) for that the policy of france may not give way unto the greatness of the house of austria , and ambition of spain , whose dominions do grasp him in on every side . and if the business be well carried , his engagement to the king of denmark may draw him in ; so there is great possibility of easing our charge . but all is in the discreet taking of the time ; for it not , we may think the king of denmark will take hold of those fair conditions which are each day offered him ; and then the enemies army will fall upon the river of elve , and ( the lord conway added ) upon east-friezland , from whence they would make such progress , as ( in my poor experience ) would ruine the low-countreys . and thus i think i have satisfied all of you , or at least given an account of my negotiation in the low-countreys , with the king of denmark , sweden , and the rest . i should be glad before i end , to say somewhat of my self , but i shall request your favorable construction , for i have been too long already ; but i fear i shall offend , and therefore i will restrain my self to generals . if in any of these employments , my errors may be shewed me , i shall take him for my best friend that will manifest them in particulars ; i have bent all my thoughts on nothing but my masters honor , the service of the state , and safety of them both . i never had any end of mine own , and that may be perceived and proved by the expence of mine own estate . i am ashamed to speak it , and it would become another mans tongue better then mine own . my journey into spain , was all at mine own charge ; my journey into france , was at my masters charge ; my journey into the low-countreys , was all at mine own charge . i am accused by common fame , to be the cause of the loss of the narrow seas , and the damage there sustained . that i can say , is this , since the war begun with spain , i have always had twelve ships on the coasts , and allowance but for four , the rest my own care supplied . and for the office of admiral , when i came first to it , i found the navy weak , not neglected by my noble predecessor ( for i cannot speak of him , but with honor ; and i shall desire to go to my grave with the honor he carried hence ) but by the not paying of moneys in time , there were such defects his care could not prevent ; that if the war had then broken out , there would have been found few ships , and those unserviceable . i was first perswaded to take this office by perswasion of sir robert munseld , and though i objected i was yong , and unexperienced , yet he said that by my favor with my master , i might do more good in procuring payment for that charge . and because i was yong and unexperienced , i took advice , as i do in all things , and am not ashamed of it . i desired my master to grant a commission as it were over me . i have found a great debt , the ships defective , and few in number , the yearly charge of fifty four thousand pounds , which was brought to thirty thousand pounds per annum ; we built every year two ships , and when so many were built as were requisite , we brought it to two and twenty thousand pounds per annum , which comes not to my hands , but goes into its proper streams , and issues from the officers to that purpose deputed . now if any can shew me a project , how to maintain war against spain , flanders , and the turkish pirates , with less charge , he shall do a great work and good service : i have had sometimes twenty , sometimes thirty ships , though sometime disastred by tempest , which disperst the hollanders ships , and caused them to cut their masts , and forsake their anchors . there are now twelve ships victualled for two moneths ; and though many reports have been , that they do not do their duty , yet i have advertised them thereof from time to time , and finde no such fault in them . there are thirty ships more at plimouth , victualled for six moneths , and ten more ready , so soon as they may be victualled : i have been so frugal of making use of the old remain , that there is no need of ammunition , or other necessaries . besides all these , there are twenty ships to come from the low-countreys ; so you have twelve , twenty , thirty , and ten more , which i think you have not heard of . and therefore if any have blamed me , i do not blame him , but think he hath done well ; but when you know the truth , and when all this shall appear , i hope i shall stand right in your opinions . gentlemen , it is no time to pick quarrels one with another ; we have enemies enough already , and therefore more necessary to be well united at home . follow not examples , at least not ill examples of gondomar and ynojosa , who would have had my head , when you thought me worthy of a salute . now though i confess there may be some errors , i will not justifie my self ; yet they are not such gross defects , as the world would make them appear . i desire they may be admitted cum nota. they are no errors of wilfulness , nor of corruption , nor oppressing of the people , nor injustice , but the contrary ; and then may i say , for what good done by me , do i suffer ? and now i might answer more particulars , but i have been long , and so will forbear ; and will conclude , if your supply answer not your promises and engagements to my master ; you will make this place which hath been in peace when others were in war , the seat of war when others are in peace . now gentlemen , you that were antient parliament-men when this council was first given , strive to make good your own engagement , for the honor of your king , and your own safety . let religion , in which i would be glad to be more watchful and industrious then any , unite your hearts both at home and abroad ; and you that are yong men , may in these active times gain honor and reputation , which is almost sunk , and gain the antient glory of your predecessors : and remember it is for restoring to her inheritance , the most viruous lady i think in the world. i have nothing more , but to intreat your charitable opinion of me and my actions . for the further vindicating of the duke , the lord conway stood up and said , that whereas divers jealousies have been raised in the house , that the moneys have been expended unusefully and without council ; himself who was the onely secretary , and had the hand in guiding the business , could best give an accompt of it . when king iames of glorious memory , at the request of both houses , had broken both the treaties , he considered how to maintain the war ; for he saw that the king of spain was awaked , and that the palatinate must be got by the sword , and that spain would oppose it with all the power they could ; and computing the charges , found the subsidies granted too short ; for that it could not be done without an army of five and twenty thousand foot , and five thousand horse , which would amount to six hundred thousand pounds for the armies yearly , and three hundred thousand pounds for the navy ; but finding all his means short , and as the proverb is , not knowing of what wood to make his arrows to hit the mark withal , count mansfield stirred up by his own judgment came over and made overture , that for twenty thousand pounds a moneth he would raise an army of thirty thousand men , and draw in the french king , denmark , sweden , venice , savoy , the cantons of the switzers perhaps , and some other german princes , and raise a war in alsatia , of great consequence to make a diversion . now about this time the council of austria resolved to call a dyet , and exclude the count palatine , and put in a popish elector ; and for that end offered a general peace in germany , and so left not a crevice to look into for assistance ; but if any of them should aid the count palatine , he should be out of the peace . the king accepts mansfields offer , conditionally that he draw in the french king : so mansfield went over into france , and the king by advice of his council sent ambassadors into france , denmark , venice , savoy , and cantons of the switzers , from whom he received cold answers ; for king iames had stood so long on terms of peace , as they doubted he would not be brought to enter into war. but count mansfield procured the king of france to contract to receive our troops , with promise to enter into the war , upon condition it might be regulated by the council of the french king and england . this favor to count mansfield , that france agreed that his armies should joyn with the kings troops , wrought the princes of germany to believe , that the king would enter into a war. thereupon the imperialists left their dyet , and sent tilly to friezland , and to take up the river of embden ; which if he had obtained , they would have trampled the low-countreys under foot , and would have become governors of the sea. upon this the king of denmark sent to our king , and offered to raise an army of thirty thousand men , if our king would allow thirty thousand pounds a moneth , and said , he would admit no time of respite ; for if tilly had not been presently met and headed , all had been lost . whereupon our king called a counsel , and appointed commissioners ; and from that time all the warrants for the issuing of the moneys , were all under the kings own hand to the council of war , and from them to the treasurers ; and the warrants were from the lords of the council for the levying of men , and for coats and conduct-money . a list whereof is hereunder specified . thereupon the duke asked the question , whether any thing was done by single council . to which the lord conway answered , no. for the treaty of denmark , project of count mansfield , treaties with france , and the business of the navy , were done all by the king himself ; and who can say it was done by single council , when king iames commanded it , whose council every man ought to reverence , especially in matters of war , whereunto that king was not hasty ? the total of moneys paid by warrants of the treasurers of the subsidy money . in toto for the four regiments of the low-countries , from the thirtieth of iune , . till the one and twentieth of iuly , . l. s. d. for the navy , from the thirteenth of iuly , . till the three and twentieth of december . l. s. d. for the office of the ordinance and forts in england , from the twentieth of iuly , . till the fifteenth of iune , . l. s. d. to defray charges for forts in ireland , about october , . l. s. d. for the service under count mansfield ; for provisions of arms ; transporting of soldiers , from the fourth of october , . till the tenth of december , . l. s. d. sum total l. s. d. memorandum , that over and above the several services before specified , and the several sums issued , and to be issued by our warrants for the same , we did long since resolve and order accordingly , that out of the moneys of the second and third subsidies , these further services should be performed , and moneys issued accordingly , viz. in full of the supply of all the forts and castles before-mentioned ( surveyed per sir richard morison , sir iohn ogle , sir iohn kay , in september , . ) with all sorts of munitions according to several proportions and warrants for the same — l. in full for the reparations of all the said forts and castles according to the said survey — l. s . d. but the said subsidies being not like to afford means to perform these so necessary works , we humbly commend the supply of what shall be wanting for the same unto your majesties princely consideration . whilest the commons were inquiring into publick grievances , the lords represented to the king a grievance to their own order in this following petition . to the kings most excellent majesty . the petition of your ever loyal subjects , the lords spiritual and temporal now in parliament assembled . in all humility sheweth ; that whereas the péers and nobility of this your kingdom of england , have heretofore in civility yeilded as to strangers precedency , according to their several degrées , unto such nobles of scotland and ireland , as being in titles above them , have resorted hither . now divers of the natural born subjects of those kingdoms resident here with their families , and having their cheif estates among us , do by reason of some late created dignities in those kingdoms of scotland and ireland , claim precedency of the péers of this realm , which tends both to the disservice of your majesty , and these realms , and to the great disparagement of the english nobility , as by these reasons may appear . i. it is a novelty without president , that men should inherit honors where they possess nothing else . ii. it is injurious to those countreys from whence their titles are derived , that they should have a uote in parliament , where they have not a foot of land. iii. it is a grievance to the country where they inhabite , that men possessing very large fortunes and estates , should by reason of foreign titles , be exempted from those services of trust and charge , which through their default become greater pressures upon others who bear the burthen . iv. it is a shame to nobility , that persons dignified with the titles of barons , viscounts , &c. should be obnoxious and exposed to arrest , they being in the view of the law no more then méer plebeians . we therefore humbly beséech your majesty , that you will be pleased according to the examples of the best princes and times , upon consideration of these inconveniencis represented to your majesty , by the nearest body of honor to your majesty , that some course may be taken , and an order timely setled therein by your princely wisdom , so as the inconvenience to your majesty may be prevented , and the prejudice and disparagement of the péers and nobility of this kingdom be redressed . to this petition the king gave answer , that he would take order therein . the earl of bristol who continued under restraint , and was debarred access to his majesty ever since his return out of spain , had been examined touching his negotiation there , by a committee of lords appointed by the king. certain propositions were tendred unto him in order to his release , and composing of that affair , concerning which he had written to the lord conway , and about this time received the ensuing letter from him . the lord conway to the earl of bristol . my lord , i received a letter from your lordship , dated the fourth of this moneth , written in answer to a former letter which i directed to your lordship by his majesties commandment . this last letter according to my duty i have shewed unto his majesty , who hath perused it , and hath commanded me to write back to you again , that he findes himself nothing satisfied therewith . the question propounded to your lordship from his majesty , was plain and clear , whether you did rather chuse to sit still without being questioned for any errors past in your negotiation in spain , and enjoy the benefit of the late gratious pardon granted in parliament , whereof you may have the benefit : or whether for the clearing of your innocency ( whereof your self and your friends and followers are so confident ) you will be content to wave the advantage of that pardon , and put your self into a legal way of examination for the tryal thereof ? his majesties purpose thereby , is not to prevent you of any favors the law hath given you ; but if your assurance be such as your words and letters import , he conceives it stands not with that publick and resolute profession of your integrity to decline your tryal . his majesty leaves the choice to your self , and requires from you a direct answer without circumlocution or bargaining with him for future favors beforehand ; but if you have a desire to make use of that pardon which cannot be denied you , nor is any way desired to be taken from you , his majesty expects you should at the least forbear to magnifie your service , and out of an opinion of your innocency , cast an aspersion upon his majesties iustice , in not affording you that present fulness of liberty and favor which cannot be drawn from him , but in his good time and according to his good pleasure . thus much i have in commandment to write to your lordship , and to require your answer clearly and plainly by this messenger sent on purpose for it , and so i remain whitehal , march. . your lordships humble servant edw. conway . my lord , i have received your letter of the four and twentieth of march , the twenty eighth ; and i am infinitely grieved to understand that my former answer to yours of the fourth of march , hath not satisfied his majesty , which i will endeavor to do by this , to the best of my understanding ; and to that end shall answer to the particular points of your present letter , with the greatest clearness i am able . first , whereas you say in your letter , that the question propounded to me was plain and clear , viz. whether i would chuse to sit still without being questioned for any errors past in my negotiation in spain , and enjoy the benefit of the late gratious pardon , whereof i may take the benefit ? or whether being contented to wave the advantage of that pardon , i should put my self into a legal way of examination for the tryal thereof ? &c. first , your lordship may be pleased to remember , that your last proposition was , whether i desired to rest in the security i was in , which you now express , whether i will chuse to sit still ? secondly , your proposition was , whether i would acknowledge the gratious favor of his majesty that now is , who had been pleased not to question my actions ; when it is best known to your lordship , that by a commission of the lords , i was questioned upon twenty articles , divers involving felony and treason . although it be true , that when i had so answered ( as i am confident their lordships would have cleared me ) i was so unhappy as their lordships never met more about that business . but now your proposition is , whether i will now chuse to sit still without being further questioned for errors past , whereas before it was required i should acknowledge that i had not been questioned at all , which is a different thing ? but conferring both your letters together , and gathering the sense and meaning by making the latter an explanation of the former , which i could have wished your lordship would have more clearly explained , i return unto your lordship this plain and direct answer . that understanding by the security i am in , and sitting still , and not being further questioned , i am restored to the bare freedom and liberty of a subject and peer ( for a man being called in question by his majesty , if after his majesty shall be pleased out of his goodness , that he rest quiet and secure , and that he shall not be further questioned , i conceive that it is not apparent that his liberty naturally revolveth unto him , when by his majesties grace he is pleased to declare , he shall not be further questioned , but may live in further security . ) so that understanding your letter in this sort ( for no direct answer can be made , until the sense of the question be truly slated ) i do most humbly acknowledge and accept his majesties grace and favor , and shall not wave any thing that shall come to me by the pardon of the jac. regis , nor by the pardon of his majesties coronation ; and am so far from bargaining , as you are pleased to express it for future favor ( though i hope my humble and submissive courses of petitioning his majesty , neither hath nor shall deserve so hard an expression ) that i shall not presume so much as to press for any favor , until my dutiful and loyal behavior may move his majesties royal and gratious heart thereunto , but receive with all humbleness this my freedom and liberty ; the which i shall onely make use of in such sort , as i shall judge may be most agreeable to his majesties pleasure . as for the second part of your letter , wherein you say , that if i desire to make use of that pardon , his majesty expects that i should at least forbear to magnifie my services ; or out of an opinion of my own innocency cast an aspersion upon his majesties iustice. to this point i answer , that as i hope i shall never erre in that sort of immodesty of valuing my services , which i acknowledge to have been accompanied with infinite weaknesses and disabilities ; so i trust it shall not displease , that i make use to mine own comfort , and the honor of my posterity , of those many written testimonies which my late most blessed master hath left me , of his gratious acceptance of my services for the space of twenty years . so likewise i hope the modest avowing of mine innocency will not be thought to cast any aspersion upon his majesties honor or iustice. i most freely confess unto your lordship , i am much afflicted to see inferences of this nature made , both in your lordships last letter , and in this . for if it shall be inferred as a thing reflecting upon the kings honor , that a man questioned , shall not endeavor to defend his own innocency , before he be convict , it will be impossible for any man to be safe ; for the honor of his majesty is too sacred a thing for any subject , how innocent soever , to contest against . so likewise , god forbid that it should be brought into consequences , ( as in your former letter ) as a tax upon the government and iustice of his late majesty , and majesty that now is , that i should have suffered so long time , not being guilty . for as i never have been heard so much as to repine of injustice in their majesties in all my sufferings , so i well know , that the long continuance of my troubles may well be attributed unto other causes ; as to my own errors of passion , or other accidents : for your lordship may well remember , that my affairs were almost two years since upon the point of a happy accommodation , had it not been interrupted by the unfortunate mistaking of the speeches i used to mr. clark. i shall conclude by entreating your lordships favor , that i may understand from you , as i hope for my comfort , that this letter hath given his majesty satisfaction ; or if there should yet remain any scruple , that i may have a clear and plain signification of the kings pleasure , which i shall obey with all humility . your lordships humble servant , bristol . the earl of bristol petitions the house of lords , shewing , that he being a peer of this realm , had not received a summons to parliament , and desires their lordships to mediate with his majesty , that he may enjoy the liberty of a subject , and the priviledge of his peerage , after almost two years restraint , without being brought to a tryal . and if any charge be brought in against him , he prayeth that he may be tryed by parliament . the business is referred to the committee of priviledges , and the earl of hartford reported from that committee , that it is necessary that their lordships humbly beseech his majesty , that a writ of summons may be sent to the earl of bristol ; as also to such other lords whose writs are stopped , except such as are made uncapable to sit in parliament , by judgment of parliament , or some other legal judgment . hereupon the duke signified to the house , that upon the earl of bristols petition to the king , his majesty had sent him his writ of summons : and withal , he shewed to the lords the copy of a letter written from the king unto the said earl , being as followeth . we have received your letter addressed unto us by buckingham , and cannot but wonder , that you should through forgetfulness make request to us of favour , as if you stood evenly capable of it , when you know what you behaviour in spain deserved of us , which you are to examine by the observations we made , and know you well remember ; how at our first coming into spain , taking upon you to be so wise as to foresee our intention to change our religion , you were so far from disswading us , that you offered your advice and secresie to cocurre in it ; and in many other conferences pressing to shew how convenient it was to be a roman catholick ; it being impossible in your opinion to do any great action otherwise : and how much wrong , disadvantage , and disservice you did to the treaty , and to the right and interest of our dear brother and sister , and their children ; what disadvantage , inconvenience and hazard you intangled us in by your artifices , putting off and delaying our return home ; the great estimation you made of that state , and the low price you set this kingdom at , still maintaining , that we under colour of friendship to spain , did what was in our power against them , which you said they very well knew : and last of all , your approving of those conditions , that our nephew should be brought up in the emperors court ; to which sir walter ashton then said , that he durst not give his consent , for fear of his head ; you replying unto him , that without some such great action , neither marriage nor peace could ●e had . upon the receipt of the writ , bristol again petitions the house of lords , and annexes to his petition the lord keepers letter , and his own answer thereto , and desires to be heard in accusation of the duke . the humble petition of iohn earl of bristol . humbly shewing unto your lordships , that he hath lately received his writ of parliament , for which he returneth unto your lordships most humble thanks , but ioyntly with it a letter from my lord keeper , commanding him in his majesties name to forbear his personal attendance ; and although he shall ever obey the least intimation of his majesties pleasure , yet he most humbly offereth unto your lordships wise considerations , as too high a point for him , how far this may trench upon the liberty and safety of the peers , and the authority of their letters patents , to be in this sort discharged by a letter missive of any subject without the kings hand : and for your lordships due information , he hath annexed a copy of the said lord keepers letter , and his answer thereunto . he further humbly petitioneth your lordships , that having been for the space of two years highly wronged inpoint of his liberty , and of his honor , by many sinister aspersions which have been cast upon him , without being permitted to answer for himself ; which hath been done by the power and industry of the duke of buckingham , to keep him from the presence of his majesty and the parliament , l●st he should discover many crimes concerning the said duke . he therefore most humbly beseecheth , that he may be heard both in the point of his wrong , and of his accusation of the said duke : wherein he will make it appear how infinitely the said duke hath both abused their majesties , the state , and both the houses of parliament . and this he is most confident will not be denied , since the court of parliament never refuseth to hear the poorest subject seeking for redress of wrongs , nor the accusation against any , be he never so powerfull : and herein he beseecheth your lordships to mediate to his majesty for the suppliants coming to the house in such sort as you shall think fitting ; assuring his majesty , that all he shall say shall not onely tend to the service of his majesty and the state , but highly to the honor of his majesties royal person , and of his princely vertues : and your suppliant shall ever pray for your lordships prosperity . the lord keeper to the earl of bristol , march . . my very good lord , by his majesties commandment i herewith send unto your lordship your writ of summons for the parliament ; but withal signifie his majesties pleasure herein further , that howsoever he gives way to the awarding of the writ ; yet his meaning is thereby , not to discharge any former directions for restraint of your lordships coming hither , but that you continue under the same restriction as you did before ; so as your lordships personal attendance is to be forborn , and therein i doubt not but your lordship will readily give his majesty satisfaction ; and so i commend my service very heartily unto your lordship , and remain your lordships assured friend and servant , tho. coventry , c.s. dorset-court , march . . his answer to the lord keeper . may it please your lordship , i have received your lordships letter of the of march , and with it his majesties writ of summons for the parliament : in the one his majesty commandeth me , that all excuses set aside , upon my faith and allegiance i fail not to come to attend his majesty : and this under the great seal of england . in the other , as in a letter missive , his majesties pleasure is intimated by your lordship , that my personal attendance should be forborn ; i must crave leave ingenuously to confess unto your lordship , that i want judgement rightly to direct my self in this case ; as likewise that i am ignorant how far this may trench upon the priviledges of the peers of this land , and upon mine and their safety hereafter : for if the writ be not obeyed , the law calleth it a misprission , and highly fineable , whereof we have had late examples ; and a missive letter being avowed or not , is to be doubted would not be adjudged a sufficient discharge against the great-seal of england : on the other side , if the letter be not obeyed , a peer may de facto be committed upon a contempt , in the interim , and the question cleared , afterwards ; so that in this case it is above mine abilities . i can onely answer your lordship , that i will most exactly obey ; and to the end i may understand which obedience will be in all kindes most suitable to my duty , i will presently repair to my private lodging at london , and there remain , until in this and other causes i shall have petitioned his majesty , and understand his further pleasure . for the second part of your lordships letter , where your lordship saith , that his majesties meaning is not thereby to discharge any former directions for restraint of your lordships coming hither , but that you continue under the same restriction as before , so that your lordships personal attendance here is to be forborne : i conceive your lordship intendeth this touching my coming to parliament onely ; for as touching my comning to london , i never had at any time one word of prohibition , or colourable pretence of restraint ; but on the contrary , having his late majesties express leave to come to london to follow my affairs , out of my respect to his majesty then prince , and to the duke of buckingham , i forbore to come until i might know whether my coming would not be disagreeable unto them ; whereunto his majesty was pleased to answer both under the hand of the duke , and of mr secretary conway , that he took my respect unto him herein in very good part , and would wish me to make use of the leave the king had given me : since which time i never received any letter or message of restraint ; onely his majesty by his letter bearing date june the last , commandeth me to remain as i was in the time of the king his father , which was with liberty to come to london to follow mine own affairs as i pleased , as will appear unto your lordship , if you will afford me so much favor as to peruse them . i have writ this much unto your lordship , because i would not through misunderstanding fall into displeasure by my coming up , and to intreat your lordship to inform his majesty thereof : and that my lord conway , by whose warrant i was onely restrained in the late kings time of famous memory , may produce any one word . that may have so much as any colourable pretence of debarring my coming up to london . i beseech your lordship to pardon my desire to have things clearly understood , for the want of that formerly hath caused all my troubles ; and when any thing is misinformed concerning me , i have little or no means to clear it ; so that my chief labor is to avoid misunderstanding . i shall conclude with beseeching your lordship to do me this favor , to let his majesty understand that my coming up is onely rightly to understand his pleasure , whereunto i shall in all things most dutifully and humbly conform my self : and so with my humble service to your lordship , i recommend you to gods holy protection , and remain , your lordships most humble servant . bristol . sherborn , april . . hereupon the lord keeper delivered this message from the king to the house of lords . that his majesty hath heard of a petition preferred unto this house by the earl of bristol , so void of duty and respects to his majesty , that he hath great cause to punish him ; that he hath also heard with what duty and respectfulness to his majesty their lordships have proceeded therein , which his majesty conceiveth to have been upon the knowledge they have , that he hath been restrained for matters of state ; and his majesty doth therefore give their lordships thanks for the same , and is resolved to put the cause upon the honor and justice of their lordships and this house . and therefore his majesty commanded him ( the lord keeper ) to signifie to their lordships his royal pleasure , that the earl of bristol be sent for as a delinquent to answer in this house his offences , committed in his negotiations before his majesties being in spain , and his offences since his majesties coming from spain , and his scandalizing the duke of buckingham immediately , and his majesty by reflection , with whose privity and by whose directions the duke did guide his actions , and without which he did nothing . all which his majesty will cause to be charged against him before their lordships in this house . the lords appointed a committee to attend the king , and to present their humble thanks to his majesty for the trust and confidence he had placed in the honor and justice of their house . about this time the marshal of middlesex petitioned to the committee of the house of commons , touching his resistance in seising of priests goods . a warrant was made by mr attorney general to iohn tendring marshal of middlesex , and other therein named , to search the prison of the clink , and to seise all popish and superstitious matters there found . a letter also was directed to sir george paul a justice of peace in surrey , to pray him to take some care and pains to expedite that service . on good friday , april . sir george paul was ready by six a clock in the morning , five or six constables being charged , and about an hundred persons to aid and assist them . the marshall being attended with the persons named in the warrant , and divers others of his own servants , and the aid being provided by sir george paul , came to the clink , and finding a door open without any porter or door-keeper at all , entred without resistance at the first appearing : but immediately upon discovery of his purpose , the concourse of people without , and his unexpected entrance giving occasion thereto , the porter steps up , shuts the door , and keeps the marshal and some few that entred together with him , within , and his aid without , resisting them that would enter , their warrant being shewed notwithstanding , until by force another door was broken open , by which the other persons named in the warrant , the marshals men with the constables , and others appointed for their assistance with halberts did enter also , leaving sufficient company without to guard the three several doors belonging to the house . being within , the marshall gave direction to his followers to disperse themselves into several parts of the house , to the end , that whilest he did search in one part , the other parts and places might be safely guarded , and so he proceeded in his search ; in the prosecution whereof he found four several priests in the house ; viz. preston , cannon , warrington , prator . preston was committed to the clink about years since , and discharged of his imprisonment about years ago , yet remained there in the prison still , attended with two women servants , and one man servant , who , as it was suspected , had continued with him ever since the gunpowder treason , . the keeping there by himself apart from the keeper of the prison , and had for his lodging three or four several chambers , part of the bishop of winchesters house , into which there was a passage made through the prison yard , no other entrance in or out of the same being discovered ; and he affirmed , that he had a warrant or licence from the lord arch-bishop of canterbury for his residence there , with liberty freely for himself and all company that would resort to him thither . there was found in his chamber five or six cart-loads of books set up with shelves , as in a library or book-sellers shop , supposed to be worth two thousand pounds at least ; besides which , it was affirmed by the keeper of the prison , that he had a far greater library abroad ; for which the keepers examination was taken before sir edm. bower and sir george paul knights , justices of surrey ; wherein it was said , that preston is either licenced , warranted , or protected by the bishop of canterbury , durham or winchester , to that effect . there were also found two altars ready furnished for masse , one more publick in an upper chamber , the other more private in a study ; many rich copes , surplices , wax-candles , crosses , crucifixes very rich , beads , jewels , chains , chalices of silver and of gold , five or six bags of money which were not opened , and loose money to the quantity of l. lay thrown up and down in his desk ; abundance of manuscripts , and a packet of letters bound up together with a thread . in cannon's chamber was found an altar ready furnished with many plates , jewels , church-stuff , and many rich pictures , divers letters and manuscripts , wax-candles , and other such popish materials ; a great deal of his chamber being shelved about , and full of books ; in one of his studies also there wee books set in order upon shelves , as in preston's chamber , to a great value , and a private altar furnished for mass , his hallowed bread ready fitted , and his holy water , which cannon himself cast out into the chimney . in another study of cannon's were found great store of curious tools and engines to work withal , three swords or rapiers , one pistol and a fowling-peece : amongst other things were found pictures of queen elizabeth , king iames , queen anne , and king charls ; the taking whereof , being set apart with other stuff to be removed , did exceedingly move the priest to impatience . of whom also it is to be noted , that he had in his custody all the keepers warrants for commitment of his prisoners , which were found in his chamber , together with some store of plate , which he said was by him kept for the keepers wife . in warrington's chamber were found books , beads , boxes of oil for extreme unction , and such like trash ; but the wall thereof was broken down into another house adjoining to the prison , through which it is conceived that all the rest of warrington's provision was conveyed away , in the interim of the search made in the two former chambers . the fourth priest named prator , was first committed to gloucester-goal , being suspected to be the archbishop of those parts , and lay there till lent-assizes last drew on ; but for fear of the severity of the laws ( as davison and the keeper did affirm ) a warrant was procured by the papists for his remove from gloucester to the clink , where he was found a prisoner . it was informed by the keeper , that this prator brought up from gloucester a gentlewoman who lies in a chamber next adjoining to his lodging , and that he paid two shillings six pence a week for her chamber , and maintained a maid-servant to attend her : it is supposed that this prison is her protection from the lawful proceedings that might be had against her in the country for recusancie . in the porters chamber were found seven or eight popish books . in the keepers lodging was found a closet or study , wherein store of writings , letters , and long catalogues of books were found , with their several prices , one rich picture or crucifix , a picture of mary magdalen ; of which two the keeper affirmed , that one of them cost thirty pounds ; and also many other rich pictures , amongst which one was a picture of an old priest named collington , of whom cannon affirmed in scoffing manner , that that mans beard had done king iames more hurt then an army of ten thousand men could have done . prestons servants being one man , two maids , the gentlewoman that came from gloucester , and her servant , and the keeper himself , and robert davison his man , were all examined before the said justices . during the marshals tarrying in the clink , it was observed , that both preston and cannon used all the means they could to have notice of the matter then in hand given to the lord of canterbury , and were very pensive until they perceived he had notice of it . whereupon they expressed much joy , being assured , as they said , that then there should be nothing removed out of the house . and it came to pass accordingly : for whilest the marshal and his servants were in the search of the third chamber , and had locked up divers other chambers , wherein as it was informed there was store of wealth , church-stuffe , books , and other matters , which would have been found if the search had been prosecuted ; a countermand was brought from the archbishop , and master attorney , whereby the proceeding of that business was staid , and the marshal was forbidden to remove or take away any thing so much as a paper . the keeper and his wife , and the priests did grievously threaten the marshal , and all his assistants with very high tearms , especially with arrests and imprisonments for their attempt in this service ; one of them saying , that they should be imprisoned , as once one harrison a messenger , who for performing the like service in the clink , was committed to the marshalsey , and kept there three years , until in the end he was discharged by an order in the parliament , as is credibly reported . furthermore it is also humbly informed by the said marshal , that upon the twenty second of march last by a like warrant from the lord conway , he did search the bishops prison , called the new prison in maiden-lane in london , where he found six several priests prisoners in several chambers , an altar with all furniture thereto belonging ; with church-books and stuff , which were as much as three porters could carry away , and it is now in the hands of the lord conway ; of which service if this honourable house will call for a more particular accompt , the marshal is ready to give further satisfaction . he humbly prayeth the honourable favour of this house for his encouragement and further abilities to the like services . archbishop of canterbury's letter in behalf of the priests in the clink , directed to master attorney-general . good mr. attorney , i thank you for acquainting me what was done yesterday at the clink : but i am of opinion , that if you had curiously enquired upon the gentleman who gave the information , you should have found him to be a disciple of the iesuites ; for they do nothing but put tricks on these poor men , who do live more miserable lives then if they were in the inquisition in many parts beyond the seas . by taking the oath of allegiance , and writing in defence of it , and opening some points of high consequence , they have so displeased the pope , that if by any cunning they could catch them , they are sure to be burnt or strangled for it . and once there was a plot to have taken preston as he passed the thames , and to have shipt him into a bigger vessel , and so to have transported him into flanders , there to have made a martyr of him . in respect of these things , king james always gave his protection to preston and warrington , as may be easily shewed . cannon is an old man well-affected to the cause , but medleth not with any factions or seditions , as far as i can learn. they complain their books were taken from them , and a crucifix of gold , with some other things , which i hope are not carried out of the house , but may be restored again unto them ; for it is in vain to think that priests will be without their beads , or pictures , models of their saints ; and it is not improbable that before a crucifix they do often say their prayers . i leave the things to your best consideration ; and hope that this deed of yours , together with my word , will restrain them for giving offence hereafter , if so be that lately they did give any . i heartily commend me unto you , and so rest your very loving friend , g. canterbury . by this time the commons had prepared an humble remonstrance to the king , in answer to his majestie 's and the lord keeper's speech . most gracious soveraign , whereas your majesty hath béen pleased of late at sundry times and by several means to impart unto us your royal pleasure touching some passages and procéedings in this present parliament ; we do first with unspeakable joy and comfort acknowledge your majesties grace and favor , in that it hath pleased you to cause it to be delivered unto us by the lord kéeper of your great seal in your own royal presence , and before both houses of parliament , that never king was more loving to his people , nor better affected to the right use of parliaments ; withal professing your most gracious resolution to hear and redress our just grievances . and with like comfort we acknowledge your majesties goodness shining at the very entrance of your glorious reign , in commanding the execution of the laws established to preserve the true religion of almighty god , in whose service consisteth the happiness of all kings and kingdoms . yet let it not displease your majesty , that we also express some sense of just grief intermixed with that great ioy , to sée the careful procéedings of our sincere intentions so misreported , as to have wrought effects unexpected , and we hope undeserved . first , touching the charge against us in the matter concerning mr. cook , we all sincerely protest , that neither the words mentioned in your maiesties message , nor any other of seditious effect were spoken by him , as hath béen resolved by the house without one negative voice . howsoever , in a spéech occasionally uttered , he let fall some few words which might admit an ill construction ; whereat the house being displeased at the delivery of them , as was expressed by a general and instant check , he forthwith so explained himself and his intention , that for the present we did forbear to take them into consideration , which since we have done : and the effect thereof had before this appeared , if by important businesses of your maiesties service we had not béen interrupted . the like interruption did also befall us in the case of doctor turner ; wherein the question being formerly stated , a resolution was ordered to have béen taken that very day , on which we received your maiesties command to attend you . but for our own procéedings , we humbly beséech your maiesty to be truly informed , that before that overture from doctor turner , ( out of our great and necessary care for your honor and welfare of your realm ) we had taken into serious consideration the evils which now afflict your people , and the causes of them , that we might apply our selves unto the fittest remedies : in the pursuit whereof our committées ( whatsoever they might have done ) have in no particular proceeded otherwise , then either upon ground of knowledge in themselves , or proof by examination of witnesses , or other evidence . in which course of service for the publick good , as we have not swerved from the parliamentary ways of our predecessors , so we conceive that the discovery and reforming of errors is so far from laying an aspersion upon the present time and government , that it is rather a great honor and happiness to both , yielding matter to great princes wherein to exercise and illustrate their noblest vertues . and although the grievous complaints of the merchants from all parts , together with the common service of the subiects well-affected to those who profess our religion , gave us occasion to debate some businesses that were partly forein , and had relation to affairs of state ; yet we beseech your maiesty to rest assured , it was exceeding far from our intention either to traduce your counsellors , or disadvantage your negotiations . and though some examples of great and potent ministers of princes heretofore questioned in parliament have been alleadged , yet was it without paralleling your maiesties government , or councils to any times at all , much less to times of exception . touching the letter of your majesties secretary , it was first alleaged by your advocate for his own iustification , and after by direction of the committée produced to make good his allegation . and for the search at the signet office , the copy of a letter being divulged as in your majesties name , with pregnant cause of suspition , both in the body and direction thereof to be supposititious , the committée out of desire to be cléered therein , did by their order send some of themselves to the signet office , to search whither there were any records of letters of that nature , without warrant to the officer for any , much less for a general search . but touching publick records , we have not forborn as often as our businesses have required , to make search into them , wherein we have done nothing unwarranted by the laws of your realm , and the constant usage of parliaments . and if for the ease of their labors , any of our committées have desired the help of the officers , repertories , or breviats of direction , we conceive it is no more then any subject in his own affairs might have obtained for ordinary fées . now concerning your majesties servants , and namely , the duke of buckingham , we humbly beséech your majesty to be informed by us your faithful commons , who can have no private end but your majesties service , and the good of our countrey , that it hath béen the antient , constant , and undoubted right and usage of parliaments , to question and complain of all persons of what degree soever , found grievous to the commonwealth , in abusing the power and trust committed to them by their soveraign . a course approved not onely by the examples in your fathers days of famous memory , but by frequent presidents in the best , and most glorious reigns of your noble progenitors , appearing both in records and histories ; without which liberty in parliament , no private man , no servant to a king , perhaps no counsellor , without exposing himself to the hazard of great enmity and prejudice , can be a means to call great officers into question for their misdemeanors , but the commonwealth might languish under their pressures without redress : and whatsoever we shall do accordingly in this parliament , we doubt not but it shall redound to the honor of the crown , and welfare of your subjects . lastly , we most humbly beseech your majesty gratiously to conceive , that though it hath been the long custom of parliaments to handle the matter of supply with the last of their businesses , yet at this time out of extraordinary respect to your person , and care of your affairs , we have taken the same into more speedy consideration , and most happily on the very day of your majesties inauguration , with great alacrity and unanimous consent : after a short debate , we grew to the resolution for a present supply well-known to your maiesty . to. which , if addition may be made of other great things for your service , yet in consultation amongst us , we doubt not but it will appear , that we have not receded from the truth of our first intention , so to supply you as may make you safe at home , and feared abroad , especially if your maiesty shall be pleased to look upon the way intended in our promise , as well as to the measure of the gift agreed . with like humility we beseech your majesty not to give ear to the officious reports of private persons for their own ends , which hath occasioned so much loss of time , nor to judge our proceedings whilst they are in agitation , but to be pleased to expect the issue and conclusion of our labors , which we are confident will manifest and justifie to your majesty the sincerity and loyalty of our hearts , who shall ever place in a high degree of happiness the performing of that duty and service in parliament , which may most tend to your majesties honor and the good of your kingdom . unto this remonstrance the king said , he could give no present answer , but desired the house to adjourn for a week as the lords had done ; and they adjourned accordingly . in the interim it was intimated in writing to the duke , that he should procure his majesty to signifie to a certain number of lords , that he hath endeavored to divert the charge against the duke , because his majesty hath had sound knowledge and experience of his service and fidelity . that his majesty may let them know , that he is now pleased to reveal some secrets and mysteries of state. that the king his father finding the palatinate more then in danger to be lost , and his majesty being in spain , and there deluded , and his abode and return both unsafe , it was a necessity of state to sweeten and content the spaniard with the hope of any thing which might satisfie and redeem those engagements . and that therefore the king willed the duke to yield discreetly to what he should find they most desired , and this was chiefly the point of religion ; so as in this , and all of the like kind , the duke upon his majesties knowledge was commanded , and but the instrument trusted by the king in this exigent , or if you will say , extremity . upon the same ground , though not in so high a degree , the sending of the ships to rochel may be excused . touching the vast creation of nobility , his majesty may declare that his father who was born a king , and had long experience of that regiment , found that this state inclined much to popularity ; and therefore thought fit to enlarge the number of his nobles , that these being dispersed into several counties , might shine as lamps of soveraignty in protecting their own degrees , and at their own cha●●e inure the people with respect and obedience to greatness . and the king may protest that this was a child of his fathers best judgment , and the duke the instrument thereof . and if you say , there was money many times given for these honors ; nay , if you say , that money hath been given for places of clergy and judicature , take this of me , it is so in all other countreys , as in france and spain , &c. though i am not satisfied in this opinion . and if it be said , the king should have had the money which the duke took to his own use , i beleeve this last ( may the king say ) is more then any man can prove ; neither will i deliver what i know therein , onely this i will say , i know the dukes particular service , and affection towards me , and that he and his will lay down themselves and all they have at my feet . is it for a king to use his servant and instrument as he doth his horses , and being by hard riding in his service foundred and lame , to turn them out to grass or to the cart ? i must therefore ( may the king say ) in right of the king , my fathers honor , protect a man ( though justly seeming guilty , yet ) in my own knowledge innocent : will you therefore deny the king to favor whom he pleaseth , which the king never denied to you that are his subjects ? well , commend me to my lords , and tell them that if any thing hath been formerly done amiss by others , i have power and will to redress it , and to prevent the like . at this time the king commanded all the bishops to attend him , and when they were come before him , being fourteen in number , he reprehended them , that in this time of parliament they had not made known unto him what might be profitable for the church , whose cause he was ready to promote . and he laid this charge upon them , that in the cause of bristol and buckingham , their consciences being their guides , they should follow onely proofs , and not rumors . the commons sent again to the duke by sir iohn epsley , to let him know that they were passing articles against him , and that they had given the messengers leave to take notes thereof out of the clerks book , whereof he might take a copy if he pleased ; and that they expected his answer that day before ten of the clock , if he pleased to send any . this the duke signified to the lords , who did not think fit that he should answer , as appears by the ensuing report made by sir iohn epsley . this day his grace gave us this answer , ( after he had moved the lords ) that he should with great care make all due acknowledgment of your respect and favors in giving him this notice , which though it do invite him to render unto you such a satisfaction that he hopes may acquit and restore him to your good opinion , and might prevent your proceedings , which otherwise by a parliamentary course are like to follow ; yet according to his duty , having moved the lords of the upper house , upon your notice given him , they would by no means , as things now stand , give him leave to answer , in regard he is not ignorant you are presently to enter into consideration of his majesties message ; and that by a delay therein your own purposes will be in some sort disappointed , and the affairs of christendome much prejudiced ; but for that upon a resolution you have deferred and respited that service until those things depending against him be first determined , he out of fear that his necessary defence would spin out a great deal of time , which is more precious , is the willinger to obey their lordships , that so he might hasten without obstacle or interruption given unto him , to keep day with his majesty ; and this he doth as he conceives to his own infinite prejudice , knowing how grievous it is to be transmitted as a grievance by the voice of this house : but he doth profess he will rather hazard the safety of his fortunes , reputation , and himself , then to be the least occasion of any that may work dis-affection or mis-understanding between the king and his people . and it is his protestation , that whatsoever interruption is made by his actions , his endeavors shall be as long as he hath any favor with his gracious master , to take opportunity of doing good offices to this house , and of rendring all that he can be able for the safety of the state , and the general good of the common-wealth . and this he saith you may the easier beleeve , because his majesty can witness , that he hazarded in his fathers time the loss of the best affection of the best of masters to obtain for them their desire . in this zeal he was desirous to have appeared unto you ever since the beginning of this parliament , and in this zeal he doth now present himself unto you . but to return to the main point , he , lest we should be mistaken , gave us occasion in plain words to remember you , that it is not he that doth refuse to answer , but the lords commanded him not to answer , which he the cheerfullier obeyed , in respect of his fidelity to prefer the universal weal before his own particular . and in the mean time he desireth the charitable opinion of this noble house , until he be convinced that he shall appear not worthy of it , which his own innocency maketh him confident that he shall not . whilst the duke stood ready to be impeacht , his grace propounded to the lords of the council to have it moved to the king , that in regard of the important services by sea , the usual pay to the sailers might be raised from fourteen to twenty shillings a moneth , which was as much as they ordinarily received for merchants wages : the king being therein moved , was consenting . nevertheless multitudes of the pressed mariners ran away , leaving his majesties ships unfurnished , and his service disappointed . there was a great debate in the house of commons , whether the committee of twelve ( where mr. glanvile had the chair ) shall consider of any new matter not heretofore propounded in the house against the duke ? and it was resolved in the affirmative . mr. glanvile reports from the committee the examination concerning a plaister and a posset applied and given to king iames in his sickness , when the kings sworne physicians had agreed upon other directions . hereupon it was resolved , that this should be annexed to the charge against the duke , as a transcendent presumption of dangerous consequence . hereupon his majesty sent this message to the commons . that he having given way to enquiry about the duke of buckingham , and hearing that there is new matter intended to be brought against him , nevertheless leaveth the house to their own way to present the business to him , or to the lords ; withal adviseth them to consider of the season of the year , and to avoid all loss of time . it was ordered , that thanks should be returned to his majesty for this message . on monday the first of may , the gentleman-usher brought the earl of bristol to the bar , according to their lordships order ; and the lord keeper acquainted him , that the king had commanded his attorney general to charge the earl of bristol before their lordships with high treason , and other offences and misdemeanors of a very high nature , that they might proceed in a legal course against him , according to the justice and usual proceedings of parliament . i. offences done and committed by the earl of bristol , before his majesties going into spain , when he was prince . i. that the said earl being trusted and employed by the said late king as his ambassador to ferdinando , then and now emperor of germany ; and to philip the fourth , then and now king of spain , in annis . . and . and having commission , and particular and special direction to treat with the said emperor , and the king of spain , for the plenary restoring of such parts of the dominions , territories , and possessions of the count palatine of rhine , who married with the most excellent lady elizabeth his now royal consort , the onely daughter of the said late king iames ; which were then wrongfully and in hostile manner taken , and possessed with and by the armies of the said emperor , and king of spain , or any other ; and for preserving , and keeping such other parts thereof as were not then lost , but were then in the protection of the said late king iames , and to the use of the said count palatine and his children : and also to treat with the said king of spain for a marriage to be had between the most high and excellent prince charls , then prince of wales , the onely son and heir apparant of the said king iames , and now our most soveraign lord , and the most illustrious lady donna maria the infanta of spain , sister to the now king of spain : he the said earl contrary to his duty and alleagiance , and contrary to the trust and duty of an ambassador , at madrid in the kingdom of spain , to advance and further the designs of the said king of spain against our said soveraign lord , his children , friends , and allies ; falsly , willingly , and traiterously , and as a traitor to our said late soveraign lord the king , by sundry letters and other messages sent by the said earl from madrid in the years aforesaid unto king iames , and his ministers of state of england ; did confidently and resolutely , inform , advise , and assure the said late king , that the said emperor , and king of spain , would really , fully , and effectually make restitution and plenary restauration to the said count palatine , and his children of the said dominions , territories , and possessions of the said count palatine , and of the said electoral dignity . and that the said king of spain did really , fully , and effectually intend the said marriage between the said lady his sister , and the said prince our now soveraign lord , according to articles formerly propounded between the said kings : whereas in truth , the said emperor and king of spain , or either of them , never really intended such restitution as aforesaid . and whereas the said king of spain never really intended the marriage according to those articles propounded , but the said emperor and king of spain , intended onely by those treaties , to gain time to compass their own ends and purposes , to the detriment of this kingdom , ( of all which , the said earl of bristol neither was nor could be ignorant . ) the said late king iames by entertaining those treaties , and continuing them upon those false assurances given unto him by the said earl , as aforesaid , was made secure , and lost the opportunity of time , and thereby the said dominions , territories , and possessions of the said count palatine , and the electoral dignity became utterly lost ; and some parts thereof were taken out of the actual possession of the said king iames , unto whose protection and safe keeping they were put , and committed by the said count palatine ; and the most excellent lady elizabeth his wife , and their children , are now utterly dispossessed and bereaved thereof , to the high dishonor of our said late soveraign lord king iames , to the disherison of the said late kings children , and their posterity , of their antient patrimony , and to the disadvantage and discouraging of the rest of the princes of germany , and other kings and princes in amity and league with his majesty . ii. that the said earl of bristol being ambassador for his late majesty king iames , as aforesaid , in annis supradictis , and having received perfect , plain , and particular instructions and directions from his said late majesty , that he should put the king of spain to a speedy and punctual answer , touching the treaties aforesaid : and the said earl well understanding the effect of those instructions and directions so given unto him , and taking precise knowledge thereof ; and also knowing how much it concerned his late majesty in honor and safety ( as his great affairs then stood ) to put these treaties to a speedy conclusion : yet nevertheless he the said earl , falsly , willingly , and traiterously , contrary to his alleagiance , and contrary to the trust and duty of an ambassador , did continue those treaties upon generalities , without effectual pressing the said king of spain unto particular conclusions , according to his majesties directions , as aforesaid ; and so the said earl intended to have continued the said treaties upon generalities , and without reducing them to certainties , and to direct conclusions : to the high dishonor of his said late majesty , and to the extream danger and detriment of his majesties person , his crown , and dominions , confederates , and allies . iii. that the said earl of bristol being ambassador for his said late majesty as aforesaid , in the years aforesaid , to the intent to discourage the said late king iames , for the taking up of arms , entring into hostility with the said king of spain , and for resisting him and his forces , from attempting the invasion of his said late majesties dominions , and the dominions of his said late majesties confederates , friends , and allies ; the said king of spain having long thirsted after an universal monarchy in these western parts of the world , hath many times both by words and letters to the said late king and his ministers , extolled and magnified the greatness and power of the said king of spain , and represented unto his said late majesty , the supposed dangers which would ensue unto him , if a war should happen between them ; and affirmed and insinuated unto his said late majesty , that if such a war should ensue , his said late majesty , during the rest of his life , must expect neither to hunt nor hawk , nor eat his meat in quiet : whereby the said earl of bristol did cunningly and traiterously strive to retard the resolutions of the said late king , to declare himself an enemy to the said king of spain , ( who under colour of treaties and alliances , had so much abused him ) and to resist his arms and forces , to the loss of opportunity of time , which cannot be recalled or regained , and to the extream danger , dishonor , and detriment of this kingdom . iv. the said earl of bristol upon his dispatch out of this realm of england , in his ambassage aforesaid , having communication with divers persons in london , within this realm of england , before his going into spain , in and about his ambassage concerning the said treaty : for the negotiating whereof , the said earl purposely was sent ; and he the said earl being then told , that there was little probability that these treaties would or could have any good success , he the said earl acknowledged as much ; and yet nevertheless , contrary to his duty and alleagiance , and to the faith and truth of an ambassador , he the said earl said and affirmed , that he cared not what the success thereof would be ; for he would take care to have his instructions , and to pursue them punctually ; and howsoever the business went , he would make his fortune thereby , or used words at that time to such effect ; whereby it plainly appeareth , that the said earl from the beginning herein , intended not the service or honor of his late majesty , but his own corrupt and sinister ends , and for his own advancement . v. that from the beginning of his negotiation , and throughout the whole managing thereof , by the said earl of bristol , and during his said ambassage , he the said earl contrary to his faith , and duty to god , the true religion professed by the church of england , and the peace of this church and state , did intend and resolve , that if the said marriage so treated of as aforesaid , should by his ministry be effected , that thereby the romish religion and professors thereof should be advanced within this realm , and other his majesties realms and dominions , and the true religion and professors thereof discouraged and discountenanced : and to that end and purpose , the said earl during the time aforesaid , by letters unto his late majesty , and otherwise , often counselled and perswaded his said late majesty to set at liberty the jesuites and priests of the romish religion ; which , according to the good religious and politick laws of this kingdom , were imprisoned or restrained , and to grant and to allow unto the papists and professors of the romish religion , free toleration , and silencing of all the laws made , and standing in force against them . vi. that by the false informations and intelligence of the said earl of bristol , during the time aforesaid unto his said late majesty , and to his majesty that now is , ( being then prince ) concerning the said treaties ; and by the assurances aforesaid given by the said earl , his said late majesty , and the prince his now majesty , being put into hopes , and by the said long delay used , without producing any effect , their majesties being put into jealousies and just suspition , that there was no such sincerity used towards them as they expected , and with so many answers from the earl had on their part been undertaken , the said prince our now gratious soveraign , was inforced out of his love to his countrey , to his allies , friends , and confederates , and to the peace of christendom , who all suffered by those intolerable delays , in his own person , to undertake his long and dangerous journey into spain , that thereby he might either speedily conclude those treaties , or perfectly discover ; that on the emperors and king of spains part , there was no true and real intention to bring the same to conclusion , upon any fit and honorable terms and conditions , and did absolutely and speedily break them off . by which journey , the person of the said prince being then heir-apparant to the crown of this realm , and in his person , the peace and safety of this kingdom , did undergo such apparant , and such inevitable danger , as at the very remembrance thereof , the hearts of all good subjects do even tremble . ii. offences done and committed by the said earl , during the time of the princes being in spain . vii . that at the princes coming into spain , during the time aforesaid , the earl of bristol , cunningly , falsly , and traiterously moved and perswaded the prince , being then in the power of a foreign king of the romish religion , to change his religion , which was done in this manner . at the princes first coming to the said earl , he asked the prince for what he came thither , the prince at first not conceiving the earls meaning , answered , you know as well as i. the earl replied , sir , servants can never serve their master industriously , although they may do it faithfully , unless they know their meanings fully . give me leave therefore to tell you what they say in the town is the cause of your coming , that you mean to change your religion , and to declare it here . and yet cunningly to disguise it , the earl added further . sir , i do not speak this , that i will perswade you to do it ; or that i will promise you to follow your example , though you will do it ; but as your faithful servant , if you will trust me with so great a secret , i will endeavor to carry it the discreetest way i can . the prince being moved at this unexpected motion again , said unto him , i wonder what you have ever found in me , that you should conceive i would be so base and unworthy , as for a wife to change my religion . the said earl replying , desired the prince to pardon him , if he had offended him , it was but out of his desire to serve him . which perswasions of the said earl was the more dangerous , because the more subtile ; whereas it had been the duty of a faithful servant to god , and his master , if he had found the prince staggering in his religion , to have prevented so great an error , and to have perswaded against it , so to have avoided the dangerous consequence thereof to the true religion , and to the state , if such a thing should have hapned . viii . that afterwards during the princes being in spain , the said earl having conference with the said prince about the romish religion , he endeavored falsly and traiterously to perswade the prince to change his religion , and to become a romish catholick , and to become obedient to the usurped authority of the pope of rome : and to that end and purpose , the said earl traiterously used these words unto the said prince , that the state of england never did any great thing , but when they were under the obedience of the pope of rome , and that it was impossible they could do any thing of note otherwise . ix . that during the time of the princes being in spain , the prince consulting , and advising with the said earl , and others , about a new offer made by the king of spain , touching the palatinates eldest son to marry with the emperors daughter , but then he must be bred up in the emperors courts ; the said earl delivered his opinion , that the proposition was reasonable , whereat when sir walter aston then present , falling into some passion , said , that he durst not for his head consent to it ; the earl of bristol replied , that he saw no such great inconvenience in it , for that he might be bred up in the emperors court in our religion . but when the extream danger , and in a manner the impossibility thereof , was pressed unto the said earl , he said again , that without some great action , the peace of christendom would never be had ; which was so dangerous , and so desperate a counsel , that one so near the crown of england should be poysoned in his religion , and become an unfriend to our state , that the consequences thereof , both for the present and future times , were infinitely dangerous ; and yet hereunto did his disaffection to our religion , the blindness in his judgment misled by his sinister respects , and the too much regard he had to the house of austria , lead him . iii. offences done and committed by the said earl after the princes coming from spain . x. that when the prince had clearly found himself and his father deluded in these treaties , and hereupon resolved to return from the court of spain ; yet because it behoved him to part fairly , he left the powers of the desponsories with the earl of bristol , to be delivered upon the return of the dispensation from rome , which the king of spain insisted upon ; and without which , as he pretended , he would not conclude the marriage . the prince foreseeing and fearing lest after the desponsories , the infanta that should then be his wife , might be put into a monastery , wrote a letter back to the said earl from segovia , thereby commanding him not to make use of the said powers , until he could give him assurance that a monastery should not rob him of his wife ; which letter the said earl received , and with speed returned an answer thereto into england , perswading against this direction , yet promising obedience thereunto . shortly after which , the prince sent another letter to the said earl into spain , discharging him of his farther command . but his late majesty by the same messenger sent him a more express direction , not to dispatch the desponsories until a full conclusion were had of the other treaty of the palatinate , with this of the marriage ; for his majesty said , that he would not have one daughter to laugh , and leave the other daughter weeping . in which dispatch although there were some mistaking , yet in the next following the same was corrected , and the earl of bristol tyed to the same restriction , which himself confessed in one of his dispatches afterwards , and promised to obey punctually the kings command therein ; yet nevertheless , contrary to his duty and alleagiance , in another letter sent immediately after , he declared , that he had set a day for the desponsories , without any assurance , or so much as treating of those things which were commanded to him as restrictions ; and that so short a day , that if extraordinary diligence with good success in the journey had not concurred , the princes hands might have been bound up ; and yet he neither sure of a wife , nor any assurance given of the temporal articles . all which in his high presumption he adventured to do , being an express breach of his instructions ; and if the same had not been prevented by his late majesties vigilancy , it might have turned to the infinite dishonor and prejudice of his majesty . xi . lastly , that he hath offended in a high and contemptuous manner in preferring a scandalous petition to this honorable house , to the dishonor of his majesty of blessed memory deceased , and of his sacred majesty that now is , which are no way sufferable in a subject towards his soveraign ; and in one article of that petition specially , wherein he gives his now majesty the lye , in denying , and offering to falsifie that relation which his majesty affirmed , and thereunto added many things of his own remembrance to both houses of parliament . robert heath . the earl of bristol upon the attorney generals accusing him of high treason , thus exprest himself . that he had exhibited his petition to the house april , that he might come up and be heard in his accusation of the duke of buckingham , and that thereupon he being a peer of this realm is now charged with treason . that he had heretofore in●ormed the late king of the dukes unfaithfull service , and thereupon the duke labored that he might be clapt up in the tower presently upon his return out of spain : that he importuned the late king , that he might be heard before himself , and his majesty promised it ; i pray god ( said he ) that that promise did him no hurt , for he died shortly after : and for the kings promise he vouched the lord chamberlain for a witness ; and he desired the lords to take notice , that their house was possessed already of his said petition , and of his accusation of the said duke : and therefore desired first that they would receive his charge against the duke and the lord conway , and not to invalid his testimony against them by the kings charge against him ; and that he might not be impeached , till his charge of so high a nature be first heard . so he tendred to the house the articles against the duke , which the clerk received , and he withdrew , and his petition exhibited the of april was read ; and the lords resolved upon the question , that the said earls charge against the duke of buckingham and the lord conway should be presently read . the earl being shortly after called in again to the bar of the lords house , concerning his articles against the duke , made this speech . first , he craved pardon of their lordships for his earnest speeches the other day , confessing them to have been in passion , saying , that unexpected accusation of treason would warm any honest heart , but would hereafter amend it . then he rendred their lordships humble thanks , for their manner of proceeding against him ; and desired to know from mr attorney , whether that were his whole charge or not , mr attorney answered , that he had commandment to open no more against him , peradventure upon the opening of the charge some particulars might arise , and be urged , but no new matter should . then the earl desired to know of mr attorney , who was the relator to his charge , and that he might understand who was his accuser : mr attorney answered , that the king himself out of his own mouth had given him directions for his own relation against him , and corrected many things that were added : unto which the earl answered , that he would not contest with the king , neither did it beseem him so to do ; neither esteemed he his life or his fortunes so much , as to save them by contesting with his soveraign ; and therefore would make no reply or answer , were it not that his religion and honor were joyntly questioned with his life ; but this being to descend to his posterity , for their sakes he was an humble suitor unto his majesty , that he would not take indignation at his own just defence , yet would he be ready to make any humble submission to his majesty ; and heartily desired some means might be made , that he might make it personally to himself ; wherein he would submit himself most willingly to some such act of humiliation and submission , ( not wronging his innocency ) that never subject did towards his soveraign : and also , that his majesty would be pleased to set himself in his throne of justice , and declare out of his royal justice , that he would have the duke and him upon equal terms , and that neither of their causes should be advanced before others . these were his humble petitions which he besought their lordships to present unto his majesty , and to take into their considerations of how dangerous a consequence it would be , if the king should be accuser , judge , witness , and should have the confiscation . as touching the charge against him , he said , he had once answered it all , except that of his petition ; and he doubted not but to clear himself before their lordships of every particular of it ; he said , he expected not to have heard of this again , having once answered it : he rather expected to have been charged with some practise with spain against the state ; or the receipt of ten or twenty thousand pounds , for the perswading and procuring of the delivery up of some town , of which the crown was in possession , as might be the town of flushing , the brill , or the like ; or for being the means of lending the kings ships to a forein nation , and that against those of our own religion ; or for revealing his majesties highest secrets , which none above two or three dares know ; or for treating the greatest affairs , as it were by his own authority , without formal instructions in the points ; or for having taken rewards , or been corrupted by a foreign prince ; or to have broken his instructions in any ecclesiastical point ; or , as the law calleth it , to have committed an overt act of disloyalty , and not to be charged after seven ambassages , with discourses and inferences . then he desired their lordships that he might have a copy of his charge in writing , and time allowed him for his answer , and counsel assigned him to plead his cause ; and said , there was a great difference between the duke of buckingham and him ; for the duke was accused of treason , and yet at large , and in the kings favour ; and he being accused but of that which he had long since answered , was a prisoner ; and therefore he moved that they might be put in equal condition . and as touching the lord conway , in as much as he had given in articles against him , he desired his lordship might not meddle in that particular business , nor use the kings name against him ex officio ; he also besought their lordships to be suitors to his majesty on his behalf , that all the particular dispatches of his own ambassages , and sir walter ashtons might be brought thither , and that he might make use of them for his defence , as his evidence ; then he desired their lordships not to think it tedious for him to proceed and lay open his case unto them ; which being granted , he began as followeth . he said that he had the honor to serve the late king his master of happy memory , for the space of twenty years , and a long time as a counsellor , and in seven forein ambassages : in all which time , in point of his negotiation he had never received one check or rebuke , until the return of the duke of buckingham out of spain , and therefore from thence he would begin his present narration . the very day that his majesty departed from spain , he was pleased to tell him , that he had no wayes offended him , but did him the honor to trust him with the custody of the powers for his marriage , and after his return into england , wrote unto him some letters , which did in no kinde express any distrust or displeasure against him . about the same time he wrote unto his majesty several letters , as in duty he was bound , not for any earthly respect whatsoever , to conceal from him the true state of his affairs ; in which letter he set down truly and honestly , that he conceived that the distastes grown there betwixt the king of spain , and his ministers , and the duke of buckingham , would disorder and utterly overthrow all his affairs , if his wisdom prevented it not , hinc illae lacrymae : the duke of buckingham got a sight and knowledge of the letters , and fearing lest the earl at his return should discover unto his said late majesty his practises and misdemeanors in spain , he resolved , that his access to the king was no wayes to be admitted , and therefore labored and endeavored that he might be committed to the tower presently upon his arrival ; and conceiving that the lord maquess hamilton in regard of his friendship with the earl and the alliance which was then intended between them , might oppose this course , he earnestly pressed him therein , and moved him to deal with my lord chamberlain to the same purpose , vowing , that there was no hurt intended to the earl ; but onely , that he feared , that if he should be admitted to the king , he would cross and disturb the course of affairs ; but they were so honorable , that neither of them would condescend thereunto , and so that intention of his took no effect ; and therein the earl desired my lord chamberlain , that he would be pleased upon his honor to deliver his knowledge . this design of the duke not taking , he fell upon other things , indeed to have frightened the earl out of his country and honor , and thereupon laid some great and sinister aspersions upon him in both houses of parliament , thinking thereby to have terrified him that he should not return , saying , that if he kept not himself where he was , and laid hold of those great offers which he heard were made unto him in spain , it would be worse with him . then the earl of bristol proceeded and said , that the knowledge of these aspersions cast upon him in the parliament , came first unto him at burdeaux in france , where he was coming home at leisure in the company of his wife and family , having formerly sent a post of purpose to the lord conway , to know if his speedy return would be any way useful to his majesties service : who answered him , that he might very well return at leisure with his family . and in the mean time he was fallen upon by the duke of buckingham in parliament , in such sort as your lordships well remember ; of whose declaration he said he would boldly affirm unto their lordships , that there was scarce any one thing concerning him in it , which was not contrary to , or different from the truth . from burdeaux the earl took post , making haste , for that he hoped to clear his honor in parliament before it should break up ; and being arrived at calis , he sent over to have one of the kings ships , for which there was publick order given ; but although both wind and weather were as fair as could be , and the kings ships lay at boloign , having carried over count mansfield , and might every day within three hours have been with him , yet the ship came not in eight days expectance ; so that the earl fearing the parliament would be dissolved , was enforced to pass the sea in a boat with six oars , as he did , having with him thirty or forty thousand pounds of the kings jewels . upon his landing at dover , hoping that if his arrest should have been deferred until his coming to london , he might have gotten directly to the kings presence , which the duke resolved was by no means to be admitted ; the earl was there by a letter of the lord conway's delivered unto him by a servant of his , in his majesties name , commanded to retire himself to his house , and not to come to the court or the kings presence , until he should have answered to certain questions which his majesty would appoint some of the lords of the council to ask him . hereupon he sent presently to his majesty , who sent him word , that his restraint was neither for any ill meaning unto him , nor that it should last long , but was intended for his good , to keep the parliament from falling violently upon him . and the same reason the duke alleadged to some of his friends ; and all those his troubles which have followed upon his first restraint , have been procured by the dukes art under colour of favor . but the earl having received his message from the king , became a most humble suitor unto his majesty , that he would expose him to the parliament ; for that if he had not served him honestly in all things , he deserved no favor , but to be proceeded against with all severity . and in this particular he pressed the king as far as could stand with duty and good manners ; but received answer from his majesty , that there should but few more days pass before he would put an end to his affairs : and about this time the parliament was dissolved . he still continued his sollicitation to be admitted to the kings presence ; who sent him word , and confirmed it by oath , that as soon as he should have answered the questions which the commissioners were to propound to him , he would both see him , and hear him , and wondred that he should so much doubt thereof . he then sollicited with all earnestness to have the questions sent unto him , which was promised should be within few days . in the interim his majesty being desirous that the business should have been accommodated , sent secretly to him by a gentleman ( who is ready to depose it ) this message ; that he should write a fair letter to the duke , and leave the rest to him. hereupon the duke sent a gentleman ( one mr. clark ) with fair propositions , offering to procure him whatsoever he could reasonably pretend ; only he must not be admitted to the kings presence for some time ; and that the duke would have the disposing of his vice-chamberlains place , having been therein formerly engaged . the earl told the gentleman , that to condescend to any such course , were jointly to confess himself faulty in some kind , which he would not do for any respect in the world ; and let him know the great wrong that the duke had already done him , and therefore it would be more honorable for him to procure him some reparation , then to press him further . moreover , not by way of message , but by way of information of the said mr. clark , he let him know , how fit it were for the duke not to press these things , who could not but be conscious of his own faults , and knew his innocencie ; and withall shewed him a paper that he had made ready for the king , containing the particulars wherein the duke had disparaged him . mr. clark making the duke acquainted herewith , the duke wrote a letter the next day to the earl , bearing date iulii , telling him , that he had willingly intended the accommodation of his affairs ; but by what he had now said to mr. clark , he was disobliged , unless he should be pleased to relent it . whereupon the earl answered with that directness he thought befitting him in point of honor. the course of mediation was interrupted , and the duke so far incensed , that he swore he would have him questioned for his life . in the interim , ( which the earl desired might be known to the lords ) his late majesty was so far from thinking him a delinquent , or any way dishonest , that he was often heard to say , and swear , that he held him an honest man , and that he would answer for him , that he had neither committed felony nor treason . and this divers are ready to depose . the which he well confirmed , for that he gave general leave to all gentlemen of the court , privy-counsellors , and to his secretary of state to have free access unto him ; yea even so far as to admit of visits and entercourses with spanish ambassadors , and the padre maestre , as is best known to my lord conway , by whose letter he received his majesties leave in that particular . then he resumed the state of his business where he left it , which was in the hands of the commissioners , and they were to frame interrogatories for him ; the which although he had promised should be sent him within a few days , yet such art was used , that six or seven weeks were spent in the framing of them , to the end that his majesties progress beginning , there might be no means for the further clearing of the business : and so supposing that for the answering of the twenty interrogatories of so high a nature , the earl would take some time , they caused the said interrogatories to be delivered unto him within a few days before the beginning of the progress ; but he used so much diligence , that he made ready to answer in persona , though it were in the nature of a delinquent . unto which his majesty answered most graciously , that out of his favor , and for that he would not do him wrong , he would not admit of it , but that he should send his answer , and he would instantly put an end to his businesses ; as will appear by letters . hereupon the duke was put into a great strait how to keep him any longer from his majesty , but desired that only a few questions more might be asked of him ; which the king upon great urging and instance condescended unto , so that the questions might be presently sent him : but herein were such artifices used , that the bringing of any was delayed until the king had begun his progress ; and then within a day or two the lord conway sent him word , that he had order indeed for the sending of him some more questions , but out of his affection to him he forbore the sending of them , unless he should press for them . whereupon the earl instantly wrote unto him , that they might be sent unto him . my lord conway made him answer by his letter , that he wished rather the course of mediation might be pursued , for that would but further exasperate ; but if he would needs have the questions , they should be sent to him . whereupon he sent to sollicit his lordship for them with all earnestness , insomuch as to petition his late majesty twice that the said questions might be sent : but when the turn was served of keeping him from the kings presence , the said questions were never more heard of until this day . so likewise the earl having sent his answer to all the commissioners , who most of them made not nice to declare that they were fully satisfied , and when it was perceived that the commissioners would certainly clear him , and that he thereby should be restored unto his majesties favor , they were never more permitted to meet : a proceeding which , as he conceived , their lordships would think hardly to be parallel'd , that a commission should be appointed to condemn , if there had been cause , but not to clear . after the progress was ended , he began again to sollicit his majesty , and wrote particularly unto the duke of buckingham . whereupon the duke was pleased to send four or five propositions , which he desired he should acknowledge ; the which propositions contained nothing but what had been already propounded and satisfied in the former interrogatories ; and if he would make his acknowledgment , he then promised to imploy his force and power with the king and prince , that he should be admitted to kiss their hands and be received into their gracious favor ; but otherwise in a menacing sort , that he should lay his hands upon his breast , and so that would be the best for him . and in the preface of the said propositions he writeth in these words which follow : it is an assertion not granted , that the earl of bristol by his answer had satisfied either the king , the prince , or me of his innocencie . a presumptuous commination for any subject . but these propositions were so unjust , that he wrote unto the duke , that in stead of an acknowledgment he had sent him an answer unto them ; unto which if either himself or any man living was able to reply , he would submit himself to any thing that should be demanded . but this no way satisfied the duke , although it did his late majesty , who in the dukes presence said , i were to be accounted a tyrant , to enjoin an innocent man to confess faults of which he was not guilty . and thereupon sent him word , that he should make his answer , but acknowledge nothing he was not faulty in . and although he received this message from the kings own mouth , as will be deposed , yet the duke at the same time wrote unto him , that the conclusion of all that had been treated with his majesty , was , that he should make the acknowledgment in such manner as was set down in this paper . and at this time likewise it was that his majesty sent him word , that he would hear him concerning the duke of buckingham , as well as he had heard the duke concerning him . and this was not long before his majesties sickness : and in the interim , as he had heard by several ways , the king suffered much , and was infinitely pressed by the duke concerning the said earl and his affairs ; and this he said was the suffering he had spoken of to their lordships the other day . the earl craved leave of their lordships to specifie some other particulars , whereby it should appear that his majesty was in no kind ill opinioned of him till his dying day , viz. that several persons will depose , that they have heard his majesty say , that he esteemed him an honest man ; and that he was pleased to accept of toyes by way of present from him graciously and in good part ; and at last was likewise pleased to give him leave to come to london and to follow his own affairs , and that his pleasure was signified unto him by the duke his own letter . whereupon he determined to come to london , intimated to the duke his intention of going to his lodging in whitehall ; but the duke was therewith incensed again , and said he mistook the kings meaning , which was , that he might privately follow his own business . and this he said was the true state and condition , when it pleased god to take unto his mercy his late most gracious majesty . upon his majesties coming to the crown , he said he wrote a most humble letter unto his majesty , imploring his grace and goodness , and desiring the dukes mediation : but he was pleased to answer by his letter of maii . that the resolution was to proceed against him , without a plain and direct confession of the point which he had formerly required him to acknowledge ; and in a courtly manner of menace telleth him , that he would take the freedom to advise him to bethink himself in time what will be most for his good . but in the interim his majesty was graciously pleased that his writ of parliament should be sent him ; and thereupon he wrote unto the duke of the receipt of the said writ , but that he should do nothing but what he should understand to be most agreeable to his majesties pleasure . whereunto the duke answered in his letters of may in this manner : i have acquainted his majesty with your requests towards him touching your summons to the parliament , which he taketh very well , and would have you rather make excuse for your absence notwithstanding your writ , then to come your self in person . whereupon he sent humbly to desire a letter of leave under his majesties hand for his warrant ; but in stead thereof he received from the l. conway an absolute prohibition , and to restrain and confine him in such sort as he hath been in the late kings time : and although he was indeed absolutely set free , he could never get cleared by the lord conway , though he sent him all the papers to examine ; and when he could make no further reply , he said he conceived he was under restraint , and that his liberty expired with the late kings death ; when indeed restraint may expire , but liberty is natural . after this he continued for the space of three quarters of a year in the country without moving , in which time he was removed from those places and offices he held during his late majesties life ; and the greatest part of his estate being laid out in their majesties service by their particular appointment , he could never be admitted so much as to the clearing of accompts . yet hereof he never made the least complaint : but against the time of his majesties coronation , he thought it fit to lay hold of that occasion , when princes do acts of grace and favor , to be a most humble suitor to his majesty for his grace and goodness ; and addressed his letters unto the duke of buckingham , from whom he received a letter all written in his own hand , and therein a letter inclosed from his majesty , so different from some gracious message which he had received from his majesty since the said earl returned into england , upon the occasion of a great sickness ; and likewise from his speeches several times delivered to his wife , to wit , that he had never offended him , and that for his faults , he no ways held them criminal , but to be expiated by any easie acknowledgment : that he confessed he knew not what judgment to make of the said letter , neither hath presumed hitherto to make any answer thereto ; although by reducing the occasions of speeches , and circumstances to his majesties memory , he no ways doubteth but he shall be able to give unto his majesty such satisfaction to every particular , as his majesty would not remain with the least scruple in any one point . after this he said , that his writ of parliament was detained ; whereupon he addressed himself to the lord keeper , that he would be a suitor to his majesty for him in that behalf : which diligences not taking effect , by petition he became a suitor to their lordships for their honorable mediation to his majesty , and thereupon his writ of parliament was awarded : but the duke of buckingham upon that took occasion , as he had published copies of the said letter over all the kingdom , to read it likewise in that honorable house , as was best known unto their lordships , and the writ was accompanied with a prohibition from the lo●d keeper ; whereupon he addressed himself for justice to that honorable house , ( being possessed of his cause by his petition ) for both redress of his own wrongs , and likewise of complaints against the duke for many crimes : and that honorable house being possessed of his cause by his petition , there is preferred against him a succeeding complaint amounting as high as treason ( as it is pretended ) although he for divers years hath not been questioned ; yet since his complaint against the duke , he hath been fetcht up like a prisoner , and brought into that house as a delinquent ; and the duke , of whom he hath complained for his great crimes , is admitted still to sit in the house as one of his judges . the which with all that he hath formerly said , together with his life , fortunes and honor , he did with all willingness , humility and duty , submit to the justice and honor of that house . then the lords asked him , when he would bring in his answer ? he promised to answer as soon as might be , but knew not how far he should have occasion to use his antient dispatches . the lord keeper told him , that mr. attorney might help him by letting him know it : the attorney said , that his charge should in nothing look further back then to the year . which he desired might be recorded . whereupon the earl thanking their lordships for their patience , he was carried away by mr. maxwell the gentleman-usher , in whose house and custody he remained . then were read the earls articles against the duke and the lord conway , viz. articles of the earl of bristol , whereby he chargeth the duke of buckingham , bearing date the first day of may , . i. that the duke of buckingham did secretly combine with the conde of gondomar ambassador for the king of spain , before his the said ambassadors last return into spain , in the summer an. . to carry his majesty ( then prince ) into spain , to the end he might be informed and instructed in the roman religion , and thereby have perverted the prince , and subverted the true religion established in england : from which misery this kingdom ( next under gods mercy ) hath by the wise , religious , and constant carriage of his majesty been almost miraculously delivered , considering the many bold and subtile attempts of the said duke in that kind . ii. that mr. porter was made acquainted therewith and sent into spain ; and such messages at his return framed , as might serve for a ground to set on foot this conspiracie ; the which was done accordingly , and thereby the king and prince highly abused , and their consents thereby first gotten to the said journey , that is to say , after the return of the said mr. porter , which was about the end of december , or the beginning of ianuary . whereas the said duke had plotted it many moneths before . iii. that the said duke , at his arrival in spain , nourished the spanish ministers not only in the belief of his own being popishly affected , but did ( both by absenting himself from all exercises of religion constantly used in the earl of bristols house , and frequented by all other protestant english , and by conforming himself to please the spaniards in divers rites of their religion , even so far as to kneel and adore their sacrament ) from time to time give the spaniards hope of the prince his conversion : the which conversion he endeavored to procure by all means possible ; and thereby caused the spanish ministers to propound far worse conditions for religion , then had been formerly by the earl of bristol and sir walter aston setled and signed under their majesties hands , with a clause in the king of spain's answer of decemb. . . that they held the articles agreed upon sufficient , and such as ought to induce the pope to the granting of the dispensation . iv. that the duke of buckingham having several times in the presence of the earl of bristol moved and pressed his late majesty , at the instance of the conde of gondomar , to write a letter unto the pope , and to that purpose having once brought a letter ready drawn , wherewith the earl of bristol by his majesty being made acquainted , did so strongly oppose the writing of any such letter , that during the abode of the said earl of bristol in england the said duke could not obtain it ; yet not long after the earl was gone , he procured such a letter to be written from his late majesty unto the pope , and to have him stiled [ sanctissime pater . ] v. that the pope being informed of the duke of buckingham's inclination and intention in point of religion , sent unto the said duke a particular bull in parchment , for to perswade and encourage him in the perversion of his majesty then prince . vi. that the said dukes behaviour in spain was such , that he thereby so incensed the king of spain and his ministers , as they would admit of no reconciliation , nor further dealing with him . whereupon the said duke seeing that the match would be now to his disadvantage , he endeavored to break it , not for any service to the kingdom , nor dislike of the match in it self , nor for that he found ( as since he hath pretended ) that the spaniards did not really intend the said match , but out of his particular ends and his indignation . vii . that after he intended to cross the marriage , he put in practice divers undue courses ; as namely , making use of the letters of his majesty ( then prince ) to his own ends , and not to what they were intended ; as likewise concealing divers things of high importance from his late majesty , and thereby overthrew his majesties purposes , and advanced his own ends . viii . that the said duke , as he had with his skill and artifices formerly abused their majesties , so to the same end he afterwards abused both houses of parliament by his sinister relation of the carriage of affairs , as shall be made appear almost in every particular that he spake unto the said houses . ix . as for scandal given by his personal behaviour , as also the imploying of his power with the king of spain for the procuring of favors and offices , which he bestowed upon base and unworthy persons for the recompence and hire of his lust ; these things , as neither fit for the earl of bristol to speak , nor indeed for the house to hear , he leaveth to your lordships wisdom how far you will be pleased to have them examined ; it having been indeed a great infamy and dishonor to this nation , that a person of the dukes great quality and imployments , a privy-counsellor , an ambassador , eminent in his masters favor , and solely trusted with the person of the prince , should leave behind him in a forein court so much scandal , as he did by his ill behaviour . x. that the duke hath been in great part the cause of the ruine and misfortune of the prince palatine and his estates , in as much as those affairs had relation unto this kingdom . xi . that the duke of buckingham hath in his relations to both houses of parliament wronged the earl of bristol in point of his honor by many sinister aspersions which he hath laid upon him , and in point of his liberty by many undue courses through his power and practices . xii . that the earl of bristol did reveal unto his late majesty both by word and letter , in what sort the said duke had disserved him and abused his trust : and that the king by several ways sent him word , that he should rest assured he would hear the said earl , but that he should leave it to him to take his own time . and thereupon , few days before his sickness , he sent the earl word , that he would hear him against the said duke , as well as he had heard the said duke against him . which the duke himself heard ▪ and not long after his blessed majesty sickned and died , having been in the interim much vexed and pressed by the said duke . articles of the earl of bristol against the lord conway , bearing date maii . i. that the lord conway is so great a servant of the duke of buckingham's , that he hath not stuck to send the earl of bristol plain word , that if businesses could not be accommodated betwixt him and the duke , he must then adhere and declare himself for the said duke ; and therefore unfit to be a judge in any thing that concerneth the duke or the earl. ii. that the said lord conway professeth himself to be a secretary of the duke of buckingham's creation , and so acknowledgeth it under his own hand : and although that he be the kings secretary of state , and a privy-counsellor , he usually beginneth his letters to the duke , [ most gracious patron . ] iii. that as a creature of the said dukes , the said lord conway hath been made the instrument of keeping the earl of bristol from the kings presence , and of imprisoning of him by warrants only under his own hand ; for which he cannot ( as the earl conceiveth ) produce any sufficient warrant . iv. that by the space of twelve moneths last past , the said lord conway hath been the cause of the earls restraint , only by misinforming his majesty , and procuring a letter of restraint upon undue grounds : and when it was made apparent unto him , that the said earl was restored to his liberty freely to follow his own affairs by his late majesty of blessed memory , he replied , that that liberty given him by his majesty expired with the kings death . v. that the earl of bristols mother lying sick upon her death-bed , desired for her comfort to see her son , and to give him her last blessing : whereupon the earl wrote to the lord conway , to desire him to move the king for his leave ; which he putting off from day to day , told the person imployed , that by reason of the dukes sickness , he could not find opportunity to get the dukes leave to move the king ; and having spoken with the duke , he made a negative answer in the kings name . wherewith the earl acquainting the king by some of his bedchamber , his majesty was in a very great anger , swearing the secretary had never moved him , and that to deny the said earl leave , was a barbarous part ; and thereupon sent him presently free leave ; which the secretary hearing of , sent likewise afterwards a letter of leave , but with divers clauses and limitations differing from the leave sent him from the kings own mouth . vi. that having the businesses of the earl of bristols in his hands , and the earl being commanded by the king to address himself in his occasions unto his lordship , he would never deliver any message from the said earl , without acquainting the said duke and receiving his directions , and in a noble manner of freeness stuck not to send him word . vii . that the earl of bristol having received from the lord conway twenty interrogatories in his late majesties name , drawn up by a commission of the lords appointed to search into the proceedings and imploiments of the said earl , in which search there was more then two moneths spent , divers of the said interrogatories involving felony and teason ; and his majesty having been pleased to assure the said earl both by message and letters , that upon satisfaction given to himself , and the commissioners by his answers , he would presently put an end to the earl of bristol's businesse : the earl of bristol having so fully answered as would admit of no reply ; and that many of the commissioners declared themseves to be fully satisfied : the said lord conway ( being the secretary in the commission , to whom it properly belonged to call the lords to assemble ) perceiving the earl of bristol was like to be cleared , never moved for any further meeting , neither have they ever been permitted to meet until this day , whereby the troubles of the earl of bristol have been kept on foot till this present , and the said earls imprisonment hath been enlarged twenty moneths ; and by the artifices of the said duke of buckingham and the said lord conway ( as shall be made appear ) the said earl hath been insensibly involved and stauked into the troubles he is now in , which he doubteth not but your lordships will judge to be a very considerable case . viii . that for a colour of keeping the earl from his late majesties presence , it being pretended after the answer to the twenty interrogatories , that there were some few questions more to be added ; whereunto when he should have answered , his majesty swore solemnly , that without any delay he should be admitted to his presence , and that within two or three dayes he should have the said questions sent unto him ; the lord conway , notwithstanding he acknowledged under his hand , that he had received his majesties directions for the sending of the said articles , and was often thereunto sollicited on the behalf of the said earl , would never send the said questions , and at last answered , that he had no more to do with the earls businesses . ix . that the earl of bristol being set free by his late majesty , to come to london to follow his own affairs as he pleased , and thereupon having his writ of parliament sent unto him , without any letter of prohibition ; but the earl of bristol , out of his great desire to conform all his actions to that which he should understand , would best please his majesty , sent to know whether his going or stay would be most agreeable unto his majesty ; who was pleased to answer by a letter from my lord duke of buckingham , that he took in ve●● good part the said earls respect unto him ; but wished him to make some excuse for the present : the which accordingly he did , and moved , that he might have a letter under the kings hand to warrant his absence ; but under colour of this letter of leave , upon the earl of bristol's own motion and desire , the lord conway sent a letter from his majesty absolutely forbidding his coming to parliament ; and therein likewise was inserted a clause , that the earl should remain restrained , as he was in the time of his late majesty ; and so thereby a colour of restraint under his majesties hand was gotten , which could never be procured in his late majesties time ; whereby the earl of bristol hath been unduly restrained ever since , without being able to procure any redress , or to make the lord conway willing to understand his case , although he sent him all the papers , whereby he might clearly see , that the earl was not under restraint in his late majesties time ; but never other answer could be procured from him , but that he judged the said earl to be under restraint , and that his liberty was expired by the late kings death , as is aforesaid . x. that the lord conway , knowing that the match for the marrying of the king of bohemia's eldest son with the emperors daughter , and being bred in the emperors court , was allowed and propounded by his late majesty : and that his majesty by his letters unto his son-in-law , declareth , that he thinketh it the fairest and clearest way for the accommodation of his affairs , and that he will take sufficient care for his breeding in true religion . and notwithstanding that the said earl received a copy of the said letter by the late kings order , with other papers , setting down all that had been done in the said business , and his majesties assent thereunto from the lord conway himself ; yet hath he suffered all to be charged , as a crime against the earl of bristol , both in the twentieth interrogatory , and in his majesties last letter , that he should consent to the breeding of the young prince in the emperors court. and further in the interogatory he alledgeth it as an aggravation against the said earl , that the breeding of the said prince in the emperors court inferred to the perversion of his religion , when he knew that his said breeding was never thought nor spoken of by the king , nor any other , but with that express clause and condition , that he should be bred in his own religion , and have such tutors and servants , as his father should appoint . xi . that the lord conway hath been the cause of all the earl of bristol's troubles , by his dubious and intrapping dispatches , and in●erring , that the said earl hath failed in his directions , when it shall be made appear , that his dispatches contained no such directions as he hath alledged were given . the house not being satisfied to commit the earl to the tower , let him remain where he was before , with the gentleman usher ; and further ordered , that the kings charge against the earl of bristol be first heard , and then the charge of the said earl against the duke ; yet so that the earls testimony against the duke be not prevented , prejudiced , or impeached . the day following the lord keeper delivered a message from the king to the house of lords . that his majesty taketh notice of the articles exhibited against the duke of buckingham by the earl of bristol ; and he observeth that many of them are such , as himself is able to say more of his own knowledge then any man for the dukes sincere carriage in them : that one of them , touching the narrative made in parliament in the one and twentieth of king iames , trencheth as far upon himself as the duke ; for that his majesty went as far as the duke in that declaration ; and that all of them have been closed in the earls own breast now for these two years , contrary to his duty , if he had known any crime of that nature by the duke ; and now he vents it by way of recrimination against the duke , whom he knows to be a principal witness to prove his majesties charge . and therefore , that his majesty gave them thanks , that they gave no way to the earl of bristol's unreasonable motion , of putting the duke under the same restraint that they had put the earl , thereby eschewing what the earl aimeth at , to alter their dutifull procedings toward his majesty : that thereby they had made his majesty confident , that as they have , so they will put a difference between his majesties charge against one that appeareth as a delinquent , and the recrimination of the earl of bristol against his majesties witness ; and they will not equal them by a proceeding pari passu . at this time there was an endeavor to take the earls cause out of the house , and to proceed by way of indictment in the kings-bench : to which manner of proceeding why the lords should not give way , these ensuing reasons were offered to consideration . i. it was ordered , that in all causes of moment , the defendants shall have copies of all depositions both pro and contra after publication , in convenient time , before hearing , to prepare themselves ; and if the defendants will demand that of the house in due time , they shall have their learned council to assist them in their defence : and their lordships declared , that they did give their assents thereto ; because in all cases , as well civil as criminal and capital , they hold , that all lawfull help could not before just judges make one that is guilty avoid justice ; and on the other side , god defend that an innocent should be condemned . ii. the earl of bristol by his petition to the house complained of his restraint , desiring to be heard here , as well in points of his wrongs , as in his accusations against the duke ; whereof his majesty taking consideration , signified his pleasure by the lord keeper april the , that his majesty was resolved to put his cause upon the honor and justice of this house ; and that his pleasure was that the said earl should be sent for as a delinquent to answer the offences he committed in his negotiation before his majesties going into spain , whilest his majesty was there , and since his coming thence ; and that his majesty would cause these things to be charged against him in this house ; so as the house is fully possessed of the cause , as well by the earls petition , as by the kings assent , and the earl brought up to the house as a delinquent to answer his offences there ; and mr. attorney hath accordingly delivered the charge against him in the house , and the earl also his charge against the duke : and now if he be proceeded withal by way of indictment in the kings-bench , these dangerous inconveniences will follow ; viz. . he can have no counsel . . he can use no witness against the king. . he cannot know what the evidences against him will be , in a convenient time to prepare for his defence ; and so the innocent may be condemned , which may be the case of any peer . . the liberties of the house will be thereby infrigned , the honor and justice thereof declined , contrary to the kings pleasure expresly signified by the lord keeper . all these things are expresly against the order . . the earl being indicted , it will not be in the power of the house to keep him from arraignment , and so he may be disabled to make good his charge against the duke . therefore the way to proceed according to the directions and true meaning of the order , and the kings pleasure already signified , and preserve the liberties of the house , and protect one from injury , will be first , to have the charge delivered into the house in writing , and the earl to set down his answer to it in writing ; and that the witnesses may be examined , and evidences on both sides heard , by such course and manner of proceedings as shall be thought fit by the house ; and if upon full hearing ▪ the house shall finde it to be treason , then to proceed by way of indictment ; if doubtfull in point of law , to have the opinion of the judges to clear it ; if doutfull in matter of fact , then to refer it to a regal fait ; and the rather for that . it appears that the earl , in the space of two years ( till now he complained ) hath not been so much as questioned for matter of treason . . he hath been examined upon twenty interrogatories , and the commissioners satisfie that his answer would admit of no reply . . the lord conway by several letters hath intimated , that there was nothing against him but what was pardoned by the parliament . pardon of iac. and signified his majesties pleasure , that he might rest in that security he was , and sit still . his majesty hath often declared both to the countess of bristol and others , that there was neither fellony nor treason against him , nor ought else , but what a small acknowledgment would expiate . some cases happened in parliament & caroli ; wherein the judges opinions were had ; viz. this question was put to all the justices ; whether a peer impeached for treason shall be tried in parliament ? and the chief justice , in the name of all the justices , delivered his opinion that the course by law was indictment , and this to be signified in parliament before the lord steward ; vide edward . . or by bill , and an act of parliament to attaint the party . an order was made in the upper-house of parliament iac. that any peer shall have counsel in case criminal or capital ; and upon the accusation of the earl of bristol in parliament , he made a motion for counsel ; which matter was commended to the king by the lords , with voucher of the said former order : the king returned answer that this was contrary to the fundamental laws of the realm ; but inasmuch as it was for his benefit and prerogative , with which he may dispence ; therefore out of his grace he would allow the earl of bristol to have his counsel , with protestation that he would advise in the general ; and the same order was made without his privity , and without hearing the justices or his counsel . and upon the trial of the lord middlesex , in a case criminal and not capital , afterward , that is to say friday after , upon the assembly of all the justices , the attorney of the king , by commandment of the king , demanded their opinion ; and they with one voice agreed , that where the trial is upon indictment , no counsel in fellony or treason is to be allowed , unless a matter of law happen , or upon the indictment , or upon plea of the defendant , or upo● evidence , and in such cases the prisoner may have counsel , but not otherwise . the lords by order referred to the justices this question ; whether the king may be a witness in case of treason ? secondly , admit that this be for treason done , when he is privy : whether in this case he may be a witness , or not ? and before the resolution , this message and command came from the king to the justices , that in this general question they do not deliver any opinion ; but if any point come in particular , they upon mature deliberation may give their advice . and this was declared by the cheif justice in the upper house of parliament , and the said matter surceased . sitting this parliament , the duke of buckingham was deputed procurator by several peers , whose votes on any occasion , he had power to make use of , viz. by the earls of bath , exeter , cumberland , northumberland , lord teinham , colchester , tunbridge , evers , darcy , meynel , noel , st. john of basing , mansfield , and roberts . whereupon the house of peers made an order , that after this session , no lord of this house shall be capable of receiving above two proxies , nor more to be numbred in any cause voted . about a fortnight after , the charge was given in against the earl of bristol , the earl gave in his answer , which we have chosen to insert here for the readers more conveniency , though a little out of time . and having the answer in his hand , ready to deliver to their lordships , he did crave leave , that by way of introduction he might speak a few words , and began thus . i am not insensible upon what disadvantages i come to tryal in this cause : for first , i am faln into this majesties heavy displeasure , and am to encounter with a potent adversary highly in favor , and am accused for treason ; for which , all counsel and friends abandon me as a man infected with the plague ; i am become bound and under restraint , whereas a man who is to encounter for his life and honor , and with a strong adversary , had need to come upon equal terms . but as to the matter , i finde my self charged with divers articles of high treason ; but looking into them with the eyes of my best understanding , with the opinion also of my council lately assigned me , and taking them apart one article from another , i finde not any thing in them like treason , or that hath so much as the shew or countenance of a fault , either in act or words ; onely by laying all things together , and by wresting the wrests with a strained construction , directly contrary to the true sence and meaning of them , and the occasion whereupon they were spoken , it is informed , and that by way of inference onely , that the intent was evil , and the matter to prove the intent to be evil , depends upon two props , viz. ill affection to religion , and too much affection to spain ; which if i shall clear , the inference grounded upon these props , will fall of it self . therefore i crave leave of your lordships , before i give my answer to the charge , that i may give you an account of these two particulars ; and i humbly beseech you , that what i shall speak in my just defence , may not be conceived to proceed of vain ostentation . and first for religion , i was in my childhood bred in the protestant religion , and rather after the stricter manner then otherwise . when i grew in years fit , i travelled into france , italy , and rome it self : in all which travels , i can produce some that i consorted withal , who will witness with me , that i ever constantly used the religion i professed , without the least prevarication ; no man being able to charge me , that so much as out of curiosity i ever was present at any of the exercises belonging to the roman religion , or did the least act of conformity to any of their rites or ceremonies . secondly , after my return home i was received into the service of his late majesty of blessed memory , whom i served some years as a gentleman of his privy chamber , and carver ; in which time , none of his majesties servants received the holy sacrament , frequented sermons , and other exercises of our religion , more then i. thirdly , in that time of my youth , not to avoid idleness , but out of affection to religion , i translated that excellent book of our faith , and great points of our religion , written by monsieur moulins ; which his late majesty having sometimes after seen , approved so well , that he would needs have it printed ; which accordingly was printed in the name of mr. sampford , my chaplain , to whom i gave the honor : but it was my own act , as mr. sampford will not deny , though to this hour i had never before spoken of it . fourthly , about seven or eight and twenty years of my age , i was employed ambassador into spain in that great business of the treaty of the marriage ; and whereas others before me , carried with them but one chaplain , i had two , viz. mr. sampford and mr. boswel ; and at my arival at the court of spain , i caused it to be published , that such a day ( god willing ) i purposed to have a communion , to the end that such english as were in the town , might resort thither . whereat the duke de lerma and other the great ministers of spain took offence , and told me ▪ they might well perceive i brought no good affection to the business i came about , that would so publickly and avowedly in that court , where never the like was done , proclaim there a communion ; and with high expression perswaded me to decline it . whereunto i answered , i came to do my master service , which i would heartily and effectually endeavor , but would not omit my service to god , no though my master commanded . and at the communion there were present one hundred persons , some of them brothers , kinsmen , and near dependence upon some of their lordships , whom i see there in my eye . this i did in spain ; the like i did in germany in the emperors courts in his ambassage thither . fifthly , i had in my several employments into spain and germany above five hundred persons of all qualities attending upon me , and never one perverted in religion : my children carefully instructed and bred in the same religion . i had constantly every sabbath a sermon in my house , and sacraments , and other exercises of our religion frequented . sixthly , a foul-mouthed shimei railed against our late king and religion in spain ; how i caused that to be revenged by a near kinsman of my own , is well known . seventhly , one of the english dying in the town of madrid , of whose religion there was some question made ; and the kings chaplains telling me that they at the day of his death had been with him , and taken an accompt of his faith , and that he died a protestant : i caused him to be brought home to my house , and there buried according to our rites ; whereat much ado was made , and it was threatned , that the inquisitors and other officers would come , and fetch him out , and bury him after their manner : i stood upon it , and that it was the king of englands house , and openly protested , that whosoever should come thither with such intent , i would shoot at him with a peece ; and exhorted all my people , that if such an attempt should be , they should rather then suffer such a dishonor to our religion , die with me in that quarrel , and hoped such english as were in the town would do the like . eighthly , there having been a monastery for english jesuites , founded and setled at madrid before my coming thither , and the english arms set up , i labored to suppress it , and having written thereof to the late king , his majesty advised me not to run my head against the rock ; for it was an impossible thing for me to do : yet i undertook it , and it pleased god so to bless my endeavors , that i absolutely dissolved and overthrew it . for which , the bishop of winchester , montague ( now with god ) wrote unto me by his majesties direction , a letter of his majesties gratious acceptance of so great a service , telling me , besides the service i had done to the church and commonwealth , it should remain a trophy of honor to me and my posterity for ever : and the king himself with his own hand wrote unto me , beginning his letter , good fortune digby , your good luck in your service well deserves that stile . ninethly , in all negotiations in spain , in point of religion , i ever straightned my instructions . tenthly , the match with spain was not moved by me , i ever advised a protestant match , and shewed many reasons both of conscience and state ; but if with a catholick , then rather with spain then france , so as good conditions might be made for religion ; as appears by a letter i wrote and delivered to the prince , at his first going upon the employment ; for which i had like then to have been ruined for being a puritan , as i am now for being a papist , and all by one and the same hand . eleventhly , and i appeal to the testimony of dr. mason and dr. wren , the kings chaplains with me in spain , and to mr. sampford , mr. boswel , and mr. frewen , my own chaplains there . and that such papists as have been my antient acquaintance and friends , being men of worth , well known to many of their lordships , may be examined upon oath , whether i have not in all places as well in spain as in england , and at all times upon fit occasions , avowed my self a protestant , without the lest prevarication ? or whether i did ever any the least act that was not suitable to the same profession ? and that mr. frewen , mr. wake , my own chaplains , may give their testimonies , whether in the time of several dangerous sicknesses which i had of late years faln into , i have not in the time of such my sicknesses ( when no man can be supposed to dissemble with the world , being ready to leave it ) made before them a confession of my faith , and made my peace with god , resolving to die as besitted a protestant , and good christian. this i tell your lordships , was my religion i was bred in , have ever professed and lived in , and was resolved , by gods grace to die in ; and yet was so unhappy by reason of employment , to be distasteful to many good men , that i have been suspected even by them , not well knowing me : and this hath been the rise the duke hath now taken against me . then for my love to spain , i wonder from whence that opinion should grow , since i was there hated and shamed , as the man whom of all others they desired to have the least to do withal ; having stood ever stricter in point of religion , then by my instructions i might have done ; as after the capitulation concluded on , they understood by some intelligence , which caused their hatred towards me . sure i am , i shewed it not by the service i did them ; for divers years together there was not a letter sent by that king to any other state , that the king my master had not a copy of before , or by that time it came to the place whither it was directed . there was not any great action on foot , whereof i had not the private instructions , and sent them hither ; not any expedition by sea or land , wherein i had not some ministers or intelligencers , that gave me from time to time advertisement of their actions , and most private intentions , whereof i advertised his majesty from time to time . i used such industry as to get all the papers of that kings private cabinet into my hands ; took copies and notes of such of them as i thought useful ; and upon every of them , set my private mark before they were conveyed back again , to the end , that if i should have had an occasion to have charged him with any thing mentioned in the same papers , i might have let him see i knew it , by telling him in what paper it was , and marked with such a mark . there was not a port in spain that i had not caused the depth of it to be sounded , nor a fort whereof i knew not the strength , both for the garison , munition , and other matters of advantage and disadvantage ; insomuch as if it should please the king to appoint a committee of the lords to take accompt of me , i should by the stores i gathered there , and brought with me , make it appear i was as useful a servant to his majesty in a war , as in peace . whereas at his majesties coming out of spain the powers for the desponsories were to be deposited in some mans hands ; and the duke upon pretence of doing me honor , but intending to break my neck by it , moved , they might be left with me , and the king of spain was contented ; and so they were put into my hands , not as an attorney onely for the prince : but the king of spain having taken the substitution of them by his secretary of state entred in legal form ; whereby that king was then become interessed in them by their occupation , as well as the prince by granting of them . and becoming the instrumentum stipulatum , wherein they were both interessed , they were deposited in my hands , as an indifferent person trusted between the king of spain and the prince , with a declaration of the trust. and now the duke was returned out of spain , he plotted my ruine , and put it in execution in this manner . he concealed that the powers were to expire at christmas , and procured his majesty to write a letter , ( not a direct commandment ) but expressing a desire that the desponsories should not be till one of the days in christmas , intending thereby to draw me into a dilemma , that if i proceeded in the match , this letter should , as now it is , have been inforced against me , as a breach of instructions : if i had not proceeded , then i had broken my trust between the prince and king of spain , overthrown the marriage so long sought and labored , it being the main scope of my ambassage , contrary to express warrant , and that upon a letter i must needs know to be a mistake . and when i had written into england to have a direct warrant in the point , the duke then seeing that plot would not take , he dealt with divers great lords , as was well known to some of their lordships there present , to have me upon my arival in england , committed to the tower , before i should ever come to speak with the king ; which the spanish ambassador here in england , having gotten private notice of , gave advertisement thereof to that king : who thereupon foreseeing my danger , and consulting with his council , and divines , what were fit for him in honor and conscience to do in that case , they resolved , that seeing my sufferings grew by being an honest man , and endeavoring to perform the trust reposed in me by that king as well as the prince ; that king was bound both in honor and conscience , not onely to preserve me from ruine , but to make me a reparation for any loss i should sustain by occasion of the trust : whereupon at his departure , going to court to take his leave , the conde de olivares told me what was plotted against me in england ; and in respect of the danger , by reason of the greatness of my adversary , p●rswaded me to stay there ; and in his masters name made an offer , not in secret , but in the presence of sir walter aston . here he repeated those offers of reward , honor , and preferment , which we have mentioned before in order of time , and at present pass it by ; he then proceeded and said , upon what grounds and hope came i to encounter with those dangers ? not upon hope of my greatness in court , and strength of friends , there to bolster out an ill cause ; no sure , my strength was too weak , and my adversaries too powerful : but i knew my conscience was clear , and my cause was good , and trusted in god almighty . and to him now , and to their lordships judgments , recommended my self , and my cause . and then he delivered his answer , desiring their lordships it might be after recorded in parchment , that it might remain to posterity ; which being read by one of his council , the lord keeper asked him , whether he desired to say any more then he had done ? he answered , that he had something more to say , but knew not the order , or whether mr. attorney would speak first ; but he being desired to speak , he desired their lordships he might put them in minde of what he conceived they had already promised , which was , that the duke whom he accused in that house of far higher offences then any , with which he was charged , might be proceeded with as he was , and that they might be upon equal conditions . and that such heads as he had delivered against the duke , being of such matters as he met withal in his negotiation as an ambassador ; and which he had according to his duty acquainted the state withal , might by their lordships care and order be put into legal form , and prosecuted ; for so was the use when he had the honor to sit at the council table . he said , he conceived he had already done his part to inform , and would be ready to make it good , it concerning their lordships to see it prosecuted , it not being to be expected that he should solicit it ; or if he would , he could not , being under restraint . and he desired likewise , that the judges might deliver their opinions , whether the matter charged against him , were treason ; that if it should not so be in their opinions , he might not lie under so heavy a burthen . he put their lordships in minde , that it was a strange manner of proceeding , that upon a displeasure , a peer of the kingdom complaining of those that had practised against him , and had been the causers of his sufferings , should then , and never but then , be charged with treason . he told them it was not his case alone , but it equally concerned them and their posterity , and it might be some others hereafter , more then him now . for he said he thanked god he had some experience in the world , and thereby and by those things he had kept , was able to make his innocency appear , which perhaps would not be every mans hereafter ; and so many an honest heart in a good cause distracted with fears , and abandoned of friends , might perish through the malice of a potent adversary . the lords again asked him whether he had any thing more to say ; he answered no , but desired leave onely to explain himself in two things ; one in his speech now spoken , and the other when he was first brought to the house . that in his speech this day , was , where he affirmed he had like to have been ruined in his negotiation : first , for being a puritan , and now for being a papist , and both by one hand ; he explained it to be by the hand of the duke of buckingham . and the other when he first came to the house , saying there , for redress of former sufferings , and meeting on the sudden with treason charged upon him , he spake in passion , expressing the wrongs and injuries done him by the duke ; and told their lordships , he had used means to convey part of his sufferings to the late king his master , who in the dukes hearing , sware he would ( after he had heard the duke against him ) hear him also against the duke ; for which his majesty suffered much , or to some such purpose . now he understandeth this speech to reflect upon what was in agitation in the lower house ; but he said , although he could not well excuse the dukes indiscretion in that point ; yet he spake it not any ways to corroborate that opinion ; for howsoever the duke were his enemy , yet he could not think so dishonorably of him . the answer of the earl of bristol to the articles of several high treasons , and other great and enormous crimes , offences , and contempts , supposed to be committed by him against our late soveraign lord king james of blessed memory , deceased , and our soveraign lord the kings majesty that now is ; wherewith the said earl is charged by his majesties attorney-general , on his majesties behalf , in the most high and honorable court of parliament , before the king and the lords there . and not acknowledging any the supposed treasons , crimes , offences , and contempts , wherewith he is charged in , and by the said articles to be true ; and saving to himself all advantages , benefit , and exception , to the incertainty and insufficiency of the said articles ; and of the several charges in them contained : and humbly praying , that his cause may not suffer for want of legal form , whereunto he hath not been used , but may be judged according to such real and effectual grounds and proofs , as may be accepted from an ambassador ( the ground of the charge growing thence ) and that he may have leave to explain himself , and his own meaning in any thing that may seem of a doubtful construction . for answer , saith as followeth . i. the first article he denieth ; and because the matters contained in the said article consist of several parts , viz. the loss of the said palatinate , and the match with the said lady of spain , and of the several employments ; as of one extraordinary ambassage to the emperor , and another to the king of spain , in the years . . and . he humbly craves leave of this most honorable court to separate the businesses , and distinguish the times . and beginning with the palatinate first , to give an account of his ambassage to the emperor , and so to make as brief a deduction as he could of the whole carriage in that business , from the beginning of his employment to the time he left it in his ambassage to the emperor , he propounded all things faithfully according to his instructions , and the answers which he returned to his late majesty of blessed memory , were the very same and no other , then such as were given by the emperor under his hand and imperial seal ; the which , according to his duty , he faithfully sent unto his said majesty , and withal did honestly and truly advertise his said majesty what he understood and thought then upon the place ; but was so far from giving to his majesty any ill-grounded hopes in that behalf , that he wrote unto the lords of the council here in england from vienna , iuly , . in such sort as followeth . i am further to move your lordships , that there may be a dispatch made presently into spain to his majesties ambassador , and mr. cottington , that they deal effectually for the repairing and ripening of the business against my coming ; that they use some plain and direct language , letting the ministers there know , that the late letter sent by the king of spain to the emperor , was colder and more reserved then his master had reason to expect . i shall conclude with telling your lordships , that although i dispair not of good success in that knotty business , yet i hope his majesty and your lordships , lay not aside the care of all fitting preparations for a war , in case a peace cannot be honorably had . and amongst other things , i most earnestly commend unto your lordships , by your lordships unto his majesty , the continuing yet abroad for some small time of sir robert mansels fleet upon the coasts of spain ; which , in case his majesty should be ill used , will prove the best argument we can use for the restitution of the palatinate . and this his advice , he saith , was wholly intended by his actions , by being the cause as he returned homeward out of germany , to bring down count mansfield , whereby the town of frankendale was relieved by supplying of his majesties army then in great distress , with moneys and plate , to the value of l. meerly out of his zeal and affection to the good of the king and his children , having no warrant or order , but that his heart was ever really bent in effects more then in shews , to serve the kings son-in-law and his cause , as by the discourse of this business will appear . and how acceptable these services were , will more appear by the letters of the queen of bohemia , in these words following . my lord , having understood from heidelburgh , how you have shewed your affection to the king and me in all things , and in the help of money you have lent our soldiers ; i cannot let so great obligation pass , without giving many thanks for it by these lines , since i have no other means to shew my gratefulness unto you : howsoever assure your self that i will never be forgetful of the testimonies you give me of your love , which i intreat you to continue , in doing the king and me , all good offices you can to his majesty . you have been an eye-witness of the miserable estate our countreys are in ; i intreat you therefore to solicite his majesty for our help , you having given me an assurance of your affection . i intreat you now to shew it in helping of us by your good endeavors to his majesty , and you shall ever binde me to continue as i am already your very affectionate friend elizabeth . which letters were seconded with others about the same time , both from the king of bohemia and council of heidelburgh , to the same effect : and how much satisfaction his late majesty received in that behalf , and touching that business , will plainly appear several ways , and particularly by his speech in parliament . and the said earl likewise appealeth to both houses of parliament , to whom by his late majesties order , he gave a just and true accompt of that employment , with what true zeal he proceeded ; and how he pressed , that single treaty and promises no longer be relied on , but that a fitting preparation for war might go along hand in hand with any treaty of accommodation . and for a conclusion , among many of his late majesties approbations of his carriage in this employment , he humbly desireth that a letter of the duke of buckinghams under his own hand , bearing date the eleventh of october , . may be produced , being as followeth . my lord , i am exceeding glad that your lordship hath carried your self so well in this employment , that his majesty is infinitely pleased for your service you have done ; for which he commanded me to give your lordship thanks in his name , until he see you himself . you of all men have cause to commend his majesties choice of such a man , that unless your heart had gone with the business , you could never have brought it to so good a pass . amongst other things , his majesty liketh very well the care of clearing his honor , whereof he will advise further with your lordship at your next coming over . i hope you will not finde your negotiation with the infanta of such difficulty as you seem to fear in your letter , seeing my brother edward hath brought with him a letter from his majesties son in law , whereby he putteth himself solely to his majesties advice and pleasure for his submission , as you will perceive by the copy of the letter it self , which i here send your lordship ; wherein though there be many things impertinent , yet of that point you may make good use for the accomplishment of the business , wherein i have written to the spanish ambassador to use his means and credit likewise ; which i assure my self he will effectually do , especially seeing the impediments are taken away by count mansfields composition , and the conformity of his majesties son in law to this submission . for the money your lordship hath so seasonably laid forth , his majesty will see you shall sustain no loss , holding it very unconscionable you should suffer by the care of his service ; which you have shewed so much to his contentment , to the great joy of your lordships faithful servant . geo. buckingham . having given this accompt of his employment with the emperor , he humbly craveth leave to make it known in what sort before this his employment he endeavored to serve the prince palatine and his cause , which will best appear by his majesties own testimony , upon the going of sir francis nethersole to the prince palatine ; at which time his majesty being out of his royal and just heart , desirous to do a faithful servant right , commanded sir francis nethersole to let the prince palatine understand how good a servant the said earl had been unto him , and how active in his affairs , as will best appear by a dispatch of sir francis nethersole , written all with his own hand to sir george calvert , dated in prague august . , and sent by his late majesty to the said earl for his comfort , being as followeth . right honorable , that you may be the better assured , that i have neither forgotten nor neglected the commandments received from his majesty by your honor ; you will be pleased to have the patience to hear me report what i said to this king upon the delivery of my lord deputies letters to his majesty ; which was , that the king my master , whose iustice is so renowned over the world , did use to shew it in nothing more then in vindicating his servants from wrongfull opinions , whereof he knew noble hearts more sensible then of injuries done to their persons or fortunes ; that out of his royal disposition his majesty having found my lord digby mistaken by some of his own people at home , by occasion of his being by him employed in the affairs with spain , having thereupon conceived a jealousie that the same noble lord might be also misreported , hitherto his majesties hands in that respect gave me a particular commandment to assure his majesty , he had not a more truly affectionate servant in england : and for proof thereof , to let his majesty understand , that whereas the baron of doncaster , now his majesties ambassador for england , had since his coming hither obtained but three great boons for his majesties service ; viz. the loan of money from the king of denmark , the contribution in england of the city and countries , and the sending ambassadors to the contrary parties , that my lord digby had been the first propounder of all those to the king my master , before his majesties ambassador , or any other of his servants in england ; although his lordship were contented that others who were but set on should carry away the thanks and prayers , because his lordship being known to be the first mover therein might possibly weaken the credit he hath in spain , and to render himself the more valuable to serve both his own master and his majesty ; in which respect i humbly prayed his majesty to keep this to himself . by which testimony it may appear , as the said earl conceiveth , how he the said earl bestowed himself before his ambassage , and in his said ambassage with his said late majesties approbation thereof . now he humbly craveth leave to give your lordships accompt how he proceeded after his return from the emperors court. assoon as he came into england , he discovered unto his majesty and the lords of the councel , in what great wants he had left the forces in the palatinate , and sollicited the present sending away of money ; thereupon thirty thousand pound was borrowed of sir peter vanlore , sir baptist hicks , and sir william cortine , and presently sent unto the palatinate , besides the ten thousand pounds which he lent for which he paid the interest out of his purse for six moneths , having also given not long before five hundred pounds by way of benevolence to the service of the said palatinate . now in the interim betwixt his return from the english coasts , which was in november , and his going into spain in may , he first gave his accompt as aforesaid of his ambassage to both houses of parliament , and moved them as effectually as was possible for the supplying of his majesty , and that the money might wholly be imployed for the succor of the palatinate . the parliament being dissolved , he sollicited with great care and industry the setling of some course for the supplying of the palatinate , and his majesty was perswaded to maintain eight thousand foot and sixteen hundred horse under his own standard , and at his own purse in the palatinate , to establish a certain course for due payment of the said army : the lord chichester was upon the said earls motion sent for out of ireland , and the said earl by his majesties command took order for his dispatch . in this estate the said earl left his affairs at his departure towards spain in may , nothing doubting but that all things would have effectually constantly been pursued , according to the order which was setled and resolved on at his departure . at his arrival at the court of spain he presently proceeded according to his instructions , pressing the business of the palatinate as effectually as he could , and faithfully labored and effected from time to time ( as far as to the point of negotiation ) all particulars that were given him in charge , as it will appear by his late majesties letters upon every particular occasion ; and if by the accidents of war for that summer , the marquess of baden , the count mansfield , and the duke of brunswick received each of them an overthrow , ( the ordering of whose affairs his majesty so far complained of to his son-in-law , as to give order for the withdrawing of his forces , as will appear by his majesties letters on the third of iune , and also by his letters unto sir horace vere , and the lord of chichester of the same date , if there were not a speedy redress ) if by any of those accidents those businesses have miscarried , the said earl hopes he shall not be liable to the blame , it having no relation to him , or to his imployment , having so far and so honestly with his best affections imployed his care and utmost services in the businesses , as his majesty was pleased by many several letters upon several actions to signifie his gracious acceptance of his service , as in his letters of november . . written as followeth ; viz. your dispatches are in all points so full , and in them we receive so good satisfaction , as in this we shall not need to inlarge any further , but onely tell you , we are well pleased with this diligent and discreet imployment of your endeavors , and all that concerneth our service ; so are we likewise with the whole proceedings of our ambassador sir walter aston . thus we bid you heartily farewel . newmarke● , novemb. ▪ . and afterwards his majesty was likewise pleased in his letters of ianuary . a little before our gracious soveraign lord the king , then prince , his coming into spain ; viz. as followeth . concerning that knotty and unfortunate affair of the palatinate , to say the truth , as things stand , i know not what you could have done more then you have done already . and whereas it is objected , the palatinate should be lost by the hopes he the said earl gave by his letters out of spain , it is an objection of impossibility ; for there was nothing left but mainheim and frankendale when his first letters out of spain could possibly come to his late majesties hands ; for he did not begin to negotiate that business until august . and about that time heidelberg , and all but mainheim and frankendale was lost ; and mainheim he had saved by his industry , had it not been so suddenly delivered , as is by his majesty acknowledged by letters of november . written thus ; viz. and howsoever the order given to the infanta for the relief of mainheim arrived too late , and after the town was yielded to tilly ; yet must we acknowledge it to be a good effect of your negotiation , and an argument of that kings sincere and sound intention . and frankendale being by the said earls means once saved , was again the second time saved meerly by the said earls industry ; and procuring a letter from the king of spain , dated the second of february . whereupon followed the treaty of sequestration , which hath since continued ▪ and he the said earl was so far from hindring succors by any letter or counsel of his , that he was the sollicitor , and in great part the procurer of most of the succors that had been sent thither , as is formerly set down . and when his royal majesty that now is , and the duke of buckingham arrived at the court of spain , they found the business of the palatinate in so fair a way , that the spanish ministers told them , the king should give his late majesty a blank , in which we might frame our own conditions ; and the same he confirmeth unto us now ; and the like touching this blank was likewise acknowledged by the duke of buckingham in his speech in parliament , after the return of his majesty out of spain . and it will appear by the testimony of sir walter aston , and by his and the said earls dispatches , that the said earl wanted not industry , and zeal in the business ; insomuch as the last answer the said earl procured herein from the king of spain , was fuller then he the said earl was ordered by his late majesties latest letters to insist upon . so as by that which hath been alledged , the said earl hopeth your lordships will be satisfied , not onely that he wanted neither will nor industry , but that he hath with all true zeal and affection , and with his own means faithfully served their majesties , and the prince palatine in this cause : and for assurance in that affair , he had all that could be between christian princes ; and if in the said assurances there hath been any deceit , as by the said article is intimated , which he never knew nor believed , he referred it to god to punish their wickedness : for betwixt princes there can be no greater tye then their words , their hands , and seals , all which he procured in that behalf ; and both the said earl and sir walter aston were so confident that the business would be ended to his late majesties satisfaction , that in a joynt dispatch to his late majesty of november . after his now majesties return into england , they wrote as followeth ; viz. we hope that your majesty may , according to your desire signified to me the earl of bristol by the letters of october , give to your majesties royal daughter this christmas the comfortable news of the near expiring of her great troubles and sufferings , as unto the prince your son the congratulation of being arrived to a most excellent princess . and having thus given your lordships an accompt of his proceedings touching the palatinate , he will by your lordships good favors proceed to the other part of that charge concerning the marriage . and first touching his hopes and assurances that he is charged to have given to his late majesty and ministers of state here in england , of the spaniards real proceedings in the said match , when he said he knew they never meant it : he saith , he never gave any hopes of their proceedings , but such , and the very same that were first given to him , without adding or diminishing ; neither could he have done otherwise either with honesty or safety . and he further saith , that the hopes he gave were not upon any intelligence ; but as well in that of the match , as the other of the palatinate , his advertisements were grounded upon all the assurances both of words and writing , that could possibly pass between christians ; as will be made evidently appear by his dispatch of september ; which he humbly desires may be read , if the length of it may not displease . the substance being to shew all the engagements and promises of the king of spain , that he really intended the match . and the causes why the conde olivares pretended to the duke of buckingham , that the match was not formerly meant , was onely thereby to free himself from treating any longer with the said earl , to the end that he might treat for larger conditions in point of religion with the said duke : the said conde olivares taking advantage of having the person of his majesty , then prince , in his hands . and with this dispatch the said earl acquainted his majesty that now is , in spain before he sent it . and by this dispatch the earl doubteth not but that it will appear to this honorable court , that whilest the treating of this business was in hand , he proceeded in that , not onely with care and industry , but with some measure of vigilancy . and for clearing an objection that hath been alleadged , that the match was never meant before the dukes coming into spain , nor after ; the earl craveth leave to set down some few reasons of many , which caused him to believe that the said match was , and had been really meant , and that it was so conceived by both their majesties , and the king of spain , and their ministers on both sides . for first , the duke of buckingham certified his late majesty , that the business of the marriage was brought to a happy conclusion ; whereupon his late majesty was pleased to give order to the duke and earl to proceed in the business , which his said majesty would not have treated till the said marriage was concluded , as will appear by a letter of his said late majesty joyntly to the duke of buckingham and the said earl , of the iuly , . secondly , it will appear by letters of the said lord conway to the duke of buckingham , bearing date september . . that the said duke had good assurance of the conclusion of the said match ; and upon this confidence were all things put in due execution in england , as had been capitulated ; and the lord conway and others faithfully agreed , and setled all the points of immunity and liberty for the roman catholicks , for the use of their religion , as was set down in the declaration , august . . hereafter mentioned in the answers to the fifth article of this charge . thirdly , the very day his now majesty and the duke of buckingham departed from the escurial in spain towards england , the said duke solemnly swore the treaty of the said marriage , and the furtherance of it all that should be in his power , upon the holy evangelists , in the presence of the said earl and sir walter aston . fourthly , the treaty of the said marriage had been formerly signed , sealed , and solemnly sworne by the king of spain : and when his majesty and that king took their leaves , he did solemnly in the words of a king faithfully and punctually protest to perform all that had been capitulated in the treaty of marriage ; and thereupon imbraced his majesty at his departure , and sent the very next day a letter written all with his own hand to his majesty , vowing and protesting to make all good that he had capitulated or promised unto his majesty at his departure the day before . so that if there were no true meaning on the part of spain to make the marriage , as by mr. attorney is pretended , yet certainly the earl hath not been sleightly deceived ; neither can it be , as he conceiveth , any fault in him , since not only his late majesty , but also his majesty that now is and the duke of buckingham being then both upon the place , did confidently believe , and that upon other grounds then misinformations , suggestions and perswasions of the said earl , that the marriage was really intended : and to that effect both his late majesty of blessed memory , and his most excellent majesty that now is , after his return into england , wrote unto him the said earl several letters , assuring him that their intents and pleasures were to have the said match proceeded in , and thereupon the proxies of his majesty then prince were again inrolled and sent unto the said earl. so that the said earl having so many , and so great causes to be assured that the match was really intended on both sides , he conceiveth it will be hard for mr. attorney to make good that part of his charge , wherein he affirmeth that the earl should know the contrary , or the assurance to be upon false grounds , as in the said article is alleadged . ii. to the second article , he directly denieth all the supposed offences wherewith he stands charged by the said article . and for a clear declaration and manifestation of the truth and manner of his proceedings , he saith , first , as to the continuing the treaties upon generalities , that the temporal articles were by agreements on both sides not to be treated or setled , until such time as the articles of religion were fully agreed on ; for that it was held most proper and honorable for both sides , first to see if the difficulty of religion might be removed , before they passed to any further engagements . and the said articles of religion , by reason of the popes new demands sent into england by mr. gage , were not signed nor condescended unto by his late majesty , nor his majesty that now is , then prince , until ian. . . and were then sent away in post out of england to the said earl by mr. simon digby , who arrived with them at madrid in spain about the . of the same moneth . but the earls care was such to have no time spent in the setling of the temporal articles ; that before he would condescend so much as de bene esse unto the articles of religion , that they should be sent back to rome , he procured the king of spain to promise , that within the time limited for procuring the desponsories , which was by march or april following the furthest , all the temporal articles should be setled and agreed , to the end that the infanta might be delivered at the spring ; as by the king of spain his answer in writing , was declared to be the kings intention . and accordingly sir walter aston and the said earl did not deal in general , but did most industriously labor to settle all in particular , viz. that the portion should be two millions , it appearing that it was so agreed by the late king of spain : that the dispensation coming , the desponsories should be within forty days after ; and that don duarte de portugal should be the man that should attend the infanta in the journey . and all other particulars necessary for the conclusion of the said treaties , were by sir walter aston and the said earl , and the spanish commissioners , drawn up into heads in writing , and after many debates they were consulted with that king ; and martii . stilo vet . the conde gondomar , and the secretary don andreas de prada , were appointed to come home to the house of the said earl , to signifie unto sir walter aston and himself , as they did , that the king of spain had declared his resolution in all the particulars , and given them order to come to a speedy conclusion with them in all things : and that kings answer to that conclusion the earl saw , and read all written with the king of spain's own hand . on the seventh day of the said moneth of march . the kings ▪ majesty , then prince , and the duke of buckingham arrived at madrid ; and then the spaniards took new laws , and the negotiation was put into a new form . so that whereas it is objected against the earl , that he entertained and continued the treaties so long upon generalities ; he conceives it is not meant upon the spiritual articles , for they were such as were sent from rome into england , and from thence they came to the earl : and for the temporal articles , they were not to be setled and treated , till the articles of religion were concluded . he conceiveth it cannot be alleadged with any colour , that his majesty was entertained with generalities , since the time that the said articles of religion were brought unto the said earl by mr. simon digby , being about the . of ianuary . there were but six weeks until march . following , when his majesty then prince arrived in madrid ; and in the interim all the above-mentioned particulars were setled : and the time that hath been spent in this treaty hath not been through his the said earls default in continuing upon generalities without pressing to particulars , but hath been caused as well by difficulties which the business brought with it , as also with exterior accidents , viz. the wars of bohemia , the death of two popes and of the late king of spain , without the least fault of the said earl , as is acknowledged by his late majesty of blessed memory , in the said earl his instructions on the . of march . neither could any delay herein be attributed unto him the said earl ; for he was imployed in those times into germany and flanders , and sir walter aston and sir francis cottington for the space of three or four years were resident in spain ; from whence the hopes they gave were upon all the discreet grounds that ministers can expect from a state : but the earl reassumed this business six moneths before his majesties coming into spain ; and he was so desirous to see his majesty then prince bestowed , that he pressed nothing so much both to the king and prince , as that the prince might lose no more time , and rather to break the match with spain then suffer any further delays ; as will appear by his dispatches from his first arrival at the court of spain , until his majesties then prince his coming . for in his letters of iune . . being the first he wrote after his first audience , he was so desirous that no time might be lost , that in them he craveth leave of his majesty , that in case he should find any delays in spain , he might without expecting any order take his leave and come home . upon the return of sir francis cottington , in september following , he wrote both to the king , and his majesty then prince . to the king as followeth . i shall presume to add to that which mr. cottington shall deliver unto your majesty by word of mouth of the present estate of the match , what i conceive to be the right way to bring it to a speedy issue : that your majesty will be pleased positively to declare what you will do in point of religion , and that you will appoint me a certain limited time by which this king should procure the dispensation , or conclude the match without it ; and in case there shall be any further delay therein , that i may then declare your majesty to be free and disengaged , to bestow the prince in such sort as you shall judge most convenient . and to the prince at thesame wrote in these subsequent words , viz. that which will be necessary for his majesty presently to do on his majesties part , is to declare himself how far he will be pleased to yield in point of religion , as mr. cottington will approve unto your highness : and that he set a prefixed time to break or conclude the match , either with the dispensation , or without the same . for the rest , it may be left to my negotiation : but your highness may be pleased to hasten his majesties resolution with all possible speed . and the said earl saith , that having received from his said late majesty his resolution in point of religion , and a limited time according to his desire , he was so precise and punctual therein , that although the making or breaking of the marriage depended upon it , he would not give one moneths respite longer time for the procuring of the dispensation , until he had first acquainted his late majesty therein , and received his directions under his own hand ; as will appear by his majesties letters of octob. . . as followeth . right trusty and welbeloved cousin and counsellor , we greet you heartily well . whereas by your last letter written to our secretary , dated sept. . you are desirous to have our pleasure signified unto you under our own hand , whether we will be content or not to grant a moneths time longer for the coming of the dispensation from rome , then we have already limited unto you , in case they shall there conclude all things else to our contentment , with a resolution to send the infanta hither the next spring : we do hereby declare unto you , that in that case you shall not break with them for a moneths longer delay . we also wish you not to trouble your self with the rash censure of other men , in case your business should not succeed ; resting in that full assurance of our iustice and wisdom , that we will never judge a good and faithful servant by the effect of things so contingent and variable . and with this assurance we bid you heartily farewell . and he further saith , that when he had agreed to the articles of religion , and that a certain time was set for the coming of the dispensation , and a conclusion of the match , although he would bind himself to nothing without his majesties approbation , yet for that no time might be lost , he agreed to the propositions de bene esse , sent by mr. porter decemb. . . to the end the articles might immediately be sent to rome , without losing so much time as to hear first from england : and humbly moved ; that in case his majesty should like of the said articles , he would send his approbation directly to rome for the gaining of time ; which his majesty was pleased to do . and at the same time he wrote both to his said late majesty , and his majesty then prince , as followeth , viz. to his majesty . this is the true state of the business as it now standeth . if your majesty approve of what is done , i hope it will be a happy and a short conclusion : if your majesty think it not fit to allow and condescend to the said articles , i have done the uttermost of my endeavors , and shall humbly perswade your majesty not to lose a day longer in the treaty , so much it importeth your majesty and your kingdoms , that the prince were bestowed . and to the prince in letters of the like date in this sort . i have presumed to write to his majesty , that which i think my duty to say to your highness ; that in case you shall not approve of what is now conditionally agreed , you permit not a day more to be lost in this treaty : for it is of so great consequence that your highness were bestowed , that it importeth almost as much that you were speedily , as ●itly matched . but i hope his majesty and your highness will in such sort approve of this last agreement , as you will speedily bring this long treaty to a happy conclusion . i am out of hope of bringing things to any better terms ; therefore i deal clearly with your highness , and do not only most humbly perswade , but on my knees beg it of you , that you either resolve to conclude this match as you may , or speedily to break it and bestow your self elswhere ; for no less then the happiness of your kingdom , and the security of the king your father and your self depend upon it . all which things being considered , the earl most humbly submitteth himself to the judgment of that most high and honorable court , whether the delays which accidents have brought forth in this business can be attributed to his fault ; since on the one side it will evidently appear to your lordships , that be never moved his majesty and the prince to admit of delays , but rather to think of some other course ; and it will on the other side appear by all the dispatches , that he pressed things with the ministers of spain to as speedy a conclusion , as the uttermost terms of fair negotiation and good manners would bear . and whereas it is pretended that the spaniards should take occasion by entertaining the said treaties to abuse his said late majesty , ( which he knoweth not ) yet he saith he used all the vigilancie and industry that a careful minister could do , and had from the spaniards all the assurances by oaths , words and writings , which could be expected from christians ; the which , without adding or diminishing , he faithfully presented unto his said late majesty ; and his said late majesty was pleased in those times to conceive upon those assurances , that they dealt really with him : and he conceiveth that his majesty that now is , then prince , and the duke of buckingham were pleased to write as much to the late kings majesty at their first coming into spain , and that all which the said earl had written touching that imploiment was there avowed by the conde olivarez and conde gondomar to the said prince and duke , at their arrival at madrid ; and he hopeth that if that dispatch may be perused , it will as well appear and be adjudged that he served his majesty with some measure of vigilancie , as well as fulness of fidelity . iii. to the third article the said earl saith , that he did not either by words or by letters to his late majesty or his ministers , extol , or magnifie the greatness and power of the king of spain , nor represented to his late majesty the supposed dangers that might ensue unto him , if a war should happen between him and the king of spain , nor affirmed nor insinuated the same , as in the said article is mentioned ; but if he did at any time speak or write of the power and greatness of the king of spain , or represented any danger to his said late majesty that might ensue by entring into hostility with the said king of spain , it was as a faithful counsellor and servant to his majesty by way of his advice and opinion , which he ever delivered sincerely , faithfully , and truly , according to the present occasion , and in no wise with such as intent as in the said article is mentioned , nor to any other evil intent and purpose whatsoever . but he hath been so far from disswading his late majesty to take arms , that he hath upon all just occasions advised , that all fitting preparations for war might be made , as beginning with the year . from which time he is onely charged , will appear by his speech in parliament presently after his return out of germany ; and that he hoped his majesty would no longer relie upon single treaties , but make all fitting preparations for war ; and that the parliament would enable his majesty thereunto ; and by the care he took before his going again upon his ambassage into spain , that the establishment of an army under his majesties own standard , of horse and foot , and under his own pay , might be setled and provided for ; as likewise his advice to the lords of the council , that his majesty might have a curb upon the king of spain upon all occasions , by continuing of sir robert mansfields fleet upon the coasts of spain , as will appear by his letter written from vienna , iuly , . mentioned in the answer to the first article . by all which it appeareth , that he labored and endeavored as much as in him lay , that his majesty might be well prepared for any occasions of war that should happen . and he no way remembreth to have discouraged , or to have spoken or written any thing that might have been understood to have tended to the discouraging of his said late majesty for the taking of arms , and entring into hostility with spain , or for resisting of him and his forces , from attempting the invasions of his late majesties dominions , or the dominions of his late majesties confederates , friends , or allies , as by the said article is charged against him ; neither remembreth that he had any cause so to do . but if he have in any kinde spoken or written of spain , or the power thereof , it may have been to his late majesty , or his majesty that now is , by way of discourse , speaking of the solidness of the spanish proceedings , of their serious and deliberate debating of business before they resolve on them , of the constant pursuing of them when they are once resolved , wishing that england and other nations would therein imitate them : for he supposeth the right way to impeach their greatness , was to grow as wise as they , and to beat them at their own weapons . but otherwise he is confident never to have been heard to speak or write any thing that might give any terror or discouragement , to his late majesty or his cheif ministers , knowing that england well-ordered , need to take little terror at the power of spain , having almost in all attempts and enterprises won honor upon them . and as for the preventing of dangers that might ensue upon a war , though he knew not what is aimed at in that particular ; yet he is most confident out of the integrity of his own conscience , that he neither said , nor advised any thing but what befitted a faithful counsellor and an ambassador , which was truly to deliver his opinion as he understood it upon the present occasion : and as for affirming that his majesties quiet should be disturbed , and he not to be permitted to hawk or to hunt , he remembreth not what discourse he may have had , or written to any person , how fit it might be upon the being broiled in a great war , seriously to intend it , and to make it our whole work . but as he is confident it will appear , that what discourse soever it might have been , it wanted not true zeal and affection which he hath ever borne to the kings service . and he hopeth it will not be found to want due respect and reverence on his part , which he ought to shew to so gratious a master . neither can it be conceived , that the considerations of hunting and fowling , should be considerations worthy so great and prudent a king , to withhold from a war for the good of christendom , and his kingdom , if he should have been justly provoked thereunto . iv. to the fourth article the said earl saith , that he did not any thing contrary to his duty and alleagiance , or contrary to the faith and duty of an ambassador , as by this article is alleaged , but did intend the service and honor of his late majesty , and no corrupt and sinister ends of his own advancement , as by this article is also alleaged . and as for the conferences which is pretended he should hold concerning the treaty , that being told there was little probability that the said treaties would or could have good success , he should acknowledge as much ; and yet said , he cared not what the success thereof might be , but that he would take care to have his instructions perfect , and to pursue them punctually , and would make his fortune thereby , or words to that effect ; he doth not ever remember to have held such discourse . though it be true , the time hath been many years since , when he thought the match very unlike to be effected , in regard unequal answers were given in prince henries days , and of the unlikelihood of accommodating the differences of religion . and saith further , that the reviving of the treaty of the said match for his majesty that now is , was not by his means , for he ever declared his opinion clearly , both to his late majesty and to his majesty that now is , that in the first place he wished and advised a protestant match , but in the duty of a servant understanding that both their majesties desired the match really with spain , he did really and faithfully intend the service and honor of their majesties , and effectually endeavored to procure their ends . and it is very likely he might say , he would get his instructions perfect , and pursue them punctually , as he conceiveth was lawful and fit for him ; but the latter part of this conference , that he should say he would make his fortune by it , or any other words to that effect ; he was in anno . and ever since of that rank and quality , both in regard of his imployments , fortunes , and his majesties favors , that he assureth himself he did not , and dares answer so far for his discretion , that it was impossible for him to hold so mean and unworthy discourse . v. to the fifth article he saith , that what is therein alleaged , is so far from being so , that contrarily upon all occasions to the uttermost of his power , he did labor to prevent all the inconveniences in point of religion that might come by matching with a princess of a different religion , as well appeareth by the paper of his opinion , that his majesty should marry with a lady of his own religion , hereafter mentioned in his answer to the seventh article . and for further proof thereof , he saith , that in the whole treaty with spain he stood more strict in points of religion , then by his instructions he needed to have done , as will appear by the testimony of sir walter aston , and his dispatches of the twelfth of december , . and other dispatches , which he desireth may be read . and as for concealing or perswading to set at liberty the priests or jesuits , he utterly denieth to have done any such thing , as before he hath answered . although it be true , that the ambassage in spain be far different from the employment in other places , where there is a body of our reformed religion , and whereby his majesty hath kinred and allies ; whereby his majesties ministers may be informed of the necessary occurrents of state , without the helps of priests or jesuites . but in spain there being none but roman catholicks , nor any manner of correspondency or intelligence but by them , the ambassadors must make use of all sorts of people , especially of jesuites and priests , and to that end ambassadors sent thither have a large and particular warrant under the kings hand , to treat , and make use of priests and jesuites , and all other sorts of men , unless it be such as are proclaimed rebels : and divers times the ministers employed in spain , to gratifie some whom there they employed for the kings service , have as he believeth , at their partiticular suit moved his majesty to extend grace and favor to some parcular friend , and kinsman of his , being a roman catholick , and imprisoned in england ; and that he remembreth to have hapned to others , but doth not remember himself to have written to his late majesty in that kinde : and as concerning his advice and counsel , to set at liberty jesuites and priests , and the granting to the papists a toleration , or the silencing of the laws against them , he said , that his late majesty was engaged by the treaty of madrid , . in divers matters concerning religion ; likewise by promise to conde gondomar , and his letters to the king of spain , april , . wherein he is pleased to promise some particulars in favor of roman catholicks , as by the said letters will appear : and notwithstanding the said earl had sufficient warrant under the kings own hand , to assure the king of spain whatsoever was agreed in the said article , or in the said letters , his majesty would sincerely perform ; yet the said earl was so cautious in that point , that when for the conclusion of the match the other articles of religion being allowed , it was pressed by the spanish ministers , that a clause of convenience might be inserted with protestation , that the form and way thereof should be wholly left to his majesties wisdom and clemency , and that his majesties roman catholick-subjects should acknowledge this grace to have come from the kings majesties mercy and goodness : yet the said earl would not condescend hereunto de bene esse , as by his letters to master secretary calvert , october , . will appear , hereby to give his majesty time to have recourse unto his second consultation , and to take it into consideration before he would engage or binde himself in this point : but his late majesty and his majesty that now is , were pleased to condiscend hereunto by signing the said articles with their own hands ; and likewise by writing their private letters of the eight of ianuary , . to that effect to the king of spain , as by the said letters will appear . neither did the said earl by letters , or otherwise , ever counsel or perswade his late majesty , to grant or allow unto the papists or professors of the roman religion a free toleration , and silencing of the laws made and standing in force against them , but ever protested against any such toleration ; and when any such provision hath been offered to be made in spain , he ever refused so much as to give ear to it , or to suffer it to be propounded ; although it be true , that he hath since seen a paper touching pardons , suspensions , and dispensations for the roman catholicks , bearing date the seventh of august , . signed by the lord conway , and others , which in effect is little less then a toleration ; which paper is that which followeth . salisbury , august . . the declaration touching the pardons , suspensions , and dispensations of the roman catholicks . for the satisfaction of their excellencies , the marquess of ynojosa , and don carlos de colonia , the lord ambassadors for the king of spain ; and to the end it may appear that his majesty of great britain will presently and really put in execution the grace promised and intended to the roman catholicks his majesties subjects , and of his own grace more then he is tyed to by the articles of treaty of marriage . we do declare in his majesties name , that his majesties will and pleasure is , that a legal and authentical pardon shall be passed under the great seal , wherein shall be freely pardoned all those penalties , forfeitures , and seisures , indictments , convictments , and incumbrances whatsoever , whereunto the roman catholicks are lyable or have been proceeded against , or might be , as well priests , as others , for matters of conscience onely , and to which the rest of his majesties subjects are not liable . and to the end his majesty may make himself clearly understood , where it shall happen that any of those forfeitures and pecuniary mul●s have béen given away under his majesties great seal , his majesty will not hide that it is not in his power so to make void those letters patents , except they be voidable by law ; and then his majesty is well pleased that all roman catholicks may in these cases plead in law , if they finde it good , and shall have equal and legal tryal . and his majesty is likewise pleased that his general pardon shall remain in being five years , to the end , all that will may in that time take it out ; and his majesty will give order for the comfort of the poorer sort , that the pardon shall not be costly , but such like course shall be taken as was in a like occasion at his majesties coming into england ; and that it shall be lawful to put as many as can be possible into one pardon . and we do further declare , that his majesties will and pleasure is , to the end the roman catholicks his majesties subjects , may have a present and a frée fruition of as much as is intended them by the articles of treaty of marriage , to cause a present suspension under his majesties seal of all those penal laws , charges , and forfeitures , whereunto the roman catholick subjects of his majesty have heretofore béen subject , and to which the rest of his majesties subjects have not béen liable ; and in the same grant and under the same seal , to give a dispensation and toleration to all the roman catholicks his majesties subjects , as well priests , as temporal persons and others , of and from all the penalties , forfeitures , troubles , and incumbrances , which they have béen or may be subject to , by reason of any statute or law whatsoever , to the observation whereof , the rest of his majesties subjects are not bound . we do likewise declare , that his majesty hath promised in his royal word , that the execution shall be no ways burthensome or penal to the roman catholicks , but that for the manner of priviledging , and fréeing them from that , he must confer with bishops and advocates , into which he will presently enter and expedite by all means . and we do further declare , that his majesties intention is presently to pursue his former directions ( which had béen before executed , if their excellencies had so thought good ) to put under his seal severally the said pardon , and suspension , and dispensation ; and that his majesties attorney , and learned council shall have referred to them the charge to pen them with all those effectual words , clauses , expressions , and reservations , which may presently give fruition to the roman catholicks his majesties subjects , and make them inviolable in the fruition of all that is intended and promised by his majesty in the articles of marriage , and his majesties further grace . and we do declare , that his majesties further will and pleasure is , for the better satisfaction and discharge of the care and endeavor of their excellencies the ambassadors , that it shall be lawful to them to assign a discréet person to entertain such sufficient lawyers as shall be thought sit to take care to the strength , validity , and security of the said grants ; and his majesties attorney shall have charge to receive and admit the said lawyers to the sight and judgment of the said draughts , and in any doubts to give them satisfaction , or to use such legal , necessary , and pertinent words and phrases , as he the said lawyer shall propound for the security of the roman catholicks , and sure making of the said grants . and we do further declare , that his majesties pleasure is , to make a dispatch into ireland un●o his deputy there , by the hands of the lord treasurer and secretary of state , sir george calvert , for the present confirming and sealing the things concerning the roman catholicks answerable to the articles of treaty , his royal promise and procéedings here . and for scotland , that his majesty according to the constitution of his affairs there , and regard to the publick good , and peace of that kingdom , and as soon as possible , will do all that shall be convenient for the accomplishment of his promise in grace and favor of the roman catholicks his subjects , conformable to the articles of treaty of marriage . but this declaration , the said earl saith and affirmeth was the effect of the duke of buckinghams negotiation , and treated and concluded by the lord conway with the spanish ambassador here , whilst the prince was in spain ; neither was his privity or advice in it : for if he had known it , he should have protested against it . all which , together with the difference betwixt the conditions of religion agreed at the treaty of madrid , december , . by the said earl , and the said sir walter aston , being by their lordships considered , the said earl doubteth not but it will manifestly appear whose endeavor it was to advance the romish religion , and the professors thereof ; and judge the said earl most unfortunate to be charged with an article of this kinde . vi. to the sixth article the earl saith , that the assurances which he gave his late majesty , and his majesty that now is , concerning the treaties , were such , that it had been dishonesty and breach of his duty and trust , for him to have held them back , being the same that were given him by the emperor , and the king of spain , and their ministers , upon as great assurances as can pass between ministers of princes in the like case . and for the delays of spain , they could be never so ill , and with so little colour complained of , as at the time of his majesties coming thither ; for that a certain time was before then prefixed for the coming of the dispensation , viz. in april , . at the furthest , which was the next moneth after the princes arival at madrid ; the desponsories were to be within four days following , and the infanta to begin her journey into england twenty days after : so as three moneths patience longer would have shewed the issue of the business without putting of the person of the prince , being heir-apparant to the crown , in so eminent a hazard for the trying of an experiment . and it is an argument of great suspition , because the spaniards were suspected to have dealt falsly , and so the less to be trusted with the person of the prince , to be put into their hands to try conclusions : but the truth is , though that were made the pretended ground , and the occasion of the journey , it was neither the assurances of the said earl , nor the jealousies of spain , but other motives that were the original cause of his majesties said journey , as shall be sufficiently made apparent in due time . and the said earl having got an inkling of it by something that was let fall from the conde gondomar to that purpose , instantly dispatched away mr. grisley to his late majesty to have this journey prevented ; who upon the confines of france , met with his majesty and the duke of buckingham on his journey towards spain , and told them as much . so that although he confesseth what is laid in the charge to be true , viz. that by the said journey , the person of the prince , the peace and safety of the kingdom did undergo further danger ( at the remembrance thereof the hearts of all good subjects do tremble ) yet the blame is due to the authors and advisers of the same journey , and not to the said earl : and although it pleased god , to the exceeding great joy and comfort of the said earl , and of all good men , to send his gratious majesty home with safety ; yet never was the person of any prince , upon such grounds , exposed to so great an hazard , and in such cases ; not the success but the counsellors , are considerable . vii . to the seventh article the said earl saith , that he did not move or perswade his majesty , then prince , to change his religion , neither in the manner in the said article mentioned , nor in any other manner whatsoever : neither doth he conceive , that the charge in it self as it is laid , will in any reasonable construction bear any such inference as is made therein ; so as he conceiveth he needeth not make any further or other answer thereunto . yet that it may appear that the manner he used to the said prince , was not traiterously , falsly , or cunningly , nor without ground , or to any such intent as in the said article is supposed . and to manifest unto this most high and honorable court , how far he was from all such intention , he saith , that he doth acknowledge that within few days after his majesties coming into spain , whilst he had that great honor to have his majesty lodged in his house , and to have so royal a guest , finding by the spanish ministers , that there was a general opinion , that his majesties coming thither was with an intention to become a roman catholick ; and the conde gondomar having that very morning pressed the earl not to hinder so pious a work ( as he termed it ) of his majesties conversion , and seeming to be assured of the duke of buckinghams assistance therein , his majesty being all alone in a withdrawing room in the said earl his house , the said earl kneeled unto him , and told him , that he had a business to impart unto him , which highly imported his majesty to know , so that he might be assured his boldness therein might be pardoned ; which his majesty gratiously promised . and thereupon the said earl told his majesty , that the general opinion of that court was , that his majesties coming into spain , was with an intention to be a roman catholick , and there to declare it . and he confesseth , that at the same time in regard of those things he had heard , he humbly besought his majesty to deal freely with him as a servant , of whose fidelity he might be confident , or words to that effect : but he was so far from perswading his majesty to be a roman catholick , that without respecting his majesties answer , he declared himself to be a protestant , and so should always continue ; yet he said he should always serve his majesty , and labor to advance his and the king his fathers affairs , with as much fidelity and honesty , as any catholick whatsoever : and his majesty was pleased then to make unto the said earl a full and clear declaration of his religion , and of his constant resolution therein ; and seemed to be much displeased , that any should have so unworthy an opinion of him , as to think he would for a wife , or any other earthly respect whatsoever , so much as waver in his religion . whereupon the said earl besought his majesty to pardon his boldness , and then intreated him not to suffer his business to be overthrown by permitting that conceit of his conversion any longer to remain in the spaniards , nor do any thing that might give them hope therein , alleaging , that it was impossible the marriage could be without a dispensation ; and so long as the spaniards , who were to procure the dispensation , should have hope of his majesties conversion , they would never content themselves with a part ; to which they were tied by the articles agreed upon with the said earl and sir walter aston . at which time his majesty was pleased to approve of his opinion , and said he would expect the dispensation , and did thereupon afterwards send mr. andrews to rome to hasten it ; and the next day the said earl dealt very roundly with the conde olivares and gondomar , telling them it was a discourteous manner of proceeding to press his majesty to further conditions then were formerly agreed upon in point of religion , and to make his conditions the worse , for the great obligation he had put upon them by putting himself into their hands ; whereat they took such great offence , that they estranged themselves from him for a long time after . and that the said earl did thus proceed with the said condes , and that it was not a new framed answer to satisfie present objections ; but that which really , and indeed passed , will really appear by his dispatches unto his late majesty of blessed memory ; and before his majesty that now is came out of spain , they were there shewed unto his majesty , bearing date the nineth of september , . so that although it be true , that he the said earl did not disswade his majesty , for that there was no cause for it ; yet without expecting his majesties answer , he first made a clear and true profession of his own religion : and when his majesty had declared to him his zeal and constancy , he humbly besought him , that the spaniards might not for any respect be longer held in hopes of that point . and because point of religion is that which all men of honor and honesty should cheifly desire to clear , especially having an imputation of that nature laid upon them , as the said earl hath in the said article , he humbly beseecheth your lordships , that he may not seem to digress from his charge ; intending your lordships satisfaction in that particular , not by the aforesaid verbal discourse onely , which he professeth was in much zeal to religion and dutiful care to the prince in that kinde , but by some written testimony of his former opinion both of the match and religion . when he was first employed into spain for the treaty of this marriage , . his late majesty having commanded him to give an accompt thereof unto his majesty that now is , he at his departure towards spain , presumed to give unto his majesty that now is , his opinion in writing , signed with his own hand to be kept as a testimony of future actions , the copy whereof is this as followeth . sir , the opinion which i have ever presumed humbly to offer unto his majesty concerning your highness marriage , hath been , that both in regard of conscience and satisfaction unto his majesties people and alleys ; likewise for the security and quiet of your majesties estates , your highness might take for wife some protestant princess , although she neither were daughter to a king , nor had so ample a portion as might relieve the kings present necessities and wants ; for then there might be many ways found to help the kings wants , either by some few years providence , and frugality , or by winning the affections of the people to the supplying of his majesty by way of subsidies in parliament ; whereas contrariwise , if the number and power of the papists shall be increased , as undoubtedly they will be by your highness matching with any catholick princess , through the concession which must be of necessity for the exercise of her religion for her self and family , within your highness courts , and thereby by degrees these two different religions shall grow to an equality of power ; it will be of great hazard and disquiet to the state , and not to be redressed without great danger , and courses of more violence , then is usual for this state to put in practice . but in case his majesty out of his wisdom and consideration , best known to himself , hold it fittest that your majestie match with france , or spain , or any other catholick , either for that the present time affordeth no protestant princess , who is for years or blood suitable for your highness , or that can in any considerable measure by the portion , supply his majesties present wants , i then conceive that the match by which this state shall suffer least inconveniency and cumbers , and whereby his majesties necessities shall by the greatness of the portion be the most relieved , is with spain , is such a match may be made with such conditions of religion , as other catholick princes will contract themselves withall . thus much i thought sit humbly to present unto your highness , for that i see my imployment liable to the censure of many worthy persons , with whom though i concur in my opinion , yet i seem much to differ from them many ways ; for that it is more proper to me to be true to my masters ends and services , then by declaring this to procure their satisfaction : only to your highness i thought fit to make this declaration ; and shall be a suitor to you for your favor , as you shall see me really labor to put this in effect . and if his majesty shall either upon motion of parliament , or any other proposition that can be made unto him , think it fit to proceed with a protestant match , as i shall wish as well unto it as any man living , so i hope in such sort to manage the present business that i have in hand , that it shall rather much further , then any way cross or hinder it . but in case his majesty shall not be drawn to any proposition for a protestant match , i then conceive that your highness both doth , and will approve , that i really and effectually labor to procure a match for your highness in spain , upon such conditions in point of religion and portion , as to his majesty shall seem fit . besides which declaration of his opinion , he hath all the days of his life , and in all places , lived and allowed himself to be a protestant , never having done any the least act that was not suitable to that profession : and in all his former imployments for the space of fourteen years , of more then five hundred persons of all qualities that attended on him , there was never any perverted in his religion , saving two irish footmen , who in ireland had been bred papists . and he humbly desireth the testimony of doctor mason and doctor wren , his majesties chaplains , who were with his majesty in spain , and of master sampford one of the prebends of canterbury , master boswell parson of s. laurence in london , and master frewen divinity-reader in magdalen-colledge in oxford , and now one of his majesties chaplains , who were his majesties chaplains in spain ; as well for the frequent use of the sacrament , as constant profession and exercises of religion , and the testimony of such catholicks as are known to have been his antient acquaintance and friends , to examine them upon oath , whether publickly or privately in spain , or in england ; they had known him in any kind to make shew , or so much as to forbear upon all occasions to declare the religion he professeth . and that the said mr. frewen and mr. wake may be also examined , whether in extremity of several sicknesses whereinto he hath of late years fallen , he hath not ever setled his conscience withthem towards god , and made a confession of his faith , resolving as be-fitting a protestant or good christian. viii . to the eighth article the earl saith , that he did not at any time or in any place endeavor to perswade the prince touching his religion to become a roman catholick , and to be obedient to the usurped authority of rome ; neither did the said earl to that end and purpose , or otherwise , use unto his majesty then prince , the words in the article mentioned . but the said earl acknowledgeth , that upon occasion of a letter that came to his majesty then prince , putting his majesty in mind of the great actions of his royal progenitors in the holy war , that the great kings of those times did not only imploy their forces , but in their persons went into the holy land ; the earl believeth that by way of discourse only , and not otherwise , he may have said , that in regard of the difference in religion , it was of more difficulty to undertake such great actions now , then in former ages ; and it might well be instanced in the present treaty of the marriage , wherein the popes consent was to be obtained . and to this effect , and upon the like grounds , he is confident there were very many that have , nay few of neerness about his late majesty that have not often heard his majesty say , that he was the true martyr , that suffered more for his religion then all the princes of christendom besides ; instancing in divers particulars , but especially in this , that he could not match his children with kings of his own rank , without the popes leave . but the said earl saith , he never alleaged any such thing to any other purpose , then to shew that only conscience and love to truth , ( in which regard protestants suffered much ) not any temporal respects , made men constant and zealous to the profession of our religion . by which discourse he ever attributed much to the honor and security of protestant religion , but never used it as an argument to perswade to the contrary , as in the accusation is insinuated . besides , he conceiveth by way of answer thereunto the said question may be asked , which his majesty was pleased to ask of the earl in the seventh article , viz. what the said earl saw in his majesty , that he should think him so unworthy as to change his religion for a wife , or any earthly respect whatsoever ? so why should it be thought , that being more fit to undertake great actions in the world ( being a meer moral and temporal respect ) should be an argument to perswade in conscience so religious and wise a prince , and so well instructed as his majesty is ; as though the soul of a christian prince was to be wrought upon in point of truth and belief , by temporal and worldly respects of conveniencies and greatness ? it were necessary for the proving that the said earl perswaded his majesty touching religion , to produce some arguments that he used out of scripture to satisfie him in point of conscience in some tenents of the roman church , or that he produced any conference with learned men for his satisfaction in point of religion : otherwise the articles used in this against the said earl , do ( as he conceiveth ) ca●ry little strength to prove the charge of perswading his majesty , either in regard of it self , or in regard of his majesties piety . ix . to the ninth article the said earl saith , that there was a discourse in spain of the way of accommodating the prince palatine his affairs ; and by way of discourse it was moved , that the marriage of his eldest son with a daughter of the emperor , and his son to be bred in the emperors court , would be the fairest way for the pacifying of , and accommodating those businesses . and the earl by way of discourse , and not otherwise , did say , that he thought his late majesty could not be adverse either to the said match , or to the breeding of the prince palatine his son with the emperor ; so as thereby the whole patrimonial estate of the prince palatine , and the dignity electoral might be fully restored , and that his son might be bred in his own religion , and have such preceptors , and such a family , as his late majesty and his father , meaning the prince palatine , should appoint , and they to have free exercise of religion : for so his late majesty hath often declared himself to the said earl , and wished him to lay hold on any occasion for the entertaining of any such proposition . and otherwise then so , and upon the terms aforesaid , and by that way of conference and discourse only , he delivered not any opinion to his majesty at his majesties being in spain : for the said earl is very confident that his majesty was returned out of spain , before any proposition was made for the said marriage , other then by way of discourse , as aforesaid ; the same , as the said earl believeth , being first moved and debated on by way of proposition between mr. secretary calvert and the ambassador of the king of spain , octob. . . his late majesty , upon a relation made unto him by a letter of mr. secretary calvert , approved of the said proposition , and declared the same to be the onely way , as he conceived , to accommodate with honor those great businesses : and wrote to that purpose to his son-in-law the prince palatine , by his letters dated novemb. . a copy of which he , together with mr. secretary calverts relation , and the lord conway by his late majesties commandment , sent unto the said earl ; the tenor of which translated out of french , is as followeth . we have thought good , that we may provide best and most soundly for your affairs , not only to procure , but also to assure your peace , were to cut up by the very roots that evil which hath been setled in the heart of the emperor , by the great displeasure and enmity he hath conceived against you . for the removing and quite extinguishing of which , it seemeth to us no better or more powerful means can be used , then a good alliance which may be proposed by us between your eldest son and the daughter of the said emperor ; upon the assurance we have we shall not be refused in this nature , if you on your part will give your consent . and for the more surety of the good success thereof , we are determined , before any such proposition be made to the emperor , to interess the king of spain with us in the business , who we trust will lend us his helping hand , as well for the effecting of it and bringing it to a good conclusion , as in procuring likewise that the conditions be duly observed . amongst which conditions , if it happen that the emperor should demand that your son during his minority should be brought up in his court , we shall tell you that we for our own part see no reason why you should stick at it , upon such conditions as he might be tied unto , to wit , that the young prince should have with him such governor as you should please to appoint him , although he be no roman catholick ; and that neither he , nor any of his should be any way forced in matter of their conscience . and our meaning is so to order our proceeding in this treaty , that before your said son be put into the hands of the emperor , we will have a clear and certain assurance of an honorable , entire , and punctual restitution of all whatsoever belonging to you : as also we will take care to provide accordingly as fully and exactly for the assurances requisite for the liberty of conscience for him and his domesticks , as they have done here with us touching those that have been granted them for the infanta . and therefore seeing there is no inconvenience at all that may cause your aversness or backwardness in this business , which we for our parts think to be the best , shortest , and most honorable way that you can take for the compassing of the entire restitution , and making your peace sure with the emperor , we hope your opinion will concur with us herein , and shall intreat you by the first to send us your answer . by which letter after his majesties coming out of spain , it appeareth to your lordships that there was no proposition of the marriage betwixt the son of the prince palatine and the emperors daughter , when that letter was written ; for therein his majesty saith , he was determined to interess the king of spain in the business , before any such proposition should be made to the emperor . and it will also thereby appear , that his late majesties opinion was of the conveniencie thereof ; which the said earl hopeth will acquit him , if by way of discourse only he declared what his majesties inclination was , which with honesty he could not have concealed . and the said earl saith , he doth not remember what answer sir walter aston made upon that discourse which he then delivered , nor what replies the said earl made ; but sure he is , whatsoever the said earl said , or what answer or reply soever was made , as it was by way of discourse , and not otherwise , so it was according to that which he truly conceived to be the best and easiest way to accommodate the business , and to be his majesties pleasure , ( which the said sir walter aston may be ignorant of , as he is confident that he was ) and not out of any disaffection to our religion , or for any sinister respect or regard to the house of austria , as by the said article is intimated : for he did not conceive the breeding of the prince palatine's son with the emperor , having a governor appointed by his late majesty and his father , and he and his domesticks to have free use of their own religion , to be a matter of impossibility , or such dangerous consequence in point of religion , as to imply his conversion , as by the article is intimated ; well knowing that in the emperors court all princes there , though his prisoners , and others his counsellors and servants about his person , and of great command in his armies , being avowed protestants , have the free use of their religion : and it is not to be supposed the son of the prince palatine , grandchild to the king of great britain , should be matched , and no care taken to capitulate for the use of his religion , being ever granted to the meanest prince that is bestowed . and his majesties special care in this point is fully seen in the said letter . x. to the tenth article he saith , that by comparing of this article of his too much forwardness , with the second article , whereby he is charged with continuing the treaty upon generalities , without reducing them to certainties and direct conclusions , your lordships will perceive how impossible it was for him to avoid an exception . but for direct answer to the present charge he saith , that he did not presumptuously , nor yet to his knowledge , break his instructions , nor set any day at all for the desponsories ; but was therein meerly passive , in admitting the day nominated by the king of spain according to the capitulation before made : nor did he presumptuously , wilfully , or willingly disobey any commandment or direction of his majesty that now is , then prince , which he could understand not to be countermanded either by present or future instructions otherwise explained . and for the better manifestation of the truth of his proceedings in and concerning the same , he saith , that on the day of the departure of his majesty then prince from the escurial in spain , his highness delivered unto him in presence of the commissioners his proxies powers , with publick declaration taken in writing by the secretary to the king of spain , of the prince his pleasure , and how the said earl should use them , viz. that he should deliver them to the king of spain upon the coming of the dispensation cleared from rome , according to that which had been agreed , which was to be within ten dayes after the coming of the dispensation . and he further saith , that it is true that the prince afterwards by his letters sent by one mr clark , commanded him the said earl not to deliver the said proxies till he should have received security that the infanta after her being betrothed should not enter into any religious order , and that before he proceeded he should send to his majesty , then prince , such securities as should be offered , that he might judge whether it were sufficient or not . whereupon the said earl , as became a faithfull servant , presented unto his majesty that now is , then prince , such assurances as were offered unto him for securing of that point , together with such reasons as he conceived were fit to be offered to their considerations ; which gave unto his late majesty , and his majesty that now is , then prince , such satisfaction , as they were pleased to dispatch a post presently unto him , absolutely discharging him of that commandment , as by their several letters dated october . . will appear as followeth . we have received your letters by grisley , and the copy of them to our dear son ; and we cannot forbear to let you know how well we esteem the dutifull , discreet and judicial relation and humble advice to our son : whereupon , having ripely deliberated with our-self , and communicated with our dear son , we have resolved , with the good liking of our son , to rest upon that security in point of doubt for the infanta's taking a religious order , which you in your judgement shall think meet . and by that other letter of his majesty that now is , then prince , as followeth ; viz. your letters to the king and me concerning that doubt i made after i came from st laurence , hath so satisfied us both , that we think it fit no longer to stick upon it , but leave it to your discretion to take what security you shall think fitting . whereby he was absolutely freed of that command ; and being so freed thereof , he then remained under the order which his majesty , then prince , had left with him at his departure , which was to proceed according to the capitulations , and his highness declaration when he delivered the said proxies unto him : and so he intended to have done , till by his highness's letters november . . he was directly commanded the contrary ; which commandment he most readily and punctually obeyed . and for such his intentions , till he was countermanded , he conceiveth he had not onely sufficient warrant , but had highly offended if he had done otherwise . for first , for his proceedings to consummate the match , he had warrant and instruction under his late majesties hand . secondly , it was the main scope of his ambassage . thirdly , he was injoyned by the king and prince his commission under the great seal . fourthly , he had positive order under his majesties hand by letters since . fifthly , it was agreed by capitulation , that it should be within so many dayes after the coming of the dispensation . sixthly , his late majesty , and his majesty that now is , then prince , signified by their letters unto him at the same time when they discharged him of his commandment touching the infanta's entring into religion , that they intended to proceed in the marriage , as by his majesties letters october . . will appear . seventhly , the proxies were to that end left in his hands , and after again renewed after his majesties return into england . eighthly , he had overthrown the marriage without order : for although sir walter aston and himself used all possible means for the gaining of time , and deferring the desponsories ; yet the king of spain caused it to be protested , that in case he the said earl should insist upon the deferring of the desponsories , he would free himself from the treaty by the said earls infringing of the capitulations : and in truth , although the king of spain should have condescended to have prolonged the desponsories until one of the dayes of christmas , as by the letter was required ; yet the prince's proxies had been before that time expired , and he durst not without a precise warrant put such a scorn upon so noble a lady , whom he then conceived was likely to have been the prince his wife , as to nominate a day of marriage when the proxies were out of date , and he was himself sworn to the treaty . and lastly , he could not in honor and honesty , but endeavor to perform that publick trust reposed in him when the proxies were deposited in his hands , with publick and legal declaration , with an instrument by a secretary of state to the king of spain , leading and directing the use of them , and the same being then instrumentum stipulatum , wherein as well the king of spain was interessed by the acceptation of the substitution , as the prince by granting of the proxies , he could not in honesty fail the publick trust without clear and undoubted warrant ; which as soon as he had , he obeyed . so as the case standing thus , the said earl is very confident that the supposed countermands , directions and restrictions , when they should be perused and considered of , will appear to have been very slender and insufficient warrant against the aforesaid orders and reasons before specified : and is also as confident , that what is assured out of his the said earls dispatches , will also appear to be misunderstood ; and that if he had proceeded to the execution of the desponsories before he received direct and express commandment to the contrary by the aforesaid letters november . . which he readily and punctually obeyed , he had not under favor broken his instructions , or deserved any blame for lack of assurance of the restitution of the palatinate and temporal articles . and first of the palatinate , his said majesty did not send to the said earl express directions not to dispatch the desponsories until a full conclusion were had of the other treaty of the palatinate , together with that of the marriage , as by the said article is alledged ; onely his late majesty , by the aforesaid letters of october . required the said earl so to endeavor , that his majesty might have the joy of both at christmas . whereas his instructions of may . . were express , that he should not make the business of the palatinate a condition of the marriage . and his late majesties letters of december . . were fully to the same effect . yet did the said earl , according to what was intimated by the said letters of october . so carefully provide therein , as that before the proxies were to be executed , he had an absolute answer in the business of the palatinate , the same should be really restored according to his late majesties desire ; and the conde olivarez , both in his majesties name , and in his own , desired the said earl and sir walter aston that they would assure his majesty of the real performance of the same , and intreated , if need were , they should engage their honor and life for it , as by their joynt dispatches of november . . will appear ; and so much the said sir walter aston and the said earl agreed should be delivered to them in writing , before they would have delivered their proxies , and so the said earl declared it ; the which answer in writing should have been the same which since was given them of ianuary . . and both sir walter aston and the said earl were confident therein , as they by their said letters of november . wrote to his late majesty as followeth ; viz. that his majesty might , according to his desire signified to the said earl by his letters of october . give as well to his majesties daughter that christmas the comfortable news of the expiring of her great troubles and sufferings , as to his son the prince the congratulation of being married to a most worthy and excellent princess . by which it will evidently appear , he meant not to leave the business of the palatinate loose , when he intended to proceed to the marriage ; but he confessed that he was ever of opinion , that the best pawn and assurance his late majesty could have of the real proceedings of the palatinate , was , that they proceeded really to the effecting of the match ; and of the same opinion was his late majesty also , and the lords commissioners here in england , as appeareth by his instructions dated march . . which opinion still continued in them , as appeareth by his late majesties letters of ianuary . . and as for the temporal articles , the said earl saith , when the desponsories were formerly appointed to have been , as he remembreth on friday august . before the departure of his majesty , then prince , out of spain , which was onely hindred by the not coming of the dispensation , the prince appointed him and sir walter aston to meet with the spanish commissioners , and they drew up the heads of the temporal articles , wherewith the prince and the duke of buckingham were acquainted ; and in case the dispensation had come , and the desponsories been performed on that day , there had been no other provision made for them before the marriage ; but presently upon the prince his departure , he the said earl caused them to be drawn into form , and sent them to his late majesty september . . desiring to understand his majesties pleasure with all speed , especially if he disapproved any thing in them ; but never received notice of any dislike thereof , until the aforesaid letters of november . . which put off the desponsories . so as it appeareth the said earl was so far from breaking his instructions , or from having any intention to have proceeded to the execution of the desponsories before his majesty and the prince were satisfied of this point of the infanta entring into religion , or before convenient assurance as well for the restitution of the palatinate , as performance of the temporal articles , that he deserveth , as he conceiveth under favor , no blame , so much as in intention ; but if he had erred in intention onely ( as he did not ) the same being never reduced into act , the fault ( as he conceiveth ) was removed by his obedience before the intention was put into execution : for so it is in cases towards god. and as to the matter of aggravation against him , that he appointed so short a time for the desponsories , as that without extraordinary diligence the prince had been bound , he thereto saith , as he said before , that he set no day at all thereunto , nor could defer it after the dispensation came from rome , without a direct breach of the match so long labored in , and so much desired ; yet he and sir walter aston having used all possible industry to discover how the motion of deferring the match would be taken ; and finding an absolute resolution in the king of spain to proceed punctually , and to require the proxies according to the capitulations , within ten dayes after the coming of the dispensation ; and that time also getting advertisement from rome , that the dispensation was granted , and would presently be there ; he , the said earl , to the end in so great a cause he might have a clear and undoubted understanding of his late majesties pleasure , sent a dispatch of november . with all diligence unto his majesty , letting his majesty know that it could not be possible for him to protract the marriage above four dayes , unless he should hazard the breaking , for which he had no warrant . but that this was no new resolution , nor the king so straitned in time , as by the said article is pretended , will appear by the said earls dispatch of september . . in which upon scruple that was then made of the infanta's entring into religion , he wrote to the same effect ; viz. that if the dispensation should come , he knew no means how to detain the proxies above twenty or twenty four dayes . so that although difficulty happened until the middest of november . yet it was foreseen that it must of necessity happen whensoever the dispensation should come ; and then was warning of two moneths given thereof ; viz. from september . until november . which was the time appointed for the desponsories . so as he most humbly submits himself unto your lordships which of the two wayes was the safer or dutifuller for him to take ; whether upon inferences and conjectures to have overthrown so great a business ; or on the otherside , first to have presented unto his majesty the truth and sincerity as he did , the true estate of his affairs , with his humble opinion therein , with an intimation , that if his majesty should resolve to break the match , that for the said earl his honest discharge of the publick trust reposed in him when the proxies were deposited in his hands , and for his sufficient warrant in so great a cause , his majesty would be graciously pleased to give him clear and express order ( which he had not ) and in the interim , whilest his majesty might take into consideration the great inconveniences that might ensue , the said inconveniences might be suspended , and the business kept upon fair terms , that his majesty might have his way and choice clear and unsoiled before him . and as to the evil consequences which are pretended would have followed if the said earl had proceeded to the consummation of the match , before he had express order and warrant to the contrary ; he supposeth his majesty should speedily have seen the marriage which he so long sought to have effected ; that the prince should have had a worthy lady whom he loved ; that the portion was much greater then ever was given in money in christendom ; that the king of spain had engaged himself for restitution of the palatinate ; for which the said earl conceived a daughter of spain , and two millions had been no ill pawn , besides many other additions of advantage to the crown of england : whereas on the contrary side , he foresaw that the prince would be kept a year longer unmarried , a thing that so highly concerneth these kingdoms ; he doubteth that the recovery of the palatinate from the emperor and duke of bavaria by force would prove a great difficulty , and that christendom was like to fall into a general combustion : so that desiring that his majesty should have obtained his ends , and have had the honor and happiness , not onely to have given peace , plenty , and increase unto his own subjects and crowns , but to have compounded the greatest differences that had been these many years in christendom : and by his piety and wisdom , to have prevented the shedding of so much christian blood , as he feared would ensue , if these businesses were disordered . these reasons , he confesseth , and the zeal unto his majesties service made him so earnestly desire the effecting of this business , and cannot but think himself an unfortunate man ( his majesties affairs being so near setling to his majesties content , as he conceived they were , and hoping to have been unto his majesty not onely a faithful servant , but a successful servant ) to see the whole estate of his affairs turned up-side down without any the least fault of his ; and yet he the onely minister on the english and spanish side that remained under disgrace . xi . to the eleventh article the said earl saith , that the article is grounded upon a petition by him preferred to this honorable house , supposed to be scandalous ; which your lordships ( as he conceiveth ) according to the customs and priviledges of the house of peers , would have been pleased first to have adjudged so to have been , either for matter appearing in it self , or upon hearing the said earl ; for if the matter appearing in the petition it self , be not to be excepted unto , it cannot as he conceiveth by collateral accidents be taken for a scandal , till it be examined and found false . for a plain and direct answer thereunto , he saith , that the said petition is such as will not warrant any such inference , as by the said article is inforced . and that he hopeth to justifie the contents of the said petition in such sort as shall not displease his majesty , nor deserve that expression which is used in the charge ; but contrarily what he hath said , or shall say therein in his defence , shall in all things tend to the honor and service of his majesty , by reducing into his memory divers circumstances , and laying before him the passages of divers particulars , which by undue practices have been either concealed from his majesty or mis-related to him . having thus offered to this high and honorable court , such proofs and reasons , as he hopeth shall in your lordships w●sdom and justice clearly acquit him of any capital crime or wilful offence ▪ if it shall appear that out of errors of judgment , too much ferventness of zeal to his majesties service , or the ignorance of the laws of this realm , ( wherewith he hath not been able to be so well acquainted as he ought , by reason of foreign employments by the space of many years ) or by any other ways or means he hath faln into the danger of the laws for any thing pardoned in the general pardon made in the parliament holden at westminster , anno vicesimo primo regni , imp. iacobi angliae , &c. of blessed memory , he humbly prayeth allowance of the pardons , and the benefit thereof ( with this clause , that he doth and will aver that he is none of the persons excepted out of the same ) although he is very confident he shall not need the help of any pardon , having received many significations as well from his majesties own mouth , that he had never offended his majesty , as lately by several letters from the lord conway , that he might rest in the security he was in , and sit still , and should be no further questioned . but he hopes your lordships will not onely finde him so far from blame , but that he hath served his late majesty of blessed memory , and his most gratious son , the kings majesty that now is , with that fidelity , care , and industry , that your lordships will take such course as you in your wisdoms shall think fit , not onely for the upholding the honor and reputation of a peer of this realm , after so many employments , but likewise become humble and earnest suitors to his majesty on his behalf ( which he humbly prayeth ) that he may be restored to his majesties most gratious favor , which above all worldly things he most desireth . the eighth of may , the commons brought up their charge against the duke , which was delivered at a conference of both houses , and spun out two days time . it was managed by eight members and sixteen more as assistants . the eight cheif managers were , sir dudley diggs , mr. herbert , mr. selden , mr. glanvile , mr. pym , mr. sher●and , mr. wandesford , and sir iohn elliot . sir dudley diggs by way of prologue , made this speech . my lords , there are so many things of great importance to be said in very little time to day , that i conceive it will not be unacceptable to your lordships , if ( setting by all rhetorical affectations ) i onely in plain country language , humbly pray your lordships favor to include many excuses necessary to my manifold infirmities in this one word , i am commanded by the knights , citizens , and burgesses of the commons house , to present to your lordships their most affectionate thanks for your ready condescending to this conference ; which , out of confidence in your great wisdoms , and approved justice , for the service of his majesty , and the welfare of this realm , they desired upon this occasion . the house of commons by a fatal and universal concurrence of complaints , from all the sea-bordering parts of this kingdom , did finde a great and grievous interruption and stop of trade and traffick : the base pirates of sally ignominiously infesting our coasts , taking our ships and goods , and leading away the subjects of this kingdom into barbarous captivity ▪ while to our shame and hindrance of commerce , our enemies did ( as it were ) besiege our ports , and block up our best rivers mouths . our friends on slight pretences , made imbargoes of our merchants goods , and every nation ( upon the least occasion ) was ready to contemn and slights us : so great was the apparent diminution of the antient honor of this crown , and once strong reputation of our nation . wherewith the commons were more troubled , calling to remembrance how formerly in france , in spain , in holland , and every where by sea and land , the valors of this kingdom had been better valued , and even in latter times , within remembrance , when we had no alliance with france , none in denmark , none in germany , no friend in italy ; scotland ( to say no more ) ununited , ireland not setled in peace , and much less security at home ; when spain was as ambitious as it is now under a king ( philip the second ) they called their wisest ; the house of austria as great and potent , and both strengthned with a malitious league in france , of persons ill-affected , when the low-countreys had no being ; yet by constant councils , and old english ways , even then that spanish pride was cooled , that greatness of the house of austria , so formidable to us now , was well resisted ; and to the united provinces of the low-countreys such a beginning , growth , and strength was given , as gave us honor over all the christian world. the commons therefore wondring at the evils which they suffered , debating of the causes of them , found they were many drawn like one line to one circumference of decay of trade , and strength of honor and reputation in this kingdom ; which as in one centre , met in one great man , the cause of all , whom i am here to name , the duke of buckingham . here sir dudley diggs made a little stop , and afterwards read the preamble to the charge , viz. the commons declaration and impeachment against the duke of buckingham . for the speedy redress of great evils and mischeifs , and of the cheif cause of these evils and mischeifs which this kingdom of england now grievously suffereth , and of late years hath suffered ; and to the honor and safety of our soveraign lord the king , and of his crown and dignity ; and to the good and welfare of his people , the commons in this present parliament by the authority of our said soveraign lord the king assembled , do by this their bill shew and declare against george duke , marquess and earl of buckingham , earl of coventry , viscount villers , baron of whaddon , great admiral of the kingdoms of england and ireland , and of the principality of wales , and of the dominions and islands of the same , of the town of calais , and of the marches of the same , and of normandy , gascoigne , and guienne , general-governor of the seas and ships of the said kingdom , lieutenant-general admiral , captain-general and governor of his majesties royal fleet and army lately set forth , master of the horse of our soveraign lord the king , lord warden , chancellor and admiral of the cinque ports , and of the members thereof , constable of dover castle , iustice in eyre of all the forests and chases on this side the river trent , constable of the castle of windsor , gentleman of his majesties bed-chamber , one of his majesties most honorable privy council in his realms , both in england , scotland , and ireland , and knight of the most honorable order of the garter ; the misdemeanors , misprisions , offences , crimes , and other matters , comprised in the articles following ; and him the said duke do accuse and impeach of the said misdemeanors , misprisions , offences , and crimes . my lords , this lofty title of this mighty man , methinks doth raise my spirits to speak with a paulò majora canamus ; and let it not displease your lordships , if for foundation , i compare the beautiful structure and fair composition of this monarchy wherein we live , to the great work of god , the world it self : in which , the solid body of incorporated earth and sea , as i conceive , in regard of our husbandry , manufactures , and commerce by land and sea , may well resemble us the commons . and as it is incompassed with air , and fire , and sphears celestial , of planets and a firmament of fixed stars ; all which receive their heat , light , and life , from one great , glorious sun , even like the king our soveraign . so that firmament of fixed stars i take to be your lordships ; those planets the great officers of the kingdom ; that pure element of fire , the most religious , zealous , and pious clergy ; and the reverend judges , magistrates , and ministers of law and justice , the air wherein we breathe : all which encompass round with cherishing comfort , this body of the commons , who truly labor for them all ; and though they be the foot stool , and the lowest , yet may well be said to be the setled centre of the state. now ( my good lords ) if that glorious sun , by his powerful beams of grace and favor , shall draw from the bowels of this earth , an exhalation that shall take fire , and burn and shine out like a star , it needs not be marvelled at , if the poor commons gaze and wonder at the comet ; and when they feel the effects , impute all to the incorruptible matter of it : but if such an imperfect mixture appear , like that in the last age in the chair of cassiopeia , among the sixed stars themselves , where aristotle and the old philosophers conceived there was no place for such corruption , then as the learned mathematicians were troubled to observe the irregular motions , the prodigious magnitude , and the ominous prognosticks of that meteor ; so the commons when they see such a blazing star in course so exorbitant in the affairs of this commonwealth , cannot but look upon it , and for want of perspectives , commend the nearer examination to your lordships , who may behold it at a nearer distance . such a prodigious comet the commons take this duke of buckingham to be ; against whom , and his irregular ways , there are by learned gentlemen legal articles of charge to be delivered to your lordships , which i am generally first commanded to lay open . . the offices of this kingdom , that are the eyes , the ears , and the hands of this commonwealth , these have been ingrossed , bought and sold , and many of the greatest of them holden even in the dukes own hands ; which severally gave in former ages , sufficient content to greatest favorites , and were work enough for wisest counsellors ; by means whereof , what strange abuses , what infinite neglects have followed ? the seas have been unguarded , trade disturbed , merchants oppressed , their ships , and even one of the royal navy , by cunning practice , delivered over into foreign hands ; and contrary to our good kings intention , employed to the prejudice ( almost to the ruine ) of friends of our own religion . . next honors ( those most pretious jewels of the crown ) a treasure inestimable , wherewith your noble ancestors ( my lords ) were well rewarded for eminent and publick service in the common-wealth at home ; for brave exploits abroad , when covered all with dust and blood , they sweat in service for the honor of this crown . what back-ways , what by-ways , have been by this duke found out , is too well known to your lordships ? whereas antiently it was the honor of england ( as among the romans ) the way to the temple of honor , was through the temple of vertue . but i am commanded to press this no further , then to let your lordships know , one instance may ( perhaps ) be given of some one lord compelled to purchase honor . . as divers of the dukes poor kinred have been raised to great honors , which have been and are likely to be more chargeable and burthensome to the crown ; so the lands and revenews , and the treasuries of his majesty , have been intercepted and exhausted , by this duke and his friends , and strangely mis-employed with strange confusion of the accounts , and overthrow of the well established antient orders of his majesties exchequer . . the last of the charges which are prepared , will be an injury offered to the person of the late king of blessed memory , who is with god , of which ( as your lordships may have heard heretofore ) you shall anon have further information . now upon this occasion , i am commanded by the commons to take care of the honor of the king our soveraign that lives , ( long may he live to our comfort , and the good of the christian world ) and also of his blessed father who is dead ; on whom , to the grief of the commons , and their great distaste , the lord duke did ( they conceive ) unworthily cast some ill odor of his own foul ways ; whereas servants were antiently wont to bear , as in truth they ought , their masters faults , and not cast their own on them undeservedly . it is well known the king ( who is with god ) had the same power , and the same wisdom , before he knew this duke , yea , and the same affections too ; through which ( as a good and gratious master ) he advanced and raised some stars of your lordships firmament ; in whose hands this exorbitancy of will , this transcendency of power , such placing and displacing of officers , such irregular runing into all by-courses of the planets , such sole and single managing of the great affairs of state , was never heard of . and therefore , onely to the lord duke , and his procurement , by mis-informations , these faults complained of by the commons , are to be imputed . and for our most gratious soveraign that lives , whose name hath been used , and may perhaps now be for the dukes justification , the commons know well , that among his majesties most royal virtues , his piety unto his father , hath made him a pious nourisher of his affections ever to the lord duke , on whom , out of that consideration , his majesty hath wrought a kinde of wonder , making favor hereditary ; but the abuse thereof must be the lord dukes own : and if there have been any commands , such as were or may be pretended , his mis-informations have procured them ; whereas the laws of england teach us , that kings cannot command ill or unlawful things , when ever they speak , though by their letters patents , or their seals . if the things be evil , these letters patents are void , and whatsoever ill event succeeds , the executioners of such commands must ever answer for them . thus , my lords , in performance of my duty , my weakness hath been troublesome unto your lordships ; it is now high time , humbly to entreat your pardon , and give way to a learned gentleman to begin a more particular charge . then were read the first , second , and third articles , viz. . that whereas the great offices expressed in the said dukes stile and title , heretofore have been the singular preferments of several persons eminent in wisdom and trust , and fully able for the weighty service , and greatest employments of the state , whereby the said offices were both carefully and sufficiently executed by several persons of such wisdom , trust , and ability : and others also that were employed by the royal progenitors of our soveraign lord the king in places of less dignity , were much encouraged with the hopes of advancement . and whereas divers of the said places severally of themselves , and necessarily require the whole care , industry , and attendance of a most provident , and most able person ; he the said duke being yong and unexperienced , hath of late years with exorbitant ambition , and for his own profit and advantage , procured and ingrossed into his own hands , the said several offices , both to the danger of the state , the prejudice of that service , which should have been performed in them , and to the great discouragement of others ; who by this his procuring and ingrossing of the said offices , are precluded from such hopes , as their vertues , abilities , and publick employments , might otherwise have given them . ii. whereas by the laws and statutes of this kingdom of england , if any person whatsoever , give or pay any sum of money , fee , or reward , directly or indirectly , for any office or offices , which in any-wise touch or concern the administration or execution of justice , or the keeping of any of the kings majesties towns , castles , or fortresses , being used , occupied , or appointed for places of strength and defence ; the same person is immediately upon the same fee , money , or reward , given or paid , to be adjudged a disabled person in the law , to all intents and purposes , to have , occupy , or enjoy the said office or offices , for the which he so giveth or payeth any sum of money , fee , or reward . he the said duke did , in or about the moneth of ianuary in the sixteenth year of the late king iames of famous memory , give and pay to the right honorable charles , then earl of nottingham , for the office of great admiral of england and ireland , and the principality of wales , and for the office of general-governor of the seas and ships of the said kingdoms , and for the surrender of the said offices , then made to the said king by the said earl of nottingham , being then great admiral of the said kingdoms , and principality , and general-governor of the seas and ships , to the intent the said duke might obtain the said offices to his own use , the sum of three thousand pounds of lawful money of england ; and did also about the same time , procure from the said king a further reward for the surrender of the said office to the said earl , of an annuity of one thousand pounds by the year , for and during the life of the said earl ; and by the procurement of the said duke , the said late king of famous memory , did by his letters patents dated the seven and twentieth of ianuary , in the said year of his reign , under the great seal of england , grant to the said earl the said annuity ; which he the said earl accordingly had and enjoyed , during his life , and by reason of the said sum of money , so as aforesaid paid by the said duke . and of his the said dukes procurement of the said annuity , the said earl of nottingham did in the same moneth surrender unto the said late king , his said offices and his patents of them ; and thereupon , and by reason of the premisses , the said offices were obtained by the duke for his life , from the said king of famous memory , by letters patents made to the said duke , of the same offices , under the great seal of england , dated the eight and twentieth day of ianuary , in the said sixteenth year of the said late king. and the said offices of great admiral and governor as aforesaid , are offices that highly touch and concern the administration and execution of justice , within the provision of the said laws and statutes of this kingdom ; which notwithstanding , the said duke hath unlawfully ever since the first unlawful obtaining of the said grant of the said offices , retained them in his hands , and exercised them against the laws and statutes aforesaid . iii. the said duke did likewise in or about the beginning of the moneth of december , in the two and twentieth year of the said late king iames of famous memory , give and pay unto the right honorable edward late lord zouch , lord warden of the cinque ports , and of the members thereof , and constable of the castle of dover , for the said offices , and for the surrender of the said offices of lord warden of the cinque ports , and constable of the said castle of dover , to be made to the said late king of famous memory , the sum of one thousand pounds of lawful money of england ; and then also granted an annuity of five hundred pounds yearly to the said lord zouch , for the life of the said lord zouch ; to the intent that he the said duke might thereby obtain the said offices to his own use . and for , and by reason of the said sum of money so paid by the said duke , and of the said annuity so granted to the said edward lord zouch , he the said lord zouch the fourth day of december , in the year aforesaid , did surrender his said offices , and his letters patents of them to the said late king : and thereupon and by reason of the premisses ▪ he the said duke obtained the said offices for his life , from the said late king , by his letters patents under the great seal of england , dated the sixth day of december , in the said two and twentieth year . and the said office of lord warden of the cinque ports , and of the members thereof , is an office that doth highly touch and concern administration and execution of justice ; and the said office of constable of the castle of dover , is an office that highly concerneth the keeping and defence of the town and port , and of the said castle of dover , which is and hath ever been appointed for a most eminent place of strength and defence of this kingdom ; which notwithstanding , the said duke hath unlawfully ever since this first unlawful obtaining of the said office , retained them in his hands , and exercised them against the laws and statutes aforesaid . these three articles were discoursed upon by mr. herbert , and touching plurality of offices , he observed , that in that vast power of the duke ( a young unexperienced man ) there is an unfortunate complication of danger and mischeif to the state , as having too much ability , if he be false , to do harm , and ruine the kingdom ; and if he be faithful , and never so industrious , yet divided amongst so many great places ( whereof every one would employ the industry of an able and provident man ) there must needs be in him an insufficiency of performance , or rather an impossibility , especially considering his necessary attendance likewise upon his court places . to the second and third , namely , the buying the office of admiralty and cinque-ports ( both which he comprised in one ) he said , that to set a price upon the walls and gates of the kingdom , is a crime which requires rather a speedy remedy than an aggravation , and is against the express law of edw. . upon this foundation , that the buying of such places doth necessarily introduce corrupt and insufficient officers . and in the parliament of edw. . it is declared by the whole assembly , that they who buy those places ( these are the express words ) binde themselves to be extortioners and offenders ; as if they pretended it warrantable , or as if they did lay an obligation upon themselves to sell again . and though the buying of such places be not against any particular law enjoyning a penalty for them ( the breach whereof is a particular offence ) yet as far as they subvert the good , and welfare , and safety of the people ; so far they are against the highest law , and assume the nature of the highest offences . iv. whereas the said duke by reason of his said offices of great admiral of the kingdoms of england and ireland , and of the principality of wales , and of admiral of the cinque ports , and general governor of the seas and ships of the said kingdoms ; and by reason of the trust thereunto belonging , ought at all times since the said offices obtained , to have safely guarded , kept , and preserved the said seas , and the dominion of them ; and ought also whensoever there wanted either men , ships , munition , or other strength whatsoever that might conduce to the better safeguard of them ; to have used from time to time , his utmost endeavor for the supply of such wants to the right honorable , the lords and others of the privy council , and by procuring such supply from his soveraign , or otherwise : he the said duke hath ever since the dissolution of the two treaties mentioned in the act of subsidies of the one and twentieth year of the late king iames of famous memory ( that is to say ) the space of two years last past , neglected the just performance of his said office and duty , and broken the said trust therewith committed unto him : and hath not according to his said offices , during the time aforesaid , safely kept the said seas , insomuch that by reason of his neglect and default therein , not onely the trade and strength of this kingdom of england hath been during the said time much decayed , but the same seas also have been , during the same time , ignominiously infested by pirates and enemies , to the loss both of very many ships and goods , and of many of the subjects of our soveraign lord the king ; and the dominion of the said seas ( being the antient and undoubted patrimony of the kings of england ) is thereby also in most eminent danger to be utterly lost . v. whereas about michaelmas last past , a ship called the st peter of newhaven , ( whereof iohn mallerow was master ) laden with divers goods , merchandise , monies , jewels and commodities , to the value of forty thousand pounds or thereabouts , for the proper accompt of monsieur de villieurs , the then governor of newhaven , and other subjects of the french king , being in perfect amity and league with our soveraign lord the king , was taken at sea by some of the ships of his majesties late fleet , set forth under the command of the said duke , as well by direction from him the said duke as great admiral of england , as by the authority of the extraordinary commission which he then had for the command of the said fleet , and was by them , together with her said goods and lading brought into the port at plymouth , as a prize among many others , upon probabilities that the said ship or goods belonged to the subjects of the king of spain : and that divers parcels of the said goods and lading were there taken out of the said ship of st peter ; ( that is to say ) sixteen barrels of cocheneal , eight bags of gold , twenty three bags of silver , two boxes of pearl and emeralds , a chain of gold , jewels , monies and commodities to the value of twenty thousand pounds or thereabouts , and by the said duke were delivered into the private custody of one gabriel marsh , servant to the said duke ; and that the said ship with the residue of her goods and lading was from thence sent up into the river of thames , and there detained ; whereupon there was an arrest at newhaven in the kingdom of france on the seventh day of december last , of two english merchants ships trading thither , as was alleadged in certain petitions exhibited by some english merchants trading into france , to the lords and others of his majesties most honorable privy-council ; after which ( that is to say ) on the day of the said moneth , his majesty was pleased to order , with the advice of his privy-council , that the said ship and goods belonging to the sucjects of the french king should be redelivered to such as should re-claim them , and accordingly intimation was given unto his majesties advocate in the chief court of admiralty by the right honorable sir io. cook knight , one of his majesties principal secretaries of state , for the freeing and discharging of the said ship and goods in the said court of admiralty : and afterwards , that is to say , on the six and twentieth of ianuary last , it was decreed in the said court by the judge thereof , with the consent of the said advocate , that the said ship with whatsoever goods so seised or taken in her , ( except three hundred mexico hides , sixteen sacks of ginger , one box of gilded beads , five sacks of ginger more mentioned in the said decree ) should be clearly released from further detention , and delivered to the master ; and thereupon under seal a commission was in that behalf duty sent out of the said court to sir allen appesly , sir iohn worstenholme , and others , for the due execution thereof : the said duke , notwithstanding the said order , commission and decree , detained still to his own use the said gold , silver , pearls , emeralds , jewels , monies and commodities so taken out of the said ship as aforesaid : and for his own singular avail and covetousness , on the sixth day of february last , having no information of any new proof , without any legal proceeding , by colour of his said office , unjustly caused the said ship and goods to be again arrested and detained , in publick violation and contempt of the laws and justice of this land , to the great disturbance of trade , and prejudice of the merchants . these were enlarged by mr selden , who said , that by nature of his office the duke as admiral ought to have guarded the seas : by his patent he is made magnus admirallus angliae , hiberniae & walliae , normaniae , aquitaniae , villae calesij , & marchiarum ejusdem , & praefectus generalis classium marium dictorum regnorum . the seas of england and ireland are committed to the admiral , as a part of the demesne and possessions of the crown of england ; not as if he should thereby have jurisdiction onely , as in case of the admirals in france or spain . the state of genoa , catalonia , and other maritine parts of spain , the sea-towns of almain , zeland , holland , friezland , denmark , norway , and divers other parts of the empire , shew , that the kings of england , by reason that their said realm hath used , time out of minde , to be in peaceable possession , are lords of the seas of england , and of the islands belonging to them . and though grotius that hollander wrote of purpose to destroy all dominion in the east-ocean ; yet he speaks nothing against the dominion of our english seas , howsoever he hath been misapprehended ; but expressly elsewhere saith , meta britanicis littora sunt oris ; the utmost limits of the demesne of the crown of england , are the shores of the neighbouring countries ; the whole sea , or the territorium maximum that intervenes , being parcel of the possession of the crown : the keeping and safe-guard of these committed to the lord admiral by the name of the praefectus marium & admirallus , being but the same anciently : before the use of the word admiral came in , which was under edw. . the admirals had the titles of custodes maris . and this praefectura or custodia , or office of safe-guarding the seas , binds him to all care and perpetual observance of whatsoever conduceth to that safe-guard , as in custos sigilli , custos marchiarum , custos portium , & custos comitatuum , agreeable to the practice of former times . . in certifying yearly to the king , and his council , the many forces both of the kings ships , and ships of merchants , the names of the owners , the number of marriners , &c. that the king and his council may always know his force by sea. . in shewing wants of ships &c. for the safe-guarding of the seas , with the estimates of the supply , that so they might be procured . in personal attendance upon the service of guarding the seas upon all occasions of weight : in h. . nich. blackborn , and rich. cliderowe one of the knights of kent were made admirals for keeping the seas , upon consideration had of it in parliament , and the other knight being robert clifford , it was agreed in parliament that he should have the voices of both , because the other must of necessity be absent : and they both amongst other things petitioned the council , that if the king in his person should come on the sea , they might have such a liberty to wait upon him , as they might make their lieutenant during the time for the service of their places . but the council that allowed the rest , or most of their demands , answered to that , le councel ne pent faire . then he estimated the nature of the offence , by the consequences which follow the not guarding of the seas , viz. . the losses already shewed . . the prevention of trade , which gives life to the wealth of the kingdom . . the weakning of the naval strength , the merchants being thereby discouraged from building ships which they cannot use . in rich. . . the commons opened the two chief and almost whole causes of the weakning the kingdom at that time ; the neglect of chivalry and eminent vertue not regarded nor rewarded ; the decay of trade since the navy was grown weak , besides all the loss of quiet possession of so large a territory as the seas of england and ireland , by the free use of which the ancient glory and greatness of the crown of england hath so constantly subsisted . then he instanced in michael de la pool , lord chancellor , who in rich. . mis-spent subsidies given pro salva custodia maris , as appears in the roll , and was adjuged in parliament ( though for other offences , because some other lords of the council had been trusted with him , and it was not fit to impeach him sans les companions ) they taking it for a crime without question fit to be complained of . secondly , in william duke of suffolk , who for the same fault , being admiral onely in the right of henry earl of exeter his ward , was by the king extraordinarily commanded into banishment . then he brought examples of such who had been put to death , and confiscated for not safe-guarding towns , and castles , and forts , which are of like nature with not safe-guarding the seas , and with losing the possession of the crown . to the fifth he said , the staying of the ship called the peter of newhaven , and detaining part of the goods , was against the marine laws of england , against the common laws , against the laws of merchants , and consequently the law of nations . by the marine laws agreeable to the civil laws , sentence given by any subject or other against the king , may upon new proof be revoked , but not without new proof . he made by his patent a judge of all maritine causes , as well as keeper of the seas , his jurisdiction was to be exercised juxta leges nostras civiles & maritimas , and accordingly to hear all causes , and generally to proceed ex officio mero mixto & promoto secundum leges nostras civiles & maritimas . against the common-laws , all justices and all other deputed to do law or right , are commanded by act of parliament to permit the course of ordinary justice ; and although they be commanded to do the contrary , that they do execution aright , and according to justice as far as in them lies , and so for any letters of commandment which may come unto them from us , or from any other , or by any other cause . against the law of nations . against what is agreed by the leagues between us and forain nations , that the subjects of nations in amity with us shall be well used , and permitted without molestation , for what cause or occasion soever , according to the laws and customs of the places where they shall be . lastly , against the laws of merchants which is to have celerem justitiam . the consequences of this offence are ; . great damage to our english merchants , that have suffered by reason of it in forain parts , as they alleadge . . it is a discouragement to those that are subjects to the marine jurisdiction . . an example that may serve hereafter to justifie all absolute authority in the admiral , without law or legal course , over the ships and good of all merchants whatsoever , and so no security to merchants . lastly , he instanceth in the duke of suffolk , who was adjudged in parliament for treason , and among other offences it was laid to his charge , that he took to his own use goods piratically taken , and expresly against the order determined by the lord protector and the whole council , whereunto his hand had been for the restitution of them . next were read the sixth , seventh and eighth articles ; viz. vi. whereas the honor , wealth , and strength of this realm of england is much increased by the traffick , chiefly of such merchants as imploy and build great warlike ships , a consideration that should move all counsellors of state , especially the lord admiral to cherish and maintain such merchants . the said duke abusing the lords of the parliament in the one and twentieth year of the late king iames of famous memory , with pretence of serving the state , did oppress the east - india merchants and extorted from them ten thousand pounds , in the subtil and unlawfull manner following . about february in the year aforesaid , he the said duke hearing some good success that those merchants had at ormus , in the parts beyond the seas , by his agents cunningly in or about the moneth aforesaid in the year of the said late king , endeavored to draw from them some great sum of money , which their poverty , and no gain by that success at ormus made those merchants absolutely to deny ; whereupon he the said duke perceiving that the said merchants were then setting forth in the course of their trade , four ships , and two pinaces laden with goods and merchandise of very great value , like to lose their voyage if they they should not speedily depart . the said duke on the first of march then following , in the said year of the said late king , did move the lords then assembled in the said parliament , whether he should make stay of any ships which were then in the ports , ( as being high admiral he might ) and namely , those ships prepared for the east - india voyage , which were of great burthen and well furnished ; which motion being approved by their lordships , the duke did stay those ships accordingly ; but the fifth of march following , when the then deputy of that company , with other of those merchants , did make suit to the said duke for the release of those ships and pinaces ; he the said duke , said he had not been the occasion of their staying , but that having heard the motion with much earnestness in the lords house of parliament , he could do no less then give the order they had done ; and therefore he willed them to set down the reasons of their suit , which he would acquaint the house withall , yet in the mean time he gave them leave to let their said ships and pinaces fall down as low as tilbury . and the tenth of march following an unusual joynt action was by his procurement entred in the chief court of admiralty , in the name of the said late king and of the lord admiral , against them for fifteen thousand pound taken piratically by some captains of the said merchants ships , and pretended to be in the hands of the east - india company ; and thereupon the kings advocate in the name of advocate for the then king and the said lord admiral , moved and obtained one attachment , which by the serjeant of the said court of admiralty was served on the said merchants in their court the sixteenth day of march following ; whereupon the said merchants , though there was no cause for their molestation by the lord admiral , yet the next day they were urged in the said court of admiralty to bring in the fifteen thousand pounds , or go to prison : wherefore immediately the company of the said merchants did again send the deputy aforesaid and some others to make new suit unto the said duke for the release of the said ships and pinaces ; who unjustly endeavoring to extort money from the said merchants , protested that the ships should not go except they compounded with him ; and when they urged many more reasons for the release of the said ships and pinaces , the answer of the said duke was , that the then parliament must first be moved . the said merchants therefore being in this perplexity , and in their consultation , the three and twentieth of that moneth , even ready to give over that trade , yet considering that they should lose more then was demanded by unlading their ships , besides their voyage , they resolved to give the said duke ten thousand pounds for his unjust demands . and he the said duke by the undue means aforesaid , and under colour of his office , and upon false pretence of rights , unjustly did exact and extort from the said merchants the said ten thousand pounds , and received the same about the . of april following the discharge of those ships , which were not released by him till they the said merchants had yielded to give him the said duke the said ten thousand pounds for the said release , and for the false pretence of rights made by the said duke as aforesaid . vii . whereas the ships of our soveraign lord the king , and of his kingdoms aforesaid , are the principal strength and defence of the said kingdoms , and ought therefore to be always preserved and safely kept under the command , and for the service of our soveraign lord the king , no less then any the fortresses and castles of the said kingdoms ; and whereas no subject of this realm ought to be dispossessed of any his goods or chattels without order of justice , or his own consent first duly had and obtained : the said duke being great admiral of england , governor-general and keeper of the said ships and seas , and thereof ought to have and take a special and continual care and diligence how to preserve the same ; the said duke in or about the end of iuly last , in the first year of our soveraign lord the king , did under the colour of the said office of great admiral of england , and by indirect and subtile means and practices , procure one of the principal ships of his majesties navy-royal called the vantguard , then under the command of captain iohn pennington , and six other merchants ships of great burden and value , belonging to several persons inhabiting in london , the natural subjects of his majesty , to be conveyed over with all their ordnance , munition , tackle and apparel , into the parts of the kingdom of france , to the end that being there , they might the more easily be put into the hands of the french king , his ministers and subjects , and taken into their possession , command and power ; and accordingly the said duke by his ministers and agents , with menaces and other ill means and practices , did there without order of justice , and without the consent of the said masters and owners , unduly compel and inforce the said masters and owners of the said six merchants ships , to deliver their said ships into the said possession , command and power of the said french king , his ministers and subjects ; and by reason of his compulsion , and under the pretext of his power as aforesaid , and by his indirect practices as aforesaid , the said ships aforesaid , as well the said ship royal of his majesty , as the others belonging to the said merchants , were there delivered into the hands and command of the said french king , his ministers and subjects , without either sufficient security or assurance for redelivery , or other necessary caution in that behalf taken or provided either by the said duke himself , or otherwise by his direction ; contrary to the duty of the said offices of great admiral , governor-general , and keeper of the said ships and seas , and to the faith and trust in that behalf reposed , and contrary to the duty which he oweth to our soveraign lord the king in his place of privy-counsellor , to the apparent weakening of the naval strength of this kingdom , to the great loss and prejudice of the said merchants , and against the liberty of those subjects of our soveraign lord the king that are under the jurisdiction of the admiralty . viii . the said duke , contrary to the purpose of our soveraign lord the king , and his majesties known zeal for the maintenance and advancement of the true religion established in the church of england , knowing that the said ships were intended to be imployed by the said french king against those of the same religion at rochel and elswhere in the kingdom of france , did procure the said ship royal , and compel as aforesaid the said six other ships to be delivered unto the said french king , his ministers and subjects as aforesaid , to the end the said ships might be used and imployed by the said french king in his intended war against those of the said religion in the said town of rochel and elswhere within the kingdom of france : and the said ships were and have been since so used and imployed by the said french king , his ministers and subjects , against them . and this the said duke did as aforesaid in great and most apparent prejudice of the said religion , contrary to the purpose and intention of our soveraign lord the king , and against his duty in that behalf , being a sworne counsellor to his majesty , and to the great scandal and dishonor of this nation . and notwithstanding the delivery of the said ships by his procurement and compulsion as aforesaid , to be imployed as aforesaid , the said duke in cunning and cautelous manner to mask his ill intentions , did at the parliament held at oxford in august last , before the committee of both houses of parliament , intimate and declare , that the said ships were not , nor should they be so used and imployed against those of the said religion as aforesaid , in contempt of our soveraign lord the king , and in abuse of the said houses of parliament , and in violation of that truth which every man should profess . these three articles were aggravated by mr. glanvile . my lords ( said he ) in this great business of impeachment against the duke of buckingham , i am commanded by the commons in parliament to bear a part of some importance . the articles allotted to my charge are three , the sixth , seventh , and eighth ; which i shall open with as much brevity and perspicuity as i may : the substance of several cases concerning the same ; the evidence to make them good , together with such observations as naturally arise out of the matter ; whereby your lordships may the better discern wherein the dukes faults do consist , and what punishment may be answerable to such offences . the sixth article is a distinct charge different from the other two ; wherefore i will handle it , with the incidents thereof , by it self . the seventh and eighth articles being of one nature and subject , are indeed several parts of one charge , rather then several charges , and have such a connexion in themselves , that with your lordships leaves i will handle them both together without dividing them , which i hold will be the shortest and fittest way to do right to the cause , and to your lordships . the sixth article giveth me occasion ( my lords ) thus to enlarge my self . in a treaty the . of august . between our late soveraign king iames of glorious memory , and philip the third king of spain , it was agreed , that there should be perfect amity and peace to endure for ever by land , sea , and fresh-waters , between these kings , their heirs and successors , their dominions , liege-men and subjects then being , or which should be ; and that either party should then after abstain from all depradations , offences and spoils , by sea , land , and fresh-waters , in what dominions or government soever of the other , and should cause restitution to be made of all depradations which then after should be comitted , and the damages growing by means thereof ; and that the said kings shall take care that their subjects should from thenceforth abstain from all force and wrong-doing , and that they likewise should revoke all commissions and letters-patents of reprisal or mart , or otherwise , containing licence to take prizes ; all which are declared by the said treaty it self to be void , and that whosoever should do any thing contrary should be punished not only criminally according to the merit of his offence , but should also be compelled to make restitution and satisfaction for the losses to the parties damnified requiring the same . lastly it was concluded , that between them and every of their subjects might be free commerce in all the dominions by sea , land , and fresh-waters , in which before the wars there hath been commerce , and according to the use and observance of the antient leagues and treaties before the wars , the customs as they were at that present rated according to the ordinance of the places being paid . this treaty being setled and continuing , his late majesty king iames by his highness letters-patents bearing date the . of september , an. . of his reign , did grant unto the governors of the merchants of london trading into the east-indies , and to their successors , in case they be justly provoked or driven thereunto , in defence of their persons , goods or ships , by any disturbance or hinderance in their quiet course of trade , or for recompence or recovery of the persons , ships or goods of any of his majesties subjects that had been formerly in , or neer the east-indies , or for any other just cause of their defence , or recompence of losses sustained ; that then the captains or principal commanders of the said company , or any other under their government , should or might attempt , surprise , or take the persons , ships and goods of any prince or state , by whose subjects they should sustain any wrong or loss in manner as aforesaid , as by the said letters-patents appeareth : some years after the granting of these letters-patents , under pretext that the said treaty was broken , there was some interruption and violence offered by the king of spain's subjects in the ports of east-india to the merchants of the east-india company trading into those parts , whereby they were much damnified ; and thereupon suspecting that it might be in vain to complain for redress in an ordinary course of justice in the east-india , or in default thereof to return into spain to make complaint to that purpose , where nothing was likely to be done till they had sent from thence again into the east-indies , and received an answer ; and after all this , upon denial of justice in spain , to come into this kingdom for letters of request , without which in ordinary course they should not use reprisal , and many years would be spent before they could come to have an end of these suits ; it is true that thereupon , partly in their defence , and partly for amends , and partly for revenge , they did by pretext of the said letters-patents take some goods of the portugals in the east-indies , subjects to the king of spain ; and afterwards being commanded by the king of persia to transport certain forces of his in ormus an island situate in the country of persia , some goods of portugals subjects to the king of spain were there taken by captain blith and captain wedel , and others of their company , being servants and in pay under the east-india company . in iuly . two ships called the lyon and the ionas , being part of a fleet belonging to the said company , returned from ormus aforesaid out of an east-indian voyage , and arrived in the downs richly laden with goods and merchandise lawfully belonging to the said company , and estimated to the value of one hundred thousand pounds . the duke of buckingham , in or about october . being advertised thereof , well knowing the company to be rich , and apprehending in himself a probable ground how he might exact and extort some great sum of money from the said company out of the profit of these ships and their lading , by colour of his office of lord admiral of england , and out of his power and greatness , his office being used for a groundwork of his design therein , did thereupon pretend that the lading of the said ships was for the most part with goods pyratically taken at sea in the parts about ormus aforesaid , and that a tenth part or some other great share thereof did belong to him in the right of his said office of lord great admiral of england , and by vertue of his letters-patents and grant from his late majesty in that behalf ; alleadging withall , howsoever the said company might peradventure answer the matter , yet there would and might be strong opposition against them . these words were used to possess them with fear , and to make them stand in awe of his power , when he should come afterwards particularly to press them to yield to his unjust demands . having once resolved of his ends , which was to get money , he thus proceeded to effect the same . in the moneths of november , december , january and february then next following , he had divers times treaties by himself and his agents with the the then governor and others of the said company , for the effecting of his said designs ; wherein he still unlawfully pretended that a tenth part , or some other great share out of the lading of the said ships belonged unto him ; albeit the said company upon right information of their cause to their council , both civilians and common-lawyers , were advised that there did no tenths or other such shares belong to the said duke , as he pretended . and whereas the said duke by this time finding that he could not prevail to get his ends by any fair course , continued yet resolute to make his gain upon the company by right or wrong , as he might ; and to that purpose made use of the following opportunities and advantages , in such cunning and abusive manner as i shall further open to your lordships . the said duke well knowing th●t the said company had then four ships , called the great james , the ionas , the star , and the eagle , and two pinaces called the spy and the scout , the said ships and pinaces , with their victuals , store and ordnances , were of the value of fifty four thousand pounds and more , laden with lead , cloth , and other merchandise in them to the value of twenty thousand pounds and more , and having in them also about thirty thousand pounds in royals of spanish money ; in all , one hundred thousand pounds and more . these ships and pinnaces were well near ready to set sail for a voyage into the east-indies by the first day of march , in the one and twentieth year of his said late majesties reign ; and he well-knowing how great a hinderance it would be to the said company , if the said ships and pinnaces should be stayed for any long time , the rather in regard if they did not set sail about that time of the year , or within twenty days after , they had utterly lost their voyage for that year ; the reason thereof dependeth upon a secret of winds , called the man-sounds , which are constantly six moneths easterly , and six moneths westerly every year at their set times in those parts of africa , about the cape of bona speranza ; ( for of those winds , all ships going from hence into the east-indies , are to make their use in the usual and due time , which yet cannot be done , if men take not their opportunity by coming to the cape in their proper and due season , and in so long and dangerous a voyage wherein the equinoctial line is twice to be passed , it is no good discretion to stay the utmost time in going from hence , in confidence of fair winds , but rather to take time enough before-hand , for fear of the contrary : nor can the lord admiral of england , who is custos marium domini regis , and hath jurisdiction of all foreign parts super altum mare be admitted to pretend himself ignorant of this secret , or of any other particulars belonging to the seas and voyages . ) the duke therefore apprehending and well weighing how great a hinderance , or rather what an absolute loss it would be to the company if these their ships and pinnaces of so great value , and bound forth in so instant , and difficult a voyage , should be stayed for any long time now they were ready to set sail , and the season of going upon point to expire : the said duke upon the said first day of march , . to effect his designs upon the said company , and to get that by circumvention and surprisal , which in a legal and due course of justice he had not hopes to obtain : not thinking it sufficient , that the sense of his displeasure lying over the company as an ominous cloud threatning a storm , if they did not appease him by some great sacrifice ; and to cast them yet further into a farther streight , not sparing to abuse your lordships in parliament , by making you unwilling instruments to give colour and advantage to his secret and unlawful practises . upon the said first day of march , he put your lordships sitting in parliament in minde , touching the great business likely to ensue upon dissolution of the then treaties with spain , and that a speedy resolution thereof was necessarily required , for that the enemy would pretermit no time ; and if we should lose the benefit of that spring , he said it would be irrevokable ; and thereupon he took occasion to move that house , whether he should make stay of any shipping that were then in the ports ( as being high admiral he might ) and namely , the said ships prepared for the east-indian voyage , which were of great burthen , well furnished , and fit to guard our own coasts : which motion was generally approved of the whole house , knowing nothing of the dukes secret designs and private intentions . and the same day a motion was made amongst the commons in parliament to the same effect by sir edward seymour knight , the vice-admiral to the duke of the county of devon ; which , in respect of the time when , and person by whom it was propounded , is very suspitious , that it issued all from one spirit , and that he was set on by the duke , or some of his agents ; the truth whereof , your lordships may be pleased to search out and examine as you shall see cause . by colour of this order of the lords house of parliament , the duke caused iohn pexal , marshal of the admiralty , to make stay to be made of the said ships and pinnaces ; howbeit , notwithstanding all the occasion pretended for the defence of the realm , there were not any other ships staid at this time . the company perceiving by the course of things , from whence their evils moved , upon the fifth of march , . became earnest suitors to the said duke for a releasement of their said ships and pinnaces , whereunto the said duke replied , that he had not been the cause of their stay ; but having heard the motion in the lords house , he could do no less then order as they had done : yet to incline his ends , and put them in some hope of favor by his means , he told them withal , that he had something in his pocket that might do them good , and willed them to set down what reasons they would for their suit , and he would acquaint the house therewith : nevertheless about this time he presumed of himself at theobalds to give leave for the ships and pinnaces to fall down as far as tilbury , there to attend such further directions as should be given unto them , with leave so to signifie by word of mouth to the serjeant of the admiralty , for that the duke had then no secretary with him . thus some while by threatning of strong oppositions and terrors , and other while by intimating hopes of favor , and good assistance , the duke sought to accomplish his purpose , yet prevailed not ; and so the tenth of march , . the kings advocate , mr. dr. reeves . as advocate for the king , and lord admiral , made allegation in the admiralty on the dukes behalf ; and by his procurements , that it appeared by examinations there taken , that l. and more pyrattically taken by the said captain blith , and wedel , and their complices upon the sea near ormus , and in other parts within the jurisdiction of the admiralty , was come into the possessions of the treasurers of the east-india company , and remained in their hands , and prayed it might be attached ; and the said treasurers be monished to appear the wednesday then next following , and there to bring in the l. to remain in deposit with the register of that court. the same tenth of march a warrant issued forth accordingly , directed to the marshal of the said court ; and upon the said next wednesday the seventeenth of march , the same warrant was returned by the said marshal , that the day before he had attached the said moneys in the hands of mr. stone , then present in the court , and had admonished him , and mr. abbot the deputy-governor of that company , and divers others then present , to bring in the same into court. upon the same wednesday also it was prayed by the kings advocate , that mr. stone and all that had an interest in this money , might be pronounced as in contumacy , and therefore be arrested and detained until l. were brought into the register . hereupon sentence of contumacy was pronounced , but the payment thereof was respited until friday following . upon which seventeenth of march this sentence being pronounced , mr. stone , mr. abdy , and others , officers of the said company then present , informed how the governor was lately dead , and buried but the day before , and that upon wednesday then next following , they had appointed a court for election of a new governor , and until then they could resolve of nothing , and therefore desired further respite . the advocate nothing relenting at this reasonable excuse , and desire of the company , did again earnestly press their imprisonment ; but the judge took time to consider of it . the company finding by these extraordinary and extream courses , the drift of the duke , whose greatness and power seemed unresistable , and his minde implacable without satisfaction to his own content , and withal observing what a streight they were cast into by reason of the stay of their ships ; which , if it were much longer , they must needs lose their voyage utterly for this year , and the very unloading of them would endamage them to the value of the sum extorted : and being told that the eye of the state was upon this business , and that it would light heavy upon them ; and hearing the duke protest their ships should not go , unless they compounded with him , and finding that he made difficulty of releasing their ships , by saying , the parliament must be moved before they could be discharged , albeit the wind were now fair for them . and making overture of some resonable grounds of composition , by offering to grant letters of mart to the said company for the future against the subjects of the king of spain , while yet the peace and treaty between his late majesty , and the king of spain , were not broken or dissolved . the said company being intangled by the dukes subtilty , and overcome at last by the terror of his power and greatness , was drawn to make offer of six thousand pounds to the said duke , which was rejected as a base offer : and now the time pressing them on very hard , some consultations were had amongst them , whether it were better for them to make use of a clause in their patent , allowing them three years to draw home their estates ; and so to let their company die , and be dissolved , or else to yeild to the dukes desire : yet in conclusion they were drawn in to offer him ten thousand pounds for their peace , if it could serve , which offer was made unto him accordingly , but at first he would not accept it ; howbeit , about the three and twentieth of march , . they agreed to give him the said ten thousand pounds , which he accepted ; and forthwith moving the lords of parliament , or acquainting them therewith , he retracted their ships , and gave them leave to depart on their voyage , which they accordingly did , setting sail the seven and twentieth day of the same moneth from the downs . and afterwards upon the fifth of april , . the duke signified unto the lords house of parliament , that his majesty at the humble petition of the east-india company , had commanded him to discharge the east-indian ships , which he had once stayed according to the order of this house , made the first day of march then last past , and moved , that the said order might be countermanded ; and thereupon it was ordered ; that the clerk of that house should cross the said order of the first of march , out of his book , which was done accordingly , and afterwards the said ten thousand pounds was paid unto the said duke ; which he received and accepted accordingly . and upon the eight and twentieth of april aforesaid , suffered a colourable sentence in the admiralty to be given against him for their discharge , in such sort , as by the same sentence appeareth . and for a colour he sealed and delivered unto the said company , a deed of acquittance or release of the said ten thousand pounds , and of all his pretended rights against them , as by the deed thereof also appeareth . and whereas it may be imagined by some misconceit , that out of this an aspersion may be laid upon his late majesty , in regard the duke was pleased to say in the conference between both houses , march last , that the said king had ten thousand pounds of the said company by occasion of this business . the house of commons have been very careful in their proceedings in this , as in all other things they have , and ever shall be , to do nothing which may reflect upon the honor of their kings : and in this particular , by that which hath been here at first declared of the manner and occasion of the said goods and moneys taken from the said portugals , and receiving the same as aforesaid , while the said peace was continuing , and the said treaties indissolved ; it appeareth , that it had not been safe for the said company to stand out a suit concerning that business , wherein they might have need of his majesties mercy and pardon , but it was both safe and good for them to give ten thousand pounds ; and it well stood with his late majesties honor , for that sum to grant them a pardon , which he did to their great contentment and satisfaction ; and yet we finde that this ten thousand pounds also was paid into the hands of mr. oliver , the dukes servant , but finde not any record , by which it doth appear unto us , that ever it came unto his late majesties use . and it is observable in this case , that the oppression fell upon the same company shortly after the great affliction which hapned unto some of them at amboyna in the east-indies , by means of the dutch , which might have moved a noble minde rather to pitty , then punish the company after such a distress so lately suffered . having now finished the narrative part belonging to this charge , i shall observe unto your lordships upon the whole matter , the nature of the dukes offences by this article complained of , and what punishment it may deserve . his fault consisteth in the unjust extorting and receiving the ten thousand pounds from the east-india company against their wills by colour of his office. yet as offenders in this kinde , have commonly some colour to disguise and mask their corruptions , so had he : his colour was the release of his pretended right to the tenth part , or some other share of the goods , supposed to be piratically taken at sea by the captain , and their servants of the company : and though his lordship may perhaps call his act therein , a lawful composition , i must crave pardon of your lordships to say thus , that if his supposed right had been good , this might peradventure have been a fair composition : the same pretence being unsound , and falling away , it was a meer naked bribe , and unjust extortion ; for if way should be given to take money by colour of releases of pretended rights , men great in power , and in evil , would never want means to extort upon the meaner sort at their pleasures with impunity . it remains therefore that i should prove unto your lordships onely two things : first , that a pretence of right by the duke , if he had none , will not excuse him in this case , and in the next place , to shew by reason and good warrant , that he had in law no right at all to release . for the former , i will relie upon the substance of two noteable presidents of judgments in parliament , the one antient in the rich. . at which time the commons preferred divers articles unto the lords in parliament against michael de la pool , earl of suffolk , lord chancellor of england , accusing him amongst other things by the first article of his charge , that while he was lord chancellor he had refused to give livery to the cheif master of st. anthonies , of the profit pertaining to that order , till he had security from them , with sureties by recognisance of three thousand pounds , for the payment of one hundred pounds per annum to the earl , and to iohn his son , for their lives . the earl by way of answer , set forth a pretended title in his son , to the cheif mastership of that order , and that he took that one hundred pound per annum , as a composition for his sons right . the commons replied , shewing amongst other things , that the taking of money for that which should have been done freely , was a selling of the law , and so prayed judgment . in conclusion , the pretended right of his son not being just , or approved , the offence remained single by it self a sale of law and justice , as the law termeth it , and not a composition for the release of his interest . so the earl for this , amongst the rest , was sentenced and greatly punished , as by the records appeareth . the other president of like nature , is more modern in the case of the earl of middlesex , late lord treasurer of england , who was charged by the commons in parliament , and transmitted to your lordships for taking of five hundred pounds of the farmers of the great customs , as a bribe for allowing of that security for payment of their rent to the late kings majesty , which without such reward of five hundred pounds , he had formerly refused to allow of . the earl pretended for himself , that he had not onely that five hundred pound , but five hundred pounds more , in all one thousand pounds , of those farmers for a release of his claim , to four of two and thirty parts of that farm : but upon the proof , it appearing to your lordships , that he had not any such part of that farm as he pretended , it was in the thirteenth day of may , in the two and twentieth year of his late majesties reign , adjudged by your lordships in parliament ( which i think is yet fresh in your memories ) that the earl for this , amongst other things , should undergo many grievous censures , as appeareth by the records of your lordships house , which i have lately seen and perused . and now being to prove , that the said duke had no title to any part of the goods by him claimed against the east-india company , i shall easily make it manifest , if his lordships pretence by his own allegation in the admiralty were true , that the goods whereof he claims his share , were piratically taken . from which allegation , as he may not now recede , so is it clear by reason and authority , that of such goods , no part or share whatsoever is due to the lord admiral in right of his office , or otherways . . for that the parties from whom the same were taken , ought to have restitution , demanding it in due and reasonable time ; and it were an injury to the intercourse , and law of nations , if the contrary should be any way tolerated . . secondly by law ; for so are the statutes of this kingdom , and more especially in edw. . . whereby it was provided , that if any merchant , privy or stranger , be robbed of his goods upon the sea , and the same come afterwards into this realm , the owner shall be received to prove such goods to be his , and upon proof thereof , shall have the same restored to him again . likewise , , , edw. . . in the act of parliament , touching sir thomas seymour , great admiral of england , who therein amongst divers other things is charged with this , that he had taken to his own use goods piratically taken against the law , whereby he moved almost all christian princes to conceive a grudge and displeasure , and by open war to seek remedy by their own hands : and therefore for this , amongst other things , he was attainted of high treason , as appeareth by that act wherein the law is so declared to be as before is expressed . but if it should be admitted , that the duke had a right in this case , for which he might compound ; yet the manner of his seeking to try and recover such his right , is in it self an high offence , and clearly unlawful in many respects , whereof i will touch but a few . as in making the most honorable house of parliament an instrument to effect his private ends for his profit : in proceeding to arest and stay the ships of men not apt to flie , but well able to answer and satisfie any just suits which he might have against them , though their ships had gone on in their voyage : in prosecuting things so unseasonably , and urging them so extreamly by his advocate , for bringing in of so great a sum of money upon the sudden , and formally under colour of justice and service of the state : in reducing that company into that straight and necessity , that it was as good for them to compound , though the duke had no title ; as to defend their own just right against him upon these disadvantages , which by his power and industry he had put upon them . then he read the seventh and eighth articles , which he handled joyntly , as being not two charges , but two sevearl parts of one and the same charge ; and when he had read them , he went on speaking further to their lordships , as followeth . your lordships may have observed how in handling the former articles , i have in my discourse used the method of time , which i hold to be best for the discovery of the truth : i shall therefore by your lordships patience , whereof now i have had some good experience , use the like order in my enlargment upon these later articles ; touching which , that which i have to say , is thus . in or about the two and twentieth year of the reign of our late dear soveraign lord king iames of famous memory , there being then a treaty between our said late soveraign and the french king , for a marriage to be had between our then most noble prince ( now our most gratious king ) and the french kings sister ( our now queen ) and for entring into an active war against the king of spain , and his allies in italy , and the valtoline . our said late soveraign passed some promise to the french kings ambassador here , the marquess d' effiat , for procuring or lending some ships to be employed by the french in that service , upon reasonable conditions ; but without thought or intent that they should be employed against the rochellers , or any others of our religion in france : for it was pretended by the french kings ministers to our king , that the said ships should be employed particularly against genoa , and not otherwise . but afterwards some matter of suspition breaking forth from those of our religion in france , that the design for italy was but a pretence to make the body of an army fall upon the rochellers , or other of our religion in that kingdom ; the king grew so cautious in his conditions , that as he would perform his promise to lend his ships , so to preserve those of our religion , he contracted or gave directions , that the greater part of the men in the same ships should be english , whereby the power of them should be ever in his hands . and the duke of buckingham then and yet lord great admiral of england , well knowing all this to be true , pretended he was and would be very careful , and proceed with art to keep the said ships in the hands of our king , and upon our own coasts ; and yet nevertheless under hand he unduly intended , practised , and endeavored the contrary : for afterwards by his direction or procurement in or about the two and twentieth year aforesaid , a ship of his majesties called the vantguard , being of his majesties royal navy , was allotted and appointed to be made ready for the service of the french king , and seven other merchants ships of great burthen and strength , belonging to several persons natural subjects of our said late soveraign lord , were by the dukes direction impressed as for the service of his said late majesty , and willed to make themselves ready accordingly . the names and tunage of the said seven merchants ships were as followeth . . the great neptune , whereof sir ferdinando gorge was captain . . the industry , of the burthen of four hundred and fifty tuns , whereof iames moyer was captain . . the pearl of five and forty tuns , anthony tench was captain . . the marigold of three hundred tuns , thomas davies captain . . the loyalty of three hundred tuns , iasper dare captain . . the peter and iohn of three hundred and fifty tuns , iohn davies captain . . the gift of god of three hundred tuns , henry lewen captain . also about the same time a contract was made by and between sir iohn cooke , and other the commissioners of his majesties navy , as on behalf of his majesty for his said ship the vantguard , and on behalf of the captains , masters , and owners of the said seven merchants ships , but without their privity or direction for the service of the french king , upon conditions to be safe and reasonable for our king , this realm , and state ; as also for the said captains , masters , and owners of the said seven merchants ships , and for the companies . for sir iohn cooke drew the instructions for the direction of the said contract , which instructions passed and were allowed by the king , and such of the council , as were made acquainted therewith , and used in this business . in which instructions , as sir iohn cooke hath since alleaged in the house of commons , there was care taken for provision to be made , that the said ship of his majesty called vantguard , should not serve against the city or inhabitants of rochel , or those of the religion in france , nor take into her more men of the french then she could from time to time be well able to command and master . but whether the instructions for the merchants ships , and the kings said ship were all one , is not yet cleared unto the commons , howbeit it appeareth not , but that the intent of our king and state , was to be a like careful for both . nevertheless a form of articles dated the five and twentieth day of march , in the three and twentieth year of his said late majesties raign , was prepared , ingrossed , and made ready to be sealed without the knowledge of the captains , masters , and owners of the said merchants ships , between the said marquess d' effiat the ambassador , on the one part , and the several owners of the said merchants ships respectively on the other part , viz. a several writing or instrument for every of the said ships respectively , whereby amongst other things , as by the same appeareth , it was covenanted and agreed , by and on the part and behalf of the owners , to and with the said marquess d' effiat , to this effect , namely . . that their said ships respectively , with a certain number of men for every of them limitted , with ordnance , munition , and other necessaries , should be ready for the french kings service , the thirteenth of april then next following . . that they should go on in that service under a french general , to be as captain in every of the said merchants ships respectively ; of the appointment of the french king , or his ambassador . . that they should serve the french king against any whomsoever , but the king of great britain . . that they should take in as many soldiers into their said several ships , as they could stow or carry , besides their victual and apparel . . that they should continue six moneths or longer in the service , so that the whole time did not exceed eighteen moneths . . that they should permit the french to have the absolute command of their ships , for fights and voyages . and it was amongst the said articles , besides other things , covenanted and agreed by the said marquess d' effiat ; as , for and on the behalf of the french king , to this effectly , namely . i. that there should be paid to every owner a moneths freight in hand , after the rate agreed on ; and freight for two moneths more after the same rate , within fifteen days after the date of the articles ; the computation of the moneths to begin from the of march. ii. and that the ships should be ready in a certain form prescribed at the end of the service . when all things were in a readiness for circumvention and surprisal of the owners , captains , and masters of the said ships , then and not before , they were suddenly pressed to seal the countreparts of the prepared articles ; and they were about the same time released and discharged from the imprest of his majesties service , and acquainted and designed to serve the french king , the said three moneths pay being offered , and afterwards paid unto them before-hand , as a bait to draw on and intangle them in the business . nevertheless , the captains and owners of the said merchants ships doubted upon some points ( to wit ) first , against whom they should be employed ? secondly , what foreign power they should be bound to take into their ships ? and thirdly , what sufficient security they should have for their freight , and redelivery of their ships . but there were private instructions given to captain iohn pennington , captain of the kings ship , the vauntguard ; as for him and the whole fleet , that he should observe the first instructions , to wit , not to serve against those of the religion , and to take into his ship no more frenchmen then they could master . the pretence for genoa , and these private instruments for pennington , were but a further artifice of the dukes to draw the ships into france , and to conceal the breaking forth of the matter here in england : and the more to endear them , and confirm them in an opinion of right intention , they were commanded to conceal these private instructions , as if the duke and his agents hast trusted them more then they did the ambassadors . by these and other like cunning and undue proceedings of the said duke , the said marquis d' effiat sealed one part , and the owners of the said merchants ships respectively sealed the other parts of the said pretended articles , trusting they should not be bound to the strict performance thereof , by reason of the said private instructions to the contr●● . after the passing of these articles , the said ships being formerly ready , the said duke may . . made a warrant under the great-seal , to call the companies aboard which had been raised and fitted for the said french service , according to former instructions , and with first opportunity to go to such port as the french ambassador should direct , &c. there to expect directions of the party that should be admiral of the said fleet so prepared , with a requiry of all officers to be assistant hereunto . all things being now in readiness , captain pennington being admiral of this whole fleet , in may . went with the kings said ship the vantguard , and the seven merchants ships aforesaid to diep in france : there instantly the duke of memorancy , admiral of france , would have put two hundred french souldiers aboard the ship called the industry , being no more men then she could stow , but a far greater proportion of men then her proper company was able to command or master ; and offered also to do the like to every one of the said ships ; telling the said captain pennington , and other the said english captains and owners , and their companies in direct tearms , that they were to go , and should go to serve against the city and inhabitants of rochel , and against those of our religion : whereunto they all shewing themselves unwilling , there were chains of gold , and other rewards offered unto some of the captains , masters and owners , to induce them : all which they utterly refused , protesting unanimously against the design , and would not take in above a fit number of men , such as they might be able to command . also the company of the kings ship did there inform captain pennington of this overture made to go against rochel , and exhibited a petition to him against the same , subscribing their names to the petition in a circle or compass , that it might not appear who was the beginner of the same , and then they laid it under his prayer-book , where he found and read it . whereupon captain pennington and the rest consulted more seriously of the matter , and by a general assent returned all back to the downs , where they arrived about the end of iune , or beginning of iuly . from thence captain pennington sent a letter to the duke of buckingham by one ingram , with the said petition , and imployed him to become a suitor to get a discharge from serving against rochel : ingram delivered the letter to the duke , and saw him read it , together with the said petition ; whereby , as by other former and later means , he had full notice of the design , and intent of the french to go against the rochellors : iames moyer also about the same time came to the court , and had conference with my lord conway and sir iohn cook , ( now secretary ) acquainting them what had passed at diep , praying them to acquaint the duke , which they did , and the duke delivered the said letter and petition to sir iohn cook. the duke of chevereux and monsieur de villocleer being now come into england , as extraordinary ambassadors from the french king , they and the said marquis d' effiat , more especially d' effiat , sollicited and got a letter from the lord conway by the dukes means , dated iuly o . . directed to captain pennington , whereby he took upon him to express and signifie his majesties pleasure to be , that his majesty had left the command of the ships to the french king , and that now captain pennington should receive into them so many men as that king should please for the time contracted , and recommended his letter to be as a sufficient warrant in that 〈◊〉 all this while the king or body of the council were never made acquainted with any other design then that of genoa , nor heard any thing of the passages at diep , nor of the design for rochel , nor of our masters & companies petitions , informations or complaints thereupon . this letter of the lord conways was sent by parker from hampton-court unto pennington , being now about the downs , and was not long after delivered into his hands . about this time monsieur de la touche , and others , as from the duke de rohan , and others of the protestant party in france , sollicited our king and council against the going of the ships , and had good words and hopes from both , but from the duke the contrary , who told them , the king his master was obliged , and so the ships must and should go . the ships remained still in the downs , and afterwards , viz. about iuly . . there was a treaty at rochester between the three ambassadors extraordinary of france , and iames moyer , and anthony touchin for themselves and other english captains and masters of ships , &c. the said moyer and touchin being by message commanded to attend the duke of buckingham at rochester , for conclusion and settlement to be had of this business , the said ambassadors did there proffer and offer to the said moyer and touchin an instrument in french purporting thus ; viz. . that the said english captains and their companies should consent and promise to serve the french king against all , none excepted but the king of great britain , in conformity of the contract formerly passed between d' effiat and them . . that they should consent and agree , in consideration of the assurance given them by the ambassadors , to the articles of march . . whereby the french king should be made master of the said ships by indifferent inventory ; that then they should by him be warranted against all hazards of sea-fight , and if they miscarried , then the value thereof to be paid by the french king , who would also confirm this new proposition within fifteen dayes after the ships should be delivered to his use by good caution in london . . that if the french king would take any men out of the said ships , he might , but without any diminution of freight for or in respect thereof . the said iames moyer having gotten the french instrument interpreted , answered , . they would not go to serve against rochel ; . nor send their ships , without good warrant for their going ; and . not without sufficient security to their liking for payment of their freight , and reddition of their ships , or the value thereof ; for the ambassadors security was by them taken not to be sufficient , and they protested against it , and utterly refused this peraffetted instrument : here also sir iohn epsley and sir thomas love disswaded the duke from this enterprise , telling him , he could not justifie nor answer the delivery of the ships to the french. the lord duke being at rochester , and there acquainted with all these proceedings , commanded the said moyer and the rest , before these ambassadors , that they should obey the lord conways letter , and return to diep to serve the french , and that so was our kings pleasure ; howbeit herein his majesties pleasure appeared not , but the contrary : yet privately at the same time the duke told them , that the security offered or formerly given by the ambassador , was insufficient , and that though they went to diep , yet they might and should there keep their ships in their own power till they had made their own conditions to their own liking . iuly . . the duke of chevereux and monsieur villocleox finding that they could not accomplish their designs at rochester , but they must be fain to defer the getting thereof till the coming of the ships back again to diep , where it was thought that better opportunity and more advantage for their ends would be had , did to that purpose make and ordain the marquis d' effiat their deputy to contract with the captains and masters of the english ships for the french kings service , as effectually as themselves might do , thereby transferring their power in that behalf to the said d' effiat , who intended to go over to diep forthwith about this business . the duke of buckingham having thus the second time dealt with the captains and masters to go to diep , and armed and prepared d' effiat how and in what manner there to circumvent them , sent over to diep privately , and underhand , his secretary mr edward nicholas , together with d' effiat . mr nicholas at and before the going over , had instructions from the duke by word to see the execution of the kings pleasure signified by the letter from my lord conway , and to procure the captains and masters of the said merchants ships to deliver over their ships into the hands of the french , upon the security peraffetted at rochester by the three french ambassadors , and by them delivered to the duke of buckingham , who committed the same to the said mr nicholas , as the security which in that behalf he was to take and accept . mr nicholas according to those instructions , went to diep with d' effiat , and was there very urgent to get the ships delivered to the french , according to the said instructions at their coming over to diep : d' effiat entred a suit and protest against our captains and masters , and their original articles , the better to enforce them to perform the same , without respect to the dukes verbal pretences or allegations made to the captains and masters at rochester , and in other places formerly to the contrary . the captains and masters came over again to diep about iuly . where they found themselves in a strait by reason of the said protest there entred against them , the dukes instructions by word being too weak to exempt them from obtaining their contract under their hands and seals ; also mr nicholas using the kings name with threatning words , was there very earnest from day to day , and very vehemently pressed them to deliver over their ships before security given to their content , contrary to the former proposition , ( viz. the lord dukes word to them at rochester ) which they refusing to yeild unto , advertisement thereof was speedily sent to the duke of buckingham , and to his agents into england , and mr nicholas continued still at diep about his former negotiation . iuly . . sir ferdinando gorge , anth. touching , james moyer henry lewen , tho. davies , jasp. dard , and iames davies , as owners and captains of the said seven english ships hired for the french , did express in writing , that they held it fit they should not quit ships their till they had made their own reasonable conditions , and were freed from the questions , and troubles they were in ; and in particular , . they prayed to be free of the said protest , that they might the better treat of their affairs . . if the the french king would have delivery of their ships into his power and possession , that then they might have security by money deposited in london , without revocation for satisfaction of their ships , the former security by merchants being insufficient , and a stop already made of their pay , which upon that security they know not how to come by . . because their ships being fortresses of this kingdom , and the delivery of them over into the hands of a forein prince without good warrant , concerneth even their very lives , that they might have a warrant in that behalf under the great-seal of england before they should be bound to deliver them over . . to be free of their bonds entred into for not selling their ordnance , and also free of punishment in that behalf , and they shewed how they were more cautious herein , for that commissioners drew the first articles , which were now wholly broken , and these articles were to be done by themselves . and this writing they sent from their ships by one mr basset cole , to present on shore to the marquis d' effiat at diep , appointing the said mr cole to treat for a speedy conclusion according to these articles ; who treated accordingly : and the said marquis , to induce him to yield to his demands , shewed a letter in french signed by the duke of buckingham , whereby the duke promised his endeavors to get the marquis's turn served touching these ships . the next day , viz. iuly . mr nicholas came aboard the neptune , and declared in writing under his hand , how and why he was sent over by the duke of buckingham , as before , and craved the captain and masters answer in writing under their hands , whether they would conform to the lord conways letter , and to the instrument peraffetted at rochester , for delivery over of the said ships , yea or no , offering to procure them a sufficient discharge to their contentment for their so doing . the same day also sir ferdinando gorge and the rest , by writing under their hands subscribed , did declare as followeth ; namely , that they were willing to obey our king , but held not the security peraffetted at rochester by the three ambassadors to be sufficient ( though honorable ) and so they absolutely refused to deliver their ships upon that security , desiring better caution in that behalf . . by merchants of paris . . to be transferred to london . . irrevocable . . and such as might not be protected by prerogative ; and to have this under the hands and seals of both kings . all this while our king or body of the council knew nothing in certain of any other design of the french , then only of their pretence against genoa , and believed that all the articles and instruments that had passed between the french and us , or the captains , masters , and owners of the english ships had been penned and contrived with full and good cautions accordingly , for p●evention of all dangers that might grow to the contrary . also the same iuly , the captains and masters taking notice of mr. nicholas pressing them to deliver their ships before security given to their content , contrary to former propositions , which they held unreasonable , did make answer unto the marquis in writing , that until they should have security to their contentment , they would not quit the possession of their ships unto the french ( which was but reasonable ) and they sent therewith a valuation of their several ships as they would stand to . they likewise demanded a performance of all things formerly sent to his lordship from them by mr. nicholas ( save only for the security by money deposited ) saying , that for all the rest they durst not proceed otherwise . lastly they prayed for a speedy answer , that the delay in this business may not seem to be in them . but d' effiat being confident of the duke of buckingham's letters , promises , and proceedings aforesaid , would not consent to these reasonable demands of the captains and masters of the english ships , protracting the time till he might hear further from the said duke out of england . while these things were thus in handling both in france and in england , there were written over out of france into england letters of advertisement , how and upon what ground , or by what act or means procured or occasioned , appeareth not ; yet from one mr. larking a servant to the earl of holland , and a kind of agent , a person some way imployed by our state , or under some of our ambassadors or ministers in france ; that the peace was concluded with those of our religion in france , and that within fourteen days the war would break forth or begin in italy , with a design upon genoa , a matter of great importance for annoying the spaniard . this letter of larking came to the english court at richmond iuly , when the duchess of chevereux child was there christened , and the contents thereof ( as hath been alleaged ) were confirmed by the ambassadors of savoy and venice : by the advantage and colour whereof the duke of buckingham drew the king ( who all this while knew nothing of the design upon rochel or those of our religion , but thought the ●ormer articles had been safe and well penned both for him and his subjects ( according to the most religious and politick intention , and instructions in that behalf originally given by his late father ) to write a letter dated at richmond the same iuly directed to the said captain pennington to this effect , viz. his majesty did thereby charge and command the said captain pennington without delay to put his highness former command in execution , for consigning the vantguard into the hands of the marguis d'effiat for the french , with all her furniture , assuring her officers his majesty would provide for their indemnity ; and to require the seven merchants ships in his majesties name to put themselves into the service of the french king , according to the promise his majesty had made unto him ; and in case of backwardness or refusal , commanding him to use all forcible means to compel them , even to sinking ; with a charge not to fail , and this letter to be his warrant . this letter was sent by captain thomas wilbraham to captain pennington , who was yet in the downs . in the beginning of august . captain pennington went over again to diep , carrying with him the said letters of his majesty , and certain instructions in writing from the duke of buckingham to mr. nicholas , agreeable in substance to the former verbal instructions given by the duke to him at rochester , as the said nicholas alleadgeth ; who also affirmeth , that in all things what he did touching that business , he did nothing but what was warranted by the dukes instructions to him ; which if it be true , then the duke of buckingham who commanded and imployed him therein must needs be guilty of the matters so acted by the said mr. nicholas . if there be any subsequent act or assent of council , or of some counsellors of state for the going of these ships to the french , or for putting them into their power , it was obtained only for a colour , and was unduly gotten by misinforming the contents of the sealed articles , and concealing the truth , or by some other undue means : neither can any such latter act of council in any sort justifie the dukes proceedings , which by the whole current of the matter appears to have been indirect in this business even from the beginning . about the time of captain pennington's coming over to diep the second time , mr. nicholas did in his speeches to the captains and masters of the seven merchants ships threaten and tell them , that it was as much as their lives were worth , if they delivered not their ships to the french as he required ; which put them in such fear as they could hardly sleep : and thereupon two of them were once resolved to have come again away with the ships ; and because the former threats had made them afraid to return into england , therefore to have brought and left their ships in the downs , and themselves for safety of their lives to have gone into holland . captain pennington being the second time come into diep , there forthwith delivered and put the said ship the vantguard into the absolute power and command of the french king , his subjects and ministers , to the said french kings use , to be imployed in his service at his pleasure ; and acquainted the rest of the fleet with the effect of his majesties letter and command , and demanded and required them also to deliver and put their ships into the power and command of the french king accordingly . the captains , masters , and owners of the seven merchants ships refused so to do , as conceiving it was not the kings pleasure they should so do without security for redelivery of their ships , or satisfaction for the same to their good contentment . hereupon pennington went on shore at diep , and there spake with d'effiat the ambassador , and shortly after returned aboard , and gave the captains , masters and owners an answer , resting upon the validity , and urging the performance of the former contract made and peraffetted in england . then the said masters and captains prepared to be gone , and weighed anchor accordingly . whereupon captain pennington shot at them , and forced them to come again to anchor , as yielding themselves for fear to his mercy and disposal . upon this , captain pennington and the frenchmen that now commanded the vantguard , came aboard the merchants ships , and there proposed unto them a new way for their security touching their ships , namely to accept the security of the town of diep : whereupon they all went ashore except sir ferdinando gorge , who with his ship the great neptune adventured to come away , as not liking these new and unreasonable propositions . at their coming ashore they spake with mr. nicholas , and there by his enforcement came to a new agreement to accept the security of the town of diep , upon certain hard conditions ; namely , the said marquis d' effiat as extraordinary ambassador in england , and as having power by deputation from the duke of chevereux and villocleer , on or about august . , did agree and promise to the said moyer , touchin , thomas davies , dard , john davies , lewen , as captains and owners of the said ships , called the industry , the pearl , the marigold , the loyalty , the peter and iohn , and the gift of god , then being in the road of the town of diep , that the french king should give and furnish to the said owners ( they being present , and accepting it in this town ) this sufficient security , that within fifteen dayes after the said french king should be in possession of the said ships , he should give sufficient caution in london , for the sum of two hundred and thirteen thousand livres , whereat the said ships were estimated , with all that appertaineth to them , as cannons and other munitions of war ; viz. fifty thousand pounds . and in or about the same august , . the commonalty of the said town of diep entred security , and bound the goods of their commonalty to the said english captains and owners , that the said french king and his ambassadors should furnish the security within the city of london within the time , and for the sum aforesaid . on or about august . . the said marquis d' ef●iat , as well in his quality of being ambassador , as by vertue of his said deputation , did by a publick act promise unto the said moyer , touching , &c. to give and furnish to them ( they being present , and requiring it in the town of diep ) sufficient security in the city of london , within fifteen dayes after the french king should be in peaceable possession of the said ships , for the sum of two hundred and thirteen thousand livres turnoys , whereat the said ships were valued , namely , for the said ship called the industry , and so a several sum for every ship , which security should remain for assurance to pay to every of them the prices of their ships before specified in that act , in case they should be left in the french kings hands , with other particulars in the said act mentioned , without derogating nevertheless from the clauses of the said contract march . . albeit , because the said ambassadors had found it good now to discharge the english mariners out of the said ships , that therefore the freight agreed upon by the said former contract should not be wholly paid , but only for the space of the first six moneths ; yet if the french king would use them for twelve moneths longer , or for any less time , that then he should pay freight for the same according to a new particular rate and manner expressed in the said articles , and bound the goods of himself and the said duke of chevereux and monsieur villocleer for the performance hereof , as by the said article it self ; reference being thereunto had , amongst other things more fully appeareth . this article being passed and recorded at diep , all the said seven merchants ships , except the great-neptune , who was gone away in detestation of the action intended by the french were forthwith delivered into the absolute possession , power , and command of the french king , and of his said ambassador d' effiat , and other the ministers and subjects of the french king , to be imployed by him in his service at his pleasure , and not one of all the english company , man or boy , ( other then one onely man , a gunner as it should seem ) would stay in any of those ships , to serve against the rochellors , or those of our religion . as soon as these ships were thus delivered into the possession and power of the french , the said ambassador then moved them , and dealt earnestly with them for the sale of their ships . mr nicholas having finished the work he went for , at his coming from diep he recei-a diamond-ring worth fifty pounds , and a hatband set with sparks of diamonds , worth one hundred marks , of the ambassador , as a recompence for his pains taken in this imployment , which ( although ambassadors do confer greater rewards sometimes at their parting upon persons of mr nicholas his quality , for less service done ) yet was it more then so ill an office as he was imployed in could in any sort deserve . the said captain pennington returned speedily into england , and took his journey towards the city of oxford , where the parliament was then sitting , by adjournment from westminster thither , and there several propositions were taken into debate for the good of our religion , and the supply of his majesties occasions : for the well resolving and setling whereof the true knowledg how , and upon what occasions and terms the several ships were sent , delivered , imployed , and to be imployed , was very requisite . afterwards neverthertheless upon or about august . . at a meeting and conference between both the houses of parliament in christchurch-hall , after the reading there of his majesties most gracious answer to a petition of the lords and commons formerly exhibited unto his majesty touching our religion , and much for the good thereof , the duke of buckingham well knowing all the passages which i have now related to your lordships to be true , did not onely cautelously conceal the same , but also much boldly and untruely , by colour of a message delivered from his majesty to both the houses , affirm unto them touching those ships to this effect ; that it was not alwayes fit for kings to give accompt of their counsels , and that about five of the six moneths were already past , and yet the said ships were not imployed against rochel ; willing and advising the said lords and commons to judge the things by the event , to which he seemed to refer the matter . by which cunning speeches the duke intended , and accordingly did make the lords and commons then to believe , that the said ships were never meant , or any way in danger to be imployed against the rochellors , or those of our religion in france ; and herein he did great injury and disservice to his majesty , to the great scandal and prejudice of our religion and affairs , and highly abused both the lords and commons by this cautelous and subtile speech and insinuation , and thereby gave both houses occasion to forbear petitioning or suing to his majesty for redress in this business , while the time was not then passed ; for the ships were not as then actually imployed against the rochellors , albeit in truth they were then delivered into the french kings power . and the same time before the parliament was dissolved , captain pennington , who could have opened the whole truth of the business for the service of the king and the realm , came to oxford , but was there drawn to conceal himself by means of the duke , and not to publish in due time his knowledge of the premisses , as was there shortly after reported . the truth whereof the lords in this parliament may be pleased to examine , as they shall see cause ; the parliament at oxford being shortly after , viz. aug. . unhappily dissolved . in or about september . the said ships were actually imployed against the rochellors and their friends , to their exceeding great prejudice , and almost utter ruine . it hath been said by some of the french , that the vantguard , she mowed them down like grass : to the great dishonor of our nation , and the scandal of our religion , and to the disadvantage of the great affairs of this kingdom , and all christendom . also the ships themselves were in eminent peril to be utterly lost , for lack of sufficient cautions . if they be come home since this parliament sate down , long after the matter was here expounded and taken into examination ; it may be well presumed that it is by some underhand procuring of the duke , and the secret complying of the french with him , to colour out the matter ; which the lords may examine as they see cause . the one and onely english-man that presumed to stay in one of the ships , and serve against the poor rochellors of our religion , at his return was slain in charging a peece of ordnance not by him well sponged . in february last . monsieur de la touche having speech with master thomas sherwell a member of the commons house of parliament , at salisbury , as he was coming up to the parliament , and monsieur de la touche going down into somerset-shire to master john pawlets to monsieur sobysa ; he told master sherwell , in the hearing also of one master iohn clements of plymouth , who is now in town , the words that the duke had spoken to him the last summer touching these ships ; and thereupon used these words , ce duque est un meshant homme . upon this whole narration of the fact touching the manner of delivery of the ships to the french , divers things may be observed wherein the dukes offences do consist : as , in betraying a ship of the kings royal navy unto a foreign princes hand , without good warrant for the same ; the dispossessing the subjects of this realm of their ships and goods by many artifices and subtilties , and in conclusion with high hand and open violence against the good will of the owners ; in breaking the duty of lord admiral and guardian of the ships and seas of this kingdom ; in varying from the original good instructions , and presuming to give others of his own head in matters of state ; in violating the duty of a sworne privy-counsellor to his majesty ; in abusing both houses of parliament by a cautelous misinformation , under a colour of a message from his majesty ; and in disadvantaging the affairs of those of our religion in foreign parts : offences of an high and grievous nature . for the proof of some parts thereof , which are not the least , i offer to your lordships consideration the statute of the & e. . touching the duke of somerset ; wherein is recited , that amongst other things , he did not suffer the piers called the newhaven and blackerst in the parts beyond the seas , to be furnished with victuals and money , whereby the french were encouraged to invade and win the same ; aud for this offence amongst others , it was enacted , that a great part of his land should be taken from him . and if non-feazance in a matter tending to lose a fixed castle belonging to the king , be an high offence ; then the actual putting of a ship royal of the kings into the hand of a foreign prince , which is a moveable and more useful castle and fortress of the realm , must needs be held a greater offence . i will forbear to cite any more presidents of this kind , because some of those who have gone before me have touched at divers presidents of this nature , which may be applied to this my part . only , because the abuse of the parliament , which is the chiefest council of state and court of judicature in the realm , is not the least offence in this business , i shall desire your lordships to take into consideration the statute of westm. . cap. . whereby such as seem to beguile courts of justice , are to be sore judged in the same courts , and punished , as by that statute appeareth . so he concluded , and left the duke to their lordships equal justice . the ninth and tenth articles were read next . ix . whereas the titles of honor of this kingdom of england were wont to be conferred as great rewards , upon such vertuous and industrious persons as had merited them by their faithful service ; the said duke , by his importunate and subtile procurement , hath not only perverted that antient and most honorable way , but also unduly for his own particular gain he hath enforced some that were rich ( though unwilling ) to purchase honor : as the lord r. baron of t. who by practice of the said duke and his agents was drawn up to london , in or about october in the two and twentieth year of reign of the late king iames of famous memory , and there so threatened and dealt withall , that by reason thereof he yielded to give , and accordingly did pay the sum of ten thousand pounds to the said duke and to his use : for which said sum , the said duke in the moneth of ianuary , in the two and twentieth year of the said lake king , procured the title of baron r. of t. to the said lord r. in which practice , as the said lord r. was much wronged in his particular , so the example thereof tendeth to the prejudice of the gentry , and dishonor of the nobility of this kingdom . x. whereas no places of judicature in the courts of justice of our soveraign lord the king , nor other like preferments given by the kings of this realm , ought to be procured by any subject whatsoever for any reward , bribe , or gift ; he the said duke in or about the moneth of december in the eighteenth year of the reign of the late king iames of famous memory , did procure of the said king the office of high treasurer of england to the lord vicount m. now earl of m. which office at his procurement was given and granted accordingly to the lord vicount m. and as a reward for the said procurement of the same grant , he the said duke did then receive to his own use of and from the said lord vicount m. the sum of l. of lawful money of england . and also in or about the moneth of ianuary in the sixteenth year of the reign of the said late king , did procure of the said late king of famous memory the office of master of the wards and liveries to and for sir l. c. afterward earl of m. which office was upon the same procurement given and granted to the said sir l.c. and as a reward for the same procurement , he the said duke had to his own use , or to the use of some other person by him appointed , of the said sir l.c. the sum of six thousand pounds of lawful money of england , contrary to the dignity of our soveraign lord the king , and against the duty that should have been performed by the said duke unto him . these , as also the eleventh article , were enlarged and aggravated by mr. pym , in this manner . my lords , although i know that i shall speak to my own disadvantage , yet i shall labor to speak with as little disadvantage to the matter as i can . i have no learning or ornament whereby i might shew my self , and i shall think it enough plainly to shew the matter ; for all that i aim at is , that i may lose nothing of the cause . and therefore , my lords , i shall apply my self with as much convenient brevity , as one that knows that your lordships time is much more precious then my words : your lordships being such judges , as will measure things by true and natural proportions , and not by the proportion of the action or expression . the first entrance into my service must be reading the articles . my lords , this charge for matter of fact is so notorious and apparent , that it needs no proof that these honors have been procured : and therefore i will only insist upon the consequence . first i will shew , that by this fact the duke hath committed a great offence : and secondly , that this offence hath produced a great grievance to the commonwealth . and i will conclude , in strengthening the whole by some presidents of former times , that parliaments have proceeded in that course in which your lordships are like to proceed . first to prove it a fault or an offence , i must prove that there was a duty ; for every fault presupposeth a duty : and in this case the first work is to shew , that the duke was bound to do otherwise : for which i need to alleage nothing else , then that he is a sworne servant and counsellor to the king , and so ought to have preferred his majesties honor and service before his own pride in seeking to ennoble all that blood that concerned him . and it is not enough to say , that it is not questionable ; for there have been great men questioned in the like cases . there be some laws made that are particular according to the temper and occasions of several states : there are other laws that be coessential and collateral with government ; and if those laws be broken , all things run to disorder and confusion . such is that rule observed in all states , of suppressing vice to encourage vertue , by apt punishment and rewards : and this the fittest law to insist upon in a court of parliament , when the proceedings are not limited either by the civil or common laws , but matters are adjudged according as they stand in opposition or conformity with that which is suprema lex , salus populi . . by this late law , whoever moves the king to bestow honor , which is the greatest reward , binds himself to make good a double proportion of merit in that party who is to receive it ; the first of value and excellence ; the second of continuance and durableness . and as this honor sets men up above others , so they should be eminent in vertue beyond others : as it is perpetual , not ending with their persons , but descending upon their posterity ; so there ought to be in the first root of this honor some such active merit in the service of the commonwealth , as might transmit a vigorous example to his successors , whereby they may be raised to an imitation of the like vertues . he said , he would for bear to urge this point further , out of a modest respect to those persons whom it did collaterally concern , professing his charge to be wholly against the duke of buckingham . . from the consideration of honor , together with the price of money : the which being compared together , may be reduced to two heads , ( may it please your lordships : ) the one being earthly and base , may be bought with a proportionable price of white and red earth , gold and silver ; the other which is spiritual ( which is sublime ) to which money cannot be a proportionable price . honor is transcendent , in regard it was held a sacred and divine thing , insomuch that there was a temple dedicated to her by the romans : and so i conclude by prescription , that honor is a divine thing ; for the scripture calls kings gods ; and then those that are about kings must needs be resembled to those powers and principalities that attend next to the throne : and if honor be such a divine thing , it must not then be bought with so base a price as money . . lastly , honor is a publick thing , it is the reward of publick deserts . and thus your lordships have seen , that the sale of honor is an offence unnatural against the law of nature . now what an offence this is , your lordships may discern , considering the kinds of the offence , and the adjuncts , which i now fall upon . . it extremely de●lowers the flowers of the crown ; for it makes them cheap to all beholders . . it takes from the crown the most fair and frugal reward of deserving servants : for when honor comes to be at so mean a rate as to be sold , there is no great man will look after it . . it is the way to make a man more studious for lucre and gain , then of sufficiencie in vertue ; when they know that they shall be preferred to titles of honor according to the heaviness of purse , and not for the weightiness of their merit . . it introduceth a strange confusion , mingling the meaner with the more pure and refined metal . . lastly , it is a prodigious scandal to this nation , ( as the house of commons think . ) for examples and presidents , i am confident there are none ; and your lordships can look for none , because it is not parallel'd to any president . but certainly it is now a fit time to make a president of this man , this great duke , that hath been lately raised to this transcendent height in our sphere ; who thinketh he cannot shine enough , unless he dim your lordships honors in making the same contemptible through the sale of it , by the commonness of it . yet i am commanded further to observe another step of unworthiness in this gentleman , who hath not only set honor to sale by his agents , but compelled men likewise unwilling to take titles of honor upon them . for the particular , that noble gentleman that this concerns , i am commanded to say of him from the house of commons , that they conceive of him that he was worthy of this honor , if he had not come to it this way ; they can lay no blame upon him , that was constrained to make this bargain to redeem his trouble . but we must distinguish of this , as divines do betwixt the active and passive usurers ; they condemn the active , speaking favorably of the passive . and i must here observe to your lordships by the direction of the house of commons , that it seems strange to them , that this great man , whom they have taken notice of to be the principal patron and supporter of a semipelagian and a popish faction set on foot to the danger of this church and state , whose tenets are liberty of free-will , though somewhat mollified ; that a man imbracing these tenets should not admit of liberty in moral things : and that he should compel one to take honor and grace from a king whether he will or no , what is that but to adde inhumanity and oppression to injury and incivility ? but here i must answer a president or two , which may be by misunderstanding inforced against me . h. . there was martin and babington , and others , which were chosen to be serjeants , and they did decline from it out of their modesty , and doubted that their estates were not answerable to their place : yet upon the charge of the warden of england , they accepted it and appeared to their writs . likewise there is a writ in the register , that many by reason of the tenure of their lands may be compelled to be made knights . but this makes rather against , then for this faction : for it is true , that this is the wisdom and policie of the common-law , that those that be thought fit men for imployment , may be drawn forth to be imployed for the good of the commonwealth , where otherwise they would not take it upon them : but that any man for his own gain should force a man to take degrees of honor upon him , certainly this is beyond all presidents , and a thing not to be exampled either in our nation or any other . and further i am commanded to tell your lordships , that it is dangerous , that if a great lord by his power or strength may compel a subject to take such honors , why may he not compel them as well to take his lands at what price he will , and to sell them again as he thinks fit ; yea , to marry his children as it pleaseth him ? the conference of this is great , if that it be well considered ; and they conceive that it is of so great a consequence , that if it be not stopped , it may come in time to make way for a dangerous subversion , and demonstrates a great tyranny of a subject , under a most wise , most gracious , and most moderate king. and thus ( my lords ) i have done with the first article allotted to my charge , and so i proceed to the next . my lords , before i enter into the enforcement of this article , i shall by way of protestation from the house of commons do in this as i did in the other article . and first for the kings majesty under whom we are now happily governed and placed , i must by their direction say for his honor , and our comfort , and with humble acknowledgment confess , that since his coming to the crown there have been men of as great parts and learning advanced into places in church and commonwealth , as any have been heretofore . and then for the first of those lords whose names are mentioned in this article , i must say , that they do not intend to reflect at all upon him ; nay they think his person so worthy , as to be advanced to as high a place without any price at all , and that he ought to have kept it longer , if those that shuffled in those times , had not shuffled him out . now to the matter of this article , which is the sale of places of judicature , being an offence : and to prove this , is all one as to make the glass clear by painting of it . the grounds whereon i shall go , shall be laid open magna charta cap. . the words are these ; nulli vendemus , nulli negabimus justitiam . it may be said , this comes not close to my purpose : yet by your lordships favor i shall make it good that it doth , and i shall begin with the latter of the two first , nulli negabimus : for if any that hath power or favor with the king , should procure him to delay the making of judges , when there were judges to take it , it will not be denied that they do their best endeavor to make the king break his word ; for if any use their favor about the king to procure places of judicature for money , they do what in them lies to make justice it self saleable : for it is plain that he that buyes must sell , and cannot be blamed if he do sell. i shall open the evil consequences that depend upon the sale of places of judicature , or any places of great trust . . by this means unable men shall be sure of the precedence unto places ; for they being conscious of their own want of merits , they must be made up by the weight in gold. . it must needs hence follow , that suits , contentions , brawls and quarrels shall be increased in the commonwealth : for when men come to seats of judicature by purchase , they must by increase of suits increase their own profit . . men will not study for sufficiencie of learning to be able to discharge their places , but how they may scrape together money to purchase places . . it will follow , that those that have the best purses , though worst causes , will carry away the victory always . . it will follow , that when they be preferred for money to those places , they are tied to make the best of those places viis & modis : and then the great man that sold those places to them , must uphold them in their bribery ; and he is tied to it , because they are his creatures ; nay further he is tied to support them in their bribery , to advance their places upon the next remove . . and lastly , when good men and well deserving come to any place , they shall not continue there , but they shall be quarrelled at , so that there may be a vacancie in that place , and then some other shall suddenly step into the saddle by giving a competent price . upon these and the like reasons , this fact of selling and buying places and offices of trust , hath not only been declaimed against by christians , but also by moral pagans . aristotle in his lib. of ethicks cap. . gives it as a caveat , that no man amongst the thebans was to take upon him any place of government in the commonwealth if that he were a merchant , unless there were ten years distance between . and the reason is this ; because merchants are used to buying and selling , it is their trade and art to to 〈◊〉 money , so that their fingers are accustomed to that which they cannot leave when they come to places of trust and judicature . nay further , in honor of the merchants , he is accounted the wisest merchant that gains most ; so that if any such comes to offices and places of trust , he thinks it best to advance his profit . next to the pagans , the popes , a generation full of corruption , yet they by their bulls are full of declamation against such . and this is plain by a bull of pius quintus , who lays the penalty of confiscation of goods of any that do for money acquire any offices , and condemns them by his papal sentence to be great sinners . so gregory the thirteenth condemns the like . and now to come nearer home , to come to that which will principally lead your lordships , which are the judgments of your ancestors in parliament ; wherein it appears by the statute of h. . that the same statute condemns the seller and receiver , as well as the buyer and giver . it further appears by the preamble of that statute , that such offences were against the law , and they foresaw the corruptions of those that came into those places by those means , and that it is a hinderance of sufficient and worthy men from those places . and also , & e. . which was likewise cited in the case of the duke of somerset , by which he was to forfeit his estate , that one thing was for selling of places in the commonwealth for money . and certainly , with your lordships favor , it is most just and probable , that they that profess themselves to be patriots , and shew by their actions that they aim at their own lucre , and labor to hinder the distributing of iustice , it is most just and proper that those men should return back again to the publick treasury of the king and kingdom , what they have by their unsatisfied lucre gotten . and so , my lords , craving pardon of you for my boldness , confusion and distractions in going through this business , i humbly leave my self to the judgments of your favors and charities , and this great man the duke to your wise censure and justice . then was read the eleventh and twelfth articles . xi . that he the said duke hath within these ten years last past procured divers titles of honor to his mother , brothers , kindred and allies ; as the title of countess of buckingham to his mother , while she was sir thomas compton's wife ; the title of earl of a. to his younger brother christopher villiers ; the titles of baron of m. p. vicount f. and earl of d. to his sisters husband sir w. f. the titles of baron of s. and vicount p. to sir iohn villiers elder brother unto the said duke ; and divers more of the like kind to his kindred and allies : whereby the noble barons of england , so well deserving in themselves and in their ancestors , have been much prejudiced , and the crown disabled to reward extraordinary vertues in future times with honor ; while the small estates of those for whom such unnecessary advancement hath been procured , ar● apparently likely to be more and more burthensom unto the king , notwithstanding such annuities , pensions , and grants of lands annexed to the crown , of great value , which the said duke hath procured for those his kindred to support these their dignities . xii . he the said duke 〈◊〉 contented with the great advancement formerly received from the late king of famous memory , by his procurement and practice in the fourteenth year of the said king , for the support of the many places , honors and dignities conferred on him , did obtain a grant of divers manors , parcel of the revenue of the crown and of the duchy of lancaster , to the yearly value of one thousand six hundred ninety seven pounds two shillings halfpenny farthing of the old rent , with all woods , timber , trees , and advowson ; part whereof amounting to the sum of seven hundred forty seven pounds thirteen shillings four pence , was rated at two and thirty thousand pounds , but in truth of a far greater value . and likewise in the sixteenth year of the same kings reign , did procure divers other manors annexed to the crown of the yearly value , at the old rent , of twelve hundred pounds or thereabouts , according as in a schedule hereunto annexed appeareth : in the warrant for passing of which lands , he by his great favour procured divers unusual clauses to be inserted ( viz. ) that no perquisites of courts should be valued , and that all bailiffs fees should be reprised in the particulars upon which those lands were rated ; whereby a president hath been introduced , which all those who since that time have obtained any lands from the crown , have pursued to the damage of his late majesty , and of our soveraign lord the king that now is , to an exceeding great value . and afterwards he surrendred to his said majesty divers mannors and lands , parcel of those lands formerly granted unto him , to the value of seven hundred twenty three pounds eighteen shillings and two pence half-penny per annum ; in consideration of which surrender , he procured divers other lands of the said late king to be sold and contracted for by his own servants and agents , and thereupon hath obtained grants of the same to pass from his late majesty to several persons of this kingdom , and hath caused tallies to be stricken for the money , being the consideration mentioned in those grants in the receipt of the exchequer , as if any such monies had really come to his majesties coffers ; whereas the duke , ( or some other by his appointment ) hath indeed received the same sums , and expended them upon his own occasions . and notwithstanding the great and inestimable gain by him made by the sale of offices , honors , and by other suits by him obtained from his majesty , and for the countenancing of divers projects , and other courses burthensom to his majesties realms , both of england and ireland ; the said duke hath likewise by his procurement and practise received into his hands , and disbursed to his own use exceeding great sums , that were the monies of the late king of famous memory , as appeareth also in the said schedule hereunto annexed : and the better to colour his doings in that behalf , hath obtained several privy-seals from his late majesty , and his majesty that now is , warranting the payment of great sums to persons by his named , causing it to be recited in such privy-seals , as if those sums were directed for secret services concerning the state , which were notwithstanding disposed of to his own use ; and other privy-seals by him have been procured for the discharge of those persons without accompt ; and by the like fraud and practice , under colour of free gifts from his majesty he hath gotten into his hands great sums , which were intendded by his majesty to be disbursed for the preparing , furnishing and victualling of his royal navy ; by which secret and colourable devices , the constant and ordinary course of the exchequer hath been broken , there being no means by matter of record to charge either the treasurer or victualler of the navy with those sums which ought to have come to their hands , and to be accompted for to his majesty ; and such a confusion and mixture hath been made between the kings estate and the dukes , as cannot be cleared by the legal entries and records , which ought to be truely and faithfully made , and kept , both for the safety of his majesties treasure , and for the indempnity of his officers and subjects whom it doth concern . and also in the sixteenth year of the said king , and in the twentieth year of the said king , he did procure to himself several releases from the said king of divers great sums of the money of the said king by him privately received , and which he procured , that he might detain the same for the support of his places , honors and dignities . and these things , and divers other of the like kinde , as appeareth in the schedule annexed , hath he done , to the exceeding diminution of the revenues of the crown , and in deceit both of our soveraign lord the king that now is , and of the late king iames of famous memory , and to the detriment of the whole kingdom . before mr sherland entred to open and enlarge upon the twelfth article , he discoursed in general concerning honors , mentioned in the preceding article , and spake as followeth . my lords , it hath pleased god ( who hath the disposing even of all things in his hands ) to cast this service now upon me , who did formerly my endeavor to decline it , considering the weightiness of the business , the greatness of this presence , and my manifold defects , best known to my self : but another that should have with better contentment , i doubt not , performed this service , being fallen now sick , there is a necessity imposed on me by the house of commons , wherein i shall be very plain , and short , according to the warning i had ; yet i shall deal plainly and faithfully , according to the sense of that house by whose command i now appear : and since i am now thrust as a bush into the gap , i hope your lordships will not expect such a composure and strength of speech which you have had from others of my companions . the subject that falls to my lot to speak of before your lordships , are honor , and iustice , two great flowers of the crown : i confess my self exceeding unfit and unable to speak of these points before so great an assembly of such persons of so great honor , and such superior judges of this kingdom ; but i must take my lot : it pleaseth your lordships , as in sphere , to take knowledge of the grievances presented by the commons house , which i desire and hope your lordships will not take presumption . may it please your lordships , the parts of this charge , as you discern upon the reading of it , are two ; the one general , the other particular : the general is , perverting the ancient and noble course of attaining to the titles of honor. . the other , the compulsion or inforcement of men unwilling to purchase honor. for the first by way of protestation , i am commanded by the house of commons , to say , that they repine not at their advancement upon whom those honors were conferred , but they think them worthy thereof ; yet they wish for their sakes , and the safety of this nation , their vertues had solely raised them , and that they had not been forced and constrained to contribute to this bottomless gulf to attain their titles . they complain again of this unworthy way brought in by this great man , they fall upon this in this manner , and found the evils under which the commonwealth suffers , and the causes of them being two principal evils , which are the decay and stopping of the trade , and the determination of honor. in examination of which second evil , the trade and comerce of honor , we have , as the commons do conceive , confitentem reum : for he endeavouring to colour the matter , sayes for himself , that he was not the onely introducer and first bringer in of this ▪ but they finde that he was the first that defiled this virgin of honor so publickly , making an accompt , that all things and persons should stoop and subject themselves to his vain desires and extravagancy . now that this comerce of honor is an offence ; then to prove what kinde of offence it is , is the onely thing i shall trouble your lordships with . . and first that it is an offence , i shall draw my first argument from the nature of honor ; honor is a beam of vertue ; now this honor can be no more fixed upon an undeserving person for money , then fire can be struck out of a stick . . from the suject of honor , which is merit , for the which no price ought to be paid to any great man ( by any undeserving ) person for the same , but their own merit and desert . then he passed to the grievances which are caused by the selling of titles , and they are three . . first it is prejudicial to the noble barons of this kingdom . . to the king , by disabling him to reward extraordinary vertues . . to the kingdom which comprehends both king , lords , and people . for the first , he said , he would not trouble their lordships with recital , how ancient , how famous the degree of barons hath been in these western monarchies ; he said , the baronage of england hath longer upheld that dignity , and doth yet retain a greater height then in any other nation ; they are great judges , a court of the last resort , they are great counsellors of state , and not onely for the present , but as law-makers , counsellors for the time to come ; and this not by delegacy and commission , but by birth and inheritance : so that when any man shall be made a member of this great body , who is not qualified for the performance of such noble functions , it must needs be a prejudice to the whole body , and dishonor to the head . as if a little water be put into a great vessel of wine , as it receives spirit and strength from the wine , so it doth impart some degrees of its own infirmity and coldness to the wine . secondly , it is prejudicial to the king ; not that it can disable him from giving honor ( for that is a power inseparable ) but by making honor ordinary , it becomes as an incompetent reward for extraordinavertue ; when men are made noble , they are taken out of the press of the common sort , and how can it chuse but fall in estimation , if honor it self be made a press ? thirdly , it is prejudicial to the kingdom ; the stories and records are full of the great assistance which the crown hath received from the barons , both in forein and domestick actions , not onely by their own persons , but by their retinue and tenants , and therefore they are called by bracton , robur belli ; how can we now expect the like from such as have no tenants , and are hardly able to maintain themselves ? but this is not all ; for the prejudice grows not primitively by defect of that assistance which they might give the state , but positively they have been a great burthen to the kingdom by gifts and pensions already received , and yet stand in need of more for the future support of their dignities . this makes the dukes offence the greater , that in this weakness and consumption of the commonwealth , he hath not been contented alone to consume the qublick treasure , ( which is the blood and nourishment of the state ) but hath brought in others to help him in this work of destruction . and that they might do it more eagerly , by inlarging their honors , he hath likewise inlarged their necessities , and their appetites . he did second his charge with two presidents ; the first , henry . in the complaint against the duke of suffolk , in the one and thirtieth article of that complaint , this was one of his charges , that he william de la pool duke of suffolk , had procured one who had married his niece to be made earl of kendal , and obtained for him one thousand pounds per annum in the dutchy of guienne ; and yet this party was the son of a noble and well deserving father . so you see this is no new thing for the house of commons to complain , that those that are neer the king should raise their kindred to an unnecessary honor ; and if that were worthy of punishment for advancing of one , then what punishment is he worthy of that hath advanced so many ? the second president is edw. . there passed an act of parliment , for the degrading of iohn nevil , marquis montague , and duke of bedford ; the reason expressed in the act is , because he had not a revenue sufficient for the maintaining of that dignity ; to which is added another reason of that nature , that when men of mean birth are called to a high estate , and have not livelihood to support it , it induceth great poverty , and causeth briberies and extortions , imbraceries and maintenance . and now my lords , how far these reasons shall lead your judgements in this case , i must leave it to your lordships . then he read the twelfth article , being the second part of his charge ; the title whereof was , the exhausting , intercepting and misimploying the kings revenues . my lords , this article consists of several clauses , which in some respects may be called so many distinct charges ; for though they all tend to one end and scope , the diminishing the kings treasure , yet it is by divers wayes , so that every clause is a particular branch . therefore he desired to break it into parts , and to select the most material , either in point of offence or grievance , inten●ing to pass through them with this order ; first , to declare the state of the proof , and then to add such reasons and inforcements as he did conceive most conduceable to that judgement which the commons were to expect from their lorships . he made two main branches of this article . the first concerns lands obtained from the crown ; the second concerns money in pensions , gifts , farms , and other kinde of profit . touching the lands he observed four things . . the sum of three thousand thirty five pounds per annum of old rent , besides the forest of layfield , of which we have no value , and we can finde no schedule granted by the late king to my lord of buckingkham within ten years past , as appeareth by the several grants vouched in the schedule annexed ; and it was in it self a great grievance , that in a time of such necessity , when the kings revenues are not able to support such a great charge , that so much land should be conveyed to a private man ; this he acknowledged was not the dukes case alone , for others had received divers grants from the king , but none in so great measure . and because the commons aim not at judgement onely , but at reformation , he wished , that when the king should bestow any land for support of honors , that the caution which was wont to be carefully observed might again return into use ; that is , to annex those lands to the dignity , lest being obtained and wasted , the party repair to the king for a new support ; by which provision the crown will reap this benefit , that as some lands go out by new grants , others will come in by spent intails . he said he would not trouble their lordships with repetition of the laws heretofore made for preventing the alienation of the kings lands , and for resuming those that had been alienated , nor of the ordinances made in this high court for the same purpose , and fines set upon those that presumed to break such ordinances ; he onely added as a further enforcement of the grievance , that when the kings revenues be unable to defray publick necessities , the commons must needs be more burthened with supplies . . his second point was , the unusual clauses which the duke by his greatness hath procured to be inserted into the warrants for passing of those lands , of which two were mentioned ; the first , that the casual profits should not be rated in the particulars ; the second , that all bailiffs fees should be reprised : both which are to be proved by the warrants remaining with the auditor of the rates , and other auditors ; whereupon he presented these considerations . first , that it was a mark of ingratitude and insatiableness in the duke , thus to strain the kings bounty beyond his intention ; and that he would not receive this bounty by the ordinary way , but by the way of practice . secondly , it argued unfaithfulness in him , that being a sworne counsellor , he should put the king into such courses of so much prejudice , deceitfully , in concealing the value of that which he bought ; so that the king gave he knew not what ; for under the proportion of two thousand pounds , he gives it may be four thousand pounds . and by this the king did not only sustain great loss for the present , but it opened a way of continual loss , which hath ever since been pursued by all those who have passed lands from the crown . thirdly , the king is hereby not left master of his own liberality , neither in proportion , nor certainty ; for it might so fall out , that the quantity passed from him , might be treble to that he intended . . the third was , the surrender of divers parcels of these lands back to the king , after he had held them some years , and taking others from the king in exchange . where he noted , that the best of the lands and most vendible being passed away , the worst lay upon the kings hand ; that if he shall have occasion to raise money by sale of lands , that course is not like to furnish him . besides , that in the mean time betwixt the grants and the surrenders , opportunity was left to the duke to cut down woods , to infranchise copiholds , to make long leases ; and yet the old rent remaining still , the land may be surendred at the same value . whether this have been practised , he could not affirm , not having had time to examine it ; yet he desired the lords to enquire after it , the rather for that the manor of g. in lincolnshire being dismembred , and seventeen pounds of the old rents sold out of it , was by a surrender turned back upon his majesty . . the fourth point of this branch was , the colourable tallies divers parcels of these lands had from the crown in lieu of this surrender , being sold and contracted for by his own agent , and the money received by himself or to his use , and yet tallies were stricken out , as if it had really come to the exchequer for his majesties service . this is to be proved by his own officers , by the officers of the exchequer , and by the tallies themselves , which tallies amount unto l. s. d. whence he observed , first , that there ran a trade of falshood toward the king throughout all this his dealing . secondly , that this was a device thought upon to prevent the wisdom of parliament ; for by this means the grant seems to have the face of valuable purchases , whereas they were indeed free gifts . thirdly , if the title of those lands should prove questionable , it appearing by record as if the king had received the money , he was bound in honor to make restitution , and yet the duke had the profit . but it may be said , this was the purchasors desire for their own security . of which objection he made this use , that the subjects generally took notice of so much lands given to the duke , that there is good cause 〈◊〉 expect a resumption . in the second general branch of this article concerning money , the first point observed was , the total sum received by him in ten years space , amounting to l. besides the grant he hath of the overplus above three thousand pounds per annum to be made of the third imposed upon strangers goods , and besides the moyetie of seven thousand pounds out of the customs of ireland , which he is bound to pay to the king ; but whether it hath been paid , or no , is doubtful . this he delivered as a sum estimative , yet so computed as it may be more , but not less . and this total ariseth by free gifts , by pensions to himself ; else by profit of farms , by pensions to others ; for offices , whereof he received the profit , as the admiralty , and mastership of the horse . all which appear by a schedule annexed to this charge . the grievances consist in this ; that the commonwealth hath been bereaved of the use and imployment of so publick treasure , in a time of as great want , and great occasions in this state , as it hath had in many ages , when the expences of the kings court can hardly be supplied , when his houses and castles are unfurnished , when the seas have been unguarded , the coasts subject to the incursion and spoil of enemies by default of provision in the navy , to the dishonor of the nation , and damage of the subjects , and the hazard of the whole . and the offence in this , that the wants in the navy and the stores being within his own charge , he was no more sensible of them ; whereby it appears , he preferred the serving of his own turn before his duty , and before the safety of this state. the second point observed in this branch , was , that the duke under pretence of secret services , hath procured great sums of money to be issued by privy-seals to sundry persons named by himself , but afterward imployed to his own use . hereof two instances are propounded : the one of eight thousand pounds paid to sir robert pye , aug. . and by him disbursed for the dukes purchase of burleigh , and sir robert pye discharged by another privy-seal , iunii following . the second instance is of sixty thousand pounds paid to burlimach by a privy-seal , in september . which time he rather noted , because the parliament at oxford was broken up a little before out of discontent that the king was not supplied for the setting out of the fleet , which would have been done with a less sum . for the proof of that , the house of commons will offer to your lordships witnesses . the quality of this offence he left to their lordships judgment ; yet propounding some things by way of enquiry , from whence it might receive measure and proportion . . whether it had not affinity with the crime in the civil law , called crimen peculatus ; which was , when a man did unjustly turn to his own use that money which was either sacra , dedicated to gods service religiously ; or religiosa , used about funerals and monuments of the dead ; or publica , of which kind the matter now in question is ? and this offence by that law was death , and confiscation of goods and estate . which he notes the rather , that their lordships might perceive , that in the wisest state the publick treasure was held in the same reputation with that which was dedicated to god and religion . . and whether it doth not resemble● other crime in the same law termed crimen falsi , and is defined to be when a man shall imitatione veri suum compendium alieno dispendio per dolum facere , by semblance of truth make gain to himself of other mens losses : which in the case of a bondman was death , and in case of another man banishment and confiscation , or otherwise very penal , as the judges should find cause of moderation , or rigor , in the nature and circumstances of the fact. . whether their lordships will estimate it according to any sentences in the star-chamber , which have been very frequent in cases of fraud : or according to the common-law , which so much detests this kind of dealing , as that they term it covin , and make it vitiate ordinary and lawful actions . or lastly , whether they will measure it by that judgment which the duke hath pass'd against himself in the guilt of his own conscience ? ( direct actions are not afraid to appear open-faced ; but injustice and fraud desire to be masked with subtilty and closeness . ) it were offence enough , if there were no more but a cunning concealing of unthankfulness to hide his majesties bounty , or guilt of unworthiness , as if he durst not avow the receit of that which he had not merited ; both which proceed from malum culpae : or else that other kind of guilt which proceeds from malum poenae , the fear of punishment , foreseeing this inquisition into his actions , and hoping under this disguise of publick service to escape their lordships censure . the third point in this branch is , that he hath received sundry sums of money intended for the maintenance of the navy : whereof there are two instances ; the one whereof is l. the other of l. both in ianuary . by privy-seal , by the which these sums are issued , they appear to be free gifts : but by the affirmation of some in answer for the duke , it hath been said , he was only the hand to convey them to the treasury of the navy . if the truth be according to the privy-seal , they are to be added to the former total as parcel of his own gain : if according to that allegation , it may prove a president of greater damage to the king , then the money is worth ; for by this way his majesty hath no means by matter of record to charge the treasurer of the navy with these sums , and may lose the benefit of the act of parliament eliz. whereby accomptants lands are made liable to the paiment of their debts to the king , and in many cases may be sold for his majesties satisfaction . the treasurer of the navy is a worthy man ; but if he should die , the king loseth the benefit . the fourth point of this branch is , that he hath caused so great a mixture and confusion between the kings estate and his own , that they cannot be distinguished by the records and entries which ought to be kept for the safety of his majesties treasure , and indempnity of the subject . this is proved in divers instances , whereof the last alleaged is one , and others follow . by the wisdom of the law in the constitution of the exchequer , there be three guards set upon the kings treasure and accompts . the first is a legal impignoration , whereby the estates personal and real of the accomptants are made liable to be sold for the discharge of their debts , which i mentioned before . the second , an apt controlment over every office ; by which the king relies not upon the industry and honesty of any one man ; but if he fail in either , it may be discovered by some other sworne to take notice of it , and either to correct his errors , or amend his faults . the third is , a durable evidence and certainty , not for the present time only , but for perpetuity ; because the king can neither receive , or pay , but by record . all these guards have been broken by the duke , both in the cases next before recited , and in these which follow . the custom of the exchequer is the law of the kingdom , for so much as concerneth the kings revenue . every breach of a law by a particular offence , is punishable ; but such an offence as this , being destructive of the law itself , is of a far higher nature . the fifth point of this second branch , is concerning two privy-seals of release ; the one , the other iac. whereby this duke is discharged of divers sums secretly received to his majesties use , but by vertue of these releases to be converted to the support of his own estate : the proof hereof is referred to the privy-seals themselves . from which he made one observation , of the subtilty he used to winde himself into the possession of the kings money , and to get that by cunning steps and degrees , which peradventure he could not have obtained at once . a good master will trust a servant with a greater sum that is out of his purse , then he would bestow upon him being in his purse ; and yet after it is out of his hands , may be drawn more easily to make a release , then at first to have made a free gift . this is a proper instance to be added to the proof of the point of mingling his own estate with the kings ; and of the same kind be other particulars mentioned in the schedule , though not expressed in the charge ; as twenty thousand pounds received in composition for the earl of m. his fine , which cannot be discovered whether part or all be converted to the dukes benefit , and yet it appears by a privy-seal to be cleerly intended to the kings own service for the houshold and wardrobe , till by the dukes practice it was diverted into this close and by-way . another instance in this , is , his endeavor to get the money which should be made of prize-goods into his own hands : and for this purpose , he first labored to procure that his man gabriel marsh might receive it ; and when it was thought fit some partner should be joined with him , trial was made of divers , but none of any credit would undertake the charge with such a consort . and the commons have reason to think there was good cause of this refusal ; for he is so ill an accomptant , that he confessed in their house ( being examined ) that by authority from the duke he received divers bags of gold and silver out of the s. peter of newhaven , which he never told . when this practice of imploying his own man would take no effect , then he procured a commission from sir william russell , who is indeed without exception an able and worthy officer ; but that is not enough for the kings security ; for howsoever he was to receive the money , it was to be disbursed by and to the dukes warrant and profit . which clause hath been altered since this was questioned in parliament ; and now it is to be issued from an immediate warrant from his majesty : but as it was before , it may be noted as an incroachment upon the office of my lord treasurer , whereby he might make a more easie way to some sinister end of his own ; so that upon the matter , sir william was but a safeguard of the money for the duke himself . and this i must note of some guilt in the very act of it . the last point upon this whole charge , was a reduction of the value of the land , together with the mony into one totall , and to that purpose , he rated the land , being valued at a reasonable value , at forty years purchase , for although some of it was sold for thirty , yet a great part was worth more then a hundred years purchase , so as forty years is conceived to be an easy medium ; at this rate l. amounteth to l. which being added to the total of the mony received l. both together make the sum of l. besides the forrest of leyfeild , and besides the profit made out of the thirds of strangers goods , and the moyetie of the profit made out of the customes of ireland . this is a great sum in it self , but much greater by many circumstances ; if we look upon the time past , never so much came into any private mans hands out of the publique purse ; if we respect the time present , the king never had so much want , never so many forreign occasions , important and expensive ; the subjects never have given greater supplies , and yet those supplies unable to furnish these expences . but as the circumstances make the sum greater , so there be other circumstances which make it less , if it be compared with the inestimable gain he hath made by the sale of honors and offices , and by projects hurtfull to the state , both of england and ireland ; or if it be compared to his profusion , it will appear but a little sum . all these gifts , and other ways of profit notwithstanding , he confest before both houses of parliament , that he was indebted l. if this be true , how can we hope to satisfie his prodigality ? if false , how can we hope to satisfie his covetousness ? and therefore their lordships need not wonder if the commons desire , and that earnestly , to be delivered from such a grievance . that this complaint and proceedings of theirs may appear to be suitable to the proceedings of their predecessors in like cases ; he alleaged three presidents , which he said were presidents in kinde , but not in proportion , because there hath never been the like . the first rich. . in the complaint against michael de la pool , earl of suffolk ; out of which he took three articles , the first , that being chancellor and sworn to the kings profit , he had purchased divers lands from the king , more then he had deserved , and at an under rate ; yet this was thought to be an offence against the state. the second , that he had bought of one tydman an annuity of five hundred pound per annum ; which grant was void by the laws , yet he being chancellor , procured the king to make it good by a new grant upon surrender of the old . this was complained of in parliament , and there punished . the third , whereas the master of st. anthonies being a schismatick , had forfeited his possessions into the kings hand ; this earl took them in farm at twenty marks a year , converting the overplus which was one thousand marks to his own profit , which should have come to the king. the next president ii rich. . in the judgment against robert de vere of oxford , and others ; out of which , he took two articles , the fifth and the seventh : the fifth was for taking mannors and lands annexed to the crown , whereby they themselves were inriched , and the king made poor ; the seventh was for intercepting the subsidies granted for the defence of the kingdom . the third president is that of hen. . in the parliament roll , out of the complaint against william de la pool , duke of suffolk , article . that he being next and primest of council to the king , he had procured him to grant great possessions to divers persons , whereby the king was much impoverished , the expence of his house unpaid , wages , wardrobe , castles , navy , debts unsatisfied ; and so by his subtile council , and unprofitable labor , the revenues of the crown and the dutchy of lancaster , and other the kings inheritances so much diminished , and the commons of the kingdom so extreamly charged , that it was near to a final destruction . the fourth was , that the kings treasure was mischievously distributed to himself , his friends , and well-willers ; so that for lack of money , no army , nor ordnance could be provided in time ; and because these great persons were not brought to judgment upon these articles alone , but for other misdemeanors , he made this observation , that ravening upon the kings estate is always accounted with other great faults that deserve judgment . then he said he had done with that which had been left to him ; and so he left the duke to their lordships justice , that as he had exceeded others in this offence , so he might not come behinde them in punishment . and so he humbly desired their lordships to be pleased to pardon his delivery , and to give a favorable censure of him . lastly , the thirteenth article was read . xiii . whereas especial care and order hath been taken by the laws of the realm , to restrain and prevent the unskilful administration of physick , whereby the health and life of men may be much endangered . and whereas most especially , the royal persons of the kings of the realm , in whom , we their loyal subjects , humbly challenge a great interest , are and always have been esteemed by us so sacred , that nothing ought to be prepared for them , or administred unto them in the way of physick or dyet in the times of their sickness , without the consent and direction of some of their sworn physitians , apothecaries , or surgeons . and the boldness of such ( how near soever to them in place and favor ) who have forgotten their duties so far , as to presume to offer any thing unto them beyond their experience , hath been always ranked in the number of high offences and misdemeanors . and whereas the sworn physitians of our late soveraign lord king iames of blessed memory , attending on his majesty in the moneth of march , in the two and twentieth year of his most glorious raign , in the times of his sickness , being an ague , did in due and necessary care of , and for the recovery of his health and preservation of his person , upon and after several mature consultations in that behalf had and holden , at several times in the same moneth , resolve and give directions , that nothing should be applied or given unto his highness , by way of physick or dyet , during his said sickness , but by and upon their general advice and consents , and after good deliberation thereof first had , more especially by their like care , and upon like consultations ; did justly resolve and publickly give warning to and for all the gentlemen , and other servants and officers of his said late majesties bed-chamber , that no meat nor drink whatsoever should be given unto him , within two or three hours next before the usual time of and for the coming of his fit in the said ague , nor during the continuance thereof , nor afterwards , until his cold fit were past . the said duke of buckingham being a sworn servant of his said late majesty , of and in his majesties said bed-chamber , contrary to his duty and the tender respect which he ought to have had of his majesties most sacred person ; and after the consultations , resolutions , directions , and warning aforesaid , did nevertheless without any sufficient warrant in that behalf , unduly cause and procure certain plaisters , and a certain drink or potion to be provided for the use of his said majesty , without the direction or privity of his said late majesties physitians , not prepared by any of his majesties sworn apothecaries or chirurgeons , but compounded of several ingredients to them unknown . notwithstanding the same plaisters , or some plaister like thereunto , having been formerly administred unto his said majesty , did produce such ill effects , as that some of the said sworn physitians did altogether disallow thereof , and utterly refused to meddle any further with his said majesty , until these plaisters were removed , as being hurtful and prejudicial to the health of his majesty ; yet nevertheless the same plaisters , as also a drink or potion , was provided by him the said duke ; which he the said duke , by colour of some insufficient and slight pretences , did upon monday the one and twentieth day of march , in the two and twentieth year aforesaid , when his majesty by the judgment of his said physitians , was in the declination of his disease , cause and procure the said plaisters to be applied to the brest and wrists of his said late majesty . and then also at and in his majesties fit of the said ague , the said munday , and at several times within two hours before the coming of the same fit , and before his majesties then cold fit was passed , did deliver , and cause to be delivered , several quantities of the said drink or potion to his said late majesty ; who thereupon at the same times , within the seasons in that behalf prohibited by his majesties physitians as aforesaid , did by the means and procurement of the said duke , drink and take divers quantities of the said drink or potion . after which said plaisters , and drink or potion , applied and given unto , and taken and received by his said majesty as aforesaid , great distempers and divers ill symptoms appeared upon his said majesty , insomuch , that the said physitians finding his majesty the next morning much worse in the estate of his health , and holding a consultation thereabout , did by joynt consent send to the said duke , praying him not to adventure to minister to his majesty any more physick , without their allowance and approbation . and his said majesty himself finding himself much diseased and affected with pain and sickness , after his then fit , when by the course of his disease he expected intermission and ease , did attribute the cause of such his trouble unto the said plaister and drink , which the said duke had so given , and caused to be administred unto him . which said adventrous act by a person obliged in duty and thankfulness , done to the person of so great a king , after so ill success of the like formerly administred , contrary to such directions as aforesaid , and accompanied with so unhappy event , to the great grief and discomfort of all his majesties subjects in general , is an offence and misdemeanor of so high a nature , as may justly be called , and is by the said commons deemed to be an act of transcendent presumption , and of dangerous consequence . mr. wandesford deputed to enlarge and aggravate upon the thirteenth article , commended the charity and providence of that law , which makes it penal for unskilful empyricks , and all others , to exercise and practice physick upon common persons , without a lawful calling and approbation , branding them that thus transgress , as improbos , ambitiosos , temerarios , & audaces homines : but he that without skill and calling shall direct a medicine , which upon the same person had wrought bad effects , enough to have disswaded a second adventure ; and then when physitians were present , physitians selected for learning and art , prepared by their office and oaths , without their consent , nay , even contrary to their direction , and in a time unseasonable , he must needs ( said he ) be guilty , albeit towards a common person of a precipitate and unadvised rashness , much more towards his own soveraign . and so pious are our selves to put the subjects in minde of their duty towards their princes , persons so sacred , that in the attempt of a madman upon the king , his want of reason , which towards any of his fellow subjects might have quit him of felony , shall not excuse him of treason . and how wary and advised our ancestors have been not to apply things in this kinde to the person of a king , may appear by a president , hen . where iohn arundel , and others , the kings physitians and chirurgeons , thought it not safe for them to administer any thing to the kings person , without the assent of the privy council first obtained , and express licence under the great seal of england . this medicine found his majesty in the declination of his desease , ( and we all wish it had left him so ) but his better days were shortly turned into worse ; and instead of health and recovery , we hear by good testimony ( that which troubles the poor and loyal commons of england ) of great distempers , as droughts , raving , fainting , an intermitting pulse , strange effects to follow upon the applying of a treacle plaister . but the truth is , testimony tells us , that this plaister had a strange smell , and an invective quality striking the malignity of the disease inward ; which nature otherwise might have expelled outward . adde to this the drink twice given to his majesty , by the duke his own hands , and a third time refused , and the following complaint of that blessed prince , the physitians telling him , to please him for the time , that his second impairment was from cold taken , or some other ordinary cause : no , no , said his majesty , it is that which i had from buckingham . and though there be no president ( said he ) of an act offered to the person of a king , so insolent as this , yet is it true that divers persons , as great as this , have been questioned and condemned for less offences against the person of their soveraign . it was an article amongst others laid against the duke of somerset , for carrying edward the sixth away in the night time out of his own head but from hampton court to windsor ; and yet he was trusted with the protection of his person : presidents failing us in this point , the common law will supply us . the law judgeth a deed done in the execution of an unlawful act , man-slaughter , which otherwise would but have been chance-medley ; and that this act was unlawful , the house of commons do believe , as belonging to the duty and vocation of a sworn and experimented physitian , and not the unskilfulness of a yong lord. and so pretious are the lives of men in the eye of the law , that though mr. stanford saith , if a physitian take one into his cure , and he die under his hands ; it is not felony , because he did it not feloniously . yet it is mr. bractons opinion , that if one that is no physitian or chirurgeon undertake a cure , and the party die under his hands , this is felony . and the law goeth further , making physitians and chirurgeons themselves accomptable for the death of their patients , if it appear they have transgressed the rules of their own art ; that is , by undertaking a thing wherein they have no experience , or having yet failed in the care and diligence . lastly , he said he was commanded by the house of commons to desire their lordships , that seeing the duke hath made himself a president in committing that which former ages knew not , their lordships will out of their wisdom and justice make him an example for the time to come . the several articles being thus enlarged and aggravated by the said respective members , sir iohn elliot was appointed to make the epilogue to the impeachment , who spake thus . my lords , your lordships have heard in the labors of these two days spent in this service , a representation from the knights , citizens , and burgesses of the commons house of parliament , of their apprehension of the present evils , and dangers of this kingdom ; of the causes of the same ; and of the application of them to the duke of buckingham , so clearly and fully , as i presume your lordships expect i should rather conclude , then adde any thing to his charge . your lordships have heard how his ambition was expressed in procuring , and getting into his hands , the greatest offices of strength and power of this kingdom ; by what means he had attained them ; and how money stood for merit . there needs no argument to prove this but the common sense of the miseries and misfortunes which we suffer , adding but one , the regality of our narrow seas , the antient inheritance of our princes , lost or impeached . this i need not further to press , but from hence my observation must descend to his other virtues , and that by way of perspective : i shall give it so near and short , as rather to exercise your lordships memory , then to oppress your patience . first , i propose unto your lordships , the inward character of the dukes minde , which is full of collusion and deceipt , i can express it no better then by the beast called by the antients stellionatus ; a beast so blur'd , so spotted , so full of foul lines , that they knew not what to make of it : so do we finde in this mans practice , who first inveagled the merchants , drawing them to deep to be inchralled ; then dealt deceitfully with the king , to colour his offences , his design being against rochel , and the religion : next with the parliament , to disguise his actions , a practice no less dangerous and disadvantageous to us , then prejudicial to our friends and allies . next i present to your lordships , the dukes high oppression , and that of strange latitude and extent , not to men alone , but to laws and statutes , to acts of council , to pleas and decrees of court , to the pleasure of his majesty ; all must stoop to him , if they oppose or stand in his way . this hath been expressed unto you in the ship called the st. peter , and those of deep , nay , he draws on the colour of his majesties great name to shadow his design . it had been his duty , nay , the trust of his place , not to have translated them into the hands of strangers ; that had his majesty yeilded in that point , the duke should have opposed it by his continual prayers and intercessions , making known unto his majesty the inconveniencies likely to ensue , and not to rest there , but to have reported it to your lordships sitting in council , to have desired and prayed your aid and assistance , in a matter of so great importance : and if this had failed , he should have entered into a protestation against it . this hath been done by worthy predecessors in that office , and this had been the worthy discharge of the great trust reposed in his place . i heard the ships were returned , but i know it not ; but if i knew so , this neither excuseth , nor qualifieth the dukes offence . the french in this case are to be commended , not he excused ; he left them in the hands of a foreign power , who when they once had them , for any thing he knew , might easily have kept them . the third head is , the dukes extortion in exacting from the east-india company , without right or colour , ten thousand pounds , exquisitely expressed , and mathematically observed by the gentleman ( you know by whom employed ) who by his marine experience , learned this observation , that if the fleet gained not the wind by such time at the cape , the voyage was lost . here one of the lords interposing privately , it was the king that employed him ; sir iohn elliot in the name of the commons makes this protestation . far be it from them to lay any odium or aspersion on his majesties name , they hold his honor spotless , nor the least shadow of blemish can fix upon him in this business . next to foul extortion , is bribery and corruption in the sale of honor and offices of command . that which was wont to be the crown of vertue and merit , is now become a merchandise for the greatness of this man , and justice it self made a prey unto him . all which particulars your lordships have heard opened and enforced with reasons and proofs , what in themselves they are , and therefore i spare further to press them . in the fifth place , i observe a wonder in policy and in nature , how this man so notorious in evil , so dangerous to the state in his immense greatness , is able to subsist of himself , and keep a being ? to this i answer , that the duke hath used the help of art to prop him up : it was apparent , that by his skill he hath raised a party in the court , a party in the country , and a main party in the cheif places of government in the kingdom : so that all the most deserving offices that require abilities to discharge them , are fixed upon the duke , his allies , and kinred . and thus he hath drawn to him and his , the power of justice , the power of honor , and the power of command , and in effect the whole power of the kingdom , both for peace and war , to strengthen his allies ; and in setting up himself , hath set upon the kingdoms revenues , the fountain of supply , and the nerves of the land. he intercepts , consumes , and exhausts the revenues of the crown , not onely to satisfie his own lustful desires , but the luxury of others ; and by emptying the veins the blood should run in , he hath cast the body of the kingdom into a high consumption . infinite sums of money , and mass of land , exceeding the value of money , contributions in parliament have been heaped upon him , and how have they been employed ? upon costly furniture , sumptuous feasting , and magnificent building , the visible evidences of the express exhausting of the state ; and yet his ambition , which is boundless , resteth not here , but like a violent flame bursteth forth , and getteth further scope : not satisfied with injuries , and injustice , and dishonoring of religion , his attempts go higher , to the prejudice of his soveraign , which is plain in his practice . the effects i fear to speak , and fear to think , i end this passage as cicero did in a like case , ne gravioribus utar verbis quam rei natura fert , aut levioribus quam causae necessitas postulat . your lordships have an idea of the man , what he is in himself , what in his affections . you have seen his power , and some i fear have felt it ; you have known his practice , and have heard the effects . it rests then to be considered , what ( being such ) he is in reference to the king and state ? how compatible or incompatible with either ? in reference to the king , he may be stiled the canker in his treasure ; in reference to the state , the moth of all goodness . what future hopes are to be expected , your lordships may draw out of his actions and affections . i will now see by comparison with others , to what we may finde him likened . i can hardly finde him a match or parallel in all presidents ; none so like him as sejanus , who is thus described by tacitus , audax , sui obtegens , in alios criminator , juxta adulator & superbus . to say nothing of his veneries , if you please to compare them , you shall easily discern wherein they vary ; such boldness of the one hath lately been presented before you , as very seldom or never hath been seen . for his secret intentions and calumniations , i wish this parliament had not felt them , nor the other before . for his pride and flattery , it is noted of sejanus that he did clientes suos provinciis adornare . doth not this man the like ? ask england , scotland , and ireland , and they will tell you . sejanus pride was so excessive , as tacitus saith , he neglected all councel , mixed his businesses and service with the prince , seeming to confound their actions , and was often stiled imperatoris laborum socius . how lately , and how often hath this man commixed his actions in discourses with actions of the kings ? my lords , i have done , you see the man ; onely this which was conceived by the knights , citizens , and burgesses , should be boldly by me spoken , that by him came all these evils , in him we finde the cause , and on him we expect the remedies , and to this we met your lordships in conference ; to which , as your wisdom invites us , so we cannot doubt , but in your lordships wisdom , greatness , and power , we shall in due time finde judgment as he deserves . i conclude by presenting to your lordships , the particular censure of the bishop of ely , reported in the rich. . and to give you a short view of his faults . he was first of all noted to be luxurious ; secondly , he married his own kinred to personages of highest rank and places ; thirdly , no mans business was done without his help ; fourthly , he would not suffer the kings council to advise in matters of state ; fifthly , he grew to such a height of pride , that no man was thought worthy to speak unto him ; and lastly , his castles and forts of trust , he did obscuris & ignotis hominibus tradere ; his doom was this , per totam insulam publicè proclamatur , periat qui perdere cuncta festinat , opprimatur ne omnes opprimat . sir dudley diggs having made the prologu● , and sir iohn elliot the epilogue , in the impeachment of the duke , they were both by the kings command committed to the tower. upon the impeachment of the duke , a paper was privately conveyed to the king , importing , that this great opposition against the duke , was stirred up and maintained by such as seek the destruction of this free monarchy . because they finde it not yet ripe to attempt against the king himself , they endeavor it through the sides of the duke . the persons agreeing in this one mischeif , are of divers sorts and humors . first , medling and busie persons , who love popular speeches : secondly , govetous landlords , inclosers , depopulators , &c. who being of the parliament , ease themselves in subsidies , and lay it on the true commons , and cry out the grievances are caused by the duke . thirdly , recusants who hate the duke for the breach of the spanish match . fourthly , persons indebted , who by priviledge of parliament avoid payment . fifthly , puritans and sectaries , though two of them scarcely agree in what they would have : haters of government , and would have the kings power extinguished in matters ecclesiastical , and limited in civil . sixtly , male-contents , who look upon the duke with an evil eye , because themselves are not preferred . seventhly , lawyers , who are very fit in parliaments to second any complaint against ●oth church and king , and all his servants , with their customs , antiquities , records , statutes , presidents , and stories . eighthly , merchants and citizens , who deceive the king of custom . ninethly , innovators , plebicolae . that since the time of henry the sixth , these parliamentary discoursings might never be suffered , as being but certain symptomes of subsequent rebellions , civil wars , and the dethroning of our king , and no one patriot daring to oppose them , least he incur the reputation of a fool or coward in his countreys cause . his majesty therefore strengthned himself ever with some favorite , as whom he might better trust , then many of the nobility , tainted with this desire of oligarchy , it behoveth without doubt his majesty to uphold the duke against them , who if he be but decourted , it will be the corner stone , on which the demolishing of his monarchy will be builded : for if they prevail with this , they have hatched a thousand other demands to pull the feathers of royalty . they will appoint him counsellors , servants , alliances , limits of expences , and accompt of his revenue ; cheifly if they can , they will now dazle him in the beginning of his raign . lastly , king james and king charls are the dukes accusers , in all the aspersions that are laid upon him . king james for the money destined for the wars in his time , spent in treaties , &c. and his majesty can testifie for the things done in his time . and all these , though actions of the king , are imputed to the duke : who if he suffer for obeying his soveraign , the next attempt will be to call the king to accompt for any thing he undertakes , which doth not prosperously succeed , as all men would desire it . if it please his majesty to remove and set aside all these disadvantages , he shall find the charge against the duke very empty and of small moment : and if his majesty and the dukes grace think it no impeachment to their honors , all that the parliament hath objected against the duke , except two or three things that may receive an answer , is pardoned at the kings coronation , which benefit every poor subject enjoyeth . may . the king came to the parliament , and spake to the house of peers as followeth . my lords , the cause , and onely cause of my coming to you this day , is to express the sense i have of all your honors ; for he that toucheth any of you , toucheth me in a very great measure . i have thought fit to take order for the punishing some insolent speeches lately spoken . i have been too remiss heretofore in punishing such speeches as concern my self ; not that i was greedy of their monies , but that buckingham through his importunity would not suffer me to take notice of them , lest he might be thought to have set me on , and that he might come the forwarder to his trial. and to approve his innocencie as touching the matters against him , i my self can be a witness to clear him in every one of them . i speak not this to take any thing out of your hands ; but to shew the reason why i have not hitherto punished those insolent speeches against my self . and now i hope you will be as tender of my honor , when time shall serve , as i have been sensible of yours . and so his majesty was pleased to depart . the same day this following message was brought from the commons to the lords , by sir nathanael rich. the commons taking into serious consideration the many mischiefs and inconveniences which this renowned kingdom doth now suffer , threatening apparent danger to the king and common-wealth , have by search and disquisition into the causes thereof , found that they do principally flow from the exorbitant power and abusive carriage of the duke of buckingham , whereof he hath this parliament béen impeached before their lordships by the commons , besides an accusation of a péer in their own house , who hath charged him ( as they are informed ) of high treason : they therefore with one voice make an entire declaration , that they hold it a thing of dangerous consequence both for the present and future times , that a man of so great eminence , power and authority , being impeached and accused of such high crimes and offences , should yet enjoy his liberty , hold so great a part of the strength of the kingdom in his hands , sit as a peer in parliament , and be acquainted with the counsels thereof , whereby inevitable mischief may suddenly fall upon the kingdom . wherefore they have thought it their duty to recommend this their unanimous desire to their lordships , as agreeable to law and reason , that they would be pleased forthwith to commit the person of the said duke to safe custody . whereupon the duke made this speech in the lords house . my lords , if i should hold my peace , it would argue guilt ; if i should speak , it would argue boldness , being so foully accused . your lordships see what complaints are made against me by the house of commons . how well i stood in their opinions not long since , your lordships know it : what i have done since to lose their good opinions , i protest i know not . i cannot so distrust my own innocencie , and my heart which abhors guilt , as to decline any course , or court of justice : and had not they brought my cause to your lordships , it should have been my own work ; and they have done me a favor to deliver me out of their hands into your lordships . i will not speak any thing to cast dirt at those , who have taken pains to make me so foul ; but to protest my innocencie in that measure , which i shall ever hope to prove , it being before such just judges : i desire my trial may be hastened , that i may no longer suffer then i must needs . and now that my accuser hath not been content only to make my process , but to prescribe to your lordships the manner of your judgment , and to judge me before i am heard , i shall not give way to any of their unjust demands , &c. the commons upon the imprisonment of their members , and the offence taken by the king at the words spoken by those two gentlemen in impeaching the duke , resolved to proceed in no other business till they were righted in their liberties , and ordered that the house be turned into a grand committee presently to sit and consider of the best way and means to effect the same , and that no member be suffered to go forth . at which time sir dudley carlton observing that unusual , and as he termed it , sullen silence of the house , made this speech . i find by a great silence in this house , that it is a fit time to be heard , if you please to give me the patience . i may very fitly compare the heaviness of this house unto some of my misfortunes by sea in my travels : for as we were bound unto marseillis , by oversight of the mariners we mistook our course , and by ill fortune met with a sand ; that was no sooner overpast , but we fell on another ; and having escaped this likewise , we met with a third , and in that we stuck fast . all of the passengers being much dismaied by this disaster , as now we are here in this house for the loss of those two members : at last an old experienced mariner upon consultation affirmed , that the speediest way to come out from the sands , was to know how we came there ; so well looking and beholding the compass , he found by going in upon such a point we were brought into that streight ; wherefore we must take a new point to rectifie and bring us out of danger . this house of parliament may be compared to the ship ; the sands , to our messages ; and the commitment , to the sands that the ship did stick fast in ; and lastly the compass , to the table where the book of orders doth lie . then i beseech you , let us look into the book where the orders are , whether the gentlemen did go no further then the order did warrant them . if they did not , it is fit that we should defend them whom we imployed in our behests : but if they have exceeded their commission , and delivered that which they had not warrant for , it is just that we let them suffer for this presumption ; and this our course will bring us from these rocks . i beseech you gentlemen , move not his majesty with trenching upon his prerogatives , lest you bring him out of love with parliaments . you have heard his majesties often messages to you , to put you forward in a course that will be most convenient . in those messages he told you , that if there were not correspondencie between him and you , he should be inforced to use new counsels . now i pray you consider what these new counsels are , and may be : i fear to declare those that i conceive . in all christian kingdoms you know that parliaments were in use antiently , by which their kingdoms were governed in a most flourishing manner ; until the monarchs began to know their own strength , and seeing the turbulent spirit of their parliaments , at length they by little and little began to stand upon their prerogatives , and at last overthrew the parliaments throughout christendom , except here only with us . and indeed you would count it a great misery , if you knew the subject in foreign countries as well as my self ; to see them look not like our nation , with store of flesh on their backs , but like so many ghosts , and not men , being nothing but skin and bones , with some thin cover to their nakedness , and wearing only woodden shoos on their feet ; so that they cannot eat meat , or wear good clothes , but they must pay and be taxed unto the king for it . this is a misery beyond expression , and that which yet we are free from : let us be careful then to preserve the kings good opinion of parliaments , which bringeth this happiness to this nation , and makes us envied of all others , while there is this sweetness between his majesty and his commons ; lest we lose repute of a free-born nation , by our turbulencie in parliament . for in my opinion , the greatest and wisest part of a parliament are those that use the greatest silence , so as it be not opiniotory , or sullen , as now we are by the loss of these our members that are committed . this good correspondencie being kept between the king and his people , will so join their love and favor to his majesty with liking of parliaments , that his prerogative shall be preserved entire to himself without our trenching upon it ; and also the priviledge of the subject ( which is our happiness ) inviolated , and both be maintained to the support of each other . and i told you , if you would hear me patiently , i would tell you what exception his majesty doth take at those gentlemen that are committed . you know that eight members were chosen to deliver the charge against the duke , but there were only six imployed for that purpose ; insomuch that there was no exception . as for sir dudley diggs his part , that was the prologue , and in that his majesty doth conceive that he went too far beyond his commission , in pressing the death of his ever blessed father in these words , that he was commanded by the house , concerning the plaister applied to the king , that he did forbear to speak further in regard of the kings honor , or words to that effect ; this his majesty conceiveth to be to his dishonor , as if there had been any underhand dealing by his majesty , in applying of the plaister , and this may make his subjects jealous of his doings : in this point his majesty is assured , that the house did not warrant him . now for that which is excepted against sir iohn elliot , his over bitterness in the aggravation upon the whole charge , and specially upon some of the heads of it : for if you please to remember , when i moved for putting of the st peter of newhaven out of the charge against the duke of buckingham , and shewed my reasons for that purpose , you know how tender sir iohn elliot was of it , as if he had been a child of his own , and so carefull in the handling thereof by a stranger , that he would not suffer it to be touched , though with never so tender a hand , for fear it might prove a changeling : which did manifest , how specious soever his pretences were , that he had occulum in cauda : and i must confess , i was heartily sorry when he delivered his aggravation to the lords , to see his tartness against the duke ; when as he had occasion to name him , he onely gave him this title of this man , and the man ; whereas the other observed more respect and modesty in their charges against so great a person as the duke is , considering that then he was not convicted , but stood rectus in curia . lastly , for pressing the death of his late majesty , you know that the sense of the house concluded , that it is only an act of presumption ; nay , some of them expresly said , nay god forbid that i should lay the death of the king to his charge . if he without warrant from the house insisted upon the composition of the plaister , as if there were aliquid latet quod non patet ; this was beyond his commission from our house , and this is that which his majesty doth except against ; and this i say drew his majesty , with other insolent invectives , to use his regal authority in committing them to the tower. sir dudley diggs being charged for saying in the matter of applying the plaister to his late majesty , that he did forbear to speak further of that in regard of the kings honor , or words to that effect ; there passed a protestation of every man in particular for himself ; and it was ordered in the house , that they that were sick in the town , should have three of the house sent to them to take this protestation likewise . i protest before almighty god and this house of parliament , that never gave consent that sir dudley diggs should speak these words that he is now charged withall , or any words to that effect ; and i have not affirmed to any that he did speak such words , or any to that effect . within few dayes after sir dudley being released out of prison , came into the house , and made protestation concerning the passage whereat his majesty had taken offence , that speaking of the plaister applied to the body of the late king , he said , he would forbear to speak any further of it , in regard of the kings honor , he protested , that this was far from his words , and that it never came into his thoughts . and he gave the house great thanks for their respect unto him , and said , that he had received from his majesty a gracious testimony of his satisfaction . and the king himself signified to the house by the vice-chamberlain , that he understood out of some notes which were taken at the conference , that sir dudley diggs had spoken the words wherewith he was charged , but now was satisfied that he did not speak them , nor any words to such effect : nevertheless , the duke affirmed to the house of peers , that some words were spoken at this late conference by sir dudley diggs , which so far did trench upon the kings honor , that they are interpreted treasonable ; and that ( had he not been restrained by order of the house ) he would then have reprehended him for the same : he therefore earnestly desired , for that divers constructions have been made of those words , and for that they have been diversly reported , that every one of the said reporters would be pleased to produce their notes taken at the conference . this matter was much debated , and the house of peers often put into a committee , and reassumed again , but they came to no resolution therein . in fine , these lords following , ( to the number of thirty six ) made this voluntary protestation upon their honors ; that the said sir dudley diggs did not speak any thing at the said conference , which did or might trench on the kings honor ; and if he had , they would presently have reprehended him for it . the lord president affirmed , that he had reported the words in the same sence they were delivered unto him by the party himself , and though the connexion of them require to be explained , yet he agreed with the rest of the lords , for the parties good meaning , and made the same protestation . the lords who protested were these ; viz. the earl of mulgrave . earl of cleveland . earl of westmerland . earl of bullingbrook . earl of clare . earl of denbigh . earl of cambridge . earl of devon. earl of warwick . earl of northampton . earl of bridgewater . earl of montgomery . earl of nottingham . earl of lincoln . earl of essex . earl of her●ford . earl ef kent . earl of oxon. lord grey of warke . lord noell . lord montague . lord russel . lord north. lord cromwell . lord vaux . lord dudley . lord morley . lord piercy . lord bishop o● sarum . lord bishop of landaffe . lord bishop of chester . lord bishop of cov. and lich. lord bishop of worcester . lord bishop of norwich . lord vicount say and s. lord vicount rocheford . not long after sir iohn elliot also was released out of the tower , and sent for to come into the house . then the vice-chamberlain stood up , and by way of explanation of his former speech , said , that he intended not to charge him , but to give him an occasion to discharge himself . first , that all the others had used respective words in the conference ; but for the manner of his speech , he conceived it was too tart and harsh to the person of the duke ; and that in representing a character of his minde , by comparing him with a strange beast , he had out-gone his commission . secondly , that contrary to the sense of the house , as if they were ignorant of the return of the ships out of france , he said , they say they are come , but i know it not ; when the house knew it full well . that speaking of the duke , he said , that man , which phrase in all languages is accounted a great indignity to persons of honor : that he made scandalous comparisons between the duke and sejanus , and the bishop of ely , which was likewise besides his charge ; that he brake off ambiguously and abruptly with a sentence of cicero , as if something else might be which was not yet discovered . sir iohn elliot thanked the vice-chamberlain for dealing so plainly with him , and giving him occasion to clear himself : and to the particular charged against him , he answered , first , considering the dukes plurality of great and different offices , together with his deceit and fraud , in perswading the merchants to go to diep , there to entrap them ; in colouring the designs to the king , which he had plotted to serve against those of his religion ; in abusing the parliament at oxford , and disguising his purpose , as if the ships were to go to rochel . these particulars being so various , and of such a nature , he called by the name of stellionatus , from a beast discoloured , uncertain , and doubtfull , that they knew not by what name to call it , or by what colour to describe it ; and these he called a character of the minde , because they lie in the heart , and were deceits to abuse the king and parliament . secondly , as to his saying , he knew not the ships were come ; he answered , he did not know it then , and as yet he knew it not , though it was true that he had heard it . thirdly , he denied not , that speaking of the duke , he sometimes used this word , that man , though at other times he was not wanting to give him his due titles ; and said , that the latines , speaking of caesar , call him ille caesar , and that the same is usual in all languages ; nor did he think the duke to be a god. fourthly he con●●ssed , that he paralleled him with the bishop of ely and sejanus ; and though there were many particular censures of that bishop , yet he produced none but such as were within the compass of his charge ; nor did he apply the veneries and venefices of sejanus to the duke , but excluded them . lastly , touching the physick of the king , he said , he brake off so abruptly in aggravation of the dukes offence , who not content with the injury of justice , the wrong of honor , the prejudice of the state , nor that of the revenue , his attempts go higher , even to the person of the king , making on that his practice in such a manner , to such an effect , that he said , he feared to speak , nay , he doubted to think ; in which regard he left it , as cicero did another thing , ne gravioribus , &c. it was then resolved on the question , that sir iohn elliot hath not exceeded the commission given him in any thing that passed from him , in the late conference with the lords : the like for sir dudley diggs , both passed without a negative ; the like vote did pass for mr selden , mr herbert , mr glanvile , mr sherland , mr pym , and mr wandesford , who were also managers at that conference . the king in the time of this parliament had committed the earl of arundel to the tower , but the cause of his commitment was not expressed ; yet it was conceived to be about the marriage of the lord maltravers , the earls eldest son , to the young duke of lenox his sister , which was brought about by the contrivance of the countess of arundel and the old dutchess of lenox . the lords were highly discontented at his commitment in time of parliament ; concerning whose liberties and their own priviledges , they had presented several petitions to his majesty , but receiving no satisfactory answer thereto , agreed on this ensuing petition occasioned by the release of sir dudley diggs . may it please your majesty , the cause that moves us now to attend your majesty , ( as at first we did ) is because we observe that the house of commons have speedily received a member of theirs who was committed : we the peers , ambitious to deserve of your majesty , and to appear to the eye of the world as much respected in our rights and priviledges , as any peers or commons have ever been , acknowledging you a king of as much goodness as ever king was ; do now humbly beseech that the earl of arundel , a member of our house , may be restored to us ; it so much concerning us in point of priviledge , that we all suffer in what he suffers in this restraint . in march last when the earl of arundel was committed , the house of lords purposed to take the same into their considerations , and so to proceed therein , as to give no just cause of offence to his majesty , and yet preserve the priviledges of parliament . the lord keeper of the great-seal thereupon signified unto the house , that he was commanded to deliver this message from his majesty unto their lordships ; viz. that the earl of arundel was restrained for a misdemeanor which was personal to his majesty , and lay in the proper knowledge of his majesty , and had no relation to matters of parliament . whereupon the house was put into a committee ; and being resumed , the lords committees for priviledges , &c. were appointed to search for presidents concerning the commitment of a peer of this realm during the time of parliament ; and the lord chief justice , mr justice doderidge , and mr justice yelverton , were appointed to attend their lordships in that behalf . the day following the lord teasurer delivered another message from the king in haec verba . whereas upon a motion made by one of your lordships , the lord keeper did yesterday deliver a message from his majesty , that the earl of arundel was restrained for a misdemeanor which was personal to majesty , and lay in the proper knowledge of his majesty , and had no relation to matters of parliament : his majesty hath now commanded him to signifie to your lordships , that he doth avow the message in sort as it was delivered , to have been done punctually according to his majesties own direction , and he knoweth that he hath therein done justly , and not diminished the priviledges of that house . and because the committee appointed yesterday to search for presidents , &c. had not yet made any report to the house ; therefore the directions for this business were suspended for that time . not long after the earl of hertford made report to the house , that the lords committees for priviledges met on monday last ; the first question that arose amongst them was , whether those proxies were of any validity which are deputed to any peer , who sitteth not himself in parliament ? and it was conceived that those votes were lost : whereupon the committee found this house to be deprived of five suffrages by the absence of the earl of arundel , unto whom they were intrusted : and the committee finding by the journal book , that the sub-committee which was appointed to ●earch presidents for priviledges concerning the commitment of a peer in the time of parliament , had not yet made report to the house : and then considering together their notes of presidents whereof they had made search , found , that no one peer had been committed , the parliament fitting , without trial of judgement of the peers in parliament ; and that one only president of the bishop of winchester in the book-case , in the third year of edw. . which was here urged , cannot be proved to be in parliament time ; and this the lords of the grand-committee thought fit to offer to the consideration of the house . hereupon the house was moved to give power to the lords sub-committees for priviledges , &c. to proceed in the search of presidents of the commitment of a peer of this realm during the time of parliament ; and that the kings council might shew them such presidents as they have of the said commitment ; and that the said sub-committee may make the report unto the house at the next access . all which was granted and agreed unto , and these lords were called unto the said sub-committee ; viz. the lord treasurer . lord president . duke of buckingham . earl of dorset . earl of devon. the earl of clare . the vicount wallingford . vicount mansfield . lord north. and the kings council were appointed to attend the lords . the lord president reported the proceedings of the said sub-committees for priviledges , &c. upon commitment of the earl of arundel ; viz. that the kings council had searched and acquainted the lords sub-committees with all that they had found in records , chronicles , and stories , concerning this matter : unto which the said lords sub-committees had given full answer , and also shewed such presidents as did maintain their own rights . the presidents being read , ( which for the length we forbear to mention ) it was resolved upon the question by the whole house , nemine dissentiente , that the priviledge of this house is , that no lord of parliament , the parliament sitting , or within the usual times of priviledges of parliament , is to be imprisoned or restrained without sentence or decree of the house , unless it be for treason or felony , or refusing to give surety of the peace . and it was thereupon ordered , that the said lords sub-committees for priviledges , &c. or any five of them , shall meet this afternoon to consider of a remonstrance and petition of the peers concerning the claim of their priviledges from arrests and imprisonments during the parliament . which was conceived by the lords sub-committees for priviledges , according to the order of the house , and was read openly , viz. may it please your majesty , we the péers of this your realm assembled in parliament ●inding the earl of arundel absent from his place , that sometimes in this parliament sate amongst us , his presence was therefore called for : but thereupon a message was delivered unto us from your majesty by the lord kéeper , that the earl of arundel was restrained for a misdemeanor which was personal to your majesty , and had no relation to matters of parliament . this message occasioned us to enquire into the acts of our ancestors , and what in like cases they had done , that so we might not erre in any dutiful respect to your majesty , and yet preserve our right and priviledge of parliament . and after diligent search both of all stories , statutes and records that might inform us in this case , we find it to be an undoubted right and constant priviledge of parliament , that no lord of parliament , the parliament sitting , or within the usual times of priviledge of parliament , is to be imprisoned or restrained , without sentence or order of the house , unless it be for treason or felony , or for refusing to give surety for the peace . and to satisfie our selves the better , we have heard all that could be alleaged by your majesties council learned at the law , that might any way weaken or infringe this claim of the peers ; and to all that can be shewed or alleaged , so full satisfaction hath been given , as that all the peers of parliament upon the question made of this priviledge , have una voce consented , that this is the undoubted right of the peers , and hath unviolably been enjoyed by them . wherefore we your majesties loyal subjects and humble servants , the whole body of the peers now in parliament assembled , most humbly beseech your majesty , that the earl of arundel , a member of this body , may presently be admitted with your gracious favor to come , sit , and serve your majesty and the commonwealth in the great affairs of this parliament . and we shall pray , &c. this remonstrance and petition to this majesty was approved by the whole house , who agreed that it should be presented by the whole house to his majesty ; and it was further agreed , that the lord president , the lord steward , the earl of cambridge , and the lord great-chamberlain should presently go to the king to know his majesties pleasure when they shall attend him . these lords returning , the lord president reported , that his majesty had appointed that day , between two and three of the clock , for the whole house to attend him with the said remonstrance and petition in the chamber of presence at whitehall . and it was agreed , that the lord keeper should then read the same to the king , and present it unto his majesty . the twentieth of april , the lord president reported the kings answer unto the remonstrance and petition of the lords , to this effect : that their lordships having spent some time about this business , and it being of some consequence , his majesty should be thought rash if he should give a sudden answer thereto ; and therefore will advise of it , and give them a full answer in convenient time . the . of april . it was ordered , that the house should be called on monday next , being the . of april . which was done accordingly : and the earl of arundel being called , the lord keeper signified unto the house , that his majesty had taken into consideration the petition exhibited by their lordships the . of april concerning the earl of arundel , and will return an answer thereunto with all expedition . the . of may it was ordered , that the lord keeper should move his majesty from the house for a speedy and gracious answer unto the petition on the earl of arundels behalf . the . of may . the lord keeper signified unto their lordships , that according to the order of the . of may , he had moved his majesty from the house on the behalf of the earl of arundel : who answered , it is a cause wherein he hath had a great deal of care , and is willing to give their lordships satisfaction , and hath it in his consideration how to do it , and hath been interrupted by other business , wherein mr. attorney hath had occasion of much conference with him , ( as their lordships are acquainted : ) but will with all conveniencie give their lordships satisfaction , and return them an answer . the . of may , the house being moved to petition the king touching the earl of arundel , certain lords were appointed to set down the form of the said petition ; who reported the same in writing as followeth , viz. may it please your majesty , whereas the whole body of the peers now assembled in parliament , did the day of april exhibit to your majesty an humble remonstrance and petition concerning the priviledge of peers in parliament , and in particular touching the earl of arundel , whereupon we received a gracious answer , that in convenient time we should receive a fuller answer , which we have long and dutifully attended : and now at this time so great a business being in handling in the house , we are pressed by that business to be humble suitors to your majesty for a gracious and present answer . which being read , was approved of by the house , and the said committee appointed to present the same unto his majesty from the house , at such time as the lord chamberlain shall signifie unto them , that his majesty is pleased to admit them to his presence . the of may the lord president reported the kings answer to the said petition , that he did little look for such a message from the house ; that himself had been of the house , and did never know such a message from the one house unto the other : therefore when he received a message fit to come from them to their soveraign , they shall receive an answer . the lord president further reported , that the lords committees appointed to deliver the petition to the king , did thereupon withdraw , and required him humbly to desire his majesty to be pleased to let them know , unto what point of the said petition he takes this exception ; and that his majesty willed him to say this of himself ; viz. the exception the king taketh , is at the peremptoriness of the term , to have a present answer ; and the king wonders at their impatience , since he hath promised them an answer in convenient time . hereupon the house altered their former petition , leaving out the word present , and appointed the former committee humbly to deliver the same to his majesty . the of may the lord president reported the kings answer to the petition ; viz. it is true , the word ( present ) was somewhat strange to his majesty , because they did not use it from one house to another ; but now , that his majesty knows their meaning , they shall know this from him , that they shall have his answer so soon as conveniently he can ; and this his majesty will assure them , it shall be such an answer , as they shall see will not trench upon the priviledges of the house . the lords having agreed on another petition to the king , wherein they acknowledged him to be a prince of as much goodness as ever king was . the of may the lord chamberlain signified to their lordships , that his majesty being acquainted therewith , is pleased that this house attend him at two of the clock this day in the afternoon at whitehall . on which day the lords delivered the petition to his majesty ; who upon the may returned this answer . my lords , i see that in your petition you acknowledge me a king of as much goodness as ever king was ; for which i thank you , and i will endeavor , by the grace of god , never to deserve other : but in this i observe that you contradict your selves ; for if you believe me to be such , as you say i am , you have no reason to mistrust the sincerity of my promises : for , whereas upon often petitions made by you unto me concerning this business , i have promised to give you a full answer with all convenient speed ; by this again importuning of me you seem to mistrust my former promises : but it may be said there is an emergent cause , for that i have delivered a member of the lower-house ? in this , my lords , by your favour you are mistaken , for the causes do no way agree ; for that he that was committed of the house of commons was committed for words spoken before both houses , which being such as i had just cause to commit him ; yet because i found they might be words onely misplaced , and not ill meant , and were so conceived by many honest men , i was content upon his interpretation to release him , without any suit from the lower-house ; whereas my lord of arundel's fault was directly against my self , having no relation to the parliament ; yet because i see you are so impatient , i will make you a fuller answer then yet i have done , not doubting but that you will rest contented therewith . it is true , i committed him for a cause which most of you know , and though it had been no more , i had reason to do it ; yet , my lords , i assure you , that i have things of far greater importance to lay to his charge , which you must excuse me for , not no tell you at this time , because it is not yet ripe , and it would much prejudice my service to do it ; and this , by the word of a king , i do not speak out of a desire to delay you , but as soon as it is possible , you shall know the cause , which is such as i know you will not judge to be any breach of your priviledges : for , my lords , by this i do not mean to shew the power of a king , by diminishing your priviledges . this answer being read , it was ordered , that the committee for priviledges should meet , and consider how farther to proceed with dutifull respect to his majesty ; and yet so , as it may be for the preservation of the priviledges of the peers of this land , and the liberties of the house of parliament . the of may the lord president reported the petition agreed on by the lords committees for priviledges &c. to be presented to the king , which was in haec verba . may it please your most excellent majesty , whatever our care and desire is to preserve our right of péers , yet it is far from our thoughts either to distrust , or to press any thing that stands not with the affection and duty of most dutiful and loyal subjects : and therefore in all humility we cast our selves before your majesty , assuring our selves in the word of a king , that with all conveniencie possible your majesty will please either to restore the peer to his place in parliament , or express such a cause as may not infringe our priviledges . the petition was generally approved , and ordered to be presented to his majesty by the whole house ; and the earl of carlisle and the lord carlton to go presently to know the kings pleasure when they shall attend his majesty . who being returned , reported , that his majesty hath appointed that afternoon at two of the clock for the same . the . of may , the lord keeper delivered the kings answer unto the said petition , to be read in haec verba , viz. my lords , your often coming to me about this matter , made me somewhat doubt you did mistrust me : but now i see you rely wholly on me , i assure you it shall prevail more upon me then all importunities ; and if you had done this at first , i should have given you content . and now i assure you i will use all possible speed to give satisfaction , and at the furthest before the end of this session of parliament . this being read , the house was moved the second time , that all businesses might be laid aside , and that consideration might be had how their priviledges may be preserved unto posterity . and the house was put into a committee for the freer debate thereof , and afterwards resumed : and it was ordered , that the house be adjourned till to morrow , and all businesses to cease . the . of may , the lord keeper delivered this message from the king to the house of lords , viz. that his majesty hath willed him to signifie unto their lordships , that he doth marvel his meaning in his last answer should be mistaken : and for the better clearing of his intention , hath commanded him to signifie unto their lordships his further answer , which is , that their lordships last petition was so acceptable to his majesty , that his intent was then , and is still , to satisfie their lordships fully in what they then desired . whereupon it was ordered , that all businesses be adjourned till that day seven night . at the same time the duke of buckingham signified unto their lordships his desire to have the kings council allowed him to plead his cause : but the lords would not hear him , because they would entertain no business : and so the house was adjourned to the second of iune . at which time the house sitting again , the lord keeper delivered this message from the king to the house of lords , viz. his majesty hath commanded me to deliver unto your lordships a message touching the earl of arundel ; that his majesty hath thought of that business , and hath advised of his great and pressing affairs , which are such as make him unwilling to enter into dispute of things doubtful : and therefore to give you clear satisfaction touching that cause , whereby you may more cheerfully proceed in the business of the house , he hath endeavored as much as may be to ripen it , but cannot yet effect it ; but is resolved that at the furthest by wednesday sevennight , being the fourteenth of iune , he will either declare the cause , or admit him to the house . and addeth further upon the word of a king , that if it shall be sooner ripe , which he hath good cause to expect , he will declare it at the soonest . and further , that if the occasion doth enforce to stay to the time prefixed , yet he doth not purpose to set such a short end to the parliament , but that there shall be an ample and good space between that , and the end of the sessions , to dispatch affairs . this message being delivered , the house was adjourned ad libitum , and put into a committee ; and being resumed , it was agreed , that all businesses should cease , but this of the earl of arundel's concerning the priviledges of the house ; and the house to meet thereon to morrow morning , and to be put into a committee to consider thereof . and so the house was adjourned to the next day , then the lord keeper delivered this message from the king , viz. that in the matter concerning the earl of arundel , his majesty hath been very careful and desirous to avoid all jealousie of violating the priviledges of this house ; that he continueth still of the same mind , and doth much desire to find out some expedient which might satisfie their lordships in point of priviledge , and yet not hinder his majesties service in that particular . but because this will require some time , his majesty , though his great affairs are urgent and pressing , is unwilling to urge their lordships to go on therewith , till his majesty hath thought on the other : and therefore hath commanded him to signifie his pleasure , that his majesty is contented their lordships adjourn the house till thursday next ; and in the mean time his majesty will take this particular business into further consideration . hereupon the lords agreed , that the lord keeper do render unto his majesty from the house their humble thanks for his gracious respect unto their priviledges . then the lord keeper demanded of the lords , whether their lordships would adjourn the house till thursday next ? whereupon it was agreed by the lords , and the house was so adjourned . on thursday iune . the lord keeper delivered this message to the lords from his majesty , viz. that on saturday last his majesty sent word to the house , that by this day he would send them such an answer concerning the earl of arundel , as should satisfie them in point of priviledge . and therefore to take away all dispute , and that their priviledges may be in the same estate as they were when the parliament began , his majesty hath taken off the restraint of the said earl , whereby he hath liberty to come to the house . the earl of arundel being returned to the house , did render his humble thanks unto his majesty for this gracious favor towards him ; and gave their lordships also most hearty thanks for their often intercessions for him unto the king , and protested his loyalty and faithful service unto his majesty . much about this time , mr. moor a member of the house of commons , having spoken some words which seemed to reflect upon his majesty , they were reported to the house , viz. that he said , we were born free , and must continue free , if the king will keep his kingdom : adding these words , thanks be to god , we have no occasion to fear , having a just and pious king. the house for these words committed mr. moor to the tower of london ; and his majesty shortly after sent a message , that he had passed by his offence . whereupon he was released . while the duke stood charged in the parliament , the chancellorship of cambridge became void by the death of the lord howard earl of suffolk , who died on whitsonday the . of may . the university having understood by several hands , that it was the kings express will and pleasure that the duke should be chosen in his stead , were ambitious and forward to express their obedience to his majesty in that behalf ; well knowing , that in regard of their multitude , and worthy judgment and wisdom , that is esteemed and ought to be in those electors , this was one of the most honorable testimonies of worth and integrity that the nation can afford : and that whereas all other the dukes honors did but help the rather to sink him with their weight , this would seem to shoar and prop him up . letters were pretended to be sent from his majesty , to the intent to disencourage all opposers : but though the pretence of letters served mainly to effect their ends , yet the producing of them would have prejudiced the chief intendment of the election , namely the honor of the testimony in it ; which chiefly lying in the freedom of the votes , had by letters been cut off . many heads of houses bestirr'd themselves according to their several power and interest in their respective societies ; and trinity-colledge alone ( the master whereof was doctor maw , one of the kings chaplains ) supplied the duke with forty three votes , the third part of those which served the turn , for he had in all one hundred and eight . he was chosen the thursday following the death of his predecessor , namely the fourth day after the vacancie , notwithstanding fourteen days are allowed by the university-statute . his chief strength consisted in the doctors ( whereof seventeen were for him , and onely one against him ) and in the non-regents , who are masters of art of five years standing and upward : among the regents ( who are masters under five years ) thirty more were against him then for him , and four whole colledges were entire against the duke . for notwithstanding all the industry that could be imployed on his behalf , there was a party so diligent and resolute , that the same morning the choice was made , they jointly pitch'd upon the lord thomas howard , second son to the late deceased chancellor , and earl of berkshire ; though they had no head appearing for him , nor one man in the uniuersity that was known to have any reference to him , excepting one mr. granado chester , who was either his chaplain or otherwise interessed in him : and notwithstanding all disadvantages , they lost it for the said earl but by five voices ; for the duke had but one hundred and eight , and the earl had one hundred and three , besides that two of the dukes were void by statute , as being given to the vice-chancellor by compromise , to dispose of as he should think fit . the earl of berkshire being afterwards acquainted with the intentions of the university towards him , wrote this letter to mr. chester , a divine related to his lordship . mr. chester , the infinite obligation which i owe to the university of cambridge for the late most ample testimony of their great love and affection towards me , imboldens me to borrow your help to make known unto them my unfained thankfulness : wherein i confess that the love and favor which they have expressed unto me , joined with the fashion of it , doth far exceed the weak expression of so feeble a stile as mine is . for they have been pleased out of their abundant affection , to name me to one of the greatest honors of this kingdom , without any suit or means of mine , which was the chancellorship of the university : the voting whereof in this noble fashion , i account as much as could befall me ; and do receive it with as much thankfulness , as if i were in full possession of the place . i must therefore intreat you to disperse this my thankful acknowledgment to all my worthy friends there , who have so freely bestowed their voices , and unsought for favors upon me . and this labor i do the rather lay upon you , because , you know i put you to no making means for me ; which i should undoubtedly have done , if i had preconceived any intention of standing for this dignity , so often wedded by men of high places and noble families of this realm ; whereof my honored father deceased enjoyed the last testimony , and my uncle before him ; and not ceasing there , it was expressed unto me by an hereditary affection . thus much i pray you make known for me , with this further assurance , that as i had my first breeding , to my great honor , in cambridge , so i will live and die the true servant of the university , bershire . s. james , junii . the commons being informed of the aforesaid proceedings in cambridge , directed a letter to be written to that university to signifie the houses dislike thereof . whereupon the king signifieth to the house his pleasure by sir richard weston , that they forbear to send any such letter , for that the election had been made by the power of the charters according to the rules and liberties of the university ; and that if there have been any error in the form of the election , it belongeth unto his majesty to examine and reform it , and not unto the house . to which message the commons return this answer . that they do acknowledge they were about to write to the university , because that the very election it self , whereby the university is committed to the government of one that is charged , and publickly complained of by the commons in parliament , whereof the electors are a part , is in it self a very great grievance , and prejudicial in example ; whereof they have reason to be the more sensible , because they are informed , that in the manner of the election there were many passages likewise done in contempt of the house : and do humbly beseech his majesty to believe , that neither in this , nor any other thing , this house did or shall intend to enlarge their own power and jurisdiction , to the diminution of his majesties right or prerogative . whereunto his majesty replied by the said sir richard weston . his majesty saith , that cambridge and all corporations derive there right and priviledge from him ; and that he hath reason to esteem the universities above any other , and is resolved to defend them against any , which either wilfully , or by chance , shall go about to infringe their liberties . concerning the election it self , his majesty is far from conceiving it a grievance ; for he never heard that crimes objected , were to be taken as proved ; or , that a man should lose his fame or good opinion in the world , upon an accusation onely . but whereas you say in the manner of carriage of the election , there were many passages done in it to the contempt of the house . his majesty is well pleased , that you enquire and punish the offenders , if there be any that have mis-behaved themselves in that respect . but for the election it self , or the form of it , his majesty doth avow his first message . the duke returned this acknowledgment to the university . master vice-chancellor , and gentlemen of the university of cambridge , there is no one thing that concerneth me more near , then the good opinion of good and learned honest men : amongst which number , as you have ever held the first rank in the estimation of the common-wealth , and fame of the christian world ; so in conferring this honor of chancellorship upon me , i must confess you have satisfied a great ambition of mine , which i hope will never forsake me ; and that is , to be thought well of by men that deserve well , and men of your profession . yet i cannot attribute this honor to any desert in me , but to the respect you bear to the sacred memory of my master deceased , the king of schollars , who loved you , and honored you often with his presence , and to my gratious master now living ; who inherits with his blessed fathers vertues , the affection he bore to your university . i beseech you , as you have now made your choice with so many kinde and noble circumstances , as the manner is to me as acceptable and grateful as the matter ; so to assure your selves , that you have cast your votes upon your servant , who is as apprehensive of the time you have shewed your affection in , as of the honor you have given him . and i earnestly request you all , that you would be pleased , not to judge me comparatively by the success and happiness you have had in your former choice of chancellors ; who as they knew better perhaps by advantage of education in your university , how to value the deserts of men of your qualities and degrees , so could they not be more willing to cherish you then my self , who will make amends for my want of schollarship , in my love to the professors of it , and to the source from whence it cometh ; having now most just cause more cheifly to employ my utmost endeavors , with what favor i enjoy from a royal master , to the maintaining of the charters , priviledges , and immunities of your university in general , and to the advancing of the particular merits of the students therein . and since i am so far engaged to you , i will presume upon a further courtesie , which is , that you will be pleased to supply me with your advice , and suggest a way unto me ( as my self likewise shall not fail to think on some means ) how we may make posterity remember you had a thankful chancellor , and that both really loved you , and your university : which is a resolution writ in an honest heart , by him that wanteth much to express his affection to you , who will ever be your faithful friend and humble servant george buckingham . also the king was pleased to write to the university of cambridge , in approbation of the said election . trusty and well-beloved , we greet you well . whereas upon our pleasure , intimated unto you by the bishop of durham , for the choice of your chancellor , you have with much duty , as we expected , highly satisfied us in your election ; we cannot in our princely nature ( who are much possessed with this testimony of your ready , and loyal affections ) but for ever let you know , how much you are therein made partakers of our royal approbation . and as we shall ever conceive , that an honor done to a person we favor , is out of a loyal respect had unto our self : and as we shall ever justifie buckingham worthy of this your election , so shall you finde the fruits of it . for we that have found him a faithful servant to our dear father of blessed memory , and our self , cannot but undertake that he will prove such a one to you ; and will assist him with a gratious willingness in any thing that may concern the good of the university in general , or the particular merits of any students there . given under our signet at our pallace of westminster , the sixth of june , in the second year of our raign . iune . before the duke gave in his answer on that day unto the house of peers , to the impeachment of the house of commons , he made this ensuing speech . my lords , in a case of pressure considered by it self , i have a fair beginning , it is a due debt to your lordships for this honorable favor in leaving it to my choice , whether i would answer to the particulars in the aggravation , or not . i may without lessening my obligation say , the favor is greater at first , it may be yours , or your posterities hereafter . i have in a manner tied my self to my charge , hoping if i give your lordships satisfaction in that , the aggravations will fall of themselves . i could not well have followed the aggravations , being composed of words , which i hope my actions have not deserved ; and i am sure my ears have not been made acquainted with , without some distraction of spirit ; yet i have left nothing of them unanswered that is material . i have used as much speed to come to an answer , as conveniently i could , without prejudice of my cause , having my reputation too long upon the stage ; and had your lordships called for it sooner , i had been as ready as now i was desirous , to detain your lordships as little as may be ( with the expectation of my particular ) from weightier business . i was also grieved that my business should be a cause of the loss of this year from foreign attempts , and the hindrance of those resolutions that would have comforted our friends abroad , and secured our selves at home : but in this , my lords , i am sure you will easily acquit me in your thoughts . when i look upon my charge in general ( as they did ) without searching into the integrity of mine own heart and actions , which are yet unknown to most of them , i wonder not so much at their proceedings , the particulars not being voted against me , nor unanimously ; but had they taken the means to have been better and trulier informed of the particulars , or have given me cause to have informed them , i assure my self they had not troubled your lordships with this charge : but i confess there hath been that contestation in the house of commons concerning my justification , that i cannot but acknowledge much favor there from many . and if the actions of some others in that house , do not conclude me of a worse disposition then i shall hereafter be found , there is none but may say with me , i am at peace with all . i shall onely for the present , apply my self to the clearing of my reputation , and for the future , of those actions and endeavors which may repossess me of that i have counted one of my greatest losses , their good opinions . i would not speak nor profess this before your lordships , if reason and my own disposition did not warrant the performance of it . for first , who accused me ? common fame . who gave me up to your lordships ? the house of commons . the one is too subtile a body , if a body ; the other too great for me to contest with ; and i am confident , when my cause shall be tried , neither the one , or the other , or part of either , will be found to be my enemy . but as fame is subtle , so it is often and especially in accusations false ; therefore the house of commons have not wronged me : yet i am confident it will at length be found , that common fame hath abused both them and me . i presume the house of commons have proceeded against me out of an hearty and zealous affection , to do their king and country service , i hope out of christian charity to punish and amend my faults ( if fame could have proved them ) and not to envy my reputation , or destroy my fortune . i shall never call such proceedings wrong , if seeking to cure my errors , give me opportunity to clear and publish my innocency : for the state it self , i have little to say , it is but a little , i will not abuse your lordships patience . i was born and bred in it , i ow it my self ; i have been raised to honors and fortunes in it ( i freely confess ) beyond my merits ; what i wanted in sufficiency and experience for the service of it , i have endeavored to supply by care and industry . and could there be the least alienation hereafter in my heart from the service of the state , for any thing that hath past , i should be the ungratefullest man living ; should but such a thought stain my heart , i should be content it were let blood . if my posterity should not inherit the same fidelity , i should desire an inversion in the course of nature , and be glad to see them earthed before me . my answer to the several points in charge , i shall crave leave to deliver in brief , and in form of law , but as naked as truth loves to be ; and so i leave my self and my cause to your lordships justice . the humble answer and plea of george duke of buckingham , to the declaration and impeachment made against him , before your lordships , by the commons house of parliament . the said duke of buckingham being accused and sought to be impeached before your lordships , of the many misdemeanors , misprisions , offences , and crimes , wherewith he is charged by the commons house of parliament , and which are comprised in the articles preferred against him , and were aggravated by those , whose service was used by that house in the delivery of them , doth finde in himself an unexpressible pressure of deep and hearty sorrow , that so great and so worthy a body should have him suspected of those things which are objected against him ; whereas , had that honorable house first known the very truth of those particulars , whereof they had not there the means to be rightly informed ; he is well assured in their own true judgments , they would have forborn to have charged him therewith . the charge touching plurity of offices . to the first , which concerneth plurality of offices which he holdeth , he answereth thus , that it is true that he holdeth those several places and offices , which are enumerated in the preamble of his charge , whereof onely three are worthy the name of offices , viz. the admiralty , the wardenship of the cinque ports , and mastership of the horse ; the other are rather titulary and additions of honor. for these offices he humbly and freely ▪ acknowledgeth the bounty and goodness of his most gratious master who is with god ; who when he had cast an eye of favor upon him , and had taken him into a more near place of service about his royal person , was more willing to multiply his graces and favors upon him , then the duke was forward to ask them ; and for the most part ( as many honorable persons , and his now most excellent majesty , above all others , can best testifie ) did prevent the very desires of the duke in asking : and all these particular places , he can and doth truly affirm , his late majesty did bestow them of his own royal motion ( except the wardenship of the cinque ports onely ) and thereto also he gave his approbation and encouragement . and the duke denieth , that he obtained these places , either to satisfie his exorbitant ambition , or his own profit or advantage , as is objected against him : and he hopeth he shall give good satisfaction to the contrary in his particular answers ensuing , touching the manner of his obtaining the places of the admiralty , and the wardenship of the cinque ports , whereunto he humbly desireth to refer himself . and for the mastership of the horse to his majesty , he saith it is a meer domestick office of attendance upon the kings person , whereby he receiveth some profit ; yet but as a conveniency to render him more sit for his continual attendance ; and in that place , the times compared , he hath retrenched the kings annual charge to a considerable value , as shall be made apparent . and for the number of places he holdeth , he saith , that if the commonwealth doth not suffer thereby , he hopeth he may without blame , receive and retain that , which the liberal and bountiful hand of his master hath freely conferred upon him : and it is not without many presidents , both in antient and modern times , that one man eminent in the esteem of his soveraign , hath at one time held as great and as many offices : but when it shall be discerned , that he shall falsly or corruptly execute those places , or any of them , or that the publick shall suffer thereby ; he is so thankful for what he hath freely received , that whensoever his gratious master shall require it , without disputing with his soveraign , he will readily lay down at his royal feet , not onely his places and offices , but his whole fortunes and his life , to do him service . but the integrity of his own heart and conscience , being the most able and most impartial witnesses , not accusing him of the least thought of disloyalty to his soveraign , or to his country , doth raise his spirits again to make his just defence before your lordships , of whose wisdom , justice , and honor , he is so well assured , that he doth with confidence , and yet with all humbleness submit himself and his cause to your examinations and judgments , before whom he shall with all sincerity and clearness , unfold and lay open the secrets of his own actions , and of his heart ; and in his answer shall not affirm the least substantial , and as near as he can the least circumstantial point , which he doth not believe he shall clearly prove before your lordships . the charge consisteth of thirteen several articles , whereunto the duke , saving to himself the usual benefit of not being prejudiced by any words or want of form in his answer ; but that he may be admitted to make further explanation and proof , as there shall be occasion , and saving to him all priviledges and rights belonging to him , as one of the peers of the realm , doth make these several and distinct answers following , in the same order they are laid down unto him . for his buying of the admirals place , the said duke maketh this clear and true answer . that it is true , that in ianuary , in the sixteenth year of his late majesties raign , his late majesty did by his letters patents under the great seal of england , grant unto the duke the office of admiralty for his life ; which grant , as he well knoweth it , was made freely and without any contract or bargain with the late lord admiral , or any other ; and upon the voluntary surrender of that noble and wel-deserving lord , so he is advised it will appear to be free from any defect in law , by reason of the statute of edw. . mentioned in this article of his charge , or for any other cause whatsoever : for he saith the true manner of his obtaining this office , and of all the passages thereof , which he is ready to make good by proof , was thus , that honorable lord , the late earl of nottingham , the lord admiral , being grown much in years , and finding that he was not then so able to perform that which appertained to his place , as in former times he had done to his great honor ; and fearing lest his majesties service , and the commonwealth , might suffer by his defect , became an humble and earnest petitioner to his late majesty , to admit him to surrender his office. his late majesty was at the first unwilling unto it , out of his royal affection to his person , and true judgment of his worth : but the earl renewed his petitions , and in some of them nominated the duke to be his successor , without the dukes privity or fore-thought of it . and about that time , a gentleman of good place about the navy , and of long experience , of himself came to the duke , and earnestly moved him to undertake the place . the duke apprehending the weight of the place , and considering his yong years , and want of experience to manage so great a charge , gave no ear unto it ; but excused it not for form , but really and ingenuously out of the apprehension of his then unfitness for it . this gentleman not thus satisfied , without the duke , applied himself to the late king , and moved his majesty therein , and offered reasons for it , that the duke was the fittest man at that time , and as the state of the navy then stood , for that place ; for , he said , it was then a time of peace . that the best service that could be done for the present , was to repair the navy and ships royal , which then were much in decay , and to retrench the kings charge , and to employ it effectually ; and that before there was like to be personal use of service otherwise ▪ the duke being yong and active , might gain experience , and make himself as fit as any other ; and that in the mean time , none was so fit as himself , having the opportunity of his majesties favor and means to his person , to procure a constant assignment and payment of moneys for the navy ; the want whereof , was the greatest cause of the former defects . these reasons perswaded his late majesty , and upon his majesties own motion , perswaded the duke to take the charge upon him : and thereupon the earl voluntarily , freely , and willingly , and upon his own earnest and often suit , surrendred the place without any president ▪ contract , or promise whatsoever ; which might render the duke in the least degree subject to the danger of the law ( which was not then so much as once thought upon ) and upon that surrender , the grant was made to the duke . but it is true , that his majesty out of his royal bounty , for recompence of the long and faithful service of the said earl , and for an honorable memory of his deserts to him , and the crown of england , did grant him a pension of one thousand pounds per annum for his life ; which in all ages hath been the royal way of princes , wherewith to reward antient and well-deserving servants in their elder years ; when without their own faults they are become less serviceable to the state : and the duke also voluntarily and freely , and as an argument of his noble respect towards so honorable a predecessor , whom to his death he called father ; whose estate ●s he then understood , with his late majesties privity and approbation , did send him three thousand pounds in money ; which he hopeth no person of worth and honor will esteem to be an act worthy of blame in him . and when the duke had thus obtained this place of great trust , he was so careful of his duty , that he would not relie upon his judgment or ability , but of himself humbly besought his then majesty to settle a commission of fit and able persons for the affairs of the navy ; by whose council and assistance , he might manage that weighty business with the best advantage for his majesties service ; which commission was granted , and yet continueth , and without the advice of those commissioners , he hath never done any thing of moment ; and by their advice and industry he hath thus husbanded the kings money , and furthered the service , that where before the ordinary charge of the navy was fifty four thousand pounds per annum , and yet the ships were very much decayed , and their provisions neglected , the charge was returned to thirty thousand pounds per annum , and with that charge , the ships all repaired and made serviceable , and two new ships builded yearly ; and for the two last years , when there were no new ships built , the ordinary charge was reduced to twenty one thousand six hundred pounds per annum . and now he dare boldly affirm , that his majesties navy is in better state by much , then ever it was in any precedent time whatsoever . for his buying the wardenship of the cinque ports , he maketh this plain , ingenuous and true answer . that in december , in the two and twentieth year of his late majesties raign , he obtained the office of lord warden of the cinque ports , and constable of the castle of dover , ( being one entire office ) upon the surrender of the lord zouch , then lord warden . the manner of obtaining whereof , was thus , the lord zouch being grown in years , and with his almost continual lameness being grown less fit for that place , he discovered a willingness to leave it , and made several offers thereof to the duke of richmond , and richard earl of dorset , deceased ; but he was not willing to part with it without recompence . notice whereof coming to the duke , by an offer made from the lord zouch , he finding by experience how much , and how many ways both the kings service might , and many times did suffer ; and how many inconveniences did arise to the kings subjects in their goods , ships , and lives , by the intermixture of the jurisdictions of the admiralty and wardenship of the cinque ports , by the emulation , disaffection , and contention of their officers , as clearly appear by these particulars , amongst many others which may be instanced . . where the admiral-jurisdiction extends generally to all the narrow seas ; the warden of the cinque ports hath and exerciseth admiral-jurisdiction on all the sea coasts , from show-beacon in essex , to the red noor in sussex ; and within those limits there have been continual differences between the lord admiral , and the lord warden , whether the lord wardens jurisdiction extends into the main sea , or onely as far as the low water mark , and so much further into the sea , as a man on horsback can reach with a launce , which occasioneth questions between those cheif officers themselves . . there are many and continual differences in executing of warrants against offenders ; the officers of the one , refusing to obey or assist the authority of the other ; whereby the offenders protected or countenanced by either , easily escapeth . . merchants and owners of goods questioned in the admiralty , are often enforced to sue in both courts , and often enforced for their peace to compound with both officers . . the kings service is much hindred for the most usual and ordinary rendevouz of the kings ships , being at the downs , and that being within the jurisdiction of the lord warden , the lord admiral or captains of the kings ships , have no power or warrant to press men from the shore , if the kings ships be in distress . . when the kings ships , or others , be in danger on the goodwins , and other places within the view of the portsmen , they have refused to help with their boats , lest the kings ships should command them on board , whereby many ships have perished , and much goods have been lost . . when warrants come to press a ship at road for the kings service , the officers take occasion to disobey the warrants , and prejudice the kings service . for if the warrant come from the lord warden , they will pretend the ship to be out of their jurisdiction ; if the warrant come from the lord admiral , they will pretend it to be within the jurisdiction of the cinque ports : and so whilst the officers dispute , the opportunity of the service is lost . . when the kings ships lie near the ports , and the men come on shore , the officers refuse to assist the captains to reduce them to the ships without the lord wardens warrant . . if the kings ships , on the sudden , have any need of pilots for the sands coasts of flanders , or the like , wherein the portsmen are best experienced , they will not serve without the lord wardens , or his lieutenants warrant , who perhaps are not near the place . . when for great occasions for the service of the state , the lord admiral and lord warden must both joyn their authority ; if the officers for want of true understanding of their several limits and jurisdictions , mistake their warrants , the service which many times can endure no delay , is lost , or not so effectually performed . for these and many other reasons of the like kinde , the duke not being led , either with ambition or hope of profit as hath been objected ( for it could be no encrease of honor to him , having been honored before with a greater place ; nor of profit , for it hath not yielded him in any matter any profit at all , nor is like to yield him above three hundred pounds per annum at any time ) but out of his desire to make himself the more able to do the king and kingdom service , and prevent all differences and difficulties which heretofore had , or hereafter might hinder the same ; he did entertain that motion , and doth confess , that not knowing , or so much as thinking of the said act of parliament before mentioned , he did agree to give the said lord one thousand pounds in money , and five hundred pounds per annum , in respect of his surrender , he not being willing to leave his place without such consideration , nor the duke willing to have it without his full satisfaction ; and the occasion why the duke of buckingham gave that consideration to the lord zouch , was , because the duke of richmond in his life time had first agreed to give the same consideration for it ; and if he had lived , he had had that place upon the same terms : and when the said duke of richmond was dead , his late majesty directed the duke of buckingham to go thorow for that place , and for the reasons before-mentioned , to put both these offices together , and to give the same consideration to the said lord , which the duke of richmond should have given , and his late majesty said he would repay the money . and how far this act of his , in acquiring this office , accompanied with these circumstances , may be within the danger of the law , the king being privy to all the passages of it , and encouraging and directing it , he humbly submitteth to your judgement ; and he humbly leaves it to your lordships judgments , in what third way an antient servant to the crown , by age or infirmity , disabled to perform his service , can in an honorable course relinquish his place ; for if the king himself give the reward , it may be said it is a charge to the crown ; if the succeeding officer give the recompence , it may thus be objected to be within the danger of the law : and howsoever it be , yet he hopeth it shall not be held in him a crime , when his intentions were just and honorable , and for the furtherance of the kings service ; neither is it without president , that in former times of great employment , both these offices were put into one hand by several grants . to this article , whereby the not guarding of the narrow seas in these last two years by the duke , according to the trust and duty of an admiral , is laid to his charge ; whereof the consequence , supposed to have been meerly through his default , are the ignominious infesting of the coasts with pirats and enemies , the endangering of the dominion of these seas , the extream loss of the merchants , and the decay of the trade and strength of the kingdom : the duke maketh this answer , that he doubteth not but he shall make it appear to the good satisfaction of your lordships , that albeit there hath hapned much loss to the kings subjects within the said time of two years by pirats and enemies , yet that hath not hapned by the neglect of the duke , or want of care and diligence in his place : for whereas in former times the ordinary guard allowed for the narrow seas hath been but four ships , the duke hath since hostility begun and before procured their number to be much increased ; for since iune , . there hath never been fewer then five of the kings ships , and ordinarily six , besides pinnaces , merchants ships , and drumblers ; and since open hostility , eight of the kings ships , besides merchants of greater number and pinnaces and drumblers ; and all these well furnished and manned , sufficiently instructed and authorised for the service . he saith , he hath from time to time , upon all occasions acquainted his majesty , and the council-bord therewith , and craved their advice , and used the assistance of the commissioners for the navy in this service ; and for the dunkirkers who have of late more infested these coasts then in former years , he saith , there was that providence used for the repressing of them , that his majesties ships , and the hollanders joyning together , the port of dunkirk was blocked up , and so should have continued , had not a sudden storm dispersed them , which being the immediate hand of god , could not by any pollicy of man be prevented ; at which time , they took the opportunity to rove abroad , but it hath been so far from endangering the dominion of the narrow seas thereby , as is suggested , that his majesties ships or men of war , were never yet mastered , nor encountred by them , nor will they endure the sight of any of our ships ; and when the duke himself was in person , the dunkirkers run into their harbors . but here is a necessity , that according to the fortune of wars , interchangeable losses will happen ; yet hitherto notwithstanding their more then wonted insolency , the loss of the enemies part hath been as much , if not more then what hath hapned to us ; and that loss that hath faln , hath cheifly come by this means , that the dunkirkers ships being of late years exercised in continual hostility with the hollanders , are built of a mold as fit for flight as for fight ; and so they pilfer upon our coasts , and creep to the shore , and escape from the kings ships : but to prevent that inconvenience for the time to come , there is already order taken for the building some ships , which shall be of the like mold , light and quick of sail , to meet with the adverse party in their own way . and for the pirates of sallie , and those parts , he saith , it is but very lately that they found the way into our coasts , where , by surprise , they might easily do hurt ; but there hath been that provision taken by his majesty , not without the care of the duke , both by force and treaty to repress them for the time to come , as will give good satisfaction . all which he is assured will clearly appear upon proof . to this article the duke maketh this answer , that about september last , this ship called the st. peter ( amongst divers others ) was seised on as lawful prize by his majesties ships , and brought into plimouth , as ships laden by the subjects of the king of spain ; in the end of october , or beginning of november , they were all brought to the tower of london , all of them were there unladen ; but the peter and the bulk of her goods was not stirred , because they were challenged by the subjects of the french king ; and there did not then appear so much proof against her , and the goods in her , as against the rest . about the middle of november , allegations were generally put in against them all in the admiralty court , to justifie the seisure , and all the pretendants were called in upon these proceedings , divers of the ships and goods were condemned , and divers were released in a legal course ; and others of them were in suspence till full proof made . the eight and twentieth day of december , complaint was made on the behalf of some frenchmen at the council-board concerning this ship and others , when the king by advice of his council ( his majesty being present in person ) did order that the ship of newhaven called the peter , and the goods in her , and all such other goods of the other prizes , as should be found to appertain to his majesties own subjects , or to the subjects of his good brother the french king , or the states of the united provinces , or any other princes or states in friendship or alliance with his majesty , should be delivered : but this was not absolute , as is supposed by the charge , but was thus qualified , so as they were not fraudulently coloured , and it was referred to a judicial proceeding . according to this just and honorable direction , the kings advocate proceeded upon the general allegations formerly put in the of ianuary , after there was a sentence in the admiralty , that the peter should be discharged , and the kings advocate not having then any knowledge of further proof , consented to it . but this was not a definitive sentence , but a sentence interlocutory , as it is termed in that court. within few days after , this ship prepared her self to be gone , and was falling down the river , then came new intelligence to the lord admiral , by the lieutenant of the tower , that all those ships were laden by the subjects of the king of spain ; that the amirantasco wasted them beyond the north cape ; that they were but coloured by frenchmen ; that there were witnesses ready to make good this new allegation ; neither was it improbable to be so , for part of the goods in that ship have been confessed to be lawful prize . this ship being now falling down the river , and being a ship of the most value of all the rest , the duke acquainted the king therewith , and by his commandment made stay of the ship , lest otherwise it would be too late , which the duke in the duty of his place of admiral , as he believeth , ought to have done without such command : and if he had not done so , he might worthily have been blamed for his negligence , and then instantly he sent for the judge of the admiralty to be informed from him how far the sentence already past did binde , and whether it might stand with justice to make stay of her again , she being once discharged in such manner as before : the judge answered , as he was advised , that it might justly be done upon better proofs appearing ; yet discreetly in a matter of that moment , he took time to give a resolute answer , that in the interim he might review the acts which had passed : the next day , or very shortly after , the judge came again to the duke , and upon advice answered resolutely , that the ship and the goods might justly be stayed , if the proofs fell out to be answerable to the information given ; whereof he said he could not judge , till he had seen the depositions . and according to this resolution of the judge , did five other learned advocates , besides the kings advocate , concur in opinion , being intreated by the duke to advise thereof ; so cautious was the duke , not to do any unjust act . then he acquainted the king again therewith , and his majesty commanded him to reseize this ship , and to proceed judicially to the proofs ; and the duke often required the kings advocate to hasten the examination of the witnesses , and many witnesses were produced and examined , in pursuance of this new information . but the french merchants impatient of any delay , complained again to the council-board , where it was ordered not barely , that the ship and goods should be presently delivered , but should be delivered upon security ; and upon security she had been then delivered , if it had been given , and security was once offered , but afterwards retracted : and when all the witnesses produced , were examined and published , the kings advocate having duly considered of them , forthwith acquainted the duke that the proofs came too short for the peter ; and thereupon the duke instantly gave order for her final discharge , and she was discharged by order of court accordingly . by which true narration of the fact , and all the proceedings , the duke hopeth it will sufficiently appear , that he hath not done any thing herein , on his part , which was not justifiable , and grounded upon deliberate and well-advised councils and warrant . but for the doing of this to his own lucre and advantage , he utterly denieth it ; for he saith , that there was nothing removed out of the ship , but some moneys , and some small boxes of stones of very mean value , and other small portable things lying above the deck , easily to be imbezilled : and whatsoever was taken out of the ship , was first publickly shewed to his majesty himself , and then committed to the custody of gabriel marsh , in the article mentioned , by inventory , then and still marshal of the admiralty , by him to be safely kept ; whereof the money was employed for the kings immediate service , and by his direction , and the rest was left in safe keeping , and are all since delivered and reimbursed to the owners , or pretended owners thereof , and not a penny profit thereof , or thereby , hath come to the duke himself , as shall be made good by proof . and whereas the suggestion hath been made , that this accident was the cause of the imbargo of the ships and goods of our merchants trading in france , he saith , that is utterly mistaken , for divers of their goods were imbarged before this hapned ; and if in truth , the french had therein received that as either they pretend or is pretended for them ; yet the imbarguing of the goods of the english upon that occasion , was utterly illegal and unwarrantable : for by the mutual articles between the two kings , they ought not to have righted themselves before legal complaint , and a denial on our part , and then by way of reprisal , and not by imbargo . so that the duke doth humbly leave it to the consideration of your lordships , whether the harm which hath hapned to our merchants , hath not been more occasioned by the unseasonable justifying of the actions of the french , which animated them to increase their injuries , then by any act either of the duke , or any other . to this article , which consisteth of two main points , the one of the extorting ten thousand pounds unjustly , and without right from the east-india company ; the other , admitting the duke had a right as lord admiral , the compassing it by undue ways , and abusing the parliament , to work his private ends , the duke giveth this answer , wherein a plain narration of the fact , he hopeth , will clear the matters objected ; and in this he shall lay down no more then will fully appear upon proof . about the end of michaelmas term , . the duke had information given him by a principal member of their own company , that the company had made a great advantage to themselves in the seas of east-india , and other parts of asia and africa , by rich prizes gotten there forcibly from the portugals , and others ; and a large part thereof was due to his majesty , and to the duke as admiral by the law ; for which , neither of them had any satisfaction . whereupon directions were given for a legal prosecution in the court of admiralty , and to proceed in such matter as should be held fittest by the advice of council . in the moneths of december and ianuary , in that year divers witnesses were examined in the admiralty according to the ordinary course of that court , to instruct and furnish informative processes in this behalf . after the tenth of march , . an action was commenced in the court in the joynt names of his majesty , and the admiral , grounded upon the former proceeding ; this was prosecuted by the kings advocate , and the demand at first was fifteen thousand pounds . the action being thus framed in both their names , by advice of council , because it was doubtful in the judgment of the council , whether it did more properly belong to the one , or to the other , or to both ; and the form of entring that action being most usual in that court , on the eight and twentieth of april , . the judicial agreement and sentence passed thereupon in the admiralty court , wherein the companies consent , and their own offer , plainly appeareth ; so that for the second part of the right , it were very hard to conclude that the duke had no right , contrary to the companies own consent , and the sentence of the court , grounded on their agreement , unless it shall fully appear , that the company was by strong hand inforced thereto , and so the money extorted . therefore to clear that scruple , that as the matter of the suit was just , or at least so probable as the company willingly desired it for their peace , so the manner was as just and honorable ; your lordships are humbly entreated to observe these few true circumstances . the suit in the admiralty begun divers moneths before the first mention of it in parliament ; and some moneths before the beginning of it in that parliament , it was prosecuted in a legal course , and upon such grounds as will yet be maintained to be just . the composition made by the company , was not moved by the duke , but his late majesty on the behalf of himself , and of the duke , treated with divers members of the company about it , and the duke himself treated not at all with them . the company without any compulsion at all agreed to the composition , not that they were willing to give so much , if they might have escaped for nothing , but that they were willing to give so much , rather then to hazard the success of the suit : and upon this composition concluded by his majesty , the company desired and obtained a pardon for all that was objected against them . the motion in parliament about the stay of the companies ships then ready prepared and furnished , was not out of any respect to draw them the rather to give the composition , but really out of an apprehension , that there might be need of their strength for the defence of the realm at home ; and if so , then all private respects must give way to the publick interest . these ships upon the importunity of the merchants , and reasons given by them , were suffered nevertheless to fall down to tilbury , by his late majesties direction to speed their voyage the better , whilst they might be accommodated for this voyage , without prejudice to the publick safety , they were discharged when there was an accommodation propounded and allowed , which was , that they should forthwith prepare other ships for the home service , whilst those went over with their voyage , which they accordingly did . that the motion made in the commons house , was without the dukes knowledge or privity . that when there was a rumor , that the duke had drawn on the composition by staying of the ships which were then gone , the duke was so much offended thereat , that he would have had the former communication to have broken off , and have proceeded in a legal course , and he sent to the company to that purpose ; but the company gave him satisfaction , that they had raised no such rumor , nor would , nor could avow any such thing , and entreated him to rest satisfied with their publick acts to the contrary . that after this , their ships being gone , themselves careful of their future security , solicited the dispatch of the composition , consulted with councel upon the instruments which passed about it , and were at the charge thereof , and the money was paid long after the sentence , and the sentence given after the ships were gone , and no security given at all for the money , but the sentence ; and when this mony was paid to the duke , the whole sum ( but two hundred pounds thereof onely ) was borrowed by the king , and employed by his own officers , for the service of the navy . if these things do upon proof appear to your lordships , as is assured they will , he humbly submitteth it to your judgments , how far verbal affirmations or informations extrajudicial , shall move your judgments , when judicial acts , and those things which were acted and executed , prove the contrary ? to this article , which is so mixt with actions of great princes , as that he dareth not in his duty publish every passage thereof , he cannot for the present make so particular an answer as he may , hath , and will do , to the rest of his charge . but he giveth this general answer , the truth whereof he humbly prayeth may rather appear to your lordships by the proofs , then by any discourse of his ; which in reason of state , will happily be conceived fit to be more privately handled . that these ships were lent to the french king at first , without the dukes privitie : that when he knew it , he did that which belonged to an admiral of england , and a true english man : and he doth deny , that by menace , or compulsion , or any other indirect , or undue practice , or means , he by himself , or by any others , did deliver those ships , or any of them , into the hands of the french , as is objected against him : that the error which did happen , by what direction soever it were , was not in the intention any ways injurious , or dishonorable , or dangerous to this state , or prejudicial to any private man , interested in any of those ships ; nor could have given any such offence at all , if those promises had been observed by others , which were professed and really performed by his majesty and his subjects on their parts . to this article wherewith he is taxed to have practised for the employment of the ships against rochel , he answereth . that he was so far from practising or consenting that the said ships should so be employed , that he shall make it clearly to appear , that when it was discovered , that they would be employed against those of the religion , the protestation of the french king being otherwise , and their pretence being , that there was a peace concluded with those of the religion , and that the french king would use those ships against genoa , which had been an action of no ill consequence to the affairs of christendom : the duke did by all fit and honorable means , endeavor to divert that course of their employment against rochel . and he doth truly and boldly affirm , that his endeavors under the royal care of his most excellent majesty , hath been a great part of the means to preserve the town of rochel , as the proofs , when they shall be produced , will make appear . and when his majesty did finde that beyond his intention , and contrary to the faithful promises of the french , they were so misemployed , he found himself bound in honor to intercede with the most christian king , his good brother , for the peace of that town , and of the religion , lest his majesties honor might otherwise suffer : which intercession his majesty did so sedulously , and so successfully pursue , that the town and the religion there , do and will acknowledge the fruits thereof . and whereas it is further objected against him , that when in so unfaithful a manner he had delivered those ships into the power of a foreign state , to the danger of the religion , and scandal and dishonor of our nation , which he utterly denieth to be so : that to mask his ill intentions , in cunning and cautelous manner , he abused the parliament at oxford , in affirming before the committees of both houses , that the said ships were not , nor should be so used or employed ; he saith , ( under the favor of those who so understood his words , ) that he did not then use those words which are expressed in the charge to have been spoken by him , but there being then a jealousie of the mis-employing of those ships , the duke having no knowledge thereof , and knowing well what the promises of the french king were , but was not then seasonable to be published ; he hoping they would not have varied from what was promised , did say , that the event would shew it was no undertaking for them , but a declaration of that in general terms which should really have been performed , and which his majesty had just cause to expect from them . that the duke did compel the lord r. to buy his title of honor , he utterly denieth ; and he is very confident , that the lord r. himself will not affirm it , or any thing tending that way : neither can he , nor any man else truly say so , but the said duke is able to prove , that the lord r. was before willing to have given a much greater sum , but could not then obtain it ; and he did now obtain it by solicitation of his own agents . for the selling of places of judicature by the duke , which are specially instanced in the charge , he answereth , that he received not , or had a penny of either of those sums to his own use ; but the truth is , the lord m. was made lord treasurer by his late majesty without contracting for any thing for it ; and after that he had the office conferred upon him , his late majesty moved him to lend him twenty thousand pounds upon promise of repayment at the end of a year ; the lord m. yielded to it , so as he might have the dukes word that it should be repayed unto him accordingly : the duke gave his word for it ; the lord m. relied upon it , and delivered the said sum to the hands of mr. porter then attending upon the duke , by the late kings appointment , to be disposed as his majesty should direct . and according to the kings direction , that very money was fully paid out to others , and the duke neither had , nor disposed of a penny thereof to his own use , as is suggested against him . and afterwards when the lord m. left that place , and his money was not repayed unto him , he urged the duke upon his promise ; whereupon the duke being jealous of his honor , and to keep his word , not having money to pay him , he assured lands of his own to the lord m. for his security . but when the duke was in spain , the lord m. obtained a promise from his late majesty of some lands in fee-farm , to such a value , as he accepted of the same in satisfaction of the said money , which were afterwards passed unto him ; and at the dukes return , the lord m. delivered back unto him the security of the dukes lands which had been given unto him as aforesaid . and for the six thousand pounds supposed to have been received by the duke , for procuring to the earl of m. the mastership of the wards , he utterly denieth it ; but afterwards he heard that the earl of m. did disburse six thousand pounds about that time ; and his late majesty bestowed the same upon sir henry mildmay , his servant , without the dukes privity , and he had it and enjoyed it , and no penny thereof came to the said duke , or to his use . to this article the duke answereth , that it is true that his late majesty out of his royal favor unto him , having honored the duke himself with many titles and dignities of his bounty ; and as a greater argument of his princely grace , did also think fit to honor those who were in equal degree of blood with him , and also to ennoble their mother who was the stock that bare them : the title of the countess of buckingham bestowed upon the mother , was not without president ; and she hath nothing from the crown but a title of honor which dieth with her . the titles bestowed on the viscount p. the dukes elder brother , were conferred on him , who was a servant of the bed-chamber to his now majesty , then prince , by his highness means ; the earl of a. was of his late majesties bed-chamber , and the honors and lands conferred on him , was done when the duke was in spain . the earl of d. hath the honors mentioned in the charge , but he hath not a foot of land which came from the crown , or the kings grant. but if it were true , that the duke had procured honors for those who are so near and so dear unto him ; the law of nature , and the kings royal favor , he hopeth will plead for his excuse ; and he rather believeth he were worthy to be condemned in the opinion of all generous mindes , if being in such favor with his master , he had minded onely his own advancement , and had neglected those who were nearest unto him . to this article his answer is , that he doth humbly , and with all thankfulness acknowledge the bountiful hand of his late majesty unto him ; for which he oweth so much to the memory of that deceased king , his most excellent majesty that now is , and their posterity , that he shall willingly render back whatsoever he hath received , together with his life , to do them service . but for the immense sums and values which are suggested to have been given unto him , he saith , there are very great mistakings in the calculations which are in the schedules in this article mentioned ; unto which the duke will apply particular answers in another schedule , which shall express the truth of every particular as near as he can collect the same , to which he referreth himself ; whereby it shall appear , what a great disproportion there is between conjectures and certainties : and those gifts which he hath received , though he confesseth , that they exceed his merit , yet they exceed not presidents of former times . but whatsoever it is he hath , or hath had , he utterly denieth that he obtained the same , or any part thereof , by any undue sollicitation , or practice , or did unduly obtain any release of any sums of money he received ; but he having at several times , and upon several occasions disposed of divers sums of the moneys of his late majesty , and of his majesty that now is , by their private directions , he hath releases thereof for his discharge , which was honorable and gratious in their majesties , who granted the same for their servants indempnity ; and he hopeth was not unfit for him to accept of , lest in future times , he or his might be charged therewith , when he could not be able to give so clear an account thereof , as he hopeth he shall now be well able to do . to this charge , which is set forth in such an expression of words as might argue an extraordinary guiltiness in the duke , who by such infinite bonds of duty and thankfulness was obliged to be tender of the life and health of his most dread and dear soveraign and master , he maketh this clear and true answer : that he did neither apply nor procure the plaister or posset-drink , in the charge termed to be a potion , unto his late majesty , nor was present when the same was first taken or applied : but the truth is this ; that his majesty being sick of an ague , took notice of the dukes recovery of an ague not long before , and asked him how he had recovered , and what he found did him most good ? the duke gave him a particular answer thereto , and that one who was the earl of warwicks physician had ministred a plaister and posset-drink to him ; and the chief thing that did him good was a vomit , which he wished the king had taken in the beginning of his sickness . the king was very desirous to have that plaister and posset-drink sent for , but the duke delayed it ; whereupon the king impatiently asked whether it were sent for , or not ? and finding by the dukes speeches he had not sent for it , his late majesty sent for iohn baker the dukes servant , and with his own mouth commanded him to go for it : whereupon the duke besought his majesty not to make use of it but by the advice of his own physicians , nor until it should be tried of iames palmer of his bed-chamber , who was then sick of an ague , and upon two children in the town . which the king said he would do : and in this resolution the duke left his majesty , and went to london ; and in the mean time in his absence the plaister and posset-drink was brought and applied by his late majesties own command . at the dukes return , his majesty was in taking of the posset-drink , and the king then commanded the duke to give it him , which he did in the presence of some of the kings physicians , they then no ways seeming to dislike it , the same drink being first tasted of by some of them , and divers others in the kings bed-chamber . and he thinketh this was the second time the king took it . afterwards when the king grew somewhat worse then before , the duke heard a rumor as if his physick had done the king hurt , and that the duke had ministred that physick to him without advice . the duke acquainted the king therewith , to whom the king with much discontent answered thus , they are worse then devils that say it . so far from the truth it was , which now notwithstanding ( as it seemeth ) is taken up again by some , and with much confidence affirmed . and here the duke humbly prayeth all your lordships not only to consider the truth of this answer , but also to commiserate the sad thought which this article hath revived in him . this being the plain , clear and evident truth of all those things which are contained and particularly expressed in his charge , ( the rest being in general requiring no answer ) he being well assured that he hath herein affirmed nothing which he shall not make good by proof in such way as your lordships shall direct ; he humbly referreth it to the judgment of your lordships , how full of danger and prejudice it is to give too ready an ear and too easie a belief unto reports or testimony without oath , which are not of weight enough to condemn any . he humbly acknowledgeth how easie it was for him in his younger years and unexperienced , to fall into thousands of errors in those ten years wherein he had the honor to serve so great and open-hearted a soveraign and master : but the fear of almighty god , his sincerity in the true religion established in the church of england , ( though accompanied with many weaknesses and imperfections , which he is not ashamed humbly and heartily to confess ) his awfulness not willing to offend so good and gracious a master , and his love and duty to his country have restrained him and preserved him ( he hopeth ) from running into heinous and high misdemeanors and crimes . but whatsoever upon examination and mature deliberation they shall appear to be , lest in any thing unwittingly within the compass of so many years he shall have offended , he humbly prayeth your lordships not only in those , but as to all the said misdemeanors , misprisions , offences and crimes wherewith he standeth charged before your lordships , to allow unto him the benefit of the free and general pardon granted by his late majesty in parliament in the . year of his reign , out of which he is not excepted ; and of the gracious pardon of his now majesty granted to the said duke , and vouchsafed in like manner to all his subjects at the time of his most happy inauguration and coronation : which said pardon under the great seal of england granted the said duke , beareth date the . day of february now last past , and here is shewn forth unto your lordships , on which he doth most humbly rely : and yet he hopeth your lordships in your justice and honor , upon which with confidence he puts himself , will acquit him of and from those misdemeanors , offences , misprisions and crimes wherewith he hath been charged ; and he hopeth , and will daily pray , that for the future he shall by gods grace so watch over his actions both publick and private , that he shall not give any just offence to any . the duke having put in this answer , earnestly moved the lords to send to the commons to expedite their reply ; and the commons did as earnestly desire a copy of his answer . the next day his majesty wrote this letter to the speaker . trusty and welbeloved , we greet you well . our house of commons cannot forget how often and how earnestly we have called upon them for the speeding of that aid which they intended us for our great and weighty affairs , concerning the safety and honor of us and our kingdoms : and now the time being so far spent , that unless it be presently concluded , it can neither bring us money nor credit by the time which themselves have prefixed , which is the last of this moneth , and being further deferred would be of little use , we being daily advertised from all parts of the great preparations of the enemy ready to assail us ; we hold it necessary by these our letters to give them our last and final admonition , and to let them know that we shall account all further delays and excuses to be express denials . and therefore we will and require you to signifie unto them , that we do expect that they forthwith bring in their bill of subsidy to be passed without delay or condition , so as it may fully pass the house by the end of the next week at the furthest : which if they do not , it will force us to take other resolutions . but let them know , if they finish this according to our desire , that we are resolved to let them sit together for the dispatch of their other affairs so long as the season will permit , and after their recess to bring them together again the next winter . and if by their denial or delay , any thing of ill consequence shall fall out either at home or abroad , we call god and man to witness that we have done our part to prevent it , by calling our people together to advise with us , by opening the weight of our occasions unto them , and by requiring their timely help and assistance in these actions wherein we stand engaged by their own councels . and we will and command you that this letter be publickly read in the house . about this time there happened , at three a clock in the afternoon , a terrible storm of rain and hail in and about the city of london , and with it a very great thunder and lightening : the graves were laid open in s. andrews church-yard in holborn , by the sudden fall of the wall which brought away the earth with it , whereby many coffins and the corps therein were exposed to open view , and the ruder sort would ordinarily lift up the lids of the coffins to see the posture of the dead corps lying therein , who had been buried of the plague but the year before . at the same instant of time there was a terrible storm and strange spectacle upon thames by the turbulencie of the waters , and a mist that arose out of the same , which appeared in a round circle of a good bigness above the waters . the fierceness of the storm bent it self towards york-house , ( the then habitation of the duke of buckingham ) beating against the stairs and wall thereof : and at last this round circle ( thus elevated all this while above the water ) dispersed it self by degrees like the smoke issuing out of a furnace , and ascended higher and higher till it quite vanished away , to the great admiration of the beholders . this occasioned the more discourse among the vulgar , in that doctor lamb appeared then upon thames , to whose art of conjuring they attributed that which had happened . the parliament was then sitting , and this spectacle was seen by many of the members out of the windows of the house . the commons agreed upon this ensuing petition to his majesty , concerning recusants . to the kings most excellent majesty . your majesties most obedient and loyal subjects the commons in this present parliament assembled , do with great comfort remember the many testimonies which your majesty hath given of your sincerity and zeal of the true religion established in this kingdom , and in particular your gracious answer to both houses of parliament at oxford , upon their petition concerning the causes and remedies of the increase of popery ; that your majesty thought fit , and would give order to remove from all places of authority and government , all such persons as are either popish recusants , or according to direction of former acts of state justly to be suspected ; which was then presented as a great and principal cause of that mischief . but not having received so full redress herein as may conduce to the peace of this church , and safety of this regal state , they hold it their duty once more to resort to your sacred majesty , humbly to inform you , that upon examination they find the persons underwritten to be either recusants , papists , or justly suspected according to the former acts of state , who now do , or since the first sitting of the parliament did remain in places of government and authority , and trust in your several counties of this your realm of england , and dominion of wales . the right honorable francis earl of rutland , lieutenant of the county of lincoln , rutland , northampton , nottingham , and a commissioner of the peace , and of oyer and terminer in the county of york , and justice of oyer from trent northwards . his lordship is presented to be a popish recusant , and to have affronted all the commissioners of the peace within the north-riding of yorkshire ▪ by sending a licence under his hand and seal unto his tenant thomas fisher , dwelling in his lordships mannor of helmsley in the said north-riding of the said county of york , to keep an alehouse , soon after he was by an order made at the quarter-sessions discharged from keeping an alehouse , because he was a popish convict recusant , and to have procured a popish schoolmaster , namely , roger conyers to teach schollers within the said mannor of helmsley , that formerly had his licence to teach schollers taken from him , for teaching schollers that were the children of popish recusants , and because he suffered these children to absent themselves from the church whilest they were his schollers ; for which the said conyers was formerly complained of in parliament . the right honorable vicount dunbar , deputy justice in oyer to the earl of rutland , from trent northward , and a commissioner of sewers , and a deputy lieutenant within the east-riding of yorkshire ; his lordship is presented to be a popish recusant , and his indictment removed into the kings-bench , and his wife , mother , and the greatest part of his family are popish recusants , and some of them convicted . william lord eury in commission for the sewers in the east-riding , a convict popish recusant , henry lord abergaveney , john lord tenham , edward lord wotton in commission for sewers , justly suspected for popery ; henry lord morley commissioner of sewers in com. lanc. himself suspected , and his wife a recusant , iohn lord mordant commissioner of the peace , sewers , and subsidie in com. northampton . iohn lord st iohn of basing , captain of lidley castle in com. southampton , indicted for a popish recusant . em. lord scroop , lord president of his majesties council in the north , lord lieutenant of the county and city of york , & com. eborac . & ville kingston super hull , presented the last time , and continuing still to give suspition of his ill-affection in religion . . by never coming to the cathedral church upon those dayes wherein former presidents have been accustomed . . by never receiving the sacrament upon common dayes , as other presidents were accustomed , but publickly departing out of the church with his servants upon those dayes when the rest of the council , lord major , and aldermen do receive . . by never or very seldom repairing to the fasts , but often publickly riding abroad with his hawkes on those dayes . . by causing such as are known to be firm on those dayes in the religion established , to be left out of commission , which is instanced in henry alured esquire , by his lordships procurement put out of the commission of sewers ▪ or else by keeping them from executing their places , which is instanced in dr. hudson , doctor in divinity , to whom his lorship hath refused to give the oath being appointed . . by putting divers other ill-affected persons in commission of the council of oyer and terminer , and of the sewers , and into other places of trust , contrary to his majesties gracious answer to the late parliament . . in october last . being certified of divers spanish ships of war upon the coasts of scarborough , his lordship went thither , and took with him the lord dunbar , sir thomas metham and william alford , and lay at the house of the lord eury , whom he knew to be a convict recusant , and did notwithstanding refuse to disarm him , although he had received letters from the lords of the council to that effect ; and did likewise refuse to shew the commissioners who were to be imployed for disarming of popish recusants , the original letters of the privy-council , or to deliver them any copies as they desired , and as his predecessors in that place were wont to do . . by giving order to the lord dunbar , sir william wetham , and sir william alford , to view the forts and store of munition in the town of kingston upon hull , who made one kerton a convict recusant , and suspected to be a priest , their clerk in that service . . by denying to accept a plea tendred according to the law by sir william hilliard defendant , against isabel simpson plaintiff , in an action of trover , that she was a convict popish recusant , and forcing him to pay costs . . by the great increase of recusants since his lordships coming to that government in ianuary . it appearing by the records of the sessions , that there are in the east-riding onely one thousand six hundred and seventy more convicted then were before , which is conceived to be an effect of his favor and countenance towards them . william langdale esquire convict of popish recusancy ; iordan metham , henry holm , michael partington , esquires , george creswell , thomas danby , commissioners of the sewers , and put in commission by procurement of the lord scroop , lord president of the north , and who have all popish recusants to their wives ; ralph bridgeman a non-communicant . nicholas girlington , whose wife comes seldom to church ; sir marmaduke wycel knight and baronet , presented the last parliament , his wife being a convict popish recusant , and still continuing so . sir thomas metham knight , deputy lieutenant made by the lord scroop in commission of the council of the north ; and of oyer and terminer , and other commissions of trust ; all by procurement of the same lord president since the kings answer ; never known to have received the communion ; his two onely daughters brought up to be popish , and one of them lately married to thomas doleman esquire , a popish recusant . anthony vicount montague , in commission of the sewers in com. sussex , his lorship a recusant papist . sir william wray knight , deputy lieutenant , colonel to a regiment , his wife a recusant ; sir edw. musgrave , sir tho. lampleigh justices of peace and quorum ; sir thomas savage deputy lieutenant and justice of peace , his wife and children recusants ; sir richard egerton a non-communicant . thomas savage esquire , a deputy lieutenant , a recusant , and his wife indicted and presented ; william whitmore commissioner of the subsidy , his wife and children recusants ; sir hugh beeston commissioner of the subsidy , his daughter and many of his servants recusants ; sir william massie commissioner for the subsidy , his lady indicted for recusancy , and his children papists ; sir william courtney knight , vice-warden of the stannery , and deputy lieutenant , a popish recusant , sir thomas ridley knight , justice of the peace , his wife a popish recusant , and eldest son . sir ralph conyers knight , justice of peace , his wife a popish recusant ; iames lawson esquire , a justice of peace , and one of the captains of the trained-band , his children popish recusants , and servants non-communicants . sir iohn shelley knight and baronet , a recusant ; william scot esq a recusant ; iohn finch esquire , not convict , but comes not to church , in commission of the sewers . these are all convicted recusants , or suspected of popery . sir william mollineux deputy lieutenant and justice of peace , his wife a recusant ; sir richard honghton knight deputy lieutenant , his wife and some of his daughters recusants ; sir william norris captain of the general forces , and justice of peace , a recusant ; sir gilbert ireland justice of peace , a recusant ; iames anderton esquire , justice of peace , and one of his majesties receivers , his wife a non-communicant , his son and heir a great recusant , and himself suspected . edward rigby esquire , clerk of the crown , justice of peace , himself a good communicant , but his wife and daughters popish recusants . edward criswell esquire , justice of peace , his wife a popish recusant . iohn parker gentleman , muster-master for the county , suspected for a popish recusant . george ireland esquire , justice of peace , his wife a popish recusant . iohn preston esquire , bow-bearer for his majesty in westmorland forest , a recusant . thomas covill esquire , jaylor , justice of peace and quorum , his daughter a recusant married . sir cuthbert halsal justice of peace , his wife a recusant . richard sherborn esquire , justice of peace , himself non-resident , his wife and son recusants . sir george hennage knight , sir francis metcalf knight , robert thorall esquire , anthony mounson esquire , william dallison esquire , in commissioner of the sewers , and are justly suspected for popish recusants . sir henry spiller knight in commission of peace for middlesex and westminster , and deputy lieutenant ; valentine saunders esquire , one of the six clerks , both which are justly suspected to be ill-affected in religion according to the acts of state. charles jones knight , deputy lieutenant , and justice of peace ; george milburne esquire , justice of peace , edward morgan esquire , their wives are all popish recusants . william jones deputy lieutenant , justice of peace , his wife suspected to be a popish recusant . iohn vaughan captain of the horse , suspected for recusancy . benedict hall receiver and steward of the dutchy of lancaster , he and his wife are popish recusants . sir thomas brudenel knight and baronet , deputy lieutenant , a popish recusant . cuthbert herone esquire , now sheriff of northumberland , justice of the peace , his wife a recusant . sir william selby junior , knight , justice of peace , his wife a recusant . sir iohn canning knight , justice of the peace , his wife a suspected recusant . sir ephraim widdrington knight , justice of peace suspected to be a recusant . sir thomas riddall knight , justice of peace , his wife and eldest son are recusants . iohn widdrington esquire , who came out of the same county before his majesties proclamation was published , and is now at london attending the council table by commandment , and yet not dismist . sir robert pierpoint esquire , justice of peace , his wife a recusant . sir anthony brown knight , justice of peace , thought to be a recusant , but not convict . sir henry beddingfield knight , deputy lieutenant , and justice in oyer and terminer , and in commission of sewers , justice of peace , and captain of a foot company , his wife nor any of his children , as is informed , come to the church . thomas sayer captain of the horse , his wife comes not to church . sir william yelverton baronet , and justice of peace , not suspected himself , but his eldest son and one of his daughters are known recusants . sir henry minne knight , justice of peace and quorum , neither he his wife or daughters can be known to have received the communion , and have been presented at the sessions for non-conformity . robert warren clerk , a justice of peace , justly suspected , and that for these reasons . . he being in trust for one ratcliff of bury , deceased , for the educating of his son ; he took him from the school at twelve years old , and sent him beyond the seas , to be brought up there in a popish seminary , where he hath remained six or seven years , as was generally reported . . one of his parishioners doubted in some points of religion , being sick , and desired to be satisfied by him , who confirmed him in the religion of the church of rome , which he told to his brothers before his death , who are ready to affirm the same , but this was divers years since . . there being letters directed to four knights of that county to call the ministers and other officers before them , and to cause them to present all such as absented themselves from the church , and were popishly affected , he was desired to present those within his parish church of welford , which he accordingly did , but left out at the least one half ; and being asked , why he did so , he answered , that he was no informer : and being asked of some particulars , whether they came to the church or not , his answer was , they did not , and why then did he not present them ? he said , they might be anabaptists or brownists , and would not present them , and this certified by three members of the house . . he having a brother dwelling in sudbury that was presented for not coming to the church , he came to one of the ministers , and told him , that he took it ill they presented his brother , who answered , he did it not , but if he had known of it , he would ; whereupon he replied , he was glad he had a brother of any religion . one of his parish , named fage , having intelligence , that there was one in the said parish , that could inform of a private place , where arms were in a recusants house in the parish , came to some of the deputy lieutenants in commission for a warrant to bring the same in form before them , to be examined concerning the same , and the said fage delivered the warrant to the constable , he carried him before the said mr warren , who rated the said fage for that he did not come to him first , telling him , that he was a factious fellow , and laid him by the heels for two hours , which the said fage is ready to affirm . sir benjamin titchburne knight and baronet , justice of oyer and terminer , justice of peace , and deputy lieutenant , and in commission for the subsidue , his wife , children and servants indicted for popish recusancy . sir richard tichburne knight , justice of peace , his wife presented the last sessions for having absented her self from the church for the space of two moneths . sir henry compton knight , deputy lieutenant , justice of peace , and commissioner for the sewers ; sir iohn shelly knight and baronet , himself and his lady recusants . sir iohn gage knight and baronet , a papist recusant . sir iohn guilfor knight , their ladies come not to church . sir edward francis knight , their ladies come not to church . sir genet kempe knight , some of his children come not to church . edward gage esq a recusant papist commissioners of the sewers . tho middlemore comes not to church commissioners of the sewers . iames rolls , william scot , commissioners of sewers , both recusants papists ; robert spiller comes not to church . sir henry guilford in commission for piracies , and for the sewers , and iohn thatcher esquire , commissioner for the sewers , they are either persons convicted or justly suspected . sir richard sandford knight , richard brewthwait esquire , gawen brewthwait esquire , their wives are recusants . sir william ambrey knight , justice of peace , a recusant , rees williams a justice of peace , his wife a convict recusant , and his children popishly bred , as is informed . sir iohn coney knight a justice of peace , and deputy lieutenant , his wife a popish recusant . morgan voyle esquire , justice of peace , his wife presented for not coming to church , but whether she is a popish recusant is not known . iohn warren captain of the trained-band , one of his sons suspected to be popishly affected . wherefore they humbly beseech your majesty not to suffer your loving subjects to continue any longer discouraged by the apparent sence of that increase both in number and power , which by the favor and countenance of such like ill-affected governors accreweth to the popish party ; but that according to your own wisdom , goodness and piety ( whereof they rest assured ) you will be graciously pleased to command that answer of your majesties to be effectally observed , and the parties above named , and all such others to be put out of such commissions and places of authority wherein they now are in your majesties realm of england , contrary to the acts and law of state in that behalf . a committee was appointed to prepare an answer to his majesties letter , which was ingrossed and allowed of , but the copy thereof we cannot finde ; yet the substance was delivered by the speaker sir henage finch , in these words . most gracious and dread soveraign , according to that liberty of access , and liberty of speech which your majesty and your royal progenitors have ever vouchsafed to your house of commons , your majesties most humble and loyal subjects , the commons now assembled in parliament have been suitors for this access to your royal throne . and out of their consideration of the nature , and of the weight and importance of the business , they have thought the attendance of the whole house with their speaker , not too solemn ; and yet they have not thought fit barely to commit those words , which express their thoughts , to the trust of any mans speech , but are bold to present them in writing to your gracious hands , that they may not vanish , but be more lasting then the most powerfull words of a more able speaker like to be . i have much to read , and shall therefore , as little as i can , weary your majesty with speeches . this parchment contains two things , the one by way of declaration , to give your majesty an accompt and humble satisfaction of their clear and sincere endeavors and intentions in your majesties service ; and the other an humble petition to your majesty for the removal of that great person the duke of buckingham from access to your royal presence . for the first , they beseech your most excellent majesty to beleeve , that no earthly thing is so dear and precious to them , as that your majesty should retain them in your grace and good opinion ; and it is a grief to them beyond my expression , that any misinformation , or misinterpretation should at any time render their words or proceedings offensive to your majesty . it is not proper for any to hear the eccho of a voice , that hears not the voice ; and if eccho's be sometimes heard to double and redouble , the eccho of the eccho is still fainter , and sounds not lowder . i need not make the application , words misreported , though by an eccho , or but an eccho of an eccho , at a third or fourth hand , have oft a lowder sound then the voice it self , and may sound disloyalty , though the voice had nothing undutifull , or illoyal in it . such misinformations they fear have begot those interruptions and diversions which have delayed the ripening and expediting of those great counsels which concern your majesties important service , and have enforced this declaration . i pass from that to the petition in which my purpose is not to urge those reasons which your majesty may hear expressed in their own words in the language of the people . i am onely directed to offer to your great wisdom and deep judgement , that this petition of theirs is such as may stand with your majesties honor and justice to grant . your majesty hath been pleased to give many royal testimonies and arguments to the world how good and gracious a master you are ; and that which the queen of sheba once said to the wisest king , may without flattery be said to your majesty , happy are those servants which stand continually before you . but the relations by which your majesty stands in a gracious aspect towards your people , do far transcend , and are more prevalent and binding , then any relation of a master towards a servant ; and to hear and satisfie the just and necessary desires of your people , is more honorable , then any expression of grace to a servant . to be a master of a servant is communicable to many of your subjects ; to be a king of people , is regal , and incommunicable to subjects . your majesty is truly stiled with that name which the greatest emperors , though they borrowed names and titles from those countries which they gained by conquest , most delighted in , pater patriae ; and desires of children are preferred before those of servants , and the servant abideth not in the house for ever , but the son abideth ever . the government of a king was truely termed by your royal father , a politick marriage between him and his people ; and i may safely say , there was never a better union between a married pair , then is between your majesty and your people . afterwards the commons made what haste they could to perfect a remonstrance or declaration against the duke , and concerning tonage and poundage taken by the king since the death of his father , without consent in parliament , which was no sooner finished , but they had intimation the king would that day dissolve the parliament ; whereupon they ordered every member of the house to have a copy of the remonstrance . and at the same time the lords prepared this ensuing petition to stay his purpose in dissolving the parliament . may it please your excellent majesty , we your faithfull and loyal subjects the peers of this kingdom , having received this morning a message from your majesty , intimating an intention to dissolve this parliament ; remembring that we are your majesties hereditary great council of the kingdom , do conceive that we cannot deserve your majesties gracious opinion expressed in this message unto us , nor discharge our duty to god , your majesty and our country , if after expression of our great and universal sorrow , we did not humbly offer our loyal and faithfull advice to continue this parliament , by which those great and apparent dangers at home and abroad signified to us by your majesties command , may be prevented , and your majesty made happy in the duty and love of your people , which we hold the greatest safety and treasury of a king ; for the effecting whereof our humble and faithfull endeavor shall never be wanting . the lords sent the vicount mandevile earl of manchester lord president of his majesties council , the earl of pembrook , the earl of carlile , and the earl of holland to intreat his majesty to give audience to the whole house of peers . but the king returned answer , that his resolution was to hear no motion to that purpose , but he would dissolve the parliament ; and immediately caused a commission to pass under the great-seal to that purpose , in haec verba . carolus dei gratia angliae , scotiae , franciae & hiberniae rex , fidei defensor , &c. reverendissimo in christo patri & fideli consiliario nostro georgio archiepisc. cantuar. totius angliae primati & metropolitano : ac perdilecto & fideli consiliar . nostro thom●e coventry militi , dom. custod . magni sigilli nostri angliae : ac etiam reverendiss . in christo patri tobiae archiep. ebor. angliae primati & metropolitano : nec non charissimis consanguineis & consiliariis nostris iacobo comiti marlborough , thesaurario nostro angliae ; henrico comiti manchester , dom. presidenti consilii nos●ri ; edwardo comiti wigorn. custod . privati sigilli nostri ; georgio duci buckingham , magno admirallo nostro angliae ; willielmo comiti pembroke , camerario hospitii nostri : ac etiam charissimo consanguineo nostro edwardo comiti dorset ; nec non charissimo & consiliar . nostro philippo comiti mountgomery ; charissimóque consanguineo nostro willielmo comiti northampton , presidenti consilii nostri infra principalitatem & marchias walli●e ; ac chariss . consanguineo & consiliar . nostro iacobo comiti carlol . nec non charissimis consanguineis nostris iohanni comiti de clare , thomae comiti cleveland , edmundo comiti de mulgrave : nec non charissimo consanguineo & consiliar . nostro georgio comiti de totnes ; charissimóque consanguineo nostro henrico vicecomiti rochford : ac etiam reverendis in christo patribus georgio episcopo london , richardo episc. dunclm . reverendóque in christo patri & sideli consiliar . nostro lanceloto episc. winton . nec non reverendis in christo patribus , samueli episc. norwicen . willielmo episc. meneven . ac perdilecto & fideli consiliario nostro edwardo dom. conway , uni primorum secretarium nostrum , ac etiam perdilecto & fideli nostro samueli dom. scroop presidenti consilii nostri in partibus borealibus ; perdilectóque & fideli consiliar , nostro fulconi dom. brook , salutem . cùm nuper pro quibusdam arduis & urgentibus negotiis , nos statum & defensionem regni nostri angliae & ecclesiae anglicanae concernentibus , praesens hoc parliamentum nostrum apud civitatem nostram westmonasterii sexto die februar . anno regni nostri primo inchoari & teneri ordinaverimus , à quo die idem parliamentum nostrum usque ad & instantem decimum quintum diem iunii continuatum fuerat : sciatis quòd nos pro certis urgentibus causis & considerationibus nos specialiter moventibus , idem parliamentum nostrum hoc instanti decimo quinto die iunii duximus dissolvendum . de fidelitate igitur , prudentia & circumspectione vestris plurimum confidentes , de avisamento & assensu consilii nostri assignavimus vos commissionarios nostros , dantes vobis & aliquibus tribus vel pluribus vestrum tenore praesentium , plenam potestatem & authoritatem hoc instanti decimo quinto die iunii ad dictum parlamentum nostrum nomine nostro plenariè dissolvendum ; & ideo vobis mandamus quòd vos , vel aliqui tres vel plures vestrum , idem parliamentum nostrum hoc instante decimo quinto die iunii , virtute harum literarum nostrum patent . plenariè dissolvatis & determinetis . et ideo vobis mandamus quòd praemissa diligenter intendatis , ac ●a in forma praedicta effectualiter expleatis & exequamini . damus autem universis & singulis archiepiscopis , ducibus , marchionibus , comitibus , vicecomitibus , episcopis , baronibus , militibus , civibus & burgensibus , ac omnibus aliis quorum interest ad dictum parliamentum nostrum conventurum , tenore praesentium firmiter in mandat . quod vobis in praemissis faciend . agend . & exiquend . pariant , obediant , & intendant in omnibus prout decet . in cujus rei testimonium has literas nostras ●ieri fecimus patentes . teste meipso apud westm. decimo quinto die iunii , anno regni nostri secundo . edmonds . this commission being read , and the commons present , the parliament was dissolved on the fifteenth day of iune . the intended remonstrance was as followeth . most gracious soveraign , we your loyal and faithful subjects the commons assembled by your majesties most royal authority in this present parliament , having with all dutiful affection from the time of our first méeting earnestly endeavored to procéed spéedily in those affairs that might best and soonest conduce to our dispatch of the intended supply of your majesties great designs , to the enlargement of your support , and to the enabling of our selves and them whom we represent , to the full and timely performance of the same ; have notwithstanding by reason of divers informations , interruptions , and other preventions béen hitherto so retarded in the prosecution of these affairs , that we now thought it a necessary part of our most humble duties thus to declare both those interruptions and preventions , with the true original and continual cause of them , as also our most earnest devotion of the parliamentary service of your most excellent majesty , and of the careful safety and defence of your dominions , crown and dignity : and we most humbly therefore beséech your most excellent majesty to be graciously pleased here to cast your eye on some particulars , that have relation as well to your first parliament , as to this ; out of which we cannot doubt but that your great goodness may receive an ample satisfaction touching our most loyal and faithful intentions . in the first parliament of the first year of your majesties most happy reign over us , the commons then assembled , after they had cheerfully presented to your majesty as the first-fruits of their affections two entire subsidies , were excéedingly pressed by the means of the duke of buckingham , and for his own ends , as we conceive , to enlarge that supply : which when he conceived would not be there effected , he procured for the same ends from your majesty an adjournment of the parliament to the city of oxford ; where the commons then taking into just consideration the greatest mischiefs which this kingdom variously hath suffered , and that chiefly by reason of the exorbitant power and frequent misdoings of the said duke , were entring into a parliamentary course of examination of those mischiefs , power , and misdoings : but no sooner was there any mention made of his name to this purpose , but that he fearing lest his actions might so have béen too much laid open to the view of your most excellent majesty , and to the just censure that might then have followed , presently through his misinformations to your majesty of the intentions of your said commons ( as we have just cause to believe ) procured a dissolution of the said parliament : and afterwards also in the same year , through divers misreports made to your majesty in his behalf touching some members of the said commons , who had more particularly drawn his name into just question , and justly professed themselves averse to his ends there , procured ( as we cannot but conceive ) the said members to be made the sheriffs of several counties for this year that followed , to the end that they might have all béen precluded from being chosen members of the present parliament , lest they should again have therein questioned him ; and by the like practice also ( as we are perswaded ) he procured soon after the said dissolution another * member of the said house , because he had justly professed himself against his ends , to be sent as secretary of your majesties last fleet , hereby indeed to punish him by such drawing him from his practice of the law , which was his profession , under colour of an honorable imployment . it pleased your majesty afterwards in february last , to call this present parliament , wherein ( though none of those whom the said duke had so procured to be made high shiriffs have sit as members ; yet ) we finding in our selves the like affection , first to the service of your majesty , and next to the good of the commonwealth , we took into serious consideration several propositions , how for the ●afety and happiness of your majesties kingdoms and allies , we might enlarge your supports , add to the military strength without charge to the poorer sort of your subjects , and give a larger supply to your majesty for your instant and pressing occasions , then hath ever yet but once been given in parliament : whereupon for the enabling of our selves and those whom we represent , we conceive it first necessary to search into the causes of those mischiefs , which this your kingdom suffereth , and divers of the grievances that overburthen your subjects ; without doing of which we could neither be faithful to your majesty , nor to the country that doth trust and imploy us , as your royal father also of blessed memory admonished the house of commons in the fourth session of his first parliament . in this consideration we found that the most pressing and comprehensive mischief and grievance that we suffered , was fundamentally setled in the vast power and enormous actions of the said duke , being such , that by reason of his plurality of offices , all gotten by ambition , and some for money , expresly against the lawes of your realm ; his breach of trust , in not guarding the seas ; his high injustice in the admiralty ; his extortion ; his delivering over the ships of this kingdom into the hands of a forein prince ; his procuring of the compulsory buying of honor for his own gain ; his unexampled exhausting of the treasures and revenues of the kingdom ; his transcendent presumption of that unhappy applying of phisick to your royal father of blessed memory , few dayes before his death , and some other his offences carefully and maturely examined by us , we made a parliamentary charge of the same matters and offences against him , to the lords by your majesty assembled in parliament , there expecting some remedy by a speedy proceeding against him ; but , may it please your most excellent majesty , not onely during the time of our examination of the matters and offences of the same charge , we were diversly interrupted , and diverted , by messages procured through misinformation from your majesty , which with most humble duty and reverence we did ever receive , whence it first fell out , that so not onely much time was spent amongst us , before the same charge was perfected , but also within two dayes next after the same charge was transmitted by us to the lords : upon untrue and malicious misinformations privately and against the priviledge of parliaments , given to your majesty of certain words supposed to have been spoken by sir dudley digs and sir john elliot knights , two of the members of our house , in their service of the transmitting of the said charge , both of them having been especially employed in the chairs of committees with us , about the examination of the said matters and offences , they were both by your majesties command committed to close imprisonment in the tower of london , and their lodgings presently searched , and their papers there found presently taken away ; by reason whereof , not onely our known priviledges of parliament were infringed , but we our selves that upon full hope of speedy course of iustice against the said duke were preparing with all dutifull affection to proceed to the dispatch of the supply , and other services to your majesty , were wholly , as the course and priviledge of parliament bindes us , diverted for divers dayes , to the taking onely into consideration some courses for the ratifying and preservation of the priviledges so infringed , and we think it our duties , most gracious soveraign , most rightly to inform hereby your most excellent majesty of the course held in the commitment of the two members : for whereas by your majesties warrant to your messengers for the arresting of them , you were pleased to command , that they should repair to their lodgings . and there take them ; your majesties principal secretary the lord conway gave the said messengers , ( as they affirmed ) an express command , contrary to the said warrants , that they should not go to their lodgings , but to the house of commons , and there take them ; and if they found them not there , they should stay until they were come into the house , and apprehend them wheresoever else they should finde them . which besides that it is contrary to your majesties command , is an apparent testimony of some mischievous intention there had against the whole house of commons , and against the service intended to your majesty . all which , with the several interruptions that preceded it , and the misinformation that hath caused all of them , we cannot doubt but that they were wrought and procured by the duke to his own behoof , and for his advantage , especially because the said interruptions have through misinformation come amongst us , onely at such times wherein we have had the matters and offences charged against him in agitation ; but your majesty out of your great goodness and justice being afterwards informed truely of our priviledge , and the demerit of the cause that concerned our said two members , graciously commanded the delivery of them out of the tower , for which we render unto your majesty most humble thanks ; and were then again by reason of our hopes of the dispatch of proceedings with the lords , upon our charge against him said the duke , in a cheerfull purpose to go on with the matter of supply , and other services to your majesty , when again these hopes failed in us , by reason of some new exorbitancies now lately shewed in the exercise of his so great power and ambition ; for by such his power and ambition , notwithstanding our declaration against him for his so great plurality of offices , he also procured to himself , by the sollicitation of his agents , and of such as depended upon him , the office of chancellor of the university of cambridge ; whereas the same university having two burgesses in parliament , did by the same burgesses a few weeks before , consent with us in the charge against him for his ambition for procuring such a plurality of offices ; such was his ambition to sue for it , such was his power to make them give it him contrary to what themselves had agréed in parliament with all the commons of england . and he procured also the same office by the special labors and endeavors ( as we are informed ) of a factious party , who adhereth to that dangerous innovation of religion , published in the seditious writings of one richard montague clerk ; of whom it is thence also , and heretofore upon other reasons it hath béen conceived , that the said duke is , and long hath béen an abettor and protector . these actions of the said duke have thus among us hindred the service of your majesty , by reason both of the interruptions that have so necessarily accompanied them , and of the prevention of our chéerfulness , which otherwise had long since béen most effectually shewed in us , that have nothing else in our cares next to our duty to god , but the loyal service of your majesty , the safety of your kingdom , and the subsistence of our selves and those whom we represent , for the continuance of that service and safety : which we cannot hope for , and we beséech your most excellent majesty graciously to receive this our humble and frée protestation , that we cannot hope for it , so long as we thus suffer under the pressures of the power and ambition of the said duke , and the divers and false informations so given to your majesty on his behalf and for his advantage ; especially when we observe also that in such his greatness he preventeth the giving of true information to your majesty in all things that may any ways reflect on his own misdoings , to shew unto your majesty the true state of your subjects and kingdoms , otherwise then as it may be represented for his own ends . and to that purpose also hath he procured so many persons depending on him , either by alliance or advancement , to places of eminencie near your sacred person . through his misinformations of that kind also , and power , we have séen to our great grief , both in the time of your majesties royal father of blessed memory , and of your majesty , divers officers of the kingdom so often by him displaced and altered , that within these few years past , since the beginning of his greatness , more such displacings and alterations have by his means happened , then in many years before them : neither was there in the time of your royal father of blessed memory any such course held , before it was by the practice of the said duke thus induced . and since that time divers officers of the crown , not only in this your kingdom of england , but also in ireland , as they have béen made friends or adverse to the said duke , have béen either so commended , or mispresented by him to his soveraign , and by his procurement so placed , or displaced , that he hath always herein , as much as in him lay , made his own ends and advantage the measure of the good or ill of your majesties kingdoms . but now at length , may it please your most excellent majesty , we have received from the lords a copy of the said dukes answer to our charge transmitted against him ; whereunto we shall presently in such sort reply , according to the laws of parliament , that unless his power and practice again undermine our procéedings , we do not doubt but we shall upon the same have iudgment against him . in the times also ( most gracious soveraign ) of these interruptions which came amongst us , by reason of the procurement of two of our members committed , a gracious message was formerly received from your majesty , wherein you had been pleased to let us know , that if you had not a timely supply , your majesty would betake your self to new counsels : which we cannot doubt were intended by your most excellent majesty to be such as stood with iustice and the laws of this realm . but these words new counsels were remembred in a speech made amongst us by one of your majesties privy-council , and lately a member of us , who in the same speech told us , he had often thought of those words new counsels ; that in his consideration of them , he remembred that there were such kinds of parliaments antiently among other nations , as are now in england ; that in england he saw the country-people live in happiness and plenty , but in these other nations he saw them poor both in persons and habit ; or to that effect : which state and condition happened ( as he said ) to them , where such new counsels were taken , as that the use of their parliaments ended . this intimation , may it please your majesty , was such as also gave us just cause to fear there were some ill ministers near your majesty , that in behalf of the said duke , and together with him , who is so strangely powerful , were so much against the parliamentary course of this kingdom , as they might perhaps advise your most excellent majesty such new counsels as these , that fell under the memory and consideration of that privy-counsellor . and one especial reason among others hath increased that fear amongst us , for that whereas the subsidies of tonnage and poundage , which determined upon the death of your most royal father our late soveraign , and were never payable to any of your majesties ancestors but only by a special act of parliament , and ought not to be levied without such an act , yet ever since the beginning of your majesties happy reign over us , the said subsidies have béen levied by some of your majesties ministers , as if they were still due ; although also one parliament hath béen since then begun , and dissolved by procurement of the said duke , as is before shewed , wherein no act passed for the same subsidies . which example is so much against the constant use of former times , and the known right and liberty of your subjects , that it is an apparent effect of some new counsels given against the antient setled course of government of this your majesties kingdom , and chiefly against the right of your commons , as if there might be any subsidy , tax or aid levied upon them , without their consent in parliament , or contrary to the setled laws of this kingdom . but if any such do so ill an office , as by the misrepresentation of the state and right of your majesties loyal subjects , advise any such new counsels as the levying of any aid , tax or subsidy among your people , contrary to the setled laws of your kingdom , we cannot , most gracious soveraign , but esteem them that so shall advise , not only as uipers , but pests to their king and commonwealth , ( as all such were to both houses of parliament expresly stiled by your most royal father ) but also capital enemies as well to your crown and dignity , as to the commonwealth . and we shall for our parts in parliament shew , as occasion shall require , and be ready to declare their offences of this kind , such as that may be rewarded with the highest punishment as your laws inflict on any offenders . these , and some of these things , amongst many other , ( most gracious soveraign ) are those which have so much prevented a right understanding betwéen your majesty and us , and which have possessed the hearts of your people and loyal commons with unspeakable sorrow and grief , finding apparently all humble and hearty endeavors misinterpreted , hindred , and now at last almost frustrated utterly , by the interposition of the excessive and abusive power of one man ; against whom we have just cause to protest , not only in regard of the particulars wherewith he hath béen charged , which in parliamentary way we are enforced to insist upon , as matters which lie in our notice and proof , but also because we apprehend him of so unbridled ambition , and so averse to the good and tranquillity of the church and state , that we verily believe him to be an enemy to both : and therefore , unless we would betray our own duties to your majesty , and those for whom we are trusted , we cannot but express our infinite grief , that he should have so great power and interest in your princely affections , and under your majesty wholly in a manner to engross to himself the administration of your affairs of the kingdom , which by that means is drawn into a condition most miserable and hazardous . give us then leave , most dear soveraign , in the name of all the commons of this your kingdom , prostrate at the féet of your sacred majesty , most humbly to beséech you , even for the honor of almighty god , whose religion is directly undermined by the practice of that party whom this duke supports ; for your honor , which will be much advanced in the relieving of your people in this their great and general grievance ; for the honor , safety and welfare of your kingdom , which by this means is threatned with almost unavoidable dangers ; and for the love which your majesty as a good and loving father bears unto your good people , to whom we profess in the presence of almighty god ( the searcher of all hearts ) you are as highly estéemed and beloved as ever any of your predecessors were , that you would be graciously pleased to remove this person from access to your sacred presence , and that you will not ballance this one man with all these things , and with the affairs of the christian world , which do all suffer so far as they have relation to this kingdom , chiefly by his means . for we protest to your majesty , and to the whole world , that until this great person be removed from intermedling with the great affairs of state , we are out of hope of any good success ; and do fear that any money we shall or can give , will through his misimploiment be turned rather to the hurt and prejudice of this your kingdom , then otherwise , as by lamentable experience we have found in those large supplies we have formerly and lately given . but no sooner shall we receive redress and relief in this , ( which of all others is our most insupportable grievance ) but we shall forthwith proceed to accomplish your majesties own desire , for supply ; and likewise with all cheerfulness apply our selves to the perfecting of divers other great things , such as we think no one parliament in any age can parallel , tending to the stability , wealth , and strength , and honor of this your kingdom , and the support of your friends and allies abroad : and we doubt not but through gods blessing , as you are the best , so shall you ever be the best beloved , and greatest monarch that ever sate in the royal throne of this famous kingdom . the grounds and causes which the king held forth for dissolving of this , and the former parliament , appear in the ensuing declaration . the kings most excellent majesty , since his happy access to the imperial crown of this realm , having by his royal authority summoned and assembled two several parliaments ; the first whereof was in august last by adjournment held at oxford , and there dissolved ; and the other begun in february last , and continued until the fiftéenth day of this present moneth of june , and then to the unspeakable grief of himself , and ( as he believeth ) of all his good and well-affected subjects , dissolved also : although he well knoweth that the calling , adjourning , proroguing , and dissolving of parliaments , being his great council of the kingdom , do peculiarly belong unto himself by an undoubted prerogative inseparably united to his imperial crown ; of which , as of his other regal actions , he is not bound to give an accompt to any but to god only , whose immediate lieutenant and uicegerent he is in these his realms and dominions by the divine providence committed to his charge and government : yet forasmuch as by the assistance of the almighty , his purpose is , so to order himself , and all his actions , especially the great and publck actions of state , concerning the weal of his kingdoms , as may justifie themselves not only to his own conscience , and to his own people , but to the whole world ; his majesty hath thought it fit and necessary , as the affairs now stand both at home and abroad , to make a true , plain & clear declaration of the causes which moved his majesty to assemble , and after enforced him to dissolve these parliaments ; that so the mouth of malice it self may be stopped , and the doubts and fears of his own good subjects at home , and of his friends and allies abroad may be satisfied , and the deserved blame of so unhappy accidents may justly light upon the authors thereof . when his majesty by the death of his dear and royal father of ever blessed memory first came to the crown , he found himself engaged in a war with a potent enemy ; not undertaken rashly , nor without just and honorable grounds , but enforced for the necessary defence of himself and his dominions , for the support of his friends and allies , for the redéeming of the antient honor of this nation , for the recovering of the patrimony of his dear sister , her confort , and their children , injuriously and under colour of treaties and friendship taken from them , and for the maintenance of the true religion , and invited thereunto and encouraged therein by the humble advice of both the houses of parliament , and by their large promises and protestations to his late majesty , to give him full and real assistance in those enterprises which were of so great importance to this realm , and to the general peace and safety of all his friends and allies : but when his majesty entred into a view of his treasure , he found how ill provided he was to proceed effectually with so great an action , unless he might be assured to receive such supplies from his loving subjects , as might enable him to manage the same . hereupon his majesty being willing to tread in the steps of his royal progenitors , for the making of good and wholsom laws for the better government of his people , for the right understanding of their true grievances , and for the supply of monies to be imployed for those publick services , he did resolve to summon a parliament with all convenient spéed he might ; and finding a former parliament already called in the life of his father , he was desirous for the the spéedier dispatch of his weighty affairs , and gaining of time , to have continued the same without any alteration of the members thereof , had he not beacute ; en advised to the contrary by his iudges and council at law , for that it had béene subject to question in law , which he desired to avoid . but as soon as possibly he could , he summoned a new parliament , which he did with much confidence and assurance of the love of his people that those ( who not long before had with some importunity won his father to break off his former treaties with spain , and to effect it had used the mediation of his now majesty being then prince , and a member of the parliament , and had promised in parliament their uttermost assistance for the enabling of his late majesty to undergo the war which they then foresaw might follow ) would assuredly have performed it to his now majesty , and would not have suffered him in his first enterprise of so great an expectation , to have run the least hazard through their defaults . this parliament ( after some adjourment ( by reason of his majesties unavoidable occasions interposing ) being assembled on the eightéenth day of june , it is true , that his commons in parliament taking into their due and serious consideration the manifold occasions which at his first entry did press his majesty , and his most important affairs which both at home and abroad were then in action , did with great readiness and alacrity , as a pledge of their most bounden duty and thankfulness , and as the first fruits of the most dutiful affections of his loving and loyal subjects devoted to his service , present his majesty with the frée and cheerful gift of two entire subsidies : which their gift , and much more the freeness and heartiness expressed in the giving thereof , his majesty did thankfully and lovingly accept : but when he had more narrowly entred into the consideration of his great affairs wherein he was imbarqued , and from which he could not without much dishonor and disadvantage withdraw his hand , he found that this sum of money was much short of that which of necessity must be presently expended for the setting forward of those great actions , which by advice of his council he had undertaken , and were that summer to be pursued . this his majesty imparted to his commons house of parliament ; but before the same could receive that debate and due consideration which was fit , the fearful uisitation of the plague in and about the cities of london and westminster , where the lords and the principal gentlemen of quality of his whole kingdom were for the time of this their service lodged and abiding , did so much increase , that his majesty , without extreme peril to the lives of his good subjects , which were dear unto him , could not continue the parliament any longer in that place . his majesty therefore on the eleventh day of july then following , adjourned the parliament from westminster , until the first day of august then following , at the city of oxford . and his highness was so careful to accommodate his lords and commons there , that as he made choice of that place being then the fréest of all others from the danger of that grievous sickness , so he there fitted the parliament-men with all things convenient for their entertainment : and his majesty himself being in his own heart sincere and frée from all ends upon his people , which the searcher of hearts best knoweth , he little expected that any misconstruction of his actions would have béen made , as he there found . but when the parliament had béen a while assembled , and his majesties affairs opened unto them , and a further supply desired , as necessity required , he found them so slow , and so full of delays and diversions in their resolutions , that before any thing could be determined , the fearful contagion daily increased and was dispersed into all the parts of this kingdom , and came home even to their doors where they assembled . his majesty therefore rather preferred the safety of his people from that present and visible danger , then the providing for that which was more remot● , but no less dangerous to the state of this kingdom , and of the affairs of that part of christendom which then were , and yet are in friendship and alliance with his majesty . and thereupon his majesty not being then able to discern when it might please god to stay his hand of uisitation , nor what place might be more secure then other at a time convenient for their re-assembling , his majesty dissolved that parliament . that parliament being now ended , his majesty did not therewith cast off his royal care of his great and important affairs ; but by the advice of his privy-council , and of his council of war , he continued his preparations , and former resolutions ; and therein not only expended those monies which by the two subsidies aforesaid were given unto him for his own private use , whereof he had too much occasion as he found the state of his exchequer at his first entrance , but added much more of his own , as by his credit , and the credit of some of his servants he was able to compass the same . at last , by much disadvantage , by the retarding of provisions and uncertainty of the means , his navy was prepared and set to sea , and the designs unto which they were sent and specially directed , were so probable and so well advised , that had they not miscarried in the execution , his majesty is well assured they would have given good satisfaction not only to his own people , but to all the world , that they were not lightly or unadvisedly undertaken and pursued . but it pleased god , who is the lord of hosts , and unto whose providence and good pleasure his majesty doth and shall submit himself and all his endeavors , not to give that success which was desired : and yet were those attempts not altogether so fruitless as the envy of the times hath apprehended , the enemy receiving thereby no small loss , nor our party no little advantage . and it would much avail to further his majesties great affairs , and the peace of christendom , which ought to be the true end of all hostility , were these first beginnings , which are most subject to miscarry , well seconded and pursued , as his majesty intended , and as in the judgment of all men conversant in actions of this nature , were fit not to have béen neglected . these things being thus acted , and god of his infinite goodness beyond expectation asswaging the rage of the pestilence , and in a manner of a suddain restoring health and safety to the cities of london and westminster , which are the fittest places for the resort of his majesty , his lords and commons to meet in parliament ; his majesty in the depth of winter , no sooner descried the probability of a safe assembling of his people , and in his princely wisdom and providence foresaw , that if the opportunity of seasons should be omitted , preparations both defensive and offensive could not be made in such sort as was requisite for their common safety , but he advised and resolved of the summoning of a new parliament , where he might freely communicate the necessities of the state , and by the council and advice of the lords and commons in parliament , who are the representative body of the whole kingdom , and the great council of the realm , might proceed in these enterprises and be enabled thereunto , which concern the common good , safety and honor both of prince and people ; and accordingly the sixth of february last , a new parliament was begun . at the first meeting his majesty did forbear to press them with any thing which might have the least appearance of his own interest , but recommended unto them the care of making of good laws , which are the ordinary subject for a parliament . his majesty believing that they could not have suffered many days , much less many weeks to have passed by , before the apprehension and care of the common safety of this kingdom , and the true religion professed and maintained therein , and of our friends and allies , who must prosper , or suffer with us , would have led them to a due and a timely consideration of all the means which might best conduce to those ends ; which the lords of the higher-house , by a committee of that house did timely and seasonably consider of , and invited the commons to a conference concerning that great business : at which conference there were opened unto them , the great occasions which pressed his majesty ; which making no impression with them , his majesty did , first by message , and after by letters , put the house of commons in minde of that which was most necessary , the defence of the kingdom , and due and timely preparations for the same . the commons house after this , upon the of march last , with one unanimous consent at first agreed to give unto his majesty three intire subsidies , and three fifteens for a present supply unto him , and upon the of april after , upon second cogitations they added a fourth subsidy , and ordered the dayes of payment for them all , whereof the first should have been on the last day of this present june . upon this , the king of denmark and other princes and states being engaged with his majesty in this common cause , his majesty fitted his occasions according to the times which were appointed for the payment of those subsidies and fifteens , and hasted on the lords committees , and his council at war , to perfect their resolutions for the ordering and setling of his designs , which they accordingly did , and brought them to that maturity , that they found no impediment to a final conclusion of their councels , but want of mony to put things into action . his majesty hereupon , who had with much patience expected the real performance of that which the commons had promised , finding the time of the year posting away , and having intelligence not onely from his own ministers and sujects in forrein parts , but from all parts of christendom , of the great and powerfull preparations of the king of spain , and that his design was upon this kingdom , or the kingdom of ireland , or both , ( and it is hard to determine which of them would be of worst consequence ) he acquainted the house of commons therewith , and laid open unto them truly and clearly , how the state of things then stood , and yet stand , and at several times , and upon several occasions reiterated the same : but that house being abused by the violent and ill-advised passions of a few members of the house , for private and personal ends ill-beseeming publick persons , trusted by their country , as then they were , not onely neglected , but wilfully refused to hearken to all the gentle admonitions which his majesty could give them , and neither did nor would intend any thing but the prosecution of one of the peers of this realm , and that in such a disordered manner , as being set at their own instance into a legal way , wherein the proofs on either part would have ruled the cause , which his majesty allowed , they were not therewith content , but in their intemperate passions , and desires to seek for errors in another , fell into a greater error themselves , and not onely neglected to give just satisfaction to his majesty in several cases which happened concerning his regality , but wholly forgot their engagements to his majesty for the publick defence of the realm ; whereupon his majesty wrote the forementioned letter to the speaker , dated the ninth day of june . notwithstanding which letter read in the house , being a clear and gracious manifest of his majesties resolutions , they never so much as admitted one reading to the bill of subsidies , but instead thereof they prepared and voted a remonstrance or declaration , which they intended to prefer to his majesty , containing ( though palliated with glossing terms ) aswel many dishonorable aspersions upon his majesty , and upon the sacred memory of his deceased father , as also dilatory excuses for their not proceeding with the subsidies , adding thereto also coloured conditions crossing thereby his majesties direction , which his majesty understanding , and esteeming ( as he had cause ) to be a denial of the promised supply , and finding that no admonitions could move , no reasons or perswasions could prevail when the time was so far spent , that they had put an impossibility upon themselves to perform their promises , when they esteemed all gracious messages unto them to be but interruptions : his majesty upon mature advisement discerning that all further patience would prove fruitless , on the fifteenth day of this present moneth he hath dissolved this unhappy parliament : the acting whereof , as it was to his majesty an unexpressible grief , for the memory thereof doth renew the hearty sorrow which all his good and well affected subjects will compassionate with him . these passages his majesty hath at the more length and with the true circumstances thereof expressed and published to the world , least that which hath been unfortunate in it self , through the malice of the author of so great a mischief , and the malevolent report of such as are ill-affected to this state , or the true religion here professed , or the fears or jealousies of friends and dutifull subjects , might be made more unfortunate in the consequences of it , which may be of worse effect then at the first can be well apprehended ; and his majesty being best privy to the integrity of his own heart , for the constant maintaining of the sincerity and unity of the true religion professed in the church of england , and to free it from the open contagion of popery , and secret infection of schism , of both which by his publick acts and actions he hath given good testimony , and with a single heart , as in the presence of god , who can best judge thereof , purposeth resolutely ; and constantly to proceed in the due execution of either ; and observing the subtilty of the adverse party , he cannot but believe that the hand of joab hath been in this disaster , that the common incendiaries of christendom have subtilly and secretly insinuated those things which unhappily ( and as his majesty hopeth , beyond the intentions of the actors ) have caused these diversions and distractions : and yet notwithstanding , his most excellent majesty , for the comfort of his good and well-affected subjects , in whose loves he doth repose himself with confidence , and esteemeth it as his greatest riches ; for the assuring of his friends and allies , with whom , by gods assistance , he will not break in the substance of what he hath undertaken ; for the discouraging of his adversaries , and the adversaries of his cause , and of his dominions , and religion , hath put on this resolution , which he doth hereby publish to all the world , that as god hath made him king of this great people , and large dominions , famous in former ages both by land and sea , and trusted him to be a father and protector both of their persons and fortunes , and a defender of the faith , and true religion ; so he will go on cheerfully and constantly in the defence thereof , and ( notwithstanding so many difficulties and discouragements ) will take his scepter and sword into his hand , and not expose the persons of the people committed to his charge , to the unsatiable desires of the king of spain , who hath long thirsted after an universal monarchy , nor their consciences to the yoke of the pope of rome : and that at home he will take that care to redress the just grievances of his good subjects , as shall be every way fit for a good king. and in the mean time his majesty doth publish this to all his loving subjects , that they may know what to think with truth , and speak with duty , of his majesties actions and proceedings in these two last dissolved parliaments . given at his majesties palace at whitehall this thirtieth day of june , in the second year of his majesties reign of great-britain , france and ireland . moreover the king published a proclamation , taking notice of a remonstrance drawn by a committee of the late commons house , and by them intended to have been presented to him , wherein he said are many things contained to the dishonor of himself , and his royal father of blessed memory , and whereby through the sides of a peer of this realm they wound their soveraigns honor ; as also that some members of that house ill-affected to his service , to vent their own passions against that peer , and to prepossess the world with an ill opinion of him , before his cause were heard in a judicial way , have beforehand scattered copies of that intended declaration , thereby to detract from their soveraign . wherefore his majesty for the suppressing of this insufferable wrong to himself , doth command upon pain of his indignation and high displeasure , all persons of whatsoever quality , who have , or shall have hereafter any copies or notes of the said remonstrance , or shall come to the view thereof , forthwith to burn the same , that the memory thereof may be utterly abolished , and may never give occasion to his majesty to renew the remembrance of that , which out of his grace and goodness he would gladly forget . in another proclamation the king declaring his religious care of the peace of this church and commonwealth of england , and other his dominions , and taking notice that in all ages great disturbances both to church and state , have ensued out of small beginnings , when the seeds of contention were not timely prevented ; and finding that of late some questions and opinions seem to have been broached in matters of doctrine and tenents of our religion , at first onely intended against papists , have afterwards by the sharp and indiscreet handling of some of either party , given much offence to the sober and well grounded readers , and raised some hopes in the roman catholicks , that by degrees the professors of our religion may be drawn first to schism , and afterwards to plain popery . his majesty in the integrity of his own heart , and singular providence for the peaceable government of that people , which god hath committed to his charge , hath thought fit , by the advice of his reverend bishops , to declare and publish , not onely to his own people , but also to the whole world , his utter dislike of all those , who to shew the subtilty of their wits , or to please their own humors , or vent their own passions , shall adventure to start any new opinions , not onely contrary to , but differing from the sound and orthodox grounds , of true religigion , established in the church of england ; and also to declare his full and constant resolution , that neither in doctrine nor discipline of the church , nor in the government of the state , he will admit of the least innovation , but by gods assistance will so guide the scepter of these kingdoms , as shall be most for the comfort and assurance of his sober , religious and well-affected subjects , and for the repressing and severe punishing of the insolencies of such , as out of any sinister respects , or disaffection to his majesties person or government , shall dare either in church or state , to disturbe the peace thereof ; wherefore he doth straitly charge and command all his subjects of his realms of england and ireland , of what degree soever , especially thes● who are church-men , from hence-forth to carry themselves so wisely , warily and conscionably , that neither by writing , preaching , printing , conferences , or otherwise they raise , publish or maintain any other opinions concerning religion , then such as are clearly warranted by the doctrine , and discipline of the church of england , 〈◊〉 by authority . and enjoyneth his reverend archbishops and bishops in their several diocesses speedily to reclaim and repress all such spirits , as shall in the least degree attempt to violate this bond of peace ; and all the ministers of justice were required to execute his majesties pious , and royal pleasure herein expressed ; and if any shall take the boldness to neglect this gracious admonition , his majesty will proceed against such offenders with that severity , as their contempt shall deserve , that by their exemplary punishment others may be warned , and that those that be studious of the peace and prosperity of this church , and commonwealth , may bless god for his majesties pious , religious , wise , just and gracious government . the effects of this proclamation how equally soever intended , became the stopping of the puritans mouths , and an uncontrouled liberty to the tongues and pens of the arminian party . shortly after an information was preferred by the kings special command in the star-chamber , against the duke of buckingham , for high offences and misdemeanors ; wherein he was charged ( amongst other things ) with the particulars mentioned in the last article exhibited against him , by the house of commons , concerning the plaister applied to king iames. to which , the duke put in his answer , and divers witnesses were examined . but the cause came not to a judicial hearing in the court , as it is afterwards expressed . and now the king taking into consideration the present streights and inconveniencies , into which the revenue of the crown was faln ; and the pressing necessity of his affairs , did by the advice and instance of his council , resolve and declare , that all men of what quality and condition soever , shall from henceforth upon pain of his displeasure , forbear for two years space to present or solicite any suit for any thing prohibited in the book of bounty , published in king iames his time , or any other things that shall import the diminution of his majesties revenue . and for the advancement of the said revenue arising by customs , subsidies , and imposts upon all goods and merchandizes exported and and imported . the privy council declared , that it hath been constantly continued for many ages , and is a principal and most necessary part of the revenue of the crown , and that in the two last parliaments it hath been thought upon , but could not be setled by their authority by reason of their dissolution , before the matters therein treated could be brought to perfection : nevertheless , that it was then intended to have been confirmed by parliament , as it hath been from time to time by many descents and ages . whereupon they ordered , that all such duties and merchandizes shall be levied and paid : and they advised the king , that the attorney general prepare for his majesties signature , an instrument which may pass under the great seal of england , to declare his pleasure therein , until by parliament , as in former times , it may receive an absolute settlement : which passed the great seal accordingly . the forfeitures arising to the crown by the execution of the laws against priests , jesuites , and popish recusants , were dedicated to the vast and growing charge of the designs in hand . and complaint being made against inferior officers , whose service was herein employed , that they had misdemeaned themselves , to the oppressing of recusants , without advantage to the king. commissioners of honorable quality were appointed for the regulating of these proceedings , yet no liberty given to the encouragement or countenance of such dangerous persons , as might infect the people , or trouble the peace of church and state. the king therefore grants a commission under the great seal , directed to the most reverend father in god , toby , archbishop of york , sir iohn savile knight , sir george manners , sir henry slingsby , sir william ellis knights , and to divers other knights and gentlemen , and therein recites , that his majesty hath received credible information of the great loss and damages which the kings subjects living in maritime towns , especially in the northern parts , do suffer by depredations , attempts , and assaults at sea from foreign enemies , whereby trade from those parts are interrupted , and the city of london much endamaged for want of coals and other commodities , usually transported thither from newcastle upon tine : for redress of which evil , his majesty doth think fit to appropriate and convert all such debts , sums of money , rents , penalties , and forfeitures of all recusants inhabiting in the counties of york , durham , northumberland , cumberland , westmorland , lancaster , nottingham , derby , stafford , and chester , which at any time have grown due since the tenth year of king james , and are not yet satisfied , or which hereafter shall grow due by reason of any law or statute against recusants , to be employed for the maintenance , provision , arming , manning , victualling , and furnishing of six able ships of war for guarding and defending the coast of this realm , from the furthest north-east point of the sea , unto the mouth of the river of thames , his majesty further expressing in the said commission , that his subjects who are owners of coal●pits , the oast-men of newcastle upon tine , owners of ships , and merchants , buyers and sellers of newcastle coals , have béen and are willing to contribute and pay for every chaldron for the uses aforesaid . wherefore his majesty upon the considerations before-mentioned , doth by his said commission give power unto the said commissioners , or any four or more of them to treat and make composition and agréement with the said recusants , inhabiting within the said counties , for leases of all their manors , lands , tenements , &c. within those counties for any term of years , not excéeding one and forty years ; and for all forfeitures due since the tenth year of king james for their recusancy , in not going to church to hear divine service , according to the laws and statutes of this realm , under such condition and immunities , as they or any four of them shall sée méet and convenient , according to such instructions as his majesty hath or shall give for that purpose ; his majesty rather desiring their conversion then destruction . and such leases his majesty doth declare , made to the said recusants themselves , or to any persons for their use , shall be good and effectual , any law or statute to the contrary notwithstanding . and by the said commission sir iohn savile was appointed receiver of all such sums of money as shall be paid upon these leases ; and mr. alexander davison of the town of newcastle upon tine , merchant adventurer , was appointed to receive out of the voluntary and free-wil contribution of the owners , buyers , and sellers of coals , the six pence per chaldron of coals . in pursuance of this commission , the recusants did make their composition upon very easie terms , as was afterwards complained of in parliament . a proclamation was published , declaring the kings resolution to make his revenue certain , by granting his lands , as well holden by copy , as otherwise , to be holden in fee-farm . to the nobles , the king sent particularly to let them know , that according to the presidents of former times , wherein the kings and queens of england , upon such extraordinary occasions , have had recourse to those contributions which arose from the subjects in general , or to the private helps of some that were well affected ; he doth now expect from them such a large and chearful testimony of their loyalty , as may be acceptable to himself , and exemplary to his people . his majesty demanded of the city of london the loan of an hundred thousand pounds . but the peoples excuses were represented to the council table by the magistrates of the city : immediately the council sent a very strict command to the lord major and aldermen , wherein they set forth the enemies strong preparations as ready for an invasion , and the kings great necessities , together with his gratious and moderate proposals in the sum required , and the frivolous pretences upon which they excuse themselves : wherefore they require them , all excuses being set apart , to enter into the business again , and to manage the same , as appertaineth to magistrates so highly intrusted , and in a time of such necessities , and to return to his majesty a direct and speedy answer , that he may know how far he may relie upon their faith and duty ; or in default thereof , may frame his counsels as appertaineth to a king in such extream and important occasions . moreover , a peculiar charge was laid upon the several ports and maritime counties to furnish and set out ships for the present service . the privy council expressing his majesties care and providence to guard his own coasts , against attempts from spain or flanders , by arming as well the ships of his subjects , as of his own navy , made a distribution to every port , that with the assistance and contribution of the counties adjoyning , they prepare so many ships as were appointed to them severally ; and in particular the city of london was appointed to set forth twenty of the best ships that lay in the river , with all manner of tackle , sea-stores , and ammunition , manned and victualled for three moneths . the deputy lieutenants , and justices of the peace of dorset , having received the kings commandment for the setting forth of ships from the ports of pool , weymonth , and lime , with the assistance of contribution from the counties adjoyning , presented to the council table an excuse in the behalf both of the ports and county , and pleaded , that the case was without president . the council gave them a check , for that instead of conformity they disputed the case , letting them know , that state occasions , and the defence of the kingdom in times of extraordinary danger , were not to be guided by ordinary presidents . in like manner the lord major and commonalty of london petitioned the council for an abatement of the twenty ships rated upon them , unto ten ships and two pinnaces , alleadging disability ; whereunto the council gave this following answer , that the former commandement was necessary , the preservation of the state requiring it ; and that the charge imposed on them was moderate , as not exceeding the value of many of their private estates : that petitions and pleadings to this command , tend to the danger and prejudice of the commonwealth , and are not to be received : that as the commandment was given to all in general , and every particular of the city ; so the state will require an accompt both of the city in general , and of every particular . and whereas they mention presidents , they might know , that the presidents of former times , were obedience , not direction ; and that presidents were not wanting for the punishment of those that disobey his majesties commands , signified by that board , which they hope shall have no occasion to let them more particularly understand . hereupon the citizens were glad to submit , and declared their consent to the kings demands , and by petition to the council had the favor to nominate all the officers of those twenty ships , the captains onely excepted , the nomination of whom appertained to the lord high admiral of england . then there were likewise issued forth privy seals to several persons , to others the way of benevolence was proposed . and because the late parliament resolved to have given the king four subsidies and three fifteens , the sums which the king required , were according to that proportion . and to prevent misunderstandings , it was declared unto the countrey , that the supplies now demanded were not the subsidies and fifteens intended to be given by the parliament , but meerly a free gift from the subject to the soveraign , upon such weighty and pressing occasions of state. the justices of peace in the several counties were directed by the privy council to send for persons able to give , and to deal with them singly , by using the most prevailing perswasions . amidst these preparations , the kingdom being exposed to dangers , both forein and domestick ; a general fast was observed on the fifth of iuly , in the cities of london and westminster , and places adjacent ; and on the second of august throughout the kingdom , to implore a blessing upon the endeavors of the state , and the diverting of those judgments which the sins of the land deserve and threaten . and for the defence of this realm , threatned with a powerful invasion , extraordinary commissions were given to the lords lieutenants of the several counties , to muster the subjects of whatsoever degree or dignity , that were apt for war , and to try and array them , and cause them to be armed according to their degrees and faculties , as well men of arms as other horsmen , archers and footmen , and to lead them against publick enemies , rebels , and traytors , and their adherents , within the counties of their lieutenancy , to repress , slay , and subdue them , and to execute martial law , sparing and putting to death according to discretion . and in case of invasions , insurrections , rebellions , and riots , without the limits of their respective counties , to repair to the places of such commotions , and as need required to repress them by battel , or any forcible means , or otherwise either by the law of this realm , or the law martial . in like manner , lest the deserting of the coasts , ports , and sea towns , should expose those places to become a prey , and invite the enemy to an invasion , the inhabitants and those that had withdrawn themselves to inland places , were required to return with their families , and retinues , and there to abide during those times of hostility and danger . and for securing of the coasts from spain or flanders , some of the kings ships were employed in the river elbe , to prevent the furnishing of spain from those parts with materials for shipping , which occasioned a great discontent in those of hamburgh ; for that their neighbors of lubeck , and other towns of the east sea , were free from this restraint , insomuch that they resolved to force their passage by a fleet of fifty or threescore sail of ships . whereupon the lord admiral informed the council , that his majesties charge at hamburgh was expended to little purpose , except also the sound could be shut up against all shipping that should carry prohibited commodities , especially since the hamburgers send their commodities by land to lubeck , to be transported from thence into spain ; and that the states , and the king of denmarks ships are departed from the elbe , and have left the english alone . moreover the king prepared a royal fleet , which was now at portsmouth , ready to put to sea under the command of the lord willoughby , and given out to be designed for barbary . the king of denmark having put forth a declaration of the causes and grounds wherefore he took up arms against the emperor , declared one cause thereof to be , forasmuch as the elector palatine by the procurement of the king of great britain , and him the king of denmark had offered his submission to his imperial majesty , and to crave pardon ; and thereupon was in hopes to have his patrimony with the dignities of his ancestors restored : yet notwithstanding the emperor did still commit great spotles and acts of hostility in his countrey , giving no regard to the said submission , and had much damnified the lower saxony by the forces which he had brought thither under tilly. whereupon ( he sayes ) the princes of the lower saxony have desired the aid and assistance of him the king of denmark , to settle the peace and liberty of germany , who was resolved to take up arms , and with whom he was resolved for to joyn , having the like assurance from the king of great britain , who had déeply engaged to assist in this war , for the restitution of the elector palatine . therefore the king of denmark declares , that séeing all prayers , mediations , and accessions cannot prevail with his imperial majesty , he will endeavor to procure a peace and settlement by force , which he should have béen glad would have béen ordained unto him upon fair terms of treaty . in the beginning of the year , divers towns were taken by the king of denmark , and some retaken by tilly , but the seven and twentieth of august decided the controversie ; on which day , the king of denmark upon the approach of tilly , ( desiring to decline battel with the emperors old soldiers , many of his own men being new levied soldiers ) endeavored to make his retreat ; but tilly followed so close his rear-guard , that he kept them in continual action , till the king of denmark saw no remedy , but that he must either fight , or lose the rear of his army and train of artillery . whereupon his commanders advised him to resolve of a place of advantage , and face about , and give battel ; which accordingly they did , and both armies drew up near luttern ; the denmark forces had the advantage of the ground , tilly being much scanted in the rear of his army , for want of ground to place his reserves in . the dane stood to the shock a while , but was presently put to his retreat , and all his infantry dispersed , train of artillery taken , and two and twenty peeces of cannon . he lost many great commanders in the fight , and many were taken prisoners . in the moneth of september , the king being informed of the disaster that had befaln his uncle ( and principally also ) the king of denmark , whose engagement was chiefly for the cause of the elector palatine , commanded his council to advise by what means and ways he might fitly and speedily be furnished with moneys suitable to the importance of the undertaking . hereupon , after a consultation of divers days together , they came to this resolution , that the urgency of affairs not admitting the way of parliament , the most speedy , equal , and convenient means were by a general loan from the subject , according as every man was assessed in the rolls of the last subsidy . upon which result , the king forthwith chose commissioners for the loan , and caused a declaration to be published , wherein he alledged for this course of supply , the reasons set down at large in his late declaration touching the dissolution of the parliament . adding further , that the urgency of the occasion would not give leave to the calling of a parliament , but assuring the people that this way should not be made a president for the time to come , to charge them or their posterity to the prejudice of their just and antient liberties enjoyed under his most noble progenitors ; endeavoring thereby to root out of their mindes the suspition that he intended to serve himself of such ways , to the abolishing of parliaments : and promising them in the word of a prince , first , to repay all such sums of money as should be lent without fee or charge , so soon as he shall in any ways be enabled thereunto , upon shewing forth the acquittance of the collectors , testifying the receipt thereof . and secondly , that not one penny so borrowed , should be bestowed or expended but upon those publick and general services , wherein every of them , and the body of the kingdom , their wives , children , and posterity , have their personal and common interest . private instructions were given to the commissioners , how to behave themselves in this negotiation . as first , that they should themselves , for a good example to others , lend unto his majesty the several sums of money required of them , testifying it by their names , with their own hands , that when they shall in his majesties name require others to lend , they may discern the said commissioners forwardness . secondly , to take for their guide those rates at which men were assessed in the book of the last subsidy , and to require the loan of so much money , as the entire rate and value comes to , at which they are rated , and set ; as ( namely ) he that is set at a hundred pounds in goods , to lend a hundred marks ; and he that is set at a hundred pounds in land , to lend a hundred pounds in money ; and so per rata for a greater or lesser sum . thirdly , to use all possible endeavors to cause every man willingly and chearfully to lend , opening unto them the necessity and unavoidableness of this course , the honor and reputation of the nation , the true religion , and common safety of prince and people , of our friends and allies engaged in the common cause ; that there is no time now of disputing , but of acting . fourthly , that they appoint the days of payment to be within fourteen days , and perswade such as shall be able , to pay it at one entire payment , the better to accommodate his majesties occasion , otherwise to accept of the one half at fourteen days , and the other to be paid before the twentieth of december , now next coming . fifthly , that they treat apart with every one of those that are to lend , and not in the presence or hearing of any other , unless they see cause to the contrary . and if any shall refuse to lend , and shall make delayes , or excuses , and persist in their obstinacy , that they examine such persons upon oath , whether they have been dealt withal to deny , or refuse to lend , or to make an excuse for not lending ? who hath dealt so with him , and what speeches or perswasions he or they have used to him , tending to that purpose ? and that they shall also charge every such person in his majesties name , upon his allegiance , not to disclose to any other what his answer was . sixthly , that they shew their discretion and affections by making choice of such to begin with , who are likely to give the best examples ; and when they have a competent number of hands to the roll or list of the leaders , that they shew the same to others to lead them in like manner . seventhly , that they endeavor to discover , whether any publickly , or underhand , be workers or perswaders of others to dissent from , or dislike of this course , or hinder the good disposition of others . and that , as much as they may , they hinder all discourse about it , and certifie to the privy council in writing the names , qualities , and dwelling places of all such refractory persons with all speed , and especially if they shall discover any combination or confederacy against these proceedings . eightly , that they let all men know whom it may concern , that his majesty is well pleased upon lending these sums required , to remit all that which by letters in his name was desired upon the late benevolence for free grant ; and what ever hath been already paid upon that account , shall be accepted for part of this loan ; and if it exceed the sum desired , that the overplus shall be repaid without fee or charge ; so likewise for privy seals , if any have been already paid : but if not , that the agreeing of the loan of the sum required , be excused of the payment of the privy seal . ninethly , that they admit of no suit to be made , or reasons to be given for the abating of any sum , the time and instant occasion not admitting any such dispute , which would but disturbe and protract the sheriff . lastly , the commissioners were required and commanded upon their faith and allegiance to his majesty , to keep secret to themselves , and not to impart or disclose these instructions to others . to the imposition of loan , was added , the burthen of billeting of soldiers formerly returned from cadiz , and the moneys to discharge their quarters were for the present levied upon the countrey , to be repaid out of sums collected upon the general loan . the companies were scattered here and there in the bowels of the kingdom , and governed by martial law : the king gave commissions to the lords lieutenants and their deputies , in case of felonies , robberies , murders , outrages , or misdemeanors , committed by mariners , soldiers , or other disorderly persons joyning with them , to proceed according to certain instructions , to the tryal , judgment , and execution of such offenders , as in time of war ; and some were executed by those commissions . nevertheless , the soldiers brake out into great disorders ; they mastered the people , disturbed the peace of families , and the civil government of the land ; there were frequent robberies , burglaries , rapes , rapines , murthers , and barbarous cruelties : unto some places they were sent for a punishment ; and where ever they came , there was a general outcry . the high-ways were dangerous , and the markets unfrequented ; they were a terror to all , and an undoing to many . divers lords of the council were appointed to repair into their several countreys , for the advancement of the loan , and were ordered to carry a list of the names , as well of the nobility and privy counsellors , as of the judges , and serjeants at law , that had subscribed to lend , or sent in money for the publick service , to be a patern and leading example to the whole nation . but sir randolph crew shewing no zeal for the advancing thereof , was then removed from his place of lord chief justice , and sir nicholas hide succeeded in his room : a person , who for his parts and abilities , was thought worthy of that preferment , yet nevertheless came to the same with a prejudice , coming in the place of one so well beloved , and so suddenly removed ; but more especially by reason the duke appeared in his advancement , to express a grateful acknowledgment to that knight , for the care and pains he took in drawing the dukes answer to the impeachment in parliament against him . this business of the loan occasioned a complaint to the lords of the council , against the bishop of lincoln , for publickly speaking words concerning it , which was conceived to be against the king and government . whereupon sir iohn lamb , and dr. sibthorpe , informed the council to this purpose , that many were grieved to see the bishop of lincoln give place to unconformable ministers , when he turned his back to those that were conformable ; and how the puritans ruled all with him , and that divers puritans in leicestershire being convented , his lordship would not admit proceedings to be had against them . that dr. sibthorpe being desired to stay at leicester this year , as commissary for the high commission there , the countrey being much over-spread with puritanism , sir iohn lamb and the said doctor , did inform the bishop of lincoln , then at bugden , what factious puritans there were in the county , who would not come up to the table to receive the communion kneeling ; and that there were unlawful fasts and meetings kept in the county ; and one fast that held from nine in the forenoon , till eight at night ; and that collections for moneys were made without authority , upon pretence for the palatinate : and therefore they desired leave from the bishop to proceed against those puritans ex officio . the said bishop replied , he would not meddle against the puritans , for his part he expected not another bishoprick ; they might complain of them , if they would , to the council table ; for he was under a cloud already , and he had the duke of buckingham for his enemy ; and he would not draw the puritans upon him , for he was sure they would carry all things at last : besides , he said , the king in the first year of his reign , had given answer to a petition of the lower house , in favor of the puritans * . it appeared also by the information of others who were present at the conference at bugden , that sir iohn lamb , and dr. sibthorpe , did notwithstanding the bishops aversness , again press the bishop to proceed against the puritans in leicestershire ; the bishop then asked them what manner of people they were , and of what condition ? for his part he knew of none . to which sir iohn lamb replied ( dr. sibthorpe being present ) that they seem to the world to be such as would not swear , whore , nor drink , but yet would lie , cozen , and deceive : that they would frequently hear two sermons a day , and repeat the same again too ; and afterwards pray , and sometimes fast all day long . then the bishop asked , whether those places where those puritans were , did lend money freely upon the collection of the loan ? to which sir iohn lamb and dr. sibthorpe replied , that they did generally resolve to lend freely : then said the bishop , no man of discretion can say , that that place is a place of puritans : for my part ( said the bishop ) i am not satisfied to give way to proceedings against them . at which dr. sibthorpe was much discontented , and said , he was troubled to see that the church was no better regarded . these informations being transmitted to the council table , were ordered to be sealed up and committed to the custody of mr. trumbal , one of the clerks of the council ; nevertheless , the bishop of lincoln used such means as he got a copy of them . for which , and some other matters , an information was afterwards preferred against him in the star-chamber . of which more at large , when we come in our next volume to treat of the great and high proceedings of that court. bishop laud , not long before this passage with the bishop of lincoln , was informed , that the bishop of lincoln endeavored to be reconciled to the duke ; and that night that he was so informed , he dreamed , that the bishop of lincoln came with iron chains , but returned freed from them : that he leaped upon a horse , departed , and he could not overtake him . the interpretation of this dream may ( not unfitly ) be thus applied . his chains might signifie the imprisonment of the bishop of lincoln afterwards in the tower ; his returning free , to his being set at liberty again at the meeting of the parliament ; his leaping on hors-back , and departing ; to his going into wales , and there commanding a troop in the parliaments service ; and that bishop laud could not overtake him , might portend that himself should become a prisoner in the same place , and be rendred thereby incapable to follow , much less to overtake him . at this time the king had six thousand foot soldiers in the service of the united provinces , under the command of sir charls morgan , sir edward herbert , sir iohn burlacy , sir iames leviston , &c. for the assistance of the states , against the increasing power of spinola . upon the present occasion , these forces were called off from the states services , to joyn with the king of denmark , under the command of sir charls morgan , against the common enemy , the king of spain , and his adherents . some few moneths after , one thousand three hundred foot more were embarqued at hull , to be transported by captain conisby to the town of stoad in germany , and there to be delivered over to the charge of the aforesaid sir charls morgan , general of the english forces in the service of the king of denmark ; a person of known valor , and fit for conduct of an army . but the assessment of the general loan did not pass currantly with the people ; for divers persons refused to subscribe their names , and to lend after the rate propounded ; and among others , certain of the parish of clement danes , the savoy , the dutchy , and other parts within the liberties of westminster , who first alledged poverty : whereunto reply was made , that if they would but subscribe , their ability should be enquired off before any thing were levied upon them ; and in case they were found unable , they should be discharged , notwithstanding what they had under written ; and unto some of them , the money demanded , was proffered to be given them : nevertheless , they afterwards absolutely refused to subscribe their names , or to say , they were willing to lend , if able . whereupon the council directed their warrant to the commissioners of the navy , to impress these men to serve in the ships ready to go out in his majesties service . the non-subscribers of higher rank and rate , in all the counties , were bound over by recognisance , to tender their appearance at the council table , and performed the same accordingly , and divers of them were committed to prison ; but the common sort to appear in the military-yard near st. martins in the fields , before the lieutenant of the tower of london , by him to be there inrolled , among the companies of soldiers ; that they who refused to assist with their purses , should serve in their persons for the common defence . the same loan being demanded of the societies and inns of court , the benchers of lincolns inn received a letter of reproof , from the lords of the council , for neglecting to advance the service in their society , and to return the names of such as were refractory . and for the advancement of the said loan , doctor sibthorpe now publishes in print , a sermon preached by him at northampton , february the two and twentieth , one thousand six hundred twenty and six , at lent assizes , entituled , apostolick obedience . this book was licenced by the bishop of london , who did approve thereof , as a sermon learnedly and discreetly preached . it was dedicated to the king , and expressed to be the doctors meditations , which he first conceived upon his majesties instructions unto all the bishops of this kingdom , fit to be put in execution , agreeable to the necessity of the times ; and afterwards brought forth upon his majesties commission , for the raising of moneys by way of loan . his text was romans . . render therefore to all their dues . among other passages he had this , and seriously consider , how as jeroboam took the opportunity of the breach betwixt rehoboam and his subjects , to bring idolatry into israel : so the papists lie at wait , if they could finde a rent between our soveraign and his subjects ( which the lord forbid ) to reduce superstition into england . i speak no more then what i have heard from themselves , whilst i have observed their forwardness to offer double according to an act of parliament so providing , yea , to profess , that they would depart with the half of their goods . and how , or why can this forwardness be in them , but in hope to cast the imputation of frowardness upon us ? and so to seem ( that which the iesuite will not suffer them to be ) loving and loyal subjects . also the said sermon holds forth , that the prince who is the head , and makes his court and council , it is his duty to direct and make laws , eccles. . and . he doth whatsoever pleases him . where the word of the king is , there is power ; and who may say unto him ▪ what doest thou ? and in another place , he saith , if princes command any thing which subjects may not perform , because it is against the laws of god , or of nature , or impossible : yet subjects are bound to undergo the punishment , without either resistance , or railing , or reviling , and so to yield a passive obedience where they cannot exhibite an active one . i know no other case , saith he , but one of those three , wherein a subject may excuse himself with passive obedience , but in all other he is bound to active obedience . it is not our purpose to repeat his sermon , the reader may at leisure inform himself more fully by the printed copy . doctor roger manwaring promoted the same business in two sermons preached before the king and court at whitehal , wherein he delivered for doctrine to this purpose . that the king is not bound to observe the laws of the realm concerning the subjects rights and liberties , but that his royal will and command in imposing loans and taxes , without common consent in parliament , doth oblige the subjects conscience upon pain of eternal damnation . that those who refused to pay this loan , offended against the law of god , and the kings supream authority , and became guilty of impiety , disloyalty , and rebellion : and that the authority of parliament is not necessary for the raising of aids , and subsidies ; and that the flow proceedings of such great assemblies , were not fitted for the supply of the states urgent necessities , but would rather produce sundry impediments to the just designs of princes . the papists at this time were forward and liberal on this occasion , insomuch , that it was said in those times , that in the point of allegiance then in hand , the papists were exceeding orthodox , and the puritans were the onely recusants . distastes and jealousies had for a while been nourished between the courts of england and france , which seemed to have risen from disputes and differences about the government of the queens family . by the articles of marriage it was agreed , that the queen should have a certain number of priests for her houshold chaplains , together with a bishop who should exercise all ecclesiastical jurisdiction in matters of religion . these with other romish priests within this realm , began to practise and teach , that the pope upon the marriage treaty , assumed to himself , or his delegates , the jurisdiction of the queens whole family , especially the institution and destitution of the ecclesiasticks ; and that the king of england had no power to intermeddle therein , because he was an heretick , the pope threatning to declare those to be apostates that should seek their establishment from the king. likewise the queen insisted to have the ordering of her family , as her self pleased , and the naming of her officers and servants ; and being therein crossed , did somewhat distaste the king , and unkindness grew between them . these things the king represented to his brother of france , imputing the same to the crafty and evil counsels of her servants , rather then to her own inclination ; and so declared , he could no longer bear with those that were the known causes and fomenters of these disturbances , but would presently remove them from about his wife , if there were nothing more then this , that they had made her go to tiborne in devotion to pray there . which action ( as it was reported , his majesty said ) can have no greater invective made against it , then the bare relation ; yet his majesty acknowledged , that the deportment of some of them , was without offence ; but others of them had so much abused his patience , and affronted his person ( reflecting most upon madam saint george ) that he was resolved no longer to endure it . so the king dismissed and sent back into france the queens retinue of french ( first paying all that was due for wages or salaries ) and gave the king of france an account of the action by the lord carlton , for the preserving of their mutual correspondency and brotherly affection . but this dismission was ill resented in france , and audience denied to the lord carlton , and the matter was aggravated high at the french court , as a great violation of the articles of the marriage . and those persons who returned into france ( being for the most part yonger-brothers , and had parted with their portions at home , in expectation of raising their fortunes in the service of the queen of england ) did heighten the discontent . this jarring with france , breaks forth to a publick war , and king charles is at once engaged against two great and mighty princes . it is not our purpose to relate the particulars of those private transactions which were here in england , concerning the preparing of a fleet and army , nor how the same was managed at first by an abbot , who had relation to the duke of orleance , and had been disobliged by cardinal richlieu . this man was full of revenge against the cardinal , and labored much ( and at last effected ) the dismissing of the french about the queen ; his cheif end therein was , to put an affront upon richlieu , and withal to heighten the differences between the two crowns of england and france ; to which purpose he remonstrated to the duke of buckingham , the commotions and discontents that were in france , and how hardly the protestants there were treated , notwithstanding the edict of peace procured by the mediation of the king of great britain . this abbots negotiation with the duke , procured the sending of devic from the king of england to the duke of rhoane , who was drawn to engage to raise four thousand foot , and two hundred horse , upon the landing of the english army in france , but not before . this private transaction was also managed by mr. walter montague , but in another capacity : the duke of sobiez and monsieur st. blanchard , contributed their endeavors also to hasten the fleet , and the raising of the army in england against the french , for the relief of those of the reformed religion there . the king declared as a ground of his war with france , that the house of austria ( conspiring the ruine of all those of the reformed religion throughout christendom , as ( he said ) plainly appeared in the affairs of germany ) had such an influence upon the council of france , as to prevail with them to obstruct the landing of count mansfields army , contrary to promise , with whom the french should have joyned forces , for the relief of the palatinate and the german princes ; which failer of performance in them , proved the ruine of that army , the greatest part whereof perished , and was by consequence the loss of the whole protestant party in germany . his majesty further declared , that having by his mediation prevailed for a peace between the french king and his protestant subjects , and engaged his word , that the protestants should observe the articles of agreement : nevertheless , the king of france contrary to the said articles , blocked up their towns , garisons , and forts , and had committed many spoils upon them , when they had done nothing in violation of the edict of peace . and that the king of france had committed an example of great injustice in full peace , to seise upon one hundred and twenty english ships , with all their merchandise and artillery ; for which reasons , the king was resolved to send a powerful army and navy to require satisfaction . the duke of buckingham was made admiral of this fleet , and commander in chief of the land forces , and had a commission to that purpose , wherein it is expressed , that his majesty hath taken into his princely consideration , the distressed estate of his dear brother-in-law , and onely sister , the prince and princess elector palatine , and their children , and finding himself in nature and honor nearly bound unto them ; at their request , and for their just relief , in recovering their rightful patrimony taken from them , by the advice of his privy council , did the last year , prepare and set out to sea , a royal fleet for sea-service ; for performance of such services , as on his brother-in-laws and sisters behalf , his majesty had designed . and for the doing of those designs , and for the honor and safety of his people , his majesty hath now prepared a new fleet , which he intends with all convenient expedition to set out , to be employed as well by way of offence as of defence , as shall be most behoveful for his said brother-in-law his service ; and therefore doth by the said commission appoint the duke of buckingham to be admiral , captain-general , and governor of his said royal fleet , with such soldiers and land-forces as shall be conveyed therein , for the accomplishment of such execution and employment as they shall be designed unto , according to such private instructions as his majesty shall give unto the said duke . his majesty by the said commission giving to the duke power to lead and conduct the said navy and army , and with them to fight against his said brother-in-law , and sisters enemies , or the enemies of the crown of england ; and to advance to the order of knighthood , such persons employed in the fleet , forces , and supplies , as by their valor , desert , and good service in this expedition shall be thought fit in his the said dukes discretion to merit the same , and as to the office of captain-general doth appertain . on the seven and twentieth of iune the duke set fail from portsmouth , ( in order to the relief of the palatinate ) with the fleet , consisting of one hundred fail of ships , whereof ten were of the kings royal navy , having aboard about six or seven thousand land-soldiers ; and towards the latter end of iuly he appeared with his fleet before rochel , who once much longed for their coming , but now shut their gates at their appearance . hereupon the duke of sobiez went a shore with sir william beecher from the duke of buckingham , ( sir william beecher being also accompanied with a letter of credence from his majesty of great britain ) they were at last admitted into the town ; and the magistrates called an assembly , and there sir william beecher declared unto them , that the duke of buckingham was come with a great fleet and army to their assistance , which his master had sent out of a fellow-feeling of their sufferings , and to require from the king of france a performance of the articles of peace , made by the king of englands mediation , on the behalf of the protestants in france . and further declared unto them , that if they do now refuse to give their assistance , by joyning forces with the english , he said he would , and did protest before god and man , in the name of the king his master , that his said master was fully acquit of his engagement of honor and conscience for their relief . but notwithstanding this declaration , and sobiez his earnest solicitation and endeavor , the magistrates and wealthier sort of people in the town , ( being possessed with the fear of the king of france his army , then upon a march against them ; and there being a court party also prevalent in the town ) could be drawn to give no other answer at that time , but this , that they did render all humble and hearty thanks to his majesty of great britain for the care he had of them ; and to the duke , for his forwardness and readiness to do his best service for their good ; but said , they were bound by oath of union , to do nothing but by the common and unanimous consent of the rest of the protestant party in france : and therefore prayed the king of great britain to excuse them , in that they did suspend the conjunction of forces , till they had sent to the rest of the protestant towns , who were of the union with them : and in the mean time , their prayers and vows should be for the happy progress of such actions as the fleet and army should undertake . notwithstanding this answer , sobiez had strong assurance from a well-affected party in the town , that they could and would be able to preserve the same , for the encouragement of the english , and to assist them also with supplies from thence . when sobiez went from the fleet into rochel , with sir william beecher , the duke of buckingham was pleased to communicate his design to sobiez , by reason of his knowledge of the countrey , as well as for his interest in that kingdom , to raise forces ; that his full purpose and intention was to land his army in the isle of oleran , near unto rochel , and not at the isle of rhee , being a little further distant : which sobiez well approved of , as a thing feasible at the first entrance , the forces therein being few , and the forts weakly manned and victualled ; and besides , it was of advantage for the oyls , wines , and other commodities therein ; whereas the isle of rhee ( as he said to the duke ) was furnished with a considerable force , both of horse and foot , which would make the landing there very difficult ; and besides , they had a cittadel well fortified to retreat unto . the duke not staying for sobiez his return from rochel , alters his resolution , and directs his course to the isle of rhee , ( toras the governor thereof having before taken the alarum by the sight of the fleet at sea ) marches with his forces to impede their landing , but maugre their opposition , and the fort la prie. sir iohn burroughs , sir alexander bret , sir charles rich , together with monsieur st. branchard , and other brave commanders land first ashore , and after them about twelve hundred men , who were presently encountred with the french horse and foot , and a sore fight happened thereupon , being a long time well maintained on both sides , and many commanders fell , both of the english and french , few of the english were unwounded ; but at last the english forced their way , the enemy was constrained to retreat , and to permit the whole army to land . in this combate monsieur st. blanchard was slain , whose loss was much lamented by the protestant party in france , sir william heyden , and some hundreds of the english were slain . the foot which engaged on both sides were much equal in number , but in horse the french had a great advantage . the victory was not pursued by a speedy march after toras , who retreated to his cittadel at st. martins with his wounded men ; for five days time was spent before the army moved , whereby toras got not onely time to encourage his men to hold out , ( being much discomfited at this fight ) but to get in assistance of men and provision of victuals out of the island into the cittadel , which he improved to great advantage . the fort la prie , near unto the landing place , and meanly victualled and manned , was all this while the army staid neglected , omitted , or contemned , as inconsiderable ; the gaining whereof ( as was said ) would have secured a retreat for the english , and impeded the landing of the french ( during the siege ) of the fort at st. martins . this landing of the english was a great astonishment in the court of france ; and if the taking of the fort had immediately followed , there would have appeared a great change of affairs ; for the king fell sick about the same time , and great discontent there was at court , and the king sent his resolution , to give the protestants honorable terms , if they will not joyn with the english ; sent to the duke of rhoan to content him with money , and other proffers , and renders the landing of the english to other protestant towns to be a thing not to be complied withal . the duke in two days march came with his army before st. martins , and published a manifesto , justifying his masters taking up of arms against the king of france , declaring ( amongst other reasons ) as one cause thereof , the frenches employing of the english ships against rochel contrary to promise , and lodgeth his army at the burgh of st. martins , at rhee , which ( upon the approach of the duke ) the enemy quit , and retreated into the city , and quit a well which was about thirty paces from their counterskarf ; which being not at first coming of the army , made totally unserviceable to the enemy , they presently drew a work unto it , and so secured the same for their use ; by which they subsisted , during all the time of the siege . the duke blocks up the cittadel , draws his forces round about it in order to a close siege , and disposes his fleet so , as to hinder relief by sea , and resolves to take it by famine , upon presumption ( and as the truth was ) that they were not provided with victuals in the cittadel for a long siege , and being master at sea , he might in short time be master of the cittadel . but whilst the duke employs his time in drawing a line of circumvallation , and raising of bulwarks and batteries , let us see what they are doing in england . those gentlemen who stood committed for not parting with moneys upon the commission for loans , were appointed to several confinements not in their own , but foreign counties . sir thomas wentworth , afterwards earl of strafford , and george ratcliff esq afterwards sir george , yorkshire gentlemen , were sent for by messengers , and removed out of the county of york into the county of kent , and there secured by confinement . sir walter earl , and sir iohn strangwayes , who were dorsetshire men , were secured in the county of bedford . sir thomas grantham , and some others of the county of lincoln , were removed and secured in the county of dorset . sir iohn heveningham , and others of the county of suffolk , were secured in the county of somerset . richard knightly esq and others of the county of northampton , were secured in the county of southampton and wiltshire . sir nathaniel barnardiston of the county of suffolk , and william coriton esq of the county of cornwal , were secured in the county of sussex . sir harbotle grimston of the county of essex , and sir robert points , were secured in northamptonshire . iohn hampden esq and others , of the county of bucks , were secured in hampshire ; and the like course was taken with the gentry of other counties who refused the loan . and the council ordered that all those refractory persons before-named ( for so they are called in the order ) who are appointed by his majesties command to their several commitments , shall presently obey the order of the board sent with their messenger in that behalf , or be committed close prisoners , any pretence of inability , want of conveniency , or any excuse whatsoever notwithstanding . many of those gentlemen were afterwards sent for by pursevants out of those counties where they were confined by order of the council , and committed to several prisons ; some to the fleet , some to the marshalsey , and gatehouse , and others remained in the custody of the messengers : and from the gatehouse sir iohn elliot sends this petition to his majesty . to the kings most excellent majesty . the humble petition of sir iohn elliot knight , prisoner in the gate-house , concerning the loan . sheweth , that your poor suppliant affected with sorrow and unhappiness , through the long sense of your majesties displeasure , willing in every act of duty and obedience to satisfie your majesty of the loyalty of his heart , then which he hath nothing more desired , that there may not remain a jealousie in your royal brest , that stubbornness and will have béen the motives of his forbearing to condescend to the said loan , low as your highness foot , with a sad , yet a faithful heart ; for an apology to your clemency and grace , he now presumes to offer up the reasons that induced him , which he conceiveth necessity of his duty to religion , justice , and your majesty , did inforce . the rule of iustice he takes to be the law , impartial arbiter of government and obedience , the support and strength of majesty , the observation of that iustice by which subjection is commanded . this and religion ( added to this power not to be resisted ) binds up the conscience in an obligation to that rule , which ( without open prejudice and violence of these duties ) may not be impeached . in this particular therefore of the loan , being desirous to be satisfied how far the obligation might extend , and resolving where he was left master of his own , to become servant to your will , he had recourse unto the laws , to be informed by them ; which in all humility he submitteth to your most sacred view in the collections following . in the time of edward the first , he findeth that the commons of that age were so tender of their liberties , as they feared even their own frée acts and gifts might turn them to a bondage and their heirs . wherefore it was desired , and granted , that for no business such manner of aids , taxes , nor prizes , should be taken , but by common assent of the realm , and for the common profit thereof . the like was in force by the same king , and by two other laws again enacted , that no tallage or aid should be taken or levied , without the good will and assent of the archbishops , bishops , earls , barons , knights , burgesses , and other freeman of the land. and that prudent and magnanimous prince , edward the third , led by the same wisdom , having granted , that the greatest gift given in parliament for the aid and speed of his matchless undertaking against france , should not be had in example , nor fall to the prejudice of the subject in time to come ; did likewise adde in confirmation of that right , that they should not from thenceforth be grieved to sustain any charge or aid , but by the common assent , and that in parliament . and more particularly upon this point , upon a petition of the commons afterwards in parliament , it was established , that the loans which are granted to the king by divers persons , be released , and that none from henceforth be compelled to make such loans against their wills , because it is against reason and the franchises of the land , and restitution be made to such as made such loans . and by another act upon a new occasion , in the time of richard the third , it was ordained , that the subject in no wise be charged with any such charge , exaction , or imposition , called a benevolence , nor such like charge ; and that such like exactions be damned and annulled for ever . such were the opinions of these times , for all these aids , benevolences , loans , and such like charges exacted from the subject not in parliament , which they held to be grievances contrary to their liberties , and illegal ; and so pious were their princes in confirmation of their liberties , as having secured them for the present by such frequent laws and statutes , they did likewise by them provide for their posterity ; and in some so strictly , that they bound the observation with a curse , as in that of edw. . and also under pain of excommunication ; as by the other of the five and twentieth of the same king , which was to be denounced against all those that violate or break them ; which act extends to us . and these reasons he presents to your majesty as the first motive taken from the law. there are others also , which in his humble apprehension he conceived from the action it self , which he likewise tenders to your most excellent wisdom . first , that the carriage and instructions accompanied with the authority of the great seal , imported a constraint , such requests to subjects being tacite and implied commands , and so preventing that readiness and love which in a frée way would have far excéeded those demands , whereas the wonted aids given to your happy ancestors were ex spontanea voluntate , & charitate populi , whereby they made that conjunction of their hearts at home , which wrought such power and reputation to their acts abroad . whereas the firmest obligation of that readiness and love , is the benignity of princes , giving and preserving to their people , just and decent liberties , which to this kingdom are derived from the clemency and wisdom of your progenitors , to whom there is owing a sacred memory for them : he could not as he feared , without pressure to these immunities , become an actor in this loan , which by imprisonment and restraint , was urged , contrary to the grants of the great charter , by so many glorious and victorious kings so many times confirmed , being therein most confident of your majesty , that never king that raigned over us ; had of his own benignity and goodness , a more pious disposition to preserve the just liberties of his subjects , then your sacred self . though we were well assured by your majesties royal promise , whose words he holds as oracles of truth , that it should become a president , during the happiness of your raign ( the long continuance whereof , is the daily subject of his prayers ) yet he conceived from thence a fear , that succeeding ages might thereby take occasion for posterity to strike at the propriety of their goods , contrary to the piety and intention of your majesty so graciously exprest . and these being the true grounds and motives of his forbearance to the said loan , shewing such inconveniences in reason , and representing it an act contradicting so many of your laws , and most of them by the most prudent and happiest of our princes granted which could not without presumption beyond pardon in your suppliant , in taking to himself the dispensation of those laws , so piously enacted , by him be violated or impeached . in the fulness of all submission and obedience , as the apology of his loyalty and duty , he lowly offers to your most sacred wisdom , for the satisfaction of your majesty , most humbly praying your majesty will be graciously pleased to take them into your princely consideration , where when it shall appear ( as he doubts not , but from hence it will to your déep judgment ) that no factious humor , nor disaffection led on by stubbornness and will , hath herein stirred or moved him , but the just obligation of his conscience , which binds him to the service of your majesty , in the observânce of your laws ; he is hopeful ( presuming upon the piety and iustice of your majesty ) that your majesty according to your innate clemency and goodness , will be pleased to bestow him to your favor , and his liberty , and to afford him the benefit of those laws which in all humility he craves . notwithstanding the said petition , he still continued a prisoner in the gate-house , till the general order of discharge came . sir peter hayman refusing to part with loan-money , was called before the lords of the council , who charged him with refractoriness , and with an unwillingness to serve the king ; and told him , if he did not pay , he should be put upon service . accordingly they commanded him to go upon his majesties service into the palatinate ; and having first setled his estate , he undertook and performed the journey , and afterwards returned into england . archbishop abbot having been long slighted at court , now fell under the kings high displeasure for refusing to licence doctor sibthorps sermon , as he was commanded , intituled , apostolical obedience , and not long after he was sequestred from his office , and a commission was granted to the bishops of london , durham , rochester , oxford , and doctor laud , bishop of bath and wells , to execute archiepiscopal jurisdiction . the commission as followeth . charls by the grace of god , king of england , scotland , france , and ireland , defender of the faith , &c. to the right reverend father in god , george , bishop of london ; and to the right reverend father in god , our trusty and welbeloved counsellor , richard , lord bishop of durham ; and to the right reverend father in god , iohn , lord bishop of rochester ; and iohn , lord bishop of oxford ; to the right reverend father in god , our right trusty and welbeloved counsellor , william , lord bishop of bathe and wells , greeting . whereas george , now archbishop of canterbury , in the right of the archbishoprick hath several and distinct archiepiscopal , episcopal , and other spiritual and ecclesiastical powers and iurisdictions , to be exercised in the government and discipline of the church within the province of canterbury , and in the administration of iustice in causes ecclesiastical within that province , which are partly executed by himself in his own person , and partly , and more generally by several persons nominated and authorised by him , being learned in the ecclesiastical laws of this realm , in those several places whereunto they are deputed and appointed by the said archbishop : which several places , as we are informed , they severally hold by several grants for their several lives , as namely , sir henry martin knight , hath and holdeth by the grants of the said archbishop , the offices and places of the dean of the arches , and iudge , or master of the prerogative court for the natural life of the said sir henry martin . sir charls caesar knight , hath and holdeth by grants of the said archbishop , the places or offices of the iudge of the audience , and master of the faculties for the term of the natural life of the said sir charls caesar. sir thomas ridley knight , hath and holdeth by the grant of the said archbishop , the place or office of uicar-general to the said archbishop . and nathaniel brent , doctor of the laws , hath and holdeth by grant of the said archbishop , the office or place of commissary to the said archbishop , as of his proper and peculiar diocess of canterbury . and likewise the several registers of the arches , prerogative , audience , faculties , and of the uicar-general and commissary of canterbury , hold their places by grants from the said archbishop respectively . whereas the said archbishop in some or all of these several places and iurisdictions , doth or may sometimes assume unto his personal and proper iudicature , order , or direction , some particular causes , actions , or cases at his pleasure . and forasmuch as the said archbishop cannot at this present , in his own person , attend these services which are otherwise proper for his cognisance and iurisdiction , and which as archbishop of canterbury , he might and ought in his own person to have performed and executed in causes and matters ecclesiastical , in the proper function of archbishop of that province , we therefore , of our regal power , and of our princely care and providence , that nothing shall be defective in the order , discipline , government , or right of the church , have thought fit by the service of some other learned and reverend bishops , to be named by us , to supply those things which the said archbishop ought or might in the cases aforesaid to have done , but for this present cannot perform the same . know ye therefore , that we reposing special trust and confidence in your approved wisdoms , learning , and integrity , have nominated , authorised , and appointed , and do by these presents , nominate , authorise , and appoint you the said george , lord bishop of london ; richard , lord bishop of durham ; john , lord bishop of rochester ; john , lord bishop of oxford ; and william , lord bishop of bathe and wells , or any four , thrée , or two of you , to do , execute , and perform all and every those acts , matters , and things any way touching , or concerning the power , iurisdiction , or authority of the archbishop of canterbury , in causes or matters ecclesiastical , as amply , fully , and effectually , to all intents and purposes as the said archbishop himself might have done . and we do hereby command you and every of you , to attend , perform , and execute this our royal pleasure , in and touching the premisses , until we shall declare our will and pleasure to the contrary . and we do further hereby , will and command the said archbishop of canterbury , quietly , and without interruption , to permit and suffer you the said george , bishop of london ; richard , bishop of durham ; john , bishop of rochester ; john , bishop of oxford ; and william , bishop of bathe and wells , any four , thrée , or two of you , to execute and perform this our commission according to our royal pleasure thereby signified . and we do further will and command all and every other person and persons whom it may any way concern in their several places or offices , to be attendant , observant , and obedient to you and every of you , in the execution and performance of this our royal will and command , as they and every of them will answer the contrary at their utmost perils . nevertheless we do hereby declare our royal pleasure to be , that they the said sir henry martin , sir charls caesar , sir thomas ridley , and nathaniel brent , in their several offices and places aforesaid , and all other registers , officers , and ministers , in the several courts , offices , and iurisdictions , appertaining to the said archbishop , shall quietly , and without interruption , hold , use , occupy and enjoy their several offices and places , which they now hold by the grant of the said archbishop , or of any other former archbishop of canterbury , in such manner and form , and with those benefits , priviledges , powers , and authorities , which they now have , hold , and enjoy therein , or thereout , severally and respectively , they , and every of them in their several places , being attendant and obedient unto you the said george , bishop of london ; richard , bishop of durham ; john , bishop of rochester ; john , bishop of oxford ; and william , bishop of bathe and wells , or to any four , thrée , or two of you , in all things according to the tenor of this our commission , as they should or ought to have béen to the said archbishop himself , if this commission had not béen had or made . in witness whereof , we have caused these our letters to be made patents , witness our self at westminster , the nineth day of october in the third year of our reign . per ipsum regem . edmonds . for a memorial of these proceedings , the archbishop left to posterity , this following narrative penned with his own hand . archbishop abbot his narrative . pars prima . it is an example , so without example , that in the sunshine of the gospel , in the midst of profession of the true religion , under a gratious king , whom all the world must acknowledge to be blemished with no vice ; a man of my place and years , who have done some service in the church and commonwealth , so deeply laden with some furious infirmities of body , should be removed from his ordinary habitation , and by a kinde of deportation should be thrust into one end of the island ( although i must confess into his own diocess ) that i hold it fit , that the reason of it should be truly understood , least it may someways turn to the scandal of my person and calling . which declaration notwithstanding , i intend not to communicate to any , but to let it lie by me privately , that it being set down impartially , whilst all things are fresh in memory , i may have recourse to it hereafter , if questions shall be made of any thing contained in this relation . and this i hold necessary to be done , by reason of the strangeness of that , which by way of censure was inflicted upon me , being then of the age of sixty five years , incumbred with the gout , and afflicted with the stone , having lived so many years in a place of great service ; and for ought i know , untainted in any of my actions , although , my master king iames , who resteth with god , had both a searching wit of his own to discover his servants whom he put in trust , whether they took any sinister courses , or no ; and wanted not some suggesters about him to make the worst of all mens actions whom they could misreport : yet this innocency and good fame to be overturned in a moneth , and a christian bishop suddenly to be made fabula vulgi , to be tossed upon the tongues of friends and foes , of protestants and papists , of court and countrey , of english and foreigners , must needs in common opinion , presuppose some crime , open or secret : which being discovered by the king , albeit not fully appearing to the world , must draw on indignation in so high a measure . i cannot deny , that the indisposition of my body kept me from court , and thereby gave occasion to maligners to traduce me , as withdrawing my self from publick services ; and therefore misliking some courses that were taken , which abstaining perhaps neither pleased the king , nor the great man that set them on foot . it is true , that in the turbulency of some things , i had no great invitements to draw me abroad , but to possess my soul in patience , till god sent fairer weather : but the true ground of my abstaining from solemn and publick places , was the weakness of my feet , proceeding from the gout ; which disease being hereditary unto me , and having possessed me now nine years , had debilitated me more and more : so that i could not stand at all , neither could i go up or down a pair of stairs ; but besides my staff , i must have the service of one , at least , of my men , which was not fit to be admitted in every place where i was to come . and although i was oft remembred by the wisest of my friends , that i might be carried as the old lord treasurer burleigh was , yet i did not think my service so necessary for the commonwealth , as his lordships by long experience was found to be . i did not value my self at so high a rate , but remembred that it was not the least cause of overthrow to robert earl of essex , that he prized himself so , as if queen elizabeth and the kingdom could not well have stood , if he had not supported both the one and the other . now for me thus enfeebled , not with gout onely , but with the stone also and gravel , to wait on the king or the council table , was by me held a matter most inconvenient . in the courts of princes , there is little feeling of the infirmities belonging to old age , they like them that be yong and gallant in their actions , and in their cloaths , they love not that men should stick too long in any room of greatness . change and alteration bringeth somewhat with it . what have they to do with kerchiefs and staves , with lame or sickly men ? it is certainly true , there is little compassion upon the bodily defects of any . the scripture speaketh of men standing before kings , it were an uncouth sight to see the subject sit the day before the coronation , when on the morrow i had work enough for the strongest man in england , being weak in my feet , and coming to whitehal to see things in a readiness against the next day ; yet notwithstanding the stone and gout , i was not altogether an inutile servant in the kings affairs , but did all things in my house that were to be done ; as in keeping the high commission court , doing all inferior actions conducing thereunto , and dispatching references from his majesty that came thick upon me . these relations which are made concerning me , be of certain truth , but reach not to the reason wherefore i was discarded . to understand therefore the verity , so it is , that the duke of buckingham being still great in the favor of the king , could endure no man that would not depend upon him ; among other men had me in his eye for not stooping unto him so , as to become his vassal . i that had learned a lesson , which i constantly hold , to be no mans servant but the kings ( for mine old royal master , which is with god , and mine own reason , did teach me so ) went on mine own ways , although i could not but observe , that so many as walked in that path , did suffer for it upon all occasions , and so did i , nothing wherein i moved my master , taking place ; which finding so clearly , as if the duke had set some ill character upon me , i had no way but to rest in patience , leaving all to god , and looking to my self as warily as i might . but this did not serve the turn , his undertakings were so extraordinary , that every one that was not with him , was presently against him ; and if a hard opinion were once entertained , there was no place left for satisfaction or reconciliation . what befel the earl of arundel , and sir randal crew , and divers others , i need not to report , and no man can make doubt but he blew the coals . for my self , there is a gentleman called sir h. s. who gave the first light what should befal me : this knight being of more livelihood then wisdom , had married the lady d. sister to the now earl of e. and had so treated her , that both for safeguard of her honor , blemished by him scandalously , and for her alimony or maintenance ( being glad to get from him ) she was inforced to endure a suit in the high commission court : so to strengthen his party , he was made known to the duke , and by means of a dependant on his grace , he got a letter from the king , that the commissioners should proceed no further in hearing of that cause , by reason that it being a difference between a gentleman and his wife , the kings majesty would hear it himself . the solicitor for the lady finding that the course of justice was stopped , did so earnestly ; by petition , move the king , that by another letter there was a relaxation of the former restraint , and the commissioners ecclesiastical went on : but now in the new proceeding , finding himself by justice like enough to be pinched , he did publickly in the court refuse to speak by any councel , but would plead his cause himself ; wherein he did bear the whole business so disorderly , tumultuously , and unrespectively , that after divers reproofs , i was enforced for the honor of the court , and reputation of the high commission , to tell him openly , that if he did not carry himself in a better fashion , i would commit him to prison . this so troubled the yong gallant , that within few days after being at dinner or supper , where some wished me well , he bolted it out , that as for the archbishop , the duke had a purpose to turn him out of his place , and that he did but wait the occasion to effect it . which being brought unto me constantly , by more ways then one , i was now in expectation what must be the issue of this great mans indignation , which fell out to be as followeth . there was one sibthorpe , who not being so much as a batchellor of arts , as it hath been credibly reported unto me ; by means of doctor peirce , dean of peterborough , being vice-chancellor of oxford , did get to be conferred upon him the title of a doctor . this man is vicar of brackley in northamptonshire , and hath another benefice not far from it in buckinghamshire . but the lustre of his honor did arise from being the son-in-law of sir iohn lamb , chancellor of peterborough , whose daughter he married , and was put into the commission of peace . when the lent assizes were in february last at northampton , the man that preached before the judges there , was this worthy doctor ; where magnifying the authority of kings , ( which is so strong in the scripture , that it needs no flattery any ways to extol it ) he let fall divers speeches which were distasteful to the auditors ; and namely , that they had power to put poll-money upon their subjects heads , when against those challenges , men did frequently mourn . he being a man of a low fortune , conceived that the putting his sermon in print , might gain favor at court , and raise his fortune higher , on he goeth with the transcribing of his sermon , and got a bishop or two to prefer this great service to the duke ; and it being brought unto the duke , it cometh in his head , or was suggested unto him by some malicious body , that thereby the archbishop might be put to some remarkable strait : for if the king should send the sermon unto him , and command him to allow it to the press , one of these two things would follow , that either he should authorize it , and so all men that were indifferent , should discover him for a base and unworthy beast ; or he should refuse it , and so should fall into the kings indignation , who might pursue it at his pleasure , as against a man that was contrary to his service . out of this fountain flowed all the water that afterwards so wet : in rehearsing whereof , i must set down divers particulars , which some man may wonder how they should be discovered unto me . but let it suffice once for all , that in the word of an honest man , and of a bishop , i recount nothing , but whereof i have good warrant , god himself working means . the matters were revealed unto me , although it be not convenient that in this paper , i name the manner how they came unto me , least such as did by well-doing further me , should receive blame for their labor . well! resolved it is , that i must be put to it , and that with speed ; and therefore mr. william murrey , nephew ( as i think ) unto mr. thomas murrey , sometimes tutor unto prince charls ; and the yong man now of the kings bed-chamber , is sent unto me with the written sermon , of whom i must say , that albeit he did the king his masters business , yet he did use himself temperately and civilly unto me . for avoiding of inquit and inquam ( as tully saith ) i said this , and he said that , i will make it by way of dialogue , not setting down every days conference exactly by it self , but mentioning all things of importance in the whole , yet distinguishing of times ; where for the truth of the relation , it cannot be avoided . murrey . my lord , i am sent unto you by the king , to let you know that his pleasure is , that whereas there is brought unto him a sermon to be printed , you should allow this sermon to the press . archb. i was never he that authorised books to be printed ; for it is the work of my chaplains to read over other mens writings , and what is fit , to let it go , what is unfit , to expunge it . murrey . but the king will have you your self to do this , because he is minded that no books shall be allowed , but by you and the bishop of london : and my lord of london authorised one the other day ( cousens his book ) and he will have you do this . archb. this is an occupation that my old master king iames did never put me to , and yet i was then yong , and had more abilities of body then now i have ; so that i see i must now learn a new lesson , but leave it with me ; and when i have read it , i shall know what to say unto it , a day or two hence you shall understand my minde . when i had once or twice perused it , i found some words which seemed unto me to cross that which the king intended , and in a sort to destroy it ; and therefore upon his return , a day or two after i exprest my self thus . mr. murrey . i conceive that the king intendeth that this sermon shall promote the service now in hand about the loan of money , but in my opinion it much crosseth it ; for he layeth it down for a rule , and because it should not be forgotten , he repeateth it again , that christians are bound in duty one to another , especially all subjects to their princes according to the laws and customs of the kingdom wherein they live . out of this will men except this loan , because there is neither law nor custom for it in the kingdom of england . secondly , in my judgment there followeth a dangerous speech , habemus necessitatem vindicandae libertatis . for this was all that was then quoted out of calvin , no mention being made of any the other words which are now in the printed copy : for when by the former rule he hath set men at liberty , whether they will pay or no , he imposeth upon them a necessity to vindicate this liberty , and vindicare may be extended to challenge with violence cum vi . but for my part i would be most unwilling to give occasion to sedition and mutiny in the kingdom . again , here is mention made of poll-money , which as i have heard hath already caused much distaste where the sermon was preached . moreover , what a speech is this , that he observes the forwardness of the papists to offer double , according to an act of parliament so providing , yea , to profess that they would part with the half of their goods , where he quoteth in the margent anno caroli ; the act for the subsidy of the layty , whereby popish recusants were to pay double ; when indeed there is no such act. and in the fifth place it is said in this sermon , that the princes of bohemia have power to depose their kings , as not being hereditary , which is a great question . such a one as hath cost much blood , and must not in a word be absolutely defined here , as if it were without controversie . i pray you make his majesty acquainted with these things , and take the book with you ( where it is to be noted , that all this time we had but one single copy , which was some time at the court , and sometime left with me . ) murrey . i will faithfully deliver these things to the king , and then you shall hear further from me . some two or three days after he returneth again unto me , and telleth me , that he had particularly acquainted the king with my objections , and his majesty made this answer . first , for the laws and customs of the kingdom , he did not stand upon that , he had a president for that which he did , and thereon he would insist . archb. i think that to be a mistaking , for i fear there will be found no such president . king henry the eighth , as the chronicle sheweth , desired but the sixth pa●t of mens estates , ten groats in the pound ; our king desireth the whole six parts full out , so much as men are set at in the subsidy book : and in the time of king henry , although he were a powerful king , yet for that taxation there began against him little less then a rebellion ; so that he held it wisdom to desist , and laying the blame upon cardinal wolsey , professed , that he knew nothing of the matter . murrey . secondly , the king saith for the words habemus necessitatem vindicandae libertatis , he taketh them to be for him ; and he will stand on his liberty . thirdly , for poll-money he thinketh it lawful . fourthly , it is true , there was no such act passed , and therefore it must be amended ( and yet in the printed book it is suffered still to stand . such slight , and i may say , slovenly care was had by them that published this sermon . ) and fifthly , for that of bohemia , he hath crossed it out of the book . some other matters there were , against which i took exception , but mr. murrey being a yong gentleman , although witty and full of good behavior , i doubted that being not deeply seen in divinity , he could not so well conceive me , nor make report of my words to his majesty : and therefore i being lame , and so disabled to wait on the king , did move him , that he would in my name humbly beseech his majesty to send the bishop of bathe and wells unto me , and i would by his means make known my scruples ; and so i dismissed mr. murrey , observing with my self , that the answers to my five objections , especially to two or three , were somewhat strange : as if the king were resolved , were it to his good or to his harm , to have the book go forth . after one or two days more , the yong gentleman cometh to me again , and telleth me , that the king did not think it fit to send the bishop of bathe unto me ; but he expecteth i should pass the book . in the mean time had gone over one high commission day , and this bishop who used ( otherwise ) very few days to fail , was not there , which being joyned to his majesties message , made me in some measure to smell , that this whole business might have that bishops hand in it , especially i knowing in general the disposition of the man. the mindes of those that were actors for the publishing of the book , were not quiet at the court , that the thing was not dispatched ; and therefore one day the duke said to the king , do you see how this business is deferred , if more expedition be not used , it will not be printed before the end of the term ; at which time it is fit that it be sent down into the countreys . so eager he was , that either by my credit his undertakings might be strengthned , or at least i might be contemned and derided as an unworthy fellow . this so quickned the king , that the next message which was sent by mr. murrey , was in some degree minatory , that if i did not dispatch it , the king would take some other course with me . when i found how far the duke had prevailed , i thought it my best way to set down in writing many objections , wherefore the book was not fit to be published ; which i did modestly , and sent them to the king. the words were these which i culled out of the written sermon . . page . those words deserve to be well weighed , and whereas the prince pleads not the power of prerogative . . page . the kings duty is first to direct and make laws . there is no law made till the king assent unto it ; but if it be put simply to make laws , it will make much startling at it . . page . if nothing may excuse from active obedience , but what is against the law of god , or of nature , or impossible . how doth this agree with the first fundamental position ? page . that all subjects are bound to all their princes according to the laws and customs of the kingdom wherein they live . this is a fourth case of exception . . page . the poll-money , mentioned by him in st. matthew , was imposed by the emperor as a conqueror over the iews , and the execution of it in england , although it was by a law , produced a terrible effect in king richard the second's time , when onely it was used , for ought that appeareth . . page . it is in the bottome , view the reign of henry the third , and whether it be fit to give such allowance to the book , being surreptitiously put out ? . in the same page , let the largeness of those words be well considered , yea all antiquity to be absolutely for absolute obedience to princes in all civil and temporal things . for such cases as naboths vineyard may f●ll within this . . page . sixtus quintus was dead before the year one thousand five hundred and eighty . . in the same page weigh it well , how this loan may be called a tribute , and when it s said , we are promised it shall not be immoderately imposed ? how that agreeth with his majesties commission and proclamation which are quoted in the margent ? it should seem that this paper did prick to the quick , and no satisfaction being thereby accepted , bishop laud is called , and he must go to answer to it in writing : this man is the onely inward counsellor with buckingham , sitting with him sometimes privately whole hours , and feeding his humor with malice and spight . his life in oxford was to pick quarrels in the lectures of the publick readers , and to advertise them to the then bishop of durham , that he might fill the ears of king iames with discontents , against the honest men that took pains in their places , and setled the truth ( which he called puritanism ) in their auditors . he made it his work to see what books were in the press , and to look over epistles dedicatory , and prefaces to the reader , to see what faults might be found . it was an observation what a sweet man this was like to be , that the first observable act that he did , was the marrying of the earl of d. to the lady r. when it was notorious to the world , that she had another husband ; and the same a nobleman , who had divers children then living by her . king iames did for many years take this so ill , that he would never hear of any great preferment of him , insomuch , that the bishop of lincoln , doctor williams , who taketh upon him to be the first promoter of him , hath many times said , that when he made mention of laud to the king , his majesty was so averse from it , that he was constrained oftentimes to say , that he would never desire to serve that master which could not remit one fault unto his servant . well , in the end he did conquer it , to get him to the bishoprick of st. davids ; which he had not long enjoyed , but he began to undermine his benefactor , as at this day it appeareth . the countess of buckingham told lincoln , that st. davids was the man that undermined him with her son ; and verily , such is his aspiring nature , that he will underwork any man in the world , so that he may gain by it . this man who believeth so well of himself , framed an answer to my exceptions . but to give some countenance to it , he must call in three other bishops , that is to say , durham , rochester , and oxford , tryed men for such a purpose , and the whole stile of the speech runneth , we and we. this seemed so strong a confutation , that for reward of their service , as well as for hope , that they would do more , doctor neal , bishop of durham , and the bishop of bath , were sworn of the privy council . the very day being sunday , mr. murrey was sent unto me with a writing , but finding me all in a sweat by a fit of the stone which was then upon me , he forbore for that time to trouble me , and said , that on the morrow he would repair unto me again . i got me to bed , and lying all that night in pain , i held it convenient not to rise the next day : and on the monday mr. murrey came unto me , which was the eighth time that he had been with me , so uncessantly was i plyed with this noble work . i had shewed it before to a friend or two , whereof the one was a learned doctor of divinity , and the other had served many times in parliament with great commendation . we all agreed , that it was an idle work of a man that understood not logick , that evidently crossed himself , that some times spake plausibly , and in the end of his sermon fell so poor and flat , that it was not worth the reading . mr. murrey coming to my bed-side , said , that he was sent again by the king , and had a paper to be shewed unto me . archb. you see in what case i am , having slept little all this last night , but nevertheless since you come from the king , i will take my spectacles and read it . murrey . no my lord , you may not read it , neither handle it ; for i have charge not to suffer it to go out of my hands . archb. how then shall i know what it is ? murrey . yes , i have order to read it unto you , but i may not part with it . archb. i must conceive , that if i do not assent to it , his majesty will give me leave to reply upon it , which i cannot do , but in my study , for there are my books . murrey . i must go with you into your study , and sit by you till you have done . archb. it is not so hasty a work , it will require time , and i have not been used to study , one sitting by me , but first read it i pray you . the yong gentleman read it from the one end to the other , being two or three sheets of paper . archb. this answer is very bitter , but giveth me no satisfaction , i pray you leave the writing with me , and i shall batter it to peeces . murrey . no , my lord , i am forbidden to leave it with you , or to suffer you to touch it . archb. how cometh this about ? are the authors of it , afraid of it , or ashamed of it ? i pray you tell his majesty that i am dealt with neither manly nor schollar-like . not manly , because i must fight with adversaries that i know not ; not shollar-like , because i must not see what it is that must confute me . it is now eight and forty years ago that i came to the university , and since that time i have ever loved a learned man , i have disputed and written divers books , and know very well what appertaineth to the schools . this is a new kinde of learning unto me , i have formerly found fault , that the author of this sermon quoteth not the places whereupon he grounds his doctrine ; and when i have oft called for them , it is replied unto me , that i must take them upon the credit of the writer , which i dare not do ; for i have searched but one place which he quoted in general , but sets down neither the words , nor the treatise , nor the chapter , and i finde nothing to the purpose , for which it is quoted ; and therefore i have reason to suspect all the rest . i pray you therefore in the humblest manner to commend my service to the king my master , and let him know , that unless i may have all the quotations set down , that i may examine them , and may have that writing , wherein i am so ill used , i cannot allow the book . before i go further , it shall not be amiss to touch some particulars of that which i sent in writing to the king. the first was page . those words deserve to be well weighed , and whereas the prince pleads not the power of prerogative . to this mr. murrey said , the king doth not plead it : but my reply was , by what then doth he coerce those refractories ; for i have not heard of any law whereby they are imprisoned , and therefore i must take it to be by the kings prerogative . to the second page . the kings duty is first to direct and make laws . there is no law made till the king assent unto it ; but if it be put simply to make laws , it will cause much startling at it . to this i remember not any material thing answered , neither to the third . page . if nothing may excuse from active obedience , but what is against the law of god , or of nature , or impossible : how doth this agree with the first fundamental position ? page . that all subjects are bound to all their princes according to the laws and customs of the kingdom wherein they live . this is a fourth case of exception . and here before i go to the rest , the doctor did truly hit upon a good point , in looking to the laws and customs , if he could have kept him to it ; for in my memory , and in the remembrance of many lords , and others that now live , doctor haresenet , the then bishop of chichester , and now of norwich , in parliament time preached a sermon at whitehal , ( which was afterward burned ) upon the text , give unto caesar , the things that be caesars . wherein he insisted , that goods and money were caesars ▪ and therefore they were not to be denied unto him . at this time , when the whole parliament took main offence thereat , king iames was constrained to call the lords and commons into the banqueting-house at whitehal , and there his majesty calmed all by saying , the bishop onely failed in this , when he said the goods were caesars ; he did not adde , they were his according to the laws and customs of the countrey wherein they did live . so moderate was our caesar then , as i my self saw , and heard , being then an eye and ear witness , for i was then bishop of london . to the fourth , the poll-money , in st. matthew , was imposed by the emperor , as a conqueror over the iews , and the execution of it in england , although it was by a law , produced a terrible effect in king richard the second's time , when onely it was used , for ought that appeareth . here the bishop in the paper excepted divers things , as , that sometimes among us by act of parliament , strangers are appointed to pay by the poll , which agreeth not with the case ; and that it was not well to bring examples out of weak times , whereas we live in better ; but that it was a marvelous fault , the blame was not laid upon the rebels of that age. those are such poor things , that they are not worth the answering . but my objection in truth prevailed so far , that in the printed book it was qualified thus . poll-money , other persons , and upon some occasions ; where obiter i may observe , that my refusing to sign the sermon , is not to be judged by the printed book , for many things are altred in one , which were in the other . to the fifth , page . it is in the bottome , view the reign of henry the third , whether it be fit to give such allowance to the book being surreptiously put out . to this it was said , that being a good passage out of a blame-worthy book , there was no harm in it . but before the question of sibthorps treatise , the bishop of bathe himself being with me , found much fault with that treatise , as being put out for a scandalous parallel of those times . to the sixth in the same page , let the largeness of those words be well considered , yea , all antiquity to be absolutely for absolute obedience to princes , in all civil or temporal things : for such cases ( as naboths vineyard ) may fall within this . here the bishop was as a man in a rage , and said , that it was an odious comparison ; for it must suppose , that there must be an ahab , and there must be a iezabel , and i cannot tell what : but i am sure my exception standeth true , and reviling , and railing , doth not satisfie my argument , all antiquity taketh the scripture into it ; and if i had allowed that proportion for good , i had been justly beaten with my own rod. if the king the next day had commanded me to send him all the money and goods i had , i must by mine own rule have obeyed him ; and if he had commanded the like to all the clergy-men in england , by doctor sibthorps proportion , and my lord of canterburies allowing of the same , they must have sent in all , and left their wives and children in a miserable case . yea , the words extend so far , and are so absolutely delivered , that by this divinity , if the king should send to the city of london , and the inhabitants thereof , commanding them to give unto him all the wealth which they have , they were bound to do it : i know our king is so gratious , that he will attempt no such matter ; but if he do it not , the defect is not in these flattering divines , who if they were called to question for such doctrine , they would scarce be able to abide it . there is a meum and a tuum , in christian commonwealths , and according to laws and customs , princes may dispose of it , that saying being true , ad reges potestas omnium pertinet , ad singulos proprietas . to the seventh , page . pius quintus was dead before the year one thousand five hundred and eighty . they make no reply , but mend it in the printed book , changing it into gregory the thirteenth . to the last in the same page , weigh it well , how this loan may be called a tribute ; and when it is said , we are promised shall not be immoderately imposed . how that agreeth with his majesties commission and proclamation which are quoted in the margent , they make no answer ; but in the published sermon distinguisheth a tribute from a loan or aid , whereby they acknowledge it was not well before , and indeed it was improper and absurd , worthy of none but dr. sibthorpe . i have now delivered the grounds whereupon i refused to authorise this book , being sorry at my heart , that the king , my gratious master , should rest so great a building upon so weak a foundation , the treatise being so slender , and without substance , but that it proceeded from a hungry man. if i had been in council when the project for this loan was first handled , i would have used my best reasons to have had it well grounded ; but i was absent , and knew not whereupon they proceeded , onely i saw it was followed with much vehemency : and since it was put in execution , i did not interpose my self to know the grounds of one , nor of the other . it seemed therefore strange unto me , that in the upshot of the business , i was called in to make that good by divinity , which others had done ; and must have no other inducement to it , but doctor sibthorps contemptible treatise . i imagined this for the manner of the carriage of it , to be somewhat like unto the earl of somersets case , who abused the wife of the earl of essex , must have her divorsed from her husband , and must himself marry her : and this must not be done , but that the archbishop of canterbury must ratifie all judicially . i know the cases are different , but i onely compare the manner of the carriage . when the approbation of the sermon was by me refused , it was carried to the bishop of london , who gave a great and stately allowance of it ; the good man being not willing that any thing should stick which was sent unto him from the court , as appeareth by the book which is commonly called the seven sacraments , which was allowed by his lordship with all the errors , which since that time have been expunged , and taken out of it . but before this passed the bishops file , there is one accident which fitly cometh in to be recounted in this place . my lord of london hath a chaplain , doctor worral by name , who is schollar good enough , but a kinde of free fellow-like man , and of no very tender conscience . doctor sibthorps sermon was brought unto him , and hand over head ( as the proverb is ) he approved it , and subscribed his name unto it . but afterwards being better advised , he sendeth it to a learned gentleman of the inner temple , and writing some few lines unto him , craveth his opinion of that which he had done , the gentleman read it : but although he had promised to return his judgment by letter , yet he refused so to do , but desired that doctor worral would come himself ; which being done , he spake to this purpose , what have you done , you have allowed a strange book yonder ; which if it be true , there is no meum or tuum , no man in england hath any thing of his own : if ever the tide turn , and matters be called to a reckoning , you will be hanged for publishing such a book . to which the doctor answered , yea , but my hand is to it , what shall i do ? for that the other replied , you must scrape out your name , and do not suffer so much as the sign of any letter to remain in the paper . which accordingly he did , and withdrew his finger from the pye. but what the chaplain well-advised would not do , his lord without sticking accomplished ; and so being unsensibly hatched , it came flying into the world : but in my opinion , the book hath perswaded very few understanding men , and hath not gained the king six pence . pars secunda . hitherto i have declared at length all passages concerning the sermon , and to my remembrance i have not quitted any thing that was worthy the knowing . i am now in the second place to shew what was the issue of this not allowing the worthy and learned treatise . in the height of this question , i privately understood from a friend in the court , that for a punishment upon me , it was resolved that i should be sent away to canterbury , and confined there . i kept this silently , and expected gods pleasure , yet laying it up still in my minde , esteeming the duke to be of the number of them , touching whom tacitus observeth , that such as are false in their love , are true in their hate . but whatsoever the event must be , i made that use of the report , that iacula praevisa minus feriunt . the duke at the first was earnest with the king , that i must be presently sent away before his going to sea : for , saith he , if i were gone , he would be every day at whitehal , and at the council table , and there will cross all things that i have intended . to meet with his objection , i got me away to croyden a moneth sooner then in ordinary years i have used to do ; but the term was ended early , and my main fit of the stone did call upon me to get me to the countrey , that there on hors-back i might ride upon the downs ; which i afterwards performed , and i thank god found great use of it , in recovering of my stomack which was almost utterly gone . the duke hastned his preparations for the fleet , but still that cometh in for one memorandum , that if he were once absent , there should no day pass over , but that the archbishop would be with the king , and infuse things that would be contrary to his proceedings . what a miserable and restless thing ambition is , when one talented , but as a common person , yet by the favor of his prince , hath gotten that interest , that in a sort all the keys of england hang at his girdle ( which the wife queen elizabeth would never endure in any subject yet standeth in his own heart in such tickle terms , as that he feareth every shadow , and thinketh that the lending of the kings ear unto any grave and well-seasoned report , may blow him out of all ; which in his estimation he thinketh is setled upon no good foundation , but the affection of the prince , which may be mutable , as it is in all men more or less ? if a man would wish harm unto his enemy , could he wish him a greater torment , then to be wrested and wringed with ambitious thoughts ? well , at first it went currant , that with all hast i must be doffed ▪ but upon later consideration it must be staid till the duke be at sea , and then put in execution by the king himself ; that as it seemeth buckingham might be free from blame , if any should be laid upon any person . hence it was , that after his going , there was new prosecution of the yorkshire-men , and the refusing londoners were pursued more fervently then before ; and it is very likely , that the arrow came out of the same quiver ; that the bishop coming to the election at westminster was driven back so suddenly to bugden . take heed of these things noble duke , you put your king to t●e worst parts , whereof you may hear one day : so when your soveraign in the parliament time had spoken sharply to both houses , commanding them to go together again , and to give more money , and commanding them to meddle no more with the duke of buckingham ; you came the next day and thought to smooth all , taking the glory of qualifying disturbances to your self ; whereas , if you had read books of true state government , wherewithal you are not acquainted , sweet things are personally to be acted by kings and princes , as giving of honors , and bestowing of noted benefits ; and those things that are sour and distasting , are to be performed by their ministers , you go the contray way . but as before the whole house falleth on fire , some sparks do flie out : so , before the message of the king was brought me by the secretary , there were some inklings that such a thing would follow . and upon the naming of me ( by occasion ) it was said by a creature of the dukes , that it would not be long before the archbishop should be sequestred ( that was the word ) so well acquainted are the dukes followers with great actions that are likely to fall out in state. accordingly on tuesday the fist of iuly , one thousand six hundred twenty and seven , the lord conway came unto me to croyden before dinner time , having travelled , as he said , a long journey that morning , even from oatlands thither , he would say nothing till he had dined ; then because he was to return to oatlands that night , i took him into the gallery ; and when we were both sat down , we fell to it in this manner . my lord , i know you coming from court , have somewhat to say to me . secretary . it is true , my lord , and i am the most unwilling man in the world to bring unpleasing news to any person of quality to whom i wish well , and especially to such a one as of whose meat i have eaten , and been merry at his house : but i come from the king , and must deliver his pleasure ; i know who you are , and much more , with very civil language . archb. i doubt not , my lord , but you have somewhat to say , and therefore i pray you in plain terms let me have it . secre. it is then his majesties pleasure that you should withdraw your self unto canterbury ; for which he will afford you some convenient time . archb. is that it , then i must use the words of the psalmist , he shall not be afraid of any evil tydings ; for his heart standeth fast , and believeth in the lord. but i pray you what is my fault that bringeth this upon me . secre. the king saith you know . archb. truly i know none , unless it be that i am lame , which i cannot help , it is against my will , and i am not proud of it . secre. the king bad me tell you , that if any expostulation were used — archb. no , i will not use any expostulation , if it be his pleasure , i will obey , i know my self to be an honest man , and therefore fear nothing : but my lord , do you think it is for the kings service in this sort to send me away . secre. no , by god! i do not think it , and so yesterday i told the king with an oath ; but he will have it so . archb. i must say as before , he shall not be afraid of any evil tidings ; for his heart standeth fast , and he believeth in the lord. but i pray you , my lord , is the king precisely set upon my going to canterbury ; there are questions in law between me and that town , about the liberties of my archbishoprick , which i by my oath am bound to maintain ; and if i should be among them , i have many adversaries of the citizens , i have there some tenants , and the dean and chapter are interessed in the question , i would be unwilling that my servants and their people should fall together by the ears , while i am in the town : his majesty knoweth this difference to be between us , by the token that a suit which i lately brought against them by a quo warranto in the kings bench , was stopped , justice being denied me , which is not usual to be denied to any subject , and the king well knoweth by whose means it was stayed . i have therefore another house called foord , five miles beyond canterbury , and more out of the way , his majesty may be pleased to let me go thither . secre. i can say nothing to that , but i will acquaint the king with it , and i conceive nothing to the contrary but that his majesty will yield so much unto you . i have a second charge to deliver unto you , and that is , that his majesty will not have you from henceforth to meddle with the high commission , he will take care that it shall be done otherwise . archb. i do not doubt but it shall be better managed then it hath been by me : and yet , my lord , i will tell you that for these many years that i have had the direction of that court , the time is to come that ever honest man did finde fault , that he had not there justice done . secre. it is now vacation time , and so consequently little to do , and by michaelmas his majesty may set all in order . archb. i am sorry that the king proceedeth thus with me , and letteth me not know the cause . secre. although i have no commission to tell you so , it is for a book which you would not allow , which concerned the kings service . archb. if that be it , when i am questioned for it , i doubt not but to give an honest answer . secre you will never be questioned for it . archb. then am i the more hardly dealt withal , to be censured , and not called to my answer . secre. well , my lord , i will remember that of foord , and will your grace command me any more service . archb. no , my lord , but god be with you , onely i end where i began with the words of the prophet , he shall not be afraid for any evil tydings ; for his heart standeth fast , and believeth in the lord. it comforted me not a little , that the word was now out : my confining must be for not allowing of a book ! i had much ado to forbear smiling when i heard it , because now it was clear , it was not for felony or treason that was laid to my charge , nor for intelligence with the spaniards or french , nor for correspondency with jesuites or seminary priests , or any other grievous crime , i thank god for that . i had almost forgotten that among many other memorable speeches that passed between us , i used this one , that peradventure the king might be offended at me , because i was no more present at the matter of the loan ; but said i , my lameness hindered me therein , and i hoped thereby to do my master better service , because if ever course be taken to reconcile the king and his people ( which if it be not , this kingdom will rue it in the end ) i would hope among many other , to be a good instrument therein , since my hand hath not been in those bitternesses which have of late faln out . you say well saith the secretary , would you that i should tell the king so much ? yea , said i , if you please , i hold it not unfit that his majesty should know it . what he reported therein , i do not know , but matters proceeded in the former course , as if there were no regard had of any such thing . the lord conway being gone from me for two or three days , i expected to hear the resolution , to what place in kent i should betake my self ; and receiving no news , i tossed many things in my minde , as perhaps , that the king desired to hear somewhat from the duke how he sped in his journey ; or that peradventure he might alter his purpose upon report of my ready obeying ; or that it might so fall out , that some of the lords at the court understanding upon the secretaries return from croyden , that which was formerly concealed from them , might infuse some other councils into the king. these thoughts i revolved at last , not forgetting the courses of the court , and imprinting that into my heart , that there was no good intended towards me ; but that any advantage would be taken against me , i sent a man to whitehal whether the king was now come , for a night or two , and by him i wrote to the lord conway , in these words . my very good lord , i do not forget the message which you brought unto me on thursday last , and because i have heard nothing from you since that time , i send this messenger on purpose to know what is resolved touching the house , or houses where i must remain , there belong to the archbishoprick three houses in kent , one at canterbury , another five miles beyond called foord , and a third on the side of canterbury , but two miles of , the name whereof is becksburn . i pray your lordship to let me know his majesties pleasure , whether he will leave the choice of any of those houses to me to reside in : i have reason to know the resolution hereof , because i must make my provision of wood , and coals , and hey , for some definite place ; and when i shall have brewed , it is fit i should know where to put it , or else it will not serve the turn : it is an unseasonable time to brew now , and as untimely to cut wood , being green in the highest degree , and to make coals , without all which my house cannot be kept . but when i shall know what must be my habitation , i will send down my servants presently to make the best provision that they can . and so expecting your lordships answer , i leave you to the almighty , and remain your lordships very loving friend , g. cant. croyden , iuly . . he made my servant stay , and when he had gone up to know the kings further pleasure , he returned me the answer following . may it please your grace , i am ashamed and do confess my fault , that i wrote not to your grace before i received your reproof , though a gratious one ; but in truth , i did not neglect , nor forget : but the continual oppression of business , would not permit me to advertise to your grace the kings answer . his majesty heard seriously your professions and answers , and commanded me to signifie unto you , that he knew not the present differences between you and the town ; and if he had , he would not have cast you into that inconvenience . he was well pleased you should go to your house at foord , and said , he did not expect when the question was ended between your grace and the town , that you should go to canterbury . and he further said , he would not tye you to so short a time as might be any way inconvenient , but doth expect that your grace will govern it so , as his majesty shall not need to warn you a second time . i will not fail to move his majesty to give you liberty to chuse either of your houses you name , and give you knowledge of his pleasure , and in all things be ready to obey your commandments , or take occasion to serve you in the condition of your graces most humble servant conway . whitehal , iuly . . i could not but observe therein that passage , that the king doth expect that your grace will govern it so , as his majesty shall not need to warn you a second time ; i needed no interpreter to expound those words , and therefore did take order that one of my officers was presently dispatched unto foord to see the house ready . while necessaries were caring for , and i lay for some days at croyden , and afterwards at lambeth , the city of london was filled with the report of my confining , ( for so they did term it ) and divers men spake diversly of it . i will not trouble my self to mention some idle things , but some other of them require a little consideration . a main matter that the duke was said to take in ill part , was , the resort which was made to my house at the times of dinner and supper , and that oftentimes of such as did not love him . my answer unto that is , that by nature i have been given to keep a house according to my proportion , since i have had any means , and god hath blessed me in it . that it is a property by saint paul required in a bishop , that he should be given to hospitality ; that it is another of his rules , let your conversation be without covetousness ; and those things i had in mine eyes . besides i have no wife , nor childe ; and as for my kinred , i do that for them which i hold fit ; but i will not rob the church , nor the poor for them . again , it is so rare a fault in these days , that men not feeding on the kings meat , but of their own charge , should frankly entertain their friends when they come unto them , that i deserve to be pardoned for it . but this is not all . when king iames gave me the bishoprick , he did once between him and me , and another time before the earl of salisbury , charge me that i should carry my house nobly ( that was his majesties word ) and live like an archbishop ; which i promised him to do : and when men came to my house , who were of all civil sorts , i gave them friendly entertainment , not sifting what exceptions the duke made against them ; for i knew he might as undeservedly think ill of others , as he did of me . but i meddled with no mans quarrels , and if i should have received none but such as cordially and in truth had loved him , i might have gone to dinner many times without company . there frequented me lords spiritual and temporal , divers privy counsellors , as occasion served , and men of the highest rank ; where , if the duke thought that we had busied our selves about him , he was much deceived : yet perhaps the old saying is true , that a man who is guilty of one evil to himself , thinketh that all men that talk together , do say somewhat of him . i do not envy him that happiness , but let it ever attend him . as for other men of good sort , but of lesser quality , i have heard some by name , to whom exception hath been taken , and these are three , ( i know from the court by a friend , that my house for a good space of time hath been watched , and i marvel that they have not rather named sixty then three . ) the first of these is sir dudley diggs , a very great mote in the dukes eye , as i am informed ; for it is said , that this knight hath paid him in parliament with many sharp speeches . if this be so yet what is that to me , he is of age to answer for himself . but in the time of the late parliament , when the earl of carlile came unto me , and dealt with me thereabout , i gave him my word , and i did it truly , that i was not acquainted with these things ; onely being sick as i was , i had in general given him advice , that he should do nothing that might give just offence to the king ; and i have credibly heard , that when sir dudley was last in the fleet , committed from the council table , he was much dealt withal , to know , whether he was not instigated by me to accuse the duke in parliament : the knight with all the protestations and assurances , that could come from a gentleman , acquitted me of the part , and whole , wherein he did me but right : and i do remember , when that man now so hated , was a great servant of the dukes . so that if he have now lost him , it cannot but be presumed that it is for some unworthy carriage which the gentleman conceiveth hath by that lord been offered unto him . moreover , how can i but imagine the words and actions of sir dudley diggs have been ill interpreted , and reported : when i my self saw the duke stand up nine times in a morning in the parliament house to fasten upon him words little less ( if at all less ) then treason ; when by the particular votes of all the lords and commons in both houses , he was quit of those things , which the other would have enforced upon him : and a little while before he was hastily clapt into the tower , and within a day or two released again , because nothing was proved against him . and i assure you , i am so little interessed in his actions , that to this day i could never learn the reason why he was imprisoned in the fleet , although he was kept there for seven or eight weeks . i distinguish the king from the duke of buckingham ; the one is our soveraign by the laws of god and men ; the other a subject as we are : and if any subject do impeach another , though of different degrees , let the party grieved , remedy himself by law , and not by power . but to speak further for this knight , i may not forget when he was publickly employed ; one time to the hague , a second time to muscovia , and thirdly , into ireland , about affairs of the state , such opinion was then held of his good endeavors . and for mine own part ever since the days of queen elizabeth , i have been nearly acquainted with him , he was my pupil at oxford , and a very towardly one ; and this knowledge each of other , hath continued unto this time . he calleth me father , and i term his wife my daughter , his eldest son is my god-son , and their children are in love accounted my grand-children . the second that i have heard named , was sir francis harrington , a gentleman whom for divers years i have not seen , and who for ought i know , was never in my house but once in his life . the third was sir thomas wentworth , who had good occasion to send unto me , and some times to see me , because we were joynt executors to sir george savile , who married his sister , and was my pupil at oxford ; to whose son also , sir thomas wentworth and i were guardians , as may appear in the court of wards , and many things passed between us in that behalf ; yet to my remembrance i saw not this gentleman but once in these three quarters of a year last past ; at which time he came to seek his brother-in-law , the lord clifford , who was then with me at dinner at lambeth . for one of the punishments laid upon me , it was told me by the lord conway , that i must meddle no more with the high commission ; and accordingly within a few days after a warrant is sent to the attorney general , that the commission must be renewed , and the archbishop must be left out : this under hand being buzzed about the town with no small mixture of spight , i conceived it to be agreeable to the proceedings with the lords and gentlemen which refused to contribute to the loan , they all being laid aside in the commissions for lieutenancy , and the peace , in their several countreys . for my part , i had no cause to grieve at this , since it was his majesties pleasure ; but it was by the actors therein understood otherwise , they supposing that this power gave me the more authority and splendor in the church and common-wealth . to deliver therefore truly the state of this question , it cannot be denied , but that it was a great point of policy for the establishing of order in the ecclesiastical , and consequently civil estate also , to erect such a court , whereby church-men that exorbitated in any grievous manner , might be castigated , and rectified , and such sort of crimes in the layety might be censured as were of ecclesiastical cognisance . and verily this is of great use in the kingdom , as well for cherishing the study of the civil law , as otherwise : so that it be kept incorruptible , and with that integrity , as so grave a meeting and assembly requireth . that was principally my care , who took much pains and spent much money , that in fair and commendable sort , justice was indifferently administred to all the kings people that had to do with us : but every one might see that this was to my singular trouble ; for besides that to keep things in a streight course , sometimes in fits of the gout , i was forced by my servants to be carried into the court , where i could not speak much , but with difficulty ; i was at no time free from petitions , from examinations , from signing of warrants , to call some , to release others , from giving way to speeding and forwarding acts of courts ; suitors as their fashion is being so importunate , as that in summer and winter , in the day , and in the night , in sickness and health , they would not be denied . these things were daily dispatched by me out of duty , and more out of charity , no allowance being of pay from the king , or of fee from the subject , to us that were the judges : nay , i may say more , the holding of that court in such sort as i did , was very expenceful to me out of my private purse , in giving weekly entertainment to the commissioners ; the reason whereof was this , king iames being desirous when he made me archbishop , that all matters should gravely and honorably be carried , directed me , that i should always call some of the bishops that were about london , and some divines , and civilians , that by a good presence , causes might be handled for the reputation of the action , and willed me therewithal to imitate therein , the lord archbishop whitgift , who invited weekly some of the judges to dinner , the rather to allure them thither . this advice proceeded from the bishop of durham that now is , which was not ill if it came from a good intention . i obeyed it singly , and did that which was enjoyned : but whereas in those times the commissioners were but few , since that time there hath been such an inundation of all sorts of men into that company , that without proportion , both lords spiritual and temporal , commissioners and not commissioners , resorted thither , and divers of them brought so many of their men , that it was truly a burthen to me . i think it may by my officers be justified upon oath , that since i was archbishop , the thing alone hath cost me out of my private estate one thousand pounds and a half , and if i did say two thousand pounds , it were not much amiss , besides all the trouble of my servants ; who neither directly nor indirectly gained six pence thereby in a whole year , but onely travel and pains for their masters honor , and of that they had enough : my houses being like a great hostry every thursday in the term ; and for my expences no man giving me so much as thanks . now this being the true case , if the church and commonwealth be well provided for in the administration of justice , and regard be had of the publick , can any discreet man think that the removing of me from this molestation , is any true punishment upon me : i being one that have framed my self to reality , and not to opinion , and growing more and more in years , and consequently into weakness , having before surfeited so long of worldly shews , whereof nothing is truly gained temporally but vexation of spirit ; i have had enough of these things and do not dote upon them : the world , i hope , hath found me more stayed and reserved in my courses . nevertheless , whatsoever was expedient for this , was dispatched by me while i lived at lambeth and croyden , albeit i went not out of door . yea , but you were otherwise inutile , not coming to the star-chamber , nor to the council-table ? my pain or weakness by the gout , must excuse me herein . when i was younger , and had my health , i so diligently attended at the star-chamber , that for full seven years i was not one day wanting . and for the council-table , the same reason of my indisposition may satisfie : but there are many other things that do speak for me . the greatest matters there handled , were for money , or more attempts of war : for the one of these , we of the clergy had done our parts already ; the clergy having put themselves into paiments of subsidy by an act of parliament , not only for these two last years , when the temporalty lay in a sort dry , but yet there are three years behind , in which our paiments run on with weight enough unto us ; and no man can justly doubt but my hand was in those grants in a principal fashion . and concerning the provisions for war , i must confess mine ignorance in the feats thereof : i knew not the grounds whereupon the controversies were entred in general : i thought that before wars were begun there should be store of treasure ; that it was not good to fall out with many great princes at once ; that the turning of our forces another way , must needs be some diminution from the king of denmark , who was engaged by us into the quarrel for the palatinate and germany , and hazarded both his person and dominions in the prosecution of the question . these matters i thought upon , as one that had sometimes been acquainted with councils ; but i kept my thoughts unto my self . again , i was never sent for to the council-table , but i went , saving one time , when i was so ill , that i might not stir abroad . moreover , i was sure that there wanted no councellors at the board , the number being so much increased as it was . besides , i had no great encouragement to thrust my crasie body abroad , since i saw what little esteem was made of me in those things which belonged to mine own occupation : with bishopricks , and deanries , or other church-places . i was no more acquainted , then if i had dwelt at venice , and understood of them but by some gazette . the duke of buckingham had the managing of these things , as it was generally conceived : for , what was he not fit to determine , in church , or commonwealth ; in court , or council ; in peace , or war ; at land , or at sea ; at home , or in foreign parts ? montague had put out his arminian book ; i threee times complained of it , but he was held up against me , and by the duke magnified as a well-deserving man. cosens put out his treatise , which they commonly call [ the seven sacraments ; ] which , in the first edition , had many strange things in it , as it seemeth : i knew nothing of it , but as it pleased my lord of durham , and the bishop of bath : so the world did read . we were wont in the high-commission to repress obstinate and busie papists : in the end of king iames his time , a letter was brought me under the hand and signet of the king , that we must not meddle with any such matter , nor exact the twelve-pence for the sunday of those which came not to the church , ( with which forfeit we never medled . ) and this was told us to be in contemplation of a marriage intended with the lady mary the daughter of france . after the death of king iames , such another letter was brought from king charls , and all execution against papists was suspended . but when the term was at reading , by open divulgation in all courts under the great seal of england , we and all magistrates are set at liberty to do as it was prescribed by law : and now our pursuvants must have their warrants again , and take all the priests they can , whereof mr. cross took fourteen or fifteen in a very short space . not long after , all these are set free ; and letters come from the king under his royal signet , that all warrants must be taken from our messengers , because they spoiled the catholicks , and carried themselves unorderly unto them , especially the bishops pursuvants : whereas we had in all but two ; cross my messenger , for whom i did ever offer to be answerable ; and thomlinson , for whom my lord of london ( i think ) would do as much . but the caterpillers indeed , were the pursuvants used by the secretaries , men of no value , and shifters in the world , who had been punished and turned away by us for great misdemeanors . but truth of religion and gods service , was wont to overrule humane policies , and not to be overruled ; and i am certain that things best prosper , where those courses are held . but be it what it may be , i could not tell what to make of this variation of the compass ; since it was only commanded unto me to put such and such things in execution , but i never understood any thing of the councel , whereby i might give my judgment how fit , or unfit they were , or might speak to alter the tenure , whereunto in former times i had been otherwise used . variety of reasons breedeth variety of actions . for the matter of the loan , i knew not a long time what to make of it : i was not present when the advice was taken ; i understood not what was the foundation whereupon the building was raised , neither did ever any of the council acquaint me therewith . i saw on the one side the kings necessity for money , and especially it being resolved that the wat should be pursued ; and on the other side i could not forget , that in the parliament great sums were offered , if the petitions of the commons might be hearkened unto . it ran still in my mind , that the old and usual way was best ; that in kingdoms , the harmony was sweetest , where the prince and the people tuned well together ; that , whatsoever pretence of greatness , he was but an unhappy man that set the king and the body of the realm at division ; that the people ( though not fit to be too much cockered , yet ) are they , that must pray , that must pay , that must fight for their princes ; that it could not be , but a man so universally hated in the kingdom as the duke was , must for the preservation of himself desperately adventure on any thing , if he might be hearkened unto . these meditations i had with my self ; and god knoweth i frequently in my prayers did beg , that he whom these things did most concern , would seriously think upon them . it ran in my mind , that this new device for money could not long hold out ; that then we must return into the high-way , whither it were best to retire our selves betimes , the shortest errors being the best . but these thoughts i suppressed within my soul ; neither did i ever discourage any man from lending , nor encourage any man to hold back : which i confidently avouch . at the opening of the commission for the loan , i was sent for from croyden . it seemed to me a strange thing ; but i was told there , that howsoever it shewed , the king would have it so , there was no speaking against it . i had not heard , that men throughout the kingdom should lend money against their will ; i knew not what to make of it : but when i saw in the instructions , the refusers should be sent away for soldiers to the king of denmark , i began to remember urias that was sent in the forefront of the battel ; and to speak truth , i durst not be tender in it . and when afterwards i saw , that men were to be put to their oath , with whom they had had conference , and whether any did disswade them ? and yet further beheld , that divers were to be imprisoned : i thought this was somewhat a new world . yet all this while i swallowed my own spittle , and spake nothing of it to any man. nay , when after some trial in middlesex , the first sitting was for surrey in my house at lambeth , and the lords were there assembled with the justices of the whole county , i gave them entertainment in no mean fashion : and i sate with them , albeit i said nothing ; for the confusion was such , that i knew not what to make of it : things went on every day , and speech was of much money to be raised out of some counties ; yet afterwards it was not so readily paid , as preferred ; and at length some refused even in london it self , and southwark , besides many gentlemen of special rank , and some lords , as it was said . and though it was reported that they were but a contemptible company , yet the prisons in london demonstrated that they were not a very few , but persons both of note and number . the judges besides concurring another way ; that they could not allow the legality of the demand , and the enforcement that is used thereupon , did somewhat puzzle me for being too busie in promoting of that , for which i might one day suffer . yet hitherto i remained silent , hoping that time would break that off , which was almost come to an absolute period . but in stead of this , by the permission of god , i was called up to the king to look clearly into the question . when the allowance of sibthorp's pamphlet was put upon me , i then had some reason out of the grounds of that sermon to fear , ( and i pray god that my fear was in vain ) that the duke had a purpose to turn upside down the laws , and the whole fundamental courses , and liberties of the subject ; and to leave us not under the statutes and customs which our progenitors enjoyed , but to the pleasure of princes ; of whom , as some are gentle and benign , so some others , to ingr●at themselves , might strain more then the string will bear . besides now it came in my heart , that i was present at the kings coronation , where many things on the princes part were solemnly promised ; which being observed would keep all in order , and the king should have a loving and faithful people , and the commons should have a a kinde and gracious king. the contemplation of these things made me stay my judgment ; not any unwillingness to do my prince any dutiful service , whom i must and do honor above all the creatures in the world , and will adventure as far for his true good , as any one whatsoever . but i am loth to plunge my self so over head and ears in these difficulties , that i can neither live with quietness of conscience , nor depart out of the world with good fame and estimation . and perhaps my soveraign , if hereafter he looked well into this paradox , would of all the world hate me , because one of my profession , age and calling , would deceive him , and with base flattery swerve from the truth . the hearts of kings are in the hand of god , and he can turn them as the rivers of water . i draw to a conclusion : only repute it not amiss , ( because so much falleth in here ) to observe a few words of the duke of buckingham , not as now he is , but as he was in his rising . i say nothing of his being in france , because i was not present , and divers others there be that remember it well ; but i take him at his first repair to court. king iames , for many insolencies , grew weary of somerset ; and the kingdom groaning under the triumvirate of northampton , suffolk and somerset , ( though northampton soon after died ) was glad to be rid of him . we could have no way so good to effectuate that which was the common desire , as to bring in another in his room ; one nail ( as the proverb is ) being to be driven out by another . it was now observed that the king began to cast his eye upon george villiers , who was then cup-bearer , and seemed a modest and courteous youth . but king iames had a fashion , that he would never admit any to nearness about himself , but such a one as the queen should commend unto him , and make some suit on his behalf ; that if the queen afterwards being ill intreated , should complain of this dear one , he might make his answer , it is long of your self , for you were the party that commended him unto me . our old master took delight strangely in things of this nature . that noble queen ( who now resteth in heaven ) knew her husband well ; and having been bitten with favorites both in england and scotland , was very shie to adventure upon this request . king iames in the mean time more and more loathed somerset , and did not much conceal it that his affection increased towards the other . but the queen would not come to it , albeit divers lords ( whereof some are dead , and some yet living ) did earnestly sollicit her majesty thereunto . when it would not do , i was very much moved to put to my helping hand ; they knowing that queen anne was graciously pleased to give me more credit then ordinary ; which all her attendants knew she continued to the time of her death . i laboured much , but could not prevail : the queen oft saying to me ; my lord , you and the rest of your friends know not what you do : i know your master better then you all ; for if this young man be once brought in , the first persons that he will plague must be you that labor for him , yea i shall have my part also ; the king will teach him to despise and hardly intreat us all , that he may seem to be beholden to none but himself . noble queen ! how like a prophetess or oracle did you speak ! notwithstanding this we were still instant , telling her majesty that the change would be for the better : for , george was of a good nature , which the other was not ; and if he should degenerate , yet it would be a long time before he were able to attain to that height of evil which the other had . in the end upon importunity queen anne condescended , and so pressed it with the king , that he assented thereunto : which was so stricken while the iron was hot , that in the queens bed-chamber the king knighted him with the rapier which the prince did wear . and when the king gave order to swear him of the bed-chamber , somerset , who was near , importuned the king with a message , that he might be only sworne a groom : but my self and others that were at the door , sent to her majesty , that she would perfect her work , and cause him to be sworne a gentleman of the chamber . there is a lord or two living that had a hand in this atchievement ; i diminish nothing of their praise for so happy a work : but i know my own part best ; and , in the word of an honest man , i have reported nothing but truth . george went in with the king ; but no sooner he got loose , but he came forth unto me into the privy-gallery , and there embraced me : he professed that he was so infinitely bound unto me , that all his life long he must honor me as his father . and now he did beseech me that i would give him some lessons how ●e should carry himself . when he earnestly followed this chace , i told him i would give him three short lessons , if he would learn them . the first was , that daily upon his knees he should pray to god to bless the king his master , and to give him ( george ) grace studiously to serve and please him . the second was , that he should do all good offices between the king and the queen , and between the king and the prince . the third was , that he should fill his masters ears with nothing but truth . i made him repeat these three things unto me , and then i would have him to acquaint the king with them , and so tell me when i met him again , what the king said unto him . he promised me he would ; and the morrow after , mr. tho. murrey the princes tutor and i standing together in the gallery at whitehall , sir geo. villeirs coming forth and drawing to us , he told mr. murrey how much he was beholden unto me , and that i had given him certain instructions ; which i prayed him to rehearse , as indifferently well he did before us ; yea , and that he had acquainted the king with them , who said , they were instructions worthy of an archbishop to give to a young man. his countenance of thankfulness for a few days continued , but not long either to me , or any other his welwishers . the roman historian tacitus hath somewhere a note , that benefits while they may be requited seem courtesies ; but when they are so high that they cannot be repaid , they prove matters of hatred . thus , to lie by me to quicken my remembrance , i have laid down the cause and the proceedings of my sending into kent , where i remain at the writing of this treatise : praying god to bless and guide our king aright ; to continue the prosperity and welfare of this kingdom , which at this time is shrewdly shaken ; to send good and worthy men to be governors of our church : to prosper my mind and body , that i may do nothing that may give a wound to my conscience ; and then to send me patience quietly to endure whatsoever his divine majesty shall be pleased to lay upon me ; da quod jubes , & jube quod vis ! and in the end to give me such a happy deliverance either in life or death , as may be most for his glory , and for the wholsom example of others , who look much on the actions and passions of men of my place . among those many gentlemen who were imprisoned throughout england for refusing to lend upon the commission for loans , only five of them brought their habeas corpus , viz. sir thomas darnell , sir iohn corbet , sir walter earl , sir iohn heveningham , sir edward hampden . in michaelmas term caroli , a return was made of their several commitments . [ to instance only in one , all the rest being in the same form . ] the warden of the fleet made this return : that sir walter earl knight named in the writ , is detained in the prison of the fleet in his custody , by special command of the king to him signified by warrant of several of the privy-council , in these words : whereas sir walter earl knight was heretofore committed to your custody , these are to will and require you still to detain him , letting you know that both his first commitment , and direction for the continuance of him in prison , were and are by his majesties special commandment . from whitehall , novemb. . . tho. coventry , &c. sir thomas darnell was the first that was brought to the bar upon that writ ; where the kings attorney-general sir robert heath did inform the court , that his majesty told him , he heard that some of the imprisoned gentlemen for the loan did report , that the king did deny them the course of justice ; and therefore his majesty commanded him to renew the writ of habeas corpus , lest they should not move for another themselves , by reason the warden of the fleet had not returned the first according to his duty . to this sir thomas darnell replied , that such words never came into his thoughts : and did humbly pray they might make no impression upon the court to the disparagement of his cause ; for he was accused of that he was in no manner guilty of . upon which sir nicholas hide chief justice said , that he had made a fair and temperate answer : and you may perceive ( said the chief justice ) the upright and sincere proceedings which have been in this business : you no sooner moved for a habeas corpus , but it was granted you ; you no sooner desired council , but they were assigned you , though any council might move for you without being assigned , and should have had no blame for it : the kings pleasure is , his law should take place and be executed , and for that do we sit here ; and whether the commitment be by the king or others , this court is the place where the king doth sit in person to do right , if injury be done : and we have power to examine it ; and if it appear that any man hath wrong done him by his imprisonment , we have power to deliver and discharge him ; if otherwise , he is to be remanded by us to prison again . and the attorney-general , after the chief justice had spoken , said , though this be a case which concerns the king in an high degree , yet he hath been so gracious and so just , as not to refuse the examination and determination thereof according to the laws of the kingdom . then the court proceeded to hear the arguments made in the prisoners behalf . mr. noy argued for sir walter earl , serjeant bramston for sir iohn heveningham , mr. selden for sir edward hampden , mr. calthrop for sir iohn corbet , who were all assigned of council with the prisoners by the court of kings-bench , upon a petition delivered by them to that purpose . after they had argued , mr. attorney had a day appointed to argue for the king. it is not our intention to take up the readers time with the arguments at large , either by the one side , or the other : we shall only hint unto you some generals , chiefly concerning the form of the return of the writ . the first exception taken by the council for the imprisoned gentlemen , was to the form of the return . . for that the return is not positive , but referred to the signification made by another , ( by the lords of the council . ) . the keepers of the prisons have not return'd the cause of the commitment , but the cause of the cause ; which they held not to be good . . that the return of the commitment is imperfect , for that it sheweth onely the cause of the detaining in prison , and not the cause of the first commitment . lastly , that the return is contradictory in it self : for that in the first part thereof it is certified , that the detaining of those gentlemen in prison is per speciale mandatum domini regis ; and when the warrant of the lords of the council is shewn , it appeareth that the commitment is by the command of the king signified by the lords of the council . the second general exception was to the matter of the return ; and that was touching the imprisonment , per speciale mandatum domini regis , by the lords of the council , without any cause expressed . wherefore , said mr. selden , by the constant and setled laws of this kingdom ( without which we have nothing ) no man can be justly imprisoned either by the king or council , without a cause of the commitment ; and that ought to be expressed in the return . the law saith expresly , no free-man shall be imprisoned without due process of the law : nullus liber homo capiatur vel imprisonetur nisi per legem terrae , &c. and in the charter of king iohn there are these words , nec eum in carcerem mittimus , we will not commit him to prison ; that is , the king himself will not . this right ( said serjeant bramston ) is the onely means that a subject hath whereby to obtain his liberty ; and the end of it is to return the cause of the imprisonment , that it may be examined in this court whether the parties ought to be discharged or not : which cannot be done upon this return ; for the cause of the imprisonment is so far from appearing particularly by it , that there is no cause at all expressed : and the writ requires that the cause of the imprisonment should be returned , and the cause ought to be expressed so far , as that it ought to be none of those causes for which by the laws of the kingdom the subject ought not to be imprisoned ; and it ought to be expressed , that it was by presentment or indictment , or upon petition or suggestion made unto the king. for ( said he ) observe but the consequence : if those gentlemen who are committed without any cause shewn , should not be bailed , but remanded ; the subjects of the kingdom may be restrained of their liberty for ever , and by law there can be no remedy . we shall not reflect upon the present time and government ; but we are to look what may betide us in time to come hereafter . the laws are called the great inheritance of every subject , and the inheritance of inheritances , without which we have nothing that deserves the name of inheritance . if upon a habeas corpus a cause of commitment be certified , then ( said mr. noy ) the cause is to be tryed before your lordships ; but if no cause be shewn , the court must do that which standeth with law and justice , and that is to deliver the party . the commons did complain in ed. . his time , that the great charter and other statutes were broken ; they desired , that for the good of himself and his people they may be kept and put in execution , and not infringed by making any arrest by special command , or otherwise . and the answer which was given them was this , that the said great charter and other statutes should be put in execution according to the petition , without disturbance of arrests by special command ; and the king granteth the commons desire in the same words as they were expressed in their petition . and afterwards complaining again , that notwithstanding this answer of the king , they were imprisoned by special command , without indictment or other legal course of law : the kings answer was upon another petition unto him , that he was therewith well pleased ; and for the future he added further , if any man be grieved , let him complain , and right shall be done . and forasmuch as it doth not appear to the court , that there was any cause of the commitment of these members , no charge against them , no indictment or process according to the laws : wherefore mr. noy prayed they might be no longer detained in prison , but be bailed or discharged ▪ admit the commitment of the command of the king was lawful , yet , said mr. calthorp , when a man hath continued in prison a reasonable time , he ought to be brought to answer , and not to continue still in prison without being brought to answer ; for that it appeareth by the books of our laws , that liberty is a thing so favored of the law , that the law will not suffer the continuance of a man in prison for any longer time then of necessity it must : and therefore the law will neither suffer the party , sheriffs or judges to continue a man in prison by their power and pleasure . it doth speak of the delivery of a man out of prison with as reasonable expedition as may be : and upon this reason it hath been resolved , that howsoever the law alloweth that there may be a term between the teste of an original writ , and the return of the same , where there is only a summons , and no imprisonment of the body ; yet the law will not allow that there should be a term between the teste of a writ of capias , and the return of the same , where the body of a man is to be imprison'd ; insomuch that it will give no way that the party shall have power to continue the body of a man longer time in prison then needs must ; so tender is the law of the subjects liberty . monday the . of november , the attorney-general argued for the king , that this was a very great cause , and hath raised great expectation ; and he was afraid that those gentlemen whom it concerns , have rather advised their councils , then their councils them . for the first exception , that the return is not positive , but hath relation to some others ; he did conceive it was positive enough : for ( said he ) the words are , quod detentus est sub custodia mea per speciale mandatum domini regis : the other words [ mihi significatum ] they follow after , but are not part of the affirmation made before it . and if they will have it as they seem to understand it , then they must return the words thus ; quod significatum est mihi per dominos privati consilii , quod detentus est per speciale mandatum domini regis ; and then it had not been their own proper return , but the signification of another , the lords of the council . the turning of the sentence would resolve this point ; the thing it self must speak for it self : it is clear , it is a positive return , that the detaining is by the command of the king ; and the rest of the return is rather satisfaction to the court , then any part of the return . and for the other exception , that the cause of the cause is returned , and not the cause it self ; he said , among the logicians there are two causes ; there is causa causans , and causa causata . the causa causans here in this case , is not the warrant from the lords of the council , for that is causa causata : but the primary and original cause , which is causa causans , is , speciale mandatum domini regis ; the other is but the councils signification , or testification , or warrant for him that made the return . and for the other exception , the cause is imperfect , because it shews only the cause of detaining in prison , and not the cause of the first commitment ; he conceives it is sufficient for an officer of the law to answer , that the writ is a command to make a return of the detaining of the prisoner , and he accordingly makes a return of the detention ; and if the keeper of the prison had only said they were detained per speciale mandatum , &c. it had been good . then he proceeded to the matter of the return , and to answer the book-cases and records that had been cited by the council for the prisoners , and to produce presidents on the kings behalf ; which are extant in print , to which the reader is referred . afterwards sir nicholas hide chief justice , justice dodderidge , justice iones , and justice whitlock being upon the bench , and sir iohn heveningham and the forementioned prisoners being brought to the bar , sir nicholas hide lord chief justice , by the consent and direction of the judges , spake to this purpose : that the court hath seriously considered what hath been spoken by either side , and are grown to a resolution ; and that his brothers have enjoined him to deliver unto you the resolution of the whole court ; and therefore ( said he ) though it be delivered by my mouth , it is the resolution of us all . i am sure you expect justice from hence , and god forbid we should sit here but to do justice to all men according to our best skill and knowledge , as it is our oaths and duties so to do . but this is a case of very great weight , and great expectation , and requires more solemn arguments then the time will now permit . the exceptions which have been taken to this return , are two ; the one for the form , the other for the substance . first for the form , because it is not returned , as they say , positively and absolutely , but with reference to a warrant of the lords of the council : now the court is of opinion , that this is a positive and absolute return , upon this reason , that the keeper of the prison first returns , that they are detained by the special command of the king ; and if they had ceased there , it had been positive : and for that which follows , that it was signified to him by the lords of the council , this is only to certifie the court that he returned the cause truly , and not to shew us that he had no knowledge of the cause but by the signification of the lords of the council : there is not one word in the writ that demands the cause why they were taken , but why they are detained . so that that point in the writ is sufficiently answered , which was only to certifie the cause of the detention : and therefore we resolve , that the form of this return is good . the next thing is the main point in law , whether the substance or matter of the return be good , or no ? where in the substance is this ; he doth certifie that they are detained in prison by the special command of the king : and whether this be good in law , or no , is the question . here the lord chief justice did mention the several presidents and book-cases cited by each side , too long to be here related . and concluded , that that which is now to be judged by us , is this , whether one that is committed by the kings authority , and no cause shewn of his commitment , according as here it is upon this return , whether we ought to deliver him by bail , or to remand him back again ? where by the way you must know , that we can take notice only of this return ; that when the case appears to us no otherwise then by the return , we are not bound to examine the truth thereof , but the sufficiencie of the return : we cannot judge upon rumors or reports , but upon that which is before us on record , which is examinable by us whether it be sufficient , or not . mr. attorney hath told you , that the king hath done it ; and we trust him in great matters : and we make no doubt but the king , if you seek to him , knowing the cause why you are imprisoned , will have mercy ; but we leave that , we must not counsel you : if in justice we ought to deliver you , we would do it ; but upon these grounds , records , presidents and resolutions cited and produced , the court is of opinion they cannot deliver you , but you must be remanded . whilst these arguments about the loan were in agitation , ( which began in october in michaelmas-term ) various reports and advertisements came from the isle of rhee : sometime , that they were in a treaty with the duke to surrender the citadel unto him ; others wrote , that it was but a device of the governor to get time till relief came : and many were dissatisfied with the presents and complements which passed between the duke and the governor of the citadel ; civilities to an enraged enemy ( as was said ) seldom producing good effect . besides it was observed , the governor by his frequent sending out of messengers ( though in a military way with drums and trumpets ) gave the enemy advantage of seeing the works and army . but the vulgar sort at home spake more plainly of the miscarriages at rhee , how all things went there — the clean contrary way , it hath been observed , when things come to be vox populi , it is commonly an ill presage : but at this time , persons of better quality and judgment gave out odd speeches concerning affairs at rhee ; that the business could not go well at the isle of rhee ; that there must be a parliament ; that some must be sacrificed , that bishop laud was as like as any . the bishop hearing of these speeches , and that they were doubled , being spoken by several persons , he acquainted the king therewith ; who replied unto him , let me desire you not to trouble your self with any reports , till you see me forsake my other friends , &c. and the parliament which afterwards followed ( said bishop laud ) sought his ruine , which by the kings sudden dissolution thereof was prevented , and the kings other friends by that means not forsaken . notwithstanding these reports , the king is resolved speedily to set to sea divers ships with a further supply of soldiers to be sent to the army in the isle of rhee ; and commands to press certain companies of soldiers and mariners , who were to rendevouz at plymouth , and from thence to be imbarqued and disposed as aforesaid . in order to which service , the king by commission appointed the said soldiers and mariners to be at present under the command of charls l. vicount wilmot : but afterwards his majesty by commission did constitute and appoint the earl of holland to repair to plymouth , and there to take into his charge and under his command , the oversight , rule , order and government of all the said soldiers and mariners both at sea and land , and to see them , and all provisions and necessaries to be shipped , and with all conveniencie to be transported and conducted to the isle of rhee ; and a squadron of ships was also appointed for their transportation , and he was to deliver them under the command of the duke of buckingham admiral of england , and general of the army . but before the earl of holland set sail , let us see what they are doing at the isle of rhee . the first news we meet with there , is , that the french ( notwithstanding our army at land , and a hundred sail of ships at sea ) had got into the harbor with relief of provisions : and that sir iohn burroughs , the . of september , going to take a view of the works , was shot with a bullet , whereof he presently dyed ; his death was much lamented , having been a great honor to the english nation both at home and abroad . about this time landeth sir pierce crossby , and some other commanders , with about sixteen hundred english and irish , which came as an assistance to the forces before rhee . and now toras the governor began to foresee want , notwithstanding his late supply , and to study all ways and means how to give advertisement to the king of france of the low condition he was reduced unto . sandgrein , a frenchman , adventured out of the citadel , and privately escaped the guards , and got with intelligence to the king of france : yet toras fearing left he might miscarry , prevailed with three of his men , promising large rewards , to adventure their lives , and to swim to the shore of the main continent : two miscarried , but the third got safe , and delivered the message which the governor entrusted him with . in the mean time more small vessels got into the harbor under the citadel , and was a further ( though small ) supply unto them . but the king of france was extremely allarm'd by the advertisement from toras , and thereupon blocks up rochel with his army , as if he had designed the taking of it ; but the main end in seeming to design the army against rochel , was thereby to take the opportunity to be near at hand to land forces under the favor of the little-fort , so much neglected at first , and to put victuals into the citadel at s. martins , which was at that time reduced to a low condition . and the same was effected time after time , and supplies of men and victuals got in , notwithstanding the english guards at land and sea , which now and then took some of the vessels ; but nevertheless so much provision got in , as served their occasion in the citadel to the end of the siege . now the rochellers , after they had in vain continued promises of obedience to the king of france , and entettained a division among the protestants , one party crossing another , and finding the evil consequence of the division , they put forth a manifesto , and declare for england ; and the duke of rhoan having given commissions to raise forces to assist the english , declareth in preservation of the edict of two peaces , and protesteth not to demand any thing but the observation of the said edicts . on the other part the king of france declareth and promiseth , that he will on his part observe the said edict : and further declares the duke of rhoan to be drawn to death ; and declares sobiez a traitor , and that he that should kill him , should be accounted noble . by this time the french had got a great supply of shipping from the spaniard for their assistance , which with their own made up above a hundred sail , ( exceeding the english navy in number ) yet did avoid engaging with the english fleet , exercising all their skill and art how to get in a good and round supply of provision into the citadel ; and toras the governor employed his wit to gain time to that end , by entertaining a treaty of surrender upon honorable terms ; and prevails with the duke that he may first send to the king of france , that he might come off with honor : the duke consents thereunto , on condition that an english gentleman , an attendant upon the duke , might go with that party which toras sent , and have a safe conduct through france to pass into england . and so they both go to the court of france , where the english gentleman was secured , but the party whom toras sent did his errand , and no doubt gave the king of france a perfect account of their condition in the citadel ; whilst the english gentleman was detained that he could not do the like service for the king of england , in delivering to him what he had in command from the duke . the french gentleman returns to the leagure at s. martins ; but by reason the english gentleman was not permitted to go for england , the frenchman was not permitted to go again into the citadel . toras again renews the treaty , pretending that if he had not relief such a day by such an hour , he would surrender : and spun out the time so long , that in good earnest relief got in both of men , victuals and ammunition , and the same vessels which brought the relief , carried away the sick and wounded , and unserviceable men in the citadel . so the treaty proceeded no further ; and the enemy holds upon their pike-heads mutton , capons , turkies , &c. to let the english see they had no want . now we go to work with mine and battery ; and presently also comes news , that the french had landed more forces near the meadow-castle , ( a place also at the first neglected , though then unmanned ) and orders are given to draw out men ( leaving the trenches unguarded ) to encounter the french that were landed : which was performed with some reasonable success ; but the enemy got security under the castle , and thereupon the english retreated , and were enforced to fight to recover their trenches , which the enemy had now possessed , and many mens lives were lost in the regaining thereof . this last refreshment of the enemy ( being about the middle of october ) caused the duke to enter into council , and to think of a resolution for a retreat ; which he communicated to sobiez , and tells him further , that the season is past , his army diminished , his victuals consumed , and his council of war had judged it fitting to retire . sobiez answered the duke , that the earl of holland's fleet was coming with supplies ; that the relief given was not considerable ; that the retreat would draw after it the loss of rochel , and thereby make sobiez guilty of the ruine thereof ; but above all , it would bring an irreparable prejudice and dishonor upon his master of great britain , that had made an enterprise of so little honor and profit . upon this the duke continues the siege , and shortly after resolves to storm the citadel and works ; to which ( it was said ) the english commanders were much averse , but the french commanders were zealous for it : and so for a farewell , novemb. . a vain attempt was made on all sides of the citadel . in short , we lost men and honor ; for the fort was unaccessible , besides well manned with fresh supplies of men newly put in : and having left many dead and hurt , we were forced to retire . this ill success , with the advise given that the troops of the other forts did increase , ( the french , notwithstanding our shipping , pouring their forces amain into the island ) hastened the duke to raise the siege and to retreat , to ship his men again for england . novemb. . early in the morning the drums beat , and the army prepares for a march ; but scarce had the rearguard come out , but the troops of the enemy appeared equal in number for foot , and far stronger in horse , which the enemy had ( during the siege ) landed in the island under the favor of the little-fort , and the meadow-castle , ( the two places so strangely omitted at the first to be possessed by the english : ) yet notwithstanding their strength , and the advantage of falling upon an army on a retreat , which had endured much hardship and received many discouragements , would not the enemy engage in plain field , when the duke several times drew up the army in their march , and made a stand in hopes of a battel . but the wary french commander shunned the hazard of fight on equal terms , foreseeing a greater advantage with less hazard : for no sooner were the english entred into the narrow causey and lane , having on each hand deep ditches and salt-pits , but the enemy observed the advantage , and that the english had neglected to raise a fort at the entry of the causey to secure their retreat , and ( yet worse ) that they had not raised a fort at the further end thereof near the bridge to secure the passage over it , but had only raised a small work not tenable on the further side of the bridge , whereupon the enemy advanced with great fury on a weak rearguard of horse , and quickly put them to a retreat , who in that narrow causey disordered the foot , and the enemy thereby took the advantage , followed close and did much execution upon the english : those who escaped the sword , were drowned in the salt-pits and ditches ; and the crowd was so great on the bridge , ( the enemy pursuing them over ) that many english were drowned in the river . yet in this discom●ited condition the english took courage , faced about , rallied their forces , made up a smart body that drew up to fight the enemy ; but the french ( not daring to engage but upon great advantage ) were enforced to retreat over the bridge . the english lost several hundreds of men , and many colors , and great was their dishonor : the loss of the men was not so great , as that they were left upon so unequal terms , where the proof and valor of an englishman could not put forth it self . novemb. . the army was shipped , and the duke promiseth the rochellers to come again to their relief , and presently after set sail for england , meeting with the earl of holland as he was setting out of plymouth coming with a supply . and now every man passeth his censure upon this expedition : some laying the fault upon the duke , ( ) for being too slow in his march after the first landing , whereby the enemy got in provision and heartned his men . ( ) in being too remiss during the siege , in not preventing provisions for going into the citadel , by doubling guards at land and sea , when the wind stood fair . ( ) in omitting to take in the little fort , from whence ( as it was said ) proceeded all the misery that afterwards followed . ( ) in retreating before all things were certainly prepared in order to a secure march in narrow places and passages . the duke pleaded for himself , that he acted for the most part by the advice of a council of war ; and if orders were given , and not observed , it was not his fault : that had the earl of holland come with a supply of shipping , men and victuals , so soon as he might and ought to have done , he had then without doubt so narrowly blocked up the harbor to the citadel by sea , that no provision should have got into it . the earl of holland answered for himself , that when he was ready to have gone aboard the fleet at plymouth , the ships with provision were not come out of chattam ; and when the provisions were shipt , time was spent before he could get them to a rendevouz ; and when they were come to a rendevouz , and he ready to set sail with the whole fleet , the winds proved contrary . but some of the chief commanders when they came into england , spake somwhat loudly of other miscarriages at rhee , pleading much on the behalf of the council of war. and now when the unfortunate action of rhee was known and published throughout the nation , the cry of the people was so great , and the kings necessities so pressing , that it was in every mans mouth , a parliament must needs be summoned : for we have now provoked two potent neigbor kings , and near enemies ; our coasts and ports were unguarded , our able commanders worne away or not imployed : the mariners come in multitudes to the court at whitehall , in great disorder and confusion crying out for pay , and much ado there was to appease them : the enemies come into our harbors , survey our rivers , and the fishermen can scarce look out : a vast number of our ships have been lost and taken in the three years past , and the merchants cease to build more , because they were prest for the kings service at a low rate , and not paid ; and the mariners flee from their own imployment , fearing to be prest again ; and our enemies grow upon us , especially in the eastern countries . we give you here a brief account of such arrearages as were behind and unpaid for freight of ships , seamens wages , and materials for shipping , in the years , , & . for freight of merchants and newcastle-ships imployed in his majesties service , and for several bills of provisions yet unpaid in the years , & , according to the former estimates & privy-seals passed for the same l. s. d. for the freight of sundry merchants and newcastle-ships imployed in his majesties service to the isle of rhee and other places , in the year for seamens wages in the same year , ending the last of this moneth the repairing of the hulls & masts of the said ships to make them fit only for imployment in the narrow-seas , together with repair , and for setting forth of the nostredame and sea-waller , two prise-ships for repairing the said ships mentioned in the margin , for their hulls , masts , &c. at marks apeece for supply of tuns of cordage taken out of his majesties stores , for furnishing to sea of several fleets , at l. s. d. per tun , being demanded upon several estimates to be made good at the end of each service , and yet unpaid besides these arrears , there were demands made by the navy for supplying the stores with mast , timber , plank , deal , sales , ropes , tar , tallow , iron , anchors , &c. the sum of the rochellers , after the dukes arrival in england , sent their deputies to his majesty for succor and relief in their distressed condition , and presented their desires in nature of a remonstrance to the king and the lords of the council ; wherein they gave his majesty most humble thanks for the great assistance and comfort they had received by the fleet sent in iuly last , whereof the duke of buckingham was admiral , which would have been of greater assistance unto them , had the season of the year permitted their stay longer there , or that the supply of victuals and ammunition had come unto them which his majesty had assigned . that they are given to understand , that there is application made to the king of denmark to propound the making of a peace between the two crowns of england and france , a thing to be wished ( if really intended : ) but the proceedings of france with the reformed churches there , hath hitherto been such , as when they spake most fair , and nothing but peace uttered , nothing less was intended , and great advantages thereby have been taken against the reformed churches . but in case the treaty do proceed , they humbly prayed , that then his majesty will be pleased to insist upon the capitulation which was made upon his mediation , and for which he passed his word that the reformed churches should perform on their part , which they kept inviolable till there were forces placed and kept in forts against them contrary to capitulation , and more forces drawn down in order to the reduction of the remonstrants , and a fleet unexpectedly come upon them to destroy their navigation , when nothing on their part was offered in violation of the treaty . they did further remonstrate , that now the forces of france are breaking down apace about them totally to block them up by land , and do intend to make a barracado cross the channel , leaving a narrow passage for the flux and reflux of the sea , and by that means to stop all manner of provisions by sea ; which evidently remonstrates their further ruine , if they with all expedition have not succor and help from his majesty of great britain : for their necessities and straits are very great already , by reason their magazines are consumed , their monies spent , and the inhabitants reduced to small allowances . and therefore do beseech his majesty with all possible diligence to send them supply of all sorts of provisions fit for a siege , and to succor them once more with the navy-royal to interrupt the blocking up of the river , otherwise they are inevitably lost . and lastly they did humbly beseech his majesty and the lords of his council to have also so far pity of their indigencie and need , as to permit a general collection to be made in england and scotland , of such persons whom god shall move to contribute to their succor and relief . and declare that they are resolved still to hold out , hoping yet a relief would come that might be of advantage unto them ; and they were assured thereof by the duke of buckingham at his departure , that he would once more come in person to their assistance . in this state of affairs , it is said , sir robert gotton being thereunto called , presented his advice to certain lords of the council in manner following . as soon as the house of austria had incorporated it self with spain , and by their new discoveries gotten to themselves the wealth of the indies , they began to affect , and have ever since pursued a fifth monarchy . the emperor charls would lay the first foundation of italy , by surprising rome : from this he was thrust by force , and respect of religion , hen. . being made caput foediris against him . he then attempted high-germany , practising by faction and force to reduce them first to petty states , and so to his absolute power : in this hen. . again prevented him , by laying the lutheran princes under this confederacie and assistance . his son the second philip pursued the same ambition in the netherlands of germany , by reduction whereof he intended to make his way further into the others . this the late queen of england interrupted , by siding with the afflicted people on the one part , and making herself the head of the protestant league with the princes on the other part , drawing in secret o● state the countenance of france , to give the more reputation of assistance to them , and security to it self . spain seeing his hopes thus fruitless by these unions , and streights , began first to break , if he might , the amity of france and england : but finding the common danger to be a fast tie , he raiseth up a party in that kingdom of his own ; by which the french king was so distressed , that had not the english council assisted and relieved him , spain had there removed that next and greatest obstacle of his ambition . his council now tells him from these examples , that the way to his great work is impossible , so long as england lay a let in his way ; and adviseth him , that the remove of that obstacle be the first of his intents . this drew on those often secret practises against the person of the queen , and his open fury in eighty eight against the body of the state : which she perceiving , following the advice of a free council , would never after admit of a peace ; winning thereby the hearts of a loving people , who ever found hands and money for all occasions at home , and keeping sacredly all her alliances abroad , securing to her confederates all her time freedom from fear of spanish slavery , and so ended her old and happy days in glory . spain then , by the wisdom and power of that great lady , despoiled so of his means to hurt , though not of his desires , makes up with her peaceful successor of happy memory that golden league ; that disarming us at home by the opinion of security , and giving them a power in our councils by believing their friendships and pretended marriage , gave them way to cherish amongst us a party of their own , and benefit of power abroad to lead in jealousie and some division between us and our confederates : by which we see they have swallowed up the fortune of your majesties brother's estate , with the rest of the imperial states ; distressed the king of denmark by that quarrel ; diverted sweden's assistance by the wars with the pole , and moving them now with offer of the danish crown ; and now ( whether from the plot of our fatality ) hath cast such a bone between france and us , as hath made themselves by our quarrel of religion a fast confederate , and us a dangerous enemy . so as now we are left no other assurance against their malice and ambition , but the netherlands , where the tie of mutual safety is weakned by daily discontents bred and fed between us by some ill-affected to both our securities , that from the doubtfulness of friendship as we now stand , we may rather suspect from our own domestick faction , if they grow too furious , they will rather follow the example of rome in her growing ( that held that equal safety , honorable and more easie , dare regnum , then subjugare provinciam ) considering the power they have in their hands , then to give any friendly assistance to save the present condition of a state. you may therefore see in what terms we stand abroad , and i fear we are at home for resistance in no better state . there must be to withstand a forein invasion , a proportion both of sea and land-forces : for to give an enemy an easie passage , and a port to relieve him in , is no less then to hazard all at one stake . and it is to be considered , that no march by land can be of that speed to make head against the landing of an enemy . then that follows , that there is no such prevention , as to be master of the sea. to this point of necessary defence , there can be no less then two hundred and forty thousand pounds . for the land-forces , if it were for an offensive war , the men of less livelihood were the best spared ; and we used formerly to make such war purgamenta reipub ▪ if we made no further purchase by it . but for the safety of a commonwealth , the wisdom of all times did never intrust the publick cause to any other then to such as had a portion in the publick adventure . and that we saw in eighty eight , when the care of the queen , and of the council , did make the body of that large army no other then of the trained bands , which with the auxiliaries of the whole realm , amounted to no less then twenty four thousand men . neither were any of these drawn from forth their country and proper habitations , before the end of may , that they might be no long grievance to the publick ; such discontentments being to us a more fatal enemy , then any forein forces . the careful distributing and directing of their sea and land-forces , being more fitting for a council of war , then a private man to advise of , i pass over ; yet shall ever be willing and ready , when i shall be called , humbly to offer up such observations as i have gathered by the former like occasion in this realm . to make up this preparation , there are requisite two things , money , and affections ; for they cannot be properly severed . it was well and wisely said of that great and grave councellor the lord burleigh in the like case , to the late queen ; win hearts , and you have their hands and purses . and i find that of late , diffidence hath been in the one , and hath unhappily prevented the other . in gathering then of money for this present need , there are three things requisite , speed , assurance , and satisfaction ; and the way to gather ( as in other like cases hath been done ) must be by the path-way formerly called via regia , being more secure and speedy : for by unknown and untrodden ways , it is both rough and tedious , and never succeedeth well . this last way , although it took place as it were by a supply at first , and received no general denial , yet since , it hath drawn many to consult with themselves and others in the consequence , as it is now conceived a pressure on their liberties , and against law. i much fear , if that now again it be offered , either in the same face , or by privy-seal , it will be refused wholly . neither find i that the restraint of the recusants hath produced any other effect , then a stiff resolution in themselves and others to forbear . besides , although it were at the first with some assurance , yet when we consider the commissions and other forms incident to such like services , as that how long it hangs in hand , and the many delays that are , we may easily see that such a sum granted by the parliament , is far sooner and easier levied . if any will make the succession of times to produce an inevitable necessity to enforce it if denied , whether in general by excise or imposition , or in particular on some select persons , which is the custom of some countries , and so conclude it , as there , for the publick state , suprema lege ; he must look for this to be told him , that seeing necessity must conclude always to gather money , 't is less speedy or assured then that by a parliament : the sucess attendeth the humor of the heedless multitude , that are full of jealousie and distrust , and so unlike to comply to any unusual course of levy , but by force ; which if used , the effect is fearful , and hath been fatal to the state. whereas that by parliament resteth principally on the regal person , who may with ease and safety mould them to his fit designs by a gracious yielding to their just desires and petitions . if a parliament then be the most speedy assurance and safe way , it is fit to conceive what is the fairest way to act and work that to the present need . first for the time of usual summons , forty days , reputed to be too large for this present necessity , it may be by dating the writs lessened , since it is no positive law ; so that a care be had that there may a county-day after the sheriff hath received the writ , before the time of sitting . if then the sum to be levied be once granted and agreed of for the time , there may be in the body of the grant an assignment made to the knights of every county respectively , who under such assurance may safely give security proportionable to the receipts , to such as shall adventure in present for the publick service any sums of money . the last and weightiest consideration , if a parliament be thought fit , is , how to remove or comply the differences between the king and subjects in their mutual demands . and what i have learned amongst the better sort of the multitude , i will freely declare , that your lordships may be the more enabled to remove , and answer those distrusts , that either concern religion , publick safety of the king and state , or the just liberty of the commonwealth . religion is a matter that they lay nearest to their consciences , and they are led by this ground of jealousie to doubt some practices against it . first , for that though the spanish match was broken by the careful industry of my lord of buckingham , out of his religious care ( as he then declared ) that the articles there demanded might lead to some such sufferance as might endanger the quiet , if not the state of the reformed religion here ; yet there have ( when he was an actor principal in the conditions of france ) as hard , if not worse to the preservation of our religion , passed , then those with spain . and the suspect is strengthened by the close keeping of this agreement , and doubt in them of his affection , in that his mother and others , many his ministers of near imploiment about him are so affected . they talk much of his advancing men popishly devoted , to places in the camp of nearest service and chief command ; and that the recusants have got these late years by his power , more courage and assurance then before . if to clear these doubts , ( which perhaps are worse in fancie then in truth ) he take a course , it might much advance the publick service against the squeamish humors , that have more of violent passion then of setled judgment , and are not the least of the opposite number in the commonwealth . the next is , the late misfortunes and losses of men , munition , and honor in the late undertakings abroad ; which the more temperate spirits impute to want of council , and the more sublime wits to practice . they begin with the palatinate , and lay the fault of the loss thereof on the imputed credit of gondomar , distrusting him for the staying of supply to sir horatio vere , when colonel cecil was cast on that imployment ; by which the king of spain became master of the kings childrens inheritance . and when count mansfield had a royal supply of forces to assist the princes of our party for the recovety thereof , either plot or error defeated the enterprise for us to spains advantage . that sir robert mansfields expedition to algiers , should purchase only the security and guard of the spanish coasts . to spend many hundred thousand pounds in the cadiz-voyage , against the advice in parliament , only to warn the king of spain to be in readiness , and so our selves weakned , is taken for a sign of an ill affection amongst the multitude . the spending of much munition , victuals and money , in my lord willoughbies journey , is counted an unthrifty error in the director of it ; to disarm our selves in fruitless voyages , may seem a plot of danger . it was held not long ago a fundamental rule of our neighbors , and our security , by the old lord burleigh , that nothing can prevent the spanish monarchy , but a fastness of those two princes , whose amity gave countenance and courage to the netherlands and german-princes to make head against his ambition . and we see , by this disunion , a fearful defeat hath happened to the king of denmark and that party , to the advantage of the austrian family . and this waste of publick treasure in fruitless expeditions , will be an important cause to hinder any new supply in parliament . another fear that may disturb the smooth and speedy passage of the kings desires in parliament , is the vast waste of the kings livelihood ; whereby is like , as in former times , to arise this jealousie and fear , that when he hath not of his own to support his ordinary charge , for which the lands of the crown were setled unalterable , and called sacrum patrimonium principis , that then he must needs of necessity rest upon those assistances of the people , which ever were only collected and consigned for the commonwealth ; from whence it is like there will be no great labor and stiffness , to induce his majesty to an act of resumption ; since such desires of the state have found an easie way in the will of all princes , from the third henry unto the last . but that which is like to pass the deepest into their disputes and care , is the late pressures they supposed to have been done upon the publick liberty and freedom of the subject , in commanding their goods without assent by parliament , imprisoning and confining their persons without special cause declared , and that made good against them by the judges lately , and pretending a writ to command their attendances in forein war ; all which they are like to enforce as repugnant to any positive laws , institutions , and customary immunities of this commonwealth . and these dangerous distastes to the people are not a little improved by the unexampled course , as they conceive , of retaining an inland army in winter-season , when former times of general fear , as in eighty eight , produced none such ; and makes them in their distracted fears to conjecture idly , it was raised wholly to subject their fortunes to the will of power , rather then of law ; and to make good some further breach upon their liberties and freedoms at home , rather then defend us from any force abroad . how far such jealousies , if they meet with any unusual disorder of lawless soldiers , are an apt distemper of the loose and needy multitude , which will easily turn away upon any occasion in the state that they can side withall , as a glorious pretence of religion and publick safety , when their true end will be only rapine and ruine of all , is worthy a prudent and preventing care . i have thus far delivered , with that freedom you pleased to admit , such difficulties as i have taken up amongst the multitude , as may arrest , if not remove impediments to any supply in parliament . which how to facilitate , may better become the care of your judgments , then my ignorance . only i could wish to remove away a personal distaste of my lord duke of buckingham amongst the people : he might be pleased , if there be a necessity of a parliament , to appear first adviser thereunto , and of the satisfaction it shall please his majesty of grace to give at such time to his people ; which i would wish to be grounded by president of his best and fortunate progenitors ; and which i conceive will satisfie the desires and hopes of all , if it may appear in some sort to be drawn down from him to the people , by the zealous care & industry that my lord of buckingham hath of the publick unity and content . by which there is no doubt but he may remain not only secure from any further quarrel with them , but merit a happy memory amongst them of a zealous patriot . for , to expiate the passion of the people , at such times , with sacrifice of any of his majesties servants , i have found it — as in ed. . rich. . hen. . — no less fatal to the master , then to the ministers in the end . these and such like considerations being represented to the king , ian. . a resolution is taken at the council-table , to call a parliament , to meet the . of march following . and now warrants are sent according to a preceding order made in this moneth , to all parts , to release the imprisoned gentry , and confined gentlemen , for the business of the loan-money : and as fast as writs came to the counties and boroughs to choose members for parliament , those gentlemen who suffered for the loan were chiefly in the peoples eye to be elected to serve for them in the ensuing parliament , to present their grievances , and assert their liberties . the names of the gentry , who about the time that writs issued out for a parliament , were released out of restraint and confinement , appear by the ensuing order and list. at whitehall : present , the kings majesty , lord treasurer , lord president , lord admiral , lord steward , lord chamberlain , earl of suffolk , earl of dorset , earl of salisbury , earl of morton , lord viscount conway , lord bishop of durham , lord b. bath and wells , mr. treasurer , mr. comptroller , master of the wards , mr. secretary cook , mr. chancellor of the exchequer , mr. chancellor of the duchy . it is this day ordered by his majesty being present in council , that the several persons hereunder written , shall from henceforth be discharged and set at liberty from any restraint heretofore put upon them by his majesties commandment : and hereof all sheriffs and other officers are to take notice . knights sir iohn strangewayes sir thomas grantham sir william armin sir william massam sir william wilmore sir erasmus drailon sir edward aiscough sir nathanael barnardiston sir robert poyntz sir beacham st. iohn sir oliver luke sir maurice berkley sir thomas wentworth sir iohn wray sir william constable sir iohn hotham sir iohn pickering sir francis barrington sir william chancey esquires . william anderson terringham norwood iohn trigonwell thomas godfrey richard knightley thomas nicholas iohn hampden george ratcliffe iohn dulton henry pool nathanael coxwell robert hatley thomas elmes gent. thomas wood iohn wilkinson william allen thomas holyhead all these remained confined to several counties . knights . sir walter earl sir thomas darnell sir harbotle grimston esquire . george catesby londoners . edward hooker george basset londoners . iames wooldrond londoners . henry sanders londoners . all prisoners in the fleet. knights . sir iohn corbet sir iohn elliot esquire . william coriton londoners . iohn stevens thomas deacon iohn potter in the gate-house . knight . sir iohn heveningham londoners . samuel vassal william angel in the marshalsey . londoners . william savage mathanael manesty in the new-prison . londoners . robert lever iohn peacock edward ridge iohn oclabery andrew stone william spurstow roger hughes iohn pope iames bunch thomas garris iames waldron iohn bennet ambrose aylot thomas sharp thomas totham augustine brabrook robert payne edward talston iohn whiting thomas webb iohn ferry all in the custody of a messenger . orders issued also from the council to the lord major and aldermen of london , to use moderation in the demanding of the loan-money from those of the city of london who deferred paiment . and now archbishop abbot , the earl of bristol , and the bishop of lincoln , notwithstanding the cloud they were under , are had in consideration by the king and council , and writs are ordered to be sent unto them to sit in the house of peers the ensuing parliament . after the writs of summons went forth , the king gave direction for a commission to raise monies by impositions in nature of an excise , to be levied throughout the nation , to pass under the great seal . and at the same time ordered the lord treasurer to pay thirty thousand pounds to philip burlemac a dutch merchant in london , to be by him returned over into the low-countries by bill of exchange unto sir william balfour and iohn dalbier , for the raising of a thousand horse , with arms both for horse and foot. the supposed intent of which german horse was , as was then feared , to inforce the excise which was then setting on foot . the council also had then under consideration the levying of ship-money upon the counties , to raise the king a revenue that way . but now that a parliament was called , the council held it unfit and unseasonable to debate these matters any further at that time . a little before the parliament assembled , a society of recusants was taken in clerkenwell : divers of them were found to be jesuites , and the house wherein they were taken was designed to be a colledge of that order . among their papers was found a copy of this letter written to their father rector at bruxels , discovering their designs upon this state , and their judgment of the temper thereof , with a conjecture of the success of the ensuing parliament . father rector , let not the damp of astonishment seise upon your ardent and zealous soul , in apprehending the sudden and unexpected calling of a parliament : we have not opposed , but rather furthered it ; so that we hope as much in this parliament , as ever we feared any in queen elizabeth's days . you must know , the council is engaged to assist the king by way of prerogative , in case the parliamentary way should fail . you shall see this parliament will resemble the pelican , which takes a pleasure to dig out with her beak her own bowels . the election of knights and burgesses hath been in such confusion of apparent faction , as that which we were wont to procure heretofore with much art and industry ( when the spanish match was in treaty ) now breaks out naturally as a botch or boil , and spits and spues out its own rankor and venom . you remember how that famous and immortal statesman the count of gondomar fed king james his fancy , and rocked him asleep with the soft and sweet sound of peace , to keep up the spanish treaty . likewise we were much bound to some statesmen of our own country , for gaining time by procuring those most advantagious cessations of arms in the palatinate , and advancing the honor and integrity of the spanish nation , and vilifying the hollanders ; remonstrating to king james , that that state was most ungrateful both to his predecessor queen elizabeth , and his sacred majesty ; that the states were more obnoxious then the turk , and perpetually injured his majesties loving subjects in the east-indies , and likewise they have usurped from his majesty the regality and unvaluable profit of the narrow-seas in fishing upon the english coast , &c. this great statesman had but one principal means to further their great and good designs , which was to set on king james , that none but the puritan-faction , which plotted nothing but anarchy , and his confusion , were averse to this most happy union . we steered on the same course , and have made great use of this anarchical election , and have prejudicated and anticipated the great one , that none but the kings enemies , and his , are chosen of this parliament , &c. we have now many strings to our bow , and have strongly fortified our faction , and have added two bulwarks more : for when king james lived ( you know ) he was very violent against arminianism , and interrupted ( with his pestilent wit and deep learning ) our strong designs in holland , and was a great friend to that old rebel and heretick the prince of orange . now we have planted that soveraign drug arminianism , which we hope will purge the protestants from their heresie ; and it flourisheth and bears fruit in due season . the materials which build up our bulwark , are the projectors and beggers of all ranks and qualities : howsoever , both these factions cooperate to destroy the parliament , and to introduce a new species and form of government , which is oligarchy . those serve as direct mediums and instruments to our end , which is the universal catholick monarchy . our foundation must be mutation , and mutation will cause a relaxation , which will serve as so many violent diseases , as the stone , gout , &c. to the speedy distraction of our perpetual and insufferable anguish of body , which is worse then death it self . we proceed now by councel and mature deliberation , how and when to work upon the duke's iealousie and revenge ; and in this we give the honor to those which merit it , which are the church-catholicks . there is another matter of consequence , which we take much into our consideration and tender care , which is to slave off the puritans , that they hang not in the duke's ears , they are impudent subtile people . and it is to be feared lest they should negotiate a reconciliation between the duke and the parliament : t is certain , the duke would gladly have reconciled himself to the parliament at oxford , and westminster ; but now we assure our selves we have so handled the matter , that both duke and parliament are irreconcileable . for the better prevention of the puritans , the arminians have already locked up the duke's ears ; and we have those of our own religion , which stand continually at the duke's chamber , to see who goes in and out : we cannot be too circumspect and careful in this regard . i cannot choose but laugh to see how some of our own coat have accoutred themselves ; you would scarce know them , if you saw them : and 't is admirable , how in speech and gesture they act the puritans . the cambridge-scholars to their woful experience shall see we can act the puritans a little better then they have done the jesuites : they have abused our sacred patron saint ignatius in jest , but we will make them smart for it in earnest . i hope you will excuse my merry digression ; for i confess unto you , i am at this time transported with joy to see how happily all instruments and means , as well great as less , cooperate unto our purposes . but to return unto the main fabrick : our foundation is arminianism ; the arminians and projectors , as it appears in the premisses , affect mutation . this we second , and enforce by probable arguments . in the first place we take into consideration the kings honor , and present necessity ; and we shew how the king may free himself of his ward , as lewis the eleventh did . and for his great splendor and lustre , he may raise a vast revenue , and not be beholden to his subjects ; which is by way of imposition of excise . then our church-catholicks proceed to shew the means how to settle this excise , which must be by a mercenary army of horse and foot. for the horse , we have made that sure ; they shall be foreiners , and germans , who will eat up the kings revenues , and spoil the country wheresoever they come , though they should be well paid ; what havock will they make there , when they get no pay , or are not duly paid ? they will do more mischief , then we hope the army will do . we are provident and careful , that this mercenary army of two thousand horse , and twenty thousand foot , shall be taken on and in pay before the excise be setled . in forming the excise , the country is most likely to rise : if the mercenary army subjugate the country , then the soldiers and projectors shall be paid out of the confiscations ; if the country be too hard for the soldiers , then they must consequently mutiny , which is equally advantagious unto us . our superlative design is , to work the protestants as well as the catholicks to welcom in a conqueror , and that is by this means : we hope instantly to dissolve trades , and hinder the building of shipping , in devising probable designs , and putting on the state upon expeditions , as that of cadiz was , in taking away the merchant ships , so that they may not easily catch and light upon the west-india fleet , &c. the parliament being assembled the seventeenth day of march , his majesty began with this speech . my lords and gentlemen , these times are for action : wherefore for examples sake , i mean not to spend much time in words ; expecting accordingly that your ( as i hope ) good resolutions will be speedy , not spending time unnecessarily , or ( that i may better say ) dangerously ; for , tedious consultations at this conjuncture of time , are as hurtful as ill resolutions . i am sure you now expect from me , both to know the cause of your meeting , and what to resolve on : yet i think there is none here but knows that common danger is the cause of this parliament , and that supply at this time is the chief end of it : so that i need but point to you what to do . i will use but few perswasions : for if to maintain your own advices , and as now the case stands for the following thereof , the true religion , laws , and liberties of this state , and the just defence of our true friends and allies , be not sufficient , then no eloquence of men or angels will prevail . only let me remember you , that my duty most of all , and every one of yours according to his degree , is , to seek the maintenance of this church and commonwealth : and certainly , there never was a time in which this duty was more necessarily required , then now . i therefore judging a parliament to be the antient , speediest , and best way in this time of common danger , to give such supply as to secure our selves , and to save our friends from imminent ruine , have called you together . every man now must do according to his conscience : wherefore if you ( as god forbid ) should not do your duties in contributing what the state at this time needs , i must in discharge of my conscience use those other means which god hath put into my hands , to save that which the follies of particular men may otherwise hazard to lose . take not this as a threatening , for i scorn to threaten any but my equals ; but an admonition from him , that both out of nature and duty , hath most care of your preservations and prosperities : and ( though i thus speak ) i hope that your demeanors at this time will be such , as shall not only make me approve your former councels , but lay on me such obligations as shall tie me by way of thankfulness to meet often with you : for , be assured , that nothing can be more pleasing unto me , then to keep a good correspondence with you . i will only adde one thing more , and then leave my lord keeper to make a short paraphrase upon the text i have delivered you ; which is , to remember a thing , to the end we may forget it . you may imagine that i came here with a doubt of success of what i desire , remembring the distractions of the last meeting : but i assure you that i shall very easily and gladly forget and forgive what is past , so that you will at this present time leave the former ways of distractions , and follow the councel late given you , to maintain the unity of the spirit in the bond of peace . the lord keeper seconded his majesty on this manner . ye are here-in parliament by his majesties writ and royal command , to consult and conclude of the weighty and urgent business of this kingdom . weighty it is , and great ; as great as the honor , safety , and protection of religion , king and country ; and what can be greater ? urgent it is ; it is little pleasure to tell or think how urgent : and to tell it with circumstances , were a long work : i will but touch the sum of it in few words . the pope and house of austria have long affected , the one a spiritual , the other a temporal monarchy : and to effect their ends , to serve each others turn , the house of austria , besides the rich and vast territories of both the indies and in africa joined together , are become masters of spain and italy , and the great country of germany . and although france be not under their subjection , yet they have invironed all about it ; the very bowels of the kingdom swayed by the popish faction : they have gotten such a part and such intercession in the government , that under pretence of religion , to root out the protestants and our religion , they have drawn the king to their adherence so far , that albeit upon his majesties interposition by his ambassadors , and his engagement of his royal word , there was between the king and his subjects articles of agreement , and the subjects were quiet , whereof his majesty interessed in that great treaty , was bound to see a true accomplishment ; yet against that strict alliance , that treaty hath been broken , and those of the religion have been put to all extremity , and undoubtedly will be ruined , without present help . so as that king is not onely diverted from assisting the common cause , but hath been misled to engage himself in hostile acts against our king and other princes , making way thereby for the house of austria , to the ruine of his own , and other kingdoms . other potentates , that in former times did ballance and interrupt the growing greatness of the house of austria , are now removed and diverted . the turk hath made peace with the emperor , and turned himself wholly into wars with asia : the king of sweden is embroiled in a war with poland , which is invented by spanish practices , to keep that king from succoring our part : the king of denmark is chased out of his kingdom on this , and on that side the zound ; so as the house of austria is on the point to command all the sea-coasts from dantzick to embden , and all the rivers falling into the sea in that great extent : so as besides their power by land , they begin to threaten our part by sea , to the subversion of all our state. in the baltique-sea , they are providing and arming all the ships they can build , or hire ; and have at this time their ambassadors treating at lubeck , to draw into their service the hans-towns , whereby taking from us and our neighbors the eastland-trade , by which our shipping is supplied , they expect without any blow given to make themselves masters of that sea. in these western parts , by the dunkirkers , and by the now french and spanish admiral , to the ruine of fishing ( of infinite consequence both to us , and the low-countries ) they infest all our coast , so as we pass not safely from port to port. and that fleet which lately assisted the french at the isle of rhee , is now preparing at s. andrews , with other ships built in the coast of biscay to reinforce it , and a great fleet is making ready in lisbon ; where besides their own , they do serve themselves upon all strangers bottoms coming to that coast for trade : and these great preparations are , no doub● , to assault us in england or ireland , as they shall find advantage , and a place fit for their turn . our friends of the netherlands , besides the fear that justly troubles them lest the whole force of the emperor may fall down upon them , are distracted by their voyages into the east , which hath carried both men and money into another world , and much weakened them at home . thus are we even ready on all sides to be swallowed up ; the emperor , france and spain being in open war against us , germany overrun , the king of denmark , distressed , the king of sweden diverted , and the low-country-men disabled to give us assistance . i speak not this to increase fear , unworthy of english courages , but to press to provision worthy the wisdom of a parliament : and for that cause his majesty hath called you hither , that by a timely provision against those great imminent dangers , our selves may be strengthened at home , our friends and allies encouraged abroad , and those great causes of fear scattered and dispelled . and because in all warlike preparations treasure bears the name , and holds the semblance of the nerves and sinews ; and if a sinew be too short or too weak , if it be either shrunk or strained , the part becomes unuseful : it is needful that you make a good and timely supply of treasure , without which all councels will prove fruitless . i might press many reasons to this end ; but i will but name few . first for his majesties sake , who requires it . great is the duty which we owe him by the law of god ; great by the law of nature , and our own allegiance ; great for his own merit , and the memory of his ever blessed father . i do but point at them : but methinks our thoughts cannot but recoil on one consideration touched by his majesty ; which to me seems to sound like a parliamentary pact or covenant . a war was advised here , assistance professed , yea and protested here : i do but touch it , i know you will deeply think on it ; and the more , for the example the king hath set you ; his lands , his plate , his jewels he hath not spared to supply the war : what the people hath protested , the king for his part hath willingly performed . secondly for the cause sake : it concerns us in christian charity to tender the distresses of our friends abroad ; it concerns us in honor , not to abandon them , who have stood for us . and if this come not close enough , you shall find our interest so woven and involved with theirs , that the cause is more ours then theirs . if religion be in peril , we have the most flourishing and orthodox church : if honor be in question , the stories and monuments in former ages will shew , that our ancestors have left us as much as any nation : if trade and commerce be in danger , we are islanders , it is our life . all these at once lie at stake , and so doth our safety and being . lastly in respect of the manner of his majesties demand , which is in parliament , the way that hath ever best pleased the subjects of england . and good cause for it : for , aids granted in parliament work good effects for the people ; they be commonly accompanied with wholsom laws , gracious pardons , and the like . besides , just and good kings finding the love of their people , and the readiness of their supplies , may the better forbear the use of their prerogatives , and moderate the rigor of the laws towards their subjects . this way , as his majesty hath told you , he hath chosen , not as the onely way , but as the fittest ; not as destitute of others , but as most agreeable to the goodness of his own most gracious disposition , and to the desire and weal of his people . if this be deferred , necessity , and the sword of the enemy make way to the others . remember his majesties admonition ; i say , remember it . let me but add , and observe gods mercy towards this land above all others . the torrent of war hath overwhelmed other churches and countries ; but god hath hitherto restrained it from us , and still gives us warning of every approaching danger , to save us from surprise . and our gracious soveraign in a true sense of it calls together his high court of parliament , the lively representation of the wisdom , wealth , and power of the whole kingdom , to join together to repell those hostile attempts , which have distressed our friends and allies , and threatned our selves . and therefore it behoves all to apply their thoughts unto councel and consultations , worthy the greatness and wisdom of this assembly ; to avoid discontents and divisions , which may either distemper or delay ; and to attend that unum necessarium , the common cause ; propounding for the scope and work of all the debates , the general good of the king and kingdom , whom god hath joined together with an indissoluble knot , which none must attempt to cut or untie . and let all , by unity and good accord , endeavour to pattern this parliament by the best that have been , that it may be a pattern to future parliaments , and may infuse into parliaments a kind of multiplying power and faculty , whereby they may be more frequent , and the king our soveraign may delight to sit on his throne , and from thence to distribute his graces and favors amongst his people . his majesty hath given you cause to be confident of this you have heard from his royal mouth ; which nevertheless he hath given me express command to redouble : if this parliament , by their dutiful and wise proceedings , shall but give this occasion , his majesty will be ready , not onely to manifest his gracious acceptation , but to put out all memory of those distastes that have troubled former parliaments . i have but one thing more to adde , and that is , as your consultations be serious , so let them be speedy . the enemy is before-hand with us , and ●lies on the wings of success . we may dally and play with the hour-glass that is in our power , but the hour will not stay for us ; and an opportunity once lost , cannot be regained . and therefore resolve of your supplies , that they may be timely , and sufficient , serving the occasion : your councel , your aid , all is but lost , if your aid be either too little or too late : and his majesty is resolved , that his affairs cannot permit him to expect it over-long . sir iohn finch being chosen speaker , made this address to his majesty , wednesday the nineteenth of march. most gracious soveraign , your obedient and loyal subjects , the knights , citizens and burgesses by your royal summons here assembled , in obedience to your gracious direction , according to their antient usage and priviledge , have lately proceeded to the choice of a speaker ; and whether sequestring their better judgments for your more weighty affairs ; or to make it known , that their honor and wisdom can take neither increase , or diminution , by the value or demerit of any one particular member in what place soever serving them ; omitting others of worth and ability , they have fixed their eyes of favor and affection upon me . their long knowledge of my unfitness every way to undergo a charge of this important weight and consequence , gave me some hope they would have admitted my just excuse : yet for their further and clearer satisfaction , i drew the curtains and let in what light i could upon my inmost thoughts , truly and really discovering to them what my self best knew , and what i most humbly beseech your royal majesty to take now into your consideration that of so many hundreds sitting amongst them , they could have found few or none , whose presentation to your majesty would have been or less repute or advantage to them : for et impeditioris linguae sum , and the poor experience i have of that royal assembly is so ill ballanced with true judgement , that every gust and wave hath power on me , whereby i shall not onely suffer in my own particular , but ( which i apprehend with much more care and sorrow ) do prejudice to their common interest . wherefore , dread and dear soveraign , as low as the lowest step of your royal throne , i humbly bend , appealing to your great and soveraign judgement , for my discharge from this so unequal a burthen imposed on me ; most humbly and earnestly beseeching your most excellent majesty , for the honor of that great council , and the better digestion of publick services , there , and withal to avert so ill an omen , as the choise of me in the beginning of a parliament , ordained ( i hope ) for the joy of our own , and the envy of other nations ; that by your gracious command the house may reconsult , and settle their better thoughts on some more worthy their election and your majesties approbation . but his majesty not admitting his excuse , approved of the choise . before the commons had entred into any debates , this following letter , touching the inconveniencies and grievances of the state was communicated to the members of the house , and it was called a speech without doors . to my noble friends of the lower-house of parliament . if my country had held me worthy to have served in this parliament , i had now been made a member of your lower-house , as formerly i have been in sundry other parliaments : but how unkindly soever she dealeth with me , i will ever shew my thankfulness to her , and deliver , by way of observation , what i have heretofore learned in that grave and wise assembly ; for admonishment to the elder , and a path-way for the younger to walk in . parliaments in my time have been wont to take up some space at the first meetings , to settle the house , and to determine of unlawfull elections ; and in this point they never had greater cause to be circumspect , then at this time : for by an abuse lately crept in , there is introduced a custom , which if it be not foreseen and prevented , will be a great derogation to the honor , and a weakning to the power of your house . where the law giveth a freedom to corporations to elect burgesses , and forbideth any indirect course to be taken in their elections ; many of the corporations are so base-minded , and timerous , that they will not hazard the indignation of a lord lieutenants letter , who underhand sticks not to threaten them with the charge of a musket or a horse at the muster , if that he hath not the election of the burgesses , and not they themselves . and commonly those that the lords recommend , are such as desire it for protection , or are so ignorant of the place they serve for , as that there being occasion to speak of the corporation for which they are chosen , they have asked their neighbors sitting by , whether it were a sea or a land town ? the next thing that is required , is , liberty of speech , without which parliaments have little force or power ; speech begets doubts , and resolves them , and doubts in speeches beget understanding ; he that doubts much , asketh often , and learns much ; and he that fears the worst , soonest prevents a mischief . this priviledge of speech is anciently granted by the testimony of philip comines a stranger , who prefers our parliaments , and the freedom of the subject in them , above all other assemblies ; which freedom , if it be broken or diminished , is negligently lost since the dayes of comines . if freedom of speech should be prohibited , when men with modesty make repetition of the grievances and enormities of the kingdom ; when men shall desire reformation of wrongs and injuries committed , and have no relation of evil thought to his majesty , but with open heart and zeal express their dutifull and reverent respect to him and his service : i say , if this kinde of liberty of speech be not allowed in time of parliaments , they will extend no further then to quarter-sessions , and their meetings and assembles will be unnecessary ; for all means of disorder new crept in , and all remedies and redresses will be quite taken away . as it is no manners to contest with the king in his election of councellors and servants , ( for kings obey no men , but their laws ) so were it a great negligence , and part of treason , for a subject not to be free in speech against the abuses , wrongs , and offences , that may be occasioned by persons in authority . what remedy can be expected from a prince to the subject , if the enormities of his kingdom be concealed from him ? or what king so religious or just in his own nature , that may not hazard the loss of the hearts of his subjects , without this liberty of speech in parliament ? for such is the misfortune of most princes , and such is the unhappiness of subjects where kings affections are setled , and their loves so far transported to promote servants , as they onely trust and credit what they shall inform . in this case , what subject dares complain ? or what subject dares contradict the words or actions of such a servant , if it be not warranted by freedom of a parliament , they speaking with humility ? for nothing obtaineth favor with a king , so much as diligent obedience . the surest and safest way betwixt the king and his people , which hath least scandal of partiality , is , with indifference , with integrity and sincerity , to examine the grievances of the kingdom , without touching upon the person of any man , further then the cause giveth occasion : for otherwise , you shall contest with him that hath the princes ears open to hearken to his inchanting tongue ; he informs secretly , when you shall not be admitted to excuses , he will cast your deserved malice against him , to your contempt against the king , and seeking to lessen his authority ; and so will make the prince the shield of his revenge . these are the sinister practices of such servants to deceive their soveraigns , when our grievances shall be authentically proved , and made manifest to the world by your pains to examine , and freedom to speak . no prince can be so affectionate to a servant , or such an enemy to himself , as not to admit of this indifferent proceeding : if his services be allowable and good , they will appear with glory ; if bad , your labor shall deserve thanks both of prince and country . when justice shall thus shine , people will be animated to serve their king with integrity : for they are naturally inclined to imitate princes in good and bad . the words of cicero will then appear , that malicious and evil men make princes poor ; and one perfect good man is able to make a realm rich . one case i will instance that is common in the mouths of all men , and generally , vox populi vox dei. one of quality in the last expedition to the isle of rhee , endeavored to conceale the number of men lost in the last encounter , and confidently affirmed their number not to exceed three or four hundred ; till a doctor of physick , out of tenderness of conscience and duty to his majesty , could not dissemble the vulgar and true report , but acquainted his majesty with two thousand of his subjects there lost . this was so contrary to the first information , and so displeasing to the informer and his designs , that he caused the physitians remove from his highness presence , who yet remains in kinde of a banished man. the truth of these two reports is easily determined by the clerks of the bands of each company , and is worthy to be discovered for truth sake truth being so noble of it self , as it will make him honorable that promoteth it : lyes may shadow it , but not darken it : they may blame , but never shame it . by this small president his majesty shall see himself abused ; and it may be a means for him to reflect both upon men and matters . the men slain are no less injured by concealing their names , whose lives were lost for king and country . the romans would have held it the highest honor for their friends and posterity so to die : and a parliament may fear that those that stick not so palpably to wrong a king , may as unjustly cast aspersions upon the house , and other his loving subjects . there is no remedy left for these misreports , but a freedom of speech in parliament . for there is no wise man that speaks , but knows what , and when to speak , and how to hold his peace . whilst subjects tongues are tyed , for fear they may reach him a rap whose conscience cries guilty ; the king and his people are kept from understanding one another ; the enemy is heartened abroad , and the malignant humor of discontent nourished at home , and all for one who is like a dragon , that bites the ear of the elephant , because he knows the elephant cannot reach him with his trunk ; and princes are abused by false reports whispered in their ears by sycophants and flatterers . diogenes being asked what beast bit sorest , answered , of wilde beasts , the back-biter ; of tame , the flatterer . now to descend to grievances , which are of two kinds ; some concerning the kingdom in general ; some in particular , which have relation to the general . the grievances in general are so many in number , as will serve for every member of the house to present two apiece to your views . and because i cannot be admitted amongst you my self , yet in regard i have been a member of you , i will prsume so far as to rank my self with you , and to tender the number of two unto unto your consideration . my first complaint is of titles of honor ; and in two kindes . first , in respect of the parties themselves , their estates and parentage . secondly , in respect of the manner of their attaining thereunto , which is mercenary , base , and corrupt , which in reason should not hold : for by law the consideration is unlawfull . trajanus commended plutarch for his precepts in school , when he taught that men should labor to deserve honor , but avoid the getting of it basely : for if it were reputation to have it by desert , it were infamy to buy it for money . in that age where rich men were honored , good men were despised . honor is not to be valued according to the vulgar opinion of men , but prized and esteemed as the sirname of vertue , ingendred in the minde ; and such honor no king can give , or money can purchase . he that will strive to be more honorable then others , must abandon passion , pride , and arrogancy ; that so his vertue may shine above others . for honor consists not in the title of a lord , but in the opinion people have of their vertue ; for it is much more honor to deserve , and not to have it , then to have it , and not deserve it . there is one of three things , that commonly causeth mans advancement , desert , favor , and power . the first makes a man worthy of it , the other two are but abuses : for , favor is but a blinde fortune , an ounce of which at court , is better then a pound of wisdom : fortune never favoreth , but flattereth ; she never promiseth , but in the end she deceiveth ; she never raiseth , but she casteth down again . and this advancement is meeter to be called luck , then merit . that honor that is compassed by power , takes unto it self liberty , and desires not to be governed by wisdom , but force . it knows not what it desireth , nor hath a feeling of any injury : it is neither moved with sweet words , nor pitifull tears ; such men leave not to do evil , because they have a desire to it , but when their power faileth to do it . the true honor among the honorablest is , where fortune casts down , where there is no fault : but it is infamy where fortune raiseth , where there is no merit . examine the state and condition of men raised to honor these years past , and whether it be desert , favor or power that hath preferred them . enter into the mischief the kingdom hath suffered , and doth suffer by it ; and the cause of his majesties great wants will soon appear : if you collect with your selves how many hungry courtiers have been raised to the highest top of honor ; after this , examine their princely expence in these twenty five years , their estates in present , and what is requisite to maintain them in their future degrees of honor , to themselves and their posterity , and you shall finde his majesties annual revenues consumed and spent upon those unworthy persons . besides the impairing and impoverishing of the state , it brings with it the contempt of greatness and authority , it breeds an inward malice in gentlemen better deserving of their country , and better able to maintain the degree of honor without charge to king or kingdom , and whose houses and alliance may better challenge it then the best of them . the character of a covetous man is , that he getteth his goods with care , and envy of his neighbors , with sorrow to his enemies , with travel to his body , with grief to his spirit , with scruple to his conscience , with danger to his soul , with suit to his children , and curse to his heirs ; his desire is to live poor , to die rich : but as these vices are made vertues , even so is he honored for them with title of nobility . when philip the second king of spain entred with arms upon his kingdom of portugal , and though with his sword he might have made fitting laws ; yet were there some few priviledges which the portugals besought they might enjoy ; one whereof was , that the king would make no unworthy person noble , or without their approbation , which was granted them , and to this day they hold that freedom , which keeps that kingdom in the ancient state , honor and dignity , ( that is to say ) two dukes , one marquis , and eighteen earls : and thus much for the point of honor. the second grievance i will recommend to your views is , the carriage of our wars , the excessive charges vainly spent therein , the unworthiness of the people imployed , the grave and experienced neglected , the designs not warranted by reason and discretion , and the executions worse performed , with many other circumstances that depend upon it . but before i proceed herein , i must crave leave to speak to two points . the one to declare the property and condition of impostors and deceivers of princes . in the other i must clear the house of parliament of an imputation cast upon it . abusers of princes are they that perswade them to war ; to become poor when they may live in peace , and become rich ; when they may be loved , cause them to be hated ; when they may enjoy their lives surely , put them in hazard of cross fortune rashly ; and lastly , having necessity to use their subjects , put them into that necessity , as they refuse to do for him : all this is pride of the perswader , as socrates saith . in the second i will clear the parliament ( in which i was a member ) of an ungratefull aspersion cast upon it , that is to say , that the parliament was a cause to draw his majesty into a war , and failed on their parts to contribute to it . these have been often repeated , and the parliament accused ; the contrary hath been as often reiterated , and the truth expressed how far the parliament proceeded therein . but to stop the mouths of such false reports , and to free the parliament of such a calumniation , i must use this argument . at the assembly of oxford , the parliament being prorogued thither , money was required of us towards the furnishing of his majesties fleet then preparing , upon many reasons alleadged , too tedious now to repeat , with one consent it was refused . whereupon there was offer made by him that next the king , seem-to have best authority , that if they would but contribute forty thousand pounds , they should choose their enemy . whereupon i infer , that before that proposition there was no enemy , and therefore no wars : the motion for money being denied , the parliament instantly brake up ; and seeing no enemy was nominated , nor money consented unto by us , i see not how the house can be taxed for peace-breakers , but rather the name to be cast upon some young men ; for youth by nature is prone to pride , especially where experience wants ; they are credulous in what they hear that pleaseth them , and incredulous in what is told them by wise men ; they are despisers of others counsels , and very poor in their own ; they are dangerous for princes to relie on , for self-will is of greater force then precepts . now to proceed : in october following the fleet put to sea , and what they did is apparent by a relation written by a their general at his return . the voyage being ended , another followed the next summer under the command of that noble lord , the earl of lindsey , which through the weakness and disability of the ships , was not able to perform what he had in charge , and what he desired . the last and most lamentable , was that to the isle of rhee , which i likewise refer to a man i have seen , and to the books printed and extant . these , with that to algeir , to make up mess of island voyages , i wish might be referred to the examination of choice and experienced soldiers by land and by sea , to report their opinions of it , that so their errors , their wastefull expences , their negligences , their weak designs , and want of experience may appear , with the success that might have proved , if advice and counsel had had preheminence above will and arrogancy ; for he that is ignorant of truth and knowledge , and led away with pride of his own opinions , must needs err . after it hath past your approbation , it is worthy his majesties view , who then shall see the difference of actions well mannaged , and rash and heady enterprises undertook by ignorance , and performed by folly . business of so great a consequence ought to be considered of with counsel , and not onely of the necessity , profit and honor , but of the possibility that was like to follow ; for an action well begun is half ended . my experience in discipline of war by land and sea can say no more then to refer it to others ; for t is a course i never was bred to in my youth , and now too late in mine age to practice : onely one thing i observe , that in the two journeys of cadiz and rhee , in the first a land souldier commanded at sea , who knew not what belonged thereunto ; and the other was carried by him that was souldier neither by land nor by sea , and the success proved accordingly in both , yet their errors were never questioned , but they both highly advanced . and it is no marvel , for according to the old saying , the best fencer is not always the best fighter , the fairer tilter not the best experienced souldier , nor the eye of a favorite at court the best general of an host : and whosoever takes upon him that command without knowledge , beholds himself in a false glass , that makes him seem what he is not . as on the contrary , experience is the mother of prudence , and prudence will take counsel , lest she joyn her will with her will ; hastiness causeth repentance , and frowardness causeth hinderance . of the evils that followed upon these two voyages , your selves are sufficient witnesses , and can judge of them . as namely , the billeting of soldiers in the country , and bringing their ships into harbors , not abating the entertainment of the one , nor the wages of the other . and yet notwithstanding this needless cost and charges , our ships and coasts are daily infested in such sort , as we dare not peep out of harbor . were the carriage of things now answerable to the prudence and presidents of former times , we cannot pretend a fear of invasion ; because our ships are divided into several harbors , and our soldiers billetted in inland countries ; beside the season of the year giveth no opportunity to an enemy to attempt it . here is a mass of wealth curiously consumed , whether the king or subject bear it , and no man bettered but onely those that have the titles of soldiers , yet never had the happiness or honor to see what appertained to service . their example of disorder encourages the other to follow their liberty , people that were wont to live poorly , yet safely , are now by these fellows and their followers robbed and spoiled , and no remedy for redress . the rich stand upon their guard , and dare not resort to their church , lest in their absence their houses be surprised and rifled . the enemy giveth a sudden attempt and returneth , the others do every day rob and spoil . the enemy surpriseth with fear , the others have neither fear nor shame . the first lessening the greatness of the roman empire , was by the insolency of soldiers ; and the first raising of the house of ottoman was by permission and conniving at his army . what man is so old in england that hath seen , or what youth so young that ever thought to see scottish men and irish men garrisoned in england , and no enemy appear against us ? or who could have imagined he should ever have seen our own people tyrannized over in our own kingdom by these of our own nation , and those scottish and irish , and not dare so much as complain ? would our forefathers have thought it safety or policy to draw two thousand scotish men and irish men , into the isle of wight , for their defence against france , when they of the isle desired it not , nay when they opposed it ? would they have thought it wisdom that two thousand mouthes besides the inhabitants should live on the food of that island , and so bring themselves into want and penury of victuals , if they should in earnest be attempted by an enemy ? would they have thought fit the charge of it should be required of them , and yet they to suffer all injuries from the hands of strange souldiers , when the meanest boy in the island is taught to mannage arms better then the best of them that are there billetted ? no , but they would rather have thought it discretion upon the return of those voyages , to have caused the men to repair to the place where they were pressed , and to have ordered , that each parish should have set them on work for their maintenance , with command to be ready upon warning to repair to the place of rendezvous there is no place or part in england so remote from the sea , but they might have resorted to the port assigned , before the ships could be furnished or drawn together . they would have thought it more wisdom to have retired to their own harbors , and to have had their men discharged , then to have continued this needless and expencefull course that is taken . they would have judged it better to have supplied the isle of weight with two thousand men out of the main land , when they feared any evil to the island , then to send for them out of scotland , and to keep them in continual entertainment . they would have thought it more fit to have returned the barbarous irish into the country from whence they came , then to make them a vexation to the places and parts where they remain , seeing no shadow of reason can be pretended for it . england wants no men , and hath as good and able men as either of the other two nations , if his majesty had occasion to use them . england with small charge can raise what men his majesty pleaseth to command , and that suddenly , and discharge them again without trouble or charge as quickly . the wise men of england would have thought two or three hundred thousand pounds better spared , then thus wastfully consumed , and disorders committed ; we may compute it to that sum , and yet keep our selves within compass : and notwithstanding the want of money , and the wayes to exact it of the subject , is all the song now sung ; he that sees and complains of the evil mannaging of things , is either imprisoned , banished the court , or censured for a discontent . there is no englishman but knoweth the heart of every other true heated englishman , and with one consent will all obey our prince , and to his person we owe all due reverence ; and we may truely say no king is more happy in subjects for their love , nor no subjects readier to serve their king with their purses and persons ; nor never people was better blest with a king , who is endued with all kinde of vertues , and stained with no manner of vice . false informers and misguiders of good kings are much more perilous , then if princes themselves were evil ; for commonly as worms breed soonest in soft and sweet wood , so are the best natures inclined to honor , and justice soonest abused by false flatterers . the evil they commit under the authority of good princes , is accounted as done by the prince himself ; but commonly such people in the end pay for it ; for he that desires not to do good cannot be wise , but will fall into four thousand follies . one of the first propositions made to the house will be for money to support his majesties vast expence at this time ; that the enemy threatens thunder against the kingdom . your often alarms upon such pretences may make you now too secure ; for true it is that the last parliament , books were published of invincible preparations intended against us , and nothing came of it . but beware you be not deceived by an old saying , that when one usually tells lyes , he is not trusted when he speaks truth ; for certainly the danger is much more then by the power and greatness of another enemy . in this case you must give for your own sakes , that so you may be sure to enjoy what is yours ; for your soveraigns sake , to maintain his greatness and state ; and for your countries sake , to keep it from oppression of the enemy ; but withall you ought to lay down the condition of the kingdom , and to shew that your necessity cannot run paralel with your hearts and your desires ; that your mindes will be carried with a willingness to give , but your hands will keep back your hearts for want of ability to give . themistocles demanding tribute of the athenians , told them he brought two gods with him , that is to say , perswasion and violence ; they answered , that they had two other gods in their country , both great and powerfull , which were poverty and impossibility , which hindred them from giving . we may truely say , that god hath so placed and seated this isle of england , that nothing but evil counsel can hurt it : but true it is , advice that is not warranted from wise men , may prove more forcible and perilous then the power of an enemy . the scripture telleth us , that the thought perisheth that taketh not counsel . a king of the lacedemonians asked how a kingdom might ever stand , and was answered , two wayes , if a king take counsel of wise honest men , and they speak freely ; and do justice uprightly . there was never censor that judged , senator that ordered , emperor that commanded , council that executed , orator that perswaded , nor any other mortal man , but sometimes he committed errors , and deserved either blame or punishment for his misdoings , and if he were wise , desired advice what to do . st gregory saith , no man can give so faithfull counsel as he who loves one more then his gifts ; then who are or can be so true councellors to our noble king , as a house of commons that hath no relation to a kings gift , but only to his honor , flourishing estate and safety . this is the time to amend evil counsels past , and to let evil councellors see their errors . this is the time for all men to put to their helps , some with their hands to fight , others , with their advice to counsel : and for my advice this it is ; that you present to his majesty in all humbleness , your willing mindes and hearts , to repair and fit to sea his majesties navy , your selves to have power to make them able and serviceable , with the advice of experienced men that you may call unto you . this is a matter of great importance at this present for the safety of king , realm , and subject ; for the strength of the kingdom much depends upon this bulwark , which we may well term the walls of england . his majesty shall finde himself much eased by it , businesses shall be carried without his trouble or care , money shall not be sought for to that end , but provided by you , his majesty may dispose of the rest of his revenue at his pleasure . by your frugality and husbandry his majesty shall have occasion to judge of things past , of yours in present , and hereafter it will serve for a president to walk after ; it will stop the mouthes of malignant tongues that inform his majesty of the unwillingness of the subject to give ; and it will make it apparent , that their true grief is not in the matter of giving , but to see the evil imploying of it when it is given . if any man shall pervert this good meaning and motion of yours , and inform his majesty , 't is a derogation from his honor , to yield to his subjects upon conditions : his majesty shall have good cause to prove such mens eyes malitious and unthankfull , and thereby to disprove them in all their other actions : for what can it lessen the reputation of a prince whom the subject onely and wholy obeyeth , that a parliament which his majesty doth acknowledge to be his highest council should advise him , and he follow the advice of such a council ? what dishonor rather were it to be advised and ruled by one councellor alone , against whom there is just exception taken of the whole commonwealth . marcus portio saith , that that commonwealth is everlasting , where the prince seeks to get obedience and love , and the subjects to gain the affection of the prince ; and that kingdom is unhappy where their prince is served out of ends and hope of reward , and hath no other assurance of them but their service . thursday the of march the house setled their grand committees for religion , grievances , courts of justice , and trade , and agreed upon a petition to the king for a fast , unto which the lords also consented . most gracious soveraign , we your most humble and loyal subiects , the lords spiritual and temporal in this present parliament assembled , upon a tender and compassionate sence of the extream calamities of the reformed churches abroad , and with much sorrow apprehending the displeasure of almighty god declared against our selves , the manifold evils already faln upon us , and those which are further threatned , as by your sacred majesty was intimated unto us , even to the utter destruction and subversion of this church and state , and which our sins have justly deserved , and being now by your majesties gracious favor , assembled in parliament as the great council of this your kingdom , to consult of such means as we think fittest to redress the present , and prevent the future evils , wherein we through gods blessing intend to imploy our utmost endeavors , humbly beseech your majesty , that by your special command one or more days may be forthwith solemnly set apart , wherein both our selves and the whole kingdom may by fasting and prayers seek reconciliation at the hands of almighty god , and with humble and penitant hearts beseech him to remove those miseries that lie upon us & our neighbor churches , to avert those which are threatned , to continue the favors we yet enjoy , and particularly to bestow his abundant blessing upon your majesty and this present parliament , so that all our counsels and resolutions being blessed by his divine assistance , may produce much honor and safety to your majesty , your people and allies . saturday the of march was spent in opening the grievances and state of the kingdom , as billeting of soldiers , loans by benevolences and privy-seal , and the imprisoning certain gentlemen who refused to lend upon that account , who afterwards bringing their habeas corpus were notwithstanding remanded to prison ; nor did the house encline to supply his majesty till these grievances were redressed : to which purpose sir francis seimour thus began ; this is the great council of the kingdom , and here ( if not here alone ) his majesty may see as in a true glass the state of the kingdom ; we are called hither by his majesties writs to give him faithful counsel , such as may stand with his honor ; but this we must do without flattery : we are sent hither by the commons to discharge that trust reposed in us , by delivering up their just grievances , and this we must do without fear : let us not therfore be like cambyses judges , who being demanded of their king , whether it were not lawful for him to do what in it self was unlawful ? they ( rather to please the king , then to discharge their own consciences ) answered , that the persian kings might do what they listed : this base flattery tends to mischief , being fitter for reproof then imitation ; and as flattery , so fear taketh away the judgment , let us not then be possessed with fear or flattery , of corruptions the basest : for my own part , i shall shun both these , and speak my conscience with as much duty to his majesty as any man , but not neglecting the publick , in which his majesty and the commonwealth have an interest : but how can we shew our affections whilst we retain our fears ? or how can we think of giving of subsidies , till we know whether we have any thing to give or no ? for if his majesty be perswaded by any to take from his subjects what he will , and where it pleaseth him ; i would gladly know what we have to give ? it s true , it is ill with those subjects that shall give laws to their princes , and as ill with those princes which shall use force with those laws ; that this hath been done , appeareth by the billetting of soldiers , a thing no way advantageous to his majesties service , but a burden to the commonwealth ; this also appeareth by the last levy of money against an act of parliament : again , mr speaker , what greater proof can there be of this , then the imprisonment of divers gentlemen for the loan , who if they had done the contrary for fear , their fault had been as great as theirs that were the projectors in it ; and to countenance these proceedings , hath it not been preached ( or rather prated ) in our pulpits , that all we have is the kings , iure divino ? say these time-servers ; they forsake their own function , and turn ignorant states-men ; we see how willing they will be to change a good conscience for a bishoprick , and ( mr speaker ) wee see how easie it is for a prince , how just and good soever , to be abused , in regard he must see with other mens eyes , and hear with other mens ears . let us not flatter his majesty , it is too apparent to all the world , the king and people suffer more now then ever : his majesty in his affairs abroad , and his people in their estates at home : but will you know the reason of all this , let us look back to the actions of former princes , and we shall find that those princes have been in greatest want and extreamity that exacted most of their subjects and most unfortunate in the choice of their ministers , and to have failed most in their undertakings ; happy is that prince that hath those that are faithful of his council : that which his majesty wanted in the management of his affairs concerning france and spain , i am clear was his want of faithful council to advise . the reason is plain , a prince is strongest by faithfull and wise council , i would i could truly say , such have been imployed abroad . i will confess , and still shall from my heart , he is no good subject , nor well affected to his majesty and the state , that will not willingly and freely lay down his life , when the end may be the service of his majesty , and the good of the commonweale : but on the contrary , when against a parliament law the subject shall have taken from him , his goods against his will , and his liberty against the laws of the land : shall it be accounted want of duty in us to stand upon our priviledges , hereditary to us , and confirmed by so many acts of parliament . in doing this we shall but tread the steps of our forefathers , who ever preferred the publick interest before their own right , nay , before their own lives ; nor can it be any wrong to his majesty to stand upon them so as thereby we may be the better enabled to do his majesties service ; but it will be a wrong to us and our posterity and our consciences , if we willingly forego that which belongs unto us by the law of god , and of the land , and this we shall do well to present to his majesty ; we have no cause to doubt of his majesties gracious acceptation . this debate ( said sir tho. wentworth ) carries a double aspect towards the soveraign and the subject , though both be innocent , both are injured , and both to be cured : surely , in the greatest humility i speak it , these illegal ways are punishment and marks of indignation , the raising of loans strengthned by commission , with unheard of instructions and oathes , the billetting of soldiers by the lieutenants , and deputy lieutenants , have been as if they could have perswaded christian princes , yea worlds , that the right of empires , had been to take away by strong hands , and they have endeavored as far as possible for them , to do it . this hath not been done by the king ( under the pleasing shade of whose crown i hope we shall ever gather the fruits of justice ) but by projectors , who have extended the prerogative of the king , beyond the just symetry , which maketh a sweet harmony of the whole : they have brought the crown into greater want then ever , by anticipating the revenues ; and can the shepherd be thus smitten and the speep not scattered ? they have introduced a privy-council ravishing at once the spheres of all ancient government , imprisoning us without either bail or bond ; they have taken from us , what ; shall i say indeed , what have they left us ? all means of supplying the king and ingratiating our selves with him , taking up the root of all propriety , which if it be not seasonably set again into the ground by his majesties own hands , we shall have insteed of beauty , baldness . to the making of those whole , i shall apply my self , and propound a remedy to all these diseases . by one and the same thing have king and people been hurt , and by the same must they be cured ; to vindicate , what , new things ? no our ancient vital liberties , by reinforcing the ancient laws made by our ancestors , by setting forth such a character of them , as no licentious spirit shall dare to enter upon them ; and shall we think this is a way to break a parliament ? no , our desires are modest and just , i speak truly , both for the interest of king and people , if we injoy not these , it will be impossible for to relieve him . therefore let us never fear they shall not be accepted by his goodness ; wherefore i shall shortly descend to my motions consisting of four parts , two of which have relation to our persons , two to the propriety of goods for our persons ; first , the freedom of them from imprisonment secondly , from imployment abroad , contrary to the ancient customs : for our goods , that no levies be made , but by parliament ; secondly , no billetting of soldiers : it is most necessary that these be resolved , that the subject may be secured in both . sir benjamin rudyard stands up as a moderator , and spake thus : this is the chrysis of parliaments ; we shall know by this if parliaments live or die , the king will be valued by the success of us , the councils of this house will have opperations in all , 't is sit we be wise , his majesty begins to us with affection , proclaiming , that he will relie on his peoples love ; preservation is natural , we are not now on the bene esse , but on the esse ; be sure england is ours , and then prune it ; is it no small matter that we have provoked two most potent kings ? we have united them , and have betrayed our selves more then our enemies could : men and brethren , what shall we do ? is there no balm in gilead ? if the king draw one way , the parliament another , we must all sink : i respect no particular , i am not so wise to contemn what is determined by the major part , one day tells another , and one parliament instructs another . i desire this house to avoid all contestations , the hearts of kings are great , 't is comely that kings have the beter of their subjects ; give the king leave to come off , i believe his majesty expects but the occasion , 't is lawfull , and our duty to advise his majesty , but the way is to take a right course to attain the right end ; which i think may be thus ; by trusting the king , and to breed a trust in him , by giving him a large supply according to his wants , by prostrating our grievances humbly at his feet , from thence they will have the best way to his heart , that is done in duty to his majesty : and to say all at once , let us all labor to get the king on our side , and this may be no hard matter , considering the neer subsistence between the king and people . sir edward cook spake next . dum tempus habemus bonum operemur , i am absolutely to give supply to his majesty , yet with some caution : to tell you of forein dangers and inbred evils , i will not do it ; the state is inclining to a consumption , yet not incurable ; i fear not forein enemies , god send us peace at home ; for this disease i will propound remedies , i will seek nothing out of mine own head , but from my heart , and out of acts of parliament ; i am not able to fly at all grievances , but only at loans : let us not flatter our selves ; who will give subsidies if the king may impose what he will ? and if after parliament the king may inhaunce what he pleaseth ; i know the king will not do it , i know he is a religious king , free from personal vices , but he deals with other mens hands , and sees with other mens eyes ; will any give a subsidy , that may be taxed after parliament at pleasure ? the king cannot tax any by way of loans , i differ from them who would have this of loans go amongst grievances , but i would have it go alone . i le begin with a noble record , it cheers me to think of it , . e. . it is worthy to be written in letters of gold ; loans against the will of the subject are against reason and the franchises of the land , and they desire restitution : what a word is that franchise ? the lord may tax his villain high or low , but it is against the franchises of the land , for freemen to be taxed but by their consent in parliament ; franchise is a french word , and in latine it is libertas . in magna charta it is provided , that nullus liber homo capiatur vel impriso●etur aut disseisietur de libero tenemento suo , &c. nisi per legale judicium parium suorum vel per legem terrae ; which charter hath been confirmed by good kings above thirty times . when these gentlemen had spoken , sir iohn cook , secretary of state took up the matter for the king , and concluded for redress of grievances , so that supplies take the precedency ; and said , i had rather you would hear any then me ; i will not answer what hath been already spoken ; my desire is not to stir , but to quiet , not to provoke , but to appease : my desire is , that every one resort to his own heart to reunite the king and the state , and to take away the scandal from us ; every one speaks from the abundance of his heart : i do conclude out of every ones conclusion , to give to the king , to redress grievances ; all the difference is about the manner ; we are all inhabitants in one house , the commonwealth , let every one in somewhat amend his house , somewhat is amiss ? but if all the house be on fire , will we then think of amending what 's a miss ? will you not rather quench the fire ? the danger all apprehend . the way that is propounded , i seek not to decline ; illegal courses have been taken , it must be confessed , the redress must be by laws and punishment : but withal add the law of necessity ; necessity hath no law , you must abilitate the state to do ; what you do , by petition require . it is wished we begin with grievances , i deny not that we prepare them , but shall we offer them first : will not this seem a condition with his majesty ? do we not deal with a wise king , jealous of his honor ? all subsidies cannot advantage his majesty so much , as that his subjects do agree to supply him : this will amaze the enemy more then ten subsidies ; begin therefore with the king , and not with our selves . this dayes debate ( said sir robert philips ) makes me call to minde the custom of the romans , who had a solemn feast once a year for their slaves , at which time they had liberty ( without exception ) to speak what they would , whereby to ease their afflicted minds , which being finished , they severally returned to their former servitude . this may with some resemblance and distinction well set forth our present state ; where now after the revolution of some time , and grievous sufferings of many violent oppressions , we have ( as those slaves had ) a day of liberty of speech ; but shall not , i trust , be herein slaves , for we are free : we are not bondmen , but subjects ; these after their feast were slaves again ; but it is our hope to return freemen . i am glad to see this mornings work , to see such a sense of the grievances under which we groan . i see a concurrence of grief from all parts , to see the subject wronged , and a fit way to see the subject righted : i expected to see a division , but i see honorable conjunction , and i take it a good omen . it was wished by one , that there were a forgetfulness of all , let him not prosper that wisheth it not . no , there is no such wayes to perfect remedy , as to forget injuries , but not so to forget , as not to recover them . it was usual in rome to bury all injuries , on purpose to recover them . it was said by a gentleman that ever speaks freely : we must so govern our selves , as if this parliament must be the chrysis of all parliaments , and this the last . i hope well , and there will be no cause for the king our head to except against us , or we against him . the dangers abroad are presented to us , he is no english man that is not apprehensive of them . we have provoked two potent kings ( the one too near ) who are too strongly joyned together ; the dangers are not chimerical but real , i acknowledge it , but it must be done in proportion of our dangers at home ; i more fear the violation of publick rights at home , then a forein enemy : must it be our duties and direction to defend forein dangers , and establish security against them , and shall we not look at that which shall make us able and willing thereunto ? we shall not omit to confide and trust his majesty , otherwise our councils will be with fears , and that becomes not englishmen . the unaccustomed violences ( i have nothing but a good meaning ) ●rench into all we have . to the four particulars already mentioned wherein we suffer , one more may be added , lest god forbare to hear me in the day of my trouble ; our religion is made vendible by commissions : alas ! now a tolleration is granted ( little less ) and men for pecuniary annual rates dispenced withal , whereby papists without fear of law practise idolatry , and scoff at parliaments , at laws and all ; it is well known the people of this state are under no other subjection then what they did voluntarily consent unto by the original contract between king and people ; and as there are many prerogatives and priviledges conferred on the king , so there are left to the subject many necessary liberties and priviledges , as appears by the common laws and acts of parliament , notwithstanding what these two * sycophants have prated in the pulpit to the contrary . was there ever yet king of england that directly ever violated the subjects liberty and property , but their actions were ever complained of in parliament , and no sooner complained of then redressed ? e. . there went out a commission to raise money in a strange manner , the succeeding parliament prayed redress , and till h. . we never heard of the said commissions again . another way was by loan , a worm that cankered the law , the parliament did redress it , and that money was paid again : the next little engine was benevolence , what the force of that was , look into the statute of r. . which damned that particular way , and all other indirect wayes . since the right of the subject is thus bulwarkt by the law of the kingdom , and princes upon complain● have redressed them , i am confident we shall have the like cause of joy from his majesty . i will here make a little digression : the * county i serve for were pleased to command me to seek the removal from them of the greatest burthen that ever people suffered . it was excellently said , commissionary lieutenants do deprive us of all liberty ; if ever the like was seen of the lieutenancy that now is , i will never be believed more ; they tell the people they must pay so much upon a warrant from a deputy lieutenant , or be bound to the good behavior , and sent up to the lords of the council ; it is the strangest engine to rend the liberty of the subject that ever was ; there was now a decemviri in every county , and amongst that decemviri there is some claudius appius that seek their own revenges ; we complain of loans and impositions , but when deputy lieutenants may send warrants to imprison our persons at pleasure , if we pay not what they sent for , it concern us to preserve the country in freedom , and to consider of this kind of people . there is now necessity brought in for an argument , all know that necessity is an armed man , and that necessity is an evil councellor , i would we had never known that council ; we are almost grown like the turks , who send their janizaries , who place the halberd at the door , and there he is master of the house . we have soldiers billetted , and warrants to collect money , which if they do not , the soldiers must come and rifle . the romans sending one into spain , found no greater complaint then the discontent that did arise from soldiers placed amongst them . i would you would look into fortescue where he puts the prince in minde , what misery he saw where soldiers were put upon the people : but saith he , no man is forced to take soldiers but inns , and they to be paid by them ; i desire we resort to his majesty for redress , and to reduce all into bounds . the other way of grievance is a judgement in a legal course of proceeding ; we have had three judgements of late times , all exceeding one another in prejudice of the subject : the first was , that that was judged in all formality , the * postnati case , which people i honor ; for we finde many of them love us more then we do our selves ; i do not complain of it , but onely mention it . the other judgement was for impositions , which was given in the exchequer , and this house two times after damned that judgement : how remiss our eyes are upon that i grieve to see . there is a judgement , if i may so call it , a fatal judgement against the liberty of the subject , mich. . car. in sir iohn heveninghams case argued at the bar , and pronounced but by one alone ; i can live , although another without title be put to live with me ; nay , i can live , although i pay excises and impositions for more then i do ; but to have my liberty which is the soul of my life taken from me by power , and to be pent up in a goal without remedy by law , and this to be so adjudged to perish in goal , o improvident ancestors ! oh unwise forefathers ! to be so curious in providing for the quiet possession of our lands and liberties of parliament , and to neglect our persons and bodies , and to let them die in prison , and that durante beneplacito , remediless : if this be law , what do we talk of our liberties ? why do we trouble our selves with the dispute of law , franchises , propriety of goods ? it is the summa totalis of all miseries ; i will not say it was erroneous , but i hope we shall speak our minds when that judgment comes here to be debated . what may a man call his , if not liberty ? having passed in some confusion in the fashion of my de●●very . i conclude : we will consider two particulars , his majesty , and his people : his majesty cals to us , and craves our assistance to revive again his honor , and the honor of the nation : the people send us , as we hope , with that direction , that we shall return to them with that olive-branch , that assurance of being free from those calamities under which they can hardly breathe . our sins have brought on us those miseries , let us all bring our portion to make up the wall : we come with loyal hearts ; his majesty shall find , that it is we that are his faithfull councellors ; let all sycophants be far removed from his majesty , since we cannot help this majesty without opening our grievances ; let us discharge our duties therein ; yet while we seek liberty , we will not forget subjection ; all things a state can be capable of , either blessings or punishments , depend on this meeting ; if any think the king may be supplied and the commonwealth preserved without redress of grievances , he is deceived . the kings of england were never more glorious then when they trusted their subjects ; let us make all haste to do the errand for which we came , let the house consider to prepare our grievances fit for his majesties view , not to make a law to give us new liberties , but declaratory , with respective penalties ; so that those which violate them , if they would be vile , they should fear infamy with men ; and then we shall think of such a supply as never a prince received , and with our monies we shall give him our hearts , and give him a new people raised from the dead : then i hope this parliament will be entituled , the parliament of wonders , and gods judgements diverted , and these beams of goodness shall give us life , and we shall go home to our countries , and leave our posterity as free as our ancestors left us . but this day , as also the two next dayes debate produced no resolutions , the time being spent in a general opening of grievances from all parts of the kingdom . monday march secretary cook renewed the motion of supplies for his majesty , yet so that grievances be likewise taken into consideration . we all think fit ( said he ) that both these go hand in hand together ; but let me put you in mind of that which concerns the king , let him have the precedency of honor , if not of time , let the heads of the kings supply first be propounded , this will be an honor to the king , and will do service to the house ; the end of this parliament is the subsistence of the king , as he himself hath declared , and such a command is not to be slighted ; the king himself propounded it , and then he will agree with us in other requests that are fit for a king to give ; we that have the happiness to attend his majesty , can tell you , that no king is more ready to hear the complaints of his subjects , and withal you know no king is more sensible of all reproaches which touch his honor. will it not be fit to grant him this honor , to have the precedency ? it was the speech of an ancient parliament man , let us deal gently with our king ; by these laws that we make we do bind our selves , and it is an addition of his power : none that dies but leaves his heir to the favor of the king , none that lives but needs the favor of the king : we having made our first union with god , it is next intended , that we be at one with our king , is it not fit we be at peace with our head ? his majesty desires it , and expects it : after this unity with our head , there is consideration to be had of unity with our selves , after this we shall be all knit in one body , we shall all pronounce clearly shiboleth , and we shall consider of the grievances and irregularities of the times , which none desires to be reformed more then his majesty and those whom you think most averse : let us take the best way for reformation : and will not this be a happy union , if the whole body concur to reduce all into regularity ? if laws be our birth-rights , we shall hereby recover them and their splendor ; this will have good aspect abroad , and it will give courage to our men that have been despised , and will prevent practises to continue divisions amongst us both at home and abroad . the first sower of seeds of distractions amongst us , was an agent of spain , gondomar , that did his master great service here and at home . since that we have had other ministers that have blown the fire : the ambassador of france told his master at home , what he had wrought here the last parliament , namely , divisions between king and people , and he was rewarded for it . whilst we sit here in parliament , there was another intended parliament of jesuites and other well-willers , within a mile of this place ; that this is true , was discovered by letters sent to rome : the place of their meeting is changed , and some of them are there where they ought to be ; if you look in your calendar , there is a day of st. ioseph , it was called in the letter the oriental day , and that was the day intended for their meeting . i speak this to see gods hand to work our union in their division ; they are not more rent from us , then they are from themselves . i desire the meanest judgement to consider what may follow by giving precedency to his majesty , and by so doing , we shall put from our selves , many imputations . if we give any occasion of breach , it is a great disadvantage ; if otherwise it is an obligation to his majesty , which his majesty will not forget . then he made a motion , that the same committee may hear propositions of general heads of supply , and afterward go to other businesses of the day for grievances . others preferred the consideration of grievances , as a particular root that invades the main liberty of the subject . it is the law ( said they ) that glorious fundamental right , whereby we have power to give ; we desire but that his majesty may see us have that right therein , which next to god we all desire ; and then we doubt not but we shall give his majesty all supply we can : the time was when it was usual to desire favors for sowing discords , as gondomar did for raleigh's head . but the debates of this day came to no resolution . the day following mr secretary cook tendred the house certain propositions from the king , touching supply ; and told them , that his majesty finding time precious , expects that they should begin speedily , lest they spend that time in deliberation which should be spent in action ; that he esteems the grievances of the house his own , and stands not on precedence in point of honor . therefore to satisfie his majesty , let the same committee take his majesties propositions into consideration , and let both concur , whether to sit on one in the forenoon , or the other in the afternoon , it is all one to his majesty . hereupon the house turned themselves into a committee , and commanded edward littleton esquire unto the chair , and ordered the committee to take into consideration the liberty of the subject , in his person , and in his goods ; and also to take into consideration his majesties supply . in this debate the grievances were reduced to six heads , as to our persons . . attendance at the council board . . imprisonment . . confinement . . designation for forein imployment . . martial-law . . undue proceedings in matter of judicature . the first matter debated , was the subjects liberty in his person ; the particular instance was in the case of sir iohn heveningham , and those other gentlemen who were imprisoned about loan-money , and thereupon had brought their habeas corpus , had their case argued , and were nevertheless remanded to prison , and a judgment , as it was then said , was entred . whereupon mr. creswell of lincolns-inn spake to this purpose . justice ( said he ) is the life and the heart-blood of the common-wealth : and if the commonwealth bleed in the master vein , all the balm in gilead is but in vain to preserve this our body of policy from ruin and destruction , justice is both columna & corona reipublicae ; she is both the columne and the pillar , the crown and the glory of the commonwealth ; this is made good in scripture by the judgement of solomon , the wisest king that ever raigned upon earth . for first , she is the pillar ; for he saith , by justice the throne shall be established . secondly , she is the crown ; for he saith , that by justice a nation shall be exalted . our laws which are the rules of this justice , they are the ne plus ultra to both the king and the subject ; and as they are the hercules pillar , so they are the pillar to every hercules , to every prince , which he must not pass . give me leave to resemble her to nebuchadnezar's tree , for she is so great , that she doth shade not onely the palace of the king and the house of nobles , but doth also shelter the cottage of the poorest begger . wherefore , if either now the blasts of indignation , or the unresistable violater of laws , necessity , hath so bruised any of the branches of this tree , that either our persons , or goods , or possessions have not the same shelter as before , yet let us not therfore neglect the root of this great tree , but water it with our tears , that so these bruised branches may be recovered , and the whole tree again prosper and flourish . i know well , that cor regis inscrutabile ; and that kings , although they are but men before god , yet they are gods before men . and therefore to my gracious and dread soveraign ( whose vertues are true qualities , ingenerate both in his judgment and nature ) let my arm be cut off ; nay , let my soul not live that day that i shall dare to lift up my arm to touch that forbidden fruit , those flowers of his princely crown and diadem . but yet in our eden , in this garden of the commonwealth , as there are the flowers of the sun , which are so glorious , that they are to be handled only by royal majesty : so , are there also some daysies , and wholesom herbs , which every common hand that lives and labors in this garden may pick and gather up , and take comfort and repose in them : amongst all which this oculus diei , this bona libertas is one , and the chief one . i will now descend to the question , wherein i hold with all dutiful submission to better judgments , that these acts of power , in imprisoning and consining of his majesties subjects in such manner , without any declaration of the cause , are against the fundamental laws and liberties of this kingdom . the first from the great favor which the law doth give unto , and the great care which it hath ever taken of , the liberty and safety of this kingdom . to proceed therefore in maintenance of my first reasons . i find our law doth so much favor the subjects liberty of his person , that the body of a man was not liable to be arrested or imprisoned for any other cause at the common-law , but for force and things done against the peace : for the common-law ( being the preserver of the land ) so abhorreth force , that those that commit it she accounteth her capital enemies , and therefore did subject their bodies to imprisonment . but by the statute of marlebridge cap. . which was made h. . who was the eighth king from the conquest , because bailiffs would not render accompts to their lords , it was enacted , that their bodies should be attatched . and after by the stat : e. . . who was the eleventh king after the conquest , because men made no conscience to pay their debts , it was enacted , that their bodies should likewise be attached : but before those statutes , no mans body was subject to be taken or imprisoned , otherwise then as aforesaid ; whereby it is evident , how much the common-law favored the liberty of the subject , and protected his body from imprisonment . here he enforced the reason by a rule in law , and mentioned some cases in law upon that rule , and so proceeded to a second reason , drawn by an argument à majore ad minus . i frame it thus ( said he ) if the king have no absolute power over our lands or goods , then à fortiori , not over our persons , to imprison them , without declaring the cause , for our persons are much more worth , then either lands or goods ; which is proved by what i have said already : and christ himself makes it clear , where he saith , an non est corpus supra vestimentum ? is not the body of more worth then the raiment ? nay , i may well say , that almost every leaf and page of all the volumes of our common-law prove this right of propriety , this distinction of meum and tuum , as well between king and subject , as one subject and another : and therefore my conclusion follows , that if the prerogative extend not neither to lands nor to goods , then à fortiori , not to the person , which is more worth then either lands or goods , as i said . and yet i agree , that by the very law of nature , service of the person of the subject is due to his soveraign , but this must be in such things which ●re not against the law of nature ; but to have the body imprisoned without any cause declared , and so to become in bondage , i am sure is contrary unto , and against the law of nature , and therefore not to be inforced by the soveraign upon his subjects . . my next reason is drawn ab inutili & incommodo ; for the statute de frangentibus prisonám made e. . is , quod nullus qui prisonam fregerit subeat judicium vitae vel membrorum pro fractione prisonae tantum nisi causa pro qua captus imprisonetur tale judicium requirat , whence this conclusion is clearly gathered , that if a man be committed to prison without declaring what cause ; and then if either malefactor do break the prison , or the gaoler suffer him to escape , albeit the prisoner so escaping had committed crimen laesae majestatis ; yet neither the gaoler , nor any other that procured his escape , by the law suffer any corporal punishment for setting him at large ; which if admitted , might prove in consequence a matter of great danger to the commonwealth . . my next reason is drawn ab regis honore , from that great honor the law doth attribute unto soveraign majesty , and therefore the rule of law is that solum rex hoc non potest facere , quod non potest justè agere . and hussey chief justice , h. . saith , that sir iohn markham told king e. . he could not arrest a man either for treason or felony , as a subject might , because that if the king did wrong , the party could not have an action against him ; and if the kings writ under his great-seal cannot imprison the subject , unless it contains the cause ; shall then the kings warrant otherwise do it , without containing the cause ? that his judge upon the return thereof , may likewise judge of the same . but i will conclude with that which i finde reported of sir iohn davis , who was the kings serjeant , and so by the duty of his place would no doubt maintain , to his uttermost , the prerogatives of the king his royal master : and yet it was by him thus said in those reports of his upon the case of tavistry-customs , that the kings of england alwayes have had a monarchy royal , and not a monarchy seignoral : where , under the first saith he , the subjects are freemen , and have propriety in their goods and free-hold , and inheritance in their lands : but under the later , they are as villains and slaves , and have propriety in nothing . and therefore said he , when a royal monarch makes a new conquest ; yet if he receives any of the nations ancient inhabitants into his protection , they and their heirs after them shall enjoy their lands and liberties according to the law. and there he vouched this president and judgment following , given before william the conqueror ; viz. that one sherborn , a saxon , at the time of the conquest being owner of a castle and lands in norfolk , the conqueror gave the same to one warren a norman , and sherborn dying , the heir claiming the same by discent , according to the law ; it was before the conqueror himself adjudged for the heir , and that the gift thereof by the conqueror was void . upon this and other arguments made in this case of the habeas corpus , the house referred the whole business to a committee to examine all the proceeding : concerning which mr selden afterward made report to the house , that mr waterhouse a clerk in the crown office , being examined before the committee , did confess , that by direction from sir robert heath the kings attorney-general , he did write the draught of a judgement in the case before mentioned , which was delivered to mr attorney . and mr keeling being examined before the committee , did confess , that after mich : t●●m last the attorney general wished him to make a special entry of 〈◊〉 habeas corpus : to which he answered , he knew no special entry in those cases , but onely a remittitur : but said to mr attorney , that if he pleased to draw one , and the court afterwards assent to it , he would then enter it . the attorney did accordingly make a draught , and the copy thereof mr keeling produced to the committee . and further said , that he carried this draught to the judges , but they would not assent to a special entry : nevertheless , the at. general divers times sent to him , and told him there was no remedy , but he must enter it . yet a week before the parliament the att. general called for the draught again , which accordingly he gave unto him , and never heard of it more . sir robert philips upon this report gave his opinion , that this intended judgement in the habeas corpus was a draught made by some man that desired to strike us all from our liberties : but the judges justly refused it ; but if the judges did intend it , we sit not here ( said he ) to answer the trust we are sent for , if we present not this matter to his majesty . let this business be further searched into , and see how this judgement lies against us , and what the judges do say concerning the same . sir edw. cook proceeded and said , this draught of the judgement will sting us , quia nulla causa fuit ostenta , being committed by command of the king , therefore he must not be bailed : what is this , but to declare upon record , that any subject , committed by such absolute command , may be detained in prison for ever ? what doth this tend to but the utter subversion of the choise liberty and right belonging to every free-born subject of this kingdom ? i fear , were it not for this parliament , that followed so close after that form of judgement was drawn up , there would have been hard putting to have had it entred : but a parliament brings judges , officers , and all men in good order . the commons afterwards upon further debates of this matter , desired , that the judges of the kings-bench might declare themselves concerning this business , which was done accordingly , and though it be a little out of time ; yet for coherence sake , we bring it in here . judge whitlock spake thus . my lords , we are , by your appointment , here ready to clear any aspersion of the house of commons in their late presentment upon the kings-bench , that the subject was wounded in the judgement there lately given . if such a thing were , my lords , your lordships , not they , have the power to question and judge the same . but , my lords , i say there was no judgement given , whereby either the prerogative might be enlarged , or the right of the subject trenched upon . it is true , my lords , in mich : tearm last , four gentlemen petitioned for a habeas corpus , which they obtained , and counsel was assigned unto them , the return was per speciale mandatum domini regis , which likewise was made known to us under the hands of eighteen privy-councellors . now , my lords , if we had delivered them presently upon this , it must have been , because the king did not shew cause wherein we should have judged the king had done wrong , and this is beyond our knowledge ; for he might have committed them for other matters then we could have imagined ; but they might say thus , they might have been kept in prison all their dayes : i answer , no , but we did remit them , that we might better advise of the matter ; and they the next day might have had a a new writ , if they had pleased . but they say we ought not to have denied bail : i answer , if we had done so , it must needs have reflected upon the king , that he had unjustly imprisoned the● ▪ and it appears in dyer , eliz. that divers gentlemen being comm●●●d , and requiring habeas corpus , some were bailed , others remitted : whereby it appears , much is left to the discretion of the judges . for that which troubleth so much remittitur quousque this , my lords was onely ( as i said before ) to take time what to do : and whereas they will have a difference between remittitur & remittitur quousque my lords , i confess , i can finde none ; but these are new inventions to trouble old , records . and herein , my lords , we have dealt with knowledge and understanding ; for had we given a judgement , the party must thereupon have rested ; every judgement must come to an issue in matter , in fact , or demur in point of law ; here is neither ; therefore no judgement . for endeavoring to have a judgement entred ( it is true ) mr attorney pressed the same for his majesties servies : but we having sworn to do right between his majesty and his subjects , commanded the clerk to make no entry , but according to the old form ; and the rule was given by the chief justice alone . i have spent my time in this court , and i speak confidently , i did never see nor know by any record , that upon such a return as this a man was bailed , the king not first consulted with , in such a case as this . the commons house do not know what letters and commands we receive ; for these remain in our court , and are not viewed by them . for the rest of the matters presented by the house of commons , they were not in agitation before us , whether the king may commit , and how long he may detain a man committed . therefore having answered so much as concerneth us ; i desire your lorships good construction of what hath been said . judge doderidge , concerning the same subject , said , it is no more fit for a judge to decline to give an accompt of his doings , then for a christian of his faith. god knoweth , i have endeavored alwayes to keep a good conscience ; for a troubled one , who can bear ? the kingdom holds of none but god ; and judgements do not pass privately in chambers , but publickly in courts , ( where every one may hear ) which causeth judgement to be given with maturity . your lordships have heard the particulars given by my brother , how that counsel being assigned to those four gentlemen in the latter end of mich. term their cause received hearing , and upon consideration of the statutes and records , we found some of them to be according to the good old law of magna charta ; but we thought that they did not come so close to this case , as that bail should be thereupon presently granted . my lords , the habeas corpus consisteth of three parts ; the writ , the return upon the writ or schedule , and the entry or rule reciting the habeas corpus and the return , together with the opinion of the court , either a remittitur , or a traditur in ballium . in this case a remittitur was granted , which we did , that we might take better advisement upon the case , and upon the remittitur . my lords , they might have had a new writ the next day , and i wish they had , because it may be they had seen more , and we had been eased of a great labour . and , my lords , when the attorney , upon the remittitur pressed an entry , we all straitly charged the clerk that he should make no other entry , then such as our predecessors had usually made in like cases . for the difference between remittitur and remittitur quousque i could never yet finde any : i have now sate in this court years , and i should know something : surely , if i had gone in a mill so long , dust would cleave to my clothes . i am old , and have one foot in the grave , therefore i will look to the better part as near as i can . but omina habere in memoria , & in nullo errare , divinum potius est quàm humànum . the lord chief justice hide , and justice iones delivered their opinions much to the same purpose . the house proceeded in further debate of the liberty of the subject . mr hackwel resumes the debate of the matter concerning the habeas corpus . the late judgement ( said he ) which lies in bar , is onely an award , and no judgement ; and in the l. chief justice his argument there was no word spoken , that the king might commit or detain without cause . for the king to commit a man , is indignum regi : mercy and honor flow immediately from the king , judgement and justice are his too , but they flow from his ministers ; the sword is carried before him , but the scepter in his hands . these are true emblems of a good king. the law admits not the king power of detaining in prison at pleasure . in antient times prisons were but pro custodia , carceres non ad poenam , sed ad custodiam : admit the king may commit a man , yet to detain him as long as he pleaseth is dangerous , and then a man shall be punished before his offence : imprisonment is a maceration of the body , and horror to the minde , it is vita pejor morte . mr selden last of all produced the statutes , presidents , and book-cases , which were expresse● in point to the question in hand ; and the house commanded that case in the lord chief justice andersons book , all of his own hand-writing , to be openly read . and for the president● cited by the kings council , in years of the queen , as the opinion of all the judges ; certainly , there was a great mistake in it , and the mistake was the greater , when it passed as currant by the judges of the kings-bench , in the last case of the habeas corpus . and that the truth of the opinion may clearly appear , let us read the words out of the lord chief justice andersons report , out of the book written with his own hand , which will contradict all those apocrypha reports that go upon the case : the words of the report were these . divers persons fueront committes a several temps a several prysons sur pleasure sans bon cause parte de queux estiant amesnes en banck le roy. et parte en le commune banck fuerunt accordant a le ley de la terre mise a large & discharge de le imprisonment , pur que aucunt grands fueront offendus & procure un commandment a les iudges que ils ne fera ainsi apres . ceo nient meins , les iudges ne surcease mes per advise enter eux ils fesoint certain articles le tenour de queux ensus , & deliver eux al seignieurs chancelor & treasurer & eux subscribe avec touts lour mainies , les articles sont come erisnoint . we her majesties iustices of both benches and barons of the exchequer , desire your lordships that by some good means some order may be taken , that her highness subjects may not be committed or detained in prison by commandment of any noble man or councellor against the laws of the realm ; either else to help us to have access to her majesty , to the end to become suitors to her for the same : for divers have been imprisoned for suing ordinary actions and suits at the common-law , until they have been constrained to leave the same against their wills , and put the same to order , albeit iudgement and execution have been had therein to their great losses and griefs : for the aid of which persons her majesties writs have sundry times been directed to sundry persons having the custody of such persons unlawfully imprisoned , upon which writs no good or lawfull cause of imprisonment hath been returned or certified : whereupon , according to the laws they have been discharged of their imprisonment ; some of which persons so delivered , have been again committed to prison in secret places , and not to any common or ordinary prison , or lawfull officer or sheriff , or other lawfully authorized , to have or keep a goal : so that upon complaint made for their delivery , the queens courts cannot tell to whom to direct her majesties writs ; and by this means iustice cannot be done . and moreover , divers officers and serjeants of london have been many times committed to prison for lawfull executing of her majesties writs , sued forth of her majesties court at westminster , and thereby her majesties subjects and officers are so terrified , that they dare not sue or execute her majesties laws , her writs and commandments : divers others have been sent for by pursevants , and brought to london from their dwellings , and by unlawfull imprisonment have been constrained , not only to withdraw their lawfull suits , but have been also compelled to pay the pursevants so bringing such persons great sums of money . all which upon complaint , the iudges are bound by office and oath to relieve and help , by , and according to her majesties laws . and where it pleaseth your lordships to will divers of us to set down in what cases a prisoner sent to custody by her majesty or her councel , are to be detained in prison and not to be delivered by her majesties court or iudges : we think , that if any person be committed by her majesties command , from her person , or by order from the council board , and if any one or two of her council commit one for high treason , such persons so in the cases before committed , may not be delivered by any of her courts , without due trial by the law , and iudgement of acquittal had . nevertheless the iudges may award the queens writ , to bring the bodies of such prisoners before them ; and if upon return thereof , the causes of their commitment be certified to the iudges , as it ought to be , then the iudges in the cases before , ought not to deliver him , but to remand the prisoner to the place from whence he came , which cannot conveniently be done , unless notice of the cause in general , or else in special , be given to the keeper or goaler that shall have the custody of such a prisoner . all the iudges and barons did subscribe their names to these articles , ter. paschae eliz. and delivered one to the l. chancellor , and another to the l. treasurer : after which time there did follow more quietness then before , in the cause before mentioned . after the reading of this report , sir edw. cook said , that of my own knowledge this book was written with my l. andersons own hand ; it is no flying report of a young student . i was solicitor then , and treasurer burley was as much against commitment as any of this kingdom ; it was the white staves that made this stir . let us draw towards a conclusion : the question is , whether a feeman can be imprisoned by the king without setting down the cause ? i leave it as bare as aesops crow ; they that argue against it , humores moti & non remoti corpus destruunt . it is a maxime , the common-law hath admeasured the kings prerogative , that in no case it can prejudice the inheritance of the subjects ; had the law given the prerogative to that which is taken , it would have set some time to it , else mark what would follow . i shall have an estate of inheritance for life , or for years in my land , or propriety in my goods , and i shall be a tenant at will for my liberty : i shall have propriety in my own house , and not liberty in my person , perspicuè vera non sunt probanda . the king hath distributed his judicial power to courts of justice , and to ministers of justice , it is too low for so great a monarch as the king is , to commit men to prison ; and it is against law , that men should be committed , and no cause shewed . i would not speak this , but that i hope my gracious king will hear of it ; yet it is not i edw. cook that speaks it , but the records that speak it , we have a national appropriate law to this nation diversis ab orbe brittannis : i will conclude with the acts of the apostles , chap. . it is against reason to send a man to prison , and not to shew the cause . it is now time to go to the question . resolved upon the question , nemine contradicente : i. that no freeman ought to be detained or kept in prison , or otherwise restrained by the command of the king or the privy-council , or any other , unless some cause of the commitment , detainer or restraint be expressed , for which by law he ought to be committed , detained or restrained . ii. that the writ of habeas corpus may not be denied , but ought to be granted to every man that is committed or detained in prison , or otherwise restrained , though it be by the command of the king , the privy-council , or any other , he praying the same . iii. that if a freeman be committed or detained in prison , or otherwise restrained by the command of the king , the privy-council , or any other , no cause of such commitment , detainer or restraint being expressed , for which by law he ought to be committed , detained , or restrained , and the same be returned upon a habeas corpus , granted for the said party , then he ought to be delivered or bailed . and then taking into consideration the property of the subject in his goods , they came to this resolution , to which there was not a negative ; viz. that it is the antient and undubitable right of every freeman , that he hath a full and absolute property in his goods and estate , that no tax , tallage , loan , benevolence , or other like charge ought to be commanded , or levied by the king , or any of his ministers without common consent by act of parliament . wednesday , march . the propositions tendred the day before by secretary cook from his majesty were now received and read , but the debate thereof was referred to another day . the propositions were these ; viz. . to furnish with men and victuals ships to guard the narrow seas , and along the coasts . . to set out ten other ships for the relief of the town of rochel . . to set out ten other ships for the preservation of the elbe , the sound and baltick-sea . . to leavy arms , cloth , victual , pay and transport an army of . horse , and . foot , for forein service . . to pay and supply l. more for the service of denmark . . to supply the forts of the office of ordnance . . to supply the stores of the navy . . to build ships yearly for the increase of the navy . . to repair the forts within the land. . to pay the arrears of the office of ordnance . . to pay the arrears of the victuallers office. . to pay the arrear of the treasure of the navy . . to pay the arrears due for the freight of divers merchants ships imployed in his majesties service . . to provide a magazine for victuals for land and sea-service . and the commons having a conference with the lords about the petition against recusants , secretary cook was appointed to manage the said conference . in the first place ( he said ) we acknowledge all due honor , both unto the reverend fathers of the church , and to our noble lords ; in that ye have shined before us as worthy lights in the encouragement and maintenance of true religion , being the true support of all dignities and honors . and this forwardness of you is the more remarkable , when that viperous generation , as your lordships justly stiled them , do at ease with tooth and nail essay to rend the bowels of their mother . give me leave to tell you what i know , that these now both vaunt at home and write to their friends abroad , they hope all will be well , and doubt not to prevail , and to win ground upon us . and a little to awake the zeal and care of our learned and grave fathers , it is fit that they take notice of that hierarchy which is already established in competition with their lordships ; for they have a bishop consecrated by the pope ; this bishop hath his subalternate officers of all kindes , as vicars-general , arch-deacons , rural-deans , apparators , and such like : neither are these nominal or titular officers alone ; but they all execute their jurisdictions , and make their ordinary visitations through the kingdom , keep courts , and determine ecclesiastical causes . and which is an argument of more consequence , they keep ordinary intelligence by their agents in rome , and hold correspondence with the nuntio's and cardinals both at bruxels , and in france . neither are the seculars alone grown to this height , but the regulars are more active and dangerous , and have taken deep root ; they have already planted their societies and colledges of both sexes , they have setled revenues , houses , libraries , vestments , and all other necessary provisions , to travel or stay at home : nay , even at this time they intend to hold a concurrent assembly with this parliament . but now since his sacred majesty hath extended his royal arm , and since the lords of his council have by their authority caused this nest of wasps to be digged out of the earth , and their convocations to be scattered ; and since your lordships joyn in courage and resolution , at least to reduce this people to their lawfull restraint , that they may do no more hurt , we conceive great hope and comfort , that the almighty god will from henceforth prosper our endeavors both at home and aboad . but now , my lords , to come to the chief errand of this our meeting , which is to make known to you the approbation of our house of that petition to his majesty , wherein you are pleased to request our concurrence . the house hath taken it into serious consideration , and from the beginning to the end approve of every word , and much commend your happy pen ; onely we are required to present unto you a few additions whereby we conceive the petition may be made more agreeable to the statutes which are desired to be put in execution , and to a former * petition granted by his majesty , recorded in both houses , confirmed under the broad-seal of england , and published in all our courts of ordinary justice . but these things we propound , not as our resolutions , or as matters to raise debate or dispute , but commend them onely as our advice and desire , being ready notwithstanding to joyn with your lordships in the petition , as now it is , if your lordships shall not finde this reason to be of weight . this being agreed unto ; on monday the of march , the aforesaid petition was presented by his majesty to both houses ; at the delivery whereof the lord keeper spake as followeth . most gracious soveraign , the lords spiritual and temporal , and commons in this present parliament assembled , out of due care of the glory of almighty god , and of the honor and safety of your majesty , do with all humbleness , and with one unanimous , consent present to your royal hands , the most loyal desires of all their hearts ; which is set down in a dutifull petition , which is to quicken the laws against the perturbers of the peace of all states : we cannot , nor do not forget your majesties most gracious acts and answers on the like petition ; they are visible to the world , to your majesties honor and comfort : we bend our knees and hearts , blessing god and your majesty therefore ; yet let it not seem needless , that we repair again to your majesty : the husbandman knows what weeds are not destroyed at one weeding . these are growing evils , they are weeds of a spreading nature : and we that come from all parts do think it our duty to tell your majesty , that gods vineyard is not yet cleansed . and god himself requires , that we pray to him often , even for what he means and promiseth to bestow on us . but my message comes from the pen of both houses : and therefore i humbly beseech your majesty to lend a gracious ear to hear me read the petition . after the reading thereof , his majesty made this short speech . my lords and gentlemen , i do very well approve the method of your proceedings in this parliament ; a jove principium ; hoping that the rest of your consultatious will succeed the happier . and i like the preamble of my lord keeper , otherwise i should have a little suspected that you had thought me not so careful of religion as i have , and ever shall be , wherein i am as forward as you can desire . and for the petition , i answer first in general , that i like it well , and will use these as well as other means for the maintenance and propagation of that religion wherein i have lived , and do resolve to die . but for the particulars , you shall receive a more full answer hereafter . and now i will only add this ; that as we pray to god to help us , so we must help our selves : for we can have no assurance of his assistance , if we do lie in bed , and only pray , without using other means . and therefore i must remember you , that if we do not make provision speedily , we shall not be able to put one ship to sea this year . verbum sapienti sat est . afterwards the lord keeper signified unto the house , that his majesty had now given his answer unto the petition exhibited by both houses against recusants , and had commanded his lordship to read the same answer in this house ; and mr secretary to read it in the house of commons . whereupon the clerk read the first article of the said petition , and the lord keeper read his majesties answer unto the same , and so each article thereof . the which petition with the answers follow in haec verba . most gracious soveraign , we your most loyal and obedient sub●ects , the lords spiritual and temporal , and commons in parliament assembled , having to our singular comfort obtained your majesties pious and gracious assent for a publick fast , to appease the wrath of almighty god kindled against us , and to prevent those grievous iudgments , which do apparently press upon us , do in all humility present unto your sacred majesty all possible thanks for the same . and because the publick and visible sins of the kingdom , are the undoubted causes of those visible evils that are faln upon us ; amongst which sins , ( as is apparent by the word of god ) idolatry and superstition are the most haynous and crying sins ; to the end that we may constantly hope for the blessing of god to descend upon this our publick humiliation , by abandoning those sins which do make a wall of separation betwixt god and us . we most humbly and ardently beg at the hands of your most sacred majesty , that your majesty will be pleased to give continual life and motion to all those laws that stand in force against iesuites , seminary priests , and all that have taken orders by authority of the sea of rome , by exacting a more due and serious execution of the same : amongst which number , those that have highly abused your majesties clemency , by returning into the kingdom after their vanishment , contrary to your highness express proclamation , we humbly desire may be left to the severity of your laws , without admitting of any mediation or intercession for them . and that such of your majesties unsound and il affected subjects , as do receive , harbor , or conceal any of their viperous generation , may without delay suffer such penalties and punishments as the laws most justly impose upon them . his majesties answer unto the first article of this petition . to the first point his majesty answereth , that he will according to your desire give both life and motion to the laws that stand in force against jesuites , seminary priests , and all that have taken orders by authority of the sea of rome : and to that end his majesty will give strict order to all his ministers for the discovering and apprehending of them , and so leave them being apprehended to the trial of the law. and in case , after trial , there shall be cause to respit execution of any of them ; yet they shall be committed ( according to the example of the best times ) to the castle of wisbitch , and there be safely kept from exercising their functions , of spreading their superstitious and dangerous doctrine ; and the receivers and abettors they shall be left to the law. that your majesty would be pleased to command a surer and strait watch to be kept in and over your majesties ports and havens , and to commit the care and charge of searching of ships for the discovery , and apprehension aswel of jesuites and seminary priests brought in , as of children and young students , sent over beyond the seas , to suck in the poyson of rebellion and superstition , unto men of approved fidelity and religion : and such as shall be convicted to have connived or combined in the bringing in of the one , or conveying of the other , that the laws may pass upon them with speedy execution . his majesties answer to the second article . to the second article ; his majesty granteth all that is in this article ; and to this end will give order to the lord treasurer , lord admiral , and lord warden of the cinque ports , that in their several places they be careful to see this article fully executed , giving strict charge to all such as have place and authority under them , to use all diligence therein . and his majesty requireth them , and all other his officers and ministers , to have a vigilant eye upon such as dwell in dangerous places of advantage or opportunity , for receiving or transporting of any such as are here mentioned . and his majesty will take it for good service , if any will give knowledge of any such as have connived or combined , or shall connive or combine , as is mentioned in this article , that justice may be strictly done upon them . that considering those dreadful dangers ( never to be forgotten ) which did involve your majesties sacred person , and the whole representative body of your maiesties kingdom , plotted and framed by the free and common access of popish recusants to the city of london , and to your majesties court , your majesty would be gratiously pleased to give speedy command for the present putting in practise those laws , that prohibit all popish recusants to come to the court , or within ten miles of the city of london ; as also those laws that confine them to the distance of five miles from their dwelling houses ; and that such by-past licenses not warranted by law , as have been granted unto them for their repair to the city of london , may be discharged and annulled . his majesties answer to the third article . to the third ; his majesty will take order to restrain the recourse of recusants to the court ; and also for the other points in this article his majesty is well pleased that the laws be duely executed , and that all unlawful licenses be annulled and discharged . that whereas it is more then probably conceived , that infinite sums of moneys have within these two or three years last past been extracted out of the recusants within the kingdom by colour of composition , and a small proportion of the same returned unto your majesties coffers , not onely to the suddain enriching of private persons , but to the emboldning of romish recusants to entertain massing priests into their private houses , and to exercise all their mimique rites of their gross superstition , without fear of control , amounting ( as by their dayly practice and ostentation we may conceive ) to the nature of a concealed toleration ; your majesty would be gratiously pleased to entertain this particular more neerly into your princely wisedom and consideration ; and to dissolve this mystery of iniquity patched up of colourable leases , contracts , and preconveyances , being but masks on the one part of fraud to deceive your majesty and states , on the other part for private men to accomplish their corrupt ends . his majesties answer to the fourth article . to the fourth article ; his majesty is most willing to punish for the time past , and prevent for the future , any of the deceits and abuses mentioned in this article ; and will account it a good service in any , that will inform himself , his privy councel , officers of his revenues , judges , or learned councel , of any thing that may reveal this mystery of iniquity . and his majesty doth strictly command every of them , to whom such information shall be brought , that they suffer not the same to die , but do their uttermost endeavour to effect a clear discovery , and bring the offenders to punishment . and to the intent no concealed toleration may be effected , his majesty leaves the laws to their course . that as the persons of ambassadors from forain princes , and their houses , be free for the exercises of their own religion , so their houses may not be made free chappels and sanctuaries unto your majesties subjects , popishly affected , to hear mass , and to participate in all other rites and ceremonies of that superstition , to the great offence of almighty god , and scandal of your majesties people loyally and religiously affected : that either the concourse of recusants to such places may be restrained , or at least such a vigilant watch set upon them , at their return from those places , as they may be apprehended , and severely proceeded withal , ut qui palam in luce peccant in luce puniantur . his majesties answer to the fifth article . to the fifth ; his majesty is well pleased to prohibit and restrain their coming and resort to the houses of ambassadors , and will command a vigilant watch to be set for their taking and punishing , as is desired . that no place of authority and command , within any the counties of this your majesties kingdom , or any ships of your majesties , or which shall be imployed in your majesties service , be committed to popish recusants , or to non-communicants , by the space of a year past , or to any such persons as according to direction of former acts of state are justly to be suspected , as the place and authority of lords lieutenants , deputy lieutenants , iustices of peace , or captains , or other officers or ministers mentioned in the statute made in the third year of the reign of your father of blessed memory : and that such as by connivence have crept into such places , may by your majesties royal command be discharged of the same . his majesties answer to the sixth article . to the sixth ; his majesty is perswaded that this article is already observed with good care ; nevertheless , for the avoiding ( as much as may be ) all errors and escapes in that kinde , his majesty will give charge to the lord keeper , that at the next term he call unto him all the judges , and take information from them of the state of their several circuits , if any such ( as are mentioned in this article ) be in the commission of the peace , that due reformation may be made thereof ; and will likewise give order to the lord admiral , and such others to whom it shall appertain , to make diligent enquiry and certificate to his majesty , if any such be in place of authority and command in his ships or service . that all your majesties iudges , iustices , and ministers of iustice , unto whose care and trust , execution ( which is the life of your majesties laws ) is committed , may by your majesties proclamation , not onely be commanded to put in speedy execution those laws which stand in force against iesuits , seminary priests , and popish recusants , but that your majesty would be further pleased to command the said iudges and iustices of assize , to give a true and strict account of their proceedings , at their returns out of their circuits , unto the lord keeper , and by the lord keeper to be presented unto your majesty . his majesties answer unto the seventh article . to the seventh his majesty doth fully grant it . and for a fair and clear eradication of all popery for the future , and for the breeding and nursing up of a holy generation , and a peculiar people sanctified unto the true worship of almighty god , that until a provisional law may be made for the training and educating of the children of popish recusants in the grounds and principles of our holy religion , which we conceive will be of more power and force to unite your people unto you in fastness of love , religion and loyal obedience , then all pecuniary mulcts and penalties that can possibly be devised : your majesty would be pleased to take it into your own princely care and consideration , these our humble petitions proceeding from hearts and affections loyally and religiously devoted to god and your majesties service , and to the safety of your majesties sacred person , we most zealously present to your princely wisedom , craving your majesties chearful and gratious approbation . his majesties answer to the eighth article . to the eighth , his majesty doth well approve it , as a matter of necessary consideration , and the parliament now sitting , he recommendeth to both houses the preparation of a fitting law to that effect . and his majesty doth further declare , that the mildeness that hath been used towards those of the popish religion , hath been upon hope that forain princes thereby might be induced to use moderation towards their subjects of the reformed religion ; but not finding that good effect which was expected , his majesty resolveth , unless he shall very speedily see better fruits , to add a further degree of severity , to that which in this petition is desired . on wednesday the second of april , the propositions sent from the king , were mentioned , and several gentlemen expressed themselves severally on that subject . it is said , that the greatest grievance is want of supply ; but i hold it a greater grievance that his majesty is brought into those necessities , especially considering the supplies that of late have been given to the king , two subsidies of parliament , besides privy seals , the late loan , whereby five subsidies were forcibly and unadvisedly taken , and we have yet purchased to our selves nothing by all these but our own dishonor , we have drawn and provoked two powerful enemies upon us ; it is not then what the subjects do give , unless his majesty imploy men of integrity and experience , otherwise all that we give will be as cast into a bottomless bag . some propositions we shall not meddle with , as a soveraign army to be transported , we are not fit for that yet , but we will not reject it , for great princes , who give out rumors of raising great armies , do put their enemies to great fears ; then the defence of our coasts , nothing is more necessary ; but the bill of poundage is for that particular supply , and how far it may prejudice us for a future precedent , to give other supply , let us be advised . mr. secretary cook , observing a distinction made upon the propositions , as if some of them were to be omitted , i know ( said he ) you will do it upon deliberation ; some there are not possible to be omitted , as the guarding of the seas , defence of the elbe rotchel , and those draw on all the rest : ships must have men and munition , and we cannot divide any of these . this house is tender of the countrey ; the king will not lay a burthen that cannot be born ; we may supply his majesty without this , give we now what we please , the king may make use of it before the people are able to pay ; and we shall not onely make his majesty subsist , but advance his reputation in the world , by the unity of his people , more then by any treasure . indeed there may be some necessity for a war offensive , but looking on one late dysaster , i tremble to think of sending more abroad . let us consider those two great undertakings at cales and ree ; at cales that was so gloriously pretended , where our men arrived and found a conquest ready , namely , the spanish ships , a satisfaction sufficient and fit for us , and this confessed by some then imployed , and never but granted by all , that it was feasible and easie , why came this to nothing ? after that opportunity lost , when the whole army was landed , with destruction of some of our men , why was nothing done ? if nothing was intended , why were they landed , and why were they shipt again ? for rees voyage , was not the whole action carried against the judgement of the best commanders ? was not the army landed ? not to mention the leaving of the wines , nor touch the wonder that caesar never knew , the enriching of the enemy by curtesies : consider what a case we now are in , if on the like occasion , or with the like instruments , we shall again adventure another expedition . it was ever the wisedom of our ancestors here , to leave forain wars wholly to the state , and not to meddle with them . sir edw. cook. when poor england stood alone , and had not the access of another kingdom , and yet had more and as potent enemies as now it hath , yet the king of england prevailed . in the parliament roll , in the . year of edw. . the king and the parliament gave god thanks for his victory against the kings of scotland and of france , he had them both in windsor castle as prisoners . what was the reason of that conquest ? four reasons were given . . the king was assisted by good counsel . . there were valiant men . . they were timely supplied . . good imployment . . r. . the king was inviron'd with the flemins , scots and french , and the king of england prevailed . . r. . the king was invironed with spaniards , scots and french , and the king of england prevailed . r. . wars were in ireland and scotland , and yet the king of england prevailed , and thanks were given to god here ; and i hope i shall live to give god thanks for our kings victories . h. . one or two great men about the king so mewed him up , that he took no other advice but from them , whereupon the chancellor took this text and theam in his speech at the parliament , multorum consilia requiruntur in magnis , in bello qui maxime timent sunt in maximis periculis . let us give and not be afraid of our enemies , let us supply bountifully , cheerfully , and speedily , but enter not into particulars : solomons rule is , qui repetit separat , nay , separat foederatos : we are united in duty , &c. to the king , the king hath fourscore thousand pounds a year for the navy , and to scowre the narrow-seas , it hath been taken , and we are now to give it , and shall we now give more to guard the seas ? besides , when that is taken of our gift , it may be diverted another way . it shall never be said we deny all supply , i think my self bound , where there is commune periculum , there must be commune auxilium . i cannot forget that duty i owe to my countrey , and unless we be secured against our liberties , we cannot give ; i speak not this to make diversions , but to the end that giving i may give cheerfully . as for the propositions to be considered of , i incline to decline them , and to look upon the state of our countrey , whether it be fit to give , or no : are we come to an end for our countries liberties ? have we trenched on the rates of the deputy lieutenants ? are we secured for time future ? we all desire remedies for our grievances , and without them we shall neither be willing nor able to give ; for my part , i heartily desire remedy , but which is the best and wisest way , that is the question : as we have made some progress in our grievances , so let us now go on to supply ; there is a proverb , non bis ad idem , dash not the common-wealth twice against one rock . we have grievances , we must be eased of them ; who shall ease us ? no nation hath a people more loving to the king , then we ; but let the king think it and believe it , there is a distance betwixt him and us , before we can have his heart , we must remove it : our disease is not so great but that it may be cured , it is the kings evil which must be cured with gold ; let us imitate iacob , who wrestled with the angel , and would not let him go ; i would we could wrestle with the king in duty and love , and not to let him go in this parliament , till he comply with us : we must take heed of too much repetition and over-beating of grievances , it is dangerous , and it may make a further separation : he that talks too much of his grievance , makes the party that is the cause of it make an apology , and to justifie it , and that is dangerous : let us do as poets in a tragedy , that sometimes have comical passages , and so a generous mind will sink presently . sure a due presentation of such grievances to such a king with moderation , will take place with him : in all deliberations go the safest way ; the old way i have heard is first to remove grievances ; we must not ty and bind our selves by all that was done before : i have gone over the thames in former times on foot , when it was all an ice , but that is no argument to perswade me by to do the like now , because i did so once . the house waving the debate of the propositions proceeded with grievances by confinement , and designation for forain imployment , in which points several gentlemen delivered their opinion . confinement is different from imprisonment , and it is against the law that any should be confined either to his house , or elswhere : i know not what you can call a punishment , but there is some ground of it , or mention thereof in acts of parliament , law-books , or records , but for this of confinement , i finde none : indeed jews have been confined in former times to certain places , as here in london to the old iury : the civilians have perpetual prisons and coercive prisons , upon judgements in court , carcer domesticus is a confinement for madmen . i was imployed in . in that service , it was then thought fit that recusants should be confined in strong places , but it was not held legal , and when the navy was dispiersed they were set at liberty , and the parliament petitioned the queen for a law , to warrant the confinement : hereupon it was resolved , that no freeman ought to be confined by any command of the king or privy councel , or any other , unless it be by act of parliament , or by other due course or warrant of law. and then the house proceeded to the debate , concerning designation to forain imployment . touching designation to forain imployment , sir peter hayman opened his own case : i have forgot my imployment unto the palatinate , i was called before the lords of the councel , for what i know not , i heard it was for not lending on a privy seal , i told them if they will take my estate , let them , i will give it up , give i will not : when i was before the lords of the councel , they laid to my charge my unwillingness to serve the king ; i said , i had my life and my estate to serve my countrey , and my religion : they put upon me , if i did not pay , i should be put upon an imployment of service ; i was willing ; after ten weeks waiting they told me i was to go with a lord into the palatinate , and that i should have imployment there , and means befitting ; i told them i was a subject , and desired means ; some put on very eagerly , some dealt nobly ; they said i must go on my own purse , i told them nemo militat suis expensis ; some told me i must go , i began to think , what , must i ? none were ever sent out in that kinde ; lawyers told me i could not be so sent : having that assurance i demanded means , and was resolved not to stir upon those tearms , and in silence and duty i denied : upon this they having given me a command to go , after some twelve days they told me they would not send me as a soldier , but to attend on an ambassador ; i knew that stone would hit me , i setled my troubled estate , and addressed my self to that service . this is a great point that much concerns the commonwealth , if the the king cannot command a subject to his necessary service ; and on the other side , it will be little less then an honorable banishment to the subject , if he may . our books say the king cannot compel any to go out of the realm , and an action brought against him , he cannot plead in bar , that he is by command from the king in forein service , but the king may give him his protection . e. . n. . in the parliament roll there was an ordinance whereby the king had power to send some to ireland , it is ordained , that such sages of the law and soldiers , where need shall be , though they refuse to go and excuse themselves , if their excuses be not reasonable , the king may do to them according to right and reason : if the king by law could do this of himself , and send them to ireland , his own dominion , he would never have taken power from his parliament ; and if men do not according to that law , there is no imprisonment prescribed . no restraint , be it never so little , but is imprisonment , and forain imployment is a kind of honorable banishment : i my self was designed to go to ireland , i was willing to go , and hoped if i had gone , to have found some mompessons there : there is a difference when the party is the kings servant , and when not . e. . this was the time when the law was in its height : sir richard pembridge was a baron , and the kings servant , and warden of the cinque-ports , he was commanded to go to ireland , and to serve as deputy there , which he refused : he was not committed , but the king was highly offended , and having offices , and fees and lands pro servitio suo impenso , the king seized his lands and offices : i went to the parliament roll , . e. . where i found another precedent for forain imployment ; they that have offices pro consilio , or servitio impenso , if they refuse , those lands and offices so given are seized , but no commitment . if any man owes a man displeasure , and shall procure him to be put into forain imployment , it will be a matter of high concernment to the subject : we know the honor and justice of the king , but we know not what his ministers or the mediation of ambassadors may do to work their own wrath upon any man. if you grant this liberty , what are you the better by other priviledges ? what difference is there between imprisonment at home , and constrained imployment abroad ? it is no less then a temporal bamishment , neither is it for his majesties service to constrain his subjects to imployment abroad : honor and reward invites them rather to seek it , but to be compelled , stands not with our liberty . these debates , as to confinement , produced this resolution , that no freeman ought to be confined by any command from the king , or privy councel , or any other , unless it be by act of parliament , or by other due course or warrant of law. as for the matter of supply , the debate was put off till friday following . thursday . of april , mr. secretary cook brought the house this message from the king. his majesty having understood that some rumors were spread abroad of a sharp message yesterday delivered by me , and of some malicious words , that the duke should speak yesterday at the councel-board , he commanded me to tell you of the malice of those falss reports , for that nothing fell from the duke or that board , but what was for the good of this assembly : he would have you observe the malice of those spirits that thus put in these jealousies : had the duke so spoken , he should have contradicted himself , for all of us of the councel can tell , he was the first mover and perswader of this assembly of parliament to the king. esteem of the king according to his actions , and not these tales ; his majesty takes notice of our purpose , that on friday we will resolve upon supply , which his majesty graciously accepts of , and that our free gift without any condition should testifie to the world , that we will be as far from incroaching upon his prerogative , as he will be to incroach upon our liberties : and this shall well appear , when we present our grievances to him , and then we shall know that he hath no intention to violate our liberties , onely let us not present them with any asperity of words ; he counts it his greatest glory to be a king of freemen , not of villains : he thought to have delivered this message himself , but that he feared it would take us too much time . then he added a word of his own , yesterday after dinner we attended his majesty , and he asked us what we had done : we said we had entred into the consideration of supply , and that the final resolution was deferred till friday ; and that this was done for just reasons , to joyn the business of his majesties and our countries together , and this would further his majesty , and it would give content to the countrey , and that this union here might be spread abroad in the world. his majesty answered , for gods sake , why should any hinder them in their liberties ? if they did it not , i should think they dealt not faithfully with me . you may see a true character of his majesties disposition : let us proceed with courage , and rest assured his majesty will give great ear unto us , and let us all joyn to make a perfect union to win the kings heart ; we shall find a gracious answer from the king , and a hearty cooperation from those that you think to be averse to us . upon the delivery of this message some stood up , and professed they never heard of any such sharp message or words the day before , or that any was so bold as to interpose himself : they acknowledged his majesty had put a threefold obligation on them ; first , in giving them satisfaction ; secondly , in giving them assurance ( which is a great law ) that he will protect and relieve them ; thirdly , in giving them advice as may befit the gravity of that assembly and his own honor : so they concluded to carry themselves as their progenitors before had done , who never were marked for stepping too far on the kings prerogative , and they returned their humble thanks to his majesty . the day following mr. secretary cook delivered another message from the king , viz. his majesty hath again commanded me to put you in mind , how the eyes and interest of the christian world , are cast upon the good or evil success of this assembly : he also graciously taketh notice of that which is in agitation amongst us , touching the freedom of our persons , and propriety of our goods ; and that this particular care ( which he no way misliketh ) may not retard our resolution for the general good , he willeth us chearfully to proceed in both , and to express our readiness to supply his great occasions , upon assurance that we shall enjoy our rights and liberties , with as much freedom and security in his time , as in any age heretofore under the best of our kings ; and whether you shall think fit to secure our selves herein , by way of bill or otherwise , so as it be provided for with due respect of his honor and the publique good , whereof he doubteth not but that you will be careful , he promiseth and assureth you that he will give way unto it ; and the more confidence you shall shew in his grace and goodness , the more you shall prevail to obtain your own desires . vpon this occasion mr. pym spake , that in business of weight dispatch is better then discourse ; we came not hither without all motives that can be towards his majesty , had he never sent in this message ; we know the danger of our enemies , we must give expedition to expedition ; let us forbear particulars . a man in a journey is hindred by asking too many questions : i do believe our peril is as great as may be , every man complains of it , that doth incourage the enemy ; our way is to take that that took away our estates , that is , the enemy ; to give speedily is that that the king calls for : a word spoken in season is like an apple of silver ; and actions are more precious then words , let us hasten our resolutions to supply his majesty . and after some debate , they came to this unanimous resolve , that five subsidies be given his majesty ; and mr. secretary cook was appointed to acquaint his majesty with the resolution of the house . monday the . of april , mr. secretary cook reported to the house the kings acceptance of the subsidies , and how his majesty was pleased to ask , by how many voyces they were gained ? i said , but by one ; his majesty asked , how many were against him ? i said , none ; for they were voted by one voyce , and one general consent . his majesty was much affected therewith , and called the lords in councel , and there i gave them account what had passed ; besides , it gave his majesty no small content , that although five subsidies be inferior to his wants , yet it is the greatest gift that ever was given in parliament ; and now he sees with this he shall have the affections of his people , which will be greater to him then all value . he said he liked parliaments at the first , but since ( he knew not how ) he was grown to a distaste of them ; but was now where has was before , he loves them , and shall rejoyce to meet with his people often . vpon the giving of the five subsidies the duke of bucks made a speech at the councel table , and mr. secretary at that time acquainted the house therewith . the speech was this , sir , me thinks i behold you a great king , for love is greater then majesty ; opinion that the people loved you not , had almost lost you in the opinion of the world ; but this day makes you appear as you are , a glorious king , loved at home , and now to be feared abroad ; this falling out so happily , give me leave , i beseech you , to be an humble suitor to your majesty ; . for my self , that i , who have had the honour to be your favorite , may now give up that title unto them , they to be your favorites , and i to be your servant . my second suit is , that they having done also well , you will account of them as one ; a body of many members , but of all one heart ▪ opinion might have made them differ , but affection did move them all to joyn with like love in this great gift ; for proportion , although it be less then your occasions may ask , yet it is more then ever subjects did give in so short a time ; nor am i perswaded it will rest there , for this is but as an earnest of their affections , to let you see , and the world know what subjects you have , that when the honor and the good of the state is ingaged , and aid asked in the ordinary way of parliament , you cannot want : this is not the gift of five subsidies alone , but the opening of a mine of subsidies that lieth in their hearts . this good beginning hath wrought already these effects , they have taken your heart , drawn from you a declaration that you will love parliaments . and again , this will meet ( i make no question ) with such respect , that their demands will be just , dutiful , and moderate ; for they that know thus to give , know well what is fit to ask . then cannot your majesty do less then out-go their demands , or else you do less then your self or them ; for your message begot trust , their truth and your promises must then beget performances . this being done , then shall i with a glad heart behold this work as well ended as now begun , and then shall i hope that parliaments shall be made hereafter ●o frequent by the effects and good use of them , as they shall have this further benefit , to deter from approaching your ears those projecters and inducers of innovation , as disturbers both of church and commonwealth . now , sir , to open my heart , and to ease my grief , please you to pardon me a word more ; i must confess i have long lived in pain ; sleep hath given me no rest , favors and fortunes no content , such have been my secret sorrows , to be thought the man of separation , and that divided the king from his people , and them from him , but i hope it shall appear they were some mistaken minds , that would have made me the evil spirit that walketh between a good master and loyal people by ill offices ; whereas , by your majesties favor , i shall ever endeavour to approve my self a good spirit , breathing nothing but the best of services to them all . therefore this day i account more blessed to me then my birth , to see my self able to serve them , to see you brought in love with parliaments , to see a parliament express such love to you ; and god so love me and mine , as i joy to see this day . mr. secretary cook also at this time repeated the substance of the kings answer to the petition concerning recusants . and after he had done , sir iohn elliot expressed the great satisfaction which he apprehended , the house in general , and himself in special , had received touching each particular of his majesties gracious answer ; but shewed his dislike that mr. secretary in the close of his relation , made mention of another in addition to his majesty , which formerly hath been a matter of complaint in the house , the mixture with his majesty , not onely in the business , but in his name . is it ( said he ) that any man conceives the mention of others ( of what quality soever ) can add incouragement or affection to us in our duties and loyalties towards his majesty , or give them greater latitude or extent , then naturally they have ? or is it supposed that the power or interest of any man can add more readiness to his majesty in his gracious inclination to us , then his own goodness gives him ? i cannot believe it . and as the sweetness and piety of his majesty , which we have in admiration , makes me confident in this , so the expressions of our duty so perspicuous and clear , as already hath been given , is my assurance for the other . but sir , i am sorry there is this occasion , that these things should be argued , or this mixture which was formerly condemned should appear again : i beseech you sir , let it not be hereafter ; let no man take this boldness within these walls to introduce it , though i confess for my particular i shall readily commend , nay , thank that man , whose endeavors are applied in such offices , as may be advantageable for the publique ! yet in this matter so contrary to the customs of our fathers , and the honor of our times , i cannot without scandal apprehend it , nor without some character or exception pass it by , that such interposition may fol the future be left . now let us proceed , said he , to those services that concern his majesty and the subject , which ( i doubt not ) in the end will render us so real unto him , that we shall not need more help to endear us to his favor . the commons having expressed their dutiful affections towards his majesty , in giving him so large a gift as five subsidies , and having also shewed their care of the subjects in the liberty of their person , and propriety in their goods , did now prepare to transmit their resolves to the lords for their concurrence , and several members were appointed to manage a conference with the lords concerning the same . we shall briefly touch some passages of that conference , as to the rational and historical part thereof , omitting to mention precedents and book-cases , lest they should prove tedious to the reader . sir dudly diggs began with this introduction : i am commanded to shew unto your lordships in general , that the laws of england are grounded on reason , more ancient then books , consisting much in unwritten customs , yet so full of justice and true equity , that your most honorable predecessors and ancestors propugned them with a nolumus mutari ; and so ancient , that from the saxon days , notwithstanding the injuries and ruines of time , they have continued in most part the same , as may appear in old remaining monuments of the laws of ethelbert , the first christian king of kent , ina the king of the west saxons , osfa of the mercians , and of alfred the great monarch , who united the saxon heptarchie , whose laws are yet to be seen published , as some think , by parliament , as he says to that end , ut qui sub uno rege , sub una lege regerentur : and though the book of litchfield , speaking of the times of the danes , says , then ius sopitum erat in regno , leges & consuetudines sopitae sunt , and prava voluntas , vis & violentia magis regnabant quam judicia vel justitia , yet by the blessing of god a good king edward , commonly called st. edward , did awaken those laws ; and as the old words are , excitatas reparavit , reparatas decoravit , decoratas confirmavit , which confirmavit shews , that good king edward did not give those laws which william the conqueror and all his successors since that time have sworn unto . and here my lords , by many cases frequent in our modern laws strongly concurring with those of the ancient saxon kings , i might , if time were not more precious , demonstrate that our laws and customs were the same . i will onely intreat your lordships leave to tell you , that as we have now , even in those saxon times they had their court barons , and court leets , and sheriffs courts , by which as tacitus says of the germanes , their ancestors iura reddebant per pagos & vicos ; and i do believe as we have now , they had their parliaments , where new laws were made cum consensu praelatorum , magnatum & totius communitatis , or as another writes , cum consilio praelatorum , nobilium & sapientium l●icorum ; i will add nothing out of glanvile , that wrote in the time of hen. . or bracton , that writ in the days of hen. . onely give me leave to cite that of fortescue the learned chancellor to hen. . who writing of this kingdom , says , regnum istud moribus nationum & regum temporibus , eisdem quibus nunc regitur legibus & consuetudinibus regebatur . but my good lords , as the poet said of fame , i may say of our common law , ingrediturque solo , caput inter nubila condit . wherefore the cloudy part being mine , i will make haste to open way for your lordships , to hear more certain arguments , and such as go on more sure grounds . be pleased then to know , that it is an undoubted and fundamental point of this so ancient common law of england , that the subject hath a true property in his goods and possessions , which doth preserve as sacred , that meum & tuum , that is the nurse of industry , and mother of courage , and without which there can be no justice , of which meum & tuum is the proper object . but the undoubted birthright of true subjects hath lately not a little been invaded and prejudiced by pressures , the more grievous , because they have been pursued by imprisonment , contrary to the franchises of this land ; and when according to the laws and statutes of this realm , redress hath been sought for in a legal way , by demanding habeas corpus from the judges , and a discharge by trial according to the law of the land , success hath failed : that now inforceth the commons in this present parliament assembled , to examine by acts of parliament , precedents and reasons , the truth of the english subjects liberty , which i shall leave to learned gentlemen to argue . next after sir dudly diggs , spake mr. ed littleton of the inner-temple , that their lordships have heard that the commons have taken into consideration the matter of personal liberty , and after long debate thereof , they have upon a full search , and clear understanding of all things pertinent to the question , unanimously declared , that no freeman ought to be committed or restrained in prison by the command of the king or privy councel , or any other , unless some cause of the commitment , detainer , or restraint be expressed , for which by law he ought to be committed , detained , or restrained : and they have sent me with other of their members , to represent unto your lordships the true grounds of their resolution , and have charged me particularly , leaving the reasons of law and precedents for others , to give your lordships satisfaction , that this liberty is established and confirmed by the whole state , the king , the lords spiritual and temporal , and commons , by several acts of parliament , the authority whereof is so great , that it can receive no answer , save by interpretation or repeal by future statutes . and these i shall minde your lordships of , are so direct in the point , that they can bear no other exposition at all , and sure i am they are still in force ; the first of them is the grand charter of the liberties of england , first granted in the th . year of king iohn , and renewed in the t● . year of hen. . and since confirmed in parliament above . times , the words there are chap. . nullus liber homo capiatur , vel imprisonetur , aut disseisietur de libero tenemento suo vel liberis consuetudinibus suis , aut utlagetur , aut exuletur , aut aliquo modo destruatar , nec super eum ibimus , nec eum mittemus , nisi per legale judicium parium suorum , vel per legem terrae . he then proceeded to open , and argued learnedly upon the several particulars in the last recited clause of magna charta ; and further shewed , that no invasion was made upon this personal liberty , till the time of king ed. . which was soon resented by the subject , for in the . ed. . chap. . it is enacted , that no man from henceforth shall be attached on any occasion , nor fore-judged of life or limb , nor his lands , tenements , goods , nor chattels seised into the kings hands , against the form of the great charter , and the law of the land : and edw. . chap. . it is more full , and doth expound the words of the grand charter , which is thus ; whereas it is contained in the grand charter of the franchises of england , that none shall be imprisoned nor put out of his freehold , nor free custom , unless it be by the law of the land , it is awarded , assented and established , that from henceforth none shall be taken by petition or suggestion made to our lord the king , or to his councel , unless it be by indictment or presentment of his good and lawful people of the the same neighborhood , which such deed shall be done in due maner , or by process made by w●it original at the common law ; nor that none be outed of his franchises , nor office , freehold , unless it be duly brought in answer , and fore-judged of the same , by the course of the law , and that if any thing be done against the same , it shall be redressed and holden for none : and ed. . chap. . it is more direct , this liberty being followed with fresh suit by the subject , where the words are not many , but very full and significant , that no man of what state and condition he be , shall be put out of his lands nor tenements , nor taken , nor imprisoned , nor disinherited , nor put to death , without it be brought in answer by due process of the law. several other statutes were cited by him , in confirmation of this point of the liberty of the subject . the kings councel afterward made objections to the said argument , yet acknowledged that the seven statutes urged by the house of commons , are in force ; yet said that some of them are in general words , and therefore conclude nothing , but are to be expounded by precedents , and some of them are applied to the suggestion of subjects , and not to the kings command simply of its self ; and that per legem terrae in magna charta , cannot be understood for process of law and original writs ; for that in criminal proceedings no original writ is usual at all , but every constable either for felony or breach of the peace , or to prevent the breach of the peace , may commit without process or original writ ; it were very hard the king should not have the power of a constable . they also argued , that the king was not bound to express the cause of imprisonment , because there may be in it matter of state , not fit to be revealed for a time , lest the confederates thereupon make means to escape the hands of justice . besides , that which the commons do say , that the party ought to be delivered or bailed , is a contradiction in its self ; for bayling doth signifie a kinde of imprisonment still , delivery , is a total freeing : and besides , bayling is a grace or favor of a court of justice , and they may refuse to do it . to this it was replyed , that the statutes were direct in point , and though some of them speak of suggestions of the subjects , yet they are in equal reason a commitment by command of the king , as when the king taketh notice of a thing himself : and for the words per legem terrae , original writs onely are not intended , but all other legal process , which comprehendeth the whole proceedings of the law upon cause other then trial by jury , and the course of the law is rendred by due process of the law , and no man ought to be imprisoned by special command without indictment , or other due process to be made by the law. and whereas it is said there might be danger in revealing the cause , that may be avoided by declaring a general cause , as for treason , suspicion of treason , misprision of treason , felony , without expressing the particulars which can give no greater light to a confederate , then will be conceived upon the very apprehension upon the imprisonment , if nothing at all were expressed . and as for the bayling of the party committed , it hath ever been the discretion of the judges , to give so much respect to a commitment , by the command of the king or the privy councel , which are ever intended to be done in just and weighty cases , that they will not presently set them free , but bail them to answer what shall be objected against them on the kings behalf ; but if any other inferior officer do commit a man without shewing cause , they do instantly deliver him , as having no cause to expect their leasure ; so that delivery is applyed to the imprisoned , by command of some mean minister of justice : bailing , when it is done by command of the king or his councel ; and though bailing is a grace and favor of the court , in case of felony and other crimes , for that there is another way to discharge them in convenient time by their trial ; but where no cause of imprisonment is returned , but the command of the king , there is no way to deliver such persons by trial or otherwise , but that of the habeas corpus , and if they should be then remanded , they might be perpetually imprisoned without any remedy at all , and consequently a man that had committed no offence might be in a worse case then a greater offender , for the latter should have an ordinary trial to discharge him , the other should never be delivered . master selden of the inner-temple argued next , first making this introduction . your lordships have heard from the gentleman that last spake , a great part of the grounds upon which the house of commons upon mature deliberation proceeded , to that clear resolution touching the right of liberty of their persons : the many acts of parliament , which are the written laws of the land , and are expresly in the point , have bin read and opened , and such objections as have been by some made unto them , and objections also made out of another act of parliament , have been cleared and answered : it may seem now perhaps ( my lords ) that little remains needful to be further added , for the enforcement and maintenance of so fundamental and established a right and liberty , belonging to every freeman of the kingdom . the house of commons taking into consideration , that in this question being of so high a nature , that never any exceeded it in any court of justice whatsoever , all the several ways of just examination of the truth should be used , have also most carefully informed themselves of all former judgements or precedents concerning this great point , either way ; and have been no less careful of the due preservation of his majesties just prerogative , then of their own rights . the precedents here are of two kinds , either meerly matter of record , or else the former resolutions of the judges , after solemn debate in the point . this point that concerns precedents , the house of commons have commanded me to present to your lordships , which i shall as briefly as i may , so i do it faithfully and perspicuously : to that end , my lords , before i come to the particulars of any of those precedents , i shall first remember to your lordships that which will seem as a general key for the opening and true apprehension of all them of record , without which key no man , unless he be verst in the entries and course of the kings bench , can possibly understand . in all cases , my lords , where any right or liberty belongs to the subjects by any positive law , written or unwritten , if there were not also a remedy by law for enjoying or regaining of this right or liberty , when it is violated or taken from him ; the positive law were most vain , and to no purpose ; and it were to no purpose for any man to have any right in any land or other inheritance , if there were not a known remedy , that is , an action or writ , by which in some court of ordinary justice he might recover it . and in this case of right of liberty of person , if there were not a remedy in the law for regaining it when it is restrained , it were of no purpose to speak of laws that ordain it should not be restrained . the writ of habeas corpus , or corpus cum causa , is the highest remedy in law for any man that is imprisoned , and the onely remedy for him that is imprisoned by the special command of the king , or the lords of the p●ivy councel , without shewing cause of the commitment ; and if any m●n be so imprisoned by any such command , or otherwise whatsoever though england , and desire by himself , or any other in his behalf , this writ of hab. corp. for the purpose in the court of kings bench , that writ is to be granted to him , and ought not to be denied , and is directe● to the keeper of the prison , in whose custody the prisoner remains , commanding him that after a certain day he bring in the body of the prisoner cum causa detentionis , and sometimes cum causa captionis ; and he with his return filed to the writ , bringeth the prisoner to the bar at the time appointed , and the court judgeth of the sufficiency or insufficiency of the retu●n ; and if they finde him baylable , committitur marescallo , the proper prison belongeth to the court , and then afterward traditur in ball . but if upon the return of the habeas corpus it appear to the court that the prisoner ought not to be bayled , nor discharged from the prison whence he is brought , then he is remanded and sent back again , to continue till by due course of law he may be delivered ; and the ent●y of this is , remittitur quousque secundum legem deliberatus fuerit , or remittitur quousque , &c. which is all one , and the highest award of judgement that ever was or can be given upon a habeas corpus . your lordships have heard the resolution of the house of commons , touching the enlargement of a man committed by the command of the king , or the privy councel , or any other , without cause shewed of such commitment ; which resolution , as it is grounded upon acts of parliament already shewen , ( the reason of the law of the land being committed to the charge of another to open unto unto you ) so it is strengthened by many precedents of records . he then produced twelve precedents full and directly in the point , to prove that persons so committed ought to be delivered upon bayl , which were distinctly opened and read to their lordships ; then he also offered to their consideration other kind of precedents , which were solemn resolutions of judges , things not of record , but yet remain in authentick copies , which precedents and authorities we omit for the length thereof . he then proceeded , and said , the house of commons desiring with all care to inform themselves fully of the truth of the resolution of the judges in the . year of the queen , cited in the case of sir iohn heveningham , by the kings councel , as arguments against his not being bayled , have got into their hands a book of select cases , collected by the reverend and learned judge , chief justice anderson , all written with his own hand ; which he caused to be read , being the same which hath been already mentioned in the collections of this parliament ; which precedents , saith he , do fully resolve enough for the maintenance of the ancient and fundamental point of liberty of the person , to be regained by hab. corp. when any is imprisoned . then he concluded , that having thus gone through the charge committed to him by the house of commons , he should now , as he had leave and direction given him , lest their lordships should be put to much trouble and expence of time in finding and getting copies at large of those things which he had cited , offer also to their lordships authentick copies of them all , and so left them , and whatever else he had said , to their lordships further consideration . last of all sir edward cook took up the argument , as to the rational part of the law , and began with this introduction , your lordships have heard . acts of parliament in point , and . precedents summarily collected , and with great understanding delivered , which i have perused , and understand them all throughly ; . of the precedents are in terminis terminantibus , a whole jury of precedents , and all in the point ; i am much transported with joy , because of the hope of good success in this weighty business , your lordships being so full of justice , and the very theme and subject doth promise success , which was corpus cum cansa , the freedom of an english man , not to be imprisoned without cause shewn , which is my part to shew , and the reason and the cause why it should be so , wherein i will not be prolix nor copious , for to guild gold were idle and superfluous . and after he had cleared some doubts made of the statute of westminster , which saith , that the sheriffs and others in some cases may not replevin men in prison ; he proceeded further , and said , that all those arguments offered unto your lordships in this last conference , are of a double nature . . acts of parliament . . judicial precedents . for the first , i hold it a proper argument for your lordships , because you my lords temporal , and you my lords spiritual gave your assent unto those acts of parliament , and therefore if these cannot perswade you , nothing can . for the second , which are judicial precedents , it is argumentum ab authoritate , and argumentum ab authoritate valet affimative ; that is , i conceive , though it be no good argument to say negatively the judges have given no opinion in the point . . it is good law ; which i fortifie with a strong axiome , neminem oportet sapientiorem esse legibus . now these two arguments being so well pressed to your lordships by my colleagues ; i think your lordships may wonder what my part may be ; it is short , but sweet ; it is the reason of all those laws and precedents , and reason must needs be welcome to all men ; for all men are not capable of the understanding of the law , but every man is capable of reason ; and those reasons i offer to your lordships , in affirmance of the antient laws and precedents made for the liberty of the subject against imprisonment without cause expressed . . a re ipsa . . a minore ad majus . . from the remedies provided . . from the extent and universality of the same . . from the infiniteness of the time . . a fine . the first general reason is a re ipsa , even from the nature of imprisonment , ex visceribus causae , for i will speak nothing but ad idem , be it close or other imprisonment ; and this argument is three-fold , because an imprisoned man upon will and pleasure is . a bond-man . . worse then a bond-man . . not so much as a man , for mortuus homo non est homo , a prisoner is a dead man. . no man can be imprisoned upon will and pleasure of any but he that is a bond-man and villain , for that imprisonment and bondage are propria quarto modo to villains ; now propria quarto modo , and the species are convertible , whosoever is a bond-man may be imprisoned upon will and pleasure , and whosoever may be imprisoned upon will and pleasure is a bondman . . if free men of england might be imprisoned at the will and pleasure of the king or his commandment , then were they in worse case then bondmen or villains ; for the lord of a villain cannot command another to imprison his villain without cause , as of disobedience , or refusing to serve , as it is agreed in the year books . and here he said that no man should reprehend any thing that he said out of books or records ; he said he would prove a free man imprisonable upon command or pleasure , without cause expressed , to be absolutely in worse case then a villain ; and if he did not make this plain , he desired their lordships not to believe him in any thing else , and then produced two book cases . edw. . fol. . in the new print , . old print . a prior had commanded one to imprison his villain , the judges were ready to bayl him , till the prior gave his reason , that he refused to be bayliff of his manour , and that satisfied the judges . d . case . edw. . title tresp . . in faux imprisonment , it was of an abbot , who commanded one to take and detain his villain , but demanded his cause , he gives it , because he refused , being thereunto required , to drive his cattel . ergo free men imprisoned without cause shewn , are in worse case then villains , that must have a cause shewn them why they are imprisoned . . a free man impisoned without cause , is so far from being a bondman , that he is not so much as a man , but is indeed a dead man , and so no man ; imprisonment is in law a civil death ; perdit domum , familiam , vicinos , patriam , and is to live amongst wretched and wicked men , malefactors and the like . and that death and imprisonment was the same , he proved by an argument ab effectis , because they both produce the like immediate effects ; he quoted a book for this : if a man be threatned to be killed , he may avoid seoffment of lands , gifts of goods , &c. so it is if he be threatned to be imprisoned , the one is an actual , the other is a civil death . and this is the first general argument drawn a re ipsa , from the nature of imprisonment , to which res ipsa consilium dedit . the second general reason he took also from his books , for he said he hath no law but what by great pains and industry he learnt at his book , for at ten years of age he had no more law then other men of like age ; and this second reason is a minore ad majus , he takes it from bracton , minima poena corporalis , est major qualibet pecuniaria . but the king himself cannot impose a fine upon any man , but it must be done judicially by his judges , per justitiarios in curia , non per regem in camera , and so it hath been resolved by all the judges of england ; he quoted . r. . fo . . the third general reason is taken from the number and diversity of remedies which the laws give against imprisonment . viz. breve de homine replegiando . de odio & atia . de habeas corpus . an appeal of imprisonment . breve de manucaptione . the latter two of these are antiquated , but the writ de odio & atia is revived , for that was given by the statute of magna charta , cha. . and therefore though it were repealed by statute of . e. . by which it is provided that all statutes made against magna charta are void ; now the law would never have given so many remedies , if the free men of england might have been imprisoned at free will and pleasure . the fourth general reason is from the extent and universality of the pretended power to imprison , for it should extend not onely to the commons of this realm and their posterities , but to the nobles of the land and their progenies , to the bishops and clergy of the realm , and their successors . and he gave a cause why the commons came to their lordships , commune periculum commune requirit auxilium . nay , it reacheth to all persons of what condition , or sex , or age soever ; to all judges and officers , whose attendance is necessary , &c. without exception , and therefore an imprisonment of such an extent , without reason , is against reason . the fifth general reason is drawn from the indefiniteness of time , the pretended power being limited to no time , it may be perpetual during life , and this is very hard ; to cast an old man into prison , nay , to close prison , and no time allotted for his coming forth , is a hard case , as any man would think that had been so used . and here he held it an unreasonable thing , that a man had a remedy for his horse or cattle if detained , and none for his body thus indefinitely imprisoned ; for a prison without any prefixed time , is a kinde of hell. the sixth and last argument is a fine ; and sapiens incipit a fine , and he wisht he had begun there also ; and this argument he made three-fold : ab honesto . this being less honourable . ab utili . this being less profitable . a tuto . this imprisonment by will and pleasure being very dangerous for king and kingdom . . ab honesto . it would be no honour to a king or kingdom , to be a king of bond-men or slaves , the end of this would be both dedecus & damnum , both to king and kingdom , that in former times hath been so renowned . ab utili . it would be against the profit of the king and kingdom , for the execution of those laws before remembred , magna charta , . ed. . . ed. . . ed. . whereby the king was inhibited to imprison upon pleasure ; you see ( quoth he ) that this was vetus querela , an old question , and now brought in again , after seven acts of parliament ; i say the execution of all these laws are adjudged in parliament to be for the common profit of the king and people ; and he quoted the roll , this pretended power being against the profit of the king , can be no part of his prerogative . he was pleased to call this a binding reason , and to say that the wit of man could not answer it ; that great men kept this roll from being printed , but that it was equivalent in force to the printed rolls . . a reason a tuto . it is dangerous to the king for two respects ; first , of loss , secondly , of destroying of the endeavors of men : first , if he be committed without the expression of the cause , though he escape , albeit in truth it were for treason or felony , yet this escape is neither felony nor treason , but if the cause be expressed for suspicion of treason or felony , then the escape , though he be innocent , is treason or felony . he quoted a cause in print like a reason of the law , not like remittitur at the rising of the court , for the prisoner traditur in ballium quod breve regis non fuit susficiens causa , the kings command . he quoted another famous case , commons in parliament incensed against the duke of suffolk desire he should be committed : the lords and all the judges , whereof those great worthies , prescot and fortescue , were two , delivered a flat opinion , that he ought not to be committed without an especial cause . he questioned also the name and etymologie of the writ in question , corpus cum causa ; ergo , the cause must be brought before the judge , else how can he take notice hereof ? lastly , he pressed a place in the gospel , acts . last verse , which festus conceives is an absurd and unreasonable thing , to send a prisoner to a roman emperor , and not to write along with him the cause alledged against him ; send therefore no man a prisoner without his causes along with him , hoc fac & vives , and that was the first reason a tuto , that it was not safe for the king in regard of loss , to commit men without a cause . the second reason is , that such commitments will destroy the endeavors of all men ; who will endeavor to imploy himself in any profession , either of war , merchandise , or of any liberal knowledge , if he be but tenant at will of his liberty ? for no tenant at will will support or improve any thing , because he hath no certain estate ; ergo , to make men tenants at will of their liberties , destroys all industry and endeavors whatsoever . and so much for these six principal reasons : a re ipsa . a minore ad majus . a remediis . from the extent and universality . from the infiniteness of the time . a fine . loss of honor. loss of profit . loss of security . loss of industry . these were his reasons . here he made another protestation , that if remedy had been given in this case , they would not have medled therewith by no means ; but now that remedy being not obtained in the kings bench , without looking back upon any thing that hath been done or omitted , they desire some provision for the future onely . and here he took occasion to adde four book cases and authorities , all in the point , saying , that if the learned councel on the other side , could produce but one against the liberties , so pat and pertinent , oh ! how they would hug and cull it . . h. . tit . monstrance de faits . by the whole court , the king in his presence cannot command a man to be arrested , but an action of false imprisonment lieth against him that arresteth ; if not the king in his royal presence , then none others can do it , non sic itur ad astra . . hen. . . hussey reports the opinion of markham , chief justice to edw. . that he could not imprison by word of mouth ; and the reason , because the party hath no remedy ; for the law leaves every man a remedy of causless imprisonment : he added that markham was a worthy judge , though he fell into adversities at last by the lord rivers his means . fortescue , chap. . proprio ore nullus regum usus est , to imprison any man , &c. . eliz. times blessed and renowned for justice and religion , in pl. . the common law hath so admeasured the kings prerogative , as he cannot prejudice any man in his inheritance , and the greatest inheritance a man hath , is the liberty of his person , for all others are accessary to it ; for thus he quoted the orator : major haereditas venit unicuique nostrum a jure & legibus quam a parentibus . and these are the four authorities he cited in this point : now he propounded and answered two objections ; first , in point of state ; secondly , in the course held by the house of commons . may not the privy councel commit without cause shewed in no matter of state where secrecie is required ? would not this be an hinderance to his majesties service ? it can be no prejudice to the king by reason of matter of state , for the cause must be of a higher or lower nature ; if it be for suspicion of treason , misprision of treason or felony , it may be by general words couched ; if it be for any other thing of smaller nature , as contempt and the like , the particular cause must be shewed , and no individuum vagum , or uncertain cause to be admitted . again , if the law be so clear as you make it , why needs the declaration and remonstrance in parliament ? the subject hath in this case sued for remedy in the kings bench by habeas corpus , and found none ; therefore it is necessary to be cleared in parliament . and here ends his discourse : and then he made a recapitulation of all that had been offered unto their lordships , that generally their lordships had been advised by the most faithful counsellors that can be ; dead men these cannot be daunted by fear , nor muzled by affection , reward or hope of preferment , and therefore their lordships might safely believe them ; particularly their lordships had three several kinds of proofs . . acts of parliament , judicial precedents , good reasons . first , you have had many ancient acts of parliament in the point , besides magna charta , that is , seven acts of parliament , which indeed are thirty seven , magna charta being confirmed thirty times , for so often have the kings of england given their royal assents thereunto . . judicial precedents of grave and reverend judges , in terminis terminantibus , that long since departed the world , and they were many in number . precedents being twelve , and the judges four of a bench , made four times twelve , and that is forty eight judges . . you have , as he tearmed them , vividas rationes , manifest and apparent reasons : towards the conclusion he declared to their lordships , that they of the house of commons have upon great study and serious consideration , made a great manifestation unanimously , nullo contradicente , concerning this great liberty of the subject , and have vindicated and recovered the body of this fundamental liberty , both of their lordships and themselves , from shadows which sometimes of the day are long sometimes short , and sometimes long again ; and therefore we must not be guided by shadows : and they have transmitted to their lordships , not capita rerum , heads or briefs , for these compendia are dispendia ; but the records at large , in terminis terminantibus : and so he concluded , that their lordships are involved in the same danger , and therefore ex congruo & condigno they desired a conference , to the end their lordships might make the like declaration as they had done ; commune periculum commune requirit auxilium ; and thereupon take such further course , as may secure their lordships and them , and all their posterity , in enjoying of their ancient undoubted and fundamental liberties . the two next days were spent in the debate about billeting of soldiers upon the subject against law. thursday the . of april , mr. secretary cook delivered this message from the king , that his majesty desireth this house not to make any recess these easter holidays , that the world may take notice how earnest his majesty and we are for the publique affairs in christendom , the which by such a recess would receive interruption . this message for non-recess , was not well pleasing to the house . sir robert phillips first resented it , and took notice , that in . and . iac. upon the like intimation , the house resolved it was in their power to adjourn , or sit : hereafter , said he , this may be put upon us by princes of less piety ; let a committee consider hereof , and of our right herein , and to make a declaration . and accordingly this matter touching his majesties pleasure about the recess was referred to a committee , and to consider the power of the house to adjourn it self ; to the end , that it being now yielded unto in obedience to his majesty , it might not turn to prejudice in time to come . sir edward cook spoke to the same purpose , and said , i am as tender of the priviledges of this house , as of my life , and they are the heart-strings of the commonwealth . the king makes a prorogation , but this house adjourns it self . the commission of adjournment we never read , but say , this house adjourns it self . if the king write to an abbot for a corody , for a vallet , if it be ex rogatu , though the abbot yield to it , it binds not : therefore i desire that it be entred , that this is done ex rogatu regis . hereupon a message was sent to the king , that the house would give all expedition to his majesties service , notwithstanding their purpose of recess . to which message his majesty returned this answer , that the motion proceeded from himself , in regard of his engagement in the affairs of christendom , wished them all alacrity in their proceedings , and that there be no recess at all . friday the . of april , secretary cook moved the expediting of subsisides , and turning of the votes into an act : we have many petitions to the king , said he , and they are petitions of right , we have freely and bountifully given five subsidies , but no time is appointed , and subsidie without time , is no subsidie : let us appoint a time . sir dudley diggs quickned his motion and spoke roundly : we have ( said he ) freely concluded our liberties , we have offered five subsidies , his majesty hath given us gracious answers , we have had good by our beginnings , what have we hitherto done for the king ? nothing is done that the king can take notice of ; the world thinks that this parliament hath not expressed that resolution that it did at the first , how much doth it concern the king that the world be satisfied with his honor ? our success and honor is the kings , princes want not those that may ingratiate themselves with them , by doing ill offices . there is a stop , and never did a parliament propound any thing but it hath been perfected sooner then this is : may not the king say , what have i done ? they grow cold , have i not told them , i will proceed with as much grace as ever king did ? he will settle our proprieties and goods , have we not had a gracious answer ? are we hand in hand for his supply , shall it be said that this day it was moved , but denied ? it may put our whole business back , wherein can this disadvantage us ? this binds us not , i dare say confidently we shall have as much as ever any subjects had from their king. sir thomas wentworth proposed a middle way , viz. that when we set down the time , we be sure the subjects liberties go hand in hand together ; then to resolve of the time , but not report it to the house , till we have a ground and a bill for our liberties : this is the way to come off fairly , and prevent jealousies . hereupon the committee of the whole house resolved , that grievances and supply go hand in hand . saturday . of april , mr. secretary cook delivered another message from the king ( viz. ) his majesty having given timely notice to this house , as well of the pressure of the time , as of the necessity of supply , hath long since expected some fruit of that which was so happily begun ; but finding a stop beyond all expectation , after so good beginning , he hath commanded me to tell you , that without any further or unnecessary delay he would have you to proceed in this business ; for however he hath been willing and consenting his affairs and ours should concur and proceed together , yet his meaning was not that the one should give interruption to the other , nor the time to be spun out upon any pretence , upon which the common cause of christendom doth so much depend : he bids us therefore take heed that we force not him to make an unpleasing end of that which was so well begun . i will discharge my duty , i shall humbly desire this honorable house not to undervalue or overstrain this message ; if we conceive any thing in it to tend as if his majesty threatned to dissolve this parliament , we are deceived ; his majesty intends the contrary , and to put us in such a way that our business may have speedy success . his majesty takes notice of a peremptory order whereby he conceived that his business was excluded , at least for a time , that which doth most press his majesty is time , believe that the affairs now in hand press his majesties heart more then us , let us remove delaies that are more then necessary , let us awaken our selves , he intends a speedy dispatch . i must with some grief tell you ; that notice is taken , as if this house pressed not upon the abuses of power onely , but upon power it self ; this toucheth the king and us , who are supported by that power : let the king hear of any abuses of power , he will willingly hear us , and let us not bend our selves against the extention of his royal power , but contain our selves within those bounds , that we meddle onely with pressures and abuses of power , and we shall have the best satisfaction that ever king gave . i beseech you all concur this way , and use that moderation we have had the honor yet to gain . being moved to explain what he meant by the word ( power ) which ( he said ) we did oppose , he answered , i cannot descend to particulars , or go from that his majesty gave me warrant or power to deliver . this message was very unpleasing to the house , and many debates succeeded thereupon . and sir robert phillips said , he hoped their moderation would have given a right understanding to his majesty of their loyalty . others proposed to finde out a way by gods providence to make this message happy to king and people , it concerning the kings honour abroad , and our safety at home , that this parliament be happy , let us prevent ( say they ) these mischiefs , which by frequent messages thus obstruct us ; let those gentlemen neer the chair see that we have endeavored to apply our selves to his majesties service , notwithstanding this message . in . iac. a message of this nature produced no good ; nothing so endangers us with his majesty , as that opinion that we are antimonarchically affected , whereas such is and ever hath been our loyalty , if we were to choose a government , we would choose this monarchy of england above all governments in the world . about two days after mr. secretary cook again did quicken the business of supply , alledging that all negotiations of ambassadors are at a stop while the house sits , and that this stop is as a frost upon the earth , that hinders the sweet vapors between his majesty and his subjects , and that as matters stand , the soldiers can neither be disbanded nor put in service . this motion comes unexpectedly , but it is fit to receive some satisfaction , the proceeding now with our grievances shall open the stop that hinders his majesties affairs . sir humphrey may added , that sweetness , trust and confidence are the onely weapons for us to deal with our king ; and that coldness , inforcement and constraint will never work our ends : if we compass all we desire , and have not his majesties heart , what will a law or any thing else do us good ? hereupon it was ordered that a special committee of eight persons shall presently withdraw themselves , and consult together upon some heads , and upon the substance of a fair representation to his majesty , which the speaker shall deliver in his speech to his majesty on monday next , ( if the king please to give access ) and at the same time to deliver the petition against billeting of soldiers . master speakers speech to the king on easter monday . most gracious and dread soveraign , your dutiful and loyal commons here assembled , were lately humble suitors to your majesty for access to your royal presence ; the occasion that moved their desires herein was a particular of importance , worthy your princely consideration , which , as it well deserves , should have been the onely subject of my speech at this time . but since your gracious answer for this access obtained by a message from your majesty , they have had some cause to doubt that your majesty is not so well satisfied with the manner of their proceedings , as their hearty desire is you should be , especially in that part which concerns your majesties present supply , as if in the prosecution thereof they had of late used some slackness or delay . and because no unhappiness of theirs can parallel with that which may proceed from a misunderstanding in your majesty of their clear and loyal intentions , they have commanded me to attend your majesty with an humble and summary declaration of their proceedings since this short time of their sitting , which they hope will give your majesty abundant satisfaction , that never people did more truly desire to be indeared in the favour and gracious opinion of their soveraign ; and withal to let you see , that as you can have no where more faithful counsel , so your great designs and occasions can no way be so speedily or heartily supported , as in this old and antient way of parliament . for this purpose they humbly beseech your majesty to take into your royal consideration , that although by antient right of parliament the matters there debated are to be disposed in their true method and order , and that their constant custome hath been to take into their considerations the common grievances of the kingdom , before they enter upon the matter of supply ; yet to make a full expression of that zeal and affection which they bear to your royal majesty , equalling at least , if not exceeding the best affections of their predecessors , to the best of your progenitors ; they have in this assembly , contrary to the ordinary proceedings of parliament , given your majesties supply precedence before the common grievance of the subject , how pressing soever , joyning with it onely those fundamental and vital liberties of the kingdom , which give subsistence and ability to your subjects . this was their original order and resolution , and was grounded upon a true discerning that these two considerations could not be severed , but did both of them intirely concern your majesties service , consisting no less in enabling and encouraging the subject , then in proportioning a present suiting to your majesties occasions and their abilities ; nay , so far have they been from using any unnecessary delays , as though of the two that of supply were the latter proposition amongst them , the grand committee to which both were referred hath made that of your majesties supply first ready for conclusion . and to be sure your majesties supply might receive no interruption by the other , differing from usage and custome ( in cases of this nature ) sent up of those that concern the subjects by parcels , some to your majesty , and some to the lords , to the end your majesty might receive such speedy content , as suted with the largest and best extent of their first order . sir , you are the breath of our nostrils , and the light of our eyes , and besides those many comforts , which under you and your royal progenitors , in this frame of government , this nation hath enjoyed , the religion we profess hath taught us whose image you are ; and we do all most humbly beseech your majesty to believe , that nothing is or can be more dear unto us then the sacred rights and prerogatives of your crown ; no person or councel can be greater lovers of you , nor be more truly careful to maintain them , and the preserving of those fundamental liberties which concern the freedom of our persons , and propriety of goods and estates , is an essential means to establish the true glory of a monarchy . for rich and free subjects as they are best governed , so they are most able to do your majesty service , either in peace or war , which next under god hath been the cause of the happy and famous victories of this nation , beyond other kingdoms of larger territories and greater number of people . what information soever contrary to this shall be brought unto your majesty , can come from no other then such as for their own ends under colour of advancing the prerogative , do indeed undermine and weaken royal power by impoverishing the subjects , render this monarchy less glorious , and the people less able to serve your majesty . having ( by this that hath been said ) cleared our hearts and proceedings to your majesty , our trust is , that in your royal judgement we shall be free from the least opinion of giving any necessary stop to our proceedings in the matter of your supply , and that your majesty will be pleased to entertain belief of our alacrity and chearfulness in your service , and that hereafter no such misfortune shall befal us to be misunderstood by your majesty in any thing . we all most humbly beseech your majesty to receive no information in this or any other business from private relations , but to weigh and judge of our proceedings by those resolutions of the house that shall be represented from our selves . this rightly and graciously understood , we are confident from the knowledge of your goodness and our own hearts , that the ending of this parliament shall be much more happy then the beginning , and be to all ages styled the blessed parliament , for making perfect union between the best king and the best people , that your majesty may ever delight in calling us together , and we in the comforts of your gracious favour towards us . in this hope i return to my first errand , which will best appear by that which i shall humbly desire you to hear , and being an humble petition for the house of commons for redressing of those many inconveniences and distractions that have befallen your subjects by the billeting of soldiers in private mens houses against their wills . your royal progenitors have ever held your subjects hearts the best garrison of this kingdom , and our humble suit to your majesty is , that our faith and loyalty may have such place in your royal thoughts , as to rest assured that all your subjects will be ready to lay down their lives for the defence of your sacred person and this kingdom . not going our selves into our countries this easter , we should think it a great happiness to us , as we know it would be a singular comfort and encouragement to them that sent us hither , if we might but send them the news of a gratious answer from your majesty in this particular , which the reasons of the petition we hope will move your most excellent majesty gratiously to vouchsafe us . the petition concerning the billeting of soldiers presented to the kings most excellent majesty . in all humility complaining , sheweth unto your most excellent majesty your loyal and dutiful commons now in parliament assembled , that whereas by the fundamental laws of this realm every freeman hath , and of right ought to have , a full and absolute propriety in his goods and estate , and that therefore the billeting and placing the soldiers in the house of any such freeman against his will , is directly contrary to the said laws under which we and our ancestors have been so long and happily governed ; yet in apparent violation of the said antient and undoubted right of all your majesties loyal subjects of this your kingdom in general , and to the grievous and insupportable vexation and detriment of many counties and persons in particular , a new and almost unheard of way hath been invented and put in practice , to lay soldiers upon them , scattered in companies here and there , even in the heart and bowels of this kingdom , and to compel many of your majesties subjects to receive and lodge them in their own houses , and both themselves and others to contribute toward the maintenance of them , to the exceeding great disservice of your majesty , the general terror of all , and utter undoing of many of your people , insomuch as we cannot sufficiently recount , nor in any way proportionable to the lively sense that we have of our miseries herein , are we able to represent unto your majesty the innumerous mischiefs and most grievous vexations , that by this means alone we do now suffer , whereof we will not presume to trouble your sacred ears with particular instances , onely most gratious soveraign we beg leave to offer to your gratious view a compassionate consideration of a few of them in particular . . the service of almighty god is hereby greatly hindred , the people in many places not daring to repair to the church , lest in the mean time the soldiers should rifle their houses . . the antient and good government of the countrey is hereby neglected , and almost contemned . . your officers of iustice in performance of their duties have been resisted and endangered . . the rents and revenues of your gentry greatly and generally diminished ; farmers to secure themselves from the soldiers insolence , being by the clamor of solicitation of their fearful and injured wives and children , enforced to give up their wonted dwellings , and to retire themselves into places of more secure habitation . . husbandmen , that are as it were the hands of the countrey , corrupted by ill example of the soldiers , and encouraged to idle life , give over work , and rather seek to live idly at another mans charges , then by their own labors . . tradesmen and artificers almost discouraged , and being inforced to leave thier trades , and to imploy their time in preserving themselves and their families from cruelty . . markets unfrequented , and our ways grown so dangerous , that the people dare not pass to and fro upon their usual occasions . . frequent robberies , assaults , batteries , burglaries , rapes , rapines , murders , barbarous cruelties , and other most abominable vices and outrages are generally complained of from all parts where these companies have been and had their abode , few of which insolencies have been so much as questioned , and fewer according to their demerit punished . these and many other lamentable effects ( most dread and dear soveraign ) have by this billeting of soldiers already fallen upon us your loyal subjects , tending no less to the disservice of your majesty , then to their impoverishing and destruction , so that thereby they are exceedingly disabled to yield your majesty those supplies for your urgent occasions , which they heartily desire ; and yet they are further perplexed with apprehension of more approaching danger , one in regard of your subjects at home , the other of enemies from abroad , in both which respects it seems to threaten no small calamity to the meaner sort of your people , being exceeding poor , whereof in many places are great multitudes , and therefore in times of more setled and most constant administration of iustice , not easily ruled , are most apt upon this occasion to cast off the reins of government , and by joyning themselves with those disordered soldiers are very like to fall into mutiny and rebellion ; which in faithful discharge of our duties we cannot forbear most humbly to present to your high and excellent wisedom , being pressed with probable fears that some such mischief will shortly ensue , if an effectual and speedy course be not taken to remove out of the land , or otherwise to disband those unruly companies . for the second , we do most humbly beseech your majesty to take into your princely consideration , that many of those companies , besides their dissolute dispositions and carriages , are such as do openly profess themselves papists , and therefore to be suspected , that if occasion serve they will rather adhere to a forein enemy of that religion , then to your majesty their liege lord and soveraign , especially some of their captains and commanders , being as popishly affected as themselves , and having served in the wars on the part of the king of spain , and arch-dutchess against your majesties allies ; which , of what pernicious consequence it may prove , and how prejudicial to the safety of your kingdom , we leave to your majesties high and princely wisedom . and now upon these , and many more which might be alledged , most weighty and important reasons grounded on the maintenance of the worship and service of almighty god , the continuance and advancement of your majesties high honour and profit , the preservation of the antient and undoubted liberties of your people , and therein of iustice , industry , valour , which meerly concerns the glory and happiness of your majesty , and all your subjects , and the preventing of calamity and ruine both of church and commonwealth : we your majesties most humble and loyal subjects , the knights , citizens , and burgesses of your house of commons , in the name of all the commonalty of your kingdom , who are upon this occasion most miserably disconsolate and afflicted , prostrate at the throne of your grace and iustice do most ardently beg a present remove of this insupportable burden , and that your majesty would be graciously pleased to secure us from the like pressure in the time to come . to the speakers speech and this petition his majesty made this reply , mr. speaker and gentlemen , when i sent you my last message , i did not expect a reply , for i intended it to hasten you , i told you at your first meeting this time was not to be spent in words , and i am sure it is less fit for disputes , which if i had a desire to entertain , mr. speakers preamble might have given me ground enough : the question is not now , what liberty you have in disposing of matters handled in your house , but rather at this time what is fit to be done . wherefore i hope you will follow my example , in eschewing disputations , and fall to your important business . you make a protestation of your affection and zeal to my prerogative , grounded upon such good and just reasons , that i must believe you : but i look that you use me with the like charity , to believe what i have declared more then once since your meeting with us , that i am as forward as you for the preservation of your true liberties . let us not spend so much time in this that may hazard both my prerogative and your liberties to our enemies . to be short , go on speedily with your businesses without any more apologies , for time calls fast on you , which will neither stay for you nor me : wherefore it is my duty to hasten , as knowing the necessity of it , and yours , to give credit to what i say , as to him that sits at the helm . for what concerns your petition , i shall make answer in a convenient time . from this time to the th . of the same moneth , the house in a grand committee spent most of their time in debate about martial law , and part thereof in giving the lords a meeting at two conferences , concerning some resolves , in order to a petition of right , transmitted by the commons to their lordships ; at which time sir robert heath and serjeant ashley the kings councel , were permitted to argue against the same ; and serjeant ashley in his discourse , said , the propositions made by the commons tended rather to an anarchy then a monarchy : . that if they be yielded unto , it is to put a sword into the kings hand with one hand , and to take it out with the other : . that they must allow the king to govern by acts of state , otherwise he is a king without a councel , or a councel without a power : . that the question is too high to be determined by law , where the conqueror or conquered will suffer irreparable loss . for which expressions the lords called the serjeant to an account , and committed him to custody , and afterwards he recanted what he said . friday of april , the lords had a conference with the commons , where the lord archbishop of canterbury spake as followeth . gentlemen of the house of commons , the service of the king and safety of the kingdom , do call on my lords to give all speedy expedition , to dispatch some of these great and weighty businesses before us . for the better effecting whereof , my lords have thought fit to let you know , that they do in general agree with you , and doubt not but you will agree with us , to the best of your powers to maintain and support the fundamental laws of the kingdom , and the fundamental liberties of the subject : for the particulars which may hereafter fall into debate , they have given me in charge to let you know , that what hath been presented by you unto their lordships , they have laid nothing of it by , they are not out of love with any thing that you have tendred unto them ; they have voted nothing , neither are they in love with any thing proceeding from themselves : for that which we shall say and propose , is out of an intendment to invite you to a mutual and free conference , that you with a confidence may come to us , and we with confidence may speak with you ; so that we may come to a conclusion of those things which we both unanimously desire . we have resolved of nothing , designed or determined of nothing , but desire to take you with us , praying help from you , as you have done from us . my lords have thought of some proposions , which they have ordered to be read here , and then left with you in writing , that if it seem good to you , we may uniformly concur for the substance ; and if you differ , that you would be pleased to put out , adde , alter , or diminish , as you shall think fit , that so we may come the better to the end , that we do both so desirously embrace . then the propositions following were read by the clerk of the upper house . that his majesty would be pleased graciously to declare , that the good old law called magna charta , and the six statutes conceived to be declarations and explanations of that law , do still stand in force to all intents and purposes . . that his majesty would be pleased graciously to declare , that according to magna charta , and the statutes afore named , as also according to the most ancient customs and laws of this land , every free subject of this realm , hath a fundamental propriety in his goods , and a fundamental liberty of his person . . that his majesty would be graciously pleased to declare , that it is his royal pleasure to ratifie and confirm unto all and every his loyal and faithful subjects , all their ancient , several , just liberties , priviledges and rights , in as ample and beneficial maner to all intents and purposes , as their ancestors did enjoy the same under the best of his most noble progenitors . . that his majesty would be further pleased graciously to declare , for the good content of his loyal subjects , and for the securing of them from future fear , that in all cases within the cognizances of the common law concerning the liberties of the subject , his majesty would proceed according to the common law of this land , and according to the laws established in the kingdom , and in no other maner or wise . . as touching his majesties royal prerogative , intrinsical to his soveraignty , and betrusted him withal from god , ad communem totius populi salutem , & non ad destructionem , that his majesty would resolve not to use or divert the same , to the prejudice of any his loyal people in the propriety of their goods , or liberty of their persons : and in case , for the security of his majesties royal person , the common safety of his people , or the peaceable government of this kingdom , his majesty shall finde just cause for reason of state to imprison or restrain any mans person , his majesty would graciously declare , that within a convenient time he shall , and will express the cause of the commitment or restraint , either general or special ; and upon a cause so expressed , will leave him immediately to be tryed according to the common justice of the kingdom . after the reading of the propositions , the archbishop said , this is but a model to be added unto , altered , or diminished , as in your reasons and wisdoms ye shall think fit , after ye have communicated the same to the rest of the members of the house . to this speech sir dudley diggs , it being at a free conference , made reply ; my lords , it hath pleased god many ways to bless the knights , citizens , and burgesses now assembled in parliament , with great comfort and strong hopes , that this will prove as happy a parliament as ever was in england . and in their consultations for the service of his majesty , and the safety of this kingdom , our special comforts and strong hopes have risen from the continued good respect , which your lordships so nobly from time to time have been pleased to shew unto them , particularly at this present in your so honorable profession to agree with them in general , and desiring to maintain and support the fundamental laws and liberties of england . the commons have commanded me in like sort to assure your lordships , they have been , are , and will be as ready to propugne the just prerogative of his majesty , of which in all their arguments , searches of records , and resolutions they have been most careful , according to that which formerly was , and now again is protested by them . another noble argument of your honorable disposition towards them is expressed in this , that you are pleased to expect no present answer from them , who are ( as your lordships in your great wisdoms , they doubt not , have considered ) a great body that must advise upon all new propositions , and resolve upon them before they can give answer , according to the ancient order of their house . but it is manifest in general ( god be thanked for it ) there is a great concurrence of affection to the same end in both houses , and such good harmony , that i intreat your lordships leave to borrow a comparison from nature , or natural philosophy : as two lutes well strung and tuned brought together , if one be played on , little straws and sticks will stir upon the other , though it lye still : so though we have no power to reply , yet these things said and propounded cannot but work in our hearts , and we will faithfully report these passages to our house , from whence in due time ( we hope ) your lordships shall receive a contentful answer . the commons were not satisfied with these propositions , which were conceived to choak the petition of right , then under consideration , but demurred upon them . monday april . the lord keeper spake to both houses of parliament by the kings command , who was then present . my lords , and ye the knights , citizens and burgesses of the house of commons , ye cannot but remember the great and important affairs concerning the safety both of the state and religion , declared at first from his majesties own mouth , to be the causes of the assembling of this parliament ; the sense whereof , as it doth daily increase with his majesty , so it ought to do , and his majesty doubts not but it doth so with you , since the danger increaseth every day , both by effluxion of time , and preparations of the enemy . yet his majesty doth well weigh , that this expence of time hath been occasioned by the debate which hath arisen in both houses touching the liberty of the subject ; in which , as his majesty takes in good part the purpose and intent of the houses , so clearly and frequently professed , that they would not diminish or blemish his just prerogative , so he presumes that ye will all confess it a point of extraordinary grace and justice in him to suffer it to rest so long in dispute without interruption ; but now his majesty considering the length of time which it hath taken , and fearing nothing so much as any future loss of that whereof every hour and minute is so pretious , and foreseeing that the ordinary way of debate , though never so carefully husbanded , in regard of the form of both houses , necessarily takes more time then the affairs of christendom can permit , his majesty out of his great princely care hath thought of this expedient to shorten the business , by declaring the clearness of his own heart and intention : and therefore hath commanded me to let you know , that he holdeth the statute of magna charta , and the other six statutes insisted upon for the subjects liberty , to be all in force , and assures you , that he will maintain all his subjects in the just freedom of their persons , and safety of their estates : and that he will govern according to the laws and statutes of this realm : and that ye shall finde as much security in his majesties royal word and promise , as in the strength of any law ye can make ; so that hereafter ye shall never have cause to complain . the conclusion is , that his majesty prayeth god , who hath hitherto blessed this kingdom , and put into his heart to come to you this day , to make the success thereof happy , both to king and people : and therefore he desires that no doubt or distrust may possess any man , but that ye will all proceed unanimously to the business . the commons being returned from the lords house , mr. secretary cook perswaded them to comply with the king. his majesty , said he , puts us in minde of the great important affairs of the state , and of his sense thereof , that by effluxion of time increaseth in him , and he doubts not but that it doth increase in us : ye see his majesties moderation in the interpretation of all our actions ; he saith that he hopes we have the same sense he hath , he is pleased to consider of the occasion of expence of time that grew from the debates in both houses . we see how indulgent he is , that however the affairs of christendom are great , yet he omits not this , nay he takes in good part our proceedings and our declarations that we will not impeach the prerogative : also his majesty presumes that we will confess that he hath used extraordinary grace , in that he hath indured dispute so long , he acknowledgeth it justice to stand as we have done . further , out of a princely care of the publique , he is careful no more time be lost ; and because he sees some extraordinary course to be taken to satisfie us , he observes that in the form of debate such length is required , as the nature of the business will not indure . it is to be presumed , that his government will be according to the law : we cannot but remember what his father said , he is no king but a tyrant , that governs not by law ; but this kingdom is to be governed by the common law , and his majesty assures us so much ; the interpretation is left to the judges , and to his great council , and all is to be regulated by the common law ; i mean not magna charta onely , for that magna charta was part of the common law , and the ancient law of this kingdom ; all our difference is in the application of this law , and how this law with difference is derived into every court. i conceive there are two rules , the one of brass , that is rigid and will not bend , and that is the law of the kings bench , this law will not bend ; and when it lights on subjects fitting , if it do not bend , it is unjust : and there comes in the law of the chancery and of equity ; this is application of law in private mens causes , when it comes to meum & tuum . and thus the general government of cases , with relation to the common state of the kingdom , is from the council board , and there they are to vary from the law of the kingdom : suppose it be in time of dearth , propriety of goods may in that time be forced , and be brought to the market : we saw the experience of it in coals in london , and the council board caused them to be brought forth and sold. in a time of pestilence men may be restrained : if a schism be like to grow in a church , the state will enquire after the favorers of it : if there be fea● of invasion , and it be encouraged by hope of a party amongst us , it is in the power of government to restrain men to their houses . in the composure of these things there is great difference : what differences have been between the courts of chancery and kings bench ? it is hard to put true difference between the kings prerogative and our liberties . his majesty saw expence of time would be prejudicial ; it pleased god to move his majesty by a divine hand to shew us a way to clear all our difficulties ; let us attend to all the parts of it , there be five degrees , and there is more assurance then we could have by any law whatsoever . his majesty declares , that magna charta and the other statutes are in force : this is not the first time that the liberty of the subject was infringed , or was in debate and confirmed ; all times thought it safe , that when they came to a negative of power , it was hard to keep government and liberty together ; but his majesty stopped not there , but according to the sense of these laws , that he will govern his subjects in their just liberties , he assures us our liberties are just , they are not of grace , but of right ; nay he assures us he will govern us according to the laws of the realm , and that we shall finde as much security in his majesties promise , as in any law we can make ; and whatsoever law we shall make , it must come to his majesties allowance ; and if his majesty finde cause in his government , he may not put life to it : we daily see all laws are broken , and all laws will be broke for the publique good , and the king may pardon all offenders ; his majesty did see that the best way to settle all at unity , is to express his own heart : the kings heart is the best guarder of his own promise , his promise is bound with his heart . what prince can express more care and wisdom ? lastly he saith , that hereafter ye shall never have the like cause to complain ; may we not think the breach is made up ? is not his majesty ingaged in his royal word ? the conclusion is full of weight : and he prayes god , that as god hath blessed this kingdom , and put it into his heart to come amongst us , so to make this day successful . the wrath of a king is like the roaring of a lyon , and all laws with his wrath are to no effect ; but the kings favour is like to the dew of the grass , there all will prosper ; and god made the instruments to unite all hearts . his majesty having thus discharged himself , he prayes us to proceed to the business that so much concerns him . as his majesty hath now shewed himself the best of kings , let us acknowledge his majesties goodness , and return to that union which we all desire . but this motion was not received with general acceptation ; and sir benjamin rudyard replyed to it in these words . we are now upon a great business , and the maner of handling it may be as great as the business it self . liberty is a precious thing , for every man may set his own price upon it , and he that doth not value it , deserves to be valued accordingly ; for mine own part , i am clear without scruple , that what we have resolved , is according to the law ; and if any judge in england were of a contrary opinion , i am sure we should have heard of him ere now ; out of all question , the very scope and drift of magna charta was to reduce the regal to a legal power in matter of imprisonment , or else it had not been worthy so much contending for . it is true , that the king ought to have a trust reposed in him , god forbid but he should , and i hope it is impossible to take it from him ; for it lies not in the wit of man , to devise such a law as shall comprehend all particulars , all accidents , but that extraordinary causes may happen , which when they come , if they be disposed of for the common good , there will be no law against them ; yet must the law be general , for otherwise admissions and exceptions will fret and eat out the law to nothing . god himself hath constituted a general law of nature , to govern the ordinary course of things , he hath made no law for miracles ; yet there is this observation of them , that they are rather praeter naturam , then contra naturam , and always propter bones fines : so the kings prerogatives are rather besides the law , then against it ; and when they are directly to their ends for the publique good , they are not onely concurring laws , but even laws in singularity and excellency . but to come nearer , let us consider where we are now , what steps we have gone , and gained ; the kings learned councel have acknowledged all the laws to be still in force , the judges have not allowed any judgement against these laws , the lords also have confessed , that the laws are in full strength ; they have further retained our resolutions intire , and without prejudice . all this hitherto is for our advantage ; but above all his majesty hath this day ( himself being publiquely present ) declared by the mouth of the lord keeper , before both the houses , that magna charta and the other six statutes , are still in force ; that he will maintain his subjects in the liberties of their persons , and proprieties of their goods ; that he will govern them according to the laws of the kingdom ; this is a solemn and binding satisfaction , expressing his gracious readiness to comply with his people in their reasonable and just desires . the king is a good man , and it is no diminution to a king , to be called so ; for whosoever is a good man shall be greater then a king , that is not so . the king certainly is very tender of his present honor , and of his fame hereafter : he will think it hard to have a worse mark set upon him , then upon any of his ancestors , by extraordinary restraints : his majesty hath already intimated unto us by a message , that he doth willingly give way to have the abuse of power reformed ; by which i do verily believe he doth very well understand , what a miserable power it is , which hath produced so much weakness to himself , and to the kingdom ; and it is one happiness , that he is so ready to redress it . for mine own part , i shall be very glad to see that old decrepite law magna charta , which hath been so long kept and lien bed-rid as it were . i shall be glad to see it walk abroad again with new vigor , and lustre , attended and followed with the other six statutes : questionless it will be a great heartning to all the people . i doubt not , but upon a debating conference with the lords , we may happily fall upon a fair , fit accommodation , concerning the liberty of our persons , and propriety of our goods . i hope we may have a bill , to agree in the point , against imprisonment for loans , or privy seals : as for intrinsecal power and reason of state , they are matters in the clouds , where i desire we may leave them , and not meddle with them at all , left by the way of admittance , we may lose somewhat of that which is our own already : yet this by the way i will say of reason of state , that in the latitude by which 't is used , it hath eaten out almost , not onely the laws , but all the religion of christendom . now i will onely remember you of one precept , and that of the wisest man , be not over wise , be not over just : and he gives his reason , for why wilt thou be desolate ? if justice and wisdom may be stretcht to desolation , let us thereby learn that moderation is the vertue of vertues , and wisdom of wisdoms . let it be our master-piece so to carry the business , that we may keep parliaments on foot : for as long as they be frequent , there will be no irregular power , which though it cannot be broken at once , yet in short time it will be made and mouldred away ; there can be no total or final loss of liberties , as long as they last ; what we cannot get at one time , we shall have at another . upon this debate it was ordered , that a committee of lawyers do draw a bill , containing the substance of magna charta , and the other statutes that do concern the liberty of the subject : which business took up two whole days . thursday , the first of may. master secretary cook delivers a message from his majesty , viz. to know whether the house will rest on his royal word , or no , declared to them by the lord keeper ; which if they do , he assures them it shall be royally performed . upon this there was a silence for a good space : then mr. secretary cook proceeded . this silence invites me to a further speech , and further to address my self : now we see we must grow towards an issue ; for my part , how confident i have been of the good issue of this parliament , i have certified in this place , and elsewhere , and i am still confident therein ; i know his majesty is resolved to do as much as ever king did for his subjects . all this debate hath grown out of the sense of our sufferings , and a desire of making up again those breaches that have been made . since this parliament begun , hath there been any dispence made of that which hath formerly been done ? when means were denied his majesty being a yong king , and newly come to his crown , which he found ingaged in a war , what could we expect in such necessities ? his majesty called this parliament to make up the breach : his majesty assures us we shall not have the like cause to complain : he assures the laws shall be established ; what can we desire more ? all is , that we provide for posterity , and that we do prevent the like suffering for the future : were not the same means provided by them before us ? can we do more ? we are come to the liberty of the subjects , and the prerogative of the king , i hope we shall not adde any thing to our selves , to depress him . i will not divine , i think we shall finde difficulty with the king , or with the lords , i shall not deliver my opinion as counsellor to his majesty , which i will not justifie and say here , or at the councel board . will we in this necessity strive to bring our selves into a better condition and greater liberty , then our fathers had , and the crown into a worse then ever ? i dare not advise his majesty to admit of that : if this that we now desire be no innovation , it is all contained in those acts and statutes , and whatsoever else we would adde more , is a diminution to the kings power , and an addition to our own . we deal with a wise and prudent prince , that hath a sword in his hand for our good , and this good is supported by power . do not think , that by cases of law and debate we can make that not to be law , which in experience we every day finde necessary : make what law you will , if i do discharge the place i bear , i must commit men , and must not discover the cause to any jaylor or judge ; if i by this power commit one without just cause , the burthen falls heavy on me , by his majesties displeasure , and he will remove me from my place : government is a solid thing , and must be supported for our good . sir robert philips hereupon spake this : that if the words of kings strike impressions in the hearts of subjects , then do these words upon this occasion strike an impression into the hearts of us all : to speak in a plain language , we are now come to the end of our journey , and the well disposing of an answer to this message , will give happiness or misery to this kingdom . let us set the commonwealth of england before the eyes of his majesty , that we may justifie our selves that we have demeaned our selves dutifully to his majesty . and so the day following they had further debate upon that matter , the house being turned into a grand committee , and mr. herbert in the chair . some say , that the subject has suffered more in the violation of ancient liberties within these few years , then in three hundred years before , and therefore care ought to be taken for the time to come . sir edward cook said , that that royal word had reference to some message formerly sent ; his majesties word was , that they may secure themselves any way , by bill or otherwise , he promised to give way to it ; and to the end that this might not touch his majesties honor , it was proposed that the bill come not from the house , but from the king : we will and grant for us and our successors , and that we and our successors will do thus and thus : and it is the kings honor , he cannot speak but by record . others desired the house to consider when and where the late promise was made , was it not in the face of both houses ? cruel kings have been careful to perform their promises , yea , though they have been unlawful , as herod . therefore if we rest upon his majesties promise , we may assure our selves of the performance of it : besides , we binde his majesty by relying on his word : we have laws enough , it is the execution of them that is our life , and it is the king that gives life and execution . sir thomas wentworth concluded the debate , saying , that never house of parliament trusted more in the goodness of their king , for their own private , then the present ; but we are ambitious that his majesties goodness may remain to posterity , and we are accomptable to a publique trust : and therefore seeing there hath been a publique violation of the laws by his ministers , nothing will satisfie him but a publique mends ; and our desire to vindicate the subjects rights by bill , are no more then are laid down in former laws , with some modest provision for instruction , performance and execution . which so well agreed with the sense of the house , that they made it the subject of a message to be delivered by the speaker to his majesty . amidst those deliberations another message was delivered from his majesty by mr. secretary cook ; that howsoever we proceed in this business we have in hand , which his majesty will not doubt but to be according to our constant professions , and so as he may have cause to give us thanks ; yet his resolution is , that both his royal care , and hearty and tender affection towards all his loving subjects , shall appear to the whole kingdom and all the world , that he will govern us according to the laws and customs of this realm ; that he will maintain us in the liberties of our persons , and proprieties of our goods , so as we may enjoy as much happiness as our forefathers in their best times ; and that he will rectifie what hath been or may be found amiss amongst us , so that hereafter there may be no just cause to complain . wherein as his majesty will rank himself amongst the best of our kings , and shew he hath no intention to invade or impeach our lawful liberties , or right : so he will have us to match our selves with the best subjects , not by incroaching upon that soveraignty or prerogative which god hath put into his hands for our good , but by containing our selves within the bounds and laws of our forefathers , without restraining them , or inlarging them by new explanations , interpretations , expositions , or additions in any sort , which he telleth us he will not give way unto . that the weight of the affairs of the kingdom , and christendom , do press him more and more , and that the time is now grown to that point of maturity , that it cannot endure long debate , or delay ; so as this session of parliament must continue no longer then tuesday come sevennight , at the furthest : in which time his majesty for his part will be ready to perform what he promised ; and if the house be not as ready to do that is fit for themselves , it shall be their own faults . and upon assurance of our good dispatch and correspondence his majesty declareth , that his royal intention is to have another session of parliament at michaelmass next , for the perfecting of such things as cannot now be done . this message was debated the next day , being saturday may . whereupon sir iohn elliot spake to this effect . the king , saith he , will rank himself with the best of kings , and therefore he would have us to rank our selves with the best subjects ; we will not incroach upon that soveraignty that god hath put into his hands : this makes me fear his majesty is misinformed in what we go about , let us make some inlargement , and put it before him , that we will not make any thing new ; as for the time of this session , it is but short , and look how many messages we have , so many interruptions , and mis-reports , and mis-representations to his majesty produce those messages . sir miles fleetwood continues the debate , and said , that this business is of great importance , we are to accommodate this : the breach of this parliament will be the greatest misery that ever befell us ; the eyes of christendom are upon this parliament , the state of all our protestant friends are ready to be swallowed up by the emperors forces , and our own kingdom is in a miserable straight , for the defence of our religion that is invaded by the romish catholicks , by the colour of a commission , which is intolerable ; the defence of our realm by shipping is decayed , the kings revenue is sold and gone , where shall the relief be obtained but in parliament ? now we are in the way , let us proceed by way of bill , in pursuance of the kings message , to establish the fundamental laws in propriety of our goods , and liberty of our persons : it was declared to us , that courses by loan and imprisonment were not lawful ; let us touch them in our bill , and that all precedents and judgements seeming to the contrary , be void , and that all commitments against the law be remedied , and that we be protected against the fear of commitments . in conclusion , the commons agree to an answer to all the preceding messages , and present it to the king by the mouth of their speaker . the speakers speech to the king in answer to several messages . most gracious and dread soveraign , your loyal and obedient subjects , the commons now assembled in parliament , by several messages from your majesty , and especially by that your declaration delivered by the lord keeper before both houses , have to their exceeding joy and comfort received many ample expressions of your princely care and tender affections towards them , with a gracious promise and assurance , that your majesty will govern according to the laws of this realm , and so maintain all your subjects in the just freedom of their persons , and safety of their estates , that all their rights and liberties may be by them enjoyed with as much freedom and security in their time , as in any age heretofore by their ancestors under the best of your progenitors : for this so great a favor enlarged by a comfortable intimation of your majesties confidence in the proceedings of this house , they do by me their speaker make as full return of most humble thanks to your majesty , with all dutiful acknowledgement of your grace and goodness herein extended unto them . and whereas in one of those messages delivered from your majesty , there was an expression of your desire to know whether this house would rest upon your royal word and promise , assuring them , that if they would , it should be royally and really performed : as they again present their humble thanks for the seconding and strengthning of your former royal expressions , so in all humbleness they assure your majesty , that their greatest confi●●●ce is , and ever must be in your grace and goodness , without which they well know , nothing that they can frame or desire , will be of safety or value to them : therefore are all humble suiters to your majesty , that your royal heart will graciously accept and believe the truth of theirs , which they humbly present as full of truth and confidence in your royal word and promise , as ever house of commons reposed in any of their best kings . true it is , they cannot but remember the publique trust for which they are accomptable to present and future times ; and their desires are , that your majesties goodness might in fruit and memory be the blessing and joy of posterity . they say also , that of late there hath been publique violation of the laws , and the subjects liberties , by some of your majesties ministers , and thence conceive that no less then a publique remedy will raise the dejected hearts of your loving subjects to a chearful supply of your majesty , or make them receive content in the proceedings of this house . from those considerations , they most humbly beg your majesties leave to lay hold of that gratious offer of yours , which gave them assurance , that if they thought fit to secure themselves in their rights and liberties , by way of bill , or otherwise , so it might be provided with due respect to gods honor , and the publique good , you would be graciously pleased to give way unto it . far from their intentions it is any way to incroach upon your soveraignty , or prerogative ; nor have they the least thought of stretching or enlarging the former laws in any sort by any new interpretations , or additions ; the bounds of their desires extend no further , then to some necessary explanation of that which is truly comprehended within the just sense and meaning of those laws , with some moderate provision for execution and performance , as in times past upon like occasion hath been used . the way how to accomplish these their humble desires , is now in serious consideration with them ; wherein they humbly assure your majesty , they will neither lose time , nor seek any thing of your majesty , but that they hope may be fit for dutiful and loyal subjects to ask , and for a gracious and just king to grant . his majesties answer was delivered by the lord keeper . mr. speaker , and you gentlemen of the house of commons , his majesty hath commanded me to tell you , that he expected an answer by your actions , and not delay by discourse : ye acknowledge his trust and confidence in your proceedings , but his majesty sees not how you requite him by your confidence of his word and actions : for what need explanations , if ye doubted not the performance of the true meaning ? for explanations will hazard an incroachment upon his prerogative . and it may well be said , what need a new law to confirm an old , if you repose confidence in the declaration his majesty made by me to both houses ; and your selves acknowledge , that your greatest trust and confidence must be in his majesties grace and goodness , without which nothing ye can frame will be of safety , or avail to you : yet to shew cleerly the sincerity of his majesties intentions , he is content that a bill be drawn for a confirmation of magna charta , and the other six statutes insisted upon for the subjects liberties , if ye shall choose that as the best way , but so as it may be without additions , paraphrases , or explanations . thus if you please you may be secured from your needless fears , and this parliament may have a happy wished for end : whereas by the contrary , if ye seek to tie your king by new , and indeed impossible bonds , you must be accomptable to god and the countrey for the ill success of this meeting . his majesty hath given his royal word , that ye shall have no cause to complain hereafter : less then which hath been enough to reconcile great princes , and therefore ought much more to prevail between a king and his subjects . lastly , i am commanded to tell you that his majesties pleasure is , that without further replies or messages , or other unnecessary delays , ye do what ye mean to do speedily , remembring the last message that secretary cook brought you in point of time : his majesty always intending to perform his promise to his power . notwithstanding the intimation of his majesties good pleasure for a bill , mr. secretary cook , tuesday may . again pressed the house to relye upon the kings word , saying , that he had rather follow others , then begin to enter into this business : loss of time hath been the greatest complaint , the matter fallen now into consideration , is what way to take , whether to relye on his majesties word , or on a bill : if we will consider the advantage we have in taking his majesties word , it will be of the largest extent , and we shall choose that that hath most assurance : an act of parliament is by the consent of the king and parliament ; but this assurance by word , is that he will govern us by the laws ; the king promiseth that , and also that they shall be so executed , that we shall enjoy as much freedom as ever : this contains many laws , and a grant of all good laws ; nay , it contains a confirmation of those very laws , assurance , which binds the king further then the law can ; first , it binds his affection , which is the greatest bond between king and subject , and that binds his judgement also , nay , his honor , and that not at home but abroad ; the royal word of a king , is the ground of all treaty ; nay , it binds his conscience : this confirmation between both houses , is in nature of a vow ; for my part i think it is the greatest advantage to relie on his majesties word . he further added , this debate was fitter to be done before the house , and not before the committee , and that it was a new course to go to a committee of the whole house . whereunto it was replied by sir iohn elliot , that the proceeding in a committee , is more honorable and advantagious to the king , and the house , for that way leads most to truth ; and it is a more open way , and where every man may adde his reason , and make answer upon the hearing of other mens reasons and arguments . this being the general sense , the house was turned into a committee , to take into consideration what was delivered to the king by the speaker , and what was delivered to them by the lord keeper , and all other messages , and the committee was not to be bounded with any former order : the key was brought up , and none were to go out without leave first asked . in the debate of this business at the committee , some were for letting the bill rest : but sir edward cooks reasons prevailed to the contrary , was it ever known ( said he ) that general words were a sufficient satisfaction to particular grievances ? was ever a verbal declaration of the king verbum regni ? when grievances be , the parliament is to redress them : did ever parliament relie on messages ? they put up petitions of their grievances , and the king ever answered them : the kings answer is very gracious , but what is the law of the realm , that is the question . i put no diffidence in his majesty , the king must speak by a record , and in particulars , and not in general : did you ever know the kings message come into a bill of subsidies ? all succeeding kings will say , ye must trust me as well as you did my predecessors , and trust my messages ; but messages of love never came into a parliament . let us put up a petition of right : not that i distrust the king , but that we cannot take his trust , but in a parliamentary way . on thursday º maii , the petition of right was finished , and the clause of martial law was added unto it , and it was delivered to the lords at a conference for their concurrence ; the which conference was managed by sir edward cook , and the same day , as to the matter of supply , ordered that the two first subsidies should be paid º of iuly , one more º of october , another on º of decemb. and the last of º of march. at the conference sir edward cook thus expressed himself : my lords , it is evident what necessity there is , both in respect of your selves and your posterities , to have good success of this business : we have acquainted your lordships with the reasons and arguments , and after we have had some conference , we have received from your lordships propositions ; and it behoves me to give your lordships some reasons , why you have not heard from us before now ; for in the mean time as we were consulting of this weighty business , we have received divers messages from our great soveraign the king , and they consisted of five parts ; . that his majesty would maintain all his subjects in their just freedom , both of their persons and estates ; . that he will govern according to his laws and statutes ; . that we should find much confidence in the royal word , i pray observe that ; . that we shall enjoy all our rights and liberties , with as much freedom as ever any subjects have done in former times ; . that whether we shall think it fit , either by bill or otherwise , to go on in this great business , his majesty would be pleased to give way to it . these gracious messages did so work upon our affections , that w● have taken them into deep consideration . my lords , when we had these messages ( i deal plainly , for so i am commanded by the house of commons ) we did consider what way we might go for our more secure way , nay yours ; we did think it the safest way to go in a parliamentary course , for we have a maxim in the house of commons , and written on the walls of our house , that old ways are the safest and surest ways : and at last we did fall upon that , which we did think ( if that your lordships did consent with us ) it is the most ancient way of all , and that is , my lords , via fausta , both to majesty , to your lordships , and to our selves : for , my lords , this is the greatest bond that any subject can have in open parliament , verbum regis , this is an high point of honor , but this shall be done by the lords and commons , and assented to by the king in parliament , this is the greatest obligation of all , and this is for the kings honor , and our safety : therefore my lords we have drawn a form of a petition , desiring your lordships to concur with us therein ; for we do come with an unanimous consent of all the house of commons , and there is great reason your lordships should do so , for your lordships be involved in the same danger . and so i have done with the first part : and i shall now desire your lordships leave that i may read that which i have so agreed on . here the petition of right was read ; but we forbear to insert it as yet , because there were propositions for alteration ; and it is not perfect , till the royal assent be given to it . from the eighth to the twelfth of may , all publique businesses were laid aside . on monday the twelfth the lords had a conference with the commons , where the lord keeper made this speech . gentlemen of the house of commons , my lords having a most affectionate desire to maintain that good concurrence , that in this parliament and others hath been of late between both houses , desired this conference , to acquaint you how , and in what maner they have proceeded in the petition of right that came from this house , and to let you know , that assoon as they received it , they with all care and expedition they possibly could , addressed themselves to consider thereof , and after good time spent in debate in the whole house , they made a committee to consider , whether retaining of the substance of the petition , there might not be some words altered or put in to make it more sweet , to procure it a passable way to his majesty ; we know this must be crowned by the king , and good must come to all the kingdom by this course now taken . the committee hath met , and hath propounded some small matters to be altered in some few words , to make it passable , and not in substance . and the lords having this reported from their committee , and heard it read in their house , resolved of nothing till they have your consent ; yet they think it fitter to have it propounded to you , to consider whether there should be any alteration or no , and how the propounded alterations may stand with your liking . concerning the commitment by the king and the councel , without expressing the cause , it was resolved by the lords to debate it this morning , and assoon as they should have debated it , they purposed . to have your concurrence with them before they resolved it ; but at instant when they thought to have debated it , they received a letter from his majesty , which they conceive will give a satisfaction to both houses in the main point . my lords desiring to keep that good concurrence begun , desired to communicate that letter unto you , that you might take the same into your considerations , as they mean to do themselves : this letter is to be read unto you . to the right trusty and right well-beloved , the lords spiritual and temporal of the higher house of parliament . carolus rex . we being desirous of nothing more then the advancement of the peace and prosperity of our people , have given leave to free debate upon the highest points of our prerogative royal , which in the time of our predecessors , kings and queens of this realm , were ever restrained as matters that they would not have discussed ; and in other things we have been willing so far to descend to the desires of our good subjects , as might fully satisfie all moderate mindes , and free them from all just fears and jealousies , which those messages which we have heretofore sent into the commons house , will well demonstrate unto the world ; yet we finde it still insisted upon , that in no case whatsoever , should it never so nearly concern matters of state or government , we or our privy council have power to commit any man without the cause shewed ; whereas it often happens , that should the cause be shewed , the service it self would thereby be destroyed and defeated , and the cause alledged must be such as may be determined by our iudges of our courts of westminster , in a legal and ordinary way of iustice , whereas the causes may be such as those iudges have not capacity of iudicature , nor rules of law to direct and guide their iudgement in cases of that transcendent nature ; which hapning so often , the very incroaching on that constant rule of government for so many ages within this kingdom practised , would soon dissolve the very foundation and frame of our monarchy . wherefore as to our commons we made fair propositions , which might equally preserve the just liberty of the subject : so , my lords , we have thought good to let you know , that without the overthrow of soveraignty we cannot suffer this power to be impeached ; notwithstanding , to clear our conscience and just intentions , this we publish , that it is not in our heart , nor will we ever extend our royal power lent unto us from god , beyond the just rule of moderation , in any thing which shall be contrary to our laws and customs , wherein the safety of our people shall be our onely aim . and we do hereby declare our royal pleasure and resolution to be , which , god willing , we shall ever constantly continue and maintain , that neither we nor our privy council shall or will at any time hereafter commit or command to prison , or otherwise restrain the persons of any for not lending money to us , nor for any cause which in our conscience doth not concern the publique good and safety of us and our people , we will not be drawn to pretend any cause wherein our judgement and conscience is not satisfied with ; base thoughts , we hope no man can imagine will fall into our royal breast ; and that in all cases of this nature , which shall hereafter happen , we shall upon the humble petition of the party , or address of our iudges unto us , readily and really express the true cause of their commitment or restraint , so soon as with conveniency and safety the same is fit to be disclosed and expressed ; and that in all causes criminal , of ordinary iurisdiction , our iudges shall proceed to the deliverance or bailment of the prisoner , according to the known and ordinary rules of the laws of this land , and according to the statute of magna charta , and those other six statutes insisted upon , which we do take knowledge stand in full force , and which we intend not to abrogate and weaken , against the true intention thereof . this we have thought fit to signifie , the rather to shorten any long debate upon this great question , the season of the year being so far advanced , and our great occasions of state not lending many more days for longer continuance of this session of parliament . given under our signet at our palace at westminster , º maii the fourth year of our reign . the same day the kings letter was communicated to the house of commons , they laid it aside , and sir thomas wentworth said it was a letter of grace , but the people will onely like of that which is done in a parliamentary way ; besides , the debate of it would spend much time , neither was it directed to the house of commons ; and the petition of right would clear all mistakes : for ( said he ) some give out , as if the house went about to pinch the kings prerogative . but the further debate of this matter took up several days . may . the lords propounded at a conference an addition to be made to the petition of right , which was delivered by the lord keeper , to this purpose : that whereas at the late conference of both houses there were some things propounded that came from their lordships , out of a desire the petition might have the easier passage with his majesty , not intending to violate in any maner the substance of the petition , but it was then thought fit that there was another part of the petition of as great importance and weight : my lords since the time of that conference , have imployed themselves wholly to reduce the petition to such a frame and order , that may give both to you and them hope of acceptance . and after many deliberations , and much advice taken , my lords have resolved to represent to you something which they have thought upon , yet not as a thing conclusive to them or you ; and according to their desires ( having mentioned it in the beginning ) have held it fit to conclude of nothing till that you be made acquainted with it , and that there may be a mature advisement between you and them , so that there may be the happier conclusion in all their business . this being the determination of the lords , that nothing that is now offered unto you should be conclusive , yet they thought it convenient to present it unto you . this alteration ( and not alteration ) but addition , which they shall propound unto you , to be advised and conferred upon , which is no breach of the frame , they think it meet , if it shall stand with your liking , to be put in the conclusion of the petition , which i shall now read unto you . we present this our humble petition to your majesty , with the care not onely of preserving our own liberties , but with due regard to leave intire that soveraign power wherewith your majesty is trusted for the protection , safety , and happiness of the people . this is the thing the lords do present unto you , this subject of this conference concerning the adding of this in the conclusion of the petition , and that they know that this is new , and that you cannot presently give an answer to it ; therefore they desire that you do with some speed consider of it , and their lordships will be ready this afternoon . this addition produced several speeches . let us look ( said he ) into the records , and see what they are , what is soveraign power ? bodin saith , that it is free from any condition , by this we shall acknowledge a regal as well as a legal power : let us give that to the king that the law gives him , and no more . i am not able to speak to this question , i know not what it is : all our petition is for the laws of england , and this power seems to be another distinct power from the power of the law : i know how to adde soveraign to his person , but not to his power : also we cannot leave to him soveraign power , we never were possessed of it . we cannot admit of those words with safety , they are applicable to all the parts of our petition : it is in the nature of a saving , and by it we shall imply , as if we had incroached on his prerogative ; all the laws we cite , are without a saving , and yet now after the violation of them , we must adde a saving : also i have seen divers petitions , and where the subject claimed a right , there i never saw a saving of this nature . this is magnum in parvo , this is propounded to be a conclusion of our petition : it is a matter of great weight ; and to speak plainly , it will overthrow all our petition ; it trenches to all parts of it : it flies at loans , and at the oath , and at imprisonment , and billeting of soldiers ; this turns all about again . look into all the petitions of former times , they never petitioned , wherein there was a saving of the kings soveraignty : i know that prerogative is part of the law , but soveraign power is no parliamentary word : in my opinion it weakens magna charta , and all our statutes ; for they are absolute without any saving of soveraign power : and shall we now adde it , we shall weaken the foundation of law , and then the building must needs fall ; take we heed what we yield unto , magna charta is such a fellow , that he will have no soveraign : i wonder this soveraign was not in magna charta , or in the confirmations of it : if we grant this , by implication we give a soveraign power above all these laws : power in law , is taken for a power with force : the sheriff shall take the power of the county , what it means here , god onely knows : it is repugnant to our petition , that is a petition of right , grounded on acts of parliament : our predecessors could never indure a salvo jure suo , no more then the kings of old could indure for the church , salvo honore dei & ecclesiae : we must not admit of it , and to qualifie it is impossible : let us hold our priviledges according to the law ; that power that is above this , it is not fit for the king and people to have it disputed further , i had rather for my part have the prerogative acted , and i my self to lie under it , then to have it disputed . if we do admit of this addition , we shall leave the subject worse then we found him , and we shall have little thanks for our labor when we come home : let us leave all power to his majesty , to punish malefactors : but these laws are not acquainted with soveraign power , we desire no new thing , nor do we offer to trench on his majesties prerogative , we may not recede from this petition , either in part , or in whole . to adde a saving is not safe , doubtful words may beget an ill construction , and the words are not onely doubtful words , but words unknown to us , and never used in any act or petition before . let us not go too hastily to the question , said mr. selden : if there be any objections , let any propound them , and let others answer them as they think good : if it hath no reference to our petition , what doth it here ? i am sure all others will say it hath reference , and so must we : how far it doth exceed all examples of former times , no man can shew me the like : i have made that search that fully satisfies me , and i finde not another besides of eliz. we have a great many petitions , and bills of parliament in all ages , in all which we are sure no such thing is added : that clause of the of edw. . it was not in the petition , but in the kings answer . in magna charta there were no such clauses , the articles themselves are to be seen in a library at lambeth , in a book of that time , upon which the law was made . there was none in the articles in king iohns time , for these i have seen , there is no saving . in the statutes of confirmatio chartarum , is a saving les auncients aids , that is , for file maryer , & pur faire fitz chivalier , and for ransom : and in the articles of king iohn , in the original charter , which i can shew , there those three aids were named therein , and they were all known : in the . of edw. . there is a petition against loans , there is no saving , and so in others : as for that addition in the . of edw. . do but observe the petitions after magna charta , as edw. . they put up a petition , whereas in magna charta it is contained , that none be imprisoned , but by due process of law ; those words are not in magna charta , and yet there is no saving ; and so in the . of edw. . & . & . & . of edw. . all which pass by petition , and yet there is no saving in them : and there are in them other words then are in magna charta , and yet no saving . for that that mr. speaker said , the king was our heart , and ever shall be , but we then speak of the kings prerogative by it self , and we are bound to say so : but speaking of our rights , shall we say we are not to be imprisoned , saving by the kings soveraign power ? say my lands ( without any title ) be seised in the kings hand , and i bring a petition of right , and i go to the king and say , i do by no means seek your majesties right and title ; and after that i bring a petition or monstrance de droit , setting forth my own right and title , and withal set down a saving , that i leave intire his majesties right , it would be improper . it was objected , that in the . of edw. . in the end of articuli super chartas , which was a confirmation of magna charta , and charta de foresta , in the end there is a clause , savant le droit & segniory , the words are extant in that roll that is now extant , but the original roll is not extant . in the th e. . there was a confirmation of the charter in e. . the parliament was called , and much stir there was about the charter , and renewing the articles , but then little was done . in e. . the commons by petition or bill did obtain the liberties and articles at the end of the parliament , they were extracted out of the roll , and proclaimed abroad ; the addition was added in the proclamation : in the bill there was no savant , but afterwards it was put in : and to prove this , it is true , there is no parliament roll of that year , yet we have histories of that time : in the library at oxford there is a journal of a parliament of that very year , which mentions so much , also in the publique library at cambridge there is a manuscript that belonged to an abby , it was of the same year e. . and it mentions the parliament and the petitions , and articulos quos petierunt sic confirmaverit rex ut in fine adderet , salvo jure coronae regis , and they came by proclamation in london ; when the people heard this clause added in the end , they fell into execration for that addition ; and the great earls that went away satisfied from the parliament , hearing of this , went to the king , and after it was cleared at the next parliament . now there is no parliament roll of this ; of that time onely in one roll in the end of e. . there is a roll that recites it . the lords afterwards at a conference tendred reasons to fortifie their addition : which were briefly reported ; that the lord keeper said , that the lords were all agreed to defend and maintain the just liberties of the subject , and of the crown , and that the word ( leave ) was debated amongst them ; and thereby they meant to give no new , but what was before : for the words , soveraign power , as he is a king , he is a soveraign , and must have power ; and he said the words were easier then the prerogative : as for the word ( that ) which is a relative , and referred to that power that is for the safety of the people ; and this , said he , can never grieve any man , being thus published , it is not soveraign power in general ; but now in confutation of our reasons , he saith , magna charta was not with a saving ; but said he , you pursue not the words in magna charta , and therefore it needs an addition . as for the of e. . he said there was a saving , and an ill exposition cannot be made of this , and both houses have agreed it in substance already ; the commons did it in a speech delivered by our speaker , and that we said we have not a thought to incroach on the kings soveraignty ; and why may ye not add it in your petition ? upon this report mr. mason readily spake his opinion in maner following . in our petition of right to the kings majesty , we mentioned the laws and statutes , by which it appeared , that no tax , loan , or the like , ought to be levied by the king , but by common assent in parliament : that no freeman ought to be imprisoned but by the law of the land : that no freeman ought to be compelled to suffer soldiers in his house . in the petition we have expressed the breach of these laws , and desire we may not suffer the like , all which we pray as our rights and liberties . the lords have proposed an addition to this petition , in these words . we humbly present this petition to your majesty , not onely with a care of our own liberties , but with a due regard to leave intire that soveraign power wherewith your majesty is intrusted , for the protection , safety and happiness of your people . and whether we shall consent unto this addition , is the subject of this days discourse : and because my lord keeper at the conference declared their lordships had taken the words of the petition apart , i shall do so too . the word ( leave ) in a petition , is of the same nature as ( saving ) in a grant or act of parliament , when a man grants but part of a thing , he saves the rest ; when he petitions to be restored but to part , he leaveth the rest : then in the end of our petition the word ( leave ) will imply , that something is to be left of that , or at least with a reference to what we desire . the word ( intire ) is very considerable , a conqueror is bound by no law , but hath power dare leges , his will is a law ; and although william the conqueror , at first , to make his way to the crown of england the more easie , and the possession of it more sure , claimed it by title ; but afterward when there were no powerful pretenders to the crown , the title of conquest ( to introduce that absolute power of a conqueror ) was claimed , and that statute of magna charta , and other statutes mentioned in our petition , do principally limit that power . i hope it is as lawful for me to cite a jesuit , as it is for doctor manwaring to falsifie him ; suares , in his first book de legibus , cap. . delivered his opinion in these words : amplitudo & restrictio potestatis regum circa ea quae per se mala vel injusta non sunt , pendet ex arbitrio hominum & ex ambigua conventione vel pacto inter reges & regnum . and he further expresseth his opinion , that the king of spain was so absolute a monarch , that he might impose tribute without consent of his people , until about two hundred years since , when it was concluded between him and his people , that without consent of his people by proxies he should not impose any tribute . and suares opinion is , that by that agreement , the kings of spain are bound to impose no tribute without consent . and this agreement that author calls a restraining of that soveraign power , the statutes then mentioned in our petition restraining that absolute power of conqueror ; if we recite those statutes , and say we leave the soveraign power intire , we do take away that restraint which is the vertue and strength of those statutes , and set at liberty the claim of the soveraign power of a conqueror , which is to be limited and restrained by no laws : this may be the danger of the word ( intire . ) the next word delivered by the lords as observeable , is the particle ( that ) because it was said , that all soveraign power is not mentioned to be left , but onely ( that ) with which the king is trusted for our protection , safety and happiness : but i conceive this to be an exception of all soveraign power ; for all soveraign power in a king , is for the protection , safety and happiness of his people : if all soveraign power be excepted , you may easily judge the consequence , all loans and taxes being imposed by colour of that soveraign power . the next word is ( trusted ) which is very ambiguous , whether it be meant trusted by god onely as a conqueror , or by the people also as king , which are to govern also according to laws ex pacto . in this point i will not presume to adventure further , onely i like it not , by reason of the doubtful exposition it admits . i have likewise considered the proposition it self , and therein i have fallen upon the dilemma , that this addition shall be construed either to refer unto the petition , or not : if it do refer unto the petition , it is meerly useless and unnecessary , and unbefitting the judgement of this grave and great assembly to add to a petition of this weight . if it hath reference unto it , then it destroys not onely the virtue and strength of our petition of right , but our rights themselves ; for the addition being referred to each part of the petition , will necessarily receive this construction : that none ought to be compelled to make any gift , loan , or such like charge , without common consent or act of parliament , unless it be by the soveraign power , with which the king is trusted for the protection , safety and happiness of his people . that none ought to be compelled to sojourn or billet soldiers , unless by the same soveraign power , and so of the rest of the rights contained in the petition : and then the most favorable construction will be , that the king hath an ordinary prerogative , and by that he cannot impose taxes or imprison ; that is , he cannot impose taxes at his will , to imploy them as he pleaseth ; but that he hath an extraordinary and transcendent soveraign power for the protection and happiness of his people , and for such purpose he may impose taxes , or billet soldiers , as he pleaseth ; and we may assure our selves , that hereafter all loans , taxes and billeting of soldiers , will be said to be for the protection , safety and happiness of the people : certainly hereafter it will be conceived , that an house of parliament would not have made an unnecessary addition to this petition of right , and therefore it will be resolved , that the addition hath relation to the petition , which will have such operation as i have formerly declared , and i the rather fear it , because the late loan and billeting have been declared to have been by soveraign power for the good of our selves ; and if it be doubtful whether this proposition hath reference to the petition or not , i know not who shall judge whether loans or imprisonments hereafter be by that soveraign power or not ? a parliament , which is made a body of several writs , and may be dissolved by one commission , cannot be certain to decide this question . we cannot resolve that , that the judges shall determine the words of the kings letter read in this house , expressing the cause of commitment , may be such , that the judges have not capacity of judicature , no rules of law to direct and guide their judgements in cases of that transcendent nature , the judges then and the judgements are easily conjectured ; it hath been confessed by the kings councel , that the statute of magna charta bindes the king , it bindes his soveraign power ; and here is an addition of saving the kings soveraign power : i shall endeavor to give some answer to the reasons given by the lords . the first is , that it is the intention of both houses , to maintain the just liberty of the subject , and not to diminish the just power of the king ; and therefore the expression of that intention in this petition , cannot prejudice us . to which i answer , first , that our intention was , and is , as we then professed , and no man can assign any particular in which we have done to the contrary ; neither have we any way transgressed in that kinde in this petition : and if we make this addition to the petition , it would give some intimation that we have given cause or colour of offence therein , which we deny , and which if any man conceive so , let him assign the particular , that we may give answer thereunto . by our petition we onely desire our particular rights and liberties to be confirmed to us , and therefore it is not proper for us in it to mention soveraign power in general , being altogether impertinent to the matter in the petition . there is a great difference between the words of the addition , and the words proposed therein , for reason , viz. between just power which may be conceived to be limited by laws , and soveraign power , which is supposed to be transcendent and boundless . the second reason delivered by their lordships was , that the king is soveraign ; that as he is soveraign , he hath power , and that that soveraign power is to be left : for my part , i would leave it , so as not to mention it , but if it should be expressed to be left in this petition , as it is proposed , it must admit something to be left in the king of what we pray , or at least admit some sovergain power in his majesty , in these priviledges which we claim to be our right , which would frustrate our petition and destroy our right , as i have formerly shewed . the third reason given from this addition was , that in the statute of articuli super chartas , there is a saving of the seigniory of the crown . to which i give these answers , that magna charta was confirmed above thirty times , and a general saving was in none of these acts of confirmation , but in this onely ; and i see no cause we should follow one ill , and not thirty good precedents , and the rather because that saving produced ill effects that are well known . that saving was by act of parliament ; the conclusion of which act is , that in all those cases the king did well , and all those that were at the making of that ordinance did intend , that the right and seigniory of the crown should be saved : by which it appears that the saving was not in the petition of the commons , but added by the king ; for in the petition the kings will is not expressed . in that act the king did grant and depart with to his people , divers rights belonging to his prerogative , as in the first chapter he granted , that the people might choose three men which might have power to hear and determine complaints , made against those that offended in any point of magna charta , though they were the kings officers , and to fine and ransome them : and in the . . and . chapter of that statute , the king departed with other prerogatives ; and therefore there might be some reason of the adding of , that soveraign , by the kings councel : but in this petition we desire nothing of the kings prerogative , but pray the enjoying of our proper and undoubted rights and priviledges ; and therefore there is no cause to adde any words which may imply a saving of that which concerns not the matter in the petition . the fourth reason given by their lordships was , that by the mouth of our speaker we have this parliament declared , that it was far from our intention to incroach upon his majesties prerogative , and that therefore it could not prejudice us , to mention the same resolution in an addition to this petition . to which i answer , that that declaration was a general answer to a message from his majesty to us ; by which his majesty expressed , that he would not have his prerogative straitned by any new explanation of magna charta , or the rest of the statutes : and therefore that expression of our speakers was then proper , to make it have reference to this petition , there being nothing therein contained but particular rights of the subject , and nothing at all concerning his majesties prerogative . secondly , that answer was to give his majesty satisfaction of all our proceedings in general , and no man can assign any particular , in which we have broken it ; and this petition justifies it self , that in it we have not offended against the protestation : and i know no reason but that this declaration should be added to all our laws we shall agree on this parliament , as well as to this petition . the last reason given was , that we have varied in our petition from the words of magna charta ; and therefore it was well necessary , that a saving should be added to the petition . i answer , that in the statute e. . e. . e. . and other statutes , with which magna charta is confirmed : the words of the statute of explanation , differ from the words of magna charta it self , the words of some of the statutes of explanation being , that no man ought to be apprehended , unless by indictment , or due process of law ; and the other statutes differing from the words of magna charta , in many other particulars , and yet there is no saving in those statutes 〈◊〉 much less should there be any in a petition of right . there are the answers i have conceived to the reasons of their lordships , and the exposition i apprehend must be made of the proposed words , being added to our petition . and therefore i conclude that in my opinion we may not consent to this addition , which i submit to better judgements . the commons afterwards appointed mr. glanvile , and sir henry martin , to manage another conference to be had with the lords , concerning the said matter , and to clear the sense of the commons in that point : the one argued the legal , the other the rational part , and though the matter delivered by the length of it may seem tedious to the reader , and some matters spoken of before repeated again ; yet if the reader observe the language and stile , as well as the subject matter , perhaps it will be no penance unto him . mr. glanviles speech in a full committee of both houses of parliament . may , . in the painted chamber at westminster . my lords , i have in charge from the commons house of parliament , ( whereof i am a member ) to express this day before your lordships some part of their clear sense , touching one point that hath occurred in the great debate , which hath so long depended in both houses . i shall not need many words to induce or state the question , which i am to handle in this free conference . the subject matter of our meeting is well known to your lordships , i will therefore onely look so far back upon it , and so far recollect summarily the proceedings it hath had , as may be requisite to present clearly to your lordships considerations , the nature and consequence of that particular wherein i must insist . your lords may be pleased to remember , how that the commons in this parliament have framed a petition to be presented to his majesty , a petition of right rightly composed , relating nothing but truth , desiring nothing but justice , a petition justly occasioned , a petition necessary and fit for these times , a petition founded upon solid and substantial grounds , the laws and statutes of this realm , sure rocks to build upon ; a petition bounded within due limits , and directed upon right ends , to vindicate some lawful and just liberties of the free subjects of this kingdom , from the prejudice of violations past , and to secure them from future innovations . and because my following discourse must reflect chiefly , if not wholly , upon the matter of this petition : i shall here crave leave shortly to open to your lordships the distinct parts whereof it doth consist , and those are four . the first concerns levies of moneys , by way of loans or otherwise , for his majesties supply , declaring that no man ought , and praying that no man hereafter be compelled to make or yield any gift , loan , benevolence , tax , or such like charge , without common consent by act of parliament . . the second is concerning that liberty of person , which rightfully belongs to the free subjects of this realm , expressing it to be against the 〈◊〉 of the laws and statutes of the land , that any freeman should be imprisoned without cause shewed ; and then reciting how this liberty amongst others hath lately been infringed , it concludeth with a just and necessary desire for the better clearing and allowance of this priviledge for the future . . the third declareth the unlawfulness of billeting or placing soldiers or mariners to sojourn in free subjects houses against their wills , and prayeth remedy against that grievance . . the fourth and last aimeth at redress touching commissions , to proceed to the tryal and condemnation of offenders , and causing them to be executed and put to death by the law marshal , in times and places , when and where , if by the laws and statutes of the land they had deserved death , by the same laws and statutes also they might , and by none other ought to be adjudged and executed . this petition the careful house of commons , not willing to omit any thing pertaining to their duties , or that might advance their moderate and just ends , did heretofore offer up unto your lordships consideration , accompanied with an humble desire , that in your nobleness and justice you would be pleased to joyn with them in presenting it to his majesty , that so coming from the whole body of the realm , the peers and people , to him that is the head of both , our gracious soveraign , who must crown the work , or else all our labour is in vain ; it might by your lordships concurrence and assistance finde the more easie passage , and obtain the better answer . your lordships , as your maner is in cases of so great importance , were pleased to debate and weigh it well , and thereupon you propounded to us some few amendments ( as you termed them ) by way of alteration , alledging that they were onely in matters of form , and not of substance ; and that they were intended to none other end but to sweeten the petition , and make it the more passable with his majesty . in this the house of commons cannot but observe that fair and good respect which your lordships have used in your proceedings with them , by your concluding or voting nothing in your house , until you had imparted it unto them ; whereby our meetings about this business have been justly stiled free conferences , either party repairing hither disingaged to hear and weigh the others reasons , and both houses coming with a full intention upon due consideration of all that can be said on either side , to joyn at last in resolving and acting that which shall be found most just and necessary for the honor and safety of his majesty and the whole kingdom . and touching those propounded alterations , which were not many , your lordships cannot but remember that the house of commons have yielded to an accommodation , or change of their petition in two particulars , whereby they hope your lordships have observed as well as ye may , they have not been affected unto words or phrases ; nor over-much abounding in their own sense , but rather willing to comply with your lordships in all indifferent things . for the rest of your proposed amendments , if we do not misconceive your lordships , as we are confident we do not , your lordships of your selves have been pleased to relinquish them with a new overture , for one onely clause to be added in the end or foot of the petition , whereby the work of this day is reduced to one simple head , whether that clause shall be received or not ? this yielding of the commons in part unto your lordships , of other points by you somewhat insisted upon , giveth us great assurance that our ends are one , and putteth us in hope , that in conclusion we shall concur , and proceed unanimously to seek the same ends by the same means . the clause propounded by your lordships to be added to the petition is this . we humbly present this petition to your majesty , not onely with a care for preservation of our liberties , but with a due regard to leave intire that soveraign power wherewith your majesty is trusted for the protection , safety and happiness of your people . a clause specious in shew , and smooth in words , but in effect and consequence most dangerous , as i hope to make most evident ; however coming from your lordships , the house of commons took it into their considerations , as became them , and apprehending upon the first debate , that it threatned ruine to the whole petition , they did heretofore deliver some reasons to your lordships , for which they then desired to be spared from admitting it . to these reasons your lordships offered some answers at the last meeting ; which having been faithfully reported to our house , and there debated , as was requisite for a business of such weight and importance , i must say truly to your lordships , yet with due reverence to your opinions , the commons are not satisfied with your arguments ; and therefore they have commanded me to recollect your lordships reasons for this clause , and in a fair reply to let you see the causes why they differ from you in opinion . but before i come to handle the particulars wherein we dissent from your lordships , i will in the first place take notice yet a little further of that general wherein we all concur ; which is , that we desire not ( neither do your lordships ) to augment or dilate the liberties and priviledges of the subjects beyond the just and due bounds ; nor to incroach upon the limits of his majesties prerogative royal ; and as in this your lordships at the last meeting expressed clearly your own senses , so were your lordships not mistaken in collecting the concurrent sense and meaning of the house of commons ; they often have protested they do , and ever must protest , that these have been and shall be the bounds of their desires , to demand and seek nothing but that which may be fit for dutiful and loyal subjects to ask , and for a gracious and just king to grant ; for as they claim by laws some liberties for themselves , so do they acknowledge a prerogative , a high and just prerogative belonging to the king , which they intend not to diminish . and now my lords , being assured , not by strained inferences , or obscure collections , but by the express and clear declarations of both houses , that our ends are the same ; it were a miserable unhappiness if we should fail in finding out the means to accomplish our desires . my lords , the heads of those particular reasons which you insisted upon the last day where onely these : . first you told us that the word ( leave ) was of such nature , that it could give no new thing to his majesty . . that no just exception could be taken to the words ( soveraign power ) for that as his majesty is a king , so he is a soveraign ; and as he is a soveraign , so he hath power . . that the soveraign power mentioned in this clause , is not absolute or indefinite , but limited and regulated by the particle ( that ) and the word ( subsequent ) which restrains it to be applied onely for protection , safety , and happiness of the people , whereby ye inferred , there could be no danger in the allowance of such power . . that this clause contained no more in substance , but the like expressions of our meanings in this petition , which we had formerly signified unto his majesty by the mouth of mr. speaker , that we no way intended to incroach upon his majesties soveraign power or prerogative . . that in our petition we have used other words , and of larger extent touching our liberties , then are contained in the statutes whereon it is grounded : in respect of which inlargement , it was fit to have some express , or implied saving , or narrative , declaratory for the kings soveraign power , of which narrative ye alledge this clause to be . . lastly , whereas the commons , as a main argument against the clause , had much insisted upon this , that is was unprecedented , and unparliamentary in a petition from the subjects , to insert a saving for the crown : your lordships brought for instance to the contrary the two statutes of the e. . commonly called , confirmatio chartarum , and e. . known by this name of articuli super chartas , in both which statutes there are saving for the kings . having thus reduced to your lordships memories , the effects of your own reasons ; i will now with your lordships favor come to the points of our reply , wherein i most humbly beseech your lordships to weigh the reasons which i shall present , not as the sense of my self , the weakest member of our house , but as the genuine and true sense of the whole house of commons , conceived in a business there debated with the greatest gravity and solemnity , with the greatest concurrence of opinions , and unanimity that ever was in any business maturely agitated in that house . i shall not peradventure follow the method of your lordships recollected reasons in my answering to them , nor labor to urge many reasons . it is the desire of the commons , that the weight of their arguments should recompense ( if need be ) the smalness of their number . and in conclusion , when you have heard me through , i hope your lordships shall be enabled to collect clearly out of the frame of what i shall deliver , that in some part or other of my discourse there is a full and satisfactory answer , given to every particular reason or objection of your lordships . the reasons that are now appointed to be presented to your lordships are of two kinds , legal and rational , of which these of the former sort are allotted to my charge , and the first of them is thus . the clause now under question if it be added to the petition , then either it must refer , or relate unto it , or else not ; if it have no such reference , is it not clear that it is needless and superfluous ? and if it have such reference , is it not clear that then it must needs have an operation upon the whole petition , and upon all the parts of it ? we cannot think that your lordships would offer us a vain thing , and therefore taking it for granted , that if it be added it would refer to the petition : let me beseech your lordships to observe with me , and with the house of commons , what alteration and qualification of the same it will introduce . the petition of it self , simply and without this clause , declareth absolutely the rights and priviledges of the subject , in divers points ; and amongst the rest touching the levies of monies , by way of loans or otherwise for his majesties supply , that such loans and other charges of the like nature , by the laws and statutes of this land , ought not to be made or laid without common consent by act of parliament : but admit this clause to be annexed with reference ( to the petition ) and it must necessarily conclude and have this exposition , that loans and the like charges ( true it is ordinarily ) are against the laws and statutes of the realm , unless they be warranted by soveraign power , and that they cannot be commanded or raised without assent of parliament , unless it be by soveraign power ; what were this but to admit a soveraign power in the king above the laws and statutes of the kingdome ? another part of this petition is , that the free subjects of this realm ought not to be imprisoned without cause shewed : but by this clause a soveraign power will be admitted , and left intire to his majesty , sufficient to control the force of law , and to bring in this new and dangerous interpretation , that the free subjects of this realm ought not by law to be imprisoned without cause shewed , unless it be by soveraign power . in a word , this clause , if it should be admitted , would take away the effect of every part of the petition , and become destructive to the whole : for thence will be the exposition touching the billeting of soldiers and mariners in free mens houses against their wills ; and thence will be the exposition touching the times and places for execution of the law marshal , contrary to the laws and statutes of the realm . the scope of this petition , as i have before observed , is not to amend our case , but to restore us to the same state we were in before ; whereas , if this clause be received , in stead of mending the condition of the poor subjects , whose liberties of late have been miserably violated by some ministers , we shall leave them worse then we found them ; in stead of curing their wounds , we shall make them deeper . we have set bounds to our desires in this great business , whereof one is not to diminish the prerogative of the king , by mounting too high ; and if we bound our selves on the other side with this limit , not to abridge the lawful priviledges of the subject , by descending beneath that which is meet , no man we hope can blame us . my lords , as there is mention made in the additional clause of soveraign power , so is there likewise of a trust reposed in his majesty , touching the use of soveraign power . the word trust is of great latitude , and large extent , and therefore ought to be well and warily applied and restrained , especially in the case of a king : there is a trust inseparably reposed in the persons of the kings of england , but that trust is regulated by law ; for example , when statutes are made to prohibite things not mala in se , but onely mala quia prohibita , under certain forfeitures and penalties , to accrue to the king and to the informers , that shall sue for the breach of them : the commons must and ever will acknowledge a regal and soveraign prerogative in the king , touching such statutes , that it is in his majesties absolute and undoubted power , to grant dispensations to particular persons , with the clauses of non obstante , to do as they might have done before those statutes , wherein his majesty conferring grace and favour upon some , doth not do wrong to others ; but there is a difference between those statutes , and the laws and statutes whereon the petition is grounded : by those statutes the subject hath no interest in the penalties , which are all the fruit such statutes can produce , until by suit or information commenced , he become intituled to the particular forfeitures ; whereas the laws and statutes mentioned in our petition are of another nature ; there shall your lordships finde us to rely upon the good old statute , called magna charta , which declareth and confirmeth the ancicient common laws of the liberties of england : there shall your lordships also finde us also to insist upon divers other most material statutes made in the time of king e. . and e. . and other famous kings , for explanation and ratification of the lawful rights and priviledges belonging to the subjects of this realm , laws not inflicting penalties upon offenders , in malis prohibitis , but laws declarative or positive , conferring or confirming ipso facto , an inherent right and interest of liberty and freedom in the subjects of this realm , as their birthrights and inheritance descendable to their heirs and posterity ; statutes incorporate into the body of the common law , over which ( with reverence be it spoken ) there is no trust reposed in the kings soveraign power or prerogative royal to enable him to dispense with them , or to take from his subjects that birthright or inheritance which they have in their liberties by vertue of the common law , and of these statutes . but if this clause be added to our petition , we shall then make a dangerous overture to confound this good destination touching what statutes the king is trusted to controll by dispensations , and what not ; and shall give an intimation to posterity , as if it were the opinion both of the lords and commons assembled in this parliament , that there is a trust reposed in the king , to lay aside by his soveraign power in some amergent cases , as well of the common law , and such statutes as declare or ratifie the subjects liberty , or confer interest upon their persons , as those other penal statutes of such nature as i have mentioned before ; which as we can by no means admit , so we believe assuredly , that it is far from the desire of our most gracious soveraign , to affect so vast a trust , which being transmitted to a successor of a different temper , might enable him to alter the whole frame and fabrick of the commonwealth , and to dissolve that government whereby his kingdom hath flourished for so many years and ages under his majesties most royal ancestors and predecessors . our next reason is , that we hold it contrary to all course of parliament , and absolutely repugnant to the very nature of a petition of right consisting of particulars , as ours doth , to clog it with a general saving or declaration to the weakning of the right demanded ; and we are bold to renew with some confidence our allegation , that there can be no precedent shewed of any such clause in any such petitions in times past . i shall insist the longer upon this particular , and labour the more carefully to clear it , because your lordships were pleased the last day to urge against us the statutes of and of e. . as arguments to prove the contrary , and seemed not to be satisfied with that which in this point we had affirmed . true it is , that in those statutes there are such savings as your lordships have observed ; but i shall offer you a clear answer to them , and to all other savings of like nature that can be found in any statutes whatsoever . first in the general , and then i shall apply particular answers to the particulars of those two statutes , whereby it will be most evident , that those examples can no ways sute with the matter now in hand . to this end it will be necessary that we consider duely what that question is , which indeed concerneth a petition , and not an act of parliament : this being well observed , by shewing unto your lordships the difference between a petition for the law , and the law ordained upon such a petition , and opening truly and perspicuously the course that was holden in framing of statutes before h. . different from that which ever since then hath been used , and is still in use amongst us , and by noting the times wherein these statutes were made , which was about one hundred years before h. . besides the differences between these savings and this clause ; i doubt not but i shall give ample satisfaction to your lordships , that the commons as well in this , as in all their other reasons , have been most careful to rely upon nothing but that which is most true and pertinent . before the second year of king h. . the course was thus : when the commons were suiters for a law , either the speaker of their house by word of mouth from them , the lords house joyning with them , or by some bill in writing , which was usually called their petition , moved the king to ordain laws for the redress of such mischiefs or inconveniences as were found grievous unto the people . to these petitions the king made answer as he pleased , sometimes to part , sometimes to the whole , sometimes by denial , sometimes by assent , sometimes absolutely , and sometimes by qualification . upon these motions and petitions , and the kings answers to them , was the law drawn up and ingrossed in the statute roll to binde the kingdom ; but this inconvenience was found in this course , that oftentimes the statutes thus framed were against the sense and meaning of the commons , at whose desires they were ordained ; and therefore in the h. . finding that it tended to the violation of their liberty and freedom , whose right it was , and ever had been , that no law should be made without their assent ; they then exhibited a petition to the king , declaring their right in this particular , praying that from thenceforth no law might be made or ingrossed as statutes , by additions or diminutions to their motions or petitions , that should change their sense or intent , without their assent ; which was accordingly established by act of parliament ; ever since then the use hath been as the right was before , that the king taketh the whole , or leaveth the whole of all bills or petitions exhibited for the obtaining of laws . from this course , and from the time when first it became constant and setled , we conclude strongly that it is no good argument , because ye finde savings in acts of parliament before the second of h. . that before those savings were in the petitions that begat those statutes ; for if the petitions for the two loans so much insisted upon ( which petitions , for any think we know , are not now extant ) were never so absolute , yet might the king , according to the usage of those times , insert the savings in his answers , which passing from thence into the statute roll , do onely give some little colour , but are not proof at all that the petitions also were with savings . thus much for the general ; to come now to the particular statute of of edw. . which was a confirmation of magna charta , with some provision for the better execution of it , as common law , which words are worth the noting . it is true that statute hath also a clause to this effect , that the king or his heirs from thenceforth should take no aids , taxes , or prises of his subjects , but by common assent of all the realm , saving the ancient aids , and prises due and accustomed . this saving if it were granted ( which is not , nor cannot be proved ) that it was as well in the petition , as in the act ; yet can it no way imply that it is either fit or safe , that the clause now in question should be added to our petition : for the nature and office of a saving , or exception , is to exempt particulars out of a general , and to ratifie the rule in things not exempted , but in no sort to weaken or destroy the general rule it self . the body of that law was against all aids and taxes and prises in general , and was a confirmation of the common law , formerly declared by magna charta ; the saving was onely of aids and prises in particular , so well described and restrained by the words , ancient and accustomed , that there could be no doubt what could be the clear meaning and extent of that exception ; for the kings right to those ancient aids , intended by that stature to be saved to him , was well known in those days , and is not yet forgotten . these aids were three , from the kings tenants by knights service , due by the common law , or general custom of the realm ; aid to ransom the kings royal person , if unhappily he should be taken prisoner in the wars ; aid to make the kings eldest son a knight , and aid to marry the kings eldest daughter once , but no more ; and that those were the onely aids intended to be saved to the crown by that statute , appeareth in some clearness , by the charter of king iohn , dated at runningmede the of iune in the th year of his reign , wherein they are enumerated with an exclusion of all other aids whatsoever . of this charter i have here one of the originals , whereon i beseech your lordships to cast your eyes , and give me leave to read the very words which concern this point . these words ( my lords ) are thus : nullum scutigium vel auxilium ponatur in regno nostro , nisi per commune consilium regni nostri , nisi ad corpus nostrum redimendum , & primogenitum filium nostrum militem faciendum , & ad filiam nostram primogenitam semel maritandam , & ad hoc non siat nisi rationabile auxilium . touching prises , the other thing excepted by this statute , it is also of a particular right to the crown so well known , that it needeth no description , the king being in possession of it by every days usage . it is to take one tun of wine before the mast , and another behinde the mast , of every ship bringing in above twenty tuns of wine , and here discharge them by way of merchandise . but our petition consisteth altogether of particulars , to which if any general saving or words amounting to one should be annexed , it cannot work to confirm things not excepted which are none , but to confound things included , which are all the parts of the petition ; and it must needs beget this dangerous exposition , that the rights and liberties of the subject , declared and demanded by this petition , are not theirs absolutely , but sub modo ; not to continue always , but onely to take place when the king is pleased not to exercise that soveraign power , wherewith this clause admitted he is trusted for the protection , safety , and happiness of his people : and thus that birthright and inheritance , which we have in our liberties , shall by our own assents be turned into a meer tenancy at will and sufferance . touching the statute of edw. . articuli super chartas , the scope of that statute among other things , being to provide for the better observing and maintaining of magna charta , hath in it nevertheless two savings for the king ; the one particular , as i take it , to preserve the ancient prices , due and accustomed , as of wines and of other goods , the other general seigniory of the crown in all things . to these two savings , besides the former answers , which may be for the most part applied to this statute , as well as to the former ; i adde these further answers : the first of these two savings , is of the same prisage of wines which is excepted in the edw. . but in some more clearness ; for that here the word ( wines ) is expresly annexed to the word ( prices ) which i take for so much to be in exposition of the former law : and albeit these words ( and of other goods ) be added , yet do i take it to be but a particular saving , or exception , which being qualified with the words ( ancient , due and accustomed ) is not very dangerous , nor can be understood of prices or levies upon goods of all sorts at the kings will and pleasure , but onely of the old and certain customs upon wool , woolfels and leather , which were due to the crown long before the making of this statute . for the latter of the two savings in this act , which is of the more unusual nature , and subject to the more exception ; it is indeed general , and if we may believe the concurrent relations of the histories of those times , as well as those that are now printed , as those which remain onely in manuscripts , it gave distaste from the beginning , and wrought no good effect ; but produced such distempers and troubles in the state , as we wish may be buried in perpetual oblivion ; and that the like saving in these and future times , may never breed the like disturbance : for from hence arose a jealousie , that magna charta which declared the ancient right of the subject , and was an absolute law in it self , being now confirmed by a latter act with this addition of a general saving ; for the kings right in all things by the saving was weakned , and that made doubtful which was clear before : but not to depart from our main ground , which is , that savings in old acts of parliament , before h. . are no proof that there were the like savings in the petitions ; for those acts let me observe unto your lordships , and so leave this point , that albeit this petition , whereon this act of edw. . was grounded , be perished ; yet hath it pleased god that the very frame and context of the act it self , as it is drawn up , and entred upon the statute roll , and printed in our books , doth manifestly impart that this saving came in by the kings answer , and was not in the original petition of the lords and commons ; for it cometh in at the end of the act after the words ( le roy vent ) which commonly are the words of the royal assent to an act of parliament . and though they be mixed and followed with other words , as though the kings councel and the rest who were present at the making of this ordinance , did intend the same saving ; yet is not that conclusive , so long as by the form of those times , the kings answer working upon the materials of the petition , might be conceived by some to make the law effectual , though varying from the frame of the petition . the next reason which the commons have commanded me to use , for which they still desire to be spared from adding this clause to their petition , is this : this offensive law of e. . which confirmed magna charta , with a saving , rested not long in peace , for it gave not that satisfaction to the lords or people , as was requisite they should have in a case so nearly concerning them : and therefore about thirty three , or thirty four of the same kings reign , a later act of parliament was made , whereby it was enacted , that all men should have their laws and liberties and free customs , as largely and wholly as they had used to have at any time , when they had them best ; and if any statutes had been made , or any customs brought in to the contrary , that all such statutes and customs should be void . this was the first law which i call now to minde , that restored magna charta to the original purity wherein it was first moulded , albeit it hath been since confirmed above twenty times more by several acts of parliament , in the reigns of divers most just and gracious kings , who were most apprehensive of their rights , and jealous of their honors , and always without savings ; so as if between and e. . magna charta stood blemished with many savings of the kings rights or seigniory , which might be conceived to be above the law ; that stain and blemish was long since taken away , and cleared by those many absolute declarations and confirmations of that excellent law which followed in after ages , and so it standeth at this day purged and exempted now from any such saving whatsoever . i beseech your lordships therefore to observe the circumstance of time wherein we offer this petition to be presented to your lordships , and by us unto his majesty : do we offer it when magna charta stands clogged with saving ? no , my lords , but at this day when later and better confirmations have vindicated and set free that law from all exceptions ; and shall we now annex another and worse saving to it by an unnecessary clause in that petition , which we expect should have the fruits and effects of a law ? shall we our selves relinquish or adulterate that which cost our ancestors such care and labour to purchase and refine ? no , my lords , but as we should hold our selves unhappy if we should not amend the wretched estate of the poor subject , so let us hold it a wickedness to impair it . whereas it was further urged by your lordships , that to insert this clause into our petition , would be no more then to do that again at your lordships motion and request , which we had formerly done by the mouth of our speaker ; and that there is no cause why we should recede from that which so solemnly we have professed . to this i answer and confess , it was then in our hearts , and so it is now , and shall be ever , not to incroach on his majesties soveraign power . but i beseech your lordships to observe the different occasion and reference of that protestation , and of this clause . that was a general●●nswer to a general message , which we received from his majesty , warning us not to incroach upon his prerogative ; to which , like dutiful and loving subjects , we answered at full , according to the integrity of our own hearts ; nor was there any danger in making such an answer to such a message , nor could we answer more truly or more properly : but did that answer extend to acknowledge a soveraign power in the king , above the laws and statutes mentioned in our petition , or controll the liberties of the subject therein declared and demanded ? no my lords , it hath no reference to any such particulars ; and the same words which in some cases may be fit to be used , and were unmannerly to be omitted , cannot in other cases be spoken but with impertinency at the least , if not with danger ; i have formerly opened my reasons , proving the danger of this clause , and am commanded to illustrate the impertinency of adding it to the petition by a familiar case , which was put in our house by a learned gentleman , and of my own robe : the case is this , two manors or lordships lye adjoyning together , and perchance intermixed , so as there is some difficulty to discern the true bounds of either ; as there may be touching the confines where the liberty of the subject , and the prerogative of the crown do border each upon the other ; to the one of the manors the king hath clear right , and is in actual possession of it ; but the other is the subjects : the king being misinformed that the subject hath intruded upon his majesties manor , asketh his subject whether he doth enter upon his majesties manor , or pretendeth any title to it , or any part of it ? the subject being now justly occasioned , maketh answer truly to the king , that he hath not intruded , nor will intrude upon his majesties manor , nor doth make any claim or title to it , or any part of it . this answer is proper and fair ; nay it were unmannerly and ill done of the subject not so to answer upon this occasion . afterwards the king upon colour of some double or single matter of record , seiseth into his highness hands upon a pretended title , the subjects manor : the subject then exhibiteth his petition of right , or to his majesty , to attain restitution of his own manor , and therein layeth down title to his own manor onely ; were it not improper and absurd in this case for him to tell the king that he did not intend to make any claim or title to his majesties manors , which is not questioned ? doubtless it were . this case rightly applyed , will fit our purpose well , and notably explain the nature of our petition . why should we speak of leaving entire the kings soveraign power , whereon we incroach not , while we onely seek to recover our own liberties and priviledges , which have been seised upon by some of the kings ministers ? if our petition did trench actually upon his majesties prerogative , would our saying that we intended it not , make the thing otherwise then the truth ? my lords , there needeth no protestation or declaration to the contrary of that which we have not done ; and to put in such a clause , cannot argue less then a fear in us , as if we had invaded it ; which we hold sacred , and are assured that we have not touched either in our words , or in our intentions . and touching your lordships observation upon the word ( leave ) if it be not a proper word to give any new thing to the king , sure we are , it is a word as dangerous in another sense ; for it may amount without all question , to acknowledge an old right of soveraign power in his majesty , above these laws and statutes whereon onely our liberties are founded ; a doctrine which we most humbly crave your lordships leaves freely to protest against . and ●or your lordships proffering that some saving should be requisite for preservation of his majesties soveraign power , in respect our petition runneth in larger words then our laws and statutes whereon we ground it ; what is this but a clear co●●ession by our lordships , that this clause was intended by you to be that saving ? for other saving then this , we finde not tendred by you : and if it be such a saving , how can it stand with your lordships other arguments , that it should be of no other effect then our former expression to his majesty by the mouth of our speaker ? but i will not insist upon collections of this kinde ; i will onely shew you the reasons of the commons , why this petition needeth no such saving , albeit the words of these statutes be exceeded in the declaratory part of our petition : those things that are within the equity , and true meaning of a statute , are as good laws as those which are contained in the express letter , and therefore the statutes of the edw. h. . rot. par. n. . and other the statutes made in this time of king edw. . for the explanati●n of magna charta , which hath been so often vouched this parliament , though they differ in words from magna charta , had no saving annexed to any of them , because they inacted nothing more then was contained in effect : in that good law under the words , per legale judicium parium suorum , aut per legem terrae , which by these latter laws are expounded to import , that none should be put to answer without presentment , or matter of record , or by due process or writ original , and if otherwise , it should be void and holden for error . it hath not been yet shewen unto us from your lordships , that we have in any of our expressions or applications strained or misapplied any of the laws or statutes whereon we do insist , and we are very confident and well assured , that no such mistaking can be assigned in any point of our petition now under question : if therefore it do not exceed the true sense and construction of magna charta in the subsequent laws of explanation whereon it is grounded , what reason is there to adde a saving to this petition more then to those laws ? since we desire to transmit the fruits of these our labors to posterity , not onely for the justification of our selves in right of our present and their future liberties , but also for a brave expression and perpetual testimony of that grace and justice , which we assure our selves we shall receive in his majesties speedy and clear answer . this is the thing we seek for , and this the thing we hoped for , and this the thing onely will setle such an unity and confidence betwixt his majesty and us , and raise such a cheerfulness in the hearts of all his loving subjects , as will make us proceed unanimously and with all expedition to supply him for his great occasions in such measure , and in such way , as may make him safe at home , and feared abroad . sir henry martin took up the argument , and proceeded as to the rational part thereof . it is necessary to state the question rightly , and to set down the true difference between your lordships , and us . now indeed there is no difference or question between your lordships and us , concerning this additional clause in the nature and quality of a proposition ; for so considered , we say it is most true , and to be received and embraced by us , in toto & qualibet parte & qualibet syllaba , yea , and were that the question , we should adde to the addition , and in stead of due regard say we have had , have , and ever will have a special and singular regard , where to leave entire soveraign power : but this were to intimate , as if we had first cropt it , and then left it ; but our regard was to acknowledge and confess it sincerely , and to maintain it constantly , even to the hazard of our goods and lives , if need be . to which purpose your lordships may be pleased to remember that strict oath every member of our house hath taken this very session , in these words , i ( a. b. ) do utterly testifie and declare in my conscience , that the kings highness is the supreme or soveraign governor of this realm in all causes , &c. and to my utmost power will assist and defend all jurisdictions , priviledges , preheminencies and authorities , granted or belonging to the kings highness , or united or annexed to the imperial crown of this realm , &c. so that your lordships need not to borrow from our protestations any exhortations to us to entertain a writing in assistance of the kings soveraign power , since we stand obliged by the most sacred bond of a solemn oath , to assist and defend the same , if cause and occasion so required : so that the onely question between your lordships and us , is , whether this clause should be added to our petition , and received into it as part thereof , which to do your lordships reasons have not perswaded us , because so to admit it were to overthrow the fabrick and substance of our petition of right , and to annihilate the right pretended by us and the petition it self in effect : for these words being added to our petition ( viz. ) we humbly present this petition , &c. with due regard to leave entire your soveraign power , &c. do include manifestly an exception to our petition , and an exception being of the nature of the thing whereunto it is an exception , exceptio est de regula , must of necessity destroy the rule or petition , so far as to the case excepted : exceptio firmat regulam in casibus non exceptis , in casibus except is destruit regulam : then this construction followeth upon our petition thus enlarged , that after we have petitioned that no freeman should be compelled by imprisonment , to lend or contribute money to his majesty without his assent in parliament , nor receive against his will soldiers into his house , or undergo a commission of marshal law for life or member in time of peace , we should adde , except his majesty be pleased to require our monies , and imprison us for not lending , and send soldiers into our houses , and execute us by marshal law in time of peace , by vertue of his soveraign power : which construction , as it followeth necessarily upon this inlargement , so it concludeth against our right in the premises , and utterly frustrateth all our petition ; neither may it seem strange , if this clause additional ( which of it self in quality of a proposition we confess ) being added to our petition ( which also is true ) should overthrow the very frame and fabrick of it , seeing the logicians take knowledge of such a fallacy called by them , fallacia a bene divisis ad male conjuncta . horace the poet giveth an instance to this purpose , in a painter , who when he had painted the hea● of a man according to art , would then joyn to it the neck of a horse , and so mar the one and the other ; whereas each by it self might have been a piece of right good workmanship . the second branch of my lord keepe●s rational part , was enforc'd out of the last words of this addition , by which his lordship said that they did not leave intire all soveraign power , but that wherewith his majesty is trusted for the protection , safety and happiness of the people ; as if his lordship would infer , that soveraign power wherewith &c. in this place to be terminum diminuentem , a term of diminution or qualification , and in that consideration might induce us to accept it . but under his lordships correction , we cannot so interpret it : for first , we are assured that there is no soveraign power wherewith his majesty is trusted , either by god or man , but onely that which is for the protection , safety and happiness of his people ; and therefore that limitation can make no impression upon us : but we conceive it rather in this place to have the force termini adaugentis , to be a term of important advantage , against our petition , a term of restriction , and that wheresoever his majesties soveraign power should be exercised upon us , in all and every the particulars mentioned in the petition , we should without further enquiry submit thereunto , as assuming and taking it pro concesso , it induced to our safety and happiness , &c. since therefore ( as the petition is now conceived ) it carrieth the form and face of a picture , which representeth to the life the pressures and grievances of the people , with the easie remedies ; and therefore we hope that his majestie casting upon it a gracious eye , will compassionate his poor loyal subjects , and afford a comfortable answer . i do humbly pray your lordships not to mar or blemish the grace and face of this picture with this unnecessary addition ; and unnecessary i prove it to be , according to that rule , expressio ejus quod tacite inest nihil operatur . and soveraign power , in cases where it hath place , and ought to be used , is always necessarily understood , and though not expressed , yet supplyed by reasonable intendment , or by the opinion of all learned men . and therefore , as it neither is nor can be by us expresly included , especially in this petition , where the addition thereof would make such a confusion of the whole sense and substance . the kings soveraign power and prerogative is always able to save it self , and if it were not , we must without this addition save it to our utmost powers , if we will save our oath , and save our selves ; the true state of the cause thus standing between your lordships and us , the house of commons doth not a little marvel upon what grounds your lordships are so earnest to urge upon them this addition to be inserted into their petition , they nothing doubt but that the same proceeded out of a sollicitude and fear which your lordships have , lest otherwise the simple and absolute passage of this petition might be construed hereafter in prejudice of his majesties soveraign power : and this your lordships sollicitude and fear proceedeth from your love , as the poet saith , res est solliciti plena timoris amor. but i humbly pray your lordships to examine with us , the grounds of this your sollicitude and fear , which grounds needs must be laid either upon the words of the petition , or the intention of the petitioners . upon the words there is no possibility to lay them , for therein is no mention made of the soveraign power ; and were the words doubtful , as thus , we pray the like things be nor done hereafter under pretext of your majesties soveraign power ; yet in respect of the protestations preceding , concomitant and subsequent to the petition , such doubtful words ought reasonably to be interpreted onely of such soveraign power as was not appliable to the cases wherein it was exercised ; and of such soveraign power as should be justly practised : but there are no such doubtful words , and therefore it followeth , that your lordships fear and sollicitude must be grounded upon the intention of the petitioners . now your lordships well know , that the house of commons is not ignorant , that in a session of parliament , though it continue as many weeks as this hath done days , yet there is nothing prius & posterius , but all things are held and taken as done at one time ; if so , what a strange collection was this , that at the same time the house of commons should oblige themselves by a fearful adjuration to assist and defend all priviledges and prerogatives belonging to the king , and at the same time by a petition ( cautiously conveyed ) endeavor or intend to divest and deprive the king of some prerogatives belonging to his crown . if therefore such fear and sollicitude can neither be grounded upon the words of the petition , nor intention of the petitioners , i humbly pray your lordships to lay them aside ; as we do believe that the proposition of this addition from your lordships , was not onely excuseable , but commendable , as proceeding from your love : so now having heard our reasons , your lordships would rest satisfied , that our refusal to admit them into our petition , proceedeth from the conscience of the integrity and uprightness of our own hearts , that we in all this petition have no such end to abate or diminish the kings just prerogative . and so much in reply to that rational part whereby my lord keeper laboured to perswade the entertainment of this addition . this being done , it pleased the house of commons to instruct and furnish me with certain reasons which i should use to your lordships , to procure your absolute conjunction with us in presenting this petition , which albeit i cannot set forth according to their worth , and the instructions given me by the house , yet i hope their own weight will so press down into your lordships consciences and judgements , that without further scruple you will cheerfully vouchsafe to accompany this petition with your right noble presence . a personis . the first argument wherewith i was commanded to move your lordships , was drawn from the consideration of the persons which are petitioners , the house of commons ; a house whose temper , mildness and moderation in this parliament hath been such , as we should be unthankful and injurious to almighty god , if we should not acknowledge his good hand upon us , upon our tongues , upon our hearts , procured , no doubt , by our late solemn and publique humiliation and prayers . this moderation will the better appear , if in the first place we may be remembred in what passion and distemper many members of this house arrived thither , what bosoms , what pockets full of complaints and lamentable grievances the most part brought thither , and those every day renewed by letters and packets from all parts and quarters : you know the old proverb , ubi dolor ibi digitus , ubi amor ibi oculus , it is hard to keep our fingers from often handling the parts ill affected , but yet our moderation overcame our passion , our discretion overcame our affection . this moderation also will the better appear , if in the second place it be not forgotten how our ancestors and predecessors carried themselves in parliaments , when upon lighter provocations less would not serve their turns , but new severe commissions to hear and determine offences against their liberties , publique ecclesiastical curses , or excommunications against the authors or actors of such violations , accusations , condemnations , executions , banishments . but what have we said all this parliament ? we onely look forward , not backward : we desire amendment hereafter , no mans punishment for ought done heretofore ; nothing written by us in blood , nay , not one word spoken against any mans person in displeasure . the conclusion of our petition is , that we may be better intreated in time to come : and doth not this moderate petition deserve your lordships cheerful conjunction ex congruo & condigno ? if a worm being trodden upon , could speak , a worm would say , tread upon me no more i pray you : higher we rise not , lower we cannot descend , and thus much we think in modesty may well be spoken in our own commendation , thence to move your lordships to vouchsafe us your noble company in this petition , without surcharging it with this addition . a tempore . our next argument is drawn a tempore , from the unseasonableness of the time . the wise man saith , there is a time for all things under the sun , tempus suum , and if in the wise mans judgement , a word spoken in its due time be precious as gold and silver , then an unseasonable time detracts as much from the thing , or word , done , or spoken : we hold ( under your favors ) that the time is not seasonable now for this addition ; it is true that of it self soveraign power is a thing always so sacred , that to handle it otherwise then tenderly , is a kind of sacriledge , and to speak of it otherwise then reverently , is a kind of blasphemy ; but every vulgar capacity is not so affected , the most part of men , nay , almost all men judge and esteem all things not according to their own intrinsick vertue and quality , but according to their immediate effects and operations , which the same things have upon them : hence it is , that religion it self receiveth more or less credit or approbation , as the teachers or professors are worse or better ; yea , if god himself send a very wet harvest or seed-time , men are apt enough to censure divine power : the soveraign power hath not now , for the present , the ancient amiable aspect , in respect of some late sad influences , but by gods grace it will soon recover . to intermix with this petition any mention of soveraign power , rebus sic stantibus , when angry men say soveraign power hath been abused , and the most moderate wish it had not been so used , we hold it not seasonable , under your lordships correction . a loco . our next argument is drawn a loco : we think the place where your lordships would have this addition inserted ( viz. ) in the petition , no convenient or seasonable place ; your lordships will easily believe , that this petition will run through many hands , every man will be desirous to see and to read , what their knights and their burgesses have done in parliament upon their complaints , what they have brought home for their five subsidies ; if in perusing of this petition they fall upon the mention of soveraign power , they presently fall to arguing and reasoning , and descanting , what soveraign power is , what is the latitude , whence the original , and where the bounds ? with many such curious and captious questions ; by which course soveraign power is little advanced or advantaged ; for i have ever been of opinion , that it is then best with soveraign power when it is had in tacite veneration , not when it is profaned by publique hearings or examinations . our last argument is drawn from our duty and loyalty to his majesty , in consideration whereof we are fearful at this time to take this addition into our petition , lest we should do his majesty herein some disservice : with your lordships we make the great councel of the king and kingdom ; and though your lordships having the happiness to be near his majesty , know other things better , yet certainly the state and condition of the several parts for which we serve , their dispositions and inclinations , their apprehensions , their fears and jealousies , are best known unto us : and here i pray your lordships to give me leave to use the figure called reticentia , that is , to insinuate and intimate more then i mean to speak : our chief and principal end in this parliament , is to make up all rents and breaches between the king and his subjects , to draw them and knit them together , from that distance whereof the world abroad takes too much notice , to work a perfect union and reconciliation : how unproperly and unapt at this time this addition will be in respect of this end , we cannot but foresee , and therefore shun it , and do resolve , that it is neither agreeable to the persons of such counsellors , of whom we are , nor answerable to that love and duty which we owe to his majesty , to hazard an end of such unspeakable consequence , upon the admittance of this addition into our petition , whereof ( as we have shewed ) the omission at this time can by no means harm the kings prerogative , the expression may produce manifold inconveniences : and therefore since this admittance of your lordships addition into our petition , is incoherent and incompatible with the body of the same ; since there is no necessary use of it for the saving of the kings prerogative ; since the moderation of our petition deserveth your lordships cheerful conjunction with us ; since this addition is unseasonable for the time , and inconvenient in respect of the place where your lordships would have it inserted ; and lastly may prove a disservice to his majesty : i conclude with a most affectionate prayer to your lordships ▪ to conclude with the house of commons , in presenting this petition to his sacred majesty , as it is , without this addition . monday . of may , the lord keeper made this speech at a conference . gentlemen , ye that are knights , citizens , and burgesses of the house of commons , i have many times this parliament by command from my lords , declared the great zeal and affection which my lords have to maintain and nourish the good concurrence and correspondency which hath hitherto continued between both houses , that there might be a happy issue in this great business , for the common good of the king and kingdom . now that which i have to say this day from my lords , is to let you , know this fair proceeding is not a profession of words onely , but really and indeed concerning the petition which hath been long in agitation , as the weight of the cause required : since the last conference my lords have taken it into their serious and instant consideration , and at length are faln upon a resolution which i am to acquaint you with . the lords have unanimously agreed with you in omnibus , and have voted that they will joyn with you in your petition , with the onely alterations of the word ( means ) to be put in stead of the word ( pretext ) and for the word ( unlawful ) to be put out , and in place thereof to adde ( not warrantable by the laws and statutes of the realm ) which two alterations your selves consented unto . so that concerning this business there remains nothing now , but that ye having the petition in your hands will ( if ye have not already ) vote it as they have done , and so prepare it for his majesty , and my lords will take order , that the king be moved for a speedy access to present the same to his majesty . and after some pause he said , there rests one thing which my lords have commanded me to adde , that in regard this petition toucheth upon certain charges raised by the lords lieutenants , and other persons , many times for good use , for the service and safety of the kingdom , that ye take it into your care and consideration , and to provide a law for assessing of such charges , as the occasion of the time shall require . the lords and commons being thus happily accorded , the petition , with the aforesaid amendments , was read in the house two several times together : then it was voted upon question , and that it should be ingrossed , and read the third time , and the house to sit in the afternoon till it was ingrossed , and read , and ordered to be presented to the king , to which there was not a negative vote : and the bill of subsidie was also read the second time , and committed . wednesday may , the lords and commons had a conference about the maner of delivery of the petition , and sir edward cook reported , that their lordships were agreed that no addition or preface be used to the king , but that the petition be preferred to his majesty by command of the lords and commons , and his majesty be desired , that to the content of his people he would be pleased to give his gracious answer in full parliament . about this time mr. rouse brought in a charge against doctor ed. manwaring , which some days after was seconded with a declaration . mr. speaker , i am to deliver from the committee a charge against mr. manwaring , a preacher in divinity ; but a man so criminous , that he hath turned his titles into accusations , for the better they are , the worse is he that dishonors them . here is a great charge that lies upon him , it is great in it self , and great because it hath many great charges in it ; serpens qui serpentem devorat fit draco , his charge having digested many charges into it , becomes a monster of charges . the main and great one is this plot and practise , to alter and subvert the frame and fabrick of this estate and commonwealth . this is the great one , and it hath others in it that gives it more light . to this end , . he labors to infuse into the conscience of his majesty , the perswasion of a power not bounding it self with laws , which king james , of famous memory , calls in his speech to the parliament , tyranny , yea , tyranny accompanied with perjury . . he endeavors to perswade the conscience of the subjects , that they are bound to obey commands illegal , yea he damns them for not obeying them . . he robs the subjects of the propriety of their goods . . he brands them that will not lose this propriety with most scandalous speeches and odious titles , to make them both hateful to prince and people ; so to set a division between the head and the members , and between the members themselves . . to the same end not much unlike to faux and his fellows , he seeks to blow up parliaments and parliamentary powers . the fifth being duly viewed , will appear to be so many charges , and they make up all the great and main charge , a mischievous plot to alter and subvert the frame and government of this state and common-wealth . and now though you may be sure , that mr. manwaring leaves us no propriety in our goods , yet he hath an absolute propriety in this charge , here himself making up his own charge . here he read several passages out of his book , and then proceeded and said , you have heard his charge made up by his own words , and withall i doubt not but you seem to hear the voice of that wicked one ( quid dabitis ? ) what will you give me , and i will betray this state , kingdom , and commonwealth ? but there are two observations ( i might adde a third , which is like unto a threefold cord , which cannot be easily broken ) will draw the charge more violently upon him . the first is of the time when this doctrine of destruction was set forth ; it was preached in the heart of the loan , and it was printed in the beginning of that term which ended in a remittitur : so that you might guess there might be a double plot , by the law and conscience , to set on fire the frame and estate of this commonwealth : and one of these intailed foxes was mr. manwaring . another note may be taken of the time , that is , the unseasonableness of it ; for this doctrine of the loan ( in case of necessity ) was the year after an assent in parliament to four subsidies and three fifteens , which might serve for a sufficient stopple for the doctors mouth , to keep in his doctrine of necessity . a second observation may be of the means by which he seeks to destroy this commonwealth ; his means are divinity , yea by his divinity he would destroy both king and kingdom . the king : for there can be no greater mischief to a prince , then to put the opinion of deity into his ears ; for if from his ears ti should have passed to his heart , it had been mortal : you know how herod perished . now this man gives a participation of divine omnipotence to kings , and though a part may seem to qualifie , yet all doth seem again to fill up that qualification , and very dangerously , if we remember that god saith of himself , i am a jealous god. he goes about to destroy the kingdom and commonwealth by his divinity ; but do we finde in scripture such a destroying divinity ? surely i finde there , that god is a god of order , and not of confusion : and that the son of god came to save , and not to destroy . by which it seems he hath not his divinity from god , nor from the son of god : and that we may be sure he went to hell for divinity , he names sundry jesuits and fryers , with whom he consulted and traded for his divinity . but not to belye hell it self , the jesuits are honester then he : for if he had not brought more hell unto them then he found with them , he had not found this divinity in them which he hath brought forth ; yea in his quotations he hath used those shifts and falshoods for which boyes are to be whipt in schools , and yet by them he thinks to carry the cause of a kingdom . but for a conclusion , to give the true character of this man whom i never saw , i will shew it you by one whom i know to be contrary to him : samuel we know all to be a true prophet ; now we read of samuel , that he writ the law of the kingdom in a book , and laid it up before the lord. and this he did , as one of mr. manwarings own authors affirms , that the king may know what to command , and the people what to obey ; but mr. manwaring finding the law of this kingdom written in books , tears it in pieces , and that in the presence of the lord in a pulpit , that the king may not know what to command , nor the people what to obey . thus mr. manwaring being contrary to a true prophet , must needs be a false one , and the judgement of a false prophet belongs to him . i have shewed you an evil tree , that bringeth forth evil fruit ; and now it rests with you to determine whether the following sentence shall follow , cut it down , and cast it into the fire . about this time the mayor of plimouth certified to the burgesses serving for that town in parliament , the examination of le brun a frenchman , captain of the mary of rotchel , taken the of may . viz. the examinate saith , that on sunday being the of april last past , he departed from plimouth harbor in company with the english fleet , whereof the earl of denbigh is general : and on the first day of may , then following , the said fleet arrived and came at anchor at charleboy in the rode of rotchel about four of the clock in the afternoon ; where at the said arrival they found twenty sail of the king of france his ships , whereof six were ships of about tuns , and the rest were small sh●ps , and forthwith with the said french ships put themselves to sail , and went in nearer to the fortifications , where they also anchored within two canon shot of the english fleet , and saith , that one of his majesties ships shot off one piece of ordinance , and no more ; and that the said french ships , as they returned from the english fleet , shot off oftentimes to them , and that the same fleet remained there until the eighth day of the said moneth of may , in which time there was a wherry sent from the fleet into rotchel , wherein there were two english and one frenchman , to inquire the state of the said town ; and that if they were there safe arrived , they should make a fire upon one of the towers of the town to give notice thereof , which accordingly they did , and also to make so many fires more on the walls of the said town , as they have moneths victuals there ; but they made not any answer thereof , whence it was collected , that they had but a small quantity of victuals , and said , that the said english , as he hath heard , promised to sink the said french ships , when the waters did increase ; and the wind came at west-north-west , it being then neap-tides , and about two days after the waters did increase , and the winds came accordingly : and being then intreated to fight with them , yet did not , but came away without fighting or relieving the town , and saith , that on the eighth day of may the said english fleet weighed anchor , and set sail to depart ; and four of the french great ships weighed anchor also , and came after them , and shot divers times at the said fleet , and the said fleet shot at them again , and the said examinate came in company with the said fleet as far as bell isle , where he departed from them on the tenth of this instant ; and lastly saith , that during all the time the english fleet was there , the town of rotchel shot to the king of france his ships and fort , but chiefly upon the arrival of the said fleet there . this examination being communicated to the councel table , it procured this ensuing letter from the privy councel to the duke , dated the of may , . viz. whereas it is his majesties pleasure , that the earl of denbigh shall return back to relieve the town of rotchel , with the fleet under his charge : we do therefore pray your grace , to signifie this his majesties pleasure unto the said earl , and to give him special charge and direction so soon as the said fleet , or the greatest thereof shall be reassembled and joyned together ; then presently with the first opportunity of wind , taking into his charge also the ships stayed and prepared at portsmouth and plimouth , together with such fire ships and other vessels , as shall be provided for this expedition , to return to rotchel with all possible diligence , and do his best endevor to relieve the same ; letting his lordship know that order is taken for the victualling of the fleet by petty warrant , so long as it remaineth in harbor , for the sparing and lengthening of the sea victuals ; and if it so fall out , that the earl of denbigh do set forward on his voyage towards rotchel , before the whole fleet shall be joyned with him , we pray your grace to give him such direction , that he may leave order that the ships which are behind shall follow him with all speed . monday iune . the king came to the parliament , and spake thus in brief to both houses . gentlemen , i am come hither to perform my duty , i think no man can think it long , since i have not taken so many days in answering the petition , as ye spent weeks in framing it : and i am come hither to shew you , that as well in formal things as in essential , i desire to give you as much content as in me lies . after this the lord keeper spake as followeth . my lords , and ye the knights , citizens and burgesses of the house of commons , his majesty hath commanded me to say unto you , that he takes it in good part , that in consideration of setling your own liberties , ye have generally professed in both houses , that ye have no intention for to lessen or diminish his majesties prerogative ; wherein as ye have cleared your own intentions , so now his majesty comes to clear his , and to subscribe a firm league with his people , which is ever likely to be most constant and perpetual , when the conditions are equal , and known to be so : these cannot be in a more happy estate then when your liberties shall be an ornament and a strength to his majesties prerogative , and his prerogative a defence of your liberties ; in which his majesty doubts not but both he and you shall take a mutual comfort hereafter ; and for his part he is resolved to give an example in the using of his power for the preservation of your liberties , that hereafter ye shall have no cause to complain . this is the sum of that which i am to say to you from his majesty : and that which further remains is , that you hear read your own petition , and his majesties gracious answer . the petition exhibited to his majesty by the lords spiritual and temporal , and commons in this present parliament assembled , concerning divers rights and liberties of the subjects , with the kings majesties royal answer thereunto in full parliament . to the kings most excellent majesty . humbly shew unto our soveraign lord the king , the lords spiritual and temporal , and commons in parliament assembled , that whereas it is declared and enacted by a statute made in the time of the reign of king edward the first , commonly called , statutum de tallagio non concedendo , that no tallage or aide shall be laid or levied by the king or his heirs in this realm , without the good will and assent of the archbishops , bishops , earls , barons , knights , burgesses , and other the freemen of the commonalty of this realm : and by authority of parliament holden in the five and twentieth year of the reign of king edward the third , it is declared and enacted , that from thenceforth no person should be compelled to make any loans to the king against his will , because such loans were against reason , and the franchise of the land ; and by other laws of this realm it is provided , that none should be charged by any charge or imposition , called a benevolence , nor by such like charge , by which the statutes before mentioned , and other the good laws and statutes of this realm , your subjects have inherited this freedom , that they should not be compelled to contribute to any tax , tallage , aid , or other like charge , not set by common censent in parliament . yet nevertheless , of late divers commssions directed to sundry commissioners in several counties with instructions have issued , by means whereof your people have been in divers places assembled , and required to lend certain sums of money unto your majesty , and many of them upon their refusal so to do , have had an oath administred unto them , not warrantable by the laws or statutes of this realm , and have been constrained to become bound to make appearance and give attendance before your privy councel , and in other places , and others of them have been therefore imprisoned , consined , and sundry other ways molested and disquieted : and divers other charges have been layed and levied upon your people in several counties , by lords , lieutenants , deputy lieutenants , commissioners for musters , iustices of peace , and others by command or direction from your majesty or your privy councel , against the laws and free customs of the realm . and where also by the statute called , the great charter of the liberties of england , it is declared and enacted , that no freeman may be taken or imprisoned or be disseised of his freeholds or liberties , or his free customs , or be outlawed or exiled , or in any manner destroyed , but by the lawful iudgement of his peers , or by the law of the land. and in the eight and twentieth year of the reign of king edward the third , it was declared and enacted by authority of parliament , that no man of what estate or condition that he be , should be put out of his land or tenements , nor taken , nor imprisoned , nor disherited , nor put to death , without being brought to answer by due process of law. nevertheless , against the tenor of the said statutes , and other the good laws & statutes of your realm , to that end provided , divers of your subjects have of late been imprisoned without any cause shewed , and when for their deliverance they were brought before your iustices , by your majesties writs of habeas corpus , there to undergo and receive as the court should order , and their keepers commanded to certifie the causes of their detainer ; no cause was certified , but that they were detained by your majesties special command , signified by the lords of your privy councel , and yet were returned back to several prisons , without being charged with any thing to which they might make answer according to the law. and whereas of late great companies of soldiers and mariners , have been dispersed into divers counties of the realm , and the inhabitants against their wills have been compelled to receive them into their houses , and there to suffer them to sojourn , against the laws and customs of this realm , and to the great grievance and vexation of the people . and whereas also by authority of parliament , in the year of the reign of king edward the third , it is declared and enacted , that no man shall be forejudged of life or limb against the form of the great charter , and the law of the land : and by the said great charter and other the laws and statutes of this your realm , no man ought to be adjudged to death , but by the laws established in this your realm , either by the customs of the same realm , or by acts of parliament : and whereas no offender of what kinde soever is exempted from the proceedings to be used , and punishments to be inflicted by the laws and statutes of this your realm ; nevertheless of late divers commissions under your majesties great seal have issued forth , by which certain persons have been assigned and appointed commissioners with power and authority to proceed within the land , according to the iustice of martial law , against such soldiers and mariners , or other dissolute persons joyning with them , as should commit any murther , robbery , felony , mutiny , or other outrage or misdemeanor whatsoever , and by such summary course and order , as is agreeable to martial law , and is used in armies in time of war , to proceed to the tryal and condemnation of such offenders , and them to cause to be executed and put to death , according to the law martial . by pretext whereof , some of your majesties subjects have been by some of the said commissioners put to death , when and where , if by the laws and statutes of the land they had deserved death , by the same laws and statutes also they might , and by no other ought to have been adjudged and executed . and also sundry grievous offenders by colour thereof , claiming an exemption have escaped the punishments due to them by the laws and statutes of this your realm , by reason that divers of your officers , and ministers of iustice have unjustly refused , or forborn to proceed against such offenders according to the same laws and statutes , upon pretence , that the said offenders were punishable onely by martial law , and by authority of such commissions as aforesaid , which commissions , and all other of like nature , are wholly and directly contrary to the said laws and statutes of this your realm . they do therefore humbly pray your most excellent majesty , that no man hereafter be compelled to make or yield any gift , loan , benevolence , tax , or such like charge , without common consent by act of parliament ; and that none be called to make answer , or take such oath , or to give attendance , or he confined , or otherwise molested or disquieted concerning the same , or for refusal thereof : and that no freeman , in any such maner as is before mentioned , be imprisoned or detained : and that your majesty will be pleased to remove the said soldiers and mariners , and that your people may not be so burthened in time to come : and that the foresaid commissions for proceeding by martial law , may be revoked and annulled ; and that hereafter no commissions of like nature may issue forth to any person or persons whatsoever , to be executed as aforesaid , lest by colour of them any of your majesties subjects be destroyed or put to death , contrary to the laws and franchise of the land. all which they most humbly pray of your most excellent majesty , as their rights and liberties according to the laws and statutes of this realm : and that your majesty would also vouchsafe to declare , that the awards , doings , and proceedings to the prejudice of your people , in any of the premises , shall not be drawn hereafter into consequence or example : and that your majesty would be also graciously pleased , for the further comfort and safety of your people , to declare your royal will and pleasure , that in the things aforesaid all your officers and ministers shall serve you , according to the laws and statutes of this realm , as they tender the honor of your majesty , and the prosperity of this kingdom . which petition being read , the of june . the kings answer was thus delivered unto it . the king willeth that right be done according to the laws and customs of the realm ; and that the statutes be put in due execution , that his subjects may have no cause to complain of any wrong or oppressions , contrary to their just rights and liberties , to the preservation whereof , he holds himself in conscience as well obliged , as of his prerogative . on tuesday june . the king's answer was read in the house of commons , and seemed too scant , in regard of so much expence of time and labour as had been imployed in contriving the petition : whereupon sir iohn elliot stood up and made a long speech , wherein he gave forth so full and lively representation of all grievances , both general and particular , as if they had never before been mentioned . he reduced the cause of all our evils to five heads : our insincerity and doubling in religion , which he exemplified by the freedome and increase of papists ; by the composition with them in the north ; the slightness of those payments , and the easiness in them ; by the hopes , presumptions , and reports of all the papists generally ; by the disposition of commanders , the trust of officers , the confidence of secrecies of employments in this kingdom , in ireland , and elsewhere . . our want of councel , which sacrificed our honour and our men sent to the palatinate , stopping those greater supplies appointed for that service , by which it might have been made defensible ; this gave direction to that late expedition to ree , whose wounds are yet bleeding , by means whereof the protestants of france , and their king by a necessary consequence are divided , and that countrey so prepared against us , that we have nothing to promise our neighbours , hardly for our selves , insomuch as by the issue and success it may rather be thought a conception of spain , then begotten here by us . . the insufficiency and unfaithfulness of our generals witness first the expedition to cales , where we arrived and found a conquest ready ( viz. ) the spanish ships fit for the satisfaction of a voyage● either in point of honour , or in point of profit : why was it neglected ? why was it not atchieved , it being granted on all hands feasible ? when the whole army landed , why was there nothing attempted ? if nothing were intended , wherefore did they land ? if there were a service , why were they shipt again ? witness secondly that to ree , where the whole action was carried against the judgement and opinion of the officers , ( viz. ) those that were of the councel ; was not the first , was not the last , was not all , at land in the intrenching , in the continuance there , in the assault , in the retreat , without their assent ? to say nothing of leaving the wines and the salt which were in our possession , and of a value , as they say , to answer much of our expence ; nor of that wonder which no alexander or caesar ever did know , the enriching of an enemy by curtesies , when the souldiers want help , nor of the private entercourses and parlies with the fort , which continually were held ; what they intended , may be read in the success . . witness the last voyage to rotchel , which needs no observation , and is fresh in memory . . head is the ignorance and corruption of our ministers . survey the court , survey the countrey , the church , the city , the bar , the bench , the courts , the shipping , the land , the seas , all will yield variety of proofs : the exchequer is empty , the reputation thereof gone , the ancient lands are sold , the jewels pawn'd , the plate ingaged , the debt still great , almost all charges both extraordinary and ordinary by projects . . the oppression of the subject , it needs no demonstration , the whole kingdom is a proof , and that oppression speaks the exhausting of our treasures ; what waste of our provisions , what consumption of our ships , what destruction of our men have been ? witness the voyage to algier , witness that of mansfield , witness that to cales , witness the next , witness that to ree ; witness the last , witness the palatinate , witness the turks , witness the dunkirks , witness all ; we were never so much weakned , nor had less hopes how to be restored . these mr. speaker are our dangers , these are they do threaten us , and those are like that trojan horse , brought in cunningly to surprize us , in these do lurk the strongest of our enemies ready to issue on us , and if we do not now the more speedily expel them , these are the sign , the invitation to others . these will prepare their entrance , that we shall have no means left of refuge or defence ; for if we have these enemies at home , how can we strive with those that are abroad ? if we be free from these , no other can impeach us : our ancient english vertue , that old spartan valor cleared from these disorders , being in sincerity of religion once made friends with heaven , having maturity of councels , sufficiency of generals , incorruption of officers , opulency in the king , liberty in the people , repletion in treasures , restitution of provisions , reparation of ships , preservation : of men : our ancient english vertue thus rectified , i say , will secure us , and unless there be a speedy reformation in these , i know not what hopes or expectations we may have . these things , sir , i shall desire to have taken into consideration , that as we are the great councel of the kingdom , and have the apprehension of these dangers , we may truly represent them unto the king , wherein i conceive we are bound by a treble obligation of duty unto god , of duty to his majesty , and of duty to our countrey . and therefore i wish it may so stand with the wisdom and judgement of the house , that they may be drawn into the body of a remonstrance , and therein all humbly expressed with a prayer unto his majesty for the safety of himself , and for the safety of the kingdom , and for the safety of religion : that he will be pleased to give us time to make perfect inquisition thereof , or to take them into his own wisdom , and there give them such timely reformation , as the necessity of the cause and his justice doth import . and thus , sir , with a large affection and loyalty to his majesty , and with a firm duty and service to my countrey , i have suddenly , and it may be , with some disorder expressed the weak apprehension i have , wherein if i have erred , i humbly crave your pardon , and so submit to the censure of the house . it seemed to others not sutable to the wisdom of the house in that conjuncture , to begin to recapitulate those misfortunes which were now obvious to all , accounting it more discretion not to look back , but forward : and since the king was so near to meet him , that the happiness expected might not be lost : and these were for petitioning his majesty for a fuller answer . it was intimated by sir henry martin , that this speech of sir iohn elliot was suggested from disaffection to his majesty ; and there wanted not some who said , it was made out of some distrust of his majesties answer to the petition ; but sir iohn elliot protested the contrary , and that himself and others had a resolution to open these last mentioned grievances , to satisfie his majesty therein , onely they stayed for an opportunity : which averment of sir iohn elliots was attested by sir thomas wentworth , and sir robert phillips . whilst sir iohn elliot was speaking , an interruption was made by sir humphrey may , expressing a dislike ; but he was commanded by the commons to go on : and being afterward questioned for a passage in that speech , viz. that some actions seemed to be but conceptions of spain , he explained himself , that in respect of the affairs of denmark , the ingagement of that unfortunate accident of ree , he conceived was a conception of spain , rather then to have any motion from our councel here . in this debate sir edward cook propounded , that an humble remonstrance be presented to his majesty , touching the dangers and means of safety of king and kingdom : which resolution was taken by the house , and thereupon they turned themselves into a grand committee , and the committee for the bill of subsidies was ordered to expedite the said remonstrance . a message was brought from the king by the speaker . that his majesty having upon the petition , exhibited by both houses , given an answer full of justice and grace , for which we and our posterity have just cause to bless his majesty , it is now time to grow to a conclusion of a session , and therefore his majesty thinks fit to let you know , that as he doth resolve to abide by that answer , without further change or alteration , so he will royally and really perform unto you what he hath thereby promised : and further , that he resolves to end this session upon wednesday the of this moneth , and therefore wisheth that the house will seriously attend these businesses , which may best bring the session to a happy conclusion , without entertaining new matters , and so husband the time that his majesty may with the more comfort bring us speedily together again : at which time , if there be any further grievances not contained , or expressed in the petition , they may be more maturely considered then the time will now permit . after the reading of this message , the house proceeded with a declaration against doctor manwaring , which was the same day presented to the lords at a conference , betwixt the committees of both houses of parliament : and mr. pimm was appointed by the house of commons to manage that conference . the declaration of the commons against dr. manwaring , clerke and doctor in divinity . for the more effectual prevention of the apparent ruine and destruction of this kingdom , which must necessarily ensue , if the good and fundamental laws and customs therein established , should be brought into contempt and violated , and that form of government thereby altered , by which it hath been so long maintained in peace and happiness , and to the honor of our soveraign lord the king , and for the preservation of his crown and dignity : the commons in this present parliament assembled , do by this their bill shew , and declare against roger manwaring , clerk , dr. in divinity , that whereas by the laws and statutes of this realm , the free subiects of england do undoubtedly inherit this right and liberty , not to be compelled to contribute any tax , tollage , aid ; or to make any loans not set or imposed by common consent , by act of parliament . and divers of his majesties loving subjects relying upon the said laws and customes , did in all humility refuse to lend such sums of moneys , without authority of parliament , as were lately required of them . nevertheless he the said roger manwaring in contempt , and contrar● to the laws of this realm , hath lately preached in his majesties presence two several sermons , that is to say , the fourth day of july last one of the said sermons , and upon the . day of the same moneth the other of the said sermons ; both which sermons he hath since published in print in a book intituled religion and allegiance ; and with a wicked and malitious intention to seduce and misguide the conscience of the kings most excellent majesty , touching the observation of the laws and customes of this kingdom , and of the rights and liberties of the subjects , to incense his royal displeasure against his good subjects so refusing , to scandalize , subvert and impeach the good laws and government of this realm , and the authority of the high court of parliament , to alienate his royal heart from his people , and to cause jealousies , sedition and division in the kingdom . he the said roger manwaring doth in the said sermons and book perswade the kings most excellent majesty , first , that his majesty is not bound to keep and observe the good laws and customes of this realm , concerning the rights and liberties of the subjects aforementioned : and that his royal will and command in imposing loans , taxes and other aids upon his people without common consent in parliament , doth so far binde the consciences of the subjects of this kingdom , that they cannot refuse the same without peril of eternal damnation . secondly , that those of his majesties loving subjects which refused the loan aforementioned in such manner , as is before recited , did therein offend against the law of god , against his majesties supreme authority , and by so doing became guilty of impiety , dissoialty , rebellion and disobedience , and liable to many other taxes , and censures , which he in the several parts of his book doth most falsly and malitiously lay upon them . thirdly , that authority of parliaments is not necessary for the raising of aids and subsidies , that the slow proceedings of such assemblies are not fit for the supply of the urgent necessities of the state , but rather apt to produce sundry impediments to the just designs of princes , and to give them occasion of displeasure and discontent . all which the commons are ready to prove , not only by the general scope of the same sermons and book , but likewise by several clauses , assertions , and sentences therein contained ; and that he the said roger manwaring by preaching and publishing the sermons and book aforementioned , did most unlawfully abuse his holy function , instituted by god in his church for the guiding of the consciences of all his servants , and chiefly of soveraign princes and magistrates , and for the maintenance of the peace and concord betwixt all men , especially betwixt the king and his people , and hath thereby most grievously offended against the crown and dignity of his majesty , and against the prosperity and good government of this state and common-wealth . and the said commons by protestation saving to themselves the liberty of exhibiting at any time hereafter any other occasion or impeachment against the said roger manwaring , and also of replying to the answers which he the said roger shall make unto any of the matters contained in this present bill of complaint , and of offering further proof of the premises , or of any of them , as the cause according to the course of parliament shall require , do pray that the said roger manwaring may be put to answer to all and every the premises , and that such proceeding , examination , trial , judgement , and exemplary punishment may be thereupon had and executed , as is agreeable to law and iustice. this declaration ingrossed in parliament being read , mr. pym addressed himself to the lords in this manner . that he should speak to this cause with more confidence , because he saw nothing out of himself that might discourage him : if he considered the matter , the offences were of an high nature , of easie proof ; if he considered their lordships , who were the judges of their own interest , their own honour , the example of their ancestors , the care of their posterity , would all be advocates with him in this cause on the behalf of the commonwealth ; if he considered the king our soveraign ( the pretence of whose service and prerogative might perchance be sought unto as a defence and shelter for this delinquent ) he could not but remember that part of his majesties answer to the petition of right of both houses , that he held himself bound in conscience to preserve those liberties which this man would perswade him to impeach : he said further , that he could not but remember his majesties love to piety and justice manifested upon all occasions ; and he knew love to be the root , and spring of all other passions and affections . a man therefore hates , because he sees somewhat in that which he hates contrary to that which he loves ; a man therefore is angry , because he sees somewhat in that wherewith 〈◊〉 ●ngry , that gives impediment and interruption to the accomplishment of that which he loves . if this be so , by the same act of his apprehension , by which he believes his majesties love to piety and justice , he must needs believe his hate and detestation of this man , who went about to withdraw him from the exercise of both . then he proceeded to that which he said was the task enjoyned him , to make good every clause of that which had been read unto them : which that he might the more clearly perform , he prepounded to observe that order of parts unto which the said declaration was naturally dissolved . . of the preamble . . the body of the charge . . the conclusion or prayer of the commons . the preamble consisted altogether of recital ; first of the inducements upon which the commons undertook this complaint . the second of those laws and liberties against which the offence was committed . the third of the violation of those laws which have relation to that offence . from the connexion of all those recitals ( he said ) there did result three positions , which he was to maintain as the ground-work and foundation of the whole cause . the first , that the form of government in any state could not be altered without apparent danger of ruine to that state. the second , the law of england , whereby the subjects was exempted from taxes and loans not granted by common consent of parliament , was not introduced by any statute , or by any charter or sanction of princes , but was the antient and fundamental law issuing from the first frame and constitution of the kingdom . the third , that this liberty of the subject is not onely most convenient and profitable for the people , but most honourable , most necessary for the king , yea in that point of supply for which it was endeavored to be broken . the form of government is that which doth actuate and dispose every part and member of a state to the common good ; and as those parts give strength and ornament to the whole , so they receive from it again strength and protection in their several stations and degrees . if this mutual relation and intercourse be broken , the whole frame will quickly be dissolved , and fall in pieces , and in stead of this concord and interchange of support , whilest one part seeks to uphold the old form of government , and the other part to introduce a new , they will miserably consume and devour one another . histories are full of the calamities of whole states and nations in such cases . it is true , that time must needs bring some alterations , and every alteration is a step and degree towards a dissolution ; those things onely are eternal which are constant and uniform : therefore it is observed by the best writers upon this subject , that those commonwealths have been most durable and perpetual which have often reformed and recomposed themselves according to their first institution and ordinance ; for by this means they repair the breaches , and counterwork the ordinary and natural effect of time . the second question is as manifest , there are plain footsteps of those laws in ●he government of the saxons , they were of that vigor and force as to overlive the conquest , nay to give bounds and limits to the conqueror , whose victory gave him first hope ; but the assurance and possession of the crown he obtained by composition , in which he bound himself to observe these and the other antient laws and liberties of the kingdom , which afterwards he likewise confirmed by oath at his coronation : from him the said obligation descended to his successors . it is true , they have been often broken , they have been often confirmed by charters of kings , by acts of parliaments ; but the petitions of the subjects , upon which those charters and acts were founded , were ever petitions of right , demanding their antient and due liberties , not suing for any new . to clear the third position ( he said ) may seem to some men more a paradox , that those liberties of the subject should be so honorable , so profitable for the king , and most necessary for the supply of his majesty . it hath been upon another occasion declared , that if those liberties were taken away , there should remain no more industry , no more justice , no more courage ; who will contend , who will endanger himself for that which is not his own ? but he said he would not insist upon any of those points , nor yet upon other very important ; he said , that if those liberties were taken away , there would remain no means for the subjects , by any act of bounty or benevolence , to ingratiate themselves to their soveragn . and he desired their lordships to remember what profitable prerogatives the laws had appointed for the support of soveraignty ; as wardships , treasures trove , felons-goods , fines , amercements , and other issues of courts , wrecks , escheats , and many more too long to be enumerated ; which for the most part are now by charters and grants of several princes dispersed into the hands of private persons ; and that besides the antient demeasnes of the crown of england , william the conqueror did annex , for the better maintenance of his estate , great proportions of those lands , which were confiscate from those english which persisted to withstand him , and of these very few remain at this day in the kings possession : and that since that time the revenue of the crown had been supplied and augmented by attainders , and other casualties in the age of our fathers , by the dissolution of monasteries and chantries , neer a third part of the whole land being come into the kings possession : he remembred further that constant and profitable grant of the subjects in the act of tonnage and poundage : and all these he said were so alienated , anticipated , overcharged with annuities and assignments , that no means were left for the pressing and important occasions of this time , but the voluntary and free gift of the subjects in parliament . the hearts of the people , and their bounty in parliament , is the onely constant treasure and revenue of the crown , which cannot be exhausted , alienated , anticipated , or otherwise charged and incumbred . in his entrance into the second part he propounded these steps , by which he meant to proceed . . to shew the state of the cause , as it stood both in the charge and in the proof , that so their lordships might the better compare them both together . . to take away the pretences of mitigations and limitations of his opinions , which the doctor had provided for his own defence . . to observe those circumstances of aggravation , which might properly be annexed to his charge . . to propound some precedents of former times , wherein though he could not match the offence now in question ( for he thought the like before had never been committed ) yet he should produce such as should sufficiently declare , how forward our ancestors would have been in the prosecution , and condemning of such offences , if they had been then committed . the offence was prescribed in a double maner , first , by the general scope and intention , and by the matter and particulars of the fact , whereby that intention was expressed . in the description of the intention he observed six points , every one of which was a character of extreme malice and wickedness . . his attempt to misguide and seduce the conscience of the king. . to incense his royal displeasure against his subjects . . to scandalize , impeach and subvert the good laws and government of the kingdom , and authority of parliaments . . to avert his majesties minde from calling of parliaments . . to alienate his royal heart from his people . . to cause jealousies , sedition , and division in the kingdom . of these particulars ( he said ) he would forbear to speak further , till he should come to those parts of the fact , to which they were most properly to be applied . the materials of the charge were contrived into three distinct articles , the first of these comprehended two clauses . . that his majesty is not bound to keep and observe the good laws and customs of the realm , concerning the right and liberty of the subject to be exempted from all loans , taxes , and other aids laid upon them , without common consent in parliament . . that his majesties will and command in imposing any charges upon his subjects without such consent , doth so far bind them in their consciences , that they cannot refuse the same without peril of eternal damnation . two kinds of proof were produced upon this article . the first was from some assertions of the doctors , concerning the power of kings in general , but by necessary consequence to be applied to the king of england . the next kinde of proof was from his censures , and determinations upon the particular case of the late loan , which by necessity and parity of reason , were likewise applicable to all cases of the like nature . and lest by frailty of memory he might mistake the words , or invert the sense , he desired leave to resort to his paper , wherein the places were carefully extracted out of the book it self . and then he read each particular clause by it self , pointing to the page for proof , which we here forbear to mention , referring the reader to the book it self . then he proceeded and said , that from this evidence of the fact doth issue a clear evidence of his wicked intention to misguide and seduce the kings conscience , touching the observation of the laws and liberties of the kingdom , to scandalize and impeach the good laws and government of the realm , and the authority of parliaments , which are two of those characters of malice which he formerly noted , and now inforced thus : if to give the king ill counsel , in some one particular action , hath heretofore been heavily punished in this high court ; how much more hainous must it needs be thought by ill counsel to pervert and seduce his majesties conscience , which is the soveraign principle of all moral actions , from which they are to receive warrant for their direction before they be acted , and judgement for their reformation afterwards ? if scandalum magnatum , slander and infamy cast upon great lords and officers of the kingdom , have been always most severely censured ; how much more tender ought we to be of that slander and infamy , which is here cast upon the laws and government , from whence is derived all the honor and reverence , which is due to those great lords and magistrates ? all men ( and so the greatest and highest magistrates ) are subject to passions and partialities , whereby they may be transported into overhard injurious courses : which considerations may sometimes excuse , though never justifie the railing and evil speeches of men , who have been so provoked ; it being a true rule , that whatsoever gives strength and inforcement to the temptation in any sin , doth necessarily imply an abatement and diminution of guilt in that sin . but to slander and disgrace the laws and government , is without possibility of any such excuse , it being a simple act of a malignant will , not induced nor excited by any outward provocation : the laws carrying an equal and constant respect to all , ought to be reverenced equally by all . and thus he derived the proofs and inforcements , upon the first article of the charge . the second article he said contained three clauses . . that these refusers had offended against the law of god. . against the supreme authority . . by so doing , were become guilty of impiety , disloyalty , rebellion , disobedience , and lyable to many other taxes . for proof of all these ( he said ) he needed no other evidence then what might be easily drawn from those places which he had read already ; for what impiety can be greater , then to contemn the law of god , and to prefer humane laws before it ? what greater disloyalty , rebellion and disobedience , then to depress supreme authority , to tye the hands and clip the wings of soveraign princes ? yet he desired their lordships patience in hearing some few other places , wherein the stains and taint , which the doctor endeavored to lay upon the refusers , might appear by the odiousness of their comparisons , in which he doth labor to rank them . the first comparison is with popish recusants ; yet he makes them the worst of the two , and for the better resemblance , gives them a new name of temporal recusants . for this he alledgeth the . sermon , page , . and part of the fifth consideration , by which he would perswade them to yield to this loan . fifthly , if they would consider what advantage this their recusancy in temporals , gives to the common adversary , who for disobedience in spirituals , have hitherto alone inherited that name : for that which we our selves condemn in them for so doing , and profess to hate that religion which teacheth them so to do , that is , to refuse subjection unto princes in spirituals ; the same , if not worse , some of our side now ( if ours they be ) dare to practise . we must needs be argued of less conscience , and more ingratitude both to god and the king , if in temporal things we obey not : they in spirituals deny subjection , wherein they may perhaps frame unto themselves some reasons of probability , that their offence is not so hainous , if we in temporals shall be so refractory : what colour of reason can we possibly finde to make our defence withal , without the utter shaming of our selves , and laying a stain which cannot easily be washed out , upon that religion which his majesty doth so graciously maintain , and our selves profess ? the second comparison is with turks and jews , in the . sermon , page . what a paradox is , &c. what a turk will do for a christian , and a christian for a turk , and a jew for both , &c. the same and much less christian men should deny to a christian king. the third comparison is with corah , dathan and abiram , theudas and iudas , which is taken out of the second sermon , page . where he labors to deprive those refusers of all merit in their sufferings for this cause . corah , dothan and abiram , whom for their murmurings god suddenly sunk into hell fire , might as well alledge their sufferings had some resemblance with that of the three children , in the babylonian furnace ; and theudas and iudas the two incendiaries of the people in the days of caesars tribute , might as well pretend their cause to be like the maccabees . thus he ended the second article of the charge , upon which he said were imprinted other two of these six characters of malice formerly vented : that is , a wicked intention to increase his majesties displeasure against his good subjects so refusing , and to alienate his heart from the rest of his people : both which were points so odious , that he needed not to adde any further inforcement or illustration . the third article conteined three clauses . . that authority of parliament is not necessary for the raising of aids , and subsidies . . that the slow proceedings of such assemblies , are not fit to supply the urgent necessity of the state. . that parliaments are apt to produce sundry impediments to the just designs of princes , and to give them occasion of displeasure and discontent . for proof of all which he alledged two places , conteining the two first of those six considerations , which are propounded by the doctor , to induce the refusers to yield to the loan in the first sermon , page , . first , if they would please to consider , that though such assemblies as are the highest and greatest representations of a kingdom , be most sacred and honorable , and necessary also to those ends to which they were at first instituted : yet know we must that ordained they were not to this end , to contribute any right to kings , whereby to challenge tributary aids and subsidiary helps , but for the more equal imposing , and more easie exacting of that which unto kings doth appertain by natural and original law and justice , as their proper inheritance annexed to their imperial crowns from their birth . and therefore if by a magistrate that is supreme , if upon necessity , extreme and urgent , such subsidiary helps be required , a proportion being held respectively to the ability of the persons charged , and the sum and quantity so required surmount not too remarkably the use and charge for which it was levyed , very hard would it be for any man in the world , that should not accordingly satisfie such demands , to defend his conscience from that heavy prejudice of resisting the ordinance of god , and receiving to himself damnation ; though every of those circumstances be not observed , which by the municipal law is required . secondly , if they would consider the importunities that often may be urgent , and pressing necessaries of state , that cannot stay without certain and apparent danger , for the motion and revolution of so great and vast a body as such assemblies are , nor yet abide their long and pausing deliberation when they are assembled , nor stand upon the answering of those jealous and over-wary cautions and objections made by some , who wedded overmuch to the love of epidemical and popular errors , and bent to cross the most just and lawful designs of their wise and gratious soveraign ; and that under the plausible shews of singular liberty and freedom , which if their conscience might speak , would appear nothing more then the satisfying either of private humors , passions , or purposes . he said he needed not draw any arguments or conclusions from these places ; the substance of the charge appeared sufficiently in the words themselves , and to this third article he fixed two other of these six characters of malice , that it is his wicked intention to avert his majesties minde from calling of parliaments , and to cause jealousies , seditions , and divisions in the kingdom : which he shortly inforced thus . if parliaments be taken away , mischiefs and disorders must needs abound , without any possibility of good laws to reform them ; grievances will dayly increase without opportunity or means to redress them ; and what readier way can there be to distractions betwixt the king and people , to tumults and distempers in the state , then this ? and so he concluded this third article of the charge . the limitations whereby the doctor had provided to justifie ( or at least to excuse ) himself , were propounded to be three . . that he did not attribute to the king any such absolute power as might be exercised at all times , or upon all occasions , according to his own pleasure , but onely upon necessity , extreme and urgent . . that the sum required , must be proportionable to the ability of the party , and to the use and occasion . . that he did not say , that the substance of the municipal or national laws might be omitted or neglected , but the circumstances onely . to these were offered three answers , the first general , the other two particular . the general answer was this , that it is all one to leave the power absolute , and to leave the judgement arbitrary when to execute that power ; for although these limitations should be admitted , yet it is left to the king alone to determine , what is an urgent and pressing necessity , what is a just proportion both in respect of the ability , and of the use and occasion ; and what shall be said to be a circumstance , and what of the substance of the law ; and the subject is left without remedy : the legal bounds being taken away , no private person shall be allowed to oppose his own particular opinion in any of these points to the kings resolution ; so that all these limitations , though specious in shew , are in effect fruitless and vain . the first particular answer applied to that limitation of urgent necessity , was taken from the case of normandy , as it appears in the comentaries of guilme jermie upon the customary laws of that dutchy : they having been opprest with some grievances , contrary to this franchise , made their complaint to lewis the tenth , which by his charter in the year . acknowledging the right and custome of the countrey , and that they had been unjustly grieved , did grant and provide that from thence forward they should be free from all subsidies and exactions to be imposed by him and his successors , yet with this clause , si necessitie grand ne le requiret : which small exception has devoured all these immunities ; for though these states meet every year , yet they have little or no power left , but to agree to such levies as the king will please to make upon them . the second particular answer applied to the limitation and diminution of this power , which may be pretended to be made by this word circumstance , as if he did acknowledge the king to be bound to the substance of the law , and free onely in regard of the manner ; whereas if the places be observed , it will appear that he intends by that word , the assembly of parliaments , and assent of the people , such contribution which is the very substance of the right and liberty now in question . the circumstances of aggravation observed to be annexed to this cause were these . the first from the place where these sermons were preached ; the court , the kings own family , where such doctrine was before so well believed , that no man needed to be converted . of this there could be no end , but either simoniacal , by flattery and soothing to make way for his own preferment , or else extreme malitious , to add new afflictions to those who lay under his majesties wrath , disgraced and imprisoned , and to enlarge the wound which had been given to the laws and liberties of the kingdom . the second was from the consideration of his holy function : he is a preacher of gods word ; and yet he had endeavoured to make that which was the onely rule of justice and goodness , to be the warrant for violence and oppression . he is a messenger of peace , but he had endeavoured to sow strife and dissension , not onely amongst private persons , but even betwixt the king and his people , to the disturbance and danger of the whole state : he is a spiritual father , but like that evil father in the gospel , he hath given his children stones in stead of bread ; in stead of flesh he hath given them scorpions . lastly , he is a minister of the church of england , but he hath acted the part of a romish jesuit ; they labour our destruction by dissolving the oath of allegiance taken by the people ; he doth the same work , by dissolving the oath of protection and justice taken by the king. a third point of aggravation was drawn from the quality of these authors , upon whose authority he doth principally rely , being for the most part fryers and jesuits , and from his fraud and shifting in citing those authors to purposes quite different from their own meanings . touching which it was observed , that most of his places are such as were intended by the authors concerning absolute monarchies , not regulated by laws or contracts betwixt the king and his people ; and in answer to all authorities of this kinde were alledged certain passages of a speech from our late soveraign king iames to ●he lords and commons in parliament . in these our times we are to distinguish betwixt the state of kings in their first original , and between the state of setled kings and monarchs that do at this time govern in civil kingdoms , &c. every just king in a setled kingdom is bound to observe the paction made to his people by his laws , in framing his government agreeable thereunto , &c. all kings that are not tyrants or perjured , will be glad to bound themselves within the limits of their laws ; and they that perswade them to the contrary are vipers and pests , both against them and the commonwealth . it was secondly observed , that in the . page of his first sermon he cites these words out of suarez de legibus , lib. . cap. . acceptationem populi non esse conditionem necessariam ex vi iuris naturalis aut gentium , neque ex iure communi ; the jesuit adds , neque ex antiquo jure hispaniae ; which words are left our by the doctor , lest the reader might be invited to enquire what was antiqu●m jus hispaniae ; and it might have been learned from the same author in another place of that work , that about two hundred years since , this liberty was granted to the people by one of the kings , that no tribute should be imposed without their consent ; and the author adds further , that after the law introduced and confirmed by custome , the king is bound to observe it . from this place he took occasion to make this short digression , that the kings of spain being powerful and wise princes would never have parted with such a mark of absolute royalty , if they had not found in this course more advantage then in the other , and the success and prosperity of that kingdom , through the valor and industry of the spanish nation so much advanced since that time , do manifest the wisedom of that change . the third observation of fraud , in perverting his authors , was this , in the twentieth page of the first sermon he cites these words out of the same suarez de legibus , li. . ca. . fol. . tributa esse maximè naturalia , & prae se ferre justitiam , quia exiguntur de rebus propriis ; this he produceth in proof of the just right of kings to lay tributes . and no man that reads it doubts but that in suarez opinion the kings interest and propriety in the goods of his subjects is the ground of that justice ; but the truth is , that suarez in that chapter had distributed tributes into divers kinds , of which he calls one sort tributum reale , and describes it thus , solent ita vocari pensiones quaedam quae penduntur regibus , & principibus exteris & agris , quae a principio ad sustentationem illis applicata fuerunt , ipsi vero in feodum aliis ea donarunt sub certa pensione annua , quae jure civili canon appellari solet , quia certa regula & lege praescripta erat ; so that the issue is , this which suarez affirms for justification of one kinde of tribute , which is no more then a fee farm of rent due by reservation in the grant of kings own lands ; the doctor herein , worse then a jesuit , doth wrest to the justification of all kinds of tribute exacted by imposition upon the goods of the subjects , wherein the king had no interest or propriety at all . . the last aggravation was drawn from his behaviour since these sermons preached , whereby he did continue still to multiply and increase his offence , yea , even since the sitting of the parliament , and his being questioned in parliament ; upon the fourth of may last he was so bold as to publish the same doctrine in his own parish church of st. giles ; the points of which sermons were these . that the king had right to order all , as to him should seem good , without any mans consent . that the king might require in time of necessity aid ; and if the subjects did not supply , the king might justly avenge it . that the propriety of estate and goods was ordinarily in the subject : but extraordinarily , ( that is , in case of the kings need ) the king hath right to dispose them . these assertions in that sermon he said would be proved by very good testimony , and therefore desired the lords that it might be carefully examined , because the commons held it to be a great contempt to the parliament for him to maintain that so publikely which was here questioned . they held it a great presumption for a private divine to debate the right and power of the king , which is a matter of such a nature , as to be handled only in this high court , and that with moderation and tenderness ; and so he concluded that point of aggravation . in the last place he produced some such precedents as might testifie what the opinion of our ancestors would have been , if this case had fallen out in their time ; and herein he said he would confine himself to the reigns of the first three edwards , two of them princes of great glory ; he began with the eldest , westm. . ca. . by this statute . edw. . provision was made against those who should tell any false news , or devise , by which any discord or scandal may arise betwixt the king , his people , and great men of the kingdom . . edw. . rot. part . nu . . it was declared by the kings proclamation sent into all the counties of england , that they that reported that he would not observe the great charter were malitious people , who desired to put trouble and debate betwixt the king and his subjects , and to disturb the peace and good estate of the king , the people , and the realm . . edw. . inter novas ordinationes , henry de beamond for giving the king ill counsel against his oath , was put from the councel , and restrained for coming into the presence of the king under pain of confiscation and banishment . . edw. . clause minidors . commissions were granted to inquire upon the statute of w. . touching the spreading of news , whereby discord and scandal might grow betwixt the king and his people . . edw. . clause m. . proclamations went out to arrest all them who had presumed to report that the king would lay upon the wools certain sums besides the antient and due customes , where the king calls these reports exquisita mendacia , &c. quae non tantum in publicam laesionem , sed in nostrum cedunt damnum , & dedecus manifestum ▪ . edw. . rot. almaniae . the king writes to the archbishop of canterbury , excusing himself for some impositions which he had ●aid , professeth his great sorrow for it , desires the archbishop by indulgences and other ways to stir up the people to pray for him , hoping that god would enable him by some satisfactory benefit to make amends , and comfort his subjects for those pressures . to these temporal precedents of antient times which were alledged , he added an ecclesiastical precedent out of a book called pupilla oculi , being published for the instruction of confessors , in the title de participantibus cum excommunicatis , fol. . all the articles of magna charta are inserted with this direction , hos articulos ignorare non debent quibus incumbit confessiones audire infra provinciam cantuariensem . he likewise remembred the proclamation . iac. for the calling in and burning of doctor cowel's book , for which these reasons are given , for mistaking the true state of the parliament of the kingdom , and fundamental constitution and priviledges thereof : for speaking irreverently of the common law , it being a thing utterly unlawful for any subject to speak or write against that law under which he liveth , and which we are sworn and resolve to maintain . from these precedents he collected , that if former parliaments were so careful of false rumors and news , they would have been much more tender of such doctrines as these , which might produce true occasions of discord betwixt the king and his people . if those who reported the king would lay impositions , and break his laws , were thought such hainous offenders , how much more should this man be condemned , who perswaded the king he is not bound to keep those laws ? if that great king was so far from challenging any right in this kinde , that he professed his own sorrow and repentance for grieving his subjects with unlawful charges : if confessors were enjoyned to frame the consciences of the people to the observance of these laws , certainly such doctrine , and such a preacher as this , would have been held most strange , and abominable in all these times ? the third general part was the conclusion or prayer of the commons , which consisted of three clauses . first , they reserved to themselves liberty of any other accusation , and for this he said there was great reason , that as the doctor multiplied his offences , so they may renew their accusations . secondly , they saved to themselves liberty of replying to his answer , for they had great cause to think that he who shifted so much in offending , would shift much more in answering . thirdly , they desire he might be brought to examination and judgement ; this they thought would be very important for the comfort of the present age , for security of the future against such wicked and malitious practises ; and so he concluded , that seeing the cause had strength enough to maintain it self , his humble suit to their lordships was , that they would not observe his infirmities and defects , to the diminution or prejudice of that strength . not long after the commons , by their speaker , demanded judgement of the lords against the doctor ; who not accounting his submission with tears and grief , a satisfaction for the great offence wherewith he stood charged , gave this sentence . . that dr. manwaring doctor in divinity shall be imprisoned , during the pleasure of the house . . that he be fined one thousand pounds to the king. . that he shall make such submission and acknowledgement of his offences , as shall be set down by a committee in writing , both at the bar and in the house of commons . . that he shall be suspended for the time of three years from the exercise of the ministery , and in the mean time a sufficient preaching minister shall be provided out of his livings to serve the cure : this suspension and provision to be done by the ecclesiastical jurisdiction . . that he shall be hereafter disabled to have any ecclesiastical dignity , or secular office. . that he shall be for ever disabled to preach at the court hereafter . . that his said book is worthy to be burnt , and that for the better effecting of this , his majesty may be moved to grant a proclamation to call in the said books , that they may be all burnt accordingly , in london , and both the universities , and for the inhibiting the printing thereof , upon a great penalty . doctor manwarings submission was in these words ; may it please this honorable house , i do here in all sorrow of heart and true repentance , acknowledge the many errors and indiscretions which i have committed , in preaching and publishing those two sermons of mine , which i called religion and allegiance ; and my great fault in falling upon this theame again , and handling the same rashly and unadvisedly in my own parish church of st. giles in the fields , the fourth of may last past . i do humbly acknowledge those three sermons to have been full of many dangerous passages , inferences , and scandalous aspersions in most part of the same ; and i do humbly acknowledge the justice of this honorable house , in that judgement and sentence passed upon me for my great offence ; and i do from the bottom of my heart crave pardon of god , the king , and this honorable house , and the church , and this common-wealth in general , and those worthy persons adjudged to be reflected upon by me , in particular , for these great errors and offences . roger manwaring . another message was brought from his majesty by the speaker , tuesday of june . his majesty wished them to remember the message he last sent them , by which he set a day ▪ for the end of this session , and he commanded the speaker to let them know , that he will certainly hold that day prefixed without alteration ; and because that cannot be , if the house entertain more business of length , he requires them that they enter not into or proceed with any new business , which may spend greater time , or which may lay any scandal or aspersion upon the state-government , or ministers thereof . sir robert phillips upon this occasion expressed himself thus : i perceive that towards god and towards man , there is little hope after our humble and careful endeavors , seeing our sins are many and so great : i consider my own infirmities , and if ever my passions were wrought upon , then now , this message stirs me up especially ; when i remember with what moderation we have proceeded , i cannot but wonder to see the miserable straight we are now in : what have we not done to have merited ? former times have given wounds enough to the peoples liberty , we came hither full of wounds , and we have cured what we could , and what is the return of all , but misery and desolation ? what did we aim at , but to have served his majesty , and to have done that that would have made him great and glorious ? if this be a fault , then we are all criminous : what shall we do , since our humble purposes are thus prevented , which were not to have laid any aspersion on the government , since it tended to no other end but to give his majesty true information of his and our danger ? and to this we are enforced out of a necessity of duty to the king , our countrey , and to posterity ; but we being stopped , and stopped in such maner , as we are enjoyned , so we must now leave to be a councel . i hear this with that grief , as the saddest message of the greatest loss in the world ; but let us still be wise , be humble , let us make a fair declaration to the king. our sins are so exceeding great ( said sir iohn elliot ) that unless we speedily return to god , god will remove himself further from us ; ye know with what affection and integrity we have proceeded hitherto , to have gained his majesties heart , and out of a necessity of our duty were brought to that course we were in : i doubt a misrepresentation to his majesty hath drawn this mark of his displeasure upon us : i observe in the message amongst other sad particulars , it is conceived that we were about to lay some aspersions on the government ; give me leave to protest , that so clear were our intentions , that we desire onely to vindicate those dishonors to our king and countrey , &c. it is said also , as if we cast some aspersions on his majesties ministers , i am confident no minister , how dear soever , can — here the speaker started up from the seat of the chair , apprehending sir iohn elliot intended to fall upon the duke , and some of the ministers of state ; said , there is a command laid upon me , that i must command you not to proceed : whereupon sir iohn elliot sat down . i am as much grieved as ever , said sir dudley diggs ; must we not proceed ? let us sit in silence , we are miserable , we know not what to do . hereupon there was a sad silence in the house for a while , which was broken by sir nathaniel rich , in these words : we must now speak , or for ever hold our peace ; for us to be silent when king and kingdom are in this calamity , is not fit . the question is , whether we shall secure our selves by silence , yea or no ? i know it is more for our own security , but it is not for the security of those for whom we serve ; let us think on them : some instruments desire a change , we fear his majesties safety , and the safety of the kingdom , i do not say we now see it , and shall we now sit still and do nothing , and so be scattered ? let us go together to the lords , and shew our dangers , that we may then go to the king together . others said , that the speech lately spoken by sir iohn elliot , had given offence ( as they feared ) to his majesty . whereupon the house declared , that every member of the house is free from any undutiful speech , from the beginning of the parliament to that day ; and ordered , that the house be turned into a committee , to consider what is fit to be done for the safety of the kingdom ; and that no man go out , upon pain of going to the tower : but before the speaker left the chair , he desired leave to go forth ; and the house ordered that he may go forth , if he please . and the house was hereupon turned into a grand committee , mr. whitby in the chair . i am as full of grief as others , said mr. wandesford , let us recollect our english hearts , and not sit still , but do our duties ; two ways are propounded , to go to the lords , or to the king ; i think it is fit we go to the king , for this doth concern our liberties , and let us not fear to make a remonstrance of our rights ; we are his counsellors ; there are some men which call evill good , and good evil , and bitter sweet : justice is now called popularity and faction . then sir edw. cook spake freely , we have dealt with that duty and moderation that never was the like , rebus sic stantibus , after such a violation of the liberties of the subject ; let us take this to heart . in . e. . were they then in doubt in parliament to name men that misled the king ? they accused iohn de gaunt , the kings son , and lord latimer , and lord nevel , for misadvising the king , and they went to the tower for it ; now when there is such a downfal of the state , shall we hold our tongues ? how shall we answer our duties to god and men ? . h. . parl. rot. numb . , & . . h. . numb . . there the councel are complained of , and are removed from the king ; they mewed up the king , and disswaded him from the common good ; and why are we now retrived from that way we were in ? why may we not name those that are the cause of all our evils ? in . h. . & . e. . & . r. . the parliament moderateth the kings prerogative , and nothing grows to abuse , but this house hath power to treat of it : what shall we do ? let us palliate no longer ; if we do , god will not prosper us . i think the duke of buckingham is the cause of all our miseries , and till the king be informed thereof , we shall never go out with honour , or sit with honour here ; that man is the grievance of grievances : let us set down the causes of all our dysasters , and all will reflect upon him . as for going to the lords , that is not via regia ; our liberties are now impeached , we are concerned ; it is not via regia , the lords are not participant with our liberties . mr. selden advised that a declaration be drawn under four heads . . to express the houses dutiful carriage towards his majesty . . to tender their liberties that are violated . . to present what the purpose of the house was to have dealt in . . that that great person , viz. the duke , fearing himself to be questioned , did interpose and cause this distraction . all this time ( said he ) we have cast a mantle on what was done last parliament , but now being driven again to look on that man , let us proceed with that which was then well begun , and let the charge be renewed that was last parliament against him , to which he made an answer , but the particulars were sufficient , that we might demand judgement on that answer onely . in conclusion , the house agreed upon several heads concerning innovation in religion , the safety of the king and kingdom , misgovernment , misfortune of our late designs , with the causes of them ; and whilest it was moving to be put to the question , that the duke of buckingham shall be instanced to be the chief and principal cause of all those evils , the speaker ( who after he had leave to go forth , went privately to the king ) brought this message , that his majesty commands for the present they adjourn the house till to morrow morning , and that all committees cease in the mean time . and the house was accordingly adjourned . at the same time the king sent for the lord keeper to attend him presently ; the house of lords was adjourned ad libitum ; the lord keeper being returned , and the house resumed , his lordship signified his majesties desire , that the house and all committees be adjourned till to morrow morning . after this message was delivered , the lords house fearing a sudden dissolution , fell into consideration of the weak estate of the kingdom , and of our friends and allies abroad ; of the great strength of the house of austria , and the king of spains ambition , aspiring to an universal monarchy , and his present great preparations for war. hereupon the house was moved to name a select committee , to represent these things to his majesty , with the danger like to insue to this kingdom , if the parliament be dissolved without a happy conclusion . but being satisfied by the lords of the privy councel , that there was no such cause of fear , as the house apprehended , the naming of a committee was for that time deferred . having met in our collections with a letter of mr. allureds , to old mr. chamberlain of the court of wards ; and being a concurrent proof to the passages this day in the house ; we have thought fit here to mention it , viz. sir , yesterday was a day of desolation among us in parliament , and this day we fear will be the day of our dissolution : upon tuesday sir john elliot mo●ed , that as we intended to furnish his majesty with money , we should also supply him with counsel , which was one part of the occasion why we were sent by the countrey , and called for by his majesty ; and since that house was the greatest councel of the kingdom , where , or when should his majesty have better counsel then from thence ; so he desired there might be a declaration made to the king of the danger wherein the kingdom stood by the decay and contempt of religion , the insufficiency of his generals , the unfaithfulness of his officers , the weakness of his councels , the exhausting of his treasure , the death of his men , the decay of trade , the loss of shipping , the many and powerful enemies , the sew and the poor friends we had abroad . in the enumerating of which , the chancellor of the dutchy said it was a strange language , yet the house commanded sir john elliot to go on , then the chancellor desired if he went on , that himself might go out , whereupon they all bad him begon , yet he stayed and heard him out , and the house generally inclined to such a declaration to be presented in an humble and a modes● manner , not prescribing the king the way , but leaving it to his iudgment for reformation ; so the next day , being wednesday , we had a message from his majesty by the speaker that the session should end on wednesday , and that therefore we should husband the time , and dispatch the old businesses without entertaining new intending to pursue their declaration , they had this message yesterday morning brought them which i have here inclosed sent you , which requiring not to cas● or lay any aspersion upon any minister of his majesty , the house was much affected to be so restrained , since the house in former times had proceeded by finding and committing , john of gaunt the kings son and others , and of late have medled with , and sentenced the lord chancellor bacon , and the lord treasurer cranfield . then sir robert philips spake and mingled his words with weeping , mr. prynne did the like , and sir edward cook , overcome with passion , seeing the desolation likely to ensue , was forced to sit down when he began to speak through the abundance of tears , yea the speaker in his speech could not refrain from weeping and shedding of tears , besides a great many whose great griefs made them dumb and silent , yet some bore up in that storm and incouraged others ; in the end they desired the speaker to leave the chair , and mr. whitby was to come into it , that they might speak the freer and the frequenter , and commanded no man to go out of the house upon pain of going to the tower ; then the speaker humbly and earnestly besought the house to give him leave to absent himself for half an hour , presuming they did not think he did it for any ill intention ; which was instantly granted him : then upon many debates about their liberties hereby infringed , and the eminent danger wherein the kingdom stood ; sir edward cook told them , he now saw god had not accepted of their humble and moderate carriages and fair proceedings , and the rather , because he thought they dealt not sincerely with the king , and with the countrey in making a true representation of the causes of all these miseries , which now he repented himself since things were come to this pass , that he did it not sooner , and therefore he not knowing whether ever he should speak in this house again would now do it freely , and there protested that the author and cause of all those miseries was the duke of buckingham , which was entertained and answered with a chearful acclamation of the house , as when one good hound recovers the scent , the rest come in with a full cry : so they pursued it , and every one came on home , and laid the blame where they thought the fault was , and as they were voting it to the question whether they should name him in their intended remonstrance , the sole or the principall cause of all their miseries at home and abroad : the speaker having been three hours absent , and with the king , returned with this message ; that the house should then rise ( being about eleven a clock , and no committees stould sit in the afternoon ) till to morrow morning ; what we shall expect this morning god of heaven knows . we shall meet timely this morning , partly for the businesse sake , and partly because two days since we made an order , that whosoever comes in after prayers , payes twelve pence to the poor . sir , excuse my hast , and let us have your prayers , whereof both you , and we have here need : so inscribling haste i rest affectionately at your service thomas alured . this . of june . the message mentioned in this letter of the . of iune , is already before expressed . friday . iune . mr. speaker brings another message from the king the day following . in my service to this house i have had many undeserved favours from you , which i shall ever with all humbleness acknowledge , but none can be greater then that testimony of your confidence yesterday shewed unto me , whereby i hope i have done nothing , or made any representation to his majesty , but what is for the honour and service of this house , and i will have my tongue cleave to my mouth , before i will speak to the disadvantage of any member thereof , i have now a message to deliver unto you . whereas his majesty understanding that ye did conceive his last message to restrain you in your just priviledges , to complain of any of his ministers , these are to declare his intentions , that he had no meaning of barring you from what hath been your right , but only to avoid all scandals on his councel and actions past , and that his ministers might not be , nor himself under their names taxed for their counsel unto his majesty , and that no such particulars should be taken in hand as would ask a longer time of consideration then what he hath prefixed , and still resoves to hold , that so for this time all christendom might take notice of a sweet parting between him , and his people : which if it fall out , his majesty will not be long from another meeting , when such ( if there be any ) at their leisure and convenience may be considered . mr. speaker proceeded . i will observe somewhat out of this message , ye may observe a great inclination in his majesty to meet in this house . i was bold yesterday to take notice of that liberty ye gave me to go to his majesty . i know there are none here but did imagine whither i went , & but that i knew ye where desirous and content that i should leave you , i would not have desired it , give me leave to say , this message bars you not of your right in matter , nay not in manner , but it reacheth to his councels past , and for giving him councel in those things which he commanded . it is not his majesties intentions to protect any abetter of spain . the end of this was that we might meet again sweetly and happily . the house of lords likewise received this message by the lord keeper . my lords , his majestie takes notice to your great advantage of the proceedings of this house upon the hearing of his majesties message yesterday ; he accounts it a fair respect that ye would neither agree of any committee , or send any message to his majesty , though it were in your own hearts , but yeild your selves to his majesties message , and defer your own resolutions till you meet again at the time appointed by his majesty . yet his majesty takes it in extream good part to hear what was in your heart , and especially that ye were so sensible of the inconvenience that might ensue upon the breach of this parliament . which if it had happened , or shall hereafter happen , his majesty assures himself , that he shall stand clear before god and men of the occasion . but his majesty saith ye had just cause to be sensible of the danger , considering how the estate of christendom now stands in respect of the multitude and strength of our enemies , and weakness on our part . all which his majesty knows very exactly , and in respect therereof called this parliament , the particulars his majesty holds it needless to recite , especially to your lordships , since they are apparant to all men ; neither will it be needfull to reiterate them to his majesty , whose cares are most intentive upon them , and the best remedy that can be thought on therein is , if his subjects do their parts . therefore his majesty gives you hearty thanks , and bad me tell you that nothing hath been more acceptable to him all the time of this parliament , then this dutiful and discreet carriage of your lordships , which he professeth hath been a chief motive to his majesty to suspend those intentions that were not far from a resolution . sir robert philips assumed the debate upon the message delivered by the speaker , and said ; i rise up with a disposition somewhat in more hope of comfort then yesterday , yet in regard of the uncertainty of councels , i shall not change much : in the first place i must be bold without flattering , a thing nor incident to me to tell you ( mr. speaker ) you have not only at all times discharged the duty of a good speaker , but of a good man , for which i render you many thanks . another respect touching his majesties answer to our petition , first if that answer fall out to be short , i free his majesty , and i believe his resolution was to give that that we all expected ; but in that , as in others , we have suffered by reason of interposed persons between his majesty and us ; but this day is by intervenient accidents diverted from that , but so , as in time we go to his majesty : therefore let us remove those jealousies in his majesty of our proceedings , that by som● men over-grown have bin mispresented : we have proceeded with temper in confidence of his majesties goodness to us , and our fidelity to him and if any have construed that what we have done hath been out of feare , let him know we came hither free men , and will ever resolve to endure the worst , and they are poor men that make such interpretations of parliaments ; in this way and method we proceeded , and if any thing fall out unhappily , it is not king charles that advised himself , but king charles misadvised by others , and misled by misordered councel , it becomes us to consider what we were doing , and now to advise what is fit to be done . we were taking consideration of the state of the kingdome , and to present to his majesty the danger he and we are in , i● since any man hath been named in particular ( though i love to speak of my betters with humility ) let him thank himself and his councels , but those necessary jealousies gives us occasion to name him ; i assure my self we shall proceed with temper , and give his majesty satisfaction if we proceed in that way ; his majesties message is now explanatory in point of our liberties , that he intends not to barre us of our rights , and that he would not have any aspersion cast on the councels past , let us present to his majesty shortly and faithfully , and declare our intentions that we intend not to lay any aspersion upon him , but out of a necessity to prevent the eminent dangers we are surrounded with , and to present to him the affaires at home and abroad , and to desire his majesty that no interposition of mis-information of men in fault may prevaile , but to expect the issue that shall be full of duty and loyalty . the commons sent a message to the lords , that they would joyne in an humble request to the king , that a clear and satisfactory answer be given by his majesty in full parliament to the petition of right , whereunto the lords did agree . afterward the house was turned again into a committee , and considered of some more heads to be inserted into the declaration or remonstrance , as the designe to bring into this nation forreign forces under the command of dolbeir ; and burlemack was called into the house , who confessed he received thirty thousand pound by privy seal for the buying of horses , that one thousand of them are levied , that those horse and their riders are to come over , and armes are provided for them in holland , but he ●eares a countermand is gone to stay them . the privy seal is in these words . charles by the grace of god , king of england , scotland , france and ireland , defender of the faith , &c. to the treasurer , and under treasurer for our exchequer for the time being , greeting ; we do hereby will and command you out of our treasury remaining in the receipt of our said exchequer , forthwith to pay , or cause to be paid unto philip burlemack , of london merchant , the summe of thirty thousand pounds to be paid by him over by bill of exchange into the low-countreys , and germany , unto our trusty and well-beloved sir vvilliam balfoure knight , and iohn dolbier esquire , or either of them for levying and providing certain numbers of horses , with armes for horse and foot , to be brought over into this kingdome for our service , viz. for the levying and transporting of one thousand horse , fifteen thousand pounds ; for five thousand muskets , five thousand corslets , and five thousand pikes , ten thousand five hundred pounds ; and for one thousand curaseers compleat , two hundred corslets , and carbines , four thousand five hundred pounds , amounting in the whole to the said summe of thirty thousand pounds . and this our letter shall be your sufficient warrant , and discharge in this behalf . given under our privy seal at our palace of westminster the th . of ianuary , in the third year of our reign . iune the seventh , the king came to the lords house , and the house of commons were sent for . and the lord keeper presented the humble petition of both houses , and said , may it please your most excellent majesty , the lords spiritual and temporal , and commons in parliament assembled , taking into consideration that the good intelligence between your majesty and your people doth much depend upon your majesties answer unto their petition of right formerly presented . with unanimous consent do now become most humble suitors unto your majesty , that you would be pleased to give a clear and satisfactory answer thereunto in full parliament . whereunto the king replyed . the answer i have already given you was made with so good deliberation , and approved by the judgements of so many wise men , that i could not have imagined but it should have given you full satisfaction ; but to avoid all ambiguous interpretations , and to shew you there is no doublenesse in my meaning , i am willing to pleasure you as well in words as in substance , read your petition , and you shall have an answer that i am sure will please you . the petition was read , and this answer was returned : soit droit fait come il est desire . c. r. this i am sure ( said his majesty ) is full , yet no more then i granted you in my first answer , for the meaning of that was to confirm your liberties ; knowing according to your own protestations , that ye neither meane , nor can hurt my prerogative . and i assure you my maxime is , that the peoples liberties strengthen the kings prerogative , and the kings prerogative is to defend the peoples liberties . you see how ready i have shewed my self to satisfie your demands , so that i have done my part ; wherefore if this parliament have not a happy conclusion , the sin is yours , i am free from it . whereupon the commons returned to their own house with unspeakable joy , and resolved so to proceed as to expresse their thankfulnesse ; and now frequent mention was made of proceeding with the bill of subsidies , of sending the bills ( which were ready ) to the lords , of perfecting the bill of tunnage and poundage , and sir iohn strange●●ies also expressed his joy at the answer , and further added , let us perfect our remonstrance ; king iames was wont to say , he kn●w that by parliaments which otherwise he could never have known . after the granting of the petition of right , the house ordered that the grand committees for religion , trade , grievances , and courts of justice , to sit no longer , but that the house proceed only in the consideration of grievances of most moment , and first they fell upon the commission for excise , and sent to the lord keeper for the same , who returned answer that he received warrant at the councel table for the sealing thereof , and when it was sealed , he carried it back to the councel table . the commission being sent , it was read in the house , viz. charles , by the grace of god , king of england , scotland , france and ireland , defender of the faith , &c. to sir thomas coventry knight , lord keeper of the great seale of england ; to james earl of malburg , lord high treasurer or england , henry earl of manchester , lord president of our councel , edward earl of worcester , lord keeper of our privy seal ; george duke of buckingham , lord high admiral of england , william e. of pembrook , lord steward of our houshold ; philip earl of mountgomery , lord chamberlain of our houshold , theophilus earl of suffolk , edward earl of dorset , william earl of salisbury , thomas earl of exeter , john earl of bridgwater , james earl of carlisle , henry earl of holland , william earl of denbigh , george earl of totnes , sir george hay kt. lord chancellor of scotland , william earl of morton , thomas earl of kelley , thomas earl of mellers , edward uiscount conway , one of our principal secretaries of state ; edward uiscount wimbleton , oliver uiscount grandison , henry falkland lord deputy of ireland ; to the lord bp. of winchester , wil. lord bp. of bath and wells , fulk lo. brook , dudley ash , lord carlton , uice chamberlain of our houshold ; sir thomas edmonds treasurer of our houshold , sir john savil controler of our houshold , sir robert nanton master of the court of wards , sir john cook one of the principal secretaries of state , sir richard weston chancellour , and under treasurer of our exchequer , julius caesar master of the rolls , and sir humphrey may kt. chancellour of our dutchy of lancaster , greeting . whereas the pres●nt conjuncture of the general affairs of christendom , and our own particular interest , in giving assistance unto our oppressed allies , and for providing for the defence and safety of our own dominions , and people , do call upon us to neglect nothing that may conduce to those good ends ; and because monies ( the principal sin●ws of war , and one of the first and chiefest movers in all great preparations and actions ) are necessary to be provided in the first place , and we are carefull the same may be raised by such ways as may best stand with the state of our kingdoms , and subjects , and yet may answer the pressing occasions of the present times : we therefore , out of the experience we have had , and for the trust we repose in your wisdoms , fidelities , and dutifull care of your service ; and for the experience we have of all great causes concerning us , and our state , both as they have relation to foraine parts abroad , and as to our common-wealth , and people at home ( ye being persons called by us to be of our privy councel ) have thought sit amongst those great and important matters , which so much concern us , in the first and chiefest place , to recommend this to your special care and diligence . and we do hereby authorise , and appoint , and strictly will , and require you , that speedily and seriously you enter into consideration of all the best and speediest ways and means ye can for raising of monies for the most important occasions aforesaid : uuhich without extreamest hazard to us , our dominions , and people , and to our friends , and allies , can admit of no long delay , the same to be done by impositions , or oth●rwise , as in your wisdoms and best iudgments ye shall find to be most convenient in a case of this inevitable necessity , wherein form ●nd circumstance must be dispensed with , rather then the substance be lost , and hazarded . and herein our will and pleasure is , that you , or as many of you from time to time as can be spared from attemdance upon our person , or other our necessary services , doe use all diligence by your frequent meetings , and serious considerations , and when ye have brought any thing to maturity , ye make report thereof unto us , for the advancement of this greatt service , which with the greatest affection we can , we recommend to your best care and judgement , whereof ye must not fail , as ye tender our honour , and safety of our dominions , and people : and for the doing hereof , these presents shall be to you , and every of you a sufficient warrant and discharge in that behal● : in witness whereof we have caused these our letters to be made letters patents ; witness our self at vvestminster the last day of february in the third year of our reign . per ipsum regem . sir edward cook observed some circumstances in the commission . first , it was after the summons to the parliament , sure , some thought the parliament should not be . . there is a pudor in it , it was kept secret , some great lords never knew it . . the end of it was excises , for they are impositions , and to be sure he would have the word ( otherwise ) wherefore his advice was to go up to the lords , and desire a conference , to complain of the commission , and desire it may be cancelled , and if there be any inrolment of it , to cancel that also , and that the projector may be found out and punished . hereupon there ensued a conference with the lords , which was thus managed by sir edward cook. my lords , the subject of this conference is a commission , therefore we shall desire your lordships to hear it read , which was done accordingly . that which i shall deliver is certain observations out of the patent . first , the persons to whom it is directed . . the authority that is committed . . the great penalty laid on them if they do it not . . the time. . the persons to whom it is directed are twenty three lords , and other of his majesties councel . . the authority commmitted unto them , is to consider how money may be leavied by impositions , or otherwise : it is true , it is but a power to leavy money by imposition ; we doe not find any thing raised ( that is left to your lordships ) but a commission to leavy money by imposition or otherwise , give us leave to fear that excise , and what ever is comprehended in it , was intended . sure i am , it is against the law , it is a very high breach of your lordships , and our the poor commons liberties , and yet this being ill in it self , may produce a happy effect : the king and both houses have given a judgment , the greatest that ever was against this in the petition of right , and when this judgment is given , see how gods goodness hath brought it to pass , that this patent shall be part of execution of that judgement , to dam it for the punishment . i do utterly dislike that clause , as you tender the kings honour ; that that must come to a thing of this nature , and it is strange to me , i cannot dive into it ; i leave it to your lordships , for the time , it came out seven days after the summons of parliament , all knew the parliament would descry this , but i hope it will now turn to good : i will not say it was kept secret . that which i am to demand of your lordships first , is , that as we haveing considered of this commission , finding it ex diametro against the late judgment in the petition of right , have condemned it ; so your lordships would concurre with us , as hitherto ye have done . . th●t this commission as a thing against law , may be cancelled . . that if it be inrolled , a vote may be made of it , and if not , that order be taken that it be not inrolled . . that the warrant may be damned and destroyed . . that it would please your lordships in your wisdoms to take into consideration who is the projector of this device , and if he could be found out , that some exemplary punishment may be according to justice inflicted on him . the lords accepted the motion , and promised to present the same to his majesty . this done , the house of commons voted that the commission , the not guarding the narrow seas , the decay of trade , and other particulars be inserted in the remonstrance . the house having well nigh finished the several particulars of grievances of most moment , resumeth the former motion to declare who was the cause of all those evils , which in a committee of the whole house was mentioned before . the debate was as hot as ever , and the crimes so frequently objected against the duke , were brought in afresh , as if they had never been proposed in the house . one made a distinction that the duke was the cause of some , and a. cause of other grievances . for the first , he instanced in the disaster of the armies , the decay of ports , trade , ships , and mariners . for the second , he instanced in religion . first , his mother was a recusant , and a fosterer of recusants . secondly , papists have honour in his own employments , and papists captains are placed by him . and as for arminians , york house is a place of consultation for mountague and others , from whence is like to follow innovation in government . another in pursuit of the argument , that papists were imployed by the duke , named dalbeer , as the man who betrayed our men at the isle of ree , where all was carried by the advice of private men , and some ill affected in religion , and in assault before they came away , . men were lost , and in the retreat dalbeer was to make a bridge , which did so intangle them , as they could make no defence : and all contrary to the advice of the rest of the commanders . sir robert philips was of opinion to have the declaration run thus , we conceive the greatness and power of the duke of buckingham is the chief cause of all these evils . we are not in a way of charge , but of a remonstrance . sir iohn elliot , sir edward cook , and mr. selden were positively to name the duke as the cause of our evils , for so said they he had been already declared in the last parliament , since when the causes are multiplied , and he hath deserved nothing better of the common-wealth . in this debate there wanted not mediators which did desire the house for their own ends and happiness , to be sparing in that kind . sir humphrey may put them again in mind of the kings desire , that all personal aspersions might be forborn , that his majesty will take it as an argument of their moderation and judgment , if they forbear in this . sir henry martin advised that the remonstrance be so framed , as to make it passable to his majesties judgment and affection : let him be perswaded that it comes from a publick sence , and not from private ends . and he vindicated the duke in point of religion . 't is true , said he , his mother is a recusant , but never any thing more grieved him , and never did a son use more means then he to convert her , and he hath no power over her ; and for his own lady whom he found not firm in his religion , he hath it used means to confirm her . as for arminians , i have often heard him protest , and vow against these opinions . it is true , many that have skill therein , may have some credit with him , and make use of his noble nature for their own ends . one particular i know well , that some gentlemen and preachers of great esteem were questioned for a matter , wherein there was some error in the manner , of which they were presented ; i told him of them , and that they were questioned , and he answered me , he would do the best he could for to countenance them . sir benjamin rudyard gave his judgement , that if the matter be urged home , it will proclaim the man lowder then we can in words . if we name excess of power , and abuse of power , it will reach to the duke , and all others in future times : and to a gentleman of honour nothing is so dear as sense of honour . i am witness , and do know that he did many great and good offices to this house . if the forfeiture of my life could breed an opinion , that ye should have no occasion to complain at your next meeting , i would pawn it to you . nor let any man say , it is fear makes us desist , we have shewed already what we dare do . and because the imployment of dalbeer had given much offence , sir thomas jermin stood up in his defence , and said he had given great evidence of his trust and fidelity . when the count palatine retired himself , and the councel agreed to send a party under count mansfield to make a head , and the king sent word to the palatine to be present in person , dalbeer went along with him , with one more , and being in a village in germany , a troop of fifty horse met them . dalbeer went to the captain and said , we are in a service , i will give you so many crowns to conduct us , which was done , and dalbeer went along with him . in conclusion , iune the . it was ordered upon the question , that the excessive power of the duke of buckingham , is the cause of the evils and dangers to the king and kingdom ; and that this be added to the remonstrance . at this very time being iune . . doctor lamb , so called , having been at a play-house , came , through the city of london , and being a person very notorious , the boys gathered thick about him , which increased by the access of ordinary people and the rabble ; they presently reviled him with words , calling him a witch , a devil , the duke's conjurer , &c. he took sanctuary in the wind-mill tavern at the lower end of the old jury , where he remained a little space ; but there being two doors opening to several streets out of the said house , the rout discovering the same , made sure both doors lest he should escape , and pressed so hard upon the vintner to enter the house , that he for fear the house should be pulled down , and the wines in his cellar spoiled and destroyed , thrust the imaginary devil out of his house , whereupon the tumult carried him in a croud among them , howting and showting , crying a witch , a devil and when they saw a guard coming by order of the lord mayor for the rescue of him , they fell upon the doctor , beat him and bruised him , and left him for dead ; with much ado the officers that rescued him got him alive to the counter , where he remained some few houres , and died that night ; the city of london endeavoured to find out the most active persons in this riot , but could not finde any that either could , or if they could , were willing to witnesse against any person in that businesse . this happened to be in parliament time , and at that instant of time when they were about the remonstrance against the duke . and shortly after , so high was the rage of people , that they would ordinarily utter these words . let charles and george do what they can , the duke shall die like doctor lamb. what fine the city underwent for this miscarriage , we shall observe in order of time . two days after the privy councel writ this ensuing letter to the lord mayor , aldermen , and sheriffs of london . whereas we are given to understand , that the fury and outrage of divers dissolute and disorderly person assembled together in great numbers , without any resistance made , or course taken to suppresse them ( by the magistrates to whom it appertained ) one lamb was in a barbarous manner slaine and murdered , wherewith his majesty having been likewise made acquainted , as he is very sensible of the scandal that may hereby be cast upon the peace and government of the realme in general , when the chief city thereof , and where his own person is resident , should by the remissnesse and neglect of magistrates , in the execution of his laws , suffer a fact and misdemeanour of so high a nature to be committed , and to passe unpunished , so he is very highly displeased thereat , and hath therefore commanded us in his name hereby streightly to charge and require your lordship , &c. that with all care and diligence you do forthwith enquire out the principal actors and abettors therein , and to cause them to be apprehended and committed to prison , and to be proceeded with , and punished in the sevarest manner , that by the laws of the realme is provided against offenders in so high a nature . and so , &c. the commons at this time voted that doctor neal bishop of winchester , and dr. laud bishop of bath and wells , be named to be those near about the king who are suspected to be arminians , and that they are justly suspected to be unsound in their opinions that way . the house was turned again into a committee concerning the remonstrance . and mr. selden proposed that to the excessive power of the duke should be added the abuse of that power , & since that abuse is the cause of these evils , that it be presented to his majesty to consider whether it be safe for the king and common-wealth , that a man of his power should be so near his majesty , and it was ordered accordingly . all the parts of the remonstrance being agreed unto , it was perfected to be presented to the king , being as followeth . most dread sovereign , as with humble thankfulnesse we your dutiful commons now assembled in parliament , do acknowledge the great comfort which we have in your majesties pious and gracious disposition , so we think it a meet and most necessary duty , being called by your majesty , to consult and advise of the great and urgent affairs of this church , and common-wealth , finding them at this time in apparent danger of ruine , and destruction , faithfully and dutifully to informe your majesty thereof , and with bleeding hearts and bended knees , to crave your speedy redresse therein , as to your own wisdome ( unto which we most humbly submit our selves and our desires ) shall seeme most meet and convenient . what the multitude and potency of your majesties enemies are abroad ? what be their malicious and ambitious ends ? and how vigilant and constantly industrious they are in pursuing the same ; is well known to your majesty ? together with the dangers threatned thereby to your sacred person , and your kingdomes , and the calamities which have already fallen , and do daily encrease upon your friends and allies , of which we are well assured your majesty is most sensible , and will accordingly in your great wisdome , and with the gravest and most mature councel , according to the exigencie of the times and occasions , provide to prevent and help the same . to which end we most humbly intreat your majesty first , and especially , to cast your eyes upon the miserable condition of this your own kingdome , of late so strangely weakened and dejected , that unlesse , through your majesties most gracious wisdom , goodnesse and iustice , it be speedily raised to a better condition , it is in no little danger to become a sudden prey to the enemies thereof ; and of the most happy and flourishing , to be the most miserable and contemptible nation in the world. in the discoveries of which dangers , mischiefs , and inconveniences lying upon us , we do freely protest that it is far from our thoughts to lay the least aspersion upon your sacred person , or the least scandal upon your government ; for we do in all sincerity of our hearts , not only for our selves , but in the name of all the commons of the realme ( whom we represent ) ascribe as much duty , as a most loyal and affectionate people can do , unto the best king , ( for so you are , and so have been pleased abundantly to expresse your self this present parliament by your majesties clear and satisfactory answer to our petition of right : for which both our selves and our posterity shall blesse god for you , and ever preserve a thankful memory of your great goodnesse and iustice therein . ) and we do verily believe , that all , or most of these things which we shall now present unto your majesty , are either unknown unto you , or else by some of your majesties ministers o●fered under such specious pretences , as may hide their own ill intentions , and ill consequences of them from your majesty . but we assure our selves , according to the good example of your majesties predecessors , nothing can make your majesty ( being a wise and iudicious prince , and above all things desirous of the welfare of your people ) more in love with parliaments then this , which is one of the principal ends of calling them , that therein your majesty may be truely informed of the state of all the several parts of your kingdome , and how your officers and ministers do behave themselves in the trust reposed in them by your majesty , which is scarce able to be made known unto you , but in parliament , as was declared by your blessed father , when he was pleased to put the commons in parliament assembled in minde , that it would be the greatest unfaithfulnesse , and breach of duty to his majesty , and of the trust committed to them by the countrey that could be , if in setting forth the grievances of the people , and the condition of all the parts of this kingdome from whence they come , they did not deal clearly with him , without sparing any , how near and dear soever they were unto him , if they were hurtful , or dangerous to the common-wealth . in confidence therefore of your majesties gracious acceptation in a matter of so high importance , and in faithful discharge of our duties ; we do first of all most humbly beseech your majesty to take notice , that howsoever we know your majesty , doth with your soul abhor , that any such thing should be imagined or attempted ; yet there is a general fear conceived in your people of secret working and combination to introduce into this kingdome innovation and change of our holy religion , more precious unto us then our lives and whatever this world can afford . and our fears and jealousies herein are not meerly conjectural , but arising out of such certain and visible effects , as may demonstrate a true and real cause ; for notwithstanding the many good and wholesome laws , and provisions made to prevent the increase of popery within this kingdome , and notwithstanding your majesties most gracious and satisfactory answer to the petition of both houses in that behalfe , presented to your majesty at oxford . we finde there hath followed no good execution nor effect , but on the contrary ( at which your majesty out of the quick sense of your own religious heart cannot but be in the highest measure displeased ) those of that reliligion do finde extraordinary favors and respect in court from persons of great quality , and power whom they continually resort unto , and in particular to the countesse of buckingham , who her self openly professing that religion is a known favourer and supporter of them that do the same , which we well hoped upon your majesties answer to the aforsaid petition at oxford , should not have been permitted , nor that any of your majesties subjects of that religion justly to be suspected , should be entertained in the service of your majesty , or your royal consort the queen . some likewise of that religion have had honours , offices , and places of command and authority lately conferred upon them . but that which striketh the greatest terror into the hearts of your loyal subjects concerning this , is , that letters of stay of legal proceedings against them have been procured from your majesty ( by what indirect meanes we know not ) and commissions under the great seale granted and executed for composition to be made with popish recusants , with inhibitions and restraints both to the ecclesiastical and temporal courts and officers , to intermeddle with them , which is conceived to amount to no le●●e then a toleration , odious to god , full of dishonour and extreame disprosit to your majesty , of great scandal and griefe to your good people , and of apparent danger to the present state of your majesty , and of this kingdome , their numbers , power , and insolency , daily increasing in all parts of your kingdome , and especially about london , and the subburbs thereof ; where exceeding many families do make their abode publiquely , frequent masse at denmark house and other places , and by their often meetings and conferences , have opportunities of combining their councels , and strength together , to the hazard of your majesties safety , and the state , and most especially in these doubtful and calamitous times . and as our fear concerning change or subversion of religion is grounded upon the daily increase of papists , the open and professed enemies thereof for the reasons formerly mentioned . so are the hearts of your good subjects no lesse perplexed , when with sorrow they behold a daily growth and spreading of the faction of the arminians , that being , as your majesty well knows , but a cunning way to bring in popery , and the professors of those opinions , the common disturbers of the protestant churches , and incendiaries in those states wherein they have gotten any head , being protestants in shew , but iesuites in opinion ; which caused your royal father with so much pious wisdom , and ardent zeale , to endeavour the suppressing of them as well at home , as in the neighbour countreys . and your gracious majesty imitating his most worthy example , hath openly , and by your proclamation declared your mislike of those persons , and of their opinions ; who notwithstanding are much favoured and advanced , not wanting friends even of the clergy near to your majesty ; namely doctor neale bishop of winchester , and doctor lawd , bishop of bath and wells , who are justly suspected to be unsound in their opinions that way . and it being now generally held the way to preferment , and promotion in the church , many schollars do bend the course of their studies to maintain those errors ; their books and opinions are suffered to be printed and published , and ●n the other side the imprinting of such as are written against them , and in defence of the orthodox church , are hindred and prohibited , and ( which is a boldnesse almost incredible ) this restraint of orthodox books , is made under colour of your majesties formerly mentioned proclamation , the intent and meaning wherof we know was quite contrary . and further to encrease our feares concerning innovation of religion , we finde that there hath been no smal laboring to remove that which is the most powerful means to strengthen and encrease our own relgion , and to oppose both those , which is the diligent teaching and instruction of the people in the true knowledge , and worship of almighty god. and therefore means have been sought out to depresse and discountenance pious , and painful , and orthodox preachers , and how conformable soever , and peaceable in their disposition and carriage they be , yet the preferment of such is opposed , and instead of being encouraged , they are molested with vexatious courses , and pursuits , and hardly , permitted to lecture . and in those places where are no constant preaching ministers , whereby many of your good people ( whose souls in this case we beseech your majesty to commiserate ) are kept in ignorance , and are apt to be easily seduced to error , and superstition : it doth not a little also encrease our dangers and fears this way , to understand the miserable condition of your kingdome of ireland ; where , without controll , the popish religion is openly confessed , and practised in every part thereof , popish iurisdiction being there generally exercised and avowed , monasteries , nunneries , and other superstitious houses newly erected , re-edified and replenished with men and women of several orders , and in a plentiful manner maintained at dublyn , and most of the great towns , and divers other places of the kingdome ; which of what ill consequence it may prove , if not seasonably repressed , we leave to your majesties wisdome to iudge . but most humbly beseech you ( as we assure our selves you will ( to lay the serious consideration thereof to your royal and pious heart , and that some speedy course may be taken for redresse therein . and if now to all these your majesty will be pleased to adde the consideration of the circumstances of time , wherein these courses tending to the destruction of true religion , within these your kingdomes , have been taken here , even then when the same is with open force and violence prosecuted in other countreys , and all the reformed churches in christendome , either depressed or miserably distressed : we do humbly appeal unto your majesties princely iudgement , whether there be not just ground of feare that there is some secret and strong co-operating here with the enemies of our religion abroad , for the utter extirpation thereof ? and whether if those courses be not speedily redressed , and the profession of true religion more encouraged , we can expect any other but misery and ruine speedily to fall upon us ? especially , if besides the visible and apparent dangers wherewith we are compassed about , you would be pleased to remember the displeasure of almighty god , always bent against the neglect of his holy religion , the stroaks of whose divine iustice we have already felt , and do still feele with smart and sorrow in great measure . and besides this feare of innovation in religion ; we do in like faithful of charge of our duties , most humbly declare to your majesty , that the hearts of your people are full of feare of innovation and change of government , and accordingly possessed with extreame griefe and sorrow ; yet in this point by your majesties late answer to our petition of right touching our liberties , much comforted , and raised againe out of that sadnesse and discontent , which they generally had conceived throughout the whole kingdome , for the undue courses which were the last year taken for raising of moneys by loanes , then which ( whatever your majesty hath been informed to the contrary ) there were never any moneys demanded , nor paid with greater grief and general dislike of all your faithful subjects ; though many , partly out of feare , and partly out of other respects ( yet most unwillingly ) were drawn to yeeld to what was required . the billeting of souldiers did much augment both their fears and grief , wherein likewise they finde much comfort upon your gracious answer to our petition of right , and to that we presented to your majesty concerning this particular . yet we most humbly beseech your majesty , that we may informe you , that the still continuance , and late re-enforcing of those souldiers , the conditions of their persons ( many of them not being natives of this kingdome , nor of the same , but of an opposite religion ) the placing of them upon the sea coast , where making head amongst themselves , they may unite with the popish party at home if occasion serve , and joyne with an invading enemy to do extreame mischief ; and that they are not yet dismissed , doth still minister cause of iealousie in your loving subjects ; for that the souldiers cannot be continued without exceeding great danger of the peace and safety of your kingdom . the report of the strange and dangerous purpose of bringing in german horse and riders , would have turned our doubts into despaire , and our feares into a certainty of confusion , had not your majesties gracious message ( for which we humbly give you thanks ) comforted us , by the assurance of your royal word , that they neither are , nor were intended by your majesty , for any service in england ; but that they were designed for some other forreigne employment . yet the sight of the privy seale by which it seemeth they were to be leavied , the great summe of money , which upon examinations we found to be paid for that purpose , gave us just cause of feare , that much about the same time there was a commission under the great seal granted unto the lords , and others of the privy councel , to consider of other ways for raising of moneys , so particularly by impositions , gave as just cause to suspect , that whatsoever was your majesties gracious intention , yet there wanted not those that under some colourable pretence might secretly by this , as by other wayes , contrive to change the frame both of religion and government , and thereby undermine the frame both of religion and government , and thereby undermine the safety of your majesty , and your kingdomes . these men could not be ignorant that the bringing in of strangers for aid , hath been pernitious to most states , where they have been admitted , but to england fatal . we do blesse god that hath given your majesty a wise understanding heart to discern of those courses , and that such power produceth nothing but weaknesse , and calamity . and we beseech your majesty to pardon the vehemencie of our expression , if in the loyal and zealous affections we bear to your majesty and your service , we are bold to declare to your majesty , and the whole world , that we hold it far beneath the heart of any free english man to think that this victorious nation should now stand in need of german souldiers to defend their own king and kingdom . but when we consider the course formerly mentioned ; and these things tending to an apparent change of government , the often breaches of parliament , whereby your majesty hath been deprived of the faithful councel , and free aids of your people , by taking off tonnage and poundage , without graunt thereof by act of parliament , ever since the beginning of your majesties reigne to this present , the standing commission granted to the duke of buckingham to be general of an army in the land in the time of peace , the discharging of faithful and sufficient officers and ministers , some from iudicial places , and others from the offices and authorities which they formerly held in the common-wealth ; we cannot but at the sight of such an apparant desolation as must necessarily follow these courses , out of the depth of sorrow lift up our cryes to heaven for help , and next under ▪ god apply our selves unto your sacred majesty , who if you could hear so many thousands speaking together , do joyntly implore speedie help and reformation , and if your majesty would be pleased to take a further view of the present state of your realme , we do humbly pray you to consider , whether the miserable disasters , and ill successe that hath accompanied all your late designes , and actions , particularly those of cales , and the isle of ree , and the last expedition to rochel , have not extreamlie wasted that stock of honor that was left unto this kingdome , sometimes terrible to all other nations , and now declining to contempt beneath the meanest . together with our honours , we there lost those ( and that not a few ) who had they lived , we might have some better hope of recovering it again , our valiant and expert collonels , captaines and commanders , and many thousand common souldiers and marriners , though we have some cause to think that your majesty is not as yet rightly informed thereof , and that of six or seven thousand of your subjects lost at the isle of ree , your majesty received information but of a few hundreds . and this dishonour and losse hath been purchased with the consumption of above a million of treasure . many of the forts are exceeding weak , and decayed , and want both men and munition . and here we cannot but with grief consider and complaine of a strange improvidence ( we think your majesty will rather call it treacherie ) that your store of powder which by order of your privy councel , dated the tenth of december , . should be constantly three hundred last , besides a continual supply of twenty last a month for ordinary expences , and were now fit ( as we conceive ) to be double the proportion , is at this time in the tower ( the present warrants being served ) but nine lasts and forty eight pounds in all , which we tremble to think of . and that notwithstanding this extreame scarcity of powder , great quantities have been permitted to be sold out of your majesties store , to particular persons for private gain ; whereof we have seen a certificate , six last sold sithence the th . of january last , and your majesties store being unfurnished of powder , which by a contract made with mr. evelyn by advise of your lords in parliament , ought to be supplyed monthly with twenty last at the rate of three pound , ten shillings , ten pence a barrel ; your majesty hath been forced to pay above seven pound a barrel for powder to be brought in from beyond seas , for which purpose twelve thousand foure hundred pounds was impressed to mr. burlemack the last year , and that powder not so good as that by contract your maiesty should have , by one third part ; all which are most fearful and dangerous abuses . but what the poverty , weaknesse , and misery of your kingdome is now grown unto by decay of trade , and destruction , and losse of ships and marriners , within these three years ; we are almost afraid to declare ; and could we by any other means have been sure , that your majesty should any other way have had a true information thereof , we should have been doubtful to have made our weaknesse , and extreamity of misfortune in this kinde , to appear ; but the importunate and most pitiful complaints from all the parts of the kingdome near adjoyning to the sea in this kinde , would rend , as we think , the stoniest heart in the world with sorrow , and the sense we have of the miserable condition your kingdome is in by reason thereof , especially , for that we see no possible means ( being now shortly to end this session ) how to help the same , adds such a weight of grief unto our sad thoughts , as we have not words to expresse it ; but for your majesties more exact information therein ; we beseech you be pleased to peruse the kalender of particulars which with the remonstrance , we most humblie present unto your majestie . one reason amongst many of this decay of trade , and losse of ships and marriners is : the not guarding of the narrow seas , the regality whereof your majestie hath now in a manner wholly lost , being that wherein a principal part of the honor , and safety of this kingdome heretofore consisted ; and now having absolutely neglected it , the town of dunkirk doth so contiually rob and spoile your subjects , that we can assure your majesty ( if some present and effectuall remedy be not forthwith provided ) the whole trade of this kingdome , the shipping , marriners , and all belonging thereunto , will be utterly lost and consumed . the principal cause of which evils and dangers , we conceive to be the excessive power of the duke of buckingham , and the abuse of that power : and we humbly submit unto your majesties excellent wisdome , whether it be safe for your self , or your kingdoms , that so great power as rests in him by sea and land , should be in the hands of any one subject whatsoever . and as it is not safe , so sure we are , it cannot be for your service , it being impossible for one man to mannage so manie and weightie affaires of the kingdome as he hath undertaken , besides the ordinary duties of those offices which he holds , some of which well performed , would require the time and industry of the ablest men both of counsel and action , that your whole kingdome will affoard , especially in these times of common danger . and our humble desire is further , that your most excellent majesty will be pleased to take into your princely consideration , whether in respect the said duke hath so ▪ abused his power , it be safe for your majesty and your kingdom , to continue him either in his great offices , or in his place of nearness and councel about your sacred person . and thus in all humility , aiming at nothing but the honour of almighty god , and the maintenance of his true religion , the safety and happiness of your most excellent majesty , and the preservation and prosperity of this church and common-wealth ; we have endeavoured with faithfull hearts and intentions , and in discharge of the duty we owe to your majesty and our countrey , to give your majesty a true representation of our present danger , and pressing calamities , which we humbly beseech your majesty graciously to accept , and take the same to heart , accounting the safety and prosperity of your people , your greatest happiness , and their love , your richest treasure . a rufull and lamentable spectacle we confess it must needs be , to behold those ruines in so fair an house , so many diseases , and almost every one of them deadly , in so strong and well tempered a body as this kingdom lately was . but yet we will not doubt , but that god hath reserved this honor for your majesty , to restore the safety and happiness thereof , as a work worthy so excellent a prince , for whose long life and true felicity , we daily pray , and that your fame and never dying glory may be continued to all succeeding generations . hereupon a message was sent to his majesty , desiring access to his person with the remonstrance , and the speaker was appointed to deliver it , who much desired to be excused , but the house would not give way thereunto . the house also sent up the bill of subsidy unto the lords . soon after the king sends a message by sir humphrey may , that he means to end this session on the . of iune , whereupon the commons fall upon the bill of tunnage and poundage . in the mean time this ensuing order concerning the duke was made in the starchamber upon the signification of his majesties pleasure ; in interiori camera stellatâ . junii , anno quarto caroli reg. forasmuch as his majesty hath been graciously pleased to signifie unto his highness atturney general , that his royal pleasure is , that the bill or information exhibited into this court , against the right honourable george duke of buck. for divers great offences , and misdemeanours objected against him ( for that his majesty is fully satisfied of the innocency of that duke in all those things mentioned in the said information , as well by his own certain knowledge , as by the proofs in the cause ) shall therefore together with the said dukes answer thereunto , and all other proceedings thereupon , be taken off the file , that no memory thereof remain of record against him , which may tend to his disgrace . it is therefore ordered , that the said information or bill , the answer thereunto , and all other proceedings thereupon , be forthwith taken from the file , by his majesties said atturney general , according to his majesties pleasure therein to him signified under his hand , and now remaining in the custody of the register of this court. dated this present . day of iune , . caroli exam. per jo. arthur . . iunii . on this very day the duke signified unto the house , that he is informed that one mr. christopher eukener of the house of commons , hath affirmed that his grace did speak these words at his own table . viz. tush , it makes no matter what the commons or parliament doth , for without my leave and authority , they shall not be able to touch the hair of a dogg . and his grace desired leave of their lordships , that he might make his protestation in the house of commons concerning that speech . and to move them , that he which spake it of him , being a member of that house , might be commanded to justifie it , and his grace heard to clear himself . their lordships considering thereof , ordered that the duke shall be left to himself to do herein what he thinks best in the house of commons . whereupon the duke gave their lordships thanks , and protested upon his honour , that he never had those words so much as in his thoughts . tho which protestation the lords commanded to be entred , that the duke may make use thereof as need shall be . the duke also charged one mr. melvin for speaking words against him . viz. first , that melvin said , that the dukes plot was , that the parliament should be dissolved , and that the duke and the king with a great army of horse and foot , would war against the commonalty , and that scotland should assist him so that when war was amongst our selves , the enemy should come in , for this kingdom is already sold to the enemy by the duke . . that the duke had a stronger councel then the king , of which were certain jesuites scotishmen , and that they did sit in councel every night , from one of the clock till three . . that when the king had a purpose to do any thing of what consequence soever , the duke could alter it . . that when the ordnance were shipt at st. martins , the duke caused the souldiers to go on that they might be destroyed . . that the duke said he had an army of . foot , and . horse . . that king iames his blood , and marquess hamiltons , with others cries out for vengeance to heaven . . that he could not expect any thing but ruine of this kingdom . . that prince henry was poisoned by sir thomas overbury , and he himself served with the same sauce , and that the earl of somerset and others could say much to this . . that he himself had a cardinal to his uncle or near kinsman , whereby he had great intelligence . about the same time the lord keeper reported to the house of lords what his majesty said , touching the commission of excise . viz. that their lordships had reason to be satisfied with what was truly and rightly told them by the lords of the councel , that this commission was no more but a warrant of advice , which his majesty knew to be agreeable to the time , and the manifold occasions then in hand , but now having a supply from the loves of his people , he esteems the commission useless ; and therefore though he knows no cause why any jealousie should have risen thereby , yet at their desires he is content it be cancelled , and he hath commanded me to bring both the commission and warrant to him , and it shall be cancelled in his own presence . the day following , the lord keeper reported that his majesty had cancelled the commission , and the warrant for putting the seal thereunto , and did there openly shew it , and a message was sent to the commons to shew them the said cancelled commission and warrant . the commons resume again the debate upon the bill of tunnage and poundage ; whereupon mr. selden said , whereas the kings councel objected , that . eliz. saith , it was granted time out of mind to the king , i fear his majesty is told so , and some body doth ascertain him so : but we may clear that , for not only . eliz. but also in the statute of . iac. the word time out of mind is , that whereas h. . and other his majesties progenitors have had some subsidy for the guarding of the seas , and that there was never a king but had some subsidie , in that sense it is indeed time out of mind . yet is it a matter of free gift : for publique bills the king saith , le roy se veult , for petitions of right , soit droit fait come est desire . for the bill of subsidies it is thus , the king heartily thanking the subjects for their good wills ; in all the bills of tunnage and poundage is the very same answer , save one , which was . eliz. and but for that only mistake of the clerk , it hath ever the same assent as the bill of subsidie . upon this debate it was ordered that a committee be appointed to draw a remonstrance to his majesty , of the peoples rights , and of the undue taking of tunnage and poundage , and impositions , without act of parliament , and to shew the reasons why the house cannot in so short a time prepare that bill . the remonstrance was as followeth , most gracious sovereign , your majesties most loyal and dutiful subjects , the commons in this present parliament assembled , being in nothing more careful , then of the honor and prosperity of your majestie , and the kingdom , which they know do much depend upon that happie union , and relation betwixt your majestie and your people , do with much sorrow apprehend , that by reason of the incertaintie of their continuance together , the unexpected interruptions which have been cast upon them , and the shortness of time in which your majestie hath determined to end this session , they cannot bring to maturitie and perfection , divers businesses of weight , which they have taken into their consideration and resolution , as most important for the common good ; amongst other things they have taken into especial care the preparing of a bill , for the granting of your majestie such a subsidie of tunnage and poundage , as might uphold your profit and revenue in as ample a manner , as their just care and respect of trade ) wherein not only the prosperity , but even the life of the kingdom doth consist ) would permit . but being a work which will require much time , and preparation by conference with your majesties officers , & with the merchants not only of london , but of other remote parts , they find it not possible to be accomplished at this time ; wherefore considering it will be much more pr●judicial to the right of the subject , if your majestie should continue to receive the same without authority of law , after the determination of a session , then if there had been a recess by adjournment only , in which case that intended grant would have related to the first day of the parliament ; and assuring themselves that your majestie is resolved to observe that your royal answer , which ●ou have lately made to the petition of right of both houses of parliament ; yet doubting least your majestie may be misinformed concerning this particular case , as if you might continue to take those subsidies of tunnage and poundage , and other impositions upon merchants , without breaking that answer , they are forced by that dutie which they owe to your majestie , and to those whom they represent , to declare , that there ought not any imposition to be laid upon the goods of merchants , exported or imported , without common consent by act of parliament , which is the right and inheritance of your subjects , founded not only upon the most ancient and original constitution of this kingdom , but often confirmed and declared in divers statute laws . and for the better manifestation thereof , may it please your majestie to understand , that although your royal predecessors the kings of this realm have often had such subsidies , and impositions granted unto them , upon divers occasions , especially for the guarding of the seas , and safeguard of merchants ; yet the subjects have been ever careful to use such cautions , and limitations in those grants , as might prevent any claim to be made , that such subsidies do proceed from duty , and not from the free gift of the subject ; and that they have heretofore used to limit a tune in such grants , and for the most part but short , as for a year or two , and if it were continued longer , they have sometimes directed a certain space of cessation , or intermission , that so the right of the subject might be more evident . at other times it hath been granted upon occasion of war , for a certain number of years , with proviso , that if the war were ended in the mean time , then the grant should cease ; and of course it hath been sequestred into the hands of some subjects to be imployed for the guarding of the seas . and it is acknowledged by the ordinary answers of your majesties predecessors in their assent to the bills of subsidies of tunnage and poundage , that it is of the nature of other subsidies , proceeding from the good will of the subject ; uery few of your predecessors had it for life , untill the reign of h. . who was so far from conceiving he had any right thereunto . that although he granted commissions for collecting certain duties and customes due by law , yet he made no commissions for receiving the subsidie of tunnage and poundage , untill the same was granted unto him in parliament . since his time all the kings and queens of this realm have had the like grants for life by the free love and good will of the subjects . and whensoever the people have been grieved by laying any impositions or other charges upon their goods and merchandises wit●out authority of law ( which hath been very s●ldom ) yet upon complaint in parliament they have been forthwith relieved , saving in the time of your royal father , who having through ill councel raised the rates and charges upon merchandises to that height at which they now are , yet he was pleased so far forth to yield to the complaint of his people , as to offer , that if the value of those impositions which he had set might be made good unto him , he would binde himself and his heirs by act of parliament never to lay any other ; which offer , the commons at that time in regard of the great burden , did not think fit to yield unto . nevertheless , your loyall commons in this parliament , out of their especial zeale to your service , and especial regard of your pressing occasions , have taken into their consideration , so to frame a grant of subsidie of tunnage and poundage to your majesty , that both you might have been the better enabled for the defence of your realm , and your subjects , by being secure from all undue charges , be the more incouraged chearfully to proceed in their course of trade ; by the increase whereof your majesties profit , and likewise the strength of the kingdom would be very much augmented . but not being now able to accomplish this their desire , there is no course left unto them , without manifest breach of their duty , both to your majesty and their countrey , save onely to make this humble declaration , that the receiving of tunnage and poundage , and other impositions not granted by parliament , is a breach of the fundamental liberties of this kingdom , and contrary to your majesties royal answer to the said petition of right . and therefore they do most humbly beseech your majesty to forbear any further recieving of the same , and not to take it in ill part from those of your majesties loving subjects , who shall refuse to make payment of any such charges , without warrant of law demanded . and as by this forbearance , your most excellent majesty shall manifest unto the world , your royal iustice in the observation of your laws : so , they doubt not , but hereafter at the time appointed for their coming again , they shall have occasion to express their great desire to advance your majesties honor and profit . mr. noy after the reading hereof , moved the house that his majesty might be requested , that the merchants might ship their goods without a cocket , otherwise they do forfeit their goods . iune . the speaker being sent for to the king at whitehall , came not into the house till about nine a clock . and after prayers , the remonstrance concerning tunnage and poundage being ingrossed , was a reading in the house , and while it was a reading , the king sent for the speaker , and the whole house , and the king made a speech as followeth . it may seem strange that i came so suddenly to end this session ; before i give my assent to the bills , i will tell you the cause , though i must avow , that i owe the account of my actions to god alone . it is known to every one , that a while ago the house of commons gave me a remonstrance , how acceptable , every man may judge , and for the merit of it , i will not call that in question , for i am sure no wise man can justifie it . now since i am truly informed , that a second remonstrance is preparing for me to take away the profit of my tunnage and poundage , one of the chiefest maintenances of my crown , by alleadging , i have given away my right thereto by my answer to your petition . this is so prejudicial unto me , that i am forced to end this session some few hours before i meant , being not willing to receive any more remonstrances , to which i must give a harsh answer . and since i see that even the house of commons begins already to make false constructions of what i granted in your petition , least it be worse interpreted in the countrey , i will now make a declaration concerning the true intent thereof . the profession of both houses in the time of hammering this petition , was no ways to trench upon my prerogative , saying they had neither intention or power to hurt it . therefore it must needs be conceived , that i have granted no new , but only confirmed the antient liberties of my subjects . yet to shew the clearness of my intentions , that i neither repent , nor mean to recede from any thing i have promised you , i do here declare my self , that those things which have been done , whereby many have had some cause to expect the liberties of the subjects to be trenched upon , which indeed was the first and true ground of the petition , shall not hereafter be drawn into example for your prejudice , and from time to time , in the word of a king , ye shal not have the like cause to complain . but as for tonnage and poundage , it is a thing i cannot want , and was never intended by you to ask , nor meant by me i am sure to grant . to conclude , i command you all that are here to take notice of what i have spoken at this time , to be the true intent and meaning of what i granted you in your petition ; but especially , you my lords the judges , for you only under me belongs the interpretation of laws , for none of the houses of parliament , either joint or separate , ( what new doctrine soever may be raised ) have any power either to make , or declare a law without my consent . after this speech ended , the bill of subsidie was delivered to the speaker , standing at the bar in the lords house , who made a short speech , and shewed , that it was the greatest gift that ever was given in so short a time . and so craving pardon for the errors of the house , and his own ( which he knew to be very many ) he desired the king to give his royal assent . the king came so suddenly and unexpectedly to the house , that the lords were not in their robes , and the commons had given no direction or order for the speaker to deliver the bill of subsidies , neither was it brought down to the commons house , as it was used , but the bills were read , and the bill for the sabbath , for recusants children , for alehouse-keepers , for continuance of statutes , for the clergies subsidie , for the lay of subsidie , all passed . but for the bill for explanation of the statutes . iac. about leases of recusants lands , the king said , that in this short time he had not time sufficient to consider thereof , but he said he found many errors therein , though the title be faire , and if at the next meeting they would amend those errors , it should pass . many private bills passed also , and after they were all read , their titles and the kings answer to them , which to the publique bills was le roy le veult , to the private , soit fait come il est desire . the lord keeper said , it is his majesties pleasure that this session now end , and that the parliament be prorogued till the twentieth of october next . at this parliament which begun at westminster the . of march anno regni r. caroli . these acts were passed . first , an act for further reformation of sundry abuses committed on the lords day called sunday . . the petition exhibited to his majesty , by the lords spiritual and temporal , and commons in this present parliament assembled , concerning divers rights and priviledges of the subject , with the kings assent thereunto in full parliament . . an act for repressing of all unlicenced alehouses . . an act to restrain the sending over of any to be popishly bred beyond the seas . . an act for establishing of suttons hospital , &c. . an act for the establishing of the tenants estates of bromfield and yale in the county of denbigh , &c. . an act for the continuance and repeal of divers statutes , &c. . an act for five entire subsidies granted by the clergy . . an act concerning the title , &c. of earl of arundel , and for the annexing of the castle of arundel , and other lands , to the said title of earl of arundel . . an act to assure the joynture of the lady francis nevil , and to enable the lord abergavenny to sell lands . . an act concerning the lands of william earl of devon. . an act to confirm the estates of the lord morlies tenants in tatham and gressingham . . an act for reestating of lands of william morgan esq and discharging the trust concerning them . . a declararation of the commons against doctor manwaring . . an act to enable dutton lord gerrard to make a joynture to any wife , that he shall hereafter marry , and to provide for younger children , and the securing of portions for alice , frances , and eliz. gerrard , sisters of the said lord gerrard . . an act for restitution in blood of carew rawleigh esq and to confirm letters patents made to the earl of bristol by king james . . an act for the naturalizing of isaac ashley , henry ashley , thomas ashley , and bernard ashley , sons of sir jacob ashley knight . . an act for naturalizing of samuel powel . . an act for the naturalizing of alexander levingston , gent. . an act for the naturalizing of john trumbal , and of william beere , edward beer , and sidney beere , and samuel wentworth . . an act for the amendment of a word miswritten in an act made an. . iac. r. to enable vincent lowe esq. to sell lands , &c. . an act for naturalizing of sir robert ayton knight . . an act for confirmation of letters patents made by king james to john earl of bristol . . an act for naturalizing of john aldersey , mary aldersey , anne aldersey , eliz. aldersey , and margaret aldersey , &c. . an act for the naturalizing of daniel delingue knight . . an act for the naturalizing of sir. robert dyel kt. and george kirk esquire . . an act for the naturalizing of james freese . in the interval between the two sessions , there happened many remarkable passages . doctor manwarings sermons intituled religion and allegiance were suppressed by proclamation , the king declaring that though the grounds thereof were rightly laid , to perswade obedience from subjects to their sovereign , and that for conscience sake ; yet in divers passages , inferences , and applications thereof , trenching upon the laws of this land , and proceedings of parliaments , whereof he was ignorant , he so far erred , that he had drawn upon himself the just censure and sentence of the high court of parliament , by whose judgement also that book stands condemned ; wherefore being desirous to remove occasions of scandal , he thought fit that those sermons in regard of their influences and applications be totally suppressed . then a proclamation came forth declaring the kings pleasure for proceedings with popish recusants , and directions to his commissioners for making compositions for two parts of three of their estates , which by law were due to his majesty ; neverthelesse ( for the most part ) they got off upon easie tearms by reason of compositions at undervalues , and by letters of grace and protection , granted from time to time to most of the wealthiest of them . this was seconded with another proclamation commanding that diligent search be made for all priests and jesuites ( particularly the bishop calcedon ) and others that have taken orders by authority from the see of rome , that they be apprehended and committed to the goale of that county where they shall be found , there to remaine without bayle or mainprize till they be tryed by due course of law , and if upon trial and conviction there shall be cause to respit the execution of any of them , they shall not lie in the common goals , much lesse wander about at large , but according to the example of former times be sent to the castle of wisbitch , or some other safe prison , where they shall remain under strait and close custody , and be wholly restrained from exercising their function , and spreading their superstitious and dangerous doctrines . hereupon the privy councel wrote to the bishop of ely a letter of the tenour following ; whereas his majestie hath beene informed , that the romish priests , jesuites and seminaries lurking in this kingdome , do obstinately and maliciously continue their wonted practises to supplant the true religion established , and to seduce his people from obedience , stirre up sedition , and subvert the state and government so far as it lieth in their power , his majesty hath therefore commanded us to signifie unto your lordship , that it is his expresse will and pleasure according to his declaration in parliament , and his royal proclamation since published , you shall forthwith prepare and make ready the castle of wisbitch , in the isle of ely to receive and lodge all such priests ; jesuites and seminaries , and other prisoners , as shall be hereafter sent thither , and there treat and governe them according to such instructions and directions as shall be prescribed by this board . the jesuites taken in clarken-well being then in several prisons , it was ordered by the councel they should all be removed to newgate , and such of them as were not as yet convicted and condemned , should be proceeded against untill they were condemned , and then that they all should be sent to the castle of vvisbitch according to the proclamation in that behalf , and the attorney general was required to take course to entitle the king to the goods taken in the house which was designed for a colledge ; and accordingly they were proceeded against , and but onely one convicted , which proceeding was questioned in the ensuing session of parliament . and upon information , that there was a greater concourse of recusants in or near london then had been usual at other times , the privy councel sent to the lord mayor to require him to cause diligent search to be made , within the city and liberties thereof , and to finde out what recusants did inhabit or remaine there as house-keepers , inmates , or lodgers , or in any manner , and to return a certificate to the board , both of their names and qualities , distinguishing which were trades-men that were there by occasion of their trades according to to the statute in that behalf , and which were of no trade , but resorted thither from other parts of the kingdom . iuly . ( being st. swithins day ) sir richard vveston chancellor of the exchequer was made lord treasurer of england , and the same day was bishop laud translated to the bishoprick of london . about the same time , master montague formerly mentioned , was designed to the bishoprick of chichester upon the decease of bishop carleton . neverthelesse his appello caesarem was thought fit to be called in , the king declaring that out of his care to maintain the church in the unity of true religion , and the bond of peace , to prevent unnecessary disputes , he had lately caused the articles of relgion to be reprinted , as a rule for avoiding diversities of opinions , and considering that a book written by richard montague now bishop of chichester intituled apello caesarem was the first cause of those disputes and differences , which since have much troubled the quiet of the church , he would take away occasion , by commanding all persons that had any of those books in their hands to deliver them to the bishop of the diocesse , or if it be in either universities to the chancellor and vice-chancellor thereof , who were commanded to suppresse them . and if any by preaching , reading , or making of books pro and contra concerning those unnecessary questions shall revive the difference , he was resolved to take such order with them , and those books ; as they shall wish they had never thought upon those needlesse controversies . but ere this proclamation was published , the books were for the most part vented and out of danger of seasure , and the suppressing of all writing and preaching in answer thereunto , was ( it seems by some ) the thing mainly intended ; for the several answers made by doctor featly , and doctor goad , in their parallels , by master burton , master vvard , master yates , master vvotton , as also by francis rows esq in a book called king iames his religion , were all suppressed , and divers of the printers questioned in the high commission . moreover bishop montague , and doctor manwaring procured a royal pardon of all errors heretofore committed by them , either in speaking , writing , or printing , for which they might be hereafter questioned ; and doctor manwaring censured by the lords in parliament , and perpetually disabled from future ecclesiastical preferments in the church of england , was immediately presented to the rectory of stamford-rivers in essex , and had a dispensation to hold it , together with the rectory of st. giles in the fields . the town of rochel was at this time straitly beleagured by the french king , and the king of england had prepared a fleet to relieve it , under the command of the duke of buckingham , who being advanced as farre as portsmouth , on saturday , august . being bartholomew eve , was suddenly slain in his own lodgings there , by one leivtenant felton , about nine in the morning , who with one blow , having got a knife for the purpose , struck the duke under the left rib , and up into the heart , leaving the knife in his body , and got away undiscovered . in the fall to the ground , the duke was heard to say , the villaine hath killed me ! company coming presently in found him weltring in his blood , and each person looking upon another marvelled who should do so horrid an act , a jealousie was presently had of monsieur sobeez who was then there labouring for speedy relief to be sent to rochel , but he protesting his innocency , felton immediately stept out , and said , i am the man that did the deed , let no man suffer that is innocent ; whereupon he was immediately apprehended , sent to london and there imprisoned . the king was within four miles of portsmouth , when the news was brought him of the death of the duke , he bid secure the murderer , and bishop laud had advertisement of his death the th . of august , being then at croiden with bishop neal , and other bishops consecrating bishop montague for chichester . notwithstanding the death of the duke , the king pursued the design of relieving rochel , and again set out a fleet with provision and fire-ships to put relief into the town ; the fleet went from plymouth the beginning of september , did several times attempt the barricado , but in vaine , and so was enforced to give over any further attempt , which the rochellers perceiving , gave themselves for lost , and immediately came to a capitulation , upon very mean tearmes as to themselves ; yet lowes king of france was careful by articles ( had they been performed ) that those outrages should not be committed upon the entry of the town ( which the few remaining inhabitants were much afraid of , and afterwards felt ) and so mixt mercy with his conquest , yet presently after high outrages were committed , and great was the persecution of the reformed churches , which constrained them again to send to the king of england to implore aid with these expressions , that what they writ was with their teares and their blood , but the treaty being shortly after made between the two crowns ; all things were setled in peace between the king and those of the reformed religion . concerning the state of rochel at the surrender , we have seen a relation to this purpose , that the misery of the besieged was almost incredible , having lived long upon horse-flesh , hides , and leather , dogs and cats , hardly leaving a horse alive , still in hopes that the relief promised from england would prove effectual to them ; they held it so long till they were but about four thousand left alive of fifteen thousand souls , most of them died with famine , and when they begun to be pinched with the extremity of hunger they died so fast that they usually carried their coffins into the church-yard , and other places , and there laid themselves in and died , great numbers of them being unburied ; when the forces of the king of france entred the town , and many corps eaten with vermin , ravens and birds . the fleet which thus put to sea for the relief of rochel was defective , both in victuals , which was tainted , and in tackling and other materials , insomuch as at the return thereof , information being given to the king and council of divers defaults and defects in the said ships , victuals and provision of this and the former expedition to rochel ; and in the discipline and performance of commands and resolutions taken in that action to the great prejudice of the service ; it was ordered that the earls of denbigh , linsey , and morton , and the lord wilmott , and master secretary cook should forthwith meet together , and consider of the relation made by the earl of linsey , and inform themselves of defaults in the particulars before mentioned , and make report thereof to the board . the scots under the command of the earl morton , and some irish also , were sent to quarter in the isle of vveight , which island was unacquainted with the quartering of forreigners . in essex many robberies and outrages w●re committed by the souldiers then returned from sea. whereupon the privy councellors required the justices of peace in that county to choose a provost marshal for the apprehending of all such as wandred up and down the country , or behaved themselves dissorderly , that they might be punished according to law , and to cause strong guards and watches to be kept in all passages . and upon advertisement of some hostile preparations from forraign enemies , the privy councel taking care for securing the coasts in kent , sussex , hampshire , dorcetshire , and devonshire renued their directions to the lords of those counties for the careful watching of beacons , &c. about the time the fleet went last to the relief of rochel , the king being solicited by the ambassadours of the king of denmark , and the united provinces to send shipping to secure the elbe , and men for the defence of lackstat , resolved upon the sending of five ships accordingly , but first to dispatch the men for the relief of the town , the preservation whereof did mainly impart the security of the river , wherefore the regiments then remaining in several of the states garrison towns , which were reformed out of four regiments , under the command of sir charles morgan , and supposed to consist of two thousand men , were designed for this employment ; but in regard that by the capitulations at the rendring of stoade , these souldiers were first to touch in england before they could engage in war against the emperour , they were appointed to come to harwitch , and to saile thence to luck●●a● , under the command of their former general , and by reason of the absence of the english fleet upon the service of rotchel , the states and the prince of orange were desired to accommodate them with ships of convoy in crossing the seas , but a while after the king considering that the six months wherein that regiment was bound not to serve against the emperour , were near expiring , and the winter approaching , which by foul weather and contrary winds , might expose both men and ships to great danger in their crossing the seas to england , and cause unnecessary charge , commanded sir charles morgan to forbear to touch at harwitch , but to shape his course by the nearest & straightest way from holland to luckstat , and to stay at the place of imbarquing , so many days as with the time which will be taken up in their passage , may accomplish the full six months ; moreover , these reformed regiments brought from stoade , being found upon their mustering fourteen hundred , the king made a supply of six hundred more by borrowing six or eight men out of every company , serving in the states pay , under the conduct of the lord vere , the season of the year not permitting to rely upon new recruits from england ; for which he engaged his royal word to the states and the prince of orange , that for every man they lent him , he would send them two as soon as his forces return from rochel . touching the horse levied in germany , and intended ( as was said ) to be transported into england , about the last session of parliament the privy councel now wrote to dalbeere upon certain overtures made by the king of sweden , and the duke of savoy to receive them into their pay and service , that he might dispose of the said cavalry to those princes being his majesties friends and allies with condition that his majesty be no further charged with their pay , transportation , or entertainment in any manner whatsoever . after the death of the duke , the king seemed to take none to favour so much as dr. laud , bishop of london , to whom he sent many gracious messages , and also writ unto him with his own hand , the which contained much grace and favour , and immediately afterwards none became so intimate with his majesty as the said bishop . by orders from the bishop , there were then entred in the docket book , several conge d'esliers and royal assents for dr. may to be bishop of bath and wells , for doctor corbet to be bishop of oxford , and for samuel harsenet then bishop of norwitch , to be arch-bishop of york . in the university of oxford , bishop laud bore the sway . the lord chancellour vvilliam earl of pembrook commiting his power into his hands . and this year he framed the statutes for the reducing and limiting the free election of proctors , which before ( as himself said ) were factious , and tumultuary to the several colledges by course . the meeting of the parliament appointed to be the . of octob. was by proclamation the first day of that moneth prorogued to the . of ianu. following . vvhilst felton remained a prisoner at london , great was the resort of people to see the man who had committed so bold a murder , others came to understand what were the motives and inducements thereunto , to which the man for the most part answered , that he did acknowledge the fact , and condemned himself for the doing thereof ; yet withall confessed he had long looked upon the duke as an evil instrument in the common-wealth , and that he was convinced thereof by the remonstrance of parliament . vvhich considerations , together with the instigation of the evil one ( who is always ready to put sinfull motions into speedy actions ) induced him to do that which he did ; he was a person of a little stature , of a stout and revengeful spirit , who having once received an injury from a gentleman , he cut off a piece of his little finger , and sent it with a challenge to the gentleman to fight with him , thereby to let him know that he valued not the exposing of his whole body to hazard , so he might but have an opportunity to be revenged . afterwards felton was called before the councel , where he confessed much of what is before mentioned concerning his inducement to the murder , the councel much pressed him to confesse who set him on work to do such a bloody act , and if the puritans had no hand therein , he denyed they had , and so he did to the last , that no person whatsoever knew any thing of his intentions or purpose to kill the duke , that he revealed it to none living . dr. laud bishop of london being then at the councel table , told him , if he would not confess , he must go to the rack ; felton replyed , if it must be so , he could not tell whom he might nominate in the extremity of torture , and if what he should say then must go for truth , he could not tell whether his lordship ( meaning the bishop of london ) or which of their lordships he might name , for torture might draw unexpected things from him ; after this he was asked no more questions , but sent back to prison . the council then fell into debate , whether by the law of the land they could justifie the putting him to the rack ? the king being at councel said , before any such thing be done , let the advice or the judges be had therein , whether it be legal or no , and afterwards his majesty the . of novemb. . car. propounded the question to sr. tho. richardson , lord chief justice of the common pleas , to be propounded to all the justices . ( viz. ) felton now a prisoner in the tower , having confessed that he had killed the duke of buckingham , and said he was induced to this , partly for private displeasure , and partly by reason of a remonstrance in parliament , having also read some books , which he said defended that it was lawful to kill an enemy to the republique , the question therefore is , whether by the law he might not be racked , and whether there were any law against it , for ( said the king ) if it might be done by law , he would not use his prerogative in this point , and having put this question to the lord chief justice , the king commanded him to demand the resolution of all the judges . first , the justices of serjeants inn in chancery lane did meet and agree , that the king may not , in this case put the party to the rack . and the fourteenth of november all the justices being assembled at serjeants inn in fleetstreet , agreed in one , that he ought not by the law to be tortured by the rack , for no such punishment is known or allowed by our law. and this in case of treason was brought into this kingdom in the time of henry . note fortescue for this point , in his book de laudibus legum angliae , see the preamble of the act . h. . for the trial of fellony , where treasons are done upon the sea , and statute . edw. . ch. . of jaylours or keepers who by duresse make the prisoners to be approvers . since the last session of parliament , certain merchant ; who traded in wines , had been committed to the fleet for the non-payment of an imposition of . s. the tun , and were now at liberty upon their entring into bond for the payment of that imposition . moreover the king in full councel declared his absolute will and pleasure to have the entry of . s. . d. the hundred upon all currens to be satisfied equally with that of . s. . d. before the landing of that commodity , it being a duty laid by queen elizabeth , who first gave being to the levant company , and which had been paid both in his fathers time and his own , and that their majesties were equally possessed of the whole summe of . s. . d. the hundred by a solemn and legal judgement in the exchequer , and he straightly charged his councel to examine the great abuse in this point , and to make a full reparation to his honour , by inflicting punishment as well upon officers as merchants , that for the future they may beware of committing such contempts . and divers merchants of london having forcibly landed , and endeavoured to carry away their goods and merchandises from the custom-house key , without payment of duties , were summoned to the councel-table : and the councel was informed against them , that they had caused great and unlawful assemblies of people to be gathered together , to the breach of the kings peace , and mr. chambers was committed to prison by the lords of the councel , for some words spoken at that time , michaelmas . car. richard chambers being in prison in the marshalsie , del hostel de roy , desired an habeas corpus , and had it , which being returable upon the . day of october , the marshall returned , that he was committed to prison the . day of septemb. last , by command of the lords of the councel . the warrant verbatim was , that he was committed for insolent behaviour , and words spoken at the councel-table , which was subscribed by the lord keeper , and twelve others of the councel . [ the words were , as information was given , though not expressed in the return , that such great customes and impositions were required from the merchants in england , as were in no other place , and that they were more screwed up , then under the turk . ] and because it was not mentioned what the words were , so as the court might adjudge of them , the return was held insufficient , and the warden of the prison advised to amend his return : and he was by rule of the court appointed to bring his prisoner by such a day without a new habeas corpus , and the prisoner was advised by the court , that in the mean time he should submit to the lords , and petition them for his enlargement , the warden of the prison bringing the prisoner in again in court , the . day of october . then mr. iermin for the prisoner moved , that forasmuch as it appeared by the return , that he was not committed for treason or felony , nor doth it appear what the words were , whereto he might give answer , he therefore prayed , he might be dismissed or bailed . but the kings attourney moved , that he might have day untill the . of october , to consider of the return , and be enformed of the words , and that in the interim , the prisoner might attend the councel-table , and petition . but the prisoner affirmed , that he oftentimes had assayed by petition , and could not prevail , although he had not done it since the beginning of october ; and he prayed the justice of the law , and the inheritance of a subject ; whereupon , at his importunity , the court commanded him to be bailed : and he was bound in a recognizance of four hundred pounds , and four good merchants his sureties were bound in recognizance of one hundred pound a piece , that he should appear here in crastino animarum , and in the interim should be of the good behaviour ; and advertized him , they might , for contemptuous words , cause an indictment or information in this court to be drawn against him , if they would . the lords of the councel were much dissatisfied with the bailing of chambers . whereupon the judges were ●ent for to the lord keeper at durham house ; where were present , besides the lord-keeper , the lord treasurer , lord privy seal , and the chancellor of the dutchy ; and the lord keeper then declared unto them , that the said enlargement of chambers was without due regard had to the privy councel , in not first acquainting them therewith . to this the judges answered , that to keep a fair correspondency with their lordships , they had by the lord chief-justice acquainted the lord keeper in private therewith , before they baild the party : and that what they had done as to the bailing of the prisoner was according to law and justice , and the conscience of the judges . to this it was replied that it was necessary for the preservation of the state , that the power and dignity of the councel table should be preserved , and that it could not be done without correspondency from the courts of justice ; so they parted in very fair tearms . on thursday the . of november , felton was removed from the tower to the gate-house in order to his tryal , and was the same day brought by the sheriffs of london to the kings-bench bar , and the indictment being read , he was demanded whether he were guilty of the murder therein mentioned : he answered he was guilty in killing the duke of buc. and further said that he did deserve death for the same , though he did not do it out of malice to him . so the court passed sentence of death upon him , whereupon he offered that hand to be cut off that did the fact , but the court could not upon his own offer inflict that further punishment upon him , neverthelesse the king sent to the judges to intimate his desire , that his hand might be cut off before execution , but the court answered that it could not be , for in all murthers the judgement was the same , unlesse when the statute of . e. . did alter the nature of the offence , and upon a several indictment , as it was in queen elizabeths time , when a felon at the bar flung a stone at a judge upon the bench , for which he was indicted and his sentence was to have his hand cut off , which was accordingly done , and they also proceeded against him upon the other indictment for felony , for which he was found guilty , and afterwards hanged ; and felton was afterwards hung up in chains in manner as is usual upon notorious murders . in michaelmas term the farmers and officers of the custom house seized great quantities of currants belonging to mr. samuel vassal of london merchant , because he refused to pay an imposition of five shillings and six pence upon every hundred weight of the said currants so imported , alledged to be due , and demanded on his majestie behalf , mr. vassal refused to pay the same , conceiving it was an imposition against the law of the land ; whereupon the kings attourney general exhibited an information in the exchequer against the said vassal , setting forth that king iames did by his letters patents command the taking the said imposition , and that his majesty that now is , by his letters patents , dated . iunii , . caroli , by the advice of his privy councel did declare his will and pleasure to be , that subsidies , customs , and impost should be leavied in such manner , as they were in the time of king iames , until it might receive a setling by parliament , and the information did set forth , that the said samuel vassall before the first day of october , . car. did bring into the port of london , . hundred weight of currants , for which he refused to pay custom . to this information the said samuel vassal appeared , and pleaded the statute of magna charta , and the statute de talagio non concedendo , and that he was a subject born under the kings allegiance , and a merchant , and that the said imposition of five shillings six pence upon every hundred weight of currants , was not antiqua seu recta consuetudo , and that it was imposed without assent of parliament , to which plea the said attourney general demurred in law , and mr. vassall joyned in demur , &c. afterwards the barons of the exchequer did publickly deny to hear master vassals councel to argue for him , saying , that his the said vassalls case would fall under the same rule with one bates case , and therefore the case was already adjudged . master vasalls councel alledged that they had nothing to do with bates his case , but desired to argue master vassalls case . the barons replied that they knew the opinion of the court , and should be heard no further ; and said that the king was in possession , and they would keep him in possession ; and shortly after the court of exchequer imprisoned the said master vassall for not paying such sums of mony as the officers of the custome-house required , as due upon the said imposition , and he could not obtain restitution of his goods , and the court gave their opinion upon the said information for the king against mr. vassal . about the same time divers goods and merchandizes belonging to richard chambers of london merchant , were seized and conveyed into store-houses at the custom-house , by the officers of the custom , because the said chambers refused to pay the subsidy of tunnage and poundage demanded by the farmers , the said chambers conceiving no such subsidy or duty was due or payable , the same having not been granted by parliament to his majesty , and having sued forth a writ of replevin , the proper remedy in law to regain the possession of his goods ; the barrons of the exchequer did order an injunction under the seal of the said court directed to the sheriffs of london commanding them thereby not to execute the said writ , or any the like writs of replevin , that should afterwards be sued forth by any person or persons for the delivery of any goods in the like nature detained , and did declare publickly in court that the said goods by law were not repleviable , and the sheriffs of london did accordingly forbear to execute the said writ of replevin . master chambers finding this obstruction , offered to give great security unto the court for payment of such duties as should be made appeare to be made payable to his majesty in such manner , as the said barrons should direct the court afterwards debating this matter , would not give way thereunto , unlesse the said chambers would deposite all such summes of money as the said officers respectively demanded of him , for duties to his majesty which he refused to do . the court did order the officers of the custom to detain double value of the summes by them demanded for duties to his majesty , and to restore the residue . the same course of proceeding the barrons of the exchequer held in the case of master iohn rolls of london merchant , whose goods were detained for not paying of tunnage and poundage . the meeting of the parliament now drawing nigh , the king consults with a select committee of his privy councellors , what probably the parliament at their next meeting would insist upon , and how the privy councel ( who are members of the parliament ) shall demean themselves in such cases : and first it was proposed to his majesties consideration , that if in the house of commons it shall be moved with any strength , that the merchants goods be delivered , before they proceed to the bill of tunnage and poundage , the answer by such as are privy councellors and members of the house to be , that if the house intend to grant tunnage and poundage to the king , as it hath been granted to his predecessors , it will end all dispute , but if they proceed otherwise then before they come to a resolution , the king to speak to them , and to declare , that though his predecessors claimed it not but by grant of parliament , yet took it de facto , until it was granted by parliament , and that his majesty hath done the like , and that if they will passe the bill to his majesty as his ancestors had it , his majesty will do any reasonable thing , to declare that he claimes not tunnage and poundage otherwise then by grant in parliament , but if this do not satisfie , then to avow a breach upon just cause given , not sought by the king. and for bringing the kings business to a speedy issue , it was advised , that the bill of tunnage and poundage be prepared before the parliament sit , in the same form as it passed to king iames , adding words to give it from the first day of the kings reigne , and that the bill be presented at the first sitting of the parliament , and the privy councel of the house to declare that his majesty caused it to be timely presented , to cut off all questions and debates , and to perswade them to a dispatch thereof , and that they will returne a speedy answer whether they will grant tunnage and poundage or not . they also took into consideration divers other matters , which they apprehended the parliament would insist upon , as proceeding to censure the actions of the duke of buckingham , to accuse some of the kings servants now living , upon common fame , to cast personal aspersions in parliament upon the kings councellors , or to charge them with giving ill counsel to the king , to handle questions touching matters of religion , proper for his majesty , and a convocation to determine , to raise objections against his majesties speech the last day of the last session , as trenching upon the liberty of the subject , in these and the like cases the privy councel of the house were to be instructed how to demean themselves , and to advise all fair and possible means to have a good agreement between his majesty and his people . but in case the house proceed upon any of the particulars before mentioned , and draw towards a resolution , that the privy councel who are of the house , do intimate that these debates will tend to a breach , and will not be admitted of , and the king thereupon to declare himself presently , that he will not suffer such irregular courses of proceeding . so soon as the parliament reassemble on tuesday the . of ianu. in the first place , the commons inquired whether the petition of right , with his majesties answer unto it were inrolled in the parliament rolls , and the courts of westminster , as his majesty promised them the last session : and they found his majesties speech made the last day of the session , entred by his majesties command , together with the petition , and norton the kings printer being called into the house , and demanded by what warrant the additions ( besides his majesties answer ) to the petition of right were printed , he said there was a warrant , as he thought from the k. himself , and being demanded whether there were some copies printed without additions , he said there were about . but they were suppressed by warrant , and mr. attourney general commanded that no more of them should be printed , and that those that were first printed should not be divulged . the next thing taken into consideration , was the violation of the liberties of the people , since the end of the last session , even contrary to the petition of right , some having been since the time committed , and a command sent to the sheriff not to execute a replevin , when mens goods and merchandises have been taken away , and it was instanced in the case of mr. rolls a merchant , and known to be a member of the house , to whom it was said by some of the officers of the custome house , if all the parliament were in you , we would take your goods . whereupon sir robert philips made this speech . by this information you see how unfortunate these times are , and how full time it was for this assembly to meet to serve his majesty , and to serve their countrey , and i am confident , that coming hither with fulness of affection , to our king and countrey , all will conduce to a happy conclusion , and to the kings honour : indeed our own great and weighty affairs wound deep , cast your eyes which way you please , you shall see violations on all sides , look on the liberty of the subject , look on the priviledge of this house , let any say , if ever he saw or read the like violations by inferiour ministers that over do their command ; they knew the party was a parliament man , nay , they say , if all the parliament were in you , this we would do , and justifie it . if we suffer the priviledge of parliament and liberty of subjects to be thus violated , for fear of complaint , we give a wound to the happiness of the kingdom . the course of iustice is interrupted , and an order in the exchequer made for the stay of the goods , and since there is a seisure , upon the approach of parliament , of goods amounting to five thousand pounds for a pretended duty of two hundred pounds custome , its time to look about us . in the first year of king james , by reason of the sicknesse that there was , the parliament was prorogued ; and then there were some so bold as to take this tunnage and poundage , and then we questioned the men tha● demanded it . let us proceed with affection of duty , and make up breaches , let a committee be appointed for the examination of these proceedings . this businesse was referred to a committee , and the officers of the custome house ( who had seized these merchants goods ) were ordered to be sent for , and whilst they were in debate of this businesse , the king sent a message to the house , and willed them to desist from further debate of those matters concerning tunnage and poundage , till the next day in the afternoon , at which time , he would speake with them at the banqueting house at whitehall , where his majesty made this speech . the care i have to remove all obstacles that may hinder the good correspondency between me and this parliament , is the cause i have called you together at this time , the particular occasion being a complaint made in the lower house . and for you my lords , i am glad to take this , and all other occasions whereby you may clearly understand both my words and actions , for as you are neerest in degree , so you are the fittest witnesses unto kings . the complaint i speak of is for staying mens goods that denyed tunnage and poundage , this may have an easie and short conclusion , if my words and actions be rightly understood , for by passing the bill as my ancestors have had it , my by-past actions will be included , and my future proceedings authorized , which certainly would not have been stuck on , if men had not imagined that i had taken these duties as appertaining to my hereditary prerogative , in which they are much deceived , for it ever was , and still is my meaning , by the gift of my people to enjoy it , and my intention in my speech at the ending of the last session concerning this point , was not to challenge tunnage and poundage as of right , but de bene esse , shewing you the necessity , not the right by which i was to take it untill you had granted it to me , assuring my self , according to your general professions , you wanted time , not will to give it me . wherefore now having opportunity , i expect that without losse of time , you make good your professions , and so by passing of a bill , put an end to all the questions arising from this subject : especially since i have cleared the onely scruple that can trouble you in this businesse ; to conclude , let us not be jealous one of the others actions , for if i had been easily moved at every occasion , the order you made on wednesday last , might have made me startle , there being some shew to suspect that you had given your selves the liberty to be the inquisitors after complaints ( the words of your order being somewhat too largely pend ) but looking into your actions , i find you only here complainers , not seeking complaints : for i am certain you neither pretend , nor desire the liberty to be inquisitors of mens actions before particular complaint be made . this i have spoken , to shew you how slow i am to believe harshly of your proceedings , likewise to assure you , that the houses resolutions , not particular mens speeches , shall make me judge well or ill , not doubting , but according to my example you will be deaf to ill reports concerning me , till my words and actions speake for themselves , that so this session beginning with confidence one towards another , it may end with a perfect good understanding between us . which god grant . munday the . of ianuary . mr. secretary cook delivered a message from the king to the house of commons , that the bill for tunnage and poundage might be speedily taken into consideration , and that time might not be slipt , and did very much press ( in his majesties n●me ) the reading thereof as a matter of weight and importance , and said that he spake it for their service , and that moderation in their proceedings , would be of great advantage to them ; but the house being troubled to have the bill imposed upon them , which ought naturally to arise from themselves , did at that time forbear to speak their minds freely , and resolved to husband their time , and did accordingly further impower the committee to examine violation of libertie , and property since the last session of parliament , and resolved to proceed in the next place , with matters of religion , and particularly against the sect of arminians , upon which occasion mr. rous spake to this purpose . mr. speaker , we have of late entered into consideration of the petition of right , and the violation of it , and upon good reason , for it concerns our goods , liberties , and laws , but there is a right of higher nature , that preserves for us far greater things , eternal life , our souls , yea our god himself , a religion derived to us from the king of kings , confirmed upon us by the kings of this kingdom , enacted by laws in this place , streaming down to us in the blood of martyrs , witnessed from heaven by miracles , even miraculous deliverances , and this right in the name of this nation , i this day require and claim that there may be a deep , and serious consideration of the violation of it ; i desire it may be considered wh●t new paintings are laid on the old face of the whore of babylon , to make her shew more lovely , and to draw so many suitors to her , i desire that it may be considered how the see of rome doth eat into our religion , and fret into the banks , and walls of it , the laws and statutes of this realm , especially since those laws have been made in a manner by themselves , even by their own treasons , and bloody designs : and since that popery is a confused heap of errors , casting down kings before popes , the precepts of god , before the traditions of men ( living and reasonable men ) before dead and sensless stocks and stones ; i desire that we may consider the increase of arminianism , an error that makes the grace of god lackey it after the will of man , that makes the sheep to keep the shepherd , and makes a mortal seed of an immortal god. yea i desire that we may look into the very belly and bowells of this trojan horse , to see if there be not men in it ready to open the gates to romish tyranny , and spanish monarchy : for an arminian is the spawn of a papist , and if there come the warmth of favour upon him , you shall see him turn into one of those froggs that rise out of the bottomless pit ; and if you mark it well , you shall see an arminian reaching out his hand to a papist , a papist to a jesuite , a jesuite gives one hand to the pope , and another to the king of spaine , and these men having kindled a fire in our neighbour country , now they have brought over some of it hither , to set on flame this kingdom also : yea , let us further search and consider whether these be not the men , that break in upon the goods and liberties of this common-wealth , for by this means they make way for the taking away of our religion ; it was an old trick of the devil , when he meant to take away iobs religion , he begun at his goods , saying , lay thy hand on all he hath , and he will curse thee to thy face ; either they think thereby to set a distaste between prince and people , or else to finde some other way of supply , to avoid or break parliaments : that so they may break in upon our religion , and bring in their errours . but let us do as iob did , who being constant against temptation , held fast his religion , and his goods were restored to him with advantage , so if we hold fast god and our religion , these things shall be added unto us ; let us consider the times past , how this nation flourished in honour and abundance , when religion flourished amongst us ; but as religion decayed , so the honour and strength of this nation decayed also ; when the soul of a common-wealth is dead , the body cannot longer overlive it ; if a man meet a dogg alone , the dogg is fearful , though never so fierce by nature , but if that dogg have his master by him , he will set upon that man , from whence he fled before . this shews that lower natures being backt with the higher , increase in courage and strength ; and certainly man being backt with omnipotency , is a kind of omnipotency , all things are possible to him that believeth , and where all things are possible ; there is a kind of omnipotence ; wherefore let us now by the unanimous consent and resolution of us all , make a vow and covenant , henceforth to hold fast , i say to hold fast , our god , and our religion ; and then may we from henceforth certainly expect prosperity on this kingdom and nation , and to this covenant let every man say , amen . tuesday the . of ianuary . a report was made to the house from the committee for religion , of matters concerning religion , which passed the last session and were since that time delivered by the clerk ( by command from the king ) to some whom his majesty had sent for the same ; for want whereof the committee could not proceed , hereupon master secretary cook brings this message from the king , that his majesty understanding the r●monstrance concerning religion was called for , was pleased ( to take away all question ) to command him to deliver it unto them , hoping never the lesse that they will proceed with the bill for tunnage and poundage , and give precedency to that business , and so put an end to a further dispute between some of his subjects [ meaning the customers , and merchants , whose goods were seized by the customers for tunnage and poundage , ] or else he shall think his speech , which was with good applause accepted , had not that good effect which he expected . but the house thought fit to prefer religion , and to give it the first place in their debates , saying , if popery and arminianisme joyne hand in hand together , it would by degrees bring in spanish tyranny , under which these laws and liberties , must cease . besides that it was fit time to enquire what persons have been advanced to ecclesiastical preferments , and to whom pardons have been granted since the last session ; that religion concerns the king as well as the subjects , and the work of the lord must not be done negligently , whereupon the house was disolved into a commitee , and gave religion the precedency of tunnage and poundage . and in the commitee mr. pymme spake as followeth . two diseases there be ( said he ) the one old , the other new ; the old popery , the new arminianism ; there be three things to be inquired after concerning popery . . the cessation of the execution of laws against papists . . how the papists have been imployed and countenanced . . the law violated in bringing in of superstitious ceremonies amongst us , especially at durham , by mr. cozens , as angels , crucifixes , saints , altars , candles on candlemas day , burnt in the church after the popish manner . for arminianisme let it be advised . . that a way be open for the truth . . that whereas by the articles set forth , . and by the catechism set forth in king edward the sixths days , and by the writing of martin bucer , and peter martyr , who were employed in making our articles ; and by the constant professions , sealed by the blood of so many martyrs , as cranmer , ridley , and others , and by the . articles in queen elizabeths time , and by the articles agreed upon at lambeth , as the doctrine of the church of england , which king iames sent to dort , and to ireland , and were avowed by us and our state ; his majesty hath expressed himself in preserving unity in religion established , though his royal intention , notwithstanding , hath been perverted by some to suppresse the truth . let us shew wherein these late opinions are contrary to those setled truths , and what men have been since preferred , that have professed these heresies ; what pardons they have had for false doctrine ; what prohibiting of books , and writings against their doctrine , and permitting of such books as have been for them : let us inquire after the abettors ; let us enquire also after the pardons granted of late to some of these , and the presumption of some that dare preach the contrary to truth before his majesty . it belongs to the duty of parliament to establish true religion , and to punish false ; we must know what parliaments have done formerly in religion . our parliaments have confirmed general councels . in the time of king henry . the earl of essex was condemned for countenancing books of heresie ; for the convocation , it is but a provincial sinod of canturbury , and cannot bind the whole kingdom . as for york that is distant and cannot do any thing to bind us or the laws ; for the high-commission , it was derived from parliament . wednesday . secretary cook delivered another message to the house concerning the precedency of tunnage and poundage , declaring that his majesty intends not thereby to interrupt them , as to religion , so that they do not intrench on that which belongs not to them which message was seconded by sir thomas edmonds in these words . i am sorry the house hath given cause to so many messages about tunnage and poundage after his majesty hath given us so much satisfaction , you may perceive his majesty is sensible of the neglect of his businesse , we that know this , should not discharge our duties to you if we should not perswade you to that course which should procure his majesties good opinion of you : you your selves are witnesses how industrious his majesty was to procure you gracious laws in his fathers time , and since , what inlargement he hath made of our liberties , and still we give him cause to repent him of the good he hath done . consider how dangerous it is to alienate his majesties heart from parliaments . master corriton replied . when men speak here of neglect of duty to his majesty , let them know we know no such thing , nor what they mean : and i see not how we do neglect the same ; i see it is in all our hearts to expedite the bill of tunnage and poundage in due time : our businesse is still put back by these messages , and the businesse in hand is of god ; and his majesties affairs are certainly amisse , and every one sees it , and woe be to us , if we present them not to his majesty . the house resolved to send an answer to the king , that these messages are inconvenient , and breed debates and losse of time , and did further resolve that tunnage and poundage , arising naturally from this house , they would in fit time take such a course therein , as they hoped would be to his majesties satisfaction and honour , and so again agreed to proceed at present in matters of religion . sir iohn eliot upon this occasion spake to this purpose , i have always observed ( said he ) that in the proceedings of this house , our best advantage is order , and i was very glad when that noble gentleman , my country-man , gave occasion to state our proceedings , for i fear it would have carried us into a sea of confusion and disorder , and having now occasion to present my thoughts in this great and weighty businesse of religion , i shall be bold to speak a few words . there is a jealousie conceived , as if we meant to dispute in matters of faith , it is our profession , this is not to be disputed , it is not in the parliament to make a new religion , nor i hope shall it be in any to alter the body of the truth , which we now professe , i must confess amongst all those fears we have contracted , there ariseth to me not one of the least dangers in the declaration that is made and publisht in his majesties name concerning disputing and preaching , let not this my saying bear the least suspition or jealousie of his majesty , for if there be any misprision or error , i hope it is those ministers about him , which not only he , but all princes are subject unto , and princes no doubt are subject to mis-informations , and many actions may be intitled to their names , when it is not done by themselves . antiochus king of asia sent his letters and missives to several provinces , that if they received any dispatches in his name , not agreeable to justice , ignoto se litteras esse scriptas ideoque iis non parerent , and the reason of it is given by gratian , because that oftentimes by the importunity of ministers principes saepe constringuntur , ut non concedenda concedant , are drawn to grant things by them not to be granted ; and as it was in that age , so it may be in this . and now to the particular in the declaration , we see what is said of popery and arminianism , our faith and religion is in danger by it , for like an inundation it doth break in at once upon us . it is said , if there be any difference in opinion concerning the seasonable interpretation of the . articles , the bishops and the clergy in the convocation have power to dispute it , and to order which way they please , and for ought i know , popery and arminianism may be introduced by them , and then it must be received by all , a slight thing , that the power of religion should be left to the persons of these men , i honour their profession , there are among our bishops such as are fit to be made examples for all ages , who shine in vertue , and are firm for our religion , but the contrary faction i like not ; i remember a character i have seen in a diary of e. . that young prince of famous memory , where he doth expresse the condition of the bishops of that time under his own hand writing , that some for sloath , some for age , some for ignorance , some for luxury , and some for popery , were unfit for discipline and government . we see there are some among our bishops who are not orthodox , nor sound in religion as they should be , witness the two bishops complained of the last meeting of the parliament , i apprehend such a feare , that should we be in their power , we may be in danger to have our religion overthrown , some of these are masters of ceremonies , and they labour to introduce new ceremonies into the church ; yet some ceremonies are useful , give me leave to joyn that i hold it necessary and commendable , that at the repetition of the creed we should stand up , to testifie the resolution of our hearts , that we will defend the religion which we profess , and in some churches it is added , they did not only stand upright with their bodies , but with their swords drawn . let us go to the ground of our religion , and lay down a rule on which all others may rest ; then when that is done , it will be time to take into consideration the breakers and offendors of that rule ; hereupon , after some debate the commons entered into this vow . the vow of the house of commons in parliament . wee the commons in parliament assembled , do claim , protest , and avow for truth , the sence of the articles of religion , which were established by parliament , in the thirteenth year of our late queen elizabeth , which by the publique act of the church of england , and by the generall , and currant expositions of the writers of our church , have been delivered unto us . and we reject the sence of the jesuites , and arminians , and all others wherein they differ from us . friday the thirtieth of january . both houses joyn in petitioning the king for a fast. most gracious soveraign , it is the very earnest desire of us your most dutiful subjects , the lords spiritual and temporal , and commons in this parliament assembled , that this meeting may be abundantly blessed with all happy successe in the great affairs of church and state , upon which we are to consult , and that by a cleare understanding , both of your majesties goodness unto us , and of our ever faithfull , and loyal hearts to your majesties royal person and service , ( all jealousies and distractions , which are apparent signs of gods displeasure , and of ensuing mischief being removed ) there may this session , and for ever be , a perfect and most happy union , and agreement between your majesty and all the estates of this realm : but acknowledging that neither this , nor any other blessing can be expected , without the especiall favour of almighty god , upon the observation of the continued increasing miseries of the reformed churches abroad , ( whose cases , with bleeding hearts we compassionate ) as likewise of those punishments already inflicted , and which are like in great measure to fall upon our selves , we have just cause to conceive , that the divine majesty is for our sins exceedingly offended against us , wherefore we do in these , and all other pious respects , most dread soveraign , humbly beseech your most excellent majesty , by your royal consent , and commandment , that not only our selves , but all people of your kingdom , may be speedily enjoyned upon some certain day , by your majesty to be prefixed , by publique fasting , and prayer to seek reconciliation , at the merciful hands of almighty god , so that the prayers of the whole kingdom , joyned with your majesties most princely care , and the faithful hearts and endeavours of this great councel assembled , may procure honour to almighty god in the preservation of his true religion , much honour to your majesty , prosperity to your people , and comfort to your majesties friends and allies . the kings answer to the petition . my lords , and gentlemen , the chief motive of your petition , being the deplorable condition of the reformed churches abroad , is too true : and our duty is so much as in us lieth , to give them all possible help ; but certainly , fighting will doe them more good then fasting : though i doe not wholly disallow of the latter ; yet i must tell you , that the custome of fasting every session , is but lately begun , and i confesse i am not fully satisfied with the necessity of it at this time . yet to shew you how smoothly i desire your businesse to go on , ( eschewing as much as i can questions or jealousies ) i doe willingly grant your request herein , but with this note , that this shall not hereafter be brought into president for frequent fasts , except upon great occasions ; and for form and time , i will advise with my lords the bishops , and then send you a particular answer . soon after the house of commons presented a declaration to the king , touching their resolutions to give precedency to religion . most gracious sovereign , we have within these three dayes received from your majesty a message , putting us in minde of our present entring upon the consideration of a grant of tunnage and poundage , but the manner of possessing , the house therewith being disagreeable to our orders and priviledges , that we could not proceed therein ; and finding our selves in your majesties name pressed in that businesse , and that we should give precedency thereunto , we cannot but expresse some sence of sorrow , fearing that the most hearty and forward affections , wherewith we desire to serve your majesty , are not clearly represented unto you : besides , such is the solicitous care we have in preserving our selves , in your majesties most gracious and good opinion , that it cannot but breed much trouble in us , when ever we find our selves ( as now we are enforced ) to spend that time in making our humble apologies , from whence doe usually arise long debates , which we conceive might very profitably be applyed in the greater services of your majesty , and the common-wealth , which we did with all humble diligence apply our selves unto ; and finding the extream dangers , wherewith our religion is threatned ( clearly presenting it unto our thoughts and considerations ) we thought , and we think , we cannot without impiety to god , disloyalty to your majesty ( and unthankfulnesse to those from whom we are put in trust ) retard our proceedings until something be done to secure us in this maine point , which we prefer above our lives , and all earthly things whatsoever ; and here we do with all humble thankfulnesse acknowledge your majesties most pious care , and princely intentions to suppresse both popery and arminianism ; the professor of the one , being an open enemy 〈◊〉 the maintainer of the other , a subtil and more dangerous underminer of the religion of almighty god , established within your realmes and dominions : the truth of which our whole religion or any part thereof , ( as being sufficiently known , and received generally here of all the members of our church , except onely of some schismatical persons who have of late years taken the boldnesse to broach their contrary corrupt opinions ) we desire should not be called in question , or doubt ; but howsoever it hath pleased your majesty to our exceeding great comfort , by many testimonies to declare your own constant resolution to maintain the said religion , yet we see how your gracious purposes are therin crost , and into what a miserable condition your whole kingdom is likely by that means to be reduced ; we shall earnestlie endeavour , ( as that which doth nearly concerne us ) the safety and prosperitie of your majestie , and people which are in such sort disordered , that ruine thereby threatned to both , may by gods blessing be prevented ; being most heartilie sorrie that these occasions are offered , which did thus hinder our proceedings ; and therefore as well for dignity , and necessitie of the matter , as for that we conceive it to be the most speedy and effectual way , by uniting of all our hearts and endeavours to dispatch all other businesse of importance particularlie those which may seem more immediatlie to respect your majesties profit , we pray that our resolutions of preferring this businesse , before all others may be acceptable to your majestie , to whom , both in the matter and manner of our proceedings , we desire to give all possible satisfaction . whereunto the king thus answered . gentlemen , this answer being somewhat long , may in reason require some time to reply unto it , since as most of you cannot but judge this giveth no satisfaction . therefore i shall give you some short notes upon it ; i cannot think , that whereas you alledge that the bill of tunnage and poundage was brought in against the priviledge of your house ; that you will offer to take so much priviledge from every one of your members , as not to allow them the liberty to bring in any bill whatsoever ; although it be in your power when it is brought in , to do with it what you think good ; and i cannot imagine , you coming together by my power , and to treat of things that i propound unto you , can deny me that prerogative to commend or offer my bill unto you ; though in this particular i must confess , that this bill was not to have been offered to you in my name , as that member of your house can bear witness . as for the cause of delay in my businesse , ( being religion ) there is none of you shall have a greater care for the true preservation of it then my self , which since it is confessed by your answer ; you must either think i want power ( which cannot be ) or that i am very ill councelled , if it be in so much danger as you affirm : though i may say much of this , i will say no more , but that for all this i shall not stop mine ears to you upon this subject , so that in form and matter you transgresse not your limits ; as for tunnage and poundage ; i do not so much desire it out of greediness of the thing ( being perswaded you will make no stop in it , when you once take it in hand ) as out of a desire to put an end to those questions that do arise between me and some of my subjects , thinking it a strange thing , if you should give ear to those complaints , and not to take the sure and speedy way to decide them : besides , i must think it strange , that this business of religion , should only be a hinderer of my affaires , whereas i am certainly informed all other things go according to their ordinary course ; therefore i must still be instant with you ▪ that you proceed with tunnage and poundage with diligence ( not looking to be denied in so just a desire ) and you must not think it strange , i● i finding you slack , give you such further quickning as i shall find cause . hereupon secretary cook did acknowledge , that at the presenting of the bill of tunnage to be read , he said his majesty much desired it , but it was a mistake that his majesty commanded it . wednesday the . of february . the house fell into debate of the kings declaration published in print , to prohibite dispute or preaching one way or other concerning the matters mentioned in the declaration , alledging in the debate that the main end thereof was to suppress the puritan party , and yet to give liberty to the contrary side , and they conceived that bishop laud , and bishop montague , mentioned in the last remonstrance , had advised the king to that declaration ; bishop laud being advanced since the last session of parliament , to be bishop of london , and mr. montague since that time made bishop of chichester ; and a warrant was grantted to the attourney general to draw up a pardon for him , but whereas the warrant was but for one , the attourney put four into the pardon ( viz. ) bishop montague , doctor cosens , doctor sibthorp , and doctor manwaring . tuesday the . of february . whilst the house was in debate touching matters of religion , the ware-house of mr. rolls ( merchant and member of the house then sitting in parliament ) was locked up by a pursuevant , and himself called forth from the committee and served with a subpoenâ . this gave occasion of smart debates in the house , some said they were made the subject of scorn and contempt ; others conceived this to be a bone thrown in by them that have drawn a cloud on the true religion to divert or interrupt them in the prosecution of that matter , and they desired the messenger might be sent for , and be examined by what procurement this subpoenâ was taken forth . sir humphrey may , chancellor of the duchy , and one of the privy councel , assured the house that this neither proceeded from king nor councel , and therefore desired it might be searched into the bottome . and it was afterwards cleared by master atturney general , by his writing a letter to mr. rolls , that the serving a subpoenâ upon him was a mistake ; and prayed that a favourable interpretation might be given of that matter . upon report from the committee for tunnage and poundage , sir iohn wolstenholme , mr. dawes , and mr. carmarthan were ordered to appear at the barr on friday next , and report was made to the house that master atturney ( notwithstanding his letter did give order for the processe against mr. rolls , and that in the bill preferred in the exchequer , it was expressed the merchants did plot , practice and combine against the peace of the kingdome ; this business being a matter of weight , the further consideration thereof was appointed for another day , and no member might go out of town without licence . thursday the . of february . the house was turned into a committee concerning the business of tunnage and poundage , and several merchants did petition that their goods were not only seized , but informations preferred in star-chamber against them ; the committee in their debate inclined that the merchants might have their goods before they enter upon the bill for tunnage , and mr. noy expressed himself in these words . we cannot safely give , unless we be in possession , and the proceedings in the exchequer nullified , as also the information in the star-chamber , and the annexion to the petition of right , for it will not be a gift , but a confirmation , neither will i give without the removal of these interruptions , and a declaration in the bill that the king hath no right but by our free gift ; if it will not be accepted , as it is fit for us to give , we cannot help it ; if it be the kings already , we do not give it . hereupon the house ordered that the barons of the exchequer be sent unto ▪ to make void their injunction and order , concerning the staying of merchants goods , to which the barons returned this answer . whereas the honourable house of commons by order of the . of this instant february have appointed that notice shall be given to the lord treasurer , chancellor , & barons of the exchequer of a declaration made by sir iohn vvolstenholme , abrah . dawes , and rich. carmarthan in the house of commons , that the goods that the merchants brought into the kings store-house , and laid up there for his majesties use , were detained , as they conceive , onely for the duty of tunnage and poundage , and other sums comprized in the book of rates , which notice was given , to the end the said court of exchequer might further proceed therein , as to justice shall appertain ; now the lord treasurer , chancellour and barons out of their due respect to that honourable house , and for their satisfaction , do signifie that by the orders and injunctions of the said court of exchequer they did not determine , nor any way touch upon the right of tunnage and poundage , and so they declared openly in court , at the making of these orders , neither did they by the said orders or injunctions barr the owners of those goods , to sue for the same in a lawful course , but whereas the said owners endeavoured to take the same goods out of the kings actual possession by writs , or plaints of replevin , which was no lawful action or course in the kings case , nor agreeable to his royal prerogative , therefore the said court of exchequer , being the court for ordering the kings revenue , did by those orders and injunctions stay those suits , and did fully declare by the said orders , that the owners , if they conceived themselves wronged , might take such remedy as the law alloweth . richard weston , iohn walter , tho. trevor . lo. newburgh . iohn denham . george vernon . the answer of the lord treasurer and barons , instead of satisfaction expected by the house , was looked upon as a justification of their actions , whereupon a motion was made to go on , to consider of their proceedings , and whether ever the court of exchequer held this course before , for staying of replevins , and whether this hath been done by prerogative of the king in his court of exchequer . a report was made from the committee concerning the pardons granted by the king since the last session , to certain persons questioned in parliament , and the reporter informed the house , that they do finde upon examination that dr. sibthorpe , and mr : cosens did solicite the obtaining of their own pardons , and that they said the bishop of winchester would get the kings hand to them , and it did also appear to the committee , that the bishop of winchester did promise the procuring of mr. montagues pardon , that dr. manwaring solicited his own pardon , and that the bishop of winchester got the kings hand to it , mr. oliver cromwell being of this committee , informed the house what countenance the bishop of winchester did give to some persons that preached flat popery , and mentioned the persons by name , and how by this bishops means , manwaring ( who by censure the last parliament , was disabled for ever holding any ecclesiasticall dignity in the church , and confessed the justice of that censure ) is nevertheless preferred to a rich living : if these be the steps to church preferment ( said he ) what may we expect . a petition from the booksellers and printers in london , was also presented , complaining of the restraint of books written against popery and arminianism , and the contrary allowed of by the only means of dr. laud bishop of london , and that divers of the printers and booksellers have been sent for by pursuivants for ●rinting books against popery , and that licensing is only restrained to the bishop of london and his chaplains , and instanced in certain books against popery , which were denyed to be licenced . upon which occasion mr. selden declared , that it is true , there is no law to prevent the printing of any books in england , only a decree in star-chamber , and he advised that a law might be made concerning printing , otherwise he said a man might be fined , imprisoned , and his goods taken from him by vertue of the said decree , which is a great invasion upon the liberty of the subject . the house of commons being informed that an information was preferred in the star-chamber , against richard chambers and others , concerning some matters that fell out about their refusal to pay tunnage and poundage since the last session of parliament , because the same was not granted by act of parliament , they referred the same to a committee to examine the truth of their proceedings , and that whither they ought not to have priviledge of parliament , in regard they had then a petition depending in parliament to protect them against the said proceedings , and sir william acton sheriff of london , being examined before the committee concerning some matters about the customers , and not giving that cleare answer which he ought , and as the house conceived he might have done , was therefore committed to the tower of london . and a question mas made in the house at that time , whether the house had at any time before committed a sheriff of london to prison , to which mr. selden made answer , that he could not call to mind a president of sending one sheriff of london to prison , but he well remembred a president of sending both the sheriffs of london to the tower , and instanced the case . friday february . the parliament fell into consideration of the great increase of popery , and it was moved to examine the releasing of the jesuites that were arraigned at newgate , whereof one onely was condemned , though they were ten in number , and they all priests , and had a colledge here in london about clerken-well , these men ( said some ) could not attempt these acts of boldness , but that they have great countenancers . hereup●n secretary cook declared that a minister of state having notice of these ten persons , and this colledge intended to be kept at clarkenwell , acquainted his majesty with it , and i should not discharge my duty , if i should not declare how much his m●jesty referred it to the especial care of the lords of the councel , who examining the same , sent those ten persons to newgate , and gave order to mr. attourney to prosecute the law against them . he further added , that this colledge was first at edmonton , removed from thence to camberwel , and thence to clerkenwell . hereupon it was ordered that all the knights and burgesses of the house , shall to morrow morning declare what knowledge they have of letters , and other means that have been used for the staying of proceedings against recusants , and messengers were sent to mr. attourney to examine him touching that matter . mr. long a justice of peace , who was said to understand much in the same business ; was likewise sent for and examined , and said ; that by the appointment of mr. secretary cook , he apprehended these persons , and took their examinations , and said further , that he heard they were delivered out of newgate , by order from mr. attourney ; that mr. middlemore a general solicitor for the papists hired this house , and that there are divers books of accompts , of receipts and disbursements to the value of . l. per an . with divers recusants names , who allowed towards the maintenance of this colledge , and these books and papers are in the hands of mr. secretary cook. it was further reported from the committee , that the priest taken at clerkenwell , which was condemned , should be reprieved by a warrant from the king , signified by a privy councellor : and another warrant was produced by the keeper of newgate , under the hand of the kings atturney general to release the other . priests ; to which mr. secretary cook replyed , the k. being merciful in case of blood , gave direction for the reprieving the condemned priest , but the house not willing to let this pass , appointed certain of their members to go to the lord chief justice and the rest of the judges , who were there present at the trial , to know why the papers and evidences which mr. long had to produce , were not made use of . the committee appointed to examine the atturny-general , reported this answer : i did receive ( said the atturny ) order touching some persons taken in clarkenwel , conceived to be priests , from the council-board , and for that refer myself to the order . and i conceive i did follow the directions of that order . i did my self cause them to be sent for from the several prisons where they were formerly committed , and i committed them all to newgate , as the order from the council-board directed ; and i gave directions for indictments to be drawn against them , as for being priests ; and i sent for , and conferred with the witnesses , and took their informations : and i sent for mr. long who was formerly acquainted with that business , as i was advised to do by mr. secretary cook , and desired him to take special care thereof at the sessions . and i did not conceive , that by the order i was directed to go thither my self ; but if i had been so directed , and had so conceived it , i should not have declined the service . i know not , nor never heard of any lands conveyed to the use of these persons , or of any foundation there ; but there was some mention made thereof in some of the papers delivered to me by mr. secretary , but so generally , as i know not how to enquire thereof ; but i did take care to intitle the king to the goods , as the special directions to me was by the order of the board ; and the indictment failed to be found against all but one : and i gave warrant to the treasurers remembrancer of the exchequer , for a special commission to that purpose ; and i advised with mr. long , who were sit commissioners for that purpose ; and after with mr. scrivener : and a commission was granted to gentlemen of very good quality , and an inquisition is found and returned accordingly , whereby the king is intitled to the goods . i had warrant from his majesty to bayl them : but for the manner of that , i must crave leave to acquaint the king therewith , before i answer any further . i understood that an indictment was preferred against three of them for treason , and i did direct mr. long , that if the indictment should not be ●ound for treason , yet to tender them and all the rest the oath of allegeance , to bring them within the kings mercy , upon a premunire , if they should refuse the oath : and i understood the oath was ministred to them accordingly at that sessions ; and i understood after , that the indictment was found against one of them onely to be a priest , and that the other were quit . therefore receiving an express commandment from the king for the bayling of them , i did conceive they were baylable , which otherwise of my self i would not have done : the bonds i took , and keep them my self , for the surety , i refer my self to the bond , and understand that some of them were house-keepers in the town . i gave directions for indictments to be drawn against them , but i gave no special directions , whether it should be drawn as against iesuits or priests , but left that to the care of mr. long ; and did not then conceive there was any difference in the substance of the indictment for treason between priests and iesuits . i can give no special reason why i rather bound them to appear at the council-table then at the sessions , but only this , because i received my first directions from the council-board . when the sessions was past , i did enquire of mr. long what was the success of these indictments : who informed me , that one only was found guilty of being a priest ; and thereupon i gave order for the commission before mentioned to enquire of their goods . and being again sent unto for a clearer answer , he said , for he warrant which i received for the discharge of the prisoners , and the bond taken by me upon their deliverance , which has a dependance upon that warrant , and whereof ye require an account , i have attended his majesty , but ye have no leave to shew them ; and the bonds being taken but in december last , i keep them with me , as i conceive was proper for my place ; but shall be ready to deliver them when i shall receive a commandment to that purpose . wednesday the eighteenth of february , the fast was kept ; and the nineteenth of february , mr. dawes one of the customers , being called in to answer the point of priviledge in taking mr. rolls goods , a member of this house , said , that he took mr. rolls goods by vertue of a commission under the great seal , and other warrants . that he knew mr. rolls demanded his priviledge , but he did understand his priviledge did onely extend to his person , not to his goods . and he further said , he took those goods for such duties as were due in the time of king james , and that the king had sent for him on sunday last , and commanded him to make no other answer . mr. carmarthen , another of the customers , being called in , said , that he knew mr. rolls to be a parliament-man , and told him , he did not finde any parliament-man exempted in their commission ; and as for the words charged on him , that he should say , if all the body of the house were in him , he would not deliver the goods ; he answered , if he said he would not , it was because he could not . mr. selden hereupon said , if here be any near the king that doth mis-present our actions , let the curse light on them , not on us ; and believe it , it is high time to vindicate our selves in this case , else it is in vain for us to sit here . it was hereupon resolved by question , that this shall be presently taken into consideration ; and being conceived to be a business of great consequence , it was ordered that the house be dissolved into a committee , for the more freedom of debate ; and that no member go out of the house without leave , during the sitting of the committee . mr. noy was of opinion , that the customers had neither commission nor command to seize , therefore without doubt the house may proceed safely to the question ; that the priviledge is broken by the customers , without relation to any commission or command from the king : which motion was seconded by mr. nathaniel rich. munday the of february , the same business continued under debate , and some were for a bare restitution of the goods taken , others for impleading those who took them as delinquents : in the mean time , mr. secretary brought this message from the king , that it concerns his majesty in a high degree of justice and honour , that truth be not concealed ; which is , that what the customers did , was by his own direct order and command , at the council-board , himself being present : and though his majesty takes it well that the house have severed his interest from the interest of the customers , yet this will not clear his majesties honour , if the said customers should suffer for his sake . this message was grounded upon this ensuing order made the day preceding by the king in full council . at white-hall the of february , . this day his majesty in full council taking knowledge of the debate in the house of commons the day before , concerning the officers of his customs , and of the respect used by the committee to sever the private interest of the said officers from that of his maj●sty ; holding it to concern him highly in justice and honour , to let the truth in such a point touching his servants , to be either concealed or mistaken , did there declare , that what was formerly done by his farmers and officers of the customs , was done by his own direction and commandment , and by direction and commandment of his privy-council , himself for the most part being present in council : and if he had been at any time from the council-board , yet he was acquainted with their doings , and gave full direction in it ; and therefore could not in this sever the act of his officers from his own act , neither could his officers suffer for it without high ▪ dishonour to his majesty . this being particularly voted by the whole council , was the general assent of them all ; and accordingly mr. secretary cook had order to deliver a message the next day from his majesty to the house of commons . the kings commission to the lord treasurer , and barons of the exchequer , and to the customers of the ports , was to this effect : c. r. whereas the lords of our council taking into consideration our revenue , and finding that tonnage and poundage is a principal revenue of our crown , and has been continued for these many years ; have therefore ordered all those duties of subsidie , custome and impost , as they were in the of king iames , and as they shall be appointed by us under our seal , to be levied : know ye , that we by advice of our lords , declare our will , that all those duties be levied and collected as they were in the time of our father , and in such manner as we shall appoint : and if any person refuse to pay , then our will is , that the lord treasurer shall commit to prison such so refusing , till they conform themselves ; and we give full power to all our officers from time to time to give assistance to the farmers of the same , as fully as when they were collected by authority of parliament . soon after report was made from the grand committee , that they took into their consideration the violation of the liberty of the house by the customers ; and at last they resolved that mr. rolls , a member of the house , ought to have priviledge of person and goods ; but the command of the king is so great , that they leave it to the house . after the passing of this vote , the kings late message by mr. secretary cook was taken into consideration . some took occasion to say , that these interruptions proceeded from some prelates , and other abettors of the popish party , who feare to be discovered , and would provoke to a breach : to which sir humphry may reply'd : we have oyl and vinegar before us ; if you go to punish the customers as delinquents , there is vinegar in the wound : think rather of some course to have restitution ; others said , delinquency cannot be named , but presently a breach must be intimated : when we do that which is just , let there be no fear nor memory of breaches , and let us go to the delinquency of the men . hereupon sir iohn elliot made a speech , and therein named dr. neal the bishop of winchester , and the great lord treasurer , in whose person ( said he ) all evil is contracted ; i find him acting and building on those grounds laid by his mr. the great duke ; and his spirit is moving to these interruptions , and they for fear break parliaments , lest parliaments should break them ▪ i find him the head of all the great party ; the * papists , all jesuits and priests derive from him their shelter and protection , &c. a little interruption being here given , he proceeded further in his speech : and afterwards the speaker was moved to put the question then proposed by the house ; but he refused to do it , and said , that he was otherwise commanded from the king. . then said mr. selden , dare not you , mr. speaker , put the question when we command you ? if you will not put it , we must sit still ; thus we shall never be able to do any thing ; they that come after you , may say , they have the kings command not to do it : we sit here by the command of the king under under the great seal , and you are by his majesty sitting in his royal chair before both houses , appointed our speaker ; and now you refuse to perform your office . hereupon the house in some heat adjourned until wednesday next . on wednesday the of february , both houses by his majesties command were adjourned till munday morning the second of march. munday the second of march , the commons meet , and urge the speaker to put the question ; who said , i have a command from the king to adjourn till march the tenth , and put no question : and endeavoring to go out of the chair , was notwithstanding held by some members ( the house foreseeing a dissolution ) till this ensuing protestation was published in the house : viz. whosoever shall bring in innovation of religion , or by favour or countenance seek to extend or introduce popery or arminianism , or other opinion disagreeing from the truth and orthodox church , shall be reputed a capital enemy to this kingdom and commonwealth . . whosoever shall counsel or advise the taking and levying of the subsidies of tunnage and poundage , not being granted by parliament , or shall be an actor or instrument therein , shall be likewise reputed an innovator in the government , and capital enemy to the kingdom and commonwealth . . if any merchant or person whatsoever shall voluntarily yeeld , or pay the said subsidies of tunnage and poundage , not being granted by parliament ; he shall likewise be reputed a betrayer of the liberties of england , and an enemy to the same . hereupon the king sent for the sergeant of the house , but he was detained , the door being lockt ; then he sent the gentleman usher of the lords house , with a message ; and he was refused admittance , till the said votes were read ; and then in much confusion the house was adjourned to the tenth of march , according as it was intimated from his majesty . nevertheless his majesty by proclamation dated the second of march , declares the parliament to be dissolved . the passages of this day and the preceding day in parliament , are hereafter more fully related in the proceedings in the kings bench. by the king. a proclamation about the dissolving of the parliament . whereas we for the general good of our kingdom , caused our high court of parliament to assemble and meet by prorogation , the day of january last past ; sithence which time the same hath been continued . and although in this time by the malevolent dispositions of some ill affected persons of the house of commons , we have had sundry iust causes of offence and dislike of their proceedings ; yet we resolved with patience to trie the uttermost , which we the rather did , for that we found in that house a great number of sober and grave persons , well-affected to religion and government , and desirous to preserve unity and peace in all parts of our kingdom . and therefore , having on the five and twentieth day of february last , by the uniform advice of our privy-council , caused both houses to be adiourned until this present day , hoping in the mean time , that a better and more right understanding might be begotten between us and the members of that house , whereby this parliament might have a happy end and issue . and for the same intent , we did again this day command the like adiournment to be made , until the tenth day of this month : it hath so happened by the disobedient and seditious carriage of those said ill affected persons of the house of commons , that we , and our regal authority and commandment , have been so highly contemned , as our kingly office cannot bear , nor any former age can paralel . and therefore it is our full and absolute resolution to dissolve the same parliament , whereof we thought good to give notice unto all the lords spiritual and temporal , and to the knights , citizens , and burgesses of this present parliament , & to all others whom it may concern , that they may depart about their needful affairs , without attending any longer here . nevertheless ▪ we will that they and all others shall take notice , that we do , and ever will distinguish between those who have shewed good affection to religion and government , and those that have given themselves over to faction , and to work disturbance to the peace and good order of our kingdom . given at our court at whitehal , this second day of march , in the fourth yeer of our reign of great britan , france and ireland . this proclamation was not published till after the tenth of march. the day following warrants were directed from the council to denzil holles esq sir miles hobert , sir iohn elliot , sir peter hayman , john selden esq william coriton , walter long , william stroud , benjamin valentine , commanding their personal appearance on the morrow . at which time , mr. holles , sir iohn elliot , mr. corriton , mr. valentine appearing , and refusing to answer out of parliament , what was said and done in parliament , were committed close prisoners to the tower , and warrants were given , the parliament being still in being , for the sealing up of the studies of mr. holles , mr. selden , and sir iohn elliot : mr. long , and mr. stroud not then , nor of some time after appearing , a proclamation issued out , for the apprehending of them . on the tenth of march , being six days after the commitment of the said members , his majesty being set in his royal throne with his crown on his head , and in his robes , and the lords in their robes also : and divers of the commons below the bar , but not their speaker , neither were they called : his majesty spake as followeth . my lords , i never came here upon so unpleasant an occasion , it being the dissolution of a parliament ; therefore men may have some cause to wonder , why i should not rather chuse to do this by commission , it being a general maxime of kings , to leave harsh commands to their ministers , themselves only executing pleasing things : yet considering that iustice as well consists in reward , and praise of vertue , as punishing of vice ; i thought it necessary to come here to day , and to declare to you and all the world , that it was meerly the undutiful and seditious carriage in the lower house , that hath made the dissolution of this parliament ; and you , my lords , are so far from being any causers of it , that i take as much comfort in your dutiful demeanour , as i am justly distasted with their proceedings ; yet to avoyd their mistakings , let me tell you , that it is so far from me to adjudge all the house alike guilty , that i kn●w that there are many there as dutiful subjects as any in the world , it being but some few vipers among them that did cast this mist of undutifulness over most of their eys ; yet to say truth , there was a good number there , that could not be infected with this contagion ; insomuch that some did express their duties in speaking , which was the general fault of the house the last day . to conclude , as those vipers must look for their reward of punishment : so you , my lords , must justly expect from me that favour and protection , that a good king oweth to his loving and faithful nobility . and now , my lord keeper , do what i have commanded you . then the lord keeper said , my lords and gentlemen of the house of commons , the kings majesty doth dissolve this parliament . whilst the king is preparing a declaration of the causes and motives which induced him to dissolve this parliament , let us see what followed hereupon . the discontents of the common people upon this dissolution were heightned against the powerful men at court , and the kings most inward counsellors : for some few days after , two libels were found in the dean of pauls yard ; one against bishop laud , to this effect ; laud , look to thy self , be assured thy life is sought ; as thou art the fountain of wickedness , repent of thy monstrous sins before thou be taken out of the world ; and assure they self , neither god nor the world can endure such a vile counsellor or whisperer to live . the other was as bad against the l. treasurer weston . the king purposing to proceed against the members of the house of commons who were committed to prison by him in the star-chamber , caused certain questions to be proposed to the judges upon the of april . whereupon all the judges met at sergeants-inne by command from his majesty , where mr. atturney proposed certain questions concerning the offences of some of the parliament-men committed to the tower , and other prisons : at which time one question was proposed and resolved , viz. that the statute of h. . . intituled , an act concerning richard strode , was a particular act of a parliament , and extended onely to richard strode , and to those persons that had joyned with him to prefer a bill to the house of commons concerning tynners ; and although the act be private , and extendeth to them alone , yet it was no more then all other parliament-men by priviledge of house ought to have , viz. freedom of speech concerning those matters debated in parliament by a parliamentary course . the rest of the questions mr. atturney was wished to set down in writing against another day . upon munday following , all the judges met again , and then mr. atturney proposed these questions . . whether if any subject hath received probable information of any treason or treacherous attempt or intention against the king or state , that subject ought not to make known to the king , or his majesties commissioners , when thereunto he shall be required , what information he hath received , and the grounds thereof ; to the end , the king being truly informed , may prevent the danger ? and if the said subject in such case shall refuse to be examined , or to answer the questions which shall be demanded of him , for further inquiry and discovery of the truth , whether it be not a high contempt in him , punishable in the star-chamber , as an offence against the general iustice and government of the kingdom ? sol. the resolution and answer of all the justices , that it is an offence punishable as aforesaid , so that this do not concern himself , but another , nor draw him to danger of treason or contempt by his answer . . whether it be a good answer or excuse , being thus interrogated , and refusing to answer , to say , that he was a parliament-man when he received this information , and that he spake thereof in the parliament-house ; and therefore the parliament being now ended , he refused to answer to any such questions but in the parliament-house , and not in any other place ? sol. to this the judges by advise privately to mr. atturney , gave this answer , that this excuse being in nature of a plea , and an errour in judgement , was not punishable until he were over-ruled in an orderly manner to make another answer ; and whether the party were brought in ore tenus , or by information , for this plea he was not to be punished . . whether a parliament-man committing an offence against the king or council not in a parliament way , might after the parliament ended , he punished or not ? sol. all the judges una voce answered , he might , if he be not punished for it in parliament ; for the parliament shall not give priviledge to any contra morem parliamentarium , to exceed the bounds and limits of his place & duty . and all agreed , that regularly he cannot be compelled out of parliament to answer things done in parliament in a parliamentary course ; but it is otherwise where things are done exorbitantly , for those are not the acts of a court. . whether if one parliament-man alone shall resolve , or two or three shall covertly conspire to raise false slanders and rumours against the lords of the council and iudges , not with intent to question them in a legal course , or in a parliamentary way , but to blast them , and to bring them to hatred of the people , and the government in contempt , be punishable in the star-chamber after the parliament is ended ? sol. the judges resolve that the same was punishable out of parliament , as an offence exorbitant committed in parliament , beyond the office , and besides the duty of a parliament-man . there was another question put by mr. atturney , viz. whether if a man in parliament , by way of digression , and not upon any occasion arising concerning the same in parliament , shall say , the lords of the council and the judges had agreed to trample upon the liberty of the subject , and the priviledges of parliament , he were punishable or not ? the judges desired to be spared to make any answer thereunto , because it concerned themselves in particular . the next day mr. atturny put the judges another case . it is demanded of a parliament-man , being called ore tenus before the court of star-chamber , being charged that he did not submit himself to examination for such things as did concern the king and the government of the state , and were affirmed to be done by a third person , and not by himself , if he confess his hand to that refusal , and make his excuse , and plead because he had priviledg of parliament ; whether the court will not over-rule this plea as erronious , and that he ought to make a further answer . it is the justest way for the king and the party not to proceed ore tenus , because it being a point in law , it is fit to hear counsel before it be over-ruled ; and upon an ore tenus by the rules of star-chamber , counsel ought not to be admitted ; and that it would not be for the honor of the king , nor the safety of the subject to proceed in that manner . pasca car. upon a habeas corpus of this court to bring the body of william stroud esq with the cause of his imprisonment to the marshal of the kings bench ; it was returned in this manner , that mr. william stroud was committed under my custody by vertue of a certain warrant , under the hands of twelve of the lords of the privy-council of the king : the tenor of which warrant followeth in these words . you are to take knowledge , that it is his majesties pleasure and commandment , that you take into your custody the body of william stroud esq and keep him close prisoner till you shall receive other order , either from his majesty or this board ; for so doing , this shall be your warrant . dated this of april . and the direction of the warrant was , to the marshal of the kings bench , or his deputy . he is also detained in prison by vertue of a warrant under his majesties hand ; the tenor of which warrant followeth in these words . c.r. whereas you have in your custody the body of william stroud esq by warrant of our lords of our privy-council , by our special command , you are to take notice , that this commitment was for notable contempts by him committed against our self and our government , and for stirring up sedition against us , for which you are to detain him in your custody , and to keep him close prisoner until our pleasure be further known concerning his deliverance . given at greenwich , the of may . in the yeer of our reign . the direction being , to the marshal of our bench for the time being , & hae sunt causae captionis & detentionis praedicti gulielmi stroud . and upon another habeas corpus to the marshal of the houshold to have the body of walter long esq in court , it was returned according as the return of mr. stroud was . mr. ask of the inner-temple of counsel for mr. stroud , and mr. mason of lincolns-inn of counsel for mr. long , argued against the insufficiency of the return ; which with the arguments of the kings counsel we here forbear to mention , lest it be too great a diversion to the reader from the historical part ; yet those and other arguments we have nevertheless postponed at the end of this first volume , for the benefit of the students of the law : which course as to arguments in law , wherein the prerogative of the one hand , and liberty and propertie of the other hand are concerned , we purpose to observe in our next and other volumes , as matter of that nature falls out in series of time. the seventh of may , an information was ex●ibited in the star-chamber ; which because it is a remarkable proceeding , we give you here at large . iovis septimo die maii , anno quinto ca. r. to the kings most excellent majesty , humbly sheweth and informeth unto your most excellent majesty , sir robert heath knight , your majesties attorney general , for and on your majesties behalf , that whereas by the ancient and fundamental laws of this kingdom , the high court of parliament consisteth of the lords spiritual and temporal in the lords house , and of the knights , citizens and burgesses in the commons house of parliament , and those two houses thus composed , do together make up that great and honourable body whereof your most excellent majesty , as the supreme soveraign , is the head : and whereas the power of summoning and assembling of parliaments , and of continuing , proroguing , adjourning and dissolving thereof within this realm at your good pleasure , is the undoubted right of your majesty ; and the liberty and freedom of speech , which the members of the said houses of parliament have according to the priviledges of those several houses , to debate , consult and determine of those things which are propounded amongst them , is , and ever hath been , and ought to be , limited and regulated within the bounds of moderation and modesty , and of that duty which subjects owe to their soveraign : and whereas your majesty for many weighty causes , and for the general good and defence of the church and state of this your kingdom , lately summoned a parliament to be holden at your city of westminster , the seventeenth day of march , in the third year of your majesties reign , which continued from thence by prorogation until the twentieth day of ianuary last ; from which day , until the twenty fifth day of february following , the said houses continued sitting . and although the great part of the house of commons , being zealous of the common good , did endeavour to have effected those good things for which they were called thither ; yet between the said twentieth day of ianuary , and the said twenty fifth day of february , by the malevolent disposition of some ill-affected members of the said house , sundry diversions and interruptions were there made , and many jealousies there unjustly raised and nourished , to the disturbance of those orderly and parliament proceedings which ought to have been in so grave a council . during which time of the said last meeting in parliament , as aforesaid , so it is , may it please your most excellent majesty , that sir iohn elliot knight , then , and all the time of the said parliament , being one of the members of the said commons house , wickedly and malitiously intending , under a feigned colour and pretence of debating the necessary affairs of the present estate , to lay a scandal and unjust aspersion upon the right honorable the lords , and others of your majesties most honourable privy-council , and upon the reverend judges , and your counsel learned , and as much as in him lay to bring them into the hatred and ill opinion of the people ; after the said twentieth day of ianuary , and before the said twenty fifth day of february last , did openly and publickly in the said house of commons , falsly and malitiously affirm , that your majesties privy-council , all your judges , and your counsel learned , had conspired together to trample under their feet the liberties of the said subjects of this realm , and the priviledges of that house . and further : so it is , may it please your most excellent majesty , that when your majesty , upon the twenty fifth day of february , had by sir iohn finch , knight , then speaker of the said house of commons , signified your royal pleasure to the said house , that the said house of commons should be instantly adjourned until the second day of march then following , he the said sir iohn elliot , and denzil holles esquire , benjamin valantine gent. walter longe esquire , william corriton esquire , william strode esquire , iohn selden esquire , sir miles hobert , and sir peter hayman , knights , all members at that time of the said commons house , conceiving with themselves that your majesty , being justly provoked thereto , would speedily dissolve that parliament ; they the said sir iohn elliot , denzil holles , benjamin valentine , walter longe , william corriton , william strode , iohn selden , sir miles hobert , and sir peter hayman , and every of them , by unlawful confederacie and combination between them in that behalf before had , did malitiously resolve , agree and conspire how and by what means before that parliament should be dissolved , they might raise such false and scandalous rumours against your majesties government , and your counsellours of estate attending your person , that thereby as much as in them lyeth , they might disturb the happy government of this kingdom by and under your majesty , interrupt the course of traffique and trade , discourage your merchants , and raise jealousies and suspitions in the hearts of your people , that the sincerity of the true religion professed and established in this kingdom was neglected : and in pursuance of this their resolution and confidence aforesaid , the said sir iohn elliot , with the privitie and consent of the said denzil holles , and all other the said confederates , did prepare a paper or writing , wherein he had written , or caused to be written , divers false and scandalous assertions touching your majesties government , and touching the persons of divers of your privy-council , which he and they resolved , and conspired , and agreed , should be delivered into the said house of commons , and there publickly read , to the wicked and seditious intents and purposes aforesaid , and not with any purpose or opinion that those things that were therein contained , if they , or any of them had been true , as indeed they were not , should or could be at that time entertained , or pursued in any legal or parliamentary way , but meerly and onely to express and vent his and their own malice and dis-affection of your majesty and your happy government . and your majesty upon the said second day of march now last past , having signified your royal pleasure unto the said sir iohn finch , then the speaker of that house , that the said house should then be presently adjourned until the tenth day of the said moneth of march , without any further speech or proceedings at that time ; and the said speaker then delivered your majesties pleasure and commandment to the said house accordingly , and declared unto them your majesties express charge and command unto him , that if any should notwithstanding disobey your majesties command , that he must forthwith leave the charge , and wait upon your majesty : unto which commandment of your majesty , and signification of your royal pleasure in that behalf , for a present adjournment of the house , the greatest number of the members of that house , in their duty and allegeance unto your majesty , were willing to have given a ready obedience , as the lords spiritual and temporal of the lords house , upon the very same day , upon the like signification made unto them of your majesties pleasure , by your lord keeper of your great seal of england , the speaker of that house , had done : yet so it is , may it please your most excellent majesty , that the said sir iohn ellyot , for the satisfying of his own malice , and disloyal affections to your majesty , and by the confederacy and agreement aforesaid , and in a high contempt and disobedience unto your majesties command aforesaid , and with set purpose to oppose your majesties said command , did stand up , and several times offered to speak . whereupon the said speaker , in obedience to your majesties said command , endeavoring to have gone out of the chair , the said denzil holles , and benjamin valentine being then next the speakers chair , and the one of them on the one hand , and the other of them on the other hand of the speaker ( where they so placed themselves of purpose on that day ) out of their disobedience to your majestie , and by the confederacy and agreement aforesaid , violently , forcibly , and unlawfully , and with purpose to raise a tumult in the said house , kept and held the said speaker in the said chair , against his will ; and the said speaker again endeavoring to leave the chair , and having then gotten out of the chair , they , the said denzil holles and benjamin valentine laid violent hands upon the said speaker , forcibly , and unlawfully , and by strong hand thrust him into his chair again ; and then the said sir iohn ellyot again stood up , and used these speeches : ( viz. ) we have prepared a short declaration of our intentions , which i hope shall agree with the honour of the house , and the justice of the king : and with that he threw down a paper into the floor of the said house , desiring it might be read : and the said denzil holles , benj. valentine , and all other the confederates aforesaid , in disobedience and high contempt of your majesties said command , called and cryed out to have the same paper read . but some others of the house spake to the contrary , that it might not be read ; and the house thereupon , by reason of the disorderly behaviour of the said confederates , was much troubled , many pressing violently and tumultuously to have the said paper read , and others dutifully and obediently urging the contrary , to the great disquiet and discomfort of many well-affected members of that house . and the said william corriton in this distemper demeaned himself so passionately and violently , that he then and there violently , forcibly , and unlawfully , assaulted and stroke winterton , gent. then being a member of the said house : and divers of the members of the said house being then desirous , and endeavoring to have gone out of the said house , the said sir miles hobert did of his own head , lock the door of the said house , and kept the key thereof , and imprisoned the members of the said house , being then in the said house against their wills , so that none of them could go out . and the said william strode , for the further expressing of his malignity and undutifulness towards your majesty , and in pursuance of the agreement and confederacy aforesaid , openly moved , and with much earnestness urged , that the said paper or declaration might be first read , to the end ( as he then in great contempt of your royal majestie said ) that we , meaning the members of the house , may not be turned off like scattered sheep , and sent home as we were last sessions , with a scorn put upon us in print ; meaning thereby the words which your majesty in your own person spake at the ending of the last session , and caused the same to be printed : and the said stroud in a very disorderly manner further moved , that all those who would have the said paper read , should stand up ; which divers of them thereupon did do accordingly , and he the said stroud amongst others did stand up ; and in this heat of contention and height of disobedience , by the confederacy aforesaid to have the said paper read , the said sir peter hayman with rough and reproachful words , reproved the said speaker for being constant and resolute in his obedience to your majesty , in not putting the reading of the said paper to the question , as by all the said confederates , with many reasons and arguments he was urged to do : and the said sir peter hayman then further said , that the said speaker was made an instrument to cut up the liberty of the subjects by the roots . but when by no means the said speaker would be drawn to transgress your majesties royal command aforesaid , and lest the said paper should not be read , the said iohn selden moved , that the clerk of the said house might read the same : and when the said sir john ellyot found that he and his confederates aforesaid , could not procure the said paper to be read ; he , the said sir iohn ellyot , to the end he might not lose that opportunity to vent and publish those malitious and seditious resolutions which he and his confederates had collected , and prepared as aforesaid , took back the said paper again , and then immediately in the said house , said , i shall non express that by tongue , which this paper should have done ; and then spake these words . the miserable condition we are in , both in matters of religion and policy , makes me look with a tender eye both to the person of the king , and to the subjects : and then speaking of them whom he intended to be ill instruments in this state , at whom he principally aimed , he said , there are amongst them some prelates of the church , the great bishop of winchester and his fellows ; it is apparent what they have done to cast an aspersion upon the honor , and piety , and goodness of the king. these are not all , but it is extended to some others , who i fear in guilt of conscience of their own desert , do joyn their power with that bishop and the rest , to draw his majesty into a jealousie of the parliament ; amongst them i shall not fear to name the great lord treasurer , in whose person i fear is contracted all that which we suffer . if we look into religion or policy , i find him building upon the ground laid by the duke of buckingham his great master ; from him i fear , came those ill counsels which contracted that unhappy conclusion of the last session of parliament ; i find that not only in the affections of his heart , but also in relation to him ; and i doubt not to fix it indubitably upon him : and so from the power and greatness of him , comes the danger of our religion . for policy , in that great question of tunnage and poundage , the interest which is pretended to be the kings , is but the interest of that person , to undermine the policy of this government , and thereby to weaken the kingdom , while he invites strangers to come in to drive out trade , or at least our merchants to trade in strangers bottoms , which is as dangerous . therefore it is fit to be declared by us , that all that we suffer , is the effect of new counsels , to the ruine of the government of the state ; and to make a protestation against all those men , whether greater or subordinate , that they shall all be declared as capital enemies to the king and kingdom , that will perswade the king to take tunnage and poundage without grant of parliament ; and that if any merchants shall willingly pay those duties without consent of parliament , they shall be declared as accessaries to the rest . which words of the said sir iohn elliot , were by him uttered as aforesaid , falsly , and malitiously , and seditiously , out of the wickedness of his own affections towards your majesty , and your gratious and religious government , and by the confederacie , agreement , and privity of the ●aid other confederates , and to lay a slander and scandal thereupon ; and not with a purpose , or in way to rectifie any thing which he concei●ed to be amiss , but to traduce and blast those persons against whom he ●ad conceived malice ; for so himself the same day in that house said , and laid down as a ground for that he intended to say , that no man was ever blasted in that house , but a curse fell upon him . and further : so it is , may it please your most excellent majesty , that when the said sir iohn elliot had thus vented that malice and wickedness which lay in his heart , and , as appeareth by his own words , were expressed in the said paper which was prepared as aforesaid , the said walter longe , out of his inveterate malice to your majesty and to your affairs , and by the confederacy aforesaid , then and there said , that man who shall give away my liberty and inheritance ( i speak of the merchants ) i note them for capital enemies to the kingdome . and lest the hearers should forget these wicked desperate positions laid down as aforesaid , and to the end the same might have the deeper impression , and be the more divulged abroad to the prejudice of your majesty , and of your great affairs , and to the scandal of your government , the said denzil holles collected into several heads what the said sir iohn elliot had before delivered out of that paper , and then said , whosoever shall counsel the taking up of tunnage and poundage without an act of parliament , let him be accompted a capital enemy to the king and kingdom : and further : what merchant soever shall pay tunnage and poundage without an act of parliament , let him be counted a betrayer of the liberty of the subjects , and a capital enemy of the king and kingdom . which positions thus laid , the said denzil holles neither being speaker , nor sitting in the chair as in a committee by direction of the house , but in an irregular way , and contrary to all course of orderly proceedings in parliament , offered to put these things so delivered by him as aforesaid , to the question , and drew from his confederates aforesaid , an applause and assent , as if these things had been voted by the house . and further : so it is , may it please your most excellent majesty , that the disobedience of the said confederates was then grown to that height , that when edward grimston , the serjeant at arms then attending the speaker of that house , was sent for by your majestie , personally to attend your highness , and the same was made known in the said house , the said confederates notwithstanding at that time forcibly and unlawfully kept the said edward grimston locked up in the said house , and would not suffer him to go out of the house to attend your majesty : and when also on the same day iames maxwel esquire , the gentleman-usher of the black rod , was sent from your majesty to the said commons house with a message immediately from your majesties own person , they the said confederates utterly refused to open the door of the house , and to admit the said iames maxwel to go to deliver his message . after all which , the said house was then adjourned until the said tenth day of march then following , and on the said tenth day of march the said parliament was dissolved and ended . in consideration of all which premises , and for as much as the contempt and disobedience of the said sir john ellyot and other the confederates aforesaid , were so great , and so many and unwarranted by the priviledge and due proceeding of parliament , and were committed with so high a hand , and are of so ill example , and so dangerous consequence , and remain all unpardoned ; therefore they pray'd a process against them , to answer their contempts in the high court of star-chamber . memorandum , that the . of may , anno quinto car. reg. these words , viz. after all which the said house was then adjourned until the said tenth day of march ; and on the said tenth day of march the said parliament was dissolved and ended ; were added and inserted by order of the court , immediately before in tender consideration , &c. at the same time sir robert heath the kings atturny general preferr'd an information in the star-chamber against richard chambers of the city of london merchant ; wherein , first , he did set forth the gracious government of the king , and the great priviledges which the merchants have in their trading , by paying moderate duties for the goods and merchandises exported and imported ; and setting forth , that the raising and publishing of undutiful and false speeches , which may tend to the dishonour of the king or the state , or to the discouragement or discontentment of the subject , or to set discord or variance between his majesty and his good people , are offences of dangerous consequence , and by the law prohibited , and condemned under several penalties and punishments . that nevertheless the said richard chambers , the . day of september last , being amongst some other merchants called to the councel-board at hampton court , about some things which were complained of in reference to the customs , did then and there , in an insolent manner , in the presence or hearing of the lords and others of his majesties privy council then sitting in counsel , utter these undutiful , seditious , and false words , that the merchants are in no part of the world so skrewed and wrung as in england ; that in turky they have more incouragement . by which words , he the said richard chambers , as the information setteth forth , did endeavor to alienate the good affection of his majesties subjects from his majesty , and to bring a slander upon his just government ; and therefore the kings attorney prayed process against him . to this mr. chambers made answer , that having a case of silk grogerams brought from bristol by a carrier to london , of the value of . l. the same were by some inferior officers attending on the custome-house , seized without this defendants consent ; notwithstanding he offered to give security to pay such customs as should be due by law , and that he hath been otherwise grieved and damnified , by the injurious dealing of the under-officers of the custome-house ; and mentioned the particulars wherein : and that being called before the lords of the council , he confesseth , that out of the great sence which he had of the injuries done him by the said inferior officers , he did utter these words , that the merchants in england were more wrung and screwed then in forreign parts : which words were onely spoken in the presence of the privy-council , and not spoken abroad , to stir up any discord among the people ; and not spoken with any disloyal thought at that time of his majesties government , but onely intending by these words to introduce his just complaint against the wrongs and injuries he had sustained by the inferiour officers ; and that as soon as he heard a hard construction was given of his words , he endeavoured by petition to the lords of the council , humbly to explain his meaning , that he had not the least evil thought as to his majesties government ; yet was not permitted to be heard , but presently sent away prisoner to the marshalsea : and when he was there a prisoner , he did again endeavour by petition to give satisfaction to the lords of the council ; but they would not be pleased to accept of his faithful explanation which he now makes unto this honourable court upon his oath ; and doth profess , from the bottom of his heart , that his speeches onely aimed at the abuses of the inferiour officers , who in many things dealt most cruelly with him and other merchants . there were two of the clerks of the privy-council examined as witnesses to prove the words , notwithstanding the defendant confessed the words in his answer as aforesaid , who proved the words as laid in the information . and on the sixth of may , . the cause came to be heard in the star-chamber , and the court were of opinion that the words spoken were a comparing of his majesties government with the government of the turks ; intending thereby to make the people believe that his majesties happy government may be tearmed turkish tyranny ; and therefore the court fined the said mr. chambers in the sum of l. to his majesties use , and to stand committed to the prison of the fleet , and to make submission for his great offence both at the council-board , in court of star-chamber , and at the royal exchange . there was a great difference of opinion in the court about the fine : and because it is a remarkable case , here followeth the names of each several person who gave sentence , and the fine they concluded upon , viz. sir francis cottington , chancellour of the exchequer , his opinion was for l. fine to the king , and to acknowledge his offence at the council-board , the star-chamber-bar , and exchange . sir tho. richardson , lord chief justice of the common pleas , l. fine to the king , and to desire the kings favour . sir nicholas hide , lord chief justice of the kings bench , l. and to desire the kings favour . sir iohn cook , secretary of state l. sir humphry may , chancellour l. sir thomas edmons l. sir edward barret l. doctor neal , bishop of winchester l. doctor laud , bishop of london l. lord carlton , principal secretary of state l. lord , chancellour of scotland l. earl of holland l. earl of doncaster l. earl of salisbury l. earl of dorset l. earl of suffolk l. earl of mountgomery , lord chamberlain l. earl of arundel , lord high marshal l. lord montague lord privy seal l. lord connoway , l. lord weston lord treasurer l. lord coventry , lord keeper of the great seal l. so the fine was setled to l. and all ( except the two chief justices ) concurred for a submission also to be made . and accordingly the copy of the submission was sent to the warden of the fleet , from mr. atturny general , to shew the said richard chambers , to perform and acknowledg it ; and was as followeth : i richard chambers of london merchant , do humby acknowledge , that whereas upon an information exhibited against me by the kings atturney general , i was in easter term last , sentenced by the honourable court of star-chamber , for that in september last . being convented before the lords and others of his majesties most honourable privy-council board , upon some speeches then used concerning the merchants of this kingdom , and his majesties well and gracious usage of them ; did then and there , in insolent , contemptuous and seditious manner , falsly and maliciously say and affirm , that they , meaning the merchants , are in no parts of the world so skrewed and wrung as in england ; and that in turky they have more incouragement . and whereas by the sentence of that honorable court , i was adjudged among other punishments justly imposed upon me , to make my humble acknowledgment and submission of this great offence at this honorable board , before i should be delivered out of the prison of the fleet , whereto i was then committed , as by the said decree and sentence of that court , among other things it doth and may appear : now i the said richard chambers , in obedience to the sentence of the said honorable court , do humbly confess and acknowledg the speaking of these words aforesaid for the which i was so charged , and am heartily sorry for the same ; and do humbly beseech your lordships all to be honorable intercessors for me to his majesty , that he would be graciously pleased to pardon that graet error and fault so committed by me . when mr. chambers read this draught of submission , he thus subscribed the same : all the abovesaid contents and submission , i richard chambers do utterly abhor and detest , as most unjust and false ; and never to death will acknowledge any part thereof . rich. chambers . also he under-writ these texts of scripture to the said submission , before he returned it . that make a man an offender for a word , and lay a snare for him that reproveth in the gate , and turn aside the just for a thing of nought . blame not before thou have examined the truth ; understand first , and then rebuke ; answer not before thou hast heard the cause , neither interrupt men in the midst of their talk . doth our law judge any man before it hear him , and know what he doth ? king agrippa said unto paul , thou art permitted to speak for thy self . thou shalt not wrest the judgment of the poor in his cause , thou shalt not respect persons , neither take a gift : for a gift doth blind the eyes of the wise , and pervert the eyes of the righteous . woe to them that devise iniquity , because it is in the power of their hand , and they covet fields and take them by violence , and houses and take them away : so they oppress a man and his house , even a man and his heritage . thus saith the lord god , let it suffice you , o princes of israel : remove violence and spoyl , and execute judgment and justice , take away your exactions from my people , saith the lord god. if thou seest the oppression of the poor , and violent perverting of judgment and justice in a province , marvel not at the matter : for he that is higher then the highest regardeth , and there be higher then they . per me , richard chambers . afterwards in the term of trinity , the yeer of king charls , it is found in the great roll of this year , that there is demanded there , of richard chambers of london merchant , l. for a certain fine imposed on him , hither sent by vertue of a writ of our said lord the king , under the foot of the great seal of england , directed to the treasurer and barons of this exchequer , for making execution thereof to the use of the said lord the king , as is there contained ; and now , that is to say , in the utas of the blessed trinity , this term , comes the said richard chambers in his own proper person , and demands oyer of the demand aforesaid , and it is read unto him ; and he demands oyer also of the writ aforesaid , under the foot of the great seal of england hither sent , and it is read unto him in these words : charls by the grace of god , of england , scotland , france , and ireland , defender of the faith , &c. to his treasurer and barons of his exchequer , health : the extret of certain fines taxed and adjudged by us and our said council , in our said council , in our court of star-chamber in the term of st michael , the term of st. hillary , and the term of easter last past , upon thomas barns of the parish of st. clements danes in the county of middlesex carpenter , and others severally and dividedly , as they be there severally assessed , we send unto you included in these presents , commanding that looking into them , you do that which by law you ought to do against them , for the levying of those fines . witness our self at westminster the of may , in the yeer of our reign the mutas . and the tenor of the schedule to the said writ annexed , as to the said richard chambers , followeth , in these words : in the term of easter , the fifth year of king charles , of richard chambers of london merchant l. which being read , heard , and by him understood , he complains that he is grievously vexed and inquieted by colour of the premises ; and that not justly , for that protesting that the said great roll , and the matter therein contained , is not in law sufficient , to which he hath no need , nor is bound by law to answer ; yet for plea the said richard chambers saith , that he , of the demand aforesaid , in the great roll aforesaid mentioned , and every parcel thereof , ought to be discharged against the said lord the king , for that he said , that he , from the time of the taxation o● the aforesaid fine , and long before , was a freeman and a merchant of this kingdom , that is to say , in the parish of the blessed mary of the arches in the ward of cheap , london . and that by a certain act in the parliament of the lord henry late king of england the third , held in the ninth year of his reign , it was provided by authority of the said parliament , that a freeman shall not be amerced for a little offence , but according to the manner of the said offence ; and for a great offence , according to the greatness of the offence , saving to him his contenement or freehold , and a merchant in the same manner , saving unto him his merchandize , and a villain of any other then the king after the same manner to be amerced , saving his wainage ; and none of the said amercements to be imposed but by the oaths of good and lawful men of the neighbourhood : and by a certain other act in the parliament of the lord edward late king of england the first , held in the third year of his reign , it was and is provided , that no city , burrough , or town , nor any man should be amerced without reasonable cause , and according to his trespass ; that is to say , a freeman , saving to him his contenement ; a merchant , saving to him his merchandize ; and a villan , saving to him his wainage : and this by their peers . and by the same act in the parliament of the said lord henry late king of england the third , held in the ninth year of his reign aforesaid , it was and is provided by authority of the said parliament , that no freemen should be taken or imprisoned , or disseized of his freehold or liberties , or free customs , or outlaw'd or banish'd , or any way destroyed . and that the lord the king should not go upon him , nor deal with him , but by a lawful judgement of his peers , or by the law of the land. and by a certain act in the parliament of the lord edward late king of england the third , held in the fifth year of his reign , it was and is provided by the authority of the said parliament , that no man henceforward should be attached by reason of any accusation , nor pre-judged of life or member , nor that his lands , tenements , goods or chattels should be seized into the hands of the lord the king against the form of the great charter , and the law of the land. and by a certain act in the parliament of the lord henry late king of england the seventh , held in the third year of his reign , reciting that by unlawful maintenances given of liveries , signes and tokens , and retainders by indentures , promises , oaths , writings , and other imbraceries of the subjects of the said lord the king , false demeanors of sheriffs , in making of pannels , and other false returns , by taking of money by jurors , by great ryots and unlawful assemblies the policie and good government of this kingdom was almost subdued : and by not punishing of the said inconveniences , and by occasion of the premises , little or nothing was found by inquisition ; by reason thereof , the laws of the land had little effect in their execution , to the increase of murders , robberies , perjuries and insecurities of all men living , to the loss of their lands and goods , to the great displeasure of almighty god ; it was ordained for reformation of the premises by authority of the said parliament , that the chancellour and treasurer of england for the time being , and the keeper of the privy-seal of the lord the king , or two of them , calling to them one bishop , one lord temporal of the most honourable council of the lord the king , and two chief justices of the kings bench and common pleas for the time being , or two other justices in their absence , by bill or information exhibited to the chancellour for the king or any other , against any person for any other ill behaviours aforesaid , have authority of calling before them by writ or privie-seal such malefactors , and of examining them and others by their discretion , and of punishing such as they finde defective therein according to their demerits , according to the form and effect of the statutes thereof made , in the same manner and form as they might and ought to be punished if they were thereof convinced according to the due course of law. and by a certain other act in the parliament of the lord henry late king of england the eighth , held in the one and twentieth year of his reign , reciting the offences in the aforesaid statute of the said late king henry the seventh beforementioned , by authority of the said parliament , it was and is ordained and enacted , that henceforward the chancellour , treasurer of england , and the president of the most honourable privy-council of the king attending his most honourable person for the time being , and the lord keeper of the privy-seal of the lord the king , or two of them , calling to them one bishop and one temporal lord of the most honourable council of the lord the king , and two chief justices of the kings bench and common pleas for the time being , or two justices in their absence , by any bill or information then after to be exhibited to the chancellour of england , the treasurer , the president of the said most honourable council of the lord the king , or the keeper of the privy-seal of the lord the king for the time being , for any misdemeanour in the aforesaid statute of king henry the seventh aforesaid before recited , from henceforth have full power and authority of calling before them , by writ or by privy-seal , such malefactors , & of examining of them and others by their discretion , and of punishing those that are found defective according to their demerits , according to the form and effect of the said statute of the aforesaid lord king henry the seventh , and of all other statutes thereupon made not revoked and expired , in the same manner and form as they might and ought be punished if they were convicted according to the due order of the laws of the said lord the king . and by the aforesaid writ under the foot of the great seal , it manifesty appears that the said fine was imposed by the lord the king and his council , and not by the legal peers of the said richard chambers , nor by the law of the land , nor according to the manner of the pretended offence of the said richard chambers , nor saving unto him his merchandize , nor for any offence mentioned in the said statutes : all and singular the which , the said richard chambers is ready to verifie to the court , &c. and demands judgment ; and that he be discharge of the said l. against the said lord the now king ; and that as to the premises he may be dismissed from this court. waterhouse . with this plea , he annexed a petition to the lord chief baron , and also to every one of the barons , humbly desiting the filing of the plea , with other reasons in the manner of a motion at the bar , because he said counsel would not move , plead , nor set hand to it , as further appeareth . the copy of the order upon mr. atturneys motion in the exchequer , the iuly . after the plea put in , and order to file it , per the lord chief baron . touching the plea put into this court by richard chambers , to discharge himself of a ●ine of l. set on him in the star-chamber , forasmuch as sir robert heath kni●●● , his majesties atturney general , informed this court , that the said chambers in his said plea recites divers statutes and magna charta , and what offences are punishable in the star-chamber , and how the proceedings ought to be ; and upon the whole matter concludes , that the said fine was imposed by the king and his council , and not by a legal judgment of his peers , nor by the laws of the land , nor according to the manner of his offence , nor saving his merchandize , nor for any offence mentioned in the said statutes ; which plea mr. atturny conceiving to be very frivolous and insufficient , and derogatory to the honour and jurisdiction of the court of star-chamber , humbly prayeth , might not be allowed of , nor filed : it is therefore this day ordered , that the said plea shall be read on saturday next , and then upon hearing the kings counsel , and the counsel of the said richard chambers , this court will-declare their further order therein ; and in the mean time the said plea is not to be filed nor delivered out . in michaelmas term following , mr. chambers was brought by a habeas corpus out of the fleet : and the warden did return , that he was committed to the fleet by vertue of a decree in the star-chamber , by reason of certain words he used at the council table , ( viz. ) that the merchants of england were skrewed up here in england , more then in turky . and for these and other words of defamation of the government , he was censured to be committed to the fleet , and to be there imprisoned until he made his submission at the council table , and to pay a fine of . l. and now at the bar he prayed to be delivered , because this sentence is not warranted by any law or statute : for the statute of henrici . which is the foundation of the court of star-chamber , doth not give them any authority to punish for words only . but all the court informed him , that the court of star-chamber was not erected by the statute of h. . but was a court many years before , and one of the most high and honourable courts of justice : and to deliver one who was committed by the decree of one of the courts of justice , was not the usage of this court ; and therefore he was remanded . as a concurrant proof of these proceedings concerning mr. chambers , we shall insert here a petition of his ( though out of time ) to the long parliament , and afterwards renewed to the succeeding parliament : viz. to the parliament of the commonwealth of england , scotland and ireland . the brief remonstrance and humble petition of richard chambers merchant , late alderman and sheriff of the city of london : shewing , that in the parliament held in the years and , it was voted and declared by the honourable house of commons , that whosoever shall counsel or advise the taking or levying of the subsidie of tonnage and poundage , not granted by parliament , or shall be any actor or instrument therein , shall be reputed an innovator in the government , and a capital enemy to the kingdom and commonwealth ; and if any merchant or person whatsoever shall voluntarily yeild or pay the said subsidie of tonnage and poundage , not being granted by parliament , they shall likewise be reputed betrayers of the liberties of england , and enemies to the same , as may appear by the said order upon record . in submission and obedience whereunto , the petitioner first opposed and withstood the payment of tonnage and poundage ( until they were setled by parliament ) and all other illegal taxes ; for which submission and obedience , in the years , and , the petitioner had pounds of his goods wrongfully taken and detained from him by the late kings officers and farmers of the custome-house of london for pretended duties , and a heavy sentence and fine in the star-chamber , which was imposed upon him in the year . besides which losses , the petitioner further suffered in his person by six whole years imprisonment in the fleet , for not submitting to that sentence and fine : and in the year , nine moneths imprisonment in newgate for withstanding ship-money : by which losses and imprisonments , the petitioner was put by the exercise of his calling , and was wounded in his credit and reputation . which sufferings the honourable house of commons ( upon the petioners complaint in the year ) taking into their grave considerations , were pleased to refer the examination thereof to a committee of members , wherein were included the committee for the navy and customs ; who being well satisfied of the truth thereof , by oath , and other good sufficient proofs upon record , drew up their report , that the petitioner ought then to have pounds in part of reparation , leaving the rest of those reparations to the further judgement of the honourable house , as by the annexed copy of that report may further appear . in pursuit of which report , the parliament then levied and received from the old farmers and officers of the customs thousand pounds for wrongs and abuses done to the petitioner ( chiefly ) and other merchants , intending first to give to the petitioner satisfaction out of the same , because he was the first man that opposed the pretended duties , and the greatest sufferer . whereupon , in the year . the petitioner was chosen alderman , and in the year . sheriff of the city of london : which places the petitioner earnestly endeavoured to shun ; but such were the earnest importunities , and perswasive encouragements of divers members of the honourable house , ( who then desired to have the petitioner in place of trust , for his former service to the commonwealth ) that the petitioner was constrained to accept not onely of the place of alderman , but further underwent the office and charge of sheriff of london , which stood the petitioner in pounds that year . but notwithstanding the aforesaid promises and intents of the parliament to give the petitioner satisfaction , such were the great compulsive exigents , and urgent necessities of those times , caused by the publick distractions , that the said monies were converted to the publick use ; therefore the parliament desired the petitioner to have a little patience , promising him speedy satisfaction as well for the forbearance as for the principal debt : but the distractions continuing , and the petitioner had neither interest nor any part of his principal , the parliament in the year in part of satisfaction , setled the petitioner in the office of surveyor and check in the custom-house of london , then worth at least pounds per annum ; but the petitioner having enjoyed that place onely eight months , was causlesly outed by sinister information of intruders , who have enjoyed that office , and divided the profit thereof between them ever since that intrusion . moreover , the late king by privy seal , owes to the petitioners wife ( who is the relict of mr. thomas ferrer ) for linen cloth pounds , and for money lent pounds , for which she was assigned satisfaction out of the customs of tobacco ; besides , she was further assigned out of sir thomas dawes office marks per annum : all which debts likewise lie wholly unsatisfied , to the petitioners great prejudice . besides the aforesaid losses , hinderances , expences , sufferings , and forbearances of the profit of the said office , the petitioner from time to time hath laid out himself for the common good , in acting , lending , spending , ( and serving ) when others refused ; exposed himself to that eminent danger at branford , by leading out a troop of horse for the priviledges , liberties and rights of the city of london and commonwealth , insomuch , that thereby , and for want of his satisfaction aforesaid , the petitioner having consumed his estate , hath been constrained to sell and morgage some part of his lands to pay creditors , and to maintain his family , having a wife and nine children ; and is likely to be undone for obeying the parliaments commands , unless by the justice and commiseration of this honourable assembly he be speedily relieved and righted , for that ever since the said reported sum , the petitioner from time to time hath made his humble addresses to the supreme powers for the time being , for satisfaction thereof ; and to be restored to the said office , but could not prevaile . the petitioner therefore humbly prays , that he may not perish for acting for the publick good according to the declaration of parliament , but that now after years suffering , whereof twelve years in fruitless and wearisome waitings , this honourable assembly would now be pleased to take the unparallel'd sufferings of the petitioner into their grave considerations , for some speedy course for the petitioners satisfaction , to pay his debts , and redeem his lands , by ordering him the one moyety of his debt in ready money out of the dayly customs of london , ( from whence his first losses and sufferings sprang ) and the other mo●ty to be discompted upon such goods as the petitioner shall make entries of by exportation or importation in the custome-house london , until his debt with the interest be fully satisfied and paid ; or any other speedy way , as in your grave wisdoms shall seem meet ; and in like manner for his wives debt , which is to pay debts and legacies : and that the petitioner may forthwith be restored to , and setled in the said office , and have reparations from the intruders . and the petitioner with his , shall as in all duty ever pray , &c. richard chambers . sept. . . the petitioner being wearied out with twelve yeers attendance upon one parliament , in hopes of reparation for his imprisonment , troubles , and losses , during the eleven years former interval of parliament , in standing for the liberty of the subject , grew infirm ; and being not relieved , was reduced to a low estate and condition : he died in summer . being about the age of seventy years . trinity , . car. banco regis . the first day of this term upon a habeas corpus to sir allen apsley the lieutenant of the tower , to bring here the body of iohn selden esq with the cause of detencer : he returned the same cause as was in mr. stroods case . and mr. littleton of the inner-temple , of counsel with mr. selden , moved , that the return was insufficient in substance ; therefore pray'd , that he might be bayled : and said , that it was a matter of great consequence both to the crown of the king , and to the liberty of the subject . but as for the difficulty of law contained in it , he said ( under favour ) the case cannot be said grand . and so proceeded to his argument ( which for the reasons before mentioned , we have postponed ) and concluded , that the prisoner ought to be bailed . the same day sir miles hubbord , benjamin valentine , denzil holles , esq were at the bar upon the habeas corpus , directed to several prisons . and their counsel were ready at the bar to have argued the case for them also . but because the same return was made for them as for mr. selden , they all declared , they would rely on this argument made by mr. littleton . some few days after , sir robert heath the kings atturney general argued , that this return was good ; and that mr. selden and the rest of the parties ought not to be bailed ; and that within the return there appears good cause of their commitment , and of their detaining also . he said , the case is great in expectation & consequence , and concerns the liberty of the subject on one part , whereof the argument is plausible ; and on the other part it concerns the safety and soveraignty of the king , which ( he said ) is a thing of greater weight ; and that the consideration of both pertains to you the judges , without flighting the one , or too much elevating the other : and so proceeded to his argument ( of which more at large hereafter ) and concluded , that the prisoners ought to be remanded . when the court was ready to have delivered their opinions in this great business , the prisoners were not brought to the bar according to the rule of the court. therefore proclamation was made , for the keepers of the several prisons to bring in their prisoners ; but none of them appeared , but the marshal of the kings bench : who informed the court , that mr. strood who was in his custody , was removed yesterday , and put in the tower of london by the kings own warrant ; and so it was done with the other prisoners , for each of them was removed out of his prison in which he was before . but notwithstanding , it was pray'd by the counsel for the prisoners , that the court would deliver their opinion as to the matter in law : but the court refused to do that , because it was to no purpose ; for the prisoners being absent , they could not be bailed , delivered , or remanded . the evening before , there came a letter to the judges of this court from the king himself , informing the court with the reasons , wherefore the prisoners were not suffered to come at the day appointed for the resolution of the judges . these were the words of the letter . to our trusty and welbeloved , our chief justice , and the rest of our justices of our bench. c. r. trusty and welbeloved , we greet you well : whereas by our special commandment we have lately removed sir miles hubard , walter long , and william stroud from the several prisons where they were formerly committed , and have now sent them to our tower of london ; understanding there are various constructions made thereof , according to the several apprehensions of those who discourse of it , as if we had done it to decline the course of iustice : we have therefore thought fit to let you know the true reason and occasion thereof ; as also , why we commanded , those and the other prisoners should not come before you the last day : we ( having heard how most of them a while since did carry themselves insolently and unmannerly both towards us and your lordships ) were and are very sensible thereof ; and though we hear your selves gave them some admonition for that miscariage , yet we could not but resent our honour , and the honour of so great a court of iustice so far , as to let the world know how much we dislike the same : and having understood that your lordships and the rest of our iudges and barons of our court of common pleas and exchequer ( whose advices and judgments we have desired in this great business , so much concerning our government ) have not yet resolved the main question , we did not think the presence of those prisoners necessary ; and until we should find their temper and discretions to be such as may deserve it , we were not willing to afford them favour . nevertheless , the respect we bear to the proceedings of that court , hath caused us to give way , that selden and valentine should attend you tomorrow , they being sufficient to appear before you , since you cannot as yet give any resolute opinion in the main point in question . given under our signet at our mannor at greenwich , this iunii , in the yeer of our reign . within three hours after the receit of those letters , other letters were brought unto the said judges , as followeth . to our trusty and well-beloved , our chief justices , and the rest of our justices of our bench. c. r. trusty and well-beloved , we greet you well : whereas by our letters of this days date , we gave you to understand our pleasure , that of those prisoners which by our commandment are kept in our tower of london , selden and valentine should be brought tomorrow before you ; now upon more mature deliberation , we have resolved , that all of them shall receive the same treatment , and that none shall come before you , until we have cause given us to believe they will make a better demonstration of their modesty and civility both towards us and your lordships then at their last appearance they did . given under our signet at our mannor at greenwich , this day of iune , in the fifth year of our reign . so the court this term delivered no opinion , and the imprisoned gentlemen continued in restraint all the long vacation . note : that in this term a habeas corpus was prayed to the pursevant of arms for four constables of hertfordshire , to whose custody they were committed by the lords of the privy-council ; and the habeas corpus was granted on their behalf : but then they were committed to the custody of other pursevants ; and so upon every habeas corpus they were removed from pursevant to pursevant , and could have no fruit of their habeas corpus all this term. there wanted not some , who upon the kings dissolution of this parliament , and his ill success in two former parliaments , did advise that his majestie for the future , might be no more troubled with the impertinencies of parliaments ; holding out for example the like discontinuance of assembling the three estates in france , which was in time about four years before the blazing star , by lewis the eleventh king of france , who by reason the third estate representing the commons did incroach ( as he declared ) too much upon the clergie and nobility , the king dissolved that parliament of the three estates , and never had a free election of the third estate afterwards , but ordained another kind of meeting instead thereof , which is called l' assembli des notables , an assembly of certain eminent persons of his own nomination ; whereunto he added some counsellour out of every court of parliament : there being eight in all in france , and being few in number , and of his own nomination , would more readily comply with the kings proposals , and not dispute his will and pleasure , as the general assembly of three estates had wont to do when the king trenched upon the liberty and property of the subject : which alteration of the government , as to the third estate , hath ever since exposed the commons to much vassalage and misery , as at this day is apparent by the meanness of their livelyhood , and wearing of wooden shoes . that which gives us occasion to mention this last particular , is a little tract composed to the said end and purpose , and which did this trinity long vacation walk abroad , and went from hand to hand , sometime at court , sometime in the country , and sometime at the innes of court ; which we here set down verbatim in the appendix , that the humour of the author thereof may be the more clearly discerned : and when we come to its proper time and place , you shall see what success this pamphlet had , when it was questioned in the star-chamber . towards the latter end of his vacation , all the justices of the kings bench , being then in the country , received every one of them a letter to be at sergeants inne upon michaelmas day . these letters were from the council-table ; and the cause expressed in them , was , that his majesty had present and urgent occasion to use their service . the judges came up accordingly on tuesday being michaelmas day . the next morning about four a clock , letters were brought to the chief justice from mr. trumbal clerk of the council then attending , that he , and judge whitlock , one of the judges of that court , should attend the king that morning so soon as conveniently they could : which the chief justice and that judge did at hampton that morning ; where the king taking them apart from the council , fell upon the business of the gentlemen in the tower , and was contented they should be bayled notwithstanding their obstinacy in that they would not give the king a petition , expressing , that they were sorry he was offended with them : he shewed his purpose to proceed against them by the common law in the kings bench , and to leave his proceeding in the star-chamber . divers other matters he proposed to the said judges by way of advice , and seemed well contented with what they answered , though it was not to his minde ; which was , that the offences were not capital , and that by the law the prisoners ought to be bailed , giving security to the good behaviour : whereupon the king told them , that he would never be offended with his judges , so they dealt plainly with him , and did not answer him by oracles and riddles : both these judges did at that time what good office they could to bring the king on to heal this breach . the first day of michaelmas term it was moved by mr. mason to have the resolution of the judges ; and the court with one voice said , that they are now content that they shall be bayled , but that they ought to finde sureties also for the good behaviour ; and iones justice said , that so it was done in the case which had been often remembred to another purpose , two wit , russels case in e. . to which mr. selden answered , ( with whom all the other prisoners agreed in opinion ) that they have their sureties ready for the bayl , but not for the good behaviour ; and desire that the bayl might first be accepted , and that they be not urged to the other ; and that for these reasons : first , the case here had long depended in court ( and they have been imprisoned for these thirty weeks ) and it had been oftentimes argued on the one side and the other ; and those that argued for the king , alwaies demanded that we should be remanded ; and those which argued on our side , desired that we might be bayled or discharged : but it was never the desire of the one side or the other that we should be bound to the good behaviour . and in the last term four several days were appointed for the resolution of the court , and the sole point in question was , if baylable or not ; therefore he now desires that the matter of bayl and of good behaviour may be severed , and not con●ounded . secondly , because the finding of sureties of good behaviour is seldome urged upon returns of felonies or treasons . and it is but an implication upon the return , that we are culpable of those matters which are objected . . we demand to be bayled in point of right ; and if it be not grantable of right , we do not demand it : but the finding of sureties for the good behaviour is a point of discretion meerly ; and we cannot assent to it , without great offence to the parliament , where these matters which are surmised by the return were acted ; and by the statute of hen. . all punishments of such nature are made voyd and of none effect , therefore , &c. curia . the return doth not make mention of any thing done in parliament , and we cannot in a judicial way take notice that these things were done in parliament . and by whitlock , the surety of good behaviour , is as a preventing medicine of the damage that may fall out to the commonwealth ; and it is an act of government and jurisdiction , and not of law. and by crook , it is no inconvenience to the prisoners : for the same bayl sufficeth , and all shall be written upon one peece of parchment . and heath atturney general said , that by the command of the king he had an information ready in his hand to deliver in the court against them . hide chief justice : if now you refuse to find sureties for the good behaviour , and be for that cause remanded ; perhaps we afterwards will not grant habeas corpus for you , inasmuch as we are made acquainted with the cause of your imprisonment . ashly the kings sergeant offered his own bayl for mr. holles one of the prisoners ( who had married his daughter and heir . ) but the court refused it ; for it is contrary to the course of the court , unless the prisoner himself will become bound also . and mr. long that had found sureties in the chief justices chamber for the good behaviour , refused to continue his sureties any longer , inasmuch as they were bound in a great summe of l. and the good behaviour was a ticklish point . therefore he was committed to the custody of the marshal , and all the other prisoners were remanded to the tower , because they would not find sureties for the good behaviour . accordingly the same term an information was exhibited by the atturney general against sir iohn elliot , denzil holles , sir benjamin valentine , reciting , that a parliament was summoned to be held at westminster , martii tertio caroli regis , ibid. inchoat . and that sir iohn elliot was duly elected , and returned knight for the county of cornwal , and the other two burgesses of parliament for other places : and sir iohn finch chosen speaker . that sir john elliot machinans & intendens , omnibus viis & modis , seminare & excitare discord , evil will , murmurings and seditions , as well versus regem , magnates , praelatos , proceres & justiciarios suos , quam inter magnates , proceres , & justiciarios , & reliquos subditos regis , & totaliter deprivare & avertere regimen & gubernationem regni angliae , tam in domino rege , quam in conciliariis & ministris suis cujuscunque generis ; & introducere tumultum & confusionem , in all estates and parts , & ad intentionem , that all the kings subjects should withdraw their affections from the king. the of february ann. carol. in the parliament , and hearing of the commons , falso , malitiose & seditiose , used these words , the kings privy council , his judges , and his counsel learned , have conspired together , to trample under their feet the liberties of the subjects of this realm , and the liberties of this house . and afterwards upon the of march , ann. . aforesaid , the king appointed the parliament to be adjourned until the of march next following , and so signified his pleasure to the house of commons : and that the three defendants the said day of march car. malitiose , agreed , and amongst themselves conspired to disturb and distract the commons , that they should not adjourn themselves according to the kings pleasure before signified ; and that the said sir iohn elliot , according to the agreement and conspiracy aforesaid , had maliciously in propositum & intentionem praedict . in the house of commons aforesaid , spoken these false , malicious , pernitious , and seditious words precedent , &c. and that the said denzil holles , according to the agreement and conspiracy aforesaid , between him and the other defendants , then and there , falso , malitiose , & seditiose , uttered haec falsa , malitiosa , & scandalosa verba precedentia , &c. and that the said denzil holles & benjamin valentine , secundum agreamentum & conspirationem praedict . & ad intentionem & propositum praedict . uttered the said words upon the said of march , after the signifying the kings pleasure to adjourn : and the said sir john finch the speaker endeavoring to get out of the chair according to the kings command , they vi & armis , manu forti & illicito assaulted , evil entreated , and forcibly detayned him in the chair ; and afterwards , he being out of the chair , they assaulted him in the house , and evil entreated him , & violenter manu forti & illicito drew him to the chair , and thrust him into it : whereupon there was great tumult and commotion in the house , to the great terror of the commons there assembled , against their allegeance , in maximum contemptum , and to the disherison of the king his crown and dignity : for which , &c. to this information the defendants put in a plea to the jurisdiction of the court : forasmuch as these offences are supposed to have been done in parliament , they ought not to be punished in this court , or any other , except in parliament . and the atturney general moved the court to over-rule the plea as to the jurisdiction of the court ; and this he said , the court might do , although he did not demur upon the plea. but the court would not over-rule the plea ; but gave a day to joyn in demurr that term. and on the first day of the next term , the record to be read ; and within a day after , argued at the bar. in hilary term following , the case of walter longe esquire , one of the imprisoned gentlemen , came to hearing in the star-chamber , which was as followeth . an information was exhibited into the star-chamber , by sir robert heath knight , his majesties atturney general plaintiff , against the said walter longe defendant , for a great and presumptuous contempt against his majesty , for breach of duty and trust of his office , and for manifest and wilful breach of his oath taken as high sheriff of the county of wilts , and not residing and dwelling in his own person in the said county , according to the said oath ; but being chosen one of the citizens for the city of bath , in the county of somerset , to serve for the said city in the last parliament , by colour thereof he remained at london or westminster during the time of that parliament by the space of three months and above , in neglect of his duty , and in manifest contempt of the laws of this kingdom : which cause was now by his majesties said atturney general brought to hearing upon the defendents own confession . and upon opening the answer , and reading the examination of the said defendant , it appeared to this court , that the said defendant long was by his now majesty made high sheriff of the county of wilts in or about november , in the third year of his majesties reign , and received his patent of sheriffwick for the said county about ten days after ; and that he took an oath before one of the masters of the chancery , for the due execution of the said office of sheriff of the said county . in which oath , as appear'd by the same there read in court , he did swear that he would in his own person remain within his bayliffwick during all the time of his sheriffwick , unless he had the king license to the contrary ; and that at an election of citizens for the said city of bath , the said defendant longe was chosen one of the citizens to serve for the said city of bath in the parliament then summoned , to be holden and commence upon the seventeenth day of march in the said third year of his majesties reign ; and being so chosen and returned by the sheriff of the countie of somerset , notwithstanding his said oath taken to remain in his proper person , within his bayliffwick , unless he were licensed by his majestie , he the said defendant did make his personal appearance in the commons house of parliament , at the city of westminster in the county of middlesex , and did , during the most part of the said parliament , continue in and about the city of london and westminster , and did attend in the parliament as a citizen for the said city of bath : during all which time he likewise was and continued high sheriff for the said county of wilts , and had no particular license from his majesty to the contrary . upon consideration whereof , as also of the the particular causes and reasons of the defendants demurrer and plea formerly exhibited unto the said information , the benefit whereof was by order of the court reserved unto the defendant to be debated and considered of at the hearing of this cause , and of divers other matters now urged for the defendant , both to have justified his the said defendants attendance in parliament , and his not residence in person in the county whereof he was then sheriff ; and amongst other things , that it properly belonged to the house of parliament to judge of the justness or unjustness of the said election ; and upon grave and mature consideration thereof had and taken by the court , their lordships did not onely conceive the said demurrer and plea , and other the arguments and reasons used by the defendant and his council to be of no weight or strength , but also to be in opposition and derogation of the jurisdiction of the court ; the reasons moved and urged for the defendants excuse or justification being clearly answered , and the charges of the information made good by mr. atturney general , and others of his majesties counsel learned . and therefore the whole court were clear of opinion , and did so declare , that the said defendant , who at that time , as high sheriff , had the custody and charge of the county of wilts committed unto him by his majesty , and had taken his oath according to the law to abide in his proper person within his bayliffwick during all the time of his sheriffwick as aforesaid , and whose trust and imployment did require his personal attendance in the said countie , had not onely committed a great offence in violating the said oath so by him taken , but also a great misdemeanor in breach of the trust committed unto him by his majesty , and in contempt of his majesties pleasure signified unto him by and under his highness great seal , when he granted unto him the said office of sheriffwick aforesaid . for which said several great offences in breach of his said oath , neglect of the trust and duty of his office , and the great and high contempt of his majesty , their lordships did hold the said defendant worthy the sentence of the court ; the rather , to the end that by this example the sheriffs of all other counties may be deterred from committing the like offences hereafter , and may take notice that their personal residence and attendance is required within their bayliffwicks during the time of their sheriffwick . the court therefore thought fit , ordered , adjudged , and decreed , that the said defendant should stand and be committed to the prison of the tower , there to remain during his majesties pleasure , and also pay a fine of two thousand marks to his majesties use ; and further , make his humble submission and acknowledgement of his offence both in the court of star-chamber , and to his majesty , before his thence enlargment . the same term mr. mason argued in the kings bench for sir iohn elliot against the information preferred against him ( amongst others ) by sir robert heath the kings atturney general ; and the same day the atturney general argued in maintenance of the said information : the judges also the same day spake briefly to the case , and agreed with one voyce , that the court , as this case is , shall have jurisdiction , although that these offences were committed in parliament , and that the imprisoned members ought to answer . iones began and said , that though this question be now newly moved , yet it is an ancient question with him ; for it had been in his thoughts these eighteen yeers . for this information there are three questions in it : . whether the matters informed be true or false : and this ought to be determined by iury or demurrer . . when the matters of the information are found or confessed to be true , if the information be good in substance . . admit that the offences are truly charged , if this court hath power to punish them : and that is the sole question of this day . and it seems to me , that of these offences , although committed in parliament , this court shall have jurisdiction to punish them . the plea of the defendents here to the jurisdiction being concluded with a demurrer , is not peremptory unto them , although it be adjudged against them ; but if the plea be pleaded to the jurisdiction which is found against the defendant by verdict , this is peremptory . in the discussion of this point , i decline these questions : . if the matter be voted in parliament , when it is finished , it can be punished and examined in another court. . if the matter be commenced in parliament , and that ended , if afterward it may be questioned in another court. i question not these matters , but i hold , that an offence committed criminally in parliament , may be questioned elsewhere , as in this court ; and that for these reasons : first , quia interest reipublicae ut malesicia non maneant impunita : and there ought to be a fresh punishment of them . parliaments are called at the kings pleasure , and the king is not compellible to call his parliament ; and if before the next parliament , the party offending , or the witnesses die , then there will be a ●ayler of justice . secondly , the parliament is no constant court ; every parliament mostly consists of several men , and by consequence they cannot take notice of matters done in the foregoing parliament ; and there they do not examine by oath , unless it be in chancery , as it is used of late time . thirdly , the parliament cannot send process to make the offenders to appear at the next parliament ; and being at large , if they hear a noise of a parliament , they will fugam facere , and so prevent their punishment . fourthly , put the case that one of the defendants be made a baron of parliament , now he cannot be punished in the house of commons , and so he shall be unpunished . it hath been objected , that the parliament is the superior court to this , therefore this court cannot examine their proceedings . to this i say , that this court of the kings bench is a higher court then the justices of oyer and terminer , or the justices of assize : but if an offence be done where the kings bench is ; after it is removed , this offence may be examined by the justices of oyer and terminer , or by the justices of assize . we cannot question the judgments of parliaments , but their particular offences . . obj. it is a priviledge of parliament , whereof we are not competent iudges . to this i say , that privilegium est privata lex , & privat legem . and this ought to be by grant prescription in parliament , and then it ought to be pleaded for the manner , as is hen. dy. as it is not here pleaded . also we are judges of all acts of parliament : as , hen. . ordinance made by the king and commons is not good , and we are judges what shall be said a session of parliament , as it is in plowden in patridges case . we are judges of their lives and lands , therefore of their liberties . and eliz. ( which was cited by mr. atturney ) it was the opinion of dyer , oatlyn , welsh ; brown and southcot , justices , that offences committed in parliament may be punished out of parliament . and ed. . . it is good law. and it is usual neer the end of parliaments to set some petty punishment upon offenders in parliament , to prevent other courts . and i have seen a roll in this court , in h. . where judgment was given in a writ of annuity in ireland , and afterwards the said judgment was reversed in parliament in ireland ; upon which judgment , writ of error was brought in this court , and reversed . hide chief justice , to the same intent : no new matter hath been offered to us now by them that argue for the defendants , but the same reasons and authorities in substance , which were objected before all the justices of england and barons of the exchequer , at sergeants-inn in fleet-street , upon an information in the star-chamber for the same matter . at which time after great deliberation it was resolved by all of them , that an offence committed in parliament , that being ended , may be punished out of parliament . and no court more apt for that purpose then this court in which we are : and it cannot be punished in a future parliament , because it cannot take notice of matters done in a foregoing parliament . as to that that was said , that an inferiour court cannot meddle with matters done in a superior ; true it is , that an inferior court cannot meddle with judgments of a superior court ; but if the particular members of a superiour court offend , they are oft-times punishable in an inferior court : as , if a judg shall commit a capital offence in this court , he may be arraigned thereof at newgate . e. . . and mar. which have been cited , over-rule this case . therefore . whitlock accordingly : . i say in this case , nihil dictum quod non dictum prius . . that all the judges of england have resolved this very point . . that now we are but upon the brink and skirts of the cause : for it is not now in question if these be offences or no ; or , if true or false ; but only if this court have jurisdiction . but it hath been objected , that the offence is not capital , therefore it is not examinable in this court. but though it be not capital , yet it is criminal , for it is sowing of sedition to the destruction of the commonwealth . the question now is not between us that are judges of this court and the parliament , or between the king and the parliament ; but between some private members of the house of commons and the king himself : for here the king himself questions them for those offences , as well he may . in every commonwealth there is one supereminent power which is not subject to be questioned by any other ; and that is the king in this commonwealth , who , as bracton saith , solum deum habet ultorem . but no other within the realm hath this priviledge . it is true , that that which is done in parliament by consent of all the house , shall not be questioned elsewhere ; but if any private members exuunt personas judicum , & induunt malefacientium personas , & sunt seditiosi , is there such sanctimony in the place , that they may not be questioned for it elsewhere ? the bishop of ross , as the case hath been put , being embassadour here , practised matters against the state. and it was resolved , that although legatus sit rex in alieno solo , yet when he goes out of the bounds of his office , and complots with traytors in this kingdom , that he shall be punished as an offender here . a minister hath a great priviledge when he is in the pulpit ; but yet if in the pulpit he utter speeches which are scandalous to the state , he is punishable : so in this case , when a burgess of parliament becomes mutinous , he shall not have the priviledge of parliament . in my opinion , the realm cannot consist without parliaments , but the behaviour of parliament-men ought to be parliamentary . no outragious speeches were ever used against a great minister of state in parliament , which have not been punished . if a judge of this court utter scandalous speeches to the state , he may be questioned for them before commissioners of oyer and terminer , because this is no judicial act of the court. but it hath been objected : that we cannot examine acts done by a higher power . to this i put this case : when a peer of the realm is arraigned of treason , we are not his judges , but the high steward , and he shall be tryed by his peers : but if errour be committed in this proceeding , that shall be reversed by errour in this court ; for that which we do , is coram ipso rege . it hath been objected : that the parliament-law differs from the law by which we judge in this court in sundry cases . and for the instance which hath been made , that by the statute none ought to be chosen burgesse of a town in which he doth not inhabit , but that the usage of parliament is contrary . but if information be brought upon the said statute against such a burgess , i think that the statute is a good warrant for us to give judgement against him . and it hath been objected : that there is no president in this matter . but there are sundry presidents by which it appears that the parliament hath transmitted matters to this court , as r. . there being a question between a great peer and a bishop , it was transmitted to this court , being for matter of behaviour : and although the judges of this court are but inferiour men , yet the court is higher : for it appears by the eliz. dy. that the earl marshal of england is an officer of this court ; and it is always admitted in parliament , that the priviledges of parliament hold not in three cases , to wit , in case of treason ; secondly , in case of felony , and in suit for the peace ; and the last is our very case . therefore , &c. crook argued to the same intent ( but i did not well hear him : ) he said , that these offences ought to be punished in the court , or no where ; and all manner off offences which are against the crown , are examinable in this court. it hath been objected : that by this means none will adventure to make his complaints in parliament . that is not so , for he may complain in a parliamentary course , but not falsely and unlawfully , as here is pretended ; for that which is unlawfully , cannot be in a parliamentary course . it hath been objected : that the parliament is a higher court then this is . and it is true : but every member of parliament is not a court ; and if he commit offence , he is punishable here . our court is a court of high jurisdiction , it cannot take cognizance of real pleas ; but if a real plea comes by error in this court , it shall never be transmitted . but this court may award a grand cape , and other process usual in real actions : but of all capital and criminal causes we are originally competent judges , and by consequence of this matter . but i am not of the opinion of mr. atturney general , that the word proditore , would have made this treason . and for the other matters , he agreed with the judges . therefore by the court , the defendants were ruled to plead further : and mr. lenthal of lincolns-inn was assigned of counsel for them . inasmuch as the defendants would not put in other plea the last day of the term , judgment was given against them upon a nihil dicit ; which judgment was pronounced by iones to this effect : the matter of the information now by the confession of the defendants is admitted to be true , and we think their plea to the jurisdiction insufficient for the matter and manner of it . and we hereby will not draw the true liberties of parliament-men into question ; to wit , for such matters which they do or speak in parliamentary manner . but in this case there was a conspiracy between the defendants to slander the state , and to raise sedition and discord between the king his peers and people ; and this was not a parliamentary course . all the iudges of england , except one , have resolved the statute of hen. . to be a private act , and to extend to strood only . but every member of the parliament shall have such priviledges as are there mentioned ; but they have no priviledge to speak at their pleasure . the parliament is an high court , therefore it ought not to be disorderly , but ought to give good example to other courts . if a judg of our court shall rayl upon the state or clergy , he is punishable for it . a member of the parliament may charge any great officer of the state with any particular offence ; but this was a malevolous accusation in the generality of all the officers of state , therefore the matter contained within the information is a great offence , and punishable in this court. . for the punishment , although the offence be great , yet that shall be with a light hand , and shall be in this manner . . that every of the defendants shall be imprisoned during the kings pleasure : sir john elliot to be imprisoned in the tower of london , and the other defendants in other prisons . . that none of them shall be delivered out of prison until he give security in this court for his good behaviour , and have made submission and acknowledgment of his offence . . sir john elliot , inasmuch as we think him the greatest offender , and the ringleader , shall pay a fine to the king of l. and mr. holles , a fine of marks : and mr. valentine , because he is of less ability then the rest , shall pay a fine of l. and to all this , all the other justices with one voice accorded . finis . appendix . his majesties declaration to all his loving subjects , of the causes which moved him to dissolve the last parliament , march . . howsoever princes are not bound to give accompt of their actions but to god alone ; yet for the satisfaction of the minds and affections of our loving subjects , we have thought good to set down thus much by way of declaration , that we may appeare to the world in the truth and sincerity of our actions , and not in those colours , in which we know some turbulent and ill-affected spirits ( to masque and disguise their wicked intentions , dangerous to the state ) would represent us to the publick view . we assembled our parliament the th . day of march , in the third yeer of our reigne , for the safety of religion , for securing our kingdoms and subjects at home , and our friends and allies abroad . and therefore at the first sitting down of it , we declared the miserable afflicted estate of those of the reformed religion , in germany , france , and other parts of christendome ; the distressed extremities of our dearest uncle , the king of denmark , chased out of a great part of his dominions ; the strength of that party which was united against us ; that ( besides the pope and the house of austria , and their antient confederates ) the french king professed the rooting out of the protestant religion ; that , of the princes and states on our party , some were over-run , others diverted , and some disabled to give assistance . for which , and other important motives , we propounded a speedy supply of treasure , answerable to the necessity of the cause . these things in the beginning were well resented by the house of commons , and with much alacrity and readinesse , they agreed to grant a liberall aid : but before it was brought to any perfection , they were diverted by a multitude of questions , raised amongst them , touching their liberties and priviledges , and by other long disputes , that the bill did not passe in a long time ; and by that delay , our affairs were put into a far worse case then at the first ; our foraigne actions then in hand being thereby disgraced and ruined , for want of timely help . in this , as we are not willing to derogate from the merit and good intentions of those wise and moderate men of that house , ( to whose forwardnesse we attribute it , that it was propounded and resolved so soon ) ; so we must needs say , that the delay of passing it when it was resolved , occasioned by causlesse jealousies , stirred up by men of another temper , did much lessen both the reputation and reality of that supply . and their spirit , infused into many of the commissioners and assessors in the country , hath returned up the subsidies in such a scanty proportion , as is infinitely short , not onely of our great occas●ons , but of the presidents of former subsidies , and of the intentions of all well-affected men in that house . in those large disputes , as we permitted many of our high prerogatives to be debated , which in the best times of our predecessors had never been questioned , without punishment or sharp reproof ; so we did endeavour to have shortned those debates , for winning of time , which would have much advantaged our great affairs , both at home and abroad . and therefore both by speeches and messages , we did often declare our gratious and clear resolution , to maintain , not onely the parliament , but all our people , in their antient and just liberties , without either violation or diminution ; and in the end , for their full satisfaction and security , did by an answer , framed in the form by themselves desired , to their parliamentary petition , confirm their antient and just liberties and rights , which we resolve , with all constancy and justice , to maintain . this parliament , howsoever besides the setling our necessary supply , and their own liberties , they wasted much time in such proceedings , ( blasting our government , as we are unwilling to remember ) yet we suffered them to sit , untill themselves desired us to appoint a time for their recesse , not naming either adjournment or prorogation . whereupon by advice of our councill , we resolved to prorogue and make a session ; and to that end prefixed a day , by which they might ( as was meet in so long a sitting ) finish some profitable and good lawes ; and withall gave order for a gratious pardon to all our subjects : which , according to the use of former parliaments , passed the higher house , and was sent down to the commons . all which being gratiously intended by us , was ill-entertained by some disaffected persons of that house , who by their artifices , in a short time raised so much heat and distemper in the house , for no other visible cause , but because we had declared our resolution to prorogue , as our councill advised , and not to adjourn , as some of that house ( after our resolution declared , and not before ) did manifest themselves to affect ; that seldome hath greater passion been seen in that house , upon the greatest occasions . and some glances in the house , but upon open rumors abroad , were spread , that by the answer to the petition , we had given away , not onely our impositions upon goods , exported and imported , but the tunnage and poundage , ( whereas in the debate and hammering of that petition , there was no speech or mention in either house concerning those impositions , but concerning taxes and other charges within the land ; much lesse was there any thought thereby to debar us of tunnage and poundage , which both before and after the answer to that petition , the house of commons , in all their speeches and treaties , did professe they were willing to grant ) . and at the same time , many other misinterpretations were raised of that petition and answer , by men , not well distinguishing between well ordered liberty , and licentiousness ; as if by our answer to that petition . we had let loose the reynes of our government . and in this distemper , the house of commons , laying aside the pardon , ( a thing never done in any former parliament ) and other businesse , fit to have been concluded that session , some of them went about to frame and contrive a remonstrance against our receiving of tunnage and poundage , which was so far proceeded in , the night before the prefixed time , for concluding the session , and so hastned by the contrivers thereof , that they meant to have put it to the vote of the house the next morning , before we should prorogue the session . and therefore finding our gratious favours in that session , afforded to our people , so ill requited , and such sinister straines made upon our answer to that petition , to the diminution of our profit , and ( which was more ) to the danger of our government : we resolved to prevent the finishing of that remonstrance , and other dangerous intentions of some ill-affected persons , by ending the session the next morning , some few hours sooner then was expected ; and by our own mouth to declare to both houses the cause thereof ; and for hindring the spreading of those sinister interpretations of that petition and answer , to give some necessary directions , for setling and quieting our government , untill another meeting ; which we performed accordingly the six and twentieth of iune last . the session thus ended , and the parliament risen , that intended remonstrance gave us occasion to look into the businesse of tunnage and poundage . and therefore , though our necessities pleaded strongly for us , yet we were not apt to strain that point too far , but resolved to guide our self by the practise of former ages , and examples of our most noble predecessors ; thinking those counsels best warranted , which the wisdom of former ages , concurring with the present occasions , did approve ; and therefore gave order for a diligent search of records : upon which it was found , that although in the parliament holden in the first yeer of the reigne of king edward the fourth , the subsidy of tunnage and poundage was not granted unto that king , but was first granted unto him by parliament in the third yeer of his reigne ; yet the same was accounted and answered to that king , from the first day of his reigne , all the first and second yeers of his reigne , and , untill it was granted by parliament . and that in the succeeding times of king richard the third , king henry the seventh , king henry the eighth , king edward the sixth , queen mary , and queen elizabeth , the subsidy of tunnage and poundage was not onely enjoyed by every of those kings and queens , from the death of each of them deceasing , untill it was granted by parliament unto the successor ; but in all those times ( being for the most part peacable , and not burdened with like charges and necessities , as these modern times ) the parliament did most readily and cheerfully , in the beginning of every of those reignes , grant the same , as a thing most necessary for the guarding of the seas , safety and defence of the realm , and supportation of the royall dignity . and in the time of our royall father of blessed memory , he enjoyed the same a full yeer , wanting very few daies , before his parliament began ; and above a yeer before the act of parliament for the grant of it was passed . and yet when the parliament was assembled , it was granted without difficulty . and in our own time , we quietly received the same three years and more , expecting with patience , in severall parliaments , the like grant thereof , as had been made to so many of our predecessors ; the house of commons still professing , that multitude of other businesses , and not want of willingnesse on their part , had caused the setling thereof to be so long deferred . and therefore finding so much reason and necessity , for the receiving of the ordinary duties in the custom-house , to concur with the practice of such a succession of kings and queens , famous for wisdom , justice , and government ; and nothing to the contrary , but that intended remonstrance , hatched out of the passionate brains of a few particular persons ; we thought it was so far from the wisdom and duty of a house of parliament , as we could not think , that any moderate and discreet man , ( upon composed thoughts , setting aside passion and distemper ) could be against receiving of tunnage and poundage ; especially since we do , and still must , pursue those ends , and undergo that charge , for which it vvas first granted to the crovvn ; it having been so long and constantly continued to our predecessors , as that in four severall acts of parliament for the granting thereof to king edward the sixth , queen mary , queen elizabeth , and our blessed father . it is in expresse tearms mentioned , to have been had and enjoyed by the severall kings , named in those acts , time out of minde , by authority of parliament . and therefore upon these reasons , we held it agreeable to our kingly honour , and necessary for the safety and good of our kingdom , to continue the receipt thereof , as so many of our predecessors had done . wherefore when a few merchants ( being at first but one or two ) , fomented , as it is well known , by those evill spirits , that would have hatched that undutifull remonstrance , began to oppose the payment of our accustomed duties in the custom-house , we gave order to the officers of our customs to go on , notwithstanding that opposition , in the receiving of the usuall duties ; and caused those , that refused , to be warned to attend at the councill-board , that by the wisdom and authority of our councill , they might be reduced to obedience and duty ; where some of them , without reverence or respect to the honour and dignity of that presence , behaved themselves with such boldnesse and insolency of speech , as was not to be endured by a far meaner assembly , much lesse to be countenanced by a house of parliament , against the body of our privy councill . and as in this we did , what in reason and honour was fit for the present , so our thoughts were daily intentive upon the re-assembling of our parliament , with full intention on our part , to take away all ill-understanding between us and our people ; whose loves , as we desired to continue and preserve , so we used our best endeavours , to prepare and facilitate the way to it . and to this end , having taken a strict and exact survey of our government , both in the church and common-wealth , and what things were most fit and necessary to be reformed : we found in the first place , that much exception had been taken at a book , entituled , appello caesarem , or , an appeal to cesar ; and published in the year . by richard montague , then batchelor of divinity , and now bishop of chichester ; and because it did open the way to those schisms and divisions , which have since ensued in the church , we did , for remedy and redresse thereof , and for the satisfaction of the consciences of our good people , not onely by our publick proclamation , call in that book , which ministred matter of offence , but to prevent the like danger for hereafter , re-printed the articles of religion , established in the time of queen elizabeth of famous memory ; and by a declaration before those articles , we did tie and restrain all opinions to the sense of those articles , that nothing might be left for private fancies and innovations . for , we call god to record , before whom we stand , that it is , and alwaies hath been , our hearts desire , to be found worthy of that title , which we account the most glorious in all our crown , defender of the faith. neither shall we ever give way to the authorising of any thing , whereby any innovation may steal or creep into the church ; but to preserve that unity of doctrine and discipline , established in the time of queen elizabeth , whereby the church of england hath stood and flourished ever since . and as we were carefull to make up all breaches and rents in religion at home , so did we , by our proclamation and commandment , for the execution of lawes against priests , and popish recusants , fortifie all waies and approaches against that forraigne enemy ; which if it have not succeeded according to our intention , we must lay the fault where it is , in the subordinate officers , and ministers in the country , by whose remisnesse , jesuites and priests escape without apprehension ; and recusants , from those convictions and penalties , which the law and our commandment would have inflicted on them . for we do professe , that , as it is our duty , so it shall be our care , to command and direct well ; but it is the part of others , to perform the ministeriall office . and when we have done our office , we shall account our self , and all charitable men will account us innocent , both to god and men . and those that are negligent , we will esteem as culpable both to god and us ; and therefore will expect , that hereafter they give us a better account . and , as we have been careful for the setling of religion , and quieting the church ; so were we not unmindfull of the preservation of the just and antient liberties of our subjects , which we secured to them by our gratious answer to the petition in parliament , having not since that time done any act whereby to infringe them . but our care is , and hereafter shall be , to keep them entire and inviolable , as we would do our own right and soveraignty , having for that purpose enrolled the petition and answer in our courts of justice . next to the care of religion , and of our subjects rights , we did our best for the provident and well-ordering of that aid and supply , which was granted us the last session , whereof no part hath been wastefully spent , nor put to any other use , than those for which it was desired and granted ; as upon payment of our fleet and army : wherein our care hath been such , as we chose rather to discontent our dearest friends and allies , and our nearest servants , than to leave our souldiers and marriners unsatisfied , whereby any vexation or disquiet might arise to our people . we have also , with part of those monies , begun to supply our magazines , and stores of munition , and to put our navy into a constant form and order . our fleet likwise is fitting , and almost in a readinesse , whereby the narrow seas may be guarded , commerce maintained , and our kingdome secured from all forraign attempts . these acts of ours might have made this impression in all good minds , that we were carefull to direct our counsells , and dispose our actions , as might most conduce to the maintenance of religion , honour of our government , and safety of our people . but with mischievous men once ill-affected , seu bene , seu male facta premunt ; and whatsoever once seemed amisse is ever remembered ; but good endeavours are never regarded . now all these things that were the chief complaints the last session , being by our princely care so seriously reformed , the parliament reassembled the th of ianuary last . we expected , according to the candor and sincerity of our own thoughts , that men would have framed themselves for the effecting of a right understanding between us and our people . but some few malevolent persons , like empericks and lewd artists , did strive to make new work , and to have some disease on foot , to keep themselves in request , and to be employed and entertained in the cure . and yet to manifest how much offences have been diminished , the committees for grievances , committees for courts of justice , and committees for trade , have , since the sitting down of the parliament , received few complaints , and those such , as they themselves have not thought to be of that moment or importance , with which our ears should be acquainted . no sooner therefore was the parliament set down , but these ill affected men began to sow and disperse their jealousies , by casting out some glances and doubtfull speeches , as if the subject had not been so clearly and well dealt with , touching their liberties , and touching the petition answered the last parliament . this being a plausible theam , thought on for an ill purpose , easily took hold on the minds of many , that knew not the practice . and thereupon the second day of the parliament , a committee was appointed to search , whether the petition and our answer thereunto were enrolled in the parliament role , and in the courts at westminster , and in what manner the same was done . and a day also was then appointed , on which , the house being resolved into a committee , should take into consideration those things , wherein the liberty of the subject had been invaded , against the petition of right . this , though it produced no other effect of moment or importance , yet was sufficient to raise a jealousie against our proceedings , in such as were not well acquainted with the sincerity and clearnesse of them . there followed another of no lesse skill ; for although our proceeding , before the parliament , about matters of religion , might have satisfied any moderate men of our zealous care thereof , ( as we are sure it did the most ) yet , as bad stomachs turn the best things into their own nature , for want of good digestion ; so those distempered persons have done the like of our good intents , by a bad and sinister interpretation : for , when they did observe , that many honest and religious minds in that house , did complain of those dangers that did threaten the church ; they likewise took the same word in their mouth , and their cry likewise was , templum domini , templum domini , when the true care of the church never came into their hearts : and what the one did out of zeal unto religion , the other took up as a plausible theam , to deprave our government , as if we , our clergy , and councill , were either senslesse or carelesse of religion . and this wicked practise hath been , to make us seem to walk before our people , as if we halted before god. having , by these artifices , made a jealous impression in the hearts of many ; and a day being appointed to treat of the grant of tunnage and poundage , at the time prefixed , all expresse great willingnesse to grant it . but a new strain is found out , that it could not be done , without great perill to the right of the subject , unlesse we should disclaim any right therein , but by grant in parliament ; and should cause all those goods to be restored , which , upon commandment from us , or our councill , were stayed by our officers , untill those duties were paid , and consequently should put our selves out of the possession of the tunnage and poundage , before they were granted ; for else , it was pretended , the subject stood not in fit case to grant it . a fancy and cavill raised of purpose to trouble the businesse ; it being evident , that all the kings before named did receive that duty , and were in actuall possession of it , before , and at the very time , when it was granted to them by parliament . and although we , to remove all difficulties , did from our own mouth , in those clear and open tearms , that might have satisfied any moderate and well-disposed minds , declare , that it was our meaning , by the gift of our people , to enjoy it , and that we did not challenge it of right , but took it de bene esse , shewing thereby , not the right , but the necessity , by which we were to take it , ( wherein we descended , for their satisfaction , so far beneath our self , as we are confident , never any of our predecessors did the like , nor was the like ever required or expected from them ) . yet for all this , the bill of tunnage and poundage was laid aside , upon pretence , they must first clear the right of the subject therein ; under colour whereof , they entertain the complaints , not onely of iohn rolles , a member of their house , but also of richard chambers , john fowkes , and bartholomew gilman , against the officers of our customs , for detaining their goods , upon refusall to pay the ordinary duty , accustomed to be paid for the same . and upon these complaints , they send for the officers of the customes , enforcing them to attend day after day , by the space of a month together ; they cause them to produce their letters patents under our great seal , and the warrants made by our privy councill , for levying of those duties . they examine the officers upon what questions they please , thereby to entrap them for doing our service and commandment . in these and other their proceedings , because we would not give the least shew of interruption , we endured long with much patience both these , and sundry other strange and exorbitant incroachments and usurpations , such as were never before attempted in that house . we are not ignorant , how much that house hath of late years endeavoured to extend their priviledges , by setting up generall committees for religion , for courts of justice , for trade , and the like ; a course never heard of untill of late : so as , where in former timos the knights and burgesses were wont to communicate to the house such businesse , as they brought from their countries ; now there are so many chairs erected , to make enquirie upon all sorts of men , where complaints of all sorts are entertained , to the unsufferable disturbance and scandall of justice and government , which having been tolerated a while by our father , and our self , hath daily grown to more and more height ; insomuch that young lawyers sitting there , take upon them to decry the opinions of the judges ; and some have not doubted to maintain , that the resolutions of that house must bind the judges , a thing never heard of in ages past . but , in this last assembly of parliament , they have taken on them much more then ever before . they sent messengers to examine our atturney generall , ( who is an officer of trust and secrecy ) touching the execution of some commandements of ours , of which , without our leave first obtained , he was not to give account to any but our self . they sent a captious and directory message to the lord treasurer , chancellor , and barrons of the exchequer , touching some judiciall proceedings of theirs in our court of exchequer . they sent messengers to examine upon sundry questions , our two chief justices , and three other of our judges , touching their judiciall proceedings at the gaol-delivery at newgate , of which , they are not accountable to the house of commons . and whereas suits were commenced in our court of star-chamber , against richard chambers , john fowks , bartholomew gilman , and richard phillips , by our atturney generall , for great misdemeanours ; they resolved , that they were to have priviledge of parliament against us for their persons , for no other cause , but because they had petitions depending in that house ; and ( which is more strange ) they resolved , that a signification should be made from that house , by a letter , to issue under the hand of their speaker , unto the lord keeper of our great seal , that no attachments should be granted out against the said chambers , fowks , gilman , or phillips , during their said priviledge of parliament . whereas it is far above the power of that house , to give direction to any of our courts at westminster , to stop attatchments against any man , though never so strongly priviledged ; the breach of priviledge being not in the court that grants , but in the party or minister that puts in execution such attachments . and therefore , if any such letter had come to the lord keeper , as it did not , he should have highly offended us if he had obeyed it . nay , they went so far , as they spared not the honour of our councill-board , but examined their proceedings in the case of our customers , interrogating what this or that man of our councill said , in direction of them in the businesse committed to their charge . and when one of the members of that house speaking of our counsellors , said , we had wicked counsell ; and another said , that the councill and judges sought to trample under feet the liberty of the subject ; and a third traduced our court of star-chamber , for the sentence given against savage , they passed without check or censure by the house . by which may appear , how far the members of that house have of late swollen beyond the rules of moderation , and the modesty of former times ; and this under pretence of priviledge and freedom of speech , whereby they take liberty to declare against all authority of councill and courts at their pleasure . they sent for our sheriff of london to examine him in a cause , whereof they had no jurisdiction ; their true and antient jurisdiction extending onely to their own members , and to the conservation of their priviledges , and not to the censure of forrain persons and causes , which have no relation to their priviledges , the same being but a late innovation . and yet upon an enforced strain of a contempt , for not answering to their satisfaction , they commit him to the tower of london , using that outward pretext for a cause of committing him , the true and inward cause being , for that he had shewed himself dutifull to us and our commandements , in the matter concerning our customs . in these innovations ( which we will never permit again ) they pretended indeed our service ; but their drift was , to break , by this means , through all respects and ligaments of government , and to erect an universall over-swaying power to themselves , which belongs onely to us , and not to them . lastly , in their proceedings against our customers , they went about to censure them as delinquents , and to punish them , for staying some goods of some factious merchants , in our store-house , for not paying those duties which themselves had for●erly paid , and which the customers , without interruption , had received of all other merchants , many years before , and to which they were authorised , both by our great seal , and by severall directions and commandements from us and our privy councill . to give some colour to their proceedings herein , they went about to create a new priviledge , ( which we will never admit ) that a parliament-man hath priviledge for his goods against the king ; the consequence whereof would be , that he may not be constrained to pay any duties to the king , during the time of priviledge of parliament . it is true , they would have this case to have been between the merchants , and our farmers of our customs , and have severed them from our interest and commandment , thereby the rather to make them lyable to the censure and punishment of that house . but on the other side , we holding it both unjust and dishonorable , to with-draw our self from our officers , in any thing they did by our commandement , or to disavow any thing that we had enjoyned to be done ; upon munday the d of february , sent a message unto them by secretary cook , thanking them for the respect they had shewed , in severing the interest of our farmers from our own interest and commandment . neverthelesse , we were bound in honour to acknowledge a truth , that , what was done by them , was done by our expresse commandement and direction ; and if for doing thereof our farmers should suffer , it would highly concern us in honour . which message was no sooner delivered unto them , but in a tumultuous and discontented manner , they called , adjourn , adjourn ; and thereupon , without any cause given on our part , in a very unusuall manner , adjourned , untill the wednesday following . on which day , by the uniform wisdom of our privy council , we caused both houses to be adjourned until the second day of march ; hoping that in the mean time , a better and more right understanding might bee begotten between us , and the members of that house , whereby the parliament might come to a happy issue . but understanding by good advertisment , that their discontent did not in that time digest , and passe away ; we resolved to make a second adjournment , untill the tenth of march ; which was done , as well to take time to our self , to think of some means to accommodate those difficulties , as to give them time to advise better ; and accordingly , we gave commandment for a second adjournment in both houses , and for cessation of all businesse till the day appointed ; which was very dutifully obeyed in the higher house , no man contradicting or questioning it . but when the same commandment was delivered in the house of commons by their speaker , it was streight-waies contradicted ; and although the speaker declared unto them , it was an absolute right and power in us to adjourn , as well as to prorogue or dissolve ; and declared and readd unto them divers presidents of that house , to warrant the same ; yet our commandment was most contemptuously disobeyed ; and some rising up to speak , said , they had businesse to do before the house should be adjourned . * whilst the duke of buckingham lived , he was intituled to all the distempers and ill events of former parliaments ; and therefore much endeavour was used to demolish him , as the onely wall of separation between us and our people . but now he is dead , no alteration was found amongst those envenomed spirits , which troubled then the blessed harmony between us and our subjects , and continue still to trouble it . for now under the pretence of publick care of the common-wealth , they suggest new and causlesse fears , which in their own hearts they know to be false ; and devise new engines of mischief , so to cast a blindnesse upon the good affections of our people , that they may not see the truth , and largenesse of our heart towards them . so that now it is manifest , the duke was not alone the mark these men shot at , but was onely as a near minister of ours , taken up , on the by , and in their passage to their more secret designes ; which were onely to cast our affairs into a desperate condition , to abate the powers of our crown ▪ and to bring our government into obloquy ; that , in the end , all things may be over-whelmed with anarchy and confusion . we do not impute these dysasters to the whole house of commons , knowing that there were amongst them many religious , grave , and well-minded men ; but the sincerer and better part of the house was over-born , by the practises and clamours of the other , who , carelesse of their duties , and taking advantage of the times , and our necessities , have enforced us to break off this meeting ; which , had it been answered with like duty on their parts , as it was invited and begun with love on ours , might have proved happy and glorious , both to us and this whole nation . we have thus declared the manifold causes we had , to dissolve this parliament , whereby all the world may see , how much they have forgotten their former engagements at the entry into the war , themselves being perswaders to it ; promising to make us feared by our enemies , and esteemed by our friends . and how they turned the necessities grown by that war , to enforce us to yield to conditions incompatible with monarchy . and now that our people may discern , that these provocations of evill men ( whose punishments we reserve to a due time ) have not changed our good intentions to our subjects , we do here professe to maintain the true religion and doctrine , established in the church of england , without admitting or conniving at any back-sliding , either to popery or schism . we do also declare , that vve will maintain the antient and just rights and liberties of our subjects , with so much constancy and justice , that they shall have cause to acknowledge , that under our government and gratious protection , they live in a more happy and free estate , then any subjects in the christian world . yet let no man hereby take the boldnesse to abuse that liberty , turning it to licentiousnesse ; nor misinterprett the petition , by perverting it to a lawlesse liberty , wantonly or frowardly , under that or any other colour , to resist lawfull and necessary authority . for as we will maintain our subjects in their just liberties , so we do and will expect , that they yield as much submission and duty to our royal prerogatives , and as ready obedience to our authority and commandments , as hath been performed to the greatest of our predecessors . and for our ministers , we vvill not that they be terrified by those harsh proceedings , that have been strained against some of them . for , as we will not command any thing unjust or dishonourable , but shall use our authority and prerogatives for the good of our people ; so we will expect , that our ministers obey us , and they shall assure themselves , we will protect them . as for our merchants , we let them know , we shall alwaies endeavour to cherish and enlarge the trade of such as be dutifull , without burthening them beyond what is fitting : but the duty of five in the hundred , for guarding of the seas , and defence of the realm , to which we hold our selves still obliged , ( and which duty hath continued without interruption so many succession of ages ) we hold no good or dutifull subject will deny it , being so necessary for the good of the whole kingdom . and if any factious merchant vvill affront us , in a thing so reasonable , and vvherein we require no more , nor in no other manner , than so many of our predecessors have done , and have been dutifully obeyed : let them not deceive themselves , but be assured , that we shall find honourable and just means to support our estate , vindicate our soveraignty , and preserve the authority vvhich god hath put into our hands . and now having laid down the truth and clearnesse of our proceedings , all wise and discreet men may easily judge of those rumours , and jealous fears , that are malitiously and vvickedly bruited abroad ; and may discern , by examination of their own hearts , whether ( in respect of the free passage of the gospel , indifferent and equall administration of justice , freedom from oppression , and the great peace and quietnesse which every man enjoyeth under his own vine and fig-tree ) the happinesse of this nation can be parallel'd , by any of our neighbour-countries ; and if not , then to acknowledge their own blessednesse , and for the same be thankfull to god , the author of all goodnesse . a proposition for his majestie 's service , to bridle the impertinency of parliaments . afterwards questioned in the star-chamber . the proposition for your majestie 's service containeth two parts : the one , to secure your state , and to bridle the impertinency of parliaments : the other , to increase your majestie 's revenue , much more then it is . touching the first , having considered divers means , i find none so important , to strengthen your majesties regall authority , against all oppositions and practises of troublesome spirits , and to bridle them ; than to fortifie your kingdome , by having a fortresse in every chief town , and important place thereof , furnished with ordnance , munition , and faithfull men , as they ought to be , with all other circumstances fit for to be digested in a businesse of this nature ; ordering withall the trained souldiers of the county to be united in one dependency with the said fort , as well to secure their beginning , as to succour them in any occasion of suspect ; and also to retain and keep their armes for more security , whereby the countries are no lesse to be brought in subjection than the cities themselves , and consequently the whole kingdom ; your majesty having by this course the power thereof in your own hands . the reasons of the suggests are these : . that in policy , it is a greater tye of the people by force and necessity , then meerly by love and affection ; for by the one , the government resteth alwaies secure ; but by the other , no longer then the people are contented . . it forceth obstinate subjects to be no more presumptuous , than it pleaseth your majesty to permit them . . that to leave a state unfurnished , is , to give the bridle thereof to the subject ; when , by the contrary , it resteth onely in the prince's hands . . that modern fortresses take long time in winning , with such charge and difficulty , as no subjects in these times have means probable to attempt them . . that it is a sure remedy against rebellions , and popular mutinies , or against forraigne powers ; because they cannot well succeed : when by this course the apparent means is taken away , to force the king and subject upon a doubtfull fortune of a set battle , as was the cause , that moved the pretended invasion against the land , attempted by the king of spain in the year . . that your majestie 's government is the more secure , by the people's more subjection ; and by their subjection , your parliament must be forced consequently to alter their style , and to be conformable to your will and pleasure ; for their words and opposition import nothing , where the power is in your majesties own hands , to do with them what you please ; being indeed the chief purpose of this discourse , and the secret intent thereof , fit to be concealed from any english at all , either counsellors of state or other . for these , and divers other weighty reasons , it may be considered in this place , to make your majesty more powerfull and strong , some orders be observed , that are used in fortified countries , the government whereof imports as much as the states themselves , i mean , in times of doubt or suspect , which are these . imprimis , that none wear arms or weapons at all , either in city or country , but such as your majesty may think fit to priviledge , and they to be inrolled . . that as many high-waies as conveniently may be done , be made passable through those cities and townes fortified , to constrain the passengers to travell through them . . that the souldiers of fortresses be sometimes chosen of another nation , if subject to the same prince ; but howsoever , not to be born in the same province , or within forty or fifty miles of the fortresse , and not to have friends or correspondency near it . . that at all the gates of each walled town be appointed officers , not to suffer any unknown passengers to passe , without a ticket , shewing from whence he came , and whither to go . and that the gates of each city be shut all night , and keyes kept by the mayor or governour . . also inn-keepers to deliver the names of all unknown passengers that lodge in their houses ; and if they stay suspitiously at any time , to present them to the governour : whereby dangerous persons seeing these strict courses , will be more wary of their actions , and thereby mischievous attempts will be prevented . all which being referred to your majestie 's wise consideration , it is meet for me withall to give you some satisfaction , of the charge and time to perform what is purposed , that you may not be discouraged in the difficulty of the one , or prolongation of the other ; both which doubts are resolved in one and the same reason , in respect that in england , each chief town commonly hath a ruinated castle , well seated for strength , whose foundation and stones remaining , may be both quickly repaired for this use , and with little charge and industry made strong enough , i hope , for this purpose , within the space of one year ; by adding withall bulwarks and rampiers for the ordnance , according to the rules of fortification . the ordnance for these forts may be of iron , not to disfurnish your majestie 's navy , or be at a greater charge then is needfull . to maintain yearly the fort , i make account in ordinary pay , three thousand men will be sufficient , and will require forty thousand pound charge per annum , or thereabouts , being an expence that inferiour princes undergo , for their necessary safety . all which prevention added to the invincible sea-force your majesty hath already , and may have , will make you the most powerfull and obeyed king of the world . which i could likewise confirm by many examples , but i omit them for brevity , and not to confuse your majesty with too much matter . your majesty may find by the scope of this discourse , the means shewed in generall to bridle your subjects , that may be either discontent or obstinate . so likewise am i to conclude the same intent particularly , against the perversnesse of your parliament , as well to suppresse that pernitious humour , as to avoid their oppositions against your profit , being the second part to be discoursed on : and therefore have first thought fit , for better prevention thereof , to make known to your majesty the purpose of a generall oath your subjects may take , for sure avoiding of all rubs , that may hinder the conclusion of these businesses . it is further meant , that no subject upon pain of high treason , may refuse the same oath , containing onely matter of allegiance , and not scruples in points of conscience , that may give pretence not be denyed . the effect of the oath is this , that all your majestie 's subjects do acknowledge you , to be as absolute a king and monarch within your dominions , as is amongst the christian princes ; and your prerogative as great : whereby you may and shall of your self , by your majestie 's proclamation , as well as other soveraign princes doing the like , either make lawes , or reverse any made , with any other act , so great a monarch as your self may do , and that without further consent of a parliament , or need to call them at all in such cases ; considering , that the parliament in all matters , excepting causes to be sentenced as the highest court , ought to be subject unto your majestie 's will , to give the negative or affirmative conclusion , and not to be constrained by their impertinencies to any inconvenience , appertaining to your majestie 's regall authority ; and this , notwithstanding any bad pretence or custom to the contrary in practise , which indeed were fitter to be offered a prince elected , without other right , than to your majesty , born successively king of england , scotland , and ireland , and your heirs for ever ; and so received , not onely of your subjects , but also of the whole world . how necessary the dangerous supremacy of parliament's usurpation is to be prevented , the example of lewes the eleventh king of france , doth manifest , who found the like opposition as your majesty doth ; and by his wisdom suppressed it . and , to the purpose here intended , which is not to put down altogether parliaments , and their authority , being in many cases very necessary and fit ; but to abridge them so far , as they seek to derogate from your majesties regall authority , and advancement of your greatnesse . the caution in offering the afore-said oath , may require some policy , for the easier passage at first , either by singular or particular tractation ; and that so near about one time over the land , as one government may not know what the other intendeth ; so it may passe the easier , by having no time of combination or opposition . there is another means also more certain then this , to bring to passe the oath more easily , as also your profit , and what else pretended ; which here i omit for brevity , requiring a long discourse by it self , and have set it down in particular instructions to inform your majesty . . the second part of this discourse is , touching your majestie 's profit , after your state is secured : wherein i should observe both some reasonable content to the people , as also consider the great expences that princes have now adaies , more then in times past , to maintain their greatnesse , and safety of their subjects , who , if they have not wit or will to consider their own interest so much indifferently , your majestie 's wisdom must repair their defects , and force them to it by compulsion ; but i hope there shall be no such cause , in points so reasonable , to increase your majestie 's revenue , wherein i set down divers means for your gratious self to make choice of , either all or part at your pleasure , and to put it in execution by such degrees and cautions , as your great wisdom shall think fit in a businesse of this nature . imprimis , the first means or course intended to increase your majestie 's revenues or profit withall , is of greatest consequence , and i call it a decimation , being so tearmed in italy , where in some part it is in use , importing the tenth of all subjects estates to be paid as a yeerly rent to their prince , and as well monyed men in towns , as landed men in the countries , their value and estates esteemed justly as it is to the true value , though with reason ; and this paid yeerly in mony : which course applyed in england for your majestie 's service , may serve instead of subsidies , fifteens , and such like , which in this case are fit to be released , for the subjects benefit and content , in recompence of the said decima , which wil yield your majesty more in certainly , than they do casually by five hundred thousand pounds per annum at the least . item , that when your majesty hath gotten monie into your hands by some courses to be set down , it would be a profitable course to increase your entrada , to buy out all estates and leases upon your own lands , in such sort , as they be made no losers ; whereby having your lands free , and renting it out to the true value , as it is most in use , and not imployed as heretofore , at an old rent , and small ●ines . , you may then rent it out for at least four or five times more mony , then the old rent comes unto . so as if your majesties ●onds be already but sixty thousand pounds per annum , by this course it will be augmented at the least two hundred thousand pounds per annum ; and to buy out the tenants estates will come to a small matter by the course , to make them no losers , considering the gain they have already made upon the land : and this is the rather to be done , and the present course changed , because it hath been a custom used meerly to cousen the king. item . whereas most princes do receive the benefit of salt in their own hands , as a matter of great profit , because they receive it at the lowest price possible , and vent it at double gain yearly ; the same course used by your majesty , were worth at least one hundred and fifty thousand pound per annum . it is likewise in other parts , that all weights and measures of the land , either in private houses , shops , or publick markets , should be viewed to be just , and sealed once a year , paying to the prince for it ; which in england , applyed to your majesty , with order to pay six-pence for the sealing of each said weight or measure , would yield near sixty thousand pounds per annum . item , though all countries pay a gabella for transportation of cloth , and so likewise in england ; yet in spain there is impost upon the wools , which in england is so great a wealth and benefit to the sheep-masters , as they may well pay you five pound per cent . of the true value at the shearing , which i conceive may be worth one hundred and forty thousand pounds per annum . item . whereas the lawyers fees and gains in england be excessive , to your subjects prejudice ; it were better for your majesty to make use thereof , and impose on all causes sentenced with the party , to pay five pound per cent . of the true value that the cause hath gained him ; and for recompence thereof , to limit all lawyers fees and gettings , whereby the subject shall save more in fees and charges , then he giveth to your majesty in the gabella , which i believe may be worth , one year with another , fifty thousand pounds . item , whereas the innes and victualling-houses in england are more chargeable to the travellers , then in other countries , it were good for your majesty to lin● them to certain ordinaries , and raise besides a large imposition , as is used in tuskany and other parts ; that is , a prohibiting all innes and victualling-houses , but such as shall pay it ; and to impose upon the chief inns and taverns , to pay ten pounds a year to your majesty , and the worst five pound per annum ; and all ale-houses twenty shillings per annum , more or lesse , as they are in custom . of all sorts there are so many in england , that this impos● may well yield one hundred thousand pounds per annum to your majesty . item , in tuscany and other parts , there is a gabella of all cattle , or flesh , and horses sold in markets , paying three or four per cent . of what they are sold for , which by conjecture may be worth in england two hundred thousand pounds per annum ; using the like custom upon fish , and other victualls , ( bread excepted ) and for this cause , flesh , and fish , and victualls in the markets , to be priced and sold by weight , whereby the subject saveth more in not being cousened , than the imposition impaireth them . item , in tuskany is used a taxation of seven per cent . upon all alienation of lands to the true value . as also seven per cent . upon all dowries or marriage-monies . the like , if it be justly used in england , were worth at least one hundred thousand pound per annum ; with many other taxations upon meal , and upon all merchandises in all towns , as well as port-towns , which here i omit , with divers others , as not so fit for england . and in satisfaction of the subject for these taxes , your majesty may be pleased to release them of wardships , and to enjoy all their estates at eighteen y●ers old ; and in the mean time , their profits to be preserved for their own benefit . and also in forfeitures of estate by condemnation , your majesty may release the subject , as not to take the forfeiture of their lands , but their goods , high-treason onely excepted ; and to allow the counsell of lawyers in case of life and death ; as also nor to be condemned without two witnesses , with such like benefit , which importeth much more their good , then all the taxations named can prejudice them . item , some of the former taxations , used in ireland and in scotland , as may easily be brought about by the first example thereof used in england , may very well be made to increase your revenue there , more then it is , by two hundred thousand pound per annum . item , all offices in the land , great and small , in your majestie 's grant , may be granted , with condition , to pay you a part yearly , according to the value : this in time may be worth ( as i conceive ) one hundred thousand pound per annum : adding also notaries , atturneys , and such like , to pay some proportion yearly towards it , for being allowed by your majesty to practise , and prohibiting else any to practise in such places . item , to reduce your majesties houshold to board-wages , as most other princes do , reserving some few tables ; this will save your majesty sixty thousand pounds per annum , and ease greatly the subject besides , both in carriages and provision , which is a good reason , that your majesty in honour might do it . item , i know an assured course in your majestie 's navy , which may save at least forty thousand pounds per annum , which requiring a whole discourse by it self , i omit ; onely promise you to do it , whensoever you command . item , whereas your majesties lawes do command the strict keeping of fasting-daies , you may also prohibit on those daies to eat eggs , cheese , and white-meats , but onely such as are contented 〈◊〉 pay eighteen pence a yeer for the liberty to eat them , and the better sort ten shillings . the employment of this may be for the defence of the land , in maintaining the navy , garrisons , and such like , much after the fashion of a crusado in spain , as your majesty knoweth , being first begun there , under the pretence to defend the land against the moors . and the same used in england , as aforesaid , may very well yield , one yeer with another , one hundred thousand pounds , without any disgust to any , because it is at every ones choice to give it or no. lastly , i have a course upon the catholicks , and very safe for your majesty , being with their good liking , as it may be wrought , to yield you presently at least two hundred thousand pound per annum , by raising a certain value upon their lands , and some other impositions ; which requiring a long discourse by it self , i will omit it here , setting it down in my instructions ; it will save your majesty at least one hundred thousand pounds per annum , to make it pain of death , and confiscation of goods and lands , for any of the officers to cousen you , which now is much to be feared they do , or else they could not be so rich ; and herein to allow a fourth part benefit to them that shall find out the cousenage . here is not meant officers of state , as the lord treasurer , &c. being officers of the crown . the summe of all this account amounteth unto two millions , or twenty hundred thousand pounds per annum : suppose it be but one million and a half , as assuredly your majesty may make by these courses set down , yet it is much more then i promised in my letter for your majesties service . besides , some sums of mony in present , by the courses following : imprimis , by the prince's marriage , to make all the earls in england grandees of spain , and principi , with such like priviledges , and to pay twenty thousand pounds apiece for it . . as also , if you make them foeditaries of the towns belonging to their earldoms , if they will pay for it besides , as they do to the king of spain in the kingdom of naples . and so likewise barons to be made earls and peers , to pay ninteen thousand pounds a piece , i think might yield five hundred thousand pounds , and oblige them more sure to his majesty . . to make choice of two hundred of the richest men of england in estate , that be not noble-men , and make them titulate , as is used in naples , and paying for it ; that is , a duke thirty thousand pounds , a marquis fifteen thousand pounds , an earl ten thousand pounds , and a baron or viscount five thousand pounds . it is to be understood , that the antient nobility of barons made earls , are to precede these as peers , though these be made marquesses or dukes ; this may raise a million of pounds and more unto your majesty . to make gentlemen of low quality , and francklines , and rich farmers , esquires , to precede them , would yield your majesty also a great sum of mony in present . i know another course to yield your majesty at least three hundred thousand pounds in mony , which as yet the time serveth not to discover , untill your majesty be resolved to proceed in some of the former courses , which till then i omit . other courses also that may make present mony i shall study for your majestie 's service , and , as i find them out , acquaint you withall . lastly , to conclude all these discourses , by the application of this course used for your profit , that it is not onely the means to make you the richest king that ever england had , but also the safety augmented thereby to be most secure , besides what shewed in the first part of this discourse ; i mean , by the occasion of this taxation , and raising of monies , your majesty shall have cause and means to imploy in all places of the land so many officers and ministers , to be obliged to you for their own good and interest , as nothing can be attempted against your person or royall state over land , but some of them shall in all probability have means to find it out , and hinder it . besides , this course will detect many disorders and abuses in the publick government , which were hard to be discovered by men indifferent . to prohibite gorgeous and costly apparell to be worn , but by persons of good quality , shall save the gentry of the kingdom much more mony , then they shall be taxed to pay unto your majesty . thus withall i take my leave , and kiss your gratious hands , desiring pardon for my error i may commit herein . pasc. . caroli regis . b. r. the reports of the following arguments were taken by mr. widdrington of gray's-inn . upon the habeas corpus out of this court , to bring here the body of one william stroud esq with the cause of his imprisonment , to the marshall of the kings bench , it was returned in this manner : that william stroud esq was committed under my custody , by vertue of a certain warrant under the hands of twelve lords of the privy councill of the lord the king ; the tenour of which warrant followeth in these words . you are to take knowledge , that it is his majesties expresse pleasure and commandment , that you take into your custody the body of william stroud esq and keep him close-prisoner , untill you shall receive other order , either from his majesty , or this board ; for so doing this shall be your warrant . dated the d of april , . and the direction thereof was , to the marshall of the king's bench , or his deputy . he is likewise held in prison by vertue of a certain warrant , under the hand of the king himself , the tenour of which warrant followeth in these words . carolus rex . whereas you have in your custody the body of william stroud esq committed by the lords of our privy councill , by our speciall command , you are to take notice , that his commitment was for notable contempts by him committed against our self , and our government , and for stirring up of sedition against us : for which you are to detain him in your custody , and keep him close-prisoner , untill our pleasure be further known concerning his deliverance . given at greenwich the th of may , . in the th year of our reigne . and the direction was , to our marshall for our bench for the time being . and these are the causes of the taking and detaining of the foresaid william stroud , &c. and upon another habeas corpus to the marshall of the houshold , to have the body of walter long esq he made the same return as above . ask of the inner temple , of counsell with mr. stroud , moved , that the return was insufficient . the return consists upon two warrants , bearing severall dates , which are the causes of the taking and detaining of the prisoner . for the first warrant , which is of the lords of the councill , that is insufficient ; because no cause is shewn of his commitment , which is expresly against the resolution of the parliament , and their petition of right in the time of this king which now is , to which he had likewise given his assent ; so his taking by vertue of the said warrant , is wrongfull . and for the second warrant , it is insufficient also ; and that notwithstanding that it be the kings own ; for , the king himself cannot imprison any man , as our books are , to wit , h. . f. monstrance de faits . h. . . hussey reports it to be the opinion of markham , in the time of edw. . and forrescue in his book , de laudibus legum angliae , cap. . and the reason given is , because no action of false imprisonment lies against the king if the imprisonment be wrongfull ; and the king cannot be a wrong doer . the statute of magna charta is , that no free-man be imprisoned , but by the law of the land. and it appears by these books , that it is against the law of the land that the king should imprison any one . . admit that this be onely a signification and notification given by the king himself of the commitment of the prisoner ; yet it seems , that that signification is of no force , . because the words are general & uncertain , — for notable contempts — there are in the law many contempts of severall natures ; there are contempts against the common law , against the statute-law ; contempts in words , gestures , or actions . and it appears not to the court of what nature these contempts were . — notable — every contempt which is made to the king is notable . — against our government — contempt which is committed in a court of record or chancery , is a contempt against the government of the king , to wit , because they disobey the king when he commands them by his writs , c. . . a. beechers case . the last two words of the return are , — for stirring up of sedition against us — which words likewise are indefinite and generall . i find not the word [ sedition ] in our books , but taken adjectively , as seditious books , seditious newes , &c. in the statute of st . and d. of phil. and mary , cap. . the words are , if any person shall be convicted , &c. for speaking , &c. any false , seditious , or slanderous newes , saying of the tayles of the queen , &c. he shall lose his ears , or pay l. there the penalty imposed upon such sedition is but a fine , c. . lord cromwell's case . where sedition is defined to be seorsum itio , when a man takes a course of his own . and there it is said , that the words , — maintain sedition against the queen's proceedings — shall be expounded according to the coherence of all the words , and the intent of the parties . so that it is plain , that there is a sedition that is onely finable , and which is no cause of imprisonment without bail : and what the sedition is that is here intended , cannot be gathered out of the words , they are so generall , — against us — those words are redundant , for every sedition is against the king. upon the generality and incertainty of all the words in the return , he put these cases , . e. . a man was indicted , quia furatus est equum , and doth not say felonic , and therefore ill , . ass . . a man was indicted that he was communis latro , and the indictment held vitious , because too generall . so here , the offences are returned generally . but there ought to be something individuall , c. . . specot's case , quia schismaticus inveteratus , is no good cause for the bishop to refuse a clerk , for it is too generall , and there are schisms divers kinds , . e. . . because the clerk is criminosus , it is no good cause for the bishop to refuse him , and eliz. dy. . the bishop of n. refuseth one , because he was a haunter of taverns , &c. for which , and divers other crimes , he was unfit , held that the last words are too generall and incertain , . e. . . in the tender of a marriage , and refusall of the heir , he ought to alledge a certain cause of refusall , whereupon issue may be taken . c. . . trollop's case , to say , that the plantiff is excommunicated for divers contumacies , shall not disable him , without shewing some cause in speciall of the excommunication , upon which the court may judge whether it were just or no. so here . and he concluded with a case that was resolved , hill. eliz. peak and paul the defendants said of the pantiff , thou art a mutinous and seditious man , and maintains sedition against the queen ; and the words adjudged not actionable . mason of lincolns-inne , of counsell with mr. long , moved also , that the return was insufficient . for the first warrant , that he was committed by command of the king , signified by the privy councill , i will not argue that , because it was claimed as an antient right pertaining to the subject , in the petition of right , whereto the king himself hath given his consent . for the second warrant , the return is , — for stirring up sedition against us and our government . sedition is not any determined offence within our law ; our law gives definitions or descriptions of other offences , to wit , of treason , murder , felony , &c. but there is no crime in our law called sedition . it is defined by a civilian to be seditio , or secessio , cum pars reipublicae contra partem infurgit ; so that sedition is nothing but division . braeton and glanvill have the word [ seditio ] generally . before the statute of e. . chap. . it was not clear enough what thing was treason , what not ; by which statute it is declared what shall be said treason , and that the iudges shall not declare any thing to be treason , that is not contained within the said statute , but it shall be declared onely by parliament . and that statute speaks not of sedition , nor the statute of h. . chap. . which makes some things treason , which are not contained within the said statute of e. . the statute of e. . chap. . takes away all intervenient statutes , which declared new treasons ; and the said act declares other things to be treason , but mentions not sedition . sedition is the quality of an offence , and is oftentimes taken adverbially or adjectively . to raise tumults or trespasses is sedition , tim. . e. . rot . . garbart's case , a man was indicted , because in the high street he took i. s. there , being in hostile manner , and usurped over him royall power , which is manifest sedition ; and there it was but an indictment of trespasse , mich. . e. . rot . one that was surveyor of the wood-work for the king , was indicted for stealing of timber , and detaining wages , ( ridding carpenters wages ) by one that was but a boy ; and this is there tearmed sedition , and yet it was but a petty fellony , mich. . e. . rot . . b. r. r. pope was appealed by the wife of i. s. because he feloniously and seditiously murdered i. s. and [ seditiously ] was there put in , because it was done privily . by which cases it appears , that sedition is not taken as a substantive , so that it may be applyed to treason , trespasse , or other offences . by the statute of h. . chap. . there is punishment inflicted for the raising of seditious doctrine , and yet no punishment could have been inflicted for it untill the said statute ; & yet it was seditious , as well before the said statute as after . and this appears also by the statute of and of phil. and mar. chap. . which hath been cited . the statute eliz. chap. . reci●es , that divers seditious and evill disposed persons , &c. obtained bulls of reconciliation from the pope , which offence was made treason by the said statute , ( for it was not before , and yet there was sedition ) and by the sa● statute , the aiders and abettors are but in the case of premunire . by the statute of . eliz. chap. . for the avoiding of contentious and seditious titles to the crown , it is enacted by the said statute , that he that shall declare the successor of the king , shall forfeit the moity of his goods , &c. so that the said offence , although it be seditious , is not treason by the common law , nor is made treason by the statute of . e. . nor by the statute of eliz. by the statute of eliz. chap. . he that speaks seditious or slanderous news of the queen , shall lose his ears , or pay l. and the second offence is made felony . the statute of eliz. chap. . 〈…〉 seditious sectaries , which absent themselves from the church ; they are to be punished l. by the month . out of all which statutes it may be collected , that the word [ sedition ] is taken variously , according to the subject in hand . and c. . lord cromwell's case [ seditious ] is referred to doctrine . there are offences more high in their nature than sedition , which were not treason , unlesse so declared by act of parliament . every rebellious act is sedition , yet if such acts be not within the statute of ed. . they are not treason . r. . chap. . insurrection of villains and others is not made treason , which proves , that before this act it was not treason . and this act of r. . is repealed by the statute of h. . by the statute of and e. . chap. . to assemble people to alter the lawes , is made treason , if they continue together an houre after proclamation made . this assembly of people was sedition at the common law ; and the very assembly , if they after dissolve upon proclamation made , is not treason by the said statute . by the statute of eliz. chap. . it is made felony , malitiously and rebelliously to hold from the queen any castles , &c. but because this relates not to the statute of e. . it is not treason . . it seems clearly , that this case is within the petition of right , in which magna charta , and the statutes of , and e. . are recited . the grievance there was , that divers have been imprisoned without any cause shewed , to which they might make answer according to the law. and upon this return , nothing appears to be objected to which he might answer . it appears not what that act , which is called sedition , was . this is the very grief intended to be remedied by this statute : to this he cannot answer according to law. it appears not whether this were a seditious act , trespasse , or slander , or what it was at all . the words are , — sedition against the king — this helps not , for every offence is against the king , against his crown and dignity ; that which disturbs the common-wealth is against the king , seditious doctrine is sedition against the king , as is before said . in h. . vide postrat . fol. . the lords and commons desire the king , that william de la pool may be committed for divers treasons , and sundry other heinous crimes ; and the petition held not good , because too generall : whereupon they exhibit particular articles against him . and therefore upon the whole matter he concluded and prayed , that mr. long might be discharged from his imprisonment . on another day , barckley and davenport , the kings sergeants , argued for the king , that this return was sufficient in law to detain them in prison . barckley began , and said , that the case is new , and of great weight and consequence , and yet under favour , the prerogative of the king , and the liberty of the subject , are not mainly touched therein ; for the case is not so generall as it hath been made , but particular upon this particular return . the liberty of the subject is a tender point , the right whereof is great , just , and inviolable . the prerogative of the king is an high point , to which every subject ought to submit . i intend not to make any discourse of the one or the other ; i will onely remember what the king hath determined upon them both , in his speech which he made upon the petition of right , to wit , that the peoples liberties strengthen the kings prerogative , and that the kings prerogative is to defend the peoples liberties . thi● 〈◊〉 settle the hearts of the people concerning their liberty the way which i intend to treat in my argument , is , to answer to the objections and reasons which have been made , and to give some reasons , whereby this return shall be sufficient . the objections which have been made are reducible to four heads . . by what the prisoner here shall be said to be committed and detained . . that this commitment is against the petition of right . . that the cause which is here returned , is generall and incertain . . that the offences mentioned in the return are but finable , and therefore notwithstanding them the party is bailable . for the first , it hath been objected , that the commitment here was by the lords of the privy councill , and the signification of this cause is by the king himself . but i say , that there is a further matter in the return ; for the lords of the councill do it by the command of the king , and they onely pursue this command . i will not dispute ▪ whether the lords of the councill have power to commit an offender or no , it is common in experience , h. . . poign●● case is expresse in it . and in the petition of right it is admitted , that they may commit . and this is not alledged there for a grievance , but the grievance there , was , because the particular charge of commitment was not shewed . some books have been objected to prove , that the king , though in person , cannot commit any person , h. . f. monstrance de faits . but the authority of that book vanisheth , if the case be put at large , which was in trespasse for cutting of trees . the defendant said , that the place where , &c is parcell of the mannor of d. whereof the king is seised in fee , and the king commands us to cut . and the opinion of the court was , that this is no plea , without shewing a specialty of the command of the king. and there the whole court saies , that if the king command me to arrest a man , whereby i arrest him , he shall have trespasse or imprisonment against me , although it be done in the presence of the king. that the following words are to be understood , as the principal case was of one command of the king by word , and then such command by word to arrest a man is void . and h. . . was objected , hussey saies , that markham said to king edw. . that he cannot arrest a man for suspition of treason or felony , because if he do wrong , the party cannot have his action . to this i say , that the book there is to be understood of a wrongfull arrest , for there is spoken of an action of false imprisonment ; and a wrongfull arrest cannot be made by the king. . it stands not with the dignity of the king to arrest any man ; c. . . the king makes a lease for years , rendring rent , with condition of re-entry for non-payment ; he shall take advantage of the condition without any demand ; and the reason there given , is , that a decorum and conveniency might be observed . so it is not befitting for the king in person to arrest any man , but the king may command another to do it . bracton lib. . de acquirendo rerum dominio , fol. . sayes , that the crown of the king is to do justice and judgment , and facere pacem , without which , the crown it self cannot subsist . severall constructions are to be made upon those severall words , — and the last words — facere pacem — imply , that the king hath a coercive power . britton f. . amongst the errata . the king said in person , because we are not sufficient in person to do every thing , we divide the charge into many parts . we are the peoples iustice , and a iustice implies one that hath power to do justice in every kind , to wit , by imprisonment , or otherwise . h. . . c. . . it is said , that the king is the chief iustice. and lambert in his justice of peace , fol. . saies , that in antient histories , the chief iustice of england is called , capitalis justicia & prima justicia , after the king , in england . so that the king hath the same power of iustice , as the chief iustice had . this imprisonment here , which is before conviction for any offen● , is not used towards the subject as imprisonment for any fault , but is rather an arrest or restraint to avoid further inconveniencies , h. . . a iustice of peace may arrest men riotously assembled , for prevention of further mischief . and the book also saies , that he may leave his servants there to arrest men , for safeguard of the peace . it is a case well known , that if a house be set on fire , every man may pull down the next house , for prevention of greater mischief ; so it seems concerning the incendiaries of the state , they ought to be restrained and supprest , lest others should be stirred up by them to the same combustion , ass . . and e. . . in false imprisonment the defendant justifies , because the plantiff was mad and out of his wits , and that he had done some harm , and that he had bound and beat him to avoid further harm , which might have happened by his madnesse : and the justification was held good . so it is in matter of government , to avoid commotions , the king ought to use his coercive power against those that are enraged the objection was , that this course was against the petition of right . but i answer , that this case is out of the words of that petition ; the words of the petition were , — whereas by the statute called , the great charter , and by the statute of e. . no free-man may be taken or imprisoned — yet against the tenour of the said statute , &c. divers of your subjects have of late been imprisoned , without any cause shewed ; and when for their deliverance , &c. they were brought before the iustices by writs of habeas corpus , there to undergo and receive as the court should order , and their keepers commanded to certifie the cause of their deteyner , and no cause was certified , but that they were detained by your majesties speciall command , signified by the lords of your council ; and yet were returned back to severall prisons , without being charged with any thing to which they might make answer according to law. these last words are observable , — without being charged with any thing , to which they might make answer — these words do not refer to the return of the habeas corpus , for the cause returned therein cannot be traversed , h. . . but the court took it as true . but the setting forth of the cause , and the answer to the same cause , is to be upon other proceedings , to wit , upon the indictment for the offence , or otherwise . and there is great difference between the return of a writ to which a man may answer , and the return of an habeas corpus . e. . & h. . . are , that if the sheriff return rescous , all certainties of every circumstance ought to be shewed , because it is fitting , that a thing certain be brought into judgment . and upon shewing of the grievance , as above , the petition is , that no free-man , in any such manner as before is mentioned , be imprisoned or detained , ( such ) and it hath relation to such imprisonment , which is mentioned in the premises . and imprisonment mentioned in the premises of the petition is , where no cause at all was mentioned ; then where any cause is shewed , is out of the petition , and that [ such ] is the word relative , appears by c. , . where many cases are put to the same purpose ; which see . the third objection was , that the return was generall and uncertain . the counsell on the other side had divided the words of the return , but that is to offer violence thereunto ; for an exposition shall not be made by fractions , but upon the whole matter . for the first words , — notable contempts — it hath been said , that the addition of the word [ notable ] is but to make a flourish : but i say , that [ notable ] is not the emphasis of the return , but it onely expresseth the nature of the offence ; and yet [ notable ] is a word observable by it self in the law , and implyes , that the thing is known and noted . by e. . sheriffs shall be punished , that let notorious offenders to bayl ; and by the statute of h. . chap. . a notorious or common thief shall not make his purgation : and e. . . in a trespasse for fals imprisonment , the defendant said , that the plantiff came into the town of huntington , and because he was seen in the company of r. de thorby , who was a notorious thief , he , as bailiff of huntington , took him upon suspition . i confesse , that — for contempts — is generall , yea it is genus generalissimum , and within the petition of right ; but the words are , — against our self — it hath been said , that this might be by irreverent words or gestures . — and our government — it hath been said , that this might be by contempt to the kings writ , or by retraxit , as beechers case is . to this i answer , that those words which are spoken to one purpose , ought not to be wrested to another ; and this is against the common meaning of the words , c. . thou art a murderer , the defendant shall not afterwards explain it to be a murderer of hares , for the highest murder is intended . so here , the highest government is intended . . it hath been objected , that — for stirring up of sedition against us — may perhaps be but an offence finable : but those words joyned with the former words , shew this to be an offence of the highest nature ; sedition is a speciall contempt . and although sedition in it self may be but a generall offence , yet here it is — sedition against us and our government — , which makes it particular . it hath been confessed by one that argued on the other side , that there is a generall in a particular . c. . hollands case , there is the most generall , and there is generall in particular , as the state ecclesiasticall . ly . there is more particular , as colledges , deans , and chapters . this being in a case of return upon habeas corpus . no precise certainty is required . in an indictment , a certainty of all circumstances is requisite ; in pleading , a certainty is required ; in coun●s , a more precise certainty ; in barrs , a certainty to a common intent is enough . there is not such precise certainty required here as in indictment or count , because the party ought to answer unto them ; nor so much certainty is required in this as in a bar. and the return is not incertain ; for , as it is said in plowden , . and . a thing is incertain , where it may be taken indifferently , one way or the other . but where the intendment the one way exceeds the intendment the other way , it is not uncertain , as it is here . the words are , — for notable contempts against us and our government , & for stirring up of sedition against us — here is certainty of intendment one way . there are many writs which are more uncertain th●● this return here is , & yet good . the writ concerning the taking of an apostate is general , quod spreto habitu ordinis ; and yet there are more sorts of apostasies . in the writ concerning the amoving of a leper , the words are generall , and yet it appears by f. n. b. that there are two kinds of lepers , one outward , and the other inward ; and for the latter the writ concerning amoving a leper . so the writs concerning the burning of an heretick , and concerning the examining of an idiot , are general ; and yet there are sundry kinds of hereticks and idiots also . but it hath been objected , that [ sedition ] is not a law-tearm nor known in the law , of which the iudges can take no notice ; but the words to expresse offences of this nature , are , murder , treason , felony ▪ &c. and that no indictment of sedition generally was ever seen . to this i answer , perhaps it is true , that no indictment was ever seen made , because the form of an indictment is precise , words of art are required therein , as appears in dyer . . c. . vaux's case ; yet in e. . dyer . . it is said , that furatus implies felonicè cepit , although the contrary hath been objected . in a return , words by periphrasis are sufficient . the warrant of a iustice of peace to apprehend i. s. because of prepensed malice , interfecit i. d. is good enough , although there wants the word murdravit . in r. . f. tryal . belknap saies , that a miscreant shall forfeit his land . out of which it may be gathered , that a man may be indicted for miscreancy . and it seems likewise , that an indictment of sedition may be good , for in some cases it is treason . i agree , peaks case , which hath been obiected , that for these words , [ seditious fellow ] no action lies ; and so is c. . . b. because those words do not import an act to be done , but onely an inclination to do it ; but if a man say such words of another , which import that he hath made sedition , they are actionable , as it was resolved in phillips & badby's case , eliz. c. . . a. thou hast made a seditious sermon , and moved the people to sedition this day , adjudged actionable . so in the lord cromwells , c. . , . the action would have lain for those words , you like of those that maintain sedition against the queens proceedings , if there had not been another matter in the case . i agree , the case of e. . sir john garboyls case , & . e. . for in those cases , sedition was only taken adjectively , and shewes an inclination onely to do a seditious act , & in such sense sedition may be applyed to other offences then treason . in e. . f. gard . . gardein in socage made feofment of land which he had in ward , this is forfeiture , saies the book , for the treason which he did to the ward ; so there , one thing is called treason , which is onely a breach of trust . in an appeal of mayhem , it is felonicè , and yet h. . . it is not felony : but felony is there onely put to expresse the hainousnesse of the offence , it is , as it were , a felony . the statutes of h. . mar. eliz. eliz. r. . . & e. . eliz. which have been objected , have the word [ sedition ] but not applyable to this case . bracton in his book , de corona , saies , si quis , &c. if any by rash attempt , plotting the kings death , should act , or cause any to act , to the sedition of the lord the king , or of his army , it is treason . and glanvil , in as many words , saies , that to do any thing in sedition of the kingdom , or of the army , is high-treason . and britton , fol. ; it is high treason to ●●herit the king of the realm , and sedition tendeth to the disheritance of the king ; for , as it hath been said , seditio est quasi seorsum-itio , when the people are severed from the king : or it is , seperans à ditione , when the people are severed from the power of the king. and in this sense , sedition is no stranger in our law ; and such sedition which severs the people from the king is treason . but it hath been objected , that by the statute of e. . the parliament ought onely to determine what is treason , what not . to this i answer , that upon the said statute , the positive law had alwaies made explication , and exposition , br. treason . the words are , compasse or imagine the death of the king ; and there it is taken , that he that malitiously deviseth how the king may come to death , by words , or otherwise , and does an act to explain it , as , in assaying harnesse , this is treason , eliz. dy. . story 's case , he being beyond-sea , practised with a forraign prince to invade the realm , and held treason , because invasion is to the perill of the prince , and so within the statute of e. . mar. dy. . the taking of the castle of scarborough was treason in stafford , by . ass . p. . which was presently after the making of the statute of e. . a man ought to have been hanged and drawn , that brought letters of excommengement from the pope , and published them in england : and it is to be noted , that at the same time , there was no statute to make it treason , but upon construction of the said statute of e. though now it be made treason by the statute of eliz. if it be with intention to advance forraigne power . perhaps the sedition mentioned in this return is high treason , and yet the king may make it an offence finable , for he may prosecute the offendor in what course he pleaseth ; and if it be treason , then the prisoners are not baylable , by the statute of westm. but , suppose that it is but a finable offence , yet by the said statute , those which are imprisoned for open and notorious naughtinesse shall not be bayled ; the same naughtinesse is there intended high and exorbitant offence ? . it is fit to restrain the prisoners of their liberty , that the common-wealth be not damnif●ed . it is lawfull to pull down a house , to prevent the spreading mischief of fire ; it is lawfull to restrain a furious man. and by the h. . a iustice of peace may restrain one rout . then the restraint of dangerous men to the common-wealth is justifiable and necessary , e. . . p. . sir thomas figet went armed in the palace , which was shewed to the kings councell ; wherefore he was taken and disarmed before the chief iustice , shard and committed to the prison , and he could not be bayled till the king sent his pleasure ; and yet it was shewed , that the lord of t. threatned him . out of which case i observe two things : first , that the iudge of this court did cause a man to be apprehended , upon complaint made to the council , that is , to the lords of the privy council . . that although he did nothing , he is not mayn-pernable untill the king sent his pleasure , because he was armed and furiously disposed . so here . uuherefore i pray , that the prisoners may be sent back again . davenport argued to the same intent and purpose , and therefore i will report his argument briefly . . he said , that the return here is sufficient . the counsell on the other side have made fractions of this return , and divided it into severall parts , whereas the genuine construction ought to have been made upon the entire return ; for no violence ought to be offered to the text. e. . . in false imprisonment , the defendant did iustifie , and alledged severall reasons of his justification ; to wit , because a man was killed , and that this was in the county of s. and that the common voice and fame was , that the plaintiff was culpable . and this was held a good plea , although bryan did there object , that the plea was double or treble ; and the reason was , because twenty causes of suspition make but one entire cause ; and indivisible unity in this ought not to be divided . so c. . . crogates . in an action of trespasse , the defendant justifies for severall causes ; and held good , because upon the matter , all of them make but one cause . c. . . it is said , that it is an unjust thing , unlesse the whole law be looked into , to judge and answer , by propounding any one particular thereof ; and if it be unjust in the exposition of a law , it is uncivill in a return to make fractions of it , in the construction thereof especially , it being a return for information , and not for accusation . . although the counsell on the other side have taken this case to be within the petition of right , yet this is petitio principii , to take that for granted which is the question in debate . he said , that he would not offer violence to the petition of right , to which the king had assented , and which shall really be performed . but the question here is , whether this return be within it ? and the iudges are keepers , not masters of this pledge ; and it seems , that this return is out of the letter and meaning of the said statute . . he said , that this was the actuall commitment of the lords of the privy councill , and the habituall or virtuall commitment of the king. but because upon these two matters he put no case , nor gave any reason , but what had been put or given in the argument of the grand habeas corpus , mich. caroli . and afterwards in the house of commons , which was reported to the lords in the painted chamber , ( all which arguments i heard ) i have here omitted them . and for the great respect which the law gives to the commands of the king , he put these cases , h. . attachment of waste against the tenant in dower , and the waste was assigned in the taking of fish out of a pond , and the carrying them away . the defendant pleaded , that her second husband , by the command of the lord the king , took all the fish out of the said pond to the use of the lord the king , and held a good justification ; which proves , that the command of the king there to her husband excused her of the said waste and yet it is clear , that tenant in dower is liable to an action of waste , for waste done in the time of her second husband : but contrary is it , where a woman is tenant for life , and took a husband , who made waste and dyed , no action lies against the wife for that waste . and f. n. b. . a. if the tenant in precipe at the grand cape makes default , the king may send a uurit to the iustices , rehearsing that he was in his service , &c. commanding them that that default be not prejudiciall to him ; and this command of the king excuseth his default , be the cause true or no. . for the particulars of the return , it is — for notable contempts against the government — but as to that it hath been said , that the king hath sundry governments , to wit , ecclesiasticall , politicall , &c. and it is not shewn , against which of them . this is but a cavilling exception ; they might as well have excepted to this return , because it is not shewen , that these contempts were after the last generall pardon ; that had been a better exception . the last words of the return are , — raising sedition against us — but as to this it hath been said , that seditio is not a word known in the law , and is alwaies taken either adverbially or adjectively , and is not a substantive . to this he said , that although it is not a substantive for the preservation , yet it is a substantive for the destruction of a kingdom . and he said , that he found the word [ seditio ] in the law , and the consequent of it likewise , which is , seductio populi . but it is not ever found to be taken in a good sense ; it is alwaies ranked and coupled with treason , rebellion , insurrection , or such like , as it appears by all those statutes which have been remembred on the other side . therefore he prayed likewise , that the prisoners might be sent back . trin. car. b. r. the first day of the term , upon habeas corpus to sir allen apsley the lieutenant of the tower , to bring here the body of john selden esq with the cause of detention . he returned the same cause as above ; and littleton , of counsell with him , moved , that the return was insufficient in substance ; therefore he prayed , that he might be bayled . it is true , that it is of great consequence , both to the crown of the king , and to the liberty of the subject . but , under favour , for the difficulty of law contained in it , the case cannot be said grand . in my argument , i will offer nothing to the court , but that which i have seen with these eyes , and that which in my understanding ( which is much subject to mistakes ) can receive no sufficient answer . i will divide my argument into four severall heads . . to point out those matters which i think unnecessary , and not conducible to the matter in question . . i will consider the warrant of the privy councill in this case . . the uuarrant of the king himself . . the objections which have been made by the contrary side , the strength of them , and give answer to them . for the first of these heads , . i will admit , that the king may commit a man. . that a man committed by the king is not replevisable by the sheriff , but he is baylable by this court , notwithstanding the statute of westm. c. . and that he shall not be baylable , is against the petition of right ; i will not dispute it , for it is established by the answer of the king to the said petition . and the arguments made to this purpose in the said parliament , and in the painted chamber before both the houses , are recorded in parliament , to which every one may resort . but i will lay as a ground of my following argument , that as offences are of two natures , capitall , or as trespasses ; so they are punished in two manners , to wit , capitally , or by fine or imprisonment . for the offences of the first nature , as treasons , and the like , imprisonment is imposed upon the offender , onely for custody ; but for misdemeanors of the second nature , imprisonment is imposed upon him for a punishment . then this is my ground , that no free-man that is imprisoned , onely for misdemeanours before conviction , may be detained in prison without bayle , if it be offered , unlesse it be in some particular cases , in which the contrary is ordained by any particular statute . . for the warrant of the privy councill , which signifies the pleasure of the king to commit the prisoner ; perhaps this was a good ground of the commitment , but it is no ground for the detaining of the prisoner without bail ; and this the king himself hath acknowledged as the antient right of the subject in the petition of right , wherefore it is not now to be disputed . . for the warrant of the king , as it is certified by this return , there is not any sufficient cause contained within it , for the detaining of the prisoner in prison ; for the law being , as i have declared above , that for a misdemeanour , before conviction , no free-man may be imprisoned before conviction , without bayl or mainprize , the sole question now is , if this return contain within it any capitall offence ; or if onely a trespasse or misdemeanour , and then the party is baylable : and for the disquisition hereof , i will consider the return , . as it is divided in severall parts ; . i will consider all those parts of it together . . as it is severed in parts . the first part of it , [ for notable contempts by him committed against our self and our government ] for [ contempts ] all contempts are against the king , mediately or immediately , and against his government . [ notable ] this is all one with notorious and manifest , as appears by the statute of westm. chap. . and e. . . which hath been remembered . and [ notable ] is but an emphaticall expression of the nature of the thing , and alters it not . [ against us ] all riots , routs , batteries , and trespasses , are against us , and against our crown and dignity ; contempt against any court of iustice , is a contempt against us. but if the return were made here , that he was committed for a contempt made in chancery , the party shall be bailed , as it was resolved in this court in michael apsley's case , and in ruswel's case , jac. for the return is too generall . c. . . in it , the nature of the offence ought to be expressed , that the court may iudge thereof . and [ contempts ] here is indilivi●luum vagum ; therefore for them , before conviction , the party cannot be imprisoned without bayl or mainprize . the second part of the return is , [ and for stirring up of sedition against us ] the other-side said , that [ seditio ] is ever taken in the worst sense . that is true . but hence it followes not , that the party that commits it is not baylable . every small offence is taken in the worst sense , as the stealing of an apple , and the like ; but such kind of offendors shall not be committed without bayl . to examine the nature of this offence , which is called [ sedition ] it ought to be understood , as this return is , either as trespasse , or as high treason , for it cannot be intended to be petty-treason ; for , petty-treason is so called , in respect of the offence done to any particular subject ; but in respect of the king , it is but as a felony , therefore the indictments for the same are , feloniously and traiterously . and here the words are , — sedition against us — so of necessity it ought to be intended of an offence , that more immediately concerns the king. for the discussing of this matter , first , i will consider in what sense and signification this word [ seditio ] is used . . how it shall be expounded here by the relation thereof to the king. . what sense these words [ against us ] shall have here . . for sedition ; it is not found in the division of offences in our law , but as it is mingled and coupled with other offences . no indictment of sedition onely was ever seen , nor can be shewen ; routs , riots , and unlawfull assemblies , are much of the same nature with it , and do well expresse the nature of sedition . the english word is drawn from the word [ seditio ] in latine , and the derivation of it is , as hath been observed , se-itio , or , seorsum-itio ; and the seditious ( as one saies ) take a diversion , and draw others : it is used in the bible , in poets , histories , and orators , for a tumult , or hurly-burly , or uprore , or confused noise , — seditioque recens dubioque susurro , in liv. lib. . cap. . and in tacitus it is taken for mutiny in an army , when the army is alwaies repining at the captain . in the italian language , which is the elder son of latine , sedition and discord is all one . numb . cap. . . the latine translation is , versi in seditione ; the english is , chode , or murmured . numb . . . the latine is , in seditione corah ; the english is , in the company of corah , numb . . . the latine is , nec fuit in seditione eorum ; the english is , in the company or assembly of them . judg. . . the latine translation is , facta est ergo seditio in ephraim ; the english translation is , the men of ephraim gathered themselves together . in the new testament , act. . . seditio in the latine is translated uprore , or meeting . act. . . facta est ergo seditio , &c. and it is translated dissention and disputation . act. . . tertullus the orator accuseth paul for moving sedition ; and the subsequent words are , a ring-leader of the sect of the pharisees ; so that his sedition there was but a schism : and the words there are in a manner the very same with ours here ; there it was , for moving ; here , for stirring of sedition . seditio , as an approved author , saies , imports , discordiam , to wit , when the members of one body fight one against another . the lord of st. albans , who was lately the lord chancellor of england , and was a lawyer , and great states-man likewise , and well knew the acceptation of this word [ sedition ] in our law , hath made an essay of sedition , and the title of the essay is , of seditions and tumults : the whole essay deserves the reading . and there is a prayer in the letany , — from sedition and heresie , &c. so that there sedition is taken as a kind of sect. this being the naturall signification of the word , then the next labour shall be to see , if any thing in our law crosse this exposition . and it seems clearly , that there is not . h. . cap. . and it is in the parliament-roll , numb . . against lollards , who at that time were taken as hereticks , saies , that such preachers which excite and stir up to sedition shall be convented before the ordinary , &c. there , sedition is taken for dissention and division in doctrine . and this is not made treason by the said statute , although the said statute be now repealed by the statute of h. . c. . and phil. & mar. c. . which is in rastall , newes . which is an act against seditious words and newes of the king and queen , which is a great misdemeanor ; and yet the punishment appointed to be inflicted by the said statute is but the pillory or a fine of l. and the said statute , by the statute of eliz. c. . was extended to her also , which statute now by her death is expired : which i pray may be observed , eliz. cap. . against those , who seditiously publish who are the true heirs of the crown , that they shal be imprisoned for a year , &c. and eliz. c. . the seditious bringing in of the pope's buls is made treason , which implies , that it was not so at the common law , eliz. c. . if any person shal devise , write or print any book , containing any fals , seditious , and slanderous matter , to the stirring up or moving of any rebellion , &c. every such offence shal be adjudged felony . and in an indictment upon the said statute , ( which see cook 's entries , f. . . ) there are the words — rebellionem & seditionem movere ; and yet it is but felony , eliz. c. . made against seditious sectaries . also there are certain books and authorities in law , which expresse the nature of this word sedition , c. . . the lord cromwell's case . in an action for those words , you like of those that maintain seditions against the queens proceedings , the defendant pleaded , that he intended the maintenance of a seditious sermon ; and this was adjudged a good plea and ●ustification . from which it followes , that the seditious sermon mentioned in the declaration , and the maintaining of sedition against the queen , is all of one signification ; for if they might have been taken in a different sense , the justification ; had not been good . phillips and badby's case , which is in c. . . a. which was objected by serjeant berkley , makes strongly for me ; for there an action upon the case was brought by a person , for those words , [ thou hast made a seditious sermon , and moved the people to sedition this day ] and although it were there adjudged that the action lay , yet the reason of the iudgment is observable , which was , because the words scandalize the plaintiff in his profession ; which imply , that if they had not scandalized him in his profession , no action would have lain . and ordinary words , if they scandalize a man in his profession , are actionable ; as to say to a iudge , that he is a corrupt man ; or to a merchant , that he is a bank-rupt ; although if they were spoken to another man , they would not bear an action . and although the book say , that no act followed there ; yet if the matter objected had been treason , the very will had been punishable , and , by consequence , a great slander . but it is observed , that words which imply an inclination onely to sedition , are not actionable , as , seditious knave ; but inclination to treason is treason , therefore words which imply it are actionable . and also for divers words , an action upon the case will lye , which induce not treason or felony ; as , for calling a woman whore , by which she loseth her marriage , and such like . then sedition is no offence in it self , but the aggravation of an offence ; and no indictment ( as i have said afore ) was ever seen of this singly by it self . tr. . e. . roll . . sir john garbut's case , which was put before by mason , the indictment was in prejudice of his crown , and in manifest sedition , and yet the offence there was but a robbery . it is true , that upon his arraignment he stood mute , therefore the roll is , that he was put to penance , that is , so strong and hard pain ; and this proves , that it was not treason ; for if a man arraigned of treason stand mute , yet the usuall judgment of treason shall be given on him . and it is true also , that he cannot have his clergy , because insidiator viarum was in the indictment ; which if it was , outs the party of his clergy , untill the statute of h. . c. . as is observed in c. . poulter's case . and upon the same roll of e. . there are four other indictments of the same nature , where [ seditiosè ] is contained in them . anno , queen elizabeth sent a letter ( which i have seen by the hands of the noble antiquary , sir robert cotton ) to the maior of london , for the suppressing of divers seditious libels , which were published against her princely government ; and yet in the conclusion of the letter it appears , that they were onely against the earl of leicester , and this was to be published onely by proclamation in london . h. . numb . . and . the earl of northumberland preferred a petition to the king in parliament , in which he confesseth , that he had not kept his majesties laws as a liege subject ; and also confesseth the gathering of power , and the giving of liveries : wherefore he petitioned the worship of the king ( for so are the words ) for his grace . the king , upon this petition , demanded the opinion of the lords of parliament , and of the iudges assistant , if any thing contained within the said petition were treason , or no ; and it was resolved by them all , that nothing as it is mentioned in the said petition was treason , but great misdemeanors ; and yet truly , though not fully there mentioned , it was a great rebellion and insurrection . but they adjudged according to the said petition , as you are now to judge upon the return , as it is made here . in mich. cawdry's case , sedition and schism were described , as schism is a separation from the unity of the church , so sedition is a separation from the unity of the common-wealth . and an author saies , that a seditious person differs from a schismatick , because the one opposeth the spirituall truth , the other the temporall : and as schism of it self is not heresie , so sedition without other adjuncts is not treason . bracton f. , , . hath been objected , that he makes sedition treason : i will grant to them , hengham also , who is to the same purpose ; for in those books it is called , seditio regis & regni . to them i answer , . that they are obscure . for , what signifies seditio regis , or tumultus regis ? shall it be the same thing in sense with seditio contra regem ? it seems , that the said authors neither remember law nor language . . although they reckon sedition amongst the crimes lesae majestatis , yet that is not to be regarded , for they are obsolete authors , and are not esteemed as authors in our law , as it is in pl. . and c. . . but they may be used for ornament , and they are good marks to shew to us , how the law was then taken , but not to declare how the law is at this day ; they are no binding authority ; and if they be , yet we have them of our side likewise : for in his book glanvill saies , that a man accused of such a crime shall be bayled , and that the accuser shall give pledges . and bracton saies , that if no accuser appears , they shall be set at liberty . and hengham reckons amongst the crimes laesae majestatis , the breach of the peace , and so does glanvil also . fleta , who was a follower of bracton , and transscribes much verbatim out of him , calls sedition , seductionem of the lord the king. and edw. . the statute of rutland , which prescribes lawes for wales , enacts , that the sheriff shall enquire in his turn , de seductoribus domini regis ; and it is not apparent , whether he intend those which seduce the king , or his people . and in latter times , seditio is called sedutio . in the time of henry the seventh , the earl of northumberland being a great and potent peer , and the king standing in awe of him , caused him , with twenty four others of great quality , to enter in an obligation of twenty thousand pound ( which obligation is in the hands of sir robert cotton ) unto him , that if the said earl knew treason , sedution , losse , &c. to be intended to the king , that he should reveal it . . also , crimen laesae majestatis , which is the phrase of the civill-law , is more generall then treason ; and the old authors , which have been cited much follow the civill-law , which hath this expression ; and sedition by the civill-law is treason . but it was resolved , r. . n. . we are not governed by the civill-law . and the mirrour of justices , the principall copy whereof is in benet-colledge library in cambridge , and there is also a copy in lincolns-inne library ) nor britton in his book , who writ in the name of the king , have not the word seditio in them . and i affirm confidently , that there cannot be shewen any record , book , or statute , after the making of the statute of edw. . in which seditio is taken as a capitall offence . and yet the mirrour of iustices reckons up severall kinds of treasons , which he divides into treasons against the celestiall or terrestriall majesty ; against the celestiall majesty , as schism , heresie , miscrea●●y , ( and according to this , the book of r. . tryall is to be understood , which saies , that a miscreant shall forfeit his lands , because it is a kind of treason ) . and also he shewes divers treasons against the king , as , the deflouring of the kings eldest daughter , &c. but not a word of sedition . but admit , that sedition imports a greater offence than tumult , yet there is no colour to say , that it is treason ; for , edw. . is a flat barre ( that i may use the inner-temple phrase ) to any thing to be treason , which is not contained in it , unlesse it be made treason by any speciall act afterwards , and edw. . does not make it treason . stamford cites glanvill , and bracton , and other antient books , to shew what , was treason before the said statute , and what not : and be saies , that it was a great doubt what shall be said treason ; saving that all agree , that any thing that tends to the death of the king was treason . ly . now examine the words , — against us — those words make not the crime more heinous , as the case is . i agree , that if the words had been — sedition to take away the life of the king — it would have been treason ; yea , the very thought of treason is treason , ( though none can judge thereof till it be produced in act ) h. . . b. by newton , jac. b. r. john owen's case , the writing of a letter , whereby he intended the death of the king , was treason ; but it is not expressed , that the raising of this sedition was with such intent , whereby this differs from all the cases which can be put , in which there is such an intent of the death of the king. also this , raising of sedition against us , shall not be intended treason ; for if it had been so , the king would have so exprest it by the word treason : for , as in his gracious disposition , he will not extend a fault beyond the magnitude thereof , so he will give to every offence the true and genuine name . if the return had been , — against our person — it had been more certain , that it concerned the king immediately ; this , may be against any point of his government . and the proper and naturall signification of the words , — against us — is as much as , against our authority , our superintendency , against our peace , crown , and dignity , which are the usuall words in every indictment of felony . every breach of the peace is against the king. the usuall return upon every ordinary writ out of this court , is , that the party be before us ; and contempt to this court is , contempt against us , and it is in the nature of sedition to the king. contempts to the court of star-chamber , are contempts against us ; and upon them , commissions of rebellion issue ; and if the parties are brought in upon such commissions , yet they are baylable untill their conviction . the king styles himself , us , in writs ; and every disobedience to any writ may be said , sedition against us. routs , riots , illoyall assemblies , may well be said and called , sedition against us : and for such offences , a man shall not be restrained of his liberty upon an [ it may be ] such a return is necessary , by which the court may be truly informed of the offence . for the writ of habeas corpus is , to submit and receive what the court shall ordain . and this return of this nature is not to be compared to writs which are generall , and make a brief narration of the matter , and are pursued and explained by subsequent declarations . and yet i urge not , that the return ought to be as certain as an indictment ; for an indictment of murder is not good , if it lack the word murdravit . but the return upon an habeas corpus , q. d. interfecit i. s. upon prepensed malice , is good ; for the nature of the thing is expressed , although the formall word be wanting ; but out of the return , the substance of the offence ought alwaies to appear , which appears not here . but it hath been said by the other side , that , let the cause in the return be as it will , yet is it not traversable , h. . . and i confesse it . but as c. . james baggs case is , the return ought to have certainty so much in it , that , if it be false , the party grieved may have his action upon the case . and the grievance complained of in the petition of right is , that upon such return no cause was certified , that is , no such cause upon which any indictment might be drawn up ; for we never understand , that the party shall be tryed upon the habeas corpus , but that upon the matter contained within it , and indictment shall be made , and he shall have his tryall upon it . and yet it is clear , and it hath been agreed of all hands , in the argument of the grand habeas corpus , mich. . car. in this court , that if the cause be certified upon the return of the habeas corpus , that the court may judge of the legality of that cause . . consider the parts of this return , as they are coupled together , — for notable contempts by him committed against our self and our government , and for stirring of sedition against us — upon the entire return , the king joynes sedition with notable contempts , so that it is as much as if he had said , that sedition is one of the notable contempts mentioned in the first part of the return , so that he makes it but a contempt . for the generality and incertainty of the return , i refer my self to the cases put by mr. ask , and i will not waive any of them . true it is , if the return had been , that it was for treason , he had not been bailable but by the discretion of the court , and such return would have been good ; but it is not so of sedition . gard. . treason is applyed to a petty offence , to the breach of trust by a guardian in socage ; but it is not treason . and so sedition is of far lesse nature then treason , and is oftentimes taken of a trespasse ; it is not treason of it self , nor seditiosè was never used in an indictment of treason . it was not treason before the of edw. . nor can it be treason ; for e. . is a flat barre ( as i have said before ) to all other offences to be treason , which are not contained within the said act , or declared by any statute afterwards . and there are offences which are more heinous in their nature then sedition is , which are not treason , as insurrections , &c. which see in the statute h. . cap. . h. . cap. . h. . cap. . r. . cap. . r. . cap. . and by and e. . cap. . the assembly of twelve persons to attempt the alteration of any law , and the continuance together by the space of an hour , being commanded to return , is made treason ; which act was continued by the statute of mar. cap. . and eliz. cap. . but now is expired by her death , and is not now in force , ( although the contrary be conceived by some ) which i pray may be well observed . by the statute of eliz. cap. . rebellious taking of the castles of the king is made treason , if they be not delivered &c. which shewes clearly , that such taking of castles in its nature was not treason . but the said statute is now expired ; and also all statutes , creating new treasons , are now repealed . but , for a conclusion of this part of my argument , i will cite a case , which , i think expresse , in the point , or more strong then the case in question . and it was m. . e. . roll . . b. r. peter russells case ; he was committed to prison by the deputy-iustice of north-wales , because he was accused by one william solyman of sedition , and other things touching the king : and hereupon a commission issued out of the chancery , to enquire , if the said peter russell behaved himselfe well or seditiously against the king , and by the inquisition it was found , that he behaved himself well . and upon an habeas corpus out of this court , his body was returned , but no cause . but the said inquisition was brought hither out of chancery , and for that no cause of his caption was returned , he prayed delivery ; but the court would not deliver him , till it knew the cause of his commitment : therefore ( taking no regard of the said inquisition ) they now send a writ to the now iustice of wales , to certifie the cause of his commitment . and thereupon he made this return , that the foresaid peter russell was taken , because one william solyman charged him , that he had committed divers seditions against the lord the king ; and for that cause he was detained , and for no other . and because the return mentions not what sedition in speciall , he was bayled , but not discharged . and i desire the baylment of the prisoner onely , and not his deliverance . i desire that the case be well observed . in the said case , there was an actuall sedition against the king ; here is onely a stirring up of sedition . the words of the said award are , videtur curiae ; which are the solemn words of a iudgment , given upon great deliberation . there it was , — for other things concerning us — this is all one as if it had said , — for other things against us — concerning the king , and , against the king , are all one , as appears by e. . c. . de clero , stamf. . westm. . c. . bracton , f. . eliz. c. . and the words of the iudgment in the said case , were not , — dimittitur — but , — ideò dimittendus — which imply the right of the party to be bayled . the said case in some things was more particular then our case , and more strong ; for , there was an accuser to boot , which wants in our case . there , true it is , that he was committed by the iustice of wales , and here by the king himself ; but this makes no difference , as to this court : for , be the commitment by the king himself , or by any other , if it be not upon just cause , the party may be bayled in this court. and for the inquisition , which is mentioned , it was no tryall in the case ; nor did the court give any regard thereto . to detain the prisoner by the command of the king singly , is against the petition of right ; but it being coupled with the cause , the cause is to be considered , and the truth of the cause is to be intended , as well where it is mentioned , to be by an inferiour iudge , as where by the king himself , for it is traversable neither in the one nor other . and h. . roll . . b. r. and h. roll . . harrisons case resolv'd , that a man committed by the command of the king , is baylable . and eliz. it was resolved by all the iustices of england , which i have viewed in chief iustice andersons book , under his own hand , and it was produced in parliament , that all men committed by the privy councill are baylable , if the commitment be not for high treason . in all cases of commitment , an accuser is understood . suppose that the accusation mentioned in russel's case of sedition , had been an accusation of treason , then the iudges ought not to have bayled him of right , and no man will say , but that the said accusation was a good cause to commit him . but the discovery of the offence ought to be afterward in an indictment . fourthly , i come to the objections which have been made on the contrary . st . it was objected , that this was a case of great consequence . i confesse it , but this consequence is not to the king ; for if it be truly treason , then they might have returned treason , and then the party was not to be bayled of right , till there should be a failer of prosecution ; as was lately in melvins case , who was bailed for lack of prosecution , the return being for high treason . ly . it was objected , that there can be no conviction , as this case is , therefore there ought to be coercive power to restrain the prisoner . this is strange newes to me , that there shall be any offence , for which a man cannot be convict . and if there can be no conviction , it hence followes , that there is no offence ; and if there be no offence , there ought by consequence to be no imprisonment . ly . the case of h. . . hath been objected , that a iustice of peace may commit rioters , without bayl . i confesse it , for this is by force of a statute which ordains it . ly . it hath been objected , that if a house be on fire , it is lawfull to pull down the neighbours house , for the prevention of further mischief ; and the cases of ass . and e. . that every man may justifie the coercion of a mad-man . i answer , that these cases are true , for of necessity , and no other evasion : but here , bayl is proffered , which is body for body . fire is swift , and cannot be punished , and no caution can be obtained thereof . but observe the true inference and consequence of this argument , if my house be on fire , my neighbours house must be pulled down ; mr selden is seditious , ergo , mr. herbert his neighbour must be imprisoned . ly . it hath been objected out of br. treason , . mar. that the said statute of e. . is taken largely , and that the detaining of a castle or fortresse is treason . to this i answer , that the bare detaining of a castle is not treason , unlesse it be with intention of the death of the king ; but the taking of a castle is treason . and the case there meant by brook is constables case , dy. . and i confesse , eliz. dy. . doctor story 's case , that conspiracy to invade the kingdom , is treason ; for this cannot be without great danger of the death of the king ; for , — arma tenenti , omnia dat qui justa negat — and all those indictments were , that they intended the death of the king , but no such intention is expressed here . ly . it hath been objected , that this case is out of the petition of right , because in this return there is a cause shewed . but the grievance whereupon the petition of right was framed , was , where no cause was returned . it is true , that the grievance goes no further , but where no cause was returned , for , that was the grievance at that time . but the words of the petition of right are further , — without being charged with any thing , to which they might make answer by the law — which implies , that such cause ought to be contained in the return , which being put into an indictment , the party may have his answer thereto . ly . it was objected , that the return shall not be construed and expounded by fractions . i answer , that we need not make such an exposition ; for the joynt-construction thereof makes more for us , then the severall , as is shewed before . ly . that a generall return is sufficient , and it need not have tearms of art in it , as an indictment ought to have . for answer , i confesse it ; but i affirm , as above , that a return ought to be so particular , that the nature of the offence ought to appear out of it : and it is not to be compared to generall writs , as , apostatâ capiendo , idiota examinando , leproso amovendo , and the like : for those writs are good enough , because they contain the very matter . and although it hath been said , that there are two kinds of lepers , yet i never heard but of one . and the writ , de haeretico comburendo , is generall , and good , because it is but a writ of execution upon a iudgment , given by the spirituall power . but because they might not meddle with the blood of any man , the execution is by the secular power . ly . it hath been objected out of ass . p. . that the king would have one drawn and hanged , for bringing in into england the buls of the pope . but the book answers it self , for he was not drawn and hanged . ly . the statute of westm. . cap. . was objected . but as oft as that statute is objected , i will alwaies cry out , the petition of right , the petition of right ! as the king of france cryed out nothing but france , france ! when all the severall dominions of the king of spain were objected to him . ly . a curious distinction hath been taken by serjeant davenport , between stirring to sedition , and stirring up sedition ; for the first implies an inclination onely to do it , the second implies an act done . but this is too nice , for if a man stir up sedition , or to sedition , if it be with intention of the death of the king , the one and the other is treason . ly . the opinion of fortescue in h. . . b. hath been objected , that for an offence done to the court , a man may be committed before conviction . to this i answer , st . that the book does not say , that he shall be committed without bayl . ly . the offence being done in face of the court , the very view of the court is a conviction in law. ly . there was objected the of e. . . sir fitchet's case , who , for going armed in the palace , was committed by this court , without bayl or mainprize ; which seems to be the strongest and hardest case that hath been objected . but the answer to it is clear , and undeniable , for the statute of e. . c. . is , that if any one come armed before the iustices , he shall forfeit his armour , and shall be imprisoned during the kings pleasure ; so that by the expresse purview of the statute , such a man is not baylable . so my conclusion remains firm , notwithstanding any of those objections , that the prisoner here being committed before conviction of any offence , ( it being not possible to understand this offence treason ) is baylable . and that he is baylable here , i will offer two other reasons : st . the return here is for sedition ; and there is an information in the star-chamber against the prisoner , for seditious practises against the king and his government . i will not affirm , that they are the same offence , but there is some probability that they are the self-same ; and if they be the same offence , then the sedition here intended is not treason , and so the party is baylable . ly . this prisoner was ready at this bar the last term , and here was a grand-iury at bar the last term , and here was the kings counsell present , who are most watchfull for the king ; and yet an indictment was not preferred to them against this prisoner . which things induce me to be of opinion , that the offence here mentioned in this return is not treason , or so great as is pretended on the other side . i will remember one case which perhaps may be objected , ( and yet i think they will not object it ) and so conclude , r. . parliament roll . in the printed statute , c. . and . where it appears , that divers questions were propounded by the king to tresilian and bealknap , the two chief iustices , and to the other iustices : one of which questions was , how they are to be punished , who resisted the king in exercising his royall power , & c ? and the answer of the iudges was , una voce , that they are to be punished as traitors ; and r. . c. . this opinion was confirmed . but afterwards in h. . c. . and . and h. . in the parliament-roll , numb . , the iudges were questioned for their opinion , in parliament . they answered , that they were threatned and enforced to give this opinion , and that they were in truth of the contrary opinion . and bealknap said , that he acquainted and protested to the earl of kent aforehand , that his opinion was alwaies to the contrary . but the parliament was not content with these excuses , but they were all adjudged traitors ; and tresilian's end is known to all , and bealknap was banished ; for his wife in h. . brought a writ , without naming her husband , because he was banished . and the said statute of r. . was repealed . therefore upon the whole matter i conclude , that the prisoner ought to be bayled . on the same day , sir miles hubbart , and benjamin valentine , and densill hollis esquires , were at bar , upon an habeas corpus directed to the severall prisons ; and their counsell was ready at the bar to have argued the case for them also : but because the same return was made as above , they said , that all of them would rely upon this argument made by mr. littleton . the case of the grand habeas corpus for mr. selden and others , was now argued by heath , the kings atturney generall , that this return was good , and that the parties ought not to be bayled : and that within the return there appears good cause of their commitment , and of their detaining also . the case is great in expectation and consequence : and concerns the liberty of the subject on the one part , whereof the argument is plausible ; and on the other part it concerns the safety and soveraignty of the king , which is a thing of great weight . the consideration of both pertaines to you the iudges , without slighting the one , or too much elevating the other . the return , which now is before you , is entire ; but i will first consider it as divided in parts . first , the first warrant , which is that of the lords of the privy councill , is generall , that it was by the command of the lord the king : and this in former times was held a very good return , when due respect and reverence was given to government ; but , tempora mutantur . and this return is no way weakened by any latter opinion ; for notwithstanding that the first commitment of a man may be generall : for if upon the return , the true cause should be revealed to the gaoler , by this means , faults should be published and divulged before their punishment , and so the complices of the fact will escape ; and it is not fit that the gaoler , which is but a ministeriall officer , should be acquainted with the secrets of the cause . but when the cause is returned in court , more certainty is requisite ; for then ( as it hath been objected ) something ought to be expressed to which the party may answer , and upon which the court may ground their iudgment . and to this purpose , it hath been much insisted upon the petition of right ; but the law is not altered by it , but remains as it was before . and this will appear upon the view of all the parts of the petition . st . the occasion of the petition , and the grievance is shewed in these words , divers of your subjects have been of late imprisoned , without any cause shewed , &c. but in this return there is a cause shewed , to which the parties may answer . then secondly , the prayer of the petition is , that no free-man , in any such manner as before is mentioned , be imprisoned or detained ; that is , such manner of imprisonment , the ground whereof doth not appear . then the answer of the king to the petition was in sundry words , jun. . in these words , the king willeth , that right be done according to the lawes and customes of the realm , &c. which answer gave not satisfaction . and afterwards his answer was in a parliamentary-phrase , soit droit fait come est desire . but afterwards on the of june , . the king expressed his intention and meaning in the said answer . it must needs be conceived , that i have granted no new , but onely confirmed the antient liberties of my subjects , &c. a petition in parliament is not a law , yet it is for the honour and dignity of the king , to observe and keep it faithfully ; but it is the duty of the people not to stretch it , beyond the words and intention of the king. and no other construction can be made of the petition , then to take it as a confirmation of the antient liberties and rights of the subjects . so that now the case remains in the same quality and degree , as it was before the petition . therefore we will now consider , how the law was taken before the petition , and for the discussing thereof , we will examine the second part of the return , and in it two things , st . if the return , as it is now made , shall be intended for true : . admit that it is true , if there be any offence contained within it , which is good to detain the prisoners . for the first , it is clear , that the cause shall be intended true which is returned , though in truth it be false ; and so are h. . . and f. corpus cum causa , . and c. . baggs case . ly . it seems , that there is such a crime contained in this return which is a good cause for detaining the prisoners . it is true , that it was confidently urged in parliament , in tertio caroli , that generall returns , that were committed by the command of the lord the king , are not good ; and that those arguments remain as monuments on record , in the upper house of parliament ; but i will not admit them for law. but i will remember what was the opinion of former times , h. . . by newton , a man committed by the command of the king , is not replevisable . and the opinion cannot be intended of a replevin made by the sheriff , because the principall case there is upon a return in this court. h. . . poyning's case , where the return was , that he was committed by the lords of the councill , and it was admitted good . it is true , that this opinion is grounded upon westm. . cap. . but i will not insist upon it . but the constant opinion hath alwaies been , that a man committed by the command of the king , is not baylable . in h. . . it is said , that if one be taken upon the kings suit , the court will not grant a supersedeas . the contrary opinion is grounded upon magna charta , which is a generall law , and literally hath no sense to that purpose ; and it is contrary to the usuall practise in criminall causes , in which the imprisonment is alwaies lawfull untill the tryall , although it be made by a iustice of peace , or constable . and that a man committed by the command of the king , or privy councill , is not baylable , he cited jacobi , sir brocket's case . jac. sir cesar's case . . demetrius's case . rinch's case . and in the case m. eliz. and and thimelby's case . and said , that there are innumerable presidents to this purpose . m. and eliz. upon the return of an habeas corpus it appears , that michael page was committed by the command of the lord the king , but was not delivered ; and after was arraigned in this court , and lost his hand . and at the same time , stubbs was committed by the command of the lord the king , for seditious words and rumors , and he lost his hand also upon the same tryall . m. and . eliz. upon habeas corpus for john loan , it was returned , that he was committed for divulging sundry seditious writings , and he was remanded . and h. roll . . rugs case ; and roll . . chase's case , where the return was , that they were committed by the command of the lord the king , and they were not delivered ; and this was also the opinion in this court , m. . car. and after the said time the law is not altered , and so i hope neither are your opinions . but to consider the particular cause mentioned in the return , i will not rely upon the first part of the words , although they be of great weight , but onely upon the last words , — for stirring up of sedition against us — but it hath been objected , that sedition is not a word known in the law : but i marvell , that the signification of the word is not understood , when it is joyned with the words — agains us — this ought to be understood , sedition against the king , in his politick capacity . [ sedition ] hath sundry acceptations , according to the subject handled , as it appears c. . lord cromwel's case , which hath been cited . if it be spoken of a man , that he is seditious ; if it be of a company in london , it shall be understood sedition in the company ; if it be spoken of a souldier , it shall be taken for mutinous . mr. littleton , who argued this case very well , said , that tacitus useth this word , and it is true ; and he saies , that there are two manners of seditions , seditio armata , & togata ; and the last is more dangerous then the former . but couple it with the subsequent words here , [ against us ] the interpretation and sense thereof is easie , & loquendum ut vulgus . mr. littleton shewes the acceptation of this word in divers places of scripture , and i will not reject them , for they make for me : numb . . the latine is , — populi versi sunt in seditionem ; and it is englished — murmuring — but clearly it was high treason against their governour , and god himselfe . numb . . in seditione corah — it is manifest , that that was a great insurrection . judg. . facta est ergo seditio in ephraim , the ephramites rose against jephta ; and he at the same time was their iudge and governour , so it was the heighth of insurrection . it is true , that in act. . facta est seditio ; and in some translations it is , orta est repughantia non parva , for it may be taken in severall senses . acts . the town-clerk there knew not how to answer for this daies sedition , or insurrection ; and no doubt he was in great perill , for it was a great insurrection ; and i wish the greater ones were as circumspect as he was . act. . tertullus accused paul of sedition , and doubtlesse it was conceived a great offence , if you consider the time and other circumstances , for they were heathens and romans . and although he in very truth taught the gospell of god , yet he was taken for a pestilent fellow , and as a perswader to shake off government . bracton lib. . de corona , c. . rancks sedition amongst the crimes laesae majestatis . but it hath been objected , that if it be a capitall offence , it ought to be felony or treason . to this i say , that it cannot be felony , but it may be treason , for any thing that appears . it is true , that by the statute of e. . treasons are declared , and nothing shall be said treason , which is not comprised within the said statute , unlesse it be declared so by act of parliament . but upon indictment of treason , such sedition as this may be given in evidence , and perhaps will prove treason . and the return is not , that he was seditious , which shewes onely an inclination ; but that he stirred up sedition , which may be treason , if the evidence will bear it . in divers acts of parliament , notice is taken of this word [ seditio ] and it is alwaies coupled with insurrection or rebellion , as appears by the statutes of r. . c. . r. . c. . h. . c. . h. . c. . & . e. . c. . r. . c. . and phil. & mar. c. . eliz. c. . eliz. c. . eliz. c. . eliz. c. . and eliz. c. . all which were cited before , and they prove , that [ sedition ] is a word well known in the law , and of dangerous consequence , and which cannot be expounded in good sense . wherefore the nature of the offence , i leave it to the court. but out of these statutes it appears , that there is a narrow difference between it and treason , if there be any at all . ly . as to the objections which have been made , i will give a short answer to them . . it was objected , that every imprisonment is either for custody or punishment , the last is alwaies after the judgment given for the offence ; and if it be but for custody , the party upon tender of sufficient mainpernors is baylable . i confesse , that this difference is true , but not in all respects ; for i deny , that a man is alwaies baylable , when imprisonment is imposed upon him for custody : for , imprisonment is for two intents , the one is , that the party which had offended should not avoid the judgment of law ; the second is , that he shall not do harm in the interim during his tryall ; and the law is carefull in this point . but it hath been said , that although the party be bayled , yet he is imprisoned . i deny that , for so is h. . . if the party come not at the day , the bayl shall be imprisoned ; but yet the bayl shall not suffer the same punishment which ought to have been inflicted upon the party ; as if it were for treason , the bayl shall not answer for the fault , but onely for the body . serjeant berkley did well call a seditious man an incendiary to the government ; and , as commune incendium , is to be restrained of his liberty . and he put e. . and . ass . . that a mad-man may be restrained , to prevent the hurt he would otherwise do himself and others . a seditious man is as a mad-man in the publick state of the common-wealth , and therefore ought to be restrained . and it appears by the writ , de leproso amovendo , that a leper is to be removed , and in a manner imprisoned , for the contagion of the disease ; and this is for the safeguard of others , lest his leprosy infect others . the application is easie . and by the statute of jac. c. . is restrained to keep within doors ; & if he go abroad , any man may iustifie the killing of him . the infection of sedition is as dangerous , as any of these diseases , therefore it is not safe to let seditious men to bayl , or at libertyty , & in dangerous cases , the wisest way is , to make all safe . in all cases of this nature , much is left to the discretion of the court. the case of m. e. . roll . . russell hath been objected , to be in the point ; i have viewed the record of that case , and although it be verbally , yet it is not materially to this purpose ; for the commitment was by a iustice of north wales , upon the accusation of an accuser ; and it was within a short time after the statute of e. . by which it was ordained , that none should be imprisoned upon the accusation of one accuser : but here the detainment is by the king himself , for stirring up of sedition . and there the return was , that he was accused of seditions and undecencies , where the latter word doth qualifie the former . and there issued a writ of good behaviour , ( as the use was ) to enquire of the truth of the offence ; and it was found , that there was no such offence : and then upon the same return again he was set at liberty ; so that the case there was speciall , and the manner of proceedings speciall . and i desire , that one thing may be observed , that russell came in here upon the habeas corpus , sept. but was not delilivered untill hillary term following . and for h. . the duke of suffolk's case which was objected , that the generall accusation of divers treasons was not legall . that is true , because it was in parliament , and in the nature of an accusation ; and being in a court of iustice , it had been unjust to condemn a man before his tryall ; and yet this court , upon probability of a fault , doth oft-times restrain a man before conviction . but it hath been objected in this case , they have been a long time imprisoned , and no proceedings against them , it is well known , that there have been some proceedings against them . and they declined them ; and also more then three months is requisite for the preparation of such proceedings , and the king intends to proceed against them in convenient time . and some that were offendors in the same kind are already delivered , to wit , mr. coryton , and sir peter hayman . therefore if any injury be done to the prisoners , they themselves are the cause of it , for not submitting themselves to the king. and for the instance which mr. littleton used of the iudges in r. . although they suffered for their opinions given to the king , i desire , that the time when their opinion was delivered may be considered , to wit , in the time of r. . and the time when they suffered , to wit , in the time of h. . and it was the saying of a noble gentleman , the lord egerton , that bealknap suffered rather by the potency of his enemies , then the greatnesse of his offence : and yet it is to be confessed , that they might have given better counsell ; but there was no time to dispute of the justnesse of their counsell , when the sword was in the hands of the conquerour . it hath been relyed upon the resolution of all the iustices of england in eliz , which resolution is now registred in the upper house of parliament , at the request of the commons , in tertio caroli regis ; but i leave it to you , as that resolution shall sway your judgments . the said resolution is , that the cause ought to be certified in the generality or specialty ; and here the generall cause is certified at least , if the special be not so ; upon the whole matter , the baylment of these prisoners is left to your discretion ; and i have shewed to you the discretion of your predecessors . and if any danger appear to you in their baylment , i am confident that ye wil not bayl them , if any danger may ensue ; but first ye are to consult with the king , and he will shew you where the danger rests . therefore upon the whole matter i pray , that they be remanded . when the court was ready to have delivered their opinions in the grand habeas corpus for mr. selden and others , the prisoners were not brought to the bar , according to the rule of the court ; therefore proclamation was made , for the keepers of the severall prisons , to bring in their prisoners ; but none of them appeared but the marshall of the kings bench , who said , that mr. stroud that was in his custody , was removed yesterday , and put in the tower of london by the kings own warrant ; and so it was done with the other prisoners ; each of them was removed out of his prison , in which he was before . but , this notwithstanding , it was prayed by the counsell of the prisoners , that the court would deliver their opinion for the matter in law. but the court refused to do that , because it is to no purpose ; for , the prisoners being absent , they could not be bayled , delivered , or remanded . note , the last day of the term , a letter came to the court from the king himself ; the effect whereof was , to inform the court of the reasons , wherefore the prisoners were not suffered to come at the day appointed , for the resolution of the iudges . mich. car. b. r. the case of the grand habeas corpus for mr. selden and others , was now moved by mason to have the resolution of the iudges ; and the court with one voice said , that they are now content that they shall be bailed ; but that they ought to find sureties also for the good behaviour . and jones iustice said , that so it was done in the case which had been often remembered to another purpose , to wit , russell's case in e. . to which mr. selden answered , ( with whom all the other prisoners agreed in opinion ) that they have the sureties ready for the bayl , but not for the good behaviour ; and desire that the bayl might first be accepted , and that they be not urged to the other . sir robert heath , the kings atturney-generall , exhibited information in this court against sir john eliot knight ; denzill hollis , and benjamin valentine , esquires : the effect of which was , that the king that now is , for weighty causes , such a day and year , did summon a parliament , and to that purpose sent his writ to the sheriff of cornwall to chuse two knights , by vertue whereof sir john eliot was chosen , and returned knight for cornwall . and that in the same manner , the other defendants were elect burgesses of other places for the same parliament . and shewed further , that sir john finch was chosen for one of the citizens of canterbury , and was speaker of the house of commons . and that the said eliot , publickly and malitiously in the house of commons , to raise sedition between the king , his nobles and people , uttered these words , that the councill and judges had all conspired , to trample under-foot the liberties of the subjects . he further shewed , that the king had power to call , adjourn , and dissolve parliaments : and that the king , for divers reasons , had a purpose to have the house of commons adjourned , and gave direction to sir jo●n finch , then the speaker , to move as adjournment , and if it should not be obeyed , that he should forthwith come from the house to the king. and that the defendants , by confederacy afore-hand , spake a long and continued speech , which was recited verbatim , in which were divers malitious and seditious words , of dangerous consequence . and to the intent that they might not be prevented of uttering their premeditate speeches , their intention was , that the speaker should not go out of the chair till they had spoken them ; the defendants , hollis and valentine , lay violent hands upon the speaker , to the great afrightment and disturbance of the house . and the speaker being got out of the chair , they by violence set him in the chair again ; so that there was a great tumult in the house . and after the said speeches pronounced by sir john eliot , hollis did recapitulate them . and to this information , the defendants have put in a plea to the iurisdiction of the court , because these offences are supposed to be done in parliament , and ought not to be punished in this court , or in any other , but in parliament . and the atturney-generall moved the court , to over-rule the plea to the iurisdiction ; and that , he said , the court might do , although he had not demurred upon the plea. but the court would not over-rule the plea , but gave day to joyne in demurrer this tearm . and on the first day of the next tearm , the record shall be read , and within a day after shall be argued at barre . but hyde , chief iustice , said to the counsell of the defendants , so far light we will give you . this is no new question , but all the iudges of england , and barons of the exchequer , before now , have oft been assembled on this occasion , and have with great patience heard the arguments on both sides ; and it was resolved by them all with one voice , that an offence committed in parliament , criminally or contemptuously , the parliament being ended , rests punishable in an other court. jones , it is true , that we all resolved that an offence committed in parliament against the crown , is punishable after the parliament , in another court ; and what court shall that be , but the court of the kings bench , in which the king by intendment sitteth ? whitlock , the question is now reduced to a narrow room , for all the iudges are agreed , that an offence committed in parliament against the king or his government , may be punished out of parliament . so that the sole doubt which now remains , is , whether this court can punish it . and crook agreed , that so it had been resolved by all the iudges , because otherwise there would be a failer of iustice. and by him , if such an offence be punishable in another court , what court shal punish it but this court , which is the highest court in the realm for criminall offences ? and perhaps not onely criminall actions committed in parliament are punishable here , but words also . mason of lincolns-inne argued for sir john eliot , one of the defendants . the charges in the information against him are three . . for speeches . . for contempts to the king in resisting the adjournment . . for conspiracy with the other defendants , to detain mr. speaker in the chair . in the discussion of these matters , be argued much to the same intent which he had argued before , upon an information brought in the star-chamber against the same defendants , and others , for the same offences ; therefore his argument is reported here very briefly . st . for his speeches , they contain matter of accusation against some great peers of the realm ; and as to them he said , that the king cannot take notice of them . the parliament is a councill , and the grand councill of the king , and councills are secret and close , none other hath accesse to those councills of parliament , and they themselves ought not to impart them without the consent of the whole house . a iury in a leet , which is sworn to enquire of offences within the said iurisdiction , are sworn to keep their own counsell ; so the house of commons enquire of all grievances within the kingdom , and their counsells are not to be revealed . and to this purpose was a petition , h. . numb . . that the king shall not give credit to any private reports of their proceedings , to which the king assents ; therefore the king ought not to give credit to the information of these offences in this case . ly . the words themselves contain severall accusations of great men ; and the liberty of accusation hath alwaies been parliamentary , e. . parliament-roll , numb . . the lord latimer was impeached in parliament for sundry offences , r. . the arch-bishop of york , h. . numb . . the duke of suffolk , mar. dy. . the duke of norfolk , h. . numb . . un uickar generall , & e. . c. . the lord seymer , of king james , the lord of st. albans , chancellor of england ; and of king james , cranfield lord treasurer ; and car. the duke of buckingham . ly . this is a priviledge of parliament which is determinable in parliament , and not else-where , r. . numb . . the parliament-roll . petition exhibited in parliament , and allowed by the king , that the liberties and priviledges of parliament shall onely be discussed there , and not in other courts , nor by the common nor civill-law , ( see this case more at large in selden's notes upon fortescue , f. . ) r. . roll of the processe and iudgment . an appeal of treason was exhibited against the arch-bishop of canterbury and others , and there the advice of the sages of the one law and the other being required ; but because the appeal concerned persons which are peers of the realm , which are not tryed else-where then in parliament , and not in an inferiour court , h. . numb . . there being a question in parliament concerning precedency , between the earl of arundell and the earl of devon , the opinion of the iudges being demanded , they answered , that this question ought to be determined by the parliament , and by no other , h. . numb . , . during the prorogation of the parliament , thorp that was the speaker , was out in execution at the suit of the duke of york ; and upon the re-assembly of the parliament , the commons made suit to the king and lords to have their speaker delivered . upon this , the lords demand the opinion of the iudges , who answer , that they ought not to determine the priviledges of the high court of parliament . ly . this accusation in parliament , is in legall course of justice , and therefore the accuser shall never be impeached , h. . and eliz. dy. . forging of false deeds brought against a peer of the realm , action de scandalis magnatum , doth not lie . c. . . cutler and dixy's case , where divers cases are likewise put to this purpose , h. . . if upon the view of the body the slayer cannot be found , the coron●r ought to enquire , who first found the dead body , and if the first finder accuse another of the murder , that is afterward acquit , he shall not have an action upon the case , for it was done in legall manner . so it is the duty of the commons to enquire of the grievances of the subjects , and the causes thereof , and doing it in a legall manner , ● h. . . h. . . in conspiracy it is a good plea , that he was one of the indictors . and h. . . that he was a grand-iury-man , and informed his companions . and e. . , . and h. . . that he was a iustice of peace , and informed the iury , ass . p. . is to the same purpose . and if a iustice of peace , the first finder , a iuror , or indictor , shall not be punished in such cases ; à fortiori , a member of the house of commons shall not , who , as h. . . is a iudge . ass . p. . may be objected , where two were indicted of conspiracy , because they maintained one another ; but the reason of the said case was , because maintenance is matter forbidden by the law ; but parliamentary accusation , which is our matter , is not forbidden by any law. c. . . there was conspiracy , in procuring others to be indicted . and it is true , for there it was not his duty to prefer such accusation . ( ) the accusation was extra-judicial , and out of court ; but it was not so in our case . ( ) words spoken in parliament , which is a superiour court , cannot he questioned in this court , which is inferior . e. . . and stamford , . will be objected , where the bishop of winchester was arraigned in this court , because he departed the parliament without license ; there is but the opinion of scroop , and the case was entred , p. . e. . . and it is to be observed , that the plea of the bishop there , was never over-ruled . from this i gather , that scroop was not constant to his opinion , which was suddain , being in the same term in which the plea was entred ; or if he were , yet the other iudges agreed not with him ; and also at last the bishop was discharged by the kings writ . from this i gather , that the opinion of the court was against the king , as in pl. . in fogassas's case , where the opinion of the court was against the king , the party was discharged by privy seal . and phil. and mar. hath been objected , where an information in this court was preferred against mr. ployden , and other members of the house of commons , for departing from the house without license . but in that case i observe these matters , ( . ) that this information depended during all the life of the queen , and at last was sine die , by the death of the queen . ( . ) in the said case , no plea was made to the iurisdiction of the court , as here it is . ( . ) some of them submitted themselves to the fine , because it was easie , for it was but . d. but this cannot be urged as a president , because it never came injudgment , and no opinion of the court was delivered therein . and it is no argument , that because at that time they would not plead to the jurisdiction , therefore we now cannot if we would . ( ) these offences were not done in the parliament house , but else-where by their absence , of which the country may take notice ; but not of our matters being done in parliament . and absence from parliament , is an offence against the kings summons to parliament . r. . parliament-roll . thomas hacksey was indicted of high-treason in this court , for preferring a petition in parliament , but h. . num . . he preferred a petition to have this iudgment voided , and so it was , although that the king had pardoned him before . and h. . numb . . all the commons made petition to the same purpose , because this tends to the destruction of their priviledges . and this was likewise granted , h. . c. . strood's case , that all condemnations imposed upon one , for preferring of any bill , speaking , or reasoning in parliament , are void . and this hath ▪ alwaies been conceived to be a generall act , because the prayers , time , words , and persons are generall , and the answer to it is generall ; for a generall act is alwaies answered with , le roy voit , and a particular act with soit droit fait al partyes . and h. . . . a generall act is alwaies inrolled , and so this is . ly . for the second matter , the contempt to the command of the adjournment , jac. it was questioned in parliament , whether the king can adjourn the parliament , ( although it be without doubt that the king can prorogue it ) and the iudges resolve , that the king may adjourn the house by commission ; and eliz. it was resolved accordingly . but it is to be observed , that none was then impeached for moving that question . ( ) it is to be observed , that they resolve , that the adjournment may be by commission , but not resolved , that it may be by a verball command , signified by another ; and it derogates not from the kings prerogative , that he cannot so do , no more then in the case of h. . . that he cannot grant one acre of land by parol . the king himself may adjourn the house in person , or under the great seal , but not by verball message , for none is bound to give credit to such message ; but when it is under the great seal , it is teste meipso . and if there was no command , then there can be no contempt in the disobedience of that command . ( ) in this no contempt appears by the information , for the information is , that the king had power to adjourn parliaments . then put case the command be , that they should adjourn themselves ; this is no pursuance of the power which he is supposed to have . the house may be adjourned two waies , to wit , by the king , or by the house it self ; the last is their own voluntary act , which the king cannot compell , for , voluntas non cogitur . ly . for the third matter , which is the conspiracy : although this be supposed to be out of the house , yet the act is legall ; for , members of the house may advise of matters out of the house ; for the house it self is not so much for consultations , as for proposition of them . and h. . . is , that enquests which are sworn for the king , may enquire of matters else-where . ( ) for the conspiracy to lay violent hands upon the speaker , to keep him in the chair ; the house hath priviledge to detain him in the chair , and it was but lightly and softly , and other speakers have been so served . ( ) the king cannot prefer an information for trespasse , for it is said , the king ought to be informed by a iury , to wit , by indictment or presentment . ( ) this cannot be any contempt , because it appears not , that the house was adjourned ; and if so , then the speaker ought to remain in the chair , for without him , the house cannot be adjourned . but it may be objected , that the information is , that all these matters were done malitiously and seditiously . but to this i answer , that this is alwaies to be understood according to the subject matter , e. . . and h. . . a wife that hath title to have dower , agrees with an other to enter , ( which hath right ) that she against him may recover her dower . this shall not be said covin , because both the parties have right and title . ( ) it will be objected , that if these matters shall not be punishable here , they shall be unpunished altogether , because the parliament is determined . to this i say , that they may be punished in the subsequent parliament , and so there shall be no failer of right . and many times matters in one parliament , have been continued to another , as e. . numb . . the lord barkley's case , e. . numb . . r. . c. . h. . numb . , . h. . numb . . offences in the forrest ought to be punished in eyre , and eyres oftentimes were not held , but every third year . c. . epistle , and e. . c. . a parliament may be every year . errour in this court cannot be reversed but in parliament . and yet it was never objected , that therefore there shall be a failer of right . e. . c. . if a new case of treason happen , which is doubtfull , it shall not be determined till the next parliament . so in westm. . c. . where a new case happens , in which there is no writ , stay shall be made till the next parliament . and yet in these cases , there is no failer of right . and so the iudges have alwaies done in all difficult cases ; they have referred the determination of them to the next parliament , as appears by e. , . e. . . h. . . e. . dower . . the case of dower of a rent-charge . and jac. the iudges refuse to deliver their opinions concerning the union of the two kingdoms . the present case is great , rare , & without president therefore not determinable but in parliament . and it is of dangerous consequence ; for ( ) by the same reason , all the members of the house of commons may be questioned . ( ) the parties shall be disabled to make . their defence , and the clerk of parliament is not bound to disclose those particulars . and by this means , the debates of a great councill shall be referred to a petty iury. and the parties cannot make justification , for they cannot speak those words here which were spoken in the parliament , without slander . and the defendants have not means to compell any to be witnesses for them ; for the members of the house ought not to discover the counsell of the house : so that they are debar'd of justification , evidence , and witnesse . lastly , by this means , none will adventure to accuse any offender , in parliament , but will rather submit himself to the common danger ; for , for his pains he shall be imprisoned , and perhaps greatly fined : and if both these be unjust , yet the party so vexed can have no recompence . therefore , &c. the court. the question is not now , whether these matters be offences , and whether true or false . but , admitting them to be offences , the sole question is , whether this court may punish them ; so that a great part of your argument is nothing to the present question . at another day , being the next , calthrop argued for mr. valentine , another of the defendants . st . in generall , he said , for the nature of the crimes , that they are of four sorts . . in matter . . in words . . by consent . . by letters . two of them are laid to the charge of this defendant , to wit , the crune of the matter , and of consent . and of offences , bracton makes some publick , some private . the offences here are publick . and of them , some are capitall , some not capitall , as assault , conspiracy , and such like , which have not the punishment of life & death . publick crimes capitall , are such as are against the law of nature , as treason , murder ; i will agree , that if they be committed in parliament , they may be questioned else-where out of parliament . but in our case , the crimes are not capital , for they are assault & conspiracy , which in many cases may be ●ustified , as appears by h. . keilw . . ass . h. . . e. . . therefore this court shall not have jurisdiction of them , for they are not against the law of nations ▪ of god , or nature . and if these matters shal be examinable here , by consequence all the actions of parliament-men may be drawn in question in this court. but it seems by these reasons that this court shall not have jurisdiction as this case is : st . because these offences are justifiable , being but the bringing the speaker to the chair , which also perhaps was done by the uotes of the commons ; but if these matters shall be ●ustified in this court , no tryall can be ; for upon issue of his own wrong , he cannot be tryed , because acts done in the house of commons are of record , as it was resolved in the parliament , jac. and h. . c. . . are , that such matters cannot be tryed by the country . and now they cannot be tryed by record , because , as h. . dy. . is , an inferiour court cannot write to a superiour . and no certiorari lies out of the chancery , to send this here by mittimus , for there never was any president thereof ; and the book of the house of commons , which is with their clerk , ought not to be divulged . and c. littl. is , that if a man be indicted in this court for piracy committed upon the sea , he may well plead to the jurisdiction of this court , because this court cannot try it . ly . it appears by the old treatise , de modo tenendi parliamentum , that the iudges are but assistants in the parliament ; and if any words or acts are made there , they have no power to contradict or controul them . then it is incongruous , that they , after the parliament dissolved , shall have power to punish such words or acts , which at the time of the speaking or doing , they had not power to contradict . there are superiour , middle , and more inferiour magistrates ; and the superiour shall not be subject to the controle of the inferiour . it is a position , that in pares est nullum imperium , multò minus in eos qui majus imperium habent . c. littl. saies , that the parliament is the supream tribunal of the kingdom , and they are iudges of the supream tribunal ; therefore they ought not to be questioned by their inferiours . ( ) the offences objected do concern the priviledges of parliament , which priviledges are determinable in parliament ▪ and not else-where , as appears by the presidents which have been cited before . ( ) the common-law hath assigned proper courts for matters , in respect of the place and persons ; st . for the place , it appears by e. . . & old entries , . that in an ejectione firme , it is a good plea , that the land is antient demeasne , and this excludes all other courts . so it is for land in durham , old entries , . for it is questionable there , & not out of the county . ly . for persons , h. . h. . roll . ▪ old entries , . if a clerk of the chancery be impleaded in this court , he may plead his priviledge , and shall not answer . so it is of a clerk of the exchequer , old entries , . then much more when offences are done in parliament , which is exempt from ordinary jurisdiction , they shall not be drawn in question in this court. and if a man be indicted in this court , he may plead sanctuary , h. . keilw . . and . and shall be restored , e. . . the abbot of bury's case is to the same purpose . ( ) for any thing that appears , the house of commons had approved of these matters , therefore they ought not to be questioned in this court. and if they be offences , and the said house hath not punished them , this will be a casting of imputation upon them . ( ) it appears by the old entries , , , that such an one ought to represent the borough of st. jermans , from whence he was sent ; therefore he is in nature of an ambassadour , and he shall not be questioned for any thing in the execution of his office , if he do nothing against the law of nature or nations , as it is in the case of an ambassadour . in the time of queen elizabeth , the bishop of rosse in scotland , being ambassadour here , attempted divers matters against the state ; and by the opinion of all the civilians of the said time , he may be questioned for those offences , because they are against the law of nations and nature ; and , in such matters , he shall not enjoy the priviledges of an ambassador . but if he commit a civill offence , which is against the municipall law onely , he cannot be questioned for it , as bodin . de republica , agrees the case . upon the statute of h. . c. . for tryall of pirats , . jac. the case fell out to be thus . a iew came ambassador to the united provinces , and in his journey he took some spanish ships , and after was driven upon this coast ; and agreed upon the said statute , that he cannot be tryed as a pyrat here by commission , but he may be questioned civiliter in the admiralty : for , legati suo regi soli judicum faciunt . so embassadors of parliament , soli parliamento , to wit , in such things which of themselves are justifiable . ( ) there was never any president , that this court had punished offences of this nature , committed in parliament , where any plea was put in , as here it is to the jurisdiction of the court ; and where there is no president , non-usage is a good expositor of the law. lord littl. section . co. littl. f. . saies , as usage is a good interpreter of the lawes , so non-usage , where there is no example , is a great intendment , that the law will not bear it , eliz. dy. . upon the statute of h. . of inrolments , that bargain and sale of a house in london ought not to be enrolled ; the reason there given is , because it is not used . . eliz. dy. . no errour lies here of a iudgment given in the five ports , because such writ was never seen ; yet in the diversity of courts it is said , that errour lies of a iudgment given in the five ports , h. . . by ashton , that a protection to go to rome was never seen , therefore he disallowed it . ( ) if this court shall have iurisdiction , the court may give judgment according to law , and yet contrary to parliament law , for the parliament in divers cases hath a peculiar law. notwithstanding the statute of h. . c. . that every burgesse ought to be resident within the burrough of which he is burgesse , yet the constant usage of parliament is contrary thereunto ; and if such matter shall be in question before ye , ye ought to adiudge according to the statute , and not according to their usage . so the house of lords hath a speciall law also , as appears by r. . the roll of the processe and iudgmen , ( which hath been cited before to another purpose ) where an appeal was not according to the one law or th' other , yet it was good according to the course of parliament . ( ) because this matter is brought in this court by way of information , where it ought to be by way of indictment . and it appears by ass . p. . that if a bill of disceit be brought in this court , where it ought to be by writ , this matter may be pleaded to the iurisdiction of the court , because it is vi & armis , and contra pacem . it appears by all our books , that informations ought not to be grounded upon surmices , but upon matter of record , h. . . e. . dy. . information in the exchequer , and h. . keilw . . are this purpose . and if the matter be vi & armis , then it ought to be found by enquest , e. . , . appeal shall not be grounded upon the return of the sheriff , but the king ought to be certified of it by indictment , h. . . and stamf. f. . a. upon the statute of e. . c. . that none shall be imprisoned but upon indictment or presentment ; and e. . c. . e. . c. . are to the same purpose . so here , this information ought to have been grounded upon indictment , or other matter of record , and not upon bare intelligence given to the king. ( ) the present case is great and difficult , and in such cases , the iudges have alwaies outed themselves of iurisdiction , as appears by bracton , book . f. . si aliquid novi non usitatum in regno acciderit , e. . , . and dower . now i will remove some objections which may be made . where the king is plaintiff , it is in his election to bring his action in what court he pleases . this is true in some sense , to wit , that the king is not restrained by the statute of magna charta , quod communia placita non sequantur curiam nostram ; for he may bring his quare impedit in b. r. and if it concerns durham , or other county palatine , yet the king may have his action here ; for the said courts are created by patent , and the king may not be restrained by parliament , or by his own patent , to bring his action where he pleaseth . but the king shall not have his action where he pleaseth against a prohibition of the common law , as h. . keilw . . the king shall not have a formedon in chancery . and c. . . gregory's case , if the king will bring an information in an inferiour court , the party may plead to the iurisdiction . so where the common law makes a prohibition , the king hath not election of his court. the information is contra formam statuti , which statute , as i conceive , is intended the statute of h. . c. . and h. . c. . which gives power to this court to punish an assault , made upon the servant of a knight of parliament . but our case is not within those statutes , nor the intent of them ; for it is not intendible , that the parliament would disadvantage themselves , in point of their priviledge . and this was a trespasse done within the house by parliament-men amongst themselves . and crompton's jurisdiction of courts , f. . saith , that the parliament may punish trespasses done there . presidents have been cited of parliament-men , imprisoned and punished for matters done in parliament . to this i say , that there is via juris , and via facti ; and via facti is not alwaies via juris , c. . . presidents are no good directions , unlesse they be iudiciall . otherwise there will be a failer of iustice , wrongs shall be unpunished . to this i answer , that a mischief is oft-times rather sufferable then an inconvenience , to draw in question the priviledges of parliament . by the antient common law , as it appears by e. . . and ass . if an infant bring an appeal , the suit shall be stayed during his infancy , because the party cannot have his tryall by battail against the infant ; but the law is now held otherwise in the said case . and in some cases , criminall offences shall be dispunished , h. . dy. . appeal of murder lies not for murder done in severall counties . this court of b. r. is coram ipso rege , the king himself by intendment is here in person . and as it is said , c. . . it is supremum regni tribunal , of ordinary iurisdiction . but to this i say , that the parliament is a transcendent court , and of transcendent jurisdiction ; it appears by ass . p. . that the style of other courts is coram rege , as well as this is , as coram rege in cancellaria , coram rege in camera ; and though it be coram rege , yet the iudges give the iudgment . and in the time of h. . in this court , some entries were coram rege ; others , coram hugone de bigod . the privileges of parliament are not questioned , but the conspiracies and misdemeanours of some of them . but to this i say , that the distinction is difficult and narrow in this case , where the offences obiected are iustifiable : and if they be offences , this reflects upon the house which hath not punished them . the cases of e. . . and and phil. & mar. have been ob●ected . but for the last it is observable , that no plea was pleaded to the iurisdiction , as it is in our case . and if a parliament-man or other , which hath priviledge , be impleaded in forraign court , and neglect his plea to the iurisdiction , the court may well proceed , h. . . h. . ● . . jac. in this court the lord norreys , that was a peer of parliament , was indicted in this court for the murder of one bigoo , and pleaded his pardon . and there it was doubted , how the court should proceed against him , ( for he by the law ought to have his tryall by his peers ) and it was resolved , that when he pleads his pardon , or confesseth his fault , thereby he gives iurisdiction to the court , and the court may give iudgment against him . so that these cases , where it was not pleaded to the iurisdiction , can be no president in our case . the priviledge here is not claimed by prescription or charter , therefore it is not good . but i say , that notwithstanding this , it is good ; for where the common-law outs a court of iurisdiction , there needs no charter or prescription , h. . . h. . keilw . . br. n. c. . where sanctuary of a church is pleaded , there 's no need to make prescription , because every church is a sanctuary by the common-law . therefore , &c. heath , the kings atturney , the same day argued on the other side , but briefly . first , he answered to the objections which had been made . first , he said , that informations might well be for matters of this nature , which are not capitall ; and that there are many presidents of such informations . ( but note that he produced none of them ) y. it hath been obiected , that they are a councill , therefore they ought to speak freely . but such speeches which here are pronounced , prove them not counsellors of state , but bedlams ; the addition of one word would have made it treason , to wit , proditoriè . but it is the pleasure of the king to proceed in this manner , as now it is . and there is great difference between bills and libells , and between their proceedings , as counsell and as mutinous . ly . that it would be of dangerous consequence ; for by this means , none would adventure to complain of grievances . i answer , they may make their complaints in parliamentary manner , but they may not move things , which tend to distraction of the king and his government . ly . these matters may be punished in following parliaments . but this is impossible , for following parliaments cannot know , with what minde these matters were done . also the house of commons is not a court of iustice of itself . the two houses are but one body , and they cannot proceed criminally to punish crimes , but onely upon their members by way of imprisonment ; and also they are not a court of record . and they have forbid their clerk to make entry of their speeches , but onely of matters of course ; for many times they speak upon the suddain , as occasion is offered . and there is no necessity , that the king should expect a new parliament . the lords may grant commissions to determine matters , after the parliament ended ; but the house of commons cannot do so . and also a new house of commons consists of new men , which have no conusance of these offences . h. . the bishop of carlile , for words spoken in the parliament , that the king had not right to the crown , was arraigned in this court of high-treason ; and then he did not plead his priviledge of parliament , but said , that he was episcopus unctus , &c. ly . h. . strode's case hath been objected . but this is but a particular act , although it be in print ; for rastall intitles it by the name of strode ; so the title , body , and proviso of the act are particular . ly . that this is an inferiour court to the parliament , therefore , &c. to this i say , that , even sitting the parliament , this court of b. r. and other courts , may judge of their priviledges , as of a parliament-man put in execution , &c. and other cases . it is true , that the iudges have oft-times declined to give their iudgment , upon the privileges of parliament , sitting the court. but from this it followes not , that when the offence is committed there , and not punished , and the said court dissolved , that therefore the said matter shall not be questioned in this court. ly . by this means the priviledges of parliament shall be in great danger , if this court may judge of them . but i answer , that there is no danger at all ; for this court may judge of acts of parliament . ly . perhaps these matters were done by the uotes of the house ; or , if they be offences , it is an imputation to the house to say , that they had neglected to punish them . but this matter doth not appear . and if the truth were so , these matters might be given in evidence . ly . there is no president in the case , which is a great presumption of law. but to this i answer , that there was never any president of such a fact , therefore there cannot be a president of such a judgment . and yet in the time of queen elizabeth , it was resolved by brown ▪ and many other iustices , that offences done in parliament may be punished out of parliament , by imprisonment or otherwise . and the case of e. . . is taken for good law by stamf. and fitzh . and e. . and mar. accord directly with it . but it hath been objected , that there was no plea made to the iurisdiction . but it is to be obser-served , that ployden , that was a learned man , was one of the defendan●s , and he pleaded not to the iurisdiction , but pleaded license to depart . and the said information depended during all the reigne of queen mary , during which time there were four parliaments , and they never questioned this matter . but it hath been further objected , that the said case differs from our case , because that there the offence was done out of the house , and this was done within the house . but in the said case , if license to depart be pleaded , it ought to be tryed in parliament , as well as these offences here . therefore , &c. and the same day the iudges spake briefly to the case , and agreed with one voice , that the court , as this case is , shall have iurisdiction , although that these offences were committed in parliament . afterwards the parliament which met the d. of novemb. . upon report made by mr. recorder glyn , of the state of the severall and respective cases of mr. hollis , mr. selden , and the rest of the imprisoned members of the parliament , in tertio caroli , touching their extraordinary sufferings , for their constant affections to the liberties of the kingdom , expressed in that parliament ; and upon arguments made in the house thereupon , did , upon the th . of july , . passe these ensuing votes , which , in respect of the reference they have in these last mentioned proceedings , we have thought fit , though out of order of time , to insert , viz. iuly the th . . resolved upon the question , that the issuing out of the warrants from the lords , and others of the privy councill , compelling mr. hollis , and the rest of the members of that parliament , . car. during the parliament , to appeare before them , is a breach of the priviledge of parliament by those privy counsellours . resolved , &c. that the committing of mr. hollis , and the rest ●f the lords , and others of the privy councill ; dureing the parliament , is a breach of the priviledge of parliament by those lords and others . resolved , &c. that the searching and sealing of the chamber , study , and papers of mr. hollis , mr. selden , and sir. iohn eliot , being members of this house , and dureing the parliament , and issuing of warrants to that purpose , was a breach of the priviledge of parliament , and by those that executed the same . resolved , &c. that the exhibiting of an information in the court of star-chamber , against mr. hollis and the rest , for matters done by them in parliament , being members of parliament , and the same so appearing in the information ; is a breach of the priviledge in parliament . resolved , &c. that sir robert heath , and sir humphrey davenport , sir hennage finch , mr. hudson , and sir robert berkly , that subscribed their names to the information , are guilty thereby of the breach of priviledge of parliament . resolved , &c. that there was delay of justice , towards mr. hollis and the rest that appeared upon the ha. corp. in that they were not bayled in easter and trinity tearm . . car. resolved , &c. that sir nicholas hide , then chief justice of the kings bench , is guilty of this delay . resolved , &c. that sir william jones then being one of the justices of the court of kings bench is guilty of this delay . resolved , &c. that sir iames whitlock knight , then one of the justices of the court of kings bench is not guilty of this delay . ordered , that the further debate of this shall be taken into consideration on to morrow morning . iuly the th . . resolved upon the question , that sir george crook knight , then one of the judges of the kings bench is not guilty of this delay . that the continuance of mr. hollis and the rest of the members of parliament , . car. in prison , by the then judges of the kings bench for not putting in sureties of the good behaviour , was without just or legall cause . that the exhibiting of the information against mr. hollis , sir iohn eliot , and mr. valentine in the kings bench , being members of parliament , for matters done in parliament , was a breach of the priviledge of parliament . that the over-ruling of the plea , pleaded by mr. hollis , sir iohn eliot , and mr. valentine , upon the information to the jurisdiction of the court , was against the law , and priviledge of parliament . that the judgement given upon a nihil dicit , against mr. hollis , sir iohn eliot , and mr. valentine , and fine thereupon imposed , and their severall imprisonments thereupon , was against the law , and priviledge of parliament . that the severall proceedings against mr. hollis , and the rest , by committing them , and prosecuting them in the star-chamber and in the kings bench , is a grievance . that mr. hollis , mr. stroud , mr. valentine , and mr. long , and the heires and executours of sir iohn eliot , sir miles hubbard , and sir peter heyman , respectively ought to have reparation for their respective dammages and sufferings , against the lords and others of the councill , by whose warrants they were apprehended and committed , and against the councill that put their hands to the information in the star-chamber , and against the judges of the kings bench. that mr. lawrence whitaker , being a member of the parliament , car. entring into the chamber of sir iohn eliot , being likewise a member of the parliament , searching of his trunck and papers , and sealing of them , is guilty of the breach of the priviledge of parliament , this being done before the dissolution of parliament . resolved upon the question , that mr. lawrence whitaker , being guilty of the breach of the priviledges , as aforesaid , shall be sent forthwith to the tower , there to remain a prisoner during the pleasure of the house . mr. whitaker was called down , and kneeling at the bar , mr. speaker pronounced this sentence against him accordingly . mr. vvhitaker being at the bar , did not deny , but that he did search and seal up the chamber , and trunck , and study , of sir iohn eliot , between the second and tenth of march , during which time the parliament was adjourned : but endeavoured to extenuate it , by the confusion of the times , at that time ; the length of the time since the crime was committed , being thirteen years ; the command that lay upon him , being commanded by the king and twenty three privy counsellors . afterwards mr. recorder glin made a further report to the house of commons , viz. he likewise reported the state of the case , concerning the losses , dammages , sufferings , & imprisonments , sustained and undergone by mr. vassell , for denying to pay tunnage and poundage , ( not granted by act of parliament ) in obedience to a declaration and vote of this house . the warrant , which issued and was subscribed by twelve privy counsellors , to summon nine of the members of the house of commons , in the parliament of tertio caroli , to appear before them during the parliament : viz. mr. william stroud , mr. benjamin valentine , mr. hollis , sir iohn eliot , mr. selden , sir miles hobert , sir peter heyman , mr. walter long , and mr. vvilliam coriton ; bearing date , tertio mar●ii quarto caroli ; and the names of the twelve privy counsellors that signed this warrant were read . the parliament being adjourned the second of march to the tenth of march , and then dissolved . the warrants under the hands of sixteen privy counsellors , for committing of mr. denzill hollis , sir iohn eliot , mr. iohn selden , mr. benjamin valentine , and mr. william coriton , close prisoners to the tower , bearing date , quarto martii quarto caroli , during the parliament , were read . and the names of the privy counsellors that subscribed them , were read . the warrants under the hands of twenty two privy counsellors , directed to william boswell esq to repair to the lodgings of denzil hollis esq and to simon digby esq to repair to the lodgings of mr. iohn selden , and to lawrence vvhitaker esq to repair to the lodgings of sir iohn eliot , requiring them to seal up the truncks , studies , and cabinets , or any other thing that had any papers in them , of the said mr. hollis , mr. iohn selden , and sir. iohn eliot , were read ; and likewise the names of the privy counsellors that subscribed the said warrants . a warrant under the hands of thirteen privy counsellors , for the commitment of mr. william stroud close prisoner to the kings bench , bearing date , d . april , . was read , and the names of the privy counsellors that subscribed it : the like warrant was for the commitment of mr. vvalter long close prisoner to the marshall-sea . the humble memoriall of the losses , dammages , sufferings , and imprisonments , sustained and undergone by alderman richard chambers , for denying to pay tunnage and poundage , ( not granted by act of parliament ) in obedience to a declaration and vote of this house , was this day read . ordered , that it be referred to the committee for the members of tertio caroli , where mr. recorder hath the chair ; and the committee of the navy , joyned as to this businesse ; to consider of the memoriall of the losses , dammages , sufferings , and imprisonments , sustained and undergone by alderman richard chambers , for his denying to betray the liberty of the subject , in paying the illegall tax of tunnage and poundage , ( not granted by act of parliament ) in obedience to a declaration and order of this house . and the committee are to make report on munday fortnight . resolved , &c. that mr. hollis shall have the sum of five thousand pounds , for his dammages , losses , imprisonments , and sufferings , sustained and undergone by him , for his service done to the common-wealth in the parliament of tertio caroli . resolved , &c. that mr. iohn selden shall have the sum of five thousand pounds , for his dammages , losses , imprisonments , and sufferings , sustained and undergone by him for his service done to the common-wealth , in the parliament of tertio caroli . resolved , &c. that the sum of five thousand pounds be assigned for the dammages , losses , imprisonments , and sufferings , sustained and undergone by sir iohn eliot , for his service done to the common-wealth in the parliament of tertio caroli , to be disposed of in such manner , as this house shall appoint . resolved , &c. that the sum of two thousand pounds , part of four thousand pounds , paid into the late court of wards and liveries , by the heires of sir iohn eliot , by reason of his marriage with sir daniel norton's daughter , shall be repaid to mr. eliot , out of the arrears of monies , payable into the late court of wards and liveries , before the taking away of the said late court. ordered , that it be referred to the committee who brought in this report , to examine the decree made in the late court of wards and liveries , concerning the marriage of sir eliot's heir with sir norton's daughter ; and what monies was paid by reason of the said decree , and by whom ; and to report their opinions thereupon to the house . ordered , that it be referred to the committee of the tower to examine after what manner sir iohn elyot came to his death , his usage in the tower , and to view the roomes and places where he was imprisoned , and where he dyed , and to report the same to the house . resolved , &c. that the sum of five thousand pounds shall be paid unto the of sir peter heyman , for the dammages , losses , sufferings , and imprisonments , sustained and undergone by sir peter heyman , for his service done to the common-wealth in the parliament in tertio caroli . resolved , &c. that mr. vvalter long shall have the sum of five thousand pounds paid unto him , for the dammages , losses , sufferings , and imprisonment sustained and undergone by him , for his service done to the common-wealth in the parliament of tertio caroli . resolved , &c. that the sum of five thousand pounds shall be assigned , for the dammages , losses , sufferings , and imprisonment , sustained and undergone by mr. strode ( late a member of this house ) deceased , for service done by him to the common-wealth , in the parliament of tertio caroli . resolved , &c. that mr. benjamin valentine shall have the sum of five thousand pounds paid unto him , for the dammages , losses , sufferings , and imprisonments sustained and undergone by him for his service done to the common-wealth , in the parliament of tertio caroli . resolved , &c. that the sum of five hundred pounds shall be bestowed and disposed of , for the erecting a monument to sir miles hobert , a member of the parliament of tertio caroli , in memory of his sufferings for his service to the common-wealth in that parliament of tertio caroli . resolved , &c. that mr. samuel vassell shall have the sum of ten thousand four hundred forty five pounds twelve shillings two pence paid him , for his losses and dammages sustained , for denying to pay tunnage and poundage , ( not granted by act of parliament ) in pursuance and obedience to a declaration and vote of this house . resolved , &c. that this house doth declare , that they will in due time take mr. vassell into further consideration , for his imprisonment and personall sufferings . ordered , that it be recommitted to the committee , who brought in this report to consider , how the severall sums of mony this day ordered to be paid , for dammages to the severall members , and others before named , for their sufferings in the service of the common-wealth , may be raised . finis . an index alphabetically digested , relating to the principal persons and matters contained in this book . a. abbot archbishop , his advice concerning the palatinate war , p. in disgrace at court , p. . his letter to the king against toleration of popery , p. . still in disfavor , p. . a commission to sequester him , ●b . his narrative at large containing the true cause of his being sequestred , from p. . to . his speech concerning the petition of right , p. abbot doctor p. acts passed in parliament , p. , , alford master p. allured master his letter to the duke , p. . another concerning the duke p. ambassadors private instructions , p. anhault prince , made general of the bohemians p. arminians p. , , , , , arundel earl p. , &c. ashley serjeant , questioned for words , p. aston sir walter , p. , , , , , le assembli des notables , &c. p. . and p. . appendix . aske mr. his argument for master stroud , p. . appendix b. bacon , lord chancellor p. , , , barkley serjeant , his argument against mr. stroud . appendix , p. barkshire earl p. barons of the exchequer sent unto about merchants g●ods , p. , beecher sir william p. bethlem gabor assists the bohemians p. bohemians vide palatinate book of bounty prohibited p. bramston serjeant , upon the habeas corpus p. bristol vide digby . buckingham writes unto gundamor of king james dissatisfaction about the palatines war , p. . goes with the prince into spain , p. . made duke , p. . a letter sent to him from mr. allured , p. . his narrative to both houses of parliament , p. . the truth thereof attested by the prince , p. . the popes letter to him , p. . his head demanded by the spanish ambassador , p. . the duke is justified of both houses , ibid. and by king james , who called him his disciple , p. . is accused again by the spanish ambassador p. renders an account in parliament of the fleet , p. . and also speaks on his own behalf , p. . queries in parliament concerning the duke , p. . sir john elliot concerning the duke , p. . the kings speech on behalf of the duke , p. . lord keeper to the same purpose , p. . the duke explains the kings and the lord keepers speech in parliament , p. . and renders an account of his negotiation in the low countreys , and elswhere , p. . is vindicated by the lord conway , p. . the commons present a remonstrance against him , p. . private advice given him , p. . the dukes answer to a message from the commons , p. . articles exhibited against him by bristol , p. . the kings message on behalf of the duke , against bristol , p. . impeached by the commons , p. . managed at a conference by eight members , p. , , , &c. private suggestions on behalf of the duke , p. . the kings speech on his behalf , p. . a message from the commons against him , p. . his speech against them , p. . sir dudley carlton concerning him , p. , . dissatisfied at the release of sir john elliot , p. . sir john elliots explanation concerning him , p. . is chosen chancellor of cambridge , p. . his letter to that university , p. . the kings letter on his behalf , p. . his speech in parliament before he gave in his answer , p. . his plea and answer to the impeachment , p. , &c. the king prefers an information against him in star-chamber , p. . sets sail with the fleet , p. . lands his army at the isle of rhee , p. . and had a hot encounter with the french , p. . omits to take in the little fort , ibid. lays siege to the cittadel at st. martins , ibid. retreats with the army from rhee , p. . declared cause of all grievances , p. . desires to clear himself concerning some words , supposed to be spoken by him , p. . and charges one melvin for speaking words against him , ibid. is slain at portsmouth , p. . the king receives news of his death , ibid. burlacy sir john p. burroughs captain p. , burroughs sir john slain at rhee , p. c. calthrop mr. p. . appendix carlile earl p. carlton sir dudley , p. . , carmarthen mr. his answer about customs p. cautionary towns in the netherlands delivered up p. chambers mr. questioned at the council , and committed , p. . brings his habeas corpus , ibid. is bailed , p. . his goods seised on for not paying of customs , p. . a writ of replevin denied him , ibid. proceedings in star-chamber against him , p. . his sentence , p. . his submission tendred , p. . his refusal thereof , p. . his plea in the exchequer against the jurisdiction of the court of star-chamber , ibid. brought upon habeas corpus , p. . his petition to the long parliament , p. . his death p. charls prince , his letter to philip the fourth of spain about the match , p. . goes disguised into spain , p. . had a sight of the princess henrietta maria as the passed through france , ibid. his reception and entertainment in spain , p. . endeavors used to make him change his religion , p. . the popes letter to him , ibid. his answer thereunto , p. . swears to articles of marriage , p. . the oath taken by him , p. . swears to private articles , p. , . and afterwards findes delays in spain , p. . resolves to depart thence and leave a proxy with bristol , p. . feasts the spanish dons aboard his ship , p. . arrives safe in england , ibid. left private instructions with bristol to contradict the proxy , ibid. attests the dukes narrative in parliament , p. is proclaimed king , p. . new swears the old privy council , ibid. pursues their advice , p. . puts forth a proclamation of government , p. . attends in person his fathers funeral , ibid. continues the duke intimately in favor , ibid. levies soldiers for the palatinate , p. . signs the articles of marriage with france , ibid. the marriage solemnised in france , p. . sends the duke of buckingham into france to attend the queen into england , p. . and meets the queen at dover , ibid. the marriage consummated at canterbury , ibid. brings her to london , ibid. his first speech in parliament , p. . the lord keepers speech by his direction , p. . owns montague as his servant , p. . adjourns the parliament to oxford , ibid. his ships employed against rochel , ibid. his speech at the parliament in oxford , p. . seconded by the lord conway and secretary cook , p. . he answers the commons petition against recusants , p. . sends a message for supply , p. . the commons insisting still upon grievances , he dissolves the parliament , p. . and follows his design of war , ibid. sends out privy seals for money , p. . disarms recusants , p. . sends out his fleet and army under command of viscount wimbleton , p. , . their unsuccessful voyage , p. . he now prohibites trade with spain , p. . takes the seal from lord keeper williams , p. . calls a parliament , ibid. prepares for his coronation , p. . commands all of forty pound per annum to appear , and receive the order of knighthood , ibid. the manner of his coronation , p. . the king is present at the opening of the second parliament , p. . and commands the lord keeper coventry to speak what he intended himself to have said , ibid. forbids resort to hear mass , p. . the kings letter to the commons to hasten supply , p. . seconds it with a message , p. . to which the commons sent an answer , p. . the kings reply , ibid. and sends another message concerning mr. cook and doctor turner , p. . three subsidies and three fifteens voted to be given him , p. . and hot debate against the duke , ibid. whereupon the king speaks to the parliament , ibid. and refers to the lord keeper to speak further , p. , , &c. and speaks again himself , p. . his speech explained by the duke , ibid. receives a petition touching nobility , p. . his letter to bristol , p. . his message concerning bristol , p. . receives a remonstrance from the commons concerning the duke , p. . adjourns the parliament for a week , p. . he is attended by some bishops concerning the duke , p. . leaves the house at liberty to present the matter concerning the duke , p. . his message on behalf of the duke against bristol , p. . his speech on behalf of the duke , p. . commits sir dudley diggs and sir john elliot , p. . releases them , p. . his message concerning the earl of arundel , p. . his answer to the lords petition , p. , . his further answer concerning the earl of arundel , p. . another message from the king concerning the said earl , p. , . the earl of arundel set at liberty , p. . his message to the parliament , that they hinder not the election of the duke , as chancellor of cambridge , p. , . his letter to that university on the dukes behalf , p. . his letter to the speaker concerning supply , p. . the commons petition him against recusants , p. . a speech made to him by sir hennage finch concerning the duke , p. . his commission to dissolve the parliament , p. the parliaments remonstrance to him , p. , , &c. his proclamation against the said remonstrance , p. . and another against disputing about arminian controtroversies , p. . causes an information to be preferred against the duke , p. . prohibites the book of bounty , ibid. takes the forfeiture arising from recusants , ibid. grants a commission to compound with recusants , p. . his proclamation to make his revenue certain , ibid. sends to his nobles to lend him money , ibid. demands of the city of london the loan of one hundred thousand pounds , p. . requires port towns to furnish ships , ibid. which the ports in dorsetshire dispute , ibid. the city of london the like , and are checked , ibid. issues forth privy seals , p. . requires inhabitants in port towns to repair to their houses , ibid. sends ships to the river elbe , ibid. declares the king of denmarks overthrow to be one ground of the loan , p. . puts forth a declaration concerning the loan , ibid. gives private instructions concerning the loan , ibid. grants a commission for martial law , p. . displaces sir randal crew about the loan , and makes sir nicholas hide chief iustice , p. . sends six thousand english into the netherlands , pag. . makes sir charles morgan general of them , ibid. causes refusers of loan money to be pressed for soldiers , p. . dissatisfied with the french about the queen , p. . and dismisses them , p. . his declaration concerning a war with france , p. . makes the duke of buckingham admiral and general , and gives him a commission , ibid. secures several gentlemen for not paying the loan money , p. . grant a commission to sequester archbishop abbot , p. . appoints a supply to be sent to the duke under the earl of holland , p. . a list of the debt the king owes for fraights of ships upon the two expeditions to cadize and rhee , p. . calls a parliament , p. . set at liberty the imprisoned gentlemen about the loan money , p. . a list of those gentry imprisoned by the king about loan money , ibid. his commission for an imposition in nature of an excise considered of , p. . his privy seal to pay thirty thousand pound for raising of german horse , ibid. his speech at the opening of the third parment , p. . lord keepers speech by his direction , p. . the speakers speech to him , p. . petition to him for a fast , p. . his propositions for supply , p. . his propositions touching supply again mentioned , p. . his answer to the petition against recusants , p. . his propositions debated , p. , . his message concerning words said to be spoken , p. . another message to secure liberties by bill , p. , . subsidies resolved to be presented unto him , ibid. the kings answer concerning the same , ibid. the dukes speech concerning the commons liberal gift to the king , ibid. a message from him against a recess at easter , p. . a message from the king to hasten supply , p. . the speakers speech unto him at the delivery of the petition against billeting of soldiers , . his answer to that petition , p. . the lord keepers speech by his command , to rely on the kings word , p. . secretary cooks speech thereupon , on behalf of the king , p. , . sir benjamin rudiards speech concerning the kings word , p. . the king sends another message by secretary cooke , to know whether the parliament will or no relie on his word , p. , . several debates thereupon , ibid. he sends another message , that he intendeth shortly to end that session , p. . debates thereupon , p. . the speakers speech in answer to the kings several messages , ibid. the kings answer thereunto . p. . the king sends another message to relie on his word , p. . several debates thereupon , ibid. the petition of right to be presented to the king , delivered at a conference , p. . his letter declaring that he will preserve magna charta &c. communicated at a conference , p. , . the lords addition to the petition of right to have a saving for soveraign power , p. . several debates and conferences thereupon , ●hewing the danger of such a salvo , p. , , &c. the lords agree to the petition of right without the addition , p. . the kings and lord keepers speech at the presenting of the petition of right , p. . the petition of right at large , p. . the kings answer thereunto , p. . not satisfactory , and several speeches thereupon , p. , , &c. a message from the king to end the session on such a day , p. . he sends another message that he will certainly hold his day to end the session , p. . several debates thereupon , and the duke declared the cause of all grievances , p. , , &c. the king commands the house to adjourn , p. . the lords address to the king , to prevent a dissolution , ibid. the king sends another message to qualifie his former messages , p. . several speeches thereupon , p. . the kings privy-seal for payment of monies to raise german horse , p. . burlemachs examination , that they were to be imported into england , ibid. the king receives a petition from both houses for a better answer to the petition of right , p. . the kings fuller answer thereunto , and his speech , ib. the kings commission for raising of monies by way of imposition , p. . debates thereupon , p. . debates about a remonstrance to the king against the duke , p. . a remonstrance to the king against the duke , p. , , &c. the king causeth the proceedings in the star-chamber against the duke to be taken off the file , p. . and causeth the commission for excise to be cancelled , p. . a remonstrance to him concerning tonnage and poundage , ibid. the king ends the session of parliament , p. . a particular of such laws as he passed that session of parliament , p. . suppresses dr manwaring's sermon by proclamation , p. . grants a commission to compound with recusants , ibid. his proclamation against the bishop of calcedon , ibid. sends romish priests to wisbitch , p. . advances sir rich. weston to be lord treasurer , bishop laud to the bishoprick of london , and montague to a bishoprick , ibid. pardons montague and manwaring , p. . solicited to send relief to the king of denmark under sir charls morgan , p. . adjourns the parliament that was to meet the of october , to the of january , p. . takes the advice of the iudges about racking of felton , ibid. declares his resolution about taking the imposition upon currants , p. . consults with certain of his council concerning the ensuing parliament , p. . his speech at the second meeting of the parliament , p. . sends a message about the bill for tonnage and poundage , p. . sends a message to give precedency to tonnage and poundage , p. . petition to him for a fast , p. . his answer thereunto , p. . notwithstanding his message , precedency given to religion , ibid. his answer to that particular , p. . his declaration against disputes about religion debated , p. . a report concerning his pardon to manwaring and montague , p. . his message about customs , p. . his commission about it , p. . his declaration concerning the dissolving the third parliament at large , app. p. . common fame , p. , . conway lord , p. , , , , , , , , , , , , , &c. cook secretary , p. , , , , , , , , , , . cook mr. p. , , cook sir edward , p. , , , , , , , , , , . corriton mr. p. coronation , p. , cottington mr. p. , , , , cotton sir robert , p. , coventry sir thomas made lord keeper , p. . his speeches in parliament , p. , , , , , , , . privy council new sworn , p. . they write to dalbeir about disposing the german horse , p. . creswel mr. . crew sir randolf displaced about the loan , p. . crew sir thomas , p. , , , . again made speaker , p. . cromwel oliver against the bishop of winchester , p. . cromwel lord , p. . crosby sir piercy , lands with supply of men , p. . d. darnel sir thomas about habeas corpus , p. . davenport serjeant argument , app. p. . dawes mr. his answer about customs , p. . decimation projected , car. app. p. . denmark king his declaration , p. . his battel , ibid. his overthrow , p. . digby sir john his discourse betwixt the duke of lerma , about a match with spain , p. . his advice to the king in that matter , p. . is authorised to treat and conclude the match , p. . presents the first draught of articles , p. . sent ambassador into flanders , p. . the substance of his ambassie to the emperor , and duke of bavaria , p. . gives an account in parliament , p. . made earl of bristol , p. , . a letter to him from the king , p. . gives the king hope of a match , p. . hath a proxy delivered to him by the prince to consummate the marriage , p. . receives also private instructions not to put it in execution , p. . labors to satisfie the prince to recal his instructions , but in vain , p. . he and sir walter aston again attempt it , but in vain , p. . bristol sends his apology to k. james for demurring upon the new instructions , p. . hath a tender of large offers from the k. of spain , p. . protests against the dukes narration in parliament , p. . a letter from the lord conway to him , p. . his answer to the lord conway , p. . his petition for a writ of summons , p. . the kings letter to him , p. . he petitions the lords again about his writ of summons , ibid. and desires to be heard in the accusation of the duke , ibid. sends a copy of the lord keepers letter , p. . with his answer thereto , p. . a message from the king concerning him , ibid. he is brought to the bar , p. . articles preferred against him by the kings command , p. . his expressions at the time of his accusation , p. . his speech at the delivery of the articles against the duke , p. . articles exhibited by him against the duke , p. . and also against the lord conway , p. . a message from the king against bristol , p. . reasons why he should onely be tried in the house of peers , p. . iudges opinions concerning that particular , p. . his speech by way of introduction before he gave in his answer to the articles , p. , , &c. his answer to the articles , p. , , &c. dudley sir diggs , p. , , , , , , , , , , . doncaster viscount sent ambassador , p. , , . drummond mr. p. . e. earl sir walter upon a habeas corpus p. . edmonds sir thomas p. . elector vide palatinate . elliot sir john p. , , , , , , , , , , , , , . information against him in the upper bench , p. , , , &c. emperor vide the palatinate . essex earl p. . f. fairfax captain , p. . a monument erected at frandendale in memory of him , and mr. john fairfax his brother , both slain in the defence thereof p. felton visited in prison , and confesses the fact , p. . his examination before the council , ibid. threatned to be rackt , ibid. tryed , p. . tendereth his hand to be cut off , ib. hung in chains p. . finch sir hennage speaker , p. , finch sir john speaker , p. , fleetwood sir miles p. france about a treaty of marriage , p. , . a marriage there , p. , . difference with france p. g. gage mr. sent to rome , p. , , glanvile serjeant , p. , , glynn mr. recorder , ap. , gundamor flatters king james , p. . the treaty on the spaniards behalf , ibid. contrives sir walter rawleighs death , p. , , , . assaulted in london streets , p. . a letter to him to expedite the match , , see , gorge sir ferdinando , p. germany vide palatinate . h. habeas corpus debates and arguments , p. , , &c. also vide parliament quarto car. and appendix . hackwel mr. p. , , hayman sir peter p. heath sir robert , p. , , . ap. , henry prince , a match proposed between him and a daughter of spain , p. herbert mr. p. herbert sir gerrard , p. , herbert sir edward , p. heveningham sir john brings his habeas corpus , p. heidelburg , p. , hobby sir thomas , p. holland earl , p. , , hollis mr. p. , , hubbard sir miles brought upon a habeas corpus , p. hide sir nicholas made chief iustice , p. i. iames king of scotland affects the title of peace-maker , p. . desires to match prince charls with somergeat princess , though of different religion , ibid. and . inclines to a match with spain , p. . flattered by gundamor , p. . delivers up the cautionary towns , ibid. gives a commission to digby to treat on a marriages , ibid. receives articles about religion out of spain , p. . imployes sir walter rawleigh upon a design into america , p. , . too credulous of the spaniard , p. . a letter shewing upon what account the king gave way to the beheading of sir walter rawleigh , p. . sends viscount doncaster ambassador , p. , . his advice craved by the count palatine , p. . he dislikes the palatines acceptance of the crown , p. a. b. a. goes to war with one regiment to assist the palatines , p. . receives news of the defeat given the palatine at prague ▪ p. . raises money by advice of privy council , ibid. flattered again by the spaniard , p. . the spaniards secret instructions in reference to the king , ibid. he calls a parliament , p. . forbids discourse of state affairs , p. . his speech to the parliament , ibid. sends digby ambassador into flanders , p. . his second speech in parliament about projectors , p. . speaks on behalf of the duke , p. , . sends a message against sir henry yelverton , p. d. intends to adjourn the parliament , p. . the commons declaration about the palatinate before the adjournment , p. . reforms grievances by proclamation , ibid. again forbids speaking of state affairs , ibid. gives the great seal to dean williams , ibid. reassembles the parliament , p. . in his absence the lord keeper speaks , ibid. is tryed with a petition and remonstrance from the commons , p. . writes to the speaker , p. . answers the petition , p. , . his answer qualified by the lord keeper , p. . the commons protestation , p. . the king tears it out of the iournal , ibid. commits some members of parliament , p. . imployes others to ireland , ibid. again forbids speaking of state affairs , ibid. offers terms to the emperor on behalf of the palatinate , ibid. receives an answer from the emperor , p. . writes to philip the fourth to accelerate the match , p. . also to don balthazar , p. . writes for the raising of moneys , p. . opposes the arminian sect , p. . shews favor to recusants , ibid. lord keeper excuses the kings favor to recusants , p. . writes to the archbishop about regulating the clergy , p. . gives direction concerning preachers , ibid. new conditions demanded of him by the pope , p. . his answer to those demands , p. . his letter to digby , p. . sends him a dispatch in a peremptory stile concerning heidelburgh , p. . signs the popes demands , p. . writes again to bristol concerning the palatinate , p. . sends the prince into spain , p. . archbishop abbots letter to the king against tolleration of popery , p. . articles of marriage sworn to by him , p. . the oath taken by him , p. . he swears also to private articles , p. , . pope urban writes to king james , p. . after the princes arival , sends to bristol not to deliver the proxy without restitution of the palatinate , p. . and writes to the palatine to make his submission to the emperor , p. . the palatines answer , p. . seeks a match with france , p. . calls a parliament about the treaty with spain , p. . makes a speech , ibid. also another speech in justification of the duke , p. . he makes a third speech unto them concerning their advice to break off the match , p. . desires he may not have a furrow of land left without restitution of the palatinate , p. . scruples at the word insincerity of the king of spain , p. . declares his resolution to dissolve the treaties , p. . accepts subsidies , and makes another speech to the parliament , ibid. offers to go to war in his own person , p. . is troubled at a petition against recusants , p. . that he hath broke the neck of three parliaments , ibid. his answer to that petition , p. . receives information concerning the duke , p. . his speech at the adjournment of the parliament , p. . a particular of what laws he then passed , p. . desires a match with france , p. . which he concludes , ibid. and the articles are sworn unto , ib. he gives a commission and oath to count mansfield , p. . he dies of a fever , p. . his character , p. , , . &c. his letter to pope clement , p. jermyn sir thomas , p. iesuites , . a. , . letter concerning the parliament , p. , iudges opinions , p. , , , k. keeper lord , vide coventry . keeper lord , vide williams . kensington lord sent into france in order to a match , p. king charls vide charls . king james vide james . knighthood , p. knightly captain , p. knolls sir robert , ibid. l. lamb dr. killed by a tumult in london streets , p. lamb sir john , p. laud dr. p. , , , , , , , , , , , , , libels cast abroad against him , p. lenthal mr. p. littleton mr. p. . ap. loan money , p. , , , a list of the gentry imprisoned about loan money , p. , london city required to lend one hundred thousand pounds , p. . they dispute it , ibid. a letter to them about dr lamb , p. . long mr. brought upon a habeas corpus , p. . his case in star-chamber , p. . ap. lukenar mr christopher , p. m ▪ mainheim taken , p. mallory mr. p. mansel sir robert sent against algier , p. mansfield count raises an army of twelve thousand men , p. . a list of some of his regiments , p. . their miscarriage at sea , p. manwaring dr. his two sermons concerning the loan , p. . mr rous speech against him , p. . the commons declaration against him , p. . mr pim's speech thereupon , p. . the sentence against him , p. . his submission ▪ p. . his sermon suppressed by proclamation , p. , pardoned , p. . and advanced , mason mr. p. . app. , , martyn sir henry , p. , , , matthew sir toby , p. may sir humphry , p. melvyn mr. p. michael sir francis sentenced . p. mompeson sir giles imprisoned , p. . sentenced , p. , . morgan sir charls , p. , morton sir albertus , p. montague , p. , , , , . advanced to a bishoprick , and his apello caesarem called in , p. . pardoned , p. murrey mr. p. , n. neal dr. bishop of winchester , p. netherlands appear ready to imbrace the antient union with england , p. . six thousand english sent thither , p. nobility , p. noy mr. upon a habeas corpus , p. , , . concerning tonnage and poundage , p. . about customs , p. . o. olivares conde his letter conc●●ning the match , p. , , , , , p. palatinate . a war breaks forth in germany , p. . the emperor adopts ferdinando to be king , p. . the evangelicks assemble at prague , ibid. the first occasion of the troubles in bohemia , ibid. the evangelicks o●●er violence to the emperors council , p. . and put forth a declaration , ibid. the emperor publishes a manifesto in contradiction thereof , ibid. both parties a●● , p. . a blazing star appears , ibid. the emperor matthias dies , p. . a cessation of arms proposed , ibid. the evangelicks oppose the chusing of ferdinando to be king , ibid. bethlem gabor joyns with the evangelicks , p. . the palatine craves king james his advice , ibid. accepts the crown before he receives an answer , ibid. king james dislikes the action , p. . the king of poland aids the emperor , ibid. the palatine proscribed , p. . king james assists the palatine with one regiment , ibid. the evangelicks chuse a generalissimo , ibid. king james dislikes the war , ibid. an army of thirty thousand raised under spinola , ibid. marches towards bohemia therewith , p. . the protestants discouraged upon the approach of the army , ibid. the elector of saxony executes the ban against the palatine , ibid. the battel at prague , p. . an order of the king and council to recover the palatinate , ibid. the princes of the union decline the palatine , p. ▪ palatine propounds a peace , ibid. protestant towns reconciled to the emperor , p. . the emperor proceeds to execution of divers protestants , p. . the emperors reply to the lord digbies demands , p. . the duke of bavaries answer , ibid. the emperors answer to don balthazar , p. ▪ the palatine spoiled of his hereditary dominions , p. . king james offers terms on the palatines behalf , and the emperors answer , p. . an order of the council to raise moneys for the palatinate , p. . heidelburgh besieged , p. . and taken , p. . manhe●● taken , p. . no good intention in the emperor , nor king of spain , as to the palatinate , p. , . frankendale blocked up , p. . the electorate conferred upon the duke of bavaria , ibid. the protestant princes plea for the palatine , p. , . sir dudley carlton concerning the palatine , p. . the palatine labors to engage prince charls against the marriage with spain , p. . king james puts the palatine in hope by a proposal of new terms , p. . king james demands the town of frankendale , deposited in the arch-dutchess hands , p. . a monument erected for two brothers , [ fairfaxes ] slain at frankendale , ibid. an army under count mansfield , raised for the relief of the palatinate , p. . a list of the regiments for the palatinate , p. . the miscarriage of the army , pag. . the parliament meets , p. . adjourned , p. . their declaration on behalf of the palatinate , p. . meet again , p. . their petition and remonstrance to the king , p. , , &c. king offended thereat , p. . they notwithstanding send the petition , p. . a second parliament meets , p. . sir thomas crew chosen speaker , p. . they justifie the duke in his narrative , p. . and advise the king not to proceed in the two treaties of the marriage , and the palatinate , p. . give the king three subsidies and three fifteens , p. . a parliament called again , p. . kings speech in parliament , ibid. the lord keepers speech , p. . sir thomas crew chosen speaker , ibid. two subsidies granted , p. . parliament adjourned to oxford , ibid. where they insist upon grievances , p. . and again question montague , ibid. are moved by the king to hasten supply , p. . present a petition to the king against recusants , p. . and fall upon grievances , p. , . they are dissolved , p. . a particular of what acts ●●●sed the first session of this parliament , ibid. a second parliament meets , p. . lord keepers speech , p. , . sir hennage finch chosen speaker , p. . his speech , ibid. they fall upon grievances , p. . and again fall upon montague , p. . a report of the cause of evils and remedies , p. . several messages from the king , p. , . doctor turners queries in parliament , p. . his explanation , p. . his letter , p. . causes of grievances again opened in the house , p. , . three subsidies and three fifteens voted , p. . debate concerning the duke resumed , ibid. the kings and lord keepers speech concerning him , p. , . a list of the moneys disbursed for the war delivered to the commons , p. . the commons present a remonstrance to the king , p. . and send a message to the duke , p. . afterwards prefer an impeachment against him , p. . managed at a conference by eight members , p. , , , &c. their message to secure the duke , p. . discontented at the commitment of sir john elliot , p. . their protestation concerning him , and sir dudley diggs , p. , . a great contest in the house of peers , concerning the imprisonment of the earl of arundel , p. , , &c. the commons dissatisfied that the duke is chosen chancellor of cambridge , p. , . the lords petition to the king to stay the dissolving of the parliament , p. . a commission to dissolve the parliament , p. . the commons remonstrance , p. , , &c. the kings declaration against the commons remonstrance , appendix p. . a speech to the parliament without doors , p. . a grand committee setled , p. . debates in parliament , as to grievances , p. . the parliament debates the business of the habeas corpus , p. . arguments about it , p. , , &c. a conference about the petition of right , p. . their petition about the billeting of soldiers , p. . archbishop abbot his speech concerning the petition of right , p. . propositions tendered by the lords instead of the petition of right , p. . the commons dissatisfied with the propositions , p. . they meet the of january , p. . make enquiry about the petition of right , and the violation thereof , ibid. a report from the committee concerning religion , p. . the vow of the house of commons , p. . several debates about tonnage and poundage , ib. the king commands the speaker not to put the question , p. . debates thereupon , ibid. the speaker held in the chair , ib. the king sends the usher of the black-rod , and he is not admitted , ibid. the king grants warrants to apprehend several members of parliament , p. . his speech at the dissolution of the parliament , p. . members of parliament are examined before the lords of the council , ibid. questions propounded by the iudges concerning the imprisoned members . ibid. paul sir george , p. pembroke earl , p. pennington captain , p. , , petition of right p. , perrot sir james , p. phillips sir robert , p. , , , , , plague increaseth in london , p. number of them who died anno . popes assent to the match , p. . his letter to the duke of buckingham , p. . his dispensation comes clogged , p. . pope urban to king james , p. . to prince charls , p. preachers directions concerning them , p. , . proclamation against preaching and disputing , p. privy-seals , p. projects for raising money , app. proxies in the house of peers , p. puritans , p. , a. . described by sir jo. lamb , p. , pym mr. p. , , , , q. queen anne dieth , p. r. rawleigh sir walter his life sought by gundomar , p. . and is sacrificed to satisfie spain , p. . a letter concerning him , ibid. romish recusants immunities granted to them , p. . the king sollicited for favor to them , p. , . a petition and remonstrance against them , p. , . the kings answer thereunto , p. . the king shews further favor to them , p. . excused , p. . articles in favor of them , p. . pope urbans letter on behalf of the romish religion , p. , . they promote the match with spain , p. , , king james his letter concerning a petition against them , p. . the petition it self , p. . the kings answer to the petition , p. . recusants taken at clerkenwell , p. . a conference against them , p. . debates in parliament against them , and priests arraigned at newgate . p. . petition of right . p. , . rhee island , p. , . several passages there , p. , , . richardson sir thomas , p. . rich●●● sir nathaniel , p. , , rochel , p. , , , , , , , rolls merchant , p. , , rous mr. p. . his speech concerning religion , p. . rudyard sir benjamin , p. , , s. sackvile sir edward , p. , , sectaries p. a. selden mr. p. , , , , , , , . brought upon a habeas corpus p. , . seymor sir francis p. . sherborne mr. sherland master p. , , &c. sheriffs oath excepted against , pag. . ship vantguard employed against rochel , p. . ships to be set out by port towns , pag. . ships arrears for fraight , pag. . sibthorp dr. complains against the puritans , p. . his sermon concerning loan , p. . see , . smith richard , bishop of calcedon , sent into england , p. , , . soveraign power , p. a. , , , , , , , &c. spain vide digby . speaker vide crew sir thomas . finch sir hennage . finch sir john. spinola p. , . stafford captain , p. . star blazing appears , p. . opinion thereupon ibid. star-chamber informati●● against members of parliament , p. . order there concerning the duke , p. . stroud mr. brought upon a habeas corpus p. . appendix , p. . t. term adjourned to reading , p. . turner dr. a physitian his queries , ibid. his explanation , p. , . v. valentine mr. his case , append . vassal mr. his goods seised on about custom , p. . proceeded against in star-chamber , ibid. his plea to the information , ibid. votes for reparation , appendix , vere sir horatio , p. , , . villers sir edward , p. . undertakers ibid. w. walter sir william . pag. . wandesford mr. p. , , . warwick earl sent to secure langor-point p. . wentworth sir thomas p. , , , , , . weston sir richard , p. f. , , , , . made lord treasurer , p. . williams dr. sworn keeper of the great seal , p. , , . excuses the kings favor to recusants , p. , , , , , . refuses to proceed against the puritans , p. . a passage of the information in star-chamber against him , p. . wilmot captain , p. wimbleton viscount , p. y. yelverton sir henry accused by the commons , pag. . his speech thereupon , ibid. at which king james is offended , p. . his particular answer in serie temporis , ibidem . king james again offended with him , p. . his sentence and restauration , p. . z. zuinga don balthazar , pag. , . finis . a catalogue of such books as are printed for , and sold by mr. george thomason at the rose and crown in st. pauls church-yard . sancti johannis chrysostomi opera graecè octo voluminibus etonae . folio . purchas his pilgrimage or relations of the world , and the religions observed in all ages and places discovered , from the creation unto this present ; containing a theological and geographical history of asia , africa , and america , with the islands adjacent , &c. by samuel purchas . folio . hakluytus posthumus , or purchas his pilgrimes , containing a history of the world , in sea voyages , and land travels by englishmen and others . by samuel purchas , in four volumes , folio . the history of the parliament of england , which began november the third , . with a short and necessary view of some precedent years . by thomas may esq folio . the text of the new testament of jesus christ , translated out of the vulgar latine by the papists of the traiterous seminary of rhemes . whereunto is added the translation out of the original greek , commonly used in the church of england , &c. by w. fulke , d. d. and sometimes master of pembroke-hall in cambridge . folio . the history of the reformation of the church of scotland , containing five books , together with some treatises conducing to the history . by iohn knox. folio . two treatises : in the one of which , the nature of bodies ; in the other , the nature of mans soul is looked into . in way of discovery of the immortality of reasonable souls . by sir kenelme digby . folio . histoire de l'entre de la reyne mere du roy tres chrestien dan● les provinces vnies des pays has avec des figures . histoire de l'entre de la reyne mere du roy tres chrestien dans la grande britaigne avec des figures par le sieur de la serre , historiographe . folio . ad serenissimum jacob●m primum britanniarum monarcham , ecclesiae scoticanae libellus supplex , authore jacobo melvino . quarto . polycarpi & ignatii epistolae unà cum vetere vulgata interpretatione latina , ex trium manuscriptorum codicum collatione , integritati suae restitutae ; quibus praefixa est iacobi vsserii archiepiscopi armachani dissertatio . quarto appendix ignatiana in qua continentur , . ignatii epistolae genuinae , . ignatii martyriam à philone agathopode & aliis descriptum , . tiberiani plinii secundi , & trajani imp . de constantia martyrum illius temporis epistolae , . smyrnensis ecclesiae de polycarpi martyrio epistola . . in ignatii & polycarpi acta , atque in epistolas etiam ignatio perperàm adscriptas annotationes iacobi vsserii armachani . quarto . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 clementis ad corinthios epistola prior. patritius junius ex lateris reliquiis vetustissimi examplaris bibliotherae regiae , eruit . quarto . purchas his pilgrim microcosmus , or the history of man , relating the wonders of his generation , vanities in his degeneration , necessity of his regeneration ; meditated on the words of david , psal. . . by samuel purchas . octavo . saint augustine his enchyridion to laurence , or the cheif and principal heads of all christian religion , the second edition . twelves . theologia naturalis , sive liber creaturarum specialiter de homine & de natura ejus , in quantum homo & de his quae sunt ei necessaria ad cognoscendum deum & seipsum , & omne debitum ad quod homo tenetur & obligatur tam deo quàm proximo . authore raymundo de sabunde , octavo . frederici spanhemii epistola ad nobilisstmum virum davidem buchananum , super controversiis quibusdam quae in ecclesiis anglic●nis agitantur . octavo . the works of edward reynolds , d. d. containing three treatises , of the vanity of the creature , sinfulness of sin , the life of christ. an explication of psal. c x. meditations on the sacrament of the lords supper . an explication of the fourteenth chapter of hosea . a treatise of the passions and faculties of the soul. collected in folio . divers sermons preached upon several occasions by edward reynolds , d. d. quarto . a treatise touching the peace of the church , or an apostolical rule how to judge aright in differences which concern religion . published by authority . quarto . a treatise of use and custome . by mer. causabon . d. d. quarto . deus , natura , gratia : sive tractatus de praedestinatione , de meritis & peccatorum remissione , sen de justificatione , & denique de sanctorum invocatione , reliquiarum & imaginum veneratione , de indulgentiis & purgatorio , & sub finem de excommunicatione . accessit paraphrastica expositio reliquorum articulorum confessionis anglicae . per fr. franciscum sancta clara. octavo . apologia episcoporum , seu sacri magistratus propugnatio . multa multorum vocibus ventilantur , & mendacia adversus sacerdotes dei , de diaboli ore prolata , ad rumpendam catholicae unitatis concordiam ubique jactantur . authore francisco à sancta clara. octavo . notes, typically marginal, from the original text notes for div a -e king iames much desired to match his son henry with a daughter of spain . after prince henry's death the king propounded a match with france . in this interim the spaniard gives the overture of a match . sir digby's advice to the king in that matter . gondomar mannages the treaty on the spaniards part . the english navie neglected . the cautionary towns rendred to the hollander . the spaniard proceeds not sincerely in the treaty . articles of religion agreed upon between the kings of england and spain . the people of england averse from the march : the catholicks desirous of it . gondomar contrives the death of sir walter rawleigh an enemy to spain . a war begins in germany . both parties , protestant and catholicks , grow jealous , and each enter into league . the emperor matthias adopts his cousin-german ferdinand . for joy of this adoption , the catholicks keep a jubilee and the protestants another in memory of luther . an assembly of the protestants and states of bohemia at prague . the first occasion of the troubles of bohemia . a ryot committed by the protestants in the castle of prague . the protestants put forth a declaration . the emperor disgusted with the declaration . he publishes a manifesto . both parties arm. a comet appears at this time . king iames ingages not in these troubles , flattering himself with the spaniards seeming forwardness to effect the match . a letter from a great minister of state to mr. cottington . nov. . queen anne dieth . matthias the emperor dies . a cessation of arms proposed by ferdinand is refused . king iames interposes by his ambassador the viscount doncaster . the elector palatine sends an ambassador to oppose the election of ferdinand . the bohemians chuse the palatine for their king. bethlem gabor makes a union with the protestants . the palatine craves the advice of king iames , touching his accepting the crown . before answer came he had accepted it . king iames disavows the act ▪ and ●●●ars himself of it to the king of spain● the king of spain testifies his resentment of viscount doncasters proceedings in germany . the king of poland aids the emperor . ferdinand publishes a proscription against the palatine . prince anhalt generalissimo of the bohemians . marquess ansbach commands the forces of the princes of the union . kings iames will not engage in the war , sends sir walter aston ambassador into spain to negotiate the march , and gondomar returns . great immunities promised by king iames to the catholicks . iacob . . a great army levied in flanders under the command of spinola . a regiment under the command of sir horati● vere sent from england . the protestant states of austria renounce the confederacy of the bohemians . the elector of saxony assists the emperor , and executes the ban against the palatine . spinola prevails much in the palatinate . the armies take up their winter quarters . a letter of the duke of buckinghams to gondomar touching king iames his bent to the german war. octob. . frederick's forces totally routed in the battel at prague . his calamity joined with loss of honor. an order at the council-table for recovering the palatinate . the spaniards flatter the king. private instructions to the spanish ambassador into england . the king calls a parliament . the protestant union declines in germany . the palatine propounds a peace to the elector of saxony . the king puts forth a proclamation forbidding discourse of state-affairs . the kings speech to the parliament . * buckingham . the lo. digby sent ambassador into flanders , and mr. gage to rome . the palatine and his princess go into holland . the emperor proceeds severely with the bohemians . imperial protestant towns reconcile themselves to the emperor , and intercede for the palatine , but in vain . grievances proposed in parliament . sir giles mompesson imprisoned , but escapes beyond sea. iac. an. . the kings speech to the lords . sentence given against sir giles mompesson . and sir francis michel his compartner in projects . lord chancellor bacon accused and convicted of bribery . sir henry accused by the commons . gondomar reviled and assaulted in london streets . sir rob. mansel sent into the mediterranean sea. the emperor calls in question the authors of the commotions in bohemia . the king intends to adjourn the parliament . the commons take it not well . the king resents it . the commons declaration touching the palatinate . the king by proclamation reforms the late grievances handled in parliament . puts forth another proclamation against talking of state-affairs . the king is sollicited from spain to enlarge his favors towards catholicks . the chief heads of the lord digby's embassie to the emperor . the emperors reply to those demands . the l. digby's second proposal to the emperor . the emperors answer . the english ambassador goes to the duke of bavaria . the emperors letter to don baltazar de zuniga . the parliament begins again , nov. . the substance of the lord keepers speech . lord digby's speech . lord treasurer's speech . the commons petition and remonstrance to the king. at this time the protestants are ill treated in france . the kings letter to sir tho. richardson . the commons send the remonstrance accompanied with another petition . the kings answer to the later petition . the lord keepers judgment touching the kings sharp answer . the lo. digby to the peers . the commons protestation . the king takes the protestation out of the journal-book with his own hand . in the mean time the king dissolves them . some eminent members of the parliament in prisoned . others sent for punishment into ireland . the council write to judges concerning such as speak of state affairs . the palatine spoiled of his hereditary dominions . the terms which king iames desires the emperor to accept in behalf of the palatine . the emperors answer to king iames , ian. . . king iames to philip the fourth of spain . king iames his letter to the king of spain . prince charls to the king of spain . king iames his letter to the lord balthazar of zuniga . the privy council by the kings command issue out an order for raising money for the defence of the palatinate . archbishop abbot not relished at court , an advantage taken against him . bishop laud suspected to incline to popish tenents while he was of oxford , as appears by a notable passage . the arminians begin to be favored by the king , by means of bishop laud. favors shewed to recusants by the kings order . iacobi . . the lord keepers letter excusing the kings favor towards papists . the kings letter to the archbishop for regulating the clergy . directions concerning preachers . the new k. of spain , philip the fourth , procures the popes assent to the match . the infanta cools in t●e palsgraves business . the pretended obstacles of the treaty removed . heidelburgh besieged . new conditions demanded of the king before the pope gives a dispensation . the kings answer to the said demands . the king sends his resolution to digby in spain , now made earl of bristol . likewise a letter was ●ent to ●ondomar , 〈◊〉 recalle● into spain . the answer to the memorial presented by the earl of bristol to the spanish king. bristol gives the king hope of the match . heidelburgh taken . the king provoked , sends his former resolutions with anew dispatch into spain . in the mean time manheim is taken . the emperors intentions to king iames not good , nor the king of spains , witness his letter to conde olivares . olivares answer . bristols answer from the king of spain ▪ the popes demands signed by the king and prince . frankendale block'd up by papenheim . the king writes to bristol . the electorate conferred upon the duke of bavaria in the diet at ratisbone . the protestant princes plead for the palatine's restitution . the catholick princes reply the protestants reassume the argument . the emperor takes up the debate . sir dudley carlton resident at the ●●gue , sends his judgment of the matter to the marquis of buckingham . the prince and the marquis of buckingham go to spain . buckingham visits olivares , and by him is conducted to the king. orders for the prince's entertainment . the prince sees the infanta . is entertained honorably by the king. makes his entrance publiquely into madrid . the king sends the prince two golden keys . the grandees are commanded to attend his highness . the marquis of buckingham made duke . the people talk , that the prince is come to change his religion . endeavors to make the prince change his religion . * quare apostoli●is literis hortamur catholicam majestatem , ut eum principem redigere suaviter conetur sub romanae ecclesiae ditionem , cui veteres magnae britanniae domini , coronatum caput , & imperii fasces ( coelo plaudente ) submiserunt . quare te monemus , ut ad catholicum regem religiosus consiliarius accedas , easque rationes despicias quibus insigne aliquod beneficium britanniae regnis & romanae ecclesiae in praesenti rerum opportunitate comparetur . res ipsa magna atque gravissima est ; quare eum verbis amplificare non debemus ; regnum coelorum britanniae principi patefacere , regnum britanniae sedi apostolicae restituere incipiet , qui regii istius adoloscentis animum catholicae religionis studio inflamaverit , atque haeriticae impietatis odio impleverit , &c. the pope's letter to the prince of wales . there is another copy of the princes letter to the pope , published by several hands , somewhat different from this . allurements to make the prince change his religion . the prince stedfast in his religion , is not well dealt with in his address to the infanta . the dispensation is at last procured . the dispensation comes clogged . olivares proposes ways of accommodation . the king of spain proffers to engage himself on the behalf of the king of england and the prince . his ghostly fathers approve his intentions . the match is declared publickly . the archbishops letter to the king against toleration of popery . articles sworn to by the king , prince , and privy council . the oath . private articles sworne to by the king in favor of roman catholicks . a difficulty concerning the popes title on the kings part . another on the ambassadors part concerning prayers in the kings chappel . a titular bishop of calcedon sent into england . preparations for conducting the infanta into england . no mention made in the capitulations of restoring the palatine . mr. allured his letter to the duke . the french jealous of this conjunction . pope vrban to k. iames. pope vrbans letter to prince charls . the treaty begins to tend to a rupture . the prohibition to the judges and bishops , in behalf of the catholicks suspended . some of the english in spain , dislike the match and religion . the duke disgusted in spain . buckingham and bristol run different ways . the palatine by his secretary labors to engage the prince against the marriage . the spaniard continues new delays . the english papists perplexed . the prince ready to depart from the court of spain , leaves a proxy with the earl of brist●l . the duke and olivares part not friends . the prince universally ●steemed . his departure solemn . the prince feasted the dons aboard his ship , and bringing them back again to the shore , a storm surprises them . expressions of joy for the princes safe return into england . private instructions delivered to bristol , contrary to the proxy . bristol in a letter gives the prince a good account of the business . king iames falls off , and for a condition of the mariage , demands the restitution of the palatinate . bristol and as●●n demur upon the new instructions . sir walter aston endeavors to reconcile the d●ke to spain . advice to the king touching the duke . the earl of bristol is commanded by the king to follow the new instructions . king iames puts the palatine in hope , by proposal of new terms . the palatines answer to those terms proposed by the king. the netherlands appear ready to embrace the antient union with england . the ratifi●●●ication come from the new pop● ; and when all is ready for the e 〈◊〉 ls , th●n is the ma●ch dasht by order from england . bristol sends his apology to k. iames for having demurred upon the new instructions . olivares offers bristol large preferments in the kings name , when he was to take his leave . bristols answer to those profers . the spaniards prepare for a war with england . the l. kensington sent ambassador into france to feel the pulse of that court touching a match , renders an account of his acceptance . the king advised to call a parliament . the kings speech to the parliament . the king approves sir tho. crew for speaker , who made this speech . the dukes narrative . both houses of parliament justifie the duke in his narrative . his majesties answer to that justification . both houses of parliament concur , that the king may not honorably proceed in t●e treaty of the prince's marriage , and the palatinate . the kings speech 〈◊〉 parliament perswa●●●● him to break off the two treaties of the match and of the palatinate . sir edw. sackvile's speech . sir edw. sackvile's speech . the parliaments answer to the kings speech . the parliament offers his majesty three subsidies and three fifteens , if he break off both treaties . his majesties reply . the king declares his resolution to dissolve the treaties . the king accepts the aid proffered him . king iames his letter to secretary conway , touching a petition against the papists . the petition . his majesties answer to the petition . the spanish ambassadors accuse buckingham to the king of matters of high concernment . the issue of those accusations . the earl of bristol protests against the dukes narration , is imprisoned in the tower. the speakers and the kings speech at the adjournment of the parliament . kings iames demands the town of frankendal deposited in the archduc●hess hands . spinola marches out of the town , and immediately re-enters . king iames very desirous of a match with france . the match with france concluded . count mansfield arrrives in england ; foot and horse raised to go under his command . scarce the third part of count mansfields army came safe to land. richard smith made bishop of calcedon , and sent into england with episcopal jurisdiction . * the duke of buckingham . instructions to mr drummond . notes for div a -e the privy-counsellors present themselves to king charles . king charles proclaimed at theobalds . at whitehall . in london . the old privy-council new sworn . the councils advice to the king. proclamation concerning persons in office , &c. proclamation of government . resolution taken by the king concerning king iames funeral , and his own marriage . a parlamen● summoned . king iames funeral . duke of buckingham continues favorite to king charles . religion considered . a general muster . souldiers levied for the palatinate . proclamation against disorders committed by souldiers . articles of the marriage with france , signed by the king. private articles in favor of the catholicks . the marriage solemnized in france . the duke sent into france for the queen . a royal navy sent to bol●ign to transport the queen . the marriage consummated at canterbury . the trained bands of kent commanded to attend the queen . the king and queen come to london . a chappel built at somerset-house for the queen . a great plague in london . the parliament opened . the kings speech in parliament . the lord keepers speech in parliament . sir tho. crew speaker . debates in the house of commons . a fast. committees chosen . message to the king , touching religion and his answer . mr. montague brought to the bar. the arminian party assert his cause . the king takes montagues busin●●● into his own hand . two subsidies presented to the king. the king accepts them , and desires more . a short answer to the petition touching religion . the parliament adjourned to oxford . the exchequer removed to richmond . the vantguard and seven other ships employed against rochel . the parliament meets again at oxford . grievances . mr. montague summoned to appear . his cause recommended by the bishops to the duke . the appeal to caesar disputed . the kings speech in christ-church . lord conway and secretary cook , by the kings command , declare the present slate of affairs . lord treasurer proceeds in that subject . debates in the house of commons , touching the present state of affairs . complaints against papists favored , notwithstanding the kings answer to the petition against them . the petition concerning religion , together with his 〈…〉 the duke renders an account to both houses of the fleet. he speaks by way of objection and answer . * the earl of bristol . the dukes relation accasioned variety of opinions in parliament . the kings message to the commons . debates upon the kings message . the commons declaration . the parliament dissolved . the king follows his design of war. the kings proclamation to recal home children of recusants . the kings letter to the lieutenants for the loan of money upon privy-seals . privy-seals issued forth to certain persons . warrants for disarming recusants . letters directed to lords recusants . concourse of papists prevented . viscount wimbleton commander in chief in the voyage to cadez . lord cromwels letter to the duke touching the fleet. the earl of warwick secures langer-point in essex . english and dutch fleet before dunkirk dispersed by a storm . the general examined before the council . the soldiers commanded not to disband trade prohibited with spain . trained bands exercised . part of michaelmas term adjourned . the term at reading . hopes of a parliament . sir edward cook high sheriff , his exceptions to the sheriffs oath . the seal taken from bishop will●ams , sequestred formerly , and given to sir thomas coventry . a parliament summoned . recusants to be excommunicated . the king resolved to leave mr. montague to the parliament . preparations for the kings coronation . a proclamation for all that have forty pound per annum to come and receive the order of knighthood . a thanksgiving for the plagues ceasing . number of those who died of the plague . the ceremonies at the kings coronation . archbish. p.p. the kings answer . a second parliament meets . the lord keepers speech . sir hennage finch chosen speaker . his speech . grievances taken into consideration . grievances laid open . articles against mr montague . people prohibited for going to mass at ambassadors houses . the atturney's letter to the judges concerning recusants . the council of war for the palatinate , questioned in the house of commons . the earl of pembroke at a conference presseth supply . reports from the committee concerning evils and remedies . a committee of the lords house , to consider of the safety of the kingdom ; comunicated to the commons . not well resented . the kings letter to the speaker . sir richard westons message . the commons answer to the kings message by sir richard weston . the kings reply . doctor turners queries against the duke . another message from the king by sir richard weston . dr. turners explanation . dr. turners letter to the speaker . sir w. walters opinion of the cause of grievances . sir iohn eliot pursues the argument against the duke . three subsidies and three fifteens , voted . debate concerning the duke , resumed . the kings speech , march . the lord keepers speech . the king proceeds . the duke at a conference explains the kings late speech and the lord keepers declaration . the duke renders an account of his negotiation in the low-countreys . the lord conway vindicates the duke . a list of moneys disbursed for the war. the lords petition touching precedency , chalenged by scots and irish nobles . the lord conways letter to the earl of bristol . the earl of bristols letter to the lord conway . the earl of bristol petitions the house of lords . the petition referred to the committee of priviledges . the kings letter to the earl of bristol . the earl of bristol petitions the lords upon receipt of his writ . a message from the king to the house of lords . the marshal of middlesex's petition touching priests . the commons remonstrance to the king in answer to his majesties , and the lord keepers speech . the house ▪ adjourned for a week . private advice given to the duke . the bishops commanded to attend the king. the dukes answer to a message from the commons reported . glanviles report from the committee . the kings message touching new matter against the duke . the earl of bristol brought to the bar of the lords house . articles against the earl of bristol . the earl of bristols expressions at the time of his accusation . the earl of bristols speech at the bar of the lords house at the delivery of his articles against the duke . he layes open his case to the parliament . the lord chamberlain attests the truth of what the earl had said . the earl proceeds . the earl of bristols articles against the duke . the earl of bristols articles against the lord conway . a message from the king to the lords concerning bristol's articles against the duke . the reasons . the earl of bristols speech by way of introduction , before he gave in his answer . his service to the palatinate when he was ambassador to the emperor . his service to the palatinate before his ambassie to the emperor . his arrival in spain and behavior there . his carriage concerning the match . means to shew that the match was intended by the spaniard . bristol not the cause of the delays in spain . he never disswaded the king to take arms. he advised both king and prince to a protestant match . he never moved his majesty to set priests at liberty . a declaration signed by my lord conway in behalf of roman catholicks . he perswaded not the prince to change his religion . he advised both king and prince , if they will match with a catholick , rather to spain then france , but cheifly to a protestant princess . he constantly professed the protestant religion . king iames proposeth a match to the prince palatine , between his eldest son and the emperors daughter . the earls reasons why he was forward to consummate the match , til warrant came to the contrary . the restitution of the palatinate , promised by the king of spain and olivarez . the advantages of the spanish match to england . the commons articles against the duke . his ingrossing many offices . plurality of offices . his buying of offices . his buying the cinque 〈◊〉 the lord zouch . the first article enlarged by mr. herbert . the second and third enlarged by him . his neglect of guarding the seas . his taking a ship called st peter of newhaven . the fourth article enlarged by mr selden . the fifth articles enlarged by mr selden . his delivering ships into the hands of the king of france . those ships to be used to his knowledge against rochel . mr. glanvile enlargeth the sixth article . mr. glanvile inlarges the seventh and eighth articles . mr. pym enlargeth the . article . the . article enlarged . his imbezling and engrossing the kings money and lands . mr sherland enlarges the ninth article . he enlargeth the twelfth article . the thirteenth article enlarged by mr. wandesford . sir ioh ●ll●●●● speech concluding the dukes impeachment . sir iohn elliot and sir dudley diggs committed to the tower. private suggestions to the king , in behalf of the duke . kings speech concerning the duke . the commons message by sir nath. rich to seeure the duke . the dukes speech against the commons . the commons discontented at the imprisonment of their members . sir dudley carleton's speech . the commons protestation touching words imputed to sir dudley diggs . sir d. diggs released out of prison , protests he never spake the words charged on him . the king is satisfied that the words were not spoken . the duke dissatisfied . thirty six lords protest they heard not the words supposed to be spoken at a conference . s●r iohn elliot is released out of the tower. is charged by sir dudley carlton for his speech against the duke . he dischargeth himself . the lords petition to the king about the earl of arundel , imprisoned in the time of parliament . the kings message to the lords touching the earl of arundel . the lords resolved to maintain their priviledges . a remonstrance and petition of the peers in behalf of the earl of arundel . the kings first answer to the remonstrance and petition . the king promiseth to answer the said remonstrance the lords are urgent for an answer . the king returns another answer to the lords touching the remonstrance . another petition to the king touching the earl of arundel . the king takes exception at the petition . the lords desire to know of his majesty , to what part of the petition he takes exception . the petition presented again , and the word ( present ) left out . the kings answer to the petition so ordered . the kings answer to the petition . another petition of the lords touch● the earl of arundel . the kings answer to this petition . the lords adjourn in disgust till the morrow . his majesties message to the lords . upon this message the lords adjourn for a seven-night . another message to the lords from his majesty concerning the earl of arundel . the lords adjourn again . another message from the king to the lords concerning the earl of arundel . another message to the lords from his majesty . the earl of arundel released comes to the house . the duke chosen chancellor of cambridge during his impeachment . the earl of berk-shire's letter to mr. chester touching votes conferred upon him in the choice of the chancellor of cambridge . the commons answer . his majesties reply . the dukes letter of acknowledgement to the university of cambridge . the kings letter to the said university . the duke of buckinghams speech to the lords house , before he gave in his answer . his answer and plea to the impeachment of the house of commons . his charge touching plurality of offices . his charge touching his buying the admirals place . the charge touching his buying the wardenship of the cinque ports . the charge touching his not guarding the seas . the charge touching the unjust stay of the ship of newhaven , called the st. peter , after sentence . the charge touching his extortion of ten thousand pounds from the east-india company , with the abuse of the parliament . the charge touching his putting the ships into the hands of the french. since the dukes answer delivered into the house , he hath himself openly declared to their lordships , that for the better clearing of his honor and fidelity to the state , in that part of his charge which is objected against him by this seventh article , he hath been an earnest and humble suiter to his majesty , to give him leave in his proofs , to unfold the whole truth and secret of that great action , and hath obtained his majesties gratious leave therein ; and accordingly doth intend to make such open and clear proof thereof , that he nothing doubteth but the same when it shall appear , will not onely clear him from blame , but be a testimony of his care and faithfulness in serving the state. the charge touching his practice of the employment of them against rochel . the charge touching the compelling the lord r. to buy honor. the charge touching his selling of places of judicature . the charge touching his procuring of honors for his poor kinred . the charge touching his exhausting , intercepting and mis-employing the kings revenue . the charge touching his transcendent presumption in giving physick to the king. the kings letter to the speaker touching speedy supply to his majesty . the commons petition to the king concerning recusants . the commons answer to his majesties letter by the speaker * mr glanvile . the kings declaration of the causes of assembling and dissolving the two last parliaments . the king takes notice of the intended remonstrance in a proclamation . another proclamation against preaching or disputing the arminian controversies , pro or con . the king commands an information to be preferred against the duke in star-chamber . the king forbids to solicite any suit prohibited in the book of bounty . the council order all customs to be paid . and forfeitures arising from recusants . a commission to compound with recusants . a proclamation to make the kings revenue certain . the king sends to the nobles to lend him liberally . he demands of the city , the loan of one hundred thousand pounds . the port towns are to furnish ships . the ports of dorsetshire send an excuse . the city of london desire an abatement of their ships . are checkt by the council . privy seals issued out . a fast observed . commissions to deputy lieutenants to muster , try , and array men . inhabitants withdrawn from ports and sea towns , required to return . ships sent to the river of elbe . a fleet prepared . the king of denmarks declaration why he takes up arms against the emperor . a battel between the dane and the emperor . the overthrow of the king of denmark , an inducement to the raising of moneys by loan . a declaration concerning loan-money . private instructions to the commissioners for the general loan . billeting of soldiers . commissions for martial law. the lords to advance the loan . sir randolph crew removed from his place for not furthering the loan . informations sent to the council table against the bishop of lincoln . the bishop refuses to proceed ex officio against the puritans . * meaning the petition against recusants at oxford . puritans described by sir iohn lamb. information in star-chamber against the bishop of lincoln . bishop laud his dream . the interpretation thereof . six thousand english in the service of the vnited provinces . sir charls morgan general of the english forces . some do refuse the loan , though others offered to lend the refusers money , so they would but subscribe . they are ordered to be pressed for soldiers . the refusers to lend were severely deal with . an. . dr. sibthorps sermon concerning the loan . dr. manwaring in two sermons promotes the loan . distastes and jealousies between england and france . the french dismissed . ill resented in france . private transactions to engage in a war against france . the king of great britains declaration concerning a war with france . the duke of buckingham admiral and general . his commission . the duke sets ●ail with the fleet and army . the rochellers are fearful to admit the english. yet call an assembly and heard sir william beechers message . the rochellers still timerous . a well affected party in rochel . the duke communicates his design to sobiez . the duke lands his army at the isle of rhee . a ●ore ●ight at the landing the army stays five days after the fight . a fort neglected to be taken in . the french astonished at the landing of the english. the duke comes before the fort at st. martins . blocks up the cittadel . gentlemen secured and confined for refusing to part with money upon the loan . sir john elliots petition to the king concerning the loan . archbishop abbot in disfavor . the commission to sequester archbishop abbot from all his ecclesiasti●al offices . the archbishops narrative concerning his disgrace at court. his age when this befel him . his indisposition kept him from court , and exposed him to censure . the duke offended with the archbishop , for not stooping to him . the archbishop is foretold of the dukes displeasure . sibthorps sermon for loan money . the dukes design in having this sermon sent to the archbishop to licence it . mr murrey sent from the king with the sermon to the archbishop to have it licenced by himself . the discourse by way of dialogue , between the archbishop and mr. murrey on that occasion . the archbishops reasons why he could not licence it . his majesty returns answer by mr. murrey to those reasons of the archbishop . the archbishop desires bishop laud may be sent to him to treat of that sermon . the archbishop sends his objections to the court in writing against the sermon . bishop laud is employed to answer these objections king iames was a long time offended with bishop laud. he was advance by bishop williams . bishops of durham and bathe sworn of the privy council . mr. murrey brings the answer to the archbishops objections . the archbishop is not suff●red to see the writing , but mr. murrey reads it . sibthorps sermons licenced by the bishop of london . mr. selden . the duke presseth his majesty to have the archbishop sent away before he set to sea. the archbishop commanded to withdraw . the lord conway tells the archbishop the reason why he is commanded to retire . the archbishop writes to the lord conway , to know if his majesty will give him his choice of two houses to retire to . the lord conway 's answer . the reason why the duke was thought to be offended with the archbishop . the archbishop accustomed to hospitality . king iames injoyned the archbishop to live like an archbishop . the duke was not pleased that sir dudley diggs frequented the archbishops house . the archbishop was tutor to sir dudley digs at oxford . the duke was offended that sir thomas wentworth frequented the archbishops house . the archbishop commanded to meddle no more in the high commission . commendations of the high commission court. the high commissioners chargeable to the archbishop . the archbishops infirmity permitted him not to come to the star-chamber , or council-table . the archbishops observation concerning the rise of the duke . various reports concerning the army at rhee . a further supply preparing for rhee , and to be conveyed thither by the earl of holland . the citadel at rhee relieved . sir iohn burroughs slain . toras sends intelligence to the king of france . the rochellers at last declare for england . a treaty for surrender between the duke and toras . the citadel reliev'd again ▪ a retreat resolved on . sobiez against it . the citadel stormed . the army retreats . the enemy engageth the rear of the army . several opinions concerning this expedition to rhe. the misfortune of rhee-expedition , causeth a clamor in the nation . a list of arrearages for freight of ships and sea-mens wages . anne-royal . repulse . assurance . nonsuch . waltspite . adventure . triumph . victory . s. george . s. andrew . rainbow , vantguard . red-lion . s. esperite . gard-land . convecline . antelop . entrance . sir robert cotton's advice touching the present state of affairs . a resolution to call a parliament . order of the council to set at liberty the gentry imprisoned for the loan-money . a parliament summoned . a commission for impo●itions . thirty thousand pounds paid to burlemach to be returned by bill of exchange , to raise forein forces . recusants taken at clerkenwell . a letter from a jesuite concerning the ensuing parliament . the king's speech at the opening of the parliament . the lord keepers speech . sir iohn finch being chosen speaker , made this speech to his majesty . the speech without doors . grand committees setled . petition for a fast . debates touching grievances . sir francis seimour . sir thomas wentworth . sir benjamin rudyard acts the part of a moderator . sir edward cook. mr secretary cook. sir robert philips . * sibthorp and manwaring . * sommersetshire . * scots . secretary cook moves for supply for his majesty . in clerkenwel . thursday march . mr secretary cook tenders propositions touching supply . the house turned into a committee . habeas corpus and the liberty of the subject debated . mr creswel . sir robert philips . sir edward cook. judge whitlock in justification of the proceedings in the upper-bench upon the habeas corpus . judge doderidge the like . mr hackwel resumes the debate of the habeas corpus mr selden . judge andersons reports . sir edward cook. resolves touching the subjects liberty in his person . the kings propositions to the house of commons touching supply . a conference between the lords and commons , managed by secretary cook against recusants . the lord keepers speech at the presenting a petition from both houses against recusants . the kings answer to the petition . . article . . article . . article . . article . . article . . article . . article . . article . debates touching his majesties propositions . sir francis seimor . sir nath. rich. secr. cook. sir john elliot . sir ed. cook. sir thomas wentworth sir henry martin . the house waves , &c. mr. selden . sir t. hobby . sir peter hayman about forein imployment . mr. hackwel sir e. cook. sir thomas wentworth sir john elliot . the king sends a message to the house of s● . cook , touching some words said to be spoken by the duke . debates on the message . friday april secretary brings another message from the king. mr. pym. . subsidies resolved on . mr. secretary cook report the kings acceptance of five subsidies the duke of buckinghams speech at the councel table thereupon . it is ill taken by sir john elliot that the dukes name was intermingled with the kings by secretary cook. sir dudly diggs begins the conference by way of introduction . mr. littleton . mr. selden . sir edward cook. . obj. answ. . obj. answ. his majesties message for non-recess . the message not approved . sir ro. phillips . sir e. cook. sec. cook to expedite subsidies . sir dudly diggs . sir thomas wentworth . mr. secret. cook delivereth another message concerning supply . sir rob. phillips . secr. cook. mr. wandesford . sir humphry may. mr. speakers speech to the king at the delivery of the petition for billeting of soldiers . the petition concerning billeting of soldiers . martial law debated . serj. ashley questioned for some words . archbishops speech at a conference concerning the petition of right . propositions tendred to the commons by the lords , touching the petition of right sir dudley diggs replies to this speech . the lord keepers speech to both houses , concerning supply , by the kings command . sir ben. rudyards speech concerning that motion . a committee ordered to draw up a bill in order to the petition of right mr. secretary cook brings a message to relye on the kings word . sir thomas wentworth the king gives notice to both houses that he intends shortly to end this session . sir john elliot . the speakers speech to the king , in answer to several messages . his majesties answer to the speakers speech . mr. secretary cook brings another message to relie on the kings words . sir john elliot . sir. e. cook. lord keepers speech , communicating a letter from the king. his majesties letter . the lords proposition at a conference , about an addition to the petition of right . the lords addition to the petition of right . mr. alford . mr. pimme . mr. hackwell sir ed. cook sir thomas wentworth mr. noy . mr. selden . mr. glanviles speech at a committee of both houses concerning soveraign power . sir henry martins speech , as to the rational part of the matter of the conference . the lords and commons agreed touching the petition of right . mr. rouse against dr. ed. manwaring . . hen. . . . ed. . . . ed. . . . ed. . . . ed. . . . ric. . . . ed. . . . hen. . . . ed. . . . ed. . . the petition the answer debated . sir jo. elliots speech in the laying open of grievances . some against the recapitulating of grievances . exceptions to sir john elliots speech . more exceptions . sir edward cook. a message from the king to the house of commons , to end the sessions . mr. pyms speech at the delivery of the charge against dr. manwaring . ●udgement given against dr. manwawaring . dr. manwaings submissions . another message from the king. sir robert phillips . sir john elliot . sir dudly diggs . sir nathan . rich. the commons declare that no undutiful speech hath been spoken . mr. wandesford . sir edw. cook declares the duke the cause of all our miseries . mr. seldens advice for a declaration against the duke . several heads agreed on for a remonstrance . a message from the king by the speak●r . another message from the king to the commons . a message from his majesty t● the house of lords . the kings message g●ves the commons more hope then formerly . burlemack called into the house . the petition of both houses to his majesty for a further answer to the petition of right . his majesties second answer to the petition of right . all grand committees to cease . sir edward cooks observations upon the said commission . sir edward cook mannageth the conference between both houses concerning the commission . f●resh debate in the house against the duke . sir iohn elliot . sir henry martin . sir benjamin rudyard . sir thomas jermin . dr. lamb killed . a letter to the city about dr. lambs death . dr. neal , & dr. laud suspected for atminians . mr. selden . the commons remonstrance against the duke . the speaker appointed to deliver the remonstrance . order in star-chamber concerning the duke . the duke desires to clear himself concerning some words . the comission for excise cancelled . mr. selden concerning tunnage and poundage . the commons remonstrance of tunnage and poundage . mr. noy . the k. ends this session in person , and declares the reason . dr. manwarings sermon supp●essed by proclamation . a proclamation and commissi●n concerning composition with recusants . a proclamation against the b●shop of calcedon . romish priests to be sent to wisbitch . jesuites taken at clerkenwell , or acted to be proceeded against . order to search what recusants are about london . sir richard weston and bishop laud advanced . mr. montague advanced , and his apello caesarem called in . preaching and writing , pro & con about unnecessary questions prohibited . a pardon granted to dr. manwaring , & dr. montague . rochel close besieged and relief designed . the duke slain . dr. montague consecrated bishop . rochel again attempted to be relieved , but in vain . the sad condition of rochel at the surrender defects in the relief of rochel questioned . outrages committed by souldiers . advertisement of forreign designes . the king of denmark assisted with forces . the german house disposed of . dr. laud in ●avour with the king. conge d'es●ier for certain bishops . the meeting of the parliament adjourned to jan. . great resort to felton in prison . felton examined before the council . threatned to be racked . the judges opinions taken therein . merchants committed about customs . merchants summonned to the councel table . mr. chambers brought up with a habeas corpus , and bailed . lords of the councel dissatisfied with his bailing . felton brought to trial . confesseth the fact. tenders his hand to be cut off . hung in chains . mr. vassals goods seised on for denying customes . information p●eserved against him . mr. vassals plea to the information . mr. chambers goods seised on for not paying customes . a replevin sued ou● . and superseaded . mr. rolls a merchant . private consultations about the ensuing parliament . the parliament meets , they enquire whether the petition of right be enrolled . what were the violations of the subjects liberties since the last parliament . sir robert philips speech concerning that matter . the matter was referred to a committee . the kings speech to both houses in the banqueting house . the k. sends a message to the house of commons speedily to take tunnag● & poundage in to consideration . but the commons resolv● to proceed in matters of religion mr. rous speech ●oncerning religion . a report from the comm●tee for religion . the remonstrance concerning religion sent back by the king. precedency again given to religion before tunnage and poundage . mr. pyms speech concerning religion . message by secretary cook about tunnage and poundage . sir tho. edm●nds . mr. corriton . an answer resolved to be given to the kings messages sir iohn eliot concerning religion . the commons enter into a vow . both houses petition the king for a fast . his majesties answer . the commons declaration to the king to give precedency to religion . his majesties answer to the commons declaration . debate about the kings d●claration concerning disputes about religion . mr. rolls sitting in parliament was called forth and served with a subpaenâ . debate concerning the same . the mistake of the subpaenâ cleared . a report from the committee for tunnage and poundage . committee mee● ag●n upon tunnage and poundage . mr. noy concerning tunnage and poundage . barons of the exchequer sent unto about staying the delivery of merchants goods . the barons answer . not satisfactory . a report concerning pardons to dr. manwaring , mr. montague ▪ &c. mr. cromwel against the bishop of winchester . a complaint of the no● licensing of books against popery mr. selden concerning printing . debates about increase of popery . secretary cook concerning the priests arraigned at newgate . mr. long a justice of peace examined . sir robert heath his answer concerning the prosecution of the priests . a fast. mr. dawes answer to the commons . mr carmarthens answer . mr. selden . the house in a committee about the customers answer . mr. noy . message by secretary cook from the king about the customers . order by the king and council concelning the costomers . the kings commission to the customers , &c. resolve concerning mr. rolls . debates . sir iohn ellyots speech against particular persons . * lord weston afterwards died a papist . the speaker refuses to put the question . mr. seldens speech thereupon . the speaker again refuseth to put the question . protestation in parliament propounded whilst the speaker was held in his chair . the king sends the usher of the lords house . warrants to apprehend several members of parliament . the kings speech at the dissolution of the parliament . libels cast abroad . members examined before the lords of the council . caroli . anno . questions propounded to the judges concerning the imprisoned members . answer . mr. stroud and mr. long brought upon a habeas corpus . an information in star-chamber against the members . ro. heath . hu davenport ro. bartley . heneage finch . william hudson an information in star. chamber against sir io. elliot , &c. proceedings in star-chamber against mr. chambers . his answer . his sentence . a submission tendred . his refusal . places of scripture mentioned by him . isa. . . ecclus. . , john . . act. . . exod. . . deut. . . mich. . , . ezek. . and . . eccles. . . london . his plea in the exchequer h. . . e. . . h. . . e. . t h. . . h. . . . iune london . order in the exchequer . mr. chambers brought by a habeas corpus his petition to the parliament . his death . mr. selden brought upon a habeas corpus . a letter from the king to the judges . another letter . l' assembli des notables . a letter to the judges . the king confers with some of them . motion to bail the prisoners . an information exhibited in the kings bench against vir iohn elliot , &c. the plea of sir iohn elliot . mr long 's case in the star-chamber . arguments concerning sir iohn elliot . lord chief justice hide . justice whitlock . judgment . judgment pronounced . notes for div a -e the kings declaration of the causes , which moved him to dissolve the last parliament . * here are the passages concerning the members deportment in the house , mentioned in this declaration , which we ●orbear to repeat , in regard the same are at large expressed in the information in the star-chamber before mentioned . a proposition presented to the king how to keep in awe this nation . first to have a fortresse in every considerable town . secondly , to cause high-waies to be made through such townes . thirdly , to choose the souldiers of such fortresses , no inhabitants of the place . . to let none passe through such places without a ticket . . to have the names of all lodgers taken by inkeepers . the expence of these forts . to impose an oath on the subjects . meanes ●o increase the king's revenewes . to demand a decima of mens estates . to buy out all leases upon the crown-lands . to take the salt into his majesties own hands . to demand a rate for sealing the weights every yeare . to demand an impost for wools. to put a tax upon every lawyers fee. to put a tax upon inns and victualling-houses for a license . to put a tax upon all car●le , flesh , and horses sold in the market . to put a tax upon all lands alienated . to demand a rate upon all offices in his majestie 's grant . to reduce his majesties houshold to board wages . to demand a rate for license to eat lacticinia . to take an imposition upon the catholicks lands at the prince his marriage to make earls in principi , & to pay for it . and barons to be made earls . to make rich men titulate , and they to pay for the titles . to make gentlemen of low quality , and rich farmers , esquires . mr. stroud esq brought to the kings-bench-bar , upon a habeas corpus . also walter long esq. mr. mason of lincolns-inn , his argument for mr. long. serjeant barckley his argument against stroud and long. serjeant davenport's argument against stroud and long mr. littleton's argument for mr. selden . see fortoscue , f. . the which was not cited - there never sedition , strife , or murmur is heard . sir rob. heath , the kings atturney generall , his argument against mr. selden . an information exhibited in the king's bench against sir iohn eliot and others . mr. mason's argument for sir john eliot . mr. calibrop's argument for mr. valentine . camden's brit. . . object . . object . . object . . object . . object . . object . . object . . object . sir rob. heaths argument against sir john elliot . notes for div a -e car , jac. . car. . by the protector. a proclamation commanding all persons who have been in arms, or assisted in the wars against the state, to depart out of the cities of london and westminster and late lines of communication, on or before the twelfth day of september instant. england and wales. lord protector ( - : o. cromwell) this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing c thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) by the protector. a proclamation commanding all persons who have been in arms, or assisted in the wars against the state, to depart out of the cities of london and westminster and late lines of communication, on or before the twelfth day of september instant. england and wales. lord protector ( - : o. cromwell) england and wales. council of state. sheet ([ ] p.) printed by henry hills and john feild, printers to his highness, london : . dated at end: given at whitehall the . day of september, in the year of our lord, . in consequence of the meeting of parliament all malignants are to leave london, &c., before september next and not to return for six months, on pain, &c.--steele. reproduction of the original in the british library. eng exile (punishment) -- england -- london -- early works to . royalists -- england -- london -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no by the protector. a proclamation commanding all persons who have been in arms, or assisted in the wars against the state, to depart out of t england and wales. lord protector c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion op blazon or coat of arms ❧ by the protector . a proclamation commanding all persons who have been in arms , or assisted in the wars against the state , to depart out of the cities of london and westminster and late lines of communication , on or before the twelfth day of september instant . his highness foreseeing the dangerous consequence that may arise to the publique , as at other times , so especially now the parliament is so near at hand , by the confluence and freedome of access unto the cities of london and westminster , and places thereabouts , of those malignant and ill-affected persons , who have been in open hostility against the common-wealth , and otherwise adhered unto , assisted , and abetted the common enemy , whose malicious restless spirits ( notwithstanding their often disappointments , through the wonderfull mercy of god , who hath hitherto infatuated their counsells , and also notwithstanding the abundant grace and favour shewed them ) are still working by all the pernicious ways and means they can , to sow seeds of sedition , secretly to undermine the government establisht within this common-wealth , and to raise new troubles in the bowells of these nations ▪ and involve them again in blood and confusion , as is evident by their treasonable books and pamphlets which they continually take the boldness to disperse and publish , thinking thereby to poyson the hearts of the well-affected people , and withdraw them from their obedience ; therefore his highness upon advice with his council , holding it most necessary to restrain the confluence and access of that party , to the said cities of london and westminster and places adjoyning thereunto , doth hereby publish , command and enjoyn , that all persons abiding and remaining within the cities of london and westminster , and late lines of communication ( not under restraint by imprisonment of their persons ) who have been at any time in arms against the state , or adhered unto , or wittingly or willingly assisted , encouraged , or abetted the enemies thereof , do on or before the twelfth day of september instant ( or if any of them be under such restraint , then within five days next after their respective enlargement ) depart out of the said cities of london and westminster , and the late lines of communication and all places within twenty miles thereof ( unless it be the place of their constant habitation and residence for themselves and their families ) as they will answer the contrary at their perills . and that no such person do presume after the said twelfth day of september , to come within the said cities of london and westminster , or late lines of communication , within the time hereafter limited . and his highness doth command the lord maior and aldermen of the city of london , and iustices of peace within the cities of london and westminster , and the liberties , suburbs and precincts thereof . as also within the several counties of middlesex , hertford , essex , kent and surrey , and the several and respective officers of the militia , as well within the said cities and liberties , as the borough of southwark , and hamlets of the tower of london in their respective limits and iurisdictions , to this purpose , to cause strict wards and watches to be kept , and to make frequent and diligent searches for , and apprehend or cause to be apprehended , all and every such person and persons as aforesaid , who shall be found within the said cities or distance aforesaid , after the said twelfth day of this instant september , and forthwith to certifie their names , qualities and other circumstances unto his highness or council , to the end that such offendors may be dealt withall , and proceeded against , as disturbers of the publick peace , and contemners of authority . and all sheriffs , baiilffs , constables , headboroughs , and all captains of guards , officers and souldiers , and others the good people of this common-wealth , are required to be ayding and assisting to the said iustices of the peace , officers and ministers in the due execution of the premisses . and to the end the designs and plots of the said malignant and disaffected party may be the better discovered and prevented ; his highness doth straightly charge and command all and every the said person and persons , so appointed to depart as aforesaid , ( other then such of them as are restrained by imprisonment as aforesaid , or such sickness or infirmity of body that they cannot travel without apparent danger of their lives , or that have such suits in law as inevitably require their personal presence , ) do immediately repair to their several places of dwelling or common abode , or ( not having any certain abode ) to the places of their birth , or where their parents shall be then owelling , and not return untill after the end of six moneths , to be accounted from the time of publishing this our proclamation . and his highness doth admonish all those whom this proclamation doth concern , to be so wary as that his highness have not just cause to make them examples of contempt , which he must and will do , if after the said time limited for their departing as aforesaid , any of them shall be found to stay contrary to his said direction herein . given at whitehall the . day of september , in the year of our lord , . london printed by henry hills and john feild , printers to his highness . . the humble representation of the commission of the generall assembly to the honourable estates of parliament upon their declaration lately communicate [sic] to us, edinburgh, aprile, . church of scotland. general assembly. commission. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing g ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing g estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the humble representation of the commission of the generall assembly to the honourable estates of parliament upon their declaration lately communicate [sic] to us, edinburgh, aprile, . church of scotland. general assembly. commission. gillespie, george, - . p. printed by edward griffin for i.r. ..., london : . wing attributes to george gillespie. reproduction of original in the university of illinois (urbana-champaign campus). library. eng great britain -- politics and government -- - . a r (wing g ). civilwar no the humble representation of the commission of the generall assembly, to the honourable estates of parliament, upon their declaration lately church of scotland. general assembly. commission b the rate of defects per , words puts this text in the b category of texts with fewer than defects per , words. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion the humble representation of the commission of the generall assembly to the honourable estates of parliament , upon their declaration lately communicate to us . edinburgh , . aprile . printed at london by edward griffin for i. r. at the sun in pauls-church-yard . . the humble representation of the commission of the generall assembly to the honourable estates of parliament , upon their declaration lately communicate to us . edinburgh , aprile . seing your lordships have been pleased in your answer to us of the twentie of this moneth to remit us to your declaration to the kingdome , for satisfaction to our eight desires formerly presented to your lordships , as likewise to our other desire concerning applications to bee made to the king as well as to the parliament of england ; and seeing your lordships in the same paper answering our desire to be satisfied in the whole matter , were pleased again to remit us to the declaration , as containing the grounds and resolutions of the parliament on the whole matter . wee have therefore taken to our serious consideration your lordships declaration , to look after satisfactorie answers to these our desires , and to be satisfied on the whole matter : but instead thereof , our feares and dissatisfactions are not a little increased by your lordships declaration . wee shall not search into some particulars in matter of fact , mentioned in the narrative part , neither shall we be curious after the reason , why in so large a declaration concerning publict dangers , duties , and remedies , there is no expression for preservation of monarchicall , government in his majesties posteritie as well as in his own person . to the preface we shall only say this much , that we could have wished your lordships had been pleased to expresse your selves more plainly , who are those obstructers and traducers of your lordships proceedings : those deceivers and abusers of the people , which your lordships ( we suppose ) point at in reference to this kingdome , the declaration being intended for the subjects of this kingdome , whom your lordships call the abused people ; if your lordships meaning be , that the people are abused by the lies and calumnies of malignants , how comes it that so much favour and forbearance is granted to such men ? if any others then the malignant party in the kingdome be meant , we should be glade they were made known . in the first part of the narrative , concerning the necessity occasion and consequence of the conjunction of both kingdomes , we cannot but take notice of that which your lordships say of those common enemies , by whose counsels and practises the composing of differences in the beginning was hindered , and what evils this kingdome might have expected , if these counsels and advices which gave first life and motion to these dissentions , should have been still prevalent , we desire it may not be forgotten who were these common enemies , and whose counsell it was that did prevaile about his majesty in the beginning of these troubles , and whether there ought not to be a jealous and watchfull eye over any such , if even after their joyning in the covenant they be found in a way of compliance with known malignants , and in a way of opposition to such as have been most active and zealous in the cause from the beginning . your lordships adde , that in pursuance of the covenant this kingdom joyned in arms with their brethren of england , and did prosecute these ends till their common enemies were subdued , and most of them brought to such condigne punishment , as the respective parliaments thought fit . we shall heer passe your lordships omitting of the treaty between the kingdomes , which may be thought to have had a neer and immediate influence in reference to the conjunction of these kingdomes in arms , although the covenant was the chief foundation thereof : but whereas your lordships seem to intimate that the cloud of malignancie was then sufficiently dissipat , or at least that the covenant was sufficiently performed in bringing delinquents to such condigne punishment as the respective parliaments thought fit ; we are sory that we have cause to remember what sorbearance , yea , favour and friendship hath been granted to many such : and we are so far from thinking the danger from these former common enemies past and gone , that we still see malignancie upon the one hand , as sectarisine upon the other springing up like roots of bitternesse to trouble , yea , to defile many in these kingdomes . these are the horns which yet push iudah and ierusalem on both sides , the lord prepare such carpenters as may cut off both the one and the other . as for the breaches of covenant which your lordships insist upon in the following part of your narrative , we wish your lordships to remember a passage in the declaration of the generall assembly , and how cautiously they speak of the breach of covenant in england ▪ the words are these , we would not be understood as if we meant either to justifie this nation , or to charge such a sin upon all in that nation ; we know the covenant hath been in diverse particulars broken by many in both kingdoms , ( the lord pardon it and accept a sacrifice ) and we do not doubt but there are many seven thousands in england who have not only kept themselves unspotted and retained their integritie in that bussinesse , &c. that the covenant hath been foully and shamefully broken by as many of the prevalent party of sectaries and their adherents , as ever took the covenant ; is clear and undenyable , and by their meanes hath come the resisting and hindering of reformation , connivance at heresie and schisme , and other things contrary to the covenant ; but it can as little be doubted of , that there are dangerous breaches of covenant by malignants , both at home and abroad ; and your lordships know , true zeale against breach of covenant should strike equally on both hands , beginning to reforme at home . your lordships say well , that the not takers of the covenant are by the joynt declaration of both kingdomes declared to be publict enemies to religion and countrey , and are to be punished as professed adversaries and malignants : but we wish your lordships may not forget to apply that passage of the said declaration to those who have not to this day taken the covenant in england , and that therefore , they may be looks upon by your lordships as common enemies which ought to be suppressed and punished . the laying aside of the covenant out of the new propositions sent to his majesty to the isle of wight we utterly disapprove , and are heartily sorry for it : but we wish there had not been some guiltinesse of this same kinde at home , when it was carried in the committee of estates , that there should be no mention of the covenant in the publick desires sent up in august last to his majesty . and whereas your lordships do enumerate amongst these breaches of covenant that they who ought to be brought to try all and condigne punishment for hindering the reformation of religion , dividing the king from his people , or one of the kingdomes from another , or making any faction or party among the people , contrary to the league and covenant , have been protected and assisted ; we shall heer only desire your lordships to remember , that all this is true of malignants , as well as of sectaries : and for our part , ( whatsoever liberty there be in the manner or circumstances ) wee do not doubt , but the thing itself is necessary , both by the word of god , and solemne covenant , viz. that justice be done and condigne punishments inflicted on all hinderers of reformation and peace , and all who make factions contrary to the covenant , whether they be sectaries or malignants : but if it was sufficient that the most part of the malignants were brought to such condigne punishment , as the respective parliaments thought fit , which your lordships gave us a touch of in the precedent part of your narrative , we leave it to your lordships consideration , whether you do not hereby furnish such a retortion to those that favour the sectaries in england , as that they may plead from that principle in your lordships declaration , that the punishment of sectaries is to be referred simplie to the parliament of england as they think fit , and that your lordships must allow them the same latitude of favour toward the sectaries , as before you have allowed both to your selves and them towards the malignants . your lordships adde as another breach of covenant , that instead of a firme union and peace between the kingdomes , a breach hath been endeavoured , which can not be denyed to be a breach of covenant , and therefore a rock to be the more carefully avoided ; it is our grief that there is also cause to complain of the malignant party at home , as no lesse guilty of endeavouring a breach between the kingdomes . the attemps , injuries , and violences of that party of sectaries against his majesties royall person , and the hard condition he is reduced unto by their means , we are very sensible of : and , as we have often before professed , our prayers and endeavours according to our place and calling , have not been neither shall be wanting for the preservation of his majesties person and authority , in the preservation of the true religion , and liberties of the kingdomes : and we leave it to be pondered by your lordships , whether they that obstruct and hinder the requiring of satisfaction and security from his majestie , in point of religion , before his restitution to the exercise of his royall power , do not upon the matter , and by consequence obstruct and hinder his majesties deliverance and restitution , whereof such securitie and assurance had from his majestie , might be a powerfull and effectuall means . as we know not whom your lordships mean when you speak of such , as had warrand from the parliament of this kingdome , for accesse to his majestie , and yet were debarred , and as no violence nor injurie offered to a publick minister of another kingdome can be excused , so we are informed , that the souldiers act in removing once the earle of lauderdale from wooburn , was not only disclamed , but his lordship often thereafter permitted free accesse to his majestie . your lordships insist upon three instances of the breach of treaties , one of the large treaty , and two other breaches of the treaty , . as to the first , ( which for orders sake we begin at ) we cannot say that it holds forth any convincing clearnes to us ; yea so far as we understand , the thing whereunto the kingdom of england was bound by the treaty , was not insisted upon by the commissioners of this kingdom at london , but ane alternative , for assistance against the rebels by forces or moneys ; after which the parliament of this kingdome made a desire of assistance by moneys , which the parliament of england promised to take into their consideration ; and seeing your lordships in this same declaration wave breaches of treaty in money-matters , even where the money was due by treaty , wee hope your lordships will find it the more inexpedient to insist upon the not obtaining of that assistance by moneys against the rebels , being a way not provided by the treaty . concerning the other two breaches which pitch upon the treaty , . first , your lordships say , that according to the first article of that treaty , the covenant should have been taken by both kingdomes , but that now by the prevalent party of sectaries and their adherents , it is not only laid aside in the new propositions , and no execution of publick orders for taking it throughout the countrey , but many in places of trust have never taken it , neither are urged to take it . certainly such slighting of the covenant is a great sin against god , and a high contempt of the covenant ; and it is very fit that this kingdome should desire the parliament of england to presse it , not only upon persons of trust , but universally on all the subjects of that kingdome : yet we are not convinced of any just ground of war against that kingdome , in that which hath been instanced by your lordships , especially considering that the covenant was taken by the representatives , and other chief corporations in england , whereupon both the generall assembly , and the parliament of this kingdome have frequently mentioned in their acts , letters , and declarations , the union and conjunction of both kingdomes by solemne covenant : neither are we without hopes , if things be carried on in a fair and right way that the kingdome of england may be brought a further length in the performance of this dutie ; whereof we are the more confident , because of the famous and frequent testimonies given to the covenant , and against the errours of the time , by the ministry in diverse provinces in england . as for the last breach , which your lordships conceive to be against the eighth article of the same treaty , . wee heartily wish , that the joint way of applications to the king by both kingdomes once begun , had been continued , and do conceive very much prejudice to the cause by the divided way : only we offer it to your lordships further consideration , whither this breach be not at least disputable , there being no mention at all in that article of proposals , propositions , or bills , but only of cessation , pacification and agreement for peace ; so that it may justly be doubted whether the sending of those proposalls and bills to the king without the consent of this kingdome , hath in it that certainty and clearnesse of a breach of treaty between the kingdomes , as may be a ground of war : and if it be a breach of the treaty for either kingdome singly and dividedly to send propositions to his majestie . we shall crave leave that we may desire to be informed , how this consisteth with that latitude which your lordships leave afterwards in this same declaration in the manner of presenting bills or acts of parliament to the king , for your lordships desire assurance of his majestie to agree to such acts or bills as shall be presented to him by his parliaments of both or either kingdomes , respectivè . we might also insist upon some papers and propositions presented to his majestie from this kingdome at newcastle , and much more upon the pacification concluded there , with his majestie , in reference to the disbanding and removing of the rebels in this kingdome , and that in a single way ( as we conceive ) without the knowledge , and concurrance of the parliament of england . but we shall come to that which your lordships make the result upon all these breaches of covenant and treaties , viz. that they call upon your lordships to a duty to god , your king and countrey , and to your oppressed brethren in england , which your lordships speake more plainly in the next clause , giving us to understand , that those differences or breaches are such , as if not repared by amicable endeavours , may otherwise necessitat this kingdome to engadge in a war , but that first your lordships intend to send the three desires ( next mentioned in the declaration ) to the parliament of england : and this is all the satisfaction we find to our second desire , which was , that according to the treaties it may be condescended upon , and declared by the parliament , what are those breaches of peace which they take to be ae ground of war , and that reparation thereof may be sought . but as we see no breach of peace instanced in the declaration , and as the three breaches of treaties insisted upon by your lordships , seem to be at least debatable ; so we hear nothing of any resolution of parliament , that such breaches as are , or shall be condescended upon by your lordships , shall be made known and sent to the parliament of england , as we expected and they have desired by their commissioners here : only we hear of three desires to be sent to the parliament of england for religion , his majestie and the good and peace of these kingdomes : wee conceive 't is the best and most justifiable way of proceeding , that publick , as well as private injuries be declared and made known to these whom it concerneth to give satisfaction therein . besides all this we fear your lordships will hardly avoid a nationall quarrell against the parliament of england , if the three instances before mentioned be insisted upon as breaches of treaty to inferre a war ; because when the houses were most free , and when there was no such over-awing influence of the sectaries party , even then they did not suppresse the irishes in this kingdome , they did not enforce the covenant on all their officers , much lesse on all english subjects , neither would they then admit that they were oblieged by treaty not to send propositions or bills to the king , without the concurrance of this kingdome . in all this that we have said , it is far from our meaning to assume any judgement of the treaties between the kingdoms ; only because your lordships have remitted us to the declaration , for satisfaction to our consciences , as in other particulars , so in this of the breaches , we have humbly represented to your lordships , wherein we are not clear and satisfied in our consciences , to consent and concurre for our part upon such grounds . and withall , seeing it is not only our desire as messengers of peace , but your lordships prosessed resolution in this declaration that you will assay all brotherly and amicable wayes , for reparing differences and making up breaches , wee recommend it to your lordships serious thoughts , whether it will not be most agreeable to that brotherly way of proceeding between two kingdomes in covenant together , to desire a treaty with the parliament of england , concerning the breaches and demands mentioned in this your declaration , especially seeing the way of treaty was the way thought fit to be used in the years . and . before the kingdomes were joined in covenant ; how much more now , being so conjoined , are all possible and lawfull wayes to be tried for preventing the effusion of more blood . in your lordships first demand which concerneth religion , there are some things where with we can not in our consciences be satisfied , as namely , . because the first two particulars therein contained , viz. concerning the taking of the covenant , and practising of the directory of worship are pressed only upon subjects , which may be interpreted as tending to exempt the kings majestie , not only from taking the covenant , ( which yet was laudably desired in the propositions of both kingdomes ) but from having the directory of worship practised in his family , which was a liberty that his majestie reserved to himself in his late concessions sent to us , and in diverse messages before sent to the houses of parliament at westminster . . we find nothing in this demand of any application to be made at , or about the same time to the king for obtaining assurance from his majestie for his royall consent ; but of this we have expressed our selves more fully in answer to your lordships paper of the twentiethof this month. although this is the second time your lordships cite in this declaration a passage of the joint declaration of both kingdoms , by which all that would not take the covenant were declared to be publick enemies to their religion and countrey , and that they are to be censured and punished as professed adversaries and malignants ; yet we find no such thing declared or resolved by your lordships in this declaration , in reference to those who have not to this day taken the covenant , as that you will hold them all for professed adversaries and malignants . we hope your lordships will not think it just nor equall to presse such a rule upon the parliament of england , except your lordships be pleased to walk according to that rule your selves . . your lordships do simply and absolutly desire , that the confession of faith transmitted from the assembly of divines at westminster , to the houses , be approven ; whereas the act of the last generall assembly , approving that confession of faith , hath in it some necessary cautions , provisoes , and explanations , which as the generall assembly judged necessary to be added in their act , so we do not think that part of your lordships demand as itstands without any such caution to be safe enough : which among other things shewes the danger and inconvenience of your lordships taking resolutions in things concerning religion without our advice and consent , . as we desire that , reformation of , and uniformity in religion , may be endeavoured by your lordships in all fair , lawfull , and brotherly wayes according to the covenant , and heartily approve any such desire as your lordships shall send to the parliament of england , by the advice and consent of this kirk , for injoying the covenant , and for bringing the churches of christ in the three kingdomes to the nearest conjunction and uniformity in one confession of faith , directory of worship , and presbyteriall government ; so we would be very cautious , and tender when such desires are turned into causes of war , if not obtained , which is the present case , as we understand by your lordships expression in the precedent paragraphe . your lordships second demand is . that the kings majestie may come to some of his houses in , or near london , with honour , freedome , and safety , that applications may be made to him by parliamonts of both kingdomes , for attaining his royall assent to such desires as shall be by them presented to him for establishing religion as is above exprest , and setling a well grounded peace . this demand we conceive to be of dangerous consequence to religion and the covenant for the reasons and considerations following , which we humbly offer to be considered by your lordships , . all applications and desires to his majesty for religion are suspended till he come with honour , freedome , and safety to some of his houses , in , or near london ; we know not what length of time this may draw to , or how much danger there may be in the delay . . the establishing of religion here mentioned , as that which your lordships intend to desire of his majestie , is according to that which is above expressed , where we doubt not your lordships referre to your first demand which went before ; whereas the establishing of religion in such a manner as is there expressed , we do not think safe , for the reasons before given . . we conceive that this second demand amounts to no lesse then the restitution of his majestie to the exercise of his royall power before applications made , and desires presented to him , much more before assurance and security had from him , for the setling of religion in the right manner , and according to the covenant . for besides what we have expressed in our last paper presented to your lordships , that this honour , freedome , and safety is conceived by your lordships to be such , as may enable his majestie to effectuat his concessions concerning religion ; and what is that lesse then the exercise of his royall power restored ? this we further adde , that we humbly conceive his majesties honour may comprehend , or may be made use of as comprehending , not only the possession of his revenews , but also the exercise of his royall government : next , being in freedome , he may repare to any part of his dominions in scotland , england or ireland ; and lastly , being restored to be in a condition of safety , he may provide forces for guarding himself against all apprehended dangers , for if guards should be set about him by his parliament , it will be said to be contrary to the condition of freedome : so that being restored to some of his houses , in , or near london , with honour , freedome , and safety , we do not conceive what he shall want of the exercise of his royall power ; considering withall , that neither himself , nor any others will conceive the honour , freedome , and safety to be kingly , and such as becomes his royall person , if he shall want the exercise of his royall power : yet this restitution of his majestie to the exercise of his royall power , before security had from him for settling religion , your lordships know by our eight desires , and otherwayes , is conceived by us to be inconsistent with the safety and security of religion . . if his majestie were once come with honour , freedome , and safety to some of his houses , in , or near london , we know not what influences he may have upon the houses of parliament to obstruct and hinder their presenting of bills to him , for enjoining the covenant , abolishing prelacy , and the book of common-prayer , establishing the confession of faith , directory of worship , and presbyteriall government ; or what strength his majesty so restored may again attain by the assistance of the popish , prelaticall , and malignant party , for a new and bloody war , to the devastation of these kingdomes , and the ruine of our religion and liberties . which things we have the more cause to fear and apprehend , his majesty having declared and professed , that he is oblieged in conscience to emprove all the power which god shall put in his hands , for the establishment of episcopacy . . to insist upon the bringing of his majesty to some of his houses , in , or neer london , before satisfaction and security had from him in point of religion , and in such other things as are necessary for the safety of the kingdomes , could not as we conceive but be an exceeding great discouragement and offence to the presbyterians in england , who will conceive ( if such a thing be pressed upon them ) that the remedy propounded in your demand is worse then the disease . and we have also heard , that the parliament of england , when they were as free as ever they were , would never agree to his majesties comming to london , with honour , freedome , and safety , without security first had from him in such things as are necessary for religion , and the safety of the kingdome . . seing your lordships are oblieged by the third article of the covenant , to defend his majesties person and authority , in the perservation and defence of the true religion , and liberties of the kingdomes ; we conceive your lordships should not demand from , nor presse upon the kingdome of england , his majesties restitution with honour , freedome , and safety , except with that qualification in the covenant , and with a subordination to religion and the liberties of the kingdoms . and how can this subordination according to the covenant be said to be observed in your lordships demand as it stands ; for , if his majesty be brought to some of his houses , in or near london , with honour , freedome , and safety , before so much as applications be made to him for establishing religion and peace , we then leave it to your lordships consciences , whether his majestie shall not be restored to his honour , before jesus christ be restored to his honour , and set upon his throne of government in his church : whether his majesty shall not be in a condition of libertie before the ordinances of christ have a free course , and whether his majesties safety shall not be provided for and secured , before either church , or kingdome can say they are in a condition of safetie . and is this to endeavour the setling of religion before all worldly interests , or rather to make it come after the kings interest ? . we fear that if after so many instructions from the parliament , convention , and committee of estates to their commissioners at london , from time to time , for endeavouring in the first place , the setlement of religion , and then to endeavour the removing of the civill differences , and the restitution of the king , upon his first giving satisfaction in religion and the grounds of a solide peace ; and if after it was declared by this kingdome , ( during his majesties being at newcastle ) that they could not admit of his majesties coming to scotland in freedome , unlesse his majesty granted the proposition concerning the covenant and religion , and gave a satisfactory answer to the rest of the propositions ; likewise , if after such a declaration of the parliament of this kingdome , ianuary . . for his majesties being in some of his houses , with such attendance as the two houses should think fit , untill he give satisfaction in the propositions ; if after all this it be now insisted upon , that his majestie may be restored with honour , freedome , and safety , before such satisfaction had from him , we fear it shall lye as a great scandale upon this kingdome , and as too sensible and apparent a change of their former principales and professions in a point so much concerning the security of religion . . we are very apprehensive , that your lordships urging the disposall of the kings person in england , in such a way as that he may come to london with honour , freedome , and safety , without his majesties giving , or your lordships desiring his majestie to give satisfaction and securitie in religion , and in such things as belong to the safety of the kingdome ( without which there can be no lasting security expected to religion ) as it is a farre different point from the urging of a joint interest in the disposing of the kings person by both kingdomes for the good of both , so it will be judged by most of all parties in england , that ever concurred in this cause , to be so prejudiciall to their nationall rights and liberties , and such an encroachment thereupon ( though your elordships declare you have no such intention ) as that it will unite them all in opposition to this kingdome , and consequently alienate them from the intended uniformity in religion , according to the covenant . as these reasons make us conceive your lordships second demand to import no small danger to religion , so we would not be understood as if we had any thoughts to decline the restoring of his majestie to the same condition he was in , by the agreement of both kingdomes , when he was taken away by a party of the army under the command of sir thomas fairfax , that both kingdomes may freely make their applications to him . concerning your lordships third demand , that the present army of sectaries may bee disbanded , for the ends expressed in the demand , as we think no persons whatsoever fit to be imployed or entrusted in the armies of either kingdome , we have not taken the covenant , and that all sectaries in england that are in armes should be disbanded and disarmed , so we conceive there is also reason for your lordships to foresee , and provide against the danger of the rising again of the popish prelaticall and malignant party in armes , and the rather , because of the late commotions begun by some of them both in england and ireland ; these being also some both in wales and ireland actually in armes , who have discovered and declared their principles and ends to be very malignant ; wherein we are informed they are the more animated and encouraged upon confidence of some agreement between his majestie and this kingdome . it is further to be considered , that this demand being joined with the second , the present army in england disbanded , and his majestie brought to london with honour , freedome , and safety , how easily may all the malignant , popish and prelaticall party in his majesties dominions flock unto him ? which how prejudiciall it may be , his majestie keeping still his principles , is easie to be judged . as for the exceptions added in your lordships demand , to passe the ambiguity thereof , your lordships except from the said disbanding , the garisons necessary to be kept in england and desire that these garisons may be commanded by such , as have or shall take the covenant , and are well affected to religion and government , but do not desire any such thing concerning the garisons themselves ; which may be understood as a tacite confession on your part that all the garisons to be kept in england , may be of such as have not taken nor shall take the covenant , nor are well affected to religion and government , provided that those garisons be commanded by such as your lordships describe . we have but one point more to adde , concerning this third and last demand . for we cannot conceale our feares and apprehensions , that your present resolutions and proceedings , and the entertainment of english souldiers , whereof many are papists and malignants , and some eminent in malignancy , is not the way to further , but to retard and hinder the disbanding of the present army in england , and to frustrate the en● your lordships propose in your declaration for the disbanding of that army . and whereas your lordships declare , that it is not your intention at all to make a nationall engadgement against the parliament and kingdome of england , but for them ; as we shall not presume to speake of the nation 〈◊〉 rights and priviledges of another kingdome , so we cannot see how the principles of your lordships declaration can consist with the first part of our third desire , which was ; that there may be no such quarrell or ground of the war as may break the union between the kingdomes ; for we conceive there are diverse such quarrels in the declaration as fall directly and necessarly upon the votes and proceedings of the houses of parliament , even when they were most free . concerning that which your lordships adde in reference to the latter part of our third desire , and to our whole fourth desire . we humbly conceive , it is very far short of that which is no lesse your lordships du●●y then our desire ; for , 〈◊〉 your lordships only declare against association and conjunction of forces with those who shall refuse to swear and subscribe the covenant , which doth not exclude association of forces with such as neither have taken , nor shall take the covenant , so that they be not urged to 〈◊〉 , and so not reckoned amongst refusers . this we have the more reason to take notice of , because your lordships have before in this same declaration complained that there is no urging of the covenant in england , nor no execution of publict orders for taking of the same . which being so ; how shall your lordships find the malignants in england to be refusers of the covenant , except your lordships enforce it upon them , which we suppose your lordships intend not to do ? . yourlordships do not declare , that if any who have not taken , and shall not take the covenant , may not so much as they that shall refuse the covenant ; if they rise in armes , your lordships will oppose them , and endeavour to suppresse them , only your lordships say , you will not associat nor joine forces with them . . whereas your lordships say , that you will be so far from joyning , or associating with the popish . prelaticall , or malignant party , if they shall again rise in armes ; either to oppose or obstruct ! all or any one of the ends of the covenant , that you will oppose and endeavour to suppresse them as ; enemies to the cause and covenant ; we beseech your lordships to consider , whether this part of your declaration doth not reserve a latitude , that if the popish , prelaticall , or malignant party shall rise in armes for the kings restitution ; and can but have so much cunning ( which is more nor probable ) as to conceale their intentions of obstructing or opposing all , or any one of the ends of the covenant , in such a case it may be free to your lordships in stead of opposing or endeavouring to suppresse them , that you shall both protect their persons and estates , and also joyne or associate forces with them . in all which we have the more cause to be full of feares and apprehensions , because of so many english malignants , even now protected and intertained in this kingdome , in hopes of military employments , yea diverse of them ( as we are informed ) such as have served against this cause and covenant . as to that which follows relating to our seventh desire , concerning such as are to be entrusted in armies and committies , we shall need to say no more then was expressed in our humble representation , march . namely , that your lordships omit in your answer some of the qualifications expressed in our desire , viz. such as have given constant proof of their integrity and faithfulnesse in this cause , and against whom there is no just cause of jealousie , that so we may the more confidently encourage our flocks to follow the cause of god in their hands , and not to doubt of their fidelity ; which qualifications being contained in our desire , and omitted in your lordships answer , we are not without fears , that this omission may be made use of by some , as if your lordships had not meant to agree fully to that desire , and so take occasion to deal for employing and entrusting such in the committees and armies , as may be justly excluded by the qualifications contained in our said desire . these things having beene before represented to your lordships , and there being nothing in your lordships declaration to satisfie or take off these our fears , but such expressions insisted upon as keep aloof from the qualifications desired by us , all that are unbyased may easily judge whether we have not herein some reall ground to be unsatisfied . that which followeth in the declaration concerning the rescuing of his majesties person , that he may come with honour , freedome , and safetie so , or near london , where both kingdomes may make their applications to him , for setling religion and peace , we have before spoken fully to it . and whereas your lordships adde a kinde of salvò in satisfaction to our fifth and sixth desires , it will plainly appear that these desires are not satisfied by any thing here expressed in your lordships declaration . your lordships say , you resolve not to put in his majesties hands or in any others whatsoever , any such power whereby any of the ends of the covenant may bee obstructed or opposed : but may it please your lordships to give us leave to put you in minde . . that your lordships words may bee understood , either in this sense , that you are not resolved to put any such power in his majesties hands , and if so , your lordships know , what you resolve not now , you may resolve afterwards ; or in this sense , that your lordships are resolved that you shall put no such power in his majesties hands , and if so , then their remaines some doubt how far that power extends , which yourlordships conceive shall not be able to obstruct or oppose any of the ends of the covenant , or endanger religion and presbyteriall government ; or whether it bee meant to be extended to his majesties negative voice . . when your lordships say , that you are not resolved to put any such power in his majesties hands , this needeth not hinder your lordships yeelding and acquiescing if others put such power in his majesties hands ; for resolutions not to doe a thing , may stand with resolutions not to hinder it . . when your lordships have resolved to oppose the putting of any such power in his majesties hands , as may be destructive to religion ; yet upon supposition , that his majestie is come to london with honour , freedome and safetie , wee doubt , whether it may not prove impossible to your lordships to hinder the putting of such a power in his majesties hands . your lordships adde what assurance you intend to crave from his majestie for satisfaction in point of religion ; but withall , we observe three limitations or qualifications joined therewith , which ( so far as we are able to judge ) leave this great point in a verie dangerous uncertaintie . . your lordships resolve , that his majestie give this assurance for religion , before any agreement or condition to be made with his majestie , which is the expression chosen by your lordships in head of that clause in our sixt desire , before his restitution to the exercise of his royill power . if your lordships expression were onely a more smooth one , with the like securitie to religion , ( such as your lordships answer march . did put us in hopes of ) wee should have chearefully acquiesced : but wee are so far from perceiving the like securitie to religion , that we rather fear your lordships qualification may make void and frustrate the securitie that we desired . for first , it clearely supposeth , that his majestie shall come with honour , freedome and safetie to london , before any agreement or condition to be made with him ; for such agreement or condition to be made with his majestie being posterior to the assurance to be had from him for religion , must be much more posterior to his majesties coming to , or neer london with honour , freedome , and safety , according to the method of proceedings proposed in the declaration ; now being once at london , with honour , freedome , and safety , and that without any agreement or condition made with him , it is not probable to us , that his majesty will then desire any agreement , or condition , unlesse it be for some concessions on his parliaments part , and among other concessions probably somewhat for episcopacy too , for establishing whereof , he conceiveth himself oblieged in conscience to make use of his power as was before observed . the result of this point that we humbly conceive is , that notwithstanding of that clause , before any agreement or condition to be made with his majesty , or any thing else in the declaration , his majesty may be restored to the exercise of his royall power before security had from him for religion as we desired . the next qualification added by your lordships , immediatly is in these words , having found his late concessions and offers concerning religion not satisfactory ; where first , the words having found , may be variously understood , either , when his majesty shall have found , or , when your lordships shall have found , or , because his majesty hath found , or , because your lordships have found . next , the words , not satisfactory , are as doubtfull , and may e interpreted in severall senses , either that his majesties late concessions and offers concerning religion , are not satisfactory in themselves , or , that they are neither satisfactory to your lordships , nor to us , or the meaning may be only , that they are not satisfactory to us . which doubtfulnesse in the sense of the words we have more cause to observe , because your lordships have not hitherto returned us any clear or positive answer to our fifth desire : that his majesties late concessions and offers concerning religion , as they have been by the church , so may be by the parliament declared unsatisfactorie , only your lordships are pleased here to make a light transition over that which we conceived to bee unto us a grave subject of a solemne declaration . the third qualification in the assurance to be required from his majestie , is , that he shall agree to such act or acts of parliament , and bills , as shall be presented unto him by his parliaments of both or either kingdomes respectively for enjoining the covenant , and establishing the presbyteriall government , directory of worship and confession of faith in all his majesties dominions . but we humbly conceive , it were more for the glory of god , good of religion , and his majesties own happinesse , that his majestie should after the example of the godly reforming kings of judah , and of the best christian emperours of old in the christian church , declare his own zeale and forwardnesse for the reformation , and setling religion , and that your lordships should do well to sollicite and incite his majestie hereunto , rather then to seem to yeeld so farre , as that his majestie shall be free for his part , till his parliaments of both or either kingdomes respectively agree what acts or bills to present to him ; the preparing and presenting whereof , how much it may be retarded and obstructed by the prevalency both of malignants and secretaries , we know not : seeing therefore his majestie oweth a dutie both to god and to his people for the reformation and setlement of religion , your lordships may do better to sollicite his majestie , and to desire that he will positively declare himself willing and ready for his part and for that duety which is incumbent to his majestie , and that he give assurance for the same in the particulars . your lordships further declare in reference to our eighth and last desire , that you are willing to subjoine to the ground of your undertaking an oath , wherein both in the framing thereof and otherwise your lordships are willing the church shall have their due interest is formerly in the like cases ; where , as wee know not how farre your lordships meaning doth reach in the word , otherwayes , and in the word , due ; so we know not why your lordships did not think fit to agree to our desire as it was conceived , and as the words stood , viz. that there may bee na ingagement without a solemn oath , wherein the kirk may have the same : interest which they had in the solemne league and covenant , which define is so farre unsatisfied , that for our interest in the matter of the oath , and in the grounds of the undertaking , we do not see it allowed or preserved to us , but rather that the declaration holdeth foorth the grounds of the undertaking already resolved upon by your lordships ; only leaving us an interest inthe forme of an oath to bee subjoined , and that not without some uncertaine and dubious qualifications , as hath been touched . mean while we see only a declaration without an oath ; and as declarations are alterable by parliaments , and their proceedings sometimes not agreeable to their declarations ( which the experience of these times hath taught us : ) so it there were an oath subjoined to the grounds of undertaking expressed in this declaration , we could not account it a lawfull oath , but that it would make the bussinesse worse . your lordships adde somewhat further , relating to the matter of our first and second desires , namely , that your lordships are resolved not to engage in any war before the necessity and lamfulnesse thereof be cleared , so as all who are well affected may be satisfied therewith , and that reparation to such breaches and injuries as are , or shall be condescended upon , shall be demanded in such a just and sit way as shall be found most lawfull and expedient . this clause , as likewise that which followeth , that many of the dangers with the grounds and resolutions , are by this declaration of your lordships made known to this kingdom , seems to hold us in suspense , till all the dangers grounds and resolutions be made known , and till the lawfulnesse and necessity of the war bee cleared , and the way of seeking reparation resolved upon ; yet your lordships may bee pleased to remember , that in that part of your answer to us of the twentieth , which is a returne to our desire of knowing fully your lordships resolutions , and being satisfied on the whole matter , we were remitted to the declaration , is containing the grounds and resolutions of the parliament on the whole matter . as to that which followeth , concerning a present putting of the countrey in a posture of defence as in anno , . we should be glad it were made to appear really that the grounds , principles and ends were the same now , they were in the year . otherwise the like act upon different grounds , and for different ends make it not the same cause . your lordships do indeed speak of the principles expressed in the declaration , as the same with the first principles contained in our nationall covenant , and in the solemne league and covenant . but what reason we have to conceive they are new and different principles , may appear by the severall particulars before mentioned . we cannot here passe a new interpretation which the declaration puts upon the solemne league and covenant , viz. that we did solemnly swear and promise before god and his angels , to endeavour reformation of , and uniformitie in religion and church government in all his majesties dominions according to the word of god , and the example of the best reformed churches ; where we passe your lordships limiting and restricting of uniformity more then the covenant doth : which may infer that uniformity in church government between the churches of christ in these three covenanted kingdomes , is not to be urged in any other manner or measure then we have a precedent of in other reformed kirks ; but that which here we chiefly aime at , is the following clause of the declaration ; viz. and not only to the utmost of our power , with our meanes and lives to stand to the defence of our dread soveraigne , his person and authority in the preservation of the true religion and liberties of the kingdom , but also in every cause which may concerne his majesties honour , to concur according to the lawes of this kingdom and dutie of good subjects . yet your lordships know that no such interpretation hath beene made by the assemblies of the kirk of the solemne league and covenant , as your lordships are pleased here to make of it . if it be said , that your lordships meaning was only of our nationall covenant , yet it may be observed withall , that the plain and grammaticall construction of the words will carry that interpretation either upon the solemne league and covenant only , or both upon it and upon our nationall covenant . how ever , although our nationall covenant only were here fixed upon , concerning which there is such an expression in the supplication of the generall assembly , anno . to his majesties commissioner and the lords of secret counsell , yet there are some weighty considerations which we humbly offer against the application of that supplication of the assembly , to the present businesse ; for , . his majestie was at that time giving satisfaction to the publick desires of this kirk concerning religion ; we heartily wish we might say the like now . . we do not see the cause stated in the declaration to be for his majesties honour , and so to fall within that duety expressed in the declaration of the generall assembly . and as one of the ends of the covenant was his majesties honour and happinesse , and your lordships also have acknowledged in your oath of parliament , that the honour , happinesse , and greatnesse of the kings majestie , doth depend on the purity of religion as it is now established in this kingdome , so whatsoever crosseth or prejudiceth the grounds of the covenant , or any of the ends thereof , cannot with us find any such commendation as to be a cause which concerneth his majesties honour . . whatsoever we owe to the king in civill matters distinct from the cause of religion , sure all these other dueties are with a subordination to the glory of god , and good of religion , and we are very confident it was , and will be far from the thoughts of the generall assembly , under colour of his majesties honour to concur with him , or any in his name , in a cause which is hurtfull and prejudiciall to the good of religion , and to the other ends of the solemne league and covenant , yet the cause stated in the declaration , we humbly conceive to be such . . it may be remembred that the crosse-petition having cited the same clause of the said petition of the generall assembly , and making use thereof in order to an engadgement in war in his majesties quarrell against the parliament of england , was declared against by the commission of the generall assembly , anno . and among other particulars it was then declared , that the limitations expresly mentioned in the words cited out of the assemblies supplication , viz. according to the lawes of this kingdome , and duety of good subjects were interpreted by some that spake at the time in the generall assembly to be all one , as if it had been said , within this kingdome , we not knowing of any lawes of this kingdome or further extent . it was also then observed and may now be applied and remembred , that the nationall covenant having been subscribed in the yeares . and . before king james was king of england , and being qualified in the particular heads and articles by expresse limitations and restrictions to this kirk and kingdome , to the religion , lawes and liberties of sotland , can no more be extended to municipall debates , and to the laws and liberties of england , unto which we are strangers , then the kingdome of england can judge of our lawes , and determine our differences , the two kingdoms being still independent each on other , and not subordinate one to another , as the first article of the large treaty fully declareth . as to that we finde in the close of the declaration , that this kingdome of scotland will now make it evident , as they have often declared , that their quietnesse , stability , and happinesse doth depend upon the safety of the kings majesties person and maintenance of his greatnesse , and royall authority , who is gods vicegerent set over us , for maintenance of religion , and ministration of justice , we shall only put your lordships in minde , that your nationall covenant joineth with his majesties safety , his good behaviour in his office : and sayeth , that the quietnesse and stability of our religion and kirk doth depend upon the safety , and good behaviour of his majesty , as upon a comfortable instrument of gods mercy granted to this countrey for the maintenance of his kirk , and ministration of iustice . otherwise , if a king do not his duty for the maintenance of the true religion , and ministration of justice , it is not his safety alone , that make his people to be in quietnesse and happinesse ; withall , as our quietnes and happinesse dependeth on his majesty , and his doing of his duty as an instrument and minister of god for good ; so the honour , greatnesse , and happinesse of the kings royall majesty , and the welfare of the subjects , depend upon the purity of religion , as is well expressed in your lordships oath of parliament . and now we shall with your lordships favour and permission make this conclusion upon the whole matter , that as we neither were nor are against an engadgement with this kingdome in war , but have been and shall be willing to consent thereto , if once satisfied in our conscience concerning the clearnes , lawfulnesse , and necessity of the cause , and quatrell , and concerning our calling , manner of proceeding , instruments to be entrusted , security to be had for religion , and other particulars contained in our former papers not yet satisfied by your lordships . so we are necessitate to professe & declare to your lordships , that we cannot , we dare not in our consciences agree to an engagement upon such grounds , and in such a way as is stated in your lordships declaration : and therefore , for our exoneration do dissent from the whole complex businesse in the said declaration , as not containing clear and convincing grounds of undertaking of a war , not providing for the security of religion , nor clearly disclaiming his majesties late concessions and offers as unsatisfactory , not tending to the suppression of the malignant party , but rather to compliance with them , as we humbly conceive , nor preserving the liberties and known interest of the kirk nor proposing the way of treaties , and all other possible wayes of peace to be sought and assayed before a war . for which reasons , and others before mentioned , upon the particular heads of the declaration , we plainly declare our dissent from the complex circumstantiat state of the present busines contained in the said declaration , and take to witnesse , god , angels , and men , that your lordships have not wanted warning from the watchmen , and that we shall be free of all the distractions , confusions , miseries and blood , which may follow upon your lordships proceeding to an engadgement in war , upon the grounds of the declaration . we further call to record , the searcher of all hearts , and the righteous judge of all the world . that our not concurring proceedeth not from want of zeale against sectaries , nor from any remissenes in that which may concern his majesties true honour , and happinesse , and the preservation of monarchicall government in him and his posterity , nor from any want of tendernes of the priviledges of parliament , nor from any want of sympathie with our afflicted and oppressed brethren in england , in reference to all which our proceedings have been , and shall be ( we trust ) reall testimonies of our affection and sincerity ; but our not concurring proceedeth meerly from tendernesse in the point of security of religion , and union between the kingdomes , and from the unsatisfactorinesse of the grounds of your lordships declaration as hath been expressed in the particulars . wherefore we humbly beseech your lordships to interpret favourably and charitably any liberty which we have used , ( the mater being such as lyeth sad and weighty , upon our consciences . ) and that your lordships would also be pleased to be mindfull of making good that passage of your declaration , where you say that you unresolved not to engadge in any war , before the necessity and , lawfulnesse thereof be cleared , so 〈◊〉 all who are well affected may be satisfied therewith ; which 〈◊〉 your lordships shall be pleased to do there is a door of hope yet open , and we shall not cease to pray unto the lord ( as he shall assist us ) that a spirit of counsell and understanding and of the fear of the lord may be upon you , and that god would graciously rid both your lordships and us out of all hid and lurking snares , and so guide your lordships , as that there may be yet a sweet and harmonious joining of hearts and hands upon right principles grounds and motives , in a right way , and for the right ends . finis . master rigb'ys [sic] speech in answer to the lord finch of that he delivered before the house of commons in behalf of himself : with a conspiracie discovered, or, the report of a committee to the house of commons in parliament of the examination of divers of the conspirators, and others of th late treason, june the th, : . concerning the tower, . wherein the french are concerned in this conspiracy, . of provoking the army against parliament by false reports. rigby, alexander, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing r ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing r estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) master rigb'ys [sic] speech in answer to the lord finch of that he delivered before the house of commons in behalf of himself : with a conspiracie discovered, or, the report of a committee to the house of commons in parliament of the examination of divers of the conspirators, and others of th late treason, june the th, : . concerning the tower, . wherein the french are concerned in this conspiracy, . of provoking the army against parliament by false reports. rigby, alexander, - . finch of fordwich, john finch, baron, - . [ ], p. s.n.], [london : [i.e. ] imperfect: print show-through with some loss of print. reproduction of original in the harvard university library. eng great britain -- history -- charles i, - . great britain -- politics and government -- - . a r (wing r ). civilwar no master rigb'ys [sic] speech in answer to the lord finch, of that he delivered before the house of commons, in behalf of himself. with a cons rigby, alexander c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - robyn anspach sampled and proofread - robyn anspach text and markup reviewed and edited - pfs batch review (qc) and xml conversion master rigb'ys speech in answer to the lord finch , of that he delivered before the house of commons , in behalf of himself . with a conspiracie discovered : or , the report of a committee to the house of commons in parliament , of the examination of divers of the conspiratars , and others in the late treason , june the th . . . concerning the tower . . wherein the french are concerned in this conspiracy . . of provoking the army against the parliament by false reports . printed in the yeare , . master rigbies answer to the lord keepers speech , in the house of commons , . mr speaker . my judgement prompts me to sit still , and to be silent , yet the duty i owe to my king , my country , and my conscience , moves me to stand up and speak . master speaker , had not this siren had so sweet a tongue , surely he could never have effected so much mischief to this kingdome : you know sir , optimorum putrefactio pessima , the best things putrified , become the worst ; and as it is so in the naturall , so it is in the body politick ; and what 's to be done then , mr spea . we all know , ense recidendum est , the sword ( justice ) must strike , ne pars sincera trahatur : m. speaker , t is not the voice , non vox , sed votum , not the tongue , but the heart and actions , that are to be inspected , for doth not our saviour christ say it ? shew me thy faith by thy works , o man : now master speaker , hath not this kingdome seen , ( seen say i ) nay felt , and smarted under the cruelty of this mans injustice ? so malicious , as to record it in every court of westminst , as if he had not been contented too with the inflam●●● of us all , unlesse he entail it to all posterity , why shall i beleeve words now ? cum factum videam : shall we be so weak men , that when we have been injured and abused , will be gained again with fair words and complements ? or like little children , that when we have been beaten and whipt , be pleased again with sweet meats ? o●●o , there be some birds that in the summer of a parliament , will sing sweetly , who in the winter of persecution , will , for their prey , ravenously fly at all , upon our goods , nay seize upon our persons , and hath it not been by this man , so by some in this assembly . master speaker , it hath been objected unto us , that in judgement we should think of mercy , and be you mercifull , as your heavenly father is mercifull ; now god grant that we may be so , and that our hearts and judgements may be rightly rectified , to know truly what is mercy , i say , to know what is mercy , for there is the point , master speaker : i have heard of foolish pitie , foolish pitie , do we not all know the effects of it ? and i have met with this epithite to mercy , crudelis misericordia , and in some kind i think there may be a cruell mercie ; i am sure that the spirit of god sayes , be ye not pitifull in iudgement ; nay , it saith , be not pitifull of the poore in iudgement : if not of the poor , then a fortiori , not of the rich , there 's the emphasis , we see , by the set and solemn appointments of our courts of justice , what provision the wisdome of our ancestors hath made for the preservation , honour , and esteeme of iustice ; witnesse those frequent terms , sessions , and assises , and in what pomp and state the iudges in the circuits by the sheriffs , knights , and iustices , and all the country are attended oft times for the hanging of a poor thief , for the stealing of a hogg or a sheep , nay in some cases , for the stealing of a penny , & iustly or in terrorem and now shall not some of them be hanged , that have rob'd us of all our propriety , and sh ered at once all our sheep , and all we have away , & would have made us all indeed a poor beliasarius to have begged for a halfe-penny , when they would not have left us one penny as we could have called our own . let us therefore , m. speaker , not be so pittifull , as that we become remisse , not so pittifull in judgment as to have no judgement , but set the deplorable estate of great britiaine now before us , and consider how our most gracious soveraigne hath been abused , and both his majesty and all his subiects ini●red by these wicked instruments , for which my humble motion is , that to these particulars we become not so mercifull , as to the generall ( the whole kingdome ) we may grow mercilesse . fiat iustitia . finis . a conspiracie discovered : or , the report of the coramittee to the house of commons in parliament , of the examination of divers of the conspiraters and others in the late treason , iune the th , . mr. fynes made report to the house of commons of three heads . . concerning the tower . . wherein the french are concerned in the conspiracie . . of provoking the army against the parliament by false reports . captaine billingsleyes examination was reported by mr. hambden , who sayes , he had no hand in the conspiracie , onely that sir iohn suckling invited him to the employment in the army . also , one nuts examination reported , who deposed that the earle of straffords escape was practised . then the lievtenant of the towers examination was reported , who sayes cleerly , that the earle of strafford endeavoured an escape , promising l. to marry his son to his daughter , and to have made her one of the greatest marriages in the kingdome . concerning the army , lieutenant colonell ballads ' examination was reported by sir philip stapleton , which shews , that captain chidley had brought downto the army many instructions . and that colonell goring should be lieutenant generall of the army , and the prince , and the lord of newcastle to meet them in nottingamshire , with one thousand horse . all which propositions came from master henry iermin , and were dispersed by serjeant major wallis and captain chidley . serjeant major wallis upon his examination , sayes , that the french would assist them , and the clergie would at their own charge , send horse . colonell goring upon his examination , sayes , he was tyed up by an oath of secrecy , and therefore durst not answer to all the interrogatories , which oath he saith was given him by mr. piercy in his chamber at white-hall , in presence of mr. wilmos , colonell ashburnham , captaine pollard , and others , who said , they had all of them taken this oath , and that he was the last of the company that was to take it . mistresse plumwell , sayes that a french man , a ●●●ver to the queen , brought armes to her house , and desired her to keep them , for that the house of commons had made an order , that no papists should have armes in their custody , and then fetched them back again , about the time the earle of straffords escape was practised . there was also a report of a letter from mr. iermin to mr. mountague , which was intercepted , wherein he writ , that he hoped that the horse leeches would be starved for want of food . also , of another letter from mr. mountague to master iermin , which shewed , they expected the lord of strafford shortly with them . also , mr. bland upon his examination , saith , that mr. iermin much endevaoured to get portsmouth into his hands . and that there was two letters from one roberts a priest to the bishop of chalcedon , in recommendation of two english priests . finis . mr. grimstons speech, in the high court of parliament. grimston, harbottle, sir, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing g thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) mr. grimstons speech, in the high court of parliament. grimston, harbottle, sir, - . [ ], , - , [ ] p. printed for thomas walkely and are to be sold at his shop at the flying horse neare yorke house, london : . with a preliminary blank leaf. text is continuous despite pagination. reproduction of the original in the british library. eng great britain -- history -- charles i, - -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason e _ ). civilwar no mr. grimstons speech, in the high court of parliament.: grimston, harbottle, sir a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion mr. grimstons speech , in the high court of parliament . london , printed for thomas walkely and are to be sold at his shop at the flying horse neare yorke house . . mr. grimstons . speech , in the high court of parliament . mr. speaker . these petitions which have bin now read , they are all remonstrances of the generall and universall grievances and distempers that are now in the state and government of the church and common-wealth , and they are not them alone : but his majesties gratious expressions the first day of parliament , that calls me up to speake at this present , contrary to my owne intentions . mr. speaker , his majesty , who is the head of the body politique , and the father of the common-wealth , hath complained first , declaring his sensiblenesse of our sufferings , and amongst other things , hath put us in mind of our grievances , and hath freely left it to our selves ( for our redresse and repaire therein ) to begin and end , as we shall thinke fit . and this drawes me on with much cheerfulnesse and zeale to contribute my poore indeavours to so great a worke . and mr. speaker , i conceive it will not be altogether impertinent for your direction and guidance in that great place , which by the favour of his majesty , and this house you now possesse , a little to recollect our selves in the remembrance of what was done the last parliament , and where we ended . it will likewise be very considerable what hath bin done since that parliament , and who they are that have bin the authors and causers of all our miseries and distractions , both before and sithence . mr. speaker , the last parliament , as soone as the house was setled , a subsidiary aid and supply was propounded , and many arguments used to give the precedencie before all other matters and considerations whatsoever . on the other side , a multitude of complaints and grievances of all sorts ; aswell concerning our eternall as our temporall estates were presented and put in the other ballance : the wisedome of that great councell waighing both indifferently , and looking not onely upon the dangers then threatned from scotland ( which are now upon us ) but likewise taking into their consideration the condition and constitution of the present government here at home , concluded that they were in no capacity to give , unlesse their grievances were first redressed and removed . for mr. speaker , it then was , and still is , most manifest and apparent , that by some judgements lately obtained in court of justice , and by some new wayes of government lately started up amongst us ; the law of property is so much shaken , that no man can say he is master of any thing : but all that we have , we hold as tenants by courtesie , and at will , and may be stripped of it at pleasure . yet mr. speaker , desirous to give his majesty all possible satisfaction and contentment , aswell in the manner of supply for expedition , as in the substance and matter of it , we confined and limitted our selves but to three particulars onely , and to such matters as properly and naturally should have reference and relation to those . heads . . the first was the priviledges of parliament . . the second mattees of religion . . the third , the propriety of our goods and estates . and we began with the first , as the great arke , in which the other two , religion and property are included and preserved . mr. speaker , the violations complained of the last parliament , touching our priviledges , were of two sorts ; either such as had bin done out of parliament . concerning the violations of the first sort , it was resolved by vote , that the speaker refusing to put a question , being thereunto required by the house . or to adjourne the house upon any command whatsoever , without the consent and approbation of the house it selfe ; were breaches and violations that highly impeached our priviledges . and having passed the vote , j conceive it were fit we should now proceed a little further , and consider of a way how to be repaired against them that have beene the violators : for execution does animare legem . the putting of an old law in execution , you know mr. speaker , does oftentimes doe more good then the making of a new one . as concerning the violations of the other sort , done out of parliament in courts of justice , and at the counsell board , where neither our persons nor our proceeding ought to have bin controlled or medled withall ; and as concerning matters of religion , and the property of our goods and estates , there were divers things then likewise agreed upon by vote , whereupon a conference was desired to have beene had with the lords : but what interjections and rubs we met withall by the way , and how the lords countervoted the precedency of our grievances . and how our speaker was taken away from amongst vs , and what an vnhappy conclusion we had at the last . the remembrance of it were a subject too sad to begin another parliament withall . therefore mr. > speaker , i shall passe from what was done the last parliament and come to what hath beene done since that parliament ended . mr speaker , there are some worthy gentlemen now of this house that were members of the last parliament , that carried themselves in the matters and businesses then and there agitated and debated , with great wisedome and vnexampled moderation . but what had they at last for all their paines in attending the publique strince of the common-wealth , as soone as ever the parliament was ended , their studies and pockets were searched as if they had beene fellones and traytors , and they committed to severall goales with an intention j am confident of their vtter ruine and destruction , had they not fore-seene a danger approaching ; for mr. speaker , if j be truely informed an information was drawne , or at least , directions given for the drawing of it , against them in the starre-chamber . mr. speaker , there hath beene since the last parliament a synod , and in that synod a new oath hath beene made and framed , and enjoyned to be taken . mr. speaker , they might as well have made a new law , and enjoyned the execution of that , as enjoyned and vrged the taking of the other , not being established by act of parliament and in point of mischiefe , the safety of the common-wealth , and the freedome and liberties of the subject are more concerned in the doing of the one then if they had done the other . the next exception j shall take to it , is to the matter contained in the oath it selfe . mr. speaker , they would have us at the very first dash sweare in a damnable heresie , that matters necessary to salvation are contained in the discipline of our church . whereas mr. speaker , it hath ever bin the tenet of our church , that all things necessary to salvation are comprehended and contained in the doctrine of our church onely ; and that hath alwaies been vsed as an argument vntill this very present , against antidisciplinarians , to stop their mouthes withall ; and therefore that for that reason they might with the lesse regret and offence conforme and submit themselves to the discipline of our church . and mr. speaker , for prevention in case the wisedome of the state in this great counsell , should at any time think fit to alter any thing in the government of our church , they would anticipate and forestall our judgements , by making vs sweare before-hand , that we would never give our consent to any alteration . nay mr. speaker , they goe a little further , for they would have vs sweare that the government of the church by archbishops , bishops , deanes , archdeacons , &c. is iure divino , their words are , as of right it ought to stand ; whereas mr. speaker , we meet not with the name of an archbishop , or a deane , or an archdeacon in all the new testament ; and whatsoever may be said of the function of bishops it is one thing : but for their jurisdiction it is meerely humana institutione , and they must thanke the king for it . as for their grosse , absurd , &c. wherein they would have men sweare they know neither what , nor how many fathome deepe : there is neither divinity nor charity in it , and yet they would put that upon vs . mr. speaker , what they meant and intended by this new oath , and their booke of canons , and their booke of articles , which they would have our church-wardens sworne unto , to enquire of , and to present thereupon , j must confesse i know not , unlesse they had a purpose therein to blow up the protestant religion and all the faithfull professors of it , and to advance their hierarchie a step higher which i suppose wee all feare is high enough already . mr. speaker , they have likewise in this synod granted a benevolence , but the nature of the things agrees not with the name , for in plaine english it is sixe subsidies to be paid by the clergie in sixe yeares : and the penalty they have imposed upon the refusers , for non payment , is to be deprived of their functions , to be stripped of their free-hold , and to be excommunicated , and this act of their synod is not published amongst their canons , for which they might have some colourable seeming authority : but it comes out , in a booke alone by it selfe in the latine tongue , supposing as i conceive that lay-men are as ignorant as they would have them ; and thus they thinke they dance in a net and as in this , so in most of their new canons if they be throughly considered , any judicious man may easily discerne and perceive , that they doe therein like water-men that looke one way and rowe another , they pretend one thing but intend nothing lesse ; and certainly mr. speaker in this they have flowne a high pitch ; for a synod called together upon pretence of reconciling and setling controversies and matters in religion to take upon them the boldnesse thus out of parliament to grant subsidies and to meddle with mens freeholds , i dare say the like was never heard of before , and they that durst doe this will doe worse if the current of their raging tyranny be not stopped in time . who are they ( mr. speaker ) that have countenanced and cherished popery and arminianisme to that growth and heigth it is now come to , in this kingdome ? who are they ( mr. speaker ) that have given incouragement to those that have boldly preached those damnable heresies in our pulpits . who are they ( mr. speaker ) that have given authority and licence to them that have published those heresies in print ? who are they ( mr. speaker , ) that of late dayes have beene advanced to any dignity or preferment in the church , but such as have beene notoriously suspitious , in their disciplines , corrupt in their doctrines , and for the most part , vitious in their lives ? and who are they ( mr. speaker ) that have overthrowne our two great charters magna charta , and charta de forresta ? what imposition hath bin laid down or what monopolie hath bin damned in any court of justice since the last parliament . hath not ship-money , coale and conduct money , and money for other military charges , bin collected and leavied , with as great violence as ever they were , in violation of our liberties , confirmed unto us in our petition of right ; notwithstanding all our supplications and complaints the last parliament . and who are they mr. speaker , that have caused all those dangerous convulsions , and all the desperate unnaturall bloudy distempers , that are now in our body politique ? mr. speaker , j will tell you a passage : j heard from a judge in the kings-bench . there was a poore man committed by the lords , for refusing to submit unto a project , and having attended a long time at the kings-bench barre , upon his habeas corpus ; and at last pressing very earnestly to be bailed . the judge said to the rest of his brethren , come brothers ( said he ) let us baile him , for they begin to say in the towne , that the judges have overthrowne the law , and the bishops the gospell . mr. speaker , i would not be misunderstood in what j have said ; for rhere are some of both , functions and professions , that j highly honour & reverence in my heart , for their wisedomes and integrities . but mr. speaker , j may say it ; for i am sure we have all felt it , that there are some of both functions and professions , that have bin the authors and causers of all the miseries , ruines , and calamities that are now upon us . mr. speaker , this is the age ; this is the age ( mr. speaker ) that hath produced and brought forth achitophells , hammans woolsies , empsons , and dudlies , tricilians , and belknapps vipers and monsters of all sorts . and j doubt not , but when his majesty shall be truely informed of such matters , as wee are able to charge them withall ; we shall have the same justice against these , which heretofore hath been against their predecessours , in whose wicked steps they have trodden . and therefore mr. speaker , to put our selves into a way for our redresse and reliefe , j conceive it were fit that a committee might be named to take these petitions , that have now beene read , and all others of the like nature into their considerations , to the end , that the parties grieved , may have just repaire for their grievances ; and that out of them , lawes may be contrived , and framed for the preventing of the like mischiefes , for the future . fjnjs . a paraenetick, or, humble addresse to the parliament and assembly for (not loose, but) christian libertie williams, roger, ?- . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing w ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing w estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a paraenetick, or, humble addresse to the parliament and assembly for (not loose, but) christian libertie williams, roger, ?- . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing w ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread [ ], p. printed by matthew simmons for henry overton ..., london : . attributed to williams by wing and nuc pre- imprints. "perused and allowed according to order." imperfect: print show-through. reproduction of original in the harvard university library. eng freedom of religion -- england -- history. great britain -- politics and government -- - . great britain -- church history -- th century. a r (wing w ). civilwar no a paraenetick or humble addresse to the parliament and assembly for (not loose, but) christian libertie. the second impression. perused and williams, roger f the rate of defects per , words puts this text in the f category of texts with or more defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - jonathan blaney sampled and proofread - aptara rekeyed and resubmitted - jonathan blaney sampled and proofread - jonathan blaney text and markup reviewed and edited - pfs batch review (qc) and xml conversion a paraenetick or humble addresse to the parliament and assembly for ( not loose , but ) christian libertie . the second impression . perused and allowed according to order . london : printed by matthew simmons for henry overton in popes-head-alley . . a paraenetick , or humble addresse to the parliament and assembly for ( not loose , but ) christian libertie . there have been many nayles and goades sharpened in this argument , by masters of the assemblies , if there were but a steady hand to drive them home , and fasten them . the lord fasten them by his spirit , in the hearts of all whom they concerne , of all before whom now lyes an opportunitie of killing and making alive , that yee doe not now put out that onely coale that is left to us , ( after all our sufferings and privations ) our christian libertie . how have wee promised our selves ( not in the least diffiding the reasonablenesse of such an expectation ) that though wee did eat the bread of affliction , and drink the water of adversitie , yet our eyes should see our teachers , and they should no more be thrust into corners ? and if this hope faile us , wee are of all men most miserable . had wee not better , if wee had looked at our selves onely , and not at the common cause , while wee had something , to have betaken our selves into some remote iland ; then after the losse of all to have it set on the score of a mercy and kindnes to us , to be quietly dismist thither ? wherein wee should finde it ( for wee already feele the workings of it ) no small aggravation of our affliction , the con●ideration of those from whose faces we flee . if it were an enemy , ( deare friends and bre●hren ) if it were the bishops doings , wee should not marvaile , we could better beare it ; but what , you , our brethren , our companions once in the same iron yoke and furn●ce of affliction , ( the dearest remembrance that can be ) that 〈…〉 and fasted t●gether in corners , that have s●te and wept t●gether by the rivers of b●bylon , remembring sion ; and hanged our 〈◊〉 upon the willowes , bemoaning our selves oft to one another ; and are the same men still both for religion toward god , and affection toward you ! o tell it not in g●th , publish it not in askelon , lest the p●ilistims rejoy●e , and the daughter of the uncircum●ised triumph . let not malignants heare of it , papists and atheists , neutrall protestants , and hollow-hearted professors : and oh that the th●usand y●●res were begun that the devill were shut up too , ( who rather is let loose now ) that there be not joy in hell for the divisions of the brethren ! but seemes it not reasonable to you ( that which seemes so reasonable to christ ) that we who have 〈◊〉 with you , should reigne with you , and that comfort being restored to ierus●l●m , all her 〈◊〉 should have a s●are in it ? or are wee those vassalls alone that now in this yeare of iubilee , must whether wee will or no , have our eares boared ; when all other liberties are vindicated ? is it for that wee have no t●●tullus to plead our cause , or for that wee are few and peaceable , and you may use us how you list ? sure it is not in you to make so ill an use of our good principles ? however , be it knowne to you , 〈◊〉 redeemer is strong , and though he be gone a long journey , yet he will come upon those evill s●rvants , that ( secure through his delay ) fall a beating in stead of feeding their fellow-servants ; he will come in an 〈◊〉 when they ●re not aware , and look not for him ; as he did before your eyes upon the domineering generation of the prelacy . the more you oppresse us , the more wee shall grow . refraine from us therefore ; and let us alone ; for if this counsell , or this work be of men , it will come to n●ught , but if it be of god , yee c●nnot overthrow it , lest haply yee be found ●ighters against god . stand therefore to gods arbitrament . if we build upon the true foundation , with hay and stubble , the d●y shall decl●re it ; for it shall be revealed by fire , and our work shall be burnt , though wee shall be saved . prejudice not your selves further ( brethren ) or your way ▪ for god hath said , * there shall be no destroying be ●st in all his holy mountaine . the beasts of prey come from mount seir , not from mount sion . es●u was rough , hairy , and lordly : iacob was smooth , plaine , and pleasant . is it a forme agreeable to you , to be as that image in nebuchadnezz●●rs vision , that was dreadfull and terrible , having great iron teeth , dev●u●ing ●nd breaking in pieces , and stamping the residue with the feet ? or will you not rather ride on and prosper , because of truth , ●nd righte●usnes●e , ●nd meeknesse ? so should you carry the hearts and votes of all men along with you , but those that are lost . and we trusted wee had seene a hopefull beginning , that wee might have improved to a greater expectation ; when ( besides former expresse incouragements ministred to us by pregnant passages of great note and observation with us in certain declarations or ordinances of parliament , which except need be , we are loath to repeat ) god had lately put it into the heart of the parliament , to consider the just and mercifull accommodation of tender consciences . which makes us the more amazed and astonished at the sudden prejudice wee seeme to have received in their affections , and the varied , yea , contrary aspect both of parliament and assembly upon us , who are no other then wee were before , and have continued in your severall and respective service and assistance , with the same faithfulnesse since as ever : wherein god hath been very mercifull unto us , ( whether it be acknowledged to us or no , it must be acknowledged by us to him ) that hath made us faithfull , and not one instance can be given of the contrary : * and wee lookt for peace , and there 's no good , and for the time of healing , and behold trouble ; yet wee are neither so prophane nor desperate , as ( with esau ) to sell our birth-right for a messe of pottage , nor our hopes in your justice and clemency , for the quiet injoyment of it , for a thing of naught . wee hope this seeming remission and intermission of these counsels of peace in behalfe of us , shall but make them rebound the higher , and run the stronger . and therefore wee cease not to pray for you , ( most just senators ) that god would hide repentance from your eyes ; that the lord that stirr'd up cy●us , darius , and artaxerxes , and wedg'd them in by his powerfull spirit would keep this in the thought and purpose of your heart , till you have brought it to perfection . truly there is a dreadfull opportunity before you of gladding the hearts of thousands , your kindnesse unto whom christ will put upon his own account ; a dreadfull opportunity , i say , if either omitted , or not proportionably improved . let it never be said , yee did run well , who did hinder you ? nay , who can hinder you , or who shall harm you , if you be followers of that that is good ? there is nothing ( under christ ) wanting to make us live quietly by one another , though of severall judgements , whilest wee agree in fundamentals , but your word to bid us do so . is it not time for the lords harbengers and trumpeters , to sound the allarm to the great and dreadfull day of the lord , and to apply your selves now to turn the he●rt of fathers to the children and of the children to the fathers , lest the lord come and smite the earth with a curse ? nay , hath he not sorely smitten us , for not only the neglect , but the contempt of this prescription by a contrary practising , even setting the fathers , the nursing-fathers of the church ( those that should be so ) against their children ? and indeed excuse us , if when wee consider how faire wee were for a good issue of the common troubles of late , when god gave us those many occasions , and those solemne opportunities of praise and thanksgiving , when some can say ( if ever ) they found their hearts then drawn forth in earnest supplications and triumphant expectations of a smooth successe ; and in stead thereof , what an unusuall return we had from the hand of god , contrary to the tenour of his former proceedings , beating back our hopes upon us ? and when we compare this with former the like passages of providence in the like juncture of times ; ( as that ill successe that interrupted the petition ready to be presented at the common-councel against us ) and also compare these with some scriptures , and scripture examples , how god hath made ierus●lem a burthensome s●one , &c. zech. . and how he hath formerly rebuked kings for his peoples sakes , saying , touch not mine anointed , &c. and how hee brought artaxerxes and his realm under wrath for that cause , ezra . and consider how righteous this is , that if the children fall out the father should make the third ; excuse us , i say , if wee can give no better account of these things but the lords jealousie over his peoples liberties ▪ wherefore , if pity will not move you , let equity at least constr●in you : * let no man go beyond or defraud his brother , saith the apostle . have you taken of us a price ? deny us not our commodity ; christ bought our liberties for us with his blood , wee have bought them over again at your hands with our own blood , shed not for our selves only , but for you also . wee have set you down , as it were , where you would be ; wee have dislodged the can●●nites before you , wee are necessitated to passe on further ; it were but your duty to march on before us , and give us quiet possession with you . wee have fought , and adventured purse and person upon this expectation of liberty , ( not of another religion , but ) of this way of walking in your religion ; as of the liberty of the religion it self , which we eyed in the first place ; if nothing lesse was in your hearts , why did you not tell us so ? nay , why hath the assembly born us in hand with such hopes and intimations ? why have such considerations been tendered to us , intimating ; nay , almost assuring us , an after-liberty upon condition of a present modesty in that juncture of time only . for what else is the tenour of the th consideration , published , dec. . . in these words , that it is not to be doubted , but the counsels of the assembly , and the care of the parliament will be , not only to reform and set up religion throughout the nation , but will concur●e to prese●ve wh●t ever shall ●ppe●●e to be the rights of particular congregations , according to the word , and to be●re with such , whose cons●iences ●annot in all things conform to the publike 〈◊〉 , so far as the word of god 〈◊〉 have them born with●ll , which is all that we de●ire . what did you do with those terms , the rights of 〈…〉 and these contradistinguished to the generall reformation an● setting up of religion through the kingdome , if you did not speak to our sense ? but ( you will say ) 't is cautioned , what ever shall appe●●e according to the word . to whom mean ●ou it should appeare ? to your selves ? what promise were this ? to preserve what ever appeares to you , is not grace , but debt ; and if this was your meaning , you might have said more properly , when ever these rights should appeare to you ; and if by [ according to the word ] you meant only , in your own interpretation , that 's not thank-worthy : what bait is held out to us therein , but a miserable collusion ? but the latter part of the consideration is more expresse , which promise a bearing with those whose consciences cannot in all things conform to the publike rule . and what though it follow , so far as the word of god would h●ve them born with●ll ? for that implies a concession , that the word would have them born withall ; otherwise , why do you bob our mouths with these apples of liberty and toleration , and condescend to terms of the measure thereof , if no such thing in any degree be due unto us , or warrantable by word ? why then do you give place to us so much , as for an houre ? and if a toleration duly bounded be divine , then how have you indeavoured it ? or why do you not indeavour that degree ? what jot or tittle of toleration have you yet brought forth , or do you give us hopes of in your proceeding hitherto ? what things more terrible and more void and exclusive of all bearing and forbearing can you meditate yet , then fines , prisons , exi●e , prohibiting the exercise of our w●y and our ministery , but upon hard conditions ; which things we have too much cause to feare and expect , as not much exceeding the rate and proportion of some present conclu●ions , and more menacing agitations . judge now whether the performance of this consideration be not yet wholly in arrere to us . and to minde you of some other passages ; what do you in that earne●t intreating ministers and people ( consid. . ) to forbeare for a convenient time , the joyning themselves into church-societies , untill they see 〈…〉 will not be commended 〈◊〉 them in 〈◊〉 orderly 〈◊〉 ? i say , what do you in this , but set as at liberty afterwards ? and why do you there bespeak us as free-men if you made account ( and it be in your power ) to make us bond-men , or use us so ? and further , why doth the assembly ( in the th c●●sideration ) glance with that congratulatory respect upon the liberty to serve god according to his word , which we injoy in this ti●e , more then hath been at any time in england 〈◊〉 the beginning of the reformation , if it be not a just liberty ? and if it be just , why doth it begin to be contracted ? at least some part of that liberty wee have injoy'd ? viz. preaching without ordination , till wee can have it according to our consciences ? and lastly , do you not cherish as great a hope in us , as all that wee have ask'd , or shall aske , comes to , in the last consideration ; where you pawn your own hopes to cherish ours , that wee shall never come to suffer for doing what shall appeare to be our duty , though not co-incident with the publique rule given us ; where you must mean what shall apeare [ to us ] to be our duty ; for wee cannot feare we shall ever suffer by you for what appeares [ to you ] to be our duty . and how can you be comforters of us in our sufferings , as you are in the sequele of that consideration , if they be not sufferings for righteousnesse sake ? and if they be , how miserable men are you , to be the authors of them ? or do you count it no suffering for all the ministers of this way to be deprived of their livelihoods and opportunities to serve god with their gifts , and their flocks depending on them bereft of their food ? pardon this repetition , it is not done to reproach or upbraid you , but timely to warn and remember you . these were not over forward expressions only dropping casually from some more remisse and neutrall spirits undertaking for you without your warrant ( which you might judge it credulity in us to reckon upon , and injury to challenge you by ) but serious deliberations and conclusions of your own ministred to us by some in the name of you all , not whisper'd in the eare , but published to the world , and to be understood in the proper , plain ▪ and naturall sense of the words and phrases commonly , holding forth to us a bait of timely and seasonable liberty . now your intention herein was either fained , meerly to make us sleep away our opportunity upon the knees of vain promises and hopes , till your cords were twisted , and your bonds upon us ; and so all these passages are but {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , empty forms , and shapes , words fill'd with wind , condensed by a sleighty contexture , into a very promising and specious appearance only , which is not to speake the truth in christ , but to be corrupted from the simplicity that is in him : or your intention was reall , as indeed purposing to gratifie and accommodate us after the rule agreed upon for the kingdome ; and so there was reality in your words , which is that alone that honest men will offer , and wise men consider ; and if so , this design was either good or evill : if evill , then it might not be undertaken for the greatest good that could come thereof ; and why do you not retract and repent publikely of giving such hopes in your considerations ? but if it were good and just , why is it not pursued ? whether these do call upon you audibly , being your own words , promises , ingagements , let all indifferent men judge ; but surely our lives spent for you cry aloud for love and mercy to be shewed us from you ; thou shalt not muzzle the mouth of the oxe that treadeth out the come : hee that planteth a viney●●d , shall eat of the fruit thereof . doth god take care for oxen ? would hee not have us die in an oxes debt ? and is it meet and congruous his children ( whom he can maintain without being beholding to the world ) should hire out themselves for nothing more then the common , when they fain would , but cannot live upon it ? god forbid all our priviledge should be , that wee shall be last eaten , that when you have done with the more dangerous enemy , you should turn your hand upon us ; shall this foul blot of ingratitude lie upon you ? will you so bury all your fame and glorious achievements in so horrid a pit ? will you so disappoint the expectation of meek souls , who hope for this , as an additionall recompence ( next to the liberties of the kingdome , and of the protestant religion ) for the lives of brethren , husbands , friends lost in the publique service and defence ? how inaccessible soever such cries may be to your eares now through the multitude of your businesses and tumultuousnesse of your tho●ghts for present ; yet sure there will be a dead of the night , when the least noise will be heard ; i had rather say , there will be a morning , when your eyes will be opened , and it will not repent you , the kindnesse you have shewed , and the violence you have forborn to tender consciences . good , my brethren , is your ●leep too sweet unto you , and your beds too soft , and your consciences at too much ease , that you desire to create more trouble ●nto your selves , and to bring the neglected votes of the dead ( sa●red among all ) upon you , who laid down their lives upon no other condition , then liberty , first of the kingdome , then of the conscience in the protestant religion , that they nor you might be inslav'd in eith●r ; would it not shame you , the cry of the widows and orphanes of such persons . do you take away my liberty , restore my husband who died to purchase it for you ? would it not scare you , should the ghosts of those persons that have died in this cause ( those many hundred souls , that while they lived , were laden with the reproach of their consciences , but sufficiently vindicated the worthinesse of their spirits by their doings and ●●fferings so freely , so cheerfully undertaken : ) i say , should they come to your bed-sides and cry , give us our lives againe ; we laid them downe for your liberty , performe the like for us ; or beare the guilt of ingratitude , and injustice ? o should they but tell you the lamentable stories of their warfare , what affections of dearest relations they conflicted withall , and were faine to despise and over-rule with an high hand in their first ingagements , even tearing themselves from wives and children , almost contrary to the apostles rule , and far exceeding the highest dispensation for the most absolute service of prayer and fasting : and what hardship they endured of hunger and cold , and watchings , and wearinesse : what wounds they have sustain'd , what streames of bloud they have lost , what agonies they have been in , and how they have borne downe with a high hand all starting doubts and feares , lest they should not sow a considerable advantage unto themselves in those adventures , and whether or no they should indeed water a crop of ingenuous ( nay christian ) liberty to you and themselves , or their posteritie at least with their bloud : should they tell you , how they have undertaken to their owne misgiving hearts and cautelous spirits , that their labour should not be in vaine , that they should not lose their lives for naught , they did not serve such masters : no , they were confident another pharaoh must arise , before ioseph should be forgotten : should they but tell you , how their faith did put in bayle to their reason , and how this comforted them in all their anguish , and it made their farewell out of this life sweet ; and t was the last prospect or lands●ip of this iland that they saw , they beheld it as the habitation of righteousnesse , the faithfull citie . should they tell you , how ambitious they were of wounds , how prodigall of their bloud , how desirous to dye , that by their death they might make a feast of libertie to their brethren in this particular . and should they from thence fall to this expostulation ; shall wee dye for you , and must not our friends live with you , who are of the same religion with you ? did you send us out to be cut off , and to make a hand of us ? did you slay part of us in the field with the sword of the enemy , that you might the easier suppresse the residue at home ? do you count us no better then to be swords-meat , and to stop the mouthes of canons ? o earth , cover thou not our bloud , the lord behold it and require it . should such a din fill your eares sleeping and waking , what fruit would you have of your violent proceedings ? should you effect your purposes , suppresse our way , and cast forth our persons out of this good land , could you put the price of our bloud into the treasury ? would you have any list to r●●st what you had g●t by such hunting ? would not your stomacks nauseate and turne againe at the raw and bloudy cruelty of the game ? take up , oh take up betimes , know you not that it will be bitternesse in the latter end ? are we not your fellow-servants and brethren ? did not the same hand make us , that made you ? and is there not one father of us both ? one lord , one faith , one baptisme , one religion ? are you the onely rightfull inhabitants of this good countrey ? and is there not a curse denounced against those that lay house to house , and land to land , that they may dwell alone ? doe you stand in no more need of us , or have wee been reprieved till now , onely as the canaanites to help you to master the lyons , & the wild beasts , that they prevaile not against you : brethren , i would to god there were no divisions among us ; i wish it under the imperiall law of heaven , and my hearts desire and prayer for engl●nd is , that they were of one heart , and one way : but is that upon any scripture-ground to be expected here ( at least till those halcyon dayes come ) while we kn●w but in p●rt ? must we never be of one heart , till we be of one way ? then belike those exhortations to love , and peace , and christian forbearance of one another ; and not to judge but to keep the unitie of the spirit , are not visions which the apostles saw for these dayes . the time is not yet , as the jewes said , hag. . but the lord may answer us as he answered them ; is it time for you , o yee to dwell in your ●eiled houses , & c ? so is it time for a you to agree and make your common engagement against any of the lambes of christ , the ground of a renewed friend●hip ? is it a time for papists , atheists , loose and carnall protestants and malignants to agree , laying aside their particular interests , opinions , and differences ? is it a time for french , and spaniards , and danes , and walloones , and irish rebells to agree and make a confederacy with our homeborne vipers against the truth ? and is it not a time for us to agree for the truth ? is it a time for godly able men , that have in a great part renounced the hidden things of antichristian darknes , to agree with ignorant superstitious ceremony-mongers , ( that are devoted still to a common-prayer-booke , and petition for a captain to lead them back into aegypt ) and with the meanest and unworthiest spirits , ( that will but serve the time , and acknowledge their soveraigntie ) as good christians and able ministers , to make their party stronger ? and is it not a time to agree with those that denying themselves , and the world , professe to seek the truth in love . is all truth among one sort of men ? hath not christ rendred his members all in a mutuall need of one another ? * is your way the fulnesse of him th●t fills all in all ? can your refuse-brethren in conference and communication of spirituall gifts , adde nothing to you ? is there not most , oft-times , in things that are most despised ? would christ have such desperate experiments practised upon his members , to kill them , if you cannot cure them of their lesser errours ; to fine them , prison them , banish them , which to some persons and estates , is little more mercy then to knock them on the head ? doth not nature teach to beare with a blain or blemish , rather then to destroy the body ? is christ so put to it , quite out of hope ? may they not be gained hereafter ? are their opinions damnable , either in themselves , or proper consequences ? are they not further ingaged to persist in their wayes good or bad , by suffering for such things so deeply , and is not the bridge of retractation drawne up thereby ? consider these things , and take heed what you doe unto these men ; the lord hath made ierusalem a burdensome stone , that shall crush all that attempt to remove her . if our way be of god , you cannot overthrow it ; you may shew your selves fighters against god , and get the reward of such , and that 's all . take heed of walking contrary unto god , of casting shame on those , on whom he hath reflected such eminent honour , both in the army and otherwise : for i aske you , by whom hath god more deliver'd us hitherto ? who have shewed themselves more valiant in fight ? who have oftner put to flight the armies of the aliens in the north , and els-where , but those men that in the end shall be put to flight themselves , if some may have their will ? the sword of the lord , and despised gideon , hath saved this nation : saul hath slaine his thousands , and david his ten thousands . let no man envy . god will be acknowledged in his instruments , as well as in his attributes . take heed of resisting the holy ghost ; for that mighty works have been done by these men , you cannot deny : their power in prayer , their shining doctrine , their exemplary burning conversation , though wee will not paint the blemishes of any of them . but 〈◊〉 de tabula , i have offer'd my candle ; it is in the lord to proportion the successe : to some it may be a word in season : to others perhaps it will be a 〈◊〉 and a stone of stumbling . 〈◊〉 vineet veritas , truth shall overcome i verily beleeve and expect . the little stone cut out of the mountaine without hands , shall irresistibly grow , and fill the whole earth : and every plant that the he●v●nly father hath not planted , shall be puld up . men may root out themselves by persecution ; as the prelates have done ; but they shall never root up the truth . christian friends and brethren , if the truth be on your side , confide to your cause ; cease from force and violence , that you reflect not disparagement upon it . i would end , as i began , in the spirit of love and meeknesse ; consider your calling brethren , that you are called unto peace ; and take our lord jesus christ for an example , who though he was lord of all , yet became a servant unto all . he was further above his disciples in knowledge and understanding , then the wisest among us above the simplest infant ; yet he disdain'd them not , provoked them not , upbraided them not , punisht them not , taught them as they were able to beare ; after his resurrection comes to them alwayes with this salutation , peace be unto you ; and since his ascension , every epistle brings commendations of grace and peace . consider of what a spirit yee are , and ought to shew , a dove-like spirit , and oh that the voice of this turtle were heard in our land ! were not the nature of my discourse indifferent and generall , i might say somewhat , which might not onely induce liberty , ( as for every way not scandalous ) but also beget a good opinion of the congregationall way in speciall . i will say but this ; a the members of this societie grow up freely unto it ; act freely in it to mutuall comfort and edification ; they meddle with their own things , and are not busie with others , without authoritie from christ : they are ready to advise , and be advised upon every lawfull call and needfull occasion : they count not themselves perfect , but stand ready to receive further light , yea , though from the meanest of the brethren : they aspire to be punctuall , yet they allow many graines to other churches , so they have the substance : they are no otherwise independent , but as they depend more upon christ , and lesse upon men : though their first and immediate ragards be to their own , yet they count themselves debters to all the churches and members of christ : they will doe what good they can to rectifie the mistakes of others that are not of them , but know no remedy but patience , if the truth fall not upon all mens apprehensions : they say not more might not be done or devised to reclaime men from errours , but they say they have commission for no more then they practise , and they dare not say a confederacy with any meanes , with which the lord hath not said a confederacy by his institution : they boast not in their way , as approving it selfe to flesh and bloud , but as a way of faith , justified onely of the children of wisdome , that have learnt to put off their owne understanding and fleshly dependance in the things of god , and to lay the weight of all on christ , who hath given his word for it . lastly , they will communicate in all ordinances with any true church of christ , that walks up to their light , and shews a readines to receive whatsoever more shall be shewed them . now take this way , and compare it with any other , wisely , spiritually and impartially , according to that * rule given by our saviour ; and wee will stand to the issue and arbitrament of it . let that way which rases the foundation of mans glory , and wholly applyes it selfe to the glory of christ the founder , hanging absolutely on him for a word , either expresse or els by consequence , to every thing , and a blessing on every thing they undertake or doe , resolving all into his care of them , and presence among them ; be acknowledged , countenanced , and practised among us , as the way and truth of god , having no unrighteousnesse in it . and let that way which neglecting or denying christs sufficiency of rule and direction , and the promise of his grace and protection , apply themselves to man , to supply them with precepts , and support them with the fleshly arme of numbers and multitudes , of power and authoritie , be discarded as the way of man . and if wee after all our casting and contriving , cannot come to you , see ( if you would not be wanting to this accord which you have so much in your mou●hs ) if you can come to us ; which no question , but all that are godly could most heartily doe , as some of you have exprest in termes upon serious consideration of our way , ( for what is there to offend you , but a further degree of puritie aymed at in the body , the worship being alike in both ? ) and others in termes aequivalent , as that they beleeve it will not cease till it come to this way , which they grant was the primitive way , and is the purest , and the presbyterian way is but a step thereto , and will rest here as its center , and end in this as its perfection . for our parts , wee have waited mannerly all this while , and wee are heartily grieved , that the particulars of difference between us remaine yet so many , nay , that there are any , and especially so important , that we cannot yeeld to you therein . for as he said well , amicus plate , amicus aristoteles , sed magis amica veritas . finis . notes, typically marginal, from the original text notes for div a e- * esay . . * jer. . . * thes. . . a 〈…〉 * which close conjunction & c●menting is made onely by love . men may be of the same judgement , yet-sit very loose frō one another . heads touch like ● globes but in p●●cto . hearts joyne in plano . and make an incorporation of each into other . a the congregationall way characterized . * joh. ● . by the king, a proclamation for the avoyding of all intercourse betweene his maiesties royall court and the cities of london and westminster, and places adioyning england and wales. sovereign ( - : charles i) approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a stc . estc s ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) by the king, a proclamation for the avoyding of all intercourse betweene his maiesties royall court and the cities of london and westminster, and places adioyning england and wales. sovereign ( - : charles i) charles i, king of england, - . broadside. by i.l. and w.t. for bonham norton and iohn bill ..., printed at oxford : . "giuen at our court at salisbury the seuenteenth day of october, in the first yeare of our raigne of great brittaine, france, and ireland." reproduction of original in the harvard university. library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to 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subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng plague -- england. proclamations -- great britain. great britain -- history -- charles i, - . great britain -- politics and government -- - . - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion by the king . a proclamation for the avoyding of all intercourse betweene his maiesties royall court , and the cities of london and vvestminster , and places adioyning . his maiesty hauing taken a resolution that himselfe and his royall consort the queene and their courts shall very shortly remoue first to his castle of vvindsor , and after to his honour of hampton-court , and there to settle : and foreseeing that the vicinity of those places to the cities of london and westminster , and the suburbs thereof , and the borough of southwarke & towne of lambeth , which long haue been , and yet are so grievously infected with the plague , is apt to draw an intercourse betweene those cities and places & the court , which may bring extreame perill to the sacred persons of their royall maiesties , vnlesse it be very carefully avoyded . for the preventing therfore of so great & so apparant a danger , wherin all his maiesties good and louing subiects haue so large an interest . his maiesty doth straitly charge and command , that no person or persons of what degree or quality soeuer doe presume to goe or repaire directly or indirectly from the said citie of london or westminster , or either of them , or the suburbs of them , or the borrough of southwarke or towne of lambeth vnto the court , or to goe from the court vnto the said cities of london or westminster , or the suburbs of them , or the said borrough of southwarke , or towne of lambeth , or either , or any of them , and returne backe to the court againe vpon paine of his maiesties heavy displeasure , and of such further punishment as can by law or by his maiesties prerogatiue royall be inflicted vpon them for so high a contempt . and if any servant to his maiesty , or to the queene his royall consort in any office or place whatsoeuer , shall offend herein , and either in their owne person haue recourse to and fro , or wittingly suffer any other to haue recourse or accesse vnto them from those cities or suburbs thereof , or places aforesaid , his maiesty doth hereby signifie and publish his determinate purpose and resolution , that euery such offender shall not onely ipso facto forfeit and loose the office or place he holdeth , without any hope or expectation of favour now or at any time hereafter , but shall also incurre the heaviest and severest punishment which can be inflicted vpon them . and his maiesty doth straitly charge and command all his louing subiects to be carefull in the due execution of his royall will and pleasure herein , not onely in their owne persons , but in all others as much as in them lieth , and this to be strictly observed and continued vntill his maiesty shall see cause to inlarge this restraint againe , giuen at our court at salisbury the seuenteenth day of october , in the first yeare of our raigne of great brittaine , france , and ireland . god saue the king. printed at oxford by i. l. and w. t. for bonham norton and iohn bill , printers to the kings most excellent maiestie . . admirable and notable things of note viz, . the royall letter sent from the french king to his brother the king of england : . a true coppy of the lord george digbies last letter to the queenes majesty : . the queenes majesties gracious answer to the same : . a horrible treason discovered from holland which was plotted by a company of iesuites and papists against the lady elizabeth at the hague the seventh of march last, . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing a ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing a estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; :e , no ) admirable and notable things of note viz, . the royall letter sent from the french king to his brother the king of england : . a true coppy of the lord george digbies last letter to the queenes majesty : . the queenes majesties gracious answer to the same : . a horrible treason discovered from holland which was plotted by a company of iesuites and papists against the lady elizabeth at the hague the seventh of march last, . henrietta maria, queen, consort of charles i, king of england, - . her majesties gracious answer to the lord digbies letter. louis xiii, king of france, - . copy of a royall letter, sent from the king of france to the king of england. bristol, george digby, earl of, - . true coppy of the lord george digbies last letter to the queenes majesty. [ ] p. printed for francis coules and thomas banks, london : . the copy of a royal letter dated feb. , ; a true coppy of the lord digbies letter dated , ian. ; her majesties gracious answer to the lord digbies letter dated: feb. [ ] reproduction of original in thomason collection, british library. eng great britain -- politics and government -- - . a r (wing a ). civilwar no admirable and notable things of note: viz. . the royall letter sent from the french king to his brother the king of england. . a true copp [no entry] d the rate of defects per , words puts this text in the d category of texts with between and defects per , words. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - kirk davis sampled and proofread - kirk davis text and markup reviewed and edited - pfs batch review (qc) and xml conversion admirable and notable things of note : viz. . the royall letter sent from the french king to his brother the king of england . . a true coppy of the lord george digbies last letter to the queenes majesty . . the queenes majesties gracious answer to the same . . a horrible treason discovered from holland , which was plotted by a company of iesuites and papists , against the lady elizabeth at the hague , the seventh of march last . . london : printed for francis coules and thomas banks . . the copy of a royall letter , sent from the king of france to the king of england . royall brother , although the imperiall diadem hath crowned each of us , by the omnipotent providence of the almighty , and those once dis-united , might exasperate our princely mind against the british nation , yet the noble lenety of your clement nature , and the propitious consideration of those impendent and intricate perills , wherein your kingdomes are dangerously involved , have respectively induced me to declare our good exoptations & well-wishes to you . and whereas we maturely understood and with credible information received intelligence of the rebellius insurrections of ireland , we did respectively sympathize with your solicitous deploration of their disasterous proceedings , and will ( as shall be perspicuously declared hereafter ) vindicate their furious rebellion : but your majesty ( as hath been promulgated by report ) hath been mis-informed of divers particulars , which not onely casts an indigne aspersion o our royall name , and monarchicall throne , but highly derogates from our imperiall prerogative and innocuous intention . it hath been publikly divulged , that we alwayes made a ludibrious dirision at the perillous distractions of your kingdomes , and did not onely rejoyce at the disloyalty of ireland , but also instigated those rebells with a calumnious suggestion to proceed in their bloudy tyranny , as if they should depend in expectation of our auxiliary assistance . but we doe utterly defie and detest this scandalous and trecherous imputation reflected on us , and doe withall desire that the authors of this ementitious fable fathered on us , may suffer exemplary punishment : for we royally protest and affirme , with our cordall assertion , that whereas the dolefull intelligence of the british distraction came to our first audience , we were so farre from entertaining any derisive alacrity , that we seriously rather deplored the preposterous condition of of the same : and as for the rebellion in ireland , it did so astimulate our just indignation , that wee alwayes dis-affected the same , and did not onely de●ort our subjects from presuming to conjoyn with them , but also did publish a proclamation to the epidemicall aspect of all in disswasion from that resolute intention . wherefore in this behalfe , we are infinitely abused , and our royall clemency blasted with the infamous tongue of audacity , for rather a reciprocall sympathy of those grievances did concurre in our princely lenity , then a contradictory antipathie of vindicative resolution found any entertainement of tyrannicall habitation in our commoted ire . although many fugitive delinquents , ( as finch and others ) escaping from impartiall iustice , supposed to find their asylum in our realme , yet impute not so vitious a connivance to our unspotted innocency , for we wil never protect them from impunity . first then , the fraternall concatenation of brotherhood ( which by the legitimate bond of nature we are enjoyned unto ) doth foment a solicitous indulgency in our princely minde to concord and co-union , and not to inhiate the precipitious demolition , or at the least extenu●tion of each others crown . secondly the singular love of our sister ( which likewise by the respective injunction of nature we are induced unto ) doth by a sweet and delicious compulsion injoyne vs to corroborate , and not to precipitate each others throne . lastly , the firme league made between us ( which by the nationall law of kingdomes we are bound to observe ) doth propitiously instigate us to preserve each others imperiall diadems . all these unitely concurring together to the pl●usible composition of mu●ual tranquillity did respectively enjoyne us in a reciprocall coaction to declare ●ur royall intents , and indulgent desires for the flourishing prosperity of england . we applaud you for the royall entertainment of our mother , ( although we have little cause , in regard of her intestine stratagem against us ) yet we conceive , had shee tarryed longer in england , she would have suddenly brought the state to a destructive ●u●ne : notwithstanding all the sinister deprecations which we wish her , are , that in what climate soever she resides in , at length she may peaceably consummate her dayes in an happy period . we now involve our intentions to the affaires of ireland , whose barbarous insolency we will sedul●usly endevour to cohibit in the limited termination of loyalty and obedience to you their dread soveraigne . vvhat i now implore , and desire more , is contained in these concise subsequent declarations : first , that your majesty would be graciously pleased to expedite and animate your parliament to deliberate things in a conclusive confirmation , that as they have begun nobly , they may conclude with more fortunate successe to the future security of the realm : for procrastination in state matters doth either discourage some in the same nation , whose imminent grievances , are not eased , or at least doth animate forraigne enemies to perfect any conspiracy against a kingdome ; but a sudden conclusion doth both create alacrity in the joyfull minds of subjects , & also prevent what stratagem may be in agitation . secondly , we desire that your parliament would correspondently accord with your majesty without any opposition on either sides , that thus unitely concurring together , the waighty affaires of the kingdome may be determinated with more facility . lastly , what we desire more is , that you would expedite your consultations for the more propitious reliefe of ireland : and for our selfe wee royally protest , that we will confirme our former resolution to curbe the tyrannicall insolency of those rebels , which shall bee a sufficient testim●ny of our indulgent affection to your majesties prosperous raigne , and the undoubted security of your kingdomes . sealed with our royall signet at our palace in paris , feb. . . a true coppy of the lord digbies letter to the queene . madame ; i shall not adventure to write unto your majesty with freedome , but by expresses , till such time as i have a cypher , which i beseech your majesty to vouchsafe me . at this time therefore i shall onely let your majesty know where the humblest and most faithfull servant you have in the world is , here at middleborough , where i shall remaine in the privatest way i can , till i receive instructions how i shll serve the king and your majesty in these parts . if the king betake himselfe to a safe place , where he may avow and protect his servants f●o● rage and violence , for from justice i will never implore it . i shall then live in impatience and in misery till i waite upon you . but if after all hee hath done of late , hee shall betake himselfe to the easiest and compliantest wayes of accommodation , i am confident , that then i shall serve him more by my absence , than by all my industry : and it will bee a comfort to mee in all calamities , if i cannot serve you by my actions , that then i may doe it in some kind by my sufferings for your sake , having ( i protest to god no measure of happinesse or misfortune in this world , but what i derive ) from your majesties value of my affection and fidelity . middleborough the . ian. . her majesties gracious answer to the lord digbies letter my lord , wee respectiuely entertaine great alacrity in our joyfull mind , to receive the undoubted fidelity , which you expressed to vs in your last epistle . you may boldly adventure to write unto vs with freedome , as well as by expresses , the time being come , that you have a cypher , which i vouchsafe to confer upon you ; i am exceeding joyfull to know , that the humblest , and most faithfull servant i have in the world is now at middleborough ; where ( we desire ) you may remaine in the privatest way you can , till you rereceive farther instructions how you may more faithfully serve the king , and vs in those parts . the king having betaken himselfe to a safe place , where he doth , and will avow , and protect his servants from rage , and violence ( for from iustice you cannot implore it ) you may then live in patience , and joy , having the freedome to waite upon vs . but hee having betaken himselfe to the easiest and compliantest way of accommodation , confirme your confidence , that then you may serve him more by your absence , then by all your industry ; and let it bee a comfort to you in all calamities , that you may serve vs by your actions onely , and in no kind by your sufferings for our sake : that you may have no measure of misfortune , but hapinesse in this world ; which you may derive from our gracious value of your affection and fidelity . canterbury : feb , . . newes from holland . the malignant disposition of some ill affected persons to the commonwealth , like some diseases in mans body , which by a kind familarity , and consent with nature , fasten and get the possession of the body , and by degrees doth subvert and ruine the whole structure in man . none are of a more dangerous nature than those which seeme to comply with our constitution , and which by a pleasing sympathy work themselves into custome and consent . of our enemies , the civill enemy is most dangerous , and as his practice hath the least suspition , so have they the most danger , by this means working his designes from all means of pevention . since the last desire sent over unto the lady elizabeth , for the prevention of the accesse unto the queens majesty , of all such persons , which may be any means suspected to be evill counsellors , and advisers unto her royall person , and therby strive to divert the good opinion of the proceedings of this kingdome , whereby much danger and hazard hath accrued unto this kingdome . religion hath been in its power perverted , the passage of the gospell much hindred , the lawes of the kingdome in many points subverted , the execution of justice upon many malefactors prohibited , and the finall peace of this realme drawn into many most strange distractions & distempers , and his majesties good opinion of his most loyall subjects good intentions hath been much abused ; so that the proceedings concerning the affaires of this realme , have taken very small or none effect . the cotholike faction , perceiving their malicious practices to be hindred , did well hope that now her majesty being in those remote parts , that they might have the more reall accesse unto her privacie , and by that meanes the better opportunitie to execute their devillish counsels , and malicious intentions , have often attempted their accesse unto her majesty : but by the care and vigilancie of that most religious and vertuous princesse , complying with the desires of this realme now to be hindred , have endevoured by most execrable and irreligious attempts , to remove all obstacles which they apprehend did hinder the prosecution and execution of their and desires . whereupon , upon the of march l●st , two priests , and some others of that hellish confederacie , having often attempted accesse unto her majesty ( without question their aime not being ingenuous , or faithfull ) but being often prevented , now did begin to expresse their venom , in the removall of all hindrances that did retaine and hinder their aims , and came unto the princesses court , now being at the hague , their persons were veiled in a strange disguise , and their pretence was to prefer a petition unto her highnesse , concerning the distresses of themselves and their families , which they have suffered by the long and tedious war in those parts ; and for which they did supplicate unto her highnesse for some reliefe . thus no cheat never wants a faire dissimulation to cloke and cover their base intentions , and vice as yet could never want any excuse for its deformity . being thus come to the court , without a very tedious stay , her goodnesse not being jealous of any evill intentions , as vertue is not suspitious , gave them admittance unto her person , after which admittance they delivered unto her hands and co●sideration a paper , which while her grace w●s perusing , one of the disguised persons drew forth from under his coat , a p●stoll charged with a brace of bullets , and with the cock drawne up , and withall endevoured to discharge it ; but by the mercie of god , who doth still preserve his elected , and doth bring to nought the naughty counsels and attempts of the wicked , the pistoll would not go off : another of the conspiracie drew out a ponyard , and when he saw that the pistoll did not performe what they intended , with the ponyard he offered to finish what the pistoll did not execute ; but her highn●sse did escape away into her private chamber , and so by the mercie of her creator , and her flight , escaped the intended danger and destruction . immediately being forced in by her highnesse cryes , for which there was just occasion , many of her attendants , who waited not far off , issued in , and did lay hands upon those b●se and trayterous villains , and incontinently conveyed them away into safe custody , which were the next day put upon the wrack , and enforced to confesse as followeth : that they having oftentimes assayed their accesse unto the queenes majesty , for what end they would not confesse , and being by the strict guard alwayes kept about her majesty , prohibited and forbidden , that they now made this attempt upon her sacred person , supposing by her removall to accomplish their ends , and one of them , tho. earny , did make confession , that he was sorry hee did misse his opportunity , and wished a curse upon himselfe , for failing in his enterprise . this was the sum that they would at the first confesse , and so for that present they were released from the wrack , and committed unto the pr●son againe , where now they remaine in the dungeon , and will ere long , be cal'd againe into a second confession , where untill then , let them rest , untill that iustice shall further determine of them . i thought it also fit for the satisfaction of the reader , & the credite of the relation , to set downe the names of these traytors which might otherwise neither gaine bel●efe , nor give the buyer any content . the names of the two iesuites , were iohn browne , anthony taylor , both english-men , and borne in derby-shire , by their owne confession . the names of the other three , were , patrick orny an irish-man , lewes antony an italian , and thomas earny an italian also , who have discontinued their country , and lived in holland these eight yeares , during the time of those wars . finis . scandalum magnatum, or, the great trial at chelmnesford assizes held march , for the county of essex, betwixt henry, bishop of london, plaintiff, and edm. hickeringill rector of the rectory of all-saints in colchester, defendant, faithfully related : together with the nature of the writ call'd supplicavit ... granted against mr. hickeringill ... as also the articles sworn against him, by six practors of doctors-common ... published to prevent false reports. hickeringill, edmund, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing h estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) scandalum magnatum, or, the great trial at chelmnesford assizes held march , for the county of essex, betwixt henry, bishop of london, plaintiff, and edm. hickeringill rector of the rectory of all-saints in colchester, defendant, faithfully related : together with the nature of the writ call'd supplicavit ... granted against mr. hickeringill ... as also the articles sworn against him, by six practors of doctors-common ... published to prevent false reports. hickeringill, edmund, - . p. printed for e. smith ... london: . attributed by wing to edmund hickeringill. signed on p. by edm. hickeringill. numerous errors in paging. imperfect: pages stained with loss of print. reproduction of original in the union theolgical seminary library, new york. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng hickeringill, edmund, - . compton, henry, - . trials (offenses against the person) great britain -- politics and government -- - . - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - john latta sampled and proofread - john latta text and markup reviewed and edited - pfs batch review (qc) and xml conversion scandalum magnatum : or the great trial at chelmnesford assizes , held march , for the county of essex , betwixt henry bishop of london , plantiff , and edm. hickeringill rector of the rectory of all-saints in colchester , defendant , faithfully related . together with the nature of the writ call'd supplicavit , seldom granted against any in these days , more seldom granted against any but common-rogues , and common-barreters , and common-villains ; yet granted against mr. hickeringill : who was thereupon bound to the good-behaviour , at the court of king's-bench westminster , octab. pur. xxxiv . r. r. as also the articles sworn against him , by six proctors of doctors-commons ; the reverend proctors names are like-wise ( according to the record in the crown-office ) particulariz'd . with large observations and reflections upon the whole . published to prevent false reports . london , printed for e. smith at the elephant and castle in cornhil , . the introduction was there ever more need than now ( to prevent false reports ) when every coffee-house table ( instead of a better carpet ) is cover'd and pester'd with false news ? false rumours and news ( the epidemical plague ) that our ancestors were so careful to prevent , that ( as the laws oracle , cook. cap. . institut . . tells us , that ) the law before the conquest was , that the author and spreader of false rumours amongst the people had his tongue cut out , if he redeemed it not by the estimation of his head. int. leg. alveredi , cap. . if this law had been reviv'd , thompson , heraclitus and the observator had much better be tongue-ty'd . for tho wise-men and good-men ( in a just scruple of conscience ) scorn to read such nauseous ribaldry , in reverence to that of the wise-man ; ( prov. . . ) a wicked doer giveth heed to false lips ; and a lyer giveth ear to a naughty tongue ; knowing that the resettor is as bad as the thief , and that the ear that loves to hear ( is as bad as the tongue that loves to speak ) false news , and equally guilty ; and he that loveth , ( as well ) as he that maketh a lye , is rank'd amongst dogs , and sorcerers , and whoremongers , and murtherers and idolaters . ( rev. . . ) yet the depraved nature of man is ( novitatis avida ) greedy of hearing tales from the very cradle ; and many englishmen now , ( like the athenians , acts . . ) spend their time in nothing else , but either to tell or to hear some new-thing . the lydians punish'd these false news-mongers with death , as if a man's reputation was as dear to him as his life , and the assassinate of a man's good name , was accounted a murderer . the grecians and the french have but one name or word to signify the devil and ( his son ) the slanderer ; 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , diable , or devil ; who was a murtherer from the beginning ; ( that is ) a lyer , and the father of lyes : and to delight in hearing or reading false and scandalous news , is an accessory , ( which in murder and all assassinations ) is equally punish'd and equally guilty with the principal . prudent men ( tho' ) and men of courage ( like a lyon , or a right english mastiff ) stalk and walk on , when little currs bark at them , answering their yelping , only with contempt : convicia , si irascaris , tua divulgas , spreta exolescunt , saith tacitus ; if you seek to revenge slanders , you proclaim them as your own ; but if you despise them , they vanish of themselves . there are but few bishops like arch-bishop cranmer , who was so much revil'd , that he might have made work enough for the lawyers , if he would have ply'd their courts with actions , upon the statute of scandal . magnat . ●ut he chose rather to win men with his goodness , not rendring evil for evil , ●●t ( so usually ) good for evil , that it became a proverb in those days , do my lord of canterbury a displeasure , and you have him your friend ever after ; that 's more christian-like , and bishop-like , than if men had cause to say , do my lord of _____ a displeasure , and you have him your enemy ever after . sure the world is near its end , and drawing its last breath , charity is so cold now a days , old and cold , ( god knows ! ) as for example , and woful experience , ecce signum ! the pressures that this defendant has undergone since he writ the naked truth , ( above a year ago ) are almost insupportable , and enough to make his back crack , at least , enough to fright men from writing or speaking any more naked-truths : it was always so ; the great prophet of old made the same complaint , to small purpose ( god wot ) amongst some men ; ( isa . . , . ) judgment is turned away backward , and justice standeth afar off ; for truth is fallen in the street , and equity cannot enter . yea , truth faileth , and he that departeth from iniquity maketh himself a prey ; and the lord saw it , and it displeased him that there was no judgment . how has this defendant been pester'd within this twelve months ? four and twenty great heads of barretry preferr'd against him in the crown-office , about fifty witnesses subpoena'd to prove them , yet , scarce ten of them sworn , and some of them that were subpoena'd , profest before they were subpoena'd that they knew nothing of the matter , and yet subpoena'd . what ? run men down with a noise ? is that such policy ? or , is it piety ? and when the defendant's innocence appear'd , and a verdict to that purpose by the worthy jury ; yet , afterwards how was he visited and vex'd in the ecclesiastical-court of arches , ( henry bishop of london promoter there against him ) and for some of the same barretry too , of which he had been honourably acquitted ? and when the danger appear'd of prosecuting him in that ecclesiastical-court for barretry ( against the statutes of praemunire and provisors ) though witnesses were sworn to them , yet it was upon second thoughts adjudg'd unsafe to insist upon them ; and five of the articles were laid aside ( wherewith they had long made a loud noise ) and only five clandestine marriages insisted upon , or marriages without banes ( first published ) in time of divine-service , ( and how can that be where there is no divine-service ) but the old rule , necessitas vincit legem , would not pass currant against a law of man , though it prov'd a good dispensation to holy david against a law of god : but , in all haste suspended and silenc'd he must be , ( i do not know when ! ) whether the ecclesiastical court have wit in their anger , and will not do all the harm they can ; or , whether they think there is more in matrimony than a matter of money ; or , whether they think it hard to silence a minister from preaching the gospel , though the register's had not the nine or ten shillings ( as formerly ) from the defendant for a blanck-licence , whilst scarce a man in an age is silenc'd for drunkenness , ignorance , laziness , fornication , or debauchery ; or , whether they resolve to be merciful in conclusion , or , ( if that be not so probable ) whether they suspend the execution of the suspension , that the longer the blow is a heaving it may fall the heavier , i cannot tell ; but they . have found the defendant work enough this twelve-month last past , if he had had no other work , but to fence and ward off the blows made at him : then six proctors ( they ) swear against him articles in the king's-bench , and procure the writ of supplicavit against him , a writ seldom granted against any in these days , ( as we are told by the compleat sollicitor , p. , . ) he says , he remembers that about eight years ago , ( in the days of usurpation , for his book was printed anno. dom. . ) a troublesome malicious priest sued one ( namely a supplicavit ) against some of his neighbours , but he had not heard of any since ; and the parties craving it should take their corporal oath that it is not desired for any malice , hatred , or envy to the party ( surely if the said six proctors swore it , they swore it freely , heartily and clearly ! ) besides , tho 't is a writ rarely granted , yet , when it is granted it is ( more ) rarely granted against any but common rogues , and villains , common barretors , and man-catchers ; is there greater indignity than to be crucified amongst thieves and rogues ? it has been the lot of his betters , ( tho ) the defendant offered an affidavit in his behalf , made before judg dolben , by three worthy citizens , and desired ( with all humility ) that as the bench had heard of one side affidavits against him , that they would please to leave one ear open , to hear some affidavits for him , and some pleas in his defence : intending to insist upon the statute of edw. . . which if it be in force , then the ecclesiastical courts sit not legally , nor can they be called by names bad enough ; and if that statute be not in force , then why did the lord chief justice pemberton insist upon it so lately at the king's-bench bar , and also mr. rotherham , for their client mr. weald of much-waltham in essex , about the time that the last parliament sate at westminster , telling the lord chief justice scroggs , that he would not urge it warmly ( or words to the like effect ) because he perceiv'd his lordship was not prepar'd at that time to give an answer to that statute ; or words to the like effect : a moot-case belike then , and a hard case to bind a man to the good-behaviour , or threaten him with a jaile , when not wiser in the construction of the force of a statute than the lord chief justice . but nothing would be admitted to be pleaded in the defendants defence , but utrum horum ( that is not false latin , whatsoever quisquis is . ) sad choice ( alas ! ) bail , or a jail : there is no fence against a flail . they that will hear but of one ear here , shall be made to hear on both ears one day ( the day of judgment . ) and tho mr. shepherd ( in his office of a justice of the peace , pag. . ) says , that in taking a recognizance upon a supplicavit , the ordinary sum is ten or twenty pounds ( and difficultly enough ( too ) to be procured by a poor rogue , tho a great rogue ) yet , since the time and sum is arbitrary and in the breast of the justices , no less than a hundred pounds must mr. hickeringill be bound in for affronting the men of doctors-commons , ( if the proctors swore through-stitch ) nay , one of the bench stood stifly for pounds , ( that the principal should recognize , but ( in that ) he was over-ruled ) and four sureties in l. apiece ; whereas a poor common-rogue could hardly have procur'd two manucaptors : ay , ay ; he that will have honour must sometimes pay for his ambition . but , as if all these troubles were too little for the defendant ( besides the weekly affronts ) by the weekly news-mongers in their tantivy-pamphlets , ( not to mention those familiar little friendly courtships , and caresses , of villain , rogue , colchester-hick — the great scribler of the nation : daring nat. thompson reports him to be convict of perjury , tho nat. hides his viler head for the same , and dare not give an appearance for himself and his consort to mr. godfrey woodward attorney , who has long been prepar'd for him , if he could come at him , for villifying and aspersing such a man as mr. hickeringill with so pernicious and false a slander , all the kingdom over . ) but these are small matters , loss of reputation , and to be called and accounted a common rogue , common barretor , common villain ; a small matter . oh! but in the neck of all , comes me , ( decima unda ) the tenth wave , an action of l. thick , brought by a great bishop too , of great interest , great power , great friends , great parts , great learning , and great all over ; against a poor priest , or younger brother , a minorite , to reform him , ( if any body could tell how ) and make him better : nay , it will be dangerous ( this whole long year ) for mr. hickeringill to say , as did the emperour , at a general council , ( when at the first setting out and opening thereof , the good fathers were gravell'd , and at a loss , where ( first ) to begin to 'mend , the ecclesiastical frame being so horribly out of frame , â minoritis , cries one of the great ones very politickly : no quoth the emperour , ) rather a majoritis ; let us first begin to 'mend the great ones . the naked truth , with ease , we tear ; not , such as vizor-masques do wear ; for vizors sconce and skreen men here ; but will not always last , i fear . this fam'd trial came on march , . at the nisi prius bar , before the lord chief justice , sir francis pemberton ; the jury , by the sheriff of the county of essex , were thus return'd ; viz. essex ss . nomina jur. inter henr. epis . lond. qui tam , &c. quer. et edmond . hickeringill , cler. defend . andreas jenner de dunmow magnâ , bar. ricardus everard de waltham magnâ , bar. edwardus smith de thoydonmount , bar. willielmus appleton de shenfield , bar. johannes bramston de roxwell , miles balnei . marcus guyon de coggeshall magnâ , miles . johannes marshal , miles . willielmus maynard de waltham stow , ar. willielmus glascock de farnham , ar. jacobus milbourn de dunmow magnâ , ar. alexander prescot de mountnessing , ar. willielmus pert de eâd. ar. samuel hare de leigh , ar. anthonius abdey de kelvedon , ar. ricardus ballet de hatfield broad-oak , ar. johannes meade de wenden , ar. johannes tendring de baddow magnâ , ar. willielmus petre de stanford rivers , ar. henricus paschal de baddow magnâ , ar. henricus humfreys de westhamingfield , ar. ricardus how de ingate-stone , ar. ricardus stanes de altâ ongar , ar. aurelius piercey wiseman de wimbish , ar. edwardus taverner de canfield , ar. none of the jury were challenged by either side ; most of the gentlemen ( first named in the pannel ) appear'd and serv'd ; being sworn , a little councel tremblingly made a shift to read the heads of the declaration , viz. the declaration in english ( faithfully translated out of the lawyers latin ) was to this effect , viz. trinity term , xxxiii . r. r. carol. . henry bishop of london , one of the prelates of this realm of england , as well for our soveraign lord the king , as for himself , complaineth of edmond hickeringill clerk , in the custody of the marshal of the marshalsea ; for that whereas in the statute made in the parliament of king richard the second after the conquest , at glocester , in the second year of his raign , held , amongst other things , it is enacted and strictly charged under great pain , that none should be so bold as to devise , speak or relate of the prelates , dukes , earls , barons , and other nobles and great men of the realm of england , nor of the chancellor , treasurer or clerk of the privy seal , steward of the king's house , justice of the one bench or other , nor of any great officers of the said realm , any false news , lyes , or any such falsities , whereof any scandal or discord within the said realm may arise . and whosoever this should do , should incur the penalty otherwise thereof ordained , by the statute of westminster the first , as in the said statute more fully it is contained . yet the said edmond hickeringill the statute aforesaid not regarding , nor the penalty of the said statute any ways fearing , but craftily designing the good name , state , credit , dignity and honour of the said bishop to hurt and blacken , and him the said bishop into great displeasure , distrust and discredit of our said lord the king that now is , and of the great men , and great officers of this realm of england , and also of divers worthy persons , subjects of our said lord the king that now is , to bring ; the fourth day of april , in the three and thirtieth year of the raign of our said lord the king , at chelmnesford in the county of essex , divers false news and horrible lyes of the said henry , then and yet being bishop of london , and one of the prelates of this realm of england , in the presence and hearing of divers of the subjects of our said lord the king , falsly , maliciously , and scandalously devised , spoke , related , published and proclaimed in these english words following , viz. the lord bishop of london ( meaning himthe said lord bishop of london ) is a bold daring impudent man , for sending some heads in divinity to all his clergy in those parts ( meaning the clergy within the diocess of london in those parts ) which are contrary to law ( meaning the laws of the realm ) and of his further malice , the said edmond afterwards , to wit , the said fourth day of april in the three and thirtieth year abovesaid , at chelmnesford in the said county of essex , scandalously , and maliciously , and further to defame and scandalize the said bishop likewise , devised , spoke , related , published and proclamed of the said henry , then and yet bishop of london , upon a discourse of the said bishop then and there had , these other false news and horrible lies , in these english words following , that is to say , his lordship ( meaning the said henry lord bishop of london ) is very ignorant . and the said edmond further craftily designing not only the good name , state , credit , dignity and honour of the said bishop to hurt and blacken , and him the said bishop into further great displeasure , distrust and discredit ●our said soveraign lord the king that now is , and of the great men , and ●●eat officers of this kingdom of england , and of divers other worthy subjects of our said lord the king , to bring ; but also to cause him to endure the pain and peril of the laws and statutes of this realm , against traitors and such malefactors , made afterwards , to wit the said fourth day of april , in the said three and thirtieth year of the raign of our said soveraign lord the king that now is , at chelmnesford aforesaid , in the said county , divers other false news and horrible lyes of the said henry , then and yet bishop of london , and one of the prelates of this realm , in the presence and hearing of divers of the king's subjects , scandalously , falsly , and maliciously devised , spoke , related , published and declared in these english words following , viz. i ( meaning him the said edmond hickeringill ) can prove his lordship ( meaning the said henry lord bishop of london ) to be concerned in the damnable plot , ( meaning the popish plot to destroy the king , and subvert the government of this realm ) late discovered . by means of which said several false news and horrible lyes , the said bishop is not only hurt and scandalized in his reputation , honour and dignity , and the said bishop hath lost the favour , good opinion and esteem which our said soveraign lord the king , and other great men , and prelates of this realm afore towards him did bear , and divers rumors and scandals between divers of the nobles of this realm , and great men , and other the king's subjects upon the occasion aforesaid , within this realm are risen and spread abroad , and great scandals and discords by reason of the premises , between the said bishop and others of this realm are risen , and daily more and more are likely to arise , to the great disturbance of the peace and tranquillity of the realm , to the contempt of our said lord the king , and great scandal of the said bishop , and against the form of the said statute of richard the second , to the bishop's damage l. and therefore he brings this suit. issue — non cul — this trial ( of so great expectation ) came on about nine a clock in the morning , wednesday the th of march , . to prove the declaration only one single witness was produced for the plantiff , namely , one samuel harris , clerk. witnesses sworn on the behalf of the defendant , were , the right honourable edward earl of lincoln , mr. benjamin edgar , mr. ambrose flanner , robert potter , henry bull , christopher hill , and daniel howlet ; all ( except that noble earl ) parishioners of the parish of st. buttolph's in colchester , and present when the words were ( pretended to be ) spoken . actions for words ought to be precisely and punctually prov'd , and all the words together without addition or diminution ; otherwise , as the defendant ( who pleaded his own cause ) told the court , the sense must differ , except they be taken together , with the antecedent and subsequent discourse , in sensu conjuncto , not diviso ; jointly and not severally : adding , that he had a thousand times said , that , there is no god ; and yet that saying ( that looks so scandalously , atheistically and blasphemously , taken disjointed and severally from the foregoing words ) are really innocent and harmless , and have been spoken a thousand times by every man , that has a thousand times read or repeated psal . . . the fool hath said in his heart , there is no god. so also , in infinite instances , as to say , it is not lawful to love god , nor to 〈◊〉 our neighbour dissemblingly , or hypocritically ; take away the last words , and 〈◊〉 looks scandalously and most prophanely ; but taken altogether , no harm all , but good and true , and like that of the apostle , — let love be without dissimulation . the said harris ( witness for the plantiff ) had got the words pretty well by heart , but yet did not swear them so roundly off , as was expected . for , ( as to the first words , namely , the lord bishop of london is a bold daring impudent man , for sending some heads of divinity to all his clergy in these parts : ) he swore them thus , — namely , the lord bishop of london is a bold daring impudent man , for sending a printed paper , wherein were some heads of divinity which were contrary to law. but the defendant again examining , and bidding him repeat the words , he said the words were — the lord bishop of london is a bold daring impudent man , for sending some heads of divinity in a printed letter which is contrary to law. whereupon the defendant taking notice and advantage from the difference of the expressions and words , the judg bid that same harris to repeat the words once more as he would bide by it . whereupon , harris sware that the words were these — the lord bishop of london is a bold daring impudent man , for sending some heads of divinity in a paper contrary to law. there the mercury was fixt after all its several shapes . the words in the second count , he swore roundly off without any haesitation ; but the words in the third count , he did not swear as they were laid in the declaration , and yet without doubt the declaration was made according to his single information ; but it pleased god , he did not swear them off so roundly ; for instead of these words — i can prove his lordship to be concerned in the damnable plot ( meaning ) the popish plot ; he swore these words — i can prove his lordship to be concerned in the horrid plot against my righteous name and person ; and that the words were spoken by the defendant without any intervenient question , all in one continued discourse . yet the counsel would gladly have insinuated to the gentlemen that were sworn , that the words should not be taken together , but to make a pause at horrid plot , as if the next words , against my righteous name , did not sufficiently give the meaning , without any subintelligitur ; for who can imagine in sober sense that a man means john a stiles , when he expresly says john a nokes ? or , who can imagine that a man means a popish-plot , when he expresly says , a horrid plot against my righteous name ? &c. and he and all the defendants witnesses argeed in one thing , namely , that not any colloquium , discourse or mention was made of any popish plot , during the defendants stay in the company , that th of april , . being easter-monday , at the said parish-meeting for the election of officers for the said parish of st. buttolph's in colchester , as their yearly custom was , on every easter-monday . the said harris his testimony was confronted with six honest witnesses , substantial men , who had no design upon the defendant's benefice of st. buttolphs , ( an appurtenance to his rectory of all-saints , time out of mind of man to the contrary ) but the said harris could not deny , but he had a pretension thereunto by a sequestration granted to him by the plantiff . and first mr. edgar told the judg , and those that were sworn , that he was present all the time from first to last , from the said harris his coming into the room at the said parish-meeting where harris found the defendant ; and gave good attention to all the discourse that past betwixt the defendant and the said harris all the while they were together , which was not long , the defendant soon leaving the room and departing . he was order'd to declare the whole discourse , which he did as followeth ; namely , that when the said harris came into the said parish-meeting , the fourth of april last , the defendant ask'd the said harris what business he had there , or what he had to do there in his parish ? to whom harris reply'd , that he had a sequestration of the said benefice of st. buttolphs from the lord bishop of london . to whom the defendant reply'd , saying , the lord bishop is not infallible , ( and that the pope is not infallible ; ) for instance ( continued the defendant . ) the lord bishop of london sent a printed letter to every one of the clergy in these parts , wherein he recommended to them the observation of the canons of forty , which canons are disanulled by law ; which law if the bishop did not know , it was his ignorance ; but if he did know it , it was insolence . besides , the defendant added these words , the bishop of london has a prejudice against me , for i can prove that he was concerned in the horrid plot against my righteous name and reputation . in short , all the defendants witnesses agreed with mr. edgar's testimony , and all of them swore positively , that they were present during the whole discourse betwixt the said harris and the defendant , that they all gave attention thereunto , and that they did hear and take good notice of the whole discourse that past at that time betwixt the defendant and the said harris , and that the defendant during the whole discourse , mention'd not these words — the lord bishop of london is a bold daring impudent man ; nor any mention made of any heads of divinity , nor these words , his lordship is very ignorant ; nor the least mention made of a popish plot by any in the room , nor any colloquium of the popish plot ( laid ) in the declaration ; but all agreed that the defendant in a continued discourse , said — i can prove his lordship to be concern'd in the horrid plot against my righteous name and reputation ; but harris said , against my righteous name and person . and yet the said harris confessed , that after the defendant was gone out of the said room from the said meeting , he went alone by himself into another room ; and writ something , and brought it so written to some of the company , to the said mr. flanner in particular , and desired him to subscribe to the same ; ( this spake his malice and design : ) presently after the defendant was gone away . but the said mr. flanner and the rest held up their hands ( as astonish'd ) and blest themselves from him , saying , there was no such words spoke by the defendant ; and thereupon mr. flanner and mr. edgar writ down the words ( as aforesaid ) which were spoken , thinking the man had some design against the defendant to do him a mischief , as it appears since , too true ; and therefore they could not but remember the whole discourse as well as he : at least , all could tell there was no such words spoken . the preacher was a prophet when he preach'd of the horrid sin of man-catching ; it was jezebel's-way to get naboth's vineyard , and his life to boot ; 't is often fatal to have a vineyard that other men covet , kings . . and it came to pass , when jezabel heard that naboth was dead , that jezabel said to ahab , arise , take possession of the vineyard of naboth the jezreelite , which he refused to give thee for money , for naboth is not alive but dead . ( cunning harlot ! ) and it came to pass when ahab heard that naboth was dead , that ahab rose up to go down to the vineyard of naboth the jezreellite , to take possession of it . ( but this is a parenthesis . ) it was good sport to the by-standers , to hear how the glib-toung'd counsel did lay on tongue against the defendant , and to improve their little-evidence-man : they did earn their guinies , to give them their due . the lacedominians ( a wise people ) banish'd all hackney-orators out of their dominions , as pernicious to their common-wealth , because they could ( like old ladies ) paint and bedawb their wrinckles , could black-patch their pimples and sores , and make them beauty-spots . candida de nigris & de candentibus atra . could disguize the truth , and cast dirt and asperse when and where and whom they list , an effeminate-trade ; yet for calumny these lawyers are usually out-done by every fish-wife and butter-quean . but to go on with the famous trial , some men are bound to the good-behaviour , ( as the defendant told sir george jeffries , in the midst of his harrangue , ) wishing that his tongue also was as fast ty'd and bound to the good-behaviour , as is the defendants : and withal , told the gentlemen that were sworn , that the less heed was to be given to sir george's words , because he was not a man of his word ; for that sir george had promis'd the last assizes at brentwood ( a year and half ago , ) that he would never be retain'd ( nor plead ) against the defendant , tho any man should give him an hundred guinies ; no , not against curse ye meroz . — but comes me out ( before the next assizes ) — the poor book , called the naked truth — the second part. and then stand clear from a common-barretor , the knight had forgot his promise to curse ye meroz — so fickle a passion is this same thing ( called ) love , ( as this defendant now told him ) neither man nor woman knows well when they are sure on 't ; if i were his lady i should be jealous of him , ( nay , i should ) if he were as inconstant in his love to me , as he has prov'd to this defendant ; ( i say again ) at this rate his lady will scarce know when she can be cock-sure of his love ; ( inconstant man ! ) well , perhaps she may give him a rowland , for his oliver ; the punishment , the usual and just punishment of a liquorish tongue , ( a luscious , wanton , extravagant tongue is to be plagu'd with a ) liquorish t — but enough of that at present , i am in his debt , and i 'll certainly pay him off with celebrating in heroick verse , the merits of the noisy-hero and his lady , to perpetuate them to all posterity ; let him shake his head , and stare with open-eyes how he pleases , 't is strange if he should not some time or other meet with his match ; we are told — — a poet should be fear'd when angry , like a comets flaming beard . he shall repent his inconstance , ( he shall , ) let him do his worst . a time may come yet , and a day of reckoning , god is righteous , and he usually shows his justice in this world , against the greatest atheists that live hectoring and torying in defiance of him , as if god had forsaken the earth , and where is the god of judgment ? to support the credit of their little witness-man , which they craftily foresaw would be shrewdly shaken by all the witnesses , they had provided ( ready for the work ) five clergy-men , to adorn the little black-coat with five circingles more , men of the same stamp , ( and if possible , ) swore as boldly and venturously for him and the bishop , as harris himself ; and brought for the very nonce . but good sir george jeffries ( that never before had told a lye at the bar ) if you 'll believe him , or any hackney breath-sellers , they come not for the sake of the guinies , but purely in devotion to justice , and love to their clyent and his cause , tho pro or con , who comes first to retain them ( right or wrong , ) tongue waggs in the cause , if it be retain'd , and if the angel appear , then the a — opens his mouth , ( a very pretty world ) nay , many of them do not read their breviats 'till the cause be call'd , and then with two eyes , in all haste , they are busy to spy out vantages ; ( poor clients are well help'd up , and what with an ignorant jury , or a pick'd-jury for that very purpose , ( as this was by order of the court of king's-bench , the last day of the last term , upon the motion of sir francis withins , just such another man. ) poor country-men have a fine time on 't , to go to law as tinkers mend kettles , to remedy one hole in their estate , they make two ; is not this remedy worse than the disease ? ) what ? do you think a lawyer will tell a lye ? but the good knight , sir george jeffries , told a whisker at this time , when the said black-coats swore so heartily , in vindication of harris his reputation ; one mr. powell swore he had known harris a twelve-month and more , and he never knew any ill by him ; so swore one mr. kiddier , and mr. grove ( i think his name was ) of london , and so swore also one thompson , and one shelton , two colchester ministers . look you ( my lord ) quoth sir george , here are clergy-men swear to the reputation of the witness for the bishop , clergy-men that here come by accident , and spying them in court , we make use of them . whereupon the defendant ask'd the said colchester-ministers , thompson and shelton , whether sir george was a man to be believ'd herein , or a man of his word , when he said these clergy-men came by accident , &c. speak ( sirs ) you are upon your oaths , did you come by accident , or for set purpose subpoena'd to give this testimony ? they answered ( for they durst not do no other , being publickly subpoena'd ) that they came on purpose , being subpoena'd . then , ( good sir george ) retorted the defendant , where is your veracity , your truth good sir george ? but sir george sat down very angerly , his mouth was stop'd for once , ( is it not a wonder ! ) and the good gentleman was silenc'd , his welsh-blood flying into his face , and answering for him only with a blush : nay , 't is well he had the grace to blush , he is not much given to it ; but this was put upon him from his own witnesses , the said black-coats , who had all of them more cause to blush , than sir george , but they blush'd no more than a black-d — nay , i 'll trust such black-coats with an oath , as soon as poorer men , if there be a bishop in the case , and hopes of favour and preferment ; what ? can any man think they will not stretch it for a bishop , when ( one says ) they will ride down sun and moon for a benefice , a prebendary , or a dignity . the men were true sons of the church , and knew the virtue of the oath of canonical obedience ; but unhappily the defendant snap'd them with one single question , and made them all swear ( in effect ) tongue thou liest ; and contradict themselves and one another , and all upon oath too . the question put to every one of these clergy-men ( who swore so thorow-stitch to harris his reputation ) was this ; namely , is it not an ill thing in a clergy-man , and a vicar ( who is sworn to perpetual residence in his parish ) to be non-resident for three quarters of a year , minding only the fleece but not the flock ? this gravell'd them , for they knew the danger of perjury , and knew not well how to avoid it . and therefore powel being first ask'd the question ( and the rest of them after him , one after another ) was at a stand , and knew not what to say . let 's have no pumping , no pumping , i beseech you good mr. powel , answer directly , ( said the defendant . ) is it not an ill thing for a minister to be non-resident ever since before mid-summer last ? yes , replyed he , and they ; ( there was no help for it . ) well then , has not mr. harris been non-resident and deserted his flock ever since mid-summer last ? yes , replyed mr. powel , and the rest of them ; and yet before they knew no ill thing . but ( says mr. powel ) there has been some differences and contentions about the parishes of st. buttolphs and st. leonard's in colchester , which the bishop gave to mr. harris by sequestration : but ( replyed the defendant . ) what is that to fingringhoe , to which vicaridge harris is instituted , and inducted to your knowledg , for you were present at his induction , and so was thompson and shelton , the other witnesses ; which all of them confest , ( for they could not avoid it by any evasion or equivocation ) only said , there was no vicarage-house at fingringhoe ; to whom the defendant retorted , that it might be a good excuse for not residing upon his vicarage , if he resided in any other house of the parish ; but what is that to his leaving his flock at the distance of fourty miles , namely , at london , and taking upon him another cure and charge , ( as curate under mr. grove ? ) and leaving none to supply the place for three quarters of a year , nor four sermons from mid-summer to michaelmas ; and those preach'd by a quondam logg-river , one mr. sills , rector of dounyland ( a good rectory ) but the man tho a rector , never yet could , nor ever was able so much as to read his accidence ; yet he that knows not how to supply his own cure as he ought , must ( for cheapness ) mumble ( to boot ) a little for this prime and single episcopal-witness : ( good doings the while ! ) this 't is to be in favour with a prelate , and this 't is to incur the displeasure of a prelate , and tell bold truths ; ( behold the difference ! ) the defendant silenc'd , stigmatiz'd , bely'd and slander'd , vilify'd as a common-varlet and common-barretor , paid off with indictments , informations , actions and accusations , in spiritual court , in temporal courts , henry bishop of london promoter , suspensions , supplicavits , excommunications , fines , outragious verdicts , plots and complots , conspiracies and horrid plots to ruine him and his family , by enriching the rich bishop , and all for what ? for a little naked-truth . ( sir george jefferies brought the books , and pointed with his index to the two last lines of the black non-conformist , namely — a bishop sayest ? thou lyest : him cornet call of the black-regiment , that jayles us all . the welsh-man looking merrily at the defendant , and glaring in his face ; ) for sir george insisted more to the jury , concerning the defendant's books , and his writing and speaking against lordly prelacy ( than upon the declaration ) producing two letters writ by the defendant to the bishop , wherein he complain'd to the bishop how hardly he was used , ( i wish they would print those letters , as well as produce them to the jury , ) as if it were a sin to groan when a man is pinch'd and tormented : first they make us sigh , and then accuse us for sighing to ease our hearts . but first sir george insisted upon the title and superscription of those letters ( to the bishop of london ) which was descanted upon ( notably ) by that critick in law , sir george jefferies ; namely , this to henry lord bishop of london these . do you see , gentlemen , ( quoth sir george ) henry lord bishop , no more i sir , ( quoth he , to the defendant ) it might have become you to have styl'd him , — reverend father in god — you have not said — to the right reverend father in god , henry lord bishop , &c. that , quoth sir george is omitted , and seems to be an aggravation ( at least ) if not another scandalum magnatum : nothing but plain henry lord bishop ; a gentleman of a noble extract and pedigree , i hope the jury will take notice of this omission , here is no — reverend father in god. that is ( replyed the defendant ) the very naked-truth on 't , you say right , sir george , there is no reverend father in god in the case , who denies it ! but , ( said the defendant ) i am not innur'd ( nor desire to be innur'd ) to court-complements ; ( i think ) to say henry lord bishop , is pretty fair for him , and pretty fair from me . sir george makes little or nothing of a lordship belike ; whereas the bishop of london's grand-father william compton , liv'd the greatest part of his life without the title of lordship . for indeed william compton ( this bishop's grand-father ) was the first of the compton's that ever was an earl since adam : and king james created him earl of northampton , ( i could tell the reader how , and for what too ) anno dom. . there are thousands alive that remember the business . but no doubt , but the bishop did come of a noble extract : but if sir george had not taken notice of it , the noble family would have been never the worse ; for when men are always dung in the teeth with the same and the same bastinado , self-preservation makes them stand upon their guard , and perhaps take the length on 't : and as it happens , this pedigree ( that sir george did so bluster with ) is not so long neither — not so long as a welsh-pedigree , ap lewis , ap george , ap morgan , ap taphee , ap lloyd , is a pedigree more than twice so long . but i should have wondred , if the welsh-man ( on this occasion too , you 'll say ) had not vapour'd with his extract and pedigree . but , to the business — here 's no reverend father in god : 't is readily granted , nor is the omission a sin of omission , 't is no crime ; for a younger brother to be a lord that 's pretty fair , and more honour than his grand-father arriv'd unto at his years : for a man that was but the other day a cornet in captain compton's troop in the earl of oxford's regiment ( i think ) by the king's grace to be made a prelate , and a lord bishop , there 's no reason in the world that he or any body else should take it so in disdain , to be called only lord bishop , since that old complement ( of popish-times ) namely , reverend father in god , was never given 'till priests grew abominably and loathsomely proud and ambitious , when pride and prelacy came in fashion . the defendant in his epistle dedicatory to the arch-bishop ( to avoid offence ) in his book called the black-non-conformist , does give that old father , the stile — namely , ( the stile that sir george does so want , and does so stare about to the jury , to find it missing ) to the reverend father in god william , &c. but the bishop of london is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , newly come to the faith , as being young in years , and a cornet of horse within the memory of youth , and unmarried , and much a younger brother to the defendant , both in years , in travels , in studies , at the university , in experience , nay , as a souldier too ; one a cornet , the other a captain , one a great traveller as the most gentlemen in england ; the other 's greatest travels is but over the diocess , in conferences , visitations , to gather procurations , and unconformable confirmations not according to law ( as is proved in the black-non-conformist ; ) and for the defendant to have called one who is ( indeed ) ( only by the king's grace ( as being made a bishop and a doctor ) and therefore only ) his senior , but his younger brother by many degrees in all other respects , as aforesaid ; if the defendant had pleased sir george's humour , and had stiled him reverend father in god , perhaps the bishop would have thought the defendant had jeer'd him , and then all the fat had been in the fire again , and all in a flame , the other action of scandalum magnatum . and let the by-standers judg , whether it had not been as much for the bishop's honour , if sir george had never touch'd upon the pedigree , but have left it quiet as he found it ; nor yet have star'd about , when he mist the old cogging , flattering , hierarchical , and prelatical complement ( of ) reverend father in god. a complement now worn out at elbows , and as tatter'd , trite , and thread-bare , as — your humble servant . and for the noble pedigree , the welsh-man had as good have let it alone , ( if it had been possible for a welsh-man to omit the occasion ; ) but the noble extract and pedigree ( which no body does deny ) had rested never the worse if he had suffer'd it to sleep quietly to all posterity , without this his index to disturb it . here 's a flanting-do with these welsh-men and their extracts , and their pedigree's ; and if old adam or noah were alive , they would equally love a beggar , as one ( who is as nigh a kinsman of their blood ) as the welsh knight himself : away with this musty , worm-eaten-heraldry , some by pimping ( and worse , ) have got to be lords ; stand clear there from all his progeny , remember ric. . sirra , we 'll scandalum magnat . you ! do you not honour a lord , and a lord's son ? a lord's son ! can you prove your words ? now it is the mode in some countries , for ladies that have lords , to have also a gallant , a strong back'd coach-man , or sweaty foot-man , or groom , ( spindle-shank'd gentlemen-ushers ( as useless ) being laid aside : ) and now it is the mode , the court-like mode , for a lord that has a wife , to keep a miss — likewise ; that it would puzzle this same little harris ( who would make no bones of a probable oath ( but swallow it roundly ) to swear who is a lord's son ; and yet what a pother men keep in the world with their noble blood , noble blood ; when the chirurgeon swears , that there is not one of a hundred lords ( upon trial of phlebotomy ) has so good blood in his veins as the defendant . in guinee , therefore , to secure the blood-royal infallibly ( in the blood and family-royal ; ) the eldest son of the king 's eldest sister does heir the crown , not the king's son ; for so there can be no foul play . but the said two letters were read , wherein the defendant inculcated the commands of our saviour to his disciples , that they should not lord it over one another , ( as the princes and men of the world do : ) look you , ( says sir francis withins ) he justifies his speaking against prelates . ( as if it were a sin to quote our saviour's own words ! ) but especially he and sir george storm'd when the defendant said , that prelacy is condemn'd , tim. . . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , absque eo ut unum alteri praeferas ; without preferring ( or , prelating ) one before another . ) worse and worse , saith mr. withins , he justifies , here 's scandalum magnatum again , an aggravation gentlemen , i hope you will remember it in the damages . ( ay , ay , trouble not your head ! ) the jury-men were wise-men and had conn'd their lesson perfectly , and knew their business and what to do , as well as sir francis could tell them ; he might have spar'd his breath to cool his pottage ; or , for the next cause ; and yet when his tongue did not go , his hand went , ( at every clause and period and sometimes at every word ) lifting up his hand and then the cadence , ( he had seen the singing-men how they act their prayers . ) and when the words of the letter were full of heavy complaints , made to the bishop by this defendant , at every period , or clause , — hah ( quoth sir francis : ) as when in the letter the defendant complains , that the bishop of london listned to clandestine affidavits — ( hah ! quoth sir francis ) about the false accusations of barretry — ( hah ! ) and taken illegally ( hah — ) and out of court ( hah — ) when there was no cause depending — ( hah — ) nor any issue joined — ( hah — ) nor any cause that was of ecclesiastical cognizance — ( hah — ) and sworn by two bum-lifts — martin and groom , ( hah — ) two fellows of the basest conversation — ( hah — ) the former , martin , whip'd for a thief , ( hah — ) in sudbury — ( hah — ) and the record thereof produc'd , and prov'd at the assizes , by mr. george catesby , town-clerk of sudbury ( hah — still quoth sir francis : ) and that the fellows swore through an inch-board , as swearing against records ( hah — ) and after his lordship knew this to be true , yet he or his chancellor sir tho. exton , or the registers — morris and betts , or all of them , still prosecuted the defendant as a common-barretor — ( hah — ) and for taking a bribe for granting an administration to thomas shortland which they knew by their register-books was never granted , and yet ( knowing all this ) they suffer'd this martin to swear that he brought the administration from chelmnesford , from the register's-office of that couple — morris and betts ; and groom ( their apparitor , fit companions in their spiritual court ) swore he saw the administration under seal of the court , and granted to thomas shortland by the defendant , as surrogate ; when they knew all was false as god is true , and that not the defendant , but gilbert arch-bishop of canterbury ( in the prerogative-court where the defendant was never concern'd in his life ) and marcus cottle ( not morris , nor betts registers ) and under the seal of the arch-bishop : of such vexations and grievances the defendant humbly complains , ( but smartly and warmly too ) in his letters to the bishop , and humbly entreats the bishop , either to give him reparation for the damages he has causelessly been put unto ; or , if he would stand upon the plea of his innocence and justification ( that he would please to give this defendant the benefit of righting himself by law — ( hah — ) and that the said bishop would be pleased to wave his priviledg , and give appearance to the desendants attorney mr. coleman — ( hah — ) and come in amongst the rest of the conspirators and plotters against the defendants righteous name and reputation — ( hah — ) and that all these mischiefs had their rise from that old inveterate piece of malice ( hah — ) sir john shaw — ( hah — ) who without any lawful power or authority — ( hah — ) had taken clandestine affidavits ( hah — ) in his house ( hah — ) about barretry ( hah — ) depending in the king's-bench — ( hah — ) where sir john shaw had no authority to give or take an oath — ( hah — ) in private — ( hah — ) against the laws of the land ( hah — ) and made them ready against the bishop came down , to set the bishop to roil mr. hickeringill , whom , he knew , would not tamely suffer himself and his reputation to be illegally and publickly brought in question by any bishop in christendom — ( hah — ) this was the sum and substance of those two letters which the defendant writ to the said bishop , that were never answered , but only ( as men are when they are prest to death , ) with — more weight — more weight — the defendant , in vain , opposed the reading of his private letters , saying it was not genteel , civil nor manly to produce such evidence , and nothing to the present declaration , and that tho there was nothing in them but what was modest and true , yet private letters are , and ought to be sacred in their privacy , and that — ( si liceat parvis componere magna . ) king charles . ( if it be lawful to compare great with small ) did justly upbraid the parliament with the incivility of publishing his private letters taken at naseby , tho there was nothing in them , ( nor in this defendants letters ) for which any man need blush , or be blam'd . but this is the ecclesiastical-candor ; any method to expose the defendant , no vengeance is great enough , no fine or verdict outragious enough , to crush one that dares ( as the defendant has ) discover the mystery of iniquity ecclesiastical , in extortions , illegal fees , oppressions , and courts kept in dessance of the statutes of this realm , excommunications , absolutions , prophanations , procurations , visitations , ( namely ) vexations , &c. there 's a villain indeed ! plague him , all hands aloft , all 's at stake , down goes — if you do not help ; this fellow is another ( germana illa bestia quae non curat aurum , a ) german beast that regards not preferment , as the cardinal told the pope when he chid him , because he could not ( by tampering with luther , and the proffer of gold , and a cardinal's cap ) prevail with him , nor take him off from writing and preaching against the abominations and corruptions of the church and church-men . church and church-men ! ay , set but the clergy — upon a man , and you need not set any dogs upon him to worry him ? church and church-men ! ha! do you know who you speak against ? what ? find fault with oppressions and extortions of ecclesiastical-courts , with apparitors , registers , commissaries , and all that fry of lay-elders ? church and church-men ! ha! do you speak against prelacy ? say that word again , say it again before witness — sirrah , villain , rogue ! how dare you at this time of day speak scripture , dangerous scripture , scripture against statute-law , rich. . . which statute makes a prelate , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , acts . . some great one ; and you , sirra , would have him , as your saviour and the gospel would have him , as lowly as christ or his apostles ; you , sirra , do you speak scripture in a court of law ? ha! what do you produce a bible instead of a breviate ? do you plead gospel against law ? and christ and his apostles , in defiance of rich. ? an aggravation , an aggravation , ( as sir francis withins said ) the defendant justifies in a plea of non-culp — this is rich indeed ! these errors will be committed when you suffer parsons to be pleaders , and plead their own cause , and understand not the punctilio's and methods of nice-pleading — very fine ! what suffer scripture to be quoted instead of law , and christ and his apostles , instead of cook and littleton ? for shame . and yet the defendant ( ignorant man ! ) did not understand the mischief of urging a little scripture in this cause betwixt two church-men , and already there decided , namely , that of christ , st. paul , and st. peter against all prelacy , pride , lordliness and dominion one brother over another , not lording it over god's heritage . but , christ and st. paul and st. peter were poor men , silver and gold had they none , they were meek , humble , and lowly , and when they were reviled , reviled not again , nor brought an action of scandalum magnat . nor did fee a pack of lawyers to mouth it , upon an old statute , made in the time of popish prelacy , and when antichrist was rampant , and when the devil raigned , a time ( as the defendant told the court ) when the prelates did all , and all ill ; a time when the prelates were grand rebels as ever were in england : for then ( in the raign of rich. . ) was this statute made , when the clergy were as very rebels as wall the priest , wat. tyler , or any of that wicked crew . 't is true ; henry spencer bishop of norwich , was general for the king both in england and france ( did not armour disgrace bishop henry's lawn-sleeves ? ) the bishop of ely was lord chancellor ; ( countez , two. ) tho. arundel bishop of hereford , ( countez , three ) lord treasurer : nicholas ( abbot of waltham ) lord privy-seal ; ( four. ) william arch-bishop of canterbury ; ( five . ) alexander arch-bishop of york ; ( countez , six . ) william bishop of winchester ; ( seven . ) and thomas bishop of exeter ; ( eight . ) good men and true : ( that 's a lye ) a pack of damnable villains and rebells as ever were in england , for taking upon them ( by commission ) to rule the king and kingdom , and so the judges concluded that ( commission of thirteen persons to rule the king and kingdom , of which eight were prelates , with five lay-men , for fashion-sake , for the prelates could out-vote them when they list , ) a devilish rebellion , abominable prelates in rich. d's time , when the statute of scandalum magnatum was made : and struck at it has been by the last parliament at westminster , and others , as a statute obsolete , or ( in the judgment of the wisdom of the nation , the honourable house of commons ) to be repealed ; being made in the wicked time aforesaid when the devil danc'd , and simon magus vaunted himself to be one of the magnat , some great one , and yet also the successor of simon peter ; who was a poor fisher-man , and a fisher of men ; not a pick-pocket , nor a promoter of law-suits ; nor did he mend his market by turning church-man ( as some have done , too well known ) but to his dying day was poor and pennyless , having his faith and hope in another world , and being a disciple of him whose kingdom is not of this world. all this and more the defendant told the court , and the men that were sworn ( for to give the judge his due ) he gave the defendant sufficient leave , and leisure for three hours to defend himself against the crafty suggestions , and dirty language thrown at him , on purpose to vilify him with dirt , which the counsel had rak'd up together ; and in two set-speeches made on purpose , fetch'd it far , and not at all to the purpose or to the matter in hand , villifying him with the miseries and vexations with which they had loaded him in the barretry and supplicavit , ( as if his sufferings were his only crime . ) but something they must say for their guinies , and for their lord prelate , and in hopes of preferment , and his good word and recommendation ; but the defendant gave them such smart , such nimble , and such home repartees , and ( so free from all passion , and unmov'd ) that even his enemies , and all the hearers could not but acknowledg , that as he never spoke more at one time , so he never spoke better in his life . and yet to no more fruit , than if he had preach'd ( as st. bede did ) to a heap of stones ; for the jury were resolv'd-men ; never men better tutor'd , better cull'd , and obsequious — paedagogue said to his imps — ye 'ave con'd your lessen well , stroke them o'th'head , call them good boys , and buy them ginger-bread . there is cunning in dawbing , and a cause slenderly witnessed , had need be well-jury'd , or else the l. had not been worth a gray-groat ; no , not worth a brummingham . a plain countrey yeoman has neither hopes nor fears at court ( the wiser and happyer man he ) he is neither fearful a commission to lose , nor in hopes of a commission to get ; but values his oath , his soul , and his conscience above all . you talk of an ignoramus-jury in london , we 'll match them in essex with billa-vera-men ; you talk of a whigg-jury , we can match them with a tory-jury : does not the london-juries idolize the men of doctor's-commons ? bring doctor's-commons-men into essex , and tho most abominable contemners of statutes , oppressors , extortioners , buyers and sellers of offices , and ( they know all this is true , except their consciences be hardned ) yet let them come into essex , and ( as the common strumpet said to the fellow that call'd her whore , which she knew as well or better than he ) you , sirra , villain , i would you would prove me a whore , sirra ; bear witness — neighbours — scandal . magn. — he calls me whore , scarlet whore — bear witness — sir thomas exton must be call'd too , as a witness , for his master the bishop ( a very good witness said the judge and the council ) a man untainted , they meant unattainted , unconvicted , as yet ; a blot is no blot 'till it be hit ; if i live it shall be as well as betts and morris — but what had sir thomas to do at a parish-meeting , in the parish of st. buttolphs in colchester ? no , that 's true ; but he was not produc'd as a witness to prove the declaration ; no , no ; a good reason why , he could not swear , when he was not there ; but he was call'd to prove some private discourse that the defendant had with him , in his private chamber , whither the defendant came ( in doctors commons , they being old acquaintance ) and the defendant desired the said doctor exton to mediate an accommodation betwixt him and the bishop , as a common friend to both ; which sir thomas undertook to do , when the defendant had ingenuously made a private confession to him of the truth of the case , to the very same effect , that the defendants witnesses unanimously swore it ; namely , that the defendant did speak of a printed paper , which the plantiff sent down to every clergy-man , beginning with these words — good brother — &c. and ending with these words — your lo. brother , h. london . in which paper the bishop recommended to the clergy the observation of the . . and . canons or constitutions of forty ; ( which the defendant said again in open court were so far from being according to law , that it was non-sence , forasmuch as the constitutions of forty , have not nor canons , nor above eleven , and therefore it was insolence or impudence , to lay upon the clergy burdens not to be born , and duties impossible to be observ'd ; forasmuch as it is non-sence to bid them observe the and canons and d of the constitutions of forty ; there is not so many , and yet there is enow of those lambeth-canons , which ( the defendant said ) do seem to have a mark of non-allowance by the car. . . for if the words of that statute leave those canons of , only just in statu quo , then the mentioning the — not confirming them , &c. in the said statute , signifies nothing at all ; for so those canons would have been ( in statu quo ) altho that statute had never been made ; which law , the defendant said , if the bishop knew not , it was his ignorance ; if he did know it , it was insolence to oppose his sence and judgment to that of the king and parliament ; and to impose impossibilities upon the clergy . and this defendant confessed again , that those words he did say , and if the bishop be aggriev'd thereat , he is at liberty ( if he have not enough of this ) to bring another action of scandal . magnat . if he pleased , but not being the words of the declaration , that , and what sir thomas exton witnessed was nothing ( as the judg fairly told the jury ) to this present action . but this must be said for sir thomas exton , he did his good will , and no doubt but he will reap the thanks for the same , and perhaps be the better for the defendants money ( when they can catch it ) but no jusuite could equivocate more than sir thomas did , when he first gave his evidence against the defendant upon oath . for he had the words — ignorance — and impudence — spoken of the bishop ; ( which come pretty near to those words in the declaration — impudent man — and ignorant man — but being not the same , could not affect , nor ought not to affect the jury ( as the judge honestly told them , and less he could not say ) as to the proof of the declaration ; for the all , the stress , and weight of that , lay solely and singly upon little harris his evidence . and for that cause , the defendant neglected sir thomas his evidence , as impertinent to the matter in hand ; but i thank you , — latet anguis in herbâ . when sir george perceived that the defendant had ( and willingly ) slighted it , and neglected to examine sir thomas exton about the colloquium and foregoing discourse preceding the words — ignorance — and impudence — which when afterwards confessed by sir thomas upon the defendants reexamining him , and quite altering the sence ) to see , how sir george ( when he thought the defendant had done , and said all , and the plantiffs counsel claim'd the privilidg ( that a sort of females claim ) of having the last word , ) to see , and hear , i say , how sir george and sir francis did mouth and open upon 't ; — here is sir thomas exton ( gentlemen ) a man of untainted reputation , he speaks in effect the same thing , and almost the same words , — ( and yet the judg had said before , that what sir thomas witnessed was nothing to the proof of the declaration ; ) but sir george spent many words upon it notwithstanding — whereupon the defendant interrupted him , ( at which he stared and storm'd and fretted at a great rate , ) but to little purpose , for the judg very mildly , bid the defendant go on to examine sir thomas exton more strictly , since they endeavour'd to make work with his testimony , ( declared impertinent to the present cause now in question , as aforesaid . ) sir thomas exton , ( said the defendant ) was there no colloquium , no discourse preceding nor subsequent to to the words ignorance , — and impudence ? — yes ; replyed sir thomas ; you were discoursing of a printed paper , and the statute of car. . . which seems to disallow the canons of forty , which statute ( you said ) if the bishop did not know , it was his ignorance , but , if he did know the same , it was impudence to oppose his sense and judgment , to the judgment of the king and parliament . and herein ( when it was almost too late ; herein , when he had almost forgot his oath , ( which so lately he had sworn ) to speak the whole truth , as well as nothing but the truth ; herein , when the jury and the court was possest and prejudic'd with his evidence first given of the words — ignorance — and impudence three hours together , then indeed , upon further examination the truth was pump'd out of him : oh! the policy of this wicked world ! some are wiser than some , at least some are crafty , wise to do evil , but to do good they have no knowledg ; a craft that is easily and readily learn'd ; for , any man , that is not a very fool , may soon arrive to be a knave ; tho none but a fool will be a knave ; any fool has head-piece enough to be a machiaveilian , if he have so little wit as to be a knave , and so bad a heart as to be hard , or hardned in mischief : for scarcely any man wants wit enough ( if he have but wickedness enough ) to be a knave or perfidious . then , the defendant bid sir thomas exton say , upon his oath , on what occasion these words were spoken to him by the defendant in private , with him in his chamber ? — to which the doctor then ( and not 'till then ) replyed , that the defendant came to him as his old acquaintance , ( but a false friend to be sure ) that he would use his interest with the bishop , to accommodate those matters ; which honest office of a peace-maker sir thomas undertook , and promised to give the defendant the bishop's answer with all convenient speed , the bishop being then at his country-house , at fullham . ay ; but when the defendant came again to his chamber , to hear the bishop's answer , sir thomas begun with wrinckled brows to tell this defendant , that — did he ( the defendant ) think that after all the mischiefs he had done to the bishop's courts ( ay , there , there , it pinch'd ) in his late books all the kingdom over , that the matter could be taken up with a private submission in a parcel of fair and soft words ? will you ( quoth sir thomas ) publickly and in print retract and refute your books called the naked-truth ? who , i ? ( replyed the defendant ) what ? the same hand that gave the wound give the cure ? what ? vulnus opemque tulit ? continued mr. hickeringill . nothing like it , quoth sir thomas ; no , no , ( replyed the defendant ) you are high enough already , but i 'll see you all 〈◊〉 high as pauls first ; whereupon the defendant departed from him , for ever parted . and let all ingenuous gentlemen judge , how un-knight-like , ungenteel , un-christian , and inhumane it was in sir thomas , to make his table a snare ; and to be an evidence to improve ( tho he could not prove ) the present action of scandalum magnatum , from words ingenuously confessed to him in private as a common-friend and mediator betwixt the bishop and the defendant . can any man imagine , or can it be in the least probable , that any man should give more scandalous words against the bishop , at the very time , and to the very man that undertook to be a peace-maker ? and did not so much as take the least exceptions against what was spoken ; but went to treat the bishop to terms of accommodation , until the defendant peremptorily refused to retract , or write against the books called the naked-truth , the second part ; in lieu of which retraction , the defendant did write again indeed , but mended the matter , in the black-non-conformist ; these are the dear , dear books , that has cost the defendant so dear , and must be his ruine , if combined clergy-malice and revenge-ecclesiastical will do the feat . barnaby — tak 't for a warning , neither write nor speak ( as this defendant has ) against the vile corruptions , abominable extortions of the men of doctor's-commons ; hem ! heu ! wo , and alas ! devorat accipiter , vexat censura columbas . the birds of prey are never vext , but the poor doves must be perplext . or , thus ; make rome there for the birds of prey ; but fright the poor doves quite away . let the vexations , citations , actions , articles , promotions , writs , supplicavits , and oaths of the ecclesiastical-men , and men of doctor's-commons ( the only affidavit-men against mr. hickeringill ) be chronicled to all posterity ; together with that unconscionable , inhumane and outragious fine of l. by a pick'd jury ( pick'd and appointed on set purpose ) together with the names of the precious jury-men ; and let them pray that the righteous god do not deal as severely with them and theirs , to their ruine , as they have unmercifully and unchristianly ruin'd the defendant and his family , wife and children . god is just ( not only hereafter , but ) in this world , wait and see the finger of god in this affair ; shall he not avenge his own elect , tho he bear long with them ? yea , he will avenge them speedily ; he must , he will , to vindicate his word , his gospel , his christ , and his apostles , ( publick enemies to prelatical pride ) against all the hypocrites that put on religion , religion ; the church , the church , for a cloak to their tantivee-avarice , and high-flown ambition . good god! arise , and let thine enemies be scatter'd , and let all that hate thee , flee before thee . a single arm has done wonders when upheld by god. we read indeed , eph. . . that god gave some apostles , some prophets , and some evangelists , and some pastors and teachers , for the perfecting of the saints , for the work of the ministry , &c. but who the devil brought that man of sin , that son of perdition into the church ? tim. . , . that sits in the temple of god , and opposeth , and exalteth himself above all that is called god ? ( viz. the magistrate . ) away , away , with these carnal millenaries , the kingdom of christ is not of this world , nor the true apostles and disciples of christ ambitious to sit neither on the pinnacle of the temple , nor the pinnacle of the palace . when bishops begun to be very rich , then , then , they begun to be high-minded and to trust in uncertain riches , rather than in ( the words of ) the living god , tim. . . the words of our blessed saviour and his apostles against tyrannical and lordly prelacy ; and when they left the word , then they to clap their hands upon the tame magistrates sword , if one would not , the other should ; this is the plain truth on 't , and observ'd by all that observe any thing . for who heeds their excommunications , their suspensions , their silencings , their ecclesiastical mischiefs , curses and anathema's , if it were not for the old writ invented first by popish prelates , and since and now still made use of to this day , to eeke out their spiritual-weapons , which every man can take the length of . the bloody and numerous sect of the donatists in africa , what mischief brought that heresy to the christian-world , and all the quarrel arose , because donatus ( that diotrephes that lov'd to have the preheminence , ep. joh. . or , was ambitious of being a prelate , as the original properly signifies ) ruffled with cecilianus for the bishoprick of carthage . solomon says , from pride comes contention ; for a man ambitious to sit perking upon the pinacle of the temple ( the fittest place ( the crafty devil thought ) to insinuate his temptations upon our blessed saviour ) he will endeavour to break that man's neck , that says come down , into the seat of the church amongst your brethren , where our saviour has plac'd you ; nay , and the ( honest ) canons too . what inhumane cruelty did the prelates ( in the council of constance ) exercise to poor john wickliff , our country-man , rector of lutterworth in leicestershire , and ( his naked-truth in articles ) that cut them to the very hearts , because it cut their combs for them ; and not content with killing him , after he was buried one and forty years , they caused his bones to be digged up ( barbarous and cruel ecclesiasticks ! ) and to be burn'd ( inhumane divines ! ) nay , that great advocate for prelacy ( sir george jefferies ) in this assizes , took notice , that of all the witnesses that swear at the assizes , the clergy-men , the — clergy tell the strangest tales , and the most oddely , and most impertinently , of all other witnesses , ( perhaps 't is because they are forced to preach at the assizes without book . ) but of all the clergy-vvitnesses , never did any thing look so beshrimpen and appall'd as that same little harris , the bishop's special witness ; truly the man has reason to go snips , and have half of the l. given in damages to the bishop . for neither the bishop , nor any man alive , had to this day ever heard of those scandalous words in the declaration , if he had not broach'd them , and been the author of them ; for after the defendant was gone , little imagining ( as neither any in the company ) that any offence was taken , or any exceptions made , no not so much as by harris ( the man-catcher . ) the little blade goes to another room , writes what he lists , or what he remembers , ( and such a man had need of a good memory ) but 't is treacherous ; and out he brings his own scandalum magnatum , hoping to get some one in the company to be ( if possible ) as wicked as his little clergyship : but by god's good providence missing his aim , away he trudges , lest he should be called to an account for his own devised scandals , and be forced to find the author ; away trudges he , as fast as his wicked legs could tremblingly carry him , to that old piece of malice , sir j. s. that has always an open heart , as well as open ears , at a piece of mischief against the defendant . harris could scarcely ( on this side hell ) have met with a fitter tutor , whose friendship is artifice and superficial ; but his malice , revenge , and wickedness is natural , innate , deep , as his own , own self . nor could any present be more welcome to the bishop ( it seems by the consequence ) than articles against the man that finds such fault with his illegal confirmations , visitations , vexations , &c. therefore call a court — come to the cabal — all the breath-sellers , whose trade also is endangered by the wicked defendant : search old statutes , ( for the promoting whereof empson and dudley were hang'd ) vex and ruin ( by the aid of a good jury ) the defendant , and his family ; and only for a supposed transgression , proved by a slender and self-contradicting evidence , that swore three times , and every time varied ; and yet ( i 'le warrant ) he had said them over and over , since last easter , oftner than he had said his prayers : but he was not suffered to swear by book , tho he prayes and preaches all by book . ) for if ( at the first time ) he swore the words true , the other was false and he a false varlet , and not to be believed by any jury , that were not resolved ; and some would not have been suffered to attempt the third time , especially , . he was but a single evidence , and therefore neither the bishop ought to have believed him at first , nor the jury now , swearing against a presbyter ; because the holy scripture ( as the defendant urged ) ought to have some respect and observance , ( from a bishop especially ) who is commanded , against an elder not ( so much as ) to receive an accusation , but under two or three witnesses . . this little witness was not to be believed , because point-blank contraried by six substantial witnesses , who were not negative witnesses only , but affirmative and positive : for they did not only swear they did not hear any such words , but all jointly and positively affirmed , that they heard the whole discourse , heard all the words , and well remembred them , because harris ( after the defendant's departure , not before ) going into another room , and writing other words than the defendant spake , and bringing them to the rest of the company to subscribe , they writ down the true words whilst fresh in their memories , and all turn'd abhorrers of so vile a man , and so wicked a design : and all this was upon oath made appear to the judg and jury , by the oaths of all the six witnesses ; but no notice was taken of it by the judg , when he summ'd up the evidence , otherwise than that he honestly said , the evidence on both sides was quite contrary one to another , and could not be both true . and who could imagine , that an unbiass'd jury should judg six honest lay-men , ( that had no design but truth ) should swear false , in compliance with a puny clergy-man , not worthy a name or company amongst honest men , ( such man-catchers should be avoided by all men , as enemies to all commerce and conversation ) and such a fellow too as swears for himself indeed ; for he is the author of the scandalum magnatum , if he could not father his lies upon the defendant , as he has done , thank a good jury , by special orders of the bench to the high-sheriff himself , to pick them , and empannel them throughout the county . and the jury-men for estates and quality were well enough , but not one of them any other than such as know who and who is together ; and all or most of them in commission and dependance for their places and offices , at the arbitrement of — . how improbable is it , that the defendant should put a dagger into his enemy's hand , the hand of a creature that came to take his benefice from him and to eat the bread out of his mouth ? . how probable is it that one single evidence may and must forswear himself in this case , when six men contradict him at the same time and minute , soon after the words were spoken ? . how improbable it is , that a man should truly repeat another man's discourse , that cannot repeat his own discourse and words off-book , in sermon or prayers , or now upon oath ? . how improbable it is , that one man should swear truth against all the rest of the company , who are so positive in what they heard , and then swore unto , unanimously and constantly , like honest men , when no persuasions , no motives , no temptations , could alter them ? ( for they had all been tamper'd with , and mr. edgar , mr. hill , and daniel howlet were subpoena'd for the plantiff . ) but all would not do to win them for the bishop's side , and make them face about . . lastly ; what jury alive ( except this ) could , against the evidence of so many substantial witnesses , credit one single creature , that was so infamous ? first ; for deserting his flock , that he swore to feed , and was bound by oath , by law of god and man , justice , conscience , equity , and christianity , to look after , and mind the cure of them , and take the care and charge , but neglected by him three quarters of a year together ; and whilst the fleece grows , he is hired to another flock , staying till summer ( till the wooll be grown ) before he goes down to clip them . secondly ; infamous , because he had forsworn himself before this time , ( as the right honourable the earl of lincoln there in court testified upon his oath . ) when harris was his chaplain , and having often broke his word with the earl , and told him many a lie , he was not willing any more to trust him upon the security of his bare word ; whereupon harris takes up a greek testament that lay upon the table , and solemnly imprecates , by all the mercies and benefits that he should receive by the contents of that holy book , he would return to the earl ( at furrhest ) on the next saturday , and so be ready the next day to officiate , except sickness prevented . but the gentleman came not home till the tuesday following , and then came with tears in his eyes , that is , ( as the earl upon his oath explain'd it ) drunk , maudline-drunk . and the earl said , it was some considerable time , and not till his servants took notice of it to him , that weeping was the certain symptom of his being in drink ; that as other men rant and tear , and swear when they are drunk , this little episcopal tool always wept when he was drunk . whereupon the earl ( one time when he saw him weep ) ask'd him , what ail'd him ? harris answered , that he had a sister an apprentice in the exchange , and that he had heard sad news of her , namely , that her mistress and she had quarrell'd , and had some hard words together . another time he said he wept , because he had an vncle lately dead . this was over-night , but the next day , when the earl ask'd him of the quarrel betwixt his sister and her dame , and of the death of his vncle , ( at another time ) harris star'd at him , and ask'd his lordship , what he meant by these matters ? for he could not imagine what the earl should mean by such questions ; he said ( indeed ) he had a sister an apprentice , he had an vncle , but never heard of his death , nor ( at the other time ) of the said female-bickering . and as for the solemn oath that he had took and broke , he told the earl , there was a cause for his stay , for he was in pursuit of a girl , whom he intended also to marry , ( and he was as good as his word in that , for this episcopal implement has her ( much good may she do him ) body and bones . but would any jury , that were not of tory-consciences , credit the single testimony of this bishop's engine , when ( it was prov'd ) that he abandon'd all his interest that he expected in the mercies and benefits of the gospel , and the merits of our blessed redeemer , for a fit of wooing , or in pursuit of a wench . or , set a profligate clergy-man in competition with six honest , substantial laymen , and men of unstained honesty and reputation , except the tories are eagle-sighted , nimble and quick to foresee the inundation of popery , that ( they senslesly imagine ) is coming , tumbling in apace ; ( but i hope god will preserve his majesty with longer life than any of his father's children ; that as he is the alpha , he may be the omega , the last as well as the first of his father's children . thus i prophesy as i would have it , not ( i confess ) according to the course of nature , nor according to the bloody principles and bloody plots of papists , who ( as it is undoubtedly known , even by them that ridicule the popish plot ) never spare any prince that is not ( at least in heart ) heretical , and of whose inclination they have not good assurance , longer than they think good , or can come at him . i say , the jury possibly were quicker-sighted than other mortals , and could foresee the speedy appearances of approaching popery , if all be gospel , and infallible , that comes from a clergy-man , ( tho he be as lewd and bad as the irish friar , teague o divelly ) ; but lay-men are not to be believed against a clergy-man , ( this is the council of trent , right ! just right ! ) nor to have the benefit of the clergy ; you must not expect it , gentlemen ; never look for it , ( you lay-men ! ) till you come to be hang'd . from a tory-jury , good lord deliver us : that 's as honest a letany , as that letany that used to be read or sung just before the mass , i do not mean that letany , ( where 's harris with his innuendo ? the popish — suffer me to explain my self ; do not lie at catch , and at snap ; i do not mean that letany ) wherein was the suffrage now blotted out , and thought by the wise ( who think themselves wise enough to make our prayers for us in spite of our teeth ) to be omitted , and left out , for fear ( no doubt ) of displeasing his holiness , — namely , — from the bishop of rome , and all his vile enormities , good lord deliver us . but since neither the act of vniformity , nor the common-prayer-book , does license us ( as once it , did ) to pray so against the pope● ; yet i will take liberty ( without asking leave of an act of uniformity , or a common-prayer-book , ) to pray , — from a tory jury ( of forlorn , desperate , and hardned consciences ) — good lord deliver us . i ( once ) thought , the defendant might have ventur'd his life in the hands of this genteel jury , one moyety knights , i 'le assure you ; but ( as coleman said at the gallows , when his devil fail'd him ) there is no truth in men. when power and interest does but plead against it , there is no oath so sacred , but some sort of judges and jury-men will break it without any regard . ay , ay , the honest lord chief justice hale is dead and gone , in his room ( seldom comes a better ) came sir will. scroggs , but , as thought unmeet , discharged ; but to mend the market , ( who comes there ? ) who comes next ? sir francis pemberton , the present judg in this cause . with whom we will ( as he did ) conclude this trial ( for i have enough on 't , if you knew all , whatever the reader has ) sir francis summing up the evidence , and directing the jury , to this effect , — namely , — that this action was brought by the bishop of london , against mr. hickeringill , upon the statute — ( scandal . magnat . ) for speaking scandalous words of his lordship , and such words ( he told them ) as the defendant himself ingenuously acknowledged . ( such a rehearsal transpros'd would fright a man from ever making an ingenuous acknowledgment whilst he lived : if a man be not submissive , then he is proud and obstinate , and justifies , ( an aggravation , an aggravation , as mr. withins said ) but if he be coming , they 'll take him o' the chaps , and make him stand further off ; but this is the policy : the judg said , that the defendant acknowledged ) that if he had said the words modo & formâ , as they are laid in the declaration , the jury could not punish him enough . ( this 't is to be courtly and complemental , a man that is not us'd to it neither ; for really and truly the words in the declaration ( the lawyers say ) are not actionable , except the last innuendo , the popish plot , had been proved ; and instead of an innuendo , harris swore — plot against my righteous name : it is besides impossible to be prov'd by this declaration , because no preceding colloquium is laid ; ( but this 't is to be civil , and to make concessions , without which the judg would have been put to 't to have directed the jury , as to the scandal of them , or the law in that point . for 't is not scandal . magnat . ( the learned say ) to say , — his lordship is very ignorant , because 't is true of him , ( and of wiser men , and better men than henry bishop of london ) and therefore cannot be lies , and scandalous , or within that statute . the bishop of london for knowledg and wisdom is not worthy to carry st. paul's books , cloak , or parchments after him , if he were alive ; and yet that blessed apostle ( that could cast out devils with a word ) confesses he was very ignorant , and knew nothing as he ought to know . but not to insist of divinity , to come to philosophy , the wisest man of greece , and the chief of the seven wise men of greece , ( to whom the oracle of apollo awarded the golden tripos ) confess'd he was so ignorant , that he knew nothing but only this , namely , he knew that he was very ignorant , or knew nothing : hoc tantum scio , quòd nihil scio . 't is atheism to say , that st. paul made that ingenuous confession of his ignorance , ( in that and many more places ) only in complement , ( as some that are as proud as lucifer , or as the devil can make them , will yet say , — your humble servant . ) for shame — away with these scandal . magnat.'s , and undoing men and families for speaking nothing but the naked-truth , and which the bishop of london cannot , without blushing refuse to acknowledg that his lordship is very ignorant . which , if he does acknowledg , the defendant and he are agreed in one certain naked-truth . but if his lordship does not acknowledg that he is very ignorant , all the wisemen of man-kind must condemn him , as very ignorant ; for none but he that does not know himself , none ( but a fool ) but must know and acknowledg themselves to be very ignorant : 't is true , the issue is non-culp . because the defendant never spoke those words as they are ( modo & formâ ) laid singly , by themselves , in the second count of the declaration ; and all the witnesses ( except harris ) ( nay , exton the doctor 's commons man too ) says that the word ignorance had reference to the law or statute , of which , tho a bishop be ignorant , yet it is no blemish nor scandal to him : nay , scarce a bishop in england understands , or ever read so much law as the defendant , yet it is no scandal to them , nor disparagement ; nay , harris himself at last confesses , that the ignorance and the impudence had reference to the printed paper and the canons of forty ; and therefore these words — his lordship is very ignorant , could never ( as laid in the second count singly ) be spoken in manner and form as they are laid in the declaration . but were the bishop of london ( really and truly ) wiser than solomon , st. paul , or socrates , yet it is as clear as the sun at noon-day , that he was ignorant in tanto ( whatever he might be in toto ; ) namely , ignorant in so much , and in that ( which occasion'd all this discourse ) namely , in sending harris with a sequestration of the benefits , and the small tithes of the parish of st. buttolph's ( the place of this contest , and also the occasion too ) in colchester ; when the said small tithes and benefits , nay , all tithes , both small and great tithes , of st. buttolph's parish appertain to the defendant , as rector of the rectory of all-saints , and has been enjoyed by his predecessors since the raign of henry the th , and so to continue for ever , as is more fully declared pag. . of the black-non-conformist , and therefore it is no lye , ( and therefore not within the said statute of scandal . magnat . ) but a great truth , tho a costly one . truth has been a dear commodity to this defendant , but still it is too true , that the bishop was very ignorant in sending such a sequestration ; it had been better for the defendant by l. if he had been wiser , and then this sad occasion had never come : ( hard case ! ) to be whip'd on another's back , and taken up at these years for other men's faults ; and that the bishop should without law disturb the defendant's title to his free-hold , and then by the help of his tool and utensil , and a good jury , ruine him for complaining when he is pinch'd . the itch , the scab , the morphew , the boyls , the uncombs , the carbuncles , the leprosy , the pimples , ( a pox ) and the nodes , are but skin-diseases , and deformities coming immediately from the vicious ros , and gluten of the third concoction ; ( at third hand , poor par-boyling function , but it cannot help it ) for the mischief , the mischief , the author and origine of all this mischief , is the first ventricle , that 's erronious , and out of order . if the bishop ( the original cause of all this discourse and stir , in sending down a sequestration of the small tithes of st. buttolphs ( the defendant's free-hold ) by this same harris , in hopes to do the defendant a mischief or displeasure , ) had not been mistaken in this his attempt , these evils had not come , they were but the third concoction , and necessary consequents of the bishop's error . except some thought perhaps that mr. hickeringill is ( as heraclitus now calls him ) an ass , good for nothing but to be burthen'd ; or , worse than a worm , and — should say — prelate come tread me , come , stamp upon me . i know , such an ass-like sottishness had been , ( as it proves ) the wisest way , because the cheapest way , — but what patience can endure to be so nusled ? and so the word — impudent — if ( as it ought ) it have reference to that nonsensical ( at least ) imposition , upon the clergy , and to the statute ; who can deny but that it is insolence and impudence too , for a bishop so to insult over the clergy , as either to recommend to them articles to observe , which are no where to be found , or which interfere , or are not warranted by the statute ? and if the defendant had not been over-ruled by a sort of lawyers , he would have pleaded the words , specially as they were spoken , absque hoc , &c. and not to come upon an issue non-culp . — against a fellow that ( every body assur'd him ) would swear right-down thump ; and yet his memory fail'd him , for he could not for his life repeat the first words , right ; nor any one time repeat them , one like another and uniform . but let the world judge , whether any sorry witness be not good enough , when a bishop is plantiff , and before such a jury , and such a — ( god help ! ) it will not always be thus ; let not the tory pamphleteers ever henceforth prate of an ignoramus-jury ; here 's a billa-vera jury ( an essex-jury to a proverb ) that shall give them half way , and yet over-run them : ( but all this long parenthesis by the way . ) sir francis pemberton goes on to this effect , tho not perhaps in the very words , — that the jury had heard the defendant's ingenuous acknowledgment , and that he must direct them to find good damages , if they find for the plantiff ; saying that the bishop of london is a worthy and learned bishop , as any in england ( that 's a large place , and a large word , and a large comparison ; i know not how the old arch-bishop of canterhury would take it , if he should hear on 't ; ) and therefore ( quoth the judg ) you must vindicate his lordship's reputation , and give good damages , if you find the words — and they are sworn unto , by one that is a clergy-man ; he is ( said the judg ) a single witness ( for what sir thomas exton says , ( he told them ) they must not take to be any proof of this declaration ) but if they find that this single witness swears true , contrary to the other six for the defendant ; ( for , he said , he must say the evidence is quite contrary one to the other , and cannot both be true ; ) then ( if they find for the plantiff ) he told them they might have some respect to sir thomas exton's evidence in aggravation of damages : but said again , ( very honestly ) that sir thomas proved nothing as to the declaration ; but told them that sir thomas exton is a man of unstained reputation ; the judg not reflecting in the least , upon the known and constant extortions and corruptions of doctor's-commons ; nor , taking the least notice of dr. exton's disingenuity , in being a publick evidence in aggravation , for words spoken upon treaty of submission , and as to a friend , and without any exception or disgust , ( well liked of , by the doctor , ) at least , unmanly to make his table a snare , except a man had spoke treason ; ( but this is the candor of an ecclesiastical-lay-elder , or lay-vicar general ; ) for that is his place , he is the bishop of london's vicar-general , the bishop cannot help it , he has a patent for it for his life , granted by humphrey late bishop of london : good doings ! when our souls must be tutor'd by a lay-vicar that cannot preach , but has got a patent to send us to the devil , and ( at his good pleasure ) back again ; rare doings ! this is the man of reputation , ) who is ( the judg goes on ) unblemish'd in his repute : telling the jury , that he must say , as to the reputation of this single evidence for the plantiff ( for indeed the cause depends wholly upon his single reputation ) and that tho non-residence be an ill thing , and that is prov'd upon him , and cannot be denied ; yet a man may be a good witness , tho he do transgress a statute ; none of us ( said he ) but do transgress a statute some time or other . ( note by the way , this is not the same direction given at mr. rouse's trial , when for the breach of a statute ( of vniformity ) the dissenters could not be admitted to be jury-men , ( the black non-conformist is good for something yet , for since the publishing of the black nonconformist those new laws are not repeated ; ) and if they are by the breach of a statute uncapable of giving a verdict , surely they are much more incapacitated to give an evidence . but he goes on — telling the jury , non-residence is not good , it is an ill thing , ( indeed it is ) but god forbid but a man may be believed upon his oath , tho he be non-resident . ( and no doubt on 't , 't is very true , and so may a non-conformist also surely , ( god forbid else ) and with much more reason : for the one sins ( if non-conformity be such a sin ) out of weakness ; but this non-resident ( whom the judg excus'd ) has sinn'd three quarters of a year wilfully and wickedly ; a vast difference ! ( how many blemishes can episcopal favour draw a curtain over , and hide ! ) and indeed the judg ( if a body may say so ) mightily mistook ( through want of memory , or worse ) in summing up the evidence thus to the jury : for the defendant did not examine and force the clergy-men to swear harris's non-residence , as thereby uncapable of being a witness , ( as the judg summ'd it ) the defendant was never guilty of such nonsence and impertinence , ( and therefore the judg mistook himself ) but the defendant made the clergy-men ( that brought to support harris his credit ) to swear his non-residence , that with their own tongues they might swear that they themselves were not men of credit , nor sit to be believed , and therefore more unfit to prop another man's credit , that had ruin'd ( for ever ) their own , by swearing contrary things , and impossible to be true ; namely , that they never knew any ill thing by him , and yet they were forced after that to swear him a non-resident , that ( contrary to his oath canonical , and his duty to god and his flock , ) had left them to a log-river , that cannot read his accidence , much less supply his own cure , the said mr. sylls . ( the nonconformists have not got all the mechanick preachers , the church of england hath got some , log-rivers , broken trades-men , and i know who . ) but listen to the judg , how he goes on , but takes no notice of what the earl of lincoln swore against harris , no notice of his forswearing himself for the company of a wench , no notice of his being a maudlin-drunkard , no notice of harris his design to ensnare the said earl out of the fee-simple of the manor of throckingham , l. per annum , by a deed writ in court-hand , which he thought the earl could not read , when the earl intended only to settle the mannor of throckingham ; and for this piece of knavery , the earl swore , that he was credibly informed , that harris was to have , if it succeeded , a hundred guinnies . nemo repentè fit improbus ; no man can be a great rogue per saltum , suddenly ; villany , like youth , must have time to grow , gradatim . but the honest judg took no notice of the villany sworn against this harris , and thus particulariz'd by that noble earl , that scarce a jury in the world would hang a dog upon such evidence . but listen to what the judg said , to this effect , telling the jury that he left it to them . but on the other side , said the judg , the defendant has made indeed a very large defence , and has told true , that this statute of rich. . upon which this action of scandal . magnat . is brought , was made when popish prelates bore a great sway ; but it is not repealed , ( remember that ) it is in force , and is not yet repealed . and tho ( as the defendant hath alledged ) religion now is not the same , nor has the same head , nor the same face consequently ; yet the statute is not repealed . the defendant has produc'd six witnesses , to contradict the bishop's single witness : they do swear contrary one to another , both their testimonies cannot be true : they swear , that some of them writ down the words , upon mr. harris his coming to them to have them subscribe his paper , which they refused , saying , soon after the words were spoken , that the words were not so spoken by the defendant , but so and so , as now they all unanimously still agree in ; and if you believe them , you must find for the defendant . thus have i given the reader a true account , and also an ample and full account of this trial ( so much talk'd of ) nor have i omitted any one material thing , spoken by the counsel , or the judg , or given in evidence , on either side , but without partiality have given a faithful account . but the jury withdrawing , ( and dinner ready ) the crier adjourn'd the court ; but before he had fully cry'd out his cry , hold , hold , cries sir george jefferies , and sir francis withens , to the crier ; and he obeyed : whilst they whisper'd to the judg , and desired him to stay a little longer , for the jury would speedily return ( they knew their minds and resolutions belike ) with their verdict , thinking and intending to snap the defendant in court , and have him committed to prison , if they knew how , without bail , as the statute enjoins in the case , if scandalous words be found ( by the verdict of twelve men ) to be spoken of a prelate . — make room there — take heed , gentlemen , take warning ; and if you will avoid hard imprisonment , and l. and an unmerciful and cruel jury , speak not against the prelate — not a word , no , tho it be god's word ; and therefore make an index expurgatorius , and blot out of your bibles , luk. , , , . and pet. . , . and tim. . . tim. . , . acts . . for these , and many more , condemn a brawling , proud , young , covetous action-driver , and promoter , ( tho a prelate , so much the worse ) condemn all prelacy that insults over , tyrannizes over , or lords over the brethren , and like greedy and grievous wolves , entring in , not sparing the flock ; as if the flock of christ was made to be eat up , and devoured , not to be fed ; and as if the rich bishops could not thank god , and be content with their rich palaces and endowments , but they must enrich themselves with the tears , cries , and groans of the widow and orphans ; a blessed time ! but some say , that the bishop of london intends to build paul's with this l. ( when he gets it ) as far as l. will go . — i 'le speak more to that in the following observations . but first let us conclude the trial. the jury , after some consultation amongst themselves , soon agreed upon their verdict , being soon resolv'd upon the premises , and the conclusion , ( not before-hand surely ) but they made no great pause upon the matter ; the case was a clear case as any thing , not to be question'd , and about a trifle — only — l. damages . who are you for ? a silly question not to be nam'd ? who are you for ? for the defendant , do you say ? ( a likely matter ) when there is a great bishop , and privy-councellor , and great with the king and court ; for the defendant ? not a man ( i dare say ) was so simple . what! do you think wise men do not know which side of their bread the butter lies on ? and yet one of the defendant's counsel , ( for he had retain'd counsel , and fee'd them again at the assizes , rather to avoid the imputation of penury , than of any intent he had to make use of them ) came to the defendant whilst at dinner , and whispering him in the ear , assur'd him that the private verdict was given in , and for the defendant . after him came another with the same errand , whether deceived through weakness , or designing to deceive the defendant through wickedness , i shall not determine . this is certain , the plot was to inveigle the defendant into the belief of the verdict , which the defendant did so far believe , ( for neither he , nor any unbiass'd men could imagine any other verdict than for the defendant ; the declaration being but stammeringly , uncertainly , variously , and contrarily repeated by the episcopal implement , little harris ; himself prov'd infamous by a noble peer , ( whose oath not to credit , was the greater scandal . magnat . of the two ) and ex abundanti , six substantial witnesses contradicting that infamous engine of wickedness . ) besides , the declaration not prov'd in the least , namely , that the scandals were spoken before divers the king's subjects : here was but one subject , and he none of the best . and accordingly the defendant was treating with his landlord at the white-horse , how and with what suitable accommodation to treat the jury , ( for that is the custom belike ) ; but the jury were wiser , and expected a better treat , ( for a quite-contrary verdict ) by a greater purse . the plot was to cajole the defendant into a good opinion of the privy-verdict , that so staying in town , the adversary might snap him with a caption , ready cut and dried , to hale him to jail . and if they had succeeded in that after-game , it had been to them worth ten such verdicts ; for if they had got him into lobs-pound for six months , i do not know but the stone doublet might have lasted him his life-time . but they were not more cunning than he was crafty ; and being inform'd by his faithful friends ( that could see as far into a mill-stone as the best of them ) and as privy as the nasty verdict was , they scented it : and thereupon the defendant , with five more of his friends , took horse , and rid for london , where he now is , giving their wiles the go-by , to their great grief , and will not appear till he list , in good time , and when time shall serve . we 'll catch him , we 'll pound him , quoth ( sir sun ) — my friends — it is not to be done . for a man that is in safe harbour to put out to sea ( 'till the storm be over ) argues folly indeed ; the fool ( solomon says ) goes to the correction of the stocks ; or , puts his neck into the collar . to abscond for treason , murder , robbery , fellony or debt , would indeed be dishonourable to the author of naked truth . but , ( blessed be god , ) the man-catchers have laid nothing ( as yet ) to his charge , but words spoken against their pretty-courts and prelates , and these wrested ( too ) from their true meaning , ( as shall be proved hereafter in the supplicavit-business . ) if worthy men , and men of great reputation and renown may be credited so much as harris and the six proctors . and these accuse the defendant of nothing but some rash words ; ( take them at the worst ) they lay no crime to his charge , but such as is common to men , especially to men of the defendant's complexion . for he is a man subject ( above many others ) to many infirmities , somewhat cholorick by nature and constitution , ( which tho he strives ( through grace ) to quell , yet 't is hard quite to extirpate nature . ) but if none but such ( as never spoke a rash word , nor ever spoke worse words than is laid to the defendant's charge ) should cast the first stone at him , or put him in jaile , 't is hoped he might safely walk the streets again , and go to his grave in peace . in the interim he absconds neither for debt , treason nor felony , ( that 's a great mercy in these shamming-times ) but enjoys the happiness of walking incognito ( a happiness that princes seldom can arrive unto , and because of their publick-station are ( in vain ) ambitious of ) and sees and hears what 's done in the world , sees and observes — sees and takes notes — sees , ( as in a balcony ) the bustling cavalcade in the streets , and yet not annoyed with the clamorous and sweaty crowd ; sees and is not seen — there 's the pleasure as well as the grandieur of retirement , a grandieur that great men may envy , but uncapable to obtain the felicity , as well as the safety , the quiet and the security ; made the more conformable by necessity and the gentle hand of god ; ( for some good end no doubt ) a retirement happily freed from the noise and business of the world , the bawlings , brawlings and yawlings , the bustle and ruffle of the barr and pulpit , the throng and crowd of vexatious turmoils and impertinent visits ; ( a happiness not 'till now enjoyed , ) to be buried alive , to be buried and yet live , in hopes of a joyful arising ; to be buried safe from the poynant malice of enemies , ( for envy ceases in the grave , and they are malicious to purpose , that envy him this poor-play of — hide and seek — and bo-peep : ) and yet alive and brisk still with some friends , and with his best friend on earth — his loyal consort ; the happy mother of ten lusty children , and seven alive still , blessed be god ; heirs enough for his estate , and estate enough for his heirs , if the bishop do not make them poor enough — ( god knows ; ) at least — it is to be fear'd — nobleness of nature is not every body's portion ; but god help , however ; for the defendant ( if he be wise ) will never beggar himself and his family , to build cathedrals for singing-boys — be as cunning as they can — and they are subtle — very subtle — ay — so they are — and so might others too , with one quarter of the power they have in their hands ; — fight on macduff , and let him fall that first says , hold ! — enough . before ( it came to ) extremity , has not the defendant studied peace and pursued it , once , twice , thrice — if possible — and as much as in him lies , ( as you will hear anon ) by all the methods and ways of meekness and submission , as far as is consistant with a man of honour ? and have they not been inexorable , and like the meridian-shadows ( of men running north-ward ) which flys the faster , the faster they are pursued ? are they not inexorable to any terms , but what is worse than death , and ill becomes a gentleman or a christian ? has the defendant lived fifty years in the world , and travell'd half the globe of the universe , with all the advantages of an ingenuous education , in studying men and books , and is he yet to seek to know such men ? he knows what is in man ; knows what is in men flush'd with power and interest , and flesh'd with success and revenge . let them be beaten with their own rod , which with such industry , joy , interest , friends , power , glory , and combination they have so eagerly contriv'd : — the scabbard's thrown away — come on macduff , and coward he that first says — hold ! — enough . honesty is the best policy , and so ( machiavellians ) will find ( to their cost ) in time ; and christianity is the greatest wisdom ; and persecution , tyranny , oppression , and extortion the greatest folly in the world ! but , oh ye fools ! when will ye be wise ? saith solomon , when will ye be good ? never , never , some men will never be good ( but like a spaniel ) 'till they be beaten to 't , by ( the mistress of fools ) woful experience , and too late . a little honesty and christianity is soon and easily attained unto ; and will do wonders in government , and with ease ; whereas , ( as a lyar had need have a good memory , and yet is often put to his trumps ) a machiavellian , with all his quirks , and shams , and subornings , and tricks , is as very a fool as pope alexander the th , and his son caesar borgias , ( to whom ( the florentine ) machiavel , was both secretary and tutor in that black-art , called ( maachiavellian ) policy ) both of them coming to an ill end and a violent death , falling into the very pit they digg'd for others , and poyson'd with the very druggs they prepar'd for the italian-princes , by the just judgment of the righteous god — that sits in heaven , and laughs ( the atheist ) to scorn — yea — the lord shall have them in derision . and let some men triumph , crow , and insult , at the victory they have got by a little-tool , and especially ( that same special-jury ) and glory that they have silenc'd him ( the sin and shame lye at their door ) stopping his mouth , because of cheap-marriages without a license ; and he shall be in his church of all-saints the next lord's day , ( god willing ) and so on , let them do their worst . no man that falls by great power , — can ( possibly ) fall more gently — nor for less offences . there 's nothing sworn against him , nor laid to his charge , for which any good man , or man of honour has cause to blush , and be-ruby his cheeks . the bishop first offends in sending an unwarrantable sequestration , ( there 's the origine ; ) and for this occasion , the defendant suffers and pays l. there 's the consequence of that origine , or original sin. as soon as the judg had filled his belly , he return'd to the bench , and some thought to catch the defendant , but the bird was flown . the verdict was for the plantiff , damage l . and so they said all , being agreed upon the business , and their fore-man ( sir andrew jenner ) their learned speaker , or spokes-man . thus ended this famous trial , of which when i have made some observations ; ( for the torys have not got all the observator's on their side : ) i will give you an account of that other ecclesiastical-engine to batter the defendant , by affidavits sworn by six ecclesiastical lay-persons called proctors of doctor's-commons : ( ay , there , there the mischiefs ( against the naked-truth ) are hatch'd ; they act for life , at least , for a dirty livelyhood , which seems to stand on tip-toe , tottering , and just upon the goe . ) and therefore they would wire-draw and hook in westminster-hall ( base indignity ! ) to prop up their rotten and tottering frame , by craving ( forsooth ! ) from thence aid , in a writ called supplicavit . but first , let us not over-pass this signal trial without some remarks , or observations . observations made ( by an unknown hand ) upon the foregoing trial . first , we will observe the observations that have been already made of this noisy trial by the tory pamphleteers . the tory observator is wiser than to trouble himself with disquieting mr. hickeringill , or to abuse himself by nicknaming others , whether out of respect or sense of honour , or out of fear of mr. hickeringill's smarter pen , ( that never scratches but when defendant ) we will not determine . but thompson and heraclitus — how now ? thompson and heraclitus ! will any man of honour stoop so low to take notice of such contemptible wretches ? wretches below all scorn ! wretches that would have no name but for the ills they do . for they ( like erostratus ) are ambitious of a name , by committing unheard-of villanies , tho they thereby ruine themselves , and an ( once stately ) church . and ( without offence be it spoken ) it is a condescension ( meritorious ) for any man to debase himself so much as to take notice of such despicable and forlorn bravo's , ( the objects of every honourable and honest man's contempt ) any otherwise , or with any other design than ( those charitable visits made to the jail , when common robbers and murtherers are condemn'd to the gallows ) to enquire ( either ) after goods ( by them ) stollen ; or , by shewing them the evil of their ways , bring the condemn'd villains to repentance , before they be hang'd . which act of charity , humility , and bountiful condescension , i ( now ) piously take upon me , by ( thus ) observing their observations . ( nay , the tories shall not have all the observators on their side , the whigs shall have some ; for ( to tell you the naked truth on 't ) the politick and pious tories have bereft me of better employment , and very cunningly have given me leisure to ( do little else but ) observe their motions . god reward them according to their piety , and their works , and let them fall into the pit that with such combined interest ( cunning and power ) so industriously they have digg'd . and first for thompson , so vile a moth , that he is too much honour'd to be crush'd with the blunt end of my pen. but i use him here , as he will be used when he comes ( amongst other ( condemn'd ) murtherers and assassinates of mens lives and reputations ) at tyburn , ( namely ) — to tie up and halter the greatest rogue first . fogh ! i have done with him for ever ; now ( the very first time ) i come near him , no rotten carcase or jakes comes nigh him for a scent ; he stinks above ground — most abominably and nauseously , in the nostrils of all that have not lost their senses . his rogueship being very ignorant , and also such a bold , daring , impudent man , for sending some heads of — lies — in his printed papers — contrary to law ; whence it will appear , that he is concerned in the plot — the horrid plot against mr. hickeringill's righteous name and reputation , — belying him all the kingdom over , as a man convict of perjury , and so assassinates his honour and reputation ; the only answer ( yet ) made ( in defence of the extortions and oppressions so impudently continued to this day in ecclesiastical courts , in defiance of the statutes of this realm , and contrary ) to the naked truth . i am not able to endure the carrion any longer , and therefore i leave him to the justice of the nation , and to mr. hickeringill's swinging action against him , and his pretty consort ; and except he hide his hated head for ever , he will be punish'd for that dangerous and damnable lie and slander against the righteous name and reputation of mr. hickeringill , in saying , he was convict of perjury . nay , they would convict mr. hickeringill of somewhat worse than perjury , ( i fear ) if they could get any man-catchers , or teagues o divelly , into his company : nay , there was one mortlack , a black-smith of colchester , that asking a cunning-lawyer's advice , what he should swear against mr. hickeringill ? breath-seller replied , — canst thou not swear treason against him ? or , that he is a common drunkard , or a common whoremaster , or a common swearer ? treason ? quoth mortlack yes i can ; in what ? ( replied petty-fogger ) in words or deeds ? mortlack answer'd , in words , treasonable words . but crafty replied , how long ago ? how long is it since you can prove you were in his company ? and in what place ? mortlack answer'd , that he heard the words spoken in the king's high-way , near dilbridge , about four months before that time , ( for he could not prove that ever he was in mr. hickeringill's company except that time , when there were also above twenty people more . whereupon quoth crafty , speak no more then of treasonable words , for you will be hang'd for concealing treason thus long ; but what say you to the other ? mortlack answered , it is too apparent to all that know mr. hickeringill , that he is no common drunkard , nor common whoremaster , but — ( he took a great oath upon it , saying , ) i will swear that he is a common swearer , and that never a word comes out of his mouth , but an oath comes out . and he was as good as his word , and got two more to swear ( the same ) along with him , both of which have with tears ( since ) and on their bended knees , begg'd mr. hickeringill's pardon , ( that 's more than thompson hath done ) and he frankly and generously did forgive them , and they live in colchester to this day ; but mortlack is fled for it ever since . for by the craft of sir j. s. before sir mundiford bramston ( as master in chancery ) the villains swore to articles , whereupon a supplicavit ( this doctors common's supplicavit is not the first , nor the first supplicavit devis'd against him by that root of bitterness and revenge , sir j. s. ) was granted against him , and bound he was in chancery , in l. the principal , and l. the manucaptors ; and thus was he put to some little trouble and charge . and mr. hickeringill stands ( to this day ) in chancery ( upon record ) a common-swearer , &c. and yet he never swore so much as one rash oath in his life . what will not malice and man-catchers swear ? but none that knows mr. hickeringill believes them , but knows they are perjur'd villains , and ( like this thompson , or parson thompson of colch — as like his name-sake nat — as one devil to another ) the scum of mankind , and so black in the mouth with continual lies and slanders , ( both of them ) and especially against mr. hickeringill , that no recording ink can paint their smutty features dismal or black enough , they are so hellish and imp●like , where i leave them , to discourse with party-per-pale , half fool , half knave ; half-fool , or jester , — and half-knave in earnest , heraclitus ; what observation does he make of this famous trial ? busy heraclitus num. . treating of this affair ( this ishmael's hand must be against every body , is it not meet that every man's hand should be against this privy and masquerade - assassinate of men's reputation ? saying , he ( hick — forsooth ! ) wishes by this time he had made use of an abler counsellor . no doubt , tricks and niceties in law , are best defeated by men accustom'd to such querks and tricks , the disguize of truth , and the defeat of many an honest cause . these quirks ( the rabble that use them ) are useless in the vnited provinces , where every man pleads his own cause ; of which the same sun that views the first process , sees the end and determination before it sleeps in the ocean . whereas we labour with our nice pleadings , quirks and tricks , writs of errors , pleas , rejoynders and demurrers eternally . a man was indicted — quia furatus est equum , because he stole a horse , ( in holland he had dy'd for it ) but with us the indictment was quash'd for lack of form , there wanted ( forsooth the word ) felonicè ; and therefore ill . . ass . . a man was indicted that he was communis latro , a common thief , and the indictment was held vicious , because too general — never coming on to the particular proof . a man murder'd another , but the indictment ( by the clerks oversight , or worse , was only interfecit ) and was quash'd for want of the word murdravit . thousands of instances might be given of pretty quirks and niceties ( that are now made such essential parts of the law ) that he is accounted the man of law , that is most nimble at them , to take a cause with a — why not ; tick-tack ; as if some design had been to make the law ( like sives and cullenders ) full of holes for the nonce . but , some may say then — what shall become of the vermine , the locusts and the catterpillars , that ( like those plagues of egypt ) eat up evary green thing in the land ? how now ? is this good behaviour ? is sampson bound ? or bound with wit hs of smal cords , made on purpose to be broken ? explain your self , who do you mean by the vermine , the locusts and the caterpillars , that eat up every green thing in the land , and is the great plague-sore thereof ? who do you mean ? sir. you , that are so blunt and such a plain dealer , do you mean those throngs about temple-bar , and chancery-lane ? those crouds of pen and inkhorns ? that a man can scarce stir there without being justled or run down by them or their coaches ? speak out , who do you mean by ? the vermine of the land , the locusts , and the caterpillars ? why then , really , truly , and plainly , i call those locusts , and caterpillars , and vermine , that live on the sweat of other men's brows , and of the sweet labour and industry of the painful husbandman , and country-man , who ( if they were not fools ) would agree their quarrels over a good fire , and a pot of ale , by the men of their neighbourhood , ( for it must come to that at last , and why not as well at first ? ) before the estate be wasted , time consum'd , with danceing attendance to vermine . but what shall the locusts and caterpillars do ? ask mr. wilson , who tells you in his description of the new plantation , called carolina , that there is good air , room enough for the locusts and caterpillars , those unprofitable insects and devourers . room enough for the he 's and she 's , let them go there and work and engender ; why should not spiders spin ? and yet ( with heraclitus his good leave ) the defendant did ( if it were worth the mentioning ) ( in his pleading this cause ) this tick-tack which might as well have been kept secret , but that heraclitus will not be pleased without it : for the declaration is only un'prelat . not un'magnat . and though the plantiff does declare as episcop-lond . and un'prelat , yet ( said the defendant , ) it does not appear ( by the declaration , ) that the plantiff is un'magnat , and therefore not within the statute . for the defendant said further , that he had consulted the records of those times , whereby the meaning of the words ( bishop and prelate ) in those days , is best cleared ; and does not find that ever by prelates or bishops is meant magnates , or le grantz , or le seignieurs — and therefore scandalum praelatorum , nor scandalum episcoporum , can possibly by that statute be meant scandalum magnatum . . edw. . the proceedings and judgment of death against sir william de thorp , ( chief justice ) for bribery , and brought into parliament , which the king caused to be read overtment devent les grantz de parlement &c. openly before the great men — coram magnatibus , that could not be the bishops , abbots , priors , nor prelates — for they were ( always withdrawn ) in those days , out of the house of lords — in judgments or inquest upon life and death , as this was , — for the chief justice was hang'd for his bribery : ( right and good reason , — cave , cave . ) . edw. . sir john de lee , steward of the king's house , was charged in parliament for several misdemeanors — et apres manger vindrent les prelats , duc's , counts , &c. after dinner came the prelates , dukes , counts , &c. here ( being but a misdemeanor ) the prelates were present , it not being in a question of life or death . . edw. . alice perrers was accused for breach of an ordinance , ( so is the record , but it was really a statute , which in those days was called an ordinance ) fait venir devant ' les prelats , & les seignieurs du parlement — which also was not in a question of blood , and therefore the prelates are nam'd , as well as the magnates ; or les seigneurs . many instances of this nature may be given , wherein prelates were never signified by the words , magnates , le grants , or le seignieurs , or peers : for they are tried ( as all men ought to be by magna charta ) per pares , by their peers or equals ; and being tried by their peers , ( that is ) commoners , they therefore are commoners , not peers of the realm , as the other magnates , le seignieurs , and le grantz — are . and therefore tho the bishop of london be magnas , as he is a privy-councellor , and a great officer of the realm ; yet the declaration not mentioning any such thing , the defendant urg'd that it was deficient : but the judg over-rul'd him therein . yet . edw. . roger of wigmore , cousin and heir of roger mortimer , earl of march , desires that the attainder made . edw. . against the said mortimer , might be examin'd : et dont le dit seignieur le roy vous charge counts , barons , les piers de son royalme , &c. the lord the king charged the counts , barons , and peers of his realm , to examine the said attainder , and give righteous judgment . but if the prelates were meant by counts , barons and peers , then they also were to examine the attainder by that command of the king : but they had nothing to do with attainders , it being against their own canon-law , and oath of canonical obedience , as they afterwards declared in another case , to be seen in the rolls of parliament . . edw. . in a parliament called for breach of the peace of the kingdom , away went the prelates out of the parliament , saying , what had they to do with such matters ? et les dits counts , borones , & autres grants , per eus mesmes — and the counts , barons , and other great men , went by themselves , &c. to consult , &c. so in the same parliament , upon judgment given against sir john grey , for laying his hand on his sword in the king's presence , for which he was question'd for his life , ( no bishops nor prelates being there therefore ) yet the record says , — le roy charge touts le countes , barons , & autre grantz — the king charges all the counts , barons , and other great-men , to consult , &c. and then he must charge the prelates too , if he charged all the great men , if the prelates be magnates , or les grantz — which could not be in a question of blood. 't is true , the bishops are a kind of barons , and so were the abbots and priors , by virtue of the baronies bestowed upon them by the charity or blind devotion ( or for what other reason ) by william the conqueror , &c. who divided his conquests all over england into knights-fees ; and of several knights-fees ( laid together ) he made baronies : and some of these baronies the lay-men got , but the clergy ( in the scuffle and scramble put in ( never fear it ) for a share ) and got proportionably , and more ; some lord-bishops got , and some lord-abbots got , and some priors . by virtue of which baronies they had votes and places in the house of lords . but one house being not able to hold so many lords , the king divides his baronies into majores & minores ; the minors he tript off , but the bishops , abbots , and priors held it fast till hen. . and then the lord-abots and priors tripp'd off , ( this was a sore shock to the prelacy ) and only the bishops ( of all the prelates in r. . ) hold it to this day . and who parliaments ( as at bury st. edmonds , and also as aforesaid . edw. . ) have been held without the prelates ; and tho it is declared ( before the dissolution of the monasteries , the major part of the prelates ) in . hen. . in keilway's reports , p. . dr. standishes case . les justices de soi ent que nostre seigneur le roy poit asser bien tener son parlement per luy , & ses temporal seignieurs , & per ses commons tout sans les spirituals seignieurs : that our lord the king may well hold his parliament by himself , and his temporal lords , and by his commons , without the spiritual lords , &c. yet ( by virtue of their baronies ) they have right to sit in the house of peers , tho their brethren-prelates ( abbots and priors ) be outed , and the privilege of sitting in the house of lords does not now continue ( de facto ) to those gentlemen that now enjoy those baronies which the abbots had , with all their privileges and immunities , &c. of which privileges and immunities , &c. this was one , to sit in the house of peers , and granted and regranted , in the same manner the abbots , &c. held these baronies . but i do not know de jure , how far this immunity does extend , nor is it my province to argue it , tho i am possessed of the barony of the priory of wickes in essex , to me and my heirs , with all the immunities , &c. and therefore one would think i might claim the privilege of a prelate , out of that old statute , r. . that hath caused all this debate and debait . nay , all clergy-men ( that are rectors ) are prelates ; so lyndwood , a doctors-commons official , in his provincials . con. otho . sacer ordo . verb. illiteratos . quae ignonantia multò magis detestanda esset in episcopo , seu majori prelato . if there was a major prelate , then there was a minor prelate ; little men are men , tho little . — a hundred instances i could give , that all clergy-men that are rectors are prelates . now if the speaking against any prelate who is not magnas , ( nor so mentioned in the declaration , ( as here it is not mentioned that the plantiff is magnas ) and if in the language and dialect of those times , the word bishops does not imply magnates , or les grants , ) then surely all prelates , and all that have the fee-simple of those lands and baronies , granted to the king , and his heirs and assigns , by act of parliament , and given and regranted to others , together with all the immunities and privileges that the abbots had and enjoyed by virtue of those lands and baronies , &c. ought to have the benefit of this statute of scandal . magnat . quâ prelat . why they should not enjoy the privilege of prelates in that act of r. . of scandal . magnat . and all other privileges that ever the abbots enjoyed by virtue of their lands and baronies , being meer temporals , ( not gospel nor spiritual priviledges ) i cannot imagine , if the bishops do enjoy these benefits — quâ prelati , or quâ barones . howsoever the other priviledg of sitting in the house of lords , may be lost , for the long intervall or vacation of not being call'd thither ( time out of mind of man ) by the king 's writ , be lost , or — for what other reason , it is not needful here to discuss . for , if the bishops sit not in the house of lords purely ex gratia regis , but quâ barones , by reason of their baronies , then è fortiori , much more may those gentlemen that have the abbot's baronies , and other prelate's baronies , claim the old privileges belonging to their baronies , and for which and other immunities they have an act of parliament to them and their heirs : since bishops have not so firm a tenure of their baronies , and the privileges , temporalities , and immunities thereunto belonging , because they hold them ex gratiâ regis , and for contempt may lawfully be forfeited , and seized into the king's hands : but the baronies of us that hold them in fee-simple , and by act of parliament , ( with the immunities and privileges anciently belonging to the abbot-prelates , and prior-prelates ) cannot for such contempt , ad libitum regis , be so forfeited or seized . nay , since many rectors in england have baronies annex'd to their rectories , and their parsonage-house is the manor-house , where court barons are kept to this day , and the tenants do their homage and fealty , and they are really and truly prelates , i see no reason in law or equity , but they may have the benefit of this statute of rich. . of scandal . magnat . if it pertain to prelates , quâ prelati . and then every little rector may bring his action upon this statute , qui tam , &c. for contempt of his clergy-ship , and prelateship ; and then ( hey day ! ) we shall have a little pope in every parish , and a spiritual hogen mogen in every rectory . — hey ! then up go we ; and then thompson and heraclitus look to 't , we 'll pay you off for your nick-names , you had better have been tongue-ty'd . and none can give a reason , why this defendant should not also have the privilege of a prelate , which his predecessors had , ( the abbots of wicks ) when this statute was made , whose successor is this defendant in the barony , and to him and his heirs for ever . nay , really , thompson and heraclitus , i believe the defendant is in earnest , since so much money as l. may be ceined out of old statutes ; there are london juries , and middlesex juries , as well as essex juries — look to 't . 't is readily granted , that there is a disserence betwixt the bishop and the defendant , as to riches , &c. but what then ? as a prelate , a poor prelate has as much right to his priviledges as the rich , and more need of it a great deal : it is hard to pull off hairs from the bald crown ; or , to rob the spittle ; but there is no charity , nor reason , to take the few hairs from the bald crown to make a wigg on , for him that has a good head of hair of his own , and needs no wigg , nor such superfluous additaments . i grant , indeed , bishops are prelats and barons too : so is the defendant a little one ; and more than so , the defendant's barony cannot be seized into the king's hands , as the bishop's may , for contempt ; therefore i called the bishops , a sort or kind of barons . not such barons as the temporal lords , who cannot forfeit them to the king , nor the king cannot seize them for contempt , as aforesaid ; therefore there is a vast difference betwixt a baron who is a peer of the realm , and a spiritual baron ; the one is magnas natus , born a peer , and sits in the house of lords , as his birth-right and inheritance ; the other is greatus , and sits ex gratiâ regis , and may , upon the king's displeasure , or contempt , lose his seat near the wool-packs , and his baronies and temporalities forfeited into the king's hands . but , what non-sence is it for heraclitus to prate , numb . . jest . says , they ( the whiggs ) clamour and say , the dammages are excessive : ( honestly said for a fool or jester ) why so ? ( says earnest , or sober-sides ) i think , and so must every man that thinks at all , ( in one doctor 's opinion he might have said ) 't is a very cheap penny-worth to that which the honest man ( honest man ! quoth he ! and a proctor's boy ? good sence , and tory-like ) had , that pull'd off hick's ( what ? plain hick — still ? no dread of the . rich. ? will men never take warning , till they be maul'd l. thick ? sure , the fellow thinks the defendant cannot get as good a jury in london , or middlesex , as was lately in essex . hicks — ) hat ; except the privileges of the saintship be as great as those of the peerage . peerage ! the wise fellow thinks , that bishops are peers , and thinks there 's no difference betwixt words ( that are but wind ) and blows , or assault and batteries , and challengings to fight . the bishop is great , who denies it ? but 't is not so long ago since the defendant being then ( as now , ( for he is no changling ) rector of all-saints ; and cornet compton quartering in colchester , i doubt the defendant being an old captain , by commission from two kings , of sweden and portugal , by sea and by land , would not have thought himself obliged , in good manners , to give him the wall ; except he had , as sir george did , first told of his pedigree ; then ( indeed ) then , i grant . but not a word of this should have been said , but that they come so with their comparisons , when the defendant had told them , ( in the first words of the naked truth , second part ) that he honoured bishops , but did not idolize them ; could say — my lord , but — not — my god. but these hireling pamphletiers do so deify them , that they are netled , when men do not fall down and worship the — the distance is great ! — none envies his lordships greatness ; the distance is great , the king made it so great as it is , and can as easily make the distance less when he list . but enough of this folly , ( for such i acknowledg it ) but — only that the wise man bids us answer a fool according to his folly , ( that is ) beat the fool at his own weapon . . edw. . the two houses join , counts , barons & communes , and represent to the king , how the government of the kingdom had been a long time in the hands of the clergy , ( do you see ? an old complaint ; they were ( papists indeed , but ) true born englishmen , and could not tell how to buckle to a mitre or lawn-sleeves ; or that westminster-hall should truckle to doctor's-commons , ( a great indignity , and a shameful ! ) purent grant mischiefs & dammages sont avenoz , &c. for the great mischiefs and damages that came thereby , &c. says the parliament-rolls . but notwithstanding all this , — the prelates baffled both king , lords , and commons , having their spiritual weapons eek't out with two temporal writs , — namely , — de heretico comburendo , — the other de excommunicato capiendo : — the former ( with much adoe ) is damn'd to perdition , for the flames it made in smithfield , and all the kingdom over : the other , de excommunicato capiendo , — is yet in force , and fills the jayls dayly with men excommunicated ; many about mony-matters , and fees , illegal-fees , and oppressions , extortions , as not paying the knave a groat , &c. for when the popish prelates could not burn any that stood in their way for a heretick , yet , as obstinate and contemptuous , they sent him to the divel , and then he and the chancellours , and the king's-bench , and the sheriffs , got the poor soul buryed alive in a jayl , till he dyed , or submitted , and swore future obedience to holy-church . seven years after this of . edw. . the prelates ( having got the whipping hand ) claw'd it away , and to stop men's mouths from muttering , got this statute , . ric. . . nay , ( they are as cunning to preserve their prelacy , as — ) for the holy scripture , christ and his apostles having declar'd an abhorrence of spiritual pride , and ecclesiastical tyranny and oppression , ( calling them greedy dogs , that can never have enough , and wolves in sheep's cloathing , not sparing the flock , but tearing , rending and devouring it ) it concern'd them to fly to force and temporal power for aid of their abominable hierarchy ; and the magistrate , ( in those days ) what for fear , and what for folly , what for preferment , or to keep preferment ( since there was no other way ) gave his assistance to the beast and the false prophet , ( caw me and i 'le caw thee : ) rev. . , , . and he had power to give life unto the image of the beast , that the image of the beast , should both speak , and cause that as many as would not worship the image of the beast , should be killed . and he causeth all , both smal and great , rich and poor , free and bound , to receive a mark in their right hand , or in their foreheads : and that no man might buy or sell , save he that had the mark , or the name of the beast , or the number of his name . yet , in . ric. . eighteen years after this statute , — the house of commons forgot not that they were englishmen still , — and remonstrated to the king , complaining , — that he kept so many bishops about him in his court , and advanced them and their partakers . the king did not ( or the bishops would not suffer him to ) heed his subject's herein , — ( as aforesaid . ) and ( poor king ) it prov'd his ruine : for after he had lost the hearts of his people , it was not a few lawn sleeves , and flattering sycophants , and parasitical debaucht courtiers that could guard him from the unjust arms of hen. ; who had got the peoples hearts , only because the lawful king had lost them , by adhering to an effeminate debaucht crew . observe the machiavillian-skill of the ingineer's , what masters of art these ecclesiasticks ( divine and lay conjumbled ) have commenc'd in politicks , and all not worth to them one louse , after they have beat their heads together ; ( for a piece of cunning let them alone ! ) when advocats and counsellors , civilians or no civilians , lawyers and divines , clergy and lay , ana , the proctors and atturneys , the pulpit and the bar , ( breath-sellers all ) are in conjunction against a poor whig , to bring him to ruine , to trample on his conquer'd corps , to insult over his grave , to drink and cry — huzzah ! the enemy is fled , we are conquerors , and shall yet ( in spight of fate and the naked truth ) live and rule the roast , oppress and extort , make havock of of souls , bodies and estates , hang up or jayl their bodies , damn their souls , beggar their families , swallow and grow fat with their estates ; ( not so greedily there , have a care of choaking , ) come let us carowze and drench our selves , revell and be drunk with the tears of the widow and orphans ; huzzah ! — huzzah — ! incomparable epicures ! nay , i am told , from a very good hand , that the good bishop of london , in great piety and devotion , intends to dedicate ( this l. ) to st. paul , for a deodand ; and build up paul's ruins here in london with the defendant's l. ( as far as l. will go ) oh! most exemplary and episcopal zeal ! worthy his great soul and noble extract , and fit to be chronicled to all posterity . this heroick charity shall be writ upon his tomb , where he shall lie in paul's ( when 't is built ) nay , he shall lie ( as great men use to lie ) in state , and his exequies adorn'd with the magnificence of this grand exploit , celebrated in heroick verse , answerable to it and his own grandieur : i am just now ( before my fancy cool ) writing his epitaph , to be ready for him ; we are all mortal . but yet , the greatest glory of this atchievement , does belong to inch-board harris , that small heroe must come in to the meeter and merits , the one half of the l. he earn'd it dear , and swore hard for it , he has more right to it than any man alive , except the jury-men ; for the judg ( upon the whole matter , with some grains of allowance to humane frailty and temptation ) was there or thereabouts , at least , he was the best of them ; a judg swears to have no respect of persons in judgment , ( oh hard ! hard ! ) and therefore , i say , though the glory of the action , and the honour of the foyl , shall be given to the precious jury-men alone , ( for they only did the business , and the most that the counsel said to the matter , except railing and ribaldry , against the defendant , was not very pertinent to the declaration ) for want of matter in it , no doubt : yet the whole profit of the verdict does really and truly belong to harris ; he gag'd his poor soul for it , let him have it ; i say , 't is more than judas got ; he has my vote for it , and that signifies more thereunto than all the votes of all the men in the world besides ; for if i say — no — he never gets a penny of it , nor all the prelates in christendom on this side the alpes . therefore do not blaspheme st. peter nor st. paul , by thinking to wheedle them into the contract ; for they were monyless when alive , and have less need of l. now they are dead . god tells us he hates robbery for a burnt-offering ; and if paul's will not be built , or go on but slowly , god knows , ( there 's my s. buried ( already ) i wish i had it in my pocket again , for this trick , the fool and his mony should not be so soon parted to help to build a cathedral , whose walls must be cemented with the briny tears of the widow and orphans ; and the noise of the singing-men and singing-boys drowned with the groans , cries and howlings of men distressed and jailed by a bishop ; — for his great honour another b — ( this should not have been here inserted , for it is part of an epitaph belike . ) but i 'le divert my reader , and recreate my heavy fancy , from meditating on the doleful cruelties , and tragical adventures of ecclesiastical policy . ( oh! wo ! wo ! and alas ! that ever a bishop and his clerks should be so stony-hearted ) : i 'le chear you though , ( and my self too , and no more than needs , in this confinement and retirement ) with musing on those mischievous rocks ( near the isle of silly , at the lands-end of england , so fatal to mariners , and called ( i am in earnest indeed ) by sea-men , time out of mind of man to the contrary ) the bishop and his clerks . in a dialogue betwixt bo-peep and tory . bo-peep . those fatal rocks ( in sea ) that stand near th' isle of silly , nigh the land , ( by marriners so shun'd and blam'd ) the bishop and his clerks are nam'd . but , prethee ( tory ) tell me why they were so call'd ( for rythme ) truly ? tory. it was some whigg first call'd them so , meer scandalum magnat . i trow . bo. a whigg , ( dost say ? ) that is not so , whiggs were not born so long ago . to. not christned ( by that name ) you mean. bo. ever since abel whiggs have been , i must confess ; by tory-cain poor abel persecuted was and slain . no tory can this truth confute , for tory-cain did persecute , for difference in religion too , plagu'd the dissenter ; ( is 't so now ? ) for whiggish abel was so stout , he would not cringe , nor face about to east nor west , nor yet comply with th' act of vniformity which cain had made ; but did implore his makers mercy , and adore the best way that he could , and so as god did best approve on 't too ; not walking in the way of cain . but , his religion was his bane , for naked-truth abel was slain . but to the question keep and tell , why that name suits those rocks so well ? to. bishop and 's clerks ; call you rocks so ? ( harris ! come here , and swear once mo'e ! ) would you make bishops stony-hearted ? and have shook hands with grace and parted ? or , make them as of old ? when as bonner a friend to jaylors was ? when bishops by canonical oath were bound , ( it is the naked-troth ) by * canon-law to keep a jayl , or two , or sometimes three for fail . bo. hard hap ! when clerks are made of stone , and yet a name divine dares own . who e're ( alas ! ) does come them nigh , or , touch upon these rocks , they die : behold yond' wreck ( swims there ) i say , a stately ship it was this day , with flags and streamers in her trim , ( how pleasant 't was to see her swim ! ) how loftily she loum'd ! no sight e're pleas'd the eye with more delight . to gaze on her some ceas'd to eat , with joy forgetting work and meat . a bluff-tall-ship she was indeed , but her best quality was speed : no algerines ( swift though they be ) so nimbly cut the waves as she : no friggats e're crus't in the sea , but she could bring them to her lee at the long-run , both great and small she could with ease weather them all : no man of war did ever shame the naked-truth : ( that was her name ) : but now she 's split , and sunk to boot : ( that th' bishop and his clerks should do 't ! ) first , they torment us till we groan ! then jayle us ( next ) because we moan . have they not rockie hearts of stone ? to. why do these rocks so covert lie ? drown'd in their seas , hid from the eye , men lost , e're they these rocks espy ? bo. poor widows-sighs does them surround , and orphans tears , 'till they are drown'd . oh! but say some prelates , and high-flown churchmen , are not so stony-hearted , nor such tantivies , riding post to the devil , and driving men to heaven or hell , with switch and spur , as you think for ; but order is a good thing ; and since the naked-truth , and such books , taxes them so smartly , as if they were good for little but to be ' mended and reformed , the ecclesiastical fabrick may tumble down , ( god bless us ! ) robert grosthead , bishop of lincoln , tax't the shameful abominations of the court of rome , in his letters to the pope , that it hindered him from being canoniz'd and sainted , though he deserv'd a red letter better than any papist in the kalendar ; he was , if it be not ( contradictio in adjecto ) an honest papist ; and if the bishop and his clerks ( of rome ) had not been stony-hearted and impenetrable , beyond all amendment and polishing , neither luther , calvin , nor the protestant name had ever been heard of to this day . by grosthead's counsel rome had stood , had she not vow'd ne're to be good . rob. grosthead , the author of a great deal of naked-truth , flourish'd ( in spite of the pope ) anno ; and defines — heresy ( to be ) an opinion taken and chosen of a man 's own brain , contrary to holy scripture , openly maintained , and stifly defended . this is a true , good , and honest description of heresy ; and if so , for god's sake tell me true : if prelacy be contrary to scripture , contrary to the holy commands of christ and his apostles , in plain ( not doubtful ) words ; and if men stifly maintain it , and openly defend it , ( with actions , statutes , suspensions , silencings , curses , anathema's , excommunications and jails ) for god's sake who is the heretick now ? tell not me of statutes , they are void ipso facto as soon as made , if they be contrary to the statutes of god and christ , saith the lord coke , the oracle of the law , who ( tho a lawyer ) was not asham'd to be a christian . away with hypocrisy and cheat ! it shall , it shall tumble down , and fall on the heads , and crush all that shoulder it up , and endeavour to support it : it shall , i say ; i cannot tell you when , but it shall in due time ; they on whom this stone shall fall , it shall grind them to pouder . stay till the iniquity of the amorites be full , and till they have drunk brimmers full of the tears of widows and orphans , huzzah ! till they have fill'd the jails full of howlings , wo and lamentation , then down dagon , down to hell , for ever down — it is an infallible truth , that not only what is contrary to god , and the sence and meaning of his holy gospel , shall come to naught ; but also what is contrary to the sence and meaning , and desires of the greatest part of the nation , must tumble down , especially when it has no foundation of truth or honesty , but stands upon frail and rotten crotches : the next puff , or great wind , — ( stand clear ) for down it goes ; or the next calm , when the master-builders have time and leisure to view it , and find its danger , and its malignity , down it goes — the house of lords represent themselves , but the house of commons are the representatives of all the people in england : what therefore the generality of the people affect , that , i say , in time shall become a law. the honourable house of commons have not only struck at this statute , r. . which the prelates make such work with ; but the repeal thereof past the house with general approbation , and was committed , and sent up to the lords for their concurrence therein , it stopp'd there . — so much for this time . the words — called scandal . magnat . — which must cost this defendant l. are not actionable , taken in sensu conjuncto , ( as learned lawyers say ) nor can the innuendo in the third count lie , because he that drew the declaration forgot to mention the colloquium ; for if it had ( but ) been in , no doubt but harris would have swore it through and through : what an oversight was this ? therefore say some to the defendant , bring a writ of error next term , and quash it , and there 's an end of an outragious verdict , of a desperatee jury . or else motion for a new trial , because the declaration is , that the words were spoken before divers of the king's subjects , and but one little subject appeared . a writ of error ! where to be argued ? in the exchequer-chamber , before all the judges . this is a cunning way , more grist to the mill ; as good be in the clutches of an unmerciful prelate , as uninerciful breath-sellers . mr. chamberlin , mr. hollis , sir john elliot , &c. that were jailed for refusing to pay customs and ship-money , in charles the first 's time , because there was no law for the same , ( a clear case ) ; they took this course , and the judges ( ten of twelve ) gave the cause against them : they lost their fees , and their cause , and this defendant gets nothing but wit. exchequer chamber ! he knows a way worth two on 't ; he 'll keep himself and his estate out of all their clutches , keep in harbor till the storm blow over , let it bluster . and to jail the defendant , looks like an inhumanity like that of some creditors , that in cruelty arrest the dead corps , — a barbartty of no great credit to a bishop , ( that , if he do not propagate , at least should not by jails and shams hinder the propagation of the gospel ) especially not ( how bigg soever any man is ) at this time of day . money , a great deal of money will gadbury get , and more than ever the bishop will get by this affair ; for , flectere qui nequeant superos , acheronta movebunt . the horary questions will be , where the defendant's estate is ? where his lands ? where his goods ? where his moneys ? ( if any body could tell ; for i believe the defendant himself can scarcely tell that ) and lastly , where he himself is ? whether within a mile of an oak , or just under the bishop's nose ? and when all comes to all , the inquisitors will but throw good money after bad ; for the devil will cheat them , as he did madam cellier , both of the money and the sham-plot . and after all — the ass-trologer knows no more ( by all his intelligence with mercury and the moon ) where the defendant is , than i do ; perhaps not so well : nor ever shall , till the time come when truth is valued more than hypocrisy ; when innocence is a sufficient guard against power ; when gospel is preferr'd before an obsolete worm-eaten law , made in the days of popish prelacy ; then ( and not till then ) shall the defendant appear to their shame . and in the interim , make them know how deep and smartly a single pen can wound , when whetted and made sharp with truth , and edg'd by despair , through the inveterate malice ( but silly policy ) of unreasonable and wicked men : christo commonstratore non didicerunt , they never learnt this policy of their saviour . this method is like the policy of the late suborners , that would have wheedled the man into perjury , by telling him of two sorts of advancement ; if one would not , the other should ; if preferment , and money , and gold would not make him swear treason against — then he should be advanced to the gallows , and boo — should swear treason against him . wicked haman , ( that devillish privy-councellor to the king ahasuerus ) had experience of both these advancements ; first , to be a favourite ; and secondly and lastly , to the gallows prepared for mordecai . this brings to my mind a true story , and commonly known : there was a great man , but he was an atheist , but ( in pretence ) a papist ; and being sick on his death-bed , he called for two pictures , that he had provided against such a last extremity , and hung one on the one side of his bed , and the other on the other side . one was a picture of god almighty , ( you may know he was a papist by that ) the other was the picture of the devil , ( you may know he was an atheist by that ; ) in the first picture — this motto , — si tu non vis , ( if thou wilt not ) ; but in the devil's picture , on the other side his bed , this motto — iste rogitat , ( here 's one will. ) even so , beloved , like these two motto's , there is belike , as the suborners say , two sorts of advancement ; one by fair means , the other by foul : as if cicero himself , ( whose eloquence is meer canting , and a set , little pedagogical way of chanting words , ( by the silly ) admir'd for oratory above rhombus himself ) should say , if money and fair words will not make you a perjur'd villain , and a teague o divelly , then the gallows take thee , and the foul fiend . o the hypocrisy of some mens religion ! what have we to do with a devil in the likeness of samuel ? the white devil is the most devillish , the religious devil ; no man crosses himself , nor blesses himself from him , nor from the foul fiend ; when the suborner prays like a saint , and when this son of perdition , and devil incarnate , appears to the world in the likeness of a prophet , and yet has no god but his belly , no lechery like revenge , no food like man's blood , no recreation like issuing out excom . cap — and filling the jails , the royal seat of his soul being in his belly and midriff , the throne of the belly-god . let no man envy the gentleman his employment ; for if i had a dog that was such a biting , mischievous curr , and worry-sheep , i would hang him . look him in the mouth , do but see there , i told you his chaps were bloody , he has not lick'd his lips since he told a lie ; for his religion is meer cheat , as the king says ; his voice is jacob's voice , but his hands , his hands ( the bloody hands of this nimrod ) look you , gentlemen , his hands are the hands of esau . seal those cap — there ; are you sure they are all sent to the devil ? yes , ecce signum ! then pass them — fill the jails full — full — 't is done , one cries — the devil take them — ; the other cries — take them jailor ! — a glorious work ! sure the fool says in his heart , there is no god : no , the devil of hell is not so devillish an atheist : 't is the old fool , that wishes ( and lives as if ) there were no god. naturalists tell us of roots called the mandrakes , in proportion and parts like a man and woman , ( for like the palm-tree , there is difference of sexes , male and female of them , and these mandraks are never found in the earth alone , but male and female together lie , ( that 's more than some men do with their wives ) bedded together in the ground , from whence it cannot be eradicated and pluck'd up by any living creature , but it proves the death of that creature that does it : therefore they provide a dog , good for nothing else , as most sit for that office and employment , first digging about the mandrakes to facilitate the feat , and up come the mandrakes with a groan , and down falls the dog dead , dead , stark dead ; nay , no matter , 't is but a dog. compare we true devotion ( in the consciencious discharge of the duties of christianity ) and religion to be this mandrake , at which the persecuting nero's , dioclesian's , julian's , &c. the popish inquisition , the prelatical high-commission , with their anathema's , and their capias , and their constables , and jailors , and executioners , have long been plucking , tugging , and sweating , and enacting , to eradicate it , that rome might be made instead thereof , to plant their own inventions , conformable and uniformable ; to secure their lordly spiritual pride , tyranny , covetousness , and oppression , and ecclesiastical policies and subtilties , by capias's and curses , acts and writs against inoffensive people : let them alone with their employment , their bayliffs and bum's , their officers and apparitors , their commissioners and executioners , hangmen and jailors , and the rest of the black regiment ; let them alone , it will be the death of the dogs : and — how now ? — what am i going to write ? no near — ( as the seamen phrase it ) — starboard your helm , and keep your loof — no near — steddy your helm , — keep her thus — steddy — there . i must not say at present what i was going to say , and therefore i 'le take off my pen , and amuse my self with a welsh-man a while , one mr. sol. shaw , a man mr. hickeringill never saw nor heard of before , who from monmouth in wales , ( no worse place i assure you ) sent mr. hickeringill this following letter and lines , in a cover directed to mr. r. janeway , in queens-head-alley , london ; which for the honour of sir george jefferies , ( her own country ) i will make bold to print , ( if it be but to shew , that more welsh-men than sir george have been in love with mr. hickeringill . ) but ( besides ) in my judgment the reader , considering all circumstances , will think them worthy this lasting memorandum . for mr. richard janeway , in queens-head-alley in pater-noster-row , london . sir , the great distance between me and london , with a long discontinuance from the city , my acquaintance being now worn out , and having no correspondent , hath caused me to direct this unto you , being the printer of the naked-truth ; and though i am a stanger , i hope you will not take it amiss ; if you think it worth your pains , you may give it to mr. hickeringil in print ; and when i come to london , i will return you thanks . candlemass-day , feb. . / . your friend , sol. shawe . monmouth , candlemass-day , feb. . / . reverend sir , i have sent you , in the next page , some gratulatory lines upon the reading of your naked-truth , &c. i find your books , in these parts , to be like universal pills ; they have various operations , and work upon all bodies politick one way or other , by sweating , vomiting , purging , urin , &c. but generally the people take them as cordials , and digest them with a great deal of comfort ; for we are true britains in the west , and are glad to hear there is one wise man in the east ; we hope there are more . we are so yoaked with consistory collars , that our necks are worn bare , and our withers gauled ; and if we offer to winch , or draw back , we are presently pinch'd , and such goads run into our sides , that we are forced to go as they please , for they must needs go that the devil drives : and tho' we have but short pasture on our barren mountains , and lean livings in wales , that we can but just keep life and soul together , yet our fat task-master does so exact , that we can scarce keep skin and bones together ; we are so poor , we cannot creep ; we are so drained in our purses , that we are no way able to wage war with the beast . our trembling vicars , levite-like , conform to all , and issachar-like , bear any burdens that are laid upon their backs , and know not how to help themselves . and our poor church-wardens stand cap in hand to the worshipful mr. arch-deacon , the reverend doctor and commissary , and the sir reverence the register ; and are glad they can get off , and be dispatched , by paying of their mony , ( which is a parish charge , that grudg to give them allowance for their time : and if the church-warden offer to speak , the arch-deacon nods , and the commissary frowns , and the register mouths and rails , and calls them saucy , threatning them to march from court to court , and wait attendance upon his ar — that they are so tired in body and spirit , that they have no heart to their drudgery ; they had rather be of any office , ( scavengers to empty dung ) than to be church-wardens ; for they are forced to swear and forswear themselves , whether they will or no , for it is impossible for them to keep their oaths ; if they offer to speak , their mouths are stop'd with a canon bullet , a book of articles is given them , to present their peaceable neighbours by . the margin doth quote several canons which they cannot read , neither do they know when or where they were made : nay , they tell them of unwritten traditions , of customs , and ancient usages ; and frighten them with high words , and snap them up , saying , take the book , here is the guide you must go by , and present , or else you are forsworn . and when they make returns , which is writ by one or other of their proctors , for which they give a shilling , and subscribe , omnia bene ; they will not believe them , but tell them , the court is informed otherwise ; and put pusling questions to entangle them , and will not take in their presentments , till they have put in the names of some of their best parishioners , ( but they must not be quakers ) ; and thus the whole parish is set in a flame by these incendiaries ; and poor ignorant creatures , they cannot help it : if there be any dronish or debauched clergy-man that they complain of , they cannot be heard ; and they understand that some have been proved prophane in life , and common speaking , and heretical and popish in their publick preaching ; that the high arches do only check them , and continue them in their livings ; to the encouragement of debauchery , and the hazard of the precious souls of their hearers : but if there be but one pious and painful preacher , the whole inquiry is after him ; what doth that man do ? is he conformable in every point to the king 's ecclesiastical laws ? and if there be the lest iota or ceremony omitted at any time , he is presently suspended , ab officio & beneficio ; and thus the shepherd is smitten , and the flock scattered . sir , i have held you too long , i have been in the company of the clergy , where your books have been mentioned ; and some modest men have spoken , that there were many things too true : but the high hectors have run them down , and railed against your book and you , saying , they know not but you may be a jesuit , ( which they never said while you drudged for them ) : they say , that a pillory is more fit for you than a pulpit , and a rope than a cope : they say , e're long your mouth will be stopped , they will cut your gill , and then hicker where you will. they have silver and gold spurs , yours are but natural , and they will slash you ; they will pick out your eyes , and crow over you ; they will not leave a feather on your back , or a quill to make you a pen to scribble with ; they will cut your comb , and your stones too , and make a gelding of you , that you may only serve as a door-keeper for their nuns , &c. but i shall detain you no longer , but subscribe my self , sir , yours to honour and serve , sol. shawe . sir , your friends long to hear when the term will be over , and how it fares with you . so much for the prose , next follows the british muse , bred on pernassus , the penmenmaur . thy naked-truth ( brave hickeringil ) out-shines the glittering silver , and the golden shrines of great diana ; all her vanities are clearly seen by naked verities . this makes demetrius , and his crafty crew , with pursevants so hotly to pursue : for now their trade is likely to go down , they cry diana round about the town . the church , the church is come into disgrace : an uproar now is rais'd in every place . confusion is so great , they 'r in a smother ; some cry out one thing , some cry out another . the greatest part know not the reason , why they 'r met together to make hue and cry. o for a town clerk th' rabble to allay , and send th' assembly peaceably away ; for naked-truth robs not the church , but she discovers only her deformity , restoring her to primitiye beauty . and when a lawful convention of state , shall meet together , to take thy relate into their serious consult , 't will be found there 's nothing writ , but on a scripture-ground . they 'l see , that canon is not statute law , but only like a blazing wisp of straw , to scare the simple to conformity , against their conscience , law and liberty . it 's only hissing wild-fire that doth singe , to make fools unto ceremonies cringe . and by this means they will sind a just cause , to regulate such arbitrary laws : for king and parliament have not confirmed their canon laws , therefore they may be mended . except unto the romish church they fly , t' uphold confused babel-hierarchy . and this thy naked-truth doth shew as much , except they are resolved to be such . what tho' thy naked-truth by some be blamed ? yet naked-truth will never be ashamed . and what tho' thou ( like paul ) wert formerly , in commission by scribe and pharisee , to drudg for them , oppressing some with fines , that would not bow and stoop to their designs ! yet if thou now converted art , ' tic well ; thour't in the way to heaven , they to hell. and what tho' many of the saints do fear thou do'st dissemble ; because they do hear how thou did'st persecute the saints , and hale their persons innocent unto the jayl ! what tho' at present they be shy of thee ? yet thou proceeding in thy zeal to be a convert true , it will rejoice their hearts , that god hath raised thee to take their parts . and what tho' priests do wait by writ of cape ? yet by some basket thou shalt have escape . their ruffins sworn to take thy life away , by providence shall miss their hoped prey . tho' some may question , thinking that thou art , no true disciple from thy very heart ; yet when it shall be known what thou hast writ , and preached too , thou wilt be quite acquit . when by thy naked-truth the church hath ease , it will the brethren in all places please . but let me tell thee , mr. hickeringill , tho' many grave divines approve thy pill , prelats and proud priests say , thou hast no skill . the gout , the strangury , and such disease , may , by a velvet couch , receive some ease , and golden chariots rocking them doth please . a body full of humours , all can tell , disgusts that physick that will them expell ; because it makes them keek , and vomit up , their sweetest morsels , like a bitter cup. sick physick they don't like ( tho' that must cure ) ; this they resolved are not to endure . thou purgest head , the reins , and liver too , fluxeth the body , and makes such ado , that all their rottenness will be discovered : they like not this thy way to be recovered ; but will keep rather their distemper still , than purge and vomit thus to make them ill . diseases foul , physicians will conceal , and gross distempers they will not reveal : the credit is the patient's ; gain's their own ; this thou regardest not , but makes all known ; tho' they tormented are , and full of pain , yet they have riches , profits , honour , gain ; and they are courted too , have great retinues to wait on them , and they have great revenues : now this they love , and will not change their state , for all thy pamphlet-printing , and thy prate . they say , a mungrel-mountebank thou art , that mounts the stage , but hath no real art. thou runs from town to town to show thy feats , and vend thy mouldy drugs , which are but cheats thou railst against the cross , but dost purloin , picking men's pockets both of cross and coin. thou hast no licence to be thy defender , therefore against the law thou art offender . if this be true , there 's ground enough , i trow , by scandalum magnatum to o're-throw , and bring thee down upon thy bended knees , to ask forgiveness , and to pay thy fees. therefore the scribes do lay for thee their snares , and do consult to take thee unawares . the officers of doctors commons meet together often , and their heads do beat what course to take ; the learned chancellors , crafty civillians , foul-mouth'd registers , arch-deacons , surrogates are in a huff , the proctors and appariters do snuff : our wealth is gone , if we let this alone , we must with th' irish , cry , ohone , ohone . they all combine , and never will give out , until they have giv'n hickeringill the rout . their cobweb-canons , and their lime-twig-laws , thou valuest no more than rotten straws . thou fearest not their hollow pot-gun noise , being good for nothing but to fright the boys . they therefore now appeal , and crave the aid of statute-laws , to help them in their trade . look to thy self , they are resolv'd ( now in ) to lose the saddle , or the horse to win : they strive to make pilat and herod friends , and then the consistory have their ends. now velvet saddl's offer'd , with gold fringe , richly adorn'd with splendid trappeling ; and when the saddle's on their back , they 'l get a snaffel in their mouths with iron bit , except god give them grace , and better wit. for when they 'r mounted , they will spur them on , unto their own , and thy destruction . it is by this means they support their hope , to get thy neck into a hempen rope . ( the cross thou likest not , and will not have ) a gibbet's good enough for such a slave . if they can get the learned lawyers in to take their part , as they now do begin . this was the way they dealt with christ ( him kil'd ) and poor st. paul his back with stripes was fill'd . but it is hoped ( that will be forbidden ) ; for honest lawyers will not be priest-ridden : for they will show no mercy , switch and ride , till they have got unto the romish side . lawyers themselves at last will yoaked be , becoming traitors to their liberty : for if the statute do their canons draw , they 'll keep the king's liege-subjects in such aw , by raising up a spanish inquisition , bringing all down to ruin and perdition . they 'll set the mitre up above the crown , and bring all law , and all religion down . o the confusion that will follow then ! but i forbear , and will hold in my pen ; and so conclude with england's letany , defend us , lord , from french and popery , and god send thee a safe delivery . sol. shaw . we are commanded to — love the truth and peace , well put together ; for truth seldom meets peace without , tho it always makes peace within . truth seldom gets in this world external peace , but never misses internal and eternal peace . the word of truth , truth it self , our blessed saviour , and his apostles , never failed of inward peace of conscience , and joy in the holy-ghost , never fail'd neither of external ruffles , and war from without ; and therefore he said , he came not to send peace on earth , but a sword. it always was so from the beginning , is now , and ever shall be , that war should be betwixt the seed of the woman , and the seed of the serpent . but there can be no peace ( saith my god ) to the wicked ; neither peace external , internal , nor eternal . for truth is the essence of peace , the life and soul of peace ; it ceases to be peace , when truth is absent , and is meer war , confusion , and conspiracy . how i have studied the way of truth , let good men judg ; and how i have studied the way of peace , this following letter to henry bishop of london will evince . and not further to displease sir george jefferies , ( for i hate this vain jangling about words , and titles , and genealogies ) as it happens , ( the welsh knight will now be pleased , for ) the last letter sent from this defendant to the bishop was as smooth , docile , courtly , and alamode , as the best courtier of them all can write . and that the defendant ( absit invidia verbis ) has been as great a traveller as st. taphee , or as that great welsh-man and kill-cow hero , ( capt. jones himself ) that said , he had a priviledg or patent whereby he could lie by authority , ( wonderful preferment ! ) the welsh-man was proud on 't tho . the letter verbatim , thus : viz. to the reverend father in god , henry lord bishop of london , at london - house , in aldersgate-street . may it please your lordship , this is the second humble address that i have made to your lordship , that all differences , as well as the action of scandalum magnatum , brought against me by your lordship , may be amicably composed , before the utmost extremity be tried . if i had spoke the words modo & formâ , as they are laid in your declaration , i know not whether upon any submission . your lordship would find mercy enough to remit them . but , my lord , if you will vouchsafe me a hearing , with ( or without ) your own witness , or witnesses , i doubt not , but he or they will evidence my innocence , that i never spoke the words as they are laid , but without any interruption or intermission , in a continued discourse , i did explain , and explain , and express what horrid plot it was , which i said your lordship had a hand in , viz. against my righteous name and reputation in the barretry . and that those ungrateful words of — impudent , and ignorant , ( which are odious , if considered abstractly ) , had reference only to a discourse we had of a printed paper your lordship recommended to the clergy of essex in your last visitation , ( and amongst other things ) the observation of the canons of , by name disallowed by . car. . . which statute if your lordship knew not , i said , you were ignorant thereof ; or if you knew it , it was impudent to confront the said act of king and parliament , opposing your sence against theirs . all which , my lord , are not scandalous , taken together , nor against the statute , if true ; but the last words were very rashly and irreverently spoken , and i am so far from justifying the irreverence and indecency of the expressions , ( what provocation soever i might have ) that i will give your lordship what satisfaction your lordship shall reasonably require , with all humility and contrition . and i am the rather hopeful of the good success of this my humble submission , because ( i hope ) your lordship intended nothing else in bringing the action , but only to bring me to acknowledgment of the irreverence of the expressions , and not with a design to enrich your self by any money of mine , or undoing me and my family . yet , my lord , i doubt not but to make it appear ( if you will admit me ) to your lordship ) that the action against me is ill laid , and that you wlil certainly be non-suited , tho it be no policy to tell your lordship how and wherein at this time of day : however , it will approve me ingenuous towards your lordship , and that i do as industriously avoid a conquest , as well as all contest with your lordship , and that this submission proceeds from nobler principles than fear can suggest . but i have had so ill success in all my former applications to your lordship , that i have but little faith or hope in the success of this ; however nothing on my part shall be wanting to an accommodation . and since almighty god ( in mercy ) does not send a thunderbolt for every rash oath , or every irreverent word against his holy name ; your lordship , i faintly hope , will , after his example , find mercy and grace enough to remit , my lord , your lordship 's humble servant , edm. hickeringil . now let the reader judg , whether any soft concession or submissions can mollify this sort of men : flints will break upon a feather-bed ; but the bishop and his clerks ( near the isle of scilly ) are harder than flint , harder than the adamant , or the nether milstone . what advantage did sir francis pemberton , the lord chief justice , take at the defendant's ingenuous concessions ( which were more than needed ) in the case ? for there are not any words laid in the declaration , ( if never so true , and well-prov'd ) that are actionable , or within that statute , but are justifiable as they were spoken . and upon a writ of error , it will appear , ( for the oath of the judges is , to have no respect of persons in judgment ) that the words in all the three several counts are not actionable , nor scandalous ; and if so , then all this noise is like the shearing of hogs , a great cry , and a little wooll . to say , his lordship is very ignorant ; 't is too true , and if he be wise , he will confess it , as ( aforesaid ) st. paul did , and so socrates , and all the wise men ( before or since . ) agur or solomon , one of them , says , i am more brutish than any man , i have not the vnderstanding of a man. that danger is over ; the other is easy . for to say in sensu conjuncto , nay , in sensu diviso , that his lordship is a bold man : a souldier should be so , much more when he is a souldier of christ , much more when he mounts so high as to be a prelate , he had need be bold or daring , because of the many oppositions he must expect to encounter ; the apostle bids us — stand to our arms — and put on the whole armor of god , and stand , and when we have done all to stand . aristotle and all the philosophers make fortitude to be one of the four cardinal vertues ; ( i never heard it was scandalous before to say a man is bold and daring ; if it had on the contrary been said ) his lordship is fearful , a coward , and then ; then , then indeed the scandal . magnat . would be greatly scandalous , and within the statute ; and the action would well lie ; but not to say , his lordship is a bold daring man ; though you add a bold , daring , impudent man , for sending some heads of divinity in a printed paper contrary to law. is it not impudence to live in the practice and office episcopal , acting contrary to those methods , rules , and rubricks commanded in the statutes by king and parliament , and contrary to the common-prayer book , and act of uniformity ? yes , you must say — for a bishop cannot plead ignorance , nor frailty , for then his lordship would ( indeed be very ignorant . the defendant is the man that will prove , ( if any body have the face to deny it , and when time shall serve ) that there is a bishop within a mile of an oak , that has liv'd in the practice and office episcopal , acting contrary to those methods , rules , and rubricks , commanded in the statute by king and parliament , and common-prayer book , and act of uniformity . as for instance : he that confirms all comers , hand over head , without exception , without examination , without certificate , without knowing that they are baptiz'd or catechis'd ; is not this abominable , bold , daring , and impudent ? no great man ( if he be a subject ) is too great for the law , not too great to be corrected , reform'd , and better taught ; not too great for king and parliament , and their statutes : it is treason to deny this truth . what ? shall confirmation , ( of which the papists make a sacrament , and protestants make an ordinance and statute-law , ) be slubber'd over against the very design of it ? be slubber'd over , by confirming such as have neither sureties there , nor any witness , nor any god-father or god-mother , nor any minister , to testify that ever they were baptized ? o abominable ! what is bold , daring , and impudent , if this be not ? the canon law says , episcopus non potest statuere contra jura . lyndwood in con. oth. quid ad ven . v. corrigend . then dly ; for the bowings , noddings to the east , to the altar , to the wax-candles : is it not bold and daring , &c. to set up or countenance ceremonies , against the king's laws , and acts of uniformity , that were never of god's making , nor of the king and parliament's making ? is not this bold , daring , and abominably impudent ? then dly ; to recommend in a printed paper , canons for the clergy to observe , ( the , , and , of the canons of forty , ) when there never was any such in the world. and as for these lambeth canons , that ( to make all the republicks in the world our enemies ) falsely assert , that monarchy is jure divino , by the prime law of nature , and at large confuted in naked truth , d part. it was impudence in the clergy to make that first-of-the - lambeth-canons at first , and greater ignorance ; ( that a whole convocation should be no wiser , and yet so bold , daring , and impudent , as to impose upon the clergy and lay-people such vntruths and falshoods , as are in that first article of the constitutions of forty ) but strangely bold , daring , and impudent , for any man at this day to justify , vindicate , recommend , or defend them . the naked truth , d part , has confuted the vanity and ignorance of the convocation in that first article of their lambeth-canons , or constitutions of forty , against all contradiction , and beyond the skill of all the bishops and clergy of england to answer , at least hitherto ; they have slept quietly upon 't , and shall a single bishop , and one of the youngest sort too , revive them , and yet cannot justify the very first of them , which is not the worst of them neither , as is fully and particularly , and at large proved by the defendant in his former works , and condemn'd by the great wisdom of the nation in an ordinance . this 't is for men to stand on the utmost pinacle of the temple , and oversee and command all others , when a lower seat of the church would be as well or more easily supplied by them . what mischief to the church ( in all ages ) has it brought ? to make boy-cardinals , and boy-bishops , and novices , great before they be good , and to command wiser men than themselves . — like fresh-water , and courtier-captains of ships , and yet know not larboard from starboard , or how to right the helm , nay , perhaps can neither box nor ( so much as ) say their compass ; and yet these must be pilots and governors : 't is the ruin of the fleet. or to set up or prop a church of christ with the unsuitable and rotten props of cruelty and force ; as if christianity destroyed ( what it came to amend ) humanity ; or that to be a christian governor , is to be an inhumane devil , good for nothing but to run up and down , seeking whom he may devour , and worse than turks , jews , heathens , and infidels . it is this ecclesiastical policy , that has ruin'd the most resplendent empire of the christian world , ( spain ) not so terrible in her inexhaustible treasures , and indie-mines , as formerly in her warlike hands ; yet , how contemptible now ? how depopulated ? how despicable to all their neighbours , that were so formidable ( so latley ) to england , and the christian world ? how did king james court them ? and king charles the first humble himself , in hopes of an alliance with spain ? what cringing letters ( upon this hope ) were writ to his holiness ? what complements ( for i hope they were not in earnest ) to pope gregory the th , ( that wretch ) ? — sanctissime pater , beatitudinis vestrae literas , &c. nunquam tanto quo ferimur studio , nunquam tam arcto & tam indissolubili vinculo , ulli mortalium conjungi cuperemus , cujus odio religionem prosequeremur , &c. vt , sicut omnes unam individuam trinitatem , & unum christum crucifixum confitemur , in unam fidem coalescamus : quod ut assequamur , labores omnes atque vigilias , regnorum etiam atque vitae pericula parvi pendimus , &c. bless us ! what promises are here of propensity to rome , even to the hazard of life , kingdoms , and all , in devotion to his blessedness , ( so he is friled ) who will not stir a step from his infallibility ; one would think , that to have met him half way , had been devotion enough in all conscience , reason , scripture , law , or equity ; and for such mighty and wise kings and princes ( too you 'll say ) as were king james , and king charles the first , in so ( i hope ) never to be again imitated condescension and submission . it makes my heart ake to think on 't , or read the letters published at length by the indefatigable mr. rushworth , ( as before quoted ) and all the pope's demands signed by the king and prince , p. . of his historical collect. part . and all this for what ? for the spanish match . and now spain is glad to woo , instead of being wooed ; glad to court and address , instead of receiving addresses ; glad with gifts , pensions , ( even to the emptying of their inexhaustible treasure ) beggar themselves , and keep themselves poor and pennyless , to keep cart on wheels ; nay , and all will scarce do neither . and why ? and why ? they are depopulated by the inquisition , the severity and persecution according to law tho . and their trade is decayed , by reason of their foppish and numerous holy-days , or play-days ; families are needy and starved , because not suffered to work upon the six days , whereon god says , thou shalt labour . — that , were it not that the indian mines did supply them with merconary souldiers , ( poor refuge to trust unto , god knows ) they had given up the ghost long ago . and now — do not they gape for help , or some poor comfort , ( like men drawing on , or ) at the last gasp . nay , i my self know , ( scarce any man better ) that if there were war betwixt england and spain , ( which few men desire ) in this conjuncture ) jamaica , and the wind-ward islands alone , are ten men to one of all the natural spaniards in the indies ; and without the help of england , either in men or ships , money , or ammunition , could — i know what — but — i 'le reserve it to another season . i know on what score — the brave raleigh was sacrificed to gundamore's revenge , the spanish embassador . yet some politicians ( the scholars and disciples of nat. thomson , l'estrange , and heraclitus , ) think that the best way to keep a kingdom quiet , is to depopulate , jail them , beggar them , sham-plot them , — send them to the devil , and the jail ; spoil all trade , — discourage all adventures to sea — as if men were dogs , — and good for nothing but to be hang'd . and yet the wise man found it true , that oppression makes a wise man mad ; and with all his wisdom , and his politicks , he found ( too late ) that he was mated and bearded by his own servant , and he none of the best neither — jeroboam , who taking advantage of the people's discontent and murmurings , ( wanting only a head ) to relieve themselves , soon won eleven of the twelve tribes from the fool , that would listen to no advice , no address , but that of the young courtiers , — saying , — my father made your yoke heavy , but i will add to your yoke — : my father chastised you with whips , but i will chastise you with scorpions . — my little finger shall be thicker than my father's loins . cunning fool ! and subtil politician ! nay , the text says , — king. . . that the cause ( why the king hearkned not unto the people ) was from the lord — for his ruin — no wonder then the people grew stark mad ( cruelty and oppression had made them so mad ; and yet we do not read that rehoboam nor solomon opprest the people , but that they had a law on their side to vouch the whips and the scorpions too ; ( remember emson and dudley ! ) no wonder ( then ) the people run into rebellion to this day , v. . and run stark mad , and after a foolish religion too , but they that were made desperate by bad usage and cruelty ( it might be better with them , it could not be worse , they could but lose their lives , or their livings , lands , goods , and liberty ( more dear than life ) and therefore they publickly beat up their drums to a point of war — and makes the trumpets — sound — to horse — to horse — ver. . so when all israel saw that the king hearkned not unto them ; the people answered the king , ( to his head , and to his face , most irreverently ) saying — what portion have we in david ? neither have we inheritance in the son of jesse : to your tents , o israel ; now see to thy house — david . king. . , , , , . this 't is , to take no warning , no counsel , no advice , but of a sort of young , unexperienc'd , huffing , vapouring , sanguinary , blustering , bold daring coxcombs , and very ignorant ; the poor foolish king found it so ( to his cost ) good man. and what mischiefs have come to the church , to the nations , to christianity and christendom , by these rash sanguinary ways ? ( for every thing is most certainly best preserv'd , by the same means and methods by which it was made ; nor was the peace of christianity , nor its propagation , by might , nor by power , but by my spirit , saith the lord of hosts ) . the world shall have a large and particular account thereof , ( if mr. hickeringill live ) and can come at pen , ink , and paper ; of which his enemies ( with all their policies and subtilties ) have not had power enough , as yet , to deprive him . — but will , no doubt , drive on ( in the same road ) jehu-like — stand and see — what an old house some men have a mind to bring over their own heads — let them alone — you cannot advise them more mischievously to themselves , than to bid them follow their own advice , and consult only with their own malice , hatred , and revenge , cruelty and mischief — let them alone — and give them scope enough — go on . mr. hickeringill will also publickly make appear , ( if god spare him life , health , and liberty ) particularly and at large , how baneful it has been to the church , to make church-men and spiritual persons , vastly rich , and vastly powerful in temporals , ( so incongruous and incompatible with the apostles , the gospel , nay , christ himself , whose kingdom is not of this world ) and who never encouraged ( as some do ) but discouraged a worldly , proud , pragmatical tribe , overtopping clergie and lay , as much as their cathedrals overtop our houses : though they have endeavoured to shut him out of the pulpit a while , by the help of an old statute and a jury , they have not power to shut the doors of the press , ( god be thanked ) . luther and calvin's reformation of the idolatries and superstitions of rome , could never have spread ( far and wide ) if printing had not been invented : a few manuscripts might have been handled about , to some few particular persons , and learned men : but the tyranny prelatical , and oppressions of rome , in england , scotland , ireland , france , sweden , germany , denmark , holland , &c. could never ( without a miracle ) have been defeated . but by the printing-press , well employ'd , by able and learned pens , ( not scurrilous news-mongers ) . the three aforesaid crimes , are only personal and singular ; but there are other abominable crimes , of which the rest are guilty ; or , the most of them : is not this too scandalum magnatum ? of which many instances may be given ; some for example : namely , their connivance , confident and bold permission of all their under-officers in their ecclesiastical courts , ( if not their incouragement , assistance , and by their power and interest , a bold countenance ) of the daily , constant , publick , and impudent extortions and oppressions of the king's subjects , against the statutes of this realm , ( that limit the just fees ) in citations , probate of wills , administrations , &c. nay , against their own canon-law , ( concil . london . . edw. . anno dom. . ) and against their own table of fees : wretched , universal , and abominable impudence ! no name can be bad enough for this wilful and daring attempt , and contempt : what ? in god's name , are any prelats greater than the laws , or too big to be subject to the king's laws , or too great to be good ? god forbid . no wonder the whole tribe unite their power against the man , who has courage to charge those things home upon them , and whom they ( therefore ) hate , because he is , ( and few men more ) acquainted with their mysteries of iniquity , and knows how to charge them home : no wonder therefore they so much dread him , and do so unite their common-forces , and joint-interest , to ruin him , or jayl him , and so tie up his hands , as well as stop his mouth , by their ecclesiastical-canon-shot , of suspensions , silencings , excommunications , curses , and the like spiritual - artillery ; they act for life , ( as men that are drawing on ) . the silver-smiths cried out — great is diana of the ephesians : and yet to tell you true , this chast diana , whose image ( as the priests said ) came down from jupiter ; and the fools and bigots believed it , ( tooth and nail ) ; and the crafty priests , and the shrine-makers , and silver-smiths , ( false loons ! ) they knew that their great wealth depended upon the belief on 't : no wonder then that they cry , and whoop , and hallow , ( and the fools and bigots eccho'd to the cry which the shrine-makers made ) — great is diana of the ephesians ; and yet to tell you the naked-truth on 't , this chast diana was a common-huntress and common-strumpet and baggage , and as arrand a whore as any in rome . where is there a clergy-man , now-a-days , that will say , as of old , nolo episcopari — i will not bishop it , ( if i might ) or would gueld himself ( as some have done ) to make themselves uncapable of lawn-sleeves ? no , rather run and ride , with friends and relations , mony and flattery , cringing and foppery , to this miss , to that miss , mony and complyance against their consciences , by hook and by crook , have at it ; though good men find how hard it is for a rich man to enter into the kingdom of heaven , much more difficult for a rich man to be a good church-man . for they that will be rich , ( tim. . . ) fall into temptation , and a snare , and into many foolish and hurtful lusts , which drown men ( yet they venture ) into destruction and perdition ; for the love of mony is the root of all evil , which while some coveted after , they have been seduced from the faith , and pierced themselves through with many sorrows . . rich. . the commons complain to the king , that the king kept so many bishops about him in his court , &c. and advanced them and their followers . ( an old complaint ) . when the devil tempted our blessed saviour , shewed him the kingdoms of the world , and the glory of them ; mat. . , , . then jesus said unto him — avoid — satan . but how many of our apostolical men , ( that vaunt themselves successors of the apostles ) do say , ( as the apostles did , acts . , . ) it is not meet , that we should leave the word of god and serve tables ? but we will give our selves continually to prayer , and to the ministry of the word . ay , ay , that 's a good work , the best work , and work enough , and the most proper work for apostolical men. we never read that any apostle turn'd action-driver , or promoter , surrounded with the black regiment of aparitors , proctors , hangmen , and jaylors . again , what bold daring impudence is it for them to keep courts , and not in the name and style of the king , contrary to . edw. . if it be in force ? a statute thought so necessary for the reformation , and so agreeable to the king's supremacy , in the wisdom of our ancestors , that one would wonder any good subject should scruple at its observance , much less live in contempt of it . it is a statute lawfully made , and never repealed . i know what coke says of it , and wherefore he durst say no more , during the tyranny of the high-commission ; which high-commission alone , kept off all punishment from the transgressors thereof : an extrajudicial judgment was ( once ) given against it . but where is the judg will declare against its force , and say in westminster-hall that it is repealed ? i grant , in queen mary's reign , all the statutes against the pope's supremacy are repealed , and her repeal , is repealed by queen elizabeth and king james . but the pope's supremacy continues in france , and yet process ecclesiastical might ( if the french king pleas'd ) run in his own name , and yet the pope and he continue very good friends , and the pope's supremacy continue : therefore the repealing the statutes made against the pope's supremacy , is no repeal of this statute ; there goes more than general words to repeal a law , and such a law. if this statute be repealed , why does not the judges so declare it ? if it be in force , no name is bad enough , nor any punishment on this side death , for the wilful and stubborn transgressors thereof : and 't is my wonder , that no men in england will put it home , to have it argued , that it may not continue a snare to the king's subjects ; for if that statute had not promis'd fair , and most learned counsellors at law of the same opinion , the contest with ecclesiastical courts had never been continued against them , for any thing , but only because of their vile extortions and oppressions , in high contempt of the law of god and man , braving his majesty's laws , his statutes , their own canon laws , their own table of fees , against justice , conscience , and equity ; what is impudence if this be not ? the king may seize their temporalities for contempt — no wonder they frisk , being so netled ; how they strive for life ? and for the words in the last count , more need not be said , than that it is ridiculous to insist upon them ; and therefore sir fran. withins said , they would take a verdict only for the words in the first count : for instead of damnable plot ( meaning ) the popish plot ; their own little single witness , harris , swore against them , namely , horrid plot against my righteous name and person : though that word person was false too , for instead of person , it was reputation , and so did all the witnesses agree ; never was such a cause carried , on the testimony of so infamous a man , a man of so bad memory , that could not tell his tale right twice together , nor twice the same way ; and therefore though he had not been proved infamous , ( by that noble earl ) yet he ought not to have been believed , against the testimony of so many substantial witnesses ( that if they were not crazy ) must needs have better memories than he . lastly , he swore for himself , and in revenge , and to get the defendant's benefice . and yet the precious jury would not only believe him against so many , but would not only find the words , that are not actionable in themselves ; as has been prov'd at large , and beyond all contradiction . for men , thus to ruin a man , and beggar him , to enrich a rich man that has enough already , ( one would think ) or , at least , as much as he deserves , is so like the parable , in sam. . , , , . of the ewe-lamb , ( the poor man's whole substance lost at a clap ) that the jury may thank god that they escape king david's threat : for david's anger , ( ver. . ) was greatly kindled against the man ; and he said to nathan , as the lord liveth , the man that hath done this thing shall surely die . and he shall restore the lamb four-fold , ( mark that , four times pounds ; how much is that ? l. ) because he did this thing ; and because he had no pitty . to dishonour god , by a rash oath , taking his name in vain , is , but ( by our law ) twelve pence for the temporal punishment . and to defame a prelat , ( that in comparison of god is but worms-meat ) shall the temporal punishment be no less than imprisonment , or l. in mony ? oh monstrous ! the mercies of the wicked are cruelty . but cruel men should remember ( in time they may have cause to remember ) the wretched end of empson and dudley , those grand pick-pockets , that from the breach of old statutes , and penalties , did ruine families . sir richard baker , p. . tells us , that their principal working was upon penal statutes , ( to use his words , ) they consider'd not whether the law was obsolete , or in use ; and had ever a rabble of promoters , ( a brave employ for a person of honour ) and leading jurors , ( mark that too ) at their command . they liv'd , and they liv'd to be hang'd for their pains , after three long years , ( for so long god suffered them to drink the tears of widows and orphans , namely , from anno dom. , till . ) and the promoters , ( mark that too ) canby , page , smith , derby , wight , simson , and stockton , ( 't is fit their loathed names should be chronicled to all posterity , and so shall others too that drive the same trade ) condemn'd to the pillory , and then to ride through the city with papers on their heads , and their faces towards the horses-tails . all seven died strangely in seven days after , ( in newgate ) for very shame . there 's an end , a wretched end of a pack of wretches , pack'd jurors , and promoters . the righteous god will hear the groans and cries of the widows and orphans , by unreasonable and wicked men ruin'd and undone , and will pay off the stony-hearted caitiffs ( that have lost all bowels of humanity and compassion ) with a vengeance . that atheists may know that there is a god that judgeth in the earth , and pays men in their own coin. this adonibezek ( too late ) acknowledg'd , when his thumbs and great toes were cut off , ( the very same cruelty which he had inflicted upon others . ) and thus the merciless , that ( without remorse ) delight in the ruin of a man and his house , palliating revenge with an hypocritical deodand , to ruin a man and his heritage , when god has rewarded them in their own kind , each of them over their own ruines , shall say , with adonibezek , judg. . . as i have done , so god hath requited me . for truth hath said it , they shall find judgment without mercy , who have shewed no mercy . tho this must be said in the behalf of that jury , ( that tho it was reported in london ( before the trial ) what the issue has prov'd , yet it is also said , ) that the jury in so great a fine , ( as l. ) intended nothing therein of prejudice to the defendant , but to bring him to a submission , in vindication of the bishop's credit , which ( how true it is is ) time will discover . but in truth the bishop's reputation had been sufficiently and better vindicated , if they had given credit to six substantial witnesses , who acquitted the defendant , that the words in the declaration were not spoken as they are laid , rather than to that little body , who was prov'd upon oath to be so infamous a person , by that noble earl ; and by his own vouchers prov'd to have so little regard to his duty , which he ows to god , to his own soul , and to his parishioners , and to his oath of residence in his said perpetual-vicarage , as to leave them utterly , and forsake them , taking another cure and flock , and leaving his own to the care of one that was lately a silly log-river , and knows not well how to discharge his own cure , nor to read his accidence . and all this , when not only all the said witnesses for the defendant did swear negatively , that they did not hear such words , but positively swore that they heard the whole discourse , and writ down the words immediatly upon harris his false recital of them , and his bringing them in writing to the witnesses for them to subscribe , which with abhorrence and astonishment they refused , ( the defendant being gone out of the room before , and knowing nothing thereof , and also gone out of town ) and the witnesses of their own accord writing down the true words , which they swore to , ( and several more of the company might have been brought to testify the same ) ; for tho there wanted no endeavour by all means ( possible ) to gain but one witness to back harris his evidence , — yet found they none — at last came one single false witness , who will ( as 't is said ) be indicted thereupon for perjury for his pains , and witnesses , substantial witnesses to prove it upon him , let him claw it off as well as he can , or his friends to help him . no man is too great for the law ; such fellows must be made examples of , that swear thorow-stitch , and become false witnesses , to get naboth's vineyard from him ; when it can be done no other way , must it be done by a single son of belial ? naboth had yet the honour to fall by two sons of belial ; hard case ! must the defendant be ruin'd by one alone , and such an one , and one so infamous ? nay , there was not only two against naboth , but also there was not six positive witnesses for him , as there was for this defendant , to swear positively that they were in company all the time , and heard all the words , which were not so , but so , and so . and lastly , were this little-blade of fortune rectus in curiâ , nor had any design upon the defendant's vineyard , and never so honest , yet it is against positive scripture , and god's holy word , for the jury to bring in a verdict ( thereupon ) against the defendant , ( as the defendant well told them ) because against an elder an accusation ought not to be received , but at the mouth of two or three witnesses : and neither common-law , statute-law , civil-law , canon-law , no , nor the bishop ( of rome ) himself can give the jury a dispensation against god's holy word ; and that they will find one day for so wilful a sin , and so fairly forewarn'd thereof by the defendant . — god forgive them ! it is ill for men ( that are but worms-meat ) to sin wilfully , and in defiance of the holy will and word of their creator . in the interim , — tho the sabeans and caldeans ruin'd job , yet they were but instruments ( the defendant sees the finger of god therein , and says with job , ) the lord hath taken away , blessed be the name of the lord. the world shall find in this world god's righteous justice , ( that 's my faith ) and in this case particularly , wherein god's truth is concerned against the cruelties , oppressions , and apparent , bold , and impudent extortions , and illegal fees of the ecclesiastical fellows , so unanswerably revealed by the defendant , in relief of the kings subjects , who are in behalf of their souls , ( plagu'd with their anathema's and excommunications ) in behalf of their bodies , ( hurried afterward to jails ) in behalf of their purses , liberties , and estates , so mangled by this nest ( at doctors-commons , and all the kingdom over ) by birds of the same feather , that no wonder they flock together to ruine the man that will be the ruine of their wicked trade ; and all the powers on earth will not long uphold them , to live thus as they do , in publick and daily defiance of the king's laws , in oppressions , illegal fees , and extortions , in open contempt of the many statutes made against them , and now in force , if any be in force ; surely they are as much in force , as that of rich. . about scandal . magnat . made when the prelates ( popish prelates ) were rampant , alas ! alas ! too rampant ; both laymen and clergy-men ( little clergy-men ) were more afraid of them than of serpents , toads , tygers , or wolves ; and well they might , for those venemous creatures , and ravenous brutes , were less dangerous , less mischievous , and less fierce and cruel , than those prelates , when they got a man at advantage . do you mark me ? i say , those prelates , — do not catch , mind the colloquium ( before-going ) of popish prelates , ( we are speaking of ) popish prelates , that were more mischievous , more inexorable , and hard-hearted , than snakes , tygers , bears , dogs , or wolves , or any other persecuting worry-sheep , or cruel blood-hounds . and yet those ( mind what i say ) popish prelates , with all their suspensions , curses , anathema's , and excommunications , and such kind of thunder , were esteemed by wise men , even in these days ( saving your presence , — sir-reverence ) a meer crack-fart . pope paul the third excommunicated our king henry the eighth , with such a pope's bull , that ( the historian says ) the like was never known before nor since . no wonder he bellow'd and roar'd so , ( for take a greedy ecclesiastick by the pocket , and hinder his cheat and extortions , ( as hen. . did ) and you make him roar and bellow like mad , as if you had got his hearts-blood , and all the joy and heaven some seem to aim at if we may judg the trees by their fruit ) no wonder they drew their spiritual weapons , and fling about curses , anathema's , silencings , suspensions , and grow blacker with haunting so many jaylors , jayles , bum's , promoters , hang-men , as did pope paul the third . and notwithstanding all this thundering ecclesiastical blast , and foisty grepitus , the emperor charles the th , and francis the first , the french king , ( two of the greatest christian princes then in the world , or that ever were in the world , ) and many more popish ( nay , italian ) princes and republicks ( whilst hen. . stood excommunicated by the pope ) did confirm their leagues , and entred upon new treaties and confederations with him . but i hear that some-body ( i 'le name no-body ) is mightily concern'd , saying , that the defendant's own witnesses proved the greatest scandalum magnatum against him , in words that all of them unanimously swore , namely , — that the defendant said at the same parish-meeting , ( only they are not , nor could not well be laid in the declaration ) namely , — that the bishop of london is not infallible , and the pope is not infallible . but for that , or any thing else sworn by the defendant's witnesses concerning any such scandalous words , the defendant told the plantiff's counsel , that if they were aggriev'd , they had their liberty to bring another action of scandalum magnatum , if they had not enough of this : and perhaps they will think they have enough of such promotions in time , when they have leisure ( without being drunk with passion , and a little over-seen in malice , and will take time ) to cast up their accounts ; and when they examine what they are out of purse , and what they have lost in the opinion of the world , and are come to themselves , will repent , — too late repent — and if they had repented of their extortions , pride , avarice , and oppressions , all men know that it had been better for them ; but now the more they stir , the more they stink . and if any should be angry at these words , the bishop of london is not infallible , and the pope is not infallible , and bring a new action of scandalum magnatum , or scandal against prelates , let them know , the defendant will not plead ( as now ) non-cul — but justify it by infallible instances . to omit many on this side the water , and all the great abominations of rome , i 'le instance in one particular , wherein all the papists shall take my part ( here 's a wonder and a miracle ! a true one ) against the pope himself , namely , pope innocentius , ( in his epistles ) asserting ( as also did st. austin ) that the lord's supper was equally necessary for children's salvation , and to be received as much and as necessarily as baptism it self . therefore popes have erred , ( in the opinion of the pope and the papists at this day ) and st. austin hath erred herein ; or else the papists and church of england err in holding the contrary , jointly against st. austin in the point . and if it were not that this trial gives me occasion to observe to the reader these useful hints , and lucky hits , i should ( as the reader well may ) be by this time quite weary of it : and also it is resolv'd they shall have their belly-full of mr. hickeringill , till they be glutted , and confess , for all their gaping so greedily with open mouth , and teeth , and fangs , to devour him , and swallow him up quick , in time they 'le shut their mouth , and acknowledg , that they have enough of him in all conscience . nor will he leave them , nor go ( as he hears they design ) beyond sea , a little governor in carolina , &c. no , he has more work first to do in his native soil ; they shall not be so rid of him , nor yet get one farthing of the l , except they can catch it , and they must be very cunning if they can ; perhaps they may ( as they have hitherto ) throw a great deal of gare and pains , trouble and vexation , and good money after bad . malice is like its father , namely , tho it go up and down , seeking whom it may devour , yet ( like the devil also ) it is never weary of mischief , as long as there is any glimpse of hopes to compass it , and accomplish it : though a worse hell upon earth , nor greater torment can befall them , than to go on , ( as they are willing and eager enough without bidding , and to ) proceed — halloo ! thus have i done at present with this mighty scandalum magnatum , and the defendant's adversaries have done too , and gone as far as they can ; that is , to make him retire , and give him leisure to observe their motions , and descant upon them ; that 's the worst , and they have done their worst . but out of the eater shall come forth meat , and out of the strong , sweetness . and really i do not think that mr. hickeringill has so much as a displeasing thought , or rising of heart , against this providence of god : for it is god's doings , in the secret methods of his divine wisdom ; and he best knows , by the seeming-cross-motions , ( as in the wheels of a watch or clock ) how to carry on the maker's design , which puzzles none but the ignorant and short-sighted . david — speaks experimentally ; i have been young , and now am old , yet have i not seen the righteous forsaken , nor his seed begging bread. who would have thought that joseph's imprisonment should be the shortest and nearest way to advance himself , and preserve the life of the people of god ? who would have thought , when job was on the dunghil , that his latter end should doubly transcend his beginning ? therefore let us say and pray — thy will be done in earth as it is in heaven . naked came i out of my mothers womb , and naked shall i return thither : the lord gave , and the lord hath taken away , ( and yet the cruel sabaeans , and the ravenous chaldeans , were the tools and instruments of the rapine ) blessed be the name of the lord. in all this job sinned not , nor charged god foolishly . job . , . nay , in a greater tryal of his patience than this , ( namely , the upbraiding and curtain lecture of his scolding and discontented wife ) he kept his ground , and retain'd his integrity , and the resignation of his own will , to the will of his creator ; for in all this did not job sin with his lips. job . , . no man can blame the defendant ( notwithstanding ) that he did so lustily and copiously defend himself , in shewing , to the utmost , the vanity of that futile contrivance against him , from such slender words , and so slenderly , all grounded upon an old statute made upon popish prelacy , were rampant , and were willing to shelter themselves by force of statute-law , ( which they could and did make , when and as they list ) to fence against the just reproof of all good men , ready to open at them , if their mouths had not thus been stop'd ; yet the house of commons ( notwithstanding ) were not afraid afterwards , . r. . to complain against them , in the name of the commons of england , and to perswade the king not to disoblige his people , for the sake of a few court-prelats . but do you think that that unthinking king would hear them ? and did not he lose their hearts thereby ? and did they not all join with an vsurper against him , that had no title to the crown , nor a thousand men ( at first ) when he landed . one says well , lege historiam , ne sias historia : let us observe the history of times past , lest our inconsiderate actions fill the chronicles of times to come . let us remember rehoboam , and richard — d . i dare say , the defendant does not so much as in a wish regret what 's past , for all things shall work together for good , &c. 't is only short-sightedness , and want of faith in god , that makes men stag and despond : nay , no good thing will he with-hold from them that ( desire to ) walk uprightly . and what unrighteousness has the malice of the adversary been able to prove against mr. hickeringill ; and yet there are man-catchers enough that have perverted his words , which were but due and just reproofs against a wicked , foolish , and perverse generation . the defendant has cause ( if any other have more cause ) to say , with holy david , psal . . , . my soul is among lions ; and i lie even among them that are set on fire ; and the sons of men that are set on fire , whose teeth are spears and arrows , and their tongue a sharp sword : they have prepared a net for my steps , my soul is bowed down : they have digged a pit before me , in the midst whereof they are fallen themselves . god shall send from heaven , and save me from the reproach of him that would swallow me up . he travaileth with iniquity , and hath conceived mischief , and brought falshood . hide me secretly , in thy pavilion , from the strife of tongues , until this tyranny be overpast . my enemies ( in the hebrew man-catchers ) would daily swallow me up , for they be many that fight against me , oh ! thou most high. every day they wrest my words , all their thoughts are against me for evil , yet have i not refrained to declare thy truth to the great congregation : and therefore they gather themselves together , they hide themselves ; they mark my steps , when they wait for my soul. psal . . , , , , , , . many bulls have compassed me ; strong bulls of bashan have beset me round . they gaped upon me with their mouths ; yea , the very abjects gathered themselves against me , making mouths at me , and ceased not . for dogs have compassed me ; the assembly of the wicked have inclosed me . deliver my soul from the sword ; my darling from the power of the dog. save me from the lion's mouth ; and then , i will declare thy name unto my brethren : in the midst of the congregation i will praise thee . psal . . , , , , , . shall they escape by iniquity ? in thine anger cast down the people , oh god. thou tellest my wandrings , put thou my tears into thy bottle : are they not in thy book ? when i cry unto thee , then shall mine enemies turn back : this i know , for god is for me . what time i am afraid , i will trust in thee . in god will i praise his word ; in the lord will i praise his word . in god have i put my trust , i will not fear what man can do unto me . psal . . . in the shadow of thy wings will i make my refuge , until these calamities be overpast . psal . . , , , , , . break their teeth , o god , in their mouths , &c. the righteous shall rejoice when he seeth the vengeance ; he shall wash his feet in the blood of the wicked ; so that a man shall say , verily there is a reward for the righteous ; verily there is a god that judgeth in the earth . but of all the whole book of psalms , there is not one psalm better suits his condition , or administers more comfort , than every verse of psal . . it was when david hid himself , and play'd bo-peep , sam. . , . in the wilderness of ziph , in a wood. he fled not from goliah , when hand to hand , but he would not contend with the power of the king ; and yet he did study self-preservation ( who can blame him ? ) against combin'd malice . and wherefore were david's enemies so malicious ? not for any fault of mine , ( he saith , psal . . , . ) for , loe , they lie in wait for my soul , the mighty are gathered together against me , not for my transgression , nor for my sin , o lord ! for they compassed him about with words of hatred , and fought against him , psal . . . without a cause . yet , though they compassed him about , yea , they compassed him about , ( yet , he had faith to say , psal . . , . that though they compassed him about like bees , ( stinging , stingy , and in swarms ) yet ( in faith ) he said , in the name of the lord i will destroy them . ay , but when ? might some say to david — when ? can you tell us that ? for to a carnal eye there was little probability of it . nay , in the very next onset , psal . . . thou hast ( saith he ) thrust sore at me that i might fall , but the lord helped me . that whole psalm , is spoken of christ and his kingdom , under the type of david , and his sufferings — typified , and his resurrection and ascension , by david's victory at length ; then god had delivered him from the hands of all his enemies , ( it was long first ) ( he was glad to fly for it first ) and from the hand of saul . but at length , vers . . of that psalm , the stone which the builders refused , ( typified of christ , and verified also in david ) the same is become the head of the corner : this is the lord 's doing , and it is marvellous in our eyes . in mr. hickeringill's retirement , his muse ( the heavenly and only companion of his solitude ) compos'd this psalm ( an infallible antidote ( if sanctified ) against all discontent , ( the common plague of mankind ) sorrows , and fears ; and which for that purpose he sent ( since his fiery-tryal ) to his most dearly beloved wife , to confirm her , ( not to bishop her ) but to strengthen her against the bishop's promotions and suits ; which for the publick-good , or common-weal , i here publish , viz. that which disquiets most poor mortals here , is not the pains they feel , but what they fear : and what we fear ; either — it will not come ; or else — sooner may come our fatal doom , and free us , lodging us in our long-home , where neither bishops nor his clerks will come to wrack us any more . then do not whine , the present good or ill ( alone ) is thine ; but — what 's i' th' depth of future times — can'st tell ? thou fool ! for thou the morrow know'st not well ; nor where thou shal't to morrow be ; nor tell whether on earth , ( thou'lt be ) in heaven , or hell. let fools and knaves then for the morrow pine , and fear they know not what , nor can divine : and let the morrow for its self take care : sufficient for the day its evils are . but enough of this , ( at present , at least ) let us in the next place consider the doughty articles , ( sworn by six doctor's-commons reverend fellows , called proctors ; on which was bottom'd , and founded , a supplicavit ) namely ; articles of the good behaviour , exhibited in the court of our lord the king , before the king , at westminster , against edmond hickeringill , rector of all-saints in colchester in the county of essex , clerk , for several misdemeanours by him committed . imprimis . that in trinity term last , articles were exhibited against the said edmund hickeringill , in the arches court of canterbury , for clandestine marriages at the promotion of henry lord bishop of london , of which high crimes he still 〈…〉 and he said edmund hickeringill , did several court days make his 〈…〉 said court , and behaved himself irreverently , and did affront 〈…〉 said court , and more particularly th of jan. anno vicessimo tertio of 〈◊〉 king , did again make his appearance in the said court then held in the common ●● all of doctors-commons london , by sir richard lloyd knight , doctor of laws , then sitting judicially in the said court , with many persons along with him , or following him to the number of thirty , or twenty persons as they do verily believe . tho. tillot , tho smith , jur. ad predict primum articulum tho. tyllet . & tho. smith in cur . die predict . hillar . anno xxxiii o coram codem rege . . item . that the said edmund hickeringill did on the said twentieth of january , then and there behave himself in the court of arches then sitting , as aforesaid , very indecently and insolently to the court , keeping his hat on , tho by the judg of the same court several times monished to the contrary ; and then the officer of the said court by the judg his command taking off his hat , he put it on again in a contemptuous manner . tho. tyllot . tho. smith , cha. tuckyr , jur. ad predict . secundum articulum tho. tyllet , tho. smith & carolus tuckyr , in cur . die & anno supradict . . item , the said edmund hickeringill , then very sawcily and impudently declaring to the judg of the said court of arches , that if the arch-bishop himself was there he would not stand uncovered : jo. miller , tho. stoker , char. turkry , jur. id predict . tertium articulum johannes miller , tho. stokes & carolus tucker in cur . die & anno supradict . . item , that the said edmund hickeringill in the open court there , among other opprobious and abusive language then used by him to the court , said it was no court by law , and that they had no power to call him before them ; and that perhaps the court of arches might do him a mischief , but that they never had done any good , or he used words to that effect : tho. stoker , john coker , jurad predict . quartum articulum , tho. stokes & johannes coker , in cur . die & anno supradict . . item , that the said edmund hickeringill did then in a moct opprobrious manner , tell the judg of the said court , that toads had poison in them , but had an antidote also ; that vipers had poison in them , but their flesh was an extraordinary medicine , or to that effect ; and that every the vilest or worst of god's creatures had something of good in it , saving , that court , which he then said never did any good , nor ever would , or to that effect , and that the persons , or many of them that came into the said court of arches with the said edmund hickeringill , laughed aloud at what the said hickeringill said , and followed him out of the said court with great noise , and laughed to the great disturbance of the said court : tho. smith , john coker , jur. ad predict , quintum articulum , tho. smith , & johannes coker , in cur . die & anno supradict . in banco regis westminster , dominus rex versus edmund hickeringill clericum . jeremy ives cheesmonger and citizen of london , joseph ashhurst draper and citizen of london , and samuel wells mercer and citizen of london , do depose as followeth , viz. that on the twentieth day of january , in the three and thirtieth year of this king , these deponents were personally present in the court ( commonly ) called the arches , held in doctors-commons london , when mr. edmund hickeringill , rector of the rectory of all saints in colchester , made his appearance there ; and heard the whole discourse , and saw the actions and demeanours that passed betwixt sir richard lloyd official there , and the said mr. hickeringill during his stay there ; and that the said sir richard commanded the said mr. hickeringill to put off his hat , which he refused to do ; whereupon the said sir richard commanded an officer to take off mr. hickeringill's hat ; which he delayed to do , saying he was afraid that mr. hickeringill would have an action against him for so doing ; but the said sir richard again and again encouraging him , at length he pull'd off mr. hickeringill's hat two or three times , the said mr. hickeringill putting it on so often as his hat was return'd to him , mildly telling the said sir richard at the same time , that it was not pride , insolence , nor any design to affront them , that made him then to be covered , but a sence of his duty , except they would own their court to be the king's court , and that they sate there by the king's authority and commission , and consequently would make out their citations , acts , and processes in the name and stile of the king according to the statute ; and that then ( but not till then ) no man should pay them more reverence and respect than he : but the said official not asserting their court to be the king's court , and as aforesaid to be kept in the king's name and stile ; and by his authority , mr. hickeringill would not be uncovered , saying , that it was against the oath of canonical obedience , against the oath of supremacy , against the canons and the statutes , to own any court ecclesiastical , but what sate by the king's authority and commission , and acted in the name and stile of the king : and if that court of arches was only the arch-bishop's court , he the said mr. hickeringill durst not , nor would he be uncovered before the arch-bishop himself if he were present ; because it is contrary to their own canon-law and the oath of canonical obedience , for a presbyter to stand bare-headed in presence of any bishop : or , he used words to the like effect ; saying , that if they could argue his hat off his head by statute-law , canon law , civil-law , or common-law , it should be at their service , and he would stand bare-headed before them ; or , he used words to the like effect . and the said mr. hickeringill during his whole stay there , used no other actions , nor speeches that might give just offence ; unless the said sir richard took offence , when he at the same time said , that every creature that god made was good , and had some good in it ; that a pearl was sometimes found in the head of a toad , and the toads flesh is an antidote against its own venom ; and the best cordial and venice-treacle is made of the flesh of the most poysonful , and italian vipers . but ( said mr. hickeringill ) the mischiefs , extortions , and oppressions of the king's subjects are apparent and many , and great , and daily committed by you in defiance of the statutes : but show but one good you do , or have done in the memory of man , or that any chronicle , or history mentions to be done by any ecclesiastical court , and then i may acknowledg your ecclesiastical fabrick to be of god's making ; or he used words to the like effect . jur ' octav . die febr. anno r. r. caroli secundi , &c. tricessimo quarto coram . w. dolben . jer. ives . jos . ashhurst . samuel wells . let all unbyass'd men , and honest citizens ( who know these gentlemen , know their quality , their good reputation ) whether it be more probable that they , who have no livelihood at stake , ( by such affidavits to win , or lose , or wreck their malice and spleen ) men of conscience and honour should attest the truth , of matter of fact , the truth whereof above twenty more substantial citizens can ( and are ready ) if needful to attest : or , six proctors of doctors commons , whose constant use , or rather , abuse , is to cheat and oppress , by injuries and extortions in illegal fees , and contrary to law. and whether they are not likely to have impudence enough to wrest a mans words to a contrary sence , and the worst sence , when they have impudence enough to commit daily such said extortions and oppressions in illegal feein defiance of the statutes of this realm . nay , how little they regard the statute of and edward the . and th . made against buying of places and offices , shall in good time be made more apparent . yet , nothing would serve sir francis pemberton chief justice , and mr. justice jones , &c. but mr. hickeringhil must find bayl , or go to jayl ; nor would they suffer any affidavit to be read in mr. hickeringhill's behalf , the chief justice absolutely refusing it , and saying , i will hear nothing in your defence , but — find bayl or i 'll commit you ; or words spoke to the like effect . sir francis pemberton had never bin the successor of scroggs , if he had not given good testimony and assurance that he is a wise man , and one that knows his cue : but as wise as he is , it would have been no blemish to his great wisdom to have heard affidavits and pleas in mr. hickeringhil's defence , especially , nothing being attested against him of such pernicious consequence , and that by proctors too , whose malice to the defendant , and inveteracy was so notorious to every man ; it might at least create a jealousie that the articles on which the supplicavit was founded , might possibly be sworn unto out of heat , malice , hatred , rage or revenge ; nay , most notoriously probably it might be so , that 't is a wonder the judges ( to whom god has given two ears , and who are sworn ( in the oath of a judge ) to have no respect of persons in judgment , ( oh dreadful oath ! and that which made judge hales tremble when he thought thereof , though he had less cause than others , so to be afraid , for he made conscience of his oath , and neither the whispers of courtiers nor the kings private letters would he regard in a cause of justice ) 't is a wonder , i say , that since one single word ( added or left out ) might alter the sence and meaning of mens words , they would suffer no testimony to be heard in behalf of the defendant . but against him as many as you please . and it is the harder measure , because it is usual to delay the sending out the writ of supplicavit ( so seldom granted at all ) against any man , especially a man of estate ; till first he be summon'd to shew cause ( if he can ) why such a writ should not be granted , and most especially not accustomed to be so hastily granted against a divine , and also a man of known and visible estate , from which there was no fear he should fly for the penalty of pound , and all for words too that are not worth a louse , if they had been spoken as the proctors swore them . but , if they were spoken to the same effect , that the other gentlemen and citizens have attested upon oath , and the same that several citizens and gentlemen ( then and there present ) can also attest , then the words are not so much as sawcy , but may safely be spoken in ( and to ) any lawful court in westminster-hall , upon occasion . much more , in and to a court , which , whether it be a lawful court is out of question , if the statute . edward . be in force , ( which no judge yet ever did take upon him in westminster-hall to declare to be repealed , for judges are but to declare the law , not , to make laws , nor repeal them , that is the work of a higher power . ) and if that statute be repealed , 't is strange , that sir francis pemberton should so urge that statute ( as aforesaid ) to sir william scroggs , so lately upon the bench , and he then at the bar , during the sessions of the last parliament at westminster , sir francis saying , — that he fore bore to urge it warmly , because he suppos'd that his lordship was not prepared at that time to give that statute an answer : or words to the like effect . which if he did say , openly at the kings-bench bar , or words to the like effect , then it is beyond all contradiction , that sir francis pemberton ( whilst at the bar ) did question the legality of their courts ecclesiastical as now managed as well , as much , nay more , and more dangerously to them then mr. hickeringill did . and if it be question'd , whether he did urge the said statute , edw. . . ( as aforesaid ) for his client mr. weild of much-waltham , the said mr. weild , and also divers others are ready to attest the truth thereof ; if any body dare deny so publick a truth . and let any indifferent , impartial . and unbiast men judge , whether it be not hard measure to be sent to jayl ( or which is as bad , find bail ) and all about the decision of a point of law , so disputable and questionable , that lawyers of known and great worth and learning ( without exception ) as any other , has urged that statute so lately in westminster-hall , and confessed , that he thought the chief justice was not then prepared to give it an answer ; i wonder what answer sir francis pemberton will give it now he is chief-justice ; it may very probably , nay ought before him to come in question , when so many of the kings subjects are excommunicated in those ecclesiastical courts , and forty days after its publication , sent to jayle , for if that statute be in force , the ecclesiastical fellows are guilty of a premunire , nay worse , nor can scarcely any name or punishment be great enough for them ; or bad enough . but , since the said chief justice said he would hear no plea's in the defendants defence , nor suffer any affidavits to be read or heard in his defence — god help to divert the reader , i 'le here make bold with a friend ; and reprint the last verses of the late new satyr ( call'd the mushroom ) in the post-script thereof , namely — to serve a turn ( of state ) a renegade , ( that has his conscience , god and king betrayd ) sometimes a base interpreter is made , though he an atheist be in masquerade ; and in rich robes ( through villany ) array'd : yet , this apostacy who dare upbraid ? the villian struts it , and seems not afraid : suborners tho' are shown in cavilcade ; to publick-wrath may liable be made : oh! then the villain will for all be payd ; then where 's your gay-apostate renegade . i have heard of a certain prince ( not in utopia , but in europe ) that said , so long as i can make bishops and judges , whom i list , i 'le have what religion and what law , i list . if , he had also said , and what juries , i list , nay , essex-juries , if i list , he had nickt the business ; and instead of saying our goods , our estates , our lives , our wives , our children , our lands and liberties are our own , it would be questionable , whether we might say , our souls are our own ; but ( worse than the tantivee-preacher , for he only said ) caesar shall have your goods , your bodies , your lands , your children and your wives , &c. caesar shall have all , all is caesars , on the outside of your souls , — but they belong to god , god shall have your souls — and if he would make his word good , we would clap up the bargain , immediately , and upon that condition , that he will make it good , that god shall have our souls , — let caesar take our wives , our lands , our children , our bodies , nay , our lives ; ( and the sooner the better ) we shall not grutch the exchange . but hard , very hard is mr. hickeringill's case , with these ecclesiastical fellows , who are either very ignorant , or very impudent thus boldly and daringly to confront the kings laws , and shall fare better in westminster-hall , then the man that reproves them , yet how industriously has our wise ancestors fenc't against these plagues ( of mankind ) promoters ? turbidum hominum genus , as coke calls them , instit . l. cap. . . eliz. . — . eliz. . jac. . in which last about old obsolete statutes ( snares with which promoters catcht men ) were at once repealed ; and yet says coke , notwithstanding all these statutes against promoters — four mischiefs still remain'd , i could have told him one more — that makes five mischiefs : but . jac. . did some good against this sort of cattle , who under the reverend mantle of law and justice instituted for protection of the innocent , and the good of the commonwealth ( t is cokes own words , inst . l. . c. . ) did vex and depauperize the subject ( will men never take warning ? ) and commonly the poorer sort , for malice ( mark that ) or private ends , and never for love of justice . shall honesty and ingenuity always be out of fashion , and under the hatches , and vile tims-serving slaves ( against their own consciences slaves ) always keep above deck ? where do we live ? that pimping , bawdy , scurrilous poetasters shall impunè libel the honourable peers and patriots of the kingdom , and the most glorious city in the universe ? and as that bold , daring and impudent hackney-muse ( in his late satyr ) like a judge arraigns , cundemns and deprives them of their priviledges and immunities ( to his utmost ) granted and confirmed by so many kings and parliaments , through feign'd suggestions of his own — for thus he rhymes — customes to steal is such a trivial thing , that 't is their charter to defraud their king : all hands unite of every jarving sect , they cheat the country first , and then infect . they for gods cause , their monarchs dare dethrone . our sacriligious sects their guides outgo , and kings and kingly power would overthrow . what 's this but to be a make-bate ? what 's this but to hang men up in effigie , for fancies of his own making ? what ? must we still down of our knees and beg pardon , and another act of indempnity from every rascally pamphleteer , and beggarly hirelings , that would fain make our wounds bleed afresh , would gladly trouble the waters that are quiet , in hopes of good fishing , to make up their hungry mouths , and greedy mawes ? any thing , any method to make the world believe that the citys charter is already forfeited , or , deserves so to be : and then — money — more money — and put it where ? in a bottomless bagg that will hold none ; you may as well fill a sive with water — as make debaucht torys rich , whose lusts would beggar , exhaust and consume the indies . is libels the way then ? nay , to libel the most loyal , best disciplin'd , best govern'd , best built , most glorious , most sober , most potent , most rich , and most populous city of the world ? and this — by every sneaking , rascally , dull , and insipid rhithmer and pamphleteer ; the world is at a fine-pass , when instead of bringing buckets to allay , and quence every vile incendiary , throws weekly sire-balls to kindle ( if possible ) our heats into a flame ? and instead of curing our distempers and wounds , or of endeavours to heal our breaches , must men be countenanced to make them rancor more ? is that the way ? as if they studied ( like some arithmaticians ) by the rule of false positions , to gain a conclusion they most wish for , and most especially ayme at ; namely , substraction and division ; but , he that sits in the heavens has hitherto laught them to scorn , and hath discovered their sham's , and has had their fallcies in derision . the hire of these pampleteers may prove ( one day ) to be ( as tory hilanders call their booty ) black-meal ( mock not ) when the mosse-trooping trade breaks them or their necks . search histories , consult the past-times , and then tell me , if there can be worse fools in nature then some that call themselves polititians ? how have they been bassled , disappointed and beloved with their own politick , wyles , shams , and gimcracks ? or could have devised a shorter cut , or a neerer way to stop their own wind-pipes , and ruine themselve , and their posteries ? except they should have made a noose of their own bedcords ; and yet ( like rogues that are branded ) might safely swear that they had got the law in their own hands : ( more shame for the branded rogues , to glory in that that is their shame , as well as bane . but , these are sad and melancholy contemplations , and therefore to recreate the reader , i 'le relate a foolish story , or a slory of a fool a country - bumpkin , who having been at london , at his return home his inquisitive neighbours ask't him what news at london ? news ? ( quoth hob ) i know none but that they say sir francis pemberton is made lord chief justice scroggs : scroggs ? with a murrain , cryes the neighbours , thou talks like a fool : ( or whether he was party per pale , as much knave as fool , some questioned ) if he had said — sir francis pemberton had been made lord chief-justice hales — the wonder had been the greater ; and the non-sense not more unwelcome ; scroggs ? ( quoth a ) a likely business ; scroggs ? and be naught ( to him ) this 't is to want good breeding : scroggs and be hang'd ( to him ) for a silly villian ? scroggs ( quoth a ) that was discarded or discharged honourably : scroggs that was questioned for as much as his life was worth in parliament ? scroggs ? ( quoth a ) a rascally knave or fool ( i 'le warrant him ) to talk such non-sense ; does not the fool deserve to have a writ of supplicavit sent after him to bind him to the good behaviour ? but i know not how to finish these observations , till i have cast away one look more upon another — ne're be good — heraclitus , who sayes this week , numb . . march. . . where speaking of hick — ( as in good manners the blade is pleas'd ( in familiar-wise ) to stile the gentleman he never saw ; at least , never beg'd his leave ( thus ) to clip or new coyn his name , ) in these words — ay cry they , this is brave , that a man must pay but a shilling that takes the lords name in vain , but if he do but abuse a bishop a little , he shall pay l . and yet 't is said hick — ( again ) himself so pleaded his own cause , but i doubt he finds a great deal of truth in that forreign proverb — the asse — ( it 's well 't is no worse ) that supposes himself a stag ( taking his eares ( i suppose ) for hornes ) does find , that he is deceived when he is to leap over a ditch . formerly , they gave him hard-names , such as knave , rascal , convicted of perjury , the great soribler of the nation ( mock not ) and now in all hast they make an ass of him ; this is language most suitable to such mens genius and way of writings , ( which slanders in time they may repent ; ) but as for his being an ass , is it not too true ? for who but an ass would write or speak so much plain and naked truth in a dissembling , hypocritical and lying age ? who but an ass would discover the extortions and oppresitions wherewith the ecclesiastical fellows load the kings subjects , and in hope to ease their shoulders , be burthen'd 'till his back crack with actions upon actions , promotions , informations , supplicavit's , declarations , articles , verdicts , libels , suspensions , excommunications , power and interest ? nor would the late essex-jury have so unmercifully heaped such a heavy load upon him , but they took him for an ass ; l. why , if a minister live the days of methusalem it is not to be collected in easter-offerings . l. is a horse-load they say ; if so , then l. is too much in all conscience to put upon an asses back . oh! but it is charitably designd for the building of pauls : if it be ; yet the work of building cathedrals of stone upon the ruines of temples of bone , or living-temples , or ( as was said before ) to rob peter to pay paul ; can never be pleasing to almighty god. and thus the hypocritical pharisees , for fear their hard hearted ness should be condemn'd by all , for suffering their parents to starve , they made an anathema of the goods they should have had for such relief , calling it corban , dedicating it to the church , and the pious deodand devouerd their charity . thus making charity ( without which all religien is a cheat and a bawble ) to give place to a foolish and hypocritical , as well as impious devotion . for my part i wish mr. hickeringil was not so overburthen'd , and made an ass of ; because of such back-burthens of afflictions the apostle paul confesses — we are fools for christ's sake , and truth 's sake . and then however , since stultorum plena sunt omnia , since folly is so endemical a disease and universal , in my judgment it is as good to be a fool for christ's sake and for truths sake , as to be ( like the weekly news-monger , and rayling pamphleteer ) a fool for the devils sake , or for the lyes sake ; besides the comfort of a good conscience , and a sound mind attends innocence in the streights-mouth — for a great soul ( like heaven ) is seated high , and like olympick-top doth quiet lye the middle-region-storms come not her nigh ; so ne're to heaven she seems to mate the skye , and with top-gallant brave the galaxye . god almighty always by some providence either takes off the load , or ( which is all one ) strengthens the back of all that trust in him ; yet this does not at all excuse the malice , the injustice , & the cruelty of men . which brings to my mind a most excellent copy of verses made by the ingenuous mr. john butler of crouchet-friars london , and by him presented to mr. hickeringil on the occasion of his sufferings , but dedicated . to the master , wardens , and assistants of the trinity-house , upon that stately useful light-house built upon st. agnes , to discover those dangerous rocks called the bishop and his clerks . afisherman whose nets were torn by stormy tempests , and by sherks , at last near to the rocks were born called the bishop and his clerks . but who those names did give , and why ? are problems none resolved have ; but this is sure , what ships do try their strength against them , find a grave . witness bows rent , sides torn , ' backs broak of many ships that prov'd a wrack , though made of iron , and of oak , did by these rocks asunder crack . are neptunes clerks , and bishops such no mercy from them can be found , as whosoever doth but touch upon them , sinks unto the ground ? or were the flamens in the time of pagan-worship so renownd for cruelties ? was it their crime , and only theirs ? and not since found ? or did the bishops who did come in place , when these were dead , and gone , retain their cruelty ( to doom men unto ruine , ) that not one . who touch't upon them could evade their anger , fury , and their rage , as if to sink men were their trade which they did use from age to age , or did some satyrs who had sinn'd and by the bishops sentenc't were in linnen white up to be pinnd , to give these names together swear ? or did the gondeliers who see romes bishop with insulting feet tread on great fredricks neck , that he in venice city shame might meet ? for which th' old doge doth every year with madam adriattique , make a marriage . and they tell you there , that for her lord she doth him take . or was it they that did behold henry the fourth , to seek the grace , on his bare feet in winter cold of that proud pope who hid his face in miss matildas-lap , till she did rub his ears , and him awake , that so poor henry being free , he other measures then might take ? or was 't tom becket in a huff , with his most right and lawful king , from whose posteriors came a puff , that him upon his knees did bring after he sainted was for treason ; yet then the king unto his shrine did barefoot go , against all reason , and scourged was by filthy swine . the monks which in that cloyster dwelt such great disgrace in days of yore , the greatest princes oft have felt . by prelates ; may they never more . it may be this , or that , or t' other gave the first rise unto the name , and cruelties they could not smother , did afterward confirm the same . but that these rocks no longer may be unto seamen cause of danger , this light-house now will shew the way which may secure any stranger . it was your wisdom and your care , this rare contrivance to invent , no pains , no charges you did spare our dangers that you might prevent . old strombolo that burns , to light seamen unto messinas phare , with agnes flames that shine so bright , for usefulness cannot compare . that future ages will record , who did this stately fabrick raise ; and to your glory tell abroad this deed to your immortal praise . come fellow seamen 't is the night we use clean linnen to put on , he'rs to our wives ; it is a right them once a week to think upon , the bishops and his clerks no more shall shipwrack bring as in late years , and as they us'd to do of yore , now the light-house of naked-truth appeares . men love darkness rather then light , because their deeds were evil . for every one that doeth evil hateth the light , neither cometh he to the light lest his deeds should be discovered : but he that doth truth cometh to the light , that his deeds may be made manifest that they are wrought in god , jo. . , , . by their fruits you shall know them ; if they be mischievous , and bring forth nothing but sharp pricks , then they are briers , and thisles , and thorns , and nigh unto a curse , whose end is to be burned . — they loved cursing and anathema's so let it come unto them , saith holy david . any sober-man would think that a reasonable man might well enough be contented ( if he were not very ignorant and very impudent ) to enjoy quietly , the pleasures , the riches , the honours , the grandieur and the pomp that now ( attends bishops ) of so cheap ( too ) and easy acquest or purchase ; and stately and prince-like , as may be temporal and wicked lay-princes of the gentiles — — nay , as many the princes and peers of the nation ( who by inheritance come by the same ) and rights to which by gods providence , nature , and birth they are born unto ; nay , in their city houses for ease , their country houses for delight , far transcending the most peers of the realm ; one would think ( i say ) such bishops , after so full a meal , might say grace . and bless god for his goodnss to them , and never disturb themselves , nor the neigbourhood , with being promoters , inventers , action-drivers , exacters of penalties and utmost rigour of old statutes , for which crimes empson and dudley were hanged . what an odd sight it is to see lawn-sleves , surrounded with procters and jaylors , and apparitors , and promoters , and serjants and bayliffs , affidavit men , and hung about with articles , writs , labels , and libels , declarations , informations , indictments ? and then proctors and a little black-coat at his elbow ( hungry for a living ) and ready to swear through-stich , when his own interest , and the favour of a bishop is in the case ? what wanton pride as well as cruelty and hard heartedness to delight in visitations , vexations , when he might well enough content himself ( one would think ) with his exceeding many flocks and herds ( which the piety and charity of our devout ancestors , and the cunning and avarice of others , has monopoliz'd to them , leaving the poor ( now ) quite out of their ( old and primitive ) share thereof and good right unto ' ; ) without the wanton boulimy and greedy appetite after his neighbours little ewe-lamb , and all the substance and subsistence of a man and his house , no though he should pretend to dedicate his neighbours little ewe-lamb to god , as a sacrifice , or an anathema , or a corban , by grand hypocrisy ; as if god almighty did not hate robbery much more cruelty ( under colour , and by the help of summum jus , or the rigour of law ) for a burnt offring ? and if no less will serve the bishop of london's charity , then to give l . towards the building of pauls , it is more honour to take it out of his own numerous flocks and herds ( which once the poor had as much title unto , as the rich prelate , before avarice and pride came in fashion-ecclesiastical ) and not go to rob the spittle for a deodand and by force or rigour of law. i have known a gentleman , that had one odd humour and you will say , it was a very ill humour ; that after dinner when his belly was , full of good victuals , and wine , and strong drink ; the fop grew so wanton , and the ape wasso mischievously gamesy , and with good chear half drunk , or so half-tipsey , that he so far forgot himself , that instead of saying grace , he would be pinching and nipping those that sat nigh , or within his reach , especially ( if he had any old pique against them ) he would nip and pinch , 'till he made all black and blew , or left the print of his nayles in their flesh ; ecce signum : i 'le conclude this essay , with an epitome of the most considerable parts and passages in this long book ) that has swelled beyond the primitive intention ) and will best serve those ( that will not find leisure to read the whole ) in this following-letter , long yet most compendious , most emphatical , most humble , and most submissive letter , writ by mr. hickeringil himself , verbatim , to the right reverend henry lord bishop of london , at london-howse . my lord , so little success has attended all my former addresses that i am almost hopeless of this ; but understanding that your lordship expected my application , no deficiency should be on my part . though i must confess , that had it not been for this worthy gentleman mr. firman , ( the bearer hereof ) i was not readily perswaded to write to you . because you carry my letters to your lawyers for them to pick ' vantages , and accordingly two of my letters to your lordship most disingenuously were read against me at the tryal , but the judg told them they were no proof of your declaration , yet sir francis withins he made mimick and dumb signs to the jury at every word — nay , my very books were brought into court , and sir george jefferyes just such another man ( as the woman said ( that other-hopeful council ) he pointed at my books with his index , as not knowing what to say against them without blushing , ( of which ( yet ) he is not very guilty ) and onely made dumb shows too , which were not capable of answer or vindication , yet were sufficient hints to a willing jury that knew their meaning by their mumping , and their gaping ; and accordingly gave a verdict ( contrary to all mens expectations ) against me , and dammages — l. ( a good round sum , two horse-loads , and therefore would break the back of one horse , no wonder then a single parson should shrink or sink under the unconscionable load . ) yet i understand that this unreasonable verdict is so pleasing to you , that in the jollity of devotion you have made it a deodand ; and intends to dedicate the trophee of your victory towards the building of pauls . if so , i fear your piety is not of the cabal , or cabinet-councel with your charity ; nor will you find that it is pleasing to god to make a man an offender for a word , ( and no such mighty words neither ) if trump had swore true , for the wholly acquitted me of the words in the d. count , and yet they were words of his own making too , of his own single invention , and of his own ordering and marshalling in the declaration , and which no flesh alive heard me speak but himself , as was attested by all the by-standers , that swore not onely negatively against this evidence , but positively and contrarily as the judg declared ; and that they were not so , but so , and so ; as they penn'd them down ( whilst fresh in their memories ) when i was gone , and occasion'd by harris his going into another room by himself , and writing his own man-catching-shams , which he brought to the company to subscribe , which with abhorrence and detestation they all abominated , and both him and his projects , that ( with the help of a pickt , and specially appointed jury ) have been so successful ; and whom you may well thank , or else you had now been in my debt , not i in yours , nor ever was i in your debt nor beholden to you for a courtesy ( the most trivial courtesy ) in my life , which i did not requite ten times over , but mischief you have done not in aboundane , contrary to law . indeed , if you had prov'd your declaration that the words ( first ) were spoken before divers the kings subjects ( nay the words in the last count were not sworn unto by your own implement , ( though he devised them ) but ( by cross and unexpected questions ) he was forc't to swear against your own and his innuendo the popish plot , and also swore , instead , of a damnable plot ( which he swore at first ) dwindled it to a horrid plot ( onely ) against my righteous name and person ; though there he swore falsly , for my words were — against my righteous name and reputation in the barretry , and the very same words i writ to your lordship , and harris also confest there was some pause or comma , but no interlocution or interruption betwixt the word plot — and righteous name — which yet these lawyers would have improv'd , though harris contradicted them therein , and himself also . and as for the other words of ignorance and impudence , you will the rather remit the rashness and severity of the expression , since your injustice in sending that illegal sequestration of the profits of the small tithes of the parish of st. buttolphs , ( to which i was instituted and inducted as rector of all-saints long before you were quartered in colchester with your brother compton's troop . and therefore , if you do me no good , you did ill causelesly to provoke me , and in hopes to do me a mischief ; you did act illegally , and contrary to law. and all this in favour of an infamous creature , that had not the docility and exactness of memory that my parrot has , for if she could not have more perfectly conn'd and repeated the few words in the declaration more exactly and uniformly than he did , and have learn't by heart and off-book in half the time he has had to conne them ( and of his own making too ) i would pluck off her head . and do but think impartially with your self what a disparagement it is to your judgment and skill in men , not onely to prefer to your favour such a creature before me , but in favour of him , to endeavour by an illegal sequestration to wrong me of my right , and so take what is mine and give it to him : you may do lawfully what you will with your own , but what have you to do ( unlawfully ) to take mine from me to give it to him ? a fellow that is not so good as a chip in broth. i never was nor ever will be ambitious of a prelates favour if i can but keep out of their clutches ; and out of harms-way , and keep them from doing me a mischief , it is all the favour i ever expected , or ever will expect from them ; you will not suffer me quietly to keep my rights to which i am lawfully instituted , which wrong of yours has occasion'd all this stir ; thus the original sin is yours , but the punishment thereof is mine ; there is no conscience nor equity for it though ; let me tell you , without incurring your further displeasure , as hitherto i have , because i durst be so bold as a worm , namely to turn again , when trod upon by you , against the law of the land ; and because of saying this truth , and complaining to you for remedy and crying out and groaning , when you press me unmercifully , as well as illegally ; without compassion as well as without law , nay contrary to law , therefore you double my pressures — with — more weight — more weight . — first you torment me 'till i groan , and then you pinch me , ' cause i moan . and all this you know to be true , and yet your heart ( i fear will be ) hardned as much as ever , because i cannot make false submissions , and confessions of faults that were occasioned by your own injustice and causeless revenge , and default , ( to call it no worse ) if such submission or satisfaction as becomes a gentleman , or a christian to pay you , will serve your turn , you shall have them chearfully and readily , but base concessions , against truth and honour , all the prelats in christendom ( united ) shall never extort from me , use what cruelties you please , or shew the world your skill in men , your policy , and solidity of your judgment and discerning , in preferring such a wretch to my estate , whom i doubt not but speedily to convict of perjury , ( notwithstanding all the assistance you can give him ) and make an example of such an episcopal tool , of those ears , that can hear more than all the listening and attentive company ; and yet so silly , that he cannot repeat those short words twice together uniformly ; who was also prov'd infamous , by his endeavour to cheat the earl of lincoln , in hopes of an guinies ; and also by his forswearing himself for the company of a wench , and by being usually a maudlin-drunkard ; and this is your man , ( who you have in your great care of souls , in your judgment and skill , with so much bustle and detriment to the parishioners , preferr'd not only before me , but to my rights in law. well , if nothing but such counsels still please you — then still , go on — and endeavour the ruin of me and mine ; and yet with a corban or anathema , imagine to atone for the unmercifulness ; go on — i say — thus with a spice of devotion , in pretence to please him that hates robbery for a burnt offering , and would not permit the hire of a whore , nor the price of a dog , to enrich or adorn his sanctuary — but go on then — and under colour of law , or rigour , or summum jus , make blandishments for cruelty and revenge , and cement paul's with the briny - tears of my widow and orphans — when you have buried me in a jayl ; nay , carouze in their tears , and cry , huzza's with jollity and full sayls , fill'd with the sighs and curses of those you bereave , whilst thus you endear and honour the name of a bishop and prelat ; and by being a promoter and a striker , or action-driver , in temporal in spiritual courts , strike thus with your two-edged sword , that cuts both ways , and meditate to enrich your self ; or , ( to avoid that imputation ) design or pretend to build a temple of stones upon the ruins of ( the living temples of the holy ghost , and ) temples of bones . this counsel , ( though it is mischievous and fatal to you , and the werst you can take for your self , your reputation , and honour , and profit too ; yet because pleasing to malice , hatred , and revenge , 't is possible you may follow it ; but first judg how suitable it is to your office and family ) or rather this honest , sound , honourable and fair proposal : namely — that , since ( of this outragious verdict ) you shall never have a farthing , ( though you perhaps may throw more good mony against bad ) nor any mighty credit ; because it was the verdict of a jury picked for the nonce , and of men that held commissions only ad nutum , and good pleasure of the court , where you have great influence at present . and since all you can get , or shall get — is my bones — if you can catch them ; — and perhaps you will never catch them , — nor will i ever fly for it , my friends and enemies shall not so be quit of me . — but if you do get my corps , — it is but like the arresting of a — dead corps — sometimes ( but rarely ) practis'd , and that ( only ) by inhumane creditors — a barbarity that will ill become bishops at this time of day , — how confident soever they be , or may flatter themselves . besides , since the verdict , and also your prosecution , was expresly against the word of god , tim . . . which commands ( you especially ) not to receive an accusation against an elder ( older than your self ) but under two or three witnesses : here was but one , and an infamous one , and a man keen with self-interest and pretensions to the profits of my benefice ; though most illegally , and an intruder , and could not swear it perfectly neither . for what sir tho. exton ( your other precious witness ) did say , the judg declared , it was nothing to the proof of the declaration ; and therefore ought not to be accounted any thing to sway the jury , as to finding for the plantiff , ( whatever or however his testimony , or my private letters , might aggravate the dammages ) yet first the declaration ought to have been well prov'd , ( for 't is not scandal till communicated ) before men use to talk of dammages : but it was so far from being well prov'd , that the ( worse than ) parrot , could not say it uniformly twice together , nor alike . nor did your other witness , sir tho. exton , get more credit amongst all ingenuous and unprejudic'd men , by making my private submissions , and what i spoke in confession to him , ( as an old friend , and in mediation of peace , and an accommodation ) a publick accusation and aggravation ; but , judg you , — how inhumane , unchristian — un-knight-like , un-man-like , and ungentile is it for a man to be treacherous , and make his table a snare ? — a turk or bravo ( amongst the spaniards ) that live by killing men , will yet rather die than be treacherous , or , betray any man under colour of friendship . many that hug the treason , hate the traytor , and will be shy of him ; at least , they ought to avoid him , as an enemy to all society , commerce , and conversation , as a serpent in the bosome , or a toad , or any dangerous villain . god● keep all good men from trusting to the honour and ingenuity-ecclesiastical , especially that of a lay-vicar , ( bless us ! from the hermophrodite ! or church-monster ! ) or — gray-fryar , as sir thomas exton , doctor exton is , in one sence . it was an exton too , that treacherously and cowardly came behind king richard the second , and murdered him with a back-blow , when his valliant hands were busied with three or four rogues more , ( he killed one or two of them tho ! ) before that treacherous and cowardly villain — exton — strook him behind , and did his business . but , i send this to your lordship , that you may show it to your two doughty confidents and witnesses , and lawyers ( if you please ) as formerly ; but rather as an expedient to acquit your self , with honour and profit to you ( more than to my self ) from this outragious verdict of a pick'd jury , singled out by special order of the court of king's bench , ( i shall live to thank them ) ; which verdict , ( notwithstanding ) with all your interest , friends , power , and greatness united , shall never be worth one farthing to you , ( i say it ) neither in mony , nor reputation and honour : but , on the contrary , this fair and equal proposal , shall be both , certain profit in hand , and as certain honour ; namely — that , considering the premises , and the outragious dammages of l. ( if they had given you s. all the unprejudic'd world would blame them on such an infamous single evidence , against so many other witnesses , as well as against god's word ; and that s. would have been better for you , in mony and reputation than the l. for , if the jury , on a stretch , did it to vindicate your honour and reputation , then they are guilty of the greater scandalum magnatum , to prize your honour but at two thousand pounds . thus they have set the price on 't , in full value in their opinion ; for , as for dammages ( you sustain'd ) there was none prov'd . the proposal is this , viz. i will pay you , upon dedamand , single costs , ( or , if you have the conscience to take it ) double costs , as the master of the office shall tax them , ( so you will be sure of something ) ; and i will also give you sufficient security for the paiment of whatsoever another jury shall give you upon a new tryal , if the cause go for you . nay , to have an equal and indifferent jury , i will give you far more advantage still ; i will consent , that you shall chuse what county in england , essex , middlesex , tork-shire , or where you please , for the venue , and to try the cause in , over again , upon this only condition , that the last pannels of juries , return'd the last assizes , in other causes , in nisi prius , in any county , you please , or shall chuse , to draw any of them by lot , not looking into them , 'till you ( or some for you ) have drawn and are fix'd : and let the tryal be managed by what learned counsel soever , all england over , and before what judg soever best pleases you , and i will have no assistance in the management , ( but as the last time ) god , and my self , and my witnesses , and the justice of my cause . and , if you will not accept this fair , this honourable , this profitable proposal , then consider — how lost will the justice of your cause be in the opinion of all men , nay , even in your own opinion , if you be afraid to try another grapple , before an indifferent and equal jury , not prepossest , not pick'd , not pack'd , not depending upon — to help you out with it . and , though you have now given me a foyl , you had twelve such kind of men to help you ; but it will abate the good opinion of your courage , the good opinion of the justness of your cause , even in your own opinion , if you dare not , upon so fair terms , let go the catching hold you have got , and take fair hold , when you may assure your mony , your costs , your credit , and your dammages , ( all now desperate ) only by playing the prize over again once more before indifferent and equal judges ; and you shall have mony of me too for playing the prize again , with a naked , single , priest , friendless , helpless ( but ) not hopeless , though you are arm'd with all your power , friends , riches , ( and consequently ) learned counsel , high places , and interest , and flush'd ( also ) with your late victory and success . i 'le venture all i have in the world upon this contest , if you will stake an equal gage : what ? shall such a man as i am be run down with one little , single , ill - thriven , infamous priest , against god's holy word , and so many substantial witnesses ; nay , a priest that cannot tell his own tale off-book , with the exactness , uniformity and docillity of a parrot ? the world cries shame on 't , and of such a jury . nay , ( further ) i here promise that i will surcease the prosecution of that same harris , in order to convict him of perjury , 'till ( first ) this new tryal be over , he shall have his beggarly ears a little longer on this condition ; that 's some comfort for this episcopal witness . these are the certain benefits and honour you may be assured of , by consenting to a new trial : and if you do not consent , i doubt not but the judges will grant me a new trial , whether you will or no , at the term , upon such suggestions as i shall make to them , and upon such motives as has been prevalent with them in other cases ; and why i should not have justice , nay , their countenance too , more than vile extortioners , oppressors , or their abettors and partakers , i do not understand : i believe i shall live to see the day , that judges will value the oath of a judg , and have no respect of persons in judgment , though never so great ; ( oh! for judg hales at this day , and in this affair ! ) or , if they warp , will warp on the right side , and countenance the innocent sufferer for telling men of their sins , and not warp in confederacy with the sinners , and grand contemners of the king's laws , who are very ignorant , or else , bold , daring , and impudent , to act so contrary to law , in vile extortions , &c. at a fair hearing , my lord , you can never justify the wrongs you have done me , in despight of his majesty's laws , and god's laws ; ( where is mr. withins with his dumb shows to give item hereof ? ) his dumb shows could not keep him in the parliament-house from his knees . how can you answer the invading of my legal rights by an illegal sequestration , contrary to magna charta , and the petition of right ? how can you answer it , to turn promoter in the spiritual court ? is it for a bishop to be a striker , that is , an action-driver or promoter ? and to strike with his two - edged sword , and hack and hew both ways ? as you have hack'd me in spiritual court , and temporal courts ? ecce duo gladii ! the popishgloss , says , temporal and spiritual sword , but what is that to you ? how can you answer it , to vex me in despight of a premunire , with law-suits , and accusations of barrety , in the spiritual courts , ( as you have done ) in defiance of the many statutes of provisors ? are you above the law ? are you indeed ? we will try that one day : it is no scandalum magnatum , to say , that greater men than you ever were ( or ever shall be ) have been glad to kneel , and submit their sturdy necks to the laws of england . how can you answer it , to vex me in the spiritual court for barretry , in those very instances , whereof i have been honourably acquit , upon a fair hearing in the courts of our lord the king ? how can you answer it , as promoter , to cite me , and prosecute me , in the name of robert wiseman , doctor and knight , or i know not who , from my home , my employment , my cure , ( that you ought to further , not hinder ) and not in the name and style of the king , as enjoyned . edw. . . a statute that i doubt not but to make good against you all ? and then , what will become of you all ? how can you answer it ? when you were , or might be convinc'd at the king's head in colchester , that martin and groome , &c. your apparitors , who forswore themselves against me , and against the ecclesiastical records and registries , still to countenance the prosecution ? and when i was acquit ( honourably ) still to vex me again , and turn promoter to plague me for crimes ( of which i was prov'd innocent , and to vex me in a court that cannot take cognizance thereof , and have incurr'd the danger of a premunire , for the vexation you have done me therein causelesly , and for the illegal prosecution ? for you ( as promoter ) swore witnesses to those articles ; and cited i was , at your promotion , to attend your motions thereon , at lexden ; manent altâ mente repostum , when time shall serve , you shall hear on 't . and when you had plagu'd me almost a year with these barretry-articles , then they dwindled only to marriages without banes , or not paying your registers , or your under-officers mony ( as i used to do ) for blanck-licenses , or marrying too cheap , this is the worst inconvenience thereof ; and i think that i can prove that i have as much , or more authority to give blank-licences , then your lay-vicar , doctor exton , or , your lay-registers ; ( a fine world ! ) when matrimony must be the benefit of those gray-fryars , ( instead of the benefit of the clergy ) because the hermophrodites buy their places , or hire them . besides , there is not a minister in our town , or ( almost ) in the whole country but does the same , and why do not you turn promoter against them also , if justice be not only the pretence , but malice , spleen and revenge at the bottom ? why do you make fish of one , and flesh of another ? why a picque at mee only ? or is it because none of them had the wit , or at least , not the grace , nor honesty , nor courage to discover the ecclesiastical corruptions , which you are too privy unto , and ought to amend and not boulster them up ; i am ashamed on t ; and so may others too in time , and of such grand partiality . besides those poor five couples , which i am accused off , ( for marrying without banes first published in time of divine-service in the parish-church or churches ) is a fault impossible to be avoided ; for else the couples could never have been ( legally and in strictness of law ) marryed , having no parish-churches , nor any divine-service at that time ; and yet your procters in the articles swore they were high crimes . oh! ( my lord ) would you be willing to be so serv'd ; and to be so done by , as you have done by me ( to be plagu'd , vext and suspended of your benefice and office three years , for transgressing the rubrick in the common-prayer-book , which you so dayly transgress ( as well as other statutes ) in your nonconformist illegal confirmations , and the like ; which in time i can prove upon you , and not always bear and bear your blows , and be alwayes defendent . or , if i should be such a fool as to give you l . how can you in conscience or honour take a penny on 't , when you are not damnified a penny ? are men bound to repair when there are no dilapidations ? which of your many high-places or preferments have you ( thereby ) lost , either temporal or spiritual ? what minute favour of the king have you lost by this scandal , that had never been heard of , if harris had not broacht it ? what displeasure of the king or great men of the realm have you incurred hereby ? i know not what you may do tho' , by being unmerciful , cruel , or hard-hearted in using your power ( quite contrary to the apostles ) and abusing it and your self — for destruction , not edification ; you know not yet how apt mischief is to rebound , or the eccho to tell tales out of school ( as all eccho's do ) and of its fathers motions , and ring all the kingdom over , and make good the proverb — harm watch , harm catch — or how you will answer it , for your neglect of gathering the king's tenth's , of fingring hoe ; or , not returning the default , a peccadillo to your other crimes in this letter minutely mentioned . the greatest murthers ( as that of naboth ) was done by form of law , and two sons of belial for false witnesses to prove the declaration ; but my l . must go upon the testimony of one son of belial ; ( fy on 't let 's hear no more on 't ) my hap is harder then naboths : robbers are neverthetheless robbers , though they have a vizard on . if you will not consent to a new tryal , upon so profitable , so honourable and so advantagious terms , what will men think and say of you ? how will their jealousies of foul play be increased , when you dare not let go this catching hold , and take fair hold before equal judges ; especially since this verdict ( as i am told by substantial witnesses ) was discoursed upon the royal exchange before the assizes , that the jury would give averdict for the plantiff , and l . dammages . if this be so , this is to hang a man first and judge him afterwards , which ( if i prove to be true ) how can you or the judges , in justice or honour refuse a new trial , that will be so profitable to you , especially if you conquer : whereas now you will get nothing but my bones , which are old and will do you more harm then good ; you will wish you had not troubled your self with them ; they will prove as fatal to you as you can be fatal and mischievous to me ; ( if you do catch them ) and it will be some loss of ready money to catch them ; there will be some craft in the catching of them , i 'le assure you , with all your power , and yet i will seldom be a mile from your house , perhaps just under your nose , must men be run down with one single infamous , ill-looking , interested , ill-thriven , revengeful , beshrimpen , forgetful , dull priest , in defiance of gods word , and in defiance of the testimony of so many honest and substantial witnesses , whom no temptation could corrupt ! never think on 't , it cannot , it shall not be ; yes ! perhaps you may get my childrens beds from under them , i know not how stony-hearted you will be ; and yet ( i do ) in part . shall you first occasion all this by doing me wrong , and sending the wretch to usurp my legal rights by vertue ( or vice rather ) of your illegal sequestration ? must i suffer for your mistake and ignorance at least ; ( if it be no worse ) if it be no worse , it must be through your ignorance of my title ; and your prosecuting me for barretry ( as promoter ) in the spiritual-court , must be through your ignorance of the law , ignorance of the statutes of provisors or worse then ignorance , for — ignorantia crassa not excusat — a bishop and a privy councellor ( above all others ) cannot , nay , will not be admitted to plead ignorance of those laws that were made on purpose against prelatical insolence and usurpations ; for if your prosecution was illegal , blush and repent at least , and make me restitution for being promoter thereof , if legal , why did you abandon it and durst not mention it in the sentence ? however , it is mentioned in the process , and you shall hear on 't all of you , if i live . nor can you plead ignorance of the fundamental-laws and constitutions of the realm , and yet to commend , recommend in print , and in publick discourse ( in the presence of the mayor and aldermen of colchester , at your last visitation , kept at the king 's - head tavern in colchester , and in presence of divers other witnesses and worthy gentlemen ) to seem to justifie the canons , and constitutions of forty ; nay , the very first and worst of them — that ( foolishly as well as falsely asserts that ) the most high and sacred order of kings is of divine-right , being the ordinance of god himself , founded in the prime-laws of nature and clearely established by express text both of the old and new testament ; ( right lambeth — arch-bishop lauds nowne selfe ! ) the mischievous and bloudy consequents of this doctrine is aboundantly discovered in my d . part of naked-truth , p. . which if you had impartially read , you and i had been friends not foes : and none of you ( yet ) did or have been so hold as to answer it , or attempt to confute , otherwise then by oaths of ecclesiastical-fellows , whispers , cabals , pointings , and dumb-shows of council to an apprehensive jury ( to endeavour my ruin and how did you quarrel me at the same time at your visitation upon this very contest , shakeing your head , and saying , now you begun to know me ( not for a tantiviee , even ! curse ye meroz was a true english-man ) but said also ( and if you had not said it , this letter might have been spared ) that you never desired ●● speak more with me ; yet you could turn promoter against me in the ecclesiastical court , and defame me ( to a person of honour ) as a barreter , and vex me and plague me with actions upon actions ( i never was quiet one week since that contest when you said begun to know me ) articles , supplicavits , libels , informations , verdict of your pickt-jury ( much to your honour ) promotions , &c. but because you said ( then ) you begun to know me , you and the world have therefore ( since that time ) known me better , and do know you better too , upon that difference betwixt us , the rise , ground cause and occasion of all our after contests , and therefore you took my place of surrogate from me , the next day , for i also began to know you then and was more joy fully dismist in hopes that i and the world may know you better , and publickly renounce these canons of . which you publickly commended particularly , that ( which you then justified ) the first canon thereof , that same arch — lauds canon , the sybthorpian canon , away with them for shame ! manwarings canon ; for our difference thereupon is a difference about this most considerable point ( this day ) in the kingdom , a point on which all english-men's lives , estates , liberties , their children and their wives , does depend ; a point of difference betwixt me and you and your convocation and canon of . which not a tory jury , but a parliament had need to decide . what ? ha ? is it come to this ? is the boyle ripe , that has been so long a breeding ? is the push come to a head ? 't is high time to let out the corruption . behold the ghastly cicatrizes still ! or rather wounds which were ( i thought ) quite closed , and must men rend and tear them open again impunè ? 't is true , dr : laud , sibthorp and manwaring got preferment by this tantivee ( before they durst make it a canon ) principle ; laud was archbishop and chiefe minion ; but manwaring recanted in the parliament-house upon his knees with tears , and was grievously sentenc't , . carol. . . by both houses of parliament , to be first imprisoned ( the bishops could not help him , ) during the pleasure of the house . . he was fined pound ( that was not pound to the king ( and yet his offence border'd upon if it were not quite treason ) and the original-rise of my offence , onely my dislike of such villanous and damnable doctrines . . he was to make submission and acknowledgment of his offences at the barr of the house of commons , merciful judges ! for the poyson of this doctrine of devils afterwards occasion'd on one side our late bloody civil-wars ; and must we recommend and justifie at this time of day ? is it come to that after so much blood-shed ? an aggravation , an aggravation ! as withins said , — remember . and the canons of . as well as . or . when arch — laud lost his head ; and the king and kingdom all most ruin'd , and dare any man publiquely be at it again , when his majesty has so often declared that he will keep his oath , his coronation oath inviolably , when so many addresses has been made to his majestys thanking him that he promises that he will not break his oath , nor rule us arbitrary ; but as ( we are ) englishmen and he a good english king ; we do not live in turky , muscovy , nor yet in france ; how hastily soever , and furiously some men drive slaves and sycophants that having no children , no inheritance nor posterity , care not how they ruine posterity to get a little present paultry preferment , ( the price of their slattering souls ) nay , they ruine themselves by these principles as well as endeavour to ruine the king and kingdom ; such plaguy ear-wiggs ought not to come near the king-ear , for they wrigle in infection what they can , blessed be god , his majesty is not capable of such impressions ; no thanks to earwigs — ( like other men infected with the plague ) they care not how many they infect , when they themselves have got the tantivee sickness , or , like devils , care not how many they tempt to damnation , being themselves condemn'd ( the expression is not harsh , better for men to be cur'd with ink than a hatchet ) you have no better way to acquit your self from jealousies and fears , then by as publick an owning of me , as you have publickly vext me ever since i spoke against your constitutions of . . manwarring was to be suspended for three years ( gentle ! most gentle ! ) and yet his crimes were more mischievous and fatal then to marry people too cheap or without banes , or without a blank-licence , ( meer trangum's for want of other faults , and thus it alwayes is , when men are resolved to find a hole in a man's coat , and rather then fail they 'le make one where there is none , and then get procters , apparitors , and doctors , and an episcopal-tool , to swear in a willing court — lo here ! here is great holes ! high crimes ! ) whereas manwarings-doctrine and such like doctrine occasioned the ruine of our flowrishing kingdom and common-wealth . . he was disabled to have any ecclesiastical dignity or secular-office , ( but his fine was pardoned by king charles the first , and the doctor punisht with the two best livings in england , namely the rectory of stampford-rivers in essex , and the rectory of st. gyle's in the fields , and had a dispensation to hold them both ( do not tantivees know the way to the wood ? and the way not to be plagued with promoters , bishops , articles , informations , suits , supplivavit's , declarations and outragious verdicts , they are wise and know a way worth two on 't ; and willing to be of the religion mr. sheriff is off , especially if the court do but command him , to single out and especial jury for that very purpose and expedition . . that he shall be for ever disabled to preach at the court hereafter : ( and all such as he , they might well have added ( all such sycophant preachers might well be spared , even in lent , the very harvest for court preachments ) all such poyson-sellers , that for mischief might out vye the poysoners of france . ) but the best on 't is our king ( blessed be god ) does not overmuch heed vain pulpiteers , and does but smile when the bigotly feaver makes them talk idlely and prate impertinently ( like the gown philosopher phormio , that never saw a sword drawn in anger , or ( if he did ) tremblingly knockt his knees together , and yet the fop made bold to read militia lectures to hanibal — of the art of war. — ) no thanks ( tho' ) to these well-willers to the mathematicks ; though wise kings shut their ears , or smile to hear a pragmatical coxcomb , or imbost bygot , who mounted upon the stage of the over-topping pulpit ( bless us ! ) how liberally he flings about — have at all within his reach — and is as terrible as a french minister when he cockes his beaver , looks grim , and lifts up his threatning-arm heav'd up and arm'd with a geneva-bible — gentlemen — look to your heads — look to your hitts — do not dop your heads there — the man is n●t in earnest — draw-can-sir means no harm , he may fright fools and little bigots ; but can not hurt them . for his threats are as inefficacious perhaps as the bishop's-benediction — ( of paris ) when the flocking-beggars beset his lordships coach , and begg'd his alms ; instead of opening his purse , though he was close-fisted , he spread his empty palms , and laid them gently upon each of their heads , muttering his set-form of words , and gave them ( instead of a cardecu or a farthing ( a piece ) which they expected , ( to him ) ( or more readily come by , or always readier at hand ) a cheaper commodity ) his episcopal-benediction . at which disappointment the sawcy beggars told his good lordship , that if his bishoping , or bishop's - benediction , had not been in his lordships good opinion the cheaper ( if not ) the viler alms of the two , his lordship would not be so prodigal of it . the history does not say , whether they grew stiff in the knees ever after , as not willing to kneel on the cold hard stones , or in the dirt , any more , for his lordships benediction . — but the parisians , and jeering nickering shop-keepers , smil'd to see the wretches kneel so devoutly for an alms , and yet be angry when they thought themselves disappointed and fob'd off with the empty benediction of lawn-sleeves , ( i mean ) that popish lawn-sleeves , who smil'd in his sleeves , and said — si populus vult decipi , decipiatur — as if he should say — the world is a great cheat — the knaves cheat the foolish bigots . but if that parisian frenchified bishop had been forc'd by law to give a souce or a shilling to every one he so bishop'd , that as he pretended to both the two swords , the temporal and the spiritual , to do mischief with , so he might be forced to both the two charities , the temporal and the spiritual — to do good with — and be constrained by law to be good in spight of his teeth , as well as cruel and mischievous , and to be as honest as the publican , that said — half my goods i give unto the poor ; and if i have taken any thing from any man , by false accusation , ( mark that ) lo ! i restore him four-fold : and if the bishop had so given the poor their old moety , and primitive share , in his mannors , tithes , and glebes ; or , at least , let them go snips with him , in getting a shilling for every time , and every man , woman , and child , to whom he so liberally ( higgle-tee-pickle-tee , hand over head ) gave his benediction : i am of opinion , the popish bishops , whatever the protestant bishops may , would not frisk so often about their diocessess in frequent visitations , procurations , mony , more-mony , conferences , &c. but rather shut up their doors , and keep a big overgrown porter to keep out the crouding votaries from such benediction . however , the office of such a bishop would be ( then ) good for something , and they would be ( giving twelve-pence a blessing ) spiritually and temporally charitable ; as now some are ( with their two-edged sword , spiritual and temporal ) most troublesome and mischievous , ( in france ) by suspensions , silenceings , church-censures , curses , and anathema's , and mony — more mony — excommunications , prisons , jayls , hey-day ! for an apostolical man , alamode de france ! come , my lord — open the pulpit doors of all-saints again to me , ( or else i 'le open them my self ) which with so much ado you have endeavoured to shut , and exclude me , and bolt me out ( if you could tell how ) for a bibble-babble — marrying too cheap , or not with a blanck-license ( as hundreds others do uncheck'd ) therefore act not in revenge , nor partially , in devotion to your registers , that used you unworthily , ( in many mens opinions ) in making a promoter of you , for the accomplishment of their viler and baser ends : and let there be no more strife ( as abraham said to lot ) betwixt me and thee , betwixt my people and thy people , for we are brethren — why should we thus quarrel a days , and thus fall out by the way — about your registers , blanck-licenses , or fees illegal — or mony ? — and a little mony has ( to my knowledg ) often taken up this dispute with them — : for you know — mony is all they aim at , that buy their places , or hire them — you know it well enough ; — or , if you do not , i can tell you how , and where , and whom , and when — and as for your little harris his evidence , ( if it were true ) consider the first provocation you gave me , through your ignorance of my title to the benefits of the small tithes of st. buttolphs ; to usurp which from me illegally , you sent the creature with your sequestration ; would you be so done by ? or have your superiors to take from you your rights , and you must not speak for your self ? and tell them , they are ignorant and mistaken in your title ; or , if you do — slap — says the usurpur with an oath upon you , and reports your words in the worst sence , and another sence than you spoke them . for harris has not wit , memory , nor docility , to repeat my words twice together alike off-book ; and must i pay l. because he wants wit or grace ? my lord , 't is hard ! you would say your self , if it were your own case . why should we make our selves thus the town-talk , the kingdoms talk , the chat of every ale-bench and coffee-house ? this might have been — in time foreseen ; — but you did not know me , when you said you began to know me ; if you had , you would not have ventured to attempt to — wrong me of my said rights , to please ten thousand such as harris , a little minion , that neither you nor the church can have any credit of , more than of a little fucus , good for nothing but to paint your cheeks with a blush ; and to say too late — i had not thought . better late thrive ( tho ) than never — i assure your lordship ( as i did formerly ) i have not done half my best , ( that is — my worst , as you will call it perhaps ) ; and you will find it true , and the men of doctors commons too , ( say ) i tell you so ; whereas i , as i said before , do lie on the ground , and can fall no lower , i am shot-free ; or , if with so much advantage of power , and the outragious verdict of your pick'd-jury , you hit my body , yet you shall never finger my estate ; and my old corps will but make you sick of them , and prove fatal to you , and annoy you , if you do catch them ; extend then your utmost cruelty that your great power or revenge can contribute , yet stony-heartedness will bring no other renown to the bishop and his clerks , except the external blame and fame of being mischievous to all posterity , by virtue of a single oath of an infamous wretch , that swore for his own ends , against all the by-standers , and believed by a jury singled out for the service , against the word of god so expresly to the contrary , as aforesaid ; a bishop should not countenance this ; nor is scandalum magnatum an offence at common law , but an offence only against a penal statute , and the penalty , imprisonment ( only ) 'till the author be found out — but the very words of . rich. . are scarce intelligible in the last words ; yet , no punishment of the author is mentioned in the statutes ; and penal statutes ought to be taken strictly — and not extended to dammages — ( as the lawyers have finely spun it out ) — especially when no harm have you received , nor ever could , if harris had not broach'd his own lies , and father'd his spurious brats on me — and i must be charg'd with them l. thick , by false accusation : remember zacheus , luk. . . but , not a penny ( upon my word ) shall you get , except you will consent , as aforesaid , to a fair new trial , by an indifferent jury , empannell'd in other causes , and not pick'd for this exploit only . this is not a time ( my lord ) for bishops to rule with a rod of iron , and break men in pieces like a potters vessel ; christ and his apostles did not so . this method might have done ( simply tho ) in queen mary's days , and in the inquisition of spain , and in england too , when the high-commission-court was up , but the wringing of the nose brought forth blood — and the bloody and cruel bishops paid dear for it in conclusion — mens eyes are opened — it is not to be done now in england . — if we may judg at the minds of the people , more by the last parliaments , than the last addresses , ( which i like well enough of ) ; but were there not as many , and as numerous subscriptions to that usurper , richard protector , nay , more zealous expressions and promises ? but when he needed them , not a man stood by him — i know the case is vastly different — but not different in zealous promises and protestations . but as little rivulets alter their motions to follow the great tyde — and the stars obey the motion generally of the primum mobile , though they may have some little excentrick motions of their own : for , whatever the generality of this nation does affect or disaffect , it shall become a law ; ( it is naked truth ) oh! but we have a law and act of vniformity , and must not laws be put in execution ? i answer — no — not with partiality — but either hand all or save all — either punish all nonconformists or none — make not fish of one , and flesh of another — ( say ) — in your conscience and honour , is there any conscience or honour in this partiality — hang it — it breeds ill blood — shall a non-conformist-bishop send men to the devil for non-conformity ? hey-day — where live we ? besides , cruelty , severity , and persecution , does ill become a protestant bishop ; the servant of the lord should not strive — but with meekness instructing ( not jayling , nor cursing ) those that oppose ( mark that ! ) themselves . should they ( indeed ) curse them , and jayl them , and send them to the devil by excommunication , and tossing them to the magistrate , ( as nimbly as if they were but tennisballs , and all this racket about a moot-case , or , mony matter ) by significavits , in order to jayl them ? and then the nimble magistrate tosses them to the bishop again ? as the justices of middlesex admonish or desire you , in their late printed declaration , to deliver men to satan by excommunication , that so ( also and likewise ) they may not be capable of suing for their lawful debts , nor be competent witnesses , nor jury-men , nor testators . this is no persecution to speak of — but — except death — what is worse ? — nay , 't is worse than death to be thus us'd for a bawble . time was when i writ — curse ye meroz — that i was just of those mens scandling . — and in this particular , had no more wit than sir george jefferies — who then admir'd my folly , ( for such it was ) as all men admire those things that sit their own size , their pitch , and their attainment , their honour and their scantling . but , i confess , my lord , at that time , i knew no better , ( how does interest blind the eyes of the wisest ? ) 'till i consider'd the golden rule of our saviour in this case , of doing as we would be done unto ; and how loth we should be , that the rigour of law should be exacted for our non-conformity , or — premunires — and that empson and dudley were hang'd for being so rigerous ( against the general sence ) in exacting the penalty of statutes , in force too : some justices ( now ) admire this policy : hullou ! let them go on — they got the law in their own hand . — time was , when i look'd upon all non-conformity , to proceed from humour , frowardness , self-conceit , or design , rather than from tenderness of conscience ( the mock of atheists that have none ) until i had impartially weighed their arguments , which i could never ( as yet ) meet with any man that was able to answer ; if you can , you understand more than i. no , not that argument of king charles the first , mentioned just before the last verses of my black nonconformist — concerning conscience — god's throne — and therefore refrain — do not ( like the giants ) attempt to scale heaven — the babel is in vain to boot — though pope and devil — high-commission or inquisition should confederate against conscience ( god's throne ) it is hard for such persecuting saul's to kick against the pricks . besides the great friend of persecutors ( innuendo ) the aforesaid devil usually leaves them ( as he does witches ) when he had brought them to the gallows . — i do not desire you should , in a sowr humour — turn the cordial wine in this letter to vinegar , and cavil at it , as formerly , and make it my accuser ; but do — if you have the boldness — for i will justify it to a tittle ; and that there is no scandalum magnatum in it , to any but the wicked , who have most need on 't , and therefore much good may it do them . there is a divine nemesis , a divine vengeance ( the heathens could say ) that pursues bloody and cruel men — they shall not live out half their days ; like that heathen adonibezeck ( i shall live to hear them say ) as i have done , so god hath required me . and , my lord , you have not such enemies under heaven ( in time you will believe me ) as these ecclesiastical fellows that egg you on , and hearten you on to stalk as their promoter , for their own little ; and baser ends and gain , ( in their dear-bought offices and places ) to these harsh methods , so below the dignity of a bishop — saying — what will become of discipline ? what of the church ? fie on them ! what care they for discipline ? that ( as well as they love mony ) coine but little out of whores and rogues , swearers , drunkards , tories , and blasphemers ; except of a poor whore now and then — but mony will redeem or buy off a white sheet . but , if there be a consciencious non-conformist — they coin him presently — or — if he will not down with his dust — and ready darby — then curse him and jayl him . — brave doings ! and yet what wretches in england are greater contemners of the king's laws than they ? or , greater oppressors ? and how can you answer it , to talk of discipline and excommunication , and be a promoter , — and yet not deliver these fellows to the devil , amongst other vile sinners ? what has the house of prayer to do with a den of thieves ? for shame ! for shame ! for shame of the world , and speech of people , abhominate this partiality , or , pretend to no discipline at all . the very heathen romans did so hate partiality , that brutus sacrificed his son to justice : and shall a christian , nay , a protestant , nay , a protestant bishop , be guilty of partiality ? and draw his two-edged sword against some dissenters , and some non-con's , and some that marry without blanck-licences or banes , and yet connive at others ; nay , at the impudent contempt of the king's laws , in extortions and oppressions , and illegal fees , of his own servants and officers just in his eye , and under his nose ? it admits no answer — no cavil to evade it — a premunire is not harsh for harsh men , and partial and unjust , cruel men. augustus ( busy to reform the state ) blusht when a peasant bid him go home and reform his own house first , his wife and daughters , being the veryest whores in rome . whose vices ? what sins ? what oppressions does your discipline-mongers correct ? no , not their own ; good doings the while — when vice corrects sin — nay , it does not that neither — if there be friendship , tory-ship , tantivee-ship , or mony in the case — rare discipline ! — let me hear no more talk of discipline , except it were better . where does one ( of all the whores in england ) stand in a white sheet for lying in polluted sheets ; are they amicae curiae . besides , tho to me it seems improbable , that ever popery should be the state-religion , yet it is possible that it may be so , and then — by this act of uniformity-principle , we must all be papists or mariyrs — then i think we have uniform'd sinely , and have made a sine scourge for our own backs — and well may the inquisition-men stop our mouths with our own arguments , and methods unanswerably , with — out of thine now mouth will i judg thee , thou wicked servant — but , all this while , i had almost forgot our old friend mr. manwaring and his sentence — which was . — . that his said book was worthy to be burnt ; and that his majesty may be moved to grant a proclamation to call in the said books , that they may be all burnt accordingly , in london , and both the vniversities , and for inhibiting the printing thereof upon a great penalty . this was a true english-parliament — in , and not that of , nor : as the rascally-hireling pamphleteers thunder it , slaves like esau , that vilely sell their birth-rights . and all the addressers in england , can never chuse other than true english-men to defend their liberties , their lives , their estates , their children and their wives ( basely sold by pensioners formerly ) — tho the tantivy-slaves little deserve such a parliament . england is not frenchisied , nor ever will , never think on 't , they 'll dye ( first ) a thousand deaths , if possible : men may as well talk of — , — and , — and , — or — , as . for when we are dead , our children will be true free-born english-men ( and so dye ) if they be not bastards . now , my lord , compare the crimes of the laudian-convocation of , ( for which you do so stickle , and hate me , and vex me ever since i opposed them ) canon . with the crimes of manwaring charged upon him in parliament by mr. rous , namely , a plot , and practice to altar and subvert the frame and fabrick of this estate and common-wealth . . in labouring to infuse into the conscience of his majesty ( oh! may such ear-wigs never now come so near him ! ) the perswasion of a power not bounding it self with laws ( the very crimes charged against duke lauderaale and the e. of danby by the loyal long-parliament ) they sate never the longer for that tho ) but what car'd they ? which king james of famous memory , calls in his speech to the parliament ; tyranny , yea , tyranny accompaned with perjury . ( where is your jus divinum now , my lord ? and your prime-law ? ) in your constitutions of — : see the articles and impeachment of arch-bishop laud. . in endeavouring to perswade the conscience of the subjects , that they are bound to obey commands illegal ; yea , he damns them for not obeying them ( vide your can. . of , to the same tune . ) . in robbing the subjects of the propriety of their goods , ( vid. the proceedings twelve years together , from till , whilst bishop laud was a minion and a privy-counsellour ) in loanes ( you may call them gifts , for they were never repayed , ship-money , customs , and such like ) if a high-way-man say , with sword in hand , come — friend , i must borrow your purse , we had as good give it him as be cut . . he brands them that will not lose this propriety with most scandalous speeches and odious titles , to make them both hateful to prince and people ; so to set a division between the head and the members , and between members themselves , ( and how like , my lord , are your proceedings against me ever since you ( said ) you begun to know me , when i spoke against your canon and constitution of . how have i been vext and plagu'd ever since , a martyr for the publick-weal ) against your canons of , by your promotions , citations , processes ecclesiastical , about fiddle-faddle , suspensions , excommunications , except i would pay a guinny , ( which i did ) suits , articles , libels , actions , informations , whispers to judges and great men , supplicavits , informations in the crown-office , defamations as a person convicted of perjury , declarations , and now , an outragious , and convicted verdict of l. and yet , ( for god's sake ) what one evil have i done ? or , who swears against me , but the for-sworn rogues , groom , and martin , your apparitors , six proctors , harris and exton , all ecclesiastical fellows ? and yet here 's no plot ( belike ) against my righteous name and reputation ; i never was quiet one whole week together since that fatal time that your lordship begun to know me ; know me ! for what ? for what ? for what you shall know me till i dye , ( against your lambeth-canons of ) a true free-born english-man , that hath a lusty posterity , and estate for my heirs ; and heirs for my estate ( if i can but keep it out of your episcopal-gripes ) and i 'le gage all i have ( chearfully ) upon this quarrel and difference , the true cause of all our differences ever since , and more fit to be decided by a parliament , than a tory jury , pickt and singled out . if i had said , as you said , and as the convocation of said , and as the poor clergy ( then present ) durst do no other than say , it had been l. in my way , and a better penny , the canons of . with a curse and mischief attending them . but no bribes can tempt me , nor fears appale me ; as the cardinal told the pope of luther when he refused a cardinals cap , — germana illa bestia non curat aurum : therefore keep your gifts to your self , and your threats too , and reserve your high-places and preferments for tantivies , i am none ; nor for threat or money to be made a slave , or a traitor to the fundamental laws and constitutions of this kingdom ; and this , as mr. rouse stiled it , to the speaker without rebuke , this state and common-wealth ; not unlimited and absolute monarchy , but bounded within laws ; not by prime law of nature , nor by express texts of holy scripture , as falsly , can. . of your constit . . but by human bargain , compact and stipulation , contracted and agreed unto betwixt the king and his people . . to the same end , not much unlike to faux and his fellows , he seeks to blow up parliaments , and parliamentary powers . god grant there be no such vilanies alive at this day ! no such privy earwiggs — nor therein successors of laud. one would think a bible should better become bishops , than unhinging of governments and fundamental laws , that the sycophanis have no skill in , thus — unlike apostolical-men — and leaving the word of god to serve tables : acts . , . nay , leaving it to do mischief and get the kingdom 's curse , and sometimes a block for their pains , and unsuitable albtro-episcopal mischief . hamlet , king of denmark , was poysoned and kill'd , by poyson poured into his ears as he lay carelesly and securely , and supinely sleeping by his false friends and sychophants . we are told this day by nat. tompson's intelligence [ numb . . ] that john wolf [ i do not know whether your lordship ever heard of him or no ] that notorious pick-pocket , when he was [ on saturday feb. instant ] at salisbury , drawn to eexcution , confessed that he had pickt pockets at st. james's chappel , at the time of receiving the sacrament , &c. god bless us from church-pick-pockets ! amen . thus [ saith mr. rouse to the speaker ] you have heard the voice of the wicked one — judas ( quid dabetis ? ) what will you give me ? [ two good livings and preferment and favour , tantivie ] and i will betray this state , kingdom , and common-wealth . and observe how manwaring nickt the time for rendring this damnable doctrine , namely — in the heart of the loan , and printed in the term that ended in a remittitur . so that you might guess [ saith he ] there might be a double plot — [ namely — at westminster-hall as well as in the pulpit at white-hall ] by the law — and conscience to set on fire the frame and estate of this common-wealth , was mr. manwaring — [ just such another man as he that justifies the canons and constitutions of ? well — he got preferment by it , but it was his ruine , ] as well as the like doctrines the ruine of this kingdom and common-wealth . and by his divinity [ saith mr. rouse ] he [ manwaring ] would destroy both king and kingdom : [ mark that ] the king , for there can be no greater mischief , than to put the opinion of diety — [ whose will is a law ] into his ears : [ yet how ignorantly and impudently , by that lambeth-synod , attempted in that can : . of the constitutions of , from , falsely pretended express divine scripture : will men never take warning ? for if [ continues mr. rous ] from the king's ears , it should have passed to his heart , it had been mortal : you know how herod perished : [ i may add , you know how king hamlet perished and died by this ear-poyson ] will men never take warning ? king alexander the great , well answered his sycophant courtiers , that diefied him — he that empties my close-stool , is not of your opinion ; nor did the wenches that lay with jupiter and hercules think them to be gods ; or , but very lustful , beastly , goatish gods. jupiter appeared to io more like a bull than a god. now [ continues mr. rous ] this man [ manwaring ] gives participation of omnipotence to kings : tho a part may seem to quality , yet all doth seem again to fill up that qualification , and very dangerously , if we remember , that god saith of himself , i am a jealous god. he goes about to destroy this kingdom and common-wealth by his divinity . but do we find in scripture such a destroying-divinity ? [ yes , yes , if we believe a whole synod , and believe the constitutions of , my lord , mischievous canons of , i may well say , and so may all mine , and this poor kingdom too , ruined and undone by such synchophant-tantivee-doctrines . ] surely i find there [ namely in scripture continues mr. rous ] that god , is the god of order , and not of confusion — and that the son of god came to save , [ mark that — my lord ] and not to destroy . by which it seems he hath not his divinity [ mark that too — my lord ] from god , not from the son of god — and that we may be sure he went to hell for his divinity , he names sundry jesuits and friars , with whom he hath consulted ( mark that too ) and traded for his divinity . but not to be-ly hell it self ; the jesuits are honester than he [ mark that too ] for if he had not brought more hell unto them , then he found with them , he had not found this divinity in them , which he hath brought forth ; yea , in his quotations he hath used those shifts and falshoods , for which boys are to be whip'd [ mark that too ] in schools , and yet by them he thinks to carry the cause or a kingdom , [ mark that too , my lord ] you see the ground and occasion of this — difference betwixt your lordship and my self [ begun in the presence of mayor and aldermen of colchester ] is not private piques , but an adjudged case long ago — in many parliaments , and called in , in parliament , the case of a kingdom ; and so it is , and will be — see the book called , the loyalty of the last long-parliament — wherein , tho there was a long bill of pensioners ( who may yet live to be hanged , for it is far worse than robbing by the high-way ) said to be found amongst them , such as the treasurer had gratified with two hundred thirty one thousand six hundred and two pounds in two years time — ( oh liberal ! on a poor kingdom 's stock , and so empty an exchequer — as the widows and orphans howl ! ) yet the major part of the parliament did , and for ever will continue true english-men to the ancient constitution and frame of — government , and the fundamental laws — ( the scoff of tories and tantivies . ) this loyal long-parliament plainly told the king in their address against duke lauderdale — feb. . — . ( not nor . ) that he was abused — saying — some persons in great employment under your majesty , have fomented designs contrary to the interest of your majesty , and people , intending to deprive us of our ancient rights and liberties , that thereby they might the more easily introduce the popish religion , and an arbitrary form of government ( well coupled in troth — papist and tantivie — together ) to the ruine and destruction of the whole kingdom , &c. ( then particularizing ) the duke of lauderdale , did publickly affirm in the presence of your majesty sitting in council ( i am apt to think your lordship heard him ) and before divers of your majesties subjects then attending , that your majesties edicts ought to be obeyed — for your majesties edicts are equal with laws , and ought to be observed in the first place . — thereby justifying the said declaration ( of march , . ) and the proceedings thereupon , and declaring his inclinations to arbitrary councels , in terrour of your majesties good subjects . they conclude thus — we do therefore in all humility implore your sacred majesty — that for the ease of the hearts of your people , who are possest with extream grief and sorrow to see your majesty thus abused and the kingdom endangered ; that your majesty would graciously be pleased to remove the said duke of lauderdale from all his employments , — &c. wherein , if his majesty has gratified his people to ease their hearts from the said terrour , your lordship knows better than i. and in their addresses against the king's declaration of indulgence — they tell his majesty plainly , but with all humility — that penal statutes in matters ecclesiastical ( mark that ) cannot be suspended but by act of parliament — and yet some judges have been of another opinion , ( i know who , and where , and when , when time shall serve . ) and tho his majesty tell them in answer — that they question his power in ecclesiasticks , which he finds not done in the reign of any of his ancestors . and in fine — his majesty did desert the misinformations of earwigs , and adhered ( as most safe ) to his great councel of parliament , and did cancel that declaration — ( notwithstanding the suggested-power in ecclesiasticks ) and declared it should be no president for the future . let no man dare make any such suggestions for the future , and may such earwigs also be banish't to any part of earth , or into the earth — rather than thus to plague a king and kingdom at this rate , in all ages , and vex and grieve his sacred majesty and his parliaments — what a pother and a doe have parliaments had with these tantivies in all ages ? and how ruinous and ruful were the consequents — i know not whither you — my lord , can remember , but — i can , by woful experiment — you said you begun to know me — now you know me better , and i know you in part — i hope i shall know you better ; the onely design of this letter — i wish synods , and lambeth convocations , and bishops would keep to their bibles , and mind their own business ( work enough , in conscience , for bishops in england if they would stoop to be conformists to the act of uniformity , and more than a thousand bishops can legally perform , if there were so many in england ( for there was a greater number in a far less spot of ground in africa , contemporaries with s. austin the bishop of little hippo , that was never so big as islington ) which is not impossible ; nay — if we had a thousand bishops in england they could not at all do — the confirming work alone — let alone the work in the house of lords , and at the councel-board , and their promotions at doctors commons , and ther actions , suites , and declarations and libels , as action-drivers and promoters , and visitations , and vexations ) of ruinous consequence to the projectors as well as to the kingdom ) such as the tantivie doctrine of manwaring and little laud — that had better minded his book , his excellent book against fisher — then to turn politick-engineer , and master-gunner in planting of canons against the fundamental laws , that such tantivies are not skill'd in — but if they read but of a king in scripture , though it be rehoboam , ( that fool ) or caesar ( that heathen ) then heysday ! — for the pulpit — or the synod — hey for lambeth and the canons of . but , you will say , what have i to do ( a priest also ) with these state-matters ' to which i answer . . these state-matters ) improperly or foolishly handled by your tantivee-archbishop laud , and your tantivees ( bishops that would have been ) sybthorp and manwaring ) and by your tantivee canon . of the constitutions of was by you justified in your publick visitation , and before the mayor hnd aldermen of colchester , and the greatest part of the gentlemen of the town and clergy of that precinct ; and for you boldly to recommend or justifie this tantivie-canon of the constitutions of — — i know not whether all the clergy you have , or any friend in england would have thus adventur'd — suo periculo — to awake you out of this tantivee-dream — in which , as in the old disease ( the plague of english-men , and of english-men only ) called suder anglicus , or the english-sweating-sickness , if you sleep in it , 't is mortal , if you had a hundred thousand lives ; and i think you are beholden to me , above all mankind , him that you have thus vext above all mankind , for nothing but the cause — the cause of the kingdom — the cause — and fundamaentl-laws , scoff't at and derided by none but drunken tories , and sack-posset-tantiviees that cry — brother — let me pledge thee — brother sybthorp , brother two livings brother manwaring , brother arch-laud ; they will be loath to follow him though at the long run , and latter end — but it is that we must all come to — if we be tantivees — therefore as you love your self , my lord , and me — let me hear no more — in my part of essex — any more commendations , justifications , aggravations , or recommendations , of this ignorant synod , and tantivee-convocation — of lambeth — in their constitutions of — — nor of any such synod-men , that were never lick't into form-political ; let them tell sacred stories of god and christ — i but no more politick canons of — . against the fundamental laws — if you love me , or my betters , ( innuendo ) your lordship for one . . this politick-lecture of state-matters begun by you and your lambeth-synod has been a plaguyvexation to our kings and parliaments in all ages — read the history of the barons wars in king john's reign — hen. . hen. . the edwards — the richard's , the henry's — i had almost said — the charle's . by what i have said , you read the said bickerings in the reigns of king charles i. and our present soveraign king charles the ii , and his loyal house of commons , then which never any king was more happy than he in that — yet ( though ) chosen in a time of languishing expectation , after the prosits and benefits of a king ( which we had too long wanted ) they were english-men still — and he 's an ass that expects a fitter juncture or more auspicious election — for the choice of parliament to carry on any designs but what are catholick , and according to the good old cause — i mean the fundamental laws — which not a few swearing and beggarly pamphleting tories , and unthinking and very impudent tantivees , and withal very ignorant , are able to defeat , though they draw down their canons of — which i thought had been nail'd and damn'd , and ram'd . years ago , by the tories themselves and tantivees to whom they prov'd so fatal — will men never take warning ? must parliaments always be plagu'd with these earwiggs and tantivees ? flaterers and court sycophants , and blesphemous insinuators of divinity into humanity by a most atheistical invention of a new hypostatical vnion — but the holy trinity admits no partners , though the priests teach us , or inculcate never so villanously , traiterously , falsely , illegally , unscripturely , irrationally , or blasphemously . it is a high shame , that 's the truth on'c , that such tantivee-doctrines should thrive — and such as stand up for the ancient laws and liberties must suffer above all others : 't is a shame , power should be thus abused ( like a silk worm ) to ruin and consume its self to bedeck worse vermin — 't is a shame — i will not venture to say any more — but draw a curtain over some mens shame , because i will not show — all — their nakedness — i forbear — my lord i have done — and leave you to think sadly to think ( and with sorrow ( i hope ) and repentance too ) for justifying this first canon of the constitutions of . those chequer-works of different hue — black and white — good and bad — especially the first of them — nigro carbene notamur — let you and i remember that first fatal canon of the . of the constitutions of . that has been so mortal already , and will still prove ( without very timely and immediate repentance ) baneful to one of us , or rueful to both of us , or to this kingdom , state , and common-wealth . but still you will object — what have i to do to discuss these state-matters , sit chiefly for a parliament ? i answer — that you have given the occasion ( the sad occasion ) it now becomes me , and becomes necessary what before had been as impertinent as for a bishop or synod-man to meddle in the state-affairs . but . do you compare my skill or learning or vndeastanding in laws and state-matters — with meer cassock men , meer synod-men , that never yet were lick't into other form or fashion , than their own tantivee will and inclination — undisciplin'd , unrefin'd in judgment , by the study of the law of the land , the study of men , and the laws and tempers and constitutions of forreign kingdoms , more whereof i have seen than some tantivee circingles ever read off ( in heylin's geography , if they have it ) and do you compare my knowledg-salt-water-souldiers knowledg in state-matters , do you compare us that have been souldiers ( at least on this side the water in times of peace ) with meer cassockmen ? i hope there is no compare , at least the comparison is as odious , as groundless . but , i had almost forgot the provost of eaton , where i left him ( mr. rous to the speaker ) saying — for a conclusion , to give you the true character of this man ( dr. edward manwaring ) whom i never saw , i will shew it you by one whom i know to be contrary to him — samuel — ( we know all to be a true prophet , now we read of samuel — that he writ the law of the kingdom in a book , and laid it up before the lord. and this he did as mr. manwarings own authors affirms — that the king may know what to command , and the people what to obey . but , mr. manwaring , finding the law of this kingdom written in books , tears it in pieces , and that in the presence of the lord ( right tantivee ) in a pulpit , that the king may not know what to command , nor the people what to obey . thus mr. manwaring being contrary to a true prophet , must needs be a false one , and the judgment of a false prophet ( mark that ) belongs to him . i have shewed you an evil tree , that bringeth forth evil fruit , and now it rests for you to determine , whether the following sentence shall follow , cut it down , and cast it into the fire . thus have you seen , my lord , what a pother and a do , these clergymen have made in the kingdom , how parliaments have been plagu'd with these tantivee-jehu's , ( nay kings most of all , and themselves also ) the rash phaeton's setting the world in a flame by ambitiously mounting and driving switch and spur , gallop and tantivee in a chariot they have pride to mount , but no skill to drive , sindging and burning themselves to boot in flames of their own kindling . in your next visitation , i hope , we shall hear no more of these canons and constitutions of — — i wish it for my own sake , that would avoid all occasions of contests , differences , suits and disputes with all men , more especially with you , but i wish it also more for your own sake , you will most repent it in conclusion , if it take air , and be nois'd abroad so loud , till it come to the ears of the king and parliament , ( when we got one ) his majesty has promis't his subjects frequent parliaments ; the fundamental laws ; which whosoever attempts to undermine , and liker another faux , to blow up , it will be his ruin , and fall heavy on his head . better leave no lands , no fields to our heirs , than akeldama's only , or fields of blood ; or else in base tenure , at the will of the lord — much worse , at the mercy of every court sycophant that may well beg us and our estates for fools , if we be willing to part with our fundamental laws for manwaring's sycophantry , or , your so magnified can. . of the constitutions of — . and , in your next visitation , not my sufferings will so far daunt the english-clergy , but that they will remember , they are englishmen , not scots , nor irish tories , nor lambeth canon-men , especially when their eyes are a little more opened with more naked-truth — for magna est veritas & praevalebit ; men will not long be blinded ( under pretence of loyalty ) to abuse the king , the constitutions of the kingdom and themselves and their posterities ; nor be willing to bold their liberties , their estates , their lives , their wives and their livings ad nutum episcopi , no , nor ad libitum regis , but ad libitum legis . oh vile slaves ! willing by cowardly pedantry or ambitious sycophantry to be hoodwink't , and led by the nose to a certain precipice and ruine , or , to have a ring put through their nose , and led about like bears for sport , or , collars about their necks , because enamell'd perhaps , or made of silver — and snapping and biteing and snarling at him above all others that would take the collars off , wnuld unringle them , would unhoodwink the blind-men buffs in spight of their teeth : i 'le do 't , i am resolv'd , let them snarle and bite — poor hearts — it is their nature — they cannot help it , nor can i in reason expect other requital of my charity , i know them , the men and their communication — the men and their innate envy , and peevish revenge : in time , they will grow better , when prejudice and passion makes them not forget that they are englishmen ( not irish-men ) christians , ( not bigots ) and willing to be governed by our ancient english constitutions and laws ( not the manwaring and laud's canons and constitutions of — . ) have we , with so much adoe , been puzzling all this while , these years , and are we not yet got over the lambeth-canons and constitutions of ? must the church and kingdom twice be split on the same rock ? some men endeavour it might and main ; or else the loyal long-parliament were not the happy house of commons ( as the king styles them ) at least not happy in their intelligence , if they struck so violently ( without sufficient reason ) against duke lauderdail and the earl of danby , for this very cause of the kingdom , the good old cause ) ( without a sarcasm ) good for the king and kingdom , the best and surest , if not the only way to make the king and kingdom happy , safe and pleasantly united , against which ( the old and true foundation and principle ) none ever yet attempted , but it prov'd his ruine , bringing the old house over his head. and when you hav impartially weighed the mischiefs that have attended these new sybthorpian doctrines , manwaring and dr. lauds false canon of — . you and i shall never more quarrel , nay , let us now shake hands , enter the ring again , and try the other touch in a new tryal , or , let us shake hands , and be friends , and on condition you be so good natur'd as to remit this vnconscionable and outragious verdict i to shew my good nature , in requital will remit the injuries aforesaid , the original sin that has tainted the consequent differences and contests , i hope i have in this long letter given your lordship such sufficient satisfaction about the canons of — the vanity , the mischief and falshood especially of the . canon thereof that , like eager disputants , we shall end just where we began , and yet , both be wiser and better , and the kingdom too , for this contest , and then this outragious and vnconscionable and vnreasonable verdict will have a happy issue , in either curing the st. anthonies fire heat and tantivee-flame , that has not only endamaged me , but endanger'd the peace of the kingdom , if we believe the late long and loyal parliament , or if not convert , at least convict and rise up in judgment against those erostratus's , that get great titles by setting the church on fire again by such tantivee-heats as produc 't and brought forth that destructive-canon . of the constitutions of and burnt a fine church . yet some tell me , that all this long letter is but labour in vain , that you are set upon a will and revenge , and whom you once hate you know not how to remit , but i have other hopes : surely i do not wash a blackamore , nor preach thus long a sermon to as little purpose as st. bede when he preacht to a heap of stones , or , as if i were preaching to the rocks , near silly , called the bishop and his clerks , you cannot be so stony-hearted i think : but , either you will remit the verdict and be friends , or accept of those honourable and profitable proposals which i hear make you of a new-tryal : and if you will do neither , the world shall know it , that they may judge betwixt you and me , and my six substantial witnesses , and your single , interessed witness , that swears for his own ends , to get me out of my rights , which you have unlawfully indeavoured to invade by an illegal sequestration , the cause of the words betwixt us : and the canons of the cause and first occasion of your displeasure against me , which made you so willing in defiance of ( tim. . . ) gods holy word to receive an accusation , nay , and prosecute it too , upon the single testimony of an in famous wretch , who wants the necessary accoutrement of a lyar , a good memory , whom i have begun to prosecute for the perjury : i hope you will not still countenance him against such a man as i am , i have also prosecuted for perjury your other apparitors , groom , martin , and your six procters of doctors-commons : blush for them , help them not for for shame — ( i hope ) no — noli prosequi nay i am advis'd to make an attaint against the jury . i have in this letter , made very sharp reflexions and corroding epithites , of the laudian-faction and tantivee-principle ; it is not rashly done , but upon good advice , such spreading cancers and dangerous cannot be corrected , check't , nor cured without precipitate corrosives . for this lambeth divinity ruins humanity , polity , and policy . we do not live in muscovy ( where john valevodsky ( i believe i do not write it right ) the muscovy-duke and emperour of russia , tyrannically laid a tribute ( upon the people ) of several bushels of living fleas and ( in default ) an outragious fine and arbitrry . if it had been bushels of dead fleas , i believe i knew where he might have been fitted the last summer but fleas have a skittish property , and are sooner kill'd than jail'd , or put into pound , except they be dealt with as the spanish fryar dealt with the musquetoes of the bay of campeachy in america , namely , he excommunicated them , and then every body knows it is not very far to the jail or pound . the tyrant had as good have seized their lands , their liberties , their lives and their wives , without the ceremony of bushels of fleas ; only to pick a quarrel — for so the tyrannical bashaws of egypt at this day , bring thither a ship load of tin , and without the philosopher's stone , turns it immediately to a ship load of silver , by sending to every man , according to his estate , a quantity of tin , commanding them to send him , the like quantity of silver , and so the bargain is made ; or , if they do not like the bargain , a mute goes along with the janizaries , and does the mens business with a bowstring , if they do not cheat them , and save them the labour by making use of his own bed-cords , before they come nigh when he first hears they are coming and knows their errand tyranny needs no ceremony , but a long sword. these arbitrary cruelties are common in turky , muscovy , and a little ( i fear ) in france , and the priests make them believe they have a jus divinum , and express texts of alcoran ( in english ) holy scripture for all ; but the canons of . are not yet canonical , my lord , nor ever shall if i can help it , though you prosecute me with all the united power , privy whispers , affidavits , verdicts , articles , libels , supplicavits , informations , declarations , suspensions , silencings , jails , and bails , or your severest weapon , namely , ( what the fryar frighted the flys with ) excommunications . but i have by this fair proposal so profitable to you acquit my self in the judgment of all ingenuous men ; for if it be profit , or my money you seek , that i will secure , if you recover by an indifferent jury ; if honour , that is better secur'd , by this proposal : for it can be no honour to you , if you dare not try the cause before ( not a pitckt jury for the nonce ) but such a jury as is indifferently return'd upon other tryals . and if nothing will prevail with you but you 'l keep the catching hold you have got , nor listen to any thing but revenge , revenge , except i make dishonourable and base submissions , then scabbard ! be gone — fight on — be bold , and let him fall that first says — hold , i believe you do not read my books , for if you had impartially weighed the th . page of naked truth second part . second edition , i should have been more in your books then the canons and constitutions forty . read hen. . . or acts. . . . against spiritual-apostolical-persons medling with temporal councels and employments , disdain not to bedrawn out of a pit with rags — and do by me as you would be done by , when time shall serve ; for these contests are but a kind of hot-cockles , there will be no sport if we do not lye down in our turns ; especially when i prophesy so right , why , and how , and who it is that smote me . neither despise nor reject with scorn the good admonitions in this letter ; if i had not lov'd you well , and better than you deserve at my hands , i would not have bestowed so much pains upon you . but there is seldome a greater plague attending greatness than the flattery of their own judgments and conceits , as well as the flattery of sycophants without ; but what non-sense is it ? the king can make a man a knight , but he cannot make the knight one jot the wiser or more learmed ( he may be the poorer ) for his title : the king can make a bishop , but all the kings in christendome cannot with the lord convey learning and wisdom , but usually less ; for a lord-bishop has more diversions from his studies and books , by attending councils , and parliaments , and confirmations , and procurations , and visitations , promotions , suits and vexations , that it is next to impossible that he can study so much as a country vicar . robert grotshead , bishop of lincoln , writ a letter monitory to the pope , and the distance betwixt them two was was far greater than betwixt your lordship and my self ; nay , abbot bernard chid pope eugenius , and call'd him all to naught ; — the world is the better for these letters though pope eugenius was hardned in wickedness , and incorrigible , till the council of constance took him in hand conven'd him before them , imprison'd and unpop't the old gentleman , a● an adulterer , sodomite , symoniacks , &c. i am sure of one good event of this letter , namely i have acquit my self in my own conscience that i have thus studied the way of peace as well as truth — and by my fair proposal for a new tryal ; but if you reject it you get nothing but my bones when you catch them ; but the honour will be mine , in that you will seem to be convicted in your own conscience , that if i have fair play , i must worst you , having six to one against you , six honest witnesses to one little infamous one — that has not the docility or memory of a parrot or magotte-pye . for all men that have any briskishness of spirit are herein like tennis-balls , which you may safely handle and play with , nay , toss and bandy too sometimes ; but if nothing will serve your turn but with violence to throw them right down , or down-right , 't is odds , if they do not rebound , and hit you in the face with eagerness answerable to the impetuosity . and if no other councils but what are violent , will reach your ears and heart — go on — in time you will find ( as to tennis ) i will return your very best with excellent design , and perhaps into your hazzard — or — hit the hazard of your partners and partakers ; nay , i will write your epitath , that in memory of your conquest , and how obtained , shall outlast your tomb , and celebrate your name and fame to posterity ; though i cannot say , but it might have been more honourable to you to sport with flora ( as now do you ) at 〈◊〉 , then to be a promoter ( by my pen recorded for ) a promoter . for every thing has two handles , if a prudent man cannot hold it by one , he can certainly hold it by the other — nay ; even when he falls he falls but like a dye , which slur'd or cog'd or thrown which way you will , always rests on a true side and right bottom ; it is true i suffer , but the original sins was yours , in that illegal sequestration , and the justifying that first and worst canon of the constitutions of forty . thus am i whipt upon others backs that deserves the lash more then my self : sometimes you hold up to the men of doctors commons ( as promoter ) and they slash me with suspensions , excommunication ; and sometimes they take turn and hold me up to you by swearing against me , and then you swing'd me with supplicavit , affidavits , outragious verdicts ; between you both , i have had a good time out , i thank you ( with twelve men to help you ) pay'd me off to some tune at — chelmesford . now if you would be but as good to me as you were to the men of doctors-commons , the employment would be less drudgery , and more honourable ) as being a piece of justice for which the nation would call you blessed — namely — that you would turn promoter or informer against them for their many and impudent , dayly exetortions and oppressions of the kings subjects 'till they groan again — or , if that will not please you — do but hold them up to me — see how i 'le make them frisk again — yet — a little nearer — yet nearer — let mee but have them within my reach , and i will so chastise them , that the whole kingdom shall joy in me . but i confess to your lorship i do not like the sport , i had rather be quiet , if you and they would suffer me to rest , my lord , your lordships ( humble as well as ) humbled servant edm : hickeringill post-script . since i writ this , i missing of mr. firman , ( whom i never saw ) — carryed this letter my self intending to present it , as well as write it , with my own hand — but your porter and maid ( all the family i could find at london-house ) told me that you kept not hospitality there , but was gone to your country-house , for this summer , i know not how well to get it to your hands , nor how , nor when i shall have your answer , i going home to morrow , and therefore have order'd it to be printed , hoping that way it will not miscarry , ( whatever the manuscript may do ) which i have this day sent to you by the porter . and yet both may miscarry , for i could never yet find that you did ever read my letters , except to cavil at them , and produce my very apologies as evidence against me ; for my part i know not how to deal with you , you are too cunning for me , ( i am sure ) too powerful and when the quarrel first began about this tantivee , heylins , manwarings , sybthorp , lauds principle and canon , you did so espouse the cause against me and the good old cause and was so angry , that before the mayor and aldermen of colchester ( if you could have disgrac't me thereby ) you passionately said — that you never desired more to talk with me . for , ( i confess ) i was pretty warm upon you for your lambeth-canons , and you 〈…〉 not have netled me worse than to fright me ( with what the late loyal-long-parliament in their said address to his majesty confessed to be a terror to them , and grief of heart to his majesties subjects ) to hear of a manwaring , a heylin , a laud , a syhthorp , rediviv'd , or their canons or principles so destructive to the fundamental laws or the good old cause . but you are so seldom resident at london ( the great episcopal workhouse for a bishop of london's presence and residence ) and at fulham the greatest part of the year , that if you would admit a conference with me ( which would be good for both of us ) yet i know not how to obtain it , except i go to fulham , which is out of my way ( and so will be ) till you come to london , where the perpetual residence of a bishop of london is absolutely necessary , ( especially , since the new-buildings have almost doubled your diocess ) that if you had nothing to do there , but only to bishop or confirm all saints and all souls therein , if you were as high and great ( and i believe you are now past ( the age of ) growing , but if you were now as great ) as the giant bryareus that had hands , they would all be too little for the performance of ( one single episcopal badge ) the confirmation in the common-prayer-book . nor does the rubrick say , that men are bound to take a pair of oars , and go by water to fulham to be confirmed — as if men were dipt with the error anabaptistical , and thought it necessary to go to heaven by water , ( more then needs . ) surely , you came lately from reading the eucomiums given to laud by that blind ( in a double-sence ) that old tantivee-bard — peter heylin , upon that archbishop , and i would not have you ( whom i love so well ) to be so ambitious as to desire to be his successor , ( though ) to follow his steps : i hope you will be wiser before you come to the grave ; they are dangerous steps for you — believe me. the conclvsion . this letter is the quintessence and epitome of the whole book , and may ( for a shift ) serve those that will not or cannot find leisure to read the whole book , and though writ raptim , and in haste , yet ( though i say it that should not say it ) worthy for the matter to be writ in letters of gold , and transmitted to all posterity ; the subject is so good , so seasonable , and so needful to be handled . for however it happen to work doubtfully upon teagues and irish-tories , and slavish prostituted and hackney-pamphleteers ; ( whose only religion is their gain ) yet i doubt not but it has sufficient vertue in it to convert all english tories and tantivees , that are not sworn-slaves , and make them perfect whiggs : whose numbers increase daily ( they are never the fewer for me and this contest with the bishop ) and multiply wonderfully ; and so will still , when things are well-consider'd , and impartially-weighed , according to our ancient , honourable , safe , and most excellent english frame , and constitution of government ; our kings are kings of france , but ( god forbid ) they should be like the french king ; then indeed ( as the tantivee-preacher ratled it ) our very souls would not be our own , nor ( scarcely ) would god be suffered quietly to enjoy them , as his share , but all would be caesars , our estates , our libertiet , our children , our lands , our lives and our wives ; and then , what shall we have ? nay , what shall god have ? if all be caesars ? such tantivee-fops and senceless preaching-sots deserve to be hang'd , and till some of them be so served , or , made exampels of , we shall never be freed of these english incendiaries ; ( tory-pulpiteers , and tory pamphleteers ) but be ruin'd ( twice in an age ) with one and the same plagues and pests . and work ( as negroes do in barbadoes ) by day for their masters , and at night lie with their wives to get slaves for their masters too : and is it not better to have no charters , no priviledges , then to serve a weary apprentyship and give money to boot , for our freedom , and yet hold them by no surer tenure , then till a courtier be displeas'd , or wants money ? and as for ecclesiastical courts , if car. . . be in force , and was never repealed , and that the car. . . ( repealing car. . ) can never be construed to repeal , car. . then what force have they or power toward , impose or inflict any pain , penalty , &c. nor did they , or durst they inflict any pain or penalty ( as loath to venture l. for every offence ) nor did they censure any , till car. . . repealed car. . . but if it did not repeal car. . . as it is evident upon the parliament roll , it is car. . . that repeals the branch of eliz. — i think they have brought their hogs to a fine market , and stand liable for all the mischief they have done , to souls , to bodies , and to bones . i believe some in the parliament ( at least did intend ) to repeal car. . . but if it be ( as it is a great mistake ) it is fatal , and not to be remedied , but by a parliament , and if ever they should be so bold and daring as to inflict any penalty upon me — have at them for the .l . besides , i doubt not but edw. . . is in force ; for though it is repeal'd by mar. . yet that mar. . is repeal'd by jacob. . and samson is unbound again remoto impedimento revivescit ; and herewith agreeth the book-case in . ed. . tit . petition placit . . coke mag . chart , . 't is true that : jacob two questions were moved , first whether any bishops made especially since the first day of that first sessions of parliament . jacob. were lawful or no. . whether the proceedings in the ecclesiastical-courts , being made under the name stile and seal of the bishop were warranted by law ? the chief justices agreed that edw. . . was in force — for though the act . eliz. . revive the . hen. . . which empowers bishops to act as formerly , ( and consequently or obliquely the ed. . . is struck at ) yet can any man in his right wits imagine that it is either true or safe , that a statute should be repealed obliquely , and by consequence without the least thought thereof in the legislators ? this would be of most dangerous consequence . but the legislators could not think of repealing that which was actually and expresly at that time repealed already by . mar. . nor of repealing the ed. . . by . and . phil. and mar. . which was repealed already by mar. and . . phil. mar. that does not repeal ed. . . by name and consequents will not do , nor inferences , this is tricks and wiredrawing , to defeat a statute-law by finess or nicety of wit , or lawyers-criticisms . and therefore there is no need of flying to eliz. . for the repeal af . . phil. mar. . yet the judges generally extrajudicially were of another opinion . the case deserves the resolution of the judges in open-court , or in a parliament , or both ; an extrajudicial judgment then has been in jan and july and the judges gave their opinions as the bishops best liked , ( dr. laud especially ) but the same judges also to please him , were for the legallity of ship-money , and customes ( unsetled by parliament ) see appendix of dr. godolphins abridgment of laws . and coke instit . c. . p. . . the lord coke was overawed by the high-commission court , now the law is not in awe , though the gentleman that gives this narrative of the said tryall did not take it in short-hand ( he that has so vast a memory shall not need ) nor yet is willing to be known to be the author of these observations ; not that there is a a word or line in this book that he is not prompt , and at hand and ( to chuse ) willing to justifie , if any dare be so bold , daring and impudent , or so very ignorant as to oppose these profitable and well known truths , backt with the gospel and the law ; ha ? let me have no grumbling — you may whisper , point , make dumb-shows and signs ; but — i will have no grumbling aloud . but he is not willing to put his name to this book as author , yet nevertheless ( according to the common-custome of learned authors that preface their works with their own pictures or effigies ( they shall not need neither , some of them are not so handsom● , no more then the course face of this blunt author ) nevertheless the author ( to humour the common vanity ) gave me leave to give you part of his effigies , or a halfe-face of him , pourtray'd as followeth ( not in his first but last page of his book ) ( if you be oediposses ) you may soon unriddle the aenigma ; the author has a soul so great — i 'le say no more on 't — but as for his fancy and invention the whole creation is so immediately at its beck , that ( like chambers to be let ready furnished ) it never wants apt epithites , metaphors , or expressions to elucidate the thoughts of his weightier matter and judgment . but ( which are seldom pairs in one man ) his memory ( ay , that , that same — his memory ) like the french king , seizes all it can lay hold off , right or wrong : or like the men that drive the commons , impounds all that comes to hand — or , like a drag net , it sweeps all , and retains all , the good , the bad , but what its better judgment purposely waves and throws away , or like a serjeant , a bum , a snap , a trap , or a right english-mastive never lets go its hold , except the piece come out , when it has once laid hold ; and married , coupled or matcht with a body so perfect a slave to the greater soul , that it never tyres or playes the jade when set at work sometimes unmercifully and most tyrannically us'd , and yet the willing slave , like good horses , keeps it's self in good case , tight and in good plight , & for a sinner , if it were not sometimes priest-ridden , or rid with the spiritual incubus , or night-mare , i say , for so great a sinner — well to live-plump & fat - desiderantur caetera . thus have i with a pen , not pencil drawn the authors-picture ; and there is in some men's styles as in faces and features , such peculiar idioties and distinguishing ayres from all others , that it is needless to write the authors-name ( as was , over dull painting , accustomed of old ) — this is cock , this a bull. for the notoriety is as easie and remarkable , as a pick't jury , or a tory sheriff , or a hunted deer , that may indeed ( endeavouring shelter ) a while be concealed amongst the crowd , but any easie sagacity may single him out from the common herd . but do not you , ( ye weekly libellers and dirty pamphleteers ! ) do not you prophane any more this effigies ; especially trusty roger , mr. observator ! tremble at aspersion , least the villanous attempt you made against the printers widow , ( now mr d — s wife ) rise up in judgment against you , to her unspotted honour , and your strange and unheard of villany , look too 't — and d●re not to bring your works of darkness to light , the modest gentlewoman , which your goatship would have prophan'd , is yet alive to attest your villany , though you promis'd her , that , if she would consent to your goatship , or towzers heat ( above the rage of dog days ) you would , being then press-master , permit her to print all the quakers books and unlicensed pamphlets — only she should lay them aside before your coming to make a search , of which you would give her timely notice . ah! villainy — to make the kings favour and trust in trusty roger , a pimp to trusty rogers goatish lust ; oh tantivees — blush at your observator , do not hereafter ( ye reading don 's of the pulpit ! ) do not hereafter take matter out of his weekly pamphlets for your reading lectures in a country-church — blush at your whory , roary , scory , tory observator ; of which , mr. observator , i cannot but , in kindness to you , make this observation , to check , if possible ) your prophane billingsgate ; as if you were — sworn seavinger as well as pensioner to the tories and tantivees — but i spare you at present — however deface not this pourtrayture — this is no common effigies , nor every mans share — this is not the face of an hermophrodite or lay-vicar ( false and base , as treacherous and low — exton — what ? prefer the favour of a bishop before hickeringill ? it is a sin to cast dirt upon this medal : but if any silly tory or unthinking tantivee be so fool-hardy , he knows he may , in just requital , expext ( but that they are not worthy ) a whiggish mvshroom . finis . notes, typically marginal, from the original text notes for div a -e ☜ ☜ ☞ ☞ ☞ ☞ ☞ ☜ ☞ ☞ ☞ ☜ ☞ ☜ ☜ ☞ ☜ notes for div a -e see the declaration of the middlesex justices : * bonifac. a. ca. conc. lambeth . . h. . . conc. lamb. sim. islepe . ar. can. . ed. . . ☞ another merlin , another merlin . episcopus non potest petere à subditis , nisi probaverit ea sibi debere per canones . con. othob . domus . etiam lynd wood provinc . hosea . . because thou hast rejected knowledg , i also will reject thee , that thou shall be no priest to me . hos . . , , , , . quae ignorantia multò magis detestanda esset in episcopo , seu majori prelato . lynd. con. otho . sacer. ord. verb. illiteratos . historic . collect. vol. . p. . ☞ ☞ job . , . job . , . psal . . . psal . . , . psal . . . ps . . , . psal . . , . psal . . , , , , , , . psal . . , , , , , . psal . . . psal . . , , , , , . psal . . ☜ ☞ ☞ ☞ ☞ mantoarings sentence . . . . . . . ☞ ☞ ☞ ☞ ☞ ☞ ☞ ☞ ☞ ☞ ☞ notes for div a -e ☞ a ready way to prevent bribery, and to make good the prince of orange's declaration, humbly presented to the honorable convention. by a lover of his country lover of his country. approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing r b estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a ready way to prevent bribery, and to make good the prince of orange's declaration, humbly presented to the honorable convention. by a lover of his country lover of his country. sheet ([ ] p.) s.n., [london : ?] imprint from wing. reproduction of the original in the henry e. huntington library and art gallery. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng william, -- king of england, - -- early works to . ballot boxes -- early works to . great britain -- politics and government -- - -- early works to . - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion a ready was to prevent bribery , and to make good the prince of orange's declaration , humbly presented to the honorable convention . by a lover of his country . the use of the balloting-box being a sure way to prevent bribery , and to make every man give his vote according to the best of his judgment , because he can get nothing by doing otherwise , no man can sell his vote , when it cannot be known how he gives it . that this is necessary to be considered at this time ; do but remember what hath been the constant practice here in england of our court , city , country , westminster-hall , and parliament house . we will here only set down in a few lines somewhat of the practick part ( for it is used in some cases with more nicety than in others ) in great councils of state ; we will mention the most facil here . the electors being assemble in some convenient place , as a great hall , &c. the doors are shut up , and the prime officers who assemble or call together the electors , keep the keys till the election be over . the chief officer chosen for that purpose , takes the ballot-box , and opens it in the view of all the company , to see that it is empty , and without secret conveyances ; then placeth it on the table for that purpose at one end of the room , and calls such of the company as set next one by one , and gives to each a ball in the sight of the people , a little ball made of fine linnen , as at venice ; he puts it into the box , either the affirmative or negative , and so departs to one side from the rest ; and then he calls the next , and does the like to him ; and so of the rest , till and are called : all who have voted stand on one side the room apart by themselves till the voting is over . the box is somewhat long , and hath a partition in the middle , the which hath two holes to drop the ball in , which are taper-wise , broader at the top and narrow at the bottom , the right-hand hole is for the affirmative , and the left for the negative . and because that no man shall know on which side a man puts his ball , ( who is giving his vote ) there is a place roundish made in the box , to put in the hand and arm almost half way to the elbow , so as the hand being in , the party may let his ball drop as he pleaseth . when all have done balloting , the box is opened , and what is in the affirmative noted down . then the next competitor is balloted for as the former , and so of the rest and he who hath most votes in the affirmative is elected . all very easily performed , as in east-india and other companies and societies , both here and some other governments , in a short time , without noise , without tumult , without animosities ; and the most deserving is always endeavoured to be elected . notes, typically marginal, from the original text notes for div a -e place = " inter " n = " * " in some places they use beans . place = " inter " n = " † " they may also be distinguish'd by the colours black and white . by the king. a proclamation warning all his majesties good subjects no longer to be misled by the votes, orders, and pretended ordinances, of one, or both houses by reason the members doe not enjoy the freedome and liberty of parliament. with his majesties gracious offer of pardon to the members of both houses, and of protection to such of them as shall repair to him. england and wales. sovereign ( - : charles i) this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing c thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) by the king. a proclamation warning all his majesties good subjects no longer to be misled by the votes, orders, and pretended ordinances, of one, or both houses by reason the members doe not enjoy the freedome and liberty of parliament. with his majesties gracious offer of pardon to the members of both houses, and of protection to such of them as shall repair to him. england and wales. sovereign ( - : charles i) charles i, king of england, - . sheet ([ ] p.) by leonard lichfield, printer to the university, printed at oxford : . dated at end: given at our court, the day of june, in the year of our reigne. reproduction of the original in the british library. eng great britain -- history -- civil war, - -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no c.r. by the king. a proclamation warning all his majesties good subjects no longer to be misled by the votes, orders, and pretended ordinanc england and wales. sovereign b the rate of defects per , words puts this text in the b category of texts with fewer than defects per , words. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion c. r. by the king . a proclamation warning all his majesties good subjects no longer to be misled by the votes , orders , and pretended ordinances , of one , or both houses , by reason the members doe not enjoy the freedome and liberty of parliament . with his majesties gracious offer of pardon to the members of both houses , and of protection to such of them as shall repair to him . whereas we have been long since driven by force and violence from our pallace at westminster ( the place of sitting for us , and our two houses of this parliament ) so that we could not with safety of our life be present with our great councell , and much the greater part of the members of both houses of parliament have been likewise driven by tumults and force for their safety from their attendance upon that councell , the said members having been threatned and assaulted for delivering their opinions freely in the houses ; or have out of conscience and duty withdrawne themselves from being present at the debates and resolutions , which they have well knowne to be so contrary to their duty and allegiance , or for so withdrawing , or for freely speaking in the houses , have been expended or suspended from being members of that councell , contrary to the ancient practice , and just priviledges of parliament . since which time , and by which meanes , a great and rebellious army hath been raised against us , under the command of robert earle of essex , which army hath not onely endeavoured to take away our life from us in a set battle , but the same , and other forces raised by the like meanes , hath committed all the acts of outrage , robbery , and murder , upon our good subjects throughout the kingdome , and still continues to doe the same . and though in truth , a very small part of that great councell remaine there together , yet under pretence of having the countenance of our two houses of parliament , some seditious persons assume to themselves ( with the assistance of those rebellious armies , and of divers mutinous and desperate brownists , anabaptists , and other ill affected persons in our city of london , by whose meanes they awe such members of both houses who yet continue amongst them ) a power to doe things abslolutely contrary to the lawes of the land , and destructive to our rights , and to the liberty and property of the subject , and to alter the whole frame and government of this kingdome , disposing of the lives and fortunes of us , and our good subjects , according to their discretion , subjecting both to their owne unlimited arbitrary power and government : we have only accused some particular persons , whom we well know to be the authours and contrivers of these desperate counsels , and actions , and have forborne to censure or charge the whole number of the members remaining , by whose orders and authority the evils have been pretended to be done , we hoping that the sense of the miserable distractions of the kingdom would at length have brought them to discern where they had erred , and our ●ften messages , and complaints of the violence offered to us , and to the members of both houses , would have procured justice & redresse and that the power and reputation of such amongst them , who wished well to the peace of the kingdom , and honor & dignity of parliaments , would at last so far prevailed , that a right understanding might have been begotten betwixt us and our people , and all shew of force and violence so taken away and suppressed , that we might in a full and peaceable convention of parliament , with the advice of that our great councell , have so setled the present distempers , that there might be no feare left ofthe of the like for the future . but finding to our great griefe , that the power of those seditious persons , who first contrived these desperate and bloody distractions , continues so great , that as they have driven , and now keep us , and the much greater part of both houses , from being present at that councell , so they so far awe those who remaine there , that they cannot with freedome give their votes and resolutions according to their consciences , and the laws and constitutions of the kingdome , that the members of both houses have beene compelled to make protestations to live and dye with the earle of essex , the generall of the rebellious army , and other unlawfull and treasonable protestations ; and that such who have refused to take the said protestations , have been expelled and imprisoned for such their refusall . that the great affaires of the kingdome are managed and concluded by a private committee without being ever reported to the houses , contrary to the laws and rules of parliament . that the common-councell of london ( most of them being persons factiously chosen out of brownists , anabaptists , and such who oppose the regular wholesome government of that city , and have promised themselves the destruction of the church , are grown the superintendents over both houses , and obtrude upon them what conclusions and resolutions they please . that they take upon them to justifie this rebellion against us ; and have presumed under pretence of the order of both houses , to invite forraigne forces to invade this kingdome . to send agents to forraigne princes to negotiate and treat with them in their owne names . to imprison our good subjects contrary to law , prohibiting our judges to grant habeas corpus according to law . to introduce a new clergy throughout the kingdome , by displacing godly learned divines , without the least colour of law , or judiciall , proceedings , and putting ignorant and seditious preachers in their places to poyson the hearts of the people . to countenance the vilifying of the booke of common-prayer established by the law of the land . to seize , leavy , and take away what they please of the estates and fortunes of our subjects by disposing of the twentieth part of their estates , by exhausting them with unsupportable weekly taxes for the maintenance of their rebellious army ; and by endeavouring to lay odious excises upon victuals , goods and marchandise of our people for the same purpose , while they suffer our poor protestant subjects of our kingdome of ireland , whose defence was undertaken by our two houses , and that army raised for the suppressing of that horrid rebellion , to be starved , and in danger of disbanding , or necessitated to desert that kingdome for want of money , victuall , and such other necessaries as were to be provided for them by act of parliament , out of those moneys which they have spent to destroy us and this kingdome , by exacting from marchants tunnage and poundage , and other impositions upon marchandises , as well native as forraigne , contrary to an act made this present parliament , with a penalty of premunire on those who shall pay or receive it . and lastly , that they have ( after the breaking of the late treaty , by a peremptory recalling the committee , who in truth , during their abode with us , had no power to treat by reason of their strict limitation ) so far rejected all possible meanes and overtures of treaty and accommodation , that instead of answering our gracious messages , the house of commons hath imprisoned our messenger sent by us to them , to invite both houses to an accommodation , and especially to move them to take such a course for the freedome of parliament which we might safely advise with that our great councell for the setling those miserable distractions , and distempers . and hath maliciously and in contempt of us ( and after an attempt to murder her at burlington rode , the place of her landing ) impeached our royall consort of high treason , for assisting us with armes and ammunition to defend us from this rebellion . t is time now to let our good subjects know , that they may no longer looke upon the votes and actions of the persons now remaining , as upon our two houses of parliament , freedome and liberty to be present , and of opinion and debate there , being essentiall to a parliament , which freedome and liberty , all men must confesse to be taken away from this assembly , when they remember the great tumults brought downe to awe and terrifie both houses , and that they were then brought downe when any great debate was in either house , and not like to be so carried as some seditious persons who governed those tumults did desire ; that in the greatest heat and fury of those tumults the principall governours amongst them directed the unruly people to goe to white-hall , where our owne person then was , and designed by force to have surprised the person of our son the prince ; that when it was desired that a declaration might be made against such tumults , in stead of consenting thereunto , the tumults themselves were justified ; and when a legall course was prescribed by the lords , and taken by the proper ministers of justice to suppresse and prevent such tumults , and riots , that legall course was superseaded by those who were then present of the house of commons , and the ministers of justice punished and imprisoned for executing the law , when they remember that severall members of either house have been threatned and assaulted in those tumults , and their owne names prescribed as persons disaffected , because they freely used to speake their consciences in both houses . that the house of peers have been so far threatned and menaced , that the names of those have been with threats demanded by the house of commons at the bar of the lords house , who refused to consent to this or that proposition which had been in debate before them : and tumultuous petitions countenanced which have been presented to that same purpose . that the members of both houses have been imprisoned , and forbid to be present at those councels , for no reasons but because their opinion have not been liked . that our negative voice ( our greatest and most soveraigne priviledge ) is boldly denyed . that a presumptuous attempt hath been made by the major part of the remaining part of the house of commons to make our great seale of england , the making of which by the expresse letter of the law , is high treason , and would subvert the ancient and fundamentall administration of justice . that at this time , we and the major part of both houses are kept by a strong and rebellious army from being present at that councell , and that those who are present , are by the same army awed and forced to take unlawfull and treasonable protestations to engage their votes . and that such resolutions and directions which concerne the property and liberty of the subjects are transacted and concluded by a few persons ( under the name of a close committee consisting of the earle of manchester , the lord say , mr. pym , mr. hampden , mr. strood , mr. martyn , and others , the whole number not exceeding the number of persons ) without reporting the same to the houses , or having the same confirmed by the houses , contrary to the expresse law and customes of parliament . all which for the matter of fact , we are ready to make proofe of , and desire nothing but to bring the contrivers of all the aforesaid mischiefes o their triall by law , and till that be submitted to , we must pursue them by armes or any other way , in which our good subjects ought to give us assistance to that purpose . the imagining the death of us , our royall confort , or our eldest son , the leavying war against us in our realme , giving to them aid of comfort , the counterfeiting our great seal or money , being by the expresse words of the stat. of the yeare of king edw. . cap. . high treason , and how applicable this is to those who have borne armes against us , and to those who have consented that such arms be borne , to those who have promised to live and dye with the earle of essex , and to those who every day consent to some act for the support and increase of that army , we shall leave to all the world to judge , and hope that this gracious warning and information now given by us , will make that impression in the hearts of our people , that they will no longer suffer themselves to be misled from their duty and allegiance upon any pretences whatsoever : and we doe declare , that we shall proceed with all severity against all persons whatsoever , who shall hence forward , insist , vote , or incur in any kinde toward the maintenance and countenancing such actions and resolutions , which by the knowne and expresse lawes of the land , are high treason , and against all those who shall adhere to them who are in rebellion against us , against rebells and traitors , in such manner as by the laws and statutes of the realme is directed and appointed : and since by the power of seditious persons , we and both houses are kept from being secured against tumultuous assemblies , and both houses from adjournment to some place of safety , which being done , might quickly make an end of these miserable destractions , whereby we are debarred from the benefit and advice we expected from that our great councell , the members thereof being scattered into severall places ; therefore that the whole kingdome may see that we are willing to receive advice from those who are trusted by them though we cannot receive the same in the place to which they were called , for the reasons aforesaid , nor intend to receive advice from them elsewhere in the capacity of houses of parliament : we do hereby declare , that such of the members of both houses , as well those who have been by the faction of the malignant party expelled for performing their duties to us , and into whose rooms no persons have been since chosen by their countries , as the rest who shall desire our protection , shall be welcome to us at our city of oxford , untill by the adjournment of the houses to some fit and free place , or otherwise due course be taken for the full and free convention in parliament of us , and all the members of both houses . and for their better encouragement to resort to us , we do hereby will and command all the officers and souldiers of our army to suffer all such persons who are members of either house , with their attendants and servants to come to us to this our city of oxford : and that none of our good subjects may believe that by this our necessary declaration against the freedom & liberty of that present assembly , we may have the least intention to violate or to avoid any act or acts passed by us for the good and benefit of our people this parliament : we doe hereby declare to all the world , that we shall , as we have often promised as inviolably observe all those acts , as if no such unhappy interruption had happened of the freedom and liberty in that councell : and desire nothing more then to have such a free convention in parliament , that we may add such further acts of grace as shall be thought necessary for the advancement of the true protestant religion , for the maintenance of the liberty & property of the subjects , and the preservation of the liberty , freedome and priviledges of parliament . and that all the world may see how willing and desirous we are to forget all the injuries and indignities offered to us by such who have been misled through weaknesse or fear , or who have not been the principall contrivers of the present miseries : we do offer a free and generall pardon to all the members of either house ( except robert earle of essex , ro●ert earle of warwick , edward earle of manchester , hen. earle of stamford , william vis . say and seal , sir john hotham knight and baronet , sir arthur haslerig barronet , sir henry ludlow , sir edward hungerford , sir francis popham knights , nathaniel fines , john hampden , john pym , william strood , henry martyn , & alexande popham esquires , isaac pennington alderman of london , and captain ven , who being the principall authors of these present calamities , have sacrificed the peace and prosperity of their country to their own pride , malice and ambition . and against whom we shall proceed as against persons guilty of high treason by the known laws of the land , & shall in the proceeding be most carefull to preserve to them all priviledges in the fullest manner that by the law or the usage of former times is due to them , ) if they shall within tenne dayes after the publishing of this our proclamation returne to their duty and allegiance to us . and lastly , we further injoyne and command all our subjects upon their allegiance to us , as they will answer the contrary to almighty god , and as they desire that they and their posterity should be freed from the foule taint of high treason , and as they tender the peace of this kingdome , that they presume not to give any assistance to the before mentioned rebellious armies in their persons or estates in any sort whatsoever , but joyn with vs according to their duty and the laws of the land to suppresse this horrid rebellion . and our pleasure and command is , that our proclamation be read in all churches and chappels within this our kingdome . given at our court at oxford , the day of june , in the year of our reigne . god save the king . printed at oxford by leonard lichfield , printer to the university , . a worthy speech made in the house of commons this present parliament, . that parliaments are the onely way for advancing the kings affaires. that the restoring of the property of goods and freedome of the subject is a chiefe meanes to maintaine religion and obedience to his majestie. by mr. waller. waller, edmund, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing w thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) a worthy speech made in the house of commons this present parliament, . that parliaments are the onely way for advancing the kings affaires. that the restoring of the property of goods and freedome of the subject is a chiefe meanes to maintaine religion and obedience to his majestie. by mr. waller. waller, edmund, - . [ ], p. printed for john nicholson, london : . annotation on thomason copy: " " with the zero crossed out; and " ". reproduction of the original in the british library. eng england and wales. -- parliament -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason e _ ). civilwar no a worthy speech made in the house of commons this present parliament, .: that parliaments are the onely way for advancing the kings a waller, edmund d the rate of defects per , words puts this text in the d category of texts with between and defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion a worthy speech made in the hovse of commons this present parliament , . that parliaments are the onely way for advancing the kings affaires . that the restoring of the property of goods and freedome of the subject is a chiefe meanes to maintaine religion and obedience to his majestie . by mr. waller . london , printed for john nicholson , . mr. wallers speech in the house of commons this present parliament . . mr. speaker , j will use no preface as they doe who prepare men to something to which they would perswade them and move their affections , i will onely propose what i thinke fit for the house to consider , and shall be no more concerned in the event then they that shall heare me . two things are considerable which i observe in his majesties demands ; first , the supply : secondly , our speedy dispatch thereof , touching the first his majesties occasions for money are too evident ; for ( to say nothing ) how are we neglected abroad , or distracted at home , the calling of this parliament and our sitting heere is an effect which no light cause could in those times have produced , and enough to make any reasonable man beleeve that the exchequer abounds not so much in money as the state doth in occasions to use it , and i hope we shall appeare willing to disprove those who thought to disswade his majesty from this way of parliaments , as doubting it uncertaine , and to let him see it is as ready and more safe for the advancement of his affaires then any new ( or pretended old way ) whatsoever . . now mr. speaker , for the speedy dispatch required ▪ which was the second thing , which not onely his majesty but ( res ipsa loquitur ) the occasion seemes to importune no lesse , nec●ssity is come upon us like an armed man , and yet the use of parliaments heretofore ( as appeares by the writs which call us hither ) was to advise with his maiesty of things concerning the church and common-wealth ; and mr. speaker , it hath ever been the custome of parliaments by good and wholsome lawes to refresh the common-wealth in generall , yea to descend into the remedies of particular grievances before any mention made of supply , looke back on the best parliaments and still you shall find that the last acts are for the free gift of the subjects on the peoples part , and generall pardons on the kings part , even the wisest of kings have first acquainted their parliaments , with their designes and the reasons thereof , and then demanded the assistance both of their counsels and purses . but mr. speaker , physitians though they be called of the latest , must not stomack it or talke what might have beene but apply themselves roundly to the cure . let us not stand too nicely upon circumstances , nor to rigidly post the matter of supply to the healing of our lighter wounds , let us doe what may be supplyably done with reason and honesty on our parts , to comply with his m●jesties desires , and to prevent the eminent evills that threaten us . but consider mr. speaker , that they who thinke themselves already undone can never apprehend themselves in danger , and they that have nothing left can never give freely ; nor shall we ever discharge the trust of those that sent us hither , or make them beleeve that they contribute to their owne defence and safety , vnlesse his majesty be plea●ed first to restore them to the propriety of their good and lawfull liberties , wh●reof they esteeme themselves now out of possession . i need not tell you , that the propriety of our goods is the mother of courage and nurse of industry , which makes us valiant in warre and good husbands in peace , the experience i have of former parliaments , and my present observations of the care ye country hath had to choose persons of worth & courage makes me thinke this house like the spartans whose forward valours required some faster musique to allay and quiet their spirits , too much moved with the sound of martiall instruments . it is not the feare of imprisonment or ( if need be ) of death it selfe that can keepe a true hearted englishman from the care to leave his part of the inheritance as intire to posterity as he received it from his ancestors . this therefore let us first doe ( and the more speedily ) that we may come to the matter of supply , let us give new force to the many lawes which have beene heretofore made for the maintaining of rights and priviledges , and to restore this nation to the fundamentall and vitall liberties , the propriety of our goods and freedome of our persons ; no way doubting but that wee shall find his majesty as gracious and ready as any of his royall progenitors have been to grant our just desires therein , for not onely the simplest doe thinke but the wisest doe know ; that what we have suffered , we have suffered for his ministers , but the person of no king was ever better beloved of his people , and that no people were ever better satisfied with the wayes of levying of monies are two truths which may serve to demonstrate the other , for such is their occasion to the present courses , that neither the admiration they have of his majesties inclination to justice and clemency , nor the pretended cont●nt of the iudges could willingly submit themselves to this late tax , and such is their naturall love and just esteeme of his majesties goodnesse , that no late pressure could provoke them nor any example invite them to disloyalty or disobedience . but what is it that hath bred this misunderstanding betwixt the king and the people , how is it that having so good a king we have so much to complaine of ? why mr. speaker , we are told of the sonne of solomon that he was a prince of a tender heart , and yet by the advice of violent counsellors , how rough an answer he gave his people , that his finger should be heavier then his fathers loynes . i dare say , that it was not his owne but the voyce of some persons about him , that wanted the gravity of moderation requisite for the counsellors of a young king . i love not to presse allegories too farre , but the resemblance of iobes story with ours holds so well , that i can not but observe it to you : it pleased god to give his enemies to afflict him , and yet he was no● provoked to rebell against him so much as with his tongue ( although he had no good example of one that lay neere him ) and felt not the halfe which he suffered . i hope his majesty will imitate god in being neere it too , and as he was severe to iob onely whilst he discoursed with another concerning him , but when he vouchsafed himselfe to speake to him , began to rebuke those who had mistaken and misjudged his case , and to restore the patient man to his former prosperity : so now his majesty hath admitted us his presence and spoken face to face with us , i doubt not but we shall have fairer dayes and be as rich in the possession of our owne , as ever we were i cannot but wonder at those who seeme to doubt the successe of this parliament , or the misunderstanding betwixt the king and the people should last any longer now we are so happily met . his majesties wants are not so great but that we may finde meanes to supply them nor our desires so unreasonable or so incompatible with government , but that his majesty , may well sat●sfie them , for our late experience i hope will teach us what roc●… to shun , and how necessary the use of moderation is , and for his majesty he hath had experience enough , how that prospereth which is gotten without the concurrent good will of the people , for never more money was taken from the subject , nor never more want in the exchequer , if we looke upon what we have payd it is more then the people of england ever did in such a time , if wee looke upon what hath beene effected therewith , it seemes wee have acted the belides part , whose punishment was the filling of a sive with water : whosoever gave advise for these courses hath made good the saying of the wise man , qui conturbat domum suam possidebit ventum , by new wayes they thinke to accomplish wonders , but in truth they grase the wind and are in the meane time ambobus achilles , cruell to us and to the king too , for let the common wealth flourish and then , he that hath the soveraignty can never want or doe amisse so as he governes not according to the interest of others , but goe the shortest and safest wayes to his owne and the common good with regard how they stand in order to any private mans desires or preservation , the kings of this nation have alwayes governed by parliaments : if wee looke upon the successe of things since parliaments were layd by , it resembles that of the grecians , ex illo fluere & retro sublapsa referri res danaum , especially in the subjects part , for though the king hath gotten little the subjects have lost all ; but his majesty shall now heare the truth from us , and we shall make to appeare the errours and wandrings up and downe of our divines , who would perswade us that a monarch can be absolute , and that the king may doe all things ad libidinem ; receding not onely from their text , though that be a wandering too but from the way which their owne profession might teach thēstare super vias antiquas , & remoove not the ancient bounds and land markes which our fathers have set . if to be absolute were to be restrained by no lawes , then can no king in christendome be so , for they all stand obliged to the lawes of christians , and we aske no more , for to this pillar are our priviledges fixt , our kings at their coronation taking a solemne oath , not to enfring them . i am sorry these men take no more care of informing our faith of those things which they told us for our soules health whilst we know them manifestly in the wrong , in that which concernes the libertie , and priviledges of the subjects of engl●nd ▪ but they get promotion and preferment , and then it is no matter though they neither beleeve themselves nor are beleeved of others : but since they are so ready to let loose the consciences of our kings , we must be the more carefull to provide for our protection against the pulpit law , by declaring and reinforcing the municipall lawes of this kingdome . it is worth the observing , how now this opinion or rather this way of rising is ever amongst themselves & , yet mr. hooper who sure was no refractory man ( as they tearme him ) thinkes that the first government was arbritary , vntill it was found that to live by one mans will , became the cause of all mens miseries , and that this was the originall of inventing lawes ; and mr. speaker , if we looke further back , our histories will tell us that the prelates of this kingdome , have often been the mediators betweene the king and his subjects and to present and pray for redresse to their grievances , and had then as much love and reverence from the people as now they want ▪ but these preachers are more active then their predecessours , and wiser then the lawes , who have found out a better forme of government , the king must be a more absolute monarch then any of his predecessours , and to them he must owe it though in the meane time they hazard the hearts of his people and involve him into a thousand difficulties ; for suppose the forme of government were convenient ( yet this is but a supposition ) for these yeares it hath not onely maintained us in safety , but hath made us victorious over other nations : but , i say , suppose they have another idea of one more convenient , we all know how dangerous innovations are , though to the better , and what hazard those princes run that enterprise the change of long established government . now mr. speaker , of all our kings that have gone before , and of all that are to succeed in this happy race , why should so good and so pious a king be exposed to this trouble and hazard besides that kings so diverted can never doe any great things abroad . but mr. speaker , whilst these men have bent their wits against the lawes of their country , whether they have neglected their owne charge , and what tares are growne up in the field , which they should have tilled , i leave it to a second consideration , not but that religion ought to be the first thing in our purposes and desires ; but that which is first in dignity is not alwaies to preceed in order of time ▪ for well being supposed a being , and the first impediment which men naturally endeavour to remove , is the want of those things without which they cannot subsist . god first assigned unto adam maintainance of life , and gave him a title above the rest of the creatures before he appointed him a law to observe , and let me tell you , that if our adversaries have any such designe , as there is nothing more easie then to impose religion on people deprived of their liberties , so there is nothing more hard then to doe it upon free-men ; and therefore ( mr , spe●ker ) i conclude with this motion , that an order may be presently made , that the first things this house will consider of , shall be the restoring this nation in generall to its fundamentall liberties , the propriety of our goods , and the freedome of our persons , and that then we will forthwith consider of the supply so much desired , and thus we shall discharge the trust reposed in us by those that sent us hither , his majesty will see that we will make more then ordinary haste to satisfie his demands , and we shall let all those know , that seek to hasten the matters of supply , that they will so farred ●●lay it , as they give interruption to the former . finis . the humble desires and propositions of the lords and commons assembled in parliament, presented to the kings most excellent majesty at his court at oxford, february . . : with his maiesties answer thereunto, and six propositions propounded by him to both houses, to be debated upon, with the rest. / die lunæ. feb. . . ordered by the lords and commons assembled in parliament, that these propositions, with his majesties answer thereunto shall be forthwith printed and published. ; io. browne cler. parliamentorum. england and wales. parliament. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing e aa). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e aa estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the humble desires and propositions of the lords and commons assembled in parliament, presented to the kings most excellent majesty at his court at oxford, february . . : with his maiesties answer thereunto, and six propositions propounded by him to both houses, to be debated upon, with the rest. / die lunæ. feb. . . ordered by the lords and commons assembled in parliament, that these propositions, with his majesties answer thereunto shall be forthwith printed and published. ; io. browne cler. parliamentorum. england and wales. parliament. browne, john, ca. - . england and wales. sovereign ( - : charles i) p. feb. . printed for iohn wright in the old bailey., [london] : [i.e. ] place of publication suggested by wing. reproduction of original in the sutro library. eng great britain -- history -- civil war, - . great britain -- politics and government -- - . a r (wing e aa). civilwar no the humble desires and propositions of the lords and commons assembled in parliament, presented to the kings most excellent majesty at his c england and wales. parliament b the rate of defects per , words puts this text in the b category of texts with fewer than defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - jonathan blaney sampled and proofread - jonathan blaney text and markup reviewed and edited - pfs batch review (qc) and xml conversion the humble desires and propositions of the lords and commons assembled in parliament , presented to the kings most excellent majesty at his court at oxford , february . . with his maiesties answer thereunto , and six propositions propounded by him to both houses , to be debated upon with the rest . die lunae . feb. . . ordered by the lords and commons assembled in parliament that these propositions with his majesties answer thereunto shall be forthwith printed and published . io. browne cler. parliamentorum . feb. . printed for iohn wright in the old bailey . . the humble petition of the lords and commons to the king . we your majesties most humble and faithfull subjects , the lords and commons in parliament assembled , having in our thoughts the glory of god , your majesties honour , and the prosperity of your people , and being most grievously afflicted with the pressing miseries , and calamites , which have overwhelmed your two kingdoms of england & ireland , since your majesty hath by the perswasion of evil councellors , withrawn your self frō the parliament , raised an army against it , and by force therof protected delinquents , from the justice of it , constrayning us to take armes for the defence of our religion , lawes , liberties , priviledges of parliament , and for the fitting of the parliament in safety ; which feares and dangers are continued and increased by the raising , drawing together and arming of great numbers of papists under the command of the earle of new-castle , likewise by making the lord herbert of ragland and other knowne papists commanders of great forces , whereby many grievous oppressions , rapines , and cruelties have been and are dayly exercised upon the persons and states of your people , much innocent bloud hath beene spilt & the papists have obtained meanes of attempting with hopes of affecting their mischievous designes of rooting out the reformed religion , and destroying the professors thereof , in tender sence and compassion of these evills under which your people and kingdome lie , ( according to the duty which we owe to god your majesty and the kingdome for which we are trusted ) doe most earnestly desire that an end may be put to these great distempers and distractions , for the prevention of that desolation which doth threaten all your majesties dominions , and as wee have rendred , and still are ready to render to your majesty that subjection , obedience and service which we owe unto you , so wee most humbly beseech your majesty to remove the causes of this war , and to vouchsafe us that peace and protection which we and our ancestors have formerly injoyed , under your majesty and royall predecessors , and graciously to accept and grant those our most humble desires and propositions : . that your majesty will be pleased to disband your armies as wee likewise shall be ready to disband all those forces which we have raised , and th●t you will be pleased to returne to your parliament . . that you will leave delinquents to a legall tryall and judgement of parliament . . that the papists may not only be disbanded but disarmed , according to the law . that your majesty will be pleased to give your royall assent unto the bill for taking away superstitious innovations ; to the bill for the utter abolishing and taking away of all arch-bishops , bishops , their chancellors , and commissaries , deanes , sub-deanes , deanes and chapters , arch-deacons canons , and prebendaries and all chantors , chancellors , treasurers , sub-treasurers , succentors and sacrists , and all vicars chorall , and choristers , old vicars , and new vicars , of any cathedrall or collegiate church and all other their under officers out of the church of england , to the bill against scandalous ministers ; to the bill against pluralities . and to the bill for consultation to be had with godly , religious and learned divines , that your majesty will be pleased to promise to passe such other good bills , for setling of church-government as upon consultation with the assembly of the said divines , shall be resolved on by both houses of parliament ; and by them be presented to your majesty . . that your majesty having exprest in your answer , to the ninteene propositions of both houses of parliament , an hearty affection and intention for the rooting out of popery out of this kingdome . and that if both the houses of parliament can yet finde a more effectuall course to disable iesuits , priests and popish recusants from disturbing the state , or deluding the lawes , that you would willingly give your consent unto it . that you would be graciously pleased for the better discovery , & speedier conviction of recusants , that an oath may be established by act of parliament , to be administred in such manner as by both houses shall be agreed on , where in they shal abjure and renounce the popes supremacy , the doctrin of transsubstantiation , purgatory , worshiping of the consecrated hosts , crucifixes and images and the refusing of the said oath being tendered in such manner as shall be appointed by act of parliament , shal be a sufficient conviction in law of recusancy . and that your majesty will be graciously pleased to give your royall assent unto a bill , for the education of the children of papists by protestants , in the protestant religion . that for the more effectuall execution of the lawes against popish recusants , your majesty will be pleased to consent to a bill for the true levying of the penalties against them , and that the same penalties may be levyed , and disposed of in such manner as both houses of parliament shall agree on , so as your majesty be at no losse ; and likewise to a bill whereby the practise of papists against the state may be prevented , and the lawes against them duely executed . . that the earle of bristoll may be removed from your majesties councells , and that both he , and the lord herbert , eldest son to the earle of worcester , may likewise be restrained from comming within the verge of the court , and that they may not beare any office or have any imployment concerning the state or common-wealth . . that your majesty will be graciously pleased by act of parliament , to settle the militia both by sea and land , and for the forts and ports of the kingdome in such a manner , as shall be agreed on by both houses . . that your majesty will be pleased , by your letters patents to make sir iohn bramston , chiefe justice of your court of kings-bench , william lenthall esquire the now speaker of the commons house , mr. of the rolles , and to continue the lord chiefe justice bankes , chiefe justice of the court of common-pleas ; and likewise to make mr. sergeant wyld chiefe baron of your court of the exchequer , and that mr. justice bacon may be continued , and mr. sergeant roles , and mr. sergeant atkins made justices of the kings bench . that mr. justice reenes , and mr. justice foster may be continued , and mr. sergeant phesant made one of the justices of your court of common-pleas . that mr. sergeant creswell , mr. samuel browne , and mr. iohn puleston may be barons of the exchequer and that all these , and all the judges of the same courts for the time to come , may hold their places by letters patents under the great seale , quam diu se bene gesserint . and that the severall persons not before named that doe hold any of these places before mentioned may be removed . . that all such persons as have bin put out of the commissions of peace or of oyer , and terminer or from being custodes rotulorum since the first day of april . . ( others then such as were put out by the desire of both or either of the houses of parliament may againe be put into those commissions and offices ; and that such persons may be put out of those commissions and offices as shall be excepted against by both houses of parliament . . that your majesty will be pleased to passe the bill now presented to your majesty , to vindicate and secure the priviledges of parliament from the ill consequence of the late president in the charge and proceedings against the lord kimbolton now earle of manchester , and the five members of the house of commons . . that your majesties royall assent may be given unto such acts as shall be advised by both houses of parliament , for the satisfying and paying the debts and dammages , wherein the two houses of parliament have engaged the publique faith of the kingdom . . that your majesty will be pleased according to a gracious answer heretofore received from you , to enter into a more strict alliance with the states of the united provinces , and other neighbour princes , and states of the protestant religion for the defence and maintenance thereof , against all designes , and attempts of the popish and jesuiticall faction , to subvert and suppresse it ; whereby your subjects may hope to be free from the mischiefes , which this kingdome hath endured through the power which some of that party have had in your councell , and will be much encouraged in a parliamentary way for your aide and assistance , in restoring your royall sister and the prince elector to those dignities and dominions which belong unto them , and the relieving the other distressed protestant princes , who have suffered in the same cause . . that in the generall pardon that your majesty hath bin pleased to offer to your subjects , all offences and misdemeanors committed before the tenth of ianuary , . which have bin or shall be questioned or proceeded against in parliament upon complaint in the house of commons before the tenth of ianuary , . shall be excepted , which offences and misdemeanors shall neverthelesse be taken and adjudged to be fully discharged against all other inferiours courts , that likewise there shall be an exception of all offences committed by any person or persons which hath or have had any hand or practise in the rebellion of ireland , which hath or have given any counsell , assistance or incouragement to the rebells there , for the maintenance of that rebellion , as likewise an exception of william earle of new castle , and george lord digby . . that your majestie will be pleased to restore such members of either house of parliament to their severall place of service and imployment out of which they have bin put , since the beginning of this parliament , that they may receive satisfaction and reparation for those places and for the profits which they haue lost by such removall ▪ upon the petition of both houses of parliament , and that all others may be restored to their offices and imployments who have bin put out of the same upon any displeasure conceived against them for any assistance given to both houses of parliament , or obeying their commands , or forbearing to leave their attendance upon the parliament without licence ; or for any other occasion arising from these unhappy differences betwixt your majesty and both houses of parliament upon the like petition of both houses . these things being granted and performed , as it hath allwaies bin our hearty prayers , so shall wee be inabled to make it our hopefull endeavour , that your majesty and your people may injoy the blessings of peace , truth , and iustice ; the royalty , and greatnesse of your throne may be supported by the loyall and bountifull affections of your people , their liberties and priviledges maintained by your majesties prot●ction and iustice , and this publique honour and happinesse of your majesty and all your dominions , communicated to other churches and states of your alliance , and derived to your royall posterity , and the future generations in this kingdome for ever . his maiesties answer and propositions to the lords and commons in parliament . if his maiesty had not given up all the faculties of his soule to an earnest endeavour of a peace , and reconciliation with his people ; or if he would suffer himselfe by any provocation to be drawne to a sharpnesse of language at a time when there séemes somewhat like an overture of accomodation ; he could not but resent the heavy charges upon him in the preamble of these propositions ; and would not suffer himselfe to be reproached with protecting of delinquents by force from iustice ( his maiesties desire having alwaies béen , that all men should be tryed by the knowne laws , and having béen refused it ) with raising an army against his parliament ; and to be told that armes have béen taken up against him for defence of religion , laws , liberties , priviledges of parliament , & for sitting of the parliament in safety , with many other particulars in that preamble , so often and so fully answered by his maiesty , without remembring the world of the time and circumstances of raising these armes against him , when his maiesty was so farre from being in a condition to invade other mens rights , that he was not able to maintaine and defend his owne from violence ; and without telling his good subiects , that their religion ( the true protestant religion , in which his maiesty was borne , hath faithfully lived , and to which he will die a willing sacrifice ) their lawes , liberties , priviledges , and safety of parliament , were so amply setled , and established , or offered to be so by his maiesty , before any army was raised against him , and long before any raised by him for his defence ; that if nothing had béen desired , but that peace and protection which his subiects and their ancestors had in the best times enioyed under his maiesty , or his royall predecessors , this misunderstanding , and distance betwéene his maiesty and his people , and this generall misery and distraction upon the face of the whole kingdome had not now béene the discourse of christendome . but his maiesty will forbeare any expressions of bitternesse , or of a sence of his owne sufferings , that if it be possible the memory thereof may be lost to the world ; and therefore , though many of the propositions presented to his maiesty by both houses appeare to him very derogatory from and destructive to his iust power and prerogative , and no way beneficiall to his subiects , few of them being already due to them by the laws established ( and how un-parliamentary it is by armes to require new laws , all the world may iudge ) yet because these may be waved or mollified , and many that are now darke or doubtfull in them cleared and explained upon debate ) his maiesty is pleased ( such is his sence of the miseries this kingdom suffers by this unnaturall war , and his earnest desire to remove them by a happy peace ) that a speedy time and place be agréed upon for the méeting of such persons as his maiesty , and both houses shall appoint to discusse these propositions , and such others here following as his maiesty doth propose to them . . that his maiesties owne revenue , magazines , townes , forts , and ships , which have béene taken or kept from him by force , be forthwith restored unto him . . that whatsoever hath béen done or published , contrary to the knowne lawes of the land , and derogatory to his maiesties legall and knowne power and rights , be renounced and recalled , that no séed may remaine for the like to spring out of for the future . . that whatsoever illegall power hath beene claimed , and exercised by or over his subiects , as imprisoning their persons without law , stopping their habeas corpusses ; and imposing upon their estates , without act of parliament , &c. either by both or either house , or any committée by both or either , or by any persons appointed by any of them be disclaimed , and all such persons so committed , forthwith discharged . . that as his maiesty will readily consent ( having done so heretofore ) to the execution of all lawes already made , and to any good acts to be made for the suppressing of popery , and for the firme setling of the protestant religion now established by law ; so he desires that a good bill may be framed for the better preserving of the book of common-prayer from the scorne and violence of brownists , anabaptists , and other sectaries , with such clauses for the ease of tender consciences , as his maiesty hath formerly offered : . that all such persons as upon the treaty shall be excepted out of the generall pardon , shall be tryed per pares according to the usuall course and knowne law of the land , and that it be left to that either to acquit or condemne them . . and to the intent this treaty may not suffer interruption by any intervening accidents , that a cessation of armes , and frée trade for all his maiesties subiects may be first agréed upon . this offer and desire of his maiesty he hopes will be so chéerefully entertained , that a spéedy and blessed peace may be accomplished : if it shall be reiected , or by insisting upon imreasonable circumstances , be made impossible , which he hopes ( god in his mercy to this nation will not suffer ) the guilt of the blood which will be shed and the desolation , which must follow will lie upon the heads of the refusers ; however , his maiestie is resolved through what accidents soever he shall be compelled to recover his rights , and with what prosperous successes soever it shall please god to blesse him , that by his earnest constant endeavours to propagate and promote the true protestant religion , and by his governing according to the known lawes of the land , and upholding the iust priviledges of parliament , according to his frequent protestations made before almighty god , which be will alwaies inviolably observe , the world shall sée that he hath undergone all these difficulties and hazzards for the defence and maintenance of these , the zealous preservation of which his maiesty well knowes is the onely foundation and meanes for the true happinesse of him and his people . finis . an apology for the present government, and governour: with an answer to severall objections against them, and twenty queries propounded for those who are unsatisfied, to consider, and answer, if they please. / by samuel richardson. richardson, samuel, fl. - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing r thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) an apology for the present government, and governour: with an answer to severall objections against them, and twenty queries propounded for those who are unsatisfied, to consider, and answer, if they please. / by samuel richardson. richardson, samuel, fl. - . , [ ] p. printed and are to be sold by gyles calvert, at at [sic] his shop the west end of pauls., london, : . annotation on thomason copy: " ber [i.e., september] th". reproduction of the original in the british library. eng great britain -- politics and government -- - -- early works to . a r (thomason e _ ). civilwar no an apology for the present government, and governour:: with an answer to severall objections against them, and twenty queries propounded fo richardson, samuel c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - angela berkley sampled and proofread - angela berkley text and markup reviewed and edited - pfs batch review (qc) and xml conversion an apology for the present government , and governour : with an answer to severall objections against them ; and twenty queries propounded for those who are unsatisfied , to consider , and answer , if they please . i am for peace , psal. . . caleb stilled the people before moses , numb. . . let us follow after things that make for peace , and things wherof we may edifie another , rom. . . the fruit of righteousnesse is sowen in peace of them that make peace , james . . follow peace with all men , heb. . . seek peace and pursue it , psal. . . by samuel richardson . london , printed and are to be sold by gyles calvert , at a this shop the west end of pauls . . severall objections against the present government , answered . obj. this government in the hand of one single person , is in effect a kingly government . answ. if so : that will not prove it unlawfull , also when the power is in one or a few , sooner and easier dipatch of businesse is had . obj. we have fought against kingly government . answ. if so : that were in effect to fight against christ , for his government is kingly . . we did not fight against kingly government , but against tyranny and oppression , but we most especially for freedom in matter of religion . obj. we are to have no king but jesus christ , hee is to bee our onely lawgiver . jam , . . answ. i grant it , in matters of religion his kingdome is spirituall and not of this world . obj. this kingly government hinders christ from reigning . ans. this is a great mistake , the government of the world , concerning the bodies and estates of men , is another government , and requires another king , and this hindreth not the government of christ , but may both in their place well agree together . i grant the kings of the earth have opposed jesus christ and his kingdome , and persecuted his people , but that was not from their government as kingly , but by mixing with their civill government matters of religion , and made lawes in matters meerly religious ; and so persecuted christ and his people : which was from their ignorance and wickednesse of them who were kings . psal , . yet are they not forbid to bee kings , but bid to be wise , be wise therefore o kings , be instructed . vers. . ( that is ) let christ and his lawes , and his people alone meddle not with them inflict no corporall punishment upon them , nor meddle not with their persons and estates for things meerely religious for that belongeth not to you . in matters religious no man may make a law , the opinions that the magistrate hath a power from god to punish hereticks with corporall punnishments hath cost the blood and lives of many thousands of the precious saints and people of god . there must of necessity be a government and a law in things civill , else there will be great confusion . men say they know not what , when they say this government hinders christ from raigning ; for if wee speake of christ raigning in his people by his spirit , can that bee hindered by souldiers , or kings , no , none can hinder or suppresse that . if they meane christs personall raigne , neither can all the power of this world hinder that , seeing he is god , he can with ease breake in peeces all that oppose him , like a potters vessel , as psal. . . we desire christ may come , we trust we shall lovingly embrace him when he comes , wee desire you to agree with us and to this government but till he come . it is no treason against christ to adhear to this government in things civill ▪ seeing god hath in no place in his word condemned the same , if hee hath i pray you shew us where ? obj. if this government bee continued , to what purpose hath so much blood been spent ? ans. it is to very great purpose , for now wee enjoy freedome from persecution in matters of religion , which is the greatest outward blessing wee can enjoy ; this alone is worth all the blood and treasure that hath been spent . and what good would all outward things in this world doe us without this , the lord make us more sensible and thankfull for this mercy . i am perswaded that since this nation hath beene a nation , it never did injoy so much freedome in this kind as now it doth . if you could repeat things one after another that we want , to every one we would cry , but we have liberty in matters of religion ; & give me leave to say the want of this hath forced me to leave father & mother , wife & friends , and native country , and to wander desolately alone , as forsaken , and almost stript of all outward comforts , and in a strange land , and not knowing how to live , and not willing to beg , nor to endure the want i have beene in , have sate down alone and wept bitterly , and not able to speak , because my griefe was so great ; i have wandred and hidde my selfe in holes and caves of the earth , and knew not where to bestow my selfe ; and those who are not satisfied with the liberty we now enjoy , ( excepting only the busines of tithes ) never knew what it was to be persecuted , undone , or banished , or to leave their native country to wander a far off in desolate wildernesses , or have forgot , i am perswaded , the martyrs in q. maries dayes ; if they could have enjoyed the liberty wee doe , though they should have had only bread and water , would have been content , and blessed god with all their hearts every day for the same . and the maine thing i ever expected and ●o●k the armies part was , because by them i expected freedome in matters of religion , and with them that stand for that , i am resolved to stand and fall , and if we have it not from this government and army , i expect it from none else . obj. the saints of god are now imprisoned and persecuted , witnesse mr. feak . ans. their imprisonment is not for religion , but for the safety of the civill peace : therefore i wonder how m●feak dare write of his suffrings as he doth , his words are , i forewarned y●u of this houre of temptation : i prisoner for the cause of christ : i suffer for his sake in bonds for the testimony of the kingdome of the lord jesus . this honorable cause of jesus christ and the gospel , in bonds for the service of all the saints , in bonds for christ : now in prison for the good old cause ; i am a sufferer for the gospel , suffer upon that account : the brethren will be confident for my bonds . yet he saith hee hath been imprisoned or months , and knows not what his crime is ; if hee knows it not , how can he , how dares he say , it is for religion ? and it appears by his mittimus , that it is not for religion , nor for christ , nor for the gospel , nor for any of the saints , much lesse for all the saints : for the words of the mittimus , as he sayth , are to commit and in order to the peace and safety of this nation . if it be for the civill peace , how is it for christ and the gospel &c. is this equall and fair dealing ? blu●h● heavens , and be greatly astonished at this . moreover , if it were for christ and the gospel , how is it that there is no more in prison ? is there but one or two in england , or london , that will owne christ and his gospel ? how is it that all those called the seperation b●ownist , independant . anabaptist , &c. are out of prison ? and which is more meet , freely and openly , and quietly : surely something is the matter , that mr. feak and mr ▪ rogers are in prison , have they not instead of preaching christ and the gospel , in the pulpit medled with wordly matters , and things not fit for that place ? which did ( or might at least ) tend to a breach of peace , if it did in the least degree tend to stir up sedition , it was wel don to imprison them , to prevent further danger : and if they will not be peaceable , and preach christ and him crucified , and not meddle with other matters , let them lie there till they will be quiet : and if this be persecution , then let all that are imprisoned triumph , and say , they suffer for jesus christ , and the gospel . but what if it wil appear , that mr. feak hath persecuted him , & the way god & christ ? for while his highness was in the discharge of his duty , in taking care for the safety & welfare of the army & people of god , he smits him with reproaches and hard words ▪ when he was effecting his safety among the rest , he suffers as a christian , pet. . and is persecuted ; for when the sonne of hagar spake against isaac . gen. . , , . this god cals persecution hee that was born after the flesh persecuted him , &c. gal. . . . when jobs friends spake unjustly against job , it is called persecution , why persecute you me ? job . . . hath not mr. feak spoken and written more bitter things against him , as being a persecutor of christ and of his gospel , and of his people ? what could bee said worse , and more grievous and dishonourable ? also hee hath persecuted the way god hath taken to carry on his work in these dayes , in speaking against it , as paul said , i persecuted that way , acts . . in opposing it ; and christ saith he was persecuted in it , saying , saul , saul , why persecutest thou me ? acts . . and . . so that it appeares , that mr. feak is the persecuter . obj. we ought to witness against this government , because it is an arbitrary government , we know not what is our own , we are inslaved to his will and power , he may levy money according to his will and pleasure , and is not accountable , &c. answ. this is not so ; but if so , may not the same be said against any forme of government that is supream , instance that of parliaments , are they not as absolute , and every way as arbitrary ? are they not above law to the annulling lawes , alter and make what lawes they please ? are not our persons and estates at their pleasure ? and have levied what money they please , which they call the prerogative power , or priviledge of parliament ? if he hath a greater power to hurt that doth not hurt , unless he hath a will to hurt the happiness of a people , lieth not in the having this or that government , but in the justice and righteousness of those that governe , and in the faithfull and righteous dispencing of the same , there be that have met with harder measure under that government they call the best , then under this which they call the worst . obj. the army hath declared against kingly government , and in having the power in one single person , and now they are for it ; therefore they have broke all their declarations and ingagements . answ. . it may be they in their understandings have performed them , though it doth not appeare to you . . if in some thing they did declare , they think not fit to keep being better informed : in charity we are bound to believe that their judgements are changed , they may see reason to the contrary . . if a lawful thing be not also expedient for the inexpediency of it , it is to be laid aside . . david did say that he would destroy nabal and all his house , after he saw his error , he un●●d it , and broke his engagement , and thanked god he did it not : do ye think he was to be charged with hypocrisie and dissembling ? . man is changeable , and when mens conditions change , commonly their mindes change , there is no better to bee expected from man ; the more wee consider our selves , the more we see the truth of this ; at one time we are of one opinion , and judgement , and soone after of another : we may well say , o lord , what is man ? a very vanity . . to be unchangeable is to be attributed onely to god , job saith , he is of one minde , and is not turned , job . . this god challengeth as proper onely to himselfe , saying , i am the lord , i change not , mal. . . hee saith , my counsel shall stand . we may not say so . . sometimes mens purposes are changed , because they cannot effect them ; man is often crossed in his way , because there is another orderer above him : mans goings are of the lord , prov. . . o lord , i know the way of man is not in himselfe , it is not in man that walketh to direct his steps , jer. . . we quarrell at men , because we do not see god in things . obj. tithe is still continued and some imprisoned for them . ans. indeed the late act for tithe is very grievous to us , and the more because we expected before this day some other way instead therof . the maintenance of the ministry by tithe , is a great trouble to the consciences of many , because tithe are sayd to be holy , l●v . . . and were a heave offering nu. . . . and the maintenance of the leviticall priesthood : and seeing that ministery is done away , the maintenance of that ministery is to be done away , as appears h. b. . ● . to . and christ being offered , all the leviticall offerings which were types and shadowes of him are to cease : upon this ground a martyr sayd , hee that payd tithe , did deny christ to bee come in the flesh , because christ comming in the flesh , was to put an end to tithes . i heard a good man say , he desired to starve , rather then to take for preaching one halfe penny of tithes . i have lately heard that his highness did promise to remove them . i hope ere long something will be done therein , to ease the consciences of many . i long to see it , and that they doe as . cor. . . and that the poore be set to work , and the oppressed be relieved , and their petitions answered , and that iustice may bee more easily had , as it will , when it runs downe like a mighty streame . and although it doth not appeare in christs testament that the maintenance of christs ministers is to bee by tithes , nor by any other forced maintenance , yet this hinders not but the states ministers may have a forced maintenance : for though those that god cals and sends will trust god and preach , without hier , yet those men sent have no reason to doe so , because they are not willing to doe so . . and those who have freely received , are freely to give , mat. . . . cor. . . this doth not concerne them : for their learning &c. cost their parents much money , besides their owne industry . and it is not to be denied , but that a man honestly buyeth and payeth for , he may justly sell . . it cannot be denied but the magistrate is to take care of that which is for the good of the common-wealth , and the charge thereof is to bee born by the common wealth as men . also it cannot truely bee denied , but that it tends to the peace and well-being of the nation as civill , that there be a ministry of it , if onely as morrall men , to teach men to agree , to doe justly and live peacibly , and be subject to authority : if there were no ministers , the people in many places would grow more heathenish and unfit to bee governed : besides the state hath somthing for them to doe : upon which account it appeares there is need of them ; and if so , there is necessity that they bee maintained by some tax , and if any refuse to pay it they may be forced therto as they are other taxes . obj. they have set up a new court of tryars of worldly ministers for worldly ends . ans. . what if they have , they have reason to approve and appoint those they meane to pay ? . why dost thou find fault , so long as you and others have liberty to teach freely without their pay , that is liberty enough for us if wee cannot have the states pu●pits , other places are to be had . . you need not complaine , seeing you are not forced to heare them . . if they approve of all the ministers of england , there is besides many places destitute and they are not supplied there is roome for you . . it is necessary that the people have some , besides many of them i hope are good men and may do much good . . why should not wee allow the state and others the same liberty that we desire for our selves , as to approve of whom they please ? . they doe not preach now by vertue of the ordination they had of the bishops , but by parts and approbation , and now those are approved to preach who have had no officiall ordination . obj. now we see his aim was onely to set up himselfe and his private interest . ans. that which hee hath done herein tends more for the safety and welfare of the people of god , then his owne which hee hath greatly hazarded : and though he hath the power , the danger , hazard and burthen is so great that it were a benefit for him to be without it , and there is reason to conceive he would gladly lay it downe , if it were for the welfare of the people of god and the peace of the nation . seing he hath often deprived himselfe of some of the sweetest comforts of this life , and often adventured his life for the cause and interest of the people of god , is a sufficient ground for us to believe that hee doth prefer the welfare of gods people , and of this nation , above his owne life or family . neither doe i know of any of these actions hee hath done but it tends to our welfare ( except the ordinance for tiths ) which we expect will not continue long . . his pretestations before god and man , that what he did was for the welfare of others which caused him to do that he hath done , is of waight to cause beliefe . as the interest and welfare of the people of god , and the good of this nation is to be preferred before a personall interest , and is so preferred by every good man ; therefore wee ought to believe hee did prefer it before his owne , wee are bound by the law of love to judge the best ; love thinketh no evill , and so long as way is given to evill surmises and wicked imaginations , and take every thing in evill part , wee are sensuall and serve divers lusts and meddle with secret things that belong to god . deu. , and no good will come of it . . the form of the government being framed for the welfare of the people of god and the good of the nation , is a certaine proofe of his desires of our good , as i know not what could be more . this is very unnaturall dealing , that after much suffering hardship , diligence and care to preserve your lives , the thankfulnesse and requita●l yee give him , is to count him your enemy , reproach him with many complaints and count it a great part of religion to do so : and then ye cry the gospell suffers : it suffers indeed by the unchristian carriages of one of you , where envie and strife is , there is confusion and every evill worke . iam. . . those fruits of the flesh are so manifest that it causeth the gospell to suffer . obj. the pomp and vanity in court is now up againe , pride and worldly things are embraced &c. ans many things are reported of him , that are not true joh. . . he that is withou sin let him cast the first stone . rom. . . thou art in excusable , o man , whosoever thou art that condemnest another and doest the same thing . humane frailties no one is free from . queries propounded to those who are dis-satisfied with the present government , to consider , and answer , if they please . vvhether this present government is not as much to be owned , and is as much according to law , as the armies refusing to disband , and their dissolving the long parliament , and their chusing another : all which some of the chiefe of those who now dissent , have publickly approved of , and did not reckon it among their offences against god ; why may they not as well own this present government and governour , and not reckon it any offence against god ? and if they are so set upon their will without reason , that rather then they will own this latter , they will disown and pull down that which they have owned and built up , whether they are not bound in reason and conscience to publish that their disowning , with their names and reasons why they so disown , and also to pay back to the state all the money they have received as souldiers , since that day that they were by authority commanded to disband . . vvhether there be not sufficient ground to believe , that the major part of the free people of this nation , by their silence , num. . . lev. . . when the instrument of government was held forth to them ? . by their owning , accepting , and acknowledging the justices of peace made by the said authority ? . by paying the taxes levied by the said authority ? . by submitting to chuse parliament men , in the same day , and in the same way in signing and sealing according to the appointment of the said authority , and in binding themselves , and those they chose , not to alter the government ? whether these actions of obedience doe not amount unto a full close with the said government , and a sufficient testimony of their owning and acceptance thereof , and that in a full and large manner ? for if the lifting up of a hand in token of consent , is interpreted a consent ; and if in law acceptance and submission doth make him a king , which was not so before , then surely these actions of theirs cannot in reason but amount to a free acceptance of the government and governour . and if so , whether the fewer number who discent are not concluded , and ought now to be satisfied , so as to owne and submit to the said government ? . whether this government , as it is , and in the hands it is be not the best government for the whole people of this nation , in that all the people doe , and may live peaceably under it ; whereas if it were altered , or in the hands of the kings party , the independant party were like to bee imprisoned and sequestred , because wee have served them so ; and if it were in the hands of the presbyters , their principle is to imprison and persecute for religion , and therefore all inter●st could not live so quietly as now they doe ? . whether the kings party , who have fought against us , have any reason to reckon themselves among the free people of this nation , seeing they have beene subdued and conquered ? and whether there bee any reason for us to conceive , that if they had conquered us , that they would have acknowledged us to bee a free p●ople , and consented to , and suffered us to disarm them , and to rule over them ? and if no , what reason have they to desire or expect we should do so to them ? . whether the restrictions and which is condemned in this government , be not a great part of the excellency of it , for that government which alloweth the least freedome to the enemies thereof where by they are disabled to doe hurts , that government is the safest and best for the army and people ? and if so , whether we have not cause to justifie and thanke those who drew up the forme of government with these restrictions ? the more i consider the government , the more i see a good minde towards the people in the framing of it . . whether in the beginning of this parliament the actions of some did not declare that the army and their party should not have the government , or the power of the sword in their hands : and if the army had submitted therto , whether not only many of the lives of the army and of their party were not hazarded ? and what security could they give us , that the kings party should not have the militia , and should not get the upper hand of us , and use us at their pleasure , and so put us in as bad or worser condition then when under the king and bishops tyranny . . whether wee have cause to count them our friends , whatsoever they say , that would disarme us , and leave us naked to our enemies , though they should tell us it is for our good ? . if the army should part with the militia , as some desire , whether it might not make void and fruitless the many victories god hath given us , and the liberty we now injoy , and be brought into bondage againe ? and whether it were lawfull for us to submit thereto , and so to be the cause of our own ruine , and if it be our duty to submit to authority herein , why did we it not at first , and so never have fought for our freedoms ? to what purpose have we come out of aegypt , if we are to returne thither again ? . whether the actions of the army doe not declare , that wee doe fully believe , that it is the will of god , that we should keep the power he hath given us , and put into our hands , else to what purpose was it given ? and if any say otherwise , what signe shew they us , that wee may believe them ? . whether the ministers appoynted by the parliament , did not give us cause to expect a persecution to follow ? what should they doe , unlesse it were to finde out the true religion , and to measure it out to us how much every one is to have ? and if so , whether there is not some ground to feare that the religion that the former synod found out , is lost , or not counted good enough , though some say , it cost the common-wealth seventeene thousand l. ? . whether the article in the instrument of government for freedome in matters of religion , bee not the likeliest meanes to prevent persecution , as thins are ? . if there be any honour , preferment , and profit to bee had by having the power , and government , whether they doe not most deserve it both in reason and conscience , who have adventured their lives , and lost their blood for us , and saved our estates and lives ? whether in reason we may not expect a continued safety from them who have been a means to procure the liberty we injoy , rather then from any others ? . whether it be not better for this nation that this government be as it is , and in these hands it is , then to begin a new war ; for we see they will not part with it , and i suppose , that if any others will have it , they must fight for it , and if they should , it is not certaine they shal prevaile , our enemies plots have been fruitlesse ; they have had fair play for it , they have had pitch'd field-battels severall times in severall yeares , yet they have alwayes lost it ; if we should fight it over again , we have reason to believe , they shall not prevaile , ser. . . for god is with us : as also it is some incouragement unto us that we are to fight with them that we have with the help of god alwayes beaten and overcome , though they have been more in number , and they well , and wee sick and weak ; and also we know the cause being the same , we may well expect the successe shall be the same : and though some of us doe differ , and not love one another as we should , there is no cause to believe that any good man will fight against the army , seeing the army hath adventured their lives to save theirs , also our interest being one , a 〈◊〉 selfe-love will make us agree in one , against the common enemy , at home and abroad , who desire and hope is that wee will fall out among our selves , and then they shall have what they desire . . if there should be any more war begun amongst us , whether it would not indanger the ruine of the whole land ? . whether the wayes some take in opposing the present government , doth not declare their opposition is not from god , witness the publishing of a libel , called a declaration in the names of severall churches , with severall hands to it , as if it were signed by those said churches , and upon examination it is proved false and counterfeit . i hope many that oppose this government shall see their errour , and be ashamed , if his highness depart not from this government , nor from those who are called sectaries , who have been faithful & owned him , and the welfare of this nation ; whereas the kings party , and the rigid presbyters , though they feare and flatter him , they doe not , nor cannot love him , nor never were ( nor haue we any reason to believe they ever will bee ) true to him and the publick welfare of this nation ? . whether if things were worser then they are , to what purpose is it to murmure and finde fault , for that which cannot be helped , wee quarrell at a man , when it is god that setteth up whom he will , luk. . . dan. . . consider jam. . . & . , . . ex. . ● , , . jud. . . whether it be not better for us to be content with what we have , and hope , and wait for more , then by discontent to make our selvs worse , in losing what we have ? for if we should fall out among our selves , and destroy one another , the kings party are like to possesse all , then it will be worse . . what one thing hath this nation beene oppressed with , more then it was afore , and if so , what reason have any to make such an outcry , as they do against the present government and governor ? . whether there be any government or governors , but have some faults ? . whether those who like not this gouernment , have not as much reason to like it as i , seeing they injoy as much benefit by it as i , for i have nothing by this government but what i pay for , and so much they have . i doe from my heart believe , that it is best for this whole nation , to bee content with this government , and quietly to sit down under it , and to thanke god that things are no worse then they are ; indeed i look upon this government in which we enjoy liberty in matters of religion , to be a blessed government , if the offence of tith were removed , i believe wee should injoy as much freedome and liberty under it , as any doe under any government in all the whole world . finis . to the right honourable, the lord mayor, aldermen, and commons of the city of london in common-council assembled; the humble petition and address of the sea-men, and watermen, in and about the said city of london. prynne, william, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing p b). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing p b estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) to the right honourable, the lord mayor, aldermen, and commons of the city of london in common-council assembled; the humble petition and address of the sea-men, and watermen, in and about the said city of london. prynne, william, - . watermen's company (london, england) city of london (england). lord mayor. city of london (england). court of common council. sheet ([ ] p.). s.n., [london : ] author and imprint suggested by wing. reproduction of original in the henry e. huntington library. eng london (england) -- history -- th century. great britain -- politics and government -- - . broadsides -- england -- th century. a r (wing p b). civilwar no to the right honourable, the lord mayor, aldermen, and commons of the city of london in common-council assembled; the humble petition and ad prynne, william d the rate of defects per , words puts this text in the d category of texts with between and defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion to the right honourable , the lord mayor , aldermen , and commons of the city of london in common-council assembled ; the humble petition and address of the sea-men , and watermen , in and about the said city of london . sheweth , that they cannot without much grief of heart , and consternation of spirit , consider and bewail the extraordinary decay of merchandize , trade , religion , iustice , piety , and inundation of all sorts of oppressions miseries , rapines wars tumults , sects , heresies blasphemies , alterations of government and destructive confusions , which have over whelm'd our formerly flourishing and renowned nations , and this famous city ever since the notorious violations , and subversions of our fundamental laws , liberties , properties governments and parliaments , by the treacherie , and armed violence of ambitious , treacherous mercenaries of inconsiderable fortunes and corrupt principles usurping a more arbitrary dominion over our lives , persons , estates , and priviledges , than the worst of our kingly governors whose desperate counsels practises and innovations have made vs the scorn , derision of all the world and plunged our church state nations , and this famous city , into the very gulph of inevitable ruin ; unless spéedily and timely prevented by your prudent , unanimous counsels , and standing up in the g●p in this day of our publique calamity , by improving your power and interest to accomplish these just desires of your petitioners , and many thousands of these nations , which we humbly conceive to be the onely visible means ( through gods blessing on them ) to obviate our dangers , compose our divisions and restore our pristine peace , vnity , trade , prosperity , and make vs once more a praise amongst the kingdoms , churches , and nations , whom the lord hath signally blessed with glorious deliverances , and transcendent mercies . we shall therefore humbly importune this honorable assemblie ( to whom we can make our addresses ) to endeavour , i. that a free and legal parliament , may with all convenient speed be convened to sit within the city of london , without any forcible interruption or molestation , to settle the government , redresse the grievances , restore the peace , merchandize , trade , and navigation of this nation . ii. that the militia of the city may be presently raised , and put into the hands of such persons , whose principles and actions have evidenced them to be well-affected to government , magistracy , ministry , laws , liberties , the rights and priviledges of parliament , and reformed religion here established . that the guards of the city may be put into their hands , and all obtruded guards , disturbing the peace , obstructing the trade of , and threatning danger to the city , removed . iii. that all such officers and souldiers of the army in and about the city and elsewhere , who shall obey your commands , and contribute their assistance for the calling , & safe-sitting , of a free parliament , may be assured and speedily paid their arrears ; and those , who shall oppose the same , and settlement of the nation , and city , left to publique justice for the murders lately committed , and other misdemeanours . iv. that the nobility , and gentry of quality , in and about the city , may be invited to contribute their counsels and assistance for effecting the premisses . in the prosecution whereof , and our former oaths , protestation ▪ vow and covenant ' we shall with our estates , lives and last drop of our bloods ▪ constantly and unanimously assist your honours , and all others adhering to you , to promote and accomplish the promises and what else your wisdome shall think fit to conduce to the restitution of the publique peace , trade and welfare of this city , and our thrée distracted nations . in witness whereof we hereunto subscribe our hands and hearts . master pyms speech in parliament. wherein is expressed his zeal and reall affection to the publike good. as also shewing what dangers are like to ensue by want of their enjoying the priviledges of parliament. with the generall occasion of grief to the house, thorough his majesties alienating himself from his parliament in his opinions. whereunto is added, some passages that hapned [sic] the ninth of march, between the kings majesty, and the committee of both houses, when the declaration was delivered. what passed the next day, when his majesty delivered his answer. pym, john, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ e _ e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing p thomason e _ thomason e _ thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ], :e [ ], :e [ ]) master pyms speech in parliament. wherein is expressed his zeal and reall affection to the publike good. as also shewing what dangers are like to ensue by want of their enjoying the priviledges of parliament. with the generall occasion of grief to the house, thorough his majesties alienating himself from his parliament in his opinions. whereunto is added, some passages that hapned [sic] the ninth of march, between the kings majesty, and the committee of both houses, when the declaration was delivered. what passed the next day, when his majesty delivered his answer. pym, john, - . p. printed for andrew coe and marmaduke boat, london : [i.e. ] "some passages that hapned the ninth of march" is identified as thomason :e. [ ]. "what passed the next day .." is identified as thomason :e. [ ]. at head of title: march . reproduction of the original in the british library. eng charles -- i, -- king of england, - -- early works to . speeches, addresses, etc., english -- early works to . great britain -- history -- civil war, - -- sources -- early works to . great britain -- politics and government -- - -- sources -- early works to . a r (thomason e _ e _ e _ ). civilwar no master pyms speech in parliament. wherein is expressed his zeal and reall affection to the publike good.: as also shewing what dangers are pym, john c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion ●●●cious assembly to consider of it , and i that have discharged my duty in motioning , shall likewise joyn with you for the effecting of all things for the good of this kingdom . some passages that hapned the ninth of march , between the kings majesty , and the committee of both houses , when the declaration was delivered . when his majestie heard that part of the declaration which mentioned master iermyns transportation , his majestie interrupted the earl of holland in reading , and said , that 's false . which being afterwards toucht upon again , his majestie then said , 't is a lye . and when he was informed , it related not to the date , but the execution of the warrant . his majesty said , it might have been better expressed then ; and that it was a high thing to taxe a king with breach of promise . as for this declaration , his majestie said , i could not have beleeved the parliament would have sent me such a one , if i had not seen it brought by such persons of honour . i am sorry for the parliament , but glad i have it : for by that , i doubt not to satisfie my people ; though i am confident , the greater part is so already . ye speak of all councels , but i am confident the parliament hath had worse informations then i have had councels : his majestie asking what he had denyed the parliament , the earl of holland instanced that of the militia ; his majestie replyed , that no bill : the earl of holland then said , it was a necessary request at this time ; and his majesty also then said , he had not denied it . observations upon a late libel, called a letter from a person of quality to his friend, concerning the kings declaration, &c. halifax, george savile, marquis of, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing h estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) observations upon a late libel, called a letter from a person of quality to his friend, concerning the kings declaration, &c. halifax, george savile, marquis of, - . p. printed for c.m., [london : ] caption title. attributed to george savile, st marquis of halifax, by the editor and in a manuscript note on the copy in the library of trinity college, cambridge. reproduction of original in huntington library. satiric comments upon the whigs' reaction to the dissolution of the oxford parliament. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- sovereign ( - : charles ii). -- his majesties declaration to all his loving subjects. letter from a person of quality to his friend, concerning his majesties late declaration. great britain -- politics and government -- - . - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - olivia bottum sampled and proofread - aptara rekeyed and resubmitted - jason colman sampled and proofread - jason colman text and markup reviewed and edited - pfs batch review (qc) and xml conversion observations upon a late libel , called a letter from a person of quality to his friend , concerning the kings declaration , &c we live in an age where ill humor and malice to the government do so prevail , that men rail without any manner of distinction , and without examining what things are good or bad in themselves ; there seemeth to be no other rule allowed by one sort of men , than that they cannot err , and the king cannot be in the right : this general maxim is so easie , by taking the trouble of any further enquiry , that no wonder if it is cherished and entertained ; and those who are so prepossessed , are ready to turn the best things to a wrong sense , and to receive such an interpretation of every thing that comes from the court , as their misleaders are pleased to impose upon them . the wiser sort of them knowing nothing is so destructive to their ends , as that the government should take such measures as might silence their objections , have an interest to blast every thing that is done on that side , and to disfigure with the colours they put upon them , all such things as might undeceive the people , and reconcile them to the crown ; for at the same time they appear so eager to have grievances redressed , their more secret prayers are that they may be increased : if the court maketh any false steps , or giveth any provocation , it raiseth noise and clamour , the voice against it is loud ; but the killing grief that afflicteth them inwardly , and galleth them to the soul , is ▪ when the king doth a gracious or a plausible act to the publick . of this there cannot be a greater instance than their being so afflicted at the kings late declaration : it was an evidence of their grief , that it was so long before they answered it : it was received with a silent indignation that the court should presume to out-argue them ; and though they had rage enough to rail , yet they were for some time restrained from their usual dialect by the reverence that is due to reason , even when it is contrary to our passions or interests . at last when they saw the effect it had in the nation , and being not without reason apprehensive , that mens eyes might be so opened as to see them through their popular disguise , they thought of two ills , it was advisable to chuse the least ; and rather than lie under the general reproach of having nothing to say , they chose to venture a reply , though they could not make a good one , presuming upon the success they had met with in their imposing upon the world , and believing it would be so favourably disposed on their side , that where their false arguments could not pass , they would at least be connived at . this being after more than one meeting resolved at a consult , out cometh a letter to a friend , which of late signifieth little less than a proclamation set out by the authority of the high and mighty conservators of england , there is only this difference which is for their advantage , that if these letters take in the world , they are imputed to the wisdom of these great governors ; if not , they are easily laid upon some foolish fellow that would be scribling ; by which means the veneration due to these princes of the people remains unblemished and entire . this coming with other pamphlets to me in the country , i was tempted to make some short observations which are submitted to the censure of the unbyassed reader . first they are troubled , that though parliaments are frequent , they are short and useless . the king hath done his part in calling parliaments often , for which he is to be thanked ; except it can be made evident it was his fault that they were of no longer continuance : so far from that , it is plain these men who complain have been so much the cause of the late dissolutions , that one would swear they designed to provoke the king to them , and that he hath had in these cases so much patience , he can hardly answer it to the nation , whose peace he is entrusted with and bound to preserve . the excesses of the commons were beyond the cure of lower remedies , and there was no other choice left , than either to part with the parliament , or let the two houses continue sitting in a state of hostility hardly possible to be reconciled ; of which the consequences are so obvious , and might have been so fatal , that we are to thank god the constitution of the government hath lodged this necessary power in the crown to preserve us from ruine upon such occasions . but fain they would have parliaments sit as long as they please , and i cannot blame them , authority is sweet ; and a member of parliament that would have us believe he bringeth all the sense of his country or corporation along with him , cometh to teach the king better manners , and to advise him to keep better company . i say for such a dignified creature as this is , by one word of the kings mouth to be reduced into his own single self again , is so cruel a change , that no wonder if men so degraded are angry at it , and would be glad , instead of being as little men as their neighbors , to gain that superiority which nature denied them , by virtue of an authority to continue for their lives . it seemeth then by this , that a long parliament is not in it self a grievance , for now they would have one that they think their party shall prevail in it . and it is observable that those who were for the first long parliament , and against the second , are now the chief men that would have a third : how far this should recommend the opinion either to the king or the nation , i leave every man to judge ; but to do these men right , they are for the present so modest they will not speak out , so i will do it for them . the little thing they would have is a house of commons that may do what they will ; how they will , and as long as they will , that is for ever , whether the king liveth or dieth , they must not be discomposed , nor their authority interrupted , for i would fain know where lieth the real difference between having a parliament sit for ever , or till all grievances are redressed : the distinction will be very nice in an age where it is treason against the people not to grumble against the government . these rich mines of fears and jealousies can never be exhausted in our time , so that the workmen are sure not only to be employed for their lives , but to secure their posterities being so after them . the monarchy in the mean time would be in a good case to be under the continual wardship of such severe guardians ; and these very gentlemen who have upon another occasion affirmed that the very name of king must of necessity carry the authority along with it , would not fail to give a full instance to the contrary , if they could ever catch our master in the net of a perpetual parliament . they are troubled that the declaration should be read in churches , from which this observation naturally ariseth , that they apprehend the making it so publick , may both expose them , and do the king right to the people ; else sure they would not of a suddain be so well natured , as to discourage the reading it , if they had thought the weakness of the argument might have brought any disadvantage upon the king. this paper hath laid down maxims that are very new in our constitution , the king can make no ill orders because they must be by advice of his council . this is a new government , and the monarchy put so much into the venetian shape , that a man would have much ado to distinguish them . it will be granted that the king is to hear the advice of his council , but for him to be bound by it , would make that greater than the parliament ; where if the king hath right to refuse any bill that is offered , sure he may in council reject any opinion . i am confident it is not their meaning to attribute such an authority to the present council ; i am persuaded it is far from their thoughts to wish the king should be swayed by a number of men who are so little in their favour , and especially since it wanteth the help of those whose abilities and other vertues in their opinion did formerly support it . this complement must therefore be intended for another council , a confiding council that is to be made up with the rest of the new model , we may suppose is prepared against the bill of exclusion is pass'd , and then they do not care how much power they give to themselves , or take away from the king. to excuse the not giving money for tangier , they pretend they could not be secure of its being disposed to that use . it is hard they should expect the world should believe them in this , when it is certain they do not believe themselves . the experience we have had in our own time may sufficiently convince them of the injustice of that objection ; and to say paper laws are nothing , is to say our liberties and properties are nothing , since we hold them chiefly by that tenure : but the truth is , these men would impose upon us , that an act of parliament will secure nothing they do not like , and do every thing they have a mind to : for instance , an act for excluding the duke is all-sufficient . an act for limiting him impossible . an act of exclusion will secure all . all other laws are but cobwebs not to be relied upon . these riddles are delivered to us with such authority , that we are to receive them as oracles , and it is become a mortal sin for any man to question the sense of them . this slender way of reasoning being so openly liable to consutation , and the disguise so thin that every body must see through it , they have recourse to that common place , the plot , for a butteress and a support to arguments that are too weak to bear up themselves . it is a retreat when they are beaten in dispute , an answer to any question at a pinch ; it is but saying there is a horrid plot against our religion , the kings life is in danger , the pilgrims are coming from st. jago , and the earl of shaftsbury is to be murthered , and the popular champion triumpheth without the help of sense , against his adversary . that there hath been a plot , is as certain , as that the men who most exclaim against it are of all men living the most unwilling to part with it : they cherish and nurse it up with more care than the jesuites themselves ; they hug it so fast , that it sheweth how much they value it , as the dear instrument they make use of to destroy the government . the day of judgment would not be much more terrible to some men , how little soever they are prepared for it , than that day which should wind up the bottom of this beloved plot , that men might come into their wits again . ungrateful men then , that speak ill of the only thing in this world that supporteth them ; but the good men in their hearts are far from meaning it any harm . were the plot once over , the earl of shaftsbury would be quite degraded , lose his respect at wapping , and his authority in the coffee-houses . his lordship would put off his dissembling-shape , and in this be a true mourner : for never man could have a greater loss , and no doubt it would out of grief make him retire into some hidden corner , rather than see himself reduced to the miserable necessity of being quiet for want of sufficient matter to trouble himself and the world with ; so that when these men pretend to desire an end of the plot , it is a jest fitter for a smile than an answer . it is said dangerfield was a rogue , granted , and yet as i hear , this rogue was brought into both houses just before the debate , to whip them up into the bill of exclusion , but now they tell a very strange thing , which is , that dangerfield is become truly honest . it is much , and in my opinion , it is a lower kind of transubstantiation to believe dangerfield is honest , when nothing in visible but the knave . that this man should be made honest would be a mighty cure , and such a one as some of his doctors would be loth to work upon themselves . in the mean time i cannot but put them in mind that it looketh a little popish , not only to give a general indulgence to such a known sinner , but immediately to make a saint of him . if the gathered churches can do such miracles , it is well , but if they should endeavour to put false ones upon the world , it might disparage their prudence , and lessen their reputation ; of which i am so tender , that in kindness to them i give them this warning of it . it is true that in some respects the maxim is not inconvenient for these good men , that there can be neither fools nor rascals on their side , and that the being of their opinion , like the crown , taketh away all defects : by virtue of this charm dr. oats is a divine , mr. mountague a protestant , lord lovelace a saint , sir thomas armstrong a patriot , and sir harry capel a statesman . i cannot but take notice of the fears the earl of shaftsbury hath for himself , and in good nature would be glad to ease him of them ; in order to it , i beg of him to believe the papists are as tender of his life , as his lordship is of the plot : and for the same reason , because he is of use to them , he hath absolutely saved them by spoiling a good plot , and dressing it so scurvily by the help of his under-cook , that now it maketh even the best mens stomachs rise at it . he serveth up things so much above the strongest digestion , that few men can be persuaded to swallow them . so that a man may affirm , that if it was a folly in the papists to kill sir edmond godfrey , it would be a madness in them to hurt the earl of shaftsbury . these gentlemen are angry with the guards which are so illegally kept up . pray since when are they judged so ? is it only since the duke of monmouth was put away from them ? strange ! that since that time there must be such a change , that he must be made lawful , and they illegal . it must be confessed , that next to the laws , the guards are the things of the world these men most hate : fie upon them naughty fellows , rhey stand between them and home . the good men would fain have a safe victory , and do their business without venturing their skulls . for would it not be a cruel thing for an honest well-meaning mutineer for his zeal to destroy the government , whilst he is about it , to have his brains knockt out ; and so lose the benefit of spoiling the aegyptians . verily it is much better to have the guards down , that he may walk into whitehal with less peril of his person , and help to remove the dukes creatures out of all places military and civil . for be it known to all men by these presents , that the duke is more dangerous to us as he is the great minister of state , than as he is the next successor . say you so , gentlemen , men guessed before this was your meaning ; but i am sorry for your sakes you are so unwary as to discover it : why such earnestness to remove the successor , when the danger is confessed to be greater from the minister ? come , speak out , the position is , the duke governeth all ; consequently every man in employment is his creature , for that they are to be turned out , and these gentlemen taken in : the design is well enough laid , and would to them more good than the bill of exclusion , which is but a pretence , and a thing fitted for other ends : but they did not do well to blab this out before it was time , it is a thousand pities the scheme should not take , but i very much doubt it as things now stand , which is to be lamented , that the good men should have taken so much pains , and all likely to be to so little purpose . after having arraigned the declaration , they come to justifie the proceedings of the commons in the two last meetings , and speaking of some of their addresses , say , the nature , and true state of affairs would not bear a milder way of representing things to his majesty . let them speak truth , was it not rather the nature of those men , whose pride and anger made them delight in handling the king roughly , and persuade the house , when they were asked what should be done with tangier , to answer with popery and a remonstrance . in the mean time i admire the caution of those wise and good men , who as the paper saith , thought the commons had gone too far , insomuch as mentioning money till our safety was fully provided for . they must be very jealous that could suspect any such danger ; for besides that we are very safe in the management of those that led the house , who no doubt will ever have a most particular care of us in these cases ; one may assure the wise and good men of a further and better security , which is , that the government is not yet so low as to sell it self so cheap . as for what the commons proposed , when-ever they have a mind to deal , it is to be hoped they will offer some more equal bargain , than to demand from the king the whole power of the crown both civil and military , and to propose from themselves things so general , and so low , that the supreme wisdom of the nation could hardly be thought in earnest when they offered them . it is added for a further excuse that jealousies easily arise amongst numbers , which is enough to hinder any intended agreement . the answer to this is , that it is true , there did arise some jealousies , that the promoters of an agreement with the king did not forget themselves in it ; but the gentlemen who were concerned being sensible of it , did for their vindication procure a solemn vote , that no member of the house should receive any place from the king without the leave of the house , which was so perfect a cure for jealousie , that they are unjust to be against all expedients , after this had been so prosperous . i am half in a rapture , when i think of this glorious vote , worthy to be written in letters of gold , and impossible ever to be enough commended : by the first part of it they shewed their self-denial , and by their second their deference to a house they thought at least they governed . great men sure they must be , and blessed with so happy genius , that could so mingle their discretion with their generosity , as at once to gain honor , and provide for their interest . the answer to the kings charge upon them for their arbitrary orders , is so weak and faint , that it cometh very near a confession of their guilt in it , and it would be unkind to press them too hard in that which they themselves seem to be ashamed of . i will only take notice of one expression , which is , that they have erred with their fathers . if this is not true , it is no good argument : and if it is true , they must allow it to be as good a one for the papists , as it is for the commons . they come next to support their votes against particular persons , and do very boldly assert it may be made good by law ; the king ought to have no person near him who hath the misfortune of such a vote upon him . great lawyers no doubt have their part in this assertion : but they who in so many cases dispute the authority of the crown , must allow men in this to demur to theirs ; and i am troubled that a vote of the commons must be called a misfortune ; because it looketh as if chance or sudden heat , rather than the deliberate debates and justice of the house had produced it . where there is a setled rule , and that right only prevaileth , as mens guilt maketh them fall , so their innocence absolveth them . but if men must depend upon their good or ill stars , or upon the waspish humor of an assembly when an angry planet reigneth , the consequence is , that a man though never so faultless may by misfortune without guilt be transformed by a vote , into an enemy of king and kingdom ; that is to say , into a man fit to be knocked on the head , and the murtherer to be rewarded as the law formerly directed for killing a wolf ; and yet god forbid one should think the commons intended him any harm . well , but if the house declareth they have just reason to fear such or such a person dangerous , must there be order and process of law before he can be removed ? when the commons have just reason to fear such a thing , it is to be hoped the whole house knoweth that just reason , or else they would not vote it : when-ever therefore they will tell that just reason to the king , he is to blame in case he findeth it so , if he doth not comply with them ; but if he judge otherwise , he hath as much right to refuse , as they can pretend to have to ask . but if it must be so , that not only the real , but the pretended fears of some angry men , who may have influence enough to mislead an assembly not sufficiently informed , are to have such an authority , that the kings negative to them is disallowed , it is such a change of the constitution , that the legislative power is wholly melted down into one of the parts that hath yet no power to do any act that is binding without the concurrence of the lords , and the kings royal assent . this doth so much out-go even our modern plato , that it will be a harder matter than perhaps these gentlemen think , to get either the king or the nation to consent to it . men are not so well edified with the practice of the commons in this last age , or the justice that hath been usually distributed by their sovereign committees , as to devolve the whole power into their hands , thinking it much better lodged where it is by the present constitution . but it is said the commons by their late methods do not fine men , nor deprive them of life , liberty , lands or offices beneficial . i would first ask , is it not a fine , and to many men the worst kind of fine , to be excluded from the lawful advantages every subject is born to . would not a merchant think it a fine , if he were sentenced never to go to sea again ? or to come nearer , would not these very men of law who will have this pass upon us , take it unkindly , and think it a fine , if they were excluded from all practice ? 't is true , if they would always argue for their clients ; as they do now for the commons , their loss perhaps might not be very great ; but presuming better things of them , i conclude the sentence would be very heavy , and that they would think it so . concerning life , if the definition of an enemy to king and kingdom is certain creature that is not fit to live , then the commons have done all they can to take away the lives of those they have so sentenced , except they had sent a select committe to strangle them , which had not been so convenient till the laws are removed , which would have made it murther ; so that they must either say that a man who doth what lieth in him to kill me , meaneth no hurt to my life , which is but indifferent sense ; or they must confess there was plain murther in the intention of those votes . for to borrow their own stile , it may be resolved by the authority of impartial reason , that whosoever voted any of those persons enemies to king and kingdom with any other intent than that the said persons should be absolutely destroyed , is a mad-man , an ideot , a promoter of lunacy , and an enemy to common sense . then for liberty , see whether that is touched or no. if liberty signifieth a power of doing every lawful act , and that it is a lawful act for every subject to have access to his prince , then without some act committed to forfeit that common right , it is a wrong in any one man , or any number of men to address to the king for the incapacitating any one man in this case . sure men will not say our liberty is not invaded except we are thrown neck and heels into a dungeon . it is a tenderer thing than that cometh to , and it hath been formerly judged even by a house of commons , that mens being sent away against their wills upon forein employment , was a confinement . by this it may appear that it is possible to make an unjust demand as well as to give an unjust sentence : and though the king hath power to refuse any thing that is asked of him , whatever some men would persuade us to the contrary , yet that doth neither absolve the commons , nor any other man from the guilt of making a request that is not just , nor from the folly of making one that is not pertinent . let us see now whether even mens lands would not have been reached by these votes , if these good gentlemen might have had their will ; for by the same rule that a true protestant jury must have been directed by them not to find it murther in any man to kill an enemy to king and kingdom , they must upon any dispute of title of land , give it without going from the bar against any man so branded and proclaimed . sure a french or dutch-man , at a time when they are in open war with us , would hardly hope to carry a cause against an english-man in westminster-hall ; no more is a man to pretend , whilst under a character that putteth him into a state of hostility with england , to keep up a suit against a neighhor , or expect the benefit of the law , which is to give no protection to publick enemies . as to offices beneficial , it must be confessed they shew some gentleness at last , and give so much indulgence to those they have displaced by their votes , that i do not see but any of them may upon due application , and expressive and fit remorse for the insolence of resisting their high and mighty pleasure , be admitted to be a constable or headborough in wales or cumberland , or some such unexpected office in which the publick state affairs are not immediately concerned , where they may exercise their magistracy , and enjoy their dignity without prejudice to the nation . this grace seemeth the fitter to be acknowledged , not only because it is perhaps the first evidence that party hath given of their good nature , but because they do in this deal more gently with those against whom they have voted , than they do with his majesty himself as well as they love him ; for by what i can perceive , the king is only to eat and drink , and perform some offices of nature . they are kind men ; but it was not artificially done to leave it out , that a king is to have some pocket-money for play things , since it is but reasonable for them to use a thing kindly , which if they can have in their power , they intend to make so good use of . that wise and great princes have sometimes hearkened to addresses of this kind , is not truer , than that they have oftner denied them : for the king to do in all cases like a wise and a great prince , as it is a general proposition , all who do not know him have reason to wish it , and all who do have very good grounds to hope it . but as far as one sort of men may be concerned in their own particulars , i guess wrong , if it would not be too fatal a thing to them ever to joyn in prayer for it . the votes to forbid men to lend the king money , are to these mens thinking not only justifiable , but very wise ones too . these are epithetes which it seemeth belong to every thing they do , or else i would ask where is the justice of doing that for which they have no authority , or the wisdom of doing that which hath no effect ; only it sheweth their good will , by throwing the greatest indignity they could upon the government . men will lend still notwithstanding this mighty vote , and perhaps upon easier terms than these gentlemen would require for any money they part with in parliament . in the mean time would these equitable men take it well , if by their example the king should send to all the burroughs and counties in england not to chuse such and such men , nor to trust those with a share in making laws , who have in the late parliaments assumed to themselves the priviledge of breaking them ? the argument is at least as strong on the kings side , without any complement to majesty , as they can pretend to make theirs , upon the pretence of distrust , or the mis-application of the publick money : and yet i persuade my self , they would hardly allow such a proceeding , or commend it , as they do their own , to be wise and justifiable . they take so much care of the houshold , that one would ordinarily suspect they had some correspondence with the discontented reformadoes of the green-cloth . i who live in the country will never speak against the smell of beef , no more than i will recommend that of match to be at white-hall instead of it : but i am far from apprehending the country farmer to be concerned in the late retrenchments ; for ever since the tables were removed out of the hall , and the brewis turned into fricassees , they have lost their part in them , and especially since the kings coming in , not only the country farmer , but the country gentleman ; and if you will the country lord too might have been shrewdly disappointed if they had depended upon the hospitality of the white-staves for a dinner : that whole business was brought into so unpopular a shape , that the nation will hardly take up arms to restore three or four tables ; they are rather pleased to see them put down , since they were so transformed , and wholly altered from their first institution . the bankers are called the bane of the nation ; if so , i have a great mind to believe , if it was possible ▪ it was for that reason alone , the earl of shaftsbury broke them . i never was partial to that sort of men , and so will leave them to make their own apologies : but i must say , it seemeth a little hard to me to make these positions , the bankers nor any body else must lend the king money . the kings wants are only to be supplied by parliament . the parliament is not to give the king a farthing . these laid together , have in my judgment a very odd appearance : ay , but the king shall have money enough upon good terms from the parliament : shall he so ? these good terms are to come ; for those that have hitherto been offered are so far from tempting , that they may rather fright the king from dealing with the same chapmen . would these gentlemen grow a little kinder and treat for a mortgage of the crown , allowing equity of redemption , it might incline the king to hearken to them ; but by all that appeareth yet , we may conclude nothing less will satisfie than a total surrender and passing away his title to them . in the case of eliz. it is pretended the commons did not assume the power of suspending acts of parliament : what was it then ? they did a thing they had a mind to in a manner they cannot justifie ; they have as much right to make a law , as they have singly to declare what is law : but because they seem to give up the cause by the flatness of their answer , i will only add , that as their zeal in this case transported them beyond their bounds , it is to be hoped , time and second thoughts will reduce them to a better temper against the next meeting . in mr. fitz-barrls's case it is said the commons could not come to a conference before they came to a resolution : suppose it , what then ? must that resolution of necessity produce such votes ? if they had upon a cool debate resolved that they were in the right , and sent to confer with the lords either to have brought them to their opinion , or laid it aside if the lords could have used arguments strong enough to convince them , they had prevented all objection . but to say the commons could not resolve this amongst themselves without such injurious and unparliamentary terms as they were pleased to make use of in their votes , is to say , if i have a difference with another man , and would discourse with him to compose it , i must needs for the better asserting my own right , send him word beforehand , he is a rogue and a villain , as a fitting preliminary for a friendly conference in order to an agreement . for their votes upon this occasion have , as much as in them lay , put the house of lords under an interdict , and fixed such a character upon their whole body , that if were not a little sanctified by that chosen remnant of protesting lords , i do not know but it might bear an action , to be called by the scandalous name of a peer , after a sentence that putteth all the lords in as i● a condition as those few that in the former parliament they bestowed their votes upon . how much soever these gentlemen may flatter themselves in this matter , i can assure them , we in the country understand it otherwise than they would have us : for by the infinite heat and strugling to put off his tryal both in and since the parliament , and by the character of the persons who principally appear in it , we are apt to conclude so warm a contention must be grounded upon something very considerable ; and we take it to be , that could this point be gained , men might either speak or act treason with impunity ; and that would be of such excellent use to some men , that no wonder if they are very earnest to compass it . i am very glad to hear there is nothing to be said for those angry men who have particular designs ; if any thing could have been said , i am confident it might concern some of those who have had a hand in this paper , so far as to have persuaded them to venture at their apology . there is an assertion made with the modesty and truth which belongeth to their party , viz. that all who are out of their places might have kept them . if i am either rightly informed , or may be allowed to guess from what they deserved , it is perhaps the only excuse those men have for their ill manners , that from the prospect they had of being turned out , they chose to prevent the kings justice , and to gain popularity , by endeavouring asmuch as in them lay to threw the affront upon him . the court hath long lain under the scandal of popery , but it was news to me that they were for a common-wealth too : this is so very unlikely , that for the sake of our religion which dependeth so much upon their credit , i must give them warning to be a little more cautious in their accusations , and take care that one part of their charge may agree with another ; else as it happeneth to their mufti dr. oats , men will be tempted by their alledging things impossible , to have doubts even of that part of their evidence which may be true . the last paragraph telleth us how we shall be happy ; and the king be himself . i was eager to know this receipt , having a great mind for my own sake , and for every bodies else , to have such a thing compassed ; but by taking the sense of the words as well as i can , it is no more than this in short : all will be well if the king will be entirely governed by the house of commons ; for we know they alone signifie the parliament , as they have more than once given us to understand by their votes : and that their advices are to be commands , is no more a doubt , than that their orders are to be laws . i shall give no answer to this , but may be permitted to guess the kings will be 〈◊〉 roy s'avisera . in the mean time i have so great a desire to be happy my self , and that the nation may be so too , that if any thing may be received under the unwelcome name of expedients , i would beg leave to offer a few to their better consideration . i. that no man who hath by notoriety of the fact within seven years last past promoted or connived at popery , be thought now in earnest when he bawleth against it , or ever be admitted into publick employment . ii. that no man who hath principles against all kings , may pretend to advise ours . iii. that none who would have places for themselves , shall have any vote to put others out of them . iv. that none who have thought fit to leave the council , should ever so disparage themselves as to return into it . v. that none may ever be thought fit for counsellors , or any other employment , who have so little wit as to expect the nation should be angry with the king , because they are afraid for themselves . vi. that no member of either house who in former parliaments never consulted his conscience , be now allowed to be a martyr for it . vii . that no man who is a known ass in his own business , may be thought fit to meddle with the kings . these things being granted , it is clearly my opinion , the king should stick at nothing the next parliament can ask of him . mens minds would be so quieted when they saw a foundation laid of such impartial justice , that we might hope for peace and union ; and when the vizzard of popularity is taken off , to see england look like it self again . this is to be desired for many reasons ; and besides those which relate to the publick , i wish it for a particular satisfaction to my self , who being void either of the ambition or the merit of pretending to any share in business , should think my self very happy in the enjoyment of those mens conversations , whose politicks i cannot so well agree with , being confident that this would be a kind of act of exclusion upon these measures , and that the greatest number of the complaining men would be at liberty and unemployed . printed for c. m. . a treatise of civil policy: being a resolution of forty three questions concerning prerogative, right and priviledge, in reference to the supream prince and the people. / by samuel rutherford professor of divintiy of st andrews in scotland. rutherford, samuel, ?- . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; 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(eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) a treatise of civil policy: being a resolution of forty three questions concerning prerogative, right and priviledge, in reference to the supream prince and the people. / by samuel rutherford professor of divintiy of st andrews in scotland. rutherford, samuel, ?- . [ ], p. printed and are to be sold by simon miller at the star in st pauls church-yard near the west end., london, : [i.e. ] annotation on thomason copy: "march. 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edited - pfs batch review (qc) and xml conversion a treatise of civil policy : being a resolution of forty three questions concerning prerogative , right and priviledge , in reference to the supream prince and the people . by samuel rutherford professor of divinity of st audrews in scotland . london , printed and are to be sold by simon miller at the star in st pauls church-yard near the west end . . l. an. senecae octavia . nero , seneca . sen. nihil in propinquos temerè constitui decet . ner. iustum esse facile est , cui vacat pectus metu . sen. magnum timoris remedium clementia est . ner. extinguere hostem , maxima est virtus ducis . sen. servare cives major est patriae patri . ner. praecipere mitem convenit pueris senem . sen. regenda magis est fervida adolescentia . ner. aetate in hac satis esse consilii reor . sen. vt facta superi comprobent semper tua . ner. stultè verebor , esse cum faciam , deos. sen. hoc plus verere , quod licet tantum tibi . ner. fortuna nostra cuncta permittit mihi . sen. crede obsequenti parciùs : levis est dea. ner. inertis est nescire quod liceat sibi . sen. id facere laus est , quod decet , non quod licet . ner. calcat jacentem vulgus . sen. invisum opprimit . ner. ferrum tuetur principem . sen. meliùs fides . ner. decet timeri caesarem . sen. at plus diligi . ner. metuant necesse est . sen. quicquid exprimitur grave est . ner. iussisque nostris pareant . sen. iusta impera . ner. statuam ipse . sen. quae consensus efficiat rata . ner. despectus ensis faciet . sen. hoc absit nefas . the preface . vvho doubteth ( christian reader ) but innocencie must be under the courtesie and mercy of malice , and that it is a reall martyrdome , to be brought under the lawlesse inquisition of the bloody tongue ? christ , the prophets and apostles of our lord , went to heaven with the note of traytors , seditious men , and such as turned the world upside down : calumnies of treason to caesar , were an ingredient in christs cup , and therefore the author is the more willing to drink of that cup that touched his lip , who is our glorious forerunner : what if conscience toward god , and credit with men , cannot both go to heaven with the saints , the author is satisfied with the former companion , and is willing to dismisse the other . truth to christ , cannot be treason to caesar , and for his choise he judgeth truth to have a nearer relation to christ jesus , then the transcendent and boundlesse power of a mortall prince . he considered that popery and defection had made a large step in britain , and that arbitrary government had over-swelled all banks of law , that it was now at the highest float , and that this sea approaching the farthest border of fancied absolutenes , was at the score of ebbing : and the naked truth is , prelats , a wild and pushing cattle to the lambs and flock of christ , had made a hideous noyse , the wheeles of their chariot did run an equall pace with the blood-thirsty mind of the daughter of babell . prelacie , the daughter planted in her mothers blood , must verifie that word , as is the mother , so is the daughter : why , but do not the prelates now suffer ? true , but their suffrings are not of blood , or kindred , to the calamities of these of whom lactantius saith , l. . c. . o quam honesta voluntate miseri erant . the causes of their suffring are , . hope of gain and glory , stirring their helme to a shoare they much affect ; even to a church of gold , of purple , yet really of clay and earth . . the lye is more active upon the spirits of men , not because of its own weaknesse , but because men are more passive in receiving the impressions of error , then truth ; and opinions lying in the worlds fat wombe , are of a conquering nature , what ever notions side with the world , to prelates and men of their make are very efficacious . there is another cause of the sicknesse of our time ; god plagued heresie , to beget atheisme and security , as atheisme and security had begotten heresie , even as clouds through reciprocation of causes engender rain , rain begate vapours , vapours clouds , and clouds rain , so do sins overspread our sad times in a circular generation . and now judgement presseth the kingdoms , and of all the heaviest judgements the sword , and of swords the civill sword , threatneth vastation , yet not , i hope , like the roman civill sword , of which it was said , bella geri placuit nullos habitura triumphos . i hope this war shal be christs triumph , babylons ruine . that which moved the author , was not as my excommunicate adversary , like a thraso , saith , the escapes of some pens , which necessitated him to write , for many before me hath learnedly trodden in this path ; but that i might adde a new testimony to the times . i have not time to examine the p. prelates preface , only , i give a tast of his gall in this preface , and of a virulent peece , of his ( agnosco stylum et genium thrasonis ) in which he laboureth to prove how inconsistent presbyteriall government is with monarchy , or any other government . he denyeth that the crown and scepter is under any coactive power of pope , or presbiterie , or censurable , or dethroneable : to which we say , presbyteries professe that kings are under the coactive power of christs keyes of discipline , and that prophets and pastors , as ambassadors of christ , have the keyes of the kingdom of god , to open and let in beleeving princes , and also to shut them out , if they rebel against christ ; the law of christ excepteth none , mat. . . mat. . , . cor. . . jer. . . . if the kings sins may be remitted in a ministeriall way , as joh. . , . as prelates and their priests absolve kings ; we think they may be bound by the hand that loosed , presbyteries never dethroned kings , never usurped that power ; your father p. prelate , hath dethroned many kings ; i mean the pope , whose power , by your own confession cap. . pag. . differeth from yours by divine right , only in extent . when sacred hierarchy , the order instituted by christ , is overthrown , what is the condition of soveraignty ? ans . surer then before , when prelates deposed kings . . i fear christ shall never own this order . the mitre cannot suffer , and the diadem be secured . ans . have kings no pillars to their thrones , but antichristian prelates ? prelates have trampled diadem and scepter under their feet , as histories teach us . doe they not ( puritans ) magisterially determine , that kings are not of gods creation by authoritative commission ; but only by permission , extorted by importunity , and way given , that they may be a scourge to a sinfull people ? ans . any unclean spirit from hell , could not speak a blacker lye , we hold that the king , by office , is the churches nurse father , a sacred ordinance , the deputed power of god ; but by p. p. his way , all inferior judges , and gods deputies on earth , who are also our fathers in the fifth commandements stile , are to be obeyed by no divine law ; the king misled by p. prelates , shall forbid to obey them , who is , in right-down truth , a mortall civill pope , may loose and liberate subjects from the tye of a divine law . his inveying against ruling elders , and the rooting out of antichristian prelacie , without any word of scripture on the contrary , i passe as the extravagancy of a malecontent , because he is deservedly excommunicated for perjury , popery , socinianisme , tyranny over mens conscience , and invading places of civill dignity , and deserting his calling , and the camp of christ , &c. none were of old anoynted , but kings , priests and prophets , who then more obliged , to maintain the lords anoynted , then priests and prophets ? the church hath never more beauty and plenty under any government , then monarchy , which is most countenanced by god , and magnified by scripture . ans . pastors are to maintain the rights of people , and a true church , no lesse then the right of kings ; but prelates the court parasites , and creatures of the king , that are born for the glory of their king , can do no lesse then professe this in words , yet it is true , that tacitus writeth of such , hist . l. . libentius cum fortuna principis , quam cum principe loquuntur : and it is true , that the church hath had plenty under kings , not so much , because they were kings , as because they were godly and zealous : except the p. p. say , that the oppressing kings of israell and judah , and the bloody horns that made war with the lamb , are not kings . in the rest of the epistle , he extols the marques of ormond with base flattery , from his loyalty to the king , and his more then admirable prudence in the treaty of cessation with the rebells ; a woe is due to this false prophet , who calleth darknesse light , for the former was abominable , and perfidious apostacy from the lords cause , and people of god , whom he once defended , and the cessation was a selling of the blood of many hundred thousand protestants , men , women , and sucking children . this cursed p. hath written of late a treatise against the presbyteriall government of scotland , in which there is a bundle of lyes , hellish calumnies , and grosse errors . the first lye is , that we have lay-elders , whereas , they are such as rule , but labour not in the word and doctrine , tim. . . pag. . . the second lye , that deacons who only attend tables , are joynt rulers with pastors , pag. . . that we never , or little use the lesser excommunication , that is , debarring from the lords supper . pag. . . that any church judicature in scotland , exacteth pecuniary mulcts , and threaten excommunication to the non-payers , and refuseth to accept the repentance of any who are not able to pay : the civill magistrate only fineth for drunkennesse , and adultery , blaspheming of god , which are frequent sins in prelates . a calumnie it is to say , that ruling elders are of equall authority to preach the word , as pastors , pag. . . that lay-men are members of presbyteries or generall assemblies ; buchanan , and mr. melvin , were doctors of divinity : and could have taught such an asse as jo. maxwell . . that exspectants are intruders upon the sacred function , because as sons of the prophets , they exercise their gifts for tryall in preaching . . that the presbytery of edinbrough hath a superintending power , because they communicate the affaires of the church , and writ to the churches , what they hear prelates and hell devise against christ and his church . . that the king must submit his scepter to the presbytery ; the kings scepter is his royal office , which is not subject to any judicature , no more then any lawfull ordinance of christ ; but if the king as a man , blaspheme god , murther the innocent , advance belly-gods , ( such as our prelates for the most part were ) above the lords inheritance , the ministers of christ are to say , the king troubleth jsraell , and they have the keyes to open and shut heaven to , and upon the king , if he can offend . . that king james said , a scottish presbytery , and a monarchy , agreeth as well as god and the devill , is true , but king james meant of a wicked king ; else he spake as a man. . that the presbytery out of pride refused to answer king james his honourable messengers , is a lye , they could not in businesse of high concernment , return a present answer to a prince , seeking still to abolish presbyteries . . it s a lye , that all sins , even all civil businesse , come under the cognizance of the church , for only sins , as publikely scandalous , fall under their power , mat. . , , . &c. thess . . . tim. . . it is a calumnie that they search out secret crimes , or that ever they disgraced the innocent , or devided families , where there be flagrant scandals , and pregnant suspitions ; of scandalous crimes , they search out these , as the incest of spotswood , p. p. of saint andrewes , with his own daughter ; the adulteries of whiteford , p. p. of brichen , whose bastard came weeping to the assembly of glasgow in the armes of the whore : these they searched out , but not with the damnable oath ex officio , that the high commission put upon innocents , to cause them accuse themselves , against the law of nature . . the presbytery hinder not lawfull merchandize ; scandalous exhortation , unjust suits of law , they may forbid : and so doth the scripture , as scandalous to christians , cor. . . they repeal no civill lawes , they preach against unjust and grievous lawes , as , esa . cap. . . doth , and censure the violation of gods holyday , which prelates prophaned . . we know no parochiall popes , we turn out no holy ministers , but only dumbe dogs , non-residents , scandalous , wretched , and apostate prelates . . our moderator hath no dominion , the p. p. absolveth him , while he saith , all is done in our church by common consent , p. . . it is true , we have no popish consecration , such as p. p. contendeth for in the masse , but we have such as christ and his apostles used , in consecrating the elements . . ●f any sell the patrimony of the church , the presbytery censures him ; if any take buds of malt , meale , be●ffe , it is no law with us , no more then the bishops five hundred markes , or a yeares stipend that the intrant gave to the lord bishop for a church . and who ever took buds in these dayes , ( as king james by the earl of dumbar , did buy episcopacie at a pretended assembly , by foule budding ) they were either men for the episcopall way , or perfidiously against their oath became bishops , all personall faults of this kind , imputed to presbyters , agree to them , under the reduplication of episcopall men . . the leading men , that covered the sins of the dying man and so losed his soul , were episcopall men : and though some of them were presbyterians , the faults of men cannot prejudice the truth of god ; but the prelates alwayes cry out against the rigor of presbyteries , in censuring scandals , because they themselves do ill , they hate the light ; now here the prelate condemneth them of remissenesse in discipline . . satan , a lier from the beginning , saith , the presbyterie was a seminary and nursery of fiends , and contentions , & bloods : because they excommunicated murtherers against king james his will : which is all one as to say . prophecying is a nurse of bloods , because the prophets cryed out against king achab , and the murtherers of innocent naboth : the men of god must be either on the one side , or the other , or then preach against reciprocation of injuries . . it is false , that presbyteries usurp both swords : because they censure sins , which the civill magistrate should censure and punish . elias might be said then to mix himselfe with the civill businesse of the kingdom , because he prophecied against idolators killing of the lords prophets , which crime the civill magistrate was to punish . but the truth is , the assembly of glasgow , . condemned the prelates , because they being pastors , would be also lords of parliament , of session , of secret counsell , of exchequer , judges , barons , and in their lawlesse high commission , would fine , imprison , and use the sword . . it is his ignorance , that he saith , a provinciall synod is an associate body chosen out of all judiciall presbyteries ; for all pastors , and doctors , without delegation , by vertue of their place and office , repaire to the provinciall synods , and without any choice at all , consult and voice there . . it is a lye , that some leading men rule all here ; indeed episcopall men made factions to rent the synods : and though men abuse their power to factions , this cannot prove that presbyteries are inconsistent with monarchie ; for then the prelate , the monarch of his diocesian rout , should be anti-monarchiall in a higher manner , for he ruleth all at his will. . the prime men , as mr. r. bruce the faithfull servant of christ , was honoured and attended by all , because of his suffering , zeal , holinesse , his fruitfull ministery in gaining many thousand souls to christ : so , though king james cast him off , and did swear , by gods name he intended to be king , ( the prelate maketh blasphemy a vertue in the king ) yet king james sware he could not find an honest minister in scotland to be a bishop , and therefore he was necessitated to promote false knaves ; but he said sometimes , and wrote it under his hand , that mr. r. bruce was worthy of the half of his kingdom : but will this prove presbyteries inconsistent with monarchies ? i should rather think , that knave bishops , by king james his judgement , were inconsistent with monarchies . . his lyes of mr. r. bruce , excerpted out of the lying manuscript of apostat spotswood , in that he would not but preach against the kings recalling from exile some bloody popish lords , to undo all , are nothing comparable to the incests , adulteries , blasphemies , perjuries , sabbath-breaches , drunkennesse , prophanity , &c. committed by prelates before the sun. . our generall assembly is no other then christs court , act. . made up of pastors , doctors , and brethren or elders . . they ought to have no negative vote , to impede the conclusions of christ in his servants . . it is a lye , that the king hath no power to appoint time and place for the generall assembly ; but his power is not privative to destroy the free courts of christ , but accumulative to ayd and assist them . . it is a lye , that our generall assembly may repeal laws , command and expect performance of the king , or then excommunicate , subject to them , force & compell king , judges , and all , to submit to them . they may not force the conscience of the poorest begger , nor is any assembly infallible , nor can it lay bounds upon souls of iudges , which they are to obey with blind obedience , their power is ministeriall , subordinate to christs law ; and what civill laws parliaments make against gods word , they may authoritatively declare them to be unlawfull ; as though the emperour , act. . had commanded fornication and eating of blood , might not the assembly forbid these in the synod ? i conceive the prelates , if they had power , would repeal the act of parliament made , an. . in scotland , by his majestie personally present , and the three estates concerning the anulling of these acts of parliament , and laws , which established bishops in scotland . erg. bishops set themselves as independent monarchs , above kings and laws : and what they damne in presbyteries and assemblies , that they practise themselves . . commissioners from burroughs , and two from edinbrough , because of the largenesse of that church , not for cathedrall supereminence , sit in assemblies , not as sent from burroughs , but as sent and authorized by the church session , of the burrough , and so they sit there in a church capacity . . doctors both in accademies , and in parishes , we desire , and our book of discipline holdeth forth such . . they hold ( i beleeve with warrant of gods word ) if the king refuse to reform religion , the inferior iudges and assembly of godly pastors , and other church officers may reform ; if the king will not kisse the sun , and do his duty in purging the house of the lord , may not eliah and the people do their duty , and cast out baals priests ? reformation of religion is a personall act that belongeth to all , even to any one private person according to his place . . they may swear a covenant without the king , if he refuse ; and build the lords house , chron. . . themselves : and relieve and defend one another , when they are oppressed . for my acts and duties of defending my self and the oppressed , do not tye my conscience conditionally , so the king consent , but absolutely , as all duties of the law of nature doe , jer. . . prov. . . esa . . . esa . . . . the p. p. condemneth our reformation , because it was done against the will of our popish queen . this sheweth what estimation he hath of popery , and how he abhorreth protestant religion . . they deposed the queen for her tyranny , but crowned her son ; all this is vindicated in the following treatise . . the killing of the monstrous and prodigious wicked cardinall in the castle of st. andrews , and the violence done to the prelates , who against all law of god and man obtruded a masse service upon their own private motion , in edinbrough an. . can conclude nothing against presbyteriall government , except our doctrine commend these acts as lawfull . . what was preached by the servant of christ , whom p. . he calleth the scottish pope , is printed , and the p. p. durst not , could not , cite any thing thereof as popish or unsound , he knoweth that the man whom he so slandereth , knocked down the pope and the prelates . . the making away the fat abbacies and bishopricks , is a bloody heresie to the earthly minded prelate : the confession of faith commended , by all the protestant churches , as a strong bar against popety , and the book of discipline , in which the servants of god laboured twenty yeares , with fasting and praying , and frequent advice and counsell , from the whole reformed churches , are to the p. p. a negative faith , and devote imaginations ; it s a lye , that episcopacie by both sides was ever agreed on by law in scotland . . and was it a heresie that m. melvin taught , that presbyter and bishop are one function in scripture ? and that abbots and priors were not in gods book ? dic ubi legis : and is this a proof of inconsistency of presbyteries with a monarchie ? it is a heresie to the p. p. that the church appoynt a fast , when king james appoynted an unseasonable feast , when gods wrath was upon the land , contrary to gods word , esa . . , , . and what , will this prove presbyteries to be inconsistent with monarchies ? . this assembly is to judge , what doctrine is treasonable ; what then ? surely the secret counsell and king , in a constitute church is not synodically to determine what is true or false doctrine , more then the roman emperor could make the church canon , act. . . m. gibson , m. black , preached against king james his maintaining the tyranny of bishops , his sympathizing with papists and other crying sins , and were absolved in a generall assembly , shal this make presbyteries inconsistent with monarchie ? nay , but it proveth only , that they are inconsistent with the wickednesse of some monarchies ; and that prelates have been like the four hundred false prophets that ●lattered king achab ; and these men that preached against the sins of the king , and court , by prelates in both kingdomes , have been imprisoned , banished , their noses ript , their che●ks burnt , their eares cut . . the godly men that kept the assembly of aberdeen , an. . did stand for christs prerogative when k. james took away all generall assemblies , as the event proved ; and the king may with as good warrant inhibit all assemblies for word and sacraments , as for church discipline . . they excommunicate not for light faults and trifles as the lyar saith : our discipline saith the contrary . . this assembly never took on them to chose the kings counsellours , but these who were in authority took k. james , when he was a child , out of the company of a corrupt and seducing papist , esme duke of lennox , whom the p. p. nameth , noble , worthy , of eminent indowments . . it is true , glasgow assembly . voted down the high commission , because it was not consented unto by the church , and yet was a church judicature , which took upon them to judge of the doctrine of ministers , and deprive them , and did incroach upon the liberties of the established lawfull church judicatures . . this assembly might well forbid m. john graham minister , to make use of an unjust decree , it being scandalous in a minister to oppresse . . though nobles , barons , and burgesses , that professe the truth , be elders , and so members of the generall assembly , this is not to make the church the house , and the common-wealth the hangings ; for the constistuent members , we are content to be examined by the patern of synods , act. . v. , . is this inconsistent with monarchie ? . the commissioners of the generall assembly , ar● . a meer occasionall judicature . . appointed by , and subordinate to the generall assembly . . they have the same warrant of gods word , that messengers of the synod , act. . v. . . hath . . the historicall calumnie of the . day of december , is known to all ; . that the ministers had any purpose to dethrone king james , and that they wrote to john l. marquesse of hamilton to be king , because k. james had made defection from the true religion : satan devised , spotswood and this p. p. vented this , i hope the true history of this is known to all . the holiest pastors , and professors in the kingdom , asserted this government , suffered for it , contended with authority only for sin , never for the power and office ; these on the contrary side were men of another stamp , who minded earthly things , whose god was the world . . all the forged inconsistency betwixt presbyteries and monarchies , is an opposition with absolute monarchie ; and concludeth with alike strength , against parliaments , and all synods of either side , against the law , and gospell , preached , to which kings and kingdoms are subordinate . lord establish peace and truth . farewell . the table of the contents of the book . quest . i. vvhether government be by a divine law ? affirmed , pag. . how government is from god , ibid. civill power in the root , immediately from god , pag. . quest . ii. whether or no goverment be warranted by the law of nature ? affirmed , ibid. civil societie naturall in radice , in the root , voluntary , in modo , in the manner , ibid. power of government , and power of government , by such and such magistrates , different , pag. , . civil subjection not formally from natures law , pag. . our consent to laws penal , not antecedently naturall , ibid. government by such rulers , a secondary law of nature , ibid. family government and politike , different , ibid. government by rulers , a secondary law of nature ; family government , and civil , different , pag. . civil government by consequent , naturall , pag. . quest . iii. whether royall power , and definite forms of government be from god ? affirmed , ibid. that kings are from god , understood in a fourfold sense , pag. , . the royall power hath warrant from divine institution , pag. . the three forms of government , not different in spece and nature , p. . how every form is from god , ibid. how government is an ordinance of man , pet ▪ . . pag. , . quest . iv. whether or no , the king be onely and immediately from god , and not from the people ? prius distinguitur , posterius pr●rsus negatur , pag. . how the king is from god , how from the people , ibid. royall power three wayes in the people , p. , . how royall power is radically in the people , p. . the people maketh the king , ibid. how any form of government is from god , p. . how government is a humane ordinance , pet. . . p. , . the people creat the king , p. , . making a king , and choosing a king , not to be distinguished , p. , . david not a king formally , because anointed by god , p. , . quest . v. whether or no , the p. p. proveth , that soveraignty is immediately from god , not from the people ? p. . kings made by the people , though the office , in abstracto , wor● immediately from god , p. . the people have a reall action , more then approbation in making a king , p. , kinging of a person ascribed to the people , p. . kings in a speciall manner , are from god , but it followeth not : ergo , not from the people , p. . the place , prov. . . proveth not , but kings are made by the people . p. , . nebuchadnezzar and other heathen kings , had no just title before god , to the kingdom of judah , and divers other subdued kingdoms , p. , . quest . vi. whether or no , the king be so allanerly from both in regard of soveraignty and designation of his person , as he is no wayes from the people , but onely by meer approbation ? negatur , pag. , . the forms of government , not from god by an act of naked providence , but by his approving will , ibid. soveraignty not from the people by sole approbation , p. , . though god have peculiar acts of providence in creating kings , it followeth not hence , that the people maketh not kings , p. . the p. prelate , exponeth prophecies true onely of david , solomon , and iesus christ , as true of prophane heathen kings , p. , . the p. p. maketh all the heathen kings to be princes , anointed with the holy oyl of saving grace , ibid. quest . vii . whether the p. prelate conclude , that neither constitution , nor designation of kings is from the people ? negatur , p. , . the excellency of kings , maketh them not of gods onely constitution and designation , ibid. how soveraigntie is in the people , how not , p. . a communitie doth not surrender their right and libertie to their rulers ; so much as their power active , to do , and passive , to suffer violence , p. , . gods loosing of the bonds of kings , by the mediation of the peoples despising him , proveth against the p. p. that the lord taketh away , and giveth royall majestie mediately , not immediately , p. , . the subordination of people to kings and rulers , both naturall and voluntary ; the subordination of beasts and creatures to man meerly naturall , p. , . the place , gen. . . he that shedeth man's blood , &c. discussed , p. , . quest . viii . whether or no , the p. prelate proveth , by force of reason , that the people cannot be capable of any power of goverment ? negatur , pag. , . in any communitie there is an active and passive power to government , p. . popular government is not that wherein all the whole people are governours , p. , . people by nature are equally indifferent to all the three governments , and are under not any one by nature , p. . the p. prelate , denyeth the pope his father to be the antichrist , ibid. the bad successe of kings chosen by people , proveth nothing against us , because kings chosen by god , had bad successe through their own wickednesse , p. , . the p. prelate condemneth king charls his ratifying , parl. . an. . the whole proceedings of scotland in this present reformation , p. . that there be any supreme judges , is an eminent act of divine providence , which hindereth not , but that the king is made by the people , p. . the people not patients in making a king , as is water in the sacrament of baptisme , in the act of production of grace , p. . quest . ix . whether or no , soveraigntie is so in and from the people , that they may resume their power in time of extreme necessity ? negatur . pag. . how the people is the subject of soveraignty , ibid. no tyrannicall power is from god , p. . people cannot alienate the naturall power of self-defence , ibid. the power of parliaments , p. . the parliament hath more power then the king , ibid. judges and kings differ , p. . people may resume their power , not because they are infallible , but because they cannot so readily destroy themselves , as one man may do , p. . that the sanedrim punished not david , bathsheba , joab , is but a fact , not a law , p. , . there is a subordination of creatures naturall , government must be naturall ; and yet this , or that form , is voluntary , p. , , . quest . x. whether or not royall birth be equivalent to divine unction ? negatur . pag. . impugned by eight arguments . ibid. royalty not transmitted from father to sonne . ibid. a family may be chosen to a crown as a single person is chosen , but the tye is conditionall in both . pag. . . the throne by speciall promise made to david and his seed , by god , psal . . no ground to make birth , in foro dei , a just title to the crowne . pag. . a title by conquest to a throne must be unlawfull , if birth be gods lawfull title . pag. . royalists who hold conquest to be a just title to the crown , teach manifest treason against king charles , and his royall heires . ibid. only , bona fortunae , not honour or royalty properly transmittable from father to sonne . pag. . violent conquest cannot regulate the consciences of people , to submit to a conquerour as their lawfull king. pag. . naked birth is inferiour to that very divine unction , that made no man a● king without the peoples election . pag. . if a kingdome were by birth the king might sell it . pag. . the crown is the patrimony of the kingdome , not of him who is king , or of his father pag. , , . birth a typicall designement to the crowne in israel . pag. . the choise of a family to the crowne resolveth upon the free election of the people , as on the fountaine-cause . pag. . election of a family to the crown lawfull . pag. . quest . xi . whether or no , he be more principally a king , who is a king by birth , or he who is a king by the free election of the people ? affir . posterius , pag. . the elective king commeth nearer to the first king. deut. . pag. . if the people may limit the king , they give him the power . ibid. a community have not power formally to punish themselves . pag. . the hereditary and the elective prince in divers considerations better , or worse , each one then another . pag. . quest . xii . whether or no a kingdome may lawfully be purchased by the sole title of conquest . negatur . pag. . . argu. for the negat . a twofold right of conquest . ibid. conquest turned in an after-consent of the people , becommeth a just title . pag. . conquest not a signification to us of gods approving will. pag. . meere violent domineering contrary to the acts of governing . ibid. violence hath nothing in it of a king. ibid. a bloody conquerour not a blessing , per se , as a king is , pag. . strength as prevailing is not law or reason . pag. fathers cannot dispone of the liberty of posterity not borne . ibid. a father as a father hath not power of life and death . pag. . israels and davids conquests of the canaanites , edomites , ammonites not lawfull , because conquest , but upon a divine title of gods promise . pag. . . quest . xiii . whether or no royall dignity have its spring from nature , and how that is true ( every man is borne free ) and how servitude is contrary to nature ; affir . . seven sorts of superiority and inferiority . pag. , . power of life and death from a positive law. ibid. a dominion antecedent and consequent . . kings and subjects no naturall order . ibid. a man is borne , consequenter , in politick relation . pag. . slavery not naturall from four reasons . ibid. every man borne free in regard of civill subjection ( not in regard of naturall , such as of children , and wife to parents and husband ) proved by seven arguments . pag. , , . politique government how necessary , how naturall . pag. . that parents should inslave their children , not naturall . pag. . quest . xiv . whether or no the people make a person their king conditionally , or absolutely ; and whether the king be tyed by any such covenant ? pag. . the king under a naturall , but no civill obligation to the people , as royalists teach . ibid. the covenant civilly tyeth the king , proved by scriptures and reasons , by . argu. ibid. & sequent . if the condition without which one of the parties would never have entered in covenant , be not performed , that party is loosed from the covenant . pag. . the people and princes are obliged in their places for iustice and religion , no lesse then the king. pag. . in so farre as the king presseth a false religion on the people , eatenus , in so farre they are understood not to have a king. pag. . the covenant giveth a mutuall coactive power to king and people , to compell each other , though there be not one in earth higher then both to compell each of them . pag. . the covenant bindeth the king as king , not as he is a man onely . pag. . one or two tyrannous acts deprive not the king of his royall right . pag. . though there were no positive written covenant ( which yet we grant not ) yet there is a naturall , tacit , implicit covenant tying the king , by the nature of his office. pag. if the king be made king , absolutely , it is contrary to scripture , and the nature of his office. pag. . the people given to the king as a pledge , not as if they became his owne to dispose of at his absolute will. pag. . the king could not buy , sell , borrow , if no covenant should tye him to men . ibid. the covenant sworne by iudah , chro. . tyed the king. pag. . quest . xv. whether the king be univocally or only analogically and by proportion a father , pag. adam not king of the whole earth , because a father . ibid. the king a father metaphorically and improperly , proved by eight arguments . ibid. & sequent . quest xvi . whether or no a despoticall or masterly dominion agree to the king , because he is king. negatur . pag. the king hath no masterly dominion over the subjects , as if they were his servants . proved by . arguments . pag. . the king not over men as reasonable creatures to domineere . pag. . the king cannot give away his kingdome or his people , as if they were his proper goods . ibid. a violent surrender of liberty tyeth not . pag. a surrender of ignorance is in so farre , unvoluntary , as it oblige not . ibid. the goods of the subjects not the kings , proved by . argu. pag. . all the goods of the subjects are the kings in a four-fold sence . pag. . qvest. xvii . whether or no , the prince have properly the fiduciary or ministeriall power of a tutor , husband , patron , minister , head , master of a family , not of a lord or dominator . affirmed , p. . the king a tutor rather then a father , as these are distinguished ▪ ibid. a free communitie not properly , and in all respects , a minor and pupill , p. . the kings power not properly maritall and husbandly . ibid. the king a patron , and servant . pag. . the royall power only from god , immediatione simplicis constitutionis , & solum solitudine causae primae , but not immediatione applicationis dignitatis ad personam . pag. . the king the servant of the people both objectively , and subjectively . pag. . the lord and the people by one and the same act according to the physicall relation maketh the king. ibid. the king head of the people metaphorically only , not essentially , not univocally by . argu. pag. . his power fiduciary only . pag. , qvest. xviii . what is the law or manner of the king , sam. , , . the place discussed fully . pag. . the power and the offfce badly differenced by barclay . pag. . what is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the manner of the king , by the harmony of interpretors ancient and moderne , protestants and papists . pag. , , . crying out , sam. . not necessarily a remedy of tyranny , nor a praying with faith and patience , pag. , . resisting of kings that are tyrannous and patience not inconsistent . ibid. the law of the king not a permissive law , as was the law of devorcement . pag. , . the law of the king , sam. . , . not a law of tyranny , pag. , . qvest. xix . whether or no the king be in dignity and power above the people ? neg. impugned by . argu. p. . in what consideration the king is above the people , and the people above the king. pag. , . a meane as a meane inferiour to the end , how its true . ibid. the king inferiour to the people . ibid. the church because the church is of more excellency then the king , because king. pag. , . the people being those to whom the king is given , worthier then the gift . pag. . and the people immortall , the king mortall . pag. . the king a meane only , not both the efficient or author of the kingdome and a meane . two necessary distinctions of a meane . pag. , if sin had never been there should have been no king. pag. . the king is to give his life for his people . ibid. the consistent cause more excellent then the effect . pag. , , . the people then the king. pag. , . vnpossible people can limit royall power , but they must give royall power also . ibid. the people have an action in making a king , proved by foure arguments . ibid. though it were granted that god immediately made kings , yet it is no consequent god only , and not the people , can unmake him . pag. . the people appointing a king over themselves , retaine the fountaine-power of making a king. pag. , , . the meane inferiour to the end , and the king as king is a meane . pag. , , . the king as a meane , and also as a man inferiour to the people , pag. . to sweare non-selfe-preservation , and to sweare selfe-murther , all one . pag. . the people cannot make away their power . . their whole power , nor . irrevocably to the king. pag. . the people may resume the power they give to the commissioners of parliament , when it is abused , p. , the tables in scotland lawfull , when the ordinary judicaturies are corrupt , p. . quod efficit tale id●ipsum magis tale , discussed , the fountain-power in the people , the derived onely in the king , p. , , . the king is a fiduciary , a life-renter , not a lord or heritor , p. , . how soveraigntie is in the people , p. , . power of life and death , how in a community , ibid. a communitie voide of ruiers , is yet , and may be a politike body , p. . iudges gods analogically , p. . quest . xx. whether inferiour judges be essentially the immediate vicegerents of god , as kings , not differing in essence and nature from kings . affirmatur , proved by twelve arguments . pag. . inferiour iudges the immediate vicars of god , no l●sse then the king , ibid. the consciences of inferiour iudges , immediately subordinate to god , not to the king , either mediately or immediately , p. . how the inferiour iudge is the deputy of the king ? p. , . he may put to death murtherers , as having gods sword committed to him , no lesse then the king , even though the king command the contrary ; for he is not to execute judgement , and to relieve the oppressed , conditionally , if a mortall king give him leave ; but whether the king will or no , he is to obey the king of kings , p. , . inferiour iudges are ministri regni , non ministri regis , p. , . the king doth not make iudges as he is a man , by an act of private good will ; but as he is a king , by an act of royall iustice , and by a power that he hath from the people , who made himself supreme iudge , p. , , . the kings making of inferiour iudges hindereth not , but they are as essentially iudges as the king , who maketh them , not by fountain-power , but by power borrowed from the people , p. , . the iudges in israel , and the kings , differ not essentially , p. . aristocracy as naturall as monarchie , and as warrantable , p. , . inferiour iudges depend some way on the king , in fieri , but not , in facto esse , p. , . the parliament not iudges by derivation from the king , p. . the king cannot , make , nor unmake iudges , ibid. no heritable iudges , ibid. inferiour iudges more necessary then a king , p. , . quest . xxi . what power the people , and states of parliament , hath over the king , and in the state ? p. . the elders appointed by god , to be iudges , p. . parliaments may conveen , and judge without the king , p. , . parliaments are essentially iudges , and so their consciences neither dependeth on the king , quoad specificationem , that is , that they should give out this sentence , not this , nec quoad exercitium , that they should not in the morning execute judgement , p. , . vnjust judging , and no judging at all , are sins in the states , p. . the parliament coordinate iudges with the king , not advisers onely , by eleven arguments . p. , , inferior iudges not the kings messengers or legates , but publike governours , p. . the jews monarchie mixt , p. . a power executive of laws more in the king , a power legislative more in the parliament , p. , . quest . xxii . whether the power of the king as king , be absolute , or dependent , and limited by gods first mould and patern of a king ? negatur , prius , affirmatur , posterius , p. . the royalists make the king as absolute as the great turk , p. . the king not absolute in his power , proved by nine arguments , p. . , , seq . why the king is a living law , p. . power to do ill , not from god , ibid. royalists say , power to do ill is not from god , but power to do ill as punishable by man , is from god , p. . a king , actu primo , is a plague , and the people slaves , if the king by gods institution be absolute , p. . absolutenesse of royaltie against iustice , peace , reason , law , p. . against the kings relation of a brother , p. . a damsel forced , may resist the king , ibid. the goodnesse of an absolute prince hindereth not , but he is , actu primo , a tyrant , p. . quest . xxiii . whether the king hath a prerogative royall above laws ? negatur , p. . prerogative taken two wayes , ibid. prerogative above laws , a garland proper to infinite majestie , ibid. a threefold dispensation , . of power , . of justice , . of grace , p. . acts of meer grace , may be acts of blood , p. . an oath to the king of babylon , tyed not the people of judah to all that absolute power could command , ibid. the absolute prince , is as absolute in acts of crueltie , as in acts of grace , p. . servants are not , pet. . , . interdited of self-defence , p. , . the parliament materially onely , not formally , hath the king for their lord , p. . reason not a sufficient restraint to keep a prince from acts of tyranny , ibid. princes have sufficient power to do good , though they have not absolute to do evil . p. . a power to shed innocent blood , can be no part of any royall power given of god , p. . the king , because he is a publike person , wanteth many priviledges that subjects have , p. , . quest . xxiv . what relation the king hath to the law ? p. . humane laws considered as reasonable , or as penal , ibid. the king alone hath not a nemothetick power , p. . whether the king be above parliaments , as their iudge ? p. , p. , , . subordination of the king to the parliament , and coordination both consistent , p. , . each one of the three governments hath somewhat from each other , and they cannot any one of them , be in its prevalency , conveniently without the mixture of the other two , p. , . the king as a king cannot erre , as he erreth in so far , he is not the remedie of oppression and anarchie , intended by god and nature , p. . in the court of necessitie , the people may judge the king , p. . humane laws not so obscure as tyranny is visible and discernable , p. , . it s more requisite , that the whole people , church , and religion , be secured , then one man , p. . if there be any restraint by law on the king , it must be physicall ; for a morall restraint is upon all men , p. , . to swear to an absolute prince as absolute , is an oath eatenus , in so far unlawfull , and not obligatory , p. . quest . xxv . whether the supreme law , the safetie of the people , be above the king ? affirmed , p. . the safetie of the people to be preferred to the king , for the king is not to seek himself , but the good of the people , p. , . royalists make no kings , but tyrants , p. . how the safetie of the king is the safetie of the people , p. . a king for the safetie of the people , may break through the letter and paper of a law , p. . the kings prerogative above law and reason , not comparable to the blood that has been shed in ireland and england , p. , , . the power of dictators prove not a prerogative above law , p. , . quest . xxvi . whether the king be above the law ? p. , . the law above the king in four things , . in constitution , . direction , . limitation , . coaction , p. . in what sense the king may do all things , p. , . the king under the moralitie of laws . . vnder fundamentall laws , not under punishment to be inflicted by himself , nor because of the eminency of his place , but for the physicall incongruity thereof , p. , . if , and how the king may punish himself ? p. . that the king transgressing in a hainous manner , is under the coaction of law , proved by seven arguments , p. , , seq . the coronation of a king , who is supposed to be a just prince , yet proveth after a tyrant , is conditionall , and from ignorance , and so unvoluntary ; and in so far , not obligatory in law , p. , . royalists confesse , a tyrant in exercise may be dethroned , p. , . how the people is the seat of the power of soveraigntie , p. , . the place , psal . . against thee onely have i sinned , &c. discussed , p. , . israels not rising in arms against pharaoh , examined , p. , , , , . and judahs not working their own deliverance under cyrus , p. , . a covenant without the kings concurrence lawfull , p. , , . quest . xxvii . whether or no , the king be the sole , supreme and finall interpreter of the law ? negatur , p. . he is not the supreme and peremptor interpreter , p. . nor is his will the sense of the law , p. , . nor is he the sole , and onely judiciall interpreter of the law , p. , , , seq . quest . xxviii . whether or no wars raised by the estates and subjects for their owne just defence against the kings bloody emissaries be lawfull ? affir . p. . the state of the question . p. , , if kings be absolute , a superiour iudge may punish an inferiour iudge , not as a iudge , but an erring man. ibid. by divine institution , all covenants to restraine their power must be unlawfull . p. , . resistance in some cases lawfull , p. , , . six arguments for the lawfulnesse of defensive wars , in this quest . . seq . many others follow , quest . . and . seq . quest . xxix . whether in the case of defensive war , the distinction of the person of the king as a man , who may , and can commit hostile acts of tyranny against his subjects , and of the office and royall power that he hath from god and the people , can have place ? affirmatur . p. . the kings person in concreto , and his office in abstracto , or which is all one , the king using his power lawfully , to be distinguished , rom. . p. . to command unjustly maketh not a higher power . p. . . the person may be resisted , and yet the office cannot be resisted , prooved by fourteene arguments , p. , . seq . contrary objections of royalists , and of the p. prelate answered , p. , . seq . what we meane by the person and office in abstracto in this dispute , we doe not exclude the person in concreto altogether , but only the person as abusing his power , we may kill a person as a man , and love him as a sonne , father , wife , according to scripture , p. , , . we obey the king for the law , and not the law for the king , p. , . the loosing of habituall and actuall royalty different , p. . ioh. . . pilates power of crucifying christ , no law-power given to him of god , it s proved against royalists by six arguments , p. . qvest. xxx . whether or no passive obedience be a meane to which we are subjected in conscience by vertue of a divine commandement ? neg. what a meane resistance is ? that flying is resistance ? p. . the place pet. . . discussed , ibid. patient bearing of injuries , and resistance of injuries compatible in one and the same subject , ibid. christs non-resistance hath many things rare and extraordinary , and so is no leading rule to us , p. . suffering is either commanded to us comparatively only , that we rather choose to suffer then deny the truth : or the manner only is commanded , that we suffer with patience , p. , . & sequent . the physicall act of taking avvay the life , or of offending , vvhen commanded by the lavv of self defence , is no murther , p. . we have a greater dominion over our goods and members , ( except in case of mutilation , vvhich is a little death ) then over our life , p. . to kill is not of the nature of self defence , but accidentall thereunto , ibid. defensive vvar cannot be vvithout offending , p. . the nature of defensive and offensine warrs . p. , . flying is resistance , p. , . quest . xxxi . whether selfe-defence by opposing violence to unjust violence be lawfull , by the law of god , and nature ? affirm . p. , . self-defence in man naturall , but modus , the way must be rationall and just . p. . the method of selfe-defence . ibid. violent re-offending in selfe-defence the last remedy . p. . it s physically unpossible for a nation to fly in the case of persecution for religion , and so they may resist in their owne self-defence . p. . tutela vitae proxima ▪ and remota . p. . in a remote posture of selfe-defence , we are not to take us to re-offending , as david was not to kill saul when he was sleeping , or in the cave , for the same cause , ibid. david would not kill saul , because he was the lords anoynted , p. . the king not lord of chastity , name , conscience , and so may be resisted , p. . by universall and particular nature , selfe-defence lawfull , proved by divers arguments , p. . and made good by the testimony of iurists , p. . the love of our selves the measure of the love of our neighbour , and inforceth selfe-defence , p. . nature maketh a private man his owne iudge and magistrate when the magistrate is absent , and violence is offered to his life , as the law saith , p. . selfe-defence how lawfull it is , p. , , . what presumption is from the kings carriage to the two kingdomes , are in law sufficient grounds of defensive warrs , p. , . offensive and defensive warrs differ in the event and intentions of men , but not in nature and spece , nor physically . p. , , . davids case in not killing saul , nor his men , no rule to us , not in our lawfull defence , to kill the kings emissaries , the cases farre different , p. , . quest . xxxii . whether or no the lawfulnesse of defensive warrrs can be proved from the scripture , from the examples of david , the peoples rescuing ionathan , elisha , and the . valiant priests who resisted vzziah ? affirm . p. . david warrantably raised an army of men to defend himselfe against the unjust violence of his prince saul , p. , , . davids not invading saul , and his men , who did not aime at arbitrary government , at subversion of lawes , religion , and extirpation of those that worshipped the god of israel and opposed idolatry , but only pursuing one single person , farre unlike to our case in scotland and england now , p. . . davids example not extraordinary , p. , . elisha's resistance proveth defensive warrs to be warrantable , p. , resistance made to king vzziah by eighty valiant priests proveth the same , p. , , . the peoples rescuing ionathan proveth the same , p. , . libnah's revolt proveth this , p. . the city of abel defended themselves against ioab king davids generall , when he came to destroy a city for one wicked conspirator , sheba his sake , p. , . quest . xxxiii . whether or no rom. . . make any thing against the lawfulnesse of defensive warrs ? neg. p. . the king not only understood , rom. . p. . . and the place rom. . discussed . p. , , . quest . xxxiv . whether royalists prove by cogent reasons , the unlawfulnesse of defensive warrs . p. . objections of royalists answered , p. , , . seq . the place exod. . . thou shalt not revile the gods , &c. answered , p. . and eccles . . . p. . the place eccles . . , . where the word of a king is , &c. answered . p. , . the place iob . . answered , p. . and , act. . . god shall smite thee thou whited wall , &c. p. , , . the emperours in pauls time not absolute by their law , p. . that objection that we have no practise for defensive resistance , and that the prophets never complaine of the omission of the duty of resistance of princes answered , p. , , . the prophets cry against the sin of non-resistance , when they cry against the iudges , because they execute not judgements for the oppressed . p. , . seq . iudahs subjection to nebuchadnezar a conquering tyrant , no warrant for us to subject our selves to tyrannous acts . p. , , . christs subjection to caesar nothing against defensive warrs , p. , . quest . xxxv . whether the sufferings of the martyrs in the primitive church militant be against the lawfulnesse of defensive warrs . p. , . tertullian neither ours nor theirs in the question of defensive warrs , p. , , . quest . xxxvi . whether the king have the power of warre only ? negatur . p. , . inferiour iudges have the power of the sword no lesse then the king. p. , . the people tyed to acts of charity , and to defend themselves , the church , and their posterity against a forraigne enemy , though the king forbid . p. , . flying unlawfull to the states of scotland and england now , gods law tying them to defend their country . p. . parliamentary power a fountain-power above the king , p. , . quest . xxxvii . whether the estates of scotland are to help their brethren the protestants in england against cavaliers ? affirmatur , proved by . arg. p. . seq . helping of neighbour nations lawfull , divers opinions concerning the point . p. , . the law of aegypt against those that helped not the oppressed , p. . qvest. xxxviii . whether monarchy be the best of governments . affir . p. . whether monarchy be the best of governments hath divers considerations , in which each one may be lesse or more convenient . p. , . absolute monarchy is the worst of governments . p. . better want power to doe ill as have it , ibid. a mixture sweetest of all governments , p. . neither king nor parliament have a voyce against law and reason , ibid. quest . xxxix . whether or no , any prerogative at all above the law be due to the king ? or if jura majestatis be any such prerogative ? negatur , p. . a threefold supreme power , ibid. what be jura regalia , p. , . kings confer not honours from their plenitude of absolute power , but according to the strait line and rule of law , justice , and good deserving , ibid. the law of the king , sam. . , . p. , . difference of kings and judges , ibid. the law of the king , sam. . , . no permissive law such as the law of divorce , p. . what dominion the king hath over the goods of the subjects , p. , , . quest . xl. whether or no , the people have any power over the king , either by his oath , covenant , or any other way ? affirmed , p. , . the people have power over the king , by reason of his covenant and promise , ibid. covenants and promises violated , infer coaction , de jure , by law , though not de facto , p. , . mutuall punishments may be , where there is no relation of superioritie and inferioritie , p. , , . three covenants made by arnisaeus , ibid. the king not king while he swear the oath , and be accepted as king by the people . ibid. the oath of the kings of france , ibid. hu. grotius , setteth down seven cases , in which the people may accuse , punish , or dethrone the king , p. , . the prince a noble vassal of the kingdom , upon four grounds , p. . the covenant had an oath annexed to it , ibid. the prince is but as a private man in a contract . p. . how the royall power is immediately from god , and yet conferred upon the king by the people , p. , , . quest . xli . whether doth the p. p. with reason ascribe to us the doctrine of jesuites , in the question of lawfull defence ? negatur , p. , , . that soveraignty is originally and radically in the people , as in the fountain , was taught by fathers , ancient doctors , sound divines , lawyers , before there was a jesuite , or a prelate whelped , in rerum natura , p. . the p. p. holdeth the pope to be the vicar of christ , p. , . iesuites tenets concerning kings , p. , , . the king not the peoples deputie by our doctrine ; it is onely the calumnie of the p. prelate , p. , . the p. p. will have power to act the bloodiest tyrannies on earth , upon the church of christ , the essentiall power of a king , ibid. quest . xlii . whether all christian kings are dependent from christ , and may be called his vicegerents , negatur , p. . why god as god , hath a man a vicegerent under him , but not as mediator , p. , . the king not head of the church , ibid. the king a sub-mediator , and an under redeemer , and a sub-priest to offer sacrifices to god for us , if he be a vicegerent , p. . the king no mixt person , ibid. prelates deny kings to be subject to the gospel , p. , . by no prerogative royall , may the king prescribe religious observances , and humane ceremonies in gods worship , p. , . the p. p. giveth to the king a power arbitrary , supreme and independent to govern the church , p. , . reciprocation of subjections of the king , to the church , & of the church to the king , in divers kindes , to wit of ecclesiasticall and civill subjection , are no more absurd , then for aarons priest to teach , instruct and rebuke moses , if he turne a tyrannous achab , and moses to punish aaron , if he turn an obstinate idolator , p. , ● qvest. xliii . whether the king of scotland be an absolute prince , having prerogatives above laws and parliaments ? negatur . p. , . the king of scotland subj●ct to parliaments by the fundamentall lawes , acts , and constant practises of parliaments , ancient and late in scotland , p. , , , . seq . the king of scotlands oath at his coronation , p. . a pretended absolute povver given to k. iames . upon respect of personall indowments , no ground of absolutenesse to the king of scotland , p. , . by lawes and constant practises the kings of scotland subject to lawes and parliaments , proved by the fundamentall law of elective princes , and out of the most partiall historicians , and our acts of parliament of scotland , p. , . coronation oath , ibid. and again at the coronation of k. james the . that oath sworn ; and again , par. k. jam. . ibid. & seq . p. , . how the king is supreme iudge in all causes , p. . the power of the parliaments of scotland , ibid. the confession of the faith of the church of scotland , authorized by divers acts of parliament , doth evidently hold forth to all the reformed churches , the lawfulnesse of defensive wars , when the supreme magistrate is mis●●d by wicked counsell , p. , , . the same proved from the confessions of faith in other reformed churches , ibid. the place , rom. . exponed in our confession of faith , p. , , . the confession not onely saxonick , exhibited to the councell of trent , but also of helvetia , france , england , bohemia , prove the same , p. , . william laud , and other prelates , enemies to parliaments , to states , and to the fundamentall laws of the three kingdoms of england , scotland , and ireland , p. , , . the parliament of scotland doth regulate , limit , and set bounds to the kings power , p. , , fergus the first king , not a conquerour , p. . the king of scotland below parliaments , considerable by them , hath no negative voice , p. , , seq . quest . xliv . generall results of the former doctrine in some few corrolaries , in questions . p. , . concerning monarchy , compared with other forms , p. . how royaltie is an issue of nature , p. , . and how magistrates as magistrates be naturall , p. . how absolutenesse is not a ray of gods majestie , ibid. and resistance not unlawfull , because christ and his apostles used it not in some cases , p. , . coronation is no ceremony , p. . men may limit the power that they gave not , p. , . the common-wealth , not a pupill or minor properly , p. . subjects not more obnoxious to a king , then clients , vassals , children , to their superiours , p. , . if subjection passive be naturall , p. . whether king uzziah was dethroned , p. , . idiots and children not compleat kings , children are kings in destination onely , p. . deniall of passive subjection in things unlawfull , not dishonourable to the king , more then deniall of active obedience in the same things , p. . the king may not make away , or sell any part of his dominions , p. , . people may in some cases conveen without the king , p. . how , and in what meaning , subjects are to pay the kings debts , p. . subsidies the kingdoms due , rather then the kings , p. , . how the seas , ports , forts , castles , militia , magazeen , are the kings , and how they are the kingdoms , p. . lex , rex . quest . i. in what sense government is from god ? i reduce all that i am to speak of the power of kings , to the author or efficient . . the matter or subject . . the form or power . . the end and fruit of their government ; and . to some cases of resistance . henc ; quest . i. whether government be warranted by a divine law ? the question is , either of government in generall , or of the particular species of government ; such as are government by one only , called monarchy ; the government by some chief leading men , named aristocracie ; the government by the people , going under the name of democracie . . we cannot but put difference betwixt the institution of the office , to wit , government , and the designation of person , or persons to the office. . what is warranted by the direction of natures light , is warranted by the law of nature , and consequently by a divine law ; for who can deny the law of nature to be a divine law ? that power of government in generall must be from god : i make good , . because , rom. . — . there is no power but of god ; the powers that be , are ordained of god. . god commandeth obedience , and so subjection of conscience to powers , rom. . . wherefore we must be subject not onely for wrath ( or civill punishment ) but for conscience sake , pet. . . submit your selves to every ordinance of man for the lords sake , whether it be to the king as supreme , &c. ▪ now god onely by a divine law can lay a band of subjection on the conscience , tying men to guilt , and punishment , if they transgr●sse . . conclus . all civill power is immediately from god in its root . in that , . god hath made man a sociall creature , and one who inclineth to be governed by man ; then certainly he must have put this power in mans nature : so are we by good reason taught by a aristotle . . god and nature intendeth the policie and peace of mankinde , then must god and nature have given to mankinde , a power to compasse this end ; and this must be a power of government . i see not then why john prelate , master maxwel the excommunicate p. of rosse , who speaketh in the name b of i. a●magh , had reason to say , that he feared that we fancied , that the government of superiours was onely for the more perfit , but have no authoritie over or above the perfit , nec rex , nec lex , justo posita . he might have imputed this to the brasilians , who teach , that every single man hath the power of the sword to revenge his own injuries , as c molina saith . quest . ii. whether or not , government be warranted by the law of nature . as domestick societie is by natures instinct , so is civill societie naturall , in radice , in the root , and voluntary , in modo , in the manner of coalescing . politick power of government , agreeth not to man , singly , as one man , except in that root of reasonable nature ; but supposing that men be combined in societies , or that one family cannot contain a societie , it is naturall , that they joyn in a civill societie , though the manner of union in a politick body ; as d bodine saith , be voluntary , gen. . . gen. . . and e suarez saith , that a power of making laws , is given by god as a property flowing from nature , qui dat formam , dat consequentia ad formam , not by any speciall action or grant , different from creation , nor will he have it to result from nature , while men be united into one politick body : which union being made , that power followeth without any new action of the will , we are to distinguish betwixt a power of government , and a power of government by magistracy . that we defend our selves from violence by violence , is a consequent of unbroken and sin-lesse nature ; but that we defend our selves by devolving our power over in the hands of one , or more rulers , seemeth rather positively morall , then naturall , except that it is naturall for the childe to expect help against violence , from his father : for which cause i judge that learned senator f ferdinandus vasquius said well , that princedom , empire , kingdom , or iurisdiction hath its rise from a positive and secundary law of nations , and not from the law of pure nature . g the law saith , there is no law of nature agreeing to all living creatures for superiority ; for by no reason in nature , hath a boar dominion over a boar , a lyon over a lyon , a dragon over a dragon , a bull over a bull : and if all men be born equally free ( as i hope to prove ) there is no reason in nature , why one man should be king and lord over another ; therefore while i be otherwise taught by the forecasten prelate maxwell , i conceive all jurisdiction of man over man , to be as it were artificiall and positive , and that it inferreth some servitude , whereof nature from the womb hath freed us , if you except that subjection of children to parents , and the wife to the husband ; and the h law saith , de jure gentium secundarius est omnis principatus . . this also the scripture proveth , while as the exalting of saul or david above their brethren to be kings , and captains of the lords people , is ascribed , not to nature , ( for king and beggar spring of one clay-mettall ) but to an act of divine bounty and grace , above nature , so psal . . , . he took david from following the ewes , and made him king and feeder of his people , sam. . . there is no cause why royallists should deny government to be naturall , but to be altogether from god , and that the kingly power is immediatly and only from god ; because it is not naturall to us to subject to government , but against nature , and against the hair for us to resign our liberty to a king , or any ruler or rulers ; for this is much for us , and proveth not but government is naturall ; it concludeth that a power of government tali modo , by magistracy , is not naturall , but this is but a sophisme ; a 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , ad illud quod est dictum 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , this speciall of government , by resignation of our liberty , is not naturall ; ergo , power of government is not naturall ; it followeth not , a negatione speciei non sequitur negatio generis , non est homo , ergo non est animal . and by the same reason i may by an antecedent will , agree to a magistrate and a law , that i may be ruled in a politick society , and by a consequent will onely , yea and conditionally onely agree to the penalty and punishment of the law ; and it is most true , no man by the instinct of nature giveth consent to penall laws as penall , for nature doth not teach a man , nor incline his spirit to yeeld that his life shall be taken away by the sword , and his blood shed , except in this remote ground , a man hath a disposition , that a veine be cutt by the physitian , or a member of his body cut off , rather then the whole body and life perish by some contagious disease ; but here reason in cold blood , not a naturall disposition is the neerest prevalent cause , and disposer of the businesse ▪ when therefore a communitie by natures instinct and guidance , incline to government , and to defend themselves from violence ; they do not by that instinct formally agree to government by magistrates ; and when a naturall conscience giveth a deliberate consent to good laws , as to this , he that doth violence to the life of a man , by man shall his blood be shed , gen. . . he doth tacitely consent that his own blood shall be shed ; but this he consenteth unto consequently , tacitely , and conditionally . if he shall do violence to the life of his brother : yet so as this consent proceedeth not from a disposition every way purely naturall . i grant , reason may be necessitated to assent to the conclusion , being as it were forced by the prevalent power of the evidence of an insuperable and invincible light in the premises , yet from naturall affections there resulteth an act of self-love , for self-preservation . so david shall condemn another rich man who hath many lambs , and robbeth his poor brother of his one lamb , and yet not condemn himself , though he be most deep in that fault , sam. . , . yet all this doth not hinder , but government even by rulers hath its ground in a secondary law of nature , which lawyers call , secundariò jus naturale , or jus gentium secundarium ; a secondary law of nature , which is granted by plato , and denied by none of sound judgement in a sound sense , and that is this , licet vim virepellere , it is lawfull to repeal violence by violence , and this is a speciall act of the magistrate . . but there is no reason , why we may not defend by good reasons , that politick societies , rulers , cities , and incorporations , have their rise and spring from the secundary law of nature : . because by natures law , family-government hath its warrant ; and adam though there had never been any positive law , had a power of governing his own family , and punishing malefactors ; but as a tannerus saith well , and as i shall prove god willing , this was not properly a royall or monarchicall power ; and i judge by the reasoning of b sotus , c molina , and d victoria . by what reason a family hath a power of government , and of punishing malefactors , that same power must be in a societie o● men , suppose that soci●tie were not made up of families , but of single persons ; for the power of punishing ill-doers doth not reside in one single man of a familie , or in them all , as they are single private persons , but as they are in a familie . but this argument holdeth not but by proportion ; for paternall government , or a fatherly power of parents over their families , and a politick power of a magistrate over many families , are powers different in nature , the one being warranted by natures law even in its species , the other being in its spece and kind warranted by a positive law , and in the generall only warranted by a law of nature . . if we once lay the supposition , that god hath immediately by the law of nature appointed there should be a government ; and mediately defined by the dictate of naturall light in a communitie , that there shall be one , or many rulers to governe the communitie ; then the scriptures arguments may well be drawn out of the school of nature : as , . the powers that are , be of god ; therefore natures light teacheth , that we should be subject to these powers . . it is against natures light to resist the ordinance of god. . not to feare him to whom god hath committed the sword , for the terror of evill doers . . not to honour the publike rewarder of well-doing . . not to pay tribute to him for his worke . therefore i see not but e govarruvias , f soto , g suarez , have rightly said , that power of government is immediately from god , and this or this definite power is mediately from god , proceeding from god by the mediation of the consent of a communitie , which resigneth their power to one or moe rulers : and to me h barclaius saith the same : quamvis populus potentiae largitor videatur , &c. quest . iii. whether royall power and definite forms of government be from god ? the king may be said to be from god and his word in these seveall notions . . by way of permission , ier. . . say to them , thus saith the lord of hoasts the god of israel , behold i will send and take nebuchadnezzar the king of babylon , my servant , and will set his throne upon these stones that i have hid , and he shall spread his royall pavilion over them . and thus god made him a catholick king , and gave him all nations to serve him , jer. . , , . though he was but an unjust tyrant , and his sword the best title to those crownes . . the king is said to be from god , by way of naked approbation . god giving to a people power to appoint what government they shall thinke good , but instituting none in speciall , in his word . this way some make kingly power to be from god in the generall , but in the particular to be an invention of men , negatively lawfull , and not repugnant to the word ; as the wretched popish ceremonies are from god. but we teach no such thing : let i maxwell free his master k bellarmine and other iesuites , with whom he sideth in romish doctrine : we are free of this . bellarmine saith that politick power in generall is warranted by a divine law ; but the particular formes of politick power , he meaneth monarchie , with the first , is not by divine right , but de jure gentium , by the law of nations , and floweth immediately from humane election , as all things , saith he , that appertein to the law of nations . so monarchie to bellarmine is but an humane invention , as mr. maxwell his surplice is : and d. ferne , sect . . p. . saith with bellarmine . . a king is said to be from god , by particular designation , as he appointed saul by name for the crown of israel . of this hereafter . . the kingly or royall office is from god by divine institution and not by naked approbation : for first , we may well prove aarons priesthood to be of divine institution , because god doth appoint the priests qualification from his familie , bodily perfections , and his charge . and we take the pastor to be by divine law and gods institution , because the holy ghost , tim. . , , , . describeth his qualification , so may we say that the royall power is by divine institution , because god mouldeth him , deut. . . thou shalt in any wise set him king over thee , whom the lord thy god shall choose , one from amongst thy brethren , &c. rom. . there is no power but of god , the powers that be , are ordained of god. . that power must be ordained of god as his own ordinance , to which we owe subjection , for conscience , and not only for feare of punishment : but every power is such , rom. . . to resist the kingly power , is to resist god. . he is the minister of god for our good . . he beareth the sword of god to take vengeance upon ill-doers . . the lord expresly saith , pet. . . feare god , honour the king , v. . submit your selves to every ordinance of man for the lords sake , whether it be to the king as supreme , . or unto governours , as unto those that are sent by him , &c. tit. . put them in mind to be subject to principalities and powers : and so the fift commandement layeth obedience to the king on us , no lesse then to our parents . whence i conceive that power to be of god , to which by the morall law of god , we owe perpetuall subjection and obedience . . kings and all magistrates are gods , and gods deputies and lieutenants upon earth , ps . . . , . exod. . . exod. . . and therefore their office must be a lawfull ordinance of god. . by their office they are feeders of the lords people , ps . . . . . the shields of the earth , ps . . . nursing fathers of the church , ps . . . captaines over the lords people ▪ sam. . . . it is a great iudgement of god , when a land wanteth the benefit of such ordinances of god , esay . , . . , . . the execution of their office is an act of the just lord of heaven and earth , not onely by permission , but according to gods revealed will in his word ; their judgement is not the judgement of men , but of the lord , chron. . . and their throne is the throne of god , chron. . . . a hi●rom saith , to punish murtherers and sacrilegious persons is not bloud-shed , but the ministery and service of good lawes . so if the king be a living law by office , and the law put in execution which god hath commanded , then as the morall law is by divine institution , so must the officer of god be , who is custos & vindex legis divinae , the keeper , preserver , and avenger of gods law , and b basilius , this is the princes office , vt opem ●erat virtuti , malitiam vero impugnet , when paulinus treverensis , lucifer metropolitane of sardinia , dionysius mediolanensis , and other bishops , were commanded by constantine to write against athanasius , they answered , regnum non ipsius esse , sed dei , aquo acceperit , the kingdom was gods , not his ; as c athanasius saith : d optatus milevitanus helpeth us in the cause where he saith with paul , vve are to pray for heathen kings . the genuine end of the magistrate saith e epiphanius , is ut ad bonum ordinem universitatis mundi omnia ex deo bene disponantur atque administrentur . but some object , if the kingly power be of divine institution , then shall any other government be unlawfull and contrary to a divine institution , and so we condemne aristocracy , and democracy as unlawfull . ans . this consequence were good , if aristocracy and democracy were not also of divine institution , as all my arguments prove ; for i judge they are not governments different in nature , if we speake morally and theologically , onely they differ politically and positively ; nor is aristocracy any thing but diffused and inlarged monarchy , and monarchy is nothing but contracted aristocracy , even as it is the same hand , when the thumb and the foure fingers are folded together , and when all the five fingers are dilated , and stretched out , and where ever god appointed a king , he never appointed him absolute , and a sole independent angell , but joyned alwaies with him iudges , who were no lesse to judge according to the law of god , chron. . . then the king , deut. . v. . and in an obligation morall of judging righteously , the conscience of the monarch , and the conscience of the inferiour iudges are equally , with an immediate subjection under the king of kings , for there is here a co-ordination of consciences , and no subordination , for it is not in the power of the inferiour iudge to judge , quoad specificationem , as the king commandeth him , because the judgement is neither the kings , nor any mortall mans , but the lords , chronicles . , . hence all the three formes are from god , but let no man say , if they be all indifferent and equally of god , societies and kingdomes are left in the dark , and know not which of the three they shall pitch upon , because god hath given to them no speciall direction , for one rather than for another . but this is easily answered , that a republick appoint rulers to governe them , is not an action indifferent , but a morall action , because to set no rulers over themselves i conceive were a breach of the fift commandement , which commandeth government to be one or other . . it is not in mens free will that they have government or no government , because it is not in their free will to obey , or not to obey the acts of the court of nature , which is gods court , and this court enacteth that societies suffer not mankind to perish , which must necessarily follow , if they appoint no government ; also it is proved else where , that no morall acts in their exercises and use are left indifferent to us ; so then , the aptitude and temper of every common-wealth to monarchy , rather then to democracy , or aristocracy is gods warrant , and nearest call to determine the wills and liberty of people to pitch upon a monarchy , hic & nunc , rather then any other forme of government , though all the three be from god , even as single life and marriage are both the lawfull ordinances of god , and the constitution and temper of the body is a calling to either of the two ; nor are we to think that aristocracy and democracy are either unlawfull ordinances , or mens inventions , or that those societies which want monarchy doe therefore live in sins . but some say , that peter calleth any form of government , an humane ordinance , pet. . . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . therefore monarchy can be no ordinance of god. answ . f rivetus , it is called an ordinance of man , not because it is an invention of man , and not an ordinance of god , but respectu subjecti ; g piscator , not because man is the efficient cause of magistracie , but because they are men who are magistrates . h diodatus , obey princes and magistrates , or governours made by men , or amongst men . i oecumenius , an humane constitution , because it is made by an humane disposition , and created by humane suffrages . k dydimus , presides presidents made by men . l cajetanus , m estius , every creature of god ( as preach the gospel to every creature ) in authority . but i take the word every creature of man , to be put . emphatically , to commend the worth of obedience to magistrates , though but men , when we do it for the lords sake : therefore n betrandus cardinalis edn●●sis saith , he speaketh so for the more necessity of merit ; and o glossa ordinaria saith , be subject to all powers , etiam ex infidelibus & incredulis , even of infidels and unbeleevers . p lyranus , for though they be men , the image of god shineth in them ; and the syriack ▪ as q lorinus saith , leadeth us thereunto , r 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 lechullechum benai anasa . obey all the children of men that are in authority . . it is an ordinance of men , not effectively ; as if it were an invention , and a dream of men : but . subjectively , because exercised by man. . objectively , and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 for the good of men , and for the externall mans peace and safety especially ; whereas church-officers are for the spirituall good of mens souls . and ſ durandus saith well , civill power according to its institution is of god , and according to its acquisition , and way of use , it s of man. and we may thus farre call the forms of magistrates , an humane ordinance , that some magistrates are ordained to care for mens lives , and matters criminall , of life and death , and some for mens lands and estates ; some for commodities by sea , and some by land ; and magistrates according to these determinations or humane ordinances . quest . iiii. whether the king be only and imediatly from god , & not from the people . that this question may be the clearer , we are to set down these considerations . . the question is , whether the kingly office it self come from god ; i conceive it is , and floweth from the people , not by formall institution ; as if the people had by an act of reason , devised and excogitated such a power : god ordained the power ; it is from the people onely by a virtuall emanation , in respect that a community having no government at all , may ordain a king , or appoint an aristocracie . but the question is , concerning the designation of the person ? whence is it that this man , rather then this man , is crowned king ? and whence is it , from god immediatly , and onely , that this man rather then this man , and this race or family rather then that race and family is chosen for the crowne ? or is it from the people also , and their free choise ? for the pastor and the doctors office is from christ onely ; but that iohn rather then thomas be the doctor or the pastor , is from the will ; and choice of men , the presbyters and people . . the royall power is three wayes in the people ; . radically and virtually , as in the first subject . . collativè vel communicativè , by way of free donation , they giving it to this man , not to this man that he may ●ule over them . . limitatè ; they giving it so , as these three acts remain with the people ; . that they may measure ou● , by ounce weights , so much royall power , and no more , and no lesse . . so as they m●y l●●● , 〈…〉 , and set banks , and marches to the ●xccrc●● . . that ●●y give it ou● , conditionatè , upon this , and this condition that t●●y take again to themselves what they gave ou● , upon condition , ●●●●● condition be violated : the first i conceive is cleere , . 〈…〉 ●● every ●●ing creature have radically in them a power of 〈…〉 ●o defend themselves from violence , as we see lyons have 〈…〉 , so●● beasts have hornes , some clawes ; men being reasonable creatures , united in societie , must have power in a more reasonable and honorable way to put this power of warding off violence , in the hands of one or moe rulers , to defend themselves by magistrates . . if all men be borne , as concerning civill power , alike ; ( for no man commeth out of the wombe with a diadem on his head , or a scepter in his hand ) and yet men united in a societie may give crown and scepter to this man , and not to this man ; then this power was in this united societie , but it was not in them formally , for they should then all have been one king , and so both above and superiour , and below and inferiour to themselves , which we cannot say : therefore this power must have been virtually in them , because neither man , nor communitie of men can give that which they neither have formally , nor virtually in them . . royalists cannot deny , but cities have power to choose and create inferiour magistrates , ergo , many cities united have power to create an higher ruler ; for royall power is but the united and superlative power of inferiour judges , in one greater judge , whom they call a king. conclus . the power of creating a man a king , is from the people , . because those who may create this man a king , rather then this man , they have power to appoint a king. for a comparative action doth positively inferre an action , if a man have a power to marry this woman , not that woman ; we may strongly conclude , ergo he hath power to marry , now , king. . the people made omri king , and not zimri ; and his sonne achab , rather then tibni the sonne of sinath . nor can it be replyed this was no lawfull power that the people used , for that cannot elude the argument , for , king. . the people made salomon king , and not adonijah , though adonijah was the elder brother ; thev say , god did extraordinarily both make the office , and ●es●gne salomon to be king , the people had no hand in it , but approved gods fact . answer . this is that we say , god by the people , by nathan the propher , and the servants of david , and the states crying , ( god save king salomon ) made salomon king ; and here is a reall action of the people . god is the first agentin all acts of the creature , where a people maketh choise of a man to be their king , the states doe no other thing under god but create this man , rather then another ; and we cannot here find two actions , one of god , another of the people ; but in one , and the same action ; god by the peoples free suffrages & voices createth such a man king , passing by many thousands , and the people are not patientes in the action , because by the authoritat●ve choise of the states , the man is made of a private man , and no king , a publick person , and a crowned king , sam. . ▪ hushai said to absolom , nay but whom the lord and this people , and all the men of israel choose , his will i be , and with him will i abide , iudg. . . the men of israel said to gideon , rule thou over us , iudg. . . the men of se●hem made abimeleth king , iudg. . . . king. . : the people made azariah king , sam. . . chron. . . . if god doth regulate his people in making such a man king , not such a man , then he thereby insinuateth that the people have a power to make such a man king , and not such a man. but god doth regulate his people in making a king. ergo the people have a power to make such a man king , not such a man king. the proposition is cleare , because gods law doth not regulate a non-ens , a meere nothing , or an unlawfull power ; nor can gods holy law regulate an unlawfull power , or an unlawfull action , but quite abolish it , and interdict it ; the lord setteth not downe rules and waies how men should not commit treason , but the lord commandeth loyalty , and simply interdicteth men of treason ▪ . if people have then more power to create a king over themselves , then they had to make prophets , then god forbidding them to choose such a man for their king , should say as much to his people ; as if he would say , i command you to make esaiah & ieremiah prophets over you , but not these and these men . this certainly should prove that not god onely , but the people also with god made prophets ; i leave this to the consideration of the godly . the prophets were immediatly called of god , to be prophets , whether the people consented that they should be prophets , or not . therefore god immediatly , and onely sent the prophets , not the people ; but though god extraordinarily designed some men to be kings , and annoynted them by his prophets , yet were they never actually installed kings , till the people made them kings . i prove the assumption , deut. . — . when thou shalt say , i will set a king over me , like all the nations round about me . . thou shalt in any wise set him king over thee , whom the lord thy god shall choose , one from amongst thy brethren shalt tho● set king over thee , thou maist not set a stranger over thee , which is not thy brother . should not this be an unjust charge to the people , if god onely , without any action of the people , should immediatly set a king over them ? might not the people reply , we have no power at all to set a king over our selves , no more then we have power to make esaiah a prophet , who saw the visions of god , to what end then should god mocke us , and say , make a brother , and not a stranger king over you ? . expresly scripture saith , that the people made the king , though under god , iudg. . . the men of sechem made abimelech king , sam. . . and all the people went to gilgall , and there they made saul king before the lord , king. . . we will not make any king. this had been an irrationall speech to iehu , if both iehu and the people held the royalists tenet , that the people had no power to make a king , nor any active or causative influence therein ; but that god immediatly made the king , chron. . . all these came with a perfect heart to make david king in hebron ; and all the rest were of one heart to make david king ; on the words a lavater saith , the same way are magistrates now to be chosen ; now this day god by an immediate oracle from heaven appointeth the office of a king ; but i am sure he doth not immediatly designe the man , but doth onely mark him out to the people , as one who hath the most royall indowments , and the due qualifications required in a lawfull magistrate , by the word of god , exod. . . men of truth , hating covetousnesse , &c. deut. . , . men who will judge causes betwixt their brethren righteously , without respect of persons , sam. . . saul was chosen out of the tribes according to the law of god , deut. . they might not choose a stranger , and abulensis , serrarius , c●rnelius a lapide , sancheiz , and other popish writers think that saul was not onely anoynted with oyle , first privately by samuel , sam. . , . but also at two other times before the people , once at mizpeh , and another time at gilgal by a parliament , and a convention of the states , and samuel judged the voices of the people so essentiall to make a king , that samuel doth not acknowledge him as formall king , sam. . , , , , . though he honoured him , because he was to be king , . sam. , . while the tribes of israel and parliament were gathered together to make him king according to gods law , deut , . as is evident . for samuel , v. . caused all the tribes of israel to stand before the lord , and the tribe of benjamin was taken ; the law provided one of their owne , not a stranger to raigne over them ; and because some of the states of parliament did not choose him , but being children of belial , de spised him in their heart , v. . therefore after king saul , by that victory over the ammonites , had conquered the affections of all the people fully , v. , . samuel would have his coronation & election by the estates of parliament renewed , at gilgall , by all the people , v. , . to establish him king. . the lord by lots found out the tribe of benjamin . . the lord found out the man , by name , saul the sonne of kish , when he did hide himselfe amongst the stuffe , that the people might doe their part in creating of the king , whereas samuel had annoynted him before ; but the text saith expresly that the people made saul king , and calvin , martyr , lavater , and popish writers , as serrarius , mendoza , sancheiz , cornelius a lapide , lyranus , hugo cardinalis , carthusius , sanctius , doe all hence conclude that the people under god , make the king. i see no reason why b barclaius should here distinguish a power of choosing a king , which he granteth the people hath , and a power of makinga king , which he saith is only proper to god. answ . choosing of a king , is either a comparative crowning of this man , not this man ; and if the people have this , it s a creating of a king under god , who principally disposeth of kings and kingdomes : and this is enough for us . the want of this , made zimri no king : and those whom the rulers of iezreel at samaria , king. . refused to make kings , no kings . this election of the people made athaliah a princesse : the removall of it , and translation of the crown by the people to ioash , made her no princesse : for i beseech you , what other calling of god hath a race of a familie , and a person to the crowne , but only the election of the states ? there is now no voice from heaven , no immediately inspired prophets , such as samuel and elisha , to annoynt david , not eliab ; solomon , not adoniah . the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or the ●●roick spirit of a royall facultie of governing , is , i grant , from god only , not from the people : but i suppose that maketh not a king ; for then many sitting on the throne this day , should be no kings ; and many private persons should be kings . if he meane by the peoples choosiag , nothing but the peoples approbative consent , posterior to gods act of creating a king ; let them shew us an act of god making kings , and establishing royall power in such a familie , rather then in such a familie ; which is prior to the peoples consent , distinct from the peoples consent , i believe there is none at all . . arg. hence i argue ▪ if there be no calling or title on earth to tie the crown to such a familie and person , but the suffrages of the people ; then have the line of such a familie , and the persons now , no calling of god , no right to the crown , but only by the suffrages of the people , except we say that there be no lawfull kings on earth now , when propheticall unction and designation to crowns are ceased , contrary to expresse scripture , rom. . , , . pet. . , , , , . but there is no title on earth now to tye crownes to families , to persons , but onely the suffrages of the people : for , . conquest without the consent of the people , is but royall latrocinie , as we shall see . . there is no propheticall and immediate calling to kingdomes now . . the lords giving of regall parts is somewhat ; but i hope royallists will not deny but a child young in yeares and judgment , may be a lawfull king. . mr. maxwell his appointing of the kingly office , doth no more make one man a lawfull king , then another : for this were a wide consequence . god hath appointed that kings should be ; ergo , iohn a stiles is a king ; yea , ergo , david is a king : it followeth not . therefore it remaineth only , that the suffrages of the people of god is that just title and divine calling that kings have now to their crownes . i presuppose they have gifts to governe from god. . if the lords immediate designation of david , and his annointing by the divine authoritie of samuel , had been that which is alone without the election of the people , made david formally king of israel , then there were two kings in israel at one time ; for samuel annointed david , and so he was formally king , upon the ground layed by royallists , that the king hath no royall power from the people : and david after he himselfe was annointed by samuel , divers times , calleth saul the lords anointed , and that by the inspiration of gods spirit , as we and royallist● doe both agree . now two lawfull supreme monarchs in one kingdome , i conceive to be most repugnant to gods truth , and sound reason ; for they are as repugnant as two most highs , or as two infinites . . i● sh●ll follow , that david all the while betwixt his anointing by samuel , and his coronation by the suffrages of all israel at hebron . . was in-lacking , in discharging and acquiting himselfe of his royall duty , god having made him formally a king , and so laying upon him ● ch●rge to execute justice and judgement , and defend religion , which he did not discharge . . all davids suffering upon davids●art ●art must be unjust , for , as king , he should have cut off the murtherer saul , who killed the priests of the lord ; especially seeing saul by this ground must be a private murtherer , and david the only lawfull king. . david , if he was formally king , deserted his calling in flying to the philistims ; for a king should not forsake his kingdome upon no hazards , even of his life , no more th●n a pilot should give over the helme in an ex●reme storme : but certainly gods dispensation in this warranteth us to say no man can be formally a lawfull king , without the suffrages of the peo●le : for saul , after samuel from the lord anointed him , remained a private man , and no king , till the people made him king , and elected him . and david , anointed by that same divine authoritie , remained formally a subject , and not a king , till all israel made him king at hebron . and salom●n , though by god designed and ordained to be king , yet was never king , till the people made him king , king. . ergo , there floweth something from the power of the people , by which he who is no king , now becommeth a king , formally , and by gods lawfull call ; whereas before the man was no king , but as touching all royall power a meere private man. and i am sure birth must be lesse then gods designation to a crowne , as is cleere . adoniah was elder then salomon , yet god will have salomon , the younger by birth , to be king , and not adoniah . and so mr. symons and other court-prophets must prevaricate , who will have birth without the peoples election to make a king , and the peoples voyces but a ceremonie . . i thinke royalists cannot deny but a people ruled by aristocraticall magistrates , may elect a king , and a king so elected is formally made a lawfull king by the peoples election , for of six apt and gifted to reigne , what maketh one a king , and not the other five ? certainly god disposing the people to choose this man , and not another man , it cannot be said but god giveth the kingly power immediately , and by him kings raigne , that is true . the office is immediately from god , but now the question is , what is that which formally applyeth the office and royall power to this person , rather then to the other five as meet . nothing can here be dreamed of , but god inclining the hearts of the states to choose this man , and not this men . quest . v. whether or no p. p. the author of sac. san. regum majestas , called the sacred and royall prerogative of kings , proveth that god is the immediate author of soveraignty , and that the king is no creature of the peoples making ? consider first that the excommunicated prelate saith , cap. . p. . kings are not immediatly from god , as by any speciall ordinance sent from heaven by the ministery of angels and prophets , there were but some few such ; as moses , saul , david , &c. yet something may immediatly proceed from god , and be his speciall worke without a revelation or manifestation extraordinary from heaven , so the designation to a sacred function is from the church , and from man ; yet the power of word , sacraments binding and loosing , is immediatly from jesus christ . the apostle matthias was from christs immediate constitution , and yet he was designed by men , act. . the soule is by creation and infusion , without any speciall ordinance from heaven , though nature begeteth the body , and disposeth the matter , and prepareth it as fit to be conjoyned with the soule , so as the father is said to beget the sonne . ans . . the unchurched prelate striveth to make us hatefull by the title of the chapter , that god is ( by his title ) the immediate author of soveraingty ; and who denyeth that ? not those , who teach that the person who is king , is created king by the people , no more then those who deny that men are now called to be pastors , and deacons immediately , and by a voice from heaven , or by the ministery of angells and prophets , because the office of pastors and deacons is immediately from god. . when he hath proved that god is the immediate author of soveraingty . what then ? shall it follow that the soveraigne in concreto may not be resisted ? and that he is above all law ; and that there is no armour against his violence but prayers and teares . so god is the immediate author of the pastors , of the apostles office , ergo , it is unlawfull to resist a pastor , though he turne robber ? ergo , the pastor is above all the kings lawes ? this is the iesuite and all made , ergo , there is no armour against the robbing prelate but prayer and teares . . he saith in his title , that the king is no creature of the peoples making . if he meane the king in abstracto , that is , the royall dignity , whom speaketh he against ? not against us , but against his owne father bellarmine , who saith a that soveraignty hath no warrant by any divine law. if he meane that the man who is king is not created and elected king by the people , he contradicteth himself and all the court doctors . . it is false that saul and david , their originall of royalty was onely from god by a speciall ordinance sent from heaven ; for their office is , deut. . . from the written word of god , as the killing of idolaters , v. , . as the office of the priests and levites , , , . and this is no extraordinary ordinance from heaven , more than that is from heaven which is warranted by the word of god. if he meane that these men , saul , and david , were created kings by the onely extraordinary revelation of god from heaven , it is a lye ; for beside the propheticall anoynting of them , they were made kings by the people , as the word saith expresly ; except we say that david sinned in not setting himselfe downe on the throne , when samuel anoynted him first king ; and so he should have made away his master king saul out of the world ; and there were not a few called to the throne , by the people ; but many , yea all the kings of israel and iudah . . the prelate contendeth that a king is designed to his royall dignity , immediatly from god , without an extraordinary revelation from heaven , as the man is designed to be a pastor by men ; and yet the power of preaching is immediatly from god , &c. but he proveth nothing , except he prove that all pastors are called to be pastors immediatly ; and that god calleth and designeth to the throne such a person immediatly , as he hath immediatly instituted by the power of preaching , and the apostleship , and hath immediatly infused the soule in the body , by an act of creation ; and we cannot conceive how god in our daies , when there are no extraordinary revelations , doth immediatly create this man a king , and immediatly tie the crown to this family rather then to this ; this he doth by the people now , without any propheticall vnction ; and by this medium , to wit , by the free choice of the people . he needeth not bring the example of matthias more than of any ordinary pastor , and yet an ordinary pastor is not immediatly called of god , because the office of an ordinary pastor is from god immediatly , and also the man is made pastor by the church . the p. prelate saith , a thing is immediatly from god three waies . . when it is solely from god , and presupposeth nothing ordinary or humane , antecedent to the obteyning of it . such was the power of moses , saul , david . such were the apostles . . when the collation of the power to such a person is immediatly from god , though some act of man be antecedent ; as matthias was an apostle . a baptized man obtaineth remission and regeneration , yet aspersion of water cannot produce these excellent effects . a king giveth power to a favourite to make a lord or a baron , yet who is so stupid as to averre the honour of a lord commeth immediatly from the favourite , and not from the king. . when a man hath by some ordinary humane right , a full and just right , and the approbation and confirmation of this right is immediatly from god. the first way , soveraignty is not from god. the second way , soveraignty is conferred on kings immediatly , though some created act of election , succesion , conquests intervene , the interposed act containeth not in it power to conferre soveraignty ; as in baptisme , regeneration , if there be nothing repugnant in the suscipient , is conferred , not by water , but immediatly by god. in sacred orders designation is from men , power to supernatur all acts from god : election , succession , conquests remotely and improperly constitute a king. to say in the third sence that soveraignty is immediatly from god , by approbation or confirmation onely , is against scripture , prov. . . psa . . . ioh. . then the people say ; you are gods , your power is from below . and pauls , ( ordained of god ) is ( approved and confirmed onely of god ) the power of designation , or application of the person to royalty is from man ; the power of conferring royall power , or of applying the person to royall power is from god. a mans hand may apply a faggot to the fire , the fire onely maketh the faggot to burne . ans . . apostles both according to their office , and the designation of their person to the office were immediatly and onely from god , without any act of the people , and therefore are badly coupled with the royall power of david and king saul , who were not formally made kings , but by the people at mizpeh and hebron , . the second way god giveth royall power by moving the peoples hearts to confer royall power , and this is virtually in the people , formally from god. water hath no influence to produce grace , gods institution and promise doth it ; except you dream with your iesuites , of opus operatum , that water sprinkled , by the doing of the deed conferreth grace , nisi ponatur obex , what can the child doe , or one child more then another baptized child , to hinder the flux of remission of sins , if you meane not that baptisme worketh as physick on a sick man , except strength of humours hinder ? and therefore this comparison is not alike . the people cannot produce so noble an effect as royalty , a beame of god. true , formally they cannot , but virtually it is in a society of reasonable men , in whom are left beames of authoritative majesty , which by a divine institution they can give , deut. . . to this man , to david , not to eliab ; and i could well say the favorite made the lord , and placed honour in the man whom he made lord , by a borrowed power from his prince ; and yet the honour of a lord is principally from the king. . it is true , theelection of the people conteineth not formally royall dignitie , but the word saith , they made saul , they made david king : so virtually election must conteine it . samuels oyle maketh not david king , he is a subject after he is anointed ; the peoples election at hebron maketh him king ; . differenceth him from his brethren ; . putteth him in royall state ; yet god is the principall agent . what immediate action god hath here , is said and dreamed of , no man can divine , except prophet p. prelate . the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 royall authoritie is given organically by that act by which he is made king : another act is a night-dreame , but by the act of election david is made of no king , a king. the collation of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 royall gifts , is immediately from god : but that formally maketh not a king , if solomon saw right , servants riding on horses , princes going on foot . . judge of the prelates subtiltie , i dare say , not his own , he stealeth from spalato , but telleth not , the applying of the person to royall authoritie , is from the people ; but the applying of royall authoritie to the person of the king , is immediately and only from god : as the hand putteth the faggot to the fire , but the fire maketh it burne . to apply the subject to the accident , is it any thing else but to apply the accident to the subject ? royall authoritie is an accident , the person of the king the subject : the applying of the faggot to the fire , and the applying of the fire to the faggot , are all one , to any not forsaken of common sense . when the people applyeth the person to the royall authoritie , they but put the person in the state of royall authoritie ; and this is to make an union betwixt the man and royall authoritie ; and this is to apply royall authoritie to the person . . the third sense is the prelates dreame , not a tenet of ours ; we never said that soveraigntie in the king is immediately from god by approbation or confirmation only , as if the people first made the king , and god did only by a posterior and latter act say amen to the deed done , and subscribe , as recorder , to what the people doth : so the people should deale kingdomes and crownes at their pleasure , and god behoved to ratifie and make good their fact . when god doth apply the person to royall power , what ? is this a different action from the peoples applying the person to royall dignitie ? it is not imaginable : but the people by creating a king , applyeth the person to royall dignitie ; and god by the peoples act of constituting the man king , doth by the mediation of this act convey royall authoritie to the man , as the church by sending a man , and ordaining him to bee a pastor , doth not by that , as gods instruments , infuse supernaturall powers of preaching : these powers supernaturall may be , and often are in him before he be in orders ; and sometimes god infuseth a supernaturall power of government in a man , when he is not yet a king , as the lord turned saul into another man , sam. . . . neither at that point of time when samuel anointed him , but after that , v. . after that thou shalt come to the hill of god , . the spirit of the lord shall come upon thee , and thou shalt prophecie with them , and shalt be turned into another man. nor yet at that time when he is formally made king by the people ; for saul was not king formally , because of samuels anointing , nor yet was he king because another spirit was infused into him , v. , . for he was yet a privat man , till the states of israel chose him king at mizpeh . and the word of god useth words of action to expresse the peoples power , iudg. . . and all the men of sechem gathered together , and all the men of millo , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 regnare fecerunt , they caused him to be king. the same is said , sam. . . they caused saul to reigne , k. . . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 we shall not king any man , chron. . . they came to hebron 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to king david over all israel , deut. . three times the making of a king is given to the people . . when thou shalt say , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i shall set a king over me : if it were not their power to make a king , no law could be imposed on them not to make a stranger their king , king. . . all the congregation kinged jeroboam , or made him king over all israel , king. . . they kinged joash , or made ioash to reigne . . the people are to say , you are gods , and your power is below , saith the prelate : what then ? ergo , their power is not from god also : it followeth not , subordinata non pugnant . the scripture saith both , the lord exalted david to be king , and , all power is from god : and so the power of a l. major of a citie : and the people made david king also , and the citie maketh such a man l. major . it is the anabaptists argument ; god writeth his law in our heart , and teacheth his own children , ergo , bookes , and the ministerie of men are needlesse : so all sciences and lawfull arts are from god : ergo , sciences applied to men , are not from mens free will , industrie and studies . the prelate extolleth the king , when he will have his royaltie from god , the way that john stiles is the husband of such a woman . p. prelate . kings are of god , they are gods , children of the most high , his servants , publike ministers , their sword and judgement gods. this he hath said of their royaltie in abstracto , and in concreto ; their power , person , charge , are all of divine extract , and so their authoritie and person are both sacred and inviolable . answ . so are all the congregation of the iudges , psal . . v. . . all of them gods : for he speaketh not there of a congregation of kings . so are apostles , their office and persons of god ; and so the prelates ( they thinke ) the successors of the apostles ▪ are gods servants , their ministerie , word , rod of discipline not theirs , but of god : the judgement of iudges , inferiour to the king , is the lords judgement , not mens , deut. . . . chro. . . hence by the prelates logick , the persons of prelates , majors , bailiffes , constables , pastors , are sacred and inviolable above all lawes , as are kings . is this an extolling of kings ? . but where are kings persons , as men , said to be of god , as the royaltie in abstract● i● ? the prelate seeth beside his booke , psal . . . but ye shall die as men . p. prelate . we begin with the law , in which as god by himself prescribed the essentialls , substantialls , & ceremonies of his pietie & worship , gave order for justice & pietie , deut. . . the king is here originally & immediately from god , and independent from all others , ( set over them ) them , is collective , that is , all & every one . scripture knoweth not this state principle ; rex est singulis major , universis minor . the person is expressed in concreto , whom the lord thy god shall choose . this peremptorie precept dischargeth the people , all , and every one , diffusively , representatively , or in any imaginable capacity to attempt the appointing of a king , but to leave it entirely and totally to god almighty . answ . begin with the law , but end not with traditions . if god by himselfe prescribed the essentialls of pietie and worship , the other part of your distinction is , that god not by himself , but by his prelates , appointed the whole romish rites , as accidentalls of pietie . this is the iesuites doctrine . . this place is so far from proving the king to be independent , and that it totally is gods to appoint a king , that it expresly giveth the people power to appoint a king : for the setting of a king over themselves , such a one , and not such a one , makes the people to appoint the king , and the king to be lesse and dependent on the people , seeing god intendeth the king for the peoples good , and not the people for the kings good . this text shameth the prelate , who also confessed , p. . that remotely and unproperly succession , election , and conquest maketh the king , and so its lawfull for men remotely and improperly to invade gods chaire . p. prelate : jesuites and puritans say , it was a priviledge of the jews that god chose their king. so suarez , soto , navarra . answ . . the jesuites are the prelates brethren , they are under one banner , we are in contrary camps to iesuites . . the prelate said himself , pag. . moses , saul , and david , were by extraordinary revelation from god ; sure i am , kings are not so now . the jews had this priviledge , that no nation had . . god named some kings to them , as saul , david , he doth not so now . . god did tie royaltie to davids house by a covenant , till christ should come , he doth not so now . yet we stand to deut. . p. prelate . prov. . . by me kings reign . if the people had right to constitute a king , it had not been king solomon , but king adonijah . solomon saith not of himself , but indefinitely ( by me ) as by the author , efficient , and constituent , kings reign . ( per ) is by christ , not by the people , not by the high priest , state , or presbytery , not per me iratum , by me in my anger , as some sectaries say . pauls 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , an ordinance by high authoritie not revocable : so sinesius useth the word , aristotle , lucilius , appian , plutarch , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in me , and by me , as doctor andrews . kings indefinitely , all kings : none may distinguish where the law distinguisheth not , they reign in concreto : that same power that maketh kings , must unmake them . ans . . the prelate cannot restrict this to kings only , it extendeth to parliaments also . solomon addeth 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and consules , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 all the sirs , and princes 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and magnificents , and nobles , and more 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and all the iudges of the earth , they reign , rule , and decree justice by christ . here then majors , sheriffs , provosts , constables , are by the prelate extolled as persons , sacred , irresistible : then , . the iudges of england rule not by the king of britain , as their author , efficient , constituent , but by iesus christ immediately , nor doth the commissary rule by the prelate . . all these , and their power , and persons , rule independently , and immediately by iesus christ . . all inferiour iudges are 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , the ordinances of god not revocable . ergo , the king cannot deprive any iudge under him ; he cannot declare the parliament no parliament ; once a iudge and alwayes , and irrevocably a judge . this prelates poor pleading for kings deserves no wages . lavater intelligit superiores & inferiores magistratus , non est potestas nisi a deo , vatablus confiliarios . . if the people had absolute right , to choose kings by the law of israel , they might have chosen another , then either adonijah , or solomon , but the lord expressely , deut. . . put an expresse law on them , that they should make no king , but him whom the lord should chuse : now the lord did either by his immediately inspired propher , anoint the man , as he anointed david , saul , iehu , &c. or then he restricted , by a revealed promise , the royall power to a family , and to the eldest by birth : and therefore the lord first chose the man , and then the people made him king : birth was not their rule , as is clear , in that they made solomon their king , not adonijah the elder ; and this proveth , that god did both ordain kingly government to the kingdom of israel , and chose the man , either in his person , or tied it to the first born of the line . now we have no scripture , nor law of god , to tie royall dignitie to one man , or to one family ; produce a warrant for it in the word , for that must be a priviledge of the iews , for which we have no word of god , but we have no immediately inspired samuels , to say , make david , or this man king ; and no word of god to say , let the first born of this family , rather then another family sit upon the throne ; therefore the people must make such a man king , following the rule of gods word , deut. . . and other rules shewing what sort of men iudges must be , as deut . , , . chro. . , . . it is true , kings in a speciall manner reign by christ . ergo , not by the peoples free election . the p. prelate argueth like himself : by this text , a major of a citie , by the lord , decreeth justice : ergo , he is not made a major of the citie , by the people of the citie . it followeth not , . none of us teach that kings reign by gods anger . we judge a king a great mercy of god to church , or state : but the text saith not , by the lord , kings and iudges do not onely reign and decree justice , but also murther protestants , by raising against them an army of papists . and the word , . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , powers , doth in no greek author signifie , irrevocable powers ; for vzziah was a lawfull king , and yet chron. . lawfully put from the throne , and cut off from the house of the lord : and interpreters on this place , deny that the place is to be understood of tyrants : so the chaldee paraphrase turns it well , potentes virga justitiae : so lavater , and di●datus , and thomas saith , this place doth prove , that all kings , and iudges , laws , derivari a lege aeterna , are derived from the eternall law. the prelate eating his tongue for anger , striveth to prove , that all power , and so royall power , is of god : but what can he make of it ? we beleeve it , though he say sectaries prove , by 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , that a man is justified by faith onely : so there is no power but of god onely : but feel the smell of a iesuite ; it is the sectaries doctrine . that we are justified by faith onely ; but the prelates , and the iesuites goe another way , not by faith onely , but by works also . and all power is from god onely , as the first author , and from no man. what then ? therefore men and people interpose no humane act in making this man a king , and not this man : it followeth , and let us with the prelate , joyn paul and solomon together , and say , that soveraigntie is from god , of god , by god , as gods appointment irrevocable . then shall it never follow : it is unseparable from the person , except you make the king a man immortall : as god onely can remove the crown ; it is true , but god onely can put an unworthy , and an excommunicated prelate from office and benefice , but how ? doth that prove , that men and the church may not also in their place , remove an unworthy church-man , when the church following gods word , delivereth to satan ? christ onely as head of the church , excommunicateth scandalous men : ergo , the church cannot do it , and yet the argument is as good the one way , as the other ; for all the churches on earth cannot make a minister properly , they but design him to the ministery whom god hath gifted and called : but shall we conclude , ergo , no church on earth ; but god onely , by an immediate action from heaven , can deprive a minister ? how then durst prelates excommunicate , unmake , and imprison so many ministers in the three kingdoms : but the truth is , take this one argument from the prelate , and all that is in his book , falleth to the ground , to wit , soveraigntie is from god onely . a king is a creature of gods making onely ; and what then ? ergo , soveraigntie cannot be taken from him : so god onely made aarons house priests . . solomon had no law to depose abiathar from the priest-hood . possibly the prelate will grant all ; the place , rom. . which he saith hath tortured us , i refer to a fitter place , it will be found to torture court parasites . i goe on with the prelate , c. . sacred soveraignty is to be preserved , and kings are to be prayed for , that we may lead a godly life , tim. . what then ? . all in authority are to be prayed for , even parliaments , by that text pastors are to be prayed for , and without them sound religion cannot well subsist . . is this questioned , but kings should be prayed for ; or are we wanting in this duty ? but it followeth not that all dignities to be prayed for are immediatly from god , not from men . prelate , prov. . solomon speaketh first of the establishment of government , before he speake of the workes of creation , ergo better not be at all , as be without government . and god fixed government in the person of adam before evah , or any else came into the world ; and how shall government be , and we enjoy the fruits of it , except we preserve the kings sacred authority inviolable ? ans . moses , gen. . speaketh of creation before he speaketh of kings , and moses speaketh , gen. . of adams sins before he speakes of redemption through the blessed seed ; ergo better never be redeemed at all , as to to be without sin . . if god made adam a governour before he made evah , and any of mankind , he was made a father and a husband before he had either sonne or wise . is this the prelates logick ? he may prove that two eggs on his fathers table are three this way . . there is no government where soveraignty is not keptinviolable . it is true , where there is a king , soveraignty must be inviolable , what then ? arbitrary government is not soveraignty . . he intimateth aristocracy , and democracy , and the power of parliaments , which maketh kings to be nothing but anarchie ; for he speaketh here of no government , but monarchy , p. prelate , there is need of grace to obey the king , ps . . . ps . . . it is god who subdueth the people under david . . rebellion against the king i● rebellion against god. pet. . . prov , . . ergo kings have a neare alliance with god. ans . . there is much grace in papists and prelates then , who use to write and preach against grace . . lorinus your brother iesuite will with good warrant of the texts inferre , that the king may make a conquest of his own kingdomes of scotland and england by the sword , as david subdued the heathen . . arbitrary governing hath no alliance with god ; a rebell to god , his country and an apostate hath no reason to terme lawfull defence against cut-throat irish , rebellion . . there is need of much grace to obey pastors , inferiour iudges , masters , col. . , . ergo their power is from god immediatly , and no more from men then the king is created king by the people , according to the way of royalists . p. prelate . god saith of pharaoh , exo. . . i have raised thee up . elisha from god constituted the king of syria , king . . pharaoh , abimelech , hiram , hazael , hadad , are no lesse honoured with the compellation of kings , then david , saul , &c. ier. . . nebuchadnezer is honoured to be called by way of excellency gods servant , which god giveth to david , a king according to his owne heart ; and esay . , . thus saith the lord to his anoynted cyrus , and god nameth him neere a hundreth yeare before he was borne , esay . . he is my shepheard , daniel . , . . . god giveth kingdomes to whom he will , dan. . . and p. . empires , kingdomes , royalties are not disposed of by the composed contracts of men , but by the immediate hand and worke of god , hos . . . i gave them a king in my anger , i tooke him away in my wrath : iob , he places kings in the throne , &c. ans . here is a whole chapter of seven pages for one raw argument ten times before repeated , . to exod. . . i have raised up pharaoh , paul expoundeth it , rom. . to prove that king pharaoh was a vessell of wrath fitted for destruction , by gods absolute will ; and the prelate following arminius , with treasonable charity , applyeth this to our king. can this man pray for the king ? . elisha anoynted but constituted not hazael king , and foretold he should be king ; and if he be a king of gods making , who slew his sicke prince , and invaded the throne by innocent bloud , judge you . i would not take kings of the prelates making . . if god give to nebuchadnezer the same still of the servant of god , given to david , ps . . . & . . and to moses , ios . , . all kings , because kings are men according to gods heart . why is not royalty then founded on grace ? nebuchadnezer was not otherwise his servant , then he was the hammer of the earth , and a tyrannous conquerour of the lords people , and all the heathen kings are called kings . but how came they to their thrones for the most part ? as david and hezekiah ? but god anointed them not by his prophets ; they came to their kingdomes by the peoples election , or by blood and rapine ; the latter way is no ground to you to deny athaliah to be a lawfull princesse , she and abimelech were lawfull princes , and their soveraignty as immediatly and independently from god , as the soveraignty of many heathen kings . see then how justly athaliah was killed as a bloody usurper of the throne ; & this would licence your brethren the iesuites to stab heathen kings , whom you will have as well kings as the lords anointed , though nebuchadnezer & many of them made their way to the throne , against all law of god and man , through a bloudy patent . . cyrus is gods anointed and his shepheard too , ergo his arbitrary government is a soveraignty immediatly depending on god , and above all law ; it is a wicked consequence . . god named him neare a hundreth yeare ere he was borne , god named and designed judas very individually , and named the asse that christ should ride on to ierusalem , zach. . . some moe hundred yeares then one . what , will the prelate make them independent kings for that ? . god giveth kingdomes to whom he will. what then ? this will prove kingdomes to be as independent and immediatly from god , as kings are ; for as god giveth kings to kingdomes , so he giveth kingdomes to kings , and no doubt he giveth kingdoms to whom he will ; so he giveth prophets , apostles , pastors to whom he will ; and he giveth tyrannous conquests to whom he will : and it is nebuchadnezer , to whom daniel speaketh that , from the lord , and he had no just title to many kingdomes , especially to the kingdome of iudah , which yet god the king of kings gave to him , because it was his good pleasure ; and if god had not commanded them by the mouth of his prophet ieremiah , might they not have risen , and with the sword have vindicated themselves and their own liberty , no lesse then they lawfully by the sword vindicated themselves from under moab , iudges . from under iabin , iaakin king of canaan , who twenty yeares mightily oppressed the children of israel , iudges . . ? now this p. prelate by all these instances making heathen kings to be kings by as good a title as david and hezekiah , condemneth the people of god as rebells , if being subdued and conquered by the turke , and spanish king , they should by the sword recover their owne liberty , and that israel , and the saviours which god raised to them , had not warrant from the law of nature to vindicate themselves to liberty , which was taken from them violently and unjustly by the sword ; but from all this it shall well follow that the tyranny of bloudy conquerours is immediatly and only dependent from god , no lesse then lawfull soveraignty ; for nebuchadnezers soveraignty over the people of god , and many other kingdomes also was revenged of god as tyranny , ier. . . . and therefore the vengeance of the lord , and the vengeance of his temple came upon him and his land , ier. . , . . , . . it is true , the people of god were commanded of god to submit to the king of babylon , to serve him , and to pray for him , and to doe on the contrary was rebellion ; but this was not because the king of babylon was their king , and because the king of babylon had a command of god , so to bring under his yoak the people of god. so christ had a commandement to suffer the death of the crosse , iohn . . . but had herod and pilate any warrant to crucifie him ? none at all . . he saith , royalties even of heathen kings are not disposed of by the composed contracts of men , but by the immediate hand and worke of god. but the contracts of men to give a kingdome to a person , which a heathen community may lawfully doe , and so by contract dispose of a kingdom , is not opposite to the immediate hand of god , appointing royalty and monarchy at his owne blessed liberty . lastly he saith , god tooke away saul in his wrath ; but i pray you did god onely doe it ? then had saul because a king , a patent royall from god to kill himselfe , for so god tooke him away ; and we are rebells by this , if we suffer not the king to kill himselfe . well pleaded . quest . vi. whether the king be so from god onely both in regard of his soveraignty , and of the designation of his person to the crown , as that he is no waies from the people , but by meere approbation ? dr. ferne , a man much for monarchy saith , though monarchy hath its excellency , being first set up of god , in moses , yet neither monarchy , aristocracy , nor any other forme , is jure divino , but we say ( saith he ) the power it selfe , or that sufficiency of authority to governe , that is in a monarchy , or aristocracy , abstractly considered from the qualification of other formes , is a flux and constitution subordinate to that providence ; an ordinance of that dixi , or silent word by which the world was made , and shall be governed under god. this is a great debasing of the lords anoynted , for so soveraignty hath no warrant in gods word formally as it is such a government , but is in the world by providence , as sin is , and as the falling of a sparrow to the ground ; whereas gods word hath not onely commanded that government should be , but that fathers and mothers should be . . and not only that politick rulers should be , but also kings by name , and other iudges aristocraticall should be , rom. . . deut. . . pet. . . prov. . . prov. . . . if the power of monarchy and aristocracy abstracted from the formes be from god , then it is no more lawfull to resist aristocraticall government , and our lords of parliament , or iudges , then it is lawfull to resist kings . but heare the prelates reasons to prove that the king is from the people by approbation only . p. prelate . the people , deut. . is said to set a king over them only , as cor. . the saints are said to judge the world , that is , by consenting to christs iudgement . so the people doe not make a king by transferring on him soveraignty , but by accepting , acknowledging , reverencing him as king , whom god hath both constituted and designed king. answ . this is said , but not a word proved : for the queen of sheba , and hiram acknowledged , reverenced and obeyed solomon as king , and yet they made him not king , as the princes of israell did . . reverence and obedience of the people is relative to the kings lawes , but the peoples making of a king is not relative to the laws of a king ; for then he should be a king giving laws , and commanding the people , as king , before the people make him king. . if the peoples approving and consenting that an elected king be their king , presupposeth that he is a king designed , and constituted by god , before the people approve him as king ; let the p. prelate give us an act of god now designing a man king : for there are no immediate voyces from heaven , saying to a people , this is your king , before the people elect one of sixe to be their king. and this infallibly proveth that god designeth one of sixe to be a king , to a people who had no king before , by no other act but by determining the hearts of the states to elect and designe this man king , and passe any of the other five . . when god , deut. . forbiddeth them to choose a stranger , he presupposeth they may choose a stranger : for gods law now given to man in the state of sinne , presupposeth he hath corruption of nature to doe contrary to gods law : now if god did hold forth , that their setting a king over them , was but the peoples approving the man whom god shall both constitute and designe to be king , then he should presuppose that god was to designe a stranger to be the lawfull king of israel ; and the people should be interdicted to approve and consent , that the man should be king whom god should choose : for it was unpossible that the people should make a stranger king , ( god is the only immediate king-creator ) the people should only approve and consent that a stranger should be king ; yet upon supposall that god first constituted and designed the stranger king , it was not in the peoples power that the king should be a brother rather then a stranger ; for if the people have no power to make a king , but doe only approve him , or consent to him , when he is both made and designed of god to be king , it is not in their power that he be either brother or stranger , and so god commandeth what is simply impossible . . consider the sense of the command by the prelates vaine logick : i iehovah , as i only create the world of nothing , so i only constitute and designe a man , whether iew , or nebuchadnezzar a stranger to be your king ; yet i inhibit you under the pain of my curse , that you set any king over your selves , but only a brother . what is this , but i inhibite you to be creators by omnipotent power ? . to these adde the reasons i produced before , that the people by no shadow of reason can be commanded to make such a man king , not such a man , if they only consent to the man made king , but have no action in the making of the king. p. prelate . all the acts reall and imaginable , which are necessary for the making of kings , are ascribed to god : take the first king as a ruling case , sam. . . behold the king whom you have chosen and desired , and behold the lord hath set a king over you . this election of the people can be no other but their admittance or acceptance of the king whom god hath chosen and constituted , as the words , whom ye have chosen , imply , sam. . . sam. . . you have sauls election and constitution , where samuel as priest and prophet anointeth him , doing reverence and obeysance to him , and ascribing to god , that he did appoint him supreame and soveraigne over his inheritance . and the same expression is , sam. . . the lord hath set a king over you : which is psal . . . i have set my king upon my holy hill of zion . neither man nor angel hath any share in any act of constituting christ king , deut. . the lord vindicateth as proper and peculiar to himselfe , the designation of the person . it was not arbitrary to the people to admit or reject saul so designed ; it pleased god to consummate the worke by the acceptation , consent and approbation of the people ▪ ut suaviore modo , that by a smoother way he might incourage saul to undergoe the hard charge , and make his people the more heartily● , without grumbling and scruple , reverence and obey him . the peoples admittance possibly added something to the solemnitie , to the pompe , but nothing to the essentiall and reall constitution or necessitie ; it only puts the subjects in mala fide , if they should contraveen , as the intimation of a law , the coronation of an hereditary king , the inthronization of a bishop . and , king. . . thou hast made thy servant king , sam. . . i have provided me a king , psal . . . he is gods king , psal . . . i have exalted one chosen out of the people , v. . he anointeth them , . adopteth them . i will make him my first borne , psal . . . the first borne is above every brother severally , and above all , though a thousand joyntly . answ . . by this reason , inferiour iudges are no lesse immediate deputies of god , and so irresistible , then the kings , because god took off the spirit that was on moses , and immediately powred it upon the seventy elders , who were iudges inferiour to moses , num. . . . . answ . . this p. p. cannot make a syllogisme : if all the acts necessary to make a king , be given to god , none to the people ; then god both constituteth and designeth the king. but the former the scripture saith , ergo , if all the acts be given to god , as to the prime king-mak●r , and disposer of kings and kingdoms , and none to the people in that notion , then god both constituteth and designeth a king. both major and minor is false . the major is as false as the very p. prelate himselfe . all the acts necessary for war-making , are in an eminent manner given to god , as . the lord fighteth for his people . . the lord scattered the enemies . . the lord slew og king of bashan . . the battell is the lords . . the victorie the lords ; ergo , israel never fought a battell . so deut. . the lord alone led his people ; the lord led them in the wildernesse ; their bow and their sword gave them not the land : god wrought all their workes for them , esa . . ergo , moses led them not ; ergo , the people went not on their own leggs through the wildernesse ; ergo , the people never shot an arrow , never drew a sword . it followeth not . . god did all these as the first , eminent , principall and efficacious pre-determinator of the creature , ( though this arminian and popish prelate mind not so to honour god. ) . the assumption is also false ; for the people made saul and david kings ; and it were ridiculous , that god should command them to make a brother , not a stranger king , if it was not in their power whether he should be a iew , a scythian , an ethiopian , who was their king , if god did only without them both choose , . constitute , . designe the person , and performe all acts essentiall to make a king , and the people had no more in them but only to admit and consent , and that for the solemnitie and pompe , not for the essentiall constitution of the king. . sam. . . sam. . . we have not saul elected and constituted king , and samuel did obeysance to him and kissed him , for the honor royall which god was to put upon him : for before this propheticall unction , sam. . . he made him sit in the chiefe place , and honored him as king , when as yet samuel was materially king , and the lords vicegerent in israel . if then the prelate conclude any thing from samuel his doing reverence and obeysance to him as king , it shall follow that saul was formally king , before samuel , sam. . . anointed him , and kissd him ; and that must be before he he was formally king , otherwise he was in gods appointment king , before ever he saw samuels face ; and it is true , he ascribeth honour to him , as to one appointed by god to be supreame soveraigne , for that which he should be , not for that which he was , as c. . . he set him in the chiefest place , and therefore it is false , that we have sauls election and constitution to be king , sam. . for after that time the people are rebuked for seeking a king , and that with a purpose to disswade them from it , as a sinfull desire , and he is chosen by lots after that , and made king , & after samuels anoynting of him , he was a private , man , and did hide himselfe amongst the stuffe , v. . . the prelate if of ignorance , or wilfully i know not , saith , the expression and phrase is the same , sam. . . and ps . . . which is false ; for sam. . . it is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 behold the lord hath given you a king , such is the expression , hos . . . i gave them a king in my wrath ; but that expression is not psal . . . but this 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 but i have established him my king ; and though it were the same expression , it followeth not that the people have not hand any other way in appointing christ their head ; ( though that phrase also be in the word , hos . . v. . ) then by consenting , and beleeving in him as king ; but this proveth not that the people in appointing a king , hath no hand but naked approbation , for the same phrase doth not expresse the same action , nay the iudges are to kisse christ , ps . . . the same way , and by the same action that samuel kissed saul , sam. . . and the idolaters kissed the calves , hos . . . for the same hebrew word is used in all the three places , and yet it is certaine the first kissing is spirituall , the second a kisse of honour , and the third an idolatrous kissing . . the anoynting of saul cannot be a leading rule to the making of all kings to the worlds end ; for the p. prelate forgetting himselfe said , that onely some few , as moses , saul , and david , &c. by extraordinary manifestation from heaven were made kings , pa. . . he saith it was not arbitrary for the people to admit , or reject saul so designed . what meaneth he ? it was not morally arbitrary , because they were under a law , deut. . , . to make him king , whom the lord should choose . that is true , but was it not arbitrary to them to breake a law physically ? i think he who is a professed arminian will not side with manicheans and fatalists so , but the p. prelate must prove it was not arbitrary , either morally or physically to them not to accept saul as their king , because they had no action at all in the making of a king , god did it all , both by constituting and designing the king , why then did god , deut. . give a law to them to make such a man king , not such a man , if it was not in their free wil to have any action or hand in the making of a king at all ? but that some sonnes of belial would not accept him as their king , is expresly said , sam. . . and how did israel conspirc with absolom , to unking and dethrone david , whom the lord had made king ? if the prelate meane it was not arbitrary to them physically to reject saul , he speaketh wonders , the sonnes of belial did reject him ; ergo they had physicall power to doe it : if he meane it was not arbitrary , that is , it was not lawfull to them to reject him , that is true ; but doth it follow they had no hand nor action in making saul king , because it was not lawfull for them to make a king in a ●infull way , and to refuse him whom god chose to be king ? then see what i inferre . . then they had no hand in obeying him as king , because they sinne in obeying unlawfull commandements against gods law ; and so they had no hand in approving and consenting he should be king , the contrary whereof the p. prelate saith . . so might the p. prelate prove men are patientes , and have no action in violating all the commandements of god , because it is not lawfull to them to violate any one commandement . ( ) the lord deut. . vindicates this as proper and peculiar to himselfe to choose the person , and to choose saul . what then ? ergo now the people choosing a king have no power to choose or name a man , because god anoynted saul and david by immediate manifestation of his will to samuel ; this consequence is nothing , & also it followeth in no wise , that therefore the people made not saul king. . that the peoples approbation of a king is not necessary ▪ is bellarmines and papists saying , and that the people chose their ministers in the apostolick church , not by a necessity of a divine commandement , but to conciliate love betwixt pastor and people . papists hold that if the pope make a p●pish king the head and king of britaine against the peoples will , yet is he their king. . david was then king all the time that saul presecuted him ; he sinned truely in not discharging the duty of a king , onely because he wanted a ceremony , the peoples approbation , which the prelate saith is required to the solemnity and pompe , not to the necessity and truth , and essence of a formall king. so the kings coronation oath , and the peoples oath must be ceremonies ; and because the prelate is perjured himselfe , therefore perjury is but a ceremony also . . the enthronization of bishops is like the kinging of the pope ; the apostles must spare thrones , while they come to heaven , luk. . , . the p. prelates with their head the pope must be enthroned . . the hereditary king he maketh a king before his coronation , and his acts are as valid before as after his coronation ; it might cost him his head to say that the prince of wales is now no lesse king of britaine , and his acts , acts of kingly royalty , no lesse then our soveraigne is king of britaine , if lawes and parliaments had their owne vigour from royall authority . . i allow that kings be as high as god hath placed them , but that god said of all kings , i will make him my first borne , &c. psalm . , . which is true of solomon as the type , sam , . chro. . . sam. . . and fulfilled of christ , and by the holy ghost spoken of him , heb. . , . is blasphemous ; for god said not to nero , iulian , dioclesian , belshazer , evilmerodach , who were lawfull kings . i will make him my first borne ; and that any of these blasphemous idolatrous princes should cry to god , he is my father , my god , &c. is divinity well beseeming an excommunicated prelate . of the kings dignity above the kingdome i speake not now ; the prelate pulled it in by the haire , but hereafter we shall heare of it . p. prelate . god onely anoynted david , sam. . . the men of bethleem , yea samuel knew it not before . god saith , with mine holy oyle have i anoynted him , ps . . . . he is the lords anoynted . the oyle is gods , not from the apothecaries shop , nor the priests viall ; this oyle descended from the holy ghost ▪ who is no lesse the true olive , then christ is the true vine ; yet not the oyle of saving grace , as some fantasticks say , but holy , . from the author god. . from influence in the person , it maketh the person of the king sacred . . from influence on his charge , his function and power is sacred . ans . . the prelate said before davids anoynting was extraordinary ; here he draweth this anoynting to all kings . . let david be formally both constituted and designed king divers yeares before the states made him king at hebron , and then . saul was not king , the prelate will tearme that treason . . this was a dry oyle , david his person was not made sacred , nor his authority sacred by it ; for he remained a private man , and called saul his king , his master , and himselfe a subject . this oyle was no doubt gods oyle , and the prelate will have it the holy ghosts , yet he denieth that saving grace , yea ( p. . c. ) he denyeth that any supernaturall gift should be the foundation of royall dignity , and that it is a pernitious tenent . so to me he would have the oyle from heaven , and not from heaven . . this holy oyle wherewith david was annointed , psalme . . to a augustine , is the oyle of saving grace : his own deare brethren the papists say so , and especially b lyranus , c glossa ordinaria , d hugo cardinal , e his beloved bellarmine , f and lorinus , calvin , musculus , marlorat . if these be fanaticks ( as i think they are to the prelate ) yet the text is evident , that this oyle of god was the oyle of saving grace , bestowed on david , as on a speciall type of christ , who received the spirit above measure , and was the anointed of god , ps . . . whereby all his garments smell of myrrhe , aloes , and cassia , ver . . and his name messiah is as an oyntment powred out , cant. . . this anointed shall be head of his enemies . . his dominion shall be from the sea to the rivers , v. . . he is in the covenant of grace , v. . . he is higher then the kings of the earth . . the grace of perseverance is promised to his seed , v. , , . . his kingdome is eternall , as the dayes of heaven , vers . . . . if the prelate will look under himselfe to g diodatus , and h ainsworth , they say , this holy oyle was powred on david by samuel , and on christ was powred the holy ghost , and that by i warrant of scripture , and k junius , and l mollerus saith with them . now the prelate taketh the court way , to powre this oyle of grace on many drie princes , who without all doubt are kings essentially no lesse then david . he must see better then the man who finding pontius pilate in the creed , said , he behoved to be a good man : so because he hath found nero the tyrant , julian the apostate , nebuchadnezzar , evil-merodach , hazael , hagag , all the kings of spaine , and i doubt not , the great turke , in the psalm , v. , . so all these kings are anointed with the oyle of grace , and all these must make their enemies necks their footstoole ; all these be higher then the kings of the earth , and are hard and fast in the covenant of grace , &c. p. prelate . all the royall ensignes and acts of kings are ascribed to god. the crown is of god , esa . . . psal . . . in the emperours coyne was an hand putting a crowne on their head : the heathen said they were 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as holding their crownes from god ▪ psal . . . thou hast girt me with strength ( the sword is the embleme of strength ) unto battell . see iud. . . their scepter , gods scepter . exod. . , , . we read of two rods , moses and aarons ; aarons rod budded ; god made both the rods ; their judgement is the lords . chron. . . their throne is gods , chron. . . the fathers called them , sacra vestigia , sacra majestas ; their commandements , divalis jussio . the law saith , all their goods are res sacrae . , ergo , our new statists disgrace kings , if they blaspheme not god , in making them the derivatives of the people , the basest extract of the basest of irrationall creatures , the multitude , the communaltie . answ . this is all one argument from the prelates beginning of his booke to the end ; in a most speciall and eminent act of gods providence , kings are from god ; but therefore they are not from men , and mens consent : it followeth not . from a most speciall and eminent act of gods providence , christ came into the world , and tooke on him our nature : ergo , he came not of davids loynes . it is a vaine consequence . there could not be a more eminent act then this , psal . . a body thou hast given me ; ergo , he came not of davids house , and from adam by naturall generation , and was not a man like us in all things except sinne . it is tyrannicall and domineering logick . many things are ascribed to god only , by reason of a speciall and admirable act of providence : as the saving of the world by christ , the giving of canaan to israel , the bringing his people out of egypt , and from chaldea , the sending of the gospel to both iew & gentile , &c. but shall we say , that god did none of these things by the ministerie of men , and weake and fraile men ? . how proveth the prelate that all royall ensignes are ascribed to god , because esa . . the church universall shall be as a crown of glorie , and a royall diadem in the hand of the lord ; ergo , baculus in angulo , the church shall be as a seale on the heart of christ . what then ? hieronymus , procopius , cyrillus , with good reason render the meaning thus : thou o zion , and church , shalt be to me a royall priesthood , and a holy people . for that he speaketh of his owne kingdome and church , is most evident , v. . . for zions sake i will not hold my peace , &c. . god put a crown of pure gold on davids head , psal . . . therefore iulian , nero , and no elective kings , are made and designed to be kings by the people : he shall never prove this consequence . the a chaldee paraphrase applyeth it to the reigne of king messiah . b diodatus he speaketh of the kingdome of christ . c ainsworth maketh this crowne a signe of christs victorie . athanasius , eusebius , origen , augustine , dydimus , expound it of christ and his kingdome . the prelate extendeth it to all kings , as the blasphemous rabbines , especially ra. salomon , deny that he speaketh of christ here : but what more reason is there to expound this of the crownes of all kings given by god ( i deny not ) to nero , julian , &c. then to expound the foregoing and following verses as applyed to all kings ? did julian rejoyce in gods salvation ? did god grant nero his hearts desire ? did god grant ( as it is , v. . ) life eternall to heathen kings , as kings ? which words all interpreters expound of the eternitie of davids throne , till christ come , and of victorie and life eternall purchased by christ , as d ainsworth with good reason expounds it . and what though god give david a crown ; ergo , not by second causes , and by bowing all israels heart to come in sinceritie to hebron to make david king , king. . . god gave corne and wine to israel , hos . . shall the prelate and the anabaptist inferre ; ergo , he giveth it not by plowing , sowing , and the art of the husbahd-man ? . the heathen acknowledged a divinitie in kings ; but he is blind who readeth them , and seeth not in their writings , that they teach that the people maketh kings . . god girt david with strength , while he was a private man , and persecuted by saul , and fought with goliah , as the title of the same beareth ; and he made him a valiant man of warre to breake bowes of steele ; ergo , he giveth the sword to kings , as kings , and they receive no sword from the people . this is poore logick . . the p. prelate sendeth us judg. . . to the singular and extraordinarie power of god with gideon : and i say , that same power behoved to be in oreb and zeba , v. . for they were 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 princes , and such as the prelate from pro. . . saith , have no royall power from the people . . moses and aaron their two rods were miraculous . this will prove that priests are also gods , and their persons srcred . i see not ( except the prelate would be at worshipping of reliques ) what more royall divinitie is in moses his rod , because he wrought miracles by his rod , then there is in elias his staffe , in peters napkin , in pauls shadow . this is like the strong symbolicall theologie of his fathers the jesuites , which is not argumentative , except he say that moses as king of jesurum wrought miracles ; and why should not nero , caligula , pharoah , and all kings rods then dry up the red sea , and work miracles ? . we give all the stiles to kings that the fathets gave , and yet we thinke not , when david commandeth to kill vriah , and a king commandeth to murther his innocent subjects in england and scotland , that that is divalis jussio , the command of a god ; and that this is a good consequence , what ever the king commandeth , though it were to kill his loyallest subjects , is the commandement of god , ergo , the king is not made king by the people . . ergo , ( saith he ) these new statists disgrace the king. if a most new statist sprung out of a poore pursevant of kraill , from the dunghill to the court , could have made himselfe an old statist , and more expert in state affaires , then all the nobles and soundest lawyers in scotland and england , this might have more weight . . therefore the king ( saith p. p. ) is not the extract of the basest of rationall creatures . he meaneth , fex populi ▪ his owne house and linage ; but god calleth them his owne people , a royall priesthood , a chosen generation , and , ps . . . will warrant us to say the people is much worthier before god , then one man , seeing god choose david for iacob his people , and israel his inheritance , that he might feede them , iohn p. p. his fathers suffrage in making a king will never be sought . we make not the multitude , but the three estates including the nobles and gentry to be as rationall creatures , as any apostate prelate in the three kingdomes . quest . vii . whether or no the p. prelate the aforesaid auth●r doth by force of reason evince , that neither constitution nor designation of the king is from the people ? the p. prelate aymeth ( but it is an empty ayme ) to prove that the people are wholly excluded . i answer only arguments not pitched on before , as the prelate saith . p. prelate . . to whom can it be more proper to give the rule over men , then to him who is the onely king truely and properly of the whole world ? . god is the immediate author of all rule and power that is amongst all his creatures , above or below . . man before the fall received dominion , and empire over all the creatures below immediatly , as gen. . . gen. . . ergo we cannot deny that the most noble government ( to wit monarchy ) must be immediatly from god , without any contract or compact of men . ans . the first reason concludeth not what is in question ; for god only giveth rule and power to one man over another ; ergo he giveth it immediatly , it followeth not . . it shall as well prove that god doth immediatly constitute all iudges , and therefore it shall be unlawfull for a city to appoint a major , or a shire a iustice of peace . . the second argument is inconsequent also , because god in creation is the immediat author of all things , and therefore without consent of the creatures , or any act of the creature , created an angell a nobler creature then man , and a man then a woman , and men above beasts ; because those that are not , can exercise no act at all . but it followeth not ; ergo all the workes of providence , such as is the government of kingdomes are done immediatly by god , for in the workes of providence , for the most part in ordinary , god worketh by meanes ; it is then as good a consequence as this . god immediatly created man , ergo he keepeth his life immediatly also without foode and sleepe . god immediatly created the sunne , ergo god immediatly without the mediation of the sunne giveth light to the world . the making of a king is an act of reason , and god hath given a man reason to rule himselfe ; and therefore hath given to a society an instinct of reason , to appoint a governour over themselves , but no act of reason goeth before man be created ; ergo it is not in his power whether he be created a creature of greater power then a beast or no. . god by creation gave power to a man over the creatures , and so immediatly ; but i hope a man cannot say , god by creation hath made a man king over men . . the excellency of monarchy ( if it be excellenter then any other government , of which hereafter ) is no ground why it should be immediatly from god , as well as mans dominion over the creature ; for then the worke of mans redemption being more excellent then the ray●ing of lazarus , should have been done immediatly without the incarnation , death and satisfaction of christ ( for no act of god without himselfe is comparable to the worke of redemption , pet. . , . col. . , , , , . ) and gods lesse excellent workes , as his creating of beasts and wormes should have been done mediatly , and his creating of man immediatly . p. p. they who execute the judgement of god , must needs have the power to judge from god. but kings are deputies in the exercises of the iudgements of god , ergo , the proposition is proved . how is it imaginable that god reconcileth the world by ministers , and saveth man by them , ●or . . tim. . . except they receive a power so to doe from god ? the assumption is , deut. . . chro. . . let none say moses and iehosaphat speake of inferiour iudges , for that which the king doth to others , he doth by himselfe ; also . the execution of the kingly power is from god , for the king is the servant , angell , legat , minister of god , rom. . , . god properly and primarily is king , and king of kings and lord of lords , . tim. . . rev. . . . . . . all kings related to him , are kings equivocally , and in resemblance , and he the only king. ans . that which is in question is never concluded ; to wit , that the king is both immediatly constituted and designed king , by god onely , and not by the mediation of the people ▪ for when god reconcileth and saveth men by pastors , he saveth them by the intervening action of men , so he scourgeth his people by men , as by his sword , psal . . . and hand , staffe , and rod , esay ▪ . his hammer . doth it follow that god onely doth immediatly scourge his people , and that wicked men have no more hand and action in scourging his people , then the prelate saith the people have an hand in making a king ? and that is no hand at all , by the prelates way . . we may borrow the prelates argument : inferiour iudges execute the judgement of the lord , and not the judgement of the king ; ergo , by the prelates argument , god doth only by immediate power execute judgement in them , and the inferiour iudges are not gods ministers executing the judgement of the lord. but the conclusion is against all truth , and so must the prelates argument be . and that inferiour iudges are the immediate substitutes and deputies of god , is hence proved , and shall be hereafter made good , if god will. . god is properly king of kings , so is god properly causa causarum , the cause of causes , the life of lifes , the joy of joyes . what , shall it then follow , that he worketh nothing in the creatures by their mediation , as causes ? because god is light of lights , doth he not enlighten the earth and aire by the mediation of the sun ? then god communicateth not life mediately by generation , he causeth not his saints to rejoyce with joy unspeakable and glorious , by the intervening mediation of the word . these are vaine consequences . soueraignty , and all power and virtue is in god infinitely : and what vertue and power of action is in the creatures , as they are compared with god , are in the creatures equivocally and in resemblance , and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in opinion , rather then really . hence it must follow , . that second causes worke none at all , no more then the people hath a hand or action in making the king , and that is no hand at all , as the prelate saith , and god only and immediately worketh all workes in the creatures , because both the power of working and actuall working commeth from god , and the creatures in all their working , are gods instruments : and if the prelate argue so frequently from power given of god , to prove that actuall reigning is from god immediately , deut. . . the lord giveth the power , to get wealth : will it follow that israel getteth no riches at all , or that god doth not mediately by them and their in dustrie get them ? i thinke not . p. prelate . . to whom can it be due to give the kingly office , but to him only who is able to give the indument and abilitie for the office ? now god only and immediately giveth abilitie to be a king , as the sacramentall anointing proveth , josh . . . othniel is the first judge after joshua ; and it is said , and the spirit of the lord came upon him , and and he judged israel ; the like is said of saul and david . ans . god gave royall indowments immediatly , ergo he immediatly now maketh the king. it followeth not , for the species of government is not that which formally constituteth a king , for then nero , caligula , iulian should not have been kings , and those who come to the crowne by conquest and blood , are essentially kings , as the prelate saith ; but be all these othniels , upon whom the spirit of the lord commeth ? then they are not essentially kings who are babes and children , and foolish and destitute of the royall endowments , but it is one thing to have a royall gift , and another thing to be formally called to the kingdome , david had royall gifts after samuel anoynted him , but if you make him king , before sauls death , saul was both a traytor all the time that he persecuted david , and so no king , and also king and gods anoynted , as david acknowledgeth him ; and therefore that spirit that came on david , and saul , maketh nothing against the peoples election of a king , as the spirit of god is given to pastors under the new testament , as christ promised ; but it will not follow that the designation of the man who is to be pastor , should not be from the church and from men , as the prelate denyeth that either the constitution or designation of the king is from the people , but from god onely . . i beleeve the infusion of the spirit of god upon the iudges will not prove that kings are now both constituted and designed of god solely , onely , and immediatly ; for the iudges were indeed immediatly and for the most part extraordinarily raised up of god , and god indeed in the time of the iewes was the king of israel in another manner then he was the king of all the nations , and is the king of christian realmes now , and therefore the peoples despising of samuel , was a refusing that god should reigne over them , because god in the iudges revealed himselfe even in matters of policy , as what should be done to the man that gathered sticks on the sabbath day , and the like , as he doth not now to kings . p. prelate . soveraigntie is a ray of divine glory and majestie : but this cannot be found in people , whether you consider them joyntly , or singly ; if you consider them singly , it cannot be in every individuall man ; for sectaries say , that all are born equall with a like freedom : and if it be not in the people singly , it cannot be in them joyntly ; for all the contribution in this compact and contract which they fancie to be humane composition , and voluntary constitution , is onely , by a surrender of the native right that every one had in himself ; from whence then can this majestie and authoritie be derived ? again , where the obligation amongst equals is by contract and compact , violation of the faith , plighted in the contract , cannot in proper termes , be called disobedience , or contempt of authoritie ▪ it is no more but a receding from , and a violation of that which was promised , as it may be in states or counties confederate . nature , reason , conscience , scripture , teach , that disobedience to soveraign power is not onely a violation of truth , breach of covenant , but also high disobedience and contempt , as is clear , sam. . . so when saul , chap. . sent a yoak of oxen , hewed in pieces , to all the tribes , the fear of the lord fell on the people , and they came out with one consent , sam. . . so job . . he looseth the bonds of kings , that is , he looseth their authoritie , and bringeth them in contempt ; and he girdeth there loyns with a girdle , that is , he strengthneth their authoritie , and maketh the people to reverence them . heathens observe , that there 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 some divine thing in kings . prophane histories say , that this was so eminent in alexander the great , that it was a terrour to his enemies , and a powerfull loadstone to draw men to compose the most seditious counsels , and cause his most experienced commanders , embrace , and obey his counsel , and command . some stories write , that upon some great exigence , there was some resplendent majestic in the eyes of scipio . this kept pharoah from lifting his hand against moses , who charged him so boldly with his sins . when moses did speak with god , face to face in the mount , this resplendent glory of majestie so awed the people , that they durst not behold his glory , exod. . this repressed the fury of the people enraged against gideon from destroying their idol , judg. . and the fear of man is naturally upon all living creatures below , gen. . so what can this reverence , which is innate in the hearts of all subjects toward their soveraigns be , but the ordinance unrepealable of god , and the naturall effect of that majestie of princes , with which they are endowed with from above ? ans . . i never heard any shadow of reason while now , and yet ( because the lie hath a latitude ) here is but a shadow , which the prelate stole from m. antonius de dominis archiepisc . spalatensis , and i may say confidently , this plagiarius hath not one line in his booke which is not stollen ; and for the present spalato his argument is but spilt , and the nerves cut from it , while it is both bleeding and famed . let the reader compare them , and i pawn my credit he hath ignorantly clipped spalato : but i answer , . soveraigntie is a beam and ray ( as spalato saith ) of divine majestie , and is not either formally or virtually in the people . so he . it is false , that it is not virtually in the people : for there be two things in the iudge , either inferior or supream ( for the argument holdeth in the majestie of a parliament , as we shall hear ) . the gift or grace of governing ( the arminian prelate will offend at this . ) . the authority of governing : . the gift is supernaturall , and is not in man naturally , and so not in the king ; for he is physically but a mortall man , and this is a gift received ; for salomon asked it by prayer from god. there is a capacitie passive in all individuall men for it : as for the officiall authoritie it self , it is virtually in all , in whom any of gods image is remaining , since the fall , as is clear ; as may be gathered from , gen. . . yea , the father , the master , the judge , have it by gods institution in some measure , over son , servant , and subject , though it be more in the supreme ruler ▪ and for our purpose , it is not requisite that authoritative majestie should be in all . ( what is in the father and husband , i hope to clear ) i mean , it needeth not to be formally in all , and so all are born alike and equall : but he who is a papist , a socinian , an arminian , and therefore delivered to satan by his mother church , must be the sectarie , for we are where this prelate left us , maintainers of the protestant religion , continued in the confession of faith , and nationall covenant of scotland , when this demas forsook us , and embraced the world. . though not on single man in israel be a judge , or king by nature , nor have in them formally any ray of royaltie , or of magistraticall authoritie ; yet it followeth not , that israel parliamentarily convened , hath no such authoritie , as to make saul king in mizpah , and david king in hebron , sam. . , . chro. . , . chap. . , . one man alone hath not the keyes of the kingdom of heaven , ( as the prelate dreameth ) but it followeth not , that many convened in a church way , hath not this power , matth. . . cor. . , , , . one man hath not strength to fight against an army of ten thousand : doth it follow ? ergo , an army of twenty thousand hath not strength to fight against these ten thousand : so one paul cannot synodically determine the question , acts . it followeth not ; ergo , the apostles , and elders , and brethren , convened from divers churches , hath not power to determine it in a lawfull synod : and therefore , from a disjoyned and scattered power , no man can argue to a united power : so not any one man is an inferiour ruler , or hath the rayes and beams of a number of aristocraticall rulers : but it followeth not . ergo , all these men combined in a citie , or societie , have not power in a joynt politicall body , to chose inferiour or aristocraticall rulers . . the p. prelates reason is nothing . all the contribution ( saith he ) in the compact body to make a king , is onely by a surrender of the native right of every single man , ( the whole being onely a voluntary constitution . ) how then can there be any majestie derived from them ? i answer . very well . for the surrender is so voluntary , that it is also naturall , and founded on the law of nature , that men must have governours , either many , or one supreme ruler : and it is voluntary , and dependeth on a positive institution of god , whether the government be by one supreme ruler , as in a monarchie , or in many , as in an aristocracie , according as the necessitie and temper of the common-wealth do most require . this constitution is so voluntary , as it hath below it , the law of nature for its generall foundation ; and above it , the supervenient institution of god , ordaining , that there should be such magistrates , both kings , and other iudges , because without such , all humane societies should be dissolved . . individuall persons in creating a magistrate , doth not properly surrender their right , which can be called a right ; for they do but surrender their power of doing violence to these of their fellows in that same communitie ; so as they shall not now have morall power to do injuries without punishment ; and this is not right or libertie properly , but servitude : for a power to do violence and injuries , is not liberty , but servitude and bondage . but the prelate talketh of royaltie , as of meer tyranny , as if i● were a proper dominion , and servile empire , that the prince hath over his people , and not more paternall and fatherly , then lordly , or masterly . . he saith , violation of faith plighted in a contract amongst equals , cannot be called disobedience , but disobedience to the authoritie of the soveraign is not onely breach of covenant ; but high disobedience and contempt . but violation of faith amongst equals , as equals , is not properly disobedience ; for disobedience is betwixt a superiour and an inferiour : but violation of faith amongst equals , when they make one of their equals their iudge and ruler , is not onely violation of truth , but also disobedience . all israel and saul while he is a private man seeking his fathers asses , are equals by covenant obliged one to another ; and so any injury done by israel to saul in that case , is not disobedience , but onely violation of ●aith ; but when all israel maketh saul their king , and sweareth to him obedience , he is not now their equall , and an injury done to him now , is both a violation of their faith , and high disobedience also . suppose a citie of aldermen , all equall amongst themselves indignitie and place , take one of their number , and make him their major and provost ; a wrong done to him now , is not onely against the rules of fraternitie , but disobedience to one placed by god in authoritie over them . . sam. . . the fear of the lord fell on the people , and they came out with one consent to obey saul . ergo , god hath placed authority in kings , which is not in people : it is true , because god hath transferred the scattered authorities that are in all the people , in one masse ; and by vertue of his own ordinance , hath placed them in one man who is king. what followeth ? ergo , god conferreth this authoritie immediately upon the king , without the mediation of any action of the people ; yea , the contrary rather followeth . . god looseth the bond of kings ; that is , when god is to cast off kings , he causeth them to lose all authoritie , and maketh them come in contempt with the people . but what doth this prove ? that god taketh away the majestie and authority of kings immediately ; and therefore god gave to kings this authoritie immediately , without the peoples conveiance ? yea , i take the prelates weapon from him . god doth not take the authority of the king from him immediately , but mediately by the people their hating and dispising him , when they ●ee his wickednesse , as the people see nero a monster , a prodigeous blood-sucker ; upon this , all the people contemn him , and dispise him , and so the majesty is taken from nero , and all his mandates and laws , when they see him trample upon all laws divine and humane ; and that mediately by the peoples heart , dispising of his majestie , and so they repeat and take again that aw-some authoritie , that they once gave him : and this proveth , that god gave him the authoritie mediately , by the consent of man. . nor speaketh he of kings onely , but vers . . he powreth contempt 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 super munificos . pineda . aria . mont. super principes . upon nobles and great men . and this place may prove , that no iudges of the earth are made by men . . the heathen say , that there is some divinity in princes , as in alexander the great , toward his enemies , and scipio : but this will prove , that princes and kings have a superiority over those who are not their native subjects ; for something of god is in them , in relation to all men , that are not their subjects . if this be a ground , strong and good , because god onely , and independently from men , taketh away this majestie ; as god onely , and independently giveth it , then a king is sacred to all men , subjects , or not subjects ; then it is unlawfull to make war against any forraign king and prince , for in invading him , or resisting him , you resist that divine majestie of god , that is in him ; then you may not lawfully flee from a tyrant , no more then you may lawfully flie from god. . scipio was not a king. ergo , this divine majestie is in all iudges of the earth , in a more or lesse measure . ergo , god onely and immediately , may take this spark of divine majestie from inferiour iudges : it followeth not . and kings certainly cannot infuse any sparkle of a divine majestie , on any inferiour iudges ; for god onely , immediately infuseth it in men . ergo , it is unlawfull for kings to take this divinitie from iudges , for they resist god , who resist parliaments , no lesse then those who resist kings . scipio hath divinity in him , as well as cesar , and that immediately from god , and not from any king. . moses was not a king when he went to pharaoh , for he had not as yet a people ; pharaoh was the king , and because pharaoh was a king , the divines of oxford must say , his majestie must not , in words of rebuke , be resisted , more then by deeds . . moses his face did shine as a prophet receiving the law from god , not as a king : and is this sunshine of heaven upon the face of nero , and julian ? it must be , if it be a beam of royall majestie , if this pratler say right , but cor. . . this was a majestie typicall , which did adumbrate the glory of the law of god , and is far from being a royaltie due to all heathen kings . . i would our king would evidence such a majestie in breaking the images and idols of his queen , and of papists about him . . the fear of noah , and the regenerated , who are in covenant with the beasts of the field , job . . . is upon the beasts of the earth , not by any approbation only , as the people maketh kings , by the prelates way ; nor yet by free consent , as the people freely transfer their power to him , who is king. the creatures inferiour to man , have by no act of freewill , chosen man to be their ruler , and transferred their power to him , because they are by nature inferiour to man , and god by nature hath subjected the creatures to man , gen. . . and so this proveth not , that the king by nature is above the people , i mean the man who is king ; and therefore though god had planted in the hearts of all subjects , a fear and reverence toward the king ; upon supposall , that they have made him king : it followeth not , that this authoritie and majestie , is immediately given by god to the man who is king , without the interveening consent of the people ; for there is a native feare in the scholler to stand in awe of his teacher , and yet the scholler may willingly give himselfe to be a disciple to his teacher , and so give his teacher power over him . citizens naturally feare their supreame governour of the city , yet they give to the man who is their supream governour , that power and authority which is the ground of awe and reverence . a servant naturally feareth his master , yet often he giveth his liberty , and resigneth it up voluntarily to his master , and this was not unordinary amongst the iewes , where the servant did intirely love the master , and is most ordinary now when servants doe for hyre , tye themselves to such a master ; and souldiers naturally feare their commanders , yet they may , and often doe , by voluntary consent make such men their commanders ; and therefore from this it followeth no way , that the governour of a city , the teacher , the master , the commander in war have not their power and authority only and immediatly from god , but from their inferiours , who by their free consent appointed them for such places . p. prelate . this seemeth , or rather is an unanswerable argument , no man hath power of life and death , but the soveraign power of life and death ; to wit god , gen. . . god saith thrice he will require the blood of man at the hands of man , and this power god hath committed to gods deputy , who so sheddeth mans blood 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 by man shall die , by the king , for the world knew not any kind of goverment at this time , but monarchiall ; and this monarch was noah ; and if this power be from god , why not all soveraigne power ? seeing it is homogeneous , and as ●●rists say in indivisibili posita , a thing in its nature indivisible , and that cannot be distracted , or impaired , and if every man had the power of life and death , god should not be the god of order . the p. prelate taketh the paines to prove out of the text that a magistracy is established in the text . ans . . let us consider this unanswerable argument , . it is grounded upon a lye , and a conjecture never taught by any but himselfe ; to wit , that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 by , or in , or through man , must signifie a magistrate . . and a king onely . . this king was noah , never interpreter ; nay not common sence can say , that no magistrate is here understood but a king ; the consequence is vaine , his blood shall be shed by man , ergo by a magistrate , it followeth not , ergo by a king , it followeth not : there was not a king in the world yet as ; some make belus the father of ninus the first king , and the builder of babylon , this ninus is thought the first builder of the city , after called ninivie , and the first king of the assyrians , so saith a quintus curtius and others ; but grave authors beleeve that nimrod was no other then belus the father of ninus , so saith b augustin , c hierome , d eusebius , e hieronym . and f eusebius maketh him the first founder of babylon : so saith g clemens , i pirerius ; and iosephus saith the same . . their times , . their cruell natures are the same . k calvin saith , noah yet lived while nimrod lived : and the scripture saith , nimrod began to reigne , and be powerfull on the earth . and babel was 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the beginning of his kingdome . no writer , moses nor any other can shew us a king before nimrod . so l eusebius , m paul. orosius , n hieronym . o iosephus say that he was the first king. and p tostatus abulens . and our own q calvin , r luther , s musculus on the place , and t ainsworth , make him the first king , and the founder of babylon . how noah was a king , or there was any monarchicall government in the world then , the prelate hath alone dreamed it : there was but familie-government before this . . and if there bee a magistracie heere established by god , there is no warrant to say it is onely a monarchie : for if the holy ghost intendeth a policie : it is a policie to be established to the worlds end , and not to bee limited ( as the p. prelate doth ) to noahs dayes : all interpreters upon good ground establish the same policie that our saviour speaketh of , when he saith , he shall perish by the sword , who taketh the sword , matth. . . so the netherlands have no lawfull magistrate , who have power of life and death , because their government is aristocraticall , and they have no king. so all acts of taking away the lives of ill-doers , shall be acts of homicide in holland : how absurd ? . nor doe i see how the place in the native scope doth establish a magistracie . ( s ) calvin saith not so : & interpreters deduce by consequence the power of the magistrate from this place . but the text is generall : he who killeth man , shall be killed by man : either he shall fall into the magistrates hand , or into the hand of some murtherer : so calvin , ( t ) marlorat . and he speaketh ( saith ( w ) pirerius ) not of the fact and event it selfe , but of the deserving of murtherers ; and it 's certaine , all murtherers fall not into the magistrates hands ; but he saith , by gods and ma●s laws . ergo , they ought to dye , though sometime one murtherer killeth another . . the soveraign power is given to the king , ergo , it is given to him immediately without the consent of the people . it followeth not . . power of life and death is not given to the king only , but also to other magistrates , yea , and to a single private man in the just defence of his own life . other arguments are but what the prelate hath said already . quest . viii . whether the prelate proveth by force of reason , that the people cannot be capable of any power of government ? p. prelate . god and nature giveth no power in vain , and which may not be reduced into action ; but an active power , or a power of actuall governing , was never acted by the communitie ; therefore this power cannot be seated in the communitie as in the prime and proper subject ; and it cannot be in every individuall person of a communitie , because government intrinsecally and essentially includeth a specified distinction of governours , and some to be governed ; and to speak properly , there can no other power be conceived in the communitie naturally and properly , but only potestas passiva regiminis , a capacitie or susceptabilitie to be governed , by one or by moe , just as the first matter desireth a forme . this obligeth all , by the dictate of natures law , to submit to actuall government : and as it is in every individuall person , it is not meerly and properly voluntary , because howsoever nature dictates , that government is necessary for the safety of the society , yet every singular person , by corruption and selfe-love , hath a naturall aversenesse and repugnancie to submit to any ; every man would be a king himselfe : this universall desire , app●titus universalis aut naturalis , or universall propension to government , is like the act of the understanding assenting to the first undeniable principles of truth , and to the wills generall propension to happines in generall , which propension is not a free act , except our new statists , as they have changed their faith , so they overturne true reason , it will puzzle them infinitely to make any thing in its kinde passive , really active and collative of positive acts and effects . all know , no man can give what he hath not : an old philosopher would laugh at him who would say , that a matter perfected and actuated by union , with a forme , could at pleasure shake off its forme , and marrie it selfe to another : they may as well say , every wife hath power to resume her freedome , and marrie another , as that any such power active is in the communitie , or any power to cast off monarchie . ans . the p. prelate might have thanked spalato for this argument , but he doth not so much as cite him , for feare his theft be deprehended , but spalato hath it set downe with stronger nerves , then the prelates head was able to copie out of him . but a iac ▪ de almain , and b navarrus , with the parision doctors said in the concell of paris , that politick power is immediately from god , but first from the community ; but so , that the community apply their power to this o● that government , not of liberty , but by naturall necessity , but spalato and the plagiarie prelate doe both looke beside the booke . the question is not now concerning the vis rectiva the power of governing in the people , but concerning the power of government , for these two dister much , the former is a power of ruling and monarchicall commanding of themselves , this power is not formally in the people , but only vertually ; and no reason can say , that a vertuall power is idle , because it cannot be actuated by that same subject that it is in , for then it should not be a vertuall , but a formall power . doe not philosophers say such a hearb vertually maketh hot ▪ and can the sottish prelate say , this vertuall power is idle , and ●…vaine given of god , because it doth not formally heate your hand when you touch it . . the p. prelate who is excommunicated for popery , socinianisme , arminianisme , and is now turned apostate to christ , and his church must have changed his faith ▪ not we , and be reasonlesly ignorant to presse that axiome , that the power is idle that cannot be reduced to acts ; for a generative power is given to living and sensitive creatures , this power is not idle though it be not reduced in act , by all and every individuall sensitive creature . a power of seeing is given to all who naturally doe , or ought to see , yet it is not an idle power , because divers are blind , seeing it is put forth in action in divers of the kind ; so this power in the community is not idle , because it is not put forth in acts in the people , in which it is vertually , and is put forth in action in some of them , whom they choose to be their governours ; nor is it reasonable to say that it should be put forth in action by all the people , as if all should be kings and governours . but the question is not of the power of governing in the people , but of the power of government , that is , of the power of making governours and kings , and the community doth put forth in act this power , as a free , voluntary , and active power , for . a community transplanted to india or any place of the world , not before inhabited have a perfect liberty to choose either a monarchy , or a democracy , or an aristocracy ; for though nature incline them to government in generall , yet are they not naturally determinated to any one of those three , more than another . . israel did of their free will choose the change of government , and would have a king , as the nations had , ergo they had free will , and so an active power so to doe , and not a a passive inclination only to be governed , such as spalato saith agreeth to the first matter , , royalists teach that a people under democracy , or aristocracy have liberty to choose a king , and the romanes did this , ergo they had an active power to do it , ergo the prelates simile crookes , the matter at its pleasure cannot shake off its forme , nor the wife cast off her husband being once married ; but barclaius , grotius , arnisaens , blackwood , and all the royalists teach that the people under any of these two formes of democracy or aristocracy , may resume their power , and cast off these formes and choose a monarch , and if monarchy be the best government as royalists say , they may chose the best , and is this but a passive capacity to be governed ? . of ten men fit for a kingdome they may designe one , and put the crowne on his head , and refuse the other nine , and israel crowned solomon and refused adoniah . is this not a voluntary action , proceeding from a free active , elective power ? it will puzzle the pretended prelate to deny this , that which the community doth freely , they doe not from such a passive capacity , as is in the first matter , in regard of the forme . . it is true that people through corruption of nature are averse to submit to governours , for conscience sake , and as to the lord , because the naturall man remaining in the state of nature can doe nothing that is truely good , but it is false that men have no active morall power to submit to superiours , but only a passive capacity to be governed , he quite contradicteth himselfe , for he said before , c. . pag. . that there is an innate feare and reverence in the hearts of all men naturally , even in heathen toward their severaign ; yea as we have a naturall morall active power to love our parents and superiours ( though it be not evangelically , or legally in gods court , good ) and so to obey their commandements , only we are averse to penall lawes of superiours ; but this proveth no way , that we have only by nature , a passive capacity to government ; for heathens have by instinct of nature both made lawes morally good , submitted to them , set kings and iudges over them ; which clearely proveth that men have an active power of government by nature . . yea , what difference maketh the prelate betwixt men and beasts , for beasts have a capacity to be governed , even lyons and tigers ; but here is the matter , if men have any naturall power of government , the p. prelate would have it with his brethren iesuites and arminians to be not naturall , but done by the helpe of universall grace , for so doe they confound nature and grace . but it is certaine our power to submit to rulers and kings as to rectors , and guides and fathers , is naturall , to submit to tyrants in doing ills of sinne , is naturall , but in suffering ills of punishment it s not naturall . . no man can give that which he hath not , is true , but that people have no power to make their governours , is that which is in question , and denyed by us . . this argument doth prove that people hath no power to appoint aristocraticall rulers more then kings , and so the aristocraticall and democraticall rulers are all inviolable and sacred , as the king. . by this the people may not resume their freedome if they turne tyrants and oppressors ; this the prelate shall deny , for he averreth , p. . out of augustine , that the people may without sin change a corrupt democracy into a monarchy . p. prelate . if soveraignty be originally inherent in the people , then democracy , or government by the people , were the best government , because it commeth nearest to the fountaine and streame of the first and radicall power in the people , yea and all other formes of government were unlawfull ; and if soveraignty be natively inherent in the multitude , it must be proper to every individuall of the community , which is against that false maxime of theirs , quisque nascitur liber , every one by nature is borne a free man , and the posterity of those who first contracted with their elected king , are not bound to that couenant , but upon their native rest and liberty , may appoint another king without breach of covenant . the posterity of ioshua , and the elders in their time , who contracted with the gibeonites to incorporate them , though in a serving condition , might have made their fathers government nothing . ans . the p. prelate might thanke spalato for this argument also , for it is stollen , but he never once nameth his name , lest his theift should be deprehended ; so are his other arguments stollen from spalato , but the prelate weakeneth them , and it is seene , stollen goods are not blessed . spalato saith then , by the law of nature every common-wealth should be governed by the people , and by the law of nature , the people should be under the badest government ▪ but this consequence is nothing ; for community of many families is formally and of themselves under no government , but may choose any of the three , for popular government is not that wherein all the people are rulers , for this is confusion , no government , because all are rulers , and none are governed and ruled ; but in popular government many are chosen out of the people to rule , and that this is the worst government , is said gratis , without warrant , and if monarchy be the best of it selfe , yet when men are in the state of sin , in some other respects , it hath many inconveniences . . i see not how democracie is best , because neerest to the multitudes power of making a king ; for if all the three depend upon the free will of the people , all are alike a far off , and alike neer hand , to the peoples free choice , according as they see most conducible for the safety and protection of the common-wealth : and seeing the forms of government are no more naturall , then politick incorporations of cities , yea , then of shires : but from a positive institution of god who erecteth this form , rather then this , not immediately now , but mediately by the free will of men ; not one cometh formally , and e● naturâ rei , neerer to the fountain then another , except that materially democracie may come neerer to the peoples power , then monarchie , but the excellencie of it above monarchie , is not hence concluded ; for by this reason , the number of four should be more excellent then the number of five , of ten , of an hundreth , of a thousand , or of millions , because four cometh neer to the number of three , which aristotle calleth the first perfit number , cui additur 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 of which yet formally all doe alike share in the nature and essence of number . . it is denied , that it followeth from this antecedent , the people have power to chose their own governours . ergo , all governments , except democracie , or government by the people , must be sinfull and unlawfull . . because government by kings is of divine institution , and of other iudges also , as is evident by gods word , rom. . , , . deut. . . prov. . , . pet. . , . psal . . , , &c. . power of chosing any form of government , is in the people : ergo , there is no government lawfull , but popular government ; it followeth no wayes , but presupposeth that power to chose any form of government , must be formally actuall government , which is most false , yea , they be contrary , as the prevalency or power , and the act are contrary , so these two are contrary , or opposite ; neither is soveraigntie , nor any government formally inherent in either the communitie , by nature , nor in any one particular man , by nature ; and that every man is born free , so as no man , rather then his brother , is born a king and ruler , i hope , god willing to make good , so as the prclate shall never answer on the contrary . . it followeth not , that the posteritie living , when their fathers made a covenant with their first elected king , may without any breach of covenant on the kings part , make voyd and null their fathers election of a king , and chose another king , because the lawfull covenant of the fathers in point of government , if it be not broken , tieth the children ; but it cannot deprive them of their lawfull libertie naturally inherent in them to chose the fittest man to be king : but of this hereafter more fully . . spalato addeth , ( the prelate is not a faithfull theef ) if the communitie by the law of nature , have power of all forms of government , and so should be , by nature , under popular government , and yet should refuse a monarchy , and an aristocracie ; yet augustine addeth , if the people should preferre their own private gain to the publike good , and sell the common-wealth , then some good man might take their libertie from them , and against their will er●ct a monarchie , or an aristocracie : but . the prelate and augustine , supposeth the people to be under popular government ; this is not our case , for spalato and the prelate presupposeth by our grounds , that the people by nature , must be under popular government ; augustine dreameth no such thing , and we deny that by nature , they are under any form of government . . augustine in a case most considerable , thinketh one good , and potent man , may take the corrupt peoples power of giving honours , and making rulers from them , and give it to some good men , few , or many , or to one ; then augustine layeth done as a ground , that which spalato and the prelate denieth , that the people hath power to appoint their own rulers ; otherwayes , how could one good man take that power from them ? and the prelates fifth argument , is but a branch of the fourth argument , and is answered already . p. prelate , chap. . he would prove , that kings of the peoples making , are not blessed of god. the first creature of the peoples making , was abimelech , iudg. . . who reigned onely three yeers , well neer anti-christs time of endurance ; he came to it by blood , and an evil spirit rose betwixt him , and the men of sechem , and he made a miserable end . the next was ieroboam , who had this motto , he made israel to sin , the people made him king , and he made the same pretence of a glorious reformation , that our reformers now make , new calves , new altars , new feasts are erected ; they banish the levites , and take in the scum and drosse of the vulgar , &c. . every action of christ , is our instruction ; christ was truely a born king , notwithstanding , when the people would make him a king , he disclaimed it , he would not be an arbiter betwixt two brethren differing . answ . i am not to follow the prelates order every way , though god willing , i shall reach him in the fore-going chapters . nor purpose i to answer his treasonable railing against his own nation , and the iudges of the land , whom god hath set over this seditious excommunicated apostate . he layeth to us frequently the iesuites tenets , when as he is known himself to be a papist : in this argument he faith , abim●lech did reigne onely three yeers , well neer anti-christs reign : is not this the basis , and the mother principle of popery , that the pope is not the antichrist ? for the pope hath continued many ages . . he is not an individuall man , but a race of men , but the antichrist , saith belarmine , stapleton , becanus , and the nation of iesuites , and poplings , shall be one inviduall man , a born iaw , and shall reign onely three yeers and a half . but . the argument from successe , proveth nothing , except the prelate prove their bad successe to be from this , because they were chosen of the people . when as saul chosen of god , and most of the kings of israel and judah , who undeniably , had gods cal●ing to the crown , were not blessed of god , and their government was a ruine to ●oth people and religion , as the people were removed to all the kingdoms of the earth , for the sins of manass●h , iere. . . was therefore manasseh not lawfully called to the crown ? . for his instance of kings unlawfully called to the crown , he bringeth us , whole two , and telleth us , that he doubteth as many learned men do , whether ieroboam was a king by permission onely , or by a commission from god. . abimelech was cursed , because he wanted gods calling to the throne , for then israel had no king , but iudges extraordinarily raised up by god , and god did not raise him at all , only he came to the throne by blood , and carnall reasons moving the men of sechem to advance him : the argument presupposeth , that the whole lawfull calling of a king , is the voices of the people ; this we never taught , though the prelate make conquest a just title to a crown , and it is but a title of blood and rapine . . abimelech was not the first king , but onely a iudge ; all our divines with the word of god maketh saul the first king. . for ieroboam he had gods word and promise to be king , king. . , , , . but in my weak judgement he waited not gods time , and way of coming to the crown ; but that his coming to the throne was unlawfull , because he came by the peoples election , is in question . . that the peoples reformation , and their making a new king , was like the kingdom of scotlands reformation , and the parliament of englands way now , is a traiterous calumny . for . it condemneth the king , who hath in parliament declared all their proceedings to be legall . rehoboam never declared ieroboams coronation to be lawfull , but contrary to gods word made war against israel . . it is false that israel pretended religion in that change , the cause was the rough answer given to the supplication of the estates , complaining of their oppression , they were under in solomons reign . . religion is still subjected to policie by prelates and caveliers , not by us in scotland , who sought nothing but reformation of religion , of laws , so far as they serve religion , as our supplications , declarations , and the event proveth . . we have no new calves , new altars , new feasts , but professe , and really do hazard life and estate , to put away the prelates calves , images , tree-worship , altar-worship , saints feast-dayes , idolatry , masses ; and nothing is said here but jesuites , and cananites , and baalites , might say , ( though salsly ) against the reformation of iosiah : trueth and purity of worship this yeer , is new in relation to idolatry the last yeer , but it is simpliciter older . . we have not put away the lords priests , and levites , and taken in the scum of the vulgar , but have put away baals priests , such as excommunicated prelate maxwel , and other apostates , and resumed the faithfull servants of god , who were deprived and banished , for standing to the protestant faith sworn too , by the prelates themselves . . every action of christ , such as his walking on the sea , is not our instruction in that sense , that christs refusing a kingdom , is directly our instruction : and did christ refuse to be a king , because the people would have made him a king ? that is , non causa pro causa ; he refused it , because his kingdom was not in this world , and he came to suffer for men , not to reign over man. . the prelate and others who were lords of session , and would be iudges of mens inheritances , and would usurpe the sword by being lords of counsell , and parliament , have refused to be instructed by every action of christ , who would not judge betwixt brother and brother . p. prelate . jephtah came to be a iudge by covenant , betwixt him and the gileadites ; here you have an interposed act of man , yet the lord himself in authorizing him as iudge , vindicateth it no lesse to himself , then when extraordinarily he authorized gideon and samuel , sam. . . ergo , whatsoever act of man interveeneth , it contributeth nothing to royall authority , it cannot weaken or repeal it . answ . it was as extraordinary that jepthah a bastard , and the sonne of an harlot , should be iudge , as that gideon should be iudge . god vindicateth to himselfe , that he giveth his people favour in the eyes of their enemies ; but doth it follow , that the enemies are not agents , and to be commended for their humanitie in favouring the people of god ? so psal . . , . god maketh corne to grow ; therefore clouds , and earth , and sun , and summer , and husbandry contributeth nothing to the growing of corne . but this is but that which he said before . we grant that this is an eminent and singular act of gods speciall providence , that he moveth and boweth the wills of a great multitude to promote such a man , who by nature commeth no more out of the wombe a crowned king , then the poorest shepherd in the land : and it is an act of grace to endue him with heroick and royall parts for the government . but what is all this ? doth it exclude the peoples consent ? in no wayes . so the works of supernaturall grace , as to love christ above all things , to beleeve in christ in a singular manner , are ascribed to the rich grace of god : but can the prelate say , that the understanding and will in these acts are meere patients , and contribute no more then the people contributeth to royall authority in the king , and that is just nothing , by the prelates way ? and we utterly deny , that as water in baptisme hath no action at all in the working of remission of sinnes , so the people hath no influence in making a king , for the people are worthier , more excellent then the king , and they have an active power of ruling and directing themselves toward the intrinfecall end of humane policie , which is the externall safety and peace of a societie , in so far as there are morall principles of the second table for this effect written in their heart , and therefore that royall authoritie , which by gods speciall providence , is united in one king , and as it were over-gilded and lustered with princely grace and royall endowments , is diffused in the people , for the people hath an after-approbative consent in making a king , as royalists confesse , water hath no such action in producing grace . quest . ix . whether or no soveraigntie is so from the people , that it remaineth in them in some part , so as they may in case of necessitie resume it ? the prelate will have it babylonish confusion , that we are divided in opinion . jesuites ( saith he ) place all soveraigntie in the communitie . of the sectaries ; some warrant any one subject to make away his king , and that such a worke is no lesse to be rewarded then when one killeth a wolfe : some say , this power is in the whole communitie : some will have it in the collective body , not conveened by warrant or writ of soveraignty , but when necessitie ( which is often fancied ) of reforming state and church , calleth them together . some in the nobles , and peeres , some in the three estates assembled by the kings writ , some ▪ in the inferour iudges . i answer : if the prelate were not a iesuite himselfe , he would not bid his brethren take the mote out of their eye : but there is nothing here said but which barclaius said better before this plagarius . to which i answer , we teach that any private man may kill a a tyrant voyd of all title : and a great royalist barclaius saith so also . and if he have not the consent of the people , he is an usurper , for we know no externall lawfull calling that kings have now , or their familie to the crown , but only the call of the people ; all other calls to us are now invisible and unknown , and god would not command us to obey kings , and leave us in the darke , that we shall not know who is the king : the prelate placeth his lawfull calling to the crown in such an immediate , invisible , and subtile act of omnipotencie , as that whereby god conferreth remission of sinnes by sprinkling with water in baptisme , and that whereby god directed samuel to annoint saul and david , not eliab , nor any other brother . it is the devill in the p. p. not any of us , who teach that any private man may kill a lawfull king , though tyrannous in his government . for the subject of royall power , we affirme , the first , and ultimate , and native subject of all power is the communitie , as reasonable men naturally inclining to a societie : but the ethicall and politicall subject , or the legall and positive receptacle of this power is various , according to the various constitutions of the policie . in scotland and england , it is the three estates of parliament , in other nations some other iudges or peeres of the land. the prelate had no more common sense for him to object a confusion of opinions to us , for this , then to all the common-wealths on earth , because all have not parliaments , as scotland hath ; all have not constables , and officials , and churchmen , barons , lords of councell , parliaments , &c. as england had . but the truth is , the communitie orderly conveened , as it includeth all the estates civill , have hand , and are to act in choosing their rulers : i see not what priviledge nobles have above commons in a court of parliament , by gods law ; but as they are iudges , all are equally iudges , and all make up one congregation of gods. but the question now is , if all power of governing ( the prelate , to make all the people kings , saith , if all soveraignty ) be so in the people , that they retaine power to guard themselves against tyranny ? and , if they reteine some of it , habitu , in habit , and in their power ? i am not now unseasonably , according to the prelates order , to dispute of the power of lawfull defence against tyranny ; but i lay down this maxime of divinitie ; tyranny being a worke of sathan , is not from god , because sinne either habituall or actuall , is not from god , the power that is , must be from god ; the magistrate as magistrate , is good , in nature of office , and the intrinsecall end of his office , rom. . . for he is the minister of god for thy good ; and therefore a power ethicall , politick , or morall , to oppresse , is not from god , and is not a power , but a licentious deviation of a power , and is no more from god , but from sinfull nature , and the old serpent , then a license to sinne : god in christ giveth pardons of sinne ; but the pope , not god , giveth dispensations to sinne . . to this adde , if for nature to defend it selfe be lawfull , no communitie , without sin , hath power to alienate and give away this power : for as no power given to man to murther his brother , is of god , so no power to suffer his brother to be murthered , is of god ; and no power to suffer himselfe ( à fortiori ) far lesse can be from god. here i speake not of physicall power , for if free will be the creature of god , a physicall power to acts which in relation to gods law are sinfull , must be from god. but i now follow the p. prelate . some of the adversaries , as buchanan , say that the parliament hath no power to make a law , but only a 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 without the approbation of the communitie . others , as the the observator , say , that the right of the gentry and communalty is intirely in the knights and burgesses of the house of commons , and will have their orders irrevocable . if then the common people cannot resume their power , and oppose the parliament , how can tables and parliaments resume their power , and resist the king ? answ . the ignorant man should have thanked barclaius for this argument , and yet barclaius need not thanke him , for it hath not the nerves that barclaius gave it . but i answer , . if the parliament should have been corrupted by fair hopes ( as in our age we have seene the like ) the people did well to resist the prelates obtruding the masse booke , when the lords of the counsell pressed it against all law of god and man , upon the kingdome of scotland , and therefore it is denyed that the acts of parliament are irrevocable , the observator said they were irrevocable by the king , he being but one man , the p. prelate wrongeth him , for he said onely , they have the power of a law , and the king is obliged to confent , by his royall office to all good lawes , and neither king nor people may oppose them . buchanan said acts of parliament are not lawes obliging the people till they be promulgated , and the peoples silence when they are promulgated is their approbation , and maketh them obligatory lawes to them ; but if the people speak against unjust lawes , they are not lawes at all , and buchannan knew the power of the scottish parliament , better then this ignorant statist . . there is not like reason to grant so much to the king , as to parliaments , because certainly parliaments who make kings under god , or above any one man , and they must have more authority and wisedome then any one king , except solomon ( as base flatterers say ) should returne to the thrones of the earth . and as the power to make just lawes is all in the parliament , only the people have power to resist tyrannicall lawes , the power of all the parliament was never given to the king , by god , the parliament are as essentially iudges as the king , and therefore the kings deed may well be revoked , because he acteth nothing as king ; but united with his great or lesser councell , no more then the eye can see , being separated from the body . the peeres and members of parliament have more then the king , because they have both their owne power , being parts and speciall members of the people , and also they have their high places in parliament , either from the peoples expresse , or tacite consent . . we allow no arbitrary power to the parliament , because their just lawes are irrevocable , for the irrevocable power of making just lawes doth argue a legall , not an irreovocable arbitrary power ; nor is there any arbitrary power in the people , or in any mortall man , but of the covenant betwixt king and people hereafter . p. prelate , if soveraigne power be habitually in the community so , as they may resume it at their pleasure , then nothing is given to the king but an empty title , for at the same instant he receiveth empire and soveraignty , and layeth downe the power to rule or determine in matters which concerne either private or publick good , and so he is both a king and a subject . ans . this naked consequence the prelate sayeth , and proveth not , and we deny it , and give this reason , the king receiveth royall power with the states to make good lawes , and . power by his royalty to execute those lawes , and this power the community hath devolved in the hands of the king , and states of parliament , but the community keepeth to themselves a power to resist tyranny , and to coerce it , and eatenus in so far is saul subject , that david is not to compeare before him , nor to lay downe goliahes sword , nor disband his army of defence , though the king should command him so to doe . p. prelate . by all polititians , kings , and enferiour magistrates are differenced by their different specifice entity , but by this they are not differenced ; nay a magistrate is in a better condition then a king , for the magistrate is to judge by a knowne statute and law , and cannot be censured and punished but by law. but the king is censurable , yea disabled by the multitude , yea the basest of subjects may cite , and convent the king , before the underived majesty of the community , and he may be judged by the arbitrary law thut is in the closet of their heart , not only for reall misdemeanour , but for fancied jealousies — it will be said , good kings are in no danger — the contrary appeareth this day , and ordinarily the best are in greatest danger ; no government except plato'es republick wanteth incommodities , subtile spirits may make them , apprehend them . the poore people bewitched , follow absolom in his treason , they strike not at royalty at first , but labour to make the prince , naked of the good counsell of great statesmen , &c. ans . whether the king and the under magistrate differ essentially , we shall see . the p. prelate saith all polititians grant it , but he saith untruth ; he bringeth moses , and the iudges , their power to prove the power of kings ; and so either the iudges of israel and the kings differ not essentially , or then the prelate must correct the spirit of god tearming one booke of scripture 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 kings , and another 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 iudges , and make the booke of kings the booke of iudges . . the magistrates condition is not better then the kings , because the magistrate is to judge by an knowne statute and law , and the king not so . god moulded the first king , deut. . . when he sitteth judging on his throne , to looke to a written coppy of the law of god , as his rule . now a power to follow gods law is better then a power to follow mans sinfull will : so the prelate putteth the king in a worse condition then the magistrate , not we , who will have the king to judge according to just statutes and lawes . . whether the king be censurable and deposable by the multitude , he cannot determine out of our writings . . the communities law is the law of nature , not their arbitrary lust . . the prelates treasonable raylings , i cannot follow ; he first saith , that we agree not ten of us to a positive faith , and that our faith is negative , but his faith is privative , popish , socinian , arminian , pelagian and worse , for he was once of that same faith that we are of . . our confession of faith is positive , as the confession of all the reformed churches , but i judge he thinketh the protestant faith of all the reformed churches but negative . . the incommodities of government before our reformation were not fancied , but printed by authority , all the body of popery was printed , and avowed as the doctrine of the church of scotland and england , as the learned author , and my much respected brother evidenceth in his ludensium , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , the canterburian selfe conviction . . the parliament of england was never yet found guilty of treason . . the good counsellers of great states-men , that parliaments of both kingdomes would take from the kings majesty , are a faction of perjured papists , prelates , iesuites , irish cut-throates , strafords , and apostate subverters of all lawes divine , humane , of god , of church , of state. p. prelate . in whom so ever this power of government be , it is the onely remedy to supply all defects , and to set right what ever is disjoynted in church and state , and the subject of this super-intending power must be free from all errour in iudgement and practice , and so we have a pope in temporalibus ; and if the parliament erre , the people must take order with them , else god hath left church and state remedilesse . ans . this is stollen from barolaius also ; . but the same barclaius saith , si rex regnum suum alien● ditioni manciparit , regno cadit . if the king shall sell his kingdome , or inslave it to a forraigne power , he falleth from all right to his kingdome : but who shall execute any such law against him , not the people , not the peeres , not the parliament ; for this mancipium ventris & aulae , this slave saith , p. . i know no power in any to punish or curbe soveraignty , but in almighty god. . we see no super-intending power on earth in king or people infallible , nor is the last power of taking order with a prince who inslaveth his kingdome to a forraigne power placed by us in the people , because they cannot erre ; court flatterer● ▪ who teach that the will of the prince is the measure of all right and wrong , of law and no law ; and above all law must hold that the king is a temporall pope , both in ecclesiasticall and civill matters ; but because they cannot so readily destroy themselves , ( the law of nature having given to them a contrary internall principle of selfe preservation ) as a tyrant who doth care for himselfe , and not for the people . . and because extremis morbis extrema remedia in an extraordinary exigent , when achab and iezabell did undoe the church of god , and tyrannize ▪ over both the bodies and consciences of priest , prophet , and people , elias procured the convention of the states , and elias with the peoples helpe killed all baals priests , the king looking on , and no question , against his heart . in this case i thinke it s more then evident that the people resumed their power . . we teach not that people should supply all defects in government , nor that they should use their power when any thing is done amisse by the king , no more then the king is to cut off the whole people of god , when they refuse an idolatrous service obtruded upon them against all law ; the people is to suffer much before they resume their power , but this court slave will have the people to doe what he did not himselfe , for when king and parliament summoned him , was he not obliged to appeare ? non-compearance when lawfull , royall , and parliamentory power summoneth , is no lesse resistance , then taking of forts and castles . p. prelate . then this super-intending power in people , may call a king to accompt , and punish him for any misdemeanour , or act of injustice . why might not the people of israels peeres , or sanedrin have convented david before them , judged and punished him for his ▪ adultery with bathsheba , and his murther of uriah ; but it is holden by all , that tyranny should be an intended universall , totall , manifest destruction of the whole common-wealth , which cannot fall in the thoughts of any but a mad man. what is recorded in the story of nero his wish in this kind , may be rather judged the expression of transported passion , then a fixed resolution . ans . the p. prelate contrary to the scope of his booke , which is all for the subject and seat of soveraigne power , against all order hath plunged himselfe in the deep of defensive armes , and yet hath no new thing . . our law of scotland will warrant any subject , if the king take from him his heritage , or invade his possession against law , to resist the invaders , and to summon the kings intruders before the lords of session for that act of injustice : is this against gods word , or conscience ? . the sancdrim did not punish david ; ergo , it is not lawfull to challenge a king for any one act of injustice : from the practice of the sanedrim , to conclude a thing lawfull or unlawfull , is logick ; we may resist . . by the p. prelates doctrine , the law might not put bathshebah to death , nor yet joab the neerest agent of the murthering of innocent vriah , because bathshebaes adulterie was the kings adulterie , she did it in obedience to king david : joabs murther was royall murther , as the murther of all the cavaliers ; for he had the kings hand-writing for it . murther is murther , and the murtherer is to dye , though the king by a secret let alone , a private and illegall warrant command it . ergo , the sanedrim might have taken bathshebaes life , and joabs head also : and consequently the parliament of england , if they be judges ( as i conceive god and the law of that ancient and renowned kingdome maketh them ) may take the head of many joabs and jermines , for murther ; ●or the command of a king cannot legitimate murther . . david himselfe , as king , speaketh more for us then for the prelate , sam. . . and davids anger was greatly kindled against the man , ( the man was himselfe , v. . thou art the man ) and he said to nathan , as the lord liveth , the man that hath done this , shall surely dye . . every act of injustice doth not un-king a prince before god , as every act of uncleannesse doth not make a wife no wife before god. . the prelate excuseth nero , and would not have him resisted , if all rome were one neck , that he might cut it off with one stroke ( i read it of caligula ; if the prelate see more in historie then i doe , i yield . ) . he saith , the thoughts of totall eversion of a kingdome , must only fall on a mad man. the king of britaine was not mad , when he declared the scots traytors , because they resisted the service of the masse ; and raised an army of prelaticall cut-throats to destroy them , if all the kingdome should resist idolatry , ( as all are obliged . ) the king sleeped upon this prelaticall resolution many moneths : passions in servor have not a dayes raigne upon a man. and this was not so cleare as the sun , but it was as cleare as written printed proclamations , and the pressing of souldiers , and the visible marching of cut-throats , and the blocking of scotland up by sea and land could be visible to men having five senses . covaruv . a ▪ great lawyer , saith , . that all civill power is penes remp . in the hands of the common-wealth . . because nature hath given to man to be a sociall creature , and impossible he can preserve himselfe in a societie , except he being in communitie , transforme his power to an head . . he saith ; hujus vero civilis societatis & resp . rector ab alio quam ab ipsamet repub . constitui non potest justè & absque tyrannide . siquidem ab ipso deo constitutus non est , ●ec electus cuilibet civili societati immediatè rex aut princeps . arist . polit . . c. . saith , it is better that kings got by election then by birth ; because kingdomes by succession are verè regia , truly kingly : these by birth are more tyrannicall , masterly , and proper to barbarous nations . and covarruvias , tom . . pract . quest . de jurisd . castellan . reip. c. . n. . faith , hereditary kings are also made hereditary by the tacit consent of the people , and so by law and consuetude . spalato . let us grant ( saith he ) that a societie shall refuse to have a governour over them , shall they be for that free ? in no sort : but there be many wayes by which a people may be compelled to admit a governour ; for then no man might rule over a communitie against their will. but nature hath otherwise disposed , ut quod singuli nollent , universi vellent , that which every one will not have , a commnnitie naturally desireth . and the p. prelate saith , god is no lesse the author of order , then he is the author of being ; for the lord who createth all , conserveth all ; and without government all humane societies should be dissolved and goe to ruine : then government must be naturall , and not depend upon a voluntary & arbitrary constitution of men . in nature , the liveles creatures inferior give a tacit consent & silent obedience to their superiour , and the superiour have a powerfull influence on the inferiour . in the subordination of creatures , we ascend from one superior to another , till at last we come to one supreme , which by the way pleadeth for the excellencie of monarchie . amongst angels there is an order : how can it then be supposed that god hath left it to the simple consent of man to establish a heraldrie of sub & supra , of one above another , which neither nature nor the gospel doth warrant ? to leave it thus arbitrary , that upon this supposed principle , mankind may be without government at all , is vain ; which paradox cannot be maintained . in nature god hath established a superiority inherent in superior creatures , which is no ways derived from the inferior by communication , in what proportion it will , and resumeable upon such exigents as the inferior listeth : therefore neither hath god left to the multitude , the communitie , the collective , the representative or virtuall body , to derive from it selfe , and communicate s●veraigntie , whether in one or few , or more , in that measure and proportion pleaseth them , which they resume at pleasure . answ . . to answer spalato : no societie hath liberty to be without all government , for god hath given to every societie ( saith a covarruvias ) a faculty of preserving themselves , and warding off violence and injuries ; and this they could not doe , except they gave their power to one or many rulers . but all that the prelate buildeth on this false supposition , which is his fiction and calumnie , not our doctrine , to wit , that it is voluntary to man to be without all government , because it is voluntarie to them to give away their power to on● or moc rulers , is a meere non-consequence . . we teach that government is naturall , not voluntary ; but the way and manner of government is voluntarie : all societies should be quickly ruined , if there were no government : but it followeth not therefore , god hath made some kings , and that immediately , without the interveening consent of the people , and ergo , it is not arbitrary to the people to choose one supreme ruler , and to erect a monarchie , or to choose moe rulers , and to erect an aristocracie . it followeth no way . it is naturall to men to expresse their minde by humane voyces ; is not speaking of this or that language , greeke rather then latine , ( as aristotle saith ) 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 by humane institution ? it is naturall for men to eat ; ergo , election of this or that meat is not in their choise . what reason is in this consequence ? and so it s a poore consequence also ; power of soveraigntie is in the people naturally ; ergo it is not in their power to give it out in that measure that pleaseth them , and to resume it at pleasure . it followeth no way . because the inherencie of soveraigntie is naturall , and not arbitary , ergo , the alienation and giving out of the power to one , not to three , thus much , not thus much , conditionally , not absolutely and irrevocably , must be also arbitrary . it is as if you should say , a father having six children , naturally loveth them all , ergo , he hath not freedome of will in expressing his affection to give so much of his goods to this sonne , and that conditionally , if he use these goods well ; and not more or lesse of his goods , at his pleasure . . there is a naturall subordination in nature , in creatures superior and inferior , without any freedome of election : the earth made not the heavens more excellent then the earth , and the earth by no freedome of will made the heavens superior in excellencie to it selfe . man gave no superioritie of excellencie to angels above himselfe : the creator of all beings did both immediately without freedome of election in the creature , create the being of all creatures , and their essentiall degrees of superiority and inferiority , but god created not saul by nature king over israel ; nor is david by the act of creation , by which he is made a man , created also a king over israel ; for then david should from the wombe and by nature be a king , and not by gods free gift . here both the free gift of god , and the free consent of the people interveene : indeed god made the office and royaltie of a king above the dignitie of the people ; but god by the interveening consent of the people maketh david a king , not eliab ; and the people maketh a covenant at davids inauguration , that david shall have so much power , to wit , power to be a father , not power to be a tyrant ; power to fight for the people , but no power to waste and destroy them . the inferior creatures in nature give no power to the superiour , and therefore they cannot give in such a proportion power . the deniall of the positive degree , is a deniall of the comparative and superlative , and so they cannot resume any power : but the designing of such a man , or such men to be kings or rulers , is a rationall voluntary action , not an action of nature , such as is gods act of creating an angell a nobler creature then a man , and the creating of man a more excellent creature then a beast : and for this cause the argument is vaine and foolish : for inferior creatures are inferior to the more noble and superior by nature , not by voluntary designation , or , as royalists say , by naked approbation , which yet must be an arbitrary and voluntary action . . the p. prelate commendeth order , while we come to the most supreme : hence he commendeth monarchie above all governments , because it is gods government . i am not against it , that monarchie well tempered is the best government , though the question to me is most problematick ; but because god is a monarch , who cannot erre or deny himselfe , therefore that sinfull man be a monarch , is miserable logick : and he must argue solidly forsooth by this , because there is order ( as he saith ) amongst angels , will he make a monarch and a king-angell ? his argument , if it have any weight in it , driveth at that , even that there be crowned kings amongst the angels . quest . x. whether or not royall birth be equivalent to divine unction ? symmons holdeth , that birth is as good a title to the crowne , as any given of god. how this question can be cleered , i see not , except we dispute that , whether or not kingdomes be proper patrimonies derived from the father to the sonne ? . i take , there is a large difference betwixt a thing transmittable by birth from the father to the sonne , and a thing not transmittable . . i conceive , as a person is chosen to be a king over a people , so a familie or house may be chosen , and a kingdome at first choosing a person to be their king , may also tye themselves to choose the first borne of his body : but as they transferre their power to the father , . for their owne safetie and peace , ( not if he use the power they give him , to their destruction ) the same way they tye themselves to his first borne , as to their king. . as they chose the father not as a man , but a man gifted with royall grace , and a princely facultie for government ; so they can but tye themselves to his first borne , as to one graced with a facultie of governing : and if his first borne shall be borne an idiot and a foole , they are not obliged to make him king ; for the obligation to the sonne can be no greater then the obligation to the father , which first obligation is the ground , measure and cause of all posterior obligations . if tutors be appointed to governe such an one , the tutors have the royall power , not the idiot ; nor can he governe others , who cannot governe himselfe . that kings goe not as heritage from the father to the sonne , i prove ; . god , deut. . could not command them to choose such a one for the king , and such a one who sitting on his throne shall follow the direction of god speaking in his word , if birth were that which gave him gods title and right to the crowne ; for that were as much as such a man should be heire to his fathers inheritance , and the sonne not heire to his fathers crown , except he were such a man : but god in all the law morall or judiciall , never required that the heire should be thus and thus qualified , else he should not be heire : but he requireth that a man , and so that a familie should be thus and thus qualified , else they should not be kings : and i confirme it thus : the first king of divine institution must be the rule , paterne and measure of all the rest of the kings , as christ maketh the first mariage , mat. . . a paterne to all others , and paul reduceth the right administration of the supper to christs first institution , cor. . . now the first king , deut. . , . is not a man qualified by naked birth , for then the lord in describing the manner of the king and his due qualifications , should seeke no other but this ; you shall choose onely the first borne , or the lawfull sonne of the former king. but seeing the king of gods first moulding is a king by election , and what god did after by promises and free grace give to david and his seed , even a throne till the mesiah should come , and did promise to some kings , if they would walke in his commandements ; that their sonnes , and sonnes sonne should sit upon the throne , in my judgement is not an obliging law , that sole birth should be as just a title , in foro dei , ( for i now dispute the question in point of conscience ) as royall unction . . if by divine institution god have impawned in the peoples hand a subordinate power to the most high , who giveth kingdomes to whom he will , to make and create kings , then is not sole birth a just title to the crowne . but the former is true ; both by precept , deut. . . and god expresly saith , thou shalt choose him king , whom the lord shall choose . and if it had not been the peoples power to create their own kings , how doth god after he had designed saul their king , yet expresly sam. . inspire samuel . to call the people before the lord at mizpeh , to make saul king ? and how doth the lord v. . expresly shew to samuel , and the people , the man that they might make him king ? and because all consented not that saul should be king , god will have his coronation renewed , v. . then said samuel to the people , come , and let us goe to gilgall , and renew the kingdome there . . and all the people went to gilgall , and there they made saul king before the lord in gilgall . and how is it that david anoynted by god is yet no king , but a private subject , while all israel make him king at hebron ? . if royall birth be equivolent to royall unction , and the best title , and if birth speake and declare to us the lords appointment and will , that the first born of a king should be king , as m. symmons and others say ; then is all title by conquest , where the former king standeth , in title to the crowne , and hath an heire , unlawfull . but the latter is against all the nation of the royalists , for arnisaeus , barclay , grotius , io. roffensis episco . the bishop of spalato , dr. ferne , m. symmons , the excommunicate prelat , if his poore learning may bring him ▪ in the roll , teach that conquest is a lawfull title to a crowne . i prove the proposition , . because if birth speake gods revealed will , that the heire of a king is the lawfull king , then conquest cannot speake the contradicent will of god , that he is no lawfull king , but the conquerour is the lawfull king. gods revealed will should be contradictory to himselfe , and birth should speake it is gods will , that the heire of the former king be king , and the conquest being also gods revealed will , should also speake that that heire should not be king. . if birth speake and reveale gods will that the heire be king , it is unlawfull for a conquered people to give their consent that a conquerour be their king. for their consent being contrary to gods revealed will , ( which is , that birth is the just title ) must be an unlawfull consent . if royalists say , god the king of kings who immediately maketh kings , may , and doth transferre kingdomes to whom he will , and when he putteth the sword in nebuchadnezers hand , to conquer the king and kingdome of iudah , then zedikiah or his sonne is not king of iudah , but nebuchadnezer is king , and god being above his law , speaketh in that case his will by conquests , as before he spake his will by birth ; this is all can be said . ans . they answer black treason in saying so , for if ieremiah from the lord had not commanded expresly , that both the king and kingdome of judah should submit to the king of babylon , and serve him , and pray for him , as their lawfull king , it had been as lawfull to them to rebell against that tyrant , as it was for them to fight against the philistimes , and the king of ammon ; but if birth be the just and lawfull title , in foro dei , in gods court , and the only thing that evidenceth gods will without any election of the people , that the first borne of such a king is their lawfull king , then conquests cannot now speake a contrardictory will of god ; for the question is not whether or not , god giveth power to tyrants to conquer kingdomes from the just heires of kings , which did raigne lawfully before their sword made an empty throne ; but whether conquest now , when jeremiahs are not sent immediatly from god to command ? for example ; britaine to submit to a violent intruder , who hath expelled the lawfull heires of the royall line of the king of britaine , whether i say doth conquest in such a violent way , speake that it is gods revealed will , called voluntas signi , the will that is to rule us , in all our morall duties to cast off the just heires of the blood royall , and to sweare homage to a conquerour , and so as that conquerour now hath as just right , as the king of britaine had by birth ▪ this cannot be taken off by the wit of any , who . maintaine that conquest is a lawfull title to a crowne , and . that royall birth without the people election speaketh gods regulating will in his word , that the first borne of a king is a lawfull king by birth ; for god now a daies doth not say the contrary of what he revealed in his word . if birth be gods regulating will , that the heire of the king is in gods court a king , no act of the conquerour can anull that word of god to us , and the people may not lawfully , though they were ten times subdued , sweare homage and allegiance to a conquerour , against the due right of birth , which by royalists doctrine revealeth to us the plaine contradictory will of god. it is , i grant , often gods decree revealed by the event , that a conquerour be on the throne , but this will is not our rule , and the people are to sweare no oath of allegiance contrary to gods voluntas signi , which is his revealed will in his word regulating us . . things transferrible and communicable by birth from father to sonne , are onely , in law , those which heathen call bona fortunae , riches , as lands , houses , monies and heritages ; and so saith the law also . these things which essentially include gifts of the mind , and honour properly so called , i meane honour founded on vertue , as aristotle with good reason maketh honour praeminum virtu●is , cannot be communicated by birth from the father to the sonne ; for royall dignity includeth these three constituent parts essentially , of which none can be communicable by birth . . the royall faculty of governing , which is a speciall gift of god , above nature , is from god. solomon asked it from god , and had it not by generation from his father david . . the royall honour to be set above the people because of this royall vertue , is not from the wombe , for then gods spirit would not have said , blessed art thou o land , when thy king is the sonne of nobles , eccles . . . this honour springing from vertue , is not borne with any man , no● is any man borne with either the gift , or honour to be a iudge ; god maketh high and low , not birth . nobles are borne to great estates , if judging be heritage to any , it is a municipall positive law . i now speake in point of conscience . . the externall lawfull title , before men come to a crowne must be gods will , revealed by such an externall signe , as by gods appointment and warrant is to regulate our will , but according to scripture nothing regulateth our will , and leadeth the people now that they cannot erre , following gods rule in making a king , but the free suffrages of the states choosing a man whom they conceive god hath endued with these royall gifts required in the king whom god holdeth forth to them in his word , deut. . now there be but these to regulate the people , or to be a rule to any man to ascend lawfully ( in foro dei ) in gods court to the throne ; . gods immediate designation of a man by propheticall and divinely inspired unction , as samuel annoynted saul , and david ; this we are not to expect now , nor can royalists say it . . conquest , seeing it is an act of violence , and gods revenging justice for the sinnes of a people , cannot give in gods court such a just title to the throne , as the people are to submit their consciences unto , except god reveale his regulating will by some immediate voice from heaven , as he commanded iudah to submit to nebuchadnezer as to their king by the mouth of ieremiah ; now this is not a rule to us , for then , if the spanish king should invade this iland , and as nebuchadnezer did , deface the temple , and instruments and meanes of gods worship , and abolish the true worship of god , it should be unlawfull to resist him , after he had once conquered the iland , neither gods word , nor the law of nature could permit this ; i suppose even by grant of adversaries , now no act of violence done to a people , though in gods court they have deserved it , can be a testification to us of gods regulating will ; except it have some warrant from the law and testimony , it is no rule to our conscience to acknowledge him a lawfull magistrate , whose sole law to the throne is an act of the bloody instrument of divine wrath , i meane the sword . that therefore iudah was to submit , according to gods word , to nebuchadnezer , whose conscience and best warranted calling to the kingdome of judah was his bloody sword , even if we suppose ieremiah had not commanded them to submit to the king of babylon , i thinke cannot be said . . naked birth cannot be this externall signification of gods regulating will to warrant the conscience of any to ascend to the throne , for the authors of this opinion make royall birth equivalent to divine unction , for david anoynted by samuel , and so anoynted by god , is not king , saul remained the lords anoynted many yeares , not david , even anoynted by god ; the peoples making him king at hebron founded upon divine unction , was not the only externall lawfull calling that we read of , that david had to the throne , then royall birth , because it is but equivalent only to divine unction , not superiour to divine unction , it cannot have more force to make a king , then divine unction . and if birth was equivalent to divine unction , what needed ioash who had royall birth , be made king by the people ? and what needed saul and david , who had more then royall birth , even divine unction , be made kings by the people ? and saul having the vocall and infallible testimony of a prophet , needed not the peoples election , the one at mizpeh and gilgall , and the other at hebron . . if royall birth be as just a title to the crowne as divine unction , and so , as the peoples election is no title at all ; then is it unlawfull that there should be a king by election in the world now : but the latter is absurd , so is the former . i prove the proposition , because where conquerours are wanting , and there is no king for the present , but the people governing , and so much confusion aboundeth , they cannot lawfully appoint a king , for his lawfull title before god must either be conquest , which to me is no title , ( and here , and in this case there is no conquest ) or if the title must be a propheticall word immediatly inspired by god , but this is now ceased ; or thirdly the title must be royal birth , but here there is no royall birth , because the government is popular ; except you imagine that the society is obliged in conscience to goe and seek the sonne of a forraine king to be their king. but i hope that such a royall birth should not be a just title before god to make him king of that society , to which he had no relation at all , but is a meere stranger . hence in this case no title could be given to any man to make him king , but onely the peoples election ; which is that which we say . and it is most unreasonable that a people under popular government cannot lawfully choose a king to themselves , seeing a king is a lawfull magistrate , and warranted by gods word , because they have not a king of royall birth to sit upon the throne . mr. symmons saith that birth is the best title to the crowne , because after the first of the family had been anoynted , unction was no more used in that family , ( unlesse there arose a strife about the kingdome , as betwixt solomon and adonijah , ioash and athalia ) the eldest sonne of the pred●cessor was afterward the chosen of the lord , his birth-right spake the lords appointment , as plainly as his fathers unction . ans . it is a conjecture that unction was not used in the family , after the first unction , except the contest was betwixt two brethren , that is said , not proved , for a king. . . when good iosiah was killed , and there was no contest concerning the throne of that beloved prince , the people of the land took iehoahaz his son and anointed him , and made him king in his fathers stead ; and the priests were anointed , levit. . . yea , all the priests were anointed , num. . . yet read we not in the history , where this or this ▪ man was anointed . . in that adonijah , solomons elder brother was not king , it is clear , that gods anointing , and the peoples electing , made the right to the crown , and not birth . . birth de facto did design the man , because of gods speciall promises to davids house ; but how doth a typicall discent made to david , and some others by gods speciall promise , prove , that birth is the birth-right , and lawfull call of god to a crown in all after ages ? for as gifts to reign , goeth not by birth , so neither doth gods title to a crown go . m. symons . a prince once possessed of a kingdome coming to him by inheritance , can never , by any , upon any occasion be dispossessed thereof , without horrible impietie , and unjustice . royall unction was an indeloble character of old , saul remained the lords anointed till the last gaspe ; david durst not take the right of government actually into him , although he had it in reversion , being already anointed thereunto , and had received the spirit thereof . answ . that is the question , if a prince once a prince by inheritance , cannot be dispossessed thereof without unjustice : for if a kingdom be his by birth , as an inheritance transmitted from the father to the son , i see not but any man upon necessary occasions , may sell his inheritance ; but if a prince sell his kingdom , a very barelay and an hug. grotius with reason will say , he may be dispossessed and dethroned , and take up his indeleble character then . . a kingdom is not the princes own so , as it is unjustice to take it from him , as to take a mans purse from him ; the lords church ( in a christian kingdom ) is gods heritage , and the king onely a shepheard , and the sheep in the court of conscience , are not his . . royall unction is not an indeleble character ; for neither saul nor david were all their dayes kings thereby , but lived many dayes private men after divine unction , while the people anointed them kings , except you say , . that there were two kings at once in israel . . and that saul killing david , should have killed his own lord , and his anointed . . if david durst not take the right of government actually on him , then divine unction made him not king , but onely designed him to be king : the peoples election must make the king. m. symons addeth , he that is born a king and a prince , can never be unborn , semel augustus semper augustus ; yea , i beleeve the eldest son of such a king is in respect of birth , the lords anointed in his fathers life time , even as david was before sauls death , and to deprive him of his right of reversion , is as true unjustice , as to dispossesse him of it . answ . it is proper onely to jesus christ to be born a king , sure i am , no man bringeth out of the womb with him a scepter , and a crown on his head . divine unction giveth a right infallibly to a crown ; but birth doth not so , for one may be born here to a crown , as was hopefull prince henry , and yet never live to be king. the eldest son of a king , if he attempt to kill his father , as absolom did , and raise forces against the lawfull prince , i conceive he may be killed in battell , without any unjustice . . if in his fathers time he be the lords anointed , there be two kings , and the heir may have a son , and so there shall be three kings , possibly four ; all kings by divine right . the prelate of rochester saith , the people and nobles give no right to him , who is born a king , they onely declare his right . answ . this is said , not proved . a man born for an inheritance , is by birth an heir , because he is not born for these lands , as a mean for the end , but by the contrary , these lands are for the heir as the mean for the end : but the king is for his kingdom , as a mean for the end , as the watch-man for the citie , the living law for peace , and safetie to gods people ; and therefore is not heres hominum , an heir of men , but men are rather heredes regis , heirs of the king. arnisaeus . many kingdoms ( saith he ) are purchased by just war , and transmitted by the law of heritage from the father to the son , beside the consent of the people , because the son receiveth right to the crown , not from the people , but from his parents , nor doth he possesse the kingdom , as the patrimony of the people , keeping onely to himself the burden of protecting and governing the people , but as a proprietie given to him lege regni , by his parents , which he is obliged to defend and rule , as a father looketh to the good and welfare of the family , yet so also as he may look to his own good . answ . we read in the word of god , that the people made solomon king , not that david , or any king can leave in his testament , a kingdom to his son . . he saith , the son hath not the right of reigning , as the patrimony of the people , but as a proprietie , given by the law of the kingdom , by his parents : now this is all one , as if he said , the son hath not the right of the kingdom , as the patrimony of the people , but as the patrimony of the people , which is good non-sense ; for the proprietie of reigning , given from father to son , by the law of the kingdom , is nothing but a right to reign , given by the law of the people , and the very gift and patrimony of the people , for lex regni , this law of the kingdom is the law of the people , tying the crown to such a royall family ; and this law of the people is prior and ancienter then the king , or the right of reigning in the king , or which the king is supposed to have from his royall father , because it made the first father , the first king of the royall line . for i demand , how doth the son succeed to his fathers crown , and throne ? not by any promise of a divine covenant , that the lord maketh to the father , as he promised , that davids seed should sit on his throne , till the messiah should come : this , as i conceive , is vanished with the common-wealth of the iews , nor can we now finde any immediate divine constitution , tying the crown now to such a race : nor can we say , this cometh from the will of the father king , making his son king : for . there is no scripture can warrant us to say , the king maketh a king , but the scripture holdeth forth , that the people made saul , and david , kings . . this may prove , that the father is some way a cause , why this son succeedeth king ; but he is not the cause of the royaltie conferred upon the whole line ; because the question is , who made the first father a king ? not himself ; nor doth god now immediately by prophets anoint men to be kings , then need force , the people choose the first man , then must the peoples election of a king , be prior and more ancient then the birth-law to a crown : and election must be a better right then birth . . the question is , whence cometh it that not onely the first father should be chosen king ; but also whence is that , whereas it is in the peoples freewill to make the succession of kings go by free election , as it is in denmark and pol ; yet the people doth freely choose , not only the first man to be king , but also the whole race of the first born of this mans family to be kings . all here must be resolved in the free will of the communitie ; now since we have no immediate and propheticall enthroning of men : it is evident , that the lineall deduction of the crown from father to son , through the whole line , is from the people , not from the parent . hence i adde this , as my sixth argument , that which taketh away that naturall aptitude , and natures birth-right , in a communitie given to them by god and nature , to provide the most efficacious , and prevalent mean for their own preservation and peace in the fittest government , that is not to be holden , but to make birth the best title to the crown , and better then free election , taketh away and impedeth that naturall aptitude , and natures birth-right of chosing , not simply a governour , but the best , the justest , the more righteous , and tyeth , and fettereth their choice to one of a house , whether he be a wise man , and righteous , and just , or a fool and an unjust man ; therefore to make birth the best title to the crown , is not to be holden . it is objected : that parents may binde their after generations , to choose one of such a line ; but by this argument , their naturall birth-right of a free choice , to elect the best and fittest , is abridged and clipped , and so the posterity shall not be tyed to a king of the royall line , to which the ancestors did swear . see for this , the learned author , of scripture , and reasons , pleaded for defensive arms. answ . frequent elections of a king , at the death of every prince may have , by accident , and through the corruption of our nature , bloody , and tragicall sequels , and to eschew these , people may tie and oblige their children to chose one of the first born , male or female , as in scotland and england , of such a line ; but i have spoken of the excellencie of the title by election , above that of birth , as comparing things according to their own nature together ; but give me leave to say , that the posterity are tyed to that line , . conditionally : so the first born , ceteris paribus , be qualified , and have an head to sit at the helm . . elections of governours would be performed , as in the sight of god ; and in my weak apprehension , the person coming neerest to gods judge , fearing god , hating covetousnesse , and to moses his king , deut. . one who shall read in the book of the law , and it would seem now , that gracious morals are to us insteed of gods immediate designation . . the genuine and intrinsecall end of making kings , is not simply governing , but governing the best way in peace , honesty , and godlinesse , . tim. . ergo , these are to be made kings , who may most expeditely procure this end : neither is it my purpose to make him no king , who is not a gracious man , onely here i compare title with title . . argument . where god hath not bound the conscience , men may not binde themselves , or the consciences of the posterity . but god hath not bound any nation irrevocably , and unalterably to a royall line , or to one kinde of government . ergo , no nation can binde their conscience , and the conscience of the posterity , either to one royall line , or irrevocably and unalterably to monarchy . the proposition is clear . . no nation is tyed , jure divine , by the tie of a divine law to a monarchy , rather then to another government . the parisian doctors prove , that the precept of having a pope is affirmative , and so tyeth not the church , ad semper , for ever ; and so the church is the body of christ without the pope ; and all oaths to things of their nature indifferent , and to things , the contrary whereof is lawfull , and may be expedient and necessary , lay on a tie onely conditionally , in so far , as they conduce to the end . if the gibeonites had risen in joshuaes dayes , to cut off the people of god , i think no wise man can think , that joshua and the people were tyed by the oath of god , not to cut off the gibeonites in that case : for to preserve them a live as enemies , was against the intent of the oath ▪ which was to preserve them alive , as friends demanding , and supplicating peace , and submitting . the assumption is clear if a nation seeth that aristocraticall government is better then monarchy , hic & nunc : that the sequels of such a monarchy is bloody , destructive , tyrannous , that the monarchy compelleth the free subjects to turcisme , to grosse idolatry , they cannot by the divine bond of any oath captive their naturall freedom , which is to choose a government , and governours , for their safetie , for a peaceable and godly life ; or fetter and chain the wisdom of the posterity unalterably to a government , or a royall line , which hic & nunc , contrary to the intention of their oath , proveth destructive , and bloody . and in this case , even the king , though tyed by an oath to govern , is obliged to the practices of the emperour otho . and as speed saith , of richard the second , to resign the crown , for the eschewing of the effusion of blood : and who doubteth but the second wits of the experienced posterity , may correct the first wits of their fathers ; nor shall i ever beleeve , that the fathers can leave in legacie , by oath , any chaines of the best gold to fetter the after wits of posteritie to a choice destructive to peace and true godlinesse . to these adde ; . that . an heritor may defraud his first borne of his heritage , because of his dominion he hath over his heritage : a king cannot defraud his first-borne of the crown . . an heritor may divide his heritage equally amongst his twelve sonnes : a king cannot divide his royall dominions in twelve parts , and give a part to every sonne ; for so he might turne a monarchie into an aristocracie , and put twelve men in the place of one king. . any heritor taken captive , may lawfully oppignorate , yea and give all his inheritance as a ransome for his liberty ; for a man is better then his inheritance : but no king may give his subjects as a price or ransome . yet i shall not be against the succession of kings by birth , with good limitations ; and shall agree , that through the corruption of mans nature , it may be in so far profitable , as it is peaceable , and preventeth bloody tumults , which are the bane of humane societies . consider further for this , aegid . romanus , l. . de reg . princi . cap. . turrecremat . and joan. de terra reubea , tract . contr . rebelles , ar . . ●on . . yet aristotle the flower of natures wit , l. . polit . c. . preferreth election to succession ; he preferreth carthage to sparta , though their kings came of hercules . plutarch in scylla , saith , he would have kings as dogs , that is , best hunters , not those who are borne of best dogs . tacitus , lib. . nasci & generari à principibus , fortuitum , nec ultra aestimantur . quest . xi . whether or no he be more principally a king , who is a king by birth , or he who is a king by the free election and suffrages of the people ? vvithout deteining the reader , i desire liberty to assert , that , assert . where god establisheth a kingdome by birth , that government , hic & nunc , is best : and because god principally distributeth crownes , when god establisheth the royall line of david to reigne , he is not principally a king , who commeth neerest and most immediately to the fountaine of royaltie , which is gods immediate will ; but god established , his & nunc , for typicall reasons ( with reverence of the learned ) a king by birth . assert . but to speake of them , ex natura rei , and according to the first mould and paterne of a king by law . a king by election is more principally king ( magis univoce & per se ) then an hereditarie prince ; . because in hereditary crownes , the first familie being chosen by the free suffrages of the people , for that cause ultimatè , the hereditary prince commeth to the throne , because his first father , and in him the whole line of the familie was chosen to the crowne , and , propter quod unumquodque tale , id ipsum magis tale . . the first king ordained by gods positive law , must be the measure of all kings , and more principally the king , then he who is such by derivation . but the first king is a king by election , not by birth , deut. . . thou shalt in any wise set ( him ) king over thee , whom the lord thy god shall choose , ( one ) from amongst thy brethren shalt thou set over thee . if the free will of the people be not the neerest cause of the first moulded king , god could have made no positive law to choose such a man , not such a man ; for all positive lawes presuppose free election . . the law saith , surrogatum fruitur privilegiis ejus , in cujus locum surrogatur : he who is substituted in the place of another , enjoyeth the priviledges of him in whose place be succeedeth . but the hereditary king hath royall priviledges from him who is chosen king. salomon hath the royall priviledges of david his father , and is therefore king by birth , because his father david was king by election . and this i say , not because i think sole birth is a just title to the crown , but because it designeth him who indeed virtually was chosen , when the first king of the race was chosen . . because there is no dominion of either royalty , or any other way by nature , no more then an eagle is born king of eagles , a lyon , king of lyons ; neither is a man by nature , born king of men : and therefore , he who is made king by suffrages of the people , must be more principally king , then he who hath no title , but the womb of his mother . doct. fern is so farre with us to father royaltie upon the peoples free election , as on the formall cause ▪ that he saith , if to design the person , and to procure limitation of the power in the exercise of it , be to give the power ; we grant the power is from the people , but ( saith he ) you will have the power originally from themselves ; in another sense , for you say , they reserve power to depose and displace the magistrate , sometime they make the monarch supreme , and then they devest themselves of all power , and keep none to themselves , but before established government , they have no politique power , whereby they may lay a command on others , but onely a naturall power of private resistance , which they cannot use against the magistrate . ans . but to take off those by the way , . if the king may choose a. b. an ambassadour , and limit him in his power , and say , doe this , and say this to the forraigne state you goe to , but no more ; halfe a wit will say the king createth the ambassadour , and the ambassadours power is originally from the king ; and we prove the power of the lyon is originally from god , and of the sea , and the fire is originally from god , because god limiteth the lyon in the exercises of its power , that it shall not devoure daniel , and limiteth the sea , as ieremiah saith , when as he will have its proud waves to come thither , and no farther , and will have the fire to burne those who throwe the three children into the fiery furnace , and yet not to burne the three children , for this is as if doctor ferne said , the power of the king of six degrees , rather then his power of five is from the people , therefore the power of the king is not from the people , yea the contrary is true . . that the people can make a king supreame , that is , absolute , and so resigne natures birth-right ; that is , a power to defend themselves is not lawfull , for if the people have not absolute power to destroy themselves , they cannot resigne such a power to their prince . . it is false that a community , before they be established with formall rulers , have no politicke power , for consider them as men onely , and not as associated , they have indeed no politicke power ; but before magistrates be established , they may convene and associate themselves in a body , and appoint magistrates ; and this they cannot doe if they had no politicke power at all . . they have virtually a power to lay on commandements , in that they have power to appoint to themselves rulers , who may lay commandements on others . . a community hath not formally power to punish themselves , for to punish is to inflict malum disconveniens naturae , an evill contrary to nature ; but in appointing rulers , and in agreeing to lawes they consent they shall be punished by another upon supposition of transgression , as the child willingly going to schoole submitteth himself in that to schoole-discipline , if he shall faile against any schoole law ; and by all this t is cleare , a king by election is principally a king ▪ barclay then faileth , who saith , no man denyeth but succession to a crowne by birth is agreeable to nature ; it is not against nature , but it is no more naturall , then for a lyon to be borne a king of lyons . obj. most of the best divines approve an hereditary monarch , rather then a monarch by election . ans . so doe i in some cases , in respect of empire simply it is not better , in respect of empire now under mans fall in sin ; i grant it to be better in some respect . so salust in iugurth . natura mortalium imperij avida . tacitus , hist . . minore discrimine princeps sumitur , quam queritu , there 's lesse danger to accept of a prince at hand , then to seeke one a farre off . . in a kingdome to be constituted , election is better ; in a constituted kingdome birth seemeth lesse evill . . in respect of liberty election is more convenient ; in respect of safety and peace , birth is safer and the nearest way to the well . see bodin , de rep. l. . c. . thol . ozan , de rep. l. . c. . quest . xii . whether or not a kingdome may lawfully be purchased by the sole title of conquest ? the prelate averreth confidently that a title to a kingdome by conquest , without the consent of the people , is so just and evident by scripture , that it cannot be denyed ; but the man bringeth no scripture to prove it . mr. marshall saith , a conquered kingdome is but c●ntinuata injuria , a continued robbery . a right of conquest is twofold ; . when there is no just cause . . when there is just reason and ground of the war ; in this latter case , if a prince subdue a whole land , which justly deserveth to dye , yet by his grace who is so mild a conquerour they may be all preserved alive . now amongst those who have thus injured the conquerour as they deserve death , we are to difference the persons offending , and the wives , children especially not borne , and such as have not offended . the former sort may resign their personall liberty to the conquerour , that the sweet life may be saved ; but he cannot be their king properly , but i conceive that they are obliged to consent that he be their king , upon this condition , that the conquerour put not upon them violent and tyrannicall conditions that are harder then death : now in reason we cannot thinke that a tyrannous and unjust domineering can be gods lawfull meane of translating kingdomes , and for the other part ; the conquerour cannot domineere as king over the innocent , and especially the children not yet borne . . assertion . a people may be by gods speciall commandement , subject to a conquering nebuchadnezer , and a caesar , as to their king , as was iudah commanded by the prophet ieremiah to submit unto the yoake of the king of babylon , and to pray for him , and the people of the iewes were to give to caesar the things of caesar ; and yet both those were unjust conquerours : for those tyrants had no command of god to oppresse and raigne over the lords people , yet were they to obey those kings , so the passive subjection was just and commanded of god , and the active unjust and tyranous , and forbidden of god. . assert . this title by conquest through the peoples after consent may be turned into a just title , as it s like the case was with the iewes in caesars time , for which cause our saviour commanded to obey caesar , and to pay tribute unto him ; as dr. ferne confesseth . but two things are to be condemned in the doctor : . that god manifesteth his will to us in this worke of providence , whereby he translateth kingdomes . . that this is an over-awed consent ; now to the former i reply , if the act of conquering be violent and unjust , it is no manifestation of gods regulating and approving will , and can no more prove a just title to a crowne , because it is an act of divine providence , then pilate and herod their crucifying of the lord of glory , which was an act of divine providence , flowing from the will and decree of divine providence , act. . . act. . . is a manifestation that it was gods approving will , that they should kill jesus christ . . though the consent be some way over-awed , yet is it a sort of contract and covenant of loyall subjection made to the conquerour , and therefore sufficent to make the title just ; otherwise if the people never give their consent , the conquerour domineering over them by violence hath no just title to the crowne . . assert . meere conquest by the sword without the consent of the people , is no just title to the crowne ; . because the lawfull title that gods word holdeth forth to us , beside the lords choosing and calling of a man to the crowne , is the peoples election , deut. . . all that had any lawfull calling to the crowne in gods word , as saul , david , solomon , &c. were called by the people , and the first lawfull calling is to us a rule and paterne to all lawfull callings . . a king as a king , and by vertue of his royall office is the father of the kingdome , a tutor , a defender , protector , a shield , a leader , a shepheard , an husband , a patron , a watchman , a keeper of the people over which he is king , and so the office essentially includeth acts of fatherly affection , care , love and kindnesse to those over whom he is set , so as he who is cloathed with all these relations of love to the people , cannot exercise those officiall acts on a people against their will , and by meere violence . can he be a father , and a guide , a patron to us against our will ? and by the sole power of the bloudy sword ? a benefit conferred upon any against their will is no benefit : will he , by the awsome dominion of the sword be our father , and we unwilling to be his sonnes ? an head over such as will not be menbers ? will he guide me as a father , an husband against my will ? he cannot come by meere violence to be a patton , a shield , and a defender of me through violence . . it is not to be thought that , that is gods just title to a crowne which hath nothing in it of the essence of a king ; but a violent and bloody purchase , which is in its prevalency in an oppressing nymrod , and the cruellest tyrant that is , hath nothing essentiall to that which constituteth a king : for it hath nothing of heroick and royall wisedome and gifts to governe , and nothing of gods approving and regulating will which must be manifested to any who would be a king , but by the contrary cruelty hath rather basenesse and witlesse fury , and a plaine reluctancy with gods revealing will , which forbideth murther , gods law should say , ( murther thou , and prosper and raigne ) and by the act of violating the sixt commandement , god should declare his approving will , to wit , his lawfull call to a throne . . there be none under a law of god who may resist a lawfull call to a lawfull office , but men may resist any impulsion of god stirring them up to murther the maniest and strongest , and cheife men of a kingdome , that they may raigne over the fewest , the weakest , and the young and lowest of the people against their will , therefore this call by the sword is not lawfull . if it be said , that the divine impulsion stirring up a man to make a bloody conquest , that the ire and just indignation of god in iustice may be declared on a wicked nation , is an extraordinary impulsion of god , who is above a law , and therefore no man may resist it . ans . then all bloody conquerors must have some extraordinary revelation from heaven to warrant their yeelding of obedience to such an extraordinary impulsion . and if it be so , they must shew a lawfull and immediate extraordinary impulsion now ; but it is certaine , the sinnes of the people conquered , and their most equall and just demerit , before god , cannot be a just plea to legitimate the conquest : for though the people of god deserved vastation and captivitie by the heathen , in regard of their sinnes , before the throne of divine iustice , yet the heathen grievously sinned in conquering them , zach. . . and i am very sore displeased with the heathen that are at ease : for i was but a little displeased , and they helped forward the affliction . so though iudah deserved to be made captives , and a conquered people , because of their idolatry , and other sinnes , as ieremiah had prophecied ; yet god was highly displeased at babylon for their unjust and bloody coneuest , jer. . , , , . c. . . the violence done to me and to my flesh , be upon babylon , shall the inhabitants of zion say ; and my blood upon the inhabitants of chaldea , shall jerusalem say . and that any other extraordinary impulsion to be as lawfull a call to the throne as the peoples free election , we know not from gods word , and we have but the naked word of our adversaries , that william the conquerour , without the peoples consent , made himselfe by blood , the lawfull king of england , and also of all their posteritie ; and that king fergus conquered scotland . . a king is a speciall gift of god , given to feed and defend the people of god , that they may lead a godly and peaceable life under him , isal . . v. , . tim. . . as it is a judgement of god , that israel's without a king for many dayes , hos . . . and that there is no iu●ge , no king , to put evill doers to shame , iudg. . . but if a king be given of god , as a king by the acts of a bloody conquest to be avenged on the sinfull land over which he is made a king , he cannot be given , actu primo , as a speciall gift and blessing of god to feed , but to murther and to destroy ; for the genuine end of a conqueror , as a conqueror , is not peace , but fire and sword . if god chang● his heart to be of a bloody vastator , a father , prince , and feeder of the people , ex officio , now he is not a violent conquerour and he came to that meeknes by contraries , which is the proper worke of the omnipotent god , and not proper to man , who as he cannot worke miracles , so neither can he lawfully worke by contraries : and so if conquest be a lawfull title to a crown , and an ordinary calling , as the opponents presume ; every bloody conquerour must be changed into a loving father , prince and feeder ; and if god call him , none should oppose him , but the whole land should dethrone their own native soveraigne ( whom they are obliged before the lord to defend ) and submit to the bloody invasion of a strange lord , presumed to be a just conqueror , as if he were lawfully called to the throne both by birth and the voyces of the people . and truly they deserve no wages , who thus defend the kings prerogative royall : for if the sword be a lawfull title to the crown , suppose the two generals of both kingdomes should conquer the most and the chiefest of the kingdome now when they have so many forces in the field , by this wicked reason the one should have a lawfull call of god to be king of england , and the other to be king of scotland ; which is absurd . . either conquest , as conquest , is a just title to the crown , or as a just conquest . if as conquest , then all conquests are just titles to a crown ; then the ammonites , zidonians , canaanites , edomites , &c. subduing gods people for a time , have just title to reigne over them ; and if absolom had been stronger then david , he had then had the just title to be the lords anointed and king of israel , not david ; and so strength actually prevailing , should be gods lawfull call to a crown . but strength , as strength victoriou● , is not law , nor reason : it were then reason that herod behead jo●● baptist , and the roman emperors kill the witnesses of christ ieus . if conquest , as just , be the title and lawfull claime before gods court , to a crown ; then certainly a stronger king for pregna●t nationall injuries , may lawfully subdue and reigne over an in●ocent posteritie not yet borne . but what word of god can , . wa●rant a posteritie not borne , and so accessarie to no offence against t●e conquerour ( but only sin originall ) to be under a conquerou● against their will , and who hath no right to reigne over them , but the bloody sword ? for so conquest , as conquest , not as just , maketh him king over the posteritity . but . the fathers may ingage the posterity by an oath to surrender themselvos as loyall subject ▪ to the man who justly and deservedly made the fathers vassals by the title of the sword of justice . i answer , the fathers may indeed dis●ose of the inheritance of their children , because that inheritance ●elongeth to the father as well ar to the sonne ; but because the liberty of the sonne being borne with the sonne , ( all men being bo●ne free from all civill subjection ) the father hath no more power to resigne the libertie of his children , then their lives ; and the father , as a father hath not power of the life of his child , as a magistrate he may have power , and as something more then a father , he may have power of life and death . i heare not what grotius saith , those who are not borne have no accidents , and so no rights , non entis nulla sunt accidentia ; then children not borne have neither right , nor liberty , and so no injury ( may some say ) can be done to children not borne , though the fathers should give away their liberty to the conquerour , those who are not capable of law , are not capable of injury contrary to law. ans . there is a virtuall alienation of rights and lives of children not borne unlawfull , because the children are not borne ; to say that children not borne , are not capable of law and injuries virtuall , which become reall in time might say , adam did not an injury to his posterity by his first sin , which is contrary to gods word : so those who vowed yearely to give seven innocent children to the minotaure to be devoured , and to kill their children not borne to bloody molech , did no acts of bloody injury to their children ; nor can any say then that fathers cannot tye themselves and their posterity to a king by succession , but i say , to be tyed to a lawfull king is no making away of liberty , but a resigning of a power to be justly governed , protected and awed from active and passive violence . . no lawfull king may be dethroned , nor lawfull kingdome dissolved ; but law and reason both saith , quod vi partum est imperium , vi dissolvi potest . every conquest made by violence may be dissolved by violence : censetur enim ipsa natura jus dare ad id omne , sine quo obtineri non potest quod ipsa imperat . it is objected , that the people of god by their sword conquered seven nations of the canaanites , david conquered the ammonites for the disgrace done to his embassadours . so god gave egypt to nebuchadnezar for his hire , in his service done against iudah ; had david no right ●ver the ammonites and moabites but by expecting their consent ? yee will say , a right to their lands , goods and lives , but not to challenge their morall subjection , well , we doubt not but such conquerours will challenge and obtain their morall consent ; but if the people refuse their consent , is there no way ? for providence giveth no right . so d. ferne , so arnisaeus . ans . a facto ad jus non valet consequentia , god , to whom belongeth the world and the fulnesse thereof , disponed to abraham and his seed the land of canaan for their inheritance , and ordained that they should use their bow and their sword , for the actuall possession thereof ; and the like divine right , had david to the edomites and ammonites , though the occasion of davids taking possession of these kingdoms by his sword , did arise from particular and occasionall exigences and injuries ; but it followeth in no sort , that therefore kings now wanting any word of promise , and so of divine right to any lands , may ascend to the throns of other kingdoms then their own , by no better title then the bloody sword . that gods will was the chief patent here , is clear , in that god forbad his people to conquer edom or esau's possession , when as he gave them command to conquer the ammorites . i doubt not to say , if joshua and david had had no better title , then their bloody sword , though provoked by injuries , they could have had no right to any kingly power over these kingdoms : and if onely successe by the sword , be a right of providence , it is no right of precept . gods providence , as providence without precept or promise , can conclude a thing is done , or may be done , but cannot conclude a thing is lawfully , and warrantably done , else you might say the selling of joseph , the crucifying of christ , the spoiling of job were lawfully done . . though conquerors extort consent , and oath of loyaltie ; yet that maketh not over a royall right to the conquerour , to be king over their posterity without their consent . . though the children of ammon did a high injury to david , yet no injury can be recompensed in justice with the pressure of the constrained subjection of loyaltie to a violent lord ; if david had not had an higher warrant from god then an injury done to his messengers , he could not have conquered them . but . the ammonites were the declared enemies of the church of god , and raised forces against david , when they themselves were the injurer's and offenders ; and if davids conquest will prove a lawfull title by the sword to all conquerours , then may all conquerours lawfully do to the conquered people , as david did ; that is , they may put them under saws , and under harrows of iron , and under axes of iron , and cause them passe through the brick-kilne . but i beseech you , will royalists say , that conquerours who make themselves kings by their sword , and so make themselves fathers , heads , defenders , and feeders of the people may use the extreamest tyranny in the world , such as david us●d against the children of ammon , which he could not have done , by the naked title of sword-conquest , if god had not laid a commandment of an higher nature on him to serve gods enemies so ? i shall then say , if a conquering king be a lawfull king , because a conquerour , then hath god made such a lawfull king , both a father , because a king , and a tyrant , and cruell , and lyon-hearted oppressour of these whom he hath conquered ; for god hath given him royall power by this example , to put these , to whom he is a father and defender by office , to torment , and also to be a torturer of them , by office , by bringing their backs under such instruments of crueltie , as saws and harrows of iron , and axes of iron . quest . xiii . whether or no royall dignitie have its spring from nature , and how that is true ( every man is born free ) and how servitude is contrary to nature ? i conceive it to be evident that royall dignity is not immediately , and without the intervention of the peoples consent given by god to any one person . . that conquest and violence , is no just title to a crown . now the question is , if royalty flow from nature , if royalty be not a thing meerly naturall , neither can subjection to royall power be meerly naturall ; but the former is rather civill , then naturall : and the question of the same nature is , whether subjection or servitude be naturall ? i conceive , that there be divers subjections to these that are above us , some way naturall , and therefore i rank them in order thus . . there is a subjection in respect of naturall being , as the effect to the cause , so though adam had never sinned , this morality of the fifth command , should have stood in vigour , that the son by nature , without any positive law , should have been subject to the father , because from him he hath his being , as from a second cause : but i much doubt , if the relation of a father , as a father , doth necessarily infer a royall or kingly authority of the father over the son ; or by natures law , that the father hath power of life and death over , or above his children , and the reasons i give , are , . because power of life and death is by a positive law , presupposing sin , and the fall of man ; and if adam standing in innocency , could lawfully kill his son , though the son should be a malefactor , without any positive law of god , i much doubt . . i judge , that the power royall , and the fatherly power of a father over his children , shall be found to be different , and the one is founded on the law of nature , the other to wit , royall power on a meere positive law. the . degree or order of subjection naturall , is a subjection in respect of gifts , or age : so aristotle , polit. cap. . saith , that some are by nature servants : his meaning is good , that some gifts of nature , as wisedom naturall , or aptitude to govern , hath made some men of gold , fitter to command , and some of iron , and clay , fitter to be servants and slaves . but i judge this title to make a king by birth , seeing saul whom god by supervenient gifts made a king , seemeth to ow small thanks to the womb , or nature , that he was a king , for his crueltie to the lords priests speaketh nothing but naturall basenesse . it s possible plato had a good meaning , dialog . . de legib . who made six orders here . . that fathers command their sons . . the noble the ignoble . . the elder the younger . . the masters the servants . . the stronger the weaker . . the wiser the ignorant . . aquinas . q. . art . . driedo de libert . christ . l. . pag. . following aristotle , polit . l. . c. . hold , though man had never sinned , there should have been a sort of dominion of the more gifted , and wiser , above the lesse wise and weaker , not antecedent from nature , properly , but consequent , for the utilitie and good of the weaker , in so far , as it is good for the weaker to be guided by the stronger , which cannot be denyed to have some ground in nature : but there is no ground for kings by nature here . . because , even these who plead , that the mothers womb must be the best title for a crown , and make it equivalent to royall unction , are to be corrected in memory , thus ; that it is meerly accidentall , and not naturall , for such a son to be born a king , because the free consent of the people making choice of the first father of that line to be their king , and in him making choice of the first born of the family , is meerly accidentall to father and son , and so cannot be naturall . . because royall gifts to reign are not holden by either us or our adversaries , to be the specifice essence of a king ; for if the people crown a person their king , say we , if the womb bring him forth to be a king ; say the opponents , he is essentially a king , and to be obeyed as the lords annointed , though nature be very parca , sparing , and a niggard in bestowing royall gifts : yea , though he be an idiot , say some , if he be the first born of a king , he is by just title a king , but must have curators and tutors to guide him , in the exercise of that royall right that he hath from the womb . but buchanan saith well ▪ he who cannot govern himself , shall never govern others . assert . de facto , as a man commeth into the world a member of a politick societie , he is by consequence borne subject to the laws of that societie ; but this maketh him not from the wombe and by nature subject to a king , as by nature he is subject to his father who begat him ; no more then by nature a lyon is borne subject to another king-lyon ; for it is by accident that he is borne of parents under subjection to a monarch , or to either democraticall or aristocraticall governours , for cain and abel were borne under none of these formes of government properly : and if he had been borne in a new planted colonie in a wildernesse , where no government were yet established , he should be under no such government . assert . slavery of servants to lords or masters , such as were of old amongst the iews , is not naturall , but against nature ; . because slaverie is malum naturae , a penall evill , and contrary to nature , and a punishment of sinne . . slaverie should not have been in the world , if man had never sinned , no more then there could have been buying and selling of men ; which is a miserable consequent of sin , and a sort of death , when men are put to the toyling paines of the hireling , who longeth for the shadow , and under iron harrowes and sawes , and to hew wood , and draw water continually . . the originall of servitude was , when men were taken in warre , to eschew a greater evill , even death , the captives were willing to undergoe a lesse evill , slaverie . s. servitus , . de jur . pers . . a man being created according to gods image , he is res sacrae , a sacred thing , and can no more by natures law be sold and bought , then a religious and sacred thing dedicated to god. s. . instit . do invtil . scrupl . l. inter stipulantem . s. sacram. f. de verber . obligat . assert . every man by nature is a freeman borne , that is , by nature no man commeth out of the wombe vnder any civill subjection to king , prince , or judge , to master , captaine , conquerour , teacher , &c. . because freedome is naturall to all , except freedome from subjection to parents : and subjection politick is meerly accidentall , comming from some positive lawes of men , as they are in a politique societie ; whereas they might have been borne with all concomitants of n●ure , though borne in a single familie , the only naturall and first societie in the world . . man is borne by nature free from all subjection , except of that which is most kindly and naturall , and that is fatherly or filial subjection , or matrimoniall subjection of the wife to the husband , and especially he is free of subjection to a prince by nature ; because to be under jurisdiction to a iudge or king , hath a sort of jurisdiction . argument . l. si quis sit fugitivus f. de edil . edict . in s. penult . vel fin . especially to be under penall lawes now in the state of sinne . the learned senator ferdinandus vasquez saith , l. . c. . n. . every subject is to lay down his life for the prince : now no man is borne under subjection to penall lawes or dying for his prince . . man by nature is borne free , and as free as beasts ; but by nature no beast , no lyon is born king of lyons ; no horse , no bullock , no eagle , king of horses , bullocks , eagles ; nor is there any subjection here , except that the young lyon is subject to the old , every soul to its damme , and by that same law of nature no man is borne king of men , nor any man subject to man in a civill subjection by nature , ( i speake not of naturall subjection of children to parents ) and therefore ferdi. vasquez . illustr . quest . l. . c. . n. . said that kingdomes and empires were brought in , not by natures law , but by the law of nations : he expoundeth himself elsewhere to speak of the law of nature secondary , otherwise the primarie law of nations is indeed the law of nature , as appropriated to man. if any reply , that the freedome naturall of beasts and birds who never sinned , cannot be one with the naturall freedome of man who are now under sin , and so under bondage for sin : my answer is , that the subjection of the miserie of man by nature , because of sinne , is more then the subjection of beasts , comparing spece and kind of beasts and birds with mankind , but comparing individuals of the same kinde amongst themselves , a lyon with lyon , eagle with eagle , and so man with man ; in which respect , because he who is supposed to be the man borne free from subjection politike , even the king borne a king , is under the same state of sin , and so by reason of sinne , of which he hath a share equally with all other men by nature , he must be , by nature , borne under as great subjection penall for sinne ( except the king be borne voyd of sinne ) as other men ; ergo , he is not borne freer by nature then other men , except he come out of the wombe with a kings crown on his head . . to be a king , is a free gift of god , which god bestoweth on some men above others , as is evident , sam. . , . psal . . . dan. . . and therefore all must be borne kings , if any one man be by nature a king borne , and another a borne subject . but if some be by gods grace made kings above others , they are not so by nature ; for things which agree to man by nature , agree to all men equally ; but all men equally are not borne kings , as is evident ; and all men are not equally borne by nature under politique subjection to kings , as the adversaries grant ; because those who are by nature kings , cannot be also by nature subjects . . if men be not by nature free from politique subjection , then must some , by the law of relation , by nature be kings ; but none are by nature kings , because none have by nature these things which essentially constitute kings , for they have neither by nature the calling of god , nor gifts for the throne ; nor the free election of the people , nor conquest : and if there be none a king by nature , there can be none a subject by nature . and the law faith , omnes sumus naturâ liberi , nullius ditioni subjecti . l. manu●iss . f. de just . & jur . s. jus autem gentium , ius . de jur . nat . we are all by nature free . and d. l. ex h●c jure cum simil . . politicians agree to this as an undeniable truth , that as domestick society is naturall , being grounded upon natures instinct ; so politique societie is voluntary , being grounded on the consent of men ; and so politique societie is naturall , in radice , in the root , and voluntary and free , in modo , in the manner of their union : and the scripture cleareth to us , that a king is made by the free consent of the people , deut. . . and so not by nature . . what is from the wombe , and so naturall , is eternall , and agreeth to all societies of men : but a monarchie agreeth not to all societies of men ; for many hundred years de facto , there was not a king , till nimrods time , the world being governed by families , and till moses his time we find no institution for kings , gen. . and the numerous multiplication of mankind did occasion monarchies , otherwise fatherly government being the first , and measure of the rest , must be the best ; for it is better that my father governe me , then that a stranger governe me ; and therefore the lord forbad his people to set a stranger over themselves to be their king. the p. prelate contendeth for the contrary . every man ( saith he ) is borne subject to his father , of whom immediately he hath his existence in nature : and if his father be the subject of another , he is borne the subject of his fathers superiour . answ . but the consequence is weake , every man is borne under naturall subjection to his father , ergo he is borne naturally under civill subjection to his fathers superiour or king , it followeth not ; yea because his father was borne only by nature subject to his owne father , ergo he was subject to a prince or king only by accident , and by the free constitution of men who freely choose politick government , whereas there is no government naturall , but fatherly or martiall , and therefore the contradictory consequence is true . p. prelat . obj. . every man by nature hath immunity and liberty from despoticall and herill empire , and so may dispose of his owne at will , and cannot inslave himselfe without his owne free will ; but god hath laid and cannot inslave himselfe without his owne free will ; but god hath laid a necessity on all men to be under government , and nature also laid this necessity on him , therefore this soveraignty cannot protect us in righteousnesse and honesty , except it be intirely indowed with soveraigne power to preserve it selfe , and protect us . ans . the prelate here deserteth his owne consequence , which is strong against himselfe , for if a man be naturally subject to his fathers superiour , as he said before , why is not the sonne of a slave naturally subiect to his fathers superiour & master ? . as a man may not make away his liberty without his own consent , so can he not without his owne consent give his liberty to be subject to penall lawes , under a prince without his owne consent , either in his fathers or in the representative society in which he liveth . . god and nature hath laid a necessity on all men to be under government , a naturall necessity from the wombe to be under some government , to wit , a paternall government , that is true ; but under this government politique , and namely under soveraignty , it is false ; and that is but said , for why is he naturally under soveraignty rather then aristocracy ? i beleeve any of the three formes are freely chosen by any society . it is false that one cannot defend the people , except he have intire power , that is to say , he cannot doe good , except he have a vast power to doe both good and ill . obj. . it is accidentall to any to render himselfe a slave , being occasioned by force or extreame indigence , but to submit to government congrnous to the condition of man , and is necessary for his happy being , and naturall , and necessary by the inviolable ordinance of god and nature . ans . if the father be a slave , it is naturall and not accidentall , by the prelates logick , to be a slave . . it is also accidentall to be under soveraignty , and sure not naturall , for then aristocracy and democracy must be unnaturall , and so unlawfull governments . . if to be congruous to the condition of man be all one with naturall man ( which he must say if he speake sense ) to beleeve in god , to be an excellent mathematician , to swim in deepe waters , being congruous to the nature of man , must be naturall . . man by nature is under government paternall , not politique properly , but by the free consent of his will. obj. . luke . . christ himselfe was 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 subject to his parents , the word that is used , rom. . ergo none is exempted from subjection to lawfull government , ans . we never said , that any was exempted from lawfull goverment ; the prelate and his fellow iesuites teach that the clergy is exempted from the lawes of the civill magistrate , not we ; but because christ was subject to his parents , and the same word is used , luk. . that is , rom. . it will not follow therefore , men are by nature subject to kings , because they are by nature subject to parents . obj. . the father had power over the children by the law of god and nature to redeeme himselfe from debt , or any distressed condition , by inslaving his children begotten of his owne body , if this power was not by the right of nature , and by the warrant of god , i can see no other , for it could not be by mutuall and voluntary contract of children and fathers , ans . . shew a law of nature , that the father might inslave his children by a divine positive law presupposing sin , the father might doe that , and yet i thinke that may be questioned , whether it was not a permission rather then a law , as was the bill of devorce , but a law of nature it was not . . the p. prelate can see no law but the law of nature here , but it is because he is blind or will not see ; his reason is , it was not by mutuall and voluntary contract of children and fathers , ergo it was by the law of nature ; so he that cursed his father was to dye by gods law. this law was not made by mutuall consent betwixt the father and the sonne , ergo it was a law of inature , the prelate will see no better . nature will teach a man to inslave himselfe to redeeme himselfe from death , but that it is a dictate of nature that a man should inslave his sonne , i conceive not . . what can this prove , but that if the sonne may by the law of nature , be inslaved for the father , but that the sonne of a slave is by nature under subjection to slavery , & that by natures law , the contrary whereof he spake in the page preceding , and in this same page . as for the argument of the prelate to answer suarez , who laboureth to prove monarchy not to be naturall , but of free consent , because it is various in sundry nations , it is the iesuites argument , not ours ▪ i owne it not . let iesuites plead for iesuites . quest . xiiii . whether or no the people make a person their king conditionally , or absolutely ? and whether there be such a thing as a covenant tying the king no lesse then his subjects ? there is a covenant naturall and a covenant politick and civill , there is no politick or civill covenant betwixt the king and his subjects , because there be no such equality ( say royalists ) betwixt the king and his people , as that the king can be brought under any civill or legall obligation in mans court , to either necessitate the king civilly to keepe an oath to his people , or to tye him to any punishment , if he faile , yet ( say they ) he is under naturall obligation ●n gods court to keepe his oath , but he is comptible only to god , if he violate his oath . asser . . there is an oath betwixt the king and his people , laying on , by reciprocation of bands , mutuall civill obligation upon the king to the people , and the people to the king , sam. . . so ●ll the elders of israel came to the king to hebron , and king david made a covenant with them in hebron before the lord , and they anuoynted david king over israel , chron. . . and david made a covenant with them before the lord , and they annoynted david king over israel , according to the word of the lord by samuel , chron. . . and they went about in iudah and gathered the levites out of all the cities of iudah , and the chiefe of the fathers of israel , and they c●me to ierusalem . . and all the congregation made a covenant with the king ioash in the house of god , king. . . and jehoiada made a covenant betwixt the lord and the king , and the people that they should be the lords people , between the king also and his people , eccles . . . i counsell thee to keepe the kings commandement , and that in regard of the oath of god ; then it is evident there was a covenant betwixt the king and the people . . that was not a covenant that did tye the king to god onely , and not to the people , . because the covenant betwixt the king and the people is clearly differenced from the kings covenant with the lord , king. . . . there were no necessity that this covenant should be made publickly before the people , if the king did not in the covenant tye and oblige himselfe to the people ; nor needed it be made solemnly before the lord is the house of god. . it is expresly a covenant , that was between ioash the king and his people , and david made a covenant at his coronation with the princes and elders of israel ; therefore the people give the crown to david covenant-wise , and upon condition that he should performe such and such duties to them ; and this is cleare by all covenants in the word of god , even the covenant between god and man is so mutuall ; i will be your god , and yee shall be my people . the covenant is so mutuall , that if the people breake the covenant , god is loosed from his part of the covenant , zach. . v. . . the covenant giveth to the beleever a sort of action of law , and jus quoddam , to plead with god , in respect of his fidelity to stand to that covenant that bindeth him by reason of his fidelity , esay . . es . . . daniel . , . and farre more a covenant giveth ground of a civill action and claime to a people and the free estates against a king , seduced by wicked counsell to make war against the land , whereas he did sweare by the most high god , that he should be a father and protector of the church of god. . all covenants and contracts between man and man , yea all solemne promises bring the covenante●s under a law , and a claime before men , if the oath of god be broken as the covenant betwixt abraham and abimelech , gen. . . ionathan and david , i sam. . . the spies professe to rahab in the covenant that they made with him , iosh . . v. . and if thou utter this our businesse ( say they ) we will be quit of thine oath , which thou hast made us to swear . there be no mutuall contract made upon certain conditions , but if the conditions be not fulfilled , the party injured is loosed from the contract . barclay saith , that this covenant obligeth the king to god , but not the king to the people . ans . it is a vaine thing to say that the people and the king make a covenant , and that david made a covenant with the elders and princes of israel ; for if he be obliged to god only , and not to the people by a covenant made with the people , it is not made with the people at all , nay , it is no more made with the people of israel , nor with the chaldeans , for it bindeth david no more to israel , nor to chaldea , as a covenant made with men . arnisaeus saith , when two parties contract , if one performe the duty , the other is acquitted . sect. ex hujusmod ubi vult just . de duob . reis , l. . f. because every one of them are obliged fully . sect. . iust . cod . to god , to whom the oath is made ( for that is his meaning ) and if either the people performe what is sworne to the lord , or the king , yet one of the parties remaineth still under obligation , and neither doth the peoples obedience exempt the king from punishment , if he faile , nor the kings obedience exempt the people , if they faile , but every one beareth the punishment of his owne sin ; and there is no mutuall power in the parties to compell one another to performe the promised duty , because that belongeth to the pretor or magistrate , before whom the contract was made . the king hath jurisdiction over the people , if they violate their oath , but the people hath no power over the prince , and the ground that arnisaeus layeth downe is that , . the king is not a party contracting with the people , as if there were mutuall obligations betwixt the king and the people , and a mutuall coactive power ▪ on either side . . that the care of religion belongeth not to the people , for that hath no warrant in the word ( saith he ) . we read not that the people was to command and compell the priests and the king to reforme religion and abolish idolatry , as it must follow , if the covenant be mutuall . . iehoiada , king. . obligeth himselfe and the king , and the people , by a like law to serve god , and here be not two parts , but three ; the high priest , the king , the people , if this example prove any thing . . both king and people shall finde the revenging hand of god against them , if they faile in the breach of their oath ; but with this difference , and every one of the two , king and people by the oath stand obliged to god , the king for himselfe , and the people for themselves , but with this difference , the king oweth to god proper and due obedience as any of the subjects , and also to governe the people according to gods true religion , deut. . chro. . and in this the kings obligation differeth from the peoples obligation , the people , as they would be saved must serve god , and the king for the same cause , sam. . but besides this , the king is obliged to rule and governe the people , and keepe them in obedience to god ; but the people is not obliged to governe the king , and keepe him in obedience to god , for then the people should have as great power of jurisdiction over the king , as the king hath o-over the people , which is against the word of god , and the examples of the kings of iudah ; but this commeth not from any promise or covenant that the king hath made with the people , but from a peculiar obligation whereby he is obliged to god as a man , not as a king. this is the mystery of the businesse , but i oppose this in these assertions . . assert . as the king is obliged to god for the maintenance of true religion , so are the people and princes no lesse in their place obliged to maintaine true religion , for . the people are rebuked because they burnt incense in all high places , king. . . chron. . . hos . . . and the reason why the high places are not taken away , chro. . . is given , for as yet the people had not prepared their heart unto the god of their fathers ; but you will reply , elicite acts of maintenance of true religion are commanded to the people , and that the places prove ; but the question is de actibus imperatis , of commanded acts of religion , sure none but the magistrate is to command others to worship god according to his word . i answer , in ordinary only , magistrates ( not the king only ) but all the princes of the land , and iudges are to maintaine religion by their commandements , deut. . . chro. . . deut. . . eccles . . . hab. . . mic. . . zach. . . hos . . . . and to take care of religion ; but when the iudges decline from gods way , and corrupt the law , we finde the people punished and rebuked for it , ier. . . and i will cause them to be removed to all kingdomes of the earth , because of manasseh the sonne of hezekiah king of iudah , for that which he did in ierusalem , sam. . . only feare the lord — . but if yee doe still wickedly , yee shall be consumed , both yee and your king. and this case ● grant is extraordinary , yet so as iunius brutus proveth well and strongly , that religion is not given only to the king , that he only should keep● it , but to all the inferiour iudges and people also in their kind ; but because the estates never gave the king power to corrupt religion , and presse a false and idolatrous worship upon them , therefore when the king defendeth not true religion , but presseth upon the people a false and idolatrous religion , in that they are not under the king , but are presumed to have no king eatenus so farre , and are presumed to have the power in themselves , as if they had not appointed any king at all : as if we presume the body had given to the right hand a power to ward off strokes , and to defend the body , if the right hand should by a palsie , or some other disease become impotent , and be withered up ; when ill is comming on the body , it is presumed that the power of defence is recurred to the left hand , and to the rest of the body to defend it selfe , in this case as if the body had no right hand , and had never communicated any power to the right hand at all . so if an incorporation accused of treason , and in danger of the sentence of death ▪ shall appoint a lawyer to advocate their cause , and to give in their just defences to the iudge ; if their advocate be stricken with dumbnesse , because they have losed their legall and representative tongue , none can say that this incorporation hath loosed the tongues that nature hath given them , so as by natures law they may not plead in their own just & lawfull defence , as if they had never appointed the foresaid lawyer to plead for them . the king , as a man , is not more obliged to the publick and regall defence of the true religion , then any other man of the land ; but he is made by god and the people king , for the church and people of god's sake , that he may defend true religion , for the behalfe and salvation of all . if therefore he defend not religion for the salvation of the soules of all in his publick and royall way , it is presumed as undeniable , that the people of god , who by the law of nature are to care for their own soule , are to defend in their way , true religion , which so nearly concerneth them and their eternall happinesse . assert . when the covenant is betwixt god , on the one part , and the king , priests , and people on the other part , it is true , if the one performe for his part to god , the whole duty , the other is acquitted ; as if two men be indebted to one man ten thousand pounds , if the one pay the whole summe , the other is acquitted : but the king and people are not so , contracting parties in covenant with god , as that they are both indebted to god for one and the same sum of compleat obedience , so as if the king pay the whole summe of obedience to god , the people is acquitted ; and if the people pay the whole summe , the king is acquitted : for every one standeth obliged to god for himselfe ; for the people must doe all that is their part , in acquitting the king from his royall duty , that they may free him and themselves both from punishment , if he disobey the king of kings : nor doth the kings obedience acquit the people from their duty . and arnisaeus dreamed , if he believed that we make king and people this way partie contractors in covenant with god. nor can two co-partners in covenant with god , so mutually compell one another to doe their duty ; for we hold , that the covenant is made betwixt the king and the people , betwixt mortall men ; but they both bind themselves before god to each other . but , saith arnisaeus , it belongeth to a pretor or ruler , who is above both king and people , to compell each of them ; the king to performe his part of the covenant to the people , and the people to performe their part of the covenant to the king. now there is no ruler but god , above both king and people . but let me answer : the consequence is not needfull , no more then when the king of iudah and the king of israel make a covenant to perform mutuall duties one to another : no more then it is necessarie that there should be a king and superior ruler above the king of israel and the king of iudah , who should compell each one to doe a duty to his fellow king ; for the king and people are each of them above , and below others in divers respects : the people , because they create the man king , they are so above the king , and have a virtuall power to compell him to doe his duty : and the king , as king , hath an authoritative power above the people , because royaltie is formally in him , and originally and virtually only in the people ; therefore may he compell them to their duty , as we shall heare anon ; and therefore there is no need of an earthly ruler higher then both , to compell both . assert . we shall hereafter prove the power of the people above the king , god willing . and so it is false that there is not mutuall coactive power on each side . assert . the obligation of the king in the covenant , floweth from the peculiar obligation nationall betwixt the king and the estates , and it bindeth the king , as king , and not simply as he is a man. . because it is a covenant betwixt the people and david , not as he is the sonne of jesse , for then it should oblige eliab , or any other of davids brethren ; yea , it should oblige any man , if it oblige david as a man : but it obligeth david as a king , or as he is to be their king , because it is the specifice act of a king , that he is obliged unto , to wit , to governe the people in righteousnesse and religion with his royall power . and so it is false that arnisaeus saith , that the king , as a man , is obliged to god by this covenant , not as a king. . he saith , by covenant the king is bound to god as a man , not as a king. but so the man will have the king , as king , under no law of god , and so he must either be above god , as king , or coequall with god ; which are manifest blasphemies : for i thought ever , the royalists had not denyed , but the king , as king , had been obliged to keep his oath to his subjects , in relation to god , and in regard of naturall obligation ; so as he ●mneth before god , if he breake his covenant with his people : though they deny that he is obliged to keep his covenant in relation to his subjects , and in regard of politique or civill obligation to men . sure i am , this the royalists constantly teach . . he would have this covenant so made with men , as it obligeth not the king to men , but to god. but the contrary is true . beside the king and the peoples covenant with the lord , king joash made another covenant with the people , and jehoiada the priest was only a witnesse , or one who in gods name performed the rite of annointing , otherwise he was a subject on the peoples side , obliged to keep allegiance to joash , as to his soveraigne and master . but certainly , who ever maketh a covenant with the people , promising to governe them according to gods word , and upon that condition and these termes receiveth a throne and crown from the people , he is obliged to what he promiseth to the people , omnis promittens facit alteri , cui promissio facta est , jus in promittent●m ; who ever maketh a promise to another , giveth to that other a sort of right or jurisdiction to challenge the promise . the covenant betwixt david and israel were a shadow , if it tye the people to allegiance to david as their king , and if it tye not david as king to govern them in righteousnesse ; but leave david loose to the people , and only tye him to god ; then it is a covenant betwixt david and god only : but the text saith , it is a covenant betwixt the king and the people , king. . . sam. . . hence our second argument . he who is made a minister of god , not simply , but for the good of the subject ; and so he take heed to walk in gods law as a king , and governe according to gods will , he is in so far only made king by god , as he fulfilleth the condition ; and in so far as he is a minister for evill to the subject , and ruleth not according to that which the book of the law commandeth him as king , in so far he is not by god appointed king and ruler , and so must be made a king by god conditionally : but so hath god made kings and rulers , rom. . . chron. . . ps . . , . sam. . . chron. . , , . this argument is not brought to prove that jeroboam or saul leave off to be kings , when they faile in some part of the condition ; or as if they were not gods vicegerents to be obeyed in things lawfull , after they have gone on in wicked courses : for , the people consenting to make saul king , they give him the crown , pro hac vice , at his entry , absolutely : there is no condition required in him before they make him king , but only that he covenant with them to rule according to gods law : the conditions to be performed , are consequent , and posterior to his actuall coronation , and his sitting on the throne . but the argument presupposing that which the lords word teacheth , to wit , that the lord and the people giveth a crown by one and the same action ; for god formally maketh david a king by the princes and elders of israels choosing of him to be their king at hebron ; and therefore seeing the people maketh him a king covenant-wise , and conditionally , so he rule according to gods law , and the people resigning their power to him for their safety , and for a peaceable and godly life under him , and not to destroy them , and tyrannize over them ; it is certain god giveth a king that same way , by that same very act of the people ; and if the king tyrannize , i cannot say it is beside the intention of god making a king , not yet beside his intention as a just punisher of their transgressions ; for to me as i conceive , nothing either good or evill falleth out beside the intention of him , who doeth all things according to the pleasure of his will ; if then the people make a king as a king conditionally for their fafety , and not for their destruction ( for as a king he saveth , as a man he destroyeth , and not as a king and father ) and if god by the peoples free election make a king , god maketh him a king conditionally , and so by covenant ; and therefore when god promiseth sam. . . chron. . , , . to davids seed , and to solomon a throne , he promiseth not a throne to them immediatly , as he raised up prophets and apostles , without any mediate action and consent of the people , but he promiseth a throne to them by the mediate consent , election , and covenant of the people ; which condition and covenant he expresseth in the very words of the people , covenant with the king , so they walke as kings in the law of the lord , and take heed to gods commandements and statutes to doe them ▪ obj. but then solomon falling in love with many outlandish women , and so not walking according to gods law , loseth all royall dignity and kingly power , and the people is not to acknowledge him as king , since the kingly power was conferred upon him , rather then adonijah , upon such a condition , which condition not being performed by him , it is presumed that neither god , nor the people under god , as gods instruments in making king , conferred any royall power on him . ans . it doth not follow , that solomon falling in love with strange women doth lose royall dignity , either in the court of heaven , or before men ; because the conditions of the covenant upon which god by the people made him king must be exponed by the law , deut. . now that cannot beare , that any one act contrary to the royall office , yea that any one or two acts of tyranny doth denude a man of the royall dignity that god and the people gave him , for so david committing two acts of tyranny , one of taking his owne faithfull subjects wife from him , and another in killing himselfe , should denude himselfe of all the kingly power that he had , and that therefore the people after his adultery and murther were not to reknowledge david as their king , which is most absurd ; for as one single act of unchastity is indeed against the matrimoniall covenant , and yet doth not make the woman no wife at all , so it must be such a breach of the royall covenant , as maketh the king no king , that anulleth the royall covenant , and denudeth the prince of his royall authority and power , that must be interpreted a breach of the oath of god , because it must be such a breach upon supposition , whereof the people would not have given the crowne , but upon supposition of his destructivenesse to the common-wealth , they would never have given to him the crowne . obj. . yet at least it will follow , that saul after he is rejected of god for disobedience , in not destroying the amalekites , as samuel speaketh to him , sam. . is no longer to be acknowledged king by the people , at least after he committeth such acts of tyranny , as are . sam. . , , , . &c. and after he had killed the priests of the lord , and persecuted innocent david without cause , he was no longer either in the court of heaven , or the court of men to be acknowledged as king , seeing he had manifestly violated the royall covenant made with the people , sam. . v. , . and yet after those breaches david acknowledgeth him to be his prince , and the lords annoynted . ans . the prophet samuel his threatning , sam. . is it not exponed of actuall unkinging and rejecting of saul at the present ; for after that , samuel both honoured him as king before the people , and prayed for him , and mourned to god on his behalfe as king , sam. . . . but the threatning was to have effect in gods time , when he should bring david to the throne , as was prophesied , upon occasion of lesse sinne , even his sacrificing and not waiting the time appointed , as god had commanded , sam. . v. , . . the people and davids acknowledgment of saul to be the lords annoynted , and a king , after he had committed such acts of tyranny as seeme destructive of the royall covenant , and inconsistent therewith , cannot prove that saul was not made king by the lord , and the people , conditionally , and that for the peoples good and safety , and not for their destruction ; and it doth well prove that those acts of blood and tyranny committed by saul , were not done by him as king , or from the principle of royall power given to him by god and the people . . that in these acts they were not to acknowledge him as king. . that these acts of blood were contrary to the covenant that saul did sweare at his inauguration , and contrary to the conditions that saul in the covenant tooke on him to perform at the making of the royall covenant . . they prove not but the states who made saul king , might lawfully dethrone him , and annoint david their king. but david had reason to hold him for his prince , and the lords anointed , so long as the people recalled not their grant of royall dignity , as david or any man is obliged to honour him as king whom the people maketh king , though he were a bloodier and more tyrannous man then saul . any tyrant standeth in titulo , so long as the people and estates who made him king , have not recalled their grant ; so as neither david , nor any single man , though six hundred with him , may unking him , or detract obedience from him as king ; so , many acts of disloyaltie , and breaches of lawes in the subjects , though they be contrary to this covenant that the states make with their prince , doth not make them to be no subjects : and the covenant mutuall standeth thus . arg. if the people as gods instruments , bestow the benefit of a crown on their king , upon condition that he will rule them according to gods word ; then is the king made king by the people conditionally : but the former is true ; ergo , so is the latter . the assumption is proved thus : because to be a king , is to be an adopted father , tutor , a politick servant and royall watchman of the state ; and the royall honour , and royall maintenance given to him , is a reward of his labours , and a kingly hire . and this is the apostles argument , rom. . . for this cause pay you tribute also ; ( there is the wages ) for they are gods ministers , attending continually upon this very thing ; there is the worke . qui non implet conditionem à se promissam , cadit benefi●io . it is confirmed thus . the people either maketh the man their prince conditionally , that he rule according to law ; or absolutely , so that he rule according to will or lust : or , . without any vocall transactions at all , but only brevi manu , say , reigne thou over us , and , ( god save the king. ) and so there be no conditions spoken on either side ; or , . the king is obliged to god for the condition which he promiseth by oath to performe toward the people ; but he is to make no reckoning to the people , whether he performe his promise or no ; for the people being inferiour to him , and he , solo deo minor , only next and immediate to god , the people can have no jus , no law over him by vertue of any covenant . but the first standing , we have what we seeke ; the second is contrary to scripture . he is not deut. . , . made absolutely a king to rule according to his will and lust ; for , [ reigne thou over us ] should have this meaning ; come thou and play the tyrant over us , and let thy lust and will be a law to us : which is against naturall sense : nor can the sense and meaning be according to the third , that the people without any expresse , vocall , and positive covenant , give a throne to their king to rule as he pleaseth ; because , . it is a vain thing for the prelate and other mancipia aulae , court-bellies , to say scotland and england must produce a written authentick covenant betwixt the first king and their people , because , say they , it s the lawes word , de non apparentibus & non existentibus eadem lex ; that covenant which appeareth not , it is not . for in positive covenants that is true , and in such contracts as are made according to the civill or municipall lawes , or the secondary law of nations : but the generall covenant of nature is presupposed in making a king , where there is no vocall or written covenant , if there be no conditions betwixt a christian king and his people , then those things which are just and right according to the law of god , and the rule of god in moulding the first king , are understood to regulate both king and people , as if they had been written : and here we produce our written covenant , deut. . . josh . . , . ▪ chr. ▪ . . because this is as much against the king as the people , and more ; for if the first king cannot bring forth his written and authentick tables to prove that the crown was given to him and his heires , and his successors absolutely and without any conditions , so as his will shall be a law , ca lit causa , he loseth his cause ( say they ) the king is in possession of the royall power absolutely , without any condition , and you must put him from his possession by a law . i answer , this is most false ; . though he were in mala fide , and in unjust possession , the law of nature will warrant the people to repeal their right , and plead for it , in a matter which concerneth their heads , lives , and soules ▪ . the parliaments of both kingdomes standing in possession of a nomothetick power to make lawes , proveth cleerely that the king is in no possession of any royall dignitie conferred absolutely and without any condition upon him : and therefore it is the kings part by law to put the estates out of possession . and so though there were no written covenant , the standing law and practice of many hundreth acts of parliament , is equivalent to a written covenant . . when the people appointeth any to be their king , the voyce of nature exponeth their deed , though there be no vocall or written covenant ; for that fact of making a king , is a morall lawfull act warranted by the word of god , deut. . , . rom. . . . and the law of nature : and therefore they having made such a man their king , they have given him power to be their father , feeder , healer , protector ; and so must only have made him king conditionally , so he be a father , a feeder , and tutor . now if this deed of making a king , must be exponed to be an investing with an absolute , and not a conditionall power ; this fact shall be contrary to scripture , and to the law of nature : for if they have given him royall power absolutely , and without any condition , they must have given to him power to be a father , protector , tutor , and to be a tyrant , a murtherer , a bloody lyon to waste and destroy the people of god. . the law permitteth the bestower of a benefit to interpret his own mind in the bestowing of a benefit , even as a king and state must expone their own commission given to their ambassadour , so must the estates expone whether they bestowed the crown upon the first king conditionally or absolutely . for the th . if it stand , then must the people give to their first elected king a power to wast and destroy themselves , so as they may never controle it , but only leave it to god and the king to reckon together , but so the condition is a chimera ( we give you a throne , upon condition you swear by him who made heaven and earth , that you will govern us according to gods law ; and you shall be answerable to god only , not to us , whether you keep the covenant you make with us ▪ or violate it ; ) but how a covenant can be made with the people , and the king obliged to god , not to the people , i conceive not . . this presupposeth that the king as king cannot doe any sin , or commit any act of tyranny against the people , but against god only ; because if he be obliged to god only as a king by vertue of his covenant : how can he faile against an obligation where there is no obligation ? but as a king he owe no obligation of duty to the people , and indeed so doe our good men expound that psal . . against thee , thee only have i sinned , not against vriah ; for if he sinned not as king against vriah , whose life he was obliged to conserve as a king , he was not obliged as a king by any royall duty to conserve his life . where there is no sin , there is no obligation not to sin , and where there is no obligation not to sin , there is no sin : by this the king as king is loosed from all duties of the second table , being once made a king , he is above all obligation to love his neighbour as himselfe , for he is above all his neighbours , and above all mankind , and only lesse then god. . arg. if the people be so given to the king , that they are committed to him as a pledge , oppignorated in his hand , as a pupill to a tutor , as a distressed man to a patron , as a flocke to a shepheard ; and so as they remaine the lords church , his people , his flocke , his portion , his inheritance , his vineyard , his redeemedones , then they cannot be given to the king as oxen and sheepe , that are freely gifted to a man ; or as a gift or summe of gold or silver , that the man to whom they are given may use , so that he cannot commit a fault against the oxen , sheepe , gold or mony , that is given to him , how ever he shall dispose of them . but the people are given to the king to be tutored and protected of him , so as they remaine the people of god , and in covenant with him , and if the people were the goods of fortune ( as heathens say ) he could no more sinne against the people then a man can sin against his gold ; now though a man by adoring gold , or by lavish profusion and wasting of gold may sin against god , yet not against gold ; nor can he be in any covenant with gold , or under any obligation of either duty or sin to gold , or to livelesse and reasonlesse creatures properly , therefore he may sin in the use of them , and yet not sin against them , but against god. hence of necessity the king must be under obligation to the lords people in another manner , then that he should only answer to god , for the losse of men , as if men were worldly goods under his hand , and as if being a king he were now by this royall authority priviledged from the best ▪ halfe of the law of nature , to wit , from acts of mercy , and truth , and covenant keeping with his brethren . . arg. if a king because a king were priviledged from all covenant obligation to his subjects , then could no law of men lawfully reach him for any contract violated by him , then he could not be a debtor to his subjects , if he borrowed mony from them , and it were utterly unlawfull either to crave him mony , or to sue him at law for debts , yet our civill lawes of scotland tyeth the king to pay his debts , as any other man ; yea and king solomons traffiquing , and buying and selling betwixt him and his owne subjects would seeme unlawfull ; for how can a king buy and sell with his subjects if he be under no covenant obligation to men , but to god only . yea then a king could not marry a wife , for he could not come under a covenant to keepe his body to her only , nor if he committed adultery , could he sin against his wife , because being immediate unto god , and above all obligation to men , he could sin against no covenant made with men , but only against god. . if that was a lawfull covenant made by asa , and the states of iudah , chron. . . that whosoever would not seeke the lord god of their fathers , should be put to death , whether small or great , whether man or woman : this obligeth the king for ought i see , and the princes , and the people , but it was a lawfull covenant , ergo the king is under a covenant to the princes and iudges , as they are to him ; it is replyed , if a master of a schoole should make a law , whoever shall goe out at the schoole doores without liberty obtained of the master , shall be whipped , it will not oblige the schoole-master that he shall be whipped , if he goe out at the schoole doores without liberty ; so neither doth this law oblige the king the supreame law-giver . ans . suppose that the schollars have no lesse hand and authority magisteriall in making the law , then the schoole-master , as the princes of iudah had a collaterall power with king asa about that law ; it would follow , that the schoole-master is under the same law . . suppose going out at schoole doores were that way a morall neglect of studying in the master , as it is in the scholars , as the not seeking of god is as hainous a sinne in king asa , and no lesse deserving death then it is in the people ; then should the law oblige schoolmaster and scholler both without exception . . the schoolemaster is clearely above all lawes of discipline which he imposeth on his scholars , but none can say that king asa was clearely above that law of seeking of the lord god of his fathers . diodorus siculus , l. . saith , the kings of persia were under an oath , and that they might not change the lawes ; and so were the kings of egypt and ethiopia . the kings of sparta , which aristotle calleth just kings , renew their oath every moneth . romulus so covenanted with the senate and people . carolus v. austriacus , sweareth he shall not change the lawes , without the consent of the electors , nor make new lawes , nor dispose or impledge any thing that belongeth to the empire . so read we , spec. saxon. l. . act. . and xenophon cyriped . l. . saith , there was a covenant between cyrus and the persians . the nobles are crowned when they crown their king , and exact a speciall oath of the king. so doth england , polonia , spaine , arragonia , &c. alberi . gentilis . hug. grotius , prove that kings are really bound to performe oathes and contracts to their people ; but notwithstanding there be such a covenant , it followeth not from this , saith arnisaeus , that if the prince breake his covenant and rule tyrannically , the people shall be free , and the contract or covenant nothing . ans . the covenant may be materially broken , while the king remaineth king , and the subjects remaine subjects , but when it is both materially and formally declared by the states to be broken , the people must be free from their allegiance ; but of this more hereafter . arg. . if a master bind himselfe by an oath to his servant , he shall not receive such a benefit of such a point of service ; if he violate the oath , his oath must give his servant law and right , both to challenge his master , and he is freed from that point of service ; an army appointeth such a one their leader and captaine , but they refuse to doe it , except he sweare he shall not betray them to the enemy , he doth betray them , then must the souldiers be loosed from that contract ; if one be appointed pilate of a ship , and not but by an oath , if he sell the passengers to the turke , they may challenge the pilate of his oath ; and it is cleare that . the estates should refuse to give the crown , to him who would refuse to governe them according to gods law , but should professe that he would make his owne will a law , therefore the intention of the oath is clearely conditionall . . when the king sweareth the oath , he is but king in fieri , and so not as king above the states of kingdomes , now his being king doth not put him in a case above all civill obligation of a king to his subjects , because the matter of the oath is , that he shall be under them so farre , in regard of the oath of god. arg. . if the oath of god made to the people doe not bind him to the people to governe according to law , and not according to his will and lust , it should be unlawfull for any to sweare such an oath , for if a power above law agree essentially to a king as a king , as royalists hold , he who sweareth such a oath , should both sweare to be a king to such a people , and should sweare to be no king in respect by his oath he should renounce that which is essentiall to a king. arnisaeus objecteth ; ex particularibus non potest colligi conclusio universalis , some few of the kings , as david & ioash , made a covenant with the people ; it followeth not that this was a universall law . ans . yea , the covenant is deut. . and must be a rule to all ; if so just a man as david was limited by a covenant , then all the rest also . quest . xv. whether or no the king be vnivocally , or only analogically , and by proportion a father ? it is true , aristotle polit. l. . c. . saith , that the kingly power is a fatherly power ; and iustin . novell . c. . pater quamvis legum contemptor , quamvis impius sit , tamen pater est . but i doe not beleeve that , as royalists say , that the kingly power is essentially and univocally that same with a paternall or fatherly power ; or that adam as a father , was as a father and king , and that suppose adam should live in noahs daies , that by divine institution and without consent of the kingdomes and communities on earth , adam hoc ipso , and for no other reason but because he was a father , should also be the universall king , and monarch of the whole world ; or suppose adam were living to this day ; that all kings that hath been since , and now are , held their crownes of him , and had no more kingly power then inferiour iudges in scotland have under our soveraigne king charles , for so all that hath been , and now are lawfull kings should be unjust usurpers ; for if fatherly power be the first and native power of commanding , it is against nature that a monarch who is not my father by generation , should take that power from me , and be a king over both me and my children . but i assert , that though the word warrant us to esteem kings fathers , esa . . . jud. . . gen. . v. . yet are not they essentially and formally fathers by generation , num. c. . v. . have i conceived all this people ? have i begotten them ? and yet are they but fathers metaphorically ; . by office , because they should care for them as fathers doe for children , and so come under the name of fathers in the fifth commandement ; and therefore rigorous and cruell rulers are leopards and lyons , and wolves , ezech. . . zeph. . . if then tyrannous judges be not essentially and formally leopards and lyons , but only metaphorically , neither can kings be formally fathers . . not only kings , but all iudges are fathers in defending their subjects from violence and the sword , and fighting the lords battells for them , and counselling them . if therefore royalists argue rightly , a king is essentially a father , and , fatherly power and royall power are of the same essence and nature ; as therefore he who is once a father , is ever a father , and his children cannot take up armes against him to resist him , for that is unnaturall , & repugnant to the . commandement : so he who is once a king , is evermore a king , and it is repugnant to the fifth commandement to resist him with armes . it is answered , that the argument presupposeth that royall power , and fatherly power is one and the same in nature , whereas they differ in nature , and are only one by analogie and proportion : for so pastors of the word are called fathers , cor. . . it will not follow , that once a pastor , evermore a pastor ; and that if therefore pastors turne wolves , and by hereticall doctrine corrupt the flock , they cannot be cast out of the church . . a father , as a father , hath not power of life and death over his sonnes , because , rom. . by divine institution the sword is given by god to kings and iudges : and if adam had had any such power to kill his sonne cain , for the killing of his brother abel , it had been given to him by god as a power politike , different from a fatherly power : for a fatherly power , as such , is formally to conserve the life of the childaen , and not to take away the life : yea , and adam , though he had never sinned , nor any of his posteritie , adam should have been a perfect father , as he is now indued with all fatherly power that any father now hath ; yea should not god have given the sword or power of punishing ill doers , since that power should have been in vaine , if there had been no violence , nor bloodshed , or sinne on the earth : for the power of the sword and of lawfull warre , is given to men now in the state of sinne . . fatherly government and power is from the bosome and marrow of that fountaine law of nature ; but royall power is not from the law of nature , more then aristocraticall or democraticall power . d. ferne saith , monarchie is not jure divino , ( i am not of his mind ) nor yet from the law of nature , but , ductu naturae , by the guidance of nature . sure it is from a supervenient commandement of god , added to the first law of nature , establishing fatherly power . . children having their life and first breathings of nature from their parents , must be in a more intire relation from their father , then from their prince : subjects have not their being naturall , but their civill , politique and peaceable well-being from their prince . . a father is a father by generation , and giving the being of nature to children , and is a naturall head and root , without the free consent and suffrages of his children , and is essentially a father to one childe , as adam was to one cain : but a prince is a prince by the free suffrages of a community , and cannot be a king to one only , and he is the politique head of a civill corporation . . a father , so long as his children liveth can never leave off to be a father , though he were mad , and surious , though he be the most wicked man on earth . qui genuit filium non potest non genuisse filium , what is once past cannot by any power be not passed , a father is a father for ever . but by confession of royalists , as barclay , hug. grotius , and arnisaeus and others grant , if a king sell his subjects by sea or land to other nations , if he turne a furious nero , he may be dethroned , and the power that created the king under such expresse conditions , as if the king violate them by his owne consent , he shall be put from the throne , may cease to be a king , and if a stronger king conquer a king and his subjects , royalists ●ay the conquerour is a lawfull king ; and so the conquered king must also lawfully come downe from his throne , and turne a lawfull captive sitting in the dust . . learned polititians , as bartholomeus romulus , defens . part . . num . . ioannes de anania in c. fin . de his qui fil . occid . teach that the father is not obliged to reveale the conspiracy of his son against his prince , nor is he more to accuse his son , then to accuse himselfe ; because the father loveth the sonne better then himselfe . d. listi quidem . sect. fin. quod . met . caus . & d. l. fin . c. de cura furiosi , and certainly a father had rather dye in his own person as choose to dye in his sonnes , in whom he affecteth a sort of immortality , in specie , quando non potest in individuo : but a king doth not love his subjects with a naturall or fatherly love thus ; and if the affections differ , the power which secondeth the affection , for the conservation either of being , or well being , must also differ proportionally . the p. prelate objecteth against us thus , stealing word by word from arnisaeus : when a king is elected soveraigne to a multitude , he is surrogated in the place of a common father , exod. . . honour thy father ; then as a naturall father receiveth not paternall right , power , or authority from his sonnes , but hath this from god , and the ordinance of nature , nor can the king have his right from the community . . the maxime of the law is , surrogatus gaudet privilegiis ejus cui surrogatur , & qui succedit ●n locum , succedit in jus . the person surrogated , hath all the priviledges that he hath , in whose place he succeedeth , he who succeedeth to the place , succeedeth to the right ; the adopted sonne , or the bastard who is legittimated , and commeth in the place of the lawfull borne sonne , commeth also in the priviledges of the lawfull borne sonne ; a prince elected commeth to the full possession of the majesty of a naturall prince and father , for modu● acquirendi non tollit naturale jus possidendi ( saith arnisaeus , more fully then the poore plagiarius ) the manner of acquiring any thing taketh not away the naturall possession , for how ever things be acquired , if the title be just , possession is the law of nations ; then when the king is chosen in place of the father , as the father hath a divine right by nature , so must the king have that same : and seeing the right proprietor ( saith the pamphleting prelate ) had his right by god , by nature , how can it be , but howsoever the designation of the person is from the disordered community , yet the collation of the power is from god immediatly , and from his sacred and inviolable ordinance . and what can be said against the way by which any one elected obtained his right , for seeing god doth not now send samuells or elisha's to anoynt or declare kings , we are in his ordinary providence to conceive the designation of the person is the manifestation of gods will , called voluntas signi , as the schooles speake , just so as when the church designeth one to sacred orders . ans . . he that is surrogated in the place of another , due to him , by a positive law of man , he hath law to all the priviledges that he hath in whose place he is surrogated , that is true . he who is made assignee to an obligation for a summe of money , hath all the rights that the principall party to whom the bond or obligation was mad● , he who commeth in the place of a major of a city , of a captaine in an army , of a pilot in a ship , of a pope , hath all the priviledges and rights that his predecessors had by law. jus succedit juri , persona jure predita personae jure preditae . so the law , so far as my reading can reach , who professe my selfe a divine ; but that he who succeedeth to the place of a father , by nature , should injoy all the naturall rights and priviledges of the person to whom he succeedeth ; i beleeve the law never dreamed it , for then the adopted sonne comming in place of the naturall sonne , hath right to the naturall affection of the father ; if any should adopt maxwell the prelate , should he love him as the pursevant of craile , maxwell his father loved him ? i conceive not ; hath the adopted sonne his life , his being , the figure bodily , the manners of the sonne in whose place he is adopted ? or doth he naturally resemble the father as the naturall sonne doth ? the prelate did not read this law in any approved iurist , though he did steale the argument from arnisaeus , and stole the citations of homer and aristotle out of him , with a little metathesis : a naturall sonne is not made a sonne by the consent of parents , but he is a sonne by generation , so must the adopted sonne be adopted without the free consent and grace of the father adopting : so here the king commeth in the place of a naturall father , but i conceive the law saith not that the elected king is a king without consent of the subjects , as the naturall father is a father without consent of his sonnes . . nor is it a law true , as once a father alwaies a father , so once an elected king , alwaies a king , though he sell his subjects , being induced thereunto by wicked counsellors . . if the king have no priviledges , but what the naturall father hath in whose place he commeth , then as the naturall father in a free kingdome hath not power of life and death over his sonnes , neither hath the king power of life and death over his subjects , this is no law. . this maxime should prove good , if the king were essentially a father , by generation and naturall propagation , but he is onely a father metaphorically , and by a borrowed speech . a father non generando , sed politicè alendo , tuendo , regendo , therefore an elected prince commeth not in the full possession of all the naturall power and rights of a naturall father . . the p. prelate speaketh disgracefully of the church of god , calling it a disorderly community , as if he himselfe were borne of kings , where as god calleth the king their shepheard , and the people , gods flocke , inheritance and people ; and they are not a disorderly body by nature , but by sin ; in which sense the prelate may call king , priest and people , a company of heires of gods wrath , except he be an arminian still , as once he was . . if we are in ordinary providence now , because we have not samuels , and prophets to anoynt kings , to hold the designation of a person to be king , to be the manifestation of gods will , called voluntas ●igni , is treason , for if scotland and england should designe maxwell in the place of king charles our native soveraigne ( an odious comparison ) maxwell should be lawfull king for what is done by gods will , called by our divines ( they have it not from schoolemen , as the prelate ignorantly saith ) his signified will which is our rule , is done lawfully , there can be no greater treason put in print then this . quest . xvi . whether or no a despotiticall and masterly dominion of men and things , agree to the king , because he is king. i may here dispute whether the king be lord , having a masterly dominion both over men and things . but i first discusse shortly his dominion over his subjects . it is agreed on by divines , that servitude is a penall fruit of sinne , and against nature . institut . de jure personarum , sect. . & f. de statu hominum . l. libertas ; because all men ▪ are borne by nature of equall condition . assert . the king hath no proper , masterly , or herile dominion over his subjects : his dominion is rather fiduciary and ministeriall , than masterly . . because royall empire is essentially to feed ▪ rule , defend , and to governe in peace and godlinesse , tim. . . as the father doth his children , ps . . . he brought him to feed jacob his people , and israel his inheritance , esa ▪ . . i gave him for a leader and commander to the people , sam. . . thou shalt feed my people israel , sam. . . chron . . chron ▪ . . and so it is , for the good of the people , and to bring those , over whom he is a feeder and ruler , to such a happy end ; and , as saith althusius , polit . c. . n. . and marius salomonius , de princ . ● . . it is to take care of the good of those over whom the ruler is set , and , conservare est , rem illaesam servare , to keep a thing safe . but to be a master , and to have a masterly and herile power over slaves and servants , is to make use of servants for the owners benefit , not for the good of the slave , l. . de leg . l. servus de servit . expert . danae polit . l. . tolossan . de rep. l. . c. . n. , . therefore are servants bought and sold as goods , jure belli . f. de statu hominum , l. & servorum . . not to be under governors and magistrates , is a judgement of god , esa . . . esa . . . hos , . . iudg. . , . but not to be under a master , as slaves are , is a blessing , seeing freedome is a blessing of god , ioh. . . exod. . . v. , . deut. . . so he that killeth goliah , sam. . . his fathers house shall be free in israel , ier. . . act. . . cor. . . gal. . . . therefore the power of a king cannot be an herile and masterly power ; for then to be under a kingly power , should both be a blessing , and a curse and just punishment of sinne . . subjects are called the servants of the king , sam. . . chron. . . king. . . exod. . , ● . exod ▪ . . but they are not slaves , because , deut. . . they are his brethren : that the kings heare be not lifted up against his brethren . and his sonnes , esa . . . and the lord gave his people a king as a blessing , king. . . hos . . . esa . . . ier. . . and brought them out of the house of bondage , exod. . v. . as out of a place of miserie . and therefore to be the kings servants , in the places cited , is some other thing then to be he kings slaves . . the master might in some cases sell the servant for money , yea for his own gain he might doe it , nehem. . . eccles . . . king. . . g●n . gen. ▪ . king. . . gen. . . and might give away his servants ; and the servants were the proper goods and riches of the master , eccles . . . gen. . . gen. . . job . . . . but the king may not sell his kingdome or subjects , or give them away for money , or any other way ; for royalists grant that king to be a tyrant , and worthy to be dethroned , who shall sell his people : for the king may not delapidate the rents of the crown , and give them away to the hurt and prejudice of his successors , l. ult . sect. sed nostr . c. comment . de lege , l. pet● . . sect. fratrom de lege , . l. . ul●imo . d. t. and farre lesse can he lawfully sell men , and give away a whole kingdome to the hurt of his successours , for that were to make merchandize of the living temples of the holy ghost . and arnisaus , de authorit . princip . c. . n. . saith , servitude is praeter naturam , beside nature ; he might have said , contrary to nature , l. . de stat ▪ homin . sect. . iust . de jur . perso . c. . & novel . . but the subjection of subjects is so consonant to nature , that it is seen in bees and cranes . therefore a dominion is defined a facultie of using of things to what uses you will. now a man hath not this way an absolute dominion over his beasts , to dispose of them at his will ; for a good man hath mercy on the life of his beast , prov. . . nor hath he dominion over his goods to use them as he will , because he may not use them to the dammage of the commonwealth , he may not use them to the dishonour of god ; and so god and the magistrate hath laid some bound on his dominion . and because the king being made a king , leaveth not off to be a reasonable creature , he must be under a law , and so his will and lust cannot be the rule of his power and dominion , but law and reason must regulate him . now if god had given to the king a dominion over men as reasonable creatures ▪ his power and dominion which by royalists is conceived to be above law , should be a rule to men as reasonable men , which would make men under kings no better then bruit beasts ; for then should subjects exercise acts of reason , not because good and honest , but because their prince commandeth them so to doe ; and if this cannot be said , none can be at the disposing of kings in politick acts liable to royall government , that way that the slave is in his actions under the dominion of his master . the prelate objecteth out of spalato , arnisaeus , and hug. grotius , ( for in his booke there is not one line which is his own , except his raylings ) . all government and superioritie in rulers is not primely and only for the subjects good : for some are by god and nature appointed for the mutuall and inseperable good of the superiour and inferiour , as in the government of husband and wife , or father and sonne ; and in herili dominio , in the government of a lord and his servant , the good and benefit of the servant is but secondary and consecutively intended , it is not the principall end , but the externall and advent●tious , as the gaine that commeth to a physitian , is not the proper and internall end of his art , but followeth only from his practice of medicine . ans . the prelates logick tendeth to this ; some government tendeth to the mutuall good of the superior and inferior , but royall government is some government , ergo nothing followeth from a major proposition , ex particulari affirmante , in prima figura . or of two particular propositions . . if it be thus formed , every maritall government , and every government of the lord and servant is for the mutuall good of the superiour and inferiour : but royall government is such , ergo &c. the assumption is false , and cannot be proved , as i shall anon cleare . . obj. solomon disposed of cabul , and gave it to hiram , ergo a conquered kingdome is for the good of the conquerour especially . ans . solomons speciall giving away some titles to the king of tyre , being a speciall fact of a prophet as well as a king , cannot warrant the king of england to sell england to a forraine prince , because william made england his owne by conquest ; which also is a most false supposition : and this he stole from hugo grotius , who condemneth selling of kingdomes . object . a man may render himselfe totally under the power of a master , without any conditions : and why may not the body of a people doe the like ? even to have peace and safety , surrender themselves fully to the power of a king ? a lord of great mannours may admit no man to live in his lands , but upon a condition of a full surrender of him , and his posterity to that lord . tacitus sheweth us it was so anciently amongst the germans , and the campanians surrendered themselves fully to the romans . answ . what compelled people may do to redeem their lives with losse of liberty , is nothing to the point ; such a violent conquerour who will be a father and a husband to a people , against their will , is not their lawfull king ; and that they may sell the liberty of their posteritie , not yet born , is utterly denied as unlawfull ; yea , a violentated father to me is a father , and not a father , and the posteritie may vindicate their own liberty given away unjustly , before they were born : qua omne regnum vi partum potest vi dissolvi . object . . but ( saith doct. fern ) these which are ours , and given awa● to another , in which there redoundeth to god by donation a speciall interest , as in things devoted to holy uses , though after they be abused , yet we cannot recall them . ergo , if the people be once forced to give away their liberty , they cannot recall it ; far lesse , if they willingly resign it to their prince . answ . this is not true , when the power is given for the conservation of the kingdom , and is abused for the destruction thereof , for a power to destruction was never given , nor can it by rationall nature be given . . mortifications given to religious uses by a positive law , may be recalled by a more divine and stronger law of nature , such as is this : i will have mercy and not sacrifice . suppose david of his own proper heritage , had given the shew-bread to the priests , yet when david and his men are famishing , he may take it back from them against their will. suppose christ man had bought the corns , and dedicated them to the altar , yet might he and his disciples eat the ears of corn in their hunger . the vessels of silver dedicated to the church , may be taken and bestowed on wounded souldiers . . a people free may not , and ought not totally surrender their liberty to a prince , confiding on his goodnesse ; . because liberty is a condition of nature , that all men are born with , and they are not to give it away , no not to a king , except in part , and for the better , that they may have peace and justice for it , which is better for them , hic & nunc . . if a people trusting in the goodnesse of their prince , inslave themselves to him , and he shall after turn tyrant ; a rash and temerarious surrender obligeth not , et ignorantia facit factum quasi involuntarium : ignorance maketh the fact some way unvoluntary ; for if the people had beleeved that a meek king would have turned a rouring lyon , they should not have resigned their liberty into his hand ; and therefore the surrender was tacitely conditionall to the king as meek , or whom they beleeved to be meek , and not to a tyrannous lord ; and therefore , when the contract is made for the utilitie of the one party , the law saith their place is for after wits , that men may change their minde , and resume their liberty , though if they had given away their liberty for money , they cannot recall it ; and if violence made the surrender of liberty , here is slavery , and slaves taken in war so soon as they can escape , and return to their own , they are free . d. sect. item . e● justit . de rerum divin . l. nihil . f. de capt . l. . so the learned ferdin . vasquez illustri . l. . c. . ● . . saith , the bird that was taken , and hath escaped , is free ; nature in a forced people , so soon as they can escape from a violent conqueror maketh them a free people : and si solo tempore ( saith ferd. vasquez , l. . c. . n. . ) justificatur subjectio , solo tempore facilius justificabitur liberatio . assert . . all the goods of the subjects belongeth not to the king : i presuppose , that the division of goods doth not necessarily flow from the law of nature , for god made man before the fall , lord of the creatures indefinitely ; but what goods be peters , and not pauls , we know not . but supposing mans sin , though the light of the sun and air be common to all , and religious places be proper to none , yet it is morally unpossible , that there should not be a distinction of meum & tuum , mine and thine : and the decalogue forbidding theft , and coveting the wife of another man , ( yet is she the wife of peter , not of thomas by free election , not by an act of natures law ) doth evidence to us , that the division of things is so far forth , ( men now being in the state of sin ) of the law of nature , that it hath evident ground in the law of nations ; and thus farre naturall , that the heat that i have from my own coat and cloak , and the nourishment from my own meat , are physically incommunicable to any * . but i hasten to prove the proposition : if . i have leave to premit , that in time of necessitie all things are common by gods law : a man travelling , might eat grapes in his neighbours vineyard , though he was not licenced to carry any away . i doubt if david wanting money , was necessitated to pay money for the shew-bread , or for goliahs sword , supposing these to be the very goods of private men , and ordinarily to be bought and sold : natures law in extremity , for self preservation , hath rather a prerogative royall above all laws of nations , and all civill laws then any mortall king ; and therefore by the civill law , all are the kings , in case of extreme necessity ; in this meaning , any one man is obliged to give all he hath for the good of the common-wealth , and so far the good of the king , in as farre as he is head and father of the common-wealth * . . all things are the kings , in regard of his publike power , to defend all men , and their goods from unjust violence . . all are the kings in regard of his act of conservation of goods , for the use of the just owner . . all are the kings in regard of a legall limitation , in case of a dammage , offered to the common-wealth , justice requireth confiscation of goods for a fault ; but confiscated goods are to help the interessed common-wealth , and the king , not as a man ( to bestow them on his children ) but as a king ; to this we may referre these called bona cadu●a & inventa , things losed by shipwrack , or any other providence , vlpian . tit . . t. c. de bonis vacantibus . c. de thesauro . and the reasons why private men are just lords and proprietors of their own goods , are , . because by order of nature , division of goods cometh neerer to natures law , and necessity , then any king or magistrate in the world ; for because it is agreeable to nature , that every man be warmed by his own fleece , nourished by his own meat ; therefore to conserve every mans goods to the just owner , and to preserve a communitie from the violence of rapine and theft , a magistrate and king was devised . so it is clear , men are just owners of their own goods , by all good order , both of nature and time , before there be any such thing as a king or magistrate . now if it be good that every man enjoy his own goods , as just proprietor thereof for his own use , before there be a king , who can be proprietor of his goods , and a king being given of god for a blessing , not for any mans hurt and losse ; the king cometh in to preserve a mans goods , but not to be lord and owner thereof himself , nor to take from any man gods right to his own goods . . when god created man at the beginning , he made all the creatures for man ▪ and made them by the law of nature , the proper possession of man , but then there was not any king formally as king ; for certainly adam was a father before he was a king , and no man being either born , or created a king over an other man , no more then the first lyon , and the first eagle , that god created , were by the birth-right , and first-start of creation , by nature , the king of all lyons , and all eagles to be after created ; no man can by natures law , be the owner of all goods of particular men : and because the law of nations founded upon the law of nature , hath brought in meum & tuum , mine and thine , as proper to every particular man , and the introduction of kings cannot overturn natures foundation ; neither civility , nor grace destroyeth , but perfiteth nature : and if a man be not born a king , because he is a man , he cannot be born the possessour of my goods . . what is a character , and note of a tyrant , and an oppressing king as a tyrant , is not the just due of a king as a king : but to take the proper goods of subjects , and use them as his own , is a proper character , and note of a tyrant , and an oppressour . ergo , the proposition is evident . a king and a tyrant are by way of contradiction contrary one to another : the assumption is proved thus , ezek. . . thus saith the lord , let it suffice you , o princes of israel : remove violence and spoil , and execute judgement and justice , take away your exactions from my people , saith the lord , vers . . ye shall have just ballances , and a just ephah , and a just bath . if all be the kings , he is not capable of extortion and rapine , micah . . god complaineth of the violence of kings : is it not for you to know judgement ? vers . . who eat the flesh of my people , and flea their skins from off them , and they break their bones , and chop them in pieces , as for the pot , and as flesh within the chaldron , isai . . . zeph. . . and was it not an act of tyranny in king achab , to take the vineyard of naboth , and in king saul ? sam. . . to take the people of gods fields and vineyards , and olive-yards , and give them to their servants ? was it a just fault that hybreas objected to antonius , exacting two tributes in one yeer , that he said , if thou must have two tributes in one yeer , then make for us two summers and two harvests , in one yeer ? this cannot be just ; if all be the kings , the king taketh but his own . . subjects under a monarch could not give alms , nor exercise works of charity ; for charity must be my own , isai . . . is it not to deal thy bread to the hungry ? &c. eccles . . . cast thy bread into the waters ; and the law saith , it is theft to give of another mans to the poor : yea , the distinction of poor and rich , should have no place under a monarchie , he onely should be rich . . when paul commandeth us to pay tribute to princes , rom. . . because they are the ministers of god , he layeth this ground , that the king hath not all , but that the subjects are to give to him of their goods . . it is the kings place , by justice to preserve every man in his own right , and under his own fig-tree . ergo , it s not the kings house . . even pharaoh could not make all the victuall of the land his own , while he had bought it with money : and every thing is presumed to be free . allodialis , free land , except the king prove that it is bought or purchased . l. actius , c. de servit . & aqua . & joan. and. m. c. f. de ind . & hosti . in c. minus de jur . . if the subjects had no proprietie in their own goods , but all were the princes due , then the subject should not be able to make any contract of buying and selling without the king , and every subject were in the case of a slave . now the law saith , l. . f. de noxali . act . l. . f. ad legem aquil . when he maketh any covenant , he is not obliged civilly to keep it , because the condition of a servant , he not being sui juris , is compared to the state of a beast , though he be obliged by a naturall obligation , being a rationall creature , in regard of the law of nature , l. naturaliter , l. si id quod , l. interdum , f. de cond . indebit . cum aliis . . the subject could not by solomon be forbidden to be suretie for his friend ; as king solomon doth counsell , prov. . , , . he could not be condemned to bring on himself poverty by sluggishnesse , as prov. . , , , , . nor were he to honour the lord with his riches , as prov. . . nor to keep his covenant , though to his losse , psal . . . nor could he be mercifull and lend , psal . . . nor had he power to borrow ; nor could he be guiltie in not paying all again , psal . . . for subjects under a monarch , can neither perform a duty , nor fail in a duty , in the matter of goods ; if all be the kings , what power or dominion hath the subject in disposing of his princes goods ? see more in petr. rebuffus , tract . congruae portionis , num . . pag. , . sed quoad dominiumrerum , &c. quest . xvii . whether or not the prince have properly a fiduciarie , and ministeriall power of a tutor , husband , patron , minister , head , father of a family , not of a lord or dominator ? that the power of the king is fiduciarie , that is given to him immediatly by god in trust , royallists deny not ; but we hold that the t●ust is put upon the king by the people . . we deny that the people give themselves to the king as a gift , for what is freely given cannot be taken againe ; but they gave themselves to the king as a pawne ; and if the pawne be abused , or not used in that manner as it was conditionated to be used , the party in whose hand the pawne is intrusted , faileth in his trust . . assertion . the king is more properly a tutor then a father , . indigencie is the originall of tutors , the parents dye ; what then shall become of the orphan and his inheritance ? he cannot guide it himselfe ; therefore nature devised a tutor to supply the place of a father , and to governe the tutor ; but with this consideration , the father is lord of the inheritance , and if he be distressed , may sell it , that it shall never come to the sonne , and the father for the bad deserving of his sonne may dis-inherite him ; but the tutor being but a borrowed father , cannot sell the inheritance of the pupill , nor can he for the pupills bad deserving , by any dominion of justice over the pupill , take away the inheritance from him , and give it to his owne son ; so a community of it selfe , because of sin , is a naked society that can but destroy it selfe , and every one eate the flesh of his brother , therefore god hath appointed a king or governour , who shall take care of that community , rule them in peace , and save all from reciprocation of mutuall acts of violence , yet so , as because a trust is put on the ruler of a community , which is not his heritage , he cannot dispose of it as he pleaseth , because he is not the proper owner of the inheritance . . the pupill when he commeth to age , may call his tutor to an accompt for his administration ; i doe not acknowledge that as a truth , which arnisaeus saith , de authoritate . prin . c. . n. . the common-wealth is alwaies minor , and under tutory , because it alway hath need of a curator and governour , and can never put away its governour , but the pupill may grow to age and wisedome , so as he may be without all tu●ors , and can guide himselfe , and so may call in question his tutor , and the pupill cannot be his iudge ; but must stand to the sentence of a superiour iudge , and so the people cannot judge or punish their prince , god must be iudge betwixt them both . but this is . a begging of the question , every comparison halteth , no community but it is major in this , that it can appoint its owne tutors , and though it cannot be without all rulers , yet it may well be without this or that prince and ruler , and therefore may resume its power , which it gave conditionally to the ruler for its owne safety and good , and in so farre as this condition is violated , and power turned to the destruction of the common-wealth , it is to be esteemed as not given ; and though the people be not a politique iudge in their owne cause , yet in case of manifest oppression , nature can teach them to oppose defensive violence against offensive : a community in its politique body is also above any ruler , and may judge what is manifestly destructive to it selfe . obj. the pupill hath not power to appoint his owne tutor , nor doth he give power to him , so neither doth the people give it to the king. ans . the pupill hath not indeed a formall power to make a tutor , but he hath vertually a legall power in his father , who appointeth a tutor for his sonne , and the people have vertually all royall power in them , as in a sort of immortall and eternall fountain , and may create to themselves many kings . asser . . the kings power is not properly and univocally a maritall and husbandly power , but only analogically , . the wife by nature is the weaker vessell , and inferiour to the man , but the kingdom , as shall be demonstrated is superiour to the king. . the wife is given as an helpe to the man , but by the contrary the man here is given as an helpe and father to the common-wealth , which is presumed to be the wife . . maritall and husbandly power is naturall , though it be not naturall , but from free election that peter is anae's husband , and should have been , though man had never sinned : but royall power is a politick constitution , and the world might have subsisted , though aristocracy or democracy had been the only and perpetuall governments . so let the prelate glory in his borrowed logick , he had it from barclay . it is not in the power of the wife to repudiat her husband , though never so wicked , she is tyed to him for ever , and may not give to him a bill of divorcement , as by law the husband might give to her ; if therefore the people sweare loyalty to him , they must keep , though to their hurt . ps . . aas . there 's nothing here said , except barclay and the plagiarie prove , that the kings power is properly a husbands power , which they cannot prove , but from a simile that crooketh ; but a king elected upon conditions , that if he sell his people , he shall lose his crown , is as essentially a king , as adam was evahs husband , and yet by grant of parties , the people may devorce from such a king , and dethrone him , if he sell his people ; but a wife may never devorce from her husband , as the argument saith . and this poore argument the prelate stole from dr. ferne , part . sec. . pag. , . . the keeping of covenant though to our hu●t , is a penall hurt , and losse of goods , not a morall hurt , and losse of religion . assert . . the king is more properly a sort of patron , to defend the people , and therefore hath no power given either by god or man to hurt the people , and a minister or publick and honourable servant , rom. . . for he is the minister of god to thee for good ; he is the common-wealths servant objectively , because all the kings service , as he is king , is for the good , safety , peace and salvation of the people , and in this he is a servant . . he is the servant of the people representatively , in that the people hath impawned in his hand all their power to doe royall service . obj. he is the servant of god , ergo he is not the peoples servant , but their soveraigne lord. ans . it followeth not , because all the service the king as king performeth to god , they are acts of royalty , and acts of royall service , as terminated on the people ; or acts of their soveraigne lord , and this proveth that to be their soveraigne , is to be their servant , and watch-man . object . . god maketh a king only , and the kingly power is in him only , not in the people . ans . the royall power is only from god , immediatly , immediatione simplicis constitutionis , & solum a deo solitudine primae causae , by the immediation of simple constitution , none but god appointed there should be ▪ kings ; but . royall power is not in god , nor only from god ; immediatione applicationis regiae dignitatis ad personam , nec a deo solum , solitudine ▪ causae applicantis dignitatem , huic , non illi , in respect of the applying of royall dignity to this person , not to this . object . . though royall power were given to the people , it is not given to the people , as if it were the royal power of the people , and not the royall power of god , neither is it any other waies bestowed on the people but as on a beame , a channell , an instrument , by which it is derived to others , and so the king is not the minister or servant of the people . ans . it is not in the people as in the principall cause ; sure all royall power that way is only in god ; but it is in the people as in the instrument : and when the people maketh david their king at hebron , in that same very act , god by the people using their free suffrages and consent , maketh david king at hebron : so god only giveth raine , and none of the vanities and supposed gods of the gentiles can give raine , ier. . . and yet the clouds also give raine , as nature , as an organ and vessell out of which god powreth down raine upon the dry earth , amos . . and every instrument under god , that is properly an instrument ▪ is a sort of vicarious cause in gods room , and so the people as in gods roome , applyeth royall power to david , not to any of sauls sonnes , and appointeth david to be their royall servant to governe , and in that to serve god , and to doe that , which a communitie now in the state of sinne cannot formally doe themselves : and so i see not how it is a service to the people , not only objectively , because the kings royall service tendeth to the good , and peace , and safety of the people ; but also subjectively , in regard he hath his power and royall authoritie which he exerciseth as king , from the people under god , as gods instruments : and therefore ▪ the king and parliament give ou● lawes and statutes in the name of the whole people of the land. and they are but flatterers , and belye the holy ghost , who teach that the people doe not make the king ; for israel made saul king at mizpeh , and israel made david king at hebron . object . . israel made david king , that is , israel designed davids person to be king , and israel consented to gods act of making david king , but they did not make david king. ans . i say not that israel made the royall dignitie of kings : god , deut. . instituted that himselfe : but the royalist must give us an act of god going before an act of the peoples making david king at hebron , by which david of no king is made formally a king : and then another act of the people , approving only and consenting to that act of god , whereby david is made formally of no king to be a king. this royalists shall never instruct , for there be only two acts of god here ; . gods act of annointing david by the hand of samuel ; and . gods act of making david king at hebron : and a third they shall never give . but the former is not that by which david was essentially and formally changed from the state of a private subject , and no king , into the state of a publike judge and supreme lord and king , for ( as i have proved ) after this act of annointing of david king , he was designed only and set apart to be king in the lords ●it time ; and after this annointing , he was no more formally a king then doeg or nabal were kings , but a subject who called saul the lords anointed and king , and obeyed saul as another subject doth his king : but it is certaine god by no other act made david king at hebron , then by israels act of free electing him to be king and leader of the lords people , as god by no other act sendeth down rain on the earth , but by gods melting the clouds , and causing raine to fall on the earth : and therefore to say israel made david king at hebron , that is , israel approved only and consented to a prior act of gods making david king , is all one as to say saul prophecied , that is , saul consented to a prior act of the spirit of god who prophecied : and peter preached , act. . that is , peter approved and consented to the holy ghosts act of preaching . which to say , is childish . assert . . the king is an head of the commonwealth only metaphorically , by a borrowed speech , in a politique sense , because he ruleth , commandeth , directeth the whole politique body in all their operations and functions . but he is not univocally and essentially the head of the commonwealth . . the same very life in number that is in the head , is in the members : there be divers distinct soules and lives in the king , and in his subjects . . the head naturall is not made an head by the free election and consent of armes , shoulders , leggs , toes , fingers , &c. the king is made king only by the free election of his people . . the naturall head , so long as the person liveth , is ever the head , and cannot cease to be a head while it is seated on the shoulders : the king , if he sell his people , their persons and soules , may leave off to be a king and head. . the head and members live together , and dye together : the king & the people are not so ; the king may dye , and the people live . . the naturall head cannot destroy the members , and preserve it selfe : but king nero may waste and destroy his people . d. ferne , m. simmons , the p. prelate , when they draw arguments from the head , do but dream , as the members should not resist the head . naturall members should not , or cannot resist the head , though the hand may pull a tooth out of the head , which is no small violence to the head . but the members of a politique body may resist the politique head . . this or that king is not the adequate and totall politique head of the common-wealth : and therefore though you cut off a politique head , there 's nothing done against nature . if you cut off all kings of the royall line , and all governors aristocraticall , both king and parliament , this were against nature ; and a common-wealth which would cut off all governors , and all heads , should goe against nature , and run to ruine quickly . i conceive a societie of reasonable men cannot want governours . . the naturall head communicateth life , sense , and motion to the members , and is the seat of externall and internall senses : the king is not so . hence assert . . the king is not properly the head of a family , for , . ( as tholossa saith well de rep. l. . c. . ) nature hath one intention in making the thumbe , another intention in making the whole hand , another in forming the body : so there is on● intention of the god of nature in governing of one man , another in governing a familie , another in governing a citie : nor is the thumbe king of all the members : so domestick government is not monarchicall properly . . the mother hath a parentall power as the father hath , prov. . . & . . & . . so the . command saith , honour thy father and thy mother . . domestick government is naturall , monarchicall politique . . domestick is necessary , monarchicall is not necessary , other governments may be as well as it . . domestick is universall , monarchicall not so . . domesticall hath its rise from naturall instinct without any farther instruction : a monarchicall government is not , but from election , choosing one government , not another . hence that is a fiduciarie power , or a power of trust , wherein . the thing put in trust is not his own proper either heritage or gift , so as he may dispose of it as he pleaseth , as men dispose of their goods or heritage . but the king may not dispose of men as men , as he pleaseth ; nor . of lawes as he pleaseth ; nor . of governing men , killing or keeping alive , punishing and rewarding , as he pleaseth . . my life and religion , and so my soule , in some cases , are committed to the king as to a publick watchman , even as the flock to the feeder , the citie to the watchmen : and he may betray it to the enemy . ergo , he hath the trust of life and religion , and hath both tables of the law in his custodie , ex officio , to see that other men then himselfe keep the law : but the law is not the kings own , but given to him in trust . . he who receiveth a kingdom conditionally , may be dethroned if he sell it , or put it away to any other is a fiduciarie patron , and hath it only in trust . so hottoman , quest . ill . . ferdinand . vasquez , illust . quest . l. . c. . althusius polit . c. . n. . so saith the law of every factor or deputy , l. . l. . procur . l. . c. dict . . antigonus dixit regnum esse nobilem servitutem . tyberius caesar called the senate , dominum suum , his lord. suetonius in vita tiberii , c. . quest . xviii . what is the law of the king , and his power ? sam. . . this will be the manner of the king who shall reigne over you , &c. this place , sam. , . and v. . the law or manner of the king is alleadged to prove both the absolute power of kings , and . the unlawfulnesse of resistance : therefore i crave leave here to vindicate the place , and to make it evident to all , that the place speaketh for no such matter . . a hug. grotius argueth thus : that by this place , the people oppressed with injuries of a tyrannous king , have nothing left them but prayers and cries to god ; and therefore there is no ground for violent resisting . b barclay will have us to distinguish inter officium regis , & potestatem , between the kings office , and the kings power : and he will have the lord here speaking , not of the kings office , what he ought to doe before god , but what power a king hath beside and above the power of judges , to tyrannize over the people , so as the people hath no power to resist it . he will have the office of the king spoken of deut. . and the power of the king , sam. ▪ and that power which the people was to obey and submit unto , without resisting . but i answer , . it is a vaine thing to distinguish betwixt the office and the power ; for the power is either a power to rule according to gods law , as he is commanded , deut. . and this is the very office or officiall power which the king of kings hath given to all kings under him : and this is a power of the royall office of a king , to governe for the lord his maker ; or this is a power to doe ill , and tyrannize over gods people : but this is accidentall to a king , and the character of a tyrant , and is not from god : and so the law of the king in this place must be the tyranny of the king , which is our very mind . . barclay . reges sine dominatione ne concipi quidem possunt . — iudices dominationem in populum minimé habebant . hence it is cleare that barclay saith , that the iudges of israel , and the kings are different in essence and nature ; so that domination is so essentiall to a king , that you cannot conceive a king , but he must have domination , whereas the iudges of israel had no domination over the people . hence i argue that , whereby a king is essentially distinguished from a iudge , that must be from god ; but by domination , which is a power to oppresse the subject , a king is essentially distinguished from a iudge of israel . ergo , domination and a power to do acts of tyranny , as they are expressed , verse , , . and to oppresse a subject , is from god , and so must be a lawfull power ; but the conclusion is absurd , the assumption is the doctrine of barclay : the major proposition i prove . . because both the iudge and the king was from god , for god gave moses a lawfull calling to be a iudge , so did he to eli , to samuel , and deut. . . the king is a lawfull ordinance of god : if then the judge and the king , be both lawfull ordinances , and if they differ essentially , as barclay saith ; then that specifice forme which distinguisheth the one from the other , to wit , domination and a power to destroy the subject , must be from god , which is blasphemous ; for god can give no morall power to do wickedly ; for that is licence , and a power to sin against a law of god , which is absolutely inconsistent with the holinesse of god ; for so the lord might deny himself , and dispence with sin ( god avert such blasphemies . ) now if the kingly power be from god , that which essentially and specifically constituteth a king , must be from god , as the office it self is from god : and d barclay saith expressely , that the kingly power is from god , and that same which is the specifice form , that constituteth a king , must be that which essentially separateth the king from the iudge , if they be essentially different , as barclay dreameth . hence have we this jus regis , this manner or law of the king , to tyrannize and oppresse , to be a power from god , and so a lawfull power ; by which you shall have this result of barclayes interpretation , that god made a tyrant as well as a king. . by this difference that barclay putteth betwixt the king and the judge , the judge might be resisted ; for he had not this power of domination , that saul hath , contrary to rom. . . exod. . . and , . but let us try the text first 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the word cannot inforce us to expone 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a law ; our english rendreth , shew them the manner of the king. e arri. montanus turneth it ratio regis . i grant the seventy render it , f 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . the chalde paraphrase saith , statutum regis . g hieronimus translateth it jus regis ; so calvin : but i am sure the hebrew both in words and sense beareth a consuetude ; yea , and the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 signifieth not alwayes a law , as josh . . . they compassed the citi● 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 seven times . . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . king. . . they know not the manner of the god of the land , vers . . they served their ●●n gods , after the manner of the heathen . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 it cannot be according to the law or right of the heathen , except 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , be taken in an evill part . . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . vers . . vntill this day they do after these manners , kings . . baals priests cut themselves with knives 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 after their manner . . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , gen. . . thou shalt give the cup to pharaoh , according as thou wast wont to do . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , exod. . . he shall deal with her after the manner of daughters , sam. . . and david saved neither man nor woman alive , to bring ( tydings ) to gath , saying , so did david , and so will his manner be , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . it cannot be , they meaned that it was davids law , right , or priviledge to spare none alive , sam. . . and the priests custome with the people was , &c. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 this was a wicked custome , not a law , and the . turneth it , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ; and therefore 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 is not alwayes taken in a good meaning : so h p. martyr , he meaneth here of an usurped law , saith he ; calvin l non jus a deo prescriptum , sed tyranidem . he speaketh not of gods , law here ( saith he ) but of tyranny . k and rivetus , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 signifieth not ever jus , law . sed aliquando morem sive modum & rationem agendi , the custome and manner of doing , so junius l and tremellius . m diodatus exponeth jus ; this law , namely ( saith he ) that which is now grown to a common custome , by the consent of nations , and gods toleration . n the interline glosse ( to speak of papists ) exactionem & dominationem ; the extortion and domination of king saul is here meant . o lyra exponeth it tyranny . p tostatus abulens . he meaneth here of kings indefinitely , who oppressed the people with taxes and tributes , as solomon and others . q cornelius a lapide : this was an unjust law . r cajetanus ▪ calleth it , tyranny . ſ hugo cardinal , nameth them , exactiones & servitutes , exactions and slaveries : and t serrarius , he speaketh not here , quid reges jure possint , what they may do by right and law ; sed quid audeant , what they will be bold to do , and what they tyrannically decern against all laws of nature and humanitie . and so u speaketh tho. aquinas : x so also mendoza , saith he , speaketh of the law of tyrants : and y amongst the fathers , clemens alexandrinus saith on this place , non humanum pollicetur dominum , sed insolentem daturum minatur tyrannum , he promiseth not a humane prince , but threatneth to give them an insolent tyrant ; and the like also saith z beda . and an excellent a lawyer , pet. rebuffus saith , etiam loquitur de tyranno qui non erat a deo electus . and that he speaketh of sauls tyrannicall usurpation , and not of the law prescribed by god , deut. . i prove , . he speaketh of such a power , as is answerable to the acts here spoken of ; but the acts here spoken of , are acts of meere tyranny , vers . . and this will be the manner of your king , that shall reign over you , he will take your sons , and appoint them for himself , for his chariots , and to be his horsemen , and some shall run before his chariots : now to make slaves of their sons , was an act of tyranny . . to take their fields and vineyards , and oliveyards from them , and give them to his servants , was no better then ahabs taking naboths vineyard from him , which by gods law he might not lawfully sell , except in the case of extreme povertie , and then in the yeer of jubilee , he might redeem his own inheritance . . verse , . to put the people of god to bondage , and make them servants , was to deal with them , as the tyrant pharaoh did . . he speaketh of such a law , the execution whereof should make them cry out to the lord , because of their king : but the execution of the just law of the king , deut. . is a blessing , and not a bondage which should make the people cry out of the bitternesse of their spirit . . it is clear here , that god is by his prophet , not instructing the king in his duty , but as b rabbi levi ben. gersom saith , terrifying them from their purpose of seeking a king , and foretelling the evil of punishment that they should suffer under a tyrannous king ; but he speaketh not one word of these necessary and comfortable acts of favour , that a good king by his good government was to do for his people , deut. . , . but he speaketh of contrary facts here ; and that he is disswading them from suiting a king , is clear from the text. . because he saith , give them their will ; but yet protest against their unlawfull course . . he biddeth the prophet lay before them the tyranny , and oppression of their king ; which tyranny saul exercised in his time , as the story sheweth . . because how uneffectuall samuels exhortation was , is set down , verse . neverthelesse , they would not obey the voice of samuel , but said , nay , but we will have a king over us ; if samuel had not been dehorting them from a king , how could they be said in this , to refuse to heare the voice of samuel ? . the ground of barclay and royalists , here is weak , for they say , that the people sought a king like the nations , and the kings of the nations were all absolute , and so tyrants ; and god granted their unlawfull desire , and gave them a tyrant to reign over them , such as the nations had . the plain contrary is true , they sought not a tyrant , but one of the speciall reasons why they sought a king , was to be freed of tyranny ; for sam. . . because samuels sons turned aside after lucre , and took bribes , and perverted judgement ; therefore all the elders of israel gathered themselves together , and came to samuel , to ramah , and their they sought a king. . one could not more clearly speak with the mouth of a false prophet , then the author of active and passive obedience doth , while he will have samuel here to describe a king , and to say ; yee have formerly committed one errour in shaking off the yoke of god , and seeking a king ; so now beware you fall not in the next errour , in casting of the yoke of a king , which god at your own desire hath laid on you ; for god hath onely power , both to make and unmake kings ; therefore prepare your selves patientlie to suffer and bear . answ . for if he were exhorting to patient suffering of the yoke of a king , he should presume it were gods revealed and regulating will , that they should have a king ; but the scope of samuels sermon , is to disswade them from a king , and they by the contrary ( verse . say they ) nay , but we will have a king ; and there not one word in the text , that may intimate patience under the yoke of a king. . there is here the description of a tyrant , not of a king. . here is a threatning and a prediction , not any thing that smelleth of an exhortation . object . but it is evident , that god teaching the people how to behave themselves under the unjust oppressions of their king , he sets down no remedy but tears , crying to god , prayer , and patience ; therefore resistance is not lawfull . answ . though this be not the place due to the doctrine of resistance , yet to vindicate the place ; i say , there is not one word of any lawfull remedy in the text , onely it is said , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , et clamatis in illa die a faciebus regis vestri : it is not necessarily to be exponed of praying to god , iob . . by reason of the multitude of the oppression , they make the oppressed to cry , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 clamare faciunt , isai . . . and heshbon shall cry . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the armed souldiers of moab shall cry out . there is no other word here , then doth expresse the idolatrous prayers of moab , isai . . . and habbak . . . the stone shall cry out of the wall 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , deut. . . you shall stone the maide 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , because she cryed not 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ; but she is not to be stoned , because she prayed not to god , ps . . . davids enemies cryed , and there was none to save , even to the lord , and he heard not . . though it were the prophets meaning , they cryed to the lord , yet it is not the crying of a people humbled , and in faith speaking to god in their troubles , zach. . . they cryed , and i will not heare , therefore royalists must make crying to god out of the bitternesse of affliction , without humiliation and faith , and such prayets of sinners as god heareth not , psal . . . ioh. . . esay . . to be the only remedy of a people oppressed by a tyrannous king ; now it is certaine , god prescribeth no unlawfull meanes to an oppressed people , under their affliction , therefore it is cleare here , that god speaketh only of evills of punishment , such as is to cry in trouble , and not be heard of god , and that he prescribeth here no duty at all , nor any remedy . . all protestant divines say ; ex particulari non valet argumentum negativé , from one particular place , a negative argument is not good . this remedy is not written in this particular place , therefore it is not written at all in other places of scripture ; so tim. . . the end of excommunication is , that the party excommunicated may learne not to blaspheme , ergo the end is not also that the church be not infected , it followeth not , the contrary is cleare , cor. . v. . d. ferne and other royalists teach us , that we may supplicate and make prayers to a tyranous king. . we may fly from a tyranous king : but neither supplicating the king , nor flying from his sury shall be lawfull meanes left by this argument , because these meanes are no more in this text ( where royalists say the spirit of god speaketh of purpose of the meanes to be used against tyranny ) then violent resisting , is this text . barclay , ferne , grotius , arnisaeus , the p. prelate following them saith , an ill king is a punishment of god , for the sins of the people , and there is no remedy but patient suffering . ans . truely it is a silly argument . the assyrians comming against the people of god , for their sins , is a punishment of god , esa . . . . . but doth it follow that it is unlawfull , for israel to fight and resist the assyrians , and that they had warrant to doe no other thing , but lay downe armes , and pray to god , and fight none at all ? is there no lawfull resisting of ills of punishment , but meere prayers and patience ? the amalikites came out against israel for their sinnes , senahkerib against ezekiah , for the sins of the people . asa his enemies fought against him for his sins , and the peoples sins ; shall moses and the people , hezekiah , asa , do then nothing but pray and suffer ? is it unlawfull with the sword to resist them ? i beleeve not , famine is often a punishment of god in a land , amos. . , . is it therefore in famine , unlawfull to till the earth , and seeke bread by our industry and are we to doe nothing but to pray for daily bread ? it is a vaine argument . observe therefore the wickednesse of barclay , contra monarch . l. . p. . for he would prove , that a power of doing ill , and that without any punishment to be inflicted by man , is from god ; because our lawes punish not perjurie , but leaveth it to be punished of god , l. . l. de reb. cred . cujacius , l. . obs . c. . and the husband in moses his law , had power to give a bill of divorce to his wife , and send her away ; and the husband was not to be punished . and also stewes and work-houses for harlots , and to take usurie , are tolerated in many christian commonwealths , and yet these are all sorts of murthers , by the confession of heathen : ergo , ( saith barclaius ) god may give a power for tyrannous acts to kings , so as they shall be under no punishment to be inflicted by men . ans . all this is an argument from fact . . a wicked magistracie may permit perjurie and lying in the common-wealth , and that without punishment ; and some christian commonweales , he meaneth his own synagogue of rome , spirituall sodome , a cage of uncleane birds , suffereth harlotrie by law , and the whores pay so many thousands yearely to the pope , and are free of all punishment by law , to eschew homicides , adulteries of romish priests , and other greater sinnes : therefore god hath given power to a king to play the tyrant , without any feare of punishment to be inflicted by man. but . if this be a good argument , the magistrate to whom god hath committed the sword to take vengeance on evill doers , rom. . , , , . such as are perjured persons , professed whores and harlots , hath a lawfull power from god to connive at sinnes and grosse scandals in the commonwealth , as they dreame that the king hath power given from god to exercise all acts of tyranny without any resistance . but , . this was a grievous sinne in eli , that he being a father and a iudge , punished not his sonnes for their uncleannesse , and his house , in gods heavy displeasure , was cut off from the priesthood therefore . then god hath given no such power to the iudge . . the contrary duty is lying on the iudge , to execute judgement for the oppressed , iob . , , , , , . ier. . , . and perverting of judgement , and conniving at the heynous sinnes of the wicked , is condemned , num. . , . sam. . . king. . , . esa . . . & . . & , . and therefore god hath given no power to a iudge to permit wicked men to commit grievous crimes , without any punishment . as for the law of divorce , it was indeed a permissive law , whereby the husband might give the wife a bill of divorce , and be free of punishment before men , but not free of sinne and guiltinesse before god , for it was contrary to gods institution of mariage at the beginning , as christ saith : and the prophet saith , that the lord hateth putting away . but that god hath given any such permissive power to the king , that he may doe what he pleaseth , and cannot be resisted : this is in question . . the law spoken of in the text , is by royalists called , not a consuetude of tranny , but the divine law of god , whereby the king is formally and essentially distinguished from the judge in israel : now if so , a power to sinne , and a power to commit acts of tyranny , yea , and a power in the kings sergeants and bloody emissaries to waste and destroy the people of god , must be a lawfull power given of god : for a lawfull power it must be , if it commeth from god , whether it be from the king in his own person , or from his servants at his commandement , and by either put forth in acts , as the power of a bill of divorce was a power from god , exempting either the husband from punishment before men , or freeing the servant , who at the husbands command , should write it , and put it in the hands of the woman . i cannot beleeve that god hath given a power , and that by law , to one man to command twenty thousand cut-throats to kill and destroy all the children of god , and that he hath commanded his children to give their necks and heads to babels sonnes without resistance . this i am sure is another matter then a law for a bill of divorce to one woman , maried by free election of a humorous and unconstant man. but sure i am , god gave no permissive law from heaven , like the law of divorce , for the hardnesse of the heart , not of the iewes only , but also of the whole christian and heathen kingdomes under a monarch ; that one emperour may , by such a law of god , as the law of divorce , kill , by bloody cut-throats , such as the irish rebels are , all the nations that call on gods name , men , women , and sucking infants . and if providence impede the catholike issue , and dry up the seas of blood , it is good : but god hath given a law , such as the law of divorce , to the king , whereby he , and all his , may without resistance , by a legall power given of god , who giveth kings to be fathers , nurses , protectors , guides , yea the breath of nostrils of his church , as speciall mercies and blessings to his people , he may ( i say ) by a law of god , as it is sam. . , . cut off nations , as that lyon of the world , nebuchadnezzar did . so royalists teach us . barclaius l. . cont . monarchoma . pag. . the lord spake to samuel the law of the king , and wrot it in a booke , and laid it up before the lord. but what law ? that same law which he proposed to the people when they first sought a king : but that was the law contemning precepts rather for the peoples obeying , then for the kings commanding , for the people was to be instructed with those precepts , not the king. those things that concerned the kings duty , deut. . moses commanded to be put into the arke , but so if samuel had commanded the king , that which moses , deut. . commanded , he had done no new thing , but had done againe what was once done , actum egisset , but there was nothing before commanded the people concerning their obedience and patience under evill princes . ioseph . antiq. l. . c. . he wrote 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , the evills that were to befall them . ans . it was not that same law , for though this law was written to the people , yet it was the law of the king : and i pray you , did samuel write in a booke all the rules of tyranny , and teach saul and all the kings after him ( for this book was put in the ark of the covenant , where also was the booke of the law ) how to play the tyrant ? and what instruction was it to king or people to write to them a book of the wicked waies of a king , which nature teacheth without a doctor ? sanctius saith on the place , these things which by mens fraud , and to the hurt of the publick may be corrupted , were kept in the tabernacle , and the booke of the law was kept in the arke . cornelius a lapide saith , it was the law common to king and people , which was commonly kept with the booke of the law , in the arke of the covenant . lyra contradicteth barclay , he exponeth legem , legem regni non secundum usurpationem supra positam , sed secundum ordinationem dei positam , deut. . theodat . excellently exponeth it the fundamentall lawes of the kingdome , inspride by god to temper monarchy , with a liberty befitting gods people , and with equity toward a nation — to withstand the abuse of an absolute power . . can any beleeve samuel would have written a law of tyranny , and put that booke in the arke of the covenant before the lord , to be kept to the posterity , seeing he was to teach both king and people the good and the right way , sam. . , , . . where is the law of the kingdome called a law of punishing innocent people ? . to write the duty of the king in a booke , and apply it to the king , is no more superfluous , nor to teach the people the good and the right way out of the law , and apply generalls to persons . . there is nothing in the law , sam. . . . . of the peoples patience , but rather of their impatient crying ou● , god not hearing nor helping ; and nothing of that in this booke , for any thing that we know , and iosephus speaketh of the law , sam. . not of this law , sam. . quest . xix . whether or no the king be in dignity and power above the people ? in this grave question divers considerations are to be pondered . . there is a dignity materiall in the people scattered , they being many representations of god and his image , which is in the king also , and formally more as king , he being indued with formall magistraticall and publick royall authority , in the former regard this or that man is inferiour to the king , because the king hath that same remander of the image of god that any private man hath and something more , ●e hath a politicke resemblance of the king of heavens , being a little god , and so is above any one man. . all these of the people taken collectively having more of god , as being representations , are according to this materiall dignity excellenter then the king , because many are excellenter then one , and the king according to the magistraticall and royall authority he hath , is excellenter then they are , because he partaketh formally of royalty , which they have not formally . . a meane or medium , as it is such , is lesse then the end , though the thing materially that is a meane , may be excellenter ; every mean as a meane , under that reduplication hath all its goodnesse and excellency in relation to the end , yet an angell that is a meane , and a ministring spirit , ordained of god for an heire of life eternall , heb. . . considered materially , is excellenter then a man , psal . . . heb. . , , . . a king and leader in a military consideration , and as a governour and conserver of the whole army , is more worth then ten thousand of the people , sam. . . . but simply and absolutely the people is above , and more excellent then the king , and the king in dignity inferiour to the people ; and that upon these reasons . . because he is the meane ordained for the people , as for the end , that he may save them , . sam. . . a publick shepheard to feede them , ps . . , , , . the captaine and leader of the lords inheritance , sam. . . to defend them , the minister of god for their good , rom. . . . the pilot is lesse then the whole passengers , the generall lesse then the whole army , the tutor lesse then all the children , the physician lesse then all the living men whose health he careth for ; the master or teacher lesse then all the schollars , because the part is lesse then the whole : the king is but a part and a member ( though i grant a very eminent and noble member ) of the kingdome . . a christian people especially is the portion of the lords inheritance , deut. . . the sheepe of his pasture , his redeemed ones , for whom god gave his blood , act. . . and the killing of a man is to violate the image of god , gen. . . and therefore the death and destruction of a church , and of thousand thousands of men is a sadder and a more heavy matter then the death of a king , who is but one man. . a king as a king , or because a king is not the inheritance of god , nor the chosen and called of god , nor the sheepe or flocke of the lords pasture , nor the redeemed of christ , for those excellencies agree not to kings , because they are kings ; for then all kings should be indued with those excellencies , and god should an be accepter of persons , if he put those excellencies of grace upon men for externall respects of highnesse and kingly power , and worldly glory and splendor ; for many living images and representations of god , as he is holy , or more excellent then a politique representation of gods greatnesse and majesty , such as the king is ; because that which is the fruit of a love of god , which commeth nearer to gods most speciall love , is more excellent then that which is farther remote from his speciall love ; now though royalty be a beame of the majesty of the greatnesse of the king of kings , and lord of lords ; yet is it such a fruit and beam of gods greatnesse , as may consist with the eternall reprobation of the party loved , so now gods love from whence he communicateth his image , representing his owne holinesse , commeth nearer to his most speciall love of election of men to glory . . if god give kings to be a ransome for his church , and if he slay great kings for their sake , as pharaoh king of aegypt , esa . . and sihon king of the amorites , and og king of bashan , ps . . , , . if he plead with princes and kings for destroying his people , esa . . v. , , . if he make babylon and her king a threshing-floore , for the violence done to the inhabitants of zion , ier. . , , . then his people as his people , must be so much dearer and more precious in the lords eyes , then kings because they are kings , by how much more his justice is active to destroy the one , and his mercy to save the other . neither is the argument taken off , by saying the king must in this question be compared with his owne people ; not a forraigne king with other forraigne people over whom he doth not raigne , for the argument proveth that the people of god are of more worth then kings as kings ; and nebuchadnezer and pharoah for the time were kings to the people of god , and forraigne kings are no lesse essentially kings , then kings native are . . those who are given of god as gifts for the preservation of the people , to be nurse-fathers to them ; those must be of lesse worth before god , then those to whom they are given , since the gift , as the gift , is lesse then the party on whom the gift is bestowed . but the king is a gift for the good and preservation of the people , as is cleare , esa . . and from this that god gave his people a king in his wrath , we may conclude , that a king of himselfe , except god be angry with his people , must be a gift . . that which is eternall , and cannot politically die , yea which must continue as the dayes of heaven , because of gods promise ; that is more excellent then that which is both accidentall , temporarie and mortall . but the people is both eternall , as people , because eccles . . . one generation passeth away , and another generation commeth : and as a people in covenant with god , ier. . , . in respect that a people and church , though mortall in the individuals , yet the church , remaining the church , cannot dye ; but the king , as king , may , and doth dye : it is true , where a kingdome goeth by succession , the politicians say , the man who is king , dyeth ; but the king never dyeth , because some other , either by birth or free election , succeedeth in his roome . but i answer , . people by a sort of necessity of nature succeedeth to people , generation to generation , except gods judgement , contrary to nature , intervene to make babylon no people , and a land that shall never be inhabited , ( which i both believe and hope for , according to gods word of prophecie ) but a king by a sort of contingencie succeedeth to kings : for nature doth not ascertaine us there must be kings to the worlds end ; because the essence of governours is kept safe in aristocracie and democracie , though there were no kings . and that kings should necessarily have been in the world , if man had never fallen in sinne , i am not , by any cogent argument , induced to beleeve . i conceive there should have been no government but these of fathers & children , husband and wife ; and ( which is improperly government ) some more gifted with supervenient additions to nature , as gifts and excellencies of engines . now in this point , althusius polit . c. . n. . saith , the king in respect of office is worthier then the people ; ( but this is but an accidentall respect ) but as the king is a man , he is inferior to the people . but , . he who by office is obliged to expend himselfe , and to give his life for the safety of the people , he must be inferior to the people . so christ saith , the life is more then rayment or food , because both these give themselves to corruption for mans life : so the beasts are inferiour to man , because they die for our life , that they may sustaine our life : and caiaphas prophesied right , that it was better that one man die , then that the whole nation perish , joh. . v. . and in nature , elements against their particular inclination defraud themselves of their private and particular ends , that the commonwealth of nature may stand , as heavy elements ascend , light descend , lest nature should perish by a vacuitie . and the good shepherd , ioh. . giveth his life for his sheep . so saul and david both were made kings to fight the lords battels , and to expose their lives to hazard for the safetie of the church and people of god. but the king by office is obliged to expend his life for the safety of the people of god ; he is obliged to fight the lords battels for them , to goe betwixt the flock and death , as paul was willing to be spent for the church . it may be objected , jesus christ gave himselfe a ransome for his church , and his life for the life of the world , and was a gift given to the world , ioh. . . & . . and he was a meane to save us : and so what arguments we have before produced to prove that the king must be inferior to the people , because he is a ransome , a meane , a gift ; are not concludent . i answer : consider a meane reduplicatively , and formaliter , as a meane , and secondly , as a meane materially , that is , the thing which is a meane . . consider that which is only a mean , and ransome , and gift , and no more ; and that which , beside that it is a meane , is of a higher nature also . so christ formally as a meane , giving , . his temporall life ; . for a time ; . according to the flesh : for , . the eternall life ; . of all the catholike church to be glorified eternally ; . not his blessed godhead and glorie , which , as god , he had with the father from eternitie . in that respect christ hath the relation of a servant , ransome , gift , and some inferioritie in comparison of the church of god : and his fathers glory , as a meane , is inferior to the end , but christ materially , in concreto : christ is not only a meane to save his church , but as god , ( in which consideration he was the immortall lord of life ) he was more then a meane , even the author , efficient and creator of heaven and earth : and so there is no ground to say that he is inferiour to the church ; but the absolute head , king , the chiefe of ten thousand , more in excellencie and worth then ten thousand millions of possible worlds of men and angels . but such a consideration cannot befall any mortall king ; because , consider the king materially as a mortall man , he must be inferior to the whole church , for he is but one , and so of lesse worth then the whole church , as the thumbe , though the strongest of the fingers , yet it is inferior to the hand , and far more to the whole body , as any part is inferior to the whole . . consider the king reduplicative , and formally as king , and by the officiall relation he hath , he is no more then but a royall servant , an officiall meane , tending , ex officio , to this end , to preserve the people , to rule and governe them ; and a gift of god , given , by vertue of his office , to rule the people of god : and so any way inferiour to the people . . those who are before the king ▪ and may be a people without a king , must be of more worth then that which is posteriour , and cannot be a king without them . for thus gods selfe sufficiency is proved , in that he might be , and eternally was blessed for ever , without his creature , but his creature cannot subsist in being without him . now the people were a people many yeares , before there was any government ( save domestick ) and is a people where there is no king , but only an aristocracy , or a democracy ; but the king can be no king without a people . it is vaine that some say , the king and kingdome are relatives , and not one is before another ; for its true in the naked relation , so are father and sonne , master and servant , relata simul natura ; but sure there is a priority of worth and independency for all that , in the father above the sonne , and in the master above the servant , and so in the people above the king , take away the people , and dyonisius is but a poore schoole-master . . asser . the people in power are superiour to the king , . because every efficient and constituent cause is more excellent then the effect . every meane is inferiour in power to the end , so iun. brutus , q. . bucher l. . c. . author . lib. de offic . magistr . q. . henaenius disp . . n. . ioan. roffensis epist . de potest . pap . l. . c. . spalato de repu . ecclesiast . l. . c. . n. . but the people is the efficient and constituent cause , the king is the effect , the people is the end ; both intended of god to save the people , to be a healer and a physician to them , esay . v. . and the people appoint and create the king out of their indigence , to preserve themselves from mutuall violence . many things are objected against this , . that the efficient and constituent cause is god , and the people is only the instrumentall cause ; and spalato saith , that the people doth indirectly only give kingly power , because god , at their act of election , ordinarily giveth it . ans . the scripture saith plainly , as we heard before , the people made kings , and if they doe , as other second causes produce their effects , it is all one that god as the principall cause maketh kings , else we should not argue from the cause to the effect amongst the creatures . . god by that same action that the people createth a king , doth also , by them , as by his instruments create a king , and that god doth not immediatly , at the naked presence of the act of popular election , conferre royall dignity on the man , without any action of the people , as they say by the churches act of conferring orders , god doth immediatly without any act of the church , infuse from heaven supernaturall habilities on the man , without any active influence of the church , is evident by this , . the royall power to make lawes with the king , and so a power eminent in their states representative to governe themselves , is in the people , for if the most high acts of royalty be in them , why not the power also ? and so what need to fetch a royall power from heaven , to be immediatly infused in him , seeing the people hath such a power in themselves at hand ? . the people can , and doth limite , and bind royall power in elected kings , ergo they have in them royall power to give to the king ; those who limit power , can take away so many degrees of royall power , and those who can take away power , can give power ; and it is unconceiveable , to say that people can put restraint upon a power immediatly comming from god , if christ immediatly infuse an apostolick spirit in paul , mortall men cannot take from him any degrees of that infused spirit ; if christ infuse a spirit of nine degrees , the church cannot limit it to six degrees only ; but royalists consent that the people may choose a king , upon such conditions to raigne , as he hath royall power of ten degrees , whereas his ancester had by birth a power of foureteen degrees . . it is not intelligible that the holy ghost should give commandement to the people to make such a man king , deut. . , . and forbid them to make such a man king , if the people had no active influence in making a king at all , but god solely and immediately from heaven did infuse royalty in the king without any action of the people , save a naked consent only , and that after god had made the king , they should approve only with an after-act of naked approbation . . if the people by other governours , as by heads of families , and other choise men , governe themselves , and produce these same formall effects of peace , justice , religion , on themselves , which the king doth produce , then is there a power of the same kind , and as excellent as the royall power in the people , and no reason , but this power should be holden to come immediatly from god , as the royall power , for it is every way of the same nature and kind , and as i shall prove , kings and iudges differ not in nature and spece , but it is experienced that people doe , by aristocraticall guides , governe themselves , &c. so then , if god immediatly infuse royalty , when the people chooseth a king , without any action of the people , then must god immediatly infuse a beame of governing on a provost and a bailiffe , when the people choose such , and that without any action of the people , because all powers are , in abstracto , from god , rom. . . and god as immediatly maketh inferiour iudges , as superiour , prov. . . and all promotion , even to be a provost or major , commeth from god only , as to be a king , except royalists say , all promotion commeth from the east , and from the west , and not from god , except promotion to the royall throne , the contrary whereof is said , ps . . , . sam. . , . not only kings , but all judges are gods , ps . . , . and therefore all must be the same way created and moulded of god , except by scripture royalists can shew us a difference . an english prelate giveth reasons , why people , who are said to make kings as efficients , and authors , cannot unmake them : the one is , because god as chief and sole supreame moderator maketh kings , but i say , christ as the chiefe moderator , and head of the church , doth immediatly conferre abilities to a man to be a preacher , and though by industry the man acquire abilities , yet in regard the church doth not so much as instrumentally conferre those abilities , they may be said to come from god immediatly , in relation to the church , who calleth the man to the ministery , yea royalists , as our excommunicated prelate learned from spalato , say that god , at the naked presence of the churches call , doth immediatly infuse that from heaven , by which the man is now in holy orders , and a pastor , whereas he was not so before ; and yet prelates cannot deny , but they can unmake ministers , and have practised this in their unhallowed courts : and therefore though god immediatly without any action of the people make kings , this is a weake reason , to prove they cannot unmake them . as for their undeleble character , that prelates cannot take from a minister , it is nothing , if the church may unmake a minister , though his character goe to prison with him : we seeke no more but to anull the reason . god immediatly maketh kings and pastors , ergo no power on earth can unmake them ; this consequence is as weake as water . . the other cause is , because god hath erected no tribunall on earth higher then the kings tribunall , ergo no power on earth can unmake a king ; the antecedent and consequence is both denyed , and is a begging of the question : for the tribunall that made the king is above the king. . though there be no tribunall formally regall and kingly above the king , yet is there a tribunall vertuall eminently above him in the case of tyranny , for the states and princes have a tribunall above him . . to this the constituent cause is of more power and dignity then the effect , and so the people is above the king. the p. prelate borrowed an answer from arnisaeus , and barclay , and other royalists , and saith , if we knew any thing in law , or were ruled by reason ; every constituent ( saith arnisaeus and barclay more accurately then the p. prelate had a head to transcribe their words ) where the constituent hath resigned all his power in the hand of the prince whom he constitutes , is of more worth , and power , then he in whose hand they resigne the power : so the proposition is false . the servant who hath constituted his master lord of his liberty , is not worthier then his master whom he hath made his lord , and to whom he hath given himselfe as a slave ; for after he hath resigned his liberty he cannot repent , he must keepe covenant though to his hurt : yea such a servant is not only not above his master , but he cannot move his foot without his master . the governour of britaine ( saith arnisaeus ) being despised by king philip , resigned himselfe as vassall to king edward of england , but did not for that make himselfe superiour to king edward : indeed he who constituteth another under him as a legat , is superiour ; but the people doe constitute a king above themselves , not a king under themselves , and therefore the people are not by this made the kings superiour , but his inferiour . ans . . it is false that the people doth , or can by the law of nature resigne their whole liberty in the hand of a king , . they cannot resigne to others that which they have not in themselves , nemo potest dare quod non habet , but the people hath not an absolute power in themselves to destroy themselves , or to exercise those tyrannous acts spoken of , sam. . , , , , , &c. for neither god , nor natures law hath given any such power . . he who constituteth himselfe a slave is supposed to be compelled to that unnaturall fact of alienation of that liberty , which he hath from his maker , from the wombe , by violence , constraint , or extreame necessity , and so is inferiour to all free men , but the people doth not make themselves slaves when they constitute a king over themselves , because god giving to a people a king , the best and excellentest governour on earth , giveth a blessing and speciall fafour , esay . . hosea . v. . esay . , . ps . . , , . but to lay upon his people the state of slaverie , in which they renounce their whole libertie , is a curse of god , gen. . . gen. . . deut. . . . but the people having their liberty to make any of ten or twenty , their king , and to advance one from a private state to an honorable throne , whereas it was in their libertie to advance another , and to give him royall power of ten degrees , whereas they might give him power of twelve degrees , and of eight , or sixe , must be in excellencie and worth above the man , whom they constitute king , and invest with such honour : as honour in the fountain , and honos participans & originans , must be more excellent and pure then the derived honour in the king , which is honos particip●tus & originatus . . if the servant give his libertie to his master , ergo , he had that libertie in him ; and in that act , libertie must be in a more excellent way in the servant , as in the fountaine , then it is in the master : and so this libertie must be purer in the people then in the king : and therefore in that , both the servant is above the master , and the people worthier then the king : and when the people give themselves conditionally and covenant-wise to the king , as to a publique servant , and patron , and tutour , as the governour of britaine , out of his humour , gave himselfe to king edward ; there is even here a note of superioritie ; every giver of a benefit , as a giver , is superior to him to whom the gift is given ; though after the servant hath given away his gift of libertie , by which he was superiour , he cannot be a superior , because by his gift he hath made himselfe inferior . . the people constituteth a king above themselves , i distinguish , supra se , above themselves , according to the fountaine power of royaltie , that is false ; for the fountaine-power remaineth most eminently in the people , . because they give it to the king , ad modum recipientis , and with limitations , ergo , it is unlimited in the people , and bounded and limited in the king , and so lesse in the king then in the people . . if the king turne distracted , and an ill spirit from the lord come upon saul , so as reason be taken from a nebuchadnezzar , it is certaine the people may put curators and tutors over him , who hath the royall power . . if the king be absent , and taken captive , the people may give the royall power to one , or to some few to exercise it as custodes regni . and . if he die , and the crown goe by election , they may create another with more or lesse power : all which evinceth , that they never constituted over themselves a king , in regard of fountaine-power ; for if they give away the fountaine , as a slave selleth his libertie , they could not make use of it . indeed they set a king above them , quoad potestatem legum executivam , in regard of a power of executing lawes and actuall government , for their good and safetie : but this proveth only that the king is above the people , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , in some respect ; but the most eminent and fountaine-power of royaltie remaineth in the people , as in an immortall spring , which they communicate by succession to this or that mortall man , in the manner and measure that they thinke good : and vlpian and bartolus , cited by our prelate out of barclaius , are only to be understood of the derived , secondary and borrowed power of executing lawes , and not of the fountaine power , which the people cannot give away , no more then they can give away their rationall nature ; for it is a power naturall , to conserve themselves , essentially adhering to every created being : for , if the people give all their power away , . what shall they reserve to make a new king , if this man dye ? . what if the royall line surcease ? there be no prophets immediately sent of god , to make kings . . what if he turne tyrant , and destroy his subjects with the sword ? the royalists say , they may slie : but when they made him king , they resigned all their power to him , even their power of flying ; for they bound themselves by an oath ( say royalists ) to all passive and lawfull active obedience : and , i suppose , to stand at his tribunal , if h● summoned the three estates , upon treason , to come before him , is conteined in the oath , that royalists say , bindeth all , and is contradictorie to flying . arnisaeus ▪ a more learned iurist and divine then the p. prelate , answereth the other maxime , the end is worthier then the meane leading to the end , because it is ordained for the end . these meanes , saith he , which referre their whole nature to the end , and have all their excellencie from the end , and have excellencie from no other thing but from the end , are lesse excellent then the end ; that is true , such an end as medicine is for health . and hugo grotius , l. . c. . n. . those meanes which are only for the end , & for the good of the end , and are not for their own good , also are of lesse excellencie , and inferior to the end . but so the assumption is false . but those meanes which beside their relation to the end , have an excellencie of nature in themselves , are not alwayes inferior to the end . the disciple , as he is instituted , is inferior to the master ; but as he is the sonne of a prince , he is above the master . but by this reason , the shepherd should be inferior to bruit beasts , to sheep . and the master of the familie is for the familie , and referreth all that he hath for the entertaining of the familie : but it followeth not therefore the familie is above him . the forme is for the action , therefore the action is more excellent then the forme , and an accident then the subject or substance ? and grotius saith , every government is not for the good of another , but some for its own good , as the government of a master over the servant , and the husband over the wife . ans . i take the answer thus : those who are meere meanes , and only meanes referred to the end , they are inferior to the end : but the king , as king , hath all his officiall and relative goodnesse in the world , as relative to the end . all that you can imagine to be in a king , as a king , is all relative to the safety and good of the people , rom. . . he is a minister for thy good . he should not , as king , make himselfe , or his own gaine and honour , his end . i grant , the king , as a man , shall dye as another man , and so he may secondarily intend his own good ; and what excellencie he hath as a man , is the excellencie of one mortall man , and cannot make him amount in dignitie , and in the absolute consideration of the excellencie of a man , to be above many men and a whole kingdome : for the moe good things there be , the better they are , so the good things be multiplicable , as a hundred men are better then one : otherwise , if the good be such as cannot be multiplied , as one god , the multiplication maketh them worse , as many gods are inferiour to one god. now if royalists can shew us any more in the king then these two , we shall be obliged to them ; and in both , he is inferiour to the whole . the prelate and his followers would have the maxime to lose credit ; for then ( say they ) the shepherd should be inferior to the sheep : but in this the maxime faileth indeed . . because the shepherd is a reasonable man , and the sheep bruit beasts , and so must be excellenter then all the flocks of the world . now as he is a reasonable man , he is not a shepherd , nor in that relation referred to the sheep and their preservation , as a mean to the end ; but he is a shepherd by accident , for the unrulinesse of the creatures , for mans sinne , withdrawing themselves from that naturall dominion that man had over the creatures , before the fall of man : in that relation of a meane to the end , and so by accident , is this officiall relation put on him ; and according to that officiall relation , and by accident , man is put to be a servant to the bruitish creature , and a meane to so base an end . but all this proveth him , through mans sinne , and by accident , to be under the officiall relation of a meane , to baser creatures then himselfe , as to the end , but not as a reasonable man. but the king , as king , is an officiall and royall meane to this end , that the people may lead a godly and peaceable life under him . and this officiall relation being an accident , is of lesse worth then the whole people , as they are to be governed . and i grant , the kings sonne , in relation to blood and birth , is more excellent then his teachers : but as he is taught , he is inferiour to his teacher : but in both considerations the king is inferior to the people ; for though he cōmand the people , and so have an executive power of law above them , yet have they a fountain power above him , because they made him king , and in gods intention he is given as king for their good , according to that , thou shalt feed my people israel : & that , i gave him for a leader of my people . . saith the p. prelate : the constituent cause is excellenter then the effect constituted , where the constitution is voluntary , and dependeth upon the free act of the will , as when the king maketh a vice-roy or a judge , durante beneplacito , during his free will : but not when a man maketh over his right to another ; for then there should be neither faith nor truth in covenants , if people might make over their power to their king , and retract and take back what they have once given . ans . this is a begging of the question : for it is denyed that the people can absolutely make away their whole power to the king : it dependeth on the people that they be not destroyed . they give to the king a politique power for their own safetie , and they keepe a naturall power to themselves , which they must conserve , and cannot give away ; and they doe not breake their covenant , when they put in act that naturall power to conserve themselves ; for though the people should give away that power , and sweare , though the king should kill them all , they should not resist , nor defend their own lives ; yet that being an oath against the sixth command , which enjoyneth naturall selfe-preservation , it should not oblige the conscience ; for it should be intrinsecally sinfull ; and it 's all one to sweare to non-self-preservation , as to sweare to selfe-murther . . if the people ( saith the prelate , begging the answer from barclay ) the constituent be more excellent then the effect , and so the people above the king , because they constitute him king. then the counties and corporations may make voyd all the commissions given to the knights and burgesses of the house of commons , and send others in their place , and repeal their orders , therefore buchanan saith , that orders and lawes in parliament were but 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 preparatorie consultationis , and had not the force of a law , till the people give their consent , and have their influence authoritative , upon the statutes and acts of parliament . but the observator holdeth that the legislative power is whole and intire in the parliament . but when the scots were preferring petitions and declarations , they put all power in the collective body , and kept their distinct tables . ans . there is no consequence here , the counties and incorporations that send commissioners to parliament , may make voyd their commissions and anull their acts , because they constitute them commissioners ; if they be unjust acts , they may disobey them , and so disanull them , but it is presumed god hath given no morall power to doe ill , nor can the counties and corporations give any such power to evill , for they have not any such from god , if they be just acts , they are to obey them , and cannot retract commissions to make just orders . illud tantum possumus quod jure possumus , and therefore as power to governe justly is irrevocably committed by the three estates who made the king , to the king , so is that same power committed by the shires and corporations to their commissioners , to decree in parliament , what is just and good irrevocably ▪ and to take any just power from the king which is his due , is a great sin ; but when he abuseth his power to the destruction of his subjects , it is lawfull to throw a sword out of a mad-mans hand , though it be his owne proper sword , and though he have due right to it , and a just power to use it for good , for all fiduciary power abused may be repealed ; and if the knights and burgesses of the house of commons abuse their fiduciary power to the destruction of these shires and corporations , who put the trust on them , the observator did never say that parliamentary power was so intire and irrevocably in them , as that the people may not resist them , anull their commissions , and rescind their acts , and denude them of fiduciary power , even as the king may be denuded of that same power by the three estates , for particular corporations are no more to be denuded of that fountain-power of making commissioners , and of the self preservation , then the three estates are . . the p. prelate commeth not home to the mind of buchanan , who knew the fundamental lawes of scotland , & the power of parliaments , for his meaning was not to deny a legislative power in the parliament , but when he calleth their parliamentary declarations 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 his meaning is only that which lawyers and schoole-men both say , leges non promulgatae non habent vim legis actu completo obligatoriae , lawes not promulgated doe not oblige the subject while they be promulgated , but he falsifies buchannan , when he saith , parliamentary lawes must have the authoritative influence of the people , before they can be formall lawes , or any more then 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or preparatory notions . and it was no wonder , when the king denyed a parliament , and the supreme senate of the secret counsell was corrupted , then that the people did set up tables , and extraordinary judicatures of the three estates , seeing there could not be any other government for the time . . barclay answereth to that , the meane is inferiour to the end , it holdeth not , the tutor and curator is for the minor , as for the end , and given for his good ; but it followeth not that therefore the tutor in the administration of the minor or pupils inheritance is not superiour to the minor . ans . . it followeth well that the minor virtually , and in the intention of the law is more excellent then the tutor , though the tutor can exercise more excellent acts then the pupill , by accident , for defect of age in the minor , yet he doth exercise those acts with subordination to the minor , and with correction , because he is to render an account of his doings to the pupill comming to age : so the tutor is only more excellent , and superiour in some respect , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 but not simply , and so is the king in some respect above the people . the p. prelate beggeth from the royalists another of our arguments , quod efficit tale , est magis tale . that which maketh another such , is farre more such it selfe ; if the people give royall power to the king , then farre more is the royall power in the people . by this ( saith the prelate ) it shall follow if the observator give all his goods to me , to make me rich , the observator is more rich ; if the people give most part of their goods to foment the rebellion , then the people are more rich , having given all they b●ve upon the publicke faith. ans . . this greedy prelate was made richer then ten poore pursevants , by a bishopricke , it will follow well ; ergo the bishopricke is richer then the bishop , whose goods the curse of god blasteth . . it holdeth in efficient causes , so working in other things as the vertue of the effect remaineth in the cause , even after the production of the effect . as the sunne maketh all things light , the fire all things hot , therefore the sun is more light , the fire more hot ; but where the cause doth alienate and make over , in a corporall manner , that which it hath to another , as the hungry prelate would have the observators goods , it holderh not ; for the effect may exhaust the vertue of the cause , but the people doth , as the fountaine , derive a streame of royalty to saul , and make him king , and yet so as they keepe fountain-power of making kings in themselves ; yea when saul is dead to make david king at hebron , and when he is dead to make solomon king , and after him , to make rehoboam king : and therefore in the people there is more fountaine power of making kings then in david , in saul , in any king of the world ; as for the prelates jeere about the peoples giving of their goods to the good cause , i hope it shall by the blessing of god inrich them more , whereas prelates by the rebellion in ireland ( to which they assent , when they counsell his majesty to sell the blood of some hundred thousands of innocents killed in ireland ) are brought from thousands a yeare , to begg a morsell of bread . the prelate answereth that maxime , quod efsicit tale , id ipsum est magis tale . that which maketh another such , it is it selfe more such . it is true , de principio formali effectivo ( as i learned in the vniversity ) of such an agent as is formally such in it selfe , as is the effect produced . next , it is such as is effective and productive of it selfe , as when fire heateth cold water , so the quality must be formally inherent in the agent , as wine maketh drunke , it followeth not , wine is more drunke , because drunkennesse is not inherent in the wine , nor is it capable of drunkennesse ; and therefore aristotle qualifieth the maxime with this , quod efficit tale est magis tale , modo utrique insit . and it holdeth not in agents , who operate by donation , if the right of the king be transferred from the people to the king. the donation devesteth the people totally of it , except the king have it by way of loane , which to my thinking , never yet any spoke — soveraignty never was , never can be in the community ; soveraignty hath power of life and death , which none hath over himselfe , and the community conceived without government , all as equall , endowed with natures and native liberty , of that community can have no power over the life of another . and so the argument may be turned home , if the people be not tales , such by nature ( as hath formally royall power , he should say ) they cannot give the king royall power . also none hath power of life and death either eminenter or formally , the people either singly or collectively have not power over their owne life , much lesse over their neighbours . ans . . the prelate would make the maxime true of a formall cause , and this he learned in the university of st. andrewes , he wrongeth the university , he rather learned it while he kept the calves of craile , the wall is white from whitenesse , ergo whitenesse is more white by the prelates learning ; never such thing was taught in that learned university . . principium formale effectivum is as good logick , as principium effectivum materiale , formale , finale . the prelate is in his acuracy of logick now , he yet maketh the causality of the formall cause all one with the causality of the efficient , but he is weake in his logicks . . he confoundeth a cause equivocall , and a cause univocall , and in that case the maxime holdeth not . nor is it necessary to make true the maxime , that the quality be inherent in the cause , the same way . for a city maketh a major , but to be a major is one way in the city , and another way in him who is created major ; and the prelates maxime would helpe him , if we reasoned thu● : the people maketh the king , ergo the people is more a king , and more formally a soveraigne then the king. but that is no more our argument , then the simile that maxwell used , as neere heart and mouth both . wine maketh drunk the prelate , ergo wine is more drunk . but we reason this , the fountaine-power of making six kings is in the people , ergo there is more fountain-power of royalty in the people then in any one king ; for we read that israel made saul king , and made david king , and made abimelech king ; but never that king saul made another king , or that an earthly king made another absolute king. . the prelate will have the maxime false , where the agent worketh by donation , which yet holdeth true by his owne grant , c. . pag. . the king giveth power to a deputy , ergo there is more power in the king. . he supposeth that which is the basis and foundation of all the question , that people devesteth themselves totally of their fountaiue power , which is most false . . either they must devest themselves totally ( saith he ) of their power , or the king hath power from the people , by way of loane , which to my thinking never any yet spake . but the p. prelates thinking is short , and no rule to divines and lawyers , for to the thinking of the learnedst jurists this power of the king is but fiduciary , and that is ( whether the prelate thinke it , or thinke it not ) a sort of power by trust , pawn'd or loane . rex director regni , non proprietarius , molinae . in consuet . parisi . tit. . . . glos . . n. . the king is a life-renter , not a lord , or proprieter of his kingdome . so novel . . in princip . &c. . quod magistratus sit nudus dispensator & defensor jurium regni , non proprietarius , constat ex eo quodnon posset alienare imperium , oppida , urbes , regionésve , velres subditorum , bon●ve regni . so gregory , l. . c. . de repub. per c. . sect. praeterea , de propo . feud . hottoman . quest . illust . . ferdinan ▪ vasquez . l. . c. . bossius de princip . & privileg . illius , n. . the king is only a steward , and a defender of the lawes of the kingdome , not a proprietor , because he hath not power to make away the impire , cities , townes , countries , and goods of the subjects : and , bona commissa magistratui , sunt subjecta restitutioni , & in prejudtcium successorum alienari non possunt , per l. ult . sect ▪ sed nost . c. comment . de leg . l. peto . fratrem de leg . . l. . ult . d. t. all the goods committed ▪ to any magistrate , are under restitution : for he hath not power to make them away to the prejudice of his successors . the prelates thoughts reach not the secrets of jurists , and therefore he speaketh with a warrant ; he will say no more then his short-travel'd thoughts can reach ; and that is but at the doore . ▪ soveraigntie is not in the communitie ( saith the p. prelate . ) truly it neither is , nor can be , more then ten , or a thousand , or a thousand thousands , or a whole kingdome can be one man ; for soveraigntie is the abstract , the soveraigne is the concrete : many cannot be one king or one soveraigne : a soveraigne must be essentially one ; and a multitude cannot be one : but what then ? may not the soveraigne power be eminently , fontaliter ; originallp and radically in the people ? i thinke it may , and must be , a king is not an under-iudge , he is not a lord of councell or session formally , because he is more : the people is not king formally , because the people is eminently more then the king ; for they make david king , and saul king. and the power to make a lord of councell aud session , is in the king ( say royalists . ) . a communitie hath not power of life and death . a king hath power of life and death , ( saith the prelate ) what then ? ergo , a communitie is not king. i grant all . but ( poore man ! ) ergo , the power of making a king , who hath power of life and death , is not in the people . it is like prelates logick . samuel is not a king ; ergo , he cannot make david a king. it followeth not , by the prelates ground . so the king is not an in inferiour iudge : what ? ergo , he cannot make an inferiour iudge . . the power of life and death is eminently and virtually in the people , collectively taken ▪ though not formally . and though no man can take away his own life , or hath power over his own life formally ; yet a man , and a body of men hath power over their own lives , radically and virtually ; in respect they may render themselves to a magistrate , and to lawes , which if they violate , they must be in hazard of their lives , and so they virtually have power of their own lives , by putting them under the power of good lawes for the peace and safety of the whole . . this is a weake consequence : none hath power of his owne life , ergo , far lesse of his neighbours ( saith the prelate . ) i shall denie the consequence . the king hath not power of his own life , that is , according to the prelates mind , he can neither by the law of nature , nor by any civill law . kill himselfe : ergo , the king hath far lesse power to kill another . it followeth not : for the iudge hath more power over his neighbours life , then over his own . . but , saith the p. prelate , the communitie conceived without government , all as equall , endowed with natures and native libertie , hath no power of life and death , because all a●e borne free , and so none is borne with dominion and power over his neighbours life . yea but so , mr. p. prelate , a king considered without government , and as born a free man , hath not power of any mans life , more then a communitie hath : for king and begger are borne both alike free . but a communitie in this consideration , as they come from the wombe , have no politique consideration at all . if you consider them as without all policie , you cannot consider them as invested with policie : yea if you consider them so as they are by nature , voyd of all policie , they cannot so much as adde their after-consent and approbation to such a man to be their king , whom god immediately from heaven maketh a king : for to adde such an after-consent , is an act of government . now as they are conceived to want all government , they cannot performe any act of government . and this is as much against himselfe , as against us . . the power of a part , and the power of the whole is not alike , royaltie never advanceth the king above the place of a member : and lawyers say , the king is above the subjects , in sensu diviso , in a divisive sense he is above this or that subject : but he is inferiour to all the subjects collectively taken , because he is for the whole kingdome , as a meane for the end . object . if this be a good reason , that he is a meane for the whole kingdome , as for the end ; that he is therefore inferiour to the whole kingdome : then is he also inferior to any one subject ; for he is a meane for the safety of every subject , as for the whole kingdome . answ . every meane is inferior to its compleat , adequate and whole end : and such an end is the whole kingdome in relation to the king : but every man is not alwayes inferiour to its incompleat , inadequate and partiall end . this or that subject is not adequate , but the inadequate and incompleat end in relation to the king. the prelate saith , kings are dii elohim , gods ; and the manner of their propagation is by filiation , by adoption , sonnes of the most high , and gods first borne . now the first borne is not above every brother severally : but if there were thousands , millions , numberlesse numbers , he is above all in precedencie and power . answ . not only kings , but all inferiour iudges are gods , psal . . god standeth in the congregation of the gods , that is not a congregation of kings . so exo. . . the master of the house shall be brought , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to the gods , or to the judges . and that there were more iudges then one , is cleare by vers . . and if they shall condemne 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 jarshignur , condemnarint , joh. . . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , he called them gods. exod. . . thou shalt be to aaron 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as a god. they are gods analogically only . god is infinite , not so the king. . gods will is a law , not so the kings . . god is an end to himselfe , not so the king. the iudge is but god by office , and representation , and conservation of the people . . it is denyed that the first-borne is in power before all his brethren , though there were millions . that is but said . one , as one , is inferior to a multitude : as the first-borne was a politick ruler to his brethren , he was inferiour to them politically . object . . the collective vniversitie of a kingdome are subjects , sonnes , and the king their father , no lesse then this or that subject is the kings subject . for the universitie of subjects are either the king , or the king subjects : for all the kingdome must be one of these two ; but they are not the king , ergo , they are his subjects . answ . all the kingdome in any consideration is not either king or subjects . i give a third : the kingdome collective is neither properly king nor subject : but the kingdome embodied in a state , having collaterall or coordinate power with the king. object . . the universitie is ruled by lawes , ergo , they are inferior to the king who ruleth all by law . answ . the universitie properly is no otherwise ruled by lawes , then the king is ruled by lawes . the universitie formally is the compleat politick body , indued with a nomothetick facultie , which cannot use violence against it selfe , and so is not properly under a law. quest . xx. whether or no inferiour judges be univocally and essentially judges , and the immediate vicars of god , no lesse then the king , or if they be onely the deputies and vicars of the king ? it is certain that in one and the same kingdom , the power of the king is more in extension , then the power of any inferiour iudge : but if these powers of the king , and the inferiour iudges differ intenfivè and in spece , and nature , is the question , though it be not all the question . assert . inferiour iudges are no lesse essentially iudges , and the immediate vicars of god , then the king. . these who judge in the room of god , and exercise the judgement of god , are essentially iudges , and the deputies of god , as well as the king : but inferiour iudges are such . ergo , the proposition is clear , the formall reason , why the king is univocally and essentially a iudge is , because the kings throne is the lords throne , chron. . . and solomon sate on the throne of the lord , as king , instead of david his father , king. . . it is called davids throne , because the king is the deputy of iehovah , and the judgement is the lords : i prove the assumption . inferiour iudges appointed by king iehoshaphat have this place , chro. . . the king said to the iudges , take heed what ye do , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , for ye judge not for man , but for the lord : then they were deputies in the place of the lord , and not the kings deputies in the formall and officiall acts of judging . . wherefore now let the fear of the lord be upon you , take heed and do it , for there is no iniquity with the lord our god , nor respect of persons , or taking of gifts . hence i argue , if the holy ghost in this good king , forbid inriour judges wresting of judgement , respecting of persons , and taking of gifts , because the judgement is the lords ; and if the lord himself were on the bench , he would not respect persons , nor take gifts ; then he presumeth , that inferiour iudges are in the stead and place of jehovah : and that when these inferiour iudges should take gifts , they make ( as it were ) the lord , whose place they represent , to take gifts , and to do iniquitie , and to respect persons : but that the holy lord cannot do . . if the inferiour iudges in the act of judging , were the vicars , and deputies of king jehoshaphat , he would have said , judge righteous judgement ; why ? for the judgement is mine , and if i the king were on the bench , i would not respect persons , nor take gifts ; and you judge for me the supreme judge , as my deputies : but the king saith , they judge not for man , but for the lord. . if by this they were not gods immediate vicars , but the vicars and deputies of the king , then being meer servants , the king might command them to pronounce such a sentence , and not such a sentence as i may command my servant and deputy , in so far , as he is a servant and deputie , to say this , and say not this : but the king cannot limit the conscience of the inferiour iudge , because the judgement is not the kings , but the lords . . the king cannot command any other to do that , as king ; for the doing whereof , he hath no power from god himself , but the king hath no power from god to pronounce what sentence he pleaseth , because the judgement is not his own , but gods : and though inferiour iudges be sent of the king , and appointed by him to be iudges , and so have their externall call from gods deputy , the king ; yet because judging is an act of conscience , as one mans conscience cannot properly be a deputy for another mans conscience , so neither can an inferior iudge , as a iudge , be a deputy for a king : therefore the inferiour iudges have designation to their office from the king ; but if they have from the king , that they are iudges , and be not gods deputies , but the kings , they could not be commanded to execute judgement for god , but for the king : and deut. . . moses appointed iudges , but not as his deputies to judge and give sentence , as subordinate to moses : for the judgement ( saith he ) is the lords , not mine . . if all the inferiour iudges in israel , were but the deputies of the king , and not immediately subordinate to god , as his deputies , then could neither inferiour iudges be admonished , nor condemned in gods word for unjust judgement , because their sentence should be neither righteous , nor unrighteous judgement , but in so far , as the king should approve it , or disapprove it ; and indeed , that royalist hugo grotius saith so , that an inferiour iudge can do nothing against the will of the supreme magistrate , if it be so : when ever god commandeth inferiour iudges to execute righteous judgement , it must have this sense , respect not persons in judgement , except the king command you , crush not the poor , oppresse not the fatherlesse , except the king command you . i understand not such policie : sure i am , the lords commandments , rebukes , and threats , oblige in conscience the inferiour iudge as the superiour , as is manifest in these scriptures , jerem. . . isai . . , . and . . and . . and . . jere. . . ezek. . . amos . . micah . . habak . . . levit . . . deut. . . and . . exod. . . grotius saith , it is here as in a categorie : the middle spece is in respect of the superiour a spece , in respect of the inferiour a genus ; so inferiour magistrates in relation to these who are inferiour to them , and under them , they are magistrates or publike persons , but in relation to superiour magistrates , especially the king , they are private persons , and not magistrates . answ . jehoshaphat esteemed not iudges appointed by himself private men , chron. . , . yee judge not for men , but for the lord. . we shall prove , that under iudges are powers ordained of god. . in scotland the king can take no mans inheritance from him , because he is king : but if any man possesse lands belonging to the crown , the king by his advocate must stand before the lord-iudges of the session , and submit the matter to the laws of the land ; and if the king for propertie of goods , were not under a law , and were not to acknowledge iudges as iudges , i see not how the subject in either kingdoms have any proprietie . . i judge it blasphemie to say , that a sentence of an inferiour iudge must be no sentence , though never so legall , nor just , if it be contrary to the kings will , as grotius saith . he citeth that of augustine : if the consul command one thing , and the emperour another thing , you contemn not the power , but you choose to obey the highest : peter saith , he will have us one way to be subject to the king , as to the supreme , sine ulla exceptione , without any exception , but to these who are sent by the king , as having their power from the king. answ . when the consull commandeth a thing lawfull , and the king that same thing lawfull , or a thing not unlawfull , we are to obey the king , rather then the consull : so i expone augustine . . we are not to obey the king and the consull the same way , that is with the same degree of reverence and submission ; for we owe more submission of spirit to the king , then to the consul ; but magis & minus non variant speciem , more or lesse varieth not the natures of things : but if the meaning be that we are not to obey the inferiour iudge commanding things lawfull , if the king command the contrary , this is utterly denyed : but saith grotius , the inferiour judge is but the deputie of the king , and hath all his power from him ; therefore we are to obey him for the king. answ . the inferiour iudge may be called the deputy of the king , ( where it is the kings place to make iudges ) because he hath his externall call from the king , and is iudge , in foro soli , in the name and authority of the king ; but being once made a iudge in foro poli , before god , he is as essentially a iudge , and in his officiall acts no lesse immediately subjected to god , then the king himself . argum. . these powers to whom we are to yield obedience , because they are ordained of god ; these are as essentially iudges , as the supreme magistrate the king ; but inferiour iudges are such . ergo , inferiour iudges are as essentially iudges , as the supreme magistrate . the proposition is rom. . . for that is the apostles arguments ; whence we prove , kings are to be obeyed , because they are powers from god : i prove the assumption . inferiour magistrates are powers from god , deut. . . and . , . exod. . . jere. . . and the apostle saith , the powers that are , are ordained of god. . christ testified , that pilate had power from god as a iudge ( say royalists ) no lesse then caesar the emperour , iohn . . and pet. . . we are commanded to obey the king , and these that are sent by him , and that for the lords sake , and for conscience to god , and rom. . . we must be subject to all powers that are of god , not onely for wrath , but for conscience . . these , who are rebuked , because they execute not just judgement , as well as the king , are supposed to be essentially iudges , as well as the king ; but inferiour iudges are rebuked , because of this , ierem. . , , . ezek. . , , , . zeph. . . amos . , . eccles . . . micah . , , . jerem. . . ierem. . . . he is the minister of god for good , and hath the sword not in vain , but to execute vengeance on the evil doers ; no lesse then the king , rom. . , , . he to whom agreeth , by an ordinance of god , the specifick acts of a magistrate , he is essentially a magistrate . . the resisting of the inferiour magistrate in his lawfull commandmen●s , is the resisting of gods ordinance , and a breach of the fifth commandment , as is disobedience to parents , and not to give him tribute , and fear , and honour , is the same transgression , rom. . , , , , , , . . these stiles of gods , of heads of the people , of fathers , of physicians , and healers of the sonnes of the most high , of such as raign and decree by the wisdome of god , &c. that are given to kings , for the which royalists make kings onely iudges , and all inferiour iudges , but deputed , and iudges by participation , and at the second hand , or given to inferiour iudges , exod. . , . ioh. . . these who are appointed iudges under moses , deut. . . are called in hebrew or chaldee , kings . , . chap. . . mic. . . iosh . . . num. . . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 rasce , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 fathers , act. . . iosh . . . c. . . chro. , . healers , esai . . . gods , and sonnes of the most high , psal . . . . . . prov , . , . i much doubt , if kings can infuse godheads in their subjects . i conceive they have from the god of gods these gifts , whereby they are inhabled to be iudges , and that kings may appoint them iudges , but can do no more , they are no lesse essentially iudges then themselves . . if inferiour iudges be deputies of the king , not of god , and have all their authority from the king , then may the king limit the practise of these inferiour iudges . say that an inferiour iudge hath condemned to death an paricide , and he be conveying him to the place of execution , the king commeth with a force to rescue him out of his hand , if this inferiour magistrate beare gods sword for the terrour of ill doers , and to execute gods vengeance on murtherers , he cannot but resist the king in this , which i judge to be his office : for the inferiour iudge is to take vengeance on ill doers , and to use the coactive force of the sword , by vertue of his office , to take away this paracide , now if he be the deputy of the king , he is not to breake the jawes of the wicked , iob . . not to take vengeance on evill doers , rom. . . nor to execute judgement on the wicked , ps . , . nor to execute judgment for the fatherlesse , de. . . except a mortall man his creator , the king say , amen . now truly then god , in all israel , was to rebuke no inferiour iudge for perverting judgement , as he doth , exod. . . . mic. . , , . zach. . . numb . . . deut. . . for the king onely is lord of the conscience of the inferiour iudge , who is to give sentence , and execute sentence righteously upon condition , that the king the onely univocall and proper iudge , first , decree the same , as royalists teach . heare our prelate : how is it imaginable that kings can be said to iudge in gods place , and not receive the power from god ? but kings iudge in gods place , deut. . . chro. . . let no man stumble , ( this is his prolepsis ) at this , that moses in the one place , and iehosaphat in the other speake to subordinate iudges under them , this weakeneth no waies our argument , for it is a ruled case in law ; quod quis facit per alium , facit per se ; all iudgements of inferiour iudges are in the name , authority , and by the power of the supreme , and are but communicatively , and derivatively from the soveraigne power . ans . how is it possible that inferiour iudges , deut. . . . chron. . . can be said to judge in gods place , and not receive the power from god immediatly , without any consent or covenant of men ? so the prelate . but inferiour iudges judge in the gods place , as both the p. prelate and scripture teach , deut. . . . chro. . . let the prelate see to the stumbling conclusion , for so he feareth it proves to his bad cause . . he saith the places , deut. . . chro. . . prove that the king judgeth in the roome of god , because their deputies judge in the place of god. the prelate may know , we would deny this stumbling and lame consequence ; for . moses and iehosaphat are not speaking to themselves , but to other inferiour iudges , who doth publickly exhort them . moses and iehosaphat are perswading the regulation of the personall actions of other men , who might pervert iudgement . . the prelate is much upon his law , after he had forsworne the gospell , and religion of the church , where he was baptized . what the king doth by another , that he doth by himselfe ; but were moses and jehosaphat feared that they should pervert iudgement in the unjust sentence pronounced by under iudges , of which sentence they could not know any thing ? and doe inferiour iudges so judge in the name , authority , and power of the king , as not in the name , authority and power of the lord of lords , and king of kings ? or is the iudgement the kings ? no , the spirit of god saith no such matter , the iudgement executed by those inferiour iudges , is the lords , not a mortall kings , ergo a mortall king may not hinder them to execute iudgement . obj. he cannot suggest an unjust sentence , and command an inferiour iudge to give out a sentence absolvatory on cut-throates , but he may hinder the exocution of any sentence against irish cut-throates , ans . it is all one to hinder the execution of a just sentence , and to suggest or command the inferiour iudge to pronounce an unjust one , for inferiour iudges by conscience of their office , are both to judge righteously , and by force and power of the sword given to them of god , rom. . , , . to execute the sentence , and so god hath commanded inferiour iudges to execute iudgement , and hath forbidden them to wrest iudgement , to take gifts , except the king command them so to doe . master symmont , the king is by the grace of god , the inferiour iudge is iudge by the grace of the king , even as the man is the image of god , and the woman the mans image ▪ ans . this distinction is neither true in law , nor conscience ; not in law , for it distinguisheth not betwixt ministros regis , & ministros regni . the servants of the king are his domesticks , the iudges are ministri regni , non regis ; the ministers and iudges of the kingdome , not of the king. the king doth not show grace , as he is a man , in making such a man a iudge , but iustice as a king , by a royall power received from the people , and by an act of iustice , he makes iudges of deserving men , he should neither for favour , nor bribes make any iudge in the land. . it is the grace of god that men are to be advanced from a private condi●ion to be inferious iudges , as royall dignity is a free gift of god , sam. . . the lord bringeth low , and lifteth up , ps . . . god pu●t●th downe one , and seteth up another . court flatterers take from god , and give to kings ; but to be a iudge inferiour , is no lesse an immediate favour of god , then to be king ; though the one be a greater favour then the other . magis honos , and majoc honos are to be considered . . arg. those powers which differ gradually , and per magis & minus , by more and lesse only , differ not in nature and spece , and constitute not kings and inferiour iudges different univocally . but the power of kings and inferiour iudges are such , therefore kings and inferiour iudges differ not univocally . that the powers are the same in nature , i prove . by the specifice acts , and formall object of the power of both , for . both are power ordained of god , rom. . . to resist either , is to resist the ordinance of god , v. . both are by office a terrour to evill workes , v. ● . . both are the ministers of god for good . . though the king send and give a call to the inferiour iudge , that doth no more make the inferiour iudges powers in nature and spece different , then ministers of the word called by ministers of the word , have offices different in nature . timotheus office to be preacher of the word differeth not in specie , from the office of the presbytery , which layed hands on him , though their office by extension , be more then timothies office. . the peoples power is put forth in those same acts , when they choose one to be their king and supreame governour , and when they set up an aristocraticall government , and choose many , or more then one , to be their governours ▪ for the formall object of one or many governours is iustice and religion , as they are to be advanced . . the forme and manner of their opperation is , brachio seculari , by a coactive power , and by the sword . . the formall acts of king and many iudges in aristocracy , are these same , the defending of the poore and needy from violence , the conservation of a community in a peaceable and a godly life , tim. . iob . , . esay . . . these same lawes of god that regulateth the king in all his acts of royall government , and tyeth and obligeth his conscience , as the lords deputy to execute iudgement for god , and not in the stead of men , in gods court of heaven , doth in like manner tye , and oblige the conscience of aristocraticall iudges , and all inferiour iudges , as is cleare and evident by these places , tim. . . not only kings , but all in authority 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 are obliged to procure that their subjects leade a quiet and peaceable life , in all godlinesse and honesty . all in conscience are obliged , deut. . . to judge righteously between every man and his brother , and the stranger that is with them . . neither are they to respect persons in judgement , but are to heare the small as well as the great , nor to be affraid of the face of men , the judgement administred by all , is gods. . chro. . . all are obliged to feare god , deut. . . . to keepe the words of the law , not to be lifted up in heart above their brethren , esay . . ier. . , . let any man show me a difference according to gods word , but in the extention that what the king is to doe as a king in all the kingdome , and whole dominions , ( if god give to him many ) as he gave to david and solomon , and ioshua , that the inferiour iudges are to doe in such and such circuits , and limited places , and i quit the cause , so as the inferiour iudges are little kings , and the king a great and delated iudge , as a compressed hand or fist , and the hand stretched out in fingers and thumbe , are one hand , so here . . god owneth inferiour iudges as a congregation of gods , ps . . . . for that god sitteth in a congregation or senate of kings or monarches i shall not beleeve , till i see royalists shew to me a common-wealth of monarches convening in one iudicature ; all are equally called gods , ioh. . . exod. . . if for any cause , but because all iudges even inferiour are the immediate deputies of the king of kings , and their sentence in iudgement as the sentence of the iudge of all the earth , i shall be informed by the p. prelate when he shall answer my reasons , if his interdicted lordship may cast an eye to a poore presbyter below , and as wisedome is that by which kings raigne , prov. . . so also v. . by which princes rule , and nobles , even all the iudges of the earth ; all that is said against this is : that the king hath a prerogative royall , by which he is differenced from all iudges in israel , called jus regis 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 for ( saith barclay ) the king as king essentially hath a domination and power above all , so as none can censure him , or punish him but god , because there be no thrones above his , but the throne of god. the iudges of israel , as samuel , gedeon , &c. had no domination , the dominion was in gods hand . . wee may resist an inferior iudge ( saith arnisaeus ) otherwise there were no appeale from him , and the wrong we suffer were irreparable , as saith marantius . and all the iudges of the earth ( saith edw. symmons ) are from god more remotely , namely ( mediante rege ) by the mediation of the supreame , even as the lesser starres have their light from god by the mediation of the sun. to the first i answer , there was a difference betwixt the kings of israel and their iudges , no question : but if it be an essentiall difference , it is a question : for , . the iudges were raised up in an extraordinary manner , out of any tribe , to defend the people , and vindicate their libertie , god remaining their king : the king by the lords appointment was tyed , after saul , to the royall tribe of judah , till the messiahs comming . god tooke his own blessed libertie to set up a succession in the ten tribes - . the iudges were not by succession from father to sonne : the kings were , as i conceive , for the typicall eternitie of the messiahs throne , presignified to stand from generation to generation . . whether the iudges were appointed by the election of the people , or no , some doubt , because iepthah was so made iudge : but i thinke it was not a law in israel that it should be so : but the first mould of a king , deut. . is by election . but that god gave power of domineering , that is , of tyrannizing , to a king , so as he cannot be resisted , which he gave not to a iudge , i thinke no scripture can make good : for by what scripture can royalists warrant to us that the people might rise in armes to defend themselves against moses , gideon , eli , samuel , and other iudges , if they should have tyrannized over the people : and that it is unlawfull to resist the most tyrannous king in israel and iudah ? yet barclay and others must say this , if they be true to that principle of tyranny , that the jus regis , the law or manner of the king , sam. . , . & sam. . , doth essentially difference betwixt the kings of israel , and the iudges of israel : but we thinke god gave never any power of tyranny to either iudge or king of israel ; and domination in that sense was by god given to none of them . . arnisaeus hath as little for him , to say the inferior magistrate may be resisted , because we may appeale from him : but the king cannot be resisted , quia sanctitas majestatis id non permittit , the sanctitie of royall majestie will not permit us to resist the king. ans . that is not pauls argument , to prove it unlawfull to resist kings , as kings , and doing their office , because of the sanctitie of their majestie , that is , as the man intendeth , because of the supreme absolute and illimited power that god hath given him . but this is a begging of the question , and all one as to say , the king may not be resisted , because he may not be resisted : for sanctitie of majestie , if we beleeve royalists , includeth essentially an absolute supremacie of power , whereby they are above the reach of all thrones , lawes , powers , or resistance on earth . but the argument is , resist not , because the power is of god. but the inferiour magistrates power is of god. . resist not , because you resist gods ordinance , in resisting the iudge : but the inferior iudge is gods ordinance , rom. . . deut. . . chro. . . . mr. symmons saith , all iudges on earth are from the kings , as starres have their light from the sun. i answer , . then aristocracie were unlawfull , for it hath not its power from monarchie . had the lords of the philistims , have the states of holland no power but from a monarchie ? name the monarch . have the venetians any power from a king ? indeed our prelate saith from augustine , confess . lib. . cap. . generale pactum est societatis humana , obedire regibus suis : it is an universall covenant of humane societie , and a dictate of nature , that men obey their kings . i beg the favour of sectaries ( saith ●he ) to shew as much for aristocracie and democracie . now all other governments to bellies borne at court , are the inventions of men . but i can shew that same warrant for the one as for the other , because it is as well the dictate of nature , that people obey their iudges and rulers , as it is that they obey their kings . and austin speaketh of all iudges , in that place , though he name kings ; for kingly government is no more of the law of nature , then aristocracie or democracie : nor are any borne iudges , or subjects at all : there is a naturall aptitude in all to either of these , for the conservation of nature , and that is all . let us see that men naturally inclining to government , incline rather to royall government , then to any other . that the p. prelate shall not be able to show . for fatherly government being in two , is not kingly , but nearer to aristocracy ; and when many families were on earth , every one independent within themselves , if a commune enemy should invade a tract of land governed by families , i conceive , by natures light they should incline to defend themselves , and to joyne in one politique body for their owne safety , as is most naturall ; but in that case they having no king , and there were no reason of many fathers all alike loving their own families and selfe preservation , why one should be king over all , rather then another , except by voluntary compact ; so it is cleare that nature is nearer to aristocracy before this contract , then a monarchy : and let him shew us in multitudes of families dwelling together before there was a king , as cleare a warrant for monarchy , as here is for aristocracy , though to me both be lawdable and lawfull ordinances of god , and the difference meerely accidentall , being one and the same power from the lord , rom. . . which is in divers subjects in one , as a monarchy , in many as in aristocracy , and the one is as naturall as the other : and the subjects are accidentall to the nature of the power . . the starrs have no light at all , but in actuall aspect toward the sun , and they are not lightsome bodies by the free will of the sunne , and have no immediate light from god formally , but from the sun , so as if there were no sun , there should be no starres . . for actuall shining and sending out of beames of light actusecundo , they depend upon the presence of the sun , but for inferiour iudges though they have their call from the king , yet have they gifts to governe from no king on earth , but only from the king of kings . . when the king is dead the iudges are iudges , and they depend not on the king for their second acts of judging , and for the actuall emission and putting forth their beames and raies of justice , upon the poore and needy , they depend on no voluntary aspect , information or commandement of the king , but on that immediate subjection of their conscience to the king of kings . and their iudgement which they execute is the lords immediatly , and not the kings , and so the comparison halteth . arg. our th . arg. if the king dying , the iudges inferiour remaine powers from god , the deputies of the lord of hoasts having their power from god , then are they essentially iudges ; yea and if the estates in their prime representators , and leaders , have power in the death of the king , to choose and make another king , then are they not iudges and rulers by derivation and participation , or unproperly , but the king is rather the ruler by derivation and participation , then these who are called inferiour iudges . now if these iudges depend in their sentences upon the immediat will of him who is supposed to be the only iudge , when this only iudge dyeth , they should cease to be iudges : for expirante mandatore expirat mandatum , because the fountaine iudge drying up , the streames must dry up . now when saul dyed , the princes of the tribes remaine by gods institution princes , and they by gods law and warrant , deut. . choose david their king. . if the king through absolute power doe not send inferiour iudges , and constitute them , but only by a power from the people ; and if the lord have no lesse immediate influence in making inferiour iudges , then in making kings , then is there no ground that the king should be sole iudge , and the inferiour iudge only iudge by derivation from him , and essentially his deputy , and not the immediate deputy of god. but the former is true , ergo so is the latter . and first that the kings absolute will maketh not inferiour iudges , is cleare , from deut. . . moses might not follow his owne will in making inferiour iudges whom he pleased : god tyed him to a law , v. . that he should take wise men , known amongst the people , and fearing god , and hating covetousnesse . and these qualifications were not from moses , but from god ; and no lesse immediatly from god then the inward qualification of a king , deut. . and therefore it is not gods law that the king may make inferiour iudges only , durante beneplacito , during his absolute will ; for if these divine qualifications remaine in the seventy elders , moses at his will could not remove them from their places . . that the king can make heritable iudges more then he can communicate faculties and parts of judging , i doubt , riches are of fathers , but not promotion , which is from god , and neither from the east , nor the west . that our nobles are borne lords of parliament , and iudges by blood , is a positive law. . it seemeth to me from esay . , , , . that the inferiour iudge is made by consent of the people , nor can it be called a wronging of the king , that all cities and burroughs of scotland and england , have power to choose their owne provests , rulers , and majors . . if it be warranted by god , that the lawfull call of god to the throne , be the election of the people , the call of inferiour iudges must also be from the people , mediatly or immediatly : so i see no ground to say that , the inferiour iudge is the kings vicegerent , or that he is in respect of the king , or in relation to supreme authority , only a private man. . these iudges cannot but be univocally and essentially iudges , no lesse then the king , without which in a kingdome iustice is physically unpossible : and anarchie and violence and confusion must follow , if they be wanting in the kingdome . but without inferiour iudges , though there be a king , iustice is physically unpossible , and anarchie and confusion must follow , &c. now this argument is more considerable , that without inferiour iudges , though there be a king in a kingdome , iustice and safety are unpossible , and if there be inferiour iudges , though there be no king , as in aristocracy , and when the king is dead , and another not crowned , or the king is minor , or absent , or a captive in the enemies land , yet justice is possible , and the kingdome preserved ; the medium of the argument is grounded upon gods word , num. . , . when moses is unable alone to judge the people , seventy elders re-joyned with him , . . so were the elders adjoyned to helpe him , exo. . . deut. . . c. . . iosh . . . iudg. . . iudg. . . iudg. . ●● . sam. . . king. . . king. . . chro. . . ruth . . deut. . . ezech. . lament . . . then were the elders of moab thought they had a king. . the end naturall of iudges hath been indigence and weaknesse , because men could not in a society defend themselves from violence , therefore by the light of nature they gave their power to one , or more , and made a iudge , or iudges to obtaine the end of selfe preservation . but nature useth the most efficacious meanes to obtaine its end , but in a great society and kingdome the end is more easily attained by many governours , then by one only ; for where there is but one , he cannot minister iustice to all , and the farther that the children are removed from their father and tutor , they are the nearer to violence and unjustice . iustice should be at as easie a rate to the poore , as a draught of water ▪ samuel went yearely through the land to bethell , gilgall , mizpeh , sam. . . and brought iustice to the doores of the poore . so were our kings of scotland obliged to doe of old ; but now justice is as deare as gold . it is not a good argument to prove inferior iudges to be only vicars and deputies of the king , because the king may censure and punish them when they pervert judgement . . because the king , in that , punisheth them not as iudges , but as men . . that might prove all the subjects to be vicars and deputies of the king ▪ , because he can punish them all , in the case of their breach of lawes . quest . xxi . what power the people and states of parliament have over the king , and in the state ? it is true , the king is the head of the kingdome ; but the states of the kingdome are as the temples of the head , and so as essentially parts of the head , as the king is the crown of the head . assert . . these ordines regni , the states , have been in famous nations : so there were fathers of families , and princes of tribes amongst the jewes : the ephori amongst the lacedemonians , polyb. hist . l. . the senate amongst the romanes : the forum superbiense amongst the arragonians : the parliaments , in scotland , england , france , spaine . sam. . . abner communed with the elders of israel , to bring the king home . and there were elders in israel , both in the time of the judges , and in the time of the kings ; who did not only give advice and counsell to the judges and kings , but also were iudges , no lesse then the kings , and iudges ; which i shall make good by these places : deut. . . the rebellious son is brought to the elders of the citie , who had power of life and death , and caused to stone him . deut. . . the elders of the citie shall take that man , and chastise him . iosh . . . but beside the elders of every citie , there were the elders of israel , and the princes , who had also judiciall power of life and death , as the iudges and king had . josh . . . even when ioshua was iudge in israel , the princes of the congregation , and heads of the thousands of israel , did judicially cognosce whether the children of reuben , of gad , and of halfe the tribe of manasseh , were apostates from god , and the religion of israel . sam. . . all the elders of israel made david king at hebron : and num. . they are appointed by god not to be the advisers only and helpers of moses , but , v. , . to beare a part of the burden of ruling and governing the people , that moses might be eased . jeremiah is accused , c. . . upon his life , before the princes , iosh . . the princes sit in judgement with ioshua , iosh . . . ioshua and the princes of the congregation sware to the gibeonites , that they would not kill them . the princes of the house of israel could not be rebuked for oppression in judgement , mic. . , , . if they had not had power of judgement . so zeph. . . and deut. . . . chron. . , . they are expresly made iudges in the place of god. and sam. . . without advise or knowledge of samuel the supreme iudge , they conveene and ask a king : and without any head or superior , when there is no king , they conveene a parliament , and make david king at hebron : and when david is banished , they conveen to bring him home againe : when tyrannous athalia reigneth , they conveene and make ioash king , and that without any king. and iosh . . there is a parliament conveened , and , for any thing we can read , without ioshua , to take cognisance of a new altar . it had been good that the parliaments both of scotland , and of england , had conveened , though the king had not indicted and summoned a parliament ; without the king , to take order with the wicked clergie , who had made many idolatrous altars : and the p. prelate should have brought an argument to prove it unlawfull , in foro dei , to set up the tables and conventions in our kingdome , when the prelates were bringing in the grossest idolatrie into the church , a service for adoring of altars , of bread , the worke of the hand of the baker ; a god more corruptible then any god of silver and gold . and against achabs will and minde , king , . elias causeth to kill the priests of baal , according to gods expresse law . it is true , it was extraordinary ; but no otherwise extraordinary then it is at this day . when the supreme magistrate will not execute the judgement of the lord , those who made him supreme magistrate under god , who have , under god , soveraigne libertie to dispose of crownes and kingdomes , are to execute the judgement of the lord , when wicked men make the law of god of none effect . sam. . . so samuel killed hagage , whom the lord expresly commanded to be killed ; because saul disobeyed the voyce of the lord. i deny not but there is necessitie of a cleere warrant that the magistrate neglect his duty , either in not conveening the states , or not executing the judgement of the lord. . i see not how the conveening of a parliament is extraordinarie to the states ; for none hath power ordinary when the king is dead , or when he is distracted , or captive in another land , to conveene the estates and parliament , but they only ; and in their defect , by the law of nature , the people may conveene . but , . if they be essentially iudges no lesse then the king. as i have demonstrated to the impartiall reader , in the former chapter ; i conceive , though the state make a positive law , for orders cause , that the king ordinarily conveene parliaments ; yet , if we dispute the matter in the court of conscience , the estates have intrinsecally ( because they are the estates , and essentially iudges of the land ) ordinary power to conveene themselves : . because when moses , by gods rule , hath appointed seventie men to be catholike iudges in the land , moses upon his sole pleasure and will , hath not power to restraine them in the exercise of judgment given them of god : for as god hath given to any one iudge power to judge righteous judgement , though the king command the contrary ; so hath he given to him power to sit down in the gate , or the bench , when and where the necessitie of the oppressed people calleth for it : for , . the expresse commandement of god , which saith to all iudges , execute judgement in the morning ; involveth essentially a precept to all the physicall actions , without which it is impossible to execute judgement : as namely , if by a divine precept the iudge must execute judgement ; ergo , he must come to some publique place , and he must cause partie and witnesses come before him , and he must consider , cognosce , examine in the place of judgement , things , persons , circumstances : and so god who commandeth positive acts of judgeing , commandeth the iudges locomotive power , and his naturall actions of compelling by the sword the parties to come before him : even as christ who commandeth his servants to preach , commandeth that the preacher and the people goe to church , and that he stand or sit in a place where all may heare , and that he give himselfe to reading and meditating , before he come to preach . and if god command one iudge to come to the place of judgement , so doth he command seventie , and so all estates to conveen in the place of judgement . it is objected , that the estates are not iudges ordinary and habitually , but only iudges at some certaine occasions , when the king , for cogent and weighty causes , calleth them , and calleth them not to judge , but to give him advise and counsell how to judge . ans . . they are no lesse iudges habitually then the king , when the common affaires of the whole kingdome necessitateth these publique watchmen to come together : for even the king judgeth not actually , but upon occasion . . this is to beg the question , to say that the estates are not iudges , but when the king calleth them , at such and such occasions : for the elders , princes and heads of families and tribes , were iudges ordinarie , because they made the king. and . the kingdome , by god , yea , and church , iustice and religion , so far as they concerne the whole kingdome , are committed not to the keeping of the king only , but to all the iudges , elders , and princes of the land : and they are rebuked as evening wolves , lyons , oppressors , ezech. . . zaca . . . esa . . , . mic. . , , . when they oppresse the people in judgement , so are they , deut. . , , . chron. . , . made iudges , and therefore they are no more to be restrained not to conveene , by the kings power , ( which is in this , accumulative and auxiliarie , not privative ) then they can be restrained in judgement , and in pronouncing such a sentence , as the king pleased , and not such a sentence : because as they are to answer to god for unjust sentences , so also for no just sentences , and for not conveening to judge , when religion and iustice , which are fallen in the streets , calleth for them . . as god in a law of nature , hath given to every man the keeping and selfe-preservation of himselfe , and of his brother ; ca●n ought in his place to be the keeper of abel his brother . so hath god committed the keeping of the commonwealth , by a positive law , not to the king only , because that is impossible , num. . , . chron. . , , , , , . chron. . . if the king had such a power as king , and so from god , he should have power to breake up the meeting of all courts of parliament , secret councell , and all inferior iudicatures : and when the congregation of gods , as ps . . in the midst of which the lord standeth , were about to pronounce just judgement for the oppressed and poere , they might be hindred by the king ; and so they should be as just as the king maketh them , and might pervert judgement , and take away the righteousnesse of the righteous from him , esa . . . because the king commandeth : and the cause of the poore should not come before the iudge , when the king so commandeth . and shall it excuse the estates , to say , we could not judge the cause of the poore , nor crush the priests of baal , and the idolatrous masse-preltes , because the king forbad us . so might the king breake up the meeting of the lords of session , when they were to decerne that naboths vineyard should be restored to him ; and hinder the states to represse tyranny : and this were as much as if the states should say , we made this man our king , and with our good will we agree , he shall be a tyrant . for if god gave it to him as a king , we are to consent that he enjoy it . . if barclay and other flatterers have leave to make the parliament but counsellers and advisers of the king ; and the king to be the only and sole iudge : . the king is , by that same reason , the sole iudge , in relation to all iudges ; the contrary whereof is cleere , num. . . deut , . , , . chron. . . rom. . , . pet. . , . yea but ( say they ) the king , when he sendeth an ambassadour , he may tye him to a written commission ; and in so far as he exceedeth that , he is not an ambassadour : and cleare it is , that all inferiour iudges , pet. . , . are but sent by the king , ergo , they are so iudges , as they are but messengers , and are to adhere to the royall pleasure of the prince that sent them . ans . . the ambassadour is not to accept an unjust ambassage , that fighteth with the law of nature . . the ambassadour and the iudge differ , the ambassadour is the king and states deputy , both in his call to the ambassage , and also in the matter of the ambassage ; for which cause he is not to transgresse what is given to him in writ , as a rule ; but the inferiour iudges , and the high court of parliament , though they were the kings deputies ( as the parliament is in no sort his deputy , but he their deputy royall ) yet it is only in respect of their call , not in respect of the matter of their commission , for the king may send the iudge to judge in generall according to the law , and iustice and religion , but he cannot depute the sentence , and command the conscience of the judge to prononnce such a sentence , not such , the inferiour iudge in the act of judging is as independent , and his conscience as immediatly subject to god , as the king , therefore the king owes to every sentence his approbative suffrage as king , but not his either directive suffrage , nor his imperative suffrage of absolute pleasure , . if the king should sell his country ▪ and bring in a forraigne army , the estates are to convene , to take course for the safety of the kingdome . . if david exhort the princes of israel to helpe king solomon in governing the kingdome , in building the temple , chron. . . ezechiah tooke counsell with his princes , and his mighty men in the matter of holding off the assyrians , who were to invade the land , if david chron. . , , , . consult with the captaines of thousands , and hundreds to bring the arke of god to kireath jearim , if solomon king. . . assemble the elders of israel , and all the heads of the tribes , and the chief of the fathers to bring the arke of the tabernacle , to the congregation of the lord. and achab gather together the states of israel , in a matter that nearely concerned religion . if the elders and people , king. . . counsell and decree , that king achab should hearken to benhadad king of syria , and if ahasuerus make no decrees , but with consent of his princes , ester , . . nor darius any act without his nobles and princes , if hamor and schechem , genes . . . would not make a covenant with iacobs sons , without the consent of the men of the city , and ephron the hittite would not sell abraham a buriall place in his land without the consent of the children of heth , gen. . . then must the estates have a power of judging with the king or prince in matters of religion , iustice , and government , which concerne the whole kingdome ; but the former is true by the records of scripture , ergo , so is the latter . . the men of ephraim complaine that iephtah had gone to warre against the children of ammon without them , and hence rose warre betwixt the men of ephraim , and the men of gilead , iud. . , , . and the men of israel ●iercely contend with the men of iudah , because they brought king ▪ david home againe without them , pleading that they were therein dispised , sam. . , , . which evinceth that the whole states have hand in matters of publick government , that concerne all the kingdome ; and when there is no king , iudg. . the chiefe of the people , and of all the tribes goe out in battell , against the children of benjamin . . these who make the king ▪ and so have power to unmake him in the case of tyranny , must be above the king in power of government ; but the elders and princes made both david and saul kings . . there is not any who say that the princes and people , sam. . did not right in rescuing innocent ionathan from death , against the kings will , and his law. . the speciall ground of royalists is to make the king the absolute supreame , giving all life and power to the parliament and states , and of meere grace convening them . so ferne , the author of ossorianum , p. . but this ground is false , because the kings power is fiduciary , and put in his hand upon trust , and must be ministeriall , and borrowed from these who put him in trust , and so his power must be lesse , and derived from the parliament : but the parliament hath no power in trust from the king , because the time was , when the man who is the king , had no power , and the parliament had the same power that they now have ; and now when the king hath received power from them , they have the whole power that they had before . that is , to make lawes , and resigned no power to the king , but to execute lawes , and his convening of them is an act of royall duty , which he oweth to the paliament by vertue of his office , and is not an act of grace , for an act of grace is an act of free will , and what the king doth of free will , he may not doe , and so he may never convene a parliament . but when david , salomon , asa , ezekiah , iehosaphat , achas convened parliaments , they convened parliaments as kings , and so ex debito & virtute officii , out of debt and royall obligation , and if the king as the king , be lex animata , a breathing and living law , the king as king must doe by obligation of law , what he doth as king , and not from spontaneous and arbitrary grace . . if the scripture holds forth to us a king in jsrael , and two princés and elders who made the king , and had power of life and death , as we have seene ; then is there in israel monarchy tempered with aristocracy ; and if there were elders and rulers in every city , as the scripture saith , here was also aristocracy and democracy . and for the warrant of the power of the estates i appeale to iurists , and to approved authors . argu. l. aliud . . § . . de iur. reg. l. . mortuo de fidei . l. . . ad mum. l. . . . sigonius de rep. iudaeor . l. . c. . cornelius bertramo , c. . iunius brutus vindic. contra . tyran . § . . author libelli de jur magistrat . in subd . q. . althus . politic. c. . calvin institut . l. . c. . pareus coment . in rom. . pet. martyr in lib. iudic. c. . ioan. marianus de rege lib. . c. . hottoman de jure antiq. regni gallici l. . c. . buchanan de jure regni apud scotos . obj. the king after a more noble way representeth the people , then the estates doth ; for the princes and commissioners of parliament have all their power from the people , and the peoples power is concentricated in the king. ans . the estates taken collectively doe represent the people both in respect of office , and of persons , because they stand iudges for them ; for many represent many , ratione numeri & officii , better then one doeth . the king doth unproperly represent the people , though the power for actuall execution of lawes , be more in the king , yet a legislative power is more in the estates . neither will it follow , that if the estates of a kingdome doe any thing but counsell a king , they must then command him ; for a legall and judiciall advice hath influence in the effect to make it a law , not on the kings will , to cause him give the being of a law to that , which without his will is no law , for this supponeth that he is only iudge . obj. what power the people reserveth , they reserve it to themselves in unitate , as united in a parliament ; and therefore what they doe out of a parliament is tumultous . ans . i deny the consequence , they reserve the power of selfe preservation out of a parliament , and a power of convening in parliament for that effect , that they may by common counsell defend themselves . quest . xxii . whether the power of the king as king be absolute , or dependent and limited by gods first mould and paterne of a king ? doctor ferne sheweth us it was never his purpose to plead for absolutenesse of an arbitrary commandement , free from all morall restraint laid on the power by gods law ; but only he striveth for a power in the king that cannot be resisted by the subject . but truely we never disputed with royalists of any absolute power in the king , free from morall subjection to gods law . because any bond that gods law imposeth on the king , it commeth wholly from god , and the nature of a divine law , and not from any voluntary contract , or covenant , either expresse , or tacito , betwixt the king and the people who made him king , for if he faile against such a covenant , though he should exceed the cruelty of a king , or a man , and become a lion and a nero , a mother-killer , he should in all his inhumanity and breach of covenant be countable to god , not to any man on earth . . to dispute with royalists , if gods law lay any morall restraint upon the king , nor to dispute whether the king be a rationall man , or no ; and whether he can sin against god , and shall cry in the day of gods wrath ( if he be a wicked prince ) hills fall on us , and cover us , as it is revel . . , . and whether tophet be prepared for all workers of iniquity ; and certainly i justifie the schoole-men in that question : whether or no god could have created a rationall creature , such a one as by nature is impeccable , and not naturally capable of sinne before god ? if royalists dispute this question of their absolute monarch , they are wicked divines . . we plead not at this time ( saith the prelate stealing from grotius , barclaius , arnisaeus , who spake it with more sinewes of reason ) for a ( masterly , or ) despoticall , or rather a slavishing soveraignty , which is dominium herile , an absolute power , such as the great turke this day exerciseth over his subjects , and the king of spaine hath over , and in his territories without europe : we maintain only regiam potestatem , quae fundatur in paterna , such royall fatherly soveraignty as we live under ▪ blessed be god , and our predecessors . this ( saith he ) as it hath its royall prerogative inherent to the crowne naturally , and inseparable from it , so it trencheth not upon the liberty of the person , or the property of the goods of the subject , but in , and by the lawfull and just acts of jurisdiction . ans . . here is another absolute power disclaimed to be in the king , he hath not such a masterly and absolute liberty as the turke hath . why ? iohn p. p. in such a tender and high point as concerneth soule and body of subjects in three christian kingdomes , you should have taught us . what bonds and fetters any covenant or paction betwixt the king and people layeth upon the king , why he hath not as king the power of the great turke . i will tell you ▪ the great turke may command any of his subjects to leape into a mountaine of fire , and burne himselfe quick , in conscience of obedience to his law. and what if the subject disobey the great turk ? if the great turke be a lawfull prince , as you will not deny . and if the king of spaine should command forraine conquered slaves to doe the like . by your doctrine neither the one , nor the other were obliged to resist by violence , but to pray , or fly , which both were to speake to stones , and were like the man , who in case of ship-wrack , made his devotion of praying to the waves of the sea , not to enter the place of his b●d and drowne him . but a christian king hath not this power ; why , and a christian king ( by royalists doctrine ) hath a greater power then the turke ( if greater can be ) he hath power to command his subjects to cast themselves into hell-fire ; that is , to presse on them a service wherein it is written : ( adore the worke of mens hands in the place of the living god ) and this is worse then the turkes commandement of bodily burning quick . and what is left to the christian subjects , in this case , is the very same , and no other then is left to the turkish and forraigne spanish subject ; either flee , or make prayers ▪ there is no more left to us . . many royalists maintaine , that england is a conquered nation . why then , see what power , by law of conquest , the king of spaine hath over his slaves , the same must the king of england have over his subjects . for , to royalists , a title by conquest to a crown , is as lawfull as a title by birth or election . for lawfulnesse , in relation to gods law , is placed in an indivisible point , if we regard the essence of lawfulnesse : and therefore there is nothing left to england , but that all protestants who take the oath of a protestant king , to defend the true protestant religion , should , after prayers , conveyed to the king through the fingers of prelates and papists ; leave the kingdome empty to papists , prelates and atheists . . all power restrained , that it cannot arise from ten degrees to foureteen , from the kingly power of saul , sam. . , . to the kingly power of the great turke , to fourteen ; . must either be restrained by gods law ; . or by mans law ; or . by the innate goodnes and grace of the prince ; or . by the providence of god. a restraint from gods law is vaine : for it is no question between us and royalists , but god hath laid a morall restraint on kings , and all men , that they have not morall power to sinne against god. . is the restraint laid on by mans law ? what law of man ? . the royalist saith , . the king , as king , is above all law of man. then ( say i ) no law of man can hinder the kings power of ten , to arise to the turkish power of foureteen . . all law of man , as it is mans law , is seconded either with ecclesiasticall and spirituall coaction , such as excommunication ; ▪ or with civill and temporall coaction , such as is the sword , if it be violated . but royalists deny , that either the sword of the church in excommunication , or the civill sword , should be drawn against the king. . this law of man should be produced by this profound iurist , the p. prelate , who mocketh at all the statists and lawyers of scotland . it is not a covenant betwixt the king and people , at his coronation : for though there were any such covenant , yet the breach of it doth binde before god , but not before man : nor can i see , or any man else , how a law of man can lay a restraint on the kings power of two degrees , to cancell it within a law , more then on a power of ten , or fourteene degrees . if the king of spaine , the lawfull soveraigne of those over-european people , ( as royalists say ) have a power of foureteene degrees over those conquered subjects , as a king ; i see not how he hath not the like power over his own subjects of spaine , to wit , even of foureteen : for what agreeth to a king , as a king , ( and kingly power from god he hath as king ) he hath it in relation to all subjects , except it be taken from him in relation to some subjects , and given by some law of god ; or in relation to some other subjects . now , no man can produce any such law . . the nature of the goodnesse and grace of the prince , cannot lay bonds on the king , to cancell his power , that he should not usurpe the power of the king of spaine toward his over-europeans . . royalists plead for a power due to the king , as king , and that from god ; such as saul had , sam. . , . sam. . . but this power should be a power of grace and goodnesse in the king , as a good man ; not in the king , as a king , and due to him by law : and so the king should have his legall power from god , to be a tyrant . but if he were not a tyrant , but should lay limits on his own power , through the goodnesse of his own nature ; no thankes to royalists that he is not a tyrant : for , actu primo , and as he is a king , ( as they say ) he is a tyrant , having from god a tyrannous power of ten degrees , as saul had , sam. . and why not of foureteen degrees , as well as the great turke , or the king of spaine ? if he use it not , it is his own personall goodnesse , not his officiall and royall power . . the rastraint of providence laid by god upon any power to doe ill , hindreth only the exercise of the power not to breake forth in as tyrannous acts as ever the king of spaine , or the great turke can exercise toward any . yea , providence layeth physicall restraint , and possibly morall , sometimes , upon the exercise of that power that devils , and the most wicked men of the world hath : but royalists must shew us that providence hath laid bounds on the kings power , and made it fatherlie , and not masterly ; so that if it the power exceed bounds of fatherly power , and passe over to the dispoticall and masterly power , it may be resisted by the subjects . but that they will not say . . this paternall and fatherly power that god hath given to kings , as royalists teach , it trencheth not upon the libertie of the subjects , and propertie of their goods ; but in , and by lawfull and just acts of jurisdiction ( saith the p. prelate : ) well ; then it may trench upon the libertie of soule and body of the subjects ; but in , and by lawfull and just acts of of jurisdiction : but none are to judge of these acts of iurisdiction , whether they be just or not just , but the king , the only iudge of supreme and absolute authoritie and power . and if the king command the idolatrous service in the obtruded service-booke , it is a lawfull and a just act of jurisdiction : for to royalists , who make the kings power absolute , all acts are so just to the subject , though he command idolatrie and turcisme , that we are to suffer only , and not to resist . . the prelate presumeth that fatherly power is absolute : but so if a father murther his childe , he is not comptable to the magistrate therefore ; but being absolute over his children , only the judge of the world , not any power on earth can punish him . . we have proved that the kings power is paternall or fatherly only , by analogie , and improperly . . what is this prerogative royall , we shall heare by and by , . there is no restraint on earth , laid upon this fatherly power of the king , but gods law , which is a morall restraint . if then the king challenge as great a power as the turke hath , he only sinneth against god ; but no mortall man on earth may controll him , as royalists teach : and who can know what power it is that royalists plead for , whether a dispoticall power of lordly power , or a fatherly power ? if it be a power above law , such as none on earth may resist it ; it is no matter whether it be above law of two degrees , or of twenty , even to the great turkes power . these goe for oracles , at court ▪ tacitus . principi summum rerum arbitrium dii dederunt , subditis obsequii gloria relicta est . seneca . indigna digna habenda sunt , rex quae facit . salustius . impun● quidvis facere , id est , regem esse . as if to be a king , and to be a god , who cannot erre , were all one . but certainly , these authors are taxing the licence of kings , and not commanding their power . but that god hath given no absolute and unlimited power to a king , above the law , is evident by this : arg. . he who in his first institution , is appointed of god , by office , even when he sitteth on the throne , to take heed to read on a written copie of gods law , that he may learne to feare the lord his god , and keep all the words of this law , &c. he is not of absolute power above law . but , deut. . , ▪ the king , as king , while he sitteth on the throne , is to doe this ; ergo , the assumption is cleare : for this is the law of the king , as king ; and not of a man , as a man. but as he sitteth on the throne , he is to read on the booke of the law : and ver . . because he is king , his heart is not to be lifted up above his brethren . and as king , v. . he is not to multiply horses , &c. so polititians make this argument good : they say , rex est lex viva , animata ▪ & loquens lex : the king , as king , is a living , breathing , and speaking law. and there be three reasons of this : . if all were innocent persons , and could doe no violence one to another ; the law would rule all , and all men would put the law in execution , agendo sponte , by doing right of their own accord ; and there should be no need of a king to compell men to do right . but now , because men are , by nature , averse to good lawes , therefore there was need of a ruler , who by office should reduce the law into practice : and so is the king the law reduced in practice . . the law is ratio sive mens , the reason or minde , free from all perturbations of anger , lust , hatred , and cannot be tempted to ill ; and the king , as a man , may be tempted by his own passions ; and therefore as king , he commeth by office out of himselfe to reason and law ; and so much as he hath of law , so much of a king ; and in his remotest distance from law and reason , he is a tyrant . . abstracta concretis sunt puriora & perfectiora . iustice is perfecter then a just man , whitenes perfecter then the white wall : so the neerer the king comes to a law , for the which he is a king , the neerer to a king ; propter quod unumquodque tale , id ipsum magis tale . therefore kings throwing lawes to themselves , as men , whereas they should have conformed themselves to the law , have erred . cambyses the sonne of cyrus , because he loved his own sister , would have the mariage of the brother with the sister , lawfull . anaxarchus said to alexander , grieved in minde that he had killed clytus : regi ac iovi themin atque iustitiam assidere : iudgement and righteousnesse did alway accompanie god and the king in all they doe . but some to this purpose say better ; the law , rather then the king , hath power of life and death . arg. . the power that the king hath ( i speak not of his gifts ) he hath it from the people , who maketh him king , as i proved before : but the people have neither formally nor virtually any power absolute to give the king , all the power they have , is a legall and naturall power to guide themselves in peace and godlinesse , and save themselves from unjust violence , by the benefit of rulers . now an absolute power above a lawis a power to doe ill , and to destroy the people , and this the people have not themselves , it being repugnant to nature , that any should have a naturall power in themselves to destroy themselves , or to inflict upon themselves an evill of punishment to destruction . though therefore it were given , which yet is not granted , that the people had resigned all power that they have into their king , yet if he use a tyrannicall power against the people for their hurt and destruction , he useth a power that the people never gave him ; and against the intention of nature : for they invested a man with power to be their father , and defender for their good , and he faileth against the peoples intention in usurping a● over power to himselfe , which they never gave , never had , never could give , for they cannot give what they never had , and power to destroy themselves they never had . . arg. all royall power , whereby a king is a king , and differenced from a private man , armed with no power of the sword , is from god. but absolute power to tyranize over the people , and to destroy them , is not a power from god : ergo there is not any such royall power absolute . the proposition is evident , because that god who maketh kings , and disposeth of crownes , prov. . , . sam. . . daniel . . must also create and give that royall and officiall power , by which a king is a king , . because god created man , he must be the author of his reasonable soule ; if god be the author of things , he must be the author of their formes , by which they are , that which they are . . all power is gods. chro. . matth. . . ps . . . ps . . . dan. . . and that absolute power to tyrannize , is not from god. . because if this morall power to sinne be from god , it being formally wickednesse , god must be the author of sinne . . what ever morall power is from god , the exercises of that power , and the acts thereof must be from god , and so these acts must be morally good and just ; for if the morall power be of god , as the author , so must the acts be . now the acts of a tyrannicall power are acts of sinfull unjustice and oppression , and cannot be from god. . polititians say , there is no power in rulers to doe ill , but to helpe and defend the people , as the power of a physi●ian to destroy ; of a pilot to cast away the ship on a rock , the power of a tutor to wast the inheritance of the orphan , and the power of father and mother to kill their children , and of the mighty to defraud and oppresse , are not powers from god. so ferdinand vasquez illustr . quest . l. . c. . c. . pruckman d. c. . § . soluta potestas . althus . pol. cap. . n. . barclaim , grotius , doct. ferne , ( the p. prelates wit could come up t̄o it ) say , that absolute power to do ill , so as no mortall man can lawfully resist it , is from god ; and the king hath this way power from god as no subject ●an resist it , but he must resist the ordinance of god , and yet the power of tyranny is not simply from god. answ . the law saith , illud possumus quod jure possumus , papinus f. filius , d. de cond . just . the law saith , it is no power which is not lawfull power . the royalists say , power of tyranny in so farre as it may be resisted , and is punishable by men , is not from god ; but what is the other part of the distinction ; it must be , that tyrannicall power is simpliciter from god , or in it self it is from god , but as it is punishable or restrainable by subjects , it is not from god : now to be punishable by subjects , is but an accident and tyrannicall power is the subject , yea , and it is an separable accident ; for many tyrants are never punished , and their power is never restrained , such a tyrant was saul , and many persecuting emperours : now if the tyrannicall power it self was from god , the argument is yet valid , and remaineth unanswered ; and shall not this fall to the ground as false , which arnisaeus de autho . princ . c. . n. . dum contra officium facit , magistratus non est magistratus , quippe a quo non injuria , sed jus nasci debeat , l. meminerint . . c. unde vi . din. in c. quod quis , . n. , . — et de ho● neminem dubitare aut dissentire scribit , marant . disp . . num . . when the magistrate doth by violence , and without law any thing , in so farre doing against his office , he is not a magistrate ; then say i , that power by which he doth , is not of god. . none doeth then resist the ordinance of god , who resist the king in tyrannous acts . . if the power , as it cannot be punished by the subject ▪ nor restrained , be from god. ergo , the tyrannicall power itself , and without this accident ( that it can be punished by men ) it must be from god also ; but the conclusion is absurd , and denied by royalists . i prove the connexion : for if the king have such a power above all restraint , the power itself , to wit , king davids power to kill innocent vriah , and defloor bathshebah , without the accident , of being restrained or punished by men , is either from god , or not from god ; if it be from god , it must be a power against the sixth and seventh commandment , which god gave to david , and not to any subject , and so david lied when he confessed this sin ▪ and this sin cannot be pardoned because it was no sin ; and kings because kings , are under no tye of duties of mercy and truth , and justice to their subjects , contrary to that which gods law requireth of all judges , deut. . , , . and . , , , , , . chro. . , . rom. . , . if this power be from god , as it is unrestrainable and unpunishable by the subject , it is not from god at all ; for how can god give a power to do ill , that is unpunishable by men , and not give that power to do ill ; it is unconceiveable : for in this very thing that god giveth to david , a power to murther the innocent , with this respect , that it shall be punishable by god onely , and not by men , god m●st give it as a sinfull power to do ill , which must be a power of dispensation to sin , and so not to be punished by either god , or man , which is contrary to his revealed will in his word : if such a power as not restrainable by man , be from god , by way of permission , as a power to sin in divels , and men is , then it is no royall power , nor any ordinance of god , and to resist this power , is not to resist the ordinance of god. argum. . that power which maketh the benefit of a king , to be no benefit , but a judgement of god , as a making all the people slaves , such as were slaves amongst the romans and jews , is not to be asserted by any christian : but an absolute power to do ill , and to tyrannize , which is supposed to be an essentiall and constitutive of kings , to difference them from all judges , maketh the benefit of a king no benefit , but a judgement of god , as making all the people slaves . that the major may be clear , it is evident to have a king , is a blessing of god , because to have no king is a judgement , judg. . . every man doth what seemeth good in his own eyes , judg. . . and . . and . . . so it is a part of gods good providence to provide a king for his people , sam. . . so sam. . . and david perceived that the lord had established him king over israel , and that he had exalted his kingdom , for his people israels sake , sam. . , , . sam. . . rom. . , , . if the king be a thing good in it self , then can he not actu primo , be a curse and a judgement , and essentially a bondage and slavery to the people : also the genuine and intrinsecall end of a king is the good , rom. . . and the good of a quiet a peaceable life in all godlinesse and honesty , tim. . . and he is by office , custos utriusque tabulae , whose genuine end is to preserve the law from violence , and to defend the subject ; he is the peoples debtor for all happynesse possible to be procured by gods sword , either in peace or war , at home or abroad . for the assumption , it is evident . an absolute and arbitrary power is a king-law , such as royalists say god gave to saul , sam. . , . and . . to play the tyrant , and this power arbitrary and unlimited above all laws , is that which . is given of god. . distinguisheth essentially the kings of israel from the iudge , ●aith banclay , grotius , arnisaeus . . a constitutive form of a king , therefore it must be actu primo a benefit , and a blessing of god : but if god hath given any such power absolute to a king , as . his will must be a law , either to do or suffer all the tyranny and cruelty of a tyger , leopard , or a nero , and a julian , then hath god given actu primo , a power to a king as king , to inslave the people and slock of god , redeemed by the blood of god , as the slaves among the romans and iews , who were so under their masters , as their bondage was a plague of god , and the lives of the people of god under pharaoh , who compelled them to work in brick and clay . . though he cut the throats of the people of god , as the lionnesse queen mary did , and command an army of souldiers to come and burn the cities of the land , and kill man , wife , and children ; yet in so doing , he doth the part of a king , so as you cannot resist him as a man , and obey him as a king , but must give your necks to him , upon this ground , because this absolute power of his is ordained of god ; and there is no power , even to kill , and destroy the innocent , but it is of god , so saith paul , rom. . if we beleeve court-prophets , or rather lying-spirits , who perswade the king of britain , to make war against his three dominions . now it is clear , that the distinction of bound and free , continued in israel even under the most tyrannous kings , kings . . yea , even when the iews were captives under ahasuerus , esther . . and what difference should there be between the people of god under their own kings , and when they were captives under tyrants , serving wood and stone , and false gods , as was threatned , as a curse in the law , deut. . , , , . if their own kings by gods appointment have the same absolute power over them ; and if he be a tyrant , actu primo , that is , if he be indued with absolute power , and so have power to play the tyrant , then must the people of god be actu primo , slaves , and under absolute subjection , for they are relatives , as lord and servant , conquerour and captive . it is true , they say , kings by office are fathers , they cannot put forth in action their power to destroy : i answer , it is their goodnesse of nature , that they put not forth in action , all their absolute power to destroy , which god hath given them as kings ; and therefore thanks are due to their goodnesse , for that they do not actu secundo play the tyrant ; for royalists teach that by vertue of their office , god hath given to them a royall power to destroy . ergo , the lords people are slaves under them , though they deal not with them as slaves , but that hindereth not , but the people by condition are slaves : so , many conquerours of old , did deal kindely with these slaves whom they took in war , and dealt with them as sons , but as conquerours they had power to sell them , to kill them , to put them to work in brick and clay : so say i here , royall power and a king , cannot be a blessing , and actu primo a favour of god to the people ; for the which they are to pray , when they want a king , that they may have one , or to praise god when they have one . but a king must be a curse and a judgement , if he be such a creature as essentially , and in the intention and nature of the thing it self , hath by office a royall power to destroy , and that from god ; for then the people praying ( lord give us a king ) should pray ( make us slaves , lord , take our libertie and power from us , and give a power illimited and absolute to one man , by which he may ( if he please ) waste us and destroy us , as all the bloody emperours did the people of god. ) surely , i see not but they should pray for a temptation , and to be led in temptation when they pray god to give them a king , and therefore such a power is a vain thing . argum. . a power contrary to justice . . to peace and the good of the people . . that looketh to no law as a rule , and so is unreasonable , and forbidden by the law of god , and the civill law , l. . filius de condit . instit . cannot be a lawfull power , and cannot constitute a lawfull iudge ; but an absolute and unlimited power is such : how can the iudge be the minister of god for good to the people , rom. . ? if he have such a power as a king given him of god to destroy and waste the people ? argum. . an absolute power is contrary to nature , and so unlawfull ; for it maketh the people give away the naturall power of defending their life against illegall and cruell violence , and maketh a man who hath need to be ruled and lawed by nature , above all rule and law ; and one who by nature can sin against his brethren , such a one as cannot sin against any , but god onely , and maketh him a lion and an unsociall man. what a man is nero , whose life is poesie & paintry , domitian only an archer . valentinian only a painter , charles the th . of france only an hunter , alphonsus dux ferrariensis only an astronomer , philippe of macedo only a musitian , and all because they are kings ? this our king denyeth when he saith , art. . there is power legally placed in the parliament , more then sufficient to prevent and restraine the power of tyranny . but if they had not power to play the lions , it is not much that kings are musitians , hunters , &c. . god in making a king to preserve his people , should give liberty without all politick restraint , for one man to destroy many ; which is contrary to gods end in the fift commandement , if one have absolute power to destroy soules and bodies of many thousands . . if the kings of israel and iudah were under censures and rebukes of the prophets , and sinned against god and the people in rejecting these rebukes , and in persecuting the prophets , and were under this law not to take their neighbours wife , or his vineyard from him against his will , and the inferiour iudges were to accept the persons of none in iudgement , small or great ; and if the king yet remaine a brother , notwithstanding he be a king , then is his power not above any law nor absolute : for what reason ? . he should be under one law of god to be executed by men , and not under another law ? royalists are to shew a difference from gods word . . his neighbours , brother , or subjects may by violence keepe back their vineyards , and chastity from the king : naboth may by force keepe his owne vineyard from achab ; by the lawes of scotland , if a subject obtaine a decree of the king of violent possession of the heritages of a subject , he hath by law , power to cast out , force , apprehend and deliver to prison these who are tenants , brooking these lands by the kings personall commandement . if a king should force a damsell , she may violently resist , and by violence , and bodily opposing of violence to violence , defend her owne chastity . now that the prophets have rebuked kings is evident . samuel rebuked saul , nathan david , elias king achab. ieremiah is commanded to prophesie against the kings of iudah ier. . . and the prophets practised it , ier. . . c. . . c. . , , . hos . . . kings are guilty before god , because they submitted not their royall power and greatnesse to the rebukes of the prophets , but persecuted them . deut. . . the king on the throne remaineth a brother , psal . . . and so the iudges or three estates are not to accept of the person of the king , for his greatnesse , in iudgement , deut. . , . and the iudge is to give out such a sentence in iudgement as the lord , with whom there is no iniquity , would give out , if the lord himselfe were sitting in iudgement ; because the iudge is in the very stead of god , as his lievtenant , chron. . , . ps . . , . deut. . . and with god there is no respect of persons , chro. . . pet. . . act. . . i doe not intend that , any inferiour iudge sent by the king , is to judge the king , but these who gave him the throne , and made him king are truely above him , and to judge him without respect of persons , as god would judge himselfe , if he himselfe were sitting in the beanch . . god is the author of civill lawes and government , and his intention is therein the externall peace and quiet life , and godlinesse of his church and people , and that all iudges according to their places be nurse-fathers to the church , esay . . now god must have appointed sufficient meanes for this end ; but there is no sufficient meanes at all , but a meere anarchy and confusion , if to one man an absolute and unlimited power be given of god , whereby at his pleasure he may obstruct the fountaines of iustice , and command lawyers and lawes to speake not gods mind , that is iustice , righteousnesse , safety , true religion , but the sole lust and pleasure of one man. and . this one having absolute and irresistible influence on all the inferiour instruments of iustice , may by this power turne all into anarchy , and put the people in a worse condition , then if there were no iudge at all in the land. for that of polititians , that tyranny is better then anarchy , is to be taken cum grano salis ; but i shall never beleeve , that absolute power of one man , which is actu primo , tyranny is gods sufficient way of peaceable government . therefore barclaius saith nothing for the contrary , when he saith , the athenians made draco and solon absolute law-givers , for , a facto adjus non valet consequentia . what if a roving people trusting draco and solon to be kings above mortall men , and to be gods , gave them power to make lawes written , not with inke , but with blood : shall other kings have from god the like tyrannicall and bloody power from that , to make bloody lawes ? chytreus , lib. . and sleidan citeth it . l. . sueton. sub paena periurii non tenentur fidem sevare regi degeneri . . he who is regulated by law , and sweareth to the three estates to be regulated by law , and accepteth the crown covenant-wise , and so as the estates would refuse to make him their king , if either he should refuse to sweare , or if they did beleeve certainly that he would breake his oath ; he hath no illimited and absolute power from god or the people : for , faedus conditionatum , aut premissio conditionalis mutua , facit jus alteri in alterum : a mutuall conditionall covenant giveth law and power over one to another . but from that which hath been said ; the king sweareth to the three estates , to be regulated by law ; he accepteth the crowne upon the tenor of a mutuall covenant , &c. for if he should , as king , sweare to be king , that is , one who hath absolute power above a law ; and also to be regulated by a law : he should sweare things contradictorie , that is , that he should be their king , having absolute power over them , and according to that power to rule them : and he should sweare , not to be their king , and to rule them , not according to absolute power , but according to law. if therefore this absolute power be essentiall to a king , as a king ; no king can lawfully take the oath to governe according to law : for then he should sweare not to reigne as king , and not be their king ; for how could he be their king , wanting that which god hath made essentiall to a king , as a king ? quest . xxiii . whother the king hath any royall prerogative , or a power to dispence with lawes ? and some other-grounds against absolute monarchie . a prerogative royall , i take two wayes : . either to be an act of meere will and pleasure , above , or beside reason or law : or , an act ▪ of dispensation , beside , or against the letter of the law. assert . . that which royalists call the prerogative royall of princes , is the salt of absolute power ; and it is a supreme and highest power of a king , as a king , to doe above , without , or contrary to a law , or reason : which is unreasonable . . when gods word speaketh of the power of kings and iudges , deut. . , , . deut. . , , . and elsewhere , there is not any footstep , or ground for such a power : and therefore ( if we speake according to conscience ) there is no such thing in the world : and because royalist● cannot give us any warrant , it is to be rejected . . a prerogative royall must be a power of doing good to the people , and grounded upon some reason or law : but this is but a branch of an ordinarie limited power , and no prerogative above or beside law . yea , any power not grounded on a reason different from meere will or absolute pleasure , is an irrationall and brutish power ; and therefore it may well be jus personae , the power of the man who is king ; it cannot be jus coronae , any power annexed to the crown : for this holdeth true of all the actions of a king , as a king. illud potest rex , & illud tantum quod jure potest . the king , as king , can doe no more , then that which upon right and law he may doe . . to dispute this question , whether such a prerogative agree to any king , as king ; is to dispute whether god hath made all under a monarch , slaves , by their own consent : which is a vaine question . . those who hold such a prerogative , must say , the king is so absolute and illimited a god on earth , that either by law , or his sole pleasure beside law , he may regularly and rationally move all wheeles in policie ; and his uncontrolled will shall be the axeltree on which all the wheeles are turned . . that which is the garland and proper flower of the king of kings , as he is absolute above his creatures , and not tyed to any law , without himselfe , that regulateth his will ; that must be given to no mortall man , or king , except we would communicate that which is gods proper due , to a sinfull man ; which must be idolatrie . but to doe royall acts out of an absolute power above law and reason , is such a power as agreeth to god , as is evident in positive lawes , and in acts of gods meere pleasure , where we see no reason without the almightie , for the one side , rather than for the other ; as gods forbidding the eating of the tree of knowledge , maketh the eating , sinne , and contrary to reason ; but there is no reason in the object : for if god should command eating of that tree , not to eat , should be also sinne . so gods choosing peter to glory , and his refusing judas , is a good and a wise act , but not good or wise from the object of the act , but from the sole wise pleasure of god ; because , if god had chosen judas to glory , and rejected peter , that act had been no lesse a good and a wise act , then the former . for when there is no law in the object , but only gods will , the act is good and wise , seeing infinite wisdome cannot be separated from the perfect will of god : but no act of a mortall king , having sole and only will , and neither law nor reason in it , can be a lawfull , a wise , or a good act . assert . . there is something which may be called a prerogative by way of dispensation . there is a threefold dispensation ; one of power , another of justice , and a third of grace . a dispensation of power , is , when the will of the law-giver maketh that act to be no sinne , which without that will would have been sinne : as if gods commanding will had not interveened , the israelites borrowing the eare-rings and jewels of the egyptians , and not restoring them , had been a breach of the commandement : and in this sense no king hath a prerogative to dispence with a law. . there is a dispensation of law and justice , not flowing from any prerogative , but from the true intent of the law. and thus the king , yea the inferiour judge , is not to take the life of a man , whom the letter of the law would condemne ; because the justice of the law , is the intent and life of the law : and where nothing is done against the intent of the law , there is no breach of any law. the third is not unlike unto the second , when the king exponeth the law by grace : and this is twofold ; . either when he exponeth it of his wisdome and mercifull nature , inclined to mercy and justice ; yet according to the just intent , native sense and scope of the law , considering the occasion , circumstances of the fact , and comparing both with the law : aud this dispensation of grace i grant to the king ; as when the tribute is great , and the man poor , the king may dispense with the custome . . the law saith , in a doubtfull case the prince may dispense , because it is presumed , the law can have no sense against the principall sense and intent of the law. but there is another dispensation that royalists doe plead for , and that is , a power in the king , ex mera gratia absolutae potestatis regalis ; out of meere grace of absolute royall power , to pardon crimes , which gods law saith , should be punished by death . now this they call a power of grace ; but it is not a power of meere grace . but , . though princes may doe some things of grace , yet not of meere grace : because , what kings doe , as kings , and by vertue of their royall office , that they do ex debito officii , by debt and right of their office ; and that they cannot but do , it not being arbitrarie to them to doe the debtfull acts of their office : but what they doe of meere grace , that they doe as good men , and not as kings : and that they may not doe . as for example : some kings , out of their pretended prerogative , have given foure pardons to one man , for foure murthers : now this the king might have left undone without sinne ; but of meere grace he pardoned the murtherer , who killed foure men . but the truth is , the king killed the three last ; because he hath no power in point of conscience , to dispute with blood , num. . . gen. . . these pardons are acts of meere grace to one man ; but acts of blood to the communitie . . because the prince is the minister of god for the good of the subject ; and therefore the law saith , he cannot pardon , and free the guilty , of the punishment due to him . contra l. quod favore , f. de leg . l. non ideo minus . f. de proc . l. legata inutiliter . f. de lega . . and the reason is cleare ; he is but the minister of god , a revenger to execute wrath upon him that doth evill . and if the judgement be the lords , not mans , not the kings , as it is indeed , deut. . . chron. . . he cannot draw the sword against the innocent , nor absolve the guiltie , except he would take on himselfe to carve and dispose of that which is proper to his master . now certaine it is , god only , univocally and essentially , as god , is the judge , ps . . . and god only and essentially king , ps . . . ps . . . and all men in relation to him , are meere ministers , servants , legates , deputies : and in relation to him equivocally and improperly , iudges or kings , and meere created and breathing shadowes of the power of the king of kings . and looke as the scribe , following his own device , and writing what sentence he pleaseth , is not an officer of the court in that point , nor the pen and servant of the iudge : so are kings , and all iudges , but forged intruders , and bastard kings and iudges , in so far as they give out the sentences of men , and are not the very mouthes of the king of kings , to pronounce such a sentence as the almighty himselfe would doe , if he were sitting on the throne or bench. . if the king from any supposed prerogative royall , may doe acts of meere grace , without any warrant of law , because he is above law , by office : then also may he doe acts of meere rigorous iustice , and kill and destroy the innocent , out of the same supposed prerogative ; for gods word equally tyeth him to the place of a meere minister in doing good , as in executing wrath on evill doers , rom. . , . and reason would say , he must be as absolute in the one , as in the other , seeing god tieth him to the one , as to the other , by his office and place ▪ yea by this , acts of iustice to ill-doers , and acts of reward to well-doers , shall be arbitrary morally , and by vertue of office to the king , and the word prerogative royall saith this ; for the word prerogative is a supreme power absolute ▪ that is loosed from all law , and so from all reason of law , and depending on the kings meer and naked pleasure and will ; and the word royall or kingly , is an epithete of office , and of a iudge , a created and limited iudge , and so it must tye this supposed prerogative to law , reason , and to that which is debitum legale officii , and a legall duty of an office ; and by this our masters the royalists make god to frame a rationall creature , which they call a king , to frame acts of royalty , good and lawfull , upon his own meer pleasure , and the super-dominion of his will , above a law and reason . and from this it is that deluded counsellours , made king james ( a man not of shallow understanding ) and king charls , to give pardons to such bloody murtherers , as james a grant , and to go so far on , by this supposed prerogative royall , that king charls in parliament at edinburgh , . did command an high point of religion , that ministers should use in officiating in gods service , such habits and garments as he pleaseth ; that is , all the attire and habits of the idolatrous masse-priests , that the romish priests of baal useth in the oadest point of idolatry ( the adoring of bread ) that the earth has ; and by this prerogative , the king commanded the service book in scotland , an. . without or above law and reason . and i desire any man to satisfie me in this , if the kings prerogative royall , may over-leap law and reason in two degrees , and if he may as king , by a prerogative royall , command the body of popery in a popish book ; if he may not by the same reason , over-leap law and reason by the elevation of twenty degrees ; and if you make the king a iulian ( god avert , and give the spirit of revelation to our king ) may he not command all the alcaron , and the religion of the heathen and indians ? royalists say , the prerogative of royalty excludeth not reason , and maketh not the king to ●● as a brute beast without all reason ; but it giveth a power to a king to do by his royall pleasure , not fettered to the dictates of a law ; for in things which the king doth by his prerogative royall , he is to follow the advice and counsell of his wise counsell , though their counsell and advice doth not binde the royall will of the king. i answer , it is to me , and i am sure to many learneder , a great question ; if the will of any reasonable creature , even of the damned angels , can will , or chose any thing which their reason corrupted , as it is , doth not dictate , hic & nunc to be good . for the object of the will of all men is good , either truely , or apparently good to the doer ; for the devill could not suite in marriage souls , except he war in the cloths of an angel of light ; sin as sin cannot sell , or obtrude it self upon any , but under the notion of good . i think it seemeth good to the great turk ▪ to command innocent men , to cast themselves over a precipie two hundreth fadom high in the sea , and drown themselves to pleasure him : so the turks reason ( for he is rationall , if he be a man ) dictateth to his vast pleasure , that that is good which he commandeth . . counsellours to the king , who will speak what will please the queen , are but naked empty titles , for they speak que placent , non que prosunt ; what may please the king whom they make glad with their lies , not what law and reason dictateth . . absolutenesse of an unreasonable prerogative , doth not deny counsell and law also ; for none more absolute , de facto , i cannot say de jure then the kings of babylon , and persia : for daniel saith of one of them , dan. . . whom he would , he slew , and whom he would , he kept alive , and whom he would , he set up , and whom he would , he put down ; and yet these same kings did nothing , but by advice of their princes and counsellors , yea , so as they could not alter a decree and law , as is clear , ester . , , , , . yea darius de facto an absolute prince , was not able to deliver daniel , because the law was passed , that he should be cast into the lions den , dan. . , , . . that which the spirit of god condemneth as a point of tyranny in nebuchadnezzar , that is no lawfull prerogative royall : but the spirit of god condemneth this as tyranny in nebuchadnezzar , that he slew whom he would , he kept alive whom he would , he set up whom he would , he put down , this is too god-like , deut. . . so polanus , rollocus , on the place , say , he did these things , vers . . ex abusu legitime potestatis ; for nebuchadnezzars will in matters of death and life , was his law , and he did what pleased himself above all law beside , and contrary to it : and our flatterers of kings draw the kings pretogative out of vlpians words , who saith , that is a law which seemeth good to the prince ; but vlpian was far from making the princes will a rule of good and ill , for he saith the contrary , that the law ruleth the just prince . . it is considerable here , that sanches defineth the absolute power of kings to be a plenitude and fulnesse of power , subject to no necessity , and bounded with rules of no publick law , and so did baldus before him : but all politicians condemn that of caligula ( as suetonius saith ) which he spake to alexander the great ▪ remember that thou maist do all things , and that thou hast a power to do to al men , what thou pleasest : and lawyers say , that this is tyranny : chilon one of the seven wise of greece ( as rodigi ) saith better , princes are like gods , because they onely can do that which is just . and this power being meerly tyrannicall , can be no ground of a royall prerogative : there is another power ( saith sanches ) absolute , by which a prince dispenseth without a cause in a humane law ; and this power , saith he , may be defended : but he saith , what the king doth by this absolute power , he doth it validè , validly , but not jure by law ; but by valid acts the iesuite must mean royall acts , but no acts void of law and reason ( say we ) can be royall acts ; for royall acts are acts performed by a king , as a king , and by a law , and so cannot be acts above , or beside a law. it is true , a king may dispence with the breach of an humane law , as a humane law , that is , if the law be death to any , who goeth up on the walls of the citie , the king may pardon any , who going up , discovereth the enemies approach , and saveth the citie . but , . the inferiour iudge according to the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that benigne interpretation that the soul and intent of the law requireth , may do this as well as the king. . all acts of independent prerogative are above a law , and acts of free-will having no cause or ground in the law , otherwayes it is not founded upon absolute power , but on power ruled by law and reason : but to pardon a breach of the letter of the law of man , by exponing it , according to the true intent of the law and benignly , is an act of legall obligation , and so of the ordinary power of all iudges ; and if either king or iudge kill a man for the violation of the letter of the law , when the intent of the law contradicteth the rigid sentence , he is guilty of innocent blood . if that learned ferdin . vasquez be consulted , he is against this distinction of a power ordinary and extraordinary in men ; and certainly , if you give to a king a prerogative above a law , it is a power to do evill , as well as good ; but there is no lawfull power to do evill , and doct. ferne is plunged in a contradiction by this , for he saith , sect. . pag. . i ask when these emperours took away lives and goods at pleasure , was that power ordained by god ? no. but an illegall will and tyranny : but , pag. . the power though abused to execute such a ( wicked ) commandment , is an ordinance of god. it is objected . for the lawfulnesse of an absolute monarchy . the easterne , persian , and turkes monarchy , maketh absolute monarchy lawfull , for it is an oath to a lawfull obligatory thing , and judgment , ezech. . , . is denounced against iudah , for breaking the oath of the king of babylon , and it is called the oath of god , and doubtlesse was an oath of absolute subjection , and the power , rom. . was absolute , and yet the apostle calleth it an ordinance of god. the soveraignty of masters over servanes was absolute , and the apostle exhorteth not to renounce that title as to ridged , but exhorteth to moderation in the use of it , ans . that the persian monarchy was absolute , is but a facto ad jus , and no rule of a lawfull monarchy , but that it was absolute , i beleeve not . darius who was an absolute prince ( as many think ) but ( i thinke not ) would gladly have delivered daniel from the power of a law , and dan. . . and he set his heart on daniel to deliver him , and he laboured till the going downe of the sun to deliver him , and was so sorrowfull , that he could not breake through a law , that he interdicted himselfe of all pleasures of musitians , and if ever he had used the absolutenesse of a prerogative royall , i conceive he would have done it in this , yet he could not prevaile : but in things not established by law , i conceive darius was absolute , as to me is cleare , daniel . v. . but absolute not by a divine law , but , de facto , quod transierat in jus humanum , by fact , which was now become a lrw . . it was gods oath , and god tyed iudah to absolute subjection , ergo people may tye themselves . it followeth not , except you could make good this inference , god is absolute , ergo the king of babylon may lawfully be absolute ; this is a blasphemous consequence . . that iudah was to sweare the oath of absolute subjection in the latitude of the absolutenesse of the kings of chaldea , i would see proved ; their absolutenesse by the chaldean lawes was to command murther , idolatry , daniel . , . and to make wicked lawes , dan. . v. , . i beleeve ieremiah commanded not absolute subjection in this sence . but the contrary , ier. . v. . they were to sweare the oath in the point of suffering ; but what if the king of chaldea had commanded them all , the whole holy seed , men , women and children , out of his royall power , to give their neckes all in one day to his sword , were they obliged by this oath to prayers and teares , and only to suffer ? and was it against the oath of god to defend themselves by armes ? i beleeve the oath did not oblige to such absolute subjection , and though they had taken armes in their owne lawfull defence , according to the law of nature , they had not broken the oath of god. the oath was not a tye to an absolute subjection of all and every one , either to worship idols , or then to fly , or suffer death . now the service-booke commanded in the kings absolute authority all scotland to commit grosser idolatry , in the intention of the work , if not in the intention of the commander , then was in babylon . ( we read not that the king of babylon pressed the consciences of gods people to idolatry ) or that all should either fly the kingdome , and leave their inheritances to papists and prelates , or then come under the mercy of the sword of papists and atheists by sea or land . . god may command against the law of nature ; and gods commandement maketh subjection lawfull ; so as men may not now , being under that law of god , defend themselves . what then ? ergo we owe subjection to absolute princes , and their power must be a lawfull power , it no waies is consequent . gods commandement by ieremiah made the subjection of iudah lawfull , and without that commandement they might have taken armes against the king of babylon , as they did against the philistines , and gods commandement maketh the oath lawfull . as suppone ireland would all rise in armes , and come and destroy scotland , the king of spain leading , then we were by this argument not to resist . . i● is denyed , that the power , rom. . as absolute , is gods ordinance . and i deny utterly that christ and his apostles did sweare non-resistence absolute to the roman emperour . obj. . it sesmeth , pet. . , . if well doing be mistaken by the reason and judgement of an absolute monarch for ill doing , and we punished , yet the magistrates will is the command of a reasonable will , and so to be submitted unto , because such a one suffereth by law , where the monarches will is a law , and in this case some power must judge . now in an absolute monarchy all judgement resolveth in the will of the monarch , as the supreame law : and if ancestors have submitted themselves by oath , there is no repeale , or redresment . ans . who ever was the author of this treatise , he is a bad defender of the defensive warres in england , for all the lawfulnesse of warres then must depend , on this . . whether england be a conquered nation at the beginning ? . if the law-will of an absolute monarch , or a nero be a reasonable will , to which we must submit in suffering ill , i see not but we must submit to a reasonable will ; if it be reasonable will in doing ill , no lesse then in suffering ill . . absolute will in absolute monarches is no iudge de jure , but an unlawfull and a usurping iudge . . pet. . , . servants are not commanded simply to suffer ( i can prove suffering formally not to fall under any law of god , but only patient suffering . i except christ , who was under a peculiar commandement to suffer . ) but servants , upon supposition that they are servants , and buffeted unjustly by their masters , are by the apostle peter commanded , v. . to suffer patiently . but it doth not bind up a servants hand , to defend his owne life with weapons , if his master invade him , without cause to kill him : otherwise if god call him to suffer , he is to suffer in the manner and way as christ did , not reviling , not threatning . . to be a king and an absolute master , to me are contradictory ; a king essentially is a living law. an absolute man is a creature , that they call a tyrant , and no lawfull king ; yet doe i not meane , that any that is a king , and usurpeth absolutenesse , leaveth off to be a king : but in so far as he is absolute , he is no more a king , then in so far as he is a tyrant . but further , the king of england saith in a declaration . . the law is the measure of the kings power . . parliaments are essentially lord iudges to make lawes essentially , as the king is , ergo the king is not above the law. . magna charta saith the king , can doe nothing , but by lawes , and no obedience is due to him , but by law. . prescription taketh away the title of conquests . obj . the king , not the parliament is the anoynted of god , ans . the parliament is as good , even a congregation of gods. psalme . . obj. . the parliament is the court , in their acts , they say , with consent of our soveraigne lord. ans . they say not , at the commandement , and absolute pleasure of our soveraigne lord. . he is their lord materially , not as they are formally a parliament , for the king made them not a parliament , but sure i am , the parliament had power before he was king , and made him king , sam. . , . obj. . in an absolute monarchy there is not a resignation of men to any will as will , but to the reasonable will of the monarch , which having the law of reason to direct it , is kept from injurious acts . ans . if reason be a sufficient restraint , and if god hath laid no other restraint upon some lawfull king , yee reason , then is migistracy a lame , a needlesse ordinance of god , for all mankind hath reason to keepe themselves from injuries , and so there is no need of iudges or kings to defend them from either doing or suffering injuries . but certainly this must be admirable . if god as author of nature should make the lyon king of all beasts , the lyon remaining a devouring beast , and should ordaine by nature all the sheepe and lambs to come and submit their corps to him , by instinct of nature , and to be eaten at his will , and then say , the nature of a beast in a lyon is a sufficient restraint to keepe the lyon from devouring lambs . certainly a king being a sinfull man , and having no restraint on his power , but reason , he may thinke it reason to allow rebells to kill , drowne , hang , torture to death an hundred thousand protestants , men , women , infants in the wombe , and sucking babes , as is clere in pharaoh , manasseh and other princes . obj. . there is no court or iudge above the king. ergo he is absolutely supreame . ans . the antecedent is false . the court that made the king of a private man , a king , is above him ; and here are limitations laid on him at his coronation . . the states of parliament are above him , to censure him . . in case of open tyranny , though the states had not time to conveen in parliament , if he bring on his people an hoast of spaniards or forraine rèbells , his owne conscience is above him , and the conscience of the people farre more , called conscientia terrae , may judge him in so farre , as they may rise up and defend themselves . obj. . here the prelate borrowing from grotius , barclay , arnisaeus ; ( or it s possible he be not so farre travelled ) for doct. ferne hath the same . soveraignty weakned in aristocracy cannot do● its worke , and is in the next place to anarchy and confusion . when zedekiah was over lorded by his nobles , he could neither save himselfe , nor the people , nor the prophet the servant of god ieremiah ; nor could david punish ioab , when he was over-awed by that power he himselfe had put in his hand . to weaken the head , is to distemper the whole body , if any good prince or his royall antecessors be cheated of their sacred right by fraud or force , he may at his fittest opportunity , resume it . what a sinne is it to rob god , or the king of their due ? ans . aristocracy is no lesse an ordinance of god , then royalty , for rom. . . and tim. . . all in authority are to be acknowledged as gods vice-gerents , the senate , the consuls as well as the emperour : and so one ordinance of god cannot weaken another , nor can any but by a lawlesse animall say , aristocracy bordereth with confusion ; but he must say , order and light are sister germanes to confusion and darknesse . ▪ though zedekiah , a man voyd of god , were over-awed with his nobles , and so could not help ieremiah ; it followeth not , that because kings may not do this and this good , therefore they are to be invested with power to doe all ill : if they doe all the good that they have power to doe , they 'l finde way to helpe the oppressed jeremiahes : and because power to doe both good and evill is given by the divell to our scottish witches , it s a poore consequent , that the states should give to the king power absolute to be a tyrant . . a state must give a king more power then ordinary , especially to execute laws , which requireth singular wisdom , when a prince cannot alwayes have his great councell about with him to advise him . but , . that is power borrowed , and by loan , and not properly his own ; and therefore , it is no sacriledge in the states , to resume what the king hath by a fiduciary title , and borrowed from them . . this power was given to do good , not evill . david had power over joab , to punish him for his murther , but he executed it not upon carnall fears , and abused his power to kill innocent vriah , which power neither god nor the states gave him . but how proveth he the states took power from david , or that ioab took power from david , to put to death a murtherer , that i see not . . if princes power to do good , be taken from them , they may resume it , when god giveth opportunity ; but this is to the prelate perjury , that the people by oath give away their power to their king , and resume it when he abuseth it to tyranny : but it is no perjurie in the king to resume a taken away power , which if it be his own , is yet lis sub judice , a great controversie , quod in cajo licet , in nevio non licet . so he teacheth the king , that perjurie and sacriledge is lawfull to him . if princes power to do ill , and cut the whole land off , as one neck ( which was the wicked desire of caligula ) be taken from them by the states . i am sure , . this power was never theirs , and never the peoples , and you cannot take the princes power from him , which was never his power . . i am also sure , the prince should never resume an unjust power , though he were cheated of it . p. prelate . it is a poor shift to acknowledge no more for the royall prerogative , then the municipall law hath determined , as some smatterers in the law say . they cannot distinguish betwixt a statute declarative , and a statute constitutive : but the statutes of a kingdom do declare onely , what is the prerogative royall , but do not constitute or make it , god almightie ●●th by himself constituted it : it is laughter to say , the decalogue was not a law , till god wrote it . answ . here a profound lawyer calleth all smatters in the law , who cannot say , that non ens , a prerogative royall , that is , a power contrary to god and mans law , to kill and destroy the innocent , came not immediately down from heaven : but i professe my self no lawyer , but do maintain against the prelate , that no municipall law can constitute a power to do ill ; nor can any law , either justly constitute , or declare such a fancie as a prerogative royall ; so far is it from being like the decalogue , that is , a law before it be written , that this prerogative is neither law , before it be written , nor after court placebo's have written for it : for it must be eternall as the decalogue , if it have any blood from so noble a house . . in what scripture hath god almightie spoken of a fancied prerogative royall ? p. prelate . prerogative resteth not in its naturall seat , but in the king. god saith , reddite , not , date , render to kings that which is kings , not give to kings ; it shall never be well with us , if his annointed , and his church be wronged . answ . the prelate may remember a countrey proverb . he and his prelates , called the church , ( the scum of men , not the church ) are like the tinkers dogs , they like good company , they must be ranked with the king. and . here a false prophet , it shall never be well with the land , while arbitrary power , and popery be erected , saith he , in good sense . p. prelate . the king hath his right from god , and cannot make it away to the people . render to caesar , the things that are caesars . kings persons , their charge , their right , their authority , their prerogative are by scriptures , fathers , iurists , sacred , inseparable ordinances inherent in their crowns , they cannot be made away ; and when they are given to inferiour judges , it is not ad minuendam majestatem , sed solicitudinem , to lessen soveraign majesty , but to case them . answ . the king hath his right from god : what then , not from the people ? i read in scripture , the people made the king ; never : that the king made the people . . all these are inseparably in the crown , but he stealeth in prerogative royall in the clause which is now in question ? render to caesar all caesars : and therefore saith he , render to him a prerogative , that is an absolute power to pardon and sell the blood of thousands . is power of blood , either the kings ; or inherent inseparably in his crown ? alas , i fear prelates have made blood an inseparable accident of his throne . . when kings by that publike power given to them , at their coronation , maketh inferiour iudges , they give them power to judge for the lord , not for men , deut. . . chron. . . now they cannot both make away a power , and keep it also ; for the inferiour iudges conscience hangeth not at the kings girdle , he hath no lesse power to judge in his sphere , then the king hath in his sphere , though the orb and circle of motion be larger in compasse in the one , then in the other ; and if the king cannot give himself royall power , but god and the people must do it , how can he communicate any part of that power to inferiour judges , except by trust ? yea , he hath not that power that other men have in many respects . . he may not marry whom he pleaseth , for he might give his body to a leper woman , and so hurt the kingdom . . he may not do , as solomon and achab , marry the daughter of a strange god , to make her the mother of the heir of the crown . he must in this follow his great senate . . he may not expose his person to hazard of warres . . he may not go over sea , and leave his watch-tower , without consent . . many acts of parliament of both kingdoms , discharge papists to come within ten miles of the king. . some pernicious counsellours have been discharged his company , by laws . . he may not eat what meats he pleaseth . . he may not make wasters his treasurers . . nor delapidate the rents of the crown . . he may not dis-inherit his eldest son of the crown , at his own pleasure . . he is sworn to follow no false gods , and false religions , nor is it in his power to go to masse . . if a priest say masse to the king , by the law , he is hanged drawn and quartered . . he may not write letters to the pope , by law. . he may not by law pardon seducing priests and iesuites . . he may not take physick for his health , but from physitians sworn to be true to him . . he may not educate his heir , as he pleaseth . . he hath not power of his children , nor hath he that power that other fathers have , to marry his eldest son , as he pleaseth . . he may not befriend a traytor . . it is high treason for any woman to give her body to the king , except she be his married wife . . he ought not to build sumptuous houses , without advice of his councell . . he may not dwell constantly where he pleaseth . . nor may he go to the countrey to hunt ; farlesse , to kill his subjects , and desert the parliament . . he may not confer honours and high places without his councell . . he may not deprive iudges at his will. . nor is it in his power to be buried where he pleaseth , but amongst the kings . now in most of these twenty four points , private persons have their own liberty , far lesse restricted then the king. quest . xxiv . what power hath the king in relation to the law , and the people ? and how a king and a tyrant differ ? mr. symmons saith , that authoritie is rooted rather in the prince , then in the law ; for as the king giveth being to the inferiour iudge , so he doth to the law it self , making ▪ it authorizable ; for propter quod unum-quodque tale , id ipsum magis tale , and therefore the king is greater then the law : others say , that the king is the fountain of the law , and the sole and onely law-giver . assert . . the law hath a twofold consideration , . secundum esse paenale , in relation to the punishment to be inflicted by man ▪ . secundum esse legis , as it is a thing legally good in it self : in the former notion , it is this way true , humane laws take life and being , inway to be punished , or rewarded by men , from the will of princes and law-givers , and so symmons saith true , because men cannot punish or reward laws , but where they are made ; and the will of rulers putteth a sort of stamp on a law , that it bringeth the common-wealth under guiltinesse , if they break this law. but this maketh not the king greater then the law ; for therefore do rulers put the stamp of relation to punishment on the law , because there is intrinsecall worth in the law , prior to the act of the will of law-givers , for which it meriteth to be inacted ; and therefore , because it is authorizable as good and just , the king puteth on it this stamp of a politique law. god formeth being , and morall aptitude to the end in all laws , to wit , the safetie of the people ; and the kings will is neither the measure , nor the cause of the goodnesse of things . . if the king be he who maketh the law good and just , because he is more such himself , then as the law cannot crook , and erre , nor sin ; neither can the king sin , nor break a law. this is blasphemy , every man is a lyer ; a law which deserveth the name of a law , cannot lie . . his ground is , that there is such majesty in kings , that their will must be done either in us , or on us : a great untruth . achabs will must neither be done of elias , for he commandeth things unjust ; nor yet on elias , for elias fled , and lawfully we may slie tyrants : and so achabs will in killing elias was not done on him , assert . . nor can it be made good , that the king only hath power of making lawes ; because his power were then absolute , to inflict penalties on subjects , without any consent of theirs ; and that were a dominion of masters , who command what they please , and under what paine they please . and the people consenting to be ruled by such a man , they tacitely consent to penaltie of laws , because naturall reason saith , an ill-doer should be punished . florianus in l. inde . vasquez , l. . c. . n. . therefore they must have some power in making these lawes . . jer. . it is cleare , the princes judge with the people : a nomothetick power differeth gradually only from a judiciall power , both being collarerall meanes to the end of government , the peoples safetie . but parliaments judge , ergo , they have a nomothetick power with the king. . the parliament giveth all supremacie to the king ; ergo , to prevent tyrannie , it must keep a coordinate power with the king , in the highest acts . . if the kingly line be interrupted , if the king be a childe , or a captive , they make lawes , who make kings ; ergo , this nomothetick power recurreth into the states , as to the first subject . obj. the king is the fountaine of the law , and subjects cannot make lawes to themselves , more then they can punish themselves . he is only the supreme . answ . the people being the fountaine of the king , must rather be the fountaine of lawes . . it is false , that no man maketh lawes to himselfe . those who teach others , teach themselves also , tim. . . cor. . . though teaching be an act of authoritie . but they agree to the penaltie of the law secondarily only ; and so doth the king , who , as a father , doth not will evill of punishment to his children , but by a consequent will. . the king is the only supreme , in the power ministeriall of executing lawes : but this is a derived power , so as no one man is above him ; but in the fountaine-power of royaltie , the states are above him . . the civil law is cleare , that the laws of the emperor have force only from this fountaine , because the people have transferred their power to the king. lib. . digest . tit . . de constit . princip . leg . . sic vlpian . quod principi placuit , ( loquitur de principe formaliter , qua princeps est , non qua est homo ) legis habet vigorem , utpote cum lege regia , quae de imperio ejus lata est . populus ●i , & in eum , omne suum imperium & potestatem conferat . yea , the emperour himselfe may be conveened before the prince elector . aurea bulla carol. . imper . c. . the king of france may be conveened before the senate of paris . the states may resist a tyrant , as bossius saith , de principe , & privileg . ejus , n. . paris de puteo , in tract . syno . tit . de excess . reg. c. . divines acknowledge that elias rebuked the halting of israel betwixt god and baal , that their princes permitted baals priests to converse with the king. and is not this the sinne of the land , that they suffer their king to worship idols ? and therefore the land is punished for the sinnes of manasseh , as knox observeth in his dispute with lethington , where he proveth that the states of scotland should not permit the queen of scotland to have her abominable masse : hist . of scotland , l. . p. . edit . an . . surely the power or sea-prerogative of a sleepie or mad pilot to split the ship on a rock , as i conceive , is limited by the passengers . suppose a father , in a distemper , would set his own house on fire , and burne himselfe , and his ten sonnes ; i conceive , his fatherly prerogative , which neither god nor nature gave , should not be looked to in this ; but they may binde him . yea , althusius , polit . c. . n. . answering that , that in democracie the people cannot both command and obey ; saith , it is true , secundum idem , ad idem , & eodem tempore : but the people may ( saith he ) choose magistrates by succession . yea , i say , . they may change rulers yearely , to remove envie : a yearely king were more dangerous , the king being almost above envie ; men incline more to flatter then to envie kings . . aristotle saith , polit . l. . c. . l. . c. . the people may give their judgement of the wisest . obj. williams b. of ossorie , vindic. reg. [ a looking-glasse for rebels ] saith , p. . to say the king is better than any one , doth not prove him to be better then two : and if his supremacie be no more , then any other may challenge as much : for the prince is singulis major : a lord is above all knights ; a knight above all esquires : and so the people have placed a king under them , not above them . ans . the reason is not alike : for all the knights united cannot make one lord ; and all the esquires united , cannot make one knight ; but all the people united , made david king at hebron . . the king is above the people , by eminencie of derived authoritie , as a watchman ; and in actuall supremacie ; and he is inferior to them in fountaine-power , as the effect to the cause . object . . the parliament ( saith williams ) may not command the king : why then make they supplications to him , if their vote be a law ? ans . they supplicate , ex decentia , of decencie and conveniencie for his place ; as a citie doth supplicate a lord major : but they supplicate not ex debito , of obligation , as beggars seeke almes : then should they be cyphers . . when a subject oppressed , supplicateth his soveraigne for justice ; the king is obliged by office to give justice : and to heare the oppressed , is not an act of grace and mercie , as to give almes , though it should proceed from mercie in the prince , psal . . . but an act of royall debt . . the p. prelate objecteth : the most you claime to parliaments , is a coordinate power , which in law and reason run in equall tearmes , in law , par in parem non habet imperium ; an equall cannot judge an equall , much lesse may an inferiour usurpeto judge a superiour . our lord knew , gratiâ visionis , the woman taken in adulterie , to be guilty ; bat he would not scntence her : to teach us , not improbably , not to be both judge and witnesse . the parliament are judges , accusers , and witnesses against the king in their owne cause , against the imperiall lawes . ans . . the parliament is coordinate ordinarily with the king , in the power of making lawes : but the coordination on the kings part , is by derivation ; on the parliaments part , originaliter & fontaliter , as in the fountaine . . in ordinarie there is coordination : but if the king turne tyrant , the estates are to use their fountaine-power . and that of the law , par in parem , &c. is no better from his pen , that stealeth all he hath , then from barclaius , grotius , arnisaeus , blackwood , &c. it is cold and sowre . we hold the parliament that made the king at hebron , to be above their own creature the king. barclaius saith more acurately , l. , cont . monarch . p. . it is absurd , that the people should both be subject to the king , and command the king also . ans . it is not absurd , that a father naturall , as a private man , should be subject to his sonne ; even that jesse , and his elder brother , the lord of all the rest , be subject to david their king. royalists say , our late queen , being supreme magistrate , might by law have put to death her own husband , for adulterie or murther . . the parliament should not be both accuser , iudge , and witnesse in their own cause . . it is the cause of religion , of god , of protestants , and of the whole people . . the oppressed accuse : there is no need of witnesses in raising armes against the subjects . . the p. prelate could not object this , if against the imperiall laws the king were both partie and iudge in his own cause , and in these acts of arbitrarie power , which he hath done , through bad counsell , in wronging fundamentall lawes , raising armes against his subjects , bringing in forraigne enemies into both his kingdomes , &c. now this is properly the cause of the king , as he is a man ; and his owne cause , not the cause of god , and by no law of nature , reason , or imperiall statutes can he be both iudge and party . . if the king be sole supreame iudge without any fellow sharers in power , . he is not obliged by law to follow counsell , or hold parliaments ; for counsell is not command . . it is unpossible to limit him even in the exercises of his power , which yet dr. ferne saith cannot be said : for if any of his power be retrinched , god is robbed , saith maxwell . . he may by law play the tyrant , gratis . ferne objecteth . § . . pag. . the king is a fundamentall with the estates , now foundations are not to be stirred or removed . ans . the king as king inspired with law is a fundamentall , and his power is not to be stirred , but as a man wasting his people , he is a destruction to the house , and community , and not a fundamentall in that notion . some object , the three estates as men , and looking to their owne ends , not to law , and the publick good , are not fundamentalls , and are to be judged by the king. ans . by the people , and the conscience of the people they are to be judged . obj. but the people also doe judge as corrupt men , and not as the people , and a politique body , providing for their owne safety . ans . i grant all , when god will bring a vengeance on jerusalem , prince and people both are hardened to their owne destruction . now god hath made all the three , in every government where there is democracy , there is some chosen ones resembling an aristocracy , and some one for order presiding in democraticall courts , resembling a king. in aristocracy as in holland , there is somewhat of democracy , the people have their commissioners , and one duke or generall , as the● prince of orange is some ●mbrage of royalty , and in monarchy there are the three estates of parliament , and these containe the three estates , and so somewhat of the three formes of government , and there is no one government just that hath not some of all three ; powre and absolute monarchy is tyranny , unmixed democracy , is confusion , untempered aristocracy is factious dominion , and a limited monarchy hath from democracy respect to publick good without confusion . from aristocracy safety in multitude of counsells without factious emulation , and so a barre laid on tyranny , by the joynt powers of many ; and from soveraignty union of many children in one father : and all the three thus contempered have their owne sweet fruits through gods blessing , and their owne diseases by accident , and through mens corruption ; and neither reason nor scripture shall warrant any one in its rigid purity without mixture : and god having chosen the best government to bring men fallen in sinne to happinesse , must warrant in any one a mixture of all three , as in mixt bodies the foure elements are reduced to a fit temper resulting of all the foure , where the acrimony of all the foure first qualities is broken , and the good of all combined in one . the king as the king is an unerring and living law , and by grant of barclay , of old was one of excellent parts , and noble through vertue and goodnesse ; and the goodnesse of a father as a father , of a tutor as a tutor , of a head as a head , of a husband as a husband doe agree to the king as the king , so as king he is the law it selfe , commanding , governing , saving . . his will as king , or his royall will is reason , conscience , law. . this will is politickly present ( when his person is absent ) in all parliaments , courts , and inferiour iudicatures . . the king as king cannot doe wrong or violence to any . . amongst the romanes the name king and tyrant were common to one thing . . because de facto , some of their kings were tyrants , in respect of their dominion , rather then kings . . because he who was a tyrant de facto , should have been , and was a king too de jure . . it is not lawfull to either disobey or resist a king as a king , no more then it is lawfull to disobey a good law. . what violence , what unjustice , and excesse of passion the king mixeth in , with his acts of government , are meerely accidentall to a king as king ! for because men by their owne innate goodnesse ▪ will not , yea morally cannot doe that which is lawfull , and just one to another , and doe naturally , since the fall of man , violence one to another ; therefore , if there had not been sin , there should not have been need of a king , more then there should have beene need of a tutor to defend the child , whose father is not dead , or of a physitian to cure sicknesse where there is health ; for remove sinne , and there is neither death nor sicknesse , but because sinne is entered into the world , god devised , as a remedy of violence and unjustice , a living , rationall breathing law called a king , a iudge , a father : now the aberrations , violence , and oppression of this thing which is the living , rationall , breathing law is no medium , no meane intended by god , and nature to remove violence . how shall violence remove violence ? therefore an unjust king , as unjust , is not that genuine ordinance of god , appointed to remove unjustice , but accidentall to a king. so we may resist the unjustice of the king , and not resist the king. , if then any cast off the nature of a king , and become habitually a tyrant , in so farre he is not from god , nor any ordinance which god doth owne : if the office of a tyrant ( to speake so ) be contrary to a kings offices , it is not from god , and so neither is the power from god. . yea lawes ( which are no lesse from god , then the kings are ) when they begin to be hurtfull , cessant materialiter , they leave off to be lawes ; because they oblige non secundum vim verborum , sed in vim sensus , not according to the force of words , but according to sense , ● . non figura literarum f. de actione & obligatione , l. ita stipulatus . but who ( saith the royalists ) shall be judge betwixt the king and the people , when the people alledge that the king is a tyrant . ans . there is a court of necessity , no lesse then a court of justice ; and . the fundamentall lawes must then speake , and it is with the people in this extremity , as if they had no ruler . obj. . but if the law be doubtsome , as all humane , all civill , all municipall lawes may endure great dispute , the peremptory person exponing , the law must be the supreame iudge . this cannot be the people , ergo , it must be the king. ans . . as the scriptures in all fundamentalls are cleare , and expone themselves , and actu primo condemne hercsies , so all lawes of men in their fundamentals , which are the law of nature , and of nations are cleare . and . tyranny is more visible and intelligible then heresie , and it s soone decerned . if a king bring in upon his native subjects twenty thousand turks armed , and the king lead them . it is evident , they come not to make a friendly visite to salute the kingdom , and depart in peace : the people have a naturall throne of policie in their conscience to give warning , and materially sentence against the king , as a tyrant , and so by nature are to defend themselves : where tyranny is more obscure , and the thred small , that it escape the eye of men , the king keepeth possession ; but i deny that tyranny can be obscure long . object . . doct. ferne. a king may not , or cannot easily alter the frame of fundamentall laws , he may make some actuall invasion , in some transient , and not fixed acts ; and it is safer to bear these , then to raise a civill warre of the body , against the head. answ . . if the king as king , may alter any one wholesome law , by that same reason he may alter all . . you give short wings to an arbitrary prince , if he cannot over flie all laws to the subversion of the fundamentalls of a state , if you make him as you do . . one who hath the sole legislative power , who allanerly by himself , maketh laws , and his parliament and councell are onely to give him advice , which by law he may as easily reject , as they can speak words to him . he may in one transient act ( and it is but one ) cancell all laws made against idlolatry and popery , and command , through bad counsell , in all his dominions ; the pope to be acknowledged as christs vicar , and all his doctrine to be established as the catholike true religion . it is but one transient act to seal a pardon to the shedding of the blood of two hundred thousand , killed by papists . . you make him a king , who may not be resisted in any case ; and though he subvert all fundamentall laws , he is countable to god onely , his people have no remedy , but prayers , or flight . object . . ferne ▪ limitations and mixtures in monarchies do not imply a forceable restraining power in subjects , for the preventing of the dissolution of the state , but onely a legall restraining power ; and if such a restraining power be in the subjects , by reservation , then it must be expressed in the constitution of the government , and in the covenant betwixt the monarch and his people : but such a condition ●● unlawfull , which will not have the soveraign power secured , is unprofitable for king , and people ; a seminary for seditions and jealousies . answ . i understand not a difference betwixt forceable restraining and legall restraining : for he must mean by ( legall ) mans law , because he saith , it is a law in the covenant betwixt the monarch , and his people . now if this be not forceable , and physicall , it is onely morall in the conscience of the king , and a cypher , and a meer vanitie , for god , not the people putteth a restraint of conscience on the king , that he may not oppresse his poor subjects ; but he shall sin against god , that is a poor restraint : the goodnesse of the king a sinfull man inclined from the womb to all sin , and so to tyranny , is no restraint . . there 's no necessitie , that the reserve be expressed in the covenant between king , and people , more then in contract of marriage between a husband and a wife , beside her joynter ; you should set down this clause in the contract , that if the husband attempt to kill the wife , or the wife the husband , in that case it shall be lawfull to either of them to part companies : for doct. ferne saith , that personall defence is lawfull in the people , if the kings assault be . suddain . . without colour of law. . inevitable : yet the reserve of this power of defence , is not necessarily to be expressed in the contract , betwixt king and people . exigences of the law of nature cannot be set down in positive covenants , they are presupposed . . he saith , a reservation of power , whereby soveraigntie is not secured , is unlawfull . lend me this argument : the giving away of a power of defence , and a making the king absolute , is unlawfull , because by it the people is not secured ; but one man hath thereby the sword of god put in his hand , whereby ex officio , he may as king cut the throats of thousands , and be countable to none therefore , but to god onely : now if the non-securing of the king , make a condition unlawfull , the non-securing of a kingdom and church , yea , of the true religion ( which are infinitely in worth above one single man ) may far more make the condition unlawfull . . a legall restraint on a king , is no more unprofitable , and a seminary of jealousies between king and people , then a legall restraint upon people ; for the king out of a non-restraint , as out of seed , may more easily educe tyranny , and subversion of religion : if outlandish women tempt even a solomon to idolatry , as people may educe sedition out of a legall restraint laid upon a king , to say nothing , that tyranny is a more dangerous sin , then sedition ; by how much more the lives of many , and true religion , are to be preferred to the safetie of one , and a false peace . object . . an absolute monarch i● free from all forceable restraint , and so far , as he is absolute from all legall restraint of positive laws : now in a limited monarch there is onely sought a legall restraint , and limitation cannot infer a forceable restraint , for an absolute monarch is limited also , not by civill compact , but by the law of nature and nations , which he cannot justly transgresse ; if therefore an absolute monarch being exorbitant , may not be resisted , because he transgresseth the law of nature ; how shall we think a limited monarch may be resisted , for transgressing the bounds set by civill agreement . answ . a legall restraint on the people , is a forceable restraint : for if law be not backed with force , it is onely a law of rewarding weldoing , which is no restraint , but an incouragement to do evil . if then there be a legall restraint upon the king , without any force , it is no restraint , but onely such a request as this , be a just prince , and we will give your majestie two subsidies in one yeer . . i utterly deny , that god ever ordained such an irrationall creature , as an absolute monarch . if a people unjustly , and against natures dictates make away , irrevocably , their own libertie , and the libertie of their posteritie , which is not their's to dispose off , and set over themselves , as base slaves , a sinning creature with absolute power , he is their king , but not as he is absolute , and that he may not be forceably resisted ; notwithstanding , the subjects did swear to his absolute power ( which oath in the point of absolutenesse , is unlawfull , and so not obligatory ) i utterly deny . . an absolute monarch ( saith he ) is limited , but by law of nature : that is , master doctor , he is not limited as a monarch , not as an absolute monarch , but as a son of adam , he is under the limites of the law of nature , which he should have been under , though he had never been a king , all his dayes , but a slave . but what then ? therefore he cannot be resisted . yes , doctor , by your own grant he can be resisted : if he invade an innocent subject ( say you ) . suddenly . . without colour of law. . inevitably : and that because he transgresseth the law of nature . . you say , a limited monarch can lesse be resisted for transgressing the bounds set by civill agreement . but , . what if the thus limited monarch transgresse the law of nature , and subvert fundamentall lawes , he is then , you seem to say , to be resisted ; it is not for simple transgression of a civill agreement , that he is to be resisted . . the limited monarch is as essentially the lords anointed , and the power ordained of god , as the absolute monarch . now resistance by all your grounds , is unlawfull , because of gods power and place conferred upon him , not because of mens positive covenant made with him . to finde out the essentiall difference betwixt a king and a tyrant : we are to observe , that it is one thing to sin against a man , another thing against a state. david killing vriah , committed an act of murther : but on this supposition , that david is not punished for that murther , he did not so sin against the state , and catholike good of the state , that he turneth tyrant , and ceaseth to be a lawfull king. a tyrant is he who habitually sinneth against the catholike good of the subjects and state , and subverteth law. such a one should not be , as jason , of whom it is said by aeneas silvius , graviter ferebat , si non regnaret , quasi nesciret esse privatus . when such as are monstrous tyrants , are not taken away by the estates , god pursueth them in wrath . domitian was killed by his own family , his wife knowing of it . aurelianus was killed with a thunder-bolt . darius was drowned in a river . dioclesian fearing death , poysoned himself . salerius died eaten with worms : the end of herod , and antiochus . maxentius was swallowed up in a standing river . iulian died , being stricken through with a dart thrown at him by a man , or an angel , it is not known . valens the arian was burnt with fire in a little village by the gothes . anastasius the eutychian emperour , was stricken by god with thunder . gundericus vandalus , when he rose against the church of god , being apprehended by the divell , died . some time the state have taken order with tyrants . the empire was taken from vitellius , heliogabalus , maximinus , didius , iulianus : so was the two childerici of france served : so were also sigebertus , dagabertus , and lodowick the . of france . christiernus of denmark , mary of scotland , who killed her husband , and raised forces against the kingdom : so was henricus valesius of pol , for fleeing the kingdom . sigismundus of pol , for violating his faith to the states . quest . xxv . what force the supreme law hath over the king ▪ even that law of the peoples safetie , called , salus populi . the law of the . tables , is , salus populi , suprema lex . the safetie of the people is the supreme and cardinall law , to which all lawes are to stoope . and that from these reasons : . originally : because , if the people be the first author , fountaine , and efficient , under god , of law and king , then their own safetie must be principally sought , and their safetie must be farre above the king , as the safetie of a cause , especially of an universall cause , such as is the people , must be more then the safetie of one , as aristotle saith , l. . polit . alias l. . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . the part cannot be more excellent then the whole : nor the effect above the cause . . finaliter . this supreme law must stand ; for if all law , policie , magistrates and power be referred to the peoples good , as the end , rom. . . and to their quiet and peaceable life in godlinesse and honestie : then must this law stand , as of more worth then the king , as the end is of more worth then the meanes leading to the end ; for the end is the measure and rule of the goodnesse of the meane ▪ and , finis ultimus in influxu est potentissimus . the king is good , because he conduceth much for the safetie of the people ; ergo , the safetie of the people must be better . . by way of limitation : because no law , in its letter , hath force , where the safetie of the subject is in hazard : and if law , or king be destructive to the people , they are to be abolished . this is cleare in a tyrant , or a wicked man. . in the desires of the most holy : moses , a prince , desired for the safetie of gods people ; and rather then god should destroy his people , that his name should be razed out of the booke of life . and david saith , chron. . . let thine hand , i pray thee , o lord my god , be on me , und on my fathers house ; but not on thy people , that they should be plagued . this being a holy desire of these two publick spirits , the object must be in it selfe true ; and the safetie of god● people , and their happinesse , must be of more worth then the salvation of moses , and the life of david , and his fathers house . the prelate borroweth an answer to this , ( for he hath none of his own ) from d. ferne. the safetie of the subjects is the prime end of the constitution of government : but it is not the sole and adequate end of government in monarchie ; for that is the safetie of both king and people . and it beseemeth the king to proportion his lawes for their good ; and it becommeth the people to proportion all their obedience , actions and endeavours , for the safetie , honour , and happinesse of the king. it 's impossible the people can have safetie , when soveraigntie is weakened . ans . the prelate would have the other halfe of the end , why a king is set over a people , to be the safetie and happinesse of the king , as well as the safetie of the people . this is new logick indeed , that one and the same thing should be the meane , and the end . the question is , for what end is a king made so happy , as to be exalted king ? the prelate answereth ; he is made happy , that he may be happy ; and made a king , that he may be made a king. now is the king , as king , to intend this halfe end ? that is , whether or no accepteth he the burden of setting his head and shoulders under the crowne , for this end , that he may not only make the people happy , but also that he may make himselfe rich and honorable above his brethren , and enrich himselfe ? i beleeve not : but that he feed the people of god. for if he intend himselfe , and his own honour , it is the intention of the man who is king , and intentio operantis ; but it is not the intention of the king , as the king , or intentio operis . the king , as a king , is formally and essentially the minister of god for our good , rom. . . tim. . . and cannot come under any notion as a king , but as a mean , not as an end , nor as that which he is , to seeke himselfe . i conceive , god did forbid this , in the moulding of the first king , deut. . , , . he is a minister by office , and one who receiveth honour and wages for this worke , that exofficio , he may feed his people . but the prelate saith , the people are to intend his riches and honour . i cannot say but the people may intend to honour the king : but that is not the question , whether the people be to referre the king and his government as a meane to honour the king ? i conceive not . but that end which the people in obeying the king in being ruled by him , may intend , is , tim. . . that under him they may lead a quiet and a peaceable life , in all godlinesse and honestie . and gods end in giving a king , is the good and safetie of his people . p. prelate . to reason from the one part and end of monarchicall government , the safetie of the subjects ; to the destruction and weakning of the other part of the end of the power of soveraigntîe , and the royall prerogative : is a caption à divisis . if the king be not happy , and invested with the full power of a head , the body cannot be well . by anti-monarchists ; the people at the beginning were necessitated to commit themselves , lives and fortunes to the government of a king , because of themselves they had not wisedome and power enough to doe it : and therefore they enabled him with honour and power , without which he could not doe this , being assured that he could not choose but most earnestly and carefully endeavour this end , to wit , his own , and the peoples happines . ergo , the safetie of the people issueth from the safetie of the king , as the life of the naturall body from the soule . weake government is neare to anarchie . puritans will not say , quovis modo esse , etiam poenale , is better then non esse : the scripture saith the contrary ; it were better for some never to have been borne , then to be . tyranny is better then no government . ans . . he knowes not sophismes of logick , who calleth this argument , à divisis : for the kings honour is not the end of the kings government : he should seeke the safetie of state and church , not himself ; himselfe is a private end , and a step to tyranny . . the prelate lyeth , when he maketh us to reason from the safetie of the subject to the destruction of the king. ferne , barclay , grotius , taught the hungry scholler to reason so . where read he this ? the people must be saved ; that is the supreme law : ergo , destroy the king. the devill and the prelate both , shall not fasten this on us . but thus we reason : when the man who is the king , endeavoreth not the end of his royall place , but , through bad counsell , the subversion of lawes , religion , and bondage of the kingdome ; the free estates are to joyne with him for that end of safetie , according as god hath made them heads of tribes , and princes of the people : and if the king refuse to joyne with them , and will not doe his dutie ; i see not how they are in conscience liberated , before god , from doing their part . . if the p. prelate call resisting the king by lawfull defensive wars , the destruction of the head ; he speaketh with the mouth of one excommunicated , and delivered up to sathan . . we endeavour nothing more then the safetie and happinesse of the king , as king : but his happinesse is not to suffer him to destroy his subjects , subvert religion , arme papists , who have slaughtered above two hundred thousand innocent protestants , only for the profession of that true religion which the king hath sworne to maintaine . not to rise in armes to helpe the king against these , were to gratifie him as a man , but to be accessarie to his soules destruction , as a king. . that the royall prerogative is the end of a monarchie ordained by god ; neither scripture , law , nor reason can admit . . the people are to intend the safetie of other iudges , as well as the kings . if parliaments be destroyed , whose it is to make lawes and kings ; the people can neither besafe , free to serve christ , nor happy . . it is a lie , that people were necessitated , at the beginning , to commit themselves to a king : for we read of no king , while nimrod arose : fathers of families ( who were not kings ) and others , did governe till then . . it was not want of wisedome , ( for in many , and in the people , there must be more wisdome then in one man : ) but rather corruption of nature , and reciprocation of injuries , that created kings , and other iudges . . the king shall better compasse his end , to wit , the safetie of the people , with limited power , ( placent mediocria ) and with other iudges added to helpe him , num. . , . deut. . , , , . then to put in one mans hand absolute power : for a sinfull mans head cannot beare so much new wine , such as exorbitant power is . . he is a base flatterer , who saith , the king cannot choose but earnestly and carefully endeavour his own , and the peoples happinesse : that is , the king is an angel , and cannot sinne , and decline from the duties of a king. of the many kings of judah and israel , how many chose this ? all the good kings that have been , may be written in a gold ring . . the peoples safetie dependeth indeed on the king , as a king and a happy governour ; but the people shall never be fattened to eat the winde of an imaginarie prerogative royall . . weake government , that is , a king with a limited power , who hath more power about his head , nor within his head ; is a strong king , and farre from anarchy . . i know not what he meaneth , but arminius , his masters way and words are here , for arminians say , that being in the damned eternally tormented is no benefit , it were better they never had being , then to be eternally tormented ; and this they say to the defiance of the doctrine of eternall reprobation , in which we teach , that though by accident , and because of the damned their abuse of being and life , it were to them better not to be ; as is said of iudas , yet simpliciter comparing being with non-being , and considering the eternity of miserable being in relation to the absolute liberty of the former of all things , who maketh use of the sinfull being of clay-vessells for the illustration of the glory of his iustice and power , rom. . , . pet. . . iude v. . it is a censuring of god , and his unsearchable wisedome , and a condemning of the almighty of cruelty ( god avert blasphemy of the unspotted and holy majesty ) who by arminian grounds , keepeth the damned in life , and being to be fuell eternally for tophet , to declare the glory of his iustice . but the prelate behoved to goe out of his way to salute and gratifie , a proclaimed enemy of free grace arminius , and hence he would inferre , that the king wanting his prerogative royall , and fulnesse of absolute power to doe wickedly , is in a penall and miserable condition , and that it were better for the king to be a tyrant , with absolute liberty to destroy , and save alive at his pleasure , as is said of a tyrant , dan. . v. . then to be no king at all . and here consider a principle of royalists court faith . . the king is no king , but a lame and miserable iudge , if he have not irresistable power to wast and destroy . . the king cannot be happy , nor the people safe ; nor can the king doe good in saving the needy , except he have the uncontrollable and unlimited power of a tyrant , to crush the poore and needy , and lay wast the mountaine of the lords inheritance : such court-ravens , who feede upon the soules of living kings , are more cruell then ravens and vultures , who are but dead carcasses . williams b. of ossarie answereth to the maxime , salus populi , &c. no wise king but will carefully provide for the peoples safety , because his safety and honour is included in theirs , his destruction in theirs . and it is , saith lipsius , egri animi proprium nihil diu pati . absolom perswaded there was no justice in the land , when he intendeth rebellion . and the poore prelate following him , spendeth pages to prove that goods , life , chastity and fame dependeth on the safety of the king , as the breath of our nostrills , our nurse-father , our head , corner-stone , and judge , c. . . . . the reason why all disorder was in church and state , was not because there was no iudge , no government ; none can be so stupid as to imagine that . but because . they wanted the excellentest of governments . . because aristocracy was weakened so , as there was no right . no doubt priests there were , but hos . . either they would not serve , or were over-awed , no doubt in those daies they had iudges , but priests and iudges were stoned by a rascally multitude , and they were not able to rule ; therefore it is most consonant to scripture to say , salus regis suprema populi salus . the safety of the king and his prerogative royall is the safest sanctuary for the people . so hos . . . lament . . . ans . . the question is not of the wisedome , but of the power of the king , if it should be bounded by no law. . the flatterer may know , there be more foolish kings in the world then wise , and that kings misled with idolatrous queenes , and by name achab ruined himselfe , and his posterity and kingdome . . the salvation and happinesse of men standing in the exalting of christs throne and the gospell , ergo every king , and every man will exalt the throne , and so let them have an incontrollable power without constraint of law , to doe what they list , and let no bounds be set to kings over subjects ; by this argument their owne wisedome is a law to leade them to heaven . . it is not absoloms mad male-contents in britane , but there were really no justice to protestants , all indulgence to papists , popery , arminianisme , idolatry printed , preached , professed , rewarded by authority , parliaments , and church assemblies , the bulwarkes of iustice and religion were denyed , dissolved , crushed , &c. . that by a king he understandeth a monarch , iudg. . and that such a one , as saul , of absolute power , and not a iudge , cannot be proved , for there were no kings in israel in the iudges daies , the government not being changed till neare the end of samuels government . . and that they had no iudges , he saith , it is not imaginable , but i rather beleeve god then the prelate , every one did what was right in his owne eyes , because there was none to put ill doers to shame . possible the estates of israel governed some way for meere necessity , but wanting a supreme iudge which they should have , they were loose : but this was not because where there is no king , as p. p. would insinuate , there was no government , as is cleare . . of tempered and limited monarchy , i thinke as honourably as the prelate , but that absolute and unlimited monarchy is excellenter then aristocracy , i shall then beleeve when royalists shall prove such a government , in so farre it is absolute , to be of god. . that aristocracy was now weakened i beleeve not , seeing god so highly commendeth it , and calleth it his own reigning over his people , sam. . . the weakening of it through abuse , is not to a purpose , more then the abuse of monarchy . . no doubt ( saith he ) hos . . they were priests and iudges , hos . . but they were over-awed as they are now . j thinke he would say , hos . . . otherwise he citeth scripture sleeping . that the priests of antichrist be not only over-awed , but out of the earth ; i yeeld , that the king be limited , not over-awed , i thinke gods law , and mans law alloweth . . the safety of the king as king , is not only safety , but a blessing to church and state , and therefore this p. prelate and his fellowes deserve to be hanged before the sun , who have led him on a warre to destroy him , and his protestant subjects . but the safety and flourishing of a king in the exercises of an arbitrary , unlimited power against law , and religion , and to the destruction of his subjects , is not the safety of the people , nor the safety of the kings soule , which these men , if they be the priests of the lord , should care for . the prelate commeth to refute the learned and worthy observator . the safety of the people is the supreme law , ergo the king is bound in duty to promote all and every one of his subjects to all happinesse . the observator hath no such inference , the king is bound to promote some of his subjects even as king , to a gallowes , especially irish rebells , and many bloudy malignants . but the prelate will needs have god rigorous ( hallowed be his name ) if it be so , for it is unpossible to the tenderest-hearted father to doe so : actuall promotion of all is unpossible , that the king intend it of all his subjects , as good subjects , by a throne established on righteousnesse and judgement , is that which the worthy observator meaneth ; other things here are answered . the summe of his second answer is , a repetition of what he hath said ; i give my word in a pamphlet of one hundred ninety and foure pages , i never saw more idle repetitions , of one thing twenty times before said . but page one hundred sixty and eight , he saith , the safety of the king and his subjects in the morall notion may be esteemed morally the same , no lesse then the soule and the body make one personall subsistence . ans . this is strange logick , the king and his subjects are ens por aggregationem ; and the king as king hath one morall subsistence , and the people another . hath the father and the sonne , the master and the servant one morall subsistence ? but the man speaketh of their well being : and then he must meane that our kings government that was not long agoe , and is yet , to wit , the popery , arminianisme , idolatry , cutting of mens eares , and noses , banishing , imprisonment , for speaking against popery , arming of papists to slay protestants , pardoning the bloud of ireland , that i feare , shall not be soone taken away , &c. are identically the same with the life , safety , and happinesse of protestants , then life and death , justice and unjustice , idolatry and sincere worship are identically one , as the soule of the prelate and his body are one . the third is but a repitition . the acts of royaltie ( saith the observator ) are acts of dutie and obligation ; ergo , not acts of grace properly so called . ergo , we may not thank the king for a courtesie . this is no consequence . what fathers do to children , are acts of naturall dutie , and of naturall grace ; and yet children owe gratitude to parents , and subjects to good kings , in a legall sense . no , but in way of courtesie onely . the observator said , the king is not a father to the whole collective body , and it s well said , he is son to them , and they his maker . who made the king ? policy answereth , the state made him , and divinitie : god made him . . the observator said well : the peoples weaknesse is not the kings strength . the prelate saith , amen : he said , that that perisheth not to the king , which is granted to the people . the prelate denyeth . because , what the king hath in trust from god , the king cannot make away to another , nor can any take it from him , without sacriledge . answ . true indeed , if the king had royalty by immediate trust , and infusion by god , as elias had the spirit of prophecie , that he cannot make away : royalists dream that god immediately from heaven , now infuseth facultie and right to crowns , without any word of god. it s enough to make an euthysiast leap up to the throne , and kill kings . judge if these fanaticks be favourers of kings : but if the king have royaltie mediately by the peoples free consent from god , there is no reason , but people give as much power even by ounce weights ( for power is strong wine , and a great mocker ) as they know a weak mans head will bear , and no more ; power is not an immediate inheritance from heaven : but a birth-right of the people borrowed from them , they may set it out for their good , and resume it when a man is drunk with it . . the man will have it conscience on the king to fight and destroy his three kingdoms , for a dream , his prerogative above law. but the truth is , prelates do engage the king , his house , honour , subjects , church , for their cursed mytres . the prelate vexeth the reader with repetitions , and saith , the king must proportion his government , to the safety of the people on the one hand , and to his owne safety and power on the other hand . ans . what the king doth as king , he doth it for the happinesse of his people , the king is a relative , yea even his owne happinesse that he seeketh , he is to referre to the good of gods people . he saith farther , the safety of the people includeth the safety of the king , because the word populus is so taken , which he proveth by a raw sickly rabble of words , stollen out of passerats dictioner . his father the schoole-master may whip him for frivolous etymologies . this supreame law ( saith the prelate ) is not above the law of prerogative royall , the highest law , nor is rex above lex . the democracie of rome had a supremacie above lawes , to make and unmake lawes : and will they force this power on a monarch , to the destruction of soveraigntie ? answ . this , which is stollen from spalato , barclay , grotius , and others , is easily answered . the supremacie of people , is a law of natures selfe-preservation , above all positive lawes , and above the king ; and is to regulate soveraigntie , not to destroy it . . if this supremacie of majestie was in people , before they have a king , then . they lose it not by a voluntary choise of a king ; for a king is chosen for good , and not for the peoples losse , ergo they must retain this power in habite , and potency , even when they have a king. . then supremacy of majesty is not a beame of divinity proper to a king only . . then the people having royall soveraignty vertually in them , make , and so unmake a king , all which the prelate denyeth . this supreme law ( saith the prelate , begging it from spalato , arnisaeus , grotius ) advance the king , not the people : and the sense is , the kingdome is really some time in such a case , that the soveraigne must exercise an arbitrary power , and not stand upon private mens interests , or transgressing of lawes , made for the private good of individualls , but for the preservation of it selfe , and the publicke , may break through all lawes . this he may , in the case when suddaine forraine invasion threatneth ruine inevitably to king and kingdome ; a physitian may rather cut a gangreened member , then suffer the whole body to perish . the dictator in case of extreame dangers ( as livie and dion . halicarnass . shew us ) had power according to his owne arbitrament , had a soveraigne commission in peace and war of life , death , persons , &c. not co-ordinate , not subordinate to any . ans . it is not an arbitrary power , but naturally tyed and fettered to this same supreame law , salus populi , the safety of the people , that a king breake through , not the law , but the letter of the law for the safety of the people ; as the chyrurgion , not by any prerogative that he hath above the art of chyrurgery , but by necessity , cutteth off a gangreened member , thus it s not arbitrary to the king to save his people from ruine , but by the strong and imperious law of the peoples safety he doth it ; for if he did it not , he were a murtherer of his people . . he is to stand upon transgression of lawes according to their genuine sense of the peoples safety , for good lawes are not contrary one to another , though when he breaketh through the letter to the law , yet he breaketh not the law , for if twenty thousand rebells invade scotland , he is to command all to rise , though the formality of a parliament cannot be had to indict the war , as our law provideth ; but the king doth not command all to rise , and defend themselves by a prerogative royall , proper to him as king , and incommunicable to any but to himselfe . . there is no such dinne and noise to be made for a king , and his incommunicable prerogative , for though the king were not at all , yea though he command the contrary ( as he did when he came against scotland with an english army ) the law of nature teacheth all to rise without the king. . that the king command this as king , it is not a particular positive law ; but he doth it as a man , and a member of the kingdom ; the law of nature , ( which knoweth no dreame of such a prerogative ) forceth him to it , as every member is , by natures indictment , to care for the whole . . it is poore hungry skill in this new statist , ( for so he nameth all scotland ) to say , that any lawes are made for private interests , and the good of some individuals . lawes are not lawes , if they be not made for the safetie of the people . . it is false , that the king in a publike danger is to care for himselfe as a man , with the ruine and losse of any : yea , in a publike calamitie , a good king , as david , is to desire he may die , that the publique may bee saved , samuel , . . ex●dus . . it is commended of all , that the emperour otho , yea and richard the . of england , as m. speed saith , hist . of england , p. . resigned their kingdomes to eschew the eff●sion of blood . the prelate adviseth the king to passe over all lawes of nature , and slay thousands of innocents , and destroy church and state of three kingdomes , for a straw , and supposed prerogative royall . now certainly , prerogative , and absolutenes to doe good and ill , must be inferior to a law , the end whereof is the safetie of the people . for david willeth the pestilence may take him away , and so his prerogative , that the people may be saved , sam. . . for prerogative is cumulative , to doe good , not privative to doe ill ; and so is but a meane to defend both the law and the people . . prerogative is either a power to doe good , or ill , or both : if the first be said , it must be limited by the end , and law , for which it is ordained . a meane is no farther a meane , but in so far as it conduceth to the end ; the safetie of all . if the second be admitted , it is licence and tyrannie , not power from god. if the third be said , both reasons plead against this , that prerogative should be the kings end in the present warres . . prerogative being a power given by the mediation of the people ; yea , suppose ( which is false ) that it were given immediately of god ; yet it not a thing for which the king should raise war against his subjects : for god will aske no more of the king , then he giveth to him : the lord reapeth not , where he soweth not . if the militia , and other things , be ordered hitherto for the holding off irish and spanishe invasion by sea , and so for the good of the land , seeing the king , in his own person , cannot make use of the militia ; he is to rejoyce that his subjects are defended . the king cannot answer to god for the justice of warre on his part : it is not a case of conscience that the king should shed blood for , to wit , because the under-officers are such men , and not others of his choosing ; seeing the kingdome is defended sufficiently , except where cavaliers destroy it . and to me , this is an unanswerable argument , that the cavaliers destroy not the kingdomes for this prerogative royall , as the principall ground ; but for a deeper designe , even for that which was working by prelates and malignants , before the late troubles in both kingdomes . . the king is to intend the safetie of his people ; and the safety of the king , as a governour , but not as this king , and this man , charles : that is a selfe end : a king david is not to looke to that : for when the people was seeking his life and crown , he saith , ps . . . thy blessing upon thy people . he may care for , and intend that the king and government be safe : for if the kingdome be destroyed , there cannot be a new kingdome and church on earth againe to serve god , in that generation , psal . . . but they may easily have a new king againe : and so the safetie of the one , cannot in reason be intended , as a collaterall end , with the safetie of the other : for there is no imaginable comparison betwixt one man , with all his accidents of prerogative and absolutenesse , and three nationall churches and kingdomes ▪ better the king weep for a childish tri●le of a prerogative , than poperie be erected , and three kingdomes be destroyed by cavaliers , for their own ends . . the dictators power is , . a fact , and proveth not a point of conscience . . his power was in an exigence of extreme danger of the commonwealth . the p. prelate pleadeth for a constant absolutenesse above lawes , to the king at all times , and that jure divino . . the dictator was the peoples creature ; ergo , the creator , the people , had that soveraigntie over him . . the dictator was not above a king : but the romanes ejected kings . . the dictators power was not to destroy a state : . he might be , and was resisted . . he might be deposed . prelate . the safetie of the people is pretended as a law , that the jewes must put christ to death ; and that saul spared agag . ans . no shadow for either , in the word of god. caiaphas prophecied , and knew not what he said . but that the iewes intended the salvation of the elect , in kil●ing christ : or that saul intended a publick good in sparing agag , shall be the prelates divinitie , not mine . . what , howbeit many should abuse this law of the peoples safety , to wrong good kings , it ceaseth not therefore to be a law , and licenseth not ill kings , to place a tyrannicall prerogative above a just dictate of nature . in the last chapter , the prelate hath no reasons , onely he would have kings holy , and this he proveth from apocrypha books , because he is ebbe in holy scripture ; but it is romish holinesse , as is cleer . . he must preach something to himself , that the king adore a tree-altar . thus kings must be most reverend in their gestures , pag. . . the king must hazard his sacred life and three kingdoms , his crown , royall posterity , to preserve sacred things , that is , antichristian romish idols , images , altars , ceremonies , idolatry , popery . . he must upon the same pain maintain sacred persons , that is , greasie apostate prelates . the rest i am weary to trouble the reader withall , but know ex ungue leonem . quest . xxvi . whether the king be above the law or no ? vve may consider the question of the laws supremacie over the king , either in the supremacie of constitution of the king , . or of direction , or . of limitation , or . of coaction and punishing . those who maintain this , [ the king is not subject to the law ] if their meaning be [ the king as king is not subject to the laws direction ] they say nothing ; for the king as the king is a living law ; then they say [ the law is not subject to the laws direction ] a very improper speech ; or , the king as king , is not subject to the coaction of the law ; that is true , for he who is a living law , as such , cannot punish himself , as the law saith . . assert . the law hath a supremacy of constitution above the king ; . because the king by nature is not king , as is proved ; ergo , he must be king by a politique constitution and law , and so the law in that consideration is above the king , because it is from a civil law , that there is a king , rather then any other kinde of governour . . it is by law , that amongst many hundred men , this man is king , not this man ; and because , by the which a thing is constituted , by the same thing it is , or may be dissolved ; therefore , . as a community finding such and such qualifications as the law requireth to be in a king , in this man , not in this man ; therefore upon law-ground , . they make him a king , and upon law-grounds and just demerit , they may unmake him again ; for , what men voluntarily doe upon condition , the condition being removed , they may undoe again . . assert . it is denyed by none ; but the king is under the directive power of the law , though many liberate the king from the coactive power of a civil law. but i see not what direction a civil law can give to the king , if he be above all obedience , or disobedience to a law , seeing all law-direction is in ordine ad obedientiam , in order to obey ; except thus far , that the light that is in the civil law , is a morall or naturall guide to conduct a king in his walking ; but this is the morality of the law which inlightneth and informeth , not any obligation that aweth the king ; and so the king is under gods and natures law , this is nothing to the purpose . . assert . the king is under the law , in regard of some coercive limitation : . because there is no absolute power given to him to do what he listeth , as a man. and because , . god , in making saul a king , doth not by any royall stamp give him a power to sin , or to play the tyrant ; for which cause i expone these of the law , omnia sunt possibilia regi , imperator omnia potest . baldus in § . f. de no. for ▪ fidel . in f. & in prima constitut . c. col . . chassanaeus in catalog . gloriae mundi . par . . considerat . . & tanta est ejus celsitudo , ut non posset ei imponi lex in regno suo . curt. in consol . . col . . ad . f. petrus rebuff . notab . . repet . l. unicae . c. de sentent . quae pro eo quod nu . . pag. . all these go no otherwise but thus , the king can do all things which by law he can do , and that holdeth him : id possumus quod jure possumus . and therefore the king cannot be above the covenant and law made betwixt him and his people , at his coronation-oath ; for then the covenant and oath should binde him onely , by a naturall obligation , as he is a man , not by a civil or politique obligation , as he is a king. so then , . it were sufficient that the king should swear that oath in his cabinet-chamber , and it is but a mocking of an oath , that he swear it to the people . . that oath given by the representative-kingdom , should also oblige the subjects naturally , in foro dei , not politically , in foro humano , upon the same reason . . he may be resisted as a man. . assert . the fourth case is , if the king be under the obliging politique coaction of civil laws , for that he in foro dei , be under the morality of civil laws , so as he cannot contraveen any law in that notion , but he must sin against god , is granted on all hands , deut. . . iosh . . . sam. . . that the king binde himself to the same law that he doth binde others , is decent , and obligeth the king as he is a man ; . because , matth. . . it is said to be the law and the prophets , all things , whatsoever ye would men should do unto you , do ye even so to them . . it is the law , jmperator l. . dignae vox . c. de lege & tit . quod quisque juris in alium statuit , eodem & ipse utatur . iulius caesar commanded the youth who had defloured the emperours daughter , to be scourged , above that which the law allowed . the youth said to the emperour , dixisti legem caesar ; you appointed the law , caesar . the emperor was so offended with himself , that he had failed against the law , that for the whole day he refused to taste meat . assert . . the king cannot but he subject to the coactive power of fundamentall laws : because this is a fundamentall law , that the free estates lay upon the king , that all the power that they give to the king as king , is for the good and safety of the people ; and so what he doth to the hurt of his subjects , he doth it not as king. . the law saith , qui habet potestatem constituendi etiam & jus adimendi . l. nemo . . l. . de reg . jure . those who have power to make , have power to unmake kings . . what ever the king doth as king , that he doth by a power borrowed from , ( or by a fiduciary power which is his by trust ) the estates , who made him king. he must then be nothing but an eminent servant of the state , in the punishing of others . if therefore he be unpunishable , it is not so much because his royall power is above all law-coaction , as because one & the same man cannot be both the punisher and the punished , and this is a physicall incongruity rather then a morall absurdity . so the law of god layeth a duty on the inferiour magistrate , to use the sword against the murtherer , and that by vertue of his office , but i much doubt if for that , he is to use the sword against himselfe in the case of murther , for this is a truth i purpose to make good ; that suffering as suffering according to the substance and essence of passion , is not commanded by any law of god or nature to the sufferer , but only the manner of suffering : i doubt if it be not , by the law of nature , lawfull even to the ill doer who hath deserved death by gods law , to fly from the sword of the lawfull magistrate ; only the manner of suffering with patience is commanded of god. i know the law saith here , that the magistrate is both iudge , and the executor of the sentence against himselfe , in his owne cause , for the excellency of his office. therefore these are to be distinguished , whether the king ratione demeriti & jure , by law be punishable , or if the king can actually be punished corporally by a law of man , he remaining king ; and since he must be a punisher himselfe , and that by vertue of his office . in matters of goods the king may be both iudge and punisher of himselfe , as our law provideth that any subject may plead his owne heritage from the king before the inferiour iudges , and if the king be a violent possessour , and in mala fide for many yeares , by law he is obliged upon a decree of the lords , to execute the sentence against himselfe , ex officio , and to restore the lands , and repay the dammage to the just owner , and this the king is to doe against himselfe , ex officio . i grant here the king as king punisheth himselfe as an unjust man , but because bodily suffering is meere violence to nature , i doubt if the king ex officio , is to doe or inflict any bodily punishment on himselfe : nemo potest a seipso cogi . l. ille a quo . . § . assert . . there be some lawes made in favour of the king as king , as to pay tribute . the king must be above this law as king. true , but if a noble man of a great rent be elected king , i know not , if he can be free from paying to himselfe as king , tribute , seeing this is not allowed to the king by a divine law , rom. . . as a reward of his worke ; and christ expresly maketh tribute a thing due to caesar as a king , matth. . v. . there be some solemnities of the law from which the king may be free , prickman . d. c. . n. . and he relateth what they are , they are not lawes , but some circumstances belonging to lawes , and prickman answereth to many places alledged out of the lawyers , to prove the king to be above the law , maldorus in . art. , , , . will have the prince under that law , which concerneth all the common-wealth equally in regard of the matter , and that by the law of nature , but he will not have him subject to these lawes which concerneth the subjects as subjects , as to pay tribute . he citeth francisc . a vict. covarruvia , and turrecremata . he also will have the prince under positive lawes , such as not to transport victualls , not because the law bindeth him as a law. but because the making of the law bindeth him , tanquam conditio sine qua non , even as he who teacheth another that he should not steale , he should not steale himselfe , rom. . but the truth is , this is but a branch of the law of nature , that i should not commit adultery , and theft , and sacriledge , and such sinnes as nature condemneth , if i shall condemne them in others , and doth not prove that the king is under the coactive power of civill lawes . vlpianus , l. . f. de regibus saith , the prince is loosed from lawes , bodine de repub. l. . c. . nemo imperat sibi , no man commandeth himselfe . tholosanus saith , ipsius est dare , non accipere leges . the prince giveth lawes , but receiveth none , de rep. l. . c. . donellus lib. . comment . c. . distinguisheth betwixt a law , and a royall law proper to the king. trentlerus volum . . . . saith , the prince is freed from laws ; and that he obeyeth laws , de honestate , non de necessitate , vpon honesty , not of necessity . thomas p. . q. . art. . and with him soto , gregorius de valentia , and other schoole-men , subject the king to the directive power of the law , and liberate him of the coactive power of the law. assert . . if a king turne a paricide , a lyon , and a waster and destroyer of the people , as a man he is subject to the coactive power of the lawes of the land. if any law should hinder that a tyrant should not be punished by law , it must be , because he hath not a superiour but god ; for royalists build all upon this , but this ground is false : because the estates of the kingdome who gave him the crowne , are above him , and they may take away what they gave him ; as the law of nature and god saith , if they had knowne he would turne tyrant , they would never have given him the sword : and so how much ignorance is in the contract they made with the king , as little of will is in it , and so it is not every way willing , but being conditionall is supposed to be against their will. . they gave the power to him only for their good , and that they make the king , is cleare , chron. . . sam. . , . deut. . , , , . king. . v. . king. . . king. . . iud. . . . chron. . . fourescore valiant men of the priests withstood vzziah in a corporall violence , and thrust him out , and cut him off from the house of the lord. and , . if the princes place doe not put him above the lawes of church-discipline , ( matth. . for christ excepteth none , and how can men except ? ) and if the rod of christs lips smite the earth , and stay the wicked , esay . . and the prophets elias , nathan , ieremiah , esaiah , &c. iohn baptist , iesus christ , and his apostles have used this rod of censure and rebuke , as servants under god , against kings , this is a sort of spirituall coaction of lawes put in execution by men , and by due proportion corporall coaction being the same ordinance of god , though of another nature , must have the like power over all , whom the law of god hath not excepted , but gods law excepteth none at all . . it is presumed that god hath not provided better for the safety of the part , then of the whole , especially when he maketh the part a meane for the safety of the whole . but if god have provided that the king , who is a part of the common-wealth , shall be free of all punishment , though he be a habituall destroyer of the whole kingdome , seeing god hath given him to be a father , tutor , saviour , defender thereof , and destinated him as a meane for their safety , then must god have worse , not better provided , for the safety of the whole , then of the part . the proposition is cleare in that god , rom. . . tim. . . hath ordained the ruler , and given to him the sword to defend the whole kingdome and city ; but we read no where , that the lord hath given the sword to the whole kingdome , to defend one man a king , though a ruler come going on in a tyrannicall way of destroying all his subjects . the assumption is evident : for then the king , turning tyrant , might set an army of turkes , jewes , cruell papists , to destroy the church of god , without all feare of law or punishment . yea , this is contrary to the doctrine of royalists : for , winzetus ▪ adversus buchananum , p. . saith of nero , that he seeking to destroy the senate and people of rome , and seeking to make new lawes for himselfe , excidit jure regni , lost right to the kingdome . and barclai●s advers . monarcho-machous , l. . c. ult . p. , . saith , a tyrant , such as caligula , spoliare se jure regni , spoileth himselfe of the right to the crown . and in that same place : regem , si regnum suum alienae ditioni manciparit , regno cadere : if the king sell his kingdome , he loseth the title to the crown . grotius de jure belli & pacis , l. . c. . n. , si rex hostili animo in totius populi exitium feratur , amittit regnum : if he turne enemie to the kingdome , for their destruction , he loseth his kingdome , because ( saith he ) voluntas imperandi , & voluntas perdendi , simul consistere non possunt : a will or minde to governe , and to destroy , cannot consist together in one . now if this be true , that a king turning tyrant , loseth title to the crown ; this is either a falling from his royall title only in gods court ; or it is a losing of it before men , and in the court of his subjects . if the former be said , . he is no king , having before god lost his royall title : and yet the people is to obey him as the minister of god , and a power from god , when as he is no such thing . . in vaine doe these authors provide remedies to save the people from a tyrannous waster of the people , if they speake of a tyrant who is no king in gods court only , and yet remaineth a king to the people in regard of the law : for the places speake of remedies that god hath provided against tyrants cum titulo , such as are lawfull kings , but turn tyrants . now by this they provide no remedie at all , if only in gods court , and not in mans court also , a tyrant lose his title . as for tyrants sine titulo , such as usurpe the throne , and have no just claime to it : barclaius adver . monarcho-ma . l. . c. . p. . saith , any private man may kill him , as a publike enemie of the state : but if he lose his title to the crown in the court of men , then is there , . a court on earth to judge the king , and so he is under the coactive power of a law. . then a king may be resisted , and yet those who resist them , doe not incurre damnation ; the contrary where of royalists endeavour to prove from rom. . . then the people may un-king one who was a king. but . i would know who taketh that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , from him , whereby he is a king , that beame of divine majestie ? not the people ; because royalists say , they neither can give , nor take away royall dignitie , and so they cannot un-king him . . the more will be in the consent ▪ ( saith ferd. vasquez , l. . c. . ) the obligation is the stricter . so ▪ doubled words ( saith the law , l. . § . . n. . ) oblige more strictly . and all lawes of kings , who are rationall fathers , and so lead us by lawes , as by rationall meanes to peace and externall happinesse ; are contracts of king and people . omnis lex sponsio & contractus reip. § . . iust . de ver . relig . now the king at his coronation-covenant with the people , giveth a most intense consent , an oath , to be a keeper and preserver of all good laws : and so hardly he can be freed from the strictest obligation that law can impose : and if he keep lawes by office , he is a meane to preserve lawes ; and no meane can bee superior and above the end , but inferior thereunto . . bodine proveth , de rep. l. . c. . p. . that emperors at first were but princes of the commonwealth : and that soveraigntie remained still in the senate and people . marius salomonius , a learned romane civilian , wrote sixe bookes de principatu , to refute the supremacie of emperors above the state. ferd. vasq . illust . quest . part . . l. . n. . proveth , that the prince , by royall dignitie , leaveth not off to be a citizen , a member of the politique body ; and not a king , but a keeper of lawes . hence , . the prince remaineth , even being a prince , a sociall creature , a man , as well as a king ; one who must buy , sell , promise , contract , dispose : ergo , he is not regula regulans , but under rule of law : for impossible it is , if the king can , in a politicall way , live as a member of societie , and doe and performe acts of policie , and so performe them , as he may by his office , buy , and not pay ; promise , and vow , and sweare to men , and not performe , nor be obliged to men to render a reckoning of his oath , and kill and destroy , and yet in curia politicae societatis , in the court of humane policie , be free : and that he may give inheritances , as just rewards of vertue and well-doing , and take them away againe . yea , seeing these sinnes that are not punishable before men , are not sinnes before men : if all the sinnes and oppressions of a prince be so above the punishment that men can inflict , they are not sinnes before men , by which meanes the king is loosed from all guiltinesse of the sinnes against the second table : for , the ratio formalis , the formall reason , why the iudge , by warrant from god , condemneth , in the court of men , the guilty man , is , because he hath sinned against humane societie , either through the scandall of blasphemie , or through other heynous sinnes he hath defiled the land. now this is incident to the king , as well as to some other sinfull man. to these , and the like , heare what the excommunicated prelate hath to say ; . they say ( he meaneth the jesuites ) every societie of men is a perfect republick , and so must have within it selfe a power to preserve it selfe from ruine , and by that to punish a tyrant . he answereth , a societie without a head , is a disorderly rout , not a politique body ; and so cannot have this power . ans . . the pope giveth to every societie , politick power to make away a tyrant , or hereticall king , and to un-king him , by his brethren the jesuites way . and observe , how papists ( of which number i could easily prove the p. prelate to be , by the popish doctrine that he delivered , while the iniquitie of time , and dominion of prelates in scotland , advanced him , against all worth of true learning and holinesse , to be a preacher in edinborough ) and iesuites agree , as the builders of babylon . it is the purpose of god to destroy babylon . . this answer shall inferre , that the aristocraticall governors of any free state , and that the duke of venice , and the senate there , is above all law , and cannot be resisted , because without their heads they are a disorderly rout. . a politicall societie , as by natures instinct , they may appoint a head , or heads to themselves : so also if their head , or heads become ravenous wolves , the god of nature hath not left a perfect societie remedilesse ; but they may both resist , and punish the head or heads , to whom they gave all the power that they have , for their good , not for their destruction . . they are as orderly a body politique , to unmake a tyrannous commander , as they were to make a just governonr . the prelate saith , it is alike to conceive a politique body without a governour , as to conceive the naturall body without a head. he meaneth , none of them can be conceivable . i am not of his minde . when saul was dead , israel was a perfect politique body : and the prelate , if he be not very obtuse in his head , ( as this hungry peece stollen from others , sheweth him to be ) may conceive a visible politicall societie performing a politicall action , sam. . , , . making david king at a visible and conceivable place , at hebron ; and making a covenant with him . and that they wanted not all governors , is nothing to make them chymera's unconceivable : for when so many families before nimrod , were governed only by fathers of families , and they agreed to make either a king , or other governors , a head , or heads over themselves : though the severall families had government , yet these consociated families had no government ; and yet so conceivable a politique body , as if maxwell would have compeared amongst them , and called them a disorderly rout , or an unconceivable chymera , they should have made the prelate know , that chymera's can knock down prelates . neither is a king the life of a politique body , as the soule is of the naturall body : the body createth not the soule : but israel created saul king ; and when he was dead , they made david king , and so , under god , many kings , as they succeeded , till the messiah came . no naturall body can make soules to it selfe by succession ; nor can seas create new prelates alwayes . p. prelate . jesuites and puritans differ infinitely ; we are hopefull god shall cast down this babel . the iesuites , for ought i know , seat the superintendent power in the communitie : some sectaries follow them , and warrant any individuall person to make away a king in case of defects , and the worke is to be rewarded as when one killeth a ravenous wolfe . some will have it in a collective body , but how ? not met together by warrant , or writ of soveraigne authoritie , but when fancie of reforming church and state calleth them . some will have the power in the nobles and peeres ; some in the three estates assembled by the kings writ ; some in the inferior iudges . i know not where this power to curbe soveraigntie is , but in almighty god. ans . . iesuites and puritans differ infinitely : true . jesuites deny the pope to be antichrist , hold all arminian doctrine , christs locall descension to hell : all which the prelate did preach . we deny all this . . we hope also the lord shall destroy the jesuites babel ; the ●uburbs whereof , and more , are the popish prelates in scotland and england . . the jesuites , for ought he knoweth , place all superintendent power in the communitie . the prelate knoweth not all his brethren the iesuites wayes : but it is ignorance , not want of good will. for bellarmine , beucanus , suarez , gregor , de valentia , and others his deare fellowes say , that all superintendent power of policy , in ordine ad spiritualia is in the man , whose foot maxwell would kisse for a cardinals ha● . . if these be all the differences , it is not much , the community is the remote and last subject , the representative body the nearest subject , the nobles a partiall subject ; the iudges as iudges sent by the king , are so in the game , that when an arbitrary prince at his pleasure setteth them up , and at command that they judge for men , and not for the lord , and accordingly obey , they are by this power to be punished , and others put in their place . . a true cause of convening parliaments the prelate maketh a fancie at this time ; it is as if the theeves and robbers should say a iustice court were a fancie ; but if the prelate might compeare before the parliament of scotland ( to which he is an out-law , like his father , thess : . . ) such a fancie i conceive should hang him , and that deservedly . p. prelate . the subject of this superintending power must be secured from errour , in judgement and practise , and the community and states then should be infallible . ans . the consequence is nought , no more then the king the absolute independent is infallible . . it is sure the people are in lesse hazard of tyranny and selfe destruction , then the king is to subvert lawes , and make himselfe absolute , and for that cause there must be a superintendent power above the king ; and god almighty also must be above all . p. prelate . the parliament may erre , then god hath left the state remedilesse except the king remedy it . ans . there 's no consequence here , except the king be impeccable . . posteriour parliaments may correct the former . . a state is not remedilesse , because gods remedies , in sinfull mens hands may miscarry . but the question is now , whether god hath given power to one man to destroy men , subvert lawes , and religion , without any power above him to coerce , restraine or punish . p. prelate . if when the parliament erreth , the remedy is left to the wisedome of god , why not when the king erreth ? ans . neither is antecedent true , nor the consequence valid , for the sounder part may resist ; and it is easier to one to destroy many , having a power absolute , which god never gave him , then for many to destroy themselves . then if the king vzzah intrude himselfe and sacrifice , the priests doe sin in remedying thereof . p. prelate . why might not the people of israell , peers or sanedrim have convened before them , judged , and punished david , for his adultery and murther ? romanists and new statists acknowledge no case lawfull , but heresie , apostacy , or tyranny ; and tyranny they say must be universall , . manifest as the sunne . . and with obstinacy , and invincible by prayers ; as is recorded of nero , whose wish was rather a transported passion , then a fixed resolution , this cannot fall in the attempts of any but a mad-man . now this cannot be proved of our king ; but though we grant in the foresaid case , that the community may resume their power , and rectifie what is amisse , which we canno grant , but this will follow by their doctrine in every case of male administration . ans . the prelate draweth me to speake of the case of the kings unjust murther , confessed ps . . to which i answer ▪ he taketh it for confessed , that it had been treason in the sanedrin and states of israel to have taken on them to judge and punish david for his adultery and his murther ; but he giveth no reason for this , nor any word of god ; and truely though i will not presume to goe before others in this , gods law , gen. . . compared with num. . . . seemeth to say against them . nor can i thinke that gods law , or his deputy the iudges are to accept the persons of the great , because they are great , deut. . . chro. . , . and we say , we cannot distinguish where the law distinguisheth not , the lord speaketh to under iudges , levit. . . thou shalt not respect the person of the poore , nor honour the person of the mighty , or of the prince , for we know what these names 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 meaneth . i grant , it is not gods meaning that the king should draw the sword against himselfe , but yet it followeth not , that if we speake of the demerit of blood , that the law of god accepteth any iudge , great or small , & if the estate be above the king , as i conceive they are , though it be a humane politicke constitution , that the king be free of al coaction of law , because it conduceth for the peace of the common-wealth , yet if we make a matter of conscience , for my part i see no exception that god makethit , if men make , i crave leave to say , a facto ad jus non sequitur . and i easily yeeld that in every case the estates may coerce the king , if we make it a case of conscience . and for the place ps . . . against thee only have i sinned . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 flatterers alleadge it to be a place that proveth that the king is above all earthly tribunals , and all lawes , and that there was not on earth any who might punish king david ; and so they cite clemens alexandria . strom. l. . arnobi . psal . . dydimus , hieronim . but calvine on the place giveth the meaning that most of the fathers give . domine , etiam si me totus mundus absolvat , mihi tamen plusquam satis est , quod te solum judicem sentio . it is true , beda , euthymius , ambrosius , apol. david , c. . & . c. . do all acknowledge from the place , de facto , there was none above david to judge him , and so doth augustine , basilius , theodoret say , and chrysostomus , and cyrillus , and hyeronim . epist . . ambrose sermo . . in psal . . gregorius , and augusti . ioan. . saith , he meaneth no man durst judge or punish him , but god only . lorinus the iesuit observeth eleven interpretatiōs of the fathers all to this sense , since lyra , saith he , sinned only against god , because god only could pardon him ; hugo cardinalis , because god only could wash him , which he asketh in the text. and lorin . solo deo conscio peccavi . but the simple meaning is , against thee only have i sinned , as my eye witnesse and imediate beholder ; and therfore he addeth , and have done this evill in thy sight . . against thee only , as my iudge , that thou maist be justified when thou judgest , as cleare from all unrighteousnesse , when thou shalt send the sword on my house . . against thee , o lord only , who canst wash me , and pardon me , v. , . and if this ( thee only ) exclude all together , vriah , bathsheba , and the law of the iudges , as if he had sinned against none of these in their kind , then is the king because a king free , not only from a punishing law of man , but from the duties of the second table simply , and so a king cannot be under the best and largest halfe of the law , thou shalt love thy neighbour as thy selfe . . he shall not need to say , forgive us our sinnes , as we forgive them that sin against us ; for there is no reason from the nature of sin , and the nature of the law of god , why we can say more the subjects and sonnes sin against the king and father , then to say the father and king sin against the sonnes and subjects . . by this , the king killing his father iesse , should sin against god , but not breake the fist command , nor sinne against his father . . god should in vaine forbid fathers to provoke their children to wrath . . and kings to doe unjustice to their subjects , because by this the superiour cannot sinne against the inferiour , for as much as kings can sin against none , but those who have power to judge and punish them ; but god only , and no inferiours , and no subjects have power to punish the kings , therefore kings can sin against none of their subjects , and where there is no sin , how can there be a law ? neither major or minor can be denyed by royalists . . we acknowledge tyranny must only unking a prince . the prelate denyeth it , but he is a green statist . barclay , grotius , winzetus , as i have proved granteth it . . he will excuse nero as of infirmity , wishing all rome to have one necke , that he may cut it off . and is that charitable of kings , that they will not be so mad as to destroy their owne kingdome ? but when stories teach us there have been more tyrants then kings , the kings are more obliged to him for flattery , then for state-wit , except we say that all kings who cate the people of god , as they doe bread , owe him little , for making them all madde and franticke . . but let them be nero's , and madde , and worse , there is no coercing of them , but all must give their neckes to the sword , if the poore prelate be heard ; and yet kings cannot be so madde as to destroy their subjects . mary of england was that madde , the romish princes who have given , revel . . . their power and strength to the beast , and doe make warre with the lambe ; and kings inspired with the spirit of the beast , and drunke with the wine of the cup of babells fornications , are so madde , and the ten emperours are so madde , who wasted their faithfullest subjects . p. prelate . if there be such a power in the peeres , resumable in the exigent of necessity , as the last necessary remedy for safety of church and state , god and nature not being deficient in things necessary , it must be proved out of the scripture , and not taken on trust , for affirmanti incumbit probatio . ans . mr. bishop , what better is your affirmanti incumbit , &c , then mine ? for you are the affirmer . i can prove a power in the king , limited onely to feed , governe , and save the people ; and you affirme that god hath given to the king , not only a power officiall and royall to save , but also to destroy and cut off , so as no man may say , why doest thou this ? shall we take this upon the word of an excommunicated prelate ? profer tabulas , iohn p. p. i beleeve you not , royall power is deut. . . rom. . . i am sure there is there a power given to the king to doe good , and that from god : let john p. p. prove a power to doe ill , given of god to the king. . we shall quickly prove that the states may represse this power , and punish the tyrant , not the king : when he shall prove that a tyrannous power is an ordinance of god , and so may not be resisted . for the law of nature teacheth , if i give my sword to my fellow to defend me from the murtherer , if he shall fall to , and murther me with my own sword , i may ( if i have strength ) take my sword from him . prelate . it is infidelitie , to thinke that god cannot helpe us ; and impatience , that we will not wait on god. when a king oppresseth us , it is against gods wisdome , that he hath not provided another meane for our safetie , than intrusion on gods right . . it is against gods power , . his holinesse , . christian religion , that we necessitate god to so weake a meane , to make use of sinne : and we cast the aspersion of treason on religion , and deterre kings to professe reformed catholike religion . . we are not to justle god out of his right . ans . i see nothing but what d. ferne , grotius , barclay , blackwood have said before , with some colour of proving the consequence . the p. prelate giveth us other mens arguments , but without bones , all were good , if the states coercing and curbing a power which god never gave to the king , were a sinne , and an act of impatience , and unbelief : and , if it were proper to god only , by his immediate hand , to coerce tyrannie . . he calleth it not protestant religion , either here , or elsewhere ; but cautelously giveth a name that will agree to the roman catholique religion : for the dominicans , franciscans , and the parisian doctors and schoolemen , following occham , gerson , almain , and other papists , call themselves reformed catholiques . . he layeth this for a ground , in or pages , where these same arguments are againe and againe repeated in terminis , as his second reason , p. . was handled ad nauseam , p. . his . reason is repeated in his . reason , p. . he layeth ( i say ) down this ground , which is the begged conclusion , and maketh the conclusion the assumption , in raw and often repeated arguments : to wit , that the parliaments coercing and restraining of arbitrarie power , is rebellion , and resisting the ordinance of god. but he dare not looke the place rom. . on the face : other royalists have done it with bad successe . this i desire to be weighed , ●●d i retort the prelates argument ▪ but it is indeed the triviall argument of all royalists , especially of barclay , obvious in his . booke . if arbitrarie and tyrannicall power above any law that the lawfull magistrate commandeth under the paine of death , ( thou shalt not murther one man ) ( thou shalt not take away the vineyard of one naboth violently ) be lawfull and warrantable by gods word ; then an arbitrarie power above all divine lawes , is given to the keeping of the civill magistrate . and it is no lesse lawfull arbitrarie , or rather tyrannicall power , for david to kill all his subjects , and to plunder all jerusalem , ( as i beleeve , prelates , and malignants , and papists would serve the three kingdomes , if the king should command them ) then to kill one vriah , or for achab to spoile one naboth . the essence of sinne must agree alike to all , though the degrees varie . of gods remedie against arbitrary power , hereafter , in the question of resistance : but the confused ingine of the prelate bringeth it in here , where there is no place for it . his . argument is : before god would authorize rebellion , and give a bad president thereof for ever , he would rather worke extraordinary and wonderfull miracles , and therefore would not authorize the people to deliver themselves from under pharaoh , but made moses● prince , to bring them out of egypt with a stretched-out arme : nor did the lord deliver his people by the wisdome o● moses , or strength of the people , or any act that way of theirs , but by his own immediate hand and power . ans . i reduce the prelates confused words to a few : for i speake not of his popish tearme of saint steven , and others the like ▪ because all that he hath said in a book of pages , might have been said in three sheets of paper . but , i pray you , what is this argument to the question in hand , which is , whether the king be so above all lawes , as people and peeres , in the case of arbitrarie power , may resume their power , and punish a tyrant ? the p. prelate draweth in the question of resistance by the haire . israels not rising in armes against k. pharaoh , proveth nothing against the power of a free kingdome against a tyrant . . moses , who wrought miracles destructive to pharaoh , might pray a vengeance against pharaoh , god having revealed to moses , that pharaoh was a reprobate ▪ but may ministers and nobles pray so against king charles ? god forbid . . pharaoh had not his crown from israel . . pharaoh had not sworne to defend israel , nor became he their king upon condition he should maintaine and professe the religion of the god of israel : therefore israel could not , as free estates , challenge him in their supreme court of parliament , of breach of oath ▪ and upon no termes could they un-king pharaoh ; he held not his crown of them . . pharaoh was never circumcised , nor within the covenant of the god of isrdel , in profession . . israel had their lands by the meere gift of the king. i hope the king of britaine standeth to scotland and england in a fourefold contrary relation . all divines know , that pharaoh his princes , and the egyptians , were his peeres and people , ●nd that israel were not his native subjects , but a number of strangers , who by the lawes of the king and princes , by the meanes of joseph , had gotten the land of goshen for their dwelling , and libertie to serve the god of abraham , to whom they prayed in their bondage , exod. . , . and they were not to serve the gods of egypt , nor were of the kings religion : and therefore his argument is thus : a number of poore exiled strangers under king pharaoh , who were not pharaohs princes and peeres , could not restraine the tyrannie of king pharaoh : ergo , the three estates in a free kingdome may not restraine the arbitrarie power of a king. . the prelate must prove that god gave a royall and kingly power to king pharaoh , due to him by vertue of his kingly calling , ( according as royalists expone sam. . , . ) to kill all the male children of israel , to make slaves of themselves , and compell them to worke in brick and clay , while their lives were a burden to them : and that if a romish catholique , mary of england , should kill all the male children of protestants , by the hands of papists , at the queenes commandement , and make bondslaves of all the peeres , iudges , and three estates , who made her a free princesse : yet notwithstanding that mary had sworne to maintaine the protestant religion ; they were to suffer , and not to defend themselves . but if god give pharaoh a power to kill all israel , so as they could not controll it ; then god giveth to a king a royall power by office to sinne : only the royalist saveth god from being the author of sinne , in this , that god gave the power to sinne , but yet with this limitation , that the subjects should not resist this power . . he must prove that israel was to give their male-children to pharaohs butchers , for to hide them , was to resist a royall power , and to disobey a royall power given of god , is to disobey god. . the subjects may not resist the kings butchers coming to kill them , and their male-children , for to resist the servant of the king in that , wherein he is a servant , is to resist the king , sam. . . pet. . . rom. . . . he must prove that upon the supposition , that israel had been as strong as pharaoh and his people ; that without gods speciall commandment ( they then wanting the written word ) they should have sought with pharaoh ; and that we now for all wars , must have a word from heaven , as if we had not gods perfit ▪ will in his word , as at that time israel behoved to have in all wars , judg. . . sam. . . esa . . . iere. . . king. . . sam. . . iudg. . . sam. . . sam. . . chron. . . but because god gave not them an answer to fight against pharaoh , therefore we have no warrant now to fight against a forraign nation , invading us ; the consequence is null , and therefore this is a vain argument , the prophets never reprove the people for not performing the duty of defensive wars against tyrannous kings . ergo ▪ there is no such dutie enjoyned by any law of god to us ; for the prophets never rebuke the people for non-performing the dutie of offensive wars against their enemies ; but where god gave a speciall command , and responce , from his own oracle , that they should fight : and if god was pleased never to command the people to rise against a tyrannous king , they did not sin where they had no commandment of god : but i hope we have now a more sure word of prophecie to inform us . . the prelate conjectureth moses his miraeles , and the deliverance of the people , by dividing the red sea , was to forbid , and condemn , defensive wars of people against their king ; but he hath neither scripture , nor reasons to do it . the end of these miracles , was to seal to pharaoh the truth of gods calling of moses and aaron , to deliver the people , as is clear , exod. . , , , . compared with chap. . vers . , , . and that the lord might get to himself a name on all the earth , rom. ▪ . exod. . . and . , . and . , , . & seq . but of the prelates conjecturall end , the scripture is silent , and we cannot take an excommunicated mans word . what i said of pharaoh , who had no●●is crown from israel , that i say of nebuchadnezzar , and the kings of persia , keeping the people of god captive . p. prelate . so in the book of the judges , when the people were delivered over to the hand of their enemies , because of their sins ; he never warranted the ordinary iudges , or communitie , to be their own deliverers , but when they repented , god raised up a iudge . the people had no hand in their own deliverance out of babylon , god effected it by cyrus , immediately and totally . is not this a reall proof , god will not have inferiour iudges , to rectifie what is amisse ; but we must waite in patience till god provide lawfull means , some soveraign power immediately sent by himself , in which course of his ordinary providence , he will not be deficient . answ . all this is beside the question , and proveth nothing lesse , then that peers and communitie , may not resume their power to curbe an arbitrary power : for in the first case , there is neither arbitrary , nor lawfull supreme iudge . . if the first prove any thing , it proveth , that it was rebellion in the inferiour iudges , and communitie of israel , to fight against forraign kings , not set over them by god ; and that offensive wars against any kings whatsoever , because they are kings , though strangers , are unlawfull . let socinians and anabaptists consider , if the p. prelate help not them in this , and may prove all wars to be unlawfull . . he is so malignant to all inferiour iudges , as if they were not powers sent of god , and to all governours , that are not kings , and so upholders of prelates , and of himself as he conceiveth , that by his arguing , he will have all deliverance by kings onely , the onely lawfull means in ordinary providen●● : and so aristocracy and democracy except in gods extraordinary providence , and by some divine dispensation must be extraordinary , and ordinarily unlawfull : . the acts of a state , when a king is dead , and they choose another , shall be an anticipating of gods providence . . if the king be a childe , a captive , or distracted , and the kingdom oppressed with malignants , they are to waite , while god immediately from heaven , create a king to them , as he did saul long ago . but have we now kings immediately sent as saul was ? . how is the spirit of prophecie and government infused in them , as in king saul ? or are they by propheticall inspiration , anointed as david was : i conceive their calling to the throne on gods part , do differ as much from the calling of saul and david , in some respect , as the calling of ordinary pastors , who must be gifted by industry and learning , and called by the church , and the calling of apostles . . god would deliver his people from babylon , by moving the heart of cyrus immediately , the people having no hand in it , not so much as supplicating cyrus . ergo , the people and peers who made the king , cannot curb his tyrannicall power , if he make captives and slaves of them , as the kings of chaldea made slaves of the people of israel . what ? because god useth another mean. ergo , this mean is not lawfull . it followeth in no sort ; if we must use no means , but what the captive people did under cyrus ▪ we may not lawfully flie , nor supplicate , for the people did neither . p. prelate . you read of no covenant in scripture made without the king , exod. . moses king of iesurum : neither tables nor parliament framed it . joshua another , iosh . . and asa , chron. . and chron. . and ezra . the covenant of iehojada in the non-age of ioash , was the high priests act , as the kings governour . there is a covenant with hell , made without the king , and a false covenant , hos . . , . answ . we argue this negatively ; this is neither commanded , nor practised , nor warranted by promise . ergo , it is not lawfull . but this is not practised in scripture : ergo , it is not lawfull . it followeth it . shew me in scripture the killing of a goaring on who killed a man ; the not making battlements on an house ; the putting to death of a man lying with a beast ; the killing of seducing prophets , who tempted the people to go a whoring , and serve another god , then jehovah : i mean , a god made by the hand of the baker , such a one as the excommunicated prelate is known to be , who hath preached this idolatry in three kingdoms , yet deut. . this is written , and all the former laws are divine precepts ; shall the precept make them all unlawfull , because they are not practised by some in scripture ? by this ? i ask , where read yee , that the people entered in a covenant with god , not to worship the golden image , and the king ; and these who pretend they are the priests of iehovah , the church-men and pelates refused to enter in covenant with god ? by this argument , the king and prelates in non-practising with us , wanting the precedent of a like practice in scripture , are in the fault . . this is nothing to prove the conclusion in question . . all these places prove it is the kings dutie , when the people under him , and their fathers , have corrupted the worship of god , to renew a covenant with god , and to cause the people to do the like , as moses , asa , iehoshaphat did . . if the king refuse to do his dutie , where is it written , that the people ought also to omit their dutie , and to love to have it so , because the rulers corrupt their wayes , ierem. . ? to renew a covenant with god , is a point of service due to god , that the people are obliged unto ; whether the king command it , or no. what if the king command not his people to serve god ; or , what if he forbid daniel to pray to god ? shall the people in that case serve the king of kings , onely at the nod , and royall command of an earthly king ? clear this from scripture . . ezra . had no commandment in particular from artaxerxes king of persia , or from darius , but a generall , that ezr. . . whatsoever is commanded by the god of heaven , let it be diligently done far the house of the god of heaven : but , the tables in scotland , and the two parliaments of england and scotland , who renewed the covenant , and entered in covenant not against the king ( as the p. p. saith ) but to restore religion to its ancient puritie , have this expresse law from king james and king charles both , in many acts of parliament , that religion be kept pure . now as artaxerxes knew nothing of the covenant , and was unwilling to subscribe it , and yet gave to ezra and the princes a warrant in generall , to do all that the god of heaven required to be done , for the religion , and house of the god of heaven , and so a generall warrant , for a covenant without the king ; and yet ezra , and the people , in swearing that covenant , failed in no dutie against their king : to whom , by the fifth commandment , they were no lesse subject then we are to our king , just so we are , and so have not failed ; but they say , the king hath committed to no lievtenant and deputie under him , to do what they please in religion , without his royall consent in particular , and the direction of his clergy , seeing he is of that same religion with his people ; whereas artaxerxes was of another religion , then were the iews , and their governour . answ . nor can our king take on himself , to do what he pleaseth , and what the prelates ( amongst whom these who ruled all , are known before the world and the sun , to be of another religion , then we are ) pleaseth in particular . but see what religion and worship the lord our god , and the law of the land ( which is the kings revealed will ) alloweth to us , that we may swear , though the king should not swear it ; otherwayes , we are to be of no religion , but of the kings , and to swear no covenant , but the kings , which is to joyn with papists against protestants . . the strangers of ephraim and manasseh , and out of simeon fell out of israel in abundance to asa , when they saw that the lord his god was with him , chron. . , . and sware that covenant without their own kings consent , their own king being against it ; if a people may swear a religious covenant , without their king , who is averse thereunto , far more may the nobles , peers , and estates of parliament do it without their king : and here is an example of a practise , which the p. prelate requireth . . that jehojadah was governour and vice-roy , during the nonage of joash , and that by this royall authoritie , the covenant was sworn , is a dream , to the end he may make the pope , and the arch-prelate , now vice-royes and kings , when the throne varieth . the nobles were authors of the making of that covenant , no lesse then iehojadah was ; yea , and the people of the land , when the king was but a childe , went unto the house of baal , and brake down his images , &c. here is a reformation made without the king by the people . . grave expositors say , that the covenant with death and hell , esay . was the kings covenant with egypt . . and the covenant , hos . . is by none exponed of a covenant made without the king. i heard say , this prelate preaching on this text before the king , exponed it so , but he spake words ( as the text is ) falsly . the p. prelate , to the end of the chapter , giveth instance of the ill-successe of popular reformation , because the people caused aaron to make a golden calf , and they revolted from rehoboam to ieroboam , and made two golden calves , and they conspired with absolom against david . answ . if the first example make good any thing , neither the high-priest , as was aaron , nor the p. prelate , who claimeth to be descended of aarons house , should have any hand in reformation at all , for aaron erred in that ; and to argue from the peoples sins , to deny their power , is no better then to prove achab , ieroboam , and many kings in israel and judah , committed idolatry . ergo , they had no royall power at all . in the rest of the chapter , for a whole page , he singeth over again his mattens in a circle , and giveth us the same arguments we heard before ; of which you have these three notes . . they are stoln , and not his own . . repeated again and again to fill the field . . all hang on a false supposition , and a begging of the question : that the people without the king , have no power at all . quest . xxvii . whether or no the king be the sole supreme and finall interpreter of the law ? this question conduceth not a little to the clearing of the doubts concerning the kings absolute power , and the supposed sole nomothetick power in the king. and i thinke it not unlike to the question , whether the pope and romish church have a sole and peremptory power of exponing lawes , and the word of god ? we are to consider that there is a twofold exposition of lawes , one speculative in a schoole way , so exquisite iurists have a power to expone lawes . . practicall , in so farre as the sense of the law falleth under our practice , and this is twofold ; either private and common to all , or judiciall and proper to iudges , and of this last is the question . for this publicke , the law hath one fundamentall rule , salus populi , like the king of planets the sunne , which lendeth star-light to all lawes , and by which they are exponed ; whatever interpretation swarveth either from fundamentall lawes of policy , or from the law of nature , and the law of nations , and especially from the safety of the publick , is to be rejected as a perverting of the law : and therefore , conscientia humani generis , the naturall conscience of all men , to which the oppressed people may appeale unto , when the king exponeth a law unjustly , at his owne pleasure , is the last rule on earth , for exponing of lawes . nor ought lawes to be made so obscure , as an ordinary wit cannot see their connexion with fundamentall truths of policy , and the safety of the people , and therefore i see no inconvenience , to say that , the law it selfe is norma & regula judicandi , the rule and directory to square the iudge , and that the iudge is the publicke practicall interpreter of the law. assert . . the king is not the sole and finall interpreter of the law. . because then inferiour iudges should not be interpreters of the law , but inferiour iudges are no lesse essentially iudges , then the king. deut. . . chron. . . l pet. . . rom. . , . and so by office must interpret the law , else they cannot give sentence according to their conscience and equity , now exponing of the law judicially is an act of judging , and so a personall and incommunicable act , so as i can no more judge and expone the law according to another mans conscience , then i can beleeve with another mans soule , or understand with another mans understanding , see with another mans eye : the kings pleasure therefore cannot be the rule of the inferiour iudges conscience , for he giveth an immediate accompt to god the iudge of all , of a just or an unjust sentence . suppo●e caesar shall expone the law to pilate , that christ deserveth to dye the death , yet pilate is not in conscience to expone the law so . if therefore inferiour iudges judge for the king , they judge only by power borrowed from the king , not by the pleasure , will , or command of the king thus and thus exponing the law , ergo the king cannot be the sole interpreter of the law. . if the lord say not to the king only , but also to other inferiour iudges , be wise , understand , and the cause that you know not , search out ; then the king is not the only interpreter of the law. but the lord saith not to the king only , but to other iudges also , be wise , understand , and the cause that you know not search out , ergo the king is not the sole law-giver . the major is cleare from ps . . . be wise now therefore , o yee kings , be instructed yee iudges of the earth . so are commands and rebukes for unjust judgement given to others then to kings , ps . . , , , , . ps . . , . esay . , , . esay . . see iob. . , , , . c. . v. . . , the king is either the sole interpreter of law , in respect , he is to follow the law as his rule , and so he is a ministeriall interpreter of the law , or he is an interpreter of the law according to that super-dominion of absolute power , that he hath above the law. if the former be holden , then it is cleare that the king is not the only interpreter , for all iudges , as they are iudges , have a ministeriall power to expone the law by the law : but the second is the sense of royalists . hence our second assertion is , that the kings power of exponing the law , is a meere ministeriall power , and he hath no dominion of any absolute royall power , to expone the law as he will , and to put such a sense and meaning of the law as he pleaseth . . because saul maketh a law , sam. . . cursed be the man that tasteth any food till night , that the king may be avenged on his enemies , the law according to the letter was bloudy , but according to the intent of the law-giver , and substance of the law profitable , for the end was that the enemies should be persued with all speed . but king sauls exponing the law after a tyrannicall way , against the intent of the law , which is the diamond and pearle of all lawes , the safety of the innocent people , was justly resisted by the people , who violently hindered innocent jonathan to be killed . whence it is cleare , that the people and princes put on the law its true sense and meaning , for ionathans tasting of a little honey , though as it was against that sinfull and precipitate circumstance a rash oath , yet it was not against the substance and true intent of the law , which was the peoples speedy pursuite of the enemy . whence it is cleare , that the people including the princes , hath a ministeriall power to expone the law aright , and according to its genuine intent , and that the king as king hath no absolute power to expone the law as he pleaseth . . the kings absolute pleasure can no more be the genuine sense of a just law , then his absolute pleasure can be a law , because the genuine sense of the law is the law it selfe , as the formall essence of a thing differeth not really , but in respect of reason from the thing it selfe . the pope and romish church cannot put on the scripture , ex plenitudine potestatis , what ever meaning they will , no more then they can , out of absolute power , make canonicke scripture . now so it is , that the king by his absolute power cannot make law no law. . because he is king by , or according to law , but he is not king of law. rex est rex secundum legem , sed non est dominus & rex legis . . because although it have a good meaning , which vlpian saith , quod principi placet legis vigorem habet . the will of the prince is the law , yet the meaning is not that any thing is a just law , because it is the princes will , for its rule formally : for it must be good and just before the prince can will it , and then he finding it so , he puteth the stampe of a humane law on it . . this is the difference between gods will , and the will of the king , or any mortall creature . things are just and good , because god willeth them , especially things positively good ( though i conceive it hold in all things ) and god doth not will things , because they are good and just , but the creature , be he king , or any never so eminent , doe will things , because they are good and just , and the kings willing of a thing , maketh it not good and just : for only gods will , not the creatures will , can be the cause why things are good and just . if therefore it be so , it must undeniably hence follow , that the kings will maketh not a just law to have an unjust and bloody sense : and he cannot , as king , by any absolute super-dominion over the law , put a just sense on a bloody and unjust law. . the advancing of any man to the throne and royall dignitie , putteth not the man above the number of rationall men : but no rationall man can create , by any act of power , never so transcendent or boundlesse , a sense to a law , contrary to the law. nay , give me leave to doubt if omnipotencie can make a just law to have an unjust and bloody sense , aut contra : because it involveth a contradiction ; the true meaning of a law , being the essentiall forme of the law. hence judge what bruitish , swinish flatterers they are , who say , that it is the true meaning of the law , which the king , the only supreme and independent expositor of the law , saith is the true sense of the law. there was once an animal , a foole of the first magnitude , who said , he could demonstrate by invincible reasons , that the kings dung was more nourishing food , then bread of the floore of the finest wheat . for my part , i could wish it were the demonstrators only food for seven dayes ; and that should be the best demonstration he could make for his proofe . . it must follow , that there can be no necessitie of written laws to the subjects ; against scripture , and naturall reason , and the law of nations , in which all accord , that lawes not promulgated and published , cannot oblige as lawes : yea , adam , in his innocencie , was not obliged to obey a law not written in his heart by nature , except god had made known the law ; as is cleare , gen. . . hast thou eaten of the tree whereof i commanded thee that thou shouldest not eat ? but if the kings absolute will may put on the law what sense he pleaseth , out of his independent and irresistable supremacie ; the lawes promulgated and written to the subjects , can declare nothing , what is to be done by the subjects , as just , and what is to be avoyded as unjust : because the lawes must signifie to the subjects , what is just , and unjust , according to their genuine sense . now , their genuine sense , according to royalists , is not only uncertaine and impossible to be known , but also contradictorious : for the king obligeth us without gainsaying , to believe that the just law hath this unjust sense . hence this of flattering royalists , crueller to kings , than ravens , ( for these eat but dead men , and they devoure living men ) when there is a controversie between the king and the estates of parliament , who shall expone the law , and render its native meaning ? ( say royalists ) not the estates of parliament , for they are subjects , not iudges to the king , and only counsellers and advisers of the king. the king therefore must be the only judiciall and finall expositor . as for lawyers ( said strafford ) the law is not inclosed in a lawyers cap. but i remember this was one of the articles laid to the chargeb of richard the second , that he said , the law was in his head and breast . and indeed it must follow , if the king , by the plenitude of absolute power , be the only supreme , uncontrollable expositor of the law , that is not law which is written in the acts of parliament , but that is the law which is in the kings breast and head : which iosephus , lib. . antiq. c. . objected to caius . and all justice , and injustice should be finally and peremptorily resolved on the kings will and absolute pleasure . . the king either is to expone the law by the law it selfe ; or , by his absolute power loosed from all law , he exponeth it ; or according to the advise of his great senate . if the first be said , he is nothing more then other iudges . if the second be said , he must be omnipotent , and more . if the third be said , he is not absolute , if the senate be only advisers , and he yet the only iudiciall expositor . the king often professeth his ignorance of the lawes ; and he must then both be absolute above the law , and ignorant of the law , and . the sole and finall iudiciall exponer of the law : and by this , all parliaments , and their power of making lawes , and of judging , is cryed down . they object , prov. . . a divine sentence is in the lips of the king , his mouth transgresseth not in judgement , ergo , he only can expone the law. ans . . lavater saith , ( and i see no reason on the contrary ) by a king , he meaneth all magistrates . . aben ezra , and isidorus read the words imperatively . the tigurine version : they are oracles which proceed from his lips : let not therefore his mouth transgresse in judgement . vatabulus : when he is in his prophecies , he lyeth not . iansenius : non facile errabit in judicando . mich. iermine : if he pray . calvine : if he read in the booke of the law , as god commandeth him , deut. . but why stand we on the place ? he speaketh of good kings , saith cornel. a lapide . otherwise , ●eroboam , achab , manasseh , erred in judgement . and except , ( as mercerus exponeth it ) we understand him to speake of kings according to their office , not their facts and practice , we make them popes , and men who cannot give out grievous and unjust sentences on the throne : against both the word , and experience . object . . sometimes all is cast upon one mans voice , why may not the king be this one man ? answ . the antecedent is false , the last voter in a senate , is not the sole iudge , else why should others give suffrages with him . . this were to take away inferiour iudges , contrary to gods word , deut. . . chron. . , . rom. . , , . quest . xxviii . whether or no , wars raised by the subjects and estates , for their own just defence against the kings bloody emissaries , be lawfull ? arnisaeus perverteth the question ; he saith , the question is , whether or no , the subjects may according to their power , judge the king , and dethrone him ; that is , whether or no , is it lawfull for the subjects in any case , to take arms against their lawfull prince , if he degenerate , and shall wickedly use his lawfull power ? the state of the question is much perverted , for these be different questions , whether the kingdom may dethrone a wicked and tyrannous prince ? and whether may the kingdom take up arms against the man who is the king , in their own innocent defence : for the former is an act offensive , and of punishing , the latter is an act of defence . . the present question is not of subjects onely , but of the estates , and parliamentary lords of a kingdom ; i utterly deny these as they are iudges , to be subjects to the king ; for the question is , whether is the king , or the representative kingdom greatest , and which of them be subject one to another : i affirm , amongst iudges as iudges , not one is the commander or superiour , and the other , the commanded or subject . indeed , one higher iudge may correct and punish a iudge , not as a iudge , but as an erring man. . the question is not so much concerning the authoritative act of war , as concerning the power of naturall defence , upon supposition , that the king be not now turned an habituall tyrant , but that upon some acts of mis-information , he come in arms against his subjects . . arnisaeus maketh two sort of kings , some kings integrae majestatis , of intire power and soveraignty ; some kings by pactions or voluntary agreement , between king and people . but i judge this a vain distinction : for the limited prince , so he be limited to a power onely of doing just and right ; by this is not a prince integrae majestatis of entire royall majestie , whereby he may do both good , and also play the tyrant ; but a power to do ill , being no wayes essentiall , yea , repugnant to the absolute majestie of the king of kings , cannot be an essentiall part of the majestie of a lawfull king ; and therefore the prince limited by voluntary and positive paction onely , to rule according to law and equity , is the good , lawfull , and entire prince , if he have not power to do every thing just and good in that regard , onely he is not an intire and compleat prince . so the man will have it lawfull to resist the limited prince , not the absolute prince ; by the contrary , it is more lawfull to me to resist the absolute prince , then the limited , in as much , as we may with safer consciences resist the tyrant , and the lyon , then the just prince and the lamb. nor can i assent to cunnerus de officio princip . christia . c. . & . who holdeth , that these voluntary pactions betwixt king and people , in which the power of the prince is diminished , cannot stand , because their power is given to them by gods word , which cannot be taken from them , by any voluntary paction , lawfully ; and from the same ground , winzetus in velit . contr . buchan . p. . will have it unlawfull to resist kings , because god hath made them unresistable . i answer , if god by a divine institution make kings absolute , and above all laws ( which is a blasphemous supposition , the holy lord can give to no man a power to sin , for god hath not himself any such power ) then the covenant betwixt the king and people , cannot lawfully remove and take away what god by institution has given ; but because god , deut. . hath limited the first lawfull king , the mould of all the rest , the people ought also to limit him by a voluntary covenant ; and because the lawfull power of a king to do good , is not by divine institution placed in an indivisible point . it is not a sin for the people to take some power , even of doing good from the king , that he solely , and by himself , shall not have power to pardon an involuntary homicide , without advice , and the judiciall suffrages of the councell of the kingdom , least he , insteed of this , give pardons to robbers , to abominable murtherers , and in so doing , the people robbeth not the king of the power that god gave him as king , nor ought the king to contend for a sole power in himself , of ministring justice to all ; for god layeth not upon kings , burdens unpossible , and god by institution , hath denied to the king , all power of doing all good , because it is his will that other iudges be sharers with the king in that power , num. . deut. . . , , . pet. . . rom. . , , , . and therefore the duke of venice to me cometh neerest to the king , moulded by god , deut. . in respect of power , de jure , of any king i know in europe . and in point of conscience , the inferiour iudge discerning a murtherer , and bloody man to die , may in foro conscientiae , despise the kings unjust pardon , and resist the kings force by his sword and coactive power that god hath given him , and put to death the bloody murtherer , and he sinneth , if he do not this ; for to me it is clear , the king cannot judge so justly and understandingly of a murtherer in scotland , as a iudge , to whom god hath committed the sword in scotland : nor hath the lord laid that unpossible burden on a king to judge so of a murther four hundreth miles , removed from the king , as the iudge nearer to him , as is clear by num. . sam. . , , . the king should go from place to place , and judge ; and whereas it is unpossible to him , to go thorow three kingdoms , he should appoint faithfull iudges , who may not be resisted , no not by the king. . the question is , if the king command a. b. to kill his father , his pastour ; the man neither being cited nor convicted of any fault , may lawfully be resisted . . queritur , if in that case in which the king is captived , imprisoned , and not sui juris , and awed or over-awed by bloody papists , and so is forced to command a barbarous and unjust war ; and if being distracted physically or morally through wicked counsell , he command that which no father in his sober wits would command , even against law and conscience , that the sons should yeild obedience and subjection to him , in maintaining with lives and goods , a bloody religion , and bloody papists : if in that case , the king may not be resisted in his person , because the power lawfull and the sinfull person cannot be separated ? we hold the king using , contrary to the oath of god , and his royall office , violence in killing against law and conscience his subjects , by bloody emissaries , may be resisted by defensive wars , at the commandment of the estates of the kingdom . but before i produce arguments , to prove the lawfulnesse of resistance , a little of the case of resistance . . doct. ferne , part . . sect . . pag. . granteth resistance by force to the king to be lawfull . . when the assault is sudden . . without colour of a law , and reason . . inevitable . but if nero burn rome , he hath a colour of law and reason ; yea , if all rome , and his mother , in whose womb he lay , were one neck . a man who will with reason go mad , hath colour of reason , and so of law , to invade and kill the innocent . . arnisaeus saith , if the magistrate proceed extra-judicialiter , without order of law by violence , the laws giveth every private man power to resist , if the danger be irrecoverable ; yea , though it be recoverable . l. prohibitum , c. de jur . fisc . l. quemadmodum . . § . magistratus ad l. aquil. l. nec magistratibus , . de injur . because while the magistrate doth against his office , he is not a magistrate , for law and right , not injury , should come from the magistrate . l. meminerint . . c. unde vi . yea , if the magistrate proceed judicially , and the losse be irrecoverable . jurists say , that a private man hath the same law to resist , marantius ▪ dis . . n. . and in a recoverable losse , they say , every man is holden to resist , si evidenter constet de iniquitate ; if the iniquity be known to all , d. d. iason . n. . dec . n. . ad l. ut vim de just . & jur . . i would think it not fit , easily to resist the kings unjust exactors of custome or tribute ; . because christ payed tribute to tiberius caesar , an unjust usurper , though he was free from that , by gods law , least he should offend . . because we have a greater dominion over goods , then over our lives and bodies ; and it is better to yield in a matter of goods , then to come to arms ; for of sinlesse evils , we may choose the least . . a tyrant without a title may be resisted by any private man. quia licet vim vi repellere ; because we may repell violence by violence , yea , he may be killed . v● l. & vim . f. de iustit . & jure , ubi plene per omnes . vasquez , l. . c. s. n. . barcla . contra . monaroho . l. . c. . pag. . for the lawfulnesse of resistance in the matter of the kings unjust invasion of life and religion , we offer these arguments . . that power which is obliged to command and rule justly and religiously , for the good of the subjects , and is only set over the people on these conditions , and not absolutely , cannot tye the people to subjection without resistance , when the power is abused to the destruction of lawes , religion , and the subjects . but all power of the law is thus obliged , rom. . . deut. . vers . , , . chron. . . ps . . , . ps . . , . sam. . . ier. . , . and hath , and may be abused by kings , to the destruction of lawes , religion , and subjects . the proposition is cleare , for the powers that tye us to subjection , only are of god. . because to resist them , is to resist the ordinance of god. . because they are not a terrour to good workes , but to evill . . because they are gods ministers for our good , but abused powers are not of god , but of men , or not ordinances of god : they are a terrour to good workes , not to evill ; they are not gods ministers for our good . . that power which is contrary to law , and is evill and tyrannicall , can tye none to subjection , but is a meere tyrannicall power and unlawfull ; and if it tye not to subjection , it may lawfully be resisted . but the power of the king abused to the destruction of lawes , religion , and subjects , is a power contrary to law , evill and tyrannicall , and tyeth no man to subjection ; wickednesse by no imaginable reason can oblige any man. obligation to suffer of wicked men , falleth under no commandement of god , except in our saviour . a passion , as such , is not formally commanded , i meane a physicall passion , such as to be killed . god hath not said to me in any morall law , be thou killed tortured , beheaded ; but only , be thou patient , if god deliver thee to wicked mens hands , to suffer these things . . there is not a stricter obligation morall betwixt king and people , then betwixt parents and children , master and servant , patron and clients , husband and wife , the lord and the vassell ; between the pilot of a ship and the passengers , the physitian and the sick , the doctor and the schollars : but the law granteth l. minime . de relig. & sumpt . funer . if these betray their trust committed to them , they may be resisted ; if the father turne distracted , and arise to kill his sonnes , his sonnes may violently apprehend him , and bind his hands , and spoile him of his weapons : for in that he is not a father , vasquez , lib. . illustr . question . c. . n. . si dominus subditum enormiter & atrociter oneraret , princeps superior vassallum posset ex t●●o e●imere a sua jurisdictione , & etiam tacente subdito & nihil petente . quid papa in suis decis . parliam . grat . decis . . si quis baro. abutentes dominio privari possunt . the servant may resist the master , if he attempt unjustly to kill him ; so may the wife doe to the husband : if the pilot should wilfully run the ship on a rock to destroy himselfe and his passengers , they might violently thrust him from the helme . every tyrant is a furious man , and is morally distracted , as althusius saith , politi . c. . n. . & seq . . that which is given as a blessing and a favour , and a scrine betweene the peoples liberty and their bondage , cannot be given of god , as a bondage , and slavery to the people . but the power of a king is given as a blessing , and favour of god to defend the poore and needy , to preserve both tables of the law , and to keepe the people in their liberties from oppressing and treading one upon another . but so it is , that if such a power be given of god to a king , by which , actu primo , he is invested of god , to doe acts of tyranny , and so to doe them , that to resist him in th● most innocent way , which is selfe defence , must be a resisting of god , and rebellion against the king , his deputy , then hath god given a royall power as incontrollable by mortall men , by any violence , as if god himselfe were immediatly and personally resisted , when the king is resisted , and so this power shall be a power to wast and destroy irresistably , and so in it selfe a plague and a curse ; for it cannot be ordained both according to the intention and genuine formall effect , and intrinsecall operation of the power to preserve the tables of the law , religion and liberty , subjects and lawes , and also to destroy the same ; but it is taught by royalists that this power is for tyranny , as well as for peaceable government , because to resist this royall power put forth in acts either waies , either in acts of tyranny , or just government , is to resist the ordinance of god , as royalists say , from rom. . , , . and we know to resist gods ordinances and gods deputy , formaliter , as his deputy , is to resist god himselfe , sam. . . mat. . . as if god were doing personally these acts , that the king is doing , and it importeth as much as the king of kings doth these acts in , and through the tyrant . now it is blasphemy to thinke or say , that when a king is drinking the blood of innocents , and wasting the church of god , that god , if he were personally present , would commit these same acts of tyranny , ( god would avert such blasphemy ) and that god in , and through the king , as his lawfull deputy , and vicegerent in these acts of tyranny , is wasting the poore church of god. if it be said in these sinfull acts of tyranny , he is not gods formall vicegerent , but only in good and lawfull acts of government , yet he is not to be resisted in these acts , not because the acts are just and good , but because of the dignity of his royall person . yet this must prove that these who resist the king in these acts of tyranny , must resist no ordinance of god , but only that we resist him , who is the lords deputy , though not as the lords deputy ; what absurd is there in that more then to disobey him , refusing active obedience to him who is the lords deputy , but not as the lords deputy , but as a man commanding , beside his masters warrant ? . that which is inconsistent with the care and providence of god in giving a king to his church , is not to be taught . now gods end in giving a king to his church , is the feeding , safetie , preservation , the peaceable and quiet life of his church , tim. . . esa . . . psal . . . but god should crosse his own end in the same act of giving a king , if he should provide a king , who , by office , were to suppresse robbers , murtherers , and all oppressors and wasters in his holy mount : and yet should give an irresistible power to one crowned lyon , a king , who may kill a thousand thousand protestants for their religion , in an ordinary providence , and they are by an ordinary law of god to give their throats to his emissaries and bloody executioners . if any say , the king will not be so cruell : i beleeve it ; because , actu secundo , it is not possibly in his power to be so cruell . . we owe thanks to his good will , that he killeth not so many ▪ but no thanks to the nature and genuine intrinsecall end of a king , who hath power from god to kill all these , and that without resistance made by any mortall man. yea , no thanks ( god avert blasphemie ) to gods ordinary providence , which ( if royalists may be beleeved ) putteth no barre upon the illimited power of a man inclined to sinne , and abuse his power to so much crueltie . some may say , the same absurditie doth follow , if the king should turne papist , and the parliament all were papists ; in that case there might be so many martyrs for the truth put to death : and god should put no bar of providence upon this power , then , more then now : and yet in that case , the king and parliament , should be iudges given of god , actu primo , and by vertue of their office obliged to preserve the people in peace and godlinesse . but i answer : if god gave a lawfull officiall power to king and parliament to worke the same crueltie upon millions of martyrs , and it should be unlawfull for them by armes to defend themselves ; i should then think that king and parliament were both ex officio , by vertue of their office , and actu primo , iudges and fathers , and also by that same office , murtherers and butchers . which were a grievous aspersion to the unspotted providence of god. . if the estates of a kingdome give the power to a king , it is their own power in the fountaine ; and if they give it for their own good , they have power to judge when it it used against themselves , and for their evill ; and so power to limit and resist the power that they gave . now that they may take away this power , is cleare in athaliahs case . it is true , she was a tyrant without a title , and had not the right of heaven to the crown ; yet she had , in mens court , a title . for supposing all the seed royall to be killed , and the peoples consent ; we cannot say , that for these sixe yeares , or thereabout , she was no magistrate . . that there were none on the throne of david at this time . . that she was not to be obeyed as gods deputie . but grant that she was no magistrate : yet when iehoash is brought forth to be crowned , it was a controversie to the states , to whom the crown should belong . . athaliah was in possession . . iehoash himselfe being but seven yeares old , could not be iudge . . it might be doubted , if ioash was the true sonne of ahaziah , and if he was not killed with the rest of the blood royall . two great adversaries say with us : hugo grotius , de jur ▪ belli & pacis , l. . c. . n. . he saith , he dare not condemne this , if the lesser part of the people , and every one of them indifferently , should defend themselves against a tyrant , ultimo necessitatis praesidio . the case of scotland , when we were blocked up by sea and land , with armes : the case of england , when the king , induced by prelates , first attempted to bring an army to cut off the parliament , and then gathered an army , and fortified yorke , and invaded hull , to make the militia his own , sure is considerable . barclay saith , the people hath jus se tuendi adversus immanem saevitiem . advers . monarchomach . l. . c. . a power to defend themselves against prodigious crueltie . the case of england and ireland , now invaded by the bloody rebels of ireland , is also worthy of consideration . i could cite hoasts more . quest . xxix . whether , in the case of defensive warre , the distinction of the person of the king , as a man , who can commit acts of hostile tyrannie against his subjects : and of the office and royall power that he hath from god , and the people , as a king ; can have place ? before i can proceed to other scripture-proofes for the lawfulnesse of resistance ; this distinction , rejected by royalists , must be cleered . this is an evident and sensible distinction : the king in concreto , the man who is king ; and the king in abstracto , the royall office of the king. the ground of this distinction we desire to be considered from , rom. . we affirme with buchanan , that paul , rom. , speaketh of the office and duty of good magistrates , and that the text speaketh nothing of an absolute king , nothing of a tyrant ; and the royalists distinguish where the law distinguisheth not , against the law , l. pret . . gl . bart. de pub . in rem . and therefore we move the question here , whether or no to resist the illegall and tyrannicall will of the man , who is king , be to resist the king , and the ordinance of god , we say no : nor doe we deny the king , abusing his power in unjust acts , to remaine king , and the minister of god , whose person for his royall office , and his royall office both are to be honoured , reverenced and obeyed . god forbid that we should doe so as the sonnes of belial , imputing to us the doctrine of anabaptists , and the doctrine falsely imputed to wicliffe , that dominion is founded upon supernaturall grace , and that a magistrate being in the state of mortall sin , cannot be a lawfull magistrate ▪ we teach no such thing . the p. prelate sheweth us his sympathy with papists , and that he buildeth the monuments and sepulchres of the slaine and murthered prophets ▪ when he refusing to open his mouth in the gates for the righteous , professeth he will not purge the witnesses of christ , the waldenses and wicliffe , and husse of these notes of disloyalty , but that these acts proceeding from this roote of bitternesse , the abused power of a king should be acknowledged with obedience active or passive , in these unjust acts , we deny . . assert . it is evident from rom. . that all subjection and obedience to higher powers commanded there is subjection to the power and office of the magistrate in abstracto , or ( which is all one ) to the person using the power lawfully , and that no subjection is due by that text , or any word of god , to the abused and tyrannicall power of the king , which i evince from the text , and from other scriptures . . because the text saith , let every soule be subject to the higher powers . but no powers commanding things unlawfull , and killing the innocent people of god , can be 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 higher powers , but in that lower powers . . he that commandeth not what god commandeth , and punisheth and killeth where god is personally and immediatly present , would neither command nor punish , is not in these acts to be subjected unto , and obeyed as a superiour power , though in habit he may remaine a superiour power , for all habituall , all actuall superiority is a formall participation of the power of the most high . . arnisaeus well saith , that of aristotle must be true , it is against nature , that better and worthier men should be in subjection to unworthier , and more wicked men : but in this when magistrates command wickednesse , and killeth the innocent , the non-obeyers eatenus in so far , are worthier the commanders ( whatever they be in habite and in office ) actually , or in these wicked acts are unworthier and inferiour , and the non-obeyers are in that worthier , as being zealous adherents to gods command , and not to mans will. i desire not to be mistaken , if we speake of habituall excellency , godly and holy men as the witnesses of christ in things lawfull , are to obey wicked and infidell kings and emperours , but in that these wicked kings have an excellency in respect of office above them ; but when they command things unlawfull , and kill the innocent , they doe it not by vertue of any office , and so in that they are not higher powers , but lower and weak ones . laertius doth explain aristotle well , who defineth a tyrant by this , that he commandeth his subjects by violence , and arnisaeus condemneth laertius for this , because one tyrannicall action doth no more constitute a tyrant , then one unjust action doth constitute an unjust man. but he may condemne ( as he doth indeed ) for this also covarruvias pract . quest . c. . and vasquez illustr . quest . l. . c. . nu . . . for this is essentiall to a tyrant , to command and rule by violence . if a lawfull prince doe one , or more acts of a tyrant , he is not a tyrant for that , yet his action in that is tyrannicall , and he doth not that as a king , but in that act as a sinfull man , having something of tyrannie in him . . the powers , rom. . . that are , ordained of god , as their author and efficient ; but kings commanding unjust things , and killing the innocent , in these acts , are but men , and sinfull men ; and the power by which they doe these acts , a sinfull and an usurped power , and so far they are not powers ordained of god , according to his revealed will , which must rule us . now the authoritie and officiall power , in abstracto , is ordained of god , as the text saith , and other scriptures doe evidence . and this polititians doe cleare , while they distinguish betwixt jus personae , and jus coronae , the power of the person , and the power of the crown and royall office . they must then be two different things . . he that resisteth the power , that is , the officiall power , and the king , as king , and commanding in the lord , resisteth the ordinance of god , and gods lawfull constitution , v. . but he who resisteth the man , who is the king , commanding that which is against god , and killing the innocent ; resisteth no ordinance of god , but an ordinance of sin and sathan : for a man commanding unjustly , and ruling tyrannically , hath , in that , no power from god. . they that resist the power and royall office of the king in things just and right , shall receive to themselves damnation , ver . . but they that resist , that is , refuse , for conscience , to obey the man who is the king , and choose to obey god rather then men , as all the martyrs did , shall receive to themselves salvation . and the valiant men , the priests , who used bodily violence against king vzzahs person , and thrust him out of the house of the lord , from offering incense to the lord , which belonged to the priest only : received not damnation to themselves , but salvation in doing gods will , and in resisting the kings wicked will. arg. . the lawfull ruler , as a ruler , and in respect of his office , is not to be resisted , because he is not a terrour to good workes , but to evill ; and no man who doth good , is to be afraid of the office , or the power , but to expect praise , and a reward of the same , v. . but the man who is a king , may command an idolatrous and superstitious worship , send an army of cut-throats against them , because they refuse that worship : and may reward papists , prelates , and other corrupt men , and may advance them to places of state and honour , because they kneele to a tree-altar , pray to the east , adore the letters and sound of the word [ jesus ] teach and write arminianisme : and may imprison , deprive , confine , cut the eares , and ▪ rip the noses , and burne the faces of those who speake , and preach ▪ and write the truth of god : and may send armies of cut-throats , irish rebels , and other papists , and malignant atheists , to destroy and murther the iudges of the land , and innocent defenders of the reformed religion , &c. the man ( i say ) in these acts , is a terrour to good workes , an incouragement to evill : and those that doe good , are to be afraid of the king , and to expect no praise , but punishment and vexation from him ; ergo , this reason in the text will prove that the man , who is the king , in so far as he doth these things that are against his office , may be resisted ; and that in these we are not to be subject , but only we are to be subject to his power and royall authoririe , in abstracto , in so farre as according to his office , he is not a terrour to good workes , but to evill . . the lawfull ruler is the minister of god , or the servant of god , for good to the commonwealth : and to resist the servant in that wherein he is a servant , and using the power that he hath from his master , is to resist the lord his master , v. . but the man who is the king , commanding unjust things , and killing the innocent ; in these acts , is not the minister of god , for the good of the commonwealth : he serveth himselfe , and papists and prelates , for the destruction of religion , lawes and commonwealth : therefore the man may be resisted , by this text , when the office and power cannot be resisted . . the ruler , as the ruler , and the nature and intrinsecall end of the office is , that he beare gods sword , as an avenger to execute wrath on him that doth evill , v. . and so cannot be resisted without sinne . but the man who is the ruler , and commandeth things unlawfull , and killeth the innocent ; carieth the papists and prelates sword , to execute , not the righteous judgement of the lord , upon the ill-doer ; but his own private revenge , upon him that doth well : ergo , the man may be resisted , the office may not be resisted : and they must be two different things . . we must needs be subject to the royall office , for conscience , v. . by reason of the fifth commandement . but we must not needs be subject to the man who is king , if he command things unlawfull : for d. ferne warranteth us to resist , if the ruler invade us sodainly ; . without colour of law or reason ; . vnavoydably . and winzetus , and barclay , and grotius , as before i cited , give us leave to resist a king , turning a cruell tyrant . but paul , rom. . forbiddeth us to resist the power , in abstracto ; ergo , it must be the man , in concreto , that we must resist . . those we may not resist , to whom we owe tribute , as a reward of the onerous worke , on which they , as ministers of god , doe attend continually . but we owe not tribute to the king as a man ; for then should we be addebted tribute to all men : but as a king , to whom the wages of tribute is due , as to a princely workman , a king as a king : ergo , the man and the king are different . . we owe fear and honour as due , to be rendred to the man who is king , because he is a king , not because he is a man ; for it is the highest feare and honour due to any mortall man , which is due to the king , as king. . the man , and the inferiour judge are different : and we cannot , by this text , resist the inferiour iudge , as a iudge , but we resist the ordinance of god , as the text proveth . but cavaliers resist the inferior iudges as men , and have killed divers members of both houses of parliament : but they will not say , that they killed them as judges , but as rebels . if therefore to be a rebell , as a wicked man , and to be a iudge , are differenced thus : then , to be a man , and to commit some acts of tyrannie ; and to be the supreme iudge and king , are two different things . . mr. knox , hist . of scotland , l. . the congregation , in a letter to the nobilitie , say : there is great difference betwixt the authoritie , which is gods ordinance , and the persons of those who are placed in authoritie . the authoritie , and gods ordinances can never doe wrong ; for it commandeth that vice and wicked men be punished , and vertue , with vertuous men and just . be maintained : but the corrupt person placed in this authoritie , may offend , and most commonly doe contrary to this authoritie : and is then the corruption of man to be followed , by reason that it is clothed with the name of authoritie ? and they give instance in pharaoh and saul , who were lawfall kings , and yet corrupt men. and certainly , the man , and the divine authoritie , differ as the subject and the accident ; as that which is under a law , and can offend god ; and that which is neither capable of law , nor sinne . . the king , as king , is a just creature , and by office a living and breathing law : his will , as he is king , is nothing but a just law : but the king , as a sinfull man , is not a just creature , but one who can sinne , and play the tyrant : and his will , as a private sinfull man , is a private will , and may be resisted . so the law saith , the king , as king , can doe no wrong : but the king , as a man , may doe a wrong . while as then the parliaments of both kingdomes resist the kings private will , as a man , and fight against his illegall cut-throats , sent out by him , to destroy his native subjects , they fight for him as a king , and obey his publick legall will , which is his royall will , de jure , and while he is absent from his parliaments as a man , he is legally and in his law-power present , and so the parliaments are as legall , as if he were personally present with them . let me answer royalists . the p. prelate saith it is solomons word , by me kings raign . kings in concreto , with their soveraignty , he saith not , by me royalty or soveraignty raigneth . and elsewhere he saith , that barclay saith , paul writing to the romans , keepeth the roman usuall diction in this , who expresse by powers in abstracto , the persons authorized by power , and it is the soriptures dialect ; by him were created thrones , dominions , principalities , that is angels , to say angels , in abstracto , were created , pet. . . they speak ill of dignities , iud. . dispise dominion . that is , they speak ill of cajus , caligula , nero ; our levites rail against the lords anoynted , the best of kings in the world . nero , rom. . . in concreto beareth not the sword in vain . arnisaeus saith it better then the prelate , ( he is a witlesse theef . rom. . . the royall power in abstracto , doth not bear the sword , but the person , not the power but the prince himself beareth the sword . and the prelate poor man following doctor fern saith , it s absurd to pursue the kings person with a canon-bullet at edge-hill , and preserve his authority at london , or elsewhere . so saith fern . sect . . pag. . the concret powers here are purposed as objects of our obedience , which cannot be directed , but upon power in some person , for it is said 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , the powers that are , are of god , now power cannot be 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 existent , but in some person ; and pag. . saith fern , can power in the abstract have praise ? or is tribute payed to the power in the abstract . yea the power is the reason why we yeeld obedience to the person , &c. and the prelate hath as much learning as to coppy out of fern , and barclay , arniseus , and others these words and the like , but hath not wit to adde the sinewes of these authors reason , and with all this he can in his preface call it his own , and provoke any to answer him if they dare , whereas while i answer this excommunicated pamphletter . i answer these learned authors , from which he stealeth all he hath , and yet he must perswade the king , he is the onely man can defend his majesties cause , and the importunity , forsooth , of friends extorted this peece , as if it were a fault , that this delphick oracle ( giving out railings , and lies for responses ) should be silent . . not we onely , but the holy ghost , in terminis , hath this distinction , act. . . and . . we ought to obey god rather then men . them rulers ( for of rulers sitting in judgement is that speech uttered ) commanding and tyrannizing over the apostles , are men contradistinguished from god ; and as they command and punish unjustly , they are but men , otherwise commanding for god , they are gods , and more then men . . from theophylact also , or from chrysostome , on rom. . we have this ; the apostle speaketh not ( say they ) 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . . soveraigntie or royaltie , doth not properly reign or bear the sword , or receive praise , and this accident doth not bear a sword ; nor do we think , or paul speak , rom. . of the abstracted jew of power and royaltie , subsisting out of its subject ; nor dream we , that the naked accident of royall authority , is to be feared and honoured as the lords anointed ; the person or man who is the king , and beareth the crown on his head , and holdeth the scepter in his hand , is to be obeyed ; accidentes are not persons , but they speak non-sense , and like brute beasts , who deny that all the kingly honour due to the king , must be due to him as a king , and because of the royall dignity that god hath given to him , and not because he is a man ; for a pursevants son is a man , and if a pursevants son would usurpe the throne , and take the crown on his head , and the scepter in his hand , and command that all souls be subject to such a superior power , because he is a man , the lawes of scotland would hang a man for a lesse fault , we know : and the p. prelate was wont to edifie women , and converted souls to christ , with such a distinction as objectum quod , and objectum quo , in the pulpits of edenburgh , and it hath good use here , we never took abstract royalty to be the king. the kings of scotland of old were not second notions , and we exclude not the person of the king , yet we distinguish with leave of the p. prelate betwixt the person in linea physica , we must take ( physica ) largly heer and in linea morali , obedience , fear , tribute , honour is due to the person of the king , and to the man who is king , not because of his person , or because he is a man ( the p. prelate may know in what notion , we take the name ( person ) but because god by the peoples election , hath exalted him to royall dignity , and for this cause ill doers are to subject their throats and necks to the sword of the lords annoynteds executioner or hangman with patience , and willingly , because in taking away the head of ill doers , for ill doing , he is acting the office of the lord , by whom he raigneth ; but if he take away their heads , and send out the long-tusked vultures and boares of babylon , the irish rebells to execute his wrath , as he is in that act a mis-informed man , and wanteth the authority of gods law , or mans law , he may be resisted with armes . for . if royalists say against this , then if a king turne an habituall tyrant , and conduce an hundred thousand turkes to destroy his subjects upon meere desire of revenge , they are not to resist , but to be subject , and suffer for conscience . i am sure grotius saith , if a king sell his subjects , he loseth all title to the crowne , and so may be resisted , and winzetus saith , a tyrant may be resisted , and barclay , it is lawfull for the people in case of tyranny to defend themselves adversus immanem saevetiam , against extreame cruelty : and i desire the prelate to answer how people are subject in suffering such cruelty of the higher power , because he is gods ordinance , and a power from god , except he say , as he selleth his people , and barbarously destroyeth by cut-throat irishes , his whole subjects refusing to worship idolls , he is a man and a sinfull man , eatenus , and an inferiour power inspired by wicked counsell , not a king , eatenus , not a higher power , and that in resisting him thus , the subjects resist not the ordinance of god. also suppone king david defend his kingdome and people against iesse his naturall father , who we suppose cometh in against his sonne and prince , king david , with a huge army of the philistimes , to destroy him and his kingdome , if he shall kill his owne native father , in that warr at some edge-hill , how shall he preserve at ierusalem that honour , & love that he oweth to his father , by vertue of the fifth commandement , honour thy father and thy mother , &c. let them answer this , except king david consider iesse in one relation , in abstracto , as his father , whom he is to obey , and as he is a wicked man , and a perfidious subject , in another relation , and except king david say , he is to subject himselfe to his father as a father , according to the fifth commandement , and that in the act of his fathers violent invasion , he is not to subject himselfe to him , as he is a violent invader , and as a man. let the royalist see how he can answer the argument , and how levie is not to know his father and mother as they are sinfull men , deut. . . and yet to know and honour them as parents ; and how an israelite is not to pitty the wife that lyeth in his bosome , when she inticeth him to goe a whooring after strange gods , but is to kill her , deut. . , , . and yet the husband is to love the wife as christ loved his church , eph. . . if the husband take away his wives life in some mountaine in the holy land , as gods law commandeth , let the royalists answer us , where is then the meritall love he owes to her , and that respect due to her as she is a wife and a helper . but let not the royalist infer , that i am from these examples pleading for the killing of kings , for lawfull resistance is one thing , and killing of kings is another ; the one defensive and lawfull , the other offensive and unlawfull , so long as he remaineth a king , and the lords anoynted : but if he be a murtherer of his father , who doth counsell his father to come to a place of danger , where he may be killed , and where the king ought not to be , as abner was worthy of death , who watched not carefully king saul , but slept when david came to his bed side , and had opportunity to kill the king , they are traitors and murtherers of the king , who either counselled his majesty to come to edge-hill , where the danger was so grett , or did not violently restraine him from comming thither , seeing kings safety and lives are as much , yea more in the disposing of the people then in their owne private will , sam. . , . for certainly the people might have violently restrained king saul from killing himselfe , and the king was guilty of his own death , and sinneth against his office and subjects , who commeth out in person to any such battles where he may be killed , and the contrary party free of his blood . and here our prelate is blind , if he see not the cleare difference between the kings person , and the office as he is king , and between his private will , and his publicke and royall will. . the angels may be named thrones and dominions in abstracto , and yet created , in concreto , and we may say the angell and his power are both created at once ; but david was not both borne the son of iesse , and a king at once : and the p. prelate , by this may prove it is not lawfull to resist the divell ( for he is of the number of these created angells , col. . ) as he is a divell , because in ▪ resisting the divell as a divell , we must resist an angell of god , and a principality . . to speake ill of dignities , pet. . and iud. . piscator insinuateth is , to speake evill of the very office of rulers , as well as of their manners ; and theodat . saith , on pet. . that these raylers spake evill of the place of governours and masters , as unb●seeming beleevers . all our interpreters , as beza , calvin , luther , bucer , marloratus from the place saith , it is a speciall reproofe of anabaptists and libertines , who in that time maintained , that we are all free men in christ , and that there should not be kings , masters , nor any magistrates ; however the abstract is put for the concrete , its true , and it saith we are not to raile upon nero , but to say nero was a persecutor of christians , and yet obey him commanding what is just , are very consistent . . the persons are proposed , rom. . to be the object of our obedience , saith d. ferne , it is very true ; but he is ignorant of our mind in exponing the word person : we never meant that feare , honour , royalty , tribute , must be due to the abstracted accident of kingly authority , and not to the man who is king. nor is it our meaning that royalty in abstracto is crowned king , and is anoynted , but that the person is crowned and anoynted . but againe by a person we meane nothing lesse then the man nero wasting rome , burning , crucifying paul , and torturing christians , and that we owe subjection to nero , and to his person in concreto as to gods ordinance , gods minister , gods sword-bearer in that notion of a person ; is that only that we deny . nay in that nero in concreto to us , is no power ordained of god , no minister of god , but a minister of the divell , and sathans armour-bearer , and therefore we owe not feare , honour , subjection , and tribute to the person of nero. but the person thus far is the object of our obedience ; that feare , honour , subjection , and tribute must be due to the man in concreto , to his person who is prince ; but not because he is a man , or a person simply , or a sword ▪ bearer of papists , but for his office , for that eminent place of royall dignity that god hath conferred on his person . we know the light of the sun ▪ the heate of fire , in abstracto , doe not properly give light and heat , but the sun and fire , in concreto ; yet the principium quo , ratio qua , the principles of these operations in sun and fire be light & heate , and we ascribe illuminating of dark bodies , heating of cold bodies to sun and fire in concreto , yet not to the subjects simply , but to them as affected with such accidents : so here we honour and submit to the man who is king , not because he is a man , that were treason ; not because he useth his sword against the church , that were impiety : but because of his royall dignity , and because he useth it for the lord. it is true , arnisaeus , barclay , ferne , say , that kings leave not off to be kings , when they use their power and sword against the church and religion . and also it is considerable , that when the worst of emperors bloody nero did raigne , the apostle presseth the duty of subjection to him , as to a power appointed of god , and condemneth the resisting of nero , as the resisting of an ordinance of god. and certainely if the cause and reason in point of duty morall , and of conscience before god remaine in kings , to wit , that while they are enemies and persecutors as nero was , their royall dignity given them of god remaineth , then subjection upon that ground is lawfull , and resistance unlawfull . ans . it is true so long as kings remaine kings , subjection is due to them because kings , but that is not the question . but the question is , if subjection be due to them , when they use their power unlawfully and tyrannically . what ever david did , though he was a king , he did it not as king , he deflowred not bathsheba as king , and bathsheba might with bodily resistance and violence lawfully have resisted king david , though kingly power , remained in him , while he should thus attempt to commit adultery ; else david might have said to bathshba , because i am the lords anoynted , it is rebellion in thee a subject to oppose any bodily violence to my act of forcing of thee , it is unlawfull to thee to cry for helpe , for if any shall offer violently to rescue thee from me , he resisteth the ordinance of god. subjection is due to nero as an emperour , but not any subjection is due to him in the burning of rome , and torturing of christians , except you say that nero's power abused in these acts of cruelty was , . a power from god. . an ordinance of god. . that in these , he was the minister of god for the good of the common-wealth . because some beleeved christians were free from the yoake of magistracy , and that the dignity it selfe was unlawfull . and . because , ch . . he had set downe the lawfull church rulers , and in this and the following chapter the duties of brotherly love of one toward another . so here ch . . he teacheth that all magistrates , suppose heathen , are to be obeyed and submitted unto in all things , so far as they are ministers of god. arnisaeus objecteth to buchan . if we are by this place to subject our selves to every power in abstracto , then also to a power contrary to the truth , and to a power of a king exceeding the limits of a king , for such a power is a power , and we are not to distinguish where the law distinguisheth not . ans . the law clearely distinguisheth we are to obey parents in the lord , and if nero command idolatry , this is an excessive power ; are we obliged to obey , because the law distinguisheth not ? . the text saith , we are to obey every power , . from god , . that is gods ordinance , . by which the man is a minister of god for good ; but an unjust and excessive power is none ofthese three . . the text in words distinguisheth not obedience active in things wicked , and lawfull : yet we are to distinguish . mr. symmons . is authoritie subjected solely in the kings law , and no whit in his person , though put upon him both by god and man ? or , is authoritie only the subject ; and the person exercising the authoritie , a bare accident to that , being in it only more separably , as pride and folly are in a man : then if one in authoritie command , out of his own will , and not by law : if i neithr actively , nor passively obey , j doe not so much as resist abused authoritie : and then must the prince by his disorderly will have quite lost his authoritie , and become like ▪ another man ; and yet his authoritie has not fled from him . ans . if we speake acurately , neither the man solely , nor his power only is resisted : but the man clothed with lawfull habituall power , is resisted , in such and such acts flowing from an abused power . . it is an ignorant speech , to ask , is authoritie subjected solely in the kings law , and no whit in his person ? for the authoritie hath all its power by law , not from the mans person ; the authoritie hath nothing from the person , but a naked inherencie in the person , as in the subject : and the person is to be honored for the authoritie , not the authoritie for the person . . authoritie is not so separable from the person , as that for every act of lawlesse will , the king loseth his royall authoritie , and ceaseth to be king : no , but every act of a king , in so far can claime subjection of the inferiour , as the act of commanding and ruling , hath law for it ; and in so far as it is lawlesse , the person in that act repugnant to law , loseth all due claime of actuall subjection in that act , and in that act , power actuall is losed , as is cleare , act. . . & . . the apostles say to rulers , it is safer to obey god than men. what ? were not these rulers lawfull magistrates , armed with power from god ? i answer , habitually they were rulers , and more then men , and to obey them in things lawfull , is to obey god : but actually in these unlawfull commandements , especially being commanded to speake no more in the name of iesus ; the apostles doe acknowledge them to be no more but men : and so their actuall authoritie is as separable from the person , as pride and folly from men . symmons . the distinction holdeth good of inferior magistrates , that they may be considered as magistrates , and as men : because their authoritie is only sacred , and addeth veneration to their persons ; and is separable from the person ; the man may live , when his authoritie is extinguished : but it holdeth not in kings . king sauls person is venerable as his authoritie , and his authoritie commeth by inheritance , and dyeth , and liveth inseparably with his person : and authoritie and person adde honour each one to another . ans . . if this be true , manasseh , a king , did not shed innocent blood , and use sorcerie : he did not these great wickednesses as a man , but as a king. salomon played the apostate as a king , not as a man : if so , the man must make the king more infallible then the pope ; for the pope , as a man , can erre ; as a pope he cannot erre , say papists . but prophets , in their persons , were anoynted of god , as saul and david were : then must we say , nathan and samuel erred not as men , because their persons were sacred and anointed : and they erred not as prophets , sure ; ergo , they erred not all . a king , as a king , is an holy ordinance of god , and so cannot doe injustice , ergo , they must doe acts of iustice , as men . . the inferior iudge is a power from god. . to resist him , is to resist an ordinance of god. . he is not a terrour to good workes , but to evill . . he is the minister of god for good . . he is gods sword-bearer ; his officiall power to rule , may by as good right come by birth , as the crown : and the kings person is sacred only for his office , and is annointed only for his office . for then the chaldeans dishonored not inferior iudges , lam. . . when they hanged the prince , & honored not the faces of elders . it is in questiō , if the kings actual authority be not as separable frō him , as the actuall authority of the iudge . symmons , p. . the king himselfe may use this distinction . as a christian , he may forgive any that offendeth against his person : but as a iudge , he must punish , in regard of his office . ans . well then , flatterers will grant the distinction , when the king doth good , and pardoneth the blood of protestants , shed by bloody rebels : but when the king doth acts of injustice , he is neither man , nor king , but some in dependent absolute god. symmons , p. . gods word tyeth me to every one of his personall commandements , as well as his legall commandements : nor doe i obey the kings law , because it is established , or because of its known penaltie ▪ nor yet the king himselfe , because he ruleth according to law. but i obey the kings law , because i obey the king : and i obey the king , because i obey god : i obey the king , and his law , because i obey god and his law. better obey the command , for a reveren● regard to the prince , then for a penaltie . ans . it is hard to answer a sick man. it is blasphemie , to seek this distinction of person and office , in the king of kings ; because by ( person ) in a mortall king , we understand a man that can sinne . . i am not obliged to obey his personall commandement , except i were his domestick : nor his unlawfull personall commandements , because they are sinfull . . it is false that you obey the kings law , because you obey the king : for then you say but this , i obey the king , because i obey the king. the truth is , obedience is not formally terminated on the person of the king ; obedience is relative to a precept ▪ and it is men-service , to obey a lew , not because it is good and just ; but upon this formall motive , because it is the will of a mortall man to command it . and reverence , love , feare , being acts of the affection , are not terminated on a law , but properly on the person of the iudge : and they are modifications , or laudable qualifications of acts of obedience ; not motives , not the formall reason why i obey , but the manner how i obey . and the apostle maketh expresly , rom. ▪ . feare of punishment , a motive of obedience , while he saith , he beareth not the sword in vaine ; ergo , be subject to the king. and this hindreth not personall resistance to unjust commandements . symmons , p. , , . you say , to obey the princes personall commandement against his legall will , is to obey himselfe against himselfe . so say i , to obey his legall will against his personall will , is to obey himselfe against himselfe : for i take his person to be himselfe ans . to obey the kings personall will , when it is sinfull , ( as we now suppose ) against his legall will , is a sinne , and a disobedience to god , and the king also , seeing the law is the kings will , as king : but to obey his legall will against his sinfull personall will ( as it must be sinfull , if contrary to a just law ) is obedience to the king as king , and so obedience to god. . you take the kings person to be himself ; but you take quid pro quo , for his person here , you must take not physically for his suppost of soul and body ; but morally , it is the king , as a sinning man doing his worst will , against the law which is his just and best will , and the rule of the subjects : and the kings personall will is so far just , and to regulate the subjects , in so far , as it agreeth with his legall will , or his law , and this will can sinne , and therefore may be crossed without breach of the fifth commandement : but his legall will cannot be crossed without disobedience both to god and the king. symmons , p. . the kings personall will doth not alwayes presuppone passion : and if it be attended with passion , yet we must beare it for conscience sake . ans . we are to obey the kings personall will , when the thing commanded , is not sinne ; but his subjects as subjects , have little to do with his personall will in that notion . it concerneth his domestick servant , and is the kings will as he is the master of servants , not as he is king in relation to subjects ; but we speak of the kings personall will , as repugnant to law , and contrary to the kings will as king , and so contrary to the fifth commandment ; and this is attended often , not onely with passion , but also with prejudice ; and we owe no subjection to prejudice , and passions , or to actions commanded , by these misordered powers , because they are not from god , nor his ordinances , but from men , and the flesh , and we owe no subjection to the flesh . doct. ferne , sect. . pag. . the distinction of personall and legall will , hath place in evill actions , but not in resistance , where we cannot sever the person , and the dignitie , or authority , because we cannot resist the power , but we must resist the person who hath the power . saul had lawfully the command of arms , but that power he useth unjustly , against innocent david . i ask when these emperours took away lives and goods at their pleasure ; was that a power ordained of god ? no , but an illegall will , a tyranny , but they might not resist : nay , but they cannot resist : for that power and soveraigntie imployed to compasse these illegall commandments , was ordained and settled in them . when pilate condemned our saviour , it was an illegall will , yet our saviour acknowledgeth in it pilates power , that was given him from above . answ . . here we have the distinction , denyed by royalists , granted by d. fern ; but if when the king commands us to do wickednesse , we may resist that personall will , and when he commandeth us to suffer unjustly we cannot resist his will , but we must resist also his royall person . what ? is it not still the king , and his person sacred , as his power is sacred , when he commandeth the subjects to do unjustly , as when he commandeth them to suffer unjustly ? it were fearfull to say , when kings command any one act of idolatry , they are no longer kings ; if for conscience i am to suffer unjustly , when nero commandeth unjust punishment , because nero commanding so , remaineth gods minister . why ? but when nero commandeth me to worship an heathen god , i am upon the same ground to obey that unjust will in doing ill : for nero in commanding idolatry , remaineth the lords minister , his person is sacred in the one commandment of doing ill , as in inflicting ill of punishment . and do i not resist his person in the one , as in the other ? his power and his person are unseparably conjoyned by god in the one , as in the other , . in bodily thrusting out of vzzah from the temple , these fourscore valiant men did resist the kings person , by bodily violence , as well as his power . . if the power of killing the martyrs in nero , was no power ordained of god , then the resisting of nero , in his taking away the lives of the martyrs , was but the resisting of tyranny : and certainly , if that power in nero was 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a power ordained of god , and not to be resisted , as the place , rom. . is alleaged by royalists , then it must be a lawfull power , and no tyranny ; and if it cannot be resisted , because it was a power ordained and settled in him , it is either setled by god , and so not tyranny ; except god be the author of tyranny , or then settled by the devill , and so may well be resisted ; but the text speaketh of no power , but of that which is of god. . we are not to be subject to all powers in concreto , by the text ; for we are not to be subject to powers lawfull , yet commanding active obedience to things unlawfull . now subjection includeth active obedience of honour , love , fear , paying tribute , and therefore of need force , some powers must be excepted . . pilates power is meerly a power by divine permission , not a power ordained of god , as are the powers spoken of rom. . gregori . mor. l. . c. . expresly saith , this was satans power given to pilate , against christ . manibus satanae pro nostra redemptione se traddit . lyra. a principibus romanorum & ulterius permissum a deo , qui est potestas , superior . calvin , beza , diodatus , saith the same , and that he cannot mean of legall power from gods regulating will is evident ; . because christ is answering pilate , john . . knowest thou not , that i have power to crucifie thee ? this was an untruth . pilate had a command to worship him , and beleeve in him ; and whereas ferne saith , sect. . pag. . pilate had power to judge any accused before him : it is true , but he being obliged to beleeve in christ , he was obliged to be perswaded of christs innocency ; and so neither to judge , nor receive accusation against him : and the power he saith , he had to crucifie , was a law-power in pilates meaning , but not in very deed any law-power ; because a law-power is from gods regulating will in the fifth commandment ; but no creature hath a lawfull or a law-power to crucifie christ . . a law-power is for good , rom. . . a power to crucifie christ , is for ill . . a law-power is a terrour to ill works , and a praise to good . pilates power to crucifie christ , was the contrary . . a law-power is to execute wrath on ill-doing , a power to crucifie christ is no such . . a law-power conciliateth honour , fear , and veneration to the person of the iudge , a power to crucifie christ , conciliateth no such thing , but a disgrace to pilate . . the genuine acts of a lawfull power , are lawfull acts ; for such as is the fountain-power , such are the acts flowing therefrom ; good acts flow not from bad powers , neither hath god given a power to sin , except by way of permission . quest . xxx . whether or no passive obedience be a meane to which we are subjected in conscience , by vertue of a divine commandement , and what a meane resistance is . that flying is resistance . much is built , to commend patient suffering of ill , and condemne all resistance of superiors , by royalists , on the place pet. . . where we are commanded , being servants , to suffer buffets , not onely for ill doing , of good masters , but also undeservedly , and when we doe well , we are to suffer of these masters that are evill ; and so much more are we patiently , without resistance , to suffer of kings . but it is cleare , the place is nothing against resistance , as in these assertions i cleare . assertion . patient suffering of wicked men , and violent resisting are not incompatible , but they may well stand together : so this consequence is the basis of the argument , and it is just nothing . to wit , servants are to suffer unjustly wounds and buffeting of their wicked masters , and they are to bear it patiently ; ergo , servants are in conscience obliged to non-resistance . now scripture maketh this clear ; the church of god is to bear with all patience , the indignation of the lord , because she hath sinned , and to suffer of wicked enemies , which were to be troden as mire in the streets , micah . , , , . but withall they were not obliged to non-resistance , and not to fight against these enemies , yea they were obliged to fight against them also . if these were , babilon , iudah might have resisted and fought , if god had not given a speciall commandement of a positive law , that they should not fight , if these were the assyrians and other enemies , or rather both , the people were to resist by fighting , and yet to endure patiently the indignation of the lord. david did bear most patiently the wrong that his own son absolon and achitophel , and the people inflicted on him in pursuing him to take his life and the kingdom from him : as is cleare by his gracious expressious , sam. . , . chap. . ver . , , . psal . . , , . yea he prayeth for a blessing on the people , that conspired against him . psal . . . yet did he lawfully resist absalom , and the conspiratours , and sent out ioab and a huge army in open battel against them . sam. . , , , , &c. and fought against them . and were not the people of god patient to endure the violence done to them in the wildernes , by og king of bashan , siho● king of heshbon , by the ammorites , moabites , & c ? i think gods law tyeth all men , especially his people , to as patient a suffering in wars , deut. . . god then trying and humbling his people , as the servant is to endure patiently , unjustly inflicted buffets , pet. . . and yet gods people at gods command did resist these kings and people , and did fight and kill them , and possesse their land , as the history is cleare . see the like iosh . . ver . , . . one act of grace and vertue is not contrary to another . resistance is in the children of god an innocent act of self-preservation , as is patient suffering , and therefore they may well subsist in one . and so saith amasa by the spirit of the lord , chro. . . peace , peace be unto thee , and peace to thy helpers , for god helpeth thee . now david in that , and all his helpers were resisters of king saul . . the scope of the place pet. . is not to forbid all violent resisting , as is clear , he speaketh nothing of violent resisting either one way or other , but onely he forbiddeth revengefull resisting of repaying one wrong with another , from the example of christ , who when he was reviled , reviled not again , when he suffered he threatned not . therefore the argument is a falacy , ab eo quod docitur 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , ad illud quod dicitur 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . though therefore the master should attempt to kill an innocent servant , and invade him with a weapon of death . . suddenly . . without all reason or cause . . vnavoidably , doctor ferne in that case doth free a subject from guiltynesse , if he violently resist his prince : ergo the servant who should violently resist his master in the aforesaid case , should , and might patiently suffer , and violently resist , notwithstanding any thing that royalists can conclude on the contrary . . no prince hath a masterly or herile dominion over his subjects , but onely a free , ingenious , paternall and tutorly over-sight for the good of the people , rom. . . the master , especially in the apostle peters time , had a dominion over servants , as over their proper goods . . assertion . neither suffering formally as suffering , and so neither can non-resisting passive fall under any morall law of god , except in two conditions : . in the point of christs passive obedience , he being the eternall god , as well as man , and so lord of his owne blood and life , by vertue of a speciall commandement imposed on him by his father , was commanded to lay downe his life , yea and to be an agent as well as a patient in dying . ioh. . . yea and actively he was to contribute somthing for his own death , and offer himself willingly to death , mat. . . and knowing the houre that he was to depart out of this world unto the father , iohn . . would not onely not flee , which is to royalists lawfull , to us a speciall point of resistance , ioh. . . ioh. . , , , . and but upbraided peter , as the agent of sathan , who would disswade him to die , mat. . , . and would fight for him . and he doth not fetch any argument against peters drawing of his sword , from the unlawfulnesse of self-defence , and innocent resistance , ( which he should have done , if royalists plead with any colour of reason from his example , against the lawfulnesse of resistance and self-defence ) but from the absolute power of god. . from gods positive wil , who commanded him to die , mat. . , . if therefore royalists prove any thing against the lawfulnesse of resisting kings , when they offer ( most unjustly ) violence to the life of gods servants , from this one meerly extraordinary and rare example of christ , the like whereof was never in the world , they may from the same example prove it unlawfull to flee ; for christ would not flee , psal . . , . heb. . , , , . ioh. . . ioh. . , , , . . they may prove that people sought by a tyrant to be crucifyed for the cause of god , or to reveale and discover themselves to an armie of men who come to seek them , ioh. . , . ioh. . , , , . . that martyrs are of purpose to goe to the place where they know they shall be apprehended and put to death , for this christ did , and are willingly to offer themselves to the enemies armie , for so did christ , ioh. . . mar. . , . mat. . , . and so by his example , all the parliament , all the innocents of the citie of london , and assemblie of divines , are obliged to lay downe armes , and to goe to their owne death to prince rupert , and the bloody irish rebels . . by this example it is unlawfull to resist the cut-throats of a king , for cesar in his owne royall person , the high priest in person came not out against christ . yea it is not lawfull for the parliament to resist a iudas , who hath fled as a traiterous apostate from the truth and the temple of christ . . it is not lawful for innocents to defend themselves by any violence against the invasion of superiours in d. fernes three cases , in which he alloweth resistance . . when the invasion is sudden . . vnavoidable . . without all colour of law and reason . in the two last cases , royalists defend the lawfulnes of self-defence . . if the example be pressed , christ did not this and this , he resisted not with violence to save his owne life , therefore we are to abstaine from resistance , and such and such meanes of self-preservation , then because christ appealed not from inferiour judges to the emperour caesar ; who , no doubt , would have shewne him more favour , then the scribes and pharisees did , and because christ conveyed not a humble supplication to his soveraigne and father caesar , then because he proffered not a humble petition to prince pilate for his life , he being an innocent man , and his cause just , because he neither conduced an orator to pleade his owne just cause , nor did he so plead for himselfe , and give in word and writ , all lawfull and possible defences for his own safety , but answered many things with silence , to the admiration of the judge , marke . , . . and was thrice pronounced by the judge to be innocent , luke . ver . . because , i say , christ did not all these for his owne life , therefore it is unlawfull for scotland and england to appeale to the king , to supplicate , to give in appologi●s , &c. i thinke royalists dare not say so . but if they say , he would not resist , and yet might have done all these lawfully , because these be lawfull meanes , and resistance with the sword unlawfull ; because , he that taketh the sword , shall perish by the sword . let me answer then , . they leave the argument from christs example , who was thus farre subject to higher powers , that he would not resist , and plead from the unlawfulnesse of resistance ; this is petitio principii . . he that taketh the sword without gods warrant , which peter had not , but the contrary , he was himselfe a sathan to christ , who would but councell him not to die ; but there is no shadow of a word to prove that violent resisting is unlawfull , when the king and his irish cut-throats pursue us unjustly ; onely christ saith , when god may deliver extraordinarily by his angels , except it be his absolute will , that his son should drink the cup of death , then to take the sword , when god hath declared his will on the contrary , is unlawfull ; and that is all : though i doe not question but christs asking for swords , and his arresting all his enemies to the ground , ioh. . . backward , is a justifying of selfe-defence . but hit herto it is cleare by christs example , that he onely was commanded to suffer . now the second case in which suffering falleth under a commandement , is indirectly and comparatively , when it commeth to the election of the witnesse of jesus , that it is referred to them , either to deny the truth of christ and his name , or then to suffer death , the choise is apparently evident , and this choise that persecuters referre us unto , is to us a commandement of god , that we must choose suffering for christ , and refuse sinning against christ : but the supposition must stand , that this alternative is unavoydable , that is not in our power to decline either suffering for christ , or denying of christ before men ; otherwayes no man is to expect the reward of a witnesse of iesus , who having a lawfull possible meanes of eschewing suffering , doth yet cast himselfe into suffering needlesly . but i prove that suffering by men of this world , falleth not formally and directly under any divine positive law , for the law of nature , what ever arminians in their declaration , or this arminian excommunicate think with them , ( for they teach that god gave a commandement to adam , to abstaine from such and such fruit with paine and trouble to sinlesse nature ) doth not command suffering , or any thing contrary to nature as nature is sinlesse : i prove it thus , . what ever falleth under a positive commandement of god , i may say here , under any commandement of god , is not a thing under the free will and power of others , from whom we are not discended necessarily by naturall generation , but that men of the world kill me , even these from whom i am not discended by naturall generation ( which i speake to exclude adam , who killed all his posterity ) is not in my free will , either as if they had my common nature in that act , or as if i were accessory by counsell , consent , or approbation to that act , for this is under the free-will and power of others , not under my owne free-will : ergo , that i suffer by others is not under my free-will , and cannot fall under a commandement of god : and certainly , it is an irrationall law , ( glorified be his name ) that god should command antipas either formally to suffer , or formally not to suffer death by these of the synagogue of sathan , revel . . . because if they be pleased not to kill him , it is not in his free-will to be killed by them ; and if they shall have him in their power ( except god extraordinarily deliver ) it is not in his power , in an ordinary providence , not to be killed . . all these places of gods word , that recommendeth suffering to the followers of christ , do not command formally that we suffer ; ergo , suffering falleth not formally under any commandement of god ; i prove the antecedent , because if they be considered , they prove only that comparatively we are to choose rather to suffer , then to deny christ before men , mat. , , . revel . . . mat. . . mat. . . c. . . or then they command not suffering according to the substance of the passion , but according to the manner , that we suffer willingly , cheerfully , and patiently . hence christs word to take up his crosse , which is not a meere passion , but commendeth an act of the vertue of patience . now no christian vertue consisteth in a meer passion , but in laudable habits , and good and gracious acts , and the text we are now on , pet. . , . doth not recommend suffering from the example of christ , but patient suffering , and so the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , not simply enjoyned , but 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , in all feare , ver . . and the words 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , to suffer with patience , as tim , . . cor. . . and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 is to suffer patiently , cor. . . love , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , suffereth all things , heb. . . if you suffer correction , tim. . . she continueth patiently in prayers , heb. . . christ endured the crosse ( patiently ) & rom. . . rom. . . luk. . . & . . the derivats hence signifie patience , so doe all our interpreters , beza , calvin , marlorat , and popish expositors , as lorinus , estius , carthusian , lyra , hugo cardinalis expound it of patient suffering , and the text is clear , it is suffering like christ , without rendring evil for evil , and reviling for reviling . . suffering simply according to substance of the passion ( i cannot say action ) is common to good and ill , and to the wicked , yea to the damned in hell , who suffer against their will , and that cannot be joyned according to its substance as an act of formall obedience and subjection to higher powers , kings , fathers , masters , by force of the fifth commandement , and of the place rom. . , . which according to its substance , wicked men suffer , and the damned in hell also against their will. . passive obedience to wicked emperours can but be enjoyned , rom. . but onely in the manner , and upon supposition , that we must be subject to them , and must suffer against our wills , all the ill of punishment , that they can inflict , we must suffer patiently ; and because it is gods permissive will that they punish us unjustly ; for it is not gods ruling and approving will ( called voluntas signi ) that they should against the law of god and man kill us , and persecute us , and therefore neither rom. . nor pet. . nor any place in gods word , nor any common divine , naturall , of nations , or any municipal law commandeth formally obedience passive , or subjection passive , or non-resistance under the notion of passive obedience , yea to me obedience passive , ( if we speak of obedience properly called as relative essentially to a law ) is a chymera , a dream , and repugnantia in adjecto , and therefore i utterly deny that resistance passive or subjection passive , doth formally fal under either commandment of god affirmative , or negative , onely the unlawfull manner of resistance by way of revenge , or for defence of popery and false religion , and out of impatient tolleration of monarchy or any tyranny is forbidden in gods word , and certainly all the words used rom. . as they fall under a formal commandement of god , or words of action , not of any chymericall passive obedience , as we are not to resist actively gods ordinance , as his ordinance , ver . . . that is , to resist god actively . . we are to do good works , not evil , if we would have the ruler no terror to us , ver . . . we must not do ill , if we would be free of vengeances sword : ver . . we are to pay tribute and to give fear and honour to the ruler , ver . . all which are evidently actions , not passive subjection , and if any passive subjection be commanded , it is not here , nor in the first commandement , commanded , but in the first commandement under the hand of patience and submission under gods hand in sufferings , or in the third commandement under the hand of rather dying for christ , or denying his truth before men ; hence i argue here rom. . and pet. . and tit. . is nothing else , but an exposition of the fifth commandement , but in the fifth commandement onely active obedience is formally commanded , and the subordination of inferiours to superiours is ordained , and passive obedience is no where commanded , but onely modus rei , the manner of suffering , and the occasion of the commandement , here it is thought that the iewes converted under this pretext , that they were gods people , beleeved that they should not be subject to the romans . a certaine galilean made the galileans beleeve that they should not pay tribute to strangers , and that they should call none lord , but the god of heaven , as ioseph . saith , antiq. iudaic. l. . c. . and de bell . iudaic. l. . c. . yea and hieron . com. in . tit. saith , at this time the sect of the galileans were on foot . it is like the jews were thought to be galileans , and that their liberty purchased in christ could not consist with the order of master and servant , king and subject . and to remove this , paul establisheth magistracie , and commandeth obedience in the lord ; and he is more to prove the office of the magistrate to be of god , then any other thing ; and to shew what is his due , then to establish absolutenesse in nero to be of god ; yea to me , every word in the text speaketh limitednesse of princes , and cryeth downe absolutenesse : . no power of god , . no ordinance of god , . who is a terror to evill , but a praise to good works , . no minister of god for good , &c. can be a power to which we submit our selves on earth , as next unto god , without controlment . . that passive obedience falleth formally under no commandement of god , i prove thus : all obedience lyable to a divine commandement , doth commend morally the performer of obedience , as having a will conformed to gods morall law , and deformity betwixt the will of him who performeth not obedience , involveth the non-obedient in wrath and guiltinesse . but non-passive subjection to the sword of the judge doth not morally commend him that suffereth not punishment , for no man is formally a sinner against a morall law , because he suffereth not the ill of punishment ; nor is he morally good , or to be commended , because hee suffereth ill of punishment , but because he doth the ill of sin . and all evil of punishment u●justly inflicted hath gods voluntas beneplaciti , the instrumentall and hidden decree of god , which ordereth both good and ill , ephes . . . for its rule and cause , and hath not gods will of approbation called , voluntas signi , for its rule , both is contrary to that will ; i am sure epiphanius li. . tom . . heres . . basilius in psal . . nazianzen orat. ad subd . & imper at . hilar. li. ad constant . august . citeth these words , and saith the same . if then passive subjection be not commanded , non-subjection passive cannot be forbidden , and this text , rom. . and pet. . cannot a whit help the bad cause of royalists ; all then must be reduced to some action of resisting , arguments for passive subjection though there were ship-fulls of them , they cannot help us . assert . . by the place pet. . the servant unjustly buffeted is not to buffet his master again , but to bear patiently as christ did , who when he was reviled , did not revile again . not because the place condemneth resistance for self-defence , but because buffeting again is formally re-offending , not defending ; defending is properly a warding of a blow or stroak : if my neighbour come to kill me , and i can by no means save my life by flight , i may defend my self , and all divines say , i may rather kill , ere i be killed , because i am nearer by the law of nature , and dearer to my self , and my own life then to my brother : but if i kill him out of malice , or hatred , the act of defending , by the unlawfull manner of doing , becometh an act of offending , and murther , whence the mind of the blood-shedder will vary the nature of the action , from whence this corolarie doth naturally issue , that the physicall action of taking away the life maketh not murther , nor homicide , and so the physical action of offending my neighbour is not murther : abraham may kill his son , he for whom the cities of refuge were ordained , and did kill his brother , yet not hating him , he was not , by gods law , judged a murtherer . and . it necessarily hence followeth , that an act which is physically an act of offending my brother , yea even to the taking away of his life is often morally and legally an act of lawfull self-defence : an offending of another necessitated from the sole invention of self-defence is no more but an act of innocent self defence : if david with his men had killed any of sauls men , in a set battel , david and his men onely intending self defence , the waren davids part was meere defensive , for physicall actions of killing , indifferent of themselves , yet imperated by a principle of naturall self-defence , and clothed with this formall end of self-defence , or according to the substance of the action , the act is of self-defence . if therefore one shall wound me deadly , and i know it is my death , after that , to kill the killer of my selfe , i being onely a private man , must be no act of self-defence , but of homicide , because it cannot be imperated by a sinlesse dictate of a naturall conscience , for this end of self-defence , after i know i am killed . any mean not used for preventing death , must be an act of revenge , not of self-defence , for it is physically unsutable for the intended end of self-defence . and so for a servant buffeted , to buffet againe , is of the same nature : the second buffet not being a conducible meane to ward the first buffet , but a meane to procure heavier stroakes and possibly killing , it cannot be an act of self defence , for an act of self defence must be an act destinated ex naturarei , onely for defence , and if it be known to be an act of sole offending , without any known necessary relation of a mean to self-defence as the end , it cannot be properly an act of self-defence . assert . . when the matter is lighter , as in paying tribute , or suffering a buffet of a rough master , though un justly , we are not to use any act of re-offending . for though ▪ i be not absolute lord of my owne goods , and so may not at my sole pleasure give tribute and expend monies to the hurting of my children , where i am not by gods law or mans law obliged to pay tribute ; and though i be not an absolute lord of my members , to expose face , and cheeks , and back to stripes and whips at my owne meere will , yet have we a comparative dominion given to us of god in matters of goods , and disposing of our members , ( i think i may except the case of mutilation , which is a little death ) for buffets , because christ no doubt to teach us the like , would rather give of his goods , and pay tribute , where it is not due , then that this scandall lay on the way of christ , that christ was no loyall subject to lawfull emperors and kings . and cor. . paul would rather not take stipend , though it was due to him , then hinder the course of the gospel . and the like is cor. . where the corinthians were rather to suffer losse in their goods , then to goe to law before infidel judges , and by the like to prevent greater inconveniences , and mutilation , and death ; the christian servant hath that dominion over his members , rather to suffer buffets , then to ward off buffets with violent resistance . but it is no consequent that innocent subjects should suffer death of tyrants , and servants be killed by masters , and yet that they shall not be allowed by the law of nature to defend themselves , by re-offending , when onely self-defence is intended , because we have not that dominion over life and death . and therefore as a man is his brothers murtherer , who , with froward cain , will not be his brothers keeper , and may preserve his brothers life , without losse of his owne life , when his brother is unjustly preserved ; so when he may preserve his owne life , and doth not that which natures law alloweth him to doe , rather to kill ere he be killed , he is guilty of self-murther ; because he is deficient in the duty of lawfull self-defence . but i grant to offend or kill is not of the nature of defensive warre , but accidentall thereunto , and yet killing of cut-throats sent forth by the illegal commandement of the king may be intended , as a mean and a lawfull mean of self-defence . . of two ills of punishment , we have a comparative dominion over our selves , a man may cast his goods in the sea to redeeme his life . so for to redeeme peace , we may suffer buffets , but because death is the greatest ill of punishment , god hath not made it eligible to us , when lawfull self defence is at hand ; but in defending our own life against tyrannicall power , though we do it by offending and killing , we resist no ordinance of god , onely i judge killing of the king in self-defence not lawfull , because self-defence must be national , on just causes . let here the reader judge , barcley l. . c. . pag. . con . monar . if the king ( saith he ) shall vex the common-wealth or one part thereof , with great and intollerable cruelty ; what shall the people do ? they have ( saith he ) in that case a power to resist and defend themselves from injury , but onely to defend themselves , not to invade the prince , nor to resist the injury , or to recede from reverence due to the prince . i answer . let barclay or the prelate ( if he may carry barclayes books ) or any , difference these two , the people may resist a tyrant , but they may not resist the injuries inflicted by a tyrants officers & cut-throats . i cannot imagine how to conciliate these two : for to resist the cruelty of a king , is but to hold off the injurie by resistance . . if this nero waste the common-wealth unsufferably with his cruelty , and remaine a lawful king , to be honoured as a king , who may resist him , according to royalists way ? but from rom. . they resist the ordinance of god. . resisting is not a meere suffering , nor is it a morall resisting by alledging lawes to be broken by him . we had never a question with royalists about such resisting . . nor is this resisting non-obedience to unjust commandements ; that resisting was never yet in question , by any , except the papists , who in good earnest , by consequent , say , it is better to obey men , then god. . i● is then resisting by bodily violence ; but if the king have such an absolute power given him by god , as royalists fancie from rom. . , . sam. . , . i know not how subjects have any power given them of god , to resist the power from god , and gods ordinance . and if this resisting extend not it selfe to defensive wars , how shall the people defend themselves from injuries and the greatest injuries imaginable , from an armie of cut-throats and idolaters in war comming to destroy religion , set up idolatry , and root out the name of gods people , and lay waste the mountaine of the lords house ? and if they may defend themselves by defensive wars , how can wars be without offending ? . the law of nature teacheth to repell violence with violence , when one man is oppressed , no lesse then when the common-wealth is oppressed . barclay should have given either scripture , or the law of nature for his warrant here . . let us suppose a king can be perjured , how are the estates of the kingdome , who are his subjects , by barclays way , not to challenge such a tyrant of his perjurie ? he did swear , he should be meek and clement , and he is now become a furious lyon , shall the flock of god be committed to the keeping of a furious lyon ? d. ferne , p. . sect . . pag. . addeth , personall defence is lawfull against sudden and illegall invasion , such as elisha practiced , even if it were against the prince to ward blowes , and to hold the princes hand , but not to returne blowes , but generall resistance by armes , cannot be without many unjust violences , and doth immediatelie strike at the order , which is the life of the common-wealth . answ . if it be naturall to one man to defend himself against the personall invasion of a prince , then is it naturall and warrantable to ten thousand , and to a whole kingdome ; and what reason to defraud a kingdome of the benefit of self-defence , more then one man ? neither grace nor policy destroyeth nature : and how shall ten or twenty thousand be defended against cannons and musquets that killeth afar off , except they keepe townes against the king , which d. ferne and others say had beene treason in david , if he had kept keilah against king saul , except they be armed to offend , with weapons of the like nature to kill rather then be killed , as the law of nature teacheth . . to hold the hands of the prince is no lesse resisting violence , then to cut the lap of his garment , which royalists think unlawfull , and is an opposing of externall force to the kings person . . it is true , warres meerely defensive cannot be but they must be offensive , but they are offensive by accident , and intended for meere defence , and they cannot be without warres sinfully offensive , nor can any warres be in rerum naturâ now , ( i except the warres commanded by god , who onely must have beene sinfull in the manner of doing ) but some innocent must be killed ; but war●es cannot for that be condemned . . neither are offensive warres against these who are no powers and no ordinances of god , such as are cut-throate irish , condemned prelates and papists now in armes , more destructive to the order established by god , then acts of lawfull war are , or the punishing of robbers ; and by all this protestants in scotland and england , should remaine in their houses unarmed , while the papists and irish come on them armed and cut their throats , and spoyle and plunder at will. nor can we think that resistance to a king in holding his hands can be naturall , if he be stronger , it is not a naturall meane of selfe-preservation : nature hath appoynted innocent and offending violence , against unjust violence , as a meanes of selfe-preservation . goliahs sword is no naturall meanes to hold sauls hands , for a sword hath no fingers ; and if saul , . suddainly , . without colour of law or reason , . inevitably should make personall invasion on david to kill him ; dr. ferne saith he may resist , but resisting is essentially a reaction of violence ; shew us scripture or reason for violent holding a kings hands in an unjust personall invasion , without any other reaction of offence : walter torrils killed king w. rufus , as he was shooting at a deere ; the earle of suffolk killed henrie the . at tilting ; there is no treasonable intention here , and so no homicide : defensive wars are offensive , ex eventu & effectu , not ex causa , or ex intentione . but it may be asked , if no passive subjection at all be commanded as due to superiours ? rom. . answ . none properly so called , that is , purely passive , onely weare for feare of the sword to doe our duety . . we are to suffer ill of punishment of tyrants , ex hypothesi , that they inflict that ill on us , some other way , and in some other notion then we are to suffer ill of equals , for we are to suffer of equals not for any paternall authority that they have over us , as certainly wee are to suffer ill inflicted by superiours . i demand of royalists , if tyrants inflicting evill of punishment upon subjects unjustly , be powers ordained of god. . if to resist a power in tyrannicall acts be to resist god. . since wee are not to yield active obedience to all the commandements of superiours , whether they be good , or ill , by vertue of this place , rom. . how is it that we may not deny passive subjection to all the acts of violence exercised whether of injustice , whether in these acts of violence , wherein the prince in actu ex cito , and formally punisheth not in gods stead , or in these wherein he punish●th tyrannically in no formall or actuall subordination to god we owe passive subjection : i desire an answer to these . assert . . flying from the tyranny of abused authority , is a plaine resisting of rulers in their unlawfull oppression and perverting of judgement . all royalists grant it lawfull , and ground it upon the law of nature , that those that are persecuted by tyrannous princes may flee , and it is evident from christs commandment , if they persecute you in one city , flee to another , mat. . . and by mat. . . christ fled from the fury of the jewes , till his houre was come ; elias , vriah , ier. . . ioseph and mary fled ; the martyres did hide themselves in caves and dens of the earth , heb. . , . paul was let downe through a window in a basket at damascus ; this certainly is resistance : for looke what legall power god hath given to a tyrannous ruler , remaining a power ordained of god , to summon legally , and set before his tribunall the servants of god , that he may kill them and murther them unjustly , that same legall power he hath to murther them : for if it be a legall power to kill the innocent , and such a power as they are obliged in conscience to submit unto , they are obliged in conscience to submit to the legall power of citing ; for it is one and the same power : now if resistance to the one power be unlawfull , resistance to the other must be unlawfull also , and if the law of self-defence , or command of christ warrant me to disobey a tyrannous power , commanding me to compeir to receive the sentence of death , that same law farre more shall warrant me to resist and deny passive subjection , in submitting to the un-unj●st sentence of death . . when a murtherer self-convicted fleeth from the just power of a judge lawfully citing him , he resisteth the just power ordained of god , rom. . ergo , by the same reason if we flee from a tyrannous power , we resist that tyrannous power , and so by royalists ground we resist the ordinance of god by flying . now to be disobedient to a just power summoning a malefactor , is to hinder that lawfull power , to be put forth in lawfull acts , for the judge cannot purge the land of blood , if the murtherer flee . . when the king of israel sendeth a captaine , and fifty lictors to fetch elisha , these come instructed with legall power from the king , if i may lay fetters on their power by flight upon the ground of self-preservation , the same warrant shall allow me to oppose harmelesse violence , for my owne safety . . royalists hold it unlawfull to keepe a strong hold against the king , though the fort be not the kings house ; and though that david should not have offended , if he had kept keilah against saul , dr. ferne and royalists say , it had beene unlawfull resistance . what more resistance is made to royall power by wals interposed , then by seas and miles of earth interposed ? both are physicall resistance , and violent in their kinde . quest . xxxi . whether or no self-defence against any unjust violence offered to the life , be warranted by gods law , and the law of nature and nations ? selfe-preservation in all creatures in which is nature , is in the creatures sutable to their nature : the bull defendeth it selfe by its hornes , the eagle by her clawes and bill , it will not follow that a lambe will defend it selfe against a wolfe any other way , then by flying . so men , and christian men doe naturally defend themselves ; but the manner of self-defence in a rationall creature , is rationall , and not alwayes meerely naturall : therefore a politique communitie , being a combination of many natures , as neither grace , farre lesse can policy destroy nature , then must these many natures be allowed of god to use a naturall self-defence . if the king bring in an army of forraigners , then a politique community must defend it selfe in a rationall way ; why ? self-defence is naturall to man , and na●urall to a lamb , but not the same way ; a lamb or a dove naturally defend themselves against beasts of another kinde , onely by flight , not by re-action and re-offending : but it followeth not that a man defendeth himselfe from his enemy only by flight ; if a robber invade me , to take away my life and my purse , i may defend my selfe by re-action ; for reason and grace both may determine the way of self-preservation : hence royalists say , a private man against his prince , hath no way to defend himselfe , but by flight ; ergo , a community hath no other way to defend themselves , but by flight . . the antecedent is false . dr. ferne alloweth to a private man supplications , and denying of subsidies , and tribute to the prince , when he imployeth tribute to the destruction of the common-wealth ; which by the way , is a cleere resistance , and an active resistance made against the king , rom. . , . and against a commandement of god , except royalists grant tyrannous powers may be resisted . . the consequence is naught , for a private man may defend himselfe against unjust violence , but not any way he pleaseth ; the first way is by supplications and apologies , he may not presently use violence to the kings servants before he supplicate , nor may he use re-offending , if flight may save . david used all the three in order ; . he made his defence by words , by the mediation of ionathan ; when that prevailed not , he tooke himselfe to flight , as the next ; but because he knew flight was not safe every way , and nature taught him self-preservation , and reason and light of grace taught him the meanes , and the religious order of these meanes for self-preservation . therefore he addeth a third , he took goliahs sword , and gathered six hundred armed men , and after that made use of an hoast . now a sword and armour are not horsing and shipping for flight , but contrary to flight ; so re-offending , is policies last refuge . a godly magistrate taketh not away the life of a subject , if other means can compasse the end of the law ; and so he is compelled and necessitated to take away the life : so the private man , in his naturall self-defence , not to use re-action , or violent re-offending , in his self-defence against any man , farre lesse against the servants of a king , but in the exigence of the last and most inexorable necessity . and it is true that m. symmons faith , sect. . pag. . self-defence is not to be used , where it cannot be without sinne . it is certaine , necessity is but a hungry plea for sinne , luke . . but it is also true , re-offending comparatively , that i kill rather then i be killed , in the sinlesse court of natures spotlesse and harmelesse necessity , is lawfull and necessary , except i be guilty of self-murder , in the culpable omission of self-defence . now a private man may flie , and that is his second necessity , and violent re-offending is the third meane of self-preservation . but with leave , violent re-offending is necessary to a private man , when his second meane , to wit , ●light , is not possible , and cannot attaine the end , as in the case of david : if ●light doe not prevaile , goliahs sword and an host of armed men are lawfull : so to a church and a community of protestants , men , women , aged , sucking children , sick , and diseased , who are pressed either to be killed , or forsake religion and jesus christ , ●light is not the second meane , nor a meane at all , because . not possible , and therefore not a naturall meane of preservation : for . the aged , the sick , the sucking infants , and sound religion in the posteritie cannot flee , ●light here is physically and by natures necessity unpossible , and therefore no lawfull mean. what is to nature physically unpossible , is no lawfull mean. . if christ have a promise that the ends of the earth , psal . . . and the isles shall be his possession , esa . . . i see not how naturall defence can put us to flee , even all protestants , and their seed , and the weak and sick , whom we are obliged to defend as our selves , both by the law of nature and grace . i read that seven wicked nations and idolatrous were cast out of their land to give place to the church of god , to dwell there , but shew me a warrant in natures law and in gods word that three kingdomes of protestant● , their seed , aged , sick , sucking children , should flee out of england , scotland , ireland , and leave religion and the land to a king and to papists , prelates and bloody irish , and atheists : and therefore to a church and community having gods right and mans law to the land , violent re-offending is their second mean ( next to supplications and declarations , &c. ) and flight is not required of them , as of a private man. yea flight is not necessarily required of a private man , but where it is a possible mean of self-preservation , violent and unjust invasion of a private man , which is unavoidable may be obviated with violent re-offending . now the unjust invasion made on scotland in . for refusing the service-book , or rather the idolatry of the masse , therein intended , was unavoidable , it was unpossible for the protestants , their old and sick , their women and sucking children to flee over sea , or to have shipping betwixt the kings bringing an army on them at duns-law , and the prelates charging of the ministers to receive the masse-book ; althusius saith well , pol. c. . n. . though private men may flee ; but the estates if they flee , they do not their duty to commit a country , religion and all to a lion. let not any o●ject , we may not devise a way to fulfill the prophecy , psal . . , . isa . . . it is true , if the way be our own sinfull way ; nor let any object , a colony went to new-england and fled the persecution . answer , true , but if fleeing be the onely mean after supplication , there was no more reason that one colony should go to new-england , then it is necessary & by a divine law obligatory , that the whol● protestants in the three kingdomes according to royalists doctrine , are to leave their native country , & religion to one man & to popish idolators & atheists willing to worship idols with them , and whethere then shall the gospel be , which we are obliged to defend with our lives ? . there is tutela vitae proxima , & remota . a meer and immediat defence of our life , and a remote or mediat defence ; when there is no actuall invasion made by a man seeking our life , we are not to use violent re-offending . david might have killed saul , wh●n he was sleeping , and when he cut off the lap of his garment , but it was unlawfull for him to kill the lords anointed , because he is the lords annoited , as it is unlawfull to kill a man , because he is the image of god , gen. . except in case of necessity ; the magistrate in case of necessity may kill the malefector , thought his malefices do not put him in that case , that he hath not now the image of god ; now prudency and light of grace determineth , when we are to use violent re-offending for self-preservation , it is not left to our pleasure . in a remote posture of self-defence , we are not to ●se violet re-offending , david having saul in his hand was in a remote posture of defence , the unjust invasion then was not actuall , not inavoidable , not a necessary mean in human prudence for self-preservation , for king saul was then in a habituall , not in an actuall pursuit of the whole princes , elders and judges of israel , or of a whole community and church ; saul did but seek the life of one man , david , and that not for religion , or a nationall pretended offence , and therefore he could not in conscience put hands on the lords anoynted ; but if saul had actually invaded david for his life , david might in that case make use of goliahs sword , ( for he took not that weapon with him as a cypher to boast saul , it is no lesse unlawfull to threatten a king then to put hands on him ) and rather kill or be killed by sauls emissaries : because then he should have been in an immediate and nearest posture of actuall self-defence . now the case is farre otherwayes between the king , and the two parliaments of england , and scotland , for the king is not . sleeping in his emissaries , for he hath armies in two kingdomes , and now in three kingdomes , by sea and land , night and day in actuall pursuit , not of one david , but of the estates , and a christian community in england and scotland , and that for religious , lawes and liberties , for the question is now betweene papist and protestant , between arbitrary or tyranicall government , and law-government , and therefore by both the lawes of the politique societies of both kingdomes , and by the law of god and nature , we are to use violent re-offending for self-preservation , and put to this necessity when armies are in actuall pursuit of all the protestant churches of the three kingdoms , to actuall killing , rather then we be killed , and suffer lawes , and religion to be undone . but saith the royalist , davids argument , god forbid that i stretch out my hand against the lords annoynted , my master the king , concludeth universally , that the king in his most tyrannous acts , still remaining the lords anoynted , cannot be resisted . ans . . david speaketh of stretching out his hand against the person of king saul : no man in the three kingdomes , did so much as attempt to do violence to the kings person . but this argument . is inconsequent , for a king invading in his own royall person , the innocent subject , . suddainly . . without colour of law and reason . . unavoidably , may be personally resisted , and that with opposing a violence bodily , yet in that invasion he remaineth the lords annoynted . . by this argument the life of a murtherer cannot be taken away by a judge , for he remaineth one endued with gods image , and keepeth stil the nature of a man under all the murthers that he doth , but it followeth no wayes , that because god hath indowed his person with a sort of royalty , of a divine image , that his life cannot be taken ; and certainly , if to be a man endued with gods image , gen. . , . and to bee an ill doer worthy of evill punishment are different ; to be a king , and an ill doer may be distinguished . the grounds of self-defence are these ; a woman or a young man may violently oppose a king , if he force the one to adultery and incest , and the other to sodomy ; though court-flatterers should say , the king in regard of his absolutenesse is lord of life and death ; yet no man ever said , that the king is lord of chastity , faith , and oath that the wife hath made to her husband . . particular nature yeelds to the good of universall nature , for which cause heavie bodies ascend , aerie and light bodies descend ; if then a wilde bull or a goaring oxe , may not be let loose , in a great market-confluence of people ; and if any man turne so distracted , as he smite himselfe with stones and kill all that passe by him , or come at him ; in that case the man is to be bound , and his hands fettered , and all whom he invadeth may resist him , were they his owne sons , and may save their owne lives with weapons ; much more a king turning a nero : king saul vexed with an evill spirit from the lord , may be resisted ; and farre more i● a king indued with use of reason , shall put violent hands on all his subjects , kill his son and heire ; yea , any violently invaded , by natures law , may defend themselves , and the violent restraining of such an one is but the hurtingof one man , who cannot be virtually the common-wealth ; but his destroying ▪ of the community of men sent out in warres , as his bloody emissaries , to the dissolution of the common-wealth . . the cutting off of a contagious member , that by a gangrene , would corrupt the whole body , is well warranted by nature , because the safety of the whole is to be preferred to the safety of a part : nor is it much that royalists say the king being the head , destroy him , & the whole body the comon-wealth is dissolved ; as cut off a mans head , & the life of the whole man is taken away ; because , . god cutteth off the spirits of tyrannous kings , and yet the common-wealth is not dissolved , no more then when a leopard or a wilde boare , running through children is killed , it can be the destruction of all the children in the land . . a king indefinitely is referred to the common-wealth as an adequat head to a monarchicall kingdome , and remove all kings and the politique body as monarchicall , in its frame , is not monarchicall , but it leaveth not off to be a politique body , seeing it hath other judges , but the naturall body without the head cannot live . . this or that tyrannous king , being a transient mortall thing , cannot be referred to the immortall common-wealth , as it is adequat correlate . they say , the king ●ever dieth , yet this king can dye ; an immortall politique body , such as the common-wealth , must have an immortall head , and that is a king as a king ; not this or that man , possibly a tyrant , who is for the time ( and eternall things abstract from time ) onely a king. . the reason of fortunius garcias a skilfull lawyer in spaine is considerable , coment . in l. ut vim vi ff . de justit . & jure . god hath impl●nted in every creature naturall inclinations , and motions to preserve it selfe , and we are to love our self for god , and have a love to preserve our selves rather then our neighbour , and natures law teacheth every man to love god best of all , and next our selves more then our neighbour ; for the law saith , thou shalt love thy neighbour as thy selfe ; then ( saith malderus com . in . q. . tom . . c. . concl . . ) the love of our selfe , is the measure of the love of our neighbour . but the rule and the measure is more perfect , simple , and more principall then the thing that is measured : it is true , i am to love the salvation of the church , it comming neerer to gods glory , more then my owne salvation , as the wishes of moses and paul do prove ; and i am to love the salvation of my brother , more then my owne temporall life ; but i am to love my owne temporall life , more then the life of any other , and therefore i am rather to kill , then to be killed , the exigence of necessity so requiring ; nature without sin aimeth this as a truth , in the case of losse of life ; proximus sum egomet mihi . ephes . . , . he that loveth his wife , loveth him selfe ; for no man ever yet hated his owne flesh , but nourisheth it , and cherisheth it , even as the lord the church . as then nature tyeth the dam to defend the young birds , and the lyon her whelps , and the husband the wife , and that by a comparative re-offending , rather then the wife or children should be killed ; yea , hee that is wanting to his brother , ( if a robber unjustly invade his brother ) and helpeth him not , is a murtherer of his brother so farre , gods spirituall law requiring both conservation of it in our person , and preservation in others . the forced damsell was commanded to cry for help , and not the magistrate onely , but the neerest private man or woman was to come , by an obligation of a divine law of the seventh commandement , to rescue the damsell with violence ; even as a man is to save his enemies oxe or his asse out of a pit : and if a private man may inflict bodily punishment of two degrees , to preserve the life and chastity of his neighbour , far rather then suffer his life and chastity to be taken away , then he may inflict violence of foure degrees even to killing , for his life , and much more for his owne life . so when a robber , with deadly weapons invadeth an innocent traveller to kill him , for his goods , upon the supposition that if the robber be not killed , the innocent shall be killed ; now the question is , which of the two , by gods morall law and revealed will in point of conscience , ought to be killed by his fellow ; for we speake not now of gods eternall decree of permitting evill , according to the which murtherers may crucisie the innocent lord of glory : by no morall law of god , should the ●● just robber kill the innocent traveller , therefore in this exigence of providence , the traveller should rather kill the robber . if any say , by gods morall law not one should kill his fellow ; and it is a sin against the morall law in either to kill other ; i answer : if a third shall come in when the robber and the innocent are invading each other for his life , all acknowledge by the sixt commandement , the third may cut off the robbers arme to save the innocent ; but by what law of god he may cut off his arme , he may take his life also to save the other ; for it is murther to wound unjustly , and to dismember a man by private authority , as it is to take away his life : if therefore the third may take away the robbers member , then also his life , so hee doe it without malice or appetite of revenge , and if he may doe it out of this principle , thou shalt love thy neighbour as thy selfe ; because a man is obliged more to love his owne flesh , then his neighbours , ephes . . . and so more to defend himselfe , then to defend his neighbour , then may he oppose violence to the robber ; as two men drowning in a water , the one is not obliged by gods law , to expose himselfe to drowning to save his neighbour ; but by the contrary , hee is obliged rather to save himselfe , though it were with the losse of his neighbours life : as in war , if souldiers in a strait passage be pursued on their life , nature teacheth them to flee ; if one fall , his fellow in that exigence is not onely not obliged to lift him up , but he and the rest flying , though they trample on him and kill him , they are not guilty of murther , seeing they hated him not before . deut. . . . so chemnit . loc . com . de vindic . q. . alloweth private defence . . when the violence is suddaine , and the . violence manifestly inevitable . . when the magistrate is absent and cannot help . . when moderation is kept as lawyers require . . that it be done incontinent , if it be done after the injury , it is revenge , not defence . . not of desire of revenge . . with proportion of armor . if the violent invader invade not with deadly weapons , you must not invade him with deadly weapons , and certainly the law , exod. . of a mans defending his house is clear . . if he come in the night , it is presumed he is a robber . . if he be taken with a weapon breaking the house , he cometh to kill , a man may defend himself , wife , and children , but he is . but to wound him , and if he die of the wound , the defender is free , so the defender is not to intend his death , but to save himself . . it were a mighty defect in providence to man , if dogs by nature may defend themselves against wolves , bulls against lyons , doves , against haukes , if man in the absence of the lawfull magistrate , should not defend himself against unjust violence , but one man might raise armies of papists sick for blood to destroy innocent men . they object , when the king is present in his person , and his invaders , he is not absent , and so though you may rather kill a private man , then suffer your self to be killed , yet , because prudence determineth the means of self-defence , you are to expose your life to hazard for justice of your king , and therefore not to do violence to the life of your king , nor can the body in any self-defence , fight against the head , that must be the destruction of the whole . ans . though the king be present as an unjust invader in warres against his innocent subjects , he is absent as a king , and a father and defender , and present as an unjust grassator , and therefore the innocent may defend themselves , when the king neither can , nor will defend him . nature maketh a man ( saith the law . l. gener. c. de decur . l. . l. sialius . § . bellissimè ubique gloss . in vers . ex magn . not . per. illum . text . ff . quod vi aut clam . l. ait praetor . § . si debitorem meum . ff . de hisque in fraud . credito . ) even a privat man his own judge , magistrate and defender , quando copiam judicis , qui sibijus reddat , non habet . when he hath no judge , to give him justice and law . . the subjects are to give their lives , for the king , ad the king , because the safety of the king as king is the safety of the common-wealth . but the king as offering unjust violence to his innocent subjects is not king. zoannet . part . . defens . n. . transgrediens notoriè officium suum judex , agit velut privatus aliquis , non ut magistratus . ff . de injur . est bonus in simili in . l. qui fundum . § . si . tutor . ff . pro emptore . . if the politick body fight against this head in particular , not as head , but as an oppressor of the people . there is no fear of dissolution , if the body rise against all magistracy , as magistracy and lawes : dissolution of all must follow , parliaments and inferiour jadges are heads . num. . . num. . . deut. . . iosh . . . mic. . . ver . . . king. . . chron. . . chro. . . no lesle then the king , and it is unlawfull to offer violence to them , though i shall rather thinke a private man is to suffer the king to kill him , rather then he kill the king ; because he is to preferre the life of a private man , to the life of a publique man. . by the law of nature a ruler is appointed to defend the innocent . now by nature an infant in the wombe d●fendeth it self first , before the parents can defend it , then when parents and magistrates are not , ( and violent invading magistrates are not in that magistrates ) nature hath commended every man to self-defence . . the law of nature excepteth no violence , whether inflicted by a magistrate , or any other unjust violence from a ruler is twice injustice . . he doth unjustly as a man. . as a member of the common-wealth . . he committeth a speciall kind of sin of injustice , against his office , but it is absurd to say we may lawfully d●fend our selves from smaller injuries , by the law of nature ; and not from the greater . if the pope ( saith fer. vasquez . illust . quest . l. . c. . n. , . ) command to take away benefices from the just owner , these who are to execute his commandement , are not to obey , but to write back that that mandat came not from his holinesse , but from the avarice of his officers ; but if the pope still continue and presse the same unjust mandat , the same should be written againe to him : and though there be none above the pope , yet there is naturall self-defence patent for all . defensio vitae nece●aria est , & à jure naturali profluit : l. ut vim . ff . de just . & jure . nam quod quisque ob tutelam corporis sui fecerit , jure fecisse videatur . c●jus naturale . . distinc . l. . ff . de vi & vi armata . l. injuriarum . ff . de injuria . c. significasti . . de hom . l. scientiam . sect . qui non aliter ff . ad leg . aquil. c. si vero . de sent . excom . & l. sed etsi ff . ad leg . aquil. etiamsi sequatur homicidium . vasquez . l. . c. . n. . etiam occidere licet ob defensionem rerum . vim vi repellere omnia jura permittunt in c. significasti . garcias fortunius comment . in l. ut vim . ff . de instit ▪ & jur . n. . defendere se est juris naturae & gentium . a jure civili fuit additum moderamen inculpatae tutelae . lac . novel . defens . n. . occidens principem vel alium tyrannidem exercentem , à paena homicidii excusatur . grotius de jure belli & pacis , l. . c. . n. . si corpus impetatur vi presente , cum periculo vitae non aliter vitabili , tune bellum est licitum etiam cum intersectione periculum inf●rentis , ratio , natura quemque sibicommendat . barcl . advers . monar . l. . c. ▪ est jus cuilibet se tenendi adversus immanem sevitiam . but what ground ( saith the royalist ) is there to take arms against a king ? ielousies and suspitions are not enough . ans . the king sent first an armie to scotland , and blocked us up by sea , before we took armes . . papists were armed in england , they have professed themselves in their religion of trent to be so much the holyer , that they root out prottstants . . the king declared we had broken loyalty to him , since the last parliament . . he d●clared both kingdoms rebels . . attempted in his emissaries to destroy the parliament . . and to bring in a forraigne enemie . and the law saith , an imminent danger , which is a sufficient warrant to take up armes , is not strokes , but either the terrour of armour , or threatning . glossator . in d. l. . c. vinde vi . ait non esse verbera expectanda , sed vel terrorem armorum sufficere , vel minas , & hoc esse immin●ns periculum . l. sed & si quemcunque in princ . ff . ad leg . aquil. l. . quod qui armati ff . de vi & vi armata is qui aggressorem . c. adlegem c. adlegem corneli . in most hainous sinnes , conatus , the endeavour and aime ( etiamsi effectus non sequatur , puniridebet ) is punishable . bartoln . in l. si quis non dicam rapere . the king hath aimed at the destruction of his subjects , through the power of wicked counsellors , and we are to consider not the intenton of the workes , but the nature and intention of the work ; papists are in armes , their religion , the conspiracy of trent , their conscience ( if they have any ) their malice against the convenant of scotland which abjureth their religion to the full , their ceremonies , their prelates lead , and necessitate them to root out the name of protestant , religion , yea and to stab a king who is a protestant . nor is our king remaining a protestant , and adhering to his oath made at his coronation in both kingdomes , lord of his own person , master of himself , nor able as king to be a king over protestant subjects , if the papists now in armes under his standard , shall prevail . the king hath been compelled to go against his own oath and the lawes which he did swear to maintaine : the pope sendeth to his popish armies both dispensations , bulls , mandats , incouragements : the king hath made a cessation with the bloody irish , and hath put arms in the hands of papists . now he being under the oath of god , tied to maintain the protestant religion , he hath a metaphysically subtle , pearcing faith of miracles , who beleeveth armed papists , and prelates shall defend protestants , their religion , and these who have abjured prelats as the lawful sons of the pope , that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , and as the law saith , quilibet in dubio praesumitur bonus . l. merito praesumi . l. non omnes § à barbaris de re milit . charity beleeveth not ill : so charity is not a foole to beleeve all things . so saith the law , semel malus , semper praesumitur malus , in eodem genere . c. semel malus de jure gentium in . once wicked is alwayes wicked in that kind . marius salamonius i. c. in l. ut vim at que injuriam ff . de just . & jure . we are not to wait on strokes , the terrour of armour , omnium consensu , by consent of all is sufficient . n. . if i see ( saith he ) the enemy take an arrow out of the quiver , before he bend the bow , it is lawfull to prevent him with a blow — cunctatio est periculosa . the kings comming with armed men , to demand the five members , into the house of commons , is very symbolicall , and warre was printed on that fact , he that runneth may reade . his comming to hull with an armie , saith not he had no errand there , but aske what it was in the clock . see novellus that learned venetian lawyer , in a treatise for defence , he maketh continuatam rixam , a continued upbraiding a sufficient ground of violent defence . he citeth doctores comniter . in l. ut vim . ff . de just . & jure . yea he saith , drunkennesse , defens . n. . error , n. . madnesse , n. , . ignorance , n. . . impudence , n. . necessity , n. . lasciviousnesse , . continuall reproaches , . the fervour of anger , . threatning , . feare of imminent danger , . iust grief doe excuse a man from homicide , and that in these he ought to be more mildly punished , quia obnubilatum & mancum est consilium , reason in these being lame and clogged . ambros . l. . offic . quinon repellit injuriam à socio , cum potest , tam est in vitio , quam ille qui facit . and as nature , so the law saith , when the losses are such as can never be repaired , as death , mutilation , lesse of chastity , quoniam facta infecta fieri nequeunt , things of that kinde once done , can never be undone , we are to prevent the enemy , l. zonat. tract . defens . par . . l. in bello § . factae de capit . notat . gloss . in l. si quis provocatione . if the king send an irish rebell to cast me over a bridge , and drowne me in a water , i am not to do nothing , while the kings emissary first cast me over , and then in the next room i am to defend my self ; but nature and the law of self-defence warranteth me ( if i know certainly his ayme ) to horse him first over the bridge , and then consult how to defend my selfe at my own leasure . royalists object that david in his defence never invaded and persecuted saul ; yea , when he came upon saul and his men sleeping , hee would not kill any ; but the scottish and parliaments forces not onely defend , but invade , offend , kill and plunder ; and this is cleerely an offensive , not a defensive warre . answ . there is no defensive warre different in spece and nature from an offensive warre , if we speake physically , they differ onely in the event and intention of the heart , and it is most cleare that the affection and intention doth make one and the same action of taking away the life , either homicide , or no homicide : if a man out of hatred deliberately take away his brothers life , he is a murtherer eatenus , but if that same man had taken away that same brothers life , by the flying off of an axe head off the staffe , while he was hewing timber , he neither hating him before , nor intending to hurt his brother , he is no murtherer , by gods expresse law , deut. . . deut. . ioshua . . . the cause betweene the king and the two parliaments , and betweene saul and david , are so different in this , as it is much for us : royalists say , david might if he had seene offending to conduce for selfe-preservation , have invaded sauls men , and say they , the case was extraordinary , and bindeth not us to selfe-defence ; and thus they must say ; for offensive weapons , such as goliahs sword , and an hoast of armed men , cannot by any rationall men be assumed ( and david had the wisdome of god ) but to offend , if providence should so dispose ; and so what was lawfull to david , is lawfull to us in self-defence , he might offend lawfully , and so may we . . if saul and the philistims ayming ( as under an oath ) to set up dagon in the land of israel , should invade david , and the princes and elders of israel who made him king ; and if david with an hoast of armed men , he and the princes of israel , should come in that case upon saul and the philistims sleeping , if in that case david might not lawfully have cut off the philistims , and as he defended in that case gods church , and true religion , if he might not then have lawfully killed ( i say ) the philistims , i remit to the conscience of the reader . now to us papists and prelates under the kings banner , are philistims , introducing the idolatry of bread-worship and popery , as hatefull to god , as dagon-worship . . saul intended no arbitrary government , nor to make israel a conquered people , nor yet to cut off all that professed the true worship of god ; nor came saul against these princes , elders and people who made him king , only davids head would have made saul lay downe arms ; but prelates , and papists , and malignants under the king , intend to make the kings sole will a law , to destroy the court of parliament , which putteth lawes in execution against their idolatry ; and their ayme is that protestants be a conquered people , and their attempt hath been hitherto to blow up king and parliament , to cut off all protestants , and they are in armes in divers parts of the kingdome , against the princes of the land , who are no lesse judges and deputies of the lord , then the king himselfe ; and would kill , and do kill , plunder and spoyle us , if we kill not them . and the case is every way now betweene armies and armies , as betweene a single man unjustly invaded for his life , and an unjust invader : neither in a naturall action , such as is self-defence , is that of policy to be urged ; none can be judge in his owne cause , when oppression is manifest ; one may be both agent and patient , as the fire and water conflicting ; there is no need of a judge , a community casts not off nature ; when the judge is wanting , nature is judge , actor , accused and all . lastly , no man is lord of his owne members , of his body , m. l. liber homo ff . ad leg . aqui. nor lord of his owne life , but is to be accountable to god for it . quest . xxxii . whether or no the lawfulnesse of defensive warres hath its warrant in gods word , from the example of david , elisha , the eighty priests who resisted uzziah , & c ? david defended himselfe against king saul , . by taking goliahs sword with him , . by being captaine to six hundred men , yea , it is more then cleare , chron. . that there came to david a hoast like the hoast of god , v. . to help against saul , exceeding foure thousand , v. . now that this hoast came warrantably to help him against saul , i prove , . because it is said , ver . . now these are they that came to david to ziglag , while he kept himselfe close , because of saul the son of kish ; and they were amongst the mighty men , helpers of the warre : and then so many mighty captains are reckoned out , v. . there came of the children of benjamin and iudah to the hold of david , v. . and there fell some of manasseh to david . . as he went to ziglag there fell to him of manasseh ; ke●●h , and jozabad , jedi●l and michael , and elihu , and zilthai captaines of the thousands that were of manasseh . . and they helped david against the band ( of the rovers . ) . at that time day by day there came to david , untill it was a great hoast , like the hoast of god. now the same expression that is ver . . where it is said , they came to help david against saul , which ver . . is repeated , ver . . ver . , , , , . . that they wartantably came , is evident ; because , . the spirit of god commendeth them for their valor and skill in war , ver . . ver . . ver . . ver . . which the spirit of god doth not in unlawfull wars . . because amasai , v. . the spirit of the lord comming on him , saith , thine are we , david , and on thy side , thou son of jesse ; peace , peace unto thee , and peace to thy helpers , for thy god helpeth thee . the spirit of god inspireth no man to pray peace , to those who are in an unlawfull warre . . that they came to davids side onely to be sufferers , and to flee with david , and not to pursue and offend , is ridiculous . . it is said , ver . . they came to david to ziglag , while he kept himselfe close , because of saul the son of kish . and they were amongst the mighty men , helpers of the warre . it is a scorne to say , that their might , and their helping in warre , consisted in being meere patients with david , and such as fled from saul : for they had beene on sauls side before ; and to come with armour to flee , is a mocking of the word of god. . it is cleare , the scope of the spirit of god is to shew how god helped his innocent servant david against his persecuting prince and master king saul , in moving so many mighty men of warre to come in such multitudes , all in armes , to help him in warre . now to what end would the lord commend them , as fit for warre , men of might , fit to handle shield & buckler , whose faces are as the faces of lyons , as swift as the roes on the mountaines , ver . . and commend them as helpers of david , if it were unlawfull for david , and all those mighty men , to carry armes to pursue saul and his followers , and to doe nothing with their armour but flee ? judge if the spirit of god in reason could say , all these men came armed with bowes , ver . . and could handle both the right hand and the left in slinging stones , and shooting of arrowes , and that ver . . all these came to david , being mighty men of valour , and they came as captains over hundreds and thousands , & they put to flight all them of the valleyes , both toward the east , and toward the west , ver . , . and that david received them , and made them captains of the band , if they did not come in a posture of warre , and for hostile invasion , if need were ? for if they came on●ly to suffer and to slee , not to pursue , bowes , captaines , and captaines of bands made by david and davids helpers in the warre , came not to help david by flying , that was a hurt to david , not a help . it is true , m. symmons sai●h , sam. . . those that came out to david , strengthened him , but he strengthened not them ; and david might easily have revenged himselfe on the ziphites , who did good will to betray him to the hands of saul , if his conscience had served him . answ . . this would inferre that these armed men came to help david against his conscience , and that david was a patient in the businesse , the contrary is in the text , sam. . . david became a captaine over them : and chron. . . if ye come peaceably to help me , my heart shall be knit to you . ver . . then david received them , and made them captains of the band . . david might have revenged himselfe upon the ziphites : true , but that conscience hindred him , cannot be proved . to pursue an enemie is an act of a councell of warre ; and he saw it would create more enemies , not help his cause . . to david to kill saul sleeping , and the people who out of a mis-informed conscience came out , many of them to help their lawfull prince against a traitor ( as was supposed ) seeking to kill their king , and to usurp the throne , had not been wisdome nor justice , because to kill the enemie in a just self-defence , must be , when the enemie actually doth invade , and the life of the defendant cannot be otherwise saved . a sleeping enemie is not in the act of unjust pursuit of the innocent ; but if an armie of papists , philistims were in the fields sleeping , pursuing not one single david onely for a supposed personall wrong to the king , but lying in the fields and campe against the whole kingdome and religion , & labouring to introduce arbitary government , popery , idolatry , and to destroy lawes and liberties , and parliaments , then david were obliged to kill these murtherers in their sleep . if any say , the case is all one in a naturall self-defence , what ever be the cause , and who ever be the enemy , because the self-defender is not to offend , except the unjust invader be in actuall pursuit , now armies in their sleep are not in actuall pursuit . answ . when one man with a multitude invadeth one man , that one man may pursue , as he seeth most conducible for self-defence . now the law saith , threatnings and terror of armour maketh imminent danger , and the case of pursuit in self-defence lawfull ; if therefore an armie of irish rebels and spanyards were sleeping in their camp , and our king in a deep sleep in the midst of them , and these rebels actually in the camp besieging the parliament , and the citie of london , most unjustly to take away parliament , laws , and liberties of religion , it should follow that generall essex ought not to kill the kings majesty in his sleep , for he is the lords anointed , but . will it follow that generall essex may not kill the irish rebels sleeping about the king ? and that he may not rescue the kings person out of the hands of the papists and rebels , ensnaring the king , and leading him on to popery , and to employ his authority to defend popery , and trample upon protestant parliaments , and lawes ? certainly from this example this cannot be concluded . for armies in actuall pursuit of a whole parliament , kingdome , lawes , and religion , ( though sleeping in the camp ) because in actuall pursuit , may be invaded , and killed , though sleeping . and david useth no argument from conscience , why hee might not kill sauls armie , ( i conceive he had not armes to doe that ) and should have created more enemies to himselfe , and hazard his owne life , and the life of all his men , if he had of purpose killed so many sleeping men ; yea the inexpedience of that , for a private wrong to kill gods mis-led people , should have made all israel enemies to david . but david useth an argument from conscience onely , to prove it was not lawfull for him to stretch forth his hand against the king ; and for my part , so long as he remaineth king , and is not dethroned by those who made him king at hebron , to put hands on his person , i judge utterly unlawfull : one man sleeping cannot be in actuall pursuit of another man ; so that the self-defender may lawfully kill him in his sleep ; but the case is farre otherwise in lawfull wars , the israelites might lawfully kill the philistims encamping about jerusalem to destroy it , and religion , and the church of god , though they were all sleeping ; even though we suppose king saul had brought them in by his authority , & though he were sleeping in the midst of the uncircumcised armies ; and it is evident , that an hoast of armed enemies , though sleeping , by the law of self-defence may be killed , left they awake and kill us ; whereas one single man , and that a king , cannot be killed . . i think certainly , david had not done unwisely , but hazarded his owne life , and all his mens , if he , and ahimel●ch , and abishai should have killed an host of their enemies sleeping , that had been a work , as impossible to three , so hazard some to all his men . d. ferne , as arnisaeus did before him , saith , the example of david was extraordinary , because he was anointed and designed by god as successor to saul , and so he must use an extraordinary way of guarding himselfe . arnisaeus citeth alberic . gentilis , that david was now exempted from amongst the number of subjects . answ . there were not two kings in israel now , both david and saul . . david acknowledgeth his subjection in naming saul the lords anointed , & his master , lord & king ; and therefore david was yet a subject . . if david would have proved his title to the crowne by extraordinary wayes , he who killed goliah extraordinarily , might have killed saul by a miracle ; but david goeth a most ordinary way to work , for self-defence , and his comming to the kingdom was through persecution , want , eating shew-bread in case of necessity , defending himself with goliahs sword . . how was any thing extraordinary , and above a law , seeing david might have killed his enemie saul , and according to gods law he spared him ? and hee argueth from a morall duty , he is the lords annoynted , therefore i will not kill him ? was this extraoardinary above a law ? then according to gods law he might have killed him . royalists cannot say so , what ground to say one of davids acts in his deportment toward saul was extraordinary , and not all ? was it extraordinary that david fl●d ? no : or that david consulted the oracle of god , what to do when saul was coming against him ? . in an ordinary fact something may be extraordinary , as the dead sleep from the lord upon saul , and his men . . sam. . and yet the fact according to its substance ordinary . . nor is this extraordinary , that a distressed man , being an excellent warriour as david was , may use the help of six hundred men , who by the law of charity are to help to deliver the innocent from death ; yea , all israel were obliged to defend him , who killed goliah . . royalists make davids act of not putting hands on the lords annointed an ordinary morall reason against resistance , but his putting on of armour , they will have extraordinary , and this is ( i confesse ) a short way to an adversary to cull out something that is for his cause , and make it ordinary , and something that is against his cause , must be extraordinary . . these men by the law of nature were obliged to joyne in armes with david , ergo the non-helping of an oppressed man , must be gods ordinary law : a blasphemous tenet . . if david by an extraordinary spirit killed not king saul , then the jesuits way of killing must be gods ordinary law. . david certainly intended to keep keilah against king saul , for the lord would not have answered david in an unlawfull fact , for that were all one , as if god should teach david how to play the traitor to his king ; for if god had answered , they will not deliver thee up , but they shall save thee from the hand of saul , as david beleeved he might say this , as well as its contradicent , then david behoved to keep the city , for certainly davids question pre-supposeth he was to keep the city . the example of elisha the prophet is considerable , kings . . but elisha sate in his house , and the elders with him : and the king sent a man before him ; but ere the messengers came to him , he said to the elders , see now the sonne of a murtherer , hath sent to take away mine head . here is unjust violence offered by king ioram to an innocent man. elisha keepeth the house violently against the kings messenger , as we did keep castles against king charles his unlawfull messengers . look ( saith he ) when the messenger commeth , shut the doore . . there is violence also commanded , and resistence to be made , hold him fast at the doore . in the hebrew it is , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 arias montan. claudite ●stium , & opprimetis eum in ostio : violently presse him at the doore : and so the chaldee paraphrase , ierom. ne sinatis eum introire . the lxx . interpreters , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , illidite eum in ostio , presse him betwixt the doore and the wall . it is a word of bodily violence , according to vatablus . yea theodoret will have king ioram himselfe holden at the doore . and . it is no answer that d. ferne and other royalists give , that elisha made no personall resistance to the king himselfe , but onely to the kings cut-throat , sent to take away his head . yea they say , it is lawfull to resist the kings cut-throats . but the text is cleere , that the violent resistance is made to the king himselfe also , for he addeth , is not the sound of his masters feet behinde him ? and by this answer , it is lawfull to keep townes with iron gates and barres , and violently to oppose the kings cut-throats , comming to take away the heads of the parliaments of both kingdomes , and of protestants in the three kingdomes . some royalists are so impudent , as to say that there was no violence here , and that elisha was an extraordinary man , and that it is not lawfull for us to call a king the son of a murtherer , as the prophet elisha did : but ferne sect . . pag. . forgetting himselfe , saith from hence , it is lawfull to resist the prince himselfe , thus farre , as to ward his blowes , and hold his hands : but let ferne answer , if the violent binding of the princes hands , that he shall not be able to kill , be a greater violence done to his royall person , then davids cutting off the lap of sauls garment ; for certainly , the royall body of a prince is of more worth then his cloathes . now it was a sinne , i judge , that smote davids conscience , that he being a subject , and not in the act of naturall self-defence , did cut the garment of the lords annointed . let ferne see then how he will save his owne principles , for certainly hee yeeldeth the cause for me ; i judge that the person of the king , or any judge , who is the lords deputy , as is the king , is sacred , and that remaining in that honourable case , no subject can without guiltinesse before god , put hands in his person , the case of naturall self-defence being excepted : for because the royall dignity doth not advance a king above the common condition of men , and the throne maketh him not leave off to bee a man , and a man that can do wrong ; and therefore as one that doth manifest violence to the life of a man , though his subject , he may be resisted with bodily resistance in the case of unjust and violent invasion . it is a vaine thing to say , who shall be judge betweene the king and his subjects ? the subject cannot judge the king , because none can be judge in his owne cause , and an inferiour or equall cannot judge a superiour or equall . but i answer , . this is the kings owne cause also , and he doth unjust violence as a man , and not as a king , and so he cannot be judge more then the subject . . every one that doth unjust violence as he is such , is inferiour to the innocent , and so ought to be judged by some . . there is no need of the formality of a judge in things evident to natures eye , such as are manifestly unjust violences : nature in acts naturall of self-defence , is judge , party , accuser , witnesse , and all ; for it is supposed the judge is absent , when the judge doth wrong . and for the plea of elisha's extraordinary spirit ; it is no thing extraordinary to the prophet to call the king the sonne of a murtherer , when hee complaineth to the elders for justice of his oppression , no more then it is for a plaintiffe to libell a true crime against a wicked person ; and if elisha's resistance came from an extraordinary spirit , then it is not naturall for an oppressed man to close the doore upon a murtherer , then the taking away of the innocent prophets head must be extraordinary , for this was but an ordinary and most naturall remedy against this oppression ; and though to name the king the sonne of a murtherer , be extraordinary , ( and i should grant it without any hurt to this cause ) it followeth no wayes that the self-defence was extraordinary . . . chron. . . foure score of priests , with azariah are commended as valiant men . lxx . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . heb. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 arias montan ▪ filii virtutis , men of courage and valour , for that they resisted vzziah the king , who would take on him to burne incense to the lord , against the law. m. symmons pag. . sect . . they withstood him not with swords and weapons , but onely by speaking , and one but spake . i answer ; it was a bodily resistance : for beside that , ierome turneth it , viri fortissimi , most valiant men ; and it is a speech in the scripture , taken for men valorous for warre ; as sam. . . sam. . . chron. . . and so doth the phrase 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 potent in valour . and the phrase , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 sam. . . sam. . . sam. . . and therefore all the . not onely by words , but violently expelled the king out of the temple . . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 arias mont. & ●s●●t●runt contra huzzi-iahu . the lxx . say , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 they resisted the king , so dan. . . the armies of the south shall not stand . dan. . . it is a word of violence . . the text saith ver . . and , they thrust him out . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ar. mont. & fecerunt eum festinare . hyerony . festinatò expulerunt eum . the lxx . say , the priest 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , so vatablus , they cast him out . and . it is said ver . . he was cut off from the house of the lord. doctor ferne saith sect . . pag. . they are valiant men who dare withstand a king in an evil way , by a home reproofe , and by withdrawing the holy things from him , especially since by the law the leper was to be put out of the congregation . ans . . he contradicteth the text , it was not a resistance by words , for the text saith they withstood him , and they thrust him out violently . . he yeeldeth the cause , for to withdraw the holy things of god , by corporall violence , and violently to pull the censer out of his hand , that he should not provoke gods wrath , by offering incense to the lord is resistance , and the like violence may , by this example , be used , when the king useth the sword and the militia to bring in an enemy to destroy the kingdom : it is no lesse injustice against the second table , that the king useth the sword to destroy the innocent , then to usurpe the c●nsor against the first table . but doctor ferne yeeldeth that the censor may be pulled out of his hand , lest he provoke god to wrath . ergo , by the same very reason , a fortiore , the sword , the castles , the sea-ports , the militia may be violently pulled out of his hand , for if there was an expresse law that the leper should be put out of the congregation , and therefore the king also should be subject to his church-censor , then he subjecteth the king to a punishment to be inflicted by the subjects , upon the king , ergo the king is obnoxious to the coactive power of the law . . ergo , subjects may judge him and punish him . . ergo he is to be subject to all church-censors , no lesse then the people . . there is an expresse law that the leper should be put out of the congregation . what then ? flattering court divines say the king is above all these lawes , for there is an expresse law of god as expresse as that ceremoniall on touching lepers , and a more binding law , that the murtherer should die the death . will royalists put no exception upon a ceremoniall law of expelling the leper , and yet put an exception upon a divine morall law , concerning the punishing of murtherers given before the law on mount sinai . gen. . . they so declare that they accept the persons of men . . if a leper king could not actually sit upon the throne , but must be cut off from the house of the lord , because of an expresse law of god , these being inconsistent , that a king remaining amongst gods people , ruling and raigning , should keep company with the church of god , and yet be a leper who was to be cut off , by a divine law from the church , now i perswade my self that far lesse can he actually raigne in the full use of the power of the sword , if he use the sword to cut off thousands of innocent people , because murthering the innocent and fatherles , and royall governing in righteousnesse and godlinesse are more inconsistent , by gods law , being morally opposite , then remaining a governour of the people , and the disease of leprosie , are incompatible . . i think not much that barcley saith cont . monar . l . c. . vzziah remained king , after he was removed from the congregation for leprosie . . because that toucheth the question of dethroning kings , this is an argument brought for violent resisting of kings , and that the people did resume all power from vzziah , and put it in the hand of iotham his son , who was over the kings house , judging the people of the land . ver . . and by this same reason the parliaments of both kingdomes may resume the power once given to the king , when he hath proved more unfit to governe morally , then vzziah was ceremonially , that he ought not to judge the people of the land in this case . . if the priests did execute a ceremoniall law upon king vzziah . far more may the three estates of scotland , and the two houses of parliament of england execute the morall law of god on their king. if the people may covenant by oath to rescue the innocent and unjustly condemned , from the sentence of death notoriously known be to tyranous and cruel , then may the people resist the king in his unlawfull practises . but this the people did in the matter of ionathan . m. symmons saith pag. . and doctor ferne § . . . that with no violence , but by prayers and teares the people saved jonathan , as peter was rescued out of prison by the prayers of the church , king saul might easily be intreated to break a rash vow to save the life of his eldest son . ans . i say not the common people did it , but the people including proceres regni , the princes of the land , and captaines of thousands . . the text hath not one word or syllable of either prayers , supplications or teares , but by the contrary ▪ they bound themselves by an oath , contrary to the oath of saul ▪ sam. . . and swear . ver . . god forbid , as the lord liveth , there shal not one hair of his head fall to the ground , so the people rescued ionathan . the church prayed not to god for peters deliverance with an oath , that they must have peter saved whether god will or no. . though we read of no violence used by the people , yet an oath upon so reasonable a ground . . without the kings consent . . contrary to a standing law , that they had agreed unto , ver . . . contradictory to the kings sentence and unjust oath . . spoken to the king in his face , all these prove that the people meaned , and that the oath ex conditione operis , tended to a violent resisting of the king in a manifestly unjust sentence . chrysostom . hom . . ad pop. antioch . accuseth saul as a murtherer in this sentence , and praiseth the people . so iunius , peter martyr , ( whom royalists impudently cite ) so cor. à lap . zanch. lyra , and hug. cardinalis say it was tyranny in saul , and laudable that the people resisted saul , and the same is asserted by iosephus l. . antiquit . c. . so althus . polyt . c. . n. . we see also chron. . . that libnah revolted from under iehoram , because he had forsaken the lord god of his fathers . it hath no ground in the text that royalists say , that the defection of lybnah is not justified in the text , but the cause is from the demerit of wicked iehoram , because he made defection from god , libnah made defection from him , as the ten tribes revolted from rehoboam for solomons idolatry , which before the lord procured this defection , yet the ten tribes make defection for oppression . i answer , where the literall meaning is simple and obvious , we are not to go from it . the text sheweth what cause moved libnah to revolt , it was a town of the levites , and we know they were longer sound in the truth then the ten tribes , . chron. . , . hos . . . lavater saith iehoram hath pressed them to idolatry , and therefore they revolted . zanch. cor. à lap. saith , this was the cause that moved them to revolt , and it is cleare ver . . he caused judah and the inhabitants of jerusalem to go a whoring from god , and no doubt tempted libnah to the like . yea the city of abel sam. . did well to resist ioab , davids generall , for he came to destroy a whole city for a traitors sake , for sheba , they resisted and defended themselves , the wise woman calleth the city a mother in israel , and the inheritance of the lord. ver . . and ioab professeth ver . . far be it from him to swallow up and destroy abel . the woman saith ver . . they said of old , they shall surely ask counsell at abel , and so they ended the matter , that is , the city of abel was a place of prophets and oracles of old where they asked responses of their doubts , and therefore peace should be first offered to the city before ioab should destroy it ; as the law saith , deut. . . from all which it is evident , that the city , in defending it self did nothing against peace , so they should deliver sheba the traitour to ioabs hand , which accordingly they did : and ioab pursued them not as traitors for keeping the city against the king , but professeth in that they did no wrong . quest . xxxiii . whether or no the place rom. . . prove that in no case it is lawfull to resist the king ? the speciall ground of royalists from rom. . against the lawfulnesse of defensive wars , is to make paul , rom. . speake onely of kings . hugo grotius de jure belli & pac . l. . c. . num . . barclay cont . monarch . l. . c. . saith , though ambrose expound the place rom. . de solis regibus , of kings onely , ( this is false of kings onely , he doth not , but of kings principally ) y●a it followeth not that all magistrates , by this place , are freed from all lawes , because ( saith he ) there is no iudge above a king on earth , and therefore he cannot be punished ; but there is a iudge above all inferiour iudges , and therefore they must be subject to lawes . so d. ferno followeth him , sect . . pag. . and our poore prelate must be an accident to them , sacr. san. maj. cap. . pag. . for his learning cannot subsist per se . . assert . in a free monarchie ( such as scotland is known to be ) by the higher power rom. . is the king principally in respect of dignity understood ; but not solely and onely , as if inferiour judges were not higher powers . . i say in a free monarchie : for no man can say , that where there is not a king , but onely aristocracie , and government by states , as in holland , that there the people are obliged to obey the king ; and yet this text , i hope , can reach the consciences of all holland , that there every soule must be subject to the higher powers , and yet not a subject in holland is ●o be subject to any king : fo● non ●ntis nulla ●unt accidentia . . i said the king in a free monarchie is here principally understood in regard of dignity , but not in regard of the essence of a magistrate , because the essence of a magistrate doth equally belong to all inferiour magistrates , as to the king , as is already proved , ( let the prelate answer if he can ) for though some judges be sent by the king , and have from him authority to judge , yet this doth no more prove that inferiour judges are unproperly judges , and onely such by analogie , & not essentially ; then it will prove a citizen is not essentially a citizen , nor a church-officer essentially a church-officer , nor a sonne not essentially a living creature , because the former have authority from the incorporation of citizens , and of church-officers , and the latter hath his life by generation from his father , as gods instrument . for though the citizen and the church-officers may be judged by their severall incorporations that made them , yet are they also essentially citizens and church-officers , as those who made them such . . assert . there is no reason to restrain the higher powers to monarchs onely , or yet principally , as if they onely were essentially powers ordained of god , . because he calleth them 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , higher powers . now this will include all higher powers , as piscator observeth on the place . and certainly rome had never two or three kings to which every soule should be subject , if paul had intended that they should have given obedience to one nero , as the onely essentiall judge he would have designed him by the nowne in the singular number . . all the reasons that the apostle bringeth to prove that subjection is due , agreeth to inferiour judges , as well as to emperours , for they are powers ordained of god , and they beare the sword , and we must obey them for conscience sake , and they are gods deputies , and their judgement is not the judgement of men , but of the lord , chron. . , . deut. . . numb . . , . tribute and wages be no lesse due to them , as ministers and servants , for their work , then to the king , &c. . the apostle could not omit obedience to the good civill lawes enacted by the senate , nor could he omit to command subjection to rulers , if the romanes should change the government , and abolish monarchie , and erect their ancient forme of government before they had kings . . this is canonicall scripture , and a cleare exposition of the first commandement , and so must reach the consciences of all christian republicks , where there is no monarchie . . parallel places of scripture prove this . paul , tim. . , . will have prayers made to god , for kings , and for all that are in authority , and the intrinsecall end of all is , a godly , honest , and peaceable life . and pet. . . submit to every ordinance of man for the lords sake . tit. . . it is true , subjection to nero , of whom tertullian said , apol. . nihil nisi grande bonum à nerone damnatum , is commanded here , but to nero as such an one as he is obliged , de jure , to be , ( whether you speak of the office , in abstracto , or of the emperour , in concreto , in this notion , to me it is all one ) but that paul commandeth subjection to nero , and that principally and solely , as he was such a man , defacto , i shall then beleeve , when antichristian prelats turn pauls bishops , tim. . which is a miracle . . inferiour judges are not necessarily sent by the king , by any divine law , but chosen by the people , as the king is ; and defacto , is the practise of creating all magistrates of cities in both kingdomes . . augustin . expos , prop. . on epist . rom. lrenaeus l. . c. . chrysostom . in psal . . and on the place , hieron . epist . . advers . vigilant . expound it of masters , magistrates ; so do calvin , beza , pareus , piscator , rollocu . marlorat . so do popish writers , aquinas , lyra , hugo cardinal . carthus . pirerius , toletus , cornel. à lapide , salmeron , estius , expound the place ; and therefore there is no argument , that royalists hence draw against resisting of the king by the parliaments ; but they do strongly conclude against the cavalliers unlawfull warres against the parliaments and estates of two kingdomes : here what p. p. saith to the contrary . . they are called eminent powers . ergo , kings only . answ . it followeth not , for these can be no other then 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , tim. . . but these are not kings , but in the text contradivided from 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , kings , and they can be no other then 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , principalities and powers . . the reason of the apostle proveth clearely , that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ▪ cannot meane kings onely , for paul addeth of that same 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , for there is no power but of god : it must be there is no supereminent royall power , but it is of god , and the powers royall onely ( so he must meane ) that are , are ordained of god. now this latter is manifestly false , for inferiour powers are of god ; the power of the roman senate , of a master , of a father , are of god. p. prelate . peter must expound paul , and pauls higher powers must be , pet. . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . more reason that paul expound paul : now tim. . . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , all in authority are not kings . p. prelate . ( are of god ) or ( ordained of god ) cannot so properly be understood of subordinate powers , for that is not by immediate derivation from god , but immediately from the higher power the king , and mediately from god. answ . it is most false that king david is so immediatly a king from god , as that he is not also by the mediation of the people , who made him king at hebron . . the inferiour magistrates are also immediate vicars and ministers of god as the king , for their throne and judgement is not the kings , but the lords , deut. . . chron. . . . though they were mediatly from man , it followeth not that they are not so properly from god , for wisdome prov. . saith as properly , ver . . by me princes rule , and nobles , even all the iudges of the earth , as ver . . by me kings reigne ; and promotion is as properly from god , and not from the east , and the west , psal . . , . though god promote ioseph by the than●full munificence of pharaoh , and mordecai by ahasuerus , daniel by darius , as if he gave them power and honour immediately from heaven . prelat . learned interpreters expound it so . answ . it is an untruth , for none expound it onely and principally of kings . produce one interpreter for that conceit . prelat . paul wrote this when nero was monarch . answ . then must the text be expounded of nero only . . he wrote this when nero played the tyrant , and persecuted christians : ergo , we are not to disobey nero's now . . he wrote it when the senate of rome had power to declare nero an enemy , not a father ; as they did . p. prelat . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 must be referred to the antecedent 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ▪ and this , there is no power , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 but of god ; must undeniably inferre , there is no supreme power but of god ; and so soveraignty relates to god as his immediate author ; so sectaries reason , gal. . . not justified by works , ( 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ) but by saith onely . then 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , must be a perfect exclusive , else their strong hold for iustification is overthrowne . answ . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , hath a neerer antecedent , which is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , it is alone without 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , and this grammer is not so good as beza's , which hee rejected . . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , will referre to god alone , as the onely cause , in genere causae primae . god alone giveth raine : but not for that immediatly , but by the mediation of vapours and clouds . god alone killeth and maketh alive , deut. . . that is , excluding all strange gods , but not immediatly ; for by his peoples fighting , he slew og king of bashan , and cast out seven nations , yet they used bow and sword , as it is in the book● of ioshua ; and therefore god killed not og immediatly . god hath an infinite , eminent , transeendent way of working , so that in his kinde he onely worketh his alone : deus solus operatur solitudine primae causae , non solus solitudine omnis causae , god onely giveth learning and wisdome , yet not immediatly alwayes ; often he doth it by teaching , and industry . god onely maketh rich , yet the prelates make themselves rich also with the fat of the flock , and god onely maketh poore ; yet the p. prelates courts mediately also under god , made many men poore . . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , is not such an exclusive particle when we ascribe it to god , as when we ascribe it to two created causes , workes , and faith ; and the protestants forme of arguing ▪ gal. . to prove we are justified by faith , he calleth our strong hold : ergo , it is not his strong hold . in this point then hee must be a papist , and so he refuses to owne protestant strong holds , for justification by faith alone . d. ferne sect . . pag. . as many as have soules must be subject to the higher powers spoken of here ; but all inferiour iudges have soules . answ . if the word ( soules ) be thus pressed , none shall be understood by higher powers , but the king onely ▪ . certainly , he that commandeth as he commandeth , must be excepted , except , because the king hath a soule , you must subject the king to himself , and to his owne commandements royall ; and so to penall lawes . . inferiour judges , as judges by this text , must either be subject to themselves as judges , and by the same reason , the king must be subject to himselfe , as he is a judge : or judges as men , or as erring men are to be subject ; which i would grant , but they are not subject as judges , no more then one as he commandeth , can also obey as he commandeth . these are contradictory ; i am not put off that opinion since i was at schools , species subjicibilis qua subjicibilis non est praedicabilis . . if nero make fathers rulers over their mothers and children , and command them , by his publique sword of justice , to kill their owne children and mothers ; if a senate of such fathers disobey , and if with the sword they de●end their own children and mothers , which some other doegs as judges are to kill , in the name and commandement of nero : then they resisting neroes bastard-commandment , by this doctrine resist the ordinance of god , and resist the minister of god. i have not a faith stretcht out so farre to the prelates court-divinity . yet ferne saith , there was never more cause to resist higher powers , for their wicked nero was emperour , when he now forbideth resistance rom. . under the paine of damnation . i desire to be informed , whether to resist the kings servants be to resist the king. doctor forne p. . § . . p. . and par . . § . . p. . allow us in unavoidable assaults , where death is imminent , personall defence without offending , as lawfull , whether the king or his emissaries invade , without law or reason . well then , the resisting then of the kings cut-throats , though they have a personall command of the king to kill the innocent , yet if they want a legall , is no resisting of the king , not as king , and the servant hath no more then the master giveth , but the king in lawlesse commandements gave nothing royall to his cut-throates , and so nothing legall . quest . xxxiiii . whether royalists by cogent reasons do prove the unlawfulnesse of defensive warres ? vvhat reasons have already been discussed , i touch not . obj. . arnisaeus de authorit princip . c. . num . . if we are to obey our parents , not if they be good , but simply whether they be good or ill ( so iust ▪ saith of the king , quamvis legum contemptor , quamvis impius , tamen pater § . si vero in ff . vos . . ) then must we submit to wicked kings . ans . valeat totum , we are to submit to wicked kings , & wicked parents , because kings , and parents : but when it cometh to actuall submission , we are to submit to neither but in the lord ; the question is not touching subjection to a prince , let him be nero , but if in acts of tyranny we may not deny subjection : there be great odds betwixt wicked rulers , and rulers commanding or punishing unjustly . obj. . arnisaeus c. . n. . we may resist an inferior magistrate . ergo , we may resist the supreame , it followeth not , for an inferiour judge hath a majesty infiction onely , not properly : treason is , or can onely be committed against the king , the obligation to inferiour judges is onely for the prince , the person of none is sacred and inviolable but the kings . ans . we obey parents , masters , kings , upon this formall ground , because they are gods deputies , and set over us , not by man , but by god : so that not onely are we to obey them because what they command is good and just ( such a sort of obedience an equall owes to the counsell of either equall or inferiour ) but also by vertue of the fift commandement , because of their place of dignity : now this majesty which is the formall reason of subjection is one and the same in spece and nature in king and constable , and onely different gradually in the king and in other judges , and it is denyed that there is any incommunicable sanctity in the kings person which is not in some degree in the inferiour judge , all proceedeth from this false ground , that the king and inferiour judges differ in nature , which is denied : and treason inferiour may be committed against an inferiour judge , and it is a fiction that the inferiour judge doth not resemble god , as the king doth , yea there is a sacred majesty in all inferiour judges , in the aged , in every superiour , wherefore they deserve honour , feare and reverence . suppose there were no king on earth , as is cleare in scripture . exod. . . levit. . . esther . . psal . . . prov. . . math. . . heb. . . isa . . . lam. . . mal. . . psal . . . and this honour is but united in a speciall manner in the king , because of his high place . obj. . a king elected upon conditions may be resisted . ans . he is as ●ssentially a king , as a hereditary , yea as an absolute prince , and no lesse the lords annoynted then another prince , if then one , also another may be resisted . obj. . the oath of god bindeth the subjects . ergo , they must obey , not resist . ans . obedience and resistance are very consistent . . no doubt the people gave their oath to athaliah , but to her as the onely heir of the crown , they not knowing , that ioash the lawfull heir was liveing , so may conditionall oaths ( all of this kinde are conditionall ) in which there is interpretative and virtuall ignorance , be broken , as the people swear loyalty to such a man conceived to be a father , he after that turneth tyrant , may they not resist his tyranny ? they may . also no doubt israel g●ve their oath of loyalty to iabin , ( for when nebuchadnezer subdued iudah he took an oath of loyalty of their king. ) yet many of zabulon , nepthali , and isachar , barack leading them , conspired against iabin . obj. . there is no law to take a kings life , if he turne a nero , we never read that subjects didit . ans . the treatise of unlimited prerogative saith , p. . we read not that a father killing his children , was killed by them , the fact being abhominable . . the law gen. . . levit. . . excepteth none . se● deut. . . the dearest that nature knoweth , are not excepted . obj. . vengeance pursued core , dathan and abiram who resisted moses . ans . from resisting of a lawfull magistrate , in a thing lawfull , it followeth not , it must be unlawfull to resist kings , in tyrannous acts . obj. . exod. . . thou shalt not revile the gods , nor curse the ruler of the people . exod. ▪ . curse not the king , no not in thy thought , nor the rich in thy bed-chamber . ans . . the word elohim signifieth all judges , and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , nasifignifieth one lifted up above the people , saith rivetus in loc . whether a monarch , or many rulers . all cursing of any is unlawfull , even of a private man , rom. . . ergo we may not resist a private man by this : the other text readeth , contemne not the king. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in scientiâ tuâ . aria . mon. or in thy conscience or thought : and it may prove resisting any rich man to be unlawfull . nothing in word or deed tending to the dishonour of the king may be done , now to resist him in self-defence , being a commandment of god in the law of nature cannot fight with another commandment to honour the king , no more then the fift commandement can figh● with the sixth , for all resistance is against the judge , as a man exceeding the limits of his office , in that , wherein he is resisted , not as a judge . obj. . eccles . . . . where the word of a king is , there is power : and who may say to him , what dost thou ? ergo , the king cannot be resisted . ans . . tremel . saith well , that the scope is that a man go not from the kings lawfull command in passion and rebellion . vatab. if thou go from the king in disgrace , strive to be reconciled to him quickly . cajetan . vse not kings too familiarly , by comming too quickly to them , or going too hastily from them . plutarch , cum rege agendum ut cum rogo , neither too neere this fire , nor too farre off . those have smarted who have been too great in their favour , ahasuerus slew haman , alexander so served clitus , and tiberius sejanus , and nero seneca . but the sence is cleare , rebellion is forbidden , not resistance , so the hebrew , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 stand not in an evil matter , or in a rebellion . and he dehorteth from rebellion against the king , by an argument taken from his power . . for he doth whatsoever pleaseth him . . where the word of a king is , there is power , and who may say unto him , what doest thou ? the meaning is in way of justice , he is armed with power that cannot be resisted , other wayes samuel said to king saul , sam. . . thou hast done foolishly . eliah said more to ahab then what hast thou done ? and the prophets were to rebuke sinne in kings , king. . . ier. . . chap. . . hos . . , . and though solomon here give them a power , he speaketh of kings as they are de facto ; but de jure they are under a law , deut. . . if the meaning be , as royalists dreame , he doth whatsoever hee will or desireth , as a prince , by his royall , that is , his legall will , by which he is lex animata , a breathing law ; we shall owne that as truth , and it is nothing against us . but if the meaning be , that de jure , as king , he doth whatsoever he will , by the absolute supremacie of royall will above all law and reason ; then ioram should by law as king , take elisha's head away , and elisha resisted god , in saying , what doth the king ? and he sinned in commanding to deal rougbly with the kings messenger , and hold him at the doore : then the fourescore valiant priests , who said to king vzziah , what dost thou ? resisted him , in burning incense , which he desired to doe , sinned ; then pharaoh , who said , ezech. . . the river nilus is mine , i have made it for my selfe : and the king of tyrus , ezek. . . i am god , i sit in the seat of god , should not be controlled by the prophets , and no man should say to them , what sayest thou ? did cyrus as a king , with a royall power from god , and jure regio , be angry at the river gyndes , because it drowned one of his horses , and punish it , by dividing it in . channels ? sen. l. . de ira , c. . and did xerxes , jure regio , by a royall power given of god , when hellespontus had cast downe his bridges , command that three hundred whips should be inflicted on that little sea , and that it should be cast in fetters ? and our royalists will have these mad fooles , doing these acts of blasphemous insolencie against heaven , to be honoured as kings , and to act those acts by a regall power . but heare , flatterers , a royall power is the good gift of god , a lawfull and just power . a king acting and speaking as a king , speaketh and acteth law and justice . a power to blaspheme is not a lawfull power ; they did and spake these things with a humane and a sinfull will , if therefore this be the royalists meaning , as kings , . they are absolute , and so the limited and elected king is no king. . the king as king is above gods law , put on him by god , deut. . . his will is the measure of good and ill . . it were unlawfull to say to the king of cyrus , what sayest thou ? thou are not god , according to this vaine sense of royalists . obj. . elihu saith , iob . . is it ( fit ) to say to a king , ( thou art ) ●icked , and to princes , ( ye are ) ungodly ? ergo , you may not resi● . kings . ans . . this text no more proveth that kings should not be resisted , then it proveth that rich men , or liberall men , or other judges inferiour , should not be resisted , for 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 signifieth all that , and it signifieth liber all , isa . . . and ver . . the same word is . . deodat . and calvin say , the meaning is , learne from the respect that is due to earthly princes , the reverence due to the soveraign lord , mal. . . for it is not convenient to reproach earthly kings , and and to say to a prince , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 beliel , a word of reproach , signifying extreme wickednesse . and you may not say to a man of place , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 an extreamly wicked man , so are the words taken , as signifying most vile and wicked men , sam. . . sam. . . sam. . . psal . . , . psal . . . psal . . . prov. . . psa . . . and in infinite places . for 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 is a word of extreme reproach , comming from 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 sine , non , and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 profuit , iud. . . a most naughtie and a lewd man , or from 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 jugum , a lawlesse man , who hath cast off all yokes of gods or mans law. so then the meaning is , it is unlawfull to reproach earthly princes and men of place , farre more is it unlawfull to reproach the judge of the whole earth with injustice . and what then ? we may not reproach the king , as shimei cursed king david . ergo , it is unlawfull to resist the king in any tyrannous act : i shall deny the consequence . nay , as pineda observeth , if the royalist presse the words literally , it shall not be lawfull for prophets to reprove kings of their sins . christ called herod a fox , elias ahab , one that troubled israel . obj. . act. . paul excuseth himselfe that he called ananias the high-priest a whited wall . answ . rivetus , exo. . learnedly discussing the place , thinketh paul , professing he knew him not to be the high-priest , speaketh ironically , that he could not acknowledge such a man for a judge . piscator answereth , he could not then cite scripture , it is written , exod. &c. ans . but they may well consist , in that act of smiting paul unjustly , he might be reproached , otherwise it is not lawfull to reproach him ; and surely it is not like that paul was ignorant that he was a judge . yea it is certain he knew him to be a judge . . he appeared before him as a judge , to answer for himselfe . . paul saith expresly he was a judge , ver . . sittest thou to judge me after the law ? &c. and therefore the place is for us , for even according to the mind of all , the fault was ( if there were any ) in calling him a whited wall : and he resisted him in judgement , when he said , commandest thou me to be smitten against the law ? . though royalists rather put a fault on the apostle paul now in the act of prophecying judgement against ananias , which after fell out , then upon their god the king ; yet the consequence amounteth but to this , we may not revile the high priest , ergo we may not resist the king in his illegall commandments . it followeth not . yea it should prove , if a prelate come in open war to kill the innocent apostle paul , the apostle might fly or hold his hands , but might not re-offend : now the prelate is the high priests successor , and his base person so is as sacred as the person of the lords anointed , the king. hence the cavalliers had in one of their colours which was taken by the scots at the battle of marston , lul . . an. . the crowne and the prelates mitre painted with these words , nolite tangere christos meos , as if the antichristian mitre were as sacred as the lawfull crowne of the king of britaine . obj. . ferne , sect . . . if the senate and people of rome , who a little before had the supreme government over the then emperors , that of subjects had made them lords , might not resist their emperours , much lesse can the people of england have power of resistance , against the succession of this crowne , descending from the conqueror , who by force of armes , but in justice , conquered the kingdom . answ . . though the roman emperours were absolute ( of which i much doubt ) and though the senate had made them absolute , i deny that therefore they cannot be resisted . the unlawfull resistance condemned by paul , rom. . is not upon the ground of absolutenesse , which is in the court of god nothing , being never ordained of god , but upon reasons of conscience , b●cause the powers are of god , and ordained of god. but some may say , volenti non fit injuria , if a people totally resigne their power , and swear non-resistance to a conqueror , by compact , they cannot resist . i answer , neither doth this follow , because it is an unlawfull compact , and none is obliged to what is unlawfull . for . it is no more lawfull for me to resigne to another my power of naturall self-defence , then i can resigne my power to defend the innocent drawne to ●eath , and the wives , children and posterity that god hath tyed me unto . . the people can no more resigne power of self-defence , which nature hath given them , then they can be guilty of self-murther , and be wanting in the lawfull defence of kingdome and religion . . though you make one their king with absolutenesse of power , yet when he use that transcendent power , not for the safety , but for the destruction of the state , it is knowne they could not resigne to another that power which neither god nor nature gave them , to wit , a power to destroy themselves . . i much doubt if the roman emperour was absolute , when paul wrote this ▪ iustinian saith so , digest . l. . tit . . but he is partiall in this cause . bodine de repub . l. . c. . pag. . proveth that the roman emperours were but princes of the common-wealth , and that the soveraignty remained still in the senate and people . marius salamon . writeth sixe books , de principatu , on the contrary . how could they make the●r emperours absolute ? livie saith , the name of a king was contrary to a senate liberty . florus , nomen regis invidiosum , they instituted a yearly feast , february . called regifugium . ciccro , as augustine observeth , regem romae post haec nec dii ▪ nec homines esse patiantur . the emperours might doe something de facto , but lex regia was not before vespasians time . augustus took on him to be tribune of the people , from ten yeares to t●n . suetonius and tacitus say , the succeeding kings encroached by degrees upon the peoples liberty . for speedier execution of law , the kings in time of warre were forced to doe many things without the senate , and after the reigne of emperours , though there were no plebescita , yet there were senatusconsulta , and one great one is , that the senate declard nero to be an enemie to the state. it is thought , iulius caesar in the warre against pompey , subdued the romans , and the senate , and they were subdued againe in the battaile of octavius , against cassius and brutus . but tacitus saith , that was de facto , not de jure , anal. l. . s . . rome ruere in servitium , consules , patres , eques . caligula intended to assume diadema , the ensigne of a king , but his friends disswaded him . . england is obliged to d. ferne , who maketh them a subdued nation . the contrary of which is known to the world . obj. m. simmons loyall subj . beliefe , sect . . pag. . god is not honoured by being resisted , no more is the king. answ . i deny the consequence . those who resist the kings personall will , and will not suffer him to ruine his crowne and posterity in following papists , against his oath at the coronation , do honour him and his throne and race as a king , though for the time they displease him . . vzziah was not dishonoured in that he was resisted . . nor doe we honour the king , when we flee from him and his law. yet that resistance is lawfull , according to the way of royalists ; and in truth also . object . . supreme power is not to be resisted by subordinate powers , because they are inferiour to the supreme . answ . the bloody irish rebels then being inferiour to the parliament , cannot resist the parliament . . inferiour judges as judges are immediately subordinate to god as the king , and must be guilty of blood before god , if they use nor the sword against bloody cavalliers , and irish cut-throats , except you say , inferiour judges are not obliged to execute judgement , but at the kings commandment . object . as the irish rebels are armed with the kings power , they are superiour to the parliament . answ . so an armie of turks and spaniards , armed with the kings power , and comming against the two kingdomes , at the kings commandement , though they be but lictors in a lawl●sse cause , are superiour to the highest courts of parliament in the two kingdomes . but the king and the law gave power to the parliament , first to resist rebels ; now he giveth power to rebels to resist the parliament : here must be contradictory wils , and contradictory powers in the king ; which of them is the kings will , and his power ? the former is legall and parliamentary ; then , because law is not contrary to law , the latter cannot be legall also , nor can it be from god ; and to resist it then is not to resist god. object . . if resistance bee restrained to legall commandements , what shall we say to these arguments , that paul forbiddeth resistance under these tyrannous governours , and that from the end of their government , which is for good , and which their subjects did in some sort enjoy under them ? answ . . this proveth nothing , but that we are to cooperate with these governours , though tyrannous , by subjecting to their laws , so farre , as they come up to this end , the morall good and peace of their government ; but paul no where commandeth absolute subjection to tyrannous governours in tyrannous acts ; which is still the question . object . . hee that hath the supreme trust next to god , should have the greatest security to his person and power ; but if resistance be lawfull , he hath a poore security . answ . he that hath the greatest trust , should have the greatest security to his person and power , in the keeping his power , and using it according to his trust , for its owne native end , for justice , peace , and godlinesse . god alloweth security to no man , nor that his angel● shall guard them , but onely when they are in their wayes , and the service of god ; else , there is no peace to the wicked . . it is denyed that one man having the greatest trust should have the greatest security ; the church and people of god , for whose safety he hath the trust , as a meanes for the end , should have a greater security ; the city ought to have greater security then the watchers , the armie then the leaders ; the good shepherd giveth his life for his sheepe . . a power to doe ill , without resistance , is not security . object . . if god appoint ministers to preach , then the sheep cannot seeke safety elsewhere . ergo. answ . the wife is obliged to bed and board with her husband , but not if she feare he will kill her in the bed . the obedience of positive duties that subjects owe to princes , cannot loose them from natures law of self-preservation , nor from gods law , of defending religion against papists in armes ; nor are the sheep obliged to intrust themselves , but to a saving shepherd . object . . if self-defence , and that by taking up armes against the king , be an unlawfull duty , how is it that you have no practise , no precept , no promise for it in all the word of god ? . you have no practise ; ahab sold himselfe to do evill , he was an idolater , and killed the prophets ; and his queene a bloody idolatresse , stirred him up to great wickednesse : elias had as great power with the people as you have , yet hee never stirred up the people to take armes against the king. why did god at this time rather use an extraordinary meanes of saving his church ? arnisaeus de autho . princ. c. . but elias only fled . nebuchadnezer , ahab , manassah , julian were tyrants and idolaters , the people never raised an armie against them . b. williams of osserie , p. . deut. . if brother , son , daughter , wife or friend intice thee to follow strange gods , kill them , not a word of the father ▪ children are to love fathers , not to kill them . christ ( saith john p. p. ) in the cradle , taught by practise to flee from herod ; and all christs acts and sufferings are full of mysteries , and our instructions : hee might have had legions of angels to defend him , but would rather worke a miracle , in curing malchus eare , as use the sword against caesar . if sectaries give us a new creed , it will concerne them neere with expunging christs descent into hell , and the communion of saints , to raze out this , he suffered under pontius pilate — my resolution is ( for this sin of yours ) to dissolve in teares and prayers , and with my master say daylie and hourely , father forgive them , &c. christ thought it an uncouth spirit , to call for fire from heaven to burne the samaritans , because they refused him lodging . . the prophets cried out against idolatry , blasphemy , murther , adultery , &c. and all sins ; never against the sin of neglect , and murtherous omission to defend church and religion against a tyrannous king. . no promise is made to such a rebellious insurrection in gods word . answ . it is a great non-consequence ; this duty is not practised by any examples in gods word . ergo. it is no duty . practice in scripture is a narrow rule of faith : shew a practice when a husband stoned his wife , because she inticed him to follow strange gods. yet it is commanded , deut. . when a man lying with a beast is put to death : yet it is a law , exod. . . infinite more lawes are , the practise of which we finde not in scripture . . iehu and the elders of israel rooted out ahabs posterity for their idolatry ; and if iehu out of sincerity , and for the zeale of god , had done what god commanded , he should have beene rewarded : for say that it was extraordinary to iehu , that he should kill ahab , yet there was an expresse law for it , that he that stirreth up others to idolatry should die the death , deut. . . and there is no exception of king , or father in the law , and to except father or mother in gods matters , is expresly against the zeale of god , deut. . . and many grave divines think the people to be commended in making iehu king , and in killing king nabad , and smiting all the house of ieroboam fo● his idolatry ; they did that which was a part of their ordinary duty , according to gods expresse law , deut. . , , , . though the facts of these men be extraordinary . . ahab and iezabel raised not an armie of idolaters ; malignants , such as are papists , prelates , and cavalliers , against the three estates , to destroy parliaments , lawes and religion , and the people conspired with ahab in the persecution and idolatry , to forsake the covenant , throw downe the altars of god , and slay his prophets , so as in the estimation of elias , king. . , , . there was not one man , but they were malignant cavalliers , and hath any elias now power with the cavalliers , to exhort them to rise in armes against themselves , and to shew them it is their duty to make warre against the king and themselves , in the defence of religion ? when the prophets had much adoe to convince the people , that they sinned in joyning with the king , what place was there to shew them their sin , in not using their owne lawfull defence ? and in reason any may judge it unreasonable , for elias to exhort , of thousand thousands in israel ; poore seven thousand ( of which many no doubt were women , aged , weake , young ) to rise in armes against ahab and all israel , except god had given a positive and extraordinary commandement , and with all miraculous courage and strength in war against the whole land ; and god worketh not alwayes by miracles to save his church , and therefore the naturall mandate of self-preservation in that case doth no more oblige a few weake ones to lawfull resistance , then it obliged one martyre to rise against a persecuting nero and all his forces . arnisaeus should remember wee are not to tye our lord to miracles . . elias did not onely flee , but denounced wrath against the king , and cavalliers , who joyned with them in idolatry , and when god gave oportunity , he shewed himself , and stirred the people up to kill baals iesuits and seduceing idolatours , when the idolatrous king refused to do it , and eliah with his own hand took them not , but all israel being gathered together , king. . . the princes and judges did apprehend them , ver . . which is a warrant , when the king refuseth to draw the sword of justice against armed papists , that other judges are to do it . . for nebuchadnezzer , ieremiah from the lord , expresly forbad to fight against him , shew us the like for no defending our selves against bloody papists and irish cut-throats : for that example may as well prove ( if it be a binding law to us ) that our king should not raise his subjects , to fight against a spanish armado , and a forraigne prince ; for before ever nebuchadnezzer subdued the kingdom of iudah ier. . . in the beginning of the raigne of iehoiakim , ver . , , . chap. . chap. . the king of iudah is from the lord commanded , not to draw a sword against the king of babylon ; i hope this will not tye us , and our king , not to fight against forraigne princes , or against the great turk , if they shall unjustly invade us and our king , and this example is against the kings resisting of a forraigne prince unjustly invading him , as much , as against us , for nebuchadnezzar was a tyrannous invader , and the king of iudah the lords annoynted . . the people also conspired with manasseh , as with ahab , ier. . . . of emperours persecuting christians we shall heare anon . . deut. . none are excepted , by a synecdoche , the dearest are expressed , sonne , daughter , brother , the friend that is as thine own soul . ergo , fathers also . and husbands are to love their lives . ephes . . . yet to execute judgement on them , without pitty , deut. . . . the father is to love the son , yet if the son prophecy falsely in the name of the lord , to kill him . zach. . . hence love , fear , reverence toward th● king may be commanded , and defensive warres also . . christ fled from herod , and all his actions and sufferings are mysteries and instructions , saith the poor prelate . . christ kissed the man that to his knowledge came to betray him , christ fled not , but knowing where , and when his enemy should apprehend him , came willingly to the place . ergo , we should not flee . . his actions are so mysterious that iohn p. p. in imitation of christs fourty dayes fast , will fast from flesh in lent , and the prelate must walk on the sea , and work miracles , if all christs actions be our instructions . . he might with more then twelve legions of angels defend himself , but he would not , not because resistance was unlawfull , no shadow for that in the text , but because it was gods will , that he should drink the cup his father gave him , & because to take the sword without gods warrant , subjecteth the usurper of gods place to perish with the sword . peter had gods revealed wil , that christ behoved to suffer , math. . , . math. . , , . & gods positive command that christ should die for sinners , iohn . . may well restraine an act of lawfull self-preservation , hic & nunc , and such an act as christ lawfully used , at another time , luk. . ▪ . ioh. . , . we give no new creed , but this apostate hath forsaken his old creed , & the religion of the church of scotland , in which he was baptised . . nor do we expunge out of the creed christs descension into hell , & the communion of saints , as the apostate saith , but the popish locall descension of christ , & the popish advancing of the churches power above the scriptures , & the intercession & prayers to the saints , or of the saints for us , we deny , & this prelate , though he did swear the doctrine of the church of scotland , preached expresly all these & many other poynts of popery in the pulpits of edenburgh . . we beleeve that christ suffered under pontius pilat , but that pilat had any legal power to condemne christ , ( but onely a power by a permissive decree , act. . , . such as devils had by gods permission , luke . . . ) we utterly deny . . the prelat saith it is his resolution , for our sin of naturall selfe defence , to dissolve in tears , because his bishopricke ( i conceive ) by which he was wont to dissolve in cups , ( being drunk on the lords day , after he ( with other prelates ) had been at the lords supper , while the chamber ▪ wherein they were , was dissolved in vomitting , ) was taken from him . . the prophets cry against all sins , but never against the sin of non-resistance , and yet they had very tyrannous and idolatrous kings . . this is but a weak argument . . the prophets cry not out against all sins , they cry not out against men-stealers , and killers of father and mother in expresse tearmes , yet do they by consequence condemne all these sins , and so do they condemne non-resistance in wars , by consequence , when they cry out ier. . . the prophets prophesie falsly , and the priests beare rule by their meanes , and my people love to have it so . and when they complaine , ezek. . , , . that the prophets and priests violate the law , her princes are like wolves ravening the prey , to shed blood , and the people use oppression , and exercise robbery , and vexe the poore . and when they say , ier. . . not to the king onely , but also to his servants , and the people that enter in by the gates , . execute judgement and righteousnesse , and deliver the spoiled out of the hand of the oppressour . i pray you , who are the oppressors ? i answer , the murthering judges , esa . . . and esa . . . as for my people , children are their oppressors , and women rule over them : and ver . , . the ancients of the people grind the faces of the poore : and when they are not valiant for the truth upon the earth . and prov. . . the lord shal render to th●se men according to their works , which forbeare to help men that are drawn to death , and those that be ready to be slaine , if they shift the businesse , and say , behold , we know not , doth not he that pondereth the heart , consider it ? when therefore the lords prophets complaine that the people execute not judgement , relieve not the oppressed , help not and rescue not those that are drawn to death unjustly by the king , or his murthering judges , they expresly cry out against the sin of non-resistance . . the prophets cannot expresly and formally cry out against the judges for non-resisting the king , when they joyne as ravening wolves with the king in these same acts of oppression , even as the judge cannot formally impannell ● men sent out to guard the travellers from an arch robber , if these men joyne with the robber , and rob the travellers , and become cut-throats as the arch robber is , he cannot accuse them for their omission in not guarding the innocent travellers , but for a more hainous crime , that not onely they omitted what was their duty , in that they did not rescue the oppressed out of the hands of the wicked , but because they did rob and murther , and so the lesser sinne is swallowed up in the greater . the under-judges are watchmen , and a guard to the church of god ; if the king turn a bosome robb●r , their part is , ier. . . to deliver the spoiled out of the hand of the oppressour , to watch against domestick and forraine enemies , and to defend the flock from wolves , ezek. . , , . ier. . . to let the oppressed goe free , and to break every yoak , esay . . to break the jawes of the wicked , and pluck the spoile out of his ●e●th , job . . now if these judges turne lyons , and ravening wolves , to prey upon the flock , and joyne with the king , as alwayes they did when the king was an oppressor , his princes made him glad with their lies , and joyned with him , and the people with both . ier. . . ier. . . ier. . . mic. . . ezek. . , , , , , , , . ier. . , , . it is no wonder if the prophets condemne and cry out against the hugest and most bloody crime of positive oppression formally and expresly , and in that their negative murthers in not releeving the oppressed must also be cryed out against . . the whole land cannot formally be accused for non-resistance , when the whole land are oppressors , for then they should be accused for not resisting themselves . . the king ought to resist the inferiour judges in their oppression of the people , by the confession of royalists , then this argument cometh with the like force of strength on themselves , let them shew us practice , precept or promise in the word , where the king raised an armie for defence of religion , against princes and people who were subverting religion , and we shall make use of that same place of scripture , to prove that the estates and people who are above the king , ( as i have proved ) and made the king , may and ought to resist the king , with the like force of scripturall truth , in the like case . . royalists desire the like president of practice and precept for defensive warres : but i answer , let them shew us a practice where any king of israel or judah raised ▪ an armie of malignants , of phylistims , sydonians , ammonites , against the princes of israel and judah , conveened in an assemblie , to take course for bringing home the captived arke of god , and vindicating the lawes of the land , and raised an armie contrary to the knowledge of the elders , princes , and judges , to set up dagon , or tollerate the worship of the sydonian gods , and yet princes , elders , judges and the whole people were obliged , all to flee out of gods land , or then onely to weep and request that the king would not destroy souls and bodies of them and their innocent posterities , because they could not in conscience , imbrace the worship of dagon and the sydonian gods : when the royalist can parallel this with a precedent , we can answer , there was as smal apparency of precedency in scripture , ( except you flee to the law of nature ) that priests the subjects of king vzziah should put in execution a penall law against the lords annoynted , and that the inferiours , and subjects should resist the superiour , and that these priests with the princes of the land should remove the king from actuall government , all his dayes , and crown his son , at least make the father their prince and superiour ( as royalists say ) as good as a cypher ? is not this a punishment inflicted by inferiours upon a superiour , according to the way of royalists ? now it is clear a worshipping of bread and the masse commanded , and against law obtruded upon scotland , by influence of the counsell of known papists , is to us , and in it self as abominable as the worshiping of dagon or the sydonian gods , and when the kingdom of scotland did but conveen , supplicat , and protest against that obtruded idolatry , they were first declared rebels by the king , and then an army raised against them , by prelates and malignants , inspired with the spirit of anti-christ , to destroy the whole land , if they should not submit soul and conscience to that wicked service . quest . xxxv . whether or no the suffering of the martyrs in the primitive church militate against the lawfulnesse of defensive wars ? royalists think they burden our cause much with hatred , when they bring the fathers and ancient martyrs against us . so the p. prelate extracted out of other authors , testimonies for this , and from i. armagh , in a sermon on rom. . . pag. , . so the do. of aberdeene . the prelat proveth from clem. alexand. l. . c. . that the king is constituted by the lord. so ignatius . answ . . except he prove from these fathers that the king is from god onely and immediately , he proveth nothing . obj. . iren. l. . adv . haer . c. . proveth that god giveth kingdomes , and that the devill lied , luk. . and we make the people to make kings , and so to be the children of the devill . answ . if we denyed god to dispose of kingdomes , this man might alledge the church of god in england and scotland , to be the sons of satan . but gods word , deut. . . and many other places make the people to make kings , and yet not devils . but to say that prelates should crowne kings , and with their foule fingers anoint him ; and that as the popes substitutes , is to make him that is the sonne of perdition , a donor of kingdoms , also to make a man with his bloodie sword to ascend to a throne , is to deny god to be the disposer of kingdoms , and prelats teach both these . obj. . tertul. apol. c. . inde est imperator , unde & homo , antequam imperator , inde potestas illi , unde & spiritus : god is no lesse the creator of soveraigntie , then of the soul of man. answ . god onely maketh kings , by his absolute soveraignty , as he onely maketh high and low , and so onely he maketh mayors , provosts , bailiffes , for there is no power but of him , rom. . ergo ▪ provosts and bailiffes are not from men . the reader shall not be troubled with the rest of the testimonies of this poore plagiarie , for they prove what never man denyed , but prelats and royalists , to wit , that kings are not from gods approving and regulating will ; which they oppose , when they say , sole conquest is a just title to the crowne . but they deserve rather an answer which grotius , barclay , arnisaeus , and spalato alledge , as obj. . cyprian epist . . non est fas christianis , armis , ac vituori se adversus impetum persecutorum , christians cannot by violence defend themselves against persecutors . answ . if these words be pressed literally , it were not lawfull to defend our selfe against murtherers ; but cyprian is expresly condemning in that place , the seditious tumults of people against the lawfull magistrate . obj. . the ancients say he was justly punished who did rend and teare the edict of dioclesian and maximinus , euseb . l. . hist . eccles . c. . answ . to rend an edict is no act of naturall self-defence , but a breach of a positive commandment of the emperors , and could not be lawfully done , especially by a private man. object . . cyprian epist . . incumbamus gemitibus assiduis & deprecationibus crebris , haec enim sunt munimenta spiritualia & tela divina quae protegunt : and russinus , l. . c. . ambrosius adversus reginae ( iustinae arianae ) furorem non se manu defensabat aut telo , sed jejuniis continuatisque vigiliis sub altari positus . answ . it is true , cyprian reputed prayers his armour , but not his onely armour . though ambrose , de facto , used no other against iustina ; the places say nothing against the lawfulnesse of selfe-defence . ambrose speaketh of that armour and these meanes of defence , that are proper to pastors , and these are prayers and teares , not the sword ; because pastors carry the arke , that is their charge , not the sword , that is the magistrates place . object . . tertullian apolog. c. . saith expresly , that the christians might for strength and number have defended themselves against their persecutors , but thought it unlawfull . quando vel una nox pauculis faculis largitatem ul●ionis po et operari , si malum malo dispungi penes nos liceret , sed absit ut igni humano vindicetur divina secta , aut doleat pati , in quo probetur . si enim hostes extraneos , non tantum vindices occultos agere vellemus , deesset nobis vis numerorum & copiarum ? answ . i will not goe about to say that tertullian thought it lawfull to raise armes against the emperour ; i ingeniously confesse tertullian was in that errour . but , . something of the man. . of the christians . of the man. tertullian after this turned a montanist . . pamelius saith of him , in vit . tertul. inter apocrypha numeratur — excommunicatus . . it was tertullians error in a fact , not in a question , that he believed christians were so numerous , as that they might have fought with the emperours . . m. pryn doth judiciously observe , . part . soveraigne power of parl. pag. , . he not onely thought it unlawfull to resist , but also to flee , and therefore wrote a booke de fuga , and therefore as some men are excessive in doing for christ , so also in suffering for christ ; hence i inferre , that tertullian is neither ours , nor theirs in this point ; and we can cite tertullian against them also , i am sumus ergo pares . yea fox in his monum . saith , christians ranne to the stakes to be burnt , when they were neither condemned , nor cited . . what if wee cite theodoret , fol. . de provid . who about that time say that evill men reigne , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 through the cowardlinesse of the subjects ; as the prelate saith of tertullian , i turne it , if theodoret were now living , he would goe for a rebell . about that time christians sought help from constantine the great , against lycinius their emperour , and overthrew him in battaile . and the christians being oppressed by the king of persia their owne king , sent to theodosius to help them against him . . for the man. tertullian in the place cited , saith , the christians were strangers under the emperour . externi sumus , and therefore they had no laws of their owne , but were under the civill laws of heathen , till constantines time ; and they had sworne to iulian as his souldiers , and therefore might have , and no doubt had , scruples of conscience to resist the emperour . . it is knowne iulian had huge numbers of heathen in his armie , and to resist had beene great danger . . wanting leaders and commanders , ( many prime men doubting of the lawfulnesse thereof ) though they had beene equall in number , yet number is not all in warre , skill in valorous commanders is required . . what if all christians were not of tertullians minde . . if i would go to humane testimonies , which i judge not satisfactory to the conscience , i might cite many ; the practice of france , of holland : the divines in luthers time , as sleidan . . c. . . resolved resistance to be lawfull . calvin , beza , pareus ; the german divines , bucanus , and an hoast might be produced . quest . xxxvi . whether the power of warre be onely in the king ? it is not hard to determine this question : the sword in a constitute common-wealth is given to the judge supreme , or subordinate , rom. . . he beareth not the sword in vaine , in the empire ; the use of armour is restricted to the emperour by a positive law ; so the law saith , armorum officia nisi jussu principis sunt interdicta , lib. de cod. de lege . . imperat valentinian . nulli , nobis inconsultis , usus armorum tribuatur , ad . jul. mai. l. . warre is a species , and a particular , the sword is a generall . assert . . the power of the sword by gods law is not proper & peculiar to the king only , but given by god , to the inferiour judges . . because the inferiour judge is essentially a judge no lesse then the king , as is proved , and therefore he must beare the sword , rom. . . . not moses onely , but the congregation of israel had power of life and death , and so of the sword , numb . . . the manslayer shall not die , untill he stand before the congregation in judgement , ver . . then the congregation shall judge betweene the slayer and the avenger of blood , deut. . . the elders of the city shall take that man and chastise him . . the men of the citie shall stone her with stones , deu. . . deu. . , . v. , , , . deu. . . then shall his father and his mother bring him to the elders of his city . . and the men of the city shall stone him with stones . king. . . the elders and nobles that were inhabitants in his city stoned naboth . . inferiour judges are condemned as murtherers , who have shed innocent blood , esay . . psal . . . . ier. . . ezek. . . ver . . hosea . . zephan . . , , . ergo , they must have the power of the sword , hence upon the same grounds . assert . . that the king onely hath the power of warre , and raising armies must be but a positive civill law. for , . by divine right , if the inferiour judges have the sword given to them of god , then have they also power of warre , and raising armies . . all power of warre that the king hath is cumulative , not privative , and not distructive , but given for the safety of the kingdome , as therefore the king cannot take from one particular man the power of the sword for naturall self-preservation , because it is the birth-right of life ; neither can the king take from a community and kingdome a power of rising in armes for their owne defence : if an armie of turks shall suddenly invade the land , and the kings consent expresse cannot be had ( for it is essentially involved in the office of the king as king , that all the power of the sword that he hath , be for their safety ) or if the king should as a man refuse his consent , and interdict and discharge the land to rise in armes , yet they have his royall consent , though they want his personall consent , in respect that his office obligeth him to command them to rise in armes . . because no king , no civill power can take away natures birth-right of self-defence from any man , or a community of men . . because if a king should sell his kingdome , and invite a bloody conquerour to come in with an armie of men to destroy his people , impose upon their conscience an idolatrous religion , they may lawfully rise against that armie , without the kings consent , for though royalists say , they need not come in asinine patience , and offer their throats to cut-throats but may flee , yet two things hindereth a flight . . they are obliged by vertue of the first commandement to re-man , and with their sword defend the cities of the lord , and the king. sam. . . chron. . . for if to defend our country and children , and the church of god from unjust invaders and cut-throats by the sword , be an act of charity , that god and the law of nature requireth of a people , as is evident , prov. . . and if the fift commandement oblige the land to defend their aged parents and young children from these invaders , and if the sixt commandement lay on us the like bond , all the land are to act works of mercy and charity , though the king unjustly command the contrary ; except royalists say , that we are not to performe the duties of the second table commanded by god , if an earthly king forbid us ; and if we exercise not acts of mercy toward our brethren , when their life is in hazard , to save them , wee are murtherers , and so men may murther their neighbour , if the king command them so to doe ; this is like the court-faith . . the kings power of warres is for the safety of his people ; if he deny his consent to their raising of armes till they be destroyed , he playeth the tyrant , not the king , and the law of nature will necessitate them , either to defend themselves ( seeing flight of all in that case is harder then death ) else they must be guilty of self-murther . now the kings commandement of not rising in armes , at best is positive and against the nature of his office , and it floweth then from him as from a man , and so must be farre inferiour to the naturall commandement of god , which commandeth self-preservation , if wee would not be guilty of self-murther , and of obeying men , rather then god. so althusius polit. c. . n. . halicarnas . l. . antiq. rom. aristo . pol. l. . c. . . david tooke goliahs sword , and became a captaine , a captaine to an hoast of armed men in the battaile , and fought the battailes of the lord , sam. . . ( and this abigal by the spirit of prophecy , as i take it , saith , ver . , , . ) sam. . . chron. . . . . . . . . not onely without sauls consent , but against king saul as he was a man , but not against him as hee was king of israel . . if there be no king , or the king be minor , or an usurper , as athalia be on the throne , the kingdome may lawfully make war without the king , as iudges cap. . the children of israel , foure hundred thousand footemen that drew sword went out to warre against the children of benjamin . iudah had the power of the sword when iosiah was but eight yeares old , in the beginning of his reigne , king. . , . and before iehoash was crowned king , and while he was minor , king. . there were captaines of hundreds in armes raised by iehoiada and the people of iudah to defend the young king. it cannot be said , that this is more extraordinary , then that it is extraordinary for kings to die , and in the interregnum , warres , in an ordinary providence , may fall out in these kingdoms , where kings goe by election ; and for kings to fall to be minors , captives , tyrannous . and i shall be of that opinion that mr symmons , who holdeth , that royall birth is equivalent to divine unction , must also hold , that election is not equivalent to divine unction ; for both election and birth cannot be of the same validity , the one being naturall , the other a matter of free choise , which shall infer that kings by election are lesse properly , and analogically onely kings ; and so saul was not properly a king , for he was king by election ; but i conceive that rather kings by birth must be lesse properly kings , because the first king by gods institution , being the mould of all the rest , was by election . deut. . . . . . if the estates create the king , and make this man king , not this man , as is clear deut. . . and chron. . , , , . they give to him the power of the sword , and the power of war , and the militia , and i shall judge it strange and reasonlesse , that the power given to the king , by the parliament or estates of a free kingdom , ( such as scotland is acknowledged to be , by all ) should create , regulate , limit , abridge , yea and anull that power that created it self , hath god ordained a parliamentary power to create a royal power of the sword and war to be placed in the king , the parliaments creature , for the safety of parliament and kingdome , which yet is destructive of it selfe ? d. ferne saith that the king summoneth a parliament , and giveth them power to be a parliament , and to advise and counsell him ; and in the meane time scripture saith , deut ▪ . , , . sam. , , , , , . sam. . , , , . that the parliament createth the king , heir's admirable reciprocation of creation in policie , and shall god make the mother to destroy the daughter ? the parliamentarie power that giveth crown , militia , sword and all to the king , must give power to the king to use sword and war for the destruction of the kingdome , and to annull all the power of parliaments , to make , unmake parliaments , and all parliamentary power ; what more absurd ? obj. . symmons loyall subj . pag. . these phrases , sam. . . when kings goe forth to warre , and luk. . . what king going forth to warre ? speak to my conscience , that both offensive and defensive warre are in the kings hand . answ . it is not much to other men what is spoken to any mans conscience by phrase and customes ; for by this no states where there be no kings , but government by the best , or the people , as in holland , or in other nations , can have power of war , for what time of yeare shall kings goe to war who are not kings ? and because christ saith , a certaine housholder delivered talents to his servants , will this infer to any conscience , that none but a housholder may take usurie ? and when he saith , if the good man of the house knew at what houre the thiefe would come , he would watch ; shall it follow , the sonne or servant may not watch the house , but onely the good man ? obj. . ferne , pag. . the naturall bodie cannot move , but upon naturall principles ; and so neither can the politique bodie move in warre , but upon politique reasons from the prince , which must direct by law. answ . this may well be retorted , the politique head cannot then move , but upon politique reasons ; and so the king cannot move to wars , but by the law , and that is by consent of parliament , and no law can principle the head to destroy the members . . if an armie of cut-throats rise to destroy the kingdome , because the king is in lacking , in his place , to doe his duty , how can the other judges , the states and parliament , be accessorie to murther committed by them , in not raising armies to suppresse such robbers ? shall the inferiour judges be guilty of innocent blood , because the king will not doe his duty ? . the politique body ceaseth no more to renounce the principles of sinlesse nature , in self-defence , because it is a politique body , and subject to a king , then it can leave off to sleep , eat and drink ; and there is more need of politique principles to the one , then the other . . the parliaments and estates of both kingdoms move in these wars by the kings lawes , and are a formall politique body in themselves . obj. . the ground of the present wars against the king ( saith d. ferne , sect . . pag. . ) is false , to wit , that the parliament is coordinate with the king , but so the king shall not be supreme , the parliaments consent is required to an act of supremacie , but not to a denyall of that act . and there can no more ( saith arnisaeus de jure majestatis , c. . in quo consistat essen . majest . c. . n. . and c. . anjur . majest . separ . &c. n. . ) be two equall and coordinate supreme powers , then there can be two supreme gods , and multitudo deorum est nullitas deorum , many gods infer no gods . ans . . if we consider the fountaine-power , the king is subordinate to the parliament , and not coordinate ; for the constituent is above that which is constituted . if we regard the derived and executive power in parliamentarie acts , they make but a totall and compleat soveraigne power , yet so as the soveraigne power of the parliament being habitually and underived , a prime and fountaine power , ( for i doe not here separate people and parliament ) is perfect without the king , for all parliamentarie acts , as is cleare , in that the parliament make kings . . make lawes , raise armies , when either the king is minor , captived , tyrannous , or dead , but royall power parliamentarie without the parliament is null , because it is essentially but a part of the parliament , and can work nothing separated from the parliament , no more then a hand cut off from the body , can write ; and so here we see two supremes coordinate ▪ amongst infinite things there cannot be two , because it involveth a contradiction , that an infinite thing can be created , for then should it be finite ; but a royall power is essentially a derived and created power and supreme , secundum quid , onely in relation to single men , but not in relation to the communitie ; it is alwayes a creature of the communitie with leave of the royalist . . it is false , that to an act of parliamentarie supremacie the consent of the king is required , for it is repugnant that there can be any parliamentarie judiciall act without the parliament , but there may be without the king. . more false it is , that the king hath a negative voice in parliament , then he shall be sole judge ▪ and the parliament , the kings creator and constituent , shall be a cypher . obj. . arnesaeus de jur . maj. de potest . armorum , c. . n. . the people is mad and furious , therefore supreme majestie cannot be secured , and rebels suppressed , and publike peace kept , if the power of armour be not in the kings hand only . answ . to denude the people of armour , because they may abuse the prince , is to expose them to violence and oppression , unjustly ; for one king may easilier abuse armour , then all the people ; one man may more easily fail , then a community . . the safety of the people is far to be preferred before the safety of one man , though he were two emperours , one in the east , another in the west , because the emperour is ordained of god , for the good and safety of the people , tim. . . . there can be no inferiour judges to bear the sword , as god requireth , rom. . deut. . , . chron. . , . and the king must be sole judge , if he onely have the sword , and all armour monopolized to himselfe . obj. . the causes of warre ( saith m. simmons , sect . . pag. . ) should not be made knowne to the subjects , who are to look more to the lawfull call to warre from the prince , then to the cause of the war. answ . the parliament and all the judges and nobles are subjects to royalists , if they should make war and shed blood upon blind obedience to the king , not inquiring either in causes of law , or fact , they must resigne their consciences to the king. . the king cannot make unlawfull warre to be lawfull by any authority royall , except he could raze out the sixt commandement : therefore subjects must look more to the causes of warre , then to the authority of the king ; and this were a faire way to make parliaments of both kingdomes ●et up popery by the sword , and root out the ref●rmed religion upon the kings authority , as the lawfull call to warre , not looking to the causes of warre . quest . xxxvii . whether or no it be lawfull that the estates of scotland help their oppressed brethren the parliament and protestants in england against papists and prelates now in armes against them , and killing them , and ●ndevouring the establishment of poperie , though the king of scotland should inhibit them ? marianus saith , one is obliged to help his brother , non vincul● essicace , not with any efficacious band , because in these ( saith he ) non est actio a●t poena , one may not have action of law against his brother , who refuseth to help him ; yet ( saith he ) as man he is obliged to man nexu civilis societatis , by the bond of humane society . others say , one nation may indirectly defend a neighbour nation against a common enemie , because it is a self-defence ; and it is presumed that a forraigne enemie having overcome the neighbour nation , shall invade that nation it selfe who denyeth help and succour to the neighbour nation , this is a self-opinion , and to me it looketh not like the spirit●all law of god. . some say it is lawfull , but not alwayes expedient , in which opinion there is this much truth , that if the neighbor nation have an evil cause , neque licet , neque expedit , it is neither lawfull , nor expedient . but what is lawful in the case of necessity so extreame , as is the losse of a brothers life or of a nation , must be expedient , because necessity of non-sinning maketh any lawfull thing expedient . as to help my brother in fire or water , requiring my present and speedy help though to the losse of my goods must be as expedient , as a negative commandement ( thou shalt not murther . ) . others think it lawfull in the case that my brother seek my help only , other wayes i have no calling thereunto : to which opinion , i cannot universally subscribe , it is holden both by reason , and the soundest divines , that to rebuke my brother of sinne is ( actus misericordiae , & charitatis , ) an act of mercy and charity to his soul , yet i hold i am obliged to rebuke him by gods law . levit. . . otherwise i hate him . thes . . . col. . . math. . . nor can i think in reason , that my duty of love to my brother , doth not oblige me but upon dependency on his free consent , but as i am to help my neighbours oxe out of a ditch , though my neighbour know not , and so i have onely his implicit and virtuall consent , so is the case here . i go not farther in this case of conscience , if a neighbour nation be jealous of our help , and in an hostile way should oppose us in helping , ( which blessed be the lord , the honourable houses of the parliament of england hath not done , though malignant spirits tempted them to such a course , ) what in that case we should owe to the afflicted members of christs body , is a case may be determined easily . the fift and last opinion is of those who think if the king command papists and prelates to rise against the parliament and our dear brethren in england in warres , that we are obliged in conscience , and by our oath and covenant , to help our native prince against them , to which opinion with hands and feet i should accord , if our kings cause were just and lawfull , but from this it followeth that we must thus far judge of the cause , as concerneth our consciences in the matter of our necessary duty , leaving the judiciall cognizance to the honourable parliament of england . but because i cannot returne to all these opinions particularly , i see no reason but the civil law of a kingdom doth oblige any citizen to help an innocent man against a murthering robber , & that he may be judicially accused as a murtherer who faileth in his duty , & that solon said well , beatam remp . esse illam , in quâ quisque injuriam alterius suam estimet . it is a blessed society in which every man is to repute an injury done against a brother , 〈…〉 injury done against himself . as the egyptians had a good law , by which , he was accused upon his head , who helped not one that suffered wrong ; and if he was not able to help , he was holden to accuse the injurer , if not , his punishment was whips , or three dayes hunger , it may be upon this ground it was that moses flew the egyptian . ambrose commendeth him for so doing . assert . we are obliged , by many bands , to expose our lives , goods , children , &c. in this cause of religion and of the unjust oppression of enemies , for the safety and defence of our deare brethren and true religion in england . . prov. . . if thou forbear to deliver them , that are drawn to death , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 taken as captives to be killed , and those that are ready to be slaine . . if thou say , behold we know it not , doth not he that pondereth the heart consider it ? and he that keepeth thy soul , doth he not know it ? and shall he not render to every man , according to his work ? master iermin on the place , is too narrow , who commenting on the place , restricteth all to these two , that the priest should deliver , by interceding for the innocent , and the king by pardoning only . but . to deliver is a word of violence , as sam. . . david by the sword rescued his wives , hos . . i will take away , and none shall rescue . sam. . . i rescued the lambs out of his mouth , out of the lyons mouth , which behoved to be done with great violence . king. . . they have not delivered 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 samaria out of my hand . so cornel. à lapide , charitas suad●● , ut vi & armis eruamus injuste ductos ad mortem . ambros . lib. . offic . c. . citeth this same text , and commendeth moses who killed the egyptian in defending a hebrew man. . it is an act of charity and so to be done , though the judge forbid it , when the innocent is unjustly put to death . object . but in so doing private men may offer violence to the lawfull magistrate , when he unjustly putteth an innocent man to death , and rescue him out of the hands of the magistrate , and this were to bring in anarchy and confusion , for if it be an act of charity to deliver the innocent out of the hand of the magistrate , it is homicide to a private man not to do it , for our obedience to the law of nature tyeth us absolutely , though the magistrate forbid these acts , for it is known , that i must obey god rather then man. answ . the law of nature tyeth us to obedience in acts of charity , yet not to performe these acts after any way and manner , in a meere naturall way , impetu naturae , but i am to performe acts of naturall charity in a rationall and prudent way , and in looking to gods law , else if my brother or father were justly condemned to die , i might violently deliver him out of the magistrates hand , but by the contrary , my hand should be first on him , without naturall compassion . as if my brother or my wife have been a blasphemer of god , deut. . , , . and therefore am i to do acts naturall , as a wise man observing ( as solomon saith eccles . . . ) both time and judgement . now it were no wisdom for one private man to hazard his own life , by attempting to rescue an innocent brother , because he hath not strength to do it , and the law of nature obligeth me not to acts of charity , when i in all reason , see them unpossible , but a multitude who had strength did well to rescue innocent ionathan out of the hands of the king , that he should not be put to death : yet one man was not tyed by the law of nature to rescue ionathan , if the king and prince had condemned him , though unjustly . . the hoast of men that helped david against king saul , sam. . . entered in a lawfull war , and chron. . . amasa by the spirit of the lord blesseth his helpers , peace , peace be unto thee , and peace be to thy helpers , for thy god helpeth the. ergo , peace must be to the parliament of england , and to their helpers their brethren of scotland . . numb . . . . . . . . . iosh . . . . . the children of gad , and of reuben , and the half tribe of manasseh , though their inheritance fell to be in this side of iordan , yet they were to goe over the river armed to fight for their brethren , while they had also possession of the land , at the commandement of moses and joshua . . so saul and israel helped the men of iabesh gilead conjoyned in blood with them , against nahash the ammonite , and his unjust conditions in plucking out their right eyes , sam. . . iephtha iudg. . . justly rebuketh the men of ephraim because they would not help him and his people , against the ammonites . . if the communion of saints be any bound , that england and we have one lord , one faith , one baptisme , one head and saviour iesus christ , then are we obliged to help our bleeding sister church , against these same common enemies papists and prelates , but the former is undenyably true , for . we send help to the rotchel , if there had not been a secret betraying of our brethren , we send help to the recovery of the palatinate , and the aide of the confederat princes against babels strength and power , and that lawfully , but we did it at great leisure and coldly . q. elizabeth helped holland against the king of spain . and beside the union in religion . . we sayle in one ship together , being in one iland , under one king ; and now by the mercy of god , have sworne one covenant , and so must stand or fall together . . we are obliged by the union betwixt the kingdomes concluded to be by the convention of the estates of scotland , an. . at the desire of the generall assembly , . to joyne forces together at home , and enter in league with protestant princes , and estates abroad , to maintaine the protestant religion , against the bloody confederacy of trent ; and accordingly this league betweene the two crownes was subscribed at berwick , an. . and the same renewed , an. , . as also the confession of faith subscribed , when the spanish armado was on our coasts . . the law of god , commanding that we love our neighbour as our selfe , and therefore to defend one another against unjust violence . l. ut vim . ff . de just . & jur . obligeth us to the same , except we thinke god can be pleased with lippe-love in word onely , which the spirit of god condemneth , ioh. . , . cap. . . and the summe of law and prophets , is that as we would nor men should refuse to help us , when we are unjustly oppressed , so neither would we so serve our afflicted brethren . l. in facto ff . de cond . & demonstr . § siuxor . iustit . de nupt . . every man is a keeper of his brothers life , there is a voluntary homicide , when a man refuseth food or physick necessary for his owne life , and refuseth food to his dying brother ; and men are not borne for themselves . and when the king defendeth not subjects against their enemies , all fellow-subjects , by the law of nature , of nations , the civill , and cannon law , have a naturall priviledge to defend one another , and are mutuall magistrates to one another , when there be no other magistrates . if an army of turks or pagans would come upon britaine , if the king were dead , as he is civilly dead in this juncture of time , when he refuseth to helpe his subjects , one part of britaine would help another : as iehoshaphat king of iudah did right in helping ahab and israel , so the lord had approved of the warre . if the left hand be wounded , and the left eye put out , nature teacheth that the whole burden of naturall acts is devolved on the other hand and eye , and ; so are they obliged to helpe one another . . as we are to beare one anothers burthens , and to help our enemies , to compassionate strangers ; so far more these , who make one body of christ with us . . meroz is under a curse , who helpeth not the lord , one part of a church another . a woe lieth on them that are at ease in zion , and helpeth not afflicted ioseph , so farre as they are able . . the law of gratitude obligeth us to this : england sent an armie to free both our soules and bodies from the bondage of popery , and the fury of the french , upon which occasion a parliament at leith , anno . established peace and religion , and then after they helped us against a faction of papists , in our owne bosome ; for which we take gods name in a prayer , seeking grace never to forget that kindnesse . . when papists in armes , had undone england ( if god give them victory ) they should next fall on us , and it should not be in the kings power to resist them . when our enemies within two dayes journey are in armes , and have the person of our king , and his judgement , and so the breathing law of the two kingdomes under their power , we should but sleepe to be killed in our nest , if we did not arise and fight for king , church , countrey , and brethren . object . by these and the like grounds , when the kings royall person and life is in danger , he may use papists as subjects , not as papists in his owne naturall self-defence . answ . hell and the devill cannot say , that a thought was in any heart , against the kings person : he sleeped in scotland safe , and at westminster in his owne palace , when the estates of both kingdomes , would not so much as take the water-pot from his bed-side , and his speare ; and satan instilled this traiterous lye , first in prelates , then in papists . . the king professeth his maintenance of the true protestant religion , in his declarations , since he tooke armes ; but if saul had put armes in the hands of baals priests , and in an armie of sidonians , philistims , ammonites , professing their quarrell against israel was not to defend the king , but their dagon and false gods ; cleere it were , sauls armie should not stand in relation of helpers of the kings , but of advancers of their owne religion . now irish papists and english in armes , presse the king to cancell all lawes against popery , and make laws for the free liberty of masse , and the full power of papists , then the king must use papists as papists in these warres . quest . xxxviii . whether monarchy be the best of governments ? nothing more unwillingly doe i write then one word of this question . it is a darke way ; circumstances in falne nature may make things best to be , hic & nunc , evill : though to me it is probable , that monarchy in it selfe , . monarchy , de jure , that is , lawfull and limited monarchy is best ; even now in a kingdome , under the fall of sin , if other circumstances be considered . but observe i pray you , . that m. symmons , and this poore prelate , do so extoll monarchy , that there is not a government save monarchy onely , all other governments are deviations ; and therefore m. symmons saith , pag. . if i should affect another government then monarchy , i should neither feare god , nor the king , but associate my selfe with the seditious : and so the question of monarchy is , . which is the choisest government in it selfe ; or , which is the choisest government in policie , and in the condition of man falne in the state of sinne . . which is the best government , that is , the most profitable , or the most pleasant , or the most honest ? for wee know that there bee these three kinds of good things ; things usefull and profitable , bona , utilia ; things pleasant , jucunda ; things honest , honesta ; and the question may be of every one of the three . . the question may be , which of these governments be most agreeable to nature ? that is , either to nature in it selfe , as it agreeth . communiter , to all natures of elements , birds , beasts , a●gels , men , to lead them , as a governour doth , to their last end , or which government is most agreeable to men , to sinfull men , to sinfull men of this , or this nation ; for some nations are more ambitious , some more factious ; some are better ruled by one , some better ruled by many , some by most and by the people . . the question may be in regard of the facility or difficulty of loving , fearing , obeying and serving ; and so it may be thought easier to love , feare and obey one monarch then many rulers , in respect that our lord saith , it is difficult to serve two masters , and possibly more difficult to serve twenty or an hundred . . the question may be in regard of the power of commanding , or of the justice and equity of commanding ; hence from this last i shall set downe the first thesis . assert . . an absolute and unlimited monarchy is not onely not the best forme of government , but it is the worst , and this is against our petty prelat , and all royalists . my reasons be these , . because it is an unlawfull ordinance , and god never ordained it ; and i cannot ascribe the superlative degree to any thing , of which i deny the positive : absolute government in a sinfull and peccable man is a wicked government , and not a power from god , for god never gave a power to sin . plenitudo potestatis ad malum & injuriam non extenditur . sozenus iunior cons . . in causa occurrenti , l. . ferdinand . loazes in suo cons . pro march. de velez . pag. . n. . and so that learned senator ferdin . vasquez . pag. . lib. . cap. . n. . . it was better for the state that epiminondas could not sleepe , then that he could sleepe , when the people was dancing , because , said he , i wake that you may have leave to sleepe and be secure ; for he was upon deepe cogitations , how to doe good to the common-wealth , when the people were upon their pleasures . because all kings since the fall of the father - king adam , are inclined to sin and injustice , and so had need to be guided by a law , even because they are kings , so they remaine men . omnipotency in one that can sin , is a cursed power . with reason all our divines say , the state of saving grace in the second adam , where there is non posse deficere , they cannot fall away from god , is better then the state of the first adam , where there was posse non deficere , a power not to fall away ; and that our free-will is better in our countrey in heaven , where we cannot sin , then in the way to our countrey on earth , where we have a power to sin , and so gods people is in a better case , hos . . , . where her power to overtake her lovers is closed up with an hedge of thornes that she cannot finde her paths ; then the condition of ephraim , of whom god saith , hos . . . ephraim is joyned to idols , let him alone . so cannot that be a good government when the supreme power is in a sinfull man , as inclinable to injustice by nature as any man , and more inclinable to injustice by the condition of his place then any : and yet by office he is one that can doe no injustice against his subjects ; he is a king , and so may destroy vriah , kill his subjects , but cannot sinne ; and this is to flattering royalists the best government in the world . as if an unchained lion were the best governour , because unchained , to all the beasts , sheepe and lambs and all others , which with his teeth and pawes he may reach , and that by vertue of an ordinance of god. . what is on man under no restraint , but made a god on earth , and so drunk with the graunder of a sinning-god , here under the moone and clouds ? who may heare good counsell , from men of his owne choosing , yet is under no restraint of law to follow it , being the supreme power absolute , high , mighty , and an impeccable god on earth : certainly this man may more easily erre , and break out in violent acts of injustice , then a number of rulers , grave , wise , under a law. one being a sinfull man , shall sooner sin and turne a nero ( when he may goe to hell , and leade thousands to hell with him gratis ) then a multitude of sinfull men , who have lesse power to doe against law : and a tyrannous killing of innocents , and a subversion of lawes , liberties and religion , by one who may by office , and without resistance of mortall men , doe all ill , is more dangerous and hurtfull , then division and fraction incident to aristocracy . . caesar is great , but law and reason is greater : by an absolute monarchy all things are ruled by will and pleasure above law ; then this government cannot be so good , as law and reason in a government by the best , or by many . . under absolute monarchy a free people is , actu primo , and in themselves inslaved , because though the monarch so absolute should kill all , hee cannot be controlled ; there is no more but flight , prayers and teares remaining , and what greater power hath a tyrant ? none at all , so may we say . an absolute monarch is , actu primo , a sleeping lion , and a tyrant is a waking and a devouring lion , and they differ in accidents onely . . this is the papists way , bellarmine de pontif. l. . c. . and sanderus de visibili monarchia , l. . c. . turrere in sum . de eccles . l. . c. . prove that the government of the church is by an absolute monarch and pope , because that is the best government , which yet is in question . so royalists prove common-wealths must be best governed by absolute monarchs , because that is the best government , but the law saith , it is contrary to nature , even though people should paction to make a king absolute : conventio procuratoria ad dilapidandum & dissipandum juri naturali contraria nulla est , l. filius . de cond . lust . l. nepos . procul . de verb. signif . l. . ubi . de jure regni l. . d. tit . assert . . monarchy in its latitude as heaven and earth and all the hoast therein are citizens , is the best government absolutely , because gods immediate government must be best , but that other governments are good or best so farre as they come neere to this , must prove that there is a monarchy in angels , if there be a government , and a monarchy amongst fishes , beasts , birds , &c. and that , if adam had never sinned there should be one monarchy amongst all mankinde . i professe i have no eye to see what government could be in that state , but paternall , or maritall ; and by this reason there should be one catholique emperour over all the kings of the earth ; a position holden by some papists , and interpreters of the cannon law , which maketh all the princes of the earth to be usurpers , except these who acknowledge a catholique dominion of the whole earth in the emperour , to whom they submit themselves as vassals . if kings were gods and could not sin , and just as solomon in the beginning of his reigne , and as david , i could say monarchy so limited must be better then aristocracy , or democracy . . because it is farthest from injustice , neerest to peace and godlinesse ; m. l. . § . aparet . ff . de administrat . tutor . l. . § . novissime . ff . de orig. jur . aristot . pol. l. . c. . bodin . de rep. l. . c. . . because god ordained this government in his people . . by experience it is knowne to be lesse obnoxious to change , except that some think the venetian common-wealth best ; but with reverence , i see small difference betweene a king , and the duke of venice . assert . . every government hath some thing wherein it is best . . monarchy is honorable and glorious-like before men . aristocracie for counsell is surest . democracie for liberty , and possibly for riches and gaine , best . monarchy obtaineth its end with more conveniency . . because the ship is easilier brought to land , when one sitteth at the helme , then when ten move the helme . . wee more easily feare , love , obey , and serve one , then many . . he can more easily execute the lawes . assert . . a limited and mixed monarchy , such as is in scotland and england , seeme to me the best government , when parliaments with the king , have the good of all the three . this government hath , . glory , order , unitie from a monarch , from the government of the most and wisest it hath safety of counsell , stability , strength ; from the influence of the commons , it hath liberty , priviledges . promptitude of obedience . object . . there is more power , terrour , and love in one , then in many . answ . not more power , . terrour cometh from sin , and so to nature fallen in sin , in circumstances a monarchy is best . object . . it is more convenient to nature , that one should be lord then many . answ . to sinlesse nature , true , as in a father to many children . object . monarchies for invention of counsels , execution , concealing of secrets , is above any other government . answ . that is in some particulars , because sin hath brought darknesse on us ; so are we all dull of invention , slow in execution , and by reason of the falsnesse of men , silence is needlesse , but this is the accidentary state of nature , & otherways there is safety in a multitude of counsellers : one commanding all without following counsell trusteth in his own heart , and is a foole . object . . a monarch is above envy , because he hath no equall . answ . grant all ; in many things a monarchy is more excellent , but that is nothing to an absolute monarchy , for whom royalists contend . object . . in a multitude there be more fooles then wise men , and a multitude of vices , and little vertue is in many . answ . meere multitude cannot governe in either democracy or aristocracy , for then all should be rulers , and none ruled , but many eyes see more th●n one , by accident one may see more then hundreds , but accidents are not rules . object . . monarchy is most perfect , because most opposite to anarchy , and most agreeable to nature , as is evident in plants , birds , bees . answ . government of sinlesse nature void of reason , as in birds , bees , is weak to conclude politique civil government amongst men in sin , and especially absolute government , a king-bee is not absolute , nor a king-eagle , if either destroy its fellowes , by nature all rise and destroy their king. . a king-bee doth not act by counsell borrowed from fellow bees as a king must do , and communication of counsels lesseneth absolutenesse of a man. . i see not how a monarchy is more opposite to anarchy and confusion , then other governments , a monarch as one , is more opposite to a multitude , as many ; but there is no lesse order in aristocracy then in monarchy : for a government essentially includeth order of commanding and subjection . now one is not , for absolutenesse , more contrary to anarchy then many , for that one now who can easily slip from a king to a tyrant , cannot have a negative voice in acts of justice , for then should he have a legall power to oppose justice , and so for his absolutenesse he should be most contrary to order of justice , and a monarch because absolute , should be a door-neighbour to disorder and confusion . object . but the parliament hath no power to deny their voices to things just , or to crosse the law of god , more then the king. answ . it is true , neither of them hath a negative voice against law and reason , but if the monarch by his exorbitant power may deny justice , he may by that same legall power do all injustice ; and so there is no absolutenesse in either . object . who should then punish and coerce the parliament in the case of exorbitance ? answ . posterior parliaments . object . posterior parliaments and people both may erre . answ . all is true , god must remedy that onely . quest . xxxix . whether or no any prerogative at all above the law be due to the king ? or if jura majestatis be any such prerogative royall ? i conceive kings are conceived to have a threefold supreme power . . strictly absolute , to do what they please , their will being simply a law ; this is tyranicall , some kings have it , de facto , ex consuetudine , but by a divine law none have it ; i doubt if any have it by a human positive law , except the great turk , and the king of spaine over his conquest without the borders of europe , and some few other conquerours . there is another . power limited to gods law , the due proper right of kings , deut. . . . . there is . a potest as intermedia , a middle power , not so vast as that which is absolute and tyrannicall , which yet is some way humane : this i take iurists call jus regium , lex regia , jura regalia regis , cicero jura majestatis , livius , jura imperii , and these royall priviledges are such common and high dignities , as no one particular magistrate can have , seeing they are common to all the kingdom , as that cesar only should coyne money in his own name . hence the penny given to christ , because it had cesars image and superscription . math. . , . infer by way of argumentation , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , &c. give therefore tribute to cesar , as his due , so the magazine and armory for the safety of the kingdom is in the kings hand , the king hath the like of these priviledges , because he is the common , supreame , publick officer and minister of god for the good of the whole kingdom , and amongst these royall priviledges , i reckon that power that is given to the king , when he is made king , to do many things without warrant of the letter of the law , without the expresse consent of his counsell , which he cannot alwayes carry about with him , as the law saith . the king shall not raise armes without consent of the parliament , but if an army of irish , or danes , or spanyards should suddenly land in scotland , he hath power without a formally conveened parliament , to command them all to rise in armes against these invaders , and defend themselves , this power no inferiour magistrate hath as he is , but such a magistrate . and in many such exigences , when the necessity of justice or grace requireth an extemporall exposition of lawes , prorenat● , for present necessary execution , some say onely the emperour , others all kings have these priviledges . i am of the minde of arnisaeus , that these priviledges are not rewards given to princes for their great paines . for the king is not obliged to governe the common-wealth , because he receiveth these royall priviledges as his reward , but because by office he is obliged to governe the common-wealth , therefore these priviledges are given to him , and without them he could not so easily governe . but i am utterly against arnisaeus , who saith , these are not essentiall to a king , because ( saith he ) he createth marquesses , dukes , &c. and nobles , constituteth magistrates , not because of his royall dignity , but by reason of his absolute power , for many princes have supreame power , and cannot make nobles , and therefore to him they are jura majestatis , non jura potestatis . but . the king , suppose a limited king , may and ought to make nobles , for he may conferre honours as a reward of vertue ; none can say pharoah by his absolute authority , and not as a king advanced ioseph to be a noble ruler , we cannot say that , for there was merit and worth in him deserving that honour , and darius not by absolute authority , but on the ground of well-deserving ( the rule by which kings are obliged in justice to confer honours ) promoted daniel , to be the first president of all his kingdomes , because dan. . . an excellent spirit was in him : and in justice the king could nobilitate none , rather then daniel , except he should fail against the rule of conferring honours . it is acknowledged by all , that honos est proemium virtutis , honour is founded upon vertue , and therefore darius did not this out of his absolute majesty , but as king. . all kings as kings , and by a divine law of god , and so by no absolutenesse of majesty , are to make men of wisdome , fearing god , hating covetousnesse , judges under them , deut. . . chro. . , . psal . . , , . . if we suppose a king to be limited as gods king is deut. . , , . yet is it his part to confer honours upon the worthiest . now if he have no absolutenesse of majesty , he cannot confer honours out of a principle that is none at all , unum quodque sicut est , ita operatur , and if the people confer honours , then must royalists grant that there is an absolute majesty in the people , why then may they not derive majesty to a king ? and why then do royalists talk to us of gods immediate creating of kings , without any interveening action of the people ? . by this absolutnesse of majesty , kings may play the tyrant as samuel sam. . , , , , , . foretelleth saul would do . but i cannot beleeve that kngs have the same very officiall absolute power , from whence they do both acts of grace , goodnesse and justice , such as are to expone laws extemporally in extraordinary cases , to confer honours upon good and excellent men of grace to pardon offenders upon good grounds , and also-doe acts of extreme tyrannie : for out of the same fountaine doth not proceed both sweet water and bitter . then by this absolutenesse , kings cannot doe acts of goodnesse , justice and grace , and so they must doe good as kings , and they must doe acts of tyrannie , as men , not from absolutenesse of majesty . . inferiour magistrates , in whom there is no absolutenesse of majesty , according to royalists , way , may expound laws also extemporally , and doe acts of justice , without formalities of civill or municipall laws , so they keep the genuine intent of the law , as they may pardon one that goeth up to the wall of a city , and discovereth the approach of the enemie , when the watchmen are sleeping , though the law be , that any ascending to the wall of the citie shall die . also the inferiour judge may make judges and deputies under himselfe . . this distinction is neither grounded upon reason or lawes , nor on any word of god. not the former , as is proved before , for there is no absolute power in a king to do above , or against law ; all the officiall power that a king hath , is a royall power to do good , for the safety and good of his subjects , and that according to law and reason , and there is no other power given to a king as a king , and for scripture arnisaeus , ibid. alledgeth sam. . the manner or law of the king. ver . . . and he saith , it cannot be the custome and manner of the king , but must be the law of absolute majesty . . because it was the manner of inferiour judges , as tyberius said of his judges , to flea the people , when they were commanded to shear them onely . . samuels sons who wrested judgment and perverted the law , had this manner and custome to oppresse the people , as did the sons of eli : and therefore without reason is it called the law of kings , jus regum , if it was the law of the judges , for if all this law be tyrannicall and but an abuse of kingly power , the same law may agree to all other magistrates , who by the same unjust power may abuse their power , but samuel ( as brentius observeth homi . . in sam. in princ . ) doth meane here a greater license then kings can challenge , if at any time they would make use of their plenitude of absolute power , and therefore , nomine juris , by the word [ law ] here he understandeth a power granted by law , jure , or right to the king , but pernitious to the people , which gregory calleth jus regium tyrannorum , the royall law of tyrants . — so seneca de clem . c. . hoc interest inter regem & tyrannum , species ipsa fortunae ac licentiae par est , nisi quod tyranni ex volutate saeviunt , reges non nisi ex causa & necessitate ? quid ergo ? non reges quoque accidere solent ? sed quoties fieri publica utilitas persuadet , tirannis saevitia cordi est . a tyran ( saith arnisaeus ) in this differeth from a king , qui ne ea quidem vult , quae sibi licent , that a king will not do these things which are lawfull ; a tyran doth quae libet , what he pleaseth to do . answ . arnisaeus bewrayeth his ignorance in the scriptures , for the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 signifieth a custome , and a wicked custome , as by many scriptures i have proved already , his reason are poor . it is the manner of inferiour judges , as we see in the sons of eli , and samuel , to pervert judgment , as well as king saul did , but the king may more oppresse , and his tyranny hath more colour , and is more catholick then the oppression of inferiour judges , it is not samuels purpose thus to distinguish the judges of israel and the kings , in that the judges had no power granted them of god to oppresse , because the people might judge their judges and resist them , and there was power given of god to the king , so far to play the tyrant , that no man could resist him , or say , what dost thou ? the text will not beare any such difference , for it was as unlawfull to resist moses , ioshua , samuel , as royalists prove from the judgement of god that came upon core , dathan and abiram , as to resist king saul and king david , royalists doubt not to make moses a king. it was also no lesse sin to resist samuels sons , or to do violence to their persons , as judging for the lord , and sent by the supreme judge their father samuel , then it was sin to resist many inferiour judges that were lyons , and even wolves under the kings of israel and iudah , so they judged for the lord , and as sent by the supreme magistrate ; but the difference was in this , that judges were extraordinarily raised up of god out of any tribe , as he pleased , and were beleevers , heb. . . saved by faith , and so used not their power to oppresse the people , though inferiour judges , as the sons of eli and of samuel perverted judgment , and therefore in the time of the judges , god who gave them saviours and judges , was their king , but kings were tied to a certaine tribe , especially the line of david to the kingdom of iudah . . they were hereditary , judges not so . . they were made and chosen by the people , deut. . . . sam. . , , , . sam. . , , . as were the kings of the nations , and the first king ( though a king be the lawfull ordinance of god ) was sought from god in a sinfull imitation of the nations , sam. . , . and therefore were not of gods peculiar election , as the judges , and so they were wicked men , and many of them , yea all for the most part , did evil in the sight of the lord , and their law , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 their manner and custome was to oppresse the people , and so were their inferiour judges little tyrants , and lesser lyons , leopards , evening wolves . ezech. . . mic. . , , . esa . . , . and the kings and inferiour judges are onely distinguished , de facto , that the king was a more catholick oppressour , and the old lyon , and so had more art and power to catch the prey then the inferiour judges who were but whelps , and had lesse power , but all were oppressors ( some few excepted , and samuel speaketh of that which saul was to be , de facto , not de jure , and the most part of the kings after him ) and this tyranny is well called jus regis , the manner of the king , and not the manner of the judges , because it had not been the practice , custome and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 of the beleeving judges , before sauls reigne , and while god was his peoples king , sam. . . to oppresse . . we grant that all other inferiour judges after the people cast off gods government , and in imitation of the nations , would have a king , were also lesser tyrants , as the king was a greater tyrant , and that was a punishment of their rejecting god and samuel to be their king and judge . . how shall arnisaeus prove that this manner or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 of the king was potestas concessa , a power granted , i hope , granted of god ; and not an abuse of kingly power , for then he and royalists must say , that all the acts of tyranny ascribed to king saul , sam. . , , , . by reason of which they did cry out , and complaine to god because of their oppression , was no abuse of power given to saul . ergo , it was an use and a lawfull use of power given of god to their king , for there is no medium or mids betwixt a lawfull power used in morall acts , and a lawfull power abused , and indeed arnisaeus so distinguisheth a king and a tyrant , that he maketh them all one in nature and spece . he saith , a tyrant doth quod licet , that which by law he may do , and a king doth not these things , quae licent , which by law he may do , but so to me it is clear , a tyrant acting as a tyrant , must act according to this 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 law of the king , and that which is lawfull , and a king acting as a king and not doing these things that are lawfull , must sin against his office , and the power that god hath given to him , which were to commend and praise the tyrant , and to condemne and dispraise the king. . if this law of the king be a permissive law of god , which the king may out of his absolute enesse , put inexecution to oppress● the people , such as the law of a bill of divorcement , as arnisaeus , barcklay , and other royalists say , then must god have given a law to every king to play the tyrant , because of the hardnesse of the kings heart , but we would gladly see some word of god for this . the law of a bill of divorcement is a meere positive law permitted in a particular exigent , when a husband out of levity of heart and affection cannot love his wife , therefore god by a law permitted him out of indulgence to put her away , that both he might have a seed ( the want whereof , because of the blessed seed , to be borne of woman , was a reproach in israel ) and though this was an affliction to some particular women , yet the intent of the law , and the soul thereof was a publique benefit to the common-wealth of israel , of which sort of lawes i judge the hard usage permitted by god to his people , in the master toward the servant , and the people of god toward the stranger of whom they might ex●ct usury , not toward their brethren to be ; but that god should make a permissive law that ieroboam might presse all israel to ●i●ne and worship the golden calves , and that a king by law may kill , as a bloody nero , all the people of god , by a divine permissive law , hath no warrant in gods word : judge reader , if royalists make god to confer a benefit on a land , when he giveth them a king , if by a law of god , such as the law for a bill of divorcement , the king may kill and devour as a lawfull absolute lion , six kingdoms of nations that professe christ and beleeve in his name . for if the king have a divine law to kill an innocent ionathan , so as it be unlawfull to resist him , he may by that same law turne bloodier then either nero , iulian , or any that ever sucked the paps of a liones , or of any of whom it may be said , quaeque dedit nutrix ubera , tigris erat . and he shall be given as a plague of god , ex conditione doni , to the people , and the people , inasmuch as they are gifted of god with a king , to feed them in a peaceable and godly life , must be made slaves ; now it wanteth reason that god will have a permissive law of murthering the church of christ , a law so contrary to the publique good and intrinsecall intention of a king , and to the immutable and eternall law of nature , that one man because of his power , may by gods permissive law murther millions of innocents : some may say , it is against the duty of love , that by nature and gods law the husband owes to the wife , ephes . . . that the husband should put away his wife ; for god hateth putting away , and yet god made a law , that a husband might give his wife a bill of divorce , and so put her away ; and by the same reason , god may make a law , though against nature , that a king should kill and murther , without all resistance . answ . the question is not if god may make permissive laws to oppresse the innocent ; i grant he may doe it , as he may command abraham to kill his son isaac ; and abraham by law is obliged to kill him , except god retract his commandement , and whether god retract it , or no , he may intend to kill his son , which is an act of love and obedience to god ; but this were more then a permissive law. . we have a cleere scripture for a permissive law of divorce , and it was not a law tending to the universall destruction of a whole kingdome , or many kingdomes , but onely to the grievance of some particular wives : but the law of divorce gave not power to all husbands to put away their wives , but onely to the husband , who could not command his affection to love his wife . but this law of the king , is a catholique law to all kings , ( for royalists will have all kings so absolute , as it is sin and disobedience to god to resist any ) that all kings have a divine law to kill all their subjects ; surely , then it were better for the church to want such nurse-fathers , as have absolute power to suck their blood : and for such a perpetuall permissive law continuing to the end of the world , there is no word of god. nor can we think that the hardnesse of one princes heart , can be a ground for god to make a law so destructive to his church and all mankinde : such a permissive law , being a positive law of god , must have a word of christ for it , else we are not to receive it . . arnisaeus cap. . distru . tyran . & princ . n. . thinketh a tyrant , in excercito , becomming a notorious tyrant , when there is no other remedy may be removed from government , sine magno scelere , without great sin . but i aske how men can annull any divine law of god , though but a permissive law. for if gods permissive law warrant a tyrant to kill two innocent men , it is tyranny more or lesse , and the law distinguisheth not . . this permissive law is expressely contrary to gods law , limiting all kings deut. . , , . how then are we to beleeve , that god would make an universall law contray to the law that he established before israel had a king ? . what brentius saith is much for us , for he calleth this 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 law a licence , and so to use it must be licentiousnesse . . arnisaeus desireth that kings may use sparingly the plenitude of their power , for publique good ; there must be ( saith he ) necessity to make it lawfull to use the plenitude of this power justly ; therefore ahab sinned , in that he unjustly possessed naboths vineyard , though he sinned specially in this , that he came to the possession by murther , and it was peculiar to the iewes , that they could not transfer their possessions from one tribe to another . but if it be so , then this power of absolutenesse is not given , by permissive law , by which god permitted putting away of wives , for the object of a permissive law is sinne , but this plenitude of power may be justly put forth in act ( saith he ) if the publique good may be regarded : i would know what publique good can legittimate tyranny and killing of the innocent , the intentions of men can make nothing intrinsecally evil to become good . and . how can that be a permissive law of god , and not his approveing law by which kings create inferiour judges ? for this is done by gods approving will. . it is evident that arnisaeus his minde is , that kings may take their subjects vineyards , and their goods , so they erre not in the manner , and way of the act , so be like , if there had not been a peculiar law that naboth should not sell his vineyard , and if the king had had any publique use for it , he might have taken naboths vineyard from him , but he specially sinned ( saith he ) in eo maxime culpatur , &c. that he took away the mans vineyard by murthering of him , therefore saith arnisaeus c. . de potest . maj . in bona privato . . that by the kings law sam. . there is given to the king , a dominion over the peoples sons , daughters , fields , vineyards , olive-yards , servants and ●lockes . so he citeth that that daniel putteth all places , the rocks of the mountaines , the birds of the heaven dan. . under the kings power . so all is the kings in dominion , and the subjects in use onely . but . this law of the king then can be no ground for the kings absolutenesse above law , and there can be no permissive law of god here , for that which asserteth the kings royall dominion over persons and things , that must be the law of gods approving , not his permiting evil , but this is such a law as arnisaeus saith . . the text speaketh of no law or lawful power , or of any absolutenesse of king saul ; but of his wicked custome , and his rapine and tyranny , he will take your sons , your daughters , your fields , and your vineyards from you . saul took not these through any power of dominion by law , but by meere tyranny . . i have before cleared that the subjects have a propriety , and an use also , else how could we be obliged by vertue of the fift commandement to pay tribute to the king , rom. . . for that which we pay , was as much the kings before we payed , as when we have paied it . . arnisaeus saith all are the kings in respect of the universall jurisdiction , that the king hath in governing and ordering all to the universall end , the good of the common-wealth , for as universall nature careth for the conservation of the spece and kind , so doth particular nature care for the conservation of individuals , so do men care for their private good , and the king is to refer every mans private goods , to the good of the publick , but the truth is , this taketh not away propriety of goods from private men , retaining onely the use to private men , and giving the dominion to the king , because this power that the king bath of mens goods , is not power of dominion , that the king hath over the goods of men , as if the king were dominus , lord and owner of the fields and monyes of the private subject , but it is a power to regulate the goods for a publique use , and supposeth the abuse of goods , when they are monopolized to , and for private ends . . the power that the king hath over my bread is not a power of dominion , so as he may eat my bread , as if it were his own bread , and he be lord of my bread as i was sometimes my self , before i abused it , but it is a dominion unproperly , and abusively so called , and is a meere fiduciary , and dispensatory power , because he is set over my bread not to eat it , nor over my houses to dwel in them , but onely with a ministeriall power as a publique , though a honourable servant and watchman appointed by the community , as a mean for an end to regulate my bread , houses , moneys , fields for the good of the publique . dominion is defined a faculty to use a thing as you please , except you be hindered by force , or by law. iustin . tit . c. de legibus in l. digna vox . &c. so have i a dominion over my own garments , house , money , to use them for uses not forbidden by the law of god , and man , but i may not lay my corne field wast that it shall neither bear grass● nor corne , the king may hinder that , because it is a hurt to the publique : but the king as lord and soveraigne hath no such dominion over naboths vi●eyard . how the king is lord of all goods , ratione jurisdictionis , & tuitionis se . anton. de paudrill . in l. altius . n. . c. de servit . hottom . illust . quest . q. . ad fin . conc. . lod. molin . de just . & jur . dis . . soto . de justitia & jur . l. . q. . art . . quest . xl. whether or no the people have any power over the king , either by his oath , covenant , or any other way ? aristotle saith , ethic. . c. . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . a tyrant seeketh his owne , a king the good of the subjects , for he is no king who is not content , and excelleth in goodnesse . the former part of these words distinguish essentially the king by his office , from the tyrant . now every office requireth essentially a duty to be performed by him that is in office ; and where there is a duty required , there is some obligation ; if it be a politique duty , it is a politique obligation . now amongst politique duties betwixt equall and equall , superiour and inferiour , that is not , de facto , required coaction for the performance thereof , but de jure , there is , for two neighbour kings and two neighbour nations , both being equall and independent , the one toward the other , the one owe a duty to the other , and if the ammonites do ● wrong to david and israel , as they are equall de facto , the one cannot punish the other , though the ammonites do a disgrace to davids messengers , yet de jure , david and israel may compell them to politique duties of politique consociation ; ( for betwixt independent kingdomes there must be some politique government , and some politique and civil lawes , for two or three making a society , cannot dwell together without some policy ) and david and israel as by the law of nature they may repell violence with violence , so if the lawes of neighbour-hood and nations be broken , the one may punish the other , though there be no relation of superiority and inferiority betwixt them . . where ever there is a covenant and oath betwixt equals , yea or superiours and inferiours , the one hath some coactive power over the other ; if the father give his bond to pay to his son ten thousand pounds , as his patrimony to him , though before the giving of the bond the father was not obliged , but onely by the law of nature to give a patrimony to his son , yet now by a politique obligation of promise , covenant and writ he is obliged so to his son to pay ten thousand pounds , that by the law of nations and the civil law , the son hath now a coactive power by law to compell his father , though his superiour , to pay him no lesse then ten thousand pounds of patrimony . though therefore the king should stand simply superiour to his kingdom and estates ( which i shall never grant ) ●t if the king come under covenant with his kingdom , as i have proved at length c. . he must , by that same , come under some coactive power to fulfill his covenant , for omne promissum ( saith the law ) cadit in debitum . what any doth promise falleth under debt , if the covenant be politique and civil , as is the covenant between king david and all israel , sam. . , , . and between king iehoash and the people , king. . , . then the king must come under a civil obligation to performe the covenant , and though their be none superiour to king , and the people on earth to compell them both to performe what they have promised , yet de jure , by the law of nations , each may compell the other to mutuall performance ▪ this is evident , by the law of nations , if one nation break covenant to another , ●●●ugh both be independent , yet hath the wronged nation a coactive power , de jure ( by accident , because they are weaker , they want stength to compell , yet they have right , and jus to compell them ) to force the other to keep covenant , or then to punish them , because nature teacheth to repel violence by violence , so it be done without desire of revenge and malice . . this is proved from the nature of a promise or covenant , for solomon saith , prov. . . my son , if thou be surety for thy friend , if thou hast stricken thy hand with a stranger , . thou art snared with the words of thy mouth , & art taken with the words of thy mouth . but whence is it that a man free is now snared as a beast in a gin or trap ? certainly solomon saith it is by a word and striking of hands , by a word of promise and covenant . now the creditor hath coactive power , though he be an equall or an inferiour to the man who is surety , even by law to force him to pay , and the judge is obliged to give his coactive power to the creditor , that he may force the surety to pay . hence it is cleare that a covenant maketh a free man under the coactive power of law to an equall and to weaker , and the stronger is by the law of fraternity to help the weaker , with his coactive power , to cause the superiour fulfill his covenant . if then the king ( giving , and not granting , he were superiour to his whole kingdome ) come under a covenant to them , to seek their good , not his owne , to defend true protestant religion , they have power to compell him to keep his covenant , and scotland ( if the king be stronger then england , and break his covenant to them ) is obliged by gods law , prov. . . to adde their forces and coactive power to help their brethren of england . . the law shall warrant to loose the vassal from the lord , when the lord hath broken his covenant . hippolitus in l. si quis viduam col . . & dixit de quest . l. si quis major . . & . bartol . n. . the magdeburgens . in libel . de offic . magistrat . imperatores & reges esse primarios vasallos imperii , & regni , & proinde si feloniam contra imperium aut regnum committant , fewdo privari , proinde ut alios vasallos . arnisaeus q. . an princeps qui jurat subditis , &c. n. . saith , this occasioneth confusion and sedition . the egyptians ( saith he ) cast off p●olomeus , because he affected too much the name of a king of the romans his own friend , dion . l. . the states punished archidanius because he married a wife of a low stature , plutarch . in ages . in pris . the ancient burgundions thought it cause enough to expell their king , if matters went not well in the state , marcel . l. . the goths in spain gave no other cause of expelling their king , nisi quod sibi displiceret , because he displeased them . aimon . l. . c. . l. . c. . ans . all these are not to be excused in people , but neither every abuse of power in a king exautorateth a king , nor every abuse in people , can make null their power . arnisaeus maketh three kinds of oathes : the first is , when the king sweareth to defend true religion , and the pope , and he denyeth that this is an oath of fidelitie , or by paction or covenant made to the pope or clergie , he saith it is onely on oath of protection , nor doth the king receive the crown from the pope or clergie . answ . . arnisaeus divideth oathes that are to be conjoyned , we read not that kings sweare to defend religion in one oath , and to administrate judgement and justice in another : for david made not two covenants , but onely one with all israel . . the king was not king while he did swear this oath , and therefore it must be a pactionall oath between him and the kingdom , and it is true the king receiveth not a crown from the church , yet david received a crowne from the church , for this end , to feed the lords people , and so conditionally . papir masse l. . chron. gal. saith , the king was not king before the oath . . that he did sweare to be a keeper not onely of the first , but also of the second table of the law. ego n. dei gratia , mox futur as rex francorum , in die ordinationis meae coram deo , & sanctis ejus polliceor , quod servabo privilegia canonica , justitiamque & jus unicuique praelato debitum , vosque defendam , deo juvante , quantum potero , quemadmodum rex ex officio in suo regno defendere debet , unumquemque episcopum ac ecclesiam , & administrabo populo justitiam & leges , uti jus postulat . and so is it ordained in the councel of tolet . c. . quisquis deinceps regni sortitus fuerit apicem , non ante conscendat regiam sedem , quam inter reliquas conditiones sacramento policitus fuerit , quod non sinet in regno suo degere ●um qui non sit catholicus . all these by scripture are oathes of covenant , deut. . ver . , . sam. . , , , . kings . , . arnisaeus maketh a second oath of absolute kings , who sweare they shall raigne according to equitie and justice ; and he saith , there is no need of this oath , a promise is enough , for an oath encreaseth not the obligation . l. fin . de non num . pec . onelie it addeth the bound of religion , for there is no use of an oath , where there is no paction of law against him that sweareth , if he violate his oath . there followeth onelie the punishment of perjurie . and the word of a prince is as good as his oath , onelie he condescendeth to sweare to please the people , out of indulgence , not out of necessitie . and the king doth not therefore sweare because he is made king , but because he is made king he sweareth . and he is not king because he is crowned , but he is crowned because he is king. where the crowne goeth by succession , the king never dieth ; and he is king by nature before he be crowned . answ . . this oath is the very first oath spoken of before , included in the covenant that the king maketh with the people , sam ▪ . , , . for absolute princes , by arnisaeus his grant , doth swear to do the duties of a king , as bodinus maketh the oath of france , de rep. l. . c. . iuro ego , per deum , ac promitto me justè regnaturum judicium , equitatem , ac misericordiam facturum . and papir . mass . l. . chron. hath the same expresly in the particulars . and by this a king sweareth he shall not be absolute , and if he swear this oath , he bindeth himself not to governe by the law of the king , whereby he may play the tyrant as saul did , sam. . , , , , &c. as all royalists expound the place . . it is but a poor evasion to distinguish betwixt the kings promise and his oath , for the promise and covenant of any man , and so of the king doth no lesse bring him under a civil obligation and politique coaction , to keep his promise , then an oath , for he that becometh surety for his friend doth by no civil law , sweare he shall be good for the sonne , or performe in liew and place of the friend , what he is to performe , he doth onely covenant and promise , and in law and politique obligation he is taken and snared by that promise , no lesse then if he had sworne . reuben offereth to be caution to bring benjamin safe home to his old father , gen. . . & iudah also , gen. . . but they do not swear anyoath , & i● is true that an oath adeth nothing to a contract and promise , but onely it laies on a religious tie before god , yet so as consequently , if the contractor violate both promise and oath , he cometh under the guilt of perjury , which a law of men may punish . now that a covenant bringeth the king under a politique obligation , as well as an oath is already proved , and farther confirmed by gal. . . though it be a mans testament or covenant , no man disanulleth and addeth thereunto ; no man even by mans law can anull a confirmed covenant , and therefore the man that made the covenant bringeth himself under law to fulfill his own covenant ; and so must the king put himself under mens law , by a covenant at his coronation . yea and david is reputed by royallists , an absolute prince , yet he cometh under a covenant before he be made king. . it is but a weak reason to say , that an oath is needlesse , where no action of law can be against the king who sweareth , if it have any strength of reason . i retort it , a legall and solemne promise then is needlesse also , for there is no action of law against a king ( as royalists teach ) if he violate his promise . so then king david needlesly made a covenant with the people at his coronation ; for though david should turne as bloody an enemie to the church as nero or iulian , the people have no law-action against david ; and why then did ieremiah seek an oath of the king of iudah , that he would not kill him , nor deliver him into the hands of his enemies ? and why did david seek an oath of ionathan ? it is not like ieremiah and david could have law-action against a king and a kings son , if they should violate the oath of god. and farther , it is a begging of the question , to say that the states can have no action against the king , if he should violate his oath . hugo grotius putteth seven cases in which the people may have most reall action against the king to accuse and punish him . . they may punish the king to death , for matters capitall , if so it be agreed on betwixt the king and the people , as in lacedemonia . . he may be punished as a private man. . if the king make away a kingdome given to him by succession , his act is null , and he may be resisted , because the kingdome is a life-rent onely to him . yea saith barclay , he loseth the crown . . he loseth his kingdom , if with a hostile mind he se●k the destruction of the kingdome . . if such a clause be put in , that if he commit felonie , or doe such oppressions , the subjects shall be loosed from the bonds of subjection ; then the king failing thus , turneth a private man. . if the king have the one halfe or part of the kingdome , and the people or senate the other halfe ; if the king prey upon that half which is not his owne , he may violently be resisted , for in so farre he hath not the empire . . if when the crowne was given , this be declared , that in some cases he may be resisted ; then some naturall liberty is free from the kings power , and reserved in the peoples hand . it is then reason that the king sweare an oath . . that the kings oath is but a ceremonie to please the people , and that because he is king , and king by birth ; therefore he sweareth , and is crowned , is in question , and denyed . no man is borne a king , as no man is borne a subject , and because the people maketh him king , therefore he is to swear . the councel of toledo saith , non antea conscendat regiam sedem quam iuret . an oath is a religious obligation , no arbitrary ceremony . . he may swear in his cabinet chamber , not covenanting with the people , as david and iehoash did . . so he maketh promises that he may be king , not because he is king , it were ridiculous , he should promise or swear to be a just king , because he is a just king , and by the same reason the estates swear the oath of loyalty to the new king , not that they may be loyall in all time coming , but because they are loyall subjects already , for if the one half of the covenant on the kings part be a ceremony of indulgence , not of necessity , by the same reason , the other half of the covenant must be a ceremony of indulgence also to the people . object . arnisaeus saith , a contract cannot be dissolved in law , but by consent of two parties contracting , because both are obliged . l. ab emptione . in pr. de pact . l. . de rescind . vend . l. . de solu . therefore if the subjects go from the covenant , that they have made to be loyall to the king , they ought to be punished . answ . a contract , the conditions whereof are violated , by neither side , cannot be dissolved , but by the joynt consent of both ; and in buying and selling , and in all contracts unviolated , the sole wil of neither side can violate the contract , of this speaketh the law . but i ask the royalist , if the contract betwixt the spies sent to view iericho and rahab the harlot , had not been null , and the spies free from any obligation , if rahab had neglected to keep within doors , when iericho was taken , though rahab and the spies had never consented expresly to break the covenant ? we h●ld that the law saith with us , that vassals lose their farme , if they pay not what is due : now what are kings but vassals to the state , who if they turne tyrants , fall from their right ? arnisaeus saith in the councell of toledo . c. . the subjects ask from the king , that kings would be meek and just , not upon the ground of a voluntarie contract and paction , but because god shall rejoice in king and people , by so doing . answ . these two do no more fight one with another , then that two marchants should keep faith one to another , both because god hath said he shall dwell in gods mountaine who sweareth and covenanteth , and standeth to his oath & covenant , though to his losse & hurt , psa . . and also , because they made their covenant and contract thus and thus . arnisaeus . . every prince is subject to god , but not as a vassal : for a master may commit felonie , and lose the proprietie of his farme ; can god do so ? the master cannot take the farme from the vassal without an expresse cause legally deduced , but cannot god take what he hath given , but by a law-processe ? a vassall can intitle to himself a farme against the masters will , as some jurists say , but can a prince intitle a kingdom to himself , against the god of heavens will ? though we grant the comparison , yet the subjects have no law over the kings , because the coercive power of the vassal is in the lord of the mannor , the punishing of kings belongeth to god. answ . we compare not the lord of a mannor and the lord of heaven together , all these dissimilitudes we grant , but as the king is gods vassal , so is he a noble and princely vassal to the estates of a kingdom , because they make him . . they make him rather then another their noble ▪ servant . . they make him for themselves , and their own godly , quiet , and honest life . . they , in their first election , limit him to such a way , to governe by law , and give to him so much power for their good , no more , in these four acts they are above the prince , and so have a coercive power over him . arnisaeus n. . it is to make the princes ▪ fidelity doubtfull to put him to an oath . lawyers say there is no need of an oath , when a person is of approved fidelitie . answ . then we are not to seek an oath of an inferiour magistrate , of a commander in wars , of a pastor , it is presumed these are of approved fidelity , and it maketh their integritie obnoxious to slanders , to put them to an oath . . david was of more approved fidelity then any king now adayes , and to put him to a covenant seemed to call his fidelity in question ; ionathan sought an oath of david to deal kindly with his seed , when he came to the throne , ieremiah sought an oath of the king of iudah , did they put any note of false-hood on them therefore ? arnisaeus . you cannot prove that ever any king gave an oath to their subjects in scriptures . answ . what more unbeseeming kings is it to swear to do their duty , then to promise covenant wayes to do the same ? and a covenant you cannot deny . . in a covenant for religious duties there was alwayes an oath . chro. . , , . hence the right of cuting a calf , and swearing in a covenant ier. . . . there is an oath that the people giveth to the king to obey him , eccles . . . and a covenant sam. . , , . mutuall between the king and people , i leave it to the juditious , if the people swear to the king obedience in a covenant mutuall , and he swear not to them . arnisaeus sheweth to us a third sort of oath that limited princes do swear , this oath in denmarke , suecia , polonia , hungaria , is sworne by the kings , who may do nothing without consent of the senat , and according to order of law , this is but the other two oathes specified , and a prince cannot contraveen his own contract , the law saith in that the prince is but as a private man , in l. digna vox c ▪ de ll . rom. cons . . n. . and it is known that the emperour is constituted and created by the princes electors , subject to them , and by law may be dethroned by them . the b. of rochester saith from barclay , none can denude a king of his power , but he that gave him the power , or hath an expresse commandement so to do , from him that gave the power . but god onely and the people gave the king his power . ergo , god with the people having an expresse commandement from god , must denude the king of power . answ . . this shall prove that god onely by an immediat action , or some having an expresse commandement from him , can deprive a preacher for scandals , christ onely , or those who have an expresse commandement from him can excommunicate , god only or the magistrate with him can take away the life of man ; and numb , . , , . no inferiour magistrates , who also have their power from god immediatly , rom. . . if we speak of the immediation of the office , can devide inferiour judges of their power . god only by the husbandmans paines maketh a fruitfull vineyard , ergo , the husbandman cannot make his vineyard grow over with nettles and briars . . the argument must run thus , else the assumption shall be false . god onely by the action of the people , as his instrument , and by no other action make a lawfull king. god onely by the action of the people as his instrument can make a king , god onely by the action of the people as his instrument can dethrone a king , for as the people making a king , are in that doing what god doth before them , and what god doth by them in that very act , so the people unmaking a king , doth that which god doth before the people , both the one and the other according to gods rule obligeth , deut. . . . . . . . . the prelate , whose tribe seldom saith truth , addeth , as a fatherly power , by god and natures law , over a family , was in the father of a family , before the children could either transfer their power , or consent to the translation of that power to him , so a kingly power ( which succeedeth to a paternal or fatherly power ) to governe many families , ( yea & a kingdom ) was in that same father , in relation to many families , before these many families can transfer their power . the kingly power floweth immediately from god , & the people doth not transfer that power , but doth onely consent to the person of the king , or doth onely choose his person at some time . and though this power were principally given to the people , it is not so given to the people as if it were the peoples power , & not gods for it is gods power , neither is it any other waies given to the people , but as to a streame , a beam , and an instrument which may confer it to another . m. anton. de domini . l. . c. . n . . doth more subtilly illustrate the matter , if the king should confer honour on a subject , by the hand of a servant , who had not power or freedom to confer that honour , or not to confer it , but by necessity of the kings commandment must confer it , nothing should hinder us to say , that such a subject had his honour immediately from the king : so the earth is immediately illuminated by the sun , although light be received in the earth , but by the interveening mediation of many inferiour bodies and elements , because by no other thing , but by the sun only , is the light as an efficient cause in a nearest capacity to give light , so the royall power in whomsoever it be is immediatly from god onely , though it be applyed by men to this , or this person , because from god onely , and from no other the kingly power is formally and effectively that which it is , and worketh that which it worketh , and if you ask by what cause is the tree immediatly turned in fire , none sound in reason would say , it is made fire , not by the fire , but by him that laid the tree on the fire . iohn p. p. would have stollen this argument also , if he had been capable thereof . ans . . a fatherly power is in a father , not before he have a child , but indeed before his children by an act of their free-wil consent that he be their father , yea & whether the children consent or no , from a physical act of generation he must be the father ; & let the father be the most wicked man & lethim be made by no moral requisite , is he made a father , nor can heever leave off physically to be a father , he may leave off morally to do the duty of a father , & so be non pater officio , but he cannot but be pater naturae generantis vi . so there never is nor can be any need , that childrens fre consent interveen ▪ to make kish the father of saul because he is by nature a father , to make saul a king & a moral father by analogy and improperly , a father by ruling , governing , guiding , defending israel , by good laws , in peace and godlinesse , i hope there is some act of the peoples free-will required even by spalatoes way , the people must approve him to be king , yea they must king him , or constitute him king , say we , no such act is required of naturall sons to make a physicall father , and so here is a great halt in the comparison , and it is most false that there is a kingly power to governe many families in the same father , before these many families can transfer their power to make him king. put royallists to their logick , they have not found out a medium to make good , that there is a formall kingly power , whereby saul is king and father morally over all israel before israel chose him and made him , as kish was sauls father formally , and had a fatherly power to be his father , before saul had the use of free-will to consent , that he should be his father . royalists are here at a stand ; the man may have royall gifts before the people make him king , but this is not ( regia potestas ) a royall power , by which the man is formally king. many have more royal gifts then the man that beareth the crown , yet are never kings , nor is there formally , ( regia potestas ) kingly power in them . in this meaning petrarcha said , plures sunt reges quam regna . . he saith , the people doth not confer royall power , but onely consent to the person of the man , or choise of his person . this is non-sense , for the peoples choosing of david at hebron to be king , and their refusing of sauls seed to be king , what was it but an act of god , by the free suffrages of the people , conferring royall power on david , and making him king ? whereas in former times , david even anointed by samuel at bethleem , sam. . was onely a private man , the subject of king saul , and never tearmed by the spirit of god , a king ; nor was he king , till god , by the peoples consent , made him king at hebron ; for samuel neither honoured him as king , nor bowed to him as king , nor did the people say , god save king david , but after this david acknowledged saul as his master , and king. let royalists shew us any act of god making david king , save this act of the people making him formally king at hebron , and therefore the people as gods instrument transferred the power , and god by them in the same act transferred the power , and in the same they chose the person ; the royalists affirm these to be different actions ; affirmanti incumbit probatio . . this power is the peoples radically , naturally , as the bees ( as some think ) have a power naturall to choose a king-bee , so hath a communitie a power naturally , to defend and protect themselves ; and god hath revealed in deut. . , . the way of regulating the act of choosing governours and kings , which is a speciall mean of defending and protecting themselves ; and the people is as principally the subject and fountain of royall power , as a fountain is of water . i shall not contend , if you call a fountain gods instrument to give water , as all creatures are his instruments . . for spalato's comparison , he is far out , for the people choosing one of ten to be their king , have freewill to choose any , and are under a law , deut. . , . in the manner of their choosing , and thought , they erre and make a sinfull choice ; yet the man is king , and gods king , whom they make king ; but if the king command a servant to make a. b. a knight , if the servant make c. d. a knight , i shall not think c. d. is a valid knight at all ; and indeed , the honour is immediately here from the king , because the kings servant by no innate power maketh the knight , but nations by a radicall and naturall and innate power maketh this man a king , not this man : and i conceive , the man chosen by the people , oweth thanks , and gratefull service to the people , who rejected others , that they had power to choose , and made him king. . the light immediately and formally , is light from the sun , and so is the office of a king , immediately instituted of god , deut. . . whether the institution be naturall , or positive , it is no matter . . the man is not king , because of royall indowments , though we should say these were immediately from god , to which instruction and education may also conferre not a little ; but he is formally king , ratione 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , in regard of the formall essence of a king , not immediately from god , as the light is from the sun , but by the mediation of the free consent of the people , sam. . , , . nor is the people in making a king , as the man who onely casteth wood in the fire ; the wood is not made fire formally , but by the fire , not by the approach of fire to wood , or of wood to fire ; for the people do not apply the royaltie , which is immediately in , and from god to the person : explicate such an application ; for to me it is a fiction unconceiveable , because the people hath the royaltie radically in themselves , as in the fountain and cause , and conferreth it on the man who is made king ; yea , the people by making david king , confer the royall power on the king : this is so true , that royalists forgetting themselves , inculcate frequently in asserting their absolute monarch from vlpian , but misunderstood , that the people have resigned all their power , libertie , right of life , death , goods , chastitie , a potency of rapine , homicides , unjust wars , &c. upon a creature called an absolute prince , even , saith grotius , as a man may make himself a slave , by selling his liberty to a master . now if the people make away this power to the king , and this be nothing but the transcendent absolutenesse of a king : certainly , this power was in the people ; for how can they give to a king , that which they have not themselves ? as a man cannot make away his liberty , to a master , by becoming a slave to him , if his libertie were immediately in god , as royalists say , soveraigntie is immediately in god , and people can exercise no act about soveraignty , to make it over to one man , rather then to another . people onely have an after-approbation , that this man to whom god hath given it immediately , shall have it . furthermore , they say , people in making a king , may make such conditions , as in seven cases a king may be dethroned , at least resisted , saith hu. grotius . ergo , people may give more , or lesse , half or whole , limited or absolute royall power to the prince ; but if this power were immediately in god , and from god ; how could the people have the husbanding of it , at their need to expend it out in ounce weights , or pound weights , as they please ? and that the people may be taverners of it , to sell , or give it , is taught by grotius de jur . bel & pac . l. . c. . barclai . advers . monarch . l. . c. . arnisae . cap. . de majest . an princeps qui jurat subditis , &c. n. . n. se aventiun . anal. l. . chytreus , l. . l. . saxon sleid. lib. . in fi ; yet arnisaeus is not ashamed to cite arist . po . c. . l. . that he is not a true and absolute king , who ruleth by laws : the point black contrary of which aristotle saith . quest . xli . whether doth the p. prelate upon good grounds , ascribe to us the doctrine of jesuites in these questions of lawfull defensive wars ? the p. prelate without all ground , will have us all iesuites in this point ; but if we make good , that this truth was in scripture before a iesuite was in the earth , he falleth from his cause . p. prelate . the begardi saith , there was no government , no law given to the just . it feareth me , this age fancieth to it self , some such thing , and have learned of core , dathan , &c. ans . this calumniator in the next words belieth himself , when he saith , we presuppose , that these with whom we are to enter in lists , do willingly grant , that government is not onely lawfull and just , but necessary both for church and common-wealth : then we fancie no such thing as he imputeth to us . p. prelate . some said , that the right of dominion is founded on grace ; whether the waldenses and hus , held any such tenet , i cannot now insist to prove , or disprove . gerson and others held , that there must be a new title and right to what men possesse : too many too confidently hold these , or the like . answ . . that dominion is founded upon grace , as its essentiall pillar ; so as wicked men be no magistrates , because they are in mortall sin , was falsly imputed to ancient protestants , the waldenses , wickcliff , and hus , by papists ; and this day by jesuites , suarez , bellarmine , becan . the p. prelate will leave them under this calumny , that he may offend papists and iesuites as little as he can , but he would lay it on us ; but if the p. prelate think , that dominion is not founded on grace , de jure , that rulers should have that spirit that god put on the seventy elders for their calling , and that they ought not to be men fearing god , and hating covetousnesse , as gerson and others did , he belieth the scripture . . it is no errour of gerson , that beleevers have a spirituall right to their civill possessions , but by scripture , cor. . . revel . . . p. prelate . the jesuites are ashamed of the errour of casuists , who hold that , directum imperium , the direct and primary power , supreme , civill , and ecclesiasticall , is in the pope ; and therefore , they give an indirect directive , and coercive power to him , over kings and states , in ordine ad spiritualia : so may he king and un-king princes at his pleasure . our presbyterians , if they run not fully this way , are very neer to it . answ . the windy man would seem versed in school-men , he should have named some gasuists , who hold any like thing . . the presbyterians must be popes , because they subject kings to the gospel , and christs scepter in church censures , and think christian kings may be rebuked for blasphemy , blood-shed , &c. whereas prelates , in ordine ad diabolica , murther souls of kings . . prelates do king princes . an p. arch-prelate , when our king was crowned , put the crown on king charls head , the sword and scepter in his hand , anointed him in his hands , crown , shoulders , arms , with sacred oyl : the king must kisse the archbishop , and bishops ; is not this to king princes , in ordine ad spiritualia : and these that kingeth may unking , and judge what relation the p. arch-bishop spotwood had , when he proffered to the king , the oath that the popish kings sweareth to maintain , the professed religion ( not one word of the true protestant religion ) and will carefully root out all hereticks , and enemies ( that is protestants as they expone it , ) to the true worship of god , that shall be convicted by the true church of god of the foresaid crimes . and when the prelates professed , they held not their prelacies of the king , but of the pope indeed : who are then nearest to the popes power , in ordine ad spiritualia ? . how will this black mouthed calumniator , make presbyterians to dethrone kings ? he hath written a pamphlet of the inconsistency of monarchie and presbyterian government , consisting of lies , invented calumnies of his church , in which he was baptized . but the truth is , all his arguments prove the inconsistencie of monarchs and parliaments , and transform any king in a most absolute tyrant ; for which treason he deserveth to suffer as a traytor . p. prelate . q. . c. . the puritan saith , that all power civill , is radically and originally seated in the communitie ; he here joyneth hands with the jesuite . answ . in six pages he repeateth the same things . . is this such an heresie , that a colonie casted into america by the tyranny of p. prelates , have power to choose their own governours ; all israel was hereticall in this , for david could not be their king , though designed and anointed by god , sam. . till the people , ● sam. . put forth in act , this power , and made david king in hebron . . let the prelate make a syllogisme , it is but ex utraque affirmante in secunda figura , logick like the bellies of the court , in which men of their own way is disgraced and cast out of grace and court , because in this controversie of the king with his two parlia●ents , they are like erasmus in gods matters , who said , lutherum nec accuso , nec defendo . . he is discourted who ever he be , who is in shape like a puritan , and not fire and sword against religion and his countrey , and oath and covenant with god , and so it is this . the iesuite teacheth , that power of government is in the communitie originally . the puritan teacheth , that power of government is in the communitie originally . ergo , the puritan is a iesuite . but so the puritan is a iesuite , because he and the iesuite teacheth , that there is on god , and three persons ; and if the prelate like this reasoning , we shall make himself and the prelates , and court-divines , iesuites upon surer grounds . jesuites teach , the pope is not the antichrist . . christ locally discended to hell , to free some out of that prison . . it was sin to separate from babylonish rome . . we are justified by works . . the merit of fasting is not to be condemned . . the masse is no idolatry . . the church is the judge of controversies . . all the arminian points are safer to be beleeved , then the contrary ; yea , and all the substantials of popery are true , and catholick doctrine to be preached and printed : the prelates and court-divines , and this prelate conspireth , in all these with the iesuites , as is learnedly and invincibly proved in the treatise , called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the canterburian self-conviction : to which no man of the prelaticall and romish faction durst ever make answer for their hearts : and see then who are iesuites . . this doctrine was taught by lawyers , protestants , yeilded to by papists before any iesuite was whelped in rerum naturâ . never learned man wrote of policy , till of late ; but he held power of government , by the light of nature must be radically and originally , in a communitie : the p. prelate saith , iesuites are not the father of this opinion , cap. . pag. . how then can the liar say , that the puritan conspireth with the iesuite ? suarez the iesuite de primat . sum . pontifi . l. . c. . n. . non est novum , aut a cardinali bellarmino inventum . the iesuite tannerus will not have their family the mother of this opinion , tom. . disp . . de leg . q. . in . q. , . dubi . . n. . sine dubio communis omnium theologorum & iurisperitorum sententia , &c. the iesuite tolet , in rom. . taketh it for a ground , that the civill powers are from god , by the naturall mediation of men , and civill societies . . iesuites teach , that there is no lawfull christian society truely politick that hath a neer and formall power , to choose and ordain their own magistrates , but that which acknowledgeth subjection , and the due regulation of their creating of magistrates , to be due and proper to the pope of rome . we acknowledge no wayes the bishop of rome , for a lawfull bishop and pastor at all : but this popish prelate doth acknowledge him , for he hath these words , cap. . pag. . it is high presumption in the pope , to challenge to himself , the title or right of christs universall vicar on earth , by divine right . the pope , the bishop of rome , hath no more by divine right , ( what he may have by positive ecclesiasticall right , is not pertinent for us now to examine and discusse ) no higher priviledge ( except it be in extent ) then the meanest bishop of the world in his diocesse . and amongst all proofes , he passing by scriptures , which should prove , or improve a divine right , he will content himselfe with one proofe of cyprian , de unitat . eccles . and endeth with these words : would god , both sides , in this , and other controversies , would submit to the judgement of the holy fathers . hence the p. prelate , in his . article , ( the other two i shall touch anon ) maketh puritans grosser then jesuites , in dethroning kings ; because , if the king be deficient , the people may resume their power , and governe for him , and so dethrone the king. but bellarmine , l. . q. de laic . holdeth , the people cannot dethrone the king , but , in certis casibus , in some cases , that is , ( as suarez saith ) si rex sua potestate iu manifestam ( civitatis ceu regni ) perniciem abutatur . but i will demonstrate , that if papists hold that the pope may dethrone kings , this prelate is of their mind : for , . the words i cited , make good that he is for the popes supremacie ; ( now it is a joynt or lith of his supremacie , to king and un-king princes . ) . they make good that he is a papist : for , . it is presumption in the pope to challenge to himselfe , that he is christs vniversall vicar on earth by divine right . why saith he not , by no right at all , but only he is not christs vicar by divine right : for it is evident that papists make him christs vicar , only by ecclesiasticall right ; for they professe , succession of popes to this day , cannot be proved but by tradition , not by scripture . . the popes supremacie , by papists , is expresly reckoned amongst unwritten traditions , and so there is no necessitie that the right of it be proved from scripture . . the prelate expresly saith , he will not discusse the ecclesiasticall right that the pope hath to be christs vicar . and by that he clearly insinuateth , that he hath a right to be christs vicar , beside a scripturall and divine right : only , for offending papists , he will not discusse it . . he hath no higher priviledge ( saith he ) then other bishops , except in extent , by divine right . now other bishops , as officers in nature different from presbyters , ( for of such the p. prelate must speak in his own dialect ) have their office by divine right : and this the prelates words must include , else he saith non-sense to the matter in hand . and in extent the pope hath by divine right more then other bishops have . now what is the pope of rome his extent ? all knowes it is the whole catholike visible church on earth . if then all bishops be particular ambassadours in christs stead , cor. . . and so legates and deputies of christ ; he who by divine right is a bishop in extent over the whole world , is as like one that calleth himselfe the universall vicar of christ , as one egge is like another . . the doctrine taught by this prelate , so popish , & hints , yea are more then evidences of grosse poperie in this book , and his other pamphlet against presbyteries ; and his desire that the controversie concerning the popes supremacie , and others , were determined with submission to the judgement of the fathers : doe cry , that he is but a rotten papist . for why will he submit all other controversies to the judgement of the fathers ? why not to the prophets and apostles ? can fathers decide controversies better then the word of god ? a reason cannot be dreamed of , why the fathers should be iudges , and not the scriptures , except that scriptures are obscure . . their authoritie and light cannot determine and judge controversies , except in so far as they have authoritie from fathers and the church : and we know this to be proprium to modo , proper to jesuites and papists , to cry fathers , fathers , in all controversies , though the fathers be more for us , then for them , except two things ; . what fathers speake for us , are corrupted by them : . what were but errors in fathers , when children adde contumacie to error , becomes the heresies of the sonnes . and it is most false , that we joyne with jesuites . . we teach no more against tyrants , in e●ercitio , then grotius , barclay , winzetus , in the matter of deposing kings . and in this , royalists conspire with jesuites . . we deny that the pope may loose subjects from the oath of fidelitie , when a king turneth hereticall ; . that people at the popes commandement , are to dethrone kings , for heresie . so doe the prelates , and their fellowes the papists teach . so gregorie the . practised : so aquinas taught , q. . ar . . antonin . sum , par . . t. . c. . § . . thou hast put all things under the popes feet ▪ oves , id est , christianos ; boves , iudaeos & hereticos ; pecora , paganos . so navar. l. . c. . pagans have no jurisdiction . iaco. symanca , de catho . instit . tit . . n. . catholica uxor heretico viro debitum reddere non tenetur . item . constat haeretieum privatum esse omni dominio , naturali , civili , politico , naturali quod habet in filios , nam propter haeresin patris efficiuntur filii sui iuris , civili , quod habet in servos , ab eo enim servi liberantur , politico , quod rerum domini habent in subditos , ita bannes . q. . art . . gregor . de valent . . dis . . q. . p. . lod . mol. to . . de just . & jur . tract . . dis . . v. . . papists hold that generatio clerici est corruptio subditi , church-men are not subjects under the kings law. it is a canonicall priviledge of the clergy , that they are not subject to the kings civill lawes . now this prelate and his fellowes made the king sweare , at his coronation , to maintaine all canonicall priviledges of the prelaticall clergy , the very oath and words sworne by all the popish kings . p. prelate . power is given by the multitude to the king immediatly , and by god mediately , not so much by collation , as by approbation , how the iesuite and puritane walke all along in equall pace . see bellarmine l. . de liac . c. . zuarez cont . sect . angl. l. . c. . ans . it is a calumnie , that we teach that the power of the king is from god mediatly , by meere approbation ; indeed a fellow of his , a papist writing against the kings supremacy , anthony capell cont. . c. . saith , saul was made king , and others also by gods permission , and deo invito & irato , god being angry , that is not our doctrine ; but with what reall efficiencie god hath made men , and communities , rationall and sociall men , with the same hath he made them by instinct of nature , by the mediation of reason , to create a king ; and bellarmine and suarez say , not god maketh kings by approbation only . p. prelate . the people may change monarchy into aristocracy or democracy , or aristocracy into monarchy ; for ought i know , they differ not in this neither . ans . the p. prelate knoweth not all things , the two iesuites , bellarmine and suarez are produced only , as if they were all iesuites ; and suarez saith , de prim . po . l. . n. . donationem absolutam semel valide factam revocari non posse , neque in totum , neque ex parce , maxime quando onerosa fuit . if the people once give their power to the king , they cannot resume it without cause , and laying downe the grounds of suarez and other iesuites , that our religion is heresie , they doe soundly collect this consequence , that no king can be lord of the consciences of their subjects , to compell them to an hereticall religion . we teach that the king of spaine hath no power over the consciences of protestant subjects , to force them to idolatry , and that their soules are not his subjects , but only their persons , and in the lord. . it is no great crime , that if a king degenerate in a tyranny , or if the royall line faile , that we thinke the people have liberty to change monarchy into aristocracy , aut contra . iesuites deny that the people can make this change without the popes consent . we judge neither the great bishop the pope , nor the little popes ought to have hand in making kings . p. prelate . they say the power is derived to the king from the people , cumulativè , or communicativé , non privativé by way of communication , not by way of privation , so as the people denude not themselves of this soveraignty . as the king maketh a lieutenant in ireland , not to denude himselfe of his royall power , but to put him in trust for his service . if this be their mind , the king is in a poore case . the principal authority is in the deligate , and so the people is still iudge , and the king their deputy . ans . the p. prelate taketh on him to write he knoweth not what , this is not our opinion . the king is king , and hath the peoples power not as their deputy . . because the people is not principall iudge , and the king subordinate . the king in the executive power of lawes , is really a soveraigne above the people , a deputy is not so . . the people have irrevocably made over to the king , their power of governing , defending , and protecting themselves , i except the power of selfe preservation , which people can no more make away , it being sinlesse natures birth-right then the liberty of eating , drinking , sleeping ; and this the people cannot resume , except in case of the kings tyranny , there is no power by the king so irrevocably resigned to his servant or deputy , but he may use it himselfe . . a delegate is comptable for all he doth to those that put him in trust , whether he doe ill or well . the king in acts of iustice is not comptable to any , for if his acts be not lyable to high suspitions of tyranny , no man may say to him what dost thou ? onely in acts of unjustice , and those so tyrannous , that they be inconsistent with the habituall fiduciary repose and trust put on him , he is to render accounts to the parliament , which representeth the people . . a delegate in esse , in fieri , both that he may be a delegate , and that he may continue a delegate , whether he doe ill or well , dependeth on his pleasure who delegateth him ; but though a king depend in fieri , in regard of his call to the crowne , upon the suffrages of his people , yet that he may be continued king , he dependeth not on the people simply , but only in case of tyrannicall administration , and in this sense suarez and bellarmine spake with no more honesty , then we doe , but with more then prelates doe , for they professe any emissary of hell may stab a protestant king. we know the prelates professe the contrary , but their judgement is the same with iesuites in all points ; and since they will have the pope christs vicar , by such a divine right as they themselves are bishops , and have the king under oath to maintaine the clergie , bishops , and all their canonicall priviledges , amongst which the bishops of rome his indirect power in ordine ad spiritualia , and to dethrone kings who turne heritickes , is one principall right . i see not how prelates are not as deepe in treason against kings as the pope himselfe , and therefore p. prelate , take the beame out of your owne eye . the p. prelate taketh unlearned paines , to prove that gerson , occam , iac. de almaine , parisian doctors maintained these same grounds anent the peoples power over kings in the case of tyranny , and that before luther and calvine was in the world , and this is to give himselfe the lye , that luther , calvin , and we have not this doctrine from iesuites , and what is calvines mind , is evident , instit , l. . c. all that the estates may coerce , and reduce in order a tyrant , else they are deficient in their trust that god hath given them over the common-wealth and church ; and this is the doctrine for which royalists cry out against master knox of blessed memory , buchanan , iunius brutus , b●uchier , rossaeus , althusius , and luther , in scripto ad pastorem , to . german . fol. . bringeth two examples for resistance ; the people resisted saul , when he was willing to kill ionathan his sonne , and ahikam and other princes rescued ieremiah out of the hands of the king of iudah : and gerardus citeth many divines , who second luther in this , as bugenliagius , iustus ionas , nicholas ambsderffius , george spalatinus , iustus menius , christopher hofmanus . it is knowne what is the mind of protestant divines , as beza , pareus , melancthon , bucanus , polanus chamer , all the divines of france , of germany , of holland . no wonder then prelates were upon the plot of betraying the city of rochel , and of the protestant church there , when they then will have the protestants of france , for their defensive warres to be rebels , and siders with iesuites , when in these warres iesuites sought their blood and ruine . the p. prelate having shewn his mind concerning the deposing of childericke by the pope ( of which i say nothing , but the pope was an antichristian usurper , and the poore man never fit to beare a crowne ) he goeth on to set downe an opinion of some mute authors , he might devise a thousand opinions that way , to make men beleeve he had been in a wood of learned mens secrets , and that never man saw the bottome of the controversie , while he , seeing the escapes of many pens ( as supercilious bubo praiseth ) was forced to appeare a star new risen in the firmament of pursevants , and reveale all dreames , and teach all the new-statists , the gam●liels , buchanan , iunius brutus , and a world who were all sleeping , while this lucifer the sonne of the night did appeare , this new way of lawes , divinity and casuists theologie . they hold ( saith p. p. ) soveraigne power is primarily and naturally in the multitude , from it derived to the king , immediatly from god. the reason of which order is , because we cannot reape the fruites of government , unlesse by compact we submit to some possible and accidentall inconveniences . ans . . who speaketh so the p. prelate cannot name . that soveraigne power is primarily and naturally in the multitude . vertually ( it may be ) soveraignty is in the multitude , but primarily and naturally , as heat is in the fire , light in the sun ; i thinke the p. prelate dreamed it , no man said it but himselfe : for what attribute is naturally in a subject , i conceive may directly and naturally be predicated thereof . now the p. prelate hath taught us of a very naturall predication . ( our dreadful and soveraign lord the multitude commandeth this and this . ) . this is no more a reason for a monarchy , then for a democracy , for we can reape the fruites of no government , except we submit to it . . we must submit in monarchy ( saith he ) to some possible and accidentall inconveniences . here be soft words , but is subversion of religion , lawes , and liberties of church and state , introducing of popery , arminianisme , of idolatry , altar-worship , the masse proved by a learned treatise , the canterburian selfe conviction , printed the . edit . an . never answered , couched under the name of inconveniency ? the pardoning of the innocent blood of hundreds of thousand protestants in ireland , the killing of many thousands , nobles , barons , commons , by the hands of papists in armes against the law of the land , the making of england a field of blood , the obtruding of an idolatrous service-booke , with armies of men , by sea and land , to blocke up the kingdome of scotland . are all these inconveniences only ? . are they only possible and accidentall ? but make a monarch absolute , as the p. prelate doth , and tyranny is as necessary and as much intended by a sinfull man , inclined to make a god of himselfe , as it is naturall to men to sinne , when they are tempted , and to be drunken and giddy with honour and greatnesse ; witnesse the kings of israel and iudah , though de jure they were not absolute . is it accidentall to nero , iulian , to the ten hornes that grew out of the womans head , who sate upon the scarlet colloured beast , to make warre against the lambe , and his followers , especially the spirit of sathan being in them ? p. prelate , they inferre , . they cannot without violation of a divine ordinance , and breach of faith resume the authority , they have placed in the king. . it ▪ were high sin to rob authority of its essentials . . this ordinance is not 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 but 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , and hath urgent reasons . ans . . these namelesse authors cannot inferre that an oath is broken , which is made conditionally ; all authority given by the people to the king is conditionall , that he use it for the safety of the people , if it be used for their distruction , they breake no faith to resume it , for they never made faith to give up their power to the king upon such tearmes , and so they cannot be said to resume what they never gave . . so the p. prelate maketh power to act all the former mischiefes , the essentialls of a king ▪ balaam he is not worthy his wages , for prophecying thus , that ▪ the kings essentialls is a power of blood , and destructive to people , law , religion and liberties of church and state , for otherwise we teach not , that people may resume from the king authority and power to disarme papists , to roote out the bloody irish , and in justice serve them , as they have served us . . this ordinance of the people giving lawfull power to a king , for the governing of the people in peace and godlinesse , is gods good pleasure , and hath just reasons and causes . but that the people make over a power to one man , to act all the inconveniences above named , i mean the bloody and destructive inconveniences , hath nothing of god , or reason in it . p. prelate . the reasons of this opinion are , . if power soveraigne were not in one , he could not have strength enough to act all necessary parts and acts of government . . nor to prevent divisions which attend multitudes , or many indowed with equall power ; and the authors say , they must part with their native right entirely , for a greater good , and to prevent greater evills . . to resume any part of this power , of which the people have totally devested themselves , or to limit it , is to disable soveraignty from government , loose the sinewes of all society , &c ▪ ans . . i know none for this opinion , but the p. prelate himselfe . the first reason may be made rhyme , but never reason : for though there be not absolute power to good and ill , there may be strength of limited power in abundance in the king , and sufficient for all acts of just government , and the adequate end of government , which is , salus populi , the safetie of the people . but the royalist will have strength to be a tyrant , and act all the tyrannicall and bloody inconveniences of which we spake , an essentiall part of the power of a king ; as if weaknesse were essentiall to strength ; and a king could not be powerfull as a king , to doe good , and save and protect , except he had power also as a tyrant to doe evill , and to destroy and waste his people . this power is weaknesse , and no part of the image of the greatnesse of the king of kings , whom a king representeth . . the second reason condemneth democracie and aristocracie ; as unlawfull , and maketh monarchie the only physick to cure these ; as if there were no government an ordinance of god , save only absolute monarchie , which indeed is no ordinance of god at all , but contrary to the nature of a lawfull king , deut. . . . that people must part with their native right totally , to make an absolute monarch ; is , as if the whole members of the body would part with their whole nutritive power , to cause the milt to swell ; which would be the destruction of the body . . the people cannot divest themselves of power of defensive warres , more then they can part with nature , and put themselves in a condition inferior to a slave , who , if his master , who hath power to sell him , invade him unjustly , to take away his life , may oppose violence to unjust violence . and the other consequences are null . quest . xlii . whether all christian kings are dependent from christ , and may be called his vicegerents ? the p. prelate taketh on him to prove the truth of this : but the question is not pertinent : it belongeth to another head , to the kings power in church matters . i therefore only examine what he saith , and follow him . p. prelate . sectaries have found a quere of late , that kings are gods , not christs lieutenants on earth . romanists and puritans erect two soveraignes in every state ; the jesuite , in the pope ; the puritan , in the presbyterie . ans . we give a reason why god hath a lieutenant , as god ; because kings are gods , bearing the sword of vengeance against seditious and bloody prelates , and other ill-doers . but christ , god-man , the mediator and head of the body the church , hath neither pope nor king to be head under him . the sword is communicable to men ; but the headship of christ is communicable to no king , nor to any created shoulders . . the iesuite maketh the pope a king : and so this p. prelate maketh him , in extent , the bishop of bishops , and so king , as i have proved . but we place no soveraigntie in presbyteries , but a meere ministeriall power of servants , who doe not take on them to make lawes and religious ceremonies , as prelates doe , who indeed make themselves kings and law-givers in gods house . p. prelate . we speake of christ as head of the church . some think that christ was king by his resurrection , jure acquisito , by a new title , right of merit . i think he was a king from his conception . ans . you declare hereby , that the king is a ministeriall head of the church , under the head christ . all our divines disputing against the popes headship , say , no mortall man hath shoulders for so glorious a head . you give the king such shoulders . but why are not the kings , euen nero , iulian , nebuchadnezzar , belshazer , vicegerents of christ , as mediator , as priest , as redeemer , as prophet , as advocate , presenting our prayers to god his father ? what action , i pray you , have christian kings , by office , under christ , in dying , and rising from the dead for us , in sending down the holy ghost , preparing mansions for us ? now it is as proper and incommunicably reciprocall with the mediator , to be the only head of the body the church , col. . . as to be the only redeemer and advocate of his church . . that christ was king from his conception , as man borne of the virgin mary , suteth well with papists , who will have christ , as man , the visible head of the church ; that so as christ-man , is now in heaven , he may have a visible pope to be head in all ecclesiasticall matters . and that is the reason why this p. prelate maketh him head of the church by an ecclesiasticall right , as we heard ▪ and so he followeth becanus the iesuite , in this , and others his fellowes . p. prelate . . proofe . if kings reigne by 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 per , in and through christ , as the wisdome of god , and the mediator : then are kings the vicegerents of christ , as mediator . but the former is said , prov. . , . as d. andrewes , of blessed memorie . ans . . denies the major : all beleevers living the life of god ingrafted in christ as branches in the tree , job . . . ▪ should by the same reason be vicegerents of the mediator : so should the angels , to whom christ is a head , col. . . be his vicegerents ; and all the iudges and constables on earth , should be under-mediators , for they live and act in christ : yea , all the creatures , in the mediator , are made new , rev. . . rom. . , , . . d. andrewes name is a curse on the earth , his writings prove him to be a popish apostate . p. prelate . . christ is not only king of his church ; but in order to his church , king over the kings and kingdomes of the earth , ps . . . . . math. . . to him is given all power in heaven and earth ; ergo , all soveraigntie over kings . ans . . if all these be christs vicegerents , over whom he hath obtained power ; then , because the father hath given him power over all flesh , to give them life eternall , ioh. . . . then are all beleevers his vicegerents , yea and all the damned men and devils , and death and hell are his vicegerents : for christ , as mediator , hath all power given to him , as king of the church , and so power kingly over all his enemies , to reigne while he make them his footstoole , ps . . . . to break them with a rod of iron , ps . . . cor. . , , , . revel . . . . v. , , , , , . and by that same reason , the p. prelates . and . argument fall to the ground , he is heire of all things , ergo , all things are his vicegerents . what more vaine ? he is prince of the kings of the earth , and king of oggs , of kings , of his enemies ; ergo , sea and land are his vicegerents . p. prelate . kings are nurse-fathers of the church , ergo , they hold their crowns of christ : . divines say , that by men in sacred orders christ doth rule his church mediately , in those things which primely concerne salvation ; and that by kings their scepter and power , he doth protect his church , and what concerneth externall pompe , order and decencie . then , in this latter sense , kings are no lesse the immediate vicegerents of christ , than bishops , priests and deacons , in the former . ans . because kings hold their crownes of christ , as mediator and redeemer , it followeth by as good consequence , kings are submediators and under-priests , and redeemers , as vicegerents . christ , as king , hath no visible royall vicegerents under him . . men in holy orders sprinkled with one of the papists five blessed sacraments , such as antichristian prelates , unwashed priests to offer sacrifices , and popish deacons , are no more admitted by christ to enter into his sanctuary as governours , then the leaper into the campe of old , and the moabite and ammonite were to enter into the congregation of the lord , deut. . . therefore we have excommunicated this p. prelate , and such moabites out of the lords house . . what be the things that doe not primely concerne salvation , the p. prelate knoweth , to wit , images in the church , altar worship , antichristian ceremonies , which primely concerne damnation . . i understand not what the p. prelate meaneth , that the king preserveth externall government in order and decency , in scotland , in our parliament , . the prescribed surplice , and he commanded the service-booke , and the masse-worship . the prelate degradeth the king here , to make him onely keep , or preserve the prelates masse-clothes : they intended indeed to make the king but the popes servant , for all they say and do for him now . . if the king be vicegerent of christ in prescribing laws for the externall ordering of the worship , and all their decent symbolicall ceremonies : what more doth the pope , and the prelate in that kinde ? he may , with as good warrant preach and administrate the sacraments . p. prelate . kings have the sign of the crosse on their crowns . answ . ergo , baculus est in angulo . prelates have put a crosse in the kings heart , and crossed crown and throne to , really . some knights , some ships , some cities and burroughes , do carry a crosse ; are they made christs vice-gerents of late ? by what antiquity doth the crosse signifie christ ? of old it was a badge of christians , no religious ceremony ; and is this all . the king is the vicegerent of christians . the prelates we know , adore the crosse with religious worship : so must they adore the crown . p. prelate . grant that the pope were the vicar of christ in spirituall things , it followeth not : ergo , kings crowns are subject to the pope ; for papists teach , that all power that was in christ , as man , as power to work miracles , to institute sacraments , was not transmitted to peter and his successors . answ . this is a base consequence , make the pope head of the church : the king , if he be a mixed person , that is , half a church-man , and christs vice-gerent ; both he and prelates must be members of the head . papists teach , that all in christ as man , cannot be transmitted to peter , but a ministeriall catholike headship ( say bucanus and his fellows ) was transmitted from christ as man , and visible head , to peter and the pope . p. prelate . i wish the pope , who claimeth so neer alliance with christ , would learn of him to be meek and humble in heart ; so should he finde rest to his own soul , to church and state. answ . the same was the wish of gerson , occam , the doctors of paris , the fathers of the councels of constance and basil ; yet all make him head of the church . . the excommunicate prelate is turned chaplain to preach to the pope : the soul-rest that protestants wish to the pope is , that the lord would destroy him by the spirit of his mouth , thes . . . but p. prelates , this wish is a reformation of accidents , with the safety of the subject , the pope , and is as good as a wish , that the devill remaining a devill , may finde rest for his soul , all we are to pray for ; as having place in the church , are supposed members of the church . the prelate would not pray so for the presbytery , by which he was ordained a pastour , tim. . . though he be now an apostate : it is gratitude to pray for his lucky father the pope . what ever the prelate wish , we pray for , and beleeve , that desolation shall be his soul-rest , and that the vengeance of the lord , and of his temple , shall fall upon him , and the prelates his sons . p. prelate . that which they purpose , by denying kings to be christs vice-gerents , is to set up a soveraignty ecclesiasticall in presbyteries , to constrain kings , repeal his laws , correct his satutes , reverse his judgements , to cite , convent , and censure kings ; and if there be not power to execute , what presbyteries decrees , they may call and command the help of the people , in whom is the underived majestie ; and promise , and swear , and covenant to defend their fancies , against all mortall men , with their goods , lands , fortunes , to admit no divisive motion ; and this soveraign association maketh every private man an armed magistrate . answ . you see the excommunicate apostats tusles against the presbytery of a reformed church , from which he had his baptism , fiath , ministery . . we deny the king to be the head of the church . . we assert , that in the pastors , doctors , and elders of the church , there is a ministeriall power , as servants under christ , in his authority , and name , to rebuke and censure kings ; that there is revenge in the gospel against all disobedience , cor. . . and . . the rod of god , cor. . . the rod of christs lips , isai . . . the scepter and sword of christ , revel . . . and . . the keyes of his kingdom , to binde and loose , open and shut , matth. . . . and . . cor. . , , . thes . . , . tim. . . and . . and . . and that this power is committed to the officers of christs house , call them as you will. . for reversing of laws made for the establishing of popery , we think the church of christ did well to declare all these unjust grievous decrees ; and that woe is due to the iudges , even the queen , if they should not repent , as isai . . . and this p. must shew his teeth in this , against our reformation in scotland , which he once commended in pulpit , as a glorious work of gods right arm . and the assemble of glaskow , . declared , that bishops though established by acts of parliament , procured by prelates onely , commissioners , and agents , for the church , who betrayed their trust , were unlawfull , and did supplicate , that the ensuing parliament would annull these wicked acts. they think god priviledgeth neither king , nor others from church-censures : the p. prelates imprisoned , and silenced the ministers of christ , who preached against the publike sins , the blood , oppressions , unjustice , open swearing , and blasphemy of the holy name of god , the countenancing of idolaters , &c. in king and court. . they never sought the help of the people , against the most unjust standing law of authority . . they did never swear and covenant , to defend their own fancies , for the confession and covenant of the protestant religion , translated in latin to all the protestants in europe and america , being termed a fancie , is a clear evidence , that this p. prelate was justly excommunicated for popery . . this covenant was sworm by king james , and his house , by the whole land , by the prelates themselves . and to this fancy , this p. prelate by the law of our land was obliged to swear , when he received degrees in the universitie . . there is reason our covenant should provide against divisive motions . the prelates moved the king to command all the land to swear our covenant , in the prelaticall sense , against the intent thereof , and onely to devide , and so command . iudge what religion prelates are of , who will have the name of god prophaned by a whole nation , by swearing fancies . . of making private men magistrates , in defending themselves against cut-throats . enough already : let the p. prelate answer if he can . p. prelate . let no man imagine me to priviledge a king from the direction , and just power of the church , or that like uzzah he should intrude upon sacred actions , exviordinis , in foro interno conscientiae , to preach or administrate sacraments , &c. answ . uzzah did not burn incense , ex vi ordinis , as if he had been a priest , but because he was a king , and gods anointed . prelates sit not in councell and parliament , ex vi ordinis , as temporall lords . the pope is no temporall monarch , ex vi ordinis ; yet all are intruders . so the p. p. will licence kings to administer sacraments , so they doe it not ex vi ordinis . p. p. men in sacred orders in things intrinsecally spirituall , have immediatly a directive and authoritative power , in order , to all whatsoever , although ministeriall only , as related to christ ; but that giveth them no coercive civill power over the prince , perse , or per accidens , directly or indirectly , that either the one way or the other , any or many in sacred order , pope , or presbytery , can cite and censure kings , assocîate , covenant or sweare to resist him , and force him to submit to the scepter of christ . this power over man god almighty useth not , much lesse hath he given it to man , ps . . his people are a willing people , suadenda non cogenda religio . ans . . pastors have a ministeriall power ( saith he ) in spirituall things , but in order to christ , ergo in order to others it is not ministeriall , but lordly . so here a lordly power pastors have over kings , by the p. p. way . we teach it is ministeriall in relation to all , because ministers can make no lawes as kings can doe , but only as heralds , declare christs lawes . . none of us give any coercive civill power to the church , over either kings , or any other , it is ecclesiasticall ; a power to rebuke and censure was never civill . . a religious covenant to swear to resist , that is , to defend our selves is one thing , and a lawfull oath , as is cleare in those of israel , that did sweare asa's covenant , without the authority of their owne king , chron. . , , , . and to sweare to force the king to submit to christs scepter is another thing ; the presbytery never did sweare or covenant any such thing : nor doe we take sacrament upon it , to force the king. prelates have made the king sweare , and take his sacrament upon it , that he shall roote out puritanes , that is protestants , whereas he did sweare athis coronation to roote out heretickes ; that is , ( if prelates were not traiterous in administring the oath ) arminians and papists , such as this p. p. is knowne to be ; but i hold that the estates of scotland have power to punish the king , if he labour to subvert religion and lawes . . if this argument , that religion is to be perswaded , not forced , which . p. p. useth , be good , it will make much against the king for the king then can force no man to the externall profession , and use of the ordinances of god , and not only kings , but all the people should be willing . p. prelate . though the king may not preach , &c. yet the exercise of these things freely within his kingdome , what concerneth the decent and orderly doing of all , and the externall man , in the externall government of the church , in appointing things arbitrary and indifferent , and what else is of this straine , are so due to the prerogative of the crown , as that the priests without highest rebellion may not usurpe upon him ; a king in the state and church is a mixed person , not simply civill , but sacred too . they are not only professors of truth , that they have in the capacity of christians , but they are defenders of the faith as kings , they are not sonnes only , but nurse-fathers , they serve god , as augustine saith , as men , and as kings also . ans . if yee give the king power of the exercises of word and sacraments in his kingdome , this is deprivation of ministers in his kingdome ( for sure he cannot hinder them in another kingdome ) you may make him to give a ministeriall calling , if he may take it away . by what word of god can the king close the mouth of the man of god , whom christ hath commanded to speake in his name ? . if the king may externally governe the church , why may he not excommunicate , for this is one of the speciall acts of church government , especially seeing he is a mixed person , that is halfe a church-man , and if he may prescribe arbitrary teaching ceremonies , surplice to instruct men in the duties of holinesse required of pastors , i see not , but he may teach the word . . dr. ferne and other royalists deny arbitrary government to the king in the state , and with reason , because it is tyranny over the people , but prelates are not ashamed of commanding a thing arbitrary and indifferent in gods worship , shall not arbitrary government in the church be tyranny over the conscience ? but ( say they , ) church-men teacheth the king what is decent and orderly in gods worship , and he commandeth it . ans . solomon by no teaching of church-men deposed abiathar ▪ david by no teaching of church-men appointed the forme of the temple . . hath god given a prerogative royall to kings , whereby they may governe the church , and as kings they shall not know how to use it , but in so farre , as they are taught by church ▪ men ? . certainely we shall once be informed by gods word , what is this prerogative , if according to it , all the externall worship of god may be ordered . lawyers and royalists teach , that it is an absolutenesse of power , to doe above , or against a law , as they say from sam. . v. . . and whereby the king may oppresse , and no man may say , what dost thou ? now , good p. prelate , if by a plenitude of tyranny the king prescribe what he will in the externall worship and government of gods house , who can rebuke the king , though he command all the antichristian ceremonies of rome , and of turkey , yea and the sacrificing of children to molech ? ( for absolutenesse royall will amount to shedding of innocent blood ) for if any oppose the king , or say , sir , what doe you ? he opposeth the prerogative royall , and that is highest rebellion , saith our p. prelate . . i see not how the king is a mixt person , because he is defender of the faith , as the pope named the king of england , henry the eighth : he defendeth it by his sword , as he is a nurse-father , not by the sword that commeth out of his mouth . . i would know how iulian , nebuchadnezzar , og , and sihon , were mixed persons , and did all in the externall government of the church ; and that by their office , as they were kings . . all the instances that augustine bringeth to prove that the king is a mixt person , proveth nothing but civill acts in kings ; as hezekiah cast down the high places , the king of nineve compelled to obey the prophet ionah ; darius cast daniels enemies to the lyons . p. prelate . if you make two soveraignes , and two independents , there is no more peace in the state , then in rebeckahs wombe , while jacob and esau strove for the prerogative . ans . . what need israel strive , when moses and aaron are two independents ? if aaron make a golden calfe , may not moses punish him ? if moses turne an achab , and sell himselfe to doe wickedly , ought not valiant priests and aarons both rebuke , censure , and resist ? . p. . the p. p. said , let no man imagine we priviledge the king from the direction and power of the church , so he be no intruding vzzah . i pray , p. p. what is this church power ? is it not supreme in its kinde of church power ? or is it subordinate to the king ? if it be supreme , see how p. p. maketh two supremes , and two soveraignes . if it be subordinate to the king , as he is a mixt person , the king is priviledged from this power , and he may intrude as vzzah ; and by his prerogative , as a mixed person , he may say masse , and offer a sacrifice , if there be no power above his prerogative to curbe him . if there be none , the p. p. his imagination is reall , the king is priviledged from all church power . let the p. p. see to it ; i see no inconvenience for reciprocations of subjections in two supremes ; and that they may mutually censure and judge one another . object . not in the same cause ; that is impossible . if the king say masse , shall the church judge and censure the king for intrusion ? and because the king is also soveraigne and supreme in his kinde , he may judge and punish the church for their act of judging and censuring the king ; it being an intrusion on his prerogative , that any should judge the highest judge . ans . the one is not subiect to the other , but in the case of male-administration : the innocent , as innocent , is subject to no higher punishing ; he may be subject to a higher , as accusing , citing , &c. now the royalist must give instance in the same cause , where the church faileth against the king and his civill law ; and the king in the same cause faileth against the church-canon ; and then it shall be easie to answer . p. prelate . religion is the bottome of all happinesse , if you make the king only to execute what a presbyterie commandeth , he is in a hard case , and you take from him the chiefest in government . ecclesiasticall power hath the soule in subjection ; the civill soveraigntie holdeth a dead dominion ever the body . then the pope and presbyterie shall be in better condition then the king. cic. in ver. omnes religione moventur : superstition is furious , and maddeth people , that they spare neither crown nor mitre . ans . cold and dry is the p. p. when he spendeth foure pages in declamation for the excellencie of religion ; the madnesse of superstition , nothing to the purpose . . the king hath a chiefe hand in church affaires , when he is a nurse-father , and beareth the royall sword to defend both the tables of the law , though he doe not spin and weave surplices , and other base masse-cloaths , to prelates , and such priests of baal : they dishonour his majestie , who bring his prerogative so low . . the king doth not execute with blind obedience , with us , what the pope commandeth , and the prelates ; but with light of knowledge what synods discernes : and he is no more made the servant of the church by this , then the king of iudah , and nebuchadnezzar are servants to ieremiah and daniel , because they are to obey the word of the lord in their mouth . let them shew a reason of this , why they are servants in executing gods will in discipline , and in punishing what the holy ghost by his apostles and elders decree , when any contemne the decree concerning the abstinence from blood , things strangled , &c. act. . rather then when they punish murther , idolatrie , blasphemie , which are condemned in the word preached by pastors of christ : and farther , this objection would have some more colour ( realitie it hath not ) if kings were only to execute what the church ministerially in christs name , commandeth to be done in synods : but kings may , and doe command synods to conveen , and doe their duty , and command many duties never synodically decreed ; as they are to cast out of their court apostare prelates , sleeping many yeares in the devils armes , and are to command trencher-divines , neglecting their flock , and lying at court , attending the falling of a dead bishop , as ravens doe an old dying horse ; to goe and attend the flock , and not the court , as this p. p. did . . a king hath greater outward glory , and may doe much more service to christ in respect of extension , and is excellenter then the pastor , who yet , in regard of intension , is busied about nobler things , to wit , the soule , the gospel , eternitie , than the king. . superstition maddeth men ; but it followeth not , that true religion may not set them on work to defend soule and body against tyrannie of the crown , and antichristian mitres . p. prelate . the kingdome had peace , and plentie in prelates time . ans . a belly-argument . we had plenty , when we sacrificed to the queen of heaven . . if the traveller contend to have his purse againe , shall the robber say , robberie was blessed with peace ? the rest , to the end , are lies , and answered already . only his invectives against ruling elders , falsly called lay-elders , are not to purpose . parliament-priests , and lay and court-pastors , are lay-prophets . . that presbyteries ▪ meddle with civill businesse , is a slander ; they meddle with publike scandals that offendeth in christs kingdome . but the prelate , by office , was more in two elements , in church and state , then any frogs even in the kings leaven-tubs ordinarily . . something he saith of popes usurping over kings ; but only of one of his fathers , a great uncleane spirit , gregorie the great : but if he had refuted him by gods word , he should have thrown stones at his own tribe ; for prelates , like him , doe , ex officio , trample upon the neck of kings . . his testimonies of one councell , and one father , for all antiquitie , proveth nothing . athanasius said , god hath given davids throne to kings : what , to be head of the church ? no , to be the minister of god , without 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to tutour the church . and because kings reigne by christ , as the councell of arimin saith ; therefore it may follow , a baily is also head of the church . it is taken from prov. . and answered . . that presbyteries have usurped upon kings , more then popes , since hildebrand , is a lie : all stories are full of the usurpation of prelates , his own tribe ; the pope is but a swelled fat prelate ; and what he saith of popes , he saith of his own house . . the ministers of christ in scotland , had never a contest with king iames , but for his sinnes , and his conniving with papists , and his introducing bishops , the usher of the pope . quest . xliii . whether the king of scotland be an absolute prince , having prerogatives above parliament and laws ? the negative is asserted by the lawes of scotland , the kings oath of coronation , the confession of faith &c. the negative part of this , i hold , in these assertions . assert . . the kings of scotland have not any prerogative distinct from supremacie above the lawes . . if the people must be governed by no lawes , but by the kings own lawes , that is , the lawes and statutes of the realme acted in parliament , under paine of disobedience ; then must the king governe by no other lawes , and so by no prerogative above law. but the former is an evident truth , by our acts of parliament ; ergo , so is the latter . the proposition is confirmed ; . because what ever law enjoyneth passive obedience no way but by lawes ; that must injoyne also the king actively to command no other way but by law : for to be governed by law , essentially includeth , to be governed by the supreme governour , only by law. . an act of regall governing , is an act of law , and essentially an act of law ; an act of absolute prerogative is no act of law , but an act above law , or of pleasure loosed from law ; and so they are opposed as acts of law , and non-acts of law. if the subjects , by command of the king and parliament , cannot be governed but by law ; how can the king but be under his own , and the parliaments law , to governe only by law ? i prove the assumption from parl. . of k. iames the . act . ordaines , that all and sundry the kings lieges be governed under the kings laws and statutes of the realme allanerly , and under no particular lawes , or speciall priviledges , nor by any lawes of other countries or realmes . priviledges doe exclude lawes : absolute pleasure of the king , as a man , and the law of the king as king , are opposed by way of contradiction : and so in parl. . k. james . act. . and ratified parl. . k. iames . act. . . the king , at his coronation , par. k. james . act. . sweareth to maintaine the true kirk of god , and religion now presently professed , in puritie ; and to rule the people according to the lawes and constitutions received in the realme ; causing justice and equitie to be ministred without partialitie . this did king charles sweare at his coronation , and ratified parl. . k. iam. . act. . hence he who by the oath of god is limited to governe by law , can have no prerogative above the law. if then the king change the religion , confession of faith , authorised by many parliaments , especially by parliament , k. charles , an. . he goeth against his oath . the kings royall prerogative , or rather supremacie , enacted parl. . k. james . act. . and parl. . act. . and parl. . act. . k. iames , and parl. k. charles , act. . cannot , . be contrary to the oath that k. charles did sweare at his coronation , which bringeth down the prerogative , to governing according to the standing lawes of the realme . . it cannot be contrary to these former parliaments and acts , declaring that the lieges are to be governed by the lawes of the realme , and by no particular lawes and speciall priviledges : ( but absolute prerogative is a speciall priviledge above , or without law ) which acts stand unrepealed to this day : and these acts of parliaments stand ratified , an. . the parl. k. charles . . parl. . k. iames . in the first three acts thereof , the kings supremacie , and the power and authoritie of parliaments , are equally ratified , under the same paine : their jurisdictions , power and judgements in spirituall or temporall causes , not ratified by his majestie , and the three estates conveened in parliament , are discharged . but the absolute prerogative of the king above law , equity , and iustice , was never ratified in any parliament of scotland to this day . . parliam . . k. iames . act. . all former acts in favour of the true church and religion , being ratified , their power of making constitutions concerning 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 order and decency ; the priviledges that god hath given to spirituall office-bearers , as well of doctrine and discipline , in matters of heresie , excommunication , collation , deprivation , and such like , warranted by the word of god , and also to assembles and presbyteries , are ratified . now in that parliament , in acts so contiguous , we are not to think , that the king and three estates , would make acts for establishing the churches power in all the former heads of government ; in which , royalists say , the soul of the kings absolute prerogative doth consist : and therefore it must be the true intent of our parliament , to give the king a supremacy and a prerogative royall ( which we also give ) but without any absolutenesse of boundlesse and transcendent power above law ; and not to obtrude a service-book , and all the superstitious rites of the church of rome , without gods word , upon us . . the former act of parliament ratifieth the true religion , according to the word of god , then could it never have been the intent of our parliament , to ratifie an absolute supremacy , according to which , a king might govern his people , as a tyrannous lion , contrary to deut. . , , . and 't is true : the . p. of king james . act. . and act. . upon personall qualifications , giveth a royall prerogative to king james over all causes , persons , and estates , within his majesties dominion ; whom they humbly acknowledge , to be soveraign monarch , absolute prince , judge , and governour over all estates , persons , and causes . these two acts , for my part i acknowledge , spoken rather in court-expressions , then in law-termes . . because personall vertues cannot advance a limited prince ( such as the kings of scotland , post hominum memoriam , ever were ) to be an absolute prince : personall graces make not david absolutely supreme judge over all persons and causes ; nor can king james , advanced to be king of england , be for that , made more king of scotland , and more supreme iudge , then he was , while he was onely king of scotland . a wicked prince is as essentially supreme iudge , as a godly king. . if this parliamentary figure of speech which is to be imputed to the times , exalted king james to be absolute in scotland , for his personall indowments , there was no ground to put the same on king charls . personall vertues are not alway hereditary , though to me the present king be the best . . there is not any absolutenesse above law in the act. . the parliament must be more absolute themselves . king james . had been divers yeers before this . parl. king of scotland ; then if they gave him by law an absolutenesse , which he had not before , then they were more absolute . these who can adde absolutenesse , must have it in themselves , nemo dat quod non habet , if it be said , king james had that before the act , the parliament legally declared it to be his power , which before the declaration , was his power . i answer , all he had before this declaration was , to govern the people according to law and conscience , and no more ; and if they declare no other prerogative royall to be due to him , there is an end , we grant all . but then this which they call prerogative royall is no more , then , a power to govern according to law , and so you adde nothing to king james , upon the ground of his personall vertues , onely you make an oration to his praise in the acts of parliament . . if this absolutenesse of prerogative , be given to the king , the subjects swearing obedience , swear , that he hath power from themselves , to destroy themselves : this is neither a lawfull oath , nor though they should swear it , doth it oblige them . . a supreme iudge , is a supreme father of all his children , and all their causes ; and to be a supreme father , cannot be contrary to a supreme iudge : but contrary it must be , if this supremacy make over to the prince , a power of devouring as a lyon , and that by a regall priviledge , and by office , whereas he should be a father to save ; or if a iudge kill an ill-doer , though that be an act destructive to one man , yet is it an act of a father to the common-wealth . an act of supreme and absolute royaltie is often an act of destruction to one particular man , and to the whole common-wealth . for example , when the king out of his absolute prerogative , pardoneth a murtherer , and he killeth another innocent man , and out of the same ground , the king pardoneth him again , and so till he kill twenty ( for by what reason the prerogative giveth one pardon , he may give twenty , there is a like reason above law for all . ) this act of absolute royaltie , is such an act of murther , as if a shepherd would keep a woolf in the fold with the sheep , he were guilty of the losse of these sheep . now an act of destroying , cannot be an act of judging , far lesse of a supreme iudge , but of a supreme murtherer ; . whereas he is called absolute prince , and supreme judge , in all causes , ecclesiasticall and civill . it is to be considered , . that the estates professe in these acts , not to give any new prerogative , but onely to continue the old power , and that onely with that amplitude , and freedom , which the king and his predecessors did enjoy and exerce of before : the extent whereof , is best known from the acts of parliament , histories of the time , and the oaths of the kings of scotland . . that he is called absolute prince , not in any relation of freedom , from law , or prerogative above law ; whereunto as unto the norma , regula , ac mensura potestatis suae , ac subjectionis meae , he is tyed by the fundamentall law , and his own oath , but in opposition to all forraign iurisdiction or principalitie above him , as is evident , by the oath of supremacie set down , for acknowledging of his power in the first act of parliament . k. iam. . . they are but the same expressions , giving onely the same power before acknowledged in the . act. parl. . k. iam. . and that onely over persons or estates , considered separatim , and over causes ; but neither at all over the laws , nor over the estates , taken conjunctim , and as convened in parliament , as is clear , both by the two immediately subsequent acts of that parliament . k. iam. . establishing the authority of parliaments , equally with the kings , and discharging all iurisdictions ( albeit granted by the king ) without their warrant ; as also by the narrative depositive words , and certification of the act it self : otherwayes , the estates convened in parliament , might by vertue of that act , be summoned before , and censured by the kings majestie or his councell a iudicatory substitute be , subordinate to , and censurable by themselves , which were contrary to sense and reason . . the very termes of supreme iudge , and in all causes , according to the nature of correlates , presupposeth courts , and judiciall proceedings and laws , as the ground work and rule of all , not a freedom from them . . the sixth act of the twenty parliament , k. iac. . cleerly interpreteth what is meant by the kings iurisdiction in all spirituall and ecclesiastick causes : to wit , to be onely in the consistoriall causes of matrimony , testaments , bastardy ▪ adulteries , abusively called spirituall causes , because handled in commissary courts , wherin the king appoints the commissary , his deputies , and makes the lords of the session his great consistory in all ecclesiasticall causes , with reservation of his supremacy and prerogative therein . . supreame iudge in all causes , cannot be taken quoad actus elicitos , as if the king were to judge between two sea-men , or two husband-men , or two trades-men , in that which is proper to their art ; or between two painters : certainly the king is not to iudge which of the two draweth the fairest picture , but which of the two wasteth most gold on his picture , and so doth interest most of the common-wealth . so the king cannot judge in all ecclesiasticall causes , that is , he cannot , quoad actos elicitos , prescribe this worship : for example , the masse , not the sacrament of the lords supper . therefore the king hath but actus imperatos , some royall politicall acts about the worship of god to command god to be worshipped according to his word , to punish the superstitions or neglectors of divine worship ; therefore cannot the king be sole iudge in matters that belong to the colledge of iudges by the lawes of scotland , the lords of session onely may judge these maters . k. iames , . parl. . act. . k. iames . par. . act. . k. iames . par. . act. . k. i. . parl. . act. . k. i. . par. act. . k. i. . par. . act. . and that only according to law , without any remedy of appellation to king or the parliament , act , and . par. . k. i. . and the king is by act of parliament inhibited to send any private letter to stay the acts of iustice ; or if any such letter be procured , the iudges are not to acknowledge it , as the kings will , for they are to proceed unpartially according to iustice , and are to make the law , which is the king and parliaments publick revealed will , their rule , king i. . parl. . act. . k. ia. . part. . act. . and k. i. . par. . act. . most lawfull . nor may the lords suspend the course of iustice , or the sentence or execution of decrees upon the kings private letter . king i. . parl. . act . and k. iam. . par. . act . and so if the kings will or desire , as he is a man , be opposite to his law , and his will as king , it is not to be regarded . this is a strong argument , that the parliaments never made the king supreame iudge , quoad actus elicitos , in all causes , nay not if the king have a cause of his owne that concerneth lands of the crowne ; farre lesse can the king have a will of prerogative above the law by our lawes of scotland : and therefore , when in the eighth parliament king ia. . the kings royall power is established in the first act , the very next act immediatly subjoyned thereunto declareth the authority of thesupreame court of parliament continued past all memory of man unto this day , and constitute of the free voices of the three estates of this ancient kingdome , which in the parliament . is called , the ancient and fundamentall policy of this kingdome ; and so fundamentall , as if it should be innovate , such confusion would ensue , as it could no more be a free monarchy , as is exprest in the parliaments printed commission , . by whom the same under god hath been upholden , rebellious and traiterous subjects punished , the good and faithfull preserved and maintained , and the lawes and acts of parliament ( by which all men are governed ) made and established , and appointeth the honour , authority , and dignity of the estates of parliament to stand in their owne integrity , according to the ancient and laudable custome by past , without alteration or diminution , and therefore dischargeth any to presume or take in hand , to impugne the dignity , and the authority of the said estates , or to seeke , or procure the innovation , or diminution of their power or authority under the paine of treason : and therefore in the next act , they discharge all iurisdictions , or judicatories ( albeit appointed by the kings majesty , as the high commission was , ) without their warrant and approbation ; and that as contrary to the fundamentall laws , above titled , . act. parl. . k. ia. . and act. . parl. . king ia. . whereby the lieges should only be ruled by the lawes or acts , past in the parliament of this kingdome . now what was the ancient dignity , authority , and power of the parliaments of scotland , which is to stand without diminution , that will be easily and best known from the subsequent passages , or historians , which can also be very easily verified , by the old registers , whensoever they should be produced ; in the meane time remember that in parliament and by act of parl. k. ia. . for observing the due order of parliament , promiseth , never to doe , or command any thing , which may directly or indirectly prejudge the libertie of free reasoning or voting of parliament . k. ia. . parl. . act. . and withall , to evidence the freedome of the parliament of scotland , from that absolute unlimited prerogative of the prince ; and their libertie to resist his breaking of covenant with them , or treaties with forraigne nations ; ye shall consider , . that the kings of scotland are obliged , before they be inaugurate , to sweare and make their faithfull covenant to the true kirk of god , that they shall maintaine , defend , and set forward the true religion confessed and established within this realme ; even as they are obliged and astricted by the law of god , as well in deuteronomie , as in the chap. of the . book of the kings ; and as they crave obedience of their subjects . so that the bond and contract shall be mutuall and reciprocall , in all time comming , between the prince and the people , according to the word of god ; as is fully exprest in the register of the convention of estates , iuly . . that important acts and sentences at home , ( whereof one is printed , act. parl. . k. ia. . ) and in treaties with forraigne princes , the estates of parliament did append their severall seales with the kings great seale , ( which to grotius , barclaius , and a●nisaeus , is an undeniable argument of a limited prince , as well as the stile of our parliament , that the estates with the king , ordaine , ratifie , rescind , &c. ) as also they were obliged , in case of the kings breaking these treaties , to resist him therein , even by armes , and that without any breach of their allegiance , or of his prerogative ; as is yet extant in the records of our old treaties with england and france , &c. but to goe on , and leave some high mysteries unto a rejoynder . and to the end i may make good , that nothing is here taught , in this treatise , but the very doctrine of the church of scotland , i desire that the reader may take notice of the larger confession of the church of scotland , printed with the syntagme and body of the confessions , at geneva , anno mdcxii . and authorized by king iames the . and the three estates in parliament ; and printed in our acts of parliament , parl. . k. iames . an. . amongst good works of the second table , saith our confession , art . . are these : to honour father , mother , princes , rulers , and superiour powers : to love them , to support them , yea to obey their charge , ( not repugning to the commandement of god ) to save the lives of innocents , to represse tyrannie , to defend the oppressed , to keep our bodies cleane and holy , &c. the contrary whereof is , to disobey or resist any that god hath placed in authoritie , ( while they passe not over the bounds of their office ) to murther , or to consent thereunto , to beare hatred , or to let innocent blood be shed , if we may withstand it , &c. now the confession citeth in the margin , ephes . . . . and ezek. . , , , , &c. where it is evident , by the name of father and mother , all inferious iudges as well as the king , and especially the princes , rulers , and lords of parliament are understood . . ezek. . the bloody city is to be judged , because they releeved not the oppressed out of the hand of bloody princes , v. . who every one of them were to their power to shed innocent blood . . to resist superiour powers , and so the estates of parliament , as the cavalters of scotland doe , is resistance forbidden , romans ● . . the place is also cited in the confession . and the confession exponeth the place , romans . according to the interpretation of all sound expositers ; as is evident in these words , art. . and therefore we confesse and avouch , that such as resist the supreame power , doing that thing which appertaineth to his charge , doe resist gods ordinance , and therefore cannot be guiltlesse . and further we affirme , that whosoever denyeth unto them aide , their counsell and comfort , while as the princes and rulers vigilantly travell in execution of their office , that the same men deny their helpe , support and counsell to god , who by the presence of his lieutenant craves it of them . from which words we have cleare : . that to resist the king or parliament , is to resist them , while as they are doing the thing that appertaineth to their charge , and while they vigilantly travell in the execution of their office . but while king and parliament doe acts of tyranny against gods law , and all good lawes of men , they doe not the things that appertaine to their charge and the execution of their office ; ergo by our confession , to resist them in tyrannicall acts is , not to resist the ordinance of god. . to resist princes and rulers , and so inferious iudges , and to deny them counsell and comfort , is to deny helpe , counsell , and comfort to god. let then cavaliers , and such as refuse to helpe the princes of the land against papists , prelates , and malignants know , that they resist gods ordinance , which rebellion they unjustly impute to us . . whereas it is added in our confession , that god by the presence of his lieutenant craveth support and counsell of the people . it is not so to be taken , as if then only we are to ayde and helpe inferiour iudges and parliaments , when the king personally requireth it , and not other waies . . because the king requireth helpe , when by his office he is obliged to require our helpe and counsell against papists and malignants , though as misled , he should command the contrary : so if the law require our helpe , the king requireth it ex officio . . this should expresly contradict our confession , if none were obliged to give helpe and counsell to the parliament and estates , except the king in his own person should require it , because art. . it is expresly said , that to save the lives of innocents , or represse tyranny , to defend the oppressed , — not to suffer innocent blood to be shed ; or workes pleasing to god , which he rewardeth . now we are not to thinke in reason , if the king shall be induced by wicked counsell , to doe tyrannicall workes , and to raise papists in armes against protestants , that god doth by him as by his lieutenant , require our helpe , comfort and counsell , in assisting the king in acts of tyranny , and in oppression , and in shedding innocent blood ; yea our confession tyeth us to deny helpe and comfort to the king in these wicked acts , and therefore our helpe must be in the things that pertaineth to his royall office , and duty only ; otherwise we are to represse all tyranny , art . to save the lives of innocents , to represse tyranny , to defend the oppressed , are by our confession good workes , well pleasing to god , and so is this a good worke , not to suffer innocent blood to be shed , if we ●ay withstand it . hence it is cleare as the sunne , that our confession according to the word of god , to which king charles did sweare at his coronation , doth oblige and tye us in the presence of god , and his holy angels to rise in armes , to save the innocent , to represse tyranny , to defend the oppressed . when the king induced by ill counsell sent armies by sea and land , to kill and destroy the whole kingdome who should refuse such a service-booke , as they could not in conscience receive , except they would disobey god , renounce the confession of faith , which the king and they had sworne unto , and prove perfidious apostates to christ and his church , what could we doe , and that the same confession , considering our bonds to our deare brethren in england , layeth bonds on us , to this as a good worke also , not to suffer their innocent blood to be shed , but to defend them ; when they against all law of god , of men , of state , of nations , are destroyed and killed . for my part , i judge , it had been a guiltinesse of blood upon scotland , if we had not helped them , and risen in armes to defend our selves , and our innocent brethren against bloody cavaliers . adde to this what is in the . article of the same confession . we confesse — whosoever goeth about to take away , or to confound the whole state of civill polity ▪ now lon● established ; we affirme the same men , not only to be enemies to mankind , but also wickedly to fight against gods will. but these who have taken armes against the estates of scotland , and the princes and rulers of the land , have laboured to take away parliaments , and the fundamentall lawes of this kingdome , ergo &c. the confession addeth , . we farther confesse and acknowledge , that such persons as are placed in authority , are to be loved , honoured , feared , and holden in most reverent estimation ; because that they are lieutenants of god , in whose sessions god himselfe doth sit and iudge : yea even the iudges and princes themselves , to whom by god is given the sword , to the praise and defence of good men , and to revenge and punish all open malefactors . ergo the parliament , and princes , and rulers of the land are gods lieutenants on earth , no lesse then the king by our confession of faith , and those who resist them , resist the ordinance of god. royalists say , they are but the deputies of the king , and when they doe contrary to his royall will , they may be resisted , yea and killed , for in so farre they are private men , though they are to be honoured as iudges , when they act according to the kings will whose deputies they are ▪ but i answer ▪ . it is a wonder that inferiour judges should be formally iudges , in so far as they act conforme to the will of a mortall king , and not in so far as they act conforme to the will of the king of kings , seeing the judgement they execute is the king of kings , and not the iudgement of a mortall king , chro. . . . royalists cannot indure the former distinction as it is applyed to the king , but they receive it with both hands , as it is applyed to inferiour iudges ; and yet certaine it is , that it is as ordinary for a king being a sinfull man , to act sometimes as the lieutenant of god , and sometimes as an erring and misinformed man , no lesse then the inferiour iudge acteth sometimes according to the kings will and law , and sometimes according to his owne private way ; and if we are to obey the inferiour iudge as the deputy of the king , what shall become of his person , when cavaliers may kill him at some edge-hill ? for so they mock this distinction , as applyed to the king in regard of his person , and of his royall office ; and for this point our confession citeth in the margin . rom. . . pet. . . psal . . . which places doe clearely prove : . that inferiour magistrates are : . gods ordinances . . gods on earth , psal . . . such as beare the lords sword . . that they are not only ( as the confession saith ) appointed for civill policie , but also for maintenance of true religion , and for suppressing of idolatrie and superstition . then it is evident , to resist inferior magistrates , is to resist god himselfe , and to labour to throw the sword out of gods hands . , our confession useth the same scriptures cited by junius brutus , to wit , ezek. . , , , , , , . and ier. . . where we are , no lesse then the iewes , commanded to execute judgement and righteousnesse , and deliver the spoyled out of the hands of the oppressour . for both the law of god , and the civill law saith , qui non impedit homicidium , quum potest , is homicidii reus est . i will cast in a word of other confessions , lest we seeme to be iesuites alone . the confession of helvetia saith , c. . de magistratu . — viduas , pupillos , afflictos asserat : every magistrate is to defend the widow , the orphan , and the oppressed . the french confession saith , art . . affirmamus ergo parendumesse legibus & statutis , solvenda tributa , subjectionis denique jugum voluntariè tolerandum , etiamsi infideles fuerint magistratus , dummodo dei summum imperium integrum & illibatum maneat . so cleare it is , that all active obedience , is due to all magistrates , and that that yoake of passive obedience is to be tolerated , but conditionally , with a dummodo , so as the magistrate violate not the supreme commandement of the king of kings . and we know accordingly , protestants of that church have taken defensive armes against their king. but our p. prelate can say , the confessions of scotland , helvetia , france , and all the reformed churches , are jesuiticall : when as it was the doctrine of the waldenses , protestants , and luther , calvin and others , while as there was no iesuite on earth . the . art. of the church of englands confession , is so far from erecting an absolute power in the king , that they expresly bring down the royall prerogative from the high seat and transcendent superlative power above the law ; and expone the prerogative to be nothing but meere law-power . we only ( say they ) ascribe that prerogative to the king , which the scripture doth ascribe to all godly princes , that is , that they cause all committed to their trust , whether ecclesiasticall or civill persons , doe their duty ; and punish with the civill sword , all disobedient offenders . in syntag . confess . and this they say in answer to some , who beleeved , the church of england made the king the head of the church . the prelates convocation must be iesuites to this p. p. also . so the . article of the belgick confession , saith of all magistrates , no lesse then of a king , ( we know , for tyrannie of soule and body , they justly revolted from their king. ) idcirco magistratus ipsos gladio armavit , ut malos quidem plectant paenis , probos vero tueantur . horum porro est , non modo de civili politia conservanda esse solioit●s , verum etiam dare operam ut sacrum ministerium conservetur , omnis idololatria & adulterinus dei cultus è medio tollatur , regnum antichristi diruatur , &c. then all magistrates , though inferiour , must doe their duty , that the law of god hath laid on them , though the king forbid them . but by the belgick confession , and the scripture , it is their duty to relieve the oppressed , to use the sword against murthering papists , and irish rebels , and destroying cavaliers . for , shall it be a good plea in the day of christ , to say , lord iesus , we would have used thy sword against bloody murtherers , if thy anoynted , the king , had not commanded us to obey a mortall king rather than the king of ages ; and to execute no judgement for the oppressed , because he judged them faithfull catholike subjects . let all oxford , and cavalier doctors in the three kingdomes , satisfie the consciences of men in this , that inferior iudges are to obey a diviue law , with a proviso , that the king command them so to doe ; and otherwise they are to obey men rather then god. this is evidently holden forth in the argentine confession , exhibited by foure cities to the emperour charles the fifth , an. m. d. xxx . in the same very cause of innocent defence , that we are now in , in the three kingdomes of scotland , england , and ireland . the saxonick confession , exhibited to the councell of trent , an. m. d. li. art . ▪ maketh the magistrates office essentially to consist in keeping of the two tables of gods law : and so what can follow hence , but in so far as he defendeth murtherers : or if he be a king , and shall with the sword , or armies , impede inferior magistrates ( for the confession speaketh of all ) to defend gods law , and true religion , against papists , murtherers , and bloody cavaliers ; and hinder them to execute the judgement of the lord against evill doers : he is not , in that , a magistrate ; and the denying of obedience active or passive to him , in that , is no resistance to the ordinance of god : but by the contrary , the king himselfe must resist the ordinance of god. the confession of bohemia is clear , art . . qui publico munere magistratuque funguntur , quemcunque gradū teneant , se non suum , sed dei opus agere sciant . hence all inferior , or the supreme magistrate , what ever be their place , they doe not their own work , nor the work of the king , but the work of god , in the use of the sword , ergo , they are to use the sword against bloody cavaliers , as doing gods worke : suppose the king should forbid them to doe gods worke . and it saith of all magistrates : sunt autem magistratuum partes ac munus , omnibus ex aequo jus dicere , in communem omnium usum , sine personarum acceptatione , pacem ac tranquilitatem publicam tueri ac procurare de malis ac facinorosis , hanc inter turbantibus poenas sumere , aliosque omnes ab eorum vi & injuria vindicare . now this confession was the faith of the barons and nobles of bohemia , who were magistrates , and exhibited to the emperor , an. . in the cause not unlike unto ours now : and the emperor was their soveraigne : yet they professe they are obliged in conscience to defend all under them from all violence and injuries , that the emperor , or any other could bring on them ; and that this is their office before god , which they are obliged to performe as a worke of god : and the christian magistrate is not to doe that worke , which is not his own , but gods , upon condition that the king shall not inhibite him . what if the king shall inhibite parliaments , princes and rulers , to relieve the oppressed , to defend the orphan , the widow , the stranger , from unjust violence ? shall they obey man rather than god ? to say no more of this : prelates , in scotland , did what they could to hinder his majestie to indict a parliament . . when it was indicted , to have its freedome destroyed by prelimitations . . when it was sitting , their care was to divide , impede , and anull the course of iustice . . all in the p. prelates booke tendeth to abolish parliaments , and to enervate their power . . there were many wayes used to break up parliaments in england ; and to command iudges not to judge at all , but to interrupt the course of iustice , is all one as to command unrighteous judgement , ier. . v. . . many wayes have been used by cavaliers , to cut off parliaments , and the present parliament in england . the paper found in william lauds studie , touching feares and hopes of the parliament of england , evidenceth that cavaliers hate the supreme seat of iustice , and would it were not in the world ; which is the highest rebellion and resistance made against superior powers . . he feareth , this parliament shall begin where the last left . ans . what ever ungrate courtier had hand in the death of king iames , deserved to come under tryall . . he feareth they sacrifice some man. ans . if parliaments have not power to cut off rebels , and corrupt iudges , the root of their being is undone . . if they be lawfull courts , none needeth feare them , but the guilty . . he feareth their consultations be long , and the supply must be present . ans . then cavaliers intend parliaments for subsidies to the king , to foment , and promote the warre against scotland , not for iustice . . he that feareth long and serious consultations , to rip up and launce the wounds of church and state , is affraid that the wounds be cured . . he feareth they deny subsidies , which are due by the law of god , nature , and nations , whereas parliaments have but their deliberation and consent for the manner of giving , otherwise this is to sell subsidies , not to give them . ans . tribute , and the standing revenues of the king , are due by the law of god and nations ; but subsidies are occasionall rents , given upon occasion of warre , or some extraordinary necessity ; and they are not given to the king as tribute , and standing revenues , which the king may bestow for his house , family , and royall honour , but they are given by the kingdome , rather to the kingdome , then to the king for the present warre , or some other necessity of the kingdome , and therefore are not due to the king as king , by any law of nature or nations , and so should not be given but by deliberation and judiciall sentence of the states ; and they are not sold to the king , but given out by the kingdome , by statute of parliament , to be bestowed on the kingdome , and the king should sell no acts of justice for subsidies . . he dare not speake of the consequences , if the king grant bills of grace , and part with the flowers of the crowne . ans . he dare not say , the people shall vindicate their liberty by selling subsidies , to buy branches of the prerogative royall , and diminishing the kings fancied absolutenesse : so would prelates have the king absolute , that they may ride over the soules , purses , persons , estates , and religion of men upon the horse of pretended absolutenesse . . he feareth the parliament sall upon church businesse ; but . the church is too weake already ▪ if it had more power , the king might have more , both obedience and service . . the houses can be no competent iudges in point of doctrine . . for the king , clergy , and convocation are iudges in all causes ecclesiasticall . ans . . this striketh at the root of all parliamentary power , . the p. p. giveth them but a poore deliberative power in subsides , and that is , to make the kings will a law , in taking all the subjects goods from them , to foment warre against the subjects . . he taketh all jurisdiction from them over persons , though they were as black traitors as breathe . . and spoileth them of all power in church matters , to make all iudges , yea and the king himselfe yield blind obedience to the pope and prelate , and their illuminated clergie . sure i am , p. maxwell imputeth this , but most unjustly , to presbyteries . what essentiall and fundamentall priviledges are left to parliaments ? david , and the parliament of israel are impertinent iudges in the matter of bringing home the ark of god. and for the churches weaknesse , that is , the weaknesse of the damned prelates , shall this be the kings weaknesse ? yes , the p. p. must make it true , no bishop , no king. . he feareth , factious spirits will take heart to themselves , if the king yield to them without any submission of theirs . ans . the princes and iudges of the land are a company of factious men , and so no parliament , no court , but at best some good advisers of a king to breake up the parliament , because they refuse subsidies , that he may by a lawlesse way extort subsidies . . he desireth the parliament may sit a short time , that they may not well understand one another . ans . he loveth short , or no justice from the parliament , he feareth they reforme gods house , and execute justice on men like himselfe . but i returne to the scotish parliament . assert . . the parliament is to regulate the power of the king. the heritable sheriffes complaine , that the king granteth commissions to others , in cases perteining to their office . whereupon , the estates , par. . k. iam. . act. . dischargeth all such commissions , as also appointeth that all murtherers be judged by the iustice generall only . and in severall acts the king is inhibited to grant pardons to malefactors . k. ia. . act. . p. . it is to be considered , that king iames in his baslicon doron , layeth down an unsound ground , that fergus the first father of kings of scotland , conquered this kingdom . the contrary whereof is asserted by fordome , major , boethius , buchannan , hollanshed ; who run all upon this principle , that the estates of the kingdome did . choose a monarchie , and freely , and no other government . . that they freely elected fergus to be their king. . king fergus frequently conveened the parliament , called , insulanorum duces , tribuum rectores , majorum consessus , conventus ordinum , conventus statuum , communitatum regni , phylarchi , primores , principes , patres , and as hollanshed saith , they made fergus king , therefore a parliament must be before the king ; yea and after the death of king fergus , philarchi coeunt conci●ne advocatâ , the estates convened without any king , and made that fundamentall law regni electivi , that when the kings children were minores , any of the fergusian race might be chosen to reigne : and this indured to the daies of kennethus : and redotha , re● . . resigneth and maketh over the government into the hands of the parliament , and philarchi & tribuum gubernatores ordained therius the . king. buchanan , l. . rer. scot. calleth him reutha , and said he did this , populo egrè permittente , then the royall power recurred to the fountaine . therius the . a wicked man , filled the kingdome with roberies fearing that the parliament should punish him , fled to the britaines , and thereupon the parliament choose connanus to be protex , and protector of the kingdome . finnanus r. . decreed ; ne quid reges , quod majoris esset momenti , nisi de publici consilii authoritate juberent , & ne domestico consilio remp . administrarent , regia publicaque negotia non sine patrum consultatione ductuque tractarentur , nec bellum pacem aut faedera reges per se patrum , tribuumve , rectorum injussu facerent , demerentue . then it is cleare , that parliaments were consortes imperii , and had authority with , and above the king. when a law is made that the kings should doe nothing , injussu rectorum tribuum , without commandement of the parliament , a cabinet counsell was not lawfull to the kings of scotland . so durstus rex xi . sweareth to the parliament , se nihil nisi de primorum consilio acturum . that he shall doe nothing but by counsell of the rulers and heads of the kingdome . the parliament rejecting the lawfull sonne of corbredus the , king , because he was young , created dardanus the sonne of metellanus king , which is a great argument of the power of the scottish parliament of old for elective , rather then hereditary kings . corbredus secundus , called galdus , the , king , at his coronation renouncing all negative voices , did sweare , se majorum consiliis acquieturum , that he should be ruled by the parliament ; and it is said , leges quasdam tollere non potuit , adversante multitudine . lactatus r. . is censured by a parliament , quod spreto majorum consilio , he appointed base men to publick offices . mogaldus r. . ad consilia seniorum omnia ex prisco more rev●cavit , did all by the parliament , as the ancient custome was . conarus . k. was cast in prison by the parliament , quod non expectato decreto patrum , quod summae erat potestatis , privatis consiliis administrasset , because he did the weightiest businesse that concerned the kingdome , by private advice , without the judiciall ordinance of parliament , that was of greatest authority . where is the negative voice of the king here ? ethodius . the sonne of ethodius the . the . king. ( the parliament passing by his son of the first bed , because he was a child , had created satrael his brother king before ) a simple ignorant man , yet for reverence to the race of fergus , kept the name of a king , but the estates appointed tutors to him , he was the . king. nathalocus the . k. corrupting the nobles with buds and faire promises , obtained the crowne . romachus , fethelmachus , and angusianus , or as buchanan calleth him aenneannus , contended for the crowne , the parliament convened to judge the matter , was dissolved by tumult , and rommachus chosen king , doing all , non adhibito , de more , consilio majorum , was censured by the parliament . fergus the . was created king by the states , de more . constantine . k. a most wicked man , was punished by the states . aidanus . k. by the counsell of sanctus columba , governed all in peace , by three parliaments every yeare . ferchardus . k. and ferchardus . the . king , were both censured by parliaments . eugenius . k. a wicked prince , was put to death by the parliament , omnibus in ejus exitium , consentientibus . eugenius . the . k. was judicially accused , and absolved by the states , of killing his wife spondana . donaldus the . k. is censured by a parliament which convened pro salute reipublicae , for the good of the land. so ethus the . k. ne unius culpâ , regnum periret . gregorius the . k. sweareth to maintaine kirk and state in their liberties ; the oath is ordained to be sworne by all kings at their coronation . the estates complaine of duffus . k. because contemning the counsell of the nobles , sacrificulorum consiliis abduceretur , and that neither the nobility must depart the kingdome , or another king must be made . culenus the . king , was summoned before the estates , so before him constantine the . the . k. did by oath resigne the kingdome to the states , and entered in a monastery at saint andrewes . kenethus the . k. procured almost , per vim , saith buchanan , that the parliament should change the elective kings in hereditary ; observe the power of parliaments . after this grimus , and then macbethus , r. . is rebuked for governing by private counsell , in his time the king is ordained by the states , to sweare to maintaine the community of the kingdome . when maccolumbus the . king would have admitted a treaty to the hurt of the kingdome ; the nobles said , non jus esse regi , the king had no right to take any thing from the kingdome , nisi omnibus ordinibus consentientibus . in the time of alexander the . k. is ordained , acta regis oporteri confirmari decreto ordinum regni , quia ordinibus regni non consultis , aut adversantibus , nihil quod ad totius regnistatum attinet , regi agere liceret . so all our historians observe , by which it is cleare , that the parliament , not the king hath a negative voyce . the states answer to k. edwards legates concerning balzees conditions in his contest with bruce is , that these conditions were made a solo rege , by the king only , without the estates of the kingdome , and therefore they did not oblige the kingdome . in robert the bruce his raigne , the k. . the succession to the crowne is appointed by act of parliament , and twice changed ; and in the league with france , quod quando de successuro rege ambigeretur apud scotos , ea controversia ab ordinum de creto decideretur . robert the . k. in a parliament at scoone moved the states , to appoint the earle of carick his eldest sonne , of the second mariage to the crowne , passing his children of the first mariage ; and when he would have made a treatie , he was told , that he could not inducias facere nisi ex sententia conventus publici ; he could not make truces but with the consent of the estates of parliament . k. james the . could not doe any thing in his oath in england . the parliaments approbation of the battell at stirling against king iames the . is set downe in the printed acts , because he had not the consent of the states . to come to our first reformation , queene regent breaking her promise to the states , said , faith of promise should not be sought from princes ; the states answered , that they then were not obliged to obey , and suspended her government as inconsistent with the duty of princes , by the articles of pacification at leith , anno . iunii . no peace or warre can be without the states . in the parliament thereafter , anno . the nobility say frequently to the queene , regum scotorum limitatum esse imperium , nec unquam adunius libidinem , sed ad legum praescriptum & nobilitatis consensum regisolitum . so it is declared , parliament at stirling , . and parl. , concerning queene mary , i need not insist here . k. james the . anno . iul. . was crowned , the earle of morton and humne , jurarunt pro co , & ejus nomine , in leges , eum doctrinam & ritus religionis , quae tum docebantur , publice quoad posset , servaturum , & contrarios oppugnaturum . buch. rer. scot. hist . l. . the three estates revoke all alienations made by the king without consent of the parliament . parliam . k. iames , . cap. . k. iames , , , . three parliaments of k. iames the . are holden without any mention of the king , as anno . anno . anno . and the . and . act of parl. . the estates ordaine the king to doe such and such things , to ride through the country for doing of iustice . and parl. . k. iames . act. . the estates ordained the king to mend his money . but shew any parliament where ever the king doth prescribe lawes to the states , or censure the states . in the . parl. of k. iames the . the confession of faith being ratified , in acts made by the three estates , that the kings must sweare at their coronation . in the presence of the eternall god , that they shall maintaine the true religion , right preaching , and administration of the sacraments now received and preached within this realme : and shall abolish and gain-stand all false religions contrary to the same : and shall rule the people committed to their charge , according to the will of god , laudable lawes and constitutions of the realme , &c. the . parl. of k. iames the . . approveth the acts , parl. . conceived only in name of the states , without the king and queen , who had deserted the same . so saith the act , . . . . . and so this parliament , wanting the king and queenes authoritie , is confirmed , parl. . act. . k. ia. . and parl. . act. . and parl. . act. . in which it is declared , that they have been common lawes from their first date : and all are ratified , parl. . and parl. . act. . and stand ratified to this day , by k. charles his parliament , an. . the act of the assemblie , . commendeth that parliament , . as the most lawfull and free parliament that ever was in the kingdome . yea , even parl. . king charles himselfe being present , an act was passed upon the occasion of the kings illegall imprisoning of the laird of langtoune , that the king hath no power to imprison any member of the parliament , without consent of the parliament : which act , to the great prejudice of the libertie of the subject , should not have been left unprinted : for , by what law the king may imprison one member of the parliament , by that same reason he may imprison two , and twenty , and a hundreth : and so may he clap up the whole free estates ; and where shall then the highest court of the kingdome be ? all polititians say , the king is a limited prince , not absolute ; where the king giveth out lawes , not in his own name , but in the name of himselfe , and the estates judicially conveened . pag. . of the old acts of parliament , members are summoned to treat and conclude . the duty of parliaments , and their power , according to the laws of scotland , may be seen in the historie of knox , now printed at london , an. . in the nobles proceeding with the queen , who killed her husband , and maried bodwell , and was arraigned in parliament , and by a great part condemned to death , by many , to perpetuall imprisonment . king charles received not crown , sword , and scepter , while first he did sweare the oath , that king iames his father did sweare . . he was not crowned , till one of every one of the three estates came and offered to him the crown . . with an expresse condition of his duty , before he be crowned . after , king charles said , i will by gods assistance bestow my life for your defence , wishing to live no longer , then that i may see this kingdome flourish in happinesse . thereafter the king shewing himselfe on a stage to the people , the p. archbishop said ; sir , i doe present unto you , king charles , the right descended inheritor , the crown , and dignitie of this realme ; appointed by the peeres of the kingdome : and , are ye not willing to have him for your king , and become subject to him ? the king turning himselfe on the stage , to be seen of the people , they declare their willingnesse , by crying , god save king charles ! let the king live ! quest . xliv . generall results of the former doctrine , in some few corollaries , or straying questions , fallen off the road-way : answered briefly . quest . . whether all governments be but broken governments , and deviations from monarchie ? ] answ . it is denyed ; there is no lesse somewhat of gods authoritie in government , by many , or some of the choisest of the people , than in monarchie : nor can we judge any ordinance of man unlawfull : for we are to be subject to all , for the lords sake , pet. . . tit. . . tim. . , , . . though monarchie should seeme the rule of all other governments , in regard of resemblance of the supreme monarch of all : yet is it not the morall rule , from which , if other governments shall erre , they are to be judged sinfull deviations . quest . . whether is royaltie an immediate issue and spring of nature ? ] answ . no ; for man , fallen in sinne , knowing naturally he hath need of a law and a government , could have , by reason , devised governors , one or moe ; and the supervenient institution of god , comming upon this ordinance , doth more fully assure us , that god , for mans good , hath appointed governours : but if we consult with nature , many iudges and governors , to fallen nature , seeme nearer of blood , to nature , then one only : for two , because of mans weaknesse , are better then one . now nature seemeth , to me , not to teach , that one onely sinfull man should be the sole and onely ruler of a whole kingdome . god , in his word , ever joyned with the supreme ruler , many rulers , who , as touching the essence of a iudge , ( which is , to rule for god ) were all equally iudges : some reserved acts , or a longer cubite of power , in regard of extent , being due to the king. quest . . whether magistrates , as magistrates , be naturall ? ] answ . nature is considered , as whole and sinlesse , or as fallen and broken . in the former consideration , that either man should stand in need of any , to compell him with the sword to doe his duty , and not oppresse ; was no more naturall to man , than to stand in need of lictors and hangmen , or physitians for the body , which in this state was not in a capacitie of sicknesse or death : and so government by parents and husbands was only naturall , in the latter consideration . magistrates as magistrates , are two wayes considered ; . according to the knowledge of such an ordinance ; . according to the actuall erection of the practice of the office of magistrates . in the former notion , i humbly conceive , that by natures light , man , now fallen and broken , even under all the fractions of the powers and faculties of the soule , doth know , that promises of reward , feare of punishment , and the coactive power of the sword , as plato said , are naturall meanes to move us , and wings to promote obedience , and to doe our duty . and that government by magistrates is naturall : but , in the second relation , it is hard to determine , that kings , rather then other governours , are more naturall . quest . . whether nature hath determined , that there should be one supreme ruler a king , or many rulers in a free commnitie ? answ . it is denyed . quest . . whether every free commonwealth hath not in it a supremacie of majestie , which it may formally place in one , or many ? ] answ . it is affirmed . quest . . whether absolute and unlimited power of royaltie , be a ray and beame of divine majestie , immediately derived from god ? ] answ . not at all : such a creature is not in the world of gods creation : royalists , and flatterers of kings , are parents to this prodigious birth . there is no shadow of power , to doe ill , in god : an absolute power is , essentially , a power to do without or above law , and a power to doe ill , to destroy : and so it cannot come from god , as a morall power , by institution ; though it come from god by a flux of permissive providence : but so things unlawfull and sinfull come from god. quest . . whether the king may , in his actions , intend his owne prerogative and absolutenes ? ] answ . he can neither intend it as his nearest end , nor as his remote end . not the former : for if he fight , and destroy his people for a prerogative , he destroyeth his people , that he may have a power to destroy them , which must be meere tyranny , nor can it be his remote end ; for granting that his supposed absolute prerogative were lawfull , he is to referre all lawfull power , and all his actions to a more noble end , to wit , to the safetie and good of the people . quest . . doe not they that resist the parliaments power , resist the parliament ? and they that resist the kings power , resist the king ? god hath joyned king and power : who dare seperate them ? ] answ . if the parliament abuse their power , we may resist their abused power , and not their power parliamentarie . mr. bridges doth well distinguish , in his annot. on the [ loyall convert ] betwixt the kings power , and the kings will. . the resisters doe not separate king and power ; but the king himselfe doth separate his lawfull power from his will , if he worke and act tyrannie , out of this principle , will , passion , lust ; not out of the royall principle of kingly power : so far we may resist the one , and not the other . quest . . why , if god might work a miracle in the three childrens resistance active ; why doth he evidence omnipotencie in the passive obedience of these witnesses ? the kingdome of iudah was christs birthright , as man , and davids sonne : why did he not , by legions of men & angels , rather vindicate his own flesh and blood , than triumph by non-resistance , and the omnipotencie of glorie to shine in his meere suffering ? ] ans . who art thou that disputest with god ? he that killeth with the jaw-bone of an asse , thousands ; and he that destroyed the numberlesse midianites by only three hundred , should no more put the three children to an unlawfull fact in the one , if they had by three men killed nebuchadnezzar and all his subjects , than in the other . but nothing is said against us in a sophisme à non-causa pro causa ; except it be proved , god would neither deliver his three children , nor christ from death , and the iewes from bondage , by miraculous resistance , because resistance is unlawfull . what ? patient suffring is lawfull ; ergo resistance is unlawfull . it is a poor consequent , and a begging of the question , both must be lawfull to us . and so we hold , of ten lawfull meanes fit to compasse gods blessed end , he may choose one , and let goe nine : shall any inferre , ergo , these other nine meanes are unlawfull , because god chose a mean , d●fferent from those nine , and refused them , so may i answer by retortion . the three hundred sinned in resisting midian , and defeating them : why ? because it should be more honour to god , if they had , by suffering patiently the sword of midian , glorified god in martyrdome . so christ and the apostles , who could have wrought miracles , might have wrought reformation by the sword , and destroyed kings and emperors , the opposers of the lambe : and they did reforme by suffering ; ergo , the sword is unlawfull in reformation . it followeth not . the meane christ used , is lawfull ; ergo , all other meanes that he used not , are unlawfull , it is vaine logick . quest . . whether is the coronation of a king any other thing but a ceremonie ? ] ans . in the coronation there is , and may be , the ceremonie of a shout and an acclamation , and the reaching of a scepter in his right hand who is made king ; and the like : but the coronation in concreto , according to the substance of the act , is no ceremonie , nor any accidentall ingredient in the constitution of a king ; . because israel should have performed a meere ceremoniall action on saul , when they made him king , which we cannot say : for as the peoples act of coronation is distinctive , so is it constitutive ; it distinguished saul from all israel , and did constitute him in a new relation , that he was changed from no king , to be a king. . the people cannot by a ceremonie make a king ; they must really put some honour on him , that was not on him before . now this ceremonie which royalists doe fancie coronation to be , is only fymbolicall and declarative , not really dative , it placeth nothing in the king. quest . . whether may subjects limit the power that they gave not to the king , it being the immediate result ( without intervening of law , or any act of man ) issuing from god only ? ] ans . though we should give ( which in reason we cannot grant ) that royall power were a result of the immediate bounty of god , without any act of man ; yet it may be limited by men that it over-swell not its banks , though god immediatly make peter an apostle , without any act of men , yet paul by a sharpe rebuke , gal. . curbeth and limiteth his power , that he abuse it not to iudaizing ; royalists deny not , but they teach , that the . priests that restrained vzziah his power , from burning incense to the lord , gave no royall power to vzziah ▪ doe not subjects by flight lay restraint upon a kings power , that he kill not the subjects without cause ? yet they teach , that subjects gave no power to the king ; certainly this is a proofe of the immense power of the king of kings , that none can fly from his pursuing hand , ps . . , , . amos . , , , . whereas men may fly from earthly kings . nebuchadnezzar , ( as royalists teach ) might justly conquer some kingdomes , for conquest is a just title to the crowne , ( say they ) now the conquerour then justly not only limiteth the royall power of the conquered king , but wholly removeth his royalty and unkingeth him , yet we know , the conquerour gave no royall power to the conquered king. ioshua and david tooke away royall power which they never gave , and therefore this is no good reason , the people gave not to the king royall power , ergo , they could not lawfully limit it , and take it away . . we cannot admit that god giveth royall power immediatly , without the intervention of any act of law , for it is an act of law , that deut. . the people chooseth such a king , not such a king , that the people by a legall covenant make saul , david , and joash kings , and that god exerciseth any politicall action of making a king , over such subjects , upon such a condition , is absurd , and inconceivable ; for how can god make saul and david kings of jsrael , upon this politicall and legall condition , that they rule in iustice and judgement , but there must intervene a politicall action , and so they are not made kings immediatly . if god feed moses , by bread , and manna , the lords act of feeding is mediate , by the mediation of second causes ; if he feed moses . dayes without eating any thing , the act of feeding is immediate . if god made david king , as he made him a prophet , i should thinke god immediatly made him king ; for god asked consent of no man , of no people , no not of david himselfe , before he infused on him the spirit of prophecy ; but he made him formally king , by the politicall and legall covenant betwixt him and the people . i shall not thinke that a covenant and oath of god is a ceremony , especially a law-covenant , or a politicall paction between david and the people , the contents whereof behoved to be de materia gravi & onerosa , concerning a great part of obedience to the fifth commandement of gods morall law , the duties morall concerning religion , and mercy , and justice , to be performed reciprocally , between king and people . oathes ( i hope ) are more then ceremonies . quest . . whether or no is not the common-wealth ever a pupill , never growing to age , as a minor under nonage doth come not to need a tutor , but the common-wealth being still in need of a tutor , a governour , or king , must alwaies be a tutor , and so the kingdome can never come to that condition , as to accuse the king , it alwaies being minor ? ] ans . . then can they never accuse inferiour iudges , for a kingdome is perpetually in such a nonage , as it cannot want them , when sometime it wanteth a king. . can the common-wealth under democracy and aristocracy being perpetually under nonage , ever then quarrell at these governments , and never seeke a king ? by this reason they cannot . . the king in all respects is not a tutor , every comparison in something beareth a leg ; for the common-wealth , in their owne persons doe choose a king. . complaine of a king. . resist an vzziah . . tye their elective prince to a law ; a pupill cannot choose his tutor , either his dying father , or the living law doth that service for him ; he cannot resist his tutor , he cannot tye his tutor to a law , nor limit him , when first he chooseth him . pupillo non licet postulare tutorem suspecti , quamdiu sub tutela est , & manet impubes . l. pietatis . in fin . c. de susp . tutor . l. impuberem . . & § . impuberes . iust . eod . quest . . whether or no are subjects more obnoxious to a king then clients to patrons , and servants to masters , because the patron cannot be the clients judge ? but some superiour magistrate must judge both , and the slave had no refuge against his master , but only flight . and the king doth conferre infinite greater benefits on the subjects , then the master doth on the slave , because he exposeth his life , pleasure , ease , credit , and all for the safety of his subjects ? ] ans . it s denyed ; for to draw the case to fathers , and lords in respect of children and vassals ; the reason why sons , clients , vassals can neither formally judge , nor judicially punish fathers , patrons , lords and masters , though never so tyrannous , is a morall impotency , or a politicall incongruity , because these relations of patron and client , fathers and children are supposed to be in a community , in which are rulers and iudges , above the father and sonne , the patron and the client ; but there is no physicall incongruity that the politique inferiour punish the superiour , if we suppone there were no iudges on the earth , and no relation , but patron and client ; and because , for the father to destroy the children , is a troubling of the harmony of nature , and the highest degree of violence , therefore one violence of selfe defence , and that most just , though contrary to nature , must be a remedy against ano●her violence : but in a kingdome there is no politicall ruler above both king and people ; and therefore though nature have not formally appointed the politicall relation of a king , rather then many governours , and subjects , yet hath nature appointed a court and tribunall of nec●ssity , in which the people may by innocent violence , represse the unjust violence of an injuring prince ; so as the people injured in the matter of selfe defence , may be their owne iudge . . i wonder that any should teach , that oppressed slaves had of old no refuge against the tyranny of masters , but only flight : for . the law expresly saith , that they might not only fly , but also change masters , which we all know was a great dammage to the master , to whom the servant was as good as mony in his purse . . i have demonstrated before by the law of nature , and out of divers learned iurists , that all inferiours may defend themselves by opposing violence against unjust violence ; to say nothing , that unanswerably i have proved , that the kingdome is superiour to the king. . it is true , qui plus dat , plus obligat , as the scripture saith , luke . he that giveth a greater benefit , layeth a foundation of a greater obligation . but . if benefit be compared with benefit , it is disputable ; if a king give a greater benefit then an earthly father , to whom under god the sonne is debtor for life and being , if we regard the compensation of eminency of honour and riches , that the people puteth upon the king ; but i utterly deny that a power to act tyrannous acts , is any benefit or obligation , that the people in reason can lay upon their prince , as a compensation or hire for his great paines , he taketh in his royall watch-tower : i iudge it no benefit , but a great hurt , dammage , and an ill of nature , both to king and people , that the people should give to their prince any power to destroy themselves , and therefore that people doth reverence and honour the prince most , who lay strongest chaines and iron fetters on him , that he cannot tyrannize . quest . . but are not subjects more subject to their prince ( seeing the subjection is naturall , as we see bees and cranes ) to obey him , then servants to their lord. c. in apib. . . . ex hiero. . ad rustic . monach. plin. n. . for jurists teach , that servitude is beside or against nature . l. . de stat . homi . § . . just , & jur . pers . c. . § . & sicut nov. . quib . med . nat . off . sui . ans . there is no question , in active subjection to princes and fathers commanding in the lord , we shall grant as high a measure as you desire . but the question is , if either active subjection to ill and unjust mandates , or passive subjection to penall inflictions of tyrannie and abused power , be naturall , or most naturall ? or if subjects doe renounce naturall subjection to their prince , when they oppose violence to unjust violence . this is to beg the question . and for the commonwealth of b●es and cranes , and crown and scepter amongst them , give me leave to doubt of it . to be subject to kings , is a divine morall law of god ; but not properly naturall to be subject to coaction of the sword. government and subjection to parents , is naturall : but that a king is juris naturae strictim , i must crave leave to doubt . i hold him to be a divine morall ordinance , to which , in conscience , we are to submit in the lord. quest . . whether was king uzzah dethroned by the people ? ] ans . though we should say , he was not formally unkinged and dethroned ; yet if the royall power consist in an indivisible point , as some royalists say : and if vzzah was removed to a private house , and could not reigne , being a leper ; certainly , much royall power was taken from him . 't is true , arnisaeus saith , he neither could be compelled to resigne his power , nor was he compelled to resigne his royall authoritie ; but he willingly resigned actuall government , and remained king , as tutors and curators are put upon kings that are mad , stupid , and children , who yet governe all by the authoritie of lawfull kings . but that vzzah did not denude himselfe of the royall power voluntarily , is cleare . the reason , chro. . . why he dwelt in an house apart , and did not actually reigne ; is , because he was a leper ; for , he was cut off ( saith the text ) from the house of the lord ; and jotham his sonne was over the kings house , judging the people of the land. whereby it is cleare by the expresse law of god , he being a leper , and so not , by law , to enter into the congregation , he was cut off from the house of the lord : and he being a patient , is said to be cut off from the lords house . whether then vzzah turned necessitie to a vertue , i know not : it is evident that gods law removed the actuall exercise of his power . if we obteine this , which gods word doth give us , we have enough for our purpose , though vzzah kept the naked title of a king , as indeed he tooke but up roome in the catalogue of kings . now if , by law , he was cut off from actuall governing ; whether he was willing , or not willing to denude himselfe of reigning , it is all one . and to say , that furious men , ideots , stupid men , and children , who must doe all royall acts by curators and tutors , are kings jure , with correction , is petitio principii : for then hath god infused immediately from heaven , ( as royalists teach us ) a royall power to governe a kingdome , on those , who are as capable of royaltie , as blocks . i conceive that the lord , deut. . , , , . commandeth the people , to make no blocks kings : and , that the lord hath not done that himselfe in a binding law to us , which we have no commandement from him to doe . i conceive that god made josiah and joash kings typicall , and in destination , for his promise sake to david , while they were children , as well as he made them kings ; but not actu completo ratione officii , to be a rule to us now , to make a childe of sixe yeares of age , a king by office . i conceive , children are to us , only kings in destination and appointment : and for idiots and fooles , i shall not believe , ( let royalists breake their faith upon so rocky and stony a point , at their pleasure ) that god hath made them governors of others , by royall office , who can scarce number their own fingers ; or that god tyeth a people to acknowledge stupid blocks for royall governours of a kingdome , who cannot governe themselves . but far be it from me to argue with bellarmine ; from vzziah his bodily leprosie , to inferre , that any prince spiritually leprous , and turned hereticall , is presently to be dethroned . nothing can dethrone a king , but such tyrannie as is inconsistent with his royall office . nor durst i inferre , that kings , now adayes , may be removed from actuall government , for one single transgression . it is true , priests , and the whole kingdome so serving king vzzah , ( their motives , i know , were divine ) proveth well that the subjects may punish the transgression of gods expresse law , in the king , in some cases , even to remove him from the throne : but as from gods commanding to stone the man that gathered sticks on the sabbath day , we cannot inferre , that sabbath-breakers are now to be punished with death ; yet we may well argue , sabbath-breakers may be punished , and sabbath-breakers are not unpunishable , and above all law ; so may we argue here : vzzah , though a king , was punished ; ergo , kings are punishable by subjects . quest . . whether or no , as the deniall of active obedience in things unlawfull , is not dishonourable to the king as king , he being obliged to command in the lord only , so the deniall of passive subjection to the king using unjust violence , be also no dishonouring of the king ? ] ans . as the king is under gods law both in commanding , or in exacting active obedience , so is he under the same regulating law of god , in punishing or demanding of us , passive subjection , and as he may not command what he will , but what the king of kings warranteth him to command , so may he not punish as he will , but by warrant also of the supreame iudge of all the earth ; and therefore it is not dishonourable to the majesty of the ruler , that we deny passive subjection to him , when he punisheth beside his warrant , more then its against his majesty and honour , that we deny active obedience , when he commandeth illegally ; else i see not how it is lawfull to fly from a tyrannous king , as elias , christ , and other of the witnesses of our lord have done ; and therefore what royalists say here is a great untruth , namely , that in things lawfull we must be subject actively , in things unlawfull , passively . for as we are in things lawfull to be subject actively , so there is no duty in point of conscience , laying on us to be subject passively , because i may lawfully fly , and so lawfully deny passive subjection to the kings will , punishing unjustly . quest . . whether may the prince make away any part of his dominions , as an iland , or a kingdome , for the safety of the whole kingdomes he bath : as if goods be like to sinke an over ▪ burthened ship , the sea-men cast away a part of the goods in the sea , to save the lives of the whole passengers : and if three thousand passengers being in one ship , and the ship in a storme like to be loosed , it would seeme that a thousand may be cast over-board , to save the lives of the whole passengers ? ] ans . the kingdome being not the kings proper heritage , it would seeme he cannot make away any part of his kingdome to save the whole , without the expresse consent of that part , though they be made away to save the whole ▪ in things of this kind , men are not as the commodities of merchants , nor is the case alike : as when one thousand of three thousand are to be cast into the sea to save all the rest , and that either by common consent , or by lots , or some other way ; for it is one thing , when destruction is evidently inevitable , as in the casting so many men into the sea to save the whole and many passengers , and when a king for peace , or for help from another king , maketh away part of his dominion . the lord is here to be waited on in his good providence , and events are to be committed to him ; but far lesse can it be imaginably lawfull for a king , to make away a part of his dominions , without their consent , that he may have help from a forraign prince to destroy the rest : this were to make merchandize of the lives of men . quest . . whether or no , the convening of the subjects without the kings will , be unlawfull ? ] answ . the convention of men of it self , is an indifferent thing , and taketh its specification from its causes , and manner of convening , though some convention of the subjects without the king , be forbidden ; yet ratio legis est anima legis , the reason and intent of the law , is the soul of the law. convention of the subjects in a tumultuary way , for a seditious end , to make war without warrant of law , is forbidden ; but not when religion , laws , liberties , invasion of forraign enemies , necessitateth the subjects to conveen , though the king and ordinary iudicatures , going a corrupt way to pervert iudgement , shall refuse to consent to their conventions : upon which ground , no convention of tables at edinburgh , or any other place , an. . . . can be judged there unlawfull ; for if these be unlawfull , because they are convention of the leagues , without expresse act of parliament , then the convention of the leagues to quench a house on fire , and the convention of a countrey , to pursue a wolf entered in the land , to destroy women and children , which are warranted by the law of nature , should be lawlesse , or against acts of parliament . quest . . whether the subjects be obliged to pay the debts of the king ? ] answ . these debts which the king contracteth as king , in throno regali , the people are to pay ; for the law of nature , and the divine law doth prove , that to every servant and minister , wages is due , rom. . , . compared with vers . . and cor. . , , , . tim. . . if the prince be taken in a war , for the defence of the people , it is just that he be redeemed by them : so the law saith , tit. f. & c. de negotiis gestis , & f. & c. manda . but when fer. vasquius illust . quest . l. . c. . n. . vicesimo tertio apparet , &c. — saith , if the prince was not doing the businesse of the publike , and did make war without advice , and consent of the people , then are they not to redeem him . now certain it is , when the king raiseth war , not onely against his oath , and saith , god do so ●o me and mine , if i intend any thing but peace , yet maketh war , and also raiseth war without consent of the parliament , and a parliament at that time convocated by his own royall writ , and not raised , and dissolved at all , but still sitting formally a parliament ; if he borrow money from his own subjects , and from forraign princ●s , to raise war against his subjects and parliament , then the people are not obliged to pay his debts , . because they are obliged to the king only as a king , and not as an enemy : but in so raising war , he cannot be considered as a king. . though , if the people agree with him , and still acknowledge him king ; it is unpossible , physicè , he can be their king , and they not pay his debts , yet they sin not , but may , ex decentia , non ex debito legali , pay his debts , yet are they not obliged by any law of god , or man to pay his debts ; but though it be true , by all law the king be obliged to pay his debt , ( except we say , that all the peoples goods , are the kings , a compendious way , i confesse , to pay all that any voluptuous heliogabolus shall contract ) yet it may easily be proved , that what his subjects and forraign princes lent him to the raising of an unjust war , are not properly debts , but expences unjustly given out under the reduplication of formall enemies to the countrey , and so not payable by the subjects ; and this is evident by law , because one may give most unjustly moneys to his neighbour , under the notion of loan , which yet hath nothing of the essence of loan and debt , but is meer delapidation , and cannot properly be debt by gods law ; for the law regulateth a man in borrowing and lending , as in other politike actions : if i , out of desire of revenge , should lend moneys to a robber , to buy powder and fewel to burn an innocent citie , or to buy armour to kill innocent men , i deny that that is legally debt . i dispute not , whether a. b. borrowing money formally , that thereby he may buy a whore , shall be obliged to repay it to c. d. under the reduplication of debt ; or if the borrower be obliged to pay what the lender hath unjustly lent . i dare not pray to god , that all our kings debts may be payed ; i have scarce faith so to do . quest . . whether subsidies be due to the king as king ? ] answ . there is a twofold subsidie ; one debitum , of deb● , another charitativum , by way of charitie : a subsidie of debt , is rather the kingdoms due for their necessitie , then the kings due , as a part of his rent ; we read of custome due to the king as king , and for conscience sake , rom. . , . never of a subsidie or taxation to the kings of israel and judah , at any convention of the states . augustus caesar his taxing of all the world , luk. . for the maintenance of wars , cannot be the proper rent of augustus , as emperour , but the rent of the romane empire : and it is but the fact of a man. charitative subsidies to the king , of indulgence ; because , through bad husbanding of the kings rents , he hath contracted debts : i judge no better than royall and princely begging . yet lawfull they are , as i owe charitie to my brother , so to my father , so to my politique father the king. see ferd. vasq . illust . quest . l. . c. . who desireth that superiors , under the name of charitie , hid not rapine : and citeth cieer , gravely saying , offic . l. . nulla generi humano & justitiae major pestis est , quam eorum , qui dum maximè fallunt , id agunt , ut boni viri esse videantur , &c. quest . . whether the seas , floods , road-wayes , castles , ports publike magazine , militia , armour , forts and strengths be the kings ? ] ans . all these may be understood to be the kings , in divers notions . . they are the kings , quoad custodiam , & publicam possessionem , as a pawn is the mans in whose hand the pawn is laid down . . they are the kings , quoad jurisdictionem cumulativam , non privativam ; the king is to direct , and royally to command , that the castles , forts , ports , strengths , armour , magazine , militia , be imployed for the safetie of the kingdome . all the wayes , bridges , the publike road-wayes , are the kings , in so far as he , as a publike and royall watchman , is to secure the subjects from robbers , and to cognosce of unknown murthers , by himselfe and the inferior iudges : yet may not the king imploy any of these against the kingdome . . they are the kings , as he is king , quoad officialem , & regalem , & publicam proprietatem : for he hath a royall and princely propriety to all these , as his own , in so far as he useth them according to law : and thus they are , . the kings also , quoad usum , in regard of officiall use . but they are the kingdomes , quoad fructum , in regard of the effect and fruit . . they are the kingdomes , sinaliter , being destinated for the safetie and securitie of the kingdome . . they are the kingdomes , quoad proprietatem propriam , & legalem stricté sumptam ; according to the proper and legall proprietie ; and are not the kings proper heritage , as he is a man : . because he may not sell these forts , strengths , ports , magazine , bridges , &c. to a stranger , or a forraigne prince . . when the king is dead , and his heires and royall line interrupted , these all re●aine proper to the kingdome ; yet so , as the state cannot , as they are men , make them away , or sell them , more then the king : for no publike persons , yea the multitude cannot make away the securitie , safetie , and that which necessarily conduceth to the securitie of the posteritie . the lord build his owne zion , and appoint salvation for walls and bulwarks . finis . errata . in the preface , p. . l. . for who is , r. which is . page . line . for he read they . ib. l. . for is r. it s . p. . l. . adde not . ib. l. . r. satan . p. . l. penult . for ant. r. for . p. . l. . for yet as , r. as yet . p. . l. . for rest , r. right . p. . l. . r. nature . p. . l. . for is , r. in . p. . l. . for him , r. her . p. . l. . for . r. . ib. l. . for . r. . l. . for . r. . for fol. , . r. , p. . l. for far , r. for . p. . l. . for or , r. is a. p. . l. . for re-joyned , r. are joyned . p. l. . for nor , r. were . p. . l. . for are , r. or . p. . l. . for dispute , r. dispence ▪ p. l. . for is , r. in . p. . l. . dele by . p. . l. r. in so far as it is . p. . l. . for it , r. it s . p. . l. . r. malderus . p. . l. . dele come . p. . l. . for them , r. then . p. l. . for traddit , r. tradidit . for fol. . r. . & sequent . p. . l. . for excito , r. exercito . p. . l. . for aimeth , r. owneth . p. . l. . for work● , r. worker . p. l. . dele not . p. . l. . for first , r. fift . p. . l. penult . for first ▪ r. fift . ib. l. ult . for re-man , r. remain . p. . l. . for needlesse , r. needfull . p. . l. . for accidere , r. occidere . p. . l. antepenult . for right , r. rite . p. . l. . for devide , r. denude . p. l. . for from , r. or . p. . l. . for most lawfull , r. fully . p. . l. . for parl. . r. pa●l . . p. . in , marg . for five , r. suae . p. . l. . for neither , r. either . p. . l. . after england , r. because he had not the consent of the states : the parliament● approbation , &c. ib. l. . for being , r. was . notes, typically marginal, from the original text notes for div a -e sacr. san . epist . ●edi● . sacr. san . reg . maj . c. . a refutation of the p. p. pamphlet , touching the inconsistency of the presbytery with monarchy . the pretended prelates lies and calumnies of the presbyterits of scotland . pag. . . . pag. . pag. . . , . pag. . pa. , , . . . pag. . pag. . pag. . pa. , . pag. . pag. . pag. . p. , , . pag. . pag. . pag. , , . his lies of the generall assemblies of scotland . notes for div a -e how government is from god. civill power in the root immediately from god. a aristot . polit . l. . c. . b sacro sanc . reg . majestas , c. . p. . c molina to . ● . de justit . disp . . d bodin . de rep . l. . c. . e suarez to . . delegib . l. . c. . civill societie ●ow naturall . power of government , and of government by magistrates different . f vasquez illust . quaest . l. . c. . num . , . g l. . in princ . f. de inst . & jur . & in princ . inst . cod. tit . c. jus nat . . disp . h dominium est jus quoddam . l. sin . ad med . c. de long . temp . prest . l. qui usum fert . civil subjection formally not natures law. our consent to laws not antecedently naturall . government by rulers a secondary law of nature . a ad tannerus , m. . tom . . disp . . de peccatis , q. . dub . . num . . b sotus . de justit . q. ▪ ar . . c lod. molina , to . . de just . disp . . d victoria in relect . de potest . civil . q. . art . ● . family government and civil different . civill government , by consequent , naturall . rom. . e g●●●rruvias , tr . . pract . quest . . n , , f soto lo● . ●●t . g suarez de reg. lib. . c. . n. , . h barclaius con . monarchoma , l. . c. . the king from god , understood in a foure●old sense . i sacrosan . reg . maj . the sacred and royall prerogative of christian kings c. . q. . p. , . k bellarm. de locis , l. . c. . not . . politica universè considerata est de jure divino , in particulari considerata est de jure gentium . royall power is of divine institution . a hi●romy in l. . comment . in i●rem . b basilius epist . . c athanasius epist . ad solita . d optat. melevitanus . lib. . e epiphanius ▪ ● . . tom . . heres . . how and in what sence any forme of government is indifferent . how government is an ordinance of man , pet. . f rivetus in d●eal . mand. . pa. . g pisc . in loc ▪ h diodat . annot . i oecumenius quod hominum dispositione consistit , & humanis suffragii● creatur . k dydimus . l cajetan , officium regiminis , quia humanis suffragiis creatur . m estius in loc . n betrandus tom . . bib. o gloss . ordinar . p lyranus . q syriak . r lorin . in l● . ſ durandus lib. de orig . juris how the king is from god , and how from the people . royall power three wayes in the people . how royall power is radidically in the people . the people make the king. the people create a king according to the scripture . a lavater com . in part ▪ . hodie quo que in liberis urbibus , & gencibus , magistratus secundum dei verbum , exod. . & deut. . cligendi sunt , non ex affecti●us . b barclaius , l. . cout . monar●homach . . c. . making a king and choosing a king , not to be distinguished . david not a king , because anointed by samuel . by the peoples election one is made of no king a king. kings elected & made by the people , though the office in the abstract be immediately of god. a bellarmine l. . c. . not . de laicis . sacr● . sa. reg . ma. . . pag. . , , . the people have a reall action more then approbation in making a king. the same word that is ascribed to the people in making a king , sam. . . is given to god , king . . kinging of a person ascribed to the people . kings in a speciall manner from god , but it followeth not , ergo , not from the people . ib. c . kings are from god , yet from the people also . the place , prov. . . proveth not but kings are made by the people . tho● . . q. . art . . pag. . dr. fern , . s. . the formes of government not from god by a naked act of providence , but by his approving will. cap. . pag. . soveraigntie not from the people by sole approbation . that kings in an eminent act of divine providence , have their crownes from god , hindreth not but they have their crownes from the people also . phrases ascribing the making of kings in a peculiar manner to god prove not that the free will of the people hath no hand in the making kings . prophesies of christ expounded by the p. prelate of prophane heathen kings . the p. prelate expoundeth prophesies of david , solomon and iesus christ as true of prophane heathen kings . sacro sancta maj. . . the p. p. maketh all the heathen kings to be anoynted with grace from heaven . a aug. in locum , unxi m●num fort●m , servum obedienten● ideo in co posui adjutorium . b lyra. gratia est babitualis , qui● stat pugil contra di●bolum . c gloss . ord●● . & d hugo cardinalis , olco laetitiae qu● prae consortibu● unctus fuit christus , ps . . e bellarm. ●● . f lorinus . g theodatus . h ainsworth , annot . i sam. . , luk. . . . . . . k iunius ●●not . in loe . l mollerus com . ibid. places , esa . . ps . . spoken of the church and christ , by the p. p. expounded of profane kings . a chald. par . b diodat . an . c ainsworth . athanasius , eusebius , origen . augustine ▪ dydimus . d ainsw . an . in v. . the excellency of kings maketh them not of gods only constitution and designation ▪ antonin . de dominis archiepis . de dom . l. . c. . n. , . seq . how soveraigntie is in the people , and how not . a community doth not surrender their right and libertie to their rulers , so much as their power active to do , and passive to suffer unjust violence . gods losing of the bond of kings , by the mediation of the peoples dispising him , proveth against p. p. that the lord taketh and giveth royall majesty mediately . the subordination of creatures naturall , not voluntary as is the subordination of people to kings and rulers . . arg. pag. . . the place gen. . . he that sheddeth mans blood , &c. a quint. curtius , l. . b aug. dc civ . dei , l. . c. . c euseb . in exo . cronic . d hieron . in c. . hos . e euseb . l. . de prepar . evan. c. . f clemens recog . l. . g pirerius in gen. c. . v. , . disp . . n. . illud quoque mihi fit percredibile , nimrod fuisse eundem , atque enim quem alii appellant belum patrem nini . i euseb . prolog l. . chron. k paul orosius . l. . de ormesta mundi . l hieron . in traditio hebrei in gen. m tostat . abulens . in gen. c. . . . n calvin com . o iosephus in c. . ge. p luth. cò . ib. q musculus . r ainsw . com . s morlar . t pircrius in gen. c. . v. , . n. . vatablus hath divers interpretations ; in homine , id est , in conspectu omnium & publicè , aut in homine , i. e. hominibus testificantibus . alii ▪ iu homine , i. e. propter hominem , qui● occidit hominem , jussu magistratus . cajotan expoundeth 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 contra hominem , in despight of man. ( h ) calvin com . in c. . gen. ( q ) calv. com . quanquam hoc loco non simpliter fertur lex politica , ut plectantur homicidae . ( r ) calv. in lect . a m. anto. de domini . arch. spalatens . l. . c. . n. . . 〈…〉 potius heb●t ● na●●ra , non t●m vim active rectivam aut gubernativam , quam inclinationem passive re gibilem ( ut ita loquar ) & gubernabilem , qua volens & libens sese submittit rectoribus &c. b almain . de potest . & la. q. . c. . . & q. . , . ( c ) navarrus ( d ) nem. don ▪ iud . not . . n. . in any community there are active and passive power to government . pag. , . spalatensis , ibid . pag. . popular government is not that in which the whole people are governors . people by nature , are equally indifferent to all the three forms of government . spalato . august . de lih . arb . l. . c. ● . si depravatus populus rem privatam reipub. preferat . atque haheat venale suffragium cor ruptusque ab iis qui honores amant , regnum in s●factiosis cons●eleratisque committat ; non ne item rectê , si quis tunc extilerit vir bonus qui plurimum posfit , adimat huic populo potestatem dandi honores , & in pavcorum bonorum , vel etiam unjus red regat arbitrium ? pag. . sacr . sanc . regum majest . the p. prelate holdeth the pope not to be the antichrist , but that as papists say , the antichrist shal be one single man. the bad successe of kings chosen by the people proveth nothing , because kings chosen by god had bad successe , through their own wickednesse . the p. prelate condemneth king charles his ratifying in parliament , . an. . the proceedings of scotland in this present reformation . that any are supreme iudges , is an eminent act of speciall providence , which hindereth no● but that the king is made by the people . the people not patients , in making a king , as is water in producing grate baptisme . barclaius contr . monarch . l. . c. . p. . ut hostes publicos non solù ab universo populo , sed ● singulis etiam impeti oaedique jure optimo posse tota antiquitas censuit . how the people is the subject of soveraigntie . sac. reg. maj. the sacred and royall prerogative of kings c. . p. . . stollen from barclaius . the power of parliaments . the parliament hath more power then the king. c. . pag. . c. . , , . iudges and kings differ . cap. ● . p. . barclaius contra monarchum . l. . c. . idem . l. c. ult pag. , . people may resume their power in some cases , not because they are infallable , but because they cannot so ea●ily erre as one man. that the sanedrim punished not david , bathsheha , ioab , proveth nothing in law , as a fact or non fact is not law . ( a ) covarruvias , tom . . pract . quest . ▪ c. . n. . . . spalato de rep . eccles . l. . c. . n. . sa. sa . maj . the sacred and royall prerogative of kings c. . p. , , . a covarr . to . pract . quest . c. . ● . . government how both naturall , and also voluntary . there is a subordination of creatures naturall , and goverment must be naturall , and yet this or that forme is voluntary . edward symmons , in his loyall subjects beleefe , sect . . p. . royaltie not transmittable from father to sonne . vpon what tearme a people chooseth a familie to reigne over them by succession . the thron● by speciall promises of god ▪ made to david and his seed , ps . . no ground to make birth in foro dei a iust title to the crowne . arg. m. symmons , loyall subjects beliefe , sect. . p. . title to a crown by conquest must be unlawfull if truth be gods just title to a crowne . royalists who hold conquests a iust title to the crowne , teach manifest treason against our soveraigne king charles and his heires . . arg. onely bona fortunae , not honour is transmittable from father to son . violent conquest cannot regulate the consciences of people to submit to a conquerour as their lawfull king. naked birth is inferiour to the divine unction , which yet made no man a king , without the peoples election . symmons loyall subiects beleef . sect. . p. . birth a typical designment to the crown . if a kingdom were by birth , the king might fell it . symons , sect . ● . pag. . joan. epis●●● roffens . de potest . papae . l. . c. . arnisaeus de authorit . princip . c. . n. . the heir of a crown hath the crown as the patrimony of the kingdom , not of the king his father . the choice of a family to the crown , resolveth upon the free election of the people , as on the fountain-cause . . argum. sect. . p. . election of a family to the crown lawfull speed , hist . pag. . a king by election commeth neerer to the first king then a king by succession . d. fern , part . sect . ● . p. . if the people may limit the king , they may give him power a community have not power formally to punish themselves . barclay cont . monarcham ▪ c. , p. ▪ . the elective king and the hereditary king better and worse , every one then another , in divers relations . sac. sanc . reg. maiest . c. . p. . letter p. . twofold right of conquest . sect. . p. . vniust conquest is no signification of gods approving will. arg. arg. meere violent domineering is contrary to the rules of governing , arg. violence hath nothing in it of a king. ▪ arg. arg. a king given to a people by a bloody conquest , must be a judgement , not a blessing , and so not p●● se a king. arg. strength , as prevailing strength , is not law or reason . fathers cannot dispose of the liberty of the posteritie not borne . a father as a father hath not power of life and death . hugo g●otius de iute belli & pacis l. . c. . n. . arg. part . sect. . p●g . . arnisaeus de authoritat . pri●cip . c. . n. ● the peoples and davids conquest of canaanites , amonites , and edomites , do not prove conquest to be a good title to a crown . davids conquest of the ammonites more rigorous then that it can legitimate crowns by ●onquest . sam. . . . sorts of superioritie and inferioritie . power of life and death from a positive law , not from the superioritie of father & children . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . a dominion antecedent and consequent . kings and subjects no naturall order . buchan . de jure regni apud scoles . a man is born consequenter , in a politique ●●lation . slavery not naturall . every man by nature free borne in regard of civill subjection . arg. arg. arg. arg. arg. arg. politque societie naturall in radice , free in modo rei . arg. sac. sanct . reg. ma. c. . p. ▪ p. prelate . politick government how naturall . p. prelate . sac. sanct . mai. p. . inslaving of children by the parents not naturall . the king under a naturall , but no civil obligation to the people , say royalists . if the condition without the which one of the parties would never have entered in covenant , be not performed , that person is loosed from the covenant . arnis . de authorit . prin . ● . ● . n. . . the people & princes in their place are obliged to maintain religion and iustice , no lesse then the king. in so far as the king presseth a false religion on the people , catenus , in so far they are understood not to have a kingly power . the covenant between king and people giveth a coactive power to each other . the covenant bindeth the king , as king , not as he is a man only . the covenant tyeth the king to the people politically as well as to god naturally or religiously . arg. how the covenant is conditionall , and what breach dissolveth the ▪ covenant . one or two tyrannous acts deprive not a king of his royall right . the covenant between king and people conditionall . though there be no positive written covecant ( which yet we grant not ) yet there is a naturall , tacite , and implicite covenant betwixt the king and ths people . if the king be made king absolutely , he is made such an one contrary to the word of god and nature of his office . the people are not given to the kings keeping so as they be his owne , as sheep or mony are given . the king could not buy or sell , borrow or contract debt if his covenant with men did not bind him . the covenant sworn by asa and all iudah , chron. . obligeth the king. barclay . alber. gentilis in disput . regal . l. . c. . l. . c. ; . . hug. grotius de jure belli , & poc . l. . c. , , . arnisaeus d● authorit . princip . c. . n. . . . haenon . disp . . ioan. roffens . de potest . pap● . l. . c. . adam suppose he had lived till now should not have bin king of the whole earth because ● father . king a father metaphorically only . a fatherly power and a politike power are not one and the fame . d. ferne , par . . sect . . pag. . sacr. sanct . reg. maiest . c. . pag. . arnisaeus de potest . princip . c. . u. . . see aristotle saith the prelate , eth. . . pol. . c. homer . odys . . he might have said , see arnisaeus loe . tit . the king as king , hath no masterly domion over the people , but only fiduciarie . to be a king , is by office , and actu primo , to defend , save , feed , and not to hurt or inthral . a king not over men as reasonable men . prelat● . sacr. sanct . mas . c. . p. . hugo grotius hath the same de jur . bel . & pacis , l. . c. . a compelled surrender of liberty tyeth not . a surrender of ignorance and mistake , is some way unvoluntary and obligeth not . the goods of the subjects not the kings . * quod jure gentium dicitur . f. de justi tia & jure . l. ex hee . quod partim jure civili . iusti . de rerum divisio . sect . singulorum . * l. item si verberatum . f. de rei vindicat . ias . plene m. l. barbarius . f. de o●fici . praetor . all the goods of the people are the kings in a fourfold notion , but not in propriety . subjects are propriators of their own goods . argum. . argum. . argum. . the answer of hybreas to a extorting prince autonius . argum. . species enim furti est de alieuo largiri , & beneficii debitorem sihi acquirere , l. si pignore , sect . de furt . argum. . argum. . argum. . argum. . the kings power fiduciarie . the king a tutor . difference between a father and a tutor . a free community no pupill or minor . the kings power not properly maritall or husbandly . the king a patron rather then a lord. the king an honourable servant . royall power only from god , and only from the people in divers respects . the king the servant of the people both objectively & subjectively . by one and the same act the lord of heaven , and the people make the king according to the physicall realitie of the act . the king head of the communitie only metaphorically the king but metaphorically only lord of the familie . the king not heire nor proprietor of the kingdome . the place , sam. , , . discussed . a grotius de ju . bel . & pacis , l. . c. . n. . b barclaius contra monarchom . l. . p. . potostatem intelligit non ●a● quae competit ex praecepto , neque etiam quae ex permissu est , quatenus liberat à peccato , sed quatenus paenis legalibus ●ximit operantem . ( c ) barclaius contra monarcho . l. . p. , . the power & office of the king , badly disterenced by barclay . d barclaius , l. ▪ c. . e arr. mon. haec erit ratio regis . f . interpret . vatabul . judica ●is judicium & consuetudinem , i. mores & ib. bis moribus & hac consuetudine utentur erga vos reges . g chald. para. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . . interp. . interp. h p. martyr . coment . sam. . verum jus regium describit in deut. apud samuelem autem usurpatum . l calvin . conc . sam. . k andr. rivetus in decal . ● . . in● . mundat . p. . l junius annot . in sam. . m diodatus annot . sam. . . n glossa interlinearis . o lyra in locum , hic accipitur jus large sumptum quod reputatur jus propter malum abusum . nam illa quae dieuntur hic de jure . reg is , magis contingunt per tyranidem . p tostatus abulens . in reg. . q. . deq. . q cornelius a lapid . in locum . r cajetan . in locum . ſ hugo cardinal . in loc . t serrarius in locum . u thom. aquin . l. . de regni princip . c. . x mendoza , jus tyrannorum . y clemens alexand. pag. . z beda , l. . expo . in samuel . a petrus rebuffus tract . de incongrua . prert . p. . osiander , he setteth not down the office of the king , what he ought to be , but what manner of king they should have . pelican . that ruled by will , not by law . willet . such as decline to tyranny . borhaius , tyrants , not kings . b rabb . levi ben. gersom . in sam. . pezelius in exp . leg . mosai . l. . c. . tossan . in not . bibl. bosseus de rep. christ . potest . supra regem , c. . n. . bodin . de rep. l. . c. . breutius , homil . . in sam. . mos regis non de jure , sed de vulga●â consuetudine . doct. ferne , p. . sect . pag. . active and passive , obed. pag. . d. ferne. . p. sect. . pag. . learned authors teach that gods law , deut. . and the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a manner of the king , sam. , . are opposite one to another , so gerson in trinprin● . sac . adu . lat . par . . alp. . lit . l. cons . . buchan . de jure regni . apud scot. chasson . cat . glo . mundi cons . . n. . cons . . tholoss . l. . c. . rossen . de polus rep. c. . n. . magdeburg . in trac . de . off . ma. crying to god not the only remedy against a tyrant . ferne par . . pag. . resisting of tyrants , and patience not inconsistent . the law of the king not a permissive law as was the law of devorcement mal. . the law of the king written in a booke , ● sam. . not the law of tyranny . in what considerations the king is wo●thier then the people , and the people worthier then the king. a meane as a meane inferiour to the end . a king inferiour to the people . argum. argum. . argum. . argum. . argum. . the church b●cause the church of more worth then the king because king. argum. . argum. . people in the spece immortall , king not so . if sinne had never been , there should have been no need of kings . arg. . the king is to expend his life for the people , and so inferior to them . a meane is considered reduplicatively and formally as a meane , and materially , as thething which is the mean : in this latter sense the mean may be of more worth then the end , but not so in the former sense . a meane may be considered as a meane only , and as more then a meane . the people may be with out the king , but not the king without the people . . argum. the people wortheir as the ●t●stituent cause then the king , who is the effect . argum. . argum. . vnpossible that people can limit royall power , but they must give royall power . argum. . argum. . except . . ioan. rossens . de potest . pap . l. . c. . though god immediately create kings without the people , yet can the people unmake kings . though god should immediately give a talent and gift for prophecying , as he gave to balaam , caiaphas and others , yet they may lose that talent by digging it in the earth , and be deprived by the church . except . . 〈…〉 . sanc . majes . c. . p. . arnis●us de authorit . princip . cap. . ● . . the people putting a king above themselves , retaine the fountain-power , and so are superior to the king. ulpian l. . ad sc. tupil . populus omne suum imperium & potestàtene confert in regem . bartolus ad l. hostes . f. de capt . & host . arnis . c. . n. . the king , as king , a meane and inferior to the people . the king both as a man , and as a king inferior to the people . except . . sacr. sanct . maj . c. . p. . observe here , that the p. p. yieldeth there is a free covenant , by which the people resigne their power to the king : but whether royall power , or some other , he dare not assert , lest he destroy his own principles . to sweare non-selfe-preservation , and to sweare self-murther , all one . reply . sac. sanct . maj . c. . p. . stollen from barclaius , l. . c. . the people cannot make away their power to the king irrevocably the people may resume the power they gave to commissioners of parliament , when they abuse that power . buchanan not understood by the p. p. tables lawfull when the secret counsell is corrupted , and parliaments are denyed . rep. barc . l. . conc . monarcho . c. pag. . . rep. saer . sanc . mai. c. . p. . stolen out of arnisaeus de jure majest . cap. . n. ● . pag. . quod ofsicit ●ale , &c. holdeth when the agent maketh not away all its vertue by alicnation . . rep. sacr. sanc . mai. pag. . propter quod unumquodque &c. not understood by the p. p. the king hath soveraignty by loane and i● trust . soveraigntie how in the communitie , how not . power of life and death , how in the communitie . a communitie of it selfe , wanting rulers , is a politique body , and how . sacr. sanc . maj . c. . p. . the propagation of kings is by filiation , saith the p. p. a speech that hath neither sense nor reason . filiation is later then propagation : one must be propagated ere he be a sonne . inferiour iudges no lesse gods immediate vicars then the king. the conscience of the inferiour iudge is immediately subordinate to god , not to the king either mediately , or immedia●ely . grotius de jure belli & pac . l. . c. . nam omnis facultas gubernandi in magistratibus , summae potestati ita subjicitur ut quicquid contra voluntatem summi imperantis faciant , id defectum sit ●a facultate , ac proinde de proactu privato habendum . grotius ibi . species intermedia , si genus respicias , ●st species , si speciem infra positam , est genus : ita magistratus illi , inferiorum quidem ratione habita sunt publicae , personae , at supper●ores si considerentur , sunt privati . grot. . inferiour judges truely judges in relation to the king. the inferiour judge , how the deputy of the king. inferiour iudges powers ordained of god. rebuked for perverting judgement . they are the ministers of god. to resist them is to resist god. they are gods by this the parliame nt of both kingdomes ought to put to death cut-rhroat - ▪ cavaliers ●aising warre against the subject , though the king commands the contrary . sac. sanc. mai . c. . pag. . how the king judgeth by inferiour iudges . simmons loyall subjects beleif . sect. . pag. . the honour of an inferiour iudge commeth neither from east , nor from west , more then from the king. argu. . power of kings and of inferiour iudges differ gradually , not specifically . the specifick acts and formall object of kings and inferiour iudges are the same . the same obligation of conscience that lyeth on the king in all things , lyeth on the inferiour iudge . inferiores iudices sunt impropriè vicarii regis , quoad missionem externam ad officium , sed immediati dei vicarii , quoad officium in quod missi sunt . barcl . l. . contr . monarchom . p. , . arnisaeus de authorit . princ. c. . ● . . marant . disp . . zoan . tract . . de defens . mynsin g. obs . . cent . . symmons , sect . ● p. . the iudges of israel , and the kings after them , differed , but not essentially . sacr. sanct . maj . c. . p. , . nature is a● neare to aristocracy as to monarchy , for the wise cannot be under the husband , as a subject under a monarch , she by the fift commandement ha●h a joynt ●headship with the husband . iudges inferiour depend on the king , in fieri when the constitution ▪ of the kingdome is such , but not in facto esse nor in their essence . arg. . inferiour iudges , after the king is dead , as also the states of parliament remain iudges . arg. . god , not the absolute prince , maketh the inferiour iudges . no heritable iudges according to gods word . inferiour iudges more necessary in a large kingdom then the kfng , and fo aristocracy in that more sutable to the naturall end of government then monarchy . principes sunt ▪ capitis tempora , rex vertex . elders of a land joyntly in parliament , must have as much , if not more , ( vis unita fortior ) ▪ then when they are divided in severall tribes , ●ities , shires : but , divided , they are as essentially . iudges , as the king. the whole must have more power in extension , then the part . jer. . ▪ they had power against the kings will , to put ieremiah to death . ieremiah saith , doe whatsoever seemeth good to you , v. . the power of conveening parliaments , in the estates , without the king. ps . . , . why are thrones set for judgement for all the tribes , if only the king judge . tables in scotland lawfull . the inferiour iudges are not subject in their conscience to the king , in their acts of judgement , either , quoad specificationem , to give unjust sentences at his will ; nor quoad exercitium , to execute , or not execute judgement for the oppressed . vnjust judgeing , and no judging at all , are sinnes in the states . junius brut. q. . p. . vind . contr . tyran . the parliament iudges not advisers only . ieferiour iudges not the legats , or servants , or messengers of the king. publick government belongeth to the states , and elders as to the king. arg. . arg. . arg , . arg. . ferne par . . defence . sect. . pag. pag. ● . the question is not , if the king be so absolute as he is freed from all morall restraint comming from gods law. sacr. sanc . maj. cap. . p. ● . no resisting of the most turkish tyran by the royalists way . an absolute king more absolute then the great turke , by royalists way . no law at all , by royalists way , to impede a king from a super-inundation of overflowing tyrann● ▪ arg. against absolutenesse of kings . why the king a breathing law ? three reasons . . argument against an absolute king : the people have no absolute power over themselves , and so cannot make over any such power to the king. arg. . against an absolute prince . power tyrannicall is not from god. barclaius contr . monarcho . l. . pag. . that evasion removed , tyrannicall power is not from god , but a power to do ill , so as no mortall man may resist , is from god. argum. . against an absolute prince . a king as a king must be a plague , i● god be the creator of an absolute prince . the goodnesse of an absolute prince in not putting forth his power in actuall destroying of the people , hindereth not the power to be actu primo , tyrannicall . argum. . against absolute princes . an absolute prince against justice , peace , reason , law , &c. argum. . against an absolute prince . it is against ▪ nature . arg. . against an absolute prince , contrary to the fift commandement . arg. . against an absolute prince . the king remaineth a brother when he is king , and may be rebuked , may not take his neighbours vineyard from him . a damsell forced by the king may violently resist . no sufficient meanes against all cruelties and unjust violences , if an absolute prince be from god , all goe to confusion . barclaius cont , monarch . l. ▪ pag. , . . argument against an absolute prince . the conditions tacite or expresse , upon which the prince receiveth the crown fight with all absolute power . prerogative taken two wayes . no prerogative royall in the scripture . jus personae , jus corouae . the question touching prerogative royall , vaine . prerogative royall of royalists , gods due . acts founded upon the sole● pleasure of the agent , proper to god. a threefold dispensation . a dispensation , . of sole pleasure , . of justice , . of grace . a twofold exponing of the law by grace . in re dubia possunt dispensare principes , quia nullus sensus presumitur , qui vincat principalem , l. . sect. initium ib. kings , as kings , cannot doe things of meere grace , because they must doe all ex debito officii , by necessitie of their office . rom- . . prov. . . kings , equivocally kings . the king may as well do acts of meer cruelty , from his supposed prerogative , as acts of meer grace to one man , out of the same fountain . if prerogative may over leap law in one , why not in twenty ▪ no tyrant can do any th● most cruell act , but under the notion of apprehended good . pretended prerogative royal of royalists tyranny polanus in daniel , c. . . rollocus , com . . ib. th. sanches de matr . tom . . l. . dis . . n. . est arb●●rii plenitudo , nulli necessitati subjecta , nulliusque publici juris regulis limita ta . baldus , l. . n. . c. de servit . & aqua . sue●oni . in calign . cap. . memento tibi omnia , & in omnes licere . coelius rodigi , l. . lect. antiq . c. . vasquez , illust . quest . l. . c. . n. . a contradiction in ferne. treaties of monarchicall government . c. . pag. , . the king of persia not absolute . the oath of iudah to the king of babylon tyed them notto renounce naturall selfe preservation . servants are not by pet. . , . interdited of selfe-defence . declar. at new market , mar. . . magna charca against an absolute prince . how the king is lord of the parliament . monarch . governa . part . c. . pag. . sac. sanc . mai. c. . p. . princes are not to be invested with power to all tyranny , upon this pretence , that they cannot do good , except they have also absolute power to do evil . sae . maj. pag. . sacr. sanc . maj. c. . p. , . a power to shed innocent blood , is no part of a true prerogative . the king because of the publikenesse of his office inferiour to subjects and other iudges , in many priviledges . loyall subjects belief , sect. . p. . barcl . l. . c. . p. . humane laws as penall , take life from law makers : as reasonable , they have life from the eternall law of god. the king not greater then the law. no necessitie that an unjust will of a king be either done by us , or on us . the king hath no nomothetick power , his alone . symmons , loyall subject , sect. . pag. . prerogative royall , warranteth not the prince to destroy himselfe ; nor is the people to permit him to cooperat for destruction to themselves . the king inferiour to the people . parliaments supplicate not the king , ex debito . sac. sanct . maj . ● . ● . p. , subordination of the king to the parliament , and coordinatiō , both consistent . do. p. . sect. . pag. ● . temperament of all the three in a limited monarchy . burel . ad verfus monarchomachous l. . pag. . a king as king how excellent a head of the people , how contrary to a tyrant . the king as an erring man no remedy against confusions , and oppressions of anarchy . a court of necessity , and a court of iustice . humane laws not so obscure as tyranny is legible . ferne , part . . sect . . pag. . it is ridiculous to say , a king canno● be so void of reason , as to destroy his people . part. . sect . . pag. . if there be a civill restraint from mans law , laid upon the king , it must be forceable . it s more requisite , the people , religion , and church , be secured , then one man. d. ferne , p. . sect . . pag. . to swear to an absolute prince , as absolute , is an oath eatenus , in so far , not obligatory . difference betwixt a tyrant in act , and a tyrant in habit . epist . . the tragicall end of many tyrannous princes . reasons why the peoples safetie , is the soveraignes law. a good prince is to postpon● his own safetie to the safetie of the people . sac. sane . maj. c. . . dr. ferne , conscience not satisfied , sec. ● ▪ p. . the king in his government is to seeke the safetie of the people , not himselfe . sac. sanc . maj . ●● . . iac. armini . declar. remonstrant . in suod . dordrac . the royalists principles drive at this , to make none kings but only rank tyrants . vindix regum . pag . sac. sanc . mat. pag. , , . sacr. san . mai. pag. . the subjects may gratifie the king for doing what he is obliged to doe by his office . sac. sacr . mai. pag. . page . symmons hath the same very thing in his loyall subjec . unbelief . p. . page . the safetie of the people , far above the king page . a king may though we should deny all prerogative , breake through the letter of a law , for the safety of the whole land. the kings supposed prerogative , nothing , in comparison of the lives and blood of so many thousands as are killed in england and ireland . the power of the dictator no plea for a prerogative above law. pag. . sac. sanc . maj . cap. . the law above the king in four considerations . the meaning of this [ the king is not subject to the law. ] the law above the king in supremacy of constitution in what sense the king may do all things . plutarch in apotheg . l. . the king under the fundamentall laws . whether the king be punishable , or be to he punished . two divers questions . magistratus ipse est judex & executor contra scipsum , in propria causa , propter excellentiam sui officii , l. se pater familia● . & l. & boc tiberius caesar f. de hered . hoc . just . the king above some lawes . the king above lawes that concerne subjects as subjects . some lawyers and schoolemen free the king from the law. reasons to prove that the king is under the law. that a king hath no superiour but god , a false ground to liberate the the king from the coaction of law. argum. . argum. . a tyrant in exercise , may be punished by the confession of our adversaries , winzetus , barclat . hag. grotius . but how this can consist with the doctrine of royalists , i see not : to wit , once a father , alway a father ; once a king , ever a king. none can punish a king , save god almighty , say they . arg. . the king under the strictest obligation of law. arg. . a king remaineth a man , and a sociall creature . sac. sanc . mai. c. . p. , . in what considerations the people is the subject of all politike power . sac. mai. p. , . c. . p. . stollen from arnisaus d● authorit . prin. c. . num , . pag. . if david in his murthering vriah and his adultery sinned against none but god. arg. . the place psa . . against hee only have i sinned , discussed . against thee only , &c. cannot exclude men , as if david had sinned against no mortall men on earth , as royalists would teach . sac. sanct . maj . pag. . gods delivering his people by iudges , and by cyrus nothing against the power of a free people . that the people may swear a covenant for reformation , of religion , without the king , is pro●ed . a twofold exposition of lawes . a rule to expone lawes . the king not the sole interpreter of the law. the kings conscience no rule of judging to the inferiour iudge . the king not the authentick peremtory and lordly interpreter of the law. argum. . ●rgu● . . the will of the king is not the sense of the law. the king is king according to the law , but not king of the law. argum. . arg. . there can be no written law , if the king only be the authentick expositor of the law. imperator so leges in scrinio condere dicit . l. omnium , c. de testam . arg. . arnisaeus de authori . princ. c. . n. . the state of the question concerning resistance . arnisae . . n. . if kings be absolute by divine institution , then all covenants restraining them , must be unlawfull spoiling of kings , of that which god hath given them . resistance in some cases lawfull , according to d. fern. de author . princ. c. . n. . royalists hold it lawfull to resist an inferiour iudge . the exactors of unjust tribute , not easily to be resisted . arguments for the lawfulnesse of resisting unjust violence . argum. . argum. . argum. . argum. . arg. . arg. . the kings person as a man , in concreto and as a king and his office , in abstracto , are very different in this dispute . sacr. sanc . reg. mai. c. . pag. . arnisae . de authoritat . princip . c. . n. n. pag. . every one that commandeth obedience active or passive unjustly , is eatenus , no higher power . arnisaeus . laertius , l. . in plato . the person or the man who is the magistrate , may lawfully be resisted , and the man as using the power lawfully , or the office can not be resisted . arg. ● . pag. . sac. san● . mac . pag . pag. . . arnisaen de potest . prin . c. . . . pag. . sec . . pag. . royalists reasons that to resist the man or person is to resist the king , office or ordinance of god. grot. d● iur . belli & pacis . l. . c. . n. . winzetus velitat . adver . buchanan . barclay , adv . monarchom . l. . c. . we may kill a person as a man , and love him as a sonne , a father , a wife , according to gods , word . how the person and office ●f the ruler are both theobject of our subiection . the question of subjection toucheth the persons as abusing their power . de authorit . princ . c. . n. . loyall subiects beliefe . pag. . sect. . pag. . pilates power to crucifie christ , was no law-power given by god to pilate as a iudge . patient bearing of ill , and resistance , are compatible in one and the same person . resistance not forbidden , pet. . . but patient suffering onely recommended . d. ferne , part . § . p. . suffering and non-resistance passive , fell under no law . christs non-resisting of pilate , no plea against resistance of unjust violence ▪ many things not imitable by us in christs non-resistance . d. ferne , part . §. . p. . conses . remonstrant . suffering not commanded of god formally . we are comparatively rather to suffer , then to deny the truth , but we are not commanded formally to suffer . patience in suffering is commanded , not suffering it self formally . re-offending in ended is contrary to patient subjection . the physicall act of taking away of the li●● make●h not hom●cide . we have a greater dominion over our goods and members ( mutilation excepted ) then over our life . populo quidem hoc casu resistendi actuendi se ab inju●ia potestas competir : sed tuendise tantum ▪ non autem ●●in●ipem in●…di , & resis●end● injuriae illa●ae , n●n re●●dendi a de●●ra reveren●ia — non vim p●…am u●●is●… 〈…〉 ●●● . defen●●ve warres cannot be without offending . d. ferne acknowledgeth violent resisting to be lawfull , but not defensive warres . defensive wars are offensive only by accid●nt . there is ●o holding of an ar●ies hands , or warding of stroakes , ●ut by ●ffensive wars conjoyned by accid●nt with defensive wars . flying is resistance . self-defence naturall . d. ferne alloweth the resistance of denying of tribute to a tyranous prince . apologies , supplications ▪ flight , taking of armes lawfull in self-defence . violent re-offending in self-defence the last remedy . simmons loy●ll subjects belees . re-offending comparatively that i kill ere i be killed , in the court of necessity law●ull the ●leeing of a church or nation not a mean of self-defence alway possible , and so not required of god. a self defence remote , and a self-defence n●ere ▪ hand ▪ when david had saul in his hand , he was in a case of actuall self-defence , saul being in a habituall unjust pursuit ▪ the protestants of the three kingdoms , not in the case that david was in , when he came armed upon king saul sleeping . so d. ferne. the law of universall and particular nature warranteth self-defence . this or that king not the adequat head of the community ▪ fxod . . rom. . the love of our selfe the rule and measure of our love to our neighbour . we are to love our brethrens salvation aobve our l●fe , not their life a●ove our owne . how many wayes a man may preferre the safety of his owne life to the safety of his brother . self defence common to man with beasts . takeing of armes in the law is a soveraigne ground of a d●fensive postu●e . offensive and defensive wars differ in the event and intentions of men , but not physically . a where may not sell her own body for hire . covar ▪ to . . par . . ● . . de furti & rapi restituti §. . n. . the lawfulness of violent resistance of kings cleare from scripture proofes . symmons loyall subject . § ▪ . pag ▪ . davids not invading saul and his men , a case far contrary to the condition of england and scotland now . it is not lawfull to kill the king as jesuits teach . d. ferne his resolving of conscience . sect. . arnisaeus de authorit . prin● ▪ c. . n. . davids example not extraordinary ▪ elisha's fact proveth the lawfulnesse of defensive wars . elisha by no extraordinary spirit resisted joram . loyall subjects beliefe . resistance made to king vzziah proveth the same . va●ib . deturba ●nt eum ex illo l●co , compulsusque ut eg●●de etur . in●● ●● . f●●●inanter eg ●d● eum coe●e●unt , hoc est , extruserunt eum . sam. . the peoples resisting of saul in rescuing jonathan unjustly condemned to die , saith , that the estates of the two kingdomes may swear and covenant to rescue thousands of innocents from the unjust sword of cu●throats of ireland , & papists in england . chald. par. manifestum est quod jonathan peccavit perignorantiam . p. mart. saith with a doubt , si ista seditiose fecerunt — nullo modo excusari possun● . yea he saith , they might suffragiis , with their suffrages free him . jun. the people opposed a just oath to sauls hypocriticall oath . osiander and borhaius justifie the people . p. mar. com. in reg. c. . saith , libnah revoltrd , quia subditos nitebatur cogere ad idololatriam , quod ipsi libnenses pati noluerunt & merito : principibus enim parendum est , verum usque ad aras : the king would compell them to idolatry , and they justly r●volt . d. vatab. in no● . impulit judaeos ad idololatriam , alioqui ●am pronos ad cultum idololorum . the citie of abels revolting , a proof for the lawfulnesse of resistance . the place rom. . discussed . the king onely is not understood in the text. the king is principally understood in the text , rom. . in regard of dignity , but not only in regard of ●ssance . onely nero cannot be understood , rom. . ● , vatab. homines intelligit publica authoritatep●aeditus . the p. prelats poore reasons restraining the text to kings , answered . prelat . sac. sanct. maj . c. . pag. . p. martyr . varia sunt potestatum g●nera — regna , aristoc●atica , politica , tyrannica , oliga●chica — deus etiam illorum author . willet saith the same , and so beza , so tolet. haymo . reasons against the lawfulnesse of resistance made to unjust violence , answered . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 herod . l. . de xerxe . vulgar version and lyra turn 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 an apostate . luk. . . prelat . sac. sanc . maj . c. . n. . the objection that go●s prophets never rebuked non-resistance as a murtherous omission , and that gods people in ▪ scripture never pract●s●d resistanc● , a●d god n●v●r commanded it , f●lly ●nsw●red . nota. rivet . in d●cal . in mand . . pag. . sheweth the reasons , why christ condemned peter , not because he thought self defence unlawfull , but . it had a kind of revenge in it ▪ for so , few could not repel such an army as ca●●● to take christ . . he waited not on christs answer . . he could have defended himself another way . . it was contrary to gods will revealed to peter . the prophets cry against the sin of non-resistance , when they cry against the peoples not executeing judgement for the oppressed , and not relieving those that were crushed in the gate . there is no warrant in the word , by precept , or practice , that the king and cavalliers should rise , and oppose princes and states , in a hostile way , for their conscience . sacr. san●● . . pag. , , . the doctors of aberdeene in their duplyes . tertullian in an errour . the ancient christians did rise in armes against persecuting emperours . inferiour judges have the power of the sword aswell as the king. the people tyed to acts of charity , and to defend themselves , the church , and their posterity against a forreigne army , though the king forbid . we must defend with the sword the church of god , whether the king will or no , except it be said the king may command murther , and discharge us of the duties of the second table . examples of lawfull warres without the king. if the parliament make the king and give to him the sword , the king cannot make the parliament nor use the sword to their destruction . parliamentary power a fountaine power above the king. loyall s●aj . belief● . causes o● w●r make lawfull war , not the sole pleasure of the king. de ●●i●cip . . ● . . it is necessary and lawfull for the states of scotland to help their brethren in england . cases ●n which we are to help our brethren according to divers opinions . we are to help our brethren , though they desire us ●●● . solons testimony . law of the egyptians against those that helped not the oppressed . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 erne captos ad mortem . acts of charity as helping our brethren against unjust oppressions , oblige us , whether the king command them or forbid them . loyall subjects beliefe . sect . . pag. . sacr. sanct . reg. maj . c. . pag. . . the question concerning the excellency of monarchy above other formes , various according to divers considerations . an absolute monarchy the baddest of governments epiminondas his watchfulnesse . a power to sin worse then a power of non-sinning . monarchy in it selfe considered is the best government . every forme in some construction , best . a mixed monarchy , b●st . tolossan . de rep. l. . c. . bar●l . cont . monarch . l. . c. . symmons loyall subj . unbeliefe . §. . pag. . a threefold supreame power . what be jura regalia or jura majestatis . arnisaeus de 〈…〉 . ma● . ● . . ● . pag. ● . . kings con●●r honours , as rewards of vertue as they punish ildoers , not because they are absolute , but according to law . the law of the king sam . . . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a farther consideration of the place . sam. . . . difference of kings and judges . the law or manner of the king sam. . . no permissive law of god as was the law of a bill of divorcement . god cannot make a permissive law tending to the destruction of a whole national church and kingdome ▪ what dominion the king hath over the goods of the subject . the peoples power over the king by reason of the coronation ▪ covenant . mutuall punishments may be , where there be no mutuall relations of superiority and inferiority . a promise layeth a politique obligation on the promiser , and giveth law to him to whom the promise is made , to presse performance , or punish violation , when the promises are betwixt man and man. three kindes of oathes or covenants ●●de by kings as arnisaeus thinketh . the king not king 〈…〉 ●● first ●wear the o●●h . it is an evasion onely to distingu●sh between the kings promis●s and his oath . grotius de jur ▪ bel . & pat . l. . c. . barclai . l. . c. . a king cannot swear to be a just king , because he is already king. bartol . in . l. . n. . de his qui not . infam . arnisae . cap. . an princeps qui iura● subditis , &c. ●o . ro●● . de potest . pa. lib. . c. . b. rochester . a difference betwixt a father and a king. a people may give royall power to the king by limitation and measure : but people can give no gift which is solely and immediately from god , by measure : they cannot measure god. sacr. san . reg . maj . c. . pag. , . an. . coronation of king charls in scotland . l. . defens . fid . orth. c. . n. , . the p. prelate is a papist . iesuites tenents concerning kings . tract . contra primatum regis angliae . calvin iust . l. . c. . sac. sanc . mai. c. . p. , . soveraigne power in the king , but not power of tyrannie . the king not the vicegerent of christ , as mediator . the king not the head of the church . the prelates reason proveth all creatures to be the vicegerents of christ , as mediator . reas . p. . the king no mixed person , or half clergie man , in the externail government of the church , as the p. p. dreameth . parl. king charles , a● . . the p. prelate prayeth for the pope . the power of presbyteries ministeriall . p. prelates deny kings to be subject to the gospel and discipline of christ . pag. . the ministeriall power of pastors what . page . the p. prelate maketh the king a church-man . the p. prelate giveth an arbitrary power of government , in christs-church to the king. prelates extend a lawlesse prerogative to the government of the church . two supremes under christ ; one in the church , another in the state , are not absurd . p. , , . the king not the servant of the church . ruling elders not lay-men . the king of scotland not above laws and parliaments , proved from our acts of parliament . the king of scotland's oath at his coronation . how the king is supreme iudge in all causes . the estates of parliament do append their collaterall seales with the great seal , in treaties with forraigne princes . angl. conf. art . . sed eam tantum prerogativam aequam in sacris scripturis à deo ipso omnibus piis princibus semper fuisse tributam , hoc est , ut omnes status atque ordines fidei , sive commlssos , sixe illi ecclesiastiei sint , sive civiles , in officio ●ontineant , & ●ontumaces ac delinquente● gladio civili ●oerceant . w. laud and other prelates enemies to parliaments . the parliaments of scotland doe regulate , limit , and set bounds to the kings power . fergus the first king of scotland no conquerour , but a freely elected prince . a fundamentall law of elective kings in scotland . the parliaments of scotland chosed kings . the oath of galdus the . king of scotland . kings of scotland censured and punished by the parliament . kings of scotland of old had no negative voyce . buchan rer. scot. l. . coronation oath . parliaments of scotland by law are to decide who should raigne . how royaltie is the first and naturall government . many rulers over a great multitude , more naturall than one . to resist the will , is not to resist the power . pag. . it is no good consequence : christ and the apostles used not violent resistance to spread the gospel , ergo , such resistance is unlawfull . the coronation of the king , in concreto , is more then a ceremonie . men may limit the power that they gave not . arnisaeus de authorit . princi . c. . n. . subiects not more obnoxious to a king then clients , vassals , children . servi indignè habiti confugiendi ad statuas , & dominum mutandi copiam habent , l. . de his qui sunt sui . item , c. de lat . hered . toll . arnisaeus de authori . principum●in popul . c. . n. . subjects in active obedience must subject to a kings lawfull commandement : but in things unlawfull , they are not naturally subject , in passive subjection . whether king vzzah was dethroned . arnisaeus de jure pontif. rom. in regna & princ. c. . n. . bellarm. de p●nit . l. . c. . deniall of passive obedience in things unjust not dishonourable to the king , more then deniall of active obedience in these same things . loyall conv●rt , page . the king may not make away a part of his owne dominions . ferdinan . vasquius illustr . quest . l. . c. . n. . juri alieno quisquam n●c in minima parte obesse potest . l. id quod nostru . f. de reg . jur . l. jur . natu . cod . titul . l. how subjects are obliged to pay the kings debts . subsidies the kingdoms due rather then the kings . in how many divers notions the seas , forts , castles , militia , road-wayes , are the kings : and how more properly they are the kingdomes . mr. speakers speech before his majestie and both houses of parliament, after his returne from scotland, upon passing the bill for tunnage and poundage, on thursday the . of december, relating the present distempers of england and ireland also, the king's most excellent majestie's speech to the honourable house of parliament the same thursday deceb. , . lenthall, william, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing l ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing l estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) mr. speakers speech before his majestie and both houses of parliament, after his returne from scotland, upon passing the bill for tunnage and poundage, on thursday the . of december, relating the present distempers of england and ireland also, the king's most excellent majestie's speech to the honourable house of parliament the same thursday deceb. , . lenthall, william, - . charles i, king of england, - . [ ] p. printed for john greensmith, london : . attributed by wing to lenthall. reproduction of original in harvard university library. eng great britain -- history -- charles i, - . great britain -- politics and government -- - . a r (wing l ). civilwar no mr. speakers speech before his majestie, and both the houses of parliament, after his returne from scotland, upon passing the bill for tunna lenthall, william d the rate of defects per , words puts this text in the d category of texts with between and defects per , words. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - jonathan blaney sampled and proofread - jonathan blaney text and markup reviewed and edited - pfs batch review (qc) and xml conversion mr. speakers speech before his majestie , and both the houses of parliament , after his returne from scotland , upon passing the bill for tunnage and poundage , on thursday the . of december . relating the present distempers of england and ireland . also , the kings most excellent majestie's speech to the honourable house of parliament , the same thursday decemb. . . london , printed for iohn greensmith , . most dread soveraign● , the observation taken from the unlike compositions , and various motions of the world , made the philosopher conclude , tota hujus mundi concordia ex discordibus constat . the happy conjuncture of both these nations in the triumph and ioy of your sacred presence , extracted from the different and divided dispositions and opinions , gives us c●use to observe and to admire these blessed effects from such contrary causes . we may without flattery commend your sacred majesty , the glorious instrument of this happy change , whose piety and prudence , directed by the hand of god , hath contracted this union from these various discord . the story of these times will seeme paradox●● in following generations , when they shall he●re of peace sprung from the root of dissention , of union planted upon the stocke of divisio●s , two armies in the field both ready to strike the first blow , and both united without a stroke . nothing can reduce these truths into a beliefe , but the knowledge of your piety and justice , who hath accomplisht these acts of wonder by goodnesse , and gentlenesse , without force and violence . this way of conquest , this bellum in cruentum , hath been the rule of the most valiant and puissant monarchs , advancing your glory , in safe guard of one subject , more in the death of a thousand enemies . thus have you erected a monument of glory to your sacred memory for all generations . and as your care and piety for the welfare of your northerne kingdome called you to that worke for the great comfort of your people which your wisnome hath so happily consummated : so now the distemper of your other kingdome ( fomented by the same spirits , whose presence admits no peace in israel ) calls on your providence to h●ale the diseases of that nation . the one from whence you returned , hath with abell ( though the elder brother ) offered an acceptable sacrifice : the other with cam hath erected altars of blood and revenge ( the old jmmolations of ●esuiticall priesthood ) which invokes the necessity of your justice . the one to a naturall , hath added a politieke brotherhood . the other of brothers ( j am sorry to say it ) are become strangers . the fidelity of the one hath written a story of admiration to the world . the disloyaltie of the other hath paralell'd that horrid designe ( matchlesse before amongst all generations ) first in their intention , the destruction of a kingdome , even then when unity and peace was tying the knot of religion and safety . in the discoverie a moment of time prevented the execution . in the actors ( jesuites and priests ) without whom the malice of the devill could not have found a party in the world fitted to act over the like bloudy tragedy . but this amongst our many joyes we receive by your happie returne is not the least , nay the greatest , that that providence which protected that gracious king , your most religious father , from that bloudy attempt , and increased the blessing of a long and happie raigne , hath also defended your sacred throne from all their machinations . thus we see religion is the greatest policie , the never-failing support of king and kingdome , that which firmes your and your posterity to your throne , and our duty and obedience to it . give me leave here most gracious soveraigne , to summe up the sense of eleven moneths observation without intermission ( scarce ) of a day , nay an houre in that day , to the hazzard of life and fortune , and to reduce all into this conclusion , the endeavours of your commons assembled , guided by your pious and religious example , is to preserve religion in its purity without mixture or composition , against these subtile invadors ; and with our lives and fortunes to establish these thrones to your sacred person , and those beames of majestie , your royall progeny , against treason and rebellion . the wayes that conduce to this end are the defence of the land and sea , for the one , we have already voted to raise monies , for the other , this bill in some measure will accomplish for a little time , and to that end j by the command of the commons ) humbly beseech your royall assent . his majesties speech the . of december . i am to speake a word unto you , since j have bin so long absent from you ; it is no way in answer to the learned speech of mr. speaker : but yet j shall touch one point of it-concerning ireland ; but first i must tell you , though j have been absent longer then indeed j did expect , or could have bin expected by you , yet j stayed no longer in scotland then the necessity of those affayres would absolutely permit ▪ and indeed i have therein done so much good , that j will boldly affirme vnto you , that j have left the people a most contented and happy nation ; that if j did misreckon a little in time j doe not misreckon in the end . now though j have deceived you a little of your expectation in point of time , j confesse you have deceived my expectation in finding of businesse here ; for j had thought to have found things in quietnesse and settled both for religion and peace of this kingdome , but i found distractions , such as j could not expect , jn so much , as the parliament was thought fit to be guarded , this i speake not any way to seeke out a fault , or to have any distrust of the hearty affections of my subjects , but on the contrary when j came here ( as you all see ) j found the affection of my people vnto me , to my great comfort . now i assure you , j come with the same affection that you or any good people of the world could wish , for i am so farre from disliking any thing that j have done hitherto , that if it were to doe againe ( in the favour and good of my people ) that i protest j would doe it againe . and whatsoever may be justly expected of me for the securing of religion and liberty of my people , i shall not faile to doe it , and therefore i shall mention no particular at this time , but onely that great particular of ireland , which mr. speaker did mention , of which i doe not doubt , but you have had a great care , yet me thinkes , things goe on slowly ; and j mention this more reasonably , because a couple of noble men are come out of scotland according to the petition and jnstructions , which it pleased both houses to send vnto me at barwicke , which i instantly dispatched to the chancelor , who now have the disposing of all things , j spoke to them this morning , and i decreed both houses to appoynt a select committee and make an end of that businesse with them . i have but this word more to say , that i assure you , i have no other end but the happinesse of my people , for their flourishing , is my greatest glory , and their affection , my greatest strength . finis . a discourse betwixt lieutenant colonel iohn lilburn close prisoner in the tower of london, and mr hugh peter: upon may . . published by a friend, for the publick benefit lilburne, john, ?- . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing l ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing l estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a discourse betwixt lieutenant colonel iohn lilburn close prisoner in the tower of london, and mr hugh peter: upon may . . published by a friend, for the publick benefit lilburne, john, ?- . peters, hugh, - . p. [s.n.], london : printed in the year . reproduction of original in the folger shakespeare library. eng great britain -- politics and government -- - -- early works to . great britain -- history -- civil war, - -- early works to . a r (wing l ). civilwar no a discourse betwixt lieutenant colonel iohn lilburn close prisoner in the tower of london, and mr hugh peter: upon may . . published b lilburne, john c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion a discovrse betwixt lieutenant colonel iohn lilburn close prisoner in the tower of london , and mr hugh peter : upon may . . published by a friend , for the publick benefit . mat. . , . beware of false prophets , which come to you in sheeps clothing , but inwardly they are ravening wolves . ye shall know them by their fruits : do men gather grapes of thorns , or figs of thistles ? london , printed in the yeer . a discourse betwixt lieut. col. john lilburn , close prisoner in the tower of london , and mr hugh peter ; upon friday may , . this present friday mr. peters , with one doctor maysey of kingston , and a captain of m. burton's congregation that i have known formerly in major general craford's regiment of foot , with the lieutenant of the tower , and my keeper , came into my lodging , where they found my wife and my self at dinner ; and after salutes of each other , mr. peter told me to this effect , that he had at or neer the custome house , received an affront , for which he came to the lieutenant of the tower for reparation , and so was resolved to see me , being here , and kill two birds with one stone ; and being newly come from sea , and hearing i was here , he meerly came to give me a visit , out of no other designe in the world , but meerly a bare visit . i replyed to this purpose ; mr. peter , i know you well enough , and you know that i know you to be one of the setting-dogs , or stalking-horses of the great men of the army , with fair and plausible pretences to insinuate into men when they have done them wrong , and to work out their designes when they are in a strait , and cover over their blots that they have made , when they grow so visible , that they cannot well be hid , but will appear to their shame . he wondering that i entertain'd him with such a guage for his friendly visiting me ( as he call'd it ) i told him in effect , it was no halting before a creeple , for i knew him well enough , and those to whom he belonged . but he sate him down and ate and drunk with me , and fell a wondering at all the stirs here , and what should be the cause of the late bloud that was shed . i told him in effect , his great masters could better inform him of that then i . said he , they say , your bustling hath occasioned it . truly sir , i say , their injustice , oppression and tyranny hath done it : and i am sure , i fetch'd not them out of white-hall , or any other of their lodgings ; but they fetch'd me out of winchester-house , out of my bed and habitation , from my wife and children , and carried me to their thing called a councel of state , who ( like a company of righteous judges , the clean contrary way ) committed me to prison in the nature of a traytor , before ever they let me see accuser , accusation , prosecutor , or witnesse , or any due processe of law : and yet time was , when the king impeached kimbolton and the five members , and preferred a charge of seven articles against them of high-treason in the highest nature , recorded . part book decl. pag. . and onely failed in a single punctilio of due process of law , that they cryed out , it was such an invasion of the peoples liberty , that four or five peccavies and recantations from him , recorded in their own declarations , would never serve their turn : but yet forty times more illegalitie exercised by themselves upon me , must be legall , just , and right in your great , just and righteous masters , that now have a prerogative and priviledge , they can neither say , do , nor act evill , although they commit me to prison without any crime pretended , or without ever letting me see accuser , or accusation , prosecutor or charge ; and yet into the bargain , deal worse with me then ever the heathen and pagan romans dealt with paul , who had nothing but the depraved light of nature to guide them , and yet in all his imprisonment never forbad or hindered any of his friends to visit or relieve him , although he were accused for a pestilent fellow , and a turner of the world up side down : but they lock me up in a close room , with centinels at my door , and will not so much as at a distance let me speak with my friends ; nay , and for severall days would not so much as let me see my wife : and yet , mr. peter , these are your religious , godly , consciencious masters . and if this be the fruits of their saint-ship and religion , i do assure you , the divel is as good , if not a better saint : for he beleeves and trembles , which is more then i think they do : and if the sun shining upon the dunghill , make it stink , whether is the fault in the sun or the dunghill ? so , being at dinner with a summers diet , the lieut. of the tower told me , i fared sutable to my allowance . what ? saith mr. peter , do they give him allowance ? i , saith the lieutenant , they would allow him twenty shillings a week , and he refuseth it . sa●d i to this purpose , sir , forty shillings a week ( as diet is now ) will not provide me such meat : and besides , mr. peter , do your great masters think , that my captivitie shall make me value my self at the rate of such a scoundrell fellow ( having been a lieutenant colonel in their service ) as to accept of twenty shillings a week , when the king ( whom they beheaded for a tyrant ) allowed to the meanest ordinary man that ever he sent hither , three pound a week . i am sure , they have five times the kings revenue , and things are twice as dear as they used to be : and if they will imitate him in all his basenesse , nay , and far out strip him , i will hold them to it a little , to imitate him in some of his vertues ; and therefore , unlesse they will allow me the allowance that is the custome of the place , i will have none of it : and you may tell them from me , i scorn to be fed by them with a bit and a knock . a little after , mr peter casting his eye upon my law-books , takes up one of cook's institutes , and professed , i was meerly gull'd in reading or trusting to these books , for there was no laws in england . i answered to this effect , that i did beleeve what he said ; for they ( meaning his great masters , cromwel , fairfax , &c. ) had destroyed them all . nay , saith he , i tell you , there never was any in england . no ( said i ) ? and taking up my statute-book , i turned him to the petition of right , and asked him whether that be a law or no ? no , saith he , it is none : and i would fain have you to define what law is . mr. peter , said i , i will not take upon me to define what law is in your sense , or in my own ; but i will turn you to a definition in the parliaments sense in their own book of declarations ; which i read to him , as followeth : the law is that which puts a difference between good and evill , betwixt just and unjust : if you take away the law , all things will fall into confusion , every man will become a law unto himself ; which in the depraved condition of humane nature , must needs produce many great enormities : lust wil become a law , and envie will become a law , covetousnesse and ambition will become laws ; and what dictates , what decisions such laws will produce , may easily be discerned . so , mr peter , here is a definition of law by the parliament in the days of their primitive puritie , before they had corrupted themselves with the common-wealths money . and elsewhere it is their language , that the law is the safeguard , the custodie of all private interests ; your honours , your lives , your liberties and estates are all in the keeping of the law : without this every man hath a like right to any thing . and elsewhere the law is called that right line that discovereth that which is tort crooked , or wrong ; the law is that right line that measures it self and a croked line : the law is the best birth-right the subject hath ; for thereby his goods , lands , wife , children , his bodie , life , honour , and estimation are protected from injury and wrong , being the surest sanctuarie that a man can take , and the strongest fortresse to protect the weakest of all . to every one of us there comes a greater inheritance by right and the law , then by our parents . yea , and it is further said by their oracle , it is a miserable servitude or bondage where the law is uncertain , or unknown . he answers to this effect , i tell you saith he , for all this , there is no law in this nation , but the sword , and what it gives ; neither was there any law or government in the world , but what the sword gave and set up . unto which i replyed to this purpose , mr peter , i look upon you as one of the principall guids of the army , and a man that doth from time to time speak very much the sence of the leaders of the army , being you lie in their bosomes , and know their secrets , and is much used by them , to trumpet abroad their principles and tenents ; but sir , let me tell you withall , if your reasoning be sound and good , then if six theeves meet three , or four honest men , and because they are stronger then they , rob them , that act is righteous , sound and good , because their swords are stronger then the others ; and if any power be a just power that is uppermost because it is up , i wonder how you of the army , and they of the parliament can acquit your selves of being rebels and traytors before god and man , in resisting and fighting against a just power in the king , who was a power up , & fenced about with abundance of laws so reputed in the common acceptation of english men , by the expresse letter of which i am sure of it , all those who ever they be that shall rise in armes against him , are ipso facto traytors ; and i would faine know , if it were not for the preservation of the laws , that holds out the peoples liberties & freedomes , that the parliament and army engaged in theirs , against the king a just power , because he was up upon your own grounds ; what can you or any other make rationally to be the ground of the the wars ? but sir , in short and in plain english , let me tell you , that if there be now no law in england , nor never was , that then you and your great masters , cromwell , fairfax , and the parliament , are a pack of arrant bloody rogues and villaines , in setting the people together by the ears , to fight for the preservation of their laws , in which their libertie is contained ( which is the principall declared cause of the warre from the beginning to the end of the war never ) if there were no such thing in being as law in england : at which mr peter was much startled , and much condemned my harsh language , though it be farre short of what christ himselfe used to his ( viz. mr peters ) brothers , the scribes and pharisees , upon the like occasion , mat. . . where he saith , wo unto you scribes and pharisees , hypocrites ; for yee devoure widowes houses , and for a pretence make long prayer ; therefore yee shall receive the greater damnation : and in verse , , , , , , , , , , , , he saith , wo unto you , scribes and pharisees , hypocrites ; for ye pay tithe of mint , and anise , and cummin , and have omitted the weighty matters of the law , judgment , mercy , and faith : these ought ye to have done , and not to leave the other undone . ye blind guids , which strain at a gnat , and swallow a camel . wo unto you , scribes and pharisees , hypocrites ; for ye make clean the outside of the cup , and of the platter , but within they are full of extortion and excesse . thou blind pharisee , cleanse first that which is within the cup and platter , that the out-side of them may be clean also . wo unto you , scribes and pharisees , hypocrites ; for ye are like unto whited sepulchers , which indeed appear beautifull outward , but are within full of dead mens bones , and of all uncleannesse . even so ye also outwardly appear righteous unto men , but within ye are full of hypocr●sie and iniquitie . wo unto you , scribes and pharisees , hypocrites ; because ye build the tombs of the prophets , and garnish the sepulchers of the righteous , and say . if we had been in the dayes of our fathers we would not have been partakers with them in the blood of the prophets . wherefore ye be witnesses unto your selves , that ye are the children of them which killed the prophets . fill ye up then the measure of your fathers . and in the th of john , when the jews in their works and actions denyed abraham and god to be their father , and yet in words owned them both for their father , verse . . christ in the verse , tels them plainly , ye are of your father the devill , and the lusts of your father ye will do : he was a murtherer from the beginning , and aboade not in the truth , because there is no truth in him . wh●n h● speaketh a lie , he speaketh of his own : for he is a liar , and the father of it . and the apostle paul's exhortation to his followers , is to reprove such notorious hypocriticall workers of iniquitie sharply . but after he had sufficiently condemned my language in speaking plain english , which i say , is the whole current of the scripture to incorrigible dissembling men as they are : he again and again protested and desired the company to beare witnesse , that he in saying , there was no law in england , did not speak the sence of the army , but his own proper opinion , and also protested , he had no design in comming to me , but a bare visit ; and wondered i would be so hot at him for his love ; and he was farre enough from any of their designs : i replyed to this purpose , mr peter , you know i know you well enough , and i tell you , in a play , every player hath his part , yea even the seeming fool , and many times they act with a seeming violence , and against one another ; but they all center in this end to get the spectators money from them ; i leave you to make application : and i tell you moreover , the last year , when the stirs began , when sir john maynard , and the four aldermen were prisoners here at the tower , you came and took up your lodging at col. whits , under pretence of reposing your selfe , and being nigh your businesses , being bound in all haste to new-england as you said , although you never intended it , i am confident of it , in the least , but meerly came hither upon a design finely coloured over , to work a complyance in sir john maynard , and the four aldermen to your great masters , that so seeing the city baffled of their liberty , they might come off with as little losse of reputation in their deliverance as might be ; and i believe some such thing if not worse in the bottom of your visiting of me at this time : but he replyed very bitterly and earnestly , againe and againe , calling god to witnesse , he had no design the last year upon sir john maynard , and the aldermen , in his comming to the tower , nor upon me in his comming to visit me ; and told me , i need not be so passionate , there was no feare of the losse of my life : to which i replyed , to this effect ; sir , i know you , and your masters so well , and that you have so couzoned and cheated all parties and interests that ever you dealt with , so visibly and evidently , never keeping either faith , promise , or engagements with any of them , longer then it served your present turns ; it being beyond a maxime long since amongst some of you so to do , that i doe protest unto you , both for you and them , i will not believe one word yee say , swear , or protest , but the more earnest you or they are in any of them , the more jealous i will be of you ; and therefore know this for hereafter , that where ever i meet your masters , or any of their under depending tribe , i will be upon my guard , as though i were amongst a company of the arrentest cheaters and deceivers in the world ; by whom i hope i shall never be cozoned any more with credulity and honesty ; for i will never hereafter believe you , though i should bee glad you would deceive me once againe in doing good to the poore nation , for it is easily in you power ; but i believe you will never doe it ; and for my life , if i were to lay it down to morrow , i would scorn to beg or intreat for it , from any of your masters ; and if it be in no danger , it is no thanks to them , for i am confidently perswaded in my very heart , it is not mine an hour longer , then they dare take it away , either by hook or crook , but it may prove a choak pear to them , when ever they goe about it . but sir , said i , i thought i had been safe enough , when i squared my actions by the rules of those laws that they have often sworn , declared , and promised year after year , and month after month to maintain and defend ; and make as the standard or touchstone betwixt them and the people , as they have done with the petition of right , &c. i but saith he , i will shew you your great mistake in that particular , and that your safety ●●es not therein : so i longed to hear that . well , saith he , their mindes may change , and then where are you ? i but sir , said i , i cannot take notice of what is in their mindes to obey that ; but the constant declaration of their mindes , ( without ever so much as in any one declaration contradicting it ) as that they will maintain the petition of right , and the liberties therein contained , must bee the rule of my obedience : and the petition of right , by reason of their constant declarations to preserve it , i make the rule of my obedience and actings amongst men , and think i shall be safe thereby : but when they shall publiquely declare , they scorn the petition of right , and will neither maintain that nor any other laws or compacts amongst the men of this nation , but what flows daily from their wils and pleasures ; i shall alter my minde , and expect no benefit by the petition of right ; but when that is , let me tell you , i shall rather desire to live in turkie under the great turk , then in england under your religious masters at white-hall and westminster , for there is no such tyrant or persecuter in the world , as an apostate , that one turns his back of justice , righteousness and truth : but mr. peter , as for things at present , tell your masters from me , that if it were possible for me now to chuse , i had rather chuse to live seven years under old king charls his government , ( nothwithstanding their beheading him as a tyrant for it ) when it was at the worst before this parliament , then live one year under their present government that now rule : nay , let me tell you , if they go on with that tyranny they are in , they will make prince charl● have friends enow , not only to cry him up , but also really to fight for him to bring him into his fathers throne , that so they may have their just desires of perfidious cruel bloody tyrants , and the people of the land some ease and rest from their insupportable burthens and oppressions : yea , and for my particular , i must aver unto you , i had rather by many degrees chuse to live under a regulated and wel-bounded king without tyrannie , then under any government with tyranny . here is the substance of my discourse with mr. peter , saving i pinched him a little particularly upon his great masters large fingering of the common-wealths money , which was no better then theft in them , and state-robbery in the highest , ( as i told him . ) i but , saith he , ●reton hath got none : then , said i , former reports are false ; and besides , if he have not , what need he , when his father-in-law gets so much for them both , as or l. per annum at one clap ; with well-nigh twenty thousand pounds worth of wood upon it , if parliament mens relations may be beleeved : besides , the people that know them , know the father and son piss both in one gullie ; though they seem somtime to go one against another , yet it is but that they may the more easily and throughly drive on the main design of them both : viz. to make the people slaves . and so farewell mr. peter . finis . advice to a daughter as to religion, husband, house, family and children, behaviour and conversation, friendship, censure, vanity and affectation, pride, diversions : to which is added the character of a trimmer, as to the laws and government, protestant religion, the papists, forreign affairs / by the late noble m. of h.. lady's new-year's gift halifax, george savile, marquis of, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; 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(eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) advice to a daughter as to religion, husband, house, family and children, behaviour and conversation, friendship, censure, vanity and affectation, pride, diversions : to which is added the character of a trimmer, as to the laws and government, protestant religion, the papists, forreign affairs / by the late noble m. of h.. lady's new-year's gift halifax, george savile, marquis of, - . coventry, william, sir, ?- . the sixth edition. [ ], , p. : port. printed for m. gillyflower and b. tooke, [london] : . "the character of a trimmer" is given first on the film and has a t.p. which reads: the character of a trimmer ... the third edition. the advice to a daughter follows the character of a trimmer and has a t.p. which follows the general t.p., and reads: the lady's new-year's gift, or, advice to a daughter ... the sixth edition, exactly corrected. the first three editions of the character of a trimmer were erroneously ascribed to sir william coventry: now established as the work of his nephew, george savile, marquis of halifax. cf. dnb. place of publication from wing. reproduction of original in british library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng young women -- conduct of life. great britain -- politics and government -- - . - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - ali jakobson sampled and proofread - ali jakobson text and markup reviewed and edited - pfs batch review (qc) and xml conversion depiction of a woman advice to a daughter , as to religion , husband , house , family and children , behaviour and conversation , friendship , censure , vanity and affectation , pride , diversions . the sixth edition . to which is added the character of a trimmer , as to the laws and government , protestant religion , the papists , forreign affairs . by the late noble m. of h. printed for m. gillyflower and b. tooke , . the lady's new-year's-gift : or , advice to a daughter , under these following heads : viz. religion , husband , house , family and children , behaviour and conversation , friendships , censure , vanity and affectation , pride , diversions . the sixth edition , exactly corrected . london , printed by w. h. for m. gillyflower , at the spread-eagle in westminster-hall , . licensed , jan. . . rob. midgley . the character of a trimmer , his opinion of i. the laws and government . ii. protestant religion . iii. the papists . iv. foreign affairs . by the late noble m. of h. the third edition . london , printed for m. gillyflower and b. tooke , . the preface . it must be more than an ordinary provocation than can tempt a man to write in an age over-run with scriblers , as egypt was with flies and locusts : that worst vermin of small authors has given the world such a surfeit , that in●te●● of desiring to write , a man would be more inclin'd to wish , fo● h●● own ease , that hecould not read ; but there are some things which do so raiseour passions , that our reason can make no resistance ; and when madmen , in two extreams , shall agree to made common sense treason , and joyn to fix an ill character upon the only men in the nntion who deserve a good one ; i am no longer master of my better resolution to let the world alone , and must break loose from my more reasonable thoughts , to expose these false coyners , who would make their copper wares pass upon us for good payment . amongst all the engines of dissention , there has been none more powerful in all times , than the fixing names upon one another of contumely and reproach , and the reason is plain , in respect of the people , who tho' generally they are uncapable of making a syllogism or forming an argument , yet they can pronounce a word ; and that serves their turn to throw it with their dull malice at the head of those they do not like ; such things ever begin in jest , and end in blood , and the same word which at first makes the company merry , grows in time to a military signal to cut one anothers throats . these mistakes are to be lamented , tho' not easily cured , being suitable enough to the corrupted nature of mankind ; but 't is hard , that men will not only invent ill names , but they will wrest and misinterpret good one ; so afraid some are even of a reconciling sound , that they raise another noise to keep it from being heard , left it should set up and encourage a dangerous sort of men , who prefer peace and agreement , before violence and confusion . were it not for this , why , after we have played the fool with throwing whig and tory at one another , as boys do snow-balls , do we grow angry at new a name , which by its true signification might do as much to put us into our wits , as the other has done to put us out of them ? this innocent word trimmer signifies no more than this , that if men are together in a boat , and one part of the company would weigh it down on one side , another would make make it lean as much to the contrary ; it happens there is a third opinion of those , who conceive it would do as well , if the boat w●nt even , without endangering the passengers ; now 't is hard to imagin by what figure in language , or by what rule in sense this comes to be a fault , and it is much more a wonder it should be thought a heresy . but so it happens , that the poor trimmer has now all the powder spent upon him alone , while the whig is a forgotten , or at least a neglected enemy ; there is no danger now to the state ( if some men may be believed ) but from the beast called a trimmer , take heed of him , he is the instrument that must d●stroy church and state ; a new kind of monster , whose deformity is so expos'd , that , were it a true picture that is made of him , it would be enough to fright children , and make women miscarry at the sight of it . but it may be worth the examining , whether he is such a beast as he is ●ainted . i am not of that opinion , and am so far from thinking him an infidel either in church or state , that i am neither afraid to expose the articles of his faith in relation to government , nor to say that i prefer them before any other political creed , that either our angry divines , or our refined states-men would impose upon us . i have therefore in the following discourse endeavour'd to explain the trimmer's principles and opinions , and then leave it to all discerning and impartial judges , whether he can with justice be so arraign'd , and whether those who deliberately pervert a good name , do not very justly deserve the worst that can be put upon themselves . the trimmer's opinion of the laws and government . our trimmer , as he has a great veneration for laws in general , so he has more particular for our own , he looks upon them as the chains that tye up our unruly passions , which else , like wild beasts let loose , would reduce the world into its first state of barbarism and hostility ; the good things we enjoy , we owe to them ; and all the ill things we are freed from is by their protection . god himself thought it not enough to be a creator , without being law-giver , and his goodness had been defective towards mankind in making them , if he had not prescribed rules to make them happy too . all laws flow from that of nature , and where that is not the foundation , they may be legally impos'd , but they will be lamely obeyed : by this nature is not meant that which fools and madmen misquote to justify their excesses ; it is innocent and uncorrupted nature , that which disposes men to chuse vertue , without its being prescrib'd , and which is so far from inspiring ill thoughts into us , that we take pains to suppress the good ones it infuses . the civilized world has ever paid a willing subjection to laws , even conquerors have done homage to them ; as the romans , who took patterns of good laws , even from those they had subdued ; and at the same time that they triumph'd over an enslav'd people , the very laws of that place did not only remain safe , but became victorious ; their new masters , instead of suppressing them , paid them more respect than they had from those who first made them : and by this wise method they arrived to such an admirable constitution of laws , that to this day they reign by them ; the excellency of them triumphs still , and the world pays now an acknowledgment of their obedience to that mighty empire , though so many ages after it is dissolved ; and by a later instance , the kings of france , who , in practice use their laws pretty familiarly , yet think their picture is drawn with most advantage upon their seals , when they are placed in the seat of justice ; and tho' the hicroglyphick is not there of so much use to the people as they would wish , yet it shews that no prince is so great , as not to think fit , for his own credit at least , to give an outward , when he refuses a real worship to the laws . they are to mankind that which the sun is to plants , whilst it cherishes and preserves ' em . where they have their force & are not clouded or supprest , every thing smiles and flourishes ; but where they are darkened , and not suffered to shine out , it makes every thing to wither and decay . they secure men not only against one another , but against themselves too ; they are a sanctuary to which the crown has occasion to resort as often as the people , so that it is an interest as well as a duty to preserve them . there would be no end of making a panegyrick of laws ; let it be enough to add , that without laws the world would become a wilderness , and men little less than beasts ; but with all this , the best things may come to be the worst , if they are not in good hands ; and if it be true that the wisest men generally make the laws , it is as true , that the strongest do often interpret them : and as rivers belong as much to the channel where they run , as to the spring from whence they first rise , so the laws depend as much upon the pipes thro' which they are to pass , as upon the fountain from whence they flow . the authority of a king who is head of the law , as well as the dignity of publick justice , is debased , when the clear stream of the law is puddled and disturbed by bunglers , or convey'd by unclean instruments to the people . our trimmer would have them appear in their full lustre , and would be grieved to see the day , when , instead of speaking with authority from the seats of justice , they should speak out of a grate , with a lamenting voice like prisoners that desire to be rescu'd . he wishes that the bench may have a natural as well as a legal superiority to the bar ; he thinks mens abilities very much misplac'd , when the reason of him that pleads is visibly too strong for those who judge and give sentence . when those from the bar seem to dictate to their superiours upon the bench , their furrs will look scurvily . about them , and the respect of the world will leave the bare character of a judge , to follow the essential knowledge of a lawyer , who may be greater in himself , than the other can be with all his trappings . an uncontested superiority in any calling , will have the better of any distinct name that authority can put upon it , and therefore if ever such an unnatural method should be introduc'd , it is then that westminster-hall might be said to stand upon its head , and though justice it self can never be so , yet the administration of it would be rendered ridiculous . a judge has such power lodg'd in him , that the king will never be thought to have chosen well , where the voice of mankind has not before-hand recommended the man to his station ; when men are made judges of what they do not understand , the world censures such a choice , not out of ill-will to the men , but fear to themselves . if the king had the sole power of chusing physicians , men would tremble to see bunglers preferred , yet the necessity of taking physick from a doctor , is generally not so great as that of recieving justice from a judge ; and yet the inferences will be very severe in such cases , for either it will be thought that such men bought what they were not able to deserve , or which is as bad , that obedience shall be lookd upon as a better qualification in a judge , than skill or integrity , when such sacred things as the laws are not only touchd , but guided by prophane hands ; men will fear that out of the tree of the law , from whence we expect shade and shelter , such workmen will make cudgels to beat us with , or rather that they will turn the cannon upon our properties , that were intrusted with them for their defence . to see the laws mangled , disguised , speak quite another language than their own , to see them thrown from the dignity of protecting mankind , to the disgraceful office of destroying them ; and , notwithstanding their innocence in themselves , to be made the worst instruments that the most refined villany can make use of , will raise mens anger above the power of laying it down again , and tempt them to follow the evil examples given them of judging without hearing , when so provoked by their desire of revenge . our trimmer therefore , as he thinks the laws are jewels , so he believes they are no better set , than in the constitution of our english government , if rightly understood , and carefully preserved . it would be too great partiality to say they are perfect or liable to no objection ; such things are not of this world ; but if they have more excellencies and fewer faults than any other we know , it is enough to recommend them to our esteem . the dispute , which is a greater beauty , a monarchy or a common-wealth , has lasted long between their contending lovers , and ( they have behav'd themselves so like lovers , who in good manners must be out of their wits , ) who used such figures to exalt their own idols on either side , and such angry aggravations , to reproach one another in the contest , that moderate men have in all times smil'd upon this eagerness , and thought it differ'd very little from a downright frenzy : we in england , by a happy use of the controversie , conclude them both in the wrong , and reject them from being our pattern , not taking the words in the utmost extent , which is a thing , that monarchy , leaves men no liberty , and a common-wealth such a one , as allows them no quiet . we think that a wise mean , between these barbarous extreams , is that which self-preservation ought to dictate to our wishes ; and we may say we have attained to this mean in a greater measure , than any nation now in being , or perhaps any we have read of ; tho never so much celebrated for the wisdom or felicity of their constitutions : we take from one the too great power of doing hurt , and yet leave enough to govern and protect us ; we take from the other , the confusion , the parity , the animosities , and the license , and yet reserve a due care of such a liberty , as may consist with mens allegiance ; but it being hard , if not impossible , to be exactly even , our government has much the stronger biass towards monarchy , which by the general consent and practice of mankind , seems to have the advantage in dispute against a commonwealth : the rules of a commonwealth are too hard for the bulk of mankind to come up to ; that form of government requires such a spirit to carry it on , as dos not dwell in great numbers , but is restrained to so very few , especially in this age , that let the methods appear never so much reasonably in paper , they must fail in practice , which will ever be suited more to mens nature as it is , than as it should be . monarchy is lik'd by the people , for the bells and the tinsel , the outward pomp and gilding , and there must be milk for babes , since the greatest part of mankind are , and ever will be included in that list ; and it is approv'd by wise and thinking men , ( all circumstances and objections impartially considerd ) that it has so great an advantage above all other forms , when the administration of that power falls in good hands ; that all other governments look out of countenance , when they are set in competition with it . lycurgus might have sav'd himself the trouble of making laws , if either he had been immortal , or that he could have secur'd to posterity , a succeeding race of princes like himself ; his own example was a better law , than he could with all his skill tell how to make ; such a prince is a living law , that dictates to his subjects , whose thoughts in that case never rise above their obedience , the confidence they have in the vertue and knowledge of the master , preventing the scruples and apprehensions to which men are naturally inclin'd , in relation to those that govern them ; such a magistrate is the life and soul of justice , whereas the law is but a body and a dead one too , without his influence to give it warmth and vigour , and by the irresistible power of his vertue , he do's so reconcile dominion and allegiance , that all disputes between them are silenced and subdued , and indeed no monarchy can be perfect and absolute without exception , but where the prince is superior by his vertue , as well as by his character and his power ; so that to screw out presidents and unlimited power , is a plain diminution to a prince that nature has made great , and who had better make himself a glorious example to posterity , than borrow an authority from dark records , raised out of the grave , which besides their non-usage , have always in them matter of controversie and debate , and it may be affirmed , that the instances are very rare of princes having the worst in the dispute with their people , if they were eminent for justice in time of peace , or conduct in time of war , such advantage the crown giveth to those who adorn it by their own personal vertues . but since for the greater honour of good and wise princes , and the better to set off their character by the comparison , heaven has decreed there must be a mixture , and that such as are perverse and insufficient , or at least both , are perhaps to have their equal turns in the government of the world , and besides , that the will of man is so various , and so unbounded a thing , and so fatal too when joined with power misapply'd ; it is no wonder if those who are to be govern'd , are unwilling to have so dangerous as well as so uncertain a standard of their obedience . there must be therefore rules and laws : for want of which , or at least the observation of them , it was as capital for a man to say that nero did not play well upon the lute , as to commit treason , or blaspheme the gods. and even vespasian himself had like to have lost his life , for sleeping whilst he should have attended and admir'd that emperours impertinence upon the stage . there is a wantonness in great power that men are generally too apt to be corrupted with , and for that reason , a wise prince , to prevent the temptation arising from common frailty , would choose to govern by rules for his own sake , as well as for his peoples , since it only secures him from errors , and does not lessen the real authority , that a good magistrate would care to be possess'd of ; for if the will of a prince is contrary either to reason it self , or to the universal opinion of his subjects , the law by a kind restraint rescues him from a disease that would undo him ; if his will on the other side is reasonable or well directed , that will immediately becomes a law , and he is arbitrary by an easie and natural consequence , without taking pains , or overturning the world for it . if princes consider laws as things impos'd on them , they have the appearance of fetters of iron , but to such as would make them their choice as well as their practice , they are chains of gold ; and in that respect are ornaments , as in others they are a defence to them , and by a comparison , not improper for god's vicegerents upon earth ; as our maker never commands our obedience to any thing , that as reasonable creatures we ought not to make our own election ; so a good and wise governor , tho' all laws were abolish'd , would by the voluntary direction of his own reason , do without restraint the very same things that they would have enjoyned . our trimmer thinks that the king and kingdom ought to be one creature , not to be separated in their political capacity ; and when either of them undertake to act a-part , it is like the crawling of worms after they are cut in pieces , which cannot be a lasting motion , the whole creature not stirring at a time . if the body has a dead palsie , the head cannot make it move ; and god hath not yet delegated such a healing power to princes , as that they can in a moment say to a languishing people oppress'd and in despair , take up your beds and walk . the figure of a king , is so comprehensive and exalted a thing , that it is a kind of degrading him to lodge that power separately in his own natural person , which can never be safely or naturally great , but where the people are so united to him as to be flesh of his flesh , and bone of his bone ; for when he is reduc'd to the single definition of a man , he sinks into so low a character , that it is a temptation upon mens allegiance , and an impairing that veneration which is necessary to preserve their duty to him ; whereas a prince who is so joined to his people that they seem to be his limbs , rather than his subjects , cloathed with mercy and justice rightly apply'd in their several ●laces , his throne supported by love as ●ell as by power , and the warm wishes ●f his devoted subjects , like never-fail●●g incense , still ascending towards ●im , looks so like the best image we ●●n frame to our selves of god al●ighty , that men would have much ado ●ot to fall down and worship him , and ●ould be much more tempted to the ●in of idolatry , than to that of disobe●ience . our trimmer is of opinion , that ●here must be so much dignity insepa●ably annexed to the royal function , ●s may be sufficient to secure it from in●olence and contempt ; and there must ●e condescensions from the throne , ●●ke kind showers from heaven , that ●he prince may look so much the more ●●ke god almighty's deputy upon earth ; for power without love hath a ●errifying aspect , and the worship which ●s paid to it is like that which the indi●ns give out of fear to wild beasts and devils he that fears god only be●ause there is an hell , must wish there were no god ; and he who fears the king , only because he can punish , must wish there were no king ; so that without a principle of love , there can be no true allegiance , and there must remain perpetual seeds of resistance against a power that is built upon such an unnatural foundation , as that of fear and terrour . all force is a kind of foul play , and whosoever aims at it himself , does by implication allow it to those he plays with ; so that there will be ever matter prepared in the minds of people when they are provoked , and the prince , to secure himself must live in the midst of his own subjects , as if he were in a conquer'd country , raise arms as if he were immediately to meet or resist an invasion , and all this while sleep as unquietly from the fear of the remedies , as he did before from that of the disease ; it being hard for him to forget , that more princes have been destroyed by their guards than by their people ; and that even at the time when the rule was quod principi placuit lex esto : the armies and praetorian bands which were the instruments of that unruly power , were frequently the means made use of to destroy them who had it . there will ever be this difference between god and his vicegerents , that god is still above the instruments he uses , and out of the danger of receiving hurt from them ; but princes can never lodge power in any hands , which may not at some time turn it back upon them ; for tho' it is possible enough for a king to have power to satisfy his ambition ; yet no kingdom has money enough to satisfie the avarice of under-work-men , who learn from that prince who will exact more than belongs to him , to expect from him much more than they deserve , and growing angry upon the first disappointment , they are the devils which grow terrible to the conjurers themselves who brought them up , and can't send them down again ; and besides that , there can be no lasting radical security , but where the governed are satisfied with the governours . it must be a dominion very unpleasant to a prince of an elevated mind , to impose an abject and sordid servility , instead of receiving the willing sacrifice of duty and obedience . the bravest princes in all times , who were uncapable of any other kind of fear , have fear'd to grieve their own people ; such a fear is a glory , and in this sense 't is an infamy not to be a coward : so that the mistaken heroes who are void of this generous kind of fear , need no other aggravation to compleat their ill characters . when a despotick prince has bruised all his subjects with a slavish obedience , all the force he can use cannot subdue his own fears , enemies of his own creation , to which he can never be reconciled , it being impossible to do injustice , and not to fear revenge : there is no cure for this fear , but the not deserving to be hurt , and therefore a prince who does not allow his thoughts to stray beyond the rules of justice , has always the blessing of an inward quiet and assurance , as a natural effect of his good meaning to his people , and tho he will not neglect due precautions to secure himself in all events , yet he is uncapable of entertaining vain and remote suspicions of those , of whom he resolves never to deserve ill . it is very hard for a prince to fear rebellion , who neither does , nor intends to do any thing to provoke it ; therefore too great a diligence in the governours , to raise and improve dangers and fears from the people , is no very good symptom , and naturally begets an inference , that they have thoughts of putting their subjects allegiance to a tryal ; and therefore not without some reason fear before hand , that the irregularities they intend , may raise men to a resistance . our trimmer thinks it no advantage to a government , to endeavour the suppressing all kind of right which may remain in the body of the people , or to employ small authors in it , whose officiousness or want of money may encourage them to write , tho' it is not very easie to have abilities equal to such a subject ; they forget that in their too high strained arguments for the rights of princes , they very often plead against humane nature , which will always give a biass to those reasons which seem of her side ; it is the people that reads those books , and it is the people that must judge of them ; and therefore no maxims should be laid down for the right of government , to which there can be any reasonable objection ; for the world has an interest , and for that reason is more than ordinary discerning to find out the weak sides of such arguments as are intended to do them hurt ; and it is a diminution to a government to promote or countenance such well affected mistakes which are turned upon it with disadvantage , whenever they are detected and exposd ; and naturally the too earnest endeavours to take from men the right they have , tempt them , by the example to claim that which they have not . in power , as in most other things , the way for princes to keep it , is not to grasp more than their arms can well hold ; the nice and unnecessary enquiring into these things , or the licensing some books , and suppressing some others without sufficient reason to justifie the doing-either , is so far from being an advantage to a government , that it exposes it to the censure of being partial and to the suspicion , of having some hidden designs to be carried on by these unusual methods . when all is said , there is a natural reason of state , and undefinable thing , grounded upon the common good of mankind , which is immortal , and in all changes and revolutions , still preserves its original right of saving a nation , when the letter of the law perhaps would destroy it ; and by whatsoever means it moves , carrieth a power with it , that admits of no opposition , being supported by nature , which inspires an immediate consent at some critical times into every individual member , to that which visibly tendeth to preservation of the whole ; and this being so , a wise prince instead of controverting the right of this reason of state , will by all means endeavour it may be of his side , and then he will be secure . our trimmer cannot conceive that the power of any prince can be lasting , but where 't is built upon the foundation of his own unborrowed vertue , he must not only be the first mover and the fountain , from whence the great acts of state originally flow , but he must be thought so to his people that they may preserve their veneration for him ; he must be jealous of his power , and not impart so much of it to any about him , as that he may suffer an eclipse by it . he cannot take too much care to keep himself up , for when a prince is thought to be led by those , with whom he should onely advise , and that the commands he gives are transmitted through him , and are not of his own growth ; the world will look upon him as a bird adorned with feathers that are not his own , or consider him rather as an engine than a living creature ; besides , 't would be a contradiction for a prince to fear a common-wealth , and at the same time create one himself , be delegating such a power to any number of men near him , as is inconsistant with the figure of a monarch : it is the worst kind of co-ordination the crown can submit to ; for it is the exercise of power that draws the respect along with it , and when that is parted with , the bare character of a king is not sufficient to keep it up ; but tho' it is a diminution to a prince , to parcel out so liberally his power amongst his favourites , it 's worse to divide with any other man , and to bring himself in competition with a single rival ; a partner in government is so unnatural a thing , that it is a squint-ey'd allegiance that must be paid to such a double bottomd monarchy . the two czars of muscovy are an example that the more civiliz'd part of the world will not be proud to follow , whatsoever gloss may be put upon this method , by those to whom it may be of some use , the prince will do well to remember , and reflectupon the story of certain men who had set up a statue in honour of the sun , yet in a very litle time they turned their backs to the sun , and their faces to the statue . these mystical unions are better plac'd in the other world , than they are in this , and we shall have much ado to find , that in a monarchy gods vicegerency is delegated to more heads than that which is annointed . princes may lend some of their light to make another shine , but they must still preserve the superiority of being the brighter planet , and when it happens that the reversion is in mens eyes , there is more care necessary to keep up the dignity of possessions , that men may not forget who is king , either out of their hopes or fears who shall be . if the sun shou'd part with all his light to any of the stars , the indians would not know where to find their god , after he had so deposed himself , and would make the light ( wherever it went ) the object of their worship . all usurpation is alike upon soveraignty , it s no matter from what hand it coms ; and crowned heads are to be the more circumspect , in resspect mens thoughts are naturally apt to ramble beyond what is present , they love to work at a distance , and in their greedy expectations ; which their minds may be fill'd with of a new master , the old one may be left to look a little out of countenance . our trimmer owns a passion for liberty , yet so restrained , that it does not in the least impair or taint his allegiance , he thinks it hard for a soul that does not love liberty , ever to raise it self to another world he takes it to be the foundation of all vertue , and the only seasoning that gives a relish to life , and tho' the laziness of a slavish subjection , has its charms for the more gross and earthly part of mankind , yet to men made of a better sort of clay , all that the world can give without liberty has no taste ; it is true , nothing is sold so cheap by unthinking men , but that does no more lessen the real value of it , than a country fellows ignorance does that of a diamond , in selling it for a pot of ale. liberty is the mistress of mankind , she has powerful charms which do so dazzle us , that we find beauties in her which perhaps are not there , as we do in other mistresses ; yet if she was not a beauty , the world would not run mad for her ; therefore since the reasonable desire of of it ought not to be restrain'd , and that even the unreasonable desire of it cannot be intirely suppress'd , those who would take it away from a people possessed of it , are likely to fail in the attempting , or be very unquiet in the keeping of it . our trimmer admires our blessed constitutions , in which dominion and liberty are so well reconciled ; it gives to the prince the glorious power of commanding free-men , and to the subject , the satifaction of seeing the power so lodged , as that their liberties are secure ; it dos not allow the crown such a ruining power , as that no grass can grow where e're it treads , but a cherishing and protecting power ; such a one as hath a grim aspect only to the offending subjects , but is the joy and the pride of all the good ones ; their own interest being so bound up in it , as to engage them to defend and support it ; and tho in some instances the king is restrain'd yet nothing in the government can move without him ; our laws make a distinction between vassalage and obedience ; between devouring prerogatives , and a licentious ungovernable freedom : and as of all the orders of building , the composite is the best , so ours by a happy mixture and a wise choice of what is best in others , is brought into a form that is our felicity who live under it , and the envy of our neighbour that cannot imitate it . the crown has power sufficient to protect our liberties . the people have so much liberty as is necessary to make them useful to the crown . our government is in a just proportion , no tympany , no unnatural swelling either of power or liberty ; and whereas in all overgrown monarchies , reason , learning , and enquiry are hang'd in effigy for mutineers ; here they are encouraged and cherished as the surest friends to a government establish'd upon the foundation of law and justice when all is done , those who look for perfection in this world , may look as the jews have for their messias , and therefore our trimmer is not so unreasonably partial as to free our governments ; and from all objections , no doubt there have been fatal instances of its sickness , and more than that , of its mortality , for sometime , tho' by a miracle , it hath been revivd again : but till we have another race of mankind , in all constitutions that are bounded , there will ever be some matter of strife , and contention , and rather than want pretensions , mens passions and interests will raise them from the most inconsiderable causes . our government is like our climate , there are winds which are sometimes loud and unquiet , and yet with all the trouble they give us , we owe great part of our health unto them , they clear the air , which else would be like a standing pool , and instead of refreshment would be a disease unto us . there may be fresh gales of asserting liberty , without turning into such storms of hurricane , as that the state should run any hazard of being cast away by them ; these struglings which are natural to all mixed governments , while they are kept from growing in convulsions , do by a mutual agitation from the several parts , rather support and strengthen , than weaken or maim the constitution ; and the whole frame , instead of being torn or disjointed , comes to be the better and closer knit by being thus exercised ; but what ever faults our government may have , or a discerning critick may find in it , when he looks upon it alone ; let any other be set against it , and then it shews its comparative beauty ; let us look upon the most glittering outside of unbounded anthority , and upon a nearer enquiry , we shall find nothing but poor and miserable deformity within ; let us imagine a prince living in his kingdom , as if in a great gally , his subjects tugging at the oar , laden with chains , and reduced to real rags , that they may gain him imaginary lawrels ; let us represent him gazing among his flatterers , and receiving their false worship , like a child never contradicted , and therefore always cozen'd : or like a lady complemented only to be abused , condemned never to hear truth , and consequently never to do justice , wallowing in the soft bed of wanton and unbridled greatness , not less odious to the instruments themselves , than to the objects of his tyranny ; blown up into an ambitious dropsy , never to be satisfied by the conquest of other people , or by the oppression of his own ; by aiming to be more than a man , he falls lower than the meanest of 'em , a mistaken creature , swelled with panegyricks , & flattered out of his senses , and not only an incumbrance , but a nuisance to mankind , a hardened and unrelenting soul , and like some creatures that grow fat with poisons , he grows great by other mens miseries ; an ambitious ape of the divine greatness , an unruly gyant that would storm even heaven it self , but that his scaling ladders are not long enough ; in short , a wild and devouring creature in rich trappings , and with all his pride no more than a whip in god almighty's hand , to be thrown into the fire when the world has been sufficiently scourged with it : this picture laid in right colours would not incite men to wish for such a government , but rather to acknowledge the happiness of our own , under which we enjoy all the priviledge reasonable men can desire , and avoid all the miserie 's many others are subject too ; so that out trimmer would keep it with all its faults , and does as little forgive those who give the occasion of breaking it , as he does those that take it . our trimmer is a friend to parliaments , notwithstanding all their faults , and excesses , which of late have given such matter of objection to them ; he thinks that tho' they may at sometimes be troublesome to authority , yet they add the greatest strength to it under a wise administration ; he believes no government is perfect except a kind of omnipotence reside in it , to exercised upon great occasions : now this cannot be obtained by force alone upon people , let it be never so great , there must be their consent too , or else a nation moves only by being driven , a sluggish & constrained motion , void of that life and vigour which is necessary to produce great things , whereas the virtual consent of the whole being included in their representatives , and the king giving the sanction to the united sense of the people , every act done by such an authority , seems to be an effect of their choice as well as a part of their duty ; and they do with an eagerness , of which men are uncapable whilst under a force , execute whatsoever is so enjoyned as their own wills , better explained by parliament , rather than from the terrour of ic●urring the penalty of the law for omiting it , and by means of this political omnipotence , what ever sap or juice there is in a nation , may be to the last drop be produc'd , whilst it rises naturally from the root ; whereas all power exercis'd without consent , is like the giving wounds and gashes , and tapping a tree at unseasonable times , for the present occasion , which in a very little time must needs destroy it . our trimmer believes , that by the advantage of our scituation , there can hardly any such sudden disease come upon us , but that the king may have time enough left to consult with his physitians in parliament ; pretences indeed may be made , but a real necessity so pressing , that no delay is to be admitted , is hardly to be imagin'd , and it will be neither easie to give an instance of any such thing for the time past , or reasonable to presume it will ever happen for the time to come : but if that strange thing should fall out , our trimmer is not so strait-lac'd , as to let a nation dye , or to be stifled , rather than it should be help'd by any but the proper officers . the cases themselves will bring the remedies along with them ; and he is not afraid to allow that in order to its preservation , there is a hidden power in government , which would be lost if it was designed , a certain mystery , by virtue of which a nation may at some critical times be secur'd from ruine , but then it must be kept as a mystery ; it is rendered useless when touch'd by unskilful hands ; and no government ever had , or deserv'd to have that power , which was so unwary as to anticipate their claim to it : our trimmer cannot help thinking it had been better , if the triennial act had been observ'd ; because 't is the law , and he would not have the crown , by such an example , teach the nation to break it ; all irregularity is catching , it has a contagion in it , especially in an age , so much enclin'd to follow ill patterns than good ones . he would have a parliament , because 't is an essential part of the constitution , even without the law , it being the only provision in extraordinary cases , in which there would be otherwise no remedy , and there can be no greater solecism in government , than a failure of justice . he would have had one , because nothing else can unite and heal us , all other means are meer shifts and projects , houses of cards , to be blown down with the least breath , and cannot resist the difficulties which are ever presum'd in things of this kind ; and he would have had one , because it might have done the king good , and could not possibly have done him hurt , without his consent , which in that case is not to be supposed , and therefore for him to fear it , is so strange and so little to be comprehended , that the reasons can never be presum'd to grow in our soyl , or to thrive in it when transplanted from any other country ; and no doubt there are such irresistable arguments for calling a parliament , and tho it might be deny'd to the unmannerly mutinous petitions of men , that are malicious and disaffected , it will be granted to the soft and obsequious murmurs of his majestys best subjects , and there will be such rhetorick in their silent grief , that it will at last prevail against the artifices of those , who either out of guilt or interest , are afraid to throw themselves upon their country , knowing how scurvily they have used it ; that day of judgment will come , tho we know neither the day nor the hour . and our trimmer would live so as to be prepared for it , with full assurance in the mean time , that the lamenting voice of a nation cannot long be resisted , and that a prince who could so easily forgive his people when they had been in the wrong , cannot fail to hear them when they are in the right . the trimmer's opinion concerning the protestant religion . religion has such a superiority above other things , and that indispensable influence upon all mankind , that it is as necessary to our living happy in this world , as it is to our being sav'd in the next , without it man is an abandon'd creature , one of the worst beasts nature hath produc'd , and fit only for the society of wolves and bears ; therefore in all ages it has been the foundation of government : and tho false gods have been impos'd upon the credulous part of the world , yet they were gods still in their opinion , and the awe and reverence men had to them and their oracles , kept them within bounds towards one another , which the laws with all their authority could never have effected without the help of religion ; the laws would not be able to subdue the perverseness of mens wills , which are wild beasts , and require a double chain to keep them down ; for this reason 't is said , that it is not a sufficient ground to make war upon a neighbouring state , because they are of another religion , let it be never so differing ; yet if they worship'd nor acknowledg'd any deity at all , they may be invaded as publick enemies of mankind , because they reject the only thing that can bind them to live well with one another ; the consideration of religion is so twisted with that of government , that it is never to be separated , and tho the foundations of it ought to be eternal and unchangeable , yet the terms and circumstances of discipline , are to be suited to the several climates and constitutions , so that they may keep men in a willing acquiescence unto them , without discomposing the world by nice disputes , which can never be of equal moment with the publick peace . our religion here in england seems to be distinguished by a peculiar effect of god almighty's goodness , in permiting it to be introduc'd , or rather restored , by a more regular method than the circumstances of most other reformed churches would allow them to do , in relation to the government ; and the dignity with which it has supported it self since , and the great men our church hath produced , ought to recommend it to the esteem of all protestants at least : our trimmer is very partial to it , for these reasons , and many more , and desires that it may preserve its due jurisdiction and authority ? so far he is from wishing it oppressed by the unreasonable and malicious cavils of those who take pains to raise objections against it . the questions will then be , how and by what methods this church shall best support it self ( the present circumstances consider'd ) in relation to dissenters of all sorts : i will first lay this for a ground , that as there can be no true religion without charity , so there can be no true humane prudence without bearing and condescension : this principle does not extend to oblige the church always to yield to those who are disposed to contest with her , the expediency of doing it is to be considered and determined according to the occasion , and this leads me to lay open the thoughts of our trimmer , in reference , first , to the protestants , and then to the popish recusants . what has lately hapned among us , makes an apology necessary for saying any thing that looks like favour towards a sort of men who has brought themselves under such a disadvantage . the late conspiracy hath such broad symptoms of the disaffection of the whole party , that upon the first reflections , while our thoughts are warm , it would almost perswade us to put them out of the protection of our good nature , and to think that the christian indulgence with our compassion for other mens sufferings cannot easily deny , seems not only to be forfeited by the ill appearances that are against them , but even becomes a crime when it is so misapplied ; yet for all this , upon second and cooler thoughts , moderate men will not be so ready to involve a whole party in the guilt of a few , and to admit inferences and presumptions to be evidence in a case , where the sentence must be so heavy , as it ought to be against all those who have a fixed resolution against the goverement established ? besides , men who act by a principle grounded upon moral vertue , can never let it be clearly extinguished by the most repeated provocations ; if a right thing agreeable to nature and good sence taks root in the heart of a man , that is impartial and unbyass'd , no outward circumstances can ever destroy it ; its true , the degrees of a mans zeal for the prosecution of it may be differing , faults of other men , the consideration of the publick , and the seasonable prudence by which wise men will ever be directed , may give great allays ; they may lessen and for a time perhaps suppress the exercise of that , which in general proposition may be reasonable , but still whatever is so will inevitably grow and spring up again , having a foundation in nature , which is never to be destroy'd . our trimmer therefore endeavours to separate the detestation of those who had either a hand or a thought in the late plot , from the principle of prudential as well as christian charity towards mankind , and for that reason would fain use the means of reclaiming such of the dissenters as are not incurable , and even bearing to a degree those that are , as far as may consist with the publick interest and security ; he is far from justifying an affected separation from the communion of the church , and even in those that mean well , and are mistaken ; he looks upon it as a disease that has seized upon their minds , very troublesome as well as dangerous , by the consequence it may produce : he does not go about to excuse their making it an indispensable duty , to meet in numbers to say their prayers , such meetings may prove mischievous to the state at least ; the laws which are the best judges , have determined that there is danger in them : he has good nature enough to lament that the perversness of a part should have drawn rigorous laws upon the whole body of the dissenters , but when they are once made , no private opinion must stand in opposition to them ; if they are in themselves reasonable , they are in that respect to be regarded , even without being enjoyned , if by the change of time and circumstances they should become less reasonable than when they were first made , even then they are to be obey'd too , because they are laws , till they are mended or repealed by the same authority that enacted them . he has too much deference to the constitution of our government , to wish for more prerogative declarations in favour of scrupulous men , or to dispence with penal laws in such manner , or to such an end , that suspecting men might with some reason pretend , that so hated a thing as persecution could never make way for it self with any hopes of success , otherwise than by preparing the deluded world by a false prospect of liberty and indulgence . the inward springs and wheels whereby the engine moved , are now so fully laid open and expos'd , that it is not supposable that such a baffled experiment should ever be tryed again , the effect it had at the time , and the spirit it raised , will not easily be forgotten , and it may be presum'd the remembrance of it may secure us from any more attempts of that nature for the future ; we must no more break a law to give men ease , than we are to rifle an house with a devout intention of giving the plunder to the poor ; in this case , our compassion would be as ill directed , as our charity in the other . in short , the veneration due to the laws is never to be thrown off , let the pretences be never so specious ; yet with all this he cannot bring himself to think , that an extraordinary diligence to take the uttermost penalty of laws , upon the poor offending neighbour , is of it self such an all-sufficient vertue , that without any thing else to recommend men , it should entitle them to all kind of preferments and rewards ; he would not detract from the merits of those who execute the laws , yet he cannot think such a piece of service as this , can entirely change the man , and either make him a better divine , or a more knowing magistrate than he was before , especially if it be done with a partial and unequal hand , in reverence to greater and more dangerous offenders . our trimmer would have those mistaken men ready to throw themselves into the arms of the church , and he would have those arms as ready to receive them that shall come to us ; he would have no supercilious look to fright those strayed sheep from coming into the fold again ; no ill-natur'd maxims of an eternal suspicion , or a belief that those who have once been in the wrong can never be in the right again ; but a visible preparation of mind to recieve with joy all the proselites that come amongst us , and much greater earnestness to reclaim than punish them : it is to be confess'd , there is a great deal to forgive , a hard task enough for the charity of a church so provoked ; but that must not cut off all hopes of being reconciled , yet if there must be some anger left still , let it break out into a christian revenge , and by being kinder to the children of disobedience than they deserve , let the injur'd church triumph , by throwing shame and confusion of face upon them ; there should not always be storms and thunder , a clear sky would sometime make the church look more like heaven , and would do more towards the reclaiming those wanderers , than a perpetual terrour , which seemed to have no intermission ; for there is in many , and particularly in english men , a mistaken pleasure , in resisting the dictates of rigorous authority ; a stomach that riseth against a hard imposition , nay , in some , raise even a lust in suffering from a wrong point of honour , which does not want the applause , from the greater part of mankind , who have not learnt to distinguish ; constancy will be thought a virtue even where it is a mistake ; and the ill judging world will be apt to think that opinion most right , which produces the greatest number of those who are willing to suffer for it ; all this is prevented , and falls to the ground , by using well-timed indulgence ; and the stubborn adversary who values himself upon his resistance whilst he is oppress'd , yields insensibly to kind methods , when they are apply'd to him , and the same man naturally melts into conformity , who perhaps would never have been beaten into it . we may be taught by the compassion that attendeth the most criminal men when they are condemned , that faults are much more natural things than punishments , and that even the most necessary acts of severity do some kind of violence to our nature , whose indulgence will not be confined within the strait bounds of inexorable justice ; so that this should be an argument for gentleness , besides that it is the likeliest way to make these men asham'd of their separation , whilst the pressing them too hard , tends rather to make them proud of it . our trimmer would have the clergy supported in their lawful rights , and in all the power and dignity that belongs to them , and yet he thinks that possibly there may be in some of them a too great eagerness to extend the ecclesiastical jurisdiction ; which tho it may be well intended , yet the straining of it too high has an appearance of ambition that raises mens objections to it , and is far unlike the apostolick zeal , which was quite otherwise employ'd , that the world draws inferences from it , which do the church no service . he is troubled to see men of all sides sick of a calenture of a mistaken devotion , and it seems to him that the devout fire of mistaken charity with which the primitive christians were inflam'd , is long since extinguish'd , and instead of it a devouring fire of anger and persecution breaks out in the world ; we wrangle now one with another about religion till the blood comes , whilst the ten commandments have no more authority with us , than if they were so many obsolete laws or proclamations out of date ; he thinks that a nation will hardly be mended by principles of religion , where morality is made a heresy ; and therefore as he believes devotion misplaced when it gets into a conventicle , he concludes that loyalty is so too , when lodg'd in a drunken club ; those vertues deserve a better seat of empire , and they are degraded , when such men undertake their defence , as have too great need of an apology themselves . our trimmer wishes that some knowledge may go along with the zeal on the right side , and that those who are in possession of the pulpit , would quote at least so often the authority of the scriptures as they do that of the state ; there are many who borrow too often arguments from the government , to use against their adversaries , and neglect those that are more proper , and would be more powerful ; a divine grows less , and puts a diminution on his own character , when he quoteth any law but that of god almighty , to get the better of those who contest with him ; and it is a sign of a decay'd constitution , when nature with good diet cannot expel noxious humours without calling foreign drugs to her assistance ; so it looks like want of health in a church , when instead of depending upon the power of that truth which it holds , and the good examples of them that teach it , to support it self , and to suppress errors , it should have a perpetual recourse to the secular authority , and even upon the slightest occasions . our trimmer has his objections to the too busy diligence , and to the over-doing of some of the dissenting clergy , and he does as little approve of those of our church , who wear god almighty's liveries , as some old warders in the tower do the king 's , who do nothing in their place but receive their wages for it ; he thinks that the liberty of the late times gave men so much light , and diffused it so universally amongst the people , that they are not now to be dealt with , as they might have been in ages of less enquiry ; and therefore in some well chosen and dearly beloved auditories , good resolute nonsense back'd with authority may prevail , yet generally men are become so good judges of what they hear , that the clergy ought to be very wary how they go about to impose upon their understandings , which are grown less humble than they were in former times , when the men in black had made learning such a sin in the laity , that for fear of offending , they made a conscience of being able to read ; but now the world is grown sawcy , and expects reasons , and good ones too , before they give up their own opinions to other mens dictates , tho never so magisterially deliver'd to them . our trimmer is far from approving the hypocricie which seems to be the reigning vice amongst some of the dissenting clergy , he thinks it the most provoking sin men can be guilty of , in relation to heaven , and yet ( which may seem strange ) that very sin which shall destroy the soul of the man who preaches , may help to save those of the company that hear him , and even those who are cheated by the false ostentation of his strictness of life , may by that pattern be encouraged to the real practice of those christian vertues which he does so deceitfully profess ; so that the detestation of this fault may possibly be carry'd on too far by our own orthodox divines , if they think it cannot be enough express'd without bending the stick another way ; a dangerous method , and a worse extream for men of that character , who by going to the outmost line of christian liberty , will certainly encourage others to go beyond it : no man does less approve the ill-bred methods of some of the dissenters , in rebuking authority , who behave themselves as if they thought ill manners necessary to salvation ; yet he cannot but distinguish and desire a mean between the sawcyness of some of the scotch apostles , and the undecent courtship of some of the silken divines , who , one would think , do practice to bow at the altar , only to learn to make the better legs at court. our trimmer approves the principles of our church , that dominion is not founded in grace , and that our obedience is to be given to a popish king in other things , at the same time that our compliance with him in his religion is to be deny'd ; yet he cannot but think it a very extraordinary thing if a protestant church should by a voluntary election , chuse a papist for their guardian , and receive directions for supporting their religion , from one who must believe it a mortal sin not to endeavour to destroy it ; such a refined piece of breeding would not seem to be very well plac'd in the clergy , who will hardly find presidents to justify ; such an extravagant piece of courtship , and which is so unlike the primitive methods , which ought to be our pattern ; he hath no such unreasonable tenderness for any sorts of men , as to expect their faults should not be impartially laid open as often as they give occasion for it ; and yet he cannot but smile to see that the same man , who sets up all the sails of his rhetorick , to fall upon dissenters ; when popery is to be handled , he does it so gingerly , that he looketh like an ass mumbling of thistles , so afraid he is of letting himself loose where he may be in danger of etting his duty get the better of his discretion . our trimmer is far from relishing the impertinent wandrings of those who pour out long prayers upon the congregation , and all from their own stock , which god knows , for the most part is a barren soil , which produces weeds instead of flowers , and by this means they expose religion it self , rather than promote mens devotions : on the other side , there may be too great restraint put upon men , whom god and nature hath distinguished from their fellow labourers , by blessing them with a happier talent , and by giving them not only good sense , but a powerful utterance too , has enabled them to gush out upon the attentive auditory , with a mighty stream of devout and unaffected eloquence ; when a man so qualified , endued with learning too , and above all , adorn'd with a good life , breaks out into a warm and well deliver'd prayer before his sermon , it has the appearance of a divine rapture , he raises and leads the hearts of the assembly in another manner , than the most compos'd or best studied form of set words can ever do ; and the pray-wees , who serve up all their sermons with the same garnishing , would , look like so many statues , or men of straw in the pulpit , compar'd with those who speak with such a powerful zeal , that men are tempted at the moment to belive heaven it self has dictated their words to em . our trimmer is not so unreasonably indulgent to the dissenters , as to excuse the irregularities of their complaints , and to approve their threatning stiles , which are so ill-suited to their circumstances as well as their duty ; he would have them to shew their grief , and not their anger to the government , and by such a submission to authority , as becomes them , if they cannot acquiesce in what is imposed ; let them deserve a legislative remedy to their sufferings , there being no other way to give them perfect redress ; and either to seek it , or pretend to give it by any other method , would not only be vain , but criminal too in those that go about it ; yet with all this , there may in the mean time be a prudential latitude left , as to the manner of preventing the laws now in force against them : the government is in some degree answerable for such an administration of them , as may be free from the censure of impartial judges ; and in order to that , it would be necessary that one of these methods be pursued , either to let loose the laws to their utmost extent , without any moderation or restraint , in which at least the equality of the government would be without objection , the penalties being exacted without remission from the dissenters of all kinds ; or if that will not be done ( and indeed there is no reason it should ) there is a necessity of some connivance to the protestant dissenters to execute that which in humanity must be allowed to the papists , even without any leaning towards them , which must be supposed in those who are or shall be in the administration of publick business ; and it will follow that , according to our circumstances , the distribution of such connivance must be made in such a manner , that the greatest part of it may fall on the protestant side , or else the objections will be so strong , and the inferences so clear , that the friends , as well as the enemies of the crown , will be sure to take hold of them . it will not be sufficient to say that the papists may be conniv'd at , because they are good subiects and that the protestant dissenters , must suffer because they are ill ones ; these general maxims will not convince discerning men , neither will any late instances make them forget what passed at other times in the world ; both sides have had their turns in being good and ill subjects . and therefore 't is easie to imagine what suspicions would arise in the present conjuncture , if such a partial argument as this should be impos'd upon us ; the truth is , this matter speaks so much of it self ; that it is not only unnecessary , but it may be unmannerly to say any more of it . our trimmer therefore could wish , that since notwithstanding the laws which deny churches to say mass in ; even not only the exercise , but also the ostentation of popery is as well or better performed in the chappels of so many foreign ministers , where the english openly resort in spight of proclamations and orders of council , which are grown to be as harmless things to them , as the popes bulls and excommunications are to hereticks who are out of his reach ; i say he could wish that by a seasonable as well as an equal piece of justice , there might be so much consideration had of the protestant dissenters , as that there might be at sometimes , and at some places , a veil thrown over an innocent and retired conventicle , and that such an indulgence might be practic'd with less prejudice to the church , or diminution to the laws ; it might be done so as to look rather like a kind omission to enquire more strictly , than an allow'd toleration of that which is against the rule established . such a skilful hand as this is very necessary in our circumstances , and the government by making no sort of men entirely desperate , does not only secure it self from villainous attempts , but lays such a foundation for healing and uniting laws , when ever a parliament shall meet , that the seeds of differences and animosities between the several contending sides may ( heaven consenting ) be for ever destroy'd . the trimmer's opinion concerning the papists . to speak of popery leads me into such a sea of matter , that it is not easie to forbear launching into it , being invited by such a fruitful theme , and by a variety never to be exhausted ; but to confine it to the present subject , i will only say a short word of the religion it self ; of its influences here at this time ; and of our trimmer's opinion in relation to our manner of living with them . if a man would speak maliciously of this religion , one may say it is like those diseases , where as long as one drop of the infection remains , there is still danger of having the whole mass of blood corrupted by it . in swedeland there was an absolute cure , and nothing of popery heard of , till queen christiana , ( whether mov'd by arguments of this or the other world , may not be good manners to enquire ) thought fit to change her religion and country , and to live at rome , where she might find better judges of her virtues , and less ungentle censures of those princely liberties , to which she was sometimes disposed , than she left at stockholme ; where the good breeding is as much inferior to that of rome in general , as the civility of the religion . the cardinals having rescued the church from those clownish methods the fishermen had first introduc'd , and mended that pattern so effectually , that a man of that age , if he should now come into the world , would not possibly know it . in denmark the reformation was entire , in some states of germany , as well as geneva , the cure was universal ; but in the rest of the world where the protestant religion took place , the popish humour was too tough to be totally expell'd , and so it was in england , tho' the change was made with all the advantage imaginable to the reformation , it being countenanc'd and introduc'd by legal authority , and by that means might have been perhaps as perfect as in any other place , if the short reign of edward the th , and the succession of a popish queen had not given such advantage to that religion , that it has subsisted ever since under all the hardships that have been put upon it ; it has been a strong compact body , and made the more so by these sufferings ; it was not strong enough to prevail , but it was able , with the help of foreign support , to carry on an interest which gave the crown trouble , and to make a considerable ( not to say dangerous ) figure in the nation ; so much as this could not have been done without some hopes , nor these hopes kept up without some reasonable grounds : in queen elizabeth's time , the spanish zeal for their religion , and the revenge for , gave warmth to the papists here , and above all the right of the queen of scots to suceeed , was while she lived sufficient to give them a better prospect of their affairs : in king james's time their hopes were supported by the treaty of the spanish match , and his gentleness towards them , which they were ready to interpret more in their own favour , than was either reasonable or became them , so little tenderness they have , even where it is most due , if the interest of their religion comes in competition with it . as for the late king , tho he gave the most glorious evidence that ever man did of his being a protestant , yet , by the more than ordinary influence the queen was thought to have over him , and it so happening that the greatest part of his anger was directed against the puritans , there was such an advantage to men dispos'd to suspect , that they were ready to interpret it a leaning towards popery , without which handle it was morally impossible , that the ill-affected part of the nation could ever have seduc'd the rest into a rebellion . that which help'd to confirm many well meaning men in their misapprehensions of the king , was the long and unusual intermission of parliaments ; so that every year that passad without one , made up a new argument to increase their suspicion , and made them presume that the papists had a principal hand in keeping them off : this raised such heats in mens minds , to think that men who were obnoxious to the laws , instead of being punished , should have credit enough to serve themselves , even at the price of destroying the fundamental constitution ; that it broke but into a flame , which , before it could be quenched , had almost reduc'd the nation ro ashes . amongst the miserable effects of that unnatural war , none hath been more fatal to us , than the forcing our princes to breathe in another air , and to receive the early impressions of a foreign education ; the barbari●y of the english , towards the king and the royal family , might very well tempt him to think the better of every thing he found abroad , and might naturally produce more gentleness , at least , towards a religion by which he was hospitably received , at the same time that he was thrown off and persecuted by the protestants , tho his own subjects ) to aggravate the offence . the queen mother , ( as generally ladies do with age ) grew most devout and earnest in her religion ; and besides , the temporal rewards of getting larger subsidies from the french clergy , she had motives of another kind , to perswade her to shew her zeal ; and since by the roman dispensatory , a soul converted to the church is a soveraign remedy , and lays up a mighty stock of merit ; she was solicitous to secure her self in all events , and therefore first set upon the duke of glocester , who depended so much upon her good will , that she might for that reason have been induc'd to believe , the conquest would not be difficult ; but it so fell out , that he either from his own constancy , or that he had those near him by whom he was otherways advis'd , chose rather to run away from her importunity , than by staying to bear the continual weight of it : it is belie v'd she had better success with another of her sons , who , if he was not quite brought off from our religion , at least such beginnings were made , as made them very easie to be finish'd ; his being of a generous and aspiring nature , and in that respect , less patient in the drudgery of arguing , might probably help to recommend a church to him , that exempts the laity from the vexation of enquiring ; perhaps he might ( tho by mistake ) look upon that religion as more favourable to the enlarged power of kings , a consideration which might have its weight with a young prince in his warm blood , and that was brought up in arms. i cannot hinder my self from a small digression , to consider with admiration , that the old lady of rome , with all her wrinkles , should yet have charms , able to subdue great princes ; so far from handsom , and yet so imperious ; so painted , and yet so pretending ; after having abus'd , depos'd , and murther'd so many of her lovers , she still finds others glad and proud of their new chains ; a thing so strange , to indifferent judges , that those who will allow no other miracles in the church of rome , must needs grant that this is one not to be contested ; she sits in her shop , and sells at dear rates her rattles and her hobby-horses , whilst the deluded world still continues to furnish her with customers . but whither am i carried with this contemplation ? it is high time to return to my text , and to consider the wonderful manner of the kings coming home again , led by the hand of heaven , and called by the voice of his own people , who receiv'd him , if possible , with joys equal to the blessing of peace and union which his restauration brought along with it ; by this there was an end put to the hopes some might have abroad , of making use of his less happy circumstances , to throw him into foreign interests and opinions , which had been wholly inconsistent with our religion , our laws , and all other things that are dear to us ; yet for all this , some of those tinctures and impressions might so far remain , as tho' they were very innocent in him , yet they might have ill effects here , by softning the animosity which seems necessary to the defender of the protestant faith , in opposition to such a powerful and irreconcileable an enemy . you may be sure , that among all the sorts of men who apply'd themselves to the king at his first coming home , for his protection , the papists were not the last , nor , as they fain would have flatter'd themselves , the least welcome ; having their past sufferings , as well as their present professions to recommend them ; and there was something that look'd like a particular consideration of them , since it so happened , that the indulgence promised to dissenters at breda , was carried on in such a manner , that the papists were to divide with them , and tho' the parliament , notwithstanding its resignation to the crown in all things , rejected with scorn and anger a declaration fram'd for this purpose , yet the birth and steps of it gave such an alarm , that mens suspicious once raised , were not easily laid asleep again . to omit other things , the breach of the tripple league , and the dutch war with its appurtenances , carried jealousies to the highest pitch imaginable , and fed the hopes of one party , and the fears of the other to such a degree , that some critical revolutions were generally expectad , when the ill success of that war , and the sacrifice france thought fit to make of the papists here , to their own interest abroad , gave them another check ; and the act of enjoyning the test to all in offices , was thought to be no ill bargain to the nation , tho' bought at the price of pound , and the money apply'd to continue the war against the dutch , than which nothing could be more unpopular or less approved . notwithstanding the discouragements , popery is a plant that may be mowed down , but the root will still remain , and in spite of the laws , it will sprout up & grow again ; especially if it should happen that there should be men in power , who in weeding it out of our garden , will take care to cherish and keep it alive ; and tho' the law for excluding them from places of trust was tolerably kept as to their outward form , yet there were many circumstances , which being improved by the quick-sighted malice of ill affected men , did help to keep up the world in their suspicions , and to blow up jealousies to such a heighth both in and out of parliament , that the remembrance of them is very unpleasant , and the example so extravagant , that it is to be hop'd nothing in our age like it will be re-attempted ; but to come closer to the case in question , in this condition we stand with the papists , what shall now be done according to our trimmer's opinion , in order to the better bearing this grievance , since as i have said before , there is no hopes of being entirely free from it ; papists we must have among us , and if their religion keep them from bringing honey to the hive , let the government try at least by gentle means to take away the sting from them . the first foundation to be laid is , that a distinct consideration is to be had of the popish clergy , who have such an eternal interest against all accommodation , that it is a hopeless thing to propose any thing to them less than all ; their stomachs have been set for it ever since the reformation , they have pinned themselves to a principle that admits no mean : they believe protestants will be damn'd , and therefore by an extraordinary effect of christian charity , they would destroy one half of england that the other might be saved ; then for this world , they must be in possession for god almighty , to receive his rents for him , not to accompt till the day of judgment , which is a good kind of tenure , and ye cannot well blame the good men , that will stir up the laity to run any hazard in order to the getting them restor'd . what is it to the priest , if the deluded zealot undoes himself in the attempt ? he sings masses as jollily , and with as good a voice at rome or st. omers as ever he did ; is a single man , and can have no wants but such as may be easily supplyd , yet that he may not seem altogether insensible , or ungrateful to those that are his martyrs , he is ready to assure their executors , and if they please , will procure a grant sub annulo piscatoris , that the good man by being changed , has got a good bargain , and sav'd the singing of some hundred of years , which he would else have had in purgatory . there 's no cure for this order of men , no expedient to be propos'd , so that tho the utmost severity of the laws against them , may in some sort be mittigated , yet no treaty can be made with men who in this case have left themselves no free will , but are so muffled by zeal , tyed by vows , and kept up by such unchangeable maxims of the priesthood , that they are to be left as desperate patients , and look'd upon as men that will continue in an eternal state of hostility , till the nation is entirely subdued to them . it is then only the lay papists that are capable of being treated with , and we are to examine of what temper they are , and what arguments are the most likely to prevail upon them , and how far 't is adviseable for the government to be indulgent to them ; the lay papists generally keep their religion , rather because they will not break company with those of their party , than out of any settled zeal that hath root in them ; most of them do by the mediation of the priests marry amongst one another , to keep up an ignorant position by hearing only one side ; others by a mistake look upon it as the escutcheons of the more antient religion of the two ; and as some men of a good pedigree , will despise meaner men , tho' never so much superior to them by nature , so these undervalue reformation as an upstart , and think there is more honour in supporting an old errour , than in embracing what seems to them to be a new truth ; the laws have made them men of pleasure , by excluding them from publick business , and it happens well they are so , since they will the more easily be perswaded by arguments of ease and conveniency ●o them ; they have not put off the 〈◊〉 ●n general , nor the englishman in particular , those who in the late 〈◊〉 against them went into other countries , tho they had all the advantage that might recommend them to a good reception , yet in a little time they chose to steal over again , and live here with hazard , rather than abroad with security . there is a smell in our native earth , better than all the perfumes in the east ; there is something in a mother , tho never so angry , that the children will more naturally trust her , than the studied civilities of strangers , let them be never so hospitable ; therefore 't is not adviseable , nor agreeing with the rules of governing prudence , to provoke men by hardships to forget that nature , which else is sure to be of our side . when these men by fair usage are put again into their right senses , they will have quite differing reflections from those which rigour and persecution had raised in them : a lay papist will first consider his abby-lands which notwithstanding whatever ha● or can be alledged , must sink considerably in the value , the moment tha● popery prevails ; and it being a disputable matter , whether zeal migh● not in a little time get the better 〈◊〉 the law in that case ; a considering man will admit that as an argument to perswade him , to be content with things as they are , rather than run this or any other hazard by change , in which perhaps he may have no other advantage , than that his new humble confessor may he rais'd to a bishoprick , and from thence look down superciliously upon his patron , or which is worse , run to take possession for god almighty of his abby , in such a manner as the usurping landlord ( as he will then be called ) shall hardly be admitted to be so much as a tenant to his own lands , lest his title should prejudge that of the church , which will then be the language ; he will think what disadvantage 't is to be looked upon as a separate creature , depending upon a foreign interest and authority , and for that reason , expos'd to the jealousie and suspicion of his country-men ; he will reflect what incumbrance it is to have his house a pasture for hungry priests to graze in , which have such a never-failing influence upon the foolish , which is the greatest part of every man's family , that a man's dominion , even over his own children , is mangled and divided , if not totally undermin'd by them ; then to be subject to what arbitrary taxes the popish convocations shall impose upon them for the carrying on the common interest of that religion , under penalty of being markd out for half hereticks by the rest of the party ; to have no share in business , no opportunity of shewing his own value to the world ; to live at the best an useless , and by others to be thought a dangerous member of the nation where he is born , is a burthen to a generous mind that cannot be taken off by all the pleasure of a lazy unmanly life , or by the nauseous enjoyment of a dull plenty , that produceth no good for the mind , which will be considered in the first place by a man that has a soul ; when he shall think , that if his religion , after his wading through a sea of blood , come at last to prevail , it would infinitely lessen , if not entirely destroy the glory , riches , strength and liberty of his own country . and what a sacrifice is this to make to rome , where they are wise enough to wonder there should be such fools in the world , as to venture , struggle , and contend , nay , even die martyrs for that which , should it succecd , would prove a judgment instead of a blessing to them ; he will conclude that the advantages of throwing some of their children back again to god almighty when they have too many of them , are not equal to the inconveniencies they may either feel or fear , by continuing their separation from the religion established . temporal things will have their weight in the world , and tho zeal may prevail for a time , and get the better in a skirmish , yet the war ends generally on the side of flesh and blood , and will do so till mankind is another thing than it is at present : and therefore a wise papist in cold blood , considering these and many other circumstances , which 't will be worth his pains to see if he can unmuffle himself from the mask of infallibility , will think it reasonable to set his imprison'd senses at liberty , and that he has a right to see with his own eyes , hear with his own ears , and judge by his own reason ; the consequence of which might probably be , that weighing things in a right scale , and seeing them in their true colours , he would distinguish between the merit of suffering for a good cause , and the foolish ostentation of drawing inconveniencies upon himself ; and therefore will not be unwilling to be convinc'd that our protestant creed may make him happy in the other world , and the easier in this . a few of such wise proselytes would by their example draw so many after them , that the party would insensibly melt away , and in a little time , without any angry word , we should come to an union , that all good men would have reason to rejoyce at ; but we are not to presume upon these conversions , without preparing men for them by kind and reconciling arguments ; nothing is so against our nature , as to believe those can be in the right who are too hard upon us ; there is a deformity in every thing that doth us hurt , it will look scurvily in our eye while the smart continues , and a man must have an extraordinary measure of grace , to think well of a religion that reduces him and his family to misery ; in this respect our trimmer would consent to the mitigation of such laws as were made , ( as it 's said king henry viii . got queen elizabeth ) in a heat against rome : it may be said that even states as well as private men are subject to passion ; a just indignation of a villainous attempt produces at the same time such remedies , as perhaps are not without some mixture of revenge , and therefore tho time cannot repeal a law , it may by a natural effect soften the execution of it ; there is less danger to rouse a lyon when at rest , than to awake laws that were intended to have their time of sleeping , nay more than that , in some cases their natural periods of life , dying of themselves without the solemnity of being revoked , any otherwise than by the common consent of mankind , who do cease to execute , when the reasons in great measure fail that first created and justifyed the rigour of such unusual penalties . our trimmer is not eager to pick out some places in history against this or any other party ; quite contrary , is very sollicitous to find out any thing that may be healing , and tend to an agreement ; but to prescribe the means of this gentleness so as to make it effectual , must come from the only place that can furnish remedies for this cure , viz. a parliament ; in the mean time , it is to be wished there may be such a mutual calmness of mind , as that the protestants might not be so jealous , as still to smell the match that was to blow up the king , and both houses in the gunpowder treason , or to start at every appearance of popery , as if it were just taking possession . on the other side , let not the papists suffer themselves to be led by any hopes , tho never so flattering , to a confidence or ostentation which must provoke men to be less kind to them ; let them use modesty on their sides , and the protestants indulgence on theirs ; and by this means there will be an overlooking of all venial faults , a tacit connivanee at all things that do not carry scandal with them , and would amount to a kind of natural dispensation with the the severe laws , since there would be no more accusers to be found , when the occasions of anger and animosity are once remov'd ; let the papists in the mean time remember , that there is a respect due from all lesser numbers to greater , a deference to be paid by an opinion that is exploded , to one that is established ; such a thought well digested will have an influence upon their behaviour , and produce such a temper as must win the most eager adversaries out of their ill humour to them , and give them a title to all the favour that may be consistent with the publick peace and security . the trimmer's opinion in relation to things abroad . the world is so compos'd , that it is hard , if not impossible , for a nation not to be a great deal involv'd in the fate of their neighbours , and tho by the felicity of our scituation , we are more independant than any other people , yet we have in all ages been concern'd for our own sakes in the revolutions abroad . there was a time when england was the over-ballancing power of christendom , and that either by inheritance or conquest , the better part of france receiv'd laws from us ; after that we being reduc'd into our own limits , france and spain became the rivals for the universal monarchy , and our third power , tho in it self less than either of the other , hapned to be superiour to any of them , by that choice we had of throwing the scales on that side to which we gave our friendship . i do not know whether this figure did not make us as great as our former conquest , to be a perpetual umpire of two great contending powers , who gave us all their courtship , and offer'd all their incense at our altar , whilst the fate of either prince seemed to depend upon the oracles we delivered ; for the king of england to sit on his throne , as in the supream court of justice , to which the two great monarchs appeal , pleading their cause , and expecting their sentence . declaring which side was in the right , or at least if we pleas'd which side should have the better of it , was a piece of greatness which was peculiar to us , and no wonder if we endeavour to preserve it , as we did for a considerable time , it being our safety , as well as glory , to maintain it ; but by a fatality upon our councils , or by the refin'd policy of this latter age , we have thought fit to use industry to destroy this mighty power , which we have so long enjoyed ; and that equality between the two monarchs , which we might for ever have preserved , has been chiefly broken by us , whose interest it was above all others to maintain it ; when one of them , like the overflowing of the sea , had gained more upon the other than our convenience , or indeed our safety , would allow ; instead of mending the banks , or making new ones , we our selves with our own hands helpt to cut them , to invite and make way for a farther inundation . france and spain have had their several turns in making use of our mistakes , and we have been formerly as deaf to the instances of the then weaker part of the world to help them against the house of austria , as we can now be to the earnestness of spain , that we would assist them against the power of france . gondamar was as sawcy , and as powerful too in king james his court , as any french ambassadour can have been at any time since , when men talkt as wrong then on the spanish side , and made their court by it , as well as any can have done since by talking as much for the french ; so that from that time , instead of weighing in a wisebalance the power of either crown , it looks as if we had learnt only to weigh the pensions , and take the heaviest . it would be tedious , as well as unwelcome , to recapitulate all our wrong steps , so that i will go no farther than the king's restauration , at which time the balance was on the side of france , and that by the means of cromwell , who for a separate interest of his own had sacrificed that of the nation , by joining with the stronger side , to suppress the power of spain , which he ought to have supported . such a method was natural enough to an usurper , and shew'd he was not the lawful father of the people , by his having so little care of them ; and the example coming from that hand , one would think should , for that reason , be less likely to be follow'd . but to go on , home comes the king , followed with courtships from all nations abroad , of which some did it not only to make them forget how familiarly they had us'd him when he was in other circumstances , but to bespeak the friendship of a prince , who , besides his other greatness , was yet more considerable by being re-established by the love of his people . france had an interest either to dispose us to so much good will , or at least to put us into such a condition , that we might give no opposition to their designs ; and flanders being a perpetual object in their eye , a lasting beauty for which they have an incurable passion , and not being kind enough to consent to them , they meditated to commit a rape upon her , which they thought would not be easie to do , whilst england and holland were agreed to rescue her , when-ever they should hear her cry out for help to them ; to this end they put in practice seasonable and artificial whispers , to widen things between us , and the states . amboyna and the fishery must be talk'd of here ; the freedom of the seas , and the preservation of trade must be insinuated there ; and there being combustible matter on both sides , in a little time it took fire , which gave those that kindled it , sufficient cause to smile and hug themselves , to see us both fall into the net they had laid for us . and it is observable and of good example to us , if we will take it , that their design being to set us together at cuffs to weaken us , they kept themselves lookers on till our victories began to break the balance ; then the king of france , like a wise prince , was resolved to support the beaten side , and would no more let the power of the sea , than we ought to suffer the monarchy of europe , to fall into one hand : in pursuance to this , he took part with the dutch , and in a little time made himself umpire of the peace between us ; some time after , upon pretence of his queen's title to part of flanders , by right of devolution , he falls into it with a mighty force , for which the spaniard was so little prepared , that he made a very swift progress , and had such a torrent of undisputed victory , that england and holland , tho the wounds they had given one another were yet green , being struck with the apprehension of so near a danger to them , thought it necessary , for their own defence , to make up a sudden league , into which sweden was taken to interpose for a peace between the two crowns . this had so good an effect , that france was stopt in its career , and the peace of aix le chapelle was a little after concluded . 't was a forc'd putt ; and tho france wisely dissembled their inward dissatisfaction , yet from the very moment they resolv'd to unty the triple knot , whatever it cost them ; for his christian majesty , after his conquering meals , ever rises with a stomach , and he lik'd the pattern so well , that it gave him a longing desire to have the whole piece . amongst the other means used for the attaining this end , the sending over the dutchess of orleans , was not the least powerful ; she was a very welcome guest here , and her own charms and dexterity joined with other advantages , that might help her perswasions , gave her such an ascendant , that she could hardly fail of success . one of the preliminaries of her treaty , tho a trivial thing in it self , yet was considerable in the consequence , as very small circumstances often are in relation to the government of the world. about this time a general humour , in opposition to france , had made us throw off their fashion , and put on vests , that we might look more like a distinct people , and not be under the servility of imitation , which ever pays a greater deference to the original , than is consistent with the equality all independent nations should pretend to ; france did not like this small beginning of ill humours , at least of emulation , and wisely considering that it is a natural introduction first to make the world their apes , that they may be afterwards their slaves . it was thought that one of the instructions madam brought along with her , was to laugh us out of these vests , which she performed so effectually , that in a moment , like so many footmen who had quitted their masters livery , we all took it again , and returned to our old service ; so that the very time of doing it gave a very critical advantage to france , since it lookt like an evidence of our returning to their interest , as well as to their fashion , and would give such a distrust of us to our new allies , that it might facilitate the dissolution of the knot , which tied them so within their bounds , that they were very impatient till they were freed from the restraint . but the lady had a more extended commission than this , and without doubt we double-laid the foundation of a new strict alliance , quite contrary to the other , in which we had been so lately engag'd . and of this there were such early appearances , that the world began to look upon us as falling into apostacy from the common interest . notwithstanding all this , france did not neglect at the same time to give good words to the dutch , and even to feed them with hopes of supporting them against us , when on a sudden , that never to be forgotten declaration of war against them comes out , only to vindicate his own glory , and to revenge the injuries done to his brother in england , by which he became our second in this duel ; so humble can this prince be , when at the same time he does more honour than we deserve , he lays a greater share of the blame upon our shoulders , than did naturally belong to us ; the particulars of that war , our part in it while we staid in , and when we were out of breath , our leaving the french to make an end of it , are things too well known to make it necessary , and too unwelcome in themselves to incite me to repeat them ; only the wisdom of france is in this to be observed , that when we had made a separate peace , which left them single to oppose the united force of the confederates , they were so far from being angry , that they would not shew so much as the least coldness , hoping to get as much by our mediation for a peace , as they would have expected from our assistance in the war , our circumstances at that time considered . this seasonable piece of indulgence in not reproaching us , but rather allowing those necessities of state which we gave for our excuse , was such an engaging method , that it went a great way to keep us still in their chains , when , to the eye of the world , we had absolutely broke loose from them : and what passed afterwards at nimoguen , tho the king's neutrality gave him the outward figure of a mediator , it appear'd that his interposition was extremely suspected of partiality by the confederates , who upon that ground did both at and before the conclusion of that treaty , treat his ministers there with a great deal of neglect . in this peace , as well as that in the pirenean and aix le chapelle , the king of france , at the moment of making it , had the thought of breaking it ; for a very little time after he broach'd his pretensions upon alost , which were things that if they had been offer'd by a less formidable hand , would have been smiled at ; but ill arguments being seconded by good armies , carry such a power with them , that naked sense is a very unequal adversary . it was thought that these aiery claims were chiefly rais'd with the prospect of getting luxemburg for the equivalent ; and this opinion was confirm'd by the blocking it up afterwards , pretending to the country of chimay , that it might be entirely surrounded by the french dominions , and it was so pressed that it might have fallen in a little time , if the king of france had not sent orders to his troops to retire , and his christian generosity which was assign'd for the reason of it , made the world smile , since it is seen how differently his devout zeal works in hungary : that specious reason was in many respects ill-tim'd , and france it self gave it so faintly , that at the very time it look'd out of countenance ; the true ground of his retiring is worth our observation ; for at the instance of the confederates , offices were done , and memorials given , but all ineffectual till the word parliament was put into them ; that powerful word had such an effect , that even at that distance it rais'd the siege , which may convince us of what efficacy the king of england's words are , when he will give them their full weight , and threaten with his parliament ; it is then that he appears that great figure we ought to represent him in our minds , the nation his body , he the head , and joined with that harmony , that every word he pronounces is the word of a kingdom : such words , as appears by this example , are as effectual as fleets and armies , because they can create them , and without this his word sounds abroad like a faint whisper , that is either not heard , or ( which is worse ) not minded . but tho france had made this step of forced compliance , it did not mean to leave off the pursuit of their pretensions ; and therefore immediately proposed the arbitration to the king ; but it appear'd , that notwithstanding his merit towards the confederates , in saving luxenburgh , the remembrances of what had passed before , had left such an ill taste in their mouths , that they could not relish our being put into a condition to dispose of their interests , and therefore declin d it by insisting upon a general treaty , to which france has ever since continued to be averse ; our great earnestness also to perswade the confederates to consent to it , was so unusual , and so suspicious a method , that it might naturally make them believe , that france spake to them by our mouth , and for that reason , if there has been no other , might hinder the accepting it ; and so little care hath been taken to cure this , or other jealousies the confederates may have entertain'd , that quite contrary , their ministers here every day take fresh alarms , from what they observe in small , as well as in greater circumstances ; and they being apt both to take and improve apprehensions of this kind , draw such inferences from them , as make them entirely despair of us . thus we now stand , far from being innocent spectators of our neighbours ruine , and by a fatal mistake forgetting what a certain fore-runner it is to our own ; and now it 's time our trimmer should tell something of his opinion , upon this present state of things abroad ; he first professes to have no biass , either for or against france , and that his thoughts are wholly directed by the interest of his own country ; he allows , and has read that spain used the same methods , when it was in its heighth , as france doth now , and therefore 't is not partiality that moves him ; but the just fear which all reasonable men must be possess'd with , of an overgrowing power ; ambition is a devouring beast , when it hath swallow'd one province , instead of being cloyed , it has so much the greater stomach to another , and being fed , becomes still the more hungry ; so that for the confederates to expect a security from any thing but their own united strength , is a most miserable fallacy ; and if they cannot resist the incroachments of france by their arms , it is in vain for them to dream of any other means of preservation ; it would have the better grace , besides the saving so much blood and ruin , to give up all at once ; make a present of themselves , to appease this haughty monarch , rather than be whisper'd , flatter'd , or cozened out of their liberty . nothing is so soft as the first applications of a greater prince , to engage a weaker , but that smiling countenance is but a vizard , it is not the true face ; for as soon as their turn is serv'd , the courtship flyes to some other prince or state , where the same part is to be acted over again , leaves the old mistaken friend , to neglect and contempt , and like an insolent lover to a cast off mistress , reproaches her with that infamy , of which he himself was the author . sweden , bavaria , palatine , &c. may by their fresh examples , teach other princes what they are reasonably to expect , and what snakes are hid under the flowers the court of france so liberally throws upon them , whilst they can be useful . the various methods and deep intrigues , with the differing notes in several countries , do not only give suspicion , but assurance that every thing is put in practice , by which universal monarchy may be obtained . who can reconcile the withdrawing of his troops from luxenburg , in consideration of the war in hungary , which was not then declared , and presently after encouraging the turk to take vienna , and consequently to destroy the empire ? or who can think that the persecution of the poor protestants of france , will be accepted of god , as an attonement for hazarding the loss of the whole christian faith ? can he be thought in earnest , when he seem'd to be afraid of the spaniards , and for that reason must have luxenburg , and that he cannot be safe from germany , unless he is in possession of strasburg ? all injustice and violence must in it self be grievous , but the aggravations of supporting 'em by false arguments , and insulting reasons , has something in it yet more provoking , than the injuries themselves ; and the world has ground enough to apprehend , from such a method of arguing , that even their senses are to be subdu'd as well as their liberties . then the variety of arguments used by france in several countries is very observable : in england and denmark , nothing insisted on but the greatness and authority of the crown ; on the other side , the great men in poland are commended , who differ in opinion with the king , and they argue like friends to the priviledge of the dyet , against the separate power of the crown : in sweden they are troubled that the king should have chang'd something there of late , by his single authority , from the antient and settled authority and constitutions : at ratisbone , the most christian majesty taketh the liberties of all the electors , and free states , into his immediate protection , and tells them the emperour is a dangerous man , an aspiring hero , that would infallibly devour them , if he was not at hand to resist him on their behalf ; but above all in holland , he has the most obliging tenderness for the common-wealth , and is in such disquiets , lest it should be invaded by the prince of orange , that they can do no less in gratitude , than undo themselves when he bids them , to show how sensible they are of his excessive good nature ; yet in spight of all these contradictions , there are in the world such refin'd states-men , as will upon their credit affirm the following paradoxes to be real truth ; first that france alone is sincere and keeps its faith , and consequently that it is the only friend we can rely upon ; that the king of france , of all men living , has the least mind to be a conqueror ; that he is a sleepy , tame creature , void of all ambition , a poor kind of a man , that has no farther thoughts than to be quiet ; that he is charm'd by his friendship to us , that it is impossible he should ever do us hurt , and therefore tho flanders was lost , it would not in the least concern us ; that he would fain help the crown of england to be absolute , which would be to take pains to put it into a condition to oppose him , as it is , and must be our interest , as long as he continues in such an overballancing power and greatness . such a creed as this , if once receiv'd , might prepare our belief for greater things , and as he that taught men to eat a dagger , began first with a pen-knife ; so if we can be prevail'd with to digest the smaller mistakes , we may at last make our stomachs strong enough for that of transubstantiation . our trimmer cannot easily be converted out of his senses by these state sophisters , and yet he has no such peevish obstinacy as to reject all correspondence with france , because we ought to be apprehensive of the too great power of it ; he would not have the kings friendship to the confederates extended to the involving him in any unreasonable or dangerous engagements , neither would he have him lay aside the consideration of his better establishment at home , out of his excessive zeal to secure his allies abroad ; but sure there might be a mean between these two opposite extreams , and it may be wish'd that our friendship with france should at least be so bounded , that it may consist with the humour as well as the interest of england . there is no woman but has the fears of contracting too near an intimacy with a much greater beauty , because it exposes her too often to a comparison that is not advantageous to her ; and sure it may become a prince to be as jealous of his dignity , as a lady can be of her good looks , and to be as much out of countenance , to be thought an humble companion to so much a greater power ; to be always seen in an ill light , to be so darkned by the brightness of a greater star , is somewhat mortifying ; and when england might ride admiral at the head of the confederates , to look like the kitching-yatch to the grand louis , is but a scurvy figure for us to make in the map of christendom ; it would rise up in our trimmer's stomach , if ever ( which god forbid ) the power of calling and intermitting parliaments here , should be transferred to the crown of france , and that all the opportunities of our own settlements at home should give way to their projects abroad ; and that our interest should be so far sacrific'd to our compliance , that all the omnipotence of france can never make us full amends for it . in the mean time , he shrinks at the dismal prospect he can by no means drive away from his thoughts , that when france has gatherd all the fruit arising from our mistakes , and that we can bear no more with them , they will cut down the tree and throw it into the fire ; for all this while , some superfine states-men , to comfort us , would fain perswade the world that this or that accident may save us , and for all that is or ought to be dear to us , would have us to rely wholly upon chance , not considering that fortune is wisdoms creature , and that god almighty loves to be on the wisest as well as the strongest side ; therefore this is such a miserable shift , such a shameful evasion , that they would be laught to death for it , if the ruining consequence of this mistake did not more dispose men to rage , and a detestation of it . our trimmer is far from idolatry in other things , in one thing only he comes near it , his country is in some degree his idol ; he does not worship the sun , because 't is not peculiar to us , it rambles about the world , and is less kind to us than others ; but for the earth of england , tho perhaps inferior to that of many places abroad , to him there is divinity in it , and he would rather dye , than see a piece of english glass trampled down by a foreign trespasser : he thinks there are a great many of his mind , for all plants are apt to taste of the soyl in which they grow , and we that grow here , have a root that produces in us a stalk of english juice , which is not to be changed by grafting or foreign infusion ; and i do not know whether any thing less will prevail , than the modern experiment , by which the blood of one creature is transinitted into another ; according to which , before the french can be let into our bodies , every drop of ourown must be drawn out of them . our trimmer cannot but lament , that by a sacrifice too great for one nation to another , we should be like a rich mine , made useless only for want of being wrought , and that the life and vigour which should move us against our enemies is miserably apply'd to tear our own bowels ; that being made by our happy scituation , not only safer , but if we please greater too , than other countries which far exceed us in extent ; that having courage by nature , learning by industry , and riches by trade , we should corrupt all these advantages , so as to make them insignificant , and by a fatality which seems peculiar to us , misplace our active rage one against another , whilst we are turn'd into statues on that side where lies our greatest danger ; to be unconcern'd not only at our neighbours ruine but our own , and let our island lye like a great hulk in the sea , without rudder or sail , all the men cast away in her , or as if we were all children in a great cradle , and rockt asleep to a foreign tune . i say when our trimmer representeth to his mind , our roses blasted and discolourd , whilst the lillies triumph and grow insolent , upon the comparison ; when he considers our own once flourishing lawrel , now withered and dying , and nothing left us but a remembrance of a better part in history , than we shall make in the next age ; which will be no more to us than an escutcheon hung upon our door when we are dead ; when he foresees from hence , growing infamy from abroad , confusion at home , and all this without the possibility of a cure , in respect of the voluntary fetters good men put upon themselves by their allegiance without a good measure of preventing grace , he would be tempted to go out of the world like a roman philosopher , rather than endure the burthen of life under such a discouraging prospect . but mistakes , as all other things , have their periods , and many times the nearest way to cure , is not to oppose them , but stay till they are crusht with their own weight : for nature will not allow any thing to continue long that is violent ; violence is a wound , and as a wound , must be curable in a little time , or else 't is mortal ; but a nation comes near to be immortal , therefore the wound will one time or another be cured , tho perhaps by such rough methods , if too long forborn , as may even make the best remedies we can prepare , to be at the same time a melancholly contemplation to us ; there is but one thing ( god almighties providence excepted ) to support a man from sinking under these afflicting thoughts , and that is the hopes we draw singly from the king himself , without the mixture of any other consideration . tho the nation was lavish of their kindness to him at his first coming , yet there remains still a stock of warmth in mens hearts for him . besides the good influences of his happy planet are not yet all spent , and tho the stars of men past their youth are generally declining , and have less force , like the eyes of decaying beauties , yet by a blessing peculiar to himself , we may yet hope to be sav'd by his autumnal fortune : he has something about him that will draw down a healing miracle for his and our deliverance ; a prince which seems fitted for such an offending age , in which mens crimes have been so general , that the not forgiving his people has been the destroying of them , whose gentleness gives him a natural dominion that hath no bounds , with such a noble mixture of greatness and condescention , an engaging look , that disarms men of their ill humours , and their resentments ; something in him that wanteth a name , and can be no more defined than it can be resisted ; a gift of heaven , of its last finishing , where it will be peculiarly kind ; the only prince in the world that dares be familiar , or that has right to triumph over those forms which were first invented to give awe to those who could not judge , and to hide defects from those that could ; a prince that has exhausted himself by his liberality , and endanger'd himself by his mercy ; who out-shines by his own light and natural virtues all the varnish of studied acquisitions ; his faults are like shades to a good picture , or like allay to gold , to make it the more useful , he may have some , but for any man to see them through so many reconciling virtues , is a sacrilegious piece of of ill nature , of which no generous mind can be guilty ; a prince that deserves to be lov'd for his own sake , even without the help of a comparison ; our love , our duty , and our danger , all join to cement our obedience to him ; in short , whatever he can do , it is no more possible for us to be angry with him , than with a bank that secures us from the raging sea , the kind shade that hides us from the scorching sun , the welcom hand that reaches us a reprieve , or with the guardian-angel , that rescues our souls from the devouring jaws of wretched eternity . conclusion . to conclude , our trimmer is so fully satisfy'd of the truth of these principles , by which he is directed , in reference to the publick , that he will neither be hectored and threatned , laught , nor drunk cut of them ; and instead of being converted by the arguments of his adversaries to their opinions , he is very much confirmed in his own by them ; he professes solemnly that were it in his power to chuse , he would rather have his ambition bounded by the commands of a great and wise master , than let it range with a popular licence , tho crown'd with success ; yet he cannot commit such a sin against the glorious thing call'd liberty , nor let his soul stoop so much below it self , as to be content without repining to have his reason wholly subdu'd , or the priviledge of acting like a sensible creature , torn from him by the imperious dictates of unlimited authority , in what hand soever it happens to be plac'd . what is there in this that is so criminal , as to deserve the penalty of that most singular apothegme , a trimmer is worse than a rebel ? what do angry men ail to rail so against moderation , do's it not look as if they were going to some very scurvy extreme , that is too strong to be digested by the more considering part of mankind ? these arbitrary methods , besides the injustice of them , are ( god be thanked ) very unskilful too , for they fright the birds , by talking so loud , from coming into the nets that are laid for them ; and when men agree to rifle a house , they seldom give warning , or blow a trumpet ; but there are some small states-men , who are so full charg'd with their own expectations , that they cannot contain . and kind heaven by sending such a seasonable curse upon their undertakings , has made their ignorance an antidote against their malice ; some of these cannot treat peaceably , yielding will not satisfy them , they will have men by storm ; there are others , that must have plots , to make their service more necessary , and have an interest to keep them alive , since they are to live upon them ; and perswade the king to retrench his own greatness , so as to shrink into the head of a party , which is the betraying him into such an unprincely mistake , and to such a wilful diminution of himself , that they are the last enemies he ought to allow himself to forgive ; such men , if they could , would prevail with the sun to shine only upon them and their friends , and to leave all the rest of the world in the dark ; this is a very unusual monopoly , and may come within the equity of the law , which makes it treason to imprison the king , when such unfitting bounds are put to his favour , and he confin'd to the narrow limits of a particular set of men , that would inclose him ; these honest and only loyal gentlemen , if they may be allow'd to bear witness for themselves , make a king their engine , and degrade him into a property at the very time that their flattery would make him believe they paid divine worship to him ; besides these there is a flying squadron on both sides , that are afraid the world should agree , small dabblers in conjuring , that raise angry apparitions to keep men from being reconcil'd , like wasps that fly up and down , buz and sting to keep men unquiet ; but these insects are commonly short-liv'd creatures , and no doubt in a little time mankind will be rid of them ; they were gyants at least who fought once against heaven , but for such pigmies as these to contend against it , is such a provoking folly , that the insolent bunglers ought to be laught and hist out of the world for it ; they should consider there is a soul in that great body of the people , which may for a time be drowzy and unactive , but when the leviathan is rouz'd , it moves like an angry creature , and will neither be convinc'd nor resisted : the people can never agree to shew their united powers , till they are extremely tempted and provoked to it , so that to apply cupping-glasses to a great beast naturally dispos'd to sleep , and to force the tame thing whether it will or no to be valiant , must be learnt out of some other book than machiavil , who would never have prescrib'd such a proposterous method . it is to be remembred , that if princes have law and authority on their sides , the people on theirs may have nature , which is a formidable adversary ; duty , justice , religion , nay , even humane prudence too , bids the people suffer any thing rather than resist ; but uncorrected nature , where e're it feels the smart will run to the nearest remedy , mens passions in this case are to be consider'd as well as their duty , let it be never so strongly enforc'd , for if their passions are provok'd , they being as much a part of us as our limbs , they lead men into a short way of arguing , that admits no distinction , and from the foundation of self-defence , they will draw inferences , that will have miserable effects upon the quiet of a government . our trimmer therefore dreads a general discontent , because he thinks it differs from a rebellion , only as a spotted fever does from the plague , the same species under a lower degree of malignity ; it works several ways , sometimes like a slow poyson that has its effects at a great distance from the time it was given , sometimes like dry flax prepared to catch at the first fire , or like seed in the ground ready to sprout upon the first shower ; in every shape 't is fatal , and our trimmer thinks no pains or precaution can be so great as to prevent it . in short he thinks himself in the right , grounding his opinion upon that truth , which equally hates to be under the oppressions of wrangling sophistry of the one hand , or the short dictates of mistaken authority on the other . our trimmer adores the goddess truth , tho' in all ages she has been scurvily used , as well as those that worshipped her ; 't is of late become such a ruining virtue , that mankind seems to be agreed to commend and avoid it ; yet the want of practice which repeals the other laws , has no influence upon the law of truth , because it has root in heaven , and an intrinfick value in it self , that can never be impaired ; she shews her greatness in this , that her enemies even when they are successful are asham'd to own it ; nothing but power full of truth has the prerogative of triumphing , not only after victories , but in spite of them , and to put conquest her self out of countenance ; she may be kept under and supprest , but her dignity still remains with her , even when she is in chains ; falshood with all her impudence , has not enough to speak ill of her before her face , such majesty she carries about her , that her most prosperous enemies are fain to whisper their treason ; all the power upon earth can never extinguish her , she has lived in all ages ; and let the mistaken zeal of prevailing authority , christen any opposition to it , with what name they please , she makes it not only an ugly and unmannerly , but a dangerous thing to persist ; she has lived very retired indeed , nay sometime so buried , that only some few of the discerning part of mankind could have a glimpse of her ; with all that she has eternity in her , she knows not how to dye , and from the darkest clouds that shade and cover her , she breaks from time to time with triumph for her friends , and terrour to her enemies . our trimmer therefore inspired by this divine virtue , thinks fit to conclude with these assertions , that our climate is a trimmer , between that part of the world where men are roasted , and the other where they are frozen ; that our church is a trimmer , between the phrenzy of pratonick visions , and the lethargick ignorance of popish dreams ; that our laws are trimmers , between the excess of unbounded power , and the extravagance of liberty not enough restrained ; that true virtue has ever been thought a trimmer , and to have its dwelling in the middle between the two extreams ; that even god almighty himself is divided between his two great attributes , his mercy and his justice . in such company , our trimmer is not asham'd of his name , and willingly leaves to the bold champions of either extream , the honour of contending with no less adversaries , than nature , religion , liberty , prudence , humanity , and common sense . finis . the lady's new-year's-gift : or , advice to a daughter dear daughter , i find , that even our most pleasing . thoughts will be unquiet ; they will be in motion ; and the mind can have no rest whilst it is possess'd by a darling passion . you are at present the chief object of my care , as well as of my kindness , which sometimes throweth me into visions of your being happy in the world , that are better suited to my partial wishes , than to my reasonable hopes for you . at other times , when my fears prevail , i shrink as if i was struck , at the prospect of danger , to which a young woman must be expos'd . by how much the more . lively , so much the more liable you are to be hurt ; as the finest plants are the soonest nipped by the frost . whilst you are playing full of innocence , the spitefull world will bite , except you are guarded by your caution . want of care therefore , my dear child , is never to be excus'd ; since , as to this world , it hath the same effect as want of vertue . such an early sprouting wit requireth so much the more to be sheltred by some rules , like something strew'd on tender flowers to preserve them from being blasted . you must take it well to be prun'd by so kind a hand as that of a father . there may be some bitterness in meer obedience : the natural love of liberty may help to make the commands of a parent harder to go down : some inward resistance there will be , where power and not choice maketh us move . but when a father layeth aside his authority , and persuadeth only by his kindness , you will never answer it to good nature , if it hath not weight with you . a great part of what is said in the following discourse may be above the present growth of your understanding ; but that becoming every day taller , will in a little time reach up to it , so as to make it easie to you . i am willing to begin with you before your mind is quite form'd , that being the time in which it is most capable of receiving a colour that will last when it is mix'd with it . few things are well learnt , but by early precepts : those well infus'd , make them natural ; and we are never sure of retaining what is valuable , till by a continued habit we have made it a piece of us . whether my skill can draw the picture of a fine woman , may be a question : but it can be none , that i have drawn that of a kind father : if you will take an exact copy , i will so far presume upon my workmanship as to undertake you shall not make an ill figure . give me so much credit as to try , and i am sure that neither your wishes nor mine shall be disappointed by it . religion . the first thing to be considered , is religion . it must be the chief object of your thoughts , since it would be a vain thing to direct your behaviour in the world , and forget that which you are to have towards him who made it . in a strict sense , it is the only thing necessary : you must take it into your mind , and from thence throw it into your heart , where you are to embrace it so close as never to lose the possession of it . but then it is necessary to distinguish between the reality and the pretence . religion doth not consist in believing the legend of the nursery , where children with their milk are fed with the tales of witches , hobgoblings , prophecies , and miracles . we suck in so greedily these early mistakes , that our riper vnderstanding hath much ado to cleanse our minds from this kind of trash : the stories are so entertaining , that we do not only believe them , but relate them ; which makes the discovery of the truth somewhat grievous , when it makes us lose such a field of impertinence , where we might have diverted our selves , besides the throwing some shame upon us for having ever received them . this is making the world a jest , and imputing to god almighty , that the province he assigneth to the devil , is to play at blind-mans-buff , and shew tricks with mankind ; and is so far from being religion , that it is not sense , and hath right only to be call'd that kind of devotion , of which ignorance is the undoubted mother , without competition or dispute . these mistakes are therefore to be left off with your hanging-sleeves ; and you ought to be as much out of countenance to be found with them about you , as to be seen playing with babies , at an age when other things are expected from you . the next thing to be observ'd to you , is , that religion doth as little consist in loud answers and devout convulsions at church , or praying in an extraordinary manner . some ladies are so extream stirring at church , that one would swear the worm in their conscience made them so unquiet . others will have such a divided face between a devout goggle and an inviting glance , that the unnatural mixture maketh even the best looks to be at that time ridiculous . these affected appearances are ever suspected , like very strong perfumes , which are generally thought no very good symptoms in those that make use of them . let your earnestness therefore be reserv'd for your closet , where you may have god almighty to your self : in publick be still and calm , neither undecently careless , nor affected in the other extream . it is not true devotion , to put on an angry zeal against those who may be of a differing persuasion . partiality to our selves makes us often mistake it for a duty , to fall hard upon others in that case ; and being push'd on by self-conceit , we strike without mercy believing that the wounds we give are meritorious , and that we are fighting god almighty's quarrel ; when the truth is , we are only setting out our selves . our devotion too often breaketh out into that shape which most agreeth with our particular temper . the cholerick grow into a hardned severity against all who dissent from them ; snatch at all the texts of scripture that suit with their complexion ; and because god's wrath was some time kindled , they conclude , that anger is a divine vertue ; and are so far from imagining their ill natur'd zeal requireth an apology , that they value themselves upon it , and triumph in it . others , whose nature is more credulous than ordinary , admit no bounds or measure to it ; they grow as proud of extending their faith , as princes are of enlarging their dominions ; not considering , that our faith , like our stomach , is capable of being over-charg'd ; and that as the last is destroy'd by taking in more than it can digest , so our reason may be extinguish'd by oppressing it with the weight of too many strange things ; especially if we are forbidden to chew what we are commanded to swallow . the melancholy and the sullen are apt to place a great part of their religion in dejected or ill-humour'd looks , putting on an unsociable face , and declaiming against the innocent entertainments of life , with as much sharpness as they could bestow upon the greatest crimes . this generally is only a vizard , there is seldom any thing real in it . no other thing is the better for being sowre ; and it would be hard that religion should be so , which is the best of things . in the mean time it may be said with truth , that this surly kind of devotion hath perhaps done little less hurt in the world , by frighting , than the most scandalous examples have done by infecting it . having told you , in these few instances , to which many more might be added , what is not true religion ; it is time to describe to you , what is so . the ordinary definitions of it are no more like it , than the common sign-posts are like the princes they would represent . the unskilful dawbers in all ages have generally laid on such ill colours , and drawn such harsh lines , that the beauty of it is not easily to be discerned : they have put in all the forbidding features that can be thought of ; and in the first place , have made it an irreconcilable enemy to nature ; when , in reality , they are not only friends but twins , born together at the same time ; and it is doing violence to them both , to go about to have them separated . nothing is so kind and so inviting as true and unsophisticated religion : instead of imposing unnecessary burdens upon our nature , it easeth us of the greater weight of our passions and mistakes : instead of subduing us with rigour , it redeemeth us from the slavery we are in to our selves , who are the most severe masters , whilst we are under the usurpation of our appetites let loose and not restrain'd . religion is a chearsul thing , so far from being always at cuffs with good humour , that it is inseparably united to it . nothing unpleasant belongs to it , though the spiritual cooks have done their unskilful part to give an ill relish to it . a wise epicure would be religious for the sake of pleasure ; good sense is the foundation of both ; and he is a bungler who aimeth at true luxury , but where they are join'd . religion is exalted reason , refin'd and sifted from the grosser parts of it : it dwelleth in the upper region of the mind , where there are fewest clouds or mists to darken or offend it : it is both the foundation and the crown of all vertues : it is morality improv'd and rais'd to its height , by being carried nearer heaven , the only place where perfection resideth . it cleanseth the vnderstanding , and brusheth off the earth that hangeth about our souls . it doth not want the hopes and the terrors which are made use of to support it ; neither ought it to descend to the borrowing any argument out of it self , since there we may find every thing that should invite us . if we were to be hired to religion , it is able to out-bid the corrupted world , with all it can offer to us , being so much the richer of the two , in every thing where reason is admitted to be a judge of the value . since this is so , it is worth your pains to make religion your choice , and not make use of it only as a refuge . there are ladies , who finding by the too visible decay of their good . looks , that they can shine no more by that light , put on the varnish of an affected devotion , to keep up some kind of figure in the world. they take sanctuary in the church , when they are pursued by growing contempt , which will not be stopt , but followeth them to the altar . such late penitence is only a disguise for the tormenting grief of being no more handsome . that is the killing thought which draweth the sighs and tears , that appear outwardly to be applied to a beter end . there are many who have an aguish devotion , hot and cold fits , long intermissions , and violent raptures . this uneverness is by all means to be avoided . let your method be a steady course of good life , that may run like a smooth stream , and be a perpetual spring to furnish to the continued exercise of vertue . your devotion may be earnest , but it must be unconstrained ; and like other duties , you must make it your pleasure too , or else it will have very little efficacy . by this rule you may best judge of your own heart . whilst those duties are joys , it is an evidence of their being sincere ; but when they are a penance , it is a sign that your nature maketh some resistance ; and whilst that lasteth , you can never be entirely secure of your self . if you are often unquiet , and too nearly touch'd by the cross accidents of life , your devotion is not of the right standard ; there is too much allay in it . that which is right and unmixt , taketh away the sting of every thing that would trouble you : it is like a healing balm , that extinguisheth the sharpness of the bloud ; so this softeneth and dissolveth the anguish of the mind . a devout mind hath the privilege of being free from passions , as some climates are from all venomous kind of creatures . it will raise you above the little vexations to which others for want of it , will be expos'd , and bring you to a temper , not of stupid indifference , but of such a wise resignation , that you may live in the world , so as it may hang about you like a loose garment , and not tied too close to you . take heed of running into that common error , of applying god's judgments upon particular occasions . our weights and measures are not competent to make the distribution either of his mercy or his justice : he hath thrown a veilover these things , which makes it not only an impertinence , but a kind of sacrilege , for us to give sentence in them without his commission . as to your particular faith , keep to the religion that is grown up with you , both as it is the best in it self , and that the reason of staying in it upon that ground is somewhat stronger for your sex , than it will perhaps be allow'd to be for ours ; in respect that the voluminous enquiries into the truth , by reading , are less expected from you . the best of books will be direction enough to you not to change ; and whilst you are fix'd and sufficiently confirm'd in your own mind , you will do best to keep vain doubts and scruples at such a distance , that they may give you no disquiet . let me recommend to you a method of being rightly inform'd , which can never fail : it is in short this . get vnderstanding , and practise vertue . and if you are so blessed as to have those for your share , it is not surer that there is a god , than it is , that by him all necessary truths will be revealed to you . hvsband . that which challengeth the place in your thoughts , is , how to live with a husband . and though that is so large a word , that few rules can be fix'd to it which are unchangeable , the methods being as various as the several tempers of men to which they must be suited ; yet i cannot omit some general observations , which , with the help of your own may the better direct you in the part of your life upon which your happiness most dependeth . it is one of the disadvantages belonging to your sex , that young women are seldom permitted to make their own choice ; their friends care and experience are thought safer guides to them , than their own fancies ; and their modesty often forbiddeth them to refuse when their parents recommend , though their inward consent may not entirely go along with it . in this case there remaineth nothing for them to do , but to endeavour to make that easie which falleth to their lot , and by a wise use of every thing they may dislike in a husband , turn that by degrees to be very supportable , which , if neglected , might in time beget an aversion . you must first lay it down for a foundation in general , that there is inequality in the sexes , and that for the better oeconomy of the world , the men , who were to be the law-givers , had the larger share of reason bestow'd upon them ; by which means your sex is the better prepar'd for the compliance that is necessary for the better performance of those duties which seem to be most properly assign'd to it . this looks a little uncourtly at the first appearance ; but upon examination it will be found , that nature is so far from beng unjust to you , that she is partial on our side . she hath made you such large amends by other advantages , for the seeming injustice of the first distribution , that the right of complaining is come over to our sex. you have it in your power not only to free your selves , but to sudbue your masters , and without violence throw both their natural and legal authority at your feet . we are made of differing tempers , that our defects may the better be mutually supplied : your sex wanteth our reason for your conduct , and our strength for your protection : ours wanteth your gentleness to soften , and to entertain us . the first part of our life is a good deal subjected to you in the nursery , where you reign without competition , and by that means have the advantage of giving the first impressions . afterwards you have stronger influences , which , well manag'd , have more force in your behalf , than all our privileges and jurisdictions can pretend to have against you . you have more strength in your looks , than we have in our laws , and more power by your tears , than we have by our arguments . it is true , that the laws of marriage , run in a harsher stile towards your sex. obey is an ungenteel word , and less easie to be digested , by making such an unkind distinction in the words of the contract , and so very unsuitable to the excess of good manners , which generally goes before it . besides , the universality of the rule seemeth to be a grievance , and it appeareth reasonable , that there might be an exemption for extraordinary women , from ordinary rules , to take away the just exception that lieth against the false measure of general equality . it may be alledged by the counsel retained by your sex , that as there is in all other laws , an appeal from the letter to the equity , in cases that require it : it is as reasonable , that some court of a larger jurisdiction might be erected , where some wives might resort and plead specially . and in such instances , where nature is so kind , as to raise them above the level of their own sex , they might have relief , and obtain a mitigation in their own particular , of a sentence which was given generally against woman kind . the causes of separation are now so very course , that few are confident enough to buy their liberty at the price of having their modesty so exposed . and for disparity of minds , which above all other things requireth a remedy , the laws have made no provision ; so little refin'd are numbers of men , by whom they are compil'd . this and a great deal more might be said to give a colour to the complaint . but the answer to it , in short , is , that the institution of marriage is too sacred to admit a liberty of objecting to it ; that the supposition of yours being the weaker sex , having without all doubt a good foundation , maketh it reasonable to subject it to the masculine dominion ; that no rule can be so perfect , as not to admit some exceptions ; but the law presumeth there would be so few found in this case , who would have a sufficient right to such a privilege , that it is safer some injustice should be conniv'd at in a very few instances , than to break into an establishment , upon which the order of humane society doth so much depend . you are therefore to make your best of what is settled by law and custom , and not vainly imagine , that it will be changed for your sake . but that you may not be discouraged , as if you lay under the weight of an incurable grievance , you are to know , that by a wise and dexterous conduct , it will be in your power to relieve your self from any thing that looketh like a disadvantage in it . for your better direction , i will give a hint of the most ordinary causes of dissatisfaction between man and wife , that may be able by such a warning to live so upon your guard , that when you shall be married , you may know how to cure your husband 's mistakes , and to prevent your own . first then , you are to consider , you live in a time which hath rendred some kind of frailties so habitual , that they lay claim to large grains of allowance . the world in this is somewhat unequal , and our sex seemeth to play the tyrant in distinguishing partially for our selves , by making that in the utmost degree criminal in the woman , which in a man passeth under a much gentler censure . the root and the excuse of this injustice is the preservation of families from any mixture which may bring a blemish to them : and whilst the point of honour continues to be so plac'd , it seems unavoidable to give your sex , the greater share of the penalty . but if in this it lieth under any disadvantage , you are more than recompens'd , by having the honour of families in your keeping . the consideration so great a trust must give you , maketh full amends ; and this power the world hath lodged in you , can hardly fail to restrain the severity of an ill husband , and to improve the kindness and esteem of a good one . this being so , remember , that next to the danger of committing the fault your self , the greatest is that of seeing it in your husband . do not seem to look or hear that way : if he is a man of sense , he will reclaim himself ; the folly of it , is of it self sufficient to cure him : if he is not so , he will be provok'd , but not reform'd . to expostulate in these cases , looketh like declaring war , and preparing reprisals ; which to a thinking husband would be a dangerous reflexion . besides , it is so course a reason which will be assign'd for a lady 's too great warmth upon such an occasion , that modesty no less than prudence ought to restrain her ; since such an undecent complaint makes a wife much more ridiculous , than the injury that provoketh her to it . but it is yet worse , and more unskilful , to blaze it in the world , expecting it should rise up in arms to take her part : whereas she will find , it can have no other effect , than that she will be served up in all companies , as the reigning jest at that time ; and will continue to be the common entertainment , till she is rescu'd by some newer folly that cometh upon the stage , and driveth her away from it . the impertinence of such methods is so plain , that it doth not deserve the pains of being laid open . be assur'd , that in these cases your discretion and silence will be the most prevailing reproof . an affected ignorance , which is seldom a vertue , is a great one here : and when your husband seeth how unwilling you are to be uneasie , there is no stronger argument to perswade him not to be unjust to you . besides , it will naturally make him more yielding in other things : and whether it be to cover or redeem his offence , you may have the good effects of it whilest it lasteth , and all that while have the most reasonable ground that can be , of presuming , such a behaviour will at last entirely convert him . there is nothing so glorious to a wife , as a victory so gain'd : a man so reclaim'd , is for ever after subjected to her vertue ; and her bearing for a time , is more than rewarded by a triumph that will continue as long as her life . the next thing i will suppose , is , that your husband may love wine more than is convenient . it will be granted , that though there are vices of a deeper dye , there are none that have greater deformity than this , when it is not restrain'd : but with all this , the same custom which is the more to be lamented for its being so general , should make it less uneasie to every one in particular who is to suffer by the effects of it : so that in the first place , it will be no new thing if you should have a drunkard for your husband ; and there is by too frequent examples evidence enough , that such a thing may happen , and yet a wife may live too without being miserable . self-love dictateth aggravating words to every thing we feel ; ruine and misery are the terms we apply to whatever we do not like , forgetting the mixture allotted to us by the condition of human life , by which it is not intended we should be quite exempt from trouble . it is fair , if we can escape such a degree of it as would oppress us , and enjoy so much of the pleasant part as may lessen the ill taste of such things as are unwelcome to us . every thing hath two sides , and for our own ease we ought to direct our thoughts to that which may be least liable to exception . to fall upon the worst side of a drunkard , giveth so unpleasant a prospect , that it is not possible to dwell upon it . let us pass then to the more favourable part , as far as a wife is concern'd in it . i am tempted to say ( if the irregularity of the expression could in strictness be justified ) that a wife is to thank god her husband hath faults . mark the seeming paradox my dear , for your own instruction , it being intended no further . a husband without faults is a dangerous observer ; he hath an eye so piercing , and seeth every thing so plain , that it is expos'd to his full censure . and though i will not doubt but that your vertue will disappoint the sharpest enquiries ; yet few women can bear the having all they say or do represented in the clear glass of an understanding without faults . nothing softneth the arrogance of our nature , like a mixture of some frailties . it is by them we are best told , that we must not strike too hard upon others , because we our selves do so often deserve blows : they pull our rage by the sleeve , and whisper gentleness to us in our censures , even when they are rightly applied . the faults and passions of husbands bring them down to you , and make them content to live upon less unequal terms , than faultless men would be willing to stoop to ; so haughty is mankind till humbled by common weaknesses and defects , which in our corrupted state contribute more towards the reconciling us to one another , than all the precepts of the philosophers and divines . so that where the errors of our nature make amends for the disadvantages of yours it is more your part to make use of the benefit , than to quarrel at the fault . thus in case a drunken husband should fall to your share , if you will be wise and patient , his wine shall be of your side ; it will throw a veil over your mistakes , and will set cut and improve every thing you do , that he is pleased with . others will like him less , and by that means he may perhaps like you the more . when after having dined too well , he is received at home without a storm , or so much as a reproaching look , the wine will naturally work out all in kindness , which a wife must encourage , let it be wrapped up in never so much impertinence . on the other side it would boil up into rage , if the mistaken wife should treat him roughly , like a certain thing called a kind shrew , than which the world , with all its plenty , cannot shew a more senseless , ill-bred , forbidding creature . consider , that where the man will give such frequent intermissions of the use of his reason , the wife insensibly getteth a right of governing in the vacancy , and that raiseth her character and credit in the family , to a higher pitch than perhaps could be done under a sober husband , who never putteth himself into an incapacity of holding the reins . if these are not intire consolations , at least they are remedies to some degree . they cannot make drunkenness a vertue , nor a husband given to it a felicity ; but you will do your self no ill office in the endeavouring , by these means , to make the best of such a lot , in case it should happen to be yours , and by the help of a wise observation , to make that very supportable , which would otherwise be a load that would oppress you . the next case i will put is that your husband may be cholerick or ill-humour'd . to this it may be said , that passionate men generally make amends at the foot of the account . such a man , if he is angry one day without any sense , will the next day be as kind without any reason . so that by marking how the wheels of such a man's head are used to move , you may easily bring over all his passion to your party . instead of being struck down by his thunder , you shall direct it where and upon whom you shall think it best applied . thus are the strongest poisons turn'd to the best remedies ; but then there must be art in it , and a skilful hand , else the least bungling maketh in mortal . there is a great deal of nice care requisite to deal with a man of this complexion . choler proceedeth from pride , and maketh a man so partial to himself that he swelleth against contradiction ; and thinketh he is lessened if he is opposed . you must in this case take heed of increasing the storm by an unwary word , or kindling the fire whilst the wind is in a corner which may blow it in your face : you are dextrously to yield every thing till he beginneth to cool , and then by slow degrees you may rise and gain upon him : your gentleness well timed , will , like a charm , dispel his anger ill placed ; a kind smile will reclaim , when a shrill pettish answer would provoke him ; rather than fail upon such occasions , when other remedies are too weak , a little flattery may be admitted , which by being necessary , will cease to be criminal . if ill-humours and sullenness , and not open and sudden heat is his disease , there is a way of treating that too , so as to make it a grievance to be endured . in order to it , you are first to know , that naturally good sense hath a mixture of surly in it : and there being so much folly in the world , and for the most part so trumphant , it giveth frequent temptations to raise the spleen of men who think right . therefore that which may generally be call'd ill-humour , is not always a fault ; it becometh one when either it is wrong applied , or that it is continued too long , when it is not so : for this reason you must not too hastily fix an ill name upon that which may perhaps not deserve it ; and though the case should be , that your husband might too sowerly resent any thing he disliketh , it may so happen , that more blame shall belong to your mistake , than to his ill-humour . if a husband behaveth himself sometimes with an indifference that a wife may think offensive , she is in the wrong to put the worst sence upon it , if by any means it will admit a better . some wives will call it ill-humour if their husbands change their style from that which they used whilst they made their first addresses to them : others will allow no intermission or abatement in the expressions of kindness to them , not enough distinguishing times , and forgetting that it is impossible for men to keep themselves up all their lives to the height of some extravagant moments . a man may at some times be less careful in little things ; without any cold or disobliging reason for it ; as a wise may be too expecting in smaller matters , without drawing upon herself the inference of being unkind . and if your husband should be really sullen , and have such frequent fits , as might take away the excuse of it , it concerneth you to have an eye prepared to discern the first appearances of cloudy weather , and to watch when the fit goeth off , which seldom lasteth long if it is let alone . but whilst the mind is sore , every thing galleth it , and that maketh it necessary to let the black humour begin to spend it self , before you come in and venture to undertake it . if in the lottery of the world you should draw a covetous husband , i confess it will not make you proud of your good luck ; yet even such a one may be endured too , though there are few passions more untractable than that of avarice . you must first take care that your definition of avarice may not be a mistake . you are to examine every circumstance of your husband's fortune , and weigh the reason of every thing you expect from him before you have right to pronounce that sentence . the complaint is now so general against all husbands , that it giveth great suspicion of its being often ill-grounded ; it is impossible they should all deserve that censure , and therefore it is certain , that it is many times misapplied . he that spareth in every thing is an inexcusable niggard ; he that spareth in nothing is as inexcusable a madman . the mean is , to spare in what is least necessary , to lay out more liberally in what is most required in our several circumstances . yet this will not always satisfie . there are wives who are impatient of the rules of oeconomy , and are apt to call their husband's kindness in question , if any other measure is put to their expence than that of their own fancy . be sure to avoid this dangerous error , such a partiality to your self , which is so offensive to an understanding man , that he will very ill bear a wife's giving her self such an injurious preference to all the family , and whatever belongeth to it . but to admit the worst , and that your husband is really a close-handed wretch , you must in this , as in other cases , endeavour to make it less afflicting to you ; and first you must observe seasonable hours of speaking . when you offer any thing in opposition to this reigning humour , a third hand and a wise friend , may often prevail more than you will be allowed to do in your own cause . sometimes you are deuterously to go along with him in things , where you see that the niggardly part of his mind is most predominant , by which you will have the better opportunity of perswading him in things where he may be more indifferent . our passions are very unequal , and are apt to be raised or lessened , according as they work upon different objects ; they are not to be stopped or restrained in those things where our mind is more particularly engaged . in other matters they are more tractable , and will sometimes give reason a hearing , and admit a fair dispute . more than that , there are few men , even in this instance of avarice , so intirely abandoned to it , that at some hours , and upon some occasions , will not forget their natures , and for that time turn prodigal . the same man who will grudge himself what is necessary , let his pride be raised and he shall be profuse ; at another time his anger shall have the same effect ; a fit of vanity , ambition , and sometimes of kindness , shall open and inlarge his narrow mind ; a dose of wine will work upon this tough humor , and for the time dissolve it . your business must be , if this case happeneth , to watch these critical moments , and not let one of them slip without making your advantage of it : and a wife may be said to want skill , if by these means she is not able to secure her self in a good measure against the inconveniences this scurvy quality in a husband might bring upon her , except he should be such an incurable monster ; as i hope will never fall to your share . the last supposition i will make , is , that your husband should be weak and incompetent to make use of the privileges that belong to him . it will be yielded , that such a one leaveth room for a great many objections . but god , almighty seldom sendeth a grievance without a remedy , or at least such a mitigation as taketh away a great part of the sting , and the smart of it . to make such a misfortune● less heavy , you are first to bring to your observation , that a wife very often maketh better figure , for her husband 's making no great one : and there seemeth to be little reason , why the same lady that chuseth a waiting-woman with worse looks , may not be content with a husband with less wit ; the argument being equal from the advantage of the comparison . if you will be more ashamed in some cases , of such a husband , you will be less afraid than you would perhaps be of a wise one . his vnseasonable weakness may no doubt sometimes grieve you , but then set against this , that it giveth you the dominion , if you will make the right use of it . it is next to his being dead , in which case the wife hath right to administer ; therefore be sure , if you have such an idiot , that none , except your self , may have the benefit of the forfeiture ; such a fool is a dangerous beast , if others have the keeping of him ; and you must be very undexterous if when your husband shall resolve to be an ass , you do not take care he may be your ass . but you must go skilfully about it , and above all things , take heed of distinguishing in publick what kind of husband he is : your inward thoughts must not hinder the outward payment of the consideration that is due to him : your slighting him in company , besides that it would , to a discerning by stander , give too great encouragement for the making nearer applications to you , is in it self such an undecent way of assuming , that it may provoke the tame creature to break loose , and to shew his dominion for his credit , which he was content to forget for his ease . in short , the surest and the most approved method will be to do like a wise minister to an easie prince ; first give him the orders you afterwards receive from him . with all this , that which you are to pray for ; is a wise husband , one that by knowing how to be a master , for that very reason will not let you feel the weight of it ; one whose authority is so soften'd by his kindness , that it giveth you ease without abridging your liberty ; one that will return so much tenderness for your just esteem of him , that you will never want power , though you will seldom care to use it . such a husband is as much above all the other kinds of them , as a rational subjection to a prince , great in himself , is to be preferr'd before the disquiet and uneasiness of vnlimited liberty . before i leave this head , i must add a little concerning your behaviour to your husband's friends , which requireth the most refined part of your understanding to acquit your self well of it . you are to study how to live with them with more care than you are to apply to any other part of your life ; especially at first , that you may not stumble at the first setting out . the family into which you are grafted will generally be apt to expect , that like a stranger in a foreign country , you should conform to their methods , and not bring in a new model by your own authority . the friends in such a case are tempted to rise up in arms as against an unlawful invasion , so that you are with the utmost caution to avoid the least appearances of any thing of this kind . and that you may with less difficulty afterwards give your directions , be sure at first to receive them from your husband's friends . gain them to you by early applying to them , and they will be so satisfied , that as nothing is more thankful than pride , when it is complied with , they will strive which of them shall most recommend you ; and when they have helped you to take root in your husband 's good opinion , you will have less dependence upon theirs , though you must not neglect any reasonable means of preserving it . you are to consider , that a man govern'd by his friends , is very easily inflamed by them ; and that one who is not so , will yet for his own sake expect to have them consider'd . it is easily improved to a point of honour in a husband , not to have his relations neglected ; and nothing is more dangerous , than to raise an objection , which is grounded upon pride : it is the most stubborn and lasting passion we are subject to , and where it is the first cause of the war , it is very hard to make a secure peace . your caution in this is of the last importance to you . and that you may the better succeed in it , carry a strict eye upon the impertinence of your servants ; take heed that their ill-humour may not engage you to take exceptions , or their too much assuming in small matters , raise consequences which may bring you under great disadvantage . remember that in the case of a royal bride , those about her are generally so far suspected to bring in a foreign interest , that in most countries they are insensibly reduced to a very small number , and those of so low a figure , that it doth not admit the being jealous of them . in little and in the proportion , this may be the case of every new married woman , and therefore it may be more adviseable for you , to gain the servants you find in a family than to tie your self too fast to those you carry into it . you are not to overlook these small reflections , because they may appear low and inconsiderable ; for it may be said , that as the greatest streams are made up of the small drops at the head of the springs from whence they are derived , so the greater circumstances of your life , will be in some degree directed by these seeming trifles , which having the advantage of being the first acts of it , have a greater effect than singly in their own nature they could pretend to . i will conclude this article with my advice , that you would , as much as nature will give you leave , endeavour to forget the great indulgence you have found at home . after such a gentle discipline as you have been under , every thing you dislike will seem the harsher to you . the tenderness we have had for you , my dear , is of another nature , peculiar to kind parents , and differing from that which you will meet with first in any family into which you shall be transplanted ; and yet they may be very kind too , and afford no justifiable reason to you to complain . you must not be frighted with the first appearances of a differing scene ; for when you are used to it , you may like the house you go to , better than that you left ; and your husband's kindness will have so much advantage of ours , that we shall yield up all competition , and as well as we love you , be very well contented to surrender to such a rival . hovse , family , and children . you must lay before you , my dear , there are degrees of care to recommend your self to the world in the several parts of your life . in many things , though the doing them well may raise your credit and esteem , yet the omission of them would draw no immediate reproach upon you : in others , where your duty is more particularly applyed , the neglect of them is amongst those faults which are not forgiven , and will bring you under a censure , which will be much a heavier thing than the trouble you would avoid . of this kind is the government of your house , family , and children , which since it is the province allotted to your sex , and that the discharging it well , will for that reason be expected from you , if you either desert it out of laziness , or manage it ill for want of skill , instead of a help you will be an incumbrance to the family where you are placed . i must tell you , that no respect is lasting , but that which is produced by our being in some degree useful to those that pay it . where that faileth , the homage and the reverence go along with it , and fly to others where something may be expected in exchange for them . and upon this principle the respects even of the children and the servants will not stay with one that doth not think them worth their care , and the old house-keeper shall make a better figure in the family , than the lady with all her fine cloaths , if she wilfully relinquishes her title to the government . therefore , take heed of carrying your good breeding to such a height , as to be good for nothing , and to be proud of it . some think it hath a great air to be above troubling their thoughts with such ordinary things as their house and family ; others dare not admit cares for fear they should hasten wrinkles ? mistaken pride maketh some think they must keep themselves up , and not descend to these duties , which do not seem enough refined for great ladies to be imploy'd in ; forgetting all this while , that it is more than the greatest princes can do , at once to preserve respect , and to neglect their business . no age ever erected altars to insignificant gods ; they had all some quality applied to them to draw worship from mankind ; this maketh it the more unreasonable for a lady to expect to be consider'd , and at the same time resolve not to deserve it . good looks alone will not do ; they are not such a lasting tenure , as to be relied upon ; and if they should stay longer than they usually do , it will by no means be safe to depend upon them : for when time hath abated the violence of the first liking , and that the napp is a little worn off , though still a good degree of kindness may remain , men recover their sight which before might be dazell'd , and allow themselves to object as well as to admire . in such a case , when a husband seeth an empty airy thing sail up and down the house to no kind of purpose , and look as if she came thither only to make a visit . when he findeth that after her emptiness hath been extreme busie about some very senseless thing , she eats her breakfast half an hour before dinner , to be at greater liberty to afflict the company with her discourse ; then calleth for her coach , that she may trouble her acquaintance , who are already cloy'd with her : and having some proper dialogues ready to display her foolish eloquence at the top of the stairs , she setteth out like a ship out of the harbour , laden with trifles and cometh back with them : at her return she repeateth to her faithful waiting-woman , the triumphs of that day's impertinence ; then wrap'd up in flattery and clean linen , goeth to bed so satisfied , that it throweth her into pleasant dreams of her own felicity . such a one is seldom serious but with her taylor ; her children and family may now and then have a random thought , but she never taketh aim but at something very impertinent . i say , when a husband , whose province is without doors , and to whom the oeconomy of the house would be in some degree indecent , findeth no order nor quiet in his family , meeteth with complaints of all kinds-springing from this root ; the mistaken lady , who thinketh to make amends for all this , by having a well-chosen petty coat , will at last be convinced of her error , and with grief be forced to undergo the penalties that belong to those who are willfully insignificant . when this scurvy hour cometh upon her , she first groweth angry ; then when the time of it is past , would perhaps grow wiser , not remembring that we can no more have wisdom than grace , whenever we think fit to call for it . there are times and periods fix'd for both ; and when they are too long neglected , the punishment is , that they are irrecoverable , and nothing remaineth but an useless grief for the folly of having thrown them out of our power . you are to think what a mean figure a woman maketh , when she is so degraded by her own fault ; whereas there is nothing in those duties which are expected from you , that can be a lessening to you except your want of conduct makes it so . you may love your children without living in the nursery , and you may have a competent and discreet care of them , without letting it break out upon the company , or exposing your self by turning your discourse that way , which is a kind of laying children to the parish , and it can hardly be done any where , that those who hear it will be so forgiving , as not to think they are overcharged with them . a woman's tenderness to her children is one of the least deceitful evidences of the vertue ; but yet the way of expressing it , must be subject to the rules of good breeding : and though a woman of quality ought not to be less kind to them , than mothers of the meanest rank are to theirs , yet she may distinguish her self in the manner , and avoid the course methods , which in women of a lower size might be more excusable . you must begin early to make them love you , that they may obey you . this mixture is no where more necessary than in children and i must tell you , that you are not to expect returns of kindness from yours , if ever you have any , without grains of allowance ; and yet it is not so much a defect in their good nature , as a shortness of thought in them . their first insufficiency maketh them lean so entirely upon their parents for what is necessary , that the habit of it maketh them continue the same expectations for what is unreasonable ; and as often as they are denied , so often they think they are injured : and whilst their desires are strong , and their reasons yet in the cradle , their anger looketh no farther than the thing they long for and cannot have ; and to be displeased for their own good , is a maxim they are very slow to understand : so that you may conclude , the first thoughts of your children will have no small mixture of mutiny ; which being so natural , you must not be angry , except you would increase it . you must deny them as feldom as you can , and when there is no avoiding it , you must do it gently ; you must flatter away their ill humour , and take the next opportunity of pleasing them in some other thing , before they either ask or look for it : this will strengthen your authority , by making it soft to them ; and confirm their obedience , by making it their interest you are to have as strict a guard upon your self amongst your children , as if you were amongst your enemies . they are apt to make wrong inferences , to take encouragement from half words , and misapply what you may say or do , so as either to lessen their duty , or to extend their liberty farther than is convenient . let them be more in awe of your kindness than of your power . and above all , take heed of supporting a favourite child in its impertinence , which will give right to the rest of claiming the same privilege . if you have a divided number , leave the boys to the father 's more peculiar care , that you may with the greater justice pretend to a more immediate jurisdiction over those of your own sex. you are to live so with them , that they may never chuse to avoid you , except when they have offended ; and then let them tremble , that they may distinguish : but their penance must not continue so long as to grow too sowre upon their stomachs , that it may not harden in stead of correcting them : the kind and severe part must have their several turns seasonably applied ; but your indulgence is to have the broader mixture , that love , rather than fear , may be the root of their obedience . your servants are in the next place to be considered ; and you must remember not to fall into the mistake of thinking , that because they receive wages , and are so much inferiour to you , therefore they are below your care to know how to manage them . it would be as good reason for a master workman to despise the wheels of his engines , because they are made of wood. these are the wheels of your family ; and let your directions be never so faultless , yet if these engines stop or move wrong , the whole order of your house is either at a stand , or discomposed . besides , the inequality which is between you , must not make you forget , that nature maketh no such distinction , but that servants may be looked upon as humble friends , and that returns of kindness and good vsage are as much due to such of them as deserve it , as their service is due to us when we require it . a foolish haughtiness in the style of speaking , or in the manner of commanding them , is in it self very undecent ; besides that it begetteth an aversion in them , of which the least ill effect to be expected , is , that they will be slow and careless in all that is injoyned them : and you will find it true by your experience , that you will be so much the more obeyed as you are less imperious . be not too hasty in giving your orders , nor too angry when they are not altogether observed ; much less are you to be loud , and too much disturbed : an evenness in distinguishing when they do well or ill , is that which will make your family move by a rule , and without noise , and will the better set out your skill in conducting it with ease and silence , that it may be like a well disciplin'd army ; which knoweth how to anticipate the orders that are fit to be given them . you are never to neglect the duty of the present hour , to do another thing , which though it may be better in it self , is not to be unseasonably preferred . allot well chosen hours for the inspection of your family , which may be so distinguished from the rest of your time , that the necessary cares may come in their proper place , without any influence upon your good humour , or interruption to other things . by these methods you will put your self in possession of being valued by your servants , and then their obedience will naturally follow . i must not forget one of the greatest articles belonging to a family , which is the expence . it must not be such , as by failing either in the time or measure of it , may rather draw censure than gain applause . if it was well examined , there is more money given to be laughed at , than for any one thing in the world , though the purchasers do not think so . a well-stated rule is like the line , when that is once pass'd we are under another pole ; so the first straying from a rule , is a step towards making that which was before a vertue , to change its nature , and to grow either into a vice , or at least an impernence . the art of laying out money wisely , is not attained to without a great deal of thought ; and it is yet more difficult in the case of a wife , who is accountable to her husband for her mistakes in it . it is not only his money , his credit too is at stake , if what lyeth under the wife's care is managed , either with undecent thrift , or too loose profusion . you are therefore to keep the mean between these two extremes , and it being hardly possible to hold the balance exactly even , let it rather incline towards the liberal side as more suitable to your quality , and less subject to reproach . of the two a little money mispent is sooner recovered , than the credit which is lost by having it unhandsomely saved ; and a wise husband will less forgive a shameful piece of parcimony , than a little extravagance , if it be not too often repeated . his mind in this must be your chief direction ; and his temper , when once known , will in great measure justifie your part in the management , if he is pleased with it . in your clothes avoid too much gaudy ; do not value your self upon an imbroidered gown ; and remember , that a reasonable word , or an obliging look , will gain you more respect ; than all your fine trappings . this is not said to restrain you from a decent compliance with the world , provided you take the wiser , and not the foolisher part of your sex for your pattern . some distinctions are to be allowed , whilst they are well suited to your quality and fortune , and in the distribution of the expence , it seemeth to me that a full attendance , and well chosen ornaments for your house , will make you a better figure , than too much glittering in what you wear , which may with more ease be imitated by those that are below you . yet this must not tempt you to starve every thing but your own appartment ; or in order to more abundance there , give just cause to the least servant you have , to complain of the want of what is necessary . above all , fix it in your thoughts , as an unchangeable maxim , that nothing is truly fine but what is fit , and that just so much as is proper for your circumstances of their several kinds , is much finer than all you can add to it . when you once break through these bounds , you launch into a wide sea of extravagance . every thing will become necessary , because you have a mind to it ; and you have a mind to it , not because it is fit for you , but because some body else hath it . this lady's logick setteth reason upon its head , by carrying the rule from things to persons , and appealing from what is right to every fool that is in the wrong . the word necessary is miserably applyed , it disordereth families , and overturneth governments by being so abused . remember that children and fools want every thing because they want wit to distinguish : and therefore there is no stronger evidence of a crazy vnderstanding , than the making too large a catalogue of things necessary , when in truth there are so very few things that have a right to be placed in it . try every thing first in your judgment , before you allow it a place in your desire ; else your husband may think it as necessary for him to deny , as it is for you to have whatever is unreasonable ; and if you shall too often give him that advantage , the habit of refusing may perhaps reach to things that are not unfit for you . there are unthinking ladies , who do not enough consider , how little their own figure agreeth with the fine things they are so proud of . others when they have them will hardly allow them to be visible ; they cannot be seen without light , and that is many times so sawcy and so prying , that like a too forward gallant it is to be forbid the chamber . some , when you are ushered into their dark ruelle , it is with such solemnity , that a man would swear there was something in it , till the vnskilful lady breaketh silence , and beginneth a chat , which discovereth it is a puppet-play with magnificent scenes . many esteem things rather as they are hard to be gotten , than that they are worth getting : this looketh as if they had an interest to pursue that maxim , because a great part of their own value dependeth upon it . truth in these cases would be often unmannerly , and might derogate from the prerogative , great ladies would assume to themselves , of being distinct creatures from those of their sex , which are inferiour , and of less difficult access . in other things too , your condition must give the rule to you , and therefore it is not a wife's part to aim at more than a bounded liberality ; the farther extent of that quality ( otherwise to be commended ) belongeth to the husband , who hath better means for it . generosity wrong placed becometh a vice. it is no more a vertue when it groweth into an inconvenience , vertues must be inlarged or restrained according to differing circumstances . a princely mind will undo a private family : therefore things must be suited , or else they will not deserve to be commended , let them in themselves be never so valuable : and the expectations of the world are best answered when we acquit our selves in that manner which seemeth to be prescribed to our several conditions , without usurping upon those duties , which do not so particularly belong to us . i will close the consideration of this article of expence , with this short word . do not fetter your self with such a restraint in it as may make you remarkable ; but remember that vertue is the greatest ornament , and good sence the best equipage . behaviovr and conversation . it is time now to lead you out of your house into the world. a dangerous step ; where your vertue alone will not secure you except it is attended with a great deal of prudence . you must have both for your guard , and not stir without them . the enemy is abroad , and you are sure to be taken , if you are found stragling . your behaviour is therefore to incline strongly towards the reserved part ; your character is to be immoveably fixed upon that bottom , not excluding a mixture of greater freedom , as far as it may be innocent and well-timed . the extravagancies of the age have made caution more necessary ; and by the same reason that the too great licence of ill men hath by consequence in many things restrained the lawful liberty of those who did not abuse it , the unjustifiable freedoms of some of your sex have involved the rest in the penalty of being reduced . and though this cannot so alter the nature of things , as to make that criminal , which in it self is indifferent ; yet if it maketh it dangerous , that alone is sufficient to justifie the restraint . a close behaviour is t●●●●ttest to receive vertue for its constant guest , because there , and there only , it can be secure . proper reserves are the out-works , and must never be deserted by those who intend to keep the place ; they keep off the possibilities not only of being taken , but of being attempted ; and if a woman seeth danger tho at never so remote a distance , she is for that time to shorten her line of liberty . she who will allow her self to go to the utmost extent of every thing that is lawful , is so very near going farther , that those who lie at watch , will begin to count upon her . mankind , from the double temptation of vanity and desire , is apt to turn every thing a woman doth to the hopesul side ; and there are sew who dare make an impudent application , till they discern something which they are willing to take for an encouragement . it is safer therefore to prevent such forwardness , than to go about to cure it . it gathereth strength by the first allowances , and claimeth a right from having been at any time suffered with impunity . therefore nothing is with more care to be avoided , than such a kind of civility as may be mistaken for invitation ; and it will not be enough for you to keep your self free from any criminal engagements ; for if you do that which either raiseth hopes or createth discourse , there is a spot thrown upon your good name ; and those kind of stains are the harder to be taken out , being dropped upon you by the man's vanity , as well as by the woman's malice . most men are in one sence platonick lovers , though they are not willing to own that character . they are so far philosophers , as to allow , that the greatest part of pleasure lieth in the mind ; and in pursuance of that maxim , there are few who do not place the felicity more in the opinion of the world , of their being prosperous lovers , than in the blessing it self , how much soever they appear to value it . this being so , you must be very cautious not to gratifie these cameleons at the price of bringing a cloud upon your reputation , which may be deeply wounded , tho your conscience is unconcerned . your own sex too will not fail to help the least appearance that giveth a handle to be ill-turned . the best of them will not be displeased to improve their own value , by laying others under a disadvantage , when there is a fair occasion given for it . it distinguisheth them still the more : their own credit is more exalted , and , like a picture set off with shades , shineth more when a lady , either less innocent , or less discreet is set near , to make them appear so much the brighter . if these lend their breath to blast such as are so unwary as to give them this advantage , you may be sure there will be a stronger gale from those , who , besides malice or emulation , have an interest too , to strike hard upon a vertuous woman . it seemeth to them , that their load of infamy is lessened , by throwing part of it upon others : so that they will not only improve when it lieth in their way , but take pains to find out the least mistake an innocent woman committeth , in revenge of the injury she doth in leading a life which is a reproach to them . with these you must be extreme wary , and neither provoke them to be angry , nor invite them to be intimate . to the men you are to have a behaviour which may secure you , without offending them . no ill-bred affected shyness , nor a roughness , unsuitable to your sex , and unnecessary to your vertue ; but a way of living that may prevent all course railleries or unmannerly freedoms ; looks that forbid without rudeness , and oblige without invitation , or leaving room for the sawcy inferences men's vanity suggesteth to them upon the least encouragements . this is so very nice , that it must engage you to have a perpetual watch upon your eyes , and to remember , that one careless glance giveth more advantage than a hundred words not enough considered ; the language of the eyes being very much the most significant , and the most observed . your civility , which is always to be preserved , must not be carried to a compliance , which may betray you into irrecoverable mistakes . this french ambiguous word complaisance hath led your sex into more blame , than all other things put together . it carrieth them by degrees into a certain thing called a good kind of woman , an easie idle creature , that doth neither good nor ill but by chance , hath no choice , but leaveth that to the company she keepeth . time , which by degrees addeth to the signification of words , hath made her , according to the modern stile , little better than one who thinketh it a rudeness to deny when civilly required , either her service in person , or her friendly assistance , to those who would have a meeting , or want a confident . she is a certain thing always at hand , an easie companion , who hath ever great compassion for distressed lovers : she censureth nothing but rigor , and is never without a plaister for a wounded reputation , in which chiefly lieth her skill in chirurgery ; she seldom hath the propriety of any particular gallant , but liveth upon brokage , and waiteth for the scraps her friends are content to leave her . there is another character not quite so criminal , yet not less ridiculous ; which is that of a good-humour'd woman , one who thinketh she must always be in a laugh , or a broad smile , because good-humour is an obliging quality ; thinketh it less ill manners to talk impertinently , than to be silent in company . when such a prating engine rideth admiral , and carrieth the lantern , in a circle of fools , a cheerful coxcomb coming in for a recruit , the chattering of monkeys is a better noise than such a concert of senceless merriment . if she is applauded in it , she is so encouraged , that , like a ballad singer , who if commended , breaketh his lungs , she letteth her self loose , and overfloweth upon the company . she conceiveth that mirth is to have no intermission , and therefore she will carry it about with her , though it be to a funeral ; and if a man should put a familiar question , she doth not know very well how to be angry , for then she would be no more that pretty thing called a good humour'd woman . this necessity of appearing at all times to be so infinitely pleased is a grievous mistake ; since in a handsom woman that invitation is unnecessary ; and in one who is not so , ridiculous . it is not intended by this , that you should forswear laughing ; but remember , that fools being always painted in that posture , it may fright those who are wise from doing it too frequently , and going too near a copy which is so little inviting , and much more from doing it loud , which is an unnatural sound and looketh so much like another sex , that few things are more offensive . that boisterous kind of jollity is as contrary to wit and good manners , as it is to modesty and vertue . besides , it is a course kind of quality , that throweth a woman into a lower form , and degradeth her from the rank of those who are more refined . some ladies speak loud and make a noise to be the more minded , which looketh as if they beat their drums for volunteers , and if by misfortune none come in to them , they may , not without reason , be a good deal out of countenance . there is one shing , yet more to be avoided , which is the example of those who intend nothing farther than the vanity of conquest , and think themselves secure of not having their honour tainted by it . some are apt to believe their vertue is too obscure , and not enough known , except it is exposed to a broader light , and set out to its best advantage , by some publick trials . these are dangerous experiments , and generally fail , being built upon so weak a foundation , as that of a too great confidence in our selves . it is as safe to play with fire , as to dally with gallantry . love is a passion that hath friends in the garrison , and for that reason must by a woman be kept at such a distance , that she may not be within the danger of doing the most usual thing in the world , which is conspiring against her self : else the humble gallant , who is only admitted as a trophy , very often becometh the conquerour ; he putteth on the style of victory , and from an admirer groweth into a master , for so he may be called from the moment he is in possession . the first resolutions of stopping at good opinion and esteem , grow weaker by degrees against the charms of courtship skilfully applied . a lady is apt to think a man speaketh so much reason whilst he is commending her , that she hath much ado to believe him in the wrong when he is making love to her : and when besides the natural inducements your sex hath to be merciful , she is bribed by well chosen flattery , the poor creature is in danger of being caught like a bird listening to the whistle of one that hath a snare for it . conquest is so tempting a thing , that it often maketh women mistake men's submissions ; which with all their fair appearance , have generally less respect than art in them . you are to remember , that men who say extreme fine things , many times say them most for their own sakes ; and that the vain gallant is often as well pleased with his own compliments , as he could be with the kindest answer . where there is not that ostentation you are to suspect there is design . and as strong perfumes are seldom used but where they are necessary to smother an unwelcome scent ; so excessive good words leave room to believe they are strewed to cover something , which is to gain admittance under a disguise . you must therefore be upon your guard , and consider , that of the two , respect is more dangerous than anger . it puts even the best understandings out of their place for the time , till their second thoughts restore them ; it stealeth upon us insensibly , throweth down our defences , and maketh it too late to resist , after we have given it that advantage . whereas railing goeth away in sound ; it hath so much noise in it , that by giving warning it bespeaketh caution . respect is a slow and a sure poison , and like poison swelleth us within our selves . where it prevaileth too much , it groweth to be a kind of apoplexie in the mind , turneth it quite round , and after it hath once seized the understanding , becometh mortal to it . for these reasons , the safest way is to treat it like a sly enemy , and to be perpetually upon the watch against it . i will add one advice to conclude this head , which is that you will let every seven years make some alteration in you towards the graver side , and not be like the girls of fifty , who resolve to be always young , whatever time with his iron teeth hath determined to the contrary . unnatural things carry a deformity in them never to be disguised ; the liveliness of youth in a riper age , looketh like a new patch upon an old gown ; so that a gay matron , a cheerful old fool may be reasonably put into the list of the tamer kind of monsters . there is a certain creature call'd a grave hobby-horse , a kind of a she numps , that pretendeth to be pulled to a play , and must needs go to bartholomew fair , to look after the young folks , whom she only seemeth to make her care , in reality she taketh them for her excuse . such an old butterfly is of all creatures , the most ridiculous , and the soonest found out . it is good to be early in your caution , to avoid any thing that cometh within distance of such despicable patterns , and not like some ladies , who defer their conversion , till they have been so long in possession of being laughed at , that the world doth not know how to change their style , even when they are reclaimed from that which gave the first occasion for it . the advantages of being reserved are too many to be set down , i will only say , that it is a guard to a good woman , and a disguise to an ill one . it is of so much use to both , that those ought to use it as an artifice , who refuse to practise it as a vertue . friendships . i must in a particular manner recommend to you a strict care in the choice of your friendships . perhaps the best are not without their objections , but however , be sure that yours may not stray from the rules which the wiser part of the world hath set to them . the leagues offensive and defensive , seldom hold in politicks , and much less in friendships . the violent intimacies , when once broken , of which they scarce ever fail , make such a noise ; the bag of secrets untied , they fly about like birds let loose from a cage , and become the entertainment of the town . besides , these great dearnesses by degrees grow injurious to the rest of your acquaintance , and throw them off from you . there is such an offensive distinction when the dear friend cometh into the room , that it is flinging stones at the company , who are not apt to forgive it . do not lay out your friendship too lavishly at first , since it will , like other things , be so much the sooner spent ; neither let it be of too sudden a growth ; for as the plants which shoot up too fast are not of that continuance , as those which take more time for it ; so too swift a progress in pouring out your kindness , is a certain sign that by the course of nature it will not be long-lived . you will be responsible to the world , if you pitch upon such friends as at the time are under the weight of any criminal objection . in that case you will bring your self under the disadvantages of their character , and must bear your part of it . chusing implieth approving ; and if you fix upon a lady for your friend against whom the world shall have given judgment , 't is not so well natur'd as to believe you are altogether averse to her way of living , since it doth not discourage you from admitting her into your kindness . and resemblance of inclinations being thought none of the least inducements to friendship , you will be looked upon at least as a well-wisher if not a partner with her in her faults . if you can forgive them in another , it may be presumed you will not be less gentle to your self ; and therefore you must not take it ill , if you are reckoned a croupiere , and condemned to pay an equal share with such a friend of the reputation she hath lost . if it happeneth that your friend should fall from the state of innocence after your kindness was engaged to her , you may be slow in your belief in the beginning of the discovery : but as soon as you are convinced by a rational evidence , you must , without breaking too roughly , make a far and a quick retreat from such a mistaken acquaintance : else by moving too slowly from one that is so tainted , the contagion may reach you so far as to give you part of the scandal , though not of the guilt . this matter is so nice , that as you must not be too hasty to joyn in the censure upon your friend when she is accused , so you are not on the other side to defend her with too much warmth ; for if she should happen to deserve the report of common fame , besides the vexation that belongeth to such a mistake , you will draw an ill appearance upon your self , and it will be thought you pleaded for her not without some consideration of your self . the anger which must be put on to vindicate the reputation of an injured friend , may incline the company to suspect you would not be so zealous , if there was not a possibility that the case might be your own . for this reason you are not to carry your dearness so far , as absolutely to lose your sight where your friend is concerned . because malice is too quick sighted , it doth not follow , that friendship must be blind : there is to be a mean between these two extremes , else your excess of good nature may betray you into a very ridiculous figure , and by degrees who may be preferr'd to such offices as you will not be proud of . your ignorance may lessen the guilt , but will improve the jest upon you , who shall be kindly sollicitous to procure a meeting , and innocently contribute to the ills you would avoid : whilest the contriving lovers , when they are alone , shall make you the subject of their mirth , and perhaps ( with respect to the goddess of love be it spoken ) it is not the worst part of their entertainment , at least it is the most lasting , to laugh at the believing friend , who was so easily deluded . let the good sence of your friends be a chief ingredient in your choice of them ; else ret your reputation be never so clear , it may be clouded by their impertinence . it is like our houses being in the power of a drunken or a careless neighbour ; only so much worse , as that there will be no insurance here to make you amends , as there is in the case of fire . to conclude this paragraph ; if formality is to be allowed in any instance , it is to be put on to resist the invasion of such forward women as shall press themselves into your friendship , where if admitted , they will either be a snare or an incumbrance . censvre . i will come next to the consideration , how you are to manage your censure ; in which both care and skill will be a good deal required . to distinguish is not only natural but necessary ; and the effect of it is , that we cannot avoid giving judgment in our minds , either to absolve or to condemn as the case requireth . the difficult is , to know when and where it is fit to proclaim the sentence . an aversion to what is criminal , a contempt of what is ridiculous , are the inseparable companions of understanding and vertue ; but the letting them go farther than our own thoughts , hath so much danger in it , that though it is neither possible nor fit to suppress them intirely , yet it is necessary they should be kept under very great restraints . an unlimited liberty of this kind is little less than sending a herald and proclaiming war to the world , which is an angry beast when so provoked . the contest will be unequal , though you are never so much in the right ; and if you begin against such an adversary , it will tear you in pieces , with this justification , that it is done in its own defence . you must therefore take heed of laughing , except in company that is very sure . it is throwing snow-balls against bullets ; and it is the disadvantage of a woman , that the malice of the world will help the brutality of those who will throw a slovenly vntruth upon her . you are for this reason to suppress your impatience for fools ; who besides that they are too strong a party to be unnecessarily provoked , are of all others , the most dangerous in this case . a blockhead in his rage will return a dull jest that will lie heavy , though there is not a grain of wit in it . others will do it with more art , and you must not think your self secure because your reputation may perhaps be out of the reach of ill will ; for if it findeth that part guarded , it will seek one which is more exposed . it flieth , like a corrupt humour in the body , to the weakest part. if you have a tender side , the world will be sure to find it , and to put the worst colour upon all you say or do , give an aggravation to every thing that may lessen you , and a spiteful turn to every thing that might recommend you . anger laieth open those defects which friendship would not see , and civility might be willing to forget . malice needeth no such invitation to encourage it , neither are any pains more superfluous than those we take to be ill spoken of . if envy , which never dyeth , and seldom sleepeth , is content sometimes to be in a slumber , it is very unskilful to make a noise to awake it . besides , your wit will be misapplied if it is wholly directed to discern the faults of others , when it is so necessary to be often used to mend and prevent your own . the sending our thoughts too much abroad , hath the same effect , as when a family never stayeth at home ; neglect and disorder naturally followeth ; as it must do within our selves , if we do not frequently turn our eyes inwards , to see what is amiss with us , where it is a , sign we have an unwelcome prospect , when we do not care to look upon it , but rather seek our consolations in the faults of those we converse with . avoid being the first in fixing a hard censure , let it be confirmed by the general voice , before you give into it ; neither are you then to give sentence like a magistrate , or as if you had a special authority to bestow a good or ill name at your discretion . do not dwell too long upon a weak side , touch and go away ; take pleasure to stay longer where you can commend , like bees that fix only upon those herbs out of which they may extract the juice of which their honey is composed . a vertue stuck with bristles is too rough for this age ; it must be adorned with some flowers , or else it will be unwillingly entertained ; so that even where it may be fit to strike , do it like a lady , gently ; and assure your self , that where you care to do it , you will wound others more , and hurt your self less , by soft strokes , than by being harsh or violent . the triumph of wit is to make your good nature subdue your censure ; to be quick in seeing faults , and slow in exposing them . you are to consider , that the invisible thing called a good name , is made up of the breath of numbers that speak well of you ; so that if by a disobliing word you silence the meanest , the gale will be less strong which is to bear up your esteem . and though nothing is so vain as the eager pursuit of empty applause , yet to be well thought of , and to be kindly used by the world , is like a glory about a womans head ; 't is a perfume she carrieth about with her , and leaveth where-ever she goeth ; 't is a charm against ill-will . malice may empty her quiver , but cannot wound ; the dirt will not stick , the jests will not take ; without the consent of the world a scandal doth not go deep ; it is only a slight stroak upon the injured party and returneth with the greater force upon those that gave it . vanity and affectation . i must with more than ordinary earnestness give you caution against vanity , it being the fault to which your sex seemeth to be the most inclined ; and since affectation for the most part attendeth it , i do not know how to divide them . i will not call them twins , because more properly vanity is the mother , and affectation is the darling daughter ; vanity is the sin , and affectation is the punishment ; the first may be called the root of self-love , the other the fruit. vanity is never at its full growth till it spreadeth into affectation , and then it is compleat . not to dwell any longer upon the definition of them , i will pass to the means and motives to avoid them . in order to it , you are to consider , that the world challengeth the right of distributing esteem and applause ; so that where any assume by their single authority to be their own carvers , it groweth angry , and never faileth to seek revenge . and if we may measure a fault by the greatness of the penalty , there are few of a higher size than vanity , as there is scarce a punishment which can be heavier than that of being laughed at . vanity maketh a woman tainted with it , so top full of her self , that she spilleth it upon the company . and because her own thoughts are intirely imployed in self-contemplation ; she endeavoureth , by a cruel mistake , to confine her acquaintance to the same narrow circle of that which only concerneth her ladiship , forgetting that she is not of half that importance to the world , that she is to her self , so mistaken she is in her value , by being her own appraiser . she will fetch such a compass in discourse to bring in her beloved self , and rather than fail , her fine petty-coat , that there can hardly be a better scene than such a tryal of ridiculous ingenuity . it is a pleasure to see her angle for commendations , and rise so dissatisfied with the ill-bread company , if they will not bite . to observe her throwing her eyes about to fetch in prisoners , and go about cruizing like a privateer , and so out of countenance , if she return without booty , is no ill piece of comedy . she is so eager to draw respect , that she always misseth it , yet thinketh it so much her due , that when she faileth she groweth waspish , not considering , that it is impossible to commit a rape upon the will ; that it must be fairly gained , and will not be taken by storm ; and that in this case , the tax ever riseth highest by a benevolence . if the world instead of admiring her imaginary excellencies , taketh the liberty to laugh at them , she appealeth from it to her self , for whom she giveth sentence , and proclaimeth it in all companies . on the other side , if incouraged by a civil word , she is so obliging , that she will give thanks for being laughed at in good language . she taketh a compliment for a demonstration , and setteth it up as an evidence , even against her looking-glass . but the good lady being all this while in a most profound ignorance of her self , forgetteth that men would not let her talk upon them , and throw so many senseless words at their head , if they did not intend to put her person to fine and ransom , for her impertinence . good words of any other lady , are so many stones thrown at her , she can by no means bear them , they make her so uneasie , that she cannot keep her seat , but up she riseth and goeth home half burst with anger and strait-lacing . if by great chance she saith any thing that hath sence in it , she expecteth such an excessive rate of commendations , that to her thinking the company ever riseth in her debt . she looketh upon rules as things made for the common people , and not for persons of her rank ; and this opinion sometimes tempteth her to extend her prerogative to the dispencing with the commandments . if by great fortune she happeneth , in spite of her vanity , to be honest , she is so troublesome with it , that as far as in her lieth , she maketh a scurvy thing of it . her bragging of her vertue , looketh as if it cost her so much pains to get the better of her self , that the inferences are very ridiculous . her good humour is generally applied to the laughing at good sense . it would do one good to see how heartily she despiseth any thing that is fit for her to do . the greatest part of her fancy is laid out in chusing her gown , as her discretion is chiefly imploy'd in not paying for it . she is faithful to the fashion , to which not only her opinion , but her senses are wholly resigned : so obsequious she is to it , that she would be ready to be reconciled even to vertue with all its faults ; if she had her dancing master's word that it was practsi'd at court. to a woman so compos'd , when affectation cometh in to improve her character , it is then raised to the highest perfection . she first setteth up for a fine thing , and for that reason will distinguish her self , right or wrong , in every thing she doth . she would have it thought that she is made of so much the finer clay , and so much more sifted than ordinary , that she hath no common earth about her . to this end she must neither move nor speak like other women , because it would be vulgar ; and therefore must have a language of her own , since ordinary english is too course for her . the looking-glass in the morning dictateth to her all the motions of the day , which by how much the more studied , are so much the more mistaken . she cometh into a room as if her limbs were set on with ill made screws , which maketh the company fear the pretty thing should leave some of its artificial person upon the floor . she doth not like her self as god almighty made her , but will have some of her own workmanship ; which is so far from making her a better thing than a woman , that it turneth her into a worse creature than a monkey . she falleth out with nature , against which she maketh war without admitting a truce , those moments excepted in which her gallant may reconcile her to it . when she hath a mind to be soft and languishing , there is somthing so unnatural in that affected easiness , that her frowns could not be by many degrees so forbidden . when she would appear unreasonably humble , one may see she is so excessively proud , that there is no enduring it . there is such an impertinent smile , such a satisfied simper , when she faintly disowneth some fulsom commendation a man hapneth to bestow upon her against his conscience , that her thanks for it are more visible under such a thin disguise , than they could be if she should print them . if a handsomer woman taketh any liberty of dressing out of the ordinary rules the mistaken lady followeth , without distinguishing the unequal pattern , and maketh her self uglier by an example misplaced ; either forgetting the privilege of good looks in another , or presuming , without sufficient reason upon her own . her discourse is a senseless chime of empty words , a heap of compliments so equally applied to differing persons , that they are neither valu'd nor believ'd . her eyes keep pace with her tongue , and are therefore always in motion . one may discern that they generally incline to the compassionate side , and that , notwithstanding her pretence to vertue , she is gentle to distressed lovers , and ladies that are merciful . she will repeat the tender part of a play so feelingly , that the company may guess , without injustice , she was not altogether a disinteressed spectator . she thinketh that paint and sin are concealed by railing at them . upon the latter she is less hard . and being divided between the two opposite prides of her beauty and her vertue , she is often tempted to give broad hints that some body is dying for her ; and of the two she is less unwilling to let the world think she may be sometimes profan'd , than that she is never worshipped . very great beauty may perhaps so dazle for a time , that men may not so clearly see the deformity of these affectations ; but when the brightness goeth off , and that the lover's eyes are by that means set at liberty , to see things as they are , he will naturally return to his senses and recover the mistake into which the lady 's good looks had at first engaged him . and being once undeceived , ceaseth to worship that as a goddess , which he seeth it only an artificial shrine moved by wheels and springs , to delude him . such women please only like the first opening of a scene , that hath nothing to recommend it but the being new . they may be compared to flies , that have pretty shining wings for two or three hot months , but the first cold weather maketh an end of them ; so the latter season of these fluttering creatures is dismal : from their nearest friends they receive a very faint respect ; from the rest of the world , the utmost degree of contempt . let this picture supply the place of any other rules which might be given to prevent your resemblance to it , the deformity of it , well considered , is instruction enough ; from the same reason , that the sight of a drunkard is a better sermon against that vice , than the best that wasever preach'd upon that subject . pride . after having said this against vanity , i do not intend to apply the same censure to pride , well placed , and rightly defined . it is an ambiguous word ; one kind of it is as much a vertue , as the other is a vice : but we are naturally so apt to chuse the worst , that it is become dangerous to commend the best side of it . a woman is not to be proud of her fine gown ; nor when she hath less wit than her neighbours , to comfort her self that she hath more lace . some ladies put so much weight upon ornaments , that if one could see into their hearts , it would be found , that even the thought of death is made less heavy to them by the contemplation of their being laid out in state , and honourably attended to the grave . one may come a good deal short of such an extream , and yet still be sufficiently impertinent , by setting a wrong value upon things , which ought to be used with more indifference . a lady must not appear sollicitous to ingross respect to her self , but be content with a reasonable distribution , and allow it to others , that she may have it returned to her . she is not to be troublesomly nice , nor distinguish her self by being too delicate , as if ordinary things were too course for her ; this is an unmannerly and an offensive pride , and where it is practised , deserveth to be mortified , of which it seldom faileth . she is not to lean too much upon her quality , much less to despise those who are below it . some make quality and idol , and then their reason must fall down and worship it . they would have the world think , that no amends can ever be made for the want of a great title , or an ancient coat of arms : they imagine , that with these advantages they stand upon the higher ground , which maketh them look down upon merit and vertue , as things inferiour to them . this mistake is not only senseless , but criminal too , in putting a greater price upon that which is a piece of good luck , than upon things which are valuable in themselves . laughing is not enough for such a folly ; it must be severely whipped , as it justly deserves . it will be confessed , there are frequent temptations given by pert vpstarts to be angry , and by that to have our judgments corrupted in these cases : but they are to be resisted ; and the utmost that is to be allowed , is , when those of a new edition will forget themselves , so as either to brag of their weak side , or to endeavour to hide their meanness by their insolence , to cure them by a little seasonable raillery , a little sharpness well placed , without dwelling too long upon it . these and many other kinds of pride are to be avoided . that which is to be recommended to you , is an emulation to raise your self to a character , by which you may be distinguished ; an eagerness for precedence in vertue , and all such other things as may gain you a greater share of the good opinion of the world. esteem to vertue is like a cherishing air to plants and flowers , which maketh them blow and prosper ; and for that reason it may be allowed to be in some degree the cause as well as the reward of it . that pride which leadeth to a good end , cannot be a vice , since it is the beginning of a vertue ; and to be pleased with just applause , is so far from a fault , that it would be an ill symptom in a woman , who should not place the greatest part of her satisfaction in it . humility is no doubt a great vertue ; but it ceaseth to be so , when it is afraid to scorn an ill thing . against vice and folly it is becoming your sex to be haughty ; but you must not carry the contempt of things to arrogance towards persons , and it must be done with fitting distinctions , else it may be inconvenient by being unseasonable . a pride that raiseth a little anger to be out-done in any thing that is good , will have so good an effect , that it is very hard to allow it to be a fault . it is no easie matte to carry even between these differing kinds so described ; but remember that it is safer for a woman to be thought too proud , than too familiar . diversions . the last thing i shall recommend to you , is a wise and a safe method of using diversions . to be too eager in the pursuit of pleasure whilst you are young , is dangerous ; to catch at it in riper years , is grasping a shadow ; it will not be held . besides that by being less natural it groweth to be indecent . diversions are the most properly applied , to ease and relieve those who are oppressed , by being too much imployed . those that are idle have no need of them , and yet they , above all others , give themselves up to them . to unbend our thoughts , when they are too much stretched by our cares , is not more natural than it is necessary , but to turn our whole life into a holy day , is not only ridiculous , but destroyeth pleasure instead of promoting it . the mind like the body is tired by being always in one posture , too serious breaketh , and too diverting looseneth it : it is variety that giveth the relish ; so that diversions too frequently repeated , grow first to be indifferent , and at last tedious . whilst they are well chosen and well timed , they are never to be blamed ; but when they are used to an excess , though very innocent at first , they often grow to be criminal , and never fail to be impertinent . some ladies are bespoken for merry meetings , as bessus was for duels . they are ingaged in a circle of idleness , where they turn round for the whole year , without the interruption of a serious hour , they know all the players names , and are intimately acquainted with all the booths in bartholomew-fair . no soldier is more obedient to the sound of his captain 's trumpet , than they are to that which summoneth them to a puppet-play or a monster . the spring that bringeth out flies , and fools , maketh them inhabitants in hide-park ; in the winter they are an incumbrance to the play house , and the balast of the drawing room . the streets all this while are so weary of these daily faces , that men's eyes are over laid with them . the sight is glutted with fine things , as the stomach with sweet ones ; and when a fair lady will give too much of her self to the world , she groweth luscious , and oppresseth instead of pleasing . these jolly ladies do so continually seek diversion , that in a little time they grow into a jest , yet are unwilling to remember , that if they were seldomer seen they would not be so often laughed at . besides they make themselves cheap , than which there cannot be an unkinder word bestowed upon your sex. to play sometimes , to entertain company , or to divert your self , is not to be disallowed , but to do it so often as to be called a gamester , is to be avoided , next to the things that are most criminal . it hath consequences of several kinds not to be endured ; it will ingage you into a habit of idleness and ill hours , draw you into ill mixed company , make you neglect your civilities abroad , and your business at home , and impose into your acquaintance such as will do you no credit . to deep play there will be yet greater objections . it will give occasion to the world to ask spiteful questions . how you dare venture to lose , and what means you have to pay such great summs ? if you pay exactly , it will be enquired from whence the money cometh ? if you owe , and especially to a man , you must be so very civil to him for his forbearance , that it layeth a ground of having it farther improved , if the gentleman is so disposed ; who will be thought no unfair creditor , if where the estate faileth he seizeth upon the person . besides if a lady could see her own face upon an ill game , at a deep stake , she would certainly forswear any thing that could put her looks under such a disadvantage . to dance sometimes will not be imputed to you as a fault ; but remember that the end of your learning it , was , that you might the better know how to move gracefully . it is only an advantage so far . when it goeth beyond it , one may call it excelling in a mistake , which is no very great commendation . it is better for a woman never to dance , because she hath no skill in it , than to do it too often , because she doth it well . the easiest as well as the safest method of doing it , is in private companies , amongst particular friends , and then carelesly , like a diversion , rather than with solemnity , as if it was a business , or had any thing in it to deserve a month's preparation by serious conference with a dancing-master . much more might be said to all these heads , and many more might be added to them . but i must restrain my thoughts , which are full of my dear child , and would overflow into a volume , which would not be fit for a new years-gift . i will conclude with my warmest wishes for all that is good to you . that you may live so as to be an ornament to your family , and a pattern to your sex. that you may be blessed with a husband that may value , and with children that may inherit your vertue ; that you may shine in the world by a true light , and silence envy by deserving to be esteemed ; that wit and vertue may both conspire to make you a great figure . when they are separated , the first is so empty , and the other so faint , that they scarce have right to be commended . may they therefore meet and never part ; let them be your guardian angels , and be sure never to stray out of the distance of their joint protection . may you so raise your character , that you may help to make the next age a better thing , and leave posterity in your debt for the advantage it shall receive by your example . let me conjure you , my dearest , to comply with this kind ambition of a father , whose thoughts are so ingaged in your behalf , that he reckoneth your happiness to be the greatest part of his own . finis . friday, the th of june, . resolved, that the parliament doth declare, that the several persons named commissioners in the several acts of parliament for the militia's in the several cities and counties of this commonwealth ... england and wales. parliament. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing e ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) friday, the th of june, . resolved, that the parliament doth declare, that the several persons named commissioners in the several acts of parliament for the militia's in the several cities and counties of this commonwealth ... england and wales. parliament. sheet ([ ] p.). printed by john field, printer to the parliament of england., london, : . title from caption and first lines of text. reproduction of original in the henry e. huntington library. eng impressment -- great britain -- early works to . great britain -- politics and government -- - . england -- militia -- early works to . broadsides -- england -- th century. a r (wing e ). civilwar no friday, the th of june, . resolved, that the parliament doth declare, that the several persons named commissioners in the several acts england and wales. parliament a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion friday , the th of june , . resolved , that the parliament doth declare , that the several persons named commissioners in the several acts of parliament for the militia's in the several cities and counties of this commonwealth , be the persons intended by the act , entituled , an act for the impresting of soldiers for the service of the commonwealth in ireland , to have power to impress soldiers within the said several cities and counties by force of the said act , and that they do act accordingly , notwithstanding the determination of the several acts for the militia's . resolved by the parliament , that this vote be forthwith printed and published . hen : scobell , cleric . parliamenti . london , printed by john field , printer to the parliament of england . . a soveraigne salve to cure the blind, or, a vindication of the power and priviledges claim'd or executed by the lords and commons in parliament, from the calumny and slanders of men, whose eyes (their conscience being before blinded) ignorance or malice hath hoodwinckt. wherein the fallacie and falsity of the anti-parliamentary party is discovered, their plots for introducing popery into the church and tyranny into the state are manifested: the pretended fears of danger from seperatists, brownists, &c. blowne away. and a right way proposed for the advancing the just honour of the king, the due reverence of the clergy, the rights and liberty of the people: and the renewing a golden age. by j. m. esquire. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing m b thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) a soveraigne salve to cure the blind, or, a vindication of the power and priviledges claim'd or executed by the lords and commons in parliament, from the calumny and slanders of men, whose eyes (their conscience being before blinded) ignorance or malice hath hoodwinckt. wherein the fallacie and falsity of the anti-parliamentary party is discovered, their plots for introducing popery into the church and tyranny into the state are manifested: the pretended fears of danger from seperatists, brownists, &c. blowne away. and a right way proposed for the advancing the just honour of the king, the due reverence of the clergy, the rights and liberty of the people: and the renewing a golden age. by j. m. esquire. milton, john, - , attributed name. [ ], p. printed by t.p. and m.s., london : . attributed to milton by dr. ezra h. gillett--cf. mcalpin coll. annotation on thomason copy: "aprill ". reproduction of the original in the british library. eng england and wales. -- parliament -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason e _ ). civilwar no a soveraigne salve to cure the blind, or, a vindication of the power and priviledges claim'd or executed by the lords and commons in parliam [milton, john] c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion a soveraigne salve to cvre the blind . or , a vindication of the power and priviledges claim'd or executed by the lords and commons in parliament , from the calumny and slanders of men , whose eyes ( their conscience being before blinded ) ignorance or malice hath hoodwinckt . wherein the fallacie and falsity of the anti-parliamentary party is discovered , their plots for introducing popery into the church and tyranny into the state are manifested : the pretended fears of danger from seperatists , brownists , &c. blowne away . and a right way proposed for the advancing the just honour of the king , the due reverence of the clergy , the rights and liberty of the people : and the renewing a golden age . by j. m. esquire . salus populi est lex suprema . salus parliamenti supremum privilegium . london : printed by t. p. and m. s. . reader , if thou expectest here a polite stile or fluent phrase , thou wilt be deceived in thy expectation : it is not rhetorick but reason can satisfie the judgment ( which this author intended ) the former may cozen the conscience , and dazle simple men : the latter onely can satisfie the wise , and lead to truth . a rough diamond is precious , when the best wrought glasse is despicable ; the painted oratory ( which best pleaseth the vulgar ) ill suits with the well becoming gravity of a statist . the right stating of many questions in the insuing treatise hath necessitated the dilating of some sentences more then may stand with a pleasing stile : yet it is not doubted but the lovers of truth will find that performed which is promised . farwell . so many excellent treatises as have been sent abroad to unblind the hoodwinkt world , and all clearing this truth ( that the parliament is and ought to be supreme judge ) might make this seem needlesse , but as for a sturdy sore , many plaisters are but sufficient ; so will it not be mis-spent time by the clear demonstrations of truth and right reason to beat down that wall of the too-much-loved-ignorance which hitherto hath kept the divine light of the truth from entring into the dark ( & therfore miserable ) souls of those deluded ones who with so much earnestnesse lay out their estates , expose their families to a thousand miseries , nay spend even their dearest bloud to inslave themselves and posterity . love and duty to religion and my countrey , now flaming with the fire these men have kindled , & yet give fuell to , yea even pitie to these men hath inforc'd a pen ever before still to expose it selfe to publike censure , and if by this poor labour of mine any of these ignorantly erring men may be reduced , i have my end ; as for those who inraged with malice willingly oppose the truth , god hath provided her another champion , even the sword , to vindicate her selfe from the violence of those men on whom the power of reason hath no effect . to attain this our end , what readier way have we then . to discover the falsity of those pretences by which those men are deluded , the miseries they bring themselves and posterity into if they yet persist : . to discover the way to regain our now almost lost liberty and religion : . to free us from the pretended fears of the invasion of our liberty by the parliament , or of our religion by brownists , anabaptists , and the like . and here so many of these men who hitherto through ignorance , passion and mistake have been enemies to the parliament , and in them to their religion , countrey , and themselves , i say so many of these as by gods providence this little treatise shal com unto , are wished out of due care & love to the protestant religion so desperately undermined by jesuiticall plots , out of love to their poor countrey , laws and liberty , now at the last gasp as it were either to stand or fall , out of pitie to themselves and their posterity , designed even to turkish slavery , they would lay aside all prejudicate thoughts , and seriously lay to heart the evidences of truth , love , and labour to defend it wheresoever they find it : and in hopes they will do this , i will proceed according to the method proposed , which was first to discover the deceit of that sophistry by which these truth-haters delude their followers & to clear the proceedings of the parliament from all aspersions of wrong or injustice : but because their arts of deceiving are many , and it would require too much time to answer particulars , therefore i shall endeavour to draw them to some few generals . the first then we have to deal withall is this , the soveraigne power claimed by the lords and commons in parliament to provide for the kingdomes safety is an intrenching on his majesties just rights , and contrary to the knowne lawes , say those deceivers . to answer this , and in this the whole bulk of their objections against the parliament , i shall first propose this to your consideration : whether if the king having his royall name and authority abused by those about him , or misled by his own passion or mistake , do command and act things pernicious and destructive to the people , religion , liberty and lawes , contrary to the end and trust of the first institutors of this monarchy , and to the contract at his coronation , and convert the power of the people it self to back and carry on those designes , refusing to hearken to the petitions of his people , or remonstrances of the great councell of the kingdome ( if in this case the people be remedilesse ) consider whether the condition of a free nation be not worse then that of a most miserable slave , and whether the framers of this monarchy have not provided better for the means , then for the end it self , the peoples welfare , which is the end of all government . for first , being before in a free and happy estate every way , it must bring it self into servitude , and each man make one another mutually , and those he holds dearest , and his countrey it self slaves , and must expose his own life , that he may take the lives of whosoever refuseth slavery . secondly , besides thus each man being one anothers mutually , and all their countreys executioners , each must be bound to expose all he hath , and his life as much as in him lieth , to procure or advance the means of damnation of those he holds dearest , nay of innumerable others , and of himselfe ( religion being part of the case . ) thus whereas it seems sufficient to the constitution of a slave , not to have power to dispose of himself , or of what he hath in a passive way onely , in this case men must be positively active against themselves . thirdly and lastly , a whole nation cannot fly , or run away from a condition so miserable , and by any other meanes unavoidable , as a particular slave may . more might be said in this point , but what needed thus much , were not their judgements with whom we deale as turbu●ent as the waters they have troubled ; which sort a possibilitie of delusion , that yet may partly hoodwinke them , must distinguish from the other part among them , whom malice hath made utterly reason , and religion proofe ; and therefore their senses , whose soules seeme nothing els , are to be dealt with in another method . but to the point ; the premises and consequence being utterly absurd , inconsistent , contradictory , against reason and nature , princes being instituted for the peoples happines , and so rather publici servi , as regnum splendida servitus : and since there is provision against the danger of the minoritie of a prince , who can be onely positively ill , it being à fortiori reasonable , that it should not be wanting against the perill from such a prince , as we propound , who by meanes of a greater maturitie and authoritie , may concurre more actively , and consequently more perniciously to the greatest evill , the people in our case , if or when the king makes such attempts in reason cannot be without meanes of remedy . it were perhaps so were a king instituted in an immediate miraculous extraordinary manner by god himselfe , then a lower power could not disanull the act of the higher ; or perhaps there were colour , if the people it selfe had absolutely given or entrusted it selfe to the power or provision of the prince at the first institution , or framing of the monarchy . but with us the lawes , customes , priviledges , power , and use of parliaments &c. argue , or rather are limitations , restrictions , conditions , or reservations made upon the originall trust , commission , or delegation from the people , or after upon occasion , which it keeps in its owne power , or reserves to it selfe , as the supreame resort for extraordinary emergents . nor let any thinke that the king having taken his oath for the keeping himselfe within his bounds , or for the observing the lawes , liberties , priviledges , or the like , that he is hereupon onely left to god and his conscience , and the people without humane remedy , if he exorbitate ; for they ought not to presume , but to prove strongly ( if they could ) this , which were for the disadvantage of the people so mainely , for whose good all was intended at the first institution of the monarchy ; and the peoples happines ought to be rather favoured and preferred in the interpretation of a doubtfull matter ( were this such ) as assuredly according with the first institutors intention : and i thinke it is not so apparent ( if it be apparent at all ) that the king is so left to god onely , as it is that the safetie and happines of the people is l●x suprema , and the end of all , which is out of doubt ; and therefore by this tye of an oath , and all other sitting ties , power , and meanes also intended to be procured , and secured ; and all oft little enough ( though such power is unlesse upon necessitie not onely not to be exercised , but also to be kept as secret , as may be , that the princes authoritie in as much as it may make for the good of the people , may be kept up . ) and perhaps the oath the people hath taken to the king , especially as the people is represented in parliament , may ( respecting at this time this reason onely ) inferre as well on the peoples side , that it is left to god onely thereupon , and so supreame in point of judgement and power : but allowing , or rather understanding truly such power to be in the people , and from it in the parliament ( as hereafter may further appeare wee are to doe ) is not this way the peoples libertie , rights , happines , safer and better assured , together with the kings just power or prerogative , since the parliament is not capable ( could it be willing ) to usurpe upon either ( as after may be shewed ) then imagining such supreame power to be invested in the king , either the peoples right or the kings just power it selfe can be ; seeing no man will deny but kings are subjects capable of arbitrary or tyrannicall power oft times willing and giving the attempt , and sometimes actually prevailing . so , if the framers of this monarchy had intended such paramount power should be still in the king ; and that in such extraordinary emergents as now appeare in england , they had been more solicitous of , and provided better far for one meanes of diverse ordeined to an end , then for the very end it selfe , the peoples happines , which they had left still depending dangerously on one mans conscience , or will , as it should at any time happen to change , when so ●ure and safe a provision offered it selfe else-where , ( as before is pa●●●y touched ) and had preferred the meanes before the end : and so doe all the desperate malignants , and the disorderers of our times & state , which is retrograde to reason : others may better enforce this point touching the intent of the first institution , and adde expresse authorities perhaps out of the lawes to this end , or the practise of parliaments in such times ( if such have ever before been ) or otherwise proceed by analogie and good consequences of reason . if it be said , that by such a provision of remedie for the people in danger , as abovesaid , a dangerous president of disobeying , and weakning the ki●gs authority is introduced , which may worke even danger of dissolution of the monarchy . admitting but not granting , that upon such a president , once made , upon an extraordinarie cause , and that by an orderly way ( and which once done may well prevent all future need of making any more such presidents ) admit such a danger even to the monarchy followed thereupon ( which yet will not be made good in our present case , as after will appear ) then here now is the point . among divers forms of government , whereby a people may be governed , that it may be happie , which is the end and ayme of every such form , this nation chose one particular one , which it judged fittest to compasse that end ( as indeed monarchy duely tempered is the best , but distempered by tyranny the worst , the advantage of union , or unitive power , which it hath above other forms strengthening to evill , when it degenerates , as it did to good , whilest it stood incorrupt ) but if this objection were of weight it would follow , that it were more rationall , that the peoples felicity , which is the supreme end , to which all good forms of government are ordained and tend , should rather suffer , then a particular form or fashion of government , of which there are choice , and any of which are but one meanes , or way to compasse that end if it continue incorrupt , but if corrupted to destroy the end : and so one meanes to the end , nay in our case a meanes if not rectified wholly to frustrate the end , should be preferred before the end it self , which it ought onely to serve , nor can it be said the remedie were worse then the disease ; for what remedie can be so ill , as that disease ; a free , a glorious , a nob●e nation to fall to servitude spirituall and temporall from a long enjoyed liberty in both kinds , and our selves the instruments ? though to go on in such a case , the remedie might not prove so ill , or difficult , if men would pay obedi●●●●●uely there where reason tells them they owe it ; and shoul●●●ere be no such remedie for the people , or ●or conservation of the frame of the government the constitution of this monarchy , which the king declareth he admireth so much , were most deficient in the most principall point of all , namely , the defending and preserving it selfe , the very foundation and ground-work , as the end of all , otherwise provisions orders , laws , without which what were they but folly and phantasie ? nay were not the folly of the first institution rather to be as much admired ( as raising an instrument utterly unfit for the purpose it was meant for : had it left the maine end of all , that is , the peoples safetie , libertie , happinesse in such a case as ours , without all possible , nay without any provision expresse or imployed by common intendment , or analogie of reason , or rule of law , though the true , the naturall , the best , or the onely provision , or remedie to keep prince and people in their due temper , were so at hand , so facile , so offering it self , and if not before usuall , yet used possibly at the very time of such an institution , and for that very purpose , namely , a parliament or other meeting of the like nature , without provision , i say , against the greatest publick mischief of all , that ultimum malum reipublicae ( as divine plato termes it ) arbitrary power , or tyranny , and that a mischief , so likely to happen ; more , so oft attempted , nay actually happening . but he that implores force ( not now to speak of what is pretended herein by words ) and that though but to resist the orders of that power , whose part alone it is to remedie the people in our case , doth in fact deny that this monarchy hath made such provision , or hath that power so necessary to help and defend it self , or that the people in this case is remediable , for by such having recourse to force or warre , though but defensive , he challengeth and assumeth all the power from the people to himself , making himself supreme judge of all upon the last resort , of which somewhat more shortly . but the king cannot be so in our present case , in which he is a party in as much as the evill proceeds from ill counsell prevailing with him ; for to bring the hypothesis to a thesis , and not to stand alway on supposition taking it as a supposition ) that a king seduced may , de facto , make such attempts as are above put , it is more evident of it self then that we need look on the fall of liberty in france ; if not from the king , nor counsell , about him consequently , then whence is the remedie for our losse ? from the judges ? what ever their will may be they want power , a●●●●twithstanding they still were present the mischief grew on : 〈…〉 be then from the two houses of parliament onely ( unlesse you would have the whole nation assemble personally , as in the vale of jehosaphat , if you suppose it possible , and if possible fit for any thing but confusion , except perhaps force ) the king having ( to speak with what reverence we can ) in this case excluded himself , and the clergie justly being excluded , from such temporall distractions , that it may attend the better and advance the celestiall , and ecclesiastick , more then enough to take up the ablest men wholly , and not a little hindered and discredited by their so great greedinesse after worldly matters : let them do their dutie , let them teach truly , live exemplarily , like professors of mortification , this will render the people so devoted to religion , to them , that they may securely trust the parliament with all that touches them , and safely make it their proxy , themselves being absent ; and whilest thus spirituall matters are the better served and attended , these , and the temporall both receive the greater blessing : but such diffidence and suspition in the clergie ( if it should not be present in parliament ) argues ill deserving , since the justice and wisdom of the parliament , as principles of this government ought not to be questioned : but how much more is the clergie to receive at the hands of the parliament , that fuora , i. preti , i. e. priests void the roome , used by that councel in venice , of which bodin in the third book de republicâ , the . chapter , then , when they shall be found in life and doctrine unsound , ill affected to the publick good , accessarie to the evill to be remedied , nay ardent to bring in , or maintain either papistry , and idolatrie , or at least a most scandalous symbolizing with it in temporall pride , riches and greatnesse , and even antichristian domination through the breaches and ruins of their countrey , rather then even a parliament shall question it . the parliament then , and under this notion of the two houses in these times understood , being our onely remedie , or rather physitian , it follows it may and is to be judge of the danger or disease , and that of power which is to remedie if it be so , is to try whether it be so ; for without judgement or knowledge of the disease how can there be remedie ? or how shall the physitian know , what , when and how to apply ? if it be the onely competent judge of this our dangerous disease , and of the meanes to meet with , or expell it ( the knowledge of the remedie depending essentially upon the knowledge of the maladie , and receiving thence its judications ) it hath consequently power to execute , or act , or cause to be executed or acted , what it hath , or shall judge or ordain necessary for the cure , else such power to judge were vain , and it would still return that the people were remedilesse . but wisdom or judgement and power , as they are divine coincidents , and all one really and naturally where they are supreme , and essentiall as in the divine nature , it being but our weaknesse of understanding to conceive them disjoyned so ( for principles of one facultie questioned are to be enforced from an higher facultie ) even in this supreme power on earth ( which as farre as frail mortalitie can bear imitates , and represents that above ) they ought not to be by us apprehended separate , but mutually presupposing or inferring one the other . let us adde to make up this terrestiall trinity ; goodnesse , which last may be understood in our present case , a doing no unjust , or dishonourable thing , but wholly intending the publick good , according to the peoples trust . and it were an arch heresie in the policy of this monarchy to disjoyn in our beleef or opinion , the third from the two former . and the law saying , no dishonourable thing is to be conceived of the parliament , it seems all one as to have said in other termes , that it is the supreme judge of the last resort ( and that even without the king , if he hath excluded himself as above , which is more then if he were far personally absent , or otherwise casually disenabled , and as much as if no king at all were for the time ) where all appeals are to rest , and determine , all men to acquiesse , binding all from questioning what is there done ; and inferres the supreme power there to reside , as being the whole kingdome ( in which it is radically and fundamentally by representation : such power to be exerted and used , when it judges necessarie , and that ( if the nature of the occasion so requires ) with the suspension of the power of the supreame , ordinary delegate , or magistrate , during that parenthesis of state ; for the kingdome having entrusted the parliament with all it holds precious , the effect of the commission upon the matter being , that it provide ne quid respublica detrimenti capiat , it hath consequently trusted it with its power , which is the supreme , that it may be enabled to perform and execute the trust , when it judgeth , this cannot be made good , without using that power . but to return ; the law saith also , that the king can do , or doth no wrong ▪ but it denieth not , but ill counsell about him may : or perhaps the law intends the king as he is in his great counsell , where he is as sol in leone , or any planet ( as they say ) in his proper house ; of farre greater vertue and power , then otherwise . but however , reason tells us , that a prince or a few of his cabinet counsell , may far more easily erre in judgement , or possibly in point of will , then the multitude of a parliament ( so many whereof are selected out of the whole kingdom by the people ) in point of judgement , much more of will , or well willing to the publique ( whereof themselves are so great a part ) : and this much the rather , in that it is to be feared , that oftentimes , those privadoes of the prince , finding out cunningly the princes will , inclination , or humour , before they advise , and , further to ingratiate themselves , seconding it , much that there is agitated , becomes to be upon the matter the judgement or will but of the prince alone . well , i hope we are now come safe to this passe , that the parliament may and ought in our case to defend the people , or kingdoms rights , use the peoples power which is the supreame , ( as others have proved to cleare passionate men , rather then to satisfie any judicious man , who will not require proofs in a point plain enough of it self ) ever resident in the people , and so in the parliament , though dormient , till it be by the parliament thought fit to be wakened , which should it not now be done , such a seeming-secure , and supine sleep might have proved a mortall lethargy . but here these sophisters think to enter upon us , and to take the benefit of their own wrong ; for seeing they have brought the kingdom to this passe , that unlesse the parliament take the power of the kingdom into the kingdoms or its own hands , it cannot defend it self , or the kingdoms rights , or rather rescue them ; they would cunningly prepare those , whom they intend to make slaves , by first making them such fools , as to beleeve , that the parliament intends a change of the monarchicall form of government , and to oppresse king and people by i know not what new kind of arbitrarie tyrannicall government . i beleeve the king and parliament will soon be attoned , if any can shew the parliament by what other way it can discharge its trust and dutie in this constitution of the times , without the power it hath assumed but what if it shall appear ( i should make scruple to use the word shall , as if it did not appear alreadie without these weak offers , had we not to do with such as seem to have found out some new kind of reason , or having antiquated the old , which differenced man from irrationall creatures , to have substituted passion , or idle phantasie in the roome of it ; the best method indeed for them afterward on as good or the same proportion of reason , to advance the power of the king into the place of the power of the whole people or kingdom ; it is their own manner of speech and practise as sound and good as their own method , to make such distinction and difference betwixt king and kingdom ) what if it shall appear , time bringing every day truth to light , and perhaps even to there men some dilucida intervalla , that there is not the least probabilitie , that the parliament can have such a thought of usurpation , as these men would impose or seem to suppose ; much lesse was it ever heard that any free parliament , actually made any the least attempt to that effect , so far is it , that ever it effected it : whereas on the other side , ill counsell about princes have attempted oft , and de facto , sometimes performed the turning of a well poysed or tempered monarchy , into an arbitrarie tyrannicall power and publique oppression ; by which change , such ill instruments appear the onely gainers ; and the malignant spleen swels in a miserable consumed bodie , the head not exempt , and yet the very swelling a dangerous disease even to the spleen it self at last . unlesse such monstrous times did priviledge , it were high presumption to think it were not all sufficient to stop such mouthes to say it is a parliament , and it were dishonourable for it to do as they calumniate , and therefore not to be imagined . this maxime or ground being no more to be denied , or questioned in this monarchy , then that the earth is round in naturall philosophy , as neer as morrall philosophy may arrive at naturall in point of certitude : though should we grant them that a parliament may erre , nay do wrong to prince , people , or particulars , yet that would not follow upon this which they would maliciously inferre , and ayme at ; for none but it self , or another parliament were to correct , or rectifie what a parliament should have done amisse , and not the king or any other persons any way whatsoever , much lesse by force or warre : for he that is allowed to judge or correct , is allowed thereby at least an equall ( if equality for such an intent can be conceived sufficient possibly ) : but such equality of power in two distinct magistrates ( for so we must distinguish king and parliament here ) of different natures , and touching one and the same point or matter in controversie , cannot be in one and the same state , then such a corrector must be allowed superiour and the corrected subordinate , but such the king cannot be in our case , as above is partly shewed , and shall be further afterwards . how then can force or warre on his side for this cause be rationall , and just ? nay though it should be but defensive , much lesse if offensive , or inferred ? since even bare resisting the ordinances of the parliament , is or presupposes an assuming of the supreme power to judge and condemne , such resistance being the execution of the sentence . but we shall not carry it away so easily that the parliament will not be unjust to any , holding such power , strong temptations of profit corrupt : too oft , where one , or a few are ordinary judges ; as a little water standing sooner is putrified , but multitude of these judges are like the sea incorruptible : but moneys received , profits and emoluments accrewing , ( it were a shame not without a certain mixture of presumption to insist on such base imputations here , had not frontlesse and monstrous malice been so incredibly audacious , as actually to raise them ) may make a dividend sufficient to draw to some uniust act each man or the maior part of such a multitude , very likely ; and to draw the more matter of profit , we see how by frequent orders they invite private causes ; and do they give any publique account of the moneys they receive from the people , more then the malignants could have done for ship-money ? but we erre ; they give publique account : but it is to get credit onely with the people , that they may be in their sinister practises and machinations the lesse suspected , and better served : but stay ; how can they have ill ends at all on foot or in agitation , since of all their particular actions and proceedings , of most moment , from time to time , they by their declarations , or the like , give no lesse then of the moneys an account to the world , except they be evident of themselves ? should they do that they cannot give reason for , but such malicious vigilance , as we deal with , when it might in particulars charge them , and article against them upon truths , would never be driven to the base and miserable shifts of these generals , and the like most ridiculous impudent transparent calumnies for want of matter to work on ; and did not the people see clearly , they have reason , and that their ends are meerly the publique good , it would desert them ; loosing patience upon the sence of the present evils , which ( like the sicknesse , which , even the best phisick , before it can induce a finall setled state of health , works in a patient , chiefly if disorders , during the cure , also foment the peccant humours ) through the malignant traverses of our calumniators , both people and parliament are of necessitie to passe through : and were it not so , though the king cannot dissolve the parliament , yet the people possibly might recall their elections in each county , since the parliament doth but populo volenti imperare ; which if then it doth not do , what ever some few inconsiderable and inconsiderate particulars may have attempted here and there , it appears the major part at least approves what passeth , and that sufficeth : but let us take heed we traduce not these traducers ; they have a more honourable conceit of the parliament : it is not base profit onely , but places of honour , such as are mentioned in their propositions to the king , or the like they look at , and travail for : but there may be hope , that these that direct , correct the parliament in all things , will here tell them , that they are out of their way , and that their nearest way had been to have complied with the king , which seeing these would seem to imagine the parliament so unjust and dishonourable they need not doubt , they would follow : and by this course bringing in an arbitrary government ; in which case ( as before is said ) the ill counsellors , especially being authors or instruments of the change , carry away the advantage or the gain , and spoyls of the people , those their places would be farre more imperious , absolute arbitrary on the oppressed people ( we may instance in the starre-chamber ) or more beneficiall , as lesse obnoxious to strict syndications , then they can be the other way , they now hold ; in everie regard so accountable ; the king in all presumption like to be eagerly vigilant over them ; and these malignants themselves , grown yet more malicious and venemous , if possible , by seeing the tables so turned , and what they have been thus enormously wicked to compasse , possessed by those they hate , that may be the instruments to punish them for such their wickednesse ; besides the parliaments ever hanging over their heads ; and so highly interested in the demeanors of those they have made choice of ; and perhaps the next parliament may consist of other members then this present doth , and so ▪ as strangers to those so chosen , lesse subject to favour them , if this were any thing to satisfie the insatiate malice of those who under colour of seeming suspicious of the integritie of this parliament , would through the sides of it , strike at the heart and authoritie of all future parliaments : so upon the matter , by this course the parliament now holds in such their propositions , the people and kingdom are like to be the onely gainers , as these publique mischiefs grew from ill counsellours and officers . but have not some of the principall worthies of this parliament quitted or indangered places of greater moment ( besides the generall losse common i fear to the most or all of them through the neglect of their private affairs , whilest they are thus wholly taken up with the publique ) as their countreys confessors if not martyrs , then they can any way expect by the course they hold ? are not examples of such , as suffering themselves to be taken off from such services ( on which they purposely seemed the more sharp , that they might be so taken off ) have grown almost as much in greatnesse , thereby , as they lost in goodnesse , are not such instances as vulgar as the spirits that furnish us with them ? more might be said and much better herein by better judgements , but a weak one may suffice so strong a cause : there being good reason to be short and slight in an argument or point that could afford no just reason to have begun at all , did not such monsters of men urge it ; lesse can it be conceived that hope , intention , or fruition of uncontroulled dissolute licentiousnesse or pleasures , by means of the capacitie they now stand in , or as they are a parliament can be a motive to them to continue the power , or place they have , longer then the publique necessitie or good requires , or convert it to any other use then it for which they were and are by the people entrusted with such power , supposing they were no better then our calumniators , that where there were a motive or cui bono it would prevail with them to do evill , had intention of such licentiousnesse been one of the principles that moved them , what meant they without any necessitie not onely to give publique significations , that they meant to induce a strict reformation of manners , but even amid so great and dangerous distractions to begin to set it on foot , not without some further danger from those that hate it : as for any pleasures they may hereby pretend , they seeme to be no other then their indeficient and admirable pains , dangers and indignities ( let me adde and base ingratitudes , a blessed condition to fain teares and dangers that they may continue in it ) their noble constancie judging pro deo & patria dulce periculum , for all which whereas it appears they have no earthly reward propounded to them ( the like may be said of all those that adhere to the parliament ) but the conscience of having done nobly in serving god and their countrey and defending it , did the kingdome give what it could afford it were short of them , and it must be an higher kingdome that can indeed equall them and such a change of the kingdome , and no such as our malignants would have us fear , they appear to ayme at and affect ; and could they would they ayme at a tyranny for themselves , what need they have laid such a block in their own wayes , as a voluntary oath generally taken for the conservation of the kings just authoritie , and so many declarations , and publique protests to that purpose , which they desist not from upon all occasions yet to do , when as , had not their resolutions been thus fixed , divers free late declaring themselves to that effect , specially since matters of difference have arrived at this height , and the parliament so strong , and so many other circumstances ●itting , might have been forborn . but to leap over all these barres in imagination ( for in reason we never can ) suppose the parliament may effect a change of the monarchy , what form of government could they bring in instead of it ( for they will not say anarchie nor i deny a mixed government , for such is our monarchy reduced to his right temper ) democracy ? then through perjury , great injustice , and danger , they pursue their own ruine : for democracy where the people or multitude governs is enemy to the nobilitie and gentrie , whereof chiefly or solely the parliament consists , bringing all to a parity , and making all men alike in power , or rather taking away eminent persons quite , as envious or jealous of them ; whereas such have priviledges over the vulgar in a just monarchy : what then doth the parliament affect aristocracy ? ( where the nobility , or chief govern ) but the multitude or people whom the parliament hath been charged to court , in which multitude resides or consists the maine strength , and who choose the commons house , and must execute chiefly what the parliament orders , without which their orders are nothing , after democracy or monarchy before aristocracy : and doth not the parliament ( as above is said ) from time to time give particular accounts of their actions to the world ? doth there appear any previous preparing the way or disposing the people for such a change ? which were necessarie , were it intended ? at least after so long a time , they would have begun to carry their designe outward , and the people having found it , would more and more have fallen off : but we see the contrary , and the people every day more and more satisfied and assured of the integritie of their intents . but were the two houses a subject possibly capable of aristocracy , would the lords of the upper house concurre to it , which would reduce each of them to a parity in power with each member of the house of commons , as democracy would equall them both with the multitude , for unlesse the lords would loose by granting this , should the commons get any thing ( if this yet be any thing ) by this imaginary if possible change ? ) yet how could they continue , or hold it without the consent of the multitude or people ? and should the people unanimously concurre to the erecting of this or any other forme of government , who should oppose it ? but how foolish were it for a people to feare that which can never be unlesse it selfe will ? and the parliament hath found it a long time strangely infatuated , insensible , unwilling to stirre ( till time and experience had given too good attestation to the parliaments next to divine foresight ) even when it hath made appeare to them their owne rights , liberties , and implored defence : and could the parliament presume to finde them to concurre actively to an unjust and unreasonable thing , the erecting a new tyranny , not without great danger over themselves , contrary to the oaths and perpetuall protestations of the parliament . and the scots in the like occasion we see did not bring in any of these new governments : nay , were the parliament possibly capable of such tyranny , yet it being in the hands of such a multitude , and that against the good will of the people , ( for so we must here suppose ) they were easily divided , and so the tyranny dissolved , especially there never wanting a minor part contrary to the rest , and contrarietie being the cause of dissolution ▪ but so were not a tyranny in the hands of one , and in him established by the good will of a potent faction of malignants : unitie which chiefly makes a monarchy , duely tempered the best forme of government ( as above was said ) making the arbitrary or tyranny of one upon the same reason , as the worst of all , so most hardly dissolvible . wee may adde to all , that this parliament having pressed for , and obtained trienniall parliaments , whereby their actions , and demeanours in this present parliament , are subjected to frequent and certaine examens , should or could they give cause , and that perhaps by parliaments consisting of other members then these ( not to speake of other accidents that may procure such a change ) should the people not be satisfied with what these doe in this present parliament : it plainely argues , that out of the clearenesse of their intentions , actions , and consciences , they are content , nay desire to leave their actions to the censure of any : their persons , as concerning future elections , to the opinion of the people upon their demerits ; if the king please not to come among them , and looke to their doings , as they desire : if then upon these reasons and much more that might be offered , the parliament cannot have any such end of establishing in themselves any arbitrary tyranny , or of their owne private emolument , with the hurt of their countreys ; what can their ayme be all this while but the publique good , the just defence and asserting of their countreys rights and honour , by the just regulating and reducing the monarchy to the due temper ? which is all the change of the government they seeme to affect ( the same holds in all those that adhere to the parliament , and in it desert not themselves ) from which it had especially through want of due parliaments exorbitated so dangerously , that had not this like another moses beene sent by our gracious god to redeeme or rescue us rather then to defend us , and that with an out-stretched arme , forcing the malignants to it , who as they ever shunned it by all meanes , now deadly hate it , as fearing it , and in that feare confessing tacitly , that same politick omnipotence of it , which is now asserted , a worse then aegyptian servitude in humane probabilitie had overwhelmed us , and consequently the true principle or end that moves the malignants , cannot be a true feare of any arbitrary power to be established in the parliament , though they so pretend , to divert us by foolishly fearing an imaginary impossible danger , from looking to and timely opposing the true reall danger imminent and evident , nay to draw us to concurre to the bringing of it in with our own hands , which is an arbitrary government at discretion , which the malignants themselves would establish , and that by a civill warre , to the ruine of all that is precious with honest men , or men of honour : they have had such power in manner already in their hands ; and that which the king is induced by them to challenge at this present , amounts to no lesse in effect as shall appeare , the parliament yet in vigour ; what then may we expect if they should prevaile by force , which now their fallacies and deluding reasons are plainely discovered they flie unto : what but that the court and parasites of it , should wallow and revell in all licentiousnesse , luxury , excesse , with pride , avarice , and tyranny proportionable , whilest the rest languish under oppression , slavery , poverty , disgrace , perpetuall indignities or feares , accompted as their bea●●s to labour for them , and so mediocritie a state , which the wisest of men prayed for , no where to be found , but a deluge of vices fro● co●trary causes , till generall ruine involve altogether ; vertue and the glory of the nation before extinct . for we must not thinke tha● these which love their countrey so well ( for which to doubt to dye were dishonour ) that they will not be quiet and sit still to save it ( for this much onely may suffice from the multitude of them , the heads and leaders excepted ) nay can be content to ruine the glory , libertie , safetie of it , even with the hazard of their estates , lives , honours , soules , so they may in some proportion share the spoiles of their countrey , and grow fat with the bloud and teares of the oppressed people : we must not thinke they can doe thus , but to the end to have greater meanes and power to beget more monstrous in all villany if it were possible . these can fight against their countrey to make themselves slaves to a few above them , that the rest of their oppressed countrey may be slaves to them , slaves of slaves : but i doubt not , but these monsters , unlesse reason transforme them , shall meete with their herculesses , honest men and men of honour , ●eady to die for their countrey , if need require , judging such a death infinitely to be preferred before the lives of the chiefest of these , should they obtaine what they seeke . but let us end this patheticall flying out , though it be hard for the inferiour faculties sometimes not to stirre , when the understanding somewhat inlightened hath inflamed the will . on the other side , so divine a gift as this parliament thankfully recognized and made use of duely , and the just power and dignitie of the parliament , and therein all our happinesse wisely and manfully now once asserted , moderation and mediocritie induced , the monarchy duely tempered , may be in humaine probabilitie perpetuall , and all the surfet become physicke . and this violent feaver of the state having amazed and drawne to an head all the malignant humours before dispersed all over the body , and lying dangerously hidden , and set on fire , consumed and expelled them ( like the filth of an house swept into an heape and burnt ) the whole body may be much clearer sounder and better disposed , then had not such a distemper ever beene . i hope it appeares already were there no more then these presented weake reasons to an ordinary rationall man ( if far better from others be too meane for his majestie ) what way he is to take that all may be well ; and seeing but one side can be trusted with the power of the kingdome , which of them is most unlikely to tyrannize , or reduce all to arbitrary government , or which will most probably use it to the publique good onely , or whether in such extraordinary times it doe not most safely repose where it is originally , naturally inherent , viz. in the peoples owne hands , and so in the parliaments : nay were the case hitherto dubious , yet since libertie first made appointed limitted prerogative ; for they confine together , as the people ( in whom is the radicall , primary supreame power , and who made kings , not kings people ) thought best , when it first made choice of , or instituted this one forme of government among divers others , which we call monarchy , and whereof there are sundry degrees in sundry states , some more some lesse trusted , or limited , as the first founders pleased , ( els why are they not all equall since free and voluntary agents worke or doe onely so much , or so far as they please ; and the various subordinate degrees or kinds of the creatures prove the divine majestie to be agens liberrimum , els the creatures would be all equall : an involuntary or naturall agent ( as philosophy termes it ) ever working as much as it can , or to the utmost extent or sphere of its power and activitie , and so an equalitie in the effects ) since i say , libertie or the people first created ( as i may say ) prerogative , and that so tempered , modified , or graduated , as it thought most conducible to its owne happinesse ( for the supreame power ever worketh for it selfe rather then for the subordinate or inferiour , as being the end ; the efficient and finall causes being here co-incidents ) it is just , that this , namely , libertie , judge and give law to that ; and that this , if an unnaturall jarre fall out , gaine and prosper rather then the other ; and since the people reserved ever in its owne hands , and saved to it selfe upon the trust to the monarchy , what priviledges , right of parliament , or liberties , &c. ( parcell of the originall power naturally in the people , and which may draw backe to the fountaine the derivative power , as the bloud and spirits to the heart , when there is cause ) it thought best , surely it must doe this with purpose to see them conserved as safely as may be , and upon occasion to make use of them and enjoy them , which could not be surely done without a power reserved to judge of the state of them , and when they were to be used , and the like , ( for if the prince be trusted touching the keeping himselfe within his limits , he may even as well be trusted absolutely without limits : ) nor such power to judge of them is to any purpose , as above-said , without power to execute what is judged hereupon fit . so the parliament judgeth in this case as the first authour , and superintendent of the intent , and is not as a partie to be judged . further , were the matter yet dubious , yet seeing the protestant religion , the power being in the parliaments hand , is far more out of the reach of danger then the other way , even without calling his majesties good meaning into question therein , as i hope anon will appeare it ought to put it out of all question , how wee are to range our selves in these times . the parliament having ( our case so standing ) such power as is deduced , whatsoever would seeme to oppose that power and stand in their way , as they defend and assert the publique good so invaded , must be voidable : and usuall ordinary known lawes or customes made or in use supposing , or whilest the prince kept duely within his bounds ( which the king speakes so much of , saying , that he will ever governe by them , and hold all to them ) but ever intending the publique good , are no way to bound or tye up the transcendent power of the parliament , when it shall encounter new and never before heard of exorbitances or invasions of the publique good , which the times that made those knowne lawes never heard of , so never provided against . but by proportion of reason this parliament may and ought as well provide by new ordinances or orders for such new evills as they encounter , as the former did for what they then met with : for they had their originall also ( ex malis moribus b●nae leges ) and had those times had such causes offered , as these have , they would have provided remedies of a nature like those this parliament hath done , the power and generall intentions of all times , or the universall ground being still the same , that is , to defend and vindicate , or procure the publique good : and to tye them to the knowne or old lawes in this case , where the letter might kill , were irrationall ; for so the first breaker of the lawes might take the priviledge of the lawes , and advantage of his owne wrong , and under the colours of the lawes fight against and overthrow them , or the rule , reason , or intention that caused them at first . if it be said , nothing was done by the king of publique consequence , but by advice of the judges , it may be answered , that the parliament is the onely competent counsell & judge in cases neerely concerning the publique , and people in generall , which the king is entrusted upon such occasions to call , that the whole people may not but upon extraordinary causes be troubled to elect for parliaments , and attend that service : but in such a case as ours by virtue of the legislative power residing in the parliament it may make new ordinances , at least for the time , as it sees occasion and judges to be in order to that supreame and immutable law , or law of lawes , and end of them all ; salus populi suprema lex , and that power even of making new lawes is ever upon the matter in both houses of parliament , and that even when the king keepes himselfe within his due bounds , and is assistant in parliament ( how much more then , as before is shewed , if he shall by exorbitating dangerously bring himselfe within the compasse of our case ? ) and that the kings consent to what the parliament propounds to him , to be enacted for law , ought not to be denyed , may appeare by comparing this following part of the oath , which the kings of england at their coronation take , or ought to take , cited in the remonstrance of the th of may , in haec verba : concedis justas leges , & consuetudines esse tenendas , & permittis per te eas esse protegendas , & ad honorem dei corroborandas quas vulgus elegerit secundum vires tuas ? respondebit ( rex ) permitto , & concedo . comparing this part of the oath with the clause of the preamble of a statute there also cited , intimating that the king is bound by his oath to remedy by law such inconveniences , as the kingdome may suffer in the future , as well as to keepe and protect lawes already in being ; for then either those latine words here cited , or some part of them , and that the latter , namely , quas vulgus elegerit , are to be understood of lawes futurely to be made , or else it cannot be shewed by what part of the oath , as the said preamble affirmes , the king is bound by law to remedy the mischiefs that happen from time to time to his realme . nor will the lawes of grammer , or use of speech , or custome of phrase tolerate , that , elegerit , without the conjunction , si , or the like preceding , or regulating it ( though we passe not by unconsidered the rude speaking of those times ) can ever be taken for elegit , the preterperfect tense : but as it stands in the fore-cited place , must of necessitie participate a future nature , and signifie precisely , shall have chosen ; that is , that the king assumeth to confirme such lawes , as the people shall have chosen ; it being to be conceived , that the people , or parliament first amongst themselves , must have debated of , chosen and agreed upon them , before they present them to the king to be confirmed . besides , if those cited words , et permittis per te esse protegendas , & ad honorem dei corroborandas quas populus elegerit , should not referre to future elections , but to past onely , they were superfluous and vaine : the words precedent , concedis justas leges & consuctudines esse tenendas ( which presuppose necessarily , and cannot be understood without a precedent election and consent of the people to them ) expressing sufficiently lawes and customes elected , already confirmed and in use . and the kings answer to these cited words , being bimembris , or two-fold , concedo & permitto ( all the other answers of the king to the other questions in the oath , cited in the said remonstrance , because the questions are meerely simple and single , conteined in one word only , as to one question onely ; servabo to another onely ; faciam being also single , and in one word ) argues the question to be double , as is said . and that the king is not bound onely in generall thus to remedy the particular wayes or meanes left to his choice ; see the said remonstrance , folio . which ought to have it selfe sufficed without such poore gleanings , as these , or the like : if then by these and other better reasons which others have presented , the parliament hath such a legislative power , even where the king dischargeth his office , as upon the matter to make such lawes as it judgeth best for the publique good ; where through the prevalence of ill men about him , it is not done , but the contrary , and so the danger is from him , shall not power be in them to make new ordinances , or provisionall lawes , for the timely remedying such publique mischiefs , at least for the time , and to suspend some of those in being , if they judge fit ? how much more then to judge of , declare , or interpret those that seeme dubious , ranging and making all to be subservient to the supreame law salus populi , the rule and reason of all lawes , as was ever intended at the making of all particular lawes . hath not even the lord chancellour a little touch of such a power upon the common law ? what then may we thinke a parliament hath , and that when the very publique is in danger ? and if the whole people unanimously consenting , upon a princes not performing what he is bound unto , may possibly change the very forme of that limitted government , which it first instituted , how much more may it conserve or defend that temper or kinde of government , which it hath erected by regulating the enormities of the prince , by maintaining and holding what they have reserved out of that which was all theirs at the first , or their owne rights ? how many degrees then are they off from being bound to become themselves the instruments to overthrow them ? how strongly are they bound to the contrary ? and indeed were not the parliament the supreame judge in all the said questions , or of like nature , ( if we may call it a parliament at all , not having this power ) it could not possibly save the people , when ill men prevailing upon the king would oppresse it ; for while they carry on by degrees , and mature by little and little such their mysticall and pernicious designes ( which must be met with betimes in such tender and jealous matters , before they advance and grow strong , when caution comes too late , and opposition out of season doth but exasperate and increase the evill ) they will cause the king by fit instruments for the purpose , to pronounce , judge , or interpret each such degree or gaining a new and further point , still lawfull , and not subject to question , however dangerous to the people in it self , and of worse consequence , till the mysterie at last unmask , and all be desperate . it may be superadded , that should the parliament be more jealous of the prince then there were reason , ( which yet as i hope hath appeared is not to be imagined of the wisdom and justice of the parliament ) yet it were the farre lesse evill , that the prince , being but for the people , should somewhat suffer by such the parliaments jealousie ( which were but peccare in meliorem , & securiorem partem ) then that by the parliaments too much security and beleeving in the prince , the people or whole kingdome should be endangered , or oppressed for whose good they both are ordeined , as means for the end : besides that the authority and politique infallibilitie of the parliament must be by all that love their countrey , not blemished but held sacred and inviolate , as supreame . the king indeed saith he will defend and maintain , the laws , liberties , properties of subjects , just priviledges of parliament , but even in saying this he seems to violate them , if the thereby assume the supreame judgement of them to himself , which , as already partly hath appeared , and further hereafter may do , cannot be ; admit this trojan horse into your walls , allow this , all of them may easily resolve into nothing . consider well , what judgement hath been made of the laws , the libertie , the property of the subject , before this parliament , whilest a future parliament was doubted and feared , and therefore kept off as long as these malignants could , ( but their fear and hate shews what we ought ardently to desire , and love ) whilest so many monopolies , loane , conduct , coat , ship-money , and the like grievances were brought upon us ( our persons not going scotfree ) as consisting well , and compatible with our laws , liberties , properties , and adjudged lawfull , which yet what did they , or ere long going on at least would they have wanted of making them all meerly at discretion , pleasure , and will , the meer names of such things remaining , and used indeed , as trophees of their conquest , and monuments of our quondam felicity , and at leasure to be lamented folly and eternall shame . the danger of our religion is not forgotten , because not ranked in mention with the rest , it shall have a better place by it self , as a queen sitting alone . the judgement made of priviledges of parliament during this parliament seem to have come little short of the judgements made of our liberties , properties , &c. and if it be duely weighed . first , that they will have the king to be judge of them , then what judgement hath been lately made , both in fact and in words , or declarations of them , a man meanly penetrant will find them resolved by the positions of these malignants into next to nothing : and all this while the parliament was and is in vigour , vindicates , and asserts them , and likely to call these men to account , what will they make of them , should they through the authority , and reputation of this parliament , which is the essence of it , peirce at once the heart of all future : for a parliament not free were no parliament , and if the king be allowed judge of priviledges of parliament , where any new case happens which may touch the very essence of it ( if it be any thing else then the priviledges ) will it not come to this , that the judges he appoints , or rather such instruments , as the malignants about him please to set over us , shall upon the matter judge the parliament , which is to judge their judges , making it and the laws what they please , and to restrain the power and freedome of it , as of the laws , as they think fit ; whereupon would follow even the same inconveniences , which were before mentioned , supposing the king the supreame judge of the laws , namely , that the parliament should be disenabled to defend the people , or indeed it self if incroached on , or oppressed upon the same reasons in that place expressed . but it seems more rationall , that since the parliament is to be judge of the laws ( as is above shewed ) nay even may make them , at least in some cases ; it may judge as well of its own priviledges : neither appears it in the kings power to make them , what he pleases , save onely thus : if he doth not exorbitate , nor innovate any thing against them , neither can the parliament desire any alteration of them in any point , betwixt it and the king , concerning them . but in case of extraordinarie emergents of never-before-heard of attempts on his part , whither by any verball declaration , or by fact , whereby the priviledges , authority or very being ( for it may trouble a good school-man to distinguish clearly betwixt these three ) it self of the parliament is indangered , it is reason , that the priviledges now become any thing that the parliament judges fit for the conservation of it self . for the maine end and intent of the first , ancient , ordinary , and usuall priviledges of parliament , being to enable , and qualifie it for the due attending , defending or advancing the publique good ( for which purpose they were judged sufficient by the first institutors , not suspecting such new invasions , or attempts on them , or on parliaments as since have happened in more corrupted times , but thinking them rather secure , as part of the laws , or customes which kings are bound to keep inviolate ) why should not the same end and intent , which ever remains in equall force , immortall , and immovable , work and move , as well to the instituting even of new ones , if new causes happen , and without such new ones the parliament shall remain disenabled to procure the publique good , for which it was ordained ? and if the parliament may in extraordinarie times as now make new ordinances for the conservation of the people , it may make ( if need require ) new ordinances or priviledges ( which are but the private laws of or concerning the parliament ) for its own conservation , without which they cannot defend or conserve the people ; and in vain had it power to make new ordinances upon new occasions for the publique good , if it have no inherent power to make new priviledges or ordinances upon new emergent dangers to save it self , posse naturally and necessarily presupposing esse , as grounded on it ; qui dat finem , dat necessaria ad finem : the priviledges being to defend and maintain the parliament as the laws the people , and as salus populi is lex suprema , as before , so it may as well be said , salus parliamenti supremum privilegium . if it may work new , it may much more interpret , declare , and judge of the old on occasion ; and are no more to be held to the old , usuall , known , priviledges , when new extraordinarie attempts , or affronts happen , then to the old known laws onely in the case above spoken of , and upon the same ground and analogy of reason . and here we are fallen unawares on the old lord treasurer burleigh , who we need not say was a great statesman , who was wont to say , he knew not what a parliament might not do : not much unlike the archbishop bancroft ( a great statesman ) who would tremble ( as is said ) at the mention of a parliament , as knowing , or rather not knowing the power of it ; and had not they both taken the word parliament in our acception , they had told us no news . it is one effect of ill counsell about a prince ( in the consequence somtimes better then in their intentiō ) to minister occasions to the people by invasion of their rights , to look narrowly into the nature of the princes prerogative , when by the power of truth , it oft looseth of the former reputation ( which liberty gains ) : a more dubious light setting it of better , and ignorance begetting here devotion , and admiration , of what is unknown ; & hence it is perhaps , that in these times as more polite and penetrant , then many former ages , prerogative is said generally to loose in christendome , the better thus fortified against the so great , and growing danger from the common enemy the turke , and other great mahometan princes the great bulwark of christendome , germany , now so torne the more requiring it ) by so maine a disparity in matter of liberty ( the mahometans using their subjects , as their beasts , or slaves ) as well as of religion . but to our way from this digression . we may from this place take a prospect another way into the plot of these malignants ; being by a crew of our own nation but unnaturalized , partly not penetrating their deluding pretences by reason , as naturally simple , partly having their understandings debauched by a will instantly solicited , or over-ruled by enormous affections , and passions : which second kind may constitute a middle degree between malice and simple ignorance ( might this simple tractate gain one of the first sort , the pains taken were a pleasure , but should it hope to win one of the second degree , this presumption might make bare pardon too much for it . ) there is a third sort in whom their understandings and consciences though having perfect light and cleerly discerning the truth , and right , yet are like slaves forced , and dragged by a diabolicall will ( affections in this degree not mentioned , as arguing grosse carnality , or corporealnesse : but these are spirituales nequitiae ) by such a society , whilest they speciously pretend to defend priviledges of parliament , laws of the land , liberty , property of the subject , &c. but whereof the king must be supreame judge ( for in this point lyeth all the mystery , and cabala ) through this mortall wound of the authority and essence of the parliament , the true , and onely judge , and consequently defender of them all ( as above is shewed ) to strike the heart of them all , leaving us onely tenues umbrae , or manes , or apparitions of them , to pursue , distract and torment us , as accessaries to the murder , or rather principals ( since no accessary in treason ) if we passively concurre , much more if we help to act it , thus the matter being disposed they may introduce the form ( the perfection of the work ) and the state at their discretion , and the way of the lord pope prepared , and his crooked paths made straight , they may easily bring him in , as after we may endeavour to shew . but if the plot seem not deep enough laid , as supposing and hoping at home so many monsters , and vipers ( though the fewerneeded , the sound partie of england and scotland already distracted by the irish rebellion to that end if not at first raised , yet sundrie waies fomented by them ) then perhaps to peice it from abroad ; and by cutting the banks of the kingdom to let in a deluge of forrein forces , and so yet further subdistract the remnant ; if we conceive the fleet of spaniards , seen not long since at the downs , carried any mysterie , or came not unsent for , or moved not to no end , or hull so eatnestly made at , newcastle , portsmouth , &c. signifie any thing ; which though intended to distract england , and ruine it , may rather ( opening our eyes , and disabusing us ) by gods over-ruling unite it as in a common cause against an universall and evident danger , not to speak now of other matters judicating the same . and they intending in england a government at discretion , and all made in all probabilitie , or after the french fashion ; if the middle sort of people of england , and y comanry , of whom chiefly consist the trained bands , and wont to be a maine strength of our victorious armies , can by no subtilties be drawn to their party , then by policy , or even plain force to disarme them , suspecting as they have good cause that these , if once they be unhoodwinkt , will especially oppose the change as whereby they from being in the happiest condition of any of their rank perhaps in europe , nay in the world ( who here live like men , and are wont to fight , or die like men in honour or defence of their countrey ) might well be reduced to the termes of the peasants of france , of villenage , and slavery : a fit recompence for their danger and pains should they fight and labour to bring it in . as for the scum of the people they judge it either sencelesse , or carelesse of the publique , and desiring a change , or easily drawn , where there is hope of greater spoil , and pillage . we may place so much the more below this scum many of the greater sort , that stand for these malignants against the truth and right ( every day more and more p●●in●y convincing them ) and against their countrey by how much they owe to it more then the rascality doth , yet appear to be drawn with hope of spoil , and pillage in their degree and proportion as much or more then the rascality it self . but thought it be so with the state , is our religion in danger that way also ? why else are the papists so active , so busie ? is it onely that they may be slaves ? but in a politick way onely use may be made of them , and of their power , without any intent to symbolize with them in their religion , as sometimes hath been done in other countreys . be it so ( though it be not good to be prodigall and facile in our grants which our religion may pay for ) yet taking it this way , so great a service so seasonable at such a pinch ( when all good subjects , and judicious honest men fail them ) received from the papist , must draw on in way of gratefull acknowledgement , some favour at least some advantage , which cannot be but at as much danger , and disadvantage of the religion ( not to insist how hardly they will lay down their armes once taken up , and victorious , or the king be able to make good his faith , or word ) . and are not they the fittest and surest meanes to conserve a state , that have been thought and found such for the acquiring ? but be this as it may it is clear , that can the papist bring the matter to an absolute , and arbitrary government , and render the prerogative immense and even divine , they gaine a maine point on our religion , for then between them and the heaven of their desires , there were interposed but the turning of one will , and that one alreadie prepared , disposed and inclined to them by such meritorious supererogatory service , and further propitiated by the so strong intercessions ( how strong ( to speak like those we have to do with ) when used by her that may in somethings even command ) our soveraigne ladie mary . ( i had rather seem to some a little too much tyed to sence onely , and to the present times we yet live in , when i presumed to use that phrase : turn , or change of one will ; then with others , by the abstraction of a potent imagination , found worthy to have been rapt into the glorie of those times , in stead of change of will : to have used a phrase or sence seeming to such more orthodox , terming it rather an externall manifestation and declaration onely to us here below of that which was ever from the beginning predestinated internally since in gods no reall change nor shadow of change ) but the other way a whole parliament at least must be first turned , and that in diametrall opposition with the papist , and should forreign force come in by portsmouth , plymouth , or falmouth ( what if we adde ireland ? ) to induce tyranny , religion runs equall hazard with the state . and it may be , the kings forces running lately with so strong bias so eagerly at banbury , warwicke , coventry , &c. esteemed most opposite indeed to the papist , though perhaps not otherwise direct to the first , or maine mark for the present , of these malignants , may judicate and argue , without any sophistry , a present complication of the disease , and the duplicity of the designe , and danger : or if not a present essence of a double disease , yet a dangerous maladie now in being alreadie , but breaking out into a symptome more to be taken heed of then the very disease , and depending on it : but they object , our religion is on the other hand more indangered by brownisme , anabaptisme , &c. suppose this true , and that these should get strength , nay prevail with the parliament ( which it is charged to promote upon as likely , as strong , and even the same grounds , as it is to affect the change of the monarchy , yet as we said of we know not what new form of government , supposing ridiculously the parliament did introduce it , it were easily dissolvible ; so obscure brownisme or anabaptisme were much more easily mastered , and redressed , then most politick , potent , all over bearing papistry , likely to be backed with forreigne force , which i think none will say is to be feared from those other scarce known , weak , poore sects , whose obscurity , and paucity , hides rather and exempts from animadversion , and would the parliament attempt this ( though we might justly refuse to dispute with those that denie principles in this kingdoms policie , calling still in question the wisdom , justice and honour of parliaments ) could it ever effect it without the peoples concurring ? papistry so increased at home , so countenanced might ( if it doth not already with their good friends help in ireland , and elsewhere hope to force entrance ) . how foolish then is it for the people to fear that , which can never take effect , unlesse it self will have it so ? ( i fall unawares upon the same answer here used before touching the supposed change of the state , because the false grounds they would seem to go on here , and there seeming the same ) and if the whole kingdom or people will have it so there is no opposing . but hath not the parliament taken a voluntarie oath ( besides so many publique protestations , and other obligations to us , the scots , and the states of the low countreys ) for the maintenance of the protestant religion , which they are too wise , and just needlesly to have done , and so should they do otherwise to incurre most justly universall falling of , or rather falling on them , had they had any intent ever to have done , as these would seeme to fear , to direct us here also from looking at the true fear and danger , nay to draw us with our own hands to pull it on us ; we may superadde , that the voluntary oaths of such a multitude as the parliament on whom no suspition at all can fasten , of inclining to that religion , which takes upon it to dispence with oaths and equivocations , and thereby with the law of god , nature and nations ( which intended to advance it , will by gods justice advance the ruine of it ) are better security , then our malignants have or can give us on the other side , the antithesis in each part inquired into duely as the subject well deserves . but these men would here also take benefit of their own wrong , according to their usuall method ( it may appear what correspondence , or good intelligence the maine dangers of our religion and state still hold mutually , or how they resemble ) . necessity of the state , nay of the very preservation of it self ( whereof these objectors are manifestly the authors ) may justly and too evidently doth compell the parliament to the setling of religion , ( though the end of policy and however first in esteeme and intention , yet not so in the time of execution alwayes ) after the ordering of politick affairs ; and in such desperate times as these , not to do this , were but a sacrifice without salt , a foolish superstition ( like that of the jews , who would rather sit still , and so suffer themselves to be cut in pieces by the capitall enemies of their state and religion , ( contrary to david who in necessitie spared not the very shewbread ) who maliciously invaded them purposely at such a time ) then arme or fight upon such necessitie on their sabbath ; which they complain the parliament will not now do ; which should it now , one ruine might involve both church and state both at once : yet hath it not altogether , even such times notwithstanding , left it self without some testimony of their good intentions herein , as particular acts or orders of theirs do shew to the world ; but the attempts , and facts of the malignants , evident to all men apologize too well for the parliament in this point without any words from any man , if we weigh the desperate estate of publicke affaires well in these times , caused by the malice of these monsters ; which times forcing us for a while to content our selves with an implicite , or generall faith , as touching the ordering , reforming , or setling of other particulars concerning religion , which cannot for the said necessarie reasons and the like ▪ be yet effected ; yet we have , besides many other raducements obvious enough to confirm such implicite faith , this also that of such ordering and setling these matters , as is to be wished , there is farre greater hope , and presumption ( caeteris paribus ) from those divines , that preach and cry down the temporall greatnesse , pride , riches , avarice , &c. of the clergy , and so all their own hopes and pretensions that way , and consequently from the parliament , which we see countenanceth such men , then from the contrary side : that professing likewise in a speciall manner and degree , mortification , contempt and renouncing of the world , and of the glory , greatnesse , and pomp of it , humility and the like ( as minding heavenly matters , and things above ) as principles of the doctrine and religion they presse upon us , yet are not ashamed to appear to the world invested ( through various mysteries of iniquitie ) with so great a share of whatsoever the most worldly men ( whose highest contemplations ascend not to the moon ) compose their trinity of , as may enable these men thus crucified , and dead to the world by their own earthly power , greatnesse , authoritie ( not to insist on that kind which they have in our times , attempted to render , in some points , or cases at least , independent of the crown and absolute ; and which earthly greatnesse , rather then the parliament shall question , or regulate , they will question and condemne the parliament , and advance a civill warre , or forreigne invasion , to the evident danger of a generall ruine , and abomination of desolation of their countrey , nay church it self , which these hypocrites would seem to stand for ) as may enable them , i say , by their own temporall potency ( which in the hand of such men becomes more dreadfull , then any spirituall power they exercise ) sufficiently to keep in awfull silence , if not to bring into a kind of inquistion , such as most heretically shall not captivate and subdue their understanding and reason under so strong a faith , as to beleeve , that these chief ones ( who ought to be most eminent of all in practising the said principles of renouncing the world , humility , mortification , &c. which they recommend , command , and enjoyn , as leaders and captains for all that should follow them on so difficult services ) can yet practice and pursue , i say , so ardently , so desperately the clean contrary , so as if they would have others quit the world , onely that themselves might seise ●t ; and yet thus by their deeds drawing into suspition , doubt , imsprision with multitudes of men , nay , even consuting their doctrine , not be a maine cause of the miseries and calamities of the world , whilest deluges of sinne and wickednesse , and pernicious consequences breake in at this so great an overture of the faith , thus discountenanced , and discredited , and even called in question ; will not many incline rather to beleeve , that this practice , this doctrine , so destructive one to the other , is sowing their feilds with mingled seed , wearing a garment mingled with woollen and linnen , so for bidden in the mosaike law ? that such a ridiculous unsuitablenes between such profession & doctrine , such practise and deeds , is rather a mockery of the world . will they not like one cicero speaks of , wonder cur aruspex videns risum teneret ? though the mahumetan sect be grosse , and carnall , and the mahumetans themselves exceeding devout in their kinds , and superstitious , having their church-men in great reverence , diverse of them rich and prosuse otherwise in works they conceive any way pious and charitable , and though otherwise the nation very covetous , yet i thinke it will not be easie to shew that their chiefe church-men in generall , in any temporall greatnesse or riches , doe not much rather resemble the mendicant orders among the papists ( did they hold themselves to their rules ) then the papisticall or our prelates and chiefe clergy-men , who yet professe themselves leaders in so spirituall , so heavenly , and sublime , so world-renouncing a way , faith and doctrine . it is true the turkish muphty or chiefe priest , is by the grand turke , partly to please the people , in shew and shadow greatly honoured ; not perhaps without a competency in revenue , but i take it hereabouts their devotion of any note this way ends . as for any temporall greatnesse and riches the mesaicall clergie might have , wee are taught , these were rather grosse and sensible types , then any thing else , of the spirituall eminency , graces , endowments , and power , that ought to shine in the sublime and heavenly antitype ; whence their true authoritie with the people and reverence , and even veneration to their doctrine , places and persons must slow , conserved , encreased by ever constant and invincible rejections of the least not necessary temporall matter , if pressed on them , as an high dishonour , or affront offered to discredit them , a bribe to corrupt them in the execution of their embassage , a baite to entrap them and frustrate the service they are sent about , a temptation of pernicious consequence , nay , of what the state may adjudge and assigne the clergie as necessary ( if it might be ) a vo●●ntary and absolute declining of part even of that ( for i doubt not but the state would appoint such a proportion , as might to duely mortified and spirituall men , afford matter for the honour of such a refusall would undoubtedly adde such authoritie and reverent regard to them , and their doctrine , that men seeing they seek them not theirs , nor will admit more of the world , then what is meerely necessary for them , for the discharge of their places ; you shall discover a new world : men by such courses which will bring on doctrine proportionable , will be so moved that cutting off each in his proportion greatly , even their own superfluous vanities , much more their sins : what our spirituall men may so have refused , with infinite more by others thus cut off , may be distributed among the poore , ( besides the benefit of such examples and doctrine , extending even to these : ) and so universall charitie , reducing all to a blessed kinde , if not of paritie , yet of proportion , leaving the least in a tolerable mediocritie , a golden age or primitive times may rise againe in the world . but the way to this heaven is first to goe by the gates of hell , as through the parliament the kingdome is made at by the true malignants , so through or under colour of a pretended malignant partie , that seduceth or ruleth the parliament , the parliament or authoritie and dignitie thereof is attaqued , but sure this is propounded as an article of faith , and to weake reason past comprehension how it can well be : but how ever they are misbeleevers and hereticks that pertinaciously reject an article of faith , and with force to be proceeded against ; yet force being found oft none of the best wayes to extinguish heresie , but rather the canker spreaded and exasperated by rude handling , many have not and will not be deterred from advancing such as these , plaine or stronger oppositions , if any of this malignant partie propound any thing ( as in all great assemblies some must breake the matter and begin ) and the house consent to the proposition ; it is now the act of the whole house : if any propound or speake things that seeme to others offensive , or to deserve animadversion , and yet the house , or major part punish it not , they by such connivence ( for these men may be allowed to question still principles , that the parliament would doe dishonorably , and yet come short of their malicious intents ) make it also this way their owne ; and so not these censors , or any els but the parliament , as above appeared , is to judge of the parliament ; but such censors themselves are to be condemned by the parliament , for thus presuming or assuming to themselves the supreame power to judge ; besides particular charges and articles against such were to be offered to the house , the accusers and witnesses to be produced and forth-comming , that if they make not good their charges , the parties unjustly molested and accused , might have condigne reparations upon them ; and the house it selfe satisfaction , the publique service thus causelesly interrupted , and the integritie of the house called in question , and the like , appertaining to cases of this nature . such charges have been promised long since should suddenly appeare against the accused members of the parliament , and by them as justice earnestly required , but appeare not all this while , not so much as to the people abroad , ( though this were not the right way ) which they so strive to incense against the parliament , but rather warre in stead of them ; and seeing so many of the very members of the houses of parliament are their enemies , falling off from them unjustly ( if none such still remaine among them ) were things appearing unjustifiable there said or done ( if it might stand with the libertie and power of parliament not to have libertie of speech ) it might easily be made appeare in particular to the world , and so complaint be made to the parliament thereof , if it were to any end to complaine there of that , which hath already passed without punishment . but seeing the parliament hath power ( the case standing as before hath been shewed ) to doe in all things as they see cause ; by good consequence their speeches necessarily preparing , discussing , agitating , concluding what is so to be done , cannot be subject to any limitting , questioning , or accompt abroad , nor in reason therefore are to be divulged in that sence ; this being incompatible with such power . but then these haters of our law-makers and lawes , say ; many of both houses are away , and so the acts lesse valid ; but be the number remaining little , yet the acts of the major part of that number are still good . for neither the king that called them away , or countenanceth them that desert their stations , may ailedge this ; nor the members that voluntarily ( not upon trust in those that remaine , or leave obteined ) abandon their places there and duties , are to take the benefit , either of their owne wrong , whether negligence in such members , or worse perhaps , nor of their owne unworthinesse , as cowardise , to oppose what they liked not : which feare ( admitting such could be ) argues still that they that feared were the lesser number ; though what needed they feare to speake freely , a dissenting lesser number being ordinary , and sometimes a very few , perhaps scarce enough to make a number , dissenting openly from the rest of the whole house without any inconvenience ? it being allowed for any to speake their minds whilst a matter is in agitation before it be settled . if they say , they goe away that they may not seeme to allow what would passe though they were present : then the major part concurres to what is done by their owne confession , els why stay they not to oppose it ? if they say , so many are gone without leave of the houses , as put together would make the major part , supposing this were true , either such a major part went away at once in a body , and then it was their fault not to stay ; for then they being the major part had prevailed ; or they went by little and little , and then still it was a major part of the remainder that concurred to what was done , els it had not passed : and so the acts still good : if they fly to say that they who thus deserted the house out of feare , did it not as fearing the parliament , but the people ; granting these men this , which is not their due , that such had cause to feare the people , and that such base feare , when as they pretend , they were to stand for the king , countrey , lawes , liberties , religion , and did not render them utterly unworthy their places : it may be answered briefly ; they that remained and carried matters , might feare the king as much or more : but their cause was noble and good ; but these or the like cavils will no more hoodwinke the people : their onely course were to produce some publique act of parliament , that might certifie the world , that the king and both houses have long since unanimously concurred to dissolve this parliament ; else sophistry will not carry it against the manifest truth . by the premisses or rather by diverse excellent tractates published by others to the same , or the like effect , i hope it is even as cleare that the parliament is and ought to be the supreame judge in publique matters now in question in england , as what it is , it hath judged and ordered touching these things , by so many publique orders , declarations , and the like ; and consequently that reason wills that they be sacred in our esteeme , and punctually obeyed and executed , and so no need of warre : and whosoever goeth against reason and truth , goeth against god himselfe , who is prima , summa , pura ratio , and it will concerne him nearely to looke to it , whether he be stronger then god : goeth against himselfe if he be a man , and shall first finde a civill warre in himselfe , before he can cause it in his countrey upon such grounds , and for his majestie he cannot as he is a king , but judge that , that man thinks dishonourably of him , who goeth about to perswade him , that , that can be for his good that is not for the good of his kingdome , and so sever what is so excellently joyned ; or that the great counsell of the kingdome is not the onely , at least the very best , and the onely sure and securing way without all doubt , for that prince to follow that intends the publique good : and which will ever assuredly concurre with him to that end : nor in opposing an arbitrary power , which ill men about him for their owne private and wicked ends , would induce : doth the parliament any thing but disenable a prince , or rather those about him from doing ill , or more properly from usurping such power ; which to what end is it in a good prince , which he will or can never reduce to act or use : but the false or pretended mother of the childe , who would have it divided , ( whom the wisdome of the king may discerne ) will whisper , there is no thankes or glory to doe good , unlesse he might have done evill , and so did good freely ; since free will onely merits ( i beleeve they hold merits ) it seemes these malignants fetched not this doctrine from heaven ; for there we may finde that confirmation in grace in the angels and blessed spirits of just men , whereby compleat free will , or the remaines of it ( which free will argues but imperfection and mutabilitie ; power to sinne being but impotency , and the king of kings , god himselfe , who is perfection it selfe , being above and without all power or possibilitie of doing any evill , yet , ( rather therefore i should say ) omnipotent in or for good ) that confirmation in grace , i say , by which free will is transfigured and sublimed into a state divine ; and posse non peccare , into non posse peccare , is a transcendent blessing , if not the very essence of celestiall beatitude ; where these suggest , such a condition is to be declined , though with ruine of all : but howsoever the divines of our times may not allow the explication or application of this point , we may hope his majestie out of his princely care of the good of his people , though both himselfe and it may beleeve well of his good intents to that purpose , will be far from judging such a puntiglio of arbitrary power ( for however it may fill and tickle the phantasie , yet deeply and duely penetrated into by judgement , it appeares to resolve even into no more ( if a puntiglio be any thing ) or least it might possibly be thought , he would , or might have done evill , had he not been restreined from it ( when he cannot violate such just restrictions , without first doing the greatest evill of all to the publique ) from judging , i say , such a puntiglio a just and sufficient cause to destroy the people by a civill warre ; when were this power indeed justly belonging to him , yet true love to his people might judge it no other way usefull , then to have the glory and thanks of relinquishing it voluntarily , least otherwise the peoples good and safetie for a puntiglios sake , or satisfying a phantasie , or an humour of one man , should depend on the turne or change of one mans will , whensoever it may happen , and more then this , great and noble minded men , though no christians , have more then once done , when having in their hands absolute power over their countrey ( not unjustly gotten ) they have freely and of their owne accord given it up absolutely , judging it so best for their countreys good , leaving it even in full libertie , and so living themselves in , or rather under it , but much higher in true glory and honour then ever . but though such power is not here in his majestie , he is yet not without meanes in his hands , and a faire opportunitie to lay a tye not altogether unlike on his people , and to exhibit freely great and publique munificence all at once , by a faire and voluntary relinquishing all contestation about it , whilest yet a malignant faction , preferring their passions before reason , and conscience , before his honour and safetie , instigate and assist him as much as they can , or rather would make him their instrument to compasse it by an unnaturall pernicious civill warre , on whom the blame may justly be laid , as they alone would have gone away with the benefit . by these and the like passages had beene , and even yet ( so it be betimes taken ) may be the way to the true arbitrary power indeed ; the peoples hearts ( where god begins with man , as at the right end ; this is the divine method ) which draw all the rest sweetly , which the pretended false bastard arbitrary power , could never by unjust violence effect : and thus by fairely quitting the pursuite of the false , the true may be gained : a magnanimous prince , that confides in his owne vertue , will put himselfe boldly and securely on the free wills of his subjects . it is in manner a divine charecter ; scire , & velle liberis hominibus imperare ; to know how to temper and governe free men , gentlemen , princes ; and in such a condition god made man , to serve his glory best : and is it not a more glorious thing when a prince shall by his great , proportionate , and heroike vertues , render them at his devotion , and make them his voluntary slaves , being otherwise free and noble , then if he found them made slaves by the practise and vices of others , or so made them such himselfe . thus a free people is a strong motive and occasion to a prince to ●ender them wholly his by extraordinary vertue ; the fall of this emulous carthage would shake rome , though in opposition with it and therefore the noblest of the romans best and most wisely loving rome , for romes good advised carthage should stand . but reason evinceth , that persisting as he doth , he remaines sequestered from all just power and authoritie , as touching the matters in question between him and his parliament , on the justice and wisdome whereof he may safely put himselfe , secure , that they will not , nor can devest him of any thing , that justly belongs to him : onely reason and right require , that it be left to the parliament to be the judge thereof , without which power , the people and kingdome cannot be safe , as stands deduced . monarchy thus tempered by libertie and prerogative , as it is remote from intrinsicke causes of dissolution , so from externall . if a prince governing at discretion invade it , the partie in the goodly arbitrary government excluded by the distemper of such a state from the benefits of libertie ( the partie , i say , for be a prince never so absolute , yet his mamaluks , his militia , by whose conspiracy or tyranny he awes and enslaves the rest , not onely equall for the most part in point of libertie , the subjects of a free state , but exceeding them far in all licentiousnes and tyrannizing , and enslaving upon the matter the prince himselfe , as well as others , justly lay on his owne shoulders by gods judgement , that which he makes or useth these as instruments to lay unjustly on the necks of his other . subjects , whom he ought to have protected : instances are frequent of the pretorian cohorts or legions tyranny on the roman emperours , of the janisaries on the great turke , of the mamaluks on the aegyptian soldans ) and reason shews this danger is most to be feared , where a prince hath assumed the peoples libertie by publique oppression ) i say , if the absolute monarch invade the justly tempered , the oppressed partie is not to be trusted , but to be kept under by part of those he will trust , ( he can trust none safely ) as certaine enemies at home ; so the power which he must trust , doubly lessened : the partie used goeth faintly on the free nation , for at best by bringing their free neighbours ( whence was the chiefe hope of assistance for the recovering their owne libertie ) into servitude , they should but confirme and render remediles their owne slavery , encreasing the strength of the oppressor , and likewise on the same reason resist lesse , if invaded : onely if the prince will make accompt , or can be content , or cannot avoid to be himselfe an equall , a companion with his mamaluks ( facinus , quos in quinat , aequat ) or rather to be tyrannized by them , and his honour , authoritie , name , person , to be made their instrument against his people , he may translate the said faintnes from them on himselfe ; though when all is done , they are unsafely trusted who have before broken the great tye , that to their countrey ; else he must fly to forreigne helpe . but on the other side , the free subjects duely interessed in the state , loving it , living like men , defend , invade the other , nobly , couragiously , as in heart , and men of honour , and as oft for the good of the conquered ; with greater power , as universally to be trusted . not to insist on riches , the nerves of warre , infinitly increased by industry , so encouraged by industry , lost by servitude , but what needs more , or indeed so much , if any thing in a matter so apparent ? wee now have beene rapt sufficiently into the goodly imaginary heaven , and the glory of it , but with an hell of inextricable miseries to the prince and people , which these gods of the infinite prerogative pretended , are raising for themselves , through a government at will , but by such meanes and in such manner , as shews they beleeve , or hope for no other heaven hereafter . these things being thus , it must follow , that those that oppose the parliament , and in it the kingdom , in whom is the supreame power , as reason hath evinced since contestation hapning as now between king and people , the people must carry it , oppose their countrey , reason , right , and the truth , moved by defect of judgement , or worse principles ; converting themselves and their power received from their countrey to enable them to serve and defend it , to the ruine of it , and of all that is precious to men of honour , and consequently that they are guiltie of their owne bloud , and of all the bloud and miseries which this unnaturall monstrous warre may cause ( a means suitable indeed to the end they force themselves to compasse : ) nor can unpartiall posteritie judge of them otherwise , then as parricidae patriae , and damnatae memoriae , if all this be not of force with them to descend deeply into themselves , and to weigh whether they be in state fit for death every moment , at least they may deigne this last motive the honour of a deep and sad thought , or two , whether thus obstinately persisting , they contract not before god another way a guilt to contribute or be accessary to the endangering or perdition of their owne , and innumerable soules in another kinde , and more directly , and highly , there being aliquid sacri in hoc morbo , and religion sharing the hazard , as abovesaid : but if the premisses have not power to inferre thus much with them , yet i hope at least they are not so irrationall , so extravagant , as that these men can truely beleeve , that they are onely to be confuted , and those that maintaine such tenents to be instructed by a civill warre : but if folly and defect of that reason that should governe men , or a violent forcing , tyrannizing , and enslaving their reason and conscience by enormous and monstrous passions , and sinnes , the two originall causes of slavery , be by no art to be severed from these men , but they must and will by still persisting apply these two said generall causes of servitude , particularly and expresly , or in a speciall manner now to draw it upon them , it is not unlikely most of them , and their posteritie and friends may finde , and prove the effect as inseperable from the causes thus redoubled and enforced , as the causes from themselves , should they be so unhappy as to carry what they by such meanes so pursue : and however some dequoy indulgence may be used towards them , to draw others , till all be in the power of the principall malignants ( the like we may say of their cunning enforcing themselves not yet to declare all the depth of their malicious intentions towards those they disarme , or any way get within their power , using them as staiking horses , till by seeming for the present to leave these in a tolerable condition , they may make others stand out lesse resolutely or warily , and so drawing still to them , make all sure at last , and at their discretion ( though even whilest matters are yet dubious , the infernall are of malice , hate , crueltie , jealousie , and the like , which is in their hearts , sometimes cannot but flash out in divers enormous words , or acts ) such present indulgence , i say , notwithstanding of the malignant partie , let not these men thinke that it having all once at its dispose , and made sure , will judge it may securely repose on such of the nation , as have violated wittingly & willingly the greatest tye on earth , by being traytors to their countrey , or on those that loving their countrey , have been violently or fraudulently disarmed , or on them that not intending the disservice of their countrey , but seduced by specious pretences , have voluntarily assisted the malignant partie , when time and plaine experience shall have disabused these two sorts , and afford meanes of redeeming their countrey and themselves , will not the malignants rather have recourse to forreigne protection , or forces ( an usuall refuge of an arbitrary , or tyrannicall government , especially succeeding and having usurped libertie of the subject , as abovesaid ) under colour of being guards , garrisons , auxiliary forces , joyned in league , or the like ; as france useth the switzers , ( the french nation forsooth not populous or warlike enough ; ) it is true , the spaniard , though not governing at discretion as the french useth the switzers also , but not upon jealousie and diffidence of their own people ( for ought i find ) as france doth , but for want of men or some other reason of state , and may not many strangers already here also be imployed ; then may these zelots of the malignants share largely in contributing to the wages of their forreigne masters , and be put to maintain their own servitude ( as they stood to bring it in ) with all their power . but god be praised , these men unlesse they speedily come in and make their peace , are on the point rather of falling under the sword of justice in the hand of the parliament : and it is not to be doubted , but god himself whom they have by sundrie passages too notorious ( if we may so speak ) made a party against themselves , these atheists belike thinking he is grown old , and impotent , and cannot drown these egyptians in a red sea of their own blood , if they with diabolicall obstinacie go on as lucian that old atheist said of the pagan gods in his time , because they begot no more sons and daughters , will resist , and defend himself , and his ( were humane meanes wanting ) against these publique oppressors of the people in intention and endeavour , which they ought to expose their lives to defend , and protect . and for those that stand alreadie for that palladium of their religion and countrey , the parliament , as they are herein duely sensible of themselves and honour , so out of the same feeling , they cannot but so lively ardently and speedily concurre with all their power ( if need require ) when all their fortunes , and all that is dear to such men lie at stake ( and which now nobly and bravely asserted and vindicated , may for ever be secured , and the roots of dangers pluckt up ) that the scots assistance be not the second time needed ( though in all presumption readie ) it being the common cause ) to our exceeding charge , nay dishonour , as if others were more apprehensive of our honour then our selves , and we needed others to protect or defend our liberty , or take and manage our quarrels . and now howsoever we may not share in the putting a period to the disorders of the state , yet let us think of doing it to this disordered discourse , wherein though there may not appeare manifestly one continued beaten tracke of coherent passages , to bring you readily to the truth : yet i hope you have incountred a few points here , and there , not indirect , nor impertinent thereto ; like posts of direction for travellers , at each miles end , in some of our english deserts , to give you ayme that you may hold the right way : or rather like race posts quickly to be run over , lest it might seem to pretend it self worthy to hold you long . and you may the rather passe by the imperfections in regard whilest it was endeavoured to have ordered and compleated it , and to make all yet clearer , the antiparliamentary partie hath so in the interim , unmasked it self in sight of the world , and given such attestation in plain matter of fact ( a stronger testimony then ●u● of the mouth of the adversarie ) to the prospective and next to prophetick prudence and judgement of the parliament , so long since having penetrated and shined on the secret corners of their designes , and deeds of darknesse , and exposed them to view that there is little need of any further light , and the defect is rather ●●w in those who shut their eyes , that they may not see it . we see already our laws manifestly conculcated by force and violence , our liberties , properties , lives exposed to the furie and malice of these desperate malignants ( for which violence they cannot plead their present necessitie , if being grounded and depending on their oppugning the parliament unjust in it self as hath been shewed ) : the danger of our religion and consequently of the religion abroad , from those , that having none , would bring in such , as may best suite with their pernicious purposes , and from the rest of old in direct opposition with it , on all which they are carried with such desperate ardour and violent fury , as their utmost and last attempt , that having first in a due method indeed used all machinations to vilifie and difanull the authoritie and very essence of the parliament , the onely rampart of englands happinesse , and traverse to their designes , though god and good men have herein repulst them , yet they cannot temper themselves , from breaking out into such effects as all the world sees , nor brook any delay from seising what part they can meet with of the designed prey , till they may with lesse danger of reprisall do it ; but it is high time now to leave words and writing : therefore let us endeavour to conclude this tractate , almost as indigested and troubled as the times ( like that offer of that poore countrey man , that when the great king artaxerxes passed by , having nothing else to present him , before whom none must appear emptie handed , ran to a little troubled water , and thence offered the king what his hand onely could contain ; but the troubled present coming from a clear and good intention , and native heartie ingenuitie , met with a serene , magnanimous , and regal acceptance ) but let us conclude with a point of judgement not altogether so weak as hitherto may have appeared ; for i would end at least well and leave you with a good rellish ( though i appear to begin this point also but ill ) which is , that having above received it as a sacred truth and ground , that no reason shall ever shake , that the wisdom , and justice of a parliament freely , duely , and lawfully elected is no way to be called in question or doubt , but to be assuredly beleeved and confided in , securely reposed upon and held sacred and inviolable by all that heartily love englands happinesse : i will take heed at last to be found not fast and true to my grounds , and ends , by presuming ( as some particular private men have done in their we●l otherwise understood discourses ) to offer up any advice ( were i otherwise able ) or counsell to the wisdom , or exhortation or perswasion to the justice of it ; and thus my best is but a negative , a privative , or a nothing : but onely yet upon the whole , inferring or enforcing justly by the power of truth ; that it is the part of all honest men , men of honour that love their countrey to obey the parliament ( taken in that notion our case presents ) punctually , to serve it faithfully , and zealously ; to love it with that kind of love , which is morte fortior , to vindicate , assert , maintain , propugne , clear the authority and safetie of it , as a true collection of all that is or can be most deare , precious , and sacred to , and with such men , to joyn unanimously in the clearing england once again of wolves , these man-wolves , if reducible by no reason , and not to loose their share of contributing to such a work ; above all ardently to solicite and presse the divine majestie to inspire , protect , blesse , this congregation of princes , this multitudinem consiliariorum in quibus est salus , and in it our countrey and all . i conclude this discourse , wherein i have spoken my heart , which nothing , but a lively and deare apprehension of the imminent and extreame danger of my countrey , forced from so unfit a man ; raising so violent but naturall and just a passion , as brake the strings of a tongue ever before tyed ( and perhaps ever fit to have been so you may say ) , like that sonne of croesus who before , or born dumbe , yet seeing his father in the very point of being slain , so naturall a passion supplying the place and power of nature , or rather stronger then it , forcing and clearing all impediments turning dumbnesse it self into a strong vociferation ; he cried out aloud : oh man kill not croesus , and so notifying him saved him . i need not fear you think so well of me , as that you would not remember that a similitude doth not hold throughout , and to the last , should i not put you in mind solemnly it doth not . finis . by the protector. a proclamation signifying his highness pleasure, that all men being in office of government, at the decease of his most dear father, oliver late lord protector, shall so continue till his highness further direction. england and wales. lord protector ( - : r. cromwell) this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing c thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) by the protector. a proclamation signifying his highness pleasure, that all men being in office of government, at the decease of his most dear father, oliver late lord protector, shall so continue till his highness further direction. england and wales. lord protector ( - : r. cromwell) cromwell, richard, - . sheet ([ ] p.) printed by henry hills and john field, printers to his highness the lord protector, london : . dated at end: given at white-hall this fourth of september, in the year of our lord god, one thousand six hundred fifty and eight. annotation on thomason copy: "sept. ". reproduction of the original in the british library. eng great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no by the protector. a proclamation signifying his highness pleasure, that all men being in office of government, at the decease of his most de england and wales. lord protector c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion pax qvaeritvr bello olivarivs dei ◆ gra ◆ reipvb ◆ angliae ◆ scotiae ◆ et hiberniae , &c protector ◆ blazon or coat of arms by the protector . a proclamation signifying his highness pleasure , that all men being in office of government , at the decease of his most dear father , oliver late lord protector , shall so continue till his highness further direction . whereas it hath pleased the most wise god in his providence to take out of this world the most serene and renowned oliver late lord protector of this commonwealth , the most dear and beloved father of his highness richard now lord protector , by whose decease the authority and power of the most part of the offices and places of iurisdiction and government within these nations did cease and fail , the soveraign person failing from whom the same was derived : and thereupon through doubtfulness or want of authority in such persons as were invested in the said offices and places , the setled and ordinary course of iustice , and of the affairs of state ( if remedy be not provided ) might receive disturbance and prejudice by discontinuance and interruption ; his highness the lord protector in his princely wisdom and care of the state ( reserving to his own iudgement hereafter , the reformation and redress of any abuses in mis-government , upon due knowledge and examination thereof ) is pleased , and hath so expresly signified by and with the advice of the council , that all persons that at the time of the decease of his late highness his dearly beloved father were duely and lawfully possessed of , or invested in any office or place of authority or government either civil or martial w●thin these nations or any other the dominions or territories thereunto belonging , and namely , all iudges , iustices , sheriffs , iustices of peace , and all others in place of government , either meaner or superior as aforesaid ; and all other officers and ministers whose interests and estates in their offices are determined or ceased by the means aforementioned , shall be , and shall hold themselves continued in the said places and offices as formerly they held and enjoyed the same , until his highness pleasure be further known . and that in the mean while , for the preservation of the peace and necessary proceedings in matters of iustice , and for the safety and service of the state , all the said persons of whatsoever degree or condition , every one severally according to his place , office or charge , do proceed in the performance and execution of all duties thereunto belonging as formerly appertained unto them and every of them while his late highness was living . and further his highness doth hereby will and command all and singular the good people of this commonwealth , of what estate , dignity or degree they or any of them be , to be aiding , helping , assisting , and at the commandment of the said officers and ministers , in the performance and execution of the said offices and places , as they and every of them tender his highness pleasure , and will answer for the contrary at their utmost perils . and further his highness will and pleasure and express commandment is , that all orders and directions made or given by the lords of the privy council in the life-time of his late highness , shall be obeyed and performed by all and every person and persons , and all and every thing and things to be done thereupon , shall proceed as fully and amply , as the same should have been obeyed or done in the life of the late lord protector , his highnesses most dear and entirely beloved father . given at white-hall this fourth of september , in the year of our lord god , one thousand six hundred fifty and eight . london : printed by henry hills and john field , printers to his highness the lord protector , . the vindication of slingsby bethel esq., one of the sheriffs of london and middlesex against the several slanders cast upon him upon the occasion of his being proposed for one of the burgesses to serve in the late parliament : for the burrough of southwark. bethel, slingsby, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing b estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : or : ) the vindication of slingsby bethel esq., one of the sheriffs of london and middlesex against the several slanders cast upon him upon the occasion of his being proposed for one of the burgesses to serve in the late parliament : for the burrough of southwark. bethel, slingsby, - . [ ], p. printed for francis smith ..., london : . attributed to slingsby bethel. cf. blc. reproduction of originals in huntington library. entry for v cancelled in wing ( nd ed.). created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng bethel, slingsby, - . great britain -- politics and government -- - -- sources. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - ali jakobson sampled and proofread - ali jakobson text and markup reviewed and edited - pfs batch review (qc) and xml conversion the vindication of slingsby bethel esq one of the sheriffs of london and middlesex : against the several slanders cast upon him upon the occasion of his being proposed , for one of the burgesses to serve in the late parliament . for the burrough of southwark . london , printed for francis smith at the elephant and castle in cornhil , the vindication of slingsby bethel esquire . one of the sheriffs of london and middlesex : against the several scandals cast upon him , &c. so long as i kept my private station ( in which i have spent a great part of my life : ) i thank god i can say , that though my dealings in the world have been considerable , i have had my conversation so , as not to meet with , or deserve ( as i reasonably hope ) any reproach from man. but no sooner was i ( contrary to my inclinations and humour ) called forth by my fellow-citizens , to a publick employment , than the envy and malice of ill-minded men was awakned , so , as that ( to use the prophets words ) they bent their tongues like their bow , for lies against me . this i found in a great measure upon my election to the place i now bear in this city ; but when i was nominated at the late election , for one of the burgesses for southwark , this malevolent spirit ( being grown outragious ) mustered up all its force , and poured forthwith upon me whole volleys of as spiteful calumnies as wit , sharpened by the keenest malice , could invent . notwithstanding all which , i considered , that this was not my case alone , but a common accident attending persons standing in competition for places of so great honour and trust ; and especially , where the election is to be determined by the suffrages of a great body of people , divided by their several parties and interests ; amongst whom will be still found some ill men , who preferring their private interests before the publick service , will not baulk the foulest practices , for the obtaining of their own ends ; and therefore i was at the first resolved to sit down quietly under the satisfaction and assurance of mine own innocency , rather than to foul my fingers by raking into that filthy dunghil of reproaches cast up against me , without the least colour of truth or reason . but being told by divers of my fellow-citizens that i ought to do something as well to vindicate the honour of the place i now bear amongst them , as to justifie their choice of me to that office : and also , that those of the neighbouring burrough , may not be thought to have been mistaken , and deceived in the person whom ( since that time ) they preferred to a place of so great trust : i thought fit to do them and my self so much right , as to publish that which here follows , for the detecting of the malitious falshood of those impudent slanders , which have been set on foo● on purpose to disable me from holding any place of so great trust . first , then it was objected , that i am a papist and a jesuit and ( to give that lye the better credit , ) that upon some variance happening between me and dr. oates , he did declare that he knew me beyond the seas to be such . this indeed would have been a sufficient barr , to my admission to any place of publick trust , and much more to my sitting in the parliament , who have shewed so great a zeal to the protestant religion , and would have forfeited my head also , had the same been true . but ( not to mention here the tests that i have lately taken to the contrary , ) as those that have known my constant conversation , or what i have writ and published , will not believe that i have any kindness for that religion , so the doctor is ready to declare to any one that desires information in that point , that he was never the author of any such report ; nor could he know me beyond sea , under any character whatsoever ; for i do affirm , that i was never out of england since one thousand six hundred seventy two , and i doubt not but the doctor will satisfie any , that shall ask the question , that he never went beyond the seas till the year one thousand six hundred seventy seven . nevertheless , the doctor not being in town , to contradict this story at the time of the poll in southwark , it was well enough designed to serve that turn . secondly , it was said , that i was a souldier in the parliament army in the time of the late wars , and was most cruel and vnmerciful in the exercise of arms. this , as it seems inconsistent with the former character , so hath it in it self as little of truth ; but among a divided multitude , in a jealous age , when the generality of men are more prone to believe any thing of ill that they hear , than to be at the trouble to examine the truth of what is said , it matters not whether reports be true or probable , so as they be delivered with sufficient confidence , and the more variety there is in those stories ( however inconsistant they may be ) the better are they fitted to the various and different humours and interests of man-kind : and the bold and industrious calumniator by this method of proceeding , doth often prevail so far upon some of all parties , as to bring the person he hath a mind to oppose , under their dislike ; and although ( the matter of this election remaining under question , ) i shall not say , that this project had its full effect in my case ; yet to demonstrate , that the last mentioned objection was a meer fiction ; designed onely to serve this occasion , and could not be justly reflected on me : i do affirm , and several hambrough merchants now living may remember , and the registries of their courts will plainly shew , that i went to hambrough in the year one thousand six hundred thirty seven , and lived there in continual imployment , until december , one thousand six hundred forty nine ; so as i could have no hand in the war , or change of government which happened in england within that time : and though after my return into england , i did with others submit to the government i found there , yet did i never imbrace any other then civil offices ; in which , i hope i may say without arrogancie , i demeaned my self with that integrity , indifferencie , and moderation , that i may justly challenge the greatest of my enemies , to instance in , or to name any one act of severity , injustice , or partiality , that i ever shewed towards any party or person whatsoever . thirdly , that being at hambrough at such time as the late kings death was resolved of in england , i did there say , that rather than he should want an executioner , i would come thence to perform the office. although i do resent this most odious , and malicious slander , with the highest indignation imaginable , yet having brought my action at law , for vindication of my self in this point , i shall not in this place , discourse any thing of that subject , lest i should seem to anticipate publick justice , or in any sort gratifie my adversaries , by letting them know , what i have to give in evidence , to prove the wilful malice of those that cast this reproach upon me ; or what i have to offer in aggravation of this scandal : nevertheless , i shall take that liberty here , to say i was born a gentleman , and have had my education accordingly , and am of too great a spirit to stoop to an office of so base a nature to serve the greatest prince or state in the world. fourthly , that i was 〈◊〉 only one of the late kings judges , but one of those two persons in vizards , that assisted on the scaffold at his death . this i may call a home thrust , a blow levelled , not at my honour and reputation only , but ( since the persons so characterized are excepted out of the act of general pardon and oblivion , ) at my life and fortune also , and ought more deservedly to be vindicated by some solemn course of law , then the forementioned scandal : but the promoters of this loud cry , being lost in a croud of people , i cannot give my self , or others , that publick satisfaction that the merits of the cause requires , and therefore i am necessitated to give my self and the world , the best satisfaction in this point that i can . and since malice is so bold and daring , i do bless that good providence of god , that set me in such circumstances at that time , when such matter is charged to be done ; that although i am of the negative part , i am able to convince the author of that report , to the satisfaction of all mankind , of a most foul and malicious slander ; and it is shortly thus , except i could be at hambrough in germany , and at westminster in england , at one and the same time , ( which all will agree is wholly impossible ) the odious matter charged upon me in this article cannot be true ; and to prove that i was at hambrough at the same time that the matters charged in this article were transacted at westminster , i vouch the same evidence , which i have cited in my defence upon the second article . and as the malice of this design against my honour , will plainly appear by what is already said , so that these several slanders were broached and sent abroad on set purpose to way-lay me in my election for one of the burgesses for southwark will yet further appear by that scandalous libel that goes abroad under the name of how and rich , wherein the author ( pretending ) to give an impartial account of that election , after he had given a worthy character of the rest of the competitors suming up all the forementioned reports which are sounded forth at large against me in a few softer words , is pleased by an elegant irony to characterize me as a person sufficiently eminent for the figure i made in the late revolutions . and that this character may find the better credit with the world , and that i may be thought still a man of the same spirit , the libellers adds , that at the election , i threatned to pull one of the kings water-mens coats over his ears ; and that he thereupon replyed to me , aye sir , so perhaps you would my masters too , if it were in your power . all which is most notoriously false , and without any colour or ground of truth . fifthly , the next exception they take to my nomination to serve as a burgess in the present parliament is , that being one of the present sheriffs for the renowned city of london , i live in a garret , and keep no house . were this admitted to be wholly true , yet will it not be allowed ( as i conceive , ) for a good exception in the case of a burgess to serve in parliament , if i be otherwise qualified for so great a trust ; it being a maxime , that those that are most saving of their own estates , will be most careful of the peoples : but since it doth cast some reflection on me in the office i now bear , i confess it will require a further answer . i say then , that ( though this be not altogether true , yet ) having less of malice then the former , i can the better bear it . in the former matters charged , my adversaries run upon me as if they designed nothing less then to tear me in pie●●● ; by this , they seem desirous only to pull me down , and degrade me : by those they gave me the character of a very bad subject ; by this , they would have me thought no good citizen . and as i have disclaimed those , with that just abhorrencie , that the merits of the case required ; so i doubt not , but upon a due consideration of so much of the aforesaid exception as shall be found true , as also , of that which follows , they will admit of so fair an apology , as will not leave me under the guilt of any misdemeanour . but before i enter upon the examination and answer of particulars , i shall here enter my protest , that i have a true and real veneration and esteem for that renowned city , and have been ready to express the same upon all occasions , both at home and abroad ; even before i had the honour to be called to the office i now bear amongst them . that i am always ready to pay that due observance and respect to the government thereof that the laws ordained for that purpose do require . that though for many years last past i have not had any private interest and concern by way of trade , not expect hereafter any benefit or advantage thereby , yet i have as hearty good wishes for the trade , welfare , and prosperity of the said city , as any citizen whatsoever . and as i have been always ready and willing in my place and station to promote those good ends , so i brought the same resolutions with me into that office which i now bear , and shall endeavour to discharge with all integrity , governing myself therein ( so far as i am able ) by the laws of the city , and of the land , ( to both which , i acknowledge my self to be a servant ) as my best warrant , as well as safest guides . and if in any thing i shall chance to fail , or fall short of this , it shall not be through any willful miscarriage or neglect , but from mistake , which may easily happen to one of my education in the manage of an office of that importance . and now to return to that which is objected to my disparagement , it is said , that i live in a garret , and keep no house : and this they aggravate by suggesting that for this reason i have been denyed several priviledges granted to other sheriffs , not having done the city that honour , in this respect , as others in my place have done . ill will , as it never speaks well , so it seldom speaks true ; as it makes the worst construction of all actions , so it commonly mis-reports all persons against whom it hath any pique or prejudice ; this seems to be my case , and how i come to fall under these circumstances will best appear by that which follows . the truth is , being a single person ( as i have been for many years ) and having neither the concerns of a family nor of trade lying upon me , that i might have a setled and known being for such time of the year as i commonly spend in town , without the trouble and inconveniency which commonly attends the shifting of lodgings : i took the house i now live in , ( not the garrets but ) all save the garrets , cellars , and one small room upon the first floor , with accommodations sufficient for a gentleman of better quality than my self ; and this i have kept for ten years last past , as my landlord and many other persons , if need be , will testifie . being chosen into this office ( not having then any knowledge of those sumptuary laws which our wise and prudent ancestors had enacted for the limiting and bounding the extravagancies of entertainments as well as other exorbitances ) submitting to that grand imposer , custome , i kept those feasts which the sheriffs have commonly made in the beginning of their year ( which i find were two feasts ( of great charge ) more than those laws will warrant ) and i have not heard , that any one man hath complained , that i was over sparing in my provisions and expences upon those occasions . and being misguided by the same error ( having agreed for a house for that purpose ) i resolved ( as some others in my office had done before me ) to settle my tables so as to begin house-keeping at christmas , which was as soon as i could well settle my own private affairs , and under-officers ; so as the weighty concern of my office might not suffer , and that i might be at leisure to give my self to the daily attendance upon the honourable imployment of an host . but it fell out ( most unluckily for this purpose ) that the alderman of the ward wherein i live , dying , and that ward ( as big as five or six of some other wards , ) having ( it seems ) a better opinion of me , then those that have made this out-cry against me , thought fit by general consent to choose me for one of the two persons who were to be offered to the court of aldermen as candidates for that office ; and the competition for the second place being between sir richard how , and mr. pilkinton , and the latter carrying it upon the poll , and we two being accordingly presented to the court of aldermen , they thought fit , ( contrary to their own 〈◊〉 and customs in that case ) to wave me in the choice , and to take mr. pilkinton ( a then commoner ) to supply that place amongst them , and this i take to be principally meant by the priviledges which the exception chargeth to be forfeited by my not keeping house . this accident so falling out , and the good and wholsome laws before mentioned coming to my knowledge , ( and i think no laws are more properly called wholesome , than those that prohibit the excess of feasting ) these two accidents ( i say ) gave no small check to my complacent humour , and soon induced me to change my former purpose and intention of house-keeping . since those gentlemen shewed so great a dislike of my company , besides other slightings and disrespects i found from them , which i had not known offered to any before in my place , and especially , of my age ; i thought my self in no sort obliged to carress them by the usual voluntary treats and entertainments ; nor so far to forsake my wonted privacy , as to incumber my self with more magnificent accommodations for so short a time as i was to abide in office amongst them , resolving nevertheless to maintain such an equipage as should be suitable to my office , and to pay such services to the city as their laws and the duty of my place requires . i would not be thought in what i have said to design in the least to detract from the worth of that gentleman the bench of aldermen thought fit to prefer before me in that choice , or to shew any regret i have for missing of that preferment : i acknowledge the gentleman they have chosen to that place , to be a very worthy citizen , and well deserving of that honour , as well as of being one of their representatives in parliament . but being to vindicate my self against the exceptions taken to me upon this account , i think i may , upon this occasion ( without prejudice to that worthy gentleman or my self ) borrow a distinction from the papists ( though i am none of their belief ) which i conceive with greater reason may be applicable to my case , then to the purpose they commonly use it . they say , there is a merit of congruity , as well as of condignity ; and if any such distinction can be made , i think i may say , ( without any shew of arrogancy ) that though the person preferred to that place , may be of greater personal and inherent worth then i can challenge to my self , yet the advantageous circumstances by which i came recommended to the court of aldermen being duly considered , i might well expect in congruity with those common rules of civility , by which that court had wont to govern themselves in that affair , to have been preferred in the choice . and if those that presented me missed of their aim in that point , i think those of the neighbouring burrough had as little reason to reflect it upon me , to my dishonour , as that court had to give them the occasion to do it . but when this is said , least by arguing the case so nicely , it should be thought that i am more concerned for the loss of the place , then for those reflections that were cast upon me upon that occasion ; or that i send this paper a begging for preferment : i shall here most freely declare , that as i had not the least ambition for that office , so i lay as little weight upon those arguments i have used to justifie my pretentions to it . i think in themselves they have but little force , though i esteem them very cogent and proper to be turned upon those men with whom i have to do in this matter . as i rest satisfied , that i had the concurrent votes of so many worthy citizens for that place , and do think my reputation well secured thereby , so i am very well contented , that i have missed the preferment ; and shall be as well pleased ( since it appears so practicable in my case ) that those courtly rules by which that court hath formerly governed themselves in their choice of magistrates , may for the future be set aside as over-partial , and that for ever hereafter those persons only may be elected into places in the city , that shall be found to be of greatest integrity , and of best ability for the discharge thereof , without any regard to be had to any of those ranks and orders of men , who from those external qualifications only , do expect the complement of preferrence in the choice . for my part ( being for many years last past delivered from the incumbrances of trade and publick business , ) i have tasted too much of the pleasures and satisfaction of a private life , to be fond of any publick trust . i have known what it is to injoy the sweet repose of quiet sleep , after the divertisements of the day , whilst that care and anxiety that commonly attend those in publick places do not seldom render their very beds uneasie to them . and for that reason , i should not have accepted of the office i now hold , could i honestly have declined it ; but i thought i could not fairly desert those many worthy citizens , who after a full and free choice of me to that place , endured the fatigue of many days throng and sweat , in justifying of their election by the poll. and if i can in any measure answer their expectations in this service , i shall be very well pleased , without giving them any future trouble of the like kind . and now i have spoken in general to the exception taken against me , for not keeping house , and to the disrespects incurred by me upon that occasion ; it remains that i should say some thing to that other point of the exception , whereby they would aggravate this neglect of mine , as redounding to the dishonour of the city , from whom i have received the honour of being preferred to this office. i confess , i should deem my self very unhappy if i should deservedly fall under this censure but custom ( which i have said before is a grand imposer ) exerciseth its tyranny in nothing more than in creating in man a habit of understanding things much other wise then the reason of the thing will bear ; and many practises ( upon this account ) that in themselves are very unbecoming and unwarrantable , are not seldom urged and enforced as most commendable and necessary , and i doubt not , but that upon a due consideration of this matter , this will appear to be our case . this city is indeed a great and opulent city , full of people and trade ; a city eminent for the great charters , priviledges , and immunities with which it is invested ; renowned for its many courts , and counsels , companies , and societies , and for the good laws therein instituted and ordained for the better government of the several ranks and orders of men amongst them , whereby they are enabled to obtain their own justice , maintain their own peace , and pursue all the good and advantageous ends of trade , with the better success and greater security . and as the happiness and good estate of this city doth depend upon the right use and improvement of these advantages , and upon a due and righteous execution of those good laws , so the honour and esteem which this great city most justly finds from all men both at home and abroad , doth principally result and arise from hence . i confess there is another thing that doth well befit this great city , which we call state and grandeur , which ( though it is far below , and differs in the esteem of wise men , as much from that honour which i have before described , as my lord mayors horse accoutred with his richest furniture and trappings , doth from that honourable person that sits upon him , cloathed with eminencie of power and authority ) is found nevertheless most necessary to attract that reverence from the vulgar and common people towards so august a government ; which they ( giving judgment of things more by outward appearance then by intrinsick worth , and real value ) would otherwise hardly give to the greatest potentates . to this end the city hath its several ensigns of authority and power fitted to all degrees of magistracy , and shewing the place they bear in the government with becoming greatness . they have their solemn processions and cavalcades , set forth with habits , equipage , attendants , and other ornaments , sutable to the several degrees and orders of men , for the greater state. they have also their publick shews and triumphs upon set times and occasions , edorned with much splendor , to entertain and divert the people with gaze and admiration . and they have ( besides these ) their publick feasts upon set times and solemn occasions of assembling and rejoycing together for their refreshment . and i do agree , that as these being practised with that moderation , and within those limits which the laws of the city upon great reason have wisely ordained , may be of good use to the ends aforesaid ; so i have not been wanting in performing my part therein , unless it shall be said , that i have not attended those cavalcades and processions , which were made last easter to those sermons which ought to have been at the spittle . and for this i shall only say , that though i did intend to bear my part in those solemnities also , yet my lord mayor ( on whose person only i am obliged to attend upon all publick occasions within the liberties of london ) not being in a condition to go abroad , and the rest ( who i thought would have been more tender impreserving that antient custom which had been but once changed in three hundred years , ( and then upon an extraordinary occasion ) as i could ever hear ) being pleased ( for what private reason i know not ) to stear another course , i did not think i was obliged to suffer my self to be led by the nose by those that thought me unfit to be privy to their councels , or to know the reasons of so mysterious a resolution for the alteration of that antient practice . but let the consequence of this accident be what it will , i conceive it falls not within our present question : as to the matter of the sheriffs ordinary course and way of house-keeping , the neglect of which , is here to be answered : and therefore , to speak more directly to the point , i say , first , that this ( not being accounted amongst those publick solemnities which ( as i have before noted ) make up the cities grandure ) i conceive detracts nothing from the honour of the city , whatever reflection it may have upon my own personal reputation . in the next place i do little doubt , but that the common course , and method of the sheriffs house-keeping , upon due consideration will appear to be of so little honour , that on the contrary it will be found a great prejudice to the city , and a real scandal to the government that allows it ; as well as an unbecoming and unreasonable burden and slavery to him that bears it . in this method of house-keeping they divide the week into certain and set days , some whereof are called publick days , which they imploy in feasting of the companies of the city , and other grand feasts ; the other called private days , are commonly spent in treating of particular friends and relations , and such as come upon occasional visits . as to that of the feasting of the companies ( of which the greatest observation is made ) i think nothing can be less honourable to the sheriffs , and nothing more inconvenient to the citizens , and prejudicial to that sober industry by which a trading city thrives best . as to the honour that accrues to the sheriffs thereby i cannot well understand it , since ( according to the usual practise in this case ) the companies generally invite themselves to the sheriffs , and as a token of their respects present them with two or three guineys towards the charge of a double treat ; one in winter of the livery men alone , with such other persons as may accidentally come to fill up the tables , and the other in summer of the same persons with their wives . i must confess as often as i consider this , it seems to me much like that custom in some countries where two poor servants being newly married keep a bride chamber ( as it is called ) and making a provision for that purpose , invite some of the best of the neighbourhood to a treat , the issue of which imports a gift of money , houshold-goods , stock or cattle , or some such like present to set up the new house-keepers , which much exceeds the value of the treat . and if in our case the exorbitant expences , ( in which the sheriffs of late have generally striven to exceed one another ) bring it to an indifferent club , i cannot see that any great honour redounds to the sheriffs thereby , and it is so far from obliging the citizens , that it is become a considerable yearly tax upon them , which many cannot so well spare , nor would so easily pay , were they not solicited by the masters and wardens of their several companies , urging this unreasonable custome as the argument for the payment of this tribute . and how great an enemie this great expence of time , in luxurious eating and drinking is , to that sober industry , which is the rise and glory of a trading city , is easily seen , and the less to be excused , since those days for assembling and feasting in their several companies at their respective halls , are sufficient for their reasonable repast , and divertisement as well as for maintaining that amity and friendship , which is one of the ends of those meetings . and lest there should be sufficient matter wanting for the encreasing of the slaverie , as well as the expence of the sheriffs , and that this extravagant course may continue the whole year , invitations are provided for the filling up of those publick days which are not spent in feasting of the companies , wherein by an unwarrantable sort of emulation , men seem often to vie one with the other in lavishness of expence . and others less able , being ambitious to keep pace with those that went before them , do not only squander many a good childs portion , but transgressing those good laws made for the bounding of their expence , sometime spend in one year half , ( if not the whole , of that which they ) or their parents have been many years getting with sore labour and travail , as manifestly appears by those who not long after they have born these grand offices dye beggars , or spend the remaining part of their lives in a goal . and it may be further noted , as a bad consequence attending this extravagancie , to the no little detriment of the city , and diminution of its greatness , that since magistracy by this means is rendred so over-burdensome , many rich and prudent men , otherwise well qualified for places of publick trust , and who ( as matters were formerly ordered ) would have embraced the freedom of the city as a matter of honour and great priviledge , by a wise foresight have thought fit rather to decline it , than submit to those grand inconveniencies , which ( through the neglect of those good laws , and the preval ency of bad customs ) seem to be entailed on it ; for which reason likewise , many freemen that are in all respects well qualified for so great a trust , being called upon for that purpose , chuse rather to purchase their own liberty , by paying a considerable fine , than to bear any place in the government ; or run the hazard of those clamours that they should find by a more frugal management thereof . in the mean time , i hope i shall endeavour to govern my self so in this affair , as neither to be wanting in any thing that shall be essential to the duty of my place , nor to exceed so far , as for the vanity of one years jollity or applause , to disappoint or discourage the hopes of those that may reasonably expect some considerable share of the fruits of my former labours , which ( considering my age , and that the time for the encreasing of my estate is long since gone ) ought the rather to be regarded . and i pray god , that pride , fullness of bread , and idleness , which was charged upon sodom , and jerusalem , as the cause of gods judgments , may not grow to that height of excess in this city , as to become the ruine and destruction of it . there remains one part of the objection in the matter of house-keeping yet behind ; that is , that i keep no setled house , nor a set table : to which , ( though i lightly touched it before ) i shall give this further answer , and i think my cirmstances considered , it will admit of a very easie excuse . i conceive that my condition , as being called out of the country ( where my concerns lye ) to serve this office in the city , ( where for many years last past i have had no setled habitation or dealing ) doth much resemble that of some citizens , that having their setled aboade and business in the city , in respect of their estates in the country are many times put to bear the office of sheriff there ; in which case , they do not look upon themselves as obliged , nor is it expected from the country , that they should keep a constant house and table there , as they are wont to do which have their constant residence amongst them . and if they do attend the judges , and the business of the county with a sufficient retinue , and with due care , and make such solemn entertainments as the law requires upon those occasions , no exception is taken to them ; and why more should be expected from me in the like case , i do not well understand . had i a setled house and family in this city ( as commonly those that are chosen to this office have ) of course i should have kept a house , and a set table , and should not have grudged to have inlarged it in some measure upon this occasion ; and there is this further in my case , that being a single person , without wife or family that might require a house , and which , ( besides the divertisement of their company ) would be assisting to me in the management thereof , i thought i had the less reason to take upon me that melancholy piece of trouble ; and i am well assured , that those friends that would have looked upon themselves as obliged to visit me upon this occasion , and are the only persons concerned in this part of the exception , will not have the worse thoughts of me upon this account , but had rather that i should enjoy them with wonted freedom , than out of meer formality be confined for a year , to so great a trouble and inconveniency , for the sake only of receiving their visits . the last exception that is taken to me , is that according to the example of my predecessors , i do not voluntarily contribute to the necessities of the poor prisoners belonging to the city prisons , and county-goal . those capital crimes that have been before objected , carryiing with them no colour of truth ; i take this objection ( that hath much of truth ●n it ) to be more pressing then all the rest , there being more to be pleaded for acts of charity , than for profuseness . my contest is not with the poor prisoners , to whom bowels of compassion ought to be shewn , but with that male-administration that hath occasioned this grievance . the lawyers say , that a particular mischief ought rather to be born , then a general and publick inconveniency admitted . and as those laws which provide for the government of the prisons have been much neglected by occasion of the sheriffs taking upon themselves this charge , so i know not but the putting a stop to these payments ( which are but voluntary ) may give a good occasion for enquiry into those laws , and to the restoring of them to a due execution , which would be of greater advantage to the poor prisoners than any thing that is now done , and would also encourage others to such charitable benevolencies , and legacies , as have been formerly given for their better support , and also prevent the loss of those charitable donations which its said have happened by want of due care in the execution of the said laws . as the laws of the land do provide , that the counties shall maintain their prisoners , so the laws of this city both antient and modern do place the government and care of the prisons in the court of aldermen and a committee of the city , to be annually appointed by and out of the common councel , as the best expedient our wise and prudent ancestors could find , for preventing those inconveniencies under which the poor prisoners now groan . and if by holding of my hand , and by those arguments i have given to excuse my sparingness in this and other matters , i should prove so happy as to give an occasion for retrieving of those good laws which the ancient prudence of this city hath most plentifully provided for preserving and promoting the good estate of her citizens , so as they may no longer lye dormant amongst their records , but be put in due execution ; i think neither prisoner , nor any freeman will hereafter find any just cause to complain of me . and in effecting so good a work , as the world would easily believe that i should have greater satisfaction in my self , so i should not doubt in the end of my year , notwithstanding the great cry that hath been made against me with so little reason , to have more thanks from the greatest part of my fellow citizens , upon that account ; and that the obligation would last longer with them , then if i had according to late example spent eight or nine thousand pound in the year of my shrievaltie . but this is but a good wish , that fell out occasionally in the current of my discourse , a matter , rather to be desired , than effected by any thing that i can say , or do ; it is not for me to think i can bear back the strong torrent of custome , when the laws of the city are not strong enough to do it : if i shall by this essay be able in any measure to stem that tyde of reproach which runs upon me with that violence , that it threatens to over-set and make shipwrack of my honour and reputation , ( which is the proper design of this paper ) i shall deem my self in no small measure happy and successful . a good name is as precious oyntment , and as i ought to value it , so ( methinks ) i should now at length be able to prevail with the world to be so just , as to consider what real grounds or reasons there may be for so great a noise and clamour ; and the better to enforce this justice , i shall lay before them , the great example of the all-righteous judge . when the cry of sodom and gomorrah was very great , and their sin very grievous calling for vengeance from heaven against the unrighteous inhabitants thereof , he would not streight-way rain down fire and brimstone upon them ; but said , i will go down now , and see whether they have done altogether according to the cry of it , which is come unto me , and if not , i will know . and we find , that he gave abraham leave to make the best defence he could for them before the judgment came . the sin of sodom was very great and notorious , and the cry of it came up to him that could not be deceived by false reports ; therefore his design in this was not to salve his own justice , but to give the credulous and ill-natured world ( which is apt to believe all the ill that is said , rather than to examine the truth of things : ) this great , and early example , as a most sacred and divine rule to govern themselves by in all cases , of this nature . and if by what i have said , and here offered , i shall be able to prevail with a too censorious world , to leave the judgment seat a little while , and come down and see , whether the matters charged against me , be according to the cry thereof that is come unto them , or not , before they give final judgment : i think in what i have here said , i shall not have troubled my self , nor them in vain . finis . the kings maiesties letter to the the lords grace of canterbury, touching preaching, and preachers. abbot, george, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a stc estc s this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the kings maiesties letter to the the lords grace of canterbury, touching preaching, and preachers. abbot, george, - . [ +] p. s.n. [london : ] text begins on a r. identified on film as stc reproduction of the original in the cambridge university library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng church of england -- clergy -- early works to . church and state -- england -- early works to . great britain -- politics and government -- - -- early works to . - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion the kings maiesties letter to the lords grace of canterbury , touching preaching , and preachers . most reuerend father in god , right trustie and right intirely beloued councellor , we greet yee well . forasmuch as the abuse and extrauagancies of preachers in the pulpit , haue been at all times repressed in this land , by some act of councell or state , with the aduise and resolution of graue and reuerend preachers , insomuch as the very licensing of ` preachers , had beginning by order in the star-chamber , the eighth of iuly , in the nineteenth yeare of king henry the eight , our noble predecessor : and whereas at this present diuerse young students , by reading of late writers and vngrounded diuines , doe preach many times vnprofitable , vnseasonable , seditious and dangerous doctrine , to the scandall of the church , and disquieting of the state and present gouernment : wee , vpon humble presentation vnto us of these ill inconueniencies by your selfe , and sundrie other graue and reuerend prelates of this church ; as of our princely care and desire , for the extirpation of schisme and dissention growing from these seedes ; and for the setling of a religious and peaceable gouernement both of church and state : doe by these our speciall letters straightly charge and command you , to vse all possible care and diligence , that these limitations and cautions herewith sent you concerning preachers , be duely and strictly from henceforth obserued , and put in practise by the seuerall bishops in their seuerall diocesses within your iurisdiction . and to this end our pleasure is , that you send them forth seuerall copies of these directions , to be by them speedily sent and communicated to euery parson , uicar and curate , lecturer and minister , in euery cathedrall and parish church within their seuerall diocesses ; and that ye earnestly require them , to employ their vtmost endeauours for the performance of this so important a businesse : letting them know , we haue an especiall eye to their proceedings , and expect a strict accompt thereof both from you and euery of them , and this our letter shall be your sufficient warrant and discharge in this behalfe . giuen vnder our signet at our castle of windsor , the fourth day of august , in the twentieth yeare of our reigne of england , france , and ireland , and of scolland the sixe and fiftieth . directions concerning preachers . that no preacher , vnder the degree and calling of a bishop , or deane of a cathedrall or collegiate church , and they vpon the kings dayes , and set festiuals , doe take occasion by the expounding of any text of scripture whatsoeuer , to fall into any set discourse or common-place ( otherwise then by opening the coherence and diuision of his text ) which shall not be comprehended and warranted , in essence , substance and effect , or naturall inference , within some one of the articles of religion set forth . or in some of the homelies set forth by authoritie in the church of england , not onely for a helpe for the non-preaching , but withall for a patterne and a bundarie ( as it were ) for the preaching ministers , and for their further instructions : for the performance hereof , that they forthwith peruse ouer , and read diligently the said articles , or the two bookes of homilies . that no parson , vicar , curate , or lecturer , shall preach any sermon or collation vpon sunday and holy-dayes in the afternoone in any cathedrall or parish church throughout the kingdome , but vpon some part of the catechisme , or some text taken out of the creed , tenne commandements , or lords prayer , ( funerall sermons onely excepted ) and that those preachers be most encouraged and approoued of , who spend these afternoone exercises in examining the children in their catechisme , and in expounding of the seuerall points and heads of the catechisme , which is the most auncient and laudable custome of teaching in the church of england . that no preacher of what title soeuer , vnder the degree of a bishop or deane at the least , do from henceforth presume to preach in any populous auditorie , the deepe points of predestination , election , reprobation ; of the vniuersalitie , efficacie , resistabilitie , or irresistabilitie of gods grace , but leaue those theames to be handled by the learned men , and that moderately , and modestly , by way of vse and application , rather then by way of positiue doctrine , as beeing fitter for the schooles and vniuersities , then for simple auditories . that no preacher of what title or denomination soeuer , shall presume from hence forth in any auditorie in this kingdome , to declare , limit , or bound out by positiue doctrine , in any lecture or sermon , the power , prerogatiue , iurisdiction , authoritie , or duty of soueraigne princes ; or otherwise meddle with these matters of state , and the references betweene princes and the people , then as they are instructed and presidented in the homilie of obedience , and in the rest of the homilies and articles of religion , set forth as is before mentioned by publike authoritie ; but rather confine themselues for those two heads , faith and good life , which are the subiect of auncient sermons and homilies . that no preacher of what title or denomination soeuer , shall causlesly , and without inuitation from the text , fall into bitter inuectiues , and vndecent rayling speeches , against the persons of either papist or puritan , but modestly , and grauely when they are inuited or occasioned thereunto by their text of scripture , free both the doctrine and discipline of the church of england , from the aspersion of either aduersarie , especially where the auditorie is suspected to be tainted with the one or the other infection . lastly , the archbishops and bishops of this kingdome ( whom his maiestie hath good cause to blame for their former remisnes ) be more warie and choice in licensing preachers , and reuoke all grants made to any chancellor , officiall , or commissary to licence in this kind . and that all the lecturers throughout the kingdome ( a new body seuered from the auncient clergie of england , as beeing neither parson , vicar , nor curate ) be licensed henceforth in the court of faculties , onely vpon recommendation of the party from the bishop of the diocesse , vnder his hand and seale with a fiat from the l. archbish. of canterbury , and a confirmation of the great seale of england ▪ and that such as transgresse any of these directions , bee suspended by the l. bish. of the diocesse ; in his default by the l. archbish. of the prouince , ab officio & beneficio , for a yeare and a day , vntill his maiestie by aduice of the next conuocation shall prescribe some further punishment . the lord archbishop of canterburie his letters to the bishop of the diocesse of norwich . my very good l. i doubt not but before this time , you baue receiued from me the directions of his most excellent maiesty concerning preaching and preachers , which are so graciously set downe , that no godly or discreet man , can otherwise then acknowledge , that they doe much tend to edification , if he doe not take them vpon report , but do punctually consider the tenor of the words as they lie ; and doe not giue an ill construction to that , which may receiue a fairer interpretation . notwithstanding , because some fewe churchmen , and many of the people haue sinisterly conceiued ( as we doe here find ) that those instructions doe tend to the restraint of the exercise of preaching , and doe in some sort abate the number of sermons , and so consequently by degrees , doe make a breach to let in ignorance and superstition : his maiestie in his princely wisdome hath thought fit , that i should aduertise your lordship of the graue and waighty reasons which induce his highnesse to prescribe that which is done . you are therefore to know , that his maiestie being much troubled , and grieued at the heart , to heare euery day of so many defections from our religion , both to poperie and anabaptisme , or other points of separation in some parts of this kingdome , and considering with much admiration , what might be the cause thereof , especially in the reigne of such a king , who doth so constantly professe himselfe an open aduersary to the superstition of the one , and madnesse of the other : his princely wisdome could fall vpon no one greater probabilitie , then the lightnes , affectednes , and vnprofit ablenesse of that kind of preaching , which hath been of late yeares too much taken vp in court , vniuersitie , citie , and countrey . the vsuall scope of very many preachers , is noted to bee a soaring vp in points of diuinitie , too high for the capacities of the people , or a mustering of much reading , or displaying of their wit , or an ignorant medling with ciuill matters , aswell in the priuate of seuerall parishes & corporations , as in the publike of the kingdome : or a venting of their owne distastes , or a smoothing vp of those idle fancies , which in this blessed time of so long a peace , doe boyle in the braines of vnaduised people . and lastly , by an euill and vndecent rayling , not onely against the doctrine ( which when the text shall occasion the same , is not onely approoued , but much commended by his maiestie ) but against the persons of papists and puritanes . now the people bred vp with this kind of teaching , and neuer instructed in the catechisme and fundamentall points of religion , are for all this aiery nourishment , no better then abrasae tabulae , new table-books , ready to be filled vp either with the manuals or catechismes of popish priests , or papers and pamphlets of anabaptists , brownists , and puritanes . his maiestie euer calling to mind that saying of tertullian , id verum quod primum , and remembring with what doctrine the church of england in her first and most happy reformation , did driue out the one , and kept out the other from poisoning and infecting the people of this kingdome , did find that the whole scope of this doctrine is contained in the articles of religion , the two bookes of homilies , the lesse and the greater catechisme , which his maiestie doth therefore recommend againe in these directions , as the proper subiect of all sound and edifying preaching . and so farre are these directions from abating , that his maiestie doth expect from our hands , that it should encrease the number of sermons , by renewing vpon euery sunday in the afternoone in all parish churches throughout the kingdome , the primitiue and most profitable exposition of the catechisme , wherewith the people , yea very children may be timely seasoned & instructed in all the heads of christian religion . which kind of teaching ( to our amendment be it spoken ) is more diligently obserued in all the reformed churches of europe , then of late it hath bin here in england . i find his maiesty much moued with this neglect ; & resolued , that if wee which are his bishops do not see a reformation hereof ( which i trust wee shall ) to recommend it to the care of the ciuill magistrate , so far is he from giuing the least discouragement to solid preaching , and religious preachers . to all these i am to adde , that it is his maiesties princely pleasure , that both the former directions , and these reasons of the same , bee fairely written in euery registers office. to that ende , that euery preacher of what denomination soeuer , may if he be pleased take out copies of either of them with his owne hand gratis , paying nothing in the name of fee , or expedition . but if he doe vse the paines of the register his clerks , then to pay some moderate fees , to be pronounced in open court by the chancellor and commissaries of the place , taking the direction and approbation of any the lords the bishops . lastly , that from henceforth a course may be taken , that euery parson , vicar , or curate , or lecturer , doe make exhibite of these his maiesties directions and reasons of the same , in the next ensuing visitation of the bishops and archdeacons , paying to the register by way of fee two pence onely at the time of the exhibite . and so wishing , and in his maiesties name requiring your lordsh. to haue a speciall and extraordinarie care of the pr 〈…〉 ▪ i leave you to the almightie . from croidon , sept. . . your louing brother , g. cant. a discourse, shewing that it is lawfull, and our duty to swear obedience to king william, notwithstanding the oath of allegiance taken to the late king. by a divine in the north divine in the north. approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing d ab estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : , : ) a discourse, shewing that it is lawfull, and our duty to swear obedience to king william, notwithstanding the oath of allegiance taken to the late king. by a divine in the north divine in the north. [ ], , [ ] p. printed for joseph hall, bookseller in new-castle upon tyne, london : . identified as wing d variant (number cancelled in wing ( nd ed.)) on umi microfilm "early english books, - " reel , and as wing ( nd ed.) d ab on reel . reproductions of the originals in the union theological seminary library, new york, new york ("early english books, - " reel ), and the british library (reel ). created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng william -- iii, -- king of england, - -- early works to . oaths -- england -- early works to . great britain -- history -- revolution of -- early works to . great britain -- politics and government -- - -- early works to . - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - celeste ng sampled and proofread - celeste ng text and markup reviewed and edited - pfs batch review (qc) and xml conversion a discourse , shewing that it is lawfull , and our duty to swear obedience to king william , notwithstanding the oath of allegiance taken to the late king . by a divine in the north. london , printed for joseph hall , bookseller in newcastle upon tyne . . to the renownedly learned and reverend gilbert bvrnet , d d. lord bishop of sarvm . reverend sir , my zeal for this present government , ( the happiest change that ever nation was blest with , ) and my trouble to see some remaining scruples , which ( in despight of all god's manifestations to us ) seem yet to disturb our israel , have so far transported me beyond the bounds of modesty , and made me forget my own weakness , as to thrust upon you this unworthy pamphlet . my forwardness for the cause had wellnigh put me upon the printing of it without farther consultation ; but upon second thoughts i judg'd it safer in a matter , of this weight , to consult some of greater learning : and whilst my thoughts were roving to find out some proper persons , ( of which , upon several accounts , there are but few in this quarter of our world , ) attracted with the fame of your worth , and learning , and the sense of your great actings in our happy change it self , they seemed to bend to you-wards . and though a person of less business , and less note , might very well have served to examine so pitifull a piece , yet promising my self better usage from you , whose candour must be answerable to your greatness , than perhaps i might meet with from some of lesser note , i resolved , however bold it might appear in me , to take this way . accept therefore , reverend sir , this poor piece , which however rude it be , if it be but sound i care not : and though it was very fond of the journey , to come and present it self to you , yet it will , upon the approach of so grave a censure , ( methinks ) begin to tremble . and if i be prevented by any other who ( questionless ) may doe it better , i am very well pleased with the service which may be done ●o my sovereigns by it , and think my self sufficiently rewarded for my poor endeavours , that i had the honour of expressing to you my readiness in them . god preserve you , reverend sir , and enrich his church more and more with such noble patriots . a discourse , shewing that it is lawfull , and our duty to swear obedience to king william , notwithstanding the oath of allegiance taken to the late king. among the many scruples of conscience , which have risen from this turn of times , the greatest , in my opinion , and ( i hope ) the last is this : whether or no it be lawfull for those , who have sworn allegiance to the late king , to take this new oath of allegiance to king william . this is the great scruple which , i find , cannot easily be shaken off by men even of greatest learning , and greatest integrity ; and if men could but once clear themselves of this , i hope , there will remain no farther cause of scruple . and although i do not pretend to prescribe rules to others , who are wiser and better than my self , yet what i here write for my own satisfaction , may perhaps be somewhat satisfactory too to such whose want of leasure , or other lets , may hinder them from making enquiry into the thing themselves . first then , there are two preliminary questions necessary to be considered , in order to the resolving this present scruple . the first is , whether or no i can be any longer obliged to a man by oath , or otherwise , when he himself is divested of that power , in consideration of which i was by oath , or otherwise , obliged to him ? and it is certain i cannot . the thing is so common , and clear , that it needs not much proving , there being daily instances of the thing : for though a man is obliged to a lord of a manour , a magistrate , or master , so long as they are such , yet when they once cease to be such , and are superseded by oaths , my obligation , how strong soever , doth then cease , and i may a-new be obliged to the succeeder . the next question is , who is to be owned as supreme ? he who was once our lawfull king , or he who by force , or otherwise , hath dethroned this king , and is himself seated upon the throne ? and in my opionion , the last is supreme ; for the bearing of the sword is so inseparable from the supreme power , that the very life of supremacy consists in it ; and it is as improper to call him king who wants power , as to call him a man , who wants reason . a king is set over a people by god , as his vice-gerent , and endued with power sufficient to endourage and defend the righteous , and punish the wicked ; but when god takes from him all power , so that he can neither doe the one , nor the other , how can he be called god's vice-gerent , and supreme ? is not he rather to be called so , and to be look'd upon to be such , upon whom god hath transferr'd this power ? and as he who is lawfully ejected can no longer lay any claim to that estate out of which he is ejected , but he is to be owned as lord , who is lawfully possest of it ; so when god , who hath the sole disposal of crowns , and may give them to whom he pleases , doth dispossess a king of a crown , and puts another in his place , we are then to acquiesce . it 's true , whilst the thing is in dispute , it is the part of every honest man , to stand up for his king as much as he can , but when once the business is ended , and actuall possession given , ( which could never be without god's fiat , who himself is the judg of kings , and putteth down one , and setteth up another , ) there is then no farther appeal to be made , or writ of errour brought , unless we think we are higher than god , and have a better right to dispose of crowns then he ; we are therefore to own him as supreme , whom god hath set up , and not obstinately to stand but for him who is actually dispossest . again : since the tribute , and revenues of a crown are the stipend of god , ( if i may call it so , ) appropriated by god to the supreme powers , as his ministers , it being necessary for the support of their grandeur , and carrying on of their business , and therefore , st. paul saith , they are god's ministers attending continually upon this very thing : when then this tribute is quite taken from one , and given to another , so that it is impossible for him from whom it is taken to appear any longer as the minister of god , and carry on his business , god then seems to me to have actually discharged such an one from his service , and to have pitcht upon the other to be his minister , to whom the tribute is paid : and therefore it seems clear to me , that he is to be owned as supreme , and god's minister , who actually possesseth the throne , and the appurtenances thereof ; and not he who was once king but is now dispossest : as for that nice distinction of a king de jure , and a king de facto , i look upon it to be a mere chimaera , and no way practicable . a man cannot serve two masters , as our saviour saith : we must suppose this king de jure to be a king , and if he be a king , he must be acknowledged for such , and have all the honour and service paid him which is due to a king. again : the king de facto must be acknowledged too to be a king , and being so , must be honoured and served as a king ; now what can a man doe in this case ? if he serve the one he must neglect the other , if he cleave to the one , he must forsake the other ; he cannot serve them both , they bothlaying claim to the same services . since then it is impossible to serve them both , there can be no such thing in nature as two kings , a king de jure , and a king de facto ; for we know that nature designs an end to all her actions , but there can be no such action where the end is impossible : the query is then , since there must be but one king , which of the two is he ? the king de jure , or the king de facto ? it is certain the last is he . my argument is this : affairs cannot be managed by fancy , and suppositions ; there must be acting in the case : now a king de jure is only an empty title , and cannot act , the whole power of acting being in the king de facto ; and therefore unless you think you can live upon mere notions , you must of necessity have recourse to the king de facto , and own him as supreme , since he is only in a capacity to act . and whereas it is said , that the crown cannot be forfeited , and that therefore a king whilst he lives can never cease to be king ; once king , and allways king. to this i answer : grant that it cannot legally be forfeited , and that though the law obliges the king , yet it cannot punish him ; and that the law hath so fenced about the persons of kings , that it is impossible in the sense of the law , for a king upon any trespass whatever to forfeit his crown ; and that there is no subject can offer any violence , or attempt any thing against the prerogative or person of the king , but at the same time he becomes a trespasser of the law , and by the law is punishable ; grant all this i say , that the laws of the land do , as much as they can , secure the right of dominion in the person of a king , and his successors , so that as far as they can make him , he is king de jure ; yet jure they can never make him so absolute , but that god hath still a right above him , and power to depose him ; and whenever he doth it , the right , and power , which were by law deriv'd , or secur'd to that king , must then cease , and be null : and therefore ( in my opinion ) let such a king , and his abetters pretend to what they will , and lay claim to the crown as much as they please , by virtue of this and the other constitution of government , yet such claim is quite out of doors , when there is another king de facto ; and the king de facto is king de jure , and claims under a far greater right ; for it is jure divino that kings reign , but it is only jure humano that they are hereditary , or elective , that there is this or the other sort of government . it is certain therefore , that though it be granted , that the crown cannot legally be forfeited , yet it may be otherwise lost , and seized on ; god may make a forfeiture of it , and dispose of it to whom he pleases ; otherwise there can be no conquerour in the world can have any right to the crown , which he conquers . but you will say , a conqueror is one thing , and an usurper is another ; you will own a conquerour to be supreme , even when the conquered king is living ; but you will not own an usurper to be so : and thus ( i know ) many will talk , but ( if i may be so bold as to say so ) it 's just at random , never knowing , nor weighing what reason there may be for the one more than the other : but i am resolved , with the little wit i have , to pause upon things better , before i swallow them down so inconsiderately . let us then compare the conquerour and usurper together , and see wherein the excellency of the one lies above the other . and first then , grant that some conquerours have at first been on the defensive side , and have had just cause of war , yet they were not so just to give over , when they have got sufficient reparations ; but being heartened with success , would admit of no terms , but went still on , till they had ruin'd their nighbouring prince : this ( i am sure ) was neither just , nor lawfull ; and yet , being conquerours , their supremacy is owned : but where there is one who at first hath had just cause of war , there are many of them for this one who had not , but invaded their nighbours purely out of ambition , and a desire to enlarge their dominions : this surely was unjust , and yet their supremacy is owned . i ask then , what is the cause why we may lawfully own their supremacy ? is it the unlawfullness of their war ? no sure ; that cannot be it . what can it be then ? truly nothing else , but because they prov'd victorious , and possest themselves of the throne . now then , if a conquerour is to be owned as supreme because he is possest of the throne , though his war was illegal ; i ask , why an usurper is not to be owned as supreme , when possest of the throne , though he too came illegally to it ? it 's true , you may say , you look not upon an illegal war to be so heinous as rebellion ; i grant it ; but yet i look upon them both to be unlawfull means of coming to a crown . the truth of it is , though the lord cannot be the authour of the evil of sin , yet he is the authour of the evil of punishment . can there be evil in the city , ( saith amos , ) and the lord hath not done it ? and god , in whose power alone it is to punish kings , may punish them as well by the hand of a rebel , as an invader . we have so many instances of this , and those so clearly owned by god too , that it is not to be questioned ; and he hath too as clearly owned these very men to be set up by him , and to be his kings , who ( though they had no good design of their own in it ) were yet designed by him , for the punishment of those other kings whom they dispossest . and when they are thus set up , surely they are supreme , and are to be owned as such , unless we will prove 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , and fight against god. and therefore , if we first have recourse to examples taken out of the scriptures of the old testament , we shall find , that though rebells ( for such they were , when they did it without a special commission from god ) did rise up , and kill their kings , and possess their thrones , that the people were yet subject unto them ; and they are listed among the other king 's , and their reigns set down as kings in the sacred cronicle , but ( it 's true ) with the infamous addition too of the treason which they wrought . and when it pleased god that they should be serv'd in the same kind , yet ( of so sanctifying a nature is the enjoyment of the crown ) even the persons of those usurpers were by it accounted so sacred , that even they who rebelled against them , following their example , are by the holy ghost branded for traitors , and punish'd accordingly . i shall for brevity sake referr you to the scripture it self , where you shall find examples of this in many , if not in most of the kings of israel . but to deal fairly , as one who is not wedded to his opinion , but desires to inform and be informed , there is one instance amongst the kings of israel which seems to make against me ; and it is that of zimri , who killed elah , and was himself within seven days killed by omri , whom all the people of israel assisted . but we must consider , that he was not seated upon the throne of the kingdom , but reigned only in one city , namely , tirzah , all the rest of the kingdom disowning him . but there is another example amongst the kings of judah , which seems to make much more against me , and to be the very case in hand . athaliah , the queen-mother , her son ahaziah , king of judah , being dead , arose , and destroyed all the seed royal , and possest her self of the throne , and reigned seven years , ( a considerable time to have ended all disputes , if the case had not been extraordinary ; ) jehoshebah , his aunt , having saved joash ; the only son of ahaziah that was left unkill'd , hid him all that time ; and then jehojadah the priest acquainting the chief officers with it , brought him forth , where , with an unanimous consent , he was forthwith proclaim'd ; with the shouts of which proclamation , atbaliah being allarm'd , and incensed , runs into the temple , and seeing the young king upon the throne , doth there in her own right , her self being herald , forthwith proclaim them traitors , crying , treason , treason ; but they were so far , from taking notice of any thing of a claim which she made to the crown , or of her accusation of treason which she laid against them , that , as jehojadah had before ordered it , she was forthwith taken out , and executed . and certainly either this instance or none will be able to make out , that usurpers , when seated upon the throne , are yet to be deposed , and the king de jure only to be owned . and i have the rather quoted this instance , because i expect it may be instanced against me ; and therefore resolved throughly to discuss it , as well for my own , as for the satisfaction of others . but though it seems to make so much against me , and though i have set it out as much as i could , to the advantage of the contrary opinion , yet i shall now shew wherein it falls short , or rather indeed makes for my side . and first , if we consider who the person was , who was the main instrument of this change , we shall find it to be jehojadah the priest , and we must needs think , that he being satisfied that the child was preserved alive , would in this grand concern consult the oracle of god , to which he might have recourse , and the consulting of which was his office. again , we have the grounds upon which he and the people proceeded to this change clearly set down , . chro. . . it was an oracle delivered by god to david , that there should allways be a male of his seed , to sit upon his throne ; they therefore taking this promise of god to david as an infallable truth , and finding acccordingly , that beyond all expectations there was a male child preserv'd of that line , they therefore waving all other obligations , did stick to this divine oracle : so that the case is vastly different from any thing that could have happened since , they then having god's special directions in the thing ; and this child ( as were all the kings of judah ) being a king de jure indeed , but of such a jure , that never king in the world , since our shiloh came , can lay claim to the like ; for if it had been only such a jus , as our kings have to the crown , they might as well at first have stood up against the usurpress in behalf of jehosheba , to whom ( according to the tenure of bare succession ) the right of the crown did devolve , after the slaughter of her nephews . but this they did not . and here lest i overslipt it , i must ( however out of order ) take notice of a very remarkable point , which is this : that the people offer'd not to stirr ( which i shall presently prove ) in defence of the succession against athaliah , who was possest of the throne ; nay , though jehosheba , who by succession was the right heiress to the crown , was alive : and this may serve to satisfy those men , who are so stiff , that they will not own the king de facto , whilst the king de jure ( as they term him ) is alive . and now i am to make out , that this instance makes more for my opinion , than the contrary . it is recorded , that athaliah reigned all those seven years , till it came to light that the child was preserved ; and if she reigned , it must be granted , that she had the same power as well over priest , as people , which the kings of judah had ; and we never read that jehojadah , or any other , were before disobedient to her , till it was known that there was a male-heir , who by the particular direction of god was to reign . and it must be presumed , that they would still have own'd her as supreme , if this had not come to light , though she came to the crown by most illegal and bloudy means ; for it cannot be supposed that jehojadah knew any thing of the first hiding of the child ; and therefore might from the very first be disobedient to her ; for it would have been unsafe to have conceal'd it so long : and it cannot be said that he expected a more fit time to publish it , when the child should be of discretion to govern ; for even when he was crown'd , he was but seven years old , which ( i am sure ) are not years of discretion : it follows therefore , that jehojadah knew nothing of it ; and therefore must be presum'd till then , to have liv'd in subjection to athaliah , as supreme . and now i leave it to the world to judg , whether this instance ( however it might seem at first to make against me ) doth not make more for me , than for those who are of a contrary opinion . the next thing then that we must have recourse to , is the practice of the primitive christians ; and i dare challenge any man to tell me , which of them in all those many revolutions of affairs , when the succeeding emperours were allways by indirect means supplanting their predecessors ; which of them ( i say ) did ever deny subjection to the emperour in being , however unlawfully he came to the throne ? nay , i shall give you an instance to the quite contrary . philippus bardas was emperour , and ( if we believe eusebius ) was baptiz'd , and a christian , and therefore must certainly be mightily endear'd to the christians , who never before had any emperour of their persuasion , but emperours who most of them did persecute them in most cruel manner . now certainly , the loss of this emperour would trouble and offend them , and render them ( if ever ) disaffected to the government of the succeeding emperour decius , who depos'd him , and murthered him ; yet for all this , so far were they from disowning the present emperour , who yet came so unworthily to the throne , that they thought it their duty to pray for him , and not only for him , but afterwards for gallus , who succeeded him , and was in every respect as bad as he . he chased away ( saith dionysius , bishop of alexandria , in his letter to hermammon ) the holy men which pray'd for peace , and his prosperous state , and so together with them he banished the prayers continually poured unto god for him . eus . l. . c. . and surely we cannot think that those undaunted champions of christianity could , to save themselves , be in the least guilty of any flattery , or idle complement ; no sure ; but this they did , being thereunto oblig'd by the holy scriptures , wherein we are commanded to pray for kings , that we may lead a quiet , and godly life under them ; and surely we have still greater reason to pray thus for the worst of kings , because they are in greatest danger of being disturbed , and disturbing other . and if indeed the practice of those primitive christians had been such as to disown their authority , and seek to disturb them , and yet at the same time to pray for their peaceable reign , their prayers , and practice being so diametrically opposite , they would certainly have been lookt upon , ( and that justly too ) as the worst of men , and no way to be trusted . and though the blasphemous complement of boniface to phocus was more than flattery , and an espousing of his barbarous way of accession to the crown ; yet if he had only been subject to him , and pray'd for him , when seated upon the imperial throne , he had done no more than all good christians then did , and might lawfully doe . honest st. martin did much better , who drinking to his deacon , and not to the emperour , let him see ( though indeed too haughtily , tartly , and publickly , not like a courtier , nay , nor a prudent bishop , whose likelier way to work upon the emperour had been to have reprov'd him deliberately , calmly , and privately , this other being the ready way to have disoblig'd , and quite lost him ) let him see ( i say ) that his unjust way of coming to the crown was displeasing to god , and did deserve his fatherly correption , and penance . now this was all that he did , and this is that which every ghostly father of a king ought , and may doe , to admonish him of his sins , and yet at the same time own his supremacy . and i look upon him , who , in those great debates here in england betwixt the houses of lancaster and york about the crown , did live peaceably under that king that was possest of the throne , to have been far the better subject , and better christian , than he whose turbulent spirit was still for change , and was the occasion of so much war , and bloudshed . and thus i have made it out , that not only a conquerour , but an usurper is to be owned as supreme , and to be set up by god , when possest of the throne . but then the query is , how far he must be possest of the throne , that we may acknowledge him set up by god , and desist from any farther opposition . it 's true , we have no such revelations now as were in the times of the old testament , and therefore may still be at a stand , when such kings are fully set up by god ; yet , if i may spend my weak judgment upon it , i look upon a king to be thus set up , when the former king , and his heirs , being either banish'd , kill'd , or imprison'd , the other is seated upon the throne ; and so far , either for fear or favour , own'd by the nation , that there is wholly a cessation of arms , or a very inconsiderable opposition made . and if god hath the same power still ( which to question were blasphemy ) to pull down and set up kings when he pleases ; and yet since we cannot expect any revelation from him , when he does it ; either this rule which i have here mentioned is the only way to know it , or else i would gladly know what other rule we have to know it by . but here it will be objected , that if possession gives right , the law must be quite laid aside ; and he that hath the strongest arm will have the greatest right ; and so this doctrine will be an inlet to all oppression and violence . to this i answer , that grant a king cannot be punish'd , and dispossest by due course of law , and that therefore god ( if i may say so ) is forc'd for the punishing and dispossessing of kings to use extraordinary means , which may tantamount to a law ; yet sure the law is sufficient to take cognisance of subjects , to punish them , and redress their grievances one to another ; and therefore they need not , and ought not to take these extraordinary means , which god sees often fit only and necessary for the punishing and dispossessing of kings . but of so intricate a nature is the matter in hand , that i have scarce unravelled one doubt , when presently there arises another . at this rate ( say you ) even a good king ( instance king charles the martyr ) may be destroyed by an usurper , and yet the usurper is not to be questioned , but own'd as supreme : certainly god never intended to destroy a good king so ; and therefore if an usurper destroy such a king , he cannot be of god's setting up , and therefore is not to be owned as supreme . to this i answer , that i cannot without sorrow reflect upon the horrid murther of that gracious monarch , a prince of unspotted integrity , who was certainly the best of kings , who for his piety of life might rid with the strictest votaries , and for the manner of his death , with the most famed martyrs ; and so far was he from bringing a curse either upon the nation , or himself , by any sin of his own , that if ever the goodness of a king could attone for the sins of his people , his certainly could have done it . but it is not allways the sin of a king , which is the cause of such overturnings , but very often indeed the sins of the people ; though ( god knows ) we are too apt to lay the blame off our selves , and slander the lord 's anointed . and this happens according to samuel's menace to the people ; that if they should doe wickedly , they should be destroy'd both they , and their king. god is many times pleased for the punishment of a sinfull people to remove good kings from them , and to set tyrants in their place ; and then even those tyrants are of god's setting up , and are therefore to be owned as supreme , and obey'd , as long as god pleases to continue them over us . but here i am afresh assaulted with another objection , so hard it is to struggle through this difficult case : what! ( say you ) god is pleased to work by means , ( miracles are now ceased ; ) and therefore , if we ourselves put not to our hands , to pull down such usurpers , but fondly own them still to be supreme , and therefore not to be resisted , we may long look before we be delivered , and perhaps may offend god by slipping those opportunities , which may seem for that purpose to be put into our hands . but to this i answer , that god , who hath the power of life and death , is not so unprepar'd of instruments of death , as for want of others , to make allways use of one . he hath a store house ( as i may say ) of accidents , and diseases , out of which he may chuse any one sufficient to put a period to the days of the greatest monarch ; he can kill a king as soon by a fever , as suffer a rebel to kill him : and therefore though david knew that saul was to be unking'd ; nay , and that he too was to succeed , yet so far was he from being of abishai's opinion , that then was the opportunity to kill him , and that then god had delivered him into his hands , when they found him asleep , with the spear at his head , so far ( i say ) was he from being of his opinion , and taking this opportunity , that he would neither doe it himself , nor suffer him to doe it ; but piously , and prudently , told abishai ; that god had means of his own to doe it by , and needed not to be beholden to them to doe it by such illegal means ; and therefore they were to expect his leasure . as the lord liveth ( saith he ) the lord shall smite him , or his day shall come to dye , or he shall descend into the battel , and perish . the lord forbid that i should stretch forth my hand against the lord 's anointed ; and therefore let no rebel think , that because god hath a mind to put down a king , that yet he shall be the less guilty , who stretcheth forth his hand to doe it . and now i have with what scrutiny i can discust these two preliminary queries : in the answering the first of which there was little difficulty , it being a generally receiv'd maxim , and warrantable by the daily practice of all sorts of people : the main difficulty lies in the second , which i think i have removed , to my own , if not to the satisfaction of others ; and have made it out , both by reasons , and examples , ( and at the sametime remov'd all the objections , that might make against it , ) that he is not king and supreme , who was once king , but is depos'd ; but he is supreme , who is actually in power , and possest of the throne . and now let us take an estimate of our present affairs , by what hath been here said . it is certain , never prince had juster grounds of war , than this prince had . first , in respect of the true religion which was groaning under the growing tyranny of the church of rome : we had a king so bigotted to popery , that for it's propagation , he question'd not to break all that was most binding all promises of his own , and the laws of the land , which he swore to maintain ; so that he may very well be rank'd amongst those kings , whose saying is , let us break their bands asunder , and cast away their cords from us . but let me not reflect too much upon a person , who is yet upon several accounts to be respected by us , let us rather admire the goodness of god , who hath sent this prince , as another constantine , to deliver us from these impending ruines ; for we may well say , if the lord had not sent us this deliverer , they had swallowed us up alive , when they were so wrathfully displeased at us . secondly , he had just cause of war to defend his own right , which the adverse party laboured to debar him of : there was little good intended him , when strangers , papists , and jesuits , his profest enemies were set to manage affairs , and were acquainted with all the intrigues of court ; and yet neither he , nor any for him were in the least concerned , or taken any notice of . and when their young prince was to be born , they did so industriously conceal all things from him , that they might as well have sent him word , that they intended to cheat him . he had just cause therefore to vindicate himself , and his right , from the abuses of such insolent court-parasites , and impostors . and though it is true , he could claim no right by way of succession , as long as his father liv'd , yet , as a foreign prince , he might seek satisfaction for the affront , which was put upon him , by such underhand , and illegal dealings . thirdly , as the cause of his war was just , so the success was thereunto answerable : never prince was in an undertaking more apparently favour'd by heaven . but it were needless for me to enlarge upon all the happy occurences of this expedition , since the learned dr. burnet , who was an eye-witness of them all , hath allready done it in his sermon , which is allmost in every man's hand , and therefore i refer you to it . this i will only say , that never king came to a crown with less bloud-shed , with greater applause , and satisfaction of the people : and therefore since ( as i have made it appear ) even those who come illegally to a crown , are yet , when fully possest of it , to be own'd as supreme ; certainly king william , whose cause of war was so just , and so miraculously victorious , and whose proclamation over the whole kingdom was so joyous to all , that in all places where it was read , it may very well be said , the shout of a king was among them ; certainly ( i say ) he is supreme , he is of god's setting up . and then it must needs follow , that if he be supreme , the late king is not ; for there cannot be two supremes : and then it will follow again , that the oath of allegiance , and supremacy , which we took to the other king , is now quite out of doors , all supremacy , which was the ground of these oaths , being now quite lost in the late king. and then lastly , it will follow , that since king william is supreme , we are in duty bound to pay him all that honour , and service , which is due to a supreme ; and then since swearing of allegiance hath allways been own'd as due to the supreme power from the subject , it is our duty , when put upon it , to swear allegiance to him too : and therefore ( if i may be so bold to say so ) i look upon it as an errour in any ( to say no worse of it ) who refuse to doe it : as for my own part , as i have allways been obedient to my supreme , so i shall allways be obedient to to king william , and queen mary , whose supremacy over us i pray god long to continue . finis . by his highness a proclamation prohibiting horse races for six moneths. england and wales. lord protector ( - : o. cromwell) this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing c thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) by his highness a proclamation prohibiting horse races for six moneths. england and wales. lord protector ( - : o. cromwell) cromwell, oliver, - . sheet ([ ] p.) printed by henry hills and john field, printers to his highness, london : mdcliv. [ , i.e. ] reproduction of the original in the british library. eng horse racing -- law and legislation -- england -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no by his highness: a proclamation prohibiting horse-races for six moneths. england and wales. lord protector c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion op blazon or coat of arms ❧ by his highness : a proclamation prohibiting horse-races for six moneths . whereas notwithstanding the many eminent testimonies the lord in his providence hath given against the secret and mischievous plots , which have been laid and contrived by persons dis-affected to the peace and welfare of this commonwealth , in the timely discovery of them , whereby the same have been hitherto hindered from being brought to effect ; yet forasmuch as due care ought to be taken for preventing whatsoever may minister an opportunity to give any disturbance to the publique peace , his highness the lord protector being informed that several horse-races are appointed in divers parts of this common-wealth , and considering how great a concourse of people do usually frequent such meetings , and the evil vse made thereof by such ill-disposed persons as watch for opportunities to raise new troubles ; for the better preventing of the evils which may arise thereby to the people of this commonwealth , his highness by the advice of his council , doth hereby prohibit and forbid all horse-races , and all meetings of any persons whatsoever upon pretence or colour of any horse-races ▪ in any place within england or wales , for the space of six moneths , from the six and twentieth day of february , one thousand six hundred fifty and four . and doth hereby straightly charge and command , that no person or persons whatsoever , during the space of the said six moneths , from the said six and twentieth day of february , do appoint any horse-race , or do assemble or meet together upon , or by colour of any appointment of any horse-race , or be present at such horse-race , as they would avoid being guilty of the danger that may ensue thereupon , and as they tender the peace and security of this nation . and his highness doth likewise charge and enjoin all mayors , sheriffs , iustices of the peace , bayliffs , constables , and all other ministers of iustice , to use their utmost diligence and care , that all meetings upon pretence or colour of any horse-race or horse-races , during the time aforesaid , be prevented and hindred , as they will answer the contrary at their perils . and all officers and soldiers of the army , quartered or lying in or neer such place and places , are hereby authorized and required , upon notice , to be aiding and assisting to the said mayors , sheriffs , iustices , bayliffs , constables , and other ministers of iustice herein . given at white-hall the . day of february . london , printed by henry hills and john field , printers to his highness , mdcliv . an honourable speech made in the parlament of scotland by the earle of argile (being now competitor with earle morton for the chancellorship) the thirtieth of september . touching the prevention of nationall dissention, and perpetuating the happie peace and union betwixt the two kingdomes, by the frequent holding of parlaments. argyll, archibald campbell, marquis of, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing a thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) an honourable speech made in the parlament of scotland by the earle of argile (being now competitor with earle morton for the chancellorship) the thirtieth of september . touching the prevention of nationall dissention, and perpetuating the happie peace and union betwixt the two kingdomes, by the frequent holding of parlaments. argyll, archibald campbell, marquis of, - . scotland. parliament. house of lords. [ ], , [ ] p. printed by a.n. for i.m. at the george in fleetstreet, london : anno . the last leaf is blank. printers' device on title page (mck. ). reproduction of the original in the british library. eng speeches, addresses, etc., english -- early works to . scotland -- politics and government -- - -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason e _ ). civilwar no an honourable speech made in the parlament of scotland by the earle of argile (being now competitor with earle morton for the chancellorship argyll, archibald campbell, marquis of a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - jonathan blaney sampled and proofread - jonathan blaney text and markup reviewed and edited - pfs batch review (qc) and xml conversion an honourable speech made in the parlament of scotland by the earle of argile ( being now competitor with earle morton for the chancellorship ) the thirtieth of september . touching the prevention of nationall dissention , and perpetuating the happie peace and union betwixt the two kingdomes , by the frequent holding of parlaments . london printed by a. n. for i. m. at the george in fleetstreet , anno . my lords , what was more to bee wished on earth then the great happinesse this day wee enjoy , viz. to see his royall majesty our native sovereign and his loyall subjects of both his kingdomes so really united , that his majesty is piously pleased to grant unto us his subjects our lawfull demands concerning religion and liberties , and we his subjects of both nations cheerfully rendring to his majesty that dutie , affection , and assistance , which he hath just cause to expect from good people , and each nation concurring in brotherly amitie , unity , and concord , one towards the other . oh , what tongue is able to expresse the honour and praise due to that great and good god , who in these late commotions suffered not the counsels of either kingdome to despaire of the safetie of either common-wealth , but through his blessing to their painfull and prudent endevours hath wrought such an happinesse for us , that now after the great toyle and trouble which we have on both sides so long endured , wee may each man with his wife , children , and friends , under his own vine and fig-tree ( and all under his majesties protection ) refresh himselfe , with the sweet fruits of peace , which i beseech the lord of peace to make perpetuall to both nations . and to that end my earnest desires are , that all our best studies and endeavours may bee employed ( for some time ) in contriving and establishing such wholsome laws in both kingdomes whereby ( as much as in us lyes ) the opportunity and occasion of producing the like calamities as lately threatned both nations may for the future be prevented , if in any age hereafter such miscreants shall goe againe to attempt it . it is ( my lords ) notorious , that the late incendiaries that occasioned the great differences betwixt his majesty and his subjects took much advantage & courage by the too long intermission of the happy constitution of parliaments , in the vacancie of which they by false informations incensed his majesty against his loyall subjects , and by their wily insinuations extorted from his highnesse proclamations for to yield obedience to their innovations in the kirke , and patents for projects , whereby the poore subject was both polled and oppressed in his estate , and enthralled in his conscience : and thus by their wicked practices , his majestie was distasted , and his subjects generally discontented , in so much , that had not the great mercy of god prevented them , they had made an obstruction betwixt his majestie and his liege people , and had broken those mutuall and indissoluble bonds of protection and allegiance , whereby , i hope , his royall majestie , and his loyall and dutifull subjects of all his three kingdomes , will be ever bound together . to which let all good subjects say amen . my lords , the distaste of his majesty , nor discontents of his subjects , could never have come to that height they did ( nor consequently have produced such effects ) had not there bin such an interposition , by these innovators and projectors , betwixt his majestie our glorious sun , and us his loyall subjects , that his goodnesse appeared not ( for the time ) to us , nor our loyaltie and obedience to him . for no sooner was that happy constellation ( the parliament in england ) raised , and thereby those vaporous clouds dissipated , but his majesties goodnesse , his good subjects loyalty , and their treachery , evidently appeared . our brethren of england ( my lords ) finding the intermission of parlaments to be prejudiciall and dangerous to the state , have taken care , and made provision for the frequent holding of them : whose prudent example my motion is may be our pattern forthwith to obtaine his majesties royall assent , for doing the like here in this kingdome . by which meanes his majesty may in due time heare and redresse the grievances of his subjects , and his subjects ( as neede shall require ) chearefully aid and assist his majesty , and nor only the domestique peace and quiet of each kingdome bee preserved , but likewise all nationall differences ( if any happen ) may be by the wisdome of the assemblies of both kingdomes , from time to time composed and reconciled to the perpetuating of the happie peace and union betwixt both nations . finis . political aphorisms: or, the true maxims of government displayed wherein is likewise proved, that paternal authority is no absolute authority, and that adam had no such authority. that there neither is or can be any absolute government de jure, and that all such pretended government is void. that the children of israel did often resist their evil princes without any appointment or foretelling thereof by god in scripture. that the primitive christians did often resist their tyrannical emperors, and that bishop athanasius did approve of resistance. that the protestants in all ages did resist their evil and destructive princes. together with a historical account of the depriving of kings for their evil government, in israel, france, spain, portugal, scotland, and in england before and since the conquest. approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing h e estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) political aphorisms: or, the true maxims of government displayed wherein is likewise proved, that paternal authority is no absolute authority, and that adam had no such authority. that there neither is or can be any absolute government de jure, and that all such pretended government is void. that the children of israel did often resist their evil princes without any appointment or foretelling thereof by god in scripture. that the primitive christians did often resist their tyrannical emperors, and that bishop athanasius did approve of resistance. that the protestants in all ages did resist their evil and destructive princes. together with a historical account of the depriving of kings for their evil government, in israel, france, spain, portugal, scotland, and in england before and since the conquest. locke, john, - . two treatises of government. languet, hubert, - . vindiciæ contra tyrannos. defoe, daniel, ?- , attributed name. ferguson, robert, d. , attributed name. harrison, t. (thomas), fl. - . the third edition. [ ], , [ ] p. printed for tho. harrison at the west end of the royal exchange in cornhill, london : . variously attributed to daniel defoe, john locke, robert ferguson, and the printer, thomas harrison. the most complete discussion of this difficult issue may be found in: r. ashcraft and m.m. goldsmith, "locke, revolution principles, and the formation of whig ideology," historical journal , no. ( ): - . text consists of material plagiarized or adapted from a number of pamphlets including john locke's "two treatises of governement" and hubert languet's "vindiciæ contra tyrannos". copy cropped at head, affecting pagination. reproduction of the original in the bodleian library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng great britain -- politics and government, ( - ) -- early works to . political rights -- england -- early works to . political science -- philosophy -- early works to . - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - john latta sampled and proofread - john latta text and markup reviewed and edited - pfs batch review (qc) and xml conversion political aphorisms : or , the true maxims government displayed . wherein is likewise proved , that paternal authority is no absolute authority , and that adam had no such authority . that there neither is or can be any absolute government de jure , and that all such pretended government is void . that the children of israel did often resist their evil princes without any appointment or foretelling thereof by god in scripture . that the primitive christians did often resist their tyrannical emperors , and that bishop athanasius did approve of resistance . that the protestants in all ages did resist their evil and destructive princes . together with a historical account of the depriving of kings for their evil government , in israel , france , spain , portugal , scotland , and in england before and since the conquest . the third edition . london , printed for tho. harrison at the west end of the royal exchange in cornhill . . political aphorisms : or the true maxims of government displayed . it is evident that no rule or form of government is prescribed by the law of god and nature ; for that then they would be both immutable , and the self-same in all countries . for the better proof whereof , it is necessary to shew , how far government proceeds from nature , and how far from man ; to wit , that man is sociable , and inclined to live together in company , which proceeds from nature , and consequently also from god , that is author of nature ; from whence do proceed all private houses , then villages , then towns , then castles , then cities , and then kingdoms and common-wealths ( as aristotle saith in his book of politicks ) . tho government in like manner , and jurisdiction of magistrates , which does follow necessarily upon this living together in company , be also of nature ; yet the particular form or manner of this or that government , in this or that fashion , as to have many governors , few , or one , and those either kings , dukes , earls , or the like ; or that they should have this or that authority more or less , for longer or shorter time , or be by succession , or election themselves and their children , or next in blood : all these things ( i say ) are not by law natural or divine ( for then , as hath been said , they should be all one in all countries and nations ) for god said , gen. . . it is not good that man should be alone , i will make him an help-meet ( or assistant like unto himself ) : so that as this first society of our first parents was of god , and for so great purpose as the one to help and assist ( not destroy or inslave ) the other : so all other societies , as proceeding from this first , stand upon the same ground of god's ordinance , for the self-same end of mans utility or happiness ; all which is confirmed by the consent and use of all nations throughout the world ; which general consent cicero calleth ipsius vocem naturae , the voice of nature her self . for there was never yet any nation found either of ancient times , or of later days , by the discovery of the indies , or else-where , where men living together , had not some kind of magistrate , or superior to govern them ; which evidently declareth , that magistracy is also from nature , and from god that created nature ( though not in this or that particular form : ) which point our civil law doth prove in like manner , in the beginning of our digest , de origine juris civilis & omnium magistratuum , of the beginning of the civil law , and of all magistrates , which beginning is referred to the first principle of natural instinct , and god's institution . though common-wealths and government of the same by magistrates are of nature ; yet the particular forms or manner of governments are not of nature , but are left unto every nation and country to chuse what form of government they like best , and think most fit for the natures and conditions of the people . by the state of nature we are all equal , there being no superiority or subordination one above another ; there can be nothing more rational , than that creatures of the same species and rank promiscuously born to all the same advantages of nature , and the use of the same faculties should also be equal one amongst another , without god by any manifest declaration of his will had set one above another , and given him superiority or soveraignty . were it not for the corruption and viciousness of degenerate men , there would be no need of any other state ; for every one in that state being both judg and executioner of the law of nature , which is to punish according to the offence committed . men being partial to themselves , passion and revenge is very apt to carry them too far in their own cases , as well as negligence and unconcernedness makes them too remiss in other mens . this makes every one willingly give up his single power of punishing to one alone , of more , as they shall think most convenient , and by such rules as the community , or those authorized by them to that purpose , shall agree on , with intention in every one the better to preserve himself , his liberty and property . what is it but flattery to the natural vanity and ambition of men , too apt of it self to grow and increase with the possession of any power , who would perswade those monarchs in authority , that they may do what they please , because they have authority to do more than others ; since rational creatures cannot be supposed , when free , to put themselves into subjection to another for their own harm , which were to put themselves in a worse condition than in the state of nature , wherein they had liberty to defend their lives and properties against the invasions of any man or men whatsoever ; whereas by giving up themselves to the absolute arbitrary power of any man , they have disarm'd themselves , and armed him to make a prey of them when he pleases . i have been the longer in speaking of the state of nature , and the natural instinct to society and government , for that it is the fountain of all the rest that ensueth in a common-wealth ; but if we respect god and nature , as well might all the diversity of governments , which have been , and now are in the world , have followed one law , as so different , but that neither god , nor nature ( which is from god ) hath prescribed any of those particular forms , but concurreth or permitteth such which the common-wealth appoints . can any man say that god and nature did not concur as well with italy when it had but one prince , as now when it hath so many , and the like with germany , and also with switzerland , which was once one common-wealth under the dukes and marquesses of austria , and now are divided into thirteen cantons or common-wealths , under popular magistrates of their own ? england also was first a monarchy under the britains , and then a province under the romans , and after that divided into seven kingdoms at once , under the saxons , and after them of the danes , and then the normans , and then the french , and now a monarchy again under the english ; and all this by god's providence and permission , who suffered his own peculiar people the jews to be under divers manner of governments at divers times ; at first under patriarchs , abraham , isaac and jacob ; then under captains , as moses , joshua , and the like ; then under judges , as othoniel , ebud and gideon ; then under high priests , as eli and samuel ; then under kings , as saul , david , and the rest ; then under captains and high priests again , as zorobbabel , judas maccabeus , and his brethren ; until the government was lastly taken from them , and they brought under the power of the romans . and last of all that god does concur with what magistrate or magistrates the community thinks fit to appoint , is plain by the testimony of holy scripture , as when god said to solomon , by me kings rule , and nobles , even all the judges of the earth , prov. . . that is , by his permission they govern , tho chosen by the people ; and st. paul to the romans avoucheth , that authority is not but of god , and therefore he that resisteth authority , resisteth god , rom. . which is to be understood of authority , power and jurisdiction in it self according to the laws of every country . all politick societies began from a voluntary union and mutual agreement of men , freely acting in the choice of their governours , and forms of government . all kings receive their royal dignity from the community by whom they are made the superiour minister and ruler of the people . aristotle , cicero , augustin , fortescue , and all other politicians agree , that kingdoms and common-wealths were existent before kings ; for there must be a kingdom and society of men to govern , before there can be a king elected by them to govern them ; and those kingdoms and societies of men had ( for the most part ) some common laws of their own free choice by which they were governed , before they had kings , which laws they swore their kings to observe , before they would crown or admit them to the government , as is evident by the coronation-oaths of all christian and pagan kings continued to this day . the safety of the people is the supreamest law ; and what they by common consent have enacted , only for the publick safety , they may , without any obstacle , alter when things require it , by the like common consent . the lawful power of making laws to command whose politick societies of men , belongeth so properly unto the same intire societies , that for any prince or potentate , of what kind soever upon earth , to exercise the same of himself , and not by express commission immediately and personally received from god , or else by authority derived at first from their consent , upon whose persons they impose laws , it is no better than meer tyranny . laws they are not therefore , which publick approbation hath not made so . hooker's eccl. pol. l. . § . . whosoever ( says aristotle ) is governed by a man without a law , is governed by a man , and by a beast . as every man , in the delivery of the gift of his own goods , may impose what covenant or condition he pleases ; and every man is moderator and disposer of his own estate . so in the voluntary institution of a king , and royal power , it is lawful for the people , submitting themselves , to prescribe the king and his successors what law they please , so as it be not unreasonable and unjust , and directly against the rights of a supream governour . no man can be born an absolute king ; no man can be a king by himself ; no king can reign without the people . whereas on the contrary , the people may both be , and are by themselves , and are in time before a king. by which it appears that all kings were and are constituted by the people , because , by the law of nature , there is no superiority one above another ; and god has no where commanded the world , or any part thereof , to be governed by this or that form , or by this or that person ; therefore all superiority and authority must , and does proceed from the people , since , by the law of god and nature , there is no superiority one above another . aristotle saith , that the whole kingdom , city , or family , is more excellent , and to be preferred before any part or member thereof . succession was tolerated ( and appointed in the world ) to avoid competition , and inter-regnum , and other inconveniences of election . 't is plain , from what hath been said , that all government proceeds from the people . now i will prove that they have authority to put back the next inheritors to government , when unfit or uncapable to govern : and also to dispossess them that are in lawful possession , if they fulfil not the laws and conditions by which , and for which their dignities were given them ; and when it is done upon just and urgent causes , and by publick authority of the whole body , the justice thereof is plain ; as when the prince shall endeavour to establish idolatry , contrary to the laws of the land ; or any religion which is repugnant to the scripture , as popery , &c. or to destroy the people , or make them slaves to his tyrannical will and pleasure : for as the whole body is of more authority than the head , and may cure it when out of order ; so may the weal-publick cure or purge their heads , when they are pernitious or destructive to the body politick ; seeing that a body civil may have divers heads by succession or election , and cannot be bound to one , as a body natural is : which body natural , if it had ability to cut off its aking or sickly head , and take another , i doubt not but it would do it , and that all men would confess it had authority sufficient , and reason so to do , rather than the other parts should perish , or live in pain and continual torment : so may the body politick chuse another head and governour in the room of its destructive one ; which hath been done for many ages , and god hath wonderfully concurred therein ( for the most part ) with such judicial acts of the common-wealth against their evil princes ; not only prospering the same , but by giving them commonly some notable successor in place of the deprived , thereby both to justify the fact , and remedy the fault of him that went before . first , king saul was slain by the philistines by god's appointment , for not fulfilling the law and limits prescribed unto him . ammon was lawful king also , yet was he slain , for that he walked not in the way prescribed him by god , king. . and david and josiah were made kings in their rooms , who were two most excellent princes . shalum , pekahiah , and pekah , three wicked and idolatrous kings of israel , were , by god's just judgment , slain one after another . and all the kings of israel , who violated the covenant and conditions annexed to their crowns , did , for the most part , lose their lives , and underwent the utter extirpation of their posterities from the crown . rehoboham ( for only ) threatning to oppress the people , was deserted by them , who chose jeroboham his servant in his stead , which was approved on by god. if i should instance all the kings over the children of israel whom god permitted ( and appointed ) to be slain , and those that were carried away captive by the heathens for their unjust government , i should be too copious . but i will leave the hebrews , and give you several examples of the depriving of evil princes of the government , in france , spain , portugal , &c. and last of all in scotland and england ; and of the happiness and prosperity that did attend those kingdoms upon such acts , which can be imputed to nothing but the blessing of almighty god which attended those proceedings ; and by consequence he approved thereof , and does approve of such acts. there has been two great changes made of the royal line in france ; the first from pharamond to the line of pepin , the second from pepin to hugo capet . childerick the third was deprived for his evil government , and pepin was chosen king in his stead , whose posterity reigned for many years after him , and were brave kings , as history doth testify . lewis the third , and charles sirnamed le-gross , were both deprived by the states of france for their ill government , and such who were thought more worthy , appointed in their stead . all french histories do attribute to these great changes that have been made by the people , the prosperity and greatness of their present kingdom . henry the third , before he was king of france , was chosen king of polonia : but for departing thence without leave , and not returning at his day , was deprived by publick act of parliament . if i were to mention all the acts of this nature throughout europe , i should be too tedious , therefore i will mention only some few . in spain , flaveo suintila was deprived for his evil government , together with all his posterity , and sissinando chosen in his room . don pedro , sirnamed the cruel , for his injurious proceedings with his subjects , they resolved to dethrone him ; and to that intent sent for a bastard brother of his , named henry , that lived in france , desiring him to come , with some french men , to assist them in that act , and take the crown upon himself . which he did , by the help of the spaniards , and slew him in fight hand to hand , and so enjoyed the crown , as doth his off-spring to this day . this henry was a most excellent king , as well for his courage in war , as for his other brave qualities . in portugal , don sanco the second , was deprived , by the universal consent of all portugal , and don alanso his brother set up : who , amongst other great exploits , was the first that set portugal free from all subjection , dependance , and homage to the kingdom of castile . and his son , who was his successor , builded and founded above forty great towns in portugal : who was likewise a most rare prince , and his off-spring ruleth there to this day . cisternus , king of denmark , for his intolerable cruelty , was deprived , and his wife and three children disinherited , and his uncle frederick was chosen king in his stead , whose off-spring remaineth in the crown . in scotland , the nobility and gentry , &c. took arms against durstus their king , for his intolerable cruelty , and slew him and his confederates in battel , ( and put by his sons , lest they should imitate their father's vices ) and elected even , his brother , king ; who leaving a bastard son , the kingdom was conferred on him . crathy cinthus having surprized and slain donald for his tyranny , he was unanimously elected king. ethus was , for his evil government , deprived , and gregory made king in his stead . buchanan , a scots-man , speaking of his country , saith , that it was free from the beginning , created it self kings upon this very law , that the empire being conferred on them by the suffrages of the people ; if the matter required it , they might take it away by the same suffrages . of which law many footsteps have remained even to our age. i will end this narration with examples out of england , ( before and since the conquest ) archigallo , emerian , vortigern , sigibert king of the west-saxons ; beornred , and alured king of northumberland , were all deprived of their thrones for their evil government , and such who were thought more worthy preferred in their stead . king edwin being deprived for his unjust government , the crown was given to his brother edgar , who was one of the rarest princes that the world had in his time , both for peace and war , justice , piety , and valour : he kept a navy ( saith stow ) of three thousand and six hundred ships , distributed in divers parts for defence of the realm ; and he built and restored forty seven monasteries at his own charge , &c. the crown of england hath been altered by the community , and settled upon those from whom they expected more justice than from the right heirs ; witness the electing and crowning of edelwald and casebelian ; egbert not next in blood , edward , adalston , and harold , who were all illegitimate ; and edred , against the right of his two nephews , canutus a foreigner , and hardiknute , without title , and edward the confessor , against the right heirs . after the conquest , anno. . robert the elder brother was put aside , and william rufus , the third son of william the conqueror , was elected : after whose death , henry the first , his younger brother ( though not next heir ) was chosen by the people , not summoned by writ . after the death of henry the first , stephen was chosen king against the right of maud , the daughter of henry the first . after his death henry the second was admitted king , against the right of his mother maud. after the death of richard the first , king john ( earl of morton ) was elected , and arthur the right heir disinherited . henry the third was chosen against the right of eleanor prince arthur's sister . at the death of henry the third , the states of the kingdom met and setled the government , by appointing officers , and what else was necessary for the defence of the realm , and edward the fourth was set up by the people during the life of henry the sixth . now it is plain , that the kings and queens of england , ever since william rufus's time , have proceeded from those who were set up by the people against the next heirs . king edward the second , richard the second , and richard the third , were , for not governing according to the laws of the land , deprived of the government , and edward the third , and henry the fourth and seventh , were preferred in their rooms , which were most rare and valiant princes , who have done many important acts in this kingdom , and have raised many families to nobility , put down others , changed states both abroad and at home , altered the course of descent in the blood royal , and the like ; which was unjust , and is void at this day , if the changes and deprivations of the former kings were unlawful , and consequently all those princes that have succeeded them ( which yet never failed of a constant lineal descent ) were usurpers ; and those that do pretend to the crown of england at this day , have no title at all , ( which was yet never denied ) for that from those men they descended , who were put in the place of the aforementioned , deprived by the common-wealth : and this is , and hath been the custom and practice of all kingdoms and common-wealths , to deprive their princes for their evil government ; and that god hath , and does concur with the same , is plain from the examples before-mentioned , of the prosperity and happiness that hath attended those acts. the barons , prelates , and commons took a solemn oath , that if king john should refuse to grant and confirm their laws and liberties , they would wage war against him so long , and withdraw themselves from their allegiance to him , until he should confirm to them by a charter , ratified with his seal , all things which they required : and that if the king should afterwards peradventure recede from his oath , as they verily believed he would , by reason of his double-dealing , they would forthwith , by seizing on his castles , compel him to give satisfaction . he afterwards breaking his oath and promise , the barons said , what shall we do with this wicked king ? if we let him thus alone he will destroy us and our people ; it is expedient therefore that he should be expelled the throne , we will not have him any longer to reign over us : and accordingly they sent for lewis the prince of france , to be their king , and swore fealty to him , but they afterwards discovering that he had sworn that he would oppress them , and extirpate all their kindred , they rejected him , and set up henry the third . the bishops of hereford , lincoln , and several earls , barons and knights for each county , being deputed to go to edward ii , and demand a surrender of the crown , said to him , that unless he did of himself renounce his crown and scepter , the people would neither endure him , or any of his children , as their soveraign ; but disclaiming all homage and fealty , would elect some other for king who should not be of the blood ; upon which the king resigned his crown , &c. by the common usage of england , which is the common law of england , kings may be deprived for evil government , and others set up in their stead , is plain from the afore-going examples . richard the first being taken prisoner by the emperor in his return from the holy land , it was decreed , that the fourth part of all that year's rents , and of all the moveables , as well of the clergy as of the laity , and all the woolls of the abbots of the order of cistersians and of semphringham , and all the gold and silver chalices , and treasure of all churches , should be paid in towards the ransom of the king , which was done accordingly . if all this was given for the liberty of one man ; certainly much more ought to be given now , when all our liberties and properties , and even our religion too lies at stake , if necessity required it , which god forbid . by the law of nature , salus populi , the welfare of the people , is both the supream and first law in government , and the scope and end of all other laws , and of government it self ; because the safety of the body politick is ever to be preferred before any one person whatsoever . no human law is binding which is contrary to the scripture , or the general laws of nature . religion doth not overthrow nature , whose chiefest principle is to preserve her self ; and god doth not countenance sin in the greatest , but rewards the punisher , witness jehu , &c. the end for which men enter into society , is not barely to live , but to live happily , answerable to the excellency of their kind , which happiness is not to be had out of society . all common-wealths are in a state of nature one with another . as magistrates were designed for a general good ; so the obligation to them must be understood so , as to be still in subordination to the main end ; for the reason of all law and government is the publick good. government being for the benefit of the governed , and not for the sole advantage of the governours , but only for theirs with the rest , as they make a part of that politick body , each of whose parts and members are taken care of , and directed in their peculiar function for the good of the whole , by the laws of the society . the end of government being the preservation of all as much as may be , even the guilty are to be spared where it can prove no prejudice to the innocent . the publick power of all society is above every soul contained in the same society ; and the principal use of that power is to give laws unto all that are under it , which laws in such cases we must obey , unless there be reason shewed which may necessarily inforce that the law of reason or of god doth injoyn the contrary . hooker eccl. pol. l. . § . . t. cicero saith , there is one nature of all men ; that even nature it self prescribes this , that a man ought to take care of a man who ever he be , even for this very cause , that he is a man. if otherwise , all human consociation must necessarily be dissolved ; therefore , as there are two foundations of justice : first , that no hurt be done to any ; next , that the profit of all , if it can be done , be advanced . that all magistates and governours do proceed from the people , is plain from the following examples in scripture ; deut. . , . the children of israel are commanded to make judges and officers throughout their tribes . deut. . , . when thou art come into the land , &c. and shalt say , i will set a king over we , like as all the nations that are about me : thou shalt in any wise set him king over thee , whom the lord thy god shall choose : one from among thy brethren shalt thou set over thee ; thou mayst not set a stranger over thee . so god did only reserve to himself the nomination of their king ; by which he designed to make his people more happy than they could expect by their own peculiar choice ; he knowing the heart of man , and corruption of his nature , would be sure to nominate such who was most fit to govern his people . god did not require the jews to accept of him for king whom he should chuse , but left it to their own free will , whether they would accept him or no , is plain from the following examples . upon the death of saul , david was set up by the appointment of almighty god , yet there was only the tribe of judah that followed david and made him king , eleven tribes following ishbosheth , saul's son , whom they made king ; and though david had a long war against the house of saul , yet he calls them not rebels , neither do we find that god punished them , or sent any judgment upon them for not accepting of david as king ; and when rechab and banah had slain ishbosheth , and brought his head to david at hebron , saying , behold the head of thine enemy ! yet david , instead of rewarding them , caused them to be slain for killing of ishbosheth , whom he calls a righteous person , not a rebel : after whose death all those tribes came to david , and made a compact with him for the performance of such conditions which they thought necessary for the securing of their liberty before they made him king : sam. chap. , , , . the making of solomon king by david his father , was not thought sufficient without the peoples consent , else why did the people anoint solomon , and make him king the second time . we read , judg. . , , . that after gideon had slain zebah and zalmunna with the midianites , the children of israel said unto gideon , rule thou over us , both thou and thy sons , and thy sons son also ; for thou hast delivered us from the hand of midian . but he refusing their offer , they afterwards made his bastard-son abimelech king , though he had threescore and ten lawfully-begotten sons . zimri having slain baasha king of israel , reigned in his stead , but the children of israel hearing thereof , rejected him , and made omri the captain of the host king of israel , kings . , . the kingdom of edom appointed a deputy to rule over them instead of a king , and gave him royal authority , there being then no king in edom , kings . . see macchab. . , , . & . , . & . to . by which it is further apparent that their kings and governours were chosen by the people . as propinquity of blood is a great preheminence towards the attaining of any crown , yet it doth not bind the common-wealth to yield thereto , and to admit at hap-hazard every one that is next by succession of blood , ( as was falsly affirmed by r. l'estrange and many others , when the parliament would have disinherited the duke of york as unfit to govern this nation , he being a papist ) if weighty reasons require the contrary , because she is bound to consider well and maturely the person that is to enter , whether he be like to perform his duty and charge to be committed to him : for to admit him that is an enemy or unfit to govern , is to consent to the destroying of the common-wealth . see how god dealt in this point with the children of israel , sam. . after he had granted to them the same government as the other nations round about them had , whose kings did ordinarily reign by succession as ours do at this day , and as most of the kings of the jews did afterwards : yet that this law of succeeding by proximity of birth , though for the most part it should prevail , yet he shewed plainly that upon just causes it might be altered , as in the case of saul , who left behind him many children , yet not any of them succeeded him , except ishbosheth , who was not his eldest son , who was anointed king by abner the general captain of that nation , to whom eleven tribes followed , until he was slain ; and then they chose david . and jonathan , saul's other son , so much praised in holy scripture , being slain in war , his son mephibosheth did not succeed in the crown , though by succession he had much greater right to it than david ▪ god promised david that his seed should reign ( for ever ) after him — yet we do not find this performed to any of his elder sons , nor to any of their offspring , but only to solomon his younger and tenth son. rehoboam , the lawful son and heir of king solomon , coming to shichem , where all the people of israel were assembled together for his coronation and admission to the crown , ( for until that time he was not accounted true king ) who refusing to ease them of some heavy impositions which they had received from his father , ten tribes of the twelve refuse to admit him their king , and chose jeroboam his servant , and made him their lawful king , and god allowed thereof ; for when rehoboam had prepared an hundred and fourscore thousand chosen men , who were warriours , to reduce those ten tribes to the obedience of their natural prince , god commanded them to desist by his prophet shemaiah , and so they did . these and the like determinations of the people about admitting or refusing of princes to reign or not to reign over them , when their designments are to good ends , and for just causes , are allowed by god , and oftentimes are his own special drifts and dispositions , though they seem to come from man. he who is set up or made king by the consent of the people , hath a just title against the next heir of the blood and his issue , who are put by the crown ; else most of the princes now reigning in europe would be usurpers , and want good titles to their crowns , they or their ancestors being set up by the people , which were not the right heirs of the royal stock . the laws of the commonwealth is the very soul of a politick body . kings and emperors always have been , are , and ought to be subject to the laws of their kingdoms ; not above them , to violate , break or alter them at their pleasures , they being obliged by their coronation-oaths , in all ages and kingdoms , inviolably to observe them : for st. paul saith , a prince is the minister of god for the peoples good , and tribute and custom are paid to him , that he may continually attend thereto . the defence and procuration of the common-wealth is to be managed to the benefit of those who are committed , not of those to whom it is committed . a just governour for the benefit of the people , is more careful of the publick good and welfare , than of his own private advantage . allegiance is nothing but obedience according to law , which when the prince violates , he has no right to obedience . there is a mutual obligation between the king and people , which whether it be only civil or natural , tacit , or in express words , can be taken away by no agreements , violated by no law , rescinded by no force . a kingdom is nothing else but the mutual stipulation between the people and their kings . the supream authority of a nation belongs to those who have the legislative authority reserved to them ; but not to those who have only the executive , which is plainly a trust when it is separated from the legislative power ; and all trusts by their nature import , that those to whom they are given are accountable , though no such condition is specified . if the subject may in no case resist , then there can be no law , but the will and pleasure of the prince : for whoever must be opposed in nothing , may do every thing ; then all our laws signify no more than so many cyphers : and what are the law-makers but so many fools or mad-men , who give themselves trouble to no purpose ? for if the king is not obliged to govern by those laws that they make , to what purpose are the people to obey such laws ? whether another has right to my goods , or , if he demand them , i have no right to keep them , is all one . if the king sue me by pretence of law , and endeavour to take away my money , my house or my land , i may defend them by the law ; but if he comes armed to take away my liberty , life and religion , which are mine by the laws of god and man , may i not secure them with a good conscience ? every man has a right to preserve himself , his rights and priviledges , against him who has no authority to invade them : and this was the case of moses , who seeing an egyptian smiting an hebrew , he slew him . and samson made war upon the philistines for burning his wife and her father , who were both but private persons , who knew they could have no other kind of justice against them , but what the law of nature gives every man. we ought ( saith the learned junius brutus in his discourse of government ) to consider that all princes are born men. we cannot therefore expect to have only perfect princes , but rather we ought to think it well with us if we have gained but indifferent ones : therefore the prince shall not presently be a tyrant if he keep not measure in some things , if now and then he obey not reason , if he more slowly seek the publick good , if he be less diligent in administring justice . for seeing a man is not set over men as if he were some god , as he is over beasts , but as he is a man born in the same condition with them : as that prince shall be proud , who will abuse men like beasts ; so that people shall be unjust , who shall seek a god in a prince , and a divinity in this frail nature . but truly if he shall wilfully subvert the republick ; if he shall wilfully pervert the laws ; if he shall have no care of his faith , none of his promises , none of justice , none of piety ; if himself become an enemy of his people , or shall use all or the chiefest notes we have mentioned , then verily he may be judged a tyrant , that is , an enemy of god and men : and by how much longer he is tolerated , the more intolerable he becomes , and they may act against him whatever they may use against a tyrant either by law or just force . tyranny is not only a crime , but the head , and , as it were , the heap of all crimes ; therefore is he so much the more wicked than any thief , murtherer , or sacrilegious person , by how much it is more grievous to offend many and all , than particular persons . now if all these be reputed enemies , if they be capitally punished , if they suffer pains of death , can any invent a punishment worthy so horrid a crime ? the laws are the nerves and sinews of society ; and as the magistrate is above the people , so is the law above the magistrate , or else there can be no civil society . he who makes himself above all law , is no member of a common wealth , but a meer tyrant . if a magistrate , notwithstanding all laws made for the well-governing a community , will act plainly destructive to that community , they are discharged either from active or passive obedience , and indispensibly obliged by the law of nature to resistance . is it not reasonable and just i should have a right to destroy him who threatens me with destruction ? for by the fundamental law of nature , man being to be preserved as much as possible , when all cannot be preserved , the safety of the innocent is to be preferred ; i say , he who having renounced his reason , the common rule and measure god hath given to mankind , by endeavouring to destroy me , is thereby become as a beast of prey , and ought to be treated accordingly . the laws ( says tully ) are above the magistrates , as the magistrates are above the people . he who is destructive to the being of another , hath quitted the reason which god hath given to be the rule betwixt man and man of justice and equity , hath put himself into the state of war with the other , and is as noxious as any savage beast that seeks his destruction . no man in civil society can be exempted from the laws of it : for if there be no appeal on earth , for redress or security against any mischief the prince may do , then every man in that society is in a state of nature with him , in respect of him . thucidides l. . saith , not only those are tyrants who reduce others into servitude , but much rather those , who when they may repulse that violence , take no care to do it ; but especially those who will be called the defenders of greece and the common country , but yet help not their oppressed country . if a man may be a wolf to a man , nothing forbids but that a man may be a god to a man , as it is in the proverb . therefore antiquity hath enrolled hercules amongst the number of the gods , because he punished and tamed procrustes , busyris , and other tyrants , the pests of mankind , and monsters of the world. so also the roman empire , as long as it stood free , was often called the patrocine against the robberies of tyrants , because the senate was the haven and refuge of kings , people and nations . it is as lawful , and more reasonable , to prevent the overthrowing of our religion , laws , rights and priviledges , from any man or men whatsoever amongst our selves , as from a foreign power ; because one acts contrary to the laws of god and the country , and the other being not subject to the laws of the country , can be no ways bound by it . it was thought no injustice in the ship to cast out the prophet , when they found he was likely to prove the wrack of them all ; and the almighty shewed he approved of their act , by quieting the storm when he was gone . the scripture , that hath set us none but good examples , tells us , that some princes should not have one of their race left that pisseth against the wall : now what were their faults but idolatry and oppression of their people ? then how can it be a sin in a nation to free themselves from an idolatrous and oppressing king ? when it is done by the greatest and most considerable part thereof , it does silently imply a consent of god ; for it cannot be covetousness or ambition that moves such a multitude . when once the christian religion is become a part of the subjects property by the laws and constitutions of the country , then it is to be considered as one of their principal rights : and so may be defended as well as any other civil right ; since that those different forms of government that the jews were under , is no rule for the government of any nation or people whatsoever . the principles of natural religion give those who are in authority , no power at all , but only secure them in the possession of that which is theirs by the laws of the country . that cause is just which defends the laws , which protects the common good , which shall preserve the realm : and that cause is unjust which violates the laws , defends the breakers of the laws , protects the subverters of the country . that is just which will destroy tyrannical government ; that unjust which would abolish just government ; that lawful which tends to the publick good , that unlawful which tends to the private . but alas , that bug-bear dagon of passive obedience , is a notion crept into the world , and most zealously , and perhaps as ignorantly defended : here all our laws and decrees , by which we are governed , are of the peoples choice ; first made by the subject , and then confirmed by the king. here a king cannot take our sons and daughters , our fields and vineyards away , unless we please to give him them . where was the doctrine of passive obedience , when elisha prayed for blindness to come upon those who were sent by the king of syria to fetch him ? and when he commanded the door to be shut , and the messenger to be held fast who was sent for his head by the king of israel ? and when azariah , with fourscore valiant priests , thrust out vzziah , their lawful king , out of the temple ? and when elijah destroyed the two captains with fire from heaven , with the hundred men under their command , who were sent at twice , by king ahaziah , to fetch him ? and when the children of israel slew amasiah , their lawful king , for his idolatry , without any appointment in scripture , or prophecy of his downfal ? and yet that is no where called rebellion , neither were they punished by his son , whom they had made king in his father's stead . and when mattathias slew the king's commissioner , for compelling men to idolatry ? and when mattathias and his friends pulled down the altars which were adapted to idols , macc. . , . where was the doctrine of passive obedience when the edomites revolted from jehoram , and made themselves a king ? and libnah did also revolt , because of his evil government , chron. . without any appointment , or foretelling of their revolt by god in scripture , or being called rebels . and when saul's subjects swore that saul should not kill jonathan ; and they rescued him that he died not ? sam. . . and when david ( though a private man ) armed himself with six hundred men , no doubt but he designed to have fought saul and his army , if the men of keliah would have assisted him , and have been true to him ; when he enquired of the lord , whether the men of keliah would deliver him and his men into the hands of saul ? upon the lord 's answering , they would deliver them up , he and his men departed the city , sam. . can any man imagine their meaning was to run up and down the country together , and fly before saul and his army , if they had been able to cope with any number he could bring or send against them ? if resistance was unlawful , and a sin , surely david , a man after god's own heart , would have known it ; and then he would not have involved the six hundred men that came to his assistance in the sin of rebellion , but have told them , that the prince was not to be resisted , though never so great a tyrant . where was the doctrine of passive obedience , when constantine the great aided the oppressed christians and romans , against the tyranny and persecution of the emperors , maxentius and maximinius , with force of arms , with which he conquered those persecutors in several battels , fought against them at the christians earnest importunity ? and when the primitive christians resisted lucinius their emperor , for persecuting them contrary to law ; and constantine the great joined with them , who held it his duty , saith eusebius , to deliver an infinite multitude of men , by cutting off a few wicked ones , as the pests and plagues of the time. and when the primitive christians of constantinople opposed asper's being made emperor ; but leo being named , they consented thereto . an when the christians , under the king of persia , resisted him for persecuting them , and was assisted by theodosius the roman emperor , who told the king of persia , he was ready to defend them , and no ways to see them suffer for religion ? and when the christians of armenia the greater , made a league with the romans for the securing of their persons and their religion , against the persians under whom they lived ? and when the novatians , assisted by the orthodox , resisted and beat the macedonians , though they were assisted by constantius the emperor , with four thousand men to drive them from pap●lagonia ? and when the primitive christians destroyed julian's idolatrous temple in his reign ? where was the doctrine of passive obedience , when the lutheran churches defended themselves against the emperor charles the fifth ? and when the protestants austria took up arms , anno , against matthias king of hungaria , for denying them the free exercise of their religion ? and when queen elizabeth assisted the hollanders against their lawful soveraign ? and when she assisted the protestants of france , against their lawful soveraigns charles the ninth , and henry the third ? and when king charles the first , and the bishops and clergy of england assisted the protestants of france ? and when the protestant princes of germany invited gustavus adolphus , king of sweeden , to come into germany to assist the protestants against their lawful prince for persecuting them ? and when the protestants joined with him upon his arrival ? and when king charles the first assisted them with men from england ? so that , according to this christian doctrine of passive obedience , queen elizabeth , and king charles the first , with the bishops and clergy of england , and several other princes and states , have been guilty of st. paul's damnation ; for they that are aiding and assisting to rebels , are as guilty as those that are actually in it . lucifer calaritanus , a famous christian , wrote a book against constantius the emperor , which he sent him to read ; wherein he calls him , and his idolatrous bishops , blasphemers ; and charges him with inviting the christians to idolatry , and tells him , he ought to be put to death for so doing , by the command of god , in deut. . where god says , that he that ( but ) intices secretly to idolatry , shall be put to death . and this was approved on by the great bishop athanasius , and those christians that were with him , who calls it , the light of truth , the doctrine of the true faith : how came you ( says he to calaritanus ) to understand the sense and meaning of the scripture so perfectly , if the holy ghost had not assisted you in it ? now i would fain know , whether , he that is aiding and assisting towards the bringing in of idolatry , ( as the popish religion is ) is not as worthy of death , as he that only inticeth to idolatry ? and this is the case of many who call themselves of the church of england , who are for the restoration of king james , and by consequence of idolatry . surely if god had commanded the yoke of subjection to the tyrannical will of princes , 't is strange that neither the prophets , elisha and elijah , nor azariah , nor david with his followers , nor the jews under their kings , nor the primitive christians after their religion was established by laws , nor any of the reformed churches , should not have known this doctrine of passive obedience . in the barons wars , under simon of monfort , the king and his sons were taken prisoners ; but the prince escaping , fights simon and kills him : the historians of those times calls him not a rebel or a traytor , but a martyr for the liberties of church and state. if resistance be unlawful upon any account whatsoever , then were all those people guilty of rebellion , who in all ages have resisted or turned out their evil and destructive kings and governours ; and then the jews were guilty of this sin , for slaying and turning out several of their kings , without any appointment from god in scripture . so likewise the primitive christians did involve themselves under the guilt of st. paul's damnation , for resisting of their kings and emperors ; and likewise the christians in all ages since , who have resisted their princes by turning them out , &c. and then bishop athanasius , ( author of our creed ) and those christians with him , did also come under the guilt of st. paul's damnation , for approving of calaritanus's book , which , according to the doctrine of passive obedience , was a treasonable and rebellious book ; for the incendiaries to rebellion , are as guilty as they that are actually in it . and then all those princes that have been set up by the people , in the room of those whom they have turned out , ( for their evil government ) were usurpers ; and consequently all those who have succeeded them , where the descent of the blood is altered , are intruders , usurpers , and no lawful kings . were the doctrine of passive obedience , without reserve , a true doctrine , no doubt but we should have had a better account thereof than from a few court-divines , who have most learnedly interpreted the will and pleasure of the prince against the laws of nature , or of the country , to be the powers which st. paul requires obedience unto , under the pain of damnation . so by consequence the law ceaseth to be the powers ; then we are in a worse condition than in the state of nature . with what face can any man assert that passive obedience , without reserve , is the doctrine of the gospel ? which is charging god with as palpable a contradiction as any two things can be , it being diametrically opposite to the law of self-preservation , which is the law of nature , and the decree of the almighty , which law is sacred , and not to be infringed by any man. god never commanded any thing contrary to the law of nature , unless it were in the case of abraham in commanding of him ( as a tryal of his faith ) to offer up his son isaac . protection is the only cause of allegiance and obedience , is plain , from the example of david and his six hundred men , who were protected from saul and his army , by achish king of the philistines , who gave them ziklag to live in , and david and his men fought for the philistines against the geshurites , gezrites and the amalekites , and subdued them . david owed no allegiance to saul , who sought his destruction , is plain ; for when achish told david that he and his men should go with him to fight against the children of israel ; david offered his service , and said to achish , surely thou shalt know what thy servant can do . then achish said unto david , therefore i will make thee keeper of my head for ever . so david and his men went in the rear of the army ; and when the lords of the philistines would not let david and his men , fight for them , lest they should betray them into the hands of saul and his army , then david expostulated with achish , and said , what have i done ? and what hast thou found in thy servant , so long as i have been with thee unto this day , that i may not go fight against the enemies of my lord the king ? sam. chap. , , . this is a plain case , that david intended to fight saul and his army . now the intention of the mind is as bad as the act ; and yet it is no ways said , that david repented thereof , or of his arming the six hundred men ( before mentioned ) with design to fight his lawful soveraign king saul . the primitive christians took protection to be the only cause of allegiance : for when julian the apostate was chosen emperor of the romans , ( not by the free consent of the people , but ) by the souldiers , during the life of constantius the lawful possessor of the throne . the christians did not reckon themselves obliged to fight for constantius against julian ; for they troubled not their heads with the rights of princes . augustus , tho he had violently usurped the throne , yet he was confirmed in it by the people and senate of rome , who established it in his family by a long prescription , when st. paul's and st. peter's epistles were wrote , of obedience to the laws to kings and magistrates : so that we see that obedience was required to an usurper under the pain of damnation , when the government was confirmed to him by the people , that is , by the majority , for it cannot be thought by every body consented thereto . apolonius thyanaeus , writing to the emperor domitian , saith , these things have i spoken concerning laws ; which if thou shalt not think to reign over thee , then thy self shalt not reign . in matrimony , which is the nearest and strictest obligation of all others , by which those who were two , are made one flesh , if one party forsakes the other , the apostle pronounceth the party forsaked to be free from all obligation , because the party deserting violates the chief conditions of marriage , &c. cor. . . and shall not the people be much more absolved from their allegiance to that king who has violated his oath , and the laws of the land , the very cause for which they swear allegiance to him ? absolute monarchy is inconsistent with civil society ; and therefore can be no form of civil government , which is to remedy the inconveniencies of the state of nature . no man , or society of men , have power to deliver up their preservation , or the means of it , to the absolute will of any man ; and they will have always a right to preserve what they have not power to part with . no power can exempt princes from the obligation , to the eternal laws of god and nature . as no body can transfer to another more power than he has in himself , and no body has an absolute arbitrary power over himself , or over any other , to destroy his own life , or take away the life and property of another ; therefore a man cannot give such authority to any , or subject himself to the arbitrary power of another : for the law of nature is an eternal rule to all men , whose actions must be conformable to that law , which is the will of god. for the fundamental law of nature being the preservation of mankind , no human law can be good or valid against it ; and much less the will and pleasure of a prince against the law and custom of the country , which shall be prejudicial to the subject . as the happiness and prosperity of kingdoms depend upon the conservation of their laws ; if the laws depend upon the lust of one man , would not the kingdom fall to ruin in a short space ? but the laws are better and greater than kings , who are bound to obey them . then is it not better to obey the laws , rather than the king ? who can obey the king violating the law ? who will or can refuse to give aid to the law when infringed ? it is impossible any body in a society should have a right to do the community harm . all kings and princes are , and ought to be bound by the laws , and are not exempted from them , and this doctrine ought to be inculcated into the minds of princes from their infancy . let the prince be either from god , or from men , yet to think that the world was created by god , and in it men , that they should serve only for the benefit and use of princes , is an absurdity as gross as can be spoken ; since god hath made us free and equal : but princes were ordained only for the peoples benefit , that so they might innocently preserve human and civil society with greater facility , helping one the other with mutual benefits . in all disputes between power and liberty , power must always be proved , but liberty proves it self ; the one being founded upon positive law , the other upon the law of nature . with what ignorance do some assert , that adam was an absolute monarch , and that paternal authority is an absolute authority ? for that the father of a family governs by no other law than by his own will , and the father is not to be resisted by his child ? and that adam had a monarchical , absolute , supream , paternal power ? and that all kingly authority is a fatherly authority , and therefore irresistable ? and that no laws can bind the king , or annul this authority ? how could adam be an absolute monarch , when god gave him the herbs but in common with the beasts ? gen. . , . can it be thought that god gave him an absolute authority of life and death over man , who had not authority to kill any beast to satisfy his hunger ? certainly he had no absolute dominion over even the brutal part of the creatures ( much less over man ) who could not make that use of them as was permitted to noah and his sons , gen. . . where god says , every moving thing that liveth shall be meat for you ; even , as the green herbs , have i given you all things . is it not as reasonable to believe , that god would have cursed adam if he had killed his son abel , as cain for killing him ? cain was very sensible every one had , by the law of nature , a right to kill him for being guilty of blood , when he said , every one that found him should slay him , gen. . . god made no exemption to the greatest man living who should be guilty of innocent blood , when he said , he that sheddeth mans blood , by man shall his blood be shed , gen. . . neither noab or his sons were exempted from this great law ; and therefore could have no absolute authority : since god has no where given any man such authority , there can be no such authority ; for the community cannot make themselves slaves by investing such an authority in any man : should they do it , it is not binding , it being against the law of nature . if noah was heir to adam ( i ask ) which of noah's sons was heir to him ? for if by right it descended to all his sons , then it must have descended to all their sons , and so on ; if so , then are all men become equal and independent , as being the off-spring of adam and noah : if it descended only to the eldest , and so on , then there can be but one lawful monarch in the world , and who that is , is impossible to be found out ; so that paternal monarchical authority , take it which way you will , it comes to just nothing at all . where human institution gives it not , the first-born has no right at all above his brethren . no man has an absolute authority over the creatures ( much less over mankind ) because they were given ( for the use of all men ) as occasion should serve : should any man or men destroy them for their will and pleasure , beyond what is necessary for the use of man , or for his preservation , it would be a sin , and therefore could be no authority ; for god authorizes no man to commit a sin , tho he often permits it . the law of god and nature gives the father no absolute dominion over the life , liberty or estate of his child , and therefore he can have no absolute authority ; and where there is no absolute authority , there can be no absolute subjection due . there is an eternal obligation on parents to nourish , preserve , and bring up their off-spring , and under these circumstances obedience is due , and not otherwise . what is a father to a child more than another person , when he endeavours to destroy him ? nay , is he not so much the more odious as the act is more barbarous , for a father to endeavour to destroy his own off-spring , than for another person endeavouring it ? certainly in such a case no passive obedience can be due , it tending to his destruction ( not for his good ) which is no fatherly act , and therefore not to be submitted to . he that lets any person whatsoever destroy him , when it is in his power to preserve his life by defending himself , does tacitly consent to his own death , and therefore is guilty of his own blood as well as he that destroys him : whereas by defending himself , there can be but one guilty of blood , ( which is the invader ) in which defence , if he kills the other , his blood lies at his own door : by which it follows , that passive obedience to unjust violence is a sin , but resisting such violence is no sin , but the duty of every man. the first duty that i owe is to god , the second to my self in preserving my self , &c. the third to my parent and soveraign , in obeying them in all things reasonable and lawful . by all the precepts in scripture which require obedience to parents , homage and obedience is as due to the one as to the other ; for 't is nowhere said , children obey your father , and no more ; the mother is mentioned before the father in lev. . . ye shall fear every man his mother , and his father . sure solomon was not ignorant what belonged to him as a king , or a father , when he said , my son , hear the instructions of thy father , and forsake not the law of thy mother : and our saviour says , matth. . . honour thy father and mother . and ephes . . . children , obey your parents , &c. if paternal authority be an absolute authority , i ask , whether it be in the eldest of the family ? if so , whether a grandfather can dispense with his grand-child's paying the honour due to his parents by the fifth commandment ? 't is evident in common sense , the grandfather cannot discharge the grand-child from the obedience due to his parents , neither can a father dispense with his child's obedience due to the laws of the land ; therefore the obedience required to parents in scripture is not to an absolute authority , for there can be no absolute authority where there is an authority above it . with what folly and ignorance do some assert , that the kings of england are absolute , as proceeding from william the conqueror ? to which i answer , that a conqueror has no right of dominion ( much less any absolute authority ) over the wife and children of the conquered , or over those who assisted not against him . conquest may claim such a right as thieves use over those whom they can master , which is a right of tenure , but no tenure of right . conquest may restore a right , forfeiture may lose a right , but 't is consent only that can transact or give a right . there is no other absolute power , than over captives taken in a just war. if the possession of the whole earth was in one person , yet he would have no power over the life or liberty of another , or over that which another gets by his own industry , for propriety in land gives no man authority over another . william the conqueror made a league or compact with the nobles and lords of the land , to the performance of which , he takes an oath to observe the ancient laws of the realm , established by his predecessors the kings of england , and especially of edward the confessor ; as likewise did henry the first , with the emendations his father had made to them . stephen who succeeded henry , made a compact , and promised a meloration of their laws according to their minds . william rufus , henry the first , and stephen get the consent of the people by promising to grant them their usual laws , and ancient customs . henry the first , richard the first , king john , and richard the second , oblige themselves at their coronations to grant them , and then the people consented to own them as their king ; and richard the first , and king john were conjured by the arch-bishops not to take upon them the crown , unless they intended to perform their oaths . if any king refused so to do , the nobles thought it their concern to hinder his coronation , till he had either made or promised this engagement . what can be more absurd than to say , that there is an absolute subjection due to a prince , whom the laws of god , nature and the country , have not given such authority ? as if men were made as so many herds of cattel , only for the use , service and pleasure of their princes . but some do object , that the anointing of kings at their coronations makes their persons sacred , unquestionable and irresistable , for any tyrannical or exorbitant actions whatsoever . to which i answer , that every christian's ▪ baptism is a sacrament of christ's institution ; a spiritual unction and sanctification which makes a person as sacred , yea more holy than the anointing of kings can or doth of it self , ( that being no sacrament ) a truth which no christian can , without blasphemy , deny : and yet no christian is exempted from resistance , censure , or punishments , according to the nature of his crime ; and therefore the anointing of kings at their coronations cannot do it ; it being a ceremony of the jews , not instituted by christ , or any ways commanded to be continued by the apostles , or their successors ; it signifying only the chusing or preferring one before another , and so became the ceremony of consecrating to any special office , and so was ordinarily used in the enstalling men to offices of any eminency . the reign of a good king resembles that of heaven , over which there is but one god , for he is no less beloved of the vertuous than feared of the bad ; and if human frailty could admit a succession of good kings , there were no comparison , power being ever more glorious in one , than when it is divided . 't is not the title of a king , but the power ( which is the laws ) which is invested in him , which makes the difference betwixt him and other men in the executing of this power : his person is sacred , and not to be resisted , he being above every soul contained in the same society , and therefore cannot be resisted , or deprived of his office by any part , or by the whole community , without the greatest sin of robbery and injustice imaginable . if a government ( say some ) may be disturbed for any unlawful proceedings of the governour , or his ministers , how can any government be safe ? to which i answer , that it is not lawful for every private man to fly into the bosom of his prince , for he is no competent judg , be he of never so great a quality ; else a king was the most miserable man living , lying at the mercy of every desperate fellow's censure . it is impossible for one , or a few oppressed men , to disturb the government , where the body or the people do not think themselves concerned in it , and that the consequences seem not to threaten all ; yea when it does , yet the people are not very forward to disturb the government ; as in king charles the second's time , when the charters were condemned , and seized upon in order to make us slaves , and the laws perverted to the loss of many innocent lives , and many other oppressions too many to insert , and yet no body offered to disturb the government ; i say , till the mischief be grown general , and the designs of the rulers become notorious , then , and then only , will the people be for righting themselves . whosoever , either ruler or subject , by force goes about to invade the rights of either prince or people , and lays the foundation for overturning the constitution and frame of any just government , he is guilty of the greatest crime , i think , a man is capable of , being to answer for all those mischiefs of blood , rapine and desolation , which the breaking to pieces of governments brings on a country ; and he who does it , is justly to be esteemed the common enemy and pest of mankind , and is so to be treated accordingly ; and how far the late king james was guilty of this , i leave the world to judg . finis . the author's advertisement . just as i had finished this book , i received a reply to my former book , which i thought to have answered ; but finding the arguments to be frivolous and weak , and my necessary avocations allowing me but little time , therefore i forbore answering it . advertisements . the doctrine of passive obedience , and jure divino disproved . price d. the letter which was sent to the author of the doctrine of passive obedience and jure divino disproved , &c. answered and refuted . wherein is proved , that monarchy was not originally from god. that kings are not by divine appointment , but that all government proceeds from the people . that the obedience required in scripture , is to the laws of the land , and no otherwise . that resisting of arbitrary power is lawful . that the oath of allegiance to the late king james was dissolved before the prince of orange ( our present king ) landed . that upon the non-performance of an oath on one side , the other becomes void , is plainly prov'd from several examples in scripture . that protection is the only cause of allegiance ; and that obedience or allegiance is due to the present government , is proved from scripture , law and reason : and those texts of scripture which relate to government , of monarchy , are explained . price stitch'd d. both written by the same author , and printed for tho. harrison . agreement betwixt the present and the former government, or, a discourse of this monarchy, whether elective or hereditary? also of abdication, vacancy, interregnum, present possession of the crown, and the reputation of the church of england ; with an answer to objections thence arising, against taking the new oath of allegiance, for the satisfaction of the scrupulous / by a divine of the church of england, the author of a little tract entituled, obedience due to the present king, nothwithstanding our oaths to the former. fullwood, francis, d. . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing f estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) agreement betwixt the present and the former government, or, a discourse of this monarchy, whether elective or hereditary? also of abdication, vacancy, interregnum, present possession of the crown, and the reputation of the church of england ; with an answer to objections thence arising, against taking the new oath of allegiance, for the satisfaction of the scrupulous / by a divine of the church of england, the author of a little tract entituled, obedience due to the present king, nothwithstanding our oaths to the former. fullwood, francis, d. . [ ], [i.e. ], [ ] p. printed for a.c. and are to sold by charles yeo ..., london : . attributed to fullwood by wing and nuc pre- imprints. "licens'd. sept. , . j. fraser." errors in paging: page numbers - skipped in the numbering . errata: p. . advertisement: p. [ ] at end. imperfect: stained. reproduction of original in the bodleian library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng great britain -- history -- william and mary, - . great britain -- politics and government -- - . - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - john latta sampled and proofread - john latta text and markup reviewed and edited - pfs batch review (qc) and xml conversion agreement betwixt the present and the former government : or , a discourse of this monarchy , whether elective or hereditary ? also , of abdication , vacancy , interregnum , present possession of the crown , and the reputation of the church of england . with an answer to objections , thence arising , against taking the new oath of allegiance . for the satisfaction of the scrupulous . by a divine of the church of england , the author of a little tract , entituled , obedience due to the present king , notwithstanding our oaths to the former . licens'd , sept. . . j. fraser . london , printed for a. c. and are to be sold by charles yeo , bookseller in exon , . the contents of the chapters . chap. i. an introduction grounded on a general maxim , that unnecessary changes in government are to be avoided as dangerous . page . chap. ii. the chief maxims insisted upon as prejudiced by the late settlement . p. . chap. iii. the government , whether elective or hereditary , and how . p. . chap. iv. of vacancy , and the supposed interregnum thereupon , by the late king's abdication . p. . chap. v. of abdication . p. . chap. vi. of vacancy and interregnum . p. . chap. vii . of the convention , and how it became a parliament . p. . chap. viii . arguing from the possession of the crown . p. . chap. ix . whether a king can make laws , limiting the crown . p. . chap. x. the honour of the church of england , no just ▪ objection against our taking the new oath . p. . the appendix : the objection from the word allegiance considered . p. . postscript . p. . to the reader . scruple is an ague of the mind , it sometimes shakes it , and sometimes heats and disturbs the brain : if the matter be unknown to the patient and to doctors , we are not certain of the cure ; and the less , if the stomach be untoward , and the appetite averse to medicine : in such a case , various methods used to be tried , and remedies prescribed ; but through ignorance of the cause , or some latent obstruction , skill it self , a long time is thrown away ; at length perhaps a vulgar medicine , given at a venture , hits the distemper , and works the cure. after many learned doctors charitable endeavours to deobstruct and ease some good mens minds , that are shaken with scruples about the new oath of allegiance , hitherto in vain , ( if it be yet in vain ) ; though i cannot boast of my skill , i make bold to trie a new practice upon them . and i hope my good reader hath the like reverence and value , for the worthy persons that yet labour under ( may i call it ) the disease , and the same zeal and affection for the health and quiet of the body politick , that i my self have , and doth join with me , while i do heartily ( that which i fear physicians seldom do ) pray over my patients for a blessing from the great physician . chap. i. an introduction grounded in a general maxim. the general maxim , vnnecessary changes in government are to be avoided as dangerous . upon any great revolution it seems much the concern of the new state , so to settle the government , as may offer least matter or occasion of discontent to the people , and consequently to make as little alteration in the former maxims and customs , ( that is , in the old constitution ) as is possible , lest the old leaven should work again to the prejudice of the new establishment . we may observe in our own history , that such publick grievances as from time to time have been objected by the people to the disquieting , and sometimes hazarding of the government , have generally been aggravated with the charge of innovation , as being contrary to our ancient liberties , rights and customs ; and for some ages in instances infringing magna charta , that great record of the subjects priviledges , and codex of our ancient and common law , in which much of our old and happy constitution consists ; indeed any alteration in our constitution seems to shake the foundation , and frightens the people like an earthquake . this maxim is commended by three great and well-known examples . . our saviour's . this caution was sanctified after a marvellous manner by the wisdom of god in our great examplar : our blessed saviour , we know , was sent into the world to put the church into a new frame ; now in his so doing , did he reject all that was old , or leave out any thing that might be any way serviceable in the new ? is it not remarkable , that he did resume and make use of as many of the old materials as could possibly be accommodated to the edification of the gospel-church ? did he not take both the sacraments , did he not collect the very petitions of his prayer out of the former usage , and allude much in the new government to be established to that which he found in the old ? did he not preach and expound upon the law of moses , and the ancient prophets , and appeal for his defence and justification to their own books ? indeed he seems to have left out nothing of the old dispensation but what was inconsistent with the new , namely , that which was typical and expired in the truth , and that which was purely judicial , and therefore ceased with the temporal government of the jews , which our saviour was not then come to take upon him . now , was not all this accommodation of our saviour to moses wisely as well as graciously contrived , that the people , for whose sakes he was first sent , might not be offended , or startle and flie from him upon the scandal of innovation ? yea , so tender was our saviour of them in this point , that during his whole life , both he himself , and his disciples by his commission , addressed only to the jewish nation ; that the greatest scandal by the call of the gentiles might be avoided , and they might still appear to be god's peculiar people , while there was any the least hopes of them . according to their lord's method and example , we afterwards find his apostles in a great council , held and decreed it as a necessary thing for some time to retain and to practise some legal ceremonies , even after they were all really abolish'd in the death of christ , that if possible they might thus gain , that is , reconcile the stubborn people to the new establishment , or at least , leave them without excuse . afterwards , the fear that possessed the christian and believing jews of too great alteration to be made by the gospel , occasion'd that sober advice we reade of in acts . , , , . of the church to st. paul , thou seest , brother , how many thousands of jews there are which believe , and they are all zealous of the law : and they are informed of thee , that thou teachest all the jews which are amongst the gentiles , to forsake moses , saying , that they ought not to circumcise their children , neither to walk after the customs . do therefore this that we say unto thee . — that all may know that the information against thee is nothing , i. e. of no moment ; but that thou thy self walkest orderly , and keepest the law. . of the church of england in the reformation . upon this ground some have thought it a point of commendable prudence in the church of england , that her reformation at first , proceeded with so much moderation , and no greater alteration , either in the service or government of this church ; whereby she quieted the minds , and drew into her communion so many of the moderate papists , both in the reign of edw. . and in the beginning of q. elizabeth's ; and whereby , thrô the wonderful mercy of god , she hath been so long preserved , even in the midst of her enemies on both sides . moderata durant . and since that you have her candid apology to this purpose in these words ; accordingly we find ( saith her preface before the liturgy ) that in the reigns of several princes since the reformation , the church upon just and weighty considerations hath yeilded to make such alterations in some particulars , as in their respective times were thought convenient : yet so , as that the main body and essentials of it ( as well in the chief materials , as in the frame and order thereof ) have still continued the same unto this day . and we may remember , that when some furious zealots for popery made a commotion and rebellion in the time of king edward . their pretence was , that there were great and intolerable alterations in religion ; and that in their wisdom , the king and his council thought it a proper course to allay their heats , and to pacify and reduce them to obedience , to let them know how small and few the alterations complained of were ; and that their service before in latin was now made english , that they might understand it . the reformation in england was carried on without affectation of novelty , though it justly abandon'd the former superstitions and idolatry . . the example of william called the conqueror . this like policy is observable in william the first : for though the success of his arms , carried the colours of a conqueror ; yet he seem'd unwilling to trust wholly to that title : he shook all indeed , but endeavour'd too , that things might go back as they could , and settle more firmly upon the old basis . he therefore added to , or rather seconded his sword with a pretence of right to the crown ; jure haereditario vel testimentario ; and then , afterwards , they say , he proceeded to accommodate the administration of his government to the humours of the english people , and the ancient rights and customs ; i mean so , as the time and present state of things would give way : so that whatever his title was , he accounted the satisfaction of his people the best security to his quiet government . certainly something he did to this purpose , since we find it disputed by some learned men , whether this william the first , was king by conquest or compact . petit. brady , and others . if the former maxim be allowed , i may have leave to apply it to our present establishment , in two inferences . first , seeing , as we have heard , upon such revolution , a departing from the former constitution ( beyond what is necessary in the very reason of the change ) is to be avoided as unsafe or dangerous ; we hence seem to owe that charity , yea that justice and that honour to those great and wise instruments in our late revolution , as to presume they have done it with prudence agreeable to that great maxim ; that is , that at least they intended not therein to depart farther from our former state , or to alter any of our allowed maxims or customs , that lie at the bottom of our ancient constitution , as our common law ; i mean , beyond such necessity , or beyond what hath been declared by the king and parliament . for if any thing contrary or dissonant to our rule was discours'd in some previous ▪ debates before the settlement was made , and all such debates were determined in the law ; i say , if any such things then happen'd , they ought not now to be remembred or mention'd as other than the motion of particular and private persons ; and by no rule can they be thought to pass into , or any way affect the publique state , as 't is now settled by laws exclusive of them . again , if any thing should yet be thought doubtful in the laws or method of our present establishment , methinks by the help of the same rule , all such doubts may be speedily resolv'd ; i mean by an interpretation favourable of our former state. especially if it be seriously weighed , how far such a sense may contribute to the quiet of the minds of a multitude of men among us , that perhaps are too fond of old , and averse to new things . but principally , for the saving of the wisdom and honour of our governors ; and the better securing the government , upon a tried basis ; and the more firmly rivetting it in the affections and satisfactions of the generality of the kingdom . this is considerable , when unanimity and unity by such satisfaction , cannot but be thought at least expedient for our common preservation from the subtile designs and threatning attempts of our enemies . pardon me if i make bold to demand , why the general sense of publique danger by means of the offence so many take from the disagreeableness of too strict an interpretation of some doubtful words and practices , touching our present settlement from our former ; why may not , i say , so general a sense and fear in the people , who were represented in the settlement , be modestly thought to have some right to reconcile such doubts ( if such are left and not fully cleared by our law-makers ) to a sense more agreeable to our former constitution , and as near as may be . at least , where the law is not express , it cannot in reason be interpreted by private persons to such a sense as is counter to general satisfaction , and the publique safety , both of the king and kingdom ; and this we have heard is hazarded by forsaking the old beyond necessity ; and laying too much stress upon a new foundation . we ought to be wary of wresting words or things that seem doubtful , especially about government , to such ill consequences , as the cherishing faction , the disturbance of loyalty , the reproach of our rulers , the scandal of the law , and the unsetling of the new establishment , wherein all our civil and religious interests are undoubtedly concern'd . secondly , from the premises i must infer , that an essay to reconcile our present state with the former , is at least pardonable , if not reasonable and expedient , not to say necessary . here i am incouraged to lay the ground of my apology , for this bold adventure , and i hope no peaceable or good man will be offended , much less any of our rulers be provoked , with a modest and well-meant endeavour to prevent much harm , and to do a great deal of good in my opinion . if i am mistaken , humanum est ; but i am sure i intend well , and pursue a good intention sincerely according to my own apprehension : this satisfies my self , and methinks it should offend no body . but i must speak plain ; for if unnecessary alterations in the frame of government be indeed dangerous , and we find an evil surmise and groundless suspition hereof with respect to our late revolution , already fermenting among us , and spreading the sowrness of dissatisfaction , discontent , and ( i fear ) faction , over too great a part of the nation , and prevailing so far , as to dishearten our friends , to animate our foes , to increase our fears , to continue our troubles , and almost shake the establishment . if matters are thus with us , i must have leave to say that a man can hardly do better service to the publique at this season , than by endeavouring to remove such popular mistakes about the method of our present settlement , and the nature of the government , as seem to have such malevolent influences , and unhappy effects . now i conceive this is to be done in a good measure , by shewing that the alterations from our former state made in the present government , are not so great or many as our discontented men imagine , and our enemies suggest . but if it be made evident , that in a fair and charitable construction of things , we stand firm upon the same basis we ever did ; and that the constitution of the kingdom founded in our ancient maxims and customs , with respect to our government , is not alter'd or touch'd by the late revolution ; i say , if this can be effected , i am apt to think many doubting and scrupulous persons among us , may be satisfied , and happily reconciled to a better opinion of the present government , and a more cheerful submission to it . if i knew any better argument to justify our rulers , to vindicate the government , to establish the kingdom in peace and safety , and to defeat the designs and forces of our enemies ( who live and are mighty ) than this before us , i would certainly use it the best i could ; but i have no better , therefore i crave acceptance of this my apology , and leave to adventure upon my task . chap. ii. the chief maxims insisted upon as prejudiced by the late settlement . it may run in the minds of some scrupulous persons , that there are old maxims that lie at the root or foundation of the kingdom of england ; and that these are destroyed , or subverted by the new model ; and consequently the constitution of the government is quite alter'd . those old maxims may be thought to be such as these . . that the government in england is hereditary . . that it admits not of an interregnum . . that nothing binds the people of england , but an act of parliament . now perhaps 't is thought that the government is now made elective , and therefore is not hereditary . again , that it having been declared , that by the late king's abdication there was a vacancy in the throne , therefore an interregnum was admitted . lastly , that this new change was made by a convention , and not by a legal parliament , and therefore we are not bound to own it . such kind of suggestions as these , i fear have created shyness and aversion in many good men from a due recognition of the present government ; if we can make it appear , that in truth they are vain and groundless , i hope all good men will be easily entreated to lay aside that aversion , and be sweetned to a better compliance , both for the sake of the publique , and their own . we proceed to consider every one of them in order , and the several grounds or reasons they seem built upon , and whence they are alledged and objected . chap. iii. the government , whether elective or hereditary , and how . it may be thought by some , that by the late change , the government is made elective , and therefore is altered , and is no longer hereditary , as it was before . the vanity of this argument appears , if we make good these two propositions . st . our government was never so absolutely hereditary as to exclude election in all respects . dly . in our late settlement , there was nothing done in prejudice of our hereditary government . prop. . the first of these propositions , viz. that our government was never so absolutely hereditary , as to exclude elections in all respects , appears , first , because all along in our histories , we find the words [ election and elected ] used as previous to the crowning of our ancient kings . some of them came to the crown without any colour of title . some , though not next in blood , by the nomination of the last king. some only as being next in blood , without such nomination . and lastly , some both by proximity of blood , and by the nomination or testament of the predecessor . now if in history all these are said to be elected , certainly we have no reason to be offended with the word , or imagine that our government abhors all kind of election . but this is plainly acknowledged by the industrious dr. bradie , while he is in pursuit of the hereditary succession ; the saxon expression , saith he , concerning succession and successor , is always the same , feng to rice , render'd usually successit , electus est , he took possession of the kingdom , he succeeded , he was chosen , &c. hist . of success . p. . edgar left his son heir of the kingdom , and the great men chose him ( elegerunt ) as his father commanded . harold , henry . and k. stephen obtained the crown ( they say ) by fraud and violence ; yet by several old monks are said to be elected . they said some of our kings that had undoubted hereditary titles , were elected , so k. henry . ab omnibus electus ; so likewise k. john and richard . are said to be chosen , as he observes in his parallel , p. . but to do the doctor right , i confess he contends earnestly , that however the words were used in such cases , indeed there was no such thing as election or proper election of any of those kings ; and that election signified only recognition , applause or proclamation , and sometimes only a forc'd submission ; at least they were never chosen by the community of the people , as they are now understood , but by the great men of the kingdom . but that controversy i leave betwixt the doctor and his adversaries ; observing only for my present purpose , that our ancient kings , both saxons and normans , are in the chronicles of england frequently said to have been chosen or elected . so much for the word : and now with the peace of the ingenuous and laborious man lately mention'd , i would modestly enquire whether we find not some stroaks in our history of a real election of our kings in some instances at least , so far as to interrupt the strict opinion of hereditary succession . and here i have no need to assert the election of the people , or go off from the doctor 's own ground or concession , either about the ancient practice , or the declared judgment of the kingdom . . in the saxons time , the doctor saith , he hath discovered a sure rule of succession ; but this was double , either right of blood , or the nomination of the preceding king ; 't is confess'd then that right of blood was not the only rule : hence he lays down his ordinary distinction of jus haereditarium and jus testamentarium ; yea he tells us , that the testamentary heir , that is , one that comes to the crown by the last king's will , tho not next in blood , is said to inherit . but to apply this distinction , methinks it doth two great things ; it first , plainly yields the cause so far , as to the necessary descent of the crown in proximity of blood : secondly , it gives a shadow at least of election , if not in the people , yet in the king , if by his last will he might pass by the next in blood , and name ( that is , properly to chuse ) another to succeed him in the throne . besides , if this was anciently done , both frequently and lawfully , where shall we found hereditary government in the strict sense of it in the constitution of the kingdom ? or how shall we defend it from being in no wise elective ? yea , if the king himself upon some considerations might chuse his successor , and set aside the next in blood , without wronging him , certainly upon great considerations , the like may be done by both the king and people . and we find that testamentary heirs of the crown , tho they were indeed named by the king , are said to be chosen by the people , and yet are also said to inherit ; and if we observe it narrowly , we shall easily note , that the words hereditary and elective , with respect to the government , are some-times confounded in history ; successione haereditariâ eligere , was no contradiction . the testament of ethelwoph , florence of worcester calls it epistola haereditaria ; by which it is said , he set aside his own two sons , as the doctor notes , p. . where he tells us moreover , what the law of succession , as well as the practice then , was ; the saxon kings , saith he , might appoint a brother's son , or a bastard , to succeed them , before their own lawful issue . but to come a little closer : i may demand where , when , or how this maxim [ that the crown of england is necessarily annex'd to proximity of blood in the royal family ] came to be of the foundation or constitution of our government ? that it was never made so by custom , or any other law , or by any other means , the learned doctor yields us , by his refuge in a testamentary heir . i am assured under the hand of a very learned lawyer , who is a great friend of the hereditary monarchy , that this maxim ( in contradiction to the former ) [ the crown was alienable and devisable ] was retained , and never contradicted until the resignation of k. john : and since that time how hath it been contradicted or denied either in practice , or the declared judgment of the kingdom ? it is evident enough what the sense of the king and parliament was in henry th's time , and since in queen elizabeth's , and since that in our late parliaments . and nothing to the contrary can i think be fairly inferr'd , either from that act of hen. . that limited the succession of the crown to his sons in order , and their issue ; or that of hen. . that limited to the heirs male of his body , and no farther : or the recognition of k. james the first : for by that of hen. . it is plain the parliament thought they had power to limit the succession , otherwise they would not have meddled with it ; besides they limited it indeed , by extending it only to the issue male of his own body . and as for the recognition made to k. james , it seems to be the clearest and fullest acknowledgment of an hereditary succession , yet we may observe how it is expressed ; 't is indeed declared , that the imperial crown did belong to him and his royal progeny and posterity for ever ; but 't is not said of necessity , notwithstanding any reason to the contrary , it shall actually descend to the next in blood , in order for ever . besides , they say in the same act , that this their recognition could not be perfect , or remain to posterity without the king's consent , that is , to make it an act of parliament . and doth not that imply , that hereditary succession of the crown was not accounted to be fundamental to our government before ? for then it would have been perfect in it self , without the king's consent . besides , it seems evidently to follow , that the kingdom at that time , judg'd that the succession of the crown was limitable by act of parliament . yet lest after all this i should be mistaken , i make this observable from our own histories , that tho sometimes the next in blood hath been set aside , and for ought i find to the contrary , upon reasons of state may be so again , yet it seems the royal family have jus ad rem , and have right thereunto before any other , if any member of the royal family are capable of government : so i think we find it generally carried ; that is , when the next in blood hath been omitted , generally , some one either really or in pretence of the royal family , hath been advanced to the throne . this general right to the crown by blood , hath been sometimes pleaded by our kings , and allowed by the people and parliaments , but never denied : and tho we cannot say , the next in blood hath an uncontroulable and immediate right beyond all exception , to enjoy the crown ; tho we cannot find this right in the constant usage as common law , and a fundamental of our government , yet we may grant that in all turns and temptations to the contrary , the right of the royal family seems to have countenance , if not plain and general acknowledgment , and to pass unquestionable with the silent testimony of many ages . i am sorry to observe with daniel , that ( before this last age ) seldom or never the third heir in a right descent , enjoyed the crown of england . it cannot be denied , but that our parliaments have frequently concern'd themselves about the succession ; and that our kings , both such as came to the crown by proximity of blood , as well as those that came to it otherwise , have often applied themselves to the parliament , not only for their own security , but to limit and qualify the succession after them . yea further i think it must be granted ( as one saith smartly enough ) that 't is a most dangerous thing to have an opinion prevail , that the king in concurrence with his parliament , should not have power to change the direct order of succession , though the preservation of him and his people did depend upon it . yet after all this , if common vsage be common law , and continued practice be our rule of determining this great point , i think the royal family have a radical right in the government of england ; and bids fair for an interest in the constitution of the kingdom ; for it seems to have governed the disposition of the crown all along , both before , as well as since william the first ; and that , generally , with our several kings and parliaments , ever since we had any . i shall leave this easy observation , only take notice of two concessions , which i apprehend considerable : the first is that of dr. br. he saith , the saxon kings might appoint a brother's son or a bastard ( he doth not say , any other person , or any one out of the royal family ) before their own lawful issue , to succeed them in the throne , p. . succession of the crown . the other is of hubert a. c. at the coronation of k. john , he declares indeed that the king ought to be elected by the pople ( perhaps a new doctrine to many that heard it ) yet he qualifies that election , and tells them , that if any one of the race of the late king was more deserving than others , the people ought ( pronius & promptius ) more readily consent to his election . now if the descent of the crown ought to be kept within the bounds of the royal family , is not this sufficient to constitute an hereditary monarchy , in a true sense , tho with the former latitude ? was it ever thought essential to an inheritance , to pass uncontroulably without any exception to the first in blood ? is it not enough for the nature of an inheritance to be granted to me and my heirs ? and may not custom dispose it to the younger as well as the elder ? hath not the parent liberty to give it to whom he will ? yea , is it consistent with a fee-simple to be unalienable ? or with salus populi , in all possible cases , for the crown to be so ? especially in our own kingdom , where frequent practice seems to have established as the common law of the crown in all ages , that upon urgent reasons for the safety of the kingdom , the inheritance is alieuable from the next in blood. nay , i must presume , that tho upon some extraordinary revolution , and some absolutely necessary reason of state for our common preservation , a stranger should be advanced to the throne , for one or more turns , while that necessity continues ; i presume , i say , if when the reason of that violence is removed , if care be taken to have the crown restored to the royal family , or any of its branches , capable of it , the hereditarines is not thereby extinct , or the constitution of the government altered , things may then run again in the old channel , and settle upon their old bottom . and since we are gone so far , may i not without offence advance one step farther ? is there no priviledg by primogeniture ? doth not nature and the general course of inheritances , where there is no special reservation or exception , point out the next heir for the possession ? yea , is there not very much to be found in our chronicles , and laws , and actual succession of the crown , in favour of the next heir by proximity of blood ? can we find by our most diligent search of our publick records , that ever the next in blood was set aside , without some reason or pretence of reason ? which very thing seems to allow his right , whilst it alledges something against his possession . whence we may conclude , that tho for sufficient reasons the next in blood may be set aside , yet without such reasons it seems neither just nor fit that he should . the royal family have a right in actu primo ; the next heir seems to have it in actu secundo ; namely , a jus in re , and as much a right as can be conceived , short of possession , if nothing can be justly objected against it from his vnfitness for the government . immediately upon the decease of the queen ( saith the parliament in their recognition of king james the first ) the imperial crown did by inherent birth-right , descend to you the next heir of the blood royal. thus the royal birth-right hath the acknowledgment of the whole kingdom , or the whole body of the realm , and every particular member thereof , as the words of the statute are ; and this birthright hath been often claimed , and often frustrated , but i think never denied , or so much as questioned . prop. . there was nothing done in prejudice of our hereditary monarchy , by our late settlement . this is the other proposition i undertook to make good in defence of our present government ; and reflecting upon what we have lately discours'd , we are necessitated to take notice of , and to set our selves to answer a very considerable objection thence arising , as some strongly fansy . obj. hence we are faln upon the great objection ; 't is thus , if the right of the crown be inherent in the next in blood by birth-right , why upon the demise of the late king , did not the government devolve on his daughter the princess of orange ? by preferring the prince of orange before the princess , whose right it was , seems not agreeable to an hereditary monarchy , and so makes the government elective . answ . i hope there are already sufficient grounds laid for an answer hereunto : all that i have to do is to apply them in a few plain propositions . . we have found reason to distinguish thus ; the crown may be thought alienable , either absolutely , or in a qualified sense ; that is , such a sense as is consistent with its being hereditary . . one may think that the crown is not absolutely at the peoples disposal ; in our ( or in any ) case , or alienable upon any occasion , or to any person ; and yet may conceive that upon plain necessity , created by salus populi the supream law , and the very end of government , the crown may be alienated from the next in blood , to the second ; and upon the like reason to the third . . 't is further evident to me , that a man of that perswasion may yet judg that the next in blood that is capable of the government , may of right , and by the law of inheritance claim the crown , which without injustice cannot be denied him . . it hence followeth , that the supream power upon the demise of the late king , did not devolve upon the people , nor imediately upon the prince of orange , but upon his princess . upon these grounds indeed it must be granted that the princess should have been queen as queen mary was , that is , in the place of the king ; and next to her , the princess of denmark , unless some very great reason of state will justifie the preferring the prince , who is not next in blood , before them both . . doubtless those whom we intrusted to manage and methodize our settlement , saw , as they judged , unanswerable reasons to advance the third in order , before the first and second , and methinks that should satisfie us . . but moreover we are morally assured that both those noble princesses were themselves satisfied of the reason of it ; yea , that both of them consented , yea desired the crown might be settled in the order as it is . . and may it not be very reasonably granted , that some great considerations ( though we know not what they were ) might move them cedere de jure suo , to wave their own right , and these such as might warrant and justify their so doing ? . yea , if there be such a thing as abdication of government , did not both those noble princesses expresly , and not only by implication , so far abdicate the government , if they actually and voluntarily so far refus'd it ? obj. but had not the prince of denmark some kind of right in and by his lady ? sol. it seems to me he had ; but it is very evident that he consented and waved what right he might have , as both the princesses did theirs . obj. but the people of england seem to have a right to be governed by the next in blood of the royal family . answ . this too may be granted : but the people of england in this sense , are the lords , and the representative body of the commons ; and have not these both consented to , and transacted the present establishment for themselves and us ? to conclude this , upon the late demise , nothing could bar the prince of orange from a just and immediate title to the crown of england , but the right of his princess , the right of the princess , and in and by her of the prince of denmark , and the right of the nation in these ; but all these bars are fairly removed by the consent and desire of all parties concern'd , and none have left them any cause to complain in that respect . now i hope here is nothing done destructive of the hereditary monarchy , nothing that can infer the government to be elective purely in the whole transaction ; much less so great an alteration in the nature of our government for the future . what principles some went upon in our late change , we need not guess , so long as we find nothing evident , either verbal by declaration of our governours , or by any thing in the change it self , but what is fairly reconcileable to our ancient constitution ; we may , without troubling our selves with other mens principles , cheerfully submit to the present government , if we have no more to object , but that the nature of the government is altered by the revolution . an evil surmise without ground , ought to be laid aside . chap iv. of vacancy , and the supposed interregnum thereupon , by the late king's abdication . we are thus led to the second great exception , which is this , it is delared by the lords and commons in the convention , that the late k. james the second having abdicated the government , the throne thereby was vacant ; consequently an interregnum was admitted or supposed , contrary to the ancient and known maxim , that in the government of this kingdom there is no interregnum . for answer hereunto , i hold my self obliged to do two things : first , to consider how and in what sense the late king abdicated the government ; this may justify the filling the throne with the the present king and queen . dly . to shew that there hath been nothing said or done by the convention , as such , that hath declared a vacancy in the throne in that full and absolute sense , as might infer an interregnum in the true meaning of the word . and thus the present government will be vindicated and reconciled with the ancient , and this great exception i hope fully satisfied : and this methinks i am strictly tied to , by my last discourse of hereditary monarchy , as will presently appear more plainly . chap. v. of abdication . for the first , that the late king did really abdicate the government , hath been so fully spoken to by others , that i need not much labour in the proof of it . my chief intention is to reconcile the word to the notion of my brethren that are so much offended with it . . i desire them to consider , it is a law-term , and but seldom used amongst us ; why should we not take the signification of it from the learned in that faculty ? . but 't is of greater weight , that the lords and commons differing about this word at their conferences , such a sense was beaten out , after much debate and argument , upon the very same grounds upon which many seem now offended with it , that the wisdom of the nation in both houses acquiesced in this word , as the fittest for the purpose . by our election we intrust them with all we have , and cannot we trust them with a word ? . that which seem'd to reconcile the two houses in the word abdicate , was not the critical notions of the civilians , but the explication of what was then to be meant by it , which i am told was happily effected by one ( who is a wonder in the learing of the law ) in these or the like words , in which before they were agreed . that king james the d . by going about to subvert the constitution , by breaking the original coutract between king and people , and by violating the fundamental laws , and withdrawing himself out of the kingdom , has thereby renounced to be a king , according to the constitution , by avowing to govern by a despotick power unknown to the constitution at his coronation ; such a king to whom the allegiance of an english subject is due : and has set up another kind of domination , which is to all intents an abdication , or abandoning his legal title as fully , as if he had done it by express words . now if these things were true , as no body i think can deny , and amount to an abdication in the just , and publickly owned and explained sense of the word , how is it possible we should any longer scruple about it . obj. the meaning of it then is , that king james thus ceas'd to be king ; but this is doubted . sol. but the body of the kingdom say he did ; and you will not say but 't is possible : for a king may cease to be so , by a voluntary resignation in word or writing , which is formal abdication ; or , as grotius seems to expound the word , by manifeste habere pro derelicto . . now if the late king did as much by his actions as an express abdication amounts to , did he not virtually and as really relinquish or abdicate the government , as if he had in so many words renounced it ? . and that he did so , is too evident by what is before alledg'd against him , especially if we add his putting down the ancient defence of the kingdom , the militia ; and beginning to rule and defend his arbitrary government by an illegal standing army ; if when he voluntarily departed from us , he dismissed his judges , threw away the broad-seal , and disbanded and let loose upon us his illegal forces , and left us in a perfect anarchy ; as was then apprehended , even by such as now are offended with the word abdication . the caution of the convention , to avoid all colour of offence , seems admirable . if they had said the late king had forfeited the crown , that would certainly have more offended you ; and if they had deposed him , much more : these are both avoided , and 't is only said he abdicated the government ; they do not only say it was his own fault , but his own act. obj. but thus we make him felo de se . sol. this seems to be no hard saying . 't is plain , though the king in his personal or natural capacity cannot , as you think , forfeit his life , yet he may die or kill himself : so in his politick capacity , if we grant that the king cannot forfeit his government by male administration , yet 't is possible he may extinguish and destroy it , and that by a real as well as by a formal abdication , as before explain'd . government according ▪ to law , is essential to our government , otherwise our lawyers are much out , that generally tell us our government is a legal , regal , or as fortescue , a political government , in opposition to despotical , absolute , arbitrary or tyrannical government . now though a king do not intend absolutely to abandon all kind of government , yet when he leaves the proper government , and assumes another kind of government abhor'd by our constitution , he plainly ceaseth to be our governour in any sense ; he refuseth to govern politically ; he would bring in another species of government that is destructive of our constitution ; and begins in many odious instances , the execution of tyranny , contrary , not only to the laws that make and limit our government , but contrary to the ends of all government ; and instead of protecting , destroys his people ; what can be plainer than that this is to abdicate the government as king of england ? a king may kill himself , and not intend it . to this purpose we have several notable collections made by others . i shall note a few of them . among the laws of k. edward c. . de regis officio , the liberties of the people being mention'd , it is said , that the king is constituted for the preservation of them , which if he do not , nec nomen regis in eo constabit , he doth not retain the name of a king. bracton says l. . c. . est enim corona regis facere justitiam & judicium , pacem tenere , sine quibus consistere potest nec tenere ; i. e. the crown of the king is to do justice and judgment , and to preserve peace , without which he cannot subsist . but above all , the words of k. james to his parliament march . . are remarkable . the king is bound by a double oath to preserve the laws , tacitly as being king , and expresly by his coronation-oath : so as every just king is bound to observe the paction made with his people by his laws , framing the government thereunto ; and a king leaves to be king , and degenerates into a tyrant as soon as he leaves off to govern by law , in which case the king's conscience may speak to him , as the poor woman to philip of macedon , either govern according to law , or cease to be king. answerable hereunto is the civilians maxim , tyranni in exarcitie decidunt jure sue haereditario ; i. e. tyrants by their tyranny lose their hereditary right of government ; for the ill of monarchy is tyranny ; k. charles's answ . to . prop. from what hath been said , it seems plain , that a king by relinquishing the legal , and usurping an arbitrary or tyrannical government , does as effectually abdicate the government as king , as a merchant that turns pirate , abdicates his trade ; or a husbandman , that leaves off his husbandry , and resolves to cast the fortune of his life upon robbing on the high-way , abdicates his plough . lastly , 't is so evident in those that give us the sense of the word , that there is a real abdication , as we have considered it in distinction to a formal , that no body that will take the pains to examine can doubt it : not only grotius , de jure belli & pac. lib. . c. . s . . non tantum verbis sed re potest : but calvin in his lexic . jurisd . tells us , generum abdicat , qui sponsam repudiat ; he that divorces his wife , doth abdicate his son. so homo liber qui seipsum vendit , abdicat se statu suo , saith brissonius de verb. sign . that is , he which sells himself , abdicates himself from his former state . and budaeus comment . de origine juris , abdicare se magistratu est idem quod abire penitus magistratu . . for the application of the word so explained : and to all that had been said to prove the late king's abdication compleat and undeniable , it ought to be remembred , that in the very times of popery here , a submitting to papal usurpations and authority contrary to our laws , was deem'd a disinherison of the crown . what shall we say of the late king 's voluntary , studied and deliberate invading his own authority , and subjecting the whole ecclesiastical state to a forreign power , to the utter extirpation of our reformed constitution , so firmly settled in the special laws of the land to that purpose ? considering also how this in a little time must inevitably ruin the civil state , which is intimately inter woven with the ecclesiastical in their just liberties and true religion ; their very consciences and lives not being safe from the snares and inquisitions , and even massacres of the most cruel , tyrannical and barbarous religion in the world. . this , in conjunction with the late king's proceedings in civil matters , needs no aggravation . the crown of england is glorious in a threefold excellency , the legislative , executive , and military power . now sor one of our own kings to do that industriously , and by many designed deliberate acts , which is rank treason against the king and kingdom , which at least hath a tendency to destroy the king , with respect to his crown and dignity , what is this but to destroy himself ? for a king to divest himself of the legislative power by the use of all artifices of fraud and force , to destroy the fundamental priviledges of election , and consequently the very being of a legal parliament , his executive power , by refusing to govern by law , and setting up an arbitrary tyrannical government . lastly , his legal standing military power ; laying aside the militia , and resolving to stick to an illegal army , what is this but to relinquish the government of england , to throw away all regal authority , to violate , break in pieces , and trample upon the crown ; to declare to all the world , he will be king no longer ; and to abandon the authority which he had to govern by law , according to the constitution of the kingdom , his duty to his people as king , and the special bond upon his soul in his solemn coronation-oath ? . but at last , to crown all , when the noise of the prince's coming had brought him a little to himself , and he begins to feel the danger that his late daring pranks of tyranny had brought him into , he adviseth with his wise council what to do : should he trust his people in parliament ? no : should he trust his melting army ? no : should he trust his dreadful son in law ? no. what then ? as the evil spirit rent and tore the body when he was forc'd to leave it , so he did all the mischief he could , ( by calling in his writs for a parliament , dismissing his judges , carrying away the broad seal , and putting an end to all kind of government among us , as before ) and then leaves us in absolute anarchy , and a way of confusion , upon a necessity apprehended ( of his own creating ) of dispossessing us , he flies to his trusty and wel-beloved the french king ; thus at once delivering his person , and in consequence directly betraying his kingdom into the power of the only friend he has in the world , but his kingdoms only enemy . in a word , to put an end industriously to all government at home , and as far as in him lay , to deliver himself and his kingdoms into the power of a foreign enemy , seems to be an abdication with a witness , at least so far , as to leave the throne vacant . chap. vi. of vacancy and interregnum . but it may be said , that if the late king did abdicate the government , and thereby the throne became void ; then we admit an interregnum , contrary to an ancient maxim in our government : but the convention did declare , that the late king did so abdicate , and the throne was vacant ; therefore they have altered the constitution of our government . answ . . hereunto i answer , first , that i for my part know no law against the possibility either of a vacancy in the throne , or an interregnum ; i mean , in extraordinary cases , such as ours was ; or when the royal family may be supposed to be extinct , or all the remaining branches of it are known to have imbibed principles directly against the interest and religion of the kingdom , and destructive of what should be preserved . i cannot say but the contrary opinion seems to consist with some ancient transactions of our states . . for a vacancy in the throne , we have an express precedent in the sense of the parliament about richard the d ; and if so , that will infer so much of an interregnum too . . i confess of later times , the recognition of the parliament made to k. james the first , seems to exclude both a vacancy and an interregnum , that is , at least when things proceed ordinarily and regularly ; the words are , immediately upon the decease of the queen , the imperial crown did by inherent birthright descend to you the next heir of the blood royal. and this it concerns me to observe , as agreeable to the hereditarines of our monarchy , as before i have declared it . a digression . but before i proceed , i desire it may be always remembred , and that we still carry this along with us , that tho the crown be hereditable , yet government is an office and service , or ministry to us for good , rom. . and that by our law 't is in the nature of an office : that it may be lost three ways ; either by insufficiency , or forfeiture , or cession , called non-qualification , abuser , or non-user : and how far these , or any of them , are applicable to the possessor of the crown in england ▪ may be considered in the ensuing discourse . at present we shall observe , that he that takes an office , tho it be by way of inheritance , takes it with its conditions and burthens . indeed , there are advantages and profits annex'd to the office , and sometimes real estates in land , which are inseparable from it , and cannot be lost while the officer continues in the office : and thus it is with our crown-lands , wherein the king hath rectum dominion in right of the crown ; which no man hath in his land besides the king. yet if the government be an office , and these crown-lands be in the king , as he is king , and hath that office , and not simply in him as such a person ; he cannot lose them any way during his being king ; but he seems to hold in the nature of a benefit , from and for another ; i. e. his kingdom , he owes duty for it , tho not fealty for it : and the statute hen. . cap. . useth the word fee of lands invested in the crown . but leaving this digression , we must return ; and there seem two doubts depending here , that i must a little insist upon , whether the convention did indeed declare the throne vacant ? and whether we are bound to believe that vacancy to be so absolute as to infer an interregnum ? the first doubt touching vacancy , viz. first , whether the convention did indeed declare the throne to be vacant ? . if it be plain they did , they did so as our representatives , and why should not that satisfy us ? at least why should we be troubled at it , seeing their so declaring passeth not into our allegiance , or the succeeding exercise of the government ; besides , we are left at liberty to enjoy our private thoughts about it ; and tho they declared so , we are neither required to declare it , or to believe it . . but in truth ( whatever might pass at the conferences of the houses about it ) their vvords that give us their act in publick ▪ do not express or formally make any declaration , that the throne was vacant . their words are these , [ k. james the d having abdicated the government , and the throne being thereby vacant ] here is indeed a plain supposition that it is so , but no declaration . so that if the throne was not vacant by the king's abdication , they do nothing to make it so ; all the suppositions in the world cannot make that to be that is not . therefore if that king had really abdicated the government , and yet there was no vacancy , there was neither any interregnum ; but the descent was immediate ; and the succession regular in the present king and queen . but if the throne was really void by that king 's abdicating , and the convention was not mistaken in their supposition , as we should not easily imagine , then we are concern'd to consider the second doubt . the second doubt . vvhether we are bound to believe that vacancy to be so absolute , as necessarily to infer in the meaning of the convention an utter interregnum ? sol. in general my answer is , there is no necessity for such a belief , nor indeed any reason for it in my apprehension . the convention , as i observed before , did not declare a vacancy at all , only they suppose it , as the undoubted consequence and effect of the abdication ; having abdicated the government , and the throne being thereby void . now that the king's abdication did or did not leave the throne vacant , depends upon the nature of the things ; and are not affected by the declaration ; neither can we by our jealousies or imagination make things otherwise than they are of themselves , or make the declaration import another and a stricter sense than it really doth . for a fuller answer therefore , three things are distinctly to be considered . . how far a total abdication may effect a vacancy in the throne . . whether we have reason to think that the convention did suppose a vacancy in any other sense . . consequently whether that sense imply an interregnum . quest . . how far a total abdication of the government may ( or doth necessarily ) effect a vacancy in the throne . sol. for the clear answer to this , we must take our measures from the nature of our government , which hath been supposed to be hereditary . . now if the government be indeed hereditary , though there be a vacancy in the throne , truly wrought by the abdication of the government , as the convention supposed , it cannot be reasonably imagined to be an absolute and total vacancy , or such in all respects . . the reason of the consequence seems plain from this , because the vacancy was made by k. james , and he could not make it further than he could . he could not prejudice his heirs , or leave the throne empty in all respects ; for the statute of k. james the first declares , agreeable to all times , the imperial crown by inherent birth-right , doth immediately descend to the next heir of the blood royal upon the decease of the predecessor . the royal family have jus ad rem , but the next in blood , if without just exception , hath jus in re , and wants nothing but livery and seisin . . this carries a plain analogy with the interest of others ; and if it be a priviledg , cannot be denied to our princes . the estate is in the heir immediately upon the death of the possessor ; and if the estate be forfeited , 't is immediately in the next tenant , though in neither case they may have yet got possession . and we use to say , the heir to the crown is king before either the coronation or proclamation ; i. e. the throne upon demise is instantly fill'd , and there is no vacancy in that sense . . if the right heir before entry be kept out of possession , the estate is not in obeyance , or in nubibus , but , as the lawyers say , in abatement ; the estate is really in the heir , though they say the law favours the intruder , as the lawful possessor , till the right of the true heir is proved , which i have no reason to apply . . however , 't is plain enough that the convention supposed the late king by abdication left the throne void in some respect ; and what that was , must certainly respect himself , and not his heirs ; he left the throne void , as to his own person , and as to his possession , and as to his own right , by relinquishing the government . . yea , he left it void as to any present administration or administrator ; and therefore it being so void , ipso facto , the great men of the kingdom first desired the prince of orange to take upon him the administration of the government , till the convention should meet . this he did , and this vacancy was the natural effect or consequence of his abdication ; but we may not strain the word to the altering the nature of our government ; neither may we imagine a papist's abdication should bar or prejudice his protestant children , or change our constitution . . i hope i have said nothing in prejudice of any limitations or conditions of the crown , either in law , or from the necessary nature of government , or by act of parliament ; if according to such conditions the next in blood be not qualified , the throne may be filled by the right or the next . when the throne was declared void upon the deposition of rich. the d . his son was instantly admitted ; as were before the sons of edw. . and ed. . upon their removal . . we are told that before the stat. . edw. . de natis ultra mare , it was a received maxim , that the next in blood born beyond the sea should not be king : and by that of eliz. . c. . persons opposing the execution of that act , are thereby disabled for ever . yet we still conceive , that the next heirs after them , ( better capacitated , and not guilty or defective as they ) might claim the crown , otherwise all other persons are under the same penalty , though not at all guilty ; and the penalty is not restrained to the person offending , or to the crime mentioned in the latter ; or in the incapacity in the former instance . the statute of the queen plainly supposeth that some may claim , which cannot consist with an elective government ; and if the next in blood are disabled by law to claim , it follows , the right is some where else , and by virtue of that right the throne is so far fill'd , and possession may be claimed . quest . . whether we have reason to think that the convention did suppose a vacancy in any other sense . sol. we may receive full satisfaction in this , from what hath been said upon the first query . for what reason can we have in justice or charity to imagine the constitution intended any further vacancy , than was or could be made by the late king's abdication ? what reason is left us to think that they intended such a vacancy as was inconsistent with the nature of our ancient hereditary monarchy , or the interest of the persons that are now advanced to the throne in their own right ? of which we have given account before ; or why should we impose a groundless and an unreasonable sense upon the proceedings of our superiors , as may forestal or prejudice our quiet and due submission to the government ? . for our further satisfaction , we ought to consider , first the persons whom they admitted to the crown , namely such as , upon avoidance , upon their inherent birth-right might have claimed the crown . secondly , the words of the declaration , by which they were admitted . [ the throne being thereby vacant , we do resolve that william and mary be , and be declared king and queen . ] they do not say they make them so , but resolve that they are so , and then declare them to be what indeed they were . . and now i must have leave to admire the wisdom , foresight and caution of that great assembly : they do not lay hold of a forfeiture of k. james ; they do not pretend to depose him ; they do not insist upon his resignation ; but they suppose and alledg strong grounds of that supposition , that he had abdicated the government so far , as that with respect to him , to all intents and purposes , the throne was void ; and therefore to maintain the hereditarines of this monarchy , they allow the right of the next heirs , viz. william and mary ; and accordingly upon that their title , they declare them king and queen . quest . . whether the sense of vacancy thus explained , imply an interregnum ? this can be a question no longer , if we consider the premises ; for such a vacancy we have upon every demise of the crown , yet no interregnum . chap. vii . of the convention , and how it became a parliament . the third maxim considered . obj. we are arrived to the consideration of the third great exception , viz. that it is a maxim , that nothing binds the people of england but an act of parliament : but the present government was made by a convention , and not by a legal parliament , therefore we are not bound to own it . sol. . to this , first , it may be replied , that tho this maxim be generally allowed , yet not without some exceptions . for is not custom and the common law the rule of right and justice betwixt man and man , yea and betwixt the prince and the people ? were there no statute or act of parliament about government and subjection ? yea , were there no coronation-oath , or oath of allegiance , to be taken by the king or the subject ? yet , from the nature of our government , and by common law , the king ought to govern according to the laws and customs of the kingdom ; and we ought to pay him our natural allegiance . yea , it is not questioned by those that most scruple about the present settlement , but now there are positive laws , requiring those oaths , yet before they are taken , the respective duties both of king and people are to be observed by force of the radical nature of our monarchy , and the fundamental constitution of government in our common law. . for a further answer we must remind what hath been said of our hereditary monarchy , which if understood in no other sense , than these very persons are eager to maintain , methinks supercedes this objection . for if the government in their own sense be hereditary ; then , in consequence of it , when the throne is vacant of the predecessor , it is in the same instant fill'd by the next heir , as to right and title , in analogy with all other cases of inheritance , and even from the nature of inheritance . we need not here speak over again what we have about the late king's abdication , and leaving the throne void ; we may be allow'd here to suppose it ; and then 't is evident that , upon this ground , upon that avoidance , without any intervention or act of the people , either in a convention , or parliament , the crown immediately descended to the next heir of the royal family by right of blood , or birth-right . . so far for their right . as to their entry and possession of the government , tho in all such extraordinary revolutions it hath been safest , to be admitted with the consent of the people ; yet 't is evident from the same concession , that it is their inheritance ; that the next heir may claim and take possession of himself , without the consent or act of the people ; that is , he hath right to do so ; and if he be hindred and kept by force from his lawful entry , without just cause , or his own consent , he is apparently injured . and this seems to follow irresistibly , from the nature of an inheritance . . accordingly , the duke of lancaster came into the parliament , and claimed and challenged the crown as descended unto him , by the right line of the blood of hen. . and his claim and challenge without any dispute was immediately admitted . upon the resignation of edw. . his son edw. . as the first-born and heir of the kingdom , declares , that upon his father's concession by the counsel and advisement ( no other act ) of the great men , he assumed and took upon him the government . . but i need instance in no more , when we have considered what passed in parliament , edw. . they declare the king was in right , from the death of the king his father , very just king ; and that they take and repute the said edw. . according to his said right and title , declaring his title was just and lawful , as grounded upon the laws of god and nature ; and also upon the ancient laws , and laudable customs of the said realm . agreeable hereunto was the recognition of king james before-mentioned . . now if we apply this to our own case , may i demand , what was there left for the convention to do ? king james had relinquish'd the government , and left the throne vacant ; thereby there was an immediate descent of the crown by inherent birthright to his daughter , if willing to accept it : i say , what had we to do more , than to recognize and declare her to be queen of england ? indeed , they did join in their said declaration the prince her husband with her : but they seem not to pretend to make either him or her , king or queen ; their words are these , the lords spiritual and temporal , and the commens assembled at westminster , do resolve that william and mary , prince and princess of orange , be , and be declared king and queen of england , &c. object . but why do they not then declare the princess as immediate heir , to be queen only , or at least before the prince ? sol. this i hope hath been fairly accounted for before , consensus tollit-errorem ; especially consent grounded upon invincible reasons of state in that juncture , or rather confusion of affairs . and if we look back upon former times , we are not without instances in this particular , not much unlike it . . edward the d denied himself of his right , and actually relinquish'd the government , ( 't is not material here upon what motives ) and his son , with the father's liking , and the advice of the great men , was king of england during his father's life ; tho before he had sworn , invito patre , he would never accept of the crown ; yet when he doth accept it , he declares he takes it not as the gift of the people , nor any other way , but as primogenitus regis , & haeres . . somewhat like it we read concerning richard duke of york ; he was permitted by the true heir to the crown , ( tho his own title to it was upon examination sound defective ) to possess the throne , for the honour of the king , and to maintain peace during his life : and the true heir did cedere de jure suo , with assurance to enjoy the crown after the decease of the king de facto . . it was indeed enacted edw. . that the things which shall be establish'd for the estate of the king , and of the realm and people , may be treated , moved and established by the king , and by the assent of the prelates , earls , baerons , and commonalty of the kingdom . and there is no doubt but this is the proper course in ordinary cases . . but that there is a necessity for a convention , that is no parliament , in some extraordinary cases , to meddle in these high matters , none , i think , can question . namely , if we can suppose the royal family extinct , at least so far , as there is no heir appears to claim and take the government , upon the demise of the king. is there not a plain necessity now to preserve all from confusion , for the great men , &c. to meet , and to consider where to place the government , according to right or merit ? . again , we may suppose two or more rivals for the crown , upon the king's death , when there can be no parliament , ( that , if in being before , dying with the king ) should not the great men meet , and prevent the ruin of the kingdom by civil wars , by acknowledging and assisting the right heir , as they are bound by their natural allegiance ? yea , i may add , if a pretender , excluded by the limitations of the law , should by violence invade the government ; what remedy , if the people may not meet , especially being invited thereunto , by the next heir qualified by the law , to keep out the pretender , and admit the lawful heir to take the government ? . that there may be limitations put to the descent of the crown , methinks lies not only in the nature of government , but hath been the declared sense of the kingdom , ( i. e. of king & parliament ) upon all occasions , and never denied : and if those limitations are necessary for the preservation of the whole , and our very constitution , as they may be , or are clearly expressed in an act of parliament ; if any one would break thrô , and invade the government , he must be prevented by a convention , or the foundation of the government is subverted . . lastly , the throne being left empty of an administrator lately in our own case , and we put into a state of anarchy , and great confusion upon the late king's departure , did not every man , that had any sense of our danger , ( and that is , all that were not concern'd in the late methods of our ruin ) did not they see then a plain necessity to meet together , and apply to the author of our deliverance , desiring that he would take upon him the administration of the government , till the convention should meet , and to give out his summons for a convention ? and was not that convention regularly , peaceably and freely chosen and assembled ? and what did they do , but consider where the right of the crown now lay , and with the consent of all parties , as before is noted , declare william and mary our king and queen . . true , as yet they were no parliament , but as soon as there was a possessor of the throne , the lords and commons so freely chosen , by the subsequent consent of the king , of themselves proceed into a parliament ; and being so , recognize the king and queen , and cause proclamations thereof to be made throughout the kingdom . which being done , we have a king and queen de facto , and no room left to dispute their title according to reason . . give me leave to resume the matter fair and plain . all saw a necessity that the great men should meet , ( and some perhaps that now scruple ) and desire the prince of orange to take the administration of the government , and summon a convention ; and in that exigence what could they do more seasonable and wisely ? and how could the prince proceed more regularly and nearer to our constitution , having the exercise of the government , than by summoning a convention ? or , how could the people transact the election , to represent them more freely and quietly than they did ? and what had the convention of lords and commons ( so elected ) to do , but to consider where the next title to the crown lay , and to declare and recognize the present king and queen , with consent of all parties concern'd , as before was observed ? by which act of the people of england , they took , and now have , as evident a possession of the throne , as ever any king of england had . . i say , now especially , because , since the declaration of the convention , the body of the kingdom in parliament , have solemnly again recognized the present king and queen ; and they have been since acknowledged by the people at large , by universal proclamations throughout the kingdom . obj. but the assembly at westminster may be thought but a convention still , and no parliament , because not at first summon'd by the king's writs . answ . however , they truly represent the whole body of the people , and the representers of the commons , and university of the people , together with the lords , all concur'd to the proclamations of the king and queen , and that 's enough certainly to render the possession of the throne by them undoubted ; besides the solemnities of it at their coronations , by the usual methods , and all formalities of law. but let us consider this matter a little nearer . . i do not say a parliament can make it self ; but methinks 't is evident enough , that the persons elected by the people on purpose to be their representatives , in conjunction with the lords , whose right it is to sit in parliament , with the consent of the king sufficiently , express'd should have both the matter and form of a parliament : 't is true we cannot conceive a proper parliament in england , without a king in being or possession ; but the writs before can reasonably be supposed to have no further influence into the being of a parliament , than only for the orderly proceeding of the election , and signifying the king's pleasure to have a parliament . to be short ; if we find the name and power of a parliament given by the law to conventions , not chosen by the people ; if we find the definition of a parliament given by a statute , to agree exactly to the present parliament ; and lastly , if we have a precedent in the case , why should we doubt whether the present be a legal parliament ? first , that the name and power of parliament hath been formerly given by law to conventions of the great men , and the community of the people , without any election of the people at all , and consequently not chosen upon writs from the king ; this the learned dr. brady labours much to prove in favour of the crown before ( as he saith ) parliaments were settled as now they are . he saith colloquium & parliamentum , conference and parliament , were expressive one of another ; and in those great conventions , sometimes only the great men of the kingdom , as at runnemede , are called a parliament ; sometimes also with them the communitas populi ; but these , he saith , did not include the common sort , much less imply the issuing out of writs , and thereupon the peoples electing their representatives , p. . answ . to mr. petit. whence i argue , if a convention heretofore ( without the election of the people upon writs from the king ) had the name of a parliament , and concurred with the king to make laws binding upon the people ; certainly now a convention freely chosen by summons from a person that had the administration of the government in his hand , and was in the place of the king ( though the late king had call'd in his writs , and left the kingdom , and that exigence of affairs could not possibly admit any other remedy ) i say , such a convention , when allowed by the king , doth much rather deserve the name , and challenge the authority of a parliament . the argument receives much strength , if we consider that now the election of our representatives , so essential to our parliaments , is the great fundamental priviledg of the people ; and consequently the king's writs to that purpose , that we may have frequent parliaments , is the peoples priviledg also ; besides the present king cannot be supposed to suffer any thing in his prerogative , who ( though in another capacity ) did in effect send out such writs ; and since he took the crown , hath allow'd the election upon his own summons for a convention , to serve in order to their being a parliament , what can be thought wanting to the making them a parliament ? the people have their priviledg , and the king his prerogative : and while we have the substance , 't is vain to complain of the want of a mere formality , impossible to be had , to the unsettlement of a whole kingdom . secondly , the definition of a parliament agrees well enough with our present parliament , as we have it in k. james the first . a parliament is , where all the whole body of the realm , and every particular member thereof , either in person , or by representation ( upon their own free elections ) are , by the laws of this realm , deemed to be personally present . wherein we have two propositions : st . that every particular subject , either in person ( in the house of peers ) or by representation in the house of commons , are , by the laws of this realm , deemed personally present in parliament . dly . that where the whole of the realm are thus , either in person as peers , or by their representatives , upon their own free elections present , there is a parliament . . so that the essence of a parliament seems to consist in two things , with respect to the two houses : the presence of the peers in their own right ; and of the representatives of the people by virtue of their election , and to be entire , without the consideration of any previous writs from the king. . indeed we cannot well conceive that a parliament properly so , can be so without a king in being , not for want of writs to summon , but for want of an occasion , and reason of their being , if the king be the person with whom they are to parly , & caput principium , & finis parliament : but seeing the peers of the realm , and the representatives of the commons , upon their own free elections ▪ are assembled , and the king in being , allows , approves , and ratifies their assembly to be a parliament by his subsequent assent , as king , to that manner of summons , which he , before he was actually king , invited them to ; and advises with them , and makes use of them as his parliament ; it is plain to me , that they have the entire substance of a lawful parliament ; and that the king's writs in such a case are but a separable accident ; and that we should look upon our selves , and the whole body of the people , as present there , and acting or consenting to all the laws made by the king and them . . and lastly , we are not without a plain and direct precedent in the case upon king charles the second 's happy restauration ( as every one observes ) which is , in terminis , made the pattern by this king and parliament in the late act , declaring themselves to be a parliament , though it wanted the previous writs of summons , which could not be had . and though of the statutes made by that parliament were afterwards confirm'd , car. . c. . yet the rest of the acts made by them have been taken to be of as much force by the judges , though not so confirm'd : and this of the car. . . is one of them ; as all other laws , made by our kings , whose titles have been afterwards question'd , ( with the peoples concurrence ) have been ever held valid . thus we have the publique judgment of two kings , and of the body of the whole kingdom in two parliaments , that such writs of summons before-hand , are not necessary in all cases , and in particular in our case , to the constitution of a true and legal parliament : and who have most reason to understand , and to judg , and determine such publick and high points , concerning the nature of parliaments , the king and kingdom assembled together , or men of a single and private capacity ? how far our consent and sense is concern'd in the determination of those we have chosen , and in some sort trusted with our politick interest ; and in whom the law lately mention'd , saith , we are deemed to be present ; i urge not , but it may be worthy to be considered . the words of the parliament , being about to declare the right of richard the d. are these , and i think them very pertinent ; the parliament is of such authority , and the people of this land of such a nature and disposition , as experience teacheth ; that manifestation or declaration of any truth , made by the three estates of this realm assembled in parliament , and by authority of the same , maketh before all other things , most faithful and certain quieting of mens minds , and removeth the occasion of doubts and seditious language . which god grant . chap. viii . arguing from the possession of the crown . i have now finished the greatest part of my undertaking ; and how i have vindicated the late revolution , and reconciled our present state to our ancient constitution , as an hereditary monarchy , and admitting no interregnum , my reader will be my judg. as also of what i have said touching abdication and vacancy in the throne ; of the convention , and their just and regular proceedings , in their invitation of king william and queen mary , to take upon them the government of these kingdoms ; and lastly , of the legality of the present parliament ; and thereby obviated or answered the objections made against the present government . from any , or all of these , as i intended , i submit to his serious consideration and candid censure . . but if all that i have hitherto said , fail of my end , in giving full satisfaction to such as scruple the taking the new oaths of allegiance , to all the arguments that have been so well inlarged upon by others , i shall only resume that , that hath been often insisted on , taken from the possession of the present king and queen , with the easy and just consequence of it . if the body of the kingdom , as represented by the lords and commons duly chosen , or scattered over the kingdom by their open , uninterrupted , and general recognitions and proclamations , and their coronations , with all the methods and formalities of law can give , or can own and approve the possession of the throne , and declare and manifest william and mary , king and queen ( as no body can doubt ) they are certainly , and must be acknowledged to be our king and queen de facto . now hence it follows . . then we owe them obedience due by law , for then we are their subjects : and we cannot conceive of soveraignty without authority , nor of subjection without obedience . this the statute of hen. . plainly supposeth due to the king in being ; and consequently , that such an one is not a king in name only , but in dignity and power . and the subject may obey him , fight for him , and consequently take the military oath , an oath to be faithful in that highest act of his service ; and doth assoil him from any crime in so doing , in reason , law and conscience . . hereupon the learned lord coke , and judg hales affirm without hesitancy , that a king de facto , and not de jure , is within the great and ancient statute of treason , edw. . . now if we enquire why treason may , according to law , be committed against a king de facto ? the reason is obvious , namely , because the law looks upon him as really our king. as treason , they say , cannot be committed against a king by right only , and hath not possession , which must be upon the like reason , because the law doth not regard one out of possession , and cannot protect us , or administer justice to us as king of england . . hence it seems to follow , first , if the subject may be guilty of treason against the king in being , it implies he owes the duty that is contrary to treason , to the same king ; and what is that but fealty or fidelity ? that is , a principle against treason , a faithful and loyal mind , keeping treason out of its seat , which we know is not so much in our actions as in the mind and imagination . dly . if treason cannot be committed against the king that is out of possession , as he is not king according to law ; so we cannot be thought to owe him our allegiance , that is , obedience according to law , for he is not king so as to rule or command us , and then there is wanting the very reason of duty , or of fidelity to that duty . . it may not be unworthy our observation , that if any one yet can be so weak or blind , as to imagine , that since the late king's abdication , the crown is in abatement , and the right lies somewhere else ; even in that case , they say , the common law favours the abator , and looks upon his title to be good , until the right of the heir be proved , and the matter of the title be decided by law , and consequently all duties , in the mean time , are to be paid by the tenants to the abator , as if he had right as well as possession . i need not apply it . . however there is nothing in the law of the land , or the word of god , that necessitates the subject to trouble his conscience with scruples about the titles of princes , or beyond the actual possession and administration of the government . . for the word of god , that supposeth christians to be under the present powers ; and strictly enjoins them peaceable and unscrupled submission and obedience to the powers that are : but this argument hath been sufficiently enforc'd by others , even to demonstration . . for the law of the land ; this justifies our obedience to the present power , yea requires it , and punisheth the contrary ; and will not endure any scruples about the right , when the possession of the crown is once settled ; and terminates all doubts of that kind in an act of parliament , which is the publick judgment and sense of the nation . 't was said by the parliament of richard the d , after they had cleared his title , as grounded upon the ancient laws and laudable customs of the realm , according to the judgment of all such persons as were learned in those laws and customs ; they proceed and say , yet nevertheless , forasmuch as it is considered , that the most part of the people is not sufficiently learned in the aforesaid laws and customs , whereby truth and right in this behalf , of likelihood may be had , and not clearly known to all people , and thereupon put in doubt and question ; and over this , how that the court of parliament is of such authority , that a declaration made by the three estates , and by the authority of the same , maketh before all other things most faithful and certain quieting of mens minds , and removeth the occasion of doubts and seditious language ; therefore they declare that he was the undoubted king. whence 't is evident , that the reason of this law supposeth that the subjects in general are not capable of understanding the laws and customs upon which the titles of our kings depend : and that the best satisfaction that the generality of the people can possibly have in those high matters , is the sense , and judgment , and determination of the kingdom , by act and authority of parliament , wherein they should acquiesce for the preventing sedition , so much as in language . but to be short here , the law allows a king de facto the name , and dignity , and authority , and defence of a king ; and doth it not require our duty according to law ? was 't ever known , the king being acknowledged to have the actual government , that the subject was excused from allegiance , or an oath of fidelity , as occasion required it ? yea , if obedience according to law , be acknowledged due to the present government , as it now it seems is generally granted , is not the oath of allegiance at this time required by law , as well as by the relation of subjects , and so made a plain part of our obedience according to law ? yet if the king in possession be really our king , do not our own laws return upon us , requiring loyalty and fealty , forbidding sedition , and scandalum magnatum , and all endeavours to alter the government ? that is , at least by our peaceable and dutiful carriage to acquiesce in the work of divine providence , in our late revolution , and the acknowledgment of our subjection due to william and mary , who , as we have heard by the laws of the land heretofore made , are our undoubted king and queen , because in possession of the government ; their right also is unquestionable by private subjects , being a point determined according to the ancient laws and laudable customs of this realm ; and their right as well as possession openly declared by the highest authority of the kingdom , in acts of the present parliament . object . but some are apt to say , this is to prove that the sun shines ; who denies that the present king and queen are such de facto , or that we ought to obey them ? sol. . this is so far well . but do we obey them without reserve for the late king ? do we acknowledg that the laws of the land oblige us to give them our obedience ? or do we mean only , that they have the name of soveraigns , and a power in their hands to defend themselves against , and to punish disturbers of their possession ? if it be so , we do not take right measures of their authority , or of our own duty according to law. . for they are really king and queen , by being in possession , and invested by the laws with regal authority as well as power ; otherwise they could not be within the purview of the statute of treason . . consequently all their actions that are politick , and for the matter agreable to law , are as valid , and of as good authority as the acts of the most rightful kings . they have authority , and do effectually execute , and make laws , while they are in possession , as they do protect us ; so they administer justice , dispose of offices , coin mony , make peace and war , punish all kind of offences , as well against the subjects as the government . . and such acts of a king de facto only , without right , as concern , and have influence upon the kingdom , have ever been allow'd and reputed good and valid , though the title to the crown hath been question'd and denied in after-ages , as we noted before . . that very parliament that condemned the usurpations of hen. , , . and all acts that had entailed the crown , contrary to the course of inheritance , yet add these remarkable words ; howbeit that all other acts and ordinances made in the said parliament since , been good and sufficient against all other persons . i would infer hence , that obedience is due to the present king , &c. in his authority , by law acknowledged , as well as power ; and therefore not only for wrath , but for conscience sake ; conscience , i say , not of their title , but of their authority , and our own plain duty ( at least for conscience sake , with respect to the publick good ) to take the oath of allegiance , which is part of our obedience , it being required by law , and therefore our duty . obj. your arguing seems to perswade us only to obedience , which we do not much scruple , in the sense you explicate it . the swearing to bear true allegiance , is that which troubles us , not knowing well the intended sense or meaning of it . sol. the government hath given us reasonable satisfaction in this particular , though not so clear as may be wish'd ; the very title of the oath , even in this new law , is the oath of allegiance or obedience : now if allegiance in the sense of the law , as explained by the law-makers , be nothing but obedience ; and obedience in england , is to be measured by the laws ; what can allegiance import more than obedience according to law ? which you say you are willing to yield ; and why now should you refuse to add this sign and security of such your obedience , by taking your oath to do so ? . moreover , you find the government insists not upon the word allegiance , nor intends any strange or obscure obligation upon us by it ; for in the declaration , they require of quakers , who refuse to swear , they express [ faith and allegiance ] by those plainer words ; i will be true and faithful to king william and queen mary . . and as one lately hath very well observed , the parliament have avoided all occasion of offence in wording this oath that might consist with the security of the government ; for by omittting the assertory part of the former , 't is evident they do not require us by this oath to assert the title , but to secure the possession and peace of the crown , in king william and queen mary , by our obedience according to law. indeed we may perceive in the whole proceeding of our late wonderful revolution , so much sweetness , tenderness , and condescension to the prejudices that the former state of things might leave in us , ( both with respect to our late king , and our own obligations ) as if the government had industriously studied to avoid all occasion of offence , as much as the nature of the change suffer'd to be possible . i have , i think , noted before , that the convention did not depose the late king ; did not declare the crown forfeited ; did not require him to make a resignation of it : and tho they justly charge him with many intolerable grievances ; yet they did not call the king to an account for them . nay , they did not so much as declare that the king is accountable ; so that the minds of such as boast of excessive loyalty , have ease as to all these things , that bear so hard a contradiction to their principles ; and as for our selves , we have noted some kindness and condescension with respect to the oath required ; thereby it it is neither required , that we should abjure the title of the late king , nor assert the title of the present . god forbid , therefore , that there should be left any prejudice in us from the hard proceeding of the government in either kind : if it should , it is plainly as false in its ground , as 't is like to be evil in its consequence , especially if we stiffen our disloyalty with the continuance of a scandalous impeachment of our rulers and legislators , for severity intended against the church ; and a designed alteration or change of the ancient constitution of this hereditary monarchy : the one i hope is as true as the other . obj. the statute of hen. . so much depended on , was made by a king that had no title to the crown himself . answ . what then ? doth it follow that the statute is not of force ? upon that ground we must blot out a great part of our statute-book , which is full of laws made by such kings ; and the best of our laws have no force , if the observation hath any truth , that the worst kings made the best laws . object . but 't is a law mischievous to the right of our kings . answ . it is much this mischief hath not been discovered by our former kings or parliaments ; that so mischievous a law should continue through so long a tract of time unrepealed : 't is confess'd , it may be inconvenient , and prejudice the interest of a king de jure ; but we ought in reason to set this against it , that it is a law at all times convenient , and serving the ease , quiet and safety of the kingdom , for whose sake kings themselves are : 't is hereupon that the lord bacon tells us , that the spirit of this law was wonderfully pious and noble : upon this ground , as one saith well , because they who had no hand in the sin , should bear no share in the punishment . and the lord bacon adds , that this wanted not prudence and deep foresight ; for it did the better take away occasion for the people to busy themselves to pry into the king's titles ; for that however it fell , their safety was already provided for . and as the late author , that cites my lord bacon for these words , adds very well , the meanest capacity will not be wanting for a rule of that subjection , which every soul owes to the higher powers : but if the subject ought first to satisfy himself , touching the right of his prince ( especially in such a time of contest as there was many years betwixt york and lancaster ) certainly every soul could hardly be so well satisfied , as to be subject for conscience sake . chap. viii . whether a king can make laws , limiting the crown . obj. though it be acknowledged that a king de facto hath power to make other laws , viz. laws for peace and justice , yet it is a doubt whether a king that hath no right to the crown , can make laws for limiting the succession of the crown , as is now to be done . answ . it is confess'd , that when it was pleaded against the title and claim of the duke of york , that there were divers entails made to the heirs males of hen. . it was answered , there had been none made by any parliament heretofore as it is surmised , but only in the seventh year of k. henry the fourth . — but that act taketh no place against him that is right inheritor , &c. howbeit all other acts made in the said parliament since , have been and are sufficient against all other persons . upon this law , the foresaid distinction seems grounded ; but i think very weakly for these reasons : . because this very law mentions henry the fourth , with the addition and title of king , without any diminution , as appears in the words cited . . the ground upon which that entail was declared null , was not a want of power in king and parliament , to make a law about the succession ; but as they declare , in the dukes first answer , that no oath , being the law of man , ought to be performed , when the same is against the truth , and the law of god : implying , as afterwards they speak out , it was a law , though of man , it faileth not for want of authority , being made by a king de facto with his parliament ; but the reason why it could not oblige , was taken from the matter of it , it diverted the descent and succession of the crown , according to right of inheritance . . the argument that a king de facto hath no power to make laws to limit the crown , because he is supposed to have no right to the crown himself : i say , this seems not cogent . 't is true , 't is supposed he had no right at first , and his usurpation cannot be thought to create any just title to the crown , yet when he hath it , hath not he right , or rather authority in law , by his possession , to use it ? that is , to make laws . if not , then all the laws he makes , even those for peace and justice , are void , for want of authority , which this very law against the entail of hen. . denies . i grant , all positive laws made by a rightful king , or by an usurper , are equally voidable , i. e. repealable . but if we speak of such laws as are void of themselves , it seems to me , they must be so , one of these two ways ; either for want of due authority to make laws ; or , with respect to something in the matter of such laws as is destructive of them . for the first way , 't is granted me , that a king de facte only , hath authority enough to make laws generally speaking : if his laws therefore be not of force to limit the succession , 't is for another reason mention'd before , taken from that special matter of the right of inheritance , which , it is thought , cannot be infringed by any law of man. hence 't is still a doubt with me , whether a king de facto hath not an equal power with the most rightful king to make any law , even touching the crown , as any thing else . suppose a king de facto , after some contests about the succession , settle the crown as it ought to go , is not such a law a good law ? wherein can it fail ? neither in matter nor authority . again , the most rightful king , in and by his law , limits the crown , as it ought not to be ; is that law a good law ? no power can make a law that is malam in se , to be bonam . i confess , i see no difference in the legislative power of a king regnant , whether with or without right ; especially , seeing the parliament , which is the body of the kingdom , choose the matter , and give authority to the laws , as well as the king. but this nicety need not trouble us under their present majesties , whose title to the crown , i hope , is unquestionable as well as their possession of it . besides , there is no room for this objection among all our scruples about the oath of allegiance ; for , in our private capacity , we are not to answer for errors in government . if the succession can be supposed to be limited in any point amiss , how can we help it ? what 's that to our duty ? how are we concerned ? the law doth not require us to assert or swear to the act of setling the crown for the future , it requires only our obedience to our present gracious king and queen ; and we do our duty , if we look no further . chap. ix . the honour of the church of england , no just objection against our taking the new oath . obj. i have heard it offer'd by some , that tho it be lawful to submit to the present government , and to take the new oath of allegiance , yet by our doing it , the church of england suffers in her honour , and her distinguishing character of loyalty . sol. i have some reason to hope , that with several persons , not perfectly reconciled or satisfied , this is the last objection that remains unanswered . i shall therefore briefly , with all the strength i have at present , set my self to remove it , and so conclude . . i confess , loyalty hath been reckoned the character of the church of england , and in a great measure , very deservedly : but if we mean such loyalty as doth distinguish her from all other churches of christians in the world , it may be an argument of singularity , and reflection upon all other protestant churches , ( as well as popish ) principles and practices , as some lately have made manifest demonstration . and how honourable or laudable that is , i determine not , but it may be considered . . i perceive the movers of this objection do not say , that 't is unlawful to take the new oath : and indeed , that is granted in the nature of the objection ; for if the oath be refused only , because 't is dishonourable to take it , 't is supposed to be in it self lawful , tho not expedient : and indeed , the argument would have force enough , if there were not some heavier thing than honour to be put into the other scale . . and thus the present argument is not directly matter of conscience , but of prudence : for the matter in genere , and in its first consideration , is granted to be indifferent ; and 't is to be determined to be good or evil by the addition of something to it , in our special and secondary consideration . now here you lay honour and reputation in the scale , and this hath its weight ; but if we put necessity against honour and reputation , the weight of these is inconsiderable ; and what is the consequence ? why , that which we thought was not to be done , because it was dishonourable , we see it must be done , because 't is necessary : this is the law of prudence ; and expediency changeth sides : that which was expedient not to be done , for the sake of reputation ; 't is now expedient it should be done , when the necessity of it appears with its greater weight . . you already perceive how easily this applies it self to the case in hand , admitting something of dishonour may in general , and prima facie , attend the action ; for the very granting it to be an indifferent thing in it self , whether i take this oath or not , plainly determines the case , and puts an end to the controversy . . for i boldly and peremptorily pronounce , that if it be indifferent , it hath such additions and circumstances , as cannot but make it an indispensible duty , rebus sic stantibus ; from the argument or ground of necessity , viz. both precepti & medii . . first , there is a necessity of the precept or law that makes it to be our duty to take this oath , which is but the security of our allegiance ; 't is required by the nature of our constitution , and immemorial custom , which is our common law ; 't is required from the paction betwixt prince and people , to secure each other by their respective oaths ; 't is required by virtue of the statute of hen. . whereby we are to acknowledg the king regnant , to whom alone we owe allegiance , and must secure it . and lastly , 't is expresly required in the laws of our own making by our representatives in the present parliament ; in and by which parliament the king and queen have equally sworn and plighted their troth to us . whence protection and allegiance are both the natural and legal results of the relation betwixt king and subject , which very titles do after a sort import so much . . nor is the taking this oath necessary only by the law of nature , and by the common law of the land , and acts of parliament , but by the law of god. if we should grant it to be perfectly indifferent without it , yet we must grant , that if it be determined by the word of god , it thereby becomes necessary . now i should think , that to obey the powers in being , is as clearly commanded by the law of god in the holy scriptures , as by any other law whatsoever : and that we cannot , or do not obey the powers in being , if we refuse to take the oath ; which , we say , is in it self indifferent , when expresly required by the laws of the land. . i think it is the sense , not only of the church of england , but of all good christians , that the word of god makes it our duty to obey the government in all indifferent things made necessary by our own laws : and that we are bound to such obedience , not only for wrath , but conscience sake : conscience towards god , his ordinance , and command : let us not misjudg it for our honour or reputation , to change our boasted loyalty into disobedience , which is scarce to be avoided without obeying the laws of god and man , and taking the oath . secondly , but were there no other law requiring us to take this oath , doth not the necessity of it , as it is a means , make it our duty ? what if reputation weigh something with us , doth not the danger of the publick , continued by our stiffness , weigh more ? do we talk of honour , when the commonwealth lies at stake ? is it comely for a souldier to be playing with a feather in his cap , when hannibal is at the gates ? . pardon me , if zeal hath eaten me up , and i cannot contain : o jerusalem , for my brethren and companions sakes , i will now say , peace be within thee , yea , because of the house of the lord our god i will seek to do thee good . . who considers how much is owing to niceness and strangeness to the government , for the hazards and blood of ireland and scotland already ? who weighs the further consequences of it both at home and abroad ? where is our compassion to our protestant brethren , our concern for the reformation , our charity to the kingdom , our justice to our protectors , our kindness to our friend , our gratitude to our deliverer from popery and tyranny ? these are substantial and weighty things ; and what are the colours of a pretended reputation in comparison of these ? . what do we mean , upon a point of honour to throw a glove to the government ? is it reasonable or fit for us to provoke the king to a quarrel , who hath so many enemies already , and must stake three kingdoms to our little reputation ? yea the interest of the protestant world too , of which he is made the protector ? . is it not satisfaction enough for you , that you have plaid the men , and stood it out as long as there was the least hopes of serving the interest of the late king , and so long vindicated your loyalty to him ? is is not now become morally impossible he should ever return but by the assistance of the french king ? that is , without inslaving us openly to the antichristian powers ( of which he is the head ) under a haughty , cruel , and most barbarous conqueror . . besides , how unaccountable are principles , that engage a man against his own , as well as the publick interest ? as if a man were bound to oppose and fight with himself and all about him : certainly this is a miserable strait , and such as one cannot imagine the wise and good providence of god should bring us into . . by disobeying the law , and our distance with the government , we continue a breach , at which a common destruction may enter ; then we know we are lost in the common calamity . if god in mercy prevent that , and preserve us with wonder , against our own averseness , as he hath done , then there is yet a breach betwixt the government and us : if we do not destroy the publick and our selves that way , yet we may destroy our selves , when we might help it . a man may be felo de se , by destroying himself by our law ; and fur de se , by depriving and stealing himself from him , to whom his service is due , by the imperial law ; and proditor de se , by the law of nature , if he descend from the dignity of humanity , and submit to the danger which he might avoid . i speak as to wise men ; judg ye what i say . . 't is a plain thing i am about to speak , which , if duly pondered , must needs put an end to the whole controversy ; at least i think so ; 't is this ; none can be ignorant that the late king hath put himself into that condition , that the french king is now actually endeavouring to serve himself of him , for the conquest of these kingdoms ; he hath put himself absolutely into the monsieurs power ; he truckles under him in the irish commissions ; he hath either sold his dominions to that king , or so delivered up his interest in them to his management , that 't is a piece of madness to imagine but that the french will reap the advantage of any success god may suffer to be obtained against us . perhaps we may think the poor king james was forced to it ; but i know you will say , you had no hand in that force , and you could not help it ; and is not the thing de facto so ? is it any thing to you by what means , or upon what motives this came to pass ? but it being certainly so , you cannot now think but that , seeing the state of things is such , your allegiance to king james is ceased ; unless you owe it also to the king of france , which god forbid ; for while you continue to discountenance the government , you cannot do more to further the designs and methods of our ruin. . the apostle makes expediency the rule of our practice , in things indifferent ; so that some things are to be done , or not to be done , because expedient , or not expedient ; upon which this objection is urg'd . now if it be indifferent in it self to take or refuse the oath , i hope what hath been said is enought to satisfy us where the expediency lies . all things are not expedient ; why ? because all things edify not ; much more if they ruine and destroy . it is something , non promovent publicum ecclefiae bonum , if they do not promote the publick good of the church ; much more si magis destruant , if they tend to its destruction , as authors gloss upon the text. . one would think this consideration might fully convince us that our obligation to the present king , &c. is widely different from that which lay upon the people during oliver's usurpation ; they had reason to refuse , or at least to suspend the recognition of a tyrant , whose government was arbitrary , and was never owned by the people in a free parliament ; who never took upon him the name of king , the proper title of our soveraign in all our laws ; under whose violence and great oppression the kingdom in general groaned for deliverance in the return of their rightful king ; and might laudably hazard their lives and estates , if there was any hopes ; the accomplishment whereof by the wonderful providence in its due time was happily effected in the restauration of king charles the second . but what is our case now ? is it not quite contrary ? we do acknowledg we are now rescued even from destruction as well as oppression , and what can we look for upon a new change but a scene of blood , the loss of all our civil and ecclesiastical liberties , under french and popish slavery ? what can we hope for , if the lion bereft of his whelps , thirsting after revenge , be let loose upon us ? will not his rod that smarted before , be turned into a scorpion , and the latter end of his tyranny be worse than the beginning ? . blessed be god , there is an unclean spirit ejected , and our house is swept and garnished ; is his return to be courted , or indeed to be hazarded ? if he should re-enter , will he not pester us with more and worse devils if possible ; when in vain and too late , perhaps we may wish we had never encouraged or occasioned our renewed and aggravated misery . it highly concerns us to do what we can to prevent it ; and i see no other way left us to shew our apprehension of the danger , but by comforting the king who , under god , hath dispossess'd us ; and who only , under heaven , is the visible instrument of our preservation from that last estate ( to use our saviour's words ) that will be worse than the first ; which i hope we are yet sensible was bad enough ; and how we can do this , without assuring him of our grateful and cheerful allegiance and fidelity , by taking the oath , i cannot see , at least i doubt not but enough hath been said to demonstrate the inexpediency of our continuing to refuse it , and consequently upon that argument ; a necessity of taking it ; notwithstanding the objection of the reputation of the church of england for her singular loyalty . . to conclude ; i need not mind you , since the three estates in parliament , with the generality both of the gentry and clergy throughout the kingdom , have left you ( perhaps three or four in a county , take one county with another ) that yet stand out ; i say , i need not mind these very few in comparison , how fitly they took to themselves the name of the church of england ▪ or how likely a thing it is for them , by scrupling the oath , to preserve her reputation of loyalty in their own sense . let the time past suffice , that they have endeavoured it so long as there was any hopes to do it ; but now if the case be plainly desperate , 't is time for them , upon all the arguments , so many worthy men as have laboured in print for their satisfaction , to cry quarter , and to yield to the prevailing power ; i mean to come in and submit , and give the required security thereof , by taking the oath of allegiance to king william and queen mary , whom god long preserve and prosper . an appendix . the objection from the word allegiance considered . after i had put an end to my former discourse , i heard of the following objection . object . it is said , that allegiance being the word in the new , as well as in the old oath ; it seems , it ought to be understood in the same latitude and sense in both : then how can we safely swear allegiance to the present king and queen in the same sense , in which we have sworn allegiance to the former king , while the former king is alive ? answ . i hear this is the scruple of some ingenuous persons ; for whose sake i shall accommodate my answer to their own principles , as neer as i can : first , by shewing , that those two oaths , though both are called oaths of allegiance , yet they are not of the same latitude in the matter of them . secondly , that though in a great measure , they are admitted to have the same sense ; and though in that sense in which we have sworn allegiance to the former king , we are required to swear allegiance to the present king and queen , yet we safely and honestly do it . . for the first . it is plain , that the former oath , though it be called the oath of allegiance , yet it hath more in the matter of it , than can be imported in the word allegiance ; it hath two manifest parts of a different nature ; the first acknowledgeth the king's just title to the crown , as rightful king ; and is found in the form of an assertory oath . the other is as plainly promissory ; i will bear faith and true allegiance , &c. now though with respect to this promissory part of the old oath , we should grant , that by the new oath we are to swear in the same words , and in the same sense ; yet 't is more than evident , that these words cannot be intended to assert any thing about the title of the crown ; and in all likelihood , the assertory part of the former oath was left out on purpose in the new , to avoid matter of scruple or offence . yet 't is confess'd that argument suffers but little in its strength , if both these oaths agree , or are the same in any substantial matter , while men doubt that the former oath doth oblige them to bear allegiance to king james , in the same sense in which we are required to take the new one . it behoves me therefore now to prove the second thing proposed , viz. that though allegiance have the same sense and meaning in both , and we have before sworn it to king james in that sense , yet we may safely and honestly swear to bear faith and true allegiance to king william and queen mary . object . the objection , in short is this , if allegiance sworn to king james be due to him by virtue of our oath , it cannot be due to king william and queen mary in the same sense it is due to king james . answ . the answer is as short ; for if allegiance be due to king william and queen mary , in the same sense that we swore to king james ; then 't is not due to king james , tho we so swore : for our former oath cannot oblige us to king james , to the injury of king william and queen mary , it would then be a bond of iniquity . we see the objection and answer stand both upon the same ground , namely , that obedience or allegiance cannot be due to two kings in the same sense at once . therefore if i prove that allegiance is due to the present king and queen , it must be yielded , that our former oath to king james cannot oblige us to pay such allegiance to him . my argument is this ; allegiance is due to the supreme power in being , therefore it cannot be due in the same sense to any other ; because the same allegiance cannot be due to two kings at once : but king william , &c. are the supreme power in being . to this , what can be replied , but either , that king william and queen mary are not the supreme power in being , against all sense ; or , that allegiance is not due to the supream power in being , against all kind of law , as i shall shew presently . object . but may it not be supposed , that there may be a king de jure , that is not so de facto ? and is there no allegiance due to such a king , especially if we have sworn it to him ? answ . but was he not king de facto , as well as de jure , when we swore allegiance to him ? was that oath ever taken , but to the king , and under that very consideration , as actually our king ? we suppose a king de jure , but what 's that ? he hath right to be king : and doth not that very thing prove that he is not king , as he hath right to be ? and consequently he hath right to our allegiance no otherwise , but as he hath right to be king , and dependently upon it ? that is , remotely , and upon the supposition , that he obtain his right , and be actually king again , as he was when we first sware allegiance to him . here the rule seems to have place ; [ rebus sic stantibus ] we owe allegiance to the king while he is actually so : if he ceases to be so , we do not owe him that allegiance that is due to a king in possession : if he have a right to be king , we do not therefore owe him actual obedience , until he recover and enjoy , or have that right indeed , upon which depends our obebedience . our oath at first included that known condition , si res in eodem statu permanserint . object . but we have sworn to king james , and who can absolve us ? or how can our obligation to him cease , or be dissolved ? answ . the strict question here , is not , whether that obligation be suspended only , or wholly taken off ? that is , whether there remains no obligation upon us to king james ? but whether the obligation be such as prevents or hinders our lawful swearing allegiance to the powers in being ? there is a duty owing to the present government , which must be first allowed ; and then the supposed obligation to the late king , what ever it be , must be such as may consist with that duty . i need not here mention how many ways our allegiance to the late king is ceas'd ; from the removal of the object , he ceasing to be king ; from the rule of all allegiance , the present laws ; the reason and end of government , or the like . 't is enough to my present purpose to prove that allegiance is due , and consequently we may lawfully take the new oath to our present king and queen . and therefore no consideration of any former oath should make us deny or delay the performance of our duty to them . this is the point i am come to prove , which seems to me very easy to be done , from the law of nature ; the law of holy scripture ; and the laws of the land. first , obedience to our parents , civil as well as natural , is a law of nature . our actual governours are our nursing fathers and nursing mothers : this is of moral and eternal reason ; and the obligation thence upon us , is antecedent to any obligation , that we can be supposed to contract by our oath to any particular person contrary thereunto ; which , as our law saith , is but of human provision . our law-books ground our allegiance upon the same reason ; protectio trahit subjectionem : allegiance is founded in protection upon moral arguments of justice and gratitude . and the casuist affirms , allegiance is intrinsecal , and so essential a duty , and as it were , fundamental to the relation of a subject , ( qua talis ) as that the very name of a subject doth after a sort import it . the consequence is , that allegiance is not due to one , that hath not possession , and therefore hath not power to protect us , whatsoever his right may be ; but it is due to the present king , &c. that doth in fact protect us without any consideration of his right to the crown . . allegiance ( faith the bishop again ) is a duty that every subject , by the law of nature , owes to his country , and consequently to the supreme power thereof ; that is , to his country as the end , to the king as the means of that end. now the end being more noble than the means , for which the means hath both its use and very being , as such ; if that which is ordained to be a means of preservation of our country , change its nature and proper intention , and becomes a means and instrument of its destruction , we cannot , in the reason of things , be bound any longer to use it . for , as he saith in another place , whatsoever is done for any end , is so far to be done , as it doth seem necessary and profitable for that end. now 't is not denied , but that the government in the hands of king james was used , not for the preservation of our country , but its destruction ; and contrary to the ends of all government : yea , such as pretend some allegiance yet due to him , do they not rather fear than hope for his return to the government ? which , in all moral assurance , they know would be more pernicious to us than it was before he left us . besides , we are now under powers that do actually and happily serve the ends of government . we must hence conclude , that by virtue of our allegiance due to our country , which is of first and greater consideration , our allegiance to our late king , as contrary , or inconsistent therewith , is dissolved , and become due to the present government . . further ; by the law of nature , salus populi is both the supreme and the first law in government , and the scope and end of all other laws , and of government it self . now how this can be preserved by our allegiance to any other but the government in being , is , i think , unintelligible . perhaps some are yet to learn , what that meaneth , i will have mercy and not sacrifice : what sacrifice ? why , god's own service : what mercy ? why , to save life ; either of an ox fallen into a ditch , or a sick man. now what was that service of god that must yield to that mercy to man and beast ? was it the observation of the sabbath ? and what was that but , as it were , an oath of allegiance to god ? it is , saith god , a sign between me and you ; yet this oath binds not , this testimony is invalid , this service is no duty , when it comes in competition with charity or mercy to man or beast . the reason is , there is a prior and eternal obligation to those moral duties . is not then the service of the king , though sworn in the oath of allegiance ( that sign or testimony between king and subject ) is not this discharg'd , or dispenc'd with , when salus populi , the preservation of three kingdoms is concern'd and in danger ; and the more by the colour of our pretended allegiance ? i think there is much weight in the words of a late author : i can be sure , saith he , of nothing , if i am out in this notion , that no oath can bind any longer , than the obligation thereof is consistent and reconcileable with salus populi , the welfare ( the spiritual and temporal welfare of the people ) which is the sole end of all government . and seeing the safety and preservation of the community depends upon the promise of allegiance to the supream governor for the time being ; and the subjects are under a plain necessity , either to hazard or ruine the publick , or to transfer their allegiance ; they may certainly do it lawfully ; yea , are bound to do it by the law of laws ; salus populi suprema lex . secondly , so much briefly for the law of nature . now do not the holy scriptures warrant the same ? do we find any , either in the old or new testament , that scrupled or were question'd for their obedience to the powers in being ? i think the present reverend and learned dean of sarum , dr. pearse , hath a sermon in print , to prove submission to governments , a fundamental of the christian religion . i am sure our saviour , and more largely st. paul , require our obedience to the powers that are , without any consideration of their title ; merely , because of their authority and administrations ; in which the apostle expresly founds the duty of subjection for conscience sake . the arguments to this purpose , lately urged from romans . by several worthy authors , i despair of ever seeing tolerably answered ; to whom i refer my reader : only let us meditate those notable counsels of god by the prophet , seek the peace of the city , ( babylon , where the people were captives to their tyrannical enemies ) and pray unto the lord for it ; for in the peace thereof , ye shall have peace . jer. . . thirdly , lastly , is there not sufficient in our own laws to justify our allegiance to a king regnant , without our being satisfied touching his title ? have we not the authority of former ages ? is not our statute-book a clear testimony of it ? in what time was it ever denied ? who was ever censured or punished for granting it ? are not all such kings who reign'd without right , recorded as kings of england , and their laws as authentick and obligatory ? is it not evident then , that allegiance due to a king regnant ( with right or with none ) is agreable to the state and principles of this monarchy , and founded in the usage and common law of england ? but that which methinks should put the matter beyond question , is the known and often mentioned stat. of hen. . . grounded , as it speaks the sense of the nation , upon reason , law , and good conscience . and though the worthy author of considerations and others , have with a great deal of strength , argued hence to satisfy the scruples of our brethren , and it cannot be expected that i should add any thing very considerable ; yet i shall very briefly observe a few things for our purpose from it . . 't is thereby acknowledged , that a king de facto hath the name and stile of a king of england . . we are to recognize such a one as our soveraign lord. . that allegiance is due to such a king from all his subjects . . that by reason of the same allegiance , they are bound to serve him , even in his wars . . that they are never hereafter to be question'd ( tho the lawful king should recover his right ) for so doing their true duty and service of allegiance , as the words are . . that war made against such a king by his subjects , is rebellion . all these things are plain in the letter of that law , which hath continued unrepealed or unquestion'd for above two hundred years ; and consequently so long hath been the approved sense of the whole nation , that allegiance and true and faithful service is due to our soveraign lord for the time being , whatever his title be . hence it follows , that in the sense of the law , a king de jure only , is not king. the statute saith , the king for the time being ; and seeing we can have but one king , he that hath only right to be king , is no king in being , or for the time being . hereupon i suppose the great lawyers inform us , that the king de jure only is not within the purview of the statute of treason ; is not , as they say , seignior le roy. consequently , if treason cannot be committed against a king de jure , while he is out of possession , allegiance cannot be due to him : which is a duty we owe to the king as our soveragin lord ; and none in the eye of the law is so , but the king in possession : thus the formal reason of the oath of allegiance to the late king ceasing ( if he be no king in law , because out of possession ) the obligation of that oath , with respect to him , ceaseth also , besides much of the matter of our former oath is gone too , for we were sworn to bear true allegiance to him in revealing and preventing treasons against him ; and now he is not an object capable of treason . but they also tell us , treason may be committed against a king regnant without right ; and if so , 't is thence evident that allegiance is due to him : against which treason is directly contrary . treason is an offence against our natural allegiance ; which appears from the form of endictments ; the words are , contra debitum fidei & ligeantiae suae , against the duty of faith and true allegiance ; so near are they to the very words in the oath of allegiance . in a word , to apply it , are not william and mary now regnant and in full possession of the government ? to deny this , is to impose upon our senses : are they not our soveraigns also , to whom we owe allegiance ? this to question , is against all kind of law ? may we be guilty of treason against them ? then , supposed allegiance to their enemy , seems to be a degree towards that treason , and to be a treasonable principle , if brought into act , it tends apparently to the death of the king and queen ; and how far the very opinion is from imagination ; and consequently from the formality of treason , should be soberly considered , at least to abate our consure of the government , that with some severity , requires our allegiance ; and if it may be , to perswade us to timely conformity therein . the sum is , i think we cannot justify our refusing to take the new oath of allegiance to king william and queen mary , without destroying acts of parliament , changing the laws of england , and razing the principles and laws of nature . the words of ii hen. . cap. . bearing to our purpose , are these . the king our sovereign lord , calling to his remembrance the duty of allegiance of the subjects of this his realm ; and that they , by reason of the same , are bound to serve their prince , for the time being , for the defence of him and the land , against every rebellion , power and might reared against him . — and that 't is not reasonable , but against all laws , reason and good conscience ; that the said subjects — any thing should lose or forfeit , for doing their true duty and service of allegiance — it be therefore ordained , that from henceforth no persons that attend upon the king and soveraign lord of this land for the time being , in his person , and do him true and faithful service of allegiance , be in no wise convict , &c. postscript . if in the foregoing discourse i have abused the law in terms or otherwise ( as 't is not unlikely , being out of my way ) i beg pardon of the learned in that faculty . i have nothing to plead in excuse but an honest intention . finis . errata . page . for chap. viii . read chap. ix . page . for chap. ix . read chap. x. books lately printed for awnsham churchil at the black swan at amen-corner . the late lord russel's case , written by the right honourable henry lord de la mere. fol. an historical account of making the penal laws by the papists against the protestants , and by the protestants against the papists . by samuel blucker●… , barrister of grays-inn . fol. obedience due to the present king , notwithstanding our oaths to the former , written by a divine of the church of england . to . a modest enquiry , whether st. peter was ever at rome , and bishop of that church ? to . the spirit of france , and the politick maxims of lewis xiv . laid open to the world. to . memorials of the method and manner of proceedings in parliament in passing bills . o. dr. burnet's tracts in two volumes . o. a collection of texts of scripture , with short notes upon them : and some ▪ other observations against the principal popish errors . o. dr. daniel whitby's treatise of worship of images . — of communion in one kind . — his treatise of tradition , in two parts . — his consideration for taking the oaths to king william and queen mary . dr. worthington of the resurre●… o. mr. masters of submission to●… providence . o. foxes and firebrands , o. st and d parts . a third part in the press . mr. bold's sermon on occasion of the brief for irish protestants . an answer to bishop lake's ( late of chichester ) declaration of his dying in belief of the doctrine of passive obedience , &c. sir william temple's observations on holland . o. — miscellania . o. dr. carswel's assize sermon at abingdon , august . . mr. selden's tabl 〈…〉 to . a list of the present parliament , lords and commmons . present cases stated about allegiance to king william and queen mary . debates of the late oxon and westminster parliaments . o. monsieur jurieu's accomplishment of scripture-prophecies , compleat . new system of the revelations . o. voyage to syam . o. notes, typically marginal, from the original text notes for div a -e vid. cron. ecl. licti . seld. . fortise . de leg. brad. gloss . p. . in vit. hen. . rig●●●●●● royal family . next heir . ed. . stat. . praemunire provisors . ed. . letter to the pope . vid. blounts law dict . f●● . all land in abeyance , or in fie of some man. rule in law. edgar was set aside , being neither in body or mind fit to govern . ingulph . with full consent in parliament the queen of scots was desired to be disabled . burl. letter . and of late the duke of york ▪ noted before . walsingham hist . as they did in rich. . that famous case . dr. brad. p. . vid. dr. brady , p. . as hen. . did . necessitas pracepti . necessitas medii . dr. donne . oliver's vsarpation answers not our case . notes for div a -e . nature . calv. case . by sanderson . case of engag . p. lect. . de leg . s. . exod. . . . scripture . . our laws , a seasonable question, and an usefull answer, contained in an exchange of a letter between a parliament-man in cornwell, and a bencher of the temple, london parliament-man in cornwall. approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing p estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a seasonable question, and an usefull answer, contained in an exchange of a letter between a parliament-man in cornwell, and a bencher of the temple, london parliament-man in cornwall. h. p., bencher of the temple. [i.e. ] p. s.n.], [s.l. : . "the bencher's answer" signed: h.p. reproduction of original in huntington library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng great britain -- politics and government -- - . - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - jonathan blaney sampled and proofread - jonathan blaney text and markup reviewed and edited - pfs batch review (qc) and xml conversion a seasonable question , and an usefull answer , contained in an exchange of a letter between a parliament-man in cornwell , and a bencher of the temple , london . printed in the year , . as vve can , vve shall yeild up to the kings pleasure all the lavvs vvhereby the rights and inheritances of the king and subjects , ought to be distinguished and determined . truly sir , these are edged tooles , not to be played with , i would not come miles to put my neck in a noose . an honest old cavalire whispered tother day to me , that he supposed this prorogation came from french counsels , not only to prevent the parliament from stoping in time the french kings increase of povver at sea and land , but to lead his majesty in obscure , undifcerned paths to the mount of absolute povver . the french knovving too vvell , that vvhensoever the english people shall discover their liberties and lavvs to be invaded , such fires vvill be kindled as they may run avvay in the smoak , and vveshall not be able to contest vvith them either the povver of the sea , or the equallity of trade . but whosoever advised the prorogation , pray sir , let me know whether it be a dissolution . you may perhaps save me a scurvy winter journey , and mony in my pocket , and i assure you we are all very poor , and i do not expect to be paid for secret serviec , i know you can resolve this question as well ( at least ) as my lord chancellor . if it be but a doubtful point , i should think i had best stay at home , none but an undoubted parliament being able lawfully to deside the case , his majesty out of parliament is no competent judge for himself in this point ; and if we should declare our selves to be a parliament legally continued by the prorogation , according to the kings will though not according to the lawes , i should tremble to be assistant in such a sad doom of england , that the meeting of our parliament , and the benefit of our laws , are of the kings grace , and not of right to be injoyed ; only when , & as he pleaseth . neither should i think such a resolution to be of any authority , because we should be parties , and judges , and give sentence to continve our selves in power . you must not , sir , deny me your whole thoughts of this great affair , i have come to parliament twice or thrice , to provide against the multitude of mischiefs and grievancs that threaten our ruine , but did but verifie the proverb , that i came ninescore miles to suck a bull , you know we have not been suffeerd to do anything of moment for several sessions ; but i shall fool my self more , if i should now come miles to sit gravely , and prepare my self for the gallowes , when soever the subjects shall demand right against us , or the crown shall descend to any whose interest shall lead him to call in question what we shall do . you know , sir , you and i were confessors of old under his majesties father , and narroly escaped being martyred for the protestant religion , the lawes of the land , and the priviledges of parliaments , as we belived , we carried as many of those declarations in our pockets , as we had shillings of his coyning , whilst we fought under his banner , and should not i ( sir , ) be an impudent knave , if i should now come and sit in parliament , to declare , that his majesty may of right take away from his subjects the benefit of their principle fundamental laws , about their meeting in parliament , when and as long as he pleaseth , and if he will never suffer a parliament to sit to claim one of the priviledges we swore to maintain . i long for your opinion ( sir ) upon the whole matter , i would neither disobey any lawfull command of his majesty , nor diminish the just english regall power . i would not crop a leaf of any flower of the crown , yet i make as much conscience not to betray my country , or easily yeeld up the antient lawes and government of england , by parliament , to the kings will , to make english freemen tenants at will to the king , of their lawes , their parliaments , their liberties and lives . i am resolved to be an honest man , and thy faithfull friend and hearty servant . the benchers answer . sir , you demand my opinion in a question of the greatest moment , that ever was moved since england was established under civil goverment ; the absolute ruin for our age or the safety of all the ancient english liberties and excellent laws depend upon the right resolving your question . whether this parliament be actually dissovled by the last prorogation for months ? he that will clearly answer you , ought first to consider whether a prorogation ordered and continued beyond a year , can be made to agree with our lawes and statutes concerning holding of parliaments ( which , by the way are the birth-right of english men ) it seemes you have been told of two statutes which enact , that a parliament shall be holden every year ; doutbless they in ended those printed statutes of the . of ed . cap. . and that of the . ed. . cap. . where it is enacted , that for maintenance of the statutes , and redress of divers mischiefs and grievances vvhich dayly happen , a parliament shall be holden every year , as an other time vvas ordayned . these are most taken notice of because they are printed , and were re-inforced by that notable act of the of the late king : which provided effectually for the summoning and electing a parliament every year , without the kings concurent asent , if he neglected or refused two years together to summon a parliament according to those statutes of edvv. . and although this parliament hath repealed that statute and taken from the people that excel●ent meanes to secure their right of parliaments yet they have left us to the force of the antient laws in the case , and in the same act of repeale car. . they have declared and acknowleged those lawes of ed. to be still the lawes and statutes of this realm ; and they have enacted no clause or article that derogates from them , or abates their force . those latter clauses of that act which seem to be enacting being ( as my brethren of the robe speak ) nugatory and insignificant , only praying the king not to intermit the holding of parliaments above years at the most , but to call them as often as there shall be occasion , which in plainer english is an humble motion that he would not neglect his duty , to put the laws in execution longer than two years , but that he would call parliaments as oft as ocasion did require , and that act was to commence from the end of this parliament , what ever was intended by that act , it doth neither weaken the force of those two antient printed statutes , nor of any other unprinted for annual parliaments , this act being only affirmative and consistent with the other . and i ought to tell you that there are more at least to thesame porpose . that of the . ri. . number . in the rolls relates to the jurisdicttive power of parliaments which is often very necessary , as well as the legislative . it enacts , that a parliament be yearly holden to redress delayes in suites , and to end such cases as the judges doubt , the . of ed. . n. and . and the . r. . . n. . and in the . ed. . n. . in the parliament called , the good parliament , the same thing was enacted and confirmed ; and in the opening the parliament , in the . ric. . n. . the lord chancellor in shewing the causes of calling that parliament gives for the second reason of it , that it vvas enasted that a parliament should be yearly holden . and the message sent from the parliament to the king in the . ric. . by the duke of gloster , tells that king , that one old statute and laudable custom is approved , vvhich no man can deny , that the king once in a year do summon his high court of parliament , there to consult vvith the vvise men , and so you may read in grafton , page . . it seems the course of holding yearly parliaments then passed not only for statute law wherein that kings ancestors had joyned with his kingdom to ordain it , but as the most undoubted custom of england , that is the common law de-declared in and by the statutes , they clayming it as their most unquestionable inheritance , being the only root of all their liberties and properties , and the only pollitick meanes of their defence and safeguard , and no doubt our ancestors had reason sufficient to claime their yearly parliaments as the custom or common law of england , seeing no antiquary nor record can shew the original of that usuage , having its beginning with the government it self . certain times for parliament meeting are in truth of the essence of the english government : parliaments were the first appointers or creators of all other offices , jurisdictions , powers and prerogatives in the government , don wallo writing of the brittish lawes tells us of parliaments annuall or oftner amongst them above years before christ. and the mirror of justice tells us that king alfred ordained it for a perpetuall usuage , that tvvice in the year , or oftner , they should assemble at london to treat in parliament of the government of the people . so it was in the saxon's time , and continued in the normans , being admitted by duke william , called the conquerour , as the custom of england , as appears by that antient treatise called , modus antiquus tenendo parliamenti , and after great contest between the king of that race and the people , it was setled by statutes often renewed , that parliaments should be yearly , as the statutes shew . upon the whole , i think it beyond dispute , that by the laws and statutes of our realm , a parliament ought to be holden every year : and surely it is as certain , that the last prorogation beyond a year , being persisted in by the king till the year is past over , did prevent and defeat the execution of those laws , and is in direct opposition to them . the sence of what the lord chancellor said to prorogue the parliament , was a plain contradiction to these laws . he tells them it vvas his majesties will that there should be no parliament holden for one vvhole year and some months next follovving . then the question will be ( if it be any ) whether the king's will and word in the lavv , or his word in the lord chancelor's mouth is most potent ? the whole kingdom in parliament , and all the books of the law , have alwayes judged the law to be the kings superiour , to judge of the validity of all his grants , orders , commissions , patents under great and little seal , and every court in westminster-hall , have always thought its authority sufficient to judge his grants under seal , or any thing he hath done , void , if they did not agree with the law. 't is a civility and honour that our laws pay to the king , that they will not suppose him to will any thing otherwise than as the laws direct or allow him ; and thence it was received as a maxim , that the king can do no vvrong ; indeed all he does contrary to law , is doing nothing ; 't is to be holden for nothing by magna charta it self , therefore if the last prorogation do not agree with the laws , it is a meer nullity . it is worth your remembring , that in the chap. of the great charter it is ordained , that no king should devise or invent any thing to infringe or vveaken the liberties and lavvs . and if either king or subject , should seek out any thing against them , it should be of no value , and holden for nought . if the prorogation were a device or trick sought out to weaken the laws for holding parliaments every year , 't is judged to be nought , or no prorogation by or parliaments , which have confirmed and re-enacted the same charter . but i ought to acquaint you that there are great endeavours to support the prorogation , some alledging with noise enough , that many kings have intermitted parliaments not only for more than a year , but for many years ; but these seem not to understand the question , which is of the validity in law of what the king hath done to the parliament . 't is not now enquired , what remedies there are if kings shall leave undone what the law and their trust require in calling parliaments ; all the positive exercises , of power by the king , may and ought to be judicially sentenced , and approved for good , if agreeable to the laws , or holden for none if they be contrary to the law. and this hath been the un-interrupted usuage of england in all ages ; they have sentenced all his charters , grants . yea his very pardons , that seem to come so singly from his soveraign power or prerorogative ; and the prorogation ought upon the same reason to be tried by the law , and judged void , if so it be by the rules of the law. but the kings omission to put the laws in execution in calling parliaments at the times limitted by the statutes , or in appointing sufficient guards for the seas , or in issuing out commissions to the judges , or any the like , these , i say , cannot be brought into question judicially , there being no possible relief for the people in such cases , but by supplimentary laws to be made in parliament , in case of such omissions , as was done by the parliament . 't is well for the people that the law hath provided , that whatever the king shall do contrary to law , shall go for nought , though they suffer by his neglect , their right and laws remain to them , and such omissions of the king as are before mentioned , have alwayes been esteemed by parliaments and people , failers or breaches of the kings high and sacred trust , and 't is a pittiful argument to prove that the kings might of right , or by the laws omit to do what the law hath trusted to their care , because they have sometimes broke their trust. his late majesty in his declaration of the of august , , when the unhappy war began to rage , freely confessed , that it was upon his prospect the unhappy state of the kingdom , and of the inconveniencies and mischiefs that had grown by the long intermission of parliaments , and by the parting too much from the known rule of the law to an arbitrary power , that induced him to consent freely to that act in , called vulgarly , the triennal act , which was in truth for annual parliaments , re-enacting those very acts of edvv. . before mentioned . he said , he was willing in justice and favour to his subjects , to make them reparations for their sufferings they had undergon by him in omitting parliaments . i remember this chiefly to shew , that his late majesty , when his subjects were in arms against him , freely acknowledged the wrong he had formerly done them , by failing to summon parliaments as the law required : and professed that he had the year before , freely and heartily consented to that act which re-enacted those antient laws of edvv. . which are conceived amongst others , to make the prorogation void . yet i must tell you there are those that affirm , all the laws for annual parliaments , to be musty absolete statutes vvhose strength and life are devoured by time ; but it is enough to stop their mouthes , that they have been declared by two parliaments within years last past , to be the laws of our realm , and indeed they are laws of such a nature , as cannot be weakened by any neglect of their due execution , being declarative of the common law , and a most essential part of the constitution of the english government , which altogether lives and subsists in and by the certainty of parliaments meeting . if it were admitted for truth , that neither the common-law , nor the statutes did indispensably oblige the calling of parliaments , at any certain times , but that their meetings were only at the wills of the kings , then the kings did no wrong if they commanded the people , as was once done in a kingdom , by proclamation , never to mention parliaments more . if these laws be dead of age , the antient famous english-liberty is dead with them , the english must never more claim the name of a free people , if they have no share by right in the government of themselves , by their certain rightful times of parliaments . but my lord cook , part . of instit. pag. . concludes rightly , that no act of prlaiament can loose its force , or be antiquated by non user . unless the reason of it fail , and the use of it is impossible , and by change of time becomes a publick mischief ; but not those especially vvhich are made to bind the kings themselves for the common good , for such are the lavvs for parliaments . yet he that observes in our english law books and histories in the time of king john , hen. . ed. . and ed. . how the nobles and free-holders claimed their right by the common law to meet in parliament before these statutes were made , and how often they compelled their kings , ( i do not say how lawfull such compulsion was ) when need required to call parliaments , and if he observes also how constant these statutes for annual parliaments were executed in many whole kings reigns succeeding each other next after their making , and if he considers how slowly and slily this grand right of the peoples was invaded and stolen upon in latter ages , he will have little reason to pretend a non user of those statutes yet if some neglects and defaults have been committed against the laws , it concerns his majesty in conscience , and the people in interest much more , not to permit it hereafter , least patient sufferánce of the wrong , become an argument against the peoples right . pray sir , read the sense of our ancestors upon the kings neglect of executing a law against the pope , whom they then adored , 't is the statute of provisors of the of ed. . these are the words , the king seeing the dammages and mischiefs before mentioned , and having regard to the said statute , &c. which statute holdeth its force , and was never defeated , repealed , nor annull'd ; and by so much he is bounden by his oath to cause the same to be kept as the law of the realm , though that by sufferance and negligence , it hath been sithence attempted to the contrary . truly sir , these seem to be honest , plain , old english words , and if the statutes about parliaments were put in the front or preface , they would sound well from his majesties mouth in a nevv statute . but some there are , sir , who find softer cushons in a parliament seat than you do , who to avoid the nullity of the prorogation , assert , that the statutes for yearly parliaments , may be dispenced vvith by the kings soveraign povver and prerogative , being ( say they ) only councils and advices to the king , and not obligatory . this is boldly said , if it could be as soundly proved , it would put all questions between the king and his subjects to everlasting silence ; if he can legally or of right dispence , or absolve himself from all the bonds of the law , for holding parliaments , by whom the lawes are to be maintained , and the highest transgressors punished , he may dispence with the lawes whereby all other courts sit , and then he is loose from all lawes , and nothing of right can be claimed of him by the subject . to dispute with statutes of this nature by the king without limitation of time or other rule than his will , is the same in other words , as to repeale or anull these statutes , and revive them again when he pleaseth ; and that is to asume to the crown , singly , the legislative power which consists as much in anulling as in making lawes . and if that be the kings rightfull power , then all the laws are absolutely dependant upon the will of the king . i have read that an attempt of the same kind was made by king rich. . in setting up a phantatick opinion ( as the parliament then called it ) saying , that the lawes of the realm were in his head and in his breast ; but it cost the people very dear , both in blood and treasure , to confute it : and the poor king lost his crown , and life for that fancy . i will not trouble you or my self with the common ( yet dangerous ) doctrine of my tribe , about the kings power to dispence with penall lawes , by his non obstante : i am only to inquire in this case , what dispensing power the king hath , over the statutes made and declared only to bind and limit the kings themselves , in the execution of their trust about the government , such as are in their prime true intent , sacred pacts , or arguments between the king and people , though in honuor to the king , there could not be aded to them the sanction of a penalty upon the king judicialy . these statutes that i now discourse of , are the foundations of our government , and declarative only , shewing what our government is , that is , by king and parliament , and how far the crown is trusted with the power of caling parliaments ; that is , as often as there should be ocasion within every year , and not otherwise . our government was never originally founded upon such rediculous folly by our wise ancestars , as to intend themselves to be a free people , to make and alter their own lawes , for their government with their kings , and he to call them to parliament to that intent , and to leave it absolvtely to the kings will , even lawfully , or of right by their fundamental laws , to defeat their meeting in parliament for ever . if our government were so founded , and doth so continue , our english crown is of right , or by law , in no kind restrained , limitted or bounded in the exercise of the regal power unless it please , and if the kings shall condescend to consult with parliaments , and agree to some statutes to limit themselves , there is no more done than was by the men of gotham , that made a hedge for the coockows . these reasons , sir , are not urged to shew any defects in our government , which may or ought to be amended , but to prove , that our government was founded upon such certain laws and customs , that the kings never had absolute power , but that the power of parliaments , and their certain meetings , were of right , and as much a part of our government as the kings themselves . and i think it self evident from the nature and manner of the english government , owned in all ages , to be quallified by laws , binding both king and people , that the king cannot more dispence with the laws which limit the times wherein parliaments ought to be holden , than with the laws that preserve our lives and estates from being subject to this will. parliaments are of the essence of our government , and must have the times of their assembling indispensible ; and if it be not of right by law , that they are to be held within cercain circles of time , as custom and law have appointed , then there 's no necessity in law that they should be held at any time if the king please , and by consequence , they are none of the essentials of our government , but the government may be without them . if the kings may of right dispence with the times appointed for holding parliaments , they may break all the bonds of other laws , no other power daring to question them , all but parliaments deriving their power from them . charles the seventh , and levvis the eleventh of france , first subverted the liberty of the french , and all their antient customs and laws by usurping that pretended prerogative , of dispensing with the certain times of the meetings of their assembly of estates , by that means they suffered them to meet very seldom , and their immediate successors proceeded to arrogate to themselves more power over those assemblies , untill they have in fact ( perhaps not in right ) abolished almost the memory of them , and reduced the people to a miserable slavery , the people having no other fence of their liberty . dear sir , to deal plainly , i believe the opinion that the king might dispence with parliaments meeting notwithstanding the statutes , or prorogue them as long as he pleaseth , is built upon that gross vulgar error , that parliaments are the creatures of the kings will , because they are summoned by his writs , and dissolved also vvhen he thinks sit . i wish our government were better understood both by our lords and commons , they ought to know that the writts of summons for a parliament once a year , are to be issued by the king in obedience to the laws , and if there be occasion for calling them oftener , the writts issue in performance of the kings trust and oath , to remove by parliaments , the mischiefs that afflict the people . the statute of provisors edvv . speakes this plainly , viz. the commons pray the king , that sith the right of the crovvn of england , and the lavv of the said realm is such that upon the mischiefs and dammages vvhich happen to his realm , he ought and is bound by his oath , vvith the accord of his people in parliament , thereof to make remedy and lavv. this king and people agreed , that it was the english constitution , and kings duty to call parliaments as the lawes required ; and if any mischiefes happened , he was bound by his oath then to call them and to joyne in accord with them to remove the mischiefs and dammages , before they were dissolved ; else by the declaration in this law he saved not his oath by calling them . and as the law binds the king upon oath , to send out the summons for parliaments , so it provides the very form of the vvrit which must be sent , the king must summon them in no other form than the law hath appointed , the law hath not trusted the king to adde to , leave out , or alter one word in the writ of summons ; an act of parliament only can vary one tittle of it . the law hath also prescribed to parliaments their business in general , which are the matters that concern the king , the state , and the defence of the realm . these are words so large , that there seemes to be nothing that concerns the wellfare of king or people , which doth not fall under their consultations . but , pray sir observe , that 't is not the kings will that impowers your brethren , that 's no more than a command of the law by the king ex officio , that the people do impower such as they elect they are to authorize them as the writ declares , to do and consent to what shall by the common council of the kingdom be then ordained ; ita quod ( saith the vvrit ) pro defestu potestatis hujusmodi , &c. so that for want of such power , the foresaid business may not remain undone . the parliament derives not any power from his majesty , but from the first root of government , the peoples choyce , according to the laws : for that reason , indentures are , and ought to be sealed between the people and the elected , and then they are immediately invested with a share of the legislative power , for that time , which is the greatest and highest power and therefore in its own nature independent , every estate having share in the legislative power , for the proportion it hath therein , hath its independency of the other two and of its proper right , as founded in the fabrick and fram of the policy and government , not derived from the grace of the king by grant or commission . i have said too much i doubt against the power of the king to despense with the statutes for yearly parliaments , and yet i must adde this one thing more , that parliaments are by many statutes as well as by the common law , our highest court of judicature , before whom comes writts of error , and the last appeales in all cases . and that ancient mirror of justice tells us that their judicature was intended to hear and determine the complaints of the wrongfull acts of the king , the queen , and their children , and of those persons against whom the subjects otherwise could not have common justice ; now if the king can of right dispence with the certain appointed sitting of this judicature , he can lawfully say the wrongs that i and my great ministers ( too bigg for other courts , ) shall do to the people , shall never be heard or judged but at my will ; their complaints shall not be admitted once in . years , nor till domes day , unless i please . if our men of the robe will maintain such a dispensing power in the king with the statutes in question , they must say , that the king may by law prevent and defeat the last results of justice , and null the highest court of judicature , founded on the common law , and let them tell me , why he may not , by the same right and reason , despence with the lawes whereby all the inferior courts of judicature now fits , or adnull the courts themselves , and throw all things into a confused chaos , where the strongest shall injoy every thing , upon these premises , i may dare to conclude , that the laws for holding a parliament every year , stand firm and immutable , untill an undobted parliament shall repeale them by some express words , and that the prorogation can never be reconciled to those lawes ; or be helped by any power of the kings to despence with them , but must be judged inconsistent with the lawes , that are of the essence of our government ; having actually defeated the execution of them , and therefore ought to be holden for nothing , and the day appointed for your meeting to be no day , for that purpose , in the sence of our law . supposing then , that i having hitherto rightly concluded , the question will be , whether the kings dismission of the parliament , without any day set for their return and their continuing so beyond the year , be a dissolution ? ill , tell you , sir , the method of my thoughts upon this question , that i might not be couzened with words , nor intangled in trifling disputes about them i first consider , whether dissolving a parliament were a term of art in our law , and ought to have some peculir sence gained by the use of it in the law ; but finding it used only in its vuilgar sence . i perceived it signified to break off , or put an end to a parliament , and all their business and authority ; so that a dissolution may be made , without the king or lord chancellors , saying , you are hereby dissolved , the force of the law or custom of england , may put an end to a parliament . of old , the finishing the business of the people , for which they were called , did dissolve them . see the ancient modus tenendi parliamt . the custom was that when all the petitions for relief against grievances were dispacthed , proclamation was made , demanding if any petition were yet unanswered , and if there was none , the parliament forth with departed , this was the naturall death or dissolution of a parliament , but if the king did command the lords , and commons to depart before they had suffitiently consulted about the state ; and defence of the king and kingdom , and set up-day for their return , that was the voilent death of a parliament , and i doubt a violence to the kings conscience . but it was usuall for the kings to dissolve parliaments either by leave or command given them to depart , fixing no day for their return ; so testify the antient rolls of the . ed. . n. . and . ed. . n. . , ed. . n. . . ed. . n. . . t is by force of law that the writ of sumons to parliament abates or becomes void by the kings naturall death , and the parliament , is thereby dissolved . upon the same reason a failer of some circumstance , as the naming such a time as the law allowes , to which it is adjourned , the holding and continuing a parliament , if judged necessary by the law , for preserving both the form and substance of the government , i say such a fayler in time onely , may by act of law , dissolve a parliament even against the will of the king , and if such a failer happens , if the king should step out of the form of the law to revive a parliament , it would alter the whole government by owning a power in the king to vest in such as he please the legislative power out of the form of the law . in making a parliament , the king hath his power from the law to summons , and the form wherein only he can exert that power : and the elected have their power from the people by the writ of the law , what to do and consent to on their behalf at the time and place then mentioned ( as the writ says , tunc & jbidem ) and these powers must by the law be strictly and punctually persued , and nothing less than an act of parliament can help any defect or failer in persuance of these powers ; if the parliament then meet as the law requires , if they fayl to be continued in the form of the law , then by the act of law , they are dissolved , not being able to create to them selves a day or time which will not agree with the returnes to the writ of summons , by which their masters impowred them to consent on their behalf . neither is this a nicety or quirk in law , but a form essentialy necessary to preserve our liberties . if the representatives , trusted for the people , to do and consent for them at the time and place mentioned , in the lawfull writ , after a fayler of continving their trust , as the law directs , pceede to act as a parliament , they must do it without any appointment or power given them from the people , in any form of law , and in the appearance and judgment of the law , without any authoritie , and if they might do it after fayler of a legall continuance one year , they may do it after years ; and because they were once commissioned by the people to represent them in one parliament , they should therefore make themselves lords of the people , and of their laws lives and liberties for ever ; and admit whom they please ( as some have done heretofore ) into their society , and if it should be admitted , that any number of men , might exercise a share of the legislative power , without evidence in law , upon record , that they were thereunto first sufficiently authorized and therein legally continued , it would give a fatall stroak to the antient english government and all its lawes and liberties , sir from these principles i tell you freely my opinion , that the parliament is dissolved , having been dismissed , or commanded to depart , without a day to return within the time that the laws require a parliament to be holden , and that time also lapsed since their dismission ; i think it not material in the case , what words the lord chancellor said when he dismissed them ; if he said , you are prorogued , or you are dismissed , or you are sent home , or you must be gon , 't is all one ; i mind what was really done ; you were in substance and sence of the words commanded to dissolve your assembly , and you were told that all the business before you was at an end , as if it had not been ; and that you must not assemble again or hold parliament for above a year then following ; and you did separate your selves , and never held parliament within the year , and this by the act and judgment of the law hath dissolved you ; there hath been a failer of any such act in law as could continue you in the commission and authority whereunto the people hath chosen you , in the form that the laws hath prescribed : the king declaring , under the name of proroguing you that all the 〈◊〉 you had begun should be void , and that you should not meet in parliament the next insuing year ( as the law required , i say that declartion of the kings could not in any construction of law , be an act of continuance of your power and commission , you had from the people , the execution whereof was thereby wholly defeated ; likewise there was no act of your own , by adjournment of your house , to continue you , and therefore your authority was wholly superseded , and discontinued . i know nothing that can be pretended to prevent your discontinuance , but the kings will that you should sit again months after the year expired ; but his prevention of your sitting for above a year , having contrary to the law and his trust , first discontinved you , his will cannot give , or renew , those parliamentary powers , that the people gave you in return of the legall writ ; the lord cooke sayth . part. instis. chap. parl if you sit again , you are a severall parliament from vvhat you vvere , ( if you be a parliament ) every distinct session , being in lavv a severall parliament . and your former authorities being ceased by a failer of continuance , you can have none but what the kings will vest in you , and i need not tell you , that the king cannot chuse for the people their representatives . to me it seemes playn , that the king having not continued you , nor you continued your selves , nor having set or held parliament for above a year , the law hath dissolved you , and judged you for none . i have not time to write you all the talks of the town upon this question ; some have invented a new fashion prorogation , for the king to prorogue without day , and call the parliament again by proclamation ; but their mouths must be stopped , if they be only told , that such a practise or use of prorogation , hath no foundation in any statute , custome usage , or reason of law , and the king cannot change the lawes and customes or introduce new . i take a prorogation , sine die , if any such be made , to be as void in law , as a writ of summons of a parliament would be , that named no day for their sitting . and there can be no pretence of antiquity for such prorogations , the words of adjornment and prorogation , having been used in differently for the same thing about . years , if not more they were so taken in the state of . e. . n. . and how long after i cannot find ; but it would have been a plain contradiction in termes , to have said , then the parliament is adjorned , sine die , that is , it was appointed to meet at another day , without a day . it s a sign that men are sore pinched , when they will assert contradictions rather then submit to truth . i ought to tell you one thing more that is said in this case ; they pretend a president , that the king hath prorogued above a year , they say , that in the great plague , in the . of eli. that parliament was prorogued for a year and three dayes , what then ? say they therefore the king might do it now . such arguers shew themselves pittifull logitians , lack-lerning lavvyers , and degenerate english men ; is it a logicall arguments to say , that what ever any king of england hath once or oftner done , may be lawfully done by any other king . an english king ; rich. . by pretence of royall authority cut many a worthy mans throat , and murdered his unkle , the duke of gloster . an other king , iohn , sold this kingdom to the pope may it therefore be lawfully sold ? and have any lawyers learned so little , as not to know that there is no president to be alledged against an express statute ? or not to know a transgression of a statute , even by the king , if silently passed over , and never brought into judgment , is not in the meaning of the law to be called apresident . there 's no use of presidents , unless it be to shew the usage where there is no statute in the case , or to serve the construction of a statute , where the meaning is doubtfull ; but where so many statutes are plaine and express , as in this case , 't is in vain to alledge what hath been done , and connived at , without questioning it , as a president to warrant the present breach of those statutes ▪ or rather to anull them forever . and they must also as much degenerate from english men as from logick and lavv , who shall assert that the kings of england may acquire a right or power to themselves and their successors for ever , by their ancestors transgressing any statute , made to bound the regall power . all true english have alwayes maintained with their blood , that our kings were limmitted by the laws and that they broke their oaths if they did not carefully see to the execution of them . and in dayes of yore , they have been so far from allowing the son and succesor of a king , to break any of the laws , because his father did so before him , they have rejected the father because he kept not within the limmits of the law , and taken the son upon his promise not to walk by his fathers example . sir , i have told you my thoughts upon the question , being satisfied that the kings will being declared upon record , that you should not hold parliament within the time limmited by law , you were thereby dissolved , and the authorities given you by the people , did thereby cease and return into the people ; and the kings will that you should afterwards hold parliament again , being not agreeable to law , could not revive your power . and in my poor opinion , if you now assume to your selves to exercise parliamentary powers , becaus the king will have ' it so , you must pass this fatall judgment against the old english government , that the king may lawfully prorouge you for . years if he please , and may refuse for ever to hold a parliament ; and if such a judgment , seemingly passed in parliament against our fundamentall lawes and liberties , shall ever be left to the interpretation of any successors to our gracious king , who shall intend a tyranny , he shall claim by that record to be our absolute master , and neither lords nor commons , to have any right to provide in common counsel for the defence of the realm , and their own good government and wellfare , unless be please . in fine , our innocent babes shall hereafter read in that record , that you judged your selves and them to be perfect slaves , all prostitute to the will of the king . doubtless if it be granted that the people have no right to parliaments , but at the kings will , we shall never have any king after this , that will tell us , as king iames did , in his speech to the parliament held march. . . that he vvas not ashamed to confess it , his principle honnor , to be the great servant of the common vvealth , and that he knevv himself to be ordained for the people , and not the people for him . i shall not advise you to come or stay i have herein delivered my one soul ; as becomes your fithfull and affestionate friend ▪ h. p. finis . to the kings most excellent majesty: the humble petition of the lords and commons now assembled in parliament delivered at colebrook, nov. . by the earls of pembrooke and nothumberland, lord wainman, m. perpoint, and sir jo. hippesley. england and wales. parliament. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) to the kings most excellent majesty: the humble petition of the lords and commons now assembled in parliament delivered at colebrook, nov. . by the earls of pembrooke and nothumberland, lord wainman, m. perpoint, and sir jo. hippesley. england and wales. parliament. charles i, king of england, - . england and wales. sovereign ( - : charles i). sheet ([ ] p.) s.n., [london : ] place and date of publication from wing. includes: his majesties answer to the foresaid petition, given to the committee at colebrooke, nov. . . date of proceedings from steele. reproduction of the original in the british library. eng charles -- i, -- king of england, - -- early works to . great britain -- history -- civil war, - -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no to the kings most excellent majesty: the humble petition of the lords and commons now assembled in parliament delivered at colebrook, nov england and wales. parliament. a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion to the kings most excellent majesty : the humble petition of the lords and commons now assembled in . parliament delivered at colebrook , nov. . by the earls of pembrooke and northumberland , lord wainman , m. perpoint , and sir jo. hippesley . we your majesties most loyall subjects , the lords and commons in parliament assembled , being affected with a deep and piercing sense of the miseries of this kingdom , and of the dangers to your majesties person , as the present affairs now stand , and much quickned therein with the sad consideration of the great effusion of blood at the late battell , and of the losse of so many eminent persons ; and farther weighing the addition of losse , misery , and danger to your majesty and your kingdom which must ensue , if both armies should again joyn in another battell , as without gods speciall blessing , and your majesties concurrence with your houses of parliament , will not probably be avoided . we cannot but believe that a sutable impression of tendernesse and compassion is wrought in your majesties royall heart , being your self an eye-witnesse of the bloody and sorrowfull destruction of so many of your subjects ; and that your majesty doth apprehend what diminution of your own power and greatnesse will follow ; and that all your kingdoms will thereby be so weakned , as to become subject to the attempts of any ill affected to this state . in all which respects we assure our selves , that your majesty will be inclined graciously to accept this our humble petition , that the misery and desolation of this kingdom may be speedily removed and prevented : for the effecting whereof , we most humbly beseech your majesty to appoint some convenient place , not far from the city of london , where your majesty will be pleased to reside , untill committees of both houses of parliament may attend your majesty with some propositions for the removall of these bloody distempers and distractions , and setling the state of the kingdom , in such a manner as may conduce to the preservation of gods true religion , your majesties honour , safety , and prosperity , and to the peace , comfort , and security of all your people . his majesties answer to the foresaid petition , given to the committee at colebrooke , nov. . . we take god to witnesse how deeply we are affected with the miseries of this kingdom , which heretofore we have stroven ( as much as in vs lay ) to prevent ; it being sufficiently known to all the world , that as we were not the first that took up arms , so we professed our readinesse of composing all things in a fairway , by our severall offers of treaty ; and shall be glad ( now at length ) to finde any such inclinations in others . the same tendernesse to avoyd destruction of our subjects ( whom we know to be our greatest strength ) which would alwayes make our greatest victories bitter to vs , shall make us willingly hearken to such propositions , whereby these bloody distempers may be stopped , and the great distractions of this kingdom setled , to gods glory , our honour , and the well-fare and flourishing of our people . and to that end shall reside at our own castle at windsor ( if the forces shall be removed ) till committees may have time to attend vs with the same ( which , to prevent the inconveniences that may intervene , we wish may be hastened ) and shall be ready there , or ( if that be refused us ) at any place where we shall be , to receive such propositions as aforesaid , from both our houses of parliament . do you your duty , vve will not be wanting to ours . god of his mercy give a blessing . by the king, a proclamation for the adjournement of part of michaelmas terme england and wales. sovereign ( - : charles i) approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a stc . estc s ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) by the king, a proclamation for the adjournement of part of michaelmas terme england and wales. sovereign ( - : charles i) charles i, king of england, - . broadside. by i.l. and w.t. for bonham norton, and iohn bill ..., printed at oxford : m.dc.xxv [ ] "giuen at the court at tichfeld the fourth day of september, and in the first yeere of his maiesties reigne of great britaine, france and ireland." formerly stc --cf. stc ( nd ed.). reproduction of original in the harvard university. library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due 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each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng proclamations -- great britain. great britain -- history -- charles i, - . great britain -- politics and government -- - . - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion by the king . ¶ a proclamation for the adjournement of part of michaelmas terme . the king our soueraigne lord considering the great and generall infection of the plague which at this present is in the cities of london and westminster , and other places neere adioyning , and how perilous it might bee to his louing subiects , if they should bee enforced to repaire thither for their suites and causes before such time as it shall please almighty god of his goodnesse and mercy to remooue or ease that heauy visitation . his maiestie therefore of his especiall grace and fauour to his people : and for their better safety and preseruation , is pleased to adiourne part of the tearme of saint michael now next comming : that is to say , from the vtas thereof vnto the fourth returne of the same tearme called mense michaelis , which his maiestie signifieth to all and singular his louing subiects of this his realme , to the intent that they and euery of them which hath cause or commandement to appeare in any of his highnesse courts at westminster , in , or at any day or time , from and after the said vtas of saint michael , may tarry at their dwellings , or where their businesse otherwise shall lye , without resorting to any of the said courts for that cause , before the said mense michaelis next comming , and that without danger of forfeiture , penalty , or contempt to incurre towards his highnesse in that behalfe . and neuerthelesse his maiesties pleasure is , that two of his iustices , that is to say , of either bench one , shall the first day of michaelmas tearme next , called octabis michaelis , according to the ancient order of the lawes , keepe the essoines of the said octabis michaelis , at which vtas of saint michael , writs of adiournament ( which his maiestie hereby commandeth the lord keeper of the great seale of england to make foorth , shall bee directed to the said iustices , giuing them authority to adiourne the said tearme of saint michael , ( that is to say ) from the vtas thereof , vntill the fourth returne , as before is said : and the said adiournament shall bee made in the first day of the said vtas , commonly called the day of essoines . and further his maiesties pleasure is , that all matters , causes , and suites depending in any of his other courts betweene party and party , as in his highnesse courts of chauncery , star-chamber , and exchequer , courts of wardes and liueries , dutchie of lancaster , and court of requests shall haue continuance , and the parties shall haue day from the da●e of these presents , vntill the said fourth returne as before is said . prouided alwayes , and his maiesties pleasure and commandement is ▪ that all collectours , receiuers , sheriffes , and other accomptants , and all other persons that should , or ought to accompt , or pay any summe , or summes of money in any of his maiesties courts of exchequer , courts of wardes and liueries , and of his dutchie of lancaster , or in any of them , or to ●nter into any accompt in any of the said courts , shall repaire vnto his maiesties house of richmond , where his highnesse hath appointed such officers and ministers , as for that purpose his maiestie hath thought expedient , and there to pay and doe in euery behalfe , as though no such proclamation of adiournement had beene had or made . and his maiesties further pleasure and commandement is , that all sheriffes shall returne their writs and proces against all such accomptants and debtors , at the dayes therein appointed . and if any person , or persons , who ought to accompt , or pay any summe , or summes of money to his maiestie in any of the courts and places afore-said doe make default therein , that then his highnesse writs and proces shall bee awarded and sent foorth against euery such person and persons , and the same to bee duly and orderly serued , and returned by the sheriffes and officers thereunto appointed in such like manner and forme as the same should haue beene if this present proclamantion had not beene made . and if any sheriffe or other officer shall make default , or bee negligent in seruing , executing , or returning of any the writs and proces aforesaid , that then euery such sheriffe and other officer shall incurre such paines and penalties as by the said courts , or any of them shall bee taxed and assessed , willing and commanding all and euery his maiesties sheriffes , officers , ministers and subiects , to whom it doeth , or shall appertaine to obserue and keepe their assemblies and apparances with all their returnes and certificats in his highnesse said courts at westminster in mense michaelis next comming , then and there to be holden and kept , and there to doe their offices and duties in euery behalfe in like manner and forme as they should , or ought to haue done if this present proclamation had not beene had or made , as they will answere to the contrary at their perils . giuen at the court at tichfeld the fourth day of september , and in the first yeere of his maiesties reigne of great britaine , france , and ireland . god saue the king. printed at oxford by i. l. and w. t. for bonham norton , and iohn bill , printers to the kings most excellent maiestie . ann. m.dc.xxv . the humble desires and propositions of the lords and commons in parliament tendered to his majestie, feb. and his maiesties gracious answer and propositions, febr. , [i.e. ]. england and wales. parliament. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing e a). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e a estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the humble desires and propositions of the lords and commons in parliament tendered to his majestie, feb. and his maiesties gracious answer and propositions, febr. , [i.e. ]. england and wales. parliament. charles i, king of england, - . [i.e. ] p. printed for edward husbands, and are to be sold at his shop ..., london : febr. , [i.e. febr. , ] "die lunæ, februar. , . it is this day ordered by the commons in parliament assembled that the propositions from both houses, and his majesties answer unto them this day received, be forthwith printed and published: h. elsynge, cler. parl. d. com." identified on film as wing e (number cancelled). reproduction of original in the harvard university library. eng great britain -- history -- civil war, - . great britain -- politics and government -- - . a r (wing e a). civilwar no the humble desires and propositions of the lords and commons in parliament, tendred to his majestie, febr. . and his maiesties gracious ans england and wales. parliament a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion an order of the house of parliament concerning the gathering in of the pole-moneys . die veneris , may , . ordered that the knights and burgesses of every county be forth-with enjoyned to write unto the severall sheriffs of every county , that they require all the commissioners of their respective counties , to make present return of all such certificates of the pole-mony , as have not yet bin returned according to the former order of this house , and also be enjoyned to take into their custody the severall certificates of every severall county already returned respectively , and to examine the true state of them , and that where they find any certificates not returned or defective , that they forth-with give notice unto the severall commissioners of each county inhabiting within forty miles of this city , to make their returns by the last of this instant may , & all those beyond that distance by the twentieth of iune next , and being so by them examined , that they take a speedy course to returne the same unto the committee for accompts and pole-money at such time as they shall be required by the said committee , who have agreed to call for them with all speed , and to digest them into forme , that so they may present them unto the house , and to begin with the city of london and westminster , according to a former order in that case . and it is further ordered , that the sheriffs of the severall counties respectively doe certifie into how many severall divisions , the commissioners of the severall counties did divide themselves within the counties for the collecting of the pole-money . printed by a. n. for iohn franck . a proclamation of his majesties grace, favour, and pardon to the inhabitants of his county of chester england and wales. sovereign ( - : charles i) this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing c ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing c estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a proclamation of his majesties grace, favour, and pardon to the inhabitants of his county of chester england and wales. sovereign ( - : charles i) charles i, king of england, - . broadside. by l. lichfield ..., [oxford : ] at head of title: by the king. "given at our court at oxford, the ninth day december, in the eighteenth yeare of our reigne." imprint suggested by wing. reproduction of original in the bodleian library. eng proclamations -- great britain. great britain -- history -- civil war, - . great britain -- politics and government -- - . a r (wing c ). civilwar no a proclamation of his majesties grace, favour, and pardon to the inhabitants of his county of chester england and wales. sovereign a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion c r honi soit qvi mal y pense royal blazon or coat of arms by the king . ¶ a proclamation of his majesties grace , favour , and pardon to the inhabitants of his county of chester . whereas we have taken notice , that by the malice , industry , and importunity of severall ill-affected and seditious persons in our county or chester , very many of our weake and seduced subjects of that our county have not only beene drawne to exercise the militia , under colour of a pretended ordinance , without and against our consent , ( a crime of a very high nature , if we would strictly enquire thereinto ) but have made contributions of plate , money , and horses , towards the maintenance of the army now in rebellion against vs ; we doe hereby publish and declare , that we are gratiously pleased to attribute the crimes and offences of our said subjects of that county , to the power and faction of their seducers ; who , we beleeve , by threates , menaces , and false informations compelled and led them into these actions of undutifullnesse and disloyalty towards vs ; and we doe therefore hereby offer our free and gracious pardon to all the inhabitants of our said county of chester , for all offences concerning the premisses committed against vs , before the publishing of this our proclamation , except sir william brereton knight , against whom wee shall proceed according to the rules of the law , as against a traytour and stirrour of sedition against vs , and whom wee doe hereby require all our officers and ministers of iustice , and all our loving subjects whatsoever , to apprehend , and cause to be kept in safe custody till our pleasure be further knowne . provided , that this our grace shall not extend to any person , who after the publishing this our proclamation shall presume by loane or contribution , to assist the said army of rebells , to assemble and muster themselves in armes without authority derived from vs under our hand , to enter into any oath of association for opposing vs and our army , or to succour , or entertaine any of the persons excepted in this our proclamation , or in our declaration of the th of august . but we must and doe declare , that whosoever shall henceforward be guilty of the premisses , or of either of them , shall be esteemed by vs , as an enimy to the publike peace , a person disaffected to vs , and to the religion and lawes of the kingdome , and shall accordingly receive condigne punishment , of which we give them timely notice , that they may proceed accordingly at their perills . and wee doe hereby will and require our high sheriffe , commissioners of array , iustices of the peace , and all other our officers , and loving subjects to resist , oppose , and apprehend all such persons as shall presume to make any leavies in that our county , under what pretence soever , without authority derived from vs under our hand . and we likewise will and require them , and every of them to be assistant to all such as shall either command the traine bands of that our county , or make any leavies in the same , by vertue of our commission under our great seale , or signe manuall . ¶ given at our court at oxford , the ninth day of december , in the eighteenth yeare of our reigne . god s : ave the king . the free-holders grand inquest touching our sovereign lord the king and his parliament to which are added observations upon forms of government : together with directions for obedience to governours in dangerous and doubtful times / by the learned sir robert filmer, knight. filmer, robert, sir, d. . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing f estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the free-holders grand inquest touching our sovereign lord the king and his parliament to which are added observations upon forms of government : together with directions for obedience to governours in dangerous and doubtful times / by the learned sir robert filmer, knight. filmer, robert, sir, d. . p. in various pagings : port. [s.n.]. london : mdclxxix [ ] after "the author's preface" follow three special title pages: reflections concerning the original of government ..., london, -- the anarchy of a limited or mixed monarchy ..., london, -- an advertisement to the jury-men of england touching witches ..., london, . imperfect: tightly bound with loss of print. reproduction of original in the harvard law school library. the free-holders grand inquest -- observations upon aristole's politiques touching forms of government -- directions for obedience to government in dangerous or doubtful times -- observations concerning the original of government -- the anarchy of a limited or mixed monarchy -- an advertisement to the jury-men of england touching witches. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng political science -- early works to . witchcraft. great britain -- politics and government -- - . - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - rina kor sampled and proofread - rina kor text and markup reviewed and edited - pfs batch review (qc) and xml conversion augustissimi caroli secundi dei gratia angliae scotiae franciae et hiberniae rex bona agere & mala pati regium est page . . the free-holders grand inquest , touching our sovereign lord the king and his parliament , to which are added observations upon forms of government . together with directions for obedience to governours in dangerous and doubtful times . by the learned sir robert filmer , knight . claudian ▪ de laudibus stiliconis . fallitur egregio quisquis sub principe credit servitium : nunquam libertas gratior extat quàm sub rege pio . — london , printed in the year mdclxxix . the author's preface . there is a general belief , that the parliament of england was at first an imitation of the assembly of the three estates in france : therefore in order to prepare the understanding in the recerche we have in hand , it is proper to give a brief accompt of the mode of france in those assemblies : scotland and ireland being also under the dominion of the king of england ; a touch of the manner of their parliaments shall be by way of preface . . in france , the kings writ goeth to the bailiffs , seneschals , or stewards of liberties , who issue out warrants to all such as have fees and lands within their liberties , and to all towns , requiring all such as have any complaints , to meet in the principal city , there to choose two or three delegates , in the name of that province , to be present at the general assembly . at the day appointed , they meet at the principal city of the bailiwick . the king 's writ is read , and every man called by name , and sworn to choose honest men , for the good of the king and commonwealth , to be present at the general assembly as delegates , faithfully to deliver their grievances , and demands of the province . then they choose their delegates , and swear them . next , they consult what is necessary to be complained of , or what is to be desired of the king : and of these things they make a catalogue or index . and because every man should freely propound his complaint or demands , there is a chest placed in the town-hall , into which every man may cast his writing . after the catalogue is made and signed , it is delivered to the delegates to carry to the general assembly . all the bailiwicks are divided into twelve classes . to avoid confusion , and to the end there may not be too great delay in the assembly , by the gathering of all the votes , every classis compiles a catalogue or book of the grievances and demands of all the bailiwicks within that classis , then these classes at the aslembly compose one book of the grievances and demands of the whole kingdom . this being the order of the proceedings of the third estate ; the like order is observed by the clergy and nobility . when the three books for the three estates are perfected , then they present them to the king by their presidents . first , the president for the clergy begins his oration on his knees , and the king commanding , he stands up bare-headed , and proceeds . and so the next president for the nobility doth the like . but the president for the commons begins and ends his oration on his knees . whilst the president for the clergy speaks , the rest of that order rise up , and stand bare , till they are bid by the king to sit down , and be covered , and so the like for the nobility . but whilst the president of the commons speaks , the rest are neither bidden to sit , or be covered . thus the grievances and demands being delivered , and left to the king and his counsel , the general assembly of the three estates endeth , atque ita totus actus concluditur . thus it appears , the general assembly was but an orderly way of presenting the publick grievances and demands of the whole kingdom , to the consideration of the king : not much unlike the antient usage of this kingdom for a long time , when all laws were nothing else but the king's answers to the petitions presented to him in parliament , as is apparent by very many statutes , parliament-rolls , and the confession of sir edw. coke . . in scotland , about twenty dayes before the parliament begins , proclamation is made throughout the kingdom , to deliver in to the king's clerk or master of the rolls , all bills to be exhibited that sessions , before a certain day : then are they brought to the king , and perused by him : and onely such as he allows are put into the chancellour's hand , to be propounded in parliament , and none others : and if any man in parliament speak of another matter , than is allowed by the king , the chancellour tells him , there is no such bill allowed by the king. when they have passed them for laws , they are presented to the king , who , with his scepter put into his hand by the chancellor , ratifies them , and if there be any thing the king dislikes , they raze it out before . . in ireland , the parliament , as appears by a statute made in the tenth year of hen. . c. . is to be after this manner : no parliament is to be holden but at such season as the king's lieutenant and councel there , do first certifie the king , under the great seal of that land , the causes and considerations , and all such acts as they think fit should pass in the said parliament . and such causes and considerations , and acts affirmed by the king and his councel to be good and expedient for that land : and his licence thereupon as well in affirmation of the said causes and acts , as to summon the parliament under his great seal of england had and obtained . that done , a parliament to be had and holden after the form and effect afore rehearsed , and if any parliament be holden in that land contrary to the form and provision aforesaid , it is deemed void , and of none effect in law. it is provided , that all such bills as shall be offered to the parliament there ; shall first be transmitted hither under the great seal of that kingdom , and having received allowane and approbation here , shall be put under the great seal of this kingdom , and so returned thither to be preferred to the parliament . by a statute of and of philip and mary , for the expounding of poynings act , it is ordered , for the king 's passing of the said acts in such form and tenor as they should be sent into england , or else for the change of them , or any part of them . after this shorter narrative of the usage of parliaments in our neighbour and fellow kingdoms , it is time the inquisitio magna of our own be offered to the verdict or iudgment of a moderate and intelligent reader . reflections concerning the original of government , upon i. aristotle's politiques . ii. mr. hobs's leviathan . iii. mr. milton against salmasius . iv. h. grotius de iure belli . v. mr. hunton's treatise of monarchy . vi. another treatise of monarchy , by a nameless author . arist. pol. lib. . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . london , printed in the year mdclxxix . the anarchy of a limited or mixed monarchy . or , a succinct examination of the fundamentals of monarchy , both in this and other kingdoms , as well about the right of power in kings , as of the original or natural liberty of the people . a question never yet disputed , though most necessary in these times . lucan . lib. . libertas ( — populi quem regna coercent libertate perit : — neque enim libertas gratior ulla est quàm domino servire bono — claudian . london , printed in the year mdclxxix . an advertisement to the jury-men of england , touching witches . together with a difference between an english and hebrew witch . london , printed in the year mdclxxix . the argument . a presentment of divers statutes , records , and other precedents , explaining the writs of summons to parliament : shewing , i. that the commons by their writ are onely to perform and consent to the ordinances of parliament . ii. that the lords or common councel by their writ are only to treat , and give counsel in parliament . iii. that the king himself only ordains and makes laws , and is supreme iudge in parliament . with the suffrages of hen. de bracton . jo. britton . tho. egerton . edw. coke . walter raleigh rob. cotton . hen. spelman . jo. glanvil . will. lambard . rich. crompton will. cambden , and jo. selden . the free-holders grand-inquest touching our sovereign lord the king , and his parliament . every free-holder that hath a voice in the election of knights , citizens or burgesses for the parliament , ought to know with what power he trusts those whom the chooseth , because such trust is the foundation of the power of the house of commons . a writ from the king to the sheriff of the county , is that which gives authority and commission for the free-holders to make their election at the next county-court-day after the receipt of the writ ; and in the writ there is also expressed the duty and power of the knights , citizens and burgesses that are there elected . the means to know what trust , or authority the country or free-holders confer , or bestow by their election , is in this , as in other like cases , to have an eye to the words of the commission , o●… writ it self : thereby it may be seen whether that which the house of commons doth act be within the limit of their commission : greater or other trust than is comprised in the body of the writ , the free-holders do not , or cannot give if they obey the writ : the writ being latine , and not extant in english , few free-holders understand it , and fewer observe it ; i have rendred it in latine and english. rex vicecomiti salut ' . &c. quia de advisamento & assensu concilii nostri pr●… quibusdam arduis & urgentibus negotiis , nos , statum , & defensionem regni nostri angliae , & eccles●… anglicanae concernen ' , quoddam parliamentum nostru●… apud civitatem nostram west . duodecimo die novembr●… prox . futur ' teneri ordinavimus , & ibid. cum praelat●… magnatibus & proceribus dicti regni nostri colloquiu●… habere & tract : tibi praecipimus firmiter injungent●… quod facta proclam . in prox . comitat ' tuo post receptione●… hujus brevis nostri tenend ' die & loco praedict . duos mili●… gladiis cinct ' magis idoneos & discretos comit ' praedict●… & de qualib . civitate com' illius duos cives , & de qu●…libet burgo duos burgenses de discretior ' & magis suffcientibus libere & indifferenter per illos qui proclam ' h●…jusmodi interfuerint juxta formam statutorum inde ed●… & provis ' eligi , & nomina eorundum milit ' , civium ●… burgensium , sic electorum in quibusdam indentur ' int●…te & illos qui hujusmodi election ' interfuerint , inde confidend ' sive hujusmodi electi praesentes fuerint vel absentes , inseri : eósque ad dict' diem & locum venire fac ' . ita quod iidem milites plenam & sufficientem potestatem pro se & communitate comit ' praedicti , ac dict' cives & burgenses pro se & communitat ' civitatum & burgorum praedictorum divisim ab ipsis habeant , ad faciendum & consentiendum his quae tunc ibid ' de communi consilio dicti reg . nostri ( favente deo ) contigerint ordinari super negotiis ante dictis : ita quod pro defectu potestatis hujusmodi , seu propter improvidam electionem milit ' civium aut burgensium praedictorum , dicta negotia infecta non remaneant quovismodo . nolumus autem quod tu nec aliquis alius vic' dicti reg . nostri aliqualiter sit electus . et electionem illam in pleno comitatu factam , distincte & aperte sub sigillo tuo & sigillis eorum qui electioni illi interfuerint , nobis in cancellar ' nostram ad dict' diem & locum certifices indilate , remittens nobis alteram partem indenturarum praedictarum praesentibus consut ' una cum hoc breve . teste meipso apud westmon . the king to the sheriff of greeting . whereas by the advice and consent of our councel , for certain difficult and urgent businesses concerning us , the state and defence of our kingdom of england , and the english church : we have ordained a certain parliament of ours , to be held at our city of the day of next ensuing , and there to have conference , and to treat with the prelates , great men and peers of our said kingdom . we command and straitly enjoyn you , that making proclamation at the next county-court after the receipt of this our writ , to be holden the day , and place aforesaid : you cause two knights , girt with swords , the most fit , and discreet of the county aforesaid : and of every city of that county two citizens ; of every borough , two burgesses of the discreeter and most sufficient ; to be freely , and indifferently chosen by them who shall be present at such proclamation , according to the tenor of the statutes in that case made and provided : and the names of the said knights , citizens and burgesses so chosen , to be inserted in certain indentures to be then made between you , and those that shall be present at such election , whether the parties so elected be present , or absent : and shall make them to come at the said day , and place : so that the said knights for themselves , and for the county aforesaid , and the said citizens , and burgesses for themselves , and the commonalty of the aforesaid cities , and boroughs , may have severally from them , full and sufficient power to perform , and to consent to those things which then by the favour of god shall there happen to be ordained by the common-councel of our said kingdom , concerning the businesses aforesaid : so that the business may not by any means remain undone for want of such power , or by reason of the improvident election of the aforesaid knights , citizens , and burgesses . but we will not in any case you or any other sheriff of our said kingdom shall be elected ; and at the day and place aforesaid , the said election made in the full county-court , you shall certifie without delay to us in our chancery under your seal , and the seals of them which shall be present at that election , sending back unto us the other part of the indenture aforesaid affiled to these presents , together with this writ . witness our self at westminster . by this writ we do not find that the commons are called to be any part of the common councel of the kingdom , or of the supream court of iudicature , or to have any part of the legislative power , or to consult de arduis regni negotiis , of the difficult businesses of the kingdom . the writ only sayes , the king would have conference , and treat with the prelates , great men , and peers : but not a word of treating or conference with the commons ; the house of commons which doth not minister an oath , nor fine , nor imprison any , but their own members ( and that but of late in some cases ) cannot properly be said to be a court at all ; much less to be a part of the supream court , or highest judicature of the kingdom : the constant custom , even to this day , for the members of the house of commons to stand bare , with their hats in their hands in the presence of the lords , while the lords sit covered at all conferences , is a visible argument , that the lords and commons are not fellow commissioners , or fellow counsellors of the kingdom . the duty of knights , citizens , and burgesses , mentioned in the writ , is only ad faciendum , & consentiendum , to perform and to consent to such things as should be ordained by the common councel of the kingdom ; there is not so much mentioned in the writ as a power in the commons to dissent . when a man is bound to appear in a court of justice , the words are , ad faciendum & recipiendum quod ei per curiam injungetur : which shews , that this word faciendum is used as a term in law to signifie to give obedience : for this , we meet with a precedent even as ancient as the parliament-writ it self , and it is concerning proceedings in parliament . . ed. . dominus rex mandavit vicecom ' quod &c. summon ' nicolaum de segrave , & ex parte domini regis firmiter ei injungeret , quod esset coram domino rege in proximo parl. &c. ad audiendum voluntatem ipsius domini regis &c. et ad faciendum & recipiendum ulterius quod curia domini regis consideraret in praemissis : our lord the king commands the sheriff to summon nicholas segrave to appear before the lord our king in the next parliament to hear the will of the lord our king himself , and to perform and receive what the kings court shall further consider of the premises . sir ed. coke to prove the clergy hath no voice in parliament ; saith , that by the words of their writ their consent was only to such things as were ordained by the common councel of the realm . if this argument of his be good , it will deny also voices to the commons in parliament , for in their writ are the self-same words , viz. to consent to such things as were ordained by the common councel of the kingdom . sir edw. coke concludes , that the procuratores cleri , have many times appeared in parliament , as spiritual assistants , to consider , consult , and to consent ; but never had voice there ; how they could consult , and consent without voices he doth not shew : though the clergy ( as he saith ) oft appeared in parliament , yet was it only ad consentiendum , as i take it , and not ad faciendum , for the word faciendum is omitted in their writ ; the cause , as i conceive is , the clergy , though they were to assent , yet by reason of clerical exemptions , they were not required to perform all the ordinances or acts of parliament . but some may think , though the writ doth not express a calling of the knights , citizens , and burgesses to be part of the common councel of the kingdom ; yet it supposeth it a thing granted , and not to be questioned , but that they are a part of the common councel . indeed if their writ had not mentioned the calling of prelates , great men , and peers to councel , there might have been a little better colour for such a supposition : but the truth is , such a supposition doth make the writ it self vain and idle ; for it is a senseless thing to bid men assent to that which they have already ordained : since ordaining is an assenting ; and more than an assenting . for clearing the meaning and sense of the writ , and satisfaction of such as think it impossible but that the commons of england have alwayes been a part of the common councel of the kingdom , i shall insist upon these points . . that anciently the barons of england were the common councel of the kingdom . . that until the time of hen. . the commons were not called to parliament . . though the commons were called by hen. . yet they were not constantly called , nor yet regularly elected by writ until hen. . time . for the first point m. cambden in his britania , doth teach us , that in the time of the english saxons , and in the ensuing age , a parliament was called , commun●… concilium , which was ( saith he ) praesentia regis , praelatorum , procerumque collectorum , the presence of the king , prelates and peers assembled ; no mention of the commons : the prelates and peers were all barons . the author of the chronicle of the church of lichfield , cited by m. selden , saith , postquam rex edvardus , &c. concilio baronum angliae , &c. after king edward was king ; by the councel of the barons of england he revived a law which had layen asleep threescore and seven years : and this law was called the law of st. edward the king. in the same chronicle it is said , that will. the conquerour anno regni sui quarto apud londin ' , ha●… concilium baronum suorum , a councel of his barons and of this parliament it is , that his son hen. . speaks saying , i restore you the laws of king edward the confessor , with those amendments wherewith my father amended them by the councel of his barons . in the fifth year , as m. selden thinks , of the conquerour , was a parliament or principum conventus , a●… assembly of earls and barons at pinenden heath i●… kent , in the cause between lanfranke the arch-bishop of canterbury , and odo earl of kent . the king gave commission to godfrid , then bishop of constan●… in normandy , to represent his own person for hearing the controversie ( as saith m. lambard ; ) and caused egelrick the bishop of chichester ( an aged man , singularly commended for skill in the laws and customes of the realm ) to be brought thither in a wagon for his assistance in councel : commanded haymo the sheriff of kent to summon the whole county to give in evidence : three whole dayes spent in debate : in the end lanfranke and the bishop of rochester were restored to the possession o●… detling and other lands which odo hath withholden ▪ . ed. . fol. . there is mention of a parliament held under the same king william the conquerour , wherein all the bishops of the land , earls and barons , made an ordinance touching the exemption of the abby of bury from the bishops of norwich . in the tenth year of the conquerour : episcopi , comites , & barones regni regia potestate ad universalem synodum pro causis audiendis & tractandis convocati , saith the book of westminster . in the year of william . there was a parliament de cunctis regni principibus ; another which had quosque regni proceres : all the peers of the kingdom . in the seventh year was a parliament at rockingham-castle in northampton-shire . episcopis , abbatibus cunctique regni principibus una coeuntibus . a year or two after , the same king , de statu regni acturus , &c. called thither , by the command of his writ , the bishops , abbots , and all the peers of the kingdom . at the coronation of hen. . all the people of the kingdom of england were called , and laws were then made ; but it was per commune concilium baronum meorum , by the common councel of my barons . in his third year , the peers of the kingdom were called without any mention of the commons : and another a while after , consensu comitum & baronum , by the consent of earls and barons . florentius wigoriensis saith , these are statutes which anselme and all the other bishops in the presence ▪ of king henry , by the assent of his barons ordained : and in his tenth year , of earls and peers ; and in his . of earls and barons . in the year following the same king held a parliament , or great councel with his barons spiritual and temporal . king hen. . in his tenth year had a great councel or parliament at clarendon , which was an assembly of prelates and peers . . hen. . saith hovenden , was a great councel at nottingham , and by the common councel of the archbishops , bishops , earls and barons , the kingdom was divided into six parts . and again , hovende●… saith , that the same king at windsor ( apud wind●… shores ) communi concilio of bishops , earls , and barons , divided england into four parts . and in hi●… year a parliament at windsor of bishops , earl●… and barons . and another of like persons at northampton . king richard . had a parliament at nottingham in his fifth year , of bishops , earls , and barons : thi●… parliament lasted but four days , yet much was don●… in it : the first day the king disseiseth gerard de canvil of the sherifwick of lincoln , and hugh bardol●… of the castle and sherifwick of york . the second day he required judgment against his brother iohn who was afterwards king ; and hugh de nova●… bishop of coventry . the third day was granted to th●… king of every plow-land in england s. he required also the third part of the service of every knights f●… for his attendance into normandy , and all the woo●… that year of the monks cisteaux , which , for that 〈◊〉 was grievous , and unsupportable , they fine for mo●…ny . the last day was for hearing of grievances●… and so the parliament brake up ; and the same yea●… held another at northampton of the nobles of th●… realm . king iohn , in his fifth year , he and his great m●…met , rex & magnates convenerunt : and th●… roll of that year hath commune concilium b●…ronum meorum , the common councel of my baron●… at winchester . in the sixth year of king henry . the noble●… granted to the king , of every knights fee , two mark●… in silver . in the seventh year he had a parliament at london , an assembly of barons . in his thirteenth year an assembly of the lords at westminster . in his fifteenth year of nobles both spiritual and temporal . m. par. saith that . h. . congregati sunt magnates ad colloquium de negotiis regni tractaturi , the great men were called to confer and treat of the business of the kingdom . and at merton , our lord the king granted by the consent of his great men , that hereafter usury should not run against a ward from the death of his ancestor . . hen. . the king sent his royal writs , commanding all belonging to his kingdom , that is to say , arch-bishops , bishops , abbots and priors installed , earls and barons , that they should all meet at london , to treat of the kings business touching the whole kingdom : and at the day prefixed , the whole multitude of the nobles of the kingdom met at london , saith mat. westminster . in his year , at the request , and by the councel of the lords , the charters were confirmed . . hen. . at winchester the king sent his royal writs to arch-bishops , bishops , priors , earls and barons , to treat of business concerning the whole kingdome . . hen. . the king commanded all the nobility of the whole kingdom to be called to treat of the state of his kingdom . mat. westm ' . . hen. . the king had a treaty at oxford with the peers of the kingdom . m. westminster . at a parliament at marlborow . hen. . statutes were made by the assent of earls and barons . here the place of bracton , chief justice in thi●… kings time , is worth the observing ; and the rathe●… for that it is much insisted on of late , to make fo●… parliaments being above the king. the words i●… bracton are , the king hath a superiour , god ; also th●… law by which he is made king ; also his court , viz the earls and barons . the court that was said i●… those days to be above the king was a court of earls and barons , not a word of the commons , or th●… representative body of the kingdom being any pa●… of the superiour court. now for the true sen●… of bractons words , how the law , and the court 〈◊〉 earls and barons , are the kings superiours ; the●… must of necessity be understood to be superiours , 〈◊〉 far only as to advise , and direct the king out of hi●… own grace and good will only : which appea●… plainly by the words of bracton himself , wher●… speaking of the king , he resolves thus , nec potest 〈◊〉 necessitatem aliquis imponere quod injuriam suam corrig●… & emendat , cum superiorem non habeat nisi deum ; 〈◊〉 satis ei erit ad poenam , quod dominum expectat ultore●… nor can any man put a necessity upon him to corre●… and amend his injury unless he will himself , sin●… he hath no superiour but god ; it will be sufficie●… punishment for him , to expect the lord an avenge●… here the same man , who speaking according to som●…mens opinion saith , the law and court of earls a●… barons are superiour to the king ; in this place tel●… us himself , the king hath no superiour but god : th●… difference is easily reconciled ; according to the d●…stinction of the school-men the king is free from t●… coactive power of laws or councellors : but may be su●…ject to their directive power , according to his ow●… will : that is god can only compell , but th●… law and his courts may advise him. rot. parliament . hen. . nu . . the commons expresly affirm , iudgment in parliament belongs to the king and lords . these precedents shew , that from the conquest untill a great part of henry the third's reign ( in whose dayes it is thought the writ for election of knights was framed ) which is about two hundred years , and above a third part of the time since the conquest to our dayes , the barons made the parliament or common councel of the kingdom : under the name of barons ; not only the earls , but the bishops also were comprehended , for the conquerour made the bishops barons . therefore it is no such great wonder , that in the writ , we find the lords only to be the counsellours , and the commons called only to perform and consent to the ordinances . those there be who seem to believe that under the word barons , anciently the lords of court-ba●…ons were comprehended , and that they were called to parliament as barons ; but if this could be proved to have been at any time true , yet those lords of court-barons were not the representative body of the commons of england , except it can be also proved that the commons , or free-holders of the kingdome chose such lords of court-barons to ●…e present in parliament . the lords of manors ●…ame not at first by election of the people , as sir edw. coke , treating of the institution of court-ba●…ons , resolves us in these words : by the laws and ordinances of ancient kings , and especially of king al●…red , it appeareth , that the first kings of this realm ●…ad all the lands of england in demean ; and les grand manors and royalties they reserved to themselves , and of the remnant they , for the defence of the real●… enfeoffed the barons of the realm with such iurisdiction as the court-baron now hath . coke's institute●… first part , fol. . here , by the way , i cannot but note that if th●… first kings had all the lands of england in demean , 〈◊〉 sir edward coke saith they had ; and if the fir●… kings were chosen by the people , ( as many thin●… they were ) then surely our forefathers were a ver●… bountiful ( if not a prodigal ) people , to give all th●… lands of the whole kingdom to their kings , wit●… liberty for them to keep what they pleased , and t●… give the remainder to their subjects , clogg'd an●… cumbred with a condition to defend the realm●… this is but an ill sign of a limited monarchy by original constitution or contract . but to conclude th●… former point , sir edward coke's opinion is , th●… in the ancient laws , under the name of barons were comprised all the nobility . this doctrine of the barons being the comm●… councel , doth displease many , and is denied , a●…tending to the disparagement of the commons , an●… to the discredit , and confutation of their opinio●… who teach , that the commons are assigned councello●… to the king by the people , therefore i will call in m●… pryn to help us with his testimony : he in his boo●… of treachery and disloyalty &c. proves that before th●… conquest , by the laws of edward the confesso●… cap. . the king by his oaths was to do iustice 〈◊〉 the councel of the nobles of his realm . he also resolves , that the earls and barons in parliament a●… above the king , and ought to bridle him , when he exor●…tates from the laws . he further tells us , the peers an●… prelates have oft translated the crown from the right he●… . electing and crowning edward , who was illegitimate ; and putting by ethelred , the right heir after edgars decease . . electing and crowning canutus , a meer foreigner , in opposition to edmund the right heir to king ethelred . . harold and hardiknute , both elected kings successively without title ; edmund and alfred the right heirs being dispossessed . . the english nobility , upon the death of harold , enacted that none of the danish bloud should any more reign over them . . edgar etheling , who had best title , was rejected ; and harold elected and crowned king. . in the second and third year of edw. . the peers and nobles of the land , seeing themselves contemned , entreated the king to manage the affairs of the kingdome by the councel of his barons . he gave his assent , and sware to ratifie what the nobles ordained ; and one of their articles was , that he would thenceforward order all the affairs of the kingdom by the councel of his clergy and lords . . william rufus , finding the greatest part of the nobles against him , sware to lanfranke that if they would choose him for king , he would abrogate their over-hard laws . . the beginning , saith mr. pryn , of the charter of hen. . is observable ; henry by the grace of god of england , &c. know ye , that by the mercy of god and common councel of the barons of the kingdom , i am crowned king. . maud the empress , the right heir , was put by the crown by the prelates and barons , and stephen , earl of mortain , who had no good title , assembling the bishops and peers , promising the amendment of the law●… according to all their pleasures and liking , was by th●… all proclaimed king. . lewis of france crowned king by the barons in stead of king john. all these testimonies from mr. pryn may satisfie , that anciently the barons were the common councel ▪ or parliament of england . and if mr. pryn could have found so much antiquity , and proof for th●… knights , citizens , and burgesses , being of the common councel : i make no doubt but we should have heard from him in capital characters : but alas he meets not with so much as these names in those elder ages . he dares not say the barons were assigned by the people , councellors to the king ; for he tells us , every baron in parliament doth represent hi●… own person , and speaketh in behalf of himself alone ▪ but in the knights , citizens , and burgesses , are represented the commons of the whole realm : therefore every one of the commons hath a greater voice in parliament than the greatest earl in england . nevertheless maste●… pryn will be very well content if we will admi●… and swallow these parliaments of barons for the representative body of the kingdom ; and to that purpose he cites them , or to no purpose at all . but to prove the treachery and disloyalty of popish parliaments , prelates , and peers , to their kings : which i●… the main point , that master pryn by the title of hi●… book is to make good , and to prove . as to the second point ; which is , that untill the time of hen. . the commons were not called to parliament : besides , the general silence of antiquity which never makes mention of the commons coming to parliament untill that time ; our histories say , before his time only certain of the nobility were called to consultation about the most important affairs ▪ of the state : he caused the commons also to be assembled by knights , citizens , and burgesses of their own appointment : much to the same purpose writes sir walter raleigh , saying , it is held that the kings of england had no formal parliaments till about the th year of king hen. . for in his third year , for the marriage of his daughter , the king raised a tax upon ▪ every hide of land , by the advice of his privy councel alone . and the subjects ( saith he ) soon after this parliament was established , began to stand upon terms with their king , and drew from him by strong hand , and their swords , their great charter ; it was after ●…he establishment of the parliament , by colour of it , that ●…hey had so great daring . if any desire to know the ●…ause why hen. . called the people to parliament , ●…t was upon no very good occasion , if we believe sir walter raleigh ; the grand charter ( saith he ) was not originally granted regally and freely ; for king hen. . did but usurp the kingdom , and therefore the ●…etter to assure himself against robert his elder brother , ●…e flattered the people with those charters : yea , king john ●…hat confirmed them , had the like respect : for arthur d●… britain was the undoubted heir of the crown , upon whom john usurped : so these charters had their original ●…rom kings , de facto , but not de jure : and then afterwards his conclusion is , that the great charter had ▪ ●…rst an obscure birth by usurpation , and was fostered , and ●…ewed to the world by rebellion : in brief , the king cal●…ed the people to parliament , and granted them magna charta ; that they might confirm to him the crown . the third point consists of two parts ; first , that ●…he commons were not called unto parliament until hen. . dayes , this appears by divers of the prec●…dents formerly cited , to prove that the barons we●… the common councel . for though hen. . called a●… the people of the land to his coronation , and agai●… in the . or . year of his reign ; yet alwayes h●… did not so ; neither many of those kings that di●… succeed him , as appeareth before . secondly , for calling the commons by writ , find it acknowledged in a book , intituled , the privilege and practice of parliaments , in these words ; l●… ancient times after the king had summoned his parliament , innumerable multitudes of people did ma●… their access thereunto , pretending that privilege ●… right to belong to them . but king hen. . havi●… experience of the mischief , and inconveniences by occasion of such popular confusion , did take order that no●… might come to his parliament but those who were spec●…ally summoned . to this purpose it is observed b●… master selden , that the first writs we find accompani●… with other circumstances of a summons to parliamen●… as well for the commons as lords , is in the ●… hen. . in the like manner master cambden speaking of the dignity of barons hath these words king hen. . out of a great multitude which w●… seditious and turbulent , called the very best by writ ●… summons to parliament ; for he , after many troubles a●… vexations between the king himself , and simon ●… monefort , with other barons ; and after appeased : d●…decree and ordain , that all those earls and barons u●…to whom the king himself vouchsafed to direct h●… writs of summons should come to his parliament , an●… no others : but that which he began a little before h●… death , edward . and his successours constantly o●…served and continued . the said prudent king edwar●… summoned always those of ancient families , that were most wise , to his parliament ; and omitted their sons after their death , if they were not answerable to their parents in understanding . also master cambden in another place saith , that in the time of edw. . select men for wisdom and worth among the gentry were called to parliament , and their posterity omitted if they were defective therein . as the power of sending writs of summons for elections , was first exercised by hen. . so succeeding kings did regulate the elections upon such writs , as doth appear by several statutes , which all speak in the name and power of the kings themselves ; for such was the language of our fore-fathers . in ric. . c. . these be the words , the king willeth and commandeth all persons which shall have summons to come to parliament ; and every person that doth absent himself ( except he may reasonably and honestly excuse him to our lord the king ) shall be amerced , and otherwise punished . hen. . c. . our lord the king , at the grievous complaint of his commons , of the undue election of the knights of counties , sometimes made of affection of sheriffs , and otherwise against the form of the writs , to the great slander of the counties , &c. our lord the king , willing therein to provide remedy , by the assent of the lords and commons , hath ordained , that election shall be made in the full county-court , and that all that be there present , as well suitors as others , shall proceed to the election freely , notwithstanding any request , or command to the contrary ▪ hen. . c. . our lord the king ordained , that a sheriff that maketh an undue return , &c. shall incur the penalty of l. to be paid to our lord the king. h. . c. . our lord the king , by the advice and assent of the lords , and the special instance and request of the commons , ordained , that the knights of the shire be not chosen , unless they be resiant within the shire the day of the date of the writ : and that citizens and burgesses be resiant , dwelling , and free in the the same cities and burroughs , and no others , in any wise . hen. . c. . our lord the king , willing to provide remedy for knights chosen for parliament , and sheriffs , hath ordained , that they shall have their answer , and traverse to inquest of office found against them . hen. . c. . whereas elections of knights have been made by great out-rages , and excessive number of people , of which most part was of people of no value , whereof every of them pretend a voice equivalent to worthy knights , and esquires ; whereby man-slaughters , riots , and divisions among gentlemen shall likely be ▪ our lord the king hath ordained , that knights of shires be chosen by people dwelling in the counties , every of them having lands or tenements to the value of l. the year at the least , and that he that shall be chosen , shall be dwelling and resiant within the counties . . h. . our lord the king ordained , that knight●… be chosen by people dwelling , and having l. by the year within the same county . h. . c. . the king , willing to provide for the ease of them that come to the parliaments and councels of the king by his commandment , hath ordained that if any assault or fray be made on them that com●… to parliament , or other councel of the king ; the par●… ▪ which made any such affray or assault , shall pay doubl●… damages , and make fine and ransom at the kings wil●… . h. . c. . the king considering the statutes of h. . c. . & . hen. . c. . and the defaults of sheriffs in returning knights , citizens , and burgesses , ordained ; . that the said statutes should be duely kept . . that the sheriffs shall deliver precepts to maiors , and bayliffs to chuse citizens and burgesses . . the penalty of l. for a sheriff making an untrue return concerning the election of knights , citizens and burgesses . . the penalty of l , for maiors or bayliffs , making untrue returns . . due election of knights must be in the full county-court , between the hours of eight and eleven before noon . . the party must begin his suit within moneths after the parliament began . . knights of the shire shall be notable knights of the county , or such notable esquires , or gentlemen born of the said counties as shall be able to be knights , and no man to be such knight which standeth in the degree of a yeoman , and under . the last thing i observe in the writ for election of members for parliament , is , that by the express words of the writ , citizens and burgesses for the parliament were eligible at the county-court as well as knights of the shire ; and that not only free-holders , but all others , whosoever were present at the county-court , had voices in such elections : see the stat. . hen. . cap. . i have the longer insisted on the examination of the writ , being the power , and actions of the house of commons are principally justified by the trust which the free-holders commit unto them by virtue of this writ . i would not be understood to determine what power the house of commons doth , or may exercise if the king please : i confine my self only to the power in the writ . i am not ignorant that king hen. . in the cause of the duke of britain , and king iames in the business of the palatinate asked the councel of the house of commons ; and not only the house of commons , but every subject in particular by duty and allegiance , is bound to giv●… his best advice to his sovereign , when he is though●… worthy to have his councel asked . . edw. . nu . . all the merchants of england were summoned by writ to appear at westminster in proper person , to confer upon great business concerning the kings honour , the salvation of the real●… and of themselves . in passages of publick councel it is observable ( saith sir rob. cotton ) that in ancient times the kings of england did entertain the commons with weighty causes , thereby to apt and bind them to a readiness of charge ; and the commons to shun expence ha●… warily avoided to give advice . . edw. . the lords and commons were called to consult how the domestick quiet may be preserved , the marches of scotland defended , and th●… sea secured from enemies . the peers and commons having apart consulted , the commons desired not to be charged to councel of things of whic●… they had no cognisance ; de queux ils n' ont pas de cognisance . . edw. . justice thorp declaring to the pee●… and commons that the french war began by thei●… advice : the truce after by their assent accepted and now ended : the kings pleasure was to hav●… their counsel in the prosecution : the commons , being commanded to assemble themselves , and when they were agreed , to give notice to the king , and the lords of the councel ; after four days consultation , humbly desire of the king that he would be advised therein by the lords and others of more experience than themselves in such affairs . . ric. . the parliament was called to consult whether the king should go in person to rescue gaunt , or send an army . the commons , after two dayes debate , crave a conference with the lords , and sir thomas puckering ( their speaker ) protests , that councels for war did aptly belong to the king and his lords ; yet since the commons were commanded to give their advice , they humbly wished a voyage by the king. . ric. . at the second session , the commons are willed to advise upon view of articles of peace with the french ; whether war or such amity should be accepted ; they modestly excuse themselves , as too weak to counsel in so weighty causes . but charged again , as they did tender their honour and the right of the king ; they make their answer , giving their opinions , rather for peace , than war. for fuller manifestation of what hath been said touching the calling , election , and power of the commons in parliament , it is behooful to observe some points delivered by sir edw. coke in his treatise of the jurisdiction of parliaments ; where , first , he fairly begins , and lays his foundation , that the high court of parliament consisteth of the kings majesty sitting there , and of the three estates ; . the lords spiritual . . the lords temporal . . and the commons . hence it is to be gathered , that truly and properly it cannot be called the high court of parliament , but whilst the king is sitting there in person : so that the question now a days , whether the parliament be above the king , is either false or idle : false , if you exclude , and idle if you include the king's person in the word parliament : the case truly put , and as it is meant , is , whether the three estates ( o●… which is all one , the lords and commons ) assembled in parliament be above the king : and not whether the king with the three estates be above the king : it appears also that they are much mistaken , who reckon the king one of the three estates as mr. pryn , pag. . and many others do ; for the three estates make the body , and the king is caput ▪ principium , & finis parliamentor , as confesseth sir edw. coke . secondly , sir edw. coke delivers , that certain it is , both houses at first sate together , and that it appears in edward the third's time , the lords and commons sat●… together , and the commons had no continual speaker . if he mean , the lords and commons did sit , and vote together in one body ; few there be that will believe it , because the commons never were wont to lose , or forego any of their liberties , or privileges ; and for them to stand now with their hats in their hands ( which is no magistratical posture ) there , where they were wont to sit and vote , is an alteration not imaginable to be indured by the commons . it may be , in former times , when the commons had no constant speaker , they were oft , and perhaps for the most part , in the same chamber , and in the presence of the lords , to hear the debates and consulations of the great councel , but not to sit , and vote with them : for when the commons were to advise among themselves , the chapter-house of the abby of westminster was oft-times their place to meet in , before they had a settled house , and their meetings not being very frequent , may be the reason , i conceive , why the name of the house of commons is not of such great antiquity , or taken notice of ; but the house of lords was only called the parliament-house : and the treatise called , modus tenendi parliamentum , speaks of the parliament as but of one house only . the house , where now the commons sit in westminster , is but of late use , or institution : for in edward the sixth's dayes it was a chappel of the colledge of saint stephen , and had a dean , secular canons and chorists , who were the kings quire at his palace at westminster , and at the dissolution were translated to the kings chappel at white-hall . also i read , that westminster-hall being out of repair , ric. . caused a large house to be builded betwixt the clock-tower , and the gate of the great old hall in the midst of the palace court : the house was long and large , made of timber , covered with tiles , open on both sides , that all might see and hear what was both said and done : four thousand archers of cheshire , which were the kings own guard , attended on that house , and had bouche a court , and d. by the day . thirdly , he saith , the commons are to chuse their speaker , but seeing after their choice the king may refuse him , the use is ( as in the conge d'eslire of a bishop ) that the king doth name a discreet , learned man whom the commons elect : when the commons have chosen , the king may allow of his excuse , and disallow him , as sir john popham was , ( saith his margin . ) fourthly , he informs us , that the first day of the parliament four iustices assistants , and two civilian●… ( masters of the chancery ) are appointed receivers 〈◊〉 petitions , which are to be delivered within six dayes following : and six of the nobility , and two bishops , calling to them the kings learned councel , when nee●… should be , to be tryers of the said petitions , whether the●… were reasonable , good , and necessary to be offered and propounded to the lords . he doth not say , that any 〈◊〉 the commons were either receivers , or tryers 〈◊〉 petitions : nor that the petitions were to be propounded to them , but to the lords . fifthly , he teacheth us , that a knight , citizen , 〈◊〉 burgess , cannot make a proxy , because he is electe●… and trusted by multitudes of people : here a questio●… may be , whether a committee , if it be trusted to 〈◊〉 any thing , be not a proxy ? since he saith , the hi●… power of parliament to be committed to a few , is hold●… to be against the dignity of parliaments ; and that 〈◊〉 such commission ought to be granted . sixthly , he saith , the king cannot take notice of 〈◊〉 thing said , or done in the house of commons , but by 〈◊〉 report of the house . surely , if the commons sa●… with the lords , and the king were present , 〈◊〉 might take notice of what was done in his presence . and i read in vowel , that the old usage w●… that all the degrees of parliament sate together , 〈◊〉 every man that had there to speak , did it openly , bef●… the king and his whole parliament . in the eliz. there was a report , that the commons were against the subsidies , which was to●… the queen : whereupon , sir henry knivet said , it should be a thing answerable at the bar for any man to report any thing of speeches , or matters done in the house . sir john wolley liked the motion of secrecy ; except only the queen , from whom , he said , there is no reason to keep any thing : and sir robert cecil did allow , that the councel of the house should be secretly kept , and nothing reported in malam partem . but if the meaning be , that they might not report any thing done here to the queen , he was altogether against it . seventhly , he voucheth an enditement or information in the kings bench against of the commons , for departing without license from parliament , contrary to the kings inhibition : whereof six submitted to their fines , and edmund ployden pleaded , he remained continually from the beginning to the end of the parliament : note , he did not plead to the jurisdiction of the court of kings bench , but pleaded his constant attendance in parliament , which was an acknowledgment , and submitting to the jurisdiction of that court : and had been an unpardonable betraying of the privileges of parliament by so learned a lawyer , if his case ought only to be tryed in parliament . eighthly , he resolves , that the house of lords in their house have power of iudicature , and the commons in their house : and both houses together . he brings records to prove the power of judicature of both houses together , but not of either of them by it self . he cites the edw. . for the judicature of both houses together : where nicholas de segrave was adjudged per praelatos , comites , & barones , & alios de concilio , by the prelates , earls and barons , and others of the councel . here is no mention of the judgment of the commons . others of th●… councel , may mean , the kings privy councel , 〈◊〉 his councel learned in the laws , which are called by their writs to give counsel ; but so are not the commons . the judgment it self saith , nichol●… de segrave confessed his fault in parliament , and submitted himself to the kings will : thereupo●… the king , willing to have the advice of the earl●… barons , great men , and others of his councel , enjoyned them by the homage , fealty , and alleg●…ance which they owed , that they should faithfull counsel him what punishment should be inflicte●… for such a fact : who all , advising diligently , sa●… that such a fact deserves loss of life and member●… thus the lords ( we see ) did but advise the kin●… what judgment to give against him that deserte●… the kings camp to fight a duel in france . ninthly , he saith , of later times , see divers not ab●… iudgments at the prosecution of the commons by t●… lords : where the commons were prosecutors , the●… were no judges , but ( as he termes them ) gener●… inquisitors , or the grand inquest of the kingdom . th●… judgments he cites are but in king iames his daye●… and no elder . tenthly , also he tells us , of the iudicature in t●… house of commons alone ; his most ancient preceden●… is but in queen elizabeths reign , of one tho. lon●… who gave the maior of westbury l. to be elect●… burgess . eleventhly , he hath a section , entitled , the hous●… of commons ( to many purposes ) a distinct court : an●… saith , nota , the house of commons to many purposes , 〈◊〉 distinct court : of those many purposes he tells but one that is , it uses to adjourn it self . commissioners tha●… be but to examine witnesses , may adjourn themselves , yet are no court. twelfthly , he handles the privileges of parliament , where the great wonder is , that this great master of ●…he law , who hath been oft a parliament-man , could ●…ind no other , nor more privileges of parliament ●…ut one , and that is , freedom from arrests : which , he ●…aith , holds , unless in three cases , treason , felony , and ●…he peace . and for this freedom from arrests , he cites antient precedents for all those in the house of lords , but he brings not one precedent at all for the commons freedom from arrests . it is behooful for a free-holder to consider what power is in the house of peers ; for although the free-holder have no voice in the election of the lords , yet if the power of that house extend to make ordinances that bind the free-holders , it is necessary for him to enquire what and whence that power is , and how far it reacheth : the chief writ of ●…ummons to the peers was in these words , carolus dei gratia , &c. reverendissimo in christo patri g. eadem gratia archiepiscopo cantuarien●…i , totius angliae primati & metropolitano , salutem . quia de advisamento & assensu concilii nostri , pro qui●…usdam arduis & urgentibus negotiis , nos & statum & defensionem regni nostri angliae , & ecclesiae anglica●…ae concernentibus , quoddam parliamentum nostrum apud w. &c. teneri ordinavimus , & ibidem vobiscum , & cum ●…aeteris praelatis , magnatibus & proceribus dicti regni nostri angliae colloquium habere , & tractatum : vobis ●…n fide , & dilectione quibus nobis tenemini firmiter injungendo mandamus , quod consideratis dictorum negotioru●… arduitate , & periculis imminentibus , cessante quacunqu●… excusatione dictis die & loco personaliter intersitis , nobiscum & cum caeteris praelatis , magnatibus , & procerib●… praedictis , super dictis negotiis tractaturi , vestrumque concilium impensuri , & hoc sicut nos & honorem nostr●…ac salvationem regni praedicti , ac ecclesiae sanctae , expeditionemque dictorum negotiorum diligitis , nullatenus omittati●… praemonentes decanum & capitulum ecclesiae vestrae ca●…tuariensis , ac archidiacanos , totumque clerum vestrae di●…cesis , quod idem decanus & archidiaconi in propriis pe●…sonis suis , ac dictum capitulum per unum , idemque cler●… per duos procuratores idoneos , plenam & sufficientem po●… statem ab ipsis capitulo & clero habentes , praedictis die ●… loco personaliter intersint , ad consentiendum hiis quae tu●…ibidem de commune concilio ipsius regni nostri , divin●… favente clementia , contigerint ordinari . teste meipso ap●… west . &c. charles by the grace of god , &c. to the mo●… reverend father in christ w. by the sam●… grace arch-bishop of canterbury , primate and metropolitan of all england , health . whereas by th●… advice and assent of our councel , for certain difficult and urgent businesses concerning us , the stat●… and defence of our kingdom of england , and 〈◊〉 the english church : we have ordained a certa●… parliament of ours to be holden at w. &c. a●… there to have conference , and to treat with you th●… prelats , great men , and peers of our said kingdo●… we straitly charge and command , by the fai●… and love by which you are bound to us , that co●…sidering the difficulties of the businesses aforesai●… and the imminent dangers , and setting aside all excuse you be personally present at the day and place aforesaid , to treat and give your counsel concerning the said businesses : and this , as you love us and our honour , and the safeguard of the foresaid kingdom and church , and the expedition of the said businesses , you must no way omit . forewarning the dean and chapter of your church of canterbury , and the arch-deacons , and all the clergy of your diocese , that the same dean , and the arch-deacon in their proper persons , and the said chapter by one , and the said clergy by two fit proctors , having full and sufficient power from them the chapter and clergy , be personally present at the foresaid day and place , to consent to those things , which then and there shall happen by the favour of god , to be ordained by the common councel of our kingdom . witness our self ●…t westm. the same form of writ mutatis mutandis , concluding with , you must no way omit . witness , &c. ●…s to the temporal barons : but whereas the spiritu●…l barons are required by the faith and love ; the temporal are required by their allegiance or homage . the difference between the two writs is , that the lords are to treat and to give counsel ; the commons ●…re to perform and consent to what is ordained . by this writ the lords have a deliberative or a ●…onsultive power to treat , and give counsel in difficult businesses : and so likewise have the judges , barons ●…f the exchequer , the kings councel , and the ma●…ters of the chancery , by their writs . but over and ●…esides this power , the lords do exercise a decisive or iudicial power , which is not mentioned or found in their writ . for the better understanding of these two different powers , we must carefully note the distinction between a iudge and a counsellor in a monarchy : the ordinary duty , or office of a iudge is to give judgment , and to command in the place of the king ; but the ordinary duty of a counsellor is to advise the king what he himself shall do , or cause to be done : the iudge represents the kings person in his absence , the counsellor in the kings presence gives his advice : iudges by their commission o●… institution are limited their charge and power , and in such things they may judge , and cause their judgments to be put in execution : but counsellors have no power to command their consultations to b●… executed , for that were to take away the sovereignty from their prince , who by his wisdom is to weigh●… the advice of his councel , and at liberty to resolv●… according to the judgment of the wiser part of hi●… councel , and not always of the greater : in a word ▪ regularly a counsellor hath no power but in th●… kings presence , and a iudge no power but out o●… his presence ; these two powers , thus distinguished ▪ have yet such correspondency , and there is so nee●… affinity between the acts of judging , and counselling ; that although the ordinary power of the judg●… is to give judgment : yet by their oath they ar●… bound in causes extraordinary , when the king pleaseth to call them , to be his counsellors ; and o●… the other side , although the proper work of a counsellor be only to make report of his advice to his sovereign , yet many times for the ease only , and by the permission of the king , counsellors are allowed to judge , and command in points wherein ordinarily they know the mind of the prince ; and what they do is the act of the royal power it self : for the councel is always presupposed to be united to the person of the king , and therefore the decrees of the councel are styled , by the king in his privy councel . to apply this distinction to the house of peers : we find originally they are called as counsellors to the king , and so have only a deliberative power specified in their writ , and therefore the lords do only then properly perform the duty for which they are called , when they are in the kings presence , that he may have conference and treat with them : the very words of the writ are , nobiscum ac cum praelatis , magnatibus & proceribus praedictis super dictis negotiis tractaturi vestrumque concilium impensuri , with us and with the prelates , great men and peers to treat and give your councel : the word nobiscum implieth plainly the kings presence . it is a thing in reason most absurd , to make the king assent to the judgments in parliament , and allow him no part ●…n the consultation ; this were to make the king ●… subject . councel loseth the name of councel , ●…nd becomes a command if it put a necessi●…y upon the king to follow it : such imperious councels , make those that are but counsellors ●…n name to be kings in fact : and kings themselves to be but subjects . we read in sir ro●…ert cotton , that towards the end of the saxons , and ●…he first times of the norman kings , parliaments stood 〈◊〉 custom-grace fixed to easter , whitsontide , and christmas ; and that at the kings court , or palace , parliaments sate in the presence , or privy chamber from whence he infers , an improbability to believe the king excluded his own presence ; and unmannerly f●… guests to bar him their company who gave them the●… entertainment . and although now a-days the parliament sit not in the court where the kings houshol●… remains , yet still even to this day , to shew that parliaments are the kings guests , the lord steward o●… the kings houshold keeps a standing table to entertain the peers during the sitting of parliament ; and he alone , or some from , or under him , as the treasurer , or comptroller of the kings houshold take●… the oaths of the members of the house of commo●… the first day of the parliament . sir richard s●…roop steward of the houshold of our sovereign lord the king , by the commandment of the lords sitting in full parliament i●… the great chamber , put i. lord gomeniz and william weston to answer severally to accusations brough●… against them . the necessity of the king's presence in parliamen●… appears by the desire of parliaments themselves i●…former times ; and the practice of it sir robert cotto●… proves by several precedents : whence he conclude●… that in the consultations of state , and decisions of private plaints , it is clear from all times , the king w●… not only present to advise , but to determine also . whensoever the king is present , all power of judging which is derived from his , ceaseth : the votes of the lords may serve for matter of advice , the fina●… judgment is only the kings . indeed , of late years ▪ queen mary , and queen elizabeth , by reason of thei●… sex , being not so fit for publick assemblies , have brought it out of use , by which means it is com●… to pass , that many things which were in former times acted by kings themselves , have of late been left to the judgment of the peers ; who , in quality of judges extraordinary , are permitted for the ease of the king , and in his absence , to determine such matters as are properly brought before the king himself sitting in person , attended with his great councel of prelates and peers . and the ordinances that are made there , receive their establishment either from the kings presence in parliament , where his chair of state is constantly placed ; or at least from the confirmation of him , who in all courts , and in all causes is supream judge . all judgement is by , or under him ; it cannot be without , much less against his approbation . the king only and none but he , if he were able , should judge all causes ; saith bracton , that ancient chief justice in hen. . time . an ancient precedent i meet with cited by master selden , of a judicial proceeding in a criminal cause of the barons before the conquest , wherein i observe the kings will was , that the lords should be judges , ●…n the cause wherein himself was a party ; and he ●…atified their proceeding : the case was thus , earl godwin having had a trial before the lords under king hardicanute , touching the death of alfred ( son to king ethelbert , and brother to him who was afterward edward the confessor ) had fled out of england ; and upon his return , with hope of edward the confessor's favour , he solicited the lords ●…o intercede for him with the king ; who ( consulting together ) brought godwin with them before the king to obtain his grace and favour : but the king ▪ ●…resently , as soon as he beheld him , said , thou traytor godwin , i do appeal thee of the death of my brother alfred , whom thou hast most trayterously slain ; then godwin excusing it , answered , my lord the king , may it please your grace , i neither betrayed nor killed your brother , whereof i put my self upon the iudgment of your court : then the king said , you noble lords , earls , and barons of the land , who are my liege men now gathered here together , and have heard my appeal , and godwins answer , i will that in this appeal between us , ye decree right iudgment , and do true iustice. the earls and barons treating of this among themselves , were of differing judgments ; some said that godwin was never bound to the king either by homage , service , or fealty , and therefore could not be his traytor , and that he had not slain alfred with his own hands : others said , that neither earl nor baron , nor any other subject of the king could wage his war by law against the king in his appeal ; but most wholly put himself into the kings mercy , and offer competent amends . then leofric consul of chester , a good man before god and the world , said , earl godwin next to the king , is a man of the best parentage of all england , and he cannot deny but that by his counsel alfred the kings brother was slain , therefore for my part i consider , that he and his son , and all we twelve earls who are his friends and kinsmen , do go humbly before the king , laden with so much gold and silver as each of us can carry in our arms , offering him that for his offence , and humbly praying for pardon ; and he will pardon the earl , and taking his homage and fealty , will restore him all his lands . all they in this form lading themselves with treasure , and coming to the king , did shew the manner and order of their consideration , to which , the king not willing to contradict , did ratifie all that they had judged . hen. . in lent there was an assembly of all the spiritual and temporal barons at westminster , for the determination of that great contention between alfonso king of castile , and sancho king of navarre , touching divers castles , and territories in spain , which was by compromise submitted to the judgment of the king of england . and the king , consulting with his bishops , earls , and barons , determined it ( as he saith ) himself in the first person , in the exemplification of the judgement . of king iohn also , that great controversie touching the barony that william of moubray claimed against william of stutvil , which had depended from the time of king hen. . was ended by the councel of the kingdom , and will of the king : concilio regni , & voluntate regis . the lords in parliament adjudge william de weston to death for surrendring barwick castle , but for that our lord the king was not informed of the manner of the judgment , the constable of the tower , allen buxall , was commanded safely to keep the said william untill he hath other commandment from our lord the king. ric. . also the lords adjudged iohn lord of gomentz for surrendring the towns , and castles of ardee : and for that he was a gentleman , and bannaret , and had served the late king , he should be beheaded , and for that our lord the king was not informed of the manner of the iudgment , the execution thereof shall be respited untill our lord the king shall be informed . it is commanded to the constable of the tower , safely to keep the said john , untill he hath other commandement from our lord the king. in the case of hen. spencer bishop of norwich , ric. . who was accused for complying with the french , and other failings ; the bishop complained , what was done against him , did not pass by the assent and knowledge of the peers ; whereupon it was said in parliament , that the cognisance and punishment of his offence did , of common right , and antient custom of the realm of england , solely and wholly belong to our lord the king , and no other : le cognisance & punissement de commune droit & auntienne custome de royalme de engleterre , seul & per tout apperteine au roy nostre seignieur , & a nul autre . in the case of the lord de la ware , the judgment of the lords was , that he should have place next after the lord willoughby of erisbe , by consent of all , except the lord windsor : and the lord keeper was required to acquaint her majesty with the determination of the peers , and to know her pleasure concerning the same . the inference from these precedents , is , that the decisive or iudicial power exercised in the chamber of peers , is merely derivative , and subservient to the supreme power , which resides in the king , and is grounded solely upon his grace and favour : for howsoever the house of commons do alledge their power to be founded on the principles of nature , in that they are the representative body of the kingdom ( as they say ) and so being the whole , may take care , and have power by nature to preserve themselves : yet the house of peers do not , nor cannot make any such the least pretence , since there is no reason in nature , why amongst a company of men who are all equal , some few should be picked out to be exalted above their fellows , and have power to govern those who by nature are their companions . the difference between a peer and a commoner , is not by nature , but by the grace of the prince : who creates honours , and makes those honours to be hereditary ( whereas he might have given them for life onely , or during pleasure , or good behaviour ) and also annexeth to those honours the power of having votes in parliament , as hereditary counsellours , furnished with ampler privileges than the commons : all these graces conferred upon the peers , are so far from being derived from the law of nature , that they are contradictory and destructive of that natural equality and freedom of mankind , which many conceive to be the foundation of the privileges and liberties of the house of commons : there is so strong an opposition between the liberties of grace and nature , that it had never been possible for the two houses of parliament to have stood together without mortal enmity , and eternal jarring , had they been raised upon such opposite foundations : but the truth is , the liberties and privileges of both houses have but one , and the self same foundation , which is nothing else but the meer and sole grace of kings . thus much may serve to shew the nature and original of the deliberative and decisive power of the peers of the kingdom . the matter about which the deliberative power is conversant , is generally the consulting and advising upon any urgent business which concerns the king , or defence of the kingdom : and more especially sometimes in preparing new laws ; and this power is grounded upon the writ . the décisive power is exercised in giving judgment in some difficult cases ; but for this power of the peers , i find no warrant in their writ . whereas the parliament is styled the supreme court it must be understood properly of the king sitting in the house of peers in person ; and but improperly of the lords without him : every supreme court must have the supreme power , and the supreme power is alwayes arbitrary ; for that is arbitrary which hath no superiour on earth to control●… it . the last appeal in all government , must still b●… to an arbitrary power , or else appeals will b●… in infinitum , never at an end . the legislative power is an arbitrary power , for they are termini convertibiles . the main question in these our dayes is , where this power legislative remains ? or is placed ; upon conference of the writs of summons for both houses , with the bodies and titles of our ancient acts of parliament , we shall find the power of making laws rests solely in the king. some affirm , that a part of the legislative power is in either of the houses ; but besides invincible reason from the nature of monarchy it self , which must have the supreme power alone ; the constant antient declaration of this kingdom is against it . for howsoever of later years in the titles and bodies of our acts of parliament it be not so particularly expressed who is the author and maker of our laws , yet in almost all our elder statutes it is precisely expressed , that they are made by the king himself : the general words used of later times , that laws are made by authority of parliament , are particularly explained in former statutes , to mean , that the king ordains , the lords advise , the commons consent , as by comparing the writs with the statutes that expound the writs , will evidently appear . magna charta begins thus , henry by the grace of god , know ye , that we of our meer and free will have given these liberties . in the self-same style runs charta de foresta , and tells us the author of it . the statute de scaccario h. . begins in these words , the king commandeth , that all bailiffs , sheriffs , and other officers , &c. and concerning the justices of chester , the king willeth &c. and again , he commandeth the treasurer and barons of the exchequer upon their allegiance . the stat. of marlborough , hen. . goeth thus : the king hath made these acts , ordinances , and statutes , which he willeth to be observed of all his subjects , high and low . edw. . the title of this statute is , these are the acts of king edward ; and after it follows , the king hath ordained these acts ; and in the first chapter , the king forbiddeth and commandeth , that none do hurt , damage , or grievance ●…o any religious man , or person of the church : and in the thirteenth chapter , the king prohibiteth that none do ravish or take away by force , any maid within age . edw. . it is said , our sovereign lord the king hath established these acts , commanding they be ●…bserved within this realm : and in the fourteenth chap. the words are , the king of his special grace granteth , that the citizens of london shall recover in an assise , damage with the land. the stat. of west . . saith , our lord the king hath ordained , that the will of the giver be observed and in the . chap. our lord the king hath ordained , that a woman after the death of her husband shal recover by a writ of entry . the stat. of quo warranto saith , our lord the king at his parliament , of his special grace , and for affection which he beareth to his prelates , earls , and barons , and others , hath granted , that they that have liberties by prescription shall enjoy them . in the stat. de finibus levatis , the kings words are , we intending to provide remedy in our parliament have ordained , &c. . edw. . c. . the king wills , that the chancellor , and the iustices of the bench shall follow him ▪ so that he may have at all times some neer unto him tha●… be learned in the laws : and in chap. . the words are , our lord the king , after full conference and debate had with his earls , barons , nobles , and other great men , by their whole consent , hath ordained &c. the stat. de tallagio ( if any such statute there be ) speaks in the kings person , no officer of ours ▪ no tallage shall be taken by us ; we will and grant. . edw. . begins thus , our lord the king willeth and commandeth . the stat. of . the same king , saith , our lord the king , by the assent of the prelates , earls , and other great states , hath ordained . . edw. . it is provided by our lord the king and his iustices . the stat. of carlile saith , we have sent our command in writing firmly to be observed . . edw. . begins thus , king edw. . at his parliament at the request of the commonalty by their petition before him , and his councel in parliament , hath granted , &c. and in the th chap. the king willeth , that no man be charged to arm himself otherwise than he was wont . . edw. . our lord the king , at the request of his people , hath established these things , which he wills to be kept . . of the same king there is this title , our lord the king by the assent &c. and by the advice of his councel being there , hath ordained , &c. in his year , it is said , because our lord king edw. . hath received by the complaint of the prelates , earls , barons ; also at the shewing of the knights of the shires , and his commons by their petition put in his parliament , &c. hath ordained , by the assent &c. at the request of the said knights and commons , &c. the same year in another parliament you may find , these be the articles accorded by our lord the king , with the assent , &c. at the request of the knights of the shires , and the commons by their petition ●…ut in the said parliament . in the year-book edw. . . pl. . it is said , the king makes the laws by the assent of the peers and commons ; and not the peers and commons . the stat. of . ric. . hath this beginning , rich●…d the . by the assent of the prelates , dukes , earls and barons , and at the instance and special request of ●… commons , ordained . there being a statute made ric. . c. . against lollards , in the next year the commons petition him , supplient les commons que come un estatute fuit fait , &c. the commons beseech , that whereas a statute was made in the last parliament , &c. which was never assented to , nor granted by the commons , but that which was done therein was done without their assent . in this petition the commons acknowledge it a statute , and so call it , though they assented not to it . ric. . nu . . the commons desire , some pursuing to make a law which they conceive hurtful to the commonwealth ; that his majesty will not pass it . as for the parliaments in hen. . hen. . hen. . edw. . and ric. . reigns , the most of them do agree in this one title , our lord the king by the advice and assent of his lords , and at the special instance and request of the commons , hath ordained . the precedents in this point are so numerous that it were endless to cite them . the statutes in hen. . days do for the most part agree , both in the titles and bodies of the acts ▪ in these words : our lord the king by the assent of the lords spiritual and temporal , and the commons i●… parliament assembled , and by the authority of the same , hath ordained . unto this kings time we find the commons very often petitioning , but not petitioned unto . the first petition made to the commons that i meet with among the statutes , is but in the middle of this king hen . reign , which was so well approved , that the petition it self is turned into ●… statute : it begins thus , to the right worshipfu●… commons in this present parliament assembled sheweth to your discreet wisdoms , the wardens of the fellowship of the craft of upholsters within london , &c. this petition , though it be directed to the commons in the title ; yet the prayer of the petition is turned to the king , and not to the commons ; for it concludes , therefore it may please the kings highness by the advice of the lords spiritual and temporal , and his commons in parliament , &c. next for the statutes of hen. . they do most part agree , both in their titles , and the bodies of the acts , with those of his father king hen. . lastly , in the statutes of edw. . qu. mary , q. elizabeth , k. iames , and of our sovereign lord the king that now is , there is no mention made in their titles of any assent of lords and commons , or of any ordaining by the king , but only in general terms it is said , acts made in parliament : or thus , at the parliament were enacted : yet in the bodies of many of these acts of these last princes , there is sometimes mention made of consent of lords and commons , in these or the like words : it is enacted by the king , with the assent of the lords and commons ; except only in the statutes of our lord king charles , wherein there is no mention , that i can find , of any consent of the lords and commons ; or ordaining by the king : but the words are , be it enacted by authority of parliament : or else , be it enacted by the king , the lords spiritual and temporal , and commons ; as if they were all fellow-commissioners . thus it appears , that even till the time of k. ed. . who lived but in our fathers dayes , it was punctually expressed in every king's laws , that the statutes & ordinances were made by the king. and withal we may see by what degrees the styles , and titles o●… acts of parliament have been varied , and to whose disadvantage . the higher we look , the more absolute we find the power of kings in ordainin●… laws : nor do we meet with at first so much as th●… assent or advice of the lords mentioned . nay , 〈◊〉 we cast our eye upon many statutes of those that b●… of most antiquity , they will appear as if they we●… no laws at all ; but as if they had been made only to teach us , that the punishments of many offenc●… were left to the meere pleasure of kings . the punitive part of the law , which gives all the vigo●… and binding power to the law , we find committed by the statutes to the kings meer will and pleasure , as if there were no law at all . i will offer a few precedents to the point . edw. . c. . saith , that sheriffs , coroners , a●… bailiffs , for concealing of felonies , shall make grievo●… fines at the kings pleasure . chap. . ordains , that such as be found culpabl●… of ravishing of women , shall fine at the kings pleasure . chap. . saith , the penalty for detaining a priso●…er that is mainpernable , is a fine at the kings pleasure , or a grievous amercement to the king ; and , he th●… shall take reward for deliverance of such , shall be at th●… great mercy of the king. chap. . offenders in parks or ponds shall ma●… fines at the kings pleasure . chap. . committers of champerty , and extortioners , are to be punished at the kings pleasure . chap. . purveyors , not paying for what they tak●… shall be grievously punished at the kings pleasure . chap. . the king shall punish grievously the sheriff , and him that doth maintain quarrels . chap. . the king shall grant attaint in plea of land where it shall seem to him necessary . edw. . saith , whereas of late , before certain persons deputed to treat upon debates between us and certain great men , it was accorded , that in our next parliament provision shall be made by us , and the common assent of the prelates , earls , and barons , that in all parliaments for ever , every man shall come without force and armour . and now in our next parliament the prelates , earls , barons , and commonalty have said , that to us it belongeth , through our royal signory , straitly to defend force of armour at all times , when it shall please us , and to punish them which shall do otherwise , and hereunto they are bound to aid us their sovereign lord at all seasons when need shall be . edw. . takers away of nuns from religious houses , fined at the kings will. if by the default of the lord that will not avoid the dike , underwoods , and bushes in high-wayes , murder be done , the lord shall make fine at the kings pleasure . edw. . if a gold-smith be attainted for not assaying , touching , and working vessels of gold , he shall be punished by ransome at the kings pleasure . hen. . the commons desire they may have answer of their petitions before the gift of any subsidy ; to which the king answers , he would conferr with the lords , and do what should be best according to their ad●…ice ; and the last day of parliament he gave this an●…er , that that manner of doing had not been seen , nor used in no time of his progenitors or predecessors , that they should have any answer of then petitions , or knowledge of it before they have shewed , and finished all their other business of parliament , be it of any grant , business , or otherwise , and therefore the king would not in any wayes change the good customs and usages made and used of antient times . hen. . c. . whereas one savage did beat and maime one richard chedder esquire , menial servan●… to tho. brook , knight of the shire for somerset-shire , the statute saith , savage shall make fine and ransom at the kings pleasure . hen. . it is said , potestas principis non est inclusa legibus , the power of the prince is not included in the laws . hen. . nu . . we read of a restitution i●… bloud , and lands of william lasenby , by the king , by the assent of the lords spiritual , and commons ; omitting the lords temporal . hen. . in a law made , there is a clause , that it is the kings regalty to grant or deny such of their petitions as pleaseth himself . hen. . c. . an ordinance was made for to endure as long as it shall please the king. hen. . c. . hath this law , the king o●… sovereign lord , calling to his remembrance the duty of allegiance of his subjects of this his realm , and that by reason of the same they are bound to serve their prince and sovereign lord for the time being in his wars , for the defence of him , and the land , against every rebellion , power , and might reared against him , and with him to enter and abide in service in battel , if case so require ; and that for the same service , what fortune ever fall by chance in the same battel , against the mind and will of the prince ( as in this land some time past hath been seen ) that it is not reasonable , but against all laws , reason , and good conscience , that the said subjects , going with their sovereign lord in wars , attending upon him in his person , or being in other places , by his commandement within the land , or without ; any thing should lose or forfeit , for doing their true duty and service of allegiance ; be it therefore enacted , that no person that shall attend upon the king , and do him true service , shall be attainted therefore of treason , or any other offence by act of parliament , or otherwise . also the chap. of the same year saith , where every subject by the duty of his allegiance is bounden to serve and assist his prince and sovereign lord at all seasons when need shall require , and bound to give attendance upon his royal person , to defend the same when he shall fortune to go in person in war for defence of the realm , or against his rebels and enemies , for the subduing and repressing of them , and their malitious purpose . christopher wray , serjeant at law , chosen speaker , eliz. in his speech to her majesty , said , that for the orderly government of the commonwealth , three things were necessary : . religion . . authority . . law. by the first , we are taught not only our duty to god , but to obey the queen , and that not only in temporals , but in spirituals , in which her power is absolute . mr. grivel in the eliz. said in parliament , he ●…ished not the making of many laws ; since the more we make , the less liberty we have our selves ; her majesty not being bound by them . for further proof that the legislative power is proper to the king , we may take notice , that in antient time , as sir edw. coke saith , all acts of parliament were in form of petitions : if the petitions were from the commons , and the answer of them the king 's , it is easie thereby to judge who made the act of parliament : also sir io. glanvil affirms , that in former times the course of petitioning the king was this , the lords and speaker , either by words or writing , preferr'd their petition to the king ; this then was called the bill of the commons , which being received by the king , part he received , part he put out , and part he ratified ; for as it came from him , it was drawn into a law. also it appears , that provisions , ordinances , and proclamations , made heretofore out of parliament , have been alwayes acknowledged for laws and statutes : we have amongst the printed statutes , one called the statute of ireland , dated at westminster , feb. hen. . which is nothing but a letter of the king to gerard son of maurice justicer of ireland . the explanations of the statute of gloucester made by the king and his iustices only , were received alwayes for statutes , and are still printed with them . also the statute made for the correction of the twelfth chapter of the statute of gloucester , was signed under the great seal , and sent to the justices of the bench after the manner of a writ patent , with a certain writ closed , dated by the kings hand at westminster , maii edw. . requiring that they should do and execute all and every thing contained in it , though the same do not accord with the stat. of gloucester in all things . the provisions of merton made by the king at an assembly of prelates , and the greater part of the earls and barons , for the coronation of the king , and his queen elinor , are in the form of a proclamation , and begin provisum est in curia domini regis apud merton . hen. . a provision was made , de assisa praesentationis , which was continued and allowed for a law untill the stat. of west . . which provides the contrary in express words . in the old statutes it is hard to distinguish what laws were made by kings in parliament , and what out of parliament : when kings called peers only to parliament , and of those how many , or whom they pleased , ( as it appears anciently they did ) it was no easie matter to put a difference between a councel-table , and a parliament : or between a proclamation and a statute : yet it is most evident , that in old times there was a distinction between the kings special or privy councel , and his common councel of the kingdom : and his special councel did sit with the peers in parliament , and were of great and extraordinary authority there . in the stat. of westm. . it is said , these are the acts of k. edw. . made at his first parliament by his councel , and by the assent of bishops , abbots , priors , earls , barons , and all the commonalty of the realm . the stat. of acton burnell hath these words , the king for himself , and by his councel , hath ordained and established . in articulis super chartas , when the great charter was confirmed at the request of the prelates , earls , and barons , are found these two provisions : . nevertheless the king and his councel do not intend by reason of this statute to diminish the kings right . . notwithstanding all these things before-mentioned , or any part of them , both the king and his councel , and all they that were present , will and intend , that the right and prerogative of his crown shall be saved to him in all things . the stat. of escheators hath this title , at the parliament of our sovereign lord the king , by his councel it was agreed , and also by the king himself commanded . edw. . where magna charta was confirmed , this preamble is found , at the request of the commonalty , by their petition made before the king and his councel in parliament , by the assent of the prelates , earls , and barons , &c. the statute made at york edw. . goeth thus : whereas the knights , citizens , and burgesses desired our sovereign lord the king in his parliament by their petition , &c. our sovereign lord the king , desiring the profit of his people , by the assent of his prelates , earls , barons , and other nobles of his realm , and by the advice of his councel being there , hath ordained . . edw. . in the statute of purveyors , where the king , at the request of the lords and commons , made a declaration what offences should be adjudged treason : it is there further said , if per-case any man ride armed with men of arms against any other to slay him , or rob him , it is not the mind of the king , or of his councel : that in such cases it shall be adjudged treason . by this statute it appears , that even in the case of treason , which is the kings own cause , as , whereas a man doth compass , or imagine the death of our lord the king , or a man do wage war against our lord the king in his realm , or be adherent to the kings enemies in his realm , giving to them aid or comfort in the realm , or elsewhere ▪ in all these cases it is the kings declaration onely that makes it to be treason : and though it be said , that difficult points of treason shall be brought and shewed to the king , and his parliament , yet it is said , it is the mind of the king and his councel , that determines what shall be adjudged treason , and what felony , or trespass . edw. . the commons presenting a petition to the king which the kings councel did mislike , were content thereupon to amend and explain their petition : the petition hath these words , to their most redoubted sovereign lord the king , praying , your said commons , that whereas they have prayed him to be discharged of all manner of articles of the eyre &c. which petition seemeth to his councel to be prejudicial unto him , and in disinherison of his crown if it were so generally granted . his said commons not willing nor desiring to demand things of him , or of his crown perpetually , as of escheats , &c. but of trespasses , misprisions , negligences , ignorances , &c. and as in parliaments the kings councel were of supereminent power , so out of parliament kings made great use of them . king edw. . finding that bogo de clare was discharged of an accusation brought against him in parliament , commanded him nevertheless to appear before him and his councel , ad faciendum & recipiendum quod per regem & ejus concilium fuerit faciendum , and so proceeded to the examination of the whole cause , edw. . edw. . in the star-chamber ( which was the ancient councel-table at westminster ) upon the complaint of eliz. audley , commanded iames audley to appear before him and his councel ; and determined a controversie between them , touching land contained in her jointure , rot. claus . de an. edw. . hen. . in a suit before him and his councel , for the titles of the manors of serre and st. lawrence in the isle of thanet in kent , took order for the sequestring the profits till the right were tried . hen. . commanded the justices of the bench to stay the arraignment of one verney in london , till they had other commandment from him and his councel , hen. . rot . . in banco . edw. . and his councel in the star-chamber heard the cause of the master and poor brethren of saint leonard's in york , complaining that sir hugh hastings , and others , withdrew from them a great part of their living , which consisted chiefly upon the having of a thrave of corn of every plow-land within the counties of york , westmorland , cumberland , and lancashire , rot. pat . de an . . edw. . part . . memb . . hen. . and his councel in the star-chamber , decreed , that margery and florence becket should sue no further in their cause against alice radley widow , for lands in wolwich and plumsted in kent , for as much as the matter had been heard first before the councel of edw. . after that before the president of the requests of that king hen. . and then lastly before the councel of the said king , hen. . in the time of hen. . an order or provision was made by the kings councel , and it was pleaded at the common law in bar to a writ of dower ; the plaintifs atturney could not deny it , and thereupon the judgment was , ideo sine die . it seems in those days an order of the kings councel , was either parcell of the common law , or above it . also we may find , the judges have had regard , that before they would resolve or give judgment in new cases , they consulted with the kings privy councel . in the case of adam brabson who was assaulted by r. w. in the presence of the justices of assise at westminster , the judges would have the advice of the kings councel : for in a like case , because r. c. did strike a juror at westminster which passed against one of his friends , it was adjudged by all the councel that his right hand should be cut off , and his lands and goods forfeited to the king. green and thorp were sent by the judges to the kings councel , to demand of them whether by the stat. of edw. . . a word may be amended in a writ , and it was answered that a word may be well amended , although the stat. speaks but of a letter or syllable . in the case of sir thomas ogthred , who brought a formedon against a poor man and his wife ; they came and yielded to the demandant , which seemed suspitious to the court ; whereupon judgment was staid , and thorp said that in the like case of giles blacket it was spoken of in parliament , and we were commanded that when any like should come we should not go to judgment without good advice ; therefore the judges conclusion was , sues an counseil & comment ils voilent que nous devomus faire , nous volums faire , & autrement nient en oest case ; sue to the councel , and as they will have us to do , we will do ; and otherwise not in this case , edw. . thus we see the judges themselves were guided by the kings councel , and yet the opinions of judges have guided the lords in parliament in point of law. all the judges of the realm , barons of exchequer , of the quoif ; the kings learned councel , and the civilians , masters of chancery , are called temporal assistants by sir edw. coke , and though he deny them voices in parliament , yet lie confesseth , that by their writ they have power both to treat , and to give councel . i cannot find that the lords have any other power by their writ : the words of the lords writ are , that you be present with us the prelates , great men , and peers , to treat and give your counsel : the words of the judges writ are , that you be present with us , and others of the counsel ( and sometimes with us only ) to treat and give your counsel . the judges usually joyned in committees with the lords in all parliaments , even in queen eliz. reign , untill her th year ; and then upon the th of november , the judges were appointed to attend the lords . and whereas the judges have liberty in the upper house it self , upon leave given them by the l. keeper , to cover themselves , now at committees they sit always uncovered . the power of judges in parliament is best understood , if we consider how the judicial power of peers hath been exercised in matter of judicature : we may find it hath been the practice , that though the lords in the kings absence give judgment in point of law , yet they are to be directed and regulated by the kings judges , who are best able to give direction in the difficult points of the law ; which ordinarily are unknown to the lords . and therefore , if any errour be committed in the kings bench , which is the highest ordinary court of common law in the kingdom , that errour must be redressed in parliament . and the manner is , saith the lord chancellor egerton , if a writ of errour be sued in parl. upon a iudgment given by the iudges in the kings bench , the lords of the higher house alone , ( without the commons ) are to examine the errours . the lords are to proceed according to the law , and for their iudgments therein they are to be informed by the advice and councel of the iudges , who are to inform them what the law is , and to direct them in their iudgment ; for the lords are not to follow their own discretion or opinion otherwise . hen. . the commons made sute that w. de la pool d. of suffolk , should be committed to prison for many treasons , and other crimes ; the lords of the higher house were doubtful what answer to give ; the opinion of the iudges was demanded , their opinion was , that he ought not to be committed , for that the commons did not charge him with any particular offence , but with general reports and slanders : this opinion was allowed . . hen. . a parliament being prorogued , in the vacation the speaker of the house of commons was condemned in a thousand pounds damages in an action of trespass , and committed to prison in execution for the same : when the parliament was re-assembled , the commons made sute to the king , and lords , to have their speaker delivered . the lords demanded the opinion of the judges whether he might be delivered out of prison by privilege of parliament ; upon the judges answer it was concluded , that the speaker should remain i●… prison according to the law , notwithstanding the privilege of parliament , and that he was speaker ; which resolution was declared to the commons by moy●… the kings serjeant at law , and the commons were commanded in the kings name by the bishop 〈◊〉 lincoln ( in the absence of the arch-bishop of canterbury , then chancellor ) to chuse another speaker . hen. . a question was moved in parliament , whether spiritual persons might be convented before temporal iudges for criminal causes ? there sir iohn fineux and the other judges delivered their opinion , that they might and ought to be ; and their opinion allowed and maintained by the king and lords , and dr. standish who before had holden the same opinion , w●… delivered from the bishops . i find it affirmed , that in causes which receive determination in the house of lords , the king hath 〈◊〉 vote at all , no more than in other courts of ministerial iurisdiction . true it is , the king hath no vote at all if we understand by vote , a voice among others : for he hath no partners with him in giving judgement . but if by no vote is meant he hath no power to judge ; we dispoil him of his sovereignty : it is the chief mark of supremacy to judge in the highest causes , and last appeals . this the children of israel full well understood , when they petitioned for a king to judge them ; if the dernier reso●… be to the lords alone , then they have the supremacy . but as moses by chusing elders to judge in small causes , did not thereby lose his authority to be judge himself when he pleased , even in the smallest matters ; much less in the greatest , which he reserved to himself : so kings by delegating others to judge under them , do not thereby denude themselves of a power to judge when they think good . there is a distinction of these times , that kings themselves may not judge , but they may see and look to the iudges , that they give iudgment according to law , and for this purpose only ( as some say ) kings may sometimes sit in the courts of justice . but it is not possible for kings to see the laws executed , except there be a power in kings both to judge when the laws are duely executed , and when not ; as also to compell the judges if they do not their duty . without such power a king sitting in courts is but a mockery , and a scorn to the judges . and if this power be allowed to kings , then their judgments are supream in all courts . and indeed our common law to this purpose doth presume that the king hath al●… laws within the cabinet of his breast , in scrinio pectoris , saith crompton's jurisdiction . . when several of our statutes leave many things to the pleasure of the king , for us to interpret all those statutes of the will and pleasure of the kings iustices only , is to give an absolute arbitrary power to the justices in those cases wherein we deny it to the king. the statute of hen. . c. . makes a difference between the king , and the kings iustices , in these words , divers notorious felons be indicted of divers felonies , murders , rapes : and as well before the kings iustices , as before the king himself , arreigned of the same felonies . i read , that in an. . hen. . sate in the e●…chequer , and there set down order for the appearance sheriffs , and bringing in their accounts ; there w●… five marks set on every sheriffs head for a fine , b●…cause they had not distrained every person that mig●… dispend fifteen pounds lands by the year , to receive t●… order of knighthood , according as the same sherif●… were commanded . in michaelmas term , . edw. . sate th●… dayes together in open court in the kings bench. for this point there needs no further proofs , b●…cause mr. pryn doth confess , that kings themselv●… have sate in person in the kings bench , and other cou●… and there given iudgment , p. . treachery and d●…loyalty , &c. notwithstanding all that hath been said for t●… legislative and judicial power of kings , mr. pry●… is so far from yielding the king a power to ma●… laws , that he will not grant the king a power to hinder a law from being made ; that is , 〈◊〉 allows him not a negative voice in most case which is due to every other , even to the mea●…est member of the house of commons in his judgment . to prove the king hath not a negative voice , 〈◊〉 main , and in truth , his only argument insisted o●… is a coronation-oath , which is said anciently so●… of our kings of england have taken , wherein th●… grant to defend and protect the just laws and custom●… which the vulgar hath , or shall chuse : iustas leg●… & consuetudines quas vulgus elegerit : hence m●… pryn concludes , that the king cannot deny any ia●… which the lords and commons shall make cho●… of ; for so he will have vulgus to signifie . though neither our king , nor many of his predecessors ever took this oath , nor were bound to ●…ake it , for ought appears ; yet we may admit ●…hat our king hath taken it ; and answer , we may be confident , that neither the bishops , nor privy councel , nor parliament , nor any other whosoever they were that framed , or penn'd this oath , ever intended in this word vulgus the commons in parliament , much less the lords : they would never so much disparage the members of parliament , as to disgrace them with a title both base and false : it had been enough , if not too much , to have called them populus , the people ; but vulgus , the vulgar , the rude multitude ( which hath the epithet of ignobile vulgus ) is a word as dishonourable to the composers of the oath to give , or for the king to use , as for the members of the parliament to receive ; it being most false : for the peers cannot be vulgus , because they are the prime persons of the kingdom : next , the knights of the shires are , or ought to be notable knights , or notable esquires , or gentlemen , born in the counties , as shall be able to be knights : then the citizens and burgesses are to be most sufficient , none of these can be vulgus : even those free-holders that chuse knights , are the best and ablest men of their counties ; there being for every free-holder , above ten of the common people to be found to be termed the vulgar : therefore it rests that vulgus must signifie the vulgar or common people , and not the lords and commons . but now the doubt will be , what the common people , or vulgus , out of parliament , have to do to chuse laws ? the answer is easie and ready ; there goeth before quas vulgus , the antecede●… consuetudines , that is , the customs which the vulghath , or shall chuse . do but observe the nature 〈◊〉 custom , and it is the vulgus or common people only who chuse customs : common usage time out 〈◊〉 mind creates a custom , and the commoner 〈◊〉 usage is , the stronger and the better is the custom no where can so common an usage be found , 〈◊〉 among the vulgar , who are still the far great●… part of every multitude : if a custom be commo●… through the whole kingdom , it is all one with the common law in england , which is said to be common custom . thus in plain terms to protect the customs which the vulgar chuse , is to swear to protect the common laws of england . but grant that vulgus in the oath , signifies lord●… and commons , and that consuetudines doth not signifie customs , but statutes , ( as mr. pryn for a desperate shift affirms , ) and let elegerit be the future or preterperfect tense , even which mr. pryn please yet it cannot exclude the kings negative voice ; for as consuetudines goeth before quas vulgus , so doth justas stand before leges & consuetudines : so that not all laws , but only all just laws are meant . if the sole choice of the lords and commons , did oblige the king to protect their choice , without power of denial , what need , or why is the word justas put in , to raise a scruple that some laws may be unjust ? mr. pryn will not say that a decree of a general councel , or of a pope is infallible , nor ( ●… think ) a bill of the lords and commons is infallible just , and impossible to erre ; if he do , sir edward coke will tell him that parliaments have been utterly deceived , and that in eases of greatest moment , even i●… case of high treason : and he calls the statute of hen. . an unjust and strange act. but it may be mr. pryn will confess that laws chosen by the lords and commons may be unjust , so that the lords and commons themselves may be the judges of what is just , or unjust . but where a king by oath binds his conscience to protect just laws , it concerns him to be satisfied in his own conscience , that they be just , and not by an implicite faith , or blind obedience : no man can be so proper a judge of the justness of laws , as he whose soul must lie at the stake for the defence and safeguard of them . besides , in this very oath the king doth swear , to do equal and right iustice and discretion , in mercy and truth in all his iudgments : facies fieri in omnibus judiciis tuis aequam & rectam justitiam & discretionem in misericordia & veritate : if we allow the king discretion and mercy in his iudgments , of necessity he must judge of the justness of the laws . again , the clause of the oath , quas vulgus elegerit , doth not mention the assenting unto , or granting any new laws , but of holding , protecting , and strengthning with all his might , the just laws that were already in being : there were no need of might or strength , if assenting to new laws were there meant . some may wonder , why there should be such labouring to deny the king a negative voice , since a negative voice is in it self so poor a thing ; that if a man had all the negative voices in the kingdom , ●…t would not make him a king ; nor give him power to make one law : a negative voice is but a ●…ivative power , that is , no power at all to do or act any thing ; but a power only to hinder the power of another . negatives are of such a malignant or destructive nature , that if they have nothing else to destroy , they will , when they meet , destroy one another , which is the reason why two negatives make an affirmative , by destroying the negation which did hinder the affirmation : a king with a negative voice only , is but like a syllogisme of pure negative propositions , which can conclude nothing ▪ it must be an affirmative voice that makes both a king , and a law , and without it there can be no imaginable government . the reason is plain why the kings negative voice is so eagerly opposed : for though it give the king no power to do any thing ; yet it gives him a power to hinder others : though it cannot make him a king , yet it can help him to keep others from being kings . for conclusion of this discourse of the negative voice of the king , i shall oppose the judgment of a chief iustice of england , to the opinion of him that calls himself an utter barister of lincolns inn , and let others judge who is the better lawyer of the two : the words are bracton's , but concern mr. pryn to lay them to heart ; concerning the charters and deeds of kings , the iustices nor private men neither ought , nor can dispute ; nor yet if there rise a doubt in the kings charter , can they interpret it ; and in doubtful and obscure points , or if a word contain two senses , the interpretation , and will of our lord the king is to be expected , seeing it is his part to interpret ; who makes the charter : full well mr. pryn knows , that when bracton writ , the laws that were then made , and strived for , were called the kings charters , as magna charta , charta de foresta , and others : so that in bracton's judgment the king hath not only a negative voice to hinder , but an affirmative , to make a law , which is a great deal more than master pryn will allow him . not only the law-maker , but also the sole iudge of the people is the king , in the judgment of bracton ; these are his words : rex & non alius debet judicare , si solus ad id sufficere possit , the king and no other ought to judge , if he alone were able . much like the words of bracton , speaketh briton , where , after that he had shewed that the king is the viceroy of god , and that he hath distributed his charge into sundry portions , because he alone is not sufficient to hear all complaints of his people , then he addeth these words , in the person of the king : nous volons que nostre jurisdiction soit sur touts iurisdictions , &c. we will that our iurisdiction be above all the iurisdictions of our realm , so as in all manner of felonies , trespasses , contracts , and in all other actions personal or real we have power to yield , or cause to be yielded , such iudgments as do appertain without other process , wheresoever we know the right truth as iudges . neither was this to be taken , saith mr. lambard , to be meant of the kings bench , where there is only an imaginary presence of his person , but it must necessarily be understood of a iurisdiction remaining and left in the king 's royal body and brest , distinct from that of his bench , and other ordinary courts ; because he doth immediately after , severally set forth by themselves , as well the authority of the kings bench , as of the other courts . and that this was no new-made law , mr. lam●…d puts us in mind of a saxon law of king edgars . nemo in lite regem appellato , &c. let no man i●… suit appeal unto the king , unless he cannot get right a●… home , but if that right be too heavy for him , then l●… him go to the king to have it eased . by which i●… may evidently appear , that even so many years ag●… there might be appellation made to the kings persae whensoever the cause should enforce it . the very like law in effect is to be seen in the laws of canutus the dane , sometimes king of th●… realm , out of which law master lambard gathe●… that the king himself had a high court of iustia wherein it seemeth he sate in person , for the words b●… let him not seek to the king , and the same court ●… the king did judge not only according to mee●… right and law , but also after equity and goo●… conscience . for the close , i shall end with the suffrage ●… our late antiquary sir henry spelman , in his glossary , he saith , omnis regni iustitia solius regis est , &c. all iustice of the kingdom is only the king 's , and h●… alone , if he were able , should administer it ; but th●… being impossible , he is forced to delegate it to ministers whom he bounds by the limits of the laws ; the positive laws are only about generals ; in particular cases , they are sometimes too strict , sometimes too remis●… and so , oft wrong instead of right will be done , if w●… stand to strict law : also causes hard and difficult d●…ly arise , which are comprehended in no law-books , ●… those there is a necessity of running back to the king , t●… fountain of iustice , and the vicegerent of god himself who in the commonwealth of the iews took such cause to his own cognisance , and left to kings not only the example of such iurisdiction , but the prerogative also . of privilege of parliament . what need all this ado , will some say , to sift out what is comprised in the writ for the election of the commons to parliament , since it is certain , though the writ doth not , yet privilege of parliament gives sufficient power for all proceedings of the two houses ? it is answered , that what slight esteem soever be made of the writ , yet in all other cases the original writ is the foundation of the whole business , or action : and to vary in substance from the writ , makes a nullity in the cause , and the proceedings thereupon : and where a commissioner exerciseth more power than is warranted by his commission , every such act is void , and in many cases punishable : yet we will lay aside the writ , and apply our selves to consider the nature of privilege of parliament . the task is the more difficult , for that we are not told what the number of privileges are , or which they be ; some do think that as there be dormant articles of faith in the roman church , which are not yet declared ; so there be likewise privileges dormant in the house of commons , not yet revealed , we must therefore be content in a generality to discourse of the quality or condition of privilege of parliament , and to confine our selves to these three points : . that privilege of parliament gives no power ; but only helps to the execution of the power given by the writ . . that the free-holders by their elections give no privilege . . that privilege of parliament is the gift of the king. first , the end or scope of privilege of parliament is not to give any power to do any publick act , not warranted by the writ : but they are intended as helps only to enable to the performance of the duty enjoyned , and so are subservient to the power comprised in the writ : for instance , the grand privilege of freedom from arrests doth not give any power at all to the house of commons to do any act ; but by taking away from the free-holders and other subjects the power of arrests , the commons are the better inabled to attend the service to which they are called by the king. in many other cases the servants , o●… ministers of the king are privileged , and protected much in the same nature . the servants in houshold to the king may not be arrested without special licence : also the officers of the kings courts of justice , have a privilege not to be sued in any other court but where they serve and attend ; and to this purpose they are allowed a writ of privilege . likewise all such as serve the king in his wars , or are imployed on forreign affairs for him , are protected from actions and sutes . nay the kings protection descends to the privileging even of laundresses , nurses , and midwives , if they attend upon the camp , as sir edw. coke saith , quia lotrix , seu nutrix , seu obstetrix . besides the king protects his debtors from arrests of the subject till his own debts be paid . these sorts of protections are privileges the common law takes notice of , and allows : and hath several distinctions of them ; and some are protections , quia profecturus , and others are , quia moraturus : some are with a clause of volumus for stay of suits : others with a clause of nolumus for the safety of mens persons , servants , and goods : and the kings writs do vary herein according to the nature of the business . but none of these privileges or protections do give any power ; they are not positive , but privative : they take away and deprive the subject of the power , or liberty to arrest , or sue , in some cases only : no protection or privilege doth defend in point of treason , felony , or breach of the peace : privileges are directly contrary to the law , for otherwise they should not be privileges , and they are to be interpreted in the strictest manner , as being odious and contrary to law : we see the use of privileges ; they do but serve as a dispensation against law , intended originally , and principally for the expediting of the kings business ; though secondarily , and by accident there do sometimes redound a benefit by them to the parties themselves that are protected . strictly , and properly every privilege must be against a publick or common law , for there is no use or need of a private law to protect , where there is no publick law to the contrary : favours and graces which are only besides , and not against the law , do not properly go under the name of privileges , though common use do not distinguish them : i know no other privilege that can be truly so called , and to belong to the house of commons , which is so vast and great , as this privilege of their persons , servants , and goods : this being indeed against the common law , and doth concern the whole kingdom to take notice of it , if they must be bound by it . touching this grand privilege of freedom from arrests , i read that in the hen. . the commons did not proceed to the punishment of offenders for the breach of it , untill the lords referred the punishment thereof to the lower house . the case is thus reported , george ferrers gentleman , servant to the king , and burgesse for plymouth , going to the parliament house was arrested in london , by process out of the kings bench for debt , wherein he had before been condemned as surety for one welden at the sute of one white : which arrest signified to sir thomas moyl speaker , and to the rest ; the serjeant ( called saint-iohns ) was sent to the counter in breadstreet to demand ferrers : the officer of the counter refused to deliver him , and gave the serjeant such ill language that they fall to an affray : the sheriff coming , taketh the officers part , the serjeant returned without the prisoner : this being related to the speaker and burgesses , they would sit no more without their burgess ; and rising , repaired to the upper house , where the case was declared by the speaker before sir thomas audley chancellor , and the lords and iudges there assembled , who judging the contempt to be very great , referred the punishment thereof to the house of commons it self . this privilege of freedom from arrest●… is the only privilege which sir edward coke finds to belong to the house of commons ; he cannot , or at least he doth not , so much as name any other in his section of the privileges of parliament : neither doth he bring so much as one precedent for the proof of this one privilege for the house of commons ; which may cause a doubt that this sole privilege is not so clear as many do imagine . for in a parliament in the eliz. richard coke , a member , being served with a subpoena of chancery , the lord chancellor thought the house had no such privilege for subpoena's as they pretended ; neither would he allow of any precedents of the house committed unto them , formerly used in that behalf , unless the house of commons could also prove the same to have been likewise thereupon allowed , and ratified also by precedents in the court of chancery . in the of eliz. sir edw. hobby , and mr. brograve , attorney of the dutchy , were sent by the house to the lord keeper , in the name of the whole house , to require his lordship to revoke two writs of subpoena's , which were served upon m. th. knevit , a member of the house , since the beginning of parliament . the lord keeper demanded of them , whether they were appointed by any advised consideration of the house , to deliver this message unto him with the word required , in such manner as they had done , or no : they answered his lordship , yea : his lordship then said , as he thought reverently and honourably of the house , and of their liberties , and privileges of the same , so to revoke the said subpoena's in that sort , was to restrain her majesty in her greatest power , which is , iustice in the place wherein he serveth under her , and therefore he concluded , as they had required him to revoke his writ , so he did require to deliberate . upon the of february , being wednesday , eliz. report was made by mr. attorney of the dutchy , upon the committee , for the delivering of one mr. hall's man ; that the committee found no precedent for setting at large by the mace any person in arrest but only by writ , and that by divers precedents of records perused by the said committee , it appeareth that every knight , citizen or burgess which doth require privilege , hath used in that case to take a corporal oath before the lord chancellor , or lord keeper , that the party for whom such writ is prayed , came up with him , and was his servant at the time of the arrest made . thereupon m. hall was moved by the house to repair to the lord keeper , and make oath , and then take a warrant for a writ of privilege for his servant . it is accounted by some to be a privilege of parliament to have power to examine misdemeanours of courts of justice , and officers of state : yet there is not the meanest subjest but hath liberty , upon just cause , to question the misdemeanour of any court or officer , if he suffer by them ; there is no law against him for so doing ; so that this cannot properly be called a privilege , because it is not against any publick law : it hath been esteemed a great favour of princes to permit such examinations : for , when the lords were displeased with the greatness of pierce gaveston , it is said , that in the next parliament , the whole assembly obtain of the king to draw articles of their grievances , which they did . two of which articles were , first , that all strangers should be banished the court and kingdom : o●… which gaveston was one . secondly , that the business of the state should be treated of by the councel of the clergy and nobles . in the reign of king henry the sixth , one mortimer , an instrument of the duke of york , by promising the kentish men a reformation , and freedom from taxations , wrought with the people , that they drew to a head , and made this mortimer ( otherwise iack cade ) their leader : who styled himself captain mend-all : he presents to the parliament the complaints of the commons , and he petitions that the duke of york and some other lords might be received by the king into favour , by the undue practices of suffolk and his complices , commanded from his presence ; and that all their opposites might be banished the court , and put from their offices , and that there might be a general amotion of corrupt officers : these petitions are sent from the lower house to the upper , and from thence committed to the lords of the kings privy councel , who , having examined the particulars , explode them as frivolous , and the authors of them to be presumptuous rebels . concerning liberty , or freedom of speech , i find , that at a parliament at black friars in the of henry the eighth , sir tho. more being chosen speaker of the house of commons : he first disabled himself , and then petitioned the king , that if in communication and reasoning , any man in the commons house should speak more largely than of duty they ought to do , that all such offences should be pardoned , and to be entred of record ; which was granted . it is observable in this petition , that liberty or freedom of speech is not a power for men to speak what they will , or please , in parliament ; but a privilege not to be punished , but pardoned for the offence of speaking more largely than in duty ought to be ; which in an equitable construction must be understood of rash , unadvised , ignorant , or negligent escapes , and slips in speech : and not for wilful , malicious offences in that kind ; and then the pardon of the king was desired to be upon record , that it might be pleaded in bar to all actions . and it seemeth that ric. strood and his complices , were not thought sufficiently protected for their free speech in parliament , unless their pardon were confirmed by the king in parliament , for there is a printed statute to that purpose in h. ths time . touching the freedom of speech , the commons were warned in q. eliz. dayes not to meddle with the queens person , the state , or church-government . in her time the discipline of the church was so strict , that the litany was read every morning in the house of commons , during the parliament , and when the commons first ordered to have a fast in the temple upon a sunday , the queen hindred it . ian. saturday , eliz. the case is thus reported : mr. paul wentworth moveth for a publick set fast , and for a preaching every morning at of the clock , before the house sate : the house was divided about the fast , were for it , and an against it ; it was ordered , that as many of the house as conveniently could , should on sunday fortnight after , assemble , and meet together in the temple-church , there to hear preaching , and to joyn together in prayer , with humiliation and fasting , for the assistance of god's spirit in all their consultations , during this parliament , and for the preservation of the queens majesty and her realms : and the preachers to be appointed by the privy councel that were of the house , that they may be discreet , not medling with innovation or unquietness . this order was followed by a message from her majesty to the house , declared by mr. vice-chamberlain , that her highness had a great admiration of the rashness of this house , in committing such an apparent contempt of her express command , as to put in execution such an innovation , without her privity , or pleasure first known . thereupon mr. vice-chamberlain moved the house to make humble submission to her majesty , acknowledging the said offence , and contempt , craving a remission of the same , with a full purpose to forbear the committing of the like hereafter : and by the consent of the whole house , mr. vice-chamberlain carried their submission to her majesty . eliz. mr. peter wentworth , and sir henry bromley , delivered a petition to the lord keeper , desiring the lords of the upper house to be suppliants with them of the lower house , unto her majesty for entailing the succession of the crown . whereof a bill was ready drawn by them . her majesty was highly displeased herewith , as contrary to her former strait command , and charged the councel to call the parties before them : sir thomas henage sent for them , and after speech with them , commanded them to forbear the parliament , and not to go out of their several lodgings ; after , they were called before the lord treasurer , the lord buckhurst , and sir thomas henage ; mr. wentworth was committed by them to the tower , sir henry bromley , with mr. richard stevens , to whom sir henry bromley had imparted the matter , were sent to the fleet , as also mr. welch the other knight for worcestershire . in the same parliament mr. morrice , attorney of the court of wards , moved against the hard courses of the bishops , ordinaries , and other ecclesiastical judges in their courts , used towards sundry learned , and godly ministers and preachers ; and spake against subscription , and oaths ; and offer'd a bill to be read against imprisonment for refusal of oaths : mr. dalton opposed the reading of it , as a thing expresly against her majesties command , to meddle in : doctor lewin shewed , that subscription was used even at geneva : at two of the clock the same day , the speaker , mr. coke , ( afterwards sir edward coke ) was sent for to the court , where the queen her self gave him in command a message to the house : she told him , it being wholly in her power to call , to determine , to assent , or dissent to any thing done in parliament : that the calling of this was only , that the majesty of god might be more religiously observed , by compelling , by some sharp laws , such as neglect that service : and that the safety of her majesties person , and the realm might be provided for : it was not meant they should meddle with matters of state , or causes ecclesiastical , ( for so her majesty termed them ) she wondred that any could be of so high commandement , to attempt ( they were her own words ) a thing so expresly contrary to that which she had commanded : wherefore with this she was highly offended : and because the words spoken by my lord keeper , are not now perhaps well remembred , or some b●… now here that were not then present . her majesties present charge and express command is , that no bill touching the said matter of state or reformation in causes ecclesiastical , be exhibited , and upon my allegiance ( saith mr. coke ) i am charged , if any such bill be exhibited ; not to read it . i have been credibly informed , that the queen sent a messenger , or serjeant at arms , into the house of commons , and took out mr. morrice , and committed him to prison : within few dayes after , i find mr. wroth moved in the house , that they might be humble suitors to her majesty , that she would be pleased to set at liberty those members of the house that were restrained . to this it was answered by the privy counsellors , that her majesty had committed them for causes best known to her self , and to press her highness with this suit , would but hinder them whose good is sought : that the house must not call the queen to account for what she doth of her royal authority : that the causes for which they are restrained may be high and dangerous : that her majesty liketh no such questions ; neither doth it become the house to searc●… into such matters . in the eliz. the commons were tol●… their privilege was yea , and no : and tha●… her majesties pleasure was , that if the speaker perceived any idle heads which would not stick to hazard their own estates ; which will meddle with reforming the church , and transforming the commonweal , and do exhibit bills to that purpose ; the speaker should not receive them till they were viewed and considered by those , whom it is fitter should consider of such things , and can better judge of them : and at the end of this parliament , the queen refused to pass bills which had passed both houses . in the of eliz. the queen said , she was sorry the commons medled with chusing and returning knights of the shire for norfolk , a thing impertinent for the house to deal withal , and only belonging to the office and charge of the lord chancellor , from whom the writs issue , and are returned . hen. . the of october , the chancellor before the king declared , the commons had sent to the king , praying him that they might have advice , and communication with certain lords about matters of business in parliament , for the common good of the realm : which prayer our lord the king graciously granted , making protestation , he would not do it of duty , nor of custom , but of his special grace at this time : and therefore our lord the king ●…harged the clark of the parliament , that this protestation should be entred on record upon the parliament-roll : which the king made known to them by the lord say , and his secretary ; how that neither of due nor of custom , our lord the king ought to grant any lords to enter into communication with them of matters touching the parliament , but by his special grace at this time he hath granted their request in this particular : upon which matter , the said steward and secretary made report to the king in parliament ; that the said commons knew well that they could not have any such lords to commune with them , of any business of parliament , without special grace and command of the king himself . it hath heretofore been a question , whether it be not an infringing , and prejudice to the liberties and privileges of the house of commons , for them to joyn in conference with the lords in cases of benevolence , or contribution , without a bill . in the eliz. on tuesday the first of march , mr. egerton , attorney general , and doct. carey came with a message from the lords ; their lordships desired to put the house in remembrance of the speech delivered by the lord keeper , the first day for consultation and provision of treasure , to be had aginst the great and imminent dangers of the realm ; thereupon their lordships did look to have something from the houses , touching those causes before this time ( and yet the parliament had sate but three dayes , for it began feb. . ) and therefore their lordships had hitherto omitted to do any thing therein themselves . and thereupon their lordships desired , that according to former laudable usages between both houses in such like cases , a committee of commons may have conference with a committee of lords , touching provision of treasure against the great dangers of the realm , which was presently resolved by the whole house , and they signified to their lordships the willing , and ready assent of the whole house . at the meeting , the lords negatively affirm , not to assent to less than three subsidies , and do insist for a second conference . m. francis bacon yielded to the subsidy , but opposed the joyning with the lords , as contrary to the privileges of the house of commons ; thereupon the house resolved to have no conference with the lords , but to give their lordships most humble and dutiful thanks with all reverence for their favourable and courteous offer of conference , and to signifie that the commons cannot in those cases of benevolence , or contribution joyn in conference with their lordships , without prejudice to the liberties and privileges of the house : and to request their lordships to hold the members of this house excused in their not-assenting to their lordships said motion for conference , for that so to have assented without a bill , had been contrary to the liberties and privileges of this house ▪ and also contrary to the former precedents of the same house in like cases had . this answer delivered to the lords by the chancellor of the exchequer , their lordships said , they well hoped to have had a conference according to their former request , and desir'd to see those precedents by which the commons seem to refuse the said conference . but in conclusion it was agreed unto , upon the motion of sir walter raleigh , who moved , that without naming a subsidy , it might be propounded in general words , to have a conference touching the dangers of the realm , and the necessary supply of treasure to be provided speedily for the same , according to the proportion of the necessity . in the eliz. serjeant heal said in parliament , he marvail'd the house stood either a●… the granting of a subsidy or time of payment , whe●… all we have is her majesties , and she may lawfull ▪ at her pleasure take it from us ; and that she had ●… much right to all our lands and goods , as to an●… revenue of the crown ; and he said he could pro●… it by precedents in the time of h. . k. john and k. stephen . the ground upon which this serjeant at law went , may be thought the same sir edw. coke delivers in his institutes , where he saith , the first kings of this realm had all the lands of england in demesne , and the great manors & royalists they reserved to themselves , & of the remnant for the defence of the kingdom enfeoffed the barons : from whence it appears , that no man holds any lands but under a condition to defend the realm ; and upon the self-same ground also the kings prerogative is raised , as being a preheminence , in cases of necessity , above , & before the law of property , or inheritance . certain it is , before the commons were ever chosen to come to parliament , taxes or subsidies were raised and paid without their gift . the great and long continued subsidy of dane-gelt was without any gift of the commons , or of any parliament at all , that can be proved . in the h. . a subsidy of marks in silver upon every knights fee was granted to the king by the nobles , without any commons . at the passing of a bill of subsidies the words of the king are , the king thanks his loyal subjects , accepts their good will , & also will have ●…so : le roy remercie ses loyaux subjects , accept leur ●…enevolence , & ausi ainsi le veult : which last words of ainsi le veult , the king wills it to be so , ●…re the only words that makes the acts of sub●…idy a law to bind every man to the pay●…ent of it . in the eliz. the commons , by their speaker , complaining of monopolies , the queen spake in private to the l. keeper , who then made answer touching monopolies , that her majesty hoped her dutiful and loving subjects would not take away her prerogative , which is the chiefest flower in her garland , and the principal and head pearl in her crown and diadem , but that they will rather leave that to her disposition . the second point is , that the free-holders , or counties do not , nor cannot give privilege to the commons in parliament . they that are under the law cannot protect against it , they have no such privilege themselves as to be free from arrests , and actions : for if they had , then it had been no privilege , but it would be the common law : and what they have not , they cannot give ; nemo dat quod non habet , neither do the free-holders pretend to give any such privilege , either at their election , or by any subsequent act ; there is no mention of any such thing in the return of the writ ; nor in the indentures between the sheriff , and the free-holders . the third point remains , that privilege of parliament is granted by the king. it is a known rule , that which gives the form gives the consequences of the form ; the king by his writ gives the very essence , and form to the parliament : therefore privileges which are but consequences of the form , must necessarily flow from kings . all other privileges and protections are the acts of the king ; and by the kings writ . sir edw. coke saith , that the protection of mens persons , servants , and goods , is done by a writ of grace from the king. at the presentment of the speaker of the house of commons to the king upon the first day of parliament , the speaker in the name and behoof of the commons , humbly craveth that his majesty would be graciously pleased to grant them their accustomed liberties and privileges ; which petition of theirs , is a fair recognition of the primitive grace and favour of kings in bestowing of privilege , and it is a shrewd argument against any other title : for our ancestors were not so ceremonious nor so full of complement as to beg that by grace , which they might claim by right . and the renewing of this petition every parliament argues the grant to be but temporary , during only the present parliament ; and that they have been accustomed , when they have been accustomably sued , or petitioned for . i will close this point with the judgment of king iames , who in his declaration touching his proceedings in parliament . resolves , that most privileges of parliament grew from precedents which rather shew a toleration than an inheritance ; therefore he could not allow of the style , calling i●… their ancient and undoubted right and inheritance , but could rather have wished that they had said , their privileges were derived from the grace and permission of his ancestors and him : and thereupon he concludes , he cannot with patience endure his subjects to use su●… antimonarchicall words concerning their liberties , except they had subjoyned , that they were granted unto them by the grace and favour●… of his predecessors : yet he promiseth to be careful of whatsoever privileges they enjoy by long custom and uncontrolled and lawful precedents . observations upon aristotle's politiques , touching forms of government . together with directions for obedience to governours in dangerous and doubtful times . the preface . in every alteration of government there is something new , which none can either divine , or iudge of , till time hath tried it : we read of many several wayes of government ; but they have all , or most of them , been of particular cities , with none , or very small territories at first belonging to them . at this present the government of the low-countries , and of swisserland , are not appropriated either of them to any one city , for they are compounded of several petty principalities , which have special and different laws and privileges each of them ; insomuch that the united provinces , and united cantons are but confederacies and leaguers , and not two entire commonweals ; associates onely for mutual defence . nay , the cantons of swisserland are not only several republicks , but reputed to have different forms of commonweals ; some being said to be aristocratically governed , and others democratically ▪ as the mountaineers : and some of the cantons are papists , and some protestants , and some mixt of both : we do not find that any large or great dominion or kingdom united in one government , and under the same laws , was ever reduced at once to any kind of popular government , and not confined to the subjection of one city : this being a thing not yet done , requires the abler men to settle such a peaceable government as is to be desired : there being no precedent in the case ; all that can be done in it , is , at first to enquire into such other governments , as have been existent in the world. as a preface to such an enquiry , the sacred scripture ( if it be but for the antiquity of it ) would be consulted ; and then aristotle , the grand master of politiques ; and after him the greek and latin historians that lived in popular times , would be diligently examined . to excite others of greater abilities to an exacter disquisition , i presume to offer a taste of some doctrines of aristotle , which are usher'd in with a briefer touch of the holy scriptures . it is not probable , that any sure direction of the beginning of government , can be found either in plato , aristotle , cicero , polybius , or in any other of the heathen authors , who were ignorant of the manner of the creation of the world : we must not neglect the scriptures , and search in philosophers for the grounds of dominion and property , which are the main principles of government and iustice. the first government in the world was monarchical , in the father of all flesh. adam being commanded to multiply , and people the earth , and to subdue it , and having dominion given him over all creatures , was thereby the monarch of the whole world ; none of his posterity had any right to possess any thing , but by his grant or permission , or by succession from him : the earth ( saith the psalmist ) hath he given to the children of men : which shews , the title comes from fatherhood . there never was any such thing as an independent multitude , who at first had a natural right to a community : this is but a fiction , or fancy of too many in these dayes , who please themselves in running after the opinions of philosophers and poets , to find out such an original of government , as might promise them some title to liberty , to the great scandal of christianity , and bringing in of atheism , since a natural freedom of mankind cannot be supposed without the denial of the creation of adam . and yet this conceit of original freedom is the only ground upon which not only the heathen philosophers , but also the authors of the principles of the civil law ; and grotius , selden , hobs , ash●…am , and others raise , and build their doctrines of government , and of the sever●… sorts or kinds , as they call them , of common-wealths . adam was the father , king , and lord over his family : a son , a subject , and a servant or a slave , were one and the same thing at first ; the father had power to dispose , ●… sell his children or servants , whence we find , that at the first reckoning up of goods i●… scripture , the man-servant , and the maid-servant are numbred among the possessions and substance of the owner , as other goods wor●… ▪ as for the names of subject , slave , and tyrant , they are not found in scripture , but what we now call a subject or a slave , is then named no other than a servant : i cannot learn that either the hebrew , greek or latin have any proper and original word for a tyrant or a slave , it seems these are names of later invention , and taken up in disgrace of monarchical government . i cannot find any one place , or text in the bible , where any power or commission is given to a people either to govern themselves , o●… to choose themselves governours , or to alter the manner of government at their pleasure ▪ the power of government is settled and fixed by the commandement of honour thy father ; if there were a higher power than the fatherly , then this commandement could not stand , and be observed : whereas we read in scripture , of some actions of the people in setting up of kings , further than to a naked declaration by a part of the people of their obedience , such actions could not amount , since we find no commission they have , to bestow any right ; a true representation of the people to be made , is as impossible , as for the whole people to govern ; the names of an aristocracy , a democracy , a commonweal , a state , or any other of like signification , are not to be met either in the law or gospel . that there is a ground in nature for monarchy , aristotle himself affirmeth , saying , the first kings were fathers of families ; as for any ground of any other form of government , there hath been none yet alleged , but a supposed natural freedom of mankind ; the proof whereof i find none do undertake , but only beg it to be granted : we find the government of gods own people varied under the several titles of patriarchs ▪ captains , iudges , and kings ; but in all these the supreme power rested still in one person onely : we no where find any supreme power given to the people , or to a multitude in scripture , or ever exercised by them . the people were never the lords ●…nointed , nor called gods , nor crowned , nor ●…d the title of nursing-fathers , gen. . . the supreme power being an indivisible beam of majesty , cannot be divided among , or settled upon a multitude . god would have it fixed in one person , not sometimes in one part of the people , and sometimes in another ; and sometimes , and that for the most part , no where as when the assembly is dissolved , it must rest in the air , or in the walls of the chamber when they were assembled . if there were any thing like a popular government among gods people , it was about the time of the judges , when there was no king in israel ; for they had then some small show of government , such as it was , but it was so poor and beggarly , that the scripture brands it with this note , that every man did what was right in his own eyes , because there was no king in israel ; it is not said , because there was no government , but because there was no king ▪ it seems no government , but the government of a king , in the judgment of the scriptures could restrain men from doing what they listed ▪ where every man doth what he pleaseth , it may be truly said , there is no government ; for the end of government is , that every man should not do what he pleased , or be his own iudge in his own case ; for the scripture to say the●… was no king , is to say there was no form o●… government in israel . and what the old testament teacheth us , we have confirmed in the new : if saint paul had onely said ▪ let every soul be subject to the higher powers , and said no more : then men might have disputed , whether saint paul , by higher powers , had not meant as well other governours as kings ; or other forms of government , as monarchy ; but the good luck is , saint paul hath been his own interpreter or comment : for , after the general doctrine of obedience to be given by all men to the higher powers , he proceeds next to charge it home , and lay it to the conscience under pain of damnation , and applies it to each particular mans conscience ; saying , wilt thou not be afraid of the power ? which power he expounds in the singular number , restraining it to one person , saying , he is the minister of god to thee ; it is not , they are the ministers to thee ; and then again , he beareth not the sword in vain ; and then a third time in the same verse , lest thou should'st forget it , he saith , for he is the minister of god , a revenger to wrath &c. upon thee : if saint paul had said , they are the ministers of god , or they bear not the sword in vain , it might be doubted , whether [ they ] were meant of kings onely , or of other governours also ; but this scruple is taken away by the apostle himself . and as st. paul hath expounded what he means by higher powers , so st. peter also doth the like : for the self-same word that st. paul useth for higher , in saint peter is translated supreme ; so that though in our english bibles the words differ , yet in the original they are both the same ; so that st. paul might have been englished , let every soul be subject to the supreme power ; or st. peter might have been translated , whether to the king as to the higher ; yet there is this difference , that whereas st. paul useth the word in the plural number , st. peter hath it in the singular , and with application to the king. it will be said , though st. peter make the king supreme , yet he tells us the king is a humane ordinance , or a creature of the people's . but it is answered , kings may be called an humane ordinance , for being made of one of the people , and not by the people ; and so are humane in regard of their material cause , not of their efficient . if st. peter had meant that kings had been made by the people , he must also have meant that governours had been made by the people , for he calls the governours as well an ordinance of man , as the king ; for his woods are , submit your selves to every ordinance of man for the lord's sake , whether it be to the king as supreme or whether it be to governours : but saint peter sheweth , that governours are not made by the people ; for he saith , they that are sent by him ( not by them ) for the punishment of evil doers : so that the governours are sent by the king , and not by the people : some would have sent by him , to be sent by god ; but the relative must be referr'd to the next antecedent , which is the king , and not god. besides , if governours be sent by god , and kings by the people , then governours would be supreme , which is contrary to saint peter's doctrine ; and it will follow , that the people have not the power of choosing representers to govern , if governours must be sent of god. the safest sense of saint peter's words is , submit your selves to all humane laws , whether made by the king , or by his subordinate governours . so the king may be called a humane ordinance , as being all one with a speaking law : the word in the original is , be subject to every humane creation ; it is more proper to call a law made by a king a creation of an ordinance , than the peoples choosing or declaring of a king , a creation of him . but take the words in what sense soever you will , it is most evident , that saint peter in this place , takes no notice of any government or governours , but of a king , and governours sent by him , but not by the people . and ●…t is to be noted , that st. peter and st. paul , ●…he two chief of the apostles , wrote their epistles at such a time , when the name of a popular government , or of the people of rome was at least so much in shew and in name , that many do believe , that notwithstanding the emperours by strong hand usurped a military power ; yet the government was for a long time in most things then in the senate and people of rome ; but for all this , neither of the two apostles take any notice of any such popular government ; no , nor our saviour himself , who divides all between god and caesar , and allows nothing that we can find for the people . observations upon aristotles politiques , touching forms of government ▪ what cannot be found in scripture , many do look for in aristotle ; for if there be any other form of government besides monarchy , he is the man best able ●…o tell what it is , and to let us know by what name ●…o call it , since the greek tongue is most happy in ●…ompounding names , most significant to express the nature of most things : the usual terms in this age of aristocraty and democraty are taken up from him ●…o express forms of government most different from monarchy : we must therefore make inquiry into aristotle touching these two terms . true it is , aristotle seems to make three sorts of government , which he di●…inguisheth by * the sove●…ignty of one man , or of a ●…w , or of many , for the ●…ommon good. these ( he saith ) are rig●… or perfect governments , 〈◊〉 those that are for the priva●… good of one , or of a few , 〈◊〉 of a multitude , are transgressions . the government of a monarchy for the common good , he calls a kingdom . the government of a few more than one , an aristocratie ; either bee●… the best men govern , or because it is for the best of 〈◊〉 governed : when a multitude governs for the com●… good , it is called by the common name of all governments , a politie . it is possible that one 〈◊〉 few may excell in vertue , but it is difficult for many excell in all vertue , except in warlike affairs , for 〈◊〉 is natural in a multitude ; therefore , in this sort of government their principal use is to war one for another and to possess the arms or ammunition . the transg●…sions of government before spoken of , are these : ●…ranny is the transgression of the kingdom ; and d●…mocratie is the transgression of the politie . for ty●… is a monarchy for the benefit of the monarch , the olig●…chy , for the profit of the rich ; the democratie for the ●…nefit of the poor . none of these are for the com●… good. here aristotle , if he had stood to his own prin●…ples , should have said an oligarchy should be for 〈◊〉 benefit of a few , and those the best ; and not for the 〈◊〉 of the rich : and a democratie for the benefit of 〈◊〉 and not of the poor only ; for so the opposition ●…eth ; but then aristotle saw his democratie wou●… prove to be no transgression , but a perfect politie , 〈◊〉 his oligarchy would not be for the benefit of a few , and those the best men ; for they cannot be the best men , that seek onely their private profit . in this chapter , the mind of aristotle about the several kinds of government , is clearliest delivered , as being the foundation of all his books of politiques , it is the more necessary to make a curious observation of these his doctrines . in the first place , he acknowledgeth the government of one man , or of a monarchy , and that is a perfect form of government . concerning monarchy , aristotle teacheth us the beginning of it ; for , saith he , the * first society made of many houses is a colony , which seems most naturally to be a colony of families , or foster-bretheren of children and childrens children . and therefore at the beginning cities were , and now nations , under the government of kings ; the eldest in every house is king ; and so for kindred sake it is in colonies . thus he deduced the original of government from the power of the fatherhood , not from the election of the people . this it seems he learnt of his master plato , who in his third book of laws affirms , that the true and first reason of authority is , that the father and mother , and simply those that beget and ingender , do command and rule over all their children . aristotle also tells us from homer , a that every man gives laws to his wife and children . in the fourth book of his politiques , cap. . he gives to monarchy the title of the b first and divinest sort of government , defining tyranny to be a transgression from the first , and divinest . again , aristotle in the eighth book of his ethicks , in the chapter , saith , that of c the right kinds of government , a monarchy was the best , and a popular estate the worst . lastly , in the third book of his politiques , and the sixteenth chapter concerning monarchy , he saith , that d a perfect kingdom is that wherein the king rules all things according to his own will ; for he that is called a king according to the law makes no kind of government . secondly , he saith there is a government of a few men , but doth not tell us how many those few men may , or must be ; only he saith they must be more than one man , but how many , that he leaves uncertain . this perfect government of a few , any man would think aristotle should have called an oligarchy , for that this word properly signifies so much ; but in stead of the government of a few , aristotle gives it a quite other name , and terms it an aristocraty , which signifies the power of the best ; the reason why it is called an aristocraty , saith aristotle , is for that there the best men govern , or ( because that is not always true ) for that it is for the best of the governed ; by this latter reason any government , and most especially a monarchy , may be called an aristocraty , because the end of monarchy is for the best of the governed , as well as the end of an aristocraty ; so that of these two reasons for calling the government of a few an aristocratie , the first is seldome true ; and the latter is never sufficient to frame a distinction . this aristotle himself confesseth in his next chapter , saying a that the causes aforesaid do not make a difference , and that it is poverty and riches , and not few , and many , that makes the difference between an oligarchy , and democraty ; there must be an oligarchy where rich men rule , whether they be few or many : and wheresoever the poor have the sovereignty , there must be a democraty . now if aristotle will allow riches and poverty to make a difference between an oligarchy and a democrat●… : these two must likewise make the difference between an aristocraty and a polity : for the only difference aristotle makes between them is , in their ends , and not in their matter ; for the same few men may make an aristocraty , if their end be the common good ; and they may be an oligarchy , if they aim only at their private benefit . thus is aristotle distracted and perplexed how to distinguish his aristocratie , whether by the smallness of their number , or by the greatness of their estates . nay if we look into aristotles rhetoriques , we shall find a new conceit , not only about aristocratie , but also about the sorts of government : for whereas he has taught us in his politiques , that there be three sorts of right or perfect government , and as many sorts of wrong , which he calls transgressions or corruptions , he comes in his rhetoriques , and teacheth us that there be four sorts of government . a a democratie , when magistracies are distributed by lots . . in an oligarchy by their wealth . . in an aristocratie by their instructions in the law. it is necessary for these to appear the best from whence they have their name . . b a monarchy according to the name , wherein one i●… lord over all . here we see aristocratie is not distinguished by smallness of number , nor by riches , but by skill in the laws ; for he saith those that are instructed in the laws govern in an aristocratie : 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . a point 〈◊〉 dreamt of in his politiques ; by which it seems aristotle himself did not know well what he would ha●… to be an aristocratie . and as he cannot teach us truly what an aristocratie is , so he is to seek to tells us where any aristocratie ever was ; even himself seems to doubt , whether there be any such form of government , where he saith in his third book of politiques , cap. . a it is impossible for any mechanical man to be a citizen in an aristocratie , if there be any such government as they call aristocratical . his [ if ] makes him seem to doubt of it ; yet i find him affirm that the commonwealth of carthage was aristocratical ; he doth not say it was an aristocratie , for he confesseth it had many of the transgressions which other commonwealths had , and did incline either to a democratie or an oligarchy . b the government of carthage did transgress from an aristocratie to an oligarchy . and he concludes , that if by misfortune there should happen any discord among the carthaginians themselves , there would be no medicine by law found out to give it rest ; wherein me-thinks aristotle was a kind of prophet , for the discords between the citizens of carthage , were the main cause that hannibal lost not only italy , but carthage it self . by these few collections we may find how uncertain aristotle is in determining what an aristocratie is , or where or when any such government was ; it may justly be doubted whether there ever was , or can be any such government . let us pass from his aristocraty , to his third sort of perfect or right government ; for which he finds no particular name , but only the common name of all government , politia : it seems the greeks were wonderfully to seek , that they of all men should not be able to compound a name for such a perfect form of government ; unless we should believe that they esteemed this kind of commonwealth so superlatively excellent , as to be called , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , the government of all governments , or polity of polities . but howsoever aristotle in his books of politiques vouchsafe us not a name , yet in his books of ethiques he affirmeth it may very properly be called a a timocratical government , where magistrates are chosen by their wealth : but why aristotle should give it such a name i can find no reason ; for a polity by his doctrine is the government of many , or of a multitude , and the multitude he will have to be the poorer sort , insomuch that except they be poor , he will not allow it to be the government of a multitude , though they be never so many ; for he makes poverty the truest note of a popular estate ; and as if to be poor and to be free were all one , he makes liberty likewise to be a mark of a popular estate ; for in his th book , and th chapter , he resolves , that b a popular state is where free men governe , and an oligarchy where rich men rule ; as if rich men could not be free men : now how magistrates should be chosen for their wealth , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , among all poor men is to me a riddle . here i cannot but wonder why all our modern politicians , who pretend themselves aristotelians , should forsake their great master , and account a democraty a right or perfect form of government , when aristotle brands it for a transgression , or a depraved , or corrupted manner of government . they had done better to have followed aristotle , who ( though other grecians could not , yet he ) could find out the name of a timocraty for a right popular government : but , it may be , our politicians forbear to use the word timocraty , because he affords an ill character of it , saying , that of all the right kinds of government a monarchy was the best , and a timocraty the worst ; 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . yet afterwards aristotle in the same chapter makes amends for it , in saying , a democraty is the least vicious , because it doth but a little transgress from a timocraty . but not to insist longer on the name of this nameless form of government , let inquiry be made into the thing it self , that we may know what aristotle saith is the government of many , or of a multitude , for the common good. this many , or multitude is not the whole people , nor the major part of the people , or any chosen by the people to be their representors . no , aristotle never saith , or meaneth any such thing ; for he tells us a the best city doth not make any artificer , or handicrafts-man a citizen . and if these be excluded out of the number of citizens , there will be but a few left in every city to make his timocratical government , since artificers or mercenary men make far the greatest part of a city ; or to say a a city is a community of free men , and yet to exclude the greatest part of the inhabitants from being citizens , is but a mockery of freedom ; for any man would think that a city being a society of men assembled to the end to live well , that such men without whom a city cannot subsist , and who perform necessary works , and minister to all in publick , should not be barred from being citizens , yet says aristotle , b all those are not to be deemed citizens without whom a city cannot subsist , except they abstain from necessary works ; for he resolves it c impossible for him to exercise the work of vertue , that useth a mechanical or mercenary trade . and he makes it one of his conclusions , that d in ancient times among some men , no publick workman did partake of the government , untill the worst of democraties were brought in . again aristotle will have his best popular government consist of free men , and accounts the poorer sort of people to be free men ; how then will he exclude poor artificers , who work for the publick , from participating of the government ? further it is observable in aristotle , that , quite contrary to the signification of the greek names , the government of a multitude may be termed an oligarchy if they be rich , and the rule of a few a democratie if they be poor and free . after much incertainty of the nature of this politique government , which wants a name ; aristotle at last resolves that this general commonweal or politia is compounded of a democratie and oligarchy ; for , a to speak plainly , a polity is a mixture of a democratie and an oligarchy . that is , one perfect form is made of two imperfect ones ; this is rather a confounding than compounding of government , to patch it up of two corrupt ones , by appointing an oligarchical penalty for the rich magistrates that are chosen by election , and a democratical fee for the poor magistrates that are chosen by lot. lastly it is to be noted , that aristotle doth not offer to name any one city or commonweal in the world , where ever there was any such government as he calls a politie : for him to reckon it for a perfect form of government , and of such excellency as to carry the name from all other , and yet never to have been extant in the world , may seem a wonder ; and a man may be excused for doubting , or for denying any such form to be possible in nature , if it cannot be made manifest what it is , nor when , nor where it ever was . in conclusion , since aristotle reckons but three kinds of perfect government , which are , first , a monarchy of one ; secondly , an aristocraty of a few ; thirdly , a polity of a multitude ; and if these two latter cannot be made good by him : there will remain but one right form of government only , which is monarchy : and it seems to me , that aristotle in 〈◊〉 manner doth confess as much , where he informs us a th●… the first commonweal amo●… the grecians , after kingdom ▪ was made of those that wages war : meaning that the grecians , when they left to be governed by kings , fell to be governed by an army : the●… monarchy was changed into a stratocraty , and not into an aristocraty or democraty : for if unity in government , which is only found in monarchy , be once broken , there is no stay or bound , untill it come to a constant standing army ; for the people or multitude , as aristotle teacheth us , can excell in no ver●… but military , and that that is natural to them , and therefore in a popular estate ▪ b the sovereign power is i●… the sword , and those that a●… possessed of the arms. so that any nation or kingdom that is not charged with the keeping of a king , must perpetually be at the charge of paying and keeping of an army . these brief observations upon aristotle's perfect forms of government , may direct what to judge of those corrupted or imperfect forms which he mentions ; for rectum est index sui & obloqui , and he reckons them to be all one in matter and form , and to differ only in their end : the end of the perfect forms being for the good of the governed ; and of the imperfect , for the benefit only of the governours . now since aristotle could not tell how to define or describe his right or perfect forms of government , it cannot be expected he can satisfie us concerning those he calls imperfect : yet he labours and bestirrs himself mainly in the business , though to little purpose ; for howsoever the title of his book be 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , of politiques , and that he mentions 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 for a special form of government , which hath the common name of a policy : yet when he comes to dispute in particular of government , he argues only about democracies and oligarchies , and therein he is copious , because only those which he calls corrupt forms of governments were common in greece in his dayes . as for an aristocracy , or a policy which he mentions , they are only speculative notions , or airy names , invented to delude the world , and to perswade the people , that under those quaint terms , there might be found some subtile government , which might at least equal , if not excell monarchy : and the inventers of those fine names were all but rebels to monarchy , by aristotles confession , where he saith , the first commonweals of greece after kings were left , were made of those that waged war. l. . c. . as aristotle is irresolute to determine what are ●…uly perfect aristocracies and policies , so he is to seek in describing his imperfect forms of government , as well oligarchies as democracies , and therefore he is driven to invent several forts of them , and to confound himself with subdivisions : we will alledge some of his words . the cause why there be many kinds of commonweals is , for that there are many parts of every city . sometimes all these parts are in a commonweal , sometimes more of them , sometimes fewer : whence it is manifest , that there are many commonweals differing from each other in kind ▪ because the parts of them differ after the same manner . for a commonweal is the order of magistrates distributed , either according to the power of them that an●… partakers of it , or according to some other common equality belonging to poor and rich , or some other thing common to both . it is therefore necessary , that then be so many commonweals as there are orders , according to the excellencies and differences of parts . but it seemeth principally there are but two chief kinds of commonweals ; the democracy and the oligarchy ▪ for they make the aristocracy a branch of oligarchy , as if it were a kind of oligarchy ; and that other which is properly a policy , to be a branch of democracy . so they are wont to esteem of commonweales , but it is both truer and better ; that there being two right forms , or one , that all the other be transgressions . here we find aristotle of several minds , sometimes he is for many commonweales , sometimes for two , or sometimes for one . as for his many commonweals , if he allow them according to the several parts of a city , he may as well make three thousand kinds of commonweals , as three : if two artificers and three souldiers should govern , that should be one kind of commonweal : if four husbandmen , and five merchants , that would be a second sort ; or six taylors , and ten carpenters , a third sort , or a dozen saylors , and a dozen porters , a fourth ; and so in infinitum , for aristotle is not resolved how many parts to make of a city , or how many combinations of those parts ; and therefore in his reckoning of them , he differs from himself , sometimes makes more , sometimes fewer parts : and oft concluding at the end of his accompt with et caetera's : and confessing that one and the same man may act several parts ; as he that is a souldier , may be a a husbandman & an artificer : and in his fourth book and fourth chapter , he seems to reckon up eight parts of a city , but in the tale of them , he misses or forgets the sixth . . he names the plowman . . the artificer . . the tradesman , or merchant . . the mercenary hireling . . the souldier , ( here aristotle falls foul upon plato , for making but four parts of a city . . the weaver . . the plowman . . the taylor . . the carpenter . afterwards , as if these were not sufficient , he addeth the smith , and the freeder of necessary cattle , the merchant , and the ingrosser or retayler ) whilest aristotle was busie in this reprehension of plato , he forgets himself , and skips over his sixth part of a city , and names the . rich men , . the magistrates . in the same chapter , he offers at another division of the parts of a city or commonweal , first dividing it into a populacy , and nobility . the people he divides first into husbandmen . . into artificers . . into merchants , or those that use buying or selling. . into those that frequent the seas , of whom some follow the war , others seek for gain , some are carriers or transporters , others fishermen . . handicraftsmen that possess so little goods , that they cannot be idle . . those that are not free on both sides , and any other such like multitude of people . the kinds of noblemen are distinguished by riches , by lineage , by vertue , by learning , and other such like things . that there may be more parts of a commonweal than are here numbred , aristotle confesseth or supposeth ; and of a multitude of parts , and of a multitude of mixtures of such parts may be made 〈◊〉 world of forms of oligarchies and democraties . this confusion of the parts and kinds of commonweals drove aristotle rather to rest upon the division of rich and poor , for the main parts of 〈◊〉 commonweal , than any other . the distinction of a few and of a multitude , or the whole people ▪ might seem more proper to distinguish between an oligarchy and a democraty ; but the truth is , aristotle looking upon the cities of greece , and finding that in every of them , even in athens it self , there were many of the people that were not allowed to be citizens , and to participate in the government , and that many times he was a citizen in one sort of government , who was not a citizen in another , and that citizens differed according to every commonweal ; he considered that if he should place 〈◊〉 right in the whole people , either to govern , or to chuse their form of government , or the parties that should govern : he should hereby condemn the government of all the cities in greece , and especially of aristocraty , which , as he saith , allows 〈◊〉 artificer to be a citizen ; and besides , he should thereby confute a main principle of his own politiques , which is , that some men are born slaves by nature ▪ which quite contradicts the position , that all me●… are born equal and free ; and therefore aristotle thought it fitter to allow all imaginable forms of government , that so he might not disparage any one city , than to propound such a form as might condemn and destroy all the rest . though aristotle allow so many several forms of corrupted governments ; yet he insists upon no one form of all those that he can define or describe , in such sort , that he is able to say that any one city in all greece was governed just according to such a form ; his diligence is only to make as many forms as the giddy or inconstant humour of a city could happen upon ; he freely gives the people liberty to invent as many kinds of government as they please , provided he may have liberty to find fault with every one of them ; it proved an easier work for him to find fault with every form , then to tell how to amend any one of them ; he found so many imperfections in all sorts of commonweals , that he could not hold from reproving them before ever he tells us what a commonweal is , or how many sorts there are ; and to this purpose he spends his whole second book in setting out , and correcting the chief commonweals of greece , and among others the lacedemonian , the cretan , and carthaginian commonweals ; which three he esteems to be much alike , and better than any other , yet he spares not to lay open their imperfections , and doth the like to the athenian ; wherein he breaks the rule of method , by delivering the faults of commonweals , before he teach us what a commonweal is ; for in his first book , he speaks only of the parts of which a city , or a commonweal is made , but tells ●…s not what a city or commonweal is , untill he ●…ome to his third book , and there in handling the sorts of government , he observes no method at all but in a disorderly way , flies backward and forward from one sort to another : and howsoever there may be observed in him many rules of policy touching government in general , yet without doubt where he comes to discourse of particular forms , he is full of contradiction , or confusion , or both : it is true he is brief and difficult , the best right a man ca●… do him , is to confess he understands him not ; ye●… a diligent reader may readily discern so many irregularities and breaches in aristotle's books of politiques , as tend to such distraction or confusion , th●… none of our new politicians can make advantage of his principles , for the confirmation of an original power by nature in the people , which is the only theme now in fashion : for aristotle's discourse is of such commonweals as were founded by particular persons , as the chaleedonian by phaleas , the milesian by hippodamas , the lacedemonian by lyeu●…gus , the cretan by minos , the athenian by solon , and the like : but the natural right of the people to found , or elect their kind of government is not once disputed by him : it seems the underived majesty of the people , was such a metaphysical piece o●… speculation as our grand philosopher was not acquainted with ; he speaks very contemptuously 〈◊〉 the multitude in several places , he affirms that the people are base or wicked iudges in their own cases 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . and that many of them differ nothing from beast 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ; and again 〈◊〉 saith , the common people or freemen 〈◊〉 such as are neither rich , nor in reputation for vertu●… and it is not safe to commit to them great government●… for , by reason of their injustice and unskilfulness , they would do much injustice , and commit many errours ; and it is pleasanter to the multitude to live disorderly , than soberly , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . if aristotle had believed a publick interest to have been in the people , to the enabling them to be their own carvers in point of government , he would never have entangled himself with such intricate and ambiguous forms of commonweals , as himself cannot tell how to explain , nor any of his commentators how to understand , or make use of . this one benefit i have found by reading aristotle , that his books of politiques serve for an admirable commentary upon that text of scripture , which saith , in those dayes there was no king in israel ; every man did that which was right in his own eyes . for he grants a liberty in every city , for any man , or multitude of men , either by cunning , or force , to set up what government they please ; and he will allow some name or other of a commonweal , which in effect is to allow every man to do what he lists , if he be able ; hence it is , that by the confession of aristotle , the first commonweals in greece , after kings were given over , were made of those that waged war ; those several kinds of commonweals , were all summed up into the government of an army ; for ( a ) it is , saith aristotle , in their power , who manage arms to continue , or not continue the form of government , whereby the estate is governed , which is nothing else but a stratocratie , or military government . we cannot much blame aristotle for the incertainty , and contrariety in him about the sorts of government , if we consider him as a heathen ; for it is not possible for the wit of man to search out the first grounds or principles of government , ( which necessarily depend upon the original of property ) except he know that at the creation one man alone was made , to whom the dominion of all things was given , and from whom all men derive their title . this point can be learnt only from the scriptures : as for the imaginary contract of people , it is a fancy not improbable only , but impossible , except a multitude of men at first had sprung out , and were engendred of the earth , which aristotle knows not whether he may believe , or no : if justice ( which is to give every man his due ) be the end of government , there must necessarily be a rule to know how any man at first came to have a right to any thing to have it truly called his . this is a point aristotle disputes not ; nor so much as ever dreamt of an original contract among people : he looked no farther in every city , than to a scambling among the citizens , whereby every one snatcht what he could get : so that a violent possession was the first , and best title that he knew . the main distinction of aristotle touching perfect or right forms of government from those that are imperfect or corrupt , consists solely in this point , that where the profit of the governed is respected , there is a right government , but where the profit of the governours is regarded , there is a corruption or transgression of government . by this it is supposed by aristotle , that there may be a government only for the benefit of the governours ; this supposition to be false , may be proved from aristotle himself ; i will instance about the point of tyranny . tyranny , saith aristotle , a is a despotical or masterly monarchy ; now he confesseth , that b in truth the masterly government is profitable both to the servant by nature , and the master by nature , and he yields a solid reason for it , saying , c it is not possible , if the servant be destroyed , that the mastership can be saved ; whence it may be inferred , that if the masterly government of tyrants cannot be safe without the preservation of them whom they govern , it will follow that a tyrant cannot govern for his own profit only : and thus his main definition of tyranny fails , as being grounded upon an impossible supposition by his own confession . no example can be shewed of any such government that ever was in the world , as aristotle describes a tyranny to be ; for under the worst of kings , though many particular men have unjustly suffered , yet the multitude , or the people in general have found benefit and profit by the government . it being apparent that the different kinds of government in aristotle , arise onely from the difference of the number of governours , whether one , a few , or many : there may be as many several forms of governments as there be several numbers , which are infinite ; so that not onely the several parts of a city or commonweal , but also the several numbers of such parts may cause multiplicity of forms of government by aristotle's principles . it is further observable in assemblies , that it is not the whole assembly , but the major part onely of the assembly that hath the government ; for that which pleaseth the most , is alwayes ratified , saith aristotle , lib. . c. . by this means one and the same assembly may make , at one sitting , several forms of commonweals , for in several debates and votes the same number of men , or all the self-same men do not ordinarily agree in their votes ; and the least disagreement , either in the persons of the men , or in their number , alters the form of government . thus in a commonweal , one part of the publick affairs shall be ordered by one form of government , and another part by another form , and a third part by a third form , and so in infinitum . how can that have the denomination of a form of government , which lasts but for a moment onely , about one fraction of business ? for in the very instant , as it were in the twinkling of an eye , while their vote lasteth , the government must begin and end . to be governed , is nothing else but to be obedient and subject to the will or command of another ; it is the will in a man that governs ; ordinarily mens wills are divided according to their several ends or interests ; which most times are different , and many times contrary the one to the other , and in such cases where the wills of the major part of the assembly do unite and agree in one will , there is a monarchy of many wills in one , though it be called an aristocracy or democracy , in regard of the several persons ; it is not the many bodies , but the one will or soul of the multitude that governs . a where one is set up out of many , the people becometh a monarch , because many are lords , not separately , but altogether as one ; therefore such a people as if it were a monarch , seeks to bear rule alone l. . c. . it is a false and improper speech to say that a whole multitude , senate , councel , or any multitude whatsoever doth govern where the major part only rules ; because many of the multitude that are so assembled , are so far from having any part in the government , that they themselves are governed against and contrary to their wills ; there being in all government various and different debates and consultations , it comes to pass oft-times , that the major part in every assembly , differs according to the several humours or fancies of men ; those who agree in one mind , in one point , are of different opinions in another ; every change of business , or new matter begets a new major part , and is a change both of the government and governours ; the difference in the number , or in the qualities of the persons that govern , is the only thing that causes different governments , according to aristotle , who divides his kinds of government to the number of one , a few , or many . as amongst the romans their tribunitial laws had several titles , according to the names of those tribunes of the people , that preferr'd and made them . so in other governments , the body of their acts and ordinances , is composed of a multitude of momentary monarchs , who by the strength and power of their parties or factions are still under a kind of a civil war , fighting and scratching for the legislative miscellany , or medly of several governments . if we consider each government according to the nobler part of which it is composed , it is nothing else but a monarchy of monothelites , or of many men of one will , most commonly in one point only : but if we regard only the baser part , or bodies of such persons as govern , there is an interrupted succession of a multitude of short-lived governments , with as many intervalls of anarchy ; so that no man can say at any time , that he is under any form of government ; for in a shorter time than the word can be spoken , every government is begun and ended . furthermore in all assemblies , of what quality soever they be , whether aristocratical or democratical , as they call them , they all agree in this one point , to give that honourable regard to monarchy , that they do interpret the major , or prevailing part in every assembly to be but as one man , and so do feign to themselves a kind of monarchy . though there be neither precept nor practice in scripture , nor yet any reason alledged by aristotle for any form of government , but only monarchy ; yet it is said that it is evident to common sense , that of old time rome , and in this present age venice , and the low-countries , enjoy a form of government different from monarchy : hereunto it may be answered , that a people may live together in society , and help one another ; and yet not be under any form of government ; as we see herds of cattel do , and yet we may not say they live under government . for government is not a society only to live , but to live well and vertuously . this is acknowledged by aristotle , who teacheth that a the end of a city , is to live blessedly and honestly . political communities are ordained for honest actions , but not for living together only . now there be two things principally required to a blessed and honest life : religion towards god , and peace towards men : that is , a quiet and peaceable life in all godliness and honesty , tim. . . here then will be the question , whether godliness and peace can be found under any government but monarchy , or whether rome , venice , or the low-countries did enjoy these under any popular government . in these two points , let us first briefly examine the roman government , which is thought to have been the most glorious . for religion , we find presently after the building of the city by romulus , the next king , numa , most devoutly established a religion , and began his kingdom with the service of the gods ; he forbad the romans to make any images of god , which law lasted and was observed years , there being in all that time no image or picture of god , in any temple or chappel of rome ; also he erected the pontifical colledge , and was himself the first bishop or pontifex ; these bishops were to render no account either to the senate or commonalty . they determined all questions concerning religion , as well between priests as between private men : they punished inferiour priests , if they either added or detracted from the established rites , or ceremonies , or brought in any new thing into religion . the chief bishop , pontif●… maximus , taught every man how to honour and serve the gods. this care had monarchy of religion . but after the expulsion of kings , we do not find during the power of the people , any one law made for the benefit or exercise of religion : there be two tribunitian laws concerning religion , but they are meerly for the benefit of the power of the people , and not of religion . l. papirius , a tribune , made a law called lex papiria , that it should not be lawful for any to consecrate either houses , grounds , altars , or any other things without the determinatin of the people . domitius aenobarbus another tribune enacted a law called domitia lex , that the pontifical colledge should not , as they were wont , admit whom they would into the order of priesthood , but it should be in the power of the people ; and because it was contrary to their religion , that church-dignities should be bestowed by the common people ; hence for very shame he ordained , that the lesser part of the people , namely seventeen tribes should elect whom they thought fit , and afterwards the party elected should have his confirmation or admission from the colledge : thus by a committee of seven tribes taken out of thirty five , the ancient form of religion was alter'd and reduced to the power of the lesser part of the people . this was the great care of the people to bring ordination and consecration to the laity . the religion in venice , and the low-countries is sufficiently known , much need not be said of them : they admirably agree under a seeming contrariety ; it is commonly said , that one of them hath all religions , and the other no religion ; the atheist of venice may shake hands with the sectary of amsterdam . this is the liberty that a popular estate can brag of , every man may be of any religion , or no religion , if he please ; their main devotion is exercised only in opposing and suppressing monarchy . they both agree to exclude the clergy from medling in government , whereas in all monarchies both before the law of moses , and under it , and ever since : all barbarians , graecians , romans , infidels , turks , and indians , have with one consent given such respect and reverence to their priests , as to trust them with their laws ; and in this our nation , the first priests we read of before christianity , were the druides , who as caesar saith , decided and determined controversies , in murder , in case of inheritance , of bounds of lands , as they in their discretion judged meet ; they grant rewards and punishments . it is a wonder to see what high respect even the great turk giveth to his mufti , or chief bishop , so necessary is religion to strengthen and direct laws . to consider of the point of peace , it is well known , that no people ever enjoyed it without monarchy . aristotle saith , the lacedemonians preserved themselves by warring ; and after they had gotten to themselves the empire , then were they presently undone , for that they could not live at rest , nor do any better exercise , than the exercise of war , l. . c. . after rome had expelled kings , it was in perpetual war , till the time of the emperours : once only was the temple of ianus shut , after the end of the first punique war , but not so long as for one year , but for some moneths . it is true , as orosius saith , that for almost years , that is , from tullus hostilius 〈◊〉 augustus caesar , only for one summer , the bowels 〈◊〉 rome did not sweat blood. on the behalf of the romans it may be said , that though the bowels of rome did always sweat blood , yet they did obtain most glorious victories abroad . but it may be truly answered , if all the roman conquests had no other foundation but injustice ; this alone soils all the glory of her warlike actions . the most glorious war that ever rome had , was with carthag●… ; the beginning of which war , sir walter raleig●… proves to have been most unjustly undertaken by the romans , in confederating with the mamertines , and aiding of rebels , under the title of protecting their confederates ; whereas kings many times may have just cause of war , for recovering and preserving their rights to such dominions as fall to them by inheritance or marriage ; a popular estate , that can neither marry , nor be heir to another , can have no such title to a war in a foreign kingdom ; and to speak the truth , if it be rightly considered , the whole time of the popularity of rome , the romans were no other than the only prosperous and glorious thieves , and robbers of the world. if we look more narrowly into the roman government , it will appear , that in that very age , wherein rome was most victorious , and seemed to be most popular , she owed most of her glory to an apparent kind of monarchy . for it was the kingh●… power of the consuls , who ( as livy saith ) had the same royal iurisdiction , or absolute power that the kings had , not any whit diminished or abated , and held all the same regal ensignes of supreme dignity , which helpt rome to all her conquests : whiles the tribunes of the people were strugling at home with the senate about election of magistrates , enacting of laws , and calling to account , or such other popular affairs , the kingly consuls gained all the victories abroad : thus rome at one and the same time was broken and distracted into two shewes of government ; the popular , which served only to raise seditions and discords within the walls , whilest the regal atchieved the conquests of foreign nations and kingdomes . rome was so sensible of the benefit and necessity of monarchy , that in her most desperate condition and danger , when all other hopes failed her , she had still resort to the creation of a dictator , who for the time was an absolute king ; and from whom no appeal to the people was granted , which is the royallest evidence for monarchy in the world ; for they who were drawn to swear , they would suffer no king of rome , found no security but in perjury , and breaking their oath by admitting the kingly power in spight of their teeth , under a new name of a dictator or consul : a just reward for their wanton expelling their king for no other crime they could pretend but pride , which is most tolerable in a king of all men : and yet we find no particular point of pride charged upon him , but that he enjoyned the romans to labour in cleansing , and casting of ditches , and paving their sinks : an act both for the benefit and ornament of the city , and therefore commendable in the king : but the citizens of rome , who had been conquerours of all nations round about them , could not endure of warriers to become quarriers , and day-labourers . whereas it is said , that tarquin was expelled for the rape committed by his son on lucrece ; it is unjust to condemn the father for the crime of his son ; it had been fit to have petitioned the father for the punishment of the offender : the fact of young tarquin cannot be excused , yet without wrong to the reputation of so chaste a lady as lucrece is reputed to be , it may be said , she had a greater desire to be thought chaste , than to be chaste ; she might have died untouched , and unspotted in her body , if she had not been afraid to be slandered for inchastity ; both dionysius halicarnasseus , and livie , who both are her friends , so tell the tale of her , as if she had chosen rather to be a whore , than to be thought a whore. to say truth , we find no other cause of the expulsion of tarquin , than the wantonness , and licentiousness of the people of rome . this is further to be considered in the roman government , that all the time between their kings , and their emperours , there lasted a continued strife , between the nobility and commons , wherein by degrees the commons prevailed at last , so to weaken the authority of the consuls and senate , that even the last sparks of monarchy were in a manner extinguished , and then instantly began the civil war , which lasted till the regal power was quickly brought home , and setled in monarchy . so long as the power of the senate stood good for the election of consuls , the regal power was preserved in them , for the senate had their first institution from monarchy : it is worth the noting , that in all those places that have seemed to be most popular , that weak degree of government , that hath been exercised among them , hath been founded upon , and been beholden unto monarchical principles , both for the power of assembling , and manner of consulting : for the entire and gross body of any people , is such an unweildy and diffused thing as is not capable of uniting , or congregating , or deliberating in an entire lump , but in broken parts , which at first were regulated by monarchy . furthermore it is observable , that rome in her chief popularity , was oft beholden for her preservation to the monarchical power of the father over the children : by means of this fatherly power , saith bodin , the romans flourished in all honour and vertue , and oftentimes was their common-weal thereby delivered from most imminent destruction , when the fathers drew out of the consistory , their sons being tribunes publishing laws tending to sedition . amongst others cassius threw his son headlong out of the consistory , publishing the law agraria ( for the division of lands ) in the behoof of the people , and after by his own private judgment put him to death , the magistrates , serjeants , and people standing thereat astonied , and not daring to withstand his fatherly authority , although they would with all their power have had that law for division of lands ; which is sufficient proof , this power of the father not only to have been sacred and inviolable , but also to have been lawful for him , either by right or wrong to dispose of the life and death of his children , even contrary to the will of the magistrates and people . it is generally believed that the government of rome , after the expulsion of kings , was popular ; bodin endeavours to prove it , but i am not satisfied with his arguments , and though it will be thought a paradox , yet i must maintain , it was never truly popular . first it is difficult to agree , what a popular government is , aristotle saith it is where many or a multitude do rule ; he doth not say where the people , or the major part of the people , or the representors of the people govern . bodin affirms if all the people be interessed in the government , it is a popular estate , lib. . c. . but after in the same chapter he resolves , that it is a popular estate , when all the people , or the greater part thereof hath the sovereignty , and he puts the case that if there be threescore thousand citizens , and forty thousand of them have the sovereignty , and twenty thousand be excluded , it shall be called a popular estate : but i must tell him , though fifty nine thousand , nine hundred , ninety nine of them govern , yet it is no popular estate , for if but one man be excluded , the same reason that excludes that one man , may exclude many hundreds , and many thousands , yea , and the major part it self ; if it be admitted , that the people are or ever were free by nature , and not to be governed , but by their own consent , it is most unjust to exclude any one man from his right in government ; and to suppose the people so unnatural , as at the first to have all consented to give away their right to a major part , ( as if they had liberty given them only to give away , and not to use it themselves ) is not onely improbable , but impossible ; for the whole people is a thing so uncertain and changeable , that it alters every moment , so that it is necessary to ask of every infant so soon as it is born its consent to government , if you will ever have the consent of the whole people . moreover , if the arbitrary tryal by a jury of twelve men , be a thing of that admirable perfection and justice as is commonly believed , wherein the negative voice of every single person is preserved , so that the dissent of any of the twelve frustrates the whole judgment : how much more ought the natural freedom of each man be preserved , by allowing him his negative voice , which is but a continuing him in that estate , wherein , it is confessed , nature at first placed him ; justice requires that no one law should bind all , except all consent to it , there is nothing more violent and contrary to nature , than to allow a major part , or any other greater part less than the whole to bind all the people . the next difficulty to discovering what a popular estate is , is to find out where the supreme power in the roman government rested ; it is bodin's opinion , that in the roman state the government was in the magistrates , the authority and counsel in the senate , but the sovereign power and majesty in the people . lib. . c. . so in his first book his doctrine is , that the ancient romans said , imperium in magistratibus , authoritatem in senatu , potestatem in plebe , majestatem in populi jure esse dicebant . these four words command , authority , power , and majesty signifie ordinarily , one and the same thing , to wit , the sovereignty , or supreme power , i cannot find that bodin knows how to distinguish them ; for they were not distinct faculties placed in several subjects , but one and the same thing diversly qualified , for imperium , authoritas , potestas , and majestas were all originally in the consuls ; although for the greater shew the consuls would have the opinion , and consent of the senate who were never called together , nor had their advice asked , but when and in what points only it pleased the consuls to propound : so that properly senatus consultum was only a decree of the consuls , with the advice of the senators : and so likewise the consuls , when they had a mind to have the countenance of an ampler councel , they assembled the centuries , who were reckoned as the whole people , and were never to be assembled , but when the consuls thought fit to propound some business of great weight unto them ; so that jussus populi , the command of the people which bodin so much magnifies , was properly jussus consulum , the command of the consuls , by the advice or consent of the assembly of the centuries , who were a body composed of the senators , and the rest of the patritians , knights , and gentlemen , or whole nobility together with the commons : for the same men who had voices in senate , had also their votes allowed in the assembly of the centuries ▪ according to their several capacities . it may further appear , that the roman government was never truly popular , for that in her greatest show of popularity , there were to be found above ten servants for every citizen or freeman , and of those servants , not one of them was allowed any place , or voice in government : if it be said that the roman servants were slaves taken in war , and therefore not fit to be freemen ; to this it may be answered , that if the opinion of our modern politicians be good , which holds that all men are born free by nature , or if but the opinion of aristotle be found , who saith that by nature some men are servants , and some are masters , then it may be unnatural , or unjust to make all prisoners in war servants or ( as they are now called ) slaves , a term not used in the popular governments , either of rome or greece ; for in both languages , the usual word that doth answer to our late term of slave , is but servus in latin , and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in greek . besides , if the wars of the romans , by which they gained so many servants were unjust , as i take all offensive war to be without a special commission from god , and as i believe all the roman wars were , that were made for the enlargement of their empire , then we may conclude , that the romans were the notablest plagiaries , or men-stealers in the world. but to allow the lesser part of the people of rome , who called themselves citizens , to have had a just right to exclude all servants from being a part of the people of rome , let us enquire whether the major part of those , whom they allowed to be citizens , had the government of rome ; whereby we may discover easily how notoriously the poorer and greater part of the citizens were guld of their share in government ; there were two famous manners of their assembling the people of rome : the first was by classes , as they called them , which were divided into centuries ; the second was by tribes , or wards ; the former of these was a ranking of the people , according to their abilities or wealth ; the latter according to the place or ward , wherein every citizen dwelt : in the assemblies of neither of these , had the major part of the people the power of government , as may thus be made appear . first , for the assembly of the centuries , there were six degrees or classes of men according to their wealth ; the first classis was of the richest men in rome , none whereof were under l. in value : the valuation of the second classis was not under fourscore pounds ; and so the . the . and the fifth classis were each a degree one under another . the sixth classis contained the poorer sort , and all the rabble . these six classes were subdivided into hundreds , or centuries .   centuries . the first classis had the . had the . classis had . the . had the . classis had the . classis had   the classes , and centuries being thus ordered when the assembly came to give their votes they did not give their voices by the poll , which is the true popular way : but each century voted by it self , each century having one voice , the major part of the centuries carried the business : now there being fourscore and eighteen centuries in the first classis , in which all the patricians , senators , noblemen , knights , and gentlemen of rome , were inrolled , being more in number , and above half the centuries , must needs have the government , if they agreed all together in their votes , because they voted first , for when centuries had agreed in their votes , the other centuries of the inferiour classis , were never called to vote ; thus the nobles , and richer men who were but few in comparison of the common people did bear the chief sway , because all the poorer sort , or proletarian rabble , were clap'd into the sixth classis , which in reckoning were allowed but the single voice of one century , which never came to voting : whereas in number they did far exceed all the five other classes or centuries , and if they had been allowed the liberty of other citizens , they might have been justly numbred for a thousand centuries , or voices in the assembly ; this device of packing so many thousands into one century , did exclude far the greatest part of the people from having a part in the government . next , for the assembly of the people of rome by tribes , it must be considered , that the tribes did not give their voices by the poll altogether , which is the true way of popular voting , but each tribe or ward did vote by it self , and the votes of the major part ( not of the people but ) of the tribes did sway the government , the tribes being unequal , as all divisions by wards usually are , because the number of the people of one tribe , is not just the same with the number of the people of each other tribe ; whence it followed , that the major number of the tribes might possibly be the minor number of the people , which is a destroying of the power of the major part of the people . adde hereunto , that the nobility of rome were excluded from being present at the assembly of the tribes ; and so the most considerable part of the people was wanting , therefore it could not be the voices of the major part of the people , where a great part of the people were allowed no voices at all , for it must be the major part of the whole , and not of a part of the people , that must denominate a popular government . moreover it must be noted , that the assembly of the tribes was not originally the power of the people of rome , for it was almost years after the rejection of kings before an assembly of tribes were thought on , or spoken of ; for it was the assembly of the people by centuries , that agreed to the expulsion of kings , & creating of consuls in their room , also the famous laws of the twelve tables were ratified by the assembly of the centuries . this assembly by centuries , as it was more ancient , than that by tribes ; so it was more truly popular , because all the nobility , as well as the commons , had voices in it : the assembly by tribes , was pretended at first , only to elect tribunes of the people , and other inferiour magistrates , to determine of lesser crimes that were not capital , but only finable ; and to decree that peace should be made ; but they did not meddle with denouncing war to be made , for that high point did belong only to the assembly of the centuries ; and so also did the judging of treason , and other capital crimes . the difference between the assembly of the tribes , and of the centuries , is very material ; for though it be commonly thought , that either of these two assemblies were esteemed to be the people , yet in reality it was not so , for the assembly of the centuries only could be said to be the people , because all the nobility were included in it as well as the commons , whereas they were excluded out of the assembly of the tribes ; and yet in effect , the assembly of the centuries was but as the assembly of the lords , or nobles only , because the lesser , and richer part of the people had the sovereignty , as the assembly of the tribes was , but the commons only . in maintenance of the popular government of rome , bodin objects , that there could be no regal power in the two consuls , who could neither make law , nor peace , nor war. the answer is , though there were two consuls , yet but one of them had the regality ; for they governed by turns , one consul one moneth , and the other consul another moneth ; or the first one day , and the second another day . that the consuls could make no laws is false , it is plain by livy , that they had the power to make laws , or war , and did execute that power , though they were often hindered by the tribunes of the people ; not for that the power of making laws or war , was ever taken away from the consuls , or communicated to the tribunes , but onely the exercise of the consular power was suspended by a seeming humble way of intercession of the tribunes ; the consuls by their first institution had a lawful right to do those things , which yet they would not do by reason of the shortness of their reigns , but chose rather to countenance their actions with the title of a decree of the senate ( who were their private councel ) yea , and sometimes with the decree of the assembly of the centuries ( who were their publick counsel ) for both the assembling of the senate , and of the centuries , was at the pleasure of the consuls , and nothing was to be propounded in either of them , but at the will of the consuls : which argues a sovereignty in them over the senate and centuries ; the senate of rome was like the house of lords , the assembly of the tribes resembled the house of commons , but the assembling of the centuries , was a body composed of lords and commons united to vote together . the tribunes of the people bore all the sway among the tribes , they called them together when they pleased , without any order , whereas the centuries were never assembled without ceremony , and religious observation of the birds by the augurs , and by the approbation of the senate , and therefore were said to be auspicata , and ex authoritate patrum . these things considered , it appears , that the assembly of the centuries was the only legitimate , and great meeting of the people of rome : as for any assembling , or electing of any trustees , or representors of the people of rome , in nature of the modern parliaments , it was not in use , or ever known in rome . above two hundred and twenty years after the expulsion of kings , a sullen humour took the commons of rome , that they would needs depart the city to ianiculum , on the other side of tybur , they would not be brought back into the city , until a law was made , that a plebiscitum , or a decree of the commons might be observed for a law ; this law was made by the dictator hortensius , to quiet the sedition , by giving a part of the legislative power to the commons , in such inferiour matters only , as by toleration and usurpation had been practised by the commons . i find not that they desired an enlargement of the points which were the object of their power , but of the persons , or nobility that should be subject to their decrees : the great power of making war , of creating the greater magistrates , of judging in capital crimes , remained in the consuls , with the senate , and assembly of the centuries . for further manifestation of the broken and distracted government of rome , it is fit to consider the original power of the consuls , and of the tribunes of the commons , who are ordinarily called the tribunes of the people . first , it is undeniable , that upon the expulsion of kings , kingly power was not taken away , but only made annual and changeable between two consuls ; who in their turns , and by course had the sovereignty , and all regal power ; this appears plainly in livy , who tells us , that valerius publicola being consul , he himself alone ordained a law , and then assembled a general session . turemillus arsa inveighed and complained against the consul's government , as being so absolute , and in name only less odious than that of kings , but in fact more cruel ; for instead of one lord the city had received twain , having authority beyond all measure , unlimited and infinite . sextius and licinus complain , that there would never be any indifferent course , so long as the nobles kept the sovereign place of command , and the sword to strike , whiles the poor commons have only the buckler ; their conclusion was , that it remains , that the commons bear the office of consuls too , for that were a fortress of their liberty , from that day forward , shall the commons be partakers of those things ▪ wherein the nobles now surpass them , namely sovereign rule and authority . the law of the twelve tables affirms , regio imperio duo sunto , iique consules appellantor . let two have regal power , and let them be called consuls : also the judgment of livy is , that the sovereign power was translated from consuls to decemvirs , as before from kings to consuls . these are proofs sufficient to shew the royal power of the consuls . about sixteen years after the first creation of consuls , the commons finding themselves much run into debt , by wasting their estates in following the wars ; and so becoming , as they thought , oppressed by usury , and cast into prison by the judgment , and sentence of the consuls , they grievously complained of usury , and of the power of the consuls , and by sedition prevailed , and obtained leave to choose among themselves magistrates called tribunes of the people , who by their intercession might preserve the commons from being oppressed and suffering wrong from the consuls : and it was further agreed , that the persons of those tribunes should be sacred , and not to be touched by any . by means of this immunity of the bodies of the tribunes from all arrests or other violence , they grew in time by degrees to such boldness , that by stopping the legal proceedings of the consuls ( when they pleased to intercede ) they raised such an anarchy oft times in government , that they themselves might act , and take upon them , what power soever they pleased ( though it belonged not to them . ) this gallantry of the tribunes was the cause , that the commons of rome , who were diligent pretenders to liberty , and the great masters of this part of politiques , were thought the only famous preservers , and keepers of the liberty of rome . and to do them right , it must be confessed , they were the only men that truly understood the rights of a negative voice ; if we will allow every man to be naturally free till they give their consent to be bound , we must allow every particular person a negative voice ; so that when as all have equal power , and are as it were fellow-magistrates or officers , each man may impeach , or stop his fellow-officers in their proceedings , this is grounded upon the general reason of all them , which have any thing in common , where he which forbiddeth , or denyeth , hath most right ; because his condition in that case is better than his which commandeth , or moveth to proceed ; for every law or command , is in it self an innovation , and a diminution of some part of popular liberty ; for it is no law except it restrain liberty ; he that by his negative voice doth forbid or hinder the proceeding of a new law , doth but preserve himself in that condition of liberty , wherein nature hath placed him , and whereof he is in present possession ; the condition of him thus in possession being the better , the stronger is his prohibition , any single man hath a juster title to his negative voice , than any multitude can have to their affirmative ; to say the people are free , and not to be governed , but by their own consent , and yet to allow a major part to rule the whole , is a plain contradiction , or a destruction of natural freedom . this the commons of rome rightly understood , and therefore the transcendent power of the negative voice of any one tribune , being able of it self to stay all the proceedings , not of the consuls and senate only , and other magistrates , but also of the rest of his fellow-tribunes , made them seem the powerfullest men in all rome ; and yet in truth they had no power or jurisdiction at all , nor were they any magistrates , nor could they lawfully call any man before them , for they were not appointed for administration of justice , but only to oppose the violence , and abuse of magistrates , by interceeding for such as appealed , being unjustly oppressed ; for which purpose at first they sate only without the door of the senate , and were not permitted to come within the doors : this negative power of theirs was of force only to hinder , but not to help the proceedings in courts of justice ; to govern , and not to govern the people . and though they had no power to make laws , yet they took upon them to propound laws and flattered and humoured the commons by the agrarian and frumentarian laws , by the first they divided the common fields , and conquered lands among ▪ the common people ; and by the latter , they afforded them corn at a cheaper or lower price : by these means these demagogues or tribunes of the commons led the vulgar by the noses , to allow whatsoever usurpations they pleased to make in government . the royal power of the consuls was never taken away from them by any law that i hear of , but continued in them all the time of their pretended popular government , to the very last , though repined at , and opposed in some particulars by the commons . the no-power , or negative power of the tribunes , did not long give content to the commons , and therefore they desired , that one of the consuls might be chosen out of the commonalty : the eager propounding of this point for the commons , and the diligent opposing of it by the nobility or senate , argues how much both parties regarded the sovereign power of a consul ; the dispute lasted fourscore years within two : the tribunes pressing it upon all advantages of opportunity , never gave over till they carried it by strong hand , or stubbornness , hindring all elections of the curule , or greater magistrates , for five years together , whereby the nobles were forced to yield the commons a consul's place , or else an anarchy was ready to destroy them all ; and yet the nobility had for a good while allowed the commons military tribunes with consular power , which , in effect or substance , was all one with having one of the consuls a commoner , so that it was the bare name of a consul which the commons so long strived for with the nobility : in this contentionsome years consuls were chosen , some years military tribunes in such confusion , that the roman historians cannot agree among themselves , what consuls to assign , or name for each year , although they have capitoline tables , sicilian and greek registers , and kalenders , fragments of capitoline marbles , linen books or records to help them : a good while the commons were content with the liberty of having one of the consuls a commoner ; but about fourscore years after they enjoyed this privilege , a desire took them to have it enacted , that a decree of the commons called a plebiscitum might be observed for a law , hortensius the dictator yielded to enact it , thereby to bring back the seditious commons , who departed to ianiculum on the other side of tybur , because they were deeply engaged in debt in regard of long seditions and dissensions . the eleventh book of livy , where this sedition is set down , is lost ; we have only a touch of it it in florus his epitome , and st. augustine mentions the plundring of many houses by the commons at their departing : this sedition was above years after the expulsion of kings ▪ in all which time , the people of rome got the spoil of almost all italy , and the wealth of very many rich cities : and yet the commons were in so great penury , and over whelmed with debts that they fell to plunder the rich houses of the citizens , which sounds not much for the honour of a popular government . this communicating of a legislative power to the commons , touching power of enfranchising allies , judgments penal , and fines , and those ordinances that concerned the good of the commons called plebiscita , was a dividing of the supreme power , and the giving a share of it to others , as well as to the consuls , and was in effect to destroy the legislative power , for to have two supremes is to have none , because the one may destroy the other , and is quite contrary to the indivisible nature of sovereignty . the truth is , the consuls , having but annual sovereignty , were glad for their own safety , and ease in matters of great importance , and weight , to call together sometimes the senate , who were their ordinary councel , and many times the centuries of the people , who were their councel extraordinary , that by their advice they might countenance ▪ and strengthen such actions as were full of danger and envy : and thus the consuls by weakening their original power brought the government to confusion , civil dissension , and utter ruine : so dangerous a thing it is to shew favour to common people , who interpret all graces and favours for their rights , and just liberties : the consuls following the advice of the senate or people , did not take away their right of governing no more than kings lose their supremacy by taking advice in parliaments . not only the consuls , but also the pretors and censors ( two great offices , ordained only for the ease of the consuls , from whom an appeal lay to the consuls ) did in many things exercise an arbitrary or legislative power in the absence of the consuls , they had no laws to limit them : for many years after the creation of consuls , ten men were sent into greece to choose laws ; and after the tables were confirmed , whatsoever the pretors , who were but the consuls substitutes , did command , was called jus honorarium ; and they were wont at the entrance into their office to collect , and hang up for publick view , a form of administration of justice which they would observe , and though the edictum praetoris , expired with the preto●… office ; yet it was called edictum perpetuum . what peace the low-countries have found since their revolt is visible ; it is near about an hundred years since they set up for themselves , of all which time only twelve years they had a truce with the spaniard , yet in the next year , after the truce was agreed upon , the war of iuliers brake forth , which engaged both parties ; so that upon the matter , they have lived in a continued war , for almost years : had it not been for the aid of their neighbours , they had been long ago swallowed up , when they were glad humbly to offer their new hatch'd commonweal , and themselves vassals to the queen of england , after that the french king hen. . had refused to accept them as his subjects ; that little truce they had , was almost as costly as a war ; they being forced to keep about thirty thousand souldiers continually in garrison . two things they say they first fought about , religion and taxes ; and they have prevailed it seems in both , for they have gotten all the religions in christendome , and pay the greatest taxes in the world ; they pay tribute half in half for food , and most necessary things , paying as much for tribute as the price of the thing sold ; excise is paid by all retailers of wine , and other commodities ; for each tun of beer six shillings , for each cow for the pail two stivers every week : for oxen , horses , sheep , and other beasts sold in the market the twelfth part at least , be they never so oft sold by the year to and fro , the new master still pays as much : they pay five stivers for every bushel of their own wheat , which they use to grinde in publick mills : these are the fruits of the low-country war. it will be said that venice is a commonwealth that enjoys peace . she indeed of all other states hath enjoyed of late the greatest peace ; but she owes it not to her kind of government , but to the natural situation of the city , having such a banck in the sea of neer threescore miles , and such marshes towards the land , as make her unapproachable by land , or sea ; to these she is indebted for her peace at home , and what peace she hath abroad she buys at a dear rate ; and yet her peace is little better than a continued war ; the city always is in such perpetual fears , that many besieged cities are in more security ; a senator or gentleman dares not converse with any stranger in venice , shuns acquaintance , or dares not own it : they are no better than banditos to all humane society . nay , no people in the world live in such jealousie one of another ; hence are their intricate solemnities , or rather lotteries in election of their magistrates , which in any other place , would be ridiculous and useless . the senators or gentlemen are not only jealous of the common people , whom they keep disarmed , but of one another ; they dare not trust any of their own citizens to be a leader of their army , but are forced to hire , and entertain foreign princes for their generals , excepting their citizens from their wars , and hiring others in their places ; it cannot be said , that people live in peace which are in such miserable fears continually . the venetians at first were subject to the rom●… emperour ; and for fear of the invasion of the hunnes forsook padua , and other places in italy , and retired with all their substance to those island●… where now venice stands : i do not read they had any leave to desert the defence of their prince and countrey , where they had got their wealth , much less to set up a government of their own ; it was no better than a rebellion , or revolting from the roman empire . at first they lived under a kind of oligarchy ; for several islands had each a tribune , who all met , and governed in common : but the dangerous seditions of their tribunes , put a necessity upon them to choose a duke for life , who , for many hundreds of years , had an absolute power ; under whose government venice flourished most , and got great victories , and rich possessions . but by insensible degrees , the great councel of the gentlemen have for many years been lessening the power of their dukes , and have at last quite taken it away . it is a strange errour for any man to believe , that the government of venice hath been alwayes the same that it is now : he that reads but the history of venice , may find for a long time a sovereign power in their dukes : and that for these last two hundred years , since the diminishing of that power , there hath been no great victories and conquests obtained by that estate . that which exceeds admiration is , that contare●… hath the confidence to affirm the present government of venice to be a mixed form of monarchy , democratie , and aristocratie : for , whereas he makes the duke to have the person and shew of a king ; he after confesseth , that the duke can do nothing at all alone , and being joyned with other magistrates , he hath no more authority than any of them : also the power of the magistrates is so small , that no one of them , how great soever he be , can determine of any thing of moment , without the allowance of the councel . so that this duke is but a man dressed up in purple , a king only in pomp and ornament , in power but a senator , within the city a captive , without a traytor , if he go without leave . as little reason is there to think a popular estate is to be found in the great councel of venice , or s. p. q. u. for it doth not consist of the fortieth part of the people , but only of those they call patritians or gentlemen ; for the commons , neither by themselves , nor by any chosen by them for their representors , are admitted to be any part of the great councel : and if the gentlemen of venice have any right to keep the government in their own hands , and to exclude the commons , they never had it given them by the people , but at first were beholding to monarchy for their nobility . this may further be noted , that though venice of late enjoyed peace abroad , yet it had been with that charge , either for fortification and defence , or in bribery so excessive , whereby of late upon any terms they purchased their peace , that it is said their taxes are such , that christians generally live better under the turk , than under the venetians , for there is not a grain of corn , a spoonful of wine , salt , eggs , birds , beasts , fowl , or fish sold , that payeth not a certain custom : upon occasions the labourers and crafts-men pay a rate by the poll monthly , they receive incredible gains by usury of the jews ▪ for in every city they keep open shops of interest ' taking pawns after fifteen in the hundred , and if at the years end it be not redeemed , it is forfeited , or at the least , sold at great loss . the revenues which the very courtizans pay for toleration , maintains no less than a dozen of gallies . by what hath been said , it may be judged how unagreeable the popular government of rome heretofore , and of venice , and the united provinces at present , are , either for religion or peace ( which two are principal ingredients of government ) and so consequently not fit to be reckoned for forms , since whatsoever is either good or tolerable in either of their governments , is borrowed or patched up of a broken , and distracted monarchy . lastly , though venice and the low countreys are the only remarkable places in this age that reject monarchy ; yet neither of them pretend their government to be founded upon any original right of the people , or have the common people any power amongst them , or any chosen by them . never was any popular estate in the world famous for keeping themselves in peace ; all their glory hath been for quarrelling and fighting . those that are willing to be perswaded , that the power of government is originally in the people , finding how impossible it is for any people to exercise such power , do surmise , that though the people cannot govern , yet they may choose representors or trustees , that may manage this power for the people , and such representors must be surmised to be the people . and since such representors cannot truly be chosen by the people , they are fain to divide the people into several parts , as of provinces , cities , and burrough-towns , and to allow to every one of those parts to choose one representor or more of their own : and such representors , though not any of them be chosen by the whole , or major part of the people , yet still must be surmised to be the people ; nay , though not one of them be chosen either by the people , or the major part of the people of any province , city , or burrough , for which they serve , but onely a smaller part , still it must be said to be the people . now when such representors of the people do assemble or meet , it is never seen that all of them can at one time meet together ; and so there never appears a true , or full representation of the whole people of the nation , the representors of one part or other being absent , but still they must be imagined to be the people . and when such imperfect assemblies be met , though not half be present , they proceed : and though their number be never so small , yet it is so big , that in the debate of any business of moment , they know not how to handle it , without referring it to a fewer number than themselves , though themselves are not so many as they should be . thus those that are chosen to represent the people , are necessitated to choose others , to represent the representors themselves ; a trustee of the north doth delegate his power to a trustee of the south ; and one of the east may substitute one of the west for his proxy : hereby it comes to pass , that publick debates which are imagined to be referred to a general assembly of a kingdom , are contracted into a particular or private assembly , than which nothing can be more destructive , or contrary to the nature of publick assemblies . each company of such trustees hath a prolocutor , or speaker ; who , by the help of three or four of his fellows that are most active , may easily comply in gratifying one the other , so that each of them in their turns may sway the trustees , whilst one man , for himself or his friend , may rule in one business , and another man for himself or his friend prevail in another cause , till such a number of trustees be reduced to so many petty monarchs as there be men of it . so in all popularities , where a general councel , or great assembly of the people meet , they find it impossible to dispatch any great action , either with expedition or secrecy , if a publick free debate be admitted ; and therefore are constrained to epitomize , and sub-epitomise themselves so long , till at last they crumble away into the atomes of monarchy , which is the next degree to anarchy ; for anarchy is nothing else but a broken monarchy , where every man is his own monarch , or governour . whereas the power of the people in choosing both their government and governours , is of late highly magnified , as if they were able to choose the best and excellentest men for that purpose . we shall find it true what aristotle hath affirmed , that to choose well is the office of him that hath knowledge ; none can choose a geometrician but ●… that hath skill in geometry , l. . c. . for , saith he , all men esteem not excellency to be one and the same , l. . c. . a great deal of talk there is in the world of the freedom and liberty that they say is to be found in popular commonweals ; it is worth the enquiry how far , and in what sense this speech of liberty is true . true liberty is for every man to do what he list , or to live as he please , and not to be tied to any laws . but such liberty is not to be found in any commonweal ; for there are more laws in popular estates than any where else ; and so consequently less liberty : and government many say was invented to take away liberty , and not to give it to every man ; such liberty cannot be ; if it should , there would be no government at all : therefore aristotle , l. . cap. . it is profitable not to be lawful to do every thing that we will , for power to do what one will , cannot restrain that evil that is in every man ; so that true liberty cannot , nor should not be in any estate . but the onely liberty that the talkers of liberty can mean , is a liberty for some men to rule and to be ruled , for so aristotle expounds it ; one while to govern , another while to be governed ; to be a king in the forenoon , and a subject in the afternoon ; this is the onely liberty that a popular estate can brag of , that where a monarchy hath but one king , their government hath the liberty to have many kings by turns . if the common people look for any other liberty , either of their persons or their purses , they are pitifully deceived , for a perpetual army and taxes are the principal materials of all popular regiments : never yet any stood without them , and very seldom continued with them ; many popular estates have started up , but few have lasted ; it is no hard matter for any kind of government to last one , or two , or three dayes , l. . c. . for all such as out of hope of liberty , attempt to erect new forms of government , he gives this prudent lesson . we must look well into the continuance of time , and remembrance of many years , wherein the means tending to establish community had not lain hid , if they had been good and useful ; for almost all things have been found out , albeit some have not been received , and other some have been rejected , after men have had experience of them ; l. . c. . it is believed by many , that at the very first assembling of the people , it was unanimously agreed in the first place , that the consent of the major part should bind the whole ; and that though this first agreement cannot possibly be proved , either how , or by whom it should be made ; yet it must necessarily be believed or supposed , because otherwise there could be no lawful government at all . that there could be no lawful government , except a general consent of the whole people be first surmised , is no sound proposition ; yet true it is , that there could be no popular government without it . but if there were at first a government without being beholden to the people for their consent , as all men confess there was , i find no reason but that there may be so still , without asking leave of the multitude . if it be true , that men are by nature free-born , and not to be governed without their own consents , and that self-preservation is to be regarded in the first place , it is not lawful for any government but self-government to be in the world , it were sin in the people to desire , or attempt to consent to any other government : if the fathers will promise for themselves to be slaves , yet for their children they cannot , who have alwayes the same right to set themselves at liberty , which their fathers had to enslave themselves . to pretend that a major part , or the silent consent of any part , may be interpreted to bind the whole people , is both unreasonable and unnatural ; it is against all reason for men to bind others , where it is against nature for men to bind themselves . men that boast so much of natural feeedom , are not willing to consider how contradictory and destructive the power of a major part is to the natural liberty of the whole people ; the two grand favourites of the subjects , liberty and property ( for which most men pretend to strive ) are as contrary as fire to water , and cannot stand together . though by humane laws in voluntary actions , a major part may be tolerated to bind the whole multitude , yet in necessary actions , such as those of nature are , it cannot be so . besides , if it were possible for a whole people to choose their representors , then either every , each one of those representors ought to be particularly chosen by the whole people , and not one representor by one part , and another representor by another part of the people , or else it is necessary , that continually the entire number of the representors be present , because otherwise the whole people is never represented . again , it is impossible for the people , though they might and would choose a government , or governours , ever to be able to do it : for the people , to speak truly and properly , is a thing or body in continual alteration and change , it never continues one minute the same , being composed of a multitude of parts , whereof divers continually decay and perish , and others renew and succeed in their places ; they which are the people this minute , are not the people the next minute . if it be answered , that it is impossible to stand so strictly , as to have the consent of the whole people ; and therefore that which cannot be , must be supposed to be the act of the whole people : this is a strange answer , first to affirm a necessity of having the peoples consent , than to confess an impossibility of having it . if but once that liberty , which is esteemed so sacred , be broken , or taken away but from one of the meanest or basest of all the people ; a wide gap is thereby opened for any multitude whatsoever , that is able to call themselves , or whomsoever they please , the people . howsoever men are naturally willing to be perswaded , that all sovereignty flows from the consent of the people , and that without it no true title can be made to any supremacy ; and that it is so currant an axiome of late , that it will certainly pass without contradiction as a late exercitator tells us : yet there are many and great difficulties in the point never yet determined , not so much as disputed , all which the exercitator waves and declines , professing he will not insist upon the distinctions , touching the manner of the peoples passing their consent , nor determine which of them is sufficient , and which not to make the right or title ; whether it must be antecedent to possession , or may be consequent : express , or tacite : collective , or representative : absolute , or conditionated : free , or inforced : revocable , or irrevocable . all these are material doubts concerning the peoples title , and though the exercitator will not himself determine what consent is sufficient , and what not , to make a right or title , yet he might have been so courteous , as to have directed us , to whom we might go for resolution in these cases . but the truth is , that amongst all them that plead the necessity of the consent of the people , not one of them hath ever toucht upon these so necessary doctrines ; it is a task it seems too difficult , otherwise surely it would not have been neglected , considering how necessary it is to resolve the conscience , touching the manner of the peoples passing their consent ; and what is sufficient , and what not , to make , or derive a right , or title from the people . no multitude or great assembly of any nation , though they be all of them never so good and vertuous , can possibly govern ; this may be evidently discovered by considering the actions of great and numerous assemblies , how they are necessitated to relinquish that supreme power , which they think they exercise , and to delegate it to a few . there are two parts of the supreme power , the legislative , and the executive , neither of these can a great assembly truly act . if a new law be to be made it may in the general receive the proposal of it from one or more of the general assembly , but the forming , penning , or framing it into a law is committed to a few , because a great number of persons cannot without tedious , and dilatory debates , examine the benefits and mischiefs of a law. thus in the very first beginning the intention of a general assembly is frustrated ; then after a law is penned or framed , when it comes to be questioned , whether it shall pass or nay ; though it be voted in a full assembly , yet by the rules of the assembly , they are all so tyed up , and barred from a free and full debate ; that when any man hath given the reasons of his opinion ; if those reasons be argued against , he is not permitted to reply in justification or explanation of them , but when he hath once spoken , he must be heard no more ▪ which is a main denial of that freedome of debate , for which the great assembly is alleaged to be ordained in the high point of legislative power . the same may be said , touching the executive power ; if a cause be brought before a great assembly , the first thing done , is to referr , or commit it to some few of the assembly , who are trusted with the examining the proofs , and witnesses , and to make report to the general assembly ; who upon the report proceed to give their judgments without any publick hearing , or interrogating the witnesses , upon whose testimonies diligently examined every man that will pass a conscientious judgment is to rely . thus the legislative and executive power are never truly practised in a great assembly ; the true reason whereof is , if freedom be given to debate , never any thing could be agreed upon without endless disputes ; meer necessity compels to refer main transactions of business to particular congregations and committees . those governments that seem to be popular a●… kinds of petty monarchies , which may thus appear : government is a relation between the governours , and the governed , the one cannot be without the other , mutuò se ponunt & auferunt ; where a command or law proceeds from a major part , there those individual persons that concurred in the vote , are the governours , because the law is only their will in particular : the power of a major part being a contingent , or casual thing , expires in the very act it self of voting , which power of a major part is grounded upon a supposition , that they are the stronger part ; when the vote is past , these voters , which are the major part , return again , and are incorporated into the whole assembly , and are buried as it were in that lump , and no otherwise considered ; the act or law ordained by such a vote , loseth the makers of it , before it comes to be obeyed ; for when it comes to be put in execution , it becomes the will of those who enjoyn it , and force obedience to it , not by virtue of any power derived from the makers of the law. no man can say , that during the reign of the late queen elizabeth , that king henry the th . or edward the sixth did govern , although that many of the laws that were made in those two former princes times , were observed , and executed under her government ; but those laws , though made by her predecessours , yet became the laws of her present government ; who willed and commanded the execution of them , and had the same power to correct , interpret , or mitigate them , which the first makers of them had ; every law must always have some present known person in being , whose will it must be to make it a law for the present ; this cannot be said of the major part of any assembly , because that major part instantly ceaseth , as soon as ever it hath voted : an infallible argument whereof is this , that the same major part after the vote given ; hath no power to correct , alter , or mitigate it , or to cause it to be put in execution ; so that he that shall act , or cause that law to be executed , makes himself the commander , or willer of it , which was originally the will of others : it is said by mr. hobs in his leviathan page . nothing is law , where the legislator cannot be known ; for there must be manifest signs , that it proceedeth from the will of the sovereign ; there is requisite , not only a declaration of the law , but also sufficient signs of the author and the authority . that senate or great councel , wherein it is conceived the supreme , or legislative power doth rest , consists of those persons who are actually subjects at the very same time , wherein they exercise their legislative power , and at the same instant may be guilty of breaking one law , whilest they are making another law ; for it is not the whole and entire will of every particular person in the assembly , but that part onely of his will , which accidentally falls out to concurr with the will of the greater part : so that the sharers of the legislative power have each of them , perhaps not a hundreth part of the legislative power ( which in it self is indivisible ) and that not in act , but in possibility , only in one particular point for that moment , whilst they give their vote . to close this point which may seem strange and new to some , i will produce the judgment of bodin , in his sixth book of a commonweal , and the fourth chapter ; his words are , the chief point of a commonweal , which is the right of sovereignty , cannot be , nor insist , to speak properly , but in monarchy ; for none can be sovereign in a commonweal , but one alone ; if they be two or three or more , no one is sovereign , for that no one of them can give or take a law from his companion : and although we imagine a body of many lords , or of a whole people to hold the sovereignty , yet hath it no true ground nor support , if there be not a head with absolute power to unite them together , which a simple magistrate without sovereign authority cannot do . and if it chance that the lords , or tribes of the people be divided ( as it often falls out ) then must they fall to arms one against another : and although the greatest part be of one opinion , yet may it so happen , as the lesser part , having many legions , and making a head , may oppose it self against the greater number , and get the victory . we see the difficulties which are , and always have been in popular estates , whereas they hold contrary parts and for divers magistrates , some demand peace , others war ; some will have this law , others that ; some will have one commander , others another ; some will treat a league with the king of france , others with the king of spain , corrupted or drawn , some one way , some another , making open war , as hath been seen in our age amongst the grisons &c. upon these texts of aristotle forecited , and from the mutability of the roman popularity , which aristotle lived not to see , i leave the learned to consider , whether it be not probable that these , or the like parodoxes may be inferred to be the plain mind of aristotle , viz. . that there is no form of government , but monarchy only , , that there is no monarchy , but paternal . . that there is no paternal monarchy , but absolute , or arbitrary . . that there is no such thing as an aristocratie or democratie . . that there is no such form of government as a tyranny . . that the people are not born free by nature . directions for obedience to government in dangerous or doubtful times . all those who so eagerly strive for an original power to be in the people , do with one consent acknowledge , that originally the supreme power was in the fatherhood ; and that the first kings were fathers of families : this is not only evident , and affirmed by aristotle ; but yielded unto by grotius , mr. selden , mr. hobbs , mr. ascam ; and all others of that party , not one excepted , that i know of . now for those that confess an original subjection in children , to be governed by their parents , to dream of an original freedom in mankind , is to contradict themselves ; and to make subjects to be free , and kings to be limited ; to imagine such pactions and contracts between kings and people , as cannot be proved ever to have been made , or can ever be described or fancied , how it is possible for such contracts ever to have been , is a boldness to be wondred at . mr. selden confesseth , that adam , by donation from god , was made the general lord of all things , not without such a private dominion to himself , as ( without his grant ) did exclude his children . and by donation , or assignation , or some kind of concession ( before he was dead , or left any heir to succeed him ) his children had their distinct territories , by right of private dominion . abel had his flocks , and pastures for them : cain had his fields for corn , and the land of nod , where he built himself a city . it is confessed , that in the infancy of the world , the paternal government was monarchical ; but when the world was replenished with multitude of people , then the paternal government ceased , and was lost ; and an elective kind of government by the people , was brought into the world. to this it may be answered , that the paternal power cannot be lost ; it may either be transferr'd or usurped ; but never lost , or ceaseth . god , who is the giver of power , may transferr it from the father to some other ; he gave to saul a fatherly power over his father kish . god also hath given to the father a right or liberty to alien his power over his children , to any other ; whence we find the sale and gift of children , to have been much in use in the beginning of the world , when men had their servants for a possession and an inheritance as well as other goods : whereupon we find the power of castrating , and making eunuchs much in use in old times . as the power of the father may be lawfully transferr'd or aliened , so it may be unjustly usurped : and in usurpation , the title of an usurper is before , and better than the title of any other than of him that had a former right : for he hath a possession by the permissive will of god , which permission , how long it may endure , no man ordinarily knows . every man is to preserve his own life for the service of god , and of his king or father , and is so far to obey an usurper , as may tend not only to the preservation of his king and father , but sometimes even to the preservation of the usurper himself , when probably he may thereby be reserved to the correction , or mercy of his true superiour ; though by humane laws , a long prescription may take away right , yet divine right never dies , nor can be lost , or taken away . every man that is born , is so far from being free-born , that by his very birth he becomes a subject to him that begets him : under which subjection he is always to live , unless by immediate appointment from god , or by the grant or death of his father , he become possessed of that power to which he was subject . the right of fatherly government was ordained by god , for the preservation of mankind ; if it be usurped , the usurper may be so far obeyed , as may tend to the preservation of the subjects , who may thereby be enabled to perform their duty to their true and right sovereign , when time shall serve : in such cases to obey an usurper , is properly to obey the first and right governour , who must be presumed to desire the safety of his subjects : the command of an usurper is not to be obeyed in any thing tending to the destruction of the person of the governour , whose being in the first place is to be looked after ▪ it hath been said , that there have been so many usurpations by conquest in all kingdoms , that all kings are usurpers , or the heirs or successors of usurpers ; and therefore any usurper , if he can but get the possession of a kingdom , hath as good a title as any other . answer . the first usurper hath the best title , being , as was said , in possession by the permission of god ; and where an usurper hath continued so long , that the knowledge of the right heir be lost by all the subjects , in such a case an usurper in possession is to be taken and reputed by such subjects for the true heir , and is to be obeyed by them as their father . as no man hath an infallible certitude , but onely a moral knowledge , which is no other than a probable perswasion grounded upon a peaceable possession , which is a warrant for subjection to parents and governours ; for we may not say , because children have no infallible , or necessary certainty who are their true parents , that therefore they need not obey , because they are uncertain : it is sufficient , and as much as humane nature is capable of , for children to rely upon a credible perswasion ; for otherwise the commandement of honour thy father , would be a vain commandment , and not possible to be observed . by humane positive laws , a possession time out of mind takes away , or barrs a former right , to avoid a general mischief , of bringing all right into a disputation not decideable by proof , and consequently to the overthrow of all civil government , in grants , gifts , and contracts , between man and man : but in grants and gifts that have their original from god or nature , as the power of the father hath , no inferiour power of man can limit , nor make any law of prescription against them : upon this ground is built that common maxim , that nullum tempus occurrit regi , no time bars a king. all power on earth is either derived or usurped from the fatherly power , there being no other original to be found of any power whatsoever ; for if there should be granted two sorts of power without any subordination of one to the other , they would be in perpetual strife which should be supreme , for two supremes cannot agree ; if the fatherly power be supreme , then the power of the people must be subordinate , and depend on it ; if the power of the people be supreme , then the fatherly power must submit to it , and cannot be exercised without the licence of the people , which must quite destroy the frame and course of nature . even the power which god himself exerciseth over mankind is by right of fatherhood ; he is both the king and father of us all ; as god hath exalted the dignity of earthly kings , by communicating to them his own title , by saying they are gods ; so on the other side , he hath been pleased as it were to humble himself , by assuming the title of a king , to express his power , and not the title of any popular government ; we find it is a punishment to have no king , hosea , ch . . . and promised , as a blessing to abraham , gen. . . that kings shall come out of thee . every man hath a part or share in the preservation of mankind in general , he that usurps the power of a superiour , thereby puts upon himself a necessity of acting the duty of a superiour in the preservation of them over whom he hath usurped , unless he will aggravate one heinous crime , by committing another more horrid ; he that takes upon him the power of a superiour sins sufficiently , and to the purpose : but he that proceeds to destroy both his superiour , and those under the superiours protection , goeth a strain higher , by adding murther to robbery ; if government be hindered , mankind perisheth , an usurper by hindering the government of another , brings a necessity upon himself to govern , his duty before usurpation was only to be ministerial , or instrumental in the preservation of others by his obedience ; but when he denies his own , and hinders the obedience of others , he doth not only not help , but is the cause of the distraction in hindering his superiour to perform his duty , he makes the duty his own : if a superiour cannot protect , it is his part to desire to be able to do it , which he cannot do in the future if in the present they be destroyed for want of government : therefore it is to be presumed , that the superiour desires the preservation of them that should be subject to him ; and so likewise it may be presumed , that an usurper in general doth the will of his superiour , by preserving the people by government , and it is not improper to say , that in obeying an usurper , we may obey primarily the true superiour , so long as our obedience aims at the preservation of those in subjection , and not at the destruction of the true governour . not only the usurper , but those also over whom power is usurped , may joyn in the preservation of themselves , yea , and in the preservation sometimes of the usurper himself . thus there may be a conditional duty , or right in an usurper to govern ; that is to say , supposing him to be so wicked as to usurp , and not willing to surrender or forego his usurpation , he is then bound to protect by government , or else he encreaseth , and multiplyeth his sin. though an usurper can never gain a right from the true superiour , yet from those that are subjects he may ; for if they know no other that hath a better title than the usurper , then as to them the usurper in possession hath a true right . such a qualified right is found at first in all usurpers , as is in theives who have stolen goods , and during the time they are possessed of them , have a title in law against all others but the true owners , and such usurpers to divers intents and purposes may be obeyed . neither is he only an usurper who obtains the government , but all they are partakers in the usurpation , who have either failed to give assistance to their lawful sovereign , or have given aid either by their persons , estates or counsels for the destroying of that governour , under whose protection they have been born and preserved ; for although it should be granted , that protection and subjection are reciprocal , so that where the first fails , the latter ceaseth ; yet it must be remembred ; that where a man hath been born under the protection of a long and peaceable government , he owes an assistance for the preservation of that government that hath protected him , and is the author of his own disobedience . it is said by some , that an usurped power may be obeyed in things that are lawful : but it may not be obeyed not only in lawful things , but also in things indifferent : obedience in things indifferent , is necessary ; not indifferent . for in things necessarily good god is immediately obeyed , superiours only by consequence : if men command things evil , obedience is due only by tolerating what they inflict : not by performing what they require : in the first they declare what god commands to be done , in the latter what to be suffered , so it remains , that things indifferent only are the proper object of humane laws . actions are to be considered simply and alone , and so are good as being motions depending on the first mover ; or jointly with circumstances : and that in a double manner . . in regard of the ability or possibility whilest they may be done . . in the act when they be performed : before they be done they be indifferent , but once breaking out into act , they become distinctly good or evil according to the circumstances which determine the same . now an action commanded , is supposed as not yet done ( whereupon the hebrews call the imperative mood the first future ) and so remaineth many times indifferent . some may be of opinion , that if obedience may be given to an usurper in things indifferent , as well as to a lawful power ; that then there is as much obedience due to an usurped power , as to a lawful . but it is a mistake ; for though it be granted that in things indifferent , an usurper may be obeyed , as well as a lawful governour ; yet herein lyeth a main difference , that some things are indifferent for a lawful superiour , which are not indifferent , but unlawful to an usurper to enjoyn . usurpation is the resisting , and taking away the power from him , who hath such a former right to govern the usurper , as cannot lawfully be taken away : so that it cannot be just for an usurper , to take advantage of his own unlawful act , or create himself a title by continuation of his own injustice , which aggravates , and never extenuates his crime : and if it never can be an act indifferent for the usurper himself to disobey his lawful sovereign , much less can it be indifferent for him to command another to do that to which he hath no right himself . it is only then a matter indifferent for an usurper to command , when the actions enjoyned are such ; as the lawful superiour is commanded by the law of god , to provide for the benefit of his subjects , by the same , or other like restriction of such indifferent things ; and it is to be presumed , if he had not been hindred , would have commanded the same , or the like laws . observations concerning the original of government , upon mr. hobs his leviathan . mr. milton against salmasius . h. grotius de iure belli . mr. hunton's treatise of monarchy . arist. pol. lib. . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . the preface . with no small content i read mr. hobs's book de cive , and his leviathan , about the rights of sovereignty , which no man , that i know , hath so amply and judiciously handled : i consent with him about the rights of exercising government , but i cannot agree to his means of acquiring it . it may seem strange i should praise his building , and yet mislike his foundation ; but so it is , his jus naturae , and his regnum institutivum , will not down with me : they appear full of contradiction and impossibilities ; a few short notes about them , i here offer , wishing he would consider , whether his building would not stand firmer upon the principles of regnum patrimoniale ( as he calls it ) both according to scripture and reason . since he confesseth , the father , being before the institution of a commonwealth , was originally an absolute sovereign , with power of life and death , and that a great family , as to the rights of sovereignty , is a little monarchy . if , according to the order of nature , he had handled paternal government before that by institution , there would have been little liberty left in the subjects of the family to consent to institution of government . in his pleading the cause of the people , he arms them with a very large commission of array ; which is , a right in nature for every man , to war against every man when he please : and also a right for all the people to govern . this latter point , although he affirm in words , yet by consequence he denies , as to me it seemeth . he saith , a representative may be of all , or but of a part of the people . if it be of all , he terms it a democratie , which is the government of the people . but how can such a commonwealth be generated ? for if every man covenant with every man , who shall be left to be the representative ? if all must be representatives , who will remain to covenant ? for ●…e that is sovereign makes no covenant by his doctrine . it is not all that will come together , that makes the democratie , but all that have power by covenant ; thus his democratie by institution fails . the same may be said of a democratie by acquisition ; for if all be conquerours , who shall covenant for life and liberty ? and if all be not conquerours , how can it be a democratie by conquest ? a paternal democratie i am confident he will not affirm ; so that in conclusion the poor people are deprived of their government , if there can be no democratie , by his principles . next , if a representative aristocratical of a part of the people be free from covenanting , then that whole assembly ( call it what you will ) though it be never so great , is in the state of nature , and every one of that assembly hath a right not only to kill any of the subjects that they meet with in the streets , but also they all have a natural right to cut one anothers throats , even while they sit together in councel , by his principles . in this miserable condition of war is his representative aristocratical by institution . a commonwealth by conquest , he teacheth , is then acquired , when the vanquished , to avoid present death , covenanteth , that so long as his life , and the liberty of his body is allowed him , the victor shall have the use of it at his pleasure . here i would know how the liberty of the vanquished can be allowed , if the victor have the use of it at pleasure , or how it is possible for the victor to perform his covenant , except he could alwayes stand by every particular man to protect his life and liberty ? in his review and conclusion he resolves , that an ordinary subject hath liberty to submit , when the means of his life is within the guards and garisons of the enemy . it seems hereby that the rights of sovereignty by institution may be forfeited , for the subject cannot be at liberty to submit to a conquerour , except his former subjection be forfeited for want of protection . if his conquerour be in the state of nature when he conquers , he hath a right without any covenant made with the conquered : if conquest be defined to be the acquiring of right of sovereignty by victory , why is it said , the right is acquired in the peoples submission , by which they contract with the victor , promising obedience for life and liberty ? hath not every one in the state of nature a right to sovereignty before conquest , which onely puts him in possession of his right ? if his conquerour be not in the state of nature , but a subject by covenant , how can he get a right of sovereignty by conquest , when neither he himself hath right to conquer , nor subjects a liberty to submit ? since a former contract lawfully made , cannot lawfully be broken by them . i wish the title of the book had not been of a common-wealth , but of a weal publick , or common-weal , which is the true word , carefully observed by our translator of bodin de republica into english : many ignorant men are ap●… by the name of common-wealth to understand a popular government , wherein wealth and all things shall be common , tending to the levelling community in the state of pure nature . observations on mr. hobs's leviathan : or , his artificial man a commonwealth . i. if god created only adam , and of a piece of him made the woman ; and if by generation from them two , as parts of them , all mankind be propagated : if also god gave to adam not only the dominion over the woman and the children that should issue from them , but also over the whole earth to subdue it , and over all the creatures on it , so that as long as adam lived no man could claim or enjoy any thing but by donation , assignation , or permission from him ; i wonder how the right of nature can be imagined by mr. hobs , which he saith pag. . is , a liberty for each man to use his own power as he will himself for preservation of his own life ; a condition of war of every one against every one , a right of every man to every thing , even to one anothers body , especially since himself affirms , pag. . that originally the father of every man was also his sovereign lord , with power over him of life and death . ii mr. hobs confesseth and believes it was never generally so , that there was such a jus naturae ; and if not generally , then not at all , for one exception bars all if he mark it well ; whereas he imagines such a right of nature may be now ▪ practised in america , he confesseth a government there of families , which government how small or brutish soever ( as he calls it ) is sufficient to destroy his jus naturale . iii. i cannot understand how this right of nature can be conceived without imagining a company of men at the very first to have been all created together without any dependency one of another , or as mushroms ( fungorum more ) they all on a sudden were sprung out of the earth without any obligation one to another , as mr. hobs's words are in his book de cive , cap. . sect . . the scripture teacheth us otherwise , that all men came by succession , and generation from one man : we must not deny the truth of the history of the creation . iv. it is not to be thought that god would create man in a condition worse than any beasts , as if he made men to no other end by nature but to destroy one another ; a right for the father to destroy or eat his children , and for children to do the like by their parents , is worse than canibals . this horrid condition of pure nature when mr. hobs was charged with , his refuge was to answer , that no son can be understood to be in this state of pure nature : which is all one with denying his own principle , for if men be not free-born , it is not possible for him to assign and prove any other time for them to claim a right of nature to liberty , if not at their birth . v. but if it be allowed ( which is yet most false ) that a company of men were at first without a common power to keep them in awe ; i do not see why such a condition must be called a state of war of all men against all men : indeed if such a multitude of men should be created as the earth could not well nourish , there might be cause for men to destroy one another rather than perish for want of food ; but god was no such niggard in the creation , and there being plenty of sustenance and room for all men , there is no cause or use of war till men be hindred in the preservation of life , so that there is no absolute necessity of war in the state of pure nature , it is the right of nature for every man to live in peace , that so he may tend the preservation of his life , which whilst he is in actual war he cannot do . war of it self as it is war preserves no mans life , it only helps us to preserve and obtain the means to live : if every man tend the right of preserving life , which may be done in peace , there is no cause of war. vi. but admit the state of nature were the state of war ; let us see what help mr. hobs hath for it , it is a principle of his , that the law of nature is a rule found out by reason , ( i do think it is given by god ) pag. . forbidding a man to do that which is destructive to his life , and to omit that by which he thinks it may be best preserved : if the right of nature be a liberty for a man to do any thing he thinks fit to preserve his life , then in the first place nature must teach him that life is to be preserved , and so consequently forbids to do that which may destroy or take away the means of life , or to omit that by which it may be preserved : and thus the right of nature and the law of nature will be all one : for i think mr. hobs will not say the right of nature is a liberty for man to destroy his own life . the law of nature might better have been said to consist in a command to preserve or not to omit the means of preserving life , than in a prohibition to destroy , or to omit it . vii . another principle i meet with , pag. . if other men will not lay down their right as well as he , then there is no reason for any to devest himself of his : hence it follows , that if all the men in the world do not agree , no common-wealth can be established ; it is a thing impossible for all the men in the world , every man with every man , to covenant to lay down their right . nay it is not possible to be done in the smallest kingdom , though all men should spend their whole lives in nothing else but in running up and down to covenant . viii . right may be laid aside but not transfer'd , for pag. . he that renounceth or passeth away his right , giveth not to any other man a right which he had not before , and reserves a right in himself against all those with whom he doth not covenant . ix . pag. . the only way to erect a common power or a commonwealth ; is for men to confer all their power and strength upon one man , or one assembly of men , that may reduce all their wills by plurality of voices to one will ; which is to appoint one man or an assembly of men to bear their person , to submit their wills to his will : this is a real unity of them all in one person , made by covenant of every man with every man , as if every man should say to every man , i authorise , and give up my right of governing my self to this man , or this assembly of men , on this condition , that thou give up thy right to him , and authorise all his actions . this done , the multitude so united in one person , is called a commonwealth . to authorise and give up his right of governing himself , to confer all his power and strength , and to submit his will to another , is to lay down his right of resisting : for if right of nature be a liberty to use power for preservation of life , laying down of that power must be a relinquishing of power to preserve or defend life , otherwise a man relinquisheth nothing . to reduce all the wills of an assembly by plurality of voices to one will , is not a proper speech , for it is not a plurality but a totality of voices which makes an assembly be of one will , otherwise it is but the one will of a major part of the assembly , the negative voice of any one hinders the being of the one will of the assembly , there is nothing more destructive to the true nature of a lawful assembly , than to allow a major part to prevail when the whole only hath right . for a man to give up his right to one that never covenants to protect , is a great folly , since it is neither in consideration of some right reciprocally transferred to himself , nor can he hope for any other good , by standing out of the way , that the other may enjoy his own original right without hinderance from him by reason of so much diminution of impediments . pag. . x. the liberty , saith mr. hobs , whereof there is so frequent and honourable mention in the histories and philosophy of the ancient greeks and romans , and in the writings and discourse of those that from them have received all their learning in the politiques , is not the liberty of particular men , but the liberty of the commonwealth . whether a commonwealth be monarchical or popular , the freedom is still the same . here i find mr. hobs is much mistaken : for the liberty of the athenians and romans was a liberty only to be found in popular estates , and not in monarchies . this is clear by aristotle , who calls a city a community of freemen , meaning every particular citizen to be free . not that every particular man had a liberty to resist his governour , or do what he list , but a liberty only for particular men , to govern and to be governed by turns , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 are aristotles words : this was a liberty not to be found in hereditary monarchies : so tacitus mentioning the several governments of rome , joyns the consulship and liberty to be brought in by brutus , because by the annual election of consuls , particular citizens came in their course to govern and to be governed . this may be confirmed by the complaint of our author , which followeth : it is an easie thing for men to be deceived by the specious name of liberty : and for want of iudgment to distinguish , mistake that for their private inheritance or birth-right which is the right of the publick only : and when the same error is confirmed by the authority of men in reputation for their writings on this subject , it is no wonder if it produce sedition and change of government . in the western parts of the world , we are made to receive our opinions concerning the institution and right of common-wealths from aristotle and cicero , and other men , greeks and romans , that living under popular estates , derived those rights not from the principles of nature , but transcribed them into their books ●…ut of the practice of their own commonwealths , which were popular . and because the athenians were taught ( to keep them from desire of changing their government ) that they were free-men , and all that lived under monarchy , slaves : therefore aristotle puts it down in his politiques . in democracy liberty is to be supposed , for it 's commonly held that no man is free in any other government . so cicero and other writers grounded their civil doctrine on the opinions of the romans , who were taught to hate monarchy , at first , by them that having deposed their sovereign , shared amongst them the sovereignty of rome . and by reading of these greek and latine authors , men from their childhood have gotten a habit ( under a false shew of liberty , ) of favouring tumults , and of licentious controuling the actions of their sovereigns . xi . pag. . dominion paternal not attained by generation , but by contract , which is the childs consent , either express , or by other sufficient arguments declared . how a child can express consent , or by other sufficient arguments declare it before it comes to the age of discretion i understand not , yet all men grant it is due before consent can be given ; and i take it mr. hobs is of the same mind , pag. . where he teacheth , that abrahams children were bound to obey what abraham should declare to them for gods law : which they could not be but in vertue of the obedience they owed to their parents ; they owed , not they covenanted to give . also where he saith pag. . the father and master being before the institution of commonweals absolute sovereigns in their own families , how can it be said that either children or servants were in the state of jus naturae till the institutions of commonweals ? it is said by mr. hobs , in his book de cive , cap. . section . the mother originally hath the government of her children , and from her the father derives his right , because she brings forth and first nourisheth them . but we know that god at the creation gave the sovereignty to the man over the woman , as being the nobler and principal agent in generation . as to the objection , that it is not known who is the father to the son , but by the discovery of the mother , and that he is his son whom the mother will , and therefore he is the mother's : the answer is , that it is not at the will of the mother to make whom she will the father , for if the mother be not in possession of a husband , the child is not reckoned to have any father at all ; but if she be in the possession of a man , the child , notwithstanding whatsoever the woman discovereth to the contrary , is still reputed to be his in whose possession she is . no child naturally and infallibly knows who are his true parents , yet he must obey those that in common reputation are so , otherwise the commandement of honour thy father and thy mother were in vain , and no child bound to the obedience of it . xii . if the government of one man , and the government of two men , make two several kinds of government , why may not the government of of two , and the government of three do the like , and make a third ? and so every differing number a differing kind of common-wealth . if an assembly of all ( as mr. hobs saith ) that will come together be a democratie , and an assembly of a part onely an aristocratie , then if all that will come together be but a part onely , a democratie and aristocratie are all one ; and why must an assembly of part be called an aristocratie , and not a merocratie ? it seems mr ▪ hobs is of the mind that there is but one kind of government , and that is monarchy ; for he defines a commonwealth to be one person , and an assembly of men , or real unity of them all in one and the same person , the multitude so united he calls a common-wealth : this his moulding of a multitude into one person , is the generation of his great leviathan , the king of the children of pride , pag. . thus he concludes the person of a commonwealth to be a monarch . xiii . i cannot but wonder master hobs should say , page . the consent of a subject to sovereign power is contained in these words , i authorise , and do take upon me all his actions , in which there is no restriction at all of his own former natural liberty . surely here master hobs forgot himself ; for before he makes the resignation to go in these words also , i give up my right of governing my self to this man : this is a restriction certainly of his own former natural liberty , when he gives it away : and if a man allow his sovereign to kill him , which mr. hobs seems to confess , how can he reserve a right to defend himself ? and if a man have a power and right to kill himself , he doth not authorise and give up his right to his sovereign , if he do not obey him when he commands him to kill himself . xiv . mr. hobs saith , pag. . no man is bound by the words themselves of his submission to kill himself , 〈◊〉 any other man : and consequently that the obligation a man may sometimes have upon ▪ the command of the sovereign to execute any dangerous or dishonourable office , dependeth not on the words of our submission , but on the intention , which is to be understood by the end thereof . when therefore our refusal to obey frustrates the end for which the sovereignty was ordained , then there is no liberty to refuse : otherwise there is . if no man be bound by the words of his subjection to kill any other man , then a sovereign may be denied the benefit of war , and be rendred unable to defend his people , and so the end of government frustrated . if the obligation upon the commands of a sovereign to execute a dangerous or dishonourable office , dependeth not on the words of our submission , but on the intention , which is to be understood by the end thereof ; no man , by mr. hobs's rules , is bound but by the words of his submission ; the intention of the command binds not , if the words do not : if the intention should bind , it is necessary the sovereign must discover it , and the people must dispute and judge it ; which how well it may consist with the rights of sovereignty , master ▪ hobs may consider : whereas master hobs saith , the intention is to be understood by the end ; i take it he means the end by effect , for the end and the intention are one and the same thing ; and if he mean the effect , the obedience must go before , and not depend on the understanding of the effect , which can never be , if the obedience do not precede it : in fine , he resolves , refusal to obey may depend upon the judging of what frustrates the end of sovereignty , and what not , of which he cannot mean any other judge but the people . xv. mr. hobs puts a case by way of question . a great many men together have already resisted the sovereign power unjustly , or committed some capital crime , for which every one of them expecteth death : whether have they not the liberty then to joyn together , and assist and defend one another ? certainly they have ; for they but defend their lives , which the guilty man may as well do as the innocent : there was indeed injustice in the first breach of their duty , their bearing of arms subsequent to it , though it be to maintain what they have done , is no new unjust act ; and if it be only to defend their persons , it is not unjust at all . the only reason here alleged for the bearing of arms , is this ; that there is no new unjust act : as if the beginning only of a rebellion were an unjust act , and the continuance of it none at all . no better answer can be given to this case , than what the author himself hath delivered in the beginning of the same paragraph , in these words ; to resist the sword of the commonwealth in defence of another man , guilty or innocent , no man hath liberty : because such liberty takes away from the sovereign the means of protecting us , and is therefore destructive of the very essence of government . thus he first answers the question , and then afterwards makes it , and gives it a contrary answer : other passages i meet with to the like purpose . he saith , page . a man cannot lay down the right of resisting them that assault him by force to take away his life : the same may be said of wounds , chains , and imprisonment . page . a covenant to defend my self from force by force , is void . pag. . right of defending life and means of living , can never be abandoned . these last doctrines are destructive to all government whatsoever , and even to the leviathan it self : hereby any rogue or villain may murder his sovereign , if the sovereign but offer by force to whip or lay him in the stocks , since whipping may be said to be wounding , and putting in the stocks an imprisonment : so likewise every mans goods being a means of living , if a man cannot abandon them , no contract among men , be it never so just , can be observed : thus we are at least in as miserable condition of war , as mr. hobs at first by nature found us . xvi . the kingdom of god signifies , ( saith master hobs , page . ) a kingdom constituted by the votes of the people of israel in a peculiar manner , wherein they choose god for their king , by covenant made with him , upon god's promising them canaan . if we look upon master hob's text for this , it will be found that the people did not constitute by votes , and choose god for their king ; but by the appointment first of god himself , the covenant was to be a god to them : they did not contract with god , that if he would give them canaan , they would be his subjects , and he should be their king ; it was not in their power to choose whether god should be their god , yea , or nay : for it is confessed , he reigned naturally over all by his might . if god reigned naturally , he had a kingdom , and sovereign power over his subjects , not acquired by their own consent . this kingdom , said to be constituted by the votes of the people of israel , is but the vote of abraham only ; his single voyce carried it ; he was the representative of the people . for at this vote , it is confessed , that the name of king is not given to god , nor of kingdom to abraham ; yet the thing , if we will believe master hobs , is all one . if a contract be the mutual transferring of right , i would know what right a people can have to transferr to god by contract . had the people of israel at mount sinai a right not to obey god's voice ? if they had not such a right , what had they to transferr ? the covenant mentioned at mount sinai was but a conditional contract , and god but a conditional king ; and though the people promised to obey gods word , yet it was more than they were able to perform , for they often disobeyed gods voice , which being a breach of the condition , the covenant was void , and god not their king by contract . it is complained by god , they have rejected me that i should reign over them : but it is not said , according to their contract ; for i do not find that the desiring of a king was a breach of their contract of covenant , or disobedience to the voice of god : there is no such law extant . the people did not totally reject the lord , but in part onely , out of timorousness , when they saw nahash king of the children of ammon come against them ; they distrusted that god would not suddenly provide for their deliverance , as if they had had alwayes a king in readiness to go up presently to fight for them : this despair in them who had found so many miraculous deliverances under gods government , was that which offended the lord so highly : they did not desire an alteration of government , and to cast off gods laws , but hoped for a certainer and speedier deliverance from danger in time of war. they did not petition that they might choose their king themselves , that had been a greater sin ; and yet if they had , it had not been a total rejection of gods reigning over them , as long as they desired not to depart from the worship of god their king , and from the obedience of his laws . i see not that the kingdom of god was cast off by the election of saul , since saul was chosen by god himself , and governed according to gods laws . the government from abraham to saul is no where called the kingdom of god , nor is it said , that the kingdom of god was cast off at the election of saul . mr. hobs allows , that moses alone had , next under god , the sovereignty over the israelites , p. . but he doth not allow it to ioshua , but will have it descend to eleazar the high-priest , aaron's son . his proof is , god expresly saith concerning ioshua , he shall stand before eleazar , who shall ask counsel for him before the lord , ( after the judgment of urim , is omitted by mr. hobs ) at his word they shall go out , &c. therefore the supreme power of making peace and war was in the priest. answ. the work of the high-priest was onely ministerial , not magisterial ; he had no power to command in war , or to judge in peace ; onely when the sovereign or governour did go up to war , he enquired of the lord by the ministry of the high priest , and , as the hebrews say , the enquirer with a soft voice , as one that prayeth for himself , asked : and forthwith the holy ghost came upon the priest , and he beheld the brest-plate , and saw therein by the vision of prophecy , go up , or go not up , in the letters that shewed forth themselves upon the brest-plate before his face : then the priest answered him , go up , or go not up . if this answer gave the priest sovereignty , then neither king saul nor king david had the sovereignty , who both asked counsel of the lord by the priest. observations on mr. milton against salmasius . i. among the many printed books , and several discourses touching the right of kings , and the liberty of the people , i cannot find that as yet the first and chief point is agreed upon , or indeed so much as once disputed . the word king and the word people are familiar , one would think every simple man could tell what they signified ; but upon examination it will be found , that the learnedst cannot agree of their meaning . ask salmasius what a king is , and he will teach us , that a king is he who hath the supreme power of the kingdom , and is accountable to none but god , and may do what he please , and is free from the laws . this definition i. m. abominates as being the definion of a tyrant : and i should be of his mind , if he would have vouchsafed us a better , or any other definition at all , that would tell us how any king can have a supreme power , without being freed from humane laws : to find fault with it , without producing any other , is to leave us in the dark : but though mr. milton brings us neither definition nor description of a king , yet we may pick out of several passages of him , something like a definition , if we lay them together . he teacheth us that power was therefore given to a king by the people , that he might see by the authority to him committed , that nothing be done against law : and that he keeps our laws , and not impose upon us his own : therefore there is no regal power but in the courts of the kingdom , and by them , pag. . and again he affirmeth , the king cannot imprison , fine or punish any man , except he be first cited into some court ; where not the king , but the usual iudges give sentence , pag. . and before we are told , not the king , but the authority of parliament doth set up and take away all courts , pag. . lo here the description of a king , he is one to whom the people give power , to see that nothing be done against law : and yet he saith there is no regal power but in the courts of iustice and by them , where not the king , but the usual iudges give sentence . this description not only strips the king of all power whatsoever , but puts him in a condition below the meanest of his subjects . thus much may shew , that all men are not agreed what a king is . next , what the word people means is not agreed upon : ask aristotle what the people is , and he will not allow any power to be in any but in free citizens . if we demand , who be free citizens ? that he cannot resolve us ; for he confesseth that he that is a free citizen in one city , is not so in another city . and he is of opinion that no artificer should be a free citizen , or have voice in a well ordered commonwealth ; he accounts a democratie ( which word signifies the government of the people ) to be a corrupted sort of government ; he thinks many men by nature born to be servants , and not fit to govern as any part of the people . thus doth aristotle curtal the people , and cannot give us any certain rule to know who be the people : come to our modern politicians , and ask them who the people is , though they talk big of the people , yet they take up , and are content with a few representors ( as they call them ) of the whole people ; a point aristotle was to seek in , neither are these representors stood upon to be the whole people , but the major part of these representors must be reckoned for the whole people ; nay i. m. will not allow the major part of the representors to be the people , but the sounder and better part only of them ; and in right down terms he tells us pag. . to determine who is a tyrant , he leaves to magistrates , at least to the uprighter sort of them and of the people , pag. . though in number less by many , to judge as they find cause . if the sounder , the better , and the uprighter part have the power of the people , how shall we know , or who shall judge who they be ? ii. one text is urged by mr. milton , for the peoples power : deut. . . when thou art come into the land which thy lord thy god giveth thee , and shalt say , i will set a king over me , like as all the nations about me . it is said , by the tenure of kings these words confirm us that the right of choosing , yea of changing their own government , is by the grant of god himself in the people : but can the foretelling or forewarning of the israelites of a wanton and wicked desire of theirs , which god himself condemned , be made an argument that god gave or granted them a right to do such a wicked thing ? or can the narration and reproving of a future fact , be a donation and approving of a present right , or the permission of a sin be made a commission for the doing of it ? the author of his book against salmasius , falls so far from making god the donor or grantor , that he cites him only for a witness , teste ipso deo penes populos arbitrium semper fuisse , vel ea , quae placer●…t forma reipub . utendi , vel hanc in aliam mutandi ; de hebraeis hoc disertè dicit deus : de reliquis non abnuit . that here in this text god himself being witness , there was always a power in the people , either to use what form of government they pleased , or of changing it into another : god saith this expresly of the hebrews , and denies it not of others . can any man find that god in this text expresly saith , that there was always a right in the people to use what form of government they please ? the text not warranting this right of the people , the foundation of the defence of the people is quite taken away ; there being no other grant or proof of it pretended . . where it is said , that the israelites desired a king , though then under another form of government ; in the next line but one it is confessed , they had a king at the time when they desired a king , which was god himself , and his vice-roy samuel ; and so saith god , they have not rejected thee ; but they have rejected me , that i should not reign over them ; yet in the next verse god saith , as they have forsaken me , so do they also unto thee . here is no shew of any other form of government but monarchy : god by the mediation of samuel reigned , who made his sons judges over israel ; when one man constitutes judges , we may call him a king ; or if the having of judges do alter the government , then the government of every kingdom is altered from monarchy , where judges are appointed by kings : it is now reckoned one of the duties of kings to judge by their judges only . where it is said , he shall not multiply to himself horses , nor wives , nor riches , that he might understand that he had no power over others , who could decree nothing of himself , extra legem ; if it had said , contra legem dei , it had been true , but if it meant extra legem humanam , it is false . . if there had been any right given to the people , it seems it was to the elders onely ; for it is said , it was the elders of israel gathered together , petitioned for a king ; it is not said , it was all the people , nor that the people did choose the elders , who were the fathers and heads of families , authorized by the judges . . where it is said , i will set a king over me like as all the nations about me . to set a king , is , not to choose a king , but by some solemn publick act of coronation , or otherwise to acknowledge their allegiance to the king chosen ; it is said , thou shalt set him king whom the lord thy god shall choose . the elders did not desire to choose a king like other nations , but they say , now make us a king to judge us like all the nations . iii. as for davids covenant with the elders when he was annointed , it was not to observe any laws or conditions made by the people , for ought appears ; but to keep gods laws and serve him , and to seek the good of the people , as they were to protect him . . the reubenites and gadites promise their obedience , not according to their laws or conditions agreed upon , but in these words all that thou cammandest us we will do , and whithersoever thou sendst us we will go ; as we harkened to moses in all things , so will we harken unto thee : only the lord thy god be with thee as he was with moses . where is there any condition of any humane law expressed ? though the rebellious tribes offered conditions to rehoboam ; where can we find , that for like conditions not performed , all israel deposed samuel ? i wonder mr. milton should say this , when within a few lines after he professeth , that samuel had governed them uprightly . iv. ius regni is much stumbled at , and the definition of a king which saith his power is supreme in the kingdom , and he is accountable to none but to god , and that he may do what he please , and is not bound by laws : it is said if this definition be good , no man is or ever was , who may be said to be a tyrant ; p. . for when he hath violated all divine and humane laws , nevertheless he is a king , and guiltless jure regio , to this may be answered , that the definition confesseth he is accountable to god , and therefore not guiltless if he violate divine laws : humane laws must not be shuffled in with divine , they are not of the same authority : if humane laws bind a king , it is impossible for him to have supreme power amongst men . if any man can find us out such a kind of government , wherein the supreme power can be , without being freed from humane laws , they should first teach us that ; but if all sorts of popular government that can be invented , cannot be one minute , without an arbitrary power , freed from all humane laws : what reason can be given why a royal government should not have the like freedom ? if it be tyranny for one man to govern arbitrarily , why should it not be far greater tyranny for a multitude of men to govern without being accountable or bound by laws ? it would be further enquired how it is possible for any government at all to be in the world without an arbitrary power ; it is not power except it be arbitary : a legislative power cannot be without being absolved from humane laws , it cannot be shewed how a king can have any power at all but an arbitrary power . we are taught , that power was therefore given to a king by the people , that he might see by the authority to him committed , that nothing be done against law ; and that he keep our laws , and not impose upon us his own : therefore there is no royal power , but in the courts of the kingdom , and by them , pag. . and again it is said , the king cannot imprison , fine or punish any man except he be first cited into some court , where not the king but the usual iudges give sentence , pag. . and before , we are told , not the king , but the authority of parliament doth set up and take away all courts , pag. . lo here we have mr. milton's perfect definition of a king : he is one to whom the people gave power to see that nothing be done against law , and that he keep our laws , and not impose his own . whereas all other men have the faculty of seeing by nature , the king only hath it by the gift of the people , other power he hath none ; he may see the judges keep the laws if they will ; he cannot compell them , for he may not imprison , fine , nor punish any man ; the courts of justice may , and they are set up and put down by the parliament : yet in this very definition of a king , we may spy an arbitrary power in the king ; for he may wink if he will : and no other power doth this description of a king give , but only a power to see : whereas it is said aristotle doth mention an absolute kingdom , for no other cause , but to shew how absurd , unjust and most tyrannical it is . there is no such thing said by aristotle , but the contrary , where he saith , that 〈◊〉 king according to law makes no sort of government ▪ and after he had reckoned up five sorts of kings , he concludes , that there were in a manner but two sorts , the lacedemonian king , and the absolute king ; whereof the first was but as general in an army , and therefore no king at all , and then fixes and rests upon the absolute king , who ruleth according to his own will. v. if it be demanded what is meant by the word people ? . sometimes it is populus universus , and then every child must have his consent asked ▪ which is impossible . . sometimes it is pars major , and sometimes it is pars potior & sanior ; how the major part , where all are alike free , can bind the minor part , is not yet proved . but it seems the major part will not carry it , nor be allowed , except they be the better part , and the sounder part . we are told the sounder part implored the help of the army , when it saw it self and the commonwealth betrayed ; and that the souldiers judged better than the great councel , and by arms saved the commonwealth , which the great councel had almost damned by their votes , p. . here we see what the people is ; to wit , the sounder part ; of which the army is the judge : thus , upon the matter , the souldiers are the people : which being so , we may discern where the liberty of the people lieth , which we are taught to consist all for the most part in the power of the peoples choosing what form of government they please pag. . a miserable liberty , which is onely to choose to whom we will give our liberty , which we may not keep . see more concerning the people , in a book entituled the anarchy , p. , , , , , , . vi. we are taught , that a father and a king are things most diverse . the father begets us , but not the king ; but we create the king : nature gives a father to the people , the people give themselves a king : if the father kill his son he loseth his life , why should not the king also ? p. . ans. father and king are not so diverse ; it is confessed , that at first they were all one , for there is confessed paternum imperium & haereditarium , p. . and this fatherly empire , as it was of it self hereditary , so it was alienable by patent , and seizable by an usurper , as other goods are : and thus every king that now is , hath a paternal empire , either by inheritance , or by translation , or usurpation ; so a father and a king may be all one . a father may dye for the murther of his son , where there is a superiour father to them both , or the right of such a supreme father ; but where there are onely father and sons , no sons can question the father for the death of their brother : the reason why a king cannot be punished , is not because he is excepted from punishment , or doth not deserve it , but because there is no superiour to judge him , but god onely , to whom he is reserved . vii . it is said thus , he that takes away from the people the power of choosing for themselves what form of government they please , he doth take away that wherein all civil liberty almost consists , p. . if almost all liberty be in choosing of the kind of government , the people have but a poor bargain of it , who cannot exercise their liberty , but in chopping and changing their government , and have liberty onely to give away their liberty , than which there is no greater mischief , as being the cause of endless sedition . viii . if there be any statute in our law , by which thou canst find that tyrannical power is given to a king , that statute being contrary to gods will , to nature and reason , understand that by that general and primary law of ours , that statute is to be repealed , and not of force with us , p. . here , if any man may be judge , what law is contrary to gods will , or to nature , or to reason , it will soon bring in confusion : most men that offend , if they be to be punished or fined , will think that statute that gives all fines and forfeitures to a king , to be a tyrannical law ; thus most statutes would be judged void , and all our fore-fathers taken for fools or madmen , to make all our laws to give all penalties to the king. ix . the sin of the children of israel did lye , not in desiring a king , but in desiring such a king like as the nations round about had ; they distrusted god almighty , that governed them by the monarchical power of samuel , in the time of oppression , when god provided a judge for them ; but they desired a perpetual and hereditary king , that they might never want : in desiring a king they could not sin , for it was but desiring what they enjoyed by gods special providence . x. men are perswaded , that in making of a covenant , something is to be performed on both parts by mutual stipulation ; which is not alwayes true : for we find god made a covenant with noah and his seed , with all the fowl and the cattel , not to destroy the earth any more by a flood . this covenant was to be kept on gods part , neither noah , nor the fowl , nor the cattel were to perform any thing by this covenant . on the other side , gen. . , . god covenants with abraham , saying , thou shalt keep my covenant , — every male child among you shall be circumcised . here it is called gods covenant , though it be to be performed onely by abraham ; so a covenant may be called the kings covenant , because it is made to him , and yet to be performed only by the people . so also , kin. . . iehoiada made a covenant between the lord , and the king , and the people , that they should be the lords people . between the king also and the people , which might well be , that the people should be the kings servants : and not for the king 's covenanting to keep any humane laws , for it is not likely the king should either covenant , or take any oath to the people when he was but seven years of age , and that never any king of israel took a coronation-oath that can be shewed : when iehoiada shewed the king to the rulers in the house of the lord , he took an oath of the people : he did not article with them , but saith the next verse , commanded them to keep a watch of the kings house , and that they should compass the king around about , every man with his weapon in his hand ; and he that cometh within the ranges , let him be slain . xi . to the text , where the word of a king is , there is power , and who may say unto him , what dost thou ? j. m. gives this answer : it is apparent enough , that the preacher in this place gives precepts to every private man , not to the great sanhedrin , nor to the senate — shall not the nobles , shall not all the other magistrates , shall not the whole people dare to mutter , so oft as the king pleaseth to dote ? we must here note , that the great councel , and all other magistrates or nobles , or the whole people , compared to the king , are all but private men , if they derive their power from him : they are magistrates under him , and out of his presence , for when he is in place , they are but so many private men . i. m. asks , who swears to a king , unless the king on the other side be sworn to keep gods laws , and the laws of the countrey ? we find that the rulers of israel took an oath at the coronation of iehoash : but we find no oath taken by that king , no not so much as to gods laws , much less to the laws of the countrey . xii . a tyrant is he , who regarding neither law nor the common good , reigns onely for himself and his faction ; p. . in his defence he expresseth himself thus , he is a tyrant who looks after only his own , and not his peoples profit , eth. l. . p. . . if it be tyranny not to regard the law , then all courts of equity , and pardons for any offences must be taken away : there are far more sutes for relief against the laws , than there be for the observation of the laws : there can be no such tyranny in the world as the law , if there were no equity to abate the rigour of it . summum ius is summa injuria ; if the penalties and forfeitures of all laws should still be exacted by all kings , it would be found , that the greatest tyranny would be , for a king to govern according to law ; the fines , penalties , and forfeitures of all laws are due to the supreme power onely , and were they duely paid , they would far exceed the taxes in all places . it is the chief happiness of a kingdom , and their chief liberty , not to be governed by the laws only . . not to regard the common good , but to reign only for himself , is the supposition of an impossibility in the judgment of aristotle , who teacheth us , that the despotical power cannot be preserved , except the servant , or he in subjection , be also preserved . the truth of this strongly proves , that it is in nature impossible to have a form of government that can be for the destruction of a people , as tyranny is supposed ; if we will allow people to be governed , we must grant , they must in the first place be preserved , or else they cannot be governed . kings have been , and may be vitious men , and the government of one , not so good as the government of another ; yet it doth not follow , that the form of government is , or can be in its own nature ill , because the governour is so : it is anarchy , or want of government , that can totally destroy a nation . we cannot find any such government as tyranny mentioned or named in scripture , or any word in the hebrew tongue to express it . after such time as the cities of greece practised to shake off monarchy , then , and not till then , ( which was after homer's time ) the name of tyrant was taken up for a word of disgrace , for such men as by craft or force wrested the power of a city from a multitude to one man onely ; and not for the exercising , but for the ill-obtaining of the government : but now every man that is but thought to govern ill , or to be an ill man , is presently termed a tyrant , and so judged by his subjects . few remember the prohibition , exod. . . thou shalt not revile the gods , nor curse the ruler of thy people : and fewer understand the reason of it . though we may not one judge another , yet we may speak evil or revile one another , in that which hath been lawfully judged , and upon a tryal wherein they have been heard and condemned : this is not to judge , but onely to relate the judgment of the ruler . to speak evil , or to revile a supreme judge , cannot be without judging him who hath no superiour on earth to judge him , and in that regard must alwayes be presumed innocent , though never so ill , if he cannot lawfully be heard . i. m. that will have it tyranny in a king not to regard the laws , doth himself give as little regard to them as any man ; where he reckons , that contesting for privileges , customs , forms , and that old entanglement of iniquity , their gibrish laws , are the badges of ancient slavery . tenure , pag. . a disputing presidents , forms and circumstances , pag. . i. m. is also of opinion , that , if at any time our fore-fathers , out of baseness , have lost any thing of their right , that ought not hurt us ; they might if they would promise slavery for themselves , for us certainly they could not , who have alwayes the same right to free our selves , that they had to give themselves to any man in slavery . this doctrine well practised , layeth all open to constant anarchy . lastly , if any desire to know what the liberty of the people is , which i. m. pleads for , he resolves us , saying , that he that takes away from the people the right of choosing what form of government they please , takes away truly that in which all liberty doth almost consist . it is well said by i. m. that all liberty doth almost consist in choosing their form of government , for there is another liberty exercised by the people , which he mentions not , which is the liberty of the peoples choosing their religion ; every man may be of any religion , or of no religion ; greece and rome have been as famous for polytheisme , or multitudes of gods , as of governours ; and imagining aristocratie and democratie in heaven , as on earth . observations upon h. grotius de iure belli , & pacis . in most questions of weight and difficulty concerning the right of war , or peace , or supreme power , grotius hath recourse to the law of nature or of nations , or to the primitive will of those men who first joyned in society . it is necessary therefore a little to lay open the variety or contrariety in the civil and canon law , and in grotius himself , about the law of nature and nations , not with a purpose to raise any contention about words or phrases , but with a desire to reconcile or expound the sense of different terms . civilians , canonists , politicians and divines , are not a little perplexed in distinguishing between the law of nature , and the law of nations ; about ius naturae , and ius gentium , there is much dispute by such as handle the original of government , and of property and community . the civil law in one text allows a threefold division of law , into ius naturae , ius gentium , and ius civile . but in another text of the same law , we find only a twofold division , into ius civile , and ius gentium . this latter division the law takes from gaius , the former from ulpian , who will have ius naturale to be that which nature hath taught all creatures , quod natura omnia animalia docuit , but for this he is confuted by grotius , salmasius , and others , who restrain the law of nature only to men using reason ; which makes it all one with the law of nations ; to which the canon law consents , and saith , that ius naturale est commune omnium nationum : that which natural reason appoints all men to use , is the law of nations , saith theophilus in the text of the civil law : and in the second book of the instit. cap. . ius naturae is confounded with ius gentium . as the civilians sometimes confound and sometimes separate the law of nature and the law of nations , so other-whiles they make them also contrary one to the other . by the law of nature all men are born free ; iure naturali omnes liberi nascuntur . but servitude is by the law of nations : iure gentium servitus invasit , saith ulpian . and the civil law not only makes the law of nature and of nations contrary , but also will have the law of nations contrary to it self . war , saith the law , was brought in by the law of nations . ex jure gentium introducta bella , and yet the law of nations saith , since nature hath made us all of one kindred , it follows it is not lawful for one man to lye in wait for another . cùm inter nos cognitionem quandam natura constituit , consequens est hominem homini insidiari nefas esse , saith florentinus . again ▪ the civil law teacheth , that from the law of nature proceeds the conjunction of man and women , the procreation and education of children . but as for religion to god , and obedience to parents it makes it to be by the law of nations . to touch now the canon law , we may find in one place that men are governed either by the law of nature , or by customs . homines reguntur naturali jure , aut moribus . the law of nations they call a divine law , the customs a humane law ; leges aut divinae sunt aut humanae ; divinae naturâ , humanae moribus constant . but in the next place the canon law makes ius to be either naturale , aut civile , aut gentium . though this division agree in terms with that of ulpian in the civil law , yet in the explication of the terms there is diversity ; for what one law makes to belong to the law of nature , the other refers to the law of nations , as may easily appear to him that will take the pains to compare the civil and canon law in these points . a principal ground of these diversities and contrarieties of divisions , was an error which the heathens taught , that all things at first were common , and that all men were equal . this mistake was not so heinous in those ethnick authors of the civil laws , who wanting the guide of the history of moses , were fain to follow poets and fables for their leaders . but for christians , who have read the scriptures , to dream either of a community of all things , or an equality of all persons , is a fault scarce pardonable . to salve these apparent contrarieties of community and property ; or equality and subjection : the law of ius gentium was first invented ; when that could not satisfie , to mend the matter , this ius gentium , was divided into a natural law of nations , and an humane law of nations ; and the law of nature into a primary and a secondary law of nature ; distinctions which make a great sound , but edifie not at all if they come under examination . if there hath been a time when all things were common , and all men equal , and that it be otherwise now ; we must needs conclude that the law by which all things were common , and men equal , was contrary to the law by which now things are proper , and men subject . if we will allow adam to have been lord of the world and of his children , there will need no such distinctions of the law of nature and of nations : for the truth will be , that whatsoever the heathens comprehended under these two laws , is comprised in the moral law. that the law of nature is one and the same with the moral , may appear by a definition given by grotius . the law of nature ( saith he ) is the dictate of reason , shewing that in every action by the agreeing or disagreeing of it with natural reason , there is a moral honesty or dishonesty , and consequently that such an action is commanded or forbidden by god the author of nature . i cannot tell how grotius would otherwise have defined the moral law. and the canon law grants as much ; teaching that the law of nature is contained in the law and the gospel : whatsoever ye will that men do , &c. mat. . the term of ius naturae is not originally to be found in scripture , for though t. aquinas takes upon him to prove out of the . to the romans , that there is a ius naturae , yet st. paul doth not use those express terms ; his words are , the gentiles which have not the law , do by nature the things contained in the law , these having not the law are a law unto themselves : he doth not say , nature is a law unto them , but they are a law unto themselves . as for that which they call the law of nations , it is not a law distinct , much less opposite to the law of nature , but it is a small branch or parcel of that great law ; for it is nothing but the law of nature , or the moral law between nations . the same commandment that forbids one private man to rob another , or one corporation to hurt another corporation , obliges also one king not to rob another king , and one commonwealth not to spoil another : the same law that enjoyns charity to all men , even to enemies , binds princes and states to shew charity to one another , as well as private persons . and as the common , or civil laws of each kingdom which are made against treason , theft , murder , adultery , or the like , are all and every one of them grounded upon some particular commandment of the moral law ; so all the laws of nations must be subordinate and reducible to the moral law. the law of nature , or the moral law is like the main ocean , which though it be one entire body , yet several parts of it have distinct names , according to the diversity of the coasts on which they border . so it comes to pass that the law of nations which is but a part of the law of nature , may be sub-divided almost in infinitum , according to the variety of the persons , or matters about which it is conversant . the law of nature or the divine law is general , and doth only comprehend some principles of morality notoriously known of themselves , or at the most is extended to those things which by necessary and evident inference are consequent to those principles . besides these , many other things are necessary to the well-governing of a common-wealth : and therefore it was necessary that by humane reason something more in particular should be determined concerning those things which could not be defined by natural reason alone ; hence it is that humane laws be necessary , as comments upon the text of the moral law : and of this judgment is aquinas , who teacheth , that necessitas legis humanae manat ex eo , quod lex naturalis , vel divina , generalis est , & solum complectitur quaedam principia morum per se nota , & ad summum extenditur ad ea quae necessaria & evidenti elatione ex illis principiis consequuntur : praeter illa verò multa alia sunt necessaria in republica ad ejus rectam gubernationem : & ideo necessarium fuit ut per humanam rationem aliqua magis in particulari determinarentur circa ea quae per solam rationem naturalem definiri non possunt . ludo. molin de iust. thus much may suffice to shew the distractions in and between the civil and common laws about the law of nature and nations . in the next place we are to consider how grotius distinguisheth these laws . to maintain the community of things to be natural , grotius hath framed new divisions of the law of nature . first , in his preface to his books de iure belli & pacis , he produceth a definition of the law of nature , in such doubtful , obscure and reserved terms , as if he were diffident of his undertaking : next in his first book and first chapter he gives us another distribution , which differs from his doctrine in his preface . in his preface his principle is , that the appetite of society , that is to say , of community , is an action proper to man. here he presently corrects himself with an exception , that some other creatures are found to desire society ; and withal he answers the objections thus , that this desire of society in brute beasts , comes from some external principle . what he means by principium intelligens extrinsecum , i understand not , nor doth he explain , nor is it material , nor is the argument he useth to any purpose ; for , admitting all he saith to be true , yet his principle fails ; for the question is not , from what principle this desire of society proceeds in beasts , but whether there be such a desire or no. besides , here he takes the appetite of society and community to be all one , whereas many live in society , which live not in community . next he teacheth , that the keeping of society ( custodia societatis ) which in a rude manner ( saith he ) we have now expressed , is the fountain of that law which is properly so called . i conceive by the law properly so called , he intends the law of nature , though he express not so much : and to this appetite of sociable community he refers alieni abstinentia ; but herein it may be he forgets himself , for where there is community there is neither meum nor tuum , nor yet alienum ; and if there be no alienum , there can be no alieni abstinentia . to the same purpose he saith , that by the law of nature men must stand to bargains , iuris naturae sit stare pactis . but if all things were common by nature , how could there be any bargain ? again , grotius tells us , that from this signification of the law there hath flowed another larger , which consists ( saith he ) in discerning what delights us or hurts us , and in judging how things should be wisely distributed to each one . this latter he calls the looser law of nature ; the former , ius sociale , the law of nature , strictly , or properly taken . and these two laws of nature should have place ( saith he ) though men should deny there were ●… god. but to them that believe there is a god , there i●… another original of law , beside the natural , coming from the free will of god , to the which our own understanding tells us we must be subject . thus have i gathered the substance of what is most material concerning the law of nature , in his preface . if we turn to the book it self , we have a division of the law into ius naturale . voluntarium . divinum . humanum . civile . latiùs patens , seu jus gentium . arctiùs patens , seu paternum , seu herile . in the definition of ius naturale he omits those subtilties of ius naturae propriè dictum , and quod laxius ita dicitur , which we find in his preface , and gives such a plain definition , as may fitly agree to the moral law. by this it seems the law of nature and the moral law are one and the same . whereas he affirmeth , that the actions about which the law of nature is conversant , are lawful or unlawful of themselves , and therefore are necessarily commanded or forbidden by god : by which mark this law of nature doth not onely differ from humane law , but from the divine voluntary law , which doth not command or forbid those things , which of themselves , and by their own nature are lawful or unlawful , but makes them unlawful by forbidding them , and due by commanding them . in this he seems to make the law of nature to differ from gods voluntary law ; whereas , in god , necessary and voluntary are all one . salmasius de usuris , in the twentieth chapter , condemns this opinion of grotius ; though he name him not , yet he means him , if i mistake not . in the next place , i observe his saying , that some things are by the law of nature , not propriè , but reductivè ; and that the law of nature deals not onely with those things which are beside the will of man , but also with many things which follow the act of mans will : so dominion , such as is now in use , mans will brought in : but now that it is brought in , it is against the law of nature , to take that from thee against thy will , which is in thy dominion . yet for all this grotius maintains that the law of nature is so immutable , that it cannot be changed by god himself . he means to make it good with a distinction , some things ( saith he ) are by the law of nature , but not simply , but according to the certain state of things ; so the common use of things was natural as long as dominion was not brought in ; and right for every man to take his own by force , before laws were made . here if grotius would have spoken plain , in stead of but not simply , but according to the certain state of things , he would have said , but not immutably , but for a certain time. and then this distinction would have run thus ; some things are by the law of nature , but not immutably , but for a certain time . this must needs be the naked sense of his distinction , as appears by his explication in the words following , where he saith , that the common use of things was natural so long as dominion was not brought in : dominion he saith was brought in by the will of man , whom by this doctrine grotius makes to be able to change that law which god himself cannot change , as he saith . he gives a double ability to man ; first , to make that no law of nature , which god made to be the law of nature : and next , to make that a law of nature which god made not ; for now that dominion is brought in , he maintains , it is against the law of nature to take that which is in another mans dominion . besides , i find no coherence in these words , by the law of nature it was right for every ●…an to take his own by force , before laws made , since by the law of nature no man had any thing of his own ; and until laws were made , there was no propriety , according to his doctrine . ius humanum voluntarium latius patens , he makes to be the law of nations , which ( saith ●…e ) by the will of all , or many nations , hath received a power to bind , he adds , of many , because there is , as he grants , scarce any law to be found common to all nations , besides the law of nature ; which also is wont to be called the law of nations , being common to all nations . nay , as he confesseth often , that is the law in one part of the world , which in another part of the world is not the law of nations . by these sentences , it seems grotius can scarce tell what to make to be the law of nations , or where to find it . whereas he makes the law of nations to have a binding power from the will of men , it must be remembred , that it is not sufficient for men to have a will to bind , but it is necessary also to have a power to bind : though several nations have one and the same law. for instance , let it be granted that theft is punished by death in many countreys , yet this doth not make it to be a law of nations , because each nation hath it but as a natural , or civil law of their own countrey ; and though it have a binding power from the will of many nations , yet because each nation hath but a will and power to bind themselves , and may without prejudice consent , or , consulting of any neighbour-nation , alter this law , if they find cause , it cannot properly be called the law of nations . that which is the foundation of the law of nations , is , to have it concern such things as belong to the mutual society of nations among themselves , as grotius confesseth ; and not of such things as have no further relation than to the particular benefit of each kingdom : for , as private men must neglect their own profit for the good of their countrey ; so particular nations must sometimes remit part of their benefit , for the good of many nations . true it is , that in particular kingdomes and common-wealths there be civil and national laws , and also customs that obtain the force of laws : but yet such laws are ordained by some supreme power , and the customs are examined judged and allowed by the same supreme power . where there is no supreme power that extends over all or many nations but only god himself , there can be no laws made to bind nations , but such as are made by god himself : we cannot find that god made any laws to bind nations , but only the moral law ; as for the judicial law , though it were ordained by god , yet it was not the law of nations , but of one nation only , and fitted to that commonwealth . if any think that the customs wherein many nations do consent , may be called the law of nations , as well as the customs of any one nation may be esteemed for national laws : they are to consider that it is not the being of a custom that makes it lawful , for then all customs , even evil customs , would be lawful ; but it is the approbation of the supreme power that gives a legality to the custom : where there is no supreme power over many nations , their customs cannot be made legal . the doctrine of grotius is , that god immediately after the creation did bestow upon mankind in general a right over things of inferiour nature — from whence it came to pass , that presently every man might snatch what he would for his own use , and spend what he could , and such an universal right was then in stead of property ; for what every one so snatched , another could not take from him but by injury . how repugnant this assertion of grotius is to the truth of holy scripture , mr. selden teacheth us in his mare clausum , saying , that adam by donation from god , gen. . . was made the general lord of all things , not without such a private dominion to himself , as ( without his grant ) did exclude his children : and by donation and assignation , or some kind of cession ( before he was dead , or left any heir to succeed him ) his children had their distinct territories by right of private dominion : abel had his flocks , and pastures for them ; cain had his fields for corn , and the land of nod where he built himself a city ▪ this determination of mr. selden's being consonant to the history of the bible , and to natural reason , doth contradict the doctrine of grotius : i cannot conceive why mr. selden should afterwards affirm , that neither the law of nature , nor the divine law , do cammand or forbid either communion of all things or private dominion , but permitteth both . as for the general community between noah and his sons , which mr. selden will have to be granted to them , gen. . . the text doth not warrant it ; for although the sons are there mentioned with noah in the blessing , yet it may best be understood with a subordination or a benediction in succession , the blessing might truly be fulfilled , if the sons either under , or after their father enjoyed a private dominion : it is not probable that the private dominion which god gave to adam , and by his donation , assignation or cession to his children was abrogated , and a community of all things instituted between noah and his sons , at the time of the flood : noah was left the sole heir of the world , why should it be thought that god would dis-inherit him of his birth-right , and make him of all the men in the world , the only tenant in common with his children ? if the blessing given to adam , gen. . . be compared to that given to noah and his sons , gen. . . there will be found a considerable difference between those two texts : in the benediction of adam , we find expressed a subduing of the earth , and a dominion over the creatures , neither of which are expressed in the blessing of noah nor the earth there once named , it is only said , the fear of you shall be upon the creatures , and into your hands are they delivered ; then immediately it follows , every moving thing shall be meat for you , as the green herb : the first blessing gave adam dominion over the earth and all creatures , the latter allows noah liberty to use the living creatures for food : here is no alteration or diminishing of his title to a propriety of all things but an enlargement onely of his commons . but , whether , with grotius , community came in at the creation , or , with mr. selden , at the flood , they both agree it did not long continue ; sed veri non est simile hujusmodi communionem diu obtinuisse , is the confession of mr. selden . it seems strange that grotius should maintain , that community of all things should be by the law of nature , of which god is the author ; and yet such community should not be able to continue : doth it not derogate from the providence of god almighty , to ordain a community which could not continue ? or doth it make the act of our fore-fathers , in abrogating the natural law of community , by introducing that of propriety , to be a sin of a high presumption ? the prime duties of the second table are conversant about the right of propriety : but if propriety be brought in by a humane law ( as grotius teacheth ) then the moral law depends upon the will of man. there could be no law against adultery or theft , if women and all things were common . mr. selden saith , that the law of nature , or of god , nec vetuit , nec jubebat , sed permisit utrumque , tam nempe rerum communionem quàm privatum dominium . and yet for propriety ( which he terms primaeva rerum dominia ) he teacheth , that adam received it from god , à numine acceperat : and for community , he saith , we meet with evident footsteps of the community of things in that donation of god , by which noah and his three sons are made domini pro indiviso rerum omnium . thus he makes the private dominion of adam , as well as the common dominion of noah and his sons , to be both by the will of god. nor doth he shew how noah , or his sons , or their posterity , had any authority to alter the law of community which was given them by god. in distributing territories ( mr. selden saith ) the consent , as it were , of mankind ( passing their promise , which should also bind their posterity ) did intervene , so that men departed from their common right of communion of those things which were so distributed to particular lords or masters . this distribution by consent of mankind , we must take upon credit ; for there is not the least proof offered for it out of antiquity . how the consent of mankind could bind posterity when all things were common , is a point not so evident : where children take nothing by gift or by descent from their parents , but have an equal and common interest with them , there is no reason in such cases , that the acts of the fathers should bind the sons . i find no cause why mr. selden should call community a pristine right ; since he makes it but to begin in noah , and to end in noah's children , or grand-children at the most ; for he confesseth the earth , à noachidis seculis aliquot post diluvium esse divisam . that ancient tradition , which by mr. seldens acknowledgment hath obtained reputation every where , seems most reasonable , in that it tells us , that noah himself , as lord of all , was author of the distribution of the world , and of private dominion , and that by the appointment of an oracle from god , he did confirm this distribution by his last will and testament , which at his death he left in the hands of his eldest son sem , and also warned all his sons , that none of them should invade any of their brothers dominions , or injure one another , because from thence discord and civil war would necessarily follow . many conclusions in grotius his book de iure belli & pacis , are built upon the foundation of these two principles . . the first is , that communis rerum usus naturalis fuit . . the second is , that dominium quale nune in usu est , voluntas humana introduxit . upon these two propositions of natural community and voluntary propriety , depend divers dangerous and seditious conclusions , which are dispersed in several places . in the fourth chapter of the first book , the title of which chapter is , of the war of subjects against superiours ; grotius handleth the question , whether the law of not resisting superiours , do bind us in most grievous and most certain danger ? and his determination is , that this law of not resisting superiours , seems to depend upon the will of those men who at first joyned themselves in a civil society , from whom the right of government doth come to them that govern ; if those had been at first asked , if their will were to impose this burthen upon all , that they should choose rather to dye , than in any case by arms to repell the force of superiours ; i know not whether they would answer , that it was their will , unless perhaps with this addition , if resistance cannot be made but with the great disturbance of the commonwealth , and destruction of many innocents . here we have his resolution , that in great and certain danger , men may resist their governours , if it may be without disturbance of the commonwealth : if you would know who should be judge of the greatness and certainty of the danger , or how we may know it , grotius hath not one word of it , so that for ought appears to the contrary , his mind may be that every private man may be judge of the danger , for other judge he appoints none ; it had been a foul fault in so desperate a piece of service , as the resisting of superiors , to have concealed the lawful means , by which we may judge of the greatness or certainty of publick danger , before we lift up our hands against authority , considering how prone most of us are , to censure and mistake those things for great and certain dangers , which in truth many times are no dangers at all , or at the most but very small ones ; and so flatter our selves , that by resisting our superiours we may do our country laudible service , without disturbance of the commonwealth , since the effects of sedition cannot be certainly judged of but by the events only . grotius proceeds to answer an objection against this doctrine of resisting superiors . if ( saith he ) any man shall say that this rigid doctrine of dying ▪ rather then resisting any injuries of superiours , is no humane , but a divine law : it is to be noted , that men at first , not by any precept of god , but of their own accord , led by experience of the infirmities of separated families against violence , did meet together in civil society , from whence civil power took beginning , which therefore st. peter calls an humane ordinance , although elsewhere it be called a divine ordinance , because god approveth the wholsome institutions of men ; god in approving a humane law is to be thought to approve it as humane , and in a humane manner . and again in another place he goeth further , and teacheth us , that if the question happen to be concerning the primitive will of the people , it will not be amiss for the people that now are , and which are accounted the same with them that were long ago , to express their meaning , in this matter , which is to be followed , unless it cetainly appear , that the people long ago willed otherwise . lib. . c. . for fuller explication of his judgment about resisting superiours , he concludes thus : the greater the thing is which is to be preserved , the greater is the equity which reacheth forth an exception against the words of the law : yet i dare not ( saith grotius ) without difference condemn either simple men or a lesser part of the people , who in the last refuge of necessity , do so use this equity , as that in the mean time , they do not forsake the respect of the common good. another doctrine of grotius is , that the empire which is exercised by kings , doth not cease to be the empire of the people ; that kings who in a lawful order succeed those who were elected , have the supreme power by an usufructuary right only , and no propriety . furthermore he teacheth , that the people may choose what form of government they please , and their will is the rule of right . populus eligere potest qualem vult gubernationis formam , neque ex praestantia formae , sed ex voluntate jus metiendum est . lib. . c. . also , that the people choosing a king may reserve some acts to themselves , and may bestow others upon the king , with full authority , if either an express partition be appointed , or if the people being yet free do command their future king , by way of a standing command , or if any thing be added by which it may be understood , that the king may be compelled or else punished . in these passages of grotius which i have cited , we find evidently these doctrines . . that civil power depends on the will of the people . . that private men or petty multitudes may take up arms against their princes . . that the lawfullest kings have no propriety in their kingdoms , but an usufructuary right only : as if the people were the lords , and kings but their tenants . . that the law of not resisting superiours , is a humane law , depending on the will of the people at first . . that the will of the first people , if it be not known , may be expounded by the people that now are . no doubt but grotius foresaw what uses the people might make of these doctrines , by concluding , if the chief power be in the people , that then it is lawful for them to compel and punish kings as oft as they misuse their power : therefore he tells us , he rejects the opinion of them , who every where and without exception will have the chief power to be so the peoples , that it is lawful for them to compel and punish kings as oft as they misuse their power ; and this opinion he confesseth if it be altogether received , hath been and may be the cause of many evils . this cautelous rejection qualified with these terms of every where without exception , and altogether , makes but a mixt negation , partly negative , and partly affirmative ( which our lawyers call a negative repugnant ) which brings forth this modal proposition , that in some places with exception , and in some sort the people may compel and punish their kings . but let us see how grotius doth refute the general opinion , that people may correct kings . he frames his argument in these words , it is lawful for every man to yield himself to be a private servant to whom he please . what should hinder , but that also it may be lawful for a free people so to yield themselves to one or more , that the right of governing them be fully set over without retaining any part of the right ? and you must not say , that this may not be presumed , for we do not now seek , what in a doubtful case may be presumed , but what by right may be done . thus far is the argument , in which the most that is proved ( if we gratifie him , and yield his whole argument for good ) is this , that the people may grant away their power without retaining any part . but what is this to what the people have done ? for though the people may give away their power without reservation of any part to themselves ; yet if they have not so done , but have reserved a part , grotius must confess , that the people may compel and punish their kings if they transgress : so that by his favour , the point will be , not what by right may be done , but what in this doubtful case hath been done , since by his own rule it is the will and meaning of the first people that joyned in society , that must regulate the power of their successours . but on grotius side it may be urged , that in all presumption the people have given away their whole power to kings , unless they can prove they have reserved a part ; for if they will have any benefit of a reservation or exception , it lies on their part to prove their exception , and not on the kings part who are in possession . this answer , though in it self it be most just and good ; yet of all men grotius may not use it . for he saves the people the labour of proving the primitive reservation of their forefathers , by making the people that now are competent expositors of the meaning of those first ancestors , who may justly be presumed , not to have been either so improvident for themselves , or so negligent of all their posterity , when by the law of nature they were free and had all things common , at an instant with any condition or limitation to give away that liberty and right of community , and to make themselves and their children eternally subject to the will of such governours as might misuse them without controul . on the behalf of the people , it may be further answered to grotius , that although our ancestors had made an absolute grant of their liberty , without any condition expressed , yet it must be necessarily implyed , that it was upon condition to be well-governed , and that the non-performance of that implyed condition , makes the grant void ; or , if we will not allow an implicit condition , then it may be said , that the grant in it self was a void grant , for being unreasonable , and a violation of the law of nature , without any valuable consideration . what sound reply grotius can return to such answers , i cannot conceive , if he keep himself to his first principle of natural community . as grotius's argument against the people is not sound , so his answer to the argument that is made for the people , is not satisfactory . it is objected , that he that ordains ▪ is above him that is ordained . grotius answers , verum duntaxat est in ea constitutione cujus effectus perpetuò pendet à voluntate constituentis , non etiam in ea quae ab initio est voluntatis , postea verò effectum habet necessitatis , quomodo mulier virum sibi constituit , cui parere semper habet necesse . the reply may be , that by grotius's former doctrine the very effect of the constitution of kings by the people , depends perpetually upon the will of them that constitute , and upon no other necessity : he will not say , that it is by any necessity of the law of nature , or by any positive law of god ▪ he teacheth , that non dei praecepto , sed sponte , men entred into civil society , that it is an humane ordinance , that god doth onely approve it ut humanum , and humano modo . he tells us further , that populus potest eligere qualem vult gubernationis for●…am , & ex voluntate jus metiendum est ; that the people may give the king as little power as they will , and for as little time as they please , that they ●…ay make temporary kings , as dictators and protectors : jus quovis tempore revocabile , id est precarium ; as the vandals in africa , and the goths in spain , would depose their kings as oft as they displeased them , horum enim actus irriti possunt reddi ab his ●…i potestatem revocabiliter dederunt , ac proinde non idem est effectus nec jus idem . here he doth teach in plain words , the effect doth depend upon the will of the people . by this we may judge how improperly he useth the instance of a woman , that appoints her self a husband , whom she must alwayes necessarily obey , since the necessity of the continuance of the wives obedience depends upon the law of god , which hath made the bond of matrimony indissolvable . grotius will not say the like for the continuance of the subjects obedience to the prince , neither will he say that women may choose husbands , as he tells us the people may choose kings , by giving their husbands as little power , and for as little a time as they please . next , it is objected , that tutors who are set over pupils may be removed , if they abuse their power . grotius answers , in tutore hoc procedit qui superiorem habet , at in imperiis quia progressus non datur in infinitum omnino in aliqua persona aut coetu consistendum est : we must stay in some one person , or in a multitude , whose faults ( because they have no superiour iudge above them ) god hath witnessed that he will have a particular care of , either to revenge them , if he judge it needful , or to tolerate them , either for punishment , or tryal of the people . it is true , in kingdomes we cannot proceed in infinitum , yet we may , and must go to the highest , which by grotius his rule is the people , because they first made kings , so that there is no need to stay in aliqua persona , but in coetu , in the people , so that by his doctrine kings may be punished by the people , but the faults of the people must be left to the judgment of god. i have briefly presented here the desperate inconveniences which attend upon the doctrine of the natural freedom and community of all things ; these and many more absurdities are easily removed , if on the contrary we maintain the natural and private dominion of adam , to be the fountain of all government and propriety : and if we mark it well , we shall find that grotius doth in part grant as much ; the ground why those that now live do obey their governours , is the will of their fore-fathers , who at the first ordained princes , and , in obedience to that will , the children continue in subjection ; this is according to the mind of grotius : so that the question is not whether kings have a fatherly power over their subjects , but how kings came first by it . grotius will have it , that our fore-fathers being all free , made an assignment of their power to kings ; the other opinion denies any such general freedom of our fore-fathers , but derives the power of kings from the original dominion of adam . this natural dominion of adam may be proved out of grotius himself , who teacheth , that gene●…ione jus acquiritur parentibus in liberos , and that ●…urally no other can be found , but the parents to whom the government should belong , and the right of ruling and compelling them doth belong to parents . and in another place he hath these words , speaking of the first commandment , parentum nomine , ●…i naturales sunt magistratus , etiam alios rectores 〈◊〉 est intelligi , quorum authoritas societatem huma●…m , continet : and if parents be natural magistrates , children must needs be born natural subjects . but although grotius acknowledge ▪ parents to ●…e natural magistrates , yet he will have it , that children , when they come to full age , and are ●…parated from their parents , are free from natural subjection . for this he offers proof out of ari●…le , and out of scripture . first , for aristotle ; we ●…ust note , he doth not teach , that every separation of children of full age , is an obtaining of liberty , ●…s if that men when they come to years , might vo●…ntarily separate themselves , and cast off their ●…atural obedience ; but aristotle speaks onely of passive separation ; for he doth not say that children are subject to parents until they do sepa●…te , but he saith , until they be separated , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , in ●…he verb of the passive voice . that is , until by ●…aw they be separated : for the law ( which 〈◊〉 nothing else but the will of him that hath the power of the supreme father ) doth in many cases , for the publick benefit of society , free children from subjection to the subordinate parent , so that the natural subjection by such emancipation of children , is not extinguished , but onely assumed and regulated by the parent paramount . secondly , grotius cites numb . . to prove that the power of the fathers over the sons and daughters , to dissolve their vows , was not perpetual , bu●… during the time only whilst the children were part o●… the fathers family . but if we turn to the chapter , we may find that grotius either deceives himself , or us ; for there is not one word in that chapter concerning the vows of sons , but of daughters only , being in their father's family ; and th●… being of the daughter in the father's house , meaneth only the daughter 's being a virgin , and no●… married , which may be gathered by the argumen●… of the whole chapter , which taketh particular order for the vows of women of all estates . firs●… for virgins , in the third verse . secondly , fo●… wives in general , in the sixth verse . thirdly , fo●… widows , and women divorced , in the nint●… verse . there is no law for virgins out of the●… father's houses ; we may not think they woul●… have been omitted , if they had been free fro●… their fathers ; we find no freedom in the te●… for women , till after marriage : and if they we●… married , though they were in their father's ho●…ses , yet the fathers had no power of their vow●… but their husbands . if , by the law of nature , departure from t●… fathers house had emancipated children , w●… doth the civil law , contrary to the law of n●…ture , give power and remedy to fathers for to recover by action of law their children that de●…rt , or are taken away from them without their consent ? without the consent of parents the civil law allows no emancipation . concerning subjection of children to parents , grotius distinguisheth three several times . the first is the time of imperfect iudgment . the second is the time of perfect iudgment : but whilst the son remains part of the father's fa●…ily . the third is , the time after he hath departed out of his father's family . in the first time he saith , all the actions of children are under the dominion of the parents . during the second time , when they are of the ●…ge of mature iudgment , they are under their father's command in those actions onely , which are of moment for their parents family . in other actions the children have a power or moral faculty of doing , but they are bound in those also to study alwayes to please their parents . but since this duty is not by ●…orce of any moral faculty , as those former are , but ●…ely of piety , observance , and duty of repaying thanks ; it doth not make any thing void which is done against it , as neither a gift of any thing is void , being made by any owner whatsoever , against the ●…ules of parsimony . in both these times , the right of ruling and compelling is ( as grotius acknowledgeth ) comprehended so far forth as children are to be compelled to their duty , or amended ; although the power of a parent d●…th so follow the person of a father , that it cannot be pulled away , and transferred upon another , yet the father may naturally pawn , or also sell his son , if there be need . in the third time he saith , the son is in all things free , and of his own authority : always that du●… remaining of piety and observance , the cause of which is perpetual . in this triple distinction , though grotius allow children in some cases during the second , and in all cases during the third time to be free , and of their own power , by a moral faculty : yet , in that he confesseth , in all cases children are bound to study always to please their parents out of piety and duty , the cause of which , as he saith , is perpetual : i cannot conceive , how in any case children can naturally have any power or moral faculty of doing what they please without their parents leave , since they are alwayes bound to study to please their parents . and though by the laws of some nations , children , when they attain to years of discretion , have power and liberty in many actions ; yet this liberty is granted them by positive and humane laws onely , which are made by the supreme fatherly power of princes , who regulate , limit , or assume the authority of inferiour fathers , for the publick benefit of the commonwealth : so that naturally the power of parents over their children never ceaseth by any separation ; but only by the permission of the transcendent fatherly power of the supreme prince , children may be dispensed with , or privileged in some cases , from obedience to subordinate parents ▪ touching the point of dissolving the vows of children , grotius in his last edition of his book hath corrected his first : for in the first he teacheth , that the power of the father was greater over the daughter dwelling with him , than over the son ; for her vow he might make void , but not his : but instead of these words , in his last edition , he saith , that the power over the son or daughter to dissolve vows , was not perpetual , but did indure as long as the children were a part of their fathers family . about the meaning of the text out of which he draws this conclusion , i have already spoken . three wayes grotius propoundeth , whereby supreme power may be had . first , by full right of propriety . secondly , by an usufructuary right . thirdly , by a temporary right . the roman dictators , saith he , had supreme power by a temporary right ; as well those kings who are first elected , as those that in a lawful right succeed to kings elected , have supreme power by an usufructuary right : some kings that have got supreme power by a just war , or into whose power some people , for avoiding a greater evil , have so yielded themselves , as that they have excepted nothing , have a full right of propriety . thus we find but two means acknowledged by grotius , whereby a king may obtain a full right of propriety in a kingdome : that is , either by a just war , or by donation of the people . how a war can be just without a precedent title in the conquerour , grotius doth not shew ; and if the title onely make the war just , then no other right can be obtained by war , than what the title bringeth ; for a just war doth onely put the conquerour in possession of his old right , but not create a new. the like which grotius saith of succession , may be said of war. succession ( saith he ) is no title of a kingdome , which gives a form to the kingdom , but a continuation of the old ; for the right which began by the election of the family , is continued by succession ▪ wherefore , so much as the first election gave , so much the succession brings . so to a conquerour that hath a title , war doth not give , but put him in possession of a right : and except the conquerour had a full right of propriety at first , his conquest cannot give it him : for if originally he and his ancestors had but an usufructuary right , and were outed of the possession of the kingdom by an usurper : here , though the re-conquest be a most just war , yet shall not the conquerour in this case gain any full right of propriety , but must be remitted to his usufructuary right onely : for what justice can it be , that the injustice of a third person , an usurper , should prejudice the people , to the devesting of them of that right of propriety , which was reserved in their first donation to their elected king , to whom they gave but an usufructuary right , as grotius conceiveth ? wherefore it seems impossible , that there can be a just war , whereby a full right of propriety may be gained , according to grotius's principles . for if a king come in by conquest , he must either conquer them that have a governour , or those people that have none : if they have no governour , then they are a free people , and so the war will be unjust to conquer those that are free , especially if the freedom of the people be by the primary law of nature , as grotius teacheth : but if the people conquered have a governour , that governour hath either a title or not ; if he have a title , it is an unjust war that takes the kingdom from him : if he have no title , but only the possession of a kingdom , yet it is unjust for any other man , that wants a title also , to conquer him that is but in possession ; for it is a just rule , that where the cases are alike , he that is in possession is in the better condition ; in pari causa possidentis melior conditio . lib. . c. . and this by the law of nature , even in the judgment of grotius . but if it be admitted , that he that attempts to conquer have a title , and he that is in possession hath none : here the conquest is but in nature of a possessory action , to put the conquerour in possession of a primer right , and not to raise a new title ; for war begins where the law fails : ubi iudicia deficiunt incipit bellum . lib. . c. . and thus , upon the matter , i cannot find in grotius's book de iure belli , how that any case can be put wherein by a just war a man may become a king , pleno jure proprietatis . all government and supreme power is founded upon publick subjection , which is thus defined by grotius . publica subjectio est , qua se populus homini alicui , aut pluribus hominibus , aut etiam populo alteri in ditionem dat . lib. . c. . if subjection be the gift of the people , how can supreme power , pleno iure , in full right , be got by a just war ? as to the other means whereby kings may get supreme power in full right of propriety , grotius will have it to be , when some people , for avoiding a greater evil , do so yield themselves into anothers power , as that they do except nothing . it would be considered how , without war , any people can be brought into such danger of life , as that because they can find no other wayes to defend themselves , or because they are so pressed with poverty , as they cannot otherwise have means to sustain themselves , they are forced to renounce all right of governing themselves , and deliver it to a king. but if such a case cannot happen , but by a war onely , which reduceth a people to such terms of extremity , as compells them to an absolute abrenuntiation of all sovereignty : then war , which causeth that necessity , is the prime means of extorting such sovereignty , and not the free gift of the people , who cannot otherwise choose but give away that power which they cannot keep . thus , upon the reckoning , the two ways propounded by grotius , are but one way ; and that one way , in conclusion , is no way whereby supreme power may be had in full right of propriety . his two ways are , a iust war , or a donation of the people ; a just war cannot be without a title , no title without the donation of the people , no donation without such a necessity as nothing can bring upon the donors but a war. so that howsoever grotius in words acknowledges that kings may have a full right of propriety , yet by consequence he denies it , by such circular suppositions , as by coincidence destroy each other , and in effect he leaves all people a right to plead in bar against the right of propriety of any prince , either per minas , or per dures . many times , saith grotius , it happens , that war is grounded upon expletive iustice , iustitiam expletricem , which is , when a man cannot obtain what he ought , he takes that which is as much in value , which in moral estimation is the same . for in war , when the same province cannot be recovered , to the which a man hath a title , he recovers another of the like value . this recovery cannot give a full right of propriety : because the justice of such a war reacheth no farther than to a compensation for a former right to another thing , and therefore can give no new right . i am bound to take notice of a case put by grotius , amongst those causes which he thinks should move the people to renounce all their right of governing , and give it to another . it may also happen ( saith he ) that a father of a family possessing large territories , will not receive any man to dwell within his land upon any other condition . and in another place , he saith , that all kings are not made by the people , which may be sufficiently understood by the examples of a father of a family receiving strangers under the law of obedience . in both these passages we have a close and curt acknowledgment , that a father of a family may be an absolute king over strangers , without choice of the people ; now i would know whether such fathers of families have not the same absolute power over their own children , without the peoples choice , which he allows them over strangers : if they have , i cannot but call them absolute proprietary kings , though grotius be not willing to give them that title in plain terms : for indeed to allow such kings , were to condemn his own principle , that dominion came in by the will of the people ; and so consequently to overthrow his usufructuary kings , of whom i am next to speak . grotius saith , that the law of obeying , or resisting princes , depends upon the will of them who first met in civil society , from whom power doth flow to kings : and , that men of their own accord came together into civil society , from whence springs civil power , and the people may choose what form of government they please . upon these suppositions , he concludes , that kings , elected by the people , have but an usufructuary right , that is , a right to take the profit or fruit of the kingdom , but not a right of propriety or power to alienate it . but why doth he call it an usufructuary right ? it seems to me a term too mean or base to express the right of any king , and is derogatory to the dignity of supreme majesty . the word usufructuary is used by the lawyers , to signifie him that hath the use , profit or fruit of some corporal thing , that may be used without the property ; for of fungible things ( res fungibiles , the civilians call them ) that are spent or consumed in the use , as corn , wine , oyl , money , there cannot be an usufructuary right . it is to make a kingdom all one with a farm , as if it had no other use but to be let out to him that can make most of it : whereas , in truth , it is the part and duty of a king to govern , and he hath a right so to do , and to that end supreme power is given unto him ; the taking of the profit , or making use of the patrimony of the crown , is but as a means onely to enable him to perform that great work of government . besides , grotius will not onely have an elected king , but also his lawful successors , to have but an usufructuary right , so that though a king hath a crown to him and to his heirs , yet he will allow him no propriety , because he hath no power to alienate it ; for he supposeth the primary will of the people to have been to bestow supreme power to go in succession , and not to be alienable ; but for this he hath no better proof than a naked presumption : in regnis quae populi voluntate delata sunt concedo non esse praesumendum eam fuisse populi voluntatem , ut alienatio imperii sui regi permitteretur . but though he will not allow kings a right of propriety in their kingdoms , yet a right of propriety there must be in some body , and in whom but in the people ? for he saith , the empire which is exercised by kings , doth not cease to be the empire of the people . his meaning is , the use is the king 's , but the property is the peoples . but if the power to alienate the kingdom be in him that hath the property , this may prove a comfortable doctrine to the people : but yet to allow a right of succession in kings , and still to reserve a right of property in the people , may make some contradiction : for the succession must either hinder the right of alienation which is in the people , or the alienation must destroy that right of succession , which , by grotius's confession , may attend upon elected kings . though grotius confess , that supreme power be unum quiddam , and in it self indivisible , yet he saith , sometimes it may be divided either by parts potential , or subjunctive . i take his meaning to be , that the government or the governed may be divided : an example he gives of the roman empire , which was divided , into the east and west : but whereas he saith , fieri potest , &c. it may be , the people choosing a king , may reserve some actions to themselves , and in others they may give full power to the king : the example he brings out of plato of the heraclides doth not prove it , and it is to dream of such a form of government as never yet had name , nor was ever found in any settled kingdom , nor cannot possibly be without strange confusion . if it were a thing so voluntary , and at the pleasure of men , when they were free , to put themselves under subjection , why may they not as voluntarily leave subjection when they please , and be free again ? if they had a liberty to change their natural freedom , into a voluntary subjection , there is stronger reason that they may change their voluntary subjection into natural freedom , since it is as lawful for men to alter their wills as their judgments . certainly , it was a rare felicity , that all the men in the world at one instant of time should agree together in one mind , to change the natural community of all things into private dominion : for without such an unanimous consent , it was not possible for community to be altered : for , if but one man in the world had dissented , the alteration had been unjust , because that man by the law of nature had a right to the common use of all things in the world ; so that to have given a propriety of any one thing to any other , had been to have robbed him of his right to the common use of all things . and of this judgment the jesuit lud. molina seems to be , in his book de iustitia , where he saith , si aliquis de cohabit antibus , &c. if one of the neighbours will not give his consent to it , the commonwealth should have no authority over him , because then every other man hath no right or authority over him , and therefore can they not give authority to the commonwealth over him . if our first parents , or some other of our forefathers did voluntarily bring in propriety of goods , and subjection to governours , and it were in their power either to bring them in or not , or having brought them in , to alter their minds , and restore them to their first condition of community and liberty ; what reason can there be alleged that men that now live should not have the same power ? so that if any one man in the world , be he never so mean or base , will but alter his will , and say , he will resume his natural right to community , and be restored unto his natural liberty , and consequently take what he please , and do what he list ; who can say that such a man doth more than by right he may ? and then it will be lawful for every man , when he please , to dissolve all government , and destroy all property . whereas grotius saith , that by the law of nature all things were at first common ; and yet teacheth , that after propriety was brought in , it was against the law of nature to use community ; he doth thereby not onely make the law of nature changeable , which he saith god cannot do , but he also makes the law of nature contrary to it self . the anarchy of a limited or mixed monarchy . the preface . we do but flatter our selves , if we hope ever to be governed without an arbitrary power . no : we mistake , the question is not , whether there shall be an arbitrary power ; but the only point is , who shall have that arbitrary power , whether one man or many ? there never was , nor ever can be any people govern'd without a power of making laws , and every power of making laws must be arbitrary : for to make a law according to law , is contradictio in adjecto . it is generally confessed , that in a democracy the supreme or arbitrary power of making laws is in a multitude ; and so in an aristocracy the like legislative or arbitrary power is in a few , or in the nobility . and therefore by a necessary consequence , in a monarchy the same legislative power must be in one ; according to the rule of aristotle , who saith , government is in one , or in a few , or in many . this antient doctrine of government , in these latter days hath been strangely refined by the romanists , and wonderfully improved since the reformation , especially in point of monarchy , by an opinion , that the people have originally a power to create several sorts of monarchy , to limit and compound them with other forms of government , at their pleasure . as for this natural power of the people , they finde neither scripture , reason , or practice to justifie it : for though several kingdoms have several and distinct laws one from another ; yet that doth not make several sorts of monarchy : nor doth the difference of obtaining the supreme power , whether by conquest , election , succession , or by any other way , make different sorts of government . it is the difference only of the authors of the laws , and not of the laws themselves , that alters the form of government ; that is , whether one man , or more than one , make the laws . since the growth of this new doctrine , of the limitation and mixture of monarchy , it is most apparent , that monarchy hath been crucified ( as it were ) between two thieves , the pope and the people ; for what principles the papists make use of for the power of the pope above kings , the very same , by blotting out the word pope , and putting in the word people , the plebists take up to use against their soveraigns . if we would truely know what popery is , we shall finde by the laws and statutes of the realm , that the main , and indeed the only point of popery , is the alienating and withdrawing of subjects from their obedience to their prince , to raise sedition and rebellion : if popery and popularity agree in this point , the kings of christendome , that have shaken off the power of the pope , have made no great bargain of it , if in place of one lord abroad , they get many lords at home within their own kingdoms . i cannot but reverence that form of government which was allowed and made use of for god's own people , and for all other nations . it were impiety , to think that god , who was careful to appoint iudicial laws for his chosen people , would not furnish them with the best form of government : or to imagine that the rules given in divers places in the gospel , by our blessed saviour and his apostles , for obedience to kings , should now , like almanacks out of date , be of no use to us ; because it is pretended , we have a form of government now , not once thought of in those days . it is a shame and scandal for us christians , to seek the original of government from the inventions or fictions of poets , orators , philosophers , and heathen historians , who all lived thousands of years after the creation , and were ( in a manner ) ignorant of it : and to neglect the scriptures , which have with more authority most particularly given us the true grounds and principles of government . these considerations caused me to scruple this modern piece of politicks , touching limited and mixed monarchy : and finding no other that presented us with the nature and means of limitation and mixture , but an anonymus authour ; i have drawn a few brief observations upon the most considerable part of his treatise , in which i desire to receive satisfaction from the authour himself , if it may be , according to his promise in his preface ; or if not from him , from any other for him . the anarchy . of a limited or mixed monarchy . there is scarce the meanest man of the multitude , but can now in these days tell us that the government of the kingdome of england is a limited and mixed monarchy : and it is no marvail , since all the disputes and arguments of these distracted times both from the pulpit and the presse to tend and end in this conclusion . the author of the treatise of monarchy hath copiously handled the nature and manner of limited and mixed monarchy , and is the first and onely man ( that i know ) hath undertaken the task of describing it ; others onely mention it , as taking it for granted . doctor ferne gives the author of this treatise of monarchy this testimony , that the mixture of government is more accurately delivered and urged by this treatise than by the author of the fuller answer . and in another place doctor ferne saith , he allows his distinction of monarchy into limited and mixed . i have with some diligence looked over this treatise ▪ but cannot approve of these distinctions which he propounds ; i submit the reasons of my dislike to others judgements . i am somewhat confident that his doctrine of limited and mixed monarchy is an opinion but of yesterday , and of no antiquity , a meer innovation in policy , not so old as new england , though calculated properly for that meridian . for in his first part of the treatise which concerns monarchy in general , there is not one proof , text , or example in scripture that he hath produced to justifie his conceit of limited and mixed monarchy . neither doth he afford us so much as one passage or reason out of aristotle , whose books of politicks , and whose natural reasons are of greatest authority and credit with all rational men , next to the sacred scripture : nay , i hope i may affirm , and be able to prove , that arist. doth confute both limited and mixed monarchy , howsoever doctor ferne think these new opinions to be raised upon arist. principles . as for other polititians or historians , either divine or humane , ancient or modern , our author brings not one to confirm his opinions ; nor doth he , nor can he shew that ever any nation or people were governed by a limited or mixed monarchy . machivel is the first in christendome that i can find that writ of a mixed government , but not one syllable of a mixed monarchy : he , in his discourses or disputations upon the decades of livy , falls so enamored with the roman common-wealth , that he thought he could never sufficiently grace that popular government , unless he said , there was something of monarchy in it : yet he was never so impudent as to say , it was a mixed monarchy . and what machivel hath said for rome , the like hath contarene for venice . but bodin hath layed open the errors of both these , as also of polybius , and some few others that held the like opinions . as for the kingome of england , if it have found out a form of government ( as the treatise layeth it down ) of such perfection as never any people could ; it is both a glory to the nation , and also to this author , who hath first decipher'd it . i now make my approach to the book it self : the title is , a treatise of monarchy . the first part of it is , of monarchy in general : where first , i charge the author , that he hath not given us any definition or description of monarchy in general : for by the rules of method he should have first defined , and then divided : for if there be several sorts of monarchy , then in something they must agree , which makes them to be monarchies ; and in something they must disagree and differ , which makes them to be several sorts of monarchies . in the first place he should have shewed us in what they all agreed , which must have been a definition of monarchy in general , which is the foundation of the treatise ; and except that be agreed upon , we shall argue upon we know not what . i press not this main omission of our author out of any humour of wrangling , but because i am confident that had he pitched upon any definition of monarchy in general , his own definition would have confuted his whole treatise : besides , i find him pleased to give us a handsome definition of absolute monarchy , from whence i may infer , that he knew no other definition that would have fitted all his other sorts of monarchy ; it concerned him to have produced it , lest it might be thought there could be no monarchy but absolute . what our author hath omitted , i shall attempt to supply , and leave to the scanning . and it shall be a real as well as nominal definition of monarchy . a monarchy is the government of one alone . for the better credit of this definition , though it be able to maintain it self , yet i shall deduce it from the principles of our author of the treatise of monarchy . we all know that this word monarch is compounded of two greek words , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 is imperare , to govern and rule ; 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 signifies one alone . the understanding of these two words may be picked out of our author . first , for government he teacheth us , it is potestatis exercitium , the exercise of a moral power ; next he grants us , that every monarch ( even his limited monarch ) must have the supream power of the state in him , so that his power must no way be limited by any power above his ; for then he were not a monarch , but a subordinate magistrate . here we have a fair confession of a supream unlimited power in his limited monarch : if you will know what he means by these words supream power , turn to his page , there you will finde , supream power is either legislative , or gubernative , and that the legislative power is the chief of the two ; he makes both supream , and yet one chief : the like distinction he hath before , where he saith , the power of magistracy , in respect of its degrees , is nomothetical or architectonical ; and gubernative or executive : by these words of legislative , nomothetical , and architectonical power , in plain english , he understands a power of making laws ; and by gubernative and executive , a power of putting those laws in execution , by judging and punishing offenders . the result we have from hence is , that by the authors acknowledgment , every monarch must have the supream power , and that supream power is , a power to make laws : and howsoever the author makes the gubernative and executive power a part of the supream power ; yet he confesseth the legislative to be chief , or the highest degree of power , for he doth acknowledge degrees of supream power ; nay , he afterwards teacheth us , that the legislative power is the height of power , to which the other parts are subsequent and subservient : if gubernative be subservient to legislative , how can gubernative power be supream ? now let us examime the authors limited monarch by these his own rules ; he tells us , that in a moderated , limited , stinted , conditionate , legal or allayed monarchy , ( for all these terms he hath for it ) the supream power must be restrained by some law according to which this power was given , and by direction of which this power must act ; when in a line before he said , that the monarchs power must not be limited by any power above his : yet here he will have his supream power restrained ; not limited , and yet restrained : is not a restraint , a limitation ? and if restrained , how is it supream ? and if restrained by some law , is not the power of that law , and of them that made that law , above his supream power ? and if by the direction of such law onely he must govern , where is the legislative power , which is the chief of supream power ? when the law must rule and govern the monarch , and not the monarch the law , he hath at the most but a gubernative or executive power : if his authority transcends its bounds , if it command beyond the law , and the subject is not bound legally to subjection in such cases , and if the utmost extent of the law of the land be the measure of the limited monarchs power , and subjects duty , where shall we find the supream power , that culmen or apex potestatis , that prime 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , which our author saith , must be in every monarch : the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , which signifies principality and power , doth also signifie principium , beginning ; which doth teach us , that by the word prince , or principality , the principium or beginning of government is meant ; this , if it be given to the law , it robs the monarch , and makes the law the primum mobile ; and so that which is but the instrument , or servant to the monarch , becomes the master . thus much of the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . the other word is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , solus , one alone : the monarch must not only have the supream power unlimited , but he must have it alone ( without any companions . ) our author teacheth us , he is no monarch if the supream power be not in one . and again he saith , if you put the apex potestatis , or supream power , in the whole body , or a part of it , you destroy the being of monarchy . now let us see if his mixed monarchy be framed according to these his own principles : first , he saith , in a mixed monarchy the soveraign power must be originally in all three estates . and again , his words are , the three estates are all sharers in the supream power — the primity of share in the supream power is in one. here we find , that he that told us the supream power must be in one , will now allow his mixed monarch but one share only of the supream power , and gives other shares to the estates : thus he destroys the being of monarchy , by putting the supream power , or culmen potestatis , or a part of it , in the whole body , or a part thereof ; and yet formerly he confesseth , that the power of magistracy cannot well be divided , for it is one simple thing , or indivisable beam of divine perfection : but he can make this indivisable beam to be divisable into three shares . i have done with the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , solus , alone . i have dwelt the longer upon this definition of monarchy , because the apprehending of it out of the authors own grounds , quite overthrows both his monarch limited by law , and his monarch mixed with the states . for to govern , is to give a law to others , and not to have a law given to govern and limit him that governs : and to govern alone , is not to have sharers or companions mixed with the governor . thus the two words of which monarchy is compounded , contradict the two sorts of monarchy which he pleads for ; and by consequence his whole treatise : for these two sorts of limited and mixed monarchy take up ( in a manner ) his whole book . i will now touch some few particular passages in the treatise . our author first confesseth , it is gods express ordinance there should be government ; and he proves it by gen. . . where god ordained adam to rule over his wife , and her desires were to be subject to his ; and as hers , so all theirs that should come of her . here we have the original grant of government , and the fountain of all power placed in the father of all mankind ; accordingly we finde the law for obedience to government given in the terms of honour thy father : not only the constitution of power in general , but the limitation of it to one kind ( that is , to monarchy , or the government of one alone ) and the determination of it to the individual person and line of adam , are all three ordinances of god. neither eve nor her children could either limit adams power , or joyn others with him in the government ; and what was given unto adam , was given in his person to his posterity . this paternal power continued monarchical to the floud , and after the floud to the confusion of babel : when kingdoms were first erected , planted , or scattered over the face of the world , we finde gen. . . it was done by colonies of whole families , over which the prime fathers had supream power , and were kings , who were all the sons or grand-children of noah , from whom they derived a fatherly and regal power over their families . now if this supream power was setled and founded by god himself in the fatherhood , how is it possible for the people to have any right or title to alter and dispose of it otherwise ? what commission can they shew that gives them power either of limitation or mixture ? it was gods ordinance , that supremacy should be unlimited in adam , and as large as all the acts of his will : and as in him , so in all others that have supream power , as appears by the judgement and speech of the people to ioshuah when he was supream governour , these are their words to him , all that thou commandest us we will do ; whosoever he be that doth rebel against thy commandment , and will not hearken unto thy words in all that thou commandest him , he shall be put to death : we may not say that these were evil councellours or flattering courtiers of ioshuah , or that he himself was a tyrant for having such arbitrary power . our author , and all those who affirm that power is conveyed to persons by publick consent , are forced to confess , that it is the fatherly power that first inables a people to make such conveyance ; so that admitting ( as they hold ) that our ancestors did at first convey power , yet the reason why we now living do submit to such power , is , for that our fore-fathers every one for himself , his family , and posterity , had a power of resigning up themselves and us to a supream power . as the scripture teacheth us that supream power was originally in the fatherhood without any limitation , so likewise reason doth evince it , that if god ordained that supremacy should be , that then supremacy must of necessity be unlimited : for the power that limits must be above that power which is limited ; if it be limited , it cannot be supream : so that if our author will grant supream power to be the ordinance of god , the supream power will prove it self to be unlimited by the same ordinance , because a supream limited power is a contradiction . the monarchical power of adam the father of all flesh , being by a general binding ordinance setled by god in him and his posterity by right of fatherhood , the form of monarchy must be preferr'd above other forms , except the like ordinance for other forms can be shewed : neither may men according to their relations to the form they live under , to their affections and judgments in divers respects , prefer or compare any other form with monarchy . the point that most perplexeth our author and many others , is , that if monarchy be allowed to be the ordinance of god , an absurdity would follow , that we should uncharitably condemn all the communities which have not that form , for violation of gods ordinance , and pronounce those other powers unlawful . if those who live under a monarchy can justifie the form they live under to be gods ordinance , they are not bound to forbear their own justification , because others cannot do the like for the form they live under ; let others look to the defence of their own government : if it cannot be provd or shewd that any other form of government had ever any lawful beginning , but was brought in or erected by rebellion , must therefore the lawful and just obedience to monarchy be denied to be the ordinance of god ? to proceed with our author ; in the page he saith , the higher power is gods ordinance : that it resideth in one or more , in such or such a way , is from humane designment ; god by no word binds any people to this or that form , till they by their own act bind themselves . because the power and consent of the people in government is the burden of the whole book , and our author expects it should be admitted as a magisterial postulation , without any other proof than a naked supposition ; and since others also maintain that originally power was , or now is in the people , & that the first kings were chosen by the people : they may not be offended , if they be asked in what sence they understand the word [ people ] because this , as many other words , hath different acceptions , being sometimes taken in a larger , otherwhiles in a stricter sence . literally , and in the largest sence , the word people signifies the whole multitude of mankind ; but figu●…tively and synecdochically , it notes many times the ●…ajor part of a multitude , or sometimes the better , or the richer , or the wiser , or some other part ; and oftentimes a very small part of the people , if there be no other apparent opposite party , hath the name of the people by presumption . if they understand that the entire multitude or whole people have originally by nature power to chuse a king , they must remember , that by their own principles and rules , by nature all mankind in the world makes but one people , who they suppose to be born alike to an equal freedome from subjection ; and where such freedome is , there ●…ll things must of necessity be common : and therefore without a joynt consent of the whole people ●…f the world , no one thing can be made proper 〈◊〉 any one man , but it will be an injury , and an ●…urpation upon the common right of all others . ●…rom whence it follows , that natural freedome be●…ing once granted , there cannot be any one man ●…osen a king without the universal consent of all the people of the world at one instant , nemine contradicente . nay , if it be true that nature hath made all men free ; though all mankind should concur in one vote , yet it cannot seem reasonable , that they should have power to alter the law of nature ; for if no man have power to take away his own life without the guilt of being a murtherer of himself , how can any people confer such a power as they have not themselves upon any one man , without being accessories to their own deaths , and every particular man become guilty of being felo de se ? if this general signification of the word people be disavowed , and men will suppose that the people of particular regions or countries have power and freedome to chuse unto themselves kings ; then let them but observe the consequence : since nature hath not distinguished the habitable world into kingdomes , nor determined what part of a people shall belong to one kingdome , and what to another , it follows , that the original freedome of mankind being supposed , every man is at liberty to be of what kingdome he please , and so every petty company hath a right to make a kingdom by it self ; and not onely every city , but every village , and every family , nay and every particular man , a liberty to chuse himself to be his own king if he please ; and he were a madman that being by nature free , would chuse any man but himself to be his own governour . thus to avoid the having but of one king of the whole world , we shall run into a liberty of having as many kings as there be men in the world , which upon the matter , is to have no king at all , but to leave all men to their natural liberty , which is the mischief the pleaders for natural liberty do pretend they would most avoid . but if neither the whole people of the world , nor the whole people of any part of the world be meant , but only the major part , or some other part of a part of the world ; yet still the objection will be the stronger . for besides that nature hath made no partition of the world , or of the people into distict kingdomes , and that without an universal consent at one and the same instant no partition can be made : yet if it were lawful for particular parts of the world by consent to chuse their kings , nevertheless their elections would bind none to subjection but only such as consented ; for the major part never binds , but where men at first either agree to be so bound , or where a higher power so commands : now there being no higher power than nature , but god himself ; where neither nature nor god appoints the major part to bind , their consent is not binding to any but only to themselves who consent . yet , for the present to gratifie them so far as to admit that either by nature , or by a general consent of all mankind , the world at first was divided into particular kingdomes , and the major part of the people of each kingdome assembled , allowed to chuse their king : yet it cannot truly be said that ever the whole people , or the major part , or indeed any considerable part of the whole people of any nation ever assembled to any such purpose . for except by some secret miraculous instinct they should all meet at one time , and place , what one man , or company of men less than the whole people hath power to appoint either time or place of elections , where all be alike free by nature ? and without a lawful summons , it is most unjust to bind those that be absent . the whole people cannot summon it self ; one man is sick , another is lame , a third is aged , and a fourth is under age of discretion : all these at some time or other , or at some place or other , might be able to meet , if they might chuse their own time and place , as men naturally free should . in assemblies that are by humane politique constitution , the superior power that ordains such assemblies , can regulate and confine them , both for time , place , persons , and other circumstances : but where there is an equality by nature , there can be no superior power ; there every infant at the hour it is born in , hath a like interest with the greatest and wisest man in the world . mankind is like the sea , ever ebbing or flowing , every minute one is born , another dies ; those that are the people this minute , are not the people the next minute , in every instant and point of time there is a variation no one time can be indifferent for all mankind to assemble ; it cannot but be mischievous always at the least to all infants , and others under age of discretion ; not to speak of women , especially virgins , who by birth have as much natural freedome as any other , and therefore ought not to lose their liberty without their own consent . but in part of salve this , it will be said that infants and children may be concluded by the votes of their parents . this remedy may cure some part of the mischief , but it destroys the whole cause ▪ and at last stumbles upon the true original of government . for if it be allowed , that the acts of parents bind the children , then farewel the doctrine of the natural freedome of mankind ; where subjection of children to parents is natural , there can be no natural freedome . if any reply , that not all children shall be bound by their parents consent , but onely those that are under age : it must be considered , that in nature there is no nonage ; if a man be not born free , she doth not assign him any other time when he shall attain his freedome : or if she did , then children attaining that age , should be discharged of their parents contract . so that in conclusion , if it be imagined that the people were ever but once free from subjection by nature , it will prove a meer impossibility ever lawfully to introduce any kind of government whatsoever , without apparent wrong to a multitude of people . it is further observable , that ordinarily children and servants are far a greater number than parents and masters ; and for the major part of these to be able to vote and appoint what government or governours their fathers and masters shall be subject unto , is most unnatural , and in effect to give the children the government over their parents . to all this it may be opposed , what need dispute how a people can chuse a king , since there be multitude of examples that kings have been , and are now adays chosen by their people ? the answer is , . the question is not of the fact , but of the right , whether it have been done by a natural , or by an usurped right . . many kings are , and have bin chosen by some small part of a people ; but by the the whole , or major part of a kingdom not any at all . most have been elected by the nobility , great men , and princes of the blood , as in poland , denmarke , and in sweden ; not by any collective or representative body of any nation : sometimes a sactious or seditious city , or a mutinous army hath set up a king , but none of all those could ever prove they had right or just title either by nature , or any otherwise , for such elections . we may resolve upon these two propositions : . that the people have no power or right of themselves to chuse kings . . if they had any such right , it is not possible for them any way lawfully to exercise it . you will say , there must necessarily be a right in somebody to elect , in case a king die without an heir . i answer , no king can die without an heir , as long as there is any one man living in the world . it may be the heir may be unknown to the people ; but that is no fault in nature , but the negligence or ignorance of those whom it concerns . but if a king could die without an heir , yet the kingly power in that case shall not escheat to the whole people , but to the supream heads and fathers of families ; not as they are the people , but quatenus they are fathers of people , over whom they have a supream power devolved unto them after the death of their soveraign ancestor : and if any can have a right to chuse a king , it must be these fathers , by conferring their distinct fatherly powers upon one man alone . chief fathers in scripture are accounted as all the people , as all the children of israel , as all the congregation , as the text plainly expounds it self , chr. . . where solomon speaks to all israel , that is , to the captains ▪ the iudges , and to every governour , the chief of the fathers : and so the elders of israel are expounded to be the chief of the fathers of the children of israel , king. . . and the chr. . . if it be objected , that kings are not now ( as they were at the first planting or peopling of the world ) the fathers of their people or kingdoms , and that the fatherhood hath lost the right of governing ; an answer is , that all kings that now are , or ever were , are , or were either fathers of their people , or the heirs of such fathers , or usurpers of the right of such fathers . it is a truth undeniable , that there cannot be any multitude of men whatsoever , either great , or small , though gathered together from the several corners and remotest regions of the world , but that in the same multitude , considered by it self , there is one man amongst them that in nature hath a right to be the king of all the rest , as being the next heir to adam , and all the others subject unto him : every man by nature is a king , or a subject : the obedience which all subjects yeild to kings , is but the paying of that duty which is due to the supream fatherhood : many times by the act either of an usurper himself , or of those that set him up , the true heir of a crown is dispossessed , god using the ministry of the wickedest men for the removing and setting up of kings : in such cases the subjects obedience to the fatherly power must go along and wait upon gods providence , who only hath right to give and take away kingdomes , and thereby to adopt subjects into the obedience of another fatherly power : according to that of arist. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a monarchy or kingdom will be a fatherly government . ethic. l. . c. . however the natural freedome of the people be cried up as the sole means to determine the kind government and the governours : yet in the close , all the favourers of this opinion are constrained to grant that the obedience which is due to the fatherly power is the true and only cause of the subjection which we that are now living give to kings , since none of us gave consent to government , but only our fore-fathers act and consent hath concluded us . whereas many confess that government only in the abstract is the ordinance of god , they are not able to prove any such ordinance in the scripture , but only in the fatherly power , and therefore we find the commandment that enjoyns obedience to superiours , given in the terms of honour thy father : so that not onely the power or right of government , but the form of the power of governing , and the person having that power , are all the ordinance of god : the first father had not only simply power , but power monarchical , as he was a father , immediately from god. for by the appointment of god , as soon as adam was created he was monarch of the world , though he had no subjects ; for though there could not be actual government until there were subjects , yet by the right of nature it was due to adam to be governour of his posterity : though not in act , yet at least in habit , adam was a king from his creation : and in the state of innocency he had been governour of his children ; for the integrity or excellency of the subjects doth not take away the order or eminency of the governour . eve was subject to adam before he sinned ; the angels , who are of a pure nature , are subject to god : which confutes their saying , who in disgrace of civil government or power say it was brought in by sin : government as to coactive power was after sin , because coaction supposeth some disorder , which was not in the state of innocency : but as for directive power , the condition of humane nature requires it , since civil society cannot be imagined without power of government : for although as long as men continued in the state of innocency they might not need the direction of adam in those things which were necessarily and morally to be done ; yet things indifferent , that depended meerly on their free will , might be directed by the power of adams command . if we consider the first plantations of the world which were after the building of babel when the confusion of tongues was , we may find the division of the earth into distinct kingdomes and countries , by several families , whereof the sons or grand-children of noah were the kings or governours by a fatherly right ; and for the preservation of this power and right in the fathers , god was pleased upon several families to bestow a language on each by it self , the better to unite it into a nation or kingdom ; as appears by the words of the text , gen. . these are the families of the sons of noah , after their generations in their nations , and by these were the nations divided in the earth after the floud : every one after his tongue , after their families in their nations . the kings of england have been gratiously pleased to admit and accept the commons in parliament as the representees of the kingdom , yet really and truly they are not the representative body of the whole kingdom . the commons in parliament are not the representative body of the whole kingdom ; they do not represent the king , who is the head and principal member of the kingdom ; nor do they represent the lords , who are the nobler and higher part of the body of the realm , and are personally present in parliament , and therefore need no representation . the commons onely represent a part of the lower 〈◊〉 inferior part of the body of the people , which are the free-holders worth s. by the year , and the commons or free-men of cities and burroughs , or the major part of them . all which are not one quarter , nay , not a tenth part of the commons of the kingdom ; for in every parish , for one free-holder there may be found ten that are no free-holders : and anciently before rents were improved , there were nothing neer so many free-holders of s. by the year as now are to be found . the scope and conclusion of this discourse and argument is , that the people taken in what notion or sense soever , either diffusively , collectively , or representatively , have not , nor cannot exercise any right or power of their own by nature , either in chusing or in regulating kings . but whatsoever power any people doth lawfully exercise , it must receive it from a supream power on earth , and practice it with such limitations as that superior power shall appoint . to return to our author . he divides monarchy into absolute , limited . absolute monarchy ( saith he ) is , when the soveraignty is so fully in one , that it hath no limits or bounds under god but his own will. this definition of his i embrace . and as before i charged our author for not giving us a definition of monarchy in general , so i now note him for not affording us any definition of any other particular ●…nd of monarchy but onely of absolute : it may peradventure make some doubt that there is no other sort but only that which he calls absolute . concerning absolute monarchy , he grants , that such were the antient eastern monarchies , and that of the turk and persian at this day . herein he saith very true . and we must remember him , though he do not mention them , that the monarchs of iudah and israel must be comprehended under the number of those he calls the eastern monarchies : and truly if he had said that all the antient monarchies of the world had been absolute , i should not have quarreld at him , ●…or do i know who could have disproved him . next it follows , that absolute monarchy is , when 〈◊〉 people are absolutely resigned up , or resign up themselves to be governed by the will of one man where men put themselves into this utmost degree of subjection by oath and contract , or are born and brought unto it by gods providence . in both these places he acknowledgeth there may be other means of obtaining a monarchy , besides the contract of a nation or peoples resigning up themselves to be governed , which is contrary to what he after saies , that the sole mean or root of all soveraignty , is the consent and fundamental contract of a nation of men . moreover , the author determines , that absolute monarchy is a lawful government , and that men may be born and brought unto it by gods providence ; it binds them , and they must abide it , because an oath to a lawful thing is obligatory . this position of his i approve , but his reason doth not satisfie ; for men are bound to obey a lawful governour , though neither they nor their ancestors ever took oath . then he proceeds , & confesseth that in rom. . the power which then was , was absolute : yet the apostle not excluding it , calls it gods ordinance , and commands subjection to it . so christ commands tribute to be paid , and pays it himself ; yet it was an arbitrary tax , the production of an absolute power . these are the loyal expressions of our author touching absolute or arbitrary monarchy . i do the rather mention these passages of our author , because very many in these days do not stick to maintain , that an arbitrary or absolute monarch not limited by law , is all one with a tyrant ; and to be governed by one mans will , is to be made a slave . it is a question whether our author be not of that minde , when he saith , absolute subjection is servitude : and thereupon a late friend to limited monarchy affirms in a discourse upon the question in debate be-between the king and parliament , that to make a king by the standard of gods word , is to make the subjects slaves for conscience sake . a hard saying , and i doubt whether he that gives this censure can be excused from blasphemy . it is a bold speech , to condemn all the kings of iudah for tyrants , or to say all their subjects were slaves . but certainly the man doth not know neither what a tyrant is , or what a slave is : indeed the words ●…re frequent enough in every mans mouth , and our old english translation of the bible useth sometimes the word tyrant ; but the authors of our new translation have been so careful , as not once to use the word , but onely for the proper name of a man , act. . . because they find no hebrew word in the scripture to signifie a tyrant or a slave . neither aristotle , bodin , nor sir walter rawleigh , ( who were all men of deep judgement ) can agree in a definition or description of tyranny , though they have all three laboured in the point . and i make some question whether any man can possibly describe what a tyrant is , and then tell me any one man that ever was in the world that was a tyrant according to that description . i return again to our treatise of monarchy , where i find three degrees of absolute monarchy . . where the monarch , whose will is the law , doth set himself no law to rule by , but by commands of his 〈◊〉 judgement as he thinks fit . . when he sets a law by which he will ordina●…ily govern , reserving to himself a liberty to vary from it as oft as in his discretion he thinks fit ; and in this the soveraign is as free as the former . . where he not onely sets a rule , but promiseth in many cases not to alter it ; but this promise or engagement is an after-condescent or act of grace , not dissolving the absolute oath of subjection which went before it . for the first of these three , there is no question but it is a pure absolute monarchy ; but as for the other two , though he say they be absolute , yet in regard they set themselves limits or laws to govern by , if it please our author to term them limited monarchs , i will not oppose him ; yet i must tell him , that his third degree of absolute monarchy is such a kind , as i believe , never hath been , nor ever can be in the world . for a monarch to promise and engage in many cases not to alter a law , it is most necessary that those many cases should be particularly expressed at the bargain making . now he that understands the nature and condition of all humane laws , knows that particular cases are infinite , and not comprehensible within any rules or laws : and if many cases should be comprehended , and many omitted , yet even those that were comprehended would admit of variety of interpretations and disputations ; therefore our author doth not , nor can tell us of any such reserved cases promised by any monarch . again , where he saith , an after-condescent or act of grace doth not dissolve the absolute oath of subjection which went before it ; though in this he speak true , yet still he seems to insinuate , that an oath onely binds to subjection , which oath , as he would have us believe , was at first arbitrary : whereas subjects are bound to obey monarchs though they never take oath of subjection , as well as childen are bound to obey their parents , though they never swear to do it . next , his distincton between the rule of power , and the exercise of it , is vain ; for to rule , is to exercise power : for himself saith , that government is potestatis exercitium , the exercise of a moral power ▪ lastly , whereas our author saith , a monarch cannot break his promise without sin ; let me add , that if the safety of the people , salus populi , require a breach of the monarchs promise , then the sin , if there be any , is rather in the making , than breaking of the promise ; the safety of the people is an exception implied in every monarchical promise . but it seems these three degrees of monarchy do not satisfie our author ; he is not content to have a monarch have a law or rule to govern by , but he must have this limitation or law to be ab externo , from somebody else , and not from the determination of the monarchs own will ; and therefore he saith , by original constitution the society publick confers on one man a power by limited contract , resigning themselves to be governed by such a law : also before he told us , the sole means of soveraignty is the consent and fundamental contract ; which consent puts them in their power , which can be no more nor other than is con●…eyed to them by such contract of subjection . if the sole means of a limited monarchy be the consent and fundamental contract of a nation , how is it that he saith , a monarch may be limited by after-condescent ? is an after-condescent all one with a fundamental contract , with original and radical constitution ? why yea : he tells us it is a secundary original constitution , a secundary original , that is , a second first : and if that condescent be an act of grace , doth not this condescent to a limitation come from the free determination of the monarchs will ? if he either formally , or virtually ( as our author supposeth ) desert his absolute or arbitrary power which he hath by conquest , or other right . and if it be from the free will of the monarch , why doth he say the limitation must be ab externo ? he told us before , that subjection cannot be dissolved or lessen'd by an act of grace coming afterwards : but he hath better bethought himself , and now he will have acts of grace to be of two kinds , and the latter kind may amount ( as he saith ) to a resignation of absolute monarchy . but can any man believe that a monarch who by conquest or other right hath an absolute arbitrary power , will voluntarily resigne that absoluteness , and accept so much power onely as the people shall please to give him , and such laws to govern by as they shall make choice of ? can he shew that ever any monarch was so gracious or kind-hearted as to lay down his lawful power freely at his subjects feet ? is it not sufficient grace if such an absolute monarch be content to set down a law to himself by which he will ordinarily govern , but he must needs relinquish his old independent commission , and take a new one from his subjects , clog'd with limitations ? finally , i observe , that howsoever our author speak big of the radical , fundamental , and original power of the people as the root of all soveraignty : yet in a better moode he will take up , and be contented with a monarchy limited by an after-condescent and act of grace from the monarch himself . thus i have briefly touched his grounds of limited monarchy ; if now we shall ask , what proof or examples he hath to justifie his doctrine , he is as mute as a fish : onely pythagoras hath said it , and we must believe him ; for though our author would have monarchy to be limited , yet he could be content his opinion should be absolute , and not limited to any rule or example . the main charge i have against our author now remains to be discussed ; and it is this , that instead of a treatise of monarchy , he hath brought forth a treatise of anarchy , and that by his own confessions shall be made good . first , he holds , a limited monarch transcends his bounds if he commands beyond the law ; and the subject legally is not bound to subjection in such cases . now if you ask the author who shall be judge whether the monarch transcend his bounds , and of the excesses of the soveraign power ; his answer is , there is an impossibility of constituting a judge to determine this last controversie . — i conceive in a limited legal monarchy there can be no stated internal iudge of the monarchs actions , if there grow a fundamental ●…riance betwixt him and the community . there can be no iudge legal and constituted within that form of government . in these answers it appears , there is no judge to determine the soveraigns or the monarchs transgressing his fundamental limits : yet our author is very cautelous , and supposeth onely a fundamental variance betwixt the monarch and the community ; he is ashamed to put the question home . i demand of him if there be a variance betwixt the monarch and any of the meanest persons of the community , who shall be the judge ? for instance , the king commands me , or gives judgement against me : i reply , his commands are illegal , and his judgment not according to law : who must judge ? if the monarch himself judge , then you destroy the frame of the state , and make it absolute , saith our author ; and he gives his reason : for , to define a monarch to a law , and then to make him judge of his own deviations from that law , is to absolve him from all law. on the other side , if any , or all the people may judge , then you put the soveraignty in the whole body , or part of it , and destroy the being of monarchy . thus our author hath caught himself in a plain dilemma : if the king be judge , then he is no limited monarch ; if the people be judge , then he is no monarch at all . so farewell limited monarchy , nay farewell all government if there be no judge . would you know what help our author hath found out for this mischief ? first , he saith , that a subject is bound to yield to a magistrate , when he cannot , de jure , challenge obedience , if it be in a thing in which he can possibly without subversion , and in which his act may not be made a leading case , and so bring on a prescription against publick liberty : again he saith , if the act in which the exorbitance or transgression of the monarch is supposed to be , b●… of lesser moment , and not striking at the very being of that government , it ought to be born by publick patience , rather than to endanger the being of the state. the like words he uses in another place , saying , if the will of the monarch exceed the limits of the law , it ought to b●… submitted to , so it be not contrary to gods law nor bring with it such an evil to our selves , or the publick , that we cannot be accessary to it by obeying . these are but fig-leaves to cover the nakedness of our authors limited monarch , formed upon weak supposals in cases of lesser moment . for if the monarch be to govern onely according to law , no transgression of his can be of so small moment if he break the bounds of law , but it is a subversion of the government it self , and may be made a leading case , and so bring on a prescription against publick liberty ; it strikes at the very being of the government , and brings with it such an evil , as the party that suffers , or the publick cannot be accessory to : let the case be never so small , yet if there be illegality in the act , it strikes ●…t the very being of limited monarchy , which is to be legal : unless our author will say , as in effect he doth , that his limited monarch must govern according to law in great and publick matters onely , and that in smaller matters which concern private men , or poor persons , he may rule according to his own will. secondly , our author tells us , if the monarchs act of exorbitancy or transgression be mortal , and such as suffered dissolves the frame of government and publick liberty , then the illegality is to be s●…t open , and redresment sought by petition ; which if failing , prevention by resistance ought to be : and if it be apparent , and appeal be made to the consciences of mankind , then the fundamental laws of that monarchy must judge and pronounce the sentence in every mans conscience , and every man ( so far as concerns him ) must follow the evidence of truth in his own soul to oppose or not to oppose , according as he can in conscience acquit or condemn the act of the governour or monarch . whereas my author requires , that the destructive nature of illegal commands should be set open : surely his mind is , that each private man in his particular case should make a publick remonstrance to the world of the illegal act of the monarch ; and then if upon his petition he cannot be relieved according to his desire , he ought , or it is his duty to make resistance . here i would know , who can be the judge whether the illegality be made apparent ? it is a main point , since every man is prone to flatter himself in his own cause , and to think it good , and that the wrong or injustice he suffers is apparent , when other moderate and indifferent men can discover no such thing : and in this case the judgement of the common people cannot be gathered or known by any possible means ; or if it could , it were like to be various and erronious . yet our author will have an appeal made to the conscience of all man-kind , and that being made , he concludes , the fundamental laws must judge , and pronounce sentence in every mans conscience . whereas he saith , the fundamental laws must judge ; i would very gladly learn of him , or of any other for him , what a fundamental law is , or else have but any one law named me that any man can say is a fundamental law of the monarchy . i confess he tells us , that the common laws are the foundation , and the statute laws are superstructive ; yet i think he dares not say that there is any one branch or part of the common law , but that it may be taken away by an act of parliament : for many points of the common law ( de facto ) have , and ( de jure ) any point may be taken away . how can that be called fundamental , which hath and may be removed , and yet the statute-laws stand firm and stable ? it is contrary to the nature of fundamental , for the building to stand when the foundation is taken away . besides , the common law is generally acknowledged to be nothing else but common usage or custome , which by length of time onely obtains authority : so that it follows in time after government , but cannot go before it , and be the rule to government , by any original or radical constitution . also the common law being unwritten , doubtful , and difficult , cannot but be an uncertain rule to govern by ; which is against the nature of a rule , which is and ought to be certain . lastly , by making the common law onely to be the foundation , magna charta is excluded from being a fundamental law , and also all other statutes from being limitations to monarchy , since the fundamental laws onely are to be judge . truly the conscience of all man-kind is a pretty large tribunal for the fundamental laws to pronounce sentence in . it is very much that laws which in their own nature are dumb , and always need a judge to pronounce sentence , should now be able to speak , and pronounce sentence themselves : such a sentence surely must be upon the hearing of one party onely ; for it is impossible for a monarch to make his defence and answer , and produce his witnesses , in every mans conscience , in each mans cause , who will but question the legality of the monarchs government . certainly the sentence cannot but be unjust , where but one mans tale is heard . for all this , the conclusion is , every man must oppose or not oppose the monarch according to his own conscience . thus at the last , every man is brought , by this doctrine of our authors , to be his own judge . and i also appeal to the consciences of all man-kind , whether the end of this be not utter confusion , and anarchy . yet after all this , the author saith , this power of every mans judging the illegal acts of the monarch , argues not a superiority of those who judge over him who is judged ; and he gives a profound reason for it ; his words are , it is not authoritative and civil , but moral , residing in reasonable creatures , and lawful for them to execute . what our author means by these words , ( not authoritative and civil , but moral ) perhaps i understand not , though i think i do ; yet it serves my turn that he saith , that resistance ought to be made , and every man must oppose or not oppose , according as in conscience he can acquit or condemn the acts of his governour ; for if it enable a man to resist and oppose his governour , without question 't is authoritative and civil . whereas he adds , that moral judgment is residing in reasonable creatures , and lawful for them to execute ; he seems to imply , that authoritative , and civil judgement doth not reside in reasonable creatures , nor can be lawfully executed : such a conclusion fits well with anarchy ; for he that takes away all government , and leaves every man to his own conscience , and so makes him an independent in state , may well teach that authority resides not in reasonable creatures , nor can be lawfully executed . i pass from his absolute and limited monarchy , to his division or partition ( for he allows no division ) of monarchy into simple and mixed , viz. of a monarch , the nobility , and community . where first , observe a doubt of our authors , whether a firm union can be in a mixture of equality ; he rather thinks there must be a priority of order in one of the three , or else there can be no unity . he must know , that priority of order doth not hinder , but that there may be an equality of mixture , if the shares be equal ; for he that hath the first share may have no more than the others : so that if he will have an inequality of mixture , a primity of share will not serve the turn : the first share must be greater or better than the others , or else they will be equal , and then he cannot call it a mixed monarchy , where onely a primity of share in the supream power is in one : but by his own confession he may better call it a mixed aristocracy or mixed democracy , than a mixed monarchy , since he tells us , the houses of parliament sure have two parts of the greatest legislative authority ; and if the king have but a third part , sure their shares are equal . the first step our author makes , is this , the soveraign power must be originally in all three ▪ next he finds , that if there be an equality of shares in three estates , there can be no ground to denominate a monarch ; and then his mixed monarch might be thought but an empty title : therefore in the third place he resolves us , that to salve all , a power must be sought out wherewith the monarch must be invested , which is not so great as to destroy the mixture , nor so titular as to destroy the monarchy ; and therefore he conceives it may be in these particulars . first , a monarch in a mixed monarchy may be said to be a monarch ( as he conceives ) if he be the head and fountain of the power which governs and executes the established laws ; that is , a man may be a monarch , though he do but give power to others to govern and execute the established laws : thus he brings his monarch one step or peg ▪ lower still than he was before : at first he made us believe his monarch should have the supream power , which is the legislative ; then he falls from that , and tells us , a limited monarch must govern according to law onely ; thus he is brought from the legislative to the gubernative or executive power onely ; nor doth he stay here , but is taken a hole lower , for now he must not govern , but he must constitute officers to govern by laws ; if chusing officers to govern be governing , then our author will allow his monarch to be a governour , not else : and therefore he that divided supream power into legislative and gubernative , doth now divide it into legislative , and power of constituting officers for governing by laws ; and this he saith is left to the monarch . indeed you have left him a fair portion of power , but are we sure he may enjoy this ? it seems our author is not confident in this neither , and some others do deny it him : our author speaking of the government of this kingdome , saith , the choice of the officers is intrusted to the judgment of the monarch for ought i know : he is not resolute in the point ; but for ought he knows , and for ought i know , his monarch is but titular , an empty title , certain of no power at all . the power of chusing officers onely , is the basest of all powers . aristotle ( as i remember ) saith , the common people are fit for nothing but to chuse officers , and to take accompts : and indeed , in all popular governments the multitude perform this work : and this work in a king puts him below all his subjects , and makes him the onely subject in a kingdome , or the onely man that cannot govern : there is not the poorest man of the multitude but is capable of some office or other , and by that means may sometime or other perhaps govern according to the laws ; onely the king can be no officer , but to chuse officers ; his subjects may all govern , but he may not . next , i cannot see how in true sence our author can say , his monarch is the head and fountain of power , since his doctrine is , that in a limited monarchy , the publick society by original constitution confer on one man power : is not then the publick society the head and fountain of power , and not the king ? again , when he tells us of his monarch , that both the other states , as well conjunctim as divisim , be his sworn subjects , and owe obedience to his commands : he doth but flout his poor monarch ; for why are they called his subjects and his commons ? he ( without any complement ) is their subject ; for they , as officers , may govern and command according to law : but he may not , for he must judge by his judges in courts of justice onely : that is , he may not judge or govern at all . . as for the second particular , the sole or chief power in capacitating persons for the supream power . and . as to this third particular , the power of convocating such persons , they are both so far from making a monarch , that they are the onely way to make him none , by choosing and calling others to share in the supream power . . lastly , concerning his authority being the last and greatest in the establishing every act , it makes him no monarch , except he be sole that hath that authority ; neither his primity of share in the supream power , nor his authority being last , no , nor his having the greatest authority , doth make him a monarch , unless he have that authority alone . besides , how can he shew that in his mixed monarchy the monarchs power is the greatest ? the greatest share that our author allows him in the legislative power , is a negative voice , and the like is allowed to the nobility and commons : and truely , a negative voice is but a base term to express a legislative power ; a negative voice is but a privative power , or indeed , no power at all to do any thing , onely a power to hinder an act from being done . wherefore i conclude , not any of his four , nor all of them put into one person , makes the state monarchical . this mixed monarchy , just like the limited , ends in confusion and destruction of all government : you shall hear the authors confession , that one inconvenience must necessarily be in all mixed governments , which i shewed to be in limited governments ; there can be no constituted legal authoritative iudge of the fundamental controversies arising between the three estates : if such do rise , it is the fatal disease of those governments , for which no salve can be applyed it is a case beyond the possible provision of such a government ; of this question there is no legal judge . the accusing side must make it evident to every mans conscience . — the appeal must be to the community , as if there were no government ; and as by evidence consciences are convinced , they are bound to give their assistance . the wit of man cannot say more for anarchy . thus have i picked out the flowers out of his doctrine about limited monarchy , and presented them with some brief annotations ; it were a tedious work to collect all the learned contradictions , and ambiguous expressions that occur in every page of his platonick monarchy ; the book hath so much of fancy , that it is a better piece of poetry then policy . because many may think , that the main doctrine of limited and mixed monarchy may in it self be most authentical , and grounded upon strong and evident reason , although our author perhaps have failed in some of his expressions , and be liable to exceptions : therefore i will be bold to enquire , whether aristotle could find either reason or example , of a limited or mixed monarchy ; and the rather , because i find our author altogether insists upon a rational way of justifying his opinion . no man i think will deny , but that aristotle was sufficiently curious in searching out the several forms of common-wealths and kingdoms ; yet i do not find , that he ever so much as dreamed of either a limited or mixed monarchy . several other sorts of monarchies he reckons up : in the third book of his politicks , he spends three whole chapters together , upon the several kinds of monarchy . first , in his fourteenth chapter he mentions four kinds of monarchy . the laconique or lacedemonian . the barbarique . the aesymnetical . the heroique . the laconique or lacedemonian king , ( saith he ) had onely supream power when he was out of the bounds of the lacedemonian territories ; then he had absolute power , his kingdom was like to a perpetual lord general of an army . the barbarique king ( saith aristotle ) had a power very near to tyranny ; yet they were lawful and paternal , because the barbarians are of a more servile nature than the grecians , and the asiatiques than the europeans ; they do willingly , without repining , live under a masterly government ; yet their government is stable and safe , because they are paternal and lawful kingdoms , and their guards are royal and not tyrannical : for kings are guarded by their own subjects , and tyrants are guarded by strangers . the aesymnetical king ( saith arist. ) in old time in greece , was an elective tyrant , and differed onely from the barbarian kings , in that he was elective and not paternal ; these sorts of kings , because they were tyrannical , were masterly ; but because they were over such as voluntarily elected them , they were regal . the heroique were those ( saith aristotle ) which flourished in the heroical times , to whom the people did willingly obey ; and they were paternal and lawful , because these kings did deserve well of the multitude , either by teaching them arts , or by warring for them , or by gathering them together when they were dispersed , or by dividing lands amongst them : these kings had supreme power in war , in sacrifices , in iudicature . these four sorts of monarchy hath aristotle thus distinguished , and after sums them up together , and concludes his chapter as if he had forgot himself , and reckons up a fifth kind of monarchy ; which is , saith he , when one alone hath supream power of all the rest : for as there is a domestical kingdom of one house , so the kingdom of a city , or of one or many nations , is a family . these are all the sorts of monarchy that aristotle hath found out , and he hath strained hard to make them so many : first , for his lacedemonian king , himself confesseth that he was but a kind of military commander in war , and so in effect no more a king than all generals of armies : and yet this no-king of his was not limited by any law , nor mixed with any companions of his government : when he was in the wars out of the confines of lacedemon , he was , as aristotle stiles him , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , of full and absolute command , no law , no companion to govern his army but his own will. next , for aristotles aesymnetical king , it appears , he was out of date in aristotles time , for he saith , he was amongst the antient greeks , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 aristotle might well have spared the naming him , ( if he had not wanted other sorts ) for the honour of his own nation : for he that but now told us the barbarians were of a more servile nature than the grecians , comes here , and tells us , that these old greek kings were elective tyrants . the barbarians did but suffer tyrants in shew , but the old grecians chose tyrants indeed ; which then must we think were the greater slaves , the greeks or the barbarians ? now if these sorts of kings were tyrants , we cannot suppose they were limited either by law , or joyned with companions : indeed arist. saith , some of these tyrants were limited to certain times and actions , for they had not all their power for term of life , nor could meddle but in certain businesses ; yet during the time they were tyrants , and in the actions whereto they were limited , they had absolute power to do what they list according to their own will , or else they could not have been said to be tyrants . as for aristotles heroick king , he gives the like note upon him , that he did upon the aesymnet , that he was in old time 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in the heroick times . the thing that made these heroical kingdoms differ from other sorts of kingdoms , was only the means by which the first kings obtained their kingdoms , and not the manner of government , for in that they were as absolute as other kings were , without either limitation by law , or mixture of companions . lastly , as for arist. barbarick sort of kings , since he reckoned all the world barbarians except the grecians , his barbarick king must extend to all other sorts of kings in the world , besides those of greece , and so may go under aristotles fifth sort of kings , which in general comprehends all other sorts , and is no special form of monarchy . thus upon a true accompt it is evident , that the five several sorts of kings mentioned by aristotle , are at the most but different and accidental means of the first obtaining or holding of monarchies , and not real or essential differences of the manner of government , which was always absolute , without either limitation or mixture . i may be thought perhaps to mistake , or wrong aristotle , in questioning his diversities of kings ; but it seems aristotle himself was partly of the same mind ; for in the very next chapter , when he had better considered of the point , he confessed , that to speak the truth , there were almost but two sorts of monarchies worth the considering , that is , his first or laconique sort , and his fifth or last sort , where one alone hath supream power over all the rest : thus he hath brought his five sorts to two . now for the first of these two , his lacedemonian king , he hath confessed before , that he was no more than a generalissimo of an army , and so upon the matter no king at all : and then there remains onely his last sort of kings , where one alone hath the supream power . and this in substance is the final resolution of aristotle himself : for in his sixteenth chapter , where he delivers his last thoughts touching the kinds of monarchy , he first dischargeth his laconick king from being any sort of monarchy , and then gives us two exact rules about monarchy ; and both these are pointblank against limited and mixed monarchy ; therefore i shall propose them to be considered of , as concluding all monarchy to be absolute and arbitrary . . the one rule is , that he that is said to be a king according to law , is no sort of government or kingdom at all : 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . the second rule is , that a true king is he that ruleth all according to his own will , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . this latter frees a monarch from the mixture of partners or sharers in government , as the former rule doth from limitation by laws . thus in brief i have traced aristotle in his crabbed and broken passages , touching diversities of kings ; where he first finds but four sorts , and then he stumbles upon a fifth ; and in the next chapter contents himself onely with two sorts of kings , but in the chapter following concludes with one , which is the true perfect monarch , who rules all by his own will : in all this we find nothing for a regulated or mixed monarchy , but against it . moreover , whereas the author of the treatise of monarchy affirms it as a prime principle , that all monarchies , ( except that of the iews ) depend upon humane designment , when the consent of a society of men , and a fundamental contract of a nation , by original or radical constitution confers power ; he must know that arist. searching into the original of government , shews himself in this point a better divine than our author ; and as if he had studied the book of genesis , teacheth , that monarchies fetch their pedigree from the right of fathers , and not from the gift or contract of people ; his words may thus be englished . at the first , cities were governed by kings , and so even to this day are nations also : for such as were under kingly government did come together ; for every house is governed by a king , who is the eldest ; and so also colonies are governed for kindred sake . and immediately before , he tells us , that the first society made of many houses is a village , which naturally seems to be a colony of a house , which some call foster-brethren , or children , and childrens children . so in conclusion we have gained aristotles judgment in three main and essential points . . a king according to law makes no kind of government . . a king must rule according to his own will. . the original of kings , is from the right of fatherhood . what aristotles judgment was two thousand years since , is agreeable to the doctrine of the great modern politician bodin : hear him touching limited monarchy : unto majesty or soveraignty ( saith he ) belongeth an absolute power , not subject to any law — chief power given unto a prince with condition , is not properly soveraignty , or power absolute , except such conditions annexed to the soveraignty , be directly comprehended within the laws of god and nature . — albeit by the sufferance of the king of england , controversies between the king and his people are sometimes determined by the high court of parliament , and sometimes by the lord chief iustice of england ; yet all the estates remain in full subjection to the king , who is no ways bound to follow their advice , neither to consent to their requests . — it is certain , that the laws , priviledges , and grants of princes , have no force but during their life , if they be not ratified by the express consent , or by sufferance of the prince following , especially priviledges . — much less should a prince be bound unto the laws he maketh himself ; for a man may well receive a law from another man , but impossible it is in nature for to give a law unto himself , no more than it is to command a mans self in a matter depending of his own will. the law saith , nulla obligatio consistere potest , quae à voluntate promittentis statum capit . the soveraign prince may derogate unto the laws that he hath promised and sworn to keep , if the equity thereof be ceased ; and that of himself , without the consent of his subjects . — the majesty of a true soveraign prince is to be known , when the estates of all the people assembled , in all humility present their requests and supplications to their prince , without having power in any thing , to command , determine , or give voice , but that that which it pleaseth the king to like or dislike , to command or bid , is holden for law : wherein they which have written of the duty of magistrates have deceived themselves , in maintaining that the power of the people is greater than the prince ; a thing which causeth oft true subjects to revolt from their obedience to their prince , and ministreth matter of great troubles in common-wealths ; of which their opinion there is neither reason nor ground : for if the king be subject unto the assemblies and decrees of the people , he should neither be king nor soveraign , and the common-wealth neither realm nor monarchy , but a meer aristocracie . so we see the principal point of soveraign majesty , and absolute power , to consist principally in giving laws unto the subjects in general without their consent . bodin de rep. l. . c. . to confound the state of monarchy with the popular or aristocratical estate , is a thing impossible , and in effect incompatible , and such as cannot be imagined : for soveraignty being of it self indivisible , how can it at one and the same time be divided betwixt one prince , the nobility , and the people in common ? the first mark of soveraign majesty , is to be of power to give laws , and to command over them unto the subjects ; and who should those subjects be , that should yield their obedience to the law , if they should have also power to make the laws ? who should he be that could give the law ? being himself constrained to receive it of them , unto whom himself gave it ? so that of necessity we must conclude , that as no one in particular hath the power to make the law in such a state , that then the state must needs be a state popular . — never any common-wealth hath been made of an aristocracy and popular estate , much less of the three estates of a common-weal . — such states wherein the rights of soveraignty are divided , are not rightly to be called common-weals , but rather the corruption of commonweals , as herodotus has most briefly but truly written . — common-weals which change their state , the sovereign right and power of them being divided , find no rest from civil wars and broils , till they again recover some one of the three forms , and the soveraignty be wholly in one of the states or other . where the rights of the soveraignty are divided betwixt the prince and his subjects , in that confusion of state there is still endless stirs and quarrels for the superiority , until that some one , some few , or all together , have got the soveraignty . id. lib. . c. . this judgment of bodin's touching limited and mixed monarchy , is not according to the mind of our author , nor yet of the observator , who useth the strength of his wit to overthrow absolute and arbitrary government in this kingdom ; and yet in the main body of his discourse , le ts fall such truths from his pen , as give a deadly wound to the cause he pleads for , if they be indifferently weighed and considered . i will not pick a line or two here and there to wrest against him , but will present a whole page of his book , or more together , that so we may have an entire prospect upon the observators mind : without society ( saith the observator ) men could not live ; without laws men could not be sociable ; and without authority somewhere to judge according to law , law was vain : it was soon therefore provided , that laws according to the dictate of reason , should be ratified by common consent ; when it afterward appeared , that man was yet subject to unnatural destruction , by the tyranny of entrusted magistrates , a mischief almost as fatal , as to be without all magistracy . how to provide a wholsome remedy therefore , was not so easie to be invented : it was not difficult to invent laws for the limiting of supream governours ; but to invent how those laws should be executed , or by whom interpreted , was almost impossible , nam quis custodiet ipsos custodes , to place a superiour above a supream , was held unnatural ; yet what a lifeless thing would law be without any iudge to determine and force it ? if it be agreed upon , that limits should be prefixed to princes and iudges to decree according to those limits , yet another inconvenience will presently affront us : for we cannot restrain princes too far , but we shall disable them from some good : long it was ere the world could extricate it self out of all these extremities , or find out an orderly means whereby to avoid the danger of unbounded prerogative on this hand , and to excessive liberty on the other ; and scarce has long experience yet fully satisfyed the minds of all men in it . in the infancy of the world , when man was not so artificial and obdurate in cruelty and oppression as now , and policy most rude , most nations did choose rather to subject themselves to the meer discretion of their lords , than rely upon any limits ; and so be ruled by arbitrary edicts , than written statutes . but since tyranny being more exquisite , and policy more perfect , especially where learning and religion flourish , few nations will endure the thraldome which usually accompanies unbounded and unconditionate royalty ; yet long it was ere the bounds and conditions of supream lords was so wisely determined , or quietly conserved as now they are : for at first , when as ephori , tribuni , curatores , &c. were erected to poise against the scale of soveraignty , much blood was shed about them , and states were put into new broils by them , and some places the remedy proved worse than the disease . in all great distresses , the body of the people were ever constrained to rise , and by force of the major party to put an end to all intestine strifes , and make a redress of all publick grievances : but many times calamities grew to a strange height , before so cumbersome a body could be raised ; and when it was raised , the motions of it were so distracted and irregular , that after much spoil and effusion of blood , sometimes only one tyranny was exchanged for another , till some was invented to regulate the motions of the peoples moliminous body . i think arbitrary rule was most safe for the world : but now , since most countries have found an art and peaceable order for publick assemblies , whereby the people may assume its own power to do it self right , without disturbance to it self or injury to princes ; he is very unjust that will oppose this art or order . that princes may not be now beyond all limits and laws , nor yet to be tyed upon those limits by any private parties ; the whole community , in its underived majesty , shall convene to do justice ; and that the convention may not be without intelligence , certain times , and places , and forms , shall be appointed for its reglement ; and that the vastness of its own bulk may not breed confusion , by vertue of election and representation , a few shall act for many , the wise shall consent for the simple , the vertue of all shall redound to some , and the prudence of some shall redound to all ; and surely as this admirably-composed court , which is now called a parliament , is more regularly and orderly formed , than when it was called mickle synod of wittena-gemot , or when this real body of the people did throng together at it : so it is not yet perhaps without some defects , which by art and policy might receive farther amendment : some divisions have sprung up of late between both houses , and some between the king and both houses , by reason of incertainty of iurisdiction ; and some lawyers doubt how far the parliament is able to create new forms and presidents , and has a iurisdiction over it self ; all these doubts would be solemnly solved : but in the first place , the true priviledges of parliament belonging not only to the being and efficacy of it , but to the honour and complement of it , would be clearly declared : for the very naming of priviledges of parliament , as if they were chimera's to the ignorant sort , and utterly unknown unto the learned , hath been entertained with scorn since the beginning of this parliament . in this large passage taken out of the observator which concerns the original of all government , two notable propositions may be principally observed . first , our observator confesseth arbitrary or absolute government to be the first , and the safest government for the world . secondly , he acknowledgeth that the iurisdiction is uncertain , and the priviledges not clearly declared of limited monarchy . these two evident truths delivered by him , he labours mainly to disguise . he seems to insinuate that arbitrary government was but in the infancy of the world , for so he terms it ; but if we enquire of him , how long he will have this infancy of the world to last , he grants it continued above three thousand years , which is an unreasonable time for the world to continue under-age : for the first opposers he doth finde of arbitrary power , were the ephori , tribuni , curatores , &c. the ephori were above three thousand years after the creation , and the tribuni were later ; as for his curatores , i know not whom he means , except the master of the court of wards , i cannot english the word curator better . i do not believe that he can shew that any curatores or & caetera's which he mentions were so antient as the ephori . as for the tribuni , he mistakes much if he thinks they were erected to limit and bound monarchy ; for the state of rome was at the least aristocratical ( as they call it ) if not popular , when tribunes of the people were first hatched . and for the ephori , their power did not limit or regulate monarchy , but quite take it away ; for a lacedemonian king in the judgment of aristotle was no king indeed , but in name onely , as generalissimo of an army ; and the best politicians reckon the spartan common-wealth to have been aristocratical , and not monarchical ; and if a limited monarchy cannot be found in lacedemon , i doubt our observator will hardly find it any where else in the whole world ; and in substance he confesseth as much , when he saith , now most countries have found out an art and peaceable order for publick assemblies ; as if it were a thing but new done , and not before ; for so the word now doth import . the observator in confessing the iurisdiction to be incertain , and the priviledges undetermined of that court that should bound and limit monarchy , doth in effect acknowledge there is no such court at all : for every court consists of iurisdictions and priviledges ; it is these two that create a court , and are the essentials of it : if the admirably composed court of parliament have some defects which may receive amendment , as he saith , and if those defects be such as cause divisions both between the houses , and between the king and both houses , and these divisions be about so main a matter as iurisdictions and priviledges , and power to create new priviledges , all which are the fundamentals of every court , ( for until they be agreed upon , the act of every court may not onely be uncertain , but invalid , and cause of tumults and sedition : ) and if all these doubts and divisions have need to be solemnly solved , as our observator confesseth : then he hath no reason at all to say , that now the conditions of supream lords are wisely determined and quietly conserved , or that now most countries have found out an art , and peaceable order for publick affairs , whereby the people may resume its own power to do it self right without injury unto princes : for how can the underived majesty of the people by assuming its own power , tell how to do her self right , or how to avoid doing injury to the prince , if her iurisdiction be uncertain , and priviledges undetermined ? he tells us now most countries have found an art , and peaceable order for publick assemblies : and to the intent that princes may not be now beyond all limits and laws , the whole community in its underived majesty shall convene to do iustice. but he doth not name so much as one country or kingdome that hath found out this art , where the whole community in its underived majesty did ever convene to do justice . i challenge him , or any other for him , to name but one kingdome that hath either now or heretofore found out this art or peaceable order . we do hear a great rumor in this age , of moderated and limited kings ; poland , sweden , and denmark , are talked of for such ; and in these kingdomes , or nowhere , is such a moderated government , as our observator means , to be found . a little enquiry would be made into the manner of the government of these kingdoms : for these northern people , as bodin observeth , breath after liberty . first for poland , boterus saith , that the government of it is elective altogether , and representeth rather an aristocracie than a kingdome : the nobility , who have great authority in the diets , chusing the king , and limiting his authority , making his soveraignty but a slavish royalty : these diminutions of regality began first by default of king lewis , and jagello , who to gain the succession in the kingdom contrary to the laws , one for his daughter , and the other for his son , departed with many of his royalties and prerogatives , to buy the voices of the nobility . the french author of the book called the estates of the world , doth inform us that the princes authority was more free , not being subject to any laws , and having absolute power , not onely of their estates , but also of life and death . since christian religion was received , it began to be moderated , first by holy admonitions of the bishops and clergy , and then by services of the nobility in war : religious princes gave many honours , and many liberties to the clergy and nobility , and quit much of their rights , the which their successors have continued . the superiour dignity is reduced to two degrees , that is , the palatinate and the chastelleine , for that kings in former times did by little and little call these men to publike consultations , notwithstanding that they had absolute power to do all things of themselves , to command , dispose , recompence , and punish , of their own motions : since they have ordained that these dignities should make the body of a senate , the king doth not challenge much right and power over his nobility , nor over their estates , neither hath he any over the clergy . and though the kings authority depends on the nobility for his election , yet in many things it is absolute after he is chosen : he appoints the diets at what time and place he pleaseth ; he chooseth lay-councellors , and nominates the bishops , and whom he will have to be his privy councel : he is absolute disposer of the revenues of the crown : he is absolute establisher of the decrees of the diets : it is in his power to advance and reward whom he pleaseth . he is lord immediate of his subjects , but not of his nobility : he is soveraign iudge of his nobility in criminal causes . the power of the nobility daily increaseth , for that in respect of the kings election , they neither have law , rule , nor form to do it , neither by writing nor tradition . as the king governs his subjects which are immediately his , with absolute authority ; so the nobility dispose immediately of their vassals , over whom every one hath more than a regal power , so as they intreat them like slaves . there be certain men in poland who are called earthly messengers or nuntio's , they are as it were agents of iurisdictions or circles of the nobility : these have a certain authority , and , as boterus saith , in the time of their diets these men assemble in a place neer to the senate-house , where they chuse two marshals , by whom ( but with a tribune-like authority ) they signifie unto the council what their requests are . not long since , their authority and reputation grew so mightily , that they now carry themselves as heads and governours , rather than officers and ministers of the publick decrees of the state : one of the councel refused his senators place , to become one of these officers . every palatine , the king requiring it , calls together all the nobility of his palatinate ; where having propounded unto them the matters whereon they are to treat , and their will being known , they chuse four or six out of the company of the earthly messengers ; these deputies meet and make one body , which they call the order of knights . this being of late years the manner and order of the government of poland , it is not possible for the observator to finde among them that the whole community in its underived majesty doth ever convene to do iustice : nor any election or representation of the community , or that the people assume its own power to do it self right . the earthly messengers , though they may be thought to represent the commons , and of late take much upon them , yet they are elected and chosen by the nobility , as their agents and officers . the community are either vassals to the king , or to the nobility , and enjoy as little freedom or liberty as any nation . but it may be said perhaps , that though the community do not limit the king , yet the nobility do , and so he is a limited monarchy . the answer is , that in truth , though the nobility at the chusing of their king do limit his power , and do give him an oath ; yet afterwards they have always a desire to please him , and to second his will ; and this they are forced to do , to avoid discord : for by reason of their great power , they are subject to great dissentions , not onely among themselves , but between them and the order of knights , which are the earthly messengers : yea , the provinces are at discord one with another : and as for religion , the diversity of sects in poland breed perpetual jars and hatred among the people , there being as many sects as in amsterdam it self , or any popular government can desire . the danger of sedition is the cause , that though the crown depends on the election of the nobility ; yet they have never rejected the kings successour , or transferred the realm to any other family , but once , when deposing ladislaus for his idleness ( whom yet afterward they restored ) they elected wencelaus king of bohemia . but if the nobility do agree to hold their king to his conditions , which is , not to conclude any thing but by the advice of his councel of nobles , nor to choose any wife without their leaves , then it must be said to be a common-weal , not a royalty ; and the king but onely the mouth of the kingdom , or as queen christina complained , that her husband was but the shadow of a soveraign . next , if it be considered how the nobility of poland came to this great power ; it was not by any original contract , or popular convention : for it is said they have neither law , rule , nor form written or unwritten , for the election of their king ; they may thank the bishops and clergy : for by their holy admonitions and advice , good and religious princes , to shew their piety , were first brought to give much of their rights and priviledges to their subjects , devout kings were meerly cheated of some of their royalties . what power soever general assemblies of the estates claim or exercise over and above the bare naked act of councelling , they were first beholding to the popish clergy for it : it is they first brought parliaments into request and power : i cannot finde in any kingdom , but onely where popery hath been , that parliaments have been of reputation ; and in the greatest times of superstition they are first mentioned . as for the kingdom of denmarke , i read that the senators , who are all chosen out of the nobility , and seldom exceed the number of , with the chief of the realm , do chuse their king. they have always in a manner set the kings eldest son upon the royal throne . the nobility of denmarke withstood the coronation of frederick , till he sware not to put any noble-man to death until he were judged of the senate ; and that all noble-men should have power of life and death over their subjects without appeal ; and the king to give no office without consent of the councel . there is a chancelour of the realm , before whom they do appeal from all the provinces and islands , and from him to the king himself . i hear of nothing in this kingdom that tends to popularity ; no assembly of the commons , no elections , or representation of them . sweden is governed by a king heretofore elective , but now made hereditary in gustavus time : it is divided into provinces : an appeal lieth from the vicount of every territory to a soveraign judge called a lamen ; from the lamens , to the kings councel ; and from this councel , to the king himself . now let the observator bethink himself , whether all , or any of these three countries have found out any art at all whereby the people or community may assume its own power : if neither of these kingdomes have , most countries have not , nay none have . the people or community in these three realms are as absolute vassals as any in the world ; the regulating power , if any be , is in the nobility : nor is it such in the nobility as it makes shew for . the election of kings is rather a formality , than any real power : for they dare hardly chuse any but the heir , or one of the blood royal : if they should chuse one among the nobility , it would prove very factious ; if a stranger , odious , neither safe . for the government , though the kings be sworn to raign according to the laws , and are not to do any thing without the consent of their councel in publick affairs : yet in regard they have power both to advance and reward whom they please , the nobility and senators do comply with their kings . and boterus concludes of the kings of poland , who seem to be most moderated , that such as is their valour , dexterity , and wisdome , such is their power , authority , and government . also bodin saith , that these three kingdoms are states changable and uncertain , as the nobility is stronger than the prince , or the prince than the nobility ; and the people are so far from liberty , that he saith , divers particular lords exact not onely customs , but tributes also ; which are confirmed and grow stronger , both by long prescription of time , and use of iudgments . the end. an advertisement to the jury-men of england , touching witches . advertisement to the jury-men of england . the late executon of witches at the summer assises in kent , occasioned this brief exercitation , which addresses it self to such as have not deliberately thought upon the great difficulty in discovering , what , or who a witch is . to have nothing but the publick faith of the present age , is none of the best evidence , unless the universality of elder times do concur with these doctrines , which ignorance in the times of darkness brought forth , and credulity in these days of light hath continued . such as shall not be pleased with this tractate , are left to their liberty to consider , whether all those proofs and presumptions number'd up by mr. perkins , for the conviction of a witch , be not all condemned , or confessed by himself to be unsufficient or uncertain . he brings no less than eighteen signs or proofs , whereby a witch may be discovered , which are too many to be all true : his seven first he himself confesseth to be insufficient for conviction of a witch ; his eight next proofs ( which he saith men in place have used ) he acknowledgeth to be false or insufficient . thus of his eighteen proofs , which made a great shew , fifteen of them are cast off by himself ; there remains then his sixteenth , which is the confession of a witch ; yet presently he is forced to yield , that a bare confession is not a sufficient proof , and so he cometh to his seventeenth proof , which is , two credible witnesses ; and he here grants , that the league between the devil and the witch is closely made , and the practices of witches be very secret , that hardly a man can be brought , which upon his own knowledge can aver such things . therefore at last , when all other proofs fail , he is forced to fly to his eighteenth proof , and tells us , that yet there is a way to come to the knowledge of a witch , which is , that satan useth all means to discover a witch ; which how it can be well done , except the devil be bound over to give in evidence against the witch , cannot be understood . and as mr. perkins weakens and discredits all his own proofs , so he doth the like for all those of king james , who , as i remember , hath but three arguments for the discovery of a witch . first , the secret mark of a witch , of which mr. perkins saith , it hath no power by gods ordinance . secondly , the discovery by a fellow - witch ; this mr. perkins by no means will allow to be a good proof . thirdly , the swimming of a witch , who is to be flung cross ways into the water , that is , as wierus interprets it , when the thumb of the right hand is bound to the great toe of the left foot , and the thumb of the left hand to the great toe of the right foot , against this tryal by water , together with a disability in a witch to shed tears , ( which king james mentions ) delrio and mr. perkins both argue ; for it seems they both write after king james , who put forth his book of daemonologie in his youth , being in scotland , about his age of thirty years . it concerns the people of this nation to be more diligently instructed in the doctrine of witch-craft , than those of forraign countries , because here they are tyed to a stricter or exacter rule in giving their sentence than others are : for all of them must agree in their verdict , which in a case of extream difficulty is very dangerous ; and it is a sad thing for men to be reduced to that extremity , that they must hazard their consciences or their lives . a difference between an english and hebrew witch . the point in question is briefly this ; whether such a witch as is condemned by the laws and statutes of this land , be one and the same with the witch forbidden by the law of moses . the witch condemned by our statute-law is , iacob . cap. . one that shall use , practice , or exercise any invocation or conjuration of any evil or wicked spirit , or consult , covenant with , entertain or employ , feed or reward any evil or wicked spirit , to or for any intent or purpose ; or take up any dead man , woman , or child , out of his , her , or their grave , or any other place , where the dead body resteth ; or the skin , bone , or other part of any dead person , to be employed or used in any manner of witchcraft , sorcery , charm or enchantment ; or shall use , practice , or exercise any witchcraft , enchantment , charm , or sorcery , whereby any person shall he killed , destroyed , wasted , consumed , pined , or lamed in his or her body , or any part thereof : such offenders duely and lawfully convicted and attainted , shall suffer death . if any person shall take upon him by witchcraft , inchantment , charm or sorcery , to tell or declace in what place any treasure of gold or silver should or might be found or had in the earth , or other secret places , or where goods , or things lost or stoln should be found or become : or to the intent to provoke any person to unlawful love , or whereby any cattle or goods of any person shall be destroyed , wasted , or impaired ; or to destroy or hurt any person , in his , or her body , though the same be not effected , &c. a years imprisonment , and pillory , &c. and the second conviction death . in this statute , these points are observable . . that this statute was first framed in . eliz. and onely the penalties here a little altered , and the last clause concerning provoking of persons to love , and destroying of cattle and goods , &c. is so changed , that i cannot well make sence of it , except it be rectified according to the words of the former statute which stands repealed . . although the statute runs altogether in the disjunctive or , and so makes every single crime capital , yet the judges usually by a favourable interpretation , take the disjunctive or , for the copulative and ; and therefore ordinarily they condemn none for witches , unless they be charged with the murdering of some person . . this statute pre-supposeth that every one knows what a conjurer , a witch , an inchanter , a charmer , and sorcerer is , as being to be learned best of divines ; and therefore it hath not described or distinguished between them : and yet the law is very just in requiring a due and lawful conviction . the definition of witch-craft . for the better discovery of the qualities of these crimes , i shall spend some discourse upon the definition of those arts by divines : for both those of the reformed churches , as well as these of the roman , in a manner , agree in their definition of the sin of witch-craft . i shall instance in two late writers , viz. mr. william perkins in his discourse of witch-craft , and in martin delrio , a jesuit of lorrain , in his book of magical disquisitions . our english word witch , is derived from the dutch word wiechelen , or wijchelen , which doth properly signifie whinying or neying like a horse , and doth also signifie to foretel or prophecy ; and weicheler signifies a southsayer ; for that the germans , from whom our ancestors the saxons descended , usually and principally did , as tacitus tells us , divine and fore-tell things to come , by the whinying and neying of their horses . hinnitu & fremitu are his words . for the definition mr. perkins saith , witch-craft is an art serving for the working of wonders , by the assistance of the devil , so far as god shall permit . delrio defineth it to be an art , which by the power of a contract entred into with the devil , some wonders are wrought which pass the common understanding of men . ars qua vi pacti cum daemonibus initi mira quaedam communem hominum captum superantia officiuntur . in these two definitions , some points are worth the noting . . they both agree in the main foundation , which is a contract with the devil , and therefore mr. perkins thought it most necessary , that this main point should be proved ; to which purpose he promiseth to define a witch , by opening the nature of witch-craft , as it is delivered in the old and new testament ; and yet after he confesseth a manifest covenant is not so fully set down in scripture : and out of the new testament he offers no proof at all , though he promised it ; nevertheless , he resolves us that a covenant is a most evident and certain truth , that may not be called in question . for proof of a covenant , he produceth onely one text out of the old testament ; neither doth he say , that the text proveth a contract with the devil , but onely that it intimateth so much : thus at the first he falls from a proof to an intimation onely . the text is , psal. . v. . of which his words are these : howsoever the common translation runneth in other terms , yet the words are properly to be read thus : which heareth not the voice of the mutterer joyning societies cunningly — the main foundation of the charm , societies or confederacies cunningly made , not between man and man , but , as the words import , between the enchanter and the devil , deut. . . answer . though there be neither mention of spirit or devil in this psalm , yet mr. perkins would have us believe that there can be no conjoyning or consociating but with the devil : but mr. ainsworth , as great a rabby as mr. perkins , finds other interpretations of this text ; and though he mentions fellowship with the devil , yet he puts it in the third and last place , as the newest and latest interpretation : for he teacheth us , that the enchanter had his title both in psalm . and in deut. . either because be associates serpents , making them tame and familiar that they hurt not , or because such persons use to bind and tye bonds , or things about the body , to heal or hurt by sorcery . also he teacheth us , that a charmer doth joyn or speak words of a strange language , and without sence , &c. delrio it seems puts no confidence in this text of mr. perkins , for he doth not cite it to prove a contract ; yet he hath also one text of his own to that purpose , it is esay . . where it is said , we have made a covenant with death , and with hell we are at an agreement ; percussimus foedus cum morte , & cum inferno fecimus pactum : and delrio tells us , that tho. aquinas did apply this text to witches , magis satis probabili interpretatione . answer . if this text be considered , it proves nothing at all : for it doth not charge the proud and drunken ephraimites , of whom it is spoken , that they had made an agreement with hell , but it is onely a false brag of their own , to justifie their wickedness by a lye : for it is not possible to make a covenant with death , which in it self is nothing but a meer not being ; and whereas it is called an agreement with hell , it may be translated as well , if not better in this place , an agreement with the grave ; and so the interlineary bible hath it ; and tremelius and iunius render it , pepigimus foedus cum morte , & cum sepulchro egimus cautum ; which they term a thrasonical hyperbole : and deodatus his italian bible hath , habbiamo fatto lega col sepolcro ; so likewise the spanish bible translates it , concierto tenemos hecho con la muerte , è con la sepultura hazimos acuerdo . it may be wondered that neither mr. perkins nor the jesuit have any other or better texts to prove this contract between the witch and the devil . but the truth is , it is very little that either of them say of this great point , but pass it over perfunctorily . perhaps it may be thought that king iames hath said , or brought more and better proofs in this point ; but i do not finde that he doth meddle with it at all , but takes it for granted that if there be witches , there must needs be a covenant , and so leaves it without further proof . a second note is , that the agreement between the witch and the devil they call a covenant , and yet neither of the parties are any way bound to perform their part ; and the devil , without doubt , notwithstanding all his craft , hath far the worst part of the bargain . the bargain runs thus in mr. p. the witch as a slave binds himself by vow to believe in the devil , and to give him either body , or soul , or both , under his hand-writing , or some part of his blood. the devil promiseth to be ready at his vassals command to appear in the likeness of any creature , to consult , and to aid him for the procuring of pleasure , honour , wealth , or preferment ; to go for him , to carry him any whither , and do any command . whereby we see the devil is not to have benefit of his bargain till the death of the witch ; in the mean time he is to appear always at the witches command , to go for him , to carry him any whither , and to do any command : which argues the devil to be the witches slave , and not the witch the devils . though it be true which delrio affirmeth , that the devil is at liberty to perform or break his compact , for that no man can compel him to keep his promise ; yet on the other side , it is as possible for the witch to frustrate the devils contract , if he or she have so much grace as to repent ; the which there may be good cause to do , if the devil be found not to perform his promise : besides , a witch may many times require that to be done by the devil , which god permits not the devil to do ; thus against his will the devil may lose his credit , and give occasion of repentance , though he endeavour to the utmost of his power to bring to pass whatsoever he hath promised ; and so fail of the benefit of his bargain , though he have the hand-writing , or some part of the blood of the witch for his security , or the solemnity before witnesses , as delrio imagineth . i am certain they will not say that witch-craft is like the sin against the holy ghost , unpardonaable : for mr. perkins confesseth the contrary , and delrio denies it not ; for he allows the sacrament of the eucharist to be administred to a condemned witch , with this limitation , that there may be about four hours space between the communion , and the execution , in which time it may be probably thought that the sacramental species ( as they call it ) may be consumed . . delrio in his second book , and fourth question , gives this rule , which he saith is common to all contracts with the devil , that first they must deny the faith , and christianism , and obedience to god , and reject the patronage of the virgin mary , and revile her . to the same purpose mr. perkins affirms that witches renounce god and their baptism . but if this be common to all contracts with the devil , it will follow that none can be witches but such as have first been christians , nay and roman catholiques , if delrio say true ; for who else can renounce the patronage of the virgin mary ? and what shall be said then of all those idolatrous natious of lapland , finland , and of divers parts of africa , and many other heathenish nations , which our travellers report to be full of witches ? and indeed , what need or benefit can the devil gain by contracting with those idolaters , who are surer his own , than any covenant can make them ? . whereas it is said that witchcraft is an art working wonders , it must be understood that the art must be the witches art , and not the devils , otherwise it is no witch-craft , but devils-craft . it is confessed on all hands , that the witch doth not work the wonder , but the devil onely . it is a rare art for a witch by her art to be able to do nothing her self , but to command another to practise the art. in other arts , mr. perkins confesseth that the arts master is able by himself to practise his art , and to do things belonging thereunto without the help of another ; but in this it is otherwise — the power of effecting strange works doth not flow from the skill of the witch , but is derived wholly from satan . to the same purpose he saith , that the means of working wonders are charms used as a watch-word to the devil to cause him to work wonders : so that the devil is the worker of the wonder , and the witch but the counsellour , perswader , or commander of it , and onely accessary before the fact , and the devil onely principal . now the difficulty will be , how the accessary can be duely and lawfully convicted and attainted according as our statute requires , unless the devil , who is the principal , be first convicted , or at least outlawed ▪ which cannot be , because the devil can never be lawfully summoned according to the rules of our common-law . for further proof that the devil is the principal in all such wonders , i shall shew it by the testimony of king iames , in a case of murther , which is the most capital crime our laws look upon . first , he tells us that the devil teaches witches how to make pictures of wax and clay , that by the rosting thereof the persons that they bear the name of may be continually melted , or dried away by continual sickness — not that any of these means which he teacheth them ( except poysons , which are composed of things natural ) can of themselves help anything to these turns they are imployed in . secondly , king iame affirms that witches can bewitch , and take the life of men or women by rosting of the pictures , which is very possible to their master to perform : for although that instrument of wax have no vertue in the turn doing , yet may he not very well , by that same measure that his conjured slave melts that wax at the fire , may he not i say at these same times , subtilly as a spirit , so weaken and scatter the spirits of life of the patient , as may make him on the one part for faintness to sweat out the humours of his body ; and on the other part , for the not concurring of these spirits which cause his digestion , so debilitate his stomack , that his humour radical continually sweating out on the one part , and no new good suck being put in the place thereof for lack of digestion on the other , he at last shall vanish away even as his picture will do at the fire . here we see the picture of wax , roasted by the witch , hath no vertue in the murdering , but the devil onely . it is necessary in the first place that it be duly proved that the party murther'd be murthered by the devil : for it is a shame to bely the devil ; and it is not possible to be proved , if it be subtilely done as a spirit . . our definers of witch-craft dispute much , whether the devil can work a miracle : they resolve he can do a wonder , but not a miracle ; mirum , but not miraculum . a miracle , saith mr. perkins , is that which is above or against nature simply ; a wonder is that which proceeds not from the ordinary course of nature . delrio will have a miracle to be praeter , or supra naturae creatae vires : both seem to agree in this , that he had need be an admirable or profound philosopher , that can distinguish between a wonder and a miracle ; it would pose aristotle himself , to tell us every thing that can be done by the power of nature , and what things cannot ; for there be daily many things found out , and daily more may be , which our fore-fathers never knew to be possible in nature . those that were converted by the miracles of our saviour , never stayed to enquire of their philosophers what the power of nature was ; it was sufficient to them , when they saw things done , the like whereof they had neither seen nor heard of , to believe them to be miracles . . it is commonly believed and affirmed by mr. perkins , that the cause which moves the devil to bargain with a witch , is a desire to obtain thereby the soul and body of the witch . but i cannot see how this can agree with another doctrine of his , where he saith , the precepts of witch-craft are not delivered indifferently to every man , but to his own subjects the wicked ; and not to them all , but to special and tried ones , whom he most betrusteth with his secrets , as being the fittest to to serve his turn , both in respect of their willingness to learn and practise , as also for their ability to become instruments of the mischief he intendeth to others . all this argues , the end of the devils rules of witch-craft is not to gain novices for new subjects , but to make use of old ones to serve his turn . . the last clause of mr. perkins definition is , that witch-craft doth work wonders so far as god shall permit . i should here desire to have known whether mr. perkins had thought that god doth permit farther power to the devil upon his contracting with the witch , than he had before the contract : for if the devil had the same permission before the contract , then he doth no more mischief upon the contract , than he would have gladly done before , seeing , as mr. perkins saith , the devils malice towards all men is of so high a degree , that he cannot endure they should enjoy the world , or the benefits of this life ( if it were possible ) so much as one hour . but yet afterward i finde master perkins is more favourable to the devil , where he writes , that if the devil were not stirred up and provoked by the witch , he would never do so much hurt as he doth . of the discerning and discovery of a witch . a magistrate , saith mr. perkins , may not take upon him to examine whom and how he willeth of any crime , nor to proceed upon slight causes , or to shew his authority , or upon sinister respects , or to revenge his malice , or to bring parties into danger and suspition ; but he must proceed upon special presumptions . he calls those presumptions , which do at least probably and conjecturally note one to be a witch , and are certain signs whereby the witch may be discovered . i cannot but wonder that mr. perkins should say , that presumptions do at least probably and conjecturally note , and are certain signs to discover a witch ; when he confesseth , that though presumptions give occasion to examine , yet they are no sufficient causes of conviction : and though presumptions be never so strong , yet they are not proofs sufficient for conviction , but onely for examination . therefore no credit is to be given to those presumptions he reckons up . . for common fame , it falls out many times , saith he , that the innocent may be suspected , and some of the better sort notoriously defamed . . the testimony of a fellow-witch , he confesseth , doth not probably note one to be a witch . the like may be said of his third and fourth presumption , if after cursing , or quarrelling , or threatning , there follow present mischief . and the fifth presumption is more frivolous , which is , if the party be the son or daughter , or servant , or friend , neer neighbour , or old companion of a witch . the sixth presumption mr. perkins dares not , or is loath to own , but saith , some add , if the party suspected have the devils mark ; and yet be resolves , if such a mark be descried , whereof no evident reason in nature can be given , the magistrate may cause such to be examined , or take the matter into his own hands , that the truth may appear ; but he doth not teach how the truth may be made to appear . the last presumption he names , is , if the party examined be unconstant , or contrary to himself ; here he confesseth , a good man may be fearful in a good cause , sometimes by nature , sometimes in regard of the presence of the iudge , or the greatness of the audience ; some may be suddenly taken , and others want that liberty of speech which other men have . touching examination , mr. perkins names two kinds of proceedings , either by simple question , or by torture : torture , when besides the enquiry by words , the magistrate useth the rack , or some other violent means to urge confession ; this he saith , may be lawfully used , howbeit not in every case , but onely upon strong and great presumptions , and when the party is obstinate . here it may be noted , that it is not lawful for any person , but the judge onely , to allow torture : suspitious neighbours may not , of their own heads , use either threats , terrors , or tortures . i know not any one of those presumptions before-cited , to be sufficient to warrant a magistrate to use torture ; or whether when the party constantly denies the fact , it must be counted obstinacy . in case of treason sometimes , when the main fact hath been either confessed , or by some infallible proofs manifested , the magistrate , for a farther discovery of some circumstance of the time , the place , and the persons , or the like , have made use of the rack : and yet that kind of torture hath not been of antient usage in this kingdom ; for if my memory fail not , i have read , that the rack hath been called the duke of exeters daughter , and was first used about hen. . days . from presumptions , mr. perkins proceeds to proofs of a witch ; and here he hath a neat distinction of proofs , less sufficient , or more sufficient ; by less sufficient he meaneth insufficient , but gives them this mild and strange phrase of less sufficient , that it may not displease such friends ( as i conceive ) allow those less sufficient proofs for sufficient , though he reckons them for no better than witch-craft ▪ those unsufficient sufficient proofs are weaker and worse than his presumptions , which he confesseth are no proofs at all ; yet we must reckon them up . his first less sufficient proof is , the antient trial by taking red-hot irons , or putting the hand in hot scalding water ; this , he saith , hath been condemned for diabolical and wicked , as in truth it is : for an innocent man may thereby be condemned , and a rank witch scape unpunished . a second insufficient proof is , scratching of the suspected party , and the present recovery thereupon . a third is , the burning the thing bewitched , is a hog , an ox , or other creature , it is imagined a forcible means to cause the witch to discover her self . a fourth , is the burning the thatch of the suspected parties house . the fifth less ▪ sufficient proof is , the binding of the party hand and foot , and casting cross-ways into the water ; if she sinks , she is counted innocent ; if she float on the water and sink not , she is taken for a witch , convicted , and punished . the germans used this tryal by cold water ; and it was imagined , that the devil being most light , as participating more of air than of water , would hold them up above the water , either by putting himself under the witch , and lifting her up , as it were with his back , or by uniting himself , and possessing her whole body . all these less sufficient proofs , saith mr. perkins , are so far from being sufficient , that some of them , if not all , are after a sort practices of witch-craft , having no power ▪ by gods ordinance . hereby he condemns point-blank king iames's judgment , as savouring of witchraft , in allowing of the tryal of a witch by swimming as a principal proof . and as i take it , he condemns himself also , except he can find any ordinance of god , that the having of an incurable and insensible mark or sore , shall be a presumption , or certain sign of a witch . a sixth less sufficient proof , is the testimony of a wizard , witch , or cunning man , who is gone or sent unto , and informs that he can shew in a glass the face of the witch . this accusation of a witch by another witch , mr. perkins denies to be sufficient ; and he puts this case : if the devil appear to a grand iury , in the likeness of some known man , and offer to take his oath that the person in question is a witch , should the enquest receive his oath or accusation to condemn the party ? he answers , surely no ; and yet that is as much as the testimony of another witch , who onely by the help of the devil revealeth the witch : if this should be taken for a sufficient proof , the devil would not leave one good man alive in the world . this discrediting of the testimony of a witch , takes away the other ( for he hath but two ) of king iames main proofs for the discovery of a witch ; for he saith , who but witches can be provers , and so witnesses of the doings of witches ? and to the same purpose mr. perkins himself confesseth , that the precepts of witch-craft are not delivered , but to the devils own subjects , the wicked . a seventh less sufficient proof is , when a man in open court affirms , such a one fell out with me , and cursed me , threatning i should smart for it in my person or goods ; upon these threats , such evils and losses presently befel me ; this is no sure ground for conviction , saith mr. perkins , for it pleaseth god many times to lay his hands upon mens persons and goods , without the procurement of witches ; and yet saith mr. perkins , experience shews , that ignorant people will make strong proofs of such presumptions , whereupon sometimes iurors do give their verdict against parties innocent . the last less sufficient proof is , if a man being sick , upon suspition will take it on his death , that such a one hath bewitched him , it is of no moment , saith mr. perkins ; it is but the suspition of one man for himself , and is of no more force than another mans word against him . all these proofs , saith mr. perkins , which men in place have ordinarily used , be either false or insufficient signs . at the last mr. perkins comes to his more sufficient proofs , which are in all but two . the confession of the witch , or the proof of two witnesses . against the confession of a witch , mr. perkins confesseth , it is objected , that one may confess against himself an untruth , being urged by force or threatning , or by desire upon some grief to be out of the world ; or at least being in trouble , and perswaded it is the best course to save their lives and obtain their liberty , they may upon simplicity be induced to confess that they never did , even against themselves . the truth of this allegation mr. perkins doth not deny , but grants it , in that his answer is , that he doth not say a bare confession is sufficient , but a confession after due examination taken upon pregnant presumptions . but if a bare confession be not a sufficient proof , a pregnant presumption can never make it such ; or if it could , then it would not be a sufficient proof . for the farther weakning of the confession of a suspected witch , we may remember what mr. perkins hath formerly answered , when it was alleadged , that upon a melancholy humour , many confess of themselves things false and impossible , that they are carried through the air in a moment , that they pass through key-holes and cleffs of doors ; that they be sometimes turn'd into cats , hares , and other creatures , and such like ; all which are meer fables , and things impossible . here mr. perkins answers , that when witches begin to make a league , they are sober and sound in understanding ; but after they be once in the league , their reason and understanding may be depraved , memory weakned , and all the powers of their soul blemished ; they are deluded , and so intoxicated , that they will run into a thousand of phantastical imaginations , holding themselves to be transformed into the shapes of other creatures , to be transported in the air , to do many strange things which in truth they do not . now mr. perkins will confess , that the examination and confession of a suspected witch , is always after such time as her covenant is made ; when she is by his confession deluded , and not fit to give testimony against her self . his second more sufficient proof ( he saith , if the party will not confess , as commonly it falleth out ) is two witnesses avouching upon their own knowledge , either that the party accused hath made league with the devil , or hath done some known practices of witch-craft , or hath invocated the devil , or desired his help . but if every man that hath invocated the devil , or desired his help , must have formerly made a league with him , then whole nations are every man of them witches ; which i think none will say . as for the league , and proof of witchraft , mr. perkins confesseth , some may say , if these be the onely strong proofs for the conviction of a witch , it will be then impossible to put any one to death ; because the league with satan is closely made , and the practices of witch-craft are also very secret , and hardly can a man be brought , which upon his own knowledge can aver such things . to this mr. perkins answer is a confession : that howsoever the ground and practice be secret , and be to many unknown , yet there is a way to come to the knowledge thereof . — satan endeavoreth the discovery , and useth all means to disclose witches . this means he speaks of should be in the power of the judge , or else it is no help for the discovery of a witch , but onely when the devil pleaseth . i do not find he proves that it is usual with satan to endeavour any such discovery ; neither do i see how it is practicable by the devil : for either he must do it by his own relation or report ; which as it cannot be proved he ever did , so it is vain , and to no purpose if he do it ; for mr. perkins hath discredited the testimony of the devil , as invalid , and of no force for conviction : or else the devil must discover it by some second means ; and if there had been any such second means usual , mr. perkins would have taught us what they are , and not have left us onely to his two more sufficient proofs , which he confesseth are not infallible . king iames tells us , that the devils first discovering of himself for the gaining of a witch , is either upon their walking solitarily in the fields , or else lying pausing in their bed , but always without the company of any other ; and at the making of circles and conjurations , none of that craft will permit any others to behold ; when the devil and his subjects are thus close and secret in their actions , it cannot be imagined that he will use all means to discover his most special and trustiest subjects : and though mr. perkins tells us , that by vertue of the precontract , the devil is cock-sure of his instruments ; yet within a few lines ▪ he changeth his note , and saith , though he have good hope of them , yet he is not certain of their continuance , because some by the mercy of god have been reclaimed and freed from his covenant . besides , he confesseth , the devil suffereth some to live long undisclosed , that they may exercise the greater measure of his malice in the world . it remains , that if the two true proofs of mr. perkins , which are the witches confession , or sufficient witnesses , fail , we have not warrant , as he saith , in the word , to put such an one to death . i conclude this point in the words of mr. perkins ; i advise all iurors , that as they be diligent in the zeal of gods glory , so they would be careful what they do , and not to condemn any party suspected upon bare presumptions , without sound and sufficient proofs , that they be not guilty through their own rashness , of shedding innocent blood . of the hebrew witch . in deut. . the witch is named with divers other sorts of such as used the like unlawfull arts ; as the diviner , the observer of times , an inchanter , a charmer , a consulter with a familiar spirit , a wisard , or a necromancer . the text addeth , all that do these things are an abomination to the lord , and because of these abominations , the lord thy god doth drive them [ the nations ] out from before thee . if we desire to know what those abominations of the nations were , we are told in general in the . verse of the same chapter : these nations hearkened unto observers of times , and unto diviners . there is no other crime in this chapter laid to the charge of all , or any of these practisers of such unlawful arts , but of lying prophesies ; and therefore the text addeth , the lord thy god will raise up unto thee a prophet from the midst of thee , of thy brethren , like unto me , unto him shall ye hearken , and not to the diviners , wisards , charmers , &c. setting aside the case of iob ( wherein god gave a special and extraordinary commission ) i do not finde in scripture that the devil , or witch , or any other , had power ordinarily permitted them , either to kill or hurt any man , or to meddle with the goods of any : for though , for the trial of the hearts of men , god doth permit the devil ordinarily to tempt them ; yet he hath no commission to destroy the lives or goods of men ; it is little less than blasphemy to say any such thing of the admirable providence of god , whereby he preserves all his creatures . it was crime sufficient for all those practicers of unlawful arts , to delude the people with false and lying prophesies , thereby to make them forget to depend upon god , and to have their souls turn after such as have familiar spirits , and after wisards , to go a whoring after them , as the lord saith , levit. . . this spiritual whoredome is flat idolatry , in the common phrase of the old testament ; and those that be enticers to it , thereby endeavour to destroy the souls of the people , and are by many degrees more worthy of death , than those that onely destroy the bodies or goods of men . if there were a law that every one should be put to death , or punished , that should advisedly endeavour to perswade men that they are skilful in those forbidden arts , or in foretelling of things to come , or that they have contracted with the devil , and can thereby murther or destroy mens goods ; i should never deny such a law to be most consonant and agreeing with the law of moses . but because i may be thought by some a favourer of these forbidden arts , through want of understanding the scripture about the quality of them ; i have made choice of a man who is no friend to witches , and whose learning in this point will not be denied . in his own words i shall set down , what either ▪ out of the hebrew names of those prohibited arts , or out of the exposition of the jewish doctors can be gathered for the understanding of them . a diviner , in hebrew , a foreseer , or presager , a foreteller of things to come , as doth a prophet — the hebrews take a diviner to be one that doth things whereby he may foretel things to come , and say , such a thing shall be , or not be , or say , it is good to do such a thing — the means of divining ; some doing it with sand , some with stones , some by lying down on the ground , some with iron , some with a staff — he that asked of a diviner , is chastised with stripes . . an observer of times , or soothsayer , an observer of the clouds , a planetary , or an observer of the flying of fowls , an augur . as the diviners were carried much by inward and spiritual motions , so these by outward observations in the creatures . the hebrews say , they were such as did set times for the doing of things , saying , such a day is good , and such a day is naught . . an observer of fortunes , one that curiously searcheth signs of good or evil luck , which are learned by experience : the hebrew is , to finde out by experience ; whereupon the word here used is one that too curiously observeth , and abuseth things that do fall out , as lucky or unlucky . the hebrews describe it thus , as if one should say , because the morsel of bread is fallen out of my mouth , or my staff out of my hand , i will not go to such a place : because a fox passed by on my right hand , i will not go out of my house this day . our new translation renders this word an inchanter . . a witch , a sorcerer , such as do bewitch the senses or minds of men , by changing the forms of things to another hew . the hebrew word for a witch properly signifies a jugler , and is derived from a word which signifies changing or turning ; and moses teacheth , exod. . that witches wrought by enchantments , that is , by secret sleights , iuglings , close conveyance , or of glistering like the flame of fire , or a sword , wherewith mens eyes were dazled . . a charmer , or one that conjureth conjurations ; the hebrew signifies conjoyning or consociating — the charmer is said to be he , that speaketh words of a strange language , and without sense ; that if one say so or so unto a serpent , it cannot hurt him ; he that whispereth over a wound , or that readeth over an infant that it may not be frighted , or layeth the bible upon a child that it may sleep . . a wisard or cunning man , in hebrew named of his knowledge or cunning — the hebrews describe him thus , that he put in his mouth a bone of a bird , and burned incense , and did other things until he fell down with shame , and spake with his mouth things that were to come to pass . . a necromancer , one that seeketh unto the dead : of him they say , he made himself hungry , and went and lodged among the graves , that the dead might come unto him in a dream , and make known unto him that which he asked of him ; and others there were that clad themselves with cloaths for that purpose ▪ and spake certain words , and burned incense , and slept by themselves ; that such a dead person might come and talk with them in a dream . . lastly , the consulter with familiar spirits , in hebrew , a consulter with ob , applied here to magitians , who possessed with an evil spirit , spake with a hollow voice as out of a bottle . — the hebrews explain it thus , that he which had a familiar spirit stood and burned incense , and held a rod of mirtle-tree in his hand , and waved it , and spake certain words in secret , until he that enquired did hear one speak unto him , and answer him touching that he enquired , with words from under the earth , with a very low voice , &c. likewise , one took a dead mans skull and burnt incense thereto , and inchanted thereby till he heard a very low voice , &c. this text in our english translation being expounded a familiar spirit , and seconded by the history of the woman of endor , may seem a strong evidence that the devil convenanted with witches : but if all be granted that can be desired , that this familiar spirit signifies a devil , yet it comes not home to prove the main point ; for it is no proof that the familiar spirit enter'd upon covenant , or had or could give power to others to kill the persons , or destroy the goods of others . king iames confesseth , the devil can make some to be possessed , and so become very daemoniaques ; and that she who had the spirit of python in acts . whereby she conquested such gain to her master ; that spirit was not of her own raising or commanding , as she pleased to appoint , but spake by her tongue as well privately as publickly . we do not find the pythonesse condemned or reproved , but the unclean spirit commanded in the name of iesus christ to come out of her . the child which was too young to make a covenant with the devil , was possessed with a dumb and deaf spirit , and the devil charged to come out , and enter no more into him , mark . a daughter of abraham ( that is , of the faith of abraham ) was troubled with a spirit of infirmity eighteen years , and bowed together that she could not lift her self up , luke . , . it is observable , that in deut. . where all the unlawful arts are reckoned up , and most fully prohibited , the crime of them is charged upon the practisers of those arts ; but the crime of having a familiar spirit is not there condemned , but the consulter of a familiar spirit ; so in levit. . . the prohibition is , regard not them that have familiar spirits ; and so in levit. . . the soul that turneth after such as have familiar spirits ; so that it was not the having , but the consulting , was condemned . if we draw nearer to the words of the text , it will be found , that these words , a consulter with a familiar spirit , are no other than a consulter with ob ; where the question will be what ob signifieth . expositors agree , that originally ob signifieth a bottle , and they say is applyed here to one possessed with an evil spirit , and speaketh with a hollow voice as out of a bottle : but for this i find no proof they bring out of scripture , that saith , or expoundeth that ob signifieth one possessed with a familiar spirit in the belly ; the onely proof is , that the greek interpreters of the bible translate it engastromuthi , which is , speaking in the belly ; and the word anciently , and long before the time of the septuagint translators , was properly used for one that had the cunning or slight to shut his mouth , and seem to speak with his belly ; which that it can be done without the help of a familiar spirit , experience of this age sheweth in an irishman . we do not find it said , that the woman of endor did fore-tell any thing to saul , by the hollow voice of a familiar spirit in her belly ; neither did saul require , nor the woman promise so to answer him ; but he required , bring me him up who i shall name unto thee ; and she undertook to do it ; which argues a desire in saul to consult with the dead , which is called necromancy , or consulting with the dead . but it hath been said , she raised the devil in samuels likeness , yet there is no such thing said in the text ; when the woman went about her work , the first thing noted is , that when she saw samuel , she cryed out with a loud voice : an argument she was frighted with seeing something she did not expect to see : it is not said , that when she knew saul , but when she saw samuel ▪ she cryed out with a lowd voice ; when she knew saul , she had no reason to be afraid , but rather comforted , for that she had his oath for her security . it may well be , that if either she had a familiar spirit , or the art of hollow-speaking , her intention was to deceive saul , and by her secret voice to have made him believe , that samuel in another room had answered him ; for it appears that saul was not in the place where she made a shew of raising samuel : for when she cryed out with a loud voice , saul comforted her , and bid her not be afraid , and asked her what she saw ? and what form is he of ? which questions need not have been , if saul had been in the chamber with the witch . king iames confesseth , that saul was in another chamber at the conjuration ; and it is likely the woman had told saul she had seen some fearful sight , which made him ask her what she saw ? and her answer was , she saw gods ascending out of the earth ; and it may be understood , that angels waited upon samuel , who was raised by god , and not any puppets or devils that she conjured up ; otherwise , the words may be translated as deodat in the margent of his italian bible hath it , she saw a man of majesty or divine authority ascend , un ' huomo di majesta è d' authorita divina , which well answers the question of what form is he of ? which is in the singular , not in the plural number . we find it said in esay . . thou shalt be brought down , and shalt speak out of the ground , and thy speech shall be low out of the dust , and thy voice shall be as one that hath a fimiliar spirit out of the ground , and thy speech shall wisper out of the earth ; which argues , the voice of ob was out of the earth , rather than out of the belly ; and so the hebrew exposition which i cited before affirms . some learned have been of opinion that a natural reason may be given why in some places certain exhalations out of the earth may give to some a prophetical spirit . add hereunto , that some of the heathen oracles were said to speak out of the earth : and among those five sorts of necromancy , mentioned by doctor reynolds , in his lecture of his censure of the apocryphals , not any of them is said to have any spirit in their belly . the romanists , who are all great affirmers of the power of witches , agree , that the soul of samuel was sent by god to the woman of endor : to this not onely delrio , but bellarmine before him agrees . that true samuel did appear as sent by god , as he sent elias to ochosias king of israel , who being sick sent to consult with beelzebub the god of echron , may appear , for that samuel is so true and certain in his prediction to saul ; which no witch , no devil could ever have told : for though the wisdome and experience of the devil do enable him to conjecture probably of many events , yet positively to say , to morrow thou and thy sons shall die , is more than naturally the devil could know . mr. perkins confesseth the devil could not foretel the exact time of sauls death ; and therefore he answers , that god revealed to the devil as his instrument sauls overthrow , by which means , and no other , the devil was enabled to foretel the death of saul . here mr. perkins proves not that satan was appointed by god to work sauls overthrow , or that it was made known to him when it should be done . as the rest of the speech of samuel is true , so these words of his , why hast thou disquieted me to bring me up ? may be also true ; which cannot be , if it be spoken by the devil ; or why should the devil tell truths in all other things else , and lie onely in this , i know no reason . doctor reynolds presseth these words against the appearing of samuel , thus : if samuel had said them , he had lied ; but samuel could not lie , for samuel could not be disquieted , nor raised by saul . it is true , god onely raised samuel effectually , but occasionally saul might raise him . but , saith doctor reynolds , though saul was the occasion , yet samuel could not truly say that saul had disquieted him ; for blessed are they that die in the lord , saith the spirit , because they rest from their labours ; and samuel was no more to be disquieted ( if he were sent by god ) than moses and elias were when they appeared to shew the glory of christ , mat. . answer . it did not displease samuel to be employed in the office of an angel , but he obeyed god gladly ; yet since the occasion of his appearing displeased god , it might for that cause displease also samuel . besides , we need not understand the disquieting of samuels mind , but of his body , by not suffering it to rest in peace after death , according to the common and usual condition of mankind : this sense the original will well bear . again , it cannot be believed that the devil would ever have preached so divine and excellent a sermon to saul , which was able to have converted , and brought him to repentance ; this was not the way for the devil to bring either saul or the woman to renounce god. lastly , the text doth not say that the woman raised samuel ; yet it calls him samuel , and saith that saul perceived or understood that it was samuel . mr. perkins & many others esteem balaam to have been a witch or conjurer , but i find no such thing in the text ; when he was required to curse the people of israel , his answer was , i will bring you word as the lord shall speak unto me , numb . . . and god came unto balaam in v. . and in v. . balaam saith , the lord refuseth to give me leave ; and when balak sent a second time , his answer was , if balak would give me his house full of silver and gold , i cannot go beyond the word of the lord my god , to do less or more . in v. . god cometh to balaam and said , if the men come to call thee , go ; but yet the words which i shall say unto thee , that shalt thou do . and when balaam came before balak he said , v. . lo i am come unto thee , have i now any power at all to say any thing ? the word which god putteth into my mouth , that shall i speak : and in the . chap. v. . balaam saith , how shall i curse whom god hath not cursed ? and in v. . he saith , must i not take heed to speak that which the lord hath put into my mouth ? these places laid together , prove balaam to have been a true prophet of the lord ; and he prophesied nothing contrary to the lords command , therefore st. peter calls him a prophet . nevertheless it is true , that balaam sinned notoriously , though not by being a witch or conjurer , or a false prophet ; his faults were , that when god had told him he should not go to balak , yet in his covetous heart he desired to go , being tempted with the rewards of divination , and promise of promotion ; so that upon a second message from balak he stayed the messengers to see if god would suffer him to go ; wherefore the lord in his anger sent balaam . also when god had told balaam that he would bless israel , yet balaam did strive to tempt god , and by several altars and sacrifices to change the mind of god. again , when balaam saw god immutable in blessing israel , he taught balak to lay a stumbling-block before the sons of israel , to eat things sacrificed to idols , and to commit fornication , rev. . . whereas it is said that balaam went not up as other times to seek for enchantments , num. . . the original is , to meet divinations , that is , he did not go seek the lord by sacrifices , as he did , numb . . . . an exact difference between all those arts prohibited in deut. no man i think can give ; that in some they did agree , and in others differed , seems probable . that they were all lying and false prophets , though in several ways , i think none can deny . that they differed in their degrees of punishments is possible : there are but three sorts that can be proved were to be put to death , viz. the witch , the familiar spirit , the wisard . as for the witch , there hath been some doubt made of it . the hebrew doctors that were skild in the laws of moses , observe , that wheresoever one was to die by their law , the law always did run in an affirmative precept ; as , the man shall be stoned , shall die , shall be put to death , or the like ; but in this text , and no where else in scripture , the sentence is onely a prohibition negative , thou shalt not suffer a witch to live , and not , thou shalt put her to death , or stone her , or the like . hence some have been of opinion , that not to suffer a witch to live , was meant not to relieve or maintain her by running after her , and rewarding her . the hebrews seem to have two sorts of witches , some that did hurt , others that did hold the eyes , that is , by jugling and slights deceived mens senses . the first they say was to be stoned , the other , which according to the proper notation of the word was the true witch , was onely to be beaten . the septuagint have translated a witch , an apothecary , a druggister , one that compounds poysons ; and so the latin word for a witch is venefica , a maker of poysons : if any such there ever were , or be , that by the help of the devil do poyson , such a one is to be put to death , though there be no covenant with the devil , because she is an actor and principal her self , not by any wonder wrought by the devil , but by the natural or occult property of the poyson . for the time of christ , saith mr. perkins , though there be no particular mention made of any such witch , yet thence it followeth not that there were none , for all things that then hapned are not recorded ; and i would fain know of the chief patrons of them , whether those persons possessed with the devil , and troubled with strange diseases , whom christ healed , were not bewitched with some such people as our witches are ? if they say no , let them if they can prove the contrary . here it may be thought that mr. perkins puts his adversaries to a great pinch ; but it doth not prove so : for the question being onely whether those that were possessed in our saviours time were bewitched ; the opposers of mr. perkins say they were not bewitched : but if he or any other , say they , were , the proof will rest wholly on him or them to make good their affirmative ; it cannot in reason be expected that his adversaries should prove the negative , it is against the rules of disputation to require it . finis . notes, typically marginal, from the original text notes for div a -e apud selden . apud selden . selden . selden . selden . selden . selden . cambden . cotto●… stow. seld●… selden . selden . selden . chanc. egerton . notes for div a -e * 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . l. . c. . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . &c. * 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . l. . c. . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . a 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . b 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . c 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . d 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . a 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , &c. lib. . c. . lib. . c. . a 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . b 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . a 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . b 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . l. . c. . a 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . l. . c. . b 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . a 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . l. . . a 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . l. . c. . b 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . l. . c. . c 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . d 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . l. . c. . a 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . l. . c. . a 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . l. . c. . b 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . l. . c. . lib. . c. . lib. . c. . lib. . c. . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . l. . c. . lib. . c. . a l. . c. . b l. . c. . c l. . c. . a 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . a 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . notes for div a -e de cive , cap. . sect . . . . notes for div a -e lib. . c. . lib. . c. . notes for div a -e p. . p. . p. . p. . p. . p. . p. . p. . p. . p. . p. . p. . p. . p. . p. . p. . p. . p. . p. . p. . p. . p. . p. . p. . p. . p , . p. . p. . p. . p. . p. . p. . p. . p. . p. . p. . p. . p. . p. . arist. pol. l. . c. . notes for div a -e cap. . lib. . c. . cap. . cap. . cap. . lib. . qu. . cap. . lib. . sect. . cap. . sect. . cap. . sect. . lib. . cap. . cap. . cap. . sect. . cap. . sect. . chap. . sect. . cap. . sect. . lib. . cap. . cap. . sect. . ainsworth upon deut. . die lunæ, julii, . it is this day resolved upon the question by the commons in parliament assembled, that a printed paper entituled, a motive to all loyal subjects, to endeavor the preservation of his majesties person; wherein major general skippon is slanderously charged with notorious falsities, is a malicious and scandalous libel. england and wales. parliament. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing e b). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e b estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) die lunæ, julii, . it is this day resolved upon the question by the commons in parliament assembled, that a printed paper entituled, a motive to all loyal subjects, to endeavor the preservation of his majesties person; wherein major general skippon is slanderously charged with notorious falsities, is a malicious and scandalous libel. england and wales. parliament. sheet ([ ] p.). printed for edward husband ..., london : july , . other title information from first lines of text. reproduction of original in: birmingham central reference library. eng skippon, philip, d. . motive to all loyal subjects, to endeavor the preservation of his majesties person. great britain -- history -- civil war, - . great britain -- politics and government -- - . broadsides -- england -- th century. a r (wing e b). civilwar no die lunæ, julii, . i. it is resolved upon the question by the commons in parliament assembled, that a printed paper entituled, a moti england and wales. parliament a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion die lunae , julii , . i. it is resolved upon the question by the commons in parliament assembled , that a printed paper entituled , a motive to all loyal subjects , to endeavor the preservation of his majesties person ; wherein major general skippon is slanderously charged with notorious falsities , is a malicious and scandalous libel . ii. resolved , &c. that this house doth declare , that it doth appear to them , that captain rolph , charged by mr. osborn to conspire the taking away of his majesties life , is not son in law to major general skippon , neither hath any relation unto him , as is falsly charged in the said paper . iii. resolved , &c. that it doth appear to this house , that mr. rolph who is son in law to major general skippon , hath no command in this army , nor hath or ever had any command in the isle of wight . iv. resolved , &c. that the foul aspersions in the said libel cast upon major general skippon , tended to blast him in his reputation , to raise mutiny and sedition , and to stir up the hatred of the people against him , thereby to render him useless in these distracted times , he being a person of such eminent worth . v. resolved , &c. that these votes be forth with printed , and set up in the most publique places of the city , to discover to the people the wicked designs of these libels , and to vindicate major general skippon in his honor from the false calumnies hereby cast upon him . h : elsynge , cler. parl. d. com. ordered by the commons assembled in parliament , that these votes be forthwith printed and published . h : elsynge , cler. parl. d. com. london , printed for edward husband , printer to the honorable house of commons , iuly . . a serious expostulation with that party in scotland, commonly known by the name of whigs wherein is modestly and plainly laid open the inconsistency of their practices i. with the safety of humane society, ii. with the nature of the christian religion, iii. their two covenants are historically related, and prov'd to be no sufficient warrant for what they do, iv. their new doctrine of a pretended forfeiture, is prov'd to be groundless. craufurd, james, th cent. approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing c estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a serious expostulation with that party in scotland, commonly known by the name of whigs wherein is modestly and plainly laid open the inconsistency of their practices i. with the safety of humane society, ii. with the nature of the christian religion, iii. their two covenants are historically related, and prov'd to be no sufficient warrant for what they do, iv. their new doctrine of a pretended forfeiture, is prov'd to be groundless. craufurd, james, th cent. p. printed for j.d. for richard chiswell ..., london : . attributed to james crawfurd. cf. halkett & laing ( nd ed.). reproduction of original in huntington library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng covenanters. great britain -- politics and government -- - . - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - robyn anspach sampled and proofread - robyn anspach text and markup reviewed and edited - pfs batch review (qc) and xml conversion a serious expostulation with that party in scotland , commonly known by the name of whigs . wherein is modestly and plainly laid open the inconsistency of their practices ; i. with the safety of humane society . ii. with the nature of the christian religion . iii. their two covenants are historically related , and prov'd to be no sufficient warrant for what they do . iv. their new doctrine of a pretended forfeiture , is prov'd to be groundless . london , printed by j. d. for richard chiswell , at the rose and crown in st. paul's church-yard , mdclxxxii . a serious expostulation with that party in scotland , commonly known by the name of whigs . with what horror must one look back upon the deplorable state of this wretched kingdom these years , since the unhappy principles of subjects taking arms against the lawfull magistrate under pretence of religion first prevailed among us ! should i here impartially set down the strange distractions that tore us in pieces , the rivers of blood that were shed , and the manifold miseries that we and our fathers for many years groaned under , i might seem perhaps to affect the writing a tragedy , or the raising transports of passion in my readers breast . but , alas ! the dismall effects of those convulsions are still so visible , that as they will justify all that can be said upon this subject ; so at the same time they make it needless . when we had fought our selves into bondage in the late unnatural war , and had no way left to remove the just scourges of rebellion , besides our prayers and tears , which at length obtain'd of god the recovery of our ancient government , rights and properties , it was to be hop'd that the fresh remembrance of what we had felt , would have frighted at least the present generation from all thoughts of renewing our sufferings , and have kept our soveraign's reign as free from blood , as god was pleased to make his restauration . but wofull experience has prov'd how soon so great a deliverance was forgotten : before the cicatrice of the late wound was well closed , we made haste to open it again . pentland hills , and bothwell-bridge will stand for lasting monuments both of our ingratitude to god , and of our disloyalty to his vicegerent . nor do we only adhere to those wicked principles which have already cost the nation so dear , but even outdo them by new and more dangerous positions . our fathers , without casting off all reverence for the government , insisted only upon some pretended excesses , which they pretended to redress . but some among us of late , by taking upon them to lay aside him who had undoubted right to govern , do strike at the very root , and endeavour to destroy the whole ancient constitution at one blow . they set up for a further degree of sanctity and reformation , which we have unhappily brought into such a corruption of morals , as has not been hitherto known among christians . are not assassinations taught , as well as practis'd among us ? and those who suffer for the basest of murders , are they not cry'd up for martyrs ? are not the minds of many debauch'd to that strange degree , as to glory in opinions , and die for doctrines , which others cannot hear mention'd without horror ? do not men , pretending to no ordinary measure of christianity , every day commit and allow of actions whereof heathens would be asham'd ? and in one word , can any thing be so wickedly contriv'd by those of the party , as not to be cloak'd with the specious title of zeal for christ ? hence it is that atheists and profane persons take occasion to scoff at our holy religion ; a reproach is hereby brought upon the reformation , which always charg'd popery with rebellion . the rest of mankind look upon us as enemies , and contemners of the most sacred ties of religion and society . nor is it to be doubted but if we go on in such brutal tenets and practices , our land will again become a field of blood. for can we expect that the government will thus give way to its own dissolution ? or suffer us to go on in courses so inconsistent with the publick safety ? when softer methods prove ineffectual , will it not be forced to defend it self by proceeding to the utmost severities ? and i dread to think how when the wrath of god , and of our injur'd prince , shall at length pursue us for our unaccountable obstinacy , we cannot any where expect either refuge or pity . this terrible prospect of what is most likely to come to pass , has so wrought upon me in my retirement , that notwithstanding the circumstances of my present condition , which secure me as much from any share in my native countrey 's danger as my conscience doth from its guilt . i am resolv'd to discharge the duty of a sincere christian and of a faithful patriot , in laying open my thoughts upon this occasion . now that those , for whose sakes this discourse is undertaken , may both the better understand , and the less partially read it , i shall endeavour to fit my stile to the meanest capacities , and to avoid , as much as possible , all sharpness of expression , being of my self most inclin'd to lenitives ; and having often observ'd that gentle treatment is most apt to affect noble tempers , i shall therefore beg of my countreymen that they will be pleased to lay aside prejudice for a little while , and consider fairly with me these four things . i. if such courses be not really inconsistent with the safety of any government . ii. if they be not contrary to the nature of the christian religion . iii. if what is alledged from the obligation lying upon us by the late covenants , be a sufficient warrant for what we do . iv. if there be any ground for the new doctrine of a pretended forfeiture , which some among us insist upon . first consideration . it is necessary in all civil constitutions , that the actions of particular persons be directed towards the publick good. but most men being apt to steer their course only by the compass of interest , the wisdom of no government has hitherto found out a better way to support it self , than by establishing such an authority as might see to every man performing his part in relation to the publick . this last resort of power , as the very life of the government , has still been accounted sacred and inviolable ; has had all the advantages of laws in its behalf ; has every where been arm'd against the attempts of malice , faction , or ambition ; nor has any thing been wanting that might enable it to answer the great ends of its institution , either to administer justice , secure property , or maintain peace and order . in whatever hands this soveraign power is lodg'd , as with us it is undoubtedly in the king 's , there all must be ready to pay an humble deference , not only to countenance authority when it promotes our private interest , but even when it seems least favourable to us , to own that it has power to punish as well as reward , there being no less reason for mens submitting to what authority thinks proper to inflict upon their breach of the laws , than for their laying claim to protection , and other benefits , while they observe them . no severity in the prince can cancel the obligation that lies upon subjects , nor put them in commission to make violent resistance , seeing this were a taking upon them to reject that judge , and deny that authority , which the laws , the government , and they themselves as members of it , have already own'd to be supream upon earth . nothing here below can be so perfectly contriv'd as not to retain some inconveniences , and i shall grant a probability , or a possibility at least , of particular persons suffering sometimes unjustly , to be an inconvenience which necessarily accompanies the chief authority in all governments . but if there be no other way to shun it , than by allowing violent resistance to be lawfull in such cases , the remedy will questionless prove much worse than the disease . if with the many laws in the prince's behalf , there were but one to countenance resisting him , this one would in a short time destroy all the rest , and reduce his authority to an empty name . or if it were declared lawfull for subjects only to resist in some cases , who must judge when these fall out ? the prince could hardly be brought to give sentence against himself , to wound his power by releasing men from their allegiance . and if it were left to the judgment of subjects , it is to be feared that the determination would be highly partial on their side ; the case of lawfull resistance would then turn frequent , obedience would be rare , unless supported by interest , and subjects would at this rate only be such to whom and when they pleased . this principle of resistance being once allow'd , it necessarily opens a door to subvert all authority , and renders the whole design of government ineffectual . how could the publick peace be secur'd , if there were ways left for particular persons lawfully to rebel ? differences could never be decided but by granting a sentence from which there is no appeal , back'd with a power of executing without danger of opposition . there could be no order , were it left to private men to desert their stations , to turn judges where they are parties , and to call rulers to an account of their administration . if we leave kingly government , and look upon the most popular constitutions , which are raised but one step above anarchy , even there the chief magistrates are only accountable to the whole body for their actions : nor can any part of this body , without the concurrence of the rest , meddle with those that have their authority from all . let us suppose authority in some cases may be mistaken or biass'd in its decisions ; without doubt we might expect much greater errors and partiality , were every man left to judge of his own performances . if we think it inconvenient that the prince should be enabled by his power to injure any particular person , much worse would it be to put it in every particular person 's power to be unjust to the prince . to be short , the supream power falling sometimes into no good hands , doth not frustrate the chief ends of government ; but if discontented spirits may find ways lawfully to make opposition , nothing can keep it from being dissolved . it is most plain that subjects rights are rather secur'd than endanger'd by the princes not being accountable for his actions , and that they would soon find themselves at a loss by being allow'd to resist : for as men are naturally apt to complain , and are allways partial enough to think themselves most hardly dealt with ; so if they were at liberty to fall upon the government , in helping to weaken that they would wound their own security . the whole body must feel the blow which the head receives . life may be preserved with the hazard or loss of several members , but when the head is affected , every part languishes , and with it all dies . the great foundation then of the subjects safety being shaken by violating the prince's rights , interest it self should teach us to be very tender of them , and never to offer at destroying that which appears perhaps inconvenient in one respect , but is useful and necessary in many . if it trouble us to be at the prince's mercy , we may remember we are likewise under his protection , and so need apprehend none besides . and this i humbly conceive is a condition much more desirable , than by renouncing our allegiance , unhinging the government , and getting thus without the reach of an imaginary danger , to draw upon our selves the violence of every one that hath strength or wickedness enough to hurt us . and truly our countrey is at little beholden to us for resisting authority , as we are to our selves ; for in shaking off all duty to our prince , we encourage others to do the same : this must involve the government in constant trouble , and deprive us of the blessed fruits of peace upon which we cannot set too high a value . if every one of us be resolv'd to make good our petty rights , can we imagine our prince will tamely pass from his , which are so great ? and at this rate there is no avoiding a civil war , with all its fatal consequences , which will fall much heavier upon the publick , than any thing that any particular man or sort of men can suffer . the government of the worst of princes is infinitely preferable to anarchy and confusion , where guilty and innocent are equally obnoxious to danger ; where no man's prudence , vertue , or merit can give him sanctuary . rome felt it self much more at ease under a caligula , a nero , a domitian , or a commodus , than amidst the terrible alarms of a civil war. this in a few days spilt more of rome's best blood , banish'd more senators , and ruin'd more families , than any of those tyrants did in several years . but if it went better with the publick , while such monsters sate at the helm , who were themselves govern'd , and govern'd others by no better laws , than what cruelty , avarice , ambition , and the rest of their unbridled passions suggested ; i am willing still to believe , that none of us are so much our own , and our countrey 's enemies , to prefer anarchy before the easy yoke of our indulgent prince , who 's reign has never yet been stain'd with one act of his cruelty ; whom envy it self cannot charge as gratifying his avarice , or ambition , at the expence of his subjects fortunes or lives ; but who on the contrary has hitherto made good , what he has been pleased , both in publick and private , often to declare , that he intends to govern according to the established laws of his kingdoms . and truly we must allow it reasonable , that all his subjects follow this royal pattern , and make the laws likewise the sandard of their actions ; or if they cannot be brought this length , it is fit that at least they learn patiently to submit , without taxing their prince of severity or injustice , for requiring them to observe those rules , by which he himself vouchsafes to be govern'd . but if nothing besides our own private interest will influence us , even this ought to make all tremble at the very thoughts of disturbing the publick peace , or of setting their countrey on fire , lest they themselves be burnt up in its ashes . as no art can manage this flame , when it is once kindled ; so it has always been observ'd , that the unhappy instruments of such tragedies have seldom escap'd , or , at best , the issue has prov'd more grievous , than any thing that could have befallen them by keeping to a dutiful compliance . it must then be confest , that men are very ill advis'd , to draw inevitable calamity upon their countrey , and to sacrifice the lives and fortunes of so many thousands , where the injustice is so plain , and the success of the undertaking so doubtful . and now me-thinks i hear some alledg , that they only endeavour to maintain those natural rights and priviledges to which every man has an undoubted title , or that they only stand upon self-defence , which is enjoin'd them by the law of nature . but however plausible such pretences may appear at first view , yet when narrowly look'd into , they will not be able to bear them out : for neither the defence of natural rights , nor the law of nature , will allow of any such monstrous doctrine . as to things which are undoubtedly natural rights , all men , who are members of societies , and live under any rules , do every day part with several of them , and find a real advantage in so doing , they freely resign some natural rights into the hands of the publick , which thereupon ensures to them the rest . and tho by this means their natural liberties are brought under the confinement of laws , and are in some measure abridg'd , yet still their condition is much more comfortable , than if they continued single and independent persons , neither owing obedience as subjects , nor as such receiving protection ; for in this case the pleasure of enjoying all the priviledges of nature , with the gilded name of entire liberty , would be sufficiently allay'd by the constant terrors and fears they must then live in . their own natural rights , without any other support , would little avail them , nor would their overvalued freedom fail to determine in slavery , as soon as they met with any stronger than themselves . and thus by standing upon all the priviledges of their birth , and every thing that nature had given them , they should be able to secure nothing . the greatest lovers therefore of freedom , have in all ages been wise enough to see an interest in framing themselves into bodies under certain laws , which limited , but withal secured those rights of nature ; and the great dangers from which this union freed them , as well as the advantages that have arisen from it , made men agree , to keep nothing back , no not life it self , when the publick required it : and this makes it evident , that self-defence is not enjoin'd by the law of nature , because this law is inviolable ; and if it absolutely required the preservation of life , no man could then venture it for his countrey , for his parents , nor for his friends , no criminal could without sin submit to the execution of the judges sentence ; and not to meddle with christ's death , the glory of martyrs would be their crime , for violating the law of nature by their voluntary sufferings . i own self-defence to be every man 's undoubted birth-right , one of our dearest priviledges , which we are not to forgo unless upon weighty considerations . but the great fallacy is here , men are apt to confound natural rights , and the law of nature , which vastly differ . the law of nature contains certain general truths , the fruit and genuine results of reflection , the very impressions which god has immediately graven in our souls , which are not to be violated , and which every man's reason must approve . whereas the rights of nature are frequently dispensed with , nor have we any further title to them , than the laws of the government , whereof we are members , allow us . so that the whole matter being rightly understood , i may boldly say , the law of nature first taught men to give up their natural rights to the publick , as the wisest bargain they could make , seeing upon their committing their lives , liberties and fortunes to its trust , to be dispos'd of at all times as the publick should think fit , there is a sufficient return made them by the publick , which in this case undertakes their protection against the whole world. second consideration . the great design of the christian religion is to reform men inwardly , to calm the storm , which pride , malice , or love of revenge are apt to raise , which it effects by seasoning the mind with humility , gentleness , and patience . it was chiefly intended to remove mens thoughts from temporal to spiritual objects , teaching them in all conditions to shew an entire resignation to god , grounded upon a sure confidence of his paternal care and protection ; and when men are once arrived at this blessed temper of spirit , it will discover it self in the whole tenor of their lives , with relation both to god and their neighbour . far from repining at the divine providence under the harshest dispensations , they will then be seen to rejoice in afflictions ; they will cheerfully take up their cross , and , notwithstanding all discouragements , will keep on a steady course towards heaven . nor is it to be imagin'd that ill usage from men will be able to discompose those , who have put on the strongest resolutions to be at peace with the whole world , to forgive injuries as soon as received , to pray for their persecutors , and to return good for evil. seeing the holy religion then , which we profess , requires such a peaceable and gentle disposition of mind in the cross occurrences of this life , and seems upon all occasions to discountenance any thing that savours of violence , certainly it will never allow of violent methods in what immediately regards it self . and as these are neither suitable to the nature nor design of religion , so it may be sufficiently secur'd without them ; and he who questions the truth of this , doth forget that religion is an inward principle , fix'd in the soul , from whence no outward force is able to remove it . men may be spoil'd of their goods , depriv'd of their liberties , and suffer constant persecution for righteousness-sake , without hazarding their religion , which is beyond the reach of the strongest and most malicious enemies . an undeniable instance of this truth we meet with in the primitive martyrs , who , tho they were oftentimes mean and contemptible persons , yet they held out against the whole power of the roman empire . so that religion may properly be term'd , a precious treasure , of which no man was ever yet rob'd , but by his own fault ; and as we may laugh at any attempts , which are made against it , so nothing can be more unreasonable , than to use violence in keeping what cannot be taken from us . we much undervalue its power , if we imagine that there is need of any thing of this kind to support it . nor can there be a more certain sign of the spirit 's being weak in us , than our not daring to trust it without a guard. in a word , religion has not throughly inflam'd those souls , which are not able to offer sacrifice to god without borrowing strange fire . the precepts of christianity do not seem plainer in any one thing , than in that unlimited submission which , as subjects , we ow to our prince ; and if our duty to god may sometimes justify our refusal to pay an active obedience , yet in no case are private persons at liberty to resist , but must bear patiently the sharpest tryals , until they can ease themselves in a lawful , that is , in a peaceable way . if the princes edicts therefore should appear such as did infringe our dearest priviledges , and in our judgment strike even at religion it self , we ought still to remember who we are , and what we are concern'd for . we must not presently shake off our allegiance , and imagine that this gives us authority to disturb the publick peace , or that there is no rebellion where religion is the cause we fight for . god doth not call us to put to our hand after this irreverent manner , to support the tottering ark ; and the sincerity of our intentions , or our zeal for god's glory and the gospel , will not excuse us in any indirect courses . god is jealous of his own honour , and can easily compass his ends , without requiring such things at our hands . the means he is pleased to recommend to us , as fittest for this purpose , are our humble addresses to our soveraign , whom in conscience we dare not oppose , our making known our just grievances in a dutiful manner , and laying modestly before him those considerations , which are most likely to remove his prejudices , and dispose him to entertain a better opinion of us and our principles ; and when we have fought with these arms , which heaven approves of , we must back our petitions with our prayers to god , that he , who has the hearts of kings always in his hands , will incline our prince to grant our requests , and then , if our cause be truly good , if it be god's as much as we are willing to believe it is , then if we do not spoil it in the management , we need not in the least doubt of a most comfortable issue . but as things are now order'd , it will be hard to persuade the world that we are acted by an evangelical spirit , where the practices of many are so apparently contrary to the gospel . to have our hands still upon our swords , ready to draw as soon as the least advantage is given us , is a posture ill befitting our profession , and is that which doth insensibly destroy , but will never maintain religion . what we would have pass for pure zeal , others look upon as rage , and love of revenge ; and condemn our fomenting tumults and insurrections against authority , as flowing either from a diffidence of god's providence , or from a distrust of his promises , or at best from our impatience to wait his good time . look back upon the contrivances of all rebellions , and you must reckon craft , ambition , and hypocrisy have been always among the most innocent instruments that are employ'd in hatching and carrying them on ; and yet these are so far from being acts of christianity , that all men who are concern'd to be thought strict in their morals , will be asham'd to own them . what then shall we say to the falsehood , the cruelty , the oppression and injustice which are so eminently conspicuous in the history of our late unhappy rebellion ? certainly for men to pretend amidst so gross enormities , that what they do is to promote god's service , and to fight his battels , is a sin much beyond all the rest , and brings so great a scandal upon our holy religion , that we see by woful experience , how it has help'd to set up that spirit of atheism which now abounds among us . the arms with which true religion delights to defend it self , are of a quite different nature , as justice and integrity in mens dealings , innocence in their lives , zeal without hypocrisy in their holy performances ; willingness rather to receive the greatest , than to do the least injury ; enmity against no person , much less against the prince ; constancy in suffering all manner of inconveniences , rather than to contract guilt in removing them ; and lastly , a sincere abhorrence of offering to stain the christian religion , by shedding any man's blood in its maintenance , while yet they are resolv'd by god's grace patiently to sacrifice their own lives , rather than renounce it . these and the like were the innocent methods which under god prov'd instrumental in converting the heathen world. christianity , after a new kind of warfare , became victorious by yielding ; planted , 't is true , it was and grew up in blood , yet in such as was not spilt in the open fields , but upon scaffolds and in amphitheaters , and always without resistance . no other arms than prayers , tears , and invincible patience , made it triumph over the power of heathen rome . holy leagues , bonds of mutual defence , cabals and secret practices were not known in those ages . private meetings indeed we read of , which far from endangering the peace of the empire , prov'd the best seminaries to instruct men in the principles of loyalty as well as religion ; nothing of sedition was ever heard or taught in those pure , tho nocturnal assemblies . no man thought fit to meddle with authority , or arraign the government there ; the time was much better spent , even in exercises of devotion , and in pious meditations ; seldom was the emperors name there mentioned , except in the prayers that they daily offer'd up for his safety , even when the church groaned under his persecution : and for the truth of what is here alledged , i dare appeal to the doctrine and practice of christ , and of the primitive christians . if we take an exact view of the great copy christ has set us , either in his words or in his actions , in what he taught , or in what he suffered , every part doth breath that peace , which , as a legacy , he did bequeath his disciples , ( john . v. . ) those who are gently and peaceably dispos'd , have no small share in the blessings he pronounced in the beginning of his most divine sermon , ( matth. . v. , , . ) and if we urge his own words to the contrary , that he came not to send peace , but a sword , ( matth. . v. . ) these shew us rather what he foresaw would be the unhappy effect , than the real design of his coming , which was chiefly to make peace betwixt god and man , and to make men be at peace with one another ; in order to this he commands us not to resist evil , ( math. . v. . ) or the evil person , as the learned here observe : and if the precept be general , the inference is strongest , with relation to our prince , who if he prove evil , unjust or froward , yet of all persons is least to be resisted . i might bring the most material passages of the gospel , in confirmation of this necessary truth . but i shall for brevitie's sake confine my self to two or three instances . when the inhabitants of a samaritan village refused to entertain our saviour , ( luke . v. . ) two of his disciples not being able to bear this affront , ask'd leave to command fire down from heaven and consume them , as elias ( kin. . v. , . ) had done , but we find he answer'd them with this sharp rebuke , ye know not of what spirit ye are . they did imagine it fit for them to imitate the prophet , forgetting that they were now in the school of christ , and not in that of moses . many things were allow'd , but especially to those called zealots , by which character elias then acted , which could not take place under this new dispensation . the gospel was to be carried on with a spirit of lenity and meekness , men were to be charm'd and not frighted into a good opinion of it . nor was it at all to be introduced with violence , or hazard to their lives , seeing the design of the son of man's coming , was not to destroy men's lives , but to save them , luke . v. . the next instance shall be that of st. peter , who when the souldiers came to apprehend christ , ( math. . v. , . ) drew his sword , and smote a servant of the high-priest's , and out off his ear ; but instead of receiving thanks for his zeal in his master's defence , he was commanded to put up his sword , with this threat , that all they who take the sword , shall perish by the sword. both ancient and modern writers have urged this as a plain argument against subjects assuming to themselves the power of the sword to oppose magistrates , or those who act by their commission , and the cavil which some make , as if the threatning were here directed rather to the jews than to st. peter , will with impartial persons always pass for a violent wresting the words from their genuine sense . an ancient father ( theophilact ) doth expresly say that christ here taught his disciples not to use the sword , tho by so doing he might seem to vindicate or defend god himself . another of the ancients ( origen ) doth conclude from christ's command to peter to put up his sword , that we must not draw it unless we will perish by it , and that all those who are not inclin'd to peace , but are movers of sedition , shall perish in the war which they occasion . and to give you the comment of st. austin here for all , he saith that the lord did in these words sufficiently check st. peter's fact , when he said , put up again thy sword , for he that useth the sword shall perish by the sword ; and he useth it , who , when no superiour nor lawful power doth allow , makes use of arms against the blood of another . it would be too tedious to set down the words of the most eminent modern divines , who agree that peter's action and christ's reproof , ought to discourage all private persons from rising up against authority , i shall only give the words of one most learned and judicious commentator ( grotius in math. ) upon this place , and the rather , because some have falsly challeng'd his testimony from other of his writings , to weaken this evangelical doctrine of non-resistance . this admonition , saith he , doth not only belong to peter , but indeed to all christians , whom publick authority offers to punish for their profession . and it is the will of god that we should then give testimony to all the world of our christian patience , and commit our souls unto him , as unto a faithful creator , pet. . v. . for what , saith he , can be more just , than for us to lay out our lives for the honor of him , from whom we had them . nor must the natural right of self-defence be here pleaded , for there is great difference , saith he , in using this right against robbers , or such like persons , where we have the law on our side , or against the commands of authority , which , tho unjust , are to be born with . for , as he afterwards observes , men being apt to be partial in what immediately concerns themselves , if once private persons be allow'd to make violent opposition , when they think they are injur'd by the magistrate , the world will soon be fill'd with tumults , and the force of laws and judicial procedures will be made void . reason , therefore it self obligeth us to grant some power which must not be resisted ; and it is certain , saith he , in matters of religion the examples of the primitive christians do teach us to suffer patiently any violence offered us by those who are in authority . now considering all that might be said in behalf of st. peter , we shall scarce meet with such another act of hostility , that may seem so excusable . justice , duty , religion seem'd all to countenance what he did . violence was here offer'd to a person , whom he knew to be most innocent , and in whom no other fault could be found , than what malice falsly suggested ; and therefore no wonder , if peter thought fit to do what he could , to rescue him . what he did was in defence of a master , and one , who besides the common ties of duty and gratitude , which might prompt the disciple , had deserved likewise well of him , by many special acts of love and tenderness express'd towards him . and lastly , there seem'd to be true zeal for religion in this attempt ; for he saw they were going to put the messias to death , purposely to stifle the great miracles they had seen him work , to disgrace the heavenly doctrine which he had taught , and to render the whole design of his coming into the world ineffectual . besides , there were other circumstances to plead for him . as they were no magistrates who came to seize upon jesus , so 't is probable he understood not by what authority they acted ; and tho i shall not with some alledge , that the high-priests commission under the roman government was not sufficient in such cases , yet 't is most probable , that peter look'd upon those who came , as the peoples emissaries , and their coming to be an act of their popular rage . lastly , for his intention in what he did , it clearly appears , to have been only in defence of christ's person , without the least design of giving any further disturbance to the government . and yet notwithstanding all that can be said for him , his attempt is censur'd by him , whom he intended to serve in it . and that is recorded as a warning for all christians , to beware of resisting authority , even when their actions aim at nothing but the defence of christ and the gospel . the last and great instance is christ's own carriage at his tryal , in which he fully answer'd the character given him by the prophet , ( isa . . v. . ) he suffered himself to be brought as a lamb to the slaughter ; as a sheep before the shearer , so he opened not his mouth . he question'd not the authority of pilate , he summon'd not legions of angels to come to his assistance , but meekly and humbly submitting to a most unjust sentence , he has proposed himself as a patern to christians , ( pet. . v. . ) for tho it behoved christ according to the scriptures to suffer , yet what was necessary both in respect of god's decrees , and for the benefit of mankind , must be acknowledged voluntary in respect of the sufferer , and ceases not to be imitable . if we will be his disciples , we must trace his glorious footsteps , take up our cross , and like faithful souldiers follow the captain of our salvation , when he calls us . what he requires at our hands is most reasonable , for if we be not able to do great things for his sake , sure it is in our power to command our selves from doing violence to any , to forbear even acting against our persecutors ; and by this means we become sufferers with him ; he approves of no other resistance than what he made himself , and what the scripture ( heb. . v. . ) mentions of , resisting to blood. christ's followers are only to fight his battels in the noble army of the martyrs . and in this , no doubt , we perform a truer act of religion , more acceptable in the sight of god , more agreeable to christ's doctrine and practice , than we are able to do by any other service whatsoever . after our blessed saviour's ascensson , the apostles did carefully observe the rules he left them , their carriage upon all occasions was humble , peaceable , and gentle ; when they were brought before magistrates and governours , they treated them with respect , but did never call their authority in question , nor upbraided them with cruelty and injustice , as we too frequently hear done in our chiefest judicatures . st. paul ( acts . ) having spoken irreverently to the high-priest , who unjustly commanded him to be smitten , while a prisoner at the bar , before trial or sentence , thought it his duty to make an apology , declaring that he knew not the quality of him before whom he stood , and that men were not to speak evil of the ruler of the people . he stood indeed upon his priviledg , and appealed from an inferiour magistrate unto caesar , ( acts . ) but in this he owned the higher powers , which some among us have learned to reject , he pleaded not any exemption by virtue of his apostleship , tho he could not reasonably expect much favour , where a nero was to be his judge . his doctrine of obedience and submission is no less remarkable than his practice ; so that if there were not one word in the writings of all the apostles to this purpose , besides what st. paul has in the first seven verses of the thirteenth chapter to the romans , we might there be sufficiently instructed in the duty of subjects : his positions are so plain , and the arguments , by which he enforces them , are so convincing , that had he lived in our times , and heard all the objections which are raised against the doctrine of submission , he could not have answered them more clearly , nor in fewer words ; and no doubt the spirit of god , which did dictate what he , and st. peter , and st. jude did write upon this subject , had an eye to the degeneracy of latter ages , and design'd to lay such sure grounds of christian obedience , as the wisdom of the world should never be able to shake in those , who are resolved to regulate their lives by the scripture . nor doth it add a little to the weight of their testimony , when we consider the circumstances under which they then were , had the world in those days been govern'd by christian princes , who submitting their scepters to the cross , had gloried in shewing themselves nursing fathers to the gospel in its infancy , their doctrine might then have seem'd suitable to the temper of those they had to deal with ; nor could they have allow'd too much to princes , who were like to use their power for the establishment of the christian religion . or had their princes , tho heathens , been nerva's , antonius's , or aurelius's , persons remarkable for their justice and clemency , there would have been no great inconvenience in this doctrine , but their preaching up submission to such monsters as claudius , or nero , under whose cruelties the roman empire then groan'd , doth clearly demonstrate , that they were not govern'd by political maximes , nor biass'd by any worldly consideration . but on the contrary , that they laid down general and inviolable rules , to be observed at all times , and towards all princes , the froward as well as the gentle ; those who did unjustly persecute them , as well as others that vouchsafed them protection . and certainly in this , and in no other sense , did the primitive christians understand the apostle's words , and were therefore of all subjects the most dutiful to the very worst of princes ; no barbarous usage , no oppression could make them swerve from their first principle of patient submission ; they had always before their : eyes the pattern of their blessed saviour , in every step of his humiliation and sufferings ; nor did they forget what he had taught them , ( john . v. . ) that his kingdom was not of this world ; and that they , being his servants , were not therefore to fight ; they knew he intended no prejudice to the rights of princes , in setting up his monarchy , which is spiritual and eternal . and this puts me in mind of a remarkable passage in a fragment of egesippus , a most ancient christian writer , how domitian , like another herod , being jealous of christ's return to dethrone him , raised an heavy persecution against the church , giving particular order , that such as were of the seed of david , should be forthwith secur'd ; whereupon some , that were related to christ according to the flesh , being brought before him , and examin'd first concerning their own condition , which they easily made appear to be mean and low ; and afterwards concerning the nature of christ's kingdom , they shewed so plainly , that it was not of this world , but commenced properly , when others ended , being spiritual and eternal , that having satisfied the emperour , and freed him from any apprehension of christ's design upon his crown , they themselves were set at liberty , and a stop was immediately put to the persecution . the behaviour of the christians , in those golden ages of the church , never gave any just ground of jealousy to the roman emperours , in all the vicissitudes of that empire , in the frequent rebellions against the government , or conspiracies against the emperour's person ; the christians kept constant to their allegiance . when by siding with such usurpers as cassius , albinus , niger , parthenius , &c. they might not only have freed themselves from bloody yokes , but have also in all probability made sure of large immunities , they could never be wrought on to take arms against the establish'd authority ; they were perswaded , how ill soever the emperours might manage their trust , yet that their commission was seal'd by god. nay sometimes the christians brought upon themselves persecution , by refusing to join with rebels ; as in the reign of adrian , when barochebas and the jews , not being able upon their revolt to engage the christians in their party , turn'd the edge of their sword against the church , killing most barbarously all the christians that they met with , and made them thus martyrs , for the next best cause after religion , if it is not to be called a part of it . now without doubt the many edicts which emperours past in favor of the christians , were grounded chiefly upon such considerations , seeing upon strict enquiry they had never found them engag'd in any plots against the state ; and 't is particularly observ'd of severus , that the kindness , he shew'd to the christians in the beginning of his reign , proceeded from a sense of their dutiful carriage in difficult times , both towards himself , and the former emperours . in fine , the most inveterate enemies of their religion could not deny them this testimony , that in the sharpest persecutions , when they were only suffered to live , to prolong their torments , when a simple death , not accompanied with those horrid cruelties , which were then practised , past for no small favour ; when the streets were filled with the carcasses of martyrs , and the rivers dy'd with the most precious blood of the church , they could never be tempted to rebel . nor was there truly any thing , in which their enemies did more industriously labour , than through despair to draw them into rebellion , that so they might have had the better excuse to cut them off . it grieved the roman emperours to employ their axes and not their swords , and to give their executioners so much work , while their legions were idle , and spill so much blood with so little reputation : but christians knew their duty too well , to give them any advantage in this point ; for the renouncing their religion , or their alledgiance were the only things , wherein they could never be brought to gratify their princes . it were easy to bring many instances in confirmation of what i say , but i shall only pitch upon that famous history of the thebean legion , which tho commonly known , yet can never be either too much admired , nor too often repeated : all the officers and souldiers of this noble legion haveing been converted to christianity by zambdas bishop of jerusalem , during their winter-quarters in those parts , were in the heat of the dioclesian persecution sent from the east , to reinforce the army of maximianus herculeus in france , and understanding upon their arrival in the imperial camp , that a new military oath was to be given them at an heathen altar , purposely to pollute them with idolatry , the whole legion did thereupon retire from the rest of the army : when maximianus commanded them back , mauritius and ex●perius the chief officers answer'd in the name of all , that they were ready to return and fight against his enemies , but being christians , they could not offer sacrifice to the gods. this answer did so enrage the emperour , that he sentenced every tenth man of the legion to be put to death , which was accordingly done , none offering to make the least resistance ; and when the same cruel orders were renew'd , mauritius had so prepar'd them by applauding their former behaviour , that they all answer'd , they were caesar's souldiers , that they had never brought upon themselves the imputation of cowardise , nor deserted their colours ; that they were ready to obey the emperour in every thing , but in offering sacrifice to idols ; and that their bodies he might dispose of as he pleased , only their souls they reserved to christ : then exuperius confirming them in their generous resolution , said , that they did now engage in a new war , and that they must not think to fight their way to heaven with their swords ; tell the emperour , says he , that despair it self shall not be able to engage us against him , we have arms , but we will not resist , because we are willing rather to suffer , than conquer ; preferring much an innocent death , before a life stain'd with guilt . and afterwards making good their own and their officers words , in imitation of their blessed master , they suffer'd themselves to be led as sheep to the slaughter , and received every one a glorious crown of martyrdom . if we compare the meek and christian behaviour of these stout officers and souldiers , with that of our greatest professors , we have reason to bewail the age in which we live , as scarce retaining any tincture of this primitive spirit . what excuse can we bring for men , who pretending to embrace the sacred function of the ministry , and to preach the gospel of peace , have thought fit to appear in arms , surrounded with troops in opposition to christian authority , when we find the officers and souldiers of a legion here throw down their arms , rather than oppose an heathen persecutor ? what could mr. welsch , or the captain of his guard , have alledged in their own behalf , had they heard maunitius upon the head of his legion rejoicing at the patient suffering of those , who died in the first decimation , and exhorting them that surviv'd to follow their example , and not to dishonour their profession , with the guilt of rebellion ? how much more christian was the death of exuperius , who stript himself of his arms , as soon as the emperours commission was produced , than that of mr. cameron , who died with a sword in his hand , resisting his prince ? i dare not say that mr. cameron and this noble officer seem'd to act each others part , seeing exuperius truly perform'd his own , and hath deserved to be celebrated by all posterity , for a christian hero. but i hope m. cameron's greatest friends will not be offended with me , if i declare that in my humble opinion , the manner of his death did give no great lustre to his former actions ; for whatever reputation it may be to a man fighting against turks and infidels in defence of christianity , to be said to have sold his life at a dear rate , yet in giving the character of a faithful minister of christ , i cannot think it much for his honour to mention that he died , as we know m. cameron did , boldly fighting in direct opposition to authority . i am not ignorant how uncharitable some have been , in affirming that the submission pay'd by the ancient christians , flow'd chiefly from their want of power , and that they did not oppose their domitians nor their dioclesians , because they were not in a condition to carry on a rebellion : but 't is a most malicious as well as a false suggestion , only to sully the glory of their sufferings , and to deprive many martyrs of one of the most precious jewels in their crown , by making that submission forced , which was most voluntary . this is directly to tax those sincere christians with disingenuity , as if they had pretended conscience , for what proceeded chiefly from fear or weakness ; while indeed the principles of their religion made them good subjects , and taught them to be more afraid of the guilt than the punishment of rebels . those that were known to pray every day , for a long life , and a peaceable reign to their emperours , could not be supposed to harbour the least thoughts of giving them disturbance , and had their inclinations been at all mutinous , by joining with a disaffected party , which could never be wanting in so great a body , it was in the christians power at any time to have shaken the empire . this we may learn from tertullian , who boasts much of their numbers in his excellent apology . those who by deserting their countrey must have depopulated it , might certainly by fighting have broken the government . in cities where there were two christians to one heathen , as in many then in africk , they needed not have suffer'd themselves to be so cruelly butcher'd , had not their consciences disarm'd them of all weapons of defence against the emperour . the same we may gather from st. cyprian , in that discourse of his addrest to demetrianus ; where he fairly lays down the grounds upon which christians then walked . but granting there had been five heathens to one christian , yet , as tertullian observes , christians readiness to sacrifice their lives might have made up their disproportion in number , had not their religion obliged them rather to dy , than by drawing their swords to kill others . and sure if the christians were considerable so early , as in tertullian's and st. cyprian's time , no question in the latter , and of the third , and the beginning of the fourth century they wanted not strength to defend themselves against the violences then offer'd them under dioclesian and his colleagues , had their religion given them leave to resist . i cannot finish this discourse , without observing that many finding violent practices in matters of religion , utterly condemned by the examples of christ , of his apostles , and of the primitive christians , retire to the old testament , as more favourable to their design : but they never consider that , as many actions are there rather recorded than commended , and which are not to be imitated , tho there be no censure an next to the relations there delivered ; so several things were lawful under that dispensation , which the gospel cannot admit . the government instituted by moses was a theocracy ; where , besides the establish'd laws , god did by immediate inspiration give commission to private persons , to turn magistrates , and to punish offenders , without tying them to any formal procedure ; such was phineas , ( numb . . ) and after him the zealots , whose actions were accounted most heroical among the jews . yet when christ's disciples would have assumed this priviledge in imitation of elias , they met with a check , as i have already observ'd , from their master : and if , according to the opinion of some learned men , peter's action was of this kind , we have still a further testimony of christ's discountenancing such methods , as too violent for the meek spirit of the gospel . and tho the actions of phineas , of elias , and of other prophets , while immediately directed by god , were laudable ; yet afterwards , when their zealots were acted by heat of passion , and private resentment , more than by divine inspiration , to what excess of cruelty and injustice did they rise ! fury and rage under a cloak of zeal pretended to an authority to commit the worst of actions . and josephus informs us , how those , that went under the name of zealots then , were the chief instruments in the ruin of the jewish nation , and in the destruction of jerusalem . now as no religion nor government could be safe under this latter sort of zealots ; so the former were never design'd as paterns for christians , who have settled rules to walk by ; who expect no other revelations than the oracles of god , contain'd in the holy scripture ; and must therefore condemn those that in our days pretend to new lights , and extraordinary commissions , to curb magistrates and reform governments , as seduced by a spirit of enthusiasm , savouring more of anti-christ than of the blessed author of our religion . but tho we should allow men were still at liberty , to imitate those holy zealots , the publick peace will not be much endanger'd by their example ; for by what can be gather'd from most of their actions , they were rather terrible neighbours to notorious transgressors of the law , than undutiful subjects to wicked princes ; they had only permission to do justice upon meaner offenders , but as for the sins of their kings , these were reserved cases , of such god himself thought fit to be the immediate avenger , or at least to ty subjects up from medling with them , until they had his particular commission , which was never granted against their prince , till god , by the authority he reserv'd to himself in that government , had first degraded him . in a word , let us consult the jewish annals , and see , if we can bring any good authority thence , for rising up in arms against magistrates , upon the account of religion ; or whether any of the instances , that are alledged to this purpose , be first in themselves justifiable ; and next , if they be clear evidences in a matter of so great importance : for where the question is , if subjects are to obey or resist , the proofs for resistance ought to be as plain , as those for obedience , before they venture to act ; and this i presume will hardly be made appear from scripture . when jeroboam placed his calves in dan and bethel , and made israel sin ; we find the prophets condemn his idolatry , and foretell the ruin of his house , ( kings . v. . ) but they stirr'd not up his subjects to rebellion against him . elias , as a prophet , took upon him to reprove ahab ; but , as a zealot , he gave him no further disturbance in his government . against all the wicked kings of israel and judah , who were enemies to the pure religion and worship , which god had established , the prophets boldly denounced the wrath of god , but seldom help'd to execute it ; tho under the harshest treatment , when they were hid by fifties in a cave , they never employ'd their popularity to raise sedition , or to involve their countrey in a civil war , either in their own defence , or in that of their religion . when from idolatrous they fell under the yoke of heathen princes and strangers ; they preached up duty and allegiance to such , being persuaded , that these also derived their power from god. and tho the maccabees in opposing antiochus are commended , as the restorers of the ancient worship , and of the liberties of their countrey ; yet i conceive it may be prov'd , that he was an usurper , and had no just title to judea , and that the jewish nation had never , by any legal act , own'd him for their prince . if notwithstanding all that has been said , any among us should still insist upon some actions of the zealots ; which give countenance to resistance , as that of elias , in calling down fire from heaven , to destroy the king's commissionate-officers . i shall only answer , that they also may be allow'd to resist , when heaven appears as visibly in their behalf , as it did here in the prophet's . the world is uncharitable enough to believe , that our zealots would shew some instances of their severity , had they the same power with elias , to command fire from heaven ; and that the king's troops , that have at any time march'd against them , had then died without mercy , after the same terrible manner , that king ahaziah's did , which were sent against the prophet . but hitherto those , that have appear'd in arms against the king , have been so far from giving any evidence of god's fighting for them , or authorizing their proceedings by miracles , that he rather has seem'd to disown them , by casting a damp upon their spirits , when they stood most in need of some extraordinary assistance ; i appeal to those , who were at any of those unhappy engagements against their prince , whether they did not find that heat and flame , which upon other occasions they were able to express , suddenly quencht , when they were just about to act ? have not some of their teachers upbraided them in the psalmist's words , that like the children of ephraim ( psal . . v. . ) being armed , and carrying bows , they turn'd back in the day of battel ? have not the troops , that were sent against them , confess'd , they could not much glory in their victories , because they were so easily obtain'd ? to be plain , i am afraid , we are become equally the object of the world's contempt , and of its hatred ; our late behaviour having brought upon us the imputation of cowardise as well as disloyalty . third consideration . if the persons , for whom i undertook this argument , think fit to reade what has been said upon the first two points , i hope they will not give over here , but will vouchsafe to consider with me , in the third place , whether any obligation , lying upon us from the late covenants , be a sufficient warrant for what we do . now the best method i can propose in this , is to give a brief account of the rise and progress of both covenants , with some impartial reflexions upon them ; in which if my reader will not rest satisfied , he shall have no occasion at least given him to think me tedious . our late soveraign being fully persuaded that no church did approach so near the primitive purity in worship and discipline , as that of england , was resolved to make his native-countrey share in what he judg'd so great a blessing ; and in order to it had a liturgy , and a book of canons , published for the use of scotland ; where he was unhappily made believe , he should meet with approbation from the better sort , and with complyance from all . but the peoples insolent and mutinous behaviour , in affronting and disturbing the persons who were ordered to read the service in the churches of edenburgh , did shew how ill they were disposed to receive it . this popular tumult the first sunday , was soon after back'd with petitions and other marks of their dislike , which obliged the council to advance slowly , until they gave the court advice of what had past . and before the king could come to a resolution in a business of so great importance , such as were no friends to the government , not only ventur'd to publish their dissatisfaction , and to enflame the kingdom with strange jealousies of popery and arbitrary power , but likewise formed themselves into several tables ( as they called them ) of noblemen , gentlemen , ministers , and citizens , and by a new authority took upon them , to sum up all the grievances which they intended should be redressed ; and tho his majesties not urging the liturgy upon that kingdom , when he saw it could not be done in a peaceable way , might have quieted all their minds , yet finding their party strong beyond expectation , they were loth to let slip so favourable a juncture , but boldly resolved to secure themselves against all attempts of this kind , by entering into a national covenant , in which they pretended only to renew that , which had been sworn in the reign of king james . those who adhered to the king's interest , could by no means allow of this manner of proceeding , which appeared equally disingenuous and undutiful . the discontented party alledged in their own behalf , the president given them in the late reign , which the others thought did no ways favour their cause , seeing the covenant then taken was stampt with royal authority , whereas theirs now seem'd directly opposite to it ; for there could not be the least pretence to the king's consent , which they never so much as desired . 't is true , it was upon the humble motion of a general assembly , that the former king's council had order'd the national covenant to be taken the last time , with a bond to maintain the true religion , and the king's person . but this instance of the general assemblies motion , which they laid hold on , was so far from justifying , that it rather condemned their proceedings ; in regard that the general assemblies not enjoyning the covenant , till they had first obtained his majesties consent , made it evident that in the assemblies judgment the oath could not be renewed without that authority which first imposed it ; nor could they expect any sanctuary from the acts of parliament , for it had been declared by more than one , that all who leagu'd themselves together , without the knowledg of their soveraign , were to be punished as movers of sedition , and disturbers of the publick peace . besides their want of authority , they laid themselves open to another most dangerous censure , while under colour of copying a covenant and bond allowed of in the late reign , it plainly appear'd they had not taken their measures by that standard , but had explain'd many things rather according to their own , than king james's , mind , and had also added several new articles of most pernicious consequence , both to the king's person , and the establish'd government . the king's person was endanger'd , in so far , as by their new bond they enter'd into a mutual defence of one another , against all persons whatsoever , without excepting his majesty . this the royal party said was in effect to declare , that if he offer'd to thwart them , they must then oppose him , by adhering to their covenant . nor were they more favourable to the established government , in which they made a wide breach , by taking upon them to cancel all the acts of parliament , and of general assemblies , that authorized the high commission , the five articles of perth , or the sitting of bishops in judicatures . now by these and several other instances of this kind , it seem'd strange with what face they could make their covenant and bond pass for the same with the former kings , seeing it was not to be presum'd that the father design'd to lessen either his own or his son's authority ; nor to teach his subjects how to combine without being rebels ; nor yet to favour the extirpating the articles of perth , and other things after his death , which in his life he had so industriously promoted . whatever influence these pretences might have upon undiscerning people , or such , as gave an implicite credit to whatever their pastors taught them , the world abroad had much different thoughts . nor could all the endeavours that were used to win many of the reformed religion in france , to a good opinion of such courses ; for they having long inveighed against that wicked association at home , call'd the holy league , found their mouths now stop'd , when the protestants , contrary to the principles of our religion , did exactly follow so ill a pattern , set them by papists . besides , they knew not what to think of men , who , setting up for some further degrees in reformation , thought sit to communicate their counsels with cardinal richelieu , whom they in france look'd upon as the most dangerous enemy then alive to the protestant interest ; and indeed how that cardinal's creature , a bigotish fryar , whom he employ'd at that time in scotland , could go along in their counsels , and be so much in the confidence of men , that pretended to root out all the seeds of popery , is a thing yet unaccountable ; and the more to alienate peoples hearts from the new liturgy , they did maliciously give out , that it was forg'd at rome , and approv'd of by the pope . yet the king's friends might have defied them , to shew so much of popish counsel in the framing or introducing that mistaken book , as did appear in the methods they made use of to oppose it . the king perceiving how successfully they carried on their designs , and gain'd many of his subjects to their party , by frighting them with popery and arbitrary power , dispatch'd the marquess of hamilton into scotland , in quality of commissioner , with order , to issue out a declaration , containing all the assurances which could be desired of his majesty's firmness to the protestant religion , together with his engagement upon his royal word not to enjoin the liturgy , nor think of any innovation , unless in such a fair and legal way , as none could reasonably except against . whereupon those of the other party , being apprehensive lest this might remove most of the peoples prejudices against the government , used their utmost endeavours to hinder the marquess from publishing the king's declaration ; and when this could no longer be done , got time enough to form a most bold protestation , by which they labour'd to evade all that was alledged against them , and to justify their whole conduct , declaring roundly , towards the conclusion , that if his majesty did not allow of their proceedings , they were resolv'd of themselves to call a general assembly , which would be more favourable to them . the king's declaration being thus in a great measure rendred ineffectual , and their obstinacy , in adhering to the covenant , growing still greater , a way was thought on how things might be accommodated , without great prejudice to the crown , and the covenant be rendred tolerable ; the royal party therefore proposed , that in the bond of mutual defence against all persons whatsoever , the covenanters , who stood so much upon their loyal intentions , would vindicate them to the world , by excepting his majesty , and declaring , that in their bond they never design'd any opposition to his authority . but this most reasonable demand , the heads of that party could by no means be brought to grant ; and no wonder , if their rejecting so fair and so easy a proposal , gave those , who were enemies to their covenant , occasion to complain , that their practice now began to discover it self inconsistent with what they at first pretended ; for whereas in the covenant they declared from their heart before god and man , that they had no intention , nor desire to attempt any thing , which might turn to the diminution of the king's greatness and authority ; it seem'd hard now to reconcile this and other such expressions , with their threatning , to assume the king 's undoubted prerogative , in calling an assembly , and with their refusing to give the king the satisfaction of excepting him in their mutual bond , even when by his commissioner he so earnestly desired it . there remain'd yet one expedient for the king to ruin all they had done , and this was to renew his father's covenant ; and by this means for ever to defeat their malicious suggestions of his inclinations to popery , which was there so plainly renounced , or at least to make the whole world see , how disingenuous they were , if they offer'd to oppose that covenant , which from the beginning they pretended to have sworn . his majesty , accepting of this motion , was pleased to give his commissioner authority , that at the same time , he recommended the covenant , he should absolutely revoke the liturgy , the book of canons , and the high commission , forbid the practice of the five articles of perth , after a general pardon to such of his subjects , as having been misled , were willing to return to their allegiance ; and lastly , that for examining all their just grievances , he should declare his majesty's gracious intentions to call a general assembly and a parliament , where neither bishops nor others were to be exempted from censure , but proceeded against in a due and legal form according to their misdemeanors . upon the news of the king's covenant , which came thus accompanied with so many and so large expressions of kindness , and with such undeniable marks of his gracious inclinations to purchase his subjects affections at any rate , some who before despair'd of a good issue , and others , who began to shake in their allegiance , were again confirmed , nothing doubting , but that the way to heal the dangerous breach was now found out , and that the jealousies of popery and innovation being sufficiently remov'd , all parties would henceforth concur in expressing their duty to his majesty . but it proved much otherwise with those , who were deeply engaged in the covenant , whom no indulgence could sweeten , nor concession satisfy , with contempt did they reject the proffer of pardon , because accepting thereof might have perhaps argued guilt , and a tacite yielding the point , when they were resolved to insist upon the merits of their cause ; the king's covenant , which had been so dear to the nation in the former reign , and under the shadow of which their new covenant had first taken root , was now cryed down as an hellish contrivance to destroy religion , and the power of godliness , and all that subscribed it , were declared perjur'd , tho they had made their own hitherto pass with the common people for the same ; to be short , all being now at stake , and they like to be ruined by their own arts , it was high time to pull off the mask . finding then that they could no longer pretend the late king's authority , they fled to a greater , protesting their adherence to the new covenant , as immediately sealed from heaven . had they been able to give any evidence for that seal , no wonder if they still made good their party ; but when their prevaricating was already so plain , people were extreamly credulous to rest satisfied in this upon their bare word . i shall only adventure to say , it was no argument of their having the seal of god , because they wanted that of his vice-gerent ; which was indeed a strong presumption against them , and questionless the most zealous espousers of that interest , whatever assurances they seemed to have of god's approving what they then did , will be so ingenuous as to own it a thing of dangerous consequence , for all established governments to give encouragement to pretences of this nature , seeing at this rate all , who design to impose upon the world , may easily seign a warrant from god , and so set up in opposition to authority . that very resolution of adhering to their covenant , which made them fiercely oppose the king's , and reject his act of grace , prompted them to join with his motion for a general assembly , because from thence they were sure to draw some advantage ; and tho the king might justly have refused to make good his proffers , when they had so undutifully rejected the greatest part of them ; yet being willing to gratify his subjects in every thing , the commissioner had order to appoint the time and place . no sooner were they sure of an assembly ( at glasgow , the st of november , . ) but engines were set on work to dispose things for the advancement of the cause : the marquess of hamilton being to preside there for his majesty , proposed some preliminaries to regulate elections , and to prevent such disorders and disputes , as were like to arise , if they observed not one and the same method every where ; these the tables would not hear of , alledging that nothing of this kind could be done , without encroaching upon the liberties of christ and of his church . while at the same time that the king's commissioners preliminaries were rejected , they themselves durst adventure to agree upon eight articles or directions to presbyteries , wherein they determin'd the members that were to be chosen , the matters that were to be handled , and the manner they were to proceed in the assembly , in every one of which all indifferent persons thought the tables guilty of a more open encroachment upon christ and the liberties of his church , than could be charg'd upon the marquess , for his modest and reasonable proposals . amongst other unwarrantable methods , none was more remarkable than their directing lay-elders from every parish , to be present at the several presbyteries , to vote in the election of members for the assembly ; nor could these ruling elders fail to carry the elections as they pleased , if we consider , that six ministers being declared candidates in every presbytery , were obliged to retire , as having no vote in choosing or rejecting themselves , and then the remaining ministers being lessen'd after this manner in number , were plainly out-voted everywhere by the elders . surely this was the first time that ever secular men had the naming an ecclesiastical assembly ; nor needed they have questioned the success , where the business was to be manag'd by no other than their own creatures ; yet contrary to the practice of former assemblies in scotland , contrary to the practice of all churches and ages , they took upon them to go and sit members themselves in the assembly , not only to advise in matters of discipline , for which they might perhaps have brought a president , but also to decide controverted points in divinity , for which , to say no worse , many of them were very ill qualified by their education . and now let the whole world judge if it were not an act of partiality , not to be paralell'd , for them to cry out upon bishops and clergy-men's medling in secular affairs , and do now raise such an outery against the king's supremacy , pretending that it is inconsistent with the nature of spiritual things , to bring them under the government of the secular power : when they themselves , who were secular persons , did so manifestly invade the most undoubted prerogative of the ministry , heavy complaints were given in , of the insupportable yoke of prelacy : but in truth that of secular men , lording it then over god's inheritance , was much more grievous than the former . nor were the wiser sort of ministers among them insensible of this usurpation , only they were asham'd to complain much of the uneasiness of those chains , wherewith they had help'd to fetter themselves . if the brevity , which i propose , would allow me , it might be suitable enough with my design , to give a full account of what past in that memorable assembly , and shew how they confirm'd the covenant there by the same methods , by which it was at first set on foot , and had hitherto been carried on . but it is sufficient at present to observe , that the certain prospect of a fatal issue , both to king and government , if not timely prevented , obliged the king's commissioner to dissolve the assembly within a few days after their meeting . and when he expected compliance , he found them ready with a protestation to continue their sessions , till such time as they had finished the glorious work for which they met ; however , their refusing to obey the king's commands , signified to them by his commissioner , was perfectly inconsistent with what the most eminent among them had said , some days before at the opening the assembly ; for then they exprest in several harangues their sense of the king's bounty and tenderness in bringing them thither : and who can deny but he , who only had authority to call them , could also dissolve them at pleasure ? and tho both are equally royal prerogatives , yet undoubtedly our princes have reason to set the highest value upon their power of dissolving , which has been useful to them upon many occasions ; nor did ever the crown receive so deep a wound , as when our late soveraign parted with this choice prerogative , and so lay at the mercy of a parliament , which the fears of dissolution could only have bridled , and kept them within some compass . but to return to the assembly : when so great a contempt was put upon the king , they went on in a most violent and illegal manner , to excommunicate some of the bishops , and to depose all the rest ; many acts of parliament were rescinded , the determinations of forty years assemblies were declared void ; all persons were enjoin'd to take the covenant under pain of excommunication ; and to give the world a lasting instance of their modesty , they concluded with a letter to his majesty , justifying their whole procedure , and entreating him , that he would look upon them as good and dutiful subjects , and be satisfied with what they had done . no wonder if provocations of so high a nature did beget suitable resentments in the king , who after so much abus'd indulgence , had no way left to maintain his right but by arms ; nor did the covenanters decline a breach , having made early preparation for it ; so that , before the king came to any act of hostility , they seized upon his castles , levied troops , impos'd taxes , and cast off all manner of allegiance ; and even when his majestie 's aversion from shedding his subjects blood , made him , upon the head of a brave and numerous army , yield to terms of as great condescension as necessity could have extorted , and send them home gratified in all their demands , without fighting ; yet new grievances arm'd them again ; and whereas at first they stop'd on the borders , now most boldly they march into england , force their passage at newburn , and refuse to return , until the king agreed to come into scotland , there to pass all his concessions into acts of parliament . his majesty failed not to make good what he promised , and having purchas'd their allegiance at so dear a rate , might justly have challeng'd their entire obedience upon the principles of gratitude , as well as duty ; but upon the woful rupture , which soon after followed , betwixt him and his english parliament , the spirit and temper of our covenanters did discover it self more than ever . far from being satisfied with the great trouble they had occasion'd at home , or with the settlement procur'd to their hearts desire , they cherish the two houses in their unreasonable demands about religion ; and , as it is most ingenuously observed by a late writer of our nation , shew themselves now as violent in pressing england's uniformity with scotland , as they were formerly in condemning the design of bringing scotland to an uniformity with england . 't is not my task to meddle with the differences betwixt the king and his english parliament , which i leave to the excellent pens of that nation ; but sure i am , there was not the least reason for scotland's espousing the parliaments quarrel , or for fomenting their jealousies of a prince , who had so lately given us such undoubted marks of his transcendent bounty , in yielding to all that our covenanters demanded ; besides , by the explication of the covenant , we obliged our selves to assist his majesty in every cause that concern'd his honour ; and so ought to have been thankful for his majesty's condescension , in suffering us to continue neutral ; yet notwithstanding these obligations , the parliament's interest was so dear to our commissioners then at london , that forgetting the quality of mediators , in which they first appear'd , they sided openly with the houses against the king. nor were our ministers at home less partial , our pulpits did ring with curses against some , who were for a neutrality , as enemies to the cause of christ , and the reformation of england ; all were invited to join in so meritorious a work , and at length all sense of duty was so entirely cast off , that the chief promoters of those designs adventur'd to assume to themselves a most undoubted prerogative of the crown , in summoning a convention of estates without the king's leave . from a convention call'd without authority , there was no reason to expect any legal proceedings , or complyance to the king , who yet vouchsafed to approve of their meeting , upon condition , they would observe such limitations , as were prescrib'd in his letter . but the business of england , and the raising an army , being the only things , which he forbid them to meddle with , were the first which fell under their consideration ; and commissioners being sent from the parliament of england to treat about an army , our convention of estates , notwithstanding the king 's special command to the contrary , received them with open arms , agreed readily to their demands , and exprest such an hearty desire of a strict union betwixt the two kingdoms , that their warm consultations did in a few days hatch the solemn league and covenant . it was strange to see a league , which so highly concern'd a king , two kingdoms , differing much in laws and constitutions , and two churches , differing no less in worship and discipline , so easily and suddenly concluded . it was first seen , afterwards approved , and lastly sworn in the general assembly , all within the short period of three days . the ministers made this wonderful unanimity pass with the people for an undeniable testimony of the divine approbation ; tho others , who could never be convinced that the former covenant received its seal from heaven , entertain'd no better opinion of this , but did attribute their agreement only to the dexterous management of the leaders , who had such a powerful influence and authority over the rest , that they seldom fail'd in any thing they proposed . the whole negotiation ended without any debates . yet there was apparent jugling on both hands ; for the english commissioners had a great mind to carry with them a scotish army , but had no liking at all to our presbytery ; and therefore consenting to a reformation , according to the word of god , told one another that they understood well enough what to make of that at home ; the scotish on the other hand designing to get presbytery establish'd in england , cast in the words of reforming , according to the practice of the best reformed churches , hoping this made sure for theirs , as the most perfect model that could any where be found ; our ministers were likewise for abjuring episcopacy as simply unlawful ; but neither the english commissioners then in scotland , nor the parliament or assembly of divines at westminster , thought fit afterwards to declare that institution unlawful : whereupon the article was conceived to import only an abolishing of episcopacy , as it was then in england , without condemning what the primitive church had allow'd in all its purity . to describe all the subtile arts which were used , the manifest elusions and breaches wherewith we charged england , and england us , together with the fatal consequences of this covenant in both nations , would require much pains and leisure . it will suffice at present to make some brief reflections , which may serve to cool our too great fondness of it . all that could be alledg'd against the national covenant was of force against this ; besides many material circumstances to render it yet more inexcusable ; for if we never find subjects lawfully united among themselves , without the prince's leave , much less could the subjects of one nation take upon them to make a league with those of another , contrary to the king's command , and in prejudice of his authority . ought we not to have been contented with the enjoyment of all we could desire at home , without medling in the concerns of another nation , who generally did not appear fond of an alteration , and never were fitted for our church-discipline ? was there no more regard due to a soveraign , who had deserv'd so well at our hands , than even to pursue him out of his native countrey ; and grudge him that liberty of conscience in england , which he had graciously yielded to us in scotland ? we read of many nations that engag'd in wars for the enlargement of their soveraign's empire , or authority over strangers , we alone shall be known to posterity as guilty of helping strangers to shake off the allegiance due to a prince born among our selves . but besides these general reflexions , every one of the six articles , whereof this covenant consisted , lay open to several exceptions . as i. it seem'd hard , that every ignorant person in scotland should be obliged by oath to endeavour the reformation of england , according the word of god and the practice of the best reformed churches . what knowledg , alas ! could persons of so mean capacity or education be presumed to have of differences among reformed churches , of which they were to judge upon oath ! how could they weigh the advantages of holland above geneva , of france above holland , or of scotland above france , and accordingly endeavour the reformation of england ? truly 't is to be doubted that more was here required of the meanest and weakest of the people , than many of our ablest ministers could well have perform'd : how could such persons examine nice questions about church-government according to scripture , which have divided the learned world ? and yet the vulgar were to judge of such , seeing by those rules they swore to proceed . nor do i see any shift , unless we allow them to resign their judgment by an implicite faith in their teachers , which makes no decent evasion for a reformed church . the second article was lyable to the same exceptions with the former : they swore , to extirpate popery , prelacy , superstition , heresy , schism , profaneness , and whatsoever should be found contrary to sound doctrine , and the power of godliness . this i take to have been a very hard task for every one to perform , and more certainly , than ought to be required of any man , in things which are not plain beyond controversy , as all such points were not then amongst them : for we find , that one minister did often inveigh against opinions , as savouring of popery , which another as positively deny'd , charging the contrary opinions , as leading to schism ; and ignorant persons , who under pain of perjury were equally engag'd against schism and popery , must have found strange storms , raised in their minds , and their tender consciences dreadfully rack'd , while they could not understand , which of the opposite opinions they might safely embrace . tho the former part of the third article concern'd things of a quite different nature , yet the objections are much of the same kind , by that all were engag'd to defend the rights and priviledges of parliament : but , alas ! who could expect that common people should be put to determine such , when we hear of debates started frequently concerning priviledges , which the wisdom of our greatest senators is scarce able to accommodate , and seldom is it so done , as to answer all objections , or satisfy every member . suppose a parliament so divided , that it comes to a breach , to what party must the people then adhere , who are not able to judge , which of the two really maintains their priviledges , where both with confidence pretend it , and back their pretences with plausible reasons . nothing could have been more for the peace of the world , than that a greater reverence had been kept up for vows and oaths , by not making them too common : but seeing our fathers would not be satisfied without engaging persons of all ranks in oaths , 't is to be wish'd that ordinary people had only been bound to live peaceably in their stations ; to obey those who by the laws of the land were set over them ; not to countenance division and faction , nor turn states-men and censurers of their superiours : for in these and the like engagements there had only been a further ty laid upon them to perform easy , plain , and necessary duties , suitable to their capacities , without medling in matters beyond their reach . whereas our late covenants did unadvisedly raise such persons above themselves , injoin'd them things they could not discharge , and , contrary to all reason , spurr'd those on to be troublesome , who stood more in need of a bridle to check their natural fierceness , and the ill-grounded opinion they had of their own sufficiency . by the latter part of the third article the subjects allegiance to the king was limited to the preservation and defence of the true religion ; as if princes rights , whatever they are , ought not to be maintain'd without any manner of restriction ; this was a clear diminution of the king 's just power and greatness , and consequently , inconsistent with what they swore before in the national covenant : but how ill they intended from the beginning to maintain the king's power and greatness , their positions as well as their practices do declare . if we look critically into the history of that time , we see manifest gradations in their encroachments upon the royal authority : at their first entring into the national covenant , it was alledg'd , that the body of the nation , consisting of church and state , might unite to resist the king. some years after , when the union betwixt the two kingdoms was so vehemently carried on , it was declared lawful to assist our neighbours in extorting from our soveraign the same terms for them , which of his royal bounty he had formerly vouchsafed to grant us . at last , we advanced a step higher , and boldly maintain'd , that a few associate counties might take arms against the authority both of king and parliament ; and that , having power , they wanted not right , upon all occasions , to curb the excesses of government . now here we may observe that the extravagant proceedings of some western counties , upon these seditious principles , fix'd upon them the name of whigs ; which contemptible mark of distinction was for many years appropriated to us ; till of late that , to the grief of all men , it is become more universal , and has now unluckily crept into the next kingdom ; and , notwithstanding its infamous rise , is there too liberally bestow'd upon some , and too much gloried in by others . thus the barbarous name of guelphs , which had for a long time been given to those in germany that oppos'd the emperour , was at length fatally transplanted from its native soil into italy , a warmer climate , where it took deeper root , and became , for many ages , the fomenter of terrible disorders . but i hope our prince's wisdom will think fit to give an early and effectual check to this and all other names of faction , which insensibly undermine the government , alienate mens affections from one another , make wicked men more desperate , when they see themselves discover'd , especially when by the same means they are enabled to discover the strength and number of their party , besides many other unforeseen inconveniences , which may help to bring us back into our former dreadful confusion . the fourth article did , in the judgment of many , set up a new inquisition , sufficient to make all tremble that were disaffected to the cause ; and 't is plain their violent courses gave too much ground for this complaint : such as out of real conscience towards god , or sense of duty towards their prince , refused to sign the covenants , were , after a strange manner , declared enemies to god and the king , proceeded against as traitors , and forced either to undergo banishment , or languish in prison , while their estates became a prey to those , who appeared most zealous in persecuting them . this inevitable danger obliged many to disguise themselves into a seeming compliance , to what in their hearts they did detest . and these methods being then made use of to settle the purity of the gospel among us , no wonder if there were more of hypocrisy than of the power of godliness in our profession ; or , if god were thereby provok'd to disown us and our cause , and to leave the nation for many years to groan under an heavy bondage . the fifth article , which was for executing justice upon all wilful opposers , falls under the same exceptions with the former , and might be illustrated with too many instances of cruelty , which those times afford us : how were our scaffolds dy'd with the blood of our nobility and gentry , who oppos'd the torrent , and stood up for the royal interest ! how were prisoners of war most unhumanely sentenc'd , and put to death , and all , that were like to create them any trouble , destroy'd without mercy ! i need not descend to any particulars , which are still too well known ; and indeed as i am loth to make strangers acquainted with them , so i wish there could be a curtain drawn to hide such tragical pieces from the view of after-ages . their sixth and last article was a bond of mutual defence against all opposers , without excepting the king ; and this alone might serve to render the whole void : for if the oaths of subjects without the prince's consent , in things relating to the publick , can never bind , much less then , if they directly encroach upon his authority . if a vow could absolve subjects from their duty , or deprive the prince of his right , then we should only be subjects , till we vow'd the contrary ; and thus the world might find a compendious way to shake off all dependance . but as the vowing the violation of any man's property , doth not give us a title to do it , but only renders our oath unlawful ; so where it is in prejudice of the prince , every circumstance helps to condemn us . when those , who retain'd any principles of loyalty , insisted upon this , they did fly to their sincere intentions towards the king : but nothing can so well explain their meaning , as their practices afterwards ; which , for the honour of our nation , ought either to be buried in eternal oblivion , or else so clearly manifested to the world , that the guilty might only be infamous to posterity , while the sounder part of the kingdom recover'd to it its native tincture of honesty and loyalty . having given some short hints of the manner of entering into both covenants , of their nature and design , i am persuaded there needs no further evidence of their unlawfulness from the beginning , or of their many other nullities , to prove that they could lay no obligation upon those very persons , who subscrib'd them ; and if not upon them , much less upon us , who are their children , to stand to what they then did . nor do i indeed find any formal ty upon posterity mention'd in either covenant : for what is alledged from the former , where 't is declared , that they are convinced in their minds , and confess with their mouths , that the present and subsequent generations in this land are bound to keep that national oath and subscription inviolable ; may prove perhaps that such was the opinion of our fathers , but can never make it obligatory with us , seeing the granting this were to put it in every man's power to entail his opinions upon those who come after him : to which none of us , i presume , will be willing to yield . but allowing matter of fact , and that there had been a positive oath made by them in the name of their posterity : yet this oath being by authority declared unlawful , and we forbidden to observe it , the compliance we ow to those whom god has set over us , cancels all obligations of this kind , that our parents could lay upon us . i shall therefore conclude , that seeing our covenants were in so many respects unlawful from the beginning : and seeing there was neither any formal obligation laid upon us by our parents to obscure them ; nor yet their authority in this case allowable , as interfering with the laws of the land , there the least shadow of reason cannot be brought in behalf of any that presume now to renew those covenants , when the contrary is so plainly enjoin'd us by our rescissory act of parliament ; but as such persons proceed not upon rational grounds , so it is in vain to think of reclaiming them by force of arguments ; the government must deal with this frenzy , and in its wisdom find out a cure suitable to so dangerous a distemper , before the infection spreads it self wider . fourth consideration . i should be glad to make an end here , without mentioning the last objection ; not that i apprehend any difficulty in undertaking to answer it , but because i really blush to publish the pernicious and traiterous principles , which some among us have of late taken up , and are not now asham'd to own , that our soveraign has forfeited all right to his crown ; and that his subjects are absolv'd them their allegiance . 't is plain that princes persons and authority are more effectually secur'd by the christian religion , than by all the contrivances of humane policy . fear or interest among heathens were the chief motives to keep subjects within the bounds of their duty , and made them submit , because they durst not rebel . princes had outward obedience pay'd them , which was all they could then either challenge or expect . but the doctrine , taught by our blessed saviour and his apostles , did fasten their crowns much surer , gave them a new title to reign in their subjects hearts , made subjects dutiful , more out of conscience than fear ; and by forbidding resistance under pain of damnation , laid a much stronger ty upon men , than the hazard of lives and fortunes , or all other humane penalties could ever have done : and , no question , had the roman emperours understood how much they were beholden to christianity , instead of endeavouring to extirpate it , they would have protected and encourag'd it ; for as long as christians suffer'd themselves to be govern'd by the maximes which christ left them , princes were truly happy in such subjects . christ did indeed put a sword into his ministers hands , to punish notorious sinners , when he gave them power to excommunicate , or cut men off from being members of the church , in depriving them of the benefits and publick exercise of their religion : and there being no exemption granted to any person , kings and emperours themselves were to fall under this heavy censure , when their offences deserv'd it . but tho ministers had the courage to shut them sometimes out of church , as st. ambrose did theodosius the great , yet they did not pretend to thrust them off their thrones , or wrest their scepters out of their hands . they knew that their authority was only spiritual , and did not therefore meddle with those priviledges , which they enjoy'd as princes ; but readily obey'd , in all other cases , those whom they excluded from their assemblies ; and thus they kept within the limits , prescrib'd by christ , for near a thousand years . when the spirit of christianity was afterwards quite spent , and religion had put on a new face , the riches and ambition of the roman hierarchy made them stretch their authority further than christ design'd it ; and then did they begin to declare , that princes , falling under the censure of excommunication , did forfeit their crowns and all other their temporal as well as spiritual priviledges . the great advances gregory the seventh and his successors made in several attempts of this kind , and their vanity to see themselves on a sudden raised to an universal monarchy , made them vigorously pursue such courses , and thunder their sentences of excommunication and forfeiture so liberally , that , upon every slight occasion , princes were laid aside , subjects absolv'd from their allegiance , and crowns and scepters freely dispos'd of , when and to whom they pleased ; so that under colour of maintaining christ's prerogative , they refus'd to give unto caesar what was caesar's , far from paying tribute , as christ had done , kings were forced to turn their tributaries ; and , by setting up a new power in every kingdom , they made princes , contrary to the intention of christ and the gospel , great losers by the christian religion . under these heavy pressures had the christian world for several ages groan'd , when god raised up a spirit of reformation in our fathers , who , among the manifold corruptions of rome , observ'd the ill treatment princes had there met with , and resolv'd that , in restoring to christianity its ancient lustre , princes should again be possest of the prerogatives entail'd upon them by the gospel . this made the first reformers inveigh so bitterly against the usurpations of that see , and enforce upon subjects allegiance and submission as duties , from which none upon earth could absolve them ; and we have reason to believe that the justice , then done to princes , prov'd under god an effectual means to rescue many nations from the roman yoke . nor was duty to princes only preacht up at first , but it has ever since continued as a fixt principle in the best reformed churches , where , next to the purity of their doctrine and worship , relating immediately to god , they have all along gloried most in the loyalty of their religion , for laying indispensible ties of obedience upon men towards his vicegerent . so that , as it passes with many for a maxime , that papists , acting according to the principles of their church , can hardly be good subjects , 't is most certain that protestants , who are not conscientiously dutiful and loyal , swerve from the principles of the reformed religion ; and tho there are , alas ! too many instances of such , both at home and abroad , yet their corrupt practices must not stain the purity of the doctrine , by which they stand condemned . but while i ascribe to the reformed religion the honour of reestablishing princes in their rights , i am sorry any of my countreymen should renounce their share in it , by pretending that our soveraign has forfeited his crown , and that we are freed from our allegiance . these , alas ! are words not hitherto known amongst orthodox protestants , but as they meet with them in impious and condemned writers . let us consult the confessions of all the reformed churches in the world , and see if any of them teach this doctrine . let us send an impartial account of our case , with the nature of our monarchy , to all the protestant universities abroad , whether in england , france , germany , holland , switzerland , or geneva , and try if we can have the testimony of any one society to confirm us in this tenet . let us see if we can meet with one eminent protestant divine , one single person of credit and learning , that will own himself of this persuasion . if we look back to the doctrine or practice of the church in the primitive times , we can find nothing there that makes for our purpose . neither heresy nor idolatry in those days did make void princes right to govern . constantius , an arrian , and julian , a renegade , were own'd for emperours by those , who detested their impieties , as much as jovianus or theodosius , who were orthodox . the more degenerate ages , and the most corrupt part of the church first taught us the principles , upon which some of us now go . we must look no higher than hildebrand , and apply our selves only to prostitute canonists and jesuits for testimonies and arguments to prove that princes can so easily forfeit their crowns ; for i know there are many well-meaning papists , if not whole national churches , that will utterly reject this monstrous doctrine . and truly then 't is hard that we , who look upon our selves as the most thorowly reform'd , should contemn the pattern set us by the ancients , diffent from all our brethren , and side with the greatest enemies of our religion in a point , for which they have been so much expos'd . now no wonder if we run into strange absurdities , when the whole matter is granted upon false suppositions : first , we will have the king 's right to commence only from the time of his coronation : then we will have the coronation a compact or agreement with the people , by which the prince forfeits his right , if he do not duly perform his part : and lastly , we seem to make the late covenant pass for the coronation oath : all which are inexcusable mistakes . first , our laws admit of no interregnum , but date the beginning of one king's reign from the very instant that another expir'd , it being an axiom with us , and in all other hereditary monarchies , that the king never dies . the fatal blow , that depriv'd us of our late soveraign , put the crown immediately upon his son's head : from that minute we were obliged to pay the same duty to our present soveraign , which till then we ow'd to his father ; and they , who resisted him before his coronation , were rebels as well as these who have done it since . whatever therefore a coronation might have been anciently , 't is now only look'd upon in the nature of an instalment , upon which our prince's title to reign doth no ways depend ; else it would be the first thing they would go about : whereas it is ordinarily put off till such time , as it can be performed with the most solemnity . in the second place it appears by this , that the coronation is no such compact as destroys the prince's title , if he fail in his part ; for where he has his crown by inheritance , his coronation is the effect of his title , but not his title of his coronation , which can never make him lose what it did not give him ; nor yet weaken the right , which he had upon his predecessor's death . as our king ows his crown to his birth , and not to any suffrage or mutual agreement with his people ; so 't is ridiculous to imagine that his coronation alters his right , and makes that conditional , and capable of being lost , which was before absolute and hereditary . in a word , if the reign of our princes commenced only from the time of their being crown'd , they would be in uneasy and dangerous circumstances till that were over : but , on the other hand , if their coronation limited their birth-right , or made , their title more precarious , they would contrive to have this solemnity among the last performances of their lives . lastly , in the business of the covenant there is a double fallacy ; first , in making it pass for the coronation oath ; and secondly , in inferring a forfeiture of the crown , where the coronation oath is broken . when we complain of the king 's not making good the covenant , we affirm that he has thereby cancell'd his right to govern , which yet , according to our own supposition , is not true , unless we allow the covenant to be the coronation oath . but this is absurd , seeing the covenant is a new thing , never heard of by his majestie 's royal ancestors , who did all take an oath at their instalment ; and as his title to the crown differ'd in nothing from his father's and his grandfather's , so ought his coronation oath to have been likewise the same . but if we took upon us to alter it , or to add the covenant as a new clause , no wonder if his majesty question'd what we did without authority , and refus'd to confirm since , what was extorted from him during the rebellion . this is certain , that had our representatives in parliament considered the covenant , either as a part of his majestie 's coronation oath , or as an oath lawful in it self , and lawfully impos'd upon the king and his subjects , they would never have order'd it to be abjur'd , nor have declar'd that there lay no obligation either upon prince or people to observe it . secondly , a forfeiture of the crown doth not follow upon a breach of the coronation oath ; because , as i already observ'd , the king has his crown by inheritance , not by election ; and his right , being of a more ancient date , can never depend upon what followed . the king was oblig'd to be a just prince , and we to be dutiful subjects , before that pretended agreement at his coronation ; and if he should have fail'd in his part , yet we were bound to make good ours , even before we swore any oath of allegiance . i confess the king's oath is a further confirmation of his duty , and if he were guilty of any such breach , it would much aggravate his sin ; but god , before whose tribunal he must stand , can only call him to an account for it : he is the minister of god , acts by his immediate commission , and he alone can cancel it . to god he forfeits his crown , if he should be found to manage it ill ; and in this case we were patiently to wait till heaven thought fit to remove him , remembring that the greatest injury and breach of trust was to god who employ'd him . but supposing a forfeiture , how come the people to claim the benefit of it , or to pretend themselves his heirs ? in some extraordinary cases , such as frenzy , or the like , the safety of the kingdom may require an extraordinary remedy , as at present in portugal , yet even where the king's insufficiency makes him unable to govern , subjects are not freed from their allegiance ; if there remain any that have right to govern as administrators in his name , their station is still the same ; no personal fault nor defect in the prince can dissolve the government , nor leave people to an entire liberty of choosing whom they will obey . now after all , we are as little able to prove a breach upon the king's part , as we are able thence to infer a forfeiture . his majesty did swear to govern according to the fundamental laws of the kingdom ; nor can we shew where ever he has broken them . has he not , in matters of difficulty , vouchsafed to recur to his great council ? has he not suffer'd the laws to have their free course ? has he ever invaded any man's property , or deny'd any man justice ? has he ever delighted in bloodshed , or given us one instance of his cruelty ? so far has he been from giving occasion to these cursed aspersions of tyranny and oppression , which the enemies of our peace do with equal malice and falsehood cast upon his government , that if , without breach of duty , we durst complain of our prince , it should be of his too great indulgence , which has hurt both himself and us : for 't is plain that factious spirits have adventur'd to disturb our quiet , out of hopes of impunity . but he has arrogated to himself , say some , king jesus's right , in offering to meddle with spiritual affairs . after this manner did gregory the seventh charge the emperour henry the fourth , when he only maintain'd the prerogatives of his crown . has he meddled more with spiritual affairs than other princes have done ? eusebius thought it for the honour of constantine to set down his words in an assembly of bishops , where he called himself a bishop appointed by god , to see to the outward settlement of the church : and must it be an encroachment upon christ in his majesty , to do what was so much commended in that great emperour ? did his majesty arrogate to himself christ's right , in rejecting that form of government which was brought in by rebellion , or in restoring that order and decency , which were then banish'd ? did he arrogate too much to himself , in being zealous to perform his martyr'd fathers will , or to suppress schism ? in these things , sure , he acted rather in the quality of a nursing father , and discharg'd no small part of his trust ; for what more acceptable service could he have done to christ , than to interpose his royal authority , in promoting a blessed uniformity amongst us ? there remains yet one strange article against his majesty , such an one as i 'm confident the world has not hitherto been acquainted with , and that is the sentence of deposition lastly past upon him in a pretended convention of estates , as we learn from the lanrick declaration . but seeing we have so lame an account of this business , i hope they will be pleased to tell us , when , where , and by what authority that assembly was call'd , of whom it consisted , what lords spiritual and temporal sate there : for without them , in our government , there can be no convention of estates : who presided there in his majestie 's name ; it being also necessary that he should have had his representative . in the mean time , before an answer be returned to these enquiries , we are fully satisfied , that as they met without the king's authority , and upon a most wicked design , so their rebellious conventicle must not be called a convention of estates : it was a second high court of justice , and another bradshaw no doubt was their president ; this arraign'd the king , as the former did his father ; nor could he have escap'd their barbarous cruelty , had he been within their reach . the extravagant proceedings at westminster against our late royal martyr , have neither been so much for the glory of our neighbours , nor for our own interest , as to tempt any among us to follow their black example , and act the second part of a tragedy , which nothing , in modern nor ancient history , can parallel ; and upon which it was hop'd posterity would have look'd back with horrour . but the members of the late mock-convention among us , have , to their eternal infamy , approv'd of what was done in the high court of justice , by their attempting to renew it : and when all true protestants and good subjects would be willing to buy off the guilt and ignominy of that atrocious crime at any rate , these men would help to transfer it upon us , or at least would have us engag'd in a villany of the same kind . our own history furnishes us already with too many instances of kings either assassinated , poison'd , or kill'd in open rebellion ; but never , till of late , were we known to put off all sense of modesty as well as duty , and , in contempt of divine and human laws , to trample upon the throne , arraign our soveraign before us as a criminal , and , by a sacrilegious usurpation of god's right , pass sentence of deposition upon him . what apprehensions must the moderate protestants abroad have of our zeal , when they hear of this dreadful sentence of deposition , and that of excommunication issu'd out by cargil , in the name of the true presbyterian kirk of scotland ? the former forbidding us to obey the king , and the latter to pray for him . with what amazement will it strike them , when they see the utmost extent of these sentences , which begin with the king , but bring in the best part of the kingdom , all officers of the crown , privy councellors , judges , magistrates , officers of the army , guards , and other souldiers , who are more immediately mark'd out for destruction , as being either persons in trust , or adherers to the government ? nor are the orthodox clergy , men everywhere sacred by their profession , to be here exempted ; with them they have begun , and shew'd in the person of our late most reverend metropolitan , what the rest may expect , if the malice of that party be once arm'd with power : so that before these sentences be executed according to their full extent , we are like to be in the lamentable condition of the egyptians , we shall not have an house without some one or other dead in it ; only in this we differ , the angel of the lord destroy'd their first-born , whereas we are design'd to destroy one another . it is really strange how men , that have thus shaken off all the ties of religion and nature , and own such bloody and desperate principles , are not sometimes afraid , lest our neighbours , when these things are published abroad , should take the alarm , and join with those in danger at home , to cut them off as avow'd enemies to their native prince , their country , and their friends , and consequently to all mankind : but as they appear yet to be only persons of mean quality , and not very numerous in respect of the rest of the kingdom , so the pitch of extravagance , which they are now arriv'd at , secures them in a great measure from vengeance , and makes them the objects of pity , as persons distemper'd with a violent phrenzy , and who , for the publick safety , are to be kept in chains , rather than destroy'd , and treated as brainsick persons , till they recover . and truly it may be worth our governours time to consider , whether any so proper method has been yet thought of for such , as to remove them from prisons to houses of correction ; not to do them the honour to bring them before judicatures to revile the higher powers , nor to pillories nor scaffolds , to confirm the rest of their party by their obstinate sufferings ; not to condemn them to dy as martyrs , but to continue under severe task-masters , till time , hard labour , and the seasonable discourses of discreet persons , appointed for this purpose , may , by god's blessing , prove the effectual means to cool their heats , remove their scruples , and restore them again to their right wits . finis . the marques hamiltons speech before the kings most excellent majesty: concerning his returne into england. spoken in parliament in scotland, novem. , . vvith a briefe and exact commemoration of all the wicked plots of the papists, from the first intended malice unto this day against the protestants. hamilton, james hamilton, duke of, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing h thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) the marques hamiltons speech before the kings most excellent majesty: concerning his returne into england. spoken in parliament in scotland, novem. , . vvith a briefe and exact commemoration of all the wicked plots of the papists, from the first intended malice unto this day against the protestants. hamilton, james hamilton, duke of, - . [ ] p. first printed at edinburgh by james brison, and now reprinted in london for t.b., [london] : . reproduction of the original in the british library. eng charles -- i, -- king of england, - -- early works to . catholics -- england -- early works to . great britain -- politics and government -- - -- sources -- early works to . a r (thomason e _ ). civilwar no the marques hamiltons speech before the kings most excellent majesty: concerning his returne into england.: spoken in parliament in scotlan hamilton, james hamilton, duke of c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion the marqves hamiltons speech before the kings most excellent majesty : concerning his returne into england . ● poken in parliament in scotland , novem. . . with a briefe and exact commemoration of all the wicked plots of the papists , from the first intended malice unto this day against the protestants . first printed at edinburgh by james brison , and now reprinted in london for t.b. . marquesse hamiltons speech . dread soveraigne , i stand not up presuming any thing on my audacity , but am respectively suggested by the judicious councells of most of your loyall and wel affected subjects : it is not unknown unto your majesty , what develish machinations of late have beene plotted , not only against my self , but likewise against many more pious and religious members of this honourable house ; and god knowes , what succeeding danger may now be in agitation . wherefore i have received letters divers times from that strong pillar of religion , mr. ●ym , and many other pious men from england , who have oftentimes seriously requested me to move their quotidian wel-wishes unto your m●j●stie , beseeching you to respect their serviceable praiers : but not to wander in these preliminate exordiums , or to suspend your divine care any longer in its expectation : i speake it not in my owne behalfe , but in the generall and universall name of the whole kingdome of england . that in respect of these manifold perills , and impendent stratagems in this kingdome , & the late formidible insurrection in ireland , that mother of dissention , and nurse of rebells , your sacred majesty would preview your safety , & return into your flourishing paradise england , with all presupposed expedition : pardon i pray my boldnes herein : but i speak not this , as if i or we were weary of the emploiment of your blessed person : no , god ( that knows the secrets of all hearts ) knowes the intent of my unguilty minde in that regard ; for i speak freely , i could both live and dye in the happinesse of your presence ; but i speake it out of my indulgence to your majesty , who have beene alwaies carefull in my service for the safety of your royall person . for if the irish recusants should reduce their treason-growing malice hitherward , our fortifications are not so strong as theirs of england , neither can your majesty bee so secure in this kingdome , as in your owne . alas ! england hath growne big in expecttion of your returne , and i dare boldly say , your royall consort the queene , would esteeme that a most happy day wherein your majesty shall safely returne . but the chiefest argument that can possibly incite you hereunto , is that , concerning the prince , whom ( as we heare ) philips that father of papistery , did labour to seduce ; but thankes bee to god , who did avert his wicked imaginations , and according to the psalmist , hee that digged a pit of babilonish impiety to intrappe that illustruous stem of honour , is fallen himselfe therein ; and i hope your majesty will deservedly vindicate his treachery audacity . then a second argument appeares from their inconstancy of religion , which ( like a wavering door ) hangs upon two hinges ; and unlesse your majesty doe with an exact ratification confirme the settled forme of the doctrine and discipline of the church of england , i feare it will sinke as low in hereticall opinions , as it swelled before in popish ceremonies : yet these are but superficiall ambages to the reall intent of my heart , which aimes only at your security ; yet withall , i confesse , that if ten thousand enemies should entrench your royall person , they would seem but as a pigmie to hercules , for the irradiation of your splendent majesty , would ( like the arising sunne ) dissipate those mists of disloyalty . kings are placed on gods owne throne upon earth , therefore whosoever aimes at them , aimes at the divine nature , and whosoever aimes at that , shall receive an irrecoverable precipitation ; for god doth give his angels charge over them , who will pitch their tents of defence about them . yet i ingenuously acknowledge , that your mature returne to england with opportune tempestivity , would kindle the flame of their loves , for they waite in expectation of the establishment of a formall reformation . one thing especially i beseech your majesty to take into grave consideration , viz. the manifold plots of the papists against our protestant religion . first , that formidable armado in eighty eight , which was almost invincible , had not gods al-powerfull hand scattered them : then that hel-begotten plot of gunpowder-treason , which likewise god of his infinite mercy did prevent : then lately those stratagems against my selfe , and many other noble persons in this kingdome , & now last of all , those new sprung up hidra's in ireland , who like base catterpillars crawle amongst the fragrant flowers of true protestants , but i hope gods impartiall hand will avert their nefarious intents . i beseech your majesty to ponder the precedent premises , and you will finde , that conclusio sequitur deteriorem partem . first , i entreate your royall minde to ratifie the forme of religion in this kingdome , and in respect of these perilous times whether your majesty can bee more secure here , or in england , i leave that to your owne judgement : in the meane while , i beseech you accept of my devotion herein , and my prayers both externall , internall , and eternall , shall conclude with this inference , vivat in eternum rex carolus quem deus nunc & in secula seculorum defendat , oro . finis . his majesties speech to the committee the th of march when they presented the declaration of both houses of parliament at new-market. england and wales. sovereign ( - : charles i) this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing c ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing c estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) his majesties speech to the committee the th of march when they presented the declaration of both houses of parliament at new-market. england and wales. sovereign ( - : charles i) charles i, king of england, - . broadside. by robert barker ... and by the assignes of john bill, imprinted at london : [i.e. ] reproduction of original in the harvard university library. eng great britain -- history -- civil war, - . great britain -- politics and government -- - . a r (wing c ). civilwar no his majesties speech to the committee, the th of march, . when they presented the declaration of both houses of parliament at new-marke england and wales. sovereign a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - john pas sampled and proofread - john pas text and markup reviewed and edited - pfs batch review (qc) and xml conversion ❧ his majesties speech to the committee , the th of march , . when they presented the declaration of both houses of parliament at new-market . i am confident that you expect not i should give you a speedy answer to this strange and unexpected declaration ; and i am sorry ( in the distraction of this kingdom ) you should think this way of addresse to be more convenient , then that proposed by my message of the th of ianuary last to both houses . as concerning the grounds of your fears and iealousies , i will take time to answer particularly , and doubt not but i shall do it to the satisfaction of all the world . god , in his good time , will , i hope , discover the secrets and bottoms of all plots and treasons ; and then i shall stand right in the eyes of all my people . in the mean time , i must tell you , that i rather expected a vindication for the imputation laid on me in master pims speech , then that any more generall rumours and discourses should get credit with you . for my fears and doubts , i did not think they should have been thought so groundlesse or triviall , while so many seditious pamphlets and sermons are looked upon , and so great tumults are remembred , unpunished , uninquired into : i still confesse my fears , and call god to witnesse , that they are greater for true protestant profession , my people and laws , then for my own rights or safety ; though i must tell you , i conceive that none of these are free from danger . what would you have ? have i violated your laws ? have i denied to passe any one bill for the ease and securitie of my subjects ? i do not ask you what you have done for me . have any of my people been transport with fears and apprehensions ? i have offered as free and generall a pardon , as your selves can devise . all this considered , there is a iudgement from heaven upon this nation , if these distractions continue . god so deal with me and mine , as all my thoughts and intentions are upright for the maintenance of the true protestant profession , and for the observation and preservation of the laws of this land : and , i hope , god will blesse and assist those laws for my preservation . as for the additionall declaration , you are to expect an answer to it , when you shall receive the answer to the declaration it self . ¶ imprinted at london by robert barker , printer to the kings most excellent majestie : and by the assignes of john bill . . a pair of spectacles for this purblinde nation with which they may see the army and parliaments like simeon and levi brethren in iniquity walk hand in hand together. or a perspective to take a view of the army, and parliaments political combination in betraying their countryes priveledges. by h.m a true friend to this nations liberties. h. m. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing m thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) a pair of spectacles for this purblinde nation with which they may see the army and parliaments like simeon and levi brethren in iniquity walk hand in hand together. or a perspective to take a view of the army, and parliaments political combination in betraying their countryes priveledges. by h.m a true friend to this nations liberties. h. m. [ ], p. [s.n.], london : printed in the year, . title page printed in red and black. annotation on thomason copy: "june. ". variant has "to take a view of the army, and parliaments" in title. reproduction of the original in the british library. eng england and wales. -- army -- early works to . england and wales. -- parliament -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason e _ ). civilwar no a pair of spectacles for this purblinde nation with which they may see the army and parliaments like simeon and levi brethren in iniquity wa h. m. c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - john pas sampled and proofread - john pas text and markup reviewed and edited - pfs batch review (qc) and xml conversion a pair of spectacles for this purblinde nation with which they may see the army and parliament like simeon and levi brethren in iniquity walk hand in hand together . or a perspective to take a view of the army , and parliaments political combination in betraying their countryes priviledges . by h. m. a true friend to this nations liberties . semper ego auditor tantum ? nunquamne reponam . london : printed in the year , . to the mungrel new athenian republican tyrants , or the pretended parliament ( if it needs must be so called ) at westminster . i shall assume the boldness to speak a little unto you , ( o you men of westminster ) and i pray observe my words , if providence shall please to bring this my paper unto your view . and first , let me desire of you not to be angry , if i speak rather to profit then to please you , forbearing altogether those false and clawing expressions which your adorers use when they address themselves to speak unto you : i dare not tell you of any humble tenders of my small constant devotion to serve you in your way , for i am sure 't is not the way of christ and god , nor can i acknowledge your spurious good old cause under the pretence of reformation and preservation of church and commonwealth ; for i know no such matter , but rather the direct contrary . this being premised , i do now address my self unto you for the present in this manner . tell us , o unhappy men that have been the principal instruments of all our woes , and have given life and motion to all our miseries . . with what impudence could you affirm that there was a necessity to dethrone his late highness , and to abolish the free choise and election of the people , the representatives : it hath been observed that in all innovations and rebellions ( which ordinarily have their rise from pretences of religion or reformation , or both , ) the breach and neglect of laws hath been authorised by that great patroness of illegal actions necessity . but let that great rule be received , that no man can be necessitated to sin , our divines generally damn an officious lie , and the equity binds from any officious sin ; it would soon cut the nerves of the eighth commandment , if necessities and urgencies , though real , were propounded a sufficient excuse for stealing ; but that ( which you ) the jesuitical powder-traitors call necessity , is no more then necessity of convenience , nor so much , except we interpret that convenience , may favour your own ends , and so is convenient for your design ; but you use necessity as the old philosophers did an occult quality , though to a different purpose ; that was their refuge for ignorance , this is your sanctuary for sin . it is a maxime that you have out of livy to maintain that , that war must needs be just that is necessary , and those arms pious that are all our livelyhood ; i must confess it was a thing very incongruous in the late interrupted parliament , to desire that those ungratefull men should leave their crutches , and to walk without them ; 't is no less unnatural to invite these gentlemen to quit their swords whose lives and fortunes lean intirely upon them , and that this juncto of tyrants who will admit of no rule to govern by , but their own wills ; we know it was the unhappy misery of athens , when it suffered under the thirty tyrants : you that take to your selves the title of the lords worthies , forsooth , but good names do not alwayes prove good men , titles without truth , serve but to enhance and disexcuse damnation . . tell me , you cursed cannibals , was not his late highness proclaimed as protector and supream magistrate by the commanders in chief of the army , in the greatest solemnity imaginable , first at the exchange in london , westminster , and afterwards through the three nations , with the greatest testimonies of the souldiers good will and liking , and of the peoples reception and entertainment with a nemine contra dicente ? . have not the officers and souldiers of the army afterwards upon more serious deliberation addressed themselves unto the protector as a supream magistrate , and so did further thereby oblige themselves , and by such a kinde of transaction subject themselves by way of the most solemn engagements unto him as supream magistrate ? . did not our addle-brain'd senators fleetwood , desborow , lambert , cobling hewson , cooper , thimbling barkstead , bury , and the rest of their confederates , swear to be true to him as protector , and how hatefull to god and men , yea , to the very heathen have such things been , ezek. . , , , . speaking of the faith which the hebrew kings had given to the babilonian , shall he prosper , shall he escape that breaks the covenant and be delivered , ver. , . as i live saith the lord god , surely in the place where the king dwelleth that made him king , whose oath he despised and whose covenant he brake , even with him in the midst of babilon he shall die , seeing he despised the oath by breaking the covenant , and hath done all these things , shall he not escape . . tell us you sear-soul'd men that will swear pro and con , tell me what an oath is ? is it not a religious affirmation , a promise with gods seal , and therefore it should concern christians to be cautelous before swearing to swear liquidly , and to observe conscionably , 't is pity such slender evasions should satisfie us as hath been scorned by heathen ? sad experience tell us how that you english tigers , in propounding of oaths , requiring promises , and other solemnities , have induced multitudes to binde themselves upon some secret , loose and mental reservation , which you have framed to your selves as a salvo in case of breach : but i see these babylonian sprats have advised more with corrupt wit , then sound conscience : t is an huge advantage that you ( delphick devils ) have in this world that can easily say and swear to any thing , and yet withall so palliate your falsifications and perjuries , as to hide them from the connusance of most . i know conscionable lenthal hath already defended your perjuries with this axiome ; that though you swore ( sayes he ) to a thing not materially unlawfull , if it impedes a moral good , it becomes void , and though you have taken liberty to swear , yet in my judgement ( sayes he ) the person to whom you swore was incapable of an oath ; just as cicero defends the breach of an oath to a thief , from perjury ; and brutus to a tyrant ; as it is in appion , the athenians esteem it an honest perjury to violate their faith with tyrants . i see it is not difficult for you to cast your desires into such soft glib expressions , as will down with most of you ; yea , with many that would absolutely disavow the same thing in rough language . o countrymen consider whether this way wherein you have gone be not also contradictive to the law of the land , and against common equity , to practice the taking away from any one that which comes unto him by lawfull inheritance , succession or just election ? whether you would not so judge it , if any should divest you of what was left you by your parents ? indeed if men come to power and authority by fraud and violence , as you our new masters have done , and for you to concur in oppressing the supream magistrate , and in taking from him what belongs unto him , if conscience be suffered to make report , it will be confessed to be the highest injustice ; for as to detract from the standard which is the rule of measures , is the greatest sin ; so it is to detract from carolus rex , or protector richard , who are the standards of righteousness in this kingdom ; and for these incarnate devils , to subject , dispose both king , protector and people to their own lawless arbitrary power and government , which is but the product of a rabble of vanish'd libertinism , quakers , monstrous anabaptists , king-killers , covenant-breakers , jesuites , seminaries and papists , old gunpowder traitors contrived that good old cause , treason beyond the seas , and in private secret conventicles here , but now avowed in open general councels of the army , by whose design it is and alwayes hath been to alter the whole frame of monarchy ( both of church and state ) which is the best of governments , deut. . . being that of god himself over the whole world , psal. . . and of christ himself in and over his church , psal. . . o god brand these jesuitical , popish , antichristian practises with the highest temporal punishment , eternal torments and condemnation in this and another world . . did the late protector ( for so it seems he must be called ) ever give any ground at all for you gentlemen , to dethrone him and protest against him and his government . i could wish and many thousands more , the reasons might be seen , for nothing hath passed or bin observ'd by diligent observers , that might render him unlovely or inacceptable to any person whatsoever : however if there be any grounds or considerations that might induce the army to such a grand transaction as this : first to reject and slight him , and then to give reasons , ( if there be any ) is to hang a man first , and to try him afterwards , seeing there can be no substantial grounds , as it s presumed there none can be , even as little as you may blame the sun for running his course , so harmelesse hath he been : whether then there hath been in any age more unfaithfulness , injustice , greater covenant-breakers , persons so rebellious , men that have rendred the blessed gospel of christ , and professours thereof , more uncomely , then this adulterous generation hath done , let the world judge ; for indeed they have already given their verdict in the case , which more is the pity . that mammonistical hypocrite , hon. vane , had the impudencie to affirme to the rest of his sociates , that they might without want of modesty and duty depose him , & return to the discharge of their trust : is not this a transparent figment ! who trusted them , the people ? but the people since have delivered their trust elsewhere , for when his late highness did send out writs , the people might have staid at home , there was none forced to choose ▪ but freely they have elected others , & if so be the free choice and election of the people make a parliament , & they are also free to choose , as often the providence of god shall put opportunity into their hands , then it s very doubtful , whether this be any other thing then onely a parliament so called , the people having freely declared otherwise : are these the onely persons whom god and the law hath trusted , and may they do what their own i●clination and fury leades them to ? can it be presum'd that they were trusted with a power to destroy and dissolve our antient setled government by kings , lords , and commons , to a sneaking oligarchial tyranny , under the bare name of a bastard good old cause , which is as changable as the addle heads that contrive it , and to make themselves perpetual dictators over the protector and his people ? what doe you intend that the law it self shall be subject to your votes , and that whatsoever you say or do should be lawful , because you declare it so ? seeing that these hellish designes and actings of a malignant party of this kingdome , working to regard the progresse , or subvert the being of the true protestants , and therein to bereave us of all our hopes of reformation , or future peace or happinesse to this church and kingdome ; it shall be a peece of my daly oraizons , that god would brand these iesuitical doctrins with the markes of perpetual scorn and indignation . ly . are not these our new state-mongers or this parliament ( if it needs must be so called ) like to infringe the peoples rights , and give lesse satisfaction than one single person with a parliament ? for my reason is , this parliament of . or . or there abouts , and more senators besides , have every one of them a long train , there is never a one but is a file-leader , that is , hath at least . or . in a family , to be provided one way or other , and all hungry as hawkes , ready to catch at any thing , and nothing will serve but the blood of the people , for they must be fed with something ; a reason it is against the standing rules of reason , the professed principles of the army , for any power or authoritie to have the militia and the command of the peoples purses which these cormorants hath , which is both destructive and pernicious . though the command of the peoples purses was never desired or practised by a single person , and was not the government setled by parliament , under one head ? to execute the laws of the government so made by parliament , more pleasing and rational , than to have a body consisting of so many knaves , drunkards , and whore-masters , which is monster like . i desire all christian people to consider also the condition of this factious generation , that have done more disgrace and wrong to chrifts gospel , than ever was offered since christs time : never did any in so short a space ascend to that zenith of villany , as they have done , or pretend more godlinesse , with the practice of so much wickednesse . i confesse they promise fair , like those galathians whom st. paul writes unto , they begin in the spirit , with the mention of sin and mercy ; they have the faces of men , but observe them well , we shall find they have the teeth of lions , and the tail of scorpions : my endeavours shall be on purpose to detect their wiles , that men may avoid them , and not be hurt by them , for they have got above board in these times , and stile themselves in their scandalous pamphlets , the army of god , gods only good children ; but in very deed their works speak them not to be of god . la●my may their name and title properly be . we have two grand impostors amongst us rogers , and canne , who are very zealous in their scurrulous pasquils for that whorish old cause , which is only to revive that tragedy which mr. hocker relates of the anabaptist in germany ; who talking of nothing but faith , and the true fear of god , and that riches and honour were vanity , at first upon the greater opinion of their humility , zeal , and devotion , procured much reverence and estimation with the people : a●ter finding how many persons they had ensnared with their hypoc●isie , they began to propose to themselves to reform both the ecclesiastical and civil government of state ; then because possibly they might meet with some opposition , they secretly entred into a league of association ; and shortly after ( finding the power they had got with the credulous people ) enriched themselves with all kind of spoyl , and pillage , and justified it upon our saviours promise , the meek shall inherit the earth ; and declared their title was the same which the righteous israelites had unto the goods of the wicked egyptians . this story is worth the reading at large , and needs no application . for the avoiding of this shadow of religion , i shall add an antidote : external holinesse invites awful regards : there is no mask that becomes rebellion , innovation , so well as religion ; nothing that so much conceals deformity , and pretends beauty . 't is an excellent thing so to dissimulate piety , that when we act strongly against it , in that very artick of wickednesse the people saint us . herod would fain worship , when he means to worry . this is that which leads the world in a string , that hallows the most hellish enterprises : for the common people ( which are the {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} ) never see behind the curtain , a handsome glosse is with them as good as the text : ( 't is the ethick of these hypocrites ) let us injoy the temporal advantages of religion , and let others take the eternal ; let us use it for a cloak or a crutch , and let others expect from it a crown . the river atheneus is my embleme , whose upper waters were sweet and gratefull , but towards the bottom brackish ; but let all sober christians know , that this shell of religion ( which our new masters do so hotly persue ) though it may be of external conducement , that there is nothing that gods pure and undeluded eye looks on with more abhorrency : we may possibly deceive men , but it is in vain to put ironies upon god . a counterfeit religion , shall find a real hell , and 't is pitty that such a sacred thing should be violenced , and made subservient to rebellious irregular designs . as for you gentlemen , who have conspired with the wrath of god in the stupefaction of your conscierc●s , though you may for a time struggle with those inward checks , yet there will be a day ( if not in this life ) when that witnesse , that judge , that jury , will not be bribed . god hath fixed it in the soul , as an internal register , as an impartial diary , as the censor of the affections , and the pedagogue of the passions , and you that have by an inveterate wickednesse conquered the oppositions which god seated in your hearts to sin , may possibly consult well with your present advantage and greatness , but not at all with his future comforts , for besides the losse of that intimate pleasure which waits upon innocency . there is another wile that these gibeonites have to seduce multitudes , and is so prevalent with most people ; their successe in all enterpises , as their demi-god rogers , the forge and bellowes of sedition , infernal emisarie , stiles in his pamphlet against mr. prynne , the blessed and successefull parliament . seeing it is so great a plea with these men , i will first shew , that successe is no argument of a good cause ; and then , that the wickedest men have most used it . concerning the first , david in the psalm , describing the outward estate of evil men , sayes , they were successfull in their affaires ; insomuch that the people thereupon came in apace unto them ; yea , so prosperous they were in their way , that in a manner , he was non-plus'd at the matter . and jeremy the prophet argues with god about the same thing , jerem. . why it should be so , that they who dealt very treacherously , should be so very happy ; whose conditions also in another place he describes more fully in these words , jeremy chapt. , . among my people are found wicked men , who lie in wait , and set traps and snares to catch their brethren , their houses are full of deceit and wrong , yea , they do ( in their justice and cruelty ) surpasse wicked men : they take upon them to be judges , and yet judge not the cause , no not so much as the cause of the fatherlesse , or the right of the needy ; and yet they prosper , are become great , grown rich , waxen fat , and shine . here was prosperity we see , here was successe , but no honesty , no goodnesse . in the . of daniel , . certain vile persons ( so intitled ) are prophesied of , who should do much mischief against the holy people , whom they should kill and destroy , and speak blasphemous things against the god of gods ; they should honour onely the god of forces , i. e. they should trust only in their militia , or strength of weapons , for safety and protection : ( all these it seems , are the conditions of vile persons , and should prosper for an appointed time , untill the indignation be accomplished ( saies the text ) which was determined to be done . ) vve know that cain prevailed against abel , yet abel was the better man , and offered the better sacrifice : nay the pharisees ( we know ) prevailed against christ himself for a season , had their wills of him , got him crucified by the common vote and consent of the people , even according to the desires of their own hearts . and from hence it was believed by a great many , that christ was even such a man as his enemies reported him , a deceiver , and a malefactor : & that it was the judgement of god upon him for his sins . he was despised , rejected of men , esay . . hence it is that some of his disciples themselves were so staggered at the matter , that even they made a question , whether he were the man whom they took him to be , because of that successe which his enemies had against him . indeed it is the humor of men to passe sentence upon others , from a view of their outward conditions ; if they prosper , then they conclude them good , and beloved of god ; if not , then wicked presently . when the viper was seen hanging on st. pauls hand , he was judged a murtherer immediately , and the worst of men in all the company . does not scripture throughout , and dayly experience both , inform us , that the best men are usually the most afflicted ? and thus we see that to argue from successe is but a weak kind of arguing . but i shall proceed to the next place , that the worst men have alwayes been wont to plead this argument ; one or two examples amongst many shall be alleged to this purpose . the scripture tells of rabshaketh , when he moved the people of jerusalem ( as these men do us ) to make a general revolt from good hezekiah , he pretended that god had set him on work , and had said , go up against this land , and destroy it , and his main argument was , his masters extraordinary great successe , isay . . , . to which purpose he reckoned up ( as our tyrants doe ) a great many cities and castles which he had taken , as hamah , and arphad , sepharvaim , and ivah . and so the turks to this day argue against the christians , that their religion excells ours , because they have prospered better , and prevailed more than we have done . indeed there is no argument more popular than successe , because the bulk of men is not able to distinguish the permission of god from his approbation : and although it be in it self fallacions and feeble , yet the misery of the conquered denies them the opportunity to dispute it ; for the opposition of the sword will never be confuted by the bare fist of logick . i wonder that any would be so importunate to preach laws and moral reasons to these men with swords by their sides ; who are like those in livy ; that all laws are engraven on the hilt of a victorious sword , to whose mandamus all other statutes must submit . but our new masters by quoting the successe of their undertakings , besides the plausiblenesse and insinuating nature of the proposition it self , have the advantage of power to make us believe them ; nor is this bait contemptible ; many of parts and prudence , yea and of religion , have been staggered by it . the heathen could say , happy piracy is a thing of unhappy presidency ; fortunate sins may prove dangerous temptations ; but for these men to say that god doth signally attest the actions of their persons , or the justice of their cause , by permitting it to prosper and taper up in the world , is such a deceit , as deserves our serious abhorrency . and now ( reader ) let us mix our prayers , that god would for ever banish this cur●●d policy out of europe , and the whole christian vvorld ; and damn it down to hell , from whence originally it came : and let such as delight to abuse others , think of that self-cousenage , with which in the interim they abuse themselves . god permitting the devil to revenge the imposture . and whilst we are busie with politick stratagems , and tortious arms to invade the rights of others , let us all consider , that this is not the violence which takes heaven . it is manifest that we are fallen into the dregs of time , we live in the rust of the iron age , and must accordingly expect to feel the dotages of a decrepit vvorld : what is become of truth , sincerity , charity , humility , those antiqui mores , whether are they gone ? did they attend astraea , and have left such degenerous successors , as cruelty , pride , fraud , envy , oppression , & c ? o god be thou pleased to magnifie thy power , and thy mercy in converting these men , bring them upon their knees , ( good lord ) before thee and before the nation , and perswade their proud and rebellious spirits , to beg pardon for all their evils done , and to this end let them feel that hell which is in their own bosomes , let the blood which they have shed cry , and the evils they have committed roar within them ; let them seriously think of those devouring flames , of those everlasting burnings , upon the worm that never dieth , and upon the fire that never shall be quenched . finis . a seasonable argument to perswade all the grand juries in england to petition for a new parliament, or, a list of the principal labourers in the great design of popery and arbitrary power who have betrayed their country to the conspirators, and bargain'd with them to maintain a standing army in england ... marvell, andrew, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing m estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a seasonable argument to perswade all the grand juries in england to petition for a new parliament, or, a list of the principal labourers in the great design of popery and arbitrary power who have betrayed their country to the conspirators, and bargain'd with them to maintain a standing army in england ... marvell, andrew, - . p. [s.n.], amsterdam : . written by a. marvell. cf. dnb. reproduction of original in british library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng great britain -- politics and government -- - . - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - olivia bottum sampled and proofread - olivia bottum text and markup reviewed and edited - pfs batch review (qc) and xml conversion a seasonable argument to perswade all the grand iuries in england , to petition for a new parliament . or , a list of the principal labourers in the great design of popery and arbitrary power ; who have betrayed their country to the conspirators , and bargain'd with them to maintain a standing army in england , under the command of the bigotted popish d. who by the assistance of the l. l's scotch army , the forces in ireland , and those in france , hopes to bring all back to rome . veritas non quaerit angulos . nunc omnia romae venalia . amsterdam , printed in the year , . a seasonable argument to persvvade all the grand juries in england , to petition for a new parliament . or , a list of the principal labourers in the great design of popery and arbitrary power , &c. bedford . sir humphry winch , baronet , hath from the court , l. per annum sallery ; and was of the council of trade for plantations . berk-shire . windsor . sir thomas higgons , knight , hath a pension of l. per annum , and hath had l. in gifts ; married to the earl of bathes sister . sir francis winnington , knight , solicitor general to the king , which place is worth l. per annum . reading . sir thomas doleman has l. per annum pension ; and was assisted by the court in the cheating-will , whereby he got quarles his estate , valued at , now clerk of the council , which is worth l. per annum , and is promised to be secretary of state. richard aldsvvorth , esquire , auditor in the exchequer , which is worth l. per annum , he is also the arch-bishops secretary , and has got by boones , at several times , l. wallingford . sir iohn bennet , knight of the bath , has got of the poor indigent cavaliers money l. and otherwayes near l. more . buckingham-shire . sir richard temple commissioner of the customs , which is worth l. per annum . buckingham town . sir william smith , as honest as sir richard temple . chipping wicham . sir robert savvyer , a lawyer of as ill reputation as his father , has had for his attendance this session l. and is promised ( as he insinuates ) to be attorney-general , and speaker of the house of commons . agmondisham . sir william drake , barronet , under the command of his father-in law the chief barron montague , who enjoys l. per annum during the kings pleasure . cambridg-shire . sir thomas hatton a man of no estate but his pension . sir thomas chichley , master of the ordnance , and has had l. given him , and the reversion of his place to his son. university . sir charles wheeler , a foot captain , who once promised himself to be master of the rolls , now governour of mevis . town of cambridge . william lord allington , in debt very much , a court-pensioner , and in hopes of a white staffe . a cully . che-shire . thomas chelmodly , promised a great place at court , but not only deceived , but laught at , poor gentleman . chester . robert worden , esquire , a betrayer of the old cavaliers ( with willis ) and of sir george booth ; the duke of yorks creature , and gentleman of his bed chamber . cornwall . sir ionath . trelavvney , barronet , one that is known to have sworn himself into at least in his account of the prize-office . controller to the duke , and has got in gratuities to the value of l. besides what he is promised for being an informer . sir iohn compton , barronet , a commissioner of the prizes , and besides a patentee for setting up lights upon the sea-coast . lanceston . sir charles harbord , surveyor general has got l. of the king and kingdom ; he was formerly a solicitor of staples-inn , till his lewdness and poverty brought him to court. leskeard . bernard greenvil , esquire , a bed-chamber-man , has got in boons at several times l. helston . sidney godolphin , esquire , a bed chamber-man . sir william godolophin , barronet , had l , per annum out of the fee-farm rents , and governour of scilly island . truro . iohn arundel , esquire , his father from a small fortune , raised to be a lord , and hath now l. per annum pension out of the excise ; and hath got in boons l. cammelford . sir vvilliam godolphin , knight , under secretary to the lord arlington , now embassador in spain and lately turn'd papist ; hath got in boons , l. vvest-lovv . iohn trelavvny , esquire , cup-bearer to the king , captain to a troop of horse in ireland , and l. per annum pension . iohn trelavvny , esquire , own son to honest sir ionathan trelavvny . east-lovv . charles osborn , the treasurers brother , has an office in the customs . henry seymour , esquire , of the bed-chamber , has the hanaper-office , and is controller of the customs at london , has got l. in dutchy leases , and other boons . boffing . robert roberts , esquire , victuals and protection in vvhite-hall , out of priviledge time , and l. a session . st. michael . francis lord havvly , captain of his majesties troop , gentleman of the bed-chamber to the duke , and court buffoon ; has got in boons l. st. mavvs . arthur sprye , a commissioner of the prizes , l. per annum pension ; has raised his estate from per annum to by being a member . sir ioseph tredenham , the son of an attorney , and by marrying the speakers sister has got a considerable pension . kellington . sir cyril vvych , secretary to the lieutenancy in ireland ; brother in law to the two earls of bath , and st. albans . carlile . sir philip hovvard , captain of the horse guards , got in patents and boons l. sir christopher musgrave , knight , captain of a foot company l. per annum pension , and to succeed his father in the government of carlile . devon-shire . sir copelston bampfield , barronet , much addicted to tipling , presented to the king by his pretended wife , betty roberts , the pall mall exeter . sir iames smith , knight , major of the kings regiment , l. in boons . kinsman to the duke of albermarle . thomas vvalker , esquire , a commissioner of the prizes , where he feathered his nest to some purpose ; l. this session , besides preferring his brother to be collector of the customs of exeter . totnes . sir edmond seymour , barronet , the speakers father , and an indigent pensioner . sir thomas berry , knight , a pensioner of l. per annum , got for him by the lord clifford his brother in law. plymouth . sir gilbert talbot , knight , master of the jewel office. plimpton . sir nicholas slanning , knight of the bath , sir george carterets son in law , the kings carver ; l. in boons , and governour of pendennis in reversion . honinton . sir courtney pool , first mover of the chimny-money , for which he had sir peter prideux , knight , the lord of baths brother in law , constant court dinners , and l. per annum pension . beer alston . sir iohn maynard , knight , the kings serjeant at law. tiverton . sir henry ford , once secretary for ireland , a pension of l. per annum , which is almost all he has to subsist on . dorset-shire . corfe . lord latimer , son to the lord treasurer . lime regis . sir iohn shavv , once a vintners boy , got of the crown , out of the customs , and by other wayes , l. vveymouth , sir vvinston churchil , was a commissioner of the court of claims in ireland now one of the clerks of the green-cloth . he prefer'd his own daughter to the duke of york , and has got in boons l. he has publisht in print that the king may raise money without his parliament . brid-port . george boreman , esquire , once an under-clerk in the six clerks office , now master of the ballast office ( a place no less oppressive than illegal ) worth l. per annum . vvarham . george pitt , quondam servant to the duke of york , but turn'd out , and was promised to have the money it cost him , l. durham . iohn tempest , esquire , a papist , a pensioner and a court dinner-man , has got a customers place at hull for his son. essex . harvvich . thomas king , esquire , a pensioner for l. a session , &c. meat , &c. drink , and now and then a sute of clothes . glocester . sir baynham throgmorton , a grant of kingsvvood-forrest , and l. per annum . malden . sir richard vviseman , a l. per annum pension , and keeper of one of the treasurers publick parliamentary tables . sir vvilliam vviseman at sir richards devotion . hant-shire . vvinchester . sir robert homes , first an irish livery boy , then a high-way-man , now bashavv of the isle of vvight , got in boones , and by rapine l. the cursed beginner of the two dutch wars . laurence hide , the elder , a pension of l. per annum , and a constant court-dinner-man . southampton . sir richard ford , knight , contriver of the two dutch wars , for which he had l. and yet is scarce able to live . thomas knovvles , esquire , the treasurers kinsman , l. per annum pension . portsmouth . sir george carteret , baronet , a french man , vice-chamberlain to the once treasurer of ireland , and the navy , in which two places he cheated the crown of l. as upon account was made apparent ; he has wisely conveyed great part of his estate beyond sea , therefore deservedly made a privy counsellour . 〈◊〉 . thomas neal , esquire , now turn'd brewer 〈…〉 a rich wifes fortune , and his own 〈…〉 he has a promise his son shall marry mall daveys's daughter , and to be made a viscount , and maintaind if his brewhouse fail . formerly called golden neal , now , brazen groom-porter . stockbridge . sir robert hovvard , auditor of the receipts of the exchequer , worth l. per annum , many great places and boons he had had , but his w uphill spends all , and now refuses to marry him . robert philips , esquire , bed-chamber-man , got in gifts l. nevvton in the isle of vvight . sir iohn holmes , sir rob. brother , a cowardly baffled sea captain , twice boxed , and once whipp'd with a dog-whip , as many gentlemen can testify ; chosen in the night , without the head officer of the town , and but one burgess , yet voted well elected this last session . sir kingsmil lucy , barronet , has had l. and promised a court place . hereford . thomas price , esquire , l. given him , and l. per annum pension , and protection in vvhite-hall during protogations . city of hereford . herbert vvestphalin , esquire , l. in money , and an office in the custom-house , worth l. per annum . vvebley . sir iohn barnaby , knight , l. given him . sir thomas williams , once a poor quack chymist , now the kings chymist , has got at least l. by making provocatives for letchery , and yet at this time all his land is under extent , and his protection only keeps him out of prison . hartford-shire . sir richard franklin , a pension of l. per annum . huntingdon . tovvn . sir iohn cotton , a mad man , who cut his own throat , and now cuts his countrys by his vote . sir lionel walden , l . in the kings debt , a black-heath captain , and a papist , at present has a company of foot , and a l. given him . kent . sir thomas peyton , the coal-farm , worth l. per annum , has had many boons , and yet has spent all , and his own estate to boot . this is peyton the informer . canterbury . sir edvvard masters , knight , a great wittal , &c. canterbury . thomas hardness , serjeant at law promised to bea judge . rochester . sir francis clerk , a commissioner of the prizes and a constant receiver of all publick money , and a constant diner at court tables . maidston . thomas harlackenden , esquire , whose only livelyhood is in his pension . sir robert barnham also . quinborough . iames herbert esquire , is but fifteen years old , but son in law to the treasurer , and therefore of age to dispose of the peoples money . lanca-shire . county . sir roger bradshavv , a papist , has a lease from the crown . lancaster . richard kirby , esquire , one of a very small estate , a captain of guards , and a commissioner for the hackney-coaches , has had l. in boones . richard harrison , esquire , a small pension proportionable to his understanding . preston . edvvard rigby , esquire , serjeant at law , promised to be a welch iudge . sir iohn otovvay , solicitor of the dutchy , and a consider-boon in the fee-farm rents . nevvton . richard lord gorges , a pension of l. per annum . clitheroe . sir iohn heath , attorney of the dutchy , a great drinker and a suspected papist . sir thomas stringer , a dancing-masters son , got l. under the duke of albarmarle . wiggon . charles earl of ancram , a poor scot , l. per annum pension . sir ieoffery shackerly , governour of chester , a pension of l. per annum . leicester-shire . county . george fount , esquire , l. out of the last tax , and is a constant receiver of all taxes . tovvn . sir william hartop , a pension of l. per annum , and promised to be clerk of the kitchen ; threatens to sue his town for his wages , because he hears they 'l choose him no more . lincoln-shire . sir robert carr , barronet , l. in boones . chancellour of the dutchy . two wives living at this time ; one , arlingtons sister . grimsby . william broxholm , esquire , an indigent papist , has had l. given him . stamford . peregrine bertie , esquire , the treasurers brother in law , has a pension and a troop of horse . middelsex . sir lancellot lake , much in debt , has a promise that his elder brothers son shall not be naturallized , a notorious cuckold . sir thomas allen , whose understanding is as great as his honesty ; a close embracer of rogues , had a boon of a l. westminster . sir philip 〈◊〉 once secretary to arch-bishop lavvd , before that a poor singing boy , got artificially from the treasurer southampton , and the king l. now clerk of the signet . never lyes more than when he professes to speak the sincerity of his heart . sir richard everard l. and that being near spent must have more , or seek a new way to get bread . norfolk . christopher ivy , esquire , a prisoner in the kings bench , an old decrepid letcher , has l. a session . norvvich . francis cory , esquire , no better than ivy. lin regis . robert cook , esquire , the treasurers son in law , who by his priviledge protects himself from the payment of the mony ( viz. l. ) that was spent at his election . robert wright , esquire , pepis his pensioner , and has s. a day allowed him by the sea men , as their councel , but uses them as he does the nation , viz. betr yarmouth . sir william doyley , got l. out of the dutch prisoners allowance , and starved many of them to death , a pension of l. per annum , his son is a teller in the exchequer . thetford . sir. allen apsley , the kings falconer , worth l. per annum , the dukes treasure worth got by boones and other acts , l. a red letter man , if of any religion . sir ioseph williamson , once a poor foot boy , then a servitor , now principal secretary of state , and pensioner to the french king. castle rising . samuel pepys esquire , once a taylour , then serving man to the lord sandvvitch , now secretary to the admirally ; got by passes , and other illigal wayes l. northampton . tovvn . henry lord obryan , by his wifes interest has got of secretary williamson , l. and the reversion of cobham park , and other estates that were in the crown , worth l. per annum , his son married the treasurers daughter . higham ferris . sir levvis palmer , a great trader in protections , and sells cheap ; his father was attorney generall . brackley . robert spencer , esquire , a bed-chamber-man to the king , and in debt over ears . northumberland . sir iohn fenvvick , a captain under the duke of monmonth , and promised a place at court ; had l. given him for his election . sir ralph delaval , had l. gyven him , and has a pension of l per annum . nevv castle . sir francis anderson a pensioner to the treasurer . morpeth . sir george dovvning , a poor child , bred upon charity ; like iudas , betrayed his master . what then can his country expect ? he drew and advised the oath of renonceing the kings family , and took it first himself . for his honesty , fidelity , &c. rewarded by his majesty with l. at least , and is a commissioner of the customs , the house-bell , to call the courtiers to vote , at a clock at night , an exchequer teller . bervvick . daniel collingvvood , esquire , a court janizary , a pension of l. per annum , governour of holy-island . vicount dunblain , years old , the treasurers son , bribed the mayor falsly to return him . notingham-shire . sir francis leake , barronet , governor of the block-house at gravesend , a foot company and l. in money . east-retford . sir edvvard dearing , barronet , commissioner of the court of claims in ireland ; the chancellours brother in law , promised to be secretary of state after coventry , now commissioner of the customs in london , worth l. per annum , oxford-shire . university . lavvrence hyde , master of the robes to the king , has had in boons l. woodstock . thomas howard , esquire , the lord of suffolk's brother , l. per annum pension . rultland . edvvard noel , esquire , lord lieutenant of hant-shire , lord warden of the nevv-forrest , and other great favours promised him ; which he need not doubt off , being the treasurers nephew . shrop-shire . sir francis lavvley , a pensioner ; one of the horses in madam fontletts coach. ludlovv . somerset fox . a pension of per annum . sir iob charlton serjeant at law , chief justice of chesler , a dull welch judge , l. per annum for his speakers place . vvenlock . george wild , esquire , a commissioner of the excise in ireland , l. in money ; a declared enemy to his country . bishops castle . edmond vvarring esquire , a commissioner of the excise , a pension to keep him out of prison . sir iob charltons brother in law. william oakley , esquire , brother in law to charlton , and waring , has a small pension . somerset-shire . bath . sir vvilliam basset . henry seymours son in law l. given him by clifford , he has promise of a place in the law act , alwayes drunk when he can get money , vvells . maurice lord fitzharding , one of that family which had from the crown in boons and places l. besides the unnatural honour given to the younger brother for pimping , which came afterwards to the father , and so to this lord. he 's collonel of horse in ireland . taunton . sir william portman , in hopes to be a lord , much priest-ridden . bridg-vvater . sir edmond windham , knight-marshal , in boons , l. his wife was the kings nurse . mynhead . thomas windham , esquire , bed-chamber-man to the king , as also querry . he married a court stafford-shire . randal edgerton , esquire , a captain in the guards , has had in boons l. litchfield . richard diet , esquire , a sea captain , kinsman to sir robert car , l. per annum pension . walter chetvvind , courted , treated , and complimented out of his vote . nevvcastle under line . leviston govver . esquire , son in law to the earl of bath , had a great estate fell to him by chance , but honesty and wit never came by accident . suffolk . sir henry felton , a pensioner , and his son a bed-chamber-man . dunvvitch . sir iohn pettus a pension , of l. per annum , all his estate is under extent . vvilliam wood , esquire , master of the kings dock , and his ship-wright , and a violent man for taxes . sudbury . sir robert cordel , a poor gentleman that has almost spent all . major cornvval , a pension of l. per annum , and a captain in the army . eye . sir george reeves , though of a great estate , yet content with a small pension , and promises that he shall be paid a great sum of money , that he has in the bankers hands . of no religion . robert reeves , his son , no less than the treasurers table is sufficient to feed his monstrous carcase . edmunds bury . sir iohn duncomb , a pensioner , of l. per annum ; in boons . vvilliam duncomb his son , patrisari . surrey . sir adam brovvn , barronet , the treasurers cousin-get-man , and the duke of yorks vassall . southvvark . sir tho. bloodvvorth , a mercenary alderman , of london , not to be forgotten for his pissing out the fire . blechingley . sir vvilliam hayvvard , a commissioner in the fale of the fee-farm-rents , by which he got l. a privy-chamber-man , and l. in money . sir edv. by th . king at arms , a session , yet very poor . rygate . sir iohn vvorden , the duke of yorks secretary , a favourer of popery . guilford . thomas delinghoy esquire , a scotch serving-man , a creature of lauderdales , chosen by the duke of york , who was in pension at his election , and voted for him . sir vvilliam morley , knight of the bath , a constant courtdinner man. sussex . chichester . richard may , esquire , a lawyer , recorder of chichester , a pensioner , and promised to be heir to bap. may , if he vote . horsham . sir iohn covell , barronet , wheedled with promises , much in debt . mid-hurst . baptist may , esquire , privy-purse , l. per annum allowance , got besides in boons for secret service , l. this is he that said , l. per annum vvas enough for a country gentleman to drink alè , eat beef , and to stink vvith , &c. levvis . sir iohn stapely , an indigent . sir thomas vvoodcock , deputy governour of vvindsor castle , a foot company , l. per annum pension . he set up a deed to gain his neeces estate , which was found to be forg'd by a jury at the kings-bench bar , and now stands upon his priviledge , to prevent a decree in chancery to have it canceled . staining . henry goring , esquire , l. per annum pension , and court dinners . bramber . pierce goring , esquire , per annum pension . nevvshoram . henry goring , esq. l. and promised a pension . east-grimstead . edvvard sackvil , esquire , lieutenant to the yeoman of the guard. arrendel . roger , earl of orrery , president of munster , and a regiment of horse in ireland . francis vicount langford , formerly treasurer of ireland , which he sold for l. now a pension of per annum . warwick-shire . sir robert holt , barronet , l. given him and , protection from his creditors ; brought out of goal this last session , when outlaw'd after judgment . sir henry puckering , alias nevvton , pay-master to the popish standing-army , and allowance for keeping a table every session . vvarvvick town . sir francis compton knight , captain of a troop of house . westmerland . sir philip musgrave , barronet , a regiment of foot , governour of carlile ; given him in fee-farm-rents l. appleby . thomas tufton , esquire , bed-chamber-man to the duke of york . wilt-shire . nevv-sarum . sir stephen fox , from a poor foot-boy , and then singing-boy , has got in places by the court pounds . clerk of the green cloth. vvilton . sir iohn berkenhead , a poor alehouse-keepers son , got by lying , to be one of the masters of the request and faculty office ; in boons l. hindon . edvvard seymour had for four year l. pension to betray the country party , for which he then appeared . but since he hath shewn himself barefac'd , and is treasurer of the navy , and speaker ; one of the commissioners of the admiralty , and of the popish cabal . robert hyde , esquire , had sold his vote before he came into the house , and had l. for this last ( his first ) session . westbury . thomas wanklin , esquire , once a poor serving-man , now one of the commissioners of the excise in ireland , and l. a session . kept an inn at kingston three years , now keeps a tavern in essex buildings in the strand . devizes . george iohnson , esquire , a lawyer , and a vvelch judg , the treasurers sollicitor , and an impudent has the reversion of the master of the rols , but some say , that 's onely in trust for baron bertie . chipenham . francis gvvyn , esquire , one of the commissioners of the excise in ireland , had l. given him . malmsbury . philip hovvard esquire , of the dukes bed-chamber , l. per annum pension . sir thomas escourt , reversioner of the judge of the marshalsie , his fathers own son , converted to the church of rome by his young handsom mother in law , with whom he 's very inward . crecklade . sir iohn earnley , a commissioner of the navy , and chancellour of the exchequer , allwayes votes as directed . bedvvin . henry clerk , an indigent commissioner of the prizes ; and a place in the custom house at bristol worth l. per anum . ludgarshal . daniel finch , esquire the chancellors son . vvilliam ●●shburnham , esquire , got by the court l. cofferer . george leg , esquire , supposed to be a papist ; of the dukes bedchamber , and governor of portsmouth , in boons l. old sarum . sir edvvard nicholas , knight , got by the court l. malborough . sir iohn elvves , knight , very poor but a place in ireland of l. per annum ; a court admirer . worcester-shire . sam. sandys senior , esquire , a boon given him in the excise which he sold for . worcester . thomas street , esq. a welch judge , promised other preferments ; had given him . dailvvich . sam. sandys , junior , esq. son of l. henry coventry , secretary of state , the breaker of the tripple-league , as he himself affirmed when he went to svveden . evesham . sir iohn hanmer , a prodigal gentleman of the horse to the master of the horse ; commissioner of the excise in ireland , and a troop of horse in ireland , l. given him in money . york-shire . conyers darcy , esquire , assisted by the court in stealing the lord lexingtons sister from her guardian for his son . sir thomas slingsby , governour of scarborough castle , never gave his country one vote , who voted all for him when chosen knight of the shire . knaesborough . valiant sir iohn talbot , a foot company , a company of dragoons , a commissioner of the prizes , of the excise , and for the sale of fee-farm-rents ; l. per annum out of the wiltshire excise , the reversion of the jewel office. rippon . sir iohn nicholas , knight of the bath , clerk of the council , got by the court l. sir edmond iennings , made high sheriffe of yorkshire ( against a vote of parliament ) which is worth l. promised a pension , and place at court. heddon . henry guy , esq. groom of the bed chamber . alborough . sir solomon svvayl , barronet , one whose word will not pass for d. where he is known , got by the court l. an old papist , if not priest , but his bald pate excuses his tonsure ; a forger of wills. sir iohn risby , the treasurers creature ; sold himself and country , to him . thrisk . sir william wentvvorth , sir allen apsleys son in law , much in debt ; his wife has a place under the dutchess of york , he a pension of per annum , in boons l. north-allerton . sir gilbert gerrard , a souldier of fortune , he has got by the court , and the late bishop of duxham ( whose daughter he married ) l. but at present 't is most spent ; but he hopes his friend the treasurer will repair all breaches . pontefract . sir william lovvther , commissioner of the customes , a man whose honesty and integrity oftener fails him than his wit. cinque-ports . hastings . sir dennis ashburnham , married mr. iohn ashburnhams daugher ; got in places l. rye . sir iohn robinson , barronet , lieutenant of the tower , got in places and gifts , by his wifes interest and otherwayes l. sheriff of london at the execution of dr. hevvit , and a notorious r. in the late times . hithe . iohn harvey , esquire , the queens treasurer , that told the king , he had been voting against his conscience to serve his majesty . sir leolin ienkins , son of a taylour , judge of the admiralty ; was in hopes to be arch-bishop of canterbury ; imployed in four embassies ; and whose indefatigable industry in promoting a peace for france , has been our — ; he affirmed in the house of commons , that upon necessity the king might raise mones without act of parliament . dover . george montague , esquire , abbot montagues brother , master of st. katherines hospital ; in gifts l. sandvvitch . iohn stroud , governour of dover , commissioner of the prizes got by several indirect wayes , from the king and kingdom , l. bevv-morris . iohn robinson , esquire , l. per annum pension . wales . brecknock . sir herbert price , barronet , master of the houshold , got in boons l. cardiganshire . sir charles cotterel , master of the ceremonies , got in gifts , l. carmarthen-tovvn . iohn lord vaughan , governour of iamaica ; l. per annum pension . robert lord buckly , the chancellours brother in law , by whose meanes he is guardian to sir william williams ; worth l. per annum to him . denby-shire . iohn wyn , esquire , l. given him in money . flint-shire . sir thomas hanmer , barronet , per annum pension . flint . roger wheatly , esquire , knight harbenger , farmer of the post office , by which he has got a vast estate . merioneth . andrevv nevvport , esquire , l. per annum pension ; a squire of the body . the publisher beggs pardon of those gentlemen here named , if he has for want of better information , undervalued the price and merit of their voices ; which he shall be ready upon their advertisement to amend : but more particularly he must beg the excuse of many more gentlemen , no less deserving , whom he hath omitted ; not out of any malice , or for want of good will , but of timely notice ; but in general , the house was , if they please to remember , this last session , by three of their own members told , that their vvere several papists , fifty outlavvs , and pensioners without number ; so that upon examination , they may arrive at a better knowledg amongst themselves , and do one another more right , then we ( howsoever well affected ) can possibly do without doors . finis . mercurius publicus: comprising the sum of forraign intelligence ...[no. ( aug- aug )] mercurius publicus (london, england : ) this text is an enriched version of the tcp digital transcription a of text in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a thomason e _ ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]; :e [ ]; :e [ ]; :e [ ]; :e [ ], etc) mercurius publicus: comprising the sum of forraign intelligence ...[no. ( aug- aug )] mercurius publicus (london, england : ) muddiman, henry, fl. - , editor. dury, giles editor. newcomb, thomas, d. or , publisher. v. began with numb. ( dec. - jan. ); ceased with numb. ( - aug. ). printed by tho. newcomb, london : title from caption. subtitle varies: , "... comprising the sum of forraign intelligence"; - , "... comprising the sum of all affairs now in agitation." by henry muddiman and giles dury. cf. nelson and seccombe. printed variously by: john macock, thomas newcomb, richard hodgkinson, d. maxwell, peter lillicrap, james cottrell. description based on: numb. . numb. ( - oct. ) is a second copy of the parliamentary intelligencer for those dates, mistakenly titled mercurius publicus. thomason collection does not have complete run. reels listed in chronological order of serial publication; holdings dispersed throughout collection. reproduction of the originals in the british library. enumeration begins again at numb. annually. no issue numbered in , no issue numbered in ; chronology is continuous. eng great britain -- politics and government -- - -- periodicals. great britain -- history -- charles ii, - -- periodicals. europe -- history -- - -- periodicals. a (thomason e _ ). civilwar no mercurius publicus: comprising the sum of forraign intelligence ... [no. ( aug- aug )]. anon. f the rate of defects per , words puts this text in the f category of texts with or more defects per , words. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - ali jakobson sampled and proofread - ali jakobson text and markup reviewed and edited - pfs batch review (qc) and xml conversion numb. . mercurius publicus , comprising the sum of forraign intelligence : with the affairs now in agitation in england , scotland , and ireland . for information of the people . published by order . from thursday august . to thursday august . . westminster . his excellency the lord general monck being lord lievtenant of his own native county of devon , hath nominated and chosen divers noble gentlemen of known honour and loyalty to his majesty , to be deputy leivtenants of that county . their commisons are all sealed , who need no other commendation but to tell this newes , viz. sir edward seymour barronet . sir hugh pollard barronet . sir peter prideaux baronet . sir john northcot baronet . sir john davy baronet . sir courtney pool baronet . sir william courtney baronet . sir edmond fowel baronet . sir john chichester of hull knight . sir thomas stukley knight arthur basset esquire . john rolles esq francis drew esq walter young esq we have formerly acquainted you how the respectiv● regiments of the army in england have been disposed ▪ and now we shall tell you in what hands his majesty hath entrusted the garrison of dunkirk , wherein are four good regiments , three of foot , and one of horse , viz. edward harley , col. and captain , governour of dunkirk . peter sainthil lieutenant . william fleetwood lieut. col. and capt. thomas ingram lieutenant . arthur colliot ensigne . john hinton major and captain , richard woodw●rd lieutenant iohn ewbank ensigne . francis conway captain , iohn green lieutenant william grant ensigne . roger cotes captain , edward emmes lieutenant , william grant ensigne . edward righton captain , richard baker lieutenant , abraham davies captain , iohn turpin lieutenant william carter ensigne . iohn muse captain , william beech lieutenant . christopher monck captain , edward l●yton lieutenant , henry iackson ensigne . francis bromich captain , iames ralph lieutenant vvilliam iones ensigne : henry gargran q. m. and marshal gen. w●l●er scot chyrurgeon . vvilliam lloyd towre major . henry lillingstone col. and captain . vvilliam vvittaker lieutenant . thomas mitchel ensigne . thomas heynes lieut. col. and capt. thomas young lieutenant . ralph vvalker ensigne . geo. clinton alias fiennes maj. and cap. iohn sherrard lieutenant . alexander crawford ensigne . robert fitz-vvilliams capt. iohn southerne lieut. george fitz-williams ensigne . robert smith captain . robert landy lieutenant . iames stopford ensigne . peter pogson captain . herbert boare lieutenant . william terry ensigne . samuel brooke captain . robert muschamp lieutenant . robert mylevis ensigne . william wandes captain . lewis powel lieutenant . lawrence fellow ensigne . henry middleton captain . robert lawreson lieutenant . thomas brewerton ensigne . iohn cooke captain . william clinton alias fiennes lieut. richard withers ensigne . _____ harrison chaplain . robert farendit chyrurgeon . iohn curtis q. m. roger alsop colonel and captain . john graham lieutenant . edwin bates ensigne . maurice kingwel lieut. col. and capt. iohn giles lieutenant . thomas gryffes ensigne . iohn withers major and captain . francis dukes lieutenant . iohn brookes ensigne . thomas chapman captain . edward pope lieutenant . thomas withers ensigne . nathaniel catham captain . richard flemming lieutenant . william hussey ensigne . _____ c●ap● capt. robert gr●ss● lieutenant . anthony ●almer ensigne . humphrey a●●erton capt. thomas basset lieutenant . thomas blackat ensigne . iohn turner captain . francis hinton lieutenant . william potham ensigne . francis annesley captain . iames p●mtruge lieutenant . richard line ensigne . rice powels captain . _____ day lieutenant . alexander young ensigne . iohn wilkinson chyrurgeon . nicholas t●m q. m. fra. pockley physitian to the garrison . robert harley colonel and captain . iohn graunt lieutenant . henry willoughby cornet . george penny q. m. tobias bridges major and captain . _____ hargrave lieutenant . iohn brown cornet . mat. wayne q. m. oliver nicholas captain . thomas stackhouse lieutenant . thomas bernardiston cornet . _____ laughorne q. m. iames halsey captain . robert brodnax lieutenant . peter pawlyn ensigne . theodore russel q. m. edward wood captain . george bret lieutenant . william ashenhurst cornet . samuel sharpe q. m. _____ flower cap· lt. to col. ed. harley . edward talbot cornet . on thursday the of this instant august , frederick van alefeldt , ambassadour extraordinary from his majesty of danemarke , came to london , with a very noble retinue ; his servants in very rich liveries : sir charles cottrel his majesties master of the ceremonies , with several coaches of the chief nobility , went to meet him , and conducted him to sir abraham william's house , at the palace in westminster . you have heard heretofore how commissions under the great seal were issued forth , impowring several officers of the army to administer the oathes of supremacy and allegiance to the respective officers and souldiers of each regiment : in performance of which duty the said officers have been very diligent , particularly in his excellency the lord generals regiment of horse , where major iohnson ( who so prudently prevented the betraying of berwick to lambert ) and cap. symnel shewed now as much readiness , as they had formerly valour , in advancing with cap. wilmot so daringly to morpeth in northumberland , with four troops . these two riding from troop to troop , found all the officers and souldiery as willing to take the oathes as they to administer , one only trooper in the whole regiment dissenting . the like care was used in administring the said oathes to his excellencies regiment of foot , where also but one only souldier dissented . in col. hubblethorn's regiment of foot only one dissented . in col. litcot's but one only . in col. read's but one ; and in sir ralph knight's regiment of horse but one ; where we cannot but take notice of the equal care of all these faithful officers , that in each regiment there should be but one dissenting ; and that the prudence of them all hath been so great , in entertaining souldiers in such distracted times , where there is but one in each regiment , and not one officer in any . and you cannot but observe how fair and freely those officers have dealt , that such as had any the least scruple against those most just and legal oathes , had yet liberty ( without any force or threats ) to express their dissents , and yet after all this fifting and winnowing , there was not seven men in six regiments but did most cheerfully take the said oaths , and those six , common souldiers ( for officers none ) who were dissenters , were found upon examination to be forraigners , and roman catholiques . colonel charls fairfax hath likewise returned an account of the readiness of all his officers and souldiers in taking the said oaths : the manner of the return ( which is the form used in such cases ) was thus , viz. commissio in cancellaria pro sacramentis praestandis officiariis & militibus sub regimine caroli fairfax colonelll . retorn . sine dilatione . sealed and endorsed c. fairfax . iohn rogers . bailly . for his majesties service . but since we are upon an accompt of administring the oaths of supremacy and allegiance , we must not conceal a particular sent us from cooper in scotland august . where the said oaths were freely taken by the four troops of the lord viscount falkland's regiment in falkland , and not the least question or scruple made by any , except only one in major morgan's troop , who being absent when the rest took those oaths , upon his return was informed by his fellow-souldiers that they had all taken the oathes of allegiance and supremacy , and that he was called for . whereupon he said , i have an hair in my throat , that i cannot swallow , but instantly fell starke mad , and ran roaring and crying up and down ; four men could scarce rule him ; in which sad condition he continued three days , and then died most miserably . a sufficient caveat for all who heretofore so easily swallowed so many new oaths , to be now punished by scrupling at an hair , though in their most just and undoubted allegiance . saturday , aug. . his excellency to ease the burthen and charge of the nation , this day did dispatch express orders to the several regiments of the army , to take in no more officers or souldiers in place of any vacant by death or otherwise . and now ( after so many conferences and debates by the lords and commons in parliament ) it hath pleased god that the act of indempnity which his majesty hath so often press'd and call'd for , is so near perfection , that it 's verily beleiv'd 't will suddenly be published to the world in print . in pursuance whereof that worthy and faithfull sir john robinson , knight and barronet , his majesties leivtenant of the tower of london , received into his custody seven of those who sate as judges on the life of his late majesty , viz. colonell waite , colonell temple , colonell robert lilburn , _____ smith of leicestersheir , esq colonell henry martin , _____ carey , esq colonell downes . these seven were committed this evening to the tower , ( where more of the same order are expected on monday next ) what their fate hereafter will be we cannot sufficiently affirm , but are certain that at present they are in nobler custody then his majesties best subjects when in the same place . lisbone , aug. . s. n. after the three dayes rejoycings , of which formerly i gave you an account ; the king gave order for touros reales , in english , the royal bull baiting to be performed by the principal of the nobility . the conde , the torre is nominated for the first of those who are to ride . this sport is to continue nine dayes with all the solemn pomp possible . the mast in the middle of the pallace-yard , where this festival is to be celebrated , is to bear the flag of england , to put all spectators in mind that all this is performed in token of joy for his majesty of england his restoration to his hereditary right , where you may see how this people who were so exact in their mourning for the execrable murther of the father , do express their joy for the good fortune of his son . the english factors here are preparing somthing to express likewise their joy , but do expect the arrival of their consull before they perform it . a relation of the manner of the reception of the king and queen of france into paris , on the th of august , s. n. the militia's ordered to give their attendance at the reception of their majesties of france , being drawn upon the currant in a great plain , not far from the castle of vincennes . the king went thither to take a view of all the several batalions , which were ranged in no less good order by the president of guenegaud their commander in chief , than they appeared richly accoustred , as well as those who were commanded by other officers ; each one striving to out do the other , in appearing with as much gallantry as possible , to show themselves to so great a monarch , and to be seen by that illustrious and accomplished princess , who did them the honor to come and to take a view of them . their majesties being accompanied by all the lords and ladies of the court in decent manner , a company of musquetiers armed and light-horsemen went before , and brought up the rear of them in such an orderly method , that the whole body did extraordinarily please the people which came from the city to behold it . the . being st. louys day , the queen mother , attended by the prince of conde , the duke of enguyen , the prince of conty , many ladies of great quality , and most part of the prelates who made up the assembly of the clergy , went to the church of the jesuites in st. anthonie's street , to hear a panegyrick touching the king , held there by the abbot of tonnere with much eloquence and a general applause . the th . day of augoest being appointed for the reception of their majesties , about seven a clock in the morning the king came on horseback from the castle of vincennes , to a most stately throne raised at the end of the suburbs of st. anthony , whither the queen also presently after came in a sumptuous chariot , their majesties seated themselves in a chair of state under a rich canopy with gold fringes , as were the rest of the ornaments of this theater . on his majesties right hand , there stood the chancellor of france , the duke of bovillon high chamberlain behind him , next to whom the count of treme captain of the guardes , and by him , next to whom the count of treme , captain of the guards , and by him the duke of crequi , chief gentleman of the chamber took their places ; behinde the queen stood the dutchess of navailles , her majesties chief lady of hono● , and the countess of bethune , the lady of her attire : on the 〈…〉 were placed madamoiselle , and the rest of the daughters of orleans , al●●son a●valois , the princess of co●de , and all the other princesss and ladies . monsieur was next to the king , with the prince o●conde , the duke of enguyen , and the prince of conti and other persons of quality of the court , placed upon the several degrees of the royal throne , at the end whereof were his majesties guards , with a hundred swisses all along the rails , and without all the citizens in their arms , standing filewise to this very town . presently after came the several parishioners , who when they had in passing by saluted their majesties , were followed by the university , the rector whereof complemented their majesties ; after them came the several companies of the city , who delivered their sense by the provost of marcants ; those of the courts of justice , in whose behalf the lieutenant of civil affairs made a speech , and then came the souveraen companies , to wit , those of the court of moneys , of the court of aydes , of the chamber of accounts and the parliament , the chief whereof being received at the foot of the throne by the seurs of rodes and saintot , great master , and master of the geremonies , and presented by the seur of plesses , guenegaud , secretary of state , delivered likewise their complements . which done , their majesties being retired through a gallery , into a house that was prepared near the throne , the company of the provost of the isle began their march , followed by threescore and twelve muses of his eminencies , covered with very rich coverings , with their querries , officers , gentlemen and guards , all in a very handsom and orderly equipage , together with ninety mules of his majesties , and the officers of the great and little stables . next to them went the secretaries of the king , and the masters of requests , led on by the ushers of the chain , the controllers-general , and the great auditors of the chancery , the four ushers with their silver-gilt m●ces , who went before a white mare , ( which carried a small box of silver-gilt , with the seals of france in it on her back , richly dressed and clothed with a cloth of velvet of violet colour , imbroidered with flowers de luces of gold , the four corners whereof were bore up by the four chaufe cires●●oot . th●n came the chancellor of france in his robe and cassock of cloth of gold , mounted on a brave horse clothed with the same staff , having on each side of him his pages , and a great number of footmen in violet-coloured l●very of velvet laced with gold lace , after whom fol●owed some ●f his domesticks , the kings musquetiers , the lighthorsemen , the exempts and guards of the provost ▪ del ' hostel , the marquess of souches leading them up , and a ●reat number of lords excellently well mounted : the marquess of vardes brought up the hundred suisses , then came the heralds at arms , the great master of the artillery , several marshals of france ▪ all in a splendid equipage , and next the c●unt of harcourt m●ster of the horse , carrying the royal sword before his majesty , who now seemed more gallant and lovelier on this occasion , then heretofore in all his famous conquests ; he had on his side six gentlemen of the horse , at his right hand the duke of bovillon his high chamberlain , after came the duke of tremes , captain of the guards , the duke of crequi , chief gentleman of his c●amber , and the sieur of bellingen , chief master of the little tables . next to them went monsieur alone , who by his good meen and rich equipage , was easily known ; after him came the prince of conde , the prince of conty , and the duke of enguien , all excellently well accoutred ; and after them the c●unt of soissons , with a great many other lords ; the hand of the gentlemen-pensioners , and the pages of the queens chamber , who went immediately before the princess seated in a chariot of triumph , attended on one side by the duke of guise , with the other princes of the house of lorrain , and on the other by the count of fuenseldagne wherein was madamoiselle and the three princesses her sisters ; next , the second coach , with other ladies : after them came the kings life-guard and horsemen , and last of all the officers of the hawks , who ended this long and numerous cavalcade . their majesties being arived at the gate of st. anthony , which was stately adorned , and where the several companies of the town staid for them , the provost of the merchants presented them with two canopies of cloth of gold ; that of the king , was supported by the sieurs le vieux and bodequ●n sheriffs , with the two first guards of the company of drapery ; that of the queens was carried by the sieurs prevost and du jour , sheriffs , with two other guards of the same company . thence they proceeded on their march through the street of st. anthony , where the queen-mother had taken up her place at that fair house of madam de beauvais , where there was likewise the queen of england , with the princess her daughter , his eminency , the princess palatine , and a number of other ladies of great quality : then they marched through the street of tisserandery , l'hostel de ville , le pont nostredame , le marche neuf , la place dauphine and pont neuf , until they came to the louvre . there being in all these pa●ts most sumptuous arches of triumph erected , and filled with people , who by their redoubled acclamations , shewed their joyfulness to behold so excellent and perfect a princess . their majesties went yesterday to nostredame , where they found assembled the chancellor of france , the parliament , the chamber of accounts , and the court of aydes , with the companies of the city , and after they were received and complemented there by the dean of the church , they heard the te deum sung with a particular solemnity , befitting the presence of these two great objects of our publick joy . there were likewise present monsieur , the prince of conde , the duke of enguien , and the prince of conty , mademoiselle , the princess of conde , and all the other lords and ladies of the court ; the clergy , the popes nuntio , the count of fuenseldagne , the ambassadors of venice and savoy , and so many other persons of quality : so that there was never a more numerous and more splendid assembly seen here before . advertisements of books newly printed nd published . ☞ veritus inconcussa , or a most certain truth ascertained , that king charls the first was no man of b●ood , but a martyr for his people . by fabian phillips esq sold by williom pl●ce at grays-inn gate . the bowels of tender mercy sealed in the everlasting covenant ; as also the treasures of grace , &c. by mr. obadiah sedgwick . the r●●king of the bi●ter cup ; or the hardest lesson in christs school , learned and taught by himself , passive obedience , by john brinsley , minister of the g●spel at great yarmouth . both sold by joseph cranford at the castle and lion in st. pauls church-yard . the beatitudes : or a discourse upon part of christs famous sermon on the mount . by thomas watson , minister of the word at stephens walhrook in the city of london . printed for ralph smith at the bible in cornhill , near the royal exchange , . manaductio , or a leading of children by the hand through the principles of grammar . by james shirley . an epistle written and presented to his majesty , by a●ise ●●an● who yet live●h . both sold by richard lownds at the white lion in st. pauls churchyard . an advertisement . gentlemen , you are desired to take notice , that mr. th●ophilus buckworth , who for some years past permitted , and gave directions to his brother mr. edmond buckworth , to make and expose to sale , for the publick good , those so famous lozanges or pectorals , approved for the cure of consumptions , coughs , catarrhs , asthma's , hoarsness , strongness of breath , colds in general , diseases incident to the lungs , and a soveraign antidote against the plague , and all other contagious diseases , and obstructions of the stomach , doth now himself ( being the author and first compounder of them ) make them at his house on mile-end green . and for more convenience of the people , constantly leaveth them sealed up with his coat of arms on the papers , with mr. rich. lowndes ( as formerly ) at the sign of the white lion near the little north door of pauls church , mr. henry seilt over against dunstans church in fleetstreet , mr. william milward at westminster hall-gate , mr. john place at furnivals-inn gate in holborn , and mr. robert horn at the turks-head near the entrance of the royal exchange , booksellers , and no others . this is published to prevent the designs of divers pretenders , who counterfeit the said lozenges to the disparagement of the said gentleman , and great abuse of the people . advertisements . august . . that then there came to the house of mr. william grove of grove , in the parish of wanting , in the county of berks , seven horsmen ( pretending them●elves to be soldiers ) with ho●sters and pistols most of them being in grey sui●s and coats , two of them in sadder colored coates then the other , one of which had no boots , but only white boot hose tops , one of their horses being an iron grey , one other having a br●wn bay mare , but cut-maned and ri●ged , and the others horses being bay , who pretending to search the house for co●●et joyce , and accusing mr. grove of high tre●●● , by vertue of an order ( as they pretended from the lord general robbed the house , and took away threescore and ten pounds in mony , some ●ieces of gol● , and a wedding ring , and afterwards took the said mr. grove and his son , pretending they must have them to london , and carried them towards oxford , into a place called bagly wood , and having them there dismounted them , and took from them a grey mare , of about twelve pounds price , being cut maned , having one jaw thicker , and hanging down somwhat lower then the other , about fourteen hand and a hall high , and one i●on grey g●l● colt , about three years old and a quarter , of about ●en pound price , being a very handsome colt , with bridles and saddles , and about twenty shillings in mony , and bou●d them and left them in the wood i any one shall seize and secure any of the said persons , or the mare and colt so taken away , let them give o● send notice to the said mr grove aforesaid , or to john coombes at the windmill in st. pauls-church-yard , and t●ey shall be well rewarded . whitehall . his majesty was pleased to confer the honor of knighthood on lieu. colonel john jackson of harraton in the county of durham , as a present mark of his royal favor for his loyal services and sufferings in the wars . westminster . col. francis windham ( who so nobly held out dunster-castle for his majesty ) being lately chosen burgess for milburn port in the county of somerset , now sits in the house of commons ; and among all those hundreds of members that fit there , not any hath served his majesty with more fidelity and success than that gentleman , especially at such times when others forsook him , and his majesty had most need of friends , which we need not tell you was in his majesties great and wonderful escape after the battel at worcester . and since we mention escapes , we cannot forget the noble and valiant lord inchequin , who on friday last the . instant , came to london to finish his redemption from the turkish slavery , where his son is left as pledge till his ransom be accomplish'd . his excellency the duke of albemarle hath reinforc'd his late order to the commissary-general of the musters and his deputies , to take care that no officers or soldiers be mustered in any dead place , or any other way vacant . edenbrough august . m●jor g●neral morgan ( in pursuance of his excellencies orders ) with eight companies of his regiment , is removed from haly-rood house in edenbrough ( a place famous for the king of scotlands wonted m●nsion ) to leith cittadel : lieut. col. joseph w●●tar , his lieut. col. commands sterling castle with two companies of the major generals regiment . orders are sent to seven companies of col. daniels regiment to march to a●re in place of col. robsons . two companies of col. daniels regiment , and two of col. mau's are sent to st. johnstons , commanded by lieut. col. richardson . and by this time i presume you desire to know how many garrisons and strong holds of scotland are reserved in the possession of the english : which are , the cittadel of leith . the cittadel of st. johnstons . the cittadel of ayre . the cittadel of innerness . sterling castle . dunbarton castle . dunstafnal castle , and dower castle . the earl of glencarne now lord chancellor of scotland is expected here at ediuburgh to morrow , and is to be attended hither very honorably , many persons of quality citizens and others to a very great number being already gone to meet him . to this news from edinburgh we may adde , that general middleton is made his majesties commissioner . lord craford lindsey treasurer . earl of cassiles justice general . earl of lauderdale , principal secretary of state . sir john fietcher , his majesties advocate . sir archibold primrose , clerk register . mr. gilbert stuart , lion king at arms . since those excepted out of the act of oblivion , who were committed to the tower on saturday last , having sate as judges on his late majesty , these following ( who also were such judges ) are sent to the same place , viz. sir hardress waller sir james temple col. scroope col. george fleetwood alderman tichburn mr. garland mr. heveningham col. owen row col. harvey col. potter . mr. mayne mr. millington . his majesty this day aug. . went to the parliament , and gave his royal assent to these five acts , viz. . an act for confirmation of judicial proceedings . . an act for restraining the taking of excessive usury . . an act for a perpetual anniversary thanksgiving on the of may ( the day of his majesties nativity and restauration . ) . an act of free and general pardon , indempnity and oblivion . . an act for a speedy provision of money to pay off and disband all the forces of the kingdome both by sea and land , ( commonly called , the act for poll-money . ) his majesty in memory of that great service done to the crown in the days of his royal father , as well as since his majesty began his reign by that wise and most honourable personage earl of southampton , hath made his lordship lord high treasurer of england . 〈…〉 die jovis, . decembr. . an order of the lords and commons assembled in parliament concerning all officers and soldiers that have served the parliament under the command and pay of particular committees. england and wales. parliament. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) die jovis, . decembr. . an order of the lords and commons assembled in parliament concerning all officers and soldiers that have served the parliament under the command and pay of particular committees. england and wales. parliament. sheet ([ ] p.) printed for edw. husband, printer to the honble house of commons, london : febr. . [ ] order to print dated: . febr. [i.e. ]. signed: h:elsynge, cler. parl. d. com. with engraved border. first line of text ends: assem-. reproductions of the originals in the harvard university library (early english books), and the british library (thomason tracts). eng soldiers -- great britain -- salaries, etc. -- early works to . great britain -- history -- civil war, - -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no die jovis, . decembr. . an order of the lords and commons assembled in parliament, concerning all officers and soldiers that have serv england and wales. parliament. a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion die jovis , . decembr . . an order of the lords and commons assembled in parliament , concerning all officers and soldiers that have served the parliament under the command and pay of particular committees . ordered by the lords and commons assembled in parliament , that the demands and pretences of all officers and soldiers that have served the parliament in any counties and garisons where they have been under the command and pay of particular committees , their accompts be made up with those committees for their actual service according to musters ; which committees are to deduct upon their several accompts , all free-quarters , horse , arms , money and goods with which such officers and soldiers can be charged ; which accompts so stated , the said respective committees of such several counties shall cause to be paid out of such moneys as they have or shall raise by power and authority of ordinances of parliament enabling them thereunto : and that all such officers and soldiers are hereby commanded to forbear their coming up to the city of london under pretences of stating their accompts here , but are to repair to the committees of the respective counties . die iovis , . febr. . ordered by the commons assembled in parliament , that this order be forthwith printed and published ; and that the members of this house that serve for the several counties , cities and boroughs , do send them into the several places for which they serve . h : elsynge , cler. parl. d. com. london , printed for edw. husband , printer to the honble house of commons . febr. . by the king. a proclamation to restrain the spreading of false news, and licentious talking of matters of state and government. england and wales. sovereign ( - : charles ii) approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). b wing c estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. b ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) by the king. a proclamation to restrain the spreading of false news, and licentious talking of matters of state and government. england and wales. sovereign ( - : charles ii) charles ii, king of england, - . sheet ([ ] p.) [s.n.], edinburgh : re-printed in the year, . caption title. royal arms at head of text; initial letter. dated at end: given at our court at whitehall, the th day of june, in the th year of our reign. . reproduction of the original in the national library of scotland. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng seditious libel -- great britain -- early works to . great britain -- politics and government -- - -- sources. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion c r honi soit qvi mal y pense royal blazon or coat of arms by the king. a proclamation to restrain the spreading of false news , and licentious talking of matters of state and government . charles r. whereas by the antient laws and satutes of this realm , great and heavy penalties are inflicted upon all such as shall be found to be spreaders of false news , or promoters of any malicious slanders and calumnies in their ordinary and common discourses , and by a late statute made in the thirteenth year of his majesties reign , whosoever shall utter or publish any words , or things to incite and stir up the people to hatred or dislike of the person of his majesty , or the establisht government , is thereby made uncapable of holding any office or imployment whatsoever either in church or state. notwithstanding all which laws and statutes , there have been of late more bold and licentious discourses then formerly ; and men have assumed to themselves a liberty , not only in coffee-houses , but in other places and meetings , both publick and private , to censure and defame the proceedings of state , by speaking evil of things they understand not , and endeavouring to create and nourish an universal jealousie and dissatisfaction in the minds of all his majesties good subjects : his majesty considering therefore that offences of this nature , cannot proceed from want or ignorance of laws to restrain and punish them , but must of necessity proceed from the restlesse malice of some , whose seditious ends and aims are already too well known , or from the carelesse demeanour of others , who presume too much upon his majesties accustomed clemency and goodnesse , hath thought fit by advice of his council , to publish this his royal proclamation ; and doth hereby forewarn , and straitly command all his loving subjects , of what state or condition soever they be , from the highest to the lowest , that they presume not henceforth by writing or speaking , to vtter or publish any false news or reports , or to intermeddle with the affairs of state and government , or with the persons of any his majesties counsellours or ministers , in their common and ordinary discourses , as they will answer the contrary at their utmost perils . and because all bold and irreverent speeches touching matters of this high nature are punishable , not onely in the speakers , but in the hearers also , unlesse they do speedily reveal the same unto some of his majesties privy council , or some other his majesties judges or justices of the peace within the space of four and twenty hours next after such ●ords spoken . therefore that all men may be left without excuse , who shall not hereafter contain them●●elves within that modest and dutiful regard which becomes them , his majesty doth further declare , that he will proceed with all severity , against all manner of persons who shall use any bold or unlawful speeches of this nature , or be present at any coffee-house , or other publick or private meeting where such speeches are used , without revealing the same in due time , his majesty being resolved to suppresse this unlawful and undutiful kind of discourse , by a most strict and exemplary punishment of all such offenders as shall be hereafter discovered . given at our court at whitehall , the th day of june , in the th year of our reign , . god save the king . edinbvrgh , re-printed in the year , . by the king, a proclamation for a general fast throughout the realm of england england and wales. sovereign ( - : charles ii) approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing c estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) by the king, a proclamation for a general fast throughout the realm of england england and wales. sovereign ( - : charles ii) charles ii, king of england, - . england and wales. privy council. broadside. printed by john bill and christopher barker ..., london : [i.e. ] "given at our court at whitehal, the eighth day of january, in the thirteenth year of our reign." reproduction of original in the huntington library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng fasts and feasts -- england. great britain -- history -- charles ii, - . great britain -- politics and government -- - . - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion royal blazon or coat of arms c r honi soit qvi mal y pense diev et mon droit by the king. a proclamation for a general fast throughout the realm of england . charles r. the kings most excellent majesty , taking into his pious and princely consideration , the present unreasonableness of the weather , whereupon it may be justly feared , scarcity and famine , sicknesses and diseases will ensue , if almighty god of his great clemency be not mercifully pleased to avert those iudgements and punishments which our many and manifold sins and provocations have most justly deserved , hath , out of his own religious disposition , resolved , and hereby doth command a general and publique fast to be kept throughout this whole kingdom , in such manner as hereafter is directed and prescribed , that so both prince and people , even the whole kingdom , as one man , may send up their prayers and supplications to almighty god , to divert those iudgements which the sins of this land have worthily deserved , and to send us such seasonable weather , whereby the fruits of the earth may be duely received , and sicknesses and contagious diseases ( so justly feared ) be prevented . and to the end so religious an exercise may be performed with all decency and uniformity , his majesty doth hereby ( by and with the advice of his privy council publish and declare to all his loving subjets , and doth straitly charge and command , that on wednesday next , being the fifteenth of this instant january , this fast be religiously and solemnly observed and celebrated in the cities of london and westminster , burrough of southwark , and other places adjacent , wherein his majesty in his royal person , and with his royal family and houshold , will give example to the rest of his people . and that on wednesday the two and twentieth day of the same moneth of january , the like be kept and duely observed throughout the rest of this whole realm of england , and dominion of wales ; and that the same be reverently and decently performed by all his loving subjects , as they tender the favour of almighty god , and would avoid his just indignation against this land , and upon pain of such punishment as his majesty can justly inflict upon all such as shall contemn or neglect so religious and necessary a work. given at our court at whitehal , this eighth day of january , in the thirteenth year of our reign . god save the king. london , printed by john bill and christopher barker , printers to the kings most excellent majesty , . die veneris, ̊septembr, ordered by the parliament, that the lord commissioners of the great-seal of england do consider how the engagement may be tendred to all persons in any cities, towns or counties within england or wales, who are willing to take the engagement ... england and wales. parliament. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing e a). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e a estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) die veneris, ̊septembr, ordered by the parliament, that the lord commissioners of the great-seal of england do consider how the engagement may be tendred to all persons in any cities, towns or counties within england or wales, who are willing to take the engagement ... england and wales. parliament. sheet ([ ] p.). printed by edward husband and john field ..., london : . signed: hen. scobell, cleric. parliamenti. reproduction of original in: harvard law school library. eng great britain -- history -- commonwealth and protectorate, - . great britain -- politics and government -- - . broadsides -- england -- th century. a r (wing e a). civilwar no die veneris, ⁰ septembr. . ordered by the parliament, that the lords commissioners of the great-seal of england do consider how the eng england and wales. parliament a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion die veneris , o septembr . . ordered by the parliament , that the lords commissioners of the great-seal of england do consider how the engagement may be tendred to all persons in any cities , towns or counties within england or wales , who are willing to take the engagement : and that the said lords commissioners be authorized and required to nominate and appoint fit persons in the several counties , cities , towns or places to take such subscriptions , in such sort as they had formerly power to do by the act , the time thereby limited being elapsed , and to cause returns to be made thereof according to the said act , by such times as they shall appoint . hen : scobell , cleric . parliamenti . london , printed by edward husband and john field , printers to the parliament of england , . by the king, a proclamation prohibiting the assessing collecting or paying any weekly taxes, and seizing or sequestring the rents or estates of our good subjects, by colour of any orders or pretended ordinances of one or both houses of parliament england and wales. sovereign ( - : charles i) this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing c ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing c estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) by the king, a proclamation prohibiting the assessing collecting or paying any weekly taxes, and seizing or sequestring the rents or estates of our good subjects, by colour of any orders or pretended ordinances of one or both houses of parliament england and wales. sovereign ( - : charles i) charles i, king of england, - . broadside. by leonard lichfield ..., printed at oxford : . "given at our court at oxford, the seventh day of aprill, in the nineteenth yeare of our raigne." reproduction of original in the harvard university library. eng great britain -- history -- civil war, - . great britain -- politics and government -- - . a r (wing c ). civilwar no by the king. a proclamation prohibiting the assessing collecting or paying any weekly taxes, and seizing or sequestring the rents or estates england and wales. sovereign d the rate of defects per , words puts this text in the d category of texts with between and defects per , words. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion c r honi soit qvi mal y pense royal blazon or coat of arms by the king . ¶ a proclamation prohibiting the assessing collecting or paying any weekly taxes ▪ and seizing or sequestring the rents or estates of our good subiects , by colour of any orders or pretended ordinances of one or both houses of parliament . whereas divers orders or pretended ordinances have been contrived in the name of one or both houses of parliament for taxing our subjects and leavying monyes to support the rebellion ; all which and all other waies of imposing upon our people to whatsoever intent or purpose , without our royall assent are cleerly unlawfull , and unwarrantable , and so by severall proclamations and otherwise have beene declared by vs , and we do hereby declare the same unto all our good subiects ; and in particular by our proclamation of the eight of march last , we did forbid ( amongst other things ) the assessing . collecting , and paying the weekly taxe imposed upon our good subiects , and their estates by one of the said pretended orders or ordinances ( which in three months exceedeth the svmme of the great subsidie of l. ) and neverthelesse we are given to understand the same is forceably levyed , and by colour thereof diverse of our good subiects imprisoned , and destrained , and great violence , spoyle , rapine and plundering committed upon them , and their estates in diverse counties and places of this our kingdome ; and that by another pretended ordinance , the whole estates reall & personall of diverse of our subiects most of them not named , but described , and distinguished by marks of loyalty , are ordained to be seized & sequestred for maintaining a warr against vs , and their tenants discharged of their rents , and protected against forfeitures penalties , and dammage with other clauses importing power to dissolve contracts , and make and marre lawes at pleasure , which we are informed is also endeavoured to be executed ; and all which ( whatsoever is pretended ) do tend apparantly to the destruction of vs and our posterity , ( whose lives have been attempted to be taken away ) the subversion of the established protestant religion the lawes of the land and the liberties and propertyes of our subjects , and the utter ruine of our whole kingdoms . we do therefore strictly charge and command all our loving subiects whatsoever not to submit to the said pretended orders & ordinances , or any of them , or to the weekly taxes imposed as aforesaid , or to any such seisures or sequestratious as aforesaid nor to presume to be assistant thereunto , by assessing , taxing , levying by distresse , or otherwise or collecting any such weekly taxes or making any such seisures or sequestrations , or by information or procureing books of accompt , or rentalls or by any other wayes or meanes giving any intelligence of any such estates reall or personall , or values thereof , but to their utmost power to resist all such acts of iniustice & violence . and we do hereby command the tenants & debtors of all our subjects , whose estates are intended to be seised & sequestred to pay their rents and debts to their landlords & creditors , notwithstanding such seisure or sequestration . and we do farther prohibit all person , as well aliens as denizens that they presume not to intermedle in the buying , receaving disposing the goods or cattell of any of our subjects , that shall be seised , sequestred , distrained , or taken from them by pretence of the said orders , or ordinances for such weekly taxes , or such seisures or sequestrations as aforesaid , or otherwise plundered . all which doth tend to the aid , and assistance of a warre against vs , which by the known lawes of the land are acts of high treason ; and we do declare , and publish ▪ that to adhere to our enemies giving them aid and comfort , is high treason nominally declared by the statute of the . of edward the d● and that we intend to give order for seizing the estates of such as shall rebelliously disobey vs herein , to the intent they may remaine in safe custody , untill the offenders can be brought to legall tryall , which shall speedily proceed as they shall be apprehended , and delivered into the hands of justice ; and we do hereby will and command , the tenants and debtors of those , who shall execute , or be a assisting unto , or shall voluntarily submit unto the said orders or ordinances for the said weekly taxes , or such seizures , or sequestrations as aforesaid , that they not only forbear to pay their rents , or debts , but detain the same towards the maintenance of the peace of the counties , and reparation of such as have suffered by the violence of the army in rebellion against vs : such course being already taken against such as have according to their allegiance assisted vs ; and as we have declared , that whosoever should loose his life in this our defence , the wardship of his heire should be granted by vs , without rent or fine so on the other side , we doe publish and declare , that whosoever shall excecute or be assisting to , or voluntarily shall submit unto the said orders , or ordinances shall receive no benefit by our instructions of grace , but we will be fully answered to the utmost which shall be due to vs by law , and dispose of such wardships as shall seeme best to vs , willing and commanding all sheriffes , majors , bailiffes , iustices of peace constables , and other our officers , and loveing subjects whatsoever , upon their allegiance , and the severest pa●nes that by the law may be inflicted upon them , not only to obey and observe carefully these our commands , but to be aiding and assisting to the utmost of their power , to all such persons as shall require their assistance or protection in this behalfe and to resist and repell by force of a●mes , all such as shall oppose this our legall command . and our will and command is , that this our proclamation be read in all church●● and chappells in this our kingdom . given at our court at oxford , the seventh day of aprill , in the nineteenth yeare of our raigne . god save the king . printed at o●ford by leonard lichfield , printer to the university . . his majesties most gracious speech to both houses of parliament, on tuesday the seventh day of november, england and wales. sovereign ( - : william and mary) approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing w estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) his majesties most gracious speech to both houses of parliament, on tuesday the seventh day of november, england and wales. sovereign ( - : william and mary) william iii, king of england, - . sheet ([ ] p.). re-printed by the successors of andrew anderson, printers to their most excellent majesties, edinburgh : . a speech calling for an increase in the armed forces. reproduction of original in the british library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng great britain -- history -- william and mary, - . great britain -- politics and government -- - . broadsides -- england -- th century. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - robyn anspach sampled and proofread - robyn anspach text and markup reviewed and edited - pfs batch review (qc) and xml conversion his majesties most gracious speech to both houses of parliament , on tuesday the seventh day of november , . i am always glad to meet you here , and i could heartily wish that our satisfaction were not lessened at present by reflecting upon the disadvantages we have received this year at land , and the miscarriages in our affairs at sea. i think it is evident , that the former was only occasioned by the great number of our enemies , which exceeded ours in all places ; for what relates to the latter , which has brought so great a disgrace upon the nation , i have resented it extremely , and as i will take care , that those who have not done their duty , shall be punished , so i am resolved to use my utmost endeavours , that our power at sea may be rightly managed for the future . and it will well deserve your consideration , whether we are not defective both in the number of our shipping , and in proper ports to the westward , for the better annoying our enemies , and protecting our trade , which is so essential to the welfare of this kingdom . my lords and gentlemen , i am very sensible of the good affection wherewith you have always assisted me , to support the charges of this war , which have been very great , and yet i am perswaded that the experience of this summer is sufficient to convince us all , that to arrive at a good end of it , there will be a necessity of encreasing our forces both by sea and land the next year . our allies have resolved to add to theirs , and i will not doubt , but you will have such regard to the present exigency , as that you will give me a suitable supply to enable me to do the like . i must therefore earnestly recommend it to you , gentlemen of the house of commons , to take such timely resolution , as that your supplies may be effectual , and our preparations so forward , as will be necessary both for the security and the honour of the nation . edinburgh , re-printed by the successors of andrew anderson , printers to their most excellent majesties , . an indictment against england because of her selfe-murdering divisions: together vvith an exhortation to an england-preserving vnity and concord. presented in a sermon preached before the right honourable house of lords in the abby church at westminster; at the late solemne fast, december . . by edmund calamy, b.d. and pastour of aldermanbury in london. calamy, edmund, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing c thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) an indictment against england because of her selfe-murdering divisions: together vvith an exhortation to an england-preserving vnity and concord. presented in a sermon preached before the right honourable house of lords in the abby church at westminster; at the late solemne fast, december . . by edmund calamy, b.d. and pastour of aldermanbury in london. calamy, edmund, - . [ ], , [ ] p. printed by i. l. for christopher meredith, at the sign of the crane in pauls church-yard, london : . the first leaf bears an order to print. most running titles read: a sermon to the right honorable house of lords, at the monethly fast, decemb. . . reproduction of the original in the british library. eng bible. -- n.t. -- matthew xii, -- sermons. fast-day sermons -- th century. sects -- england -- sermons -- early works to . great britain -- politics and government -- - -- sermons -- early works to . a r (thomason e _ ). civilwar no an indictment against england because of her selfe-murdering divisions:: together vvith an exhortation to an england-preserving vnity and c calamy, edmund d the rate of defects per , words puts this text in the d category of texts with between and defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - john latta sampled and proofread - john latta text and markup reviewed and edited - pfs batch review (qc) and xml conversion die jovis . decemb. . it is this day ordered by the lords in parliament assembled , that the house doth hereby give thanks to master calamy for his great pains taken in the sermon he preached on wednesday the . of this instant december , in the abby church westminster , it being the day of the monethly fast . and this house doth desire him to print and publish the same . and lastly , it is ordered , that none shall print or publish his said sermon without being authorised so to doe under the hand of the said master calamy . io. browne cler. parlamentorum . i doe appoint christopher meredith , to print this sermon , and no man else . edmund calamy . an indictment against england becavse of her selfemvrdering divisions : together vvith an exhortation to an england-preserving vnity and concord . presented in a sermon preached before the right honourable house of lords in the abby church at westminster ; at the late solemne fast , december . . by edmund calamy , b. d. and pastour of aldermanbury in london . cyprian . pacem ecclesiae martyrio praeferimus . peius est scindere ecclesiam quam sacrificare idolo . london , printed by i. l. for christopher meredith , at the sign of the crane in pauls church-yard . . to the right honovrable hovse of lords assembled in parliament . the differences and divisions of england at this day are so many , so great , and so destructive to church and state , as that it cannot but be accounted a transcendent act of piety and charitie for any man to endevour according to his place to compose the one , and remove the other . but though this worke be very excellent , yet it is also very dangerous to him that shall undertake it . for it is often found , that he that will step into reconcile two parties that are a fighting , doth prove the party against which both of them will fight . or if not both , yet alwaies the party that doth the wrong will be a bitter enemie to him that would make up the breach . and therefore it is expressely said , act. . , . that when moses saw two of his brethren striving one aagainst the other , and stept in to set them at one , saying , sirs , ye are brethren , why wrong ye one another ? he that did his neighbour the wrong thrust him away , saying , who made thee a ruler and a judge over us ? but yet notwithstanding , happy is that man whom god shall make any wayes instrumentall to the bringing in of a holy and blessed peace into this distressed iland , though with the losse of his owne life . famous is the example of gregory nazianzen , who was bishop of constantinople , eminent for learning and piety : and yet when he saw a prevailing faction endevouring to choose another into his place , and that it would much disturbe the peace of the citie if he did not yeeld it up ; he brake out into this speech : absit , inquit , ut mei causâ aliqua simultas oriatur in dei sacerdotibus . si propter me est ista tempestas , tollite , & mittite me in mare , & desinet à vobis quassatio . god forbid that for my cause any difference should arise amongst the ministers of god : if this tempest be raised for my cause , take me , & throw me into the sea that so the tempest may cease . a sentence worthy to be written in letters of gold , and to be put in practise by every true hearted englishman . the like we read of codrus a heathen king , who for the love of his people exposed himselfe to death . and of curtius , and of three decii that devoted themselves to ruine for the safetie of their countrey . the booke of god tels us of moses that was willing to have his name blotted out of the booke of life : and of paul that was willing to be an anathema , that so god might be reconciled to the people of israel with whom he was displeased . but the greatest example of all is of our lord and blessed saviour , who emptied himselfe of his divinitie , and became a servant , and a curse , that he might become our peace-maker . much to this purpose is said in the insuing sermon , which is now made publique by your commands . something also is said to keep up your spirits from being over-dismaied at the consideration of these land-destroying divisions . great are the searchings and tremblings of heart , because of these divisions . but be not over-discouraged : it is gods prerogative to bring light out of darknesse , good out of evill , unitie out of division . he worketh by contrarie meanes as well as by unlikely meanes . he delivered jonah by a whale , and kept him ( as basil saith ) vivus in sepulchro . he raised joseph by casting him into prison ; he cured the blind man by clay and spittle . and i doubt not but he will bring a great deale of good at last out of our divisions . it is observable that simeon and levi , that at first were brethren in iniquitie , joyning together to destroy the shechemites , and for this cruel act , as a sutable punishment , were divided in jacob , and scattered in israel , gen. . . yet notwithstanding because afterwards levi was zealous for god against the worshippers of the golden calfe , and did appeare valiantly on gods side , exod. . . god did turne this curse into a blessing , deut. . . for levi was consecrated to teach jacob gods judgement , and israel his law , &c. and the simeonites , as ainsworth observes , were also teachers of the law in the synagogues of jacob ; and the levites in the schooles of the sonnes of israel . this story is written for our consolation . the time was when we dwelt in peace and unity , but then we combined against god and his children ; and for this cause as a just curse , god hath divided us one from another , to the utter ruine one of another . but yet notwithstanding , if you ( right honorable ) will goe on to shew your selves zealous for god and his cause , and to appeare vigorously and faithfully on his side ; god will turne our great curse into a great blessing . and as the dividing of the red sea was made by god a way and meanes to lead the people of israel over into canaan , and to destroy the egyptians : so god will make our divisions in this red sea of bloud , into which we are plunged , a way and meanes to a happy canaan of unitie and peace ; and to the utter ruine of our implacable adversaries . thus he did with the divisions of paul and barnabas , as this sermon relates unto you . onely be couragious for god , and in nothing be terrified at our differences , but make your peace with him , and he at lastwill make us at peace one with another : which is the earnest prayer of your honours spirituall servant , edmund calamy . a sermon preached to the right honourable house of lords on the monethly fast , december . . matth. . . latter end . every kingdome divided against it selfe , is brought to desolation : and every citie or house divided against it selfe , shall not stand . these words are a iust apology of iesus christ , against the uniust accusations and blasphemies of the scribes and pharisees . there was a man brought unto christ that was possessed with a devil that made him dumbe and blind ; and christ healed him , insomuch that the blind and dumbe , both spake and saw ; vers . . this great miracle had three different effects . the common people were astonished and said ; is this the sonne of david ? vers . . his own kindred thought him mad , and sought to lay hold on him , mark . . . but the pharisees when they heard of it , they blasphemously said ; this fellow doth not cast out devils , but by beelzebub the prince of devils . now christ to cleare himselfe from this cursed aspersion brings foure arguments , whereof this in my text is the first . interpreters take much paines to make out the strength of the argument . the summe of what they say is this . it is an argument drawn from the policy and subtiltie of the devill . for if satan cast out satan ( saith christ ) then satan should be divided against himselfe . and if satan should be divided against himselfe , then satan should seek his own ruine . for every kingdome divided against it selfe , is brought to desolation , and every citie or house divided against it selfe shall not stand . but it is incredible to thinke that satan should seeke the ruine of his own kingdome , which he indeavoureth by all means to promote and propagate . and therefore it is certaine , that i do not cast out devils by the power of beelzebub the prince of devils . this is christs first argument . but my purpose is to handle these words , only as they are an intire proposition in themselves ; as they are a generall maxime , written in great characters , not only in the booke of god , but in the booke of nature : and as they are a cleare looking-glasse , in which with sad countenances we may behold the woefull condition that england is in at this present . for these words are the words of iesus christ , who is truth it selfe . every kingdome divided against it selfe is brought to desolation , and every house or citie divided against it selfe cannot stand . and if every kingdome , then the kingdome of england , divided against it selfe is brought to desolation , and if every citie , then the citie of london divided against it selfe shall not stand . in the words themselves , we have two parts . first , christ doth here set down one great cause of the ruine of kingdomes , cities , and families : and that is division against it self . every kingdome divided against it selfe : the word in the greeke is {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , which doth not signifie every little , small division , but such a division , that doth {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , that doth cut a citie in pieces , such a division , when it is {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , when it is intrinsecall to a kingdome , when it is got within the bowels of a kingdome , it is like unto the winde , which when it gets into the bowels of the earth , makes an earth-quake , and blows up towns , and houses , and kingdoms . so doe these divisions , whether ecclesiasticall , or politicall , whether about matters of religion , or of civill government , when they get within a kingdome , they blow up a kingdome , a citie , and a family . secondly , our saviour christ here sets out the greatnesse of the ruine that is caused by these divisions ; and that both intensively , and extensively . first , intensively , and that by two expressions . first , christ here sayes , such a divided kingdome is brought to desolation : the word in the greeke is {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , it is made a wildernesse : though a kingdome in time of peace be as happy as a paradise , division will turne a paradise into a desolate wildernesse : and the words are in the present tense , to show the certaintie of it : it is brought , not it will be brought ; every kingdome divided against it selfe is brought , and it is brought to desolation . divisions doe not onely distemper a kingdome , and make a kingdome diseased , but they are deadly , and fatall to a kingdome , they are like unto a great and wide breach made in the banks to let in the sea , to swallow up a whole kingdome : they are like a breach made in the walles of a citie besieged , that lets in the enemy to take the citie . and then , secondly , christ sayes , such a divided citie shall not stand . christ doth not onely say , it shall reele , and totter ; but he saith expressely , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , it shall not stand : or as it is in the . mark . . it cannot stand ; it must tumble and fall . divisions in a house , are not only like unto the breaking of the windows , or the pulling down of the tyles , which may be done , and yet the house may be safe : but they are like unto a house all on fire , which must necessarily be burnt down if it be not quenched . or like unto a house , when the pillars of it are pull'd down , and the house it selfe falles with it . so is a kingdome , citie , or family , divided against it selfe , it cannot stand , sayes christ , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , mark . . . secondly , our saviour sets out the greatnesse of this ruine by the extension of it ; it is here said , every kingdome divided against it selfe . divisions in a kingdome , are like a sweeping plague , that devoures whole kingdoms , without any distinction . though a kingdome be never so well provided with men , armes , and ammunition , ships , walles , and bulwarks : yet notwithstanding , if divisions get into that citie , and kingdom , they are as a spreading gangrene , that will quickly infect the whole kingdome , and destroy it utterly , be it never so well fortified by sea or land . nay , though there should be a kingdome of saints ; yet notwithstanding , if differences and distractions get within that kingdome , they will prove like the worme that did eate up ionah's gourd in one night ; divisions in a very little space will swallow up , and devoure all the outward happinesse , even of a kingdome of saints . and not only so , but every citie , ( sayes christ ) and every house , though it be never so religious , so honourable , so rich a family ; yet notwithstanding if divisions get into that family , it cannot stand . these divisions , they are like unto the mors in olla , like unto the coloquintida , that spoiled all the pottage ; they are as a poysonfull herbe , that spoiles all the riches and goodnesse of a family : like unto eagles feathers , which ( as some say ) when they are mingled with other feathers , spoile all the feathers they are mingled withall . so doe divisions , contentions , and factions , when they get into a citie , or family , they spoile all the wealth , riches , and honours of that family : for so sayes our saviour christ ; every kingdome divided against it selfe is brought to desolation , and every citie , or house divided against it selfe shall not stand . the words thus explained , will afford us this doctrin . doct. that divisions , whether they be ecclesiasticall , or politicall , in kingdomes , cities , and families , are infallible causes of ruine to kingdomes , cities , and families . this doctrin is proved , not only by the history of the bible ; but by the history of all ages . the kingdome of england is sufficient alone to prove the truth of this doctrin . historians observe , that there was never any great mischiefe fell upon england , but the cause of it was , the divisions that were among them . when caesar first made inrode into britaino , he was called in by the faction of * mandubratius . and tacitus sayes , that all the victories that the romanes got , it was by the factions and divisions that were among the britaines . and afterwards , when the saxons made a conquest of britaine ; vortigern that had got the kingdome by a faction , to maintaine his party , sent for the saxons in , as some say , or at lest imployed them , when , in , to take his part , as others write . but all write , that by this meanes he destroyed himselfe , and the whole kingdome . and so likewise , when the normans made a conquest upon england ; they were invited hither by the factions that were in england . especially , by the faction that the earle goodwin made , and his sonne toustaine , as our historians doe relate . and since the norman conquest , i need not put you in minde of the great effusion of blood that was here in england , all the time of the barons warres : and of the miserable condition of england , when the house of yorke and the house of lancaster rose up one against another . and what shal we say to the desolate and bleeding condition of england , and ireland , at this present ? doth not our forlorne , and miserable estate sufficiently make good this doctrin : that divisions in church and state , are destructive to church and state ? but besides the kingdome of england , i might shew you , how the empire of grecia as long as alexander kept it in unitie flourished in great prosperitie , but after the death of alexander , it was divided into foure parts , and these foure governours destroyed one another by divisions . i might also instance in the empire of rome , assoone as ever it was divided by constantine into two parts , from that very time ( as sigonius relates ) the romane empire , which before that was very strong and potent , began first secretly to grow weake , and afterwards to decay , till at last it came to utter destruction . i might instance also in the people of the iewes , as long as they were as a citie united within it selfe in davids and solomons time , so long they did exceedingly flourish ; but as soone as ever they were divided into ten tribes , and two tribes , they presently began to warre one against another , and to open the doore to foraine invasions ; till at last they were all of them utterly ruinated . famous is the story of the citie of ierusalem , when it was besieged by titus vespasian , iosephus tels us it had three mightie factions in the very bowels of it : the chiefe of which factions were iehochanan , eleazar , schimeon . and that these three factions did kill more then the enemie himselfe ; and were the cause of the taking of that famous citie . the like is reported of the famous citie of constantinople , when it was taken by the turks , &c. but let us a little consider the reasons why divisions are so fatall and destructive to kingdomes , cities , and families . the first reason is , because that these intestine divisions they destroy all those things that are as walls , and bulwarks to preserve a nation from ruine . as for example : first , divisions destroy the peace of a kingdome : now there is nothing that preserves a kingdome more then peace : and therefore the hebrewes comprehended all blessings under the name of peace . heaven it selfe , it is nothing but tranquillitas pacis ; what is god , but the god of peace ? and what is christ , but the prince of peace ? and therefore , as * that cardinall made his embleme , a beach tree , with this motto : take off the top and it is the ruine of all the rest : for such is the nature of the beach tree , that if you cut the top off , the tree presently withers : such may be the motto of every kingdome : take off the top , and it is the ruine of all the rest : take away peace , and you destroy a kingdome . the truth is , there is no outward blessing , is a reall blessing where peace is wanting : your estates , your honors , are no blessings , if you have not peace to enjoy them . and therefore , as the artificer carved his owne name into the buckler of minerva so exactly , that whosoever should undertake to pick out his name , must necessarily spoile the buckler : so it is with peace , peace is so woven into the prosperitie of a kingdome , that whatsoever destroyes peace , must needs destroy a kingdome . now division takes away peace , and therefore division ruines a kingdome . and then secondly , division takes away the vnitie of a kingdome ; now vnitie is the great preserver of church and state : it is the great preserver of all bodies , both naturall , politicall , artificiall , and theologicall . what is that , that keeps the fabrick of heaven from dissolving into pieces , but the vnitie and the agreement of the discordant elements ? what keeps this great fabrick here from falling , but the vnion and conjunction of the parts of it ? stones ioyned together make a building , but stones uncemented , destroy and overthrow a building : boards ioyned together make a ship , disioytned make a ship-wrack . what keeps the body of a man in health , but the just proportion and harmonie of every part ? the members of the body divided from the head are presently destroyed : the branches divided from the vine receive no joyce , no sap , no vertue : every thing is preserved by unitie and concord . lords and commons united save a kingdome : divided make shipwrack of a kingdome . the church of christ at first , when the bloud of christ was yet warme , was at unitie within it selfe , and all with one accord praysing and serving god , and then it flourished exceedingly . the church was then like a pure virgin attended with all the graces of gods spirit as with so many hand-maides . but afterwards when it fell into divisions it lost her virginity , and all her hand-maids forsook her . for this is true both in philosophy and in divinitie , omne divisible est corruptibile : whatsoever is divisible , is corruptible . and the like i say of concord , love and friendship , which are nothing else but unitie in affection : these are the glew that soders ; these are the nerves and sinewes that joyne a kingdome together . and therefore the apostle saith , above all things put on love which is the bond of perfection : it is a bond to joyne kingdomes , and cities , and families together . and therefore , whatsoever breakes this bond of kingdomes in pieces , must needs devoure and destroy kingdomes . but divisions doe this . for they are like a caterpiller to devoure all peace , unitie , love , friendship , and concord , which are the great supporters of kingdomes . they are like unto the great plague of the locusts that devoured all the greene things in the land of egypt : there is nothing that is good in a nation , nothing that is greene and flourishing in a nation , but division and contention will destroy it . and therefore divisions must needs be destructive to kingdomes . this is the first reason : and then secondly : as divisions take away all those things that are the buttresses to uphold a nation : so on the other side , they open a doore to all kinds of misery ; they bring in myriads of evils into a kingdome : they are like unto pandora's box , which when it was once opened , out flied all kind of sicknesses and diseases : as for example : first , where intestine divisions dwell , there dwels strife and envie ; and where envie and strife is , there is confusion and every evill worke , i am . . . secondly , divisions open a doore to let in a foraine enemie : and it is a free and miraculous mercy that god hath kept out the french , and the spaniard , and the danes from invading england in these times of our divisions . and then thirdly , divisions weaken a kingdome , and make it unable to resist a foraine enemie , if he should come in : for divide a citie , and so many divisions you make , so much you take away from the strength of that citie . let five men joyne together to beare a burden , and they will beare it with ease : but if three of those five shall divide from the other two , the burden will sinke the other two . vis vnita fortior , strength conjoyned is a great deale stronger ; strength divided is weakened ; counsels divided are weakened ; men divided are weakened : but then fourthly , and especially , divisions set a kingdome against it selfe , so sayes my text , every kingdome divided against it selfe : divisions make the father to fight against the child ▪ and the child to fight against the father : divisions set the husband against the wife , and the wife against the husband : divisions make us to be our own hangmen , our owne executioners . divisions make us viper like to eat out the bowels one of another . divisions make us to sheath our swords in our owne bowels . as god caused the midianites to destroy one another : so these divisions set a kingdome against it selfe ; they set a man against himselfe ; a citie against it selfe , to destroy it selfe , : in a word , that i may expresse all misery in one phrase : divisions bring in civill warres , which of all warres are most uncivill . there are three iron whips with which god doth whip man-kind , when it grows monstrous in iniquitie ; the plague , sword and famine , which tertullian cals tonsur as insolentis humani generis , the loppings and prunings of man-kind when they grow ranke in iniquitie . of those three plagues warre is the greatest . and therefore when the prophet put david to his trilemma , he chose the plague , rather then the sword , or famine , and beseecheth with great earnestnesse : let me not fall into the hands of man . of all judgements warre is the greatest , which for the most part is attended with famine and plague . but of all warres no warre so mischievous as civill warre , for these reasons . first , because there is no warre so unnatur all as civill warre : for in civill warre , the father fights against the child , and the friend against the friend , and the brother against the brother . secondly , there is no warre so cruell as civill warre : and therefore you shall observe , that the hagarens , and the ammonites , and the moabites , and the edomites , were the greatest enemies that the people of israel had : now these were of the kindred of the people of israel ; the hatred of brethren is most bitter when they fall out : you have an example of this in the . of iudg. . the people of israel , they went to fight against their brethren , and when they had conquered them they did not onely kill every man they met withall , but they kild every beast that they met withall , and they kild every thing that came to hand : it is a strange expression , to shew the crueltie of civill warre : and you know how the bloud-thirstie cavalieres , at oxford , doe hunger and thirst to drinke cups full of the bloud of the round-heads ( as they call us ) . thirdly , these warres , they are most treacherous ; no warre so treacherous as civill warre , for there will alwaies be false brethren , that will labour to betray their brethren into the hands of the enemie , for it is a warre amongst brethren ; and these are the times wherein we may take up the complaint of ieremy , ier. . , , , . and wherein we had need follow the example of mica . . , . fourthly , and lastly , these wars of all wars are most uncomfortable . and therefore you shall read that when the people of israel had overcome the beniamites , in stead of rejoycing for the victory , they all fell a weeping because of their brethren that were slaine , iudg. . . these are the reasons why civill warres are the worst of wars . but of all civill wars that ever were , none so wicked , none so mischievous as the civill warres of england . of all the arrowes that are in the quiver of gods iudgements , there is no arrow so sharpe , so keene , as this arrow that god now shoots out against england . for there is a generation of men risen up amongst us that fight against the parliament whom they themselves did choose , and intrust with their lawes , liberties , and religion . men that fight against a reformation : that fight themselves into popery , slavery , and beggery . that joyne with the papists of england , and popish rebels of ireland to fight ( as they say ) for the protestant religion . that fight for their liberties against the parliament , the great and onely conservator of their liberties . that call god to record that they intend nothing but the preservation of the protestant religion , and of the liberties of the people , and yet endeavour by all treachery and bloudy ways to subvert religion and liberties . that god should suffer such multitudes of men to be so farre drunke with error , and to be so farre blinded with prejudice , this is a judgement of all judgements most superlative . now all these are the fruits of our divisions , and therefore certainely , iesus christ might well say , or if christ had not said it , our owne experience would have taught us the truth of this text : every kingdome divided against it selfe is brought to desolation , and every house , and every citie divided against it selfe shall not stand . this is all that i shall say for the explication of the doctrine . but now ( through the blessing of god ) i shall come to the application . if intrinsecall divisions he so destructive to the kingdome , let us weepe and mourne before the lord this day , at the consideration of the sad condition that england is in at this present . this day is a day of weeping and mourning : and i shall present a subject before you that will move you to teares if there be any bowels of compassion in you , and to say as ieremie . . let mine eyes runne downe with teares night and day , and let them not cease , for the virgin daughter of my people is broken with a great breach , with a very grievous blow . and if a tender and dutifull child cannot without great mourning and lamentation behold his mother rent and torne in pieces by wild beasts ; surely it will be most unnaturall in us who are the sonnes and daughters of england , to heare of the divisions and distractions of england with dry eyes , and hard hearts . it is reported of cato , that from the time that the civill warres began in rome betweene caesar and pompey , he was never seene to laugh , or to wash his face , or to shave his beard , or cut his haire . this example will rise up in judgement against many of us who are so unaffected and insensible of the great and unexpressible calamities of poore england , once a pleasant paradise , but now a howling wildernesse . if divisions destroy a nation , it is a miracle of mercy that england is yet a nation : for our divisions are multiplied exceedingly . our times run all upon divisions , and subdivisions . we may say of england , as austin of africa , that it is divided in minutula frustula , it is crumbled into very little little pieces . i will bring them all into two heads . . our divisions from god . . our divisions one from another . first , our divisions from god , by our most grievous sinnes and iniquities . for as smoake driveth bees out of their hives , so doth sinne drive god away from a kingdome . and there is nothing that makes god forsake a kingdome but sinne . isaiah . . your iniquities have separated between you and your god , and your sins have hid his face from you , that he will not heare . now there is no nation under heaven , that hath divided it selfe more from god by sinne then england hath . there was a time when the parliament of england made a whip with six strings to whip many godly people to death . this was in h. the eighths dayes . there was a time when the parliament of england did solemnly upon their knees abiure the gospell , and desire reconciliation with antichrist . this was done in q. maries dayes ; after which followed the bloody persecution by the lawes then established . and though these lawes were afterwards repealed ▪ yet how often have we apostatized from god since that time ? and even at this very day , though there be much talke of reformation ; yet ( alas ) there was never lesse practise of reformation . our churches indeed are reformed , but our hearts and lives are no whit reformed . our high altars are taken down , but our high mindes are not taken down . the worship of god is purer , but the worshippers are as impure as ever . we have no bowing to the name of jesus , no bowing to altars , images , and crucifixes . there is lesse knee-idolatry ; but i feare me , we have as much heart-idolatry as ever , as much covetousnesse , as much trusting to an arme of flesh as ever . and though our idolatry be lesse , yet adulteries , and fornications , were never more , i cannot say punished , but i must rather say , never more committed , and never lesse punished . doe not men boast of their adulteries , and yet escape unpunished ? it is a mercy of god , that scandalous ministers are thrust out of their livings . but i beseech you tell me , is there a law to punish a scandalous minister ; and is there no law to punish a scandalous gentleman , and a lord also if he grow scandalous ? shall the cheap-side crosse be taken down ( wherein you have done well ; ) and shall your cheapside iniquities , your cheapside adulteries yet remaine ? it is a mercy , that we are freed from the tyranny and crueltie of the high commission , and star-chamber . but i am sure , there is as much complaint ; i doe not say , as iust complaint ; but as much complaint , of oppression and iniustice in the parliament-committees in the counties ; as ever there was of the star-chamber , or high commission . we live in times wherein there was never more iudging of others , and never lesse iudging of our selves . we live in the sadest dayes that ever england saw , and yet what aboundance of pride is there in apparell ? what lustfull fashions , even in these bloody dayes ? what securitie in sinne , even whilest the ship of the kingdome is sinking ? what deadnesse of heart ? what coldnesse and formality in gods worship ? what unthankfulnesse ? what unfruitfulnesse , &c. indeed here is much fasting , but little weeping . never more murmuring , more censuring , & never lesse reforming , then in these dayes , even in these dayes of reformation . and shall we not weep bitterly before the lord this day for these sinnes ? these are the sinnes that divide a nation from god . and if god once forsake a nation , it is left in a desperate condition . for as the trojans when they lost their palladium , were presently vanquished : so when a nation hath lost gods favour , it sinks into ruine irrecoverably and presently . but secondly , let us mourne this day also for our divisions one from another ; and first for our state-divisions , and then for our church-divisions . first , let us mourne for the divisions of the commonwealth . is it not a sad thing to see the head rent from the members ; and that that head that should be a preserver of the body , is now , by ill counsell , a destroyer of his body ? that , that head , that should be like a head of gold , is now , through ill counsell , made a head of iron , to crush its own body in pieces ? oh! let us mourne for this , this day . and then let us mourne for the rent that is amongst the members . is if not a sad thing to see the members rent and torne one from the other ? nobleman against nobleman , gentleman against gentleman , citizen against citizen ; father against sonne , and sonne against father , &c. and that which england never saw till this day , a pretended oxford parliament , against a true westminster parliament ? and especially , let us bemoane , and bewaile the divisions that are amongst our selves here at home : that we that are all ingaged in the same cause , and in the same covenant , and that are under the same condemnation , under the unjust charge of rebellion , that there should be such differences , and such divisions amongst us , even amongst us , whose heart doth not bleed to thinke of it ? that though hannibal ad portas , yet the senators of rome should be at difference amongst themselves ; the lords should divide from the commons , and the commons from the lords , whilest the enemy is seeking to destroy both lords and commons ? but above all , let us bemoane the divisions that are in the church about matters of religion . for * constantine saith well , that the dissentions of the church are more terrible and more pernicious then any civill warre . and these are exceedingly increased amongst us especially in the famous citie of london . one saith , i am of paul ; another saith , i am of apollos ; a third saith , i am of cephas . some are antinomians , that is , patrons of free vice , under the maske of free grace . some are anabaptists , that say , that the condition of an infant of a beleeving parent , is as sad and miserable as the condition of an infant of a turke or infidell : and one of them was not ashamed to say , that it is as lawfull to baptize a cat or a dog , as an infant of a christian parent . some are brownists , that say , that all our ministery is antichristian , and our worship , and churches antichristian . some are of no church at all , beleeving all churches to be falsely constituted , and therefore refuse to joyne with any church in the worship of god , and waite till god raise up apostles to plant new churches . some beleeve that the soule dyeth with the body , and that both shall rise againe at the last day . others begin to say , they beleeve that the soule is mortall , as well as the body , and that there is no resurrection , neither of soule or body . some plead for an illimited toleration of all religions . it would see me a wonder , if i should reckon how many separated congregations , or rather segregations there are in the citie : what churches against churches , &c. but i forbeare . the lord knows , that i mention these things with a sad heart , and that i doe not hereby intend to exasperate your lordships against the persons that hold these opinions , above what the word of god doth clearely require at your hands ; or to uncover any nakednesse of our deare mother that was unknown before , but onely to present before you our sad and miserable condition ; that thereby you may be quickned unto prayer , stirred up to humiliation in a day of fasting and weeping , and also provoked to use all scripture helps for the suppression of these distractions . for great and wonderfull are the mischiefes that proceed from these church-divisions ▪ give me leave to mention a few of them . first , hereby gods name is exceedingly dishonoured , and the true religion ill spoken of . iulian that cursed apostate , railes against the christians in his dayes , and saith of them , that they lived together as so many dogs and beares , rending and tearing one another : and addes , who then would be so simple as to become a christian ? the very heathen in their interludes scoffed at the divisions that were amongst the christians ( as the histories of the primitive times informe us ) to the great disgrace of christian religion . and i wish this might not also be verified of our dayes . secondly , hereby the happy reformation that all good people expect and long for , is much hindered . for as the building of babel was hindered by the confusion of tongues , so is the building of sion also . for every man drives his owne private way of reformation , and strives to hinder all other wayes that are opposite to his way . it is with us in england , as it was with the suiters in plutarch , who because they could not all of them obtaine the virgin they sued for , agreed to cut her in pieces , and every one to take a bit of her . we are all suiters for a reformation , and because we cannot get such a one as may please every man , hence come our divisions ; by which what doe we else but agree together to cut the kingdome in pieces and every man to take his morsell ? epiphanius tels a sad story of meletius , and peter bishop of alexandria , both confessors of the christian faith , both of them condemned ad metalla , for their profession , who upon a small difference fell into so great a schisme , that they drew a partition betweene each other in the prison , and would not held communion in the same worship of christ , for which notwithstanding they joyntly suffered ; which dissention of theirs did cause such a rent and sect in the members of the church , that it did more hurt then any persecution of the enemie . iust so is our condition : for we are here in london , and in the associated counties , shut up as in a prison , ( for we dare not travell beyond our line ) and whilest we are in prison we draw partitions one from another , and separate from one another , whilest we are all suffering for the same cause . and this hinders reformation more then all that the enemie can doe to obstruct it . thirdly , hereby the good cause we fight for is exceedingly disparaged . for doe we not heare the enemie boasting and saying , these are the men that cry downe prelacy : you see they can agree in nothing but in anarchie and confusion ! are there not many that beginne to grow weary of these warres , and cold in the prosecution of the parliaments most just cause , even for this very reason , because they know not amongst so many religions ( as they call them ) for what religion they fight ? fourthly , hereby the enemie is much encouraged . his hope of conquering is built upon our divisions . and therefore he doth as medea did , who when she fled a way with iason , and was pursued by her father , tooke her brother absyrtus , and cut him in pieces , and scattered him in the way that she fled in , that so her father might be busied in taking up the scattered pieces of his sonne , and she in the meane time flie securely a way . even so doe our enemies labour to cut us in pieces by our divisions , ( for the enemie hath a chiefe stroke in our divisions ) that they in the meane time may securely study our ruine , while we are gathering up our divided parties . fifthly , hereby the hearts of people are mightily distracted , many are hindered from conversion , and even the godly themselves have lost much of the power of godlinesse in their lives . i say , the hearts of people mightily disturbed , while one minister preacheth one thing as a truth of the gospel , and another minister preacheth the quite contrary with as much confidence as the former . and thus , as optatus saith , inter licet tuum & non licet meum nutant & remigant animae christianorum . while one minister saith i , and another saith no , the common peoples minds are mightily distracted . and many also are hindred from conversion . for who will venture into a ship that is tossed with contrary waves , and ready to sinke ? and even the godly themselves are much decayed in the studie and practise of faith and repentance , and of the power of godlinesse . for all their time is so much taken up with unnecessary disputations , as that they have little leasure to repent , and to study to increase in holinesse . inter disputandum religio amittitur . the truth is , here is so much dispute about the government of christ in our churches , as that there is little of christs government in our hearts or houses . so much dispute about the gathering of churches , as that there were never fewer gathered really to the church then in these our dayes . sixthly , by these divisions godly ministers are mightily discouraged : in so much as there are many that grow weary of their standings in gods church , and beginne to thinke of leaving their places , and of going to live in private , and to shut themselves up in their studies , ( as luther was once counselled ) and to cry , domine miserere nostri . seventhly , hereby a doore is opened to all kind of atheisme : for doe not our profane men begin to say , we know not of what religion to be , and therefore we will be of no religion . if we hold of such , others will condemne us , and if we hold of them , others also will condemne us ; and therefore we will rather stand neuters , and professe no religion at all ? eighthly , hereby god is necessitated to prolong our warres : for all the bloud-thirstie cavaliers are but as so many shepherds dogs sent out by god to gather his sheep together . gods people are now as sheepe scattered one from the other to the reproach of religion , and dishonour of god ; and god hath sent the enemy as his dog to call them all together , and till this be fully accomplished these dogs will not be taken off . ninthly , these divisions open a wide doore to the utter ruine and destruction of the kingdome . for they bring in deadly hatred above the hatred that is caused by civill dissentions ; even such a hatred that bursteth asunder the very bonds of nature it selfe , as christ foretels , ioh. . . they shall kill you , and thinke they doe therein god good service . what abominable hatred was there between the iew and the samaritane ; in so much as that the woman of samaria wondered that christ would aske a little water of her that was a samaritane ? from this hatred followeth , excommunications , anathematizations , &c. and from thence to fire and fagot , and to as exquisite torments as the wit or malice of men could invent . witnesse the tenne persecutions . witnesse the spanish inquisition . witnesse the parisian massacre of the protestants upon bartholomew eve . witnesse queene maries bloudy dayes . witnesse the divisions of the greeke churches betweene the {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} and {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , and divers others of that kind ( pezelius reckons tenne ) which divisions first brought in the saracens , and afterwards the turks , who are the great scourge of christendome to this day . these and many more are the mischiefes that arise from our divisions about matters of religion . and therefore if there be any bowels of compassion in us towards a poore bleeding , dying kingdome , let us weepe before the lord this day ; and wish that our heads were fountaines , that we might mourne continually for the virgin daughter of england . let there be great thoughts of heart for the divisions of our reuben . it is reported of certaine young debauched gentlemen that were swaggering in a taverne in the market-place , while the citie wherein they dwelt was in great calamitie ; and one of them putting his head crowned with a garland out of the window , was espied by the magistrates of that citie , whom when they saw , they caused him to be beheaded because he was so insensible of the publique danger . a famous story for our times . the lord make us more apprehensive of englands miseries in a spirituall way . and let us also this day admire the mercy of god that we are not yet consumed notwithstanding our manifold divisions . and let us expect certaine ruine and destruction , if these divisions continue . the word of christ must be true . a kingdome divided against it selfe cannot stand . england is tottering , and it will fall if these divisions last ; and the fall thereof will be great . and therefore let us prepare for desolation , and provide an arke of safety for our selves by faith in iesus christ : a kingdome that cannot be shaken ; an house made without hands , eternall in the heavens . if divisions be so destructive to kingdomes , cities , and families ? this reproveth those that are the authours and fomenters of these divisions that are now amongst us . these are the incendiaries of england . if he that sets one house on fire deserveth hanging , much more they that set a whole kingdome on fire . if he that murders one man must be put to death , much more he that murders three kingdomes . marke them ( saith the apostle , rom. . . ) that cause divisions and offences contrary to the doctrine which ye have learned , and avoid them . avoid them as the greatest enemies of england . these are like the salamander that cannot live but in the fire of contention . these are of a iesuiticall spirit . and no doubt the heads , and hands of the iesuits are in all our divisions . there are seven things , saith solomon , prov. . . which are an abomination to the lord : and the seventh and last , and not the least , is he that soweth discord among brethren ; but much more he that soweth discord amongst three kingdomes . and if it was a signe of the false mother to desire to have the child divided ; much more is it a signe of an unnaturall and cruell child to endevour to divide his mother in pieces . more particularly here are two sorts to be reproved . first , such as sow divisions betweene the king and his people . that labour to keepe up and to increase the wals of partition betweene them . these are the sanballats and tobiah's that tell the king that the parliament are rebels , that they seeke his life , and would uncrowne him and his posteritie , and bring in anarchy and confusion . these are they that tell the king , ( as rhehum the chancellour , and shimshai the scribe wrote to artaxerxes , concerning ierusalem , ezra . . ) that the citie of london is a rebellious and bad citie ; hurtfull to kings , and hath alwaies moved sedition , &c. these give the king this motto , divide et impera . but these are without my reach , and therefore i shall speake no more of them . secondly , and especially such incendiaries and fire-brands that kindle the fire of contention amongst our selves at home : and these are of two sorts . first , such as are absolutely false-hearted , and have made their peace at oxford ; and are here at westminster onely to cast in bones of contention , to divide our counsels , and to worke factions amongst us . these are men hardened in sinne , and there is little hope of reclaiming them . these build their houses upon the bloud of three kingdomes . these are the iudasses of england ; and it were just with god to give them the portion of iudas . secondly , such as are discontented , though not false-hearted ; and through discontent and dislike of the proceedings of parliament do much hurt , and create many factions amongst us . these discontented persons are like pieces of soft wax , ready to carry any impression that the adverse party shall stampe upon them . these are of three sorts . first , such as are discontented out of pride and covetousnesse , because they cannot get those places of profit and honour which they expect ; and because they have not that credit and repute amongst the people that others have : hereupon they come to dislike the publique proceedings and to make parties and factions . there were many such in the primitive church that turned heretiques , because they could not obtaine the preferment they stood for . these men seeke themselves and not the publique . these are not common-wealths men , but private-wealths men : these seeke their owne belly , and because they cannot have a cabbin so richly furnished as they desire , therefore they endevour to drown the ship wherein their cabbin is . these are like those that will set an house on fire to rost an ●gge . marke what the apostle saith of these , rom. . . they that are such serve not our lord iesus christ , but their owne belly ; and by good words and faire speeches deceive the hearts of the simple . a second sort are such as are discontented out of a blind zeale ; such as differ from us in opinion , and because they begin to perceive , that if matters of religion were once settled , their wayes of worshipping god would be discountenanced , therefore they labour to put all things into confusion , and to hinder a settlement as much as they can ; that so in the meane time , their numbers may increase . for as toads and serpents grow in darke and dirtie sellars , so doe sects , errors , and heresies grow in times of distraction and confusion . these are the men that desire to fish in troubled waters , because they can catch most fish in troubled waters . these are like unto sanballat and tobiah , &c. who foresaw that if the temple were once rebuilt , that then their way of worship upon mount gerizin would be contemned , and therefore they laboured to cast bitter aspersions upon the workmen , they laid heavy things to their charge , and used all kinds of policy to obstruct the temple-worke they had in hand . iust so doe these men cast bitter aspersions upon the assembly of ministers , and upon every parliament man that opposeth their way , and labour by all meanes to hinder their proceedings ; because they foresee that if by their advise , matters of religion were once established , their wayes and opinions would be presently disgusted . it is very observable , that all the severall sects amongst us , though they differ one from another , yet they all agree together in their opposition against the assembly of ministers as their greatest enemies . iust as we read in the psalme , of ten nations , differing one from another in religion , place and customes , and yet all of them confederating against the people of god . nicephorus telles us , that the meletiani and ariani , did at first much disagree , not onely in opinions , but in affections ; but afterwards when they saw the orthodoxe party increase so mightily , as that it was likely to swallow both of them up , they joyned together in a firme league to oppose the orthodox party ( though still differing one from the other ) insomuch that in processe of time , the meletiani were called ariani , and the ariani , meletiani . so also in africa . the rogatianist , maximinianists , and donatists joyned together as sampsons foxes not in one opinion , but in a league of friendship for a while , that they might make up the greater number against the orthodox party . and is not this the practise of our times ? doe not anabaptists , brownists , antinomians , agree together in opposing the assembly of ministers , and in independency from all superiour ecclesiasticall government , without the bounds of a particular congregation . a third sort are such as are discontented , and thereupon disturbe our peace by way of revenge ; that lye under iealousies and suspitions ( whether just or unjust i dispute not ) and cannot regaine their credit , and therefore labour to cast a blame upon all others , and bring as many as they can into the same condemnation with themselves . iust like the foxe in the fable , that had his taile cut off , and therefore perswaded all other foxes to cut off their tailes , telling them it was an uncomely thing for a foxe to have a taile . even so doe these men . because they lye under suspicion themselves , therefore they would perswade others also , that they are under the like suspition , that thereby they might make them discontented , as they themselves are . and thereby the building of the temple is much hindred , publique affaires disturbed , and the poore ship of england ready to sinke under the burden . now all these sorts of men are sharply to be reproved , every man according to his degree of guiltinesse . these are the devils agents . for it is the proper worke of the devill to divide god from men , men from god , and one man from another . and as it is a worke of the devill , so it will bring us to the devill , if we repent not of it . if divisions be so fatall and destructure to kingdomes , cities , and families . oh let us all be intreated according to our severall places , to contribute what help we can possible to the healing of our divisions , and to the bringing in peace , love , vnitie and concord amongst us . oh that god would make me his instrument this day , to raise up your hearts to the obedience of this duty . first , let us labour to be at peace with the kings maiesty , as farre as is possible , and may be obtained , salvâ conscientiâ . let us not onely pray for peace , but follow after peace , and if it flies from us , let us pursue it . i remember what i have read of calvin , that he should say ; that he would willingly travell over many seas , to see one vniforme draught of religion , wherein all protestants might agree . and who would not willingly sacrifice up his life to the fire to see king and parliament throughly agreed ? to see a holy , safe , and well-grounded peace made ? i say , a holy well ▪ grounded peace . for there are some amongst us , that are like the gadarens , that preferre their hogs before christ and his cause ; that wish more for the settlement of their trading , then of their religion . these are swines not christians . there are others as bad that desire a peace upon any termes , though with the losse of libertie and religion . iust like the israelites , that would needs have quailes . but while the meat was yet in their mouthes , the wrath of god came upon them . he that desires peace without respect to religion , the plague of god will goe along with that peace . there is a double peace . first , a treacherous peace . such as shall betray us into popery , tyranny , and slavery ; such as was made with the protestants in france , a london ▪ massacring peace . such as the israelites made with the cananites , which was a perpetuall thorne and snare unto them . such as ahab made with benhadad . this is a land-devouring , and a religion-destroying peace . this is to betray christ as iudas did with a kisse of peace . secondly , a holy , safe , well-grounded peace . and cursed is the man that is an enemy to such a peace . my prayer is ; that god would make our king a melchisedeck , who was king of righteousnesse , and king of peace . that righteousnesse and peace may kisse each other in his dayes . that this may be added upon the kings coine . henricus rosas , regna jacobus , populum carolus . and here let me crave leave humbly to beseech your lordships , that in this treatie that is shortly to begin , you would make religion your iewell , and peace as your golden ring , on which it may be put . to make peace your boxe of alablaster . and reformation the precious oyntment within it . to make peace as the gold , and religion as the temple that sanctifieth the gold . happy is the people that is in such a case . happy england if once it comes to sing the angels song . glory be to god on high , in earth peace . and yet let me forewarne you also , not to trust too much to treaties , and overtures of peace , david had a sonne whose name he called absolom , which in hebrew signifieth a father of peace ▪ david promised to himselfe great felicitie in that childe . but he proved a father of warre and misery to his father . say not . this treatie will be an absolom , for feare it prove an absolom in a contrary sense as absolom himselfe did . it is very fatall , that in the midst of our treaties , there have alwayes been great plots to destroy us , as we see verified at this day . secondly , but that which i especially ayme at this day , is to perswade you that are here present , to be at peace and unitie amongst your selves , and to ioyne together against the common enemy . but most of all you that are earles , lords , and gentlemen of ranke and qualitie . for the greater the persons are that disagree , the more is the hurt that is done by their disagreement . as in a house , if the master and mistresse agree the house will stand and subsist , though the inferiour servants fall out one with the other . so if the lords and commons unite together the citie and kingdome will stand , though there should be many divisions amongst the common people . and therefore it is your dutie above others ( right honourable ) to follow after those things that make for * peace , vnitie and concord , to be ambitious of peace as you are exhorted , thess. . . to speake the truth in love . * eph. . . and to love in the truth . * epist. of iohn vers . now that your hearts and affections may be fully wrought up , to make it your chiefe designe to practise this dutie . i shall use these ensuing motives and arguments . first , consider how pathetically and emphatically , the holy apostle perswades all gods people to the practise of this dutie . i will name but two texts . cor. . . now i beseech you brethren , by the name of our lord iesus christ , that ye all speake the same thing , and that there be no divisions among you , but that ye be perfectly ioyned together in the same minde , and in the same iudgement , phil. . , . if there be therefore any consolation in christ , if any comfort of love , if any fellowship of the spirit , if any bowels and mercies ; fulfill ye my ioy , that ye be like minded having the same love , being of one accord , of one minde , &c. secondly , consider what excellent arguments the apostle useth , ephes. . , , , . endevouring to keepe the unitie of the spirit in the bond of peace . there is one body , and one spirit , even as you are called in one hope of your calling . one lord , one faith , one baptisme , one god , &c. these are omnipotent arguments . if one god , and one lord , and one body , &c. shall not his children be one ? and afterwards , vers. , , . the apostle tels us . that when christ ascended up to heaven , he gave some to be apostles , some prophets , some evangelists , some pastors , and teachers for the perfecting of the saints , &c. till we all come to the unitie of the faith , &c. christs intendment in appointing a ministery in his church was not onely to bring his people to veritie , but also to the unitie of the faith . this is the great worke of a minister , to bring his people to unitie as well as veritie . thirdly , consider what a horrible sinne it is to divide one from another , and to be at hatred and variance one with another . this is a worke of the flesh , gal. . , , . where it is observable that the apostle reckons up seven synonymicall expressions to set out the greatnesse of this sin . the works of the flesh are hatred , variance , emulation , wrath , strife , sedition , envyings ; of the which i told you before , as i have also told you in time past , that they which doe such things shall not inherit the kingdome of god . this sin alone unrepented on will shut a man out of heaven . therefore it is said , revel. . . without are dogs . this sinne alone makes thee unsit to come to the sacrament , mat. . . this sinne alone makes god abhorre our fasting-dayes , isa. . . behold , ye fast for strife and debate , &c. this sinne alone turnes our prayers into curses : for when thou prayest unto god , forgive us our trespasses , as we forgive them that trespas against us , if thou beest in malice and hatred with thy brother , thou prayest unto god not to forgive thee thy trespasses . notable is the speech of cyprian , peius est seindere ecclesiam quam sacrificare idolo , schisme in the church is a greater sinne then idolatry . austin saith , it is a greater sinne then heresie . and this ( saith he ) god himselfe declared when he punished corah and his company that were schismatiques with a greater punishment then ever he punished idolaters or heretiques : quis iam dubitaverit hoc esse scelaratius commissum , quod est gravius vindicatum . fourthly , consider the wofull mischiefes that are brought into church and state by these our divisions . if all the iesuites in the christian world ; if all the devils in hell should joyne together , to devise a way to undoe the parliament , and the good cause they manage , they could not invent a readier way then by dividing you one from another at this time . this makes you to fight against your selves , to murder your selves ; your cause , your religion , and to murder all that adhere unto you . hereby god is dishonoured , reformation hindered , religion discredited , the good cause disliked , the enemie strengthened ; you are weakened , your counsels disturbed , the warre prolonged , the power of godlinesse abated , &c. as hath beene formerly mentioned . hereby we are all tantum non , destroyed , and destroyed we must be if our breaches be not made up . for if we bite and devoure one another , we shall be consumed one of another , gal. . . famous is the story of menenius agrippa , who , when the people of rome had divided themselver from the senate of rome , came to the people and told them an apologue of the members of the body , how they did once conspire together against the belly , because that the belly did live idlely , & devoure all the meat that the hands did work forand feet walke for , &c. and therefore they agreed together to starve the belly . the hands refused to work for to feed it ; the mouth refused to take in meat ; the feet refused to goe to fetch it , &c. but within a very little while the members of the body saw their errour : for the feet began to grow feeble and unable to walke ; the hands grew weake ; the whole man sick : and then they understood that the belly was not idle ; but that it conveyed the nourishment it received to every part of the body : and hereupon they all agreed to joyne together to provide for the belly as well as for themselves . this fable reconciled the people , and senators of rome . this fable teacheth us , that divisions in the body naturall , and so also in the body politique , are ruinating and destructive to the body . and the truth is , all the hope the enemy hath , is in our divisions ; herein he boasteth , and glorieth : there is nothing that strengthens their designes at oxford so much : nothing that puts so much courage and resolution into the hearts of our adversaries , as the divisions that are amongst us . this is the argument melancton used to perswade the divided protestants of his time to peace and unity ; and he illustrateth his argument by a notable parable of the wolves and the dogs , who were marching on-ward to fight one against another . the wolves that they might know the strength of their adversary , sent forth a master-wolfe as their scout : the scout returnes and tels the wolves , that indeed the dogs were more in number , but yet they should not be discouraged : for he observed , that the dogs were not one like another ; a few mastives there were ; but the most were little curres , which could onely barke but not bite , and would be afraid of their owne shadow . another thing also he observed which should much encourage them , and that was , that the dogs did march as if they were more offended with themselves then with us ; not keeping their ranks , but grinning , and snarling , and biting ; and sometimes tearing each other , as if they would save us a labour . and therefore let us march on resolutely , for our enemies , are their owne enemies ; enemies to themselves , and their owne peace ; they bite and devoure each other , and therefore we shall certainly devoure them . i need not make any application of this parable . there is nothing that more heartens our enemies , and disheartens our friends , then our divisions . fourthly , consider the great happinesse that would accrue to church and state , if we were united together against the common enemy . if all the saints upon earth , and angels in heaven should study to find out a way to save england from ruine , they could not find out a readier way , then by uniting us together at this time . england is an iland divided from all the world ; and if it were not divided within it selfe , it need not feare all the world . if london were as a city at unity within it selfe , what could destroy it ? did we all doe as the israelites did , iudg. . . they all arose as one man , &c. and as ioshua . . how quickly would these wars ( through gods blessing ) be at end ? what an honour would it be to the cause we fight for ; to the reformation we pray for ; the religion we professe ; to the god we worship , if we did with united strength pursue these things ? how should we support and helpe one another , et portantem portare , as the cranes do one another in the manner of their flying . i must not here forget to mind you of that known story of scillurus that had eighty sonnes , and when he was dying he called them all before him , and presented them with a bundle of speares , and bad them try whether they could breake that bundle ; and they tryed , but were not able . afterwards he puls out one javelin out of the bundle , and bade them break that , which they easily did ; and so a second , and a third , till they had broken them all . intimating thereby , that unity in families , and compacted strength is the bond that preserves the whole family ; and wheresoever this bond is broken , that family is quickly destroyed . the like story doth salust tell of one micypsa , who when he was dying called his sonnes and caused them to write this sentence in golden letters : concordiâ parvae res crescunt , discordiâ magnae dilabuntur . oh that god would give us hearts to spiritualize these stories ! fifthly , consider the late nationall covenant you have taken , wherein you have lifted up your hands to the most high god , and have sworne to study unitie and conformitie in religion , &c. and to endeavour according to your places , to extirpate heresie , schisme , &c. i know not how it is come to passe , but sure i am , our divisions are greater since we took this covenant then before . and sure i am that god will call us to a strict account for this grievous sinne of periurie . and if ever england perish by these wars , this shall be englands motto : here lyeth a nation that hath broken covenant with god , and therefore is this great evill come upon her . and therefore i beseech you , be mindfull of your covenant ; and remember it is not the taking , but the keeping of covenant that prevailes with god . and if he shall be shut out of heaven that keepes not his promise , though it be to his hurt , psal. . . much more he that keeps not his oath , when it is for his good . sixthly , consider further , that our enemies that fight against us agree together : herod and pilate are made friends , and joyne together to put christ to death . the herodians and the pharisees , though dissenting one from another , yet both agree against christ , mar. ● . . the herodians were courtiers , and sought to bring in tyranny ; the pharisees were popular , and sought to maintaine the peoples liberties ; and yet they both joyned together against christ . thus did the sadduces and pharisees also . thus act. . . the epicures and stoiques combine against paul . shall iudas conspire with the pharisees and sadduces to betray christ ? and shall the disciples of christ fall out amongst themselves ? shall paul and barnabas divide one from another ? god forbid ! shall the irish rebels , the oxford lords and gentlemen , the english papists , and the english bishops : the protestants at large , and the seduced people all agree together like sampsons foxes with firebrands at their tayles to burne three kingdomes ? and shall not we agree together to save three kingdomes ? shall the lions , bearee , tygers , wolves , lambes and sheepe , &c. that were shut up in the arke , agree together while they were in the arke ? ( for we doe not read that they did hurt one another all that while ) and shall not we that are shut up here , in london , and in a few associated counties as in an arke , agree together to preserve one another from a deluge of waters that is drowning us all ▪ though we should differ in some few things one from another ? seventhly , consider the very heathen how carefull they have beene to maintaine unitie and peace in times of publique danger , and how carefull to lay aside all private quarrels . i will instance onely in the speech of aristides to themistocles . plutarch tels us , that from their very childhoods they did differ one from the other , and never could agree . but when a common enemy came against them , then aristides comes by night to themistocles , and saith unto him , si sapimus , omissâ tandem iuvenili et inani concertatione , contentionem de servanda graecia salubrem honestamque suscipiamus , &c. let us leave all youthly contentions , and tend unanimously to the publique good . oh that this counsell might take impression in the hearts of us christians at this time . eightly , consider further , how that the very devils in hell agree to promote their owne kingdome . if satan be divided against satan ( saith christ ) how can his kngdome stand ? and my text is brought ( as i have said ) as an argument to prove that christ did not cast out devils by the power of belzebub , because then satan should be divided against himselfe , and seeke his own ruine which he will never doe . there is peace amongst the devils in hell . and certainly there cannot be better musicke to the divels in hell , then to see the parliament divided against it selfe ; and the city divided against it selfe ; and the godly ministers divided against themselves at such a time as this is . ninthly , and especially , 〈◊〉 lord iesus christ who is the great peacemaker , who came into the world when all the world was at peace ; at whose birth the angels sang , glory to god on high , and in earth peace : who when he was dying left a legasie of peace to his people , and gave his disciples a new commandement , to love one another : ( which was therefore called a new commandement , because it was inforced with a new example ; even the example of christs love to us ) who when he made that admirable prayer , iohn . the chiefe part of it was , that god would make his children one , as he and the father were one . and he gives the reason of it , vers. . that the world may beleeve that then hast sent me . the world will not beleeve in christ when they see christians disagree . nothing hinders men from beleeving in christ more then the differences and divisions of those that doe beleeve in christ . it is an excellent observation of athanasius : that the very manner of christs death doth preach the doctrine of vnitie and love to christians . for christ was not sawen asunder as the prophet isaiah was . he was not beheaded as iohn baptist was . there was not a bone of his broken , nor any whit of his garment rent or torne . and all this to teach christians ( saith he ) to be at unitie within themselves . was not a bone of christ broken upon the crosse , and shall all his members breake in pieces now he is in heaven ? was his garment kept whole , and shall his body be rent and torne in pieces ? this is pauls argument to perswade the divided corinthians to peace and vnitie , cor. . . is christ divided ? and why are christians divided if christ were not divided ? why doth one say , i am of paul ; another , i am of apollo ; another , i am of cephas , &c. and therefore if you be christians live in love and unitie , as the disciples of iesus christ , that so the world may beleeve in christ . oh that these motives might take deepe rooting in your affections : and that every one in his place would labour after peace and vnitie . that you that are magistrates and iustices , would bind your selves to the peace ! it is no discredit in this sense to be bound to the peace . you are called iustices of the peace , not because you should hold your peace when god would have you to speake ; but because it is your dutie to make peace , and to keep peace . let all godly ministers preach up the duty of brotherly love , which is quite forgotten amongst most christians . it is a dutie quite dead and buried ; let us labour that it may have a speedy resurrection . the apostle saith , thes. . . as touching brotherly love ye need not that i write unto you &c. but we ministers , now a dayes , need to write and preach of no duty more then this . and then let all ministers and people , pray for the peace of ierusalem , and give the lord no rest untill he make england and ireland , a praise in the earth . let us pray for peace , and fight for peace , and contribute our money willingly for a peace . for indeed , all our fighting , and all our vast expences , are but as wayes and meanes to a safe and well grounded peace . let us fight for peace , with peace one towards another . and let us not complaine and murmur at the greatnesse of our contributions ; but remember the story of the old covetous miser that hung himselfe to save charges ; and his man comming in unawares and seeing his master a hanging , cut the rope in pieces and thereby saved his masters life . the master being recovered , instead of thanking his man , fell a chiding of him because he cut the rope in pieces , and so did put him to the charges of a new rope : whereas he should rather have untied it , then cut it . this man , you will say , did little deserve to have his life saved . iust such is our condition . our cruell enemies are ready to devoure and destroy us . all that the parliament doth , is to cut the rope in pieces with which they would hang us . and if we be put to more then ordinary charge , let us not grumble at those expences which are the preservation of our lives . that man is unworthy to live , that murmurs to lay out a little money to save his life . but here i must put in three caveats , & beseech you in the first place , to remember that when i speake so much for unity , i would also have you to remember that vnum & verum convertuntur . that unity without veriy , is not a true peace , but a conspiracy . omnis concordia in veritate . vnity ioyned with falshood is execrable adulterie , saith cyprian . when unitie and falshood are married together , it is no lawfull marriage , but execrable adultery . if i cannot have peace with men , but i must lose my peace with god ; farewell peace with men that i may keep my peace with god . one great reason why we have so little peace upon earth , is because we seek after it more then after the glory of god in heaven . you will must remember in the second place , that this vnity that we must labour after , must be in a scripture way . the primitive church for vnity sake , and to prevent schismes , set up one presbyter as a bishop to rule over the rest with maiority of power in iurisdiction and ordination . but this at best was but a humane invention , and it proved an increaser of schisme and division . the papists set up the pope to preserve unitie : but he is the greatest apple of strife the christian world hath . it will be our care to studie to promote a unitie in such a way which the scriptures hold forth , and this will prosper . you must also remember in the third place , that our unitie , peace , and love , as it must be in the truth , so it must be in truth . it must be cordiall and reall . oh , that i could once see all gods people of one lip , as it was before the confusion of tongues , gen. . . that this might be the motto of gods people in england : cor unum , via una , one heart , and one way . that they that shall sing one and the same song in heaven , may agree in the same way of worship here upon earth . excellent was that speech of grynaeus , when he was dying : i am now going ( said he ) to a place ( meaning heaven ) ubi lutherus calvino bene convenit : where luther and calvin agree well together . shall we agree well in heaven , and shall we not agree together upon earth ? god forbid . let us alwaies remember that speech of ioseph his brethren when they were going home to their father , gen . . see that you fall not out by the way . we are all pilgrims , travelling towards our heavenly canaan , to one and the same god and father . oh let us not fall out by the way . and let the two arguments that abraham used to lot , gen. . , . mightily prevaile with us , to make us more ambitious of unitie , peace , and concord , then ever yet we have beene . let there be no strife betweene me and thee , &c. for we are brethren , and the canaanite is in the land . these are two golden allurements : the lord make them effectuall ! i had almost forgotten davids arguments in the . psalme . behold , how good and how pleasant it is , for brethren to live together in unitie . the word behold , is prefixt that so the commendation might take the deeper impression . many things are good which are not pleasant , and many things pleasant , which are not good ; but it is both good and pleasant for brethren to dwell together in unitie . it is like aarons precious oyntment that went downe to the skirts of his garments , &c. it is a communicative mercy that perfumeth whole kingdomes with blessings . it is like the dew of hermon , &c. it makes barren lands fruitfull . it is like the dew upon the mountaines of sion , where the lord commanded the blessing , even life for evermore . but you will say , here are motives and arguments sufficient to perswade any man to the practise of this blessed grace . let us heare some helps and meanes to procure this great mercy , that so our divisions may be healed ; and peace , unitie , and concord may dwell in our land . this is a worke worthy of a god , and none but a god can doe it . it is with us in england , as it was with the women that went early in the morning to the sepulchre , and there they found a great stone , and they said , who shall roll away this stone ? for it is very great . mar. . , . and behold , there was a great earthquake , for the angel of the lord descended from heaven , and came and rolled backe the stone from the doore , and sate upon it . this is our condition . there is a great mountaine of division that obstructs the happinesse of england , and that hinders the lord christ and his kingdome from rising out of the grave of superstition . but who now shall roll away this great stone from the doore of the sepulchre ? i feare it will cost an earth-quake before it be removed . oh that we had faith to remove mountaines ! oh that god would send his angel to roll away this stone ! that god would make the assembly of ministers his angels to take away this great mountaine , that so there may be a resurrection of jesus christ , and his pure worship in all its glory and beautie even in our dayes ! the story of iehosaphat , chron. . . will very well suit with our times : we are in a very great straight as he was ; and what he did , and said , will very well be fit us . let us goe to god by prayer , and say . oh our god , we have no might against this great company that cometh against us . we have no strength to heale our divisions in the church , and in the state , they are so great and so many . we know not what to doe , but our eyes are upon thee . thou that didst find out a way hid from ages and generations , col. . . a way hid from angels and archangels , hid within thy selfe , ephes. . . to save poore undone , fallen , lost man , even by iesus christ . oh find out a way to reconcile king and parliament , to unite thy divided people in the truth ! oh blessed iesu that camest into the world to breake downe the middle wall of partition betweene iew and gentile ; that art the great peace-maker , make up our wide and great breaches , and take away the many wals of partition that divide us one from another . after this manner we must wrastle with god in prayer , and watch thereunto with all perseverance . but besides this generall helpe by prayer ; give me leave to name a few other which are more particular . first , let us labour to make our peace with god , and god will make us at peace one with another . tranquillus deus tranquillut omnia . if god be at peace with thee , he will make the very stones in the street to be at peace with thee ; he will make peace flow downe like a river , and like a mighty streame . when a mans wayes please god , he will even make his enemies to be at peace with him , prov. . . you shall finde in scripture , that when a church , state , or person divided it selfe from god by sinne , god suffered it as a punishment to be divided from it selfe by faction . assoone as ever solomon had forsaken god by idolatry , god presently divided his kingdome from him . and god threateneth ierem. . . that because his people had forsaken him , that therefore he would fill the inhabitants of ierusalem with drunkennesse , and he would dash them one against another , even the fathers and the sonnes together , he would not pity , &c. you shall find also that when a king and kingdome returned to god , then they had peace , and flourished in all outward happinesse , chron ▪ ▪ ▪ , , , , , , . chron. . , , . ▪ and therefore if ever you would cure englands distractions to purpose ; strike at the root and cause of our divisions . let us labour to find out all those sinnes that separate between us and god ; and when you have found them out , you must not deale with them as the parliament doth with their prisoners which they take , using them more kindly and courteously then they were used before they were prisoners : nor as david would have his sonne absolom , concerning whom he gave a strict charge , that they should use him kindly for his sake : but you must doe as the oxford men doe with our prisoners , use them cruelly . doe as ioshua did with the five kings whom first he kept up close prisoners in a cave , and afterwards sent for them , and trod upon their necks , and hung them up before the lord . thus must we deale with our sinnes , and then we shall have peace . for as the lines in a circumference that are drawne to the center , the neerer they are to the center , the neerer they are one to another : so the neerer any men come to god in similitude and likenesse , the neerer they will be ioyned one to another in unitie and love . for if any may say he loveth god and hateth his brother , he is a lier . for he that loveth not his brother whom he hath seene , how can he love god whom he hath not seene ? and this commandement have we from him , that he that loveth god , love his brother also , ioh. . , . secondly , take heed of the land-destroying opinion of those that plead for an illimited toleration of all religions , even of turkisme , iudaisme , &c. the lord keepe us from being poisoned with such an error ! this text riseth up against it . for it will divide a kingdome against it selfe . it will rend it into a thousand pieces . it it a doctrine directly contrary to your late oath and covenant . a doctrine that overthroweth all church-government , bringeth in confusion , and openeth a wide doore unto all irreligion and atheisms . for at the same doore tha all false religious come in , the true religion will quickly get out . and if it be as good for a man to live where nothing is lawfull , as where all things are lawfull : surely it is every way as uncomfortable to live where there are all religions , as where there is no religion at all . thirdly , to heale our divisions , we must labour to be cloathed with the garment of humility : for onely by pride ( saith the wiseman ) cometh contention , prov. . . now there is a double humilitie we must be cloathed withall ; humilitie of iudgement , and humilitie of heart . first , humilitie of iudgement , to thinke that others may know the truth as well as our selves ; to have a low esteeme of our owne understanding : for he that thinketh he knoweth any thing , he knoweth nothing yet as he ought to know , cor. . . and if any man teach otherwise , &c. saith the apostle , tim. . . . he is proud knowing nothing , &c. and therefore let us not be wise in our owne eyes , nor leane to our owne understandings , prov. . . . secondly , humilitie of heart . an humble heart is a peaceable quiet heart . an humble heart will be sensible of the least sinne , much more of this great sinne to distract and destroy the peace of three kingdomes by unnecessary disputations . fourthly , labour for grace to contemne the world and all worldly things . for many times divisions arise out of base covetousnesse . it was the love of the world that divided demas from paul . and therefore it is said , tim. . . that a minister must not be greedie of filthy lucre ; and as if that were not sufficient ; he addes nor covetous . and therefore if you would live in unitie and peace ; take heed and beware of covetousnesse . fifthly , pray for the spirit of meeknesse , patience , long-sufferance ; and for mortified affections . it is one of the ingredients required in a minister , that he should be one that is not soone angry , titus . . and one that is patient , no striker , no brawler , tim. . meeknesse , and patience , and mortification , are necessary ingredients into that medicine that must cure our divided kingdome . for an angry man stirreth up strife , and a furious man aboundeth in transgressions . prov. . . vnmortified affections are the cause of much disturbance in families and cities . and therefore christ saith , mar. . . have salt in your selves , and have peace one with another . this salt is the salt of mortification . we must labour to have our anger mortified ; our love of the world mortified ; our pride mortified ; and this will be a notable meanes to make us at peace one with another . as in the old law , every sacrifice was to be seasoned with salt : so let every man pray for this salt within himselfe to season his unmortified affections , and this will keepe him from putrifying in malice , envie , hatred , &c. sixthly , let all thy private aimes be swallowed up in the publique good . let the cause of iesus christ and his church be dearer to thee then thine owne life ; and this frame of spirit will exceedingly incline thee to all lawfull waies of peace and unitie . remember old ely , and how his heart trembled for the arke of god , sam. . . . he trembled not for the thought of his children , but for the arke ; and assoone as ever mention was made of the taking of the arke , he fell downe and brake his necke : he was not troubled at the mention of the death of his two sonnes , &c. the like we read of his daughter in law , sam. . , , , . the like of nehemiah who was in great prosperitie himselfe , and yet how was he distressed in spirit for the miseries of ierusalem , nehem. . . the like we read of daniel , &c. seventhly , we must nip divisions in the bud , and quench the fire of contention at the beginning . that fire is easily quenched at first , which when it hath once taken possession is not to be quenched . the lord grant it be not laid to our charge , that we have suffered englands distractions to grow to such a height , and have not laboured in our severall places to compose and quiet them . eightly , let us yeeld one to another for peace sake . famous is the example of abraham , and worthy of all imitation , who yeelded his right up to lot , who was his younger and inferiour , for peace sake , gen. . . if thou wilt take the left hand , then i will goe to the right ; or if thou departest to the right hand , then i will goe to the left . ninthly , take heed of groundlesse iealousies and suspicious one of another . this is englands great sinne , and the chiefe cause of many distempers amongst us . we are like unto the children of israel , who when they came first out of egypt did almost deifie moses and aaron , but afterward , assoone as ever they began to meete with straights and difficulties , they began presently to murmur against them , and to call their fidelitie into question ; and to accuse them , as if they had a designe to bring them into the wildernesse to destroy them , exod. . , . iust so doe we . when our armies for our sinnes are justly punished with ill successe , instead of reflecting upon our sinnes , to be troubled for them ; we fall a murmuring against our chiefe commanders , and question their fidelitie ; as if they had a designe to betray us into the enemies hand . i doe not speake this as if i would countenance any commander that is guilty ; or hinder just complaints of , and inquiries after those that are guilty ; or the use of just meanes to be rid of such . but all that i say is : that to fasten uniust suspitions , and groundlesse iealousies , upon those that venture their lives and estates in the common cause , is to be guilty of robbery and murder : it is to steale away and murder their good names , which is as precious as life it selfe : and it is a sinne that god will not pardon unlesse the party that is guilty endeavour to make restitution of his good name , which is a worke not easie to be done . for a mans good name is like a white piece of paper , which if once blotted it will be hard to wipe out that blot so as to leave no print of it behind . a mans good name is like a merchants estate which is long in getting , but is lost in a minute : and when it is lost in the bottome of the sea , how shall it ever be recovered againe ? so is a mans good name . but yet god will accept of our endevours to make restitution if faithfull and industrious . tenthly , to heale our divisions , we must make conscience to silence all our private opinions , and differences . hast thou faith ? ( saith the apostle , rom. . . ) have it to thy selfe before god . doe not disturbe the church of god at this time with thy private faith . indeed if it be a matter absolutely necessary to salvation , it is charitie to acquaint the church of god with it : but if we can be saved without it , this is not a fit time to broach any new opinion . for as elisha said to gehezi , king. . . is this a time to receive money ? &c. so say i : is this a time to trouble england with new opinions ? aulus gellius tels us of certaine men that were in a ship ready to perish by reason of a great tempest , & one of them being a philosopher , fell a asking of many trifling questions : to whom they answered : {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} ; we are perishing , and dost thou trifle ? so say i ; is england a perishing , and is this a time to trouble it with unnecessary disputations ? i doubt not but there will a time come wherein every mans owne opinion shall be heard : but this is a time wherein we should all unite against the common enemy that seekes to devoure us all . for my part , i doe here openly professe , that if i had an opinion disagreeing from that way of reformation which is likely to be set up , and did see that the publishing of it would disturbe the peace of the kingdome , i would doe with it as the mariners did with ionah , i would cast it into the sea rather then increase the tempest by my opinion ; especially at such a time as this is . and i doubt not but every honest man will do the like . lastly , it is your dutie ( right honourable ) whom god hath betrusted with great power , to suppresse these divisions and differences in religion by your civill authoritie , as farre as you are able , lest you be accessary unto them . for god hath made you custodes utriusque tabulae , keepers not of the second table onely , ( as some fondly imagine ) but of the first table also , and not onely keepers , but vindices utriusque tabulae , punishers also of those that transgresse against either of them . for you are the ministers of god for good , and revengers to execute wrath upon him that doth evill . rom. . . and god hath deputed you for the punishment of evill doers , and for the praise of them that doe well . pet. . . there are some that would blot out halfe your commission , and restraine this good and evill to civill good and to evils onely against men . but this is against that generall rule , non est distinguendum ubi lex non distinguit . where the law doth not distinguish , there must not we distinguish . tell me i beseech you , shall it be lawfull for magistrates to punish those that destroy mens bodies , but not those that destroy mens soules ? shall they be blamed for suffering men to draw people away from obedience to the laws of the land and to themselves , and not also for suffering men to draw away people from the truth of the gospel , and from the wayes of god , such as hymenaeus and philetus , who overthrow the faith of some , and their words eate as a canker ? shall christian magistrates take up the maxime of tiberius , deorum iniurias diis curae esse ? let god himselfe take care to vindicate himselfe from injuries committed against god ? as for me , i will ( just like gallio ) take care of none of these things . can christian eares endure such language ? doth not god prophecy , isaiah . . that in the new testament kings shall be our nursing fathers , and queenes our nursing mothers ? and how can a christian magistrate discharge that dutie aright if he hath not power from god to punish those that would poyson the soules of his weake children with heresies , and soul-destroying opinions ? i do not deny , but that there is great wisdome to be observed by magistrates in distinguishing between persons and persons , betweene errors and errors . some persons are pious and peaceable , others turbulent and furious . some errors are such , as subvert the faith , and destroy the power of godlinesse : others are of a lesser nature , which may consist with the power of godlinesse , and with an unitie in the faith . but that which i now speake against , is that unbounded libertie that is pleaded for in divers books lately written , which hold forth this prodigious tenent . that every man is to be suffered to have the libertie of his conscience , be it never so hereticall or idolatricall . this overthroweth all the power of the magistrate in punishing heresie , blasphemy , idolatry , and is contrary to many plaine texts of the * old testament , and to those of the new testament above mentioned . object . will you allow the magistrate to tyrannize over mens consciences . answ. by no meanes . but i beleeve it is the dutie of magistrates to keepe men from infecting their subjects with soule-destroying errors . if thou hast an hereticall opinion , have it to thy selfe , and the magistrate will not ; nay , cannot meddle with thy private conscience . but if thou labourest to infect others with thy grace-destroying opinions . i doubt not but the magistrate is bound to keepe thee from spreading thy infection to the undoing of the souls of his subjects . if he may lawfully shut up a man that hath the plague upon his body , that he may not infect others , why not a man that hath the plague of heresie upon his soule , that so he may not destroy the soules of thousands ? shall a master in a family have power to put away a servant that is tainted with a grosse opinion , and yet not be called a tyrant over that servants conscience ? and shall not the chiefe magistrate of a kingdome have power to put out of his kingdome ( at least to shut up from doing hurt ) one that is his subiect and polluted with blasphemous hereticall idololatricall opinions ? is not the kingdome the magistrates house and family ? but enough of this . these are the meanes that are to be used to cure the miserable distractions of england . the lord give us grace to put them in practise . there is one vse more yet behind , and that is an vse of consolation to the people of god . notwithstanding , all the divisions and distractions that are in the kingdome . this is an alablaster boxe full of precious oyntment , and it consists of foure particulars . . remember for your comfort that there was never any great reformation brought in by godinto a kingdome , but it hath alwaies been attended with divisions and differences in religion . in luthers reformation , how great were the differences between him and calvin ; insomuch , as the reformation was more hindred by their divisions , then by the power and policy of the enemy , and yet notwithstanding , god carryed on the worke of reformation maugre these divisions . in the primitive times , many and great were the divisions of the church and of the ministers thereof ; insomuch , as nazianzen saith , that in his time there were sixe hundred errors in the church ; and in constantines time , the differences between the bishops were so many , that they brought bundles of petitions one against another , which the emperour out of his wonderfull desire of peace would not so much as read , but burnt them all before their faces . how sad was the division between paul and barnabas , and yet god turned it to a good effect . for by that meanes the gospel was the more spread throughout the world ! and therefore let us not be over-discouraged . for these divisions are no new things , and therefore no strange things . . consider for your comfort , magna veritas et praevalebit . truth is a beame of god , the purchase of iesus christ , and it shall prevaile at last . though our divisions and distractions do much weaken us and prorogue our settlement , yet notwithstanding the cause we manage is gods cause , and it shall prevaile at last . as christ iesus rose from the grave in spight of the iewes that rolled a great stone before the doore of the sepulchre to hinder him . so the cause of christ , and the worship and government of christ shall rise and flourish : and there will come a time wherein the church of god shall be glorious here upon earth ; and the motto of it shall be cor unum , via una . one heart , one way . this will come to passe in spight of our divisions . for god hath promised it , ier. . . zeph . . the third comfort is : that antichrist shall downe though he be never so firmely united . the kingdome of the devil shall be destroyed though satan joyne with satan . and though satan will not cast out satan , but is strongly compacted , and as a citie at unitie within it selfe , yet god will cast out satan at last , and his kingdome shall perish . though turke and pope ; though french and spaniard ; though the irish rebels , and english papists and protestants at large should joyn hand in hand & conspire together to overthrow the little flock of iesus christ , yet notwithstanding they doe but kick against pricks . antichrist is fallen , and the poore flock of christ shall be as a burdensome stone unto all people ; all that burden themselves with it shall be cut in pieces , though all the people of the earth be gathered together against it , zach. . . bellarmine makes unitie a signe of a true church . but then there should be a true church amongst the devils ; for where he dwels there is peace . and yet the papists cannot boast much of their unitie . for they have their different sects opposite one to another , and the iesuite to them all . vnitie without verity is a signe of the malignant church , but not of the church of christ . and unitie without veritie , shall not uphold a state . for though hand ioyne in hand the wicked shall not be unpunished , prov. . . lastly , remember in what state and condition the people of the iewes were in when christ came into the world . it was when the government was departed from iudah , and the kingdome given to a stranger ; when the sanedrim ( which was their parliament ) was destroyed ; and they themselves brought into perfect slavery . their condition was never so bad as at that time . and also they never had more sects and divisions then when christ was borne : there were in ierusalem the herodians , the scribes and pharisees . there were also the esseni , ( though the gospel makes no mention of them . ) in this sad juncture of time iesus christ was borne . oh what abundance of consolation may be suckt out of the breasts of this truth ! christ came into the world when his church was in the greatest extremitie . and are not we at this time in great extremity ? are we not brought very low by our sinnes , and by our divisions the fruit of our sinnes ? we have divided our selves from god by our sinnes , and god hath divided us one from another . let us beseech the lord iesus christ to come once more into the world by his spirit of power ! let us not despaire of his coming . for he is deus in monte . he is our peace now the assyrian is in the land , mic. . . and when he comes he will come as a conquerour to subdue his enemies under his feet . this day is the day which is commonly called the feast of christs nativitie , or christmas day : a day that hath been heretofore much abused to superstition and prophanenesse . it is not easie to reckon whether the superstition hath beene greater , or the prophanenesse . i have knowne some that have preferred christmas day before the lords day , and have cryed downe the lords day , and cried up christmas day . i have knowne those that would be sure to receive the sacrament upon christmas day , though they did not receive it all the yeare after . this and much more was the superstition of the day . and the prophanenesse was as great . old father latimer saith in one of his sermons , that the devil had more service in the twelve christmas holy dayes ( as they were called ) then god had all the yeare after . seneca saith of his time , olim december mensis erat , nunc annus est . there are some that though they did not play at cards all the yeare long , yet they must play at christmas ; thereby , it seemes , to keepe in memory the birth of christ . this and much more hath beene the profanation of this feast . and truely i thinke that the superstition and profanation of this day is so rooted into it , as that there is no way to reforme it but by dealing with it as hezekiah did with the brazen serpent . this yeare god by a providence hath buried this feast in a fast , and i hope it will never rise againe . you have set out ( right honourable ) a strict order for the keeping of it , and you are here this day to observe your owne order , and i hope you will doe it strictly . the necessitie of the times are great . never more need of prayer and fasting . the lord give us grace to be humbled in this day of humiliation for all our owne , and englands sinnes ; and especially for the old superstition , and profanation of this feast : alwaies remembring upon such dayes as these , isa. . , , . finis . a catalogue of the sermons preached and printed by order of both or either houses of parliament ▪ from ianuary . to ianuary . ianuary . . master cawdrey . prov. . . master rutherford . dan. . . february . mr. baylie . zach. . , . mr. young . psal ▪ . ▪ march . . mr. gelespie . ezek. . . mr. bond . isaiah . . at the thanksgiving for the victory given to our forces under sir william waller , and sir william belfore , over sir ralph hoptons armie . aprill . . mr. obediah sedgwick . psal. . . mr. case . daniel . . at the thanksgiving for the victory given to the forces under the command of the lord fairfax at selby in yorkeshire . aprill . . mr. perne . exod . . not printed . mr. caryl . revel. . , . aprill . . doctor staunton . deut. . . mr. greene . nehemiah . , . may . . doctor smith . psal. . . mr. hall . matth. . . iune . . mr. hardwick . psal. . , . mr. hicks . isaiah . , . at the thanksgiving for the victory over prince rupert , and the surrender of yorke . iuly . . mr. vines . isaiah . . mr. hinderson . matth. . . mr. herle . not printed . iuly . . mr. rathband not printed . mr. gower . dan. . . at a fast extraordinary . august . . mr. hill . hag. . , . mr. palmer . psal. . . august . . mr. rayner . hag. . , . mr. tysdale . psal. . . at a fast extraordinary for the dysaster in the west . septemb. . . mr. newcomen . ioshua . , . mr. coleman . psal. . . septemb. . . mr. proffet . isaiah . . mr. seaman . kings . . at a fast upon the uniting of the armies together . octob. . . before the lords ▪ mr. temple . not yet printed . mr. chambers . mr. palmer . before the commons ▪ mr. calamy . acts . . mr. sedgwick . hebrews . . mr. vines . sam. . , ▪ octob. . . before the lords , doctor smith . doctor staunton . psal. . . before the commons ▪ mr. scudder . micah . . mr. woodcock . revel. . . novemb. . . before the lords , mr. strickland . psal. . . mr. spurstow . ezra . , . before the commons , mr. herle . sam. . , . mr. anthony burges . revel. . . novemb. . . before the lords , mr. hill . corinth . . . mr. wilkinson . chron. . . before the commons , mr. pickering . zach. . . mr. gipps . psal. . . decemb. . . before the lords , mr. calamy . mr. sedgwick . before the commons . mr. thorowgood . phil. . . mr. langley . psal. . , . notes, typically marginal, from the original text notes for div a e- ruffini histor. . ecclesiast . lib. . cap. . ainsw. xi gen. ● . . notes for div a e- * lib. . de bello gallico . quod factionibus & studiis trahebantur . camden britann . jam inde interior britannia magis civilibus bellis , & partium studiis , quam romanorum viribus attrita , post varias clades ultro citroque illatas in romanorum potestatem paulatim concessit . dum enim singuli pugnabant universi sunt victi , sic in mutuam perniciem ruentes ut non nisi oppressi senserint omnibus perire , quod singuli amiserunt . claudius his discordiis fretus , &c. reason . why divisions are so fatall to kingdomes , because they take away all the preservatives of a kingdome . . they take away peace from a kingdome . * dr. stoughton sermons . . they take away unitie , love , and concord . calente adhuc sanguine christi . hieron. hegesip. . ex euseb. col. . . exod. . reason . why divisions are so destructive to kingdomes , because they open a doore to all misery . . they let in confusion . . they let in a foraine enemie . . they disenable us to resist a foraine enemy . . they set a kingdome against it selfe . they bring in civill warres . civill warres are the worst of warres , for foure reasons . odia proximorum sunt cerrima . vse . a catalogue of the divisions of england , and what cause to mourne for them . . our divisions from god . . for our divisions one from another . . for the divisions of the common-wealth . . divisions in the church . * eus . de vita constantini . dissensiones in ecclesia sunt horribiliores & perniciosiore ▪ quovis bello civill . the mischiefes that church divisions 〈◊〉 . epiphan. here 's . ● . pezel . mollisi● hystor . dr. stoughtons sermons . vse . vse of reprofe of the causers of our divisions . . such as cause divisions betweene king and people . . such as cause divisions at home . . such as are false-hearted . . such as are discontented . three sorts of discontented persons . . such as are discontented out of pride and covetousnesse . . such as are discontented out of a blind zeale . nice . lib. . cap. . lib. . cap. . such as are discontented by way of revenge . vse . exhortations to unitie and peace . and first with the kings majestie . a double peace . . a treacherous peace . . a holy and safe peace . . one with another . * {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . * {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . * {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . motives and arguments to perswade us to study unitie and peace . liv. decad. . obiect . . means and helps for the procurement of unity and peace . answ . . helpe . bloody tenent . the good samaritan . john baptist . * chron. . . chro. . . ezra . . deut. . , . king. . . vse . musgrave muzl'd: or the mouth of iniquitie stoped. being a true and cleer vindication of sir arthur hazelrige from a false and scandalous accusation of john musgrave, in his late pamphlet intituled, a true and exact relation of the great and heavie pressurs and grievances the well-affected of the northern bordering counties lye under by sir a.h. misgovernment. with a true but not exact character of the said musgrave in some discoveries of him. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing m thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) musgrave muzl'd: or the mouth of iniquitie stoped. being a true and cleer vindication of sir arthur hazelrige from a false and scandalous accusation of john musgrave, in his late pamphlet intituled, a true and exact relation of the great and heavie pressurs and grievances the well-affected of the northern bordering counties lye under by sir a.h. misgovernment. with a true but not exact character of the said musgrave in some discoveries of him. price, john, citizen of london, attributed name. [ ], p. printed by john macock, for l. lloyd, and h. cripps, and are to be sold at their shop in popes head alley, london : . attributed to john price by john lilburne in "a letter of lieutenant colonel john lilburns, .. [ ]" (wing l ). a reply to: musgrave, john a true and exact relation of the great and heavy pressures and grievances the well-affected of the northern bordering countries lye under. annotations on thomason copy: "march d "; the last two numbers of the imprint date have been marked through. reproduction of the original in the british library. eng musgrave, john, fl. . hesilrige, arthur, -- sir, d. . musgrave, john, fl. . -- a true and exact relation of the great and heavy pressures and grievances the well-affected of the northern bordering counties lye under. england and wales. -- parliament. -- committee for sequestration of delinquents' estates. great britain -- politics and government -- - -- early works to . a r (thomason e _ ). civilwar no musgrave muzl'd: or the mouth of iniquitie stoped.: being a true and cleer vindication of sir arthur hazelrige from a false and scandalous price, john, citizen of london, attributed name b the rate of defects per , words puts this text in the b category of texts with fewer than defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - jonathan blaney sampled and proofread - jonathan blaney text and markup reviewed and edited - pfs batch review (qc) and xml conversion musgrave muzl'd : or the mouth of iniquitie stoped . being a true and cleer vindication of sir arthur hazelrige from a false and scandalous accusation of john musgrave , in his late pamphlet intituled , a true and exact relation of the great and heavie pressurs and grievances the well-affected of the northern bordering counties lye under by sir a. h. misgovernment . with a true but not exact character of the said musgraue in some discoveries of him . london , printed by john macock , for l. lloyd , and h. cripps , and are to be sold at their shop in popes head alley . . to the reader . reader , a good name well got is the best of riches and he that unjustly taketh away the same is the worst of robbers , to conceal the worth of a man is dis-ingenuity , to detract from true deserts is not equity : to charge guilt upon innocencie is inhumanity , but to call worthiness by the name of wickedness is right down devilism . i am no more master musgraves adversary then thine , and that 's not at all , for i know thee not , and yet i am both thine and his adversary in all malignity , against this common . wealth and its chiefest champions : sir arthur hazilrige is no otherwise my friend then thine , if thou art a wel-wisher to this republique ; and i have as little dependence upon him , and obliegment from him upon any personal interest as thy self whoever thou art , i have alwayes observed him ( according to the best advantage of my standing in all the turns of our turning times ) a plain hearted man , an english oake , and not an osier that wil warp and winde with every wind ; a protector of all good men of whatsoever judgement , in a good cause ; an assertor of just liberty , an opposer of tyrannie and that not in prate but in practise , in councels ▪ and combates : for my part let the terror of a tyrant be his reward , that wil plead his cause , but they are the subtil'st sollicitors for dethron'd tyrants , that decry their dethroners without a cause : it is too true honours do alter manners , and high places without great watchfulness , do make high spirits , but every bird is not taken in the snare of the fowler : and it is as true , that preferment in some begets envie in others , whose constant course is to strive and endeavour to stain their integrity with notorious forgerie ; i take no pleasure in padling in other mens puddle , nor dabling my self with other mens dirt ; yet i judge it a service worthy my betters , to wash off that filth and foam which the malicious stomachs of envious men do dayly eject upon the names and honours of our english heroes : beleeve it ( if i may speak it without vanity ) flattery is the very antipathy of my genius , and i blesse my god my foot is not taken in the snare of necessitie to dissemble the same , by the instigation whereof upon the first view of this * paltrie pamphlet written by master musgrave , i had a strong resolution to make a strict inquisition touching matters of fact therein asserted ; and ( though i had not faith to beleeve the tenths of those tales mentioned therein , mine own personal knowledge rising up against some of them ; yet considering that the best of men are but men at best , and well knowing that a plain man would not be offended at plain dealing ) i applyed my self to sir arthur himself for satisfaction herein , who hath given me that which i give unto thee , which , if thou judgest by the law of impartiality , thou shalt finde such a complexion of impudence and ignorance , scandal and slander , malice and mischief , pride and passion , forgeries and falsities concentred in mnsgrave , as if they were all cloth'd in flesh and dwelt amongst us , but that the power of him whose design it was in coming into the world to destroy the works of the devil , would crush the crowd , spoil the spawn , and confound the conventicle of those unclean spirits in that unclean man , is my hearty desire . i expect a respons , but cleerly perceiving a ranting , raving , and railing spirit stearing his pen and praecipitating him to wright at randum , i judge him not worthy the honour of a reply , and therefore farewell . a true and cleer vindication ▪ of sir arthur hazelrige , from a false and scandalous accusation of john musgrave , &c. to justifie the wicked and condemn the righteous it is hardly determinable which is more abhominable , and a pretended zeal for god and their country do hurry hypocrites to the one and the other , whose vociferations of tongues and pens , do beat the eares of city and country with nothing more then lowd lyes in hypocrisie ; who being closely beleagured with pride and penury , impudence and ignorance , and miserably infected with the itch of popularity , do palliate their projects for their lusts and lucre , from the credulous croud of the common people , with come see our zeal for god and our country , acting their parts in the publick view , theatrico more , that they might procure a plebean plaudite , for the most passionate patriots of their indeared country ; when by a very slight scrutinie of their particular practises , their pretended zeal appears nothing more then intended malice against such men : who , for true worth in the just account of god and good men are no more to be compared with such proud boasters , then the dogs of jobs flocks , with those that did abuse him : it is very observeable that the most noxious enemies of our present authority and new common-wealth , are the pretended lowdest assertors thereof , who herod-like , under the colour of advancing the same , seek to sacrifice it in its very infancie , and to introduce a most tyrannicall anarchy under the colour of the peoples liberty , hence sprung the malicious ebullitions , ranchorous invectives and scurrilous slanders from those swelling swagerors , and licentious levellers , in their lawless libels against the present parliament , the councill of state , the high court of justice , the government of the army by martiall laws , blown up and down the nation like empty clowds , and the greatest distempers that proceeded there-from at ware , burford , and else-where ; from this spirit of mischief and malignity hath the world been infected with so many scandalous fals and unworthy aspertions cast upon the chiefest champions of our english nation , as cromwel , bradshaw , ireton , harrison , vane junior , with several others , whom god hath made their adversaries envie , and the commonwealths safety ; the savor of whose conversation ( humane frailties excepted ) doth please the nostrils of god and good men , whose peace and prosperitie are the subject matter of the dayly prayers and praises of the truely religious ; whether it be not the same spirit from beneath which maketh wicked men like the troubled sea , that hath possessed mr john musgrave , when he did cast up that mire and dirt upon sir arthur haslerige ( as formerly in print though since washed off to his own glory and his accusers shame , so again ) in his late pamphlet ( wherein it is hard to say whether are more sentences or calumnies , sayings or slanders , fars'd and stuft indeed with nothing more then fables and falsities ) intituled , a true and exact relation of the great and heavie pressures and grievances the well-affected of the northern bordering countries , lye under by sir a. h. misgovernment , &c. is offered to the consideration of judicious men from their due observation of the notorious falsities therein specified , and the base miscarriages in several instances of the said mr musgrave , rendering himself in truth according to his charge against another in falshood . that little acquaintance that i have with him hath quit my desires of increasing the same , whose distempered temper chollerique countenance , troublesom tongue , and slanderous pen do render him solomons froward man , with whom we must not converse for fear of the infection of frowardness , and the companion of fools shall be destroyed : the truth is , he hath little in him worthy emulation , and sufficient want of all things lovely for the exercise of mens comiseration , did he not quench the spirit thereof in all his acquaintance by a violent voluntary precipitancy thereinto , he is not the object of my hatred ; for though he be intolerable , yet i hope recoverable ; nor yet of my envy , for he neither is or hath any thing worthy thereof ; i could love him and pity him , had he but the least of either towards himself . sir arthur hasterig is more known unto me and to thousands , then i or they to him ; and although there is not the least obligement upon me by any dependance upon him , the least particular courtesie or , favour received from him engaging me unto this service ▪ yet considering his courage and resolution , his constant and faithful adhesion in all viciscitudes and turns of affairs to the honest party , engaging himself at all times unto the highest degree against the contrary party , though never so great and likely to prosper , and knowing also in mine own present knowledg and experience the notorious falsities and untruths of some things asserted in the said scandulous pamphlet ; i could not withstand those impressions of spirit that were upon me to vindicate his integrity unto the best of my ability . how injuriously and irreparably mr musgrave hath abused the said sir a. h. contrary indeed to the very a. b. c. and first principles of righteousness , justice and common honesty , by publishing him abroad in print for a deceiver , an oppressor , a friend to the worst of malignants , an enemy to the well-affected , a promoter of the scottish interest against the english , a proud covetous oppressor , a tyrant , a traytor to god and his country , and that after the said musgrave had applyed himself unto the councel of state for audience and reception of his charge against the said sir a. h. and had all due encouragements that he should have a fair and regular hearing ; how dishonestly and wickedly he hath thus accused , arraigned , condemned and executed the said sir a. h. in his name , honor and repute before the determination of those to whom he complained , is most obvious to all his readers ; but it is no marvel ; for it is most common that such men who have out-lived the credit and repute of their own names , care not what wreck they make of the honor of others , with whom they are not worthy to be nam'd the same day : but it is a constant character of such ranting railers and flourishing need-nots , to make loud boasts in propatulo of their great zeal of justice and righteousness , countries liberty , and common honesty , and yet to act in such ways , as the dullest eye may well perceive to stand in a perfect inconsistancy with their profest principles . is not the plain english of these foul fables thus printed and published by this bold boaster and busie scribe , to dictate unto the people , according to the daring dialect of that scribling faction , such clamorous calumnies and aspersions of tyranny , pride , covetousness and oppression in our present governors , the very repetition whereof is an offence to all but malignant ears , and all this managed under the vail of publique liberty and common good ? but o that we were judges in the land lies at the heart of these pathetick zelots ; whereunto were they once advanced , the ignoble dispositions , virulent tongues , furious spirits , and mean capacities of these men would quickly reduce us to as much peace and happiness , justice and liberty , as saints may expect where satan hath his throne , and his vice-roys bear rule : for if the green tree will burn , what will the dry ? and they that will tyrannize over the names , honour and repute of their superiors , what would they do over their inferiors ? and wo be to that people whose princes are peasants , a spice of such spirits you may perceive in mr musgraves proceedings against sir arthur haslerig at the councel of state , which ( though the just judgment and order of the said councel may be a sufficient vindication of the said sir a. h. yet ) for better satisfaction , take the particulars , thus : upon the ian. . the said mr musgrave did appear at the councel of state according to appointment , and being examined touching a book with his name unto it , importing many and very great charges against sir a. h. being at first demanded whether he would acknowledg that book there presented to him to be his book , he did acknowledg the whole book to be his , excepting the errata's , which he did proffer to amend with his pen , and that he would justifie it ; after a full hearing of both parties ; and this musgrave ( not being able to make good his charge ) was commanded to withdraw ; and being cal'd in again , was desired to take the book , and to mend the said errata's with his pen , but then he denyed to own the book , but said he would stand to his charge , and make that good , and being withdrawn , and sir a. h. also , he did after that publiquely deny to own the book ; whereupon the councel of state made this ensuing order . saturday january , . at the councel of state at white-hall . ordered , &c. vpon information given to this councel by sir arthur haslerig , that one mr john musgrave had caused a book to be printed and published , and that in the epistle and charge the said john musgrave did accuse him the said sir arthur haslerig of breach of promise and engagement to the councel , and for acting contrary to the same , and contrary to the councel of states declaration ; the said mr john musgrave being called before the councel , did acknowledg the whole book excepting only some errata's of the printer , which he offered to amend with his pen , and said he would justifie it , and offered to put in security to make it good : thereupon the said mr musgrave being fully heard , as to the particulars of the epistle and charge in his book against sir arthur haslerig for a supposed breach of trust and engagement by him to the councel , and also for acting contrary to the councel declarations , concerning the examining the charge of mr howard , late high sheriff of cumberland , for the not displasing and putting in certain commissioners of the militia for cumberland , who were objected against by mr musgrave ; the councel declares , that it doth not at all appear unto them , that sir arthur haslerig hath broken the trust reposed in him by the councel , or made any failer of promise or engagement to them in any of those particulars : but do find that the imputations therein laid as a charge upon sir arthur haslerig , are false and scandalous ; and do therefore touching the said scandals , leave sir arthur haslerig for his due vindication and reparation , to take such course as he shall think fit . gualter frost , secretary . the first article was this : . that sir arthur haslerig , contrary to his engagement to the councel of state , and councels of states declarations upon the petitioners exceptions , procured lately such in the county of cumberland , to be iustices of the peace , commissioners for sequestrations , commissioners for the ministry , and commissioners for the militia there as were known delinquents , and such as are disaffected to the present government , and complying with the scotish interest , as by the charge against them hereunto annexed , and another charge against them , formerly exhibited to the councel of state , may appear . the charge in this article you see is declared false and scandalous by the councel of state , which is sufficient to stop the mouth of that calumny therein vented against sir arthur haslerig . artic. . that the said sir ar. haslerig being the chief , and leading commissioners for the ministry at newcastle , approved of such ministers in cumberland at newcastle as refused the engagement , were scandalous , and delinquents ; and such ministers as were well-affected , without any charge removed from their ministry , and put them out of their places , whereby he discovers his dis-affection to the present government , by upholding and countenancing the malignant party in authority , and keeping under the parliaments friends , all which this petitioner is able to prove , and further refers himself to the copies of letters hereunto annexed , the originals being in the petitioners hands . first , sir a. h. never acted concerning placing or displacing ministers but in publique , and that with the commissioners of of the four northern counties , and that upon their appointed days of publique meeting , and also with the assistance of doctor jennison , mr wells , mr hammond , mr wolfred , mr durant , with several other godly and well-affected ministers . secondly , sir a. verily believes that there was never any minister approved that publiquely refused to take the engagement ; and he is very confident , that there was not any minister against whom proof was made of his delinquency or scandal , but was put out . thirdly , he doth not know of any one well-affected person that was put out of his living , except scandalous , ignorant or insufficient ; as for the copies of the letters , sir a. h. conceives they neither concern him , nor prove any thing against him . artic. . that sir arthur haslerig undertook to the councel of state to examine the articles exhibited by the petitioner to the councel of state against mr charls howard , high sheriff of cumberland , but neglected the same , and came privately into the country to naward , and there feasted with the said sheriff , who is a dangerous and most notorious delinquent , as appears by the charge exhibited against him by the petitioner to the councel of state . the councel hath declared this also to be false and scandalous ; and concerning sir a. h. going to feast with mr howard , about the latter end of summer he being commanded to take care of all the forces that were for the preservation of the borders , and to enter into scotland upon carlile side , sir a. h. being in those parts upon that occasion , and the city of carlile infected with the sikness , mr howards house being next unto the borders , was necessitated to be two nights there , and this was his private going into the country to feast with mr howard : and if so be to have articles exhibited against a man by such an article-maker or forgerer be sufficient to evidence a man a dangerous and notorious delinquent , the parliaments best friends must beware of musgraves . artic. . that the said sir arthur haslerig suffers captain howards troop to lie upon free quarter upon the country for these four moneths last past , and doth conntenance one dobson , captain howards leiutenant , who cheated the troop of pound ; and when complaint was made to sir arthur haslerig , he never punished him for the same . captain howards troop belongs to the garison of carlile , and sir a. h. is confident that the governor thereof hath not suffered them to live upon free quarter ; and you may guesse by this at musgraves tales : for whereas he chargeth sir a. h. for countenancing dobson in cheating the troop of . li. and saith , when complaint was made to sir arthur , he never punished him for it ; the truth is this , about september last , complaint being made by captain howard against the said dobson , his then leiutenant , for detaining money from some of his troopers , sir arthur understanding discontents arising in the troop , forth with gave the said captain a warrant all written with his own hand to seize upon his lieutenants person , and all his horses , and then also put another able and honest lieutenant to be in his place ; and upon further examination finding that there was . l. . s. and no more due to the souldiers , the troop being engaged upon the border service , and the captain , and lieut. dobson at newcastle with sir a. h. the said dobson was discarged his place , and was made to enter into a bond of . l. with one robert huntly merchant in newcastle , an able and sufficient man bound with him , the bond bearing date the of october last , that the said dobson shall answer the same at a councel of war , upon twenty days notice , the troop being upon service , as aforesaid , and not then at leisure immediately to prosecute ; and you may the better unders●●●d the truth of this by the cirtificate following , written by the now lieutenant of the said troop . these may certifie whom it may concern , that ever 〈◊〉 〈◊〉 came to be lieutenant to capt. cecil , howards troop , which began the of october last , the troop hath constantly paid their quarters , as soon as we received our pay from the honorable col. thomas fitch , governor of carlile , which he was very careful to pay to my capt. cecil howard as soon as it came to his hands by order of the committee from the army , or otherwise ; and lest the country should through want of timely notice go without their money , it hath been my care to cause notice to be given to them as soon as the money was to be paid out ; and i often told the country , that if any man did neglect to pay his quarters , my capt. howard or my self would see them paid , if they did make it known to us : and to my knowledg the said troop hath been upon constant duty by parties to york and newcastle for the service of the state , and fetching in of sequestrations upon contempt of orders ; or else we have been upon duty along the borders near scotland : and i have understood since i came from his excellency the lord general cromwel , that in lieut. dobsons time , being lieutenant of the troop before i came , the souldiers paid their quarters ; and the said lieut. dobson having detained in his hands of the souldiers money near forty pounds , the honorable sir arthur haslerig upon notice thereof did cause the said lieut. colonel to enter into bond with security to make good the said sum to those souldiers to whom it is owing ; and when he had given good security , the said sir arthur haslerig did dismiss him from his command . dated at carlile , this of janua . . daniel freind , lieut. to capt. cecil howard , and somtime martial general to his excellency the l. g. fairfax . by all which you may see , if this famous slanderer had quite omitted that foul untruth of sir arthurs countenancing and not p●●ishing this dobson , and had abated . l. of his assertion and said he had cheated the troopers of . l. only , he had done service to the prince of this world , and obeyed the 〈◊〉 of liars after the rate of above twenty in the hundred , 〈◊〉 had been a more profitable servant unto him , then many of his children and servants are , though the wages of such work ( except he leaves it in time ) will not be very acceptable in the latter end . artic. . that the said sir arthur haslerig gave commission to edward brigs , to be lieutenant colonel for carlile garison , and made him a commissioner for the militia and ministry in westmerland , a man known disaffected to the present government , and lately cashered for his drunkenness and other miscarriages by the now lord general cromwel : that the said sir arthur gave commissions to thomas craystour , cuthbert studholm , captain brown , and others , to be captains and lieutenants in carlile garison , men known to be disaffected to the present government , profest enemies to honest men ; most of them having now layd down their commissions , when they were to march into scotland ; and the said sir arthur doth countenance none in cumberland , but such as are profest enemies to the honest party , and are for the scotish interest . . this brigs was the only man when hamilton came into westmerland , that did raise a regiment of foot for the parliament service , and he hath been always faithful to the parliament ( when such as this accuser have undermined their interest , ) who having rais'd his regement ( as aforesaid ) sir a. h. with the advice of the now lord general ( carlile being then rendred by the scots ) did put that regiment into carlile , and made col. fitch the colonel , and this brigs lieut. colonel of his own rais'd regiment . . sir a. h. did never hear the least complaint against leiut. col. brigs until of late , for which he was brought to a councel of war , and upon proof made of his misdemeanor he was put out . as for the rest of this article , it is so notoriously false and scandalous , that it is worth no other answer ; only it is wish'd , that this master-slanderer of the north had the least tang and savour of that spirit of piety and religion as mr thomas craystour hath ; if so , mens ears had not been abused with such notorious untruths as these are . artic. . that by the said sir arthur haslerigs intrusting the authorities and militia in the hands of delinquents , and men for the scottish interest , the well-affected in cumberland and bishoprick lie under greater oppressions , then formerly under king and prelates . and the said sir arthur is a protector of papists and delinquents , forbidding the subsequestrators , and sollicitors for sequestration in bishoprick to sequester papists ordered to be sequestred , of which the papists and delinquents do much boast , and honest men thereby are much cast down . this is general ; containing whole clusters of the grapes of sodom , as if gathered from a sodomite himself , having in its bowels as much spawn of malice , scandal and falsities , as so few words are capable of . artic. . that sir arthur haslerig hinders and obstructs the ordinary proceedings of law and justice in favor of papists , and did take out of the sheriffs custody ralph lampton a notorious papist and delinquent , being under arrest , and formerly arraigned for poysoning his wife , with which lampton , the said sir arthur is very kind and familiar . this ralph lampton came to the committee to make complaint against mr george lilburn , and mr george grey , for detaining a very great sum of moneys due to the state , and desired a fifth part for his twelve poor children , he being sequestred as a papist and delinquent ( which case is returned up , and now lies before the commissioners at goldsmiths hall ) the committee appointed a day of hearing the same : while this mr lampton was coming , according to order , to the committee , he was arrested , and ( as it was informed the committee ) by mr lilburns procurement : hereupon the committee , and not sir arthur haslerig , thought fit to secure him from arrests , during his coming unto , continuing at , and returning from the committee , in prosecution of that complaint onely ; for as much as it was the service of the common-wealth , and no more then the committee had authority to do , and what is practised in all courts of justice and committees of parliament whatsoever : and this was all that the committee did upon that business , and who but a musgrave would not judg it equitable ? artic. . that the said sir arthur haslerig procured ralph delival esq a delinquent in arms against the parliament , and disaffected to the present government , this last year , to be high sheriff for northumberland . sir a. h. never heard , neither was there ever complaint made unto him , that mr ralph delival was a delinquent in arms against the parliament ; and the truth is , he was nominated by another , and not by sir a. h. but if he had done it , he would have justified it , for he conceives it would have been for the publique service . artic. . that the said sir arthur haslerig , contrary to an act of parliament , suffered lievtenant colonel john jackson a notorious delinquent , and in arms against the parliament both in the first and second war , a great plunderer , to go and ride up and down the country with his arms , and against law put the said jackson in possession of certain grounds and colleries in bishoprick , belonging to men well-affected , whom the said sir arthur by strong hand dispossessed thereof , without law : and the said sir arthur haslerig , against the fundamental law of the land , most arbitrarily and tyarnnically , did by his power take from the now high sheriff of bishoprick the said jacksons goods , taken in execution after judgment , and restored the said goods to the said jackson , contrary to all the rules of the law . as for this article , wherein this black-mouth'd man ( in whose tongue and pen the very throne of scandal and calumny is established ) doth charge sir a. h. to have acted by a strong hand without law , yea against the fundamental law of this land , most arbitrarily and tyrannically take from the now sheriff of the bishopprick , one jacksons goods , taken in execution after judgment , and restored the said goods , &c. sir a. h. professeth that this whole article is altogether false , that he never heard word or tittle of this jacksons riding up and down the country in arms , &c. and as for this instance of goods taken from the sheriff , &c. it was as heathen greek unto him , he understood it not , nor heard little or much of it , until he read it in this railing pamphlet ; since the publication whereof , this ensuing letter was sent unto him , from the then sheriff of the county of durham touching this business . sir , having lately seen a pamphlet flying about the country , and an aspersion in it thrown upon your self , in that you should have taken some goods from the sheriff of this county after they were taken upon execution , i thought it fitting to let you know , upon what ground these goods were delivered back , which was thus : after the goods were driven , mr bruen sent a letter to my under-sheriff , to acquaint him that the goods taken were belonging to an officer in the army , and not to jackson , the party mentioned in the execution ; upon which the under-sheriff returned the goods to mr bruen , having nothing to do with those goods : this is the truth , and shall in point of vindication to your self be made good by him wheresoever you shall please to call : i shall trouble you no further , but rest , your most affectione friend , iames clavering . durham , ian. . whether the very unclean spirit of impudence and slander hath not possess'd this loose and licenscious pen-man and his contrivers , let all men judg . artic. . that the said sir ar. haslerig is very familier , and keepeth company with thomas wray , a papist , in arms against the parliament ; and upon search for a popish priest , there was lately found in the said wrays house copes , and other popish reliques , and much gold and money , most whereof sir arthur haslerig caused to be returned back to mr wrays wife , a papist : and the said sir arthur by his souldiers put sundry honest men out of possession of the colleries , setled upon them by law , under colour the same belonged to the said wray , whose debts sir ar. haslerig undertook to pay ( as wray confessed ) for the said colleries , being worth pounds per diem , as the said sir arthur giveth forth , to the utter undoing of the owners of the said colleries . sir a. h. professeth he never had any thing to do with this mr wray , but when he came unto him about complaints against mr george lilburn and mr george gray for deceiving the commonwealth of very great sums of money when they were of the committee , and trusted for the parliament , which business is sent up to the commissioners of goldsmiths-hall , and now lies before them ; and he is resolved , that whilst he hath any power commited to him , that he will do every man right to the best of his understanding , be he papist , delinquent , or any other whatsoever , and he is a very hypocritical and feigned pretender of righteousness and justice that will be offended thereat , especially complaining in the commonwealths behalf . and concerning the gold mentioned in the article , there was a girdle brought to the committee sitting at durham , which mrs wray did usually were about her , wherein was quilted about . l. in gold , of which there was . l. in old gold , which the said mrs wray affirmed was her mothers , her grand-mothers , and great grand-mothers , and that she never intended to make use of it ; and further , with sore lamentations , complained to the committee , that twice before that sequestration she had all her goods seized on , and taken away for her husbands delinquency , and earnestly besought the committee for her fifth part , whereupon the committee gave her back the old gold , and a fifth part of the rest , and this was publiquely done at the committee , sir a. h. being then present , he not acting at any time single , but with the whole committee : and for the remaining part of the article , concerning the dispossessing of honest men of the colleries , under colour of mr wrays right unto them , and sir arthurs undertaking to pay his debts , read this ensuing certificate under wrays own hand and seal in the presence of thomas scot and col. george fenwick . thomas wray of benish in the county of durham esquire , declares , that he was formerly and is owner of the colleries at harraton in the said county , and that the said colleries were sequestred for the papisty and delinquency of the said thomas wray first by sir william armyn in the year . and also by the committee of durham . of which mr george lilburn was then a member , and present ; and that the said mr george lilburn in the year . entered into the possession of the said colleries at harraton , and converted the profits to his own use , for which wrong done both to the state and the said wray , he the said wray complained to the committee at durham in the year . and the committee thereupon ordered , upon full hearing of both parties , that the said colleries should be again taken into the possession of the state , and employed for the use of the commonwealth according to the first sequestration , and so it now remains : and the said thomas wray further declares , that sir arthur haslerig , neither by himself , nor any other from him , did ever treat with the said wray for the buying or dealing in the said collery , or paying any of the debts of the said wray , neither did the said wray ever say to any man , that sir art. haslerig undertook to pay any of the said wrays debts , all which he will be ready to testifie upon oath , as cause may require . in witness whereof he hath hereunto set his hand and seal , the of ianuary , . signed and sealed in the presence of tho. scot . geo. fenwick . artic. . that the said sir arthur haslerig doth comply with , and countenance colonel john hilton , a delinquent in arms , both in the first and second war , and assists the said hilton to defraud the poor in sundry parishes in bishopprick , of great legacies given by the said hiltons elder brother . whatsoever hiltons brother gave to the several parishes , concerns not sir a. h. but what estate col. hilton had in possession when he was a delinquent and sequestred , it concern'd sir a. h. as trusted for the state , not to suffer such an estate upon pretence of the poors right to be taken out of the states hands by any of the states agents , but in a legal way , or by the command of those that were intrusted by the parliament to take off sequestrations ; and for col. hilton himself , he did never speak in private with him in all his life : and surely had not this musgrave more familiarity with a lying spirit from beneath , then sir a. h. hath had with this hilton , he had never been so countenanced and assisted in framing so many false and scandalous untruths , as he hath been . artic. . that sir arthur haslerig brought colonel hacker into the country , who contrary to an act of parliament , quarters his souldiers , and others under the name of souldiers , who are none , upon the well-affected in bishoprick , and would but pay what they pleased , and in some places nothing , but upon complaint colonel hacker gave them no relief , but threatned them to have them before sir arthur haslerig for complaining ; afterwards captain thomas lilburn brought the matter in question before a councel of war at whitehall , but by sir arthurs power it could never be fully heard , which if it had , there would have appeared many thousand pounds kept wrongfully from the souldiers , besides the great oppression of free-quarter ; some examinations whereof were taken by mr margets , which sir arthur haslerig keeps hitherto from reading ; and the said sir arthur sore threatened the said captain , for appearing for the souldiery and country against him and col. hacker . that sir a. h. did bring colonel hacker into that country , he doth acknowledg and justifie the same ; if he or his souldiers have done any thing unworthy , he is very sufficient to answer it , and is ready to give an account thereof at any time : and it is notoriously known , that sir a. h. did exceedingly press to have the complaints against his souldiers to come to hearing ; and he is fully perswaded , that the aspersions layd upon col. hacker are very false , and the proceedings in the country against him were unjust . artic. . that the said sir arthur haslerig , to disable m. george lilburn to serve his country , and the more to discourage the well-affected in bishoprick , caused him to be put out of the commission of peace , ministry , and militia , and much endevoreth to sequester the said m. george lilburn , who hath commonly been reputed the most active , stirring , and suffering man for the good of this nation , both before the parliament began , and since , of any that hath been , or is in the country . concerning sir a. h. leaving mr george lilburn out of commission , he conceives that he had done nothing but his duty , and doubts not but he can give satisfaction to any honest and well-affected man to this present government in what he hath done ; and for his endeavors to sequester the said george lilburn , it is notoriously known , that he was accused at the committee , long before sir a. h. came into the country , upon these three ensuing articles . first , that he had signed warrants with his own hand and seal , with sir william carnaby , sir tho : riddal , and sir tho : liddal , for carrying arms and ammunition which came out of holland into newcastle , and were sent unto the late king after he had set up his standard , which were used against the parliaments forces at edghil battel , two of which warrants were produced . secondly , that he gave the late kings oath to several persons in the county of durham , when the earl of newcastle had the whole power of the county . thirdly , that he compelled his servant thomas chilton to serve in col. hiltons regiment against the parliament , which regiment being broken by the parliament forces at marston moor , the said chilton returned to his said master george lilburns house . artic. . that sir arthur haslerig hath displaced all the well-affected men in bishoprick , that were of the committee for sequestrations there , and put in their stead one thomas haslerig his kinsman , and a stranger ; and doth continue one colonel francis wren , who in the head of his regiment , upon his first march into scotland , was digracefully and justly cashiered , by the now lord general cromwel , for plundering , and other gross and foul misdemeanors ; and one thomas dalaval , an arch malignant , and disaffected to the present government , who lived in the enemies quarters all the time the earl of newcastle had his forces . it is well if those that were displaced appear well-affected to the publick , and faithful to their trust ; surely that was no cause of their ejection : if unfaithfulness was not their sin , it will never be their sorrow : as for col. wren , he hath ever been faithful to the parliament , and in arms for them from the very beginning , and did ascend unto his colonelship by degrees ; and when his regiment went into scotland after hamiltons defeat , so soon as they came into scotland , they did conceive they might have plundered in scotland as the scots had done in england immediately before , as supposing themselves legal executioners ( and that without commission ) of the law of taliation , and that they might act the scotch-men in their own countries , and thereupon they were very unruly ; the lord general being very much offended thereat , desired the colonel to return back into his country , but he was not cashiered , as is here falsly asserted . as for mr haslerig , he hath a very good estate in the county of durham , and is very well known to be an able and well-affected man , and very fit for the employment , and so is mr tho : dalaval , and sir a. beleeves musgrave can never prove him an arch malignant , onely his work is to slander , and he loves to be doing . artic. . that the said george lilburn , being surveyor of the bishops lands in bishoprick with one edward colson , which said colson joyned with one saunders , and counterfeited m. duncalss hand without his privity , for the abatement of a thousand and odd pounds , meerly to cozen the state thereof , which cheat and cozenage the said george lilburn discovered . but the said sir arthur haslerig much labored and sollicited the said george lilburn to conceal the said cheat and forgery of the said colson , and though the said colson be a man disaffected to the present government , and marryed to a papist , yet doth the said sir arthur haslerig much countenance the said colson , and made him a commissioner for the ministry , and his court-keeper . this hath been discovered and published in print by the said george lilburn about two years since , and then also answered by the said saunders and mr colson : and why did not mr lilburn then print sir a. haslerigs desire for his concealment of that cheat and forgery ? surely there was never such intimacy between sir a. h. and mr geo : lilburn , as that sir a. h. should commit such a base secret unto him , and he abhors the practice of such baseness , he could never musgrave it after that manner ; and as for sir a. putting in mr colson to keep his courts , it is well known that he was appointed to keep those courts by the committee when they were under sequestration , before sir a. h. bought the manors ; that colson is a commissioner for the ministry , it may be numbered among the rest of musgraves , it 's utterly false . artic. . that your petitioner hath been much sollicited by the well-affected in his country , to present their grievances and oppression , and crave relief in their behalf , as appears by their letters , copies whereof are hereunto annexed . whereas this proud boaster glories , that the well-affected in his country did become so many sollicitors unto him , that he would be pleased to be their sollicitor-general to present their grievances and oppressions , &c. and in the title-page of his book takes in the northern bordering counties , i thought fit to let you see , how the county of northumberland do throw the falshood of it in his face , as appears by this ensuing letter from the grand jury of that county , occasioned by the sight of this scandalous pamphlet , and sent up post unto the councel of state . right honorable , we the grand jury for the county of northumberland , at the now sessions of the peace , having seen a book published by one john musgrave , who therein pretends the great and heavy pressures and grievances the well-affected of the northern bordering counties lie under , by sir arthur haslerigs misgovernment , and placing in authority men disaffected to the present government , and having perused the book , and finding our selves therein much concerned , as being the most northern bordering county to scotland , we presume humbly to acquaint your lordships , that as the author of the book is altogether unknown to us , so also all his relations , complaints , and petitions , without our consent . and we cannot but wonder that any man durst assume so much boldness , as to present to this honorable councel , in the name of the well-affected in the four northern counties , such false and scandalous things . we shall not trouble your lordships with the particulars in his book , few of them concerning our county ; but having diligently perused the book , we find it chiefly endeavors to make the world believe that sir arthur haslerig is a countenancer of delinquents , a friend to the scots , and an enemy to honest men , and the present government : we hope we need not say any thing to wipe off those seeming stains ; sir arthur is well known to the parliament , and his actions have sufficiently testified his affections and faithfulness to the publique interest , and good of this nation ; yet we being his neighbors , and having seen his just and equal dealings , and being partakers of exceeding much good by him , cannot hold our peace : and we dare say , if all the four counties may have leave to speak their own words , they would tell your lordships more then we can say on his behalf . it is strange to us that sir arthur should be counted a friend to delinquents ; surely he is not so in these parts : we very well remember , that long before the parliament made an act to restrain papists and delinquents , sir arthur haslerig caused those that had been in arms against the parliament in our county , especially the gentlemen , and those that had been officers , to be apprehended , and those that were active and dangerous he continued under strict bond , not to go from their own houses , and others about a mile from home , none above five ; and none of them to keep arms in their houses , nor to speak or do any thing against the authority of the parliament ; and divers desperate men he kept prisoners in newcastle ; and we suppose he took the same course in other counties : and for his being an enemy to honest men , we must needs tell your lordships , those that fear the lord bless god for him , and the mercies they enjoy by him . those that love the parliament amongst us , will acknowledg his care and tenderness of them , and his unwearyed endevors to preserve them , and the interest of the parliament : and all the poor people will confess the happiness and benefit they have received by his means ; they are exceeding sensible of the miseries and oppressions they long groaned under , and of the ease and freedom they are now partakers of . and for those gentlemen now intrusted by the parliament with the power of this county , we know not how , nor by whom , they were placed in authority , whether by recommendation of sir arthur haslerig , or others ; but we are sure they are those that have been most active in promoting the parliaments interest , and have kept firm through all changes to the service of their country ; and their righteous dealings in their trust have made their names famous among the people ; and we hope they are not afraid to give an account of themselves when authority shall require it : and for sir arthur haslerigs being a friend to the scots faction , let his activity , care , and industry , to raise men against them , speak for him : and after our army was gone into scotland , his pains and labor to furnish them with provisions and supplies , without which they had been forced to retreat , as we have heard . my lord , we could renumerate our late last grievances , and our present mercies , and instance in many particulars , what benefits we have reaped by sir arthur haslerig , and those in authority amongst us , but it would too much trouble your lordship ; onely we make bold to say , we exceedingly wonder , that such scandalous complaints should be suffered to pass in print , which though they receive not much credit in our days , yet may lay a stain upon the posterity of those , whose names are precious , and deserve to be had in perpetual remembrance . we doubt not of your lordships justice in acquitting the just . we are , my lord , your lordships most faithful and humble servants , richard hearon robert pearson john midford rich : dawson thomas pye william lawson thomas watson george marshal henry lawson robert dalton thomas megison cuthbert fenwick john shafto thomas fenwick ro : megison george hoslop george wharton . morpeth in northumberland , january , . arric . . that your petitioner hath lately discovered sundry concealed and sequestred delinquents of great estates , which will bring in to the state ten thousand pounds and more , if the commissioners for sequestration made by sir arthur haslerig were honest and faithful men ; but in regard most of the said cōmissioners are delinquents , and sequestrable themselves , and all of them disaffected to the present government , they do what in them lies to hinder your petitioner in the prosecution thereof . whereas this musgrave boasts of his discovery of delinquents estates , to the value of l. if the commissioners made by sir a. h. had been honest and faithful , the truth is , this musgrave came with mr can to sir a. h. his chamber , the last time he was in town , which was about april last , and gave the like information , whereupon sir a. h. conceiving , that if musgrave had power he would be the better enabled unto a through discovery , and bringing in unto the state those great sums of mony , thought fit to move the commissioners for compounding to make him one of their commissioners for sequestration for cumberland , which accordingly they did ; and sir a. confesseth that he was exceedingly mistaken in mr musgrave ; and if there was any dishonest and unfaithful , that he put in , or was an occasion of being put into commission , it was this musgrave : and sir a. doth acknowledg , that he never suffered so much disgrace by preferring any man to any place of trust , as he hath received by him ; for the commissioners of goldsmiths-hall have most justly turned him out of commissions , for his corrupt and wicked actings ; and that you may see a true character of this john musgrave , his great zeal for this commonwealth , and against papists-delinquents , and who is the truer friend unto papists and malignants , and more faithful to their trusts , sir a. h. or this john musgrave , read this ensuing letter from his fellow commissioners of that county . for the worshipful tho : craister , esq major of the city of carlisle , haste , haste , in newcastle . sir , about the day of october , mr clement skelton brought in an order from the commissioners for compounding to the commissioners for sequestrations in cumberland , to examine the validity of a deed produced to them , touching the clearing of andrew huddleston's estate , a papist in arms , worth l. per annum : the said mr skelton , bringing the said order before us , and the said deed , was demanded , wherefore he did not seek his interest in that estate before that time , the same being under sequestration for four or five years : the said mr skelton replyed , he could never get a man for his purpose , until he met with mr john musgrave : and being asked , how the said order was got , he answered , mr musgrave knew better then himself ; whereupon mr musgrave was called , and at his coming in , said , 't is true , he had l. to sollicite that business : it being replyed , he was not sent for to know what he had for so doing , but what the commissioners for compounding said to the matter in dispute , and what he thought of it himself ; to the first he answered , that mr winslow did engage to send the said order ; and that he conceived , if we could not prove the said skelton to have made away the estate to the said huddleston , the deed was valid , and so it did behove us to certifie : whereupon he withdrew . the said mr skelton being further asked , when he had the aforesaid estate in possession , and what rent he had received of the said mr huddleston , he thereupon was silent ; whereupon we told the said mr skelton , that if any man went about to conceal a delinquents estate , that same act made him liable to sequestration ; and further , we produced before him the late committee book , wherein it did appear the said mr skelton had farmed the said estate of the late committee , in the year , and payd the rent due for the same , without claiming any interest therein : whereupon the said mr skelton withdrew , and never since appeared to claim any title therein : but since , the said mr andrew huddleston , paying in his rent due for the same , confessed , that he had given to mr john musgrave himself l. and sent him up to london l. more : and about the day aforesaid , mr musgrave being asked , why he would take l. for solliciting a business of that nature against the state and his conscience , at the very time when he was commissioner for sequestrations for the state , contrary to his trust and oath , which he either had , or should have taken ; he replyed , he was a sollicitor , as well as a commissioner , and would not forego his solliciting for being a commissioner . it is to be noted , that about the of april , . the said deed was produced before mr craister , tho : langhorn , and mr musgrave , then commissioners for sequestration : the said commissioners returned the deed with this answer , that it was to be cleared above ; whereupon the said mr musgrave by his expressions seemed to undertake that business , as it appears he did ; and also at that time spoke in other delinquents behalf so much , as gave occasion to his fellow-commissioners to have some jealousies of his actings ; and presently after the said tho : langhorn saw the said mr musgrave receive a sum of mony from the said mr huddleston , and the said mr musgrave went presently after to london , and stayd there above three moneths , which caused mr craister and tho : langhorn to desire the commissioners for compounding , either to joyn with them such as would act faithfully and fully for the publick , or else excuse them from the service , the affairs of sequestrations speedily requiring diligence and action ; upon which desire of theirs the said musgrave was outed , and others put in , before the said mr skeltons order was examined : but mr musgrave took his discharge so ill , that he did vehemently threaten that the said tho : langhorn , and others , should have lex talionis ; and further , that sir arthur haslerig , to stop his mouth , had made him a commissioner , but now being outed , his mouth was open : to which one replyed , it seems a great place will stop your mouth . also at that time he was outed of being steward of the honor of penrith : and the said mr musgrave being poor , his estate not being possible to be made worse , we do verily beleeve put him upon printing his book : notwithstanding , we desire to forgive him , and the lord to give him repentance , which is all we can offer to you at this time : the truth of what is said shall be sufficiently by our selves and others proved . we desire you to finish that letter to the commissioners above , whereof you took instructions at carlisle , with the tender of our service to all the honorable persons with you . we remain , your friends and servants , tho : langhorn tho : sewell . pearith , januar : . thus have you the several articles exhibited by this northern article-maker against sir a. h. with particular answers thereunto , and that you have compleat satisfaction touching sir a. his innocency in respect unto them all , is my perfect presumption : i had almost said , that a doubt herein ( all things considered ) renders the doubtful , not so much a man , as a musgrave . and although it is beneath a man advanced but one degree , in ways of wisdom and discretion , to waste his time in setting forth the vileness and baseness of the principles and practices of so worthless a person , it being but actum agere , he himself having been his own limbner in this very pamphlet which he made against sir a. h. where you may see , as in a glass , as many ill qualities , as can likely croud together in one man ; yet if you can bear the savor , see him anatomized in some few instances . first , observe his covetousness , dishonesty , and ( to speak it out ) his plain knavery in this instance following , in a certificate under the hand of a minister and an eye-witness thereof . a certificate from a minister touching mr musgrave's base offering to compound to desist prosecution of an honest man , by him accused for a certain sum of mony . about the beginning of february , . captain crakanthorp and john musgrave procured an order from the committee for complaints at westminster , to summon several gentlemen within the county of cumberland to appear before the said committee , to answer to a charge layd against them by the said captain crakanthorp and john musgrave , who alledged , that they had sustained loss or damage by those gentlemen ( being justices of the peace within the said county ) to the value of two thousand pounds and upwards ; which order the said informers shewed to captain dowson and my self , then being at london . we friendly demanded of them , what injury they had received from william brisco , esq now high-sheriff of the said county , being one of those gentlemen whom they accused , and whom they had order to summon : and finding , by their unsatisfactory answer , that a matter of mony would pacifie them , and prevent this appearance , we acquainted mr edward brisco , a merchant in london , and brother to the said william brisco , esq of their intentions , so far as by their discourse we could judg of them ; mr edward brisco was willing to promise a considerable sum of mony , though without his brothers privity , hoping he might thereby procure a discharge from the complainers , and withall an engagement under their hands to free his brother from all future trouble , which accordingly was effected , and the sum agreed upon , viz. l. presented before them , upon the sight and promise whereof , the complainers engaged to acquit the said william brisco from all future troubles , assuring us that they would not molest or accuse him directly or indirectly , by themselves or others , for any injury or offence done , or pretended to have been done , by him , either in particular against them , or in general against the state , of which they protested they were able , and wovld accvse him , if they received not present satisfaction . they on the other side required bonds , besides the present payment of the mony , for assurance from the said edward brisco , captain dowson , and my self , that we would not discover this their act and deed to any other , least the report thereof should prejudice their proceedings against the rest of the gentlemen , of whom they hoped to receive like satisfaction : their engagement for acquiting mr brisco , together with the mony , which then lay upon the table in a bag , he the said mr edward brisco immediately pocketed , pretending that he desired to be advised by some lawyers , whether this engagement of theirs was full and satisfactory , or not ; and so leaving them that had delivered their engagement , and not received their mony , he went home , and that night shewed the paper to major salloway , a member of the house , who assured him , that he would acquaint the house with it . this i am willing to depose upon oath , whensoever i shall be called thereunto . jos : nicholson , minister of gods word at thursby . mr edward brisco is now in the city , and ready to make oath of what is expressed in this certificate . here follows the release which this musgrave writ with his own hand . whereas mr richard crakanthorp and john musgrave , gentlemen , have exhibited certain complaints to the parliament against william brisco , esq as well for certain wrongs done to us in particular , as also for publique wrongs , or dis-service to the parliament , and their adherents , and have obtained summons against him ; now these presents are to satisfie all whom it may concern , that edward brisco , brother of the said william , hath payd us thirty five pounds on his brothers behalf , for the wrongs done , in consideration whereof we do by these presents promise , and covenant , to , and with , the said edward brisco , that we shall not at any time hereafter prosecute the said william brisco for the causes aforesaid , or any other wrongs by the said william committed against us , or other person or persons whatsoever . he acknowledged this engagement and discharge to be his own hand-writing before the commissioners at goldsmiths-hall very lately . now judg reader ( if i may be a little pleasant with thee ) whether here was not a knave and a knavecatcher well met . take here another instance , and that shall be of his tyranny , cruelty , and indeed barbarism , set forth upon the best terms of concealment , and that by his own hands , in an apologetical letter written to col. fitch , governor of carlisle , who required an account of a captain , and some souldiers that were assistant unto him in the execution thereof . to his much honored friend colonel fitch , governor of carlisle , these deliver . sir , this evening i received a letter from captain place , wherein he intimates , that he is commanded to bring two of his soldiers before you to carlisle , upon my father in law mr vaux his complaint , that they took him forth of his bed , and carryed him a mile in his shirt , and that they took and detained a horse of his worth l. the captain was desirous that i should come along with them to give account of the thing , so far as i knew , and the same related to my mother and me , which very willingly i would have done , if i had not been constrained the audite to morrow , by appointment from mr pollard , the states receiver , i ( being the states steward for the honor of penrith ) might neglect that service , but to morrow night i shall be , god willing , with my brother graham at newbygin , and the next day at newlathes , to hold the leet for my ancient friend captain sikes , purchaser of the manor of john de chappels , whither if you send , upon notice i will wait on you , so be i may , according to law , be free from arrests , which in that corporation may causless be layd upon me for vexation , as often heretofore hath been done , i speak not this that i know or fear any just cause , for i never concealed my self , and shall be ready to appear gratis at westminster to any action : in the mean time take a short account of what i know there concerning ; i doubt not but you have heard of the difference betwixt me and mr vaux , and him and my mother , and how , while the late kings party was master of this county , wickedly he used her , and endevored to have starved her ; for the committee of this county ordered her l. per annum , till she could obtain relief in a legal way , which order he never observed , not to speak of his wilful contemning the present authority , refusing to answer any proces , or obey any order therein , for which , at my suit some fourteen days since , he was proclaimed by the sheriff , and upon an order under seal out of the high court of chancery for l. l. arrearages , and fourty pounds per annum , upon an attachment by a special warrant from the sheriff of this county , to me and thomas graves and others directed , he was arrested : the maner was thus , before any souldier was quartered with my mother , we went to kelbarrow , and his chamber door being open , and he in bed , we peaceably entered , and desired him to rise , which he refused to do ; then i told him , he was a prisoner ; whose prisoner ( quoth he ? ) i said , my prisoner , wishing him to rise and put on his clothes ; i shewed him the warrant under seal , and read it unto him ; but he said , it was a counterfeit warrant , and he would not obey it , and if we had him , we should take him naked ; so finding him obstinate , we took him out of his bed , and brought him into the hall , and set him in a chair , wishing him to put on his dublet , which thomas grave brought out of the chamber , but he would not , fearfully cursing me , and my mother : i offered to fetch his breeches , but he cryed out , i went to rob him ; so i forbare , wishing his man there present to fetch his clothes , but he commanded the contrary : i offered him , if he would give security to appear and answer the court , i would accept it ; or if he would go to mr sandersons , or any other friend , i would carry him thither , desiring him still to put on his clothes , which after long refusal , fearing his tenants coming in to rescue him , as sometimes they had done , we horsed him , and cast a cloke about him even per force , and carryed him to laths , not half a mile from his own house , where he was taken , and with much entreaty got him to go to bed , he still refusing to put on clothes , which the good-wife of the house brought him ; and after henry dacre came to him , and brought his clothes , he caused them to be sent away : i offered dacres to accept bond for his appearance without going further , but dacres went to the undersheriff and brought a discharge , a copy whereof i send you . that night late i went to catterben to see how things were with my mother , where i found these two soldiers quartered , as they said , by orders ; they were much discontented with dyet and lodging , wanting indeed all fit accommodation , having neither fire , victuals , or bedding for them ; some words passed betwixt them and me : i told them , my mother was a forsaken woman , had nothing but that great empty house , her husband not allowing her common necessaries , and contempting all orders made for her , desired them to go to him , and quarter there , or cause him to bring in provision , and she would make it ready , and if that would not serve , they must bring it with them , for they could not have it where it was not : that night they layd upon hay with such coverings as she had , dis-furnishing her self , and sup'd with big-pottage , fare coarse enough . the next day i shewed them mr vaux his man in the field , but he would not come neer us , though none intended him harm ; the souldiers finding the man so refractory , horsed after him , and a while after brought the horse , dear of six pounds , being lame , into the courting , which my mother took from the souldiers , and which she sent away to be sold without the privity or consent of the soldiers : what she hath done , she will maintain and justifie , and when that mony is spent , as most of it be , she must fetch more from him ; for four years she had not any thing from him , whereby she contracted great debts , and if god had not enabled me to travel for her , he had starved her long ere this ; perhaps ere long you may have a larger view of all his doings in print . yesterday after i came from keeping the leet at feverham for the state , i finde two soldiers more quartered with my mother ; this morning i sent to the constables who layd them upon her , wishing them either to provide for them , or take them away ; but they said they durst not do any thing without mr vaux consent : mr vaux hath complained to a councel of war at penrith , but they finde no cause to interpose amongst us in these civil differences : this day i acquainted major rippon with my mothers burthens and condition , and he took off that charge for the present , as by the enclosed you may perceive . i desire you for the future that my mother may not be troubled with billeting any souldiers , till there be a setlement betwixt her and her husband , for avoyding the like disturbances as these : i have been larger , then i intended , but you have nothing but truth ; for mr vaux his uncivilities to us are not worthy mentioning . i take leave and rest , yours , wherein i may serve you , john musgrave . catterben-hall , . moneth , . judg again reader , didst thou ever see such tyranny upon the dunghil in all thy life before ? what ( think'st thou ) would it advance unto , was it upon the throne ? look back upon the instance , tell the aggravations thereof : a poor old man of seventy years of age , in time of peace , having his chamber door broken open , taken out of his bed , in the winter season , in the north of england , put naked upon a horse , for neither felony nor treason , by his wives own son ( this musgrave ) and so carried away towards this wretched mans house , and compel'd ( for fear the old man should dye , or rather of the reward of a murtherer ) to hasten him into a milners house by the way , and put him into bed , hardly able to keep life in him , and all for so small a matter as is here specified : would not a man think that the great tormentor of mankind was mew'd up in this musgrave , and that a few more of such musgraves would render those places where they were , as if hell was broke loose , and the inhabitants thereof had dwelt therein ? i shall forbear any further digging in his own dunghil ; for the truth is , i loath the work , and it shall be pure necessity that shall re-compel my pains of this nature , if ever i attempt it the second time : no more now but only this ; he pretends himself the grand advocate for the godly ministers in the northern counties ; if you may judg of his clergy clients by one or two of them , whose cause he solicited very lately before the committee of plunder'd ministers , you may quickly ghess what ministers they are : and for thy satisfaction herein , read the orders of the said committee after full hearing of both of their causes . at the committee for plundered ministers , february . . upon the complaint of mr john musgrave on the behalf of mr morland , ejected out of the rectory of graystock in the county of cumberland by sir arthur haslerig , and other the commissioners , for propagating the gospel in the four northern counties , the said mr morland appealing against the judgment of the said commissioners , and being now present with the said mr iohn musgrave , his solicitor , to make good the said appeal , it is admitted on both sides , that the cause of the said mr morland his ejectment out of the said rectory , was for insufficiency for the ministry ; and that he appearing upon examination before the said commissioners ( as is in behalf of the said commissioners affirmed ) to be grosly ignorant , and therefore unable and unfit for the work of the ministry , they have adjudged him a scandalous minister : but the said mr morland standing upon his justification , submitteth himself to a re-examination before this committee ; and being now re-examined before this committee in presence of his said solicitor mr iohn musgrave , and all parties concerned , it appeareth to this committee upon the publique examination of the said mr morland , that he is notoriously ignorant even of the very fundamentals of christian religion ; and the said mr morland having nothing more to say for himself , nor his said solicitor mr musgrave on his behalf , this committee do upon full hearing adjudg , that the said mr morland is a very scandalous minister in regard of his said ignorance , and do approve of the said commissioners ejecting him out of the said rectory for the same , and do therefore order , that the orders of the said commissioners for his said ejectment shall stand , and the same are hereby confirmed , and that the said appeal be , and the same is , hereby dismissed . gilbert millington . at the committee for plundered ministers , february . . upon the complaint of mr iohn musgrave on the behalf of mr lampit against sir arthur haslerig , and the rest of the commissioners for propagating the gospel in the four northern counties , the said mr lampit appealing against the judgment of the said commissioners for removing him out of the rectory of aiction in the county of cumberland , and being now present with the said mr iohn musgrave his solicitor to make good the said appeal ; it appeareth upon full hearing of what the said mr lampit and mr musgrave could say , that mr lampit was not ejected out of the said rectory by the said commissioners , for that the said mr lampit by his own shewing and confession acknowledged that he had no other title unto the said church , but the election and entertainment of some of the said parish thereunto , they having no authority at all to present ; and that the said commissioners taking notice of the vacancy of the said place ( the former incumbent being lately dead ) did , according to the authority vested in them by the parliament , settle mr nichols , minister of the said church , an able and painful preacher , who is freely received and entertained by the said parish , and the pretended choyce of the said mr lampit by them the said parishoners wholly retracted . now therefore in regard the said mr lampit claimeth only by intrusion , as afore-said , without any right , and the said commissioners having found it so before them , and thereupon otherwise disposed of the said living according to law : the said mr lampit and mr musgrave having nothing more to say , this committee finding that the said mr lampit or mr musgrave had not the least just cause of complaint against the said sir arthur haslerig and commissioners for putting the said mr lampit out of the said rectory of aicton , do approve of the proceedings of the said commissioners , and confirm the order by them made for disposing the said rectory , and do dismiss the said appeal . gilbert millington . his post-script is as full of the same spirit of malice and scandal as his prescript , belching out falsities and forgeries by thousands ; affirming , that sir a. h. partly by oppression , but mostly by buying the commonwealths lands at a far under-rate , hath gotten an estate worth or thousand pounds per annum : a man would have thought he had spent his poyson in the body of his pamphlet ; but it seems he hath a spring thereof in his bowels that can vent it self without end : sir arthur is a man of estate , honour , and conscience , and therefore no probable friend to levelling principles ; he hath been a purchaser of bishops lands , and is not this a clear evidence of his dis-affection to the commonwealth , and a manifest testimony of his scotish malignancy ? all which he hath bought at a far under-value , the surveyors returning the prizes as sir arthur desired : what forsworn wretches were these surveyors ? what , all musgraves ? not an honest man amongst them ? sir arthurs man pearson buys lands also : who can endure to see such thriving ? is not this worthy of complaint to the councel of state ? col : fitch also wrongs the whole country : this is most apparent ; for he would not suffer one of his captains and souldiers to abuse musgraves father in law ( as you lately read ) but he calls them to account for it : no man but musgrave is sensible of his countries misery under sir a. h. misgovernment , and his malignant iustices , contrary to his engagement to the councel of state , all which is submitted to that honorable councel , who hath declared it false and scandalous . post-script . john musgrave , one word of counsel ( before we part ) and then farewel : let us hear no more complaint of oppression from an oppressor , nor of tyranny from a tyrant ; you know they are not always the honestest men that cry loudest stop thief : if you love the commonwealth , seek not to ruine her common-worthies ; though you have quit the scotch interest , yet love your scotch wife ; you know the meaning ; there is more hope of a babe of grace of her , then of another : if i should tell you of loosness in bonds , of liberty in prison , of a fleet on the dry ground , i presume you able to expound all these aenigma's ; if you cannot , you may have an interpreter , time enough . reader , it is very likely that thou hadst never been tempted to bestow thy labour in perusing this answer unto that inconsiderate , malicious , and indeed self-confuting pamphlet , written by musgrave ; for sir a. h. inhibited the publication hereof , resolving to let shemei curse and rail , as presuming that the lord might send even a messenger of satan to do him good , and that he would have rebuked him in the hearts and consciences of all his readers : but upon the perusal of another answer to the said musgrave , printed at newcastle , and sent unto london , sir a. h. being altogether ignorant thereof , and unconsulted therein , and several things respecting matter of fact in answer to musgraves articles against sir arthur therein specified not so satisfying , it was thought convenient to call out of its adjudged darkness , and to expose it unto the publique view . farewell . finis . notes, typically marginal, from the original text notes for div a e- * for so it appears . notes for div a e- job . . roger l'estrange's queries considered and some queries put, for the consideration of those persons whose judgments are in danger of being again poysoned by the snare of smooth words, calculated to the humour of a biggot for helping the indigent case of king james, and vindicating the non-abdicators. harrington, james, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing r estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) roger l'estrange's queries considered and some queries put, for the consideration of those persons whose judgments are in danger of being again poysoned by the snare of smooth words, calculated to the humour of a biggot for helping the indigent case of king james, and vindicating the non-abdicators. harrington, james, - . p. printed for john palmer, london : . caption title. imprint from colophon. attributed by nuc pre- imprints to harrington. reproduction of original in the harvard university library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng l'estrange, roger, -- sir, - . great britain -- politics and government -- - . great britain -- history -- william and mary, - . - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion roger l'estrange's queries considered ; and some queries put , for the consideration of those persons , whose judgments are in danger of being again poysoned by the snare of smooth words ; calculated to the humour of a biggot , for the helping the indigent case of king james , and vindicating the non-abdicators . . whether the church of england ought not to be content , and very grateful , that the king has so often declared himself for the church of england , without obliging his majesty on pain of their displeasure ( and no less a scandal than presbyterian in his heart ) to subjoyn a profess'd abhorrence and inveterate enmity against all his dissenting subjects ? . whether the church of england or dissenters have most made it their business to libel the present king , or whether indeed they ever did libel him to the degree of our query-maker in his sixth query ; and whether it be the sin against the holy ghost , for the dissenters to glory in the friendship of their king , who has given them his royal word for his favour and protection in the liberty of their conscience , which is so much repined at , and the king so much hated for ? . whether it be really the church of england ( or our query-maker only that makes her so ) that makes her self a sanctuary for all the offenders of the last reign ? and if so , what she can answer to her excluding the late king james , while none of his instruments are thought guilty enough to suffer , no , nor to be excluded doing the same things again , if they have opportunity ? . whether also it had not been as mannerly in our inquirer to have set down a list of all those members that stood in need of indemnity . to make out that it was a majority ? or whether his credit be good enough to pass without proof , who stands in so much need of an indemnity himself , and of a pillory now for traducing gentlemen of the house of commons as republicans or old rebels , because against his will they voted his present majesty king , and took the sword of persecution out of the hand of the church of england ? . whether his third query be not insinuation enough to make the church of england loath him , who foster upon them his own spirit of blood and war , so contradictory to the known and practised doctrine of the church , charity and passive obedience ? and what but rebellion can this libeller insinuate , when he says , the church of england will be esteem'd cowards and stupid , if they do not awake against those his majesty has taken into his protection ? . whether this fellow is not a fit person to be hugg'd by the church of england , that shall boast in print that our army in ireland are but remains of regiments , and proposing other means to reduce ireland than giving taxes , ( viz. recalling k. james ) if he does not mean that , we desire him to name those other means , not doubting majesty , as well as the nation , will take it very kindly of him , to put us in a way to reduce the kingdom without money , or a way for money without taxes ? . whether any dissenter ever denyed his fifth query ; or what his reason is for putting it ; or how he will prove all those qualifications upon any member of the house . . whether it be sit for this query-maker to call in question the actions of parliament ; and if it be , how he will make it out that the house changed the right of succession ; and how will the church of england answer to a charge against their boasted loyalty , for suffering an impudent scribler to call the making his majesty king , a voting queen mary out of three kingdoms ; or whether this be not such an affront to his majesty and the present government , as any subject that has respect for either cannot but regret ? . whether it is not as likely they should be his majesties friends that voted for making him king , as those that were against it ; and whether ever the king told this query-maker , he was sensible they had republican designs in doing it ? . whether the temper of those members does not deserve censure , who were so hasty for a general pardon , that they could not stay to think of making inquisition for blood , that so the guilt of all the blood spilt in the late tyranny might devolve on the nation , but preferr'd their own security against the lash of the law , to the just retribution that god almighty expected from their hands , in whom he had placed the dispensing of justice , and to the king 's being just to his declaration . . whether it was not a sign of an excelling loyalty in those members who so carefully provided that the king should swear at his coronation to protect the bishops in all their episcopal rights , who at the same time refused to swear allegiance to him , or to own him as their head. and how much it went against the grain to have them suspended for it , is discernable in every query he makes ? . whether whipping oats was not an instance of tyranny and cruelty , in a nation that of all the world pretends to humanity , and to have no tortures practised ; and whether the opposing that reversing vote , was not more to shew their good will than any spleen to the man himself ? . whether if all these things do not unqualifie a member for a place in the house , qu. . why being banished by the cruelty of an abdicated tyrant , should unfit a man for the service of his countrey , remains to be proved ? . whether the boasting of loyalty and the church of england may not evince a factor for popery , as well as saying , i am a true engilsh man , proves one to be none ; and whether the loyalty so lately in vogue , and the zeal for the church , was not more in the mouths of those very men , who since in france and ireland went openly to mass , than in any other ; and whether the church of england are not now too much awake to be so ridden again ? . whether england is reduced to so much exigence , as to make composition for time with the states of holland , for what they expended on our account ; and whether this gentleman is not for lessening our figure in the world , and our value abroad , which is indeed much for our interest , by having a message sent to the states , viz. may it please your high and mightinesses , your poor , and needy brethren of england are not able yet to repay you , but if you will have patience with them , they will be very honest , and pay you all . and further , whether this gentleman ever look'd over the act for repaying the dutch , to see how many years it will be before they will have their money ? . whether the gentleman did not design to leave some unanswerable query in his paper , by not telling who did so , that so we might not examine the particular case ; and whether if any member saw an act of parliament evaded , and the king cheated , as he was most loyally in that bill , it was not a noble and generous honesty to move for a just review even among his best friends ? . whether his th . query has not a little nonsense in it ; and whether he can shew any particular quality in the parliament of k. james the second , to distinguish them from all parliaments that ever was , save that there was a full brigade of sword-men in it , for which he in particular quarrels at this parliament , in which are very few ? . whether any man may not start questions that no man can answer ? or what scruples any man made at the actions of k. james , which he so much repented of as to make him desist in point of conscience from standing at the last election ? and for a query by the way ; whether it is not likely they have some other end than a bare serving their countrey in the house , who bid so high for votes , that an honest man that has no self-end cannot afford to give ; and that for the pure and single benefit of religion , and propagation of the church of england , debauch the nation with drunken treats , to engage them to choose them to sit in parliament , that they may plead priviledge in barr of their just * debts ; and whether this was not a grand reason why a bill for regulating elections has so often been offered , but could never pass in the last house ? . whether the th query be not the bottom of all the rest , and the onely card they have to play , who watch for our division to overturn the government once again , in hopes of reaping the sweet harvest of a common calamity , to make amends for their present poverty , who formerly made great gain of the pretence of religion . heu ! quantum profuit haec fabula christi ? . whether it is likely this libeller shall be judge of the good nature or sence of the people of england , or that his opinion must be the standard of elections to come ? . whether his reflection on mr. sachaveril , and publishing a list of members , is not more their honour and vindication than reflection , especially from his sordid scandal on them in his second query ? . whether , to give one instance of the ingenuity and generosity of the party this fellow pleads for , it be not very remarkable , how our four new candidates for london stood by , and see a profligate drunken fellow , that calls himself of the church of england , bid the sheriff of london , executing his office with unquestionable and indisputable integrity , kiss his posteriors on the hustings in guild-hall , and not so much as reprove him for it , much less commit him , as they ought in honour to have done ? and whether in doing it they had not gained more honour , and more vindicable credit , than by clandestine calls on the livery , forestalling of votes , and sunday cabals , engaging an interest for their election ? . whether the kings late letter for the reforming the clergy and the whole nation , has in it any such horrible thing , as to have it publickly called a damn'd phanatical cant ? and whether the church it self ever pretended to be so infallible as to need no such admonition , or that no reformation can be made in it , either in its hierarchy or in its members , that can fall short of presbytery and phanaticism ? . whether dr. sherlock's appearing in the pulpit after a deprivation by act of parliament , be not the effect of the same spirit ; who being advised by the learned in the law , and permitted by his superiours in the same circumstances , dare openly affront the government , and bid defiance to an act of parliament , as a further testimony of the practice as well as profession of the doctrine of passive obedience ? lastly , why the church of england , should after all the publick acknowledgments of their calling in the p. of o. and after their solemn joyning with him in his enterprize , and thanks to him for performing it , and to god for the success , now strive to have it agreed , that he came in by conquest , which is past my learning to unriddle , and very little for the honour of the nation for them to acknowledge . london , printed for john palmer , . notes, typically marginal, from the original text notes for div a -e * i do not mean sir peter rich. the opinion is this, that resistance may be vsed, in case our religion and rights should be invaded johnson, samuel, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing j estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the opinion is this, that resistance may be vsed, in case our religion and rights should be invaded johnson, samuel, - . p. printed for j. watts ..., london : . caption title. attributed to samuel johnson. cf. blc. reproduction of original in huntington library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng freedom of religion -- early works to . church and state -- england -- early works to . great britain -- politics and government -- - . - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - tcp staff (michigan) sampled and proofread - tcp staff (michigan) text and markup reviewed and edited - pfs batch review (qc) and xml conversion the opinion is this : that resistance may be vsed , in case our religion and rights should be invaded . the arguments against it , are these : first , that the christian religion doth plainly forbid the resistance of authority . [ quaere , who has authority to invade the established religion and rights of the nation ? is any one impowered by the laws to invade the laws ? ] secondly , that though our religion be established by law , which makes a difference between our case and that of the primitive christians , yet in the same law which establishes our religion , it is declared , that it is not lawful , upon any pretence whatsoever , to take up arms against the king or any commissioned by him . [ neither doth this reach the question , for the king can do no wrong , nor in the second place , can he commissionate any person to invade the established religion and rights of the kingdom ; for a commission of that kind is not a commission in law , it is null , and void , and nothing . ] besides that , there is a particular law , declaring the power of the militia to be solely in the king. [ to do what ? to invade the established religion and rights of the kingdom ? if you read the whole act you will find the direct contrary . ] and that tyes the hands of subjects , though the law of nature , and the general rules of scripture had left us at liberty ; which i believe they do not , because the government and peace of humane society could not well subsist upon these terms . [ as if the established religion and rights of a nation , which are the very ends of government and of humane society , were best secured by being laid open to invasion , and exposed for a prey . ] thirdly , this opinion is contrary to the declared doctrine of all protestant churches ; and though some particular persons have taught otherwise , yet they have been contradicted herein , and condemned for it by the generality of protestants . whereas the following testimonies will prove it to be no singular opinion , but held by the most eminent protestants both at home and abroad : and they give such reasons for their opinion , as may at least excuse those persons who are of the same perswasion , till such time as those arguments are answered , as well as the opinion condemned . to begin with luther , with whom the papists say untruly our religion began , but who was indeed a person , whom it pleased god to make the great restorer of religion to this last age of the world. sleidan not only tells us , that he was of this opinion , but likewise how he came to be of it , when he had formerly held the contrary . the words are these : sleid. com. lib. . prius quàm foedus iniretur , in concilium adhibiti fuerunt non iureconsulti modo , sed theologi quoque● lutherus semper docuerat magistratui non esse resistendum , & extabat ejus h●● de re libellus : cùm autem in hâc deliberatione periti juris docerent legibus esse permissum , resistere nonnunquam , & nunc in eum casum , de quo leges inter alia mentionem faciant , rem esse deductam ostenderent , lutherus ingenuè prositetur , se nescivisse hoc licere : et quia leges politicas evangelium non impugnet aut aboleat , uti semper docuerit , deinde , quoniam hoc tempore tam dubio tamque formidoloso multa possint accidere , sic ut non modo jus ipsum sed conscientiae quoque vis atque necessitas arma nobis porrigat , defensionis cau●à foedus iniri posse dicit , sive caesar ipse , sive quis alius fortè bellum ejus nomine faciat . edito quoque scripto primum explicat , quàm fuerint in augustae comitiis obstinati pontificii , deinde monet in universum omnes , ne magistratui ad ejusmodi bellum imperanti militiam obtemperent . doctrinae verò pontificiae complures & gravissimos quidem recenset errores , quos ait ab illis propugnatum 〈◊〉 qui se castris illis adjungunt : quà quidem in re summum nefas inesse dicit : quanta sit etiam lux illata mentibus hominum hoc tempore per evangelii cognitionem demonstrat , & à tam impii belli societate temperandum esse docet . in english thus : before the princes and cities entered into an association , they took the advice not only of lawyers , but of divines also . now luther had always taught , that the magistrate might not be resisted , and there was a little book of his extant upon that subject . but when the lawyers in this consultation shewed , that resistance was allowed by the laws in some cases , and made it appear that the present case was one of those whereof the laws made mention , luther ingeniously professed , that he did not know the lawfulness of it before , and now said , that being the gospel doth not bar nor abolish the laws of the state , as he had always taught ; and furthermore , because in this uncertain and dangerous time many things might so happen , that not only matter of right , but also the force and necessity of conscience might occasion us to arm ; therefore an association might be entered into , to defend our selves , in case caesar himself should make war upon us , or any one else in caesar's name . he put forth a book likewise , wherein he first shewed how obstinate the papists were in the diet at auspurgh , and then warned all men in general that they should not obey the magistrate , if he raised the militia for such a war. he reckoned up very many and very gross errors of popery , to shew those who sided with the emperour , what things they would fight for , and consequently how great a wickedness it was : he shewed how much more light than formerly men now had by the knowledge of the gospel , and that they ought not to engage in so wicked a war. there were seven princes , and twenty four protestant cities , which entered into this association , some of whose arguments and reasons for it , we have upon record , in the following books of the same historian . the saxon and the lan●grave in their declaration , september , which was in answer to the emperours , from his camp at ingolstadt , have these words : sleid. com. l. . quid caesari debeant principes , quid invicem ipse praestare deb●at , abunde nobis constat : ut nos illi , sic ipse vicissim nobis obligatus est : quod autem indictae causâ nos proscribit & omnibus possessionibus dejicere conatur , in eo juris vinculum dissolvit , quo clienti seu beneficiario devinctus est invicem patronus . iam quod rebellionem nobis objicit , nihil est , & scit ipse , nobis injuriam fieri . we know very well what duty the princes owe to the emperour , and what on the other side he himself ought to perform : we are mutually bound to one another . now because he proscribes us without any process of law , and endeavours to throw us out of all our possessions , in so doing he breaks that bond of the law , whereby a lord and his client or beneficiary are bound to each other . as for his charging us with rebellion , there is nothing at all in it , and he knows in his conscience that we are wronged . and presently after , quod si pactis stetisset atque decretis , nos etiam nostrum officium eramus facturi : sed quoniam ea violavit , & verò praecipua debetur deo obedientia , sibi culpam ipse tribuat . etenim quia religioni molitur exitium atque libertati , causam praebet , cur ipsum oppugnemus bon● conscientià . cum enim in eum casum res devénit , licet resistere , sicut & sacris & prophanis historiis demonstrari potest . nam injusta vis minime deum habet authorem ; nec alia ratione sumus ei devincti , quam si conditiones , quibus est creatus caesar , impleat . now if he had stood to his former compacts and decrees , we also should have done our duty ; but because he has broken them , and besides , our obedience is due to god in the first place , let him lay the blame upon himself . for being he endeavours the destruction of our religion and liberty , he gives us cause to oppose him with a good conscience . for in that case it is lawful to resist , as may be made appear both from sacred and prophane history . for unjust violence is by no means the ordinance of god ; neither are we any otherwise bound to him , than upon performance of the conditions , upon which he was made emperour . the city of magdeburg likewise in their writing , march , and the ministers in april , to the same purpose , sleid. com. l. . primo docent , neque divino neque humano jure se posse convinci rebellionis . postea demonstrant eos , qui contra se sumunt arma , bellum ipsi christo facere , &c. deinde facilè quivi● intelligit , quàm non liceat vim nobis inferre . they first shew , that they could not be proved guilty of rebellion either by the law of god , or the law of man. then they demonstrate , that those who took up arms against them , made war upon christ himself , &c. and afterwards they say , every body easily understands , how utterly unlawful it is to offer any violence to us . so much for luther himself and the league or association , which comprehended most , if not all the churches of that denomination . and melancthon often inculcates all over his writings the same maxime of luther , which indeed was st. chrysostom's before them both : that the gospel doth not bar the laws of the state ; that it does not erect a new government , but leaves the government as it found it . and therefore where the laws and constitution of a government allow of a defence , the gospel does so too . and in his commentary on the proverbs , upon those words of solomon , prov , . ● , . my son , fear thou the lord and the king , and meddle not with them that are given to change , ( that is , joyn not with them who would change our religion or government ) for their calamity shall rise suddenly , and who knoweth the ruine of them both ? he writes thus : concedit autem evangelium uti legibus politicis cum ratione congruentibus . im● si talis defensio non esset concessa , transformaretur evangelium in doctrinam politicam , & stabiliret infinitam tyrannidem . the gospel allows us to make use of politick laws which are reasonable . nay , if a lawful defence were not allowed by the gospel , the gospel it self would be transformed into a state-doctrine , and would establish infinite tyranny . or , as he says in another place , it would command infinite slavery , which it does not . non constituit evangelium novas politias , quare nec infinitam servitutem praecipit . artic. symbol . nicen. sub quaest. hic autem quaeritur , utrùm armis reprimendi sunt tyranni , praecipientes ut faciamus contra mandata dei ? in his common places under the title vindicta , upon those words of our saviour , he that takes the sword , shall perish by the sword. he says thus : accipere gladium , est non datum à legibus stringere . ergo qui vim injustam infert accipit gladium , è contra verò qui justâ defensione utitur , non accipit gladium , sed stringit datum à legibus . for a man to take the sword , is to draw it when it is not put into his hands by the laws . therefore he who offers unjust violence , takes the sword ; but on the other hand , he who uses a just defence , does not take the sword , but he draws a sword which the laws put into his hands . and to name no more places , in his commentary on the rom. upon those words , wherefore ye must needs be subject , not only for wrath , but also for conscience sake . neque vero haec tantum pertinent ad subditos , sed etiam ad magistratum , qui cum ●iunt tyranni , non minùs dissipant ordinationem dei quàm seditiosi . ideo & ipsorum conscientia sit rea , quia non obediunt ordinationi dei , id est , legibus , quibus parere debent . ideo comminationes hic positae etiam ad ipsos pertinent . itaque hujus mandati severitas moveat omnes , ne violationem politici status putent esse leve peccatum . neither do these words only concern the subject , but also the magistra●es themselves , who when they turn tyrants , do overthrow the ordinance of god no less than the seditious . and therefore their consciences are guilty too , because they obey not the ordinance of god , that is , the laws , which they ought to obey . therefore the threa●●ings which are here set down , do pertain likewise to them . let all persons therefore be moved , by the severity of this command , not to think the violation of the constitution , to be a light sin. and when i have quoted zuinglius too , i have quoted the three first reformers . he therefore in his pious and friendly admonition to the republick of the switzers , discourses much of his country's throwing off the yoke of oppression , and reckons that st. paul was of the same mind , when he says , but if thou mayest be made free , use it rather ; which eternal counsel of god , our valiant ancestors following , with undaunted courage , were blessed with wonderful successes , &c. pia. & amica parensis ad suitensium remp. p. . quo animo ipsum quoque paulum dicere existimo , si potes liber ●ieri , ●tere potius , cor. . quod aeternum dei consilium patres nostri fortissimi viri infracto animo secuti , miris victoriarum successibus , ut sempachii nevellis , &c. et paulo supra , ipse dominus libertatis author existit , & honestam libertatem quaerentibus praesto est . but in his opus articulorum , art. , , . he is the coldest comforter , if not the most merciless insulter , in the world , over a people that lies under oppression : for he will not suffer them to complain . he says , they deserve what they suffer , and a great deal more ; they have no wrong done them ; and he bids them perish with their oppressor . they that list may see the place ; where , amongst other things , they will find he says , that the dreadful plagues that followed the iews , ier. . , . upon account of the wickedness of manasseth , and the bloud which he shed in ierusalem , were most just punishments , and deservedly inflicted upon that people , because they suffered him to do it , &c. it was the misery of most of the protestants in other countries , as well as those in germany , in the beginning of their reformation , to fall under oppression ; particularly the french , scotch , and dutch protestants : and it is well known they all defended themselves , and used resistance ; which in scotland ended in an established reformation ; in holland , ended in an absolute freedom both from the popish and spanish yoke ; and in france , ended in a free exercise of their religion , but was soon interrupted by the true popish faith , and friendship of a massacre , so that they were forced to fight all over again . i desire that it may be observed , that neither these germans , scotch , dutch , nor french , in their first war , ever pretended that their religion was established by law , and thereby made a part of the government of their country , which men by their allegeance are bound to defend ; but they used resistance to repel the violence which was done only to their civil rights , and to the native liberty of their consciences . it were foolish impertinence to cite the authorities of those that were engaged in this resistance ; and it were endless to cite all the forreign divines who lookt on , and applauded it , and called it the lord's battles : i suppose it will be more for every bodies satisfaction , to see what our own bishops say to it , and whether they will own those men for protestants , who were engaged in such proceedings : for which purpose i shall set down the words of three of them , bishop iewell , bishop bilson , and robert abbot , bishop of salisbury , men famous in this church . bishop iewel , in the defence of his apology , p. . hath these words : neither doth any of all these ( luther , melancthon , &c. ) te●●● the people to rebal against their printe , but only to defend themselves by all lawful means against oppression , as did david against king saul : so do the nobles in france at this day : they seek not to kill , but to save their own lives , as they have protested by publick writing to the world. as for us , we are strangers unto their case ; they themselves are best acquainted with the laws and constitutions of their country ; and therefore are best able to yield account of the grounds and reasons of their doings . bishop bilson , in his book of the true difference betwixt christian subjection , and unchristian rebellion , dedicated to queen elizabeth , being a dialogue between theophilus a christian , and philander a jesuit , ( so that jesuits did not go for christians in those days ) does justifie that defence which both the french and dutch made , upon supposition that it was according to the laws and constitution of their country , and permitted by them . says the jesuit , what their laws permit , i know not ; i am sure in the mean time they resist . theoph. and we , because we do not exactly know what their laws permit , see no reason to condemn their doings , without hearing their answer . phil. think you their laws permit them to rebel ? theoph. i busie not myself in other mens commonwealths , as you do ; neither will i rashly pronounce all that resist to be rebels : cases may fall out , even in christian kingdoms , where the people may plead their right against the prince , and not be charged with rebellion . phil. as when , for example ? theoph. if a prince should go about to subject his kingdom to a forreign realm , or change the form of the common-wealth from imperie to tyranny , or neglect the laws established by common consent of prince and people , to execute his own pleasure : in these , and other cases which might be named , if the nobles and commons joyn together , to defend their ancient and accustomed liberties , regiment , and laws , they may not well be counted rebels . phil. you denied that , even now , when i did urge it . theoph. i denied that bishops had authority to prescribe conditions to kings , when they crowned them : but i never denied that the people might preserve the foundation , freedom , and form of their commonwealth , which they foreprised when they first consented to have a king. bishop abbot , in his demonstratio antichristi , dedicated to king iames , being an answer to bellarmine , has a large discourse about this matter . the occasion of it is this , persecution of the godly being one mark of antichrist ; bellarmine endeavours to shew , that this mark did not belong to the pope , nor church of rome , because they were not guilty of persecuting , tho' there were then fresh instances of their persecuting in holland , in the paris massacre , and other slaughters of the protestants . but says bishop abbot to bellarmine , cap. . sect. . you think you have wiped away all that bloud with one word speaking , and by only saying , that the protestants did not fall by a persecution , but by a civil war ; and that many more of the papists were slain 〈◊〉 than the inquisitors had burned , perhaps in an hundred years . nevertheless the bishop still charges this bloud upon the papists , because the protestants entred into this war meerly for their own defence : in which , says he , if some of the papists perished , how can they be accounted any other than the authors both of their own death , and of the death of their country-men too , being they took up arms , either by the unjust vsurpation of their princes , or by the lust of some factious men , against the publick faith , against edicts and covenants , against the rights of their own country , against the prerogatives of the nobles , against the franchises and priviledges of towns and cities ? sect. . hic vero politica res agitur , quid principi juris per leges , cujusque republicae fundatrices promissum sit ; utrum potestatem habeat infinita● & nullo limite conclusam ; an vero moderatam & sive optimatum sive populi arbitrio magis minusve temperatam . romanus imperator mero & absoluto imperio gentibus praesidebat , arbitrio suo jubebat omnia , leges scripsit & rescripsit , summam vitae necisque potestatem habuit . quare nullo praetextu christiani poterant vim illorum temporum arcere , vel injurias prohibere quibus vexati sunt . illarum vero nationum principes quas commemoras , certos sibi fines constitutos habent ; quibus ubi excedunt , licere sibi sentiunt optimates vim injustam depellere , & iugum excutere , quo per nefas & contra leges oppressi sunt . cujus rei controvers●a non a religione tantummodo , sed ab aliis politicis negotiis exorta est . itaque rex hispanus , qui non nisi conventione & pacto principatum habuit provinciarum belgicarum , ubi pacto stare desisteret , & contra datam fidem superbe ageret , ipse se exuisse principatu illo putabatur , ut nihil causae esset provinci●s illis , quo minus se tu●ri armis , & ambitiosam tyrannidem avertere liceret . galliarum rex majestatem habet regni multo majorem , cui tamen pro lege est , bodin . meth. hist. cap. . principem contra leges nihil posse , & rescriptis● ejus rationem nullam haberi debere , nisi aequitati perinde ac veritati consentanea sint . porro est etiam proceribus reliquisque ordinibus suus honor & dignitas , quam regi violare nefas est . quam quùm non ita pridem senserunt heroes regni illius novorum quorundam hominum factione gravissimè laesam qui sub obtentu religionis ambitioni suae servientes , insano furore coelum terrae miscerent , & lamentabilem totius regni calamitatem minitari viderentur ( quippe omnia pro arbitrio suo facta infecta , rata irrita esse jubentes , & edicta publico jure pro conservanda pace promu●gata , libitu suo frustrari non dubitantes ) ceperunt illi quidem arma pro regis & regni suâque omnium libertate vindicandâ , nec ferendum sibi putarunt , ut armata contra leges paucorum hominum insolentia , leges divinas simul & humanas intollerabili audacia proculearet . pugnarunt ergo pro jure suo , non aliquo ecclesiae privilegio , quo illa sibi integrum putet armis se defendere , sed politicâ libertate , qua citra injuriam principis , erdinem suum legibus constitutum adversus hostes conjuratos , non inferendo bellum sed populsando tueri licebar . atque in hoc causa eorum a veteris ecclesiae ratione distinguenda est , quae absque ullo juris sui titulo , mero imperii placito subjacebat . quamdiu vero ita se res habuit , caedebantur , ut tu dicis , christiani , non caedebant ; qui tamen sub constantino principe , jure publico armati , non tam caedebantur quam caedebant , & profligatis tyrannis & licinio , iugum persecutionis a cervicibus ecclesiae depulerunt . pari ratione ecclesia nostra , cum longo tempore sub antichristo , nullis secularibus praesidiis adjuta , duram servitutem serviisset , postquam ex illis fluctibus , miserante deo , eluctari jam & emergere caepisset , & legum aliquod praesidium stantibus ab illa principibus & optimatibus obtimusse● , caepit catenùs uti viribus suis & armata manu munitam edictis & legibus & privilegiis ab importuna tyrannorum oppressione vindicare . quare principes galliae quorum interfuit providere ne publica libertas per injuriam opprimeretur , neve quae lege sancta esse debebant , surreptitiorum quorundam libidine pro irritis & nullis haberentur ( qui usque adeo hostes republicae comperti sunt , ut signiferum illius seditionis ducem guisium rex ipse henricus , & si religione cum eo consentiens , quia judicio agere non posset , repentino impetu confodiendum curaret ) bello injustam illam violentiam repellendam , & ecclesiam non nisi juste armatam , pro ea quam lege habebat libertate conservanda , in aciem educendam censuerunt : ubi qui de tuis partibus , bellarmine , ceciderunt , non injuria persecutionis , sed justissimae defensionis impetu perierunt . but here we are fallen into a political question , how much authority over the subjects was promised to the prince by the fundamental laws of every state ; whether he have a boundless and unlimited power , or whether it be measured and adjusted , and more or less mixed with the power and authority of the peers or people ? the government of the roman emperours heretosore was absolute and unmixed , they governed all at pleasure , they made laws , and they unmade them again , and had the soveraign power of life and death : for which reason the christians could with no pretence resist the violence of those times , or defend themselves against the wrongs which were done to them . but the princes of those countries which you speak of , have certain bounds set them , which when they pass , the nobles think it lawful for them to repel their unjust violence , and to shake off the yoke wherewith they are wickedly and illegally oppressed . and thus the king of spain , who had the government of the netherlands , only upon composition and compact , when he did no longer stand to his compact , and acted insolently , contrary to the faith which he had given , was thought to have devested himself of that government ; so that there was no reason , why those provinces might not lawfully defend themselves with arms , and get rid of an ambitious tyranny . the king of france is much more absolute , nevertheless this serves for a law to him , that the prince can do nothing contrary to law , and that his edicts ought not to be regarded , unless they be agreeable to equity as well as truth . besides , the peers and the rest of the estates have an honour and dignity belonging to them , which the king himself cannot violate : which , when the nobles of that kingdom were sensible was deeply wounded , by a faction of some upstart men , who served their own ambition , under a cloak of religion , turned all things upside down , and seemed to threaten miserable calamity to the whole kingdom , truly they took up arms to vindicate the king's and kingdom 's , and all their own liberties , and thought it not fit to be endured , that the insolence of a few men , which was armed against the laws , should trample upon all laws , both divine and humane , with unsufferable boldness . they fought therefore for their own right , not by any priviledge which the church has to defend itself with arms , but by their civil liberty , whereby , without any wrong to the prince , it was lawful for them in a way of defence , to maintain their legal establishment against their sworn enemies . and herein their case differed from that of the primitive church , which was subject to absolute imperial will and pleasure , without any title to rights of its own . now , while their condition continu'd thus , the christians , as you say , were killed , but did not kill ; notwithstanding , when under constantine the emperour , they were armed with a publick right , they were rather for killing than being killed ; and having vanquished several usurpers , and licinius the emperour , they threw off the yoke of persecution from the neck of the church . in like manner our church , when she had for a long time undergone an hard bondage under antichrist , having had no secular protection at all ; after she had begun , by the mercy of god , to get above water , and to rise from under those waves of oppression , and having by the princes and nobles standing by her , gained some protection of the laws , she began to use her own power , as far as she had it , and when she was now fortified with edicts , and laws , and priviledges , to vindicate herself with arms from the vexatious oppression of tyrants . wherefore the nobles of france , who were concerned to provide that the publick liberty should not be oppressed by wrong , nor those things which ought to have been established by the law , should be made null and void at the pleasure of some few forreigners crept in amongst them , thought fit to have that unjust violence repelled by a war , and thought fit likewise that the church , which was no otherwise than justly armed , for the preserving that liberty which she had by law , should be drawn out into the field : where , those that fell on your side , friend bellarmine , did not perish by the injury of a persecution , but by the stroke of a most just defence . but because it may be said , that these are private men , which i grant to be true , though their arguments seem to be of another nature , and look like the publick and common reason of mankind , therefore , to finish and perfect this business of authorities , ( with which , as some men are wholly led , so , i hope , others may be so far excused , as not to be haunted and tormented at a dying hour , and tempted either to despair , or die with a lye in their mouths . ) in the last place i shall shew , that the whole church of england , in several convocations , have justified the protestants in those defences , and not only maintained in words , the justice of their resistance , but , which is more , they laid down their purses to help them ; and charged themselves deeply with taxes , in consideration of queen elizabeth's great charges and expences in assisting them : as you may see in the preambles of the clergy's subsidy acts in that reign . quinto elizabethae , cap. . among other considerations , for which the clergy give their subsidy of six shillings in the pound , they have these words : and , finally , pondering the inestimable charges sustained by your highness , as well of late days in reducing the realm of scotland to unity and concord , as also in procuring , as much as in your highness lieth , by all kind of godly and prudent means , the abating of all hostility and persecution within the realm of france , practised and used against the professors of god's holy gospel , and true religion . the first thing in this passage is the queen's assistance of the scotish nobility in their reformation , wherein they were opposed by the queen of scots , who brought french forces into scotland , which is set down at large in our chronicles , stow , p. . the temporalty , in their subsidy act , at the same time , cap. . call this assistance , the princely and upright preservation of the liberty of the next realm and nation of scotland from imminent captivity and desolation . the other thing is the godly and prudent means for abating hostility and persecution within the realm of france . now history will inform us , stow , p. . that those means were the forces sent under dudley earl of warwick , to newhaven , to assist the french protestants who were then in arms. we have some men who would find another name for it , and would call this the abetting of a rebellion ; but the whole bishops and clergy , in convocation , call it , the use of godly and prudent means to abate hostility and persecution , practised and used against the professors of god's holy gospel , and true religion : for so likewise they call a parcel of men , who neither professed nor practised the modern religion of non-resistance . again , the clergy grant another subsidy , eliz. cap. . in consideration of her majesties charges , in the provident and needful prevention of such intended attempts , as tended to the extirpation of the sincere profession of the gospel , both here and elsewhere . the temporalties subsidy-act at the same time will explain this to us , in these reasons for their tax , cap. . besides the great and perpetual honour which it hath pleased god to give your majesty abroad , in making you the principal support of all just and religious causes against usurpers , — besides the great succours in france and flanders , which we do conceive to be most honourable , in regard of the ancient leagues , the justice and equity of their causes . and to the same purpose again the temporalty , eliz. cap. . this land is become since your majesties happy days , both a port , and haven of refuge , for distressed states and kingdoms , and a rock and bulwark of opposition against the tyrannies and ambitious attempts of mighty and usurping potentates . neither are the clergy in their subsidy-act , eliz. cap. . at all behind them , either with their money or acknowledgements . for who hath or should have a livelier sence , or better remembrance of your majesties princely courage and constancy in advancing and protecting the free profession of the gospel , within and without your majesties dominions , than your clergy ? so that if the french and dutch protestants were rebels in their resistance , then the church of england quite through queen elizabeth's reign , by their assisting of them , involved themselves in the same guilt . for it had been utterly unlawful , and a horrid sin to assist subjects in the violation of their duty and allegiance , and to aid them in resisting the ordinance of god. but this being too absurd to be believed of confessors , and men who had hazarded their lives for the protestant religion , it is plain that they held resistance to be lawful in these cases . and they have declared their opinion in this matter , where it was fit to be declared , in acts of parliament , though it be not to be found in their catechism . so that if they who hold the same opinion be in an error , they have erred with their fathers , they have erred with the church of england , and they have erred in good company . finis . licensed . london : printed for i. watts , at the angel in st. paul's church-yard . . some queries concerning the election of members for the ensuing parliament l'estrange, roger, sir, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; 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(eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) some queries concerning the election of members for the ensuing parliament l'estrange, roger, sir, - . harrington, james, - . p. [s.n.], london printed : mdcxc [ ] this has been generally attributed to james harrington who wrote a reply to it and published it as pt. with l'estrange's work.--halkett and laing, vol. , p. . reproduction of original in the british library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published 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selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- parliament. great britain -- politics and government -- - . - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion some queries concerning the election of members for the ensuing parliament . london , printed in the year mdcxc . some queries concerning the election of members of the ensuing parliament . . whether the king hath not lately by actions , as well as promises , declar'd himself for the interest of the church of england ; and whether those republicans , who have always made it their business to libel kings , can more effectually abuse his present majesty , than in traducing him as their friend , and in using , as heretofore , a kings name against his design and interest ? . whether those are true to the interest of that church , who endeavour'd in the last session to incapacitate some of the best members of it ; and who were so far from granting that amnesty which the king desir'd and propos'd , that they carried their fury back to more than one preceeding reign , and set aside all acts of indemnity , but that , which most of them need , in the year ? . whether since the dissenters do not now desire a toleration for themselves , which we have already granted , but openly threaten and pursue their revenge on us , it is not necessary that these apparent dangers , at least , should awaken us out of our lethargy ; and whether the negligence of the church of england , which on like occasions heretofore , was thought the result of pity and good nature , would not now be esteem'd the effect of cowardize and stupidity ? . whether those gentlemen of the sword , who have offices in ireland , would not be better imploy'd in a council of war than a senate-house ? whether , if they think it convenient , it would not be proper for them to make one visit to the remains of their regiments there , and to contribute by some other means to the reducing that kingdom , than by giving taxes ? . whether those restless phanaticks , who have been bred up in rebellion , and have always since been active promoters of sedition , ought not in conscience to desist now , and to be contented with the single glory of having once ruin'd this kingdom ? . whether those worthy gentlemen have been justly expos'd , in a late impudent pamphlet , that were more hasty for sending a speedy relief into ireland , than for changing the right of succession in an hereditary kingdom ; and whether they may not possibly deserve a place again in the house , though they thought it more expedient for this nation to beat k. iames out of that one kingdom , than to vote his daughter out of three ? . whether the king be not now sensible , that most of those hasty abdicators did not change the succession out of kindness to him , but out of a farther design of bringing in a commonwealth , or , in other words , of making this an elective , and precarious monarchy ? . whether the temper of those excellent members deserves censure , who have promoted a general pardon , and in that an universal quiet and satisfaction ; and who were not very active in suspending the bishops , unwhipping oats , and in excepting every body out of the no-act of indemnity ? . whether any man can justly stand recommended to your choice by no other advantages than those of an old treason , and a long exile for it ? and whether one may reasonably be thought to have improv'd his crime into vertue , and to become a patriot of his country , by being outlaw'd into holland ? . whether such men as these may not possibly be factors for geneva and amsterdam , and more mindful of their late fellow-burgers than their old countrymen ; and whether their frequent protestation , that they are true englishmen , would not convince the greatest sceptick , ( if he understands their veracity , ) that they are not so . . whether our good brethren the dutch , according to their usual kindness , would not , in all probability , have forborn to arrest us for their debt , till the conquest of ireland had put us in a capacity of repaying them ; and whether those men , who in the absence of most of the members , gave l. to the dutch , did not more consider their own good will to the creditors , than our ability . . whether it was not a strange instance of justice , in a knight of the shire , to move for a new assessment of his own county ; and whether if the county do not choose him again . they will not demonstratively shew , that they have more kindness for their money than their representative ? . whether there ever was a better parliament in general , than that of k. iames the second , and whether any body would approve the re-election of those worthy members , who do not wish for a new monmouth , and another argyle ? . whether many honest gentlemen , of nice principles , did not desist from standing at the last election , as having raised more scruples to themselves than they could easily answer ; and therefore not hoping to untie the gordian knot , put it for once into the hands of those men who could effectually cut it . and whether now these gentlemen will not be concern'd to redeem their neglect , and the more diligently to avert the blow , by how much the less careful they were to prevent the stroke . . whether the clergy of the c. of e. are not concern'd to be as diligent against phanaticism now , as of late against popery ; at least , such of them as have a greater respect for pulpits and chappels , than for tubs and barns ? . whether if those men who were incapacitated for procuring or consenting to surrenders , shall again vote for their judges , they will not give a signal instance of their forgiving humour , and shew to the world , that they have a great share of good nature , though perhaps not an equal portion of sense ? . whether it would not be heroick for all those publick-spirited gentlemen , to take up mr. s — 's resolution of never standing again till they can be chosen by honest regulators only ? . whether the incapacitating clause was not brought into the house by mr. sach — and whether the following list be not a true account of those that seconded him in it ? be it enacted by the authority aforesaid , that every mayor , recorder , alderman , steward , sheriff , common-council-man , town-clerk , magistrate , or officer ; who did take upon him to consent to , or joyn in , any such surrender , or instrument purporting such surrender as aforesaid . or did solicit , procure , prosecute , or did pay or contribute to the charge of prosecuting any scire facias , quo warranto , or information in the nature of quo warrauto , by this act declared void , shall be , and is declared , adjudged , and enacted to be for the space of seven years uncapable , and disabled to all intents and purposes , to bear , or execute any office , imployment , or place of trust , as a member of such respective body corporate , or in or for such respective city , town , burg or cinque-port , whereof , or wherein he was a member , at , or before the time of making such surrender , or instrument purporting such surrender , or the suing out , or prosecuting such scire facias , quo warranto , or information in nature of quo warranto , any thing in this act contained , or any other case , statute , or any ordinance , charter , custom , or any thing to the contrary in any wise notwithstanding . the honourable edward russel , esq . william duncombe , esq . sir henry winchcombe , baronet . henry powle , esq . sir algernoon may , knight . sir william rich , baronet . sir henry fane , knight of the bath . thomas tipping , esq . the hon. thomas wharton , esq . sir thomas lee , baronet . thomas lewes , esq . william iephson , esq . sir william drake , knight . richard hampden , esq . iohn hampden , esq . isaac newton , magist. art. sir robert cotton , knight and bar. iohn maynwaring , esq . roger whitley , esq . hugh boscawen , esq . william harbord , esq . edward russel , esq . sir henry ashurst , knight . anthony rowe , esq . hugh fortescue , esq . robert harly , esq . sir peter colleton , bar. ionathan prideaux , esq . sir iohn lowther of whitehaven , bar. sir henry capell , knight . sir philip gell , bar. the honourable anchitell gray , esq . sir george treby , knight . the honourable robert russel , esq . sir francis drake , bar. sir walter younge , bar. thomas reynell , esq . iohn elwell , esq . samuel foote , esq . henry trenchard , esq . thomas trenchard , esq . iohn burridge , esq . sir iohn morton , bar. iohn manly , senior , esq . sir matthew andrews , knight . henry mildmay , esq . isaac rebow , esq . sir thomas middleton , knight . sir iohn guise , bar. sir ralph dutton , bar. sir duncombe colechester , knight . thomas master , esq . iohn how , esq . richard dowdeswell , esq . sir edward harly , knight of the b. paul foley , esq . iohn dutton colt , esq . iohn birch , esq . sir thomas pope blount , bar. sir charles caesar , knight . sir william cowper , bar. sir thomas byde , knight . the honourable sidney wortley , alias mountague , esq . the hon. sir vere fane , kt of the bath . sir iohn knatchbull , bar. sir william honywood , bar. henry lee , esq . sir tho. taylor , bar. charles lord brandon gerrard . the hon. richard lord colchester . bennet lord sharard . thomas babington , esq . sir edward hussey , knight . sir william yorke , knight . sir iohn brownlowe , bar. sir william ellis , bar. the hon. philip howard , esq . sir patience ward , knight . sir robert clayton , knight . sir thomas pilkington , knight . sir william ashurst , knight . sir henry hobart , knight . george england , esq . iohn trenchard , esq . serjeant at law. the hon. sir robert howard , knight . sir thomas samuel , knight . sir william langham , knight . sir francis blake , knight . sir scroop how , knight . sir iohn cope , bar. sir thomas lytleton , bar. edward gorges , esq . the r. hon. charles marq. of winton . the hon. william lord pawlett . francis morley , esq . fitton gerrard , esq . henry wallap , esq . the honourable iames russel , esq . sir michael biddulph , bar. philip foley , esq . henry boyle , esq . sir philip skippon , knight . sir robert rich , knight and bar. sir iohn duke , bar. sir richard ounslow , bar. george evelyn , esq . iohn arnold , esq . thomas howard , esq . foot onslow , merchant . sir iohn thompson , bar. denzill onslow , esq . sir iohn pelham , bar. iohn machell , esq . iohn lewkener , esq . sir iohn fagge , bar. william garway , esq . sir richard new digate , bar. sir thomas mompession , knight : thomas pitts , esq . sir charles rawleigh , knight . morice bocland , esq . sir william pinsent , bar. charles godfry , esq . thomas freke , esq . iohn wildman , senior , esq . — hawles , esq . iohn wildman , junior , esq . sir iames rushout , bar. thomas foley , esq . william bremley , esq . iohn somers , esq . richard lord coote . henry herbert , esq . edward tompson , alderman . william stockdale , esq . sir william strickland , bar. william palmes , esq . sir michael wharton , knight . barons of the cinque-ports . richard austen , esq . iames chadwick , esq . iulius deeds , esq . tho. pappillon , esq . sir iames oxinden , knight and bar. wales . sir william williams , knight and bar. bussy mansell , esq . sir rowland gwynn , knight . finis . notes, typically marginal, from the original text notes for div a -e see a list of those that were for the regency . lond. i do not mean sir r. nudigate , nor sir r. cotton of cheshire . qu. whether mr. sacheverell . the song of moses the servant of god, and the song of the lambe: opened in a sermon preached to the honorable house of commons, at their late solemne day of thanksgiving, iune . . for the discovery of a dangerous, desperate, and bloudy designe, tending to the utter subversion of the parliament, and of the famous city of london. / by stephen marshall, b.d. and pastor of finchingfield in essex. published by order of that house. marshall, stephen, ?- . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing m thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) the song of moses the servant of god, and the song of the lambe: opened in a sermon preached to the honorable house of commons, at their late solemne day of thanksgiving, iune . . for the discovery of a dangerous, desperate, and bloudy designe, tending to the utter subversion of the parliament, and of the famous city of london. / by stephen marshall, b.d. and pastor of finchingfield in essex. published by order of that house. marshall, stephen, ?- . [ ], p. printed for sam: man and sam: gellibrand in pauls church-yard, london : . running title reads: a sermon preached at the late thanksgiving before the honorable house of commons. annotation on thomason copy: "june th". reproduction of the original in the british library. eng bible. -- n.t. -- revelation xv, - -- sermons. fast-day sermons -- th century. sermons, english -- th century. great britain -- politics and government -- - -- sermons -- early works to . great britain -- history -- civil war, - -- sermons -- early works to . a r (thomason e _ ). civilwar no the song of moses the servant of god, and the song of the lambe:: opened in a sermon preached to the honorable house of commons, at their l marshall, stephen b the rate of defects per , words puts this text in the b category of texts with fewer than defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - john latta sampled and proofread - john latta text and markup reviewed and edited - pfs batch review (qc) and xml conversion the song of moses the servant of god , and the song of the lambe : opened in a sermon preached to the honorable house of commons , at their late solemne day of thanksgiving , iune . . for the discovery of a dangerous , desperate , and bloudy designe , tending to the utter subversion of the parliament , and of the famous city of london . by stephen marshall , b. d. and pastor of finchingfield in essex . published by order of that house . revel. . . come hither , and i will shew thee the judgment of the great whore . london , printed for sam: man and sam: gellibrand in pauls church-yard . . to the honorable house of commons , now assembled in parliament . honorable , and beloved , the holy king and prophet david , required that the prayses of god should be sung upon well tuned instruments ; and some psalmes which himself composed to that purpose , he styled michtam , golden psalms ; as being full of precious and choise treasure . such could i have wished might the instrument have been , and such the song of praise and thanksgiving , to have celebrated the goodnesse of god , for this late wonderfull preservation of your honorable assembly , and the famous , and worthy city ; both whose ruine was plotted and designed by wicked and unreasonable men . but you were pleased , not onely to designe to this service , a weak and untuned instrument , ( though not crackt , as malice , and slander hath bruted it abroad ) but also to injoyn the publishing of this song of thanksgiving , which is full of weak and imperfect notes . and to this latter task , i was ( i confesse ) farre more unwilling then to the former ; as being conscious unto my self , how few conceptions could be brought by me to any such maturity , as might render them meet to become the standing monument of so great a mercy , and so happy a day , which is worthy to be ingraven on marble , rather then to be written on paper , and with letters of gold , rather then with ink : but in the pursuance of your commands i have done it , and added some few things , which time nor strength would permit me to deliver in publike ; being resolved to deny my self , and to do nothing that may hinder me from being what i am , and shall always desire to remain , yours wholly in the service of christ and his church , stephen marshall . a sermon preached before the honorable house of commons , on the . of iune . being the day of their publique thanks giving . honorable and beloved , were the strength of my body , and my furniture of wisdome , learning , and grace , in any degree answerable to the service of this day , i could not but exceedingly rejoyce , in being called to this work , in this place , at this time . for having been lately restored from the gates of death , what greater mercy could i wish , then to praise god in the great congregation ? and having been reported over the whole kingdom , to have altered my former judgement , concerning this just cause of the parliaments defensive arms : yea that the horrour of my guilt , in adhering to this cause , had distracted me , and made me mad , can i look upon it otherwise then as a great and publike taking off this reproach , by being called to exercise my poor talent , in that assembly which is the whole kingdom by representation , and at this time , to be a furtherer of your joy and thankfulnesse , for almightie gods watchfull eye and powerfull hand thus wonderfully manifested against the desperate and bloody designes of those that would destroy you ? but i fear , lest this which is so many wayes a favour to me , should prove your losse through my weaknesse , which would not permit me to study much in private , and i fear will disable me in the publike delivering that little which god hath brought to my hand ; yet this doth encourage me , i have abundant experience of your candor , and i know that both with god and man , where there is first a willing mind , ( especially in a day & service of thanksgiving ) it is accepted according to what a man hath , and not according to that he hath not . yea , i have one encouragement more , that gods providence hath directed me to such a text , which is not onely sutable to our meeting , and service , but so really intended by the spirit of god , for your time and work , that the very reading of it , ( though an hour together ) might exceedingly affect you , if once you have the true meaning of it ; which text you shall finde written in revel. . , . read also ver. . verse . and i saw as it were a sea of glasse mingled with fire , and them that had gotten the victory over the beast , and over his image , and over his mark , and over the number of his name , stand on the sea of glasse , having the harps of god . . and they sung the song of moses , the servant of god , and the song of the lambe , saying , great and marvellous are thy works , lord god almighty : just and true are thy wayes , thou king of saints . . who shall not fear thee , o lord , and glorifie thy name ? for thou onely art holy , for all nations shall come and worship before thee , for thy judgements are made manifest . this text , though it be a part of the apocalyps , the darkest , and most mysticall book in all the scriptures , and therefore thought generally hard to be understood , yet time ( one of the best interpreters of prophecies ) hath produced the events answering the types so full and clear , that we have the whole army of protestant interpreters agreeing in the generall scope and meaning of it , which in a few words be pleased to take thus : a great part of this book , is a setting out the conflicting state of the church ( under the great apostasie ) with the antichrist , the heaviest and forest enemy which ever the church had ; and this antichristian power and dominion is set forth ( as other kingdoms elsewhere are ) by a systeme of the world , wherein are earth , water , air , sunne , moon , starres , a king , a metropoliticall city , provinces , people , &c. an antichristian empire , an antichristian world ; and this great monarchy of antichrist hath the time of its rising , its triumphant reigning , its declining , and ruine , and the state of the church of christ under all these , clearly foretold in this book . and ( to say nothing of his rising , and reigne ) his ruine is described in this fifteenth , and sixteenth chapter , under the type of seven angels , pouring out seven vials full of the wrath of god : the seven vialls being so many degrees of the beasts , or antichrists ruine : which story of the vialls , the holy ghost sets down two wayes , first generally , in the fifteenth chapter , secondly more particularly , in the sixteenth chapter . in the generall description of them in this fifteenth chapter , we have first the circumstance of the place , where this vision was seen , whence these angels came , that is , heaven : i saw another signe in heaven , verse . that is , the true church , whereof christ is king , opposed to the world , wherein antichrist reigns , as beyond all doubt , may be cleared out of the fourth chapter of this book , which is the stage of all the apocalypticall visions . secondly , we have the things themselves , or the marvellous signes which were seen in this place , and they are three . first , the behaviour of the true church of christ , during this time of the pouring out of the vialls , ver. , , . secondly , the description of the seven angels , the instruments who were to pour out these vialls , their apparatus , qualifications , and furniture , they come out of the temple , clothed in pure and white linnen , and having their breasts girded with golden girdles ; habitu & cluctu sacerdotali ornati , like the priests of god , ezek. . , . pure worshippers . thirdly , a description of the church , in reference to christs presence with it , his owning , and protecting it , though after a more dark manner , vers. . the temple was filled with smoak , from the glory of god , and from his power , &c. alluding to gods taking possession of the tabernacle ; exod. . . and of solomons temple , king. . , . the first of these i am to deal with at this time , viz. the behaviour of the church during the time of the pouring out the vialls . wherein observe two things , first , their state , verse . secondly , their work , verse , . their state ; i saw as it were a sea of glasse mingled with fire , and them that had gotten the victory over the beast , &c. stand on the sea of glasse , having the harps of god . this sea of glasse , or crystall , is described chap. . . placed before the throne , alluding to the great laver , or sea in solomons temple , wherein the priests were to wash themselves from their uncleannesses , whenever they approached nigh to the altar of god to offer sacrifice ; onely that was made of brasse , this of a more pure and transparent metall : in this laver the reformed churches had lately been washed from the foulnesse , and pollutions of antichristianity , out of which they had newly escaped , having gotten the victory over the beast , and over his image , and over his mark , and over the number of his name ; and being cleansed in this laver , ( though mingled with fire , whether of contention , or other affliction , i dispute not ) they stand up on the brim of it , with the harps of god in their hands , with instruments of praise , as the israelites did upon the banks of the red-sea , ( thorow which they had lately passed , and in it been baptized unto god ) singing a song of praise for their great deliverance from pharaoh and his hoast , who perished in the pursuing of them ; this was their condition , and their posture , a delivered , cleansed condition , a praisefull posture . secondly , their work , during the time of the pouring out the vialls , they sang an {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , a triumphant song , canticum gratulatorium & eucharisticum , a song of praise and thanksgiving : wherein observe two things ; first , the title of the song , the song of moses , the servant of god , and the song of the lamb : secondly , the subject matter of the song , great and marvellous are thy works , lord god almighty , &c. the title : first , the song of moses the servant of god , i. e. such a song , and upon such an occasion as moses and miriam and the rest of the israelites sang unto god when they had passed through the red sea : ly . and the song of the lamb : we have many songs of the lamb recorded in this booke ; cap. . . thou art worthy o lord to receive glory , and honour , and power , &c. is the constant song of the whole church of christ ; cap. . . the same quire sings a new song to the lamb when hee had taken the booke to unloose the seales thereof ; cap. . . the same church sings another song of prayse upon the resurrection of the two witnesses , and the fall of the tenth part of the great city , we give thee thankes o lord god almighty , &c. cap. . . upon michaels victorie over the dragon , there is another song of praise , now is come salvation , and the kingdome of our god , and the power of his christ , &c. cap. . . there's a new song sung before the throne which no man could learne , but the hundred forty and foure thousand which were redeemed from the earth : now whether this song of the lamb be the song which those harpers sang , or whether , and how farre it is composed out of the rest of the songs recorded in this book , is needlesse ( as some interpreters doe ) to enquire , because we have the matter of the song layed downe in so many words ; it is sufficient that it 's therefore called the song of the lamb , because it was indited by the spirit of the lamb , and tends to advance the glory of the lamb their saviour and deliverer . . the matter of the song : which divides in selfe into two parts . . the churches confession of the nature of those workes which christ doth in the pouring out the seven vialls , ver. . viz. great and marvellous are thy workes , lord god almighty , just and true are thy ways thou king of saints , i. e. they are great and wonderfull , fit onely to bee done by him who is the lord god almghty , just and true , well becomming him who is the king of saints . . the use which the church makes of these works , which is threefold . . they record , celebrate , and publish them . . they engage and binde themselves faster and closer to him , in his worship and service , who shall not feare thee o lord , and glorify thy name ? for thou onely art holy . . they prophetically foretell the use which shall be made of these workes by such as yet were strangers , viz. as christ proceedes to manifest these wonderfull and righteous plagues and judgments upon the antichristian world , the people of italy , germany , france , england , scotland , denmarke , sweden , polonia , hungaria , and the rest of the elect shall shake off the yoke of antichrist , and submit to the scepter of iesus christ ; for all nations shall come and worship before thee , for thy judgments are made manifest . thus you have a plaine view of the text together with the interpretation , out of which many excellent and usefull truths might be observed . as first , that all which is done in the pouring out of the seven vialls , is the wrath of god upon the antichristian faction ; so that however in the pouring out of every viall there is something which is grievous to the reformed churches , to humble , purge , and quicken them , yet there is no wrath upon anywhere ever it is poured , but onely as there is something of antichrist among them , which christ will search for , find , and destroy , where-ever he finds it : consider the whole work of the vialls , and you shall finde noysome and grievous sores upon them onely that have the mark of the beast , the drinking of bloud , the scorching with heat , the gnawing of their tongues for paine , the being destroyed with hailstones , &c. all these light onely upon the followers of the beast , the worshipers of the beast , the kingdome of the beast , & therefore let none feare any hurt frōthese judgments which christ is now inflicting , but such as either secretly or openly harbour any of antichrists acursed stuff which must be destroyed ; & let it be i beseech you , your speedy care to cast out of this nation and church all those reliques , which are the oyl and fuel that feed the flame which burnes amongst us : god calls you now to this work , and will be with you while you set your hearts and hands to doe it ; and doe it speedily , it may be it is one cause , why so many breaches are made upon you , because you have no more vigorously attempted it in the first place ; and fear not that ye should therby lose a party , or strengthen a party against you , beleeve it , that party that hath drunk of the whores cup , and is in love with her abominations , will never be assistant , nor wil christ suffer them to overthrow the worke committed to your hands ; they may and shall destroy themselves , bringing the curses written in this book upon themselves , and their posteritie , as achan did by hiding the babylonish garment and wedg of gold in his tent , but the lord will be with you , therefore go on and prosper . . observe : that how ever in the pouring out of these vialls , in the destroying of the antichristian faction , christ useth the ministery of angels , of instrumēts comming out of the temple and fitted for that work , yet the work is ascribed to christ alone , great and marvellous are thy workes , just and true are thy wayes , thy judgments are made manifest : many worthy and excellent instruments hath christ stirred up and employed in this service , many famous and learned divines , many excellent nobles , many illustrious kings , queenes , and princes , many grave senates , and parliaments , ( amongst whom i doubt not yourselves will one day be recorded ) have put their hands to this worke , to make this harlot desolate , and naked , to eat her flesh and burne her with fire ; for god hath put it in their hearts to fulfill his will : but they conferre nothing of their own to the work , they are but his instruments , his bow and his battle-axe , meer dead tooles , who receive all their efficacy and operation from his hand who useth them ; their presence addes no strength to him , their absence makes the work no more difficult to him . and therefore let not our faith & comfort ebbe and flow with the increase & wane of humane helps . let us not therefore thinke the work will sooner be done , because strong is our hand and arme of flesh , nor that we are therefore like to lose the cause , because our helpes prove either weake or treacherous ; the viall now pouring out is the lords work , and he will see it done , doubt ye not . . observ. that all the time of christs pouring out the vialls of his wrath upon antichrist , should be a joyful time to the church of christ , al those daies should be days of purim , days of thāksgiving ; though they stand upon a sea mingled with fire , they should have the harpes of god in their hands , and hallelujahs in their mouths , because christ is judging the great whore , and avenging the bloud of his servants at her hand . although it be so disposed by christ , that during the time of the vialls , his churches have much bitternesse , and the hayle of every storme in some degree lights upon them , yet must they overlook their own sufferings , and be filled with joy for the judgments executed upon christ's , and their enemies ; and not deferre their prayses till their deliverances be compleat , but upon every new deliverance to them , and upon every new judgment upon the enemies , have their mouths filled with new and renewed songs of prayse and thanksgivings to god , as we doe this day . these & many such like general observations from the words are obvious to every eye , & very seasonable and suitable to the mercies celebrated this day , i desire that they may not lightly be passed over in your thoughts , though i shall say no more of thē , purposing to confine my speech to one only observation , which indeed is the very {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} of the text , the burden of the song , and to apply it for the same ends and uses for which it is here recorded by the holy ghost : viz. the workes of christ in the pouring out the vialls of his wrath , in taking vengeance of the antichrist and his followers , are great and wonderfull , fit to be wrought by him onely who is the lord god almighty , just and true , well becoming the king of saints . first , they are [ great ] works , whether of mercy , or judgment ; or are great , when they are the effects either of great wisedome in their contrivance , or of great power in their production . secondly , [ marvellous , or wonderfull ; ] and that in a threefold respect : first , such as are rare and unusuall , which seldome happen ; these draw mens eyes after them , and make men wonder at them . secondly , such as are unexpected , which come praeter spem , things which no body would think to come to passe . thirdly and chiefly , things are wonderfull , which are beyond our comprehension , whereof we cannot see the causes , whose height and depth cannot be measured , such as nothing but the power of an infinite and almighty god can bring to passe . thirdly , [ iust : ] wayes are just , when they are according to a right rule ; and wayes of judgement , ( of which my text ) are then just , when they are according to the nature , kinde , and degree of the sinnes against which they are executed . thou art righteous , o lord , because thou hast judged thus ; for they have shed the bloud of thy saints , and prophets , and thou hast given them bloud to drink , for they are worthy : even so lord god almighty , true and righteous are thy judgements . fourthly , [ true : ] wayes are then true , when according to covenant , when done according to what was foretold ; and these wayes become a king of saints : other kings often deal unjustly , bearing the sword , to execute wrath upon them that do well , strengthening the hands of them that do evill , condemning the righteous , and acquitting the wicked , and often untruly breaking their oaths , falsifying their covenants ; but this king of saints doth so manifest his righteous judgements , that his people shall be able to say , according to their deeds , and according to his word , hath he repayed fury to his adversaries , recompense to his enemies ; and his enemies ( though with gnashing of teeth ) shall acknowledge with adonibezek , as we have done , so hath god done unto us . now that christs judgements , hitherto manifested in the pouring out the vialls of his wrath , in thus farre destroying this great antichristian enemy , are thus great , and wonderfull , thus just and true , may easily appear to every carefull observer of the church-story in these parts of christendome , this last century of years , since this work hath been in hand : the particular instances are too many to be related in a sermon , i shall mention onely some few things , which as so many continued threads , have run through this whole peece of his workmanship ; first , in the greatnesse , and wonderfulnesse ; secondly , in the truth , and righteousnesse of them . first , these works have been great and wonderfull for the kinde : when the antichristian empire which at first was contrived with that wisedome , and underpropped with that strength , ruling even the souls and consciences of men , and had prevailed so farre , that all the kings and states of the world were so drunken with the whores cup , that they not onely kissed her well-favoured face , but as so many brute beasts lay at her foot-stooll , prostituting all their power and strength unto the beast , and under her command , making warre even against the lamb himself , and helping to drink the bloud of his saints , none daring to question the truth , or rather divinity of her commands , so that she could glorifie her self , and say in her heart , i sit as a queen , and shall see no sorrow ; now that suddenly , it should be put into the hearts of most of the europaean states , to hate this whore , to endeavour to make her desolate and naked , to eat her flesh , and burn her with fire , how great and marvellous doth this speak the work for the kinde of it ? who but the lord god almighty could do this ? it is certainly the lords doing , and must be marvellous in our eyes . secondly , if we consider the time , which our lord christ was pleased to make choyce of , for the effecting these great works , they will appear yet more wonderfull ; even when his church was at the lowest , when he saw that their power was gone , and there was none shut up or left , when the enemy was come in like a flood , and no man to lift up a standard against him , when he saw that there was no helper , even then put he on righteousnesse as a breast-plate , and an helmet of salvation upon his head , and the garments of vengeance for his cloathing . who can be ignorant of these things ? who knows not the low condition of germany , when luther first appeared , though onely against the notorious abuse of the popes indulgences , and other luxuriant branches of his tyrannicall usurpation ? insomuch that a bishop wishing him well , yet despairing of successe , counselled him ( as the story reports ) after this manner ; frater , frater , abi in cellam & dic , miserere mei deus . to thy beads frier , thou wilt do no good in this work : for the people of germany were at that time so bewitched with the sorceries of the whore , and so enthralled to her power , that ( as that proud cardinall too confidently boasted ) they were ready at the popes command , for the redemption of their souls , to have eaten grasse and hay , more pecudum , after the manner of brute beasts . and was not the church in other countries as low ? namely , at the first appearing of zuinglins , and oecolampadius , in helvetia ; of calvin , viret , and farell , in france ; cranmer , latimer , ridley , ( especially ) bilney , and tyndall , in england ; hamilton , wischart , knox , and others , in scotland ? at that time , when in a word , the whole church might have taken up that complaint , ezek. . . our bones are dried , our hope is lost , we are cut off for our parts , then did our lord christ open their graves , and cause them to come up out of their graves , and made them live , and stand up upon their feet , an exceeding great army ; this also must needs be acknowledged , to be the work of the lord god almighty , who is wonderfull in counsell , and excellent in working . and as the kinde , and time , so thirdly , the consideration of the meanes , and instruments , renders them yet more wonderfull ; to effect great things by weak meanes , is an argument of great power and strength ; that the walls of iericho should fall at the blast of trumpets of rams horns ; that a cake of barley bread , tumbling into the hoast of midian , should come unto a tent , and smite it , and overturn it , that the tent should lie along ; that gideon and three hundred men , with lamps and empty pitchers , should overthrow the whole hoast of midian , who came as grashoppers for multitude , they and their camels being without number ; that a woman should compasse a man , a weak woman subdue a mighty man ; these are new things , as the phrase there is : behold , the lord hath created a new thing in the earth , a woman shall compasse a man , &c. and yet this you shall see , was no new , but gods usuall , and constant course , which he takes in this work , pouring out these vialls of his wrath , upon this potent enemy , by the ministery of most weak , and contemptible instruments , pulling his church out of the dungeon of superstition , by old cast clouts , and rotten rags , as once ebedmelech the ethiopian did the prophet ieremie . was not luther a poor monk , and other priests , and shavelins , newly crept out of their superstitious cells , the first engineers that battered the walls of this great babylon ? who were they but the poorer , & meaner sort of people , that at the first joyned with the ministers , to raise the building of reformation ? few of the princes , and nobles , putting their necks to the work of the lord ; or if any did , yet the divine providence so ordered it , that either they were suddenly taken off , as the duke of saxony , and landgrave of hessen , by imprisonment ; or immaturely taken away , as edward the sixth , by death ; or more miraculously preserved , as queen elizabeth , a woman , in england , and king iames , a childe , in the beginning of reformation in scotland ; and although in the progresse of the work , many kings and princes have stood up as nursing fathers , yet still we may observe , that the greatest things have been done by them , from whom least could be expected ; as ( not to trouble you with more instances ) the almost incredible , and strange proceedings of the late victorious king of sweden will abundantly testifie , who as a contemptible prince , crossing the baltick-sea , entred germany , with not above five , or six thousand men , and a very small sum of mony , and yet in as little time , had before his death , almost brought to nothing that mighty house of austria , thought by many , to be the sun giving light and influence to the antichristian world , upon which the fourth viall was to be poured out . i might , i say , give you many other instances , this may suffice : god will ( you may be confident ) in time make all the world know , that this great image , this great antichristian oppressour , shall be broken in pieces , by a stone cut out of the mountains without hands , without humane help . fourthly , and lastly , and above all , the manner of his working proves them most wonderfull : for if we observe but the goings of this king of saints , if we trace him in his footsteps , in this great work of execution upon his enemies , marching before his people , travelling in the greatnesse of his strength , we finde him leading them in uncouth wayes , which they knew not , and wayes which to them seemed unpassable . his way hath been in the sea , and his pathes in the great waters , and his footsteps were not known , yet still leading his people like a flock ; sometimes removing mountains our of their way , making them flow down at his presence ; sometimes skipping over them ; sometimes his way hath been in the whirl-winde , and in the great storm , yet always working in such wayes , and in such a manner , as that first , his own people have thought he could intend nothing but their ruin , as ionah did , when cast into the sea , and swallowed up by the whale , ( an unlikely way of deliverance ; ) and in such wayes , secondly , as to the enemy have ever seemed most advantagious to their own purposes , and destructive to the church ; god suffering them to lay the plot for their own ruin , to dig a pit for their own destruction , and making the ways by them intended for the churches ruin , to be the greatest meanes of their deliverance , as fully and clearly , as hamans plot proved the exaltation of the iews , and mordecai , and the ruine and destruction of himself and family ; a volume might be filled with instances of this kinde : the device of charles the fifth , to disinherit the duke of saxony , & to keep the landgrave of hessen in perpetuall imprisonment , thereby intending utter ruine to the protestant party in germany , was the very occasion of the confederacy of smalcald , which almost drove charles out of germany , and established the protestant party in the liberty of their religion . the massacre in france , in which were destroyed within the space of thirty dayes , ( as the historian reports it ) above seventy thousand protestant souls , proved ( ye know ) a means , within a short space , to double and treble , if not quadruple their numbers in that kingdom ; and procured them publike edicts , and cautionary towns , for the liberty , and security of their religion , which before they had not : the cruelty and tyranny of the spaniards in the netherlands , ( one of whose deputies , duke d'alva , boasted that he put to death , six and thirty thousand hugenots , and protestants ) hath been the greatest meanes to prevent the swelling of his intended monarchy , and increase the freedom and strength of the protestant party , not onely in the five united provinces , but in all these parts of europe . who that hath read the scottish story , is ignorant that the archbishop of st. andrews cruell burning of mr. george wischart , conferred much to the reformation of that whole kingdom ? the time would fail me , to tell you of the desperate conspiracies of the priests , and jesuits in england , all the time of queen elizabeth , of the powder-treason , and their unwearied machinations in other states and churches , and how constantly the lord hath turned them all to the advantage of his church , and to bring ruine and destruction upon the contrivers of them . and if any of you have not had time , or means , to observe these things in story , your eyes cannot but see them all fulfilled in christs late , and present dealings with our selves , and our brethren of scotland . for them , what great things hath the lord lately done , and by what very weak means ? hardly the fifth part of the nobility , ( as i have heard ) appearing for them , the greater part openly opposing them , scarse one fourth part of the kingdom owning the cause , how often were they at their wits end , when some unexpected door was opened to them ? and were not all their works wrought for them , by the rage , cruelty , and cunning of their enemies ? were not the book of service , and the book of canons , sent , and obtruded upon them from england , the occasion of their late mercies ? was not the tyrannie of a few of their prelats , a means to unburden them of their whole prelacy ? and when they were as much shut up in straits , as the israelites at the red-sea , and knew not over-night , what would become of them the next morning , then constantly some absurd , desperate plot or other , of their enemies , brake out , which gave them an out-gate to escape : and even so hath god dealt with england , his work amongst us is of the very same warp , and woof . the great mercies which we enjoy , the great deliverances we have lately received , from what a high hand have they come ? to what a very dead low ebbe were we brought ? our liberty almost swallowed up , and turned into slavery ; our religion into popery , and arminianisme ? and even then god remembred us in our low estate : and by what instruments , becommeth me not to speak much in your own presence ; your selves know how sinfull , and all the kingdom how mean and contemptible in the eyes of your adversaries ; they looking upon you as sanballat and his company did upon nehemiah and his builders , and with like scorn uttering the same reproaches ; what do these feeble iews , will they fortifie themselves , will they make an end in a day , will they revive the stones out of the heaps of rubbish ? even that which they build , if a fox go up , he shall even break down their stone wall . and well may you take up the builders complaint ; hear o our god , for we are despised ; and yet by such despised broken vessells hath the lord hitherto delivered us : and which is still more wonderfull , ( to the glory of god be it spoken ) our greatest deliverances have been more promoted by the cunning , treachery , and violence of the enemy , then by the foresight , vigilancy , and strength of our best friends : the prelates late canons and oath , purposely contrived for the perpetuating of their hierarchy , and their other treacherous and malicious endeavours against the state , joyning with the papists , and with them labouring to turn all into confusion , rather then suffering the least abatement of their former pride and tyranny , have helped thus farre towards the taking them away both root and branch ; the multitudes of calumnies , and reproaches , cast upon the parliaments just proceedings , slighting their authority , slandering their intentions , misinterpreting their actions , have they not ( through the goodnesse of him who preserveth them from the strife of tongi ) been an occasion of making their authority , priviledges , intentions , actions , clear as the sun at noon day ? and to instance no further , this late bloudy , and mischievous design , in which this honorable senate , this famous citie , and with them our lives , religion , laws , and liberties , had undoubtedly been made a prey to their mercilesse rage , and fury , the lord hath not onely brought to light , without any foresight , or watchfulnesse of yours , but made those that were the contrivers , to be the discoverers , their own evidence , and confession being the thread which lets you into the depths , and labyrinths of those counsels , which they had digged deep to hide , if possible , even from the eyes of god himself , and thereby giving you a great opportunity ( the lord in mercy teach you to improve it ) to advance the glory of his name , ( for the present , putting a new song of praise into your mouthes ) a prop for your faith to stay upon , for time to come , ( the lord hath delivered , and will deliver ) a further advantage , to break the power of the malicious , and ungodlymen ; and a warning to you , to beware of neuters , and secret false friends , who though they take sweet counsell together with you , and speak you fair , beleeve them not , for there are seven abominations in their hearts . and by all this ye are ( i suppose ) fully satisfied that these works of our lord god almighty are as marvellous for their manner , as before you have heard they were for their time , kinde , and instruments , working light out of darknesse , causing even the experience of the church , in these later ages , clearly to interpret sampsons riddle , out of the eater came forth meat , and out of the strong came forth sweetnesse ; and making all the bloudy and cruell entendments of the antichristian enemie , in the effect no more hurtfull and dangerous to the church , then his was to phereus iason , when he run at him with his sword , and in stead of killing him , opened an incurable imposthume , and saved his life . secondly , as they are great and wonderfull , so as evident is it , that they are just , and true : the [ justice ] of them is celebrated , chap. . . thou art righteous , o lord , because thou hast judged thus : and chap. . . we finde the angel calling upon the church , reward her as she hath rewarded you , double unto her double , according unto her work ; in the cup which she hath filled , fill to her double : how much she hath glorified her self , and lived deliciously , so much torment , and sorrow give her . o in what exact ballances hath christ proportioned , and weighed out , gall and wormwood , reproach and shame , bloud and ruin to these enemies , making them to drink of the same cup which they had before reached to his servants ! they had grievously afflicted the bodies of the saints of christ , and now behold upon them , noysome and grievous sores : they had drunk the bloud of the saints and prophets , and now behold rivers and fountains of bloud given them to drink . they had their edicts , to kill heretikes and lollards , ( as they called them ) and now in england , and among the netherlands , it 's made capitall for the iesuits and other incendiaries , and factors for the whore , to be found amongst them . they had burnt the worshippers of christ , and now behold , themselves scorched with fire and great heat . they had before deprived the saints of the light of the scriptures , and now behold , the beasts kingdom overspread with darknesse , so that they gnaw their tongues for pain . thus you see the king of saints , rendring according to that rule of justice ; eye for eye , breach for breach , tooth for tooth ; full measure , shaken together and running over . ecclesiasticall historie is full of instances , which speak home to our purpose in this particular of emperours , kings , nobles , popes , bishops , priests , men , women , of all ranks and degrees , upon whom these righteous judgements of god have been made manifest ; you have a whole catalogue of them digested to your hands , in mr. foxes book of acts and monuments . i shall let passe this particular , onely with this one observation ; that whereas this great enemy , this abaddon , this apollyon , is made up of all the hatefull qualities of all those kingdoms , which heretofore have oppressed the church of god , and is therefore called , aegypt , sodom , babylon ; so the wrath of these vialls poured out upon him , is the mixture and quintessence of those plagues and judgements , whereby all those kingdoms formerly were destroyed : for here you have noysome and grievous sores , waters turned into bloud , palpable darknesse , thunder and lightning , and great hailestones , the plagues of aegypt ; here you have the drying up of the river euphrates , the means of the destruction of babylon ; fire and brimstone , the judgement of sodom . even so lord god almighty , true and righteous are all thy judgements . and they are as clearly celebrated for their truth : even so lord god almighty , [ true ] are all thy judgements , was the voyce of the angel out of the altar , at the pouring out the viall upon the rivers and fountains of waters , turning them into bloud : and after they were all poured out , iohn heard the voyce of much people in heaven , saying , hallelujah , salvation , and glory , and honour , and power , unto the lord our god , for [ true ] and righteous are his judgements , for he hath judged the great whore ; which to understand , you must know , that these vialls were put up long ago by christ , and laid up in store with him , and sealed up among his treasures , and written in a book ; and not onely so , but the counterpart of this book was sent , and signified by his angel , unto his servant iohn , and the epoche , or time of their beginning , and the whole series of their accomplishment , for time , and place , matter , manner , and measure , exactly represented to him , whereof many things are already come to our knowledge , being fulfilled just ad amussim apocalypseôs , according to the standard of the revelation ; and although some things concerning the interpretation of these plagues , and curses , remain yet dark unto us , being not fully accomplished , yet when all these vialls shall once be poured out , the whole church shall be able to say of them , as ioshuah did , in another case , of the blessings : you know that not one thing hath failed of all the good things which the lord your god spake concerning you , all are come to passe , and not one thing hath failed ; so not one drop of all these vialls hath fallen to the ground in vain , not a plague failed , but all have accomplished the things for which they were sent ; write them down , these are the true sayings of god . if you would know some reason , why christ delights to proceed after this manner , in the destruction of this enemy , i answer , first , because this enemy is the master-piece of all the devils workmanship , the dragons darling , to whom he hath delivered over his power and his state , his throne and dignity ; whatever beelzebub , prince of the devils , and the whole conclave of hell could invent , all hath been infused into this grand adversary ; there was never yet state framed in the world by the wit and art of man , more wisely contrived , and plotted , more powerfull , and forcible , to subdue the whole world unto it self , by claiming a ius divinum , laying a foundation for firm obedience in mens consciences , and having in it sufficient to nourish all mens affections , and to fit every mans humour , that each fancie may be satisfied , and each appetite finde what to feed on ; yea what ever may prevail with any man , is there to be found ; wealth for the covetous , honour for the ambitious , learning for the studious , great employment for metald spirits , multitudes of ceremonies for the superstitious , gorgeousnesse of shows for the vulgar and simple , miracles for the credulous , prayers for the devout , works of piety for the charitable , voluptuousnesse for the dissolute , pardons for the faulty , dispensing with all rules for men of lawlesse conditions , with what ever else might allure the nations to drink of the whores intoxicating cup . neither hath the devils cunning , and power more appeared in the first contriving of it , then after , in the upholding of it , in all ages stirring up men of excellent and rare perfections , constantly and diligently to put in execution all his counsels , and devices , to hold in those who are already caught in their snares , to allure others , and to weaken and undermine all opposers , how great and potent soever ; it is therefore well becomming the wisedom and power of this king of saints , to grapple with this beast , after this manner , that in the things whereof he is most proud , he might shew himself to be above him . secondly , this enemy hath been the sorest and heaviest adversary that ever the church of christ had in the world : nebuchadnezzar of old , and the rest of the assyrian monarchs did break their bones like a lyon , the aegyptian pharaoh like a dragon devoured them , antiochus epiphanes cast down the saints , and stamped upon them , and did weare them out ; the romane ethnick emperours the three first hundred yeares wasted them in ten severall persecutions : but these and all these were as nothing in comparison of this destroyer , all their loines lay not so heavy upon the churches back as the little finger of antichrist . whether we respect the cruelty exercised upon the body , or tyranny over their soules and consciences , or the extent and length of time in both ; i say , in respect of cruelty , first , upon the body , i beleeve that upon a due survey , there would be found upon his score more blood of saints and martyrs then was shed from the blood of righteous abel to the beginning of his reigne : a hundred thousand within the limits of one kingdome put to death in a few weeks , thirty or fourty thousand boasted to have fallen by the hands of one of his emissaries in the space of a few yeers ; and if so , what hath been done in the rest of the nations , where all who once tasting of the whores cup delight to drink and to be drunken with the blood of saints ? in her is found the blood of prophets , and of saints , and of all that were slaine upon the earth . secondly , in respect of tyranny upon the soule , we read not that pharaoh , or seldome any of the rest , ( though they all oppressed the people of god in their outward liberties ) did much endeavour to force their consciences , or if they did ( as sometimes nebuchadnezzar and antiochus ) the case was so cleare that they needed not take time to answer about it ; but this tyrant causeth all , both small and great , rich and poore , free and bond , to receive the marke of their spirituall slavery , in their right hand and in their foreheads , so that none must buy or sell save he that hath the mark or name of the beast , and that with such deceivablenesse of unrighteousness , with such power & signs , and lying wonders , that he deceives those that dwell on the earth by means of those miracles which he hath power to do : so that even many of the lambs own followers have in part been deceived by him , and if it were possible they would finally deceive the very elect of god . or if thirdly , we respect the continuance and length of his bloody reigne , in this also he exceeds the rest . in aegypt they were evil intreated about two hundred yeers ; the babylonish yoke oppressed them threescore and ten years ; antiochus sorely wasted them , but it was but for a very little season ; the heathen empire of rome proved more cruell and bloudy then any of the rest , for the space of three or four hundred yeers ▪ but this antichrist makes incessant , desperate , and bloudy war upon them , no lesse then twelve hundred and threescore years together . and if you put all this together , you shall finde just cause why the king of saints should proceed thus severely and strangely , in ruining this great enemy of himselfe and people , making him as wonderfull in his terrible fall , as he had been in his bloudy reigne . thus you have the truth of the doctrine , fully and clearely demonstrated , it remains now that i make some application of it to you , wherein i shall confine my selfe to those three uses which we finde the church makes of these workes in this place . first , they wonder at these wonderfull workes , they observe them , they have them digested into a song , and sing this song of moses and of the lamb , having as well their hearts filled with admiration of them , as their mouths with praise . and this ( honourable and beloved ) let me commend to your practice in the first place : come and see the works of the lord , even the great and marvellous works of the lord god almighty , how terrible he is in his doings towards the children of men : all his works are great , his works of creation , even of the least atomes , the works of common providence governing even the wayes of the pismire are great and worthy to be sought out of all them that take pleasure in them ; but the works of the lord towards his church , the goings of our lord and king in his sanctuary , ruling his saints in the middest of their enemies , and after this manner breaking in peeces the powers which doe oppose them , is now the wonder of angels , and shall be the wonder of saints to eternity ; and fit therfore that now it should be ours . mans disposition is naturally taken with thoughts and discourses of things great and wonderfull , and is not satisfied but in something that raises the mind to a high pitch of admiration ; here you may behold an object fit , ( if any ) to beget wonderment , and indeed our spirits never are right till we stand at gaze here , for this discovers a plaine difference between the spirits of godly and carnall men , these latter are more taken with vaine and empty things . a poet or a well-penn'd romancy how it takes some , wasting upon it dayes , weeks , and moneths , admiring the wit , invention , style or elegancy ; others wonder at the raising of this or that poore man to a great estate of wealth , at another out of the dust advanced to the height of honour : these things fill their hearts with thoughts when alone , their mouthes with discourse when in company , yet in the mean time the wonders of christ are not taken notice of : christ's person , offices , administrations are too base things for them to busie their thoughts about , they can see nothing but triviall matters , and not worth their notice in them all , yea they wonder at them who can spend their time in the study of the scriptures , and the meditation of these works of christ . but these men ( whatever they think of themselves ) are sottish beasts , carnall and brutish persons , and i may say of the things they are so takē with , as christ to the disciples who were so affected with the stones & goodly building of the temple , are these the things ye wonder at ? i tell you , there shall not be left here one stone upon another : so these riches , these buildings , this power and authority , this great man in his countrey , these things i say , by too much regarding whereof many lose their soules , what shall they all be ere long ? heaven and earth shall be on fire , and what shall these things be then ? and i may further say of the men who admire these things , that they are greater vanities then the things they wonder at ; who having immortall soules , fit to be partakers of the divine nature , understandings capable of the knowledge of god , meditations worthy only of god , should yet thus basely prostitute and abase themselves , to advance a thing of nothing , whereas on the contrary a holy heart is so taken with christ and his wayes , that all other things appear to them to be but toyes and folly , as men got up on high neer the heavens , behold the earth but as a little spot . augustine observed this difference in himselfe , that so long as he was a stranger from the wayes of holinesse , he thought the study of the scriptures to be a dull businesse , infinitely preferring tully before the bible ; but after his conversion he took no pleasure in that author where he found not the name of iesus . oh therefore that you would poure out your hearts in the study of these things , that the wonderfull way of christ's governing in his church might take up not the least part of your thoughts . how he hath kept this bush burning , and yet not consumed ; how strange it was that a few fishermen should by preaching and suffering , like some conquering alexander , subdue the nations ; think of his strange course , permitting an antichrist to lord it above a thousand years , in the world , so as to subdue the world wholly to his yoake , suffering the kings to give up their crowns & scepters to him , prostituting their power at his feet ; and when satan thought himselfe so strong as to continue the church in this condition for ever , that then a silly monke should set himself against the world , and in a short time rescue a great part of it frō under his yoak . another time , come neerer into england , & think what he did by king edward , a child , by queen elizabeth , a woman ; the great deliverances , from the spanish armado , from the hellish powder-treason ; come neerer yet , and behold the wonders of these two or three last years , in england and scotland ; ponder them seriously , they are the lords doings , and ought to be wonderfull in your eyes : think yet further , how wonderfull he will be , when he comes to be admired in his saints at the last day ; feed your hearts and raise them sometimes with some of these thoughts , sometimes with others , untill they burne within you . oh but we cannot meditate ! we love indeed to reade these things , and delight to heare them , but we cannot meditate on them ! say not so lest you prove your selves persons without grace ; psalme . it is made the note of a wretch , and of one whose dayes god will consume in sorrow , to forget the works of god ; and of a brutish person , psal. . not to consider them : and if you cannot finde a heart to wonder at him , and his wayes , as an occasion of praise , take heed he shew not himselfe wonderfull in your confusion . wherfore have we our reason and tongues , but to observe , and speak of these things ? think we to live with the saints , and glorify christ in heaven , and not have dispositions fram'd to give him all the glory we can , while we live here on earth ? which we cannot doe , if we observe not these things . i know that there is a dulnesse and auknesse in the spirits of the best , yet godly hearts will endeavour to overcome it : he that is wise , will ponder these things , will fet his heart to taske in these studies ; and that not as to an unpleasing drudgery , but as to an employment , divine and angelicall , most pleasing and delightfull : my meditation of him shall be sweet . and for your better quickning to this duty , consider ; first , that this is the only way to make us heavenly and spirituall , by feeding on such matters of wonderment ; the object about which we are conversant , gives a tincture to our spirit , naturally such as our spirits are , such are our studies , pueri crepundia gestant , children play with rattles , and morally our spirits are moulded into the studies we are accustomed to . secondly , this will make us ever fit for gods service : this our lord will be served with reverence and feare , and what begets that , but a knowledge of out distance ; upon the consideration of his greatnesse , from his wonderfull workes ? all base and low conceits will then vanish : all society and communion among men is maintain'd by a knowledge of inequality , when we see more eminency in men for their gifts , and graces and places , it strikes a reverence , and strengthens the bands of love and respect , much more strongly doth the serious and deep beholding of the unparallel'd perfections and excellencies of god , shining in his wonderfull works , captivate the soule and lay it low before him : but of this more in the second use . thirdly , this is the way to make us profit and grow up in grace ; when god sees us humble admirers of his greatnesse , and diligent searchers into his goodnesse , he will reveale himselfe yet more and more to us , as christ said to nathaniel , because i said this unto thee , beleevest thou ? thou shalt see greater things then these : or the lord to the prophet , i will shew thee great and mighty things which thou knowest not . fourthly , as a further motive and help , be thoroughly acquainted with thine own condition , really sensible of thine own vilenesse , wants , and basenesse of all kindes ; take the dimensions of thy corruptions , the height , length , and depth of them , consider that thou art in thy self a vassall of satan , a vessel of wrath , dead in nature and disposition to good , dead in sin , posting to eternall destruction , and then every thing of christ thy saviour will be wonderful unto thee . fifthly , and lastly , consider thy relations to christ , he is thy head , thy king , thy lord , thy husband , thy brother , & withall thy interest in all his works , they are all done for thee , thou hast a part in every deliverance , ( they are thy enemies that fall , upon the pouring out of every viall ) a share in every mercy ; and our interest in any thing , sets it off the better to our affections , & makes us with unwearied diligence to search out , whatsoever is scibile in it ; much more should it here , where the more we shall study , the more we shall wonder , and the more we wonder , the more shall we honour god , and better our selves ; the more we chew these cordialls , the more sweetness shall we draw from them . o therefore , that christ would open our eyes , that we might see his wonders in their just dimensions , in the wisdome , power , faithfulnesse , greatnesse , justice , and truth , shining in them , that those things might be glorious , and excellent in our eyes , which are mean and common in the eyes of others , that wee might be able to answer such as see no such thing in them , ( with the painter , who being much taken with a piece , though seeming plain , yet of excellent workmanship , to one ignorantly asking him , what worth he saw in that poor peece ) o friend , couldst thou see with my eyes , thou wouldst be ravished with it . and that our mouths might be filled with praises all the day long , especially upon this day , purposely set apart by us , thankfully to record the great and wonderfull works , the true and righteous judgements , of our king of saints ; in delivering us from the hurtfull sword , in being on our side , when men rose up against us , in causing our soul to escape , as a bird out of the snare of the fowler , making their mischief to return upon their own head , causing them to sink down in the pit which they made ; in the net which they hid , is their own foot taken . and so much for the first use , the use of admiration . the second use the church makes here of the works of christ , is to provoke and quicken themselves up to fear him , and glorifie him ; who would not fear thee , and glorifie thy name ? for thou onely art holy : lord , who can understand these works of thine , thus great and marvellous , thus just and true , and not acknowledge thee to be the onely holy one ? let me presse it , by way of exhortation , to provoke you to the same duty : where first , i must open what is meant by fearing , and glorifying his name , and that which is made the ground of this fear , and glory , because thou onely art holy ; and first , of his holinesse . holinesse , whatever it is predicated of , is nothing but a separation of the thing from common uses ; and to sanctifie , is to respect it according to such separation , or as becomes its holinesse : and holinesse in god , is nothing but the incommunicable eminency of the divine majesty , exalted above all other eminences whatsoever . so that to be holy alone , or to be the holy one , ( in scripture signification ) and to be god , is all one ; hab. . . art not thou from everlasting , my lord , my god , my holy one ? isai. . . at that day , a man shall look to his maker , and his eye shall have respect to the holy one of israel , that is unto god . psal. . . the holy one of israel is our king , that is , iehovah is our king . amos . . the lord hath sworn by his holinesse , that is , the lord hath sworn by himself . so then , for thou onely art holy , is as much as to say , thou onely art god ; these works of thine , thus great and marvellous , thus just and true , sufficiently speak , or prove thee , o king of saints , to be the lord god almighty . secondly , [ fear : ] who would not fear thee ? to fear in this sense , and in this place , is to give that awfull respect unto christ , as becommeth his excellency ; to serve him with a singular , separate , incommunicable service , and is so commonly in the scripture taken for the whole duty , which we owe unto him ; thus to fear god , and to take him for our god alone , is all one , gen. . . iacob sware by the fear of his father isaac , that is , by the god of his father isaac . isai. . , . neither fear ye their fear , that is , serve not their gods , sanctifie the lord of hoasts , and let him be your fear , that is , let him be your god alone . [ and glorifie thy name , ] thy name , that is , thy self , thy divine majesty ; and to glorifie this holy one , is not meant by making him glorious , or by adding lustre , or excellency to him , which before he had not , for who ever hath given unto him ? but to glorifie him is , to acknowledge his excellency , and glory , to do unto him , what may become his glorie , to set up and exalt his glory . to fear him ( then ) and glorifie his name , as the holy one , is to acknowledge his divinity , to own him as their onely lord and king , and ( renouncing all other false christs , and mediatours ) to devote themselves to serve him alone , and worship him with a singular , separate , incommunicated worship , ( his jealousie admitting no corrivall , there is none holy as the lord , neither shall any partake with him in his glory ) absolutely , eminently , to do to him themselves , and to provoke others to do , as becommeth his excellency . this is the duty which the church here engageth her self unto , and is in truth , the whole of christianity , the summe of that everlasting gospel , which the angel flying thorow the midst of heaven , was to preach to them that dwell on the earth , and to every nation , and kindred , and tongue , and people , saying with a loud voyce , fear god , and give glory to him , and worship him that made heaven and earth , that is , iesus christ alone , by whom all things were created , and by whom all things consist . and this is the duty ( honoured and beloved ) which i desire to presse upon your selves , even that you would be good christians in your hearts , and in your lives , in your private places , and in your publike standings , to engage your selves with all your might , with all your authority , to advance the glory of christ , as the redeemed of the lord , as true subjects to this king of saints , to offer up as a living sacrifice what ever you have , or are , to his service , in advancing his cause , his worship , his church , doing it your selves , and promoting it in others : to this end , i shall , first , give you a few quickning motives , to stir you up , to make you ready and willing to your duty ; and secondly , tell you what the lord expects at your hands . first , consider what great and wonderfull things our lord hath already done for you , and how little you have feared , and glorified his name to this day : who of you can count the great and righteous dealings of the lord towards you , not onely as you are men , great , or rich , learned , or noble ; nor onely as you are christians , redeemed , called , justified , sanctified , by this king of saints , though all , and every of these mercies , call loud upon you for this duty ; but i mean , as you are a parliament , what great things he hath done for you , in reference to this service , wherein he hath lately employed you . hath he not carryed you in his bosome ? hath he not kept you as the apple of his eye ? as an eagle fluttereth over her young , spreadeth abroad her wings , taketh them , beareth them on her wings , so the lord alone hath preserved you . how constantly hath he discovered , and hitherto frustrated , all the attempts of your enemies , suffering no weapon of war to prosper , that hath been forged against you , condemning every tongue that hath risen up against you in judgement ? i need not name the particulars , i am perswaded , your selves beleeve , that no former parliament can parallell gods dealing towards you , and all this while ( let me speak freely ) how little have you done for his honour , and glory ? i know your distractions have unavoidably hindered much of what might ( and i hope else would ) have been done . but say ( in this day of your thanksgiving ) if you be not infinitely behinde hand with this lord god almighty , with this king of saints ; if you have not ordinarily forgot his mercies , as fast as he hath wrought them : hath he not often filled your hearts with joy , and your purses with money , and you like unthrifty children , have played away all at a cast ? have you not checked his providences , not improved his deliverances , and the advantages which god hath put into your hands ? or if your hearts , at any time , have been raised a little , have they not presently been at a dead low ebb again ? have you not gone about to kill his goodnesse with your unkindnesses , by provoking him at the sea , even at the red sea ? even when , and where he hath delivered you ? especially , have not many of you dishonoured his name , and grieved his spirit by your sinfull lives , by breaking out into things extreamly scandalous , doing the devills work , while you professe your selves to be the lords servants ? let me tell you , the lord will not alwayes strive in one way , in the way of mercy and deliverance : when he hath many a time delivered a people , and they goe on to provoke him with their counsells , he knowes how to say i w 〈◊〉 ll deliver them no more , he knowes how to bring them low for their iniquity , and to give them up into the hands of their enemy : he that for a long time hath seemed unweariable in watching over an unthankfull people , will prove weary of repenting , and in stead of saying , i have seene their wayes , and will heale them , will in the end sweare , i will overturn them , overturn them , overturn them , as a man wipeth a platter turning it upside down . secondly , consider your own place , and standing , the calling , office , and work , wherewith god and his people have trusted you at this time , doe with a wide and loud voyce call upon you to feare the lord , and glorifie his name : more then the salvation of your own soules depends upon you ; the glory of christ ; the establishment of this church and kingdome ; yea the welfare of all christendome , in great measure , are all imbarked in that vessell , the steering whereof , is in great part committed unto you . you are in part , one of the angels , who are to poure out the viall of the wrath of god , who should therefore come out of the temple cloathed in pure and white linnen , having your breasts girded with golden girdles , adorned like the priests of god , holy and pure . be you cleane , yee that beare the vessels of the lord . honourable and beloved , how a bominable a thing were it , to see the angels of god live like the instruments of satan ? how uncomfortable a thing would it be to the people of god , who have chosen you to this worke , and beare you in their hearts , and present you every day at the throne of grace , who are willing to sinke and swimme with you , to live and dye with you , that they should hear that such and such a parliament man will be drunke ? that such an one dare blaspheme , and swear , and abuse religion ? that reformers of religion , should hate religion ? that such as are called to save the kingdome , should betray the kingdome ? that in the grief of their spirits , they should be compelled to say , o lord ! can these men save us ? tell it not in gath , publish it not in the streets of askelon . how dishonourable would it be , not only to you , but to the king of saints , who useth you , that they who hate the worke you are about , should hate it the more , in regard of your wicked lives , who are intrusted with it ? that they should have occasion to say of you , as amurath the great turke said of the christians , who brake their league and covenant with him , ( and therefore sped accordingly ) o iesus ! are these thy christians ? if thou beest a god , as they professe thee to be , revenge this impiety upon them : so when papists and atheists , and such as hate religion and reformation , when they shall see the deformity of your lives , shall say , o iesus ! are these thy reformers ? are these the angels that must pour out the vials of thy wrath ? oh beloved ! do not with elies sonnes , occasion men to abhorre the work of the lord ; far be it from you : but let the office you are called unto , the place you are set in , the worke , and the dignity of the work , ingage you to glorifie the name of christ , that both his work may prosper in your hands , and your selves be established before the lord for ever . but if you will not hearken to me , let me sadly speak it to you , you are as a city set upon an hill , you and your wayes are looked upon by all men ; and if you hinder the worke by your lives , which your office calls you to further , it were better you had never been born into the world . them that honour christ , he will honour , and them that despise him , shall be lightly esteemed ; yea he knowes how to make use of you , and your gifts , to promote his cause , and to destroy you for the iniquity of your lives , as many of those who forwarded the building of the arke , yet perished in the waters . thirdly , consider how loud this dayes deliverance cries in your eares to ingage your selves to feare him , and glorifie his name , who hath wrought this great salvation for you . it were a wastefull expence of time to insist upō the particulars of this late bloudy design in this assembly ; ( though in others usefull ) all the light we have about it , comes from you . the many great and high hands which were ingaged in it , the subtilty of the contrivance , the neernesse of the execution , the woefull consequences , and the bloudy fruits which must needs have issued from it ; the good hand of god in crushing this cockatrices egge , before it brake out to be a fiery flying serpent , are fit things to be published and to be spread abroad in other congregations ; but to you i shall only be a remembrancer of thus much : that you knew not your neer approaching danger , and that had this treacherous and bloudy contrivance took effect , many of you had been at your long home , ere this time , and the rest of this honourable assembly , hitherto the great preservers of our liberty , had beene made as a parliament of paris , the greatest instruments of the kingdomes slavery and vassallage for time to come . but the lord was awake when we slept , and hath took the enemies in the pit which they digged , and hath filled your hearts with joy , and given you another day to praise him . can you upon this day of thanksgiving doe lesse then enquire , what shall we render unto the lord ? i will tell you what he calls for , and expects from you , and i beseech you by these mercies of god that you render it unto him : that you present your bodies and your soules a living sacrifice , holy , acceptable unto god , which is your reasonable service , that you feare him and glorifie his name , for he only is holy . fourthly , and principally , consider the late sacred covenant and vow which you have all entred into ; you have not only entred into it your own selves , but intend to draw the whole kingdome with you , into the oath of god ; let me minde you what you have done ; you saw we were designed to destruction , and that gods meer mercy hath hitherto prevented it ; you see there are still destructive and trayterous designes in hand , in severall parts of the kingdome ; you acknowledge your own sins with others , have deserved all these judgements which either lye upon us , or are threatned against us , and as a means to prevent our utter ruine , you think it necessary to enter into this covenant with almighty god , and you have done it , wherein you acknowledge the desert of your own sins , and you confess your hearty sorrow for them , and your reall intentions to amend your own lives , and what you will further doe to save and preserve religion ; and all this you have done in humility and reverence to the divine majesty , calling the god of heaven , the searcher of all hearts to witnesse your integrity , as you will answer it at that day , when the secrets of all hearts shal be disclosed . think now how deeply you are engaged , and brought under the curse of god , if you perform not this solemn covenant ; think how horrid a thing it will prove , for any of you to stand as perjured men before god , in marters of such consequence ; shall he break his oath ( said god of a king ) and be delivered ? shall he escape that doth these things ? o beloved , it is a fearfull thing ( in such cases especially ) to fall into the hands of the living god , to whom you have appealed , and whose vengeance , if you wilfully fail , you have invocated upon your own heads . lay therefore your hands upon your heart , and think what your purposes and resolutions are in these few things , which i shall mention to you . first , for what is past ; what reall sorrow have ye in your hearts , for those sins which you call god to witnesse you are thus sorry for ? how grievous is the remembrance of them , how intolerable do you feel the burthen of them ? or do you take gods name in vain , calling him to witnesse of the sorrow for those things which he knows you take pleasure in ? think what answer you will make to this . secondly ? what are your resolutions for time to come . you know what blasphemies , what prophanenesses , what uncleannesses , you have hitherto lived in ; what irreligion and libertinisme your selves and families , have hitherto been guilty of , else you would never have acknowledged , your sins to have deserved these judgements ; now i demand , what you resolve to do for time to come : do you purpose to go on in your old ways ; he that was unjust , to be unjust still ; he that was filthy , to be filthy still , and had no other purpose , but to lead the kingdom a dance , to go before them in the formality of a service , without changing your leopards spots , or your blackmoors skins ; or in truth , be you resolved , being changed by the renewing of your minde , to become new creatures , to serve christ in newnesse of spirit , that christ alone may reign as lord and king hereafter , both in your hearts , and lives , and families , as ioshuah did , when he bid the israelites choose whom they would serve ; for himself , he was resolved , though he went all alone , he and his family would serve the lord . thirdly , as you are parliament men , what are your purposes concerning your faithfulnesse to christ , and the cause of christ , and his church committed to your hands ? if you should altogether fail , deliverance will come another way , the gates of hell shall never prevail against the church of christ ; but are ye really resolved , to save the church and kingdom , though your selves should perish in the attempt ? or do you intend under pretence of being factors for christ , to drive a trade for satan and antichrist , to betray religion and liberty ? or to trade in both the indies , to have a stock going on both sides , that you may save your own stake , which side soever win or lose , to save your own skin , whatever become of the kingdom ? like a certain despot of servia , ( of whom i have read in the turkish history ) who lived among the christians , and kept correspondence with the turk ; who was a publike worshipper of christ , but a secret circumcised turk , that that turkish mark might save him , if need were : have any of you such cunning devices , to procure externall safety with the certain ruin of your souls ? honoured , and beloved , i hope better things of you all , though i thus speak , i hope you purpose according to your covenant , and what god requires and expects at your hands , to stick close to christ and his cause , to sink and swim with the church , and cause of christ , with singlenesse of heart , and unwearied resolutions , to carry on the work of god , to value your selves onely as his instruments , and let him do by you , and with you , what is good in his own eyes . and for your encouragement , let me speak a little of the third use , which the church here makes of these great and marvellous , these just , and true wayes , and judgements of this king of saints , which is a propheticall prognostication , and foretelling of what shall further happen upon the pouring out of every viall ; and that is , more and more people , and nations shall come in , and submit to jesus christ ; the nations shall come and worship before thee , for thy judgements are made manifest : and this inables me for your comfort , to help you to an answer of the most difficult question , and most perplexing thought , that i am perswaded is in the heart of most men living at this day , viz. god hath cast our lot in very perplexed times , all the banks are broken down , all gods judgments seem to invade us at once , and gods administration to the kingdom is such , that the wisest man cannot guesse , by gods dealing to day , what he intends to do with us to morrow ; sometimes the lord enables a handfull of ours , to chase thousands of the enemies ; sometimes multitudes of ours flee , as at the shaking of a leaf , when none pursues them ; sometimes we have rare instruments unexpectedly raised up ; by and by very usefull men are taken off , and hopefull men prove treacherous ; sometimes the lord seems to intimate ( as in a cock-pit ) that one fight shall end the businesse , one way or other ; otherwhiles , all things are set as if there would be a lengthening out of these unnaturall wars , untill the cities and countries are utterly spoiled , and the land wasted without inhabitant : now in these calamitous times , every mans thoughts run , as nebuchadnezzars , with desire to know what should come to passe hereafter , and to demand with that saint , how long it shall be to the end of these troubles , and all complain , that there is no prophet to tell us how long ; neither can i blame them as curious , who are modestly solicitous to know what will be the event of these things , for even the prophets and holy men of god heretofore , searched diligently to know what , and what manner of times the holy ghost intended , when he spake of the sufferings of christ , whether in his person , or in his members . now my text gives ( i say ) a satisfactory answer , to this difficult question , and i undertake ( without fear of being censured , to be wise above what is written ) to tell you what will be the issue and event of all these troubles . all protestant writers do agree , that we are under the pouring out of some one or more of these seven vialls ; some think the fourth viall is now powring out upon the sun of the antichristian world ; others the fifth , upon the throne of the beast ; there are , that think we are come as farre as the sixt viall , and the river euphrates is drying up ; i will not determine which of them it is , it is sufficient , ( which of them soever it be ) my text assures me the event shall be this , which is the event of every viall , antichrists part shall be weakned , and the church of christ shall be strengthened ; something in every viall may afflict the church , but incurably wounds the beast . as the seven trumpets were so many degrees of the destruction of the heathen empire , so the seven vialls are so many degrees of the destruction and ruin of the antichristian empire ; and it is worth your observing , that all the time , the whole twelve hundred and threescore years of antichrists reign , christ always had an army of saints , to warre against the beast , a competent number of witnesses , who loved not their lives unto the death ; but all the while of antichrists rising , and triumphant reigning , the event of every conflict , or scuffle was , that the beast grew higher , and the church fell lower , the papacy prevailed over all that rose up against it , so that the church in the end was hardly to be found visible upon the face of the earth ; but it is far otherwise in his declining time , the time when the vials are pouring out , every one of thē plucks part of his fleece ; one of them strips him of this kingdom , another of that ; one of them weakens his temporall , another his spirituall jurisdiction ; he is under the vials , as haman before mordecai , having once begun to fall , he can never more prevail against them , untill in the end ( the seventh viall being poured out upon the whole power of darknesse ) the whole church triumphantly shouts with a loud voice , it is done , there is an utter end of this enemy . so that i dare speak it as confidently as i beleeve the revelation to be divine scripture , and the meaning of it thus farre made known to the churches , that what viall soever is now powring out , the issue will be , that antichrist shall lose , and christ shall gain : and there is but one objection against it , which i confesse to be a great one , and that which troubles many , viz. whether the two witnesses be yet slain : their story ye shall read in the eleventh of the revelation . these two witnesses , are the small , yet competent number of pure worshippers , who follow the lamb , and conflict against the beast all the time of his reign ; now it is there said , that during this whole space of time , they prophecy in sackcloth and ashes , in a low and mournfull condition , and the beast makes warre against them , and prevails against them ; but quando finituri sunt testimonium , a little before the end of their mournfull prophesie , which is a little before the beasts finall destruction ; the beast shall not onely keep them low , in sackcloth and ashes , and prevail by degrees against them as heretofore , but shall kill them , and their dead bodies shall lie unburied in the streets of that great city , that is , in all the territories of spirituall babylon , and the beast and his followers shall be more jolly , and glorious , then ever they have been : now many learned divines suspect this killing of the witnesses is not yet past , and if it be not , the church must go lower then ever it hath been , and how then is the antichristian state weakned by every viall ? to all this i answer , that although i am not able to say , this bitter cup is yet past , ( father , if it be possible , let this cup passe away ) yet i can say , this is true i have delivered , that every viall shall weaken the beast , and strengthen the church , and whether they be killed , or not killed , when ever their killing comes , it lasts but three propheticall dayes and a half , that is , but three years and a half , and then presently come in the glorious times , which christ hath promised , and the church long lookt for ; so that what that father said of the arian persecution , nubecula est , cito transibit , it is but a short , though terrible storm , and will quickly have an end , and that end will be comfortable to the witnesses , who shall after three dayes and a half , arise from their death , and ascend up to heaven in a cloud , their enemies beholding it , and the great city immediately destroyed with a terrible earthquake : and is not this comfortable ? you see , i go not about to determine what the event of these troubles will be to england , as england is a civill , or politicall state , or common-wealth ; christ breaks and moulds common-wealths at his pleasure ; he hath not spoke much in his word , how long they shall last , or what he intends to do with them ; onely this , that all kings and kingdoms , that make warre against the church , shall be broken a pieces , and that in the end , all the kingdoms of the world shall be the kingdoms of our lord , and his saints , and they shall reign over them : but it is the cause of the church , the blessed event of these things to the church of christ , which i speak of , the welfare and good successe of religion , in which cause you are properly engaged and interessed , and which i hope is dearer to you , then ten thousand englands . therefore beloved , be ye stedfast and unmoveable , alwayes abounding in the work of the lord ; fear not your enemies , because they are blasphemous and wicked , because they are set on fire , with the rage , cruelty , and treachery of hell , fear them the lesse for that ; let my enemy be as the wicked , and he that riseth up against me , be as the ungodly : their wickednesse is your advantage , it is their weaknesse , and makes you strong ; let not the huge stature of the anakims , and zamzummims terrifie you ; our state for the present is low , it may be we shall be lower , but lower we cannot be then iob was upon the dunghill , from whence god raised him up ; not lower then ionah , in the whales belly , from whence the lord delivered him ; not lower then the israelites at the red-sea , thorow which the lord made a way for them : go on with your work , and fear nothing , this king of saints hath depths answerable to all our depths ; depths of mercy , answerable to our depths of misery ; depths of power , answerable to our depths of weaknesse ; he can give a comfortable outgate out of all our straits , and my text sayes , he will do it , and with my text i conclude , great and wonderfull are the works of our god : and he delights to work wonders , both in ruining his adversaries , to uphold , comfort , and deliver his people engaged in his cause , and to bring others in subjection to him , who yet are strangers from him . the nations shall come and worship before thee , because thy judgments are made manifest . finis . notes, typically marginal, from the original text notes for div a e- some few instances , clearing the main doctrin , and some in largement of the first use . notes for div a e- cor . . the text . . . . exod. . josh. . the main doctrine of the text explained . revel. . ▪ . isaiah . . judg. . . 〈◊〉 doctr. 〈…〉 instances . deut. . . isa. . , &c. albertus crancius . cajetanus cardinalis . judg. . , . jer. . . jer. . . neh . . revel. . . psal. . isai. . . cant. . nahum . . sleidan . veramundus de suroribus gallicis . knox hist. of scot . thuanus . psal. . . nehem. . . prov. . . judg. . . revel. . . ver. . ver. . ver. . levit. . . luke . . vol . . &c vol. . . . revel. . . chap. , . chap. . . . . . chap. . . chap. . . revel. . . chap. . , . deut. . . revel. . . revel. . . reason . revel. . . sands west . relig. fect . . exod. . . dan. revel. . . dan. . . rev. . , . thess. . . . revel. . . revel. . . matth. . . revel. . . application . . for admiration . mat. . psal. . . psal. . ult motives . . . . john . . jer. . . . . . vse of exhortation . revel. . . col. . , . motives . . 〈…〉 . , . psal. ●● . . psal . esay . . ezek. kings . revel. ● . isay sam. . . ezck. . . . . . . vse of encouragement . dan. . . dan. . . psal. . . pet. . , . ester . . dan. . . dan. . . revel. . . an act for continuance of a former act for setling the militia of this common-vvealth· england and wales. parliament. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) an act for continuance of a former act for setling the militia of this common-vvealth· england and wales. parliament. sheet ([ ] p.) printed by edward husband and john field, printers to the parliament of england, london : [i.e. ] order to print dated: die martis, januarii, . signed: hen: scobell, cleric. parliamenti. with parliamentary seal at head of text. reproduction of the original in the british library. eng great britain -- militia -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no an act for continuance of a former act for setling the militia of this common-vvealth·: england and wales. parliament. a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion blazon or coat of arms incorporating the commonwealth flag ( - ) an act for continuance of a former act for setling the militia of this common-wealth . be it ordained and enacted by this present parliament , and by authority of the same , that the act , entituled , an act for setling of the militia of the commonwealth of england , and all and every the powers therein contained , shall be in force and have continuance to all intents and purposes , until the first day of may , one thousand six hundred fifty and one , any thing in the said former act contained , or otherwise to the contrary notwithstanding . die martis , januarii , . ordered by the parliament , that this act be forthwith printed and published . hen : scobell , cleric . parliamenti . london , printed by edward husband and john field , printers to the parliament of england , . by the king. a proclamation for setting apart a day of solemn and publick thanksgiving throughout the whole kingdom england and wales. sovereign ( - : charles ii) this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing c thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) by the king. a proclamation for setting apart a day of solemn and publick thanksgiving throughout the whole kingdom england and wales. sovereign ( - : charles ii) charles ii, king of england, - . sheet ([ ] p.) printed by christopher barker and john bill, printers to the kings most excellent majesty, london : . dated at end: given under our sign manual at our court at whitehal, the fifth day of june, in the twelfth year of our reign, . annotation on thomason copy: "june ". reproduction of the original in the british library. eng public worship -- great britain -- early works to . great britain -- history -- charles ii, - -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no by the king. a proclamation for setting apart a day of solemn and publick thanksgiving throughout the whole kingdom. england and wales. sovereign a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion c r diev et mon droit honi soit qvi mal y pense royal blazon or coat of arms by the king . a proclamation for setting apart a day of solemn and publick thanksgiving throughout the whole kingdom . charles r. whereas it hath pleased almighty god to manifest his own immediate goodness , wisdom , and power , in his late providence towards us , and our kingdoms , wherein , beyond all humane deans and contrivances , as well of our friends for us , as of our adversaries against us , he hath by the interposition of his own power and wisdom , after a long and tedious exile , returned us home to our people , and , after a long , and seemingly invincible , interruption , restored our people and kingdoms to their ancient rights . liberties , and government ; and all this brought about , by his most wise and over-ruling hand , without any effusion of blood : but , instead thereof , filling the hearts of us , and our people , as full of mutual love , confidence , and joy , as became such a restitution of king and people , whereby the merry is not onely advanced , but the hopes of most happy consequences , thereupon , are increased : we cannot upon the due consideration hereof , but with all humility admire and adore the merry and goodness of god , in these his signal manifestations thereof ; and we looked , and still look upon them as invitations from heaven to us , and all our people , unto most entire thankfulness for the same unto almighty god , and publick and chearful expressions thereof . and whereas in the midst of those our considerations , both our houses of parliament by their address of the one and twentieth of may last , have humbly shewed unto us , that such is the inestimable blessing of our restitution to our royal throne , which at once hath put a period to the calamities of three kingdoms , and to all the sorrows and sufferings of our royal person and family , that they cannot but account it as an entrance into the state of joy and happiness , which obligeth all our subjects to render an everlasting tribute of praise and thanksgiving to almighty god , for these glorious mercies to his afflicted people . and to the end , some solemn time may be set apart for the publick performance of this duty ; and that all our subjects in england and wales , and the town of berwick upon twede , do equally share in the joys of this deliverance , may be united in these devotions , which are offered for it , they therefore humbly beseeched us , that we would be pleased by our royal proclamation to set apart some day , for a publick thanksgiving throughout all these our dominions . we willing that the just tribute of praise and thanksgiving to our great soveraign the king of heaven and earth be returned by us , and all our people for these his deliverances and mercies ; and that as his mercy is of universal concernment to us and all our subjects , so , to the end , that the publick returns of our praise to god , for the same , though it cannot equalize , yet it may in some measure answer the amplitude of the benefit . we do hereby publish and declare , that the twenty eight day of this instant june , be set apart and observed as a day of publick thanksgiving to almighty god , throughout our kingdom of england , dominion of wales , and town of berwick , for this his great mercy ; and we do direct and appoint , that this our proclamation be publickly read in all churches and chappels , on some lords day , precedent thereunto , to the end that notice be taken thereof , and due thanks and praise may , upon the said twenty eighth day of june , be offered up unto almighty god by us and all our people , with one heart , and that humble supplications be poured out before him , for his continual assistance and improvement of this and all his mercies , to the honor of his great name , and the safety , peace and benefit of all our kingdoms and dominions . we willing and strictly commanding all persons within these our dominions , with all sobriety , reverence , and thankfulness , to set apart that day to this duty , and to observe the same as becomes so solemn an occasion . given under our sign manual at our court at whitehal , the fifth day of june , in the twelfth year of our reign , . london , printed by christopher barker and john bill , printers to the kings most excellent majesty . . vox populi: or the peoples humble discovery, of their own loyaltie, and his maiesties ungrounded iealousie this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing v thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) vox populi: or the peoples humble discovery, of their own loyaltie, and his maiesties ungrounded iealousie prynne, william, - , [ ], , [ ] p. [s.n.], london, : printed, anno . sometimes attributed to william prynne. annotation on thomason copy: "aug. .". reproduction of the original in the british library. eng allegiance -- early works to . great britain -- history -- civil war, - -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason e _ ). civilwar no vox populi: or the peoples humble discovery, of their own loyaltie, and his maiesties ungrounded iealousie: prynne, william c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - jonathan blaney sampled and proofread - jonathan blaney text and markup reviewed and edited - pfs batch review (qc) and xml conversion vox populi : or the peoples humble discovery , of their own loyaltie , and his maiesties ungrounded iealousie . london , printed , anno . vox populi . the peoples humble discovery , of their own loyalty , and his majesties ungrounded iealousie . although the charms of rhetorick have stained your majesties declarations , answers , proclamations , speeches and messages , with all the gall , and opposition , that possibly could be infused to exasperate us into the nature of bad subjects ; yet are we resolved to depart from nothing , that may oblige , and court your majesty to continue our gracious king . your evill councellours have tempted your majesty in all they could to divide your individuall person from your regall authority ; and we have vowed in the presence of god , with all the power , and industry we have , to keep them unseperable : which being inconsistent with the malignity of that counsell , which daily joynes it selfe closer to your majestie , and divides us , we are necessitated to imploy that power for the separating that malignity from your majesty , which else wil be the ruine of us all , both king ▪ and people . that there is malignity , the strong siding for the lord straford , and for the votes of popish lords in parliament ; the difficult yeelding to such good acts , as began to establish our peace , and adventuring to question the same at your majesties return from the north by a quaere of the freedome of this parliament ; the many attempts for dissolving us ; the late and slow disarming of the papists ; the enticing many worthie men of quality to petition against established votes , to the great disturbance and dishonour of both the houses and then incensing them to sacrifice the peace and liberty ( if not the lives ) of themselves , and the whole kingdome to their inconsiderate revenge ; and lastly , the uniting all those into one army by an illegall commission of array , doe aboundantly testifie to all mens consciences ( but such , whom passion , and not malice hath carried from us , we hope wisdome and religion will restore unto us ) besides ▪ what malignity hath been wanting in shamefull reproaches , provoking scoffes , false constructions , prejudicate censures , scandalous libells , treacherous plots , both at home and abroad , in slugging all proceedings , that tend to the safety of england , or ireland ; in making cheape the repute of parliaments ; and lastly , both in the invitation and consent of deserting the houses to attend and countenance your majesties strange distance from your parliament , and taking up of armes against it . we would not accuse your majesty , our hearts abhorre it ; nor will our lawes suffer it , unlesse they speak , and proceed to extremities : although your majesty endeavour much to be thought the sole agent : but ( as our laws instruct us ) we accuse such counsellors , and instruments of regall commands , without which the regall office cannot stand : though we doe not instance in all the particular authors , the causes of all things being found , but with difficulty : for such , as dare do ill , will not want so much selfe-love , as to conceale it , having the lives and livelyhood of them and theirs at stake to bribe their secrecie ; untill such time , as they grow bold in wickednesse , and discover themselves , or that he that seeth in secret , brings them forth to be rewarded openly . and in this loyall care of your sacred person , and tender respect of your princely honour , finding that besides the daily discourse of successive dangers ( which seemed to be countenanced by your majesty ) and of unsupportable grievances past , and present , both in church and state , with the slowe , and difficult reparations of either ; the people had also strengthened a jealousie from the intercourse of letters between the pope and your majestie , then prince in spaine , from your preferring the imbraces of a catholicke , before a protestant , to be the consort of your royall bed , and bosome ; from thé increase of papists , priests , jesuites , and a papisticall clergy , and ceremonies throughout the land : and the generall decrease , and severall persecutions of protestants , and faithfull preachers ; from the common boast even of papists themselves , that you were of their religion , and all your majesties most secret counsels were first known to them : from the sharp & eagre proceedings against scottish protestants , and slow proceedings against irish papists , and rebells : and lastly , from the earnest reprieve of priests or jesuites at first ; and afterwards of . priests & jesuites ; and high accusation desperately prosecuted against . members of our houses of parliament ; that your majesty had certainly given up your faith unto the sea of rome . so that being also inflamed by the rebellious and prodigious massacres of ireland , there remaining no oths , nor execrations sufficient to satisfie jealous people from princes , that once give up their beliefe unto that sea , which allowes no oaths , nor faith to be kept to such , whom they shall pronounce hereticks , as they doe us , and imposeth a conscientious obedience , secrecie , and assistance to all their dismall stratagems : we resolved without publishing the disease ( as a sovereigne remedy ) to settle the militia , and thereto councelled your majesty . but what is councell , if not followed ? and what are your majesties acts without councell ? surely if your majesties acts out of parliament are guided , and are not authenticke , but by advice of your majesties attourney , judges , or privie councellors , and they have power to declare so ; shall the great councell of parliament goe lesse , that gives to all them being , and includes them ? or shall the orders of any of their courts be legall , and shall not those of the parliament be much more ? in this advise therfore , and resolution of the militia ( which your majestie used , when there was no need ) we yet most humbly and earnestly in this extreame need and necessity of the subject persist , untill your majestie remove the just occasions of feares , and accord to a sufficient cure of jealousies , by putting the peoples safety into the peoples own hands : whose jealousies are no whit abated by your majesties absence from parliament , and raising of contrary forces , and sending of severall menaces , and returning to your old councells ; and the papists cheerfull interessing themselves in ; and rejoycing at all your proceedings , they all appearing like so many severall omens of the peoples returne to their old ceremonies ▪ and to their old grievances , or worse : nor can we suffer those who by the councell of the nation have done faithfull service to the nation to perish for their faithfull service . the acts of sir iohn hotham , and the rest employed for the militia , and for the navie , had generall commands and instructions to authorize them , and have had particular approbations to confirme them : they must not suffer , and we live ; nor shall so great a sinne make our nation odious to god and man , if we can help it . it is not the allegation of a minor part of parliament can abuse the wiser , and more religious sort of your subjects , since all men know , that each mans vote is of equall power , and freedome in parliament , and the voyces of a few cannot out eccho a great many ; whatsoever therefore is there concluded , cannot but by plurality of voyces , which truly makes the parliament , and the dissenting party makes up the faction , if they persist : or , if it should so fall out , that the major part ( through neglect , or confidence in them remaining ) absent themselves , then are their votes no lesse included in the persons remaining then the votes of the whole kingdome in the fulnesse of parliament : if any be deterred from this freedome , it argues guilt , or cowardize , either of which should pronounce such a one unworthy a trust of so great importance , none being called to the barre , but such , as speake directly opposite to the published or concluded orders of the house , or willfully to move sedition by distrrcting the sense of the house , to the great hindrance and dangerous delay of more necessary affaires : or else the consciences of men ( convinced with their reasons and propositions ) would soone engage the major part in their behalfe , and not against them : which thing likewise may be said of those multidudes comming with congratulations to confirme such , as freely discharge their duties ; it being the duty of all to speake the sense of the major part of the people , and such confirmations but the tokens of it ; and if this were not so , we run the greater hazard in your majesties displeasure , then the dissenting party in the disassenting of their equalls . we doe avow all our proceedings to be by the law of god , the integrity of our owne consciences , and the law of the land , the interpretation whereof , whether it be sitting to be delivered up unto your majesties arbitrament , and such as your majestie will advance thereunto , or to remaine in parliament ( wherein the liberty and votes of subjects are preserved ) your majestie may judge , or which of these your people will consent to . as for arbytrarie power ( which only is incident to kings and princes , who setting up their will for law , forsake the benefit of counsell ) it cannot possibly in any kind be a just aspersion on a parliament , which is it selfe a councell , the greatest councell , and the very proper foundation of all lawes of the kingdome . we doe confesse in this your majesties absence and dissent , we find a want of that harmony , which should make all our orders ▪ as well pleasant and delightfull , as good and profitable ; and wee grieve no lesse for your majestie , who in this remotenesse devest your royall person of all that glory and authority , which should accompany your royall actions . what should your majesty pretend any feare , when your undaunted courage left such a testimony to the contrary , in your passing with so small attendance through the city , and dined there , even then , when the newes of ireland had galled the memory afresh of former plots , and the zeale of people stroke into flame for the dangers of parliament , and were imbittered with the remembrance of hardly escaped burthens of monopolies and ship-monies , court of honour , starchamber , high commission , and the canons ? or what could lesse partake of feare , then such a desperate assault of the priviledges of parliament in your owne most royall person , with such an uncouth sort of attendants , the very day before ? and as there was no signe of feare in your majestie , so was there no cause of feare from us , or from any your majesties subjects , to whom ( had wee entertained the least disaffection or disloyalty ) there wanted not opportunity in any of those times to have endeavoured our owne ends ; but so farre were wee from any such attempt ( as the malignant persons doe falsly belch upon us ) that we not onely calmed the minds of people but brought them to undergoe those charges towards the english and scottish armies , which those malignant persons had brought upon your majesty : having therefore these great testimonies of love and loyaltie , what can your majesty feare or suspect ? unlesse you could yet retaine a resolution to consent , or be an actor in some more horrid designe ▪ that could provoke your people beyond all what is past , to forget their resolutions of affections and allegiance to your majesty ; but sure your royall presence will discusse all feares and jealousies , which your continued absence cannot but foment . we all have sworne allegiance to your sacred person as king ▪ we did not the same , when you were prince , nor is it longer of force unto your royall father , that then was king : when your majesty recedes from your kingly office , you are so farre absent from the object of our allegiance ; there is no difference of benefit to him that hath eyes , and to him that hath none , if light be wanting . all our oaths depend upon the oath your majesty hath taken ; o , then returne unto your parliament , and so unto your people ; returne unto your parliament , and so unto your lawfull power ; returne unto your parliament , and so unto your state and glory ; where when your royall assent hath confirmed those necessary priviledges , which may keepe whole the consciences and estates of your most loyall subjects , all this our body falls into atomes ▪ and your majestie alone remaines in glory , to be beheld the preserver of those priviledges , which all our long and faithfull endeavours have consulted with your majesty . finis . a looking-glasse for the parliament. wherein they may see the face of their unjust, illegall, treasonous and rebellious practices, against almighty god. against their king. against the fundamentall lawes of the kingdome. against their own oaths and covenants. argued betwixt two learned judges, the one remaining an exile beyond the seas, the other a prisoner for his allegiance and fidelity to his king and country. jenkins, david, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing j thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) a looking-glasse for the parliament. wherein they may see the face of their unjust, illegall, treasonous and rebellious practices, against almighty god. against their king. against the fundamentall lawes of the kingdome. against their own oaths and covenants. argued betwixt two learned judges, the one remaining an exile beyond the seas, the other a prisoner for his allegiance and fidelity to his king and country. jenkins, david, - . r. h. heath, robert, sir, - , attributed name. [ ], p. s.n.], [london : printed in the eighth yeer of the parliaments tyranny and oppression. . "to the reader" signed: d.i. [i.e. david jenkins]; r.h. [i.e. sir robert heath?]. the words "against .. covenants." are bracketed together on title page, with numbers - running down at the left. variant: title page and part of [a] in another setting, with "agaiust almighty god" and "paliments tyranny". annotation on thomason copy: "feb: " " "; in imprint date crossed out. reproduction of the original in the british library. eng jenkins, david, - -- early works to . england and wales. -- parliament -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason e _ ). civilwar no a looking-glasse for the parliament.: wherein they may see the face of their unjust, illegall, treasonous and rebellious practices, again jenkins, david d the rate of defects per , words puts this text in the d category of texts with between and defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - jonathan blaney sampled and proofread - jonathan blaney text and markup reviewed and edited - pfs batch review (qc) and xml conversion a looking-glasse for the parliament . wherein they may see the face of their unjust , illegall , treasonous and rebellious practices , against almighty god . against their king . against the fundamentall lawes of the kingdome . against their own oaths and covenants . argued betwixt two learned judges , the one remaining an exile beyond the seas , the other a prisoner for his allegiance and fidelity to his king and country . printed in the eighth yeer of the parliaments tyranny and oppression . . to the reader . courteous reader , whosoever thou art , that shalt peruse this insuing discourse , we desire thee to doe it with candor , and without prejudice of opinion ; before thou hast warily read it , seriously consider it , and advisedly weighed it ; and when thou hast so done , if thou shalt approve of it , practice it , if thon doest not , let us receive thy modest reproof in writing , and informe us better by more learned and infallible arguments of the truth in those grounds we have laid down to our selves , and we shall hold our selves much obliged unto thee , and remaine , studious to doe thee good , d. i. r. h. dated feb. . an. d. . a looking glasse for the parliament . ivdge . sir , i must confesse to you , that i doe apprehend that there is a legislative power in the parliament , but i take it to be in sensu conjuncto , not in sensu diviso , in a sense when the king is joyned to both houses of parliament , not when he is divided from them either in his will or person : for neither house by it self , or both houses together have power to make a law to binde the subject without the royall assent ; now the legislative power is nothing else but a power to repeal old lawes , or to make new ones that shall binde the subject : neither can the king by himself repeal any established , or make any law binding to the subject without the preparation or assent of both houses , not joyning with any one house , make a law or ordinance to binde the other , nor repeal any law whatsoever ; and i am very confident , you cannot shew me an authority in our laws to the contaary ; but you will peradventure say , that the king will fully absent himself from both his houses of parliament , and that thereupon his power is inherent in , and devolved to the parliament . if you should make this objection , besides what you will finde hereafter expressed as touching this question , the practice of all times shew the contrary : for as on the one part , if he be personally present with his parl. yet he may be wilfully absent , or absent in his will , as if he answer to any bill promoted to him , le roy s●avisera , or the king will advise upon it , it stands at present for a negation of the bill , and thereby it is made incapable that session to be an act : so on the contrary part , if the king be absent from both houses of parliament in person , hee may be present in his will ; that is , if his person were at york , and both houses sitting at westminster , and they should send him bills to signe which he should accept of , and indorse this upon them ( le roy le veut ) or the king wills , this is an affirmation of those bills , and makes them acts of parliament ; which not only proves that one or both houses by themselves have not legislative power without the king ; ( for as to the making of lawes they have but a preparatory power to frame and present bills for the royall signature and approbation ) but also that if the king bee absent in person from them either willingly or by occasion of necessity , his legislative power is not representatively lodged in , or devolved unto one or both houses of parliament . i will agree with that great lover of parliaments , and learned father of the law , sir edward cooke , in the fourth part of his institutes p. . that a parliament cannot begin or be held but either in the kings person or by representation : by representation two wayes , either by a guardian of england by letters-patents under the great seale , when the king is in remotis out of the realme , or by commission under the great seale to certaine lords of parliament representing the kings person , he being within the realme , by reason of some infirmity ; so that we hereby conclude that the king is not represented in parliament of common course , but only by speciall commission , in one of these two causes : in the first of which cases , edward duke of cornewall , and earle of chester held a parliament in . e. . for king edw. the third : and john duke of bedford brother and lieutenant to the king and guardian of england held a parliament as guardian of england in the fifth year of king h. the fifth ; and in the second case in . e. . a parliament was begunne in the presence of the king , and prorogued untill a further day ; and when william arch-bishop of york the kings commissary by letters-patents held the same parliament and adjourned the same , the cause of the said prorogation being because the king was inforced to goe into glocestershire to represse a rebellion there ; so in . eli. queen elizabeth by her commission did by her letters-patents authorise john whit gift arch-bishop of canterbury , william baron of burleigh lord treasurer , and henry earle of darby , to begin , hold , and prorogue a parliament , and this commission is entred in the journall booke of the lords house , over which is written , domina regina representatur per comissionarios viz. that our lady the queene is represented by her commissioners : which precedents in both cases plainely prove that the king is not of course representatively in parliament , nor his power lodged there , but by his speciall commissions , or letters patents , which may suffice as to this point ; but for those parts of your motives , that the power of both houses is above the kings , you shall find answered unto hereafter . and whereas you write that the scots have delivered up the king , and that he is a prisoner , and his person at their disposition , that the city and parliament are united , that the whole strength of the kingdome is in their hands , that bishops will be rooted out , their lands sold , and presbyterian government setled ; which i conceive you alledge as arguments to perswade me to compound , and take the oathes you mention ; these are rather arguments of force and fraude , by all zealous lovers of honour , justice and piety to be resisted and withstood , then of truth and reason tobe submittd unto , and looke more like arguments of sutors hill , then westminster hall ; but if you lay them before me , as perswasions of feare and terrour , i answer you in the words of king david , that you may see how vaine these conceits are , psal. . the princes of the earth stand up , and take councell against the lord , and against his anoynted , saying , let us breake their bonds asunder , and cast away their cords from us , he that dwelleth in heaven shall laugh them to scorne , the lord shall have them in derision : he shall bruise them with a rod of iron , and breake them in peeces like a potters vessell . be wise now therefore o yee princes , be learned o yee that are judges of the earth . what though many ox●n are come about the king , and fat bulls of rasan have closed him in on every side , that gape upon him with their mouthes as if they were ramping and roaring lions ? was not this good king davids case , psal. . . was not he hunted after by saul to destroy his life , as a man hunteth after a partridge in the mountaines ? sam. . . did not his enemies lie waiting in his way on every side , turning their eyes downe to the ground , like as a lion that is greedy of his prey , and as it were a lions whelpe lucking in secret places , psal. . . . they spake against him with false tongues , & compassed him about with words of hatred , & fought against him without a cause , psal. . . and davids enemies kept him prisoner too as out king is , for they compassed him about , psal. . . nay he complaines more heavily ; they that hate me without a cause are more then the haires of mine head , they that are mine enemies , and would destroy me guiltlesse are mighty , psal. . . yet what of all this ? are not there many promises held forth in the holy scriptures to us , that may assure a man of the smallest faith , that the king shall be reestablished in his throne , and his enemies confounded , for david assures us there is verily a reward for the righteous , doubtlesse there is a god in heaven that judgeth in the earth , psal. . . and psal. . the lord is knowne by executing judgement , the wicked shall be shared in the works of their owne hands , for the poore shall not be alwaies forgotten , the hope of the afflicted shall not perish for ever : and to prove this he affirmes by way of evidence , psa. . . when the wicked even mine enemies , and my foes came upon me to eate up my flesh , they stumbled and fell , and psal. . he shewes his deliverance by his thanksgiving in these words , i will magnifie thee o lord , for thou hast set me up , and not made my foes to triumph over me , thou hast turned my heavinesse into joy , thou hast put off my sackcloth , and gi●ded me with gladnesse . how then can i dispaire of our kings deliverance and victory ? i hope i may without offence say , that i beleeve our king is a parallell to david in his vertues , and the justice of his cause , and therefore shall with david psal. . conclude this point , the king shall rejoyce in thy strength o lord , exceeding glad shall he be of thy salvation , thou shalt give him his hearts desire , and wilt not deny him the request of his lips , and why ? because the king putteth his trust in the lord , and in the mercy of the most highest he shall not miscarry : and for the latter part of your argument , which is , that either the king will signe the propositions , and so mine estate will be confiscated , or if he doe not , the parliament will doe it by their ordinances without him : i answer , that i feare not his majesties consent to give away the estates of his loyall subjects , but if he be a prisoner as you signifie unto me by your letters that he is , i feare not much that his assent to the propositions can take away mine estate ; neither doe i hold it a peece of wisdome to presse his consent perdures to such propositions , for you that are learned in the lawes know that such consent is not any way binding at all amongst common persons , a fortiori in the kings cause . and for their disposing of mine estate by ordinance without the kings consent , i must deale plainely with you , it terrifieth me not at all , for i am cleerely of opinion that no ordinance without the kings consent is binding to the people , or can alter any property that i have in mine estate , by the fundamentall lawes of the land : and if the king should consent to such an ordinance it were onely binding till the first sessions of the next parliament , and then to dye of it selfe , if not againe revived ; which if i thought you doubted of , i would take the paines to cleare it by citing you authorities sufficient in the point , whereupon i doubt not but you wil infer that there can be no good assurance or sale made of the bishops lands by ordinance without the kings royall and personall assent , nor that both or either house of parliament can dispose of his royall person by any law of the land ( and i hope god will never permit them to dispose of him ) otherwise then to re-establish him in his throne againe , and invest him with all his royall powers and interests , which by the knowne lawes of the land are due unto him , and to make him a glorious king according to their severall declarations , protestations , oaths of supremacie and allegiance , and according to their solemne league and covenant ; all which protestations , oaths , and covenants , every member of both houses , either by the lawes , or by their owne orders , hath or ought to take . now as concerning the covenant , if i understand it aright , the principall ends of it are the setling of presbyterian government in the church , the extirpation of episcopacy , the right and priviledges of parliament , the preservation of the kings majesties person and authority , which is qualified with a clause of equivocation ; viz. in the maintenance of the true religion and liberties of the kingdome , to bring incendiaries and malignants , or evill instruments to condigne punishment ; and lastly , to assist and defend all those that joyn in that league and covenant , to the ends and purposes aforesaid . these being the ends of the covenant , it is expedient that i should consider whether it be lawfull to take any covenant tending to these ends : for i will not dispute the legality or illegality of taking of covenants in generall , but whether without my king and his confirmation , i may make any covenant at all with any sort of people in this land , especially to abrogate any knowne and established law of the land : now to pull downe that government of episcopacy which is established by divers acts of parliament in this kingdome , to set up presbyterian by force of armes , which is inconsistent with the laws and statutes of this realme , and without the kings consent ( who by his office of divine appointment , is the nursing father of the church , as isaiah . . and by the statutes of this land acknowledged to be supreame moderator and governour of the church and kingdome , as hereafter is more at large declared . ) i very much doubt and scruple , whether i may doe it , and the rather for this cause for feare lest joyning in an unlawfull covenant , haply i be found to fight against god , as it was said in the case of the apostles , act. . . for if i enter into this covenant to eradicate episcopacy which hath been approved in the church for the first yeares after christs ascention by all men that have professed the name of christ , and was doubtlesse of apostolicall institution ( if we may give credit unto the ancient fathers , and chronologies of the primitive times ) and make a league to set up presbyterian government , which was never so much as heard of in the church under that notion ( for ought i can read ) till the revolt of the towne of genevah from their obedience unto the duke of savoy in the year of our lord . at which time they tooke occasion to change their old religion , and to expell their bishops for countenance to their rebellion , and called in calvin a learned man of france bred up in the civill laws , to be their moderator in divinity , whom they after through their inconstancie banished , and would have had a bishop of the reformed religion if they could have procured consecration , for want whereof they recalled him againe upon second thoughts to perfect their new modell of church-government , which he there established as it happened in the yeare of our lord . as partly by his owne epistles , and more plainly by mr. hookers workes , and by franciscus boninardus his writings to a sebastian minister , and elsewhere appeares ; which kinde of government , as many learned men are of opinion , is neither of apostolicall institution , nor example , nor agreeable either to the primitive verity or regiment in the church , nor the true christian liberty which the saints of god doe challenge ; though i will not deny that there were both elders and presbyters in the church of christ in the apostles times , yet i take them rather to be a subordinate , then a distinct degree from the regiment of episcopacy . and therefore for mee that am not better satisfied in the discipline of presbytery , and more perswaded of the divine right of episcopacy , to take this covenant , were to act a sin of presumption against the perswasion of my conscience , wherein i may be said to fight against god . as for the preservation of the rights and priviledges of parliament , god forbid , that i should not both sweare and covenant to maintaine them , so long as the houses move within their spheare , and steere their course by the knowne chanels of the lawes of england , and launch not out into the maine of arbitrary government without scale or compasse , so long i hold my selfe obliged with my life and fortune to mainetain them . but whether all those things are priviledges of parliament which are now pretended to be so , or whether the houses move in their proper orbe , without irregularity or deviation , it being a matter of state , which i being abroad cannot take so perfect notice of , i leave it to you , and other learned men who are in england to judge of , it being more proper for you , and those that are upon the place to give a determination of it , then my selfe . and as touching the preservation of the kings majesties person , i hold it my duty to lay downe my life and fortune for it , either in active or passive obedience , without any reservation or such restriction as is aforesaid whatsoever . and i could wish for the worlds better satisfaction , that the houses would please to explaine themselves , what the religion and liberties of the kingdome are they mean by these words ( in the preservation and defence of the true religion , and liberties of the kingdome ) and as touching incendiaries , malignants , and evill instruments of all sorts , i could wish they might be tryed by indifferent judges lawfully constituted , and by the knowne established , lawes of the land , and by those lawes to be brought to condigne punishment : but to enter into a covenant or solemne league to defend the persons of those that shall take it in any other sence , then what i have before expressed ; i doubt i may not lawfully doe it . another scruple i make , whether this covenant is not already broken by those that have taken it , in the very act of restraining the kings person , and by taking away of his authority from him , and in other points , i will not now insist upon ; if it so fall out in truth , that it be already broken , i ought not then to joyne in league and covenant with those that lifting up their hands to the high god , have sworne to maintaine and keepe the same , and notwithstanding this their oath , have falsified their faith to him : with whom if i should joyne my selfe , i should say with the rebellious jewes , hosea . . wee have no king , because wee feared not the lord , and what should a king doe to us ? and i should not only doe the same which they have done , but should also favour them that do them , making my selfe worthy of eternall death , with those covenant breakers which saint paul makes mention of , rom. . . . and thus much concerning the covenant . but truely sir though i take not upon me to dispute the lawfulnesse of the power of both houses to impose oathes or covenants upon the kings people ; yet if i were in england , and this covenant , or the negative oath , or any other oath or covenant were offered to me by way of imposition or constraint , i doe confesse i should make these two objections against it : the one is that which a wise and great peere of this realme now sitting in this present parliament objected against that oath which was offered to be imposed upon all the members of the great counsell at yorke , to wit , that i may lawfully refuse to take or submit my se fe to any oath that is not lawfully injoyned mee by act of parliament , that is enacted and made a law , with full consent of the king , lords , and commons assembled in parliament . and the other objection i should make is this , that if the king , lords , and commons , with full consent in parliament , should enact a thing contrary to the law and word of god , and enjoyne all the subjects of the realme to take an oath to observe it , i might lawfully , and would refuse to take that oath , rather submitting my selfe to the punishment inflicted for not taking that oath , then committing so high a sinne of presumption against god and mine owne conscience , as to sweare to observe a law which is against his law , and his most holy word and commandement . for we ought rather to obey god then man , act. . . . . and i am fully of this opinion that there ought not to be any other oath imposed upon the subjects of this realme then what is imposed and enjoyned by act of parliament , and that only concerning lawfull and indifferent things . and when an oath is offered unto us , so conditioned , i am likewise of opinion that both my selfe , and all other his majesties subjects are bound to take it and observe it . now as concerning the oath in question , which is the negative oath , which runnes in these words ( viz. ) i. a. b. doe sweare from my heart that i will not directly nor indirectly adhere unto , or willingly assist the king in this warre , or in this cause against the parliament , nor any forces raised against the two houses of parliament in this cause or war . and i do likewise sweare that my comming and submitting my selfe under the power and protection of the parliament is without any manner of designe whatsoever to the prejudice or proceeding of this present parliament , and without the direction , privity , and advice of the king , or any of his councell or officers , other then what i have now made knowne : so helpe me god and the contents of this book . i am much scrupled in my judgement and conscience whether it be not both against the law and word of god , against the law of nature , against the setled , knowne , established , and unrepealed laws of this kingdome ; against the law of reason , and against all reason , conscience , honour , and pollicy , either to take it or require it . first , this negative oath seems to me to be opposite to the word of god in restraining me from the performance and execution of a du●y to my king , which by the law and word of god i am enjoyned to discharge towards him , by me kings reigne , saith god , prov. . . therefore i cannot doubt of the lawfulnesse of their calling , and that they are of divine right and institution , the blessed spirit of god speaking in solomon , prov. . . solomon exhorts his sonne , that is , every childe of god in these words , my sonne feare god and the king , and meddle not with them that are given to change ; or as some translations have it , that are seditious : here the holy ghost joynes god and the king under one feare , or under one precept , as if hee should say , to feare the king , is to feare god ; and unlesse thou fearest the king , thou canst not feare god , this is no unsound or improper inference ; for it is the will of god that thou shouldest feare the king , wich will , if thou performe not , thou canst not be said to feare god . now feare in this place is only taken for subjection and obedience , and this duty of thy obedience and subjection , is as properly belonging unto the king , as thy feare is to god , which our most blessed saviour jesus christ expresly declareth , matth. . . in these words , give unto caesar those things that are caesars , and to god those things that are gods ; and though the question were there only concerning tribute , and asked of the pharisees and herodians which were not naturall subjects to cesar , but onely brought under by conquest and force , yet our saviour exhorts the jewes and herodians to performe subjection to caesar in paying the tribute due to him , as well as to perform their duties towards god : which saying of his , ( though the wicked jews thought to entrap him by the question ) yet could they not reprove it before the people , because they were convinced of the truth of it by the light of nature , having not faith to perceive the divine right , that was couched in it , and therefore they marvelled at his answer , and held their peace , as it is recorded , luke . . and though our blessed saviour might have challenged an exemption from the payment of tribute , as being free , yet because he would not offend caesar , he caused peter to pay tribute for them both , as we may read math. . . . st. peter writing unto the strangers that dwelt in pontus , gallatia , cappadocia , asia , and bithynia , who were at that time under the dominion of the roman empire only by reason of their aboad , and so owed but locall allegiance to caesar , exhorts them that they should submit themselves unto all manner of ordinance of man , for the lords sake , whether it be unto the king as unto the superiour , or unto governours , as unto those that are sent of him , for the punishment of evill doers , and for the praise of them that do wel , for so is the will of god that by weldoing ye may put to silence the ignorance of the foolish men . pet. . . where we are to understand by the way , that according to the geneva notes upon that place , by this word , ordinance , is meant the framing and ordering of the civill government , which the apostle calleth the ordinance of men , not because men invented it , but because it is proper to men to exercise , upon which place of the apostle , there are these things observable . first , that wee ought to submit to the king as superiour . secondly , that where a government is monarchicall , as in england , governours are sent by him , and by him only : for if governours had been to have been sent by any other , the apostle writing by the spirit of god , if their calling had been lawfull , would not have omitted to have instructed those strangers to performe subjection and obedience to them . thirdly , that it is the will of god that wee should submit our selves to the king as superiour . fourthly , that in so doing wee doe well . and fifthly , that in doing this well , we shall put to silence the ignorance of the foolish men ; that is to say , of such , who hold that subjection and obedience belongs not to kings , or such that seeke to withdraw us from ours ; wherefore as st. paul saith , rom. . . we must be subject , not because of wrath only , ( or for feare of punishment ) but also for conscience sake ; for this cause wee ought to pay tribute to whom wee owe our tribute , custome to whom custome , feare to whom feare , honour to whom honour is due ; in which words st. paul coupleth together the whole duty of subjection and obedience which we owe to our king , tribute , feare , and honour ; where , in the first place , we are to consider that st. paul wrote those precepts to men as free in christ as our selves , and to romans , men of as much learning , courage , and warlike imployments , as were any at that time , or since in the world , and men who not long before were brought from the subjection of a popular state , to the obedience of a sole and sovereigne monarchy : neither must we forget that these percepts were written in the time of that heathen emperour nero , which then ruled over the romans , and the most bloody tyrannous and persecuting tyrant and enemy to the church of christ that ever was before or since his time : and yet st. paul tells those christian romans , they must be subject for conscience sake , and his doctrine was true , and not without warrant from gods owne mouth ; for let a king be never so wicked , yet he is gods ordinance upon us , and being gods ordinance we are to obey him , by his especiall commandement ; ieroboam was a wicked prince and an idolater , and caused israel to fall away from god , and to sacrifice to idolls , yet we finde that god sent ahijab the prophet unto him with this message , king. . . goe tell jeroboam , for as much as i have exalted thee from among the people , and made thee prince over my people israell ; and god sent jehu with the like message unto baasha , as we read of kings . . and we read of syrus the assyrian heathen emperour , isaiah . . where god saith of cyrus , he is my shepherd , and shall performe all my pleasure , and the . thus saith the lord to his anointed , to cyrus , whose right hand i have holden to subdue nations before him ; and verse the . of the same chapter , i am the lord , and there is none else , there is no god besides me , i guided thee , though thou hast not knowne me . god also calleth nabuchaduezar that wicked , idolatrous persecuting heathen king of babylon , his servant no lesse then three times in holy writ , as we read ier. . . . . and . . which severall places of scripture doe clearly evidence to me , that be the prince or king never so wicked or idolatrous , be he never so unjust ; nay be he pagan or infidell , god acknowledged them to be his owne ordinance upon his people ; nay , and more , commands his people to yeeld obedience to them as his ordinance , upon paine not only of temporall destruction , but of everlasting condemnation , and this is proved unto us by that command of god given to his chosen people the jewes , jer. . . bring your neck under the yoke of the king of babylon , and serve him and live , why will you dye thou and thy people by the sword , by the famine , and by the pestilence , as the lord hath spoken against the nation that will not serve the king of babylon , therefore hearken not to the words of the prophets that speake unto you saying , yee shall not serve the king of babylon , for they prophesie a lye unto you , for i have not sent them , yet they prophesie a lye in my name that i might drive you out , and that yee might perish , ye and the prophets that prophesie unto you . nay , god by the mouth of the apostle st. paul rom. . . commands us upon paine of damnation to obey his ordinance in these words , let every soule be subject to the higher powers , for there is no power but of god , whosoever resisteth the power , resisteth the ordinance of god , and they that resist , shall receive to themselves damnation : who these high powers are , st. peter tells us , pet. . . submit your selves to every ordinance of man for the lords sake , whether it be to the king as supreame , or unto governours , as unto those that are sent by him : the king then is the highest power under god in his realme , and governours are sent but by him , and therefore only to be obeyed , because sent by him : thus we see , were our king an heathen , an idolater , an unjust , or perjured person , yet he is gods ordinance upon his people ; god so acknowledges wicked princes to be , nay commands obedience to them , lest we be temporally destroyed : nay , more then that , lest we receive to our selves damnation : what then ? shall i sweare not to serve , honour , submit unto , and obey my most gracious sovereigne lord king charles , a christian king , and anointed , crowned ; nay my naturall king , as religious , just pious , vertuous , mercifull , and wise a king as ever reigned over this realme of england , or at this time lives in the world , without disparagement to any prince , or potentate now living upon the face of the whole earth : marry god forbid , for feare i receive unto my selfe damnation : no , i will with st. peter , pet. . . feare god , honour the king ; which words import a most holy ordinance , eternall , and indispensable , and by us for no ordinance of man whatsoever to be omitted , or by any law to be discharged : thus much in generall touching the duty that every subject owes to his king by the laws of god . but if it be objected , that these generall precepts inforce nothing in this particular case of the negative oath . i answer , they doe very pregnantly , for the words of the negative oath are these , i. a. b. doe sweare from mine heart that i will not directly , nor indirectly adhere unto , or willingly assist the king in this war , or in this cause against the parliament : in which words there is an inhibition of that duty to my king , which by gods law and his holy word i am enjoyned to performe towards him : and if i sweare this oath , i restraine my selfe thereby in part of that subjection and obedience which is due from mee to my sovereigne ; for it doth not appeare by the scriptures afore mentioned , nor by any other that i know , that there is any case whatsoever excepted , wherein i ought not to pay tribute , custome , feare , or honour to my king ; but in this case i engage my selfe by mine oath not to adhere , or willingly assist the king in this warre , or in this cause against the parliament ; which is as much to say , as i shall not pay him that is due to him by the law of god and injunction of the scriptures : if it bee objected that the scripture bindes mee not to assist the king , or adhere unto him in matter of war : i answer , it doth , though not in direct words , yet in full effect and substance : for within the precept of peter . . feare god , honour the king , and by the first commandement of the second table , honor thy father and thy mother is included all manner of aid and assistance due to a king both in warre and peace , which i prove thus : the geneva notes , which i follow in the interpretation of scriptures being most authenticall of any in these times of reformation , commenting upon the ezek. . on these words , honour thy father and thy mother , expresse that by the parents also is meant all that have authority over us , wherein the king is included : and upon the chapt. of deut. . verse upon the same words , glosse thus ; not for shew , but with true obedience , and with due reverence ; and upon the . chap. of matth. and . verse , where our blessed saviour reproves the jewes for not observing this commandement by offering their corban , which in their case was much like this negative oath in ours , saith thus unto them : honour thy father and thy mother , and he that curseth father or mother , let him dye the death ; but yee say , whosoever shall say to father or mother by the gift that is offered by me , thou maiest have profit , though he honour not his father or mother shall be free , thus have you made the commandement of god of none effect by your traditions : o hypocrites , esaiah well prophesied of you saying , this people draweth neare unto mee with their mouth , and honour me with their lips , but their heart is farre from me , but in vaine they worship me , teaching for doctrine mens precepts . the geneva notes say , that by honour is meant all kinde of duty which children owe to their parents , and what that is , both arias mountanus and vatablus upon the same place interpret , that , honarare est omni in memento supportare vel sustentare , to honour is to support and helpe with all manner of aid or assistance whatsoever ; by which places of scripture , and the approved interpretations thereupon , it is manifest , that both by the first commandement of the second table , and by the precepts of our blessed saviour , and his apostles , we ought to aid and helpe the king with all manner of aid and assistance whatsoever , such as we ought to yeeld to our parents , if they were assaulted , or in distresse , unlesse as the hypocriticall jewes did make the commandement of god of none effect , by offering a gift to the temple , which they called corban , and by taking an oath that they were not bound by that gift to help , honor , or aid their father and mother , but that they might have profit by that gift , so shall we make the law of god , and precepts of our blessed saviour and his apostles of none effect , by this tradition of men . this negative oath , which would absolve us from our duty of subjection & obedience to our king , as if this oath were to his profit . if we should not aid him or assist him , where is our feare , where is our honour , where is our tribute , where is our subjection ? shall we take upon us where the scriptures enjoynes us duties in generall ? to say , the scriptures requires not this or that particular at our hands , where those particulars included are in the generall . but here it may be objected , that the kings warre against the parliament is unlawfull , and the scriptures binde me not to the performance of any unlawfull thing , therefore i may safely take this oath : to this i answer , i will not take upon me to determine the question of the lawfulnesse or unlawfulnesse of the warre , but leave that to the judgement of god almighty , who will one day determine on which side the justice of this war doth remaine : but this i know , that it is lawfull for the king being invaded , to defend himselfe , and that his subjects in such a ease are bound to assist him : and if i bee perswaded in my conscience , that the right of this war is on the kings side , i am bound to assist him in it , whether the right be with him or not : and this also i know , that the head is over the members , and not the members over the head ; and that i also , and all his other subjects ought to performe , if not active , yet passive obedience to him in all causes , at all times , and in all places whatsoever . furthermore , the prophet jer. saith , jerem , . . thou shalt sweare in truth , in judgement , and in righteousnesse , every oath ought to have these three speciall quallities , it ought to be made in truth , in judgement , and in justice , whereunto is opposed falsehood , rashnesse , and unlawfulnesse ; so that if the negative oath have any defect in any of these three particulars , we are to lay it aside , and not to take it as being unlawfull : the nature of an oath is as a bond , for god himselfe declares , numb. . . he that sweareth an oath , and by it bindeth his soule , with a bond shall not violate his word , but doe according to all that proceedeth out of his mouth , which is as much to say that he shall not take the name of god in vaine ; so that hereby i am bound if i take this oath to performe it according to the letter , and not to evade it by saying , i take it in mine owne sense with a mentall reservation , but i must doe it according to all that proceedeth out of my mouth , & if so , then do i absolutely swear against that duty that i am enjoyned to by the scriptures , for i sweare not to adhere to , or assist the k. in this war or this cause , directly or indirectly , so that i may neither aid him in word or deed , nay not so much as pray for his health or successe , nor for the safety of his person , that under him we may lead a quiet and peaceable life in all godlinesse and honesty ; though the apostle s. paul exhorts us in tim. . . to pray for kings to that purpose : nay , by mine oath i am obliged , if i meane to keep it , to stand by , and see any souldier in the parliaments army to kill him , and may not assist him to rescue his life ; wherefore if i doe observe this oath , i take it not in truth , but to an unjust and unlawfull end , and therefore take it not in justice and righteousnesse . secondly , if i understand not what use may be made of this oath , or what i shall be inforced to by it , i take it not in judgement but rashly and unadvisedly , and therein commit a grievous sinne . now i know not , as this oath is penned , what interpretation may be made of it , for if i take it , i sweare that i will not directly nor indirectly adhere unto , or willingly assist the king in this warre or in this cause against the parliament , nor any forces raised against th●t wo houses of parliament in this cause or war . first , i know what will be interpreted an indirect adhering to the king , or assisting of him . secondly , i know not what is meant by this cause , or how far it may be extended . thirdly , i know not in what sense they take these words against the parliament , whether they include the person of the king within the word parliament , or his power only excluding his person : neither doe i understand what is meant by any forces raised against the two houses of parliament , there being now no such forces in the kingdome , and the war at an end ; therefore understanding not the extent of these particulers , i sweare rashly , and therein commit a sinne of presumption if i take it : and lastly , if i take this oath , i sweare to an unjust and unlawfull end ; for i sweare to withdraw mine obedience , subjection and allegiance from him , which is an unjust and unlawfull thing , and to an ill end , the same being due unto him by the law of god , as before is declared by the law of nature , the law of the land , and the law of reason , as hereafter shall be proved . to conclude this point , in taking of oaths we ought to take heed , that we observe these rules of the learned fathers , that is , as to oaths which we take voluntarily , and not by coertion , or by any impulsive necessity : ita jurare , ut sacramentum pietatis , ne sit vinculum iniquitatis : so to sweare that the oath or sacrament of godlinesse which wee take , become not a bond of iniquity to our soules , thereby to engage us in things unjust and unlawfull , both against the lawes of god and men : and if we take rash oaths , to doe an evill thing , penitenda promissio non perficienda presumptio , we must repent of our oath , and not commit the evill , and if we are inforced to sweare that which is unjust and unlawfull , and against the lawes of god and men , wee conceive our selves not bound thereby , for injusta vincula rumpit justitia , justice and equity breaks the bonds of such an oath from our consciences : it being a certaine axiome in divinity , quod per sacramentum non tenemur nisi ad bonum , aut legale : by oaths men are bound to the performance of nothing but what is good and lawfull : now to manifest that this oath is against the law of nature , we are to consider what the law of nature is , which we finde among the learned to be distinguished into two kindes , generall and speciall : this generall by vlpian de justitia & jure l. . tit. . is thus defined , jus naturale est , quod natura omnia animalia docuit : naturall law is that which nature hath taught all creatures living , which he distinguisheth thus from the speciall : jus istud non humani generis proprium sed omnium animalium , quae terra marique nascuntur , avium quoque commune est , the law of nature ( saith he ) is not proper to man alone , but the same is common to all living creatures , as well to birds as to those which the land & the sea produceth ; and agreeable to this is the description of the law of nature , set downe by learned and reverend hooker , in his first booke of ecclesiasticall pollicie , whereby he calls it , that manner of working which god hath set for each created thing to keep , he being a director of infinit knowledge , to guide nature in her wayes : but i meane not that this negative oath is against this generall law of nature , but there is a more speciall law of nature proper to mankinde only , which will steere us to the question in hand : which speciall law of nature proper to men , st. augustine in his epistle ad hil. . & in evangelium johanes tract. . defines thus , lex naturalis est impressio divini luminis , in nobis & participatio legis aternae in rationali creatura : the law naturall , saith he , is the impression of divine light in us , and a participation of the eternall law in the reasonable creatures , which distinction is strengthened by that expostulation which moses makes in the person of god with cain , before any law written , gen. . . if thou dost well shalt thou not be accepted , & if thou dost not well , sin lyeth at the doore ? for so is the law of nature imparted unto us by illumination of the law eternall : that this is most cleare , st. paul witnesseth unto us , rom . . . for when the gentiles ( saith hee ) which have not the law , doe by nature the things contained in the law , these having not the law , are a law unto themselves ; which shew the works of the law written in their hearts , their conscience also bearing witnesse , and their thoughts mean while excusing or accusing them ; what other thing was this , but the law of nature , or the impression of divine light in the hearts of the gentiles ? which doctrine of st. paul reproves the opinion of those , who thinke that whatsoever proceedes of nature is sinne , for if so it were , that whatsoever proceeds of nature is sinfull , how could the consciences of the gentiles bear witnesse for them , or excuse them of the breach of the law ? therefore st. augustine in his third booke de doctrina christiana , cap. saith , omne vitium naturae nocet , ac per hoc contra naturam est , every vice doth wrong to nature , and is therefore contrary to it ; and in his . booke de civitate dei , cap. . he saith , omnia peccata sunt in universum contra naturam & legem naturae : all sins are generally against reason , and the law of nature : and damascene , l. . fidei orthodox : cap. . agrees in this with him ; for saith he , homines facti sunt mali declinando in id quod contra naturam est , men are made evill by declining to that which is contrary to nature : nature therefore is gods instrument , and none other is her guide , but only the god of nature : for as s. paul said in his sermon at ▪ athens when he found an altar directed to the unknown god , act. . . in him we live , and move , & have our being , being also of his off-spring as he told them : their owne poets said , whereby it is clearly proved , that though the athenians being gentiles , and ascribing the being of all things to the law and course of nature ; yet st. paul could finde out another hand in those workes besides nature , to whom nature was only subservient , and an handmaid to obey his eternall law , decree , and purpose according to that order hee hath set downe for the sonnes of men for ever to bee observed . this short digression i have made only to take away this objection that many make , that we are not bound to observe the lawes of nature , and also to let them know that the law of nature is to bee observed , and that as being a participation of the eternal law , it is both perpetuall and unalterable , and not presumptuously to be violated : the consideration whereof moved pythagoras the heathen philosopher to publish amongst his golden precepts , this one , nil turpe committas , neque coram aliis , neque tecum maxime omnium , verere teipsum , commit nothing foule or dishonest , saith he , neither to be known to others , nor to thine own heart , but above all things , reverence thine owne conscience : but to draw somewhat nearer to the thing in purpose , and to prove that this negative oath , is against the law of nature , i must observe with hooker , that as there is a law naturall belonging to men , as they are men in their kinde , which law directeth them in the means whereby they are to steere their actions as to their owne particular preservations , so there is a law naturall which toucheth them as sociable parts united into one body , a law which bindeth them to serve unto each others good , and all to preserve the good of the whole , before whatsoever their owne particular , and from both those roots or branches of the law of nature , springs the allegiance , subjection and loyall obedience , which is due from a subject unto his king , from this speciall law of nature ? man by the impression of divine light is bound to observe the law naturall , as it is written in his heart , and is part of the law eternall by which we are bound to obey , and succour , and assist our parents , whether our naturall parents , or the parents of our country ; and from this relative law of nature , as i may so call it , or the covenant of nature whereby we are bound as sociable parts by the law of nature united into one body for the preservation of the whole , the subject to obedience , faith , and allegiance , the king to protection , and to maintaine the laws , bodies , and goods of his subjects , and both together to maintaine the peace of all ; as fortescue in his booke of the praise of the lawes of england , cap. . observes ; and therefore glanvil who wrote in hen. . time . l. . cap. . saith , mutua debes esse domini & fidelitatis connexio , ita quod quantum debet quisque domino ex homagio , tantum debet illi dominus ex domino praeter solam ex reverentiam the knot of faith ought to be mutuall between the lord & his subject or tenant ; for look how much subjection or obedience the tenant or subject owes to his lord , so much doth the lord owe to his tenant by way of protection , reverence excepted ; which knot aristotle in his first book of politicks proves to be the duty of nature ; for saith he , to command and obey is of nature , for whatsoever is necessary and profitable for the preservation of the society of man is due by the law of nature . now tully lib. . de legibus tells us , that sine imperio nec domus ulla , nec civitas , nec gens , nec hominum universum , genus stare , nec ipse denique mundus potest ; which is , that without command or government , neither any house , nor city , nor nation , nor mankinde , nor to conclude , the world cannot stand : but peradventure that will be confessed , and yet it will be denied that the world cannot stand without monarchy , and objected that monarchy is not that government that ought to be by the law of nature : to which i answer with aristotle , in his first booke of ethicks , that jus naturale est quod apud omnes homines eandem , habet potentiam , that is , the law of nature which with all men hath the same power : now as aristotle in his first booke of his politicks , cap. . and plato in his third book of laws , jump in this opinion that in the first beginning of time , the chiefest person in every house was alwaies as it were a king ; so when numbers of housholds joyned themselves together , in civill societies , kings were the first kinde of governours among them , which is also ( as it seemeth ) the reason why kings have alwayes been , and are to this day called , patres patriae or fathers of their country : and it is not unknowne to any man learned in antiquity , history , or chronologie that it was years after the creation before any law was written or given in the world , according to the computation of ioseph scaliger by the julian account ; the law being given in that year , and delivered by god unto moses on mount sinai , and whether the old world before the floud were governed by kings , it is disputable ; but sure i am that nimrod the sonne of c●sh , the son of cham , the sonne of noah , was a king ; for i finde gen. . . that the beginning of his kingdome was babel , and erech , and accad , and calneh in the land of shinar , and according to the computation aforesaid , began his reigne in the yeare of the world , which was yeares before the law was given , and yeares after the floud ; in all which time it is more then probable that all the nations of the world ( except the jewes ) were governed by monarchies or kings , and long after the law was given to the jewes , which is proved unto us by that demand of the jews made unto samuel , sam. . . and they said unto him , behold thou art old , and thy sons walke not in thy wayes , make us now a king to judge us like all nations : and we see it yet continued to this day among all the gentiles & heathens upon the earth ; by which sort of people , above twenty parts of thirty of the knowne world are now inhabited : that the only government of each severall nation among them is monarchy , and much more subjection and allegiance performed by the heathen subjects to their gentile kings , then is amongst us towards ours ; which is a full argument to mee that monarchy is not only a divine ordinance or institution of god almighty from the beginning , and a branch of the law of nature , but also the best of governments too , because those gentile nations which guide their actions only by the law of nature , imbrace this forme of government and none other , making good that maxime of their heathen philosopher afore remembred , jus naturale est quod apud omnes homines eandem habet potentia , which induces me to affect the opinion the more , because i see the gentiles ever submitted to monarchy call regiment ; for with monarchy i say , non potest error contingere ubi omnes idem opinantur : and with teles● non licet naturale universaleque hominum judicium falsum vanumque existimare , an error of judgement cannot be where all men are of the same opinion , and we ought not to esteeme the universall judgement of naturall men to be false and vaine . but i will dwell no longer upon the fringe of this particular , but make this point evident by the laws of this kingdome , which are a part of natures law , that this oath is against the law of nature , and for that cause only , that if i take it , i am thereby withheld from the execution of mine allegiance , whereby i make violation of natures law ; to make this cleare and evident , it appeares unto us by calvins cas , recorded in the seventh part of sir edwards c●●ks reports , that there are in our law foure kinds of allegiance ; the first 〈…〉 all , which is due from every subject bo●●e within his majesties dominions , to his majesty as to his sovereigne lord and king . the second is ligeantia legalis , or legall allegiance , which is due by every subject to the king by reason of his suit royall , and this is not naturall , but created by king arthur for expulsion of the sarazens , and continued after by others for the danes exile , and is proper for the suppressing of insurrections , and expelling invaders . the third is , ligeantia acquisitia , or purchased allegiance , which comes by indenization . the fourth and last , is locall allegiance and that is due from strangers , friends to kings , whilst they are in their dominions . i meddle not with the two last , and omit for brevity sake , and because i shall not need to draw any argument from it , to helpe my selfe withall , to speake any thing of legall allegiance : but for naturall allegiance , it is absolute pure and indefinite , that such an allegiance there is as naturall , if you read the indictment of the lord dacres , . h. . you shall finde it runne thus , quod praedictus dominus dacre debitum fidei & ligeantiae suae quod prefato domini regi naturaliter & de jure impendere debuit minime , &c. which in english is thus , that the aforesaid lord dacre not regarding the duty of his faith and allegiance , which he did naturally and of right owe to , and ought to pay to king henry the . &c. and cardinall poole . h. . being likewise indicted of treason , contra dominum regem supremum & naturalem dominum suum , that is against the king his naturall and supreame lord ; which indictments prove a naturall allegiance to be not only due , but of right due from every subject to his sovereigne king , and as this allegiances is naturall , so is it absolute , so is it pure , and indefinite , quia nullis claustris coercetur nullis metis refraenatur , nullis finibus premitur , it ought not to bee constrained or bridled with any bonds , nor restrained to any place ; for a man though he may abjure his country , or his kingdome , yet he cannot abjure his allegiance , nay he cannot alien , give a way , or withdraw his allegiance from his king by the law of nature , to his kings prejudice , though he should gaine his liberty , freedome of estate and honour or advancement unto the bargaine ; for st. augustine saith , nemo jure naturae cum alterius detrimento locupletior fieri debet , no man by the law of nature ought to be made richer by the losse of another ; but if i withdraw mine allegiance , the king hath lost a subject , therefore i may not doe it , neither can the king release it to any of his subjects , it being an inseparable accident adherent in the person of a king , and is due , omni soli & semper , to every king under heaven from his owne naturall subjects : it is due to every king , and alwaies to kings , and only to kings by the law of nature : and it is only due to his person , and not to his office , which is only imaginary and invisible , and no where formally to be found but in his person , as by the said case of calvin more fully appeares : hereupon i conclude , that allegiance being due by the law of nature to the kings person , and that i neither can abjure it , nor alien it , or withdraw it from him , nor he release it to me , and that it is only due to him , and to no other : i cannot take this oath and keep it , without violation of the law of nature , and manifest injury both to my selfe and sovereigne king , quia jura natura sunt immutabilia , the lawes of nature are immutable , as before is observed , and is plainly held forth by bracton , l. . cap. . & docter & stud. cap. . . and so from this point of the law of nature , i come to shew that this negative oath is absolutely against the knowne , setled , and established laws of the land : the reason is , because if i take it & keep it , it withholds me from the performance of my duty of allegiance which is due to my king from me by the law of the land ; and so i am informed by the books of law : this tearm or word allegiance is rendred unto us under divers names in our law bookes , as sometimes it is called fides or faith , as bracton l. . tract. de exceptionibus cap. . fol. . and so fleta l. . cap. . alienigena repelli debet in anglia ab agendo donec fuerint ad fidem regis angliae , aliens ought to be kept from acting in england till they shall be of the allegiance of the king , that is by endenization : so glanvil l. . cap. . salva side debita domino regi & heredibus suis , that is , saving our faith or allegiance due to the king and his heires : so littleton l. . in chap. homage , where i doe my homage to my lord , salve le foy du a nostre senior le roy , saving the faith which i owe to our lord the king ; and in the statute of . e. . de natis ultra mare , these words ( faith and allegiance ) are coupled together as signifying one thing ; sometimes it is called obedientia regis , our obedience to the king , as in the bookes of . e. . . . r. . . and in the statutes of h. . . cap. . and . h. . . and in the booke of . ass . pl. . it is called ligealty , but by what name soever it bee called , whether faith , obedience , ligealty , or allegiance , all is one , it is due still from us subjects to our sovereigne lord the king : by the statute of r. . cap. . and . r ▪ . cap. . . h. cap. . and many other , the people are called liege people ; and by the statute of . h. . cap. and . h. cap. . and divers other , the king is stiled liege lord of his subjects , and these that are bound under the kings power are called his naturall leige-men , as in the . h. . fitz. title dower , and . e. . cap. . so that i may conclude upon these authorities , that ligeantia est vinculum fidei domin● regi , our allegiance is the bond of our faith to the king ; which being so , wee may well say of it as sir edward cooke doth , that ligeantia est legis essentia , our allegiance is the essence of the law , and so it hath been often and sundry times declared by many & sundry , wise , temperate and well advised parliaments of england . the government of kings in this isle of britain , hath been very ancient , even as ancient as history it self ; for those who deny the story of brutus to be true , doe finde out a more ancient plantation here under kings , namely under samothes grandchilde to japhet the son of noah , from whom the ancient britaines that inhabited this land , are according to their conceits descended : kings or monarchs of great britaine had and did exercise far more large and ample power , and did claime greater prerogatives over the people under their government and jurisdiction , then the kings of england have done since the norman conquest , as it is to be seen at large both in the brittish chronicles and records of these times , and in our english histories , and may also be gathered out of the writings of the romans who invaded this island , and lived here upon the place : and i doe not finde that ever the people of brittaine made any of their kings by election of voices , or put them out at pleasure , but that the kingly government and right of the crowne , descended alwayes by hereditary descent and succession , though in that infancy of law and right it may be suspected that there was not so much regularity of justice or observation of right , as in these latter & more refined ages hath or ought to be : i may boldly affirm , and it cannot be denyed by any ●●at hath read all the chronicles and statutes of this realme , that there hath beene any king of england since the conquest , that hath not beene acknowledged by both houses of parliament , of their severall times , to be soveraigne lords of this realme , and their soveraigne lords too , although that some of those kings were onely reges de facto , and not de jure , kings onely in fact and not of right , and such as by the lawes of england had no right to the crowne ; and all the parliaments since the conquest , have acknowledged that the crowne of england , and the government of the realme hath belonged to the kings , of hereditary right , and not by election ; some of these parliaments , in more expresse and perticular manner then the rest : and they of later times , more amply then the ancient . by the statute called dictum de kenilworth , made . h. . king hen. . is acknowledged to be lord of the realme , in the statutes made at gloucester , in the sixth yeare of the raigne of king e. . king edw. ▪ is acknowledged by the parliament , to bee their soveraigne lord , and so was king edw. . king edw. . king rich. . and all the kings since , by all parliaments held in their severall raignes ; as to the studious reader of the acts of parliament , made in their severall times will appeare : by a parliament held at westminster , anno . edw. . it is acknowledged to belong to the king through his royall signiory , streightly to defend force of armour and all other force against the peace of the kingdome , at all times when it shall please him , and to punish them which shall do contrary , according to the lawes and usages of this realme , and that thereunto they were bound to ayde him , as their soveraigne lord , at all seasons when need should be : in the raigne of king edw. . the two spencers , hugh the father , and hugh the sonne , to cover the treason hatched in their hearts , invented this damnable and damned opinion , as it i● stiled in calvines case : that homage and oath of legeance , was more by reason of the kings crowne ( that is his politique capacity ) then by reason of the person of the king , upon which opinion , they inforced execrable and detestable conseque●●s . first , that if the king do not demeane himselfe by reason , in the right of his crowne , the peers are boundly oath to remove the king . secondly , seeing the king could not be removed by suit of law , that ought to be done by aspertee , which is as much as to say , by force , and war . thirdly , that his lieges were bound to governe in ayde of him , and in default of him : all which opinions were condemned by two parliaments ; one held in the raigne of king edward the second ; the other in the first yeare of king edward the third , cap. . as by the old printed statutes appeares : by the statutes of . edw. . cap. , it is ordained , that if a man shall compasse or imagine the death of our soveraigne lord the king , or of my lady his queene , or of his eldest sonne ; or if any man levy warre against the king in his realme , or bee adhered to the kings enemies , giving to them ayde or comfort in the realme or elsewhere , &c. it shall be judged treason . it is reported to us by sir edward coke , in the fourth part of his institut . called the jurisdiction of courts , pag. . that rot●l● parliament . anno ▪ . edw. . num . . it was then agreed in parliament , that the statute made , . edw. . should be repealed , and lose the name of a statute , as contrary to the lawes and prerogative of the king . it appeares , rot. parlia. . num . . called lex ●● consuetudo parliamenti , cited by sir edward coke , in the fourth part of his institutes , pag. . & . that the lords and commons in full parliament , did declare , that they could not assent to any thing in parliament , that tended to the disherison of the king and his crowne , whereunto they were sworne ; by the statute of . rich. . cap. . king richard the second , is by the parliament called their redoubted soveraigne lord , and the people his liege people ; and by parliament in the body of that act ; it is acknowledged , that the crowne of england hath beene so free at all times ; that it hath been in subjection to no realme , but immediately subject to god , and to none other in all things touching the regall●ty of the same crownel ; notwithstanding , that afterwards warres was lovyed against him by his subjects , and he was against all law and right , deposed , or enforced to make a surrender of his crowne , or at least they pretended he did so , though some hystorians doubt whether he ever consented to it , being murthered , to make way for king hen. . who had very small pretents to the crowne , as men learned in the lawes of this realme have in all time since held ; which kind of disposing of the kings person , i hope and beleeve is not meant by them , and which horrid act ▪ though it gave some present security , to some particuler persons that were then active ▪ in his destruction : yet it cost this kingdome in generall very deare , in the expence of blood and treasure in the succeeding times , by bloody civill warres , wherein the decay of men by those warrs was so great , that many judicious historians are of opinion , that the number of men lost in those warres , was not recruited or made up by a following progeny , till the beginning of king james his raigne ; and it is to be feared that this blood is not expiated and dryed up in this land : the gates of janus temple being opened , both without the kingdome and within , for the space of an hundred yeares and upwards , till by gods great goodnesse there came to be an union of the rights of the two houses of york and lancaster to the crowne of england , in king hen. . and queene elizabeth his wife , though that till neare the middle of his raigne , the sword was not altogether sheathed ; but there were some counterfeit pretenders to the crowne , which stirred the unconstant multitude to sundry rebellions , which after some time of rest from those civill broyles , the king , lords , and commons in parliament , upon full experience and consideration of the troubles past , for the prevention of the like in future times , thought fit to revive the ancient lawes of the realme , and to declare that by act of parliament , which was and had beene a fundamentall law of the land , and was before part of the common law , thereof to enact and declare in the eleventh yeare of the said kings reigne , in the first chapter of the statutes made in parliament in the said yeare , in these words . anno vndecimo henrici septimi . the king our sovereigne lord , calling to his remembrance the duty of allegiance of his subjects of this realme , and that they by reason of the same , are bound to serve their prince , and sovereigne lord for the time being in his warres , for the defence of him and the land , against every rebellion , power , and might , raised against him , and with him to enter and abide in service , in battaile , if case so require , and that for the same service , what fortune ever fall by chance in the same battaile , against the minde and will of the prince , as in this land sometimes passed , hath been seene , that it is not reasonable but against all lawes , reason , and a good conscience , that the said subjects going with their sovereigne lord in warres , attending upon him in his person , or being in other places by his commandement , within this land or without , any thing should lese or forfeit for doing their true duty and service of allegiance : it is therefore ordeyned , enacted , and established , by the king our sovereigne lord , by the advice and assent of the lords spirituall , and temporall , and commons in this present parliament assembled , and by authority of the same , that from henceforth no manner of person or persons whatsoever he or they be , that attend upon the king and sovereigne lord of this land for the time being , in his person , and doe him true and faithfull service of allegiance in the same , or bee in other places by his commandement in his warres , within this land or without , that for the said deed and true duty of allegiance , he or they be in no wise convict , or attaint of high treason , ne of other offences for that cause , by act of parliament or otherwise by any processe of law , whereby he or any of them shall forfeit life , lands , tenements , rents , possessions , hereditaments , goods , chattels , or any other things , but to be for that deed and service , utterly discharged of any reparation , trouble , or losse : and if any act or acts , or other processe of the law hereafter thereupon for the same happen to be made contrary to this ordinance , that then the act or acts or other processe of law whatsoever they shall be , stand and be utterly voyde : provided alway , that no person or persons shall take any benefit or advantage by this act , which shall hereafter decline from his or their allegiance . and sir , here i desire to know your opinion in your indifferent judgement upon this law , whether i need to sue out any pardon , or compound for mine estate , having done nothing but the duty of myne allegiance to my naturall king . by the statute of . hen. . cap. . it is expressed that by diverse sundry old authentique histories , and chronicles , it is manifestly declared that this realme of england is an empire , and so hath been accepted in the world , governed by one supreame head , and king , having the dignity and royall estate of the imperiall crowne of the same , unto whom a body politick , compact of all sorts and degrees of people , divided in tearmes and by names of spiritualty and temporalty beene bounden , and given , to beare next to god a naturall and humble obedience , he being also instituted and furnished by gods goodnesse , with plenary , whole , and intire power , preheminencie , authority , prerogative , and jurisdiction , to render and yield justice , and finall determination to all manner of folkes , resiants , or subjects within this realme , in all causes , matters , debates , and contentions , happening or accruing , within the lymits thereof : by the statute of . hen. . cap . it is declared in ●u●l parliament , that king henry . was justly , and rightfully ought , to be supreame head of the church of england , and that he being their sovereigne lord , his heyres and successors kings of this realme should be so accepted and taken , and should have and enjoy , as united and annexed to the imperiall crowne of this realme , as well the title and stile thereof , as all honours , dignities , preheminencies , jurisdictions , priviledges , authorities , immunities , profits , and commodities , to the said dignitie of the same supream head of the said church belonging or in any wise appertaining : which statute was confirmed and inlarged in some perticulars , by the acts of parliament of . hen. . cap. . and . hen . cap. . by the statute of . hen. . cap. . the parliament moved king hen. . to foresee and provide for the profit and surety both of himselfe and of his most lawfull succession , and heyres , upon which depended all their joy and wealth ; and in whom they acknowledged was united and knit the onely meere true inheritance , and title of this ▪ realme , without any contradiction : ( wherefore wee say they ) your said most humble and obedient subjects in this present parliament assembled , calling to remembrance the great divisions which in times past have beene in this realme , by reason of severall titles pretended to the imperiall crowne of the same , which sometimes , and for the most part ensued by occasion of ambiguity and doubts , then not so perfectly declared , but that men might upon froward intents expound them to every mans sinister appetite and affection after their sence , contrary to the right legallity of succession , and posterity of the lawfull kings and emperors of this realme , whereof hath ensued great effusion of mans blood , as well of a great number of the nobles , as other of the subjects of the realme , &c. by the statute of . hen. . cap. . intituled , an act for recontinuing of certaine liberties and franchises heretofore taken from the crowne , it is thus enacted , . hen. . where diverse of the most antient prerogatives and authorities of justice appertaining to the imperiall crowne of this realme , have been severed and taken from the same by sundry gifts of the kings most noble progenitors , kings of this realme , to the great diminution and detriment of the royall estate of the same , and to the hinderance and great delay of justice : for reformation whereof , be it enacted by authority of this present parliament , that no person or persons of what estate or degree soever they be of , from the first day of july which shall be in the yeare of our lord god , . shall have any power or authority to pardon or remit any treasons , murders , manslaughters , or any kinde of follonies , whatsoever they be . not any accessaries to any treasons , murders , manslaughters , or fellonies , or any utlayers , for any such offences aforesaid , committed , perpetrated , done , or divulged , or hereafter to be committed , done , or divulged , by or against any person and persons , in any part of this realme , wales , or the marches of the same , but that the kings highnesse , his heyres and successors , kings of this realme , shall have the whole and sole power and authority thereof , united and knit to the imperiall crowne of this realme , as of good right and equity it appertaineth ; any grants , usages , prescription , act or acts of parliament , or any other thing to the contrary hereof notwithstanding . out of which statute i collect that no pardon whatsoever , but the kings , can free me from his punishment , if i have offended him against my allegiance ; by the reading of which statute , i doubt not but you will be satisfied , that i neede not take a pardon from both houses of parliament ; and if i should i can do my selfe no good by it , but i should thereby make my selfe a traytor upon record , to mine owne perpetuall shame and ruine : for every pardon ( you know ) if it be sued out before conviction , is a confession of the fault , and if pardon be not good in law , ye● it being a matter of record , the treason thereby stands confessed , and the kings attourny may in after times take advantage of it , because i have confessed it by suing out the pardon . and it is also enacted by the authority of the said parliament , that no person or persons , of what estate , degree , or condition soever they bee , from the said first day of july , shall have any power or authority to make any justices of oyre , justices of assise , justices of peace , or justices of gaole-delivery , but that all such officers and ministers shall be made by letters patents under the kings great seale , in the name , and by authority of the kings highnesse , and his heyres kings of this realme , in all shires , counties , counties palatine , and other places of this realme , wales , and marches of the same , or in any other his dominions , at their pleasure and wills , in such manner and forme as justices of eire , justices of assise , justices of peace , and justices of goale-delivery , be commonly made in every shire of this realme , any grants , usages , prescription , allowance , act , or acts of parliament , or any other thing or things to the contrary thereof , notwithstanding . by the statute of . edw. . cap. . it is acknowledged that all authority of jurisdiction spirituall and temporall , is derived and deducted from the kings majestie , as supreame head of the realme ; and that no ecclesiasticall court can be held within the realme , but by authority from his majestie . by the statute of . and . edw. cap. . it is recited , forasmuch as it is most necessary both for common pollicy and duty of the subjects , above all things , to prohibit , restraine , and extinct all manner of shamefull slanders , which might grow , happen , or arise to their sovereigne lord the kings majestie , which when they be heard , seene or understood , cannot but be odible and abhorred of all those sorts that be true and loving subjects , if in any point they may doe , or shall touch his majesty , upon whom dependeth the whole unity and universall wealth of this his realme , &c. by the statute made in the second parliament , of the first yeare of queene mary cap. . it is acknowledged that the imperiall crowne of this realme , with all dignities , honours , prerogatives , authorities , jurisdictions , and preheminences whatsoever , to the same united or annexed , were descended unto queen mary , and that by force and vertue of the same , all regall power , dignity , honour , prerogative , preheminency and jurisdiction , did appertaine , and of right ought to appertaine unto her , as to the soveraigne supreame governour and queene of this realme : by the statute of primo eliz. cap. . the queenes right , as belonging to the crowne of england , and are restored to her , and the oath of supremacie enacted and then made ; and by another act made the same parliament cap. . intituled an act of recognition of the queenes highnesse title to the imperiall crowne of this realme , the whole parliament acknowledgeth the queenes right to the crowne by lawfull discent and succession , both by the lawes of god , and the lawes and statutes of this realme , with all the rights , prerogatives , preheminencies , and jurisdictions whatsoever , belonging or appertaining to the same , binding themselves therein by solemne oath , to maintaine " the title of her and her heyres thereunto : neither can i omit to remember that famous and never to bee forgotten act of recognition of his right to the crowne of england , made to king james our kings father in full parliament , in the first yeare of his reigne , which that it may the more clearely appeare what it is , i have here transcribed at large , without addition or diminution of word or syllable , as an act to the observance whereof , i am obliged , and was bound in the loynes of myne ancestors , who were then representatively present in the same parliament , which act of parliament is thus intituled , a most joyfull and just recognition of the immediate lawfull and undoubted succession , descent and right to the crowne : the act it selfe is printed in the statutes at large , in these words . anno primo . iacobi regis . great and manifold were the benefits ( most deare and most gracious sovereigne ) wherewith almighty god blessed this kingdome and nation , by the happy union and conjunction of the two noble houses of yorke and lancaster , thereby preserving this noble realme , formerly torne and almost wasted , with long and miserable dissention and bloody civill warres . but more inestimable and unspeakable blessings are therby powred upon us , because there is derived and growne from and out of that union of those two princely families , a more famous and greater union ( or rather a reuniting ) of two mighty famous and ancient kingdomes ( yet anciently but one ) of england and scotland , under one imperiall crowne , in your most royall person , who is lineally , rightfully , and lawfully descended of the body of the most excellent lady margaret , eldest daughter of the most renowned king , henry the seaventh , and the high and noble princesse queene elizabeth his wife , eldest daughter of king edward the fourth : the said lady margaret , being eldest sister of king henry the eight , father of the high and mighty princesse , of famous memory , elizabeth late queene of england . in consideration whereof , albeit we your majesties most loyall and faithfull subjects of all estates and degrees , with all possible and publique joy and acclamation by open proclamations , within few howres after the decease of our late sovereigns queene , acknowledging thereby , with one full voyce of tongue and heart , that your majestie was our onely lawfull and rightfull leige lord and sovereigne , by our unspeakable and generall rejoycing , and applause at your majesties most happy inauguration , and coronation : by the affectionate desire of infinite numbers of us of all degrees , to see your royall person , and by all possible outward meanes have endeavoured to make demonstration of our inward love , zeale , and devotion to your excellent majesty , our undoubted rightfull leige sovereigne lord and king : yet as we cannot doe it too often or enough , so can there be no meanes or way so fit , both to sacrifice our unfained and hearty thankes to almighty god , for blessing us with a sovereigne , adorned with the rarest gifts of minde and body , in such admirable peace and quietnesse , and upon the knees of our hearts , to agnize our most constant faith , obedience , and loyalty to your majesty , and you royall progenie , as in this high court of parliament , where all the whole body of the realme , and every particular member thereof , either by person , or by representation ( upon their owne free elections ) are by the lawes of this realme , deemed to be personally present . to the acknowledgment whereof to your majestie , wee are the more deeply bounden and obliged , as well in regard of the extraordinary care and paines , which with so great wisedome , knowledge , experience , and dexterity , your majestie ( fithence the imperiall crowne of this realme descended to you ) have taken for the continuance and establishment of the blessed peace , both of the church of england in the true and sincere religion , and of the common-wealth , by due and speedy administration of justice , as in respect of the gracious care , and inward affection , which it pleased you on the first day of this parliament , so lively to expresse by your owne words , so full of high wisedome , learning , and vertue , and so repleate with royall and thankfull acceptation of all our faithfull and constant endeavours , which is and ever will bee to our inestimable consolation and comfort . we therefore your most humble and loyall subjects , the lords spirituall and temporall , and the commons in this present parliament assembled , doe from the bottome of our hearts yield to the divine majesty all humble thankes and praise , not onely for the said unspeakable and inestimable , benefits and blessings above mentioned , but also that he hath further inriched your highnesse with a most royall progeny of most rare and excellent gifts , and forwardnesse , and in his goodnesse is like to increase the happy number of them : and in most humble and lowly manner doe beseech your most excellent majesty , that ( as a memoriall to all posterities , amongst the records of your high court of parliament , for ever to endure ) of our loyall obedience , and hearty and humble affection ; it may be published and declared in this high court of parliament , and enacted by authority of the same . that we ( being bounden thereunto both by the lawes of god and man ) doe recognise and acknowledge , ( and thereby expresse our unspeakable joyes ) that immediatly upon the dissolution and decease of elizabeth late queene of england ; the imperiall crowne of this realme of england , and of all the kingdomes , dominions and rights belonging to the same , did by inherent birth-right , and lawfull and undoubted succession , descend and come to your most excellent majesty , as being lyneally , justly , and lawfully , next and sole heyre of the blood-royall of this realme , as is aforesaid : and that by the goodnesse of god almighty , and lawfull right of descent under one imperial crown , your majesty is of the realmes and kingdomes of england , scotland , france , and ireland , the most potent and mighty king , and by gods goodnesse , more able to protect and governe us your loving subjects , in all peace and plenty , then any of your noble progenitors ; and thereunto we most humbly and faithfully doe submit and oblige our selves , our heyres and posterities for ever , untill the last drop of our bloods be spent : and doe beseech your majesty , to accept the same as the first fruits in this high court of parliament , of our loyalty and faith to your majesty , and your royall progeny and posterity for ever : which if your majesty shall be pleased , ( as an argument of your gracious acceptation ) to adorne with your majesties royall assent ( without which , it can neither be compleat and perfect , nor remaine to all posterity , according to our most humble desires , as a memoriall of your princely and tender affection towards us ) we shall adde this also to the rest of your majesties unspeakable and inestimable benefits . and by the statute of . jaco . cap. . by which statute the oath of allegiance is injoyned : it is declared , that if any person shall put in practice to absolve , perswade , or withdraw , any of his majesties subjects from their obedience to his majesty , his heires , or successors , or to move them , or any of them , to promise obedience to any other prince , state , or potentate , that then every such person , their procurers , counsellers , ayders , and maintainers , shall be adjudged traytors : and doe not the parliament , both in the first , and third yeare of this king , acknowledge king charles ; nay even in the petition of right , and in every parliament since to be their sovereigne lord ? can it then be doubted ( upon due consideration had of the fore-mentioned acts of parliament , and the severall declarations made by the parliaments of all ages ) that the right of the crowne , is an hereditary right , and that king charles is our lawfull sovereigne lord , and supreame governour of the realmes , or that allegiance is not due to him from all states of this kingdome , and from every one of his subjects within the same ? surely no , if you thinke that there can be any , i desire you will please to returne me the legall reasous of your opinion therein , upon consideration had of these statutes , and why the power of both houses of parliament , is above the kings ; neither are the prerogatives afore cited due to him by the acknowledgment , recogniscions , and declarations of parliament onely , but these are due unto him by the common fundamentall and municipall lawes of this realme , according to the testimony of the learned writers of the law in all ages , and by the continuall language and judgements of the sages of the law in all preceding kings reignes , since we have had bookes and reports of the law published : for first it appeares by the ancient treatise , called modus tenend● parliamentum , which is a part of the common law of the land : and as sir edward coke , . part of his institutes , page . observes , was made before the conquest , and rehearsed unto king william at his conquest , who approved of the same ; and according to the forme of it , held a parliament , ( as ti is reported to us in the yeare booke of . ed. . fol. ) that the king is caput principium & finis parliamenti , the king is the head , the beginning and the end of the parliament ; and by the booke of . hen. , fol. . it is held , that it is no statute , if the king assent not to it : and that the king may disassent ; and by andrew hornes booke , called the mirrour of justices , which was written in the time of king edward the second ▪ it is said that they are guilty of perjury , that incroach any jurisdictions belonging to the king , or ●alsifie their faith due to him : bracton who wrote in the time of king henry the third , ( a learned author of the lawes of england ) lib. . cap. , sect. . hath these words , rex habet potestatem & jurisdictionem super ●mnes qui in regnosuo sunt , ea que sunt jurisdictionis & pacis ad nullum pertinent , nisi ad regiam dignitatem , habet etiam coertion●m ●t delinquentes puniat & coerceat ; the king , saith he , hath power and jurisdiction over all men which are in his kingdom ; those things which are either of jurisdiction or peace , belong to none but to the kingly dignity , he hath like wise a constraining power to punish delinquents ; and lib. . cap . he saith , that treasons , felonies , and other pleas of the crowne , are propriae causae regis , are causes belonging to the kings punishment onely ; and in his fift sect. of the same fourth booke , saith thus , omnis sub rege & ipse sub nullo , nisitantum deo , non est inferior sibi subjectis , non parem habet in regno : in english thus , every man is under the king , and he under none but god alone , he is not inferiour to his subjects , he hath no peere in his realme : and in his fift booke , in his third treatise of default , cap. . he saith thus , rex non habet superiorem nisi deum , satis habet ad penam quod expectat deum ultorem , the king hath no superiour but god alone , and it is sufficient punishment for him because he must expect god to bee the revenger , if he doe commit wrong : it is said in plowdens commentaries , fol. . that the king hath the sole government of his subjects , and fol. . as also in calvins case ▪ that allegiance is due to the naturall body of the king ; and fol. . it is said , that the naturall body of the king , and his politique , make but one body ; for as long as the naturall body lives , the politique is inherent , being meerely imaginary and invisible as it is said in calvins case ; whereupon i inferre , that the kings politique capacity ( his body being absent ) is not in the parliament . and in . eliz. plowdens . it 's affirmed , that the law makes not the servant greater then the master , nor the subject greater then the king , for that were to subject order and measure ; since therfore the king hath so undoubted a right to the crowne , and is my lawfull sovereigne , and mine allegiance is due unto the kings person , by the law of the land , recognized and acknowledged in so many severall parliaments in all ages , and confirmed by so many undeniable authorities in law , reported in our books , and since it stands proved , that mine allegiance is due unto his naturall person , both by the law of god , nature , and the law of the land , and can neither be abjured , released , or renounced , being inseparable from the person of the king , and indispensably due from me to him ; i conclude that the oath which binds me , if i take it , and keep it , to withdraw mine allegiance from my leige lord the king , is against the law of the land , and in taking it , i not only make an absolute breach upon the law of the land , but also in my judgement i doe thereby incurre the crime of perjury by the law , in falsifying my faith and allegiance to his majesty king charles , gods anointed , and crowned my naturall liege lord , sovereigne , and my lawfull king , both by descent , coronation , investure , and undoubted right , which is not onely due to him by the law of the land from every of his subjects , but every one of them is to take this following oath for performance of it . viz. you shall sweare that from this day forwards you shall be true and faithfull to our sovereigne lord king charles , and his heyres , and faith and truth shall beare to him of life and member and terrene honour , and you shall neither know nor heare of any ill or dammage intended unto him , that you shall not defend , so helpe me almighty god . which forme of oath every subject by the common law is bound to take , as appeares by britton . edw. . cap. . and by andrew horne in the mirrour of justices , pag. . and in calvins case as by perusall of their bookes will appeare , and by diverse others which for brevities sake i omit . and now sir , i desire to know your opinion likewise , whether that by the common law , both houses of parliament are in power above the king , or where their legall power to dispose of his majesties person , other then to his honour and good , according to their duty , oathes , protestations , covenants , and declarations , and obedience is to be found . i come now to prove that this oath is against the law of reason , the law of reason saith doctor and student , cap. . is written in the hearts of every man , teaching him what is to be done , and what is to be fled : and because it is written in the heart , therefore it may not be put away , nor is it ever changable by any diversity of place or time ; and therefore against this law , prescription , statutes , or customes may not prevaile ; and if any be brought in against it , they be no prescriptions , statutes , nor customes , but things done against justice and voyd ; and in this it differeth from the law of god , for that the law of god is given by revelation from god ▪ almighty , and this law is given by a naturall light of understanding , and is given principally to direct our actions by , for the obtaining of felicity in this life , so us we guide them onely by the rule of justice : this law instract●th us , saith the same author , that good is to be done , and evill is to be avoided , that thou shouldest do● to another , that which thou wouldest another should doe to thee : that justice is to be done to every man and not wrong : that a trespasse is to be punished & such like : is it so then , that the law of reason directs me that good is to be done , and evill is to be avoyded ? i then conclude that this oath is against this law ; for if i by this oath shall withdraw mine allegiance and subjection to my king from him , i lose the benefit or good i should have by his protection : for the rule in law is , quod subjectio trahit protectionem , quia rex ad tutelam legis corporum & bonorum erectus est as fortescue lib. de laudibus legum angliae , c. . obedience of the subject drawes protectiō from the king , the king being ordained for the defence of the law , & the bodies , & goods of his subjects . the holy scriptures informe me , that i must obey my king for conscience sake , and this law teacheth me , i must avoid evill ; but it is evill for me to obey men in taking this negative oath which enjoynes me not to obey my king , rather then god , who enjoynes that duty of obedience , therefore i conclude that this oath is against the law of reason . this law teacheth me to doe as i would men should doe unto me , but if i were a king i would not be dispoyled of the duty and service of my subjects ; therefore this oath enjoynes me to a thing against the law of reason : it is injustice and wrong to take away the kings right by this law ; but this oath bindes me to take away his right and doe him wrong , therefore in this particular also this oath is against the law of reason . and lastly this law of reason teacheth me , a trespasser is to be punished , it teacheth me also to understand that to take this oath is to trespasse upon my kings interest in me as i am his subject ; to trespasse upon his lawes as i am de jure under his government , and to trespasse upon his patience and goodnesse , if he doe not hereafter punish me for it : therefore i conclude this oath is against the law of reason . the law of reason generally taken , is a directive rule unto goodnesse of operation , saith hooker : so that by this law wee ought to direct all our actions to a a good end , but by taking this oath i direct not my actions to a good end ; therefore i am not to take this oath by this law : the law of reason saith sophocles is such that being proposed , no man can reject it as unjust and unreasonable , but the king may reject this manner of imposing of oathes upon his subjects whereby he isdeprived of their aid and assistance without his assent : and the subjects may reject this oath as unreasonable and unjust ; because if they take it , they are thereby bound either to breake their oath , which is a grievous sin , or to lose the benefit of protection , which by the lawes they may claime , and ought to have from their naturall lawfull and sovereigne liege lord , and king ; therefore this oath is against the law of reason . lastly , whereas the law of reason is never changeable by any diversity of place or time , and whereas mine allegiance is due to my sovereigne in all places , in all cases , and at all times , i am forbidden by this unchangeable law , to change so unchangeable and unalterable a duty by such an unwarrantable oath in these changeable times . to conclude all in this point , as it is against reason to take this oath ; so it is against reason to require it of me , for it is most unreasonable to offer any christian man such an oath as that by taking of it , he must by perjury , and sin of presumption ( as he is perswaded ) destroy his soule , or by refusing of it , because it is against his conscience to take it , either by perpetuall imprisonment or starving , destroy his body and estate . and it is likewise most unreasonable for any men to offer this oath to another that have not taken it themselves : for by the rule of the civill law , l. in aren. quod quisque , which is a branch of the law of reason , quod quisque juris in alium statuerit ipsum quoque uti debere : no man ought to impose a law upon another , which he himselfe hath not submitted unto . i come now in the next place to make it appeare that i cannot take this negative oath with a good conscience . conscience , as doctor and student well observes , l. . cap. . t is the direct applying of any science or knowledge to some particular act of a man , and of the most perfect and most true applying of the same to a mans particular actions , follow the most perfect , the most pure , and the best conscience ; which enabled st. paul by his right applying of the law of god to the actions of his life , with confidence to plead his cause before the counsell , and to cry out , men and brethren , i have in all good conscience served god unto this day , acts . . and in the . being accused before felix by the jewes , saith , but this i confesse unto thee , that after the way which they call heresie , so worship i the god of my fathers , beleeving all things which are writ in the law & the prophets . and herein i indeavour my selfe to have alwaies a cleere conscience towards god , and towards men : whereby it is cleerly proved that the applying of the scriptures , and the knowledge of divine truth to the actions of ourlives , is , and ought to be , the only direction to our consciences ; it is expedient then for the clearing of this point , that i should set forth and consider the actions of my 〈…〉 to this particular which concernes some allegiance : ●●●● then i doe well remember that when i was matriculated in the university , i was sworne to be a faithfull and true subject ●o the king , and to beare him ●●ue allegiance : secondly , i have taken th●… of oath , which i have particularly s●● downe before , th●● i w●… and ●●●● bear● to him of life and m●… , and terre●… . thirdly , i have foure times taken the oath 〈…〉 enjoyned by the statute of . eh● . cap. . and three 〈…〉 oath of allegiance enjoyned by the statute iac. cap. . it rests now that i should apply that divine knowledge and science , which i have obtained ●y reading of the scriptures , to th●se actions : first ▪ then an oath is to be carefully weighed before we take it , ●…ch as 〈…〉 duty towards our king , and 〈…〉 e●●les . ● ec●… pre●c●e● , adviseth me thus , 〈…〉 of the ●●o●●h of the king , and to the oath of 〈…〉 , upon which plac●… thus gl●sse , that is , ●… king , ●●● keepe the oath that thou hast made for that cause . 〈…〉 zachary gives us this commandement from god , zach ▪ ●●t none of you imagine evill in your hearts against his neighbour , and love no false oath , for all these are the things that i hate , saith the lord : and our blessed saviour in his sermon in the mount , matth. . . delivers me this prec●p ▪ thou shalt not for sweare thy selfe , but shalt performe thy oathes to the lord : by applying of these scriptures to my former oathes , i finde i cannot take this negative oath without a great sinne against god , and trespasse against my conscience : for having bound my selfe by so many severall former oathes made to my king , to pay unto him mine allegiance , faith ▪ and truth to him , of life and member , and terre●●● honour , and acknowledged him to be supreame governour of this realme ; how can i now withdraw mine allegiance from him , or sweare that i will not aide or assist him , o● adhere unto him by this latter ? without manifest perjury , breach of myne oath to the king , and by taking of a false oath , or the name of god in vaine by a questionable authority imposed upon me , contradictory to those oathes which by undoubted and lawfull power agreeable to the lawes of god and the realme , i have already bound my conscience to the observance of : it fareth not with us in oaths , as it doth in cases of lawes , quod leges posteriores priores contrarias abrogant , that the latter lawes repeale the former that are contrary unto them : for in the case of lawes , the rule is admitted to bee true , where both are constituted and made by the same power , but it is cleane contrary in the case of oathes : for when a man hath taken a lawfull oath , by and from a lawfull authority , though it be grounded upon humane or positive law onely , as upon a statute or the like , that oath is binding to his conscience untill the statute that injoynes that oath be repealed by the same power that made it ; and if he afterwards take a contradictory oath to that former oath before , such repeale , and a lawfull authority to take the same ; that oath which he so takes , is both unlawfull and false ; unlawfull in that it is against the law that warrants the oath , he hath before taken ; and false in regard that he ingages himself by that oath to performe that thing which by the law of god and conscience he is not enabled lawfully to performe ; so that till the lawes that impose upō me the oathes of supremacy and allegiance which i have taken , be lawfully by the same power as they were made , that is to say , by the king , lords , and commons , by act of parliament repealed : and this negative oath by the same power of act of parliament imposed upon me , i cannot submit my conscience to take that oath , without perjury and falshood . againe , when a man hath taken an oath to performe that which by the law of god and nature he is bound to performe , as to obey his king , or to honour his father and mother , this oath can never be abrogated or dispensed withall , nor a man absolved from the duty of observance of it by any power under heaven , and therefore if i shall take any oath contradictory to the former oathes of allegiance and duty to my king , which duty and allegiance belongs to him from me , by the law of god and nature , as before is made manifest , that oath were utterly unlawfull and false , by the lawes of god and nature and against conscience ; i conclude then that in conscience i cannot take this negative oath . i learne likewise by saint paul , heb. . . that men verily sweare by him that is greater then themselves , and an oath for confirmation is an end of all strife : and therefore ioshua ▪ when he had made a league with the gibeonites , though it were grounded upon a fraude on their parts , did omit to question them for it , and forbore to breake the league with them to avoyde strife having confirmed that league with an oath , saying in that case , thus will we doe to them and let them live , least the wrath be upon us , because of the oath which we sware to them , ioshua . . and by that law of an o●h was sh●mei put to death by solomon for walking out of the city contrary to his oath , because he had sworne hee would not goe out of it , which he ought to have observed as a confirmation of his undertaking to solomon , and as an end of their strife , as we find● , kings . . &c. and we finde a notable instance of the punishment of the breaking of the oath of allegiance or subj●ction made by the king of jerusalem to the king of babel , reported unto us by the prophet ezekiel , eze. . . in these words , as i live saith the lord , he that is king ( of ierusalem ) shall dye in the midst of babel , in the place of the king , whose oath he despised , and whose covenant made with him he broke : neither shall pharoah with his mighty hoast and great multitude of people maintaine him in the warre , when they have cast up mounts , and builded rampires to destroy many persons , for he hath despised the oath , and broken the covenant , yet he had given him his hand because he hath done these things he shall not escape . the application of these scriptures to my present purpose i make thus , is it so then that an oath is taken for confirmation ? is it so then that an oath is and ought to bee the end of strife ? is it so that god punisheth the violation of oathes , and that the greatest power on earth cannot protect a man against him , i learne then by the rule of a well informed conscience to discerne , that i ought not to breake my oathes lawfully taken upon any grounds or pretence whatsoever : nay by this oath i finde that if i take it i should in stead of an end of strife in my conscience , incur great vexation , through the horrour of the sinn , as being an act unlawfull , and because by it , i have offended god in the breaking my former oathes lawfully taken , i should raise strife and trouble in my soule and conscience , and great strife and perturbation of minde for feare of punishment . i conclude therefore that i cannot take this oath by the rule of gods law , with a sound and good conscience , against the light whereof , if i should take it , i should declare my selfe either to be an athoist , in thinking there were no god to punish for s● great a wickednesse , or else to imagine that he were either unjust and would not punish , or unable and could not , or so carelesse of the actions of men , that he either not seeth or not regardeth their wicked acts ; which opinion even the very heathens confuted and rejected , as you may finde at large in tullys first booke , de natura deorum : but if i were minded to bee so wicked ▪ as to lay aside all the former considerations of religion , nature , law , reason , and conscience , to gaine my estate , which god forbid ; yet in honour , neither my selfe , nor any that have served his majesty in this late war , can take it , as i conceive : when i speake of honour i meane not that membranall or parchment honour of dignities , and titles conferred upon men sometimes for money , sometimes for affection , sometimes for alliance to favorits , sometimes for flattery , ●u● most commonly more for some sinister respects , then proper 〈…〉 , by letters patents of kings and free princes , but i meane that ●●●●●all honour that is inherent , in every truly noble minde ▪ and direct ▪ it ends alwayes to that which is lundabile & honestum , la●daol● , just , and honest , of which honour the poet juvenall●●i●h thus , nobilitas sola est atque unica virtus , vertue is the onely ●●ue nobility ; and in another place describing this kinde of honour in the person of a father to his son , saith thus , malo pater ibi sit , thersites dummodo tu sis , aeacidae similis vulcaniaque arma capessas , quam tibi thersiti similem producat achilles . that is , that he had rather his son were the son of thersites ( a base and ill conditioned fellow ) and were like aeacides a person of great valour , honour , and justice , then that he were descended of achilles the noblest house of the grecians , and should be such a base fellow as thersites ; the application is easie , it is an honorable minde , which makes a man honourable ▪ and it are his honourable actions , which are the proper effects of vertue , that render a man truly honourable ; and gaine him esteeme : the ethicke philosophers say that honor est plus in honorante quam in he●… , there is more honour in him that gives the honour , then in him that receives it , or is honoured ; and it is true every way : for as there is more honour in a king that bestowes it , then in the subject that receives it from his prince ; so is there more honour proceeds from him that bestowes it in report or esteeme upon him that deserves it for his noble and vertuous actions , then there is in the party deserving it himselfe : and the reason is plaine ; for let a man do never so many honourable actions yet if they are not esteemed ●y others , he reaps not the fruit of his labours , his honour is lesse ( though the actions in themselves be honourable ) then if they were esteemed : this honour and esteeme is the life of every souldier and gentleman , which if he once lose by any voluntary act of his owne , he had as good lose his life . now for any man that hath served the king in his wars , for him to swear that he will no more aide nor assist the king in the war wherein he ingaged himselfe by his oath , and upon his honour to serve him with his life and to his uttermost power , it would lose that souldier his honor and esteeme amongst all sorts of men , amongst his owne party for deserting a cause they hold just amongst the adverse party for lightnesse and inconstancie , as one that would not stand to his principles , he should amongst all men get the opinion of a coward , or a base fellow , that for feare of death , punishment , or perpetuall imprisonment , would be starved into an oath , or ●ut of his allegiance , or of a k●●ve that to redeeme his liber●y would sweare any thing ; therefore least i should gaine such an opinion and lose my esteem in the world ( being now brought into that condition that i must be a souldier ) i cannot take this oath by the rules of honour , and as it is not honourable in me to take it for the reasons aforesaid , so is it against honour that an oath that would bring so much inconveniency of losse of honour and esteeme amongst all men should be offered to any man , quia in juramentis administrandis dantis & recipient is eadem est ratio & idem jus , in administring of oathes the same reason and law ought to binde the giver as well as the receiver : it is also against pollicy either to take or require this oath , the life of a souldier is his honour , when that is lost , his life is as good as lost ; by taking this oath , a souldier loseth his honour , what king , prince , or state , will entertaine that souldier in his pay that hath abjured his naturall sovereigne liege lord , or masters service and allegiance : his owne king will never trust him more , the adverse party will not trust him , nor any other prince or state whatsoever , and therefore in pollicy a souldier ought not to take this oath . and lastly , there is no pollicy in pressing this oath upon any , for the parliament gaines no security by taking it , for i thinke very few of the kings party hold that oath lawfull , and then what security to the parliament in it , since no other thing can be expected from him of the performance of an oath given unto him , that either doubts the power unlawfull that administred it , or that holds the matter or thing he is bound to performe by his oath unlawfull , that then he will keep such an oath no longer then till the first time he hath occasion or oppertunity to breake it ; nay the same religion or new light that hath taught him to break the kings oath will or may teach him to break the parliaments . having now made my doubts according to my conscience , if i come over and be made a prisoner , because i will not take these oathes and covenants , or suffer any other prejudice either in mine estate or person , for declaring my conscience herein , i would , and in the case i am , i will with holy job content my selfe saying , naked came i out of my mothers wombe and naked shall i returne thither , the lord gave and the lord hath taken away ▪ blessed be the name of the lord , job . . comforting my selfe with this of the p●almist , who shall ascend into the hill of the lord , or who shall rise up in his holy place ? even he that hath cleane hands and a pure heart , and that hath not lift up his minde unto vanity , nor sworne to deceive his neighbour , he shall receive the blessing of the lord , and righteousnesse from the god of his salvation , psalm . . ▪ , . and according to the instructions of st. paul . rom . . shall rejoyce in hope , be patient in tribulation , and continue in prayers , strengthened with all might according to gods glorious power , unto all patience and long suffering ▪ with joyfulnesse , colos. . . knowing that all that will live godly in christ jesus shall suffer persecution , tim. . . taking the prophets who have spoken in the name of the lord for ensamples , of suffering affliction and patience , jomes . . and accompting it alwayes thank-worthy , if for conscience towards god , i endure grief , suffering wrongfully , for even hereunto are we called , because christ also suffered for us , leaving us an example that we should follow his steps , pet. . . and in this resolution by gods gracious assistance , in peace of a good conscience , and in all patience will i abide till my dissolution shall come , looking for that blessed hope and appearing of that glory of that mighty god and of our saviour jesus christ , tit. . . chusing rather to suffer adversity with the people of god , then to enjoy the pleasures of sin for a season , heb. . . for what shall it profit a man if he shall gaine the whole world , and lose his owne soule , mar. s. . in this opinion therfore will i abide putting my whole trust and confidence in god my lord which executeth justice for the oppressed , which gives bread to the hungry , and loseth the prisoners , for the lord heareth the poore , and dispiseth not his prisoners , psalme . . and . . to conclude sir , whereas you signifie unto me that you will returne me a satisfactory answer to my doubts , from godly and learned devines , and men of judgement in the lawes of the land , ● desire you that you will please to take advice only from such devines , as neither have renounced their orders , or obedience to their ordinaries , and such that are without partiallity or hypocrisie in this publique cause , and from such judges and learned lawyers as serve not the times , so much as the truth , and such as have not mens persons in admiration because of advantage ; for i must deale plainly with you , that there is great scandall in th●se forraigne parts upon the men of these professions , it being reported of the first , that they goe about to prophane and blespheme the church their mother with stigmaticall imputations of antichristian impieties , and th●● the latter have adulterated the lawes , the nurses that have fed them ; applying them to the humors and ends of those that have put them in authority , and as the proph●● mich. . saith , abhorring judgement , and p●v●rting all equity , in that they take upon them to give sentence of death upon ●●ose that have served his majesty , according to their duty of allegiance in these ●at wa●s , as fellons , when they have but taken an horse or armes for the kings service , though they tooke them from those that were actually in armes against the kings majesty ▪ with an intention only to ayd his majesty against those that had risen up against him , and not animo furan●i , or with a fellonious intent : nay , we heare that some of the judges lately put into commission by both houses of parliament have delivered it for law , that such a one as hath served the king in these late wars ( or any such that they call malignants ) may not sue for their rights , and are incapable to receive justice , though they be neither outlawed or committed , that whatsoever they recover or purchase before they have made their compositions ought to be seized on , and sequestred to the use of the state ; i pray you sir , where , or in what bookes of the lawes of england do you reade of such definition of felony or inhabilities or incapacities of the kings loyall subjects ? mr. littleton who reckons up all the inhabilities of the subjects of england , mentions none such , neither are any such else where to be found : but these men put the kings liege , and loyall people into a worse condition then slaves , villaines , or aliens . and yet they account it lawfull taking , and no depredation when any man that hath served both houses of parliament in this late war hath plundered or taken any mans goods or estate from him , that they did but imagine bare good affection to the king , and give their judgements that it is lawfull to seize , sequester , nay to ●ell away mens estates that have served the king before they have legally convicted them of any offence . o horrible perverting of judgement and justice if this be true , i pray you sir may it not be saied of these men as the prophet amos . . saith , they know not to doe right saith the lord , who store up violence and robbery in their pallaces , that turne judgement into wormewood , and lea●● of righteousnesse in the earth , amos . and are not they such as solomon speakes of , prov ▪ . . that they sleepe not except they have done mischiefe , and their sleepe is tak●n away un●●sse they cause some to fall , for they eat the bread of wickednesse , and drinke the wine of violence , or as david saith , ps. . . that weigh the violence of their hands in the earth . but sin , i speake not this with referrence to you , for i know you to be a man of learning , and i heare that you are a man of moderation , and i desire you since that you have taken that imployment upo● you to continue so : remember your oath that thereby you are to dispence justice indifferently to the kings people , according to the knowne and established lawes of the land , not by arbitrement o● fancy ; consider the infirmity of your commission upon what hath been said before , set before your eyes the mortallity of the judges remooved and put to death by king ●●s●●●● for violence , injustice , and c●rr●p●●●● ac●●d upon the people of this land ●● his ●●me , of whose offences and ●a●a●●●●●s you may read in h●●e his mirrour of justices , behold and weigh the punishment and d●●●●ny of sir thomas weyland , sir r●●ph heng●a● , sir iohn l●●●●o● , sir william b●●mpt●● , sir solomon r●c●●ster , sir ●ic●a●● b●●●●nd , and their fellowes , ●●flected upon them for their injustice by king edw. the 〈…〉 consider the instability of all ●umane estates , thinke not that you are in a sure and unque●●io●able 〈…〉 ; but remember that iob tells you , iob ● . . that the lord loo●●●● the bonds of king● , and guirdeth their loynes wi●● a g●●d●e , and i prov you take the counsell of the w●sem●● , p. o. ● . . boast not thy ●●●fe ●● to morrow , for thou knowest not what a day may ●●ng ●o●th : he ●●k ● to st. iames , j● . go● to now y●e that say to day or to morrow wee will g●e into such a city , and continue there a yeare , and buy , and sell ▪ and get ga●e ? whereas y●● know not when shall be on the morrow for what is ●●●● life , it is even a valour that appeares for a little time , and then v●●●sh ●●●way ? do● just●●● therefore and execute● g●●● ▪ us judgements , rejoyce not in your 〈…〉 , for all such 〈…〉 young i●●v●ll ; and remember with the same apostle , that to him that knoweth ●●●●● good , and doth it not , to him it is sin : i know you are learned in the l●w●● , and a great student in the holy scriptures , i therefore summe up all with these exhortations but of gods holy writ , not only to you , but to all the judges of the ● no , beginning it with the charge given by moses to the judges of israel . heare the causes between your brethren , and judge righteously between every man and his brother , and the stranger that is with him ; yee shall not respect persons in judgement , but you shall heare the small as well as the great , you shall not be afraid of the face of man , for the judgement is gods . deut. . . and with the good king iehosaphat to his judges , cron . take ●eed what you do for yee judge not for ma● , out for the lord who is with you in the judgement : take likewise the prophets instruction , es●y ▪ . . learne to do well , seek ▪ judgement , relieve the oppressed , judge the fatherlesse , plead for the widdow ; and if these serve no● to perswade you , heare gods owne words , levit. . . you shall not do unrighteousnesse in judgement , thou shalt not respect the person of the poore , nor honour the person of the mighty ▪ but in righteousnes shall thou judge thy neighbour ▪ and ●x●d . thou shall not wrest the judgement of the poore in his cause ▪ nay more , follow our blessed saviours precept , jo●. . judge not according to the appearance , but judge righteous judgement , that is according to your oathes , and the knowne and established lawes of the land ; if yee do otherwise , you have our saviours promise that you shall ●e are of it , mat. . . for with what judgement ye judge , yee shall be judged , and with what measure yee m●a●e , it shall be measured to you againe . the adversaries of the lord shall be broken to pieces , out of heaven shall ●e thunder upon them , the lord shall judge the ends of the earth , and shall give strength u●to the king , and exa●t the ho●●●● of his anointed , for god himselfe is judge , psal. . and he shall judge the world in righteousnesse , psal. . . to whose protection i commit you , and to whom with our blessed saviour jesus christ , and the blessed spirit be all honour , and glory , world without end . amen . finis . notes, typically marginal, from the original text notes for div a e- negative oath against the lawe of god negative oath against the law of nature . negative oath is against the law of england . a worthy speech spoken at the guild hall by the earle of holland with the resolution of the earle of pembroke, earle of northumberland, ... : also some passages concerning his maiesties letter to the lord major touching the carrying in of plate into guild hall ... this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing h ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing h estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a worthy speech spoken at the guild hall by the earle of holland with the resolution of the earle of pembroke, earle of northumberland, ... : also some passages concerning his maiesties letter to the lord major touching the carrying in of plate into guild hall ... holland, henry rich, earl of, - . charles i, king of england, - . [ ], p. printed by t. fawcet, london : june , . reproduction of original in the university of illinois (urbana-champaign campus). library. eng great britain -- politics and government -- - . great britain -- history -- civil war, - . a r (wing h ). civilwar no a worthy speech spoken at the guild-hall by the earle of holland. with the resolution of the earle of pembroke, earle of northumberland, ear [no entry] b the rate of defects per , words puts this text in the b category of texts with fewer than defects per , words. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - scott lepisto sampled and proofread - scott lepisto text and markup reviewed and edited - pfs batch review (qc) and xml conversion a worthy speech spoken at the guild-hall by the earle of holland . with the resolution of the earle of pembroke , earle of northumberland , earle of bedford , earle of holland , viscount say and seyle . sir edward hungerford . and sir thomas barrington . declared in their severall speeches at the guild-hall , on munday the . day of june , . also some passages concerning his maiesties letter to the lord major , touching the carrying in of plate into guild-hall . together with a command from the high court of parliament , to the officers of jreland . as also the cruelty used by the lord macquere to the protestants in jreland , one of the rebels now prisoner in the tower . with severall votes of the lord keeper , concerning the lawfulnesse of the exercise of the militia . ordered by the lords and commons in parliament , that these particulars shall be forthwith printed . jo. browne cler. parl. london , printed by t. fawcet . iune , . . on munday being the . day of iune , the earle of pembrooke , the earle of northumberland , the earle of holland , the earle of bedford , the lord sey , sir thomas barrington , sir edward hungerford , and divers other members of the house of commons came to the guild-hall , where were assembled the lord maior and aldermen , with the common councell of the citie , where being seated in a discreet order , the lord of holland made a worthy speech , the effect was as followeth . . he endeavoured to cleere all doubts that were raised by the letter sent from his maiesty to the lord maior , withall declaring that their actions and intentions were imployed to advance his maiesties honour . likewise manifesting the great love they had received of the citie , giving them great thanks for the same , animating them on to a continuance and perseverance in the same , declaring how the malignant party by their practises and endeavours strive to destroy and confound the very being of parliaments , and the liberty and propriety of the subiect , telling them that it was their cause which the parliament maintained , their owne , their wives , their childrens lives lying at stake , for however faire pretences seeme to cover and colour the designe , these forraigne preparations and domesticke actions can portend nothing lesse then such a fatall attempt . severall speeches were made by the other members of parliament , tending to the same purpose , which were received with generall applause , and every one departed to his habitation exceeding well satisfied , and absolutely resolved to hazard both lives and fortunes , for the defence of his maiesty , and the priviledge of parliament . remarkable passages concerning the kings majesties letter to the lord major of the city of london , touching the carrying in of plate into guild-hall . on the . day of this present june , the lord major of this city received a letter from his majestie , wherein he was commanded to stop the bringing of plate into guild-hall , which being received by the said lord major , hee with all speed , was intended to publish such his maiesties commands , neverthelesse he thought it convenient to send for the aldermen of the city requiring their advice , who councelled him first to acquaint the house and to show the said letter , which councell was approved of and the letter presented to the parliament , who gave order that a generall councell should bee held that night at guild-hall , and that a committee of lords and commons should be there to consult and determine what were most secure , and fit to be done , neverthelesse the manifold distractions and urgent occasions of greater importance tooke up so much time , that they were inforc't to put it off till a further time for a consideration thereof . the lords and commons assembled in parliament , taking into their serious consideration the deplorable estate of ireland , have by an order from both houses of parliament , appointed that on the two and twentieth day of this instant : june , all the commanders should meet at st. lawrence church at nine of the clocke in the morning , where after a sermon , they are to repayre to guild-hall , there to take the protestation , and to enter into pay . likewise an information was given concerning the lord paget's iourney towards the king , with the coppie of a letter sent from him , wherein was declared the reasons of his departure , which letter being read , it was ordered that enquiry should be made for the printer , and that the said printed papers should be burnt . this day also a true intelligence was given , of certaine jrish rebels , namely the lord maguieres , which in the begining of this rebellion kept seven-score protestants two dayes in a church , and afterward whipt them into a river , and drowned men , women and children , in a most inhumane manner , with many more cruelties of the same nature , being sent for by the parliament , was brought to london , and now lyes in the tower with his comrades , waiting till gregory shall play the midwife , and deliver them up to the gallowes . likewise letters were read in the house from ireland , declaring that the lord conway , with the assistance of the scots forces , had obtained a great victory against the rebels , which good successe did much affect the house , many other matters of great importance tooke up the time , so that the members of the high court of of parliament could hardly spare so much time , as to meet at the guild-hall , to discusse of the letter sent from his maiesty to the lord maior of this citie . neverthelesse the said letter doth no way deterre the said citizens from bringing in their plate , and moneys , for dayly and hourely people of all degrees , carry in what they are able to spare , with great willingnesse , to the great comfort of the parliament , and all wellwishers to the peace of church , and kingdome . . martii , . lord keeper present . both houses petition the king , wherein is this clause . viz. wherefore they are inforced , in all humility , to protest , that if your majesty shall persist in that deniall , the dangers and distempers of the kingdome are such , as will endure no delay ; but unlesse you shall be graciously pleased to assure them by these messengers , that you will speedily apply your royall assent to the satisfaction of their former desires , they shall be inforced for the safety of your maiesty and your kingdomes , to dispose of the militia , by the authority of both houses , in such manner as hath beene propounded to your majesty , and they resolve to doe it accordingly . . martii , . the lord keeper present ▪ and voted , and argued for this gollowing vote , viz. that in case of extreame danger , and of his maiesties refusall , the ordinance agreed on by both houses , doth obliege the people , and ought to be obeyed by the fundamentall lawes of this kingdom . thirdly , he named his deputy lievtenants , and sent lievtenants names to the house of commons , and often asked the clerke of the peers house for his deputations , and commanded him to deliver them to one of his servants ; which he accordingly did in his presence . . martii , . lord keeper present . fourthly , he agreed to the severall forms of deputations for the militia . mereurii , . . ordered by the lords in parliament , that these particulars shall be forthwith printed and published . jo. browne , cleric . parl. the charge of the scottish commissioners against canterburie and the lieutenant of ireland together with their demand concerning the sixt article of the treaty : whereunto is added the parliaments resolution about the proportion of the scottish charges and the scottish commissioners thankfull acceptance thereof. scotland. parliament. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing c ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing c estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : or : ) the charge of the scottish commissioners against canterburie and the lieutenant of ireland together with their demand concerning the sixt article of the treaty : whereunto is added the parliaments resolution about the proportion of the scottish charges and the scottish commissioners thankfull acceptance thereof. scotland. parliament. england and wales. parliament. house of lords. [ ], p. printed for nath. butler, london : . part of the negotiations conducted by representatives of the parliament of scotland and the english house of lords at the end of the nd bishops' war, leading to the treaty of ripon ( ). wing numbers c and c l are cancelled; replaced by s ad. reproduction of original in the henry e. huntington library. eng laud, william, - . strafford, thomas wentworth, -- earl of, - . scotland -- politics and government -- - -- sources. great britain -- politics and government -- - -- sources. a r (wing c ). civilwar no the charge of the scottish commissioners against canterburie and the lievetenant of ireland. together with their demand concerning the sixt scotland. parliament b the rate of defects per , words puts this text in the b category of texts with fewer than defects per , words. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - tcp staff (oxford) sampled and proofread - judith siefring text and markup reviewed and edited - pfs batch review (qc) and xml conversion the charge of the scottish commissioners against canterburie and the lievetenant of ireland . together with their demand concerning the sixt article of the treaty whereunto is added the parliaments resolution about the proportion of the scottish charges , and the scottish commissioners thankfull acceptance thereof . the lord is knowne by the iudgement which he executeth . the wicked is snared in the workes of his owne hands . london , printed for nath. butter . the charge of the scottish commissioners against the prelate of canterbury . novations in religion , which are universally acknowledged to bee the main cause of commotions in kingdomes and states , and are knowne to bee the true cause of our present troubles , were many and great , beside the bookes of ordination , and homilies , . some perticular alterations in matters of religion , pressed upon us without order , and against law , contrary to the forme established in our kirk . . a new booke of canons and constitutions ecclesiasticall . . a liturgie or booke of common-prayer , which did also carry with them many dangerous errours in matters of doctrine . of all which we chalenge the prelate of canterbury , as the prime cause on earth . and first , that this prelate wes the author and urger of some particular changes , which made great disturbance amongst us , wee make manifest : . by fourteen letters subcribed , w. cant. in the space of two years , to one of our pretended bishops , bannatine , wherein hee often enjoyneth him , & other pretended bishops , to appear in the chappell in their whites , contrary to the custome of our kirk , & to his promise made to the pretended bishop of edinburgh , at the coronatiō , that none of them after that time , should be pressed to weare these garments , thereby moving him against his will to put them on for that time , wherein he directeth him to give order for saying the english service in the chappel twice a day , for his neglect shewing him that hee wes disappointed of the bishopricke of edinburgh , promising him upon his greater care of these novations , advancement to a better bishoprick , taxing him for his boldnesse in preaching the sound doctrine of the reformed kirkes , against master mitchell , who had taught the errors of arminius , in the point of the extent of the merit of christ , bidding him send up a list of the names of councellours and senatours of the colledge of iustice , who did not communicate in the chappell in a forme which wes not received in our kirke , commending him when he found him obsequious to these his commands , telling him that hee had moved the king the second time for the punishment of such as had not received in the chappell : and wherein hee upbraideth him bitterly , that in his first synod at aberdein , hee had onely disputed against our custome of scotland , of fasting sometimes on the lords day , and presumptuously censuring our kirk , that in this we were opposite to christianity it selfe ; and that amongst us there were no canons at all : more of this stuffe may be seene in the letters themselves . secondly , by two papers of memoirs and instructions from the pretended bishop of saint androis , to the pretended bishop of rosse , comming to this prelate for ordering the affaires of the kirk , and kingdome of scotland , as not onely to obtaine warrants , to order the exchequer , the privy counsell , the great commission of surrenders , the matter of balmerino's processe , as might please our prelates , but warrants also for sitting of the high commission court once a week in edinburgh , and to gain from the noblemen , for the benefit of prelates , and their adherents , the abbacies of kelso , arbroith , s. androis , and lindors : and in the smallest matters to receive his comands , as for taking downe galleries , and stone-walls , in the kirks of edinburgh , and saint androis , for no other end but to make way for altars , and adoration towards the east , which besides other evills , made no small noise , and disturbance amongst the people , deprived hereby , of their ordinary accommodation for publique worship . the second novation which troubled our peace , wes a booke of canons , and constitutions ecclesiasticall , obtruded upon our kirk , found by our generall assembly to be devised for establishing a tyrannicall power , in the persons of our prelates , over the worship of god , over the consciences , liberties , and goods of the people ; and for abolishing the whole discipline , and governement of our kirk , by generall and provinciall assemblies , presbyteries , and kirk sessions , which wes setled by law , and in continuall practise since the time of reformation ; that canterbury wes master of this worke , is manifest . by a booke of canons sent to him , written upon the one side onely , with the other side blanke , for corrections , additions , and putting all in better order , at his pleasure ; which accordingly wes done as may appeare by interlinings , marginalls , and filling up of the blanke page with directions sent to our prelates ; and that it wes done by no other then canterbury , is evident by his magisteriall way of prescribing , and by a new copy of these canons , all written with saint androis owne hand , precisely to a letter , according to the former castigations , sent backe for procuring the kings warrant unto it , which accordingly wes obtained ; but with an addition of some other canons , and a paper of some other corrections : according to which the booke of canons thus composed , wes published in print , the inspection of the bookes , instructions , and his letters of joy , for the successe of the worke , and of others letters of the prelate of london , and the lord sterling , to the same purpose ; all which we are ready to exhibite , will put the matter out of all debate . beside this generall , there be some things more speciall worthy to be adverted unto , for discovering his spirit . . the . canon of cap. . for as much as no reformation in doctrine , or discipline can be made perfect at once in any church ; therefore it shall , and may be lawfull for the church of scotland , at any time to make remonstrance to his m. or his successors , &c. because this canon holdeth the doore open to more innovations , he writeth to the prelate of rosse his privy agent , in all this worke , of his great gladnesse , that this canon did stand behind the curtaine , and his great desire that this canon may be printed fully as one that wes to be most usefull . secondly , the title prefixed to these canons by our prelates . canons agreed upon to be proponed to the severall synods of the kirk of scotland , is thus changed by canterbury ; canons and constitutions ecclesiasticall , &c. ordained to be observed by the clergy . he will not have canons to come from the authority of synods , but from the power of prelates , or from the kings prerogative . thirdly , the formidable canon , cap. . . threatning no lesse then excommunication against all such persons whosoever shall open their mouthes against any of these books , proceeded not from our prelates , nor is to be found in the copy sent from them , but is a thunderbolt forged in canterburies own sire . . our prelates in divers places witnesse their dislike of papists . a minister sal be deposed if if hee bee found negligent to convert papists . chap. . . the adoration of the bread is a superstition to be cōdemned , cap. . . they call the absolute necessity of baptisme an errour of popery , chap. . . but in canterburies edition , the name of papists and popery is not so much as mentioned . . our prelates have not the boldnesse to trouble us in their canons , with altars , fonts , chancels , reading of a long leiturgie before sermon , &c. but canterbury is punctuall , and peremptory in all these . . although the words of the tenth canon chap. . be faire , yet the wicked intentions of canterbury and ross , may bee seen in the point of justification of a sinner before god , by comparing the canon as it came from our prelats , and as it wes returned from canterbury , and printed , our prelates say thus : it is manifest that the superstition of former ages , hath turned into a great prophanenesse , and that people are growne cold , for the most part , in doing any good thinking there is no place to good workes , because they are excluded from justification , therefore shall all ministers , as their text giveth occasion , urge the necessity of good workes , as they would be saved , and remember that they are via regni , the way to the kingdome of heaven , though not causa regnandi , howbeit they be not the cause of salvation . here ross giveth his judgement , that hee would have this canon simply commanding good workes to be preached , and no mention made what place they have or have not in justification . upon this motion , so agreeable to canterburies mind , the canon is set down as it standeth without the distinction of via regni , or causa regnā●● , or any word sounding that way , urging onely the necessity of good works . . by comparing can. . chap. . as it was sent in writing from our prelates , and as it is printed at canterburies command , may be also manifest , that hee went about to establish auricular confession , and popish absolution . . our prelates were not acquainted with canons for inflicting of arbitrary penalties : but in canterburies book , wheresoever there is no penalty expressely set down , it is provided that it shall be arbitrary , as the ordinary shal think fittest . by these and many other the like , it is apparant , what tyrannicall power he went about to establish in the hands of our prelats , over the worship , & the souls and goods of men , over-turning from the foundation , the whole order of our kirk , what seedes of popery hee did sow in our kirk , and how large an entry hee did make for the grossest novations afterward , which hath beene a maine cause of all their combustion . the third and great novation wes the booke of common prayer , administration of the sacraments , and other parts of divine service , brought in without warrant from our kirk to be universally received , as the only forme of divine service , under all highest paines both civill and ecclesiasticall ; which is found by our nationall assembly , beside the popish frame , and formes in divine worship , to containe many popish errors , and ceremonies , and the seeds of manifold and grosse superstitions , and idolatries and to be repugnant to the doctrine , discipline , and order of our reformation , to the confession of faith , constitutions of generall assemblies , and acts of parliament , establishing the true religion : that this also wes canterburies worke , wee make manifest . by the memoirs , and instructions sent unto him from our prelates ; wherein they gave a speciall account of the diligence they had used , to doe all which herein they were enjoyned , by the approbation of the service booke sent to them ; and of all the marginall corrections , wherein it varieth from the english booke , shewing their desire to have some few things changed in it , which notwithstanding wes not granted : this we find written by saint androis owne hand , and subscribed by him , and nine other of our prelates . by canterburies owne letters , witnesses of his joy , when the book wes ready for the presse , of his prayers that god would speed the worke , of his hope to see that service set up in scotland , of his diligence to send for the printer , and directing him to prepare a black letter , and to send it to his servants at edinburgh , for printing this booke . of his approbation of the proofes sent from the presse . of his feare of delay , in bringing the worke speedily to an end , for the great good , ( not of that church , but ) of the church . of his encouraging rosse who wes entrusted with the presse , to go on in this peece of service without feare of enemies . all which may be seene in the autographs and by letters sent from the prelate of london to rosse , wherein as he rejoyceth at the sight of the scottish canons ; which although they should make some noise at the beginning , yet they would be more for the good of the kirk , then the canons of edinburgh , for the good of the kingdome . so concerning the leiturgy he sheweth , that rosse had sent to him , to have an explanation from canterbury of some passage of the service booke , and that the presse behoved to stand till the explanation come to edinburgh , which therefore he had in haste obtained from his grace , and sent the dispatch away by canterburies owne convaiance . but the booke it selfe as it standeth interlined , margined and patcht up , is much more then all that is expressed in his letters , and the changes and supplements themselves , taken from the masse book , & other romish ritualls , by which he maketh it to vary from the book of england , are more pregnant testimonies of his popish spirit , and wicked intentions , which he would have put in execution upon us , then can bee denied . the large declaration professeth , that all the variation of our booke , from the book of england , that ever the king understood , wes in such things as the scottish humour would better comply with , then with that which stood in the english service . these popish innovations therefore have beene surreptitiously inserted , by him without the kings knowledge , and against his purpose . our scottish prelates do petition that something may be abated of the english ceremonies , as the crosse in baptisme , the ring in marriage , and some other things . but canterbury will not only have these kept , but a great many more , and worse superadded , which wes nothing else , but the adding of fewell to the fire . to expresse and discover all , would require a whole booke , we sall onely touch some few in the matter of the communion . this booke inverteth the ordour of the communion , in the booke of england , as may be seen by the numbers , setting downe the orders of this new communion , . . . . . . . . . . . of the divers secret reasons of this change , we mention one onely , in joyning the spirituall praise and thanksgiving , which is in the booke of england , pertinently after the communion , with the prayer of consecration before the communion , and that under the name of memoriall or oblation , for no other end , but that the memoriall and sacrifice of praise , mentioned in it , may bee understood according to the popish meaning . bellar. de missa , lib. . cap. . not of the spirituall sacrifice , but of the oblation of the body of the lord . it seemeth to bee no great matter , that without warrand of the book of england , the presbyter going from the north end of the table , shall stand during the time of consecration , at such a pairt of the table , where hee may with the more ease and decencie use both hands ; yet being tried , it importeth much , as , that he must stand with his hinder pairts to the people , representing ( saith durand ) that which the lord said of moses , thou shalt see my hinder pairts . hee must have the use of both his hands , not for any thing he hath to doe about the bread and wine , for that may bee done at the north end of the table , and bee better seen of the people ; but ( as we are taught by the rationalists ) that he may by stretching foorth his armes to represent the extension of christ on the crosse , and that hee may the more conveniently lift up the bread and wine above his head to be seen and adored of the people , who in the rubrick of the generall confession , a little before , are directed to kneel humbly on their knees , that the priests elevation so magnified in the masse , and the peoples adoration may goe together , that in this posture , speaking with a low voyce , and muttering ( for sometimes hee is commanded to speake with a lowd voyce , and distinctly ) hee bee not heard by the people , which is no lesse a mocking of god , and his people , then if the words were spoken in an unknowne language . as there is no word of all this in the english service ; so doth the book in king ed. time , give to every presbyter his liberty of gesture , which yet gave such offence to bucer , ( the censurer of the book : and even in cassanders own judgement , a man of great moderation in matters of this kinde ) that he calleth them , nunquam satis execrandos missa gestus , and would have them to be abhorred , because they confirme to the simple and superstitious ter impiam & exitialem missae fiduciam . the corporall presence of christs body in the sacrament , is also to be found here : for the words of the masse-book serving to this purpose , which are sharply censured by bucer in king ed. leiturgie , & are not to be found in the book of england , are taken in here ; almighty god is incalled , that of his almighty goodnesse he may vouchsafe so to blesse and sanctifie with his word and spirit , these gifts of bread and wine , that they may bee unto us the body and bloud of christ . the change here is made a work of gods omnipotencie : the words of the masse , ut fiant nobis , are translated in king edwards booke , that they may be unto us , which are againe turned into latine by alesius , vt fiant nobis . on the other pairt , the expressions of the booke of england at the delivery of the elements of feeding on christ by faith , and of eating and drinking in remembrance that christ died for thee , are utterly deleated . many evidences there bee in this pairt of the communion , of the bodily presence of christ , very agreeable to the doctrines taught by his secretaries , which this paper cannot containe . they teach us that christ is received in the sacrament , corporaliter , both objectivè and subjectivè . corpus christi est objectum quod recipitur , & corpus nostrum subjectum quo recipitur . the booke of england abolisheth all that may import the oblation of any unbloody sacrifice , but here we have besides the preparatorie oblation of the elements , which is neither to be found in the book of england now , nor in king edwards booke of old , the oblation of the body and bloud of christ , which bellarmine calleth , sacrificium laudis , quia deus per illud magnopere laudatur . this also agreeth well with their late doctrine . we are ready when it shall be judged convenient , and we shall be desired , to discover much more matters of this kind , as grounds laid for missasicca , or the halfe messe , the private messe without the people , of communicating in one kind , of the consumption by the priest , and consummation of the sacrifice , of receiving the sacrament in the mouth , and not in the hand , &c. our supplications were many against these books , but canterbury procured them to be answered with terrible proclamations . wee were constrained to use the remedy of protestation ; but for our protestations , and other lawfull meanes , which we used for our deliverance , canterbury procured us to be declared rebels & traitors in all the parish kirks of england : when we were seeking to possesse our religion in peace , against these devices and novations , canterbury kindleth warre against us . in all these it is known that he was although not the sole , yet the principall agent and adviser . when by the pacification at berwick , both kingdomes looked for peace and quietnesse , he spared not openly in the hearing of many , often before the king , and privately at the counsell-table , and the privy iointo to speak of us as rebels and traitors , and to speake against the pacification as dishonourable , and meet to be broken . neither did his malignancie and bitternesse ever suffer him to rest , till a new warre was entred upon , and all things prepared for our destruction . by him was it that our covenant , approven by nationall assemblies , subscribed by his m. commissioner , and by the lords of his m. counsell , and by them commanded to be subscribed by all the subjects of the kingdome , as a testimony of our duty to god , and the king , by him was it still called ungodly , damnable , treasonable ; by him were oaths invented , and pressed upon divers of our poore countrey-men , upon the pain of imprisonment , and many miseries , which were unwarrantable by law , and contrary their nationall oath . when our commissioners did appeare to render the reasons of our demands , he spared not in the presence of the king , and committee , to raile against our nationall assembly , as not daring to appeare before the world , and kirkes abroad , where himselfe and his actions were able to endure tryall , and against our just and necessary defence , as the most malicious and treasonable contempt of monarchicall government that any by-gone age had heard of : his hand also was at the warrant for the restraint and imprisonment of our commissioners , sent from the parliament , warranted by the king , and seeking the peace of the kingdomes . when we had by our declarations , remonstrances , & representations , manifested the truth of our intentions , and lawfulnesse of our actions , to all the good subjects of the kingdome of england , when the late parliament could not be moved to assist , or enter in warre against us , maintaining our religion , and liberties , canterbury did not onely advise the breaking up of that high and honourable court , to the great griefe and hazard of the kingdome , but , ( which is without example ) did sit stil in the convocation , and make canons and constitutions against us , and our just and necessary defence , ordaining under al highest paines , that hereafter the clergy shall preach . times in the yeare , such doctrine as is cōtrary , not only to our proceedings , but to the doctrine & proceedings of other reform'd kirks , to the judgement of all sound divines , & politiques , and tending to the utter slavery and ruining of all estates and kingdomes , & to the dishonour of kings & monarchs . and as if this had not been sufficient , he procured six subsidies to be lifted of the clergy , under paine of deprivation to all that should refuse . and which is yet worse , and above which malice it selfe cannot ascend , by his meanes a praier is framed , printed , and sent through all the paroches of england , to bee said in all churches in time of divine service , next after the prayer for the queene and roiall progeny , against our nation by name of trayterous subjects , having cast off all obedience to our anointed soveraigne , and comming in a rebellious manner to invade england , that shame may cover our faces , as enemies to god and the king . whosoever shall impartially examine what hath proceeded from himselfe , in these two books of canons and common praier , what doctrine hath beene published and printed these yeares by past in england , by his disciples and emissaries , what grosse popery in the most materiall points we have found , and are ready to shew in the posthume writings , of the prelate of edinburgh , and dumblane , his owne creatures , his neerest familiars , and most willing instruments to advance his counsells , and projects , fall perceive that his intentions were deepe and large against all the reformed kirks , and reformation of religion , which in his majesties dominions wes panting and by this time had rendered up the ghost , if god had not in a wonderfull way of mercy prevented us : and that if the pope himselfe had beene in his place , he could not have beene more popish , nor could he more zealously have negotiated for rome , against the reformed kirks , to reduce them to the heresies in doctrine , the superstitions and idolatry in worship , and the tyranny in government , which are in that see , and for which the reformed kirks did separate from it , and come furth of babell . from him certainely hath issued all this deluge which almost hath overturned all . we are therefore confident that your lordships will by your meanes deale effectually with the parliament , that this great firebrand be presently removed from his majesties presence , and that he may be put to tryall , and put to his deserved censure according to the lawes of the kingdome , which sall be good service to god , honour to the king and parliament ; terror to the wicked , and comfort to all good men , and to us in speciall , who by his meanes principally have beene put to so many and grievous afflictions , wherein we had perished , if god had not beene with us . we do indeed confesse that the prelates of england have beene of very different humours , some of them of a more hot , and others of them , men of a more moderate temper , some of them more , and some of them lesse inclinable to popery , yet what knowne truth , and constant experience , hath made undeniable , we must at this opportunity professe , that from the first time of reformation of the kirk of scotland , not only after the comming of king iames of happy memory into england , but before , the prelates of england , have beene by all meanes uncessantly working the overthrow of our discipline , and governement . and it hath come to passe of late , that the prelates of england having prevailed , and brought us to subjection in the point of governement , and finding their long waited for opportunity , and a rare congruity of many spirits , and powers , ready to cooperate for their ends , have made a strong assault upon the whole externall worship , and doctrine of our kirk . by which their doing they did not aime to make us conforme to england , but to make scotland first ( whose weaknesse in resisting , they had before experienced , in the novations of governement , and of some points of worship ) and thereafter england conforme to rome , even in these matters , wherein england had seperated from rome , ever since the time of reformation . an evill therefore which hath issued , not so much from the person all disposition of the prelates themselves , as from the innate quality and nature of their office , and prelaticall hierarchy , which did bring furth the pope in ancient times , and never ceaseth till it bring furth popish doctrine and worship , where it is once rooted , and the principles thereof fomented and constantly followed . and from that antipathy and inconsistency of the two formes of ecclesiasticall governement , which they conceived , and not without cause , that one iland united also under one head , and monarch , wes not able to beare : the one being the same in all the parts and powers , which it wes in the times of popery , and now is in the roman church : the other being the forme of governement , received , maintained , and practised , by all the reformed kirks , wherein by their owne testimonies , and confessions , the kirk of scotland had amongst them no small eminency . this also wee represent to your lordships , most serious consideration , that not only the firebrands may be removed , but that the fire may be provided against , that there be no more combustion after this . finis . the charge of the scottish commissioners against the lieutenant of ireland . in our declarations we have joyned with canterbury , the lord lieutenant of ireland , whose malice hath set all his wits and power on work , to devise and doe mischiefe against our kirke and countrey . no other cause of his malice can we conceive , but first his pride and supercilious disdaine of the kirk of scotland , which in his opinion declared by his speeches , hath not in it almost anything of a kirk , although the reformed kirks , and many other divines of england , have given ample testimony to the reformation of the kirk of scotland . secondly , our open opposition against the dangerous innovation of religion intended , and very farre promoved in all his majesties dominions ; of which hee hath shewed himselfe , in his owne way no lesse zealous then canterbury himselfe , as may appeare by his advancing of his chaplain , d. bramble not onely to the bishoprick of derry , but also to be vicar generall of ireland , a man prompted for exalting of canterburian popery , and arminianisme , that thus himselfe might have the power of both swords , against all that should maintaine the reformation ; by his bringing of d. chappell , a man of the same spirit , to the vniversity of dublin , for poysoning the fountaines , and corrupting the seminaries of the kirk . and thirdly , when the primate of ireland did presse a new ratification of the articles of that kirke , in parliament for barring such novations in religion , hee boldly menaced him with the burning , by the hand of the hang-man , of that confession , although confirmed in former parliaments . when hee found that the reformation begun in scotland , did stand in his way , he left no meanes unessaied to rub disgrace upon us , and our cause . the peeces printed at dublin , examen conjurationis scoticanae , the ungirding of the scottish armour : the pamphlet bearing the counterfeit name of lysimachus nichanor ; all three so full of calumnies , slanders , and scurrilities against our countrey , and reformation , that the jesuits in their greatest spite , could not have said more ; yet not onely the authors were countenanced and rewarded by him , but the bookes must beare his name , as the great patron both of the worke and workman . when the nationall oath and covenant warranted by our generall assemblies , was approved by parliament in the articles , subscribed in the kings name , by his majesties high commissioner , and by the lords of privie counsell , and commanded to be sworne by his majesties subjects of all rankes : and particular and plenary information was given unto the lieutenant , by men of such quality , as hee ought to have beleeved , of the loyalty of our hearts to the king , of the lawfulnesse of our proceedings , and innocency of our covenant , and whole course , that he could have no excuse : yet his desperate malice made him to bend his craft and cruelty , his fraud and forces against us . for first , he did craftily call up to dublin some of our country-men , both of the nobility and gentry , living in ireland , shewing them , that the king would conceive and account them as conspirers with the scots , in their rebellious courses , except some remedy were provided : and for remedy , suggesting his own wicked invention , to present unto him and his councell , a petition , which he caused to be framed by the bishop of raphoe , and was seene and corrected by himselfe , wherein they petitioned to have an oath given them , containing a formall renunciation of the scottish covenant , and a deep assurance never so much as to protest against any of his majesties commandements whatsoever . no sooner was this oath thus craftily contriv'd , but with all haste it is sent to such places of the kingdome where our countrey-men had residence : and men , women , and all other persons , above the yeares of sixteen , constrained either presently to take the oath , and thereby renounce their nationall covenant as seditious and trayterous , or with violence and cruelty to be haled to the jayle , fined above the value of their estates , and to be kept close prisoners , and so far as we know , some are yet kept in prison , both men and women of good quality , for not renouncing that oath , which they had taken forty yeares since , in obedience to the king who then lived . a cruelty ensued which may parallell the persecutions of the most unchristian times : for weake women dragged to the bench to take the oath , died in the place , both mother and child : hundreds driven to hide themselves , till in the darknesse of the night they might escape by sea to scotland , whither thousands of them did flye , being forced to leave corne , cattel , houses , and all they possessed , to bee a prey to their persecuting enemies , the lieutenants officers . and some indited and declared guilty of high treason , for no other guiltinesse but for subscribing our nationall oath , which was not onely impiety & injustice in it selfe , and an utter undoing of his majesties subjects , but was a weakning of the scots plantation , to the prejudice of that kingdome , and his majesties service , and was a high scandall against the kings honour , and intolerable abuse of his majesties trust and authority : his majesties commission , which was procured by the lieutenant , bearing no other penalty then a certification of noting the names of the refusers of the oath . but this his restlesse rage and insatiable cruelty , against our religion and country , can not be kept within the bounds of ireland . by his meanes a parliament is called , and although by the sixe subsidies granted in parliament not long before , and by the base meanes which himselfe and his officers did use , as is contained in a late remonstrance , that land was extreamly impoverished , yet by his speeches , full of oathes and asseverations , that we were traytors and rebels , casting off all monarchiall government , &c. he extorted from them foure new subsidies , and indicta causa before wee were heard , procured that a warre was undertaken , and forces should be leavied against us as a rebellious nation , which was also intended to be an example and precedent to the parliament of england for granting subsidies , and sending a joynt army for our utter ruine . according to his appointment in parliament , the army was gathered , and brought downe to the coast , threatning a daily invasion of our countrey , intending to make us a conquered province , and to destroy our religion , liberties , and lawes , and thereby laying upon us a necessity of vast charges , to keepe forces on foot on the west coast to waite upon his comming . and as the warre was denounced , and forces leavied before wee were heard . so before the denouncing of the warre , our ships , and goods on the irish coast were taken , and the owners cast in prison , and some of them in irons . frigats were sent forth to scoure our coasts , which did take some , and burne others of our barkes . having thus incited the kingdome of ireland , and put his forces in order there against us , with all haste he commeth to england . in his parting , at the giving up of the sword , he openly avowed our utter ruine and desolation , in these or the like words . if i returne to that honourable sword i shall leave of the scots neither root nor branch . how soone he commeth to court , as before he had done very evill offices against our commissioners , cleering our proceedings before the point ; so now he useth all meanes to stirre up the king and parliament against us , and to move them to a present warre , according to the precedent , and example of his owne making in the parliament of ireland . and finding that his hopes failed him , and his designes succeeded not that way , in his nimblenesse he taketh another course , that the parliament of england may be broken up , and despising their wisdome and authority , not onely with great gladnesse accepteth , but useth all means that the conduct of the army , in the expedition against scotland , may be put upon him ; which accordingly he obtaineth as generall captaine , with power to invade ; kill , slay , and save at his discretion , and to make any one , or moe deputies in his stead , to doe , and execute all the power and authorities committed to him . according to the largenesse of his commission , and letters patents of his devising , so were his deportments afterwards ; for when the scots , according to their declarations sent before them , were comming in a peaceable way , farre from any intention to invade any of his majesties subjects , and still to supplicate his majesty for a setled peace , he gave order to his officers to fight with them on the way , that the two nations once entred in blood , whatsoever should be the successe , he might escape tryall and censure , and his bloody designes might be put in execution against his majesties subjects of both kingdomes . when the kings majesty was againe enclined to hearken to our petitions , and to compose our differences in a peaceable way , and the peeres of england conveened at yorke , had , as before in their great wisedome and faithfulnesse given unto his majesties counsels of peace , yet this firebrand still smoaketh : and in that honourable assembly , taketh vpon him to breath out threatnings against us as traytors , and enemies to monarchicall government , that we be sent home againe in our blood , and he will whip us out of england . and as these were his speeches in the time of the treaty , appointed by his maiesty at rippon , that if it had beene possible , it might have beene broken up . so when a cessation of armes , was happily agreed vpon there , yet he ceaseth not , but still his practises were for warre , his under officers can tell who it was that gave them commission to draw neere in armes beyond the teese , in the time of the treaty at rippon . the governour of barwicke and carlile can shew , from whom they had their warrants for their acts of hostility , after the cessation was concluded . it may be tryed how it commeth to passe , that the ports of ireland are yet closed , our countrey-men for the oath still kept in prison , traffique interrupted , and no other face of affaires , then if no cessation had been agreed upon . we therefore desire that your lordships will represent to the parliament , that this great incendiarie upon these , and the like offences , not against particular persons , but against kingdomes , and nations , may be put to a tryall , and from their knowne , and renowned justice , may have his deserved punishment . decemb. . the scottish commissioners demand concerning their sixt article . concerning our sixt demand , although it hath often come to passe , that these who have beene joyned by the bonds of religion , and nature , have suffered themselves to be divided about the things of this world ; and although our adversaries , who no lesse labor the division of the two kingdomes , then we doe all seeke peace , and follow after it , as our common happinesse , doe presume that this will be the partition wall , to divide us , and to make us lose all our labours taken about the former demand , wherein by the helpe of god , by his majesties princely goodnesse , and iustice , and your lordships noble , and equall dealing , we have so fully accorded , & to keep us from providing for a firme and weell grounded peace , by the wisdome , and justice of the parliament of england , which is our greatest desire expressed in our last demand . we are still confident , that as we shall concerning this article represent nothing but what is true , iust , and honourable to both kingdomes ; so will your lordships hearken to us , and will not suffer your selves , by any slanders , or suggestions , to be drawne out of that straight and safe way wherein yee have walked since the beginning . it is now wee suppose knowne to all england , especially to both the honourable houses of parliament , and by the occasion of this treatie , more particularly to your lordships , that our distresses in our religion , and liberties , were of late more pressing then we were able to beare , that our complaints and supplications for redresse , were answered at last with the terrours of an army ; that after a pacification greater preparations were made for warre , whereby many acts of hostilitie were done against us , both by sea and land ; the kingdome wanted administration of iustice , and wee constrained to take armes for our defence ; that we were brought to this extreame , and intollerable necessity , either to maintaine divers armies upon our borders against invasion from england , or ireland , still to be deprived of the benefit of all the courts of iustice , and not onely to maintaine so many thousands as were spoiled of their ships , and goods , but to want all commerce by sea , to the vndoing of merchants , of saylors , and many others who lived by fishing , and whose callings are vpholden from hand to mouth by sea trade : any one of which evils is able in a short time to bring the most potent kingdome to confusion , ruine and desolation , how much more all the three at one time combined to bring the kingdome of scotland to be no more a kingdome : yet all these behoved wee either to endure , and vnder no other hope , then of the perfect slavery of our selves , and our posterity in our soules , lives , and meanes ; or to resolve to come into england , not to make invasion , nor with any purpose to fight , except we were forced , god is our iudge , our actions are our witnesses , and england doth now acknowledge the truth , against all suspitions to the contrary , and against the impudent lyes of our enemies , but for our reliefe , defence , & preservation which we could find by no other meanes , when we had essayed all meanes , and had at large expressed our pungent , and pressing necessities , to the kingdome , and parliament of england . since therefore the war on our part ( wch is no other but our comming into england with a guard ) is defensive , and all men doe acknowledge , that in common equity , the defendant should not be suffered to perish in his just and necessary defence , but that the pursuer , whether by way of legall processe in the time of peace , or by way of violence , and unjust invasion in the time of warre , ought to beare the charges of the defendant . we trust that your lordships will thinke that it is not against reason for us to demand some reparation of this kind , and that the parliament of england by whose wisdome and iustice wee have expected the redresse of our wrongs , will take such course , as both may in reason give us satisfaction & may in the notable demōstration of their iustice serve most for their owne honour . our earnestnesse in following this our demand , doth not so farre wrong our sight , and make us so undiscerning , as not to make a difference betweene the kingdome , and parliament of england , which did neither decerne nor set forward a warre against us , and that prevalent faction of prelats and papists who have moved every stone against us , and used all sorts of meanes not onely their counsells , subsidies and forces , but their kirk canons , and prayers for our utter ruine , which maketh them obnoxious to our just accusations , and guilty of all the losses , and wrongs , which this time past wee have sustained : yet this wee desire your lordships to consider , that the estates of the kingdome of scotland being assembled , did endeavour by their declarations , informations , and remonstrances , and by the proceedings of their commissioners , to make knowne unto the counsell , kingdome , and parliament of england , and to forewarne them of the mischiefe intended against both kingdomes , in their religion , and liberties , by the prelates , and papists , to the end , that our invasion from england might have beene prevented , if by the prevalencie of the faction it had beene possible . and therefore wee may now with the greater reason , and confidence presse our demand , that your lordships , the parliament , the kingdome , and the king himselfe may see us repared in our losses at the cost of that faction by whose meanes we have sustained so much dammage , and which , except they repent , will find sorrow recompenced for our griefe , torments for our toyle , and an infinite greater losse for the temporall losses , they have brought upon a whole kingdom , which was dwelling by them in peace . all the devices and doings of our common enemies were to beare downe the truth of religion , and the just liberties of the subjects in both kingdomes . they were confident to bring this about one of two wayes : either by blocking us up by sea & land to constraine us to admit their will for a law both in kirk , and policy , and thus to make us a precedent for the like miserie in england , or by their invasion of our kingdome to compell us furiously , and without order , to break into england , that the two nations once entred into a bloody warre , they might fish in our troubled waters , and catch their desired prey . but as wee declared before our comming . wee trusted that god would turne their wisedome into foolishnesse , and bring their devices upon their owne pates , by our intentions , and resolutions to come into england as among our brethren , in the most peaceable way that could stand with our safety , in respect of our common enemies , to present our petitions for setling our peace , by a parliament in england , wherein the intentions and actions , both of our adversaries , and ours might be brought to light , the kings majesty , and the kingdome rightly informed , the authors , and instruments of our divisions , and troubles punished , all the mischiefes of a nationall , and doubtfull warre prevented , and religion , and liberty with greater peace , and amity then ever before established , against all the craft and violence of our enemies . this was our declaration before wee set our foot into england , from which our deportments since have not varied . and it hath bin the lords wonderfull doing , by the wise counsels , and just proceedings of the parliament , to bring in a great part to passe , and to give us lively hopes of a happy conclusion : and therefore wee will never doubt , but that the parliament in their wisedome and justice , will provide that a proportionable part of the cost , and charges of a worke so great and so comfortable to both nations bee borne by the delinquents there , that with the better conscience the good people of england may sit under their owne vines , and figtrees , refreshing themselves , although upon our greater paines and hazard , yet not altogether upon our cost and charges , which we are not able to beare . the kingdome of england doth know and confesse , that the innovation of religion and liberties in scotland , were not the principall designe of our common enemies , but that both in the intention of the workers , whose zeale was hottest for setling their devices at home : and in the condition of the worke , making us whom they conceived to be the weaker for opposition , to bee nothing else but a leading case for england . and that although by the power of god , which is made perfect in weaknesse , they have found amongst us greater resistance , then they did feare , or either they or our selves could have apprehended ; yet , as it hath beene the will of god that wee should endure the heate of the day ; so in the evening the pretious wages of the vindication of religion , liberties , and lawes are to be received by both kingdoms , and will enrich wee hope to our unspeakable joy , the present age , and the posteritie with blessings that cannot bee vallued , and which the good people of england esteeme more then treasures of gold , and willingly would have purchased with many thousands . wee doe not plead that conscience and piety have moved some men to serve god upon their owne cost , and that justice and equity have directed others , where the harvest hath been common to consider the paines of labouring , and the charges of the sowing , yet this much may we say , that had a forraine enemy , intending to reduce the whole island into popery , made the first assault upon our weaknesse , wee nothing doubt , but the kingdome of england , from their desire to preserve their religion , and liberties , would have found the way to beare with us the expense of our resistance , and lawfull defence , how much more being invaded , although not by england , yet from england , by common enemies , seeking the same ends , wee expect to be helped and relieved . wee will never conceive that it is either the will , or the well and honour of england , that wee should goe from so blessed a worke after so many grievous sufferings , bearing on our backs the insupportable burdens of worldly necessities , and distresses , return to our countrey empty , and exhausted , in which the people of all rankes , sexes , and conditions , have spent themselves . the possessions of every man , who devoted himselfe heartily to this cause , are burdened , not onely with his own personall , and particular expense , but with the publike , and common charges ; of which if there bee no reliefe , neither can our kingdome have peace at home , nor any more credit for gommerce abroad : nor will it bee possible for us , either to aide , and assist our friends , or to resist and oppose the restlesse , and working wickednesse of our enenemies : the best sort will lose much of the sweetnesse of the enjoying of their religion , and liberties , and others will run such wayes , and undirect courses ; as their desperate necessities will drive them into . wee shall be but a burthen to our selves , a vexation unto others , of whose strength we desire to be a considerable part , and a fit subject for our enemies to worke upon for obtaining , their now disappointed , but never dying desires . wee will not alledge the example of other kingdomes , where the losses of necessarie and just defence had been repaired by the other party , nor will wee remember what helpe wee have made according to our abilities to other reformed kirks , and what the kingdome of england of old , and of late hath done to germany , france , and holland , nor doe we use so many words , that england may be burthened , and we eased , or that this should be a matter of our covetousnesse , and not of their justice , and kindnesse ; justice , in respect of our adversaries ) who are the causes of the great misery and necessity , to which wee have been brought : kindnesse , in the supply of our wants , who have beene tender of the welfare of england as of our own , that by this equality and mutuall respect , both nations may be supported in such strength , and sufficiencie , that wee may bee the more serviceable to his majesty , and abound in every good work , both towards one another , and for the comfort and reliefe of the reformed kirks , beyond the seas , that we may all blesse god , and that the blessing of god may be upon us all . the english peeres demand concerning the preceeding articles . whether this be a positive demand , or onely an intimation of the charge , thereby to induce the kingdome of england , to take your distressed estate into consideration , and to afford you some friendly assistance . the scottish commissioners answer to this demand . wee would be no lesse willing to bear our losses if wee had abilitie , then wee have beene ready to undergoe the hazard ; but because the burthen of the whole doth farre exceed our strength , wee have ( as is more fully conceived in our papers ) represented to your lordships , our charges , and losses , not intending to demand a totall reparation , but of such a proportionable part , as tha . wee may in some measure beare the remanent , which wee conceive your lordships ( having considered our reasons ) will judge to bee a matter , not of our govetousnesse , but of the said justice , and kindnesse of the kingdome of england . proposition of the peeres to proceed to the other demands during the debate of the scottish losses . that in the interim whilst the houses of parliament take into consideration , you demand of losses , and dammages , you proceed to settle the other articles of the peace , and incourse betwixt the two kingdomes . answer to the peeres demand . wee have represented our losses , and thereby our distressed condition ingenuously , and in the singlenesse of our hearts , with very great moderation , passing over many things which to us are great burthens , that there might be no difficulty , nor cause of delay on our part , hoping that the honourable houses of parliament , would thereby be moved at their first conveniencie to take the matter to their consideration . we doe not demand a totall reparation , nor doe we speake of the payment , till wee consult about the setling of a solid peace , at which time the wayes of lifting and paying the money , may be considered ; wee doe onely desire to know what proportion may be expected . that this being once determined , and all impediments , arising from our by-past troubles , removed , wee may with the greater confidence , and more hearty consent on both sides proceed to the establishing of a firme and durable peace for time to come . it is not unknowne to your lordships , what desperate desires , and miserable hopes our adversaries have conceived of a a breach upon this article ; and we doe foresee what snares to us , & difficulties to your lordships may arise upon the postponing and laying aside of this article to the last place . and therefore that our adversaries may be out of hope , and we out of feare , and that the setling of peace may be the more easie : we are the more earnest , that as the former articles have bin , so this may be upon greater reasons considered in its owne place , and order . your lordships upon the occasion of some motions made heretofore of the transposing of our demands , doe know , that not onely the substance , but the order of the propounding of them , is contained in our instructions . and as we can alter nothing without warrand , the craving whereof will take more time then the houses of parliament will bestow upon the consideration of this article , so are wee acquainted with the reasons yet standing in force , which moved the ordering of this demand . and therfore let us still be earnest with your lordships , that there be no halting here , where the adversaries did most , and we did least of all , by reason of the iustice , and kindnesse of the houses of parliament expect it . answer of the parliament to the preceding demand . resolved upon the question . that this house thinke fit , that a friendly assistance and reliefe shall be given towards supply of the losses , and necessities of the scots , and that in due time this house will take into consideration the measure and manner of it . the scottish commissioners answer . as wee doe with all thankfulnesse receive the friendly , and kind resolution of the parliament concerning our sixt demand , and doe therein acknowledge your lordships noble dealing , for which wee may assure that the whole kingdome of scotland will at all occasions expresse themselves in all respect , and kindnesse , so doe wee entreat your lordships to represent to the parliament our earnest desire , that they may bee pleased , how soone their conveniencie may serve , to consider of the proportion , wishing still , that as wee expect from our friends the testimonies of their kindnesse and friendly assistance , so the justice of the parliament may be declared , in making the burden more sensible to the prelats , and papists ( our enemies , and authors of all our evills ) then to others , who never have wronged us ; which will not only give unto us , and the whole kingdome of scotland , the greater satisfaction , but will also ( as wee doe conceive ) conduce much to the honour of the kings majesty and parliament . wee doe also expect that your lordships will bee pleased to report unto us the answer of the parliament , that wee may in this , as in our former articles , give accompt to those who sent us . the peeres demand upon the above written answer . vvee desire to understand , since ( as wee conceive ) the particulars are like to require much time , whether wee may not from you let the parliament know , that ( whilest they are debating of the proportion , and the wayes how their kinde assistance may bee raised ) you will proceed to the agreeing of the articles of a firme and durable peace , that thereby both time may bee saved , and both sides proceed mutually with the greater cheerfulnesse and alacrity . the scottish commissioners answer to the preceding demand . as we desire a firme peace , so it is our desire that this peace may bee with all mutuall alacrity speedily concluded . therefore let us entreat your lordships to shew the parliament from us , that how soone they shall be pleased to make the proportion knowne to us , that wee may satisfie the expectation of those who have entrusted us , ( which we conceive may be done in a short time , since they are already acquainted with all the particulars of our demand ) wee shall stay no longer upon the manner and wayes of raising the assistance , which may require a longer time : and yet wee trust will be with such conveniencie determined , as may serve for our timous reliefe , but remitting the manner and wayes to the oportunities of the parliament , shall most willingly proceed to the consideration of the following articles , especially to that which wee most of all desire , a firme and blessed peace . ianuar. . resolved on the question ? that this house doth conceive , that the summe of three hundreth thousand pounds is a fit proportion for that friendly assistance and reliefe , formerly thought fit to bee given , towards the supply of the losses and necessities of our brethren of scotland . and that this house will , in due time , take into consideration the manner how , and the time when , the same shall be raised . answer of the scots commissioners . vve intreat your lordships , whose endeavors god hath blessed in this great work , to make knowne to the parliament , that we doe no lesse desire to shew our thankfulnesse for their friendly assistance and reliefe , then we have been earnest in demanding the same . but the thankfulnesse which we conceive to be due , doth not consist in our affections or words at this time ; but in the mutuall kindnesse , and reall demonstrations to bee expected from the whole kingdome of scotland in all time comming : and that not onely for the measure and proportion , which the parliament hath conceived to bee fit ; and which ( to begin our thankfulnesse now ) we doe in name of the whole kingdome cheerfully accept of , but also for the kinde and christian manner of granting it unto us , as to their brethren , which addeth a weight above many thousands , and cannot bee compensed but by paying their reciprocall love and duty of brethren . and for the resolution to consider in due time of the raising of the same for our reliefe , which also maketh the benefit to be double . this maketh us confident that god ( whose working at this time hath been wonderfull ) hath decreed the peace and amity of the two kingdomes , and will remove all ●ubbes out of the way , that our enemies will at last despaire to divide us , when they see that god hath joyned us in such a fraternity . and that divine providence will plentifully recompence unto the kingdome of england , this their justice and kindnesse , and unto scotland all their losses , which shall not by these and other means amongst our selves be repaired , but by the rich and sweet blessings of the purity and power of the gospell , attended with the benefites of an happy and durable peace under his majesties long and prosperous reigne , and of his royall posterity to all generations . finis . the parliaments thanks to the citie for their kinde complyance with them in all their treasons from time to time committed against his maiesties honor, crowne and dignitie. dedicated to the loyall and treacherous citizens; the valiant and cowardly citizens; the wise and foolish citizens; the wealthy and poor citizens; the square and round-headed citizens; the honored, and the horned citizens. by mercurius melancholicus mercurius melancholicus, fl. . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing p a). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing p a estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the parliaments thanks to the citie for their kinde complyance with them in all their treasons from time to time committed against his maiesties honor, crowne and dignitie. dedicated to the loyall and treacherous citizens; the valiant and cowardly citizens; the wise and foolish citizens; the wealthy and poor citizens; the square and round-headed citizens; the honored, and the horned citizens. by mercurius melancholicus mercurius melancholicus, fl. . sheet ([ ] p.) s.n.], [london : printed in the yeer, when the city stincks for fear. . verse - "you loyall citizens,". place of publication from wing. in two parts. torn. reproduction of the original in the henry e. huntington library and art gallery. eng political satire, english -- poetry -- th century. great britain -- politics and government -- - -- poetry -- early works to . great britain -- history -- civil war, - -- humor -- poetry -- early works to . a r (wing p a). civilwar no the parliaments thanks to the citie: for their kinde complyance with them in all their treasons from time to time committed against his maie mercurius melancholicus d the rate of defects per , words puts this text in the d category of texts with between and defects per , words. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion the parliaments thanks to the citie : for their kinde complyance with them in all their treasons from time to time committed against his maiesties honor , crowne and dignitie . dedicated . to the loyall and treacherous citizens ; the valiant and cowardly citizens ; the wise and foolish citizens ; the wealthy and poor citizens ; the square and round-headed citizens ; the honored , and the horned citizens . by mercurius melancholicus : you loyall citizens , j call you as you were , jn times of old till now , for many a hundred yeer . what is the reason now you are disloyall growne , and have forsaken quite the royall english crowne ? you treacherous citizens , j call you , as you are , how comes it so to passe that you with indas share ? blot out your dagger now your arms their chiefest grace ; iack straw in stead shall put his thatching-knife in place . you valiant citizens , i call you , as you were , time out of mind , untill this present conquering yeare : it pities me to see how hartless you are growne , that dare not budge nor stir for to preserve your owne . you cowardly citizens , i call you a● you are , our miseries they increase , be sure you shall have share : how beardless boyes doe tread , ( the world will laugh to see ) your honor in the dust , with shame and obloquie . you wise grave citizens , j call you as you were , whilst you your selves maintain'd your priviledges cleare : my heart doth burst to see your king , your laws , your rights , abus'd , infring'd , o'rethrowne all by your oversights . you foolish citizens , j call you , as you are , of goods , of rights , of lives , you shall be stripped bare ; where are your eyes become ? you cannot see at all how neare you are unto a lamentable fall . you wealthy citizens , i call you as you were , whil'st in protection you were of your soveraigne deare : but now the case is alter'd the clean contrary way , your riches are become the plundring souldiers prey . you poore base citizens , i call you as you are , jn what a case are you ? how mean , how vile , how bare ? what you your selves have got , nor you , nor yours enjoy . dam-me it 's mine will sweare some upstart souldiers boy . the second part. to the same tune . square-headed citizen● , j call you as you were , whil'st you the helme of iustice most equally did steere , but now your giddy heads have turn'd you all so round , of law , or of r●lig●on we can have nothing found . round-headed citizens , i call you as you are , for by your orbed forms , you put all out of square : the kingdom quite undone , your selves shall not escape , expect no further bliss , but murder , theft and rape . you honored citizens . i call you as you were , whil'st you reserv'd a strength , to keep your selves from fear ; but all your hold's are lost , by your grave wisedomes pates , if you your houses keep , it 's more then is your fates . you horned citizens , i call you as you are , what cockolds could endure corrivalls thus to share ? content i doe confess , it is a wittalls part , let nothing j have said , pray strike you to the heart . farewell kinde citizens , all things but horns are deare , and no one may we thanke but you , for this same geare . a challenge from kent , and the counties of surrey , sussex , essex and hertford-shire ; to the citie of london , for her treachery ready to be undone . tame , cowardly , kuckoldly citizens ; that for your treachery and disloyalty are grown shameless before men ; perjur'd before god , traytors to your king ; robbers and murderers to your countrey ; a reproch to your religion , a dishonour to your nation , and a hissing to the whole vvorld ; the chief protectors , upholders , and abbetors of traytors , murderers , theeves , and schismaticks ; and a pay-master unto them that are over head and ears in blood , tyranny rapine and oppression ; that have made london ( once the phaenix of the world , that burn'd in loyall flames to soveraignity , till it renew'd it's honor with it's age , and its prosperity with its peace ; a citie at unitie with it self , that fear'd god , honoured the king , were obediently governed by his lawes , and became rich and happy in all blessings whatsoever ; ) till you with the superfluity of your moneybagges have waged traytors in rebellion against your lawfull king , to the undoing of all the kingdom ; turned your citie ( once the paragon of beaut● , ) into the pa●tern of deformity ; your phaenix into an owle , to be whooted at by all nations , and made the crowne and pride of england , ( by your treachery ) to be the scare-crow , and scorn of the world . wee the long abused people of england , that now justly take up arms to redeem our king , religion , lawes and liberties of the subject from the tyranny and arbytrary cruelties of a factious and over-awing prvalent party ; vvill and require you the citizens of london ( as you will recover your crack'd credits ) to doe the like with all convenient speed ; else we shall doe our utmost to stop all provisions from comming to your citie ; and use the uttermost of our indeavors to reduce both you and your citie to the obedience of his majestie , and all criminaries whatsoever to the tryall of the knowne lawes of the land . god save the king . finis . printed in the yeer , when the city stincks for fear . . interest mistaken, or, the holy cheat proving from the undeniable practises and positions of the presbyterians, that the design of that party is to enslave both king and people under the masque of religion : by way of observation upon a treatise, intitutled, the interest of england in the matter of religion, &c. / by roger l'estrange. l'estrange, roger, sir, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing l estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) interest mistaken, or, the holy cheat proving from the undeniable practises and positions of the presbyterians, that the design of that party is to enslave both king and people under the masque of religion : by way of observation upon a treatise, intitutled, the interest of england in the matter of religion, &c. / by roger l'estrange. l'estrange, roger, sir, - . the second impression. [ ], , [ ] p. printed for henry brome ..., london : . advertisement: p. [ ]-[ ] at end. imperfect: print show-through. reproduction of original in the british library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng corbet, john, - . -- interest of england in the matter of religion. interest of england in the matter of religion. presbyterianism -- controversial literature. church and state -- england. great britain -- politics and government -- - . - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - rachel losh sampled and proofread - rachel losh text and markup reviewed and edited - pfs batch review (qc) and xml conversion interest mistaken , or the holy cheat ; proving from the undeniable practises and positions of the presbyterians , that the design of that party is to enslave both king and people under the masque of religion . by way of observation upon a treatise , intituled , the interest of england in the matter of religion , &c. by roger l'estrange . the second impression . aug. de civ . dei. nullo modo his artibus placatur divina majestas , quibus humana dignitas inquinatur . london , printed for henry brome at the gun in ivy-lane . . to the honourable hovse of commons assembled in parliament . most honourable , to begg your pardon , or protection , were to suppose a fault , or hazzard , but in this dedication finding neither , i shall waive that formality : humbly submitting what i have to say ; my reasons , and my self , to your authority , and wisdom , without more prologue , or apology . there is a faction which under the note of presbyterian , seems much concerned to stickle against bishops , & church-rites , on the behalf of tender consciences . their writings and opinions , are with great freedom , craft , and diligence , dispers'd throughout the nation ; to the great scandal of the true church , and the encouragement of those of the revolt . but this is yet the least part of the mischief , or in effect of their design : their ayme being to tumultuate the people , and make a partie against the civil power . indeed their pamphlets wear the face of church-disputes , and modells ; but he that reads them through , and marques them narrowly , shall find the king's authority the question . that the late war against the king was lawfull ; is a position common to them all , and this they publiquely maintain , as the main basis of the cause . by which assertion , they cast the bloud , and guilt upon his majestie ; make his adhaerents traitors : place the supreme authoritie in the two houses : subject the law to an ordinance : the government , to a faction : and animate the schismatiques to serve his majestie in beeing as they did his father . this is the drift of their seditious libells , and of their projects too ; if any judgement may be made upon their strict conformity of argument , and methode , to those that first embroyl'd us . how farr this matter may require your care , becomes not me to meddle : i thought it might be worth your honours knowledge , and led by an opinion of my duty , this state of the affair , ( such as it is ) i doe most humbly lay before you . his majesty had no sooner set foot upon english ground , but swarms of pestilent papers were in a readiness to enterteyn him . some of the sharpest of them , i delivered to several members of that session , with the stationers name for whom they were printed , ( smith , at the bible in cornhill , croftons agent ) but all too little to suppress them . one passage is this that follows ; speaking of the limited power of kings — this may serve to justify the proceedings of this kingdom against the late king , who in a hostile way set himself to overthrow religion , parliaments , lawes and liberties . hand in hand with this pamphlet , came forth smectymnuus ; reviv'd , and recommended by mr. manton : and since that time , some hundreds more of the same stamp , whose common business 't is , by affronting of the law , and flattering of the rabble to cast all back into confusi●n . among the many other actours of religion , i find not any man playes his part better , then the author of that treatise which hath extorted this : who indeed , abuses the people in very good terms . some hasty observations i have pass'd upon him , in favour of the easie , and deceivable vulgar ; which prailties i submit to your honours charity ; but the main equitie of the cause , i hope , will stand the test of your severest justice : for doubtlesse much is due to the late king's honour , as well as to his blood. and somewhat ( with submission to your wisdoms ) may be allow'd to his partie : at least sufficient to protect them from popular contempt , and the infamous lash of every daring libell . i dare not trust my self further with my own thoughts , and yet i take them to be such as very well consist with the duty of your honours most obedient and humble servant , roger l'estrange . to the good people of england . the cm mon good is the common pretence of all seditious combinations : and it is no new thing for a crafty faction to impose upon a simple multitude , empty appearances , for truths and reason . but our reformers scorn to stop at this dull , general method of confusion . the law of god must be subjected as well as that of the nation ; we must call treason , loyalty , and commit murther as a point of conscience . no lesse than this is hinted in the presbyterians justification of the scotish league and quarrel : nor have they any other aim , than by procuring an allowance of that war , to make way to another . to this end , they disperse their poysonous infusions into all quarters of the kingdom , under those very forms of piety , and tenderness , by which they first betrayed us : and by those very means do they now prosecute afresh their first intentions . that is , they labour to promote the cause , by scandalous and rank invectives , against the church , and stirring up of tumults to reform it : by a loud pharisaical ostentation of their own holyness , & a sour churlish censure of all others : by sharp and sawcie aspersions upon the royal party , and by reflections yet more bitter and audacious , upon his sacred majesty , and his murtherd father . to see these libells passe with freedom , and impunitie , as if they were authorized : and to observe what foul mistakes are grounded upon these grosse allowances , to the kings disadvantage , and all without controll or confutation . this , and no other reason ( so god blesse me ) that is ; of private passion , or animosity of temper ) hath drawn this honest folly from me . i reckon it my duty to my prince and country , to my own honour , and to the oath i have taken , where ever i find a publique enemy to discover him : and being thus commissioned , both by authority and conscience , i proceed . the benefit of this treatise is directed to the people , and the design of it is onely to lay open the presbyterian juggle , that in one age they be not twice deluded by the same imposture . my arguments are drawn from their own practises , and positions : from presidents of former times ; ( cartwright and his disciples ) from what hath passed within our own experience ; from what these very men have done , and from the very logique of their own writings , what they professe , they do intend to doe . as the delusion is apparent , so is the justice of discoursing it . can it be thought , that by the act of pardon , his majestie ever meant to subject all the sober and legal interests of the nation , to be worried by a faction ? who of the royal party charges them ? or if they did , what has the law done to offend them ? or say the law be sharp against them , his majesties unparalell'd mercy has by his royal grace taken off the edge of it ; hazzarding himself to preserve these unthankfull people , which are now practising upon that authoritie , that saved them . and i beseech you what is the goodly subject of the controversie ? the presbyterian discipline forsooth ; and ceremonies of mystical and humane institution . touching the former ; st. augustine tells us , that aërius turn'd heretique upon the misse of a bishopprick . ( the first assertor of church-parity ) i am affraid some of our reverend clergy are sick of his disease ; for their design is not so much to convert bishops into presbyters , as to make every presbyter a bishop . and then for ceremonies ; they teaz and chafe the common-people into a pettish scruple , that would be well and quiet enough without them . they make their consciences like skittish jades , that boggle at their own shadowes , and start into a precipice to avoid a feather . they tell us too of number , and press their importunities in the name of many thousands of the good people of the nation ; so did the kings insolent judges , and with as much truth the one as the other . let it be further noted , that in this case , the factious and schismatical clergy are but ( with reverence ) bawds to a state-faction . a tumult for religion , is within one step of rebellion . nor do they only shape their loose opinions to their lewd purposes , but by all secret arts and practises , they form their parties . but here i am confin'd . — all i design is only a fit caution to all well-meaning subjects , not to believe their eares against their reason . if they can adde one syllable , of weight , to what they have already promised , and broken , i 'le give my self up to the partie . this is not yet to cast a general blot upon all persons of that judgement , nor to excite any unquiet thoughts toward the rest : but only to present a modest , and an usefull warning to the people . so far am i from a desire to move any distemper , that i do positively affirm , should the king ( which is impossible ) pick out of all his subjects those very persons , who upon twentie years experience , have proved through all extremities how much they love his cause and person , above their lives and fortunes : should , i say , these be pick'd out by his majestie , and marqu'd for slaves to those that with an equal zeal and steadynesse have opposed him ; our dutie were the same yet . severitie , and kindnesse may move us as men , but not as subjects : obedience to kings being a divine precept , and not subjected to those accidents which work upon our passions . nor shall this sense of my own clearness betray me yet to a surprize ; for i fore-see a thousand mischiefs may befall me , and all which either private malice , or open and bold prejudice can cast upon me ; i am provided for . to those of the presbyterian perswasion that truly love the king , i bear a more then ordinarie respect , because it is a more then ordinarie virtue , and for the rest , i care not . i am not now to learn the temper of the rigid presbyterians . they did me once the honour to condemn me , almost at mid-night , by a pack'd committee , and without a hearing ; well-nigh four years they kept me in newgate upon that account . this was a pretty tast of their good nature . i do not now complain , but i confesse , it would have pleas'd me as well if the bishop that christens still by the directory , had chosen some other chancellour , instead of my judge advocate : — but i desire only to make a sober use of these mistakes ; the king knowes nothing of them . god preserve his majesty , convert his enemies , & comfort his friends . farewell . the holy cheat : proving , from the undeniable practices and positions of the presbyterians , that the design of that party is to enslave both king and people , under the masque of religion , &c. if the authour of the interest of england , &c. had meant fairly to the question , he would as well have told us the good of bishops , and the ill of presbyters , as he hath done the contrary , and never have concluded for , or against either , from the best actions of the one , and the worst of the other . at least , a man would think this partiality of method , might content him without the further service of those little arts he uses , to aid , and recommend his undertaking . the present state of things , he represents quite other then it is : and raises thence a political expedience of doing this , or that , — of linking interests , — never considering , that he himself creates that interest , and gives affairs the face of that expedience . page the . he laies his ground-work , in these following words . among the various dis-agreeing parties within this kingdom , which seem to render it an indigested mass of people ; two main ones appear above the rest , of so large an interest , that if by any means they might become no more twain , but one ; they would take in , and carry along the whole stream and strength of the nation . and these two are the episcopal and presbyterian parties , each of them highly laying claim to the protestant religion . and undoubtedly whilst these two remain divided , the kingdom of england , and the protestant religion is divided against it self . this dis-union is removed , either by the abolition of one party , or by the coalition of both into one . the former , if supposed possible , cannot be accomplished , but by violent & perillous ways and means . the latter is brought to pass by accommodation , or mutual yielding . moreover , there is a third way imaginable , toleration indulged to the weaker side . in which of these ways lies the true interest of the king and kingdom , is the greatcase of the time , and the subject of this discourse , which presumes not to inform his majesty , but in subordination unto his declared moderation and condescention , endeavours , by shewing things as they are , to convince and perswade interessed persons , that the pacification begun for this interim may be entire and perfect , and fully setled for perpetual unity . observation let it be here observed , first , what the difference is ; next , betwixt whom ; in the third place , the danger of it ; and lastly , the expedient to remove it . it seems , the episcopal , and presbyterian parties , united in religion , cannot agree yet about discipline : and while these two remain divided , the publick is in danger . from hence results the interest of mutual yielding — ( his coalition of both parties into one ) upon which hinge moves the whole frame of his design ; and in two pages , he gives the presbyter possession of his claim , deciding with exceeding ease , the case of king and kingdom . opinion is a great mistress : for that which he so magisterially lays down and challenges , appears to me mis-stated , and worse managed . i must confess , his reduction of all other interests under episcopal and presbyterian , is , in some sense , no ill dichotomy , that is , intended of the two main parties , whereof , the one's against the law , the other for it : but why the single presbyterian should be esteemed the ballance of the nation , i cannot comprehend . if they are so , they should do well to cast their cause upon a popular vote , and try the issue by the poll. for quiet sake , no matter , many or few , there may be equity where there wants number . we 'l rather see in point of right what 't is they insist upon : which , if exemption from episcopal authority , in things indifferent , and of humane institution . we must plead judgment of discretion too , as well as they : a freedom , and capacity to distinguish betwixt a scandal given and taken ; betwixt a dis-conformity proceeding from conscience , and from passion ; where the dissent proceeds from conscience , a toleration clears that scruple : but our good peoples liberty consists in burthening others , as well as freeing themselves , and that 's intolerable . how many strange indecencies are here , one upon the neck of another i first , here 's the minor part imposing upon the major : secondly , a novel , and vulgar imagination , bearing down an apostolical institution : thirdly , a private opinion , contesting with a solemn , and publike sanction : and finally , the subject of all this earnestnesse , in their own phrase , is but a very accommodable difference . from what i have said , i am perswaded that severity to the pertinacious presbyter , is the true interest of this nation , allowing yet indulgence to the conscientious . well , but our authour tells us , that abolition if possible , is perillous , and toleration only an imaginary remedy . is not this to intimate that the party makes less conscience of a tumult , than of a ceremony : and to argue the necessity of complying , from the danger of refusing ? what would these people do if they had power , that are so bold without it ! and yet our politician makes it the kings interest to close with them . he means perchance , according to the covenant : the coalition , there , of all schisms , and heresies into one interest , was of great reason , and important service to the commune work : but we are now advising how to settle not to disjoynt a government , and to incorporate dis-agreements , were to begin upon a principle of confusion . as the case stands with us , in my weak judgement , persons should rather be indulg'd , than parties . my reason is this , some individuals of that perswasion , have done his majesty some service , but ( to the best of my remembrance ) the entire party , never any . yet one reflexion more . allow these people all their askings , in what concerns their discipline , will they rest quiet there , without a further hankering after more ? ( the legislative power perhaps ; the militia ; — or some such trifle ) i am the more suspitious , because i do not well remember , where ever that party was satisfied with less than all. nor need i look far back for instances to justifie my fears ; but having in some measure hitherto discovered his foundation , we 'l forward now , and see what work he makes upon this sandy bottom , taking his title-page in my way , for , to my thinking , he stumbles at the threshold . — it runs thus . the interest of england in the matter of religion , unfolded in the solution of these three questions . i. qu. vvhether the presbyterian party should in justice or reason of state be rejected and depressed , or protected and encouraged . ii. qu. vvhether the presbyterian party may be protected and encouraged , and the episcopal not deserted nor disobliged . iii. qu. whether the upholding of both parties by a just and equal accommodation , be not in it self more desirable and more agreeable to the state of england , then the absolute exalting of the one party , and the total subversion of the other . written by j. c. observation i would fain know what is meant by , the matter of religion , as it stands here related to civil interest ? doctrine it cannot be , for that were to advise a yielding upon a principle of policy , in opposition to a rule of conscience : subjecting interest of religion , which is eternal happiness , to reason of state , which regards but temporal convenience . if it be discipline , what 's that to the interest of england ? our settlement depends upon a due obedience to the establish'd law ; not the encouraging of froward humors , by an audacious and mis-govern'd zeal , under pretext of conscience to affront it . let authority reform , and private persons either obey , or suffer ; we are to answer for our own faults , not those of the government . and in fine , if the hill will not come to mahomet , let mahomet go to the hill. after a pleasant breviate of the story of our late troubles , handsomely penn'd indeed ) in his tenth page he takes his biass . at length ( says he ) a full tide of concurring accidents carries him ( the duke of albemarle , then general ) to a closure with the sober part of the parliamentary party , who from first to last intended onely a reformation , and due regulation of things in church and state , but abhorred the thought of destroying the king , or changing the fundamental laws of the kingdom . observation i thought the act of pardon and oblivion had quieted all animosities , and silenc'd all discourses of this quality ; but 't is , it seems , the interest of england in the matter of religion , to keep the quarrel waking ; and by asserting the proceedings of the two houses in the late war , to engage this king within the danger of his fathers president . to be as free with the authour , as he is with his majesty , i 'le put his meaning in a little plainer english. beside the grand division of the nation into a royal and a popular party ; that party which he here calls parliamentary , is again split ; and under this subdivision are comprised , those which did actually destroy the king ; and those which by good fortune , did it not . ( presbyterians , and independents . ) the sober part , ( meaning the presbyterian ) he justifies from first to last , even to their very intentions . ( i must tread warily , for i am here upon a narrow and a slippery path . ) not to dispute the gentlemans intuitive knowledge ; we 'l rather modestly believe that they mistook their way , then he , their meaning : for certainly , the murther of the king , was not the onely unlawful violence acted upon that sacred person , and he that stops there , does as much as nothing . i would not touch upon this subject , were i not bound by oath , and duty , to discharge my soul , in what concerns the honor , and the safety of my prince . can the first cause asserted by both houses , in opposition to his late majesty , be justifi'd , and not the king condemn'd ? and is not the honor and safety of his majesty that now is , concern'd in these indignities upon his murther'd father ? what was then lawful , is so still : and he that but implicitly charges the last king , strikes at this. the text will bear no other sense without a torture . but i shall by-and-by , compare him with himself . in the mean while we may explain one presbyterian by another . douglas , in . preach'd the kings coronation-sermon . which since his majesties return , is over and over again reprinted . a king ( says he ) abusing his power , to the overthrow of religion , laws , and liberties , which are the very fundamentals of this contract and covenant , may be controlled and opposed ; and if he set himself to overthrow all these by arms , then they who have power , as the estates of a land , may and ought to resist by arms ; because he doth , by that opposition , break the very bonds , and overthroweth all the essentials of this contract and covenant . this may ☜ serve to justifie the proceedings of this kingdom against the late king , who in an hostile way set himself to overthrow religion , parliaments , laws and liberties . i think this needs no comment , — about the same time , smectymnuus was revived by mr. manton , ( a most auspicious welcome doubtless to his majesty ) wherein five champions of the cause take up the cudgels against one bishop , on the behalf of scandalous pamphlets , and tumultuary petitions against episcopacy . this is the naked truth , what ever the jolly priest may tell the reader , of the * faction against which they dealt . five orthodox divines , he says , were the authors . four of the five i shall not mention , the fifth was marshal , of whose divinity , a taste ; that by the sweet agreement , we may the better judge of mr. manton's . in a letter printed . arguing for the authority of the two houses , page . thus. let every soul in england be subject to king and parliament , for they are the higher powers ordained unto you of god ; whosoever therefore resisteth king and parliament , resisteth the ordinance of god ; and they that resist shall receive to themselves damnation . the man was no conjurer , yet he had wit enough , when presbytery went down , to court the rising interest ; and ' though the common-prayer was an abomination , to marry his daughter by it , for fear of after-claps . but i suppose 't was huddl'd up , as 't is in mr. manton's church , that no man might be able to make oath 't was not the directory . if the case had been concerning * the allowance of christian burial to a gentleman that was quartered for his loyalty . or to determine in the great point of the late kings death , ( upon an anniversary fast ) whether or no 't was murther : truly considering the potent arguments brought on both sides , 't is possible that mr. marshal would have contented himself ( as well as his neighbours ) barely to put the case , and leave the point at last undecided to his auditory . not to spend time , and paper needlesly , the whole stream of the disciplinarians runs this way : onely perhaps more or less bold , and open , according to the present strength , or weakness of the faction . but to return : can any thing be more gentle , then a reformation , and due regulation of things in church and state ? ( words smoother than oyle , yet are they very swords . ) first , to reform , and regulate , belongs to the supreme magistrate ; if they intended that , they were to blame . now to take it in a qualifi'd and softer sense ; 't was a due regulation they intended . to put this general notion in more intelligible terms ; upon this point depends no less then all that 's dear to every honest man. the dignity of the king , the liberty of the subject , the freedome of parliaments , and the honor of the nation . god knows my thoughts , i do not envy any man , either the benefit of his majesty's mercy , or the blessing of his favour , that hath the grace at last not to abuse it . i look upon his royal act of pardon with reverence ; and upon every soul within that pale as in a sanctuary . but yet i do not understand a pardon for one rebellion , to be a dispensation for another ; nor how the argument lies from fact to right . under these two words , due regulation ; thus much is comprehended , ( waiving less differences and greater . ) . the transferring of the power of chusing great officers , and ministers of state ; from the king to the two houses . . all matters of state in the interval of parliaments must be debated , and concluded by a counsel so chosen , and in number not above twenty five , nor under fifteen ; and no publick act esteemed of any validity , as proceeding from the royal authority , unless it be done by the advice and consent of the major part of that counsel ; attested under their hands . and these too sworn to the sense of both houses . . the lords and commons must be intrusted with the militia . . his majesty may appoint , but the two houses , or the counsel ( in such manner as aforesaid ) must approve of all governors of forts , and castles . lastly , no peers hereafter made , must sit , or vote in parliament , unless admitted thereunto by the consent of both houses . upon these terms ; his majesty shall be supported , in honor , and plenty ; by his most humble and faithful subjects , who have in their thoughts and desires nothing more precious , ( next to the honor and immediate service of god ) than their just , and faithful performance of their duty to the king , and kingdom . this is the due regulation they intended : ( for sure they meant what they proposed , to our late soveraign . i speak not this , of persons , but of the gross of the party ; nor to reproach that neither , but to remove a scandal from the ashes of that blessed martyr , and to direct a reverence towards his successor . what provocation have these restless people , now to revive this question : but an unruly impotency of passion against the government ? this is their way . in generals , they justifie from first to last , the presbyterians cause . the multitude , they look into particulars : and from those injuries which the late king suffered , draw inferences dis-honourable , and dangerous to this . in the next periode , me-thinks he falls upon a non-sequitur . the re-admission of the secluded members , ( he says ) did necessarily draw after it , the restoring of king , lords , and commons , according to the antient constitution . not necessarily ( under favour ) according to the antient constitution : ( i will not say nor probably : but ) there were two shrewd blocks cast in the way . the first , in the militia ; where no commissionated officer was to act , that should not first acknowledge in these words , viz. i do acknowledge and declare , that the warre undertaken by both houses of parliament in their defence against the forces raised in the name of the late king , was just and lawful ; and that magistracy and ministery , are the ordinances of god. the second , was in the exclusion of the royal party from the next choice , as followeth . resolved , that all and every person who have advised , or voluntarily aided , abeited , or assisted , in any war against the parliament ( since the first day of january . ) his or their sons , unless he or they have since manifested their good affections to this parliament , shall be uncapable to be elected to serve as members of the next parliament . now how a choice thus limited in the house , and principled in the field , should necessarily set us right , does not to me appear ? perhaps it was the most the time would bear : but god forbid , that declaration charging the guilt , and blood of the late war upon the king , should stand upon record to future generations . who ever affirms that war was lawful , does beyond question meditate another ; not to say more than needs , it blasts the memory of the late king , and upon the king that now is , it reflects many mischiefs , subjecting both his dignity and person , to his fathers hazards . it administers argument for a new war ; and shakes the very foundation of royalty . grant that , the act of oblivion is on the wrong side ; if the king was in fault , the presbyterians must grant the pardon . from the clear reason of the matter in it self , and from the obvious consequences ; beside that justice which both king and people owe to the ashes of a father and a soveraign , it seems to me of high concern , to counter-state that declaration , and place the militia of this nation now in such hands , as will acknowledge the late kings quarrel was defensive . i am the bolder in this particular , because i find the faction pressing beyond both modesty and reason , upon this bottom . where majesty it self is affronted , it were a second injury to allow the servant better quarter than the master . but they are very exact and careful in this particular : as will appear in what follows . after a dreadful earthquake , shaking all the powers of the kingdom , and over-turning the very foundations , and after a new frame of things erected standing for divers years , and seemingly stated for perpetuity , the regal family and government is raised up again , not by the power or policy of that party , who fought under the banner of his late majesty in the wars , between him and both houses of parliament ; but by the restless desire of the nation , and the vigorous actings of the city of london , with the concurrence of the secluded members of the long parliament , in conjunction with that renowned person , who then held the power of the sword. let it be noted here , that ( by his confession ) the war was between the king and both houses of parliament . now to that party who fought under the banner of his late majesty . ( whom he might have spared for the general 's sake . ) truly , considering what havock hath been made of them , by slaughters , extrajudicial sentences , plunders , sequestrations , imprisonments , banishments ; shipping them away into plantations , &c. — and this for twenty years continuance . 't is no great wonder to find some abatement of their power . but to affirm that they contributed nothing to his majesties restauration , is very unkind , and something rash. the nation did , ( he says ) the city of london , and the secluded members of the long parliament ; but not that party . ( a pleasant and phantastical dis-junction . ) this way of barely affirming , and denying ; crying one party up , and the other down , and proving nothing , is neither mannerly , nor prudent . how comes this man of metaphysical inspection , that reads the very thoughts of the presbyterians , and seems so well enformed in all the actings of the royal party : how comes he by this wondrous insight and intelligence ? does he not find that all he says is nothing , unless he can see things invisible , and prove negatives ? is this the work of the spirit of pacification ? or will he tell us , in the holy dialect , that 't is the enmity betwixt the seed of the woman , and the seed of the serpent ? so far were we , ( for i write my self of that party ) from this unfriendly and unchristian temper of dis-uniting , that we declared unanimously against it , binding our selves by all that 's sacred , to an eternal union with all parties , in order to the restauration of his majesty , all differences apart ; of what degree or quality soever . in this , we had an eye to the king's interest , and to the nation 's ; for it referred both to his majesty's return , and to a lasting peace ; the former being facilitated by that conjunction of interests ; and the latter , provided for by a conciliation of affections , to be wrought by suppressing all motions toward revenge in the one party , and the fears of it in the other . it had been good manners to have met us half way ; but truly high discretion , as well as common equity , to close with us , and entertain the offer . but far from this , we do not onely get not one good word , but many a bad one : such , as those people that will never leave the king , are to expect from such as do not love him. our adversary talks much of the gospel . is it a gospel-precept , to render evil for good ▪ what i have shewed already , that the kings party did , amounts to somewhat more than nothing . we 'l see a little further , allowing yet to all that acted in that work their share of glory . the duke of albemarle was the leading card , then in the head of an army , better dispos'd to his command , than design : and to him the honest part of the city and nation were no ill seconds . but till he had tasted and tri'd them , he did well to walk warily : and rather take the middle and safer way , of gratifying all interests then on foot , than the more positive , and hazardous , of disobliging any two parties , in favour of the third . for there were then three several interests in play : the king 's , the presbyterian's , and the phanatique's : the royal party press'd for a free choice and convention , without prelimination . the presbyterians urg'd a re-admission of the secluded members . the phanatiques , they were for filling up the house , according to such qualifications as the rump should resolve upon . the course the general steer'd was this ; — the rump continued ; the secluded members returned ; and the royallists were satisfied with the assurance of a new choice soon after . his excellence acting in this affair rather as a conciliator , than a party , and in order to a settlement , giving things the best consistency they would then bear . but had the antient stock of royallists no hand at all in this procurement ? it never came to blows , so that the matter rests upon the effects of policy and counsel ; whereof our undertaker cannot give any absolute account ; nor shall we in our just apology , exalt our selves , and cry , we brought the king in . that 's presbyterian language . we did not drive him out , we 'l say ; and that we joyn'd with many thousands , as honest as our selves , in duty to restore him . whether there was place for action , and to do the king a service that way , we never articled for offices or rewards , but without further care of interest , persu'd our duties . in fine the loyal part of the nation was animated by the same soul , joyn'd stocks , and counsels : and many thousands of brave fellows that never saw the king , were forward and ambitious to die for him . i could say what was undertaken by the old royal party , particularly , in hewson's scuffle , ( and indeed where not ) but that it casts a slur upon some of his majesty's new friends . this however , those lads of the city , that would have done the work without more ado , had they not been muzzl'd by some of their mungrel magistrates , that din'd with the mayor , and supp'd with the committee of safety : those honest people will , if need be , bear witness for us , and in like manner the whole nation , that by action , counsel , writing , we did all that was possible in the business . neither does what i have delivered in defence of the royal party , disagree with his majesty's testimony of the other , in his gracious speech to the house of peers for hastning the act of indempnity : which yet our author cites against us . my lords , if you do not joyn with me in extinguishing those fears , which keep mens hearts awake , and apprehensive of safety and security , you keep me from performing my promise , which if i had not made , i am perswaded that neither i nor you had been now here : i pray you let vs not deceive those who brought vs , or permitted vs to come together . observation the king does not there say so much who brought him in , as who permitted his restoring ; implying , that he was fain to condition for that too ; but withal , a great earnestness to perform his promise . had but this gentleman considered as well what the king said at the passing of the indempnity , as at the hastning of it , this wrangle would have been saved ; i 'l do him the service to mind him of it . i do very willingly pardon all that is pardoned by this act of indempnity , to that time which is mentioned in the bill . nay , i will tell you , that from that time to this day , i will not use great severity , except in such cases where the malice is notorious , and the publick peace exceedingly concern'd . but for the time to come , the same discretion and conscience which disposed me to the clemency i have express'd , which is most agreeable to my nature , will oblige me to all rigour and severity , how contrary soever it be to my nature , towards those who shall not now acquiesce , but continue to manifest their sedition and dislike of the government , either in actions or words . and i must conjure you all ( my lords and gentlemen ) to concur with me in this just and necessary severity ; and that you will in your several stations , be so jealous of the publick peace , and of my particular honor , that you will cause exemplary justice to be done upon those who are guilty of seditious speeches or writings , as well as those ☜ who break out into seditious actions : and that you will believe those who delight in reproaching and traducing my person , not to be well affected to you and the publick peace . never king valued himself more upon the affections of his people , than i do ; nor do i know a better way to make my self sure of your affections , than by being just and kind to you all ; and whilst i am so , i pray let the world see , that i am possessed of your affections . thus far the ground-work , now the goodly structure . his majesty thus brought back to a willing and free-spirited people , by their own act , beholds his undoubted interest set forth to his hand , and made plain before him ; which is no other , than a well-tempered and composed state of affairs , both religious and civil , in all his dominions , by the abolishing of former differences , and the reconciling of all reconcileable parties ; and especially of those grand parties , which ( if made one ) do upon the matter carry the whole nation . and this his majesties wisdom hath already observed , in that excellent proclamation against vitious , debauched , and prophane persons , in these words , [ that the reconciliation and union of hearts and affections , can onely , with god's blessing , make us rejoyce in each other , and keep our enemies from rejoycing . ] and this is the earnest expectation and hope of the religious , and well affected to the publick tranquillity , that the king , our supreme head and governor , whose gracious disposition doth not suffer him to cleave to any divided part of his subjects , and to reject others that are alike loyal , will , as a common father , protect and cherish all those that are found capable and worthy , and become our great moderator by his authority and wisdom , to lessen differences , and allay animosities , between dissenting brethren , which already agree in the main points of religion . having hitherto asserted , that those who fought under the late king's banner , were not his majesty's friends ; and that those who fought against it , ever were ; he proceeds now to a conclusion suitable to his premises , and states the interest of the king in favour of that voluntary mistake : directing an accord betwixt all reconcilable parties , and an indulgence toward all those that are found capable , and worthy . in both ( and in all ) cases , the presbyterian himself must be the judge : and then we know what will become of royallists and bishops . the kings friends have ever had the honor to be divided ( by these people ) into persons popishly affected , evil counsellors , and loose livers ; and it is evident , that they design , under these limitations of reconcilable , capable , and worthy , to cast all such as conscientiously , and frankly adhere to monarchy , and episcopacy , out of the terms of their pretended pacification . all those that they find capable and worthy , and esteem reconcilable , shall be admitted . now to the question . . quest. whether in justice or reason of state the presbyterian party should be rejected and depressed , or protected and encouraged ? observation it would be first agreed what 's meant by the presbyterian party : we 'l weigh the justice and reason of the proposition after . his own remarque upon it is not amiss . as concerning their true character , the notation of the name whereby they are called , is both too shallow , and too narrow for it . the word presbyterian hath not sufficient depth to go to the root of the matter , nor breadth sufficient to comprehend this sort of men . that form of ecclesiastical government by parochial and classical presbyteries , provincial and national assemblies , is remote enough from their main cause , and those firm bonds that make them eternally one , in respect whereof many that approve a regulated episcopacy , will be found of their number . observation 't is truly and well said . their cause is not the form , but the exercise of government : for they like well enough to have that power themselves , which they condemn in others . nor do i doubt but that many of them approve a regulated episcopacy ; that is , a presbyter in a bishop's seat , where the office appears regulated by the person , as 't is in a regulated monarchy ; where the king 's subject to the law , and the law to the two houses . but i condemn not all , that wear that character . the wise , and honest few of that denomination , who keep themselves within the terms of duty , and the question ; such as can talk of the church , without disturbing the state ; and debate their private opinions , without giving publick scandal : for these , i have much charity , and reverence , and wish as great a tenderness toward them , as they themselves desire . but where i see a bold seditious faction , bidding defiance to the civil magistrate under the churches colours : i find not any thing so sacred in the name of presbyterian , as to protect a turbulent party assuming that appellation . it will be urg'd , that they do as little justifie the seditious , as i condemn the sober presbyterian . but to agree that point , i 'l prove , that the same party , for whom they plead , and against whom i engage , are no less enemies to the king , and people , than to bishops : and , which is more , from their own practises and positions , i 'l make it good . yet one would hardly guess this from their following character . as concerning their main and rooted principles , they admire and magnifie the holy scriptures , and take them for the absolute perfect rule of faith and life , without the supplement of ecclesiastical tradition ; yet they deny not due respect and reverence to venerable antiquity . they assert the study and knowledge of the scriptures , to be the duty and priviledge of all christians , that according to their several capacities , being skilful in the word of righteousness , they may discern between good and evil , and being filled with all goodness , may be able to exhort and admonish one another : yet they acknowledge the necessity of a standing gospel-ministery , and receive the directive authority of the church , not with implicite faith , but the judgment of discretion : they hold the teaching of the spirit necessary , to the saving knowledge of christ : yet they do not hold that the spirit bringeth new revelations , but that he opens the eyes of the understanding to discern what is of old revealed in the written word : they exalt divine ordinances , but debase humane inventions in gods worship , particularly ceremonies properly religious , and of instituted mystical signification : yet they allow the natural expressions of reverence and devotion , as kneeling , and lifting up of the hands and eyes in prayer ; as also of those meer circumstances of decency and order , the omission whereof would make the service of god either undecent , or less decent . as they worship god in the spirit , according to the simplicity of gospel institutions , so they rejoyce in christ jesus , having no confidence in a legal righteousness , but desire to be found in him , who is made unto us rigteousness by gracious imputation : yet withal they affirm constantly , that good works of piety towards god , and of justice and charity towards men , are necessary to salvation . their doctrine bears full conformity with that of the reformed churches , held forth in their publick confessions , and particularly with that of the church of england , in the nine and thirty articles , onely one or two passages peradventure excepted , so far as they may import the asserting of prelacy , and human mystical ceremonies . they insist much on the necessity of regeneration , and therein lay the ground-work for the practise of godliness . they press upon themselves and others the severe exercise , not of a popish , outside , formal , but a spiritual and real mortification , and self-denyal , according to the power of christianity . they are strict observers of the lords day , and constant in family prayer . they abstain from oathes , yea , petty oathes , and the irreverent usage of gods name in common discourse ; and , in a word , they are sober , just , and circumspect in their whole behaviour . such is the temper and constitution of this party , which in its full latitude lies in the middle between those that affect a ceremonial worship , and the heighth of hierarchical government on the one hand , and those that reject an ordained ministery , and setled church-order , and regular vnity on the other hand . observation here is much said , and little proved ; onely a pharisaical story , of what they are not , and what they are ; that they are not as other men are , and their bare word for all . the tale is well enough told to catch the silly vulgar , that look no further then appearances : but to a serious person , how gross , and palpable is the imposture ! in the main points of doctrine they fully agree with the nine and thirty articles : and 't is but peradventure , that they differ , in one or two passages , so far as they may import the asserting of prelacy , and humane mystical ceremonies . ] behold the mighty subject of an holy war ; the goodly idol , to which we have sacrific'd so much christian blood . can any man imagine this the true and conscientious reason of the quarrel ? or that the middle way our presbyter steers , betwixt phanaticism and popery , is the just measure of the case : but hear him on , and he 'l tell ye , the party is numerous as well as godly . vvithin these extensive limits the presbyterian party contains several thousands of learned , godly , orthodox ministers , being diligent and profitable preachers of the word , and exemplary in their conversation ; among whom there are not a few that excel in polimical and practical divinity , also of the judicious , sober , serious part of the people , ( in whose affections his majesty is most concern'd ) they are not the lesser number . by means of a practical ministery , this way , like the leaven in the gospel-parable , hath spread and season'd the more considerate and teachable sort in all parts of the kingdom , and especially in the more civiliz'd places , as cities and towns. observation it had been well our undertaker had put his orthodox , and learned thousands upon the list ▪ for that party is a little given to false musters . how many forg'd petitions and remonstrances ; what out-eries from the press and pulpit , in the name of the people , when yet the forti'th part of them were never privy to their own askings ! of * ninety and seven ministers within the walls of london , fourscore and five were driven from their churches , and houses , at the beginning of our troubles . and notwithstanding the monstrous clamours , which occasion'd the conference at hampton-court in . * arch-bishop spotswood tells us , that [ of above nine thousand ministers , but forty nine appeared upon the roll , that stood out , and were deposed for disconformity . such a noise will a few disturbers cause in any society , where they are tollerated . ] touching his practical ministery ; i 'l grant , the cause is much beholden to the pulpit , and that , without the aid of seditious lectures , i do believe the strife had never come to blood : but yet these preachments did not the whole business . do not we know what craft and violence hath been used to cheat and force the people ; what protestations , covenants , and negative oathes have been imposed , upon pain of imprisonment , banishment , sequestration ? have not all schools , and nurceries of piety and learning , been subjected to the presbyterian mode , and many thousands of godly , and reverend divines , reduced to beg their bread , because they would not covenant : yet all too little to procure either a general kindess , or submission to their principles ? for the reasons afore-going , the infringement of due liberties in these matters , would perpetuate most unhappy controversies in the church from age to age. let the former times come in , and give good evidence . as touching ceremonies , the contest began early , even in king edward's reign , between hooper and other bishops . the consecration of hooper , elect bishop of glocester being stayed , because he refused to wear certain garments used by popish bishops , he obtained letters from the king and from the earl of warwick , to the arch-bishop of canterbury and others , that he might not be burthened with certain rites and ceremonies , and an oath common●y used in the consecration of bishops , which were offensive to his conscience . nevertheless he found but harsh dealing from his fellow-bishops , whereof some were afterwards his fellow-martyrs , and ridley among others , who afterwards thus wrote unto him , when they were both prisoners for the gospel . [ however in time past in certain circumstances and by-matters of religion , your wisdom , and my simplicity ( i grant ) hath a little jarred , each of us following the abundance of his own sense and judgment : now be assured , that even with my whole heart , in the bowels of christ , i love you in the truth , and for the truth's sake which abideth in us . ] some godly martyrs in queen mary's days disliked the ceremonies , and none of them died in the defence of ceremonies , liturgy , and prelacy , in opposition to all other ecclesiastical government and order . it was the protestant verity which they witnessed , and sealed in blood , in opposition to popery ; especially the prodigious opinion of transubstantiation , and the abomination of the romish mass or sacrifice . in the same bloody days , certain english protestants being fled for refuge into germany , and setled at frankford , were divided amongst themselves about the service-book , even with scandalous breach of charity and in the issue , the congregation was sadly broken and dissipated . what is intended by due liberty , might be a doubt , did not the coherence explain it to be a freedom of acting to all intents and purposes at pleasure , ( whether without law , or against it , no matter ) according to such presidents of former times , as our resolver refers unto , and justifies . he tells us , the contest about ceremonies began early ; and so in truth it did : for in the time of king edward , there was a wambling toward the geneva discipline ; but neither very earnest , nor very popular : and that ( so far as i can learn ) procured even by the author of that platform , calvin himself . concerning godly martyrs in queen mary's days ; some suffered that disliked the ceremonies , others , that liked them . that none died in defence of them , is a remarque might have been spared ; for the question was matter of faith , not discipline . the frankford breach indeed was a sad story , but yet , considering the dividers , of no great honor , or authority to our friends purpose . knox and whittingham were the prime ring-leaders in this disorder , who upon some disputes started about the service-book , joyning with others of the consistorian stamp , drew such an extract of it , as they thought fit , and sent it to calvin , requesting his opinion of it . such was the answer they received , as blew the whole congregation into a flame ; from whence arose that scandalous breach ensuing . viz. the english service being established , whitingham , gilby , goodman , with some others , divided , and went to geneva , whence , both by letters and discourses , they tampered the ministers and people of england and scotland into a revolt , encouraging them to set up their new discipline , in despite of all opposers whatsoever . the gospel returning under queen elizabeth , these differences were revived and held up by disputes , writings , and addresses to several parliaments ; and there were great thoughts of heart for these divisions . observation why this is english yet : it is but turning now to queen elizabeth's reign to understand these people , and unriddle the due liberty they plead for . ( but of this , in its proper place ) having drawn down the quarrel from edward the sixth , to the blessed restauration of charls the second , ( whom god protect ) he proceeds to descant upon the present . the greatest part of the ministers named puritans , yielded conformity to those controverted rites and forms , that were by law or canons established , as to things burdensome not desirable , in their nature supposed indifferent , but in their use many ways offensive ; and groaning more and more under the yoke of bondage , ( as they conceived ) they waited for deliverance , and were in the main , of one soul and spirit with the nonconformists . and even then the way called puritanism , did not give , but get ground . but now the tenents of this way are rooted more than ever ; and those things formerly imposed , are no● by many , if not by the most of this way , accounted not onely burdensome , but unlawful . observation but is it so , that matters by law established , in themselves indifferent , and onely burthensome to day , ( rebu●sic stantibus ) may become vnlawful to morrow ? by the same rule , kings may be taken away as well as bishops ; all dignities and powers being alike submitted to a popular level : for if the people shall think fit to say , the magistrate is unlawful , as well as the ceremony , by the same reason he may destroy one with the other ; and virtually he does it . we know , the rites and forms of worshipping , are not of the essence of religion , and the huge bustle about discipline , is onely an appeal to ignorance and tumult . the church must be reformed . by whom ? not by the rabble . what means this application then of so many factious sermons , and libels to the people ? they are not judges of the controversie . but in a cause more capable of force than argument , they do well to negotiate , where clamour , and pretence , weigh more than modesty and reason . if a man asks , by what commission act these zelots ? they answer readily : 't is god's cause , and better obey god than man. he that said , give not credit to every spirit ; i suppose knew as much of gods mind , as our illuminates . is not mistaken , or perverted scripture , the ground of all schism and heresie ? counsels may erre , they say , and cannot presbyterians ? how comes this party to be more infallible than their neighbours ? if they are not , let but all other people of different judgments take the same freedom they do , of out-cries against any thing , under pretext of conscience ; let any man imagine the confusion . for , where every man is his own judge , all men shall dispute , till each particular condemns himself ; so that the strife is endless , and the event restlesness , and confusion . this comes of not submitting to some final , and over-ruling decision . upon this pinch at a dead lift , they fly to their judgment of discretion : which leaves them still at liberty to shape their duty to their profit . they tell us ; they 'l be tryed by the word of god : not heeding , how that is again to be tri'd by them : so that in issue , their private interpretation of the scriptures must pass for the law paramount , to which both king and people are equally , and indispensably subjected . undoubtedly , what god commands , we ought to do , and not to do what he forbids . this , in few words , comprises the duty of reasonable nature , without distinction either of offices or persons . but these inviolable fundamentals apart , the accidents of worship , the modes of doing this or that ; the how , when , where , &c. are left various , and variable , according to the several requiries of manners , times , and places , at the discretion of those rulers whom god sets over us . where we find matters of this middle nature orderly setled , and dispos'd , we are commanded to submit to these humane ordinances for the lords sake ; and not to obtrude upon the word for conscience , such disagreements , as effectually arise from peevishness , or want of due enquiry . but why do i talk to those that stop their ears ? their minds are fix'd in this opinion , after a long time of search and practice , and are not like to be reduc'd to the practice of former times . this is but martin junior revived , who says , that it will be very dangerous to our state , to maintain two contrary factions ; that the magistrates are then bound , even for the quieting of our state , to put down the one ; that those that stand for the discipline , neither can nor will give it over , ( so as they will not be put down ) and that the said magistrates cannot maintain the corruption of our church , namely , arch-bishops and bishops , without the discontentment of their subjects . me-thinks the man of peace grows peremptory . will not this argument from search and practice , absolve them from obedience to the king , as well as to the church ? has not the regal power been scann'd and sifted , as well as the ecclesiastick ? or have their practises been more favourable to his majesty , than to the clergy ? but ( their minds are fix'd , and not to be reduc'd . ) this is to say , that if the law and they cannot agree , they 'l tug for 't , upon this supposition , thus he concludes . that ( in all reason , the imposing of such matters of controversie , as by so many are held unlawful , and by those that have a zeal for them judged indifferent , not necessary , cannot procure the peace of church and kingdom . ) observation i say on the contrary , that the peace of church and kingdom cannot be preserved , where every private and licentious spirit shall dare to question the authority of either . in fine , admit the scruple truly conscientious . it would be well yet , that such as fault the present government , would frame another , that should be liable to no exceptions , before they alter this. if that cannot be done , let us rest here ; for if we are bound to change till all are pleas'd , never must we expect to be at quiet . some consciences will have no magistrates at all ; others will govern those they have , or quarrel with them . to reconcile these two in any end of settlement , is as impossible , as 't is unsafe to put much power into the hands of people , so dangerously principled ; ( but to destroy a government none agree better , and this we speak upon experience . ) from hence to his th . page , i find little but rapture , in commendation of the presbyterians , with now and then a snap at the late prelates , which is beside my purpose . see now his complement to the king. blessed be god for our gracious soveraign , who makes it his care and study to allay distempers , and compose differences by his just and gracious concessions already published concerning ecclesiastical affairs . observation for fear his majesty's concessions should be taken for a pure act of grace , they are epitheted , just , as well as gracious , to lessen the favour , by intimating the duty ; what return gives the presbyterian party for this indulgence ? are they not troublesome as ever both in their writings and contrivements ? that declaration was no sooner publique , but a petition was exhibited from divers ministers in and about london , for more liberty , with some formalities indeed of gratitude for that . how many bold and scandalous invectives since that time , both from the press and pulpit , against the rites of the church , and the episcopal clergy : nay , and against the sacred majesty of that very person , to whose incomparable clemency they owe their heads and fortunes ? one observation here , to shew , that onely severity can work upon this faction ; * the single imprisonment of crofton hath quieted that party more , than all the multiply'd , and transcendent mercies of his majesty . that worthy gentleman , in his epistle dedicatory to the liturgical considerator , tells us , that [ the common-prayer-book hath been expell'd by a lawful authority , ] ( referring to an ordinance of january . . ) if this be not treason , then scot and peters were no traitors . the considerator further assures us , page . [ that very few christians that know the power of godliness , care for medling with the liturgy . ] i hope his majesty may pass for one of those few . a great assertor of his principles is the authour of the covenanters plea , although in some respects more plausibly couch'd ; in others bolder ; treating his majesty with a most unpardonable insolence , and with a suitable regard all his episcopal friends as they fall in his way . i should exceedingly wonder how he scap'd a lash from the last convention , especially dedicating that reverend piece to the commons then assembled , did i not consider , that those very pamphlets , whereof his majesty complains in his declaration , touching ecclesiastical affairs , were by my self , at their first comming forth , delivered to several members of that session , which notwithstanding , they were still sold in the hall ; all the interest i had being too little to get them suppressed . but now return we to our author , who complains , that the presbyterians are loaded with many calumnies ; as , that they are against the interest of civil magistracy , especially of monarchy ; that they are giddy , factious , schismatical , domineering , and what not ? but no such matter he assures us ; for , they yield unto the supreme magistrate a supreme political power in all spiritual matters ; but they do not yield that he is the fountain of spiritual power , there being a spiritual power belonging to the church , if there were no christian magistrate in the world . they assert onely a spiritual power over the conscience , as intrinsecally belonging to the church ; and acknowledge , that no decree nor canon of the church , can be a binding law to the subjects of any kingdom under temporal penalties , till it be ratified by the legislative power of that kingdom . and they do not claim for the convocation , or any other ecclesiastical convention , an independency on parliaments ; if they did , surely the parliament of england would resent such a claim . neither are they antimonarchical . did the english or scotish presbyters ever go about to dissolve monarchy , and to erect some other kind of government ? in no wise : for in the solemn league and covenant , they bound themselves to endeavour the preservation of the king's person and authority , and declared they had no intent to diminish his majesty's just power and greatness . observation how far their principles comport with the interest of civil magistracy or monarchy , shall have a place by it self : yet i might very well content my self with what arises from his own words , as they lie here before us ; to prove what he denies ; for in the same breath he both starts the question and resolves it . did not the english and scotch presbyters go about to dissolve monarchy ? what is the analysis of monarchy , but a government by a single person ? ( and , as i take it , the injur'd father of our present soveraign was that person , to whom of right the regal dignity belonged . ) did not these presbyters he talks of , place the supreme power in the two houses , and under their commission , seize the king's towns , and forts ; levy arms ; tax the people ; plunder , and kill their fellow-subjects ; impose oathes ; share his majesty's revenues ; persue , and jewishly sell and betray his sacred person ? if to do all this , not onely without , but expresly against the king's commission , be not to go about to dissolve monarchy , i know not what is . or if the gentleman had rather dispute the royal prerogative , than confess his own mistake in this particular , we 'l look a little that way too : but i doubt the prospect will be none of the pleasantest . upon the trial of cook and peters , this was delivered for law. see the narrative , page and . it is the law of this nation , that no one house , nor both houses of parliament , have any coercive power over the king : — that the imprisoning of the king is treason . and a little further , thus , the king of england is one of those princes who hath an imperial crown : what 's that ? it is not to do what he will ; no , but it is , that he shall not be punished in his own person , if he doth that which is in it selfe unlawful . this is a short and clear decision of the case : nor will it serve the good man's turn to argue their integrity , from what they were bound to by their covenant and declarations . it matters not what they profess'd , but what they did. if this be all they have to say ; some heads are now upon the city-gates that said as much . what was the covenant , but a popular sacrament of religious disobedience , a mark of discrimination , who were against the king , and who were for him ? and this the marquis of montross soon found , who being at first unwarily engaged in it , with the kirk-party , quickly perceived his error , and retired ; living and dying the honor of his nation , and of the royal cause . mark this , * his loyalty was charged upon him at his death , for breach of covenant . the presbyterian casuists would fain perswade the nation , to think themselves obliged by that engagement . who vnderstands it first ? ( and certainly we cannot be bound to do we know not what ) next , 't is impossible either to keep , or break it : 't is made up of so many contradictions . but once for all ; there is a nullity in the institution . no man can oblige himself in things wherein he is subject , without leave from his superior . and again ; the oath of one who is under the power of another , without the others consent , is neither lawful nor obligatory . thus the reverend , and learned bishop sanderson . now to my presbyterian again . after the violent change of government , they came slowest , and entred latest into those new engagements imposed by the vsurped powers , and some utterly refused , even to the forfeiture of their preferments , and the hazzard of their livelyhoods , when the nation in general submitted to the yoke ; and many of those who thus object against them , did in temporizing run with the foremost . the truth is , the generality of conscientious presbyterians never ran with the current of those times . some more eminent among them , ministers and others , hazzarded their lives , and others lost their lives , in combining to bring our soveraign that now is to the rightful possession of this his kingdom . and those in scotland adventured no more then all to uphold him ; and when he lost the day , they lost their liberty ; and when he fell , it was said by the adversary , presbytery was fallen . where i must either leave the story foul on the kings side , or prove it so on the other , my choice is pardonable : but otherwise i shall be very tender of engaging the honest presbyterians , with the guilty . that many of them lov'd his majesty , and suffer'd for him , i will not question ; and that they all submitted most unwillingly , to that violent change here mention'd , i do as little doubt . but i must needs say , the action had been nobler , and the loyalty much clearer , had they consulted the kings security , before they lost their own . this does not yet oblige me to the same charity for the scotish party ; who first , during a treaty with his majesty , basely and brutishly murthered montrose , and after that , treated the king himself , liker a prisoner , than a prince . he urges , that [ the presbyterians first divided , and then dissipated the sectarian party , and so made way for his majesties return in peace . ] lambert , and his nine worthies did as much . i do believe him too , [ that the sense of the covenant quickned many men's consciences in their allegiance to the king. ] so did the cock-crowing mind st. peter of the denial of his master . but he went out , and wept bitterly ; so does not every body . alas , alas , the saints have no faults ; what should they weep for ? it may be peradventure said , the presbyterians would enervate monarchy ; but surely ( says our discourser ) i cannot find the rise of this objection , unless from hence , that they were not willing to come under any yoke , but that of the law of the realm , or to pay arbitrary taxes , levied without consent of parliament . observation from hence these two deductions ; first , that the subjects free from that which binds the king , namely , the yoke of law. suppose he breaks that law , by what law can we question him ? at best , 't is but to punish one transgression by another . the second hint is dis-ingenuous : as if arbitrary taxes had been the subject of the difference . all the world knows , before a blow was strook , the king had stript himself to his honour , and his conscience , to gratifie his people . but 't was the government they aim'd at , and that they fought for . here is yet another gentle slip : what are taxes to presbytery ? but this is a devil that will hardly be kept within his circle . just so in their practices do they reduce all civil actions , under the cognizance of their courts of conscience , as he brings here by head and shoulders , arbitrary taxes to matter of religion . i confess ( says he ) there are none that more reverence their liberties , and value the native-happiness of the free-born subjects of england . and verily their true knowledge and sense of the nature of christian religion , makes a due freedom exceeding precious : for this religion is not variable , according to the will of man , but grounded upon an unchangeable and eternal truth , and doth indispensably bind every soul , high and low , to one divine law and rule , perpetual and unalterable . and therefore doth strongly plead the expedience of a due civil liberty on the behalf of its professors ; yet such a liberty as will not enfeeble monarchy , nor the legal power of the kings of england . observation truly i think i have not seen words so well put together , that signifie so little . because religion is not variable , but grounded upon an unchangeable and eternal truth , &c. — therefore the professors of it must have a due civil liberty , &c. is not a due liberty , due to all people ? again , what is civil liberty to matter of salvation ? and yet again . why should the presbyterians challenge that liberty to themselves , which they refuse to others , upon the very same plea : and not rather submit their discipline to the law , then stoop the law to their discipline ? there is a liberty which is a cloak for maliciousness : and i am afraid , theirs and that are much a-kinn . one thing is very notable ; they never state what they would have , their terms are general , and indefinite , hard to be understood , because they are resolv'd not to be satisfi'd . a due freedom , a due civil liberty , the legal power ; — what means all this , but any thing they shall be pleased to make of it ? a king ruling a free people , hath a power much more noble and more free , than he that ruleth over perfect vassals , that have no propriety . the power is more noble , because it hath a more noble subject of government ; it is more honorable to rule men than beasts , and freemen than slaves . likewise the power is more free : for whatsoever prince hath not his power limited by his people's legal freedom , he will be bound up some other way , either by the potency of subordinate princes and great lords within the realm , or by a veterane army , as the turkish emperor by his janizaries , and the roman caesars by the pretorian bands and the legions . vpon which account , to be a powerful monarch over a free people , is the freedome and glory of our soveraign lord , above all the potentates on earth . observation a king ruling a free people , is a kind of presbyterianism , and sounds better in the mouth of a lawyer , than of a divine . the correlate to rule , is subjection : nor will their title to a propriety , yet justifie the common usage of the term. 't is of a dangerous intimation , and seems to give the people more than comes to their share . ( i speak with reverence to the benignity of our english laws , and the indubitable right which every subject hath to the benefits thereof . ) that it is more honorable to rule free-men than slaves , is but a complement for i can make those slaves , free , when i please , whereas the other way of my power 's confin'd ; that is , in equity , a prince is bound to observe the law , as his own act : and if he fails , the people may compel him to it , if they can shew a law for 't . to end this point ; what prince soever shall suffer every bubling brain to controvert the bounds of king and subject ; the royal authority , and the peoples freedom ; that prince , i say , runs a great hazzard of his soveraignty . the very moving of the question , is to prophane the sacredness of majesty ; and by degrees begets irreverend and sawcy habits in the people . but rebellion ( he tells us ) and disobedience , is the loud out-cry of some against this party . and this were a crying sin indeed . but let not sober minds be hurried into prejudice by such exclamations and out-cries . it were to be wished , for common peace and amity , that the late publick discords were eternally forgotten . but seeing some in these times of expected reconciliation , will not cease to implead and condemn the honest minded , and render them odious to the higher powers , a necessity is laid upon us to speak something apologetical , at least to mitigate the business , and remove prejudice . observation sure this loud out-cry of rebellion aad disobedience , comes from within himself ; for truly i have a little watch'd the press , and since his majesty's return , ( nay , a good while before ) upon my conscience i have not met with one syllable of bitterness against that party , but defensive : yet i dare undertake to produce forty presbyterian pamplets , and discourses , of fresh date , exceeding foul against the king , and his adherents . it really makes me blush and tremble , to consider how great a mercy they abuse , how sad a vengeance they provoke . had but these people the least spark of natural affection and remorse , the venerable ruines of a glorious chuch and state would work upon them ; or now and then a thought how matters stand betwixt god and their souls : but their great care of others make them neglect themselves , and become true anathemaes for a pretended publick good . however they do well to cry whore first ; and call that a necessitated apology , which seems to me a palpable and causeless slander . we have heard much and often of the presbyterians loyalty and religion ; we 'l look a little now into their law , which very fairly gives us to understand , that the vnbishopping of timothy and titus , will not do their trick . they are at work already upon the two main props of royalty ; the king 's negative voice , and the power of the sword. a blessed age the while , when the pulpit shall pretend to dispose of the crown ; kerve out the government ; and every scribling priest vent his seditious and crude politiques to the people . but now it works . the presbyterian party in england never engaged under a less authority than that of both houses of parliament . i have read , that the parliament of england hath several capacities , and among the rest , these two ; first , that it represents the people as subjects , and so it can do nothing but manifest their grievances , and petition for relief . secondly , that by the constitution it hath part in the soveraignty , and so it hath part in the legislative power , and in the final judgment . now when as a part of the legislative power resides in the two houses , as also a power to redress grievances , and to call into question all ministers of state and justice , and all subjects of whatsoever degree in case of delinquency , it might be thought , that a part of the supreme power doth reside in them , though they have not the honorary title . observation me-thinks we should do well to leave calling the two houses , the parliament of england , having already paid so dear for that mistake . concerning the power of the parliament of england . 't is beyond doubt , onely inferiour to the fountain of all power , even god himself . but then an agreement is imply'd ; neither king , lords , nor commons , nor any two of them , can pretend to a parliamentary authority , without the third . this is not to suppose co-ordination neither . the two houses are still subjects : their office being onely consultive , or preparatory ▪ the character of power rests in the final sanction , and that 's the king's : so that effectually , the passing of a bill , is but the granting of a request . so much for parliaments , in propriety of speaking . now to the power of the two houses , by my antagonist mis-call'd , the parliament of england , upon which bottom stands the presbyterian fabrick . he tell us , they act in two capacities . as subjects , or petitioners , first : and then , as sharers of the soveraignty : as if he said , they are sent to ask what they list , and take what they please . the petitioning capacity is not for the presbyterians purpose ; wherefore he waves that , and sticks to the other . what their power is , will best appear from the king 's writ of summons , which both commands and limits them , pro quibusdam arduis , & urgentibus negotiis , &c. — ordinavimus , &c. — he states it otherwise , and places a part of the legislative power in the two houses , which is not doctor-like . for the legislative power is totally the king 's . they do but make the bill , he makes the law ; 't is the stamp , not the matter , makes it current . nor do i comprehend what he can mean by part of the legislative power : to my thinking , he might as well have said , part of an indivisible point . this will come to a pretty fraction , two thirds of a parliament , shall make two thirds of a law. is it not enough that the king can do nothing without the two houses , unless they may do every thing without the king ? grant this , and of all people living we are the greatest slaves , as of all constitutions ours is the most ridiculous . touching the power of the two houses , to redress grievances , and question all ministers of state and justice , ] the power they have is either from prescription or commission . to the former , i think , few will pretend ; and to the latter , none . never was the house of commons , at any hand reputed a court of justice . they cannot give an oath , impose a fine : not indeed exercise any empire but over their own members . 't is true , the lords house hath in some cases a right of judicature ; but claiming by prescription , they are likewise limited by custom . further , both houses are no court of judicature , and ( with due reverence to his majesty ) the king himself in parliament , joyn'd with the three estates , claim not a right of judication , but very rarely , and with great tenderness . it is the proper business of a parliament to make laws , alter , or repeal them , not to interpret them , unless in matters of very great importance . that 's left to the judges ; and to determine of their validity . for acts of parliament , either repugnant in themselves , or of impossible supposition , or against common right , are deem'd not binding . the common , and most specious shift of all the rest , is , that the government of this nation is in king , lords , and commons . this must be swallowed with great wariness , or 't will choak half the nation . by the king , architectonicè ; and by the other two , organicè , ( as walker distinguishes it ) the king , as the architect ; and the two houses , as his instruments . if there were neither practice , law , nor interest in the case , me-thinks the very odds of honor in the deputation , should be enough to carry it . the king is god's representative , they are but the peoples . say i should now admit them all they challenge , ( as delegated by the people ) so tickle is the point yet , that if any one single person of the number , should be illegally debarr'd the freedom of his vote ; that nicety avoids , and nulls the whole proceeding . i can hardly think any thing clearer , than the error of placing part of the supreme power in the two houses . it implies a contradiction : a part of a thing ( with leave ) impartible . ( but drowning men will catch at straws ) however , i perceive , that his majesty's best friends , and the church's ( as they style themselves ) are resolved to serve both king and bishops alike . that is ; just as the bishop is to rule in consociation with his presbyters , so shall his majesty with his fellow-princes , the presbyterian members . it cannot but exceedingly dispose the king , to grant these people all due liberty , that will give him so much . crowns are but troublesome ; and government sits heavy upon the shoulders of a single person ; they 'l ease him of that care and weight : and for the honor of their prince , and their country's good , divide the glorious load among themselves . this being past , ( which heaven avert ) we may ( says the late king ) be waited on bare-headed , we may have our hand kiss'd , the style of majesty continued to us , and the king's authority , declared by both houses of parliament , may be still the style of your commands ; we may have swords and maces carried before us , and please our self with sight of a crown and scepter . ] — but soft , the man relents , and tells us , ( though the law says , the king can do no wrong ) [ that this part of the supreme power , is indeed capable of doing wrong , yet how it might be guilty of rebellion , is more difficult to conceive . ] observation put case the two houses should take up arms against the king , because he will not banish the one half of his friends , and hang up the rest : would not that be rebellion ? i could start twenty suppo●itions more ; but i 'll stop here , and the rather , because our author professes , that [ in this high and tender point , it belongs not to him to determine . ] yet he goes on , and certainly believes , that the world is divided into fools and presbyterians : he would not otherwise have thrust upon us so gross a juggle , as that which i am now about to examine . touching the much debated point of resisting the higher powers , without passing any judgment in the great case of england , i shall onely make rehearsal of the words of grotius , a man of renown , and known to be neither anti-monarchical , nor anti-prelatical , which are found in his book , de jure belli & pacis , by himself dedicated to the french king. ( si rex partem habeat summi imperii , partem alteram populus aut senatus , regi in partem non suam involanti , vis justa opponi poterit , quia eatenus imperium non habet . quod locum habere censeo , etiamfi dictum sit , belli potestatem penes regem fore . id enim de bello externo intelligendum est , cum alioqui quisquis imperii summi partem habeat , non possit non jus habere eam partem tuendi . ) lib. . c. . s. . observation here we find grotius cited , to justifie , that the lords and commons may make war against the king , to defend their title to the supreme power . ( pythagoras his opinion concerning wild-foul , had been as much to the purpose ) for the english reader 's sake i 'l turn it ; and in this point desire a more than ordinary attention . where the supremacy is in the king , in some cases ; in others , in the people , or senate . that king invading the others right , may be lawfully resisted ; for his power reaches not so far . and this i think will stand good , although i have already placed the right of making war , in the king ; for that must be understood of a forreign war : since whosoever hath a part of the supreme power , hath consequently a right of maintaining such part as he hath . ] there is one line yet remaining , which our author hath very prudently kept for a reserve , till the presbyterians shall have gotten the better of the king. quod ubi fit , potest rex etiam suam imperii partem belli jure amittere ; that is , where thus it happens , the king's encroachment upon the peoples right , may fairly amount to a forfeiture of his own . is it not pity that people of these milde , and complying principles , should be charg'd with disobedience ? if this be the case of england , the question is no longer , the presbyterians liberty , but the king's title to his crown . that chapter of grotius , whence he takes his quotation , treats de bello subitorum , in superiores ; where , and where not , subjects may take up arms against their superiors . this learned man , among other cases , tells us , in this they may , and the reason is evident ; : for where the soveraignty is thus dispos'd ; half to the king , half to the people , that prince is but a subject to some purposes , a king to others . so that in any point of soveraignty , formally vested in the people ; he is not their superior , but they his . how finely he hath match'd the case of england , where kings have no restraint , but what they put upon themselves , for the laws are their proper acts ! but mark the process of his reasonings : and how ( in his own phrase ) he feels his way step by step . the presbyterians were ever in the right ; he says . why , if he would be quiet , who says the contrary ? but then the king was in the wrong . to bring the case up to grotius his determination : we must admit first , that by the constitution of england , the soveraignty is shared betwixt the king and the two houses : and next , that the late king did actually invade the popular prerogative : from whence arises the lawfulness of resistance ; and after that , potest rex etiam suam imperii partem belli jure amittere . they have at last the same right to the crown , they had at first to the quarrel . he that peruses the first eight sections of the fore-mentioned chapter , will find grotius no favourer of his opinions that quotes him . be the prince what he will , he tells us , summum imperium tenentibus resisti jure non posse . bodin yet more expresly , that england and scotland are absolute monarchies : that the supreme power is onely in the king ; ( iura majestatis , ac imper●i summam , in unius prinoipis arbitria versari . further , in senatu nullum est imperium ; nor onely so , but whoever urges the contrary , meditates a commotion , isti qui imperium senatui tribuunt , reipublicae interitum , ac status eversionem moliuntur . as to the point of loyalty now in question , the subversion of the fundamental government of this kingdom could not be effected , till those members of parliament that were presbyterian , were many of them imprisoned , others forcibly secluded by the violence of the army , and the rest thereupon withdrew from the house of commons . observation then it seems till that violence by the army , upon the presbyterians , there was none acted by the presbyterians upon the king. to seize his towns and magazines ; hunt , and assault his royal person ; part his revenues ; hang up his friends : all this is justifi'd , in case his majesty refuses to be rul'd by his two houses . alas , the fundamental government was safe , ( i warrant ye ) so long as the rights of soveraignty were exercis'd , first by the assembly in scotland , and then by a pack'd party , in a close committee : and the presbyterians never the less honest men for selling the king first ; then voting him a prisoner ; and after that , for pinching him even upon the very point of presbytery . surely they are much to blame that charge these innocents with disloyalty . if the presbyterian members had not been forced , ( they say ) all had been well . truly it may be so ; yet if i mistake not , there was a time when the episcopal members were forced too ; and had that violence been spared , it had never come to this. but i suppose , the city-tumults against bishops : the outcries of the rabble at white-hall : the multitudes that baul'd for reformation : posting up such and such for straffordians , as honestly opposed the torrent of the people . this in the vvell-affected , passes for christian liberty . but our author follows his opinion with a proof . for they ( says he , meaning the presbyterians ) had voted the king's concessions a ground sufficient for the houses to proceed to settle the nation , and were willing to cast , whatever they contended for , upon a legal security . observation waving their former vote of non-addresses , and that foul declaration of their reasons for it : we will in charity believe , they were over-aw'd , and that it was extorted by the army . but what excuse for the matter of the propositions ? that they were actuated by a presbyterian spirit , appears in this , that they demanded a settlement of a presbyterian government . it remains now onely from hence , to gather the fair equivalence , of this gentleman's doctrine , and to discover what 't is the presbyterian faction calls a legal security . they hold , that if the king of england will not comply with the two houses , the people may chase , sequester , and imprison him : and when they have him in distress , they may without disloyalty press him to these , or the like conditions for his liberty . . by a publick act to justifie that violence , and condemn himself . ly . to renounce and abolish episcopacy , although bound by oath and judgment to defend it . ly . to transfer the right of levying men and monies , to the two houses ; by them to be raised and disposed of at pleasure , without rendring any accompt to his majesty . ly . to deliver up the lives , liberties , and fortunes of all that served him , to the mercy of that party . ly . to grant , that all offices of trust may be disposed of by the appointment of both houses . this is a short , and modest accompt of presbyterian loyalty , the due liberty they contend for : which being setled upon a legal security , with such further concessions , as their modesty shall vouchsafe to require , puts an end to the dispute . his late majesty observes ( upon uxbridge - treaty ) that it was a grand maxim with them , always to ask something , which in reason and honor must be denyed , that they might have some colour to refuse all that was in other things granted . ] and so we find it . but what 's the reason of this peevishness ? is there any thing in the nature of prelacy that frames the mind to obedience and loyalty ? or is there any thing in presbytery , that inclines to rebellion and disobedience ? observation truly i think there is . prelacy holds a better proportion in the scale of order , as a more regular subordination of duties and relations . nature and providence do not move by leaps , but by insensible and soft degrees , which give stability and beauty to the universe . is not the world compos'd of disagreements , hot and cold , heavy and light ? — and yet we see those oppositions are by the means of middle , and conciliating mixtures wrought into a compliance ? 't is the same case in subject and superior : higher and lower , betwixt top and bottom , are but as several links of one providential chain , where every individual , by vertue of this mutual dependency , contributes to the peace and benefit of the whole . some are below me ; and this sweetens the thought that i am below others : by which libration are prevented those distempers which arise either from the affectation of more power , or the shame of having none at all . as these degrees of mean and noble , are beyond doubt of absolute necessity to political concord ; so possibly the closer the remove , the better yet , as to the point of social expedience ; provided , that the distances be such as to avoid confusion , and preserve distinct offices , and powers from enterfering . nor is this gradual method onely suited to humane interest , as being most accommodate to publick quiet , and to defend the sacredness of majesty from popular distempers : but 't is the very rule which god himself imposes upon the whole creation : making of the same lump , one vessel to honor , and another to dishonor . subjecting by the law of his own will , this to that : that to what 's next above it : both to a further power , all to himself . and here we rest : as at the fountain of authority . from god , kings reign ; they appoint their substitutes , and so on to inferior delegations ; all powers derive from a divine original . this orderly gradation , which we find in prelacy , must needs beget a reverence to authority ; the hierarchy it self depending upon a principle of obedience ; whereas our utopian presbytery advances it self upon a level of confusion . it is a kind of negative faction , united to dissolve a laudable and setled frame of government , that they may afterward set up they know not what . we may have learn'd thus much from late and sad experience . let him that would know more of it , read the survey of pretended holy discipline . i think it would be hard to shew one eminent presbyterian , that stickles not for an aristocracy in the state , as well as in the church : and he that said , no bishop , no king , gave a shrewd judgment ; not as implying a princes absolute dependance upon bishops , but in effect the king's authority is wounded through the church ; the reformation of what is amiss , belonging to the ruler , not to the people . i do not yet condemn all presbyters , nor justifie all prelates . we are told , that in antient times , and for a series of many ages , the kings of england have had tedious conflicts with prelates , in their dominions . ] 't is right , and the same cause is now espoused by our more than ordinary papal presbyterians ; to wit , ecclesiastical jurisdiction over the civil power . but we are further question'd . if presbytery and rebellion be connatural , how comes it to pass , that those states or kingdoms where it hath been established or tollerated , have for any time been free from broils and commotions . observation it is as true , that those places have been quietest , where presbytery hath gain'd footing , as 't is , that presbyterians have never disclaimed or abandoned their lawful prince : that they have never ceased to solicite , and supplicate his regards and favours , even when their power hath been at the highest , and his sunk lowest . this is something which in good manners wants a name . how far the presbyterians have abandon'd their prince , i shall not press , but rather refer the reader to examine how far , and in what manner they have solicited him . ( cujus contrarium . ) his late majesty , after forty messages for peace , and a personal treaty , finding himself most barbarously laid aside ; in a declaration from carisbrook castle , dated janu. . . expostulates the matter in these termes . now would i know , what it is that is desired : is it peace ? i have shewed the way ( being both willing and desirous to perform my part in it ) which is , a just compliance with all chief interests . is it plenty and happiness ? they are the inseparable effects of peace . is it security ? i , who wish that all men would forgive and forget like me , have offered the militia for my time . is it liberty of conscience ? he who wants it , is most ready to give it . is it the right administration of justice ? officers of trust are committed to the choice of my two houses of parliament . is it frequent parliaments ? i have legally , fully concurr'd therewith . is it the arriers of the army ? upon settlement , they will certainly be paid , with much ease ; but before , there will be found much difficulty , if not impossibility in it . thus all the world cannot but see my real , and unwearied endeavours for peace , the which ( by the grace of god ) i shall neither repent me of , nor ever be slackned in : notwithstanding my past , present , or future sufferings . but , if i may not be heard , let every one judge , who it is that obstructs , the good i would do , or might do . where the right lies , a presbyterian may better determine , than a royallist question . — magno se judice quisque tuetur . here 's the testimony of a pedant , in ballance against the authority of a prince . he tells us by and by , that prophaneness , intemperance , revellings , out-rages , and filthy lewdness were not at any time in the memory of the present age , held under more . restraint , than in the late distracted times , by means of a practical ministery . observation these generals spell nothing , and to name particulars were not so candid ; i could else make up scot and peters , at least a score , even out of the select tribe of the reformers , ( and these i think are not as yet canoniz'd for saints . ) 't is no prophaneness ( is it ? ) to play the hocus pocus in a pulpit , with rings and bodkins ; to talk treason by inspiration ; and entitle the holy ghost to murther and rebellion . to appoint mock-fasts , and thank god for victories he never gave them . to swear for , and against the king , in the same breath . to convert churches into stables , and for fear of superstition to commit sacrilege . nor is it out-rage sure , or intemperance to seize the patrimony of the church , the king's revenues ; pillage and kill their fellow-subjects . to set up ordinances against setled laws , and subject the ten commandements to the superior vote of a committee . to justifie tumults against authority , and suffer the most damnable heresies to scape without reproof . but what if there were disorders ; by whom were they caused ? it is most unreasonable to object , that the late wild postures , extravagancies , and incongruities in government , were the works of presbytery , or presbyterians . the nation had never proof of presbytery , for it was never setled , but rather decry'd , and expos'd to prejudice by those that were in sway , and that in the more early times of the late wars . observation i must confess indeed , that presbytery was never setled , nor ever likely to be , so much did the whole nation stomach it ; but yet how this agrees with his former reasoning , pag. . i do not understand . there he pretends , that by * long practise mens minds are fix'd in this opinion : and that the party is numerous . here he contents himself to acknowledge , that the presbyterians lost their power early , and that they never recovered it since . this will not serve his turn , to acquit the faction ( so denominated ) of our late miseries . our soveraign ( of blessed memory ) brings the contest down , to his surprisal at holmby , and the distractions in the two houses , the army , and the city , ensuing upon it . these ( says that excellent prince ) are but the struglings of those twins , which lately one womb enclosed , the younger striving to prevail against the elder . * what the presbyterians have hunted after , the independents now seek to catch for themselves . ] in fine ; one finish'd what the other began ; for the king died at last , but of those wounds which he at first received in his authority . his majesty , upon his leaving oxford , and going to the scots , clears this yet further : where he calls it , adventuring upon their loyalty , who first began his troubles . the truth of this matter ( says he ) is cleared by a passage of our late soveraign , in a let-to his majesty that now is . [ all the lesser factions were at first officious servants to presbytery their great master , till time and military success discovering to each other their particular advantages , invited them to part stakes , and leaving the joynt stock of uniform religion , pretended each to drive for their party the trade of profits and preferments , to the breaking and undoing not onely of the church and state , but of presbytery it self . — ( it follows ) which seem'd and hop'd at first to have engross'd all . observation the last line is as true as any of the rest ; but all truths are not to be spoken . indeed this slip is somewhat with the grossest . not to trouble my self with their formal fopperies , of deacons , elders , and their parish-meetings ; those are but popular amusements : we 'll pass to what 's more pertinent , and see how he acquits his friends of joyning with the independents . the truth is , sectarianism grew up in a mystery of iniquity and state-policy , and it was not well discerned , till it became almost triumphant by military successes . observation 't is a strange thing the presbyterians should not see what they themselves contrived ; what all others took notice of ; and what the late king offered to prove , [ in his declaration of august the th . ] the insolence of sectaries being not onely wink'd at , but publickly avow'd ; and the law thwarted to protect them . see what one says ( no stranger to their practises ) to prove , and evidence the combination . the leading-men , or grandees , first divided themselves into two factions or juncto's , presbyterians and independents : seeming to look onely at the church , but they involv'd the interests of the common-wealth . — these having seemingly divided themselves , and having really divided the houses , and captivated their respective parties judgments . — teaching them by an implicite faith , jurare in verba magistri , to pin their opinions upon their sleeves : they begin to advance their projects of monopolizing the profits , preferments , and power of the kingdom in themselves . to which purpose , though the leaders of each party seem to maintain a hot opposition , yet when any profit or preferment is to be reach'd at , it is observ'd , that a powerful independent especially , moves for a leading presbyterian , or a leading presbyterian for an independent : and seldom doth one oppose or speak against another , in such cases , unless somewhat of particular spleene or competition come between : which causeth them to break the common-rule . by this means , the grandees of each faction , seldom miss their mark , since an independent moving for a presbyterian , his reputation carries the business clear with the independent party : and the presbyterians will not oppose a leading man of their own side . i find we are not like to agree , for these people cannot see their own faults , nor we their virtues . i would take a good journey to meet any man stiff in that way , that would but confess he was ever in any error . of all the prejudices and scandals taken against this way , there is none greater than this , that it is represented as tyrannical and domineering , and that those who live under it , must ( like issachar ) crouch under the burdens . we do indeed account the presbyterian discipline very tyrannical , and by and by we 'l give our reasons for it . not because this discipline censures scandalous disorders ] ( as he insinuates ) but for that it subjects all civil matters to a consistorian cognisance , and rapt by an impulse of passion , calls many things scandalous , which measured by the rule of piety and reason , are found praise-worthy , and of laudable example . the usage of the common-prayer book is to them , scandalous , though setled by the law : but to eject a minister for reading it , though both without law , and against it , that , they esteem no scandal ; we , the contrary . i have now brought the gentleman to his first stage , where i might very fairly leave him , for having already done my business ; what i do more , is but for company . so far as i can judge , i have not scap'd one syllable material to his purpose : nor have i either broken his periods , or unlink'd his reasonings , to puzzle , or avoid his meaning . how fairly i have dealt with what i have expos'd : whether in matter of fact , deduction , or good manners , ( the subject of the difference duely weighed ) that i submit to the reader , and where the reason lies betwixt us . i have indeed omitted a great part of the debate , as not at all related to my design , nor ( to speak freely ) much to the point in question . his frequent and rhetorical raptures , extolling to the heavens , the wisdom and sanctity of the presbyterians ; ( but above all , the legions of the saints ) what does this florid vanity ●ignifie more than the putting of his own name to a fair picture , when yet , for ought he proves , and for ought we discern , there 's not one line betwixt them of agreement . the contrary course he takes with the prelatick party . they ( forsooth ) are not so and so : and from his generals , there he is pleased to enter into prohibited particulars , taxing in special manner the excesses of some of our late prelates : but without any instances of good in the other party , which does but spitefully and weakly imply , that bishops have more faults , than presbyterians have virtues . it will not be now expected , that we that differ in the premises , should agree in the conclusion . but for that we 'll take our fortunes . vpen the whole matter aforegoing , we firmly build this position : that the presbyterian party ought not in justice or reason of state , to be rejected and depressed , but ought to be protected and encouraged . ( this is but one doctor 's opinion ; we think otherwise . ) nevertheless ( says he ) there being a seeming complication in this business , and an other ample party appearing in competition , a difficulty remains , and the matter falls into a further deliberation . and thereupon we are fallen upon the second main enquiry . ii. quest. whether the presbyterian party may be protected and encouraged , and the episcopal not deserted nor disobliged . observation 't is a particular grace , that the bishops party may yet be admitted into the competition , and that the man of the short robe will vouchsafe to enquire into the consistence of episcopacy and presbytery : yet it was boldly ventur'd to determine what ought to be done before he had examin'd , whether the thing was fesible or no. i shall not spend my time to controvert idea's , and wrangle about governments in the air : we are for plain and practicable contrivements , such as authority , good order , and long experience have recommended to us . i suppose the agreeing of both parties in such middle terms as he proposes , a thing not utterly impossible . many things may be fair enough in notion , yet of exceeding hazzard to be put in practice ; especially 't is dangerous to try tricks with politick constitutions . great alterations are scarce safe , even where they are lawful , and wrought with good intention : much less are those so , which are promoted by a disorderly , and popular earnestness , and with seditious meaning . for this i dare lay down as a position : never did any private party band against a publick settlement , with an intent to mend it . but what have we to do with the imaginary coalition of the two church-parties ; when the kirk-discipline affronts the civil sanction , and actually invades the kings authority ? let them first bring their principles to their duties , treating like subjects , and submitting as christians . can any man believe those people friends to the church , that are enemies to the state ▪ or that the god of order can be pleased with the promoters of confusion ? were there no other reason to deny the thing they ask , than their bare manner of asking ; it ought not to be granted . what signifies their talk of number , power , resolution , but a false muster of the faction , to make a party with the rabble ? when yet , god knows , they 're inconsiderable : let every man but over-look his neighbour , and count , he 'l find the disproportion . undoubtedly the most insufferable of all their arguments is that of danger ; there 's but one step between that word and violence . first , it implies a seditious complication . they move for such as they believe will tumult : if not , where lies the hazzard ? besides , those subjects that dare tell their prince , 't is dangerous to deny their askings , do by that insolence render his concessions much more hazzardous . persons of that audacious temper , will hardly make a sober use of an extorted bounty . so far as presbyterian , and episcopal , purely refer to the church , i shall not much concern my self in our resolvers second main enquiry : ( equal to all the world is the incomparable hooker , upon that subject ) but where these terms are in a greater latitude , applyed to civil matters , i shall be bold to pass some further observations . the dissenting side oppose not all liturgy , but desire that the present onm may be changd , or reformed . observation that 's but a modest motion . but now suppose his majesty , the law , and forty for one of the nation , should desire the continuance of it as it is : what equity have the dissenters to the change ; or what would be the benefit if granted ? not the tenth part even of the presbyterians , would be contented with it . some of them are against all set-forms of common-prayer whatever ; others ( more moderate forsooth ) do not oppose a prescript form , so it be not enjoyn'd . a third sort , will vouchsafe to permit the english liturgy , provided they may have the purgeing of it themselves . and when all 's done , the sectaries may claim as much right to abolish that , as they to alter this. and now for ceremonies . they oppose not any circumstance of decency and order , but desire , that mystical ceremonies of humane institution , may be abolished or not enjoyned . first , the dissenters are not the judges of decency and order ; and for mystical ceremonies of humane institution ; ( as scaliger says of the sepia ) caliginem effundit , & evadit ; he troubles the water , and escapes in the dark . multiformity in religion ( says our reconciler , pleading for accommodation ) publickly profess'd , doth not well comport with the spirit of this nation , which is free , eager , jealous , apt to animosities and jealousies , besides that it hath ever had a strong propension to vniformity . observation had this fallen from a common pen , i could have better born the disproportion of his character of the english temper , — free , eager , jealous , and yet propense to vniforformity . this seems to me a mixture incompossible . but the good man means well , and writes so , when he lists . his drift is , to perswade us , that to comply with the presbytery , is to comport with the spirit of this nation : which being free and eager , seems to cry , beware . how blessedly would these free-spirited worthies order their subjects , if they were once in power , that thus presume from their own level , to menace and control authority . if toleration might compose the difference , there were some hope ; but that , alas , is more than they can afford the government , and much less will they accept it for themselves . the temper of this kingdom ( says he ) does not well accord with extremes on either hand ; ] and to see the fortune of it , the presbyterians are just in the middle . toleration being not the daughter of amity , but of enmity , ( at least ) in some degree supposeth the party tolerated to be a burden , especially if conceived dangerous to the way established , and commonly holds no longer than meer necessity compels ; and consequently neither party take themselves to be safe , the one always fearing to lose its authority , and the other its liberty . observation behold a learned expostulation , and a dutiful . [ where the party toelrated appears dangerous to the way established : the one fears to lose its authority , and the other its liberty . ] there 's no great depth in the discovery , that from an opinion of mutual danger , arises mutual jealousie . but what 's this case to the subject of our debate ? by toleration is not meant an imprudential yielding to an untractable , and churlish faction : but a discreet and pious application of tenderness toward such as by their fair comportment in the main of order , and good manners , appear to merit it . true it is , god himself is the onely searcher of hearts , who sees our thoughts , even in the bed of their conception . yet where we find an inconformity of practise to profession : people that strein at a gnat , and swallow a camel , we may without offence to charity , rank those incongruous christians amongst hypocrites : and with great justice hold them to the law , that strive to bring the law down to their humors . by the same rule ought we to judge in favour of their scruples , whose lives are squar'd by a conform severity and strictness . it is most true , that such proposals may suffice for peace , which will not satisfie humor and faction , and carnal interest . ] why do we not apply our selves then to the onely umpire of the controversie , the setled law , which without either passion or design , lays down our duty , and our interest ? these wranglings about trifles do but enflame the difference , and start new animosities , instead of quieting the old. the great pretence of scandal ( forsooth ) is this. the presbyterians stick at ceremonies properly sacred , and significant by humane institution , which they conceive to be more than meer circumstances , even parts of worship ; and whatsoever instituted worship is not ordained of god , they hold unlawful . this passage lies a little out of my rode , but however , i 'le make it my way . it is much easier to call our ceremonies sacred , and parts of worship , than to prove them such ; or that we understand them so . is the manner of doing any thing , part of the thing done ? and for significant by humane institution ] the exception is as frivolous . because that in some cases even of external discipline , the church is limited , does it therefore follow that it is free in none ? or ty'd up onely to such rites and ceremonies , as hold no signal proportion with the reason of their institution ? this argument cuts their own throats , since by the significancy of the sitting posture at the communion , they ma●ntain the use of it ; for ( say their admonitioners ) it betokens rest , and full accomplishment of legal ceremonies in christ. they that scruple our mystical significant ceremonies , conceive that they are properly and meerly sacred , as having the honor of god for their direct and immediate end . these reasons are but snares for woodcocks . that the ultimate end of all our actions is , or at least ought to be ) the honor of god , admits no question ; but 't is not therefore the immediate end of every thing we do , nor in particular of ceremonies . the outward forms and rites of publick worship , direct partly to uniformity and order ; and partly to excite due reverence and affection in the discharge of holy duties , by sensible actions , and remarkable circumstances . but he persues his error ; and instances , that the surplice is not for gravity , nor meerly for decent distinction , but a religious mystical habit , the character or badge of a sacred office , or service conformable to the linnen ephod under the law. the grand exception against the surplice is matter of scandal , and that amounts to nothing , where people will be peevish , and carp at every thing . allow it what original he pleases : if it be neither unlawful in it self : nor wickedly applyed ; and by authority thought fit to be imposed ; why should it not be used ? what says the incomparable hooker , in this point ? [ to solemn actions of royalty , and state , their suitable ornaments are a beauty ; are they onely in religion a steyn ? ] and in another place . the names of our months , and of our days , we are not ignorant from whence they came , and with what dishonor unto god they are said to have been devised at the first . what could be spoken against any thing more effectual to stir hatred , then that which sometimes the antient fathers in this case spake ? yet those very names are at this day in use throughout christendom , without hurt or scandal to any . clear and manifest it is , that things devised by hereticks , yea , devised of a very herétical purpose , even against religion , and at their first devising worthy to have been withstood , may in time grow meet to be kept ; as that custome , the inventers whereof were the * eunomian hereticks . so that customs once established , and confirmed by use , being presently without harm , are not in regard of their corrupt original , to be held scandalous . but concerning those ceremonies , which they reckon for most popish , they are not able to avouch , that any of them was otherwise instituted , than unto good ; yea , so used at the first . ] the signing with the sign of the cross ( they conceive ) is more evidently sacred than the former . as baptism consecrates the child , so doth the cross. it is used as a sealing sign of our obligation to christ , as the words used in the application thereof do manifest , and the book of canons doth declare expresly , which saith , [ that it is an honorable badge , whereby the infant is dedicated to the service of him that died on the cross , as by the words used in the book of common-prayer it may appear . ] and therefore it is in that respect sacramental . observation 't is a well nurtur'd child that gives his mother the lye : and it is little better , to charge this sense upon the church of england , when by the very letter of the canon , an express care is taken to prevent all possibility of exception , by a clear explication of the churches judgment in that particular . the juggle is so gross , i need but cite the canon to confute it . first , the church of england , since the abolishing of popery , hath ever held and taught , and so doth hold and teach still , that the sign of the cross used in baptism , is no part of the substance of that sacrament ; for when the minister dipping the infant in water , or laying water upon the face of it ( as the manner also is ) hath pronounced these words , i baptize thee in the name of the father , and of the son , and of the holy ghost , the infant is fully and perfectly baptized . so as the sign of the cross being afterwards used , doth neither add any thing to the vertue or perfection of baptism ; nor being omitted doth detract any thing from the effect and substance of it . secondly , it is apparent in the communion book , that the infant baptized is by vertue of baptism , before it be signed with the sign of the cross , received into the congregation of christs flock , as a perfect member thereof , and not by any power ascribed unto the sign of the cross ; so that for the very remembrance of the cross , which is very precious to all them that rightly believe in jesus christ , and in the other respect mentioned : the church of england hath retained still the sign in baptism , following therein the primitive and apostolical churches , and accounting it a lawful outward ceremony , and honorable badge , whereby the infant is dedicated to the service of him that died upon the cross , as by the words used in the book of common-prayer it may appear . ] if this will not suffice to prove , that nothing sacramental is intended by it , let it be noted , that in private baptism the cross is totally omitted . his next exception is at holy-days : but i shall pass my bounds too far . i 'll borrow one maxim of the judicious hooker , ( upon th●t subject ) which shall serve for all . those things which the law of god leaveth arbitrary , and at liberty , are all subject unto positive laws of men : which laws , for the common benefit , abridge particular mens libertie in such things , as far as the rules of equity will suffer . after the quality of our ceremonies , the holy man will have one fling at the number of them . if the english ceremonies be warrantably used , what hinders the use of divers other ceremonies used in the roman church ? is it said , their multitude will become burthensome and inconvenient ? but who can determine the convenient number ? and however , an exchange of one ceremony for another were not unlawful . for what reason may not some other romish rites in baptism be used as well as the cross , seeing they are nothing less significant or inoffensive ; nay , peradventure much more inoffensive , because the papists by giving divine worship to the cross , have abused it to gross idolatry . observation beggars must be no choosers : must we use all , or none ? the english church hath made election of the english ceremonies ; what , and how many : being the proper judge both in the point of number and convenience . 't is not for us to question the authority , but to obey it . what if the cross hath been abused ? so hath the knee been bent ; the hands and eyes addressed to an idol . are we , because of this mis-application , prohibited to worship the true god , in the same manner , and posture ? now to the liturgy again . the presbyterians are not satisfied in the present liturgy , but desire it may be laid aside , or much reformed . and what solid reason withstands the equity of this desire ? this solid reason does withstand it . they beg like sturdy cripples , for christ's sake , with a cudgel . and 't is not safe for authority to give ground to a faction . whosoever observes impartially , shall find , that political prudence was joyn'd with christian piety , in composing the english service-book . ] and the same prudence is now joyn'd with the same piety , both in the right , and interest of preserving it . his next grief is a heavy one . canonical subscription lately impos'd , is a yoke of bondage , ( now mark him ) to be considered by all those that have a true regard to such liberty in religion , as equity and necessity pleads for . observation either this passage is seditious , and to enflame the people against authority , or i am no englishman . the canon ( says he ) requires a subscribing to the thirty nine articles ; to the common-prayer-book ; to the book of ordering bishops , priests , and deacons ; that all these contain in them nothing contrary to the word of god. this is unreasonable , unprofitable , and unnecessary . nay , let us take in the third article too , — to wit , [ that the nine and thirty articles are agreeable to the word of god. ] and now the form of subscription , viz. [ i do willingly , and ex animo , subscribe to these three articles above mentioned , and to all things that are contained in them . this is the yoke of bondage , which our reverend libertine complains of . first , to the unreasonableness of this subscription . touching the king's supremacy , asserted in the first article , he is silent ; and i suppose he would be thought consenting . as to the rest , what reason is there that any man should be admitted into the ministery , without subscribing to the constitution of that church , into which he seeks admitance ? if he cannot subscribe in conscience , he cannot be admitted in prudence : and if he refuses in point of stomach , that man is not of a gospel-temper . in fine , he that holds a fair opinion of the doctrine , and discipline of the church of england , may very reasonably set his hand to his opinion : and he that does not , may as reasonably be rejected because of such disagreement . so much for unreasonable ; neither is it unprofitable : for such as have any spark , either of honor , or shame , will in regard to such a testimony , be tender of giving themselves the lye , whatever they would do otherwise . his third cavil is , that it is unnecessary ; ( so are his exceptions . ) let any man consider ; when all these bars and limits are too little to restrain turbulent and sacrilegious spirits from dangerous and irreverent attempts : what seas of schism and heresie would break in upon us , were but these banks demolish'd . but he hath found out an expedient , how [ unity in doctrine , and uniformity in practise , may be as well attain'd , and far more kindly , without this enforced subscription : ( that is ) if no minister be suffered to preach , or write , any thing contrary to the establish'd doctrine , worship , or discipline , nor ordinarily for the main to neglect the establish'd rule . ] observation this last passage appears to me most spitefully pleasant . not ordinarily for the main , that is ; always sometimes he would neglect the establish'd rule . if the laws already in force against revolters , had been duly executed , 't is likely the interest of england , in the matter of religion , had not been now the question . but still this supposition does not imply an absolute sufficiency of that strictness to all intents and purposes of order and agreement . 't is what we think , not what we say ; the harmony of souls , more then of forms , which god regards : without that sacred , and entire consent of judgment , and affections , the rest is but a flat , and cold formality . not to act contrary to prescribed rules , ( where we are bound up by a penalty ) is but a negative and passive obedience ; a compliance rather with convenience , than duty , unless joyn'd with a prone , and full assent , both to the truth and equity of those determinations . for these and many reasons more , canonical subscription seems to me exceeding necessary . but for those people to decline it , ( upon pretence forsooth of conscience ) that upon pain of freedom , and estates , nay , and of hell it self , enforced the covenant , is most unequal . a presbyterian preacher , * refused to pray for sir william nesbett , late provost of edenburgh , when he was lying upon his death-bed , onely because he had not subscribed the covenant . let me be pardoned , if i understand not this incongruous holiness . as for the decrees and canons of the church , what rightful authority doth make them , as the law of the medes and persians that altereth not ? observation surely his reverence over-shoots himself . what rightful authority ? the kings : and by a less authority they cannot be discharged . by that authority , that licenses x] the excommunication of the impugners of the rites and ceremonies established in the church of england : — the opposers also of the y] government , by arch-bishops , bishops , &c. — by that authority , to which this gentleman hath forfeited the head he wears . well , but he tells us , the publick state of these differences is such , that the prelatists may , and ought to descend to the presbyterians , in the proposed moderate way ; but the presbyterians cannot come up to the prelatists in the height of their way . with the king's leave , had been good manners yet . by what authority , does presbytery pretend to unseat the hierarchy ? all the world knows , ( as much as they know any thing of that antiquity ) that bishops are of apostolical extraction : and we are not to imagine , that they died intestate , and their commission with them . but bishops have descended already , and what was the event of it ? truly it was as moderate an episcopacy as heart could wish : but , as i remember , their revenues were not employed to maintain a practical ministery . the rule is , — si vis scire an velim , effice ut possim nolle . but see the moderation of the man. some change ( he says ) in the outward form , and ceremonies , which are but a garb , or dress , is no real change of the worship . i thought we had differ'd upon point of conscience , about * [ ceremonies properly sacred , — and parts of worship . ] but now it seems 't is but the garb , or dress we stick at . the good-man has forgot himself ; and yet we had best be wary , for 't is but an untoward hint he gives us . oftentimes ( says he ) moderate reformations do prevent abolitions , and extirpations . ] observation they do so , often , and sometimes they cause them : that is , be the state never so distemper'd , where subjects turn reformers , the remedy is worse than the disease . in fine , when i look back , i find the very same desires of reformation originally pretended ; which ( after such descensions as never any prince before the blessed father of our gracious soveraign , made to his subjects ) proceeded yet to utter extirpation , root , and branch . the present face of things looks so like twenty years ago , i cannot choose but fear the same design from the same method ; the same effects from the same causes . is not that likely to be a blessed reformation , where faction dictates , and tumults execute ? but our pacifick moderator is of another temper sure ; he onely advises a yielding , for fear of worse : especially considering , that the party called presbyterian may be protected , and encouraged , and the episcopal not deserted nor disoblig'd . which is his resolution upon the second quaere presbyterian improvements are commonly a little sinister ; ( or , as a man may say , over the left shoulder ) they have something an odd way of making a glorious king , and a happy people . but we shall not dispute the possibility of doing many things which may be yet of dangerous experiment . i do believe it possible for a man to flie ; yet set him upon pauls , and lure him down , upon the trial , 't is at least six to four he breaks his neck . truly in my opinion , this proposal is all out as impracticable . but 't is all one to me. what if the two church-parties , can agree , or what if they cannot ? my business is to keep the presbyterian from laying violent hands upon the civil power , and to convince a party so denominated , of sedition , not of schism . his third enquiry follows . qu. iii. whether the upholding of both parties by a just and equal accommodation , be not in it self more desirable , and more agreeable to the state of england , than the absolute exalting of one party , and the total subversion of the other ? ( and thus he reasons . that state of prelacy which cannot stand without the subversion of the presbyterians , and that stands in opposition to regulated episcopacy , will become a mystery of a meer carnal and worldly state , under a sacred title , and venerable name of our mother the church . for in such opposition , of what will it be made up , but of lordly revenue , dignity , splendor , and jurisdiction , with outward ease and pleasure ! what will its design be from age to age , but to uphold and advance his own pomp and potency ? read the ecclesiastical histories , and you shall find the great business of the hierarchy hath been to contest with princes and nobles , and all ranks and degrees , about their immunities , privileges , preheminences , to multiply constitutions and ceremonies for props to their own greatness , but not to promote the spiritual kingdom of our lord jesus christ in the hearts of people , according to the life and power of christianity . observation let this serve for a taste of his pedantique boldness . whether the scandal , or the danger of these liberties is the greater , may be one question : and whether the usurper of this freedom is the better subject , or christian , may be another . if we respect the holy order of bishops , together with the sacred authority of law , by which they are here established , how scandalous and irreverend is this invective ! or if the unsetled humor of the people , how dangerous ! if we reflect either upon christian unity , or political obedience : how inconsistent is this manner of proceeding , with what we owe to god , and the king ! that state of prelacy , which cannot stand without the subversion of the presbyterians , &c. — 't is very well ; — and why the subversion of the presbyterians ? how those that never were vp , should be thrown down , i cannot imagine . by what law , or by what equity , do these people pretend to any interest of establishment in england ? those of the presbyterian judgment , that out of a real tenderness cannot comply in all particulars , will beyond doubt receive from his majesty such favour and indulgence , as may abundantly suffice to their relief . but that pretence doth not one jot entitle them to challenge a further influence upon the government . these wayward appetites and cravings , are but the sickly longings of a peevish woman : a kind of voluntary and privileged conscience they have , which if it happens to take a fancy even to the crown , monarchy it self must rather perish , than these poor wretches lose their longings . soberly i would advise them by any means , to waive these troublesome and groundless pretences . it starts a scurvy question , and makes men ask , how these people came by the right they challenge ? for the rest ; episcopacy is like to be well ordered , when the presbyterians have the regulation of it . there have been great contests ( no question ) mov'd by the hierarchy ; but i suppose this gentleman will not instance in many , ●ince the reformation , derogatory to the jurisdiction royal : whereas the whole course of the presbyterian discipline hath been tumultuous ; and their avowed principles are more destructive to royalty , than even the rankest of the jesuites themselves . having at length talk'd his fill against the pomp of prelacy ; and charg'd the arrogance of presbyters upon the bishops : thus he concludes , in very deed , the state here described , will never stand safely among a people that are free , serious , searching , and discerning in matters of religion . ] which to the many , sounds thus much . this is the pride and tyranny of bishops : and none but a slavish and besotted people will endure it . he that makes other of it , forces it . having by the spirit of natural divination foretold the effects which he himself intends to cause ; he gives this hint to the vulgar , that [ a hierarchy of this nature hath a strong bias toward popery . ] no doubt , and so had monarchy . was not this imputation , by the same party , cast upon the late king , and with the same measure of confidence and bitterness ? when yet we know , that those that charged him with it , did not believe themselves ; it was so rank , and evident a calumny . nor to insist upon the dying testimony of that incomparable prince ; ( which was but suitable to the pious practise and profession of his whole life ) that early protestation of his majesties , before his receiving of the holy eucharist at christ-church in oxon , . will be more pertinent to my purpose . his majesty being to receive the sacrament from the hands of the lord arch-bishop of armagh , used these publick expressions immediately before his receiving the blessed elements , he rose up from his knees , and beckning to the arch-bishop for a short forbearance , made this protestation . my lord , i espy here many resolved protestants , who may declare to the world the resolution i now do make . i have to the utmost of my power prepared my soul to become a worthy receiver ; and may i so receive comfort by the blessed sacrament , as i do intend the establishment of the true reformed protestant religion , as it stood in its beauty in the happy days of queen elizabeth , without any connivence at popery . i bless god , that in the midst of these publick distractions , i have still liberty to communicate ; and may this sacrament be my damnation , if my heart do not joyn with my lips in this protestation . this was not yet enough to allay the clamour , till with his royal blood he had seal'd this protestation . if the objector can produce a fouler injury , either to religion , duty , truth , honor , or humanity , let it be done , to save the credit of the faction , unless they reckon the superlative perfection of their wickedness , a point of glory . his next remark is not amiss . [ let it be well observ'd , that the designs of suppressing puritans , and complying with papists , had their beginning both at once , and proceeded in equal paces . observation let it be here as well observ'd , that if by puritans be meant those of the separation , by papists is intended such as kept their stations : these squires of the revolt , esteeming as anti-christian , whatever stands in opposition to their heady purposes . we have this both from story and experience , that it hath been the constant practise of these unmannerly apostates , to speak evil of dignities ; & being fall'n off themselves , it is but carnal prudence , by damning of the authority to justifie the schism . no wonder then , if the designs of suppressing puritans , and complying with papists , had ( in his sense ) the same beginning , and proceeded in equal paces . to bring himself off , he shifts it thus . [ according to a vulgar sense , we take popery in the heighth thereof , for the heresies and idolatries ; and in the lower degree thereof , for the gross errors and superstitions of the church of rome . ] and 't is against english popery in the lower degree , that he plants his battery : arguing so formally against our going over to rome , that any stranger to the story would swear , — the prelates and the pope were more then half agreed already . having at length with great good-will advised the church of england as to the main , he concludes , that [ all approaches and motions towards rome are dangerous . ] but are not all recesses from truth , more dangerous : because in every thing we cannot agree with them , must we in nothing ? to me this appears rather petulancy , then pious reason . we are to hold fast the truth , where-ever it lyes : and to embrace what 's good , and laudable in any church , without adhering to the contrary . did not st. paul become all things to all men , that by all means he might gain some ? but if we walk upon the brink ( he tells us ) we may soon fall into the pit. ) these wary men forget , that there 's a gulf on the one hand , as well as a pit on the other : and that the narrow way is that which leads to eternal happiness . but as to reason of state ( he says that ) enmity with rome , hath been reputed the stability of england ; concerning which the duke of rhoan hath delivered this maxime ; [ that besides the interest which the king of england hath common with all princes , he hath yet one particular , which is , that he ought throughly to acquire the advancement of the protestant relig●●n , even with as much zeal as the king of spain appears protector of the catholick . allow this maxime good in state , he hath but found a rod to whip himself . the king of england ought to advance the protestant religion . ] content . what now if these disciplinarians prove no protestants ? but rather a schismatical , and dividing party , driving an interest of their own , under that specious name , and with great shew of holiness , opposing not only the practises and rules of the reformed churches , but even the fundamentals of christianity it self ? by whom will they be tryed , or on what judgement , and authority will they rest ? they quarrel with the order of bishops ; the common-prayer ; the rites and ceremonies of the church ; the law of the land , with customes , and antiquity : in short , with every thing but the geneva discipline . they do by that too , as our gallants do by french-fashions . the court of france being the standard of queint mode and dress , to the one , as is geneva of church order to the other : what is there used , though in it self extravagant enough , our humour is to over-do ; and if the french wear but wide breeches , we forsooth must wear petticoats . consult the learned and most eminent assertors of their discipline ; ask the grand architect himself , or indeed , any of his sectators , ( of fair and honourable credit ) concerning the subject of our present controversie . and . whether it be a protestant opinion , that the hierarchy is antich●istian ? ii. whether such laws of humane institution , as neither contradict the general laws of nature , nor any positive law in scripture , be binding or no ? iii. in case of male-administration , either in church , or state : whether the people may take upon them to reform ? but this they are not so stiff in , as to maintain it , but by blind inferences not worth regard . this is the state of our dispute ; and if in these particulars our anti-prelatists oppose the current of reformed divines : to advance their interest , is to undermine the common interest of the king , nation , and the protestant cause . needs must it move many revolts , and keep off many proselytes , to see such principles declared of the essence of christian religion , as a good honest pagan would be ashamed of . nor less repugnant are they to rules of society , than of conscience ; no tyranny so cruel and imperious ; no slavery so reprochful . set up their discipline , and we 're at school again . methinks i see a presbyter with his rod over every parish ; and the whole nation turning up their tails to a pack of pedants . yet hateful as it is , even that it self , establish'd by authority , might challenge our obedience . i have digress'd too far ; yet in convenient place , i must say something further upon this subject . if our new fangled polititian had consider'd , that the kings interest leads him to support , that which the presbyterians strive to overthrow , ( the protestant religion ) i am perswaded he would have spared the duke of rhoan in this particular . the maxime even as it lies before us , affording matter of dangerous deduction to his disadvantage : but taken in coherence , nothing can be more sharp and positive against him . that great and wise captain the duke of rhoan , discoursing upon what reasons of state , q. elizabeth acted toward spain , france , and the united provinces ; tells us particularly , how much she favoured the protestants in france , & germany . [ par toutes ces maximes , ( dit il ) cette sage princesse a bien fait comprendre , a ses successeurs , que outre l' interest que l' angleterre a commun avec tous les princes , &c. — by all these maximes ( says he ) this wise princess hath given her successors to understand , that besides the interest which england hath common with other princes , yet one particular it hath , which is to advance the protestant religion with the same zeal , the king of spain does the catholick . be it here noted , that when the queen was most concern'd , and busie to promote the protestant cause , even at that very time was she as much employ'd to crush the presbyterian faction , viz. cartwright , coppinger , arthington , hacket , and their confederates . the first of these was imprison'd , and fined for seditious and schismatical practises against the church and state. the second starved himself in a gaol ; the third repented , and publickly recanted : the fourth was put to death for horrid blasphemies . ( these people talk'd of a practical ministery too . — ( the men are gone , but their positions are still in being , and only attend a blessed opportunity to be put in execution . this may appear from divers late discourses , which are effectually no other then cartwrights principles , and model , couch'd in warier terms , and other authority than these , or such as these , i think the very authors of them will scarce pretend to . one observation more . our paraphrast renders the advancement of the protestant religion , — enmity with rome , to the great scandal of the reform'd profession . we have no enmity but with errour , which in a rigid puritan , to us , is the same thing as in a papist . but popery ( he tells us ) hath been ever infamous for excommunicating , murthering , and deposing princes . i am no advocate for the roman cause , but upon this account , i think betwixt the jesuite , and the puritan , it may be a drawn battel . and yet he follows , with an assurance that the protestant religion aims at nothing , but that the kings prerogative , and popular liberty , may be even ballanced . ( that is , the puritan , — the presbyterian religion , as he explains himself a little lower . i cannot call to mind one single passage in this whole discourse , concerning the kings power , or the peoples liberty ; which is not either worded doubtfully or with some popular limitation upon the royal authority . what does he mean by even ballancing ? cheek by joul ? or by what warrant from the word of god , does a presbyters religion intermeddle with popular liberty ? unless the holy man intends to bring homage to kings , within the compass of ceremonies of humane , and mystical institution . yet once again . the presbyterian principle ( he sayes ) is for subjection to princes , though they were hereticks , or infidels ; and if they differ herein from the prelatical protestant , ( i was afraid we had been all papists ) it is only that they plead for liberty , setled by known laws , and fundamental constitutiont . ] still ad populum ? these are the incantations which have bewitch'd this nation . this charm of qualify'd disloyalty , and conditional obedience . behold the very soul of the faction in these five lines ; a fair profession first to his majesty , and with the same breath a seditious hint to the people . what is that liberty he talks of , but a more colourable title to a tumult ? that legal freedome , to which both by the royal bounty , and our own birth-right we stand entituled , we ought not to contest for with our soveraign , and ( god be prays'd ) we need not , now for another fit of kindnesse . his majesty our native king , may govern as he pleases , without fear of hazards , by continuing to shew himself a common father . observation what 's this cause a kin to the third article of the covenant ? to preserve and defend the kings majesties person and authority , in the preservation and defence of the true religion , and liberties of the kingdoms , ] ( as who should say , if , he does otherwise , let him look to himself . the excessive dominion of the hierarchy , with the rigorous imposition of humane ceremonies was accounted much of the malady of former times , which ended in those deadly convulsions of church and state. observation since this pragmatical levite will provoke a controversie , i am content to entertain it . if the bishops excesses were the cause of war , how came the kings ruine to be the effect of it ? but 't is no new thing for a presbyterian to saddle the wrong horse . just in this manner did the covenanters treat his late majesty : and by those very troops that cryed down bishops was the king murther'd . ridiculous brutes , to boggle at a surplice , and yet run headlong into a rebellion . the grand source of our miseries was the covenant , by which , as by a spell ( in the name of the blessed trinity ) the people were insensibly bewitched into an aptnesse to work any wickednesse which the interpreters of that oracle should say was the intendment of it . the first notorious rupture was in scotland , in . attended with a covenant , which without question was formerly agreed upon by the confederate faction of both kingdoms , as the most proper and least hazardous way of tasting the kings patience , and the peoples humours . that their design was laid and carried on by counsels , and intelligence as aforesaid , may be collected from the consequent , and brotherly agreements : and truly the retrospect of the act of indemnity seems to hint no lesse , for it commences from the first scottish broyls , tho' four or five years before the war brake out in england ; what was begun by covenant , was so prosecuted . by virtue of the covenant the kirk-party supply'd themselves with men and monies : armies were brought into the field ; and beyond doubt , many that truly loved the king , not knowing what they did , ingaged against him . to keep up this delusion , the press and pulpit did their parts , and to deal freely after this advance , i should as much have wondred if they had stop'd short of his death , as i find others wondering how they durst accomplish it . death with a bullet or an axe , is the same mischief to him that suffers it : and the same crime , wilfully done , in those that act it . no man can rationally allow one , and condemn the other : for if the violence be lawful ; why not as well in the field , as upon a scaffold ? in this particular , the doctor is beside his cushion . he makes me think of the marquiss of newcastle , upon a sawcy clergy-man . why should i remember that he 's a priest ( says my lord ) if he forgets it himself ? his next argument against prelacy is a modest , and ( as i take it , ) a queint one. can the self same state ( sayes he ) and frame of ecclesiasticks be now revived after so great and long continued alterations , by which the anti-prelatical party is exceedingly increased and strengthned ? surely this gentleman has a mind to give his brother crofton a visit . cannot prelacy be better restored after a discontinuance , then presbytery erected , where it never had a being ? the very laws are yet to make , for the one , and still in force for the other . but the great obstacle is , the anti-prelatical party is exceedingly increased , and strengthned . ] truly i think , if his majesty should lessen the number of them , by two or three of the promoters of that doctrine , the precedent might do some good upon the rest . can any thing be more feditious ? these hints upon fair grounds and given in private , might very well become the gravity of a churchman , or the profession of a loyal subject . but to the people , these calculations are dictates of sedition ; and only meant to engage the credulous and heady multitude in false opinions both of the tyranny of prelates , and their own power . thus far in observation upon the first part of the interest of england , in the matter of religion , &c. — the whole structure whereof ( in his own words ) rests upon these positions , as its adequate foundation . . that whilest the two forenamed parties remain divided , both the protestant religion , and the kingdome of england is divided against it self . . that the presbyterians cannot be rooted out , nor their interest swallowed up , whilest the state of england remaineth protestant . . that their subversion if it be possible to be accomplished , will be very pernicious to the protestant religion , and the kingdome of england . . that the coalition of both parties into one may be effected by an equal accommodation , without repugnancy to their conscientions principles on either side , in so much that nothing justifiable by religion or sound reason can put a bar to this desirable union . the whole matter ( in debate he tells us ) rests upon three main enquiries . i. qu. whether in justice or reason of state the presbyterian party should be rejected and depressed , or protected and incouraged . ii. qu. whether the presbyterian party may be protected and incouraged , and the episcopal not deserted nor dis-obliged . iii. qu. whether the upholding of both parties by a just and equal accommodation be not in it self more desireable and more agreeable to the state of england , than the absolute exalting of the one party and the total subversion of the other . observation i shall now offer some further reasonings of my own ; upon this subject ; therein proposing such brevity and clearnesse ; that both the lazy , and the busie may find time to read it , and the weakest not want capacity to understand it . his first position holds no further good , then as the presbyterians are first protestants in the matter of the difference , and then considerable in the ballance of the nation . religion led the quarrel , so let it the dispute . in using the word protestant , i follow custome , for i had rather call it catholick : but protestant let it be . i suppose by the protestant religion , we understand that of the reformed churches : to whose decision we shall willingly submit the sum of our disagreements : which may be stated under a reduction to these two questions . i. qu. whether or no the government of the church by archbishops & bishops — be antichristian , or unlawful ? ii. whether such laws of humane and significant institution , as are orderly made , and neither contradict the general laws of nature , nor any positive law in scripture , — be binding or not ? first , concerning the prelacy : luther himself distinguishes betwixt popish tyrants , and true bishops : professing his quarrel to them as popish not as bishops . the authors of the augustane confession , leave it upon record , that they would willingly preserve the ecclesiastical and canonical polity , if the bishops would cease to tyrannize over their churches . ] bucer advises by all means the restoring of such ecclesiastical governments as the canons prescribe , ( episcopis & metropolitanis ) to bishops and metropolitans . melancthon to luther , — you would not imagine ( says he ) how some people are netled to see church-policy restored : as if it were the romish soveraignty again . ] ita de regno suo , non de evangelio , dimicant socii nostri . calvin himself recommends the hierarchy to the king of poland : and treating concerning the primitive church , says , that the antient government by arch-bishops and bishops , and the nicene constitution of patriarchs , was for orders sake , and good government . [ ad disciplinae conservationem pertinebat . ] the same person being called to accompt by cardinal sadolet , concerning the geneva defection , and for subscribing the augustane confession , renders this answer . cursed be such as oppose that hierarchy , which submits it self to christ jesus . [ nullo non anathemate dignos censeo , quotquot illi hierarchiae , qui se domino jesu submittit , subjici nolunt . zanchi ( the compiler of the gallican confession ) observes a change of name , rather than of office , throughout most of the german churches . bishops and arch-bishops being onely disguised under the notion of super-intendents , and general-superintendents : acknowledging , that by the consent of histories , counsels , and the antient fathers , those orders have been generally allow'd by all christian societies . beza , ( the rigid successor of calvin ) being check'd by the arch-bishop of canterbury , for intermedling beyond his spheare , — we do not charge ( says he ) all archbishops and bishops with tyranny . — the church of england hath afforded many learned men , and many glorious martyrs of that function . if that authority be there still in beeing , may a perpetual blessing go along with it . [ fruatur sane istâ singulari dei beneficentiâ , quae utinam illi sit perpetua . ] this with all ceremony was addressed , — totius angliae primati : to the primate of all england , and in the name of the whole church of geneva . saravia makes him him speak yet plainer ; who arguing for the hierarchy out of the apostles canons , receives from beza this reply . this is no more then what we wish might be restored to all churches . [ quid aliud hic statuitur , quam quod in omnibus locis , ecclesiis restitutum cupimus ? ] zanchi comes up to the very case of england ; ( nay , and a little further too ) not onely affirming episcopacy to be agreeable to the word of god : but where it is in exercise , that it ought to continue , and where by violence it hath been abolish'd , that it ought to be restor'd . [ * vbi vigent ( isti ordines scil . ) non esse abolendos , & ubicunque iniquitas temporum eos abolevit restituendos . ] with what face now shall the enemies of bishops call themselves protestants , in this particular at least , wherein they evidently cross the whole stream of protestant divines ? now to the second quae●e . whether such laws of humane , and significant institution , as are orderly made , and neither contradict the general laws of nature , nor any positive law in scripture , be binding or not ? hear calvin first , [ quamvis quod oberuditur scandalum afferat , quia tamen verbo dei per se non repugnat concedi potest . ] scandals taken , without repugnancy to the word of god , are not sufficient to invalidate the obligation of a ceremony imposed by the church . beza himself , nay , mr. cartwright , the captain of our blessed legions , will allow , rather than quit a benefice , to wear a surplice . bucer thanks god with all his soul to see the english ceremonies so pure , and conform to the word of god , or at least , ( rightly understood ) not contrary to it . not to hunt further for particular authorities , i shall be bold with my own brother , and make use of some general collections which he hath gathered ready to my hand . nothing assuredly can be more demonstrative of the protestant tenets , than the confession of their several churches . that of helvetia first , [ churches have always used their liberty in rites , as being things indifferent , which we also do at this day . ] that of bohemia ; [ humane traditions and ceremonies brought in by a good custom , are with an uniform consent to be retained in the ecclesiastical assemblies of christian people , at the common service of god. ] the gallican ; [ every place may have their peculiar constitutions , as it shall seem convenient for them . ] the belgick ; [ we receive those laws as are fit , either to cherish or maintain concord , or to keep us in the obedience of god. ] that of ausburg ; [ ecclesiastical rites which are ordained by mans authority , and tend to quietness and good order in the church , are to be observed . ] that of saxony ; [ for order sake , there must be some decent and seemly ceremonies . ] that of swethland ; [ such traditions of men as agree with the scriptures , and were ordained for good manners , and the profit of men , are worthily to be accounted rather of god than of man. ] these were the tenents they publickly owned , nor did they act different from what they taught , ordaining churches , pulpits , prayers before and after sermon , administring the sacraments in churches , delivering the communion in the forenoon to women , baptizing infants , and several other things , not one whereof were directly commanded by either christ , or his apostles . from hence 't is manifest , we may divide from presbyterians , and yet the protestant religion not be divided against it self . a schism there is , but whether in the church , or in the faction , is onely a dispute for those that plead the authority of tumults . as their opinions are not one jot protestant , where they divide from bishops ; so neither are their morals any more warrantable , wherein they act as men. which shall we credit , words , or deeds ? will they not bite ; where they pretend to kiss ? a famous martyr of that party , ( hacket ) served a fellow so . some difference there had been , and they were to be made friends . hacket pretends a reconcilement ; takes the man in his arms , bites off his nose , and swallows it . this is that hacket that was joyn'd with coppinger , and archington , in a plot to murder the lords in the star-chamber , because they had committed cartwright , ( the great rabbi of the party ) whose crime was onely the erecting of the presbytery without , and against the queens authority . thus we see , that in queen elizabeth 's days too , the protestant religion was divided against it self . briefly , that it is not religion which moves these people , is most apparent , from their unquiet and distempered actings . proceed we now to enquire what it is , or in plain terms , to unmasque the holy cheat , and shew it bare-fac'd to the people . of all impressions , those of religion are the deepests ; and of all errors , the most to be lamented and indulged , are those of tender and mis-guided consciences . the clearness of this principle considered , it is no wonder that the foulest designs , put on the greatest shews of holiness , as the onely way to gain and rule affections , without which , no great matters can be accomplish'd . this is a truth well known to the presbyterians , and of experiment as antient as their discipline . we do not undertake to read their hearts , but their vvritings we may venture upon ; enquire a little into their practises , and by comparing both , give some tolerable guess at their intentions . the readiest way is to look back , and match them ; for the best prospect of the future is behind us . some grumblings toward the consistorian discipline , there were in the days of edw. . but the first notorious separation was that of frankford , ( in the reign of queen mary ) when gilby , goodman , and whitingham , with their companions , flew off , and went to geneva , from whence they returned into england , soon after queen elizabeth came to the crown . these led the dance in england ; knox in scotland : and at this day our presbyterians do but write after their copy : professing the same principles , pretending the same scruples , and beyond doubt proposing the same end ; which was to get the same dominion here , which calvin and beza exercised at geneva : to whom they still repair'd for counsel as they needed . cartwright and travers came in the breech of these , but not without consulting beza first , to learn the knack of the geneva model . these were the men that first brought into england that horrible position , that the geneva discipline was as essential a note of the church , as either the true preaching of the word , or the due administration of the sacraments . this is the principle which supports the presbyterian interest . for the first thirteen years of the queen's reign , they contented themselves to throw about their libels against ceremonies , and divide into conventicles . in the fourteenth of her majesty , they addressed two admonitions to the parliament ; the former in the quality of a remonstrance , with a platform ; the other , bolder , and more peremptory . this parliament was no sooner dissolved , but they fell presently to work upon their discipline ; the progress whereof is with great exactness set down in the third book of bancroft's dangerous positions . in . a presbytery was erected at wandesworth in surrey , at which time they had also their conventicles in london , where little was debated , but against subscription , the attire , and book of common-prayer . in . a meeting was appointed of ministers , out of essex , cambridge-shire , and norfolk , at cockfield ; to confer about the common-prayer , — what might be tolerated . ] in . the form of discipline was compiled , and decrees made touching the practise of it , which soon after were put in execution . ] in . the discipline was received , and put in practise in northampton-shire . ] in . a classical assembly at coventry . ] in . a general meeting in cambridge , and another at ipswitch . ] in . vpon the detection of the premises , they refused to answer upon oath . being thus associated , they appropriate to their meetings the name of the church , and use the style . the offices of the lord arch-bishops , and bishops , &c. ( says martin junior ) are condemn'd by the doctrin of the church of england . ] by these degrees , the schismaticks advanced to a dangerous heighth , and boldness ; and of this temper and extraction are our presbyterians . after the aforemention'd discovery , a stricter eye and hand was kept upon them ; divers of the ring-leaders were imprison'd , and the covy broken . upon the coming in of king james , they began to stir again ; but he knew them too well , either to trust , or suffer them . how they behaved themselves towards the late king , is to the eternal infamy , not onely of the faction , but of the nation , too notorious : what they design toward the present government , that 's the question : and now i come to enquire . — whether in justice or reason of state the presbyterian party should be rejected and depressed , or protected and incouraged . before i fall upon the question , once again i explain my self . by presbyterian , i intend a faction , that under colour of setling a reform'd discipline , seeks to dissolve the frame of an establish'd government . and first , i am to prove that party so distinguish'd , such a faction , which both from their own practises , positions , and from common observation , and authority , i think i shall make good ; and that their last aim is to exercise that tyranny themselves , which they pretend to punish . we 'l first examine how they treat the civil power . if princes be tyrants against god and his truth , their subjects are freed from their oaths of obedience . kings , princes , and governors , have their authority of the people , and upon occasion , the people may take it away again . ministers ought not to obey the prince , when he prescribes ceremonies , and a fashion of apparel . evil princes ought by the law of god to be deposed . andrew melvil being cited to answer for treason delivered in a sermon , declined the judgment of the king , affirming , that what was spoken in pulpit , ought first to be tried and judged by the presbytery ; and that neither the king nor counsel might in primâ instantiâ , meddle therewith , although the speeches were treasonable . ] strike the basilique vein ; nothing but this will cure the plurisie of our state. let us never give over , till we have the king in our power , and then he shall see how good subjects we are . ( delivered in a sermon . ) it is lawful for subjects to make a covenant , and combination without the king. but to come nearer home , to shew that the whole gang is of the same leaven . worse than all this was daily printed against the late king , even by those persons that were in pay to the presbyterian faction : and yet at last , those outrages are justifi'd against the father , by such as would be thought loyal to the son. if parliaments think to scape better , they are deceived . if the brethren cannot obtain their will by suit , nor dispute , the multitude and people must do the feat . one preached , that though there were never so many acts of parliament against the covenant , yet it ought to be maintain'd against them all . the parliament can make no law at all concerning the church , but onely ratifie what the church decrees : and after it hath ratifi'd it , yet if the assembly of the church shall prohibite it , and repeal that decree of the church , all the subjects are discharged from yielding obedience to that act of parliament . an assembly may abrogate acts of parliament , if they any way reflect upon business of the church . reformation of religion belongs to the commonalty . of the parliament in the year of the queen , ( says the supplication ) if the desired reformation be not granted . ] there shall not be a man of their seed that shall prosper , be a parliament man , or bear rule in england any more . concerning laws established ; they fall in consequence with the power that makes them . presbyterians opinion of bishops let us see now with what modesty they treat the church , and first the bishops . they are ordinances of the devil , — proud , popish , presumptuous , prophane , paltry , pestilent , pernicious prelates , and vsurpers , — robbers , wolves , simoniacks , persecutors , sowers of sedition , dragons , ( and so to the end of the chapter . ) their clergy , an antichristian , swinish rabble , — the ministers are neither proved , elected , called , nor ordained according to gods word . the ceremonies , — carnal , beggerly , antichristian pomps . presbyterian reformation . hitherto , the faults of governors , and government , now their proposals of amendment , and reformation ; by what rules , and by what means we may be governed better . thus then . let the whole government of the church be committed to ministers , elders , and deacons . very good , and to whom the government of the state ? why to them too . for the church wherein any magistrate , king , or emperor is a member , is divided into some that are to govern : viz. pastors , doctors , and elders : and into such as are to obey , viz. magistrates of all sorts , and the people . the question is next , about the extent of the ecclesiastical power , and in what manner that assumption hooks in all civil actions within their cognisance ? in ordine ad spiritualia , forsooth : by which rule nothing scapes them . 't is the desire of the admonitor ; that he and his companions may be deliver'd by act of parliament , from the authority of the civil magistrates : as justices , and others , and from their inditings , and finings . ] the eldership shall suffer no leud customs to remain in their parishes , either games , or otherwise . ] and further ; the office of the church-governors , is to decide controversies in doctrine and manners , so far as pertaineth to conscience and the church-censures . ] every fault ( says cartwright ) that tendeth either to the hurt of a man's neighbour , or to the hindrance of the glory of god , is to be examined and dealt in by the orders of the holy church . ] nay , knox goes further yet . the bare suspition of avarice , or of pride , superfluity , or riotousness in chear or rayment . ] — even this nicety falls within their censure . now would i know what need of a civil magistrate , when even our private thoughts are subjected to the scrutiny of a presbytery ? but will some say , what signifies the intemperance of particular tongues , as to the general of the party ? i am challenged by the author of the interest of england , to produce their actions : and that 's my next immediate business . the presbyter has now the chair , see how he manages his greatness . none of that tyranny ye found in bishops , i warrant ye : no groaning now under the yoke of antichrist ; the intolerable burthen of canonical subscription ; the imposition of ceremonies , properly sacred ; the injunction of the cross in baptism ; and that abominable idol , the common-prayer . some words perhaps may slip unwarily , that might have been as well let alone ; but alas good people , they mean no harm . suppose that some of this way were guilty of some provoking forwardness , should grave patriots , and wise counsellors thereupon destroy the weak party , or rather heal it ? 't is indeed possible , that in the heat of a reforming and spiritual zeal , they may have let fall speeches of holy indignation against the opposers of the * lord's ordinance . but have they shewed their disaffection either to * king or parliament , by any thing discernable in their outward behaviour : have they controlled the law of the land , or the just liberty of the people ? if they have not done all this , there 's a great failing both in our stories , and our memories . i know 't will be objected , they petition'd , and in a supplicant and humble way , suitable to the duty of good subjects . they did retition ; and in this manner — ( about the. . of the queen . ) may it please your majesty , &c. — that it may be enacted , &c. — that the book hereunto annexed , &c. intituled , a book of the form of common-prayers , administration of sacraments , &c — and every thing therein contain'd , may be from henceforth authorized , put in ure , and practised throughout all your majesty's dominions . herein they press upon the nation their own form , which would not yet allow of any other . what they could not get establish'd by law , they settle yet by practice , and privately agree upon a general endeavour to encrease the party . ] but say they should be opposed ? why then , have a fling at evil counsellors . [ if her majesty give ear to such counsellors , she may have cause one day to lament . ] then they remonstrate , how miserably poor men have been handled ; ] that godly ministers have been brought before the bars of justice ; ] and that if this persecution be not provided for , it is the case of many a thousand in england : great troubles will come of it . ] this numerous party will not vary from it self , &c. — the minds of men are fix'd in this opinion , and are not like to be reduced to the practise of former times . ] well said i. c. yet , thousands ( says another ) do sigh for this discipline ; and ten thousands have sought it . ] we do protest unto your majesty ( say the supplicators ) that we will be no longer subject unto the bishops unlawful , and usurped authority , &c. ] — and another . [ the truth will prevail ( speaking of the discipline ) in spight of your teeth , ( meaning the bishops ) and all other adversaries of it . ] in the late king's declaration concerning the tumults in scotland : this way of petitioning is very frequent : and this is that my friend hints , in saying , that the presbyterians have never ceased to sollicite , and supplicate , &c. ] but words draw no blood. 't is true , but such as these come very near it . we phancy first , defects in government ; then we discourse them ; after that , we propose a reformation , which , if rejected , we proceed to press it : the next step is a threat , and then a blow . where there are failings in authority , 't is not for private persons to take publick notice of them . who ever does that , would strike , if he durst . this is not meant of every slip , in common discourse , either of heat , or inadvertency ; yet that is very ill too ) but of deliberate affronts ; such as proceed from a form'd habit of irreverence : and in that case , i think 't were no hard measure , if he that sets his hand to the king's dishonor , should lose his head for 't . take it at worst . put case a prince misgoverns ; yet we are sure , that his superior does not ; and that respect we cannot pay to his failings , we must allow to his commission . from vvords proceed we now to actions . presbyterian practices toward their sovereign . the presbyterian is no sooner in the saddle , but ( in the name of reformation ) how the man gallops : kings , parliaments , laws and liberties , oathes and covenants , are but as feathers in his way . i shall not clog this section with many instances . the traiterous actings of the conventicle at glasgow , in . the horrid outrages that usher'd it , and the most deplorable consequences that ensu'd upon it , contain enough to brand that faction to eternity . i shall the rather fix there , because it brings the case home ; and first , in regard that the schismaticks of both nations acted by the same tie of oath and interest . next , as it is the model , they have made the people swear they would be damn'd by . some of their many insolencies are these . i. the assembly is independent , either from king or parliament , in matters ecclesiastical . ii. it is lawful for subjects to covenant and combine without the king , and to enter into a bond of mutual defence against him . iii. an assembly may abrogate acts of parliament , and discharge their fellow-subjects from obedience to them , if they any way reflect upon the business of the church . iv. they deny the king 's right of calling or dissolving assemblies , and they continue to sit and act , notwithstanding his majesty's express order for their dissolution . ( see the king's declaration . ) these rebellious proceedings are yet darkned by the transcending usurpations that followed them . but here i am bounded ; this onely i may say ; who ever has a mind to run the extremities of another war , and to see another king murther'd , let him give his vote for presbytery . and here let every man look behind him , and lay his finger on his mouth . as the geneva discipline is injurious to kings , and stated laws , so it is most ridiculously tyrannous to the people . a great uproar arising in edinburgh , about the making of a robin-hood , they of the consistory did excommunicate the whole multitude . ] 't is a strange tenderness possesses these saints . one of them being to christen a child , brake off in the middle of the action , because he would not call it richard. ] i suppose no man knew this kind of cattel better than king james . i was persecuted ( says that learned prince ) by puritans , not from my birth onely , but even since four months before my birth . ] and to prince henry thus. take heed to such puritans , very pests in the church and common-weal , whom no deserts can oblige , neither oathes or promises bind ; breathing nothing but sedition , and calumnies , aspiring without measure , railing without reason , and making their own imaginations ( without any warrant of the word ) the square of their conscience . i protest before the great god , and since i am here as upon my testament , it is no place for me to lie in , that ye shall never find with any highlands or border-thieves , greater ingratitude , and more lies and vile perjuries , than with these phanatique spirits . and i think every man may say as much that hath but known them . we are at length by gods grert mercy , delivered from those evangelical impostors , and after all our wandrings brought once again , into the channel . we have our prince , our laws , our freedoms , our interest lies before us , and certainly we cannot be so mad , as now to dash a second time upon the same rock : yet they shall lose nothing for want of offering at it . the arguments of . are set on foot again : the very same with cartwright's , ( that consistorian patriarch , as bancroft terms him ) nay , they are advanc'd already beyond pleading of their cause , to pressing of it , by sawcy importunities , and peremptory threatnings . from what i have deliver'd , it cannot be deny'd , but their positions are destructive to all civil government : and for their practices , the story is written in blood. this might suffice to end the controversie concerning reason of state , for certainly a faction so principled , cannot with safety to the publick be incorporated into any politick constitution . but i shall add some further reasons , why by no means they are to be admitted . . they 'r a party never to be gain'd by obligations ; and this is manifest from their proceedings toward the late king , whose most unhappy tenderness of nature rost him his life . and at this instant , that irreclaimable ingratitude is yet more clear toward his majesty in beeing : whose unexampled mercy , so much as lies in them , is converted to his dishonor , and destruction . . they ground their claim upon the equity of their cause , which if allow'd , by the same reason they may serve this king as they did his father . . their demands are endless , as well as groundless , and it is not prudential to grant any thing to a faction , that will be satisfi'd with nothing . it is but giving them a power to take the rest . . they expostulate , and what they get upon those terms , they look upon rather as a submission , than a concession . the very manner of their address has a spice of mutiny in it , and they will hardly make an honest use , of what they compass by dishonest means . . it is not advisable to encourage tumultuary combinations , by rewarding them . . the dispute is not so much what their consciences will bear , as what their importunities can obtain : and to feel the pulse of the supreme authority . in fine , it is a contest betwixt the law and a faction , and a fair step toward a new rebellion . so much for reason of state. now to the justice of their pretences . the quaere is . whether in justice or reason of state the presbyterian party should be rejected and depressed , or protected and incouaged . 't is one thing what the king may do in point of justice , and another thing what the presbyterians may demand upon that score . there is a justice of conscience , honor , and of prudence . by the first : his majesty is ty'd up in common with the meanest of his subjects . that is , if the king find himself in conscience bound to maintain episcopacy in the state he found it , ( legally settled ) he is not free to alter it . in point of honor : there 's more liberty , and whatever the king does in that particular , is well done . but his majesty not having as yet declar'd himself ; what do we know , how far even upon that point he may concern himself to reject the presbyterian's demands ? partly out of reverence to his royal father ; in part , out of a princely strictness to his own dignity : and partly out of a generous tenderness toward his ruin'd party . first , as to what may seem relating to his majesty's father . that which these people urge , is what the late king chose , rather to die , than grant : which in his 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 is intimated in these words . in these two points , the preservation of establish'd religion and laws , i may ( without vanity ) turn the reproach of my sufferings , as to the worlds censure , into the honor of a kind of martyrdom , as to the testimony of my own conscience , the troublers of my kingdoms , having nothing to object against me but this , that i prefer religion and laws established , before these alterations they propounded . every word hath its weight , which fell from the pen of that pious and judicious prince . nor can i over-pass a caution of his learned father's ; when i consider the sum of their proposals , which in effect is but a condemnation of the late king , in the bold , needless justification of themselves . these are the words . as for offences against your own person and authority , since the fault concerneth your self , i remit to your own choice to punish or pardon therein as your heart serveth you , and according to the circumstances of the turn , and the quality of the committer . here would i also eike another crime to be unpardonable , if i should not be thought partial : but the fatherly love i bear you , will make me break the bounds of shame , in opening it unto you . it is then , the false and unreverent writing , or speaking of malicious men against your parents and predecessors . and a little further . it is a thing monstrous to see a man love the child , and hate the parents : as on the other part , the infaming and making ●dious of the parents , is the ready way to bring the son into contempt . and for conclusion of this point , i may also alledge my own experience : for besides the judgments of god , that with mine eyes i have seen fall upon all them that were chief traitors to my parents , i may justly affirm , i never found yet a constant biding by me in all my straits , by any that were of perfect ☞ age in my parents days , but onely , by such as constantly bode by them ; i mean , specially by them , that served the queen my mother ; for so that i discharge my conscience to you , my son , in revealing to you the truth , i care not what any traitor , or treason-allower , think of it . thus far his majesty may find himself concern'd in honour to his fathers ashes , now to his dying counsels . take heed of abetting any factions , or applying to any publick discriminations in matters of religion , contrary to what is in your judgement , and the church well setled . i cannot yet learn that lesson , nor i hope ever will you , that it is safe for a king to gratifie any faction with the perturbation of the laws , in which is wrapt up the publick interest , and the good of the community . what in effect do these people now desire , but that his majesty would rather take their counsel , than his fathers ? in the next page , the king expresses a more than ordinary earnestness , in these words . my counsel and charge to you is , that you seriously consider , the former real or objected miscarriages , which might occasion my troubles , that you may avoid them . herein , his majesty is tacitly conjured against them ; it being a most notorious certainty , that the late king lost both his crown and life by over-granting . the now-pretended cause of the quarrel , was not mentioned till after the war was begun . the colour of raising an army , being to fetch in delinquents . after which ( says his majesty ) among other lesser innovations , this chiefly was urged : the abolition of episcopal , and the establishment of presbyterian government . as to the point of imperial honour , wherein his majesty may possibly concern himself more immediately : it is a high excesse of goodnesse to make his favours common , where they are look'd upon so cheap , ( as here ; witness these daily new transgressions , since his most gracious pardon . ) [ some men ( sayes the late king ) have that height , as to interpret all fair condescendings , as arguments of feebleness , and glory most in an unflexible stiffness , when they see others most supple and inclinable to them . ] there remains yet a third question under this head of honour ; that is , how far his majesties generosity may extend it self , in favour , and protection of those persons that have serv'd him , through all extremities till they have nothing left them beyond the hopes of honourable epitaphs . these people have consciences too ; a sense of duty and religion . they reverence the episcopal order , and that , which through the sites of bishops , was equally wounded : the order of kings . at last , those that subverted the former , and usurped the latter , demand ( i think in reparation of their hazards ) a presbyterian government . in which particular , our duty teaches us not to direct our master : only we take a sober freedome to answer our accusers ; and to professe to all the world , that those who fought for king and bishops , were in our opinion as honest men at least as they that fought against them . to his majesties honourable consideration , i think in this point we may claim a right . we have suffer'd for , and with his royal father , and himself , and the main justice of the cause , betwixt the king and those that serv'd him , is the same thing : so that whoever strikes at vs , wounds our soverein . lastly , there is a justice of prudence , wherein a man may frame a thousand reasons against the encouraging of the presbyterians ▪ not speculative , and airy notions , but close , and pinching reasons , grounded upon weighty authority , and a never-failing course of long experience . ( yet not to dictate to his majesty , to whose will we submit our reasonings ) first , if their desires were modest , the manner yet of promoting them , is too rude and positive ; they preach and print their grievances , which is the way rather to stir a faction , than allay a scruple . lord , ( sayes mr. manton ) give us the liberty of the gospel , before we go hence and be no more seen . ] as if episcopacy , were paganisme . 't is dangerous to grant more , to those that take too much . how do i reverence the divine spirit of his late majesty . the great miscarriage i think is , that popular clamours and fury had been allowed the reputation of zeal , and the publick sence ; so that the study to please some parties , hath indeed injured all . and again ; take such a course as may either with calmness and charity quite remove the seeming differences and offences by impartiality , or so order affairs in point of power , that you shall not need to fear or flatter any faction ; for if ever you stand in need of them , or must stand to their courtesie , you are undone : the serpent will devour the dove : you may never expect lesse of loyalty , justice , or humanity , than from those who ingage into religious rebellion : their interest is always made gods , under the colours of piety , ambitious policies march , not only with greatest security , but applause , as to the populacy ; you may hear from them jacobs voice , but you shall feel they have esaus hands . to what i have said , i shall be bold to add a justice of proportion ; and thereupon two questions . . why should the presbyterians ; a small , irregular party , pretend to give the law to the supreme authority , the established constitution ; and incomparably the greater part of the nation ? . why should those people , that with a more then barbarous rigour press'd the covenant : ejecting , sequestring , imprisoning such as refused to take it , and without mercy or distinction : — those that in publick barr'd non-covenanters , the holy communion in express terms with adulterers , slanderers , and blasphemers , affirming in the pulpit , that all the non-subscribers to the covenant were atheists . — why should ( i say ) those people that with so unlimited a tyranny imposed upon the nation a rebellious league ; to the engagement of their souls in taking it ; their liberties and fortunes in refusing : — i say yet once again ; why should those people now at last demand an interest in that government , which root and branch they have laboured to extirpate ? or with what face can they pretend a right to an authority , where but by mercy they have none to life ? ( i speak of these late libellers and their abettors . ) let me be understood likewise by presbyterians , to intend those of the scottish race , to whom we are beholden for our discipline . that faction first advanced it self by popular tumult and rebellion . knox learned the trick on 't at geneva , and brought it into scotland ; we had our agents too , that did as much for us , these fellows conferr'd notes , set the wheel going , and we were never perfectly quiet since . vpon the whole matter aforegoing ( in the gentleman 's own words ) we firmly build this position , that the presbyterian party , ought not , either in justice or reason of state , in any wise to be encouraged , but rather rejected ; neither ought they to be protected in any inconformity to the law , but rather totally depressed . his second quaere is soon dispatch'd , viz. ii. qu. whether the presbyterian party may be protected and incouraged , and the episcopal not deserted nor dis-obliged . first , many things are possible , which are neither just nor rational ; and therefore it matters not much to allow it the one , if i prove it not to be the other ▪ imagine such a contemperation of episcopal , and presbyterian pretences , as might atone their present disagreements , yet where 's the king ? the interest that 's principal in the concern , is not so much as named in the question . the quarrel was about the militia , not lawn-sleeves , and the royal party is to be taken in , as well as the episcopal . the truth of it is ; this gentleman does not find it convenient at present to move an utter extirpation of bishops : but he proposes that , which granted , would most infallibly produce it . a consociation forsooth , that for the better credit of the project , shall be called a regulated episcopacy , which in good honest english is next door to a tyrannical presbytery . in fine , the episcopal authority is deserted and disobliged by the admittance of a presbyterian competition . yet pardon me , i have found a way to reconcile them , make but these squabling presbyterians , bishops , and the work 's done : as presbyters they are encouraged ; and ( i dare say ) not disobliged , as bishops . the plague of it is , there 's neither justice nor reason of state for 't , and so we are where we were again . we shall make short work too with his third question : for in effect it spells just nothing . iii. qu. whether the upholding of both parties by a just and equal accommodation be not in it self more desireable , and more agreeable to the state of england , than the absolute exalting of the one party , and the total subversion of the other . i must needs take notice here of two mistakes , the one in propriety of language , viz. the vpholding of both parties . one of those parties is not up , and cannot be upheld . the other , shifts the question , and states the difference betwixt the exaltation of the one , and the subversion of the other , when all that we desire is but to keep both where they were , without advancing or depressing either . if they have any title to the interest they challenge , the same had cromwel to the crown . this question must be better stated , before we think it worth an answer . one reflexion now upon the whole . here 's exaltation , — and subversion ; — but not a syllable of toleration : and what 's the reason of all this ? they are afraid that would be granted ; and how should they do then to pick a quarrel ? their way is never to be satisfi'd in conscience , with what the king can give in honor , and reason . ( his sacred majesty's observation ) a grand maxim with them was always to ask something , which in reason and honor must be deny'd , that they might have some colour to refuse all that was in other things granted ; setting peace at as high a rate as the worst effects of war. ] i have cited this already , but every line drawn by that hand deserves to be repeated . to this , there is another end that 's common to the gang , which is , to draw an odium upon one party , and a compassion toward the other . and other end than this do i see none at all , in his absoute exalting , — and total subversion . we covet no change , but desire the contrary . how little soever it may appear to our purpose , 't is very much to theirs , to have the people understand by absolute exalting , — the dangerous and intolerable pride of bishops ; and by their total subversion , on the other side , how sadly the word goes with the professors of the gospel . these trivial appearances have more weight , than commonly the world imagines : 't is not so much ( as hooker says ) how small the spark is that flyeth up , as how apt things about it are to take fire . their business is to stir the affections of the common people , which must be done by means and ways , to wise men , in themselves ridiculous , but in their applications of most desperate effect . i speak in earnest , that very tone they use in preaching ; that fellow-feeling-tone ( as they would have it understood ) is i believe of great use to their business . i have observed the groans that follow the ahi-mee's , and beyond doubt those snivelling affectations are not without their benefit . that 't is a forc'd and acted passion , is evident in this ; they almost all of them use the same emphasis . i would not for my hand let fall a syllable should cast a scandal upon that holy ordinance : and with my soul i reverence the grave and pious clergy . we cannot attribute enough to god ; assume too little to our selves . we cannot be too much afflicted for our sins , nor too sensible of our own unworthiness . yet i suppose a fit christian sorrow may be contain'd within such terms as to reach heaven , without disturbing the congregation . to come to a church-dore , and hear an out-cry , as if a man were cutting for the stone ; and what 's all this , but an afflicted pastor , mourning for those heavy judgments , that hang over the land because of common-prayer : and then the sisters groan so ruthfully , you 'd swear five hundred women were in labour . away with these ostentations of holiness , — but first away with the discourse of them . i must confess , the gentleman hath offered fair , and more i doubt then he can undertake for , were it accepted . what if six presbyterians of seven renounce his moderation , and say he treated without commission : where 's his pacifick coalition then ? 't is for a parity they struggle ; which when they have got , they shall as much contest among themselves to crush again , as ever they did to introduce it . just thus was the king treated ; he was to rule in consociation too , by the advise of his presbyters . and what came on 't ? the factions interfer'd ; the change went round the circle ; and at long-length ; in the place of a most gracious prince , up starts a most tyrannical protector . and yet i verily think , a way might be found out to work upon these people : let the king settle their strict form of discipline ; fill the presbyteries with episcopal divines , and elders of his own party ; i verily believe these very men would be as hot for bishops . i cannot comprehend the temper of that sacrilegious tenderness , that makes men digest bishops lands , and yet forsooth they cannot swallow the sleeves . onely this word . some of the authors i have quoted for episcopacy , ( to deal sincerely ) may be as well produc'd against it . for that , let them look to 't , i am innocent : and my cause clearer for it . they found it for their interest to engage their disciples in many opinions , which for their honor they would not undertake to defend against their equals . i should end here , were i not drawn out beyond my purpose , by a second part from the same hand ; which should not yet divert me from my first intention , could i but save my self , in letting it absolutely alone . by the formalities of title and connexion , it seems related to the former part , further then by some passages in the treatise it appears to be ; whereof some few i am concern'd to examine , and i shall shorten even that little i intend , as much as possible . he calls it — a deliberative discourse , proving , that it is not agreeable to sound reason to prefer the contracted and dividing interest of one party , before the general interest of protestantism , and of the whole kingdom of england , in which the episcopal and presbyterian parties may be happily vnited . we are agreed in all but in the main , and as to that , i have already shew'd , that in the subject of our difference , the presbyterian party ( that is , the kirk-party ) is divided from the protestant : so that unless it can be made out , by the judgment of the reformed churches , that prelacy is antichristian , and that instituted ceremonies are vnlawful ; the author of this deliberation overthrows himself by his own argument , of preferring the general interest of protestantism , before the contracted and dividing interest of one party . we should not take in discipline within the pale of religion , but against that party , which reckons it an essential mark of the church . and let them take their choice , whether it shall be accounted among things indifferent , or necessary . if the former , obey the imposition ; if the latter , let them produce their authority . the foundation being mis-lai'd , the building will hardly stand : or , which is worse , it falls upon the builder . he says , his aim is unity , and truly so is mine ; but vnity in such a composition will never set us right . two may agree in the same point of verity ; but then that truth must for it self be entertain'd , without considering one another . if about any thing material we differ , flie to the judge of truth : the scriptures , and the church : if about less , and common matters , go to the rule of duty , ( in such cases ) the setled law. but i forget my self . it must needs be ( says the deliberator ) the wisdom of this state to smother all dividing factions , and to abolish all partial interests , that the common interest of england may be alone exalted . observation i hope he does not mean , by state , the keepers of the liberties ; if the supreme authority of this nation as it is legally vested in the king , the man has kill'd himself . what are dividing factions , but such parties as start from that common rule the law , which every state is bound upon a principle of policy , and honor , to preserve sacred and inviolable ? the law is but the wisdom treasur'd up of many ages ; — onely an amass of all those lights , which long experience , strict search and industry ; and many consultations of great statesmen , have given to the discovery of our true interest . great reason is there to approve so great authority : and as great shame it were not to avow what we our selves have done ; ( the law being but an universal vote ) beside the penalty of disobedience . how mad then , how ignoble , and how desperate shall we esteem that faction , that breaks through all these bonds of reverence , honor , and prudential security , to force that sanctuary , wherein , as christians , and as men , we have reposed , first , the protection of our religion ; — and then the arbitration of our lives and fortunes . from such dividers , heaven deliver us , first , and then preserve us . all enterprises ( says our author very rationally ) that have their beginning in judgment , and not in passion , are directed to a certain end set up as a mark , and that end is not a business at rovers ; but some particular steady issue of things , certainly or probably apprehended and expected : wherefore let wise men consider the mark where at they level , and to what issue and state of things their actions tend . most certain 't is ; without that mark men go they know not whether . first the end ; then , the way ; is ( i suppose ) the common method of all wise men : and his advice to such , to look before them , might have been spared , they would have don 't without it . now to his business ; but first , i 'le clear the way to 't . the question is , whether the fomenting of these discords , ( viz. in matters of discipline ) do not proceed from a carual design ? and he debates the matter with the episcopalians . here is a numerous party not of the dregs and refuse of the nation , but of the judicious and serious part thereof : what will they do with them ? and how will they order the matter concerning them ? would they destroy them ? i solemnly profess , that i abhor to think so by the generality of the episcopal perswasion : i would disdain to mention such an unreasonable impiety , were it not to shew the inconsiderate and absurd proceedings of an unalterable opposition , as that it cannot drive to any formed end and issue . that protestants should destroy protestants , for dissenting in the point of ceremonies , and sole jurisdiction of bishops , is so dreadful a violation of charity and common honesty , that it is a most uncharitable and dishonest thing to suppose it of them . what then ? would they bear them down , or keep them under hard conditions ? shall all persons that cannot yield exact obedience to ecclesiastical injunctions concerning all the parts of the liturgy , and ceremonies , be suspended and deprived as formerly ? shall ministers of this judgment be cast and kept out of ecclesiastical preferment and employment ? shall all private conferences of godly peaceable christians , for mutual edification , be held unlawful conventicles ? it hath been thought by wise men to be against the rules of government , to hold under a rigid yoke a free people , of such a number and quality , and intermingled in all estates and ranks , and intimately conjoyned with all parts of the body politick , that it is almost impossible to exclude their interest from a considerable share in publick actions . observation we are so often told of this judicious serious party , pray let 's allow them to be a company of very fine gentlemen , and mind our business . i think he says they are numerous too . so were the frogs that came into the king's chamber : and what of that ? in good truth , altogether , it is a very pretty anagram of sedition . if it wants any single circumstance that 's needful to procure a tumult , i am exceedingly mistaken . mark it , here 's number ; conduct , and pretence of right , to embolden , and to fix the multitude . then , to provoke , and heighten them : old sores are rub'd ; they are minded how they were used so long ago ; and hinted yet of worse behind , if they have not a care betimes . what is all this to say ? but gentlemen , you remember how it was with you formerly ; if you have a mind to any more of that , so . but things are well enough yet ; there are those will stand by you that know what they have to do , and enow to make their hearts ake . — vvhy it is against all rule of government , to put this yoke upon a free people . — if the author be within hearing ; he should do well to be his own expositor . in the mean while , compare we the gloss with the text. he speaks now in his own words , which the reader may find by conferring them with the entire matter of the last quotation , to be extracted with the strictest justice to his meaning . here is ( says he ) a numerous party , of the judicious and serious part of the nation : what will they ( the episcopalians ) do with them ? &c. would they destroy them ? &c. i solemnly profess , that i abhor to think so of the generality of the episcopal perswasion , &c. shall they be suspended , and deprived as formerly ? shall all private conferences of godly , peaceable christians , for mutual edification , be held unlawful conventicles ? it hath been thought by wise men to be against the rules of government to hold under a rigid yoke a free people of such a number , and quality . — this is cutting of a man's throat with a whetstone . truly horace his saying would sound very well from this gentleman . — fungor vice cotis , acutum reddere quae ferrum valet , exors ipse secundi . my office is to whet , not cut. to tie him up now to his own philosophy , which is , ( according to his fore-alledg'd position ) that all rational enterprises propose some certain end , unto which end , all wise men conform their mediate actions . if it be so , ( as we are agreed upon it ) then by that very reason which directs him to chuse the means , are we enabled likewise to guess the end . his end , he says , is peace ; and in this treatise he hath chalk'd his way to 't . he 's a wise man , and certainly proceeds in order to the mark he levels at . let him be judge by his own rule . to mind the peevish of old grievances , and in so doing to transport the honest with a just sense of new indignities ; is this the way of peace ? to break a solemn law ; that law that saved the breakers of it ; to abuse the mercy of the prince that made it ; and to traduce the government of his father , whom they themselves destroyed ; and which is worse , to justifie all this : is this the way of peace ? to startle the mad brutish rabble with dangerous apprehensions ; to lay the justice of their cause before them , and when they are ripe for mischief , to shew them men and arms , — is this the way of peace ? — then let me learn which is the way of tumult . shall protestants destroy protestants , ( says he ) for dissenting in the point of ceremonies ? no , but the law shall destroy subjects , for attempting to rule their governors . touching their conventicles , since they fal● in my way , i think of them , as of the painter'● bad god that made a good devil : i take them to be none of the best churches , but for ought i know , they may make excellent — i beg ye onely to observe now , the equity o● these good folks . is it for the service of christ , and the encreas● of his kingdom the church , that so many abl● divines should be debarr'd the use of the lord talents , that so many laborious minister should sit still in silence ; that when christ teacheth us to pray that the lord would thrust forth labourers into his harvest , those labourers should be thrust out of his harvest ? surely this would make a cry in the ears of the lord of the harvest . observation do none of the woes in the gospel belong to this talker of it ? the service of god went merrily on , in the thorough reformation ; did it not ? when not a minister kept his living , but to the hazard of his soul ; and in several places ( where the allowance was small ) neither sacrament nor sermon , for divers years together . but in those days , the covenant kept all in good order . with what a monstrous confidence does this man press a text , which the whole nation knows is clear against him ! and all in scripture-phrase forsooth : ne sine formâ tantum scelus fiat , for the honour of the exploit . these people use religion , as your london-cooks do their pickled barbaries : they garnish with it . it serves for every thing : i know not how it is , but they do 't , because they find the women like it . when the episcopal , and loyal clergy , their wives , children , and families , were swept entirely away by th●t scotch plagve the covenant ; that made no cry sure in the ears of the lord of the harvest . let the great great judge of all the world determine it . if the neglect of brotherly pacification hold on , and the hierarchie resolve upon their own advancement to the highest pitch , one may well conclude , that they make a full reckoning to wear out the presbyterians , and to swallow up their interest , conceiving they are able to effect it by degrees ; and that greater changes than these have been wrought without much ado . let but the meanest soul alive now judge of these mens consciences . ( i speak of those that tumult since the act of pardon ) as deep a forfeiture as ever was made by mortals , the king hath remitted to them . they have cost the nation more then they have left it worth , beside the blood , the grief , and desolation they have brought upon it . this notwithstanding , they have at this instant the self same interest they ever had , as to freedome and safety , and otherwise more : they keep what they got ; beg , and get more ; and are not yet content unlesse they govern too . but this is but another alarm , as who should say ; look to your selves my masters ; lose not an inch , for if you do , they 'l do your business by degrees , by and by , among other concurring advantages , to the great changes queen elizabeth wrought in religion ; he reckons this for one . popery ( sayes he ) being in substance a religion con●rary to what was publickly professed , had no advantage for encrease by publick preaching , or books publickly allowed . observation nothing more certain then that the freedome of the press and pulpit , is sufficient to embroyl the best ordered government in the world. all governments have their disorders and their malecontents : the one makes use of the other , and here 's the ground of all rebellions . some real faults are first found and laid open to the people , which , if in matter of popular freedome , or religion ; so much the stronger is the impression ; the vulgar being natural●y stubborn ; and superstitious . bring it to this , a very little industry carries it on at pleasure . they shall believe impossibilities , act eagerly , they know not what , nor why ; ●nd while they reach at liberty , grasp their own fetters . their unhappiness is , they can ●etter phansy a government without any ●aults , then brook one that hath some . add ●ut to this distemper , licentious pamphlets , ●nd seditious sermons , the world shall never ●eep that people quiet . wherefore since on all hands it is agreed , that printing , and preaching in opposition to a ●ublick establishment , are of so dangerous con●equence , by the force of the gentlemans ●wn rule we ought to hear no more of their discipline from the press or pulpit . observe ●is next coherence . there are now in england thousands of ministers dissatisfied in the hierarchy and ceremonies , who are all competently and many of them eminently learned . they are not generally of light spirits , but steddy and well resolved , and tenderly affected touching their spiritual liberties . observation take notice first , how many , and how resolute they are . that is , take notice again for we have had it exceeding often . his resolute thousands make me think of the tribe● repairing to david . but they are dissatisfied he sayes : it may be 't is because they are no● bishops : yet truly if they be so well resolved methinks they should not be dissatisfi'd with tha● they cannot help . i 'll ask but two questions and i have done . . are any of those tender-conscienc'● thousandsthat are so tenderly affected toward spiritual liberties , those presbyterians that denye● the king the freedome of his own chaplains ? . had any of these eminently learned thousands a hand in the assemblies letter to th● reformed churches of france , the low-countries , &c. — ( as great a schism in learnin● as the other was in religion ) he comes now t● the point indeed . commonly ( sayes he ) those people who try all doctrines by scripture , and are swaye more by its authority than by the ordinanc● and customes of men , do much hesitate and stagger concerning the sole jurisdiction of bishops , the pomp of the hierarchy , and sacred mystical ceremonies of humane institution . and therefore let the episcopal party never look to be rid of these difficulties , till they remove the matters in question , whereat a knowing people are always ready to stumble . go to then , since the gentleman will have it so , grant for dispatch the thing he presses , to wit , — that they do hesitate , and stagger . 't is hard , that when upon a private search , the question hangs in ballance , the casting in the authority of the church , and the great weight of christian charity , should not be yet enough to turn the scale . he that doubts , sins , will not excuse that man , who because he thinks he stands , refuses to take heed of falling . but let him doubt , nay more , let him resolve ; all is but for himself still , not for me . when he comes once to muster up his thousands , and talk of parties , his plea of conscience is gone : and doublesse these violent and publick sticklers for the scrupulous , ( that is in such and such particulars ) are the greatest enemies they have . it casts a scandal upon the very cause of conscience , when those who evidently want it in themselves , plead for it in others . upon this subject , exceedingly well says mr. lloyd in a late treatise of primitive episcopacy , pag. . it becomes not good men to c●nsure us for using th●s● rights and ceremonies , which we are perswaded not to be prohibited by gods law , and both they and we do surely know to be commanded to be used by mans law duly made , which is gods ordinance , to which we must be subject for conscience sake . and a little after — if any will attempt to be authors of combinations , to extort by shew of multitudes and by tumults , the alteration or abrogation of any part of the established laws , civil or ecclesiastical , they will thereby evidently manifest themselves to be but meer pretenders to a tender conscience , and power of godlinesse ; for they that labour to extort a part , if they prevail , must have the whole in their power . and can they that attempt so great robbery , love god , and the power of godlinesse ? by this cursed fruit , we know these to be most vile-hypocrites . now to our adversary . the gentleman desires to clear the presbyterians of being no phanaticks : and we 'll give him the hearing . it is said that the presbyterians promoted the kings return , not out of good will to his majesty , or a love of order , and vnity , but out of fear of being destroy'd by the phanaticks . ] to this i shall say little but that i believe there was more in 't than so . let him argue upon it . the pretended reason of their insincerity seems to me to add much to their reputation in that behalf . for if the phanaticks would destroy them , it is manifest that they are none of them . phanaticks would not destroy themselves willingly . the several various sects will wrangle with each other in verbal contests ; but they never knowingly plotted or banded against each other upon the account of their different opinions , but did all unite in one common principle of pretended liberty of conscience , and in one common cause of vniversal toleration . a pleasant reasoning . a man would think christianity as strong a tye as phanaticisme , and yet we see christians destroy one another . but come to the point . what 's more familiar then for a couple of curs to hunt the same hare , and when they have catch'd her , worry one another for the quarry ? i 'll tell this gentleman a thing now , shall make him take me for a conjurer . i 'll tell him the true reason why those presbyterians help'd his majesty in , that are not quiet now they have him . not for feare of the phanatiques : he made that objection himself for ought i know ; but here ' t is . ( still saving to my self the freedome of interpreting my own words . ) i speak only of those presbyterians that since his maiesties happy return , are yet fomenting of new troubles . the presbyterian faction have been ever constant to the rule and method of doing their own businesse in the kings name ; and this went far with the simple , and well meaning people ; but let not any man believe this interest did their work . the ruin of his blessed majesty , was that unhappy agreement with the covenanters in . after so horrid an expence of time and mony , as gave the greatest benefit imaginable to their interest , and an equal disadvantage to his own . the king by his expence being grown poor and they strong by the delay , was more and more oppressed , till at the last the field was clear'd : he and his party in appearance lost . what did these great pretenders then for the good of king and church , but share the booty , and exercise a power themselves ten thousand times more turkish then ever they called that they had abolished ? what hindered then the settlement of this nation upon its legal basis , ( as they phrase it ) if the good people had but had a mind to it ? who kept the king from his parliament ? — or was he ever nam'd but with relation to the losse of right as well of power . well , but at last , these people take their turns too , and then the king 's a gracious prince again . these factions are of kin to montaignes family , where the son beats the father from generation to generation . now we come near our purpose . look back into the scotch defeat in . not any thing more clear sure , then that the presbyterian party , would they but frankly have closed with the kings tryed friends in that engagement ; without a miracle , they must have carried it . those few they had , did well nigh all that was considerable in the action . see afterward , in , and . how dirtily upon this very accompt , the presbyterian crew treated his majesty : and look quite through their interregnum ; they have observ'd the same indisposition of uniting with the kings party , but still shaking the head , with an alass poor gentleman , at the mention of our persecuted soveraign . not to insist upon english particulars ; they never would joyn with vs to help his majesty , we never refused with them . now comes the mysterie of the reserve . say they , if we can order matters so as to get the king's person in the head of us , and keep out his party , their hands are ty'd by a principle of duty ; our power is enlarged upon an interest of favour , and we can play our game at pleasure . that is ; wee 'l not forget to mind him of his restorers , and now and then a whisper , how debauchd the gentry's grown ; how unfit this man is for trust , that for temper , and a third for conduct . we may then propose the naming of officers , and wee 'r to blame if we forget our selves . by these degrees , and wayes , time , and a little patience will wear them out ; or if it were nothing else , the very poverty we have reduced them to , would make them ●oon contemptible . whereas should we but offer once a general agreement with that party , our design 's spoyl'd , for they 'll be more than we shall well know how to master . that must not be . our interest lyes to take in just so many , as when they have done our work , we may be able to turn out again . so much for that . this is the very soul of the rigid presbyterians . poor worms , where is our charity and regard ( they crye ) to publick tranquillitie , if we reject the sure and only means of concord ? ] observation he should have rather said , where is our providence , if we admit so sure an introduction to confusion ? to comply with one importunity of this nature , is to authorize , and encourage more ; and to please all , is totally impossible . the canons stick in his stomach notably , they force too much , and bring in poperie [ shall not the laity be allow'd to search the scriptures , nor try the doctrines delivered , but acquiesce in what their teachers say without the exercise of their own reasoning , or judgment of discretion ? ] observation yes , let them search the scriptures , as their teachers may the lawes , yet by their leave , the church and bench must interpret them . what difference is there betwixt king james his phanatiques , and king charles his ; save that they ascribe one and the same effect to several causes . both claiming equal certainty , the one , from his judgement of discretion : the other , from divine impulse ? what work shall we have when every taylour shall with his judgement of discretion cut out his own discipline , and set it up for a fashion : when these men and their bibles are alone together ( as hooker sayes ) what phrensies do they not call directions of the spirit ? he comes now to the politicks . it is a chief point of knowledge in those whose work it is to mould and manage a nation according to any order of things , to understand what is the temper of the people , what principles possess and govern them , or considerable parties of them , and to what passe things are already brought among them . observation the more a prince considers this , the lesse will he afford a scotized english presbyterian . by temper he 's ambitious ; and vnthankful ; ever craving ; and never full : govern'd by principles insociable , and cruel . he rates his party , his piety , and his kindnesse , twenty times greater then they are , and rather than confesse that he is out in his reckoning , he shall face any other man down that one on the wrong side of a cipher is lastly , in considering to what passe things are brought among them , he will bethink himself likewise how they came to be so . a state may probably root out such opinions as it conceives to be heterodox and inconvenient , by using great severity in the beginning , when the opinions are but newly sowed in mens minds , and the people are of such a nature , as to abhor dangers , and aim to live securely , and when the nation in generall is devoted to the antient custom of their fore-fathers . but the same course may not be taken when the opinions have been deeply rooted and far spread by long continuance , in a nation of a free spirit , and zealous , and the generality of those , that in a law-sense are called cives , do not detest them . truly in this case , if heterodox opinions cannot be rooted out , the men that publiquely maintain them , must : and the rather , if they be free , and zealous : for there 's the more danger in their further progresse . especially if such opinions prescribe from the successe of treason . for there , even in matters of themselves very allowable , i would not leave the least marque of an approbation . it gives too great an honour to rebellion . provided alwayes that i act at liberty , and free from pre-ingagements . where there is such a real cause of fear , as is here shadow'd to us ; that prince that loves his empires or his honour , must struggle with it betimes : safety , or pleasure , such a people perhaps will be content to allow in exchange for soveraignty : but for the rest , that prince is lost that puts himself on the asking side . it never fayles , this rule : when subjects earnestly presse for more than they ought , they ayme at more yet than they aske . they are already past their duty , and short of their ambition . in such a case as this , rigour is the onely remedy : great aptnesse to forgive is entertain'd with greater pronesse to offend . let it be thought upon ; if any danger , where it lyes : not in the bare conceit of phancy , or dislike , for , or against the matter in dispute , but in the means that give form , growth , and strength to those unquiet motions ; and that assemble those loose scatter'd sparkes into one flame . these instruments are mercenary pulpit-men , and scriblers ; 't is but removing them , and the danger 's over . least he should seem to want a colour for these freedomes , he tells us , that [ the present age being more discerning , all sorts affect a greater liberty of judgement and discourse , than hath been used in former times . ] this we observ'd , but did not till now impute it to discretion . suppose they should grow more and more discerning , and their desires of liberty grow too ; would not these people soon grow wise enough to govern , that are already grown too good to obey ? 't is dangerous trusting of them ; yet he assures us otherwise . this kingdom , after the removing of foundations , is by a marvellous turn re-establish'd upon its antient basis . and verily that which hath wrought the change will settle it ; that which hath brought such things to pass , will keep them where they are , if we do not overlook and sleight it : and what was it , but the consent of the universality , the vote of all england ? observation if all that acted toward this late and blessed change meant to fix here : this needless , ill-timed , and dividing controversie , concerning ceremonies , would have been spared : and those which move the question with such earnestness ; at their prayers , rather than these expostulations . 't is an ill age when theeves arraign the law. that sort of men which ruin'd us , proposes now that very method , by which we were destroyed , to settle us , inviting the distemper'd people by this overture , to take their poysoners for their physicians . 't is very true , that ( under providence ) it was the common vote , and stirring of the nation , restored the king , and the law : and shall we now restrain that universal comfort to the particular advantage of that single party , that first invaded them ? how great a blemish were it to the honor , and wisdom of the nation , after so long , and hard a tugg , to throw away the sum of the contest : as if we had wrangled all this while for shadows ! but to explain my self . they that think matter of ceremony to be the true reason of the difference on either side , mistake themselves . it is the law it self , which is assaulted by the one party , and defended by the other , in the particular of ceremony : and it is the king himself that is affronted in the indignities they cast upon bishops . to leave the matter clear : there is a faction which would over-throw the law , and set up themselves above it ; and these contrivers put the people upon cavilling for ceremonies . they innocently , under a mistake of conscience , advance an interest of usurpation , taking that to be onely a dispute about the lawfulness of the practise , which rationally pinches upon the validity of the power . it ends in this . grant once , that a popular vote may over-rule a stated law , ( though but to the value of a hair ) the vertue of that reason extends to our freedoms , lives , and fortunes , which by the same rule they may take away as well as ceremonies . and ( as the case stands ) kings as well as bishops . but [ seeing this great revolution hath not happened by the prevailing force of one party , but by the unstrained motion of all england : what reason is there , that one party should thrust the other out of its due place of rest ; upon the common foundation ? no reason in the world . the law is our common resting place : the main foundation upon which we are all to bottom . the law is an impartial judge , let that determine which place belongs to bishops , which to presbyters ; what ceremonies are lawful , and which not . this is a short and a sure way , worth forty of his coalition . having pressed union hitherto , he proceeds now to remove certain impediments ; one whereof is an erroneous judgment touching the times foregoing the late wars . observation in truth 't is pity the people are no better instructed . then let them know from me , those very principles these folks contend for , were brought by knox about . from geneva into scotland , from thence they were transmitted into england , since which time , the abettors of them in both nations , have never ceased by leagues , tumults , rebellions , and vsurpations , to embroile the publick peace , and affront the supreme authority . they have formally proceeded to the deposing of princes , the exercise of an absolute authority over the subject : the abrogation of laws , the imposition of taxes ; and , in fine , to all extremities of rigour , as well in matters of civil liberty , as of conscience . he that desires a presbytery , let him but read presbyter , for king , in the first book of samuel , and the eighth chapter , and he shall there find what he is reasonably to expect . these were the pranks foregoing the late wars : and such as these will be again , if people be not the wiser . but our camerade will be none of the party sure : for , i abhor ( says he ) to take upon me the defence of our late distracted times : the distempers thereof i would not in any wise palliate . ] is the wind in that dore ? now do i feel by his pulse , that crofton's laid by the heels . he hath forgot , that the war was between the king , and both houses of parliament . and that the presbyterian party in england never engaged under a less authority than that of both houses of parliament . ] and that presbyterians have never disclaimed , or abandon'd their lawful prince . ] it may be he means , that he will not justifie the distempers of the other side . but why do we contest ? since he tells us , that — it is the part of weak and selfish minds to contract religion to certain modes and forms which stand not by divine right , but by the wills of men , and which are of little efficacy , and very disputable , and if supposed lawful , ought to be governed by the rule of charity . observation i would fain know which is more tolerable ; for the church to impose upon the people , or the people upon the church ? for the people on the one side to exempt all , or for the church on the other side to bind all . order it self is of divine appointment ; but the manner of ordering ( save where god himself hath preimposed ) is left to humane liking and discretion . to think ( says he ) that none is a good christian , a sound protestant , a fit minister , that cannot subscribe to such modes , and forms , proceeds from a narrow , and ignoble judgment . he may be a fit teacher for geneva , that cannot subscribe to the form of england , and a fit minister for england , that cannot conform to the practise of geneva ; they may be both good christians too , and sound protestants ; yet neither of them fit in transposition . 't is one thing to be qualifi'd for the ministerial function , and another thing to be fit for such or such a constitution . 't is true , he officiates as a minister : but thus , — or so — as a subject , and that 's the real ground of their exception . they do not willingly admit the king's authority in matters of the church : and that , which effectually is but their own ambition , they obtrude upon the world , as a high point of tenderness to the people . there are beyond all doubt , weak consciences , fit objects for indulgence : but the less pardonable are their mis-leaders , whose business 't is for their own ends to engage the simple multitude in painful , and inextricable scruples . let them preach down-right treason , stir up the rabble to tumult , and sedition : if they chance to be caught and question'd for it : see with what softness they treat their fellows , and with what supercilious gravity their superiors . when some degree of forwardness breaks forth , it is encountred with that severity which hazards the undoing of the weak part , that should and might be healed . ] and again , to the same effect , ( concerning crofton's commitment , i imagine ) [ but suppose that some of this way were guilty of some provoking forwardness , should grave patriots and wise counsellors thereupon destroy the weak part , or rather heal it ? a prudent father is not so provoked by the stubbornness of a child , as to cast him out , and make him desperate while there is yet hope concerning him . it is meet indeed for princes to express their just indignation , when subjects presuming on their clemency do not contain themselves within their duty ; and the seasonable expression of such disdain , wisely managed , is of great force in government : nevertheless if it get the mastery , it is exceeding perilous . it was the counsel of indignation that proceeded from rehoboam 's young counsellors . ] what this language deserves both from the king and his counsel , let those that have authority to punish , judge . when governors resent the non-compliances of a party , their best remedy is to remove the occasions , when it may be done without crossing the interests of state , or maxims of government . observation that is , if the people will not yield to the prince , the prince should do well to yield to the people . a most excellent way for a king that hath to do with presbyterians : where he shall be sure never to want subject for his humility , nor ever to get thanks for his labour . where there are many sufferers upon a religious account , whether in truth or pretence , there will be a kind of glory in suffering , and sooner or later it may turn to the rulers detriment . observation there will not be many sufferers , where there are not many offenders ; and there will not be many offenders , where an early severity is used . but however , if any hazzard be , he that prints it , dictates , encourages , and promotes it , and deserves to suffer with the foremost . but the gentleman begins now to talk like a christian. i detest ( says he ) and abhor the tumults , and insurrections of the people , and the resisting of the soveraign power . ] observation this is honestly said yet : but hold a little . what is that soveraign power , which he abhorrs should be resisted by the tumults of the people ? even the two houses in co-ordination with the king. a little further , [ i am perswaded ( says he ) that the generality of the presbyterian denomination would endure extremities , before they would revenge or defend themselves by unlawful means , as rebelling against their lawful soveraign . observation this we shall understand too by confronting it , and find it onely the old fallacy , a little better colour'd . this part ( says he ) of the supreme power ( meaning the two houses ) is indeed capable of doing wrong , yet how it might be guilty of rebellion , is more difficult to conceive . ] now if the two houses cannot rebel , as being part of the supreme power ; ( by his argument ) neither can the presbyterians , in compliance with that party : so that by this mis-placing of the supreme authority , whatever hath been acted by vertue of any commission from the two houses , may be done over again , and no rebellion . by this device , he onely disavows rebellion so far as this , or that , is not rebellion according to his proposition , although the law determine otherwise . this is no more then what was ever maintained , even by those that stood themselves upon the highest terms of disobedience . did ever any man say , this is rebellion , and i 'll justifie it ? nay , i should be glad to hear any of them say , this was rebellion , and i 'm sorry for it . [ but it is evident , that the presbyterians love the king , and kingly government , and account themselves happy in his majesty's clemency , allowing them a just and inoffensive liberty in certain matters of conscience . ] observation the presbyterians may find many things to thank his majesty for : but i would they could hit upon a handsomer manner of doing it ; and not perpetually to be craving more , when they should be doing him service for what they have receiv'd already . they love the king , they say , but then their love is conditional , they must have something for it . would they expose themselves for twenty years together , to gaols and gibbets , all sorts of hazzards and misfortunes for their prince , and at the last sit down and sterve contentedly , out of a sense of honorable loyalty ? that subject is not right , who hath not brought his mind up to this frame ; however unhappy he may think himself in such encounters as put him to the trial of his utmost virtue . wise men inform us , that a prince by adhereing to one faction , may in time lift it up above his own imperial interest , which will be forced to give way to it as the lesser to the greater . and the prime leaders of the potent faction will sway more than the prince himself . they will become arrogant , unthankful , and boundless in their ambitious designs . this is a good rule , but ill apply'd ; unless return'd upon himself . i hope he will not call that party a faction , which submits all its actions to the clear letter of the law ; and he will hardly prove that to be none , which crosses this. if so , let common reason judge betwixt us . there is a saying , which by many hath been taken up for a proverb , no bishop , no king. i do not well understand the rise of this saying , and therefore dare not speak in derogation of their judgements who were the authors of it . but upon the matter it self , i crave to make this modest animadversion . and first it is some degrading to the transcendent interest of soveraignty , to affix unto it a necessity of any one partial interest for its support : for independency and self-subsistence , without leaning upon any party , is a prince his strength and glory . also it makes that party over-confident , and its opposite too despondent . such sayings as import a princes necessary dependence on any particular party , may in the mouthes of subjects be too presumptuous , and in the mouth of a prince too unwary . if we are not yet instructed in the weight and reason of that saying , — no bishop , no king ; sure we are past learning any thing . we found the sad truth of this judgment , in the event of the late war ; but that 's no rule . by no bishop no king , is not intended that bishops are the props of royalty , nor do the episcopalians understand it so : but that both one and the other are objects of the same fury , onely the church goes first : so that without presumption , a subject may affirm it ; and without loss of honor , a prince may grant it . i might draw arguments from the agreement of their original , the likeness of their constitution , the principles by which they are supported , and that they lye exposed to the same enemies , and the same method of destruction . but this would seem to imply a more inseverable interest then i aim at ; and raise the clergy above the proper state and orb of subjects . my meaning is more clear and open . all popular factions take the church in their way to the state ; and i am to seek where ever any prince quitted episcopacy , and saved himself . that is , his royal dignity ; for the empty name of king , is but the carkass of majesty . it is with the unruly populacy , as it is with raging tides , they press where the bank is weakest , and in an instant over-run all . if they had either modesty , or conscience , they would not force so far : if they have neither , will they stop there ? what did the late king grant ; or rather , what deny ? till by their mean abuse of his unlimited concessions , he lost his crown , and life ? yet what assurance words could give him , he wanted not : words wrapt up in the most tender and religious forms imaginable . but what are words where a crown lyes at stake ? in fine , treason 's a canker ; and where it seizes , that prince must early cut off the infected part , if he would save the sound . the true church lies in the middle between two extremes , formalists , and fanaticks . they are of circumspect and regular walking , no way forward in attempting or desiring alterations in a civil state. a prince doth hold them in obedience under a double bond . for they know they must needs be subject not only for wrath , but for conscience sake . indeed we will not conceal , that in lawfull wayes they assert that liberty which is setled by the known laws and fundamental constitutions , the maintaining whereof is the prince's as much as the peoples safety . if to be no way forward in promoting changes in the civil state , be a marque of the church : the presbyterians are out of the pale . it 's truth , they are , it seems , assertors of lawfull liberty , in lawfull waies ; but how is that i pray'e ? did they not tell us this when their swords were at our throats , when it was death to assist the king , when they were forc'd to flye to the equitable sense of the law , and quit the literal , and fetch their arguments , from inspiration , because they had none in reason . i shall here put an end to this discourse , which is become much longer already than i meant it , by reason of his addition . crofton's ill fortune i find hath made him wary , but not humble ; for he presses the same things in substance still , though in somewhat a differing manner of respect , and seeming candour . the good words he gives , belong to those persons which he shall vouchsafe to call serious , and to think worthy of them ; and the government is to be moulded , and disposed of as he pleases . finally , he pretends to ayme at a fair , and christian accord , and yet proceeds in a direct method of dividing : by sharp , and scandalous reflections upon the kings party . to say no more , his reasonings are dishonourable to the memory of the late king ; seditious , and provoking to the people ; bold , and imposing in themselves ; repugnant to the established law , and to the main scope of the general pardon . how out of all these ill ingredients should be composed a national , and healing balsome , i shall now give the reader leisure to consider . male imperatur , ubi regit vulgus duces . finis . a catalogue of some books printed for henry brome , at the gun in ivy-lane . the alliance of divine offices , exhibiting all the lyturgies of the church of england since the reformation , by hamon l'estrange esq in fol. the souls conflict , being eight sermons preach'd at oxford , and so much recommended by dr. hewit , in . dr. browns sepulchrall urns and garden of cyrus . in . two essayes of love and marriage in . the royal exchange , a comedy in . by r. brome . five new playes ▪ by r. brome , never before printed , in . poems by the vvits of both universities , in . a treatise of moderation , by mr. gaule , in . st. bonaventures soliloquies , in . mr baxter's treatise of conversion , in . the common law epitomiz'd , with directions how to prosecute and defend personal actions , very usefull for all gentlemen , to which is annexed the nature of a vvrit of errour , and the general proceedings thereupon , in . golden remains by that most learn'd r. stuart d. d. dean of westminster and clerk of the closet to king charles the first , being the last and best monuments that are likely to be made publick , in . mr. sprat's plague of athens , in . jews in america by mr. thorowgood , in . the royal buckler , or a lecture for traytors , in . a view of some late remarkable transactions , leading to the happy government under our gracious soveraign king charles the second , by r. l'estrange esq in . all the songs on the rump in . the pourtraicture of his sacred majesty king charles the second , from his birth . till this present year . being the whole story of his escape at worcester , his travailes and troubles . the covenant discarged by john russel , in . the compleat art of vvater-drawing in . mr. boys his translation of the th . book of virgil in . mr. walwin's sermon on the happy return of king charles the second . a perfect discovery of vvitchcraft , very profitable to be read by all sorts of people , especially judges of assize before they passe sentence on condemned persons for witches , in . a short view of the lives of the illustrious princes , henry duke of gloucester , and mary princess of orange deceased , by t. m. esq in . aeneas his voyage from troy to italy ; an essay upon the third book of virgil , by i. boys , esq in . trapp on the major prophets , in fol. songs and other poems , by a. brome , gent. mr. grenfeilds loyal sermon before the parliament . a caveat for the cavaliers . a modest plea both for the caveat and author , by r. l'estrange esq the history of portugall in . cases of conscience , in the late rebellion resolved by w. lyford b. d. minister of sherburn in dorsetshire . notes, typically marginal, from the original text notes for div a -e dowglas his coronation sermon , page . notes for div a -e j. c. page . douglas . * epistle to the reader . marshall . * epistle to the reader . presbyterian regulation . exact collections , pag. . page . observation . page . observation . his majesty's speech for hastning the act of indempnity . his majesty's speech at the passing the act of indempnity . page . observation . page . page . page . * english and scotch presbytery , pag. . * hist. of the ch. of scotl. p. . the presbyterians practical ministery . pag. . observation . presbyterian liberty . page . page . the consequents of presbyterian liberty . page . observation . page . page . * note . crofton . page . page . presbytery antimonarchical . the two houses have no coercive power over the king. the covenant an oath of confederacy . * note . the covenant neither lawful nor binding . pag. . observation . some honest presbyterians . page . page . ibid. page . page . page . presbyterians seditious and impenitent . page . the two houses , not the parliament . the legislative power in the king. the two houses no court of judicature . presbyters serve king and bishops alike . exact col. . page . page . presbyterian loyalty . bodin . de rep. lib. . cap. . de rep. lib. . cap. . lib. . cap. . ibid. pag. . page . presbyterian positions . page . prelacy a more orderly constitution than presbytery . rom. . . page . page . ibid. observation . rellquiae sacrae corolinae . page . page . page . * note . * note . page . note . page . exact collections . pag. . history of independency . page . page . page . observation . page . page . page . page . observation . page . page . ibid. toleration . page . page . observation . page . observ. significant ceremonies not sacred . ibid. observation . ecclesiast . polit . lib. . sect. . ecclesiast . polity lib. . sect. . * the eunomian hereticks in dishonor of the blessed trinity , brought in the laying on of water but once , to cross the custom of the chur. which in baptism did it thrice . page . can. . eccles. polit . lib. . sect. . page . page . observation . page . observation . page . page . can. . observ. canonical subscription defended . page . * the late kings declaration concerning scotland , page . page . x] can. . y] can. . page . observation . page . observation . * pa. . page . page . observation . page . a voluntary conscience . pa. . observ. ibid. observ. bibliotheca regia , p. . his majestys protestation . page . page . pag. . observation . pag. . ibid. observation . english & scotch presbyterians no protestants . l' interest des princes discours . . puritan-protestants . page . observation . page . observation . pag. . observation . page . ibid. page . observation . page . part . . apol. confess : per pap. pag. . de reform . adver . eccles . pag. . bez. cont . sarav . p. . * note . calvin epist. pag. . scripta anglicana , p. . h. l. s. his affinity of sacred liturgies . pag. . cap. . cap. . act. . act. . act. . act. . cap. . the rise of presbytery . the process of presbytery . dangerous positions , pag. . dangerous pos. pag. . dangerous pos. pag. . dangerous pos. pag. . pag. . pag. . pag. . dangerous pos. pag. . pag. . presbyters doctr. concerning kings . knox to engl. and scotl. fol. . gilby obedience , p. . register , p. . goodman , p. . spotswoods history of the chur. of scotl. p. . scots plea p. . kings declaration concerning scotland , p. . ibid. p. . bancroft , p. . king's declaration , . ibid. . ibid. knox. bancroft pag. . ibid. p. . admon . . cartwright . holy discipline , pag. . ibid. . ibid. ib. . inter. of engl. part. . p. . * by which term they difference their classical approbation , from episcopal ordination . * inter. of engl. par. . p. ● . the reformers way of petitioning . holy discipline , p. . bancroft's dangerous posit . p. . ibid. p. . ibid. p. . inter. of engl. p. . ibid. bancroft pag. . ibid. . p● . ● . inter. of engl. p. . positions of the conventicle at glasgow , an. . presbytery tyrannous to the people . bancroft p. . ibid. p. . presbyters persecutors of k. james . k. james his works : pag. . ibib. p. . the antiquity of phanaticks . reasons against coalition . justice of conscience . justice of honor. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . pag. . k. james his works , p. . the late kings counsels . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . page . ib. p. . ib. p. . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . pag. . ibid. pag. . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . page . ib. p. . the late kings declaration concerning scotland . pag. . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . pag. . observation . page . the best rule of interest is the law. page . observation . page . page . the presbyterian method of making peace . page . page . observation . page . page . chr. . page . observation . page . ibid. observation . the presbyterians do their own business in the kings name . page . page . page . page . observ. page observation . page . page . observation . page . page . interest of england . part . page . part . page . ibid. . page . pag. . observation . page . page . page . page . page . interest of england . page , ibid. . page . interest of england . page . pag. . observation . pag. . observation . page . observation . ordered by the lords and commons assembled in parsliament [sic], that in regard of the late contempt of fellows, officers, and members of colledges in oxford to the authority of parliament, the visitors do send a new summons england and wales. parliament. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing e ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) ordered by the lords and commons assembled in parsliament [sic], that in regard of the late contempt of fellows, officers, and members of colledges in oxford to the authority of parliament, the visitors do send a new summons england and wales. parliament. broadside. s.n., [london? : ] at head of sheet: die veneris . april. . signed: ioh. browne, cleric. parliamentorum. reproduction of the original in the bodleian library. eng university of oxford. great britain -- history -- civil war, - . great britain -- politics and government -- - . a r (wing e ). civilwar no ordered by the lords and commons assembled in parsliament [sic], that in regard of the late contempt of fellows, officers, and members of co england and wales. parliament f the rate of defects per , words puts this text in the f category of texts with or more defects per , words. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion die veneris . april . . ordered by the lords and commons assembled in parsliament , that in regard of the late contempt of fellows , officers , and members of colledges in oxford to the authority of parliament , the visitors do send a new summons for all fellows , officers , ●●d members of the severall colledges and halls , and if they do not ●●peare , or appearing shall not submit to the authority of parliament the visitation : that then the visitors shall have power to suspend ●●r the present , and to certifie the same to the committee of lords ●●d commons for reformation of the vniversitie of oxford , who ●pon the certificate thereof shall have power to remove , and deprive ●●em from their places in their respective colledges and halls : and to ●●pell them from the vniversitie : and upon certificate thereof from the ●●id committee , the heads of houses in their respective colledges , ●nd halls , with the visitours , shall put others in their places . ordered by the lords and commons assembled in parliament , that the order above written be forthwith printed : and that the vi●●tours of the vniversitie of oxford do publish the same in the vniver●●tie of oxford . ordered by the lords and commons assembled in parliament , that the bursers and treasurers of the colledges in oxford shall re●aine and keepe such monies as they have received without making ●ny dividend , untill they shall receive order from the committee of ●ords and commons for reformation of the vniversitie of oxford : ●●d that from henceforth all tenants , and such others as are to pay 〈◊〉 money , or other duties to any colledge in the vniversitie of ox●●rd , shall pay the same to the heads of houses appointed by authority of parliament respectively , or to those whom they shall appoint ●o receive the same , and to no other . and that the acquittance or acquitances of such heads of houses , or of such as they shall appoint to receive the same , shall be a sufficient warrant and discharge to the severall tenants for the payment thereof accordingly : notwithstanding any condition in their leases to the contrary . 〈…〉 die sabbathi, aprilis, . ordered by the commons assembled in parliament, that upon any action or suit commenced before the lords commissioners of the great-seal, ... england and wales. parliament. house of commons. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e a thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) die sabbathi, aprilis, . ordered by the commons assembled in parliament, that upon any action or suit commenced before the lords commissioners of the great-seal, ... england and wales. parliament. house of commons. sheet ([ ] p.) printed for edward husband, printer to the honourable house of commons, london : april . . title from caption and opening lines of text. order to print dated: die lunæ, aprillis, . signed: hen: scobell, cleric. parliament. reproduction of the original in the british library. eng great britain -- history -- commonwealth and protectorate, - -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no die sabbathi, aprilis, . ordered by the commons assembled in parliament, that upon any action or suit commenced before the lords comm england and wales. parliament. a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion die sabbathi , aprilis , . ordered by the commons assembled in parliament , that upon any action or suit commenced before the lords commissioners of the great-seal , or in any the courts of westminster , against any member of parliament ; the said lords commissioners , iudges and barons of the several courts respectively , or any one of them , shall by writing under his or their hands and seals , give notice thereof to every such member ; whereupon the member is enjoyned to give appearance , and proceed as other defendants in case of like suits or actions ought to do ; or in default thereof , both their estates and persons shall be lyable to any proceeding in law or equity , as other members of this commonwealth . hen : scobell , cleric . parliamenti . die lunae , aprilis , . ordered by the commons assembled in parliament , that the vote passed on saturday last , concerning proceeding at law against members of this house be forthwith printed and published . hen : scobell , cleric . parliamenti . london , printed for edward husband , printer to the honorable house of commons , april . . at a common councel holden in the guild-hall london on vvednesday the th of december, . city of london (england). court of common council. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing l m thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) at a common councel holden in the guild-hall london on vvednesday the th of december, . city of london (england). court of common council. alleyne, thomas, sir, fl. . sheet ([ ] p.) printed by james flesher, printer to the honourable city of london, [london] : [ ] aleyn mayor = sir thomas alleyne, mayor of london in - . an order of the common council, for preserving the peace of the city at the forthcoming meeting of parliament. publication date from wing. annotation on thomason copy: "xber [i.e. december]. ". reproduction of the original in the british library. eng england and wales. -- parliament -- early works to . london (england) -- history -- th century -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no aleyn mayor. at a common councel holden in the guild-hall london on vvednesday the th of december, . city of london a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion aleyn blazon or coat of arms mayor . at a common councel holden in the guild-hall london on wednesday the th of december , . whereas this court upon the hearing of the report made by the committee appointed to confer with the lord fleetewood touching the safety and peace of this city , have received information ( amongst other things ) that a parliament shall be called with all convenient speed for the settlement of this nation ; and thereon to act without any disturbance from the army : it is therefore ordered by this court , that every member thereof do repair to the several housholders within their respective wards and precincts , requiring them to use all diligence to prevent all commotions , and to preserve the peace of this city , and in order to their own defence and the safety of the city , to come forth when by the lord mayor and sheriffs of this city they shall be commanded : and this court doth hereby most strictly require and command all masters of families within this city , to keep in their sons , apprentices and other servants , to forbear any meetings and concourse in the streets in any tumultuous way whereby the peace of this city may be disturbed : and this court do hereby declare , that they are fully resolved ( by gods assistance ) by all lawful means to defend themselves and this city to their utmost , against all persons whatsoever , that on any pretence shall disturbe the peace of this city . sadler . printed by james flesher , printer to the honourable city of london . mercurius publicus: comprising the sum of forraign intelligence ...[no. ( aug- aug )] mercurius publicus (london, england : ) this text is an enriched version of the tcp digital transcription a of text in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a thomason e _ ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]; :e [ ]; :e [ ]; :e [ ]; :e [ ], etc) mercurius publicus: comprising the sum of forraign intelligence ...[no. ( aug- aug )] mercurius publicus (london, england : ) muddiman, henry, fl. - , editor. dury, giles editor. newcomb, thomas, d. or , publisher. v. began with numb. ( dec. - jan. ); ceased with numb. ( - aug. ). printed by tho. newcomb, london : title from caption. subtitle varies: , "... comprising the sum of forraign intelligence"; - , "... comprising the sum of all affairs now in agitation." by henry muddiman and giles dury. cf. nelson and seccombe. printed variously by: john macock, thomas newcomb, richard hodgkinson, d. maxwell, peter lillicrap, james cottrell. description based on: numb. . numb. ( - oct. ) is a second copy of the parliamentary intelligencer for those dates, mistakenly titled mercurius publicus. thomason collection does not have complete run. reels listed in chronological order of serial publication; holdings dispersed throughout collection. reproduction of the originals in the british library. enumeration begins again at numb. annually. no issue numbered in , no issue numbered in ; chronology is continuous. eng great britain -- politics and government -- - -- periodicals. great britain -- history -- charles ii, - -- periodicals. europe -- history -- - -- periodicals. a (thomason e _ ). civilwar no mercurius publicus: comprising the sum of forraign intelligence ... [no. ( aug- aug )]. anon. d the rate of defects per , words puts this text in the d category of texts with between and defects per , words. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - ali jakobson sampled and proofread - ali jakobson text and markup reviewed and edited - pfs batch review (qc) and xml conversion numb. mercurius publicus , comprising the sum of forraign intelligence : with the affairs now in agitation in england , scotland , and ireland . for information of the people . published by order . from thursday august . to thursday august . . white-hall . this following address was presented to his majesty , in the closet at white-hall , on friday the tenth of august , . by george wilde doctor of divinity , accompanyed with sir william haward knight , gentleman in ordinary of his majesties privie chamber , and these of the clergie , doctor pearson , rich. randall , tho. mulcaster , tho. packenham , edw. lorkin , and jo. worthington . to the kings most excellent majesty . the most humble and joyful congratulatory address of divers rectors , vicars , and others of the clergy in the county of surrey . may it please your most excellent majesty . the present mercies we enjoy through the infinite go●dness and bounty of our god , are wonderful in our eyes ! no power but omnipotency could extricate us out of those woful confusions , and lamentable labyrinths of ruine , into which our national and personal sins had so deeply and deservedly plunged us . for whereas we were not long since despairing of ever beholding your majesties blessed face in peace , and our troubled thoughts were , that there was no path for your majesty to walk unto your royal throne but blood and fire , and pillars of smoke ; lo , now to our very amazement , it hath pleased the great king of heaven and earth [ of whom your majesties person is an express image , and lively character in your kingly power and soveraigne authority ] to make way thereunto without shedding in the field one drop of precious christian blood . nay , he hath caused those very swords , which were lately unnaturally and violently drawn against the life of your most excellent majesty , to be ready and willing to be drawn now for you , and hath constrained your most implacable enemies to submit to your majesties mercy . and now we hope , that as the lord hath sweetly enclined your majesties heart , like your father of ever blessed memory , to pass by every insolency committed against your princely sacred person : so he will give every misled and undutiful subject a relenting spirit , to mourn heartily for their wicked disloyalties , and to supplicate as to god's infinite mercy , so likewise for your majesties most gracious pardon , which as we humbly begg'd by the late act of the commons in parliament ; so we do by this our address signifie our joyful acceptance thereof at your majesties most clement and gracious hands . and henceforth we shall strive in our prayers with the most high god , to grant to every soul within your majesties dominions , true grace to manifest their fear of him , by their honour and obedience towards you . and as we heartily desire to shew our selves your dutiful subjects , so we do not doubt of finding your majesty an indulgent nursing father , to carry us in your bosom , to cover us with your wings of protect●on , to rule us with your scepter of righteousness , to defend us with your sword of might , to lead us by your most holy princely ex●mple to all piety and vertue , that we may be an happy people under a most blessed and glorious king . and now the mighty counsellor from above inspire your majesties royal heart , and make you as wise as a glorious angel , that you may discern between good and evil , and be able with your great wisdom , to heal the sores , and cures the wounds of these your distracted kingdoms ; that you may with an invincible courage , under god , instrumentally finish the great and miraculous work that he hath begun for your majesty and your people , in restoring your royal person to all your hereditary and due rights ; your parliaments to their known priviledge ; your subjects to their charters and just liberties ; the chu●ch and clergie to their ●andient leg●l government , or●er , beauty , dignity , and splendor ▪ that all posterities to come , as well as this present generation , may rise up to call you charles the blessed king . now the lord love you , delight in you , give you length of days , with an un-interrupted prosperity , protect your sacred person from all secret conspiracies , discover and convert your enemies , increase and multiply your friends , set your throne in the hearts of all your people , bless your government ; and when your majesties long and most happy reign shall expire , grant that there may not be wanting u●e of the royal l●●e to sit on your throne after you , and receive your immortal soul into his heavenly kingdom , there to wear an immarcelcible crown of glory . this is , and shall be the continual , hearty , zealous , fervent , loyal prayer of us your majesties most faithful , most obedient , and most loving subjects , thomas turner , rector of fetcham . s. t. d. john hacket , rector of cheame . s. t. d. george wilde , l l. d. &c. john pearson , d. d. ralph cooke rector of burstow , s. t. d john harris , s. t. b. and many others . westminster . that noble and accomplished person francis lord newport , baron of high-arcal ( who with his whole family hath done and suffered so much for his majesty , as well out , as in the tower of london ) is now made governour of his majesties castle at lualow , where his lordships own company of foot are assign'd , besides what other command his lordship hath over the county . advertisements . an expedient for taking away all impositions , and for raising a revenue without taxes . by francis cradock merchant . printed for henry scile , his majesties stationer . an hawking bagg , wherein was some small linnen , a letter-case , and letters , with other writings , was lost neer grantham , in lincolnshire , if any have found it , and bring it to the george at stanford , or to the naggs head in james's street covent garden , he shall receive ten pounds for his pains . we are commanded to give notice again , that his majesty for divers weighty reasons as well as the extraordinary heat of the season ) will forbear touching any more of those who have the evil , till further order ; of which we shall give you timely advertisement . we must now acquaint you with a particular from ireland , which had we it not from unquestionable credit , we should not mention . in the town of dundalkchin ( ●n english castle-town ) in the county of louth , there is a chief and very ancient seat belonging to the noble family of bellew , sir christopher bellew being the four and twentieth knight of that family lineally descended , all faithful subjects to the crown . about this house and town were many ash-trees , wherein many thousand rooks did constantly breed , but when the late troubles began , about eighteen years since , all the rooks quitted the place , which had been their constant habitation winter and summer , for above three hundred years , and were never since discovered in that place till the end of april last ( when our gracious soveraign's restauration was visible ) at which time many thousand rooks came again to the same place , though the trees were most of them cut down ; where for want of trees to rest on , the greater part sa●e upon hedges , and banks of ditches , spreading themselves upon the mote-hill , whereof all the c●untry took notice , and remembring when they fled , concluded their return to be an omen of his majesties speedy and happy restauration . whereas the enemies of episcopacy have traduc'd george baker , ( chaplain to the late primate of ireland , and now elect bishop of waterford ) as gu●lty of some misdemeanors in preaching a funeral sermon in st margarets , westminster , at the funeral of mr. christopher walker , ●● which church the said mr. baker never preached , nor was there present that day : the certificate of the inhabitants of st margarets westminster . whereas at the funeral of m. christoph . walker late of s. margarets westminster , deceased , solemniz'd at the said church july last , there was a sermon then preached by mr. baker of maribone . we whose names are hereunto subscribed do testifie , that we were present at the preaching of the said sermon , & that m. baker of maribone did preach the same , and not m. geo. baker , chaplain to the late lord primate of armach , as hath bin slanderously reported . in testimony whereof we have hereunto put our hands this fourth day of august . tho. kirk , bryan barnaby , adam prince , john belchamber , bartholomew pylman , will . blagrave , tho. kirke junior , george walker , joyce walker , widow of the deceased . london . you may remember when the rump last lifted up it self , a person adventured to blot out that monstrous inscription which the bloody rumpers had caused to be set over the place where stood the statue of that glorious martyr king charles the first ; several persons assumed that honest enterprise to themselves , as there will never want such as will own a good action when crown'd with success : know therefore , that it was mr. michael darby now painter to the company of mercers , who hearing how three eminent members of that society were troubled to behold that infamous superscription : the said mr. darby freely offered himself to blot it out , engaging to do it , before he slept , and accordingly performed it at a full afternoon exchange time ; who as soon as he had fin●shed it , with a loudly voice said , god save king charls the second ; for which act of loyalty he hath had the honour to beautifie the statues of our gracious king and his glorious father , with the in●criptions under written . carolus primus . monarcharum mag. britanniae secundus , franciae & hiberniae rex , martyr ad coelum missus penultimo , jan. anno dom. mdcxlviii . the scepter in his right hand , a church in his left arm , a globe at his left foot , and on his shield , magna charta . carolus secundus . monarcharum mag. britanniae tertius , franciae & hibernia rex , aetat. suae anno. tricessimo , regni duodecimo , restaurationis primo , anno dom. mdclx . the scepter in his right hand , in his left the globe , and on his shield , amnestia . from lempster . major theophilus hart , major to the earl of sandwich drew together four troops of horse of his lordships regiment neer litchfield , where after he had at large declared the weight and importance of a solemn oath , he tendred to them the oaths of allegiance and supremacy , which they all took with very much alacrity . thence he rode to the other two troops then at kedderminster , where after the like exhortation , they all with like cheerfulness took the foresaid oaths . hamburg , august . last night a little before the gates of this city were shut up , arrived here christina queen of sweden , with a great train of followers , it is said she intends to make some stay here , but of that there is no certainty . the consederate forces in holstein and pomerania ( as the report goeth ) are like to lie yet a moneth longer in their quarters . letters from copenhagen intimate , that affairs were put there into a quiet posture , the danes being now at some ease , since the swedes have quitted their islands , and are all gone over into schonen , whose transportation being much furthered by the holland vice admiral de ruyter , his majesty of denmark hath given him many thanks , besides a noble present . this vice admiral is now in readiness to repair with his fleet into holland with the first opportunity . they w●●e from dantzick , that the several ratifications of peace were brought thither , but were not yetmutally interchanged . the plague beg●ns to be brief again in those parts , on saturday the instant , his majesty gave his royal assent to an act for the continuation of the levying and payment of the imposition called excise ( as also all arrears thereof from farmers since . and from merchants and other persons since march . . ) by and to nathaniel manton , benjamin goodwin , thomas lenthal , and edward wingate esquires , appointed commissioners for the grand e●cise , from the of august . inclusively to the of december next following . the ●ame act doth appoint sir rich. brown , sir will. dawley , iohn bi●ch , will . prynne , edward king , and robert scawen esquires , commissioners for appeals and regulating the excise . provided all sorts of oyls , wines , tobacco's of the english plantations , silks , tapes , inckles , linnens , pan-tiles , playing cards , girdles , and cabinets of all sorts , copperice , hops , lace , imported after the of iuly , be discharged of that duty . riga in lie●land , july . the duke of courland having been magnificently treated by our governor and magistrates , departed hence the seventh of this month with all his family and retinue to go for libaw ; he was met and received by the way by a captain , in the head of a troop of horse . advertisement . most excellent and approved dentrifices , to scowre and cleanse the tee●h making them white as ivory , preserves from the tooth-ach , so that being constantly used , the parties using it , are never troubled with the tooth-ach ? it fastens the teeth , sweetens the breath , and preserves the gums and mouth from cankets and imposthumes , and being beaten to powder , and drunk in wine , or any other drink , is a good remedy for any flux or lask . invented and made by robert turner , the onely author of them , and are onely to be had at the house of thomas rookes , stationer , at the holy lamb at the east-end of st. pauls church , near the school , in sealed papers . lost out of a pasture-ground from lathbury by newport pagnel , the tenth of august , a black gelding of henry andrews esq about fifteen hands high , six years old , blows more then ordinary in his trotting : if any can give notice to mr. anthony bercher at the black swan in cheapside , or to mr. richard fooks in newport-pagnel , they shall be well satisfied . a white gelding about fourteen handfuls high , ten years old , somewhat hollow ey'd , a coller-gall cross his breast , a little heated in the f●refeet , hath all his paces compleat , stollen or strayed from the marsh near fox-hall , on thursday night the sixteenth instant : if any one can give notice to mr. tho. spence at the grass-hopper in the strand , an upholster or to mr. hendricks at the portcullis and swan at lambeth , he shall have twenty shillings for his pains . from candia , july . the bashaw governor of canea , perceiving the time to draw nigh that a siege would be laid to this place , he hath caused all the armes to be taken away from the inhabitants , fearing lest they might keep secret intelligence with the venetians ; he hath likewise shipt away many little and unserviceable persons . from vienna , july . his imperial majesty hath been hunting of stags about gratz , where he killed about of them . his najesty is now to goe with a small retinue into carinthia , and craine , to take homage of those countries , the rest of his followers are to return hither . from upper hungaria it is certified , that the count of serin hath received orders from his imperial majesty to withdraw his forces from the fort of canischa ; but the turkes are not minded to quit transylvania , till those florens , which barchay had raised from the states of that countrey , be repayed them , the most part of which summe he hath disburst upon levies and ammunition for the war , and therefore doth yet desire more of the countrey . the hungarian and the ragozian garrison in great waradin solicits earnestly for a speedy relief , at least , that they could be provided but with or expert gunners , because the turks are fully resolved to lay siege to that place , whereof notice hath been given to his imperial majesty at gratz by a courrier . at the beginning of august his majesty intends to set his journey forwards for carinthia , in order whereunto all necessary provision is made , horses and mules for carriages being appointed to attend his majesty at gratz . the colonels stellmacher , sparre and priami have received orders to advance with their regiments out of bohemia towards lintz , whence it is thought , they will proceed on their march hitherwards , and so for hungaria , where , ( in regard the turkes have sate downe with their maine body before great-woradin ) the imperialists have likewise taken their head-quarters and begin to encampe themselves , being found at their last muster about ratkomatz , to be of the number of ten thousand men , there hath nothing as yet passed between these two armies , save onely , that the parties on both sides doe now and then encounter one another . since our last news from the army , be pleased to take this account of two regiments belonging to two persons of honor ; the first is that regiment , which formerly belonged to col. herbert morley and is now commanded by the right honorable the earl of peterborough , whose capt. lieutenant is benjamin ruddierd , and his lieutenant colonel is that loyal gentleman sir john ogle . captain robert goffe lieutenant william farley major thomas watson lieutenant fil●bert vernatti ensign thomas white captain francis archer lieutenant martin haward ensign edward haward captain thomas adams lieutenant gilbert micher ensign _____ mordant captain william white lieutenant nicholas sheppard captain henry cullingham lieutenant john child ensign cuthbert carre captain henry easterne ensign sir edward richards captain william greenaway lieutenant richard bannister ensign john height captain george salter lieutenant william gellabrown ensign and the other regiment which formerly belonged to col. pury , is now conferred on henry lord herbert , whose captain lieutenant is , tho : nawfan nathaniel cole ensign thomas pury lieutenant colonel john matthews lieutenant edward charleton ensign tho : french major john thomas lieut. alexander coates ensign col. roger whitley , who hath done and suffered sufficiently for his majesty , is captain to captain phillips late company and captain griffantius phillips lieutenant . thomas barnes ensign william coates captain _____ boone lieut : robert dashfield ensign thomas w●llward capt. _____ jeanes lieutenant _____ compton ensign john grove captain thomas jackson lieutenant arnold whiffin ensign edward winter captain of capt. ellis late company . _____ witterne lieutenant henry lester capt. to capt. greens late company . john green lieut. tho : drake ensign richard badeley chirurgeon jenkin david quartermaster and marshal . richard basset capt. of william neast his company . gabriel holmes lieutenant luke thomas ensign advertisement . whereas divers riots have been committed by persons disguis'd in the night , in the forrest of duffeild frith in the county of derby , upon the inheritance of iohn heale esq ( a member of parliament ) and william smith esq both gentlemen of his majesties privy chamber . these are to give notice , that whoever will declare the authors , actors , or abettors of those riots to mr. george gregson of turneditch , or to mr. henry smith of denby neer duffeild , they shall not only be remitted if they were actors , but requited for the discovery , there being a decree in the exchequer , before the lord chief baron ( upon full hearing of council on both sides ) against german poole , george poole , miller , &c. the of july last , and the former decree in the dutchy court confirmed , whereof it was thought fit to give notice that none hereafter may run into future inconveniencies ▪ advertisement . we are desired to give notie that william hall about years old , is run away from his master major dennis and hath taken with him the sum of pounds . he is in footmans habit of grey serge , edged with red , brown haire curld , not very long , and of pale complexion . if any can give notice of him , they may leave word with mr. samuel mearne his majesties book-binder in little brittaine , and they shall be thankfully rewarded . from argileshire in scotland aug. . . here is very much rejoycing at the imprisonment of the marquess of argile : for though this country bears his name , there are too many families which he hath endeavored to ruine , the woful experience whereof will be evidenced by the clandowgals , clan leans , mac donnals , and mac waughtons , besides the unnatural and unhumane usage of many hundred poor souls sent by him into the island of jura , where they all perished . whether he hath practised murther , and taking possession , you will hear ere long : i assure you that thousands are glad of what is done , who , although you yet have not their hands in this letter , yet neither hands nor hearts will be wanting to preserve his majesties peace in argileshire against all opposers whatsoever . hull . his majestie having been pleased to constitute the lord belasyse lord lieutenant of the east ryding in yorkshire , his lordship summoned the countrey to appear before him at beverley the . of this instant august , together with his deputy-lieutenants , justices of the peace , and chief constables ; where being met , they gave order for the raising the trained bands , being . men , into three gallant regiments , commanded by sir francis boynton , sir john hotham , and mr. wharton , as colonels ; and sir robert hilliard commands the horse . these will all muster ( in bodies ) before his lordship within fifteen days after their harvest is over ; the example whereof will be of great consequence to other counties , towards the settlement of the ancient legal way of trained bands for the security of the kingdom . saturday august . , this afternoon his royal highness the duke of york was pleased to bring with him the duke of gloucester , the duke of albemarle , and several other persons of honor , to the house of his servant captain edmond warcupp in durham yard , to accept the entertainmen● of a c●●●ation . after so many changes of officers in several regiments , you may now take a list of all the officers in his excellencies own regiment , both horse and foot , wherein there is no mutation , his grace having chosen such approved officers as require no alteration . george monck duke of albermarle &c. captain general of all his majesties forces ●n england , scotland and ireland , colonel of a regiment of foot , his captain lieutenant is , john paynter ralph butcher ensigne ethelbert morgan lieut : col . and captain . tho : goodwin lieut : richard rewcastle ensign . francis nichols major and captain john saunders lieu : john cobb ensign john miller captain adjutant general robert cooper li●ut : edward basenet ensign . william downs captain william underhill lieut : michael adderses ensign robert winter capt : james hubbard lieut : john clerk ensign tho. mansfield captain john rook lieut : daniel court ensign john collins captain john harrison lieut. tho. figg . ens . iohn peters capt. william brangman lieu. william mackerith ens . iohn mottlow capt. tho. feiges lieu. iohn balder ens . iohn price chaplain . nich. predy chyturgion rich. collins quartermaster ●nd marshal . his excellencies regiment of horse . philip wilkinson , capt. lieu. iohn maynard cornit . nicholas hudson quartermaster ▪ tho johnson major . john cogan lieut. joh. smith cornet . tho. aldy quartermaster . tho. symnall capt. tho. roper lieut. tho. gallant cornet . hugh whittle q. m. ant. nowers capt. walter partridge lieut. dan. smith cornet . benjamin sergeant q. m. peter wilmot capt. william grout lieut. daniel dalton cornet . joseph hurandal q. m. john paddon capt. tho. buller lieut. john britain cornet . obadiah boole q. m. tho. reeves chyrurgion . yesterday august . ) the gentlemen of the artillery-ground for the city of london , having invited their highnesses the dukes of york and glocester , they were accordingly entertained with the duke of buckingham , at merchant tayle●s hall . sir john robinson lieut. of the tower of london , leading them th●ther from st. pauls church , where they had a sermon . his grace the duke of albemarle &c. is by the special favor of his majesty declared lord lievtenant of the kingdome of ireland . his grace the duke of alheniarle hath sent letters by his majesties command to the english commissioners in scotland to cease any ●●●ther acting as commissioners after the of this instant ●ugust , the government of scotland being to be reduced to its ancient course . his excellency notwithstanding his constant abode at court , hath as constant a watch and eye upon his majesties army , and therefore taking notice that some officers are too often absent from their commands , whereby the wonted discipline of the army will in time be much impaired , and several incident disorders committed by soldiers in the absence of their commanders , hath for prevention thereof sen● orders to the commissiary general of the musters to take care that no troops or companies be mustered , where two commission-officers are not present , who upon examination have not continued at their respective charges ; whereof we are commanded to give notice , that no officer may pretend ignorance . his excellency hath given express order , that no new men officers or soldiers be taken into any troop or company , or continued ( be they of never so antient standing ) that have not or shall not take the oaths of supremacy and allegiance to his majesty ; wherein his excellency is resolved to take strict account , being informed that some new officers and soldiers are privately listed who had not taken the said oaths ; the several muster masters being to pass none but such , whom they are assured have taken the said oaths of supremacy and allegiance . london , printed by john macock , and tho : mewcomb , . his majesties message to the house of commons, february . . his majestie taking notice of a speech, pretending in the title to have been delivered by mr pym in a conference, ... england and wales. sovereign ( - : charles i) this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing c thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) his majesties message to the house of commons, february . . his majestie taking notice of a speech, pretending in the title to have been delivered by mr pym in a conference, ... england and wales. sovereign ( - : charles i) charles i, king of england, - . sheet ([ ] p.) by robert barker, printer to the kings most excellent majestie: and by the assignes of john bill, imprinted at london : [i.e. ] title from caption and opening words of text. with engraved border. reproduction of the original in the british library. eng pym, john, - . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no his majesties message to the house of commons, february . . his majestie taking notice of a speech, pretending in the title to have bee england and wales. sovereign a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion ❧ his majesties message to the house of commons , february . his majestie taking notice of a speech , pretending in the title to have been delivered by mr pym in a conference , and printed by order of the house of commons , in which it is affirmed , that since the stop upon the ports against all irish papists by both houses , many of the chief commanders , now in the head of the rebels , have been suffered to passe by his majesties immediate warrant ; and being very certain of having used extreme caution in the granting of passeports into ireland ; so that he conceives , either this paper not to have been so delivered and printed as it pretends , or this house to have received some mis-information ; his majestie would be resolved , whether this speech were so delivered and printed , and if it were , would have this house to review upon what informations that particular was grounded , that either that may be found upon re-examination to have been false , and both this house and his majestie injured by it ; or that his majestie may know by what means , and by whose fault , his authority hath been so highly abused , as to be made to conduce to the assistance of that rebellion , which he so much detests and abhors , and that he may see himself fully vindicated from all reflections of the least suspicion of that kinde . ¶ imprinted at london by robert barker , printer to the kings most excellent majestie : and by the assignes of john bill . . peace protected, and discontent dis-armed. wherein the seventeen queries (with the addition of three more, postscript-wise) lately published, partly to allay the discontents of some about the late revolution of government, but more especially to guide every mans feet into the way of peace, as well his own, as the publique, are reinforced with replies unto, and animadversions upon, such answers, which some (it seems) have given unto them, to invalidate their purport and intent. together with four new queries superadded. by the author of the said seventeen queries. goodwin, john, ?- . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing g thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) peace protected, and discontent dis-armed. wherein the seventeen queries (with the addition of three more, postscript-wise) lately published, partly to allay the discontents of some about the late revolution of government, but more especially to guide every mans feet into the way of peace, as well his own, as the publique, are reinforced with replies unto, and animadversions upon, such answers, which some (it seems) have given unto them, to invalidate their purport and intent. together with four new queries superadded. by the author of the said seventeen queries. goodwin, john, ?- . goodwin, john, ?- . , - , [ ] p. printed by i. macock, for h. cripps, and l. lloyd, and are to be sold at their shop in popes-head alley., london, : . "to the reader" signed: john goodwin? [sic]. a reprinting and defence of the author's: synkrētismos. annotation on thomason copy: "aprill [ye] th:". reproduction of the original in the british library. eng goodwin, john, ?- . -- synkrētismos -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason e _ ). civilwar no peace protected, and discontent dis-armed.: wherein the seventeen queries (with the addition of three more, postscript-wise) lately publish goodwin, john d the rate of defects per , words puts this text in the d category of texts with between and defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - elspeth healey sampled and proofread - elspeth healey text and markup reviewed and edited - pfs batch review (qc) and xml conversion peace protected , and discontent dis-armed . wherein the seventeen queries ( with the addition of three more , postscript-wise ) lately published , partly to allay the discontents of some about the late revolution of government , but more especially to guide every mans feet into the way of peace , as well his own , as the publique , are reinforced with replies unto , and animadversions upon , such answers , which some ( it seems ) have given unto them , to invalidate their purport and intent . together with four new queries superadded . by the author of the said seventeen queries . every kingdom divided against it self , is brought to desolation . mat. . . the wisdom which is from above is first pure , then peaceable , gentle , and easie to be intreated . james . . {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} ; chrysost. semper enim sunt tumultuosi spiritus , qui regnum christi non bene extolli credunt , nisi aboleantur omnes terrenae potestates . calvin . ad roman . . . — non si quid turbida roma elevet , accedas . persius . london , printed by i. macock , for h. cripps , and l. lloyd , and are to be sold at their shop in popes-head alley . . to the reader . good reader , there were a while since a few queries delivered out with the right hand unto the people of this nation , but it seems that by many they have been received with the left . it was davids complaint , that for his love , men became his adversaries , and rewarded him evil for his good a . and the apostle paul was jealous that he should be looked upon as an enemy by the galathians , for telling and teaching them the truth . yea the lord christ himself , by reason of his familiar and free converse with men , although it were in due order to the saving of their souls , yet purchased unto himself from many , the blot and imputation of being a man gluttonous , and a wine-bibber , a friend of publicans and sinners b . notwithstanding he had this to ballance his loss in this kind ; that his wisdom in such deportments of himself was justified by those , who were capable of the true nature thereof , and of the express and clear tendency in it to those worthy ends projected by it . but wisdom ( saith he ) is justified of her children . i am all thoughts made , that there is no man of a single eye , that can discern any thing in the said queries of an oblique or ignoble tendency , or which comporteth with any end , whereof such a man , who dayly expecteth to appear before the judgment seat of christ , needs to be ashamed ; or which savoureth of any thing in the author , but of a publique spirit , and christian desire to see the jerusalem of his god in the land of his pilgrimage , in peace and prosperity all his days , and in this condition to transmit it to posterity . notwithstanding some , upon consultation had with some froward and seducing oracle , have pretended to see a vision of darkness in those queries , by which they have been admonished , to pronounce this hard sentence against their author , that he is a time-server ; a worshipper of the greatness of this world . if by , time-serving , they mean , a subjecting a mans self to serve with all diligence and faithfulness the common interest of the men of the times , wherein he liveth , as well great , as small , as well high , as low , rich as poor , i plead , guilty , to the indictment : i have ( in this sence ) been a time-server of a long time , well nigh ever since i was capable of such a service . but if by , time-serving , be meant , any unchristian , or unmanlike compliance , either with the head , or tail , of this world , for any secular accommodation or interest of mine own , i can wash my hands in the laver of davids innocency , and with an erect conscience profess and say , they lay to my charge things that i know not . and herein i suppose that all those , who have fully known my principles and practise from the beginning , will be my compurgators . this i confess , that from first to last , i have stood close and fast , by the present authority for the time being , and have contended with the best of the strength of my understanding , for an universal subjection of the nation , in all things lawful , unto it . when there were two authorities conflicting , that of the late king , the other , of the parliament , in which case i judged it not meet , either to neutralize , or amphibolize , i joyned the small strength of my hand with that , which upon consideration i judged best pleadable , and withall most promissory of civil , yea and of religious happiness also unto the land . to this authority i have constantly adhered all along without the least regret , or relenting , not only in the lowest ebb thereof , when its competitress , like a stood , was ready to have overwhelmed it , but likewise under all that hard measure , and those discouraging and sad requitals , wherewith it recompenced all my service and faithfulness unto the interest of it . for as on the one hand , i still was a zealous assertor of this authority , and compelled , as far as my tongue , pen , or example had any compulsive power in them , all sorts of people in the land to submit for conscience sake unto it ; so on the other hand i was as zealously faithful in declaring and asserting the just and lawful bounds of this authority , testifying and perswading it to contain it self within its own sphere , witnessing and protesting , that if it should prove like jordan in the time of harvest , and overflow its banks , this would endanger the cutting off of the waters , and laying the channel of it dry : which thing also we all know is come to pass now some while since . and , though i love not to be too positive in matters of this nature , yet i very much incline to conceive , that one reason why god took no more pleasure in the parliament of the last sitting , was their assuming of a power notoriously incompetent to them , as viz. to make that adultery in parents , which god never made adultery : and that illegitimacy in children , which god never , made such ; yea which common reason and equity might have taught them not to be such . yea in these cases they assumed a power , which we may say ( without the least reflexion of dishonour upon god , or the straitening of his prerogative ) is incompetent unto god himself . for god cannot make things to be such , or such , without that which is essentially and formally requisite to make them such ; he cannot make a man without a reasonable soul , nor a wall white , without whiteness ; nor that to be fraud or deceit , which in the essence of it is honesty and plain dealing ; so neither that to be adultery , which is naturally and essentially an honest and lawful conjunction . if they had repealed the former law , which ( with a like inconsiderateness ) made adulteries of such marriages , which were not solemnized by the clergy ( then so called , ) and the children born in such marriages , illegitimate ; and had only provided by mulcts and penalties , or what other means they judged meet , against all clandestine and unworthy proceedings in the affair , leaving the transaction of the solemnity free for persons of any rank or quality , without making that adultery , which god and the law of nature make an honest and honourable conjunction , or that illegitimacy which these make an honest and blameless propagation , they had done well and worthily . but now by appropriating the business we speak of unto justices of peace , upon the same , or like , account , on which it was before appropriated to the clergy , is to cleave a bad knot with a wedg as bad as it ; and though , not formally or intentionally , yet constructively and consequentially , to claim a power beyond , or above , the power of god himself ; a claim , against which , it was no otherwise like , but that god himself would declare first , or last . men in places of power and authority , can hardly be sufficiently jealous over themselves , lest they conceit their power to be larger and more extensive then it is , or that in the administration and exercise of it they do not entrench upon some or other of the appropriate royalties of god . but my faithfulness in endeavoring to preserve that authority i speak of from dissolution and destruction by it self , and its own exorbitancies , was of so hard a resentment with it , that it did not only quench all remembrance and regard of all those other services , wherein i unfeignedly and with all my might sought to prevent the disturbance and annoyance of it by other men , but further kindled a spirit of unkindness , yea of frowardness , and hard ( that i say not , unjust ) proceedings , in the brest therof , against me . for upon this account i cannot but presume it was , that i was so generally frowned upon , and smitten with the tongue , by this authority ; that some of my writings ( as i was inform'd ) very narrowly escaped the double doom of the hand of the cōmon hangman , and of the fire ; that i was ( to my no small trouble ) time after time summoned before the consistory ( sirnamed , the cōmittee for plundred ministers , ) and this by the procurement , abetment , and contrivance of some of the members themselves of the authority i speak of , that here i was coarsly handled , disgracefully entreated , my accusers , though but few and less considerable , countenanced , my friends , who appeared with me , and for me , neglected ; and that at last i was compelled to drink the cup , prepared only for malignant ministers ( so called in those days , ) being not only sequestred from my living ( the best means i had for the support of my self , wife , and seven children ) but denyed the liberty so much as ●f preaching in my wonted place . nor was there , as far as my memory is able to recollect the terms and circumstances of these high proceedings against me , any ground or reason to this day given by the said committe , of that so severe a sentence awarded against me . this i verily beleeve , that from the first to the last of the sitttng of that parliament , there was no example of any minister in the land who had so constantly , and cordially , and with so much activeness in the promotion of their cause , adhered to them , as was , and is , sufficiently known ( yea and was acknowledged by some of themselves ) that i had done , and upon whom they had so little to charge otherwise , who received the like measure from their hand . i confess that after several years total sequestration ( between four and five as i remember ) the presbyterian interest somewhat damping ( i remember not now upon what revolution , or occasion ) and the person hitherto gratified with the hard measure measured unto me in my sequestration , falling under some parliamentary dislike , with much ado i was again restored to my place in colmanstreet . but ( as the saying was ) jam seges est , ubi troia fuit ; at my return i found only a piece of a skeleton or bare anatomy of those means , which at my enforced departure i left a fair and full body . the chief men upon the place , during my absence , had ( it seems ) irrevocably transferred their devotion-benevolence , together with their devotion it self in hearing , upon him , who had all that while served their turns , and his own , in my pulpit ; who , what he wan in this kind , wears to this day . so that if i should estimate the damage and loss i sustained by the hard measure of my sequestration ( without valuing the disparagement and disrepute accompanying it ) at l . i should ( i beleeve ) cut short the account by the one half . notwithstanding all these grand disobligements , and dragon-like dealings with me , yet did i not behave my self , either frowardly , or faultringly , in that covenant of loyalty and service , wherein god , and mine own judgment and conscience , had engaged me unto the men , who thus requited me . so that if i have been a time-server ( in the sence of my accusers ) i have served very hard masters , from whom i never received any thing for my work or service , but only in some such coyn , wherein paul five times received forty save one of the jews a . nor have i yet ever known , unless by theory , and hear-say , that the great men of the times , have , or have had , so much as the value of the ninth part of a farthing wherewith to reward the services of those who have served them . but i know by experience that they have had rods , yea scorpions , wherewith to chastise their servants without a cause . nor do i now write these things , either out of any effeminate or querulous disposition , or out of a desire , or expectance , that the masters of the present times should repair the breaches made upon me by their predecessors ( the masters of the times lately past ) but rather out of a desire to stop the mouth of that unworthiness , which is opened against me , as if i had thriven in the world so well by serving the times formerly , that still i meant to follow the same occupation . the truth is , that i do intend , and am resolved ( god assisting me ) to serve the present times upon the same account and terms , on which i served the former ; yea and judg my self bound in conscience , both to god , and my generation , so to do . there shall be no more wars in the land , nor bloodsheds , nor tumults , nor plunderings , nor depopulations in my days , no nor yet in the days after me , as far as i shall be able , whilest i live , by my uttermost interposures to prevent them . but as daniel , though free and willing to gratifie king belshazzar in his desire , yet spake thus unto him , let thy gifts be to thy self , and give thy rewards to another b : in like manner , i can , and shall be free and faithful to serve men in authority ( and in them , the nation ) and yet leave them at perfect liberty to dispose , as well their faces , as their places , to whom they please . i desire neither , but in order to their own better service , and the service of those , whom they are bound to serve as well as i : and if they please to deny me both , i shall serve them as well as i can without them . it may be it is a maxim of policy amongst states-men , to make use of their countenances , and opportunities of preferment , as ordinary men make use of their money , who do not bestow or lay it out upon what they have already , but upon what they want , and desire to have , and withall have reason to beleeve that they are not like to have , without it . men of ordinary discretion cannot be offended that rattles and babies should be given unto froward children , to content and keep them quiet : and it is the sence of more then one ( though i am neu●ral in the conjecture ) that the discontent and frowardness of the paul , figuratively so called , in the answer to the second query , might have been way-layed and prevented , by a rattle when time was , put into his hand . they are , or may be , good horses , and good mules , whose mouths may be , though they must be , held with bit and bridle , lest they come near thee , [ viz. with their mouths , to bite and mischief thee , as janius and tremellius gloss the place , psal. . . ] and they ( possibly ) may be none of the worst men for the use and service of a state , whose mouths must be held with golden bits and bridles from falling foul upon them . my great design in giving unto cesar that uttermost of what i know to be cesars , is , that hereby i may purchase {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , so much the better and freer standing , the more equitable liberty , to deny unto cesar , or take from him , that which i know is not his , when ever he assumes it . i have heard it from the mouth of a souldier in our late wars , as a maxim in martial discipline , pay well , and hang well . and job stopt the mouth of his discontented wife , with this demand ; what ? shall we receive good at the hand of god , and shall we not receive evil ? yea god himself by allowing the marriage bed as honourable , invests himself with so much the greater equitableness of power to judg whoremongers and adulterers with severity , heb. . . and if cesar , who ever he be , careth not to be served upon such an account , as that specified , he must wait for his relief until i be dead . for i am resolved to serve him , and yet not to serve him upon any other terms , whilest i live . but ( reader ) i have prefaced above the proportion of the discourse . i have nothing further to inform , but that a friend of mine presenting me with the sight of some brief answers ( sent unto him ) unto my queries lately published , i conceived it might be of some concernment to further satisfaction , briefly to vindicate the truth of what is constructively asserted ( for there is little or nothing asserted formally ) in them , against the allegations suggested in the said answers , which i think are as material , though brief ( at least some of them ) as can readily be made , and withall to add three or four queries more upon a new account . is it not good if peace and truth be in thy days , and mine ; who am thy friend , heart and soul in the truth , john goodwin ? from my study in colemanstreet , london . march . . peace protected , and discontent dis-armed . query i. whether doth not the apostle expresly affirm ( rom. . . ) that the powers that be [ i. whatsoever they be , and however , in respect of second means , compassed , attained , or procured by men , who stand possessed of them ] are ordained by god [ i. orderly , regularly , wisely , & righteously in respect of his providential interposure about the vestment of them , disposed of , and lodged in the persons , whosoever they be , who are the present ministers , or administrators of them ? ] or were not the highest powers in the world , when the apostle spake this , viz. that the powers that be , are {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , ordained of god , vested in nero , not only a monster of men ( as he is commonly termed ) in respect of his bloody cruelty , unnaturall lusts , &c. but likewise advanced to the empire , neither by the orderly way of the suffrage or election of the people , nor yet by the less disorderly way of the choyce of the roman senate , but partly by the wickedness of his mother agrippina , who caused her husband claudius to dis-inherit his own son britannicus , to make way for the adoption of her son , ( this nero ) partly by the over-ruling interposure of the cohorts and rest of the souldiery , the senate ( saith the story ) as men affrighted with amazement , not once contradicting the same ? to this query some answer ; that the powers that be are indeed ordered by god , even when these powers do give their power and strength to the beast , and make war with the lamb . yet have they been , and ought to be in their so doing , witnessed against , by those that are called , and chosen , and faithful , rev. . , . but this answer , . reacheth not the intent or purport of the query . for this querieth not about the unlawful or sinful exercise of any authoritative power ( of which only the answer speaketh , ) or whether this may not , yea and ought not , to be witnessed against by those who are called unto it ; but of the power it self vested in the supreme magistrate , considered simply as power , and as disposed unto him by god . this power ought not to be resisted , or witnessed against , by any person whatsoever ; nor can it be , either resisted , or witnessed against , but by resisting , and witnessing against , the ordinance of god . the kings of the earth , who give their power to the beast , are not to be witnessed against for being kings , nor for their accepting of kingly power ( supposing it duly cast upon them , ) but only for the male-administration of this power . yea the power of the beast himself ( whoever , or whatsoever , be meant by the beast ) whereby he now maketh war against the lamb , but might , if he pleased , employ and use for the lamb , is not to be witnessed against by any man , as being the ordinance of god ; but only the enormous and most desperate abuse of this power in fighting against the lamb , which is the ordinance of the devil . and when the beast by being witnessed against in the wicked exercise of his power , comes through the just judgment of god in putting it into the hearts of his servants to make war against him , to be despoyled and deprived of his power , his power ( properly ) is not resisted by these men , but only the horrid abuse of this power ; which abuse the justice of god judgeth meet to punish , and to prevent for the future , by the utter subversion and ruine of it . and the reason which the apostle gives , why christ shall put down all rule , and all authority and power , before his delivering up the kingdom to god the father , is , because he must reign , till he hath put all his enemies under his feet ( cor. . . . ) which plainly shews , that christ hath no quarrel , no controversie , with , or against , any power , as such , but only as bent and acted in the exercise of it against him . therefore they who clamour , or witness against , any power , simply as such , resist the ordinance of god ; and they who witness against any such power , which is subservient to the affairs of jesus christ in the world , resist not only the ordinance , but the interest also of god , and of the lord jesus christ . query ii. whether is it any way necessary in point of reason , or conscience , that they , who quietly obey , and submit unto the present power , or the persons actually invested with authority over them , should either justifie , approve , or own the termes , method , way , means , or manner , either of their attaining unto , or their investiture with , this authority and power ? or did the apostle paul justifie , or approve of , the way or means by which nero obtained the imperiall dignity , in submiting and appealing unto him , or unto his authoritie , yea or in his injoyning all christians ( as we heard ) to be subject unto him , and this not only for wrath , but for conscience sake b ? or do we ever read in the scriptures , of any person either punished , threatned , or reproved by god , for doing things simply , and in themselves , lawful , at the command , or in obedience unto , any magistrate or person , seated , and setled in authoritie , how unduly so ever advanced to his seate of power ? to this query some judg this a sufficient answer : let the reader judg between the query , and the answer , whether if the one be an harp , the other be not an harrow . we will suppose paul and phelimon engaged , the one by war , the other by faith and prayer , in the work of this present generation . if phelimon conquer , and take the power , paul will expect that phelimon should so behave himself , both in the taking of the power , and in his using of it , as doth become a christian , and the promise he is under , and not so as did nero , or william the conqueror , or others , who went a warfare for themselves , and did so declare it . . the query doth not at all enquire after what manner , or upon what terms , phelimon , upon his conquest , taketh the power , nor doth it suppose him to have taken it orderly , as neither on the other hand doth it suppose the contrary ; but purposely decl●●●th his question as impertinent to the business , which it ( the qu●ry ) desireth to promote . . neither doth it at all query , whether phelimon useth not the power wel , which he hath taken , there having been little or no opportunity to judg of this , when the query was drawn up . but , . the query only interrogates , whether paul may not with a good conscience , quietly submit and subject himself to that power , which phelimon hath taken unto himself , whether he hath taken it orderly and duly , yea , or no . and supposeth , that paul the apostle , the true paul , when he lived , did submit , yea and enjoyn submission unto all christians , unto such a power , which was altogether as disorderly and unworthily taken , as phelimon , with all the assistance of envy or dis-ingenuity , can be imagined to have taken his . but concerning this the answer is profoundly silent . yet , . concerning phelimons , as well taking , as using of the power now vested in him , if we had the true paul , paul the apostle , paul the infallible , in stead of a personated paul , to determine the question , whether phelimon hath done well and like a christian , or otherwise , either in taking , or using his power , we should have cause to reverence his decision , yea though phelimon should fall by it . but in case paul so called shall arbitrate the case against phelimon , unless he can satisfie us that he hath ploughed with the heyfer of paul truly so called , about the grounds of his arbitration , we are judgment and conscience-free from his decisions . . whether phelimons taking the power was any ways repugnant to any promise he was under , is the consideration of another query following , not at all moved in this . . ( and lastly ) if by the work of this present generation , the answer meaneth , either such a work which is incumbent by way of duty upon the present generation , or such a work which is beneficial or commodious for this generation , ( although the former and the latter be materially the same , ) i do not yet understand how paul is engaged , either by faith , or prayer , about it . if we may estimate the work about which he is engaged , by the tenor and tendency of his actings , it is a work as well of sin , as of sorrow , to the present generation . query iii. whether is it not the gracious counsel and intent of god , in declaring , that whatsoever powers be , they are ordained by him ( as we have heard ) and again , that all that are in authority , should be prayed and interceded for , yea and thanks also given for them , &c. whether ( i say ) is it not the gracious intent of god in these , and many other like declarations made by him , to provide for the peace & quiet of states , kingdoms , and common-wealths , by cutting off al occasions and pretexts from the people , of quarrelsome disputes about the rights and titles of those , who are in present possession of the soveraign or ruling powers a ? and do not all they reject this gracious counsell of god against themselves , and against their nation , and labour to defeat it , who set themselves with all their might ( yea , with more might , it is to be feared , then their own ) to raise a spirit of disloyaltie and disobedience in the people , unto the present government and governours , upon pretence , that those who are in power , did by undue and unworthy means possess and invest themselves with it ? the intent of god in that counsel by paul , tim. . , . is that supplications , prayers , and giving of thanks should be used as a first or chief means to carry on the gospel work committed to paul , and by him given in charge to timothy . and all sorts of men , both those in authority , and others , should be interceded for , or given thanks for , as they are opposers , or accepters , of the gospel . and all sorts of those in authority are no more to be given thanks for , then all sorts of men are . . it needs to be no mans doubt but that all the powers of the four first monarchies are all of them vsurpers , even from nimrod , the mighty hunter , who was the first , to the little horn , who hath the eyes of a man , and is the last . . have not the servants of god , who have held forth his testimony concerning their work in their present generation , been always counted movers of sedition , and disobedient to authority , when yet they have walked in the power of the spirit of god ? ezra . . luke . . john . . acts . . although here be words enough , whereof , in respect of their numbers , to make many answers , yet here is no word that savors of any steady , or direct answer to the query . this enquires after these two things ; . whether it was not the gracious intent of god in the two scripture passages there mentioned ( as in many others ) to provide for the peace and quiet of states and commonwealths , by cutting off all occasions and pretexts from the people , of quarrelsom disputes about the rights and titles of those , who are in plenary possession of the present power : . whether all those do not reject this gracious counsell of god against them selves , and their nation , who set them selves to raise a spirit of disloyalty and disobedience in the people , unto the present government , and governours , &c. now the pretended answer speaketh not so much as one word , either negatively , or affirmatively , or by way of distinction , to either of these points ; nor are the particulars thereof any wayes relative to the main businesse intended , either in the present , or in any other of the queries ; nor so considerate in themselves . for , . if all sorts of men , both those in authority , and others , are to be interceded , or given thanks for , as they are opposers , or accepters of the gospell which yet is an il-advised asse●●ion in as much as accepters of the gospel may be interceded for as well , if not rather , as the opposers of the gospell , why do not the men , whose cause the answer pleads , give thanks unto god for those in authority amongst us , who are no opposers , but cordial accepters , of the gospell , instead of murmuring , and venting bitter discontents , with many unchristian and hard sayings against them ? . neither is it true , that those in authority , when faithfull and upright hearted in their trust are no more to be given thanks for , then other men . a though it should be granted , that all the heads of the four first monarchies were vsurpers ( which yet may be the reasonable , at least the tolerable doubt of any man in as much as one of the heads of the first of these monarchies was by god himself represented by an head of gold , dan. . . where likewise it is said , vers. . that god had given him a kingdom , power , and strength , and glory &c. ) but be it ( as i say ) granted that all these heads were usurpers , in respect of their domination over such nations upon whom they made warre without any justifiable ground and cause , oppressing them by force of armes , exercising dominion over them against their wills , &c. yet , . it followeth not from hence that therefore any of the heads of these monarchies should be usurpers in respect of any such kingdomes , territories , or nations , unto the soveraigne● and rules whereof they were called by the free vote or desire of the people ; or , . that all kings or cheif magistrates in the world , who were contemporarie with these monarchies ( respectively ) should be usurpers . for many of these might be ( and some , questionlesse , were ) freely called or chosen by their people into the places and trusts of kingly soveraignty . nor were either saul , or david , or solomon , &c. ( who were kings during the first of the said four monarchies ) usurpers , because kings . ( and lastly ) though it should be granted that the servants of god , who have held forth his testimony concerning their work in their present generation , have been alvvays counted movers of sedition , &c. ( however alwaies is not sufficiently proved by three or four instances , nor can be proved by all the instances that are produced yet this at no hand proveth , either . that all they who have been counted movers of sedition , were the servants of god , witnesse barabbas , theudas , judas of galilee , &c. or , . that all such , who , being by profession , and by common esteem also , and possibly in truth , the servants of god , were counted movers of sedition , were counted such without a cause . and if this misdemeanour had not been incident to professors of christianity , yea & reputed beleevers , doubtlesse the apostle peter would not have cautioned those , whom he calls elect according to the foreknowledg of god the father through sanctification of the spirit a , upon such termes as these ; but let none of you suffer as a murther er , or as a theif , or as an evil doer , or a busy body in other mens matters b. nor should the apostle paul have had any competent occasion in his addresse to the galathians , to have reminded them of sedition , amongst other works of the flesh c . and it is the notion of the generality of our best protestant expositours , that a disposition observed by him in many christians in his dayes to move sedition , and stirr up people against their rulers , occasioned from him that discourse concerning subjection unto rulers and magistrates ; which we find . rom. . . , . &c. calvin upon the place informeth us that there are always some troublesome and tumultuous spirits [ meaning in the church , or amongst christians ] who never think that the kingdom of christ can be duly advanced , unlesse all earthly power be abolished ; nor that they ever enjoy the liberty which he hath given , untill they have shaken off the yoke of all human subjection d . the substance and truth of this observation is confirmed by the pens of many others , and by the experience of all ages . nor , . ( and la●ly ) doth the aforesaid concession suppose , or so much as intimate , that the servants of god , either alwaies or ( indeed ) at any time , were counted movers of sedition , by their fellow-servants , ( the true holy , and faithfull servants of god ) but onely by the wicked and perverse generation of men in the world , unlesse they deserved to be so counted , and were movers of sedition indeed . therefore though sober and zealous christians have frequently been counted movers of sedition without a cause ; yet may it very well stand also , that many christians have been justly so counted , having given too much cause of such an imputation . what the answer meaneth by mens work in their generation ( as likewise by their holding forth gods testimony concerning the same ) i confesse i doe not well understand . certain i am , that praying , supplicateing , interceding , and giving of thanks for all in authority ; and so strengthening the hand of worthy rulers and magistrates , by a peaceable subjection unto them , and by perswading others into the like subjection , is the work ( if by work , we mean , the duty ) of every mans generation . and in this sence of the word work to curse the ruler of a mans people , is the work of no generation . query iv. whether is , or ought , the letter of the law , to be observed in all cases whatsoever ? or is not ratio legis , anima legis , i. e. the reason , or end of the law , the soul of the law , which is in all cases to be preferred before the letter , which is but as the body of it ? yea or hath any law whatsoever any binding force , further then the execution of it , or subjection unto it , are consistent with the publique safety and good a ? or are not such men judges of evil thoughts ( as the scripture speaketh b ) who condemn such persons , as violators or transgressors of the law , who in order to the publique peace and safety , act besides , or contrary to , the letter of the law , and in such cases only , wherein the observance of this letter visibly threateneth the said common peace and safety ? or whether are private men , who know little of , converse little with , state transactions and affairs , the more competent judges , when , or in what cases , the observation of the letter of the law is of a dangerous and threatening import to the publique safety , or such persons , whose dayly residence is in the mount of state-negotiations , and who by the advantage of the ground , where they stand , may very reasonably be conceived to be in a full capacity perfectly to discover and understand on what hinge the publique interest and safety turneth , and what means and interposures are most promising of their procurement , promotion , and establishment ? the dis-satisfied , as they are called , are fully satisfied in this , that the reason , or end , of the law , is to be preferred before the letter : which caused their closing with , and owning the affairs of this nation when as some , which are now in present authority , did turn their backs upon it , and le●t the work , not being able to bear it , because it was contrary to the letter . it is not the height of a mans station alone that will inable him to a true discoverie of things , but the singlenesse of his eye , together with the truenesse of that light , in which he walketh . jeremie knew the means of israels safety better then the king , and all the princes . first , if the dis-satisfied so called , be onely so called , and not such indeed , though the querist rejoyceth not ( as neither ought he ) in the formalitie of his mistake , yet doth he much re●oyce in the matter of it . but if there be none really dis-satisfied , what meaneth then the bleating of the sheep , and the lowing of the oxen ? the weak complaints of many simple ones , and the lowder vociferations of others great in their own eyes , against the present government ? . if some now in authoritie , turned their back upon , and left the work of the nation when time was , as not being able to bear it , because it was contrary to the letter of the law , it is a sign that had they been satisfied , as the answerer acknowledgeth himself with the rest , called dis-satisfied , to be , that the reason or end of the law , is to be preferred before the letter of it , they would not have turned their backs upon it , because of any contrariety in it to the said letter . therefore this turning the back in them , whether in it self just fiable , or not justifiable doth in no degree justifie , or ease the guilt of a like practise in them , who professe themselves satisfied in that , which occasioned that failing in them . he that turneth his back upon a dut●e , only through a mistake of an unlawfulnesse to perform it , rather condemneth , then any way excuseth him that shall neglect it , being perfectly satisfied about the lawfulnesse , and much more the necessitie of it . . though it be not the advantage of a mans station alone that will inable him to discover things , either near at hand , or further off , yet where there is the same , or a greater , singlenesse of the eye , and with all the same truenesse of light , the advantage of a standing must needs be a proportionable advantage for discoverie . if the answer could prove that his paul , either hath a more single eye , or walks in a truer light then his phelimon , i should without much contest grant , that these advantages in this paul , might very possibly balance phelimons advantage in point of standing . but the paul we speak of , is too full of wrath ( as is much to be feared ) to have a clear or single eye . the common saying is , impeditira animum ne possit cernere verum ; i. e. and the scripture it self saith , that the wrath of man worketh not the righteousnesse of god : the cheif reason whereof is , because it discerneth not , or apprehendeth not this righteousnesse . therefore , ( and lastly ) the reason why jeremiah knew the means of israels safetie better then the king and all his princes , was , because he was a prophet immediately & extraordinarily inspired by god . if the answerer can satisfie us that his paul plougheth with this heyfer , we will acknowledge him more able to declare the riddle we speak of , then philemon , and all his princes . but as in micah's daies men , walking in the spirit , and falshood , might notwithstanding be prophets , or jeremies , unto that people ; in like manner , he that will with a zealous confidence prophecie mens minds and desires unto them in these dayes , shall be a prophet , yea a jeremie , a great prophet unto them . yet if the answerers paul be a jeremiah also , i confesse the query was not aware of it . for this estimateth the abilities of men for discoveries of a politique nature and import , by the generall presumption of the wisest men amongst us , and ( as i suppose ) in the world , touching the present state of things in the world , and not by the private supposition of any one person , or a few , as viz. that jeremy should be risen from the dead , or now alive in england , or that any other person should now be found of a like prophetique anoynting with him . whosoever now shall undertake to preach for doctrine , or as the mind or purpose of god , any thing , which he cannot substantially prove from the scriptures to be indeed the minde or purpose of god , especially if he shall pretend revelation hereof from god , otherwise then by the scriptures , we cannot but judge him a blasphemer of the blessed fulnesse and sufficiencie of the scriptures , and very near ( at least ) unto that curse ; if any man shall add unto these things , god shall add unto him the plagues that are written in this book . rev. . . query v. whether are such promises , engagements , or protestations , binding upon the consciences of those , who have made them , yea or lawful for them to observe or keep , which , by reason of an alteration and change of those circumstances and terms , under which , and in consideration of which , they were made , cannot be observed or kept , without the imminent danger , or damage , of those , unto whom , and for whose sake , wealth , and safety , they were made c ? or in case , a man having borrowed a sword of his friend , and promised to deliver it back again into his own hand within a months time , this friend of his in the interim falling into a delirium or phrenetique distemper , and so continuing till the said month be expired , is this man bound in conscience to perform his promise notwithstāding , by delivering the sword into his friends hand at the time appointed ? or is not the sad providence befaln his friend in this case , to be interpreted by him , not only , or simply , as a discharge from god in respect of the performance of his said promise , but as an item , or engagement layd upon him by god , at no hand to perform it ? or hath there not within these few years past , been an alteration or change in the politique terms and circumstances of this state and commonwealth , as considerably great , as well can be imagined ? to this querie , mis-notioned as an objection , we have this , said , in stead of an answer . this objection is of no force , except it had proved that all they were fallen into a delirium , who from the beginning of these divisions in this nation , have been the pursuers o' the publigue liberties thereof ; excecting onely those , who have abetted , and doe approve of , this last late change , which as yet appear to be very few , except the base spirited cle●gie , and the oppressing lawyers , and those that are baptized into their spirit . first , this answer mistakes in the very first words of it , calling that an objection , which is onely a question , propounded to those who are dis-satisfied , for this end , that by bethinking themselves of a reasonable and direct answer unto it , they may be brought to reflect upon the unreasonablenesse of their dis-satisfaction . . whereas it spends it self upon the particular instance of a person calling into a delirium in the case specified , it declines the dint , and plain designe of the querie . for this supposeeth in the main bod●e of it , that there may many changes of circumstances and termes , besides the falling into a delirium in those , to whom a person , one or more , hath engaged himself so or so , interveen or happen , which may render the performance of a promise or engagement ( in the letter of it ) very incommodious unto those , to whom they have been made ; and consequently , unlawfull . but to this the answer opposeth nothing at all . the case of a person falling into a delirium , was onely subjoyned in the querie by way of illustration , or exemplification of the said generall supposition . it is a grand mistake to think that the force or strength of the querie lieth in a supposall , that all the pursuers of the publique liberties ( except the excepted ) have fallen into a delerium . for as the scripture speaketh of a gift , that it blindeth the eyes , not of mad or foolish men , but , of the wise , yea and perverteth the words , not of hypocrites , deceivers , or the like , but , of the richteous a ; so may it be said of any corrupt , yea or mis-notioned or mis apprehended , interest , that this also very frequently entangleth the judgements and understandings of men otherwise , and in other cases prudent and politique ( it may be , more then ) enough , yea and of such , who in re●pect of their ends and actions are not the worst of men . so that the dis-satisfied may very possibly be mistaken about the naturall and direct tendency of the late change of the government , without being supposed fallen into a delirium . but , . if the answer w●ll needs enforce a necessity upon me , to suppose , either the satisfied , or dis-satisfied partie in the land , to be fallen into a delirium , or any distemper of some affinitie therewith , i must plainely and ingenuously professe , that i should offer much lesse violence to my judgement , to suppose the latter much more obnoxious in this kind , then the former discontent or dis-satisfaction , especially about the providential interposures of god , argues a much nearer neighbourhood to a delirium then a mind patiently and composedly apaid and satisfied herewith . . if by a betting and approving the last late change , the answer meaneth , the abetting it in the travell of it , as viz. by furthering , and assisting the production or bringing it forth ; and so , the approving , or justifying of all the wayes , means , or considerations , which contributed toward the production of it , i confess i question whether so many abetted and approved it , as the answer supposeth . for i presume that this , terming the clergy , base-spirited , and the lawyers , oppressing , intends these epithites , not as individuall , but as specifical ( respectively . ) if so , i can hardly think that either the clergy , or the lawyers ( i. e. all in both of these kinds ) ever did abet , or doe approve , of the said change . if by abetting and approving , the answer meaneth , a willing , patient and quiet subject on unto it , approving it so farre , as lawfull to be thus subjected unto , doubtlesse there are far greater numbers , then what the answer speaketh of , who thus and in this sence abe● and approve of it . the commanders of the ships of this common-wealth at sea , withall under their command ( respectively ) most of ( if not all ) the regiments of the armie on land , as well in ireland and scotland , as in england ; and so again , very many , if not all , the more considerable cities and burroughs , and greater towns in england , have declared themselves abettors and ap●rovers ( in the sence distinguished ) of the change into the present government . i confesse that in the proper and usual sence of the word , approve , viz. as it signifieth , to like well of , to justifie , or commend , i know very few , scarce any ( though very possibly there may be many ) who have declared themselves approvers of the said change , viz. so far as this change was the contrivance , procurement , or work of men . nor do i conceive that , in this sence , it ever was , or will be , pressed upon any mans conscience to approve it . it will serve for all politique , peaceable , and publique ends and purposes , if it be approved by men so farre as god hath had his hand in it , it being more appropriately his work , then mens ; according to that of daniel , he [ i. e. god , not man , or men ] removeth kings , and setteth up kings a , [ i. e. changeth and altereth both governors , and forms of government ] i presume all that will be required of the people of the land , is , to approve of the present government as lawfull to be submitted unto [ simply , and in the generall ] and as necessarie to be submitted unto by them , whilest god shall please to continue it over , or among , them : . the answer yetunder hand , as it falls somewhat unchristianly foul upon the clergy ( so called ) in terming them , base-spirited , and so upon the lawyers , in st●leing them oppressors ; so on the other hand it makes them some kind of recompence , though ( i presume ) at unawares , and as much besides intention , as truth , in numbering them amongst the pursuers of the publique liberties of this nátion since the beginning of our divisions . i beleeve that the farre greater part of both generations have no conscience of this honour . but though my heart be not with the generality or bulk of either profession , yea i judge the nation very deplorobly miserable in being so dis-furnished , as it is , with men of worth and conscience , in both ; yet , . i beleeve we have israel's proportion of good men , in both , one of a city , and two of a tribe b which consideration mediated ( though , it seems , it could not obtain , or prevail ) for somewhat better epithites to be bestowed upon the respective members of both professions , the base-spirited upon the one , and oppressing , upon the other . . if the persons meant by , the clergie , have of late times declared against , and rejected , the appellation , because of the offensivenesse of it ( which , as i remember , they have done ) it is not ingenuous to reproach or twit them with it . . ( and lastly ) i beleeve that some of those , whom the answer stigmatizeth , as base-spirited , have of the incorruptible seed of the word of god begotten most of the most truly noble and heroique spirits in the land . query vi . whether was that supposition of moses without sufficient reason , or gronnd , when , upon his avenging one of his brethren by smiting the egyptian , who oppressed him , he supposed that his brethren would have understood how that god by his hand would deliver them ? or were not his brethren dull and slow of heart in not taking the kindly impressions of such a providence , and not understanding , that pregnant intimation from god , that his counsel and will was , to appoint and make his servant moses a prince or ruler over them , and this in order to the vindication of their liberties , the freedom of their persons from oppression , and to their further benefit and good otherwise ? or do not they shew themselves to be altogether unexperienced in the speech and language of high providences , or at least to be either but dull and drowsie , or else cross and froward , interpreters of the most signal dispensations of god , who do not understand that his will and pleasure is , to appoint such a person toties quoties , by whose hand he vouchsafeth unto a people a long continued series of extraordinary deliverances , for a prince and ruler over them ? or do not that people reject the counsel of god against themselves , who say unto a person so commended unto them , and appointed over them , by god , who made thee a ruler or a judg ? for answer to this query , we have another , but altogether irrelative to it ; viz. this , whether had moses been worthy the name and honour of a prince and ruler , if , instead of guiding the people into canaan , he had for his ease and pleasure sake turned again into egypt ? if moses had built again the things , which he had destroyed , he had made himself a transgressour . here is nothing at all in this answer , to the tendencie or purport of the query . and i● had been ( upon the matter ) as much to the purpose , to have answered by querying thus ; if moses had been a martherer of his father , and of his mother , and had committed inc●st with his sister , had he been meet to be appointed a prince or a ruler over the people of god ? for doubtlesse he was as farre from turning back again into egypt for his ease or pleasures sake , as he was from committing these abominations . indeed the foolish , froward , and discontented people , were laying their heads together , and consulting , to make them a captain , who should lead back again into egypt . and they said one to another , let us make us a captain , and return into egypt a . but moses was a man of another spirit : he was on●ly for the leading them forward towards canaan , not for the carrying them back to wards egypt . or , . if the intent of the said anti-querie be to insinuate against the person minded in the parallel of moses , in the queree , any such unworthinesse , as if he were a man , who for his ease and pleasure sake meant to re●i●s●ave the people of this nation , the reflexion is not onely groundl●sse ( and in this respect , scandalous , and un-christian ) but likewise is , . contrary to the verdict of common sence , which dictateth , that there is neither ease , nor pleasure , but care and trouble , and wearisomnesse both of flesh and spirit , to be expected in that station of government , wherein god hath placed him ; and . to the very tenor and purport of those articles , or constitutions of the government , to the observation whereof he hath solem●ly sworn ; which are calculated and fram'd as it were on purpose for the preservation and maintenance of the publique liberties of the people , and this with as much wisdom and contrivance , as can reasonably he expected from men ; of which somewhat further in one of the additional queries . . ( and lastly ) it is not necessary that he who builds again the things , which he destroyed , should make himself a transgressour by his new building them . it was said of paul to his great honour , by the christians of his times : he which persecuteth us in times past , now preacheth the faith , which once he destroyed b however , if these words in the answer , if moses had built again &c. be reflexive upon him , whom god hath given ( moses-like ) for a ruler unto this nation , as if he should now be about to build again the enslavement of the people , which he hath heretofore destroyed , the reflexion ( as hath been already said , in ●ffect ) is papably and putidly calumnious , and not fit either for the heart , or mouth , or p●n , of a christian . query vii . whether did not god send that moses to be a ruler and a deliverer unto his people , who was refused by them saying unto him , who made thee a ruler and a judg ? or is it not a matter of frequent occurrency and observation in the providential administrations of god , that such things are brought about and done by him , which , though as contrary to the minds and desires , as to the expectations of many good people , when they are new done , yet turn to an incomparable benefit and advantage unto them afterwards ? or was not the death of christ , as a sword passing through the soul of his virgin mother , yea and of many other holy and gracious persons , both men and women , by which notwithstanding they were highly raised in peace and comfort afterwards , and shall be eternally saved ? or did not eleven of the twelve tribes of israel side with the house of saul against davids advancement over them , being for a time highly unwilling and discontented that he should be their king , under whose government notwithstanding they flourished like a green bay tree , and saw many years of the greatest prosperity and peace ? the dis-satisfied are fully satisfied in this , that all things work together for good to those that love god . and so shall the present change : it shall discover the thoughts of many hearts , and make manifest whether men walk in the power of the spirit , which is of this world ; or in the power of that spirit which is of god : which is a blessed businesse , and of great advantage . though there be little or nothing in this answer to the purport of the query , yet let us animadvert somewhat upon it . . it is good tidings to hear that the dis-satisfied about the late change in government , will be satisfied , especially fully satisfied , with any thing . there is the more hope that in time they will be satisfied with that also . but , . if they be so fully satisfied with the word of god , why are they not , competently at least , or however , tolerably , satisfied with the works of god also ? or is it not his work ( as we lately heard from daniel ) to remove kings and to set up kings ; and consequently to make all the changes and alterations in government that are found in the world ? or is any work of god , compared with his word , so heterogeneall or dissonant to it , that he that is fully satisfied in the one , should be capable of no satisfaction at all in the other ? and . if the present change shall work together for good to those that love god , why do not those who love god , especially being fully satisfied in the truth and certainty hereof , rather ( according to the apostles exhortation , in every thing to give thanks a ) give thanks unto him for the change , at least so farre , and in such a respect , as it worketh for good to them , then murmur or complain against it , or suffer sathan to fill their hearts with wrath , discortent , or indignation , because god hath either brought to passe , or however , suffered it to come to passe ? i beleeve that jobs wife would not have uttered her self in such passionate discontent , as she did , because of her husbands sufferings , though deep and greivous , had she indeed beleeved that they would have wrought for good unto her . should men be offended at their benefactours ? . it is confessed that the present change hath already discovered the thoughts of many hearts , and may ( probably ) discover many more . but that it should make manifest , whether men walk in the power of the spirit of this world , or of the spirit which is of god , is in no degree probable , scarce possible ; unlesse ( haply ) it be by some such after fruits or consequents of it , which at present are hardly imaginable . for it is a clear and manifest case , that they do not all walk in the power of the spirit of god , who murmur and are offended at it , and oppose it ( witness the walkings of the conspiratours against it , lately discovered and apprehended ) and so again that all they , who are satisfied with it , and who live peaceably , and with comfort under it , do not walk in the power of the spirit of this world . for if they who tremble at the word of god , and dare not rebell against it , and this word expresly chargeth , let every soul be subject to the higher powers ; and , that the powers that be , are ordeined of god ; and again , that whosoever resisteth the power , resisteth the ordinance of god &c. if such men ( i say ) as these walk in the power of the spirit which is of god , and not of the spirit of this world , then all those who for conscience sake are subject to the government brought in by the late change , cannot so much as with any face of reason , or of truth , be judged to walk in the strength of the spirit of this world , but of the spirit which is of god . so that if the present change be a touchstone of persons walking in the power of the one spirit , and of the other , the dis-satisfied are much more like to be found walkers in the power of the worser spirit , then of the better . but is a very inconsiderate and ill digested notion , to conceive , that either a going on the right hand , or on the left , in politicall questions or disputes , should make it manifest whether men walk in the power of the spirit which is of god , or of the world . i am strongly inclined to think , that men of this notion , understand but little what it is to walk in the power of the spirit of god . there are other manner of touchstones for the discoverie of the two sorts of walkers mentioned , then a state quod libet , or the adhering in judgement to one side or other of a dialectical question about a forme of government , which yet are very insufficient to manifest the one kind of these walkers from the other . i confesse that a very great number ( i suppose i might safely say the farre greater part ) of th 〈…〉 , who walk in the power of the spirit of the world , are manifest more then enough , without being manifested , either by their satisfaction , or dis-satisfaction , about the present change . but the manifestation of so much as a considerable number of those , who walk in the power of the spirit which is of god , is hardly procureable or attainable , not onely not by the said , either satisfaction , or dis-satisfaction , but not by symptomes of a far more searching and important signification , then these . . ( and lastly ) the fruits of the blessed businesse , and great advantage , of which the cloze of the answer speaketh , are no more like to grow upon the tree pretended ( in the former part thereof ) to bear them , then grapes are to grow upon thorns , or figgs on thistles . query viii . whether are not children like to receive better quarter , and terms of love , care , provision in things necessary and convenient , &c. from their natural parents , and such who begat them , then from strangers , or persons not so neerly related to them ? or is any community of men , or body of people , like to be so naturally regarded and cared for in the things of their comfort and peace , by any other kind of ruler , or governour whatsoever , as by those , who , under god , have been the preservers of their lives , liberties , and estates , by exposing their own persons to all the difficulties , hardships , and hazards of war , and jeoparding their lives themselves in the high places of the field , where death for the time had his throne ? or doth not the preserving of a people upon such terms as these , as kindly , as naturally , as affectionately , endear them to their preserver , as the act of procreation commendeth children unto the love and tender affections of their parents ? or is not the act of preserving of very neer a ●in to the act of begeting ? if the premises will stand , who are more desireable by a people in the places of rule and authority , then those , who have been their great preservers ? to this querie we have onely this pettie impertinency for answer : but for this brevi●y we shall have consideration in words in the answers to some of its fellows following . it seems the government is placed even where the querist would have it . but let us be patient till we see the fruit , and then we shall know the tree thereby of what kind it is . . oh that the answerer could perswade himself and his dis-satisfied party , to hearken to the voyce of his own christian admonition and exhortation here , and to be content and patient , until they see the fruits of that government , which with so masculine an effeminacie they decry without end ? how blessed a businesse and great advantage might this patience of theirs probably prove unto the nation ! but . how preposterously irregular and unreasonable is the answerer , with his dis-satisfied partie , to labour in the very fire , as they doe , for the hewing down a tree , as corrupt and naught , whilest as yet they confesse they know not of what kind it is , nor what fruit it will bear ! the words of the answer are of an expresse import this way ; let us be patient till we see the fruit , and then we shall know , &c. . if the sig-tree in the parable ( luke . ) instead of being diged about and dunged to make it fruitfull , had by the dresser of the vineyard , been mangled , chopt , hackt , dismantled of her bark , principall boughs , &c. the native fruitfulnesse , or that which by an orderly digging about , and dunging it , it might have been brought unto , could not be estimated , judged of , or known . as oppression is said to make a wise man mad a ; so may mis-usage or mis-handling , make a good and a fruitfull tree , barren , or the fruit of it , degenerous , and not answerable to the native goodness of the tree . neither can the real worth of a good government , or governour , ever be , experimentally , or by their fruits , sufficiently known , if those , who live under them , and should live in subjection unto them , be continually quarrelling and provoking , and by all mens weakning the hand of both from being lift up unto those ways and methods for publique benefit , which are in their hearts . a tree is known by the fruit ; [ viz. if it be planted in a soyl proper to it , and hath that culture and husbandry bestowed on it , which the nature and kind of it requireth . ] . ( and lastly ) if the querist would have the government placed even where it is , although the answer casteth the very seeming , or appearance , of such a thing , as a blemish or blot upon him , yet he knoweth no reason why he should be ashamed of the comportment of his will with the will of god . certain he is , that god is willing that the government should be placed , even where it is ; yea he judgeth , and ver●ly beleeveth that god is not meerly or barely permissive in this his will , haveing been operative with so high ( i had almost said , miraculous ) an hand towards the accomplishment and effecting of it . in which respect the querist cannot but judg , that god is willing that the government should be placed even where it is , etiem voluntate approbante , even with his will of approbation . however , if the answeret shall pretend knowledge of a wiser , or better , disposition of the government , then even where now it is placed , the querist must professe that he knoweth not how to submit his apprehensions of the wisdom and goodnesse of god , unto any conceit whatsoever , whereof , either himself , or any other ; is capable , of the wisdom or goodnesse of men . ix . whether are not they rather back-biters of sin , then reprovers , who importunely declaim and cry out against the sins of those that are absent ? or is not this a most unworthy practise of men , to insinuate themselves into the hearts and affections of simple and inconsiderate people , by causing , or tempting them to think the better of themselves , whilest others are reproached and declaimed against in their hearing , as persons more sinful and unworthy , then they ? or have not daring and bold speeches uttered against superiors , and persons in authority , tending to blemish them , or to impair their honor & esteem , always been of an affectionate and captivating resentment with the more ignoble and lower-spirited sort of men , causing them to have the persons of those , who utter them , in admiration , as worthy assertors of the liberties of the people , and exposing their own liberties , yea and lives also , to make the purchase ? instead of an answer to this querie , this is said , no doubt the sins of those that be absent , may be upon many occasions spoken against , or else the scriptures had never kept upon record the sins of noah , david , and others to be spoken of even in all generations . yea there are many cases wherin we are partakers of other mens sins , if we doe not in our places bear witness against them . no doubt many servants of god in this nation have spoken against the sins of the late court , and supertitions of the late prelates , when as yet none of them were present : and yet were not accounted by the saints to be transgressours , but faithfull in their generation . this answer giveth the querie a goe-by , in stead of an encounter with a broad side : and looks a little towards it on the back-side of it , nor careing to look it in the face ; the querie is farre from supposing that the sins of those that are absent , ought in no case , or upon no occasion whatsoever , to be reproved , or witnessed against . the truth is that no sin at all can be reproved , but what is like to be , as well the sin of some that are absent , as well as of any that are present . that miscarriage , and unworthinesse which the querie strikes at , is the importune , restlesse , and day-after-day declaiming against the sins of those who are absent , especially of their superiours , and such who are in authority , and this in a way to gratifie and feed the corrupt and froward humours of those that are present ; as when a ministery spends it selfe more in makeing those that are absent , worse then they are , then in making those who are present better then they are ; ye in making those that are present worse then they would be otherwise , by making them judges of evill thoughts , and speakers of evill words , against those who have neither done them , nor ( as they have raason enough to be confident ) intend them , the least harms . the querie witnesseth against such a practice as this , as unchristian and sinfull ; and suggesteth , that , of the two , it may rather be termed , a back-biting of sin , then a reproving . and this ( i presume ) cannot be opposed , either with scripture , reason , or truth : nor doth the answer lift up so much as the least iota against it . if it be here rejoyned , that speaking these things , i put good men to rebuke without cause , reflecting upon them as guilty of such misdemeanors , whereof they are innocent and free ; i answer , that if these good men do not put themselves to rebuke by practising the things imported in the querie , as unworthy , neither doth the querie put them to rebuke . for this nameth no offender ; neither doth it particular●ze , characterize , or point at any person , more , or otherwise , then the scripture it selfe , when it saith ; thou shalt not revile the gods , nor curse the ruler of thy people a . he that doth not revile the gods , not curse the ruler of his people , is not at all reproved , or condemned , by this scripture , but rather justified , and commanded , in his innocency from these great offences . nor should the querie beat the air , unless it should suppose some persons now in being , guilty of the crimes therein censured . if the genius and tendency of it be as proper to keep men innocent , as to bring them who have transgressed , to repentance , this is enough to assert the usefulness of it , though there were no person upon the face of the earth touch'd in a way of reproof by it . yea they who can wash their lips in innocency from the foulness there specified , are vertually praised , and not at all disparagingly reflected upon , by it . if the answer could have justified any thing , either by the scriptures , or by the approved practise of the saints in any generation , which is made sin , or censurable , by the querie , it had deserved the name and acknowledgment of an answer . but the answer having nothing to lay to the charge of the querie , neither shall the querist be further troublesome to it . query x. whether is there any instance or example to be found in all the scripture of any prophet , or faithful servant of god , who counted it a pleasure to declaim against their rulers before the people ; especially against any such ruler , whom they acknowledged , or knew , to be a person fearing god , and withall , a man , the tenderness and goodness of whose conscience they could not lightly but know to be such , which made him utterly averse as to any penall vindication of himself , ( especially upon the persons of such men , whom he had the least cause of all to judg godly , ) though highly injured and provoked by them ? or is it not a most unworthy strain of an un-christian dis-ingenuitie , to tread and trample upon those with a foot of insolencie , whom we know ( or at least have very good grounds whereon to be confidently perswaded ) that they are fast bound in their judgements , and consciences towards god , from rising up against us , to repair themselves , or to measure . out unto us according to the just demerit of such our misdemeanors against them ? this query hath produced us a larger answer then any of its fellows . there is no doubt many instances to be found : but some come to hand with little search . amos he declaims against the sins , foretels the judgment that should come upon jeroboam , and that to the people of the land , and not to his hearing . and therefore amaziah the priest sends to the king ( no doubt to curry favor with him ) accusing the prophet , telling him that amos had conspired against him , and that the land was not able to bear his words . am. . again , jeremie sends baruch to read the roul , which contained the sin , as well as the judgments of the princes and people of israel , to read the same to the people in the house of the lord , the king not being present , but the princes afterward told the king thereof , ier. . again , am. . the prophet doth declaim against the sins of several countries with their princes . now surely he could not be present with them all at once . again , the prophet ezekiel likewise being in babylon with the first that went captive , doth even at that distance by gods command , set his face towards jerusalem , and declaim against the sinnes thereof , and in particular against the sins of the princes . ezek. . . jesus christ himself called herod , fox , behind his back . yea it is hard to be proved that the servants of god were present with the princes , whose sins they reproved . . this supposition is born out of due season : for the patience gloriedin , is not so fast bound , as is supposed . ( these last words relate unto the latter passage in the query ; or is it not a most unworthy strain , &c. ) . there is not within the large circumference of this answer , any oneline , or clause , that joyns issue with the main import of the querie , which is , whether there be to be found any instance in all the scripture , of any prophet , or servant of god , who counted it a pleasure to declaim against such their rulers before the people , whom they acknowledged , or knew , to be men fearing god , and with all &c. to this point of the querie , which is the heart and soul of it , the answer offereth nothing at all , but turneth aside to some examples of idolatrous and wicked princes and rulers , as jeroboam , jehojakim , &c. against whom , together with their people partakers of their sins , some of the prophets of god , by immediate , particular , and expresse revelation , were charged to prophesie , and to denounce the judgements , which he had determined to bring upon both , in case they did not timely repent . and because these expresses from god , concern'd , as well the people , as their princes , and the people being many , were the more considerable partie concerned in these messages ; nor had the prophets entrusted with these messages , always opportunity to conveene the people and their princes together , therefore sometimes they delivered their burdens , or messages from god unto the people , the princes being absent . but they alwayes set down , or caused to be set down , in writeing , the tenor of these their prophecies ( respectively ) that so they might be presented unto the princes upon occasion ; as is evident in the case of jeremies roll , ( mentioned in the answer ) which was read in the ears of the king , jer. . . and this after the summe and substance of it had been made known unto him before . what is there then in any , or in all , the examples insisted upon in the answer , that doth so much as colourably parallel , or justifie , the practise of those , who with turbulencie of passion and discontent , prophecie the visions of their own hearts , ( made of bitternesse and blood ) not against jeroboams , jehojakims , herods , idolatrous or ungodly rulers , but against davids , hezikiahs , josiahs , men zealous for god , lovers of righteousnesse , hating covetousnesse , &c. with open mouth , and in a clamourous manner , restlesly , and without crasing , pouring contempt and disparagement upon them , laying to their charge things which they know not , calling their light , darknesse , making their streight things , crooked , traducing their faithfulnesse under the odious names and mispresentations , of promise-breaking , falsifying of words &c. and all this in the ears ( for the most part ) of an ill-spirited and inconsiderate multitude , with menacing or disparaging glances at all such being present , who shall make report of the words spoken unto him , or them , who are most concerned in them . so that the practices and deportments of the men now described in the businesse under consideration , have as little communion with the behaviour and carriage of the prophets alledged in the answer , as light hath with darkness , or righteousnes with unrighteousness , or that which is from god , with that whih is from men . all circunstances ( well nigh ) in the proceedings of the one , and of the other , are diametrally opposite . . the prophets , though they mentioned or named the sinns of their rulers before the people , yet they sought not hereby to render them odious to their people , or to incense the people against them , but rather to admonish the people , that if god were determined to punish their kings and princes for such and such sins , if in time they repented not , much lesse would ht spare them , being partakers with them in their sins , in case they remained stubborn and impenitent . but the men , whose justification is attempted in the answer , insist upon matters of oblequie and charge against their rulers , before the people , not to admonish them of any communion in sin with their rulers , nor of any judgement of god hanging over their heads for such communion , but onely , or chiefly ( as is too too apparent ) to create and work an odium or distaste in the people against their rulers . . the prophets insisted onely upon such sins of their rulers before the people , whereof they were truly and really guilty , and which either by the light of nature , or the expresse word of god , or both , they certainly knew to be sins indeed . whereas the men we speak of , arreign their rulers at the barre of their hearers , for matters of cavillation , and for such things , under the names of enormous crimes , or actions , which both by the word of god , and by the law and light of nature , are , under such circumstances , as under which they were transacted by them , not onely or simply justifyable , or warrantable , but also , ( as farre as sober men , and of best and soundest understandings , are able to judge ) worthy commendation . . the prophets ( specified in the answer ) were not onely willing that the kings and rulers , whose transgressions together with the judgments threatened against them , they had occasion to declare in the ears of the people , should come to the distinct and perfect knowledge of what they declared in this kind , but likewise endeavoured and procured it . goye ( saith christ ; and tell ye that fox , behold , &c. ( meaning herod . ) so the prophet abijah , king. . . see also chrn. . verse . whereas their preposterous imitatours , are wont to reprove , disgrace , or threaten those , that shall informe their rulers of the truth of those things , which they ( at their pleasures ) speak of them before the people . . the said prophets never disparaged , or poured contempt upon their good , godly , or worthy kings or rulers , in the presence or hearing of the people , but upon their idolatrous , wicked , and unjust kings onely . but the tongues of their competitours are as drawn swords in the middest of the people , against such rulers , who themselves cannot but acknowledg to be men of a gracious anoynting from god , just , and holy , and good . . ( and lastly , that which is as much , or more , as all the former ) the prophets indeed , had a particular and expresse commission and charge by way of immediate revelation from god , in all things to speak , as they spake , and doe as they did in the premisses , in which respect a necessity lay upon them in both . whereas the by prophets , eyed by the querie , and countenanced by the answer , ●an upon their angry message without being sent from god , nor can they give any sober , or substantial account , that they were any waies led , or inspired by him , to speak the tenth of those revilings and hard sayings against the rulers ( one , or more ) which god hath set over them , wherewith notwithstanding they have dareingly adventured to pollute their lipps , and consciences , together , yea and the minds end thoughts of many others . . whereas the answer pretendeth , that it is hard to prove that the servants of god were present with the princes , whose sins they reproved ; i rejoyn , that if the scriptures be of sufficient authority , it is easie to prove , . that samuel was present with saul when he reproved him for the businesse of agag and of amalek , and so again , for his offering sacrifice , sam. . . . that nathan was presenr with david , when he reproved him for his murther and aadulteris . the prophet who reproved jeroboam standing by the altar in bethel to burn incense , was present with him , king , . . . eliah was present with ahab , when he reproved him , kiogs . . and a another time , kings . . . that in like manner there was a nother prophet present , when he reproved him kings . . . that michiah also was present with him , when he reproved him , king. . . . . that elisha was present with jeboram , when he reproved him , king. . . that hanani the prophet was present with asa , when he reproved him chron. . . . that jehu the son of hanani was present with jehosapha● , when he reproved him . chron. . . . that the prophet who reproved king amaziah , was present with him , when he did it . . that the prophets were present with manasseh , when they reproved him . chron. . . compared with kings . , , . . that john baptist was present with herod , when he reproved him , mat. . . . that peter and john were present with annas the high priest , and the rest of his assessors in councel when they reproved them , acts . . . that paul also was present with the high priest ananias , when he reproved him , act. . . so that it is not hard to prove that the prophets and servants of god were present . ( either formally , or equivalently , and for the most part , formally with the princes , whose sins they reproved : but it is very hard , if not impossible , to prove , that ever they reproved the sins of good princes or rulers before the people , but onely when themselves were present . . ( and lastly ) the supposition [ viz. concerning the tendernesse , goodnesse , patience , &c. of the persons most declaimed against ] which the answer saith , is born out of due time , as if it had had no being till the publishing of the queries , had ( undoubtedly ) received birth and being long before this , and lived ( i verily beleeve ) in the brests of those very men , who now seek to slay and destroy it ; or if not in theirs , yet in other mens , where it is as much made of , and delighted in , as it could have been in theirs . and whereas the answer ( inconsiderately , and with a little ven●m ) adds ; for the patience gloried in , is not so fast bound , as is supposed ; i rejoyn , . that here is no glorying in any mans patience , but onely the patience of a man , modestly and with truth attested , or ( more properly ) supposed . . that the patience of a magistrate , or cheif ruler , is not to be estimated by his regular and necessarie severity in order to the publique peace and tranqaillity of his people , but by his habitual deportment of himself under such personal wrongs and provocations , which may be pardoned or put up without the prejudice , or danger of other men . therefore notwithstanding any thing yet acted or done , the patience , which the query supposeth , may in the language of the answer ) be as fast-bound , as it is supposed . query xi . whether doth not the apostle , expresly charge and injoyn every soul ( without exception of any ) to be subject to the higher powers , declaring , that whosoever resisteth the power , resisteth the ordinance of god , ( rom. . . ) if so , do not such persons sin against an express commandment of god , and this with an high hand , who , under what pretext soever , shall openly teach disobedience unto the powers over them , animating and encouraging , yea by all unchristian and indirect means , incensing and provoking the people against the powers , which god , whether in judgment , or in mercy , hath most justly placed and appointed over them ? or can the sin of resisting the powers , be more pregnantly , unquestionably , yea or more dangerously and mischievously perpetrated and committed , then when those , who ought to live in subjection under them , are day after day , openly solicited , tempted , urged , yea upon religious pretences conjured , to deny or refuse this subjection unto them , and are passionately , and ( as it were ) out of an extasie of zeal , born in hand , that whilest they break so signal a command of god , they do him worthy service ? this query ( it seems ) hath by an equivocal generation , begotten two more , which conjunctim call themselves an answer to it . the former , this : did the authors hear those teachers , which he doth defame ? the latter this : doth the author judg that all commands of all superiors , are always to be obeyed ? surely no : for then they should be found transgressors , who shall exercise the vengeance written against babylon , when the kings of the earth their superiors shall b wail her burning , as wholy avers to those providences : & they also who shall come at call to the supper of the great god to eat the flesh of kings and captains , &c. to the former of these questions i answer . . that it rejoyceth in a thing of nought , building it self upon the sand , in ead of a foundation , and supposing , that there are some teachers in being , whom the author of the queries defameth . for if there be any such teachers now upon the stage , whose protraicture is truly drawn in the last recited query , they cannot be said to be defamed thereby , unlesse men may be defamed by the truth . men may be ill reported of by the truth : it is no good report i hear of you ( said eli to his sons : ) but john the baptist did not ( i conceive ) defame the pharisees and sadduces , when he stiled them a generation of vipers : nor did christ defame herod , when he called him , a fox ; nor paul , nero , when he termed him , a lion . or if there be no such teachers amongst us , as that query purporteth , there is no ground to complain that any are defamed by it . for those who are not such , it neither maketh , nor supposeth , to be such . or if there be any , who are in part , though not altogether , such , as are there represented , and so likely in time to prove altogether such , the query is so farre from defameing these , that it is of a very proper calcalution to prevent their infamie ( at least in the growth and increase of it ) by presenting them , as in a glasse , with such a face , the deformity whereof they cannot light●y but abhorre , and so be far from makeing their own like unto it . review also the latter part of the reply made to the answer of the query . . whereas the said former question interrogates , did the author hear those teachers &c. i answer : the author heartily wisheth that there were no such teachers , as are there described either for him , or any others , to hear . yea he hopeth , that there neither are , nor ever will be , such teachers , whose unworthinesse will hold out , length and breadth , with that description ; only he is more then jealous , that though he knoweth no men amongst us , yet there are sturdy striplings amongst us , likely in a short time to make men , of that generation . or if the said interrogatory catcheth at any such advantage as this , that the author of the queries must needs goe beyond the line of his christian commission , in reproving , or blameing such teachers , from whom he hath not personally heard the things , for which he reproveth them ; his answer is , that an accusa●ion even against an elder may under two or three witnesses be entertained , how much more under double and treble the number ? but more of this in our progresse . the latter of the two questions , may well be a question indeed . for doubtlesse the author is every whit as farre as the answerer , if not somewhat further , from judgeing , that all commands of all superiors are alwaies to be obeyed . nor can he well imagine why such a question as this should be put . by , resisting the powers , neither doth the apostle , nor the query , understand , a non-complying [ obedientially , or practically ] with all those that are in power , in whatsoever they shall command ; i never knew , nor heard of , so much as any one man , who was thus minded ; but , by the phrase of , resisting the powers , [ viz. which are , and are {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , sovereign or supreme ] the apostle ( questionlessely ) meaneth , a denying subjection to these powers , as such , [ . a refuseall of obeying them in such commands , which they have a right o● authority , to impose upon men , which right extendeth onely to things lawfull . ] for no power or powers whatsoever , have any right to impose any such command upon any person , which the person commanded hath not a right or liberty from god , to obey . t is true , the powers we speak of may be resisted in a worse sence then that now opened ; as viz. when they are not onely rejected in their lawful commands , but their subversion and ruine attempted also , whether by force , or by politique insinuations or counsels . he that either disobeys the lawful commands of the powers that are , or by force endevours , or by subtilty contrives , their abolition , may very properly be said to resist the powers . but , . the instance of the execution of the vengeance upon babylon , is very improper to prove , that superiours may be resisted in unlawfull commands . for evident it is from rev. . . that those who shal execute the vengeance that is written against babylon , shall have the concurrence of their kings , or princes , with them therein . and the ten horns which thou sawest upon the beast ( interpreted to be the ten kings , who at first gave their power and strength to the beast , and made warre against the lambe . v. . ) these [ viz. amongst them , some , if not all , of them ] shall hate the whore , shall make her desolate , and shall eat her flesh , and shall burn her with fire . and for the kings of the earth , spoken of chap. . . here said to have committed fornication , and lived deliciously with her , and to bewail and lament for her , when they behold the smoak of her burnings , &c. they either are such of the former kings , who shall not joyn with their fellowes in hateing the whore , makeing her desolate and naked , eating her flesh , &c. but persist in their adulterous league with her to the very last ; or else they may be , the cardinalls , and great bishops of the antichristian sea , who in respect of their wealth , power , pomp and external magn●ficance , may be termed , kings or princes of the earth . query xii . whether do not all christians stand expresly charged , to make supplications , prayers , intercessions , and giving of thanks , as for all men , so more especially for kings , and all that are in authority , that they may lead a quiet and peaceable life in all godliness and honesty ? if thus , do not such christians notoriously prevaricate with the scope and intent of their own supplications and prayers ( at least if they supplicate and pray according to the prescription of the holy ghost , now mentioned ) who labour in the very fire without ceasing to make proselytes unto barabbas , in stead of jesus christ , striving might and main to season all they can , with principles of turbulency and sedition , and to mold their christian brethren into such counsels and resolutions , which no man can reasonably imagine or expect , but that they should , or will , exasperate those in authority into such ways , which must needs make their lives less quiet and peaceable ? to this query , this bi-membred answer is given . . kings and governors that do oppose the testimony of jesus , that breaks forth and is proper to their generation , are indeed to be interceded for , but not to be given thanks for , no more then we are bound to give thanks for theeves and murtherers , because the apostle hath commanded thanks to be given for all men . . the author should have declared what those principles of sedition be . pauls principles were counted seditious , and yet they were only such things , as concern'd the kingdome of god , and name of jesus . for the first member of this answer , it is quite besides the matter of that part of the query , to which it pretends the relation of an answer . for this speaks of the prevarication of christians with the scope and intent of their own supplications and prayers , in case they pray according to the prescription of the holy ghost , tim. . . the answer excepts nothing against praying or supplicateing for any sort of men , but against giving of thanks for some men ; concerning which the query moveth nothing at all , further then the bare citeing of the words , giving of thanks , amongst others , in the passage transcribed from the apostle . what testimony of jesus it is , which this part of the answer supposeth to be proper to a generation , and more especially to this generation ( for this is the emphasis of the busine ) he answerer should have declared , as he saith to me concerning the principles of sedition , of which i speak . it seems there were some in paul's dayes , who troubled the minds of many with this not on or doctrine , that the day of christ was at hand , thes. . . yet this was no testimony of jesus proper to that generation ; with what confidence soever it might be pretended to have been such . and to set a few people a gogg with a conceit , that if they might chuse and set up such or such persons in places of power and authority over them , they should lay the foundations of the fift monarchie , and suddenly bring the kingdome of christ ( so much spoken of ) upon the world , is no testimony of jesus proper to this generation . for jesus hath no where declared such a propriety as this , to reside in such a doctrine , or testimony of him , as that now mentioned . if by , proper to a generation , the answer meaneth , commodious , usefull , or necessary to a generation , certain i am that the doctrin of subjection unto the higher powers is very proper to this generation . but concerning what the answer speaks ( though eccentrically to the querie ) against giving thanks for theeves and murtherers ; doubtlesse in such a sence as we ought , or may , pray , or intercede for them , we may and ought to give thanks . for , for whatsoever good thing we may , or ought , intercede , or pray for on their behalf , we may and ought to give thanks , when god vouchsafeth to give it unto them . the matter of our prayer or interceding for them , ought not to be any thing sinfully evill : nor ought the matter of our giveing of thanks for them , be any such thing ( i mean , that is sinfully evill in them , ) but onely that which is good , as being some expression or testimony of the goodnesse of god towards them . but this is more against the answer , then for the querie . whereas the latter part of the answer , instructeth me in my duty , and telleth me that i should have declared what those principles of sedition be , whereof the query speaketh , considering , that pauls principles were counted seditious , which yet were onely such things , which concerned the kingdome of god , &c. i repone ( by way of excuse for my oversight , or failing , in this point , ) . that i was rank of beleif , that no person , who would vouchsafe to cast his eye upon the query , could look upon , either the querist himself , or any other person in the least degree considerable amongst us , as no more able to distinguish between principles of sedition , and things which concern the kingdom of god , then those pagans and professed infidels were , who so broadly mistook pauls principles , as the answer suggesteth . if my confidence in this kind did ill become me , i doe accept of the blame , and shame , of it . but , . ( to redeem my oversight in the premisses , and obey the voyce of the admonition given me ) i declare , . ( in the negative ) that by , principles of sedition , i did not mean things concerning the kingdom of god ; nor , . things of a doubtfull disputation whether they were ( i mean , principles of sedition ) or no ; but ( in the affirmative ) such doctrines , tenents , or conceits , which in the eye and judgement of any considering man , not intoxicated with the cup of the same notions and designes , have a manifest tendencie in them to disturbe the course of the present government , to alienate the hearts and affections of people from those rulers and governors , which god hath judged meet to set over us , and consequently to prepare them for tumultuous counsels , and practises , and for a conjunction with dis-affected persons , who shall at any time appear in the least degree considerable for the re-imbroyling of the nation in order to an alteration , of the government , or governors of it . besides , i verily beleeve , that there is not one of many but sufficiently understands what the querie meaneth by , principles of turbulencie and sedition , without any such declaration , as the answer seemes to require . xiii . whether are such men filled with the spirit of god , or with a contrary spirit , who , in stead of giving thanks unto god for those in authority ( which is the express command of the apostle , as we heard — that giving of thanks be made for all men , for kings , and for all that are in authority , &c. ) do little else upon all occasions but fill the ears of men with their discontents , complaints and murmurings against those in authority ? and whether are not murmurers and complainers a , and so again , traytors , heady , high-minded b , and again , men who despise government [ or lordship , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} ] presumptuous , self-willed , not afraid to speak evil of dignities c , ranged by the holy ghost himself amongst persons highly disapproved by god ? and whether is not that wisdom , which is from above , as well peaceable , as pure , gentle , and easie to be entreated d , as that which is found in persons , having bitter envying , and strife in their hearts , earthly , sensual , devillish e ? to this query , this answer tripartite is given . . it were better to try the spirits , then by querying of what spirit some are of , to gratifie the carnal world , who is alwaies ready to reject that spirit which is of god . . to reprove the sins of government , is not to despise government , but to remove from it that which makes it desspiseable . . the wisdome from above , is first pure , then peaceable . to the first member of this answer ; . that the main designe of the queries , both divisim , and conjunctim , is to try spirits , and to discover who are the persons that in their deportments about the present government and governours , are acted and led by the spirit of god , and who , by their own spirits , or by the spirit of the world . therefore if the trying of spirits be so commendable a work , the answerer hath no cause ●o blame the queries , at least in respect of their projection , or end . if they have not quitted themselves in their undertaking with that dexterity , or regularnesse of proceeding , which was to be desired , nor done their work to satisfaction , there is this to be said for them ; that their will was good , onely how to perform it they found not . . i doe not at any hand understand , how the querying of what spirit some men are of , should be any matter of gratification to the carnal world . it is a greater and more dangerous gratification of them , either so to speak , or so to doe , that they may be incouraged or perswaded , that such persons , who are of their spirit , are of the spirit which is of god . . nor is it alwayes , or universally true , that the carnal world is ready to reject that spirit , which is of god , if by carnall world , be meant all persons at present un-regenerate . for how then should the world in any part of it become regenerate ? doubtlesse no man becomes regenerate by rejecting the spirit of god , nor by a readinesse to reject it , no nor whilest either of these are found in them . but this is little to the businesse before us . the second member of the answer , in directnesse of termes contains nothing but a most true and worthy sentence : onely a little explication would strengthen the claim of it to this honour . to reprove the sins of government , [ with a christian gravitie , and with a discovery of an honourable esteeme of that government it self , the sins of which we reprove ] is not to despise the government ; but it is a matter of easie miscarriage , to reprove the sins of government after such a manner , as herein to betray our selves that we are despisers of government , yea and to incourage those that hear us to despise it also . . it is one thing to reprove the sins of government ; another , to asperse it with the imputations and charge of such sinnes , of which it is not guilty ; and then to fall heavy and foul upon it for such sins , of which , either the strength of our disaffections only , or the weaknesse , of our understandings , or both , have made it guilty . the words of the third and last member of the answer , are of too great an inspiration to be questioned . but . it is no impurity not to reproach , revile , or curse , the ruler of a mans people . . from the expresse tenour of the words , that wisdom , which is not peaceable , whatever it may pretend to purity , is evicted not to be from above . but ( saith the apostle iames ) if ye have bitter envying and strife in your hearts , glory not , and lie not against the truth [ by saying or thinking , you are men truly wise , when as you are nothing lesse ] this wisdom descendeth not from above : but is earthly . &c. xiv . whether did not satan ( the great enemy of the peace and safety of mankind ) desire to sift the apostles rather then any other sort of men , [ i. e. to disturb and trouble their fancies , memories , understandings , &c. for a time , with an intent and hope by this means to draw out of them some soyl or dross , some unworthy carriages , or other , which coming from them , he knew must needs be more serviceable for his ends , then the same , or the like , coming from other men . ] or doth he not in these days labour in the very fire to disturb the principles , distemper the imaginatives , disorder and confound the reasons , apprehensions , and understandings of such men , whose disordered actings and miscarriages he supposeth will be of highest conducement to his ends , which are known to be , the trouble , misery , and destruction , of the poor creature called man ? or are not such men , the men of this character , whose zeal hath so highly commended them to the opinions and thoughts of many devout and well-meaning men and women , that they judg their thresholds to be much nearer the threshold of god himself , then other mens ? against this query , this answer magnifies it self . we find none of the apostles that sathan had this advantage against , but peter , who was so confident of his own abilities that he thought none so able to stand , as he . and they are nearest unto sathans sieve , who count themselves the masters of wisdome , and rationality , in their generation . and as sathan had the greatest advantage upon men of that temper ; so when god stirrs up instruments to bear forth any testimony of his in their generation , he cl●useth the weak and the foolish things of this world . not that they are foolish : for there is no wisdom like to that which is from above . but so they are called , because so esteemed by the world , in which they live , and with which they contend to the losse of their honours , names , estates , and therefore are counted fooles . but notwithstanding they are known to be of god by those poor souls , that walk in the light of the same spirit of god which they walk in . to these things , . the scripture will not allow it for truth , that sathan had not the advantage of sifting against any of the apostles , but peter onely . for presently upon the apprehending of christ by the multitude , that were sent from the cheif priests and elders with swords and staves against him , it is expresly said , that all the disciples ( as well as peter ) forsook him and fled ( mat. . . this was an effectual sifting . yea peter ( it seemes ) in case it be supposed that he fled also , immediately repented of his flying , and shewed more courage ( at least for a time ) then any of his fellows . but , if peter was therefore more obnoxious to sathans sifting then the rest of the apostles , because he was so confident of his abilities , that he thought none so able to stand , as he , this is fully concurrent with the design of the query . for i verily beleeve that there are no men more confident of their abilities , or that think they are more able to stand , then the persons looked upon by the query , and admired by the answer . . if they who count themselves the masters of wisdom in their generation , be the men that are nearest unto sathans sieve , i beleeve the same persons will be found to inherit the relation of this proximi●y too . nor can i easily perswade my self , that the answerer himself , whoever he be , one , or more , is able to perswade them out of a corceit that they are equal ( at least ) to the first born sons of wisdom in their generation . . it is the sence of wiser men then i , and these not a few , that the men , whom the answer would make contenders with the world to the l●sse of their honours , names , estates , and upon this account , to be counted fooles , are rather gainers in all these , then losers in any , by that contest , wherein they have lately appeared ( and which they still prosecute ) i can not say , with or against , the world , but with persons of as much christian worth as i know any , so that by considering men , they are counted rather subtile , then fooles , in entering the lists of their present contention . . i confesse that those souls , who walk in the light of the same spirit with them , may very probably be exceeding confident , and imagine that they know , that they are of god , in as much as every mans wayes seems right in his own eyes ; and consequently , other mens ways , which are the same with theirs , must needs seem right also . . ( lastly ) neither doth god always chuse the weak and foolish things of this world , for his instruments to bear forth every testimony of his in their generation . luther , melancthon , calvin ( with many others of like note about their times ) were none of the weak or foolish things of this world , but men of great endowments , guilts , abilities of learning , knowledge in tongues , arts and sciences &c. and yet these were chosen by god to bear forth a great testimony of his in their generation . not to speak of moses , his great instrument of old for the service and purpose here mentioned , to whom the holy ghost himself speaking by the mouth of stephen , giveth t is testimony , that he was learned in all the wisdom of the egyptians , and that he was mighty in words , as well as in deeds ; paul himself , who was a chosen vessel unto him to bare his name even befors kings b , had neverthelesse been brought up at the feet of gamaliel , ( a doctor of the law , and a man of great reputation in his generation c ) and was taught according to the perfect law of the fathers d ; yea , and immediately before his being stirred up by god to bear forth his testimony , was by the great men of the world in his generation , highly esteemed , and judged meet to be imployed in their greatest affaires . therefore neither was he any of the weak or foolish things of the world . the rest of the apostles , however before , and at , the time of their calling to be apostles , they might be numbred amongst the weak and foolish things of the world , yet before god sent them forth to bear his great testimony unto the world , they were extraordinarily and miraculously endued with strength from on high , with wisdom and great understanding , with the knowledge of tongues , and much other learning , as is to be seen in their writings . nor doe i beleeve that god ever stirred up any instrument to bear forth any testimony of his in their generation , in any solemn or publique manner , but onely such , whom either he found men of worthy guifts and abilities at the time of his stirring them up , or else whom he furnished accordingly , in or upon their stirring , before he imployed them in any such service . the scripture indeed saith , that god hath chosen the foolish things of the world to confound the wise , and the weak things of the world to confound the things that are mighty , cor. . . [ speaking ( as is evident from the context ) of the mean condition , and esteem of the generality or greater part of beleevers in the world , in comparison of the great and numbers of rich men , learned and prudent men , men in high places who oppose or reject the gospel , according to that of christ , mat. . the poor receive the gospel , as the former translation read it ] but it no where saith , with the answer that he hath chosen the weak and foolish things of the world to bear forth his testimony in their generation in a ministerial and publique way . xv . whether is there any kind of zeal more ecstatical and fierie , then that which is blind , and without knowledg ? or was it not such a zeal as this , which made the apostle paul himself , whilst yet a pharisee , exceedingly mad against the saints , in so much as to persecute them even unto strange cities a ? or were not the jews , to whom notwithstanding paul bears this witness , that they had a zeal of god , the fiercest enemies of all others , to the most worthy and faithful servants of god ? or was it not a spark of this unhallowed fire , that provoked the two disciples , james and john , to demand of christ , whether they should not command fire to come down from heaven to consume the samaritans , because they received them not ? or did not the lord christ upon their motion turn himself towards them , and rebuke them in these words ; ye know not what manner of spirit ye are of b ? or do they understand and consider of what spirit , they either are , or ought to be , who ( in effect ) call for fire , not only from heaven , but from earth also ( i mean , from the vulgar , and less considerate sort of people ) to destroy , if not the persons , yet the power and authority ( which must needs endanger the persons also ) of such rulers amongst them , who do not receive their notions and doctrines about government , and submit to an investiture from them , and such as they please to joyn in the act of this investiture with themselves ? this query is presum'd satisfied with this bimembrous answer . . if zeal without knowledg , be bad , surely knowledg of , without zeal against , the sins of our generation , is much worse , and shall receive the greater condemnation . . the people that know not the law , are cursed , said the pharisees of the hearers and followers of our lord iesus . to the former part of this answer , thus . first , the answerer had small cause to reflect upon the querist , as a man without zeal against the sins of his generation . his queries themselves are , with the best strength he could readily put to them , bent against some of the greatest sins ( at least in his judgement , and as farre as his knowledge extendeth ) of his generation ; as viz. turbulencie of spirit , running without sending , revileing magistrates , murmurings and discontentments against the gracious and wise dispensations of god towards the nation , beleeving of spirits without trying whether they be of god , or no ( with others of affinitie with these . ) . zeal , being nothing but the strength and fervour of desire to accomplish some end , it may expressed otherwise then by blustering , or by crying out , either in the streets , or temple . christ shewed as much zeal , or strength of desire , to propagate the gospell and save the precious souls of men , by not striveing , nor crying , nor causing his voyce to be heard in the strets , when time was ; and so in not breaking a bruised reed , in not quenching smoking flax , &c. as he did in terming the scribes and pharisees , hypocrites , serpents , a generation of vipers , and thundring out woe after woe against them . and when the sins of our generation are more likely , according to principles of sound reason and judgment , to be redressed by a spirit of meeknesse , or private and affectionate applications unto those , who are the great offenders , he may be every whit as zealous for the redresse , who in such wayes as these attempteth it , as he , who with bitternesse of spirit , and a stent●●ean voice declaimeth against the said sins upon the house top . nor did the apostle paul intend , either to quench , or to abate , timothies zeal against sin , when he thus instructed him : and the servant of the lord must not strive , but be gentle unto all men , apt to teach , patient , instructing with meeknesse those that oppose themselves , if god peradventure will give them repentance — and that they may recover themselvs out of the snare of the devil &c. a . . ( and lastly ) although ( possibly ) knowledge of the sinnes of others , without zeal against them , be simply worse , then zeal without knowledge , considered onely as such , and apart from its fruits and actings ; yet never did the knowledg of other mens sins without zeal against them , produce the like sad and greivous effects , at least directly , in the world , yea or amongst the saints them selves , as zeal without knowledg , especially when indulged , and commended by others in the blind and irregular actings of it , hath frequently done . to the second prrt of the answer , i rejoyn ; . if the pharisees had spoke truth of the hearers and followers of christ , in saying , that they knew not the law , they had spoken nothing but truth , in saying , they were cursed , notwithstanding their hearing and following christ . for they who not long after , cryed , crucify him , crucify him , had been hearers and followers of his formerly . . were it granted , that the hearers and followers of christ were unjustly and untruly charged by the pharisees ( who were enemies to christ , and his doctrine ) that they knew not the law ; this is no proofe , so much as in colour , that therefore all those , who are hearers and followers of a fallible spirit , and subject unto error ( how importunely soever it may pretend to be from christ ) are falsly , or unduly , charged to be ignorant of the law , especially when they are thus charged by persons that are friends to christ , and love his doctrine , and know the truth . as because moses and aaron were unjustly charged with murther , or killing the people of the lord , by the congregation of murmurers a , it doth not follow that therefore david was unjustly charged by nathan ( the prophet of the lord ) with killing vriah the hittite b. so that this part of the answer also being touched , vanisheth like the apples of sodom , into nothing . xvi . whether is the assertive or high-bearing confidence of men , any demonstrative , yea or competent , argument or ground of truth , in what they deliver and avouch upon such terms ? or did any man , or any sort of men , ever fly an higher pitch of confidence then the jews when they notoriously belyed the lord jesus christ , expressing themselves thus : say we not well that thou art a samaritan , and hast a devil ? or did they not speak very ignorantly , wickedly , and falsly , when they pleased themselves with an high and confident conceit , that they spake well , and nothing but the truth ? or , are not the grounds of most mens confidence , rather ignorance , or want of consideration , of such things , which are strongly objectionable against their notions and apprehensions , in conjunction with a vain glorious humor of being thought demi-prophets , and persons of a more familiar converse with god , then other men , then any well-grounded knowledg or comprehension of the certain truth of those things , which they affirm ? this query is conceived to be balanced with this answer . true ; but yet an high bearing confidence , grounded upon the threatenings and promises that are in the scripture of truth , is ground enough to bear up the assertors against the world round about . it is not will to bear the world in hand , that the men of your opposition have no grounds of their confidence . surely there are some men of more familiar converse with god , then others are . let us cope with this also . . it is not sufficient that our confidence be grounded upon the threatenings and promises that are in the scripture of truth , unlesse . they be grounded upon them rightly understood : and , unlesse they be also grounded upon them regularly , i. e. after such a manner , and with such evidence of reason , that any sober and considering man may say and conclude thus : these threatenings , and promises , being true , in such , or such , a sence , he that is confident upon their authority of such or such an event to come to passe , cannot possibly be deceived . if the high-bearing confidence so much indulged in the answer , were brought to this touchstone , it would neither prove to be gold , or silver , or any precious stone . all the errors and mistakes , that are found at this day amongst professors of the christian religion , are grounded ( as the respective assertors or abettors of them call , grounding ) upon such sayings in the scripture of truth , which are altogether as certain and unquestionable , as well in their sence , and meaning as their truth , as those threatenings and promises hinted 〈◊〉 the answer , whatsoever they be , or can be . yea . men of un balassed , injudicious , and hasty spirits , and that are not , either extraordinarily quick and apprehensive suddainly to descry all circumstances , under which the threatenings and promises are made , on which he builds , or grounds , his confidence , or else of very industrious & patient spirits , that can sit by an intense contemp●ation , or consideration , of a matter , for some good space of time may as easily mistake in drawing conclusions touching future events , from threatenings and promises in the scriptures , as in arguing any other passages herein whatsoever . this truth would ( i conceive ) have been much more possible on al hands , then now ( possibly ) it may be , had we generally treasured up such experiments of the mis-conjectures , yea mis-confidences of men , which our present age , and that in the later years of it , hath afforded . . whereas the answer further saith ; it is not well to bear the world in hand that the men of my opposition have no ground of their confidence ; i must oppose ; that either i must bear the world in hand that these men have no ground [ i. e. no sufficient ground ] of their confidence , or else confesse unto the world , that i have no sufficient ground of my opposition . of the two , certain i am that for my conscience ( whatsoever it be for my credit ) the former is better , then the latter . . ( and lastly ) the answerer , and i , shall not make two about this , that some men are of more familiar convers with god , then others . onely herein probably we may differ . the answer seemeth to suppose , that those men are likliest to have the preheminence in that familiarity of converse , now mentioned , who appear most in earthquakes , whirlwinds , and fires ; whereas i conceive , that many times those , who walk in a still voyce , are equall therein unto the other , and sometimes before them . doubtlesse they who are of more familiar converse with god , are likest unto moses , who was the meekest man on earth in his dayes ; and so likest unto christ , in that , wherein he more pecularly commended himself for a pattern unto men : learn of me : for i am meek , and lowly in heart● : and so again , are likest to abound with heavenly wisdom , which ( as the apostle james informeth us ) whosoever pretends unto , must shew out of a good conversation his works with meeknesse and wisdom . xvii . whether is the epocha , or time of the first entrance , beginning , or setting up of the fift monarchy in the world ; fixed and determined by god in the scriptures , so that no humane endeavors or contributions towards such a thing , are any ways available to accelerate or hasten this period of time , nor ( on the other hand ) any humane opposition or obstructions or unworthy actings of men , any ways able to retard or set it back ? if neither , why should any men trouble the world round about them , and abuse the simplicity of inconsiderate people , by an importune bearing them in hand , that if they were but permitted to umpire the soveraign affairs of their state and nation , they would out of hand bring the said blessedness of the fift monarchy upon the head of the world , even before the day thereof ? or why should these men , or any others , clamor day after day in the ears of poor people , against such persons , who themselves acknowledg to be truly godly , as if they stood in christs way , and would not suffer him to set up his kingdom , or this fift monarchy , in the world , only because they cannot be satisfi'd about the truth or soberness of their notions , and refuse to steer a course , threatening ruine and confusion to their nation ? or is it not the sence and declared opinion of these men , that the day and hour , at least the year , wherein that great jubilee of the monarchy they speak of , shall begin , is unchangeably , unalterably , unremoveably fixed by god ? this query is enterteined with this answer . surely it is every mans duty , to look for , and hasten to , the comeing of the day of god a● saith peter . neither doth it become this author to bear the world in hand , that all things that god hath purposed , shall come to passe , however we behave our selvs . the religious world were christs greatest enemies at his first comeing : and its probable will be so to his second comeing . embraceing the monitory of the apostle peter in the beginning of the answer , to the remnant we return , . that the author , which the answer chargeth , is so farre from being guilty of the crime here layd to his charge , viz. of bearing the world in hand that all things &c. that . there is not a word , syllable , letter , or iota sounding this way in all the queries ; nay . he hath publiquely , and this also very frequently from from time to time , declared his judgment to the contrary , and that his sence , is , that god purposeth and intendeth many things ( in such a sence as the scriptures attribute purposes and intentions unto him ) which never come to passe , sometimes by reason of the good , other while by reason of the evill , behaviour of men . the present query indeed doth little lesse then suppose that the judgement of the authors looked after therein , and corresponding with the answerer , standeth at that point , at which the answer ( untruly ) placeth mine : and how great a rejoyceing of soul would it be unto me , if it did not , or if it could be removed thither , where the judgement , both of the querist , and of the answerer also ( as it seems ) stand together . yet . . though my sence be , that many things purposed ( as hath been said ) by god , may not , yea will not , come to passe , by reason , either of the holy , or of the sinfull , behaviours of men ; yet i beleeve withall that the coming to passe of some things , yea of very many things , purposed by him , is wholly and solely depending upon his own will and power ; and that consequently that all such things as these , shall come to passe infallibly and irresistibly , and which way soever men shall behave , or not behave themselves . no interposure of the deportments of men in one kind or other , can hinder but that the purpose of god concerning the putting an end unto the world , and this by fire , and so concerning a day of judgment concerning a raising again from the dead , both good and evill , concerning the salvation of those who have lived and died in the faith of christ , the condemnation of those , who have died impenitent and unbeleeving &c. i beleeve ( i say ) that the purposes of god concerning all these things ( with many others of like consideration , shall most certainly come to passe , let men doe , or bee , whatsoever they can , or will . yea , . if it may any waies accommodate the answerer , i declare my selfe very much inclineing to beleeve , that the time of the e●ecting the fift monarchie in the world , may either be hastened , or retarded , at least in the portch or first fruits of it , by the different or contrary behaviours of men , comporting with the one , or the other . but i am farre from thinking , that , or conceiving how , those deportments of men justified all along the answer , should have any part or fellowship either in the erection of the said monarchie , or in expediting the season of it ; unlesse ( haply ) it be in such a way , which the answerer ( i know ) cannot endure to hear of . . ( and lastly ) if it be probable that the religious world will be the greatest enemies of christ to his second comeing , how will the answerer quit himselfe , or the men of his approbation , from the danger ( at least ) of dashing their foot at this stone ? for they ( doubtlesse ) lay claim to the honour and happinesse of being members of the religious world . nor are there any more worlds , then the religious , and irreligious . they will not ( i presume ) endure to have their names written amongst the citizens of the latter ; nor doe i know any man , that hath so much as a thought to write them here . therefore they must of necessitie accept of the fellowship of the world religious . or if the meaning of this part of the answer be , that as in the great body of professors of christian religion , the best and greatest friends of christ are likely still to be found , so are his greatest enemies also , i have nothing to oppose , but onely to propose , and suppose , that they are not like to be enemies to christ , much lesse his gretest enemies who desire and endeavour nothing more , then that they , who are his friends in many things , may be so in all . postscript . query i. may it not be yet further queried , whether such persons , whether ministers of the gospel , or others ( but especially the former ) who publiquely undertake or pretend to know , and predict unto the people , how long the present government shall stand , and after how many months , or years , it shall presently be dissolved and fall , do not impose a kind of wretched necessity upon themselves to turn every stone for the raising of tumults and insurrections in the land , and to enrage the people against the present government and governors , thus to make a covering for their own shame , and to prevent the dishonor and reproach of false prophets from lighting upon their heads ? or did not the wizard in france , having engaged the reputation of his art in foretelling the death of duke beron by a bungurdian on a certain day , and finding no likelyhood , the day now approaching , of the event otherwise , resolve to make himself a true prophet by doing the execution himself , and accordingly murthered him ? this query is put off with this answer , ( consisting in a great part of quotations of scripture , more in number by the whole ●e●inue , then in pertinencie to query . ) no ; no more then the prophets and servants of god , who from the sin of their princes and governours foretold their ruines and judgements , lay under any necessity to further the same ; but rather sought to repent the judgements by provoking to repentance . sam. . . sam. . . chron. . . es● . . . jer. . . to the end . ezek. . . ezek. . . dan. . , , . hos. . . joel . . . am. . . am. . . to the end . mic. . the last . nahum . , , . hab. . . zeph. . . . z●c● . . . . mal. . . luke . . act. . . here are texts of scripture enough to prove something ; yea ( questionlesse ) many things : but here is not so much as one , nor a piece of one , to prove that which the answer affirmeth ; v. z. that uch persons , who publiquely undertake and pretend to know , and predict unto the people , how long the present government shall stand , how many months , years &c. do not impose any other necessity upon themselves to bring to passe these their predictions , th●n the prophets and servants of god lay under to bring theirs to passe , who prophecied ruine and destruction unto their princes and governors , because of their sinnes . for , . it is not true , that the prophets or servants of god here spoken of , fortold the ruins and judgements of their princes , meerly from their sins , but from the mouth of god , i. e. by particular and expresse order from him , and this delivered by immediate and extraordinary revelation , in one kind , or other . it is true , the sins of these princes were the ground and reason , why such messages of threatenings were put into the mouths of the prophets by god against them , in which respect they were ( for the most part ; for in the case of jonah's prophecying against niniveh , and in some others , it was otherwise ) injoyned by the tenour of their commissions ( respectively ) to set those their sins and provocations before them , for which god was so highly displeased with them , and was resolved according as they from his mouth signified unto them , without timely repentance , to judg , or destroy them . but these sins of the princes , were not the basis or ground , upon which the prophets by their own wisdom or understandings , calculaced or built the particular determinations of times , which are found in many of their prophesies , wherein the said princes were judged punished , or destroyed , by god for their sins ; but all such determinations were pitched and fixed by god himself , who communicated his mind and counsell in this behalf unto the said prophets . so that these prophets having matters expresly and in particular revealed unto them by god , ran no hazard at all of their credits or reputations , in declareing and predicting when , and after how long a time , the sins of such , or such , princes should be recompenced in judgement upon their heads ; and consequently , lay under no necessity at all , by any unworthy or indirect interposures , to salve their honours , or the truth of their predictions . whereas the persons thought upon in the query , calculateing their predictions of the short continuance of the present government , onely by a presumption of their own wisdom , conceiting that they see beyond , and above , what is written in the scriptures without any speciall revel●tion from god , doe apparently lay the honour of their propheticalls at the stake , and consequently expose themselves to a temptation to redeem it , and this by sinister and indirect practises , if the feat cannot be done by those , which are honourable . . it is no easy matter , if at all possible , for the prophets , or servants of god in these dayes who have no vision from god , but the scriptures , and what is written there , exactly ( as to a month , year , or the like ) to calculate the times of gods patience towards sinners in any kind , by any light or direction from the scriptures , or from the judgements or punishments of transgressors , recorded there . the reason is , because , though the sins committed in these daies , may be known to be the same , in respect of the kind and externall act in the perpetration of them , with those , whose perpetration , and judgement , are recorded in the scriptures , yet the circumstances of aggrava●ion , and extenuation , which are of main consideration with god in ordering as well the time , as degree of their punishments , are so numerous , and various , yea and sometimes so secret and inaccessible to the understandings of men , that it is next to an impossibility for men even of greatest abilities , and insight into the scriptures , so much as to take a steady aim by those scripture records , how long the patience of god will endure these , or these sinners , ●n these dayes . and besides , the scriptures informe us , that the wisdom of god is {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , i. e. multifarious , or manifold ; in respect of which , upon a good account , and in order to some end worthy of him , he may respit the judgement of an offender beyond the term of his patience toward another , equall in demerit unto him , and this without the least touch of a breach upon his justice . . the spirits dealt with in the query , were at their work of denouncing judgement against the present government , and of limiting and determining the time of the standing of it , well-nigh as soon as ever it was born , and whilst yet it had scarce done either good , or evill ; whereas the prophets and servants of god of old , were seldome or never sent to denounce judgement against any person , prince or other , especially not after such , or such a prefixed time , but onely after a continuance and progresse in sin for some considerable space . . ( and lastly ) the sins of the princes , against whom the prophets and servants of god of old were sent with threatenings of judgement for these sins , were not imaginary sins , or sins , which through the ignorance , or mistake of the law , which onely maketh sin , were so called , but were sins really , indeed , and unquestionably . whereas ( as we have formerly signified ) the sins , upon the credit and authority whereof the query-prophets have adventured to prefix a time for the dissolution of the present government , are onely sins so called , or at the utmost and worst , disputeably such . yea , they that clearly understand the law of nature , in such cases , yea or the law of god , cannot adjudge them such . therefore those texts of scripture mustered in the answer have neither hand nor heart to strike a stroake in that battaile , for which they were levied . ii. again , are not these passages ensuing ( published in print and subscribed by mr john simpson , mr william greenhill , mr thomas brooks , mr hanserd knollys , mr t. harrison , mr christopher feak , mr richard wollaston , mr henry jesse , with several others , about two years since , viz. in november , . ) worthy to be engraven with the point of a diamond , and written in letters of gold ; if cesar , and pagan rulers under him in judea , and elsewhere , were to be honored and submitted unto , as both christ taught , and his apostles ( mat. . . mark . . ) ( and yet they came in by the sword , and kept gods church in bondage , ) how much more should our governours be honored by all people in our nation ? the same authors soon after expresse themselves thus : in our dayes , wherein persons truly fearing god are of divers formes , dissenting in church government , &c. some that are termed presbyterians , some independents , some anabaptists , and some that are not so resolved with any of these ; the power of chusing rulers , or of being chosen should not be limited to any one of these forms , or perswasions , to the excluding of others , [ excepting such , who either deny propriety , or magistracy , or who assert carnall liberty , or polygamy , whom we have witnessed against in our former declaration ; or such , as have opposed , or do not own , this present government . ] a little before ( in the said printed paper ) having solemnly professed thus ; with one consent we do thus declare , as in the presence of the almighty , who is the searcher of all hearts , before whom the wicked and deceitful shall be confounded at the day of judgement ; they lay down this proposition ; that all people in every nation , as well members of churches , as others , ought for conscience sake to honour such , as by the wise disposing providence of god , are their present rulers ; and are to submit to the civil commands , not only of such rulers as are faithfull , but even to infidels , ( to omit several other things of like import in the said paper . ) are not the contents and substance of these sayings , clearly and expresly founded upon the good word of god , which ( as the said authors worthily , and most truly inform us ) is the rule and standard for faith and obedience ? if so , must not all such men of necessity be false prophets , casting snares upon the people , and leading them out of the ways of truth and peace , who are so far from honouring their present governors ( though no infidels , but partakers of like precious faith with the saints themselves , though no keepers of gods church in bondage , but most zealous and faithful assertors of the entire liberties thereof , ) that with open mouth they pour contempt upon them day after day , consulting with their spleens , or worse spirits , how to make their favour to stink in the eyes of the people , and so to arm them with discontents and indignation against them ? or is this , in the dialect , or sence , of the holy ghost , to , honour governours ? to this query the answerer onely saith ; these men no doubt are of the same mind even to this day . it is not good to bear witnesse against what wee did not hear with our own ears . . if the men specified in the query , be of the same mind , at this day , which their sayings here cited , doe import , it were well that their minds , and their mouths , would goe together . how would the peace of the nation rejoyce over such an agreement , as this ? but to labour in the very fi●e , by reproaches , by revileings , by hard sayings in severall kinds , to alienate the hearts and affections of the people from the present governors and rulers , is this for conscience sake to honour our present governours and rulers ? he that can thus interpret , need not care what text is given him . . whereas the answer thinketh it not good , to bear witnesse against what we hear not with our own ears ; . to give sentence against a matter , is more then simply to bear witnesse against it . and how few judges throughout the world , have heard those words , whether treasonable , or of other demerit , with their own ears , which they have sentenced according to the law ? . a query , or question is not properly or directly , especially in our english dialect , either bearing witnesse against , either thing , or person ; nor yet a giveing sentence against either ; but rather the searching out of the truth in some case , or other , in order to a sentence . . how few ministers of the gospel have heard with their own ears the wo●ds of those errours or heresies , against which notwithstanding they bear witnesse in their ministry from time , to time , and are blamelesse ? . an accusation even against an elder , may under two or three witnesses , lawfully be received ; how much more under twenty ? . ( and lastly ) suppose a man were present , where words are spoken within his hearing , yet may hee possibly mistake , and verily think that he hears , such , or such , words spoken , which yet were not spoken . there may be deceptio audi●ûs , as well as visûs . and i know no reason but why the consonant report of a considerable part of a full auditory touching such or such words spoken in their presence , should be altogether as good a foundation for me to build a belief upon , that the words were indeed spoken , as an hearing of them with mine own ears , according to the usual manner of my hearing . but this is of very slender aff 〈…〉 i●y with the main design of the query . iii. whether , a mans conscience bearing him witness in the holy ghost , that his heart is upright with god , and that he unfeignedly purposeth and desires to do all the good upon earth , whilest he abideth amongst men , which god shall any ways enable him unto ; ought not such a person , even in conscience towards god , and out of love and genuiness of affection to his generation , embrace and accept of all such opportunities , and advantages of standing , for the promotion of his work , which god shall by any providence of his offer unto him ? or when god called moses up to the top of the mount ▪ ( exod. . . ) had it been meet for him to have answered , nay ; but i will serve thee faithfully beneath in the valley ? or is it not a grand detriment , or loss , unto the world , when princes ( as solomon speaketh ) walk as servants on the earth ; i. e. when men of noble principles , of publique spirits , whose hearts and souls are in travel with the wealth , peace , and prosperity of the world round about them , who are shap'd and form'd ( as it were ) on purpose by god himself for rule and government , shall want a stage whereon to act like princes , or be perswaded to enjoy themselves in privacy and retirement ? or in case the sun should be over-ruled to change place with the moon , should not the world have cause in abundance to lament the change ? or had his tabernacle been pitch'd in any inferior orb , beneath that , wherein it is now placed by god , could the earth have rejoyced in his light at that rate , which now it doth ? or had he been in any capacity to inrich the inhabitants thereof with his treasures , as they are now inriched by him ? or if a candle should creep under a bushel , when there is a candlestick provided and set on the table for it , should not they in the house have much more reason to be offended at it , then well pleased ? or is it not a secret guilt or consciousness in the generality of men of their own narrowchestedness , and self-ward propensions , which make them jealous that other men are , and will be found , in the same condemnation with them ; and that no man coming where he may without much danger serve himself , will be much intent upon the service of other men , further then his own secular interest shall super-intend and advise him ? this query , being the last , is supposedly slain by the sharp sword of this answer . the flattery of the present power doth not become the author , who hath oft times approved himselfe not to be the servant of men . but oh ! who hath now bewitched him to appear in this kind to strengthen the hands of the wicked , and to make their heart sad , whom god hath not sadded . this answer , like the head of a polipus , hath a mixture of good , and bad , in it . the first words of it contein a worthy and christian admonition ; viz. that the flattery of the present power doth not become the author ; onely the application of it is reflexive , if not aspersive , without cause . the next words , that this author hath oft times approved himself not to be the servant of men , contain a friendly and christian testimony . but the words remaining are gall and vinegar given unto me , and my betters , to drink ; but oh , who hath bewitched him &c. but might not i , had i pleasure in such hard sayings , upon much more equitable grounds , admiringly complain , and demand : but oh ! who hath bewitched the answerer , to appear in this kind to weaken the hands of the righteous , and to make their heart sad , whom god hath not sadded ? more particularly ; . to the implyed charge of flattering the present power , it is a burthen laid upon my sound shoulder : in which respect it little pincheth , or paineth me . where the skin is whole , vinegar poured on smarteth not . the truth is , that i am , both naturally , and supernaturally , so farre indispoto flatter any inch of the greatnesse of this world , that i am still put to my supernaturals to afford unto great men , so much as common and meet respects and civilities . luther professed that for twenty years together he never felt the least motion in his heart towards covetousnesse : i may , as in the presence of god , angels , and men , professe and say ; since i first knew what the world , and the greatnesse of it , meant , i never found my heart tempting me so much as to such a compliance with any great person whatsoever , which yet is warrantable enough , and which i am farre from , either reproveing , or disliking , in another . yea i have been inclined ( and am not yet much altered in my inclination ) to look upon the generality of great men , rather as faeces mundi , the dreggs and retriment of the world , and the reproach of mankind , then as worthy the applications of sober men unto them . and they who have best known me from my youth up untill now , will ( i presume ) very freely give this testimony of me , that what other weaknesse or undue cariages soever they have ob , served in me , they never found me adulterously inclinedto familiarities , or correspondings , with great men , much lesse to any adulatory comportments with them . this notwithstanding i must confesse , that when i have met with any thing of the divine nature , any thing worthy a christian indeed in a great man , i have , occasionally , and according to the best of my understanding to avoid offence , endeavoured to nourish , strengthen , and increase it ; and ( possibly ) in doing this , i have made the most of it , and ( probably ) more , then some others judg the true value , or extent of it to be . nor do i think that the apostle paul himself was very farre from such a strein , as this , when he addressed himself thus to agrippa : king agrippa , beleevest thou the prophets ? i knovv that thou beleevest . . although it be most true , that flattery of the present power doth not become the author , yet the representing of the present power , unto others , and especially unto those who ought to live in subjection to it , in the true shape of it , and with those desireable and commendable things in it , which are proper and likely to render this subjection , the more niturall , willing , and free , is nothing but what well become both the author of the queries , and the answerer also . and what the present query doth more then this , the answerer may with a much better judgement and conscience , number amongst things which are no● then terme it , flattery . therefore , . the answerer had very little cause to demand with an , oh ! who hath be witched me ? i am able to give a reasonable and sober account unto any man , of what i have either done , or said , in the query . this account i have given already in part , and am ready to account further , when required . therefore if i was bewitched , when i conceived and drew up the query , it was , not sathan , or the greatnesse of this world ; but god , or the spirit of sobernesse and truth , who bewitched me . . the person , whose hand ( as i suppose ) i am charged to strengthen , deserves both from the answerer , and from the whole houshold of faith in the land , a farre better stile , then that of , wicked . but the common saying is ; regium est malè audire cum bene f●ceris ; it is prince-like to be evill spoken of , when a man hath done well . or if the term , wicked be specificall , not personal , so that the meaning of the charge be , that i strengthen the hands ●f the wicked partie of men in the land ; my defence is , that the strengthening of the hands of a good migistrate to execute judgem●nt and justice in his place , is not to strengthen the hands of wicked men , at least not in wickednesse . yet ( to speak the truth ) my arch-design as well in this , as in all the rest of the queries , was not to strengthen the hand of any magistrate , good , or bad , but to strengthen the hand of the great body of the people in the land to that subjection under the present government , which upon good grounds , and next to u●questionable , i know w●ll be if universally exhibited , at least their [ civill ] happinesse and peace . . ( and lastly ) whereas i am charged , to make their heart sad , whom god hath not sadded ; my plea is , that certeinly god is willing that their heart should be made sad , who will be sadded with the truth ; yea , in as much as he is the author not onely of the truth , but of all seasonable speakings of the truth , he may very properly and truly be said to make the heart sad of all such , who a●e sadded by such speakings of the truth . the heart of the corinthians was made sorry , or sad , by that epistle which ▪ paul wrote unto them concerning their incestuous member : butought paul in this case to be challenged , that he made the heart of those sad , whom god had not sadded ? if either the answerer , or any other in his behalf , can fairly shew and prove , that any thing asserted , or ( necessarily ) supposed , in any of the queries , is either contrary to the truth , or unseasonably delivered , the author is well content that all that shall die by the hand of the demonstration ; neither shall he make lamentation over it , but rather over his own ignorance , or inconsideratenesse , in delivering it four new querjes super-added to the former . i. whether are not the just rights , liberties , and interest of the people , better , and more clearly asserted and secured unto them , by the present government , and by the published articles and constitutions hereof , then ever they were formerly ? or is not the truth hereof in all the materiall points or parts of government , as in the choice of their supreme or legislative authority ( i mean , their parliaments ) from time to time , the absolutenesse of this authority , being disincumbered and freed from the obstructions super-intendencie of a negative voice in another , in the choice of the members of the council of state for the future ( and after the conveening of the next parliament ) and so again , in the militia ( with some other particulars ) is not this truth ( i say ) that the liberties and interest of the people , are , in all these particulars , with as much care , wisdome , and saithfulnesse of contrivance , as readily can be imagined , provided for by the constitutions of the present government , demonstrated above all reasonable contradiction in a discourse lately published , under the title of , a true state of the case of the commonwealth ? ii. whether was there , or is there , any other way , course , or means , so promising in the eye of humane probability , and discourse , whereby the army and the principal members thereof , who stood , and still stand , most signally and solemnly engaged by many promises and publique declarations , to contribute their utmost endeavours to settle the nation in righteousnesse , freedome , and peace ; might , or yet may , performe their ingagements in this kind to the best advantage , as by reducing the nation , and common-wealth thereof , to that form , or kind , of government , unto which by the good hand of divine providence it is now reduced , considering how un-successfull in respect of any competent satisfaction given to the nation , our late parliaments have been ? or , in case the late government by parliaments onely , continuing , the tranquillity , peace , and safety of the nation , or the liberties of the people of god in it , should have miscarried , or deeply suffered thereby , could the army , or the said principal members of it , have given any tolerable account , either to god , or men , of their oscitancy , neglect or sitting still , considering . under how many sacred ingagements they were to do their uttermost for the prevention of these evils , and . that god had now entrusted them with an opportunity of great hope for their prevention , as viz. directing them to some such change of the government , as that which is now in being ? or in case it should be supposed that it is not the sence , or judgement , of other men , that the government now erected is any whit more promising of such a prevention , then that by parliaments onely ( however our late parliaments have not prospered in the work ) is it reasonable or meet to desire , that the army and the chief heads thereof , who were contrary-minded , should walk by the light of other men , in opposition to their own ? iii. whether is it the kind , or form , of the present government , or any excesse , or extent , of power , or revenue , state-splendor , or the like , conferred upon one man , at which the dis-satisfied , or the greater part of them , find themselves so much aggrieved and discontented , as the person , in whom the supreme place , or office , in this government , is vested ? or would they not have been very well apaid and satisfied , had there been some man according to their own hearts , and of whom they might have had hopes that he would haue fulfilled all their pleasure , invested with all that dignity , power , and all other state accommodations , which are now cast upon him , who hath the preheminence in the present government ; yea though the terms and constitutions of the government had been the same , which now they are ? iiii. whether was there the same reason to plead subjection to the power of the late king , especially when the parliament had declared themselves in opposition to him , which there is now to plead subjection to the present power ; considering . that the soveraignty , or supremacy of power , was never regularly , or according to the law of nature , vested in the person of the king , but in the people , whose lawfull agents and trustees , the parliament were ; . that the people , to whom the supremacie of authority and power ( as hath been said ) regularly appertaineth , having in parliament questioned their cheif steward , or servant ( the king ) for male-administration of his trust and power , and declared themselves in arms against him , he ( the said king ) was not in a plenary or peaceable possession of that power , which had been committed unto , or vested , in him ; whereas the power vested at present in him , who is the head , or cheif , in the government that now is , is fully , peaceably , quietly , and without any forceible contest or opposition , possest by him ? or in case it be , or were , lawfull , when and whilest , two adverse powers are st●iving for mastery in a nation , to comport with , and strengthen the hand of , that , against the other , the prevailing of which he truly judgeth to be most expedient for the publique , doth it follow from hence that therefore it is lawfull to deny subjection unto such a power , which god so farre countenanceth , and blesseth , as not to suffer any competritresse to rise up with any strength considerrble against it ? or had it been regular and justifiable , for the power it self of the people in parliament , ( how much lesse for any other ) either it selfe to disobey , or to countenance , or abet disobedience in any others , to the authority of the said king , in his lawful command , in case he had walked in the execution of his trust & power , with that due comportment with the publique good , which became him ? or had the trustees of the people in parliament been responding , or faithfull to their trust , had they interrupted , opposed , or dissolved such a government , under which the nation had lived , and was ( in all good probability ) likely still to live , in wealth and peace , with the enjoyment of all their just liberties and freedoms ? errata . page . l. . read junius . . l. . r. withall . . l. . r. palpably . . l. . r. superstitions . l. . r. reason . . l ▪ . r. ceasing . l. . r. whic● . l. . r. he . . l. . r. and . l. . r. adulter● . . l ▪ . r. author . l. . r. portraicture . . l. . r. calculatio● . . l. . r. businesse . . l. . r. this . . l. . dele , and . l ▪ . r. m●y be . ▪ l. . r. they build , groūd their l. ▪ r. passible . l. . dele from . . l. . dele that . . l. . r. prevent . finis . notes, typically marginal, from the original text notes for div a e- a psa. . , . b mat. . . a cor . b dan. . . notes for div a e- answer . reply . act. . . . b rom. . . answer . reply , or anim adversiō . a ac sane hoc verbo mihi videtur apostolus voluisse tollere frivolā hominū curiositatē , qui saepe solent inquirere quo jure adepti fuerint potestatem , qui rerum potiuntur . satis autem nobis esse debet , quod praesunt . non enim conscenderunt sua ipsi virtute hoc fastigium , sedmanu domini sunt impositi . calv. ad rom. . . cum igitur quaeritur cui parendum , non est spectandum qualis sit qui potestatem excercet , nec quo jure vel injuria quis potestatem invaserit , quave ratione eam administret , sed tantum si potestatem habeat . si enim quis potestate pollet , jam indubitatum est illum à deo eam potestatem accepisse . m. bacer . in rom. . . answer . reply and animadversion . a per. . . c gal. . d su●t eni● semper ●umultuosi spiritus ▪ qui regnum christi non bene extolli credunt , ●isi aboleantur omn●s terr●nae potestates : nec ●●ertate per ips●m data se●●ui 〈…〉 si quodvis humanae servitut●● jugum excusseriat . cal 〈…〉 ad rom. . . a omnis lex ord●natur ad communem hominum salutem , & in tantum obtinet vim & rationem legis : secundum vero quod ab hoc deficit , virtutem obligandi non habet . vnde juris peritus dicit , quod nulla ratio juris , aut aequitatis benignitas patitur , ut quae salubriter pro salute hominum introducuntur , ca nos duriori interpretatione contra ipsorum commodum perducamus ad severitatem . contingit autem multoties , quod al quid observari communi saluti est utile , ut in pl●ribus , quod tamen aliqu●bus casibus est maxime nocivum aq● . . q. . a. . vnde si emergat casus , in quo observatio talis legis sit damnosa communi saluti , non est observanda . ibid. necessitas dispensationem habet annexam ; quia necessitas non subditur legi . ibid. b james . answer . reply and animadversion . by wrath so hindered is the mind , that truth it cannot see , or find . mic. . c ad hoc quod teneatur ●omofacere , quod promisit , requiritur quod omnia immutata permaneant : alioquin , nec fuit mendax in promittendo , quia promisit quod habebat in mente , subintellectis debitis conditionibus . nec etiam est infidelis non implendo , quod promisit , quia eaedem conditiones non extant . senec● . d benefic . l. . c. . ad quintum decendum , quod ille qui aliquid promittit , si habeat animum faciendi quod promittit , non mentitur : quia non loquitur contraid , quod gerit in mente . si ve●o non faciat quod promisit , viditur 〈…〉 fideliter agere per hoc , quod animum mutat . potest tamen excusari ex duobusvno modo , si promisit id , quod manifeste est illicitum , quia promittendo p●●cavit , mutando autem prepositum , bene facit . alio modo , si sint mutatae conditiones personaram & negotiorum — vnde & apostolus non est mentitus , qui non ivit corinthum , quo se iturum esse promiserat , ut dicitur , cor. . aqu. . q. . a. . answer reply , & animadversiō . a deut . . a dan. . . b ier. . . answer . reply and animadversion . a num. . b a gal. . . answer . reply , & animadversiō . a thes. . answer rely and animadversion . answer . reply , & anim adversiō . a exod. ● . answer . reply & animadverti . answer reply & animadversi . answer . reply , & animadversiō . a jud. . . b tim. . c pet. . d jam. . . e jam. . . answer reply & animadver. . answer reply & animadver. . a act. . . b act. . . c act. . d act. . a act. . answer reply , & animadversiō . a tim. . . . &c. answer reply , & animadversiō . answer reply & animadver. . notes for div a e- answer reply & animadver. . answer reply , & animadversiō . a new declaration of both houses of parliament. die jovis . maii , ordered by the lords and commons assembled in parliament, that the abovesaid declaration shall be forthwith printed and published. ; joh. brown, cleric. parl. ; together, with a letter of thankes from master speaker, of the house of the lords, to the right worshipfull the high sheriffe, and the rest of the gentry, in the county of yorke. england and wales. parliament. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing e a). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e a estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a new declaration of both houses of parliament. die jovis . maii , ordered by the lords and commons assembled in parliament, that the abovesaid declaration shall be forthwith printed and published. ; joh. brown, cleric. parl. ; together, with a letter of thankes from master speaker, of the house of the lords, to the right worshipfull the high sheriffe, and the rest of the gentry, in the county of yorke. england and wales. parliament. bankes, john, sir, - . browne, john, ca. - . [ ], p. may . london printed for john wright, [london] : . "a letter of thanks from the lords in parliament assembled, to the countie of yorke," p. - , signed: jo. bankes. reproduction of original in the university of illinois (urbana-champaign campus). library. eng great britain. -- parliament. great britain -- history -- civil war, - . great britain -- politics and government -- - . a r (wing e a). civilwar no a new declaration of both houses of parliament. die jovis . maii , ordered by the lords and commons assembled in parliament, that the england and wales. parliament d the rate of defects per , words puts this text in the d category of texts with between and defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - jason colman sampled and proofread - jason colman text and markup reviewed and edited - pfs batch review (qc) and xml conversion a new declaration of both houses of parliament . die jovis . maii , ordered by the lords and commons assembled in parliament , that the abovesaid declaration shall be forthwith printed and published . joh. brown , cleric . parl. together , with a letter of thankes from master speaker , of the house of the lords , to the right worshipfull the high sheriffe , and the rest of the gentry , in the county of yorke . may . london printed for john wright , . die iovis , maii , . the declaration of both houses of parliament . the lords and commons assembled in parliament do declare , that they are resolved to maintaine those lords and gentlemen , committees of both houses of parliament , residing at york , in those things they have done , and shall further doe , in obedience of their commands , for the preserving the peace of the kingdome . the lords and commons doe declare , that if any person whatsoever shall arrest or imprison the persons of those lords and gentlemen , or any of them , or any other member of either house , that are , or shall be imployed in the service of both houses of parliament ; or shall off●r violence to them , or any of them , for doing of any thing in pursuance of their commands , or the instructions of both houses , given unto them , shall be held disturbers of the proceedings of parliament , and publicke enemies of the state . and that all persons are bound by their protestation , to endeavour to bring them to condigne punishment . the lords and commons doe declare , that those of the city of london , and all other persons that haue obeyed the ordinance for the militia , and done any thing in execution thereof , haue done it according to the law of the land , and in pursuance of what they were commanded by both houses of parliament , and for the defence and safty of the king and kingdome , and shall haue the assistance of both houses of parliament , against any that shall presume to question them , for yeelding their obedience to the said command in this necessary & important seruice ; and that whosoeuer shall obey the said ordinance for the time to come , shall receiue the same approbation and assistance from both houses of parliament . a letter of thanks from the lords in parliament assembled , to the countie of yorke . this house hath read the petition from the county of yorke , the expressions wherein , are so full of affections to the publike good of the kingdome , and parliament , that they receive it with much content , and satisfaction , and assure you by me , that your zeale to the common-wealth , hath added much to the honour of your country ; commanding me in their names , to returne their very hearty thankes ; the house concures with you in opinion , that the onely remedy for this distracted kingdome to recover its ancient strength , happinesse , and lustre , is unity ; which as it hath ever beene the ayme and scope of all their proceedings , so shall it ever bee the chiefest of their endeavours . and for this purpose they are already upon framing their humble desires to his majestie , wherein they shall request such things as they conceive doe ▪ chiefely tend to the honour of god , the greatnesse and prosperity of his majestie , and the publike good of this common-wealth , these were almost perfected before the receipt of your petition , and will very speedily be sent to the king , which had beene done ere this , but that his majestie withdrawing himselfe so farre from the parliament , and those many denyals they have had in those things they have desired , have necessitated them to spend much of their time in messages , and diverted them from their other more necessary businesses , but they doubt not but in these desires they will make such cleare demonstrations of their duty to the king , and love to his people , who have intrusted them , that they shall fully acquit themselves thereof , both to him and them . sir this is what at this time i am commanded to write to you , only adding , that i am &c. jo ▪ bankes . finis . the case of the impeached lords, commons, and citizens; truely stated prynne, william, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing p p ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing p wing p estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the case of the impeached lords, commons, and citizens; truely stated prynne, william, - . p. s.n.], [london : printed in the year. . by william prynne. place of publication from wing. annotation on thomason copy: "jan: th."; the in imprint date crossed out and date altered to . also identified as wing p on umi microfilm "early english books, - " reel . copy from the british library (not in thomason tracts), cropped at foot, losing imprint. reproductions of the originals in the british library. eng england and wales. -- parliament -- early works to . great britain -- politics and government -- - -- early works to . a r (wing p p ). civilwar no the case of the impeached lords, commons, and citizens; truely stated. prynne, william d the rate of defects per , words puts this text in the d category of texts with between and defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - tcp staff (michigan) sampled and proofread - sara gothard text and markup reviewed and edited - pfs batch review (qc) and xml conversion the case of the impeached lords , commons , and citizens ; truely stated . psal. . , . commit thy way unto the lord , trust also in him and he shall bring it to passe . and he shall bring forth thy righteousnesse as the light , and thy judgement as the noon day . acts . , , , , . and when it was day , the magistrates sent the sergeants , saying , let those men go . and the keeper of the prison told this saying unto paul , the magistrates have sent to let you go : now therefore depart and go in peace . but paul said unto them , they have beaten us openly uncondemned , being romans , and have cast us into prison , and now do they thrust us out privily ? nay verily , but let them come themselves and fetch us out . and the sergeants told these words unto the magistrates : and they feared when they heard that they were romans . and they came and besought them , and brought them out , and desired them to depart out of the city . the case of the impeached lords , commons and citizens truly stated . the lords and commons in parliament , in the moneths of march and april , and may last , taking into their serious consideration , the * absolute necessity of disbanding the greatest part of the army , after the total reducement of the kingdom , for the present ease of the people from taxes and free-quarter , and the speedier relief of ireland , then in danger to be irrecoverably lost ; did thereupon pass some votes and declarations for disbanding the foot , and some regiments of horse of the army , and sending them into ireland , under the commands of two major generals , skippon and massey , and imployed commissioners from both houses to the army , for that purpose , where they * eng●ged many officers and souldiers for that expedition . but by the under-hand practises of leiutenant general cromwel , and his confederate officers and agitators , the relief of ireland was not only obstructed , but wholly frustrated ; and the major part of the army animated , to enter into a solemn engagement , not to disband upon any terms , till they had obtained satisfaction from both houses , to certain high proposals and demands ; which the houses for quietness sake , and irelands better accomodation ( though with some disparagement to their honor and power ) condescended unto . but the concession of all their first demands , was so far from satisfying those restlesse spirits ( who had other designs to carry on ; since visible to all men ) that they encouraged them to greater insolencies , and higher demands then ever , comprised in their * letters , proposals , remonstranses and manifestoes in iune and iuly following , of purpose to pick new quarrels with the houses and city too , and to keep themselves in an intire body , to carry on their dangeraus plots against all opposition . in pursuance , whereof they first with a party of horse commanded by cornet ioyce , forcibly and traiterously * seized on the kings own royal person at holdenby , upon false pretences , and removed him thence into the armies quarters , contrary to his own , and the commissioners of both houses protestations ; refused to resign him up , or dispose of his person according to the houses votes ; removed the guards , appointed by both houses from him , put new guards of their own upon him ; who excluded the scots commissioners from any access to his presence against the law of nations and votes of both houses ; and yet then granted free access for all malignants to him , and admitted malignant chaplains to attend him with the book of common prayer , and all episcopal ceremonies , which they so much decried heretofore as anti-christian . neither rest they here , but refusing to disband even after all their arrears were promised to be payd or secured by the houses ; they mutinously and rebelliously ( against the express votes and commands of both houses , and desires of the city ) march up in a warlike manner towards london , threatning to force the houses and plunder the city if they had adhered to them , in case they granted not their unreasonable desires by the short time prefixed to them , approaching within few miles of the city with their whole body , seizing the block-houses on the river by violence , quartering their forces round about it , and sending their warrants for provisions to constables , within the very lines of communication . whereupon the houses to provide for their own safety and the cities , if the army should invade them by open force ; both houses on the . of iune by ordinance , appointed a committee of lords and commons , to joyn with the militia of london , to consult , advise and put in execution all wayes and means , which in their judgments might be necessary for the safety and defence of the kingdom , parliament and city , and to rayse horse and foot for that purpose &c , of which committee some of the afterwa●●● impeached commons , and now imprisoned and impeached lords were members ; which committee after some few meetings ( in hope of a final pacification ) was discontinued ; and the houses by the armies dayly approaches , enforced to repeal sundry of their just votes , remanstrances and ordinances to quiet their distempers . after which condescention , the army did not only publikely censure them for it in p●int , but likewise declare their dis-satisfaction by all the houses had done or promised , unless the commons would presently purge their house from all members disaffected to these their mutionous practises , and suspend no less then eleven of their emmentest presbyterian members at once from sitting in the house , before any particular proofs or impeachments against them , upon a meer general and illegal charge sent from st albons ( then the head quarters ) iune . upon which , though the house after full debate resolved iune . that by the laws of the land , no iudgment could be given for their suspention upon that general charge , before particulars produced and proofs made ; yet the army threatned to march up to westminster , in case they were not removed from sitting or voting in the house ; whereupon the members voluntarily withdrew themselves , and afterwards put in their answers to the false and scandalous particular articles the army afterwards sent up against them , of purpose to wound their reputations , without any intention to bring them to their legal tryals , being never able to prove the least title of those articles , of which the whole house and kingdom know them to be guiltless . upon this their voluntary withdrawing , though the army and their instruments took occasion to traduce them as guilty , yet they began to draw their quarters , and disperse themselves further off from london ; but with a resolution to take the first occasion of returning thither before they were sent for , the gaining of the city and tower of london into their custody , and placing of their own guards upon both houses , and mould them to their own pleasures , being the main design of their first approaches towards it . and no occasion of returning , being given by the houses or city , who complyed with them in all their unreasonable desires , they thereupon projected to make one unreasonable demand more , which might in all probability occasion it , and they divide the city and both houses one from another ; and that was to desire the houses to repeal the ordinance for the new militia of london , ( which no ways concerned the army in point of interest or right ) and to restore the old without any exceptions to their persons , or any cause alleadged , or once acquanting the city therewith , to whom both houses and the army too were most deeply engaged . hereupon sir * thomas fairfax sends a letter to the speaker of the house of commons , intimating the officers and armies desires , that the new militia of london might be altered , and the old revived , without ever acquainting the city or their commissioners in the army therewith : upon which letter alone ( the house being very thin , and most members driven away by the menaces ) on iuly , in the afternoon the ordinance for the new militia , made by unanimous consent of both houses , when full and free , may . to continue for a full year , was suddenly voted in the house of commons , by some few casting voyces to be repealed , before moneths expired ; and a new ordinance for reviving the old militia , drawn up , passed , transmitted to the lords house about a clock at night , when the house was empty , and then presently passed without out any debate , ( though moved to be put off by some , till the city to whom they were so much obliged , and whose s●fety and priviledges it so highly concerned ) were acquainted therewith , and heard what they could obj●ct against it , who never had the least intimation of it till it was past . the pretence for this hasty passing , was , to prevent the the armies-speedy march to westminster , if the houses refused to pass it ; and the cities opposition against it , if not passed before their notice of it ; but the real design was to discontent the city , and enforce them to some act or other , as might give the army occasion to march rather against them , then against the houses , and engage them and their party in the houses against the city and their friends . this ordinance of repeal being made known to the city , the next day , being saturday , iune . they were much discontented at it ; and meeting at a common councel , voted unanimonsly against it , as a great injury and astront unto them ; both , because the houses and army never acquainted them therewith , but did it on a sudden in a thin house without their privity , or any reason alleaged , or just exceptions to the new militia in the ordinance for such an alteration , which so highly concerned their safety and priviledges ; and because the repeal of this ordinance , upon no other grounds but the armies desire , might justly shake all other ordinances for securing the vast sums they had lent and advanced upon the excise and sale of bishops lands , and for their indempnity , and make them repealable at the armies pleasure , as wel as this , to their utter undoing . whereupon they resolved to petition the houses on monday morning for the repeal of this hastty injurious ordinance of iuly . for selling the new militia , and drew up a petition then for that purpose ; which the sheri●s and common-counsel presented to the houses on monday the . of iuly : after which about a thousand apprentices , and young men of the city , without any armes at all , came with another petition of their own to both houses , wherein they remonstrated , that they were heirs apparant to the city , whose rights and priviledges they were sworn to defend , and the houses had of times promised to maintain ; that the ordering of the cities militia was the cities birth-right , belonging to them by charters confirmed in parliaments , for defence where of they had adven●ured their lives and fortunes as far forth as the army ; and therefore desired it might be returned into those hands , in which it was put by the whole cities consent , by the ordinance of the . of may ; upon reading these petitions in the lords house , they were pleased to revoke the ordinance of iuly . and resume that of may . by a new ordinance of iuly . which they sent down to the commons , where some apprentices were over-earnest and urgent to get the ordinance passed , refusing to suffer some members to go out of the house , till they had passed the new ordinance sent from the lords , or to come out of the house into the l●bby , when they were divided upon the vote , about it , which at last they passed about of the clock ; whereupon most of the apprentices departed quietly into the city , without any further disturbance . after which some disorderly persons , most of them malignants , & disbanded souldiers , not apprentices ( by the instigation of some masignant , sectaries and friends of the army ) gathered about the commons door , and grew very outragious , enforcing the speaker to take the chair after the house had adjourned , not suffering him or the members to depart the house , till they had voted : that the king should come to london to treat with the houses about a peace . with which violence the common-councel of london being acquainted as they were sitting in the guild hall , they presently sent the sheriffs with such assistance as was ready at hand ( the militia then being in an unsetled condition by the houses own act , and contradicting ordinances ) to suppress the tumult , and rescue the members ; who thereupon hasting to westminster , did their best endeavours to effect it ; and at last pacified the unruly rout , and conducted the speaker in safety to his coach and lodging about nine of the clock at night , which was as much as could be expected from the city , in this interval of their militia's unsettlement . the lords adjourned their house till fryday morning ; the commons only till the next morning being tuesday ; against which time the new established militia provided a strong guard for the house it self : whether the speaker and members repaired about of the clock safely without any interruption , and there sate securely , till they agreed to adjourn the house till friday morning following , upon this ground ; that the lords had adjourned their house till that time , and had made a peremptory order for all their members then to attend the house , notwithstanding any former leave granted to be absent . the next day being the monthly fast the speakers and members met at margarets church in westminster , and there kept the solemn fast without disturbance : where mr speaker in the church complained publikely to sr ralph ashton , and other members setting near him , to this effect ; that there was a great scandal raised on him in the city , which did much trouble him , as that he had left the house , and was run away privatly to the army , or intended to do it : tha● he had no such thought , and sco●ned to do such a base , unjust and dishonorable action ; and would rather die in the house and chair , then desert them for fear of any tumults . which being spoken in the church and presence of god on the solemne fast day , when he would not dissemble , makes most men conclude , his secret departure to the army the very next day , proceeded not from his own judgment or inclination , but from some strong invitations or menaces sent from the army by those who contrived this desperate plot to divide the city & houses , and bring up the army to inthrall them both . on thursday morning early the new renewed militia of london , to prevent all future disturbances to the houses , made publike proclamation throughout the city & suburbs , & set up printed tickets at westminster & other usuall places within the line , that if any person or persons should offer to disturb either of the houses or their members , the guards should apprehend them , and in case of resistance kil or shoot them . yet not withstanding the speaker in the evening stole away through hide parke in his coach to the army , and went to windsore to the head-quarters , accompanied with sir ar. hasterig & other members , who met him by the way . on friday morning about . members or more met at the commons house , expecting the speakers coming , whither the serjeant coming without his mace , being demanded where the speaker was , answered , he knew not very well , and that he did not see him that morning , and was told he went a little way out of town last night , but he thought he would return , & expected to meet him at the house . after which being somwhat strictly interrogated by some members about the speaker , he suddenly withdrew himself , and could not be found , till the house had chosen a new speaker & serjeant , and procured a mace ; and then he returned with the mace carried after him under his mans cloke , which he said he had been seeking out all the time of his absence . the house , after two houres attendance , sent of their members to the speakers house , to inquire what was become of him ; who returning reported from his servants , that he was gone forth of town the evening before , & was not likely to return that day , and that they conceived he was gone to the army : whereupon they resolved to chuse a new speaker after some debate , and called mr. henry pelham to the chaire ; after which they chose a new serjeant in the absence of the old . in the meane time the lords assembling in their house upon speciall order and summons , received a letter of excuse from the earle of manchester for his absence , by reason of some indisposition befallen ; whereupon they chose the lord willoughby of parham their speaker in his roome , having frequently changed their speaker this parliament , as they saw occasion : and about three of the clock that day , the commons presented their new speaker to the lords sitting in their robes after the accustomed manner , who approved to their choice , to prevent a discontinuance and faler of the parliament for want of speakers to adjourne and continue it , and prevent all scruples which might arise thereupon . this done they proceeded to vote and act as a parliament , which they might lawfully doe . first they voted in the eleven wrongfully impeached members , and others unjustly questioned by cromwells and his confederates practise in the armies name , to take away their votes , to attend the seruice of the house , which they accordingly did : next they revive and set up the committee for the safety by an ordinance of both houses ; authorizing them to joyne with the committee of the restored city militia ; and by severall votes & ordinances gave power to these committees for the listing and raising of forces , appointing chiefe commanders and officers issuing out arms and ammunition for the safety and defence of both houses and the city , against all such who should forcibly invade them : which votes & ordinances for their self-defence ( warranted by the very law of nature , as the armies declarations assent ) were not passed nor put in execution , till the army under sir tho. fairfax ( recruited extraordinarily every day without & against the houses orders ) were on their march towards london , & most contemptuously disobeyed the votes and letter of both houses , inhibiting them to come within . miles of the city : which letter sir thomas out of his great humility refused to much as to answer , or take notice of : whereupon the army drawing near the houses and city in a warlike manner , with a resolution to force & assault them by violence ; thereupon the committee of safety and the militia of london by ordinance and speciall command of both houses , raised new forces of horse & foot , mounted some of their cannons , manned some of their works , and made preparations only for their own defence , as they might lawfully do , and had done formerly , by vertue of that supreme power of both houses , which first raised , and after voted down this perfidious army , who now refused to obey their masters commands , and marched up against them with much rage and fury as enemies . to countenance this their trechery and rebellion the more , they draw the speakers & fugitive members of both houses to sit in counsell with them in the army in nature of a parliament , and to signe an ingagement , to live and die with sir t. fairfax and the army in this quarrell . whereby they were so animated , that sir th. fairfax raised the traine-bands of hertfordshire and other counties , to joyn with the army , and march up against the houses and city ; who were so desirous of peace , that they sent commissioners & agents sundry times one after another to mediate an accord , and keep off the army from approaching neare the city ; who were exceedingly sleighted , & could obtain no termes of peace or agreement from them , unlesse they would unworthily yeeld to desert both houses & the impeached members , contrary to their ingagement , covenant and duty , renounce and call in their own declaration then newly published ; relinquish their militia , and deliver up all the forts and line on the westside of the city next to westminster into the armies hands , together with the tower of london and magazines in it , disband all their forces , put all the reformados out of the line , withdraw all their guards from the houses , and receive a guard of such horse & foot within the line as the army should appoint toward the houses , demolish their works , and suffer the whole army to march in triumph through the city , as absolute conquerours of it and both houses too . to all which dishonourable and base conditions ( worse then any the king or cavaliers would or could have put upon them , in the condition and posture of defence they then were ) the aldermen and common councell , to their eternall dishonour and infamy , suddenly and unexpectedly condescended . whereupon a party of the army entred the line , seized the forts agreed upon , and on the . of august the generall brought the fugitive speakers & members to the house with a strong party , ( who might have returned at their pleasure before without any guard , had they pleased ) placed the speakers in their chaires out of which they were justly voted , without any order of the houses , the lords house being then adjourned during pleasure ; where the generall was set in a chaire of state , and received speciall thanks for this service from the speakers in both houses names , who made him generalissimo of all the forces and forts of the kingdome to dispose of them at his pleasure , made him constable of the tower , voted the common souldiers one moneths gratuity for this service , besides their pay ; left all their guards to his disposing , and to mock god , as well as men ; voted a publike day of thankesgiving to be kept both in the city and throughout the kingdome , for their restoring the parliament to its honour and freedome , in this forcible and dishonourable manner , not to be patterned in any age . after which the generall and his whole army marched through the city in greater triumph and state , then ever william the conquerour , or any of his successors did ; takes possession of the tower , turnes out the honest lievtenant there , who royally entertained him , without any cause assigned ; displaceth most governours in other forts and garrisons , though setled by ordinance and speciall votes of both houses ; alters the militia of the city , sets up a new militia in westminster and southwark divided from that of london , contrary to severall ordinances , and the articles of the treaty ; causeth the line and works about the city to be demolished , drives away most of the members by menacing declarations , procures an ordinance by meere force and violence to passe the houses , declaring all the votes , orders , and ordinances of one or both houses from the . of iuly to the . of august , to be null and void , which the commons had foure or five times laid aside and refused to passe upon the question ; and then by confederacy with the fugitive members , procured the lord mayor and divers aldermen and citizens of london , who had shewed themselves most faithfull and active for the parliament all these wars , and done more service for them then any in the army , to be impeached of high treason , and shut up prisoners in the tower ; procures the recorder , sir iohn maynard , and commissary copley , without any legall hearing or examination to be suddenly thrust out of the house , and some other members to be suspended , and all those questioned who fate or voted in the speakers absence , and no lesse then seven lords ( viz. theo●hylus earle of lincolne , iames earle of suffolke , iames earle of middlesex , george lord berkly , francis lord willoughby , iohn lord hunsdon , and william lord maynard , who had ever adhered to the parliament ) to be impeached of high treason , sequestred the house , and committed to the black rod , who sate and voted in the house in the speakers absence ( by colour of a speciall order made before their departure , that every member of the lords house should there attend ) upon pretext , that they had levyed warre against the king , parliament and kingdome . when as they acted nothing but in the house , or at the committee of safety and the militia by expresse order and authority of both houses , for the parliaments and cities just defence against a mutinous and rebellious army then marching up hostilely against them , contrary to both houses votes and orders without any authority but their owne . this is the true state of the case of the impeached lords , commons and citizens , who have been eagerly prosecuted by the army and their confederates in the house , when those malignant lords who levied actuall warre against king , parliament and kingdome , exempted from all pardon heretofore by votes and ordinances of both houses , as traitors and publike enemies to the kingdome , are suffered to go unprosecuted , yea pleaded for in the houses , and permitted to walk freely about the city , and repaire to the king in the armies quarters , while these faithfull lords , members and citizens are shut up prisoners , and prosecuted day by day , without any proof or guilt to make good the charge . the sole question then will be , who are the reall traytors , and actuall endeavourers or raisers of a new warre against the king , parliament and kingdome , in this case , whether the impeached lords , members , and citizens , or the army and their confederates , and fugitive members , who excited them to march up thus to london against both houses and the city , without any authority from the king , parliament , kingdome , and contrary to both houses expresse orders , letters and commands ? certainely , if indifferent disinterested members and persons may be iudges , or umpires in this case , or the consciences of the accusers themselves may be judges , those lords , members , and citizens listing and raising forces onely for their owne just and necessary defence by expresse ordinances , votes and orders of both houses of parliament , was so farre from being high treason , or levying of a new warre in them , that it was a just , necessary and lawfull in them , both by the law of nature , scripture , the statutes of the realme , the practice and resolutions of both houses , and of the army it selfe in their defensive warres against the king and his assailing forces , and a duty to which their covenant and publike trust ingaged them unto , under the paine of perjury and treachery both to the king ( taken violently by a commanded party out of both houses custody , and detained prisoner from them in the army against their votes and commands ) and to the kingdome , parliament , and city , to whose preservation and defence they had so many obligations against a mutinous and rebellious army , marching up thus hostilely against them without any just ground or authority at all , but the executing of their owne treasonable plots and designes both upon the king , kingdome , parliament and city , as their subsequent proceedings manifest . and every thiefe may as justly accuse each honest man of treaand levying a new warre , if he both but provide and weare a sword or pistoll to resist him when he comes to take his purse , or breake open his house , as the army and their confederates may those lords , members and citizens of treason and levying a new warre , by this provision of forces and armes to defend themselves in case the army should violently affault the houses or the city in a rebellious and hostile manner , without shedding one drop of blood , or marching out of their lines to fight with them , though they gave them just occasion ; and therefore sir thomas fairfax and the army in their remonstrance of august , . . p. . . confesse ingenuously , that if those pretended votes , orders and ordinances whereby war was levyed against those members of both houses who fled to the army , were then good ( when as they were made ) and valid , though they should now be repealed , yet we with the speakers and those members aforesaid in opposing of them while they were of force , must needs remaine transgressors still , and yet god and wee are thanked for it . to avoid which dangerous worke , they forced the houses ( by a more horried force then that of the apprentices , and this menacing treasonable remonstrance , to passe an ordinance , august , , for declaring all votes , orders and ordinances passed in one or both houses , since the force on both houses , july , untill the sixt of this present august to be null and void . of purpose to excuse themselves from this very guilt of high treason , in leying warre against the king , kingdome and parliament , which they would most injuriously fasten upon others who are innocent to evade their owne guiltinesse . but neither god nor man will be long thus mocked or deluded by them : and this present age and all future generations , will conclude at last in despite of all opposite powers and evasions ; that the generalls and armies refusing to disband upon the votes and ordinances of both houses ; seizing the king , and rescuing him from the commissioners of both houses with an armed party , marching up forcibly to london against the houses expresse commands , surprizing the block-houses at gravesend by force , with the slaughter of some of the garison there settled by the houses ; falling violently upon sir robert pyes men in their quarters , and wounding some of them neer greenwich where they were billetted by the houses order , without any provocation , impeaching and seizing on some members of the houses , and carrying them prisoners to the head-quarters , against their wills ; enforcing the houses to null and repeal their owne just votes and ordinances , recruiting the army with many thousands of new souldiers , raising the train-bands of the countries , marching up to london in a body , seizing the forts in southwarke and westminster , coming in arms to the very houses with the fugitive speakers and members , putting a guard of horse and foot of the army upon both houses , threatning by force to keep divers members out of the house , and pull them out by head and shoulders if they presumed to intrude into them , forcing away most of the members from the houses ; marching through the city in triumph throwing , downe their lines and works , seizing upon the tower of london , and the isle of wight , beleagring the city and both houses of parliament of purpose to enforce them at their pleasure sending strange and treasonable remonstrances and papers to the houses to passe contrary to their votes and judgements , and utterly ruining the countrey with taxes , free-quartering upon them against the peoples wills , and listing twice the number allowed by the establishment , when there is no apparent enemy in the kingdome , nor order of the house for such strange recruits , their violent impeaching of these innocent lords , members , and citizens , and saying publikely in the army and houses , that the longest sword must carry it , and the army will have this or that , whether the houses will or not ; and that we are all but their conquered slaves , and vassalls , and all we have is theirs , having wonne it by the sword : and the speakers and engaged members confederacy , and engagement to live and die with the army in these their treasonable proceedings , is no lesse then high treason in good earnest in them all , and an actuall levying of warre against king , kingdome , parliament , and city ; for which god and men will one day bring them to exemplary punishment , if they unfainedly repent not of it , and give some honourable publike reparation to those innocent faithfull lords , members , and citizens , they have most falsly and injuriously impeached , and imprisoned for those very treasons and practises of which themselves are only culpable . this being the true state of the impeached and imprisoned persons case , we may justly stand amazed at the strange insolency and impudency of the councel of the army , in their late humble ( alias most arrogant ) representation , presented by some of them to the houses of parliament , decemb. . . who though in most of their former remonstrances , they had pleaded this , to be the hereditary freedome of all subjects ( since voted by both houses ) freely to petition the parliament without restraint ; as some of their fraternity have frequently done of late in a most seditious manner ; yet they fall pel-mel upon the common councell of london only for petitioning the houses for relief of their imprisoned fellow citizens ; and on the commons house and members too , in this most saucy language : pag. . . and now also we must earnestly desire that the proceedings against those citizens , and others lately impeacht , may be hastned , and out of their fines and confiscations , some part of reparation may be made to the countries adjacent for the aforesaid damages , which the crimes of those persons and others in the city did first bring upon them ; and indeed , without something done against those persons for example to others , we do not see ( when it shall withdraw ) with what safety or freedome the parliament can sit longer at westminster , especially when we find the common councell ( through the parliaments and armies lenity ) to take the boldness already ( in the face of both ) to intercede for the relief and acquittall ( or rather justification ) of those impeached persons , ( who indeed are but fellow-delinquents ( we doubt ) to most of that councell ) as if that so actuall , immediate , and horrid a force upon both and the whole houses of parliament , and the levying of war in abetment and prosecution thereof , and of that concurrent treasonable engagement , were already forgotten by them to have been any crime ; the consideration whereof , and of the renewed confidence of master gewen , and some other members of parliament ( known to have been partakers , if not principalls in the same things ) who yet presume , and are suffered to appear again in the house ( as in those things there had not been so much fault , as to render them lesse worthy of continuing in that highest trust ) makes us begin to fear , that , while so much of the same leven ( through lenity and moderation ) is left behind , is may shortly spread , till even the worst of the eleven members ( notwithstanding their double crimes ) be again called for in , unlesse the house ( by some exclusive resolutions and proceedings ) do timely prevent the same ; we hope therefore the parliament will weigh these things , and speedily ( ere it be too late ) consult ( at least ) their own safety and the kingdomes : if not ours and the armies , their poor servants , and something concerned with them ( especially ) in that affaire . by this printed passage , the whole world may plainly discover the unparalled insolency , malice , injustice of the saints and councel of the army , ( who * exceed the very deeds of the wicked ) against the wrongfully impeached citizens and members , whose principall prosecutors and accusers they are ; this representation being sent of purpose to promote the lords impeachment in the commons house just when it was there debating , though since laid aside for want of proofs , and matter , to make up a charge against them ; and yet they , with the impeached aldermen and citizens must be still prosecuted , imprisoned , and not released , nor the falsly impeached and suspended lords and commons re-admitted into the houses for fear of displeasing the generall and grand councel of the army , who are really guilty of all the * crimes and treasons which they would falsly charge on these to excuse themselves , and of cornet ioyce his matchlesse treason in plundering the king out of the parliaments possession , whom yet they never questioned , nor impeached for it . if this be the justice and charity of those saints , the generall and councel of war ( who have not yet learned that lesson and common rule of justice from our saviour , whatsoever ye would that men should do unto you , even so do unto them , for this is the law and the prophets , mat. . . nor that lesson of iohn baptist ( a burning and shining light , but yet no new one ) even to soldiers themselves ; do violence to no man , neither accuse any man falsly , luke . . ) god deliver all honest and innocent persons from such malicious prosecutors , such unrighteous judges , and * men of violence : but let this be these restrained innocents cordiall , and their persecutors terror : * evill shall hunt the violent man to overthrow him : his mischief shall return upon his own head , and his violent dealing shall come down upon his own pate . god hath spoken it in his word , and it shall most certainly come to passe in his due time , if they can but with faith , and patience , wait upon him till its accomplishment , without fainting or despair . now because the generall , councell and army are so eager in pressing for justice upon some members , and the imprisoned aldermen and citizens , pretending them guilty of the apprentices force upon the houses ( of which there is no evident proof ) to requite their kindnesses we shall evidently demonstrate there is greater cause for the houses and city to crave justice against them , as being far more guilty of forcing the houses in a horrid and desperate manner , then the apprentices , who so far they exceeded in these respects . first , they and the army marched up in an intire body from their quarters towards london to force the houses , against their expresse votes , orders , and the cities desires ; the apprentices did not so , having no command from either house , not to repair to westminster , nor no members sent to them as commissioners to stay their march , as the army had ; whom no doubt they would have better obeyed then the army did the houses commissioners . secondly , the apprentices were all unarmed , without swords or sticks in their hands , and not above one thousand or two at most : whereas the army were all furnished with swords , muskets , pikes , pistols , armes , staves , and a train of artillery , and marched up with banners displaied in a body of fifteen thousand fighting men or more . thirdly , the armies force and violence proceeded from their own mutinous disposition , and the personall malice of some of their chief officers against the xj . eminent members , and others who crossed their private designes , without any just provocation , or preceding president of such a force and rebellion in any other of the parliaments armies . but the apprentices force as it was successive too , so it was encouraged and occasioned by the armies to revive the ordinance for the cities new militia , passed by unanimous consent of both houses when full and free ; which the generall and army had forced the houses to repeal when thin , and under their power and terror , against the rules of honour and iustice before one quarter of the time for which they setled it was expired , without any notice given to the city or new militia , or charge or exceptions against them , to which they might make answer . fourthly , the generall , councel and army in a forcible manner impeached divers eminent members , forced their withdrawing suspention , and expulsion from the house , and never desired till they had driven them out of the house and kingdome : which done , they pressed a new purging of the houses from many other members , under pretence of malignancy , and their compliance with the king and his malignant party , even when and whiles themselves were complying and holding treaties with the apprentices , never impeached , nor pressed the suspention or exclusion of any members , nor kept any one member forcibly out of the houses , but onely kept most of them in till they had granted their petition , and repealed the ordinances and votes which the army had forced from them some three daies before . fiftly , the army menaced and forced the houses in and by sundry printed treasonable declarations , remonstrances , manifestoes , letters , and representations ; published to withdraw the city and country from , and animate them against the houses and members , for divers weeks and monthes together ; and when their first demands , as soldiers , were all granted ; yet still they insist on new and higher demands as subjects and statesmen . whereas the apprentices force was soon ended , and they did no such thing , and desired nothing but what immediately concerned the city and themselves . sixtly , the army and their grandees by letters and menaces induced and forced the speakers and some members ( contrary to their trust and duty ) to desert the houses and repaire to the head quarters , and there to enter into a strange engagement , to live and die with them in their quarrel against the impeached members , and others who deserted not , but continued in the houses , and the citizens who adhered to them . and by a treasonable declaration august . they declared all the votes , orders and ordinances made in both houses without any force from iuly . to august . to be null and void ; and by putting their own two armed guards upon the houses , by a party of horse drawn up to hide parke , and with cromwells , iretons , and other officers , menacing high speeches in the house , they enforced the houses against their former resolutions to passe an ordinance to declare them null and voide ; threatning to take all the members of both houses that sate and voted in the speakers absence as prisoners of war , to try them by martiall law , and pull them out of the houses by head and shoulders if they presumed to intrude into the houses , &c. by which occasion they forced away many of the remaining members , and by force obtained their desires . the apprentices never did any thing half so forcible and treasonable , as these matchlesse affronts and insolencies of the army . seventhly , the chief contrivers and abetters of the armies violence and force against the houses and members , were perfidious degenerated members both of the army and commons house , who acted and plaid their parts in both for their best advantage , as cromwell , ireton , rainsborough , harrison , fleetwood , with other officers who received their commissions and wages too from the parliament , and therefore were obliged more then others to obey , and not thus openly to force , affront , and rebell against them . whereas none of the apprentices were members , nor any of them in commission or pay as mercenaries or servants to both houses . their force therefore upon the houses in these , and many other respects being far more horrid and treasonable then the apprentices , and the occasion of theirs ; they ought in law and iustice to be first , and most exemplarily punished ; the rather , because they still persist therein even in this their last representation of december . ( as high and treasonable as any of their former papers ) whereas the apprentices ended in few howers , and was never since revived . in brief , their own dear friend , mr. oliver st. john , his majesties sollicitor generall , in his argument of law , concerning the act of attainder of high treason of thomas earle of strafford , at a conference in a committee of both houses of parliament , published by order of the commons , an. . directly proves the general , lieutenant generall , councel and army , more guilty of high treason in levying war against the king , kingdome , parliament , and now listing and quartering , and sessing soldiers upon the people in their own houses against their wills since the votes for their disbanding , then ever strafford was ; his argument being an expresse arraignment and attainder of them , and these their late proceedings , ex post facto , as those who shall review it will at first discern . and if his argument passe such a sentence against them , the whole kingdome cannot but judge them guilty . finis . notes, typically marginal, from the original text notes for div a e- * see their declaration for disbanding the army . . may . * the xi accused members answer to the particular charge of the army . p. . : . a vindication of officers come off from the army . the agitators letter to l. g. cromwell , march . the armies engagement . * of iune . . . . . . . iuly . * the lord mountagues letter & narrative iune mr rymes his narration to the house of peers . iune , . . * see the let●…r and re●…onstrance ●…om his ex●…llency and ●…e army p. . rather the armies reb●…lion against the houses . it seems the army n●… rank themselves in equip●… with the parliament : and i●… their lenity , not justice , t●… we enjoy our lives and est●t●… your force upon the h●●ses and their members , was more horrid then the appr●●tices ; yet continued even and in this treasonable i presentation . your engagements no 〈…〉 disband , &c. were far m●●● treasonable . it is more presumptio●… you and your cromwell , ire 〈…〉 thus to tax the house members , then for these to●… in the house , being not ●…peached : and no such t●…tors , as these your grandee●… the worst of them is betand honester then cromwell , ireton , or the best of you , put●cy projects be true . onely the speakers and ●embers who signed the en●●gement are concerned in 〈…〉 s aff●ire , as well as you , not 〈◊〉 houses . * ●…er . . . * ●…ee the pu●●… projects : 〈◊〉 a word to 〈◊〉 g. cromwell ; ●●ich fully de●●nstrate it . * psal. . . * psal. . . psal. . . mr. penn's advice in the choice of parliament-men, in his englands great interest in the choice of this new parliament ; dedicated to all her free-holders and electors. penn, william, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). b wing p a estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. b ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) mr. penn's advice in the choice of parliament-men, in his englands great interest in the choice of this new parliament ; dedicated to all her free-holders and electors. penn, william, - . sheet ([ ] p.) s.n.], [london : published this fourth of december, . caption title. place of publication suggested by wing. excerpted from the author's "englands great interest in the choice of this new parliament", originally published in . "the abovesaid being not unseasonable at this present conjecture, it is thought meet to have it thus published this fourth of december, "--colophon. reproduction of the original in the national library of scotland. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- parliament -- elections -- early works to . great britain -- politics and government -- - -- early works to . broadsides -- england -- th century. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion mr. penn's advice in the choice of parliament-men , in his englands great interest in the choice of this new parliament ; dedicated to all her free-holders and electors . pray see that you chuse sincere protestants : men that don't play the protestant in design , and are indeed disguis'd papists , ready to pull off their masks when time serves : you will know such by their laughing at the plot , disgracing the evidence , admiring the traytors constancy that were forc'd to it , or their religion and party were gone beyond an excuse , or an equivocation . the contrary are men that thank god for this discovery , and in their conversation zealously direct themselves in an opposition to the papal interest , which indeed is a combination against good sense , reason and conscience , and to introduce a blind obedience without ( if not against ) conviction ; and that principle which introduces implicit faith and blind obedience in religion , will also introduce implicit faith and blind obedience in government ; so that it is no more the law in the one than in the other , but the will and power of the superior , that shall be the rule and bond of our subjection : this is that fatal mischief propery brings with it to civil society , and for which such societies ought to be aware of it , and all those that are friends to it . [ pag. . ] the abovesaid being not unseasonable at this present conjuncture , it is thought meet to have it thus published this fourth of december , . finis . die lunæ april. . an ordinance of the lords and commons assembled in parliament, for the redressing of the oppressions of the souldiers taking free-quarter, contrary to the orders of parliament. england and wales. parliament. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) die lunæ april. . an ordinance of the lords and commons assembled in parliament, for the redressing of the oppressions of the souldiers taking free-quarter, contrary to the orders of parliament. england and wales. parliament. sheet ([ ] p.) printed by john wright at the kings head in the old bayley, london : . order to print signed: joh. brown cler. parliamentorum. reproduction of the original in the british library. eng soldiers -- billeting -- early works to . great britain -- history -- civil war, - -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no die lunæ april. . an ordinance of the lords and commons assembled in parliament, for the redressing of the oppressions of souldiers t england and wales. parliament. a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion die lunae april . . an ordinance of the lords and commons assembled in parliament , for the redressing of the oppressions of souldiers by taking free-quarter , contrary to the orders of parliament . whereas it hath been informed that free-quarter hath been and is yet taken in severall places in this kingdom , contrary to severall ordinances and declarations of both houses of parliament , to the great dishonour of the parliament , and grievous oppression of the subject , it is therefore ordered and ordained by the lords and commons now assembled in parliament , for the more speedy , easie , and effectuall redresse of the same , that the commissioners named in the last ordinance for l. per mensem , or any two of them , upon complaint made against any officers or souldiers , for taking free-quarter , or committing any other misdemeanour contrary to the declarations and ordinances aforesaid , shall have power , and are hereby authorized and required , to call any person or persons so complained of before them , and such witnesses as shall be desired to be produced on either side touching the premises , and to take their examinations and informations upon oath , and to certifie the same to thomas lord fairfax generall of the army , who is hereby required to give redresse , and to do justice therein according to the ordinances and declarations of parliament in that case made and provided ; as also according to the lawes , articles , and discipline of warre , allowed of and established by authority of both houses of parliament . and it is hereby further ordained by the authority aforesaid , that the said commissioners so authorized to examine as aforesaid , shall give notice to the chiefe officer in commission then resident in the county where such offence or misdemeanour is complained of as aforesaid , of the time and place by the said commissioners appointed for the taking of the said examinations and informations as aforesaid ; which said chiefe officer in commission may be present and assist the said commissioners in taking the said examinations and informations . die lunae , april . . ordered by the lords assembled in parliament , that this ordinance be forthwith printed and published . joh. brown cler. parliamentorum . london , printed for john wright at the kings head in the old bayley . . his majesties message to the house of peeres, aprill , whereunto is added his majesties answer to both houses of parliament concerning the petition and reasons to forbeare his intended iourney to ireland, presented the of aprill (by the earle of stamford, sir iohn culpepper, chancellour of the exchequer and anthony hungerford, esquire) and returned the of the same, . england and wales. sovereign ( - : charles i) this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing c ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing c estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) his majesties message to the house of peeres, aprill , whereunto is added his majesties answer to both houses of parliament concerning the petition and reasons to forbeare his intended iourney to ireland, presented the of aprill (by the earle of stamford, sir iohn culpepper, chancellour of the exchequer and anthony hungerford, esquire) and returned the of the same, . england and wales. sovereign ( - : charles i) charles i, king of england, - . broadside. printed by t. fawcet for j.h., london : . reproduction of original in the harvard university library. eng great britain -- history -- civil war, - . great britain -- politics and government -- - . a r (wing c ). civilwar no his maiesties message to the house of peeres, aprill , . his majesty having seen a printed paper, entitled a question answered how law england and wales. sovereign c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion cr honi soit qvi mal y pense royal blazon or coat of arms ¶ his maiesties message to the house of peeres , aprill . . his majesty having seen a printed paper , entituled , a question answered how law are to be understood , and obedience yeelded ; ( which paper he sends together will this message ) thinkes fit to recommend the consideration of it to his house o● peers , that they may use all possible care and diligence for the finding out the author , and may give directions to his learned councell , to proceed against him and the publishers of it , in such a way as shall be agreeable to law and the course of justice , as persons who endeavour to stirre up sedition against his majesty . and his majesty doubts not but they will be very sensible how much their own particular interest ( as well as the publike government of the kingdom ) is , and must be shaken , if such licence shall be permitted to bold factious spirits to withdraw his subiects strict obedience from the lawes established , by such seditious and treasonable distinctions . and of doctrines of this nature his majesty doubts not but that their lordships will publish their great dislike , it being growne into frequent discourse , and vented in some pulpits ( by those desperate preachers , who are the great promotors of the distempers of this time ) that humane lawes doe not binde the conscience ; which being once believed , the civill government and peace of the kingdome will be quickly dissolved . his majesty expects a speedy account of their lordships exemplary justice upon the authors and publishers of this paper . whereunto is added his maiesties answer to both houses of parliament , concerning the petition and reasons to forbeare his intended iourney to jreland . presented the . of aprill ( by the earle of stamford , sir iohn culpepper , chancellour of the exchequer , and anthony hungerford esquire ) and returned the . of the same , . his maiesty hath thought something of the petition , and is much unsatisfied with many of your expressions therein : his maiesty will shortly send his parliament , a particular answer , but for the present you are to tell them , that as he resolved to doe nothing concerning his jrish journey , before he should receive their answer , so now he will not proceed further therein , untill they shall heare , further from him againe . london , printed by t. fawcet , for j. h. . the substance of a speech made in the house of commons by wil. prynn of lincolns-inn, esquire, on munday the fourth of december, touching the kings answer to the propositions of both houses upon the whole treaty, whether they were satisfactory, or not satisfactory : wherein the satisfactorinesse of the kings answers to the propositions for settlement of a firm lasting peace, and future security of the subjects against all feared regall invasions and encroachments whatsoever is clearly demonstrated ... and that the armies remonstrance, nov. , is a way to speedy and certain ruine ... / put into writing, and published by him at the importunate request of divers members, for the satisfaction of the whole kingdome, touching the houses vote upon his debate. prynne, william, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing p estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the substance of a speech made in the house of commons by wil. prynn of lincolns-inn, esquire, on munday the fourth of december, touching the kings answer to the propositions of both houses upon the whole treaty, whether they were satisfactory, or not satisfactory : wherein the satisfactorinesse of the kings answers to the propositions for settlement of a firm lasting peace, and future security of the subjects against all feared regall invasions and encroachments whatsoever is clearly demonstrated ... and that the armies remonstrance, nov. , is a way to speedy and certain ruine ... / put into writing, and published by him at the importunate request of divers members, for the satisfaction of the whole kingdome, touching the houses vote upon his debate. prynne, william, - . the third edition. [ ], [i.e. ] p., [ ] leaf of plates : port. printed for mich. spark ..., london : . engraved frontispiece portrait of william prynne. numerous errors in paging. reproduction of original in the cambridge university library. includes bibliographical references. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng charles -- i, -- king of england, - . great britain -- history -- civil war, - . great britain -- politics and government -- - . - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion the substance of a speech made in the house of commons by wil. prynn of lincolns-inn , esquire ; on munday the fourth of december , , touching the kings answer to the propositions of both houses upon the whole treaty , whether they were satisfactory , or not satisfactory . wherein the satisfactorinesse of the kings answers to the propositions for settlement of a firm lasting peace , and future security of the subjects against all feared regall invasions and encroachments whatsoever is clearly demonstrated . as likewise , that there is no other probable or possible way to settle a speedy , firm and lasting peace , but by the houses embracing and proceeding upon the large extraordinary concessions of the king in this treaty , for the kingdoms present weal and future security . and that the armies remonstrance , nov. . is a way to speedy and certain ruine ; and a meer plot of the jesuites to defame and destroy us . put into writing , and published by him at the importunate request of divers members , for the satisfaction of the whole kingdome , touching the houses vote upon this debate . the third edition . matthevv , . . blessed are the peacemakers ; for they shall be called the children of god. psalm . . rebuke the company of spearmen : scatter thou the people that delight in war. london , printed for mich , spark at the blew-bible in green-arbor , . all flesh is grass , the best men vanity ! this , but a shadow , here before thine eye , of him , whose wondrous changes clearly show , that god , not men , swayes all things here below . to the christian reader . courteous reader , the importunity of divers eminent members of the house , and the multitude of false and scandalous aspersions publickly cast upon my self , and other secluded members , not only in common discourses , and a news-books , but in sundry libellous pamphlets , published by the officers of the army , and their confederates , since their late treasonable unparalleld violence to our persons , and the houses and our priviledges and freedome , without the least pretext of authority ; have necessitated me to put this speech into writing , and publish it to the whole kingdom and world , which else had expired within those walls where it was spok●n , with that breath that uttered it . the scandals wherewith they have publickly aspersed the secured and secluded members in print , are these ; b that wee are a corrupt majority , and apostatizing party ; selfe-seeking men ; old royalists ; new-malignants ; neuters ; traitors ; men byassed from the common cause , powerfully carrying on their own designes to secure themselves , and work their own advantage , by a corrupt closure with the king ; and by subtill endeavours making way for the bringing him in on terms destructive to the publick ; a corrupt majority , designing the establishment of a lasting dominion between the king and themselves in a perpetuall parliament no wonder those saints d●generated so far to act the h devills part , as to carry and cast us prisoners into hell it selfe , and there keep us waking upon the bare boards all night without any accommodations , when they seized us ; were wee such persidious judasses or incarnate devills , as they would render us to the kingdome , and those for whom wee serve , before ever they vouchsafed particularly thus to charge us , or bear our just defence , either as members , or freemen of england . however , were we every way as vile as they would make us , yet it is as clear as the noon-day sun , that these very officers , and the army , being not our masters but servants , particularly i raised , waged , and engaged by solemn leacue and covenant , among other things , to protect and defend the parliaments and members rights , priviledges , and persons from all force and violence whatsoever , in such manner as both houses and the committee of both kingdomes should approve , cannot pretend the least shadow of reason or authority from the law of god or man , thus traiterously to seized , imprison and seclude us , without the houses license , before any particular charge against us ; it being a far more detestable and inexcusable treason and rebellion , then k jermins or percies attempt to bring up the northern army to over awe the houses , or the l kings comming to the commons house to demand the five members , only ( formerly impeached of high-treason , ) without seizing or secluding them the hause or any other members ; or m wallers , tompkins and chaloners treason , to seize severall members of both houses , and bring them to a legall tryall , as they pretended , and to awe and master the parliament ( for which they were cond●mned and executed as traitors , though never actually attempted : ) or the reformadoes or apprentices unarmed violence for a few hours , without seizing or secluding any member ; which yet the n generall , officers , and army in their remonstrances , letters , and papers , declared to be treasonable , and pressed for speedy and exemplary iustice against the chief actors and abettors of it , to prevent the like attempts and force for the future . but what is the true and onely ground of all this outcry ? surely the generall conncell of the o●ffi●rs of the army in their answer of ian. , . pag. , . , . ingenuvsly conf●ss ; 〈◊〉 it was no●hin● , but our vote upon the long nights debate , on the fisth of december last ; that the answers of the king to the propositions of both houses were a ground for the house to proceed upon for the set●lement of the peace of the kingdome ; being the largest , the safest , and benefioiallest ever yet granted by any king to his subjects since the creation : and that we resolved to settle a speedy and well grounded peace , upon most honourable and secure termes for the kingdomes publike interest and felicity , not our owne particular advantages , after seven years bloody expensive wars ; and refused to follow the p●rnicious treasonable iesuiticall advice of these enemies of peace , ( who intend to make a lasting trade of war ) in breaking off the treaty with the king , upon the first tender of their treasonable remonstrance , n●vemb . . ( some few dayes before the treaty expired ) contrary to our publick engagement both to the king and kingdome : and would not directly contrary to our oathes of supremacy and allegiance , our o solemn protestation , league and covenant , our multiplyed remonstrances , declarations ' , petitions , propositions , and engagements to the king , kingdom , people , scotland , ireland ; all forraigne protestant states and the world , immediately imprison , arraigne , condemn , depose and execute the king ; dis-inherit and banish the prince , and royall line as traitors , dispose of all the crown revenues towards their arrears ; dissolve the present parliament forthwith , subvert all future parliaments , and the ancient government of the kingdome by king , lords , knights , citizens and burgesses duly elected , and alter all the fundamentall lawes and statutes of the realme , set up a new utopian representative , and supream anarchicall tyranny of the people , to destroy both ● magistracy , ministery , government , peace , religion and liberty at once ; betray bleeding , dying ireland ( then near its ruine ) to the bloody , popish , irish rebells ; and bring speedy inevitable destruction on our three kingdomes , and those respective counties , cities and burroughs for which we serve ; the only contradictory wayes to peace and settlement , which they prescribed in their long-winded remonstrance , and the only p good intentions ( though the worst that ever entred into the hearts of saints ) to justifie their unparalleld force upon our persons , and our false imprisonment ever since , which they confesse in it self to be irregular and not justifiable . do● therefore here in my owne behalf ( there being nothing case that can be objected against me but this speech and vote , which was carried clearly in the house without any division at all , and by . voices to . that the question should be then put , ( though i bee not obliged to render any accompt or reason of anything i spake or voted in the house to any mortalls but the house alone ) appeal to the great and righteous judg of heaven and earth , ( to whom the army and officers have so oft appealed in this cause ) to the burrough of new-port in cornwal , and all the free burgesses in it , ( who without any privity or desire elected mee for their trustee and burgesse ) to all the counties , cities , burroughs , and freemen of england and wales , to the united kingdomes of scotland and ireland , to all the protestant churches , kingdomes and states in forraigne parts , yea to the judgements and consciences of the generall , officers and souldiers of the army , and to all the rest of the world who shall peruse this speech , and the reasons inducing me cordially to consent to the former vote , and dissent from the armies remonstrance ; whether i , and the rest of the secured or secluded members , whom they so oft term , the corrvpt maiority of the hovse ; or the garbled minority who dissented from us and the generall , and generall councell of officers in the army , be the greatest apostates and renegadoes from our publick trust and duties ; the greatest betrayers and renowncers of the law and doctrine of the peoples liberties and freedome ; the greatest boils and plague-sores of the kingdome ; the greatest mad-men struck with a pestilentiall phrensy , the greatest self-seekers of our own particular corrupt interests , the reallest re-imbroylers of this miserable wasted nation in war , blood , oppression and tyranny . and whether we or they bee most guilty all those calumnies and censures they have thus rashly and censoriously published and cast upon us , before any proof , hearing , or conviction of us , to wound us , and render us odious to the present and all future ages ? and whether our d●ryed vote , q till the passing whereof , they affirm , they said or acted nothing in relation to the parliament , or any member of it , ( as if their remonstrance of nov. . their high declaration full of menaest against the dissenting numbers , novemb. . their removing the houses former guards , and marching up to london against the houses command , decemb. . to over-awe the members in their debate before the vote passed , were nothing to the house or any member ) or their undutifull remonstrance , novemb. . be the more honourable , safe , just , conscientious , speedy and certain way to settle a firme and lasting peace in all three kingdomes , with most security and advantage to the kingdomes , and all honest mens publick interest , both for the present , and all succeeding generations ? and if upon the serious perusall and consideration of the intire treaty , and of this my ensuing speech , comprehending the principall graunds and reasons of that vote ( though much more was spoken by many worthy and more able members in that most solemne debate , which i leave to them to publish if they please , ) the burrough for which i serve , and all others to whom i have here appealed , shall give up their verdict for me , and the other secured and secluded members , that i and they have herein faithfully discharged our trusts and duties to god and man , to the king , kingdoms , church , people , and army too , ( as we have sincerely done it to our owne consciences , in the uprightnesse of our hearts and spirits ; ) wee shall then hope , that all these r rayling accusations against us , [ and their violence offered to our persons and priviledges ] will vanish into smoke , and returne upon their owne pates with highest infamy and dishon●ur , as being most really guilty themselves of all these false calumnies against us and that wee shall appeare spotlesse and innocent from these great pretended transgressions both before god and men. howsoever , seeing our owne consciences pronounce us innocent , we shall cheare up our hearts with this sacred cordiall , matth. . , , . blessed shall you be when men revile you s and separate you from their company , and say all manner of evill against you falsely for my name sake ; rejoyce and be exceeding glad , for great is your reward in heaven , for so persecuted they the prophets which were before you : till god in his owne due time and way t shall bring forth our righteousnesse as the light , and our judgement as the noon day , in this present world , or acquit us of them at his owne tribunall in the world to come , at the great day of judgement , when the secrets of all learis shall be revealed , and every man condemned or absolved before the angels , and all mankind by christ himselfe u according to his workes , not good or evill intentions , or hypocriticall pretentions , which may delude the world for a time , but never god nor christ x before whose all-seeing eyes , all things are bare and unridged , appearing in their proper colours . in the mean time , christian reader , i submit this plaine-dealing rude speech to thine impartiall censure , by which i desire to be acquitted or condemned , justified or impeached of the good or evill of the forementioned vote ( the only crime i am guilty of ) against all these calumnies and the armies violence to my person : who have only two pleas to justifie their treasonable violence upon the secured and secluded members , which i shall here briefly examine . the first is y their honest intentions of publique good . to which i answer , first , that no pious nor ●onest intentions can justifie or excuse any irregular actions , though neither scandalous nor prejudiciall unto men , but seemingly pious and devout , as is cleare by the examples of the z bethsheemites , a vzza , b saul and c others , much lesse can they excuse or justifie any treasonable , scandalous and flagitious acts of violence and oppression ( as yours are both against the king and members ) against your oaths , trusts , covenants , which are morall sinnes and evils against many d expresse scriptures and that very devine charge to souldiers luke . . doe violence to no man , &c. that christians must in no case doe evill that good may come of it : rom . . their damnation being just that doe it , therefore not so great an evill , so many complicated evils as you now act upon any intents of publike good . thirdly , christians e must abstaine from all appearance of evill : provide things honest in the fight of all men ; and f give no offence to the gentiles , churches of christ , or any others whatsoever , to the scandall of religion , under paine of severe condemnation . therefore no pretences of honest intentions for publike good can justifie , or extenuate your present irregular and most scandalous actions , which offend all sorts of conscientious , morall and carnall men , and the worst of turk● and beathens will condemn . . your pretended honest intentions for publike good are nothing ilse but the most . treasonable destructive designes and irreligious projects against all publike good , peace and settlement , that ever entred into the hearts of christians , expressed at large in your remonsteance and declaration of nov. . & . to which you referre ; as , the disposing and murthering the king &c. the●evils and wickednesse whereof i have here and elsewhere demonstrated at large ; and to justifie your horrid force on us , by such detestable intentions , is the very hight of wickednesse and atheisme ; which highly aggravates not extenuates your violence and crimes . . if intentions or pre●entions of publique good , may be pleaded to justifie this force of yours , the gunpowder traytors , jermin , percy , the apprentices , challoner , jack cade , jack straw , all rebells , and cavaliers , who all pleaded their honest intentions of publike good : yea , every idolater under heaven who worshippeth any idoll or devill with a religious and pious intention , as the true and onely god , and those bloody persecutors , john . . who thought they did god service in killing the apostles and saints of christ , shall by this new army divinity , justifie their idolatrie and persecution to be no sinne nor crime at all : for shame then let not such an absurd irreligious and wicked excuse and justification as this● be ever henceforth named nor owned among saints , which very pagans would blush to ●vow . the second and chief excuse and justification , is , an * extraordinary necessity for publike good leading them thereunto : this they endeavour to manifest by sundry particulars : which as they are apparently false and scandalous is themselves , over tedious to re●u●e , and waved by them in their ●ixt head of necessity , reducing all the grounds of our seisure & sequestration from the house to our vote of decemb. . so it is but a meere false pretence , and no justification at all if true . but to take away this ple● of necessity altogether , it stands but upon these two generall feet . first , that the members secured , and secluded , were a corrupt majority of the house , secondly , that if they had not thus secured and secluded them , they would have proceeded to the settlement of a speedy peace with the king in pursuance of this their vote : ergo the army were extraordinarily necessitated to secure and seclude them . this is the logick of the whole answer , all surmises concerning forepast miscariages in the house , and packing of new elections [ in which themselves and their owne party are most peccant , few of their elections being due or faire , and divers of them voted voyd , as mr. fryes , blagraves , and others who now sit and vote ] and all miscariages concerning irel. which are false , [ specified only without verity or proof against any of us ] relating nothing at all to our present seclusion of which they confesse the vote of decemb. . to be the onely impulsive cause . the plaine english of the first ground of their necessity is this . the majority of the house of commons [ which in all debates is and alwayes hath been the house ] over-voted the minority or lesser part . ergo there is a necessity , that the army should s●●lude them , that so the smaller number might sit alone without them and vote what they please , [ as now they doe ] and null and repeal what ever the major part had voted repugnant to the armies designes . this new utopian necessity [ never heard of nor pretended in the world till now ] ought to be eternally exploded , as the horriddest distructive monster to government , and states , ever yet produced in the world , as i shall cleare by these particulars . first , it utterly subverts , the undoubted rights , priviledges , and constitutions of all parliaments or councells whatsoever . from the beginning of the world till now , whether civill , military , or ecclesiastical , wherein the majority of voices upon the question , ever carries the vote , and is still reputed the act of the whole councell or parliament● adly , it overthrowes the legall forme and proceedings in all popular elections of knights , citizens , burgesses , mayors , bayliffs , coroners , verderers , wardens of companies , common-councell-men & all others , ever carried & determined by the plurality of voices , of those who have right to elect . dly , it overturnes their new bable , to wit the agreement of the people , and new representative , in which themselves resolve , the majority of the electors ought to chuse their new representatives , and the votes of the major part of them who meet , ought to bind all the rest , and not the minor part to seclude or sway the rest . thly , it will soon dissolve their new erected strange generall councell of the officers of the army , where all matters are yet concluded by plurality of voices , where if the major part should vote against the kings trayterous beheading , or the agreement of the people , the levellers , being the lesser part , upon this pretended n●oessity , that they are a corrupt majority , may forthwith forcibly soize on & secure them , and make themselves the only general councell though the fewest , and act what they please , when the others are secluded . ly , it subverts all rules of judicature & justice in al courts of . justice , where there are more judges & justices then one , where the majority of voices ( as likewise at commitees ) over-rule the minority : who upon the pretence of necessity , and being a corrupt majority , may be kept forcibly from or pulled off the bench , by any persons who suspect they will encline or give judgement against them , in any cause depending before them . ly , it lays a foundation for all the tyranny , villany & oppression that can be imagined , which the levellers begin in some places to pursue , & the army too . for example . the king ( say they ) if he & monarchy continue , will in time grow too strong for the people . ergo there is a necessity we should pul down monarchy & him now , & have no more kings to rule over us . the house of lords will be too potent for the commons & have a negative voice to cross what they shall vote . ergo we are now necessitated whiles we have power in our hands , to pull downe the house of lords and lay their honour in the dust. the city of london was too powerfull , rich and wealthy for the countrey and us heretofore , and kept down sectaries from publick offices , ergo whiles we have the power in our hands , we must break down all their out workes , divide & lay aside all their militia , empty their bagges , pull downe their pride , throw out their old officers , put in new ones of our own faction , take away their liberties and freedome of elections contrary to their charters , & sundry acts of parliament , dispense with common-councel-mens oathes ; and so inslave the city to our vassalage . this is their present practise . the land-lord● & rich men in the country are too potent for their tenant● , & the poor , ergo we must by force of armes out of extraordinary necessity , now abate the tenants rents , alter their tenures and customes , share their lands and wealth amongst our selves and the poore : and if any poore man by forging an act of parliament or otherwise , pretend a title to any rich mans lands , turne the rich man out of possession , and put the poore into it : as some levellers and souldiers have lately done in essex in the case between sir adam littleton and one pointz : against all rules of righteousnesse● law and conscience , such a monster is this plea of necessity for publick good , already grown unto through the armies power , and how soon it will proceed to draw the blood of many gallant gentlemen , lords , and members now secluded ( for fear they should prove the stronger as well as the major number , and therefore must lose their heads to prevent al future dangers & revenge ) god only knows . the second ground for the necessity of our seisure and seclusion is this : that the pretended corrupt majority of the house would have closed with the king , & setled the kingdomes peace before this time had they not been secured . erg● the officers and army were necessitated to secure them as apostates from , and infringers of their trusts . i answer : this is very ill logick , and worse divinity . for first , is not the o end of all just wars whatsoever , nought else but peace ? . is it not gods command and every saints and christians duty p to pray for peace ? q to follow peace with al men● to r seek peace and pursue it ? to s study to be quiet and live in peace ? to t live peaceably with all men , as much as in us ●yeth ? and is not our god a god u of peace ? our saviour jesus christ x the prince of peace ? the holy ghost y a spirit of peace ? the gaspell it selfe z a gospell of peace ? and can , or dare● any saints then pretend a necessity to levy warre even against the parliament and members themselves ( which is high treason ) onely upon this pretended necessity , that they desire and indeavour to settle peace in our kingdome ? thirdly , is not peace the greatest earthly blessing that god can bestow upon us ? and u hath promised out of his love to give us as a most signall favour ? is it not the thing we have all payed for , fasted for , fought for , paid for , longed for and earnestly desirid for many yeares ? doe not all counties , cities , villages , families , yea every sort [ except those who make a trade of warre to enrich themselves by the kingdomes ruines ] but more especially distressed ireland , cry all out unto us with one unanimous cordiall and continuall clamar , peace , peace , for the lords sake , no more warres , no more blood shed , no more plundering , no more free quarter , no more taxes , but peace , peace , or else we perish ? and if so , the generality of the people and kingdome , being by the armies principles , the originall and fountaine of all just power , there is an absolute necessity lyes upon us , who are their trustees to make and setlle . peace , but no necessity for the army to hinder or secure us from effecting it , yes a necessity for them to assist us in it , and release us to accomplish it , which by gods blessing we had done ere this . object all that they can object , is ; that we would have made an unsafe and dishonourable peace with the king , upon his owne termes , to the peoples prejudice and enstaving . answ. to which i answer : . it is the foulest , falsest , and most malicious scandall that ever man could invent , which the ensuing speech will abundantly refute , to the shame of those who dare to aver it in print . . admit it true : yet an unjust and unequall peace , is better , safer , and more honourable for us , ( now we are quite exhausted , and can manage warre no longer , and ireland so neere its ruine ) then the justest warre ; which ought not to be undertaken at first without absolute necessity , and nes to continue one houre longer then that necessity endures , especially if it be a civill warre between those of the same nation , blood , religion ; or a defensive warre , as our warre is , who have now no armed enemies to encounter ; and so there can be no pretence of necessity to continue a warre , or so great a recruited army , unlesse it be to enslave us to martiall law and tyranny , in stead of peace and liberty . . neither god , nor the kingdome , nor majority of the people , ever made the army iudges of the goodnesse or badnesse of the intended peace , but the parliament onely ; the onely proper iudges likewise of the necessity of peace or warre : and therefore for them thus forcibly to wrest this iudicatory out of the houses bands , without a lawfull calling to it , and to imprison those who are iudges of it , is neither b christian , nor warrantable , but the highest insolency and rebellion ever offered to any parliament in any age : and upon this account , every souldier who hath a cause depending in parliament , or in any court of iustice , may by as good iustice and reason pull all the members out of the houses , and iudges from the benches , that would not give iudgement for him , be his cause never so unjust , and make himselfe , or the generall councell of the army his onely iudges , who may proceed to iudgement on his side , before any hearing or appearance before them by his adversary , in such sort as they have proceeded against us . but admit there were an extraordinary necessity for publick good , as is pretended ; yet to make necessity a plea for to justifie any m●rall sinne or evill , is monstrous in an army of saints . e nulla est necessitas delinquendi quibus una est necessitas non delinquendi , was the primitive christians maxime ; who chose rather to die the cruellest deaths , then commit the smallest sinne : had hugh peters , john goodwin , and these army-counsellors lived in our saviours dayes , they could have taught st. peter how to e have denyed his lord and master thrice together with oathes and curses , ( as the army have denyed and imprisoned their lords and masters , and cast them into bell , with oathes and curses too ; ) and to have justified it , in stead of going forth and weeping bitterly for it , as he did : because be did it onely out of necessity , to save his life when he was in danger . if these army-saints had lived in iulian the apostate's dayes , they could have instructed his souldiers how to have sacrificed to his ] idols , by throwing but a branch into the fire , out of necessity to sare many precious souldiers lives , rather then to be mariyred for refusing it : and had catesby , faux , winter , and piercy wanted an advocate or ghostly father to encourage them to blow up the parliament-house , king , nobles and commons at once , and justifie it when they had done it ; the generall officers , and councell of this army , and their two ●ore-named chaplains , ( had they been called to that confederacy at they are to this ) would have justified not onely the contriving but the effecting of it , with their plea of extraordinary necessity for the publique good : there being no difference between the armies proceedings and theirs ; but , that they would have blonn up the king , lords and parliament with gunpowder ; and the army hath now pulled and battered them downe with gunpowder and armes violence ; and what they did onely attempt modestly and covertly in a vault , ( for which they were condemned and executed as traytors ; though they had no engagements on them to protect the parliament ; ) the army hath done impudently , in attempting and affecting it in the open view of all the world : against their trusts , duties , covenants . and whereas some of them repented and were sorry for it , these saints doe not onely not repent of it but persevere in and justifie this treason in print , therefore those very powder-traytors shall condemn them , as being more modest and lesse sinfull then they , who have so many obligations and vowes upon them not to doe it , but detest it . . this plea of necessity for publick good , is the very iustification and foundation of f the jesuites treacherous practises to murther , stab , poyson all christian kings and princes whom they deem hereticall or obstructive to their designes ; to equivocate , lie , dissemble subvert whole kingdoms , blow up parliaments , and act any kinde of villanies . if you interrogate them , why they doe it ? or what arguments they use to engage others in that service ? they will inform you ; that necessity of publike good , and honest intentions to promote the catholike cause and popes authority , are the onely grounds and warrant for such irregular and extraordinary proceedings . and for the generall councell of the officers to take up this very iesuites plea , as the only argument to justifie their laste iesuiticall force and powder-plot upon the houses ; is an infallible argument unto me , that they are swayed and steered by iesuites in all their late councels and proceedings . . this plea of necessity , if admitted , will be a perpetuall president from the armies practice and rebellion , to justifie and encourage all kinde of factious and discontented people in all suture ages , be they papists , malignants , neuters , jack cades v●lgar rable , or royalists and cavaliers , when ever they have sufficient power in their hands , to seize upon , or secure and exclude any members in all succeeding parliaments , who vote not what they please , as a corrupt majority , who have betrayed their trusts ; since an army of saints , specially raised , waged by both houses to defend and protect them from any violence , and engaged by a solemne league and covenant to preserve them from it ; have publickly justified it upon these grounds to the members now sitting , and to all the world , and their chaplain john goodwin * in his right & might well - ( he should have then said ill - ) met , vindicates the eqvity & regvlarnes of the armies proceedings against us , vponvndeniable principles , ( as ●e stiles them ) as well of reason as religion , ( ô monstrous divinity worthy to be burnt by the hands of the hangman ) which will totally subvert the priviledges , freedom , honor and power of parliaments in all times to come , if not vindicated by some exemplary act of justice , and a professed law and declaration against such insolencies , as in the * five members cases . and so much the rather because the members now sitting under the armies force , on thursday the . of ianuary , . passed this stupendious vote , destructive to the priviledges , freedom , honor , safety and being of the present and all future parliaments and most injurious and scandalous to the secured and secluded members , prejudged and condemned both by them and the army , without ever being heard , or any proofs or witnesses produced , to make good any general or particular charge against all or any of them ; which vote we must totally disclaim , and publiquely protest against , as the most dishonorable that ever passed within the houses walls , being repugnant to the protestation of both houses , the solemn league and covenant and many declarations of the house , inviolably to maintain the rights , priviledges , and freedom of parliament ; and the highest breach of priviledge ever offered by members to their fellow-members since there were parliaments in the world . the vote is this , that the house doth approve of the substance of the answer of the generall councell of officers of the army , to the demand of this house , touching the securing and secluding some ( to wit , above besides those frighted thence , being half as many more ) members thereof ; and appointing a committee of , ( whereof most are new elected members and mr. fry , whose election is voted void ) or any five of them , to consider what is fit further to be done upon the said answer of the generall councell of the officers of the army , and present the same to this house ; and the committee to meet this afternoon in the exchequer chamber . the injustice of this vote ( beside the breach of priviledge ) will appear by these particulars . first , in justifying the most horrid and treasonable force of these officers of the army that ever was offered to any parliament or members in any age contrary to the expresse statute of * e. . which the houses heretofore so deeply resented that they oft declared against it in case of the king , who did only come and demand but * five members , * but feixed neither of them ; and impeached jermin and piercy of high treason , only for tampering to bring up the northern army ; and executed chaloner and tomkins for traytors for conspiring to force the houses , and seize some members under a pretext to bring them to justice . yea , the parliament in e. . n. . among other charges , condemned and executed roger mortimer , as a traytor and enemy to the king and kingdom , for offering violence to some few members of parliament sitting at salisbury ; and forcing others thence . and the parliament of r. . cap. . condemned the earls of arundel and warwick , and duke of gloucester as traytors for forcing the king and parliament , by a power of armed men arrayed in warlike manner , to consent to bile against their wils ; & to adjudg some of the kings liege people therein , ( much more them , if the king himself , as now ) to death and to forfeit their lands and goods : in the parliament of r. . tea the parliament of . h. . ● . . . articled against richard the second , that he held the parliament of . r. . viris armatis & sagittariis immensis , and kept an extraordinary guard of armed men brought out of cheshire , ( who forced , abused , and took free-quarter on the people ) the better to over-aw the parliament , and take away the lives of some noble-men . and the parliament of h. . cap. . adjudged and declared jack cade , to be a most horrible , odious , and errant false traytor , for forcing the king and parliament held at westminster , in h. . to grant some petitions , and stirring an insurrection , and rebellion under colour of justice for ref ormation of the lawes ; and proceeding upon the same grounds in such manner as the officers and army now do ; and made void , an nulled all judgments and proceeding whatsoever made under the power of his tyranny ; which the officers and army have farre exceeded ; in seizing , imprisoning and securing so many members ; ( and having the king himself to an illegall triall for his life ) which jack cade , and his levellers and reformers never did . and therefore for them to approve this act and answer of theirs , against so many presidents , declaring it high treason , must be an unexpiable offence . secondly , in prejudging , scandalizing , and condemning above two hundred members at once , without any proof , evidence , or hearing ; when as they ought in iustice to have been heard , and some particular impeachment against them by name , before thus censured . thirdly , in approving the many false calumnies . laid and suggested against them only in the * generall ; the falsity whereof is well known to themselves and the world , and tacitely confessed by the release of above twenty of them by the generall and officers , without any cause assigned for their restraint or particular charge against them ; they confessing some of their restraints to be injurious and mistakes . fourthly , in being iudges in their own cases , and accusers and witnesses too against the secluded members ; sundry members of the commons house , being both members of the generall councell and army ( contrary to the * self-denying ordinance ) as cromwell , skippon , ireton , harrison , ingoldesby , sir william constable , henry martin , &c. and sitting and acting in both ; hammering all things they design in the generall councell first , ( as the agreement of the people , and the like ) and then presenting them to passe for current in the house , and penning their declarations , remonstrances , &c. against the priviledges and members of the house ; a thing never practised by any members till these : who make the councell in the army the principall engin to carry on all their projects in the house . from which intolerable abuse all the late distempers of the armie , and mutinies against the houses have for the most part proceeded . fifthly , in that they being but between and members only , have presumed by this vote and a declaration of ian. . to censure above ; and to consent to their long restraint and seclusion , in stead of righting and releasing them ; and impeaching or committing the chief authors of and actions in their securing and secluding , and bringing them to speedy iustice according to their covenant and * declarations against seizing any members . sixthly , in presuming to passe such a vote as this , whiles under a visible armed force ; when as this house adjourned and refused to sit upon the kings demand of the five members , till they were righted . and mr. speaker , and most of the members now sitting , deserted and fled away from the house , upon a far smaller force then this ; even after the force was ever , refusing to sit till the houses were restored to a condition of honor , freedom and safety ; and declared all votes , ordinances , orders and proceedings meerly null and void , during their absence ; though not made under any such apparent force as is now upon the house , and when there were at least twice as many members sitting as now , and not one secured nor secluded from coming freely to it without fear . seventhly , in justifying these two iesuiticall and destructive grounds and pretences of this violence upon the house and members of honest publique intentions , and necessity for publique ends , which i have proved so absurd , impious and dangerous in sundry respects , and such as by any armed party whatsoever may bee made use of upon all occasions to force and destroy all future parliaments . vpon all which considerations , i shall now take out the solemn league and covenant , these members of the house , and officers of the army have so solemnly taken and made to god , with hands lifted up to heaven , and most apparently violated in this and other particulars of late ; and ( in case they proceed still obstinately in these violent and perfidious wayes ) shall use the same words as * amurath the second ( sixth king of the turks ) once uttered in the great battail of varna , when uladislaus king of hungary broke the truce hee had made , sealed and sworn to him in the name of christ , and gave him battail and was like to rout him ; vpon which occasion and extream danger , amurath beholding the picture of the crucifix in the displayed ensignes of the christians , plukt the writing out of his ●osome , wherein the late league was comprised ; and holding it up in his hand , with his eyes cast up to heaven , said . behold thou crucified christ , this is the league thy christians , in thy name , made with me , which they have without any cause violated . now if thou be a god , as they say thou art , and as we dream ' , revenge the wrong now done unto thy name and me , and shew thy power upon thy perjurious people , who in their deeds deny thee their god. vpon the uttering of which words , the battail presently turned , the perjured king uladislaus , cardinal julian , and many other bishops and others , ( the principall authors of this scandalous and detestable perjury and breach of covenant ) were slain ; with many thousand common souldiers , and the whole army routed and sattered . the like exemplary punishment or divine vengeance these perfidious * covenant-breakers cannot but expect will speedily befall them , ( now they have the fervent prayers of most godly ministers and people against them , as they had formerly for them ) unlesse they seriously repent , reform , and retract all their late perjurious , scandalous actings and proceedings against their multiplyed oaths , protestations , covenants , votes , remonstrances , declarations , promises , engagements , and publique faith both to god and men , at which conscientious christians and prophane persons every where stand amazed , and i hold my self in duty and conscience obliged . to k reprove them for it in publique , that they may be ashamed , and brought the sooner to reform their detestable exorbitances in this kinde ; to the kingdomes , parliaments , kings , armies ruine , and their own . before i conclude , i shall answer only two scripture-texts , * produced by john godwin , and others , to justifi the force upon us . sthe first is , david's eating of the shew-bread , which was lawfull only for the priests to eat ; which yet was lawfull for him and his men to eat in case of necessity to preserve life , there being no other bread , sam. . , , . matth. . . and that to save the life of a man , ox , or beast fallen into a ditch ; a man in such a case of necessity may break the sabbath , luke . . ergo , the army in case of necessity may lawfully imprison and seclude the members . the sum of a his book . i answer , that the argument is a meer inconsequent , if granted : i or , first , the eating of shew-bread in it self was no morall evill ; nor the saving of a mans , ●x , or asses life , but a thing lawfull and commendable : but the resisting of lawfull authority contrary to duty , oath , covenant , aud offering unjust violence to the persons of those whom the army are obliged to protect , and have no authority by the law of god or man to seize or imprison ; is a morall sinne against the fifth commandement , and many expresse texts fore-quoted . therefore the cases are no wayes parallel . secondly , the eating ●of shewbread , in case of necessity to preserve life only , is neither within the intention nor meaning of exodus . . . as abimelech himself acknowledged to david in these words , the bread is in a manner common , &c. sam. . . and our saviour himself seems to intimate , matth. . . that the pulling out of an ox or asse on the sabbath day , being an extraordinary act of mercy and necessity too , was not within the intent of the fourth commandement , though within the words . whereas the violence done to our persons and the houses is both within the words and intention of the forecited texts . thirdly , these two necessities were present , absolute , certain , and that onely to save the life of a hungry or sick person ; or of a perishing beast . but the officers and armies lives were not now in any imminent danger of death for want of bread ; nor their horses of asses cast into a ditch by us : and the imprisonment of our persons was neither to preserve their own , nor their horses lives from present death ; but to hinder us from preserving the lives of three dying kingdoms . therefore these examples and texts are very extravagant . fourthly , though david and his young-men did eat the shewbread ; yet it is observable , that they did not take it away violently from the priests , though it were to save their lives , ( as souldiers now take free-quarter against mens wills ) nor offered any violence to abimelech's person , nor put him by his priests office , ( as some souldiers now forcibly enter into our ministers pulpits , when there is no necessity : ) but they staid , till they had his opinion in point of conscience , whether they might take it , and till the priest * gave him the hallowed bread : so as the argument from hence must be ; david and his men , even in case of necessity to save their lives , would not take so much as a loaf of bread , till the priest voluntarily gave it them : ergo , the officers and army may lawfully take free-quarter upon , and forcibly seclude and imprison the members of parliament against their duties , covenant , and their consents . is not this pretty logick and divinity from john goodwin , who deems himself the only compleat disputant and divine in the kingdom ? doth not the contrary directly follow from the text : ergo , they ought not to take free-quarter , nor offer the least violence to their persons without their consents ; according to john baptists doctrine to souldiers , luke . . do violence to no man. fifthly , the other argument is as absurd . it is lawfull to pull an ox or an asse on the sabbath day out of a ditch , to save their lives : ergo , it is lawfull for the officers and army forcibly to imprison and seclude commoners out of the house , and keep a force upon the house ; ( yea , to send armed regiments of morse upon the sabbath day round about london streets and the countrey when there is no necessity ) to destroy mens lives and liberties , and three kingdoms too . sixthly , could oxen and asses fallen into a ditch speak , as well as men in a ditch , they would call for help to draw them forth to preserve their lives . so that this act of charity , ( not violence in pulling them out on the sabbath day , is with their full and free consents and desires . then set the comparison right , and the argument thence must be this : a man on the sabbath day ) out of meer charity and necessity may lawfully pull a man , ox , or asse out of a deep ditch at their requests and desire , ( where as the iew at teukesbury perished in the iakes , out of which he would not be pulled on his sabbath ; ) ergo , the officers and army may lawfully cast the members of parliament by force and violence into hell , prison and use them worse then any oxe or asse , without and against their consents and priviledges . i hope * balaam's asse with a mans voice , will rebuke the iniquity and madness of this false prophet , and absurd disputer ; who is like to * david's horse and mule , without understanding , whose mouth must be held in with bit and bridle , lest he fall upon us hereafter , in such foul scurrilous language as he hath done already , in his might overcoming right , which will vanquish might at last , in despite of all the forces on earth . i have no more to add , but only this , that if holy david himself had now been a member of the commons-house , or king of england , he had certainly been seized , secured and secluded the house by the officers of the army , and condemned by some sitting members for this one divine sentence of his , * psalm . , . my soul hath long dwelt with him that hateth peace : i am for peace ; but when i speak thereof , they are for war : this is my only crime , and those secluded with me , that we passed a vote for the settlement of peace upon the treaty . but let me speak to these members , officers of the army , and their chaplain peters , who are such enemies to our peace , ( which had by gods blessing been firmly setled and secured before this , had not the army thus violently interrupted us , and put us upon iesuiticall dangerous new wayes of new wars and certain ruine instead of peace ) in the words of our savior unto peter , when he drew his sword , and smote off the high-priests servants ear : put up thy sword into the scabberd , for all they that take the sword , shall perish by the sword : he that will causlesly lengthen out a warr to the ruine of kingdomes , when he may have peace upon safe , just , and honorable terms , shall be sure to perish by the sword of war , or iustice upon earth ; ( the true meaning of that text , gen. . . who so sheddeth mans bloud , by man shall his bloud be shed ; more properly applyable to souldiers in the letter , who have slain men in the wars , then to the king himself , who never actually shed any mans bloud ; who is none of those heathen kings within hugh peters text , psalm . , . whom the army-saints have not only bound in * chains , but intend to execute , not with the two-edged sword of the word of god according to the words of the sense of the text , but with the a● and sword of iustice , contrary to the text , without and against all president , law , and justice , to the eternall infamy of our religion , which detest such jesuitism : ) and shall never enjoy temporall , spirituall , or eternall peace in earth or heaven , nor any blessing or protection from the god of peace , who in his own due time , i● despite of all the devills in hell , and iesuites , forces or armies upon earth , will create peace for , and settle it amongst us to our own hearts content : the speedy accomplishment whereof , as it alwayes hath been , so it ever shall be the constant prayer and endeavour of thine and his countryes wel-wisher , and the armies captive , william prynne . from the sign of the kings-head , iune . . mr. prynnes letter to the borough of newport in cornwall , for which he serves in parliament . gentlemen , being freely and unanimously elected by you ( without my privity or seeking ) to serve as one of your purgesies in this parliament , i have since my entrance into the commons house ( the th of nevem . last ) endeavoured to the best of my skill and judgment , faithfully to discharge that trust and duty you reposed in me , ( according to my conscience ) to put a speedy and happy period to our unnaturall long-lasting bloody wars , and settle a firm well-grounded peace , upon such terms of honor , freedome , safety , and advantage , as no subjects under heaven ever yet enjoyed from the creation till this present . what my indefatigable endeavours were herein , in drawing up all the bils upon the kings concessions in thellate treaty , is wel known to most of the members then sitting , and what i delivered in the house upon the debate of the kings answers to our propesitions upon the whole treaty ( with a sincere and publique spirit , aiming at nothing but yours and the whole kingdoms felicity and prosperity , not any private interest of mine own ) i have sent you here in print , being falsly charged by a new erected generall councell of officers of the army ( who have traiterously usurped to themselves the supream authority of the kingdom , and against the known priviledges of parlia . the liberty of the subjects , and the law of the land forcibly seised on my self , and divers other eminent members going to the house to discharge our duties , on the th . and th . of decemb. last , in pursuance of the treaty , and secluded me and them from sitting there ever since , to yours and the whole kingdoms prejudice ) among other secured members in the gross , for an apostate from the publike trust which you reposed in me , only for this speech , and the vote of the whole house ; for the settlement of the kingdom● peace , made in pursuance of it ; they having no particular matter ●else to charge me with ( had they any just power to impeach or seclude-me , which they have not ) but this alone . how perfidiously and injuriously they have dealt with , and how scandalously they have traduced and libelled against me , and the other restrained members in print , upon this occasion only , you may read in the epistle to the reader , though mine and the other members innocency be so perspicuous , that they confesse , they have yet no particular matters of impeachment against us , after above weeks imprisonment , but promise shortly to produce some [ if they can : ) whereas their owne treasonable rebellions , violences , perjuries , and crimes written with sun-beams in their very forcheads , are visible to all the world , and need no witnesses to prove their guilt ; their late unparallel'd exorbitances and proceedings both against the king , parliament , lords , members , city and country being known and apparent unto all i shall therefore appeal from these usurpers , ( who have no more authority to question or restrain me , for any reall or pretended breach of my trust , as a member , were i guilty of it , then the meanest servant hath to call his master to account for mis-governing his family or to shut him out of doores : ] unto you alone , who elected me , and are best able to know and judge of your owne trust ; desiring your speedy resolution of this question , whether in that herein spoken or voted by me , i have any wayes violated the trust or faith which you and every of you reposed in me ? for which speech and vote , though i am judicially accountable only to the commons house , which knowes the true grounds upon which i went , and can only truly judge of what was there spoken and voted ( none being * fit to judge any thing but those who know and hear it too ) the majority of which house concurred with me in the vote , without any division : yet , i hold my selfe in some sort ministerially accomp●able unto you for whom i serve , as the properest iudges , without the house doores , of what i spake or voted in your behalfe . from whom i shall humbly request so much right and justice , upon the perusall of the inclosed speech and papers , ( which i desire may be read openly before all my electors at your next publique meeting ) as to testifie to the world under your hands and seais ( which you set to the returne of my election ) your own judgments and opinions , whether i have betraid or broken the trust you reposed in me or not , by what i spake or voted in this debate ? and what sense you have of the armies forcible secluding and imprisoning me [ your burgesse ] from the house , among other members , above seven weeks space together , contrary to mine and your undoubted priviledge ; how far you conceive your selves obliged by ought that hath been or shall be concluded , or voted in the house during the armies force upon it ; and your burgesses [ and most other members ] violent seclusion thence , against all law and president , and what reparations you expect for this high injustice to your selves and me : with what else you-think fit to determine touching the premises : and if you deeme it necessary , to returne your results herein to me , with all convenient speed : who shall make the best advantage thereof for yours , mine own and the kingdoms benefit : whose peace by ( gods blessing ) had beene fully settled to your hearts content before this time , had not the enemies of peace ( who gain their livings by the warres ) interrupted our proceedings , by imprisoning and s●●luding the greatest part of the members , and particularly from the kings head in the strand ian. . . your most affectionate friend and faithfull servant and burgesse william prynne . to his honoured friends the vianders and free burgesses of the borough of newport in cornwall , these present . the substance of a speech made in the house of commons , by william prynne of lincolns inne esquire , on munday the th . of decemb. . touching the kings answers to the propositions of both houses upon the whole treaty , whether they were satisfactory or not satisfactory ? mr. speaker , being called to be a member of this house without my privity or seeking and against my judgment ( having formerly refused many places freely tendered to me ) by the unanimous election ( without one dissenting voice ) of that borough for which i serve , and by a divine providence entring within these doors in this great conjuncture of the highest publique affairs that ever came within these wals , wherein the very life or death , the weal or ruine of this kingdom , ( if not of scotland and ireland too ) consist in our ay or no , upon the question now debating , i shall with the greater boldness , crave liberty to discharge my conscience towards god , and duty to my dying country , which now lies at stake : and so much the rather because [ for ought i know ] it may be the last time i shall have freedome to speak my minde within this house . that i may , in this great debate more sincerely speak my very heart and soul without any prejudice , i shall humbly crave leave , briefly to remove two seeming prejudices , which may ( perchance ) in some members opinions inervate the strength of those reasons i shal humbly represent unto you , to make good my conclusion touching the satisfactorinesse of the kings answers to the houses propositions . the first , is that wherewith some members have upon another occasion the last week , and now again tacitely aspersed me , that i am a royal favorite [ alluding to the title of one of my books , out of which some have collected an abstract in nature of a charge against the king , and this day published it in my name ] and am now turned an apostate to the kings party and interest . to which i shall return this short answer , [ i hope without any vain-glory or boasting , being thus provoked thereunto . ] that i have opposed and written against the king and his prelates arbitrary power & illegal proccedings more then any man. that i have suffered from the king and prelates for this my opposition , more then any man. that if the king and prelates be ever restored to their pristine arbitrary power and illegall prerogative , i must expect to suffer from them as much , if not more then any man. that all the royal favour i ever yet received from his majesty or his partie , was the cutting off both my ears , two several times one after another , in a most barbarous manner ; the setting me upon three severall pillories at westminster and in cheapside , in a disgraceful manner , each time for two houres space together : stigmatizing on both cheeks : the burning of my licenced books before my face by the hand of the hangman : the imposing of two fines upon me of . peece ; expulsion out of the innes of court and university of oxford , and degradation in both , the losse of my calling almost nine yeares space , the seisure of my bookes and estate , above eight years imprisonment in several prisons , at least of these years spent in close imprisoment and exile in carnarv an in northwales , and in the lsle of iersey , where i was debarred the use of pen , inke , paper , and all books , almost but the bible , with the least accesse of any friend , without any allowance of diet for my support . and all this for my good service to the state in opposing popery and regall tyranny ; for all which sufferings and losses , i never yet received one farthing recompence from the king or any other , though i have waited above years , at your doors for justice and reparations , and neglecting my own private calling and affairs imployed most of my time , studies , and expended many hundred pounds out of my purse , since my inlargement , to maintain your cause against the king , his popish and prelaticall party . for all which cost and labour , i never yet demanded nor received one farthing from the houses , nor the least office or preferment whatsoever , though they have bestowed divers places of honour upon persons of less , or no desert nor did i ever yet receive so much as your publike thanks for any publike service ●on you , ( which every preacher usually receives for every sermon preached before you , & most others have received for the meanest services ) though i have brought you off with honor in the cases of cant. and macg. when you were at a loss in both ; & cleared the justness of your cause when it was at the lowest ebb to most reformed churches abroad , ( who received such * satisfaction fro my books , that they translated them into several languages , ) & ingaged many thousands for you at home by my writings , who were formely dubious & unsatisfied . now if any member or old courtier whatsoever shal envy my happiness for being such a royal or state favorite as this , i wish he may receive no other badges of royall favour from his majesty , nor greater reward or honor from the houses then i have done ; and then i beleeve he will no more causlesly asperse or suspect me , for being now a royal favourite , or apostate from the publike cause . true it is ( which it behoves me now to touch ) that about years since i published a book , entituled , the royal popish favorite ; wherein [ as likewise in my hidden works of darknesse brought to publique light ; published a year after it ] i did , with no little labour and expence , discover to the world , the severall plots and proceedings of the iesuites , papists , and their forraign and domesticke confederates , to introduce and set up popery throughout england , scotland , and ireland , and how farre they had inveagled the k. not only to connive at , but to countenance and assist them in a great measure , more fully & evidently then any else had done . and those worthy members of this house who drew up that declaration whereupon they voted , no more addresses to the king , plowed but with my heyfer , borrowing all or most of their real materials from my writings ; a convincing evidence , that i am yet no more a royal favourite then themselves . yet this i must adde withall , to take off that aspersion , of being an apostate from my first principles , that i never published those books ( as i then professed in them , and now again protest ) to scandalize or defame the king , or alienate the peoples affections from him , much lesse to depose or lay him quite aside , though i am clear of opinion , that kings are accountable for their actions to their parliaments and whole kingdoms , and in case of absolute necessity , where religion , laws , liberties , and their kingdoms will else be inevitably destroyed by their tyrannicall and flagitious practises , be deposed by them , if there be no speciall oaths nor obligations upon their consciences to the contrary , ( which is our present case : ) much less did i it out of any malice or revenge for the injustice i received from him in the executions done upon my person and estate , which i have long since cordially forgiven , and do now again forgive him from my soul , beseeching god to forgive him likewise : but meerly to discover his former errours in this kinde unto himselfe , that he might seriously repent of them for the present , and more carefully avoid , and detest them for time to come : and that the parliament and whole kingdom might more clearly discern the great danger our religion was in before we publikely discerned it , and the several wayes and stratagems by which popery got such head and growth among us , that they might thereby the better prevent the like plots and dangers for the future by wholesom laws and edicts , as i have more largely declared in the books themselves . this grand prejudice against me being thus removed , i proceed to the the second , to wit , that i am an enemy to the army ; and therefore what i shall speak , may be interpreted to proceed only from opposition against them , and their remonstrance , concerning which i freely uttered my suddain thoughts immediately after its reading in the house . to this i answer , that i have alwaies been a real friend , and welwisher to this army from their first modelling til now , in what ever they have acted in their sphear , as souldiers for the publique safety . when they were first formed into a body , the committee of accompts ( whereof i was a member ) & those they engaged , advanced about thirty thousand pounds of the fourscore thousand , to set them out . since that , i have freely contributed towards their pay , prayed constantly for their good success , joined in all publike thanksgivings for the victories obtained by them ; made honorable mention of them and their heroick actions in some of my writings , and particularly dedicated one book , i since compiled , to the general himself , ( as i had done former books to others of your generals ) for to do him all the honour that possibly i could , for his renowned actions . besides i have lately signed warrants to get in their arrears , and promoted an ordinance for that purpose , all i could since my entrance into this house . all which considered , with this addition , that some of them have bin my ancient intimate friends , & never did me the least injury , i hope no member can be so partial , as to report me such a professed enemy to them , as in this grand debate to go against my judgment or conscience in opposition only unto their desires . true it is when the army have forgot their duty , or offered violence to the priviledges , members , freedom or proceedings of parl. or endeavoured to engage them to break their publike faith to the king or kingdom , in breaking off the treaty , contrary to their votes and engagement , or to infringe their solemn league and covenant , or to enforce them to subvert the fundamental government , laws , & liberties of the kingdom , or the very freedom and being of parl. as they have done in their late remonstrance , and declaration , and some other printed papers since , & heretofore , i have then ( in discharge of my covenant , conscience , and duty ) opposed and spoken against these their exorbitances , as much as any , not out of malice , but out of love , to reclaim them from their evill destructive courses and counsels , according to gods own precept lev. . . thou shalt not hate thy brother in thy heart , but shalt in any wise rebuke thy neighbour , and not suffer sin upon him . and seeing i have alwayes with like freedome opposed and written against the exorbitances and errour of the king , court , prelates , parliament , committees , presbyterians , independents , lawyers , and all other sorts of men in reference to the publick good , the army and their friends have no cause at all to censure me as their enemy , but rather to esteem me as their friend , for using the like freedom towards them , and their exorbitances , especially in this house . having removed these two prejudices , i shall now addresse my self to the question in debate , which hath been thus propounded , whether the kings answers to the propositions of both houses taken altogether upon the whole treaty , be satisfactory or unsatisfactory ? this being an equivocall question not hitherto clearly stated and debated by those who have spoken to it , most of them being much mistaken in it , i must crave leave to give you the true state of it , before i shall debate it ; for which purpose i must distinguish , in what sense it is not satisfactory to any in this house , & yet in what respect it will appear satisfactory to all or most of us , who are not blinded with passion or prejudice agaisnt the king , or misled by affection meerly to please the army , which many have made their principal argument , wherefore it is not satisfactory . if the question be propounded and intended in this sense , whether the kings answers to all the propositions be satisfactory ? that is , whether the king hath granted all the propositions sent unto him in as large and ample manner as both houses did propound them ? then it is certain , his answers are not satisfactory , in tha which concerns delinquents , bishops and bishops lands , and the covenant , though they are voted satisfactory as to all the rest by both houses . and in this sense only , those who have concluded them not satisfactory , have stated and disputed the question . but this , under favour , neither is , nor can be the state or sense of the question , for these reasons . first , because these propositions were sent by the houses to the king , not as bills of parliament , to be granted in terminis without debate or alteration , but only as propositions to be debated & treated upon personally with the king , as the votes of both houses , and instructions to the commissioners sent to the isle of wight , resolve past all dispute : now it is directly contrary to the nature of all treaties , especially such as are personall , to tie up the parties of either side so precisely , that they shall have no liberty to vary from their first proposals in any particular , or if they condescend not to what ever was at first demanded by the stronger party , that the condescensions should not be satisfactory though they yeeld to all just things , and fall short only in some few of least concernment . this is evident by all treaties heretofore between england , france , spain , and other forraign nations , if you peruse their first demands , which were never condescended to , but alwaies receded from , and qualified in some particulars on either fide , iniquum petas , ut justum fer as , being a rule in treaties amongst statesmen . there have been many treaties during these wars , between the officers of the parliament and kings party about surrenders of divers cities and garrisons , wherein the first propositions on either side have been moderated or changed , and yet agreed and accepted at last as satisfactory to both sides . in all ordinary treaties concerning marriages , purchases , and ordinary bargains in fairs , markets or shops , there are usually greater sums of money demanded at first on the one , and lesse proferred on the other side , then is accepted and given at last , and yet both parts close , agree and are ful satisfied : so may we do now with the king upon the whole treaty , though the king grants not fully all that we at first proposed . secondly , because the houses have already voted , the kings concessions of the great offices of england and ireland to be at their disposal for . years , to be satisfactory ; though their demand was for perpetuity : which they would not have done , had the satisfactorinesse of the kings answers depended upon the full concession of that proposition as amply as it is penned . thirdly , because the houses in their last propositions demand farre more then ever they did in most former treaties , and the king hath granted them more now in this then they have demanded heretofore ; and therefore having granted more then what would have fully satisfied them in former treaties , his concessions in this may be fully satisfactory to us , so far as to close with him , to settle a firm peace in the kingdome ( now at the brink of ruine ) though they fall short in somethings which we now propounded . ) which do not much concern our security , as i shall prove anon . the true state then and sense of this question must be this , and no other . whether the kings finall answers to the propositions of both houses in this treaty , considered and weighed all together , be not so full and satisfactory in themselves , that this house may and ought to accept of and proceed upon them , for the speedy settlement of a safe and wel-grounded peace , both in church and common-wealth , rather then reject them as unsatisfactorie , and so hazard the life of all , and the perpetuating of our wars and miseries ? in this sense , i humbly conceive and hope to evidence them so clearly & fully satisfactory , that we can neither in point of duty , prudence , justice & honor , or conscience reject them as unsatisfactory , but ought to imbrace them , as the only safe & ready way to our peace and settlement , though they come not up so fully to some of our propositions , as i could have heartily desired , for the avoiding of this hazardous debate . for my clearer progresse in this grand debate i shall observe this method . first , i shal clearly manifest , that the king in this treaty hath granted us whatsoever we can wel desire for the present settlement & future security of the common-wealth or state , when ratified by acts & a regal oath , as is intended ; yea , far more then ever our ancestors , or any subjects in the christian world enjoyed or desired of their ks. for their security & preservation against their armed power , or legal prerogatives . secondly , that the king hath granted as much in this treaty , as will settle and secure the peace and government of our church and religion against popery and prelacy on the one hand , and prophanenesse on the other hand ; and more then we or any protestant churches ever enjoyed , or demanded heretofore for their security and settlement . when i have made good these particulars and answered the objections made against them ; i hope every one of us , who have any ingenuity , reason , or conscience in their brests , and are not transported with passion , or private engagements to the contrary ; will , and must of necessity vote these answers satisfactory in the sense forestated . i shall begin with the first of these ; namely , the kings answers to all these propositions which concern the present settlement , and future security of the state and republike against any armed force , or invasions of the regall prerogative , to the enslaving or prejudicing of the subject ; which in my poor judgement are so full and satisfactory , that little or nothing can be added to them ; and if we well consider them , we have cause to say ; o fortunati nimium bona si sua norin● ! i shall give you a full view of them all , because many of them have not been so much as once remembred in this debate , and apply them to our present settlement , and future safety , as i mention them . the first proposition , for the settlement of a safe and wel-grounded peace , is that which concerns the justification of the parliaments war , declaring it by an act of parliament to be passed , to be in their just and lawfull defence : justifying the solemn league and covenant in prosecution thereof : and repealing all oaths , declarations , and proclamations heretofore had , or hereafter to bee had against both or either houses of parliament , their ordinances or proceedings , or against any for adhering unto , or executing any office , place , or charge under them , and all judgements , indictments , outlawries , attainders , & inquisitions in any of the said causes , and all grants thereupon made , had , or to be made or had , to be declared null , suppressed , forbidden , and never put into execution . and this to be published within all parish churches , and all other places needfull within his majesties dominions . to this proemiall and advantagious proposition , the king hath fully and readily condescended at first , in every tittle , as was desired . by this concession , the parliament hath gained sundry considerable advantages , tending to their present honour and future security . first , a full publick acknowledgment of the justnesse of their warre and cause , to be ratified and perpetuated to posterity by the highest record that can be , an act of parliament , and that to be read in all parish churches throughout england , ireland , and other the kings dominions ; and proclaimed in all counties , cities , corporations , and at assizes and sessions of the peace ; that so all men may take publick notice of it . which is such an honour to , and justification of them and their cause , as was never condescended to by any king that took up arms against his subjects since the creation to this present : and so low a humiliation and legall disclaimer in the king of his warre against the parliament , and disavowing of his cause and party , as could possibly be imagined or expected . secondly , it secures the lives , liberties and estates of all the members of both houses engaged in these wars , and of all persons whatsoever that have adhered to , or acted for them , against all former , present , and future impeachments , prosecutions and judgments whatsoever ; and makes void and nul , what ever hath been , is , or may be objected against them . which coupled with the act of indempnity and oblivion , proposed by the king , and agreed to by the houses , wil extraordinarily secure , pacifie , & content all wel-affected members , and persons who have adhered to them in this cause , and preserve them from the danger of e. . and other laws concerning treasons , which otherwise upon any revolution of times and affairs , might by corrupt judges and instruments be extended and rested to their prejudice aud undoing . thirdly , it laies a foundation for the lawfulnesse of a defensive war by authority of both houses , upon the like occasion , in all future ages , without incurring the guilt of treason or rebellion ; which will be a great encouragement and security to the subjects , and engagement to them to adhere to the parliament in after-times . fourthly , it wil very much discourage and deter all kind of men from taking up arms in the kings , his heirs and successors behalfe , against the houses of parliament , when they shal cast their eyes upon this act and behold the king himselfe passing such a censure upon all his own proceedings , and retracting his own oaths , proclamations , commissions , inditements , grants , against such members & all others who have now taken up arms against him , for the houses & kingdoms defence . so as this very first proposition only , if well weighed , without any others added thereunto , being so fully and freely consented unto by the king , tends very far towards our present settlement and future safety , being more then was ever thought of , or desired in the treaty of peace , in february and march , . the second proposition fully granted by the king for the setling and securing of the state and religion too , against the kings armed power , is the setling of the whole militia by sea and land , and navy of england , ireland , and the isles and dominions thereunto belonging , by act of parliament , in the hands and disposall of both houses , and such as they shall appoint , for the space of twenty years : with power to raise moneys for all forces raised by them for land or sea service , during that space or time ; which forces are authorised to suppresse all forces raised or to be raised in , or any forraigne forces which shall invade the realms of engl. ireland , or the dominions and isles thereunto belonging , without authority and consent of the lords and commons in parliament : and it further provides , that after the expiration of the said . years , neither the king , his heirs and successors , nor any person or persons , by colour or pretence of any commission , power , deputation or authority to be derived from the king , his heirs or successors , or any of them , shall raise , array , train , imploy or dispose of any of the forces by sea or land of the kingdomes of england and ireland , the dominion of wales , isles of g●ernsep and iersey ; or of barwick upon tweed , nor execute any power or authority touching the same , invested in the two houses during the space of twenty years , nor do any thing or act concerning the execution thereof , without the consent of the lords and commons first had and obtained . and that after the expiration of the said twenty years , in all cases wherein the lords and commons shall declare , the safety of the kingdome to be concerned , and shall thereupon paffe any bill for the raising , arming , training and disposing of the forces by sea and land of the kingdomes , dominions , isles and places aforesaid , or concerning the leavying of moneys for the same , if the king , his heirs and successors shall not give the royall assent thereto , within such time as both houses should think conveent , that then such bil or bills after declaration made by the lords & commons in that behalf , shall have the force and strength of an act or acts of parliament , and be as valid to all intents and purposes , as if the royal assent had been given thereunto . after which it disables any sheriffe , justice of the peace , majors or other officers of justice , to leavy , conduct , and imploy any forces whatsoever , by colour or pretence of any commission of array , or extraordinary command from the king , his heirs or successors , without consent of both houses . and concludes , that if any persons to the number● of shall be gathered together in warlike manner , or otherwise , and not forthwith disband themselves , being thereunto required by the lords and commons , or command from them , or any other specially authorized by them , that then such person or persons not so disbanding , shall be guilty and incur the pains of high treason : any commission under the great seal , or other warrant to the contrary notwithstanding , and be uncapable of any pardon from his majesty . his heirs and successors , and their estates disposed of as the lords and commons shall think fit . to all this new grand principle security of our present and future peace and settlement , the king hath given his full and free consent in terminis . and what greater security then this wee can imagine or demand against the kings armed power and sword of war , transcends my capacity to imagin . therefore if we have not lost our brains and consciences too , we cannot but vote and conclude it satisfactory , and restabundantly contented with , yea exceeding thankful for it . and that upon all these ensuing considerations . first , both houses in their treaty with the king in february , and march , . * demanded only the militia of england not of ireland , yet so , as they did leave the nomination and disposing of the chiefe commanders , officers , and governors of the militia , forts and navy of the kingdome , to the king : provided only they might be such persons of honor and trust as both houses might confide in : and likewise promise restitution of all moneys , forts , garrisons , arms and ammunition of the kings which they had seized upon , or to give him present satisfaction for the same ; which being granted and performed , they professed , it should bee their hopefull endeavour , that his majesty and his people might enjoy the blessing of peace , &c. and be derived to him , and to his royall posterity , and the future generations in this kingdome for ever . whereas in this treaty the king denudeth himselfe of the militia of england , and ireland too , and of the nomination and approbation of all officers , commanders , governors of the militia , or forces by sea or land ; and leaves all the forts , navy and magazines only to the houses disposall , without any compensation for his magazines or armes formerly seized by them . and if far lesse was deemed sufficient for our settlement and security then , much more will all this be thought so now . secondly , because the king hath wholly stript himself , his heirs and successors for ever , of all that power and interest which his predecessors alwaies enjoyned in the militia forces , forts , navy , not only of england , but ireland , wales iersey , garnsey , and berwick too , so as he and they can neither● raise nor arm one man , nor introduce any forraign forces into any of them , by vertue of any commission , deputation , or authority , without consent of both houses of parliament , and hath vested the sole power and disposition of the militia , forts and navy of all these , in both houses in such ample manner , that they shall never part with it to any king of england , unlesse they please themselves . so as the king and his heirs , have no military power or authority at all left , to injure or oppresse the meanest subject , much lesse the whole kingdome , or houses of parliament , had they wills to doe it ; and the houses having all the militia by land and sea , not only of england , but even of ireland , wales , garnsey , iersey and berwick , to assist and secure them in case he or his heirs should attempt to raise any domestick , or introduce any forraign force against them , is so grand , so firm a security in all probability , for insuring and preserving of our peace , religion , lawes , liberties , lives , and estates , against regall force and tyranny , that none of our ancestors ever demanded or enjoyed the like , nor no other kingdome whatsoever since the creation , for ought that i can find in histories or republicks ( who have perused most now extant to do you service ) and such a selfe-denying cond●sconsion in the king to his people , in this particular , as no age can president . in the year of king iohn , the barons having by force of armes , * compelled him to confirm the great charter at runningmead , near windsor , thought this their greatest security , that of the eminentest barons should be made conservators of the magna char. and that all the rest of the barons and people should take an oath to be aiding and assisting to them in their preservation thereof ; and that the king should surrender into their hands his four principall castles , that so it he infringed his charter , they might compell him to observe it . this was the highest militia , and security of that kind our ancestors ever demanded or enjoyed ; ( which is nothing comparable unto that now granted us by the king , ) who rested satisfied therewith . . because the king and his successors are hereby not only totally disabled to raise any forces to oppresse the people , or disturb their peace , and settlement , but all persons discouraged from aiding or assisting them by any commission or authority whatsoever , under pain of high treason , and losse both of life and estate , at the pleasure of both houses , without any benefit of pardon from the king , disabled for to grant it . so great a discouragement for any persons of fortune or quality , to appear for the king or his party in the field for time to come , that in all humane probability , none ever will or dare to appear in arms hereafter for the king , against the parliament , being sure to forfeit all without any hopes of pardon . and if this act had been passed as a law before our wars , i dare presume not any one english lord , or gentleman durst once to have appeared in the field for the king , and wee had never felt the miseries of a civill war. fourthly , because the militia of ireland , ier●y , guernsey , and wales as well as england , is wholly transferred from the king , to the houses , so as we need fear no danger thence ; and the militia of scotland being in their parliaments disposall , if wee hold a brotherly correspondency with them , i know no other enemies we need to fear ; for the navy being in the houses power , wee need not fear any forraigne invasion that can hurt us , if we can agree at home . all which considered , i dare assert , we have now the greatest security of any people under heaven against all armed regall force and power , the king having given up all his military power into the houses actuall possission , and resigned his sword and armes into their hands . and if we refuse to accept it now he so freely resignes it , we may fight till doomesday , but never win nor hope for the like security or advantage ; yea the present age and all posterity will curse and abhor us , for not embracing , and resting satisfied with such unparalleld security . but is this all the security the king hath granted us in this treaty ? no verily : there is yet much more behind , which hath not yet been opened . the kings of england , have alwaies held two swords in their hands , which when ill managed , have hurt & destroyed their subjects . the first is the sword of mars , in times of war , which is already sheathed , and resigned into the houses hands by the precedent concessions , so as it can never wound them more . the other is the sword of iustice in times of peace ; and this likewise the king hath wholly given up into the houses power , for twenty years , as he hath the militia ; so , that it can never hurt them nor any english man or other subject hereafter , at least for twenty years . this sword was formerly intrusted by the king in the judges and great officers hands● had they been so couragious , so upright as they should , the king could never have wounded or ruined the meanest of his subjects with this sword. shipmoney , kingh●hood , with other grievances & monoplies , neither would nor could have been imposed on the people by the kings prerogative or power , had the judges , according to law and duty , declared them illegall . the kingdome can do no injustice to any , it his judges be so just and stout as to do justice . whereupon this house impeached only the judges , not blamed the king , for the project of shipmony , to which their opinions in mr. hampdens case , gave life & vigor . now the king in this treaty , hath for twenty yeeres at least , granted to both houses the nomination and appointment of all the great officers , civill or military , and of all the judges and barons of his courts and exchequers within england and ireland , to continue in their places only , quom diu bene se gesserint . so as these great officers & judges having now no dependence at all upon the king , who can neither place nor displace any of them , but wholly upon the houses of parliament , and such as they shall appoint to nominate them in the intervals of parliament ; if the houses have a care to make good officers and judges in all courts at first ; and to displease and punish them ( as they may and ought to do ) when they degenerate , or misdemean themselves , the king with all his legall power now left him , can neither injure nor oppresse the poorest subject in body , goods or , estate ; nor protect the greatest malefactor from justice . and what more can we desire to expect for the security of our lives , liberties , or estates than this ? besides , as the● king hath intrusted you with the sword and courts of justice and revenue , so hath he with his conscience and courts of equity too : you have the nomination of the lord chancellours , lord keepers , and commissioners of his great seals of england and ireland , of the chancellours of the exchequer and dutchy , and masters of the rolls , as well in ireland as england , who are the dispensers of his equity & conscience to his subjects , the issuers of al his commissions , writs , patents , and keepers of all his publique records . if this be not enough , you have the disposall of his purse , and treasure too : the nomination of the lord treasurers both of england and ireland , of the chancellours and barons of the exchequers in both , and of the vice-treasurer and treasurer of wars in ireland . would you have yet more ? you have the nomination of the lord deputy , and chief governour of ireland , and of all the presidents of the severall provinces of that kingdome for twenty years , and of all other forenamed great officers , judges and treasurers there ; a great strength and reall addition to the militia of that kingdome , which can never doe us harm , if we accept of these concessions , which invest us in such power there , as no parl. of england ever yet expected nor laid claim to . what is there yet remaining for your safety ? perchance you will suspect , the king may have many secret designs and intercourses with forraign enemies and states , and grand malignants at home , to undo all , which we shall never discover without some further provisions then yet we have made . truly no : you have a remedy already provided and granted for this ; the nomination and appointing of the lord warden of the cinque-ports , the principall gates to let in , or keep out forraign enemies or spies ; and of the secretaries of state , who will be privie to all his maj. secrets and transactions of publick concernment , receive all letters of intelligence directed to him , and most commonly return all answers to them . there is now but one thing more wanting to make this security compleat and firm , the kings great seals of england and ireland , the greatest regall assurance & confirmation he can give you ; and of these you have both the custody and disposal , having the nomination & appointment both of the l. chancellors , l. keepers , and commissioners of the great seal in england and ireland . to summe up all these grants together ; some parliaments in former times have had the nomination of the lord chancellor , some of the lord treasurer , some of the great iusticiar or some few judges of england only : but never any parliament of england claimed or enjoyed , the nomination and appointment of any the great officers , barons , iudges , or treasurers places in ireland , nor yet of the l. warden of the cinque-ports , chancellors of the exchequer and dutcby , secretaries of state , master of the rolls , or bar●ns of the exchequer of england ; yet all these the king for peace sake hath parted with to us ; and shall we be yet so froward and peevish , as not to be satisfied with all those offices ? we have a long time mocked and abused the world , with a self-denying ordinance , disabling any member to retain or receive any civill or military office , by grant from the houses , whiles he continces a member ; though there is scarce one day , or week at least doth passe , but we are still bestowing some place or office upon members , for which we are weekly censured and reviled in printed pamphlets , and become odious to the kingdome . but here is a self-denying act and ordinance in good earnest , in the king , in parting with so many offices , ( of which he and his predecessors have had the sole disposall for some ages without interruption , ) to the houses ; & shal we not yet rest satisfied ? if not , what will the whole kingdome , what will all forraign kingdoms and nations report of us ? but that we are so foolish , so unreasonable , that nothing can or will content us , because we are resolved not to be content with any thing that the king shall grant us , be it never so advantagious for our present or future safety , and settlement . but seeing we have the disposall of all these officers in england and ireland , both military and civill , of his sword of war and peace , his justice , his conscience , his purse , his treasury , his papers , his publick records , his cabinet , his great seal , more then ever we at first expected or desired : i must really for my owne part , professe my selfe abundantly satisfied with these concessions , and so must every one who hath so much judgement , as to understand the latitude & consequences of them for the whole kingdomes , and dying irelands safety , settlement , especially at this season , when they are so neer their ruin . to this i shall adde another grant of great concernment for the peace and safety of this nation , which the king hath fully consented to in this treaty , and i presume no member of this house will rest unsatisfied therewith , when he fully understands it . both houses of parliament upon the lord keeper littl●tons deserting of the house , and conveying away the great seal ; were pleased for the better distribution of justice , and transaction of the great affairs of the realm , to appoint a new great seal to be made . the ordinance for its approbation and use sticking long in the lords house , who were somewhat doubtfull in point of law , i thereupon compiled and published a treatise , intituled the opening of the great seal of england , which fully satisfied them , and opened the doors to let it out , for publick use , though some who have had the custody of it ( as mr. speaker knowes ) have but ill requited me for this my pains & good service . many grants , commissions , presentations , writs , processe , proceedings , and other things have passed under this great seal , ( and some patens for offices and bishops lands , to members of this house , who differ in opinion from me , and yet would be glad to have their patents confirmed by an act of parliament . ) the king in this treaty , hath not only consented to ratifie all the grants &c. that have passed under this new seal , by act of parliament ; and to enact them , to be as effectuall to all intents & purposes as if they had passed under any other great seal of england heretofore used , but to continue it to be used hereafter for the great seal of england , and hath likewise so farre disclaimed his old great seal from the day it was carried from the parliament , that he is content , to make and declare all grants , commissions , presentations , writs , processe , proceedings and other things whatsoever passed under , or by any authority of any other great seal , since the of may . to be invalid and of no effect , to all intents and purposes ; except one grant to mr. justice racon , to bee judge of the kings bench , and some other writs , processe and commissions mentioned in that proposition : and he hath further yeelded , that all grants of offices , lands , tenements , or hereditaments , made or passed under the great seale of ireland , unto any person , persons , or body politick , since the cessation in ireland , the septemb. . shall be null and void , with all honours and titles conferred on any person or persons in that realme since that cessation . by this concession the houses of parliament and their adherents , have gained these extra ordinary advantages , most of them not to be paralleld in any age of king , from adom till this present . first , an acknowledgement of both houses authority to make and use a new great seal of england , without the king , in cases of extraordinary necessity . secondly , a power in the houses to null and voide the kings usuall great seal upon the making of their new , and conveying the old seal from the houses without their consent . thirdly , a ratification of all judiciall and ministeriall acts , writs , processe , presentations , grants , decrees , commissions and other things which have passed under the new seal since its making till this present ; which tends much to the qulet and settlement of many mens estates ; to the confirmation and justification of all legall proceedings in all courts of justice , and at all assises and sesstons of peace , held by vertue of commissions under this seal , and of justices appointed by it ( whose authority and proceedings might else hereafter prove disputable , and bee drawn into question : ) and to the fight constitution of the parliament it selfe , many members of this house being elected , and some members and assistants of the lords house being called thither , by vvrits under this new seal . fourthly , an absolute disavowing and repeall of all commissions whatsoever , or other things passed under the old great seal , against the parliament or its proceedings , and an exposing of all those of the kings party , who have acted any thing by any commission or authority under the seal against the parliament , to publick justice , who cannot plead it in barre or excuse in any court , after it shall be nulled and repealed by an act. fifthly , a great disparagement , dishonour , and disadvantage to the english cavaliers , irish rebels , and their cause and proceedings , with a future disingaging of them and al their party from the king and his interest , who hath so far dishonoured , deserted , and disclaimed them , as thus to null and repeal all honours , titles , grants of offices , lands , or tenements bestowed on any of them , for any services done , or assistance given by them to the king in his warres against the parliament : a very high point of humiliation and self-deniall in the king , and such a blow to his popish and malignant party , that i dare presume they will never engage in his behalfe , nor trust him for the future : which will much conduce to the settlement of a firm and lasting peace , and prevent new vvars , if accepted of . ly . indempnity and security for all the commissioners of the new great seale , against all scruples which may arise upon the statute of . e. . for using and sealing with it , if ever the times alter : which every prudent man will readily embrace , where it is freely offered , and not peevishly reject , in such an age of danger and incertainty as this , in which no man is secure of his life , liberty , or estate on either side . the next concession of the king in this treaty is this : that by act of parliament , all peeres made since edward lord littleton deserted the parliament , and convey●d away the great seale on the one and twentieth day of may . shall be vn-peer'd and set by . and all other titles of honour , and precedency ( as lordship , knighthood , and the like ) conferred on any without consent of both houses of parliament since the twentieth of may , . shall be revoked and declared null and void to all intents , and never hereafter put in use . and that no peere who shall be hereafter made by the king , his heirs or successors , shall sit or vote in the parliament of england without consent of both houses of parliament ; this concession of the kings is of great concernment to the kingdome , and i conceive , without president , or example in any age or king in the christian world . first , it secures us from our formerly feared danger of a designe in the king , by new created peers , to make an over-ruling party at any time , in the lords house , wherein the iudicatory of the parliament principally consists : which danger and inconvenience , by secluding the bishops out of that house by an act already passed , and by this disabling all new peers hereafter to be made , to sit in that house without consent of both houses , is for ever totally prevented . secondly , it gives such an extraordinary new power to the house of commons , as they never formerly enjoyed or pretended to ; to wit , that no peer created by the king himselfe , or by the king or lords in parliament , ( who usually created peers in parliament without the commons privity or consent in former times ) shall be henceforth inaabled . to sit or vote as peers of parliament , but by consent of the house of commons as well as of the king and lords . by which provision , the commons are made not only , in some sense , the judges of peers themselves ( which they could not try or judge beforeby the expresse letter of magna charta chap. . and the * common law ) but seven their very creators too . thirdly , it is an extraordinary prejudice and blemish on the kings cause , and an extream dishonour , dissatisfaction & disengagement upon his own party , then which a greater cannot be imagined . for what higher affront or disgrace could the king put upon those nobles , gent. & others who have spent their estates , lost their blood , limbs and adventured their very lives in this cause against the parliament , and received no other reward for it but an empty title of honour [ perchance a kightship , lordship , or the bare title of a marquesse , earl , or viscount , which they have enjoyed but a year or two , with little benefit and lesse content , ] to be thus by act of parliament with the kings owne royall assent , ( who conferred those titles on them for their gallant services in his behalfe ) thus suddenly degraded and divested of them all , as if they had never been ? a perpetuall brand to them & their posterity , who must be inforced to give place to such of whom they have had precedency & place by vertue of these dignities . which high affront and scorne , i am verely perswaded , will pierce and break many of their own , at least their ladies hearts , and for ever disoblige them in the highest degree . thly , it will make all the ancient and new nobility and peers of england lesse dependent on the king , & lesse complying to serve his ends upon all occasions , being never able to gratisie or reward them ( though never so ambitious ) with any new honours or peerships , without consent of both houses of parliament , whom they dare not displease , or disoblige , for fear of crossing them in their desired dignities and titles , as well as in their great offices , which are both now in their disposall not in the kings alone . in brief , the king in his concession , hath manifested the greatest humiliation and self-deniall , that any king since there was a kingdome in the world hath done . it is , and hath been the ancient and undoubted prerogative of all kings in the world , but especially of the kings of england , to conferre honours & dignities of all sorts ( especially knighthood ) on whom they shall think meet , and more principally on those who have merited it by their gallantry in the field ; as mr. selden proves at large in his titles of honour , and others who have written of that subject . now for the king out of a desire only of a happy peace and settlement , not onely to part with much of the royall prerogative which all other kings in the world enjoy for the future , but to repeal the honours and titles conferred by him on his adherents , for reward of their services in times past , during all these wars , is such a miracle and high degree of selfe-deniall , as no age hath produced the like , and that which most of this house , had the king prevailed , would have rather lost their lives ( had they conferred any such titles on their generalls and commanders ) then have condescended to , should the king require it : and therefore i cannot agree with those over-censorious gentlemen , who so oft inculcate this , that they can see no humiliation at al or change of heart in the king , when i find so great a change , and deep a humiliation in him in this , and all other forementioned free concessions , without any or little hesitation ; and i heartily wish their owne hearts were as much humbled as his , and then i doubt on : but they would thankfully embrace , & rest fully satisfied with his concessions for their owne and the kingdomes benefit . the next proposition tending to the peace and settlement of the kingdome is this . that the king do give his royall assent to such act or acts for the raising of moneys for the parliament , & satisfying of the publique debts and damages of the kingdome , and other publique uses as shal hereafter be agreed on by both houses of parliament . and if the king do not give his assent thereto , then it being done by both houses , the same shall be as valid to all intents and purposes , as if the royall assent had been given thereunto . to this proposition the king hath condescended , so as those acts be passed within two years after the treaty ended : which the houses have now voted to be satisfactory . this proposition secures all moneys lent upon the publike faith : all arrears due to officers & souldiers , yea all moneys advanced by any who have purchas'd bishops lands , for their losses by reversions after years or any present rents , to be reserved to the crowne for the use of the church , ( with which those members who have purchased such lands or advanced moneys upon them , declare themselves most unsatisfied ) & all those who have sustained publique losses . yea , if the king denies his royall assent thereto , it enables both houses , to make a valid act of parliament without the king in this case , and in case of the militia likewise , which was never challenged by , nor granted to both houses in any kings reign before ; & takes away the kings negative voice as to these particulars : which those who conclude the kings answers unsatisfatory , have so much contended for , yet now stand in their own light , in not accepting of these concessions as satisfactory , and striking at the negative voice . the next concession of the kings for the settlement of the state , is the taking away of the court of words , and of all wardships and tenures in capite , or by knights service , which draw on wardships , primer seisures , liveries , and such like incombrances , to the intolerable vassalage and prejudice of the nobility and gentry of england , and great landed persons , and that only upon giving the king and his successors one hundred thousand pounds yearly for compensations , being one principall part of his royall revenue . this concession is of so vast consequence to the kingdome , to enfranchise the subjects from the norman yoak of bondage ( as some stile vvardships and tenures in capite , though others deem them more ancient then william the conqueror ) that our ancestors never enjoyed the like : it exempts mens heits under age , and their estates from being made a prey for hungry courtiers , or over-reaching committees of them & their estates : it exempts them from being married to any against their free consents , without any single or double forfeiture of the values of their marriages , to which they were formerly liable ; from marriages to persons of small , or no , or broken fortunes , and different dispositions , which have ruined many families , from many chargeable suits , expences , & excessive fees & gratuities to escheators , feodaries & all sorts of griping officers in the court of wards , and from vast expences and extraordinary vexation in finding , and traversing offices , suing out liveries &c. and many suits and questions arising thereupon , which have undone too many : and it deprives the king of such an over-awing prerogative over the persons and e●tates of the nobility and gentry , which usually fell into his custody after every tenants decease , as will very much weaken his interest in , and their over much dependence on him , and make them lesse subject to engage for , or with him against the parliaments or kingdomes common interest . the next proposition relating to the kingdomes safety and settlement , not so immediately and directly as any of the former , is that which concernes delinquents : in which alone ( as to the state ) the kings answers are pretended unsatisfactory , not in all , but only in some particulars , of no extraordinary concernment in my apprehension , though so much insisted on by many , as to vote all the treaty unsatisfactory . in opening the state of the kings answers to this proposition , i shall doe these . things : first i shall shew how far the king and you are both agreed . dly , in what particulars you really or seemingly differ . dly , i shall examine , whether these differences herein be of any such moment , as to induce the house to vote , the answers to this and the other propositions upon the whole treaty unsatisfactory , and so reject and lose whatever the king hath granted in the rest , because he hath not satisfied our demands in this one , and two others concerning the church . for the first , both houses by their votes , have thought this proposition touching delinquents , so needless to beinfisted on in every punctilio , for the publick settlement [ which will certainly more obstruct then promote it , merey & moderation being the nearest way to peace , and union ] that you have reduced , since the treaty , the persons excepted in the first qualification both from life & composition , from to only : six of those are beyond the seas , quite out of your power , the th , aged , scarce worth your execution . the king consents that they should be banished during the pleasure of both houses , which is a civill death , banishment being next to death , the severest punishment , and to some men , more grievous then present execution . but if that will not satisfie , then he leaves them wholly to your justice , to proceed against them , if you please , according to law , and promiseth not to interpose , nor pardon any of them if legally condemned ; only he adds ex abundanti , that he cannot in justice or honor , assent to any act , to take away their lives by a meer legislative power , ex post facto , if they have done nothing that was formerly capital by the known laws of the land , by which hee leaves them to be tryed . this answer many gentlemen who have spoken , have coucluded very unsatisfactory , and made many large descants on it , because they did not rightly weigh nor understand it ; when as in truth , it answers the very proposition in terminis : as i shall clearly manifest to all who understand what law is . first , it is apparent that one of the first quarrels and cause of taking up arms on our parts , was to bring delinquents to condign punishent , according to the laws and statutes of the realm , as you have declared to the kingdom in many printed declarations , and in your petitions to the king , you alwayes desired him , * to leave delinquents to the course of iustice ; not to cut them off by a meer legislative power , when as you could not doe it by any known law. secondly , you have professed to all the world , and to the king and delinquents themselves , that you have taken up armes to defend and preserve the ancient fundamentall laws and liberties of the kingdom , and to oppose the introduction of any arbitrary and tyrannicall power ; yea , your selves and the army likewise , have declared against all extraordinary proceedings and tryals in the lords house to fine or imprison without any indictment , or legall tryall by jury or verdict according to magna charta , and the common-law . therefore your bringing delinquents to punishment for life and estates , which in the first branch of this proposition must be intended only of a just and legall tryall ( as your selves have alwayes professed ) not by a new law in the post : and if so , then the king , in case you will not rest satisfied with the seven excepted persons banishment , is content to leave them to your justice , even for life and estate , according to the known laws of the realm , and will no wayes interrupt your proceedings therein , nor pardon them . therefore in this he fully consents to the proposition . but it hath been objected , first , that the king denyes to yeeld them up to justice , or to have any hand in their prosecution ; and therefore his answer is unsatisfactory . secondly . that this expression , that he ca● neither in iustice nor honour consent to any act for to take away their lives or estates , is as high a justification of them and his own cause , as possible , and contradictory to the first proposition , and declares the kings heart to be still in the same and unchanged . to which i answer : first , both these are so grosse mistakes and inconsequences , that i wonder how any intelligent man can insist upon them : for first , the king in positives terms , if you will not accept of their banishment , yeelds them up to a legall tryall , in which himself must be the prosecutor , the indictment being in his name , the prosecution at his suit by his counsell at law , and the witnesses produced on his behalf , as all men know , who understands what belongs to a legall tryall . therefore to infer from the kings answer , that he disclaims all prosecution of them , is direct contradiction and falsehood . secondly , the kings very condesconsion to their banishment and forfeiture of their estates for adhering to his cause and putting them upon their legall tryall , is an express disavowing of his own cause as just , and an acknowledgment of its badnesse and illegality ; and if the parliament should yeeld up those who have acted for and adhered to them to banishment , confiscation of estate , and legall tryall for their lives , i am certain the objectors themselves would protest , that therein they had betrayed their righteous cause , and deserted their best affected friends . thirdly , expressum facit cessare tacitum : the king having in direct terms , justified your cause and war as just , in the first proposition , acknowledged those persons exempted in this , and treated for under the very name & notion of delinquents , to be such , in this very proposition , and consented to their banishment and losse of estate , cannot without apparcht absundity be averred to justifie them and their cause in this his answer , which yeelds them up to the strictest legall justice , as delinquents . ly , those words of the king [ so much excepted against ] that he can neither in honour nor justice , consent to any act to take away their lives , who have acted any thing by his command , used and intended by him only in relation to his regall consent to a new law to condemn them , ex post facto , where there was no law before , are so farre from any exception , that for my part i should have held him neither just nor honourable had he omitted this expression . for can it be just or honourable for a king , to engage men in his service by special commission or command , when there is no known law to make their obedience criminall , and yet afterwards to give his royal consent to a subsequent law to take away their lives , & forfeit their estates for obeying his own royall commands ? suppose we were now in the kings condition and he in ours , and he should press you to consent to a new law , to make all those who have acted for you and by your commission in this war , traytors , and to lose their lives and estates for it , when there was no former law to punish them , would you not all give the self same answer as he doth , that you could neither in honor , nor justice ( nor yet in point of conscience ) consent to such a law ? and would not your selves and all other protest , you had neither justice nor honesty in you , should you be so base and persidious as to condescend unto it to betray all those you had engaged , and to give them such a requitall for their services ? would any person ever after honor , serve or trust you , should you do it ? or could you or any other honor , trust or serve the k. in any dubious imployment after this , if he should thus unworthily ex post facto betray his own party now ? this answer therefore of his clearly discovers to us , that there is yet so much justice and honor in him , as by no fear or danger to consent to such an unjust and unworthy act , as by a new law to cut off the heads of those himself engaged in his service , when there was no law extant then to do it , makes it more satisfactory unto me , then otherwise , and shews he doth not dissemble but is reall in his answers ; and i shall sooner trust and beleeve him now , then if he had consented to such an unworthy act . ly , this answer is both just and honorable , because if the king should assent to a new act to forfeit their lives and estates , he should condemne them rashly and unjustly without hearing their defence or evidence . and for the king to condemn any for traytors by a bil without hearing the cause or evidence against them , or to make men traytors by a law subsequent to their offences , is neither just nor honorable in every just mans judgment , and of very dangerous president , as * sir edw. cook , informs us , the lord cromwell , the inventer of such acts of attainder , being the first that lost his head by this new invention . all which considered , there is no rationall man but must conclude , the kings answer unto this branch touching delinquents , to be fully satisfactory even to your own demands , as well in words as substance , notwithstanding the objections against it . but admit the answer as bad as any have made it , shall we therefore conclude it so unsatisfactory as to break off the treaty upon it , and involve the kingdom in another war of which no man can know the end or issue ? god forbid we should ever be so unadvised . the persons whose lives you desire for a sacrifice to publick justice , are but seven in number , fix of them out of your power in forraign parts , where a new war will not reach them : the th an aged man , who may chance to dye before judgment or execution pass against him : you have all their whole estates at your disposal already , and their persons too by way of banishment , during both houses pleasure : and will you adventure another seven years war , and the losse perchance of seventy thousand mens lives , and as many millions of treasure to the ruine of the kingdome , for the bare lives of seven delinquents only , or in truth of one alone , who is fully in your power , which you may take away by a legall tryall without a war ? will not all the kingdome , nay all the three kingdomes , and whole world cry out upon you for such a frantick unadvised act as this ? yea and for such an unjust and wicked resolution , to hazard the lives and shed the bloud of many thousand innocents , and gallant men to take away the head of one or only of . vile delinquents ? the sparing of whose lives will * more conduce to settlement , and reall unity , then their deaths by the axe of justice . for shame then let us not vote the kings answer to this branch of delinquents so unsatisfactory , as to break off and lose all upon it , since i have proved it fully satisfactory in all things to your own last demands . as to the delinquents specified in the d . and d. qualification , the king and you are fully agreed . besides , the king consents to the exclusion of the delinquents specified in the first qualification from sitting in parliament , being of his councells , coming within the verge of his court , bearing any office , or having any imployment in the state , during the pleasure of both houses . thus far you are both agreed : only he desires this mitigation of their penalty in case they shall offend herein , that they may not be guilty of high treason and uncapable of any pardon , and forfeit all their estates , nor that those who shall return from banishment without leave may incur so high a penalty , but a more moderate , sutable to the law they shall offend . and to break only upon this excesse and extremity of punishment ( too high even in many wise mens opinions for such offences , and of dangerous president to posterity , it being the wisdome of our ancestors , to make as few * new treasons as possible , being only for the kings advantage and peoples prejudice ) when as a lesser penalty may as well , and sooner too , prevent the mischief , is neither safe nor prudent . as for the compositions of such persons , the king only desires their moderation , if you think fit , even to such proportions as the army it self in their proposals to him in aug. . thought reasonable ; and if you please not to grant it , then he leaves them to compound at such rates as you and they shall agree : and those are only such as you have already fixed on in former compositions , from which you will not vary ; and in case they will not compound at your rates , you have then the benefit of all their sequestred estates till their composition be made , which is your benefit and their losse . therefore in this [ though some have pleased without any colour of reason to assert the contrary ] you are both fully accorded . to the delinquents in the fifth qualification , the king consents to all your desires , with this exception only : that such delinquent ministers who are not scandalous in their lives or doctrine , & are already sequestred , may injoy the third part of the profits of their livings , for the support of them and their families , and be capable of future preferments if they be thought fit to enjoy them . this some have concluded very unsatisfactory , because it craves some little favour for malignant ministers : but i beseech you consider , how inconsiderable the difference is , and how just and charitable the kings request is in their behalf . your selves , both by ordinance and common practise , grant the ful fifth of the profits of sequestred livings to the wives and children of sequestred ministers , as well in case of scandall and insufficiency , as mulignity : the king desires only , that such who have bin sequestred meerly for malignancy , and are not scandalous , may receive a third part in stead of a fifth , and for their future encouragement , having spent their time in fitting themselves for a ministry , and being fit for no other calling , and having lost their former livings , he requests only , that in this scarcity of able ministers , they may be capable meerly of future preferments , for which they shall be adjudged meet in such way as you shall appoint , not he or they . a just , a charitable request , and that which your selves have done , there being many able godly ministers of eminent parts and exemplary life who have not been so clearly convinced in point of conscience , as to concur with you in the late wars , for which they have been sequestred , and have since been better satisfied : and god forbid that such should be made utterly uncapable of the ministry , and they and their families starve for want of bread . i beseech you therefore , of al other things let us not break with the king upon this act of charity , of piety , lest all the world condemne us for uncharitablenesse , and judge the king to be more pious and charitable then we . and no doubt it will be the greatest charity to our selves , to our church , our religion , our kingdom at this time , rather to close with the king in this particular , then hazard all for a few third parts , and to be as charitable as his majesty . the more charity we shew , the greater unity , peace , amity , and better settlement we may expect . but the greatest dissatisfaction of all ( referred to this head of delinquents ) is in the kings answers concerning his present recalling of marquesse ormonds commission , to treat with , and unite the irish rebels . to which i answer : first , that this was no part of the propositions first sent , but a collaterall emergement discovered since the treaty upon col. iones his letter , and so the unsatisfactorinesse of the kings answer as to this alone , can be no just cause or ground , to vote the other answers unsatisfactory , or break off the treaty . dly , the kings granting of this commission to ormond at the time he did it , is no such hainous thing as many have made it , al circumstances considered . the king when the army would not close with him upon their own tearms the last year who treated with him without your privity , and against your orders , even then when they unjustly impeached the eleven members for holding secret intelligence with him and his party ( of which themselves were only culpable ; ) was shut up close prisoner in carisbrooke castle in the isle of wight by their procurement , and by the votes of both houses ( proceeding originally from the officers and the armies projection , promoted by their declaration , and engagement to joyne with the houses in setling the kingdome without & against the k. and forcibly passed the lords house by the armies garrisoning white hall , & billeting a regiment of horse in the muse to terrifie them to a concurrence with the commons ) quite laid aside like a dead man out of minde , and no more addresses to be made to him by the houses , or from him to them , and no accesse of any to him under pain of high treason , without both houses licence : the king in these extremities , the better to procure his own enlargement and the kingdomes settlement by a treaty , grants a commission to marquesse ormond to unite the irish forces then divided for the foresaid ends . extremities certainly put honest and wisemen too [ as the armies friends grant ] upon hard shifts for self-preservation , and this extremity put the king upon this of ormond . the king is flesh and blood as well as we , and nature teacheth him to use the best means he may for his own preservation , and deliverance in such a strait : the army the last summer refused to disband or suffer any of their forces to go for ireland ; to preserve and secure that kingdome , only from this ground of self-preservation , upon which they would now enforce you by their remonstrance , and marching up to your doors with their forces , to break off the treaty , or vote it wholly unsatisfactory● whence most gent. that differ in opinion from me have made this their sole or chief argument that the kings answers are unsatisfactory , because the army else will not be satisfied . if then your own army may thus disobey your votes , and force your consents , only upon a pretence of self-preservations and defence , when they are in no visible danger , the king by as good or better reason in this extremity of danger , might justly make use of ormonds endeavours for his better safety and enlargement . and if some members have affirmed in the house , ( as hath been alleadged in this debate ) that they would joyn with turks or the worst of nations , and call them in to their assistance rather then the king should come in by conquest : then the king by like reason might joyn with ormond and the irish , rather then be thus laid aside and destroyed . and what we our selves would do in his or the like condition , we cannot justly blame in him . thirdly , the king did never absolutely deny the recalling of ormonds commission , but only suspended it til the treaty ended , and if you then close with him , you have his engagement presently to recall it : if then you agree with him upon this● treaty , your demand in this is granted , and danger prevented , but if you will not agree at all , it is very hard measure to presse the king to a present disadvantage , who is like to receive no advantage by you , nothing being obligatory on either side til all be concluded . in fine , the king hath so far condescended to satisfie you in his finall answer , as to write a letter to ormond , to suspend the execution of his commission for the present , and engaged to revoke it so soon as you and he agree in future , and more then this , as the case stands , wee cannot well in justice require , and we should hardly grant so much were it our case as it is the kings : and seeing all our dangers may be prevented by our agreement with the king , and this demand then fully granted , there is no reason to vote this unsatisfactory , when we may have all we desire if we please our selves . however : i see no such differences between the king and us , in this of ormond and that of delinquents , as to vote the finall answer to them and all the rest unsatisfactory and so to lose england , distressed ireland , and all the former concessions for an unconsiderable dissatisfaction in these two particulars . the last proposition relating to the security of the state , is . that the city of london shall enjoy all their rights , liberties , franchises , and usages in raysing and imploying the forces thereof , for its defence ; in as full and ample manner as they used and enjoyed it heretofore . that the militia and city and liberties thereof , shall be in the ordering and government of the lord major , aldermen , and common-councell , or such as they shall appoint , and be imployed and directed as both houses shall direct ; so as no citizen , or forces of the city shall be compelled to go out of the city or liberties for military service without their own free consent . that an act shall be passed for the granting and confirming of the cities charters , customs , and franchises , notwithstanding any non-user , misuser , or abuser , and for confirmation of all by-laws and ordinances made or to be made by the lord major , aldermen , and common-councell concerning the calling , convening and regulating their common-councell : that the tower of london may be in the government of the city , and the chief governour thereof nominated and removeable by the common-councell● and all propositions , which shall be further made and approved by both houses consent , for the future welfare , and government of the city , confirmed by act of parliament . to all which the king hath fully confented ; so as his answer thereto cannot be voted unsatisfactory by any , but such who envy the cities weal and security , that themselves may the better seize and trample on it , to its enslaving and ruin . this concession is , first , a great honour to , and justification of your cause ; the * city having beene more cordiall to , active for , and bountifull towards you upon all occasions and exigencies then all other parts of the kingdome , the harbourers , and relievers of all who have fled from the enemies tyranny thither , for safety or reliefe , yea the onely treasury to advance monies upon all exigencies , and those to whom ( under god ) you pricipally owe your victories and preservation . now for the king to honour the city with such concessions as these , which hath beene most hurtfull to , and deepest engaged against him in this warre , is almost as high and full ( if not a greater ) justification of , and countenance to your cause , as this consent to the first proposition . dly , a great satisfaction to the city for all their services and expences , and a firm security against all future feares and sufferings for ingaging so deeply in your cause . dly , an extraordinary engagement to the city , faithfully to adhere to you and all succeeding parliaments , upon the like cause and occasion , and to other corporations to do the like . thly , a great security and advantage to the whole kingdome , whose weal and safety principally consists in londons welfare , its principall magazine , mart , bulwarke , refuge , and military security both by sea and land , wherewith the whole kingdome stands or falls : had the king once gained london in these warres , the parliament , and all england had been quickly lost , without hope of recovery , which will be in a secure or recoverable condition at all times , if it be safe and true to the publique interest , from which some have studied of late to disengage it , to ruine it , and the parliament too , which were alwayes free from eminent danger whiles cordially united , and near to both their ruines being now disjointed . i have thus as briefly as i could , ( with discharge of my conscience and duty ) run through all the propositions which concerne the security and settlement of our state against the kings armed violence , or exorbitant civill sword or prerogative , and other particulars relating to its peace and safety , with the kings respective answers thereunto . and for mine owne opinion , i humbly conceive them so fully satisfactory , and abundantly sufficient for our weal and safety , against all future dangers , and encroachments on our liberties : that if we conjoyn them with those other acts , the king hath already consented to this parliament , we can neither desire nor expect any additions to make us more compleatly happy and secure then any people or kingdome under heaven . the king hath already by acts of parliament condemned and suppressed ship-money , his owne monopoly of making gunpowder and saltpetre , fines for knight-hood , impositions upon merchants goods , tonnage and poundage , without grant by parliament , coat and conduct money , forrest bounds and laws , the grand grievances under which we groaned , heretofore , so as we need never feare their revivals , nor any others of that nature : especially since we have the nomination of all great officers and iudges , the chiefe promoters of them . besides , by act of parliament , hee hath for ever suppressed the bishops sitting and voting in parliament , ( a great disadvantage to him , they commonly voting what he pleased , and being wholly at his devotion ) together with the three grand oppressive courts and shops of tyranny , oppression , and injustice in the kingdome , the great terrors of mens spirits , the invaders of their rights , members , liberties , the chiefe inlargers and maintainers of an unlimited prerogative , and authors of all our late illegall projects , pressures , the starchamber , the high commission , and councell table : the kings chief engines to scrue up his prerogative to the highest , and lay his subjects lowest ; to which a fourth is since added in this treaty , the court of wards . all which being totally abolished , the king hath now no court nor instrument left ( that i can thinke of ) whereby to injure , or oppresse his people as in former times . the oppressions likewise and extortions of the stannary courts , and of clerkes of the market , are rectified by acts this session , yea this parliament by act perpetuated , without any power in the king to adjourne and dissolve it , till all concurre to dissolve it by an act of parliament : and when this shall be so determined , for our future security and redresse of all growing mischiefs which may endanger us , there is a provision by another law for a triennall parl. with power to summon it , in case of the kings refusall , without him or his writ , and authority for the houses to sit for a convenient time ( sufficient to redresse all grievances , punish all publike offenders and settle usefull lawes ) without dissolution or adjournment . to which i may adde , the act of oblivion , pacification , and union with our brethren of scotland : upon granting of four of which acts alone , the house of commons in their * remonstrance of the state of the kingdome , december , did with much thankefulnesse , acknowledge , that his majesty had passed more good bils at that time , to the advantage of the subjects , then have been passed in many ages . and if he shall now accumulate all the fore-mentioned propositions turned into acts , to those already enacted ; with some few laws more for the regulating of some grievances and corruptions in the common law : the punishing and restraining of some publike mischiefs and crimes , and punishment of extortions , ( which will be readily assented to , there being no losse or prejudice to the crowne in passing them ) we may through gods blessing , in all humane probability , ( if our sins deprive us not of so great a felicity ) be the freest , happiest , securest , most flourishing and best ordered kingdom , and people in the world , and injoy such priviledges , and immunities , as our ancestors never so much as once imagined , much lesse aspired after . and if we will not now rest satisfied , and thankfully contented with all these large extraordinary concessions , and blesse god for this tender of them to our hands , the present , and all future ages , will chronicle us , for the most unreasonable and ungratefull creatures that ever sate within these wals , or the world produced since the creation . having now at large demonstrated ( i hope to every rationall and honest mans conviction ) the satisfactorinesse of the kings answers to all our propositions relating to the safety and settlement of our state : i shall in the next place proceed to those propositions and concessions which concerne the peace , settlement , and security of our church and religion , wherein there appears the greatest difficulty ; the most whereof i shall dispatch with greater brevity then the former . there are three things especially which may endanger and disturb the peace and settlement of our church and religion , . popery , popish corruptions and innovations , introduced by jesuites , papists , and superstitious clergy-men popishly addicted ; . prophanenesse ; prelacy : and one chiefe thing to promote religion and the churches happiness ; the propagation of the gospel , by settling preaching ministers throughout the kingdom , and establishing the publick worship and church-government in such sort , as is most agreeable to gods word . for all these there is sufficient ground in the kings answers to our propositions concerning them , to vote them satisfactory , as i humbly apprehend , and hope to manifest . for the first of these dangers to our church and religion , there is as good security and provision granted us by the king , as we did or could desire , even in our own terms . first , he hath fully consented to pass an act for the more effectuall disabling of iesuites , papists , and popish recusants , from disturbing the state , and deluding the lawes ; and for the prescribing of a new oath for the more speedy discovery and conviction of recusants . secondly , to an act of parliament , for the education of the children of papists by protestants , in the protestant religion . thirdly , to an act for the due levying of the penalties against recusants , and disposing of them as both houses shall appoint . fourthly , to an act , whereby the practices of the papists against the state may be prevented , the lawes against them duly executed , and a stricter course taken to prevent the saying or hearing of mass in the court , or any other part of the kingdome ; whereby it is made treason for any priests to say masse in the court or queenes owne chappel ; and so no place left for the suying of masse throughout the kingdome , no not in the queens owne chamber . fifthly , to an act for abolishing all innovations , popish superstitions , ceremonies , altars , rayles , crucifixes , images , pictures , copes , crosses , surplices , vestments , bowings at the name of iesus , or towards the altar , &c. out of the church , and to prevent the introduction of them for the future . by all which acts added to our former lawes against recusants . i dare affirme , we have now far better provision , and security against papists , iesuits , popish recusants , their popish pictures , innovations , superstitions , and ceremonies , both for our churches and religions safety , and states too , then any protestant church , state , or kingdome whatsoever ; so as wee need not feare any future danger from papists or popery , if we be carefull to see those concessions duly put into execution , when turned into acts , and our former laws . secondly , against the growth and danger of prophanenesse , his majesty hath condescended to an act of parliament , as large as can be drawne , against all prophanations whatsoever of the lords day , with severe punishment for the prophaners of it in any kinde ; and against all such who shall write or preach against its morality , and due observation . and likewise to an act to be framed and agreed upon by both houses of parliament , for the reforming and regulating both vniversities , and of the colledges of westminster , winchester , and eaton , the seminaries of learning and education of youth , to serve and rule in our church and state. by which two grants , if duly executed , all impiety and prophanenesse which can endanger our church and religion , will easily be suppressed for the present , and prevented for the future . thirdly , against the danger and revivall of episcopacy , and the appendances thereunto belonging , the king hath clearly condescended to these particulars in terminis . first , to an act for the abolition of all archbishops , chancellors , commissaries , deanes and sub-deans , deans ard chapters , arch-deacons , canons , prebendaries , &c. and all other episcopall , cathedrall or collegiate officers both in england , wales and ireland : and to the disposall of all their lands and possessions for such uses as the houses shall thinke meet : so as there is no feare at all of their resurrection to disturb our church . all the question and difference now between the king and houses , is onely concerning the office and power of bishops , and their lands and possessions ; in which two i finde most members declare themselves to be unsatisfied , especially , those who have purchased bishops lands , who are very zealous in that point for their own interests . for the clearing of these two scruples , i shall examine and debate these two particulars . first , how far the k. hath consented to the houses propositions for the abolishing of the office & jurisdiction of bishops in the church ? secondly , how far he hath condescended , to the sale and disposal of their lands and possessions ? and whether his concessions in both these be not sufficiently satisfactory , in the sense i have stated the question in the beginning of my debate of it ? for the first of these ; it is clear , that the king in his two last papers hath abolished and extirpated that episcopacy and prelacy which we intended , and have so earnestly contested against ; and contends now for no other but an apostolicall bishop , which is but the same in all things with an ordinary minister or presbyter ; which bishop being apostolicall , and of divine institution , we neither may , nor can , nor ever intended to abolish by our covenant . to make this evident to all mens consciences : the king hath yeelded to take away all the power and jurisdiction whatsoever exercised by our bishops in point of censure or discipline , in his former answer : and contends for nothing now but their power of ordination only : and that not solely vested in the bishop , but in him and other presbyters jointly : yet so as the bishop should have a negative voice in ordinations . but the houses voting this unsatisfactory , because that the bishops for three years , during the continuance of the presbyterian government , should have the chief power of ordination ; & after those three years the sole power , there being no others vested or intrusted with that power after the three years expired ; so as bishops might by this means creep in , and get up againe by degrees as high as ever . thereupon the king in his finall answer hereunto , though not fully satisfied in point of conscience , but that the power of ordination is principally vested onely in bishops by divine authority , hath yet for our satisfaction , thus far condescended to us : first , that for three years next ensuing , during the presbyteriall government , no bishops shall at all exercise this power of ordination in the church . secondly , that if he can be satisfied in point of conscience within that time , upon conference with divines , that this power of ordination , so far as to have a negative voice in it , belongs not only unto apostolical bishops by a divine right ; then he wil fully consent to the utter abolition even of this power of ordination in the bishops . thirdly , that after the three yeares are expired , if the king can neither satisfie his houses in point of conscience , nor they him upon debate , that this power of ordination belongs iure divino to bishops ; that yet the exercise of that power shall be totally suspended in them till he and both houses shall agree upon a government , and by act of parliament settle a form of ordination . so as if both houses never consent that bishops shall hereafter have a hand or negative voice in ordination , this power of bishops is perpetuaily suspended , and as to the exercise of it , perpetually abolished even by this concession , so as it can never be revived again without both houses concurring assents . and by this means , episcopacy is totally extirpated root and branch , according to the covenant , which hath been so much pressed in this debate , though the words of it have been somewhat mistaken , that we therein absolutely covenant to extirpate episcopacy ; when as the words are only , that we shall endeavour the extirpation of prelacy , that is , of archbishops and bishops , &c. and that certainly we have done , and in a great measure accomplished , so far as to satisfie both the words and intention of the covenant , though a concurrent power of ordination be left in bishops , which yet is now totally suspended : for as we covenant in the same clause to endeavour to root out popery , superstition , heresie , schisme , prophanenesse , and whatsoever shall be found to be contrary to sound doctrine , and the power of godlinesse ; in the extirpation of which , i am certain we have not proceeded by an hundred degrees , so farre as we have actually done in the extirpation of episcopacy , there being no proposition at all in the treaty for the extirpation of heresie , schisme and errors , as there is of episcopacy ; ) and yet the gentlemen who are so zealous for the covenant , perswade themselves , they and we have not violated it in these particulars : therefore much less in the point of prelacy and bishops , since we have left them nothing at all but a meer power of ordination , actually suspended from any future execution , but by both houses assents . fourthly , the king by abolishing archbishops , and deans and chapters , hath also therein actually abolished all bishops too for the future , except those who are already made . for by the laws and custome of the realm * no bishop can be consecrated but by an archbishop , or some deputation from him , in case of sicknesse ; nor any bishop made or consecrated , unlesse he be first elected by the dean and chapter , upon a conge deslier issued out to them to choose one . now there being no deanes and chapters left to elect , nor archbishop to consecrate any bishop for the future , there can be no bishop at all hereafter made in england or ireland : and so the bishop being thereby abolished and extirpated , his power of ordination must be destroyed with his function , as well as suspended . all which considered , i cannot but conclude , the kings finall answer as to the office of , and ordination by bishops , to be compleatly satisfactory to our demands . and so much the rather , because the king in this particular of ordination , pleads only dissatisfaction in polnt of conscience for closing with us in this seeming punctilio ; and if it were not meerly conscience ( though some have over rashly censured it for a meer pretence to keep up bishops still ) he that hath granted and yeelded us the greater , would never contest with us for the lesser , nor go so far in the abolition of episcopacy as he hath done . and truly , i doubt not , but his majesty by conference may soon be satisfied in this point : nay , had his own divines dealt faithfully with him , in the isle of wight , he might have beene easily satisfied in this particular : in which i doubt not by gods blessing to undertake to satisfie him both in point of episcopacy , that it is in all things the same with presbytery ; and that the ordination of presbyters and ministers by divine right , belongs only to presbyters as such , and not to bishops as bishops ; who for above a thousand years after christ claimed the chief , but not the sole interest in it , not by divine right and authority , but meerly by canons and custom long after the apostles time ; which i have proved at large long since , in my vnbishoping of timothy and titus , which none of the bishops or their patrons ever yet attempted to answer , though i particularly challenged them to do it . only this , i shall now say in brief , for some satisfaction in the point to other members . . that there is no one text of scripture to prove , that bishops iure divine are distinct from presbyters in any thing , much less in this particular of having a negative voice , or sole , or principall interest , as bishops ( so distinguished ) in the power of ordination● but a direct text to the contrary , tim. . to omit others . that the pretence of impropriating ordination to bishops distinct from presbyters by divine right , is grounded upon these two gross mistakes , that timothy and titus were bishops properly so called ; the one of ephesus , the other of crete ; and that this power of ordaining elders , was vested in them quatenus bishops only , and not otherwise by divine institution ; for proof of the first , the postscript● of pauls epistles to them ( and no one text of scripture ) are cited ; and the tim. . . tit. . . relating only to ordination , for the latter . but it is clear as the noon-day sun , by scripture , that timothy was never a bishop properly so called , much lesse the first or sole bishop of ephesus , as is evident by sundry texts , especially by act. . , , , , , , , , , . compared together ; nor titus a bishop properly so termed , distinct from a presbyter ; much lesse the first or sole bishop of crete : nor do either of those texts prove , that they had the power of ordination by divine right vested in them two , meerly as bishops distinct from , or superiour to presbyters , as i have undenyably manifested in my vnbishoping of timothy and titus . and as for the postscripts to these epistles , terming timothy ordained first bishop of ephesus , and titus of crete , they are no part of the text , first extant in , and invented by * occumenius ( none of the authentickst authors ) above years after christ , and annexed only to the end of his commentary on those epistles , not adjoyned to the text ; and they are not only , omitted in most manuscripts and printed editions and translations of these epistles , but apparently false in themselves , as i have at large demonstrated in some printed books . therefore this point of conscience may soone be satisfied . that no bishops for years after christ , did ever claim the chief power in ordination by any divine right as bishops , but meerly by canons or custom long after the apostles ; and that in the primitive times , before any re●●riction by councels , presbyters in many places did not only * ordain ministers and deacous without bishops , and bishops never but jointly with presbyters ; but likewise ordaine bishops themselves , as ierome , epiphanius , augustine and others assure us ; and sometimes joined in the consecration and enstallment of popes themselves and archbishops , for defect of bishops . . that it is the * constant tenent of all the eminentest protestant divines ( and some learned papists too ) and the practice of all the reformed churches , that the divine right of ordination belongs originally to the whole church ; but ministerially to presbyters as such , not to bishops as bishops : and that which undeniably clears it up to mee , is this . that in the new testament wee find both apostles , some of the disciples , evangelists and presbyters equally ordaining elders or presbyters : but not any one who is once in scripture stiled a bishop , either conferring orders upon any , much lesse eonomine & jure , as a bishop . and since the apostles time wee find in point of use and practice , popes , patriarchs , archbishops , metropolitans , cardinalls , abbots , in some places ( who are not iure divino , nor bishops properly so called , but distinguished from them in degree ) ordaining presbyters and ministers as well as bishops quatenus bishops ; and that never by themselves , but all by the presbyters joint concurrence then present , who by the fourth councell of carthage , the canon law , the very canons of trent also , and our owne book of ordination and our canons ought also to join with them in the ordination : now all these distinct orders and degrees , claiming and exercising this power by a divine right , and many of their functions being confessed not to be of divine right , ( as popes , patriarchs , archbishops , metropolitans , abbots and chorall bishops ) who yet ordain ; and these alwaies necessarily calling presbyters ( who are clearly of divine right ) to join with them in their ordination , and not doing it alone , is an unanswerable proof to me , that they all concur in this action in no other right or notion at all , but meerly as they are presbyters , in which they all accord , and have one and the same authority ; not in their own capacities , wherein they are all discriminated , and are not all of divine , but only of humane institution ; presbyters , quà presbyters , being the properest persons to ordain others of their owne degree and function ; as doctors of divinity , law and physick in the universities , create doctors of their severall professions ; and bishops consecrate bishops and archbishops ; even as a man begets a man of his own quality and degree ; and all other creatures generate those of their own kind , without the concurrence of any her distinct species paramount them . as for the angel of the church of ephesus ( much insisted on in the isle of wight , to prove an episcopacy iure divino distinct from presbytery ) i never read that this angell ordained any presbyters ; eit●er quatenus angel or bishop : nor find i the name of a bishop in any of st. iohn's writings , but the title of a presbyter or elder very frequent , by which himself is stiled . and i wonder much the king or his bishops should now so much insist upon this angel , and assert him to bee a lord bishop , not an ordinary minister . for first , * king iames himself , and all the bishops of engl. with those learned men imployed by them in the last translation of the bible , in the very contents prefixed to this chap. rev. . resolve the angells of those churches to be ministers , in these very words : what is commanded to be written to the angels , that is the ministers ( not bishop ) of the churches of ephesus , smyrna , &c. if then the angels , by their joint confessions , when these contents were first composed and prefixed , were only the ministers ( not bishops ) of these churches , and have ever since been constantly admitted , confessed , and this published to be so even in our authorized bibles used in all churches , chappels , families , and printed cum privilegio five or six times a yeer , without any alteration or disallowance of this exposition : i marvel much how the bishops now dare inform the king , that these angels certainly were only bishops but not ministers , diametrally contrary to these authorized contents of their own or predecessors affixing , with learned king iames his approbation ; or how his majesty when hee knowes it can beleeve them , though they should averr it , against his own fathers , and the whole church of englands resolution , which hath so long received and approved this translation ( excluding all others in publick ) and these contents thereto prefixed . secondly , admit this angell of ephesus to be a diocesan bishop , distinct : from an ordinary presbyter , yet he was but an apostate , who had lost his first love , ver . . and if timothy ( as they affirm ) was sole bishop of ephesus , he must be the apostate ( being at that time living ) unlesse he resigned his office to some other , which is improbable . and for our bishops to father that divine right of their prelacy upon an apostate angell , is no good divinity , and lesse policy at this instant . and this their rotten foundation upon an apostate , may probably be the ground , why so many prelates in this and former ages have turned apostates after they were created bishops . thirdly , if those angells in the revelation were really lord bishops , then certainly the elders therein mentioned can bee no other then presbyters , not bishops , as the prelates themselves will grant : and if so , then verily the presbyter is the supream of the two , both in point of dignity , ministry , and precedency ; which is very observable . for first , i find the elders there mentioned , sitting upon twenty four seats round about christs throne ( and nearest to it ) rev. . . c. . . but the angells standing ( not sitting ) round about it and them , without any seats at all provided for them ( as inferiour attendants , ) rev. . . c. . . secondly , i find these elders not onely sitting on seats next christs throne ; but likewise cloathed with white rayment and having on their heads crownes of gold the embleme of supream authority , power and honor ) rev. . . . whereas the angells had neither white rayment nor crowns ; so it seems bishops had no lawn sleeves , nor rochets , nor miters then , though they have since usurped and robd the presbyters of them . thirdly , these elders , not the angells , are there alwayes introduced * worshipping and falling downe before christs throne ; holding harps and golden viols in their hands full of odors , representing the prayers of the saints , and singing the new song to him ; as the principal officers and ministers of christ ) when as the angells standing by , act or speak little in these kinds , like our late dumb unpreaching and rare-praying prelates . fourthly , the elders ( not the angells ) sing this new song of praise to christ , rev. . . . worthy art thou to take the booke , &c. and hast made us kings and priests ( not angells or bishops ) to god the father ; and we ( not the angels ) that reign on the earth , therefore in all these respects , if the angells in the apocalypse bee bishops , as our prelates dreame ; the elders must of necessity jure divino , bee their superiors and lords paramount in point of dignity , honour , soveraignty , ministry , and they inferiour in jurisdiction and power unto presbyters , not superior , as they would really make themselves . when his majesty shall be informed of these , and many other particulars of this kinde , i doubt not but his conscience will be so much satisfied , as wholly to forgoe and lay aside his pretended apostolicall bishops , both in point of function and ordination too , as being the same with presbyters . and since in his last paper but one , he hath professed to retain no other bishops , but such as are apostolicall ; he must presently quit all those about him , and their possessions too , since neither of them are apostolicall , * the apostolicall bishops being many alwaies over one church and congregation , not one over many churches , or an whole diocesse , as ours are : and having no palaces , mannors , lands and possessions : as i shall prove in the next particular , which comes to be now debated , having fully cleared this to be satisfactory . for the second question concerning the sale of bishops lands , how far the king hath condescended to it ? and whether the kings answers to the first branch of that proposition bee satisfactory in the premised sense ? i confesse i find this the grand and most swaying argument of all others used by those who differ from me in the treaty , as not satisfactory , because the king absolutely refuseth to agree to the sale of bishops lands , for the satisfaction of those publike debts , for which they are engaged by both houses , whereby purchasers and lenders upon that assurance , will be not only defrauded but cheated of their debts and purchases , many of them quite undone and ruined , and the honor and publick faith of both houses for ever forfeited and laid in the dust . and indeed this is a very sensible argument , especially to such members who have either purchased bishops lands , or advanced moneys upon their security , very fit to bee fully answered ; which i shall endeavour to doe , i hope to their full satisfaction and content . i confesse it to be most just and equall , that all who have purchased bishops lands , or advanced moneys to the state upon them , should receive ful satisfaction , and be no losers by it , but rather gainers : and i could have as heartily desired as any member in this house , that the king in this particular of bishops lands had given us plenary satisfaction ; the rather because i was imployed by the houses as one of the contractors ( though without my seeking , and to my prejudice , by neglecting my calling , and receiving as yet not one farthing salary for it , though i have spent and lost some hundred of pounds in and by that imployment ) and had he really done it , i presume few members of this house now of a different opinion , would have voted the kings answers to the whole treaty unsatisfactory . but to take them as they are . first , the king hath so far condescended to their sale and disposall , made or to be made ; as that the purchasers shall by act of parliament enjoy a lease of them , not from the bishops themselves but from the crown for . yeares space , reserving only the reversions afterward to the crowne , and that for the use of the church in generall terms . secondly , the king will bee content with the reservation only of the old , or some other moderate rent to him and his heirs , to bee imployed only for the churches use and benefit . thirdly , that for the absolute sale or alienation of them , he cannot in point of conscience consent unto it , being sacriledge , and an unlawfull act in the opinion of all divines , as well in forraigne reformed churches as domestick . this ( i remember and conceive ) is the sum of his finall answer to this proposition . to examine these particulars a little in the generall , and then by parts . first , i must make bold to inform you in the generall ; that the king and his predecessors , kings of this realm , were the * originall founders of all our bishoprieks , and patrons of them . that all their lands , rent and revenues whatsoever , originally proceeded from the crown and kings of england , of whom they are bolden ; and that in times of vacancy , the king enjoyes the profits of their temperalities , as a part of his royall revenue , and receives both tenths and first-fruits out of them upon every death or translation of the bishops . and therefore there is very great reason and justice too , they should be still held of the crowne , and not totally translated out of it , and that the king and his successors should receive some reasonable revenue or compensation out of them , parting with such an interest in recompence for them . secondly , that in the severall treaties with the king , februar . . . and iuly . . all the lands , possessions , rents and reversions both of archbishops and bishops , and likewise of deans and chapters , and other officers of cathedrall and collegiate churches , were by act of parliament to be settled in the very reall and actuall possession of the king , his heirs and successors for ever , to their own proper use , except only their impropriations , advowsons , tythes , and pensions which are not now to bee sold. and , that the * ordinances for setling of bishops lands , rents and possessions in fe●ffees , * and engaging and selling them for the monies lent upon the publick saith and doubled , to raise . l. for disbanding of the scotch army , passed on the houses till october and november , : till which time there was no thought nor intent at all , to sell or alienate them from the crowne . if then the king in two or three former treaties , by both houses full and free consent , and a * bill passed by them for that purpose ; was to enjoy to himselfe , his heirs and successors all the demesne lands , mannors , possessions , reversions , rents , inheritances and revenues of archbishops and bishops ; and likewise of deans and chapters , prebends , and the like , it seems to me very just & reasonable , that he should demand and enjoy the reversions of them after ninety nine years , and such a moderate rent as he and both houses shall agree on . and that this answer of the kings , wherein he demands so little now , only for the churches use and benefit , not his own should be fully satisfactory , because we were very well content in former treaties , he and his heirs should enjoy the whole , only to their own use . thirdly , that near one moiety of the archbishops and bishops possessions and revenues , consists in impropriations , tythes , pensions , and the like , which the king is content wholly to part with for the encrease of ministers means , and the benefit of the church , without any reservation or recompence : and with all deans and chapters lands and revenues to boot . therefore it should be unsatisfactory , or unreasonable in no mans judgement , for the king to reserve some interest in the reversions and rents only of their demesne lands . fourthly , the king demands the riversions of the lands after ninety nine years , and some present moderate rent , not for the use and support of the bishops , and to keep a root for them to grow up again in our church , ( as hath been mistaken by some ; ) archbishops and bishops too , being extirpated root and branch by the kings former answers ( as i have manifested ; ) but only for the use of the church , in such manner as the king and we shall agree to settle them who shall take care that no bishop shall be a sharer in them , all being to bee setled in the crowne alone , and nothing in reversion or possession to , in or upon the bishops . fifthly , the king consents , that the purchasers of bishops lands shall by act of parliament have a lease of them for ninety nine years , reserving the reversion only after that terme : which i conceive is no ill , but a very good bargain for the purchasers ; such a lease by act of parliament , being far better then the whole inheritance by a bare ordinance of both houses , which for ought i know , if not confirmed by a subsequent act of parliament , will prove little better then a tenancy at will , or a lease so long only as this parliament continues ; ordinances of both houses only without the kings royall assent thereto being a new device of this present parliament ; to supply some present necessities for our necessary defence and preservation , during the kings absence and hostility , never known nor used in any former parliaments , what ever hath been conceived to the contrary . therefore this offer of the k. is no prejudice at all , but a great advantage to the purchasers , wherewith they should rest fully satisfied . but admit it be any losse at all to them , and not rather a gain ( as things now stand in our tottering condition , ) yet it is only of the reversion of these lands after ninety nine years , worth not above one quarter or halfe a years purchase at the utmost ; which considering the low values at which bishops lands are sold , and the cheap rate now that most purchasers gave for bills of publick faith , with which they bought them , they may be well content to lose , to secure their purchases for ninety nine years , in these tumultuous and fluctuating times ; when some wise men who have made such purchases , would very gladly give two or three years purchase , if not more , at the assurance office , to any who will ensure their estates in bishops lands for so long a term , and think they had a good bargain too , at leastwise far better then the bishops in case they should revive again , as some fear , who must be kept starving for years , in expectation of a dry reversion . all which considered , the kings answers touching such reversions , i humbly conceive will be very satisfactory to the purchasers of bishops lands themselves ; who are most displeased with it . as to that which hath been objected , that some have purchased reversions of bishops lands after years in being , who must absolutely lose their purchase money after this rate , which is neither just nor honourable for the parliament . i answer , that this is but the case of three or foure only : that their purchases are of no considerable value : nor bought fingly by themselves , but jointly with lands or rents in possession of good value ; in which they had the cheaper purchase to take off the reversion after so long a term , which losse in the reversion they may contentedly undergoe to purchase their owne and the kingdomes peace , and enjoy what they have purchased with these reversions in possession , without trouble or eviction by act of parliament for , years space , or receive other satisfaction from the king and parliament to their contentment in such manner as i shall presently inform you . sixtly , to that concerning the present rents which the kingdemands out of bishops lands which sticks most with purchasers : many of them having purchased nothing but rents , and others more rents then lands in possession , which rents must all be lost , if they must pay their old rents over to the king to their undoing , which would be both unjust , unconscionable , and dishonourable to the houses , upon whose assurance and engagement to enjoy their bargains , they were induced both to lend money on , and to purchase these lands afterwards , and would be no better then plain cheating , and render them odious to all the world , as some have objected . i will not answer it with caveat emptor , but desire them to observe that the king in his answer , doth not peremptorily require the bishops old rents during the . years , but only disjunctively , either the old rent , or some other moderate rent to be agreed on , and if only a moderate proportion of the old rent be paid to the king , the purchaser is sure to enjoy , the residue during the yeares , and so his purchase money not totally lost , as is objected . besides , the king will not reserve these rents to the use of himselfe , or the crown , but only to the church , and maintenance of the ministers , in such manner as he and his houses shall agree in the bill for setling these lands , in the way propounded by him . which offer opens this just and honourable way for the houses to give all purchasers of bishops land and rents full satisfaction both for the losse of their reversions after years , and for the present rents which shall be reserved to the crown out of bishops lands to the churches use , which i beleeve the king and houses will readily consent to ; and that is , to settle by act of parliament , so much of the dean and chapters demein lands and rents , upon the purchasers , as the losse of their reversions after . years , and present rent to the crowne shall amount unto , upon a just computation . by which means the purchasers , by way of exchange of deans and chapters lands and rents for their bishops , shall have such full and satisfactory content , even in kind , as will cleare the honour , justice , and reputation of the houses fair dealings in this particular , throughout al the world , and give the ministers full satisfaction likewise , for the augmentation of whose livings and maintenance the deanes and chapters lands and rents are designed ; by settling the reversion and rents reserved to the crown out of the bishops lands , for the churches use , upon those who should have enjoyed the deans and chapters lands thus settled on the purchasers by exchange , which being of equall value , can be no losse nor prejudice to any . this is such a visible and reall satisfaction to all purchasers , as none of them can justly open their mouths against , being both for their owne security and advantage , and the kingdomes settlement . but if any of them dislike this reall satisfaction ( which the king no doubt will yeeld to ) there is an other means provided by this very treaty for their satisfaction ; and that is , by ready money , for what ever they shall lose by bishops lands in possession or reversion , by this reservation to the crown , which i am sure they never will nor can refuse in justice or equity ; they having the bishops lands conveyed to them only , by way of morgage or security for moneys lent upon the publike faith . and the houses by the th . article of this treaty have time within two years space by act or acts , to raise any summes of money for the payment of the publique debts of the kingdome , whereof the moneys lent upon bishops lands and the publique faith , are a principall part ; and the same justice of the houses which hath already provided by severall ordinances , a sufficient recompence and satisfaction for purchasers of bishops lands in cases of eviction , or of emergent charges and incumbrances discovered after the purchases made , may be a sufficient assurance to them of the houses justice , that they will give them as good or better satisfaction by one of these two wayes i have here propounded , for any thing they shall part with to the king or church for the settlement of the kingdomes peace . seventhly , it hath beene the solemn protestation and declaration of both houses of parliament , in all their remonstrances to the king , kingdome and forraigne states , that they have taken up defensive armes against the kings party , onely for the maintenance of religion , lawes , liberties , &c. and to bring delinquents to condigne punishment . now bishops lands and rents , i am certaine , are neither our religion , lawers , nor liberties ; and i thinke they are no delinquents , though most bishops are . and shall we now after seven yeares warres , and sixty dayes treaty , make bishops lands , which for five yeares time or more of our warres were never thought of , the sole or principall cause at least of our present breach with the king , and the onely ground of a new warre ? god forbid : will not the world then justly censure us for notorioūs hypocrites and impostors , pretend●ng one thing , and intending another ? will they not then say , that bishops palaces and lands were the onely religion and liberty we have fought for , the onely delinquents we have brought to publick justice and execution ? that we would never have suppressed archbishops and bishops , nor entred into a solemne league and covenant , with bands listed up to heaven , to endeavour to extirpate them as antichristian , but onely to gaine and retaine all their lands and revenues , and never condemned their functions , but onely to seize on their possessions ? and that we must now maintaine an army upon their exhausted purses and estates , only to defend these parchasers titles to the bishops inheritances ? if so , for shame let us never break off this treaty , nor ruine two or three kingdomes upon such an absurd dissatisfaction as this : and if our parchasers of bishops lands shall still refuse to rest satisfied with that twofold recompence i have formerly mentioned , and keep up an army to maintaine their purchases , rather then yeeld to any reason , i shall humbly move , that not the whole kingdome , but themselves may defray the armies taxes and quarters , and then i am certaine they will have a dearer bargaine then what the king or i have proposed for their satisfaction . and the better to perswade them to embrace this compensation i have onely this more to offer both to them and you ; that if you break off with the king upon this point , or close with the army , they are most certaine to lose all for a bare ordinance of both houses in no legall title , nor good security aganst king or bishops , without the kings concurrence and royall assent unto it , and valid no longer then maintained by the sword , the worst and most hazardous title of all others , which will quickly cost the purchasers and kingdome treble the value of all the bishops revenues : and if they close with the army to break the treaty , they tell them in direct termes in print , in the case of the army truly stated ( presented to the generall by the agitators of the army at hampstead , october , . . ) pag. . that whereas the times were wholly corrupt , when persons were appointed to make sale of bishops lands ; and whereas parliament-men , committee-men , and kin●folks were the onely buyers , and much is sold , and yet it 's presended , that little or no money is received : and whereas lords , parliament-men , and some other rich men , have vast summes of arrears allowed them in their purchase , and all their moneys lent to the state paid them , while others are left in necessity , to whom the state is much indebted , and so present money that might be for the equall advantage of all , is not brought into the publike treasury by those sales : it s therefore to bea insisted on , that the sale of bishops lands bee reviewed , and that they may be sold to their worth ; and for present moneys for the publike use , and that the sale of all such be recalled as have not been sold to their worth , or for present money . this particular among others , they professe they have entred into a solemne engagement to prosecute , and are now marched up to london accordingly to pursue it , as their late remonstrance and declaration intimates , and themselves professe by word of mouth ; which i desire the members who have purchased bishops lands ( who are generally most unsatisfied with the kings answers , especially in this particular ) seriously to consider , and then to make their election ; whether they will now close with the kings concessions , and what i have here propounded for satisfaction of their reversions after . years , and present rents they may chance to part with , and so secure their purchases for this terme by act of parliament , and have full compensation for what they part with , either in ready money , or deans and chapters lands and rents , and so be no losers , but great gainers by the bargaine ; or else break with the king to please the army , and so be certaine to lose all between them , not onely once , but twice over : for the agitators in the army tell them plainely , that all their purchases shall be reviewed ; and if they have purchased them to an under rate , or not for ready money ( which not one of them hath done , but by tickets of their owne , or bought at very low values of others , which 't is like they will also examine ) that then their sales shall be absolutely recalled , and sold to others at full values for ready money , and so all is lost in good earnest ; or else they must re-purchase them for ready moneys at higher values , without any assurance from the king by act of parliament , and so lose them againe the second time , if ever he or his prelaticall party should prevaile , and yet be enforced to answer and restore all the meane profits they have taken to boot . a very hard chapter and bargain to digest , if they advisedly consider it , which by accepting the kings offer is most certainly prevented : who perchance in shore time , upon second thoughts , and conference with learned men for the satisfaction of his conscience in the point of sacriledge , if he should consent to the totall alienation of these lands from the church , may come up fully to our desires , and part with the very inheritance to the purchasers , as amply a● they have purchased it , rather then leave his owne and the kingdomes interest wholly unsettled . and for my part , i make little question , that had the prelates and clergy-men with the king at the isle of wight , dealt candidly and cleerly with him in this particular , of the sale of bishops lands , that might have easily satisfied his conscience in this very thing , as well as in others ; from these grounds and matters of fact , which i shall but point at , to satisfie others , who perchance are scrupulous herein ( even in point of conscience ) as well as the king. first , the king in his last paper 〈◊〉 , in expresse terms protesseth , that he hath abalished all but the apostolicall bishops , invested with a negative vay●e or power in point of ordination : and if so , then i am certain , he hath likewise abolished all bishops palaces , lordships , revenues , rents and possessions ; it being most certaine , that neither the apo●ls themselves , not any apostolicall bishops of their ordination , in their dayes , or for above . yeers after , had any lands or possessions annexed to their apostleships , or bishopricks , but lived meerely upon the a a●ms and voluntary contributions of the people , ( as christ himselfe , paul and the other apostles did ) as all b historiant accord if then his majesty will retain none but apostolicall bishops , he must necessarily take away their temporall , lands and possessions annexed to then bishopricks , to make them such , if he hath not already done is by his finall answer to this proposition , as i conceive he hath . secondly , it is generally agreed by historians , that constantine the great , ( our owne country-man borne , and first crowned emperour at york , c to the eternall honour of our island , he being the first christian emperour , and greatest advancer of the christian religion , and destroyer of paganism ) was the first who endowed the church and bishops with any temporall possessions , about . yeers after christ , though his pretended donation to the pope , be but a meere fable ; as doctor crakenthorp and others have manifested at large . now d ioannes parisiensis , nauclerus e polychronicon , our english apostle f iohn wickliffe , our noble martyr the g lord cobham , h iohn frith a martyr , learned i bishop iewell , and k others out of them record , that when constantine endowed the church and bishops with temporall lands and possessions , the voice of an angel was heard in the ayre , crying out ; hodie venenum insunditur in ecclesiam , this day is poyson powred into the whele church of god : and from that time , say they , because of the great riches the church had , she was made the more secular ; and had more worldly businesse , then spirituall devotion ; and more pomp and boast outward , then holinesse inward : religio peperit divilias , & filia devoravit matrem , which our bishops and translators of the bible likewise mention in their epistle prefixt to it . and l ockam saith , and others observe , that whereas all or most of the bishops of rome before that time were martyrs , scarce one of them proved a martyr afterwards ; but in stead of being martyrs , fell a persecuting and making martyrs . and if this voyce of the angel ( perchance a bishop , since our prelates will needs have the angels in rev. . to bee bishops ) weretrue , and subsequent experience hath found it so , that bishops and church-mens temporall lands , possessions and endowments , are no other but poyson to the church , and his majesty be convinced of the truth of this story , i hope he will be satisfied in point of conscience , that it is no sacriledge , but wholesome physick , to take away this poyson from the church , which hath so much infected , corrupted , and would in fine destroy it and the bishops too , and eat out all their piety and devotion . thirdly , most bishops long after constantines time , had very small or no revenues , lands , and no other palaces to reside in , but poor little cottages ; it being all mens opinion in those dayes , m that stately palaces belonged onely unto emperours and princes , and cottages and churches unto bishops . the n fourth councell of carthage , about the yeare of our lord . decreed , that the bishop should have hospitiolvm , ali●tle cottage or hospitall to dwell in , neer the church , not a palace . and in the o excerptions of egbert archbishop of york , an. . i find the same canon renewed among us , as the canon law of this realm , that bishops and presbyters should have hospitiolum , a small cottageneer the church to live in ; not a stately mansion . so as our bishops in those dayes had no great palaces , mannours , temporalities , and their very cathedrals were built onely with wattle , or a few boards pieced together , and covered but with reed ; stone-churches covered over with slat or lead , being not in use among the britians , scots or irish for many hundred yeers , as p bishop vsher himselfe asserts out of beda , eccles. hist. l. . c. . . and bernard in the life of malachy : and if their cathedrall churches were so meane , their palaces certainly were but answerable ( poor little cottages ) and their revenues little or nothing● but the peoples almes . saint augustine that renowned bishop of hippo , had but a meane house to live in , his dishes and trenchers were all earthen , stone , or wood , his table furnished with pulse , hearbs and a little pottage onely , for the most part , seldome with flesh : he had no plate , but five or fix spoones , and when he dyed he made no will at all , because the poore saint of christ had nothing to bequeath ; as q possidonius records in his life . r saint chrysostome the great famous patriarch of constantinople , ● and gregory nazianzen his predecessor , had no stately palace , furniture , houshold stuffe , traine of attendance , nor any goods or revenues at all , nor t iohn the almoner that succeeded them , nor that famous s spiridion , who kept a stocke as a mean shepherd , though a bishop : and eminent saint hierom ( though no bishop , yet the learnedst and famous scholar in his age , or any after , and of great repute , x writes of himselfe , that he lived in pa●peri tuguriolo , in a poore little cottage , having scarce clothes to cover his nakednesse . so y saint ambrose , bishop of millaine , was very poore , brake the chalices in pieces to relieve poore people , and used this maxime , gloriosa in sacerdotibus domini paupertas . and if these great lights , bishops and fathers of the church ( in whose names our prelates so much triumph ) were so poor , that they had no palaces , houses and temporall possessions , as our arch-bishops and bishops had ; i can yet discerne no matter of concience in it , why our bishops should have more then these pillars of the church , either enjoyed or desired , they being content with food and raiment as paul was , and desiring no more . it is z storied of our ancientest bishops that i read of , present at the councell of ariminum , anno domini . that they were so poore , that inopia preprii , publico ust sunt , they were maintained at the emperours publique cost , for want of private maintainance of their owne ; yet they were eminent both for piety and learning . and if their predecessors were anciently so poore , it is no point of conscience to deprive our lord bishops , not onely of their lands , but function too , for the peace and settlement of three kingdoms , now at the point of ruine . when the church of christ was miserably rent and torn in affrica by the schismaticall donatists , who would have no prelates and bishops ; that eminent bishop of hippo saint augustine , and almost three hundred affrican bishops more , were content to lay downe their bishopricks wholly for that churches peace : and thereupon saint a augustine uttered these memorable words , which i heartily with all our bishops would consider , and then they would lay downe both their lands and bishopricks too , for our three kingdomes present peace . an vero redemptor noster , & c ? what verily did our redeemer descend from heaven it selfe into humane members , that we should bee made his members , and doe we feare to descend out of our chaires , left ●is very members should be torn in pieces with cruell divisions ? we are ordained bishops for christian people ; that therefore which profitith christian people to christian peace , that let us doe concerning our episcopacy . what i am , i am for thee , if it profit thee ; i am not if it hurt thee . if we be profitable servants , why do we envy the eternall gains of our lord for our temporall sublimities ? our episcopall dignity will be more fruitfull to us , if being laid downe , it shall more unite the flock of christ , then if it shall desperse it being retained . if when i shall retaine my bishoprick , i shall disperse the flock of christ , how is this dammage of the flocke the honour of the pastour ? for with what forehead shall we hope for the honour promised in the world to come from christ , if our honour in this world hinder christian vnity ? they had no bishops lands then to part with , but yet for peace and unity sake , they were thus content to part with their very bishopdoms themselves . and will not the king then in point of conscience part with the bishops lands for our present peace , when he shall know or be truly informed of all this ? fourthly , for the judgement of divines , i could produce divers against the great possessions of bishops in all ages ; as making them secular , proud , vitious , lasie , which i have b formerly published at large : but i shall onely at present informe you , that our famous c iohn wickliffe professedly maintained , that the king and temporal lords grievously sinned , in endowing the bishops with large temperall possessions , which hath reversed christs ordinances , and procreated antichrist ; and that they were bound in conscience to take away their lands and temporalties from them , which they had abused to pride , ambition , discord &c. his disciples , or noble martyrs , william swinderby , iohn purvey , sir iohn oldcastle ; and after them , pierce plowman , geffrey chaucer , mr. tyndall , doctor barnes , iohn firth , sir iohn borthwike , ( a martyr ) the author of a supplication to king henry the eight , the author of the image of a very christian bishop , and of a counterfeit bishop : william vvraughton , in his hunting of the remish fox ; mr. fish , in his supplication of beggers ; henry stalbridge , in his exhortatory epistle , and others , are of the like judgement ; and roderick mors , in his supplication to the parliament , ( in henry the eight his reigne ; ) to omit penry , and others , in queene elizabeths reigne . and why there should be more sacriledge in taking away bishops lands in england then in scotland , or abbey lands heretofore from abbeys and priories , i cannot yet discerne . all which considered , i hope his majesties conscience may and will be rectified in this particular , before the treaty be absolutely confirmed by acts of parliament ; so as this of bishops lands shall make no breach between us : in clearing which , i have beene the more prolix , because it is most insisted on of any thing , in point of dis-satisfaction , both by the king and us . as for all our other propositions , relating to the peace and settlement of the church , the king hath fully assented to them interminis : as namely , to the bill for the better advancement of the preaching of gods word , and setting godly ministers in all parts of the kingdome : to a bill against pluralities , and non residencie : to an act of confirmation for the calling and setling of the assembly of divines : to an act for the confirmation of the directory , and abolishing the booke of common-prayer throughout the kingdome , and in the kings owne chappell too ( yeelded unto in the kings finall answer , though formerly stuck upon ; ) to an act for taking the covenant throughout the realme , only the king sticks at it ( as yet unsatisfied in conscience ) as to the taking of it himselfe without some qualifications in it , which a committee were appointed to consider of , but have not yet reported ought to the house . besides , he hath approved the lesser catechism as far as you desired , who rest satisfied with his answer concerning it : and as for the presbyteriall government , he hath absolutely consented to settle it for three years . but it hath been much insisted on by many , that the kings grant of the presbyterian government is no wayes● satisfactory , because only for three years ; and therefore they will break off the treaty for this reason , and vote the kings answers upon the whole unsatisfactory , because too short in this particular . to which i answer , that the king in terminis hath granted as much as we desired . we desired its settlement but for three years , and many who most pretend dissatisfaction in this point now did , and do indeed desire no setled government at all , no not for three years space : therefore if there be any default in this , it was in the houses proposition only , not in the kings answer , who was not obliged to grant us in this particular , or any other , more than we desired . secondly , after the three years expiration the presbyterian government must remain till a new be agreed upon by consent of the king and both houses , upon conference and advice with the assembly of divines , or that further established if found best and most sutable in the interim . so as now upon all the branches of this treaty , and the kings answers thereunto , i conceive the kings answers to be compleatly satisfactory in that sense i have stated and debated the question , as well for the safety and settlement of our church and religion as kingdom ; though the kings answers come not up fully to the propositions in some two or three particulars only . it is storied of * alexander the great , that one demanding of him to give him a penny , he returned him this answer ; that it was too little for alexander to give : whereupon he demanded a talent of him ; whereunto he replyed , it was too much for a begger to receive . we have demanded of the king in our own and the kingdomes behalf in former treaties , but a penny in comparison , and then the king refused to grant it , though we would have been heartily contented with it , or lesse : but now we have in this treatty demanded a talent , and the king hath not thought it overmuch for him to grant , or for us to receive , and if we shall now ungratefully reject it , we know not why our selves , unlesse it be that god hath infatuated , and designed us unto speedy ruine for our sins ; i must needs take up our saviours lamentation over dying ierussalem , in relation unto england : * o that thou hadst known in this thy day , the things that belong unto thy peace ; but now they are hid from thine eyes . and i pray god they be not so far hid , that we shall never live to see any peace or settlement at all in church or state , if we embrace not those concessions now ; the best , the largest , the honourablest , the safest , and most beneficiall that ever was tendred to any people by a king ; and if we now reject , we shall never have the moity of them granted us again , no though we soek them carefully with tears , as esau did his last blessing , when he had overslipt his time but a very little . for mine own part , i value no mens bare opinions in this debate , but their reasons which inforce them ; and if i have not quite lost my reason and senses too , i have not heard one solid reason given by any gentleman that differs from me , why the kings concessions upon the whole treaty should be so unsatisfactory as utterly to reject them , and proceed no further . most of the reasons to the contrary have been either cleer mistakes , both of the question , and kings answers , or our propositions ; ( and mistakes are no reasons , but irrationall ; ) or a fear in some purchasers of bishops lands of an ill bargain , which i presume i have fully satisfied , or that which is to me the most unreasonable ( though many gentlemens chief and only reason ) the armies discontent and dissatisfaction , in case we vote it satisfactory : to which i shall give this answer : that though i honour the army for their good services heretofore in the field and wars , and should as readily gratifie all their just desires as souldiers , as any man ; yet i must with just disdain and censure look upon their magisteriall encroachments upon our councels , and prescriptions to us , what to vote in our debates , or else they will be incensed , as the highest violation to the freedom , ● honour and priviledges of parliament , not to be presidented in former times , nor now to be endured . we all sit here , freely to speak our own mindes , not the armies pleasure ; to follow our own consciences and judgments , not their imperious dictates ; to satisfie the whole kingdom , and those who have intrusted and sent us hither , whose representatives and servants we are ( not the armies ) by pitching upon that which is most conducing to their welfare and our own too ; not to satisfie the army in all their unreasonable extravagant demands , ( who are but ours and the kingdoms servants , not masters ) to the kingdoms , peoples , our own ruine , and the armies too . and so much the rather , because i have observed a dangerous practice in some officers and members only of the army , to make use of the whole armies name , ( without their privity or consents ) forcibly to drive on their own private pernicious designs in the house , and to fright and cudgell us into votes ( as some say we were cudgelled into a treaty ) with the very name of the army , without any reason at all ; and if that will not doe the feat , then they presently mutiny , and bring up the army it self to or neer the houses doors against them , contrary to our expresse commands ( as heretofore and now they have done ) to force us to vote against our judgements , consciences , reason , and the publique safety , what ever they shall dictate , be it never so absurd , dishonorable to our selves , or destructive to the kingdom ; and though the army , and those who usurp their name be not present at our debates ( as they seldom are , though some of them are members ) yet if they suit not with their foreplotted designs , they will presently censure them and those that passe them , without hearing or weighing of their reasons : and though they contend most earnestly for libertie of conscience for themselves , and all others of their confederacy out of the house , and for a liberty for their own party , to enter * their particular protestations and dissents to the house to any vote they like not ; yet they will admit no liberty of conscience , nor freedom of dissenting unto us , nor us to be masters of our own reason , votes or discretions in the house it self , where wee should have most freedom , ( as is evident by sundry magisteriall , over-ruling , censorious passages in their late * remonstrance , november . ) and if we vote not fully with them , they presently take us for apostates and violaters of our trust , fit , not only to be secluded the house for the present , but not to be entrusted for the future ; to such an height of insolency are they grown . therefore for any members to make their pleasing , or displeasing of the army , whom they thus abuse , the sole or principall reason of their ay , or no , is such a solecism and breach of priviledge , as ought not now to be named , much lesse pressed as a reason , without some severe censure or exclusion from the house ; especially in this instant debate , for the settlement of our peacè , to which those who make a trade of war , will certainly be most averse , having little else to live on , or support their present greatnesse , if the wars be ended . yea , but they further object , that if we discontent the army by voting the answers satisfactory , we are undone , they will all lay down their arme ( as one commander of eminency hath here openly told you he must do ) and serve us no longer , and then what will become of us , and all our faithfull friends ? i answer , that i hope the army will not be so sullen , as to desert or turn against us , for voting what our consciences and judgments prompt us , is most for theirs , ours , and the kingdoms safety ; and that without hearing or scanning our debates : if they be , i shall not much value the protection of such unconstant , mutinous , and unreasonable servants ; and i doubt not but if they desert us on so sleight a ground , god himselfe and the whole kingdome will stand by us who else i fear will both unanimously rise up against us , to ours , and the armies destruction : and if the king and we shall happily close upon this treaty , i hope we shall have no great need of their future service . however , fiat justitia , ruat coelum , let us do our duty , and leave the issue to god. it is better for us to perish doing our own duties , then to be justly destroyed by following other mens wills against our duties and consciences too . he that thinks to save himself or the kingdom , by such a sinful and unworthy compliance , shall be certain to lose both himself and it in conclusion . however , both the arguments of displeasing the army , and the ill consequents of it , are altogether extraneous and impertinent to the question , and amount but to this non sequitur . the army will not have us proceed further upon the treaty to settle peace ; ergo , the kings answers are unsatisfactory . what will all wise men , what will the kingdom , what will scotland , ireland , and our friends abroad ( whose eyes are all intent upon the result of the treaty , and must be satisfied in the reasons of our breach upon it lest they all fall foul upon us ) think of such absurd nonsense as this ? had the treaty been only between the king and the army , not him and the houses , this reason might have contented some men ; without expressing any grounds of their dissatisfaction ( of which they think the army more competent judges then the parliament : ) but the treaty being only between the king and both houses , not the army ; that we who are the only parties to the treaty , and judges of the satisfactorinesse thereof , should set aside our own reasons , consciences , judgements , and make the armies absolute peremptory will , the only principall reason of our dissatisfactorinesse with the kings concessions , ( which i am confident not ten men in the army ever heard of , but by report alone and never seriously scanned , as we have done ) is such an absurdity , as will render us for ever both ridiculousand odious to all our friends and foes , to present , to future ages . for shame therefore let us no more insist upon such extravagancies . having answered these two iron arguments , against the unsatisfactorinesse of the kings answers , and all others hitherto insisted on : i humbly conceive , i have fully satisfied every rationall mans conscience , that the king hath granted us all we have demanded , that is really necessary or conducing to the speedy settlement of a lasting and well-grounded peace , and the future security of our state , kingdom , church , religion , against all feared dangers from the king or any others ; and i shall challenge and put it to the conscience of any gentleman dissenting from me , whether he can propound any one thing more ( except an oath which is intended when all is concluded ) essentiall , for the fuller and firmer setling of our laws , liberties , priviledges , lives , estates , religion , kingdoms , parliaments , army , and satisfying of all publike interests , then what have been already propounded and the king compleatly granted in this treaty : if then the king hath granted us every thing , our selves during seven years advice and consultation could possibly think of for our security and settlement , far more then we our selves demanded in two or three former treaties , and would have bin glad with the moity of it within these few months , & ten thousand times more then we can gain by a breach with the king upon such disadvantages ; why should we not all rest thankfully contented , and blesse our god , that he hath at last inclined the kings heart to grant so much , whereas heretofore he refused to condescend to the tithe of that he hath granted now● doubtlesse we can never answer such a peevish absurd ingratitude either to god or men , and those counties , cities , and buroughs , who sent us hither in their steads , will conne us little thanks , for refusing peace , upon such honorable , beneficiall and safe concessions , as neither they nor we can ever hereafter hope for , if rejected now ; upon no grounds of reason , but peevishnesse and will. if any object ( as some have done ) that the king indeed hath granted all we can desire ; yet he is so perfidious in his oaths and promises ( as we have found by sad experience , in all his reign ) that we cannot trust him ; and therefore all he hath granted , is to little purpose . i answer , that if all he hath granted were still in his own power to dissolve or recall at pleasure , this argument were materiall : but since he hath put all our desired security in our hands alone , and such as our selves shall appoint , and left nothing unto his sole or joint disposall with us , the objection is but weak , and recoils upon our selves , that we dare not trust our selves with our safety . it a sha●k come to borrow some money of a usurer , whose word and hand he dares not take ; yet if he give him a pawn or morgage of his lands in hand , he will then trust him without any scruple : the king hath given such a sufficient pawn , morgage , and put it into our own hand , therefore we need not doubt him now . besides , if we cannot trust him for what he hath granted , it was a mockery of him and the kingdome to treat with him to grant it : and if so , the kingdom will say , they have little cause hereafter to trust us for such palpable dissimulation , as the king. for my part , i have seen so much experience in the world , that i dare trust none with my own or the kingdoms safety , but god● alone . * put not your trust in princes , nor in any son of man in whom there is no help : it is better to trust in the lord , then to put confidence in men or princes , have been my maxims , and we have seen such strange mutabilities and perfidiousnesse in men of all sorts since our troubles , that we cannot trust neither the king , nor prince , city nor countrey , this generall , nor that generall ; this army , nor those that were before it , nor yet our selves who are jealous one of another , trecherous one to another , distrustfull of all ; and now distrusted by all , ever since we began to confide in men , and found out a new generation of confiding men : let us begin to trust in god alone in the first place , and then we need not distrust the king for time to come any more then others , or our selves , whose dear bought experience of breach of former trust and promises , will make him more carefull of violating his present concessions for the future , especially having put such security● unto our own hands to bind him to an exact performance . but it hath been objected by the generall and officers in the army , in their late * remonstrance , and by some who have spoken in this debate ( who would teach the king before hand how to elude and vacat all his grants and promises ) that all the kings concessions are and will be void , because made by duresse of imprisonment whiles under restraint . i answer , that the king during all this treaty hath been in such a condition of honour , freedom , and safety , and had such free liberty of consultation and debate upon his own earnest desire and his parties too , as well as the houses ; that he can neither with honour nor justice avoid those . concessions by any pretext of duresse ; especially since he hath denyed some things , and had the same liberty not to have granted other things , had he been pleased not to grant them . besides , the king is to confirm the whole treaty by acts of parliament , to which he is to give his royall assent ( and oath too ) when all is concluded , and that in a free condition ; & then no duresse can avoid them , nor more then magna charta it self first gained by the sword , and oft confirmed in parliament by our kings against their wills . in the year of our lord * the barons demanding of king henry the third , the confirmation of the great charter , and their liberties according to his oath upon the conclusion of the peace with lewis of france : william brewer one of his ( evill ) councell , answered ; that the liberties they demanded were not to be observed nor confirmed , because they were forcibly extorted : whereupon words growing between the barons , the archbishop of canterbury , and brewer ; the king closed up the strife with this honourable answer : all of us have sworn to these liberties , and that which we have assented and sworn to , all of vs are bovnd to observe . we to this day injoy these liberties , being confirmed by act of parliament , and sworn to by our kings , though forcibly extorted at the first . and so may we much more enjoy the kings concessions when turned into acts , and sealed with a sacred oath , superadded to a royall assent . mr. speaker , i have now waded through the whole treaty , and given you the best reasons i can out of every parcell of it to prove the satisfactorinesse of the kings answers , and answered all objections hitherto made against my conclusion , i shall now , by your patience and leave , proceed a step or two further , to evidence by cleer demonstrations and reasons to your consciences . first , that our closing with the king upon these concessions , is the only , the speediest , best , loyallest , safest and certainest way to settle a firm and lasting peace , between the king , parliament , and his three kingdoms . secondly , that the new way to peace and settlement proposed and prosecuted by the generall , the officers of the army , and their friends in the house , is a most desperate , dishonourable , unsafe course , and certain way to speedy ruine , both of our king , parliaments , army , city , country , and three kingdomes too ; yea , a ●eer project of the jesuites , to destroy the king , dissolve this present , and all future parliaments , betray ireland to the popish rebels , subvert our religion , reformation , laws , liberties , kingdoms , introduce popery , tyranny , slavery , and makes us a prey to our forreign enemies : and if i make this clearly appear to all your consciences and reasons , i beseech you lay all your hands upon your hearts , and consider what you vote in this debate , lest you become instrumentall to the jesuits , & accomplish these their designs , in stead of setling a safe and well grounded peace upon their new-fangled foundations of liberty and safety , but indeed of slavery and ruine . to begin with the first branch of the first of these assertions ; that our closing with the king upon these concessions , is the only way to settle a firm and lasting peace between the king , the parliament , and his three kingdoms . not to insist upon this generall ; that treaties in all ages have been the usuall and only way to conclude and settle peace and unity between kings and their people , and all dissenting kingdomes , states , persons , and therefore this treaty now is the only way to our pr●sent peace and settlement : i shall pitch only upon particulars . first , that your selves in this house , and the lords in their house , have severally and joyntly voted and resolved over and over heretofore , and published to all the world from time to time in sundry declarations , remonstrances , and other printed papers since the kings departure from the houses , and the late warres : * that it hath been , is , and alwayes shall be their cordiall desire , and sincere unwearied endeavour to settle a speedy , firm and well grounded peace between his majesty , his people , and three kingdomes ; and that this hath been the only end they have aymed at in all their warres and treaties with the king. * that the kings presence with , and residence neer his parliament , is of so great necessity and importance towards the removall of our distractions , feares , iealousies , the happy beginning of contentment betweene the king and his people , and the settlement and preservation of the peace and safety of the kingdome , and kings person . that they thought they had not discharged their duties untill they had declared and backed it with some reasons . that those persons who advised his maiesty to absent himselfe from his parliament , are an obstruction , and enemies to the peace of this kingdome , and justly suspected to be favourers to the rebellion in ireland . * that the sending of propositions , and a treaty with the king , and a good close with him and his commissioners thereupon , is the only way to settle a firme , safe , and lasting peace . and this is the only way and meanes you have hitherto pursued to obtaine such a peace and settlement . secondly , the parliament of scotland and their commissioners here imployed , have voted and resolved this , the onely way and meanes to such a * peace and settlement , both for this kingdom , and their own too , and have joyned with us in all former treaties , and promoted this . thirdly , the generality of the people , and all the wisest and most cordiall to the publique interest both of the parliament and kingdome , have approved and desired a treaty and close with the king , as the onely meanes of peace and settlement , as is evident , by their frequent and multiplyed petitions to both houses . fourthly , the * king himselfe and all his party , when tyred out with the miseries of war , have desired and embraced a treaty , as the only means to close our bleeding wounds , and make a firme vnion betweene the king , parliament and three kingdoms . fifthly , the generall , officers , and councell of the army themselves , when in their right senses , and not intoxicated with selfe-conceit and iesuiticall principles , have publikely declared , that compliance by a treaty with the king , and restitution of him to a condition of honour , freedome , and safety , was the only way to a lasting peace and settlement ; yea , the grandees of the army were so over forward to comply , treat , and close with him upon termes more dishonourable , and lesse safe then these we are now a closing with him in this treaty ; that when they falsly impeached the eleven members the last summer in the house of commons , for holding secret intelligence and correspondence only with him , without consent of the house ; themselves at that very instant , without and against consent of the houses were secretly treating and complying with him upon proposals framed by themselves , and perswade the king to reject the houses proposition sent to his maj. to hampton court , to treat upon those they had tendred to him privately , without the houses privity , as more advantagious to him , and his party , then the parliaments , declaring to all the world ; that they were as cordiall to the king , as desirous to bring him up to london , & to restore him to a condition of honor , freedom , and saftey , and more favourable to delinquents in mitigating their fines and punishments , then the houses . all which they are not ashamed to acknowledge in their last remonstrance novemb. . p. . . yet with this det●stable brand upon themselves , that their compliances with him were but negative : secondly what we declared of moderation , was but hypotheticall : with carefull caution , and saving for the ●publique interest , according to our then understanding of it , &c. yet however , in that degree of compliance admitted in that kinde , we find matter of acknowledgment before the lord , concerning our error , frailty , unbelief , and carnal councels therein , and we blesse him that preserved us from worse . if their compliance and treaty with the king &c. was but hypotheticall [ as i fear this very remonstrance and their acting since all are , or at least wise iesuiticall , ] i hope our treaty shall be reall , and not in their power to make it hypocritical , as they have attempted , by endeavouring to force us , by this remostrance and their subsequent advance to london to break it off , to render us odious to our king and kingdomes , god and all good men , and translate the odium of it from themselves to us . and because themselves may discover their owne apostasie from their former principles , which they would falsly father upon us , and how justifiable and advantagious to the kingdom our closing with the king upon these propositions , are before all the world , be pleased to take notice of these following passages in their own letters , declarations , and remonstrances : made upon mature advice a year before this treaty . in the humble remonstrance from his excellency and the army under his command , presented to the commissioners at st. albans , iune . p. . they print . whereas there has been scandalous informations presented to the houses & industriously published in print , importing , as if his majesty were kept as prisoner amongst us , barbarously and uncivilly used , we cannot but declare , that the same and all other suggestions of that sort , are most false , scandalous & absolutely contrary not only to our declared desires , but also to our principls , which are most clearly , for a generall right and just freedom to all . and therefore , upon this occasion , we cannot but declare particularly , that we desire the same for the king and others of his party , ( so far as can consist with common right and freedom , and with the security of the same for the future ) and we do further clearly confesse , we do not see how there can be any peace to the kingdom firm or lasting , without a due consideration of , and provision for the rights , quiet and immunity of his majesties royall family , and his late partakers : and herein we think that tender and equitable dealing [ as supposing their cause had been ours ] & a spirit of common love and justice , diffusing it self to the good and preservation of al , will make up the most glorious conquest over their hearts [ if god in mercy see it good ] to make them , and the whole people of the land lasting friends . and in the representation of the army , june . there are the like expressions of their judgments , in relation to the king and his party too . in a letter of st. t. fairfax to both houses of parliament , giving an account of some transactions between his majesty and the army , dated from redding july . . there is this passage [ which he there declares to be the generall sense of all or most part of the officers in the army . ] in general , we humbly conceive , that to avoid all harsh●ness , and afford all kind usage to his majesties person , in things consisting with the peace and safety of the kingdom , is the most christian , honorable , and prudent way : and in all things we think , that tender , equitable and moderate dealing , both toward his majesty and his royal family , and late party , so far as may stand with the safety of the kingdom , and security to our common rights & liberties , is the most hopefull course to take away the seeds of war , or future seeds amongst us , for posterity ; and to procure a lasting peace and a government , in this distracted nation . since this : the officers and army in their proposals aug. . for the settlement of a firm peace : have this for one , that his majesties person , queene and royall issue , may be restored to a condition of safety , honor , and freedome in this nation , without diminution of their personall rights , or further limitation to the exercise of the regall power , then according to the particulars aforegoing . these proposals of the army , were so pleasing to his majesty , that in his answer to the propositions presented to him at hampton court the of septemb. . by the commissioners of both houses and of the kingdome of scotland , he refused to grant the propositions by them tendred , as being destructive to many principall interests of the army , and of all those whose affections concurred with them . and he gave this further answer to them . that his majesty having seen the proposals of the army to the commissioners from his houses residing with them , and with them to be treated in order to the clearing and securing the rights & liberties of the kingdom , as to the settling of a just & lasting peace . to which proposals , as he conceives , his two houses not to be strangers , so he beleeves they will think with him , that theymore conduce to the satisfaction of all interests , & may be a fitter foundation for a lasting peace then the propositions which at this time are tendred to him . he therefore propounds ( as the best way in his judgement in order to peace ) that his two houses would instantly take into consideration those proposals upon which there may be a personal treaty with his majesty , & such other proposals as his majesty shall make , hoping that the said proposals may be so moderated in the said treaty , as to render them the more capable of his majesties full concessions , wherein he resolves to give ful satisfaction to his people , for whatsoever shall concern the settling of the protestant profession , with liberty to tender consciences & the securing of the laws , liberties , and properties of all his subjects , and the just priviledges of parliament for the future &c. in which treaty , his majesty will be pleased ( if it be thought sit ) that commissioners from the army , whose the proposals are , may likewise be admitted . ●oe , here we have the general , officers , and army it self so zealous of a personal treaty with the king , for settlement of this kingdoms peace , and the carrying on of their owne interests , that themselves draw up proposals for a treaty with him , without the houses privity : yea , prevail * with him to lay aside the houses propositions to treat upon theirs , as more advantagious to him and his , and less beneficiall to the kingdoms interest . in which treaty he desires , that commissioners from the army ( whose the proposals were ) might likewise be admitted : & yet these zealots for a treaty then , are most furious to break off our treaty now , even by open force and violence , almost upon the very close , though they never made any opposition against it during * all its agitation ; perchance to bring on another treaty with the king upon their own proposals ; wherein the king and they will be the only treatours , and the houses but idle spectators , to rob them of the honor and benefit expected by our present treaty and of settling of the kingdoms peace , on so good terms for the publike interest . in fine , the generall and army under his command , in their remonstrance , of the of august , . [ approved and printed by order of the house of peers , ] p. . do thus expresse their readinesse and desire for the parliaments closing with the king , upon good grounds , and his bringing up to london [ though now they cry out for nothing bu● justice and execution to be done upon him , as their capital enemy ; ] for our parts , we shall rejoice as much as any , to see the king brought back to his parliament , [ and that ] not so much in place , as in affection and agreement , on such found terms and grounds as may render both him , and the kingdom safe , quiet , and happy . and shall be as ready as they to bring his majesty to london , when his being there may be likely to produce ( not greater disturbances or distractions , but ) a peace indeed , and that such , as may not [ with the shipwrack of the publike interest ] be shaped and moulded only to the private advantages of a particular party or faction , but bottom'd chiefly on grounds of common and publike welfare and security . the general , officers and army therefore , being so zealous for a treaty and close with the king , in all these severall remonstrances , papers , and proposalls , as the only hopefull way of settling and securing the kingdoms peace , cannot without the highest injury , and most detestable jugling , hypocrisie , and apostasie from their own ingagements & principles ( wherewith they do now falsly charge the house ) dislike our present proceedings in the selt same way , upon his majesties concessions in this treaty ; which by all these particular resolutions , and the armies own acknowledgments , is the only way of peace and settlement . secondly , as it is the only , so the speediest way of all other : if we now accept of these concessions , ( the most whereof i have turned into bils already , and shall turn all the rest into bils by our next sitting ) i see no reason but we may in one fortnight , at least by the first of ian. next , have fully settled and concluded all things in difference between the king and us , to the general content and safety of all honest men : and so end the old and begin the new year with peace . whereas if we now break off and let go all the king hath granted , i see no end of our wars and miseries , nor any probable means of peace and settlement in many years at least , if ever in this or the succeeding generation . and the speediest remedy in this case ( especially considering the kingdom is so far exhausted , that we know neither how to pay our publike debts , our fleet , or army their present arrears , much lesse their future ) must needs bee the best , and be preferred before all others that will require more time , and expence , and be more hazardous and contingent in the event . thirdly , as it is the speediest : so the best , and legallest , safest and certainest way of all others . first , there is no danger nor hazard at all in it , nor any expence of mony or effusion of bloud : 't is but accept , and then confirm by acts and oaths , and the work is presently done : if we think of settlement in any other way , we must fight again , and that will be both costly & hazardous : and when all is done , we must treat again , perchance upon worse terms , else there will be no peace nor settlement . secondly , this is the way we have ever formerly pitched upon , the way all parties have consented to and approved , but those alone who desire neither peace nor settlement : therefore best , safest , and durablest . thirdly , it is the legallest , certainest , because a peace and settlement by acts of parliament the highest security to english men under heaven , to which king , lord , commons , & in them the whole kingdom consent , & wil all acquiesce in what is done , without question or future dispute : what peace soever is settled otherwise , either by a bare order or ordinance of the houses , or by the sword & power alone : will neither be sure , safe , nor lasting , no longer then maintained by the sword , & every man will be sure to question and unsettle all again upon the least advantage given . the highest security that england ever had , was magna charta , and the charter of the forrest : these were gained by the sword , but not held by it . that which hath kept & perpetuated these since their making was those acts of parliament which confirmed them , these are only security for what ever we enjoy , which will survive all other we can think of , nullum violentum est diuturnum : whereas priviledges kept and held by publike acts will last for ever , and be entailed to us and our posterities , with peace and happiness attending them . this was the way of settling peace between kings and subjects heretofore in henry the . edward the . richard the . henry the . raigns , and an act of pacification and oblivion was the only safe and usuall way the parliaments both of england and scotland lately fixed on , to settle a firm and lasting peace between both nations , kingdoms . all other settlements will be but like an ul●●r skinned over , which will soone break out again , with greater pain and danger then before . dly , for the new way proposed by the army , for a firm peace & settlement , it is certainly the most desperate , dishonourable , dangerous and destructive that can possibly be imagined , and such as we can neither in honour , justice , conscience nor prudence imbrace . to examine it a little by parts : the first way to peace and settlement propounded by them , is presently to break off the treaty : and that , contrary to our publike faith to the king and kingdom , yea , to our own votes , before the treaty was fully ended : this is the drift of their whole remonstrance . which as it will totally , if not finally deprive us of the fruit & benefit of all the k. concessions in the treaty , [ all which are by mutuall agreement no wayes obligatory to either party in any particular unless all be agreed ] being all that we can possibly think of for our safety and advantage , and more then any nation under heaven yet injoied , so it wil inevitably cast us upon present wayes of new distractions , confusions and civill wars , now we are quite exhausted , and end at last in our absolute destruction , instead of a wel-grounded peace , and those blessings we may forth with enjoy for the very accepting , without further charge or trouble . but if god , beyond our hopes , should after any new embroylments give us peace , yet it must be upon a new treaty , and that perchance upon far worse terms then now are offered . therefore it must needs be dangerous to reject a safe way , to follow a hazardous or destructive one . the next thing proposed by them for a speedy peace and settlement , is the bringing of the * king to speedy justice for all his treasons and bloodshed in the late wars , and then to depose and execute him as the greatest capitall malefactor in the kingdom● this certainly is a very dangerous aund unlikely way to peace and settlement , first of all , * the smiting of the shepheard , is the way to scatter , not unite the sheep . the slaying of the king or generall in the field , * scatters and dissolves the army , not secures them . to cut off an aking head , is the next way to destroy , not cure a diseased body : such kind of state policy may destroy , or disturb , but never settle us in perfect peace : the prince , his next heir , the queen , the duke of york , all his children , and allies both at home and abroad , will certainly meditate revenge , and all kings in christendom will assist them , even for their own interest and safety , lest it should become a president for themselves . and will this then secure or be a likely way to peace or settlement ? . the greatest part of the members in both houses , the lords , gentlemen , and all sorts of people throughout the kingdome , the whole kingdomes of scotland and ireland , ( who have as great an interest in the kings person being their lawfull king , as we have , and are obliged by allegiance and covenant to protect his person and crown from violence ) will unanimously , as one man oppose and protest against it , and by force of arms , endeavour to bring those to execution who shall presume to advise , or attempt to depose or destroy the king in any kinde , contrary to their allegiance and solemne covenant : yea all protestant realms , churches , states in forraign parts will abhorre both the fact , and adjudge it contrary to their principles and religion , and that which may irritate popish kings and princes to take up arms to ruine them , lest they should fall into the like jesuiticall practice . and can this be a safe or speedy way to peace and settlement , especially when we know not what government shall succeed upon it , and can expect nothing but bloody consequences from such a bloody jesuiticall advice ? thirdly , i never read of any peace or settlement in any kingdom , where king-killing was practised or approved . when the roman armies began once to kill their emperours , and cut off their heads , * they were scarce ever free from civill warres . one army set up one emperour , another army another , the senate a third , who alwayes warred till they had cut off one anothers heads . most of those emperours had very short reigns , few of them above a year or two , and some of them scarce two months , but most of them untimely deaths . in sclavonia and norway , where they had a law , that he that slew a tyrant king , should suceed him in the throne : they had almost every year a new king , perpetuall wars and discords , and not one of all their kings for above one hundred years together ever came to a natural death , but was murthered as a tyrant , and succeeded by a worse and greater tyrant : as * saxo grammaticus and nubrigensis testifie . and in the sacred story it selfe , it is very observable , that after the ten tribes revolted from rehoboam , though by gods iustice and approbation for solomons sinnes ; they had never any peace or settlement , but perpetuall wars with one kingdome or another , or between themselves ; their kings , or most of them were all tyrants and idolaters , and by the just hand of god , for the most part tumultuously slaine and murthered one of and by another , who succeeded them : he that murthered his predecessor , being usually slain by his successor , or his predecessors sons , servants , or by the people of the land , in a tumltuous way : in the kings . we read in that one chapter of no lesse then of those kings slain one by another : and as for the people under these kings they had never any rest , peace , settlement , or freedome , but lived under the greatest misery and oppression that ever any subjects under heaven did , as the sacred history records . this king-killing certainly can be then no probable way at all to peace , safety , settlement , freedome , but the jesuits pollicy to deprive us eternally of all these , and of god , and religion to boot ; as it did the ten tribes heretofore . fourthly this way to peace and settlement , is directly contrary to all the former engagements , oaths , and severall petitions , declarations , remonstrances , protestations , and professions of both houses of parliament to the king , kingdome● people , wherein were have alwaies protested and held forth unto them both before and since the wars . * that we will preserve and protect the kings person from danger , support his royall estate with honour and plenty at home , with power and reputation abroad , and by our , loyall affections , actions and advice , lay a sure and lasting foundation of the greatnesse and prosperity of his majesty , and his royall posterity in future times . that we are still resolved , to keep our selves within we bounds of faithfulnesse and allegiance to his sacred person and crown . that we will with our lives , fortunes , estates , and with the last drop of our blood endeavour to support his majesty , and his just soveraignty and power over us● and to prevent all dangers to his majesties person . that wee tooke up armes as well for defence of his majesty , to protect● his person , as the kingdome and parliament ; without any intent to burt or injure his majesties person or power : professing in the presence of almighty god , that we would receive him with all honour , yeeld him all due obedience and subjection , and faithfully endeavour to secure his person and estate from all danger ; and to uttermost of our power to procure and establish to him and his people , all the blessings of a glorious and happy reign ; which both houses severall times profest and remonstrated to the world . * that the allegation that the army raised by the parliament , was to murder and depose the king , was such a scandall , as any that professed the name of a christian could not have so little charity as to raise it ; especially when they must needs know , the protestation taken by every member of both houses ; whereby they promise in the presence of almighty god , to defend his majesties person ; and all their addresses and petitions to him expressing the contrary : that they never suffered it to enter into their thoughts to depose the king , abhorring the very thought of it , much more the intent . that they never suffered the word deposing the king , to goe out of their mouthes , nor the thing to enter into their thoughts , that they rest assured , both god and man will abominate that monstrous and most injurious charge layed upon the representative body of this whole kingdome by the malignant party , against the king● as designing not onely the ruine of his maiesties person , but of monarchy it selfe : the authors of which malicious horrid scandall , they professe to make the instances of their exemplary iustice , so soon as they shall be discovered . now for us after all these multiplyed reiterated protestations , promises , engagements , declarations , remonstrances to all the world , from the beginning of the differences and wars till now , to think or talk of deposing and destroying of the king , and altering the government , as the only safe and speedy way to peace and settlement , as the army-remonstrants prescribe ; would be such a most detestable breach of publike faith ; such a most perfidious , treacherous , unrighteous and wicked act , as not only god , angels , and good men ; but the very worst of turks and devils would abhor : and therefore it s a miracle to me , that these , precious saints should thus impudently , before all the world propose to the house , and force you to pursue it , to staine your reputation , and make you exerable to god and men. fifthly , the very oath of allegiance , which every one of us hath taken , upon our first admission to be members , engageth us in positive terms , not to offer any violence or hurt-to his maiesties royall person , state , or government , to beare faith and true allegiance to his maiesty , his heirs and successors ; and him and them to defend to the uttermost of our power , against all conspiracies and attempts whatsoever , which shall be made against his : or their persons , crowne , or dignity : and from our hearts to abhorre , detest , and abjure as impious and hereticall , this jesuiticall and popish doctrine , that princes excommunicated or deprived by the pope , ( as it seems the kings is now for extirpating episcopacy , popery , mass , and prelacy out of his dominions by his present concessions , without any possibility or hopes of replanting ) may be deposed or murthered by their subjects or any other whatsoever . which jesuiticall contrivance and practise as our whole state and parliament , in the statutes of ● ia● cap. ● , , . eliz. cap. . and other acts resolve , is the only way to unsettle , ruine and subvert , not to settle and establish the peace and government of our realme . and both houses since this parliament , have by a solemne protestation first , and by a solemne league and covenant since , with hands listed up to the most high god , engaged both themselves and the three kingdoms of england , scotland , and ireland , by a most sacred and serious vow and protestation ( purposely made and prescribed by them , for the honour and happinesse of the king and his posterity , and the true publike liberty , safety and peace of the three kingdoms , as the title and preface declare ) sincerely , really , and constantly to endeavour with their estates and lives , to preserve and defend the kings majesties person and authority , in the preservation and defence of the true religion and liberties of the kingdome , ( which he hath now fully and actually performed by his concessions in this treaty ) that the world may beare witnesse with our consciences , of our loyalty , and that we have no thoughts or intentions to diminish his majesties just power and greatnesse . and shall also with all faithfullnesse endeavour the discovery of all such as shall be incendiaries or evill instruments , by dividing the king from his people : that they may be brought to speedy tryall , and receive condign punishment . and shall not suffer themselves directly , or indirectly by whatsoever combination or terrour , to be withdrawne or make defection from this covenant ; but shall all the dayes of their lives really and constantly continue therein against all opposition , and promote the same against all lets and impediments whatsoever . and this covenant we all made in the presence of almighty god , the searcher of all hearts ; with a reall intention to performe the same , as we shall answer at that great day , when the secrets of all hearts shall be disclosed . now how we , who are members of this house , or any who are subjects of our three kingdomes , or officers and souldiers in the army who have taken this oath of allegiance , protestation , league or covenant , or any of them , ( as some of them have done , all or two of them at least , sundry times over ) can , without the highest perjury to god , treachery to the king , perfidiousnesse to the kingdome , infamy to the world , scandall to the protestant religion , and eternall dishonour to the parliament and themselves , atheistically break through or elude all those most sacred and religious tyes upon our souls ; by a speedy publique dethroning and decolling of the king , and dis-inheriting his posterity ; ( as the army remostrants advise , ) and ●that in the open view of the world , and that al-seeing god , to whom we have thus appealed and sworne , by that iesuiticall equivocations or distinstions , ( of which the armies remonstrance is full or professions of our damnable hypoc●isie in the breaking of them , transcends my understanding . and for those who stile themselves saints , and charge this as one of the highest crimes against the king , his frequent breach of oathes and promises , to transcend him & iesuites in this very sin , is such a monster of impiety as i conceive could never have entred into the hearts of infidells , or the worst of men or divells , and to act this under a pretext to preserve and settle the peace of the kingdom , is such a solecisme , as militates point-blank against the very words and scope both of this oath , protestation , league and covenant , which crosseth not the oaths of supremacy and allegiance , but more strongly engageth all men to preserve and defend the kings person and authority ; in the preservation and defence of the true religion and liberties of the kingdome ; as the assembly of divines , and both houses affirm in their exhortation to take the covenant , which prescribes this as the only meanes of securing and preserving peace in all the three kingdomes ; to preserve the person and honor of the king , his crown and dignity , from any such violence and invasion as is now suggested by the army ; which all three of them engage us , and all three kingdoms , with our lives and fortunes really and constantly to oppose , against all lets and impediments , &c. and to bring those to condigne punishment as incendiaries and evill instruments who suggest it . so as if the army will proceed in this jesuiticall destructive way , of treason and ruine ; wee , and all three kingdoms are solemnly engaged with our estates and lives unanimously to oppose and bring them to justice . and is this then the way to publike peace and settlement , to raise another new war to murther one another in this new quarrell , wherein the army and their adherents , must be the sole malignants and enemies we must fight with , & c ? no verily , but the high-way to the kingdoms & armies ruine , whose commissions wee are obliged to revoke ; whose contributions wee must in conscience withdraw ; and whose power wee must with our own lives resist , unlesse we will be perjured , and guilty of breach of covenant in the highest degree , if they persist in these anti-covenant demands . . both houses having held a personall treaty with the king so lately , and he having granted us in that treaty whatsoever we have or can demand for the safety and preservation of our religion , laws , and liberties ; and both houses engaged themselves by vote in answer to the kings propositions , to restore him to a condition of freedome , honour , and safety , according to the lawes of the realm ( which was the armies own proposals in his behalfe in august , . ) wee can neither in honesty , honour , justice nor conscience ( were hee ten thousand times worse then the army would render him ) depose and bring him to execution . it being against all the rules of justice , and honour between two professed enemies , who had no relations one to another ; much more between king and subjects in a civil war , and a thing without president in any ages . to this the * army remonstrance answers , that this would be thought an unreasonable and unbeseeming demand in a personall treaty , between persons standing both free , and in equall ballance of power ; but not when one party is wholly subdued , captivated , imprisoned , and in the others power . but this certainly is a difference spun with a jesuiticall thred ; for to treat with any king in our power , or out of it , on articles of peace , upon these terms ; that if he consent to them , we will restore him to his throne with honor , freedom , safety ; and when he hath yeelded us our demands , then to depose and out off his head , is the highest breach of faith , truth , honor , and justice , that can be imagined : and those who dare justifie such perfidious and unchristian dealing deserve rather the stile of turks and equivocating iesuites , then pious saints . . there is no president in scripture , that the generall assembly , or sanhed●in of the jews or isrealites , did ever judicially imprison , depose or execute any one of the kings of iudah or israel , though many of them were the grossest idolaters , and wickedest princes under heaven ; who shed much innocent blood , and oppressed the people sundry waies . we know that david himselfe committed adultery with vriah his wife , a faithfull servant and souldier , whiles he was with his generall ioab in the field : and then afterward caused him to be treachero●sly slain . yet neither the assembly of the elders , nor ioab and the army under him , did impeach or crave justice against him for these sins , though hee lived impeniently in them . and when hee numbred the people afterwards , for which sin seventy thousand of his subjects lost their lives ; yet was hee not arraigned nor deposed for it : and god who is soveraignly just , though david was the principall malefactor in this case , i● not the sole ; and thereupon when hee saw the angell that smote the people , cryed out ; lo , i have sinned and done wickedly ; but these sheep , what have they done ? let thy hand bee against mee and my fathers house : yet god spared him and his houshold , though the principalls , and punished the people only with death , for this sin of his . after him solomon his son , a man eminent for wisdome and piety at first , apostatized to most grosse idolatry of all sorts , to please his idolatrous wives , and became a great oppressor of his people , making their burthens very heavy ; yet his subjects or souldiers did neither impeach nor depose him for it ; and though he were the principall offendor , yet god spared him for davids sake , in not taking the ten tribes from him for these sins , during his life ; though he rent them from his son rhehoboam , who was at most but accessory , for his fathers sins , not his . true it is , some of the idolatrous kings of israel , by the just avenging hand of god were slain by private conspiracies , and popular tumults , in an illegall way ; but not deposed nor arraigned by their sanhedrins , or generall congregations ; and those who slew them , were sometimes stain by others who aspired to the crown , or by the people of the land , or by their children who succeeded them ; and came to untimely tragicall ends . . though there be some presidents of popish states and parliaments deposing their popish kings and emperors at home , and in forraign parts , in an extraordinary way , by power of an armed party : yet there is no president of any one protestant kingdom or state , that did ever yet judicially depose or bring to execution , any of their kings and princes , though never so bad , whether protestants or papists ; and the protestants in france , though some of their kings , when they had invested them in their thrones , became apostates to popery and persecuters of their people ; albeit they resisted them by force of arms in the field to preserve their lives ; did never once attempt to pull them from their thrones , or bring their persons unto justice : and i hope our protestant parliament will never make the first president in this kind , nor stain their honor or religion with the blood of a protestant king , against so many oathes , protestations , covenants , declarations , and remonstrances made and published by them to the contrary . . for the presidents of edward the second , and richard the second in times of popery , they were rather forcible resignations by power of an army , then judiciall deprivations , neither of them being ever legally arraigned and brought to tryall in parliament . and mortimer who had the chief hand in deposing king edward the second , in the parliament of e. . was in the parliament of e. . impeached , condemned , and executed as a traitor , and guilty of high treason , for murthering edward the second after he was deposed , at berkley-castle , and sir simon bereford , ( together with thomas gurney and william ocle ) were adjudged traitors for assisting him therein ; one of them executed , and great rewards promised to the apprehenders of the other two . and as for richard the second though he was deposed after henry the fourth was crowned by pretence in parliament ; yet this deposition after his resignation only , not before it : and without any formall tryall or arraignment , or any capitall judgement of death against him ; for which i find no president in any parliament of england , scotland , france , nor yet in denmark it self , though an elective kingdome ; who , though they justly deposed christiern the second , for his most abominable tyrannies and cruelties , yet they never adjudged , or p●t him to death , but only restrained him as a prisoner . i shall only add this , that though the elective kingdoms of hungary , bohemia , poland , denmark , and sweden , have in their parliaments and diets deposed sundry of their kings for their wickednesses and tyranny yet they never judicially condemned any one of them to death , though papists , and for a protestant parliament ( to please an army only , acted by jesuites in this particular ; to render both parliament , army , and our religion too for ever execrable throughout the world ; and set all mens pens and hands against them to their ruine ) to begin such a bloody president as this , upon a most false pretext , of setling peace ; contrary to the express command of god himself ; who commands christians to pray for kings , and all in authority , that they may live a quiet and peaceable life under them in all godlinesse and honesty , ( not to depose or cut of their heads ; as the only way to peace and settlement ; will not only be scandalous but monstrous . the next thing they propose for a present peace and settlement ; it the executing of the prince if hee come not over upon summons at a short day , and give not satisfaction to the houses : or else to declare him and the duke of york , if they appear not upon summons , to bee uncapable of any trust or government in this kingdom , or any dominions thereunto belonging , and thence to stand exiled for ever as enemies and traitors , to die without mercy , if ever taken or found therein . a jesuiticall inevitable way to civill wars and ruine . for the king being deposed and cut off ; the prince no doubt is next heir to the crown , both by the common law , and the statute of . iacobi cap. . to which i doubt a vote or ordinance of both houses only , will be no such legall barre in any lawyers or wisemans judgement , but that hee will claim his right ; and the generallity of the kingdome ( at least ten thousand to one proclaim and embrace him for their lawfull king , and assist him with their lives and fortunes , both to regain and retain his right , being bound by their oath of supremacy and allegiance , and their solemn league and covenant so to do . and must not this of necessity beget a present lasting war ; in stead of a speedy setled peace ? undoubtedly it will. but consider further , that the prince is not only heir apparent to the crown of england , but of scotland and ireland too : and though we reject ; yet undoubtedly scotland and ireland will readily imbrace him as their lawfull king , notwithstanding any votes of ours ; and will both unanimously assist him with their lives and fortunes to recover his right to the crown of england : and those two kingdoms falling off wholly from us , and proclaiming warre against us , and joining with that potent party here , which certainly will appear in his behalfe , out of a naturall inclination to the right undoubted heir , or hopes of favour and preferment ( since plures solem orientem quam occidentem adorantur ) and with all his friends and allies forces from abroad ; whether this wil not be an unavoidable occasion , not only of a present war , but of certain destructions and desolation to this poor kingdome , and more especially to the army and their adherents in this desperate advice , ( who must stand or fall upon their own bottome , without the least aid or contribution from any other , ) i desire them , and all others who have either eyes or brains in their heads most seriously to consider . but that which makes me most of all detest this desperate advice , is this , that it is the only way that can be thought upon to accomplish the popes and jesuites designs , to set up popery , and subvert the protestant religion , and professors of it in all our three kingdoms , and in all forraign realms beyond the seas . for if this reforming parliament , which hath pretended so much to the extirpation of popery , shall so far play the popes and jesuites ( the undoubted contrivers of this armys new-model of our peace and settlement ) as to depose and behead the king his father , and forever disinherit him of the crown , & bring him as a traitor to die without mercy , if he come hither : it wil so far provoke and exasperate him & the duke , being both young and of generous spirits , not throughly grounded in our religion ; and under the queens tuition , and in the power of this popish party abroad , who will aggravate these high affronts and injuries put upon them to the utmost , and on whose protection they will be in this case necessitated to cast themselves ; that there is great fear and probability , they will immediately renounce such a bloody and detestable religion , as shall ins●igate us to such horrid actions and councels , and abominate all the professors of it , so as totally to abandon them , and turn roman catholicks in good earnest ; and then match themselves to great potent popish alliances : and by their purses , forces , and assistance ; and of the popes , and all his catholick sonnes in forraigne parts for the advancement of the catholick cause ; and of the popish , malignants , and discontented parties in england , scotland , and ireland ( which will questionlesse receive and assist the prince as their soveraign lord and king ) invade our poore , impoverished , divided and distressed kingdom with such a power , as in all humane probability would speedily over-runne and destroy this mutinous army , and the houses too , put them with their adherents to the sword , without mercy or quarter , and disinherit them and their heirs for ever , to revenge their fathers blood , and their dis-inherison of the crown , &c. and then popery and prelacy will both return with greater authority , power , & approbation then ever ; over-spread our whole three kingdoms , and extirpate our religion , & the professors of it , as the most anti-monarchical , treacherous and perfidious bloody miscreants under heaven ; & excite all other forraign states and kingdoms to do the like to prevent the springing up of a new generation of treacherous king-killing , state-subverting agitators , and hypocritical & perfidious army-saints ; and engage all protestant kingdoms , churches , and states , for their own security and vindication to disclaim and declare against us . this questionlesse will be the sad inevitable issue of this jesuiticall advice if ever the houses or army shall put it into actuall execution , and not speedily prevent it ; it being long since fore-plotted by the jesuites , as i shall prove anon , at the beginning of the late warre against the scots . but if the prince and duke be set aside ; i would gladly learn of these statists , who , and what king they would set up ? not any of the kings posterity certainly , since they dis-inherit two at a blow ; and the blood being corrupted by the kings and their attainders , no other heir can inherit it by descent ; it must escheat to the houses or armies disposal , and become no kingdom at all but an elective one , if any : and is this the next way to peace and settlement ? if so , i have certainly lost my reason and senses too . no , it will be a seminary of lasting wars ; of which few elective kingdoms are long free , every new election producing commonly a new warre , where there is no pretence of an hereditary succession , much more where a right heir is forcibly and unjustly dis-inherited : i shall give you but one instance , ( though i could name you divers ) and that is a memorable one at home in our owne kingdom . king henry the first , having one onely daughter * maud , to reserve the crown unto her after his death , caused her to be crowned , and made all the prelates and nobles swear to receive her as their queen and princesse after his decease . but she marrying afterwards to the emperour ; and being out of the realme when king henry died : the archbishop of canterbury with the rest of the prelates and nobles ( contrary to their oath and agreement ) elected stephen earle of bloyes for their king , and put by maud the right heir ; stephen taking an oath to grant and confirm those laws and liberties for the kingdoms peace and settlement , as they propounded to him before his coronation : a very likely means to settle peace and prosperity as they imagined . but was the event answerable ? no verily ; this cursed perjury and pollicy brought all the chiefe contrivers of it to great calamity and miserable ends ; and engendred a bloody civill warre in the bowels of this kingdom , which continued no lesse then seventeene years together , with interchangeable successes ; till the whole kingdom was laid waste and desolate , most houses , towns , and villages burned to the ground ; their gardens and orchards quite destroyed , their monies and estates exhausted and plundered ; their cattle and flocks consumed and eaten up , their fields over grown with weeds in stead of corne , most of the people devoured by the sword , famine and pestilence , and eleven hundred castles , holds , and garrisons erected , which were no other but dens of theeves and plunderers . this was the peace and settlement this policy produced . at last both parties weary of the wars , out of pure necessity , came to a personall treaty , and in conclusion made this agreement , that stephen having no issue of his body , should enjoy the crowne during his life ; and henry , son and heir to maud , and next heir also to stephen , should succeed him , after his death , and in some sort officiate with him in the kingdoms govenment during his life . and so these long lasting warres concluded ; after which there were at least eleven hundred castles demolished by order of parliament crected during these wars , to the countreys utter undoing . but if we dis-inherit the prince and duke , for ought i discern , if they suddainly recover not their possession of the crown of england , after one seven years of warre already elapsed , we may have seventeen years more , and seventeen after that again , and be reduced to a more miserable condition then our ancestors were in king stephens dayes : and that upon these two grounds . first , the contest then , was onely between two competitors for this one kingdom , who had no other kingdoms of their own to side with them . but the prince and duke being successively heirs as well to the crowns of scotland and ireland , as england ; will have their aid and assistance , and of their forraign friends too , to carry on the wars , till they have got possession of the crowne of england , upon better terms then ever they are like to enjoy it , if we accept of the k. concessions , which we can never expect from them , if we depose and kil the king , and dis-inherit & banish them for traitors . secondly , stephen the actuall king then had no issue at all , and henry was next heir to the crown , both to maud and him , so as both titles meeting in him , the controversie and wars must needs cease . but if we shall now set up a new king by election , either of the kings line or otherwise ; as long as there is either an elective king , or hereditary , to exclude this prince or duke , or either of their heirs to whom the inheritance of the crown belongs of right , we can neither hope for , nor expect either peace or settlement in this kingdom , as the bloody and long lived wars between the two houses of lancaster and york will inform us , which never ended till they were both united in king henry the seventh . the armies next proposall to settle the kingdoms peace , is as bad as any of the former ; to wit , * the speedy dissolving of this present parliament : which if not presently consented to , for ought i discerne by their last declaration , they are resolved to dissolve it by open violence on the houses , which they threaten . a tempest ( certainly ) of the jesuites raising , to blow down this parliament , as they would have blown up that of iacobi with gun-powder . but is this a way to safety and settlement , to dissolve the onely visible meanes of both ? if the king , prince , duke , parliament be all dissolved , and quite laid aside , what meanes or hopes at all of peace , of safety , of settlement , can any man in his right senses rationally see or imagine ? is the overturning of the very foundations and pillars of our church and kingdom , the best and safest way to settle and preserve them ? is it not the onely certain way to subvert and ruine them ? such wayes of peace and settlement a● these are fitter for bedlam , then a parliament house . yea , but they have one infallible way more ( to which all the rest are but preparatory ) to settle peace and safety in our kingdoms , which they idolize , almost ; to wit , * a new representative , or mo●k-parliament , to be immediately subscribed to and set up in post haste , constituted neither of king , nor lords , ( the brats of tyranny and the norman conquest , as some of themselves pretend , as this representative is of the armies , ) nor yet of knights , citizens and burgesses duly elected , but of a selected company of politick mechanicks , pragmaticall levellers , and statesmen of the general councel of the army , ( as they stile themselves , by what commissiom i know not ) who have usurped the whole power both of king , parliament , assembly , and all courts of iustice before their representative be setled , as a true pattern of it , which they are to imitate . a meer whimsicall vtopia and babel of confusion , invented by the iesuites to please the vulgar rabhle , and stir them up to mutinies against king , lords , commons , gentlemen , and their superiours of all ranks , that they alone may possesse and sway the reins of government , magistracy and ministry , to which they have now prepared their tumultuous spirits . much * might be said against it ; but i shall contract my self , because nothing can be so much as probably pretended for it . first , it is a new jesuiticall , popish gunpowder treason with a witnesse , which blowes up and destroyes at once the king , prince , duke , lords , knights of shires , citizens , burgesses , this present and all future parliaments , and noblest , ancientest cities and boroughs of england . it not this a blessed invention to settle peace and safety ? secondly , it blows up both our magistracy , ministry , laws , liberties , judges and courts of justice at one crack , and breaks them all in pieces , to raise up this new bab●● out of all their ruines . and is not this a blessed new invention of jesuites and saints to settle peace ? thirdly , it blows up all our oaths of supremacy and allegeance ; protestations , solemn leagues and covenants , all former numerous declarations , remonstrances , votes and resolutions of one or both houses of parliament , * not to alter the present form of government by king , lords , commons and other ordinary magistrates and ministers of publick iustice ; or●●e● loose the golden reins of government to blasphemies , heresies , errors , libertinisme , pr●phanenesse , schisme , & all sorts of religions . it unsettles all things , to settle that which is worse then nothing . and is this the way to safety , tranquillity or settlement ? fourthly , it enforceth a● * subscription more unjust , unreasonable , illegall , tyrannicall and penall then ever the bishops or pope invented : invents and sets up the very worst of monopolies , a monopoly of electors of elections , and of representatives elected ; engrossing all mens ancient rights , liberties , priviledges of election without consent or title , into the hands of those who never had a right unto them , the people ; who are no free-holders , no free-burgesses , free-citizens , or men capable of votes by law : and these people no other then the army themselves and some of their levelling confederates : who must possesse , judge , rule , usurp the rights and priviledges of the whole kingdome , in point of electing parliament members , without charter or title : a cursed monopoly , which will discontent all men who are thus injuriously deprived of their rights , and produce nought else but infinite animosities , factions , fractions and tumuls throughout the kingdome , and discontent all wise , all honest men ; who will rather die , then not oppose it unto death , as carrying the death a●d funerall of al peace , settlement , parliaments , & the kingdome in its bowels . and is this a fit tool to peece and unite our shattred kingdome , and settle peace amongst us ? fifthly , it no way extends to ireland or our islands , but to england onely ; it will require many years time and triall to settle and secure its own being , priviledge & power , and gain any general obedience to its new erected soveraignty : so that our church and state will be sunk and drowned , and ireland inevitably lost , before this ark will or can be prepared for their safety . sixthly , this new● representative in this new remonstrance is ( in terminis ) nought else , but the very agreement of the people , presented to the house by the agitators , accompanied with some iesuites , on the . of novemb. . ( then and in that very month twice , by two expresse votes upon solemn debate , and an ordinance of both houses in december following ; resolved , to be destructive to the being of parliaments , and to the fundamentall government of the kingdome ; and a signall brand of disability and imprisonment imposed on the contrivers and presenters of it ; and then condemned by the generall and his councell of warre , who shot one white to death for abetting it ; of which more a non . ) therefore it seems a miracle to me , that they should be now so virtiginous , rash , and audacious as to tander this to the house againe with such post-hast and violence , as the readiest , safest , and speedyest course to settle peace and safety , and set aside the onely meanes of settlement , the treaty . o the inconstancy and strange intoxications of these new saints and statists , who would make the houses as unconstant as themselves ! since then i have cleerly manifested , that all these proposals of peace and settlement in the army 's late remonstrance , are all and every of them most apparent precipices , jesuiticall contrivances and labyrinthes of speedy , imminent , unavoidable ruine and confusion to our king , prince , kingdomes , magistracy , ministry , church , religion , lawes , liberties , government , the present and all succeeding parliaments , and the army too , it must needs be the very extremity of madnesse to let go that speedy , safe and sure way to certain peace , security and settlement i have propounded , by accepting of the kings concessions , to catch at such a false deceitfull shadow of settlement as this , which will eng●l●e us in endlesse wars and miseries . it is a rule in policy and divinity , ex duobus malis minimum eligendum . but of these , one being a most certain destructive evill , and the other a certaine good and advantage of the highest nature , it can admit of no deliberation , which of them to embrace : and so much the rather , if we sadly consider of our deplorable & almost desperate condition both at home and abroad , pertinent to the point in hand . we are all weary of a long and costly warre ( and yet god hath so infatuated many , that though in words they desire , yet in deeds they reject alwayes of peace , and cast them out of their hands when put into them ; as if they delighted to have our warres spun out ( like amaleck's ) from generation to generation . wee are unable any longer to maintain a warre , and yet are unwilling to give it over . but i beseech you now seriously to consider into what great straights and difficulties you are already brought , and how the true state of your affairs stands in relation to your forces and friends , both at home and abroad . there are many thousands of reformadoes who have formerly served you in your warres , who lie dayly clamouring at your doores for arrears , complaining they are ready to starve , and some of them to ●ot in prison , desiring but some inconsiderable summe to satisfie their present necessities , and you returne them answer , you are unable to raise it ; and after many debates upon their generall ordinance , you cannot in diverse months pich upon any probable meanes to secure their arreares , amounting ( as is conceived ) to above two hundred thousand pounds . the arreares alledged to be due to the army ( who now take free quarter , and eat up the countries where they lye ) amount to above three hundred thousand pounds : and how to raise money to discharge this debt , or so much as to disband the supernumeraries , and reduce the army into their winter quarters , hath put you to a stand for many weeks , and as yet you know not how to doe it : so as free quarter must still continue to ruine us on the one hand , and your debts and arrears be dayly multiplied to undoe us on the other hand . your navie is now comming in to harbors , and your mariners expect a present considerable sum , amounting to many thousands , to pay them off ; and you have not yet one peny in your treasury to satisfie their arrears , and can pitch upon no way to raise any present monies but onely by the earle of arundels composition ; amounting in all but to six thousand pounds , and the moity of it not to be paid till three months end at least . what your other debts of the navy are , and how many thousand pounds you owe to mariners , masters , and tradesmen , the committee of the navie can best informe you . your debts to your artificers , waggonars , and such who have advanced monies upon the publick faith , amount to two or three millions at least : besides , your debts to plimmouth and other garrisons are so great , that they are all ready to mutiny and disband for want of pay . your debts to the souldiers and officers in ireland are vaste ; and if speedy and large supplies of men , provision and monies arrive not there within one month , colonell iones , and your other officers there professe , the whole kingdome will be utterly lost : and you ( for ought i sinde ) have no possible means to supply them with either . if then your debts are already so great , to reformadoes , tradesmen , the army , navie , garisons , and those who have lent you monies , that you know not how to satisfie any one of them : if you have not money to pay your army or navie at the present , nor to maintaine them for the future why doe you now refuse that peace which is tendered you upon such great advantages , and chuse a warre which you know not how to maintaine , and must needs break yours and the kingdoms backs in few months more ? your credits are quite lost and broken in all places , in city , country , and the houses too ; you cannot now borrow ten thousand pounds ( for ought i know ) upon any suddain occasion , were it to serve the kingdome : your breaches of faith and security heretofore , and clashes with the city , have made you almost bankrupts , if not altogether . gold-smiths hall , the excise , camb●en-house and custom-house are already charged with more debts then are likely to be paid in many yeares : compositions are almost at a stand or end : sequestrations generally disposed of to each particular county , or other uses : bishops lands engaged for farre more then they are really worth : you have nothing of your owne or the publick's left to rais● either present monies , or credit whereon● to borrow them● besides , the city , country , and whole kingdome are how quite exhausted , and almost as poore as naked iob was . many countries of the kingdome are so impoverished and exhausted with the last warres , ( especially the foure northern shires next to scotland ) that ( as their knights and burgesses assure you ) they are so farre unable to pay any taxes , that they already starve and perish in most places for want of food , and are petitioners to you for some reparation towards their great losses , and present support to keep them from starving . the rich associated counties have beene harressed and undone by the last summers warres , that they are growne poore , unable to lend or contribute to you any more force or assistance . the excessive dearth of corn and provisions the last year , the great destruction of corn by unseasonable weather this present year , which makes that which is wholesome exceeding deer ; the extraordinary rot among sheep , and murraine among cattle ( which should raise monies ) 〈◊〉 counties ; the generall scarcity and decay of trade by land , of merchandize by sea , and apparent probability of their decaying every day more and more , by reason of the revolted ships and irish men-of-warre ; and the sequestrations of the malignant , and plunderings and losses of the wel-affected nobility and gentry have so impoverished all sorts of men , ( but the souldier and army ; and some fow treasurers and officers ) that they know not how to live or subsist almost , much lesse to lend or contribute to maintaine such a numerous army by land and sea , and supply irelands pressing necessities . if you cannot tell how to pay your present debts , what folly is it to augment them for the future ? if you cannot pay your army or navie now , how will you be able to do it hereafter ? if then you will have no peace with the king upon the treaty , but break it off , and keep up a warre and army still without colour or reason in this your impoverished and exhausted condition , then mark the consequences : your forces being not duly paid , will live upon free-quarter still , and that will undoe the country , & make them desperate : and when they have eaten out all the poor , then they will mutiny , and fall on all that are rich , put them to present fines and ransoms at their pleasure , eat them out of house and home , share their estates and offices , which many of them already professe to be thei●s by conquest ; and then the longest sword will be the only true judge and measure of al mens properties , and divider of their estates , as well in this as former ages ; of which we already begin to feel some sad experiments . and as the souldier on the one hand , so the penurious poor people in every place , for want of work and imployment , and bread to put into their head , encouraged by the souldiers uncontrolled insolencies , will fall to plunder and levell all rich men on the other side . and if the army remonstrance and agreement of the people ( now in hot persuit ) take place , ministers shall receive no tythes , landlords no rents , creditors no debts , and oppressed ruined persons no law not justice . kings must go down , princes and peers quite down , parliaments down , judges , justices , magistrates , laws , tenures , inclosures down , all rich and landed persons down ; their very wealth and estates will be sufficient cause to make them malignants to a starved peasantry and al-conquering unpaid army ; and then what follows but immediate and irrecoverable ruine ? i beseech you therefore consider in what a desperate , hazardous condition we and the whole kingdom now stand at present ; how neer we and ireland are to the very brink of ruine . if we will now put into that safe and sure harbour of peace which the present treaty invites us into , without any further cost , or fear of shipwrack , we may yet through gods blessing be safe and happy : but if we now wilfully put forth to sea again , among so many rocks , shelves & quick sands which surround us on every side , and will yet chuse war instead of peace when the golden and silver nerves that formerly maintained it are quite shrunk up , we can expect nought else but drowning , & sudden shipwrack of all our kingdoms , parliaments , liberties , estates , and of our church and religion too . yea , but ( say some ) though all this be truth , we must not displease the army , who are our present strength and safety ; for then we are are lost indeed . i have answered this objection once before in one sense , in relation to the treaties satisfactorinesse ; i shall here answer it in another . i say then , . that we have a god to please , who wil be displeased , if we please the army in their unjust demands : and better is it to please god , then to please any army whatsoever : if god be with us , who can be against us ? we need no armies protections , if the lord of hosts be our guardian . . we have a conscience to please , as well as an army ; and we must satsifie that , though the army , ( who pretend so much for liberty of conscience , yet will allow us none , or very little ) be never so unsatisfied with it . . we have a kingdom , nay three kingdoms to please , and to save too : and we must rather please and save them , by rejecting the armies proposals , which will inevitably ruine them , then please the army in being any way instrumentall for their destruction , by embracing their destructive counsels : if our kingdoms be preserved , we may have another army , though this be disbanded , dissolved , yea destroyed ; but if the kingdoms perish by our pursuing their rash proposals , we shall neither have kingdoms : nor yet an army , nor this army , who must certainly perish in and with the kingdoms ruine . . we have a navie to please as well as an army ; and which is more considerable to us then an army : a new army may soon be raised , though the old be disbanded ; but a navie being once lost , ships will not grow again , nor another navy built in many years . and will not the pleasing of the army in this , displease and lose the navy now , as it did the last summer , to your great losse and danger ? and can the army guard the kingdom against any forreign● invasions if the navy be lost ? no nor treble their number . look then you please your navy as well as army . . we have many * hundred thousands of well-affected and cordiall christians and covenanters to please , who have adventured their estates , lives , limbs , in the present cause , and done as gallant services ( many of them ) in the field , both this last summer and before , as any in this army , and are considerable for number , quality , estate , wisdom parts , and reall piety and love to the publick interest , then the army : all which ( i am certain ) we shall ●ghly discontent , and grieve , nay palpably over-reach and cheat to their very faces , if we should please the army in their present demands , to their prejudices , and scandall , and our religions too . there was no man of publick spirit that engaged with , contributed towards , or took up arms in the parliaments service or cause at first , but meerly upon these five grounds , expressed in all the houses remonstraces , declarations , petitions , protestations , and in the solemn league and covenant : . to defend and maintain the true protestant religion , against popery , error , and superstition . . to defend the kings royall person , dignity , and legall authority , against violence , treachery , and usurpation . . to maintain the priviledges , rights and freedom of parliaments , and the fundamentall laws and government of the kingdom , against state-innovations , and tyranny . fourthly , to rescue the kings person from evill counsellors ; and bring such incendiaries and delinquents to condign punishment , fifthly , to settle the kingdom in freedom , safety , and peace , against crueltie , dangers , and imminent wars and tumults . upon these grounds , and for these ends only , did both houses , and all who adhered to them , or took up arms for them , by their commissions , engage , and so did this * very army . i appeal then to every mans conscience , whether the houses , or any who engaged with them , did ever contribute any moneys , plate , horse , atms , or march out as an officer or souldier under them in these wars , with any such intention as this , to depose and bring the king to justice ; disinherit the princes , and kings posterity ; dissolve the present parliament , and pull all future parliaments , and ' their priviledges up by the roots , subvert the fundamentall government of the realm , and set up a new representative to dash all these in pieces , and destroy religion , magistracy and ministry ? did they not all abhor and disclaim in publique all such thoughts and intentition as these ? and when objected by the king and his party out of jealousie amd fear ; did not the * houses presently resent and remonstrate against it as the grossest scandall , and their adherents too ? or would ever a man have engaged with the houses , or the houses with them in this war , or enrolled his name even in this new model'd army , had he been told at first , that he must fight to depose and bring the king to execution , to dis-inherit his posterity , dissolve this parliament , and the very rights , priviledges , and being of all future parliaments , to set up a new government and representative in our church and state , to alter and change all things at their fancies , and to break every clauses and article of the solemn league & conant ? if not one of these was the true end of our wars and engagement against the king at first , and all along till now , but the clean contrary to them ; then how can they now be propounded as the only fruits of our wars , and means or conditions of our peace and settlement ? will they not all say , ( if the houses or army proceed in their proposals for peace and settlement , mentioned in their last remonstrance ) that they engaged and took up arms to doe quite contrary to what they now propose to the houses , and endeavour to enforce them to put it in punctuall execution ? and will they not now say , that they are by their originall engagement and covenants obliged with their lives and estates to oppose and oppugn the army in all these particulars ; that having thus declared and resolved , they cannot pray for , but against the armies late successes herein ; that they cannot henceforth contribute towards their future pay and support in point of conscience or prudence , but must withdraw and withhold their contributions , and resist them to their faces , declare their commissions null , and not look on , or take them as an army , but as a tumultnous rout of persons , assembled without commission , to act over iack cades treasons again , and quite pull down that frame of government and order which they have been building up and supporting these many years , with such vast expence of treasure and bloud ? better then displease the army , then that all these covenanters and engagers should suffer , to theirs , the three kingdoms hazard , ireland's certain losse , and this very armies overthrow , which these jesuiticall designs wil certainly destroy in a very short space , if they iehu-like , drive on so furiously in prosecution and execution of them , as they have done of late . consider i beseech you of the desperatenesse and excessive unavoidable destructivenesse of these monstrous wayes to the speedy peace and settlement of our church and state , and of the safety and security of the things your selves have pitched on for peace and settlement in and by the treaty ; and lord guide our hearts and votes a right therein , that we choose not death in stead of life ; the wayes of misery and destruction in stead of the way of peace , which armies seldom know , or prescribe to themselves or others . mr. speaker , having thus demonstrated to you the unavoydable destructivenesse and confusion of those counsels , and pretended wayes of settlement which the officers of the army have propounded , and would imperiously and forcibly thrust you upon to the kings , kingdomes , parliaments , religions , their own , our and irelands certain and most speedy ruine ; i must now crave leave with much sadnesse of heart to unbosome my very soul unto you , and discover you that secret which god hath so clearly manifested to my understanding , that i dare not ( under the highest penalty ) but acquaint you with ; that the jesuites , and roman priests and catholicks are the originall contrivers and principall somenters of the late and present distempers , and undutifull mutinous proceedings and counsels of the officers and army , and chief contrivers of the new babel , or model of confusion which they have tendred to you in their late remonstrance as the only way to peace and settlement . and if i shall clearly demonstrate this unto the house , i hope every member present , and the whole army and kingdome , when they know it , will eternally abhor and renounce it , and never henceforth countenance or promote this jesuiticall and romish designe : which i am perswaded the generall , and most of the officers and souldiers in the army , in the simplicity of their hearts ( with honest and publick intentions of justice and common freedom ) have been ignorantly drawn into , by over-reaching pates and machiavilian policies of these cunning iesuites , who can metamorphose themselves into any shapes , and invisibly infinuate themselves into their counsels and actings , to promote their own interest and our destruction . i do not prosesse my self to be any great statesman , or exactly to know what ever is secretly transacted among us : but this i can say , without disparagement to others , or vain-glory to my self , that i have for many years last past been as curious an observer of all the great transactions of affairs in church or state , and of the instruments and means by which they have been covertly contrived and carried on , as any man in this house or kingdom : and that god hath honoured me in being one of the first discoverers and opposers of the jesuites and papists plots to undermine our religion , and usher in popery by degrees into our church , by making use of our popish and arminian prelates and clergy-men as their instruments , and broaching one arminian and popish doctrine and introducing one popish superstition and innovation after another ; of which i have given this house and the kingdome the fullest and clearest discoveries of any man ; and likewise of introducing tyranny , arbitrary power and civill combustions in our state , of which i likewise made seasonable discoveries and opposition , the ground of all my sufferings , close imprisonment and banishent , to prevent the like detections and oppositions . and since my return from exile , i have in my rome's master-piece , the royall popish favovrite , hidden works of darknesse brovght to pvblick light , the antipathy of english prelacy to vnity and monarchy , and the history of the archbishop of canterbvry's try all , and other writings , given the world such an exact account of the iesuites and papists plots and influences upon our church , state , court , councels , prelates , corrupt clergy , and all sorts of people to reduce us back to rome , supplant religion , subvert parliaments , set up tyranny and involve us in civill wars both in england , scotland , and ireland , ( concealed from most , and scarce known to any before these discoveries ) as none else before or since mee have done ; all which both houses have since approved and made use of in severall declarations and remonstrance and therefore i may with greater confidence and better grounds adventure on this discovery , of which most here present ( who are little acquainted with mysteries of state or politicks ' and trouble not their heads with such inquiries after them as i have done ) are utterly ignorant , and so apt to be deluded , and easily over-reached ; the plainest open-hearted men being easiest to be over-witted by jesuites and their instruments ; especially when they transform themselves into angels of light , or become new lights , to broach new strange opinions , or revive old errors under the notion of new-light ; as they have lately done , to lead captive silly people . to make out this discovery so cleerly evident that none can rationally deny , but be sufficiently convinced of its truth , i must minde you of these particulars of undoubted truth and certainty which this house and the house of lords have joyntly and severally published and remonstrated to the whole kingdom , king , and world in severall declarations and remonstrances , and other printed papers . . that the * iesuites , and other engineeres and factors for rome , for the alreration of religion , the setting up of popery and tyranny in this kingdom , and subversion of the fundamentall lawes and government of it ; did long before the beginning of this parliament , compose and set up a corrupt , malignant , ill-affected party , consisting of corrupt bishops and clergy-men , some great officers and counsellours of state and others of trust and neernesse about the king , his children and court , to carry on these their designes , who were acted by their subtill practises : and that by this means those iesuites and romish engineers had a very powerfull operation upon his majesties counsells , and the most important affaires and proceedings of his government both in church and state. . that the most dangerous divisions , preparations and armies to make a war between england and scotland , were made and carried on by the practise and counsel of the iesuites , papists , and their confederates , 〈◊〉 scottish iesuites being sent from london into scotland not foment the divisions there ; and a generall convention of all the principall roman catholicks in this kingdom , and of sundry priests and iesuites ( whereof con the popes nuncio was president ) being held in london ; wherein great sums of mony were granted towards the raising of the army against the scots , & treasurers and collectors appointed by them in every county ; and popish commanders sent for over and imployed in that service , as was apparently proved before a committee , and reported to this house soon after the beginning of this parliament , as your own journal manifests . and it furthers appears by one who was privy to that plot , sent from rome as an assistant to con ; who out of conscience revealed all the secrets of it to andreas ab habernfeld ( physitian to the queen of bohemia at the hague ) under an oath of secrecy , and he to sir william boswel and the king , the originals whereof are in my custody , and published by me ( at your appointment ) in my * romes master-piece , ) that the ●end of he scottish wars was to engage the king to cast himself wholly on the papists and their party , ( the puritans and protestant party , being averse to this war , and inclining to the scots , who would not engage to assist him , unlesse hee would condition with them , to grant an universall toleration of popery , and free exercise of that religion to the papists , if their party prevailed : to which if he should shew himself unwilling or averse , then they would presently dispatch him out of the way , and poyson him with an indian nut , which they had prepared ( kept in con's custody ) as they had poysoned his father king iames : and the prince being next heir to the crown , educated neer his mother , accustomed to the popish party , and easie to be perverted in his religion , being but young and under age , they would get him into their power , educate him in their religion , and match him to a papist ; & so all their work accomplished , popery set up , & the protestants and their religion so 〈◊〉 extirpated both in england , scotland , and irelands in which d●scovery he further relates , that there were under the command of cardinal barbarino the popes nephew , protector of the english catholicks , and con the nuncio resident in london , four severall orders of jasuites most active in these designs and wars , & disturbers of christian kingdoms . the first , ecclesiasticks , whose office it is to take care of things promoting religion . the second polititians , whose imployment it is , by any meanes whatsoever to shake , troube , reforme , and alter the state of kingdoms and republiks . the third seculars , whose property it is , to intrude themselves into offices & places about kings and princes ; and to insinuate and thrust themselves into civill affaires , bargains , contracts , and such like civill businesse . the and fourth , spyes or intilligencers , men of inferior condition , who submit and become houshold servants to princes , barons , noblemen , great men , gentlemen , citizens , and others of all protessions , to discover their minds , and make use of them to prom●te their designes . that these jesuites usually met at one captaine reads ( a scotch-man , a souldier and lay jesuit , ●●ing in long acre ) in the habits gentlemen● souldiers , and laymen : and many of them followed the camp as souldiers in those intended wars . that there were neere as many of all these severall sorts of jesuits residing and lurking privily in and about london , in september . ( where were then above scottish jesui●s●as were in al spain , frat. c : & italy ; who have ever since been promoting the same designes and devisions among us all these wars , as that which followes will demonstrate . dly . that the dissolving and breaking up al the parliaments in this kings reigne in discontent , proceeded from the councels , and practises of the jesuits and their popish confederats to disaffect the king against them , and prevent the calling of parliaments for the future , the principall obstacle to prevent and counter-worke all their designes , to promote popry , and subvert our religion laws , and government . thly . that the jesuits , popish priests , papists and their confederats ever since this parliament , have by pollicy & power endeavoured to dissolve , and put an end to this present parliament , as the onely basis and support of our religion and libertie , the onely bulwarke betweene and tyranny , popery and superstition , ready to over-run the three kingdomes , the dissolution whereof would not onely deprive us and our posterities of the present , but of the hopes and capacity of any future parliament : and that they have indefatigably used and left no means unattempted to dissolve this parliament : the continuance and close whereof with the king in a happy peace & settelment , would frustrate all their hopes and popish-designes ; as the lords & commons both have most fully declared in their remonstrance of m●y , . and . . in their declaration of march , . . in their propositions of feb. . . and may , . . and oft since . that to effect this they have : first standered and traduced this parliaments proceedings both to the king and people , to render them odious to both . . endeavoured to bring up the northern army to over-awe and force the houses to act according to their dictates and interests , or else for to dissolve and destroy them . . perswaded the king to impeach the lord kimbolion & the five members , & then to come personally with a strong armed guard to demand & seiz upon their persons , which was first plotted in france . . raised up a rebellion of all the papists in ireland , to destroy the protestants there , and dissolve the parlia , here , against whom they have publikely declared , and sent over forces to the king to assist him in this war , to suppresse the parliament by forse of armes . . perswaded the king & many lords & commons to desert his houses of parl. to dissolve & destroy the parliament , and then to raise war against them , in w●● the jesuits & ● papists at home and abroad have bin most active , & deepest engaged both in purse & person : they being the principle contrivers , abettors & somenters of this war , to subvert our religion , liber . &c. set up popery & tyranny . . plotted the * seizing and apprehendig of some eminent leading members by a confederacy and commission here in london , for which tomkins and others were executed , as the lords and commons in their declaration of october . . and march. . . and humble de●●●es , feb. . . with other declarations since , remonstrate . . that these jesuits and their party have * obstructed , diverted , prevented the reliefe and supply of the protestants in ireland , with men and mony , to betroy us into the powr of the irish rebel●s , and extirpate the protestants and their religion there . all these are remonstrated & cleared to al the world by near one hundred of your owne * declarations , & every mans reall experience . all w●● the army in their late proceedings have punctually persued & exceeded & therefore certainly are acted by the selse same counsels & principles contrarily , it is as evident by your own declarations : that this army & all your other forces , were purposely raised & engaged both by commission , oath , covenant , & their own sol●mn protestations & remonstrances , * to defend the kings person , in the maintenance of our religion , lawes and liberties ; to maintain the ancient * government of this kongdome , by king , lords , and commons , the right and priviledge , and members of parliament , against all force and violence to them , and the fundamentall lawes of the realme , and to exterpate ( as much as in them lay ) all popery , idolatry , error , superstition , schisme , and what ever is contrary to sound doctrine . this ingagement they really performed in the field till all the kings popish and prelaticall party in armes were utterly routed & broken in peeces , & their garrisons reduced to the parliament , till which time the prists , iesuits , & papists , joyn'd all the focre and power they could raise , with the kings forces against the houses & this army to conquer & distroy them . but their hopes & designes being wholy frustrated by the kings totall defeat , these jesuits & their engineers who transforme themselves into all shapes and leave no means unattempted to compasse their ends , then faced about from the kings party , and secretly insinuated themselves into the parliaments army , to mutiny and deboyst them against the parliament , * and engage them to put a speedy period and dessolution to it . to this end they attempt to hinder and disswade them from disbanding and going over to releive distressed ireland , according to the houses votes , and to ingage them against the houses in march , aprill and may , was twelvemoneth , till which time the army had ever shewed themselves most dutifull and obedient to the houses commands . but then to divert and hinder all reliefe of the protestaant party in ireland , then broughtlow , and ready to be swallowed up , when we had no need at all of above seaven or eight thousand standing forces in england , where there was no visible enemy , & might have spared ten thousand men for ireland , who would soon have quelled the robles & papists there . these iesuits and their popish instruments at that very instant ( which is very observable ) of porpose to preserve their party in ireland , and destroy the protestants there , not only diswaded those of the army who were ingaged and drawne off for ireland from going thither , but discouraged and inforced them to desert that service , yea hindred other forces from going over for their reliefe , perswading the army , that this dividing of them was but a plot of mr. hillis & other members to distroy them : & then by somenting this jealousie , & raising up a new order & councell of agitators of the army ( some whereof were verily suspected , if not knowne to be jesuits ) they caused the army at a generall randezvous to enter into a soleme● engagement not to disband , but to march up to london to force the the houses to alter , null , repeale divers votes and ordinances they had passed ; published divers scandalous declarations and papers against their proceedings , to disingage and draw off the city and countrey from their defence : impeached no lesse then eleven of their members at once ( when as the king impeached onely five ) demanded their present suspention from the house before any legall charge or evidence , else they would march up to the houses doores , & pul them out by violence ; as the king would have done : after which , they fall to seclude & drive away more members by a new ex officio proceeding , enforcing them now at last to accuse themselves , and draw up their owne cases ; & in aug. drive away most of the house by their open force & * high menaces . then they set up severall counsells of sate in the army : and waving their demands as soulders , formerly insisted on , fell to new modle the state ( contrary to their former ingagements ) to set up a new modle of governement , to put a speedy and limited time for the period of this parliament , & a new & more equall election of members & representatives , & beginning & ending of parliaments for the future ; receive petitions , order all matters of church & state without the parliament , who must onely ratifie and confirme their votes ! & fell to treat with , and tender proposalls of their owne to the king , without the houses privity . besids , to pick a quarrell with the city of london ( who had first raised , and were so cordiall to the army & parliament ) and make a irreconcileable breach betweene the city & houses , to destroy them both by degrees : they caused the houses on a suddain , upon a letter from the generall , in one afternoone , without having the city or giveing them the least notice of it , to recall the new ordinance for settling their militia : wherewith they being justly offended , thereupon on iuly . . the lord mayor , aldermen , & common-councel , presented a petition to both houses , to resettle their militia as before , being in a ful and free house setled withont any dissenting votes , by al their consents ; which was seconded by a petition from the apprentises ; who being over-earnest , offered some unarmed violence to the houses ; and got the ordinance of repeal nulled , and the militia resetled as formerly : hereupon , they perswaded the army to march up speedily , to london ( not onely without , but against the houses order , not to quarter within forty miles of the city ) to protect the houses from any further violence ; to bring the authors of this force to speedy and exemplary punishment , and * restpre the houses to a condition of honour , freedome and safety : and that by offering a greater force to the members , who continued sitting in the absence of those who repaired to , and ingaged with them , then that of the aps prentises : driving the eleven members formerly impeached out of the house & kingdom , expelling them , & others out of the house , forceing away most of the commons , nulling al votes , orders and ordinances , from iuly . to august . & after that marched through london in triumph , broke down all their forts and works about the city , tooke the tower out of their possession , divided the militia of westminster and southwarke from them , impeached & imprisoned sundry aldermen and others , who appeared most active for the parliament from the beginning , impeached , suspended & imprisoned seven lords at once for sundry months together ; afterwards released without any prosecution . and by this meanes raised such a breach between the city and houses , sets the members one against another , and put such a stand to their proceedings , by these disturbances in the parliaments army , as they could never effect before by all their military power & forces . now lay al these distempers & procedings together , & compare them with the armies late remonstrance , declaratiō , menaces & present march to london , to force and levy war against the houses , & their members , in case they concurred not with them , in their jesuiticall whimsies and desingnes : and we shal find them all so opposite & repugnant to the armies former obedience , professions and principles , so sutable to the jesuites practises in every particular ; al tending onely to force and dissolve this present parliament , to null and invalid its proceedings , and weaken al its interest , both in the city and country : and then every rationall man must needs acknowledge , they all originally spurng from jesuitical suggestions and counsels ? and that ignatius loyala then and now rode in an open and triumphall chariot in the van of these , and all their late actions of this nature . adde to this , that the monstrous opinions broached publiquely and privately in the army , and their quarters , against the divinity of the scriptures , the trinity , the d●ity of our saviour ; that antichrist is only within us : that conscience ought to be free , and all religions tolerated : that every man is a minister , and may lawfully preach without ordination : that the civill majestrate hath no legislative nor coercive power in matters of religion ; that titles are antichristian , and the like , seconded with publique affronts to our ministers , climing up into their pulpits interruping them publiquely in their sermons , and making our churches common stables in some places , and receptacles of their excrements , their open revilings at the proceedings of parliam , and their members , and all to render our religion and the professors of it odious to the people , to make them readier and better inclined nnto popery , disgrace and undoe our ministers , and render them and their preaching in effectuall : subvert the power of our magistracy , make the houses odious to all , and put all things into a present confusion ; i am confident all these were nothing else but the projects and practises of jesuits and their agents , who crept into the army to feduce and distemper them , being so diametrically contrary to the generalls , officers and soldiers former practises , principles , professions , and that piety they have professed . but that which further demonstrates it is this ; that after the generall & officers of the army had confessed their error * in medling with * state affaires , & settling & reforming the common-wealth , in the * general councell at putney [ where they voted & acted more like a parliam . then a councell of war ) & promised to proceed no futher in it , but acquiesce with the houses determinations : these jesuits , by the help of their instrumēts the agitators , to carry on their design of putting a speedy period to the present & all future parliaments , draw up a moddle of a new representive , which they intituled the agreement of the people , subscribed by divers regiments of the army ( of horse and of foot ) and then caused it to be presented to the house of commons in november . the matter end , and time of it conpared together , and the houses votes upon it , are very considerable ; and discover a jesuit in the front and reare of it : we all know , that the jesuits and their popish confederats , ever since queen elizabeths reign , when so many strict laws were made against , have had an aking tooth against parliaments , their first and most disperate attempt was in the third year of king iames , to blow up the k. and both houses of parliament with gunpowder , the orginall plotters of this horrid treason , were the pope and jesuits : as is clear by , del roi. his book , & other printed papers almost a year before : the chiefe actors in it , were discontented gentlemen and souldiers , catesby , percy , winter . faux , and others , as our stories * relate , fit instruments to blow up parliaments : the day when this was to be executed , was the fift of november : but this treason , being through gods great mercy discovered on that day , the king and parliament adjudged these iesuits , and popish traytors to be executed , and that day by act of parliament to be perpetually observed for a thanksgiving day of this happy deliverance from that treason . the jesuites who have broken off all former parliaments in this kings reigne till this , and would eternally dissolve this , and all succeeding parliaments , by way of revenge for their ill successes then , have these two last yeares together , in this very moneth of november , conspired to blow up or pull down this and all other parliaments ; so as the very circumstance of the moneth and time , discovers in my apprehension , the jesuites to be chiefe actors in this tragedy . the first attempt of this kind was on the fift of november , . the very day of the powder plot , but by the houses occasions put off till the th . then the agreement of the people was ushered into the house of commons , with a petition by the agitators : when this agreement of the people and petition was presented , gifford a staffordshire gent. and a jesuite ( a yeare before sent from beyond the seas , who at first seigned himselfe a convert to our religion ) was present in the lobby with the agitators , and promoted it all he could , expressing his approbation of it , being gotten into the generalls owne life guard , and the next man to him , when he came to bring the speaker unto the house of commons , august , . . he was afterward very active to perswade the staffordshire supernumerarie forces not to disband , and prevailed so much with them , that there were severall orders from the house & general ere they wovld obay : therefore its propable he and they perswaded the army at first not to disband , or to goe for ireland after which he was taken this summer at a meeting in ramme-alley to raise a new warre , and being carried prisoner to the committee of safety , made an escape from thence , by bribing his keepers , as is conceived , having offered fifty peeces to a captaine to suffer him to escape . this petition and agreement of the people , thus presented by the agitators , and this jesuite , upou reading and debate thereof this house passed these votes against it . die martis . novemb. . a paper directed , to the supream authority of the nation , the commons in parliament assembeld , and stiled , the just and earnest petition of those whose names are subscribed , in behalfe of themselves , and all the free born people of england , together with a printed paper annexed , intituled , all agreement of the people for future and present peace , upon grounds of common right , avowed . resolved &c. that the matters contained in these papers are destructive to the being of parliaments , and to the fundamentall government of the kingdom . resolved , &c. that a letter should be sent to the generall , and those papers inclosed , together with the vote of this house upon them , and that he be desired to examine the proceeding of this businesse in the army , and returne an account hereof to this house . by which votes is apparant , that the house then deemed this agreement of the people , a second gunpouder treason , destructive to the being of parliaments : that some iesuites , or ill affected persons in the army , had put these agitators upon it , and therfore desired the generall to examine and give them an account of it . the generall and councell of warre in pursuance of this vote , condemned one of the agitators who fomented it , and shot him to death at ware : wherewith they acquainted the house , and by this meanes this iesuites brat and engin to blow up this and future parliaments , was no further prosecuted in the army , but some of their confederates in the city , on the . of the same november , most audatiously sent it into the house , to the speaker , inclosed in a letter with a petition : wherupō the house unanimously passed these votes concerning this agreement , for the committing and prosecuting those who presented it , & giving the generall thankes , for the execution done at ware , & desiring him to prosecute the businesse further , to the bottome , where they thought they should find a litter of iesuites , and a garnet , a catesby and faux , together in the vault . die martis , . novemberis . a petition directed , to the supreame authority of england . the commons in parliament assembled , and intituled , the numble petition of many free borne people of england , sent in a letter , directed to mr. speaker , and opened by a commitee thereunto appointed , was read the first and second time . resolved vpon the question that this petition is a seditious and contemptuous avowing , and prosecution of a former petition and paper annexed , stiled an agreement of the people , formerly adjudged by the house to be distructive to the being of parliaments , and fundamentall government of the kingdoms . resolved , &c. that thomas prince cheesemonger , and samuel chidly , be forthwith commtted prisoners to the prison of the gate-house , there to remaine prisoners during the pleasure of this house , for a seditious and contemptuous avowing and prosecution of a former petition , and paper annexed , stiled an agreement of the people formerly adjudged by this house , to be distructive to the being of parliaments and fundamentall government of the kingdome . resolved , &c. that jeremy ives , thomas taylor , ani william larner , be forthwith committed to the prison at newgate , there to remaine prisoners during the pleasure of this house , for a seditious and contemptuous avowing , and prosecution of a former petition and paper annexed , stiled , an agreement of the people , formerly adjudged by this house to be destructive to the being of parliaments , and fundamentall government of the kingdome . resolved &c. that a letter be prepared and sent to the generall , taking notice of his proceedings in the execution according to the rules of war [ of a mutinous person ] at their randezvouze neare ware , and to give him thanks for it , and to desire him to prosecute the examination of that businesse to the bottome , and to bring such guilty persons as he shall think fit , to condigne and exemplary punishment . resolved &c. that the vots upon the former petition and agreement annexed , and likewise the vots and proceedings upon this petition , be forthwith printed and published . yea , the houses were so sensible of the treasonablenes and danger of this agreement , that in an ordinance of the . of decem. . for electing of common councell men , and other officers in london , they expresly ordained , that person who hath contrived , abetted , perswaded , or entred into that engagement intituled , the agreement of the people declared to be destructive to the being of parliaments , and fundamentall government of the kingdom be elected , chosen , or put into the office or place of the lord mayor of the city of london , sheriffe or alderman , deputie of a ward , or common councell man of the said city , nor shall have any voice in the electing of any such officers for the spase af one whole year , and be made uncapable of any of the said places . vpon this treable sentence of condemnation that passed against this agreement of the people by these votes & ordinances , this stratagem of the iesuits to blow up this and future parliaments , by putting a certanperiod to this parlaments dissolution on the last of sept. . and setling a more equal representative for the future , with a fixed time for its beginning and ending , and of a new parliament of commons alone without king or lord● [ the substance of this whol agreement ] was for that year trustrated , and totally laid aside till the beginning of novem. last . at which time the iesuits and the agitators , to hinder irelands reliefe , and our settlement , prosecuted it againe a fresh in the army , & the better to disguise & carry it on more closely , they inserted it verbatim into their remonstrance to break off the treaty with the king , & prevailed so far with the general and his generall councell of officers [ who formerly condemned it , and shot one to death for abetting it but in novemb. before ] as unanimously to approve it , at st albans the sixtenth of november . and sent it to this house the twentieth of that moneth to break of the treaty presently , and to be forthwith considered and confirmed , and which is most observable ; ushered it in with this iesuiticall preface , and these disloyall popish demands . * that the capitall and grand author of our troubles , the person of the king by whse commission , commands or procurement and in whose behalfe , and for whose interest onely [ of will and power ] all our warres and troubles have been , with all the miseries attending them , may be speedily brought to iustice , for the treason , blood and mischiefe he is therein guilty of . that a timely and peremptory day may beset for the prince of wales , and duke of york to come in , and render themselves , or else immediatly made uncapable of any government , or trust in this kingdome , or the dominions thereof , or of any right within the same , and thenceforth to stand exiled for ever , as enemies and traytors , and to dye without mercy , if ever hereafter found therein , or if they render themselves , then to be proceeded against for their capitall deli●quency , in justice , or remitted upon satisfaction given . but however the land and revenue of the crowne to be presently sequestred &c. then followes this agreement of the people , for setting some reasonable and certain period to this parliament , to be assigned as short , as may be , with safety to the kingdome and publike interest thereof , and for feeling the new representative &c. and because it was twice voted down in november . by the house , it is twice repeated and insisted on in this long-winded iemonstrance page , , . and page , , , . ( so much are they in love with the iesuits dalila ) that so it might now be twice confirmed and setled by the house , in approving this remonstrance . now compare this third gunpowder plot with the two former in november last , to blow up king , prince , duke , lords , commons , this present and all future parliaments at one attempt , to destroy the king , and parliament disinherit his royall posterity , unpeer all the lords & levell them with the dust , to root up them & all parliaments root and branch at once , against all our oathes , our covenats , our remonstrances , our declarations , our lawos , our protestant religion , all here devoted to ruine together , as the onely safe and speedy way to settell peace and safety in church and state [ to omit the horrid equivocations , dispensations with oathes & covenants , and ieuiticall distinctions , in that remonstrance , they are such clear visible characters of a jesuites pensill , hand and head in this remonstrance , so abounding with their bloody disloyall tenents & parctises of killing and deposing christian kings who wil not do homage to their roman pontif : & blowing up protestant stats , kingdoms , parliaments ] so abhorent to al * protestant principals , professions practises , who never yet embrued their hands in , nor stained their religiō with the blood of any king or actual deposition of any protestant or popish pr. who was their lawful king , or disinheriting of his lawful heirs , or puling downe a protestant reforming parliament , that none but jesuits and jesuited papists could possibly invent , or spur on the generall , officers and army so violently and madly to prosecute them , as they do by a subsequent high declaration discovering a very jesuitical spirit in the pen-man , distinguishing the memb. of the house dissenting from them in these treasonable practises into a treasonable brach of trust , & usurping to themselves a power ro judge , censure , and exclude them , and make those members who shall confedrate with them herein , though never so few , materially a parliment , though formerly and essentially no parliament at all , and mooving them to depart the house and joyn with them in these jesuiticall designes . which they have since agravated and backed by their disobedyent march to westminster and london against our commands , by force and open violence to over-awe us , & by our votes in parliament to put all their treasonable romish demands in present execution , to justifie these very traiterous doctrines and practises of theirs , which our parliaments have in direct terms in * sundry acts condemned , and every one of us solemnly abjured in the oath of allegiance , w ch he must take immediatly before his sitting in the house , & without taking wherof he neither is nor can be enabled to sit as a member . i shall further offer this to your consideration , that as soon as ever this agreement of the people was suppressed in novem. . and the king perswaded to reject the propositions tendred him by both houses , by some officers in the army , of purpose to treat on their proposals : the agitators & jesuits in the army , opposed these proposals and threating to offer some violence to the kings person , caused him secretly to withdraw himself from hampton court , into the isle of wight , where they shut him up close prisoner , without the houses privity : which done , they caused their confederates ( when most of the members were sent into the country to disband the supernume●aries ) to passe a vote in the commons house , to make no more addresses to the king , not to set him aside , ( as they then professed to many dissenting members ) but only to induce the k. to seck first to them ; without , which protestation , they had never caried this vote ; which passed , & most of the membrs departing , the . ensuing votes were set on foot , & passed at an unseasonable hour , & gotten by surprize . the very next morning there came a declaration from sir thomas fairfax , and the gen : councell of the army , ian. . . signifying their resolutions , to adhere to the houses , for settling and securing the parliament and kingdom , without the king and against him , or any other that shall hereafter pertake with him . but the lgrds sticking at these votes , there was a regement or two of foot sent from the army to garrison white hall ; and a regiment of horse bilited in the mues , to fright and force the lords to a concurrence . and some few dayes after , a book written by dolman , ( alyas parsons the jesuite ) against king iames his title to the crown ; and concerning the lawfulnesse of subjects & parliaments deposing & chastising of their kings for their misgouernment , & the good & prosperous secceesse that god commonly hath given to the same [ printed out of dolmans own printed copy verbatim , except the word parliament added to it now and then , was published to the world , with this title : severall speeches delivered at a conference , concerning the power of parliaments , to procéed against their king for misgovernment : which book with this false new title published at this season , intemated to the world , that this discourse of a lesuite ( for which he was condemned of high treason ) was nothing else , but speeches mad by some members of the commons house , at a conference with the lords , the highest dishonour & affront ever put upon a protestant parliament , to have the book and doctrine of a lesuit thus falsly fathered on them : of which , though i may self and others complained , there was nothing done to vindicate the houses from this grosse imputation : and about the same time , there was another book intituled , royal tyranny discovered : discovering the tiranny of the kings , of england from william the invader and robber & tyrant , alias the conqueror , to this present king charles ; who is plainly proved , to be worse and more tyrannicall then any of his predecessors , and deserves a more severe punishment from the hands of this present parliament , then either of the dethroned kings , ed. or rich. . had from former parliaments which they are bound by duty and oath , without equivocation or collution , to inflict upon him , he being the greatest delinquent in the three kingdoms , and the head of the rest ; so the title . in the table , there are these passages amongst others , charles steward guilty of this treason . p. , , , , . c. r ( charls rex ) ought to be executed , p. . where the houses are not only pressed to depose and execute him but his execution [ in their neglect ] foretold , & that in an exemplary manner , in dispite of all his protectors and defendors . which iesuitical books and counsels published at that instant , discovered clearly to my apprehension , their votes for laying the king then aside , & the deposing & executing of him to be then intended , [ only interrupted by the scots invasion & the last summers commotion , occasioned by those votes of non addresses ] and the forceing on of them then & now by the army , with the violence they use , to be no other but a very plot and project of the iesuits to ruine and distroy the king and us . i shall only add to this , what i manifested but now , that it was the iesuits plot when they engaged and assisted the king in his warre against the scots , to dash the protestants in both nations in peeces one against another , & so be masters of both kingdoms , & extirpate our religion in both ; and that if the king consented not to grant them a generall free exercise of their religion throughout all his realms & dominions , or did but sticke at it , that then they would presently poyson & dispatch him , possesse themselves of the prince , next heire to the crowne , & then by flattery or menaces draw him to their religion , match him to a papist , and then all three kingdomes would soon turn papists , and all protestants be murthered , or burnt for heretiques . now these papists and iesuits understanding , that the king [ beyond & contrary to their expectatiō ] bath granted all or most of our propositions in the isle of wight , and fully condescended to five new bills , for the extirpation of masse , popery , and popish innovations out of his dominions , and putting all lawes in execution against them , and for a speedier discovery and conviction of them then formerly , and that their good friends and confederats our arch-bishops , bishops , deans and chapters , and other branches of the hierarchy , are tobe wholly routted out , both in england and ireland , so as they are never likely to have any more footing in them againe , after all their late warres , charges , hazards , plots and designes , to set up their catholique religion & party are so inraged with the king , & so inexorably incensed against him both at home & abroad [ as i am credibly informed ] that now they are mad against him , & thirst for nothing but his blood ; which they think they cannot advantagiously & effectually accomplish , but by engaging the army to dessolve the treaty , & force the parliament , in case they vote his answers satisfactory : and then by themselvs , are a confederate party in the house , to depose & cut off his head . which done , the prince being now beyond seas in their power , destitute of his hopes of succession to this crown , banished , and declared a traitor and to dye without mercy if he returne hither , & to lose his head as well as his father , upon such high affronts put upon his father & himself , & that by a protestant parliament , & army of saints , will be so inraged against all professors of our religion that he will probably professe himself a roman catholique ( and his brother too ) match with a catholique princes , & then ingage all the papists in forraign parts , england , scotland and ireland , to unite their forces , purses & councels by way of revenge , to cut all the protestants throats in all three kingdomes , who have adhered to the parliament , and hew the army it selfe in peeces , when they have thus accomplished their designes : which will render them and the parliament execrable and infamous to all posterity , and then farewell all parliaments , and our protestant religion for ever , not onely here , but throughout all christendome , where the popish princes will presently massacre the protestants , lest they should fill to the like perfidious practises . this i am most confident is their designe , by what i have met with in their papers , and in the jesuit con●zens politiques and others , who have chalked out a way by degrees insensibly to crue popery into any protestant church : by those very steps which our prelates followed , who were directed by them , and to alter and subvert any protestant state and kingdom , by this new modelling of them into such a popular anarchy , as is now suggested and presented in the armies remonstrance . this i am assured will be the unavoydable , desperate and deplorable issue , if we comply with them and the army in it , unlesse god in his infinite mercy shal hold off their hands , and turn their hearts , from prosecuting their present designes . i shall onely adde one thing more , and so conclude . that many of the agitators and armies papers , [ especially putney projects , and some late declarations ] savour of a iesuites stile or spirit . that i have been credibly informed , that not onely gifford a jesuite , was one of the generals own life-gard , and a very active man in the army , but one thomas budds , alias peto ( the last popish priest , condemned at newgate ) was a trooper in this army , and by influence of some great officers in it , obtained a reprieve instead of an execution : that the papists beyond seas wish very well to the army , iu whom now is their chiefest hopes ; and that the iesuits cels and colleges in forraign parts , are of late very empty ; that many popish priests and iesuits are now in england , not saying masse , crying up the pope and popish tenents as heretofore [ that were to grosse , and they easily discovered : ] but using all manner of mechanick trades , preaching in private corners , as sectaries , anabaptists , seekers , broachers of new light , or as gifted brethren , that many of them are turned troopers , agitators , if not some of them officers in the army , or at leastwise have so insinuated themselves into the leading officers there , [ who are much taken with their parts , their new designs & tenents to alter & unsettle states ] that they have as powerfull an influence now upon the armies cou●cels & officers , as formerly they had upon the king and his councels , and have now thus deeply ingaged them ( beyond all expectation ) to accomplish these iesuiticall designes of theirs , to depose and destry the king● dissolve this parliament , subvert our magistracy , ministry , religion , lawes , liberties , government , and establish their vtopian new modale of confusion , in lieu of parliaments and regall power , thereby to accomplish that now , which all their popish conspiracies , armies and confederates from the beginning of queen elizabeths reign , could never yet effect by all their treachery , policy , power : and how farre they have proceeded and engaged the army and officers unwillingly in it , out of honest intentions , we all now sadly behold to our great amazement , even in this instant of time when ireland is in such eminent danger of being utterly lost , to ●eep off all supplies from thence . i beseech you mr. speaker , let us all lay this speedily to our hearts , and goe about to prevent it , ere it be too late . if we vote the kings answer now unsatisfactory , and so breake off the treaty with him , our onely means of peace and settlement ; we have all our hopes and all these large concessions which the king hath granted both for our present and future security ; our monarchy , magistracy , ministry , parliaments , laws , liberties , kingdoms , and that which is dearest to us , our religion also endangered , yea lost at once , and such a certain foundation laid to carry on all these iesuiticall designes i have here discovered , and that by authority of this house , as will staine the honor of this most glorious and renowned parliam . to all posterity , and put a dishonorable speedy period to this and all future parliam . for ever . but if we vote it so far satisfactory , as i have stated it ( and humbly conceive proved it substantially to every rationall mans understanding & conscience ) as that we may lay present hold upon it , and proceed therein without delay , to turn all the kings concessiōs into bils ( which i have for the most part already drawn ) and get the kings royall assent unto them , i doubt not but by gods blessing on our endeavours , we may before this month be ended , settle such a firme and well grounded peace between the king & all his people and kingdom ; upon such honorable , safe , and advantagious terms for the publick interest , & such strong securities , as no state , or kingdome ever yet enjoyed the like since the creation . and therefore mr. speaker , upon this long and tedious debate ( for which i must humbly begge pardon of the house , being a businesse of such infinite concernment to our present weale or ruine ) i must and doe conclude , that the kings answers to the propositions of both houses , are so farre satisfactory , at the least , as that this house may upon safe and firme grounds , and great advantages , forthwith accept of , and immediately proceed upon them , to the speedy settlement of the peace of the kingdome ; and are bound both in honour , prudence , justice , and conscience so to doe , to preserve themselves , our three kingdomes and the army too , from perpetuall bloody wars , and inevitable impendent desolation and confusion . finis . an appendix . for the kingdoms better satisfaction of some occurrences since this speech . this speech , uttered with much pathetique seriousnesse , and heard with great attention , gave such a generall satisfaction to the house that many members , formerly of a contrary opinion , professed , they were both convinced and converted ; others who were dubious in the point of satisfaction , that they were now fully confirmed , most of different opinion put to a stand : and the majority of the house , declared both by their cheerfull countenances and speeches [ the speaker going into the withdrawing room to refresh himself , so soon as the speech was ended ) that they were abundantly satisfied by what had been thus spoken . after which the speaker resuming the chair , this speech was seconded by many able gentlemen , and the debate continuing saturday , and all munday and munday night till about nine of the clock on tuesday morning ; and members staying quite out to the end , though the house doores were not shut up ( a thing never seen or known before in parliament ) the question was at last put , and notwithstanding the generals and whole armies march to westminster , and menaces against the members , in case they voted for the treaty , and did not utterly eject it as unsatisfactory , carryed in the affirmative by voyces ( with the four tellers ) against that the question should be put , and then without any division of the house it was , resolved on the question , that the answers of the king to the propositions of both houses , are a ground for the house to proceed upon for the settlement of the peace of the kingdom . and to give the general officers and soldiers satisfaction , and keep a fair correspondency between the house and them , they so far condescended , as likewise further to vote at the same time that mr. peirpoint , sir john evelyn of wilts , mr. solicitor , col. birch , m. ashurst , sir thomas witherington , and mr. maynard , are appointed to repair to the head-quarters this afternoon , to confer with the lord general and his officers , to keep a right understanding and a good correspondency between the house and the general and the army . which done , the house who sat up all the day and night before , adjourned until wensday morning ; at which time the general and officers of the army highly displeased with the vote and those members who assented to it , sent two or three whole regiments of foot and horse to westminster ; set a strong guard at the houses doors , in the lobby , stairs , and at every passage leading towards the house , admitting none but parliament men themselves to enter into westminster-hall , or the back stairs leading to the court of requests , and excluding their servants who attended them ; col. pride , col. hewson , and sir hardress waller seized upon divers members of the commons house , some at the house doors , other in the lobby , others on the stairs near the house , without any warrant , or reason alleadged , but their sword and power , as they were going to sit and discharge their duties . among others , col. pride , seized upon mr. prynne going up the stairs next the house , and told him , mr. prynne , you must not go into the house , but must go along with me ; m. prynne returned this answer , that he was a member of the house and was going into it to discharge his duty , from which no man should or ought to hinder him , whether he would go , and he should not keep him back , and thereupon thrust up a step or two more . whereupon pride thrusting him down before , and sir hardress waller , and others laying hands on , and pulling him down forcibly behind to the court of requests great door , mr. prynne thereupon demanded by what authority and commission , and for what cause they did thus violently seize on , and pull him from the house ? to which pride and waller shewing him their armed souldiers standing round about him with swords , muskets , and matches lighted , told him that there was their commission : to which mr. pryme answered , that they were no legal commission , nor cause for them to seize upon him being a member , and openly protested , that it was an high breach of the priviledges of parliament and affront to the house , and desired the standers by to bear witnesse of this violence and his protestation against it , and that they being more and stronger then he , and all armd and he unarmed , they might forcibly carry him whether they pleased , but stirre he would not thence of his own accord , whereupon they forcibly pushed him into the queens court , where some other members a little before seized , were kept prisoners by them . the house bein informed by mr. dodridge , a member who came along with mr. prynne , of this violence upon him and high breach of priviledge in seizing him and other members , sent the serjeant of the house , to demand them of the captain that guarded them , and to command their present attendance in the house : which message though delivered by him , and the prisoners thereupon requiring obedience , that they might accordingly attend the house : was yet slighted and disobeyed , whereupon the house ordered the serjeant the second time to go with his mace and demand the members , and bring them unto the house forthwith ; the house refusing to do any businesse till their members were restored , but pride and his confederates stayed the serj●ent in the lobby , and would not suffer him to go to the members ; whereupon he returning into the house , acquainted them with the contempt , which was entred into the journall . thereupon the house concluded , not to proceed till their members were restored , and sent a committee to the general to demand them , mr. edward stephens and colonell birch being in the house were sent for to the doore by some of the officers by false tickets , and pulled out from the house doores by violence , col. birch putting his head within the doore , and crying out to the speaker , whether they would suffer their members to be pulled out thus violently before their faces , and yet sit still ? when night approached st. peters ( who now keeps the prison door keyes of hell and purgatory ) released two of the imprisoned members ( sir benjamin ruddiard , and mr. nath. fiennes ) by the same power of the sword ( as he said ) that had taken and held them captive : belike they were all prisoners of war , and so their marching up to westminster was a leavying open warre against the parliament , and so treason by their own declarations and remonstrance , in as high or higher degree , as that for which they demand the king to be brought to speedy justice and execution . soon after , he and some other other officers , promised the imprisoned members , that they should be removed to wallingford house , where the generall and lieutenant generall would come and conferre with them , and they should have all sitting accommodations , there provided for them ; and that coaches were provided to carry them thither ; whereupon they all took coach to go thither : but coming to hell back gate , the coaches were all there stayed , and the members thrust all prisoners into hell , where they were kept all that cold night , without either bedding or other needful accommodations , though some of them aged & infirm , & there enforced to lye upon the bare flower and benches instead of beds , few of them taking any rest at all that night . the next morning a little before dinner , they were all carried fasting to white hall , by the generalls order garded with foot and horse , before and behind , and on every side , like so many traytors to attend the general , and his councell , who desired presently to speak with them , as the marshall informed them under whose custody they were put . but when they came there , they waited on their more then royall new excellencies till six a clock at night , without eating or drinking : and then received this cold message , without being admitted to the generalls or councells presence . that the generall and officers were now so busie in consultation about other important affaires , that they could not speak with them that night , but had given order for their accommodation at the kings head , and swan in the strand , whither they should be carried that night , and the next morning some officers would wait on them with propositions : which done they were guarded every man with his musqueteer at his back , and others by his side , and horse and foot before and behind their persons , like so many rogues or felons , and so sent on foot through the dirty street , except six who were lame , who got a coach ) to these two inns ; and there kept prisoners severall daies till some were after by degrees without any condition , or cause assigned of their commitment , and others not released , removed elswhere . the next day after those members were thus violently seised , mr. gewen was seised at the house , and mr. vahghan at his lodging , and sent prisoners to the other members : sir william litten was likewise seized that day , and kept prisoner in white hall : but after released by sir william constables order : that day and five or six dayes following , above one hundred and sixty members more , whose names were listed by the officers and souldiers that stood at the house doors , who kept back every one that was so listed , were forcibly secluded and driven away from the house , which could hardly get above . or . ( most confederates with the army to carry on their designes ) and vote their counsells imperiall dictates , as the houses votes & not above . or . lords at most attended and made up that honorable house : all of them still sitting under the armies armed violence & over-awing terror . these . or . only whiles under this horrid force , during the restraint and forcible seclusion of above members by the army , ( and so all their votes , orders , & proceedings meerely null and void , by their own ordinance of august . . which declared , all votes , ordinances and proceedings during the members absence in the army , though not above . at most to be nul & void , from iuly . to august six , though the houses were then almost treble the number they are now , and no one member secluded or actually forced away from either house ) have assumed to themselves the name & power of the house , and presumed to repeal all votes concerning the treaty as dishonorable and destructive : & among others the vote made upon this solemne and long debate when there were members present at the question , and above at the debate when fullest through age & infirmity could not hold out all night til the question put , & some members contrary to the course of all former parliam . after these votes passed , have presumed to draw up & enter particular protestations against it : for which other members in former times have bin suspended the house , & sent prisoners to the tower . the list of those who have entred their dissents & protests against it , follow : because the secluded members & those who concurred in that vote , being above three times their number , expect they will give the kingdom and world some solid and satisfactory reasons of this their dissent , against which there is so great reason in the premisses , dissents without reasons to back them , being no wayes satisfactory to any man. december . col. bosvill , lord gray , peregrine pelham , col. jones , col. temple , col. ven , sir tho. malivory , sir john bouchier , col. peter temple , humphry edwards , ( whose elect . is void , mr. tho. challoner . sir gregory norton , michael oldesworth augustin garland , sir iohn danvers . mr. dove . mr. hen. smith . mr. fry , ( whose election , is long since voted void ) mr. serle , nicholas love , iohn lisle . col. rigby , cornelius holland col. ludlow gregory clement col. puretoy col. stapely mr. dunch mr. cawley col. downes john carey john blackstone thomas scot december col. hutchinson sir henry mildmay sir jam. harrington decemb. col. edward harvey alderman pennington alderman atkin dan. blagrave ( voted out of the house . colonel moor gilbert millington in a letter from paris , writ by an independent agent there , to an independent member of the house of commons , a great friend of the armies , dated paris nov. . , there is this passage : i am fallen into the acquaintance of three or four catholicks of great ingenuity , and in their way , of much religion : undoubtedly , it is an errour to look at all papists through the same prospective ; for they are more to be differenced then english protestants can be . i finde their opinion of , and dependance upon the pope , little or nothing what we imagined it to be , and better principled to make members of a free common-wealth , then the most english. their opposition to the king is not to be reconciled . their hopes now are upon the army , to whom they wish all prosperity as to the setling of a representative , being extremely distasted with regal hereditary power through the world . this letter compared with the close of the fore going speech , the armies late force upon both houses and their members to dissolve them , their imprisoning and removing the king to bring him to tryall , their voting at their generall councel of war at white-hall the of december last [ carryed by two voyces ] that all papists should have free liberty and toleration of conscience , and all sequestrations and forfeitures as papists only , taken off . their earnest prosecution of the new jesuiticall representative , to divide the whole kingdom into bloudy feuds and factions to destroy one another , and make way for the common forraign popish enemies , to invade and conquer us in our present low condition , without any opposition , and lose ireland past all recovery ; their casting of the eminent imprisoned members into hell it self in highest contempt and scorn ; their setting up a new parliament of state , and a convocation too at white-hall , as the supreme councel , to vote , settle and determine all affairs of church and state , and new mould the whole government of this kingdom ; with the petition of robert de luke to the general within these few dayes , for him and his fellow-messengers , authorized by the state to apprehend priests and jesuits , for his warrant to apprehend the jesuits and priests in his army and quarters without any officers disturbance , where they have discovered many of them since their march to london ; their present complyance with sir iohn winter the archest jesuited papist ( a person excepted in the propositions ) and using him and sir toby matthews that pragmaticall jesuite , to draw owen roh oneal , and the bloody popish rebels in ireland , to joyn with them against monarchy and the princes title ; with their late extraordinary favours to priests and papists , of which they boast ; the repealing of the oaths of supremacy and allegeance ( made principally against the pope , papists , and their jesuiticall usurpations , innovations and antimonarchicall practices of excommunicating , deposing , dis-inheriting and murthering our protestant princes ; and their manifold treasons , conspiracies and attempts upon their persons , crowns and kingdoms . ) their late illegal and treasonable murthering and beheading of the king , and the late petition of the army that all imprisoned for their conscience , or religion , may be released , extending unto popish priests and jesuits , and purposely intended for their benefit , there being none else but such restrained , and but few of them : and their present actings are a cleer evidence to every rational mans conscience , that all the armies present councels , designes , force , and proceedings against the king , prince , parliament , members and their new pretended representative , are but the jesuits and roman catholicks brats impostures and undermining projects , to accomplish their own ends ; and that they have already got the greatest sway in all their consultations and proceedings , of purpose to work our speedy ruine , if the officers and army will neither timely discern nor repent of it , and be no longer spurred on and ridden with a full career by these jesuiticall furies , who fear a discovery ere they have completed their work , and therefore make such post haste to accomplish it by the armies present distempers , uncapable yet of better councel , or timely informations , to recall them from their own approaching speedy ruine , their ears being so deafned , and their brains so intoxicated with their jesuiticall enchantments , which all the kingdom and world will now clearly discover , and i hope the officers and army will do so too by this discovery of them , and thereupon repent of all their violence and late proceedings , at which the papists at rome and in forraign parts do much rejoyce and triumph . i shall close up all with these words of both houses of parliament in their ordinance of the of april , * that nothing but ruine and desolation can be expected , unlesse god in mercy prevent it , and incline his majesties heart to the faithfull advice of his great councel of parliament ( as now he hath done in this treaty ) which hath ever been , and is [ under god ] the chief support of his royall dignity , and the security of all we have , or can enjoy . finis . notes, typically marginal, from the original text notes for div a -e a iohn goodwin right and might well met : the moderate : a word to m. william prynne , ( a libellous empty new-nothing . ) b the humble answer of the generall councell of officers of the army , &c. ian. . . h rev. . . i a collection , &c. pag. , , , ● , , , , , , , , appendix , p. . . exact collection , p. . to . k exact collection , p. , , &c. a collection , p. . l exact collection , p. . to . , to , , to , &c , m a collection , p. , &c. n the generalls letters from bedford , iuly , , . and his and the armies remon●●rance . august , . ●c . o see exact c●llect ●ons : and a coll●●c●cti●on of al orders , &c. passim , and the at 〈◊〉 , p the humble answer , &c. ian. , . p. . q the humole answer , p. . r per. . . iude. . s luke . t psal. . . u i per : . . rev. . . x heba . . y the humble answer , p. . z sam. , . . . . a sam. . . . &c. c. . to . b chron. . . c matth , . . c. . . d rom. . . tim. . . tit. . . tit. . , , . gen. . , . psal. . . psal. . . isay . . rom. . , , . tim. . , . e thes. . . cor. . . rom. . . f mat. . , . cor. . . rom . . cor. . . cor. . . . pet. . . c. . . * an humble answer p. . &c. o . sam. . . deur . . . kings . . p psal. . . . ier. . . q heb. . . r psal. . . ier. . . . pet. . . s thes. . . cor. . . t rom. . . . tim. . u rom. . . cor. . . . per. . . . thes. . . x i say . , . heb. . . y gal. . . eph. . . z rom● . . eph. . . u lev. . . numb . . . kings . . . psal. . . psal. . . i say . . ier. . . b luk. . , . per. . . thes. , . thes. . . heb. . . e tertul . apologia . e matth. . &c. f joan mariana : de rege et regum instit. l. . c. . . . . bellarmin . de pontif . rom. . . . . . ludovicus richehom apol. pro societate iesu. franciscus de verona . apol. pro ioanne castel . aphorismi doctrinae iesuitarum . * the tit. page , . * exa●● collect. p. , to . * rastal armor . . * exact . collect. p. to g . &c. * a colcon-lect . p. : * condemned by the houses in the king. exact collect . p. ● . ● . * a collection p. . * exact collect. p. . to . ; . . . * knols twkish history , p. . . * rom , ● . ● . k levi●● , ● tim. . . t●● . . object * right & might , p. . . answ. * sa●●● . . * pet. . . * ps. ● . . . * all pet●oners for peace are now disabled to be , or elect officers , by some late votes since out seclusion . mat. . . * these chains are only metaphorical , the chains of gods law and word , ( nor reall ) ps. . . is. . . rom. . , . notes for div a -e * si judicas , cognosc● . scneca . notes for div a -e the● first prejudicet the answer there● unto . * learned giber●●s voc●ius in his letter to mr walter strickland , agent fos the parliament at the hague feb. . writes thus of my soveraign power of parliaments &c. accept nuperrime commodato adhoras aliquot librum guil , prynne jam diu mi●i desideratum , & rationes cum respensionibus tam solide & ●ru . dite pro parliamentto 〈◊〉 adversarios instructas atque explicatas deprehendi , ut non videam quid ultra desiderari possit . debebat tractaus ille latine & gallice extare , ut a reformatis theologi 〈◊〉 politicis in europa legi possit . the second prejudice . the answer to it . the question . the question truly stated . the question truly stated . the first proposition fully granted ; and the benefits ac●●ing to us ther●● by . the militia fully consented to , and the kingdoms advantage and security thereby . * an exact collection , p. , , ● , . &c. a collection of all the publik ordinances , &c pa. , , , , , , . * see matthew paris , matthew westminster , hollinshead , speed , daniel in his life . the king hath granted the houses for years the disposing of all great offices , civill , judiciall , and military for twenty years both in england and ireland . the security and consequences thereof . the king hath confirmed the new oreat seal , & all that hath passed under it , nulled the old , aud what ever passed under its authority since its carrying from the houses . the repeale of new peers and other honours granted by the king , with the consequence thereof . * sec cook ! n●stitures on mag. cha. cap. . the proposition for raising moneys for payment of publike debts , artears , &c. granted ; with its benefits the court of wards aud tenures in capite &c. abolished : with the advantages . the proposition concerning delinquents how sarre granted even to satisfaction . * exact collection p. . . . . . object . answ. * . instir. ● . . p. . . * sec chron. . . . . * see rastalls abridgment , tit. treason . that propositions concerning london fully granted , and the consequences of it . * exact collection p. . a collection● &c. p. . . . * an exact collection p. . the satisfactoriness of the kings answers to the propositions concerning the church & religion . propositions and concessions against papist , popery and popish innovations . propositions and concessions against prophanenesse . * see the book of ordination of ministers , & bishops , &c. . & . ph. & mar. c. . * this i have fully proved in my vnbishoping of timothy & titus . and of the antipathy of english prelacy to unity and monarchy , par . . c. . * see my vnbishoping of tim. and titus , where this is largely proved . * see this largely proved in my vnbishoping of timothy & titus , and in gersom . bucerus de gubernat . ecclesiae . * see my antipathy of the english prelacy , part . . pag. . to . * rev. . , . c. . , . c. . , , . * acts . . . phil. . . tit. . , , . * see goodwin , catalogue of english bishops . rastalls abridgement , tit. bishops sust fruits & 〈◊〉 , * a colllection &c. p. ● . . * a collection , &c. ● . , , &c. * a colllection p. , . object . answer . a mat. . . luke . . acts . . c. . . . . . c. . . c. . . cor. . . thes. . . phil. . . . . cor. . , , . gal. . . b see m. seldens hist. of tythes . c polychron . l. . c. . see. d. crakenthorp of const. donat. euseb. de . v●●a constamin . d c. . in vita sylvestri . e hist. l. . c. : f dialog . l. . c. , , . . g fox acts and monu . p. . . h answer to the preface of m moores book , p . i ser. on hag. p. . defence of the apology . part . c. . divis . . k tho. becons reports of certaine men , vol. . f . l opus . dierun , c. . m fox acts and monu . vol. . p. . . n gra. dist . . o spel. concil . tom . . p. . . p de brit. eccl. primordiis c. . p. . . . . . q c. , . &c. r see his life before his works , ho. . in matth. . in cor. t niceph. eccl. hist. l. . c. . n niceph. l. . c. . socra . eccl . hist. l. . c. . s naz. ora● . x epist. . y m. wheten . p , , . z sulpitius scverus sacr . hist. l. . vssertus de brit. ec. primordiis , p. . a august . de gestis 〈◊〉 emeri●a , dona● . tom. . parl . . p. . b ●n my breviate of the prelares vsur-pations epist. dedicatory and appendix ; the antipathy of english prelacy , par . . c dialogo●um , l. c. , , , . , . walsing . hist. p. . to . fox acts & monuments . . . . object . answ. * plut. apop●th . * luk . object . answ. * remonstrance of the generall and officers , novemb. . : p. , . * pag . to . ibid. their declaration , novemb. . and answ. ian. . object . answ. object . answ. * psalm . . . p●al . . , . * object . nov. . p. , , , . answ. * matth. paris , p. . speed , p. . * exact collect. p. , . a collection of all orders , p. . , , , . . , . . * exact collection p. , , . * exact col. p. . &c. a col. of all publique orders , &c. , of both houses , p. , , , , . &c. , . , , , . * a coll. p. . * exact col. p. . , . a coll. p. , , , &c. note this . see putnery projects animadve●sion● upon the arm●es remonstrance . the army for a treaty . the kings answer to the p●opositions sent to him , to hampton court. . sept. note . note . note . * see putneyy projects . * from july . till nov : . * remonstrance p. . to . * zech. . . king. . . * zech. . . king. . . * see eutropius and grimstones imperiall history . * danicae histor. l. . p. . * rerum anglicarum l. . c. . chron. . , . kings c. . to cap. . * exact collection , p. , , , , , , , , , , , , , , , , , , , , , , , , , , &c. * ibid. pag. , , , , , . a collection of all the publique orders , & c● p. , . * p. , . sam. . ki●g . & . * mat : paris , speed , daniel in the 〈◊〉 of king stephen . * remon : nov : . . pag : , , , , * remonst . pa , e , , , . * see mr. ashl●ursts reason● against it . * a collecti . &c. p , , , . * remon . p. . . and agreement of the people , formerly printed , and of late new modelied . object . * see the remonstrance of the northern associations , printed . the humble petition , serious suggestions , &c. of the gentlem●n , yeomen and free-holders of the eastern● association . * a collection , pag. . . * exact collection . p. . . . , , a collection , p. . * this is in terminis asserted by the commons in their petition to the king at hampton court , and , remonstrance of the state of the kingdom , presented with it . dec. . exact collect. * pag to * see rome's masters-piece . p. . to . not●● . exact collections , p. . . . to . . &c. . to . , &c. * a collect &c. p● . . . . . . . . . . . . . . . * appendix page . * exact 〈◊〉 lect●o . &c. p & ● exact col● lect . p. to . . . ● . . ● ● ● . . * a collection , & c● p . . . . . . . ● . . . . . . . . to . . . ● . . . . . . . . ● . . . . . . . . ● . . . . . . ● . . . . . . ● . ● . . ● &c. . ● . . . : . to . . . . . appendix p. . ● . . * a collect on , &c. p . . . . . , . . . . . ●● . . . . . . . . ● . . . . . . . . . . . . . . * appendix p. ● . . * the generals & armies remonstrance , aug . . * see their remonstrance , aug. . . see mr. edwards gangrena , &c. * see the arraignment of traytors , mr. vicars history , speeds chronicle and others nota. a title now owned by them thogh then disclaimed * remonst . p. , . &c. * see the homilies against rebellion , deus & rex iohn whites defence of the way , c. . . dr. bilson of christian subjection and unchristian rebellion pat . bishop ic●els view of a seditious bull * ●iac . . . . notes for div a -e note . * a collection pag. ● . the declaration of the county of oxon to his excellency the lord general monck. we the gentlemen, ministers, free-holders, and others of the county of oxon, having a long time groaned under heavy burthens, do now hereby declare the resentments we have of our grievances, and our just desires as the most visible means of a happy peace and settlement of these nations. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing d thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) the declaration of the county of oxon to his excellency the lord general monck. we the gentlemen, ministers, free-holders, and others of the county of oxon, having a long time groaned under heavy burthens, do now hereby declare the resentments we have of our grievances, and our just desires as the most visible means of a happy peace and settlement of these nations. albemarle, george monck, duke of, - . sheet ([ ] p.) printed for john starkey, at the miter, near the middle temple-gate in fleetstreet, london : . praying for a free parliament. annotation on thomason copy: "feb. . ". reproduction of the original in the british library. eng england and wales. -- parliament -- early works to . great britain -- politics and government -- - -- early works to . oxfordshire (england) -- history -- th century -- early works to . a r (thomason .f. [ ]). civilwar no the declaration of the county of oxon to his excellency the lord general monck. we the gentlemen, ministers, free-holders, and others of the albemarle, george monck, duke of a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion the declaration of the county of oxon to his excellency the lord general monck . we the gentlemen , ministers , free-holders , and others of the county of oxon , having a long time groaned under heavy burthens , do now hereby declare the resentments we have of our grievances , and our just desires as the most visible means of a happy peace and settlement of these nations . whereas every free-born subject of england is supposed to be present in parliament , by the knights or burgesses of the place of his residence ; and thereby is presumed to consent to all things that passe in parliament ; it now so hapning , that many counties are wholly left out , either by death or seclusion . i. we therefore desire , that all places vacant by death , may be supplyed , and those that were secluded in , may be re-admitted , that thereby we may be taken into the share of government by our representatives , we having at this time but one of nine , and him a burgess , taken up with the publick concern of the chair , from minding our particular grievances . ii. that no unusual previous oath may be put upon any that is to sit in parliament . iii. that no tax may be put upon us without our free consent in parliament . iv. that the fundamental laws of the land , the priviledges of parliament , the liberty of the subject , the property of goods , may be asserted and defended , according to the first declaration of parliament when they undertook the war . v. that the true protestant religion may be professed and defended , a lawful succession of godly and able ministers continued and encouraged , and the two universities , and all colledges in or belonging to either of them , preserved and countenanced . these our just rights we lay claime to , as free-born english-men , and resolve to assert . this declaration was signed by above five thousand considerable inhabitants of the said county , and delivered to gen. monk , on munday febr. . at his quarters at the glass-house in broad-street london , by the lord falkland , sir anthony cope , mr. james fiennes , captain william cope , henry jones , edward hungerford esqrs. , and other persons of quality . london , printed for john starkey , at the miter , near the middle temple-gate in fleetstreet , . at the general quarter-sessions of the publick peace holden for the city of london by adjournament at justice-hall in the old baily london, on vvednesday the xij day of january in the year of our lord before john fowke maior of the city of london, thomas atkins, thomas andrewes, thomas foote, john kendricke, aldermen of the city of london, and william steel recorder of the same city, samuel avery, robert titchborne and john dethicke, aldermen of the said city, and other their fellowes justices assigned to keep the publick peace in the city of london, and also to hear and determine divers fellonies, trespasses and other misdemeanours within the same city committed. city of london (england). this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing l a thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) at the general quarter-sessions of the publick peace holden for the city of london by adjournament at justice-hall in the old baily london, on vvednesday the xij day of january in the year of our lord before john fowke maior of the city of london, thomas atkins, thomas andrewes, thomas foote, john kendricke, aldermen of the city of london, and william steel recorder of the same city, samuel avery, robert titchborne and john dethicke, aldermen of the said city, and other their fellowes justices assigned to keep the publick peace in the city of london, and also to hear and determine divers fellonies, trespasses and other misdemeanours within the same city committed. city of london (england). sheet ([ ] p.) printed by james flesher, printer to the honourable city of london, [london] : [ ] imprint place and publication date from wing. the response of the corporation of london to the december order of parliament that the lord mayor and aldermen were to inquire into and take remedy for the extraordinary price of coal in which they fix the price "of seacoals untill further or other order shall be duely given in this behalfe". signed: sadler. annotation on thomason copy: "january th". reproduction of the original in the british library. eng england and wales. -- parliament. -- early works to . coal trade -- england -- london -- early works to . great britain -- politics and government -- - -- early works to . london (england) -- economic conditions -- early works to . a r (thomason .f. [ ]). civilwar no london ss. at the general quarter-sessions of the publick peace holden for the city of london by adjournament at justice-hall in the old bai city of london c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion blazon or coat of arms blazon or coat of arms at the general quarter-sessions of the publick peace holden for the city of london by adjournament at justice-hall in the old baily london , on wednesday the xij day of january in the year of our lord before john fowke maior of the city of london , thomas atkins , thomas andrewes , thomas foote , john kendricke , aldermen of the city of london , and william steel recorder of the same city , samuel avery , robert titchborne and john dethicke , aldermen of the said city , and other their fellowes justices assigned to keep the publick peace in the city of london , and also to hear and determine divers fellonies , trespasses and other misdemeanours within the same city committed . whereas by order of parliament of the xi of january instant , it was referred to the lord maior and the several courts of sessions of the peace for london and middlesex , at their then next sitting being at this present time , and they were impowred to give in charge to the grand iury to inquire what is a fit and indifferent price for seacoals and upon their presentment to set such rate and price as they shall think fit both within the cities of london and westminster , and liberties thereof , the borough of southwark and county of middlesex , and that all wood-mongers cole-merchants and others that sell either in grosse or by retail within the said cities and liberties thereof , the borough of southwark and county aforesaid , be enjoyned to sell the coals in their possessions not exceeding the rate and price which shall be so set accordingly , and that the lord maior and iustices of the peace within the said cities and liberties thereof , and borough and county aforesaid , respectively doe take care that this order be duely observed and put in execution with all possible speed for the advantage and relief of the poor : and whereas this court in pursuance of the said order and by virtue thereof have given in charge to the grand iury for the city of london to enquire and make presentment according to the said order : and accordingly the said grand iury have made and delivered in their presentment to that court in this behalfe : and now upon serious consideration thereof had in the presence of and with the advice of the lord chief iustice rolle , the lord chief baron wyld , m. iustice jermin , and iustice aske , and divers other iustices here present : this court doth think fit and hereby order that no cole-merchant , wood-monger , chandler , or other person or persons whatsoever that sel sea-coals either in grosse or by retail within the city of london and the liberties thereof , and the borough of southwark shall from henceforth sell or utter any seacoales either in grosse or by retail above the rate and price of twelve pence the bushell , nor above the rate and price in proportion for any greater or lesser measure or quantity of seacoals untill further or other order shall be duely given in this behalfe , and that for the better observation hereof this order be openly published . january 〈…〉 sadler . printed by james flesher , printer to the honourable city of london . notes, typically marginal, from the original text notes for div a e- ●ondon ss. a true copy of the paper delivered by brigadier rookwood, to the sheriff at tyburn, the place of execution. april , . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). b wing r a estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. b ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a true copy of the paper delivered by brigadier rookwood, to the sheriff at tyburn, the place of execution. april , . rookwood, ambrose, - . sheet ([ ] p.) printed [s.n.], london : in the year . caption title. imprint from colophon. reproduction of original in: university of glasgow library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng rookwood, ambrose, - . great britain -- history -- william and mary, - -- sources. great britain -- politics and government -- - -- sources. broadsides -- england -- th century. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - megan marion sampled and proofread - megan marion text and markup reviewed and edited - pfs batch review (qc) and xml conversion a true copy of the paper delivered by brigadier rookwood , to the sheriff at tyburn , the place of execution . april . . . wil ls of dying men , were ever sacred , and as such ought to be fulfill'd . the sufferer a man of deeds , more than words , by way of will made to the people , consign'd his thoughts to paper ; the paper to the sheriff to be publish'd . to this paper as he told the said sheriff he referr'd himself ; and that he might not fail of his intent , some days before his execution , he had transmitted a copy of it to a friend , who since the sheriff has so long fail'd of his trust and duty , resolves to supply it by doing his. take it therefore in print . mr. sheriff cannot but own it to be the same word for word . the paper . having committed the justice of my cause and recommended my soul to god , on whose mercies , through the merits of jesus christ , i wholly cast my self ; i had once resolv'd to die in silence ; but second thoughts of my duty to others , chiefly to my true and liege sovereign k. james , moved me to leave this behind me . i do therefore , with all truth and sincerity , declare and avow , i never knew , saw , or heard , of any order or commission from k. james for the assassinating of the prince of orange , and attacking his guards ; but i am certainly inform'd , he had rejected proposals of that naure , when made unto him . nor do i think he knew the least of the particular design of attacking the guards at his landing , in which i was engag'd as a soldier , by my immediate commander , ( much against my judgment , ) but his soldier i was , and as such i was to obey and act. near twelve years , i have serv'd my true king and master k. james , and freely now lay down my life in his cause . i ever abhor'd a treacherous action even to an enemy . if it be a guilt to have complied with what i thought , and still think to have been my duty , i am guilty . no other guilt do i own. as i beg all to forgive me , so i forgive all from my heart , even the prince of orange , who as a soldier ought to have consider'd my case , before he sign'd the warrant for my death . i pray god to open his eyes and render him sensible of the much blood from all parts crying out against him , so to prevent a heavier execution hanging over his head , than what he inflicts on me . london , printed in the year . some considerations proposed to this distracted nation of england concerning the present design and work of god therein, upon their submitting whereto doth their settlement alone depend, and not upon any form of government, or change of governors, as that spirit which seeketh their ruin, tempteth them to believe. penington, isaac, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing p ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing p estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) some considerations proposed to this distracted nation of england concerning the present design and work of god therein, upon their submitting whereto doth their settlement alone depend, and not upon any form of government, or change of governors, as that spirit which seeketh their ruin, tempteth them to believe. penington, isaac, - . sheet ([ ] p.) s.n.], [london? : . reproduction of original in huntington library. broadside. signed: isaac penington, the younger. eng great britain -- politics and government -- - . broadsides a r (wing p ). civilwar no some considerations proposed to this distracted nation of england, concerning the present design and work of god therein, upon their submitt penington, isaac b the rate of defects per , words puts this text in the b category of texts with fewer than defects per , words. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - taryn hakala sampled and proofread - taryn hakala text and markup reviewed and edited - pfs batch review (qc) and xml conversion some considerations proposed to this distracted nation of england concerning the present design and work of god therein , upon their submitting whereto doth their settlement alone depend , and not upon any form of government , or change of governors , as that spirit which seeketh their ruin , tempteth them to believe . . that god in great mercy , brake the bands of the romish yoak , which lay hard upon the neck of this nation , and was very weighty upon those consciences , wherein the true reforming light did arise in any measure ; and who were in any measure true to that light , which the lord caused to break in upon them . . that the reformation out of popery , was not presently perfected ( nay was never yet perfected ) but was very weak and low , many things therein savouring very much of popery , ( the nation being hardly able to bear at that time what was done , ) so that there were many things , still continuing which could not but be burthensome to the upright-hearted , and to the tender consciences , as the light which began their reformation , did grow and increase in them . . that the lord god ( who in such great mercy had delivered this nation from the yoak of popery ) could not but expect that the reformation should grow and increase , until it were perfected ; even until nothing were left which arose from that spirit from whence popery sprang , and which might ( in its proper tendency ) be serviceable to that spirit , but that all his people in this nation , might have free liberty at least ( if not encouragement ) to return to the pure worship of him in spirit and truth , even as in the dayes of the apostles , before the apostacy from the spirit , and from the truth . . that the reformation out of popery , was not pursued as the lord expected it should , but a dark way of worship established in the land , and a dark church government ( both very like that of rome ) whereby those that were truly conscientious , and in whom the reformed light did further and further arise , were reproached , nick-named , hated , persecuted , &c. insomuch as that there was a bar set up against the proceeding of the reformation any further , and a formal way of church-government and worship erected , which was pleasing to the loose and carnal spirit , but sharp , cruel , and burthensome to the stricter sort , and to such as were tender-hearted towards god . that under this church-government , and way of worship , there was a go●ng backwards towards popery again , instead of going further from it . things grew e●ery day worse and worse , ceremonies dayly abounding , and were more and more strictly injoyned , wearing of surplices , bowing at the name of jesus , railing of the communion tables , and making steps up to it , calling them high altars , ( bowing thrice at their approach to them ) having corporasses over the bread , saying second service , &c. and the chief end of their visitations , was to establish such things as these , and to suppress lecturers and conscientious preachers ( among whom some fresh life did spring up , for the relief of the needy and desolate ) and to curtal preaching ( and praying before and after sermons ) yea and catechising too , which by authority was appointed in the place of the after-noon sermons , when they found it exceed the limits they intended . and this proceeded so far , that there was very little difference betwen us and the papists , save only the name ; the worship in both becoming dead , and formal , and pleasing to the fleshly part , but empty of that which should feed and refresh the spirit . only the lord had reserved to himself a remnant , who could not bow to these things , but groaned under them , & witnessed against them , mourning bitterly to the lord under the load and weight of them . . that when the wrath of the lord arose against this form of church-government , & worship ( as indeed it was high time for the lord to appear , for the power and life of religion was even expiring ) and he brake down all that stood up in the defence of it , and gave much liberty to the oppressed spirits and consciences of his people , yet this was not pleasing to the nation , but fain would they have had either the same form up again , or at least some other such like in the stead of it ; whereby the loose spirit of the nation , might be setled in some way of formal worship , and the growing reforming light snibbed in the spirits of the tender-hearted towards god . look back with a single and honest eye , hath it not been thus ? hath there not been a sharp contention , between god and this nation concerning this thing ? the lord hath risen to remove the yoak from off the oppressed , that he might cause the powers of this nation , to let the oppressed conscience go free , but the nation would have them bound . it is still crying to the powers and authorities in being , to lay the yoak on again ; when one power is broken down ( because it is not faithful in the lords hand , but starts aside from the lords work , for which it was chosen , to another of its own chusing ) it seeks to have another harder power set up , ( i mean harder to the tender conscience ) yet god overturns that also , and what can stand before him , who is risen to shake terribly the earth , and to make the oakes , and cedars thereof to fail , totter , and fall ? o england ! will nothing serve thy turn , but the enslaving of gods heritage ? that tenderness of conscience , 〈◊〉 god hath begotten in his people , is his own , is that which he will inherit . it is that which he brought out of the egyptian darkness of popery , and which he is now redeeming , and delivering from the relicks thereof : and if these three nations should for the generality , joyn together as one man , yea , and though other nations should joyn with them , yet wil they fall short of power and wisdome to prevent the lord of bringing to pass his intended work . was it the generality of the nations god redeemed out of popery , or was it a poor persecuted remnant for whose sakes he did it , and whom he chiefly had respect unto ? and is not the lord able to carry on this work , further and further ? did he suffer them alwaies to be stopped in their progresse , and held in bondage by episcopacy ? nay , did he not at length break it down at their cries , and for their sakes ? and do ye think he will now suffer the line of presbytery to be stretched over them , to keep them down from rising up any further in obedience to the pure law of life in their spirits ? o england , in the zeal of the lord of hosts , i could bid defiance to all thy councils and strength , though i should see thee encompasse round his poor suffering seed ( who are very weake and foolish , as to that kind of strength and wisedome ) because mine eye seeth the almighty one ( before whom in thy greatest strength , and height of confidence , thou art as nothing ) engaged against thee : but i rather chuse to mourn over thee , and to wait for the opening of thine eyes , by the anointing of the true eye-salve , which alone can unbewitch the nations ? yea in bowels of tender love and pity to thee , i do beseech thee , o england consider thy self , do not undo thy happiness and prosperity , fight not against the holy one , the mighty one of despised , distressed israel : be not tempted to follow israel into the wilderness , ( where they now are , and whither the hand of the lord hath led them ) to bring them back again into bondage , because thou seest them entangled in the straits , and nothing appears able to deliver them out of thy hand . remember what befel pharoah and his hoast . this israel whom thou huntest , is dearer to the lord then ever that israel was : for that was but a shadow of the true seed , but the true life it self is begotten , and brought forth in many of these , and the power , and presence of the lord is mightily with them and amongst them , though thou in the unbeliefe canst not see it . there is now an hour of temptation upon thee , there appears a fair opportunity to thee to be revenged on them , and to bring them under : take heed what thou dost , lest he who hath the power over all , bring thee under , and set them on top ; seek righteousness , seek the good of all , seek true reformation , and the lord will blesse thee ; but if thou think to obtain the setting up of old forms , and waies of worship and government , or any new ones like to the old , under which the righteous cannot but groan ( though the wicked , and loose spirit way rejoyce ) thou wilt be deceived , and thy mistake may prove very dangerous and bitter to thee . our earnest desires to the lord for thee are , that thou maist be spared as much as is possible ( and that the sufferings of gods people from thee , from the very first rent from popery till this day , may not be laid to thy charge ) but iniquity is so twisted into thy bowels , that without much tearing , which will cause great pain to thee , it can hardly be separated from thee . thou art too wise and wilfull , this is the cause of thy sorrow . if thou couldst fear before the lord , and patiently wait for the revealing of his will , and of his guiding thee by his wisdome , and not be so enraged against instruments , but see through them to his hand ( who hath afflicted thee , ) and humble thy self before that , how sweetly and easily might his work go on in thee ! but alas , hast thou not set thy self against it from the very first ? and now thou art much pleased with a seeming probability of turning it backward . ah poor land , what will this stiffe spirit , ( which hath all along these times of trouble , repined at , and opposed the work of the lord ) bring thee to ? the time of reformation is come , the work of reformation is begun by that power , which is able to carry it on , and that which now standeth in the way thereof , ( how high , and mighty soever ) will be overturned . and although ( as to what men have done ) the cause and work of reformation may justly become a reproach , yet the foundation of reformation which god hath laid , is glorious : and in these troublesome times , is he rearing up the building of his new jerusalem , which when he hath finished and brought forth , will dazle the eyes of the whole earth . o england be not high minded , run not out into parties , and breaches in the heady will , but fear before him whose power is over thee , ( who comprehends all thy councels , strength , designs , and hopes , as with a span ; and when they are at the height , can moulder them to nothing , with the touch of his finger ) for his will must stand , not thine . written the th . of the th . month , . this is from him , whom in the day of thy distresse , and bitter calamity ( which thy present courses lead apace unto ) thou wilt confesse to have been thy true friend . isaac penington , the younger . sam. ld. bp. of oxon, his celebrated reasons for abrogating the test and notions of idolatry, answered by samuel, arch-deacon of canterbury. phillips, john, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing p estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) sam. ld. bp. of oxon, his celebrated reasons for abrogating the test and notions of idolatry, answered by samuel, arch-deacon of canterbury. phillips, john, - . the third edition. [ ], p. [s.n.], london printed : . "samuel parker was archdeacon of canterbury in when he became bishop of oxford"--nuc pre- imprints. attributed by wing and nuc pre- imprints to phillips. reproduction of original in the union theological seminary library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng parker, samuel, - . -- reasons for abrogating the test imposed upon all members of parliament. test act ( ) great britain -- politics and government -- - . - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - judith siefring sampled and proofread - judith siefring text and markup reviewed and edited - pfs batch review (qc) and xml conversion sam . l d. b p. of oxon , his celebrated reasons for abrogating the test , and notions of idolatry , answered by samuel , arch-deacon of canterbury . the third edition . it 's better to indulge mens vices and debaucheries , than their consciences . sam. park . eccles. pol. pag. . london , printed in the year , . there is nothing hereby intended to impugn the abrogation of the test : may his majesty's sacred will and pleasure be fulfill'd ; and may the rights of the english peerage remain inviolable . but there seems to have been an absolute necessity , for the author of the reasons for abrogating the test , to have repeal'd his most bitter invectives against the nonconformists , and his tempestuous indignation against dissenters in general ; so diametrically opposite to the serene and pious desires and resolutions of his majesty , to make his subjects happy , and unite them to him as well by inclination , as duty ; and to have shew'd his compliance to his majesty in all his most laudable and generous designs , before he had singl'd out that particular point of the test , meerly to hook in a plea for transubstantiation , and his own new modell'd notions of idolatry . but let others , whom it may concern , dispute those controversies : the present question is , whether his lordship of oxon , have retracted his discouses of ecclesiastical polity , or at least , those passages in them , which run so apparently counter to his majesty's gracious declaration for liberty of conscience ? otherwise he may seem to have calculated his writings for the various meridians of state ; and his arguments will not bear that weight , which ( tho' the same , yet ) coming from another person , they would have done . now , there cannot be a more certain touch-stone of truth of the bishop's , or arch-deacon's ( which you please , for they are both the same person 's ) ecclesiastical polity , than the declaration it self : only , out of his christian charity , the arch-deacon has peopled the kingdom with such a dreadful canaille , ( all but those of the church of england ) that astonishment it self might wonder well , were his unconscionable epithetes to be allow'd , that so gracious , so indulgent , so soft and calm a declaration , should come forth in kindness to such a rabble : for those whom his majesty calls his good subjects , the arch-deacon continually strigmatizes with the foul epithetes of iugglers , dissemblers , wicked rebellious , hypocrites , sons of strife and singularity , and most notorious hereticks . and , upon this supposition , as the foundation of his pile , that the generality of the people of england are such , ( for he excepts none but those of the church of england ) he rears the fabrick of his ecclesiastical polity ; wherein he had only this misfortune , to be of a quite contrary opinion to his prince ; and that his draconicks were not repeal'd , before the declaration came forth . the declaration expresses his majesty's earnest desire to establish his government on such a foundation , as to make his subjects happy , and unite them to him as well by inclination , as duty ; which he thinks can be done by no means so effectually , as by granting them the free exercise of their religion . but the arch-deacon's politicks are of another strain : for , in his preface to his ecclesiastical polity , p. . he say ; that the aim of his discourse is , by representing the palpable inconsistency of phanatick tempers and principles , with the welfare and security of government , to awaken authority to beware of its worst , and most dangerous enemies , and force them to modesty and obedience by severity of laws . pag. . of the same preface : if princes ( says he ) would but consider , how liable mankind are to abuse themselves with serious and conscientious villanies , they would quickly see it to be absolutely necessary to the peace and happiness of their kingdoms , that there be set up a more severe government over men 's consciences , than over their vices and immoralities . pag. . of the same , he boasts his having prov'd , that indulgence and toleration is the most absolute sort of anarchy ; and that princes may with less hazard give liberty to men 's vices and debaucheries , than to their consciences . but the declaration is quite of another temper : vve humhly thank almighty god , it is , and hath of a long time been , our constant sense and opinion , which upon divers occasions vve have declared , that conscience ought not to be constrain'd , nor people forc'd in matters of meer religion . but this will not be admitted by the arch-deacon : for , ( says he , ecclesiast . pol. pag. . ) when men's consciences are so squemish , that they will rise against the customs and injunctions of the church , she must scourge them into order and chastize them for their troublesome peevishness , pag. . ( eccles. polit. ) he pretnnds to have prov'd the vnavoidable danger of toleration , and keeping religious differances , that religion must be govern'd by the same rules , as all other transactions of human life ; and that nothing can do it but severe laws ; nor they neither , unless severely executed . ecclesiast . pol : pag. . if princes ( says he ) will suffer themselves to be checked in their laws spiritual by every systematical theologue , they may as well bare to see themselves affronted in their laws civil by every viliage-attorney . pag. . but to indulge ideots in their folly because they threaten authority to be peevish and , scrupulous , and to infest the government with a sullen , and cross-grain'd godliness , ( an artifice not much unlike the tricks of forward children ) is to suffer ignorance to ride in triumph ; and therefore such humorsom saints must be lash'd out of their sullenness , into compliance , and better manners . this ( as the arch-deacon calls it , preface to brambal 's vindication ) was one his rhapsodies of hasty and huddled thoughts . most divine words , and most seraphick charity ! but the arch-deacon will have tenderness of conscience to be pride ; vanity , and insolence , though all the seven champions should contradict him . pag. . he that pretends conscience to vouch his humour , and his insolence , is a villian , and an hypocrite ; and so far from deserving pity , especially from authority , than no offenders can more need or provoke their severity . this may be true : but , where the supream government , which must of necessity be absolute , uncontroulable , and unlimited , as well in matters of religion , &c. more sagaciously discerns beyond the arch-deacon 's , that same conscience to be neither humouor nor insolence - nor will comprehend it under that notion ; there , it is to be hoped , the man is not a villian , nor an hypocrite , and so not liable to the fury of correction . pag. . and therefore , if princes will be resolute , they may easily make the most stubborn consciences bend to their commands ; but , if they will not , they must subbmit themselves , and their power , to all the follies and passions of their subjects . probatum est . s. p. pag. . governours must look to the publick , and let tender consciences look to themselves . laws must be of an unyielding , and unflexible temper , and not soft and easie things . princes must not be diffident in their maxims of policy ; but , as they must set up some to themselves ; so they must act roundly up to them dii te donent tonsore . — quaere , why this counsel was not taken , since the counsel was given so long before the declaration came forth ? answ. because it was ever contrary to his majesty's inclination , pag. . 't is all one to the concernments of government , whether tenderness of conscience be serious or counterfeit : for whether so or so , 't is directly contrary to the ends and interest of government . better unsaid , than not believed . pag. . and what can be more destructive to all manner of government , than to make all the rules of order and discipline less sacred , than the whimsies of every phanatick zealot ? pray be patient , sir , there 's no such thing done . ibid. when to pick quarrels with the laws , and make scruple of obeying them , shall be made the specifick character of the godly : when giddy and humorous zeal shall not only excuse , but hallow disobedience ; when every one that has fancy enough to fancy himself a child of god , shall have license to dispise authority . who would have been at the trouble of all this rhetorick , had he known what would have followed ? pag. . in brief the only cause of all our troubles and disturbances , is , the inflexible perverseness of about an hundred proud ignorant , and seditious preachers ; against whom , if the severity of the laws were particularly levell'd , how easie would it be to reduce the people to a peacable temper ? there were just three more than his number , and that spoild the project . pag. . what can be more apparently vain , than to talk of accommodations , or to hope for any possibility of quiet or settlement , till authority shall see it necessary to scourge them into better manners , and wiser opinions ? pag. . t is easie possible for well-meaning people , through ignorance or inadvertency , to be betraid into such unhappy errors , as may tend to the publick desturbance ; which , though it be not so much their crime ●as infelecity ; yet is there no remedy , but it must expose them to the correction of the publick rods and axes . surely , rhadamanthus 's own chaplain could not have preached more severe divinity ? pag. . in brief , there is nothing so ungovernable , as a tender conscience ; or so restiff and inflexible , as folly or wickedness , when hardned with religion : and therefore , instead of being comply'd with , they must be restrain'd with a more peremtory and unyielding rigor , than naked and unsanctify'd villany . pag. . nay , so easie it is for men to deserve to be punish'd for their consciences , that there is no nation in the world , ( were government rightly understood , and duly manag'd ) wherein mistakes and abuses in religion , would not supply the galleys with vastly greater numbers , than villany . 't is a comfort , curst cows have now short horns . however , to this the tender declaration makes a reply , declaring one of the reasons of his majesty's indulgence to be , because he finds , that force in matters of meer religion , tends to the depopulating of countries . on the other side , the arch-deacon in opposition to the king 's reason , is for depopulating the land , and peopling the galleys ; and arraigns that government for want of understanding , and due management , that does not observe his method of cruelty . he is for pillories , whipping-posts , rods , axes , scourges , &c. as if no government pleas'd him , but that described by virgil in hell : hinc exaudiri gemitus , & saeva sonare verbera ; tum stridor ferri , tractaeque catenae . — accincta flagella tisiphone quatit insultans , torvosque sinistra intentans angues vocat agmina saeva sororum . this , in the arch-deacon 's ecclesaistical polity ; and to shew , that no other government will content him but this , pag. . i leave it , ( says he ) to governors themselves to judge , whether it does not concern them , with as much vigilance and severity , either to prevent the rise , or suppress the growth , ( of phanaticks he means , that find themselves aggrieved by the penal laws ) as to punish any the foulest crimes of immortality ? and if they would but seriously consider into what exorbitances peevish and nntoward principles about religion improve themselves , they could not but perceive it to be as much their concernment to punish them with the severest inflictions , as any whatsoever principles and rebellions in the state — well! the business is consider'd , and his ecclesiastical polity is found to be deficient . nay , he goes farther , and arraigns all kings and princes for their folly , under the title of governors : for , says he , in the following pag. . this certainly has ever been one of the fatal miscarriages of all governors , in that they have not been aware of this fierce and implacable enemy , ( meaning the phanaticks , who care no more for whips and scourges , than the devil does for holy-water ) but have gone about to govern unruly consciences by more easie and remiss laws than those that are only able to suppress scandalous and confess'd villanies ; and have thought them sufficiently restrain'd , by threatning punishments , without inflicting them . and indeed , in most kingdoms , so little have princes understood their own interests in matters of religion , &c. hearken , o ye princes of europe , and go to school again to the author of the discourses of ecclesiastical ●●lity . but , here is another bold touch : prohibition disobliges dissenters , and that is one evil ; impunity allows them toleration , but that is a greater ; and where governors permit what their laws permit , ( this is not the present case ) there the commonwealth must at once feel all the evils both of restraint and liberty . so that , as they would expect peace and settlement , they must be sure , at first , to bind on their ecclesiastical laws with the streightest knot ; and afterwards keep them in force and countenance , by the severity of the law. their restraint must be proportion'd to their unruliness of the conscience ; and they must be manag'd with so much the greater strictness , than all other principles of disturbance , by how much they are the more dangerous . gratias domine , now princes understand what they have to do . yet a little more of the arch-deacon 's ecclesiastical polity . beloved , in his preface to bishop bra●hal 's vindication , ( for it is not pag'd ) you shall find it thus written : they ( meaning the phanaticks , or complainants against the penal statutes ) have been so long accustom'd to undutiful demeanor , that it is to be fear'd , they are grown too head-strong and incorrigible , to be aw'd into a more modest behaviour by threatnings of severity . therefore , it will be thought necessary to bridle their ungovern'd tongues and spirits with pillories and whipping-posts . and at the bottom of the same page : to this peevishness of their humors , i might add the restlesness of their minds , that is always displeas'd with the settled frame of things , ( innuendo , the settled penal laws ; ) and that no alterations can satisfy . if you condescend to their first demands , you only encourage them to be making new remonstrances : appease all their old complaints , and they are immediately picking new faults to be redress'd . they that at first only request indulgence , will , when strong enough , demand it . in short , give the non-conformists an inch , and they 'll take an ell. but , ( in the same preface ) should it ever so happen hereafter , that any king of england should be prevail'd with to deliver up the church , ( that is to say , to dispence with the penal laws and test ; for the test , notwithstanding the reasons against it , must be included in this long parenthesis , because the church fram'd it ) he had as good , at the same time , resign up his crown . and thus you see the danger of the present government , through the non-conformity to the arch-deacon 's ecclesiastical polity . there is another reason , why his majesty was graciously pleas'd to think , force in matters of meer religion directly contrary to the interest of government ; and that is , spoyling of trade . trade ! cries the arch-deacon : trade ! no. let grass grow about the custom-house , rather than abate one tittle of my ecclesiastical polity : for , ( in his preface to his ecclesiast . pol. pag. . ) 't is notorious , ( says he ) that there is not any sort of people so inclinable to seditious practices , as the trading part of a nation ; and their pride and arrogance naturally increases with the improvement of their stock . and if we reflect upon our late miserable distractions , 't is easie to observe , how the quarrel was hatcht in trade , men's shops , and cherisht by the zeal of prentices : ( by the way , this is plausible nonsense all over . ) but he goes on , pag. . 't is a very odd , and preposterous piece of policy , to design the enriching this sort of people , while their heads are distemper'd with religious lunacies . and , pag. . he is a very silly man , and understands nothing of the follies , passions , and inclinations of human nature , who sees not there is no creature so ungovernable , as a wealthy phanatick . and therefore , ( pag. . ) i confess , i cannot but smile , when i observe how some , that would be thought wonderful grave and solemn statesmen , labour with mighty projects of setting up this and that manufacture , in their several respective towns and corporations ; and how eagerly they pursue these petty attempts , beyond the great affairs of a more publick concernment , ( meaning the dreadful and terrible execution of the penal laws ; ) and how wisely they neglect the settlement of a whole nation , for the benefit of a village or burrough ? very pleasant ecclesiastical polity ! no man must eat or drink , or maintain his family : the grand relation of human necessities , depending one upon another , must stand still , to oblige the arch-deacon 's ecclesiastical polity . here 's a quietus est for above the third part of the nation . none but those that can swallow a surplice , and adore the parochial levite , must weave camlets at norwich , make bays at colchester , spurrs at rippon , nayls at brommigeham , or saddles at burford . for why ? there is not any sort of people so seditious , as the trading part of the nation . so that , supposing the greater part of the trading part of the nation be , as the arch-deacon calls them , phanaticks , and nonconformists , ( that is , men conscientiously scrupuling the ceremonies of the church of england ) they must either be scourg'd into better manners with bryars and thorns ; or else the nation must be laid waste and desolate . for , to tell you true , as good have no people , as those that will not pay tithes ; 't is no matter for the king's duties , nor how the nation may be otherwise weakn'd and expos'd . there is yet behind one more reason urg'd in the declaration , and that is this ; that force in matters of meer religion , never obtain'd the end for which it was imploy'd ; wherein his majesty declares himself the more confirm'd , by the reflections he had made upon the conduct of the four last reigns . now , here 's the utter subversion of the arch-deacon 's ecclesiastical policy ; all meer labour in vain , abundance of ranting , raving , reviling expressions , insomuch , that the arch-angel was more civil to the devil , than the arch-deacon to the dissenters ; and yet all to no purpose . he has been at a great deal of pains in setting up pillories and whipping-posts in all parts and corners of the kingdom ; and now he may e'ne go , and pull 'em down again . what are now become of all his politick let but 's ? in his preface to bishop bramhall 's vindication ; let but the government think it seasonable at any time to reprieve them ( meaning the dissenters ) from the severity of the laws , and they immediately start up into that confidence , as to imagine themselves the only darlings of state. let but the publick rods be removed from their backs , and they are presently full of expectations to have them put into their own hands . if they are not always scourg'd and chastis'd , they will grow sawcy , and must by all means become cronies to kings and princes . many other passages might have been collected out of his several bitter ( if they may not be said to be scurrilous ) invectives against the dissenters ; but here are sufficient to make it apparently manifest , that the author of the ecclesiastical polity , was as great a dissenter from the mild and tender maxims of his majesty's government , and his constant sense and opinion , of a long time professed and declared upon several occasions in matters of religion , as the dissenters were dissatisfied with the rigid severity of the church of england ; or , at least , with the principles of his ecclesiastical polity . which makes it seem questionable , whether a person , who has brandish'd his pen with that virulency , against the dissenters in general , and his majesty's royal opinion , and the mature results of his most serious deliberations , may be a proper champion against the test ? for most certainly , there has been much more said already , and much more to the purpose , than he has produced . on the other side , he has most dogmatically avouch'd , that if ever the boisterous and unreasonable opposition ( as he calls it ) of the nonconformists to the church of england , be re-erected it must be upon its ruins : and that if ever the roman catholicks get any ground , or advantage of the church of england , they will be bound to make their acknowledgments to the puritans , and the strength of their assistance . whence he draws his conclusion , that it would be a pleasant spectacle , ( that is to say , a ridiculous over-sight in government ) to see either the classical or congregational discipline establish'd by authority . moreover , in the . pag. of the vindication of his eccles. pol. he appeals to all men , whether liberty of conscience be any better , than a license for anarchy and confusion ? pag. . he says , that to grant subjects a lawless and uncontroul'd liberty of conscience , in all matters and pretences of religion , is to dissolve one half of the government into perfect anarchy , and yield up the constitution of all publick affairs , to the humor of every wild enthusiast . and pag. . you find it thus written ; so that , seeing an ecclesiastical iurisdiction ( of pillories and whipping-posts , thorns and bryars ) is absolutely necessary to prevent all confusions , arising from unrestrain'd liberty , it is better that mankind should be sometimes exposed to the miseries of tyranny and persecution , than always groan under the intolerable disorders of anarchy , or reluctancy to penal statutes . if then the church of england be establish'd upon such a firm foundation , that nothing can endanger it , but indulgence to the dissenters , 't is to be admir'd , that a man , so knowing in ecclesiastical policy , and so great a friend to th● church of england , would open such a gap as to plead for the abrogation of the test , which the church-men of england fram'd and set-up , as the only bulwark to prevent her dissolution . so that , to use his own words , 't is very hardly credible , that a person , who has lately appear'd so vigorously in her cause , should , notwithstanding all his seeming zeal and earnestness , be really i● good earnest , in his pretences , against the test. for what signifies the abrogating the test , if there be no way to shake the otherwise immovable church of england , but by making two bridge● of dissenters , one between callice and dover , the other between diepe and rye , for popery to return into england : for , when he comes to tha● part of his preface to bishop bramhall 's vindication , where he considers what likelyhood , o● how much danger there is of the return o● popery into this nation : for my own part , says he● i know none , but the nonconformist's boisterous an unreasonable opposition to the church of england ▪ if he think , that the abrogation of the t●●● may be a means to unite the papist , and the di●senter , which he seems to intimate , by saying that the faction of the dissenters may be made use of , ●● instruments ( iourney-men tools ) to dissolve and unravel the establish'd frame of things , and destroy the church of england ; and so make an unobstructed passage for the return of popery in glory and triumph ; then he has left his cause in the lurch , and relinquish'd all his ecclesiastical polity at once . as for the papists , he deals with them after such a rate , that no man living knows where to have him . in his preface to bishop bramhall 's vindication , he seems neither to love nor fear 'em : for that , as long as the church of england stands in power and reputation , it will easily beat back and baffle all the attempts of rome , and its adherents ; their plausible reasons being evidently no more , than little tricks and sophisms , and seem intended by themselves , rather to abuse the simple , than satisfie the wise , their innovations are so undeniable , and the design of the church of england's reformation , so apparently apostolical , that those people must needs argue at a strange wild rate , that will be demonstrating against experience , and ocular inspection . so then , the reformation made by the church of england , in the points of transubstantiation , worship of images , adoration of the host , and invocation of saints , being apostolical ; what must be thought of his reasons against the test ? nay , there is nothing could preserve the papists from being hiss'd out of the pit , but that they are extreamly confident , and most readers sufficiently ignorant : so that the church of england may safely defie all their opposition . she does not stand upon such trembling foundations , as to be thrust down with bull-rush spears , and oral traditions , with labyrinths , and castles in the air. but then his heart misgives him again , and he begins to fear the return of popery into the nation , should the nonconformists joyn with the papists : and therefore , at the end of his preface , he begs the hearty prayers of his friend , for the peace and prosperity of the church of england ; for when that is gone , ( farewel frost ) 't will he hard to find out another , with which any , that are either honest or wise , will be over forward to joyn in communion . notwithstanding all this , upon better consideration , as it were in compassion of the despis'd weakness of the church of rome , and her adherents , he undertakes to furnish them with better arguments of his own , than any they have themselves , to vindicate transubstantiation , and clear them from idolatry : for which he strains an argument deduc'd from the cherubims , that cover'd the ark. and yet , in his defence of his ecclesiastical polity , pag. , . he condemns both turk and pope together in a breath ; the one for giving divine worship to a lewd impostor ; the other , to a senseless piece of matter . and thus , what , by vertue of apparent , apostolical reformation , he call'd ( before ) a senseless piece of matter , he has ( now ) cover'd with the cherubim 's golden wings , and render'd adorable by scripture - warrant : but , bene scribit , qui bene intelligitur ; what he has written , he has written . finis . notes, typically marginal, from the original text notes for div a -e ecclesiast . polit , pag. , , , , . eccles. pol. p. , , , &c. declar. p. . preface to bramhal 's vindication . preface to bishop bramhall's vindicat. an essay concerning parliaments at a certainty, or, the kalends of may by samvel johnson. johnson, samuel, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing j estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. 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[ ], ii, p. printed for the author, london : . reproduction of original in huntington library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- parliament. great britain -- politics and government -- - -- sources. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - tcp staff (michigan) sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion an essay concerning parliaments at a certainty ; or , the kalends of may. by samuel johnson . vice cotis fungar . horace . london ; printed for the author . mdcxciii . to the barons and commons of england in parliament assembled . may it please your honours . you either knew more of the matter contained in these papers , or less , or the same . if you knew more , i should be glad to see it in your laws which you mean to establish : or which is better , in your declaration of the constitution . if not ; no body can find fault with my poor office of bearing a light , but they that have very ill eyes . i am the known servant of you , and of my whole country , samuel johnson . an essay concerning parliaments at a certainty . chap. i. shewing that the frequent meeting of parliaments is the basis of our constitution , and the true of the government ; and that the intermission of them is inconsistent with the body of the english law. if a man would have an entire view of the english constitution , he must have recourse to those able and approved authors who have written purposely on that subject . for it is a rule , parva est authoritas aliud agentis ; and what is said by the by , is of less weight , than what is professedly handled ; provided it have been maturely considered , by a competent judge of that matter of which he treats . and in this kind we do not find a man better qualified than the learned lord chancellor fortescue , who was an aged lawyer , and had been lord chief justice of england when he wrote his book de laudibus legum angliae , which was on purpose in a dialogue with the prince of wales , to inform him of the nature of the english constitution , and to let him know by what sort of laws the realm , in which he was to succeed his father , was to be governed . and therefore he adjures him over and over again to addict himself to the understanding of the laws of his father's realm , wherein he was to succeed , fol. . a. and having shewed the prince the different nature of reahns , where a king could tyrannize , and where he could not , being restrained by politick laws , fol. . b. rejoyce therefore ( says he ) most excellent prince and be glad , that the law of the realm in which you are to succeed is such , for it shall exhibit and minister to you and your people no small security and comfort . but out of that excellent book which i believe no way warped , ( for then it must lean towards the court , partly because of the flattery and officiousness which is too often found in dialogues with princes , and partly because the author was retained on the crown side by the greatest office in england ; ) i will confine my self to those passages only which relate to the frequency of parliaments . and the first i meet with is in his th chap. concerning the statutes of england in these words . et si statuta haec , tantâ solemnitate & prudentiâ edita , efficaciae tantae , quantae conditorum cupiebat intentio , non esse contingant : concitò reformari ipsa possunt , 〈◊〉 non sine communitatis & procerum regni illius assensu , quali ipsa primitùs emanarunt . and if these statutes fall short of their intended efficacy , though devised with such great solemnity and wisdom of parliament ; they may very quickly be reformed , but not without the assent of the commons and peers of the realm , which was their source from the beginning . now i only desire that the word concitò may be taken notice of , which is the quickest word that can be imagined , and shews that our parliaments were always at hand ; and the whole passage shews for what wise and just reasons they were so . the next passage is chap. . fol. . a. neque leges angliae frivolas & infructuosas permittunt inducias . et siquae in regno illo dilationes in placitis minùs accommodae fuerint usitatae , in omni parliamento amputari illae possunt : etiam & omnes leges aliae in regno illo usitatae , cum in aliquo claudicaverint , in omni parliamento poterunt reformari . quo recte concludi potest , quod omnes leges regni illius optimae , sunt in actu vel potentiâ , quo faciliter in actum duci poterunt & in essentiam realem . ad quod faciendum , quoties aequitas id poposcerit , singuli reges ibidem sacramento astringuntur , solemniter praestito tempore receptionis diadematis sui . neither do the laws of england allow in law-suits frivolous and fruitless delays . and if in this kingdom delays in pleas which are not to the purpose should be used , they may in every parliament be cut off . yea , and all other laws used in the realm , when they halt or are defective in any point , they may in every parliament be set to rights . whereupon it may be rightly , concluded , that the laws of england are the best in the world , either actually or potentially , since they can easily be brought into act or being . to the performance whereof , as often as equity so requireth , every king is bound by an oath solemnly taken at the time of receiving his crown . out of this last passage i will not trouble you with any more observations than these ; first , that parliaments are the remedy against delays in law proceedings : but how if parliaments themselves should be delayed ? secondly , that if any or all our laws should halt , and our parliaments at the same time should be crippled too , and not able to come together ; they could not help one another . in the next and last chapter of that book , fol. . b. the prince immediately replies . princeps . leges illas , nedum bonas sed & optimas esse cancellarie , ex prosecutione tuâ in hoc dialogo certissimè deprehendi . et siquae ex illis meliorari deposcant , id citissimè fieri posse , parliamentorum ibidem formulae nos erudiunt . quo realiter , potentialiterve , regnum illud semper praestantissimis legibus gubernatur . nec tuas in hâc concionatione doctrinas futuris angliae regibus inutiles fore conjicio ; dum non delectent regere legibus quae non delectant . says the prince , my lord chancellor by the tenour of your discourse in this dialogue i am throughly satisfied , that the laws of england are not only good , but the best in the world. and in case any of the laws want to be mended or improved , the rules of the english parliaments do instruct us , that that may be done forthwith . whereupon the realm of england is always governed by the very best laws , either in reality or in possibility . and besides i conjecture that the doctrines that have been held forth in this dialogue will be very useful to the kings of england that shall come hereafter ; since no body likes to govern by laws which they do not like . after all these lauds and praises of the english laws , which the chancellor has stuck all over with stars quite through his book , and has made their perfection to center in this , that they either are or soon may be the best in the world , because in case they labour 〈◊〉 any defect , that fault may be immediately amended by a wise senate : what if that wise senate be no where to be found ; or is at no certainty ? it is then impossible to render the chancellor's latin into english. for the speedy perfection of the english laws which the prince and he are agreed is concitò & citissimè , may be rendred , either at the four years end , or the twelve years end , or at the world's end . for so i am satisfied it was meant , after a ten year's interval of parliaments , if the herb woman at edinburgh had not thrown her cricket-stool at the arch-bishop's head. and so dr. heylin i remember does not so much acknowledge that secret as justify it . it is in his little book of observations upon hammond l'estrange's history of the reign of k. charles i. says hammond , upon the dissolution of that wise parliament in . ( to whom we owe the petition of right ) all wise men concluded that there was an end of all parliaments . yes , says heylin , so they might well , the king having been troubled with their impertinencies , and having an example in france before his eyes , where parliaments have been so much discontinued , that it is become a proverb amongst them , voyons le jeu de trois estats , as the strangest sight which can be seen in an age. i have not the book now by me , but i will be answerable for the substance of this quotation , having retained this passage in my head above these five and twenty years . i can only touch several other arguments which might be enlarged upon . the high court of parliament is the dernier resort in this kingdom ; and if that fail , there may be a failure of the english justice . bracton says of an ambiguous or difficult cause , respectuetur ad magnam curiam ; but unless parliaments be frequent , such a cause is adjourned to a long day . every body that understands the english constitution knows that it is exactly the same as it was laid down in parliament ed. . by the lord chancellour that then was . you have it in sir robert cotton's abridgment of the rolls in the tower , p. . in these words . he then declared the three estates to comprehend the governance of this land , the preheminence whereof was to the king as chief , the second to the lords and bishops , and the third to the commons . now if we are at a loss or uncertainty about our parliaments , we are at a loss or uncertainty about two thirds of our government . but i will say no more upon this head , intending to shew in the following chapters , how the matter of parliaments stood in former ages . chap. ii. shewing how parliaments stood in king alfred's time , and afterwards . i chuse to begin with this period of time in king alfred's reign , because we have clear law and history to shew how parliaments stood in his time , and what law was ordained concerning them for ever . it is in the mirror of justices , which as my lord coke says in his preface to his tenth reports , was written in the saxon times , and it appears by the book it self : but several things were added to it by a learned and wise lawyer andrew horne , who lived in the reign of ed. . and ed. . antiquity enough for a book , we desire no more ; for we are sure that no common-wealths man had the penning of it . the words of the myrror are these , p. . pur le estate del royalme fist l' roy alfred assembler les comitees , 〈◊〉 〈◊〉 pur usage derpetuelle , que a deur foits per l' an on pluis-sovent , pur mestier , en tempts de peace se assemblerout a 〈◊〉 pur parliamenter sur le guidement del people d' dieu , coment gents se garderent de peche , 〈◊〉 en quiet , 〈◊〉 〈◊〉 droit per certaine usages 〈◊〉 〈◊〉 〈◊〉 . der cel estate se sierent plusiours 〈◊〉 per 〈◊〉 royes jesque al 〈◊〉 roy ; les quells dideinances sont disuses per meins sages , 〈◊〉 put default que 〈◊〉 ne sont my mise en escript 〈◊〉 publies en certeine . for the good estate of the realm , king alfred caused the counties to assemble , and ordained it for a perpetual usage , that at two times yearly , or oftner if need were , in time of peace , they should assemble at london , to sit in parliament , for the guidance of god's people , how the nation should keep themselves from sin , live in quiet , and receive right by certain usages and holy judgments . by this estate were made many ordinances by several kings down to the king that is now ; ( which says the margin was edward the first ) : which ordinances are disused by some that are not so wise , and for want that they are not put into writing and published in certain . in this passage the two times a year seem to be stationary ; the calling a parliament oftner than two times a year if need were , is plainly intended for contingencies of state , and when the ardua regni , or extraordinary affairs of the nation require an extraordinary parliament . i say , and will make out to all the world , by laws and declarations of parliament , that the king has a power of calling parliaments within the law ; but i never did , nor never will say to the end of my life , that the king can hinder parliaments appointed by law. these frequent parliaments were to meet at london in time of peace . we see then what has interrupted our parliaments both as to time and place . for london was after in the hands of the dane , and foreigners wars and tribulations came on . but the best way is to let an author explain himself , which the mirror does in telling us likewise the abusions of the law , or the contrarieties and repugnancies to right , or as he calls it , the fraud and force which is put upon law. this way of writing law is the best that can be invented , for it is the way of preaching by positive and negative , which is a two-edged sword , and cuts both ways . and the truth of it is , the negative part of the law , which lies in a little compass , oftentimes teaches us a world of the positive . for instance the articles in the roll , h. . m. . which k. richard the d . solemnly acknowledged of his own male-administration , do give us more light into the constitution , than a book of six times the bigness could do . but to come to the abusions of law which are in the mirror , p. . he says , that the first and sovereign abusion is for the king to be beyond the law , whereas he ought to be subject : to it , as is contained in his oath : though the second is my business , which is in these words . . abusion est , que ou les parlaments se duissent faire pur le salvation des almes de 〈◊〉 , 〈◊〉 ceo a 〈◊〉 〈◊〉 deur foits per an , la ne se font ils 〈◊〉 rarement , 〈◊〉 a la 〈◊〉 le roy pur aides 〈◊〉 cuilets de 〈◊〉 . et ou les 〈◊〉 duissent faire al common assent del roy 〈◊〉 de ses counties la le se font 〈◊〉 per le roy 〈◊〉 ses clerks ; 〈◊〉 per aliens 〈◊〉 autres que nosent contravener le 〈◊〉 ; eins 〈◊〉 de luy plaire ; 〈◊〉 de luy counseller a son 〈◊〉 , tout ne soit my le counsel covenable al commons del people , fans 〈◊〉 les counties , 〈◊〉 fans ensuer les rules de 〈◊〉 , 〈◊〉 dount 〈◊〉 〈◊〉 se foundent 〈◊〉 〈◊〉 fur 〈◊〉 , que sur droit . the second abusion of the law is , that whereas parliaments ought to convene for the salvation of the souls of trespassors , and this at london , and two times in the year , now a days they meet but seldom , and at the will of the king for aids and gatherings of treasure : and whereas ordinances ought to be made by the common assent of the king and his counties , now they are made by the king and his clerks , and by aliens and others that dare not contradict the king , but desire to please him , and to counsel him for his own profit , though it be not counsel which is convenient for the commons of the people ; without applying to the counties , and without following the rules of right ; whereupon there are several of the present ordinances that are rather founded upon will , than upon right . from this passage i shall only observe , that the place of a parliament's meeting is fixed , and still at london ; and that the two times a year was standing law down to king edward the first , though abusions and court-practices had broken in upon the law. now let us see how the law stood afterwards ; wherein i can only consult the books i have by me , for i have not health enough to go and transcribe the records in the tower , but take them upon content as they lie in sir robert cotton's abridgment of the records in the tower. and there in the very first page , ed. 〈◊〉 . it is ordained , que parliament serra tenus un ou deux foits per an. that a parliament shall be held one time or two times a year . here you see the twice a year is 〈◊〉 into once or twice . the next is p. . of the same bock , . ed. . the print touching the yearly holding of a parliament , cap. . agreeth with the record . now the print is , item , for maintenance of the said articles and statutes , and redress of divers mischiefs which daily happen , a parliament shall be holden every year , as another time was ordained by statute . now that statute , as i find by the statute-book , for i cannot find it in sir robert cotton , is thus . ed. . cap. . item , it is accorded , that a parliament shall be holden every year once , and more often if need be . by the reason given in the ed. . cap. . just now recited for a yearly parliament , one would think it should be a daily parliament ; because it is for the maintenance of former 〈◊〉 , and redress of divers mischiefs which daily happen : but i believe that a parliament which sits but forty days in the year are able to do that work ; concerning which we will enquire further afterwards . in the ed. . p. . the parliament's demand or petition is this , that a parliament may be holden every year ; the knights of the parliament may be chosen by the whole counties ; and that the sheriff may likewise be without brokage in court. the king's answer is this . to the parliament , there are statutes made therefore ; to the sheriffs there is answer made ; to the knights it is agreed , that they shall be chosen by common consent of every county . after these three laws in ed. d's time , we come to the first of king richard the second , p. . where the petition or demand for a yearly parliament is this . that a parliament may be yearly holden in convenient place , to redress delays in suits , and to end such cases as the judges doubt of . the king's answer is . it shall be as it hath been used . in the r. . p. . by the king's commandment one cause of opening the parliament is declared to be this . secondly , for that it was enacted that a parliament should yearly be holden . nay , if the court insist upon a yearly parliament , the country may and ought . thus stood the law of england till the caroli . when that king having discontinued parliaments for twelve years , and created a distrust of him in the breasts of his people which was just ; ( for if a prince spoil the government for twelve years together , who shall trust him in the thirteenth ? ) the nation found a necessity of having a cautionary parliament every third year , to secure their annual parliaments for the two years immediately foregoing . this is the true reason of the act for a triennial parliament , which was a perfect innovation both name and thing . for i challenge any antiquary , lawyer , or person whatsoever that has turned over books , to shew me the word triennial joined to the word parliament , from the foundation of this government till the year . a triennial parliament therefore is so far from being the constitution of this government , that if it were so , a great number of our present lords and commoners are older than the constitution , and were born before it . but as i said before , that act was only a cautionary act , as a town or gate of a city is taken in caution , for performance of articles . this appears by the first thing which is enacted in that law , namely , that the laws for a parliament to be holden at least once a year , shall hereafter be duly kept and observed . scobel's coll. car. . cap. . this act was gently drawn up , and had more of a prospect than a retrospect , and does not look back into those oppressions which king charles himself in his large declaration of august the th does acknowledge were insupportable ; which were wholly owing to this long intermission of parliaments : but it wisely provides , that in case the two first years parliaments should fail , then came a peremptory parliament , which the king and keeper might call if they pleased ; but if they did not , the counties and burroughs of england were forced to send . it is an act that executes it self , like our act for burying in woollen ; and he that will see the wisdom of it , may read it where i have quoted it . after this comes the act car. . cap. . and repeals this triennial act , because say they , it is in derogation of his majesty's just rights and prerogative , inherent to the imperial crown of this realm for the calling and assembling of parliaments ; whereupon the triennial act is annulled as if it had never been made . i wish it had never been made . but we will stop there first . it is annulled as if it had never been made : there is nothing lost by that ; for then our parliaments are where they were , which was due annual . well now let us see what alteration is made by this new act , car. . which follows in these words , sect. . and because by the ancient laws and statutes of this realm , made in the reign of k. edward the d , parliaments are to be held very often , ( that is once or twice a year ) therefore they shall not be discontinued above three years at the most . i do not use to admire consequences which i do not understand . but under favour , i would be taken right . i say , that the recital of the ancient laws of this realm does not repeal them , disannul them , anneantir , any thing , nothing ; when there is not one repealing word concerning them in that statute . i knew what i said when i wished the triennial bill of forty had never been made ; and it must be remembred that that act is as if it had never been made ; for it gave occasion to some men that came in with the deluge of the restauration , when it rained cavaliers , ( though i value all mens rights more than my own , and princes most because they are biggest ) and it prompted them to think of turning a cautionary triennial , into a discretionary . but god be thanked they wanted words to express themselves ; and if they meant it , they have not done it . but so as they did put the act together , and as it now stands , there are several things in it worth observing . st , that if there be occasion there shall be more and oftner parliaments , than once in three years . now i ask for whose sake was that clause enacted ? not for the king 's , for he was always enabled by his prerogative , for the sake of the ardua regni , to call a parliament every month in the year : well then it was for the sake of his people , that if they judged there was occasion for more or oftner parliaments , they might ask for them . for i appeal to common sense , whether it be not ridiculous , and wonderfully beneath the dignity of a parliament , when a prince was bound by his coronation oath to call a parliament once a year , or oftner if need were , ( for so the law stood , and so this prince was at that time bound ) to interpret a law after such a manner , as to say he was enabled to call a parliament oftner than once in three years . so much for that point ; the next is this . the the upshot of this act of parliament , and the conclusion of the whole act is in these words . to the end , there may be a frequent calling , assembling , and holding of parliaments once in three years at the least . i do say , that if ever we came to low-water mark in our laws about parliaments , and if ever they run dregs , it was in the time of charles the d . and yet it was enacted , and was the end of that law , that one should be called , once in three years at the least . now i leave it to the lawyers to tell , whether a proclamation can call a parliament , or any thing else besides a writ of summons and a writ for elections ? and thus have i run through the law of parliaments till t'other day , and considered what is the law at present . from king alfred's time down to edward the first , it seems to have been the standing law to have parliaments twice a year . i know that the invasions of several nations both danes and normans , and the revolutions and disturbances of state which happened , must needs cause frequent interruptions in the practice of it . but my reason to be of that opinion is this , because horne who lived in those times , says , that parliaments at that time ought to meet twice a year , and that at london , and that the intermitting of parliaments was the greatest abusion of the law but one . though i think i have still a greater authority than horn's , ( if any thing in this world can be bigger than that of an able and honest man ) ; but it is a king in his letter to the pope . it is in the clause rolls anno . ed. . m. . cedula . and is to be seen in prynne's large book p. . i will quote no more of it than is for my purpose . it is concerning the yearly tribute of a thousand marks which the popes from k. john's time claimed , and there were several years due . the pope's nuncio sollicites the matter , but the king excuses himself that he had come to no resolution in his easter-parliament , but by common advice he would give him an answer in his michaelmass-parliament next following . at present i only mind the wording and way of expressing these two parliaments . concerning the first he says , in parliamento quod circa 〈◊〉 resurressionis 〈◊〉 celebrati in 〈◊〉 consuevit . in a parliament that used to be held in england about the octaves of easter . that word consuevit amounts to custom and usage , and seems to express a parliament de more . he says , that the parliament was in octabis , and by occasion of his sickness , ( after they had made several good laws and 〈◊〉 many grievances , but not all that lay before them ) for the reason aforesaid , that parliament was dissolved , and the king could not treat with them about the pope's petition of tribute . but he promises to do the pope reason in his michaelmass-parliament which he intended . now let us see how that is express'd ; 〈◊〉 firmo scituri , pie dater et domine , quod in alio parliamento nostro quod ad festum sancti michaelis prox . , futur . intendimus , dante domino , celebrare , habito et communicato consilio cum 〈◊〉 et 〈◊〉 memoratis , 〈◊〉 super 〈◊〉 , ipsorum consilio dabimus 〈◊〉 . know for certain , pious father and lord , that in another parliament of ours which we intend to hold at michaelmass next ensuing , with god's leave ; we and the prelats and peers aforesaid consulting together , according to their advice will give you an answer upon the premisses . but i will say no more upon this head , being intent upon another . chap. iii. shewing , that the yearly parliaments were fresh and fresh . there are several ways of proving that there was a new election every year . they tell me there are writs extant for new elections for fourscore years successively , where there are but about six wanting . what if they had been all lost , imbezelled or made away ? what then , is our constitution lost , when bundles of writs are lost ? no , i will go no farther than this last letter to shew that there is a great appearance that while there were two parliaments in a year , the second must be new called . though i hate the word new applied to a parliament ; for a parliament is a parliament , and our ancestors would no more have dream'd of a stale or old parliament , than of an old moon cut out into stars . i will cite the words of king edward's letter , dated the th of june in the third of his reign , and when that 's done , let the reader make his own judgment upon them . it was in the interval betwixt his 〈◊〉 and his michaelmass-parliament . set antequam eidem parliamento propter negotiorum multitudinem quae reformatiouis remedio indigebant sinem imponere 〈◊〉 , eodem capellano vestro responsionem debitam sibi fieri instanter poitulante , 〈◊〉 gravis nos inbasit , sicut domino placuit , infirmitas corporalis , quae perfectionem multorum aliorum negotiorum , 〈◊〉 deliberationem petitionis census annui supradicti , de quo dolemus non modicum , impedivit ; sicque cum occasione infirmitatis hujusmodi , a qua per dei gratiam , cujus est perimere 〈◊〉 mederi , incepimus convalescere , idem paliamentum fuerit dissolutum , 〈◊〉 super hoc 〈◊〉 super petitione census ejusdem deliberationem 〈◊〉 cum praelatis 〈◊〉 proceribus antedictis . to this sense . but before we could put an end to that parliament , because of the multitude of grievances which lay before them , your nuncio in the mean time diligently solliciting your business , a great distemper as it pleased god befel me , which hindered the finishing of many other matters , and treating about the petition of the yearly tribute , which is a great grief to me ; and so by reason of my said illness , ( from which by the grace of god , in whose hands are the issues of life and death , i begin to recover ) that parliament was dissolved , and hereupon i could not treat with the prelates and peers aforesaid about this tribute . from this long quotation i shall only make this observation at present , that in this parliament begun in the octaves of easter ( perhaps upon may-day ) there was a great deal of business done , and a great deal of business left undone ; amongst the rest the pope's , because of the king's sickness , who thereupon could not give answers to bills or petitions ; and that the nuncio's petition was unanswered , went to the king's heart . but upon occasion of that sickness it was that the parliament was dissolved , and the pope's business hindred , to the king 's great regret . what , could not the king keep this parliament alive till the nineteenth of june , when he himself began to be well again , which is the date of the letter ? it is no more than fifty days from their first sitting down to the date of his letter , and yet though he set his heart upon the business that lay before that parliament , it was dissolved ; and to stop that gap he promises to call another parliament at michaelmass . then it seems they did not understand the method of prorogations , and it is unknown to me by what law it came in . if there be such a law , i never minded it , for i am speaking of the constitution , and not of innovations . but i believe the true reason of the abrupt disfolution of that summer parliament in conjunction with the king's sickness , was this , that if they had been held till michaelmass , though thore was then to be another parliament , it must have been at the king's charge . for i am of opinion by what i have seen even as low as richard the d's time , that the sitting of a parliament was usually forty days and that the quarantain was not duly kept in this parliament ed. . of the octaves of easter . but there was a concern in holding a parliament above forty days about the knights and burgesses wages . as appears by that memorable record which is in 〈◊〉 , p. . being the message sent by both houses to k. rich. . 〈◊〉 eltham . the words are these . dicunt 〈◊〉 quod habent ex antiquo statuto quod si rex a parliamento 〈◊〉 se 〈◊〉 〈◊〉 sponte , non aliqua , set se subtraxerit per absentiam temporis . dierum tanquam de vexatione populi sui 〈◊〉 〈◊〉 〈◊〉 〈◊〉 non curans , extunc licitum omnibus & singulis eorum absque domigerio regis redire ad propria & unicuique eorum in patriam suam remeare . in short , they say they have an ancient statute for it , that in case the king wilfully absent himself and will not come to parliament , as having no care of vexing his people , nor regard of their great expences , after forty days , they are free to go home , and the king has no wrong done him . now what is the meaning of these forty days , but that they had waited a just session ? and how should the parliament-mens wages be otherwise adjusted , when at the end of every parliament in those times they were dismissed , with desiring them to sue out their writs for their wages ? and i leave it to the antiquaries , because i am not now able to travel in that point , to consider how the several proportions of land which are allotted for the knights and burgesses in several counties for their wages , can be adjusted , without a certainty of the length of their sessions . but not a word of this is my present business , which was to shew that parliaments by the constitution are not to be stale ; as i have seen one in my time retained about nineteen years with pensions , and another for fewer years with places and turning out of places : but if a parliament were corrupted neither of these ways , yet a standing parliament will always stagnate , and be like a country-pond which is over-grown with ducks-meat . the worst king one of them that ever the nation had , was so limited by the constitution , that he did not know how to compass a long parliament , and therefore he was fain to take other indirect ways to gain the same point as if he had one . it was rich. the d . who in the articles alledged against him , and confessed by him , lets us know it was by influencing elections and false returns . the words as they stand in the rolls h. . m. . are these . . item , licet de statuto , & consuetudine regni sui in convocatione cujuslibet parliamenti populus suus in singulis comitatibus regni debeat esse liber ad eligendum & deputandum milites pro hujusmodi comitatibus ad interessendum parliamento , & ad exponendum eorum gravamina , & ad prosequendum pro remediis superinde prout eis videretur expedire ; tamen praefatus rex ut in parliamentis suis liberius consequi valeat suae temerariae voluntatis effectum , direxit mandata sua frequentius vice-comitibus mitibus suis , ut certas personas per ipsum regem nominatas ut milites comitatuum venire faciant ad parliamenta sua , quos quidem milites eidem regi faventes inducere poterat , prout frequentius fecit , quandoque per minas varias , & terrores , & quandoque per munera ad consentiendum illis quae regno fuerant praejudicialia , & populo quamplurimum onerosa ; & specialiter ad concedendum eidem regi subsidium lanarum ad terminum vitae suae , & aliud subsidium ad certos annos , suum populum nimium opprimendo . . item , although by statute , and the custom of his realm in the calling of every parliament in every the counties of england , his people ought to be free to choose and depute knights for the said counties to be present in parliament , and to lay open their grievances , and to prosecute for remedies thereupon as they think fit , notwithstanding the said king that in his parliaments he might obtain his will which was rash , often directed his mandates to his sheriffs , that they should return certain persons nominated by the king himself as knights of the shires , which knights indeed he could make plyable to him , and as he very often did , sometimes by various threats and terrors , and sometimes by gifts , to consent to those things which were prejudicial to the realm , and extreamly burthensom to the people ; and particularly to grant the same king the subsidy of wool during his life , and another subsidy for certain years , thereby too much oppressing his people . now if he could have made long parliaments , he need not have made use of these mean shifts . but he could make use of no other way , because parliaments , as i said , were fresh and fresh , and antiquity knew no other . and if any man can make out of this authentick record , that it was any otherwise , than so many parliaments so many elections , then i have done with writing and reading . chap. iv. of the kalends of may. at last i am come to search after the head of nile , and the true old land-mark of the english constitution . how parliaments stood in the british times i am not so certain ; but that there were parliaments then , i am certain . i have it from the wise gildas , that vortigern and his foolish thaynes sent to the saxons for help against the picts and scots , and took into their bosoms a warlike and fierce nation , whom at a distance they were afraid of . and they indeed of course beat those that infested severus's wall , but they made mine hosts that invited them in , hewers of wood and drawers of water . and those of the britains that opposed them , the saxons drove out of their countrey , whereby as gildas says all their records were lost . but out of that venerable author we plainly see , that the lamentable letter which was sent the year before to the senate of rome , was written by a british parliament . for whose sake i beg of all nations not to let in legions of foreign nations to be their masters , for when they want them and their protection most , they shall go without it . for when the roman legions were withdrawn out of britany , ( which caused our enemies to make an insult ) and the british parliament begg'd hard to have them return , the roman senate's answer was , that they were otherwise engaged ; and they must help themselves as they could , which made them betake themselves to the saxons . a very fair answer to a nation that was disabled and disarmed , after their kings and parliaments had been only tax-gatherers to the romans for several hundreds of years ; as if you have no true lord mayor , you must still have pageants , and somewhat that keeps up the shew . but after these early times , we have somewhat in king edward the confessor's laws , which all succeeding kings have been sworn to , which i will try what to make of . it is an yearly folkmote upon the kalends of may. i do not know readily what that yearly folkmote is , because those laws of edward the confessor say that king arthur invented it ; quod arthurus rex inclytus britonum invenit . then i am sure the original name of it was not folkmote . then we will mind the name no more , but come to the thing . sir henry spelman in the learnedest glossary that ever was writ , i will not except mr. somner's , says thus under the word gemotum . wittenagemot idem apud anglosaxones quod apud nos hodie parliamentum , parumque a folcmoto differebat , nisi quod hoc annuum esset & e certis plerumque causis , illud ex arduis contingentibus & legum condendarum gratiâ , ad arbitrium principis indictum . a wittenagemot was the same thing amongst the english saxons , as now at this day a parliament is amongst us ; and a wittenagemote differed little from a folkmote , only that this last was annual , and chiefly sat about the standing affairs of the nation : the other was called at the king's pleasure upon emergencies of state and for the sake of making laws . now let us see what the learned antiquary says concerning folkmotes by themselves in the same place , p. . in folcmoto semel quotannis sub initio kalendarum maii ( tanquam in annuo parliamento ) convenere regni principes , tam episcopi quam magistratus liberique homines . jurantur laici omnes coram episcopis in mutuum foedus , in fidelitatem regis , & in jura regni conservanda . consulitur de communi salute , de pace , de bello , & de utilitate publicâ promovendâ . in a folkmote once every year at the beginning of the kalends of may ( as in an yearly parliament ) there met together the princes of the realm , as well bishops as magistrates , and the freemen . all the laymen are sworn in the presence of the bishops into a mutual covenant with one another , into their fealty to the king , and to preserve the rights of the kingdom . they consult of the common safety , of peace , of war , and of promoting the publick profit . it follows in the next words , adhibetur praeterca folcmotum in repentino omni discrimine , exigente etiam necessitate , sub aldermanno ( hoc est comite ) cujuslibet comitatus . besides a folkmote is used in every suddain danger , and likewise if necessity require it , under the alderman ( that is the earl ) of every county . this last is plainly a provincial folkmote in time of necessity ; but the former part of the sentence seems to intimate , that upon a surprize when the king had not time to call a parliament , the last folkmote met ; as the last westminster parliament did , to give the prince of orange the administration , before it was possible to have a parliament elected . though the former description of the general and not the provincial folkmote is our present business . and at the first sight it looks like a full parliament , for it consists of the princes , as well bishops as magistrates , and the freemen ; that is to say , the chiefs of the whole nation . and they are employed in parliament-work , for they consult of the common safety , of peace , of war , and promoting the publick profit . and did not the general title of our laws every session run thus ; to the high honour of god , and to the profit of the common-wealth ? if ever there were wites in parliament , sure it was princes , as well bishops as magistrates , and the freemen . why then does this learned knight distinguish betwixt a wittenagemote and a folkmote , seeing they were both made up of wites ? i am governed by things and not by words , and am throughly satisfied that an assembly which does parliament-business is a parliament . and no doubt the folkmote made laws ; for it is not to be supposed that an assembly of the whole nation should sit consulting forty days of peace and war , of armies and fleets , ( which in those days were three thousand ships , and were able to make out the dominion of the seas ) ; of the grievances of the nation , and the redress of those grievances ; and of providing for the common profit of the realm ; and after all not to be able to enact their own conclusions . that is just as if our present parliament should spend forty days in finding out ways and means for the raising money , and afterwards were not able to put them into a law : or as we private men use to consult and debate , and settle the nation over a dish of coffee , without being able to oblige one single man to our orders . the thing which misled this great antiquary ( as i conjecture ) to make this mark of difference betwixt a folkmote and a wittenagemote , as if a wittenagemote made laws and a folkmote nor , is this ; that when the saxon kings issued out their laws , they said they had passed in their wittenagemote , concilio sapientum , or council of wise men : and it was proper for the king to call his folkmote by that name , though not for them themselves . as for instance , the writs of election at this day call for some of the discreetest to be chosen to parliament , though the members do not assume that title : and i know so much of the old english genius , that they would no more have called themselves a wittenagemote , than this present parliament would call their votes which come out day by day , journal de sqavans . but i will wave conjectures even in antiquities , ( though we are there oftentimes forced to go in the dark , to tread upon ruins , and to feel out our way ; ) because i have direct proof that the folkmote made all the laws we ever had . and for this i will go no farther than to the third branch of the usual and accustomed coronation oath taken by the former kings of england , and taken twice by richard the second , hen. . membr . . inter decem scriptores , p. . in these words , spoken to the king by way of question . concedis justas leges & consuetudines esse tenendas ; & promittis per te esse protegendas & ad honorem dei corroborandas quas vulgus elegerit , secundum vires tuas ? respondebit , concedo & promitto . do you grant that the just laws and customs which are of the folks chusing shall be kept , and do you promise that they shall be protected , and to the honour of god receive affirmance by you , to the utmost of your power ? the king shall answer , i grant and promise . now i would fain know , how a folkmote can be otherwise expressed in latin than by the word vulgus , which is a collective word : or how the vulgus or folk could chuse laws any otherwise than in a folkmote ? i will not enter into the stiff dispute which exercised king charles the first and his parliament for a long time , whether the word was praeter tense or future , and whether the word was best rendred in the french translations , the laws which the folk auront esleu , shall have chosen , or which the folk eslieront shall hereafter chuse ; whereupon they said that he was bound to sign and affirm all the laws they should hereafter present to him , and that he could not make use of a negative without perjury . i say that that whole dispute was not worth a farthing . for if the folk chose the laws all along down to king richard the second's time , and the kings were sworn to affirm them , then we know how the laws antiently were made ; and who cares whether eslieront or choosing for the future be the sense of the word or no ? for if the folks choosing was the constitution in k. richard the second's time , then i would fain know in what king 's reign it was afterwards that the constitution was altered . in short , the folk chose the laws ; and i believe the english folkmote and wittenagemote will be found to be old homer's river , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . which the gods call xanthus , but mortal men call scamander . now though scamander be the homelier name , yet it is the same river . i cannot but say there was some difference betwixt the folkmote upon the kalends of may , and the folkmotes which the king always called for his ardua contingentia or contingencies of state : but the difference lay only in this , that the folkmote of the kalends of may was a parliament de more , and of course , who assembled themselves , sub initio kalendarum maii , says spelman , and were bound to do so , in capite kal. maii , say the laws of edward the confessor , cap. . de greve ; ( and out of that chapter has sir h. spelman extracted his true account of a gerneral folkmote , which was anniversary : ) whereas a wittenagemote or extraordinary parliament or folkmote was summoned at the king's pleasure , and was ever at his call both for time and place . other difference i can find none . for as for the constituent parts of a folkmote , if the princes of the realm , as well bishops as magistrates , and the freemen , cannot denominate a wittenagemote , i know not where the king will find his wites , or wise-men . i have spoke to that point already . i have likewise spoken to the point of the folkmotes making of laws . we find indeed the saxon kings in the preface of their laws which were made in extraordinary parliaments , decreeing with their wites , ( 〈◊〉 〈◊〉 〈◊〉 ) some at greatanlage , and at midwinter afterwards at eaxcester , as king athelstan ; some at 〈◊〉 at the holy easterly tide , as king edmund ; others at wodestock in mercialand , and others at winchester . whereby it appears that the kings of england had a power to summon parliaments when and where their weighty affairs required them , in all places of the realm , and at all seasons of the year . this is an undoubted prerogative lodged in the king for the sake of the ardua contingentia ; and no man would govern a kingdom that could not command the advice and assistance of his subjects to be forthcoming , when the occasions of the kingdom required it . and for the sake of these ardua negotia , the knights , citizens and burgesses are to be impowered to act in parliament-business by those that sent them ; lest for want of that full and sufficient power , or by means of an improvident election , these arduous and weighty affairs of the kingdom should in any wise remain infecta , or be left undone . this is contained in the present writ of elections directed to every sheriff of a county at every election of parliament-men . but that is not my present business , for i am in a further search after the annual or rather the anniversary folkmote . chap. v. concerning the first founder of the yearly folkmote of the kalends of may. before i proceed any further i must clear one point . and that is , that we find the author and founder of our yearly folkmote mentioned in the laws of edward the confessor , ( which were recited and confirmed by k. william the first ) under the title de greve , chap. . which may possibly leave a suspicion that this yearly folkmote of the kalends of may was a greve's court. now what court should this be , belonging to a greve , or any count or viscount , or president whatsoever , for greve is an ambiguous word ? it is not a burghmote , for that is three times a year by the saxon laws . it is not a county court , for that by edward the senior's laws , n. . was in these words . ic wille that aelc gerefa haebbe gemot a ymb feower wucan . i will that each greve have a gemot at about four weeks . so that there were twelve in the year . it was not the sheriffs turn , or le 〈◊〉 del 〈◊〉 , for that was twice a year ; 〈◊〉 scirgemot on ger , by the laws of king edgar , cap. . it is not the gemot for the view of weapons or arms , which every freeman in england was charged with , and was bound to shew once every year , and , as was wisely contrived , all in one day throughout all england ; but that day was not in our kalends of may , but the morrow after candlemass , crastino purificationis b. m. and therefore i cannot for my life make any thing else of an universal anniversary full folkmote , which is but semel in anno , scilicet in capite kal. maii , but a stationary parliament : especially considering who they were and what they did . the next thing to be considered is the author or founder of this ancient constitution , which we have in the aforesaid chap. de greve , num. . amongst the laws of good king edward . hanc legem invenit arthurus , qui quondam fuit inclytissimus rex brytonum , & ità consolidavit , & confoederavit regnum britanniae universum semper in unum . this law of the anniversary folkmore arthur invented , who was heretefore the most renowned king of the brytons , and thereby he consolidated , and confederated together the whole realm of britany for ever as one man. it is good to honour the founders of all useful constitutions ; and i believe that 〈◊〉 arthur was the inventor of this as to this realm ; because these laws of k. edward say so : and so was cadmus the inventor of letters in greece , though we 〈◊〉 trace them out of phoenicia ; and the letters speak for themselves . for if it be aleph , beth , gimel , daleth in one place , and in the same order it is alpha , beta , gamma , delta in the other place , then we are sure there has been an understanding and communication . for it is impossible to be otherwise when the alphabets are settled on both sides , by being their numeral letters ; as it was plainly in king david's time by the octonaries of the th psalm , as it stands in the middle of the bible ; and as it was in homer's time in greece ; or else the old scholiasts have deceived me , who say that homer purposely couched the number of all his books in the first word of his iliads 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . which numerals stand for . the greeks likewise taught the welch to tell twenty , and i believe they taught the romans too . now by the same rule , if there was a very ancient folkmote in the neighbouring kingdom of france upon every kalends of may , then perhaps king arthur borrowed from them ; and it is good to look upon their kalends , because it is possible they may give light to ours . the french kalends of may lie thus in radulphus de diceto , a famous dean of paul's in king john's time , whose history was thought so authentick , that the english parliament , in edward the first 's time , relied upon his testimony , amongst some others , in no less a point than the claim of the king of england , to the supream dominion of the realm of scotland . as to our present business he has these words , abbreviat . chronicorum , pag. . abhinc francorum regibus à solita fortitudine & scientia degenerantibus , regni potentia disponebatur per majores domus , regibus solo nomine regnantibus ; quibus moris erat principari quidem secundum genus , & nil agere vel disponere praeterquam irrationabiliter edere & bibere domique morari , & kal. maii praesidere coram totâ gente & salutari , obsequia & dona accipere & rependere , & sic secum usque ad alium maium permanere . i will render the sense of it into english as near as i can : however the latin lies before every man to translate it for himself . from henceforward the french kings degenerating from the valour and learning which they used to have , the power of the kingdom was administred by the masters of the palace , the kings themselves being upon the matter only titular ; whose custom it was to come to the crown indeed according to their descent , and neither to act nor order any thing , but to eat and drink unconscionably and to live at home , and upon the kalends of may to preside in an assembly of the whole nation , and there to be addressed , to receive their allegiances , and aids or benevolences , and to remercie them , and so to retire to the same life again till another may came . this french kalends of may , is so much a picture of ours , that i know not which is the copy , nor which the original . their's was an assembly of the whole nation ; so was our's . annual and anniversary ; so was our's . it was 〈◊〉 gens kal. maii , in france . our folkmote looks extreamly like it in those two strokes . statutum est enim quod ibi debent populi omnes , & gentes universae singulis annis , semel in anno scilicet convenire , scilicet in capite kal. mati . for it was appointed by statute that all the people and counties universal should meet together at the folkmote each year , namely , once in the year , namely , in the beginnings of the kalends of may. the king used to have fine speeches made to him in france ; so had we . they swore allegiance to him ; so did our folk . they gave him gifts ( it was not new-year's tide ) aids , benevolences , call them what you will ; and our people at the same time , as sir h. spelman said above , consulted of peace and war , which cannot be managed without ways and means of raising money , which is the sinews of war , as laws are of peace . the word rependere at last in the french kalends looks so like our french form of the royal assent given to a money bill , le 〈◊〉 remercie ses loyals sujects , that i knew not how to render the word rependere , any otherwise than i did , by the word remercie . i know that the year , was below k. arthur's time , but it appears that when the french government was utterly spoiled in the merovingian family , as to the other points , still they retained the old custom of the kalends of may ; so that it was of much greater standing . the conclusion . and thus i have finished what i at first propoundded ; but under such difficulties and disadvantages of a broken health , as i do verily believe never book was written . and for that reason , i am certain that the very great personages to whom i ventured to offer it , ( though it was upon presumption of a better performance ) will bear with it ; to whom i wholly submit it with all deference : and if one single word of it should happen to be against law , i here revoke it before hand . and for the same reason i earnestly desire all antiquaries and learned men to look further into this matter , because i my self cannot : and as they see cause , either to confirm or confute my notion , which is indifferent to me , because i only seek truth . i do not speak thus doubtingly concerning annual parliaments , for i am positive in them ; but if people will have the utmost of antiquities , and the very original of the wisest and justest government in the world , they must sometimes be content to read with letters that are somewhat worn ; though i have been of opinion for many a year , that the kalends of may were very legible . and i am sure that i have by this time gained my point , which was to set wiser men upon thinking . i was afraid that this government would float and move upon the face of the waters , till we were at a certainty about our parliaments ; and therefore when i waited upon my lord devonshire before the coronation , and it is my fault i have not done it often since , i said that we were never the better for this revolution till we had a settlement of parliaments , and our ancient right was anniversary parliaments , and that nothing else could set the government to rights . knowing how much he had assisted the king , and seeing the white staff in his hand , i concluded upon his interest with the king , and therefore said ; my lord , you may make a complement of this matter to the king , and tell him that we must have good laws , in a good reign , or never , for we cannot have them in a bad one ; but the laws made in a good reign are to support us when a bad one comes , as the seven years of plenty in egypt , sustained the seven years of famine . it breaks no rules to repeat my own discourse to his lordship , and to say that he gave me the hearing , nor to say that a certain knight pulled me by the sleeve , which had no other effect than to make me speak the more , and the more earnestly to my lord in that matter . likewise when mr. johnston the present secretary of state for scotland , told me in the court of requests , that the bill of rights was going up to the house of lords , i wish'd at that time that all the rights were reduced to one line which was our right , to have a parliament every kalends of may. i tell these old stories to shew that i was always of the same mind , and that no court neglects nor disappointments have altered me ; and i will love this court whether they will or no , for i am sure that i laid the bridg that brought them over , and am pretty certain that they did not come hither in virtue of passive-obedience . finis . errata . p. . l. . dele the. p. . l. . for , the year before , read , some few years before . notes, typically marginal, from the original text notes for div a -e e. . c. . e. . c. . an. dom. . l. l. ed. cons. cap. . de greve . a true and perfect narrative of what was acted, spoken by mr. prynne, other formerly and freshly secluded members, the army-officers, and some now sitting in the lobby, house, elsewhere, the th. and th. of may last ... by william prynne, esq. ... prynne, william, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing p estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a true and perfect narrative of what was acted, spoken by mr. prynne, other formerly and freshly secluded members, the army-officers, and some now sitting in the lobby, house, elsewhere, the th. and th. of may last ... by william prynne, esq. ... prynne, william, - . [ ], p. printed for edw. thomas ..., london : . errata: p. . reproduction of original in yale university library. marginal notes. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- parliament. great britain -- politics and government -- - . - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - olivia bottum sampled and proofread - olivia bottum text and markup reviewed and edited - pfs batch review (qc) and xml conversion a true and perfect narrative of what was acted , spoken by mr. prynne , other formerly and freshly secluded members , the army-officers , and some now sitting in the lobby , house , elsewhere , the th . and th . of may last . the grounds inducing mr. pr. to go into the house : the evidences , reasons , by which he intended to demonstrate to them : that their new-common wealth , ( or good old cause ) was originally projected by the iesuites , and other forein popish enemies , erected by the army officers , and those now convened , as their seduced instruments , to destroy our protestant religion , church , king , kingdoms , parliaments , laws , liberties , with the visible effects thereof since its erection ; that the old parliament was absolutely dissolved by the kings beheading , notwithstanding car. c. . that the commons sitting since . and now , neither are , nor can be the house of commons , much lesse the parliament within that act. that our hereditary monarchy , is the divinest , best , happyest , durablest of all other governments ; and its speedy restitution , the only means to prevent impendent ruine , and restore our pristine peace , safety , honour , vnity , prosperity , both in church and state : with some seasonable applications to the army , the sitting , secluded members , lords , and all well wishers to the publick . by william prynne esq a bencher of lincolns inne . printed and published to rectifie the various reports , censures of this . action ; to give publick satisfaction to all members of the old parliament , the whole english nation , especially those vianders and free burgesses of the borough of newport in cornwall , ( who without mr. p. his privity or liking , unanimously elected him for their burgesse , anno . though soon after forcibly secluded , secured , and now twice re-secluded in like manner by the army-officers . ) of his sincere endeavours to the uttermost of his power , to preserve our religion , fundamental laws , liberties , government , the essential rights , privileges , freedom of parliament , and all we yet enjoy , according to his oaths , covenant , trust , as a parliament-member , against the utter subverters of them , by a new republick , meer armed force , arbitrary will , and tyrannical power , through the apparent plots , seductions of our professed forein popish adversaries and their instruments ; here clearly detected in their native colours , fruits . psal. . . i will not be afraid of ten thousands of men , who have set themselves against me round about . psal. . . though an host should encamp against me , my heart shall not fear ; though war should rise against me , in this will i be confident . london printed for edw. thomas at the adam and eve in little britaine , . a true and full narrative of what was done and spoken by and between mr. prynne , other secluded members , & army officers , &c. on the th . day of this instant may mr. prynne walking to westminster hall , ( where he had not been six daies before , ) meeting with some old secured and secluded members of parliament , summoned by king charles his writ and authority , for these only ends ( expressed in all writs of summons to the lords , and of elections issued to sheriffs of counties for electing knights , citizens , and burgesses of parliament , and in the indentures themselves by which they were retorned members ; ) to confer and treat of certain great and ard●ous affairs , concerning the defence of the king , kingdom , and church of england , and to do and consent to those things which shall happen to be therein ordained by common counsel , ( of the king , lords , and commons , ) touching the aforesaid businesses : which parliament began at westminster the third day of november , . they shewed him a declaration of the officers and counsel of the army , made in such hast and confusion , that they mistook the month wherein they made it , dating it april . instead of may . published by them that morning , ( which declaration the day before , was presented to the speaker of the said parliament , at the rolls , by divers officers of the army , in the name of col : fleetwood , and the counsel of officers of the army , in presence of many members of the said parliament ) containing their earnest desire , that those members who continued to sit since the year . untill the th . of april , . would return to the exercise and discharge of their trust , ( expressed in the foresaid writs and indentures alone by those who impowred , elected , & entrusted them as their representativs , without any other forged new trust whatsoever , inconsistent with or repugnant to it ) promising their readiness in their places as became them , to yield their utmost assistance to them to sit in safety , for improving the present opportunity for setling and securing the peace and freedom of this common-wealth ; praying for the presence and blessing of god upon their endeavours ; who after they had sate many years in performance of the trust reposed in them by the people , and being in the prosecution of that duty assembled in parliament at westminster , upon the th . day of april . were then interrupted and forced out of the house from that time untill this very day : of which force they seemed in this declaration unfeinedly to repent , by an actual restitution of the members formerly forced thence , much more then of that * greater and more apparent force of whole regiments of horse and foot drawn up to the house it self in a violent maner , dec. . . where they seised , secured mr. pr. with above forty , and secluded , forced away above members more of the commons house , only for the faithfull discharge of their trusts and duties therein , according to their oaths , protestations , vows , covenants , consciences , wherin most think they first turned out of the way , by wandring into other wayes from righteous & equal paths ; which members though they do not particularly invite to sit again , yet they having proved no breach of trust against them , do not in the least measure intimate , that they would forcibly seclude them from sitting if that parliament should be publickly voted still in being by vertue of the statute of carol● c. . as they in their counsel of the army have actually resolved , by their invitation of the members thereof to sit again , as mr. p. & those members who shewed it to him conceived upon their perusal thereof . mr. p. being after informed , that the old speaker and sundry members of the long parliament were then met in the painted chamber to consult together in order to their meeting again in the house , was moved to go thither to them which he refused , because it was no place where the house of commons ever used to meet or sit as an house , but only as a committe upon conferences with the lords : soon after mr. p. heard by some members and others , that the old speaker and about forty members more , with the mace carried before them , were gon from the lords house into the ho. of com. & there sate as an house by vertue of the stat. of car. c. . and their old elections by the kings writs ; vpon which there being then above of the old secluded members in decemb. . in the hall ; they did think fit and agree , that to avoid tumult , about . or . of them , in the name of the rest , if freely admitted without any seclusion , or engagement ; should in a friendly manner , desire to know of them , upon what account they did now sit there thus sodainly and unexpectedly , without giving any convenient notice or summons to all the rest of the members to sit with them ? if only by vertue of the act of caroli ch . . thus penned . be it enacted and declared by the king our soveraign lord , with the assent of the lords & commons , that this present parl. now assembled shall not be dissolved , unless it be by act of parliament to be passed for that purpose ; nor shall any time or times during the continuance thereof , be prorogued or adjourned , unless it be by act of parliament , to be likewise passed for that purpose . and that the house of péers shall not at any time or times during this present parliament , be adjourned , unless it be by themselves or their own order . and in like manner . that the house of commons shall not at any time or times during this present parliament , be adjou●ned , unless it be by their own order . and that all and every thing or things whatsoever done or to be doue , for the adjournment proroguing or dissolving of this present parliament ; shall beutterly void and of none effect : then they intended to send for the rest of the members walking in the hall to come in unto them : and to move , that all surviving members of this parliament , might by joynt consent particularly be sent to , and invited to meet and sit in the house at a convenient day , before any vote or order passed by thē then sitting , thus sodainly convened without any notice ( which would be interpreted rather a surprize , and un-parliamentary practice , both by the absent members and the whole nation , than any obliging parliamentary vote or order of the house ) and more discontent than invite the absent unsummoned members unto them , making the publike rent greater than before . and when they were there assembled , that in the first place they might freely & fully debate this question , ( wherein there were different opinions between the members themselves , and other learned lawyers ; ) whether this parliament was not actually dissolved by the late kings forcible death ? which is clearly m. p. his opinion formerly published ) or , whether it was not still in being , by vertue of this act , notwithstanding the kings death , or any other thing or things done already by the army-officers or others for the adjourning , proroguing or dissolving thereof ? if it should upon such debate be voted by the majority of the house to be really and legally dissolved ; they held it their duties and theirs now sitting , to acquiesce therein , and act no farther as a parl. but if voted still in being , they all held it their duty , to sit and joyn their best counsels and endeavours to settle the government , peace , safety of our distracted church and nations , now more shaken , unsetled , endangered in their apprehensions than ever , and would submit their private contrary opinions in this ( as in all other votes ) to the over-ruling judgement of the whole house ; as the only hopefull way to revive the antient constitution , rights , privileges of parliament ; and resettle us upon lasting foundations of peace and prosperity . upon these resolutions alone , & none other , which mr. p. intended to propose to those then sitting , he went to the l●bby door of the commons house , accompanied with sir george booth , mr. arthur annesley , sir iohn evelyn , mr. th. gewen , mr. charles rich , mr. mountague , mr. ri. knightly , mr. hungerford , and one or two more ; which being shut to keep out the people crowding on the stairs to get in , through whom they could hardly pass ▪ m. p. knocked twice or thrice , but could get no admittance , till the doer being opened to let out m. nye & som other ministers , mr. p. with sir geo. booth and mr. annesly , being formost , pressed into the lobby ; and then the door being shut & bolted again , mr. p. unbolted & held it open till the rest came in ; where they finding mr. iohn and mr. iames herbert standing in the lobby , acquainted them with their intentions to go then into the house , who resolved to go in with them . coming all up towards the house door , which was shut and kept guarded ( as it presently appeared ) by som officers of the army ; mr. p. required them , to open the door to let them in , being all members of the old parliament ; who thereupon demanded ; whether they had continued sitting in it since . to ? m. p. & the rest all answered , that being members of the old parliament , they would give no account to thē or any others of their sitting , but only to the house it self wherof they were members , being contrary to the privilege of parliament , which they & others were obliged inviolably to maintain : upon which demanding their names , they said ; that if they would send in a note of their names to the house , and they ordered them to come in , they should be admitted . whereto mr. p. replied , we yet knew not who were within the house , nor whether they were yet sitting , nor upon what account they sate ; nor was it agreeable with the custom or privilege of parliament for one member to send tickets to his fellow members for free admission into the house , being all equals , and having an equal right freely to enter into it at all times , as well as they ; nor was it their duty thus to capitulate with members , but obey their just commands in opening the door : which they ●till refusing , mr. p. demanded , who and what they were , being all strangers to them ? and by whose authority , or order they thus forcibly kept them out ? they answered , they were officers of the army , and had sufficient authority to keep thē out , if they had not sate since . till . mr. p. demanded , from whom they had their warrant , since they could have none from those within , being but newly entred ; and none else could give thē such a warrant , nor they within before they heard them , and gave good reason for it ; demanding them to produce their order , if they had any in writing , that they might know by whose authority they were thus forcibly kept out ; demanding their several names twice or thrice , wherwith they refused to acquaint them . upon this m. p. told them , they doubted of their authority , orders thus to seclude thē , because they were either ashamed or afraid to tell thē their names , when as they told them theirs : that they knew not whether they were officers of the army , or not , unless they knew their names , that so they might inquire the truth of it , or saw their commissions : and if they were army-officers indeed , they had published a printed decl. in all their names that morning , inviting ( as they conceiv'd ) all members they formerly secluded , to return & sit again in the house to discharge their trusts : wherin they professed their former force upon , & seclusion of them , to be a backsliding , and wandring into unrighteous paths ; which they seemingly repented of ; promising to yield their utmost assistance to them to sit in safety ; and praying for the presence and blessing of god upon their endeavours : and if now within few hours after this remonstrance published , they thus highly and publikely violated it in the view of all there present , by returning to their former backslidings and unrighteous paths ; in secluding those who were members afresh , and violating their own declaration , none would henceforth credit them , or it . upon which one of them told m. p. he knew he was none of them who sate since . till . therfore they were not bound to let him in , being not within their declaration . who retorted , he thought their repentance had been universal , not partial ; of all their forces upon the house and members , especially of their greatest dec. . . when they not only secluded , but secured and imprisoned him and more in hell , and other places , & forced away . times as many more for discharging their trusts , & asserting the true good old cause ; against their commissions , trusts , protestations , and printed remonstrances ; which if they would look back upon and well consider ( as they proclaim they had don in their new decl. ) they would find to be one of their greatest backslidings where they first turned out of the way , which caused god to withdraw his presence and good spirit from them ever since , and give them up to the prosecution of a new romish good old cavse , which had brought us into a sad posture , occasioned many vicissitudes of dangers , and caused god in his providence to make all their essaies to settle us , utterly ineffectual ; to convince them of & reclaim them from their error : which they now pursued afresh , as vigorously as ever : that for his own part after his impisonment by them against both lawe and privilege in . in sundry places , he was again forcibly seised by some of the army in his house in . and kept a close prisoner near . years under armed guards of souldiers in . remote castles farr distant frō th●se th●n sitting : therfore they could not make their unrighteous imprisonment of him then without any cause or hearing , a just ground to seclude him from sitting now . but all these expostulations of m. p. and others , not prevailing , they desired all present to take notice and bear witnes of this high affront and brea●h of privilege in this their forcible seclusion ▪ and so departing mr. knightly meeting major general lambert in the lobby , complai●ed to him of this forcible seclusion ; who gave him a civil answer to this effect ; that things were now in an hurrie , and their entring at this time into the house might causes me disturbance , but doubted not such course would be taken by the officers of the army in few daies , that none should be forcibly secluded and so they went from the lobby into the hall from whence they came , acquainting those members they left there with the premises . after some conference with one another , it was thought fit they should meet about . a clock in the evening under lincolns inne chappel , and in the mean time that every one should inquire , what old secluded , or secured members were now in town , and how many members of the long parliament were yet living , chosen or sitting before december . . when they were first forcibly secluded by the army . some met accordingly , and upon conference found , there were about secluded members then in london and westminster ; being near double the number of those sitting that day ; and above members of all sorts yet living , chosen or sitting in the commons house before decemb. . over and above those that now sate ; all which they conceived ought in justice to be summoned by the speakers letter , freely to meet and sit in the house at a convenient time to be agreed upon ; in order whereunto some ten of them met in the counsel-chamber of lincolns inne ( where the old speaker used to sit in counsel as a bencher with the rest of the benchers concerning the affairs of the society ) as the fittest place to write down a catalogue of all the surviving members names , by the help of their memories and the printed list of them ; which having finished , they departed , agreeing to meet in westminster hall about of the clock on monday morning , whither m. p. carried the list of the names he had formerly written , digested into an alphabetical order , to communicate it to other members , those that sate meeting on the lords day , adjourned their house till ten of the clock mond●y morning : but the courts not sitting in vvestminster-hall that day , mr. p. found the hall very thin , & few members in it . whiles he was standing in the hall expecting those who promised to meet there , he was twice informed one after another , that there were no guards at all at the house d ▪ or , that any person might freely go into it without examination , there being but few members within , and the doors standing open . whereupon he spake to or members there met , to go along with him into the house , and if they were freely admitted , to give notice of it to the rest to follow after if they pleased : some of them were unwilling to go being formerly repulsed , thinking it better to make a narrative of their former forcible seclusion on saturday , and to signifie it by a letter directed to the speaker , subscribed with their names , which mr. p. conceived superfluous , since the door now stood feeely open to all without any guards to seclude any , and that , as he apprehended , in pursute of major general lamberts promise to mr. knightly : and it would be idle to complain of that force by letter , wherewith they might now acquaint those then fitting by their own mouthes , if there were cause . vpon which ground , m. prynne , mr. annesly , and mr. hungerford about ten of the clock went to the house , where the doors of the lebby & house were at first knock opened to them by the ordinary door-keepers , upon their telling thē they were members , ( there being no guard at either door : ) who delivered to each of them as members , a printed paper intitled , a declaration of the parliament assembled at westminster , saturday . may , . they found not about . of . of those who sate , within the house , who courteously saluted them : after some short discourses , mr. annesly , and mr. hungerford leaving mr. prynne in the house , ( out of which he resolved not to stir upon any occasion , for fear of a new forcible seclusion ) went back into the hall to acquaint the members in it , they might freely enter if they pleas●d : mr. annesly returning , was forcibly kept out from re-entring by some soldiers , sent thither ( as he conceited ) for that purpose . wherwith he acquainted mr. p. by a note , desiring to speak with him at the house door ; which being opened , mr. annesly pressed to go in to speak with him , but was denied entrance , unless he would give his paroll presently to come out again and not stay in : whereupon he said . though they had often broken their parolls with them , yet he would not break his parol ; but would come forth so soon as he had spoken with m. p. which he accordingly performed . after this mr. p. had conference with divers members as they came in , who said they were glad to see him in health , and meet him there again . the house being thin , m. p. turned to the statute of caroli , c. . reading it to himself ; and after that to two other members : telling them , it was a doubt , whether the old parliament was not determined by the kings death , notwithstanding that act ; which was fit to be first freely debated in a full house , before ought else was done . upon which they demanded , why he came amongst them , if he made a scruple , or thought it to be dissolved ? who answered , to have it fully debated and resolved in a full and free house . after which sir arthur hasterigge coming in , mr. p. saluted and told him , he was glad to meet him again in this place : who presently answered , he had nothing to do to sit there as a member , being formerly secluded . whereto he replyed , he had as good right to sit there as himself , or any other member whatsoever , upon the account of the old parliament , if in being : having acted , written , suffred more in defence of the rights and privileges of parliament , than himself , or any sitting with him . upon which sir henry vane coming in , and stepping up to them , said in a menacing manner : mr. prynne , what make you here ? you ought not to come into this house being formerly vo●ed out , i wish you as a friend quietly to depart hence , else some course will be presently taken with you for your presumption : which sir arthur seconded , telling him , if he refused , that there would be a speedy course taken , and a charge put in against him , for his meetings on saturday , and actings against the house . to which he replied , he had as good , if not a better right to sit than either of them : that he knew of no vote to seclude , nor of any there who had right or power to vote him out , being equally intrusted with themselves for the whole nation , and those he represented : that he was never convicted of any breach of his parliamentarie trust , and hoped they would have both the justice and patience to hear , before they voted him out : and then he doubted not to make it appear , themselves were greater infrinegers of their trusts , and more worthy to be voted out than himself . as for their charge and menaces , he was no way affrighted with them : it being as free and lawfull for him and other members , to meet and advise together both as members and freemen of england , for preservation of themselves , the peoples rights and parliaments privileges , when forcibly secluded , as they did on saturday ; as for themselves , or the army officers to meet privately and publickly both in and out of the house , to deprive them of their privileges , as they had oft times done of late : that these high menacing words , were a very ill performance of their new published declaration , delivered him at the door : that they were resolved ( by the gracious assistance of almighty god ) to apply themselves to the faithfull discharge of their legal trust ; to assert , establish and secure , the property and liberty of the people in reference unto all , both as men and as christians . ) which if they should publikely violate , & null by any unjust charge , or proceedings against him , who had suffered so much , both as an english freeman , christian , and member too ( by their years close imprisonment of him without cause or hearing ) under their new free-state , when first erected , and now again upon their very first reviving of it , though a member , only for coming into the house and meeting with other members , to claim their rights : it would highly reflect upon their intended new free state , and make all out of love with it . after which , they going up with other members into the committee chamber , to consult how to dispose of or get him out of the house , about half an hour after they all came down into the house , where mr. p. continued sitting : the speaker being come in the interim , they first concluded to goe to prayers , then to sit as an house : whereupon all taking their places , mr. prynne took his place too where he usually sat before , resolving not to stirr thence : which sir arthur and sir henry observing , after some whisperings with the speaker and others next them ; though the cushion was laid , and order given to call in the chaplain to pray , yet they countermanded it , telling the speaker , it was now somewhat late , and they could dispatch little before dinner : therefore they would by agreement , without any adjournment , presently rise and go to dinner , and then sit in the afternoon about one a clock , and the speaker in the mean time might dispatch a business he said he must needs doe . vpon which they all rising , mr. p. continued in the house till most of them ( being about . with himself in his computation ) were gone out , lest they should return and sit so soon as he was gone , his presence there , being the sole cause of their not fitting . mr. prynne then going out after them , found a guard of souldiers with halberts at the door , and a troop of horse in the pallace yard ; which were purposely sent for to keep out the other members , and mr. p. if he returned , as the sequel proved . mr. p. having acquainted some secluded members in the hall with these passages in the house ; who agreeing to send a letter to the speaker touching their forcible seclusion on saturday , he returned to lincolns inne , where he dined in the hall : immediatly after dinner he repaired to westminster , with a resolution to goe into the house if admitted ▪ or protest against the force if secluded by the army gards there placed : he found an whole troop of horse , in the palace yard , and a company of foot on the stairs , and court of requests , drawn thither to keep him and other members out ; whereupon he walked in the hall til past . a clock , expecting the speakers coming , with whom he intended to enter ; at last , being informed that he went the back way without the mace , and was gon into the house ; mr. p. to avoid tumult ( a company of unknown persons in the hall going after to see the issue ) went purposely forth towards the abby , till all were gone from the steps ; and then going up only with one of his acquaintance , ( no member ) he found the door and stairs before the lobby strictly garded with red-coats , who with their halberts crossed the door and steps so thick that none could pass : whereupon mr. p. demanded entrance , saying , he was a member ; and they being ignorant who he was , permitted him to pass through their pikes into the lobby , but secluded his friend from going up with him . when he came at the house door to enter , several officers of the army there placed ( one of them sitting in a chair ) told him , that he must not enter , and that they had special order to keep him out of the house : wherupon he protested against this their forcible double seclusion of him , as an high contempt and breach of privilege , contrary to their own and the sitting members declaration published that day ; demanding in the name of all the commons of england , and those for whom he was elected , free admission for himself and other members they kept out by a visible force of horse and foot ; which was a worse and more real levying of warre against the pa●liament , then the beheaded king or his party were guilty of ; whose imprisoning , prosecution of members of parliament for opposing his unlawfull will , after the parliament : and coming to the house only to demand the . impeached members , without offering force , or secluding any member ; but above all , his labovring the english army to be engaged against the english parliament ; ( being a thing of that strange impiety & unnaturalnes , that nothing can answer it , but his being a foreiner ) with his breach of faith , oath , protestations , in levying war against and offering force to the parliament only at a distance , without keeping out any by armed gards ) being the principal unparale'ld treasons , for which the most of those now sitting in their very declaration of mar●ii . ( expressing the grounds of their late proceedings against him , and setling the p●esent government in the way of a free state , now cryed up as their good old cavse ) appealed to all the wo●ld to judge , whether they had not sufficient cause to bring the k. to iustice ? and execute him as they did : of all which they were formerly & now far more guilty in placing gards of horse , & foot at the parliament doors to keep out him & other members : it being a force and levying of war upon the house it self and members , which would null all their acts and votes , as the sitting members in their declaration & speaker in his letter , an. . ( upon the london unarm'd apprentices tumults at the house doors , though they kept out none ) yea some now sitting in their speeches in the last dissolved assembly at vvestminster , declared very lately : after which some of the officers said , pray talk no more with him : whereto he replies , he must talk a little more to them , in their own language : that the army-officers and counsel themselves had forcibly turned those now sitting out of doors , april . and thus branded them in their declarations and (a) other papers he had then about him : for their dilatory proceedings in the house , unlimited arbitrary proceedings at committees , their w●oly perver●ing the end of parliaments ; by becoming studious of parties , & private interests , neglecting the publick , so that no door of hope being opened for redress of their grievances , , nor any hope of easing the people in their burdens , it was found at length by these their exorbitances , that a standing parliament was in it self the greatest grievance ; which appeared yet the more exceeding grievous , in regard of a visible design carryed on by sowe among them , to have perpetuated the power in their own hands , it being utterly impossible in that corrupt estate . ( even in the judgement of moderate men ) that they who made gain the main of their business , should become instruments of our long desired establishment : therefore it became an act no less pious than necessary , for the army now to interpose upon the same equitable ground as heretofore in the like cases of extremity , ( no ordinary medium being left ) to provide for the main , in a way irregular and extraordinary , by their most necessary and timely dissolution . yet notwithstanding all these brands they have publickly layd upon them , ( which they and others never yet wiped of by any publick answer as the formerly secluded members had refuted those base aspersions and calumnies the army had falsely cast on them ) they had now invited those very members to return and fit again without secluding , any of them , and engaged to yield them their best protection , as the assertors of the good old cause , who had a special presence of god with them , and were signally blessed in the work : yea as the only instruments for setling and securing the peace and freedom of this common-wealth : therefore they had far greater reason to invite & call in him & the other first secluded members than thus forcibly to exclude and ascribe and give to them alone the supreame authority of the nation which they have engrossed to themselves without the peoples vote or election in whō alone they have formerly * voted it ; a presage of their subsequent free-state proceedings , when once setled in their government , and a strange contradiction ; wherefore they should much more invite him and others they formerly and now afresh have forcibly secluded , against whom they had not the least exceptions , to settle us again in peace and freedome , which they had done when they sate , had they not secluded them . after which one of the army officers told mr. prynne , he had deserted the good old cause : to which he replyed , that the true good cause for which they were first raised , was only to defend the kings person , kingdom , parliament , all its members , privileges , and secure them against all force and violence whatsoever , which cause they had not only deserted but betrayed , and fought against , contrary to all former engagements , to which cause he adhered , and defired entrance to maintain it . to which he answered . that indeed was once their good old cause ; but now it was not so , for since they had pursued another cause : mr. p. replyed , that then they were real back-sliders therein , and their cause neither old nor good , but bad , new and destructive to the former old one . in conclusion mr. p. pressed them to shew their order forbis seclusion , & tell him their names ; they answered they would not shew it , nor tell their names : he then told them , that certainly their good old cause was in their own iudgements , consciences very bad , since they durst not own it by name : they answered , that mr. annesly the last day when they refused to tell their names , as they do now , had inquired out some of them , from whom be might learn them . in conclusion when he could not prevayl , he told them , they declared themselves and those now siting arrant cowards , and their magnified good old cause to be very bad , since they were afraid of one single person without arms , when as they were a whole army of armed men , and bad above voyces to his one , yet were afraid to admit him in , for fear he alone should blow them all up with the breath of his mouth , and goodness of his cause . and so departing , he met mr. prydeaux in the lobby , and desired him to acquaint those within , that he was forcibly kept out of the house by the souldiers , who beset the passages to keep out what members they pleased ; then returning again into the hall , a secluded member he there met pressing him to know what passed in the lobby : he related the sum of what was done and said , which divers pressed about him to hear , and some common souldiers among others ; who when he had ended his relation , said , he was an honest gentleman , and had spoken nothing but truth and reason . after which meeting with colonel oky in the hall ( who came over to transport him from iersy into england , they had some discourse touching his forcible seclusion , and the great scandal and ill consequences of it ; which divers pressing to hear , mr. p. went out of the hall to avoid company , and meeting with the member who drew up the letter to the speaker , perused and signed the fair copy , and so departed to lincolns inne without any company . this being an exact narration of the truth , substance of what passed between mr. p. the army-officers , and those now fitting , on the th . and th . of this instant may , both in the lobby , house , and elsewhere , mr. prynne being since necessitated to publish it , to prevent and rectifie the various misreports thereof . he shall now relate , ( as a corollary thereunto ) the true and only reasons then inducing him ( after earnest prayer to god for direction and protection in this grand affair ) to press the admission of himself and other members into the house , to correct the manifold contradictory censures of what he then did and spoke . some have been staggared and amazed at it , as if he were now turned an apostate from his former principles , acting both against his judgement and conscience , to cry up , and make himself a member of that old parliament , which he publickly printed to be dissolved above ten years since , by the kings death ; others have censured it for a rash , foolish , and desperate attempt . a third sort condemn it as a seditious , tumultuous if not treasonable action , prejudicial to the publick peace and settlement , deserving severe exemplary punishments . a fourth classis doome it , as a scandalous act , dishonorable , destructive to our religion . a fifth sort cry it up , as a most necessary , heroick , national , zealous action , deserving everlasting honor , prayse , thanks from the whole english nation , and a necessary incumbent duty as a member of the old parliament , ( though legally dissolved ) being pretentionally now revived against law , truth , by those very army officers , who six years past ipso facto dissolved , and declared it to be dissolved ; yea have held many new mock-parliaments of their own modelling since , all proving abortive , by forcible ruptures as the long parliament did it is not in mr. prynnes power to reconcile or controll these contradictory censures ; neither was he ever yet so foolish or vain-glorious , as to be any wayes moved with the censures , opinions , or applauses of other men ; nor so ambitious , covetous , as to pursue any private interest of honor , profit , revenge , &c. under the notion of publick liberty , justice , reformation as many have done ; nor so sycophantical as to connive at others destructive exorbitances , guilded over with specious titles ; this being his constant rule , to keep a good conscience in all things both towards god and man , acts . . to discharge his publick trust , duty towards god and his native country , though with the probable hazard of his life , liberty , estate , friends , & what else may be precious to other men ; to trust * god alone with the success , reward of his endeavors , to let others censure him as they please ; to fear no mortal or power whatsoever in the discharge of his duty , who can but kill the body , mat. . . ( nor yet do that but by gods permission ) being utterly unable to touch the soul , but to fear him alone who can cast both soul and body into hell. the only ground , end , motive , inducing mr. prynne thus earnestly and timely to get into the house , was no wayes to countenance any unparliamentary conventicle or proceedings whatsoever , nor to own those then sitting to be the old true commons house of parliament , whereof he was formerly a member , as now constituted , much less to be the parliament it self then sitting ; but to discharge the trust to which he was once ●nvoluntarily called without his privity or solicitation , by an unanimous election , a little before the last treaty with the king , having refused many burgesships , freely tendred to him with importunity , both before his election at newport and since , being never ambitious of any publick preferments , which he might have easily obtained , had he but modestly demanded , or signified his willingness to accept them . after his election against his will and inclination , he came not into the house till the treaty was almost concluded , ( and that at the request of divers eminent members ) only with a sincere desire to do that cordial service for preservation of the king , kingdom , church , parliament , laws , liberties of england , and prevention of those manifold plots of forein popish adversaries , priests , jesuites , sectaries , seduced members , army-officers , and agitators , utterly to subvert them , which other members overmuch or totally neglected , coldly opposed , or were totally ignorant of : what good service he did in the house during that little space he continued in it , is fitter for others then himself to relate . how fully he then discovered to them the true original plotters , fomenters of that good old cause , now so much cryed up and revived , how strenuously he oppugned , how truly he predicted the dangerous conseqnences of it , since experimentally verified beyond contradiction , his printed speech decemb. . . can attest , and his memento , whiles he was a prisoner : for this speech & good service of his in discovering , oppugning the new gunpower-treason then plotted and ripened to perfection , to blow up the king , parliament , lords , laws , liberties , religion at once , violently prosecuted by the force , remonstrance , and disobedient practises of the rebellious army officers and souldiers , he was on the th . of december . forcibly seised on at the lobby-door as he was going to discharge his trust , and caried away thence by col. pride and others . how unhumanly , unchristianly mr. prynne ( seised with other members at the house door decemb. . ) was used by the army-officers , who lodged him ( & them ) in hell on the bare boards all that cold night , almost starved him ( and them ) with hunger and cold at whitehall the next day , imprisoned him many weeks in the strand , and after seised , kept him ( by a new free-state warrant ) a strict close prisoner in three remote castles nigh three years , for his speech in the house , against their most detestable treasons , and jesuitical proceedings against the king , parliament , privileges , and members of it , is (a) elsewhere at large related : this being all he gained by being a member , and for asserting that true good old cause against the new imposture now cryed up afresh , to turn our antient kingdom into a new republick , and our parliament of king , lords , and commons , into a (b) select , unparliamentary juncto , or forty or fifty members of the old dissipated house of commons , elected , impowred only by the army , not people , to act what they prescribe , to extirpate king , lords , monarchy , magistracy , ministry , laws , liberties , properties , and reduce them all under jesuitisme at first , and our forein enemies vassallage in conclusion . mr. prynne then being most clearly convinced thereof , by what he formerly published as a member in his speech and memento , and since in his epistle to a new discovery of free state tyranny , his ius patronatus , his historical and legal vindication of the fundamental laws , liberties , rights , properties of all english freemen , a new discovery of romish emissaries , his quakers unmasked , and in his republicans good old cause truly and fully anatomised ; wherin he infallibly demonstrates , their converting of our late english monarchy into a new common-wealth , or elective protectorship to be the antient projected moddles of father (c) parsons , and other jesuites , and tho. campanella the italian frier (d) specially recommended by them to the pursuite of the king of spain , who prosecuted it all he could to promote his universal monarchy , and so much rejoyced at it , that he was the first foreign king who presently sent an extraordinary ambassador to congratulate the accomplishment , applaud the constitution of , & enter into a league of friendship with it ; whose flattering panygerick in his great catholique kings name , in prayse thereof , and what an honour it was to them , that he was the first forein prince that owned them for a common wealth , made the commons house so intoxicated , that they gratified him in all his requests , and pursued all his designs , only to ruine us and the netherlands , layd down by campanella , de monarchia hispanica , c. , . by furnishing him with many thousands of irish forces , quarrelling with the hollanders , maintaining above three years bloody wars with them , with infinite losse and expence to both nations , taking the french kings fleet , provisions merely designed for the reliefe of dunkirk , whereby he presently regained it to our prejudice : and on the other hand (e) cardinall richlieu of france , the great incendiary of christendome , and fomenter of all our domestick wars in his life ; the french king and mazarine by his instructions in writing after his death , vigorously pursued this very design : his instructions to this purpose ( recorded by (f) conte de galeazzo gualdo priorato , an excellent italian historian ) are very memorable , who relates ; that cardinal richelieu anno . ( after he had involved the king , parliament , and ireland in a bloody civil war ) being near his death , delivered these politick instructions for the king his master to pursue for carrying on his designs in relation to england with successe ; that above all other things he should endeavour to keep the government of great britain divided and dis-united , by ayding the weaker party , that the other might not make it self too powerfull ; by causing the three kingdomes of england , scotland , and ireland to be divided , either by nominating other kings (g) ( elective of another family , accomplished by erecting an elective protector ) or by moulding them into a common-wealth ( as our republicans have formerly and now done again ) yet with this caution , that when they are reduced into a common-wealth , so to order the matter , that it may not be united into one , but divided how punctually cardinal mazarine prosecuted these instructions ever since , and accomplished them at last , the letters taken in the lord digbyes cabinet , * printed by the parliaments order , . and o. cromwels late intimate correspondency with mazarine , discover . and how much the iesuites and catholicks in france in november . approved , applauded the turning of our hereditary monarchy , which they ▪ irreconcilably hated , envyed , as well as the late king , i and turning the old parliament into a new republican representative , and that all their hopes to effect it were in the army , to whom they wished all prosperity therein : you may read in a letter sent from thence by the armies agent to a fitting republican member , soon after published by mr. prynne who got the original . * mr. prynne knowing all this , and clearly discovering a fresh combination between the sectaries , republican , anabaptistical , iesuitical , levelling party , to pursue their designs afresh , and accomplish what they formerly attempted in the short mock-parliament of their own election , creation anno . and what was then passionately recommended to them by k iohn canne , the anabaptist in his voyce from the temple ( dedicated to them ) as their generation work , which god and all his people then expected and required from them ; even to extirpate the church , & ministry of england , advowsons , glebes , tithes ; and demolish all parish churches as antichristian ; to extirpate the law root and branch under pretext of reforming and new-moulding it ; to sell all corporation and college lands , and set up a popular anarchy , or tyrannical oligarchy among us , under the disguise of the old dissolved parliament , sitting from . till april . . after six years violent ejection of them with highest scorn and reproach , yet now invited by them to sit again to effect these romish designs to our utter confusion , but secluding all those who were like to obstruct or defeat them . upon this consideration mr. prynne as a secluded member of the old parliamemt , wherein he detected oppugned all these treasonable designs heretofore , and since its dissolution by the kings beheading , held it his bounden duty to prevent , defeat them now , and nip them in the bud ; whereupon so soon as those now sitting entred the house , he assayed to go into it , with as many old secluded members as he could , there being of them in london : for although his judgement be , l that this parliament is quite dissolved by the kings beheading , as he oft declared in print : yet since the army officers and those now sitting with sundry others , pretend it still in being , and under that pretext alone have acted all their publick tragedies , and innovations , he conceived himself bound in conscience upon their concessions , to endeavour to prevent these mischiefs , and do all publick good he might , with better warrant and reason than most ministers , lawyers , justices , magistrates , members of late parliaments , ( as they style them ) have prayed for , complyed with , acted in , under those late governors , governments , & mock parliaments ( as he is confident some now sitting among them in this new convention believe it dissolved , and yet go in only to prevent and allay those mischiefs which others violently pursue ) which their own consciences , and our laws resolve them without scruple to be utterly illegal ; whereas this old parliament , whereof he was a member , was most legallie summoned and convened beyond dispute , and hath the colour of a legal act of parliament for its continuance , which those since have wanted : of which act the greatest part of those now sitting taking advantage , notwithstanding their new instruments , declarations , petitions , advises , addresses , and sessions in other new parliaments since ; and it being a great dispute now among most secluded members , whether that parliament was not yet alive though the king be dead ? the majority of their voyces over-ruling his private judgement , as in all other parliamentary votes and proceedings , gave a present sufficient call , warrant to him and others to enter the house to debate it , and act what and as they did ; which will satisfie all those who censure it as unwarrantable or contradictory to his judgement : especially when they shall hear what he really intended to propose to the sitting members when he got into the house , had they not gone out to prevent it . . he intended to inform them of those destructive jesuitical ends and designs , forementioned , which they were now purposely called in to accomplish , carrying along thomas campanella , richilieus instrnctions , with other books , papers of theirs , and some printed copies of the republicans and others good old cause truly and fully anatamised , now put out and published , to dis-engage them from its pursute at the first , before they were engaged therein by any votes or actions , if he could but gain audience or patience to hear them pressed on their consciences viva voce . but their unparliamentary adjourning on purpose to prevent it when he was in , and forcibly resecluding him by armed gards when once out , he held himself bound in conscience , to publish that to them and the the world in print , which he was not permitted libertie to speak , as he formerlie did ( when forcibly imprisoned and kept from the house by the armie as now , upon the like account ) in his brief mememto to the present unparliamentary iuncto , from his pison-chamber at the kings head ( which they soon after took of ) ian. . . ly . he intended to propose , that all armed gards of souldiers in or near the cities of london or westminster , might by publick proclamation be removed to a convenient distance thence , according to the l antient custome , presidents , and privileges of parliament , prohibiting not only all armed forces , but the very bearing of any arms or weapons in or near the place where the parliament did sit , under severest penalties , lest they should over-awe the members , or any way interrupt their proceedings : which the undutifull mutinous officers , souldiers , now in and near the city , ( though raysed purposely to protect the parliament and its members from all force whatsoever ) have frequently done , nay forcibly secluded , imprisoned , ejected the members themselves sundry times , yea turned the now sitting members out of doors , and now again on saturday last , and this very morning secluded him , and sundry members when they came to enter in . ly . that all the lords , all secured , secluded members of the old parliament , not sitting after decemb. . . now about the city , ( being double in number to those now sitting ) might presently be called and freely admitted into the house ; and all living members of the old commons house elected or sitting at or before that time , might by the speakers letter be desired in all their names , to meet together in the commons house forty daies after , ( the m ordinary time limited in most writs of summons , or resummons of parliament ) and nothing acted or voted in the inte●val as a house of commons , till they were all assembled , after their ten years seclusion , dissipation by the armies force and war upon them . this suddain , unexpected clandestine , stealing into the commons house , of about , or . members alone , without any general notice given thereof to all the other surviving absent members , or places which elected them ; sitting presently as an house of parliament , accompanied with a present forcible seclusion of all but their own confederates , being a most unparliamentary practice , conspiracy , surprise , unworthy saints , or persons of honour , destructive to the very being , privileges of parliament injurious to the whole nation , as well as absent and secluded members ; yea contrary to their own republican votes , principles ; n that the supream authority of the nation resides only in the generality of the people : that it cannot be transferred from them to any others , in or out of parliament , but by their free consents and elections : that their representatives in parliament ought to be equally distributed throughout the nation : no member to be secluded when duly elected ; and all things to be carryed only by majority of voyces . contrary to the principles of law , equity , common iustice , reason , which resolve , that o publick acts of parliament bind all men , because they all are parties and assenters to them by their election of knights , citizens , and burgesses impowred , intrusted by them , and present when they passed by their common assent ; which they cannot be , when the farre greater number are absent , secluded , and have no notice of their present sitting : contrary to common right , and that just maxime inserted into some antient p parliament writs of summons and elections to sheriffs , quod omnes tangit ab omnibus approbetur , that which concerns all ought to be approved by all . and not only so , but this their surreptitious fraudulent suddain sitting and acting by themselves as a parliament , if they proceeded would make them far more criminal and guilty of highest treason , than king richard the d of old , impeached and , dethroned in the parliament of h. . amongst other articles for this q that the said king in his last parliament at salop , purposing to oppress his people , subtlely procured and caused to be granted , that the power of the parliament by the consent of all the states of his realm , should remain with certain persons , to determine , after the parliament dissolved , certain petitions delivered in the same parliament , at that time not dispatched . by colour of which concession the persons so deputed proceeded to other things , generally touching that parliament , and that by the kings will , in derogationem status parliamenti , & in magnum incommodum totius regni , & pernitiosum exemplum : in derogation of the state of the parliament , and to the great disprofit , ( prejudice ) of the whole realm , and pernitious example : and that they might seem to have some kind of colour & authority for this kind of their proceedings ; the king caused the rolls of the parliament according to his vote , to be changed and deleted , contrary to the effect of the foresaid concession : which is likewise mentioned in the printed act of h. . c. . and thus amplyfied ; that a certain power was committed by authority of parliament to certain persons , to proceed upon certain articles comprised in the rolls of the parliament thereof made , and by authority aforesaid divers statutes , iudgements , ordinances , and stablishments were made , ordained , and given erroneously and dolefully , in great disherison and final destruction , and undoing of many honourable lords and liege-people of the realm and their heirs for ever : wherupon that whole pariament of r. . with all the circumstances and dependents thereupon , were wholy reversed , revoked , voyded , undone , repealed , and annulled for ever . if this then were so high a crime and breach of royal trust in king r. . even by consent and authority of the whole parliament and three estates , subtilly to procure the power of the whole parliment to remain in the hands of certain persons which themselves approved of ; who exceeded their commission and acted generally as a parliment : and if this was a grand derogation of the state of the parliament , a great damage to the whole realm , and pernitious example for posterity ; for which in the very next parliament they impeached , deposed him , and nulled all these proceedings for ever . then questionless their former sitting , acting in the commons house from december . till apr. . . and now again , without , yea against the consents , votes of the parliament , estates , & secluded members , their repealing , altering , the very acts ordinances of the lords and commons concerning the treaty with the king , and sundry others ; their nulling the act for trienial parliments , the continuance sitting of the lords in this parlament , their declaring themselves alone to be the parliament of england , beheading the king himself , their dis-inheriting the whole house of lords and their heirs for ever of their parliamentary session ▪ judicature , privileges , as much as in them lyeth ; and thousands more of their real and personal estates ; their forcible secluding , securing the greatest part of their felow-members , then , and now again by the armies power , and sitting under their force ( which by their own declaration of august , and the armies in pursuit thereof august . the speakers letter , iuly . . yea sir arthur haslerigges own speech , and others of them , the very two last dayes they sate in the last convention , nulls all they voted or ordered ) must needs be a more execrable transcendent crime by thousands of degreees , a greater derogation to the state of the parliament and its privileges , of more fatal consequence to the whole kingdom , and of far more pernicious example , than this act of his , eternally to be exploded , declared null , void to all intents in it self , and demeriting the highest censures , that the justice of parliament can inflict , being a more superlative treason and high misdemeanour than this kings , or canterburies , impeached by the whole house of commons , and many of them thus acting , sitting , that to preserve himself from being questioned for his trayterous courses , he hath laboured to subvert the rights of parliaments , and the antient course of parliamentary proceedings : this being the last article of his impeachment , for which amongst others he lost his head , which presidents mr. prynne would have pressed them viva voce seriously to consider , at which they must needs stand mute and astonished not having one syllable to reply . ly . he would have propounded , that when all the members met together , they should in the first place debate this point , whether the old parliament were not actually dissolved in point of law , by their beheading the king , notwithstanding the statute of caroli c. ▪ which though themselves by their former and present sitting by pretext thereof , the army-officers heretofore and now again deny , and many secluded members hold still to be in being , yet for his own opinion he held , and had * published it to be dissolved notwithstanding this act , and to be casus omissus out of it , which he was ready to maintain against all opponents , by these reasons , . because it hath been frequently resolved by parliaments themselves , the reverend judges , and our law-books , as h rot . parl. n. , , , h. . rot. parl. n. . e. . f. . cooks . instit. p. . by king charles own declaration , iunii , caroli , and his judges and counsel then , that the deposition , and death of the king doth actually dissolve the parliament , and that the new king cannot hold and continue the old parliament sitting , or prorogued at his ancestors death , the parliament of r . being dissolved by his resignation of his crown , and the parliaments of h. . & * . iacobi , by the deaths of these two kings , and by like reason the last parliament of caroli by his violent death . ly . because the parliament is no standing court , sitting at certain seasons by positive laws , but summoned , constituted s by the kings writs of summons , and royal prerogative , when and where he pleaseth ; and adjourned , prorogued , dissolved by his writ alone in point of law and practise in all ages at his pleasure ; sitting sometimes longer , sometimes shorter , and sometimes prorogued to another day , place , or countermanded after summons , upon just occasions , as the parliament , & clause rolls , the act of caroli c. . and other statutes resolve . now all writs of summons being actually abated by the kings death which made them , as well as all commissions , patents of all judges , justices , sheriffs whatsoever , and other writs , informations in the kings name and behalf , as the statute of t e. . c. . cooks report f. , . crookes part. p , . . . . . and other lawbooks collected by asb , discontinuance de pr●ces . and reattachment . determine . the writs of summons , and likewise of parliament must needs abate likewise : and the lords being made judges , and the commons * members of that particular parliament only by the kings writ : his death must determine their parliamentary judicature or authority , sitting , during the kings pleasure , as well as the judges , justices , sheriffs patents , and all other commissions whatsoever . ly . because every parliament heretofore , & in the reign of k. charls , by the very recitals of the writs , is called : . in the name and by the authori●y only of the king regnant ( in his natural capacity , accompanied with his politick ) by his christian name , carolus dei gratia rex , &c. expressed in it , not generally by the office king , but carolus rex . ly . it recites it to be called v de a●isamento consilii nostri : ly . it stiles it quoddam parliamentum nostrum ly . that the occasion of calling it , was about certain arduous businesses nos et defensionem regni nostri , ( & iura coronae nostrae , &c. in many antient writs ) contingentibus : ly . that his intention in calling it , is quia cum praelatis , magnatibus et proceribus dicti regni nostri , or nostris , colloquium habere volumus et tractatum . ly . it summons them thus ; vobis mandamus , &c. quod personaliter intersitis nobiscum , or ad nos , such a day and place , nobiscom et cum caeteris praelatis , magnatibus , et proceribus praedictis tractaturi , vestrumque consilium impensuri , super negotiis antedictis . ly . the knights , citizens , burgesses and barons of ports in the commons house are summoned to doe and consent to those things which shall happen by gods favour to be then ordained de communi consilio supe● negotiis antedictis ( in sundry writs stiled by the king , negotia nostra , negotiorum nostrorum , &c ) which clause is thus explained in claus e. . d. . cl . ● . . d. cl . e. . d. . cl . e . d. . cl . e. , d. . cl . e. . d. . ad consentiendum biis quae per nos , ac dictos magnates et proceres or●inati contigerit favente domino . from all which particular clauses in the very writs of summons , it is undeniable , that the parliament of caroli , was ipso facto dissolved by the kings death : . because this parliament was summoned particularly by king charles in his natural as well as politick capacity , not in his politick alone , nor yet by or for him , his heirs & successors ; who ceased to be both charles and a king of this realm by his death ly . the counsel by whose advice it was summoned , was his , not his heirs and successors counsel . ly . the parliament convened , his parliament alone , not his heirs or successors , both of them ceasing to be his counsel or parliament by his decease . ly . the subject matter for which it was summoned . divers urgent and arduous businesses concerning us , not our heirs or successors , and the defence of our ( not their ) realm of england : who was no more us , and the kingdom no more his kingdom , so soon as he lost his life . ly . the end of summoning this parliament , was only this , for the king himself to have a conference and treaty with the prelates and nobles , and for them to be personally present with us , not our heirs or successors , to give us their counsel , &c. not our heirs and successors : all frustrate , made impossible , and absolutely ceasing by his death : because when once dead , they can neither parlie , conferr , nor treat with the king himself , nor the king with them , nor be personally present with him for that purpose : unlesse they will averr , that a meer dead headlesse king can really confer , treat , parly , consult , advise with his living prelats , lords , parliament , and they with him , & be parliamentally present with each other in the lords house neither of which they dare admit into it , for fear the king if living , and lords too , should afright them out of it , as the kings ghost , yea the memorial of it though dead , might justly do . ly . the mandatory part being in the kings name alone , to summon them to treat with and give their counsel unto us concerning the foresaid businesses relating to us and the defence of our realm , our businesses aforesaid , not our heirs and successors . he and his businesses all ending when he expires , the parliament must of necessity determine . ly . the parliament ceasing to be the common counsel of the king and his kingdom , and nothing possible to be ordained by us , ( the king , not his heirs and successors ) prelates , nobles in parliament , without his concurrent vote , or when he is dead ; unless a dead king can give counsel , make ordinances , give his royal assent to bills when deceased . it must inevitably follow , that all the authority , causes , grounds , ends for which the members of this parliament were all summoned to treat , consult , and give their advice to the king himself determining , and becoming impossible to be performed by his death ; the parliament must of necessity expire and be dissolved , even as the natural body ceaseth to be and remain a living man when the head is quite cut off : if then those now sitting ( who cut off the kings head , the head of the parliament , and thereby destroyed that temporary body politick ) will have their conventicle revived by this act , they must set on his head again , raise him alive out of his grave , and bring him back into the house , to impeach , condemn , decapitate them in this true high court of justice for this their beheading him in their court of highest injustice . which mr. prynne presumes they dare not doe , least his revived ghost should scare them thence , or justly retaliate their transcendent treachery . ly . if any man by his will , deed , the king by his commissions , the parliament by a special act or order , shall a authorize , impower any . persons joyntly to sell lands , give livery and seisin , execute any commission , as iudges , iustices , commissioners , auditors , or committees of parliament , if any one of them die ; both the survivors joyntly or severally can doe nothing , because their authority , trust was joynt , not several , and joyntly , nor seperately to be exercised . if there be not commoners in the house , they cannot sit or acts as an house , nor dispatch the least affair ; no more can any committee of either house , unless their number be sufficient to make up a committee , as the orders and custom of parliament appoint : therfore , the parliament of england being a * corporation , compacted joyntly of the king , lords , and commons house , and three estates , the death of the king necessarily dissolves the parliament , notwithstanding this act , which did not alter the parliaments old constitution , but establish it . the b kings personal absence from his parliament heretofore and of late , was reputed very prejudicial to it , and his calling away some lords , great offi●ers , and other members from it , a high way to its present dissolution , in his life : therefore it must much more be dissolved by his death ; and the lords and commons forcible seclusion both before and since it , by the army and sitting members ; they having c vocem & locum in quolibet parliamento angliae , as our law-books , statutes and their patents resolve . ly . the principal end of calling parliaments is to enact new and necessary laws , and alter , repeal such as are ill or inconvenient ; as the prologues of our printed statutes , our writs of summons , law-books , attest , and all accord . but no new act of parliament can be made , nor no former acts altered , repealed , but by the kings royal assent ; who hath a negative voice to deny , as well as affirmative to assent to them , as well as the lords and commons , as all our parliaments , iudges , d law-books , parliament records , treatises of parliaments , the printed statutes in each kings reign , more particularly , the statutes of h. . c. . jac. c. . in the close resolve ; yea , e both houses acknowledged it in all contests with the late king , our kings coronation oaths , and all our antient saxon kings lawes attest it . therefore his death must needs dissolve the parliament , notwithstanding this act , because it could make no act for its dissolution , nor declare , alter , repeal any other law , without his royal assent . there are but . objections made by any sitting or secluded members against these reasons , that his death should not dissolve the parliament . the . is this , which the republicans themselves formerly and now insist on , that the king doth never die in judgement of law , and that there is no interregnum , because the crown immediately descends to his right heir who by law is forthwith king de jure and de facto , before his actual proclamation or coronation ; as the statute of iacobi ch . . cooks rep. f. , . calvins case , and other books resolve . to which mr. prynne answers . that this argument is but an axe to chop off their own heads , and supremacy , as they did the kings ; and the objectors now sitting must either renounce their sitting , acting , knacks , declaration against the late king , kingship , and the house of lords , or quite disclaim the objection : for if the king never dies : then by their own confession and our lawes , we are still a kingdom , not a republike ; yea charles steward , as heir to his beheaded father , was and is still de iure & de facto the lawfull king of england , and supreme lord and governour of our church , kingdom , there being no interregnum , ever since his fathers death ; and then what becomes of all their absurd , illegal knacks against his regality , and kingship it self , ( of which they are forced now to pray in ayd to make themselvs a parliamen . ) of their mock-parliament , without king and house of lords ; of their perfidious treacherous engagements against both , and supreme authority of the nation which they have tyrannically usurped ? ly . though the king in genere , or rather kingship it self , never dies , yet the x king in individuo may , and doth oft times die : and if the successive deaths of all our kings since we were a kingdom be not a sufficient proof thereof ; the very objectors and iohn bradshawes y beheading the late king , and putting him to such a shamefull publike death , as no pagan nor christian lawfull king of england ever formerly suffered by perfidious , perjurious , treacherous subjects since it was an island , ( against our laws and votes of parliament , in the highest court of injustice created by them for that end ) is a sufficient evidence , that the king of england dieth as well as other men , ( as they all must likewise doe in gods due time ) unless they will make the world believe to expiate their treason , that they did not kill the king in cutting off his head , but that he is still alive , because some others ( as is reported ) did reunite and sow it to his bodie , when severed from it by them . but of this enough , since m. p. presumes they will henceforth rather renounce their parliaments being , than bottom its present existence upon this * bloudy foundation , and their exploded kingship . the d . objection is from the words of the statute of caroli , c. . which declareth , enacteth , that this present parliament now assembled shall not be dissolved , unless it be by act of parliament : in the negative : ergo , it shall not be dissolved by the kings death , being no act of parliament , nor any act of parliament yet made for its dissolution . whereunto mr. prynne answers : . that the sole end , scope of this act was not to provide against the dissolution of the parliament by the kings natural , or violent untimely death , not then thought of , ( he being in perfect health , likely to live many years by the course of nature , and to survive all the ends for which this act was made , ) but to raise credit for the parliament to provide monies by this act , to prevent the untimely dissolution , proroguing , adjourning of this parliament by the kings own regal power : he having prorogued , dissolved all former parliaments during his reign in discontent , by his regal power ( not death ) against the lords and commons wills . ly . this is intituled , an act to prevent inconveniences which may happen by the untimely adjourning , proroguing , or dissolving of this present parliament , and the prologue , body of the act , provide joyntly and severally against all three , to wit , the untimely proroguing , or adjourning , as well as dissolving of this parliament . but no parliament ever was , is , or possibly can be untimely prorogued , or adjourned , by the kings death , but only by his actual regal will and power : therfore the dissolving of it , intended by this act , must be only an untimely dissolution by his actual will , commission , writ , and regal power , alone , by which his former parliaments were prorogued , dissolved against the lords and commons assents , not by his death , whether natural or violent , being against his will , and no part of his regal supremacy , but only of his human frailty ly the inconveniences the commons feared would ensue by the untimely dissolution of this parliament , and endeavoured to prevent by this act , are thus expressed in the prologue . where as great sums of mony must of necessity be suddainly advanced and provided for relief of his majesties army , & people of the nothern parts of this realm , and to prevent the imminent danger this kingdome is in , and for supplying of other his majesties present and urgent occasions , which cannot be so timely effected as is requisite , without credit for raysing the said mony : which credit cannot be obtained , untiil such obstacles he first removed as are occasioned by fears , iealousies , apprehensions , of divers of his majesties subjects , that this present parliament may be adjourned , prorogued , or dissolved , ( . ) before iustice shall be executed upon delinquents , ( ly . ) publike grievances redressed , ( ly . ) a firm peace between the two nations of england and scotland concluded , ( ly . ) and before sufficient provision be made for the repayment of the said monies , so to be raysed : all which the commons in this present parliament assembled , having duly considered , do therefore humbly beseech your most excellent majesty , that it may be declared and enacted . and be it therefore declared and enacted by the king our soveraign lord , with the assent of the lords and commons in this present parliament assembled , and by authority of the same , that this present parliament now assembled shall not be dissolved , unless it be by act of parliament to be passed for that purpose , &c. by which it is undenyable , . that the commons when they petitioned for , the king when he declared , enacted , & the lords and commons when they assented to this act , did never think of or intend to provide against a dissolution of this parliament , by the kings untimely death , nor of a future dissolving it by an act of parliament by his successors or others after his decease ; but on the contrary , presupposed the continuance of his life , and of this parliament thereby , till all the inconveniences they recite were prevented , and a new act passed by him and them jointly to dissolve this parliament when these inconveniences were prevented and things effected : which is irrefragable , . because they declare in terminis , the speedy advancing and providing of monies , for the relief of his majesties armies , and people of the northern parts ( not their subsequent armies ) and the supply of his maiesties present and urgent occasions , ( not their own ) and the fears , jealousies , and apprehensions of divers his maiesties loyal subiects , &c. o be the only ground of their humbly beseeching his maiesty for this act. all which presuppose his life , being , preservation , and the commons great care of complying with him as their soveraign lord , without the least thought of his untimely death since happening , or secluding the king or his poûeritie , out of this and all future parliaments by colour of this act , as those now fitting have done point-blanck against it . ly the fears , jealousies , and apprehensions they had occasioning this act , were only these , that this parliament might be adjourned , prorogued , dissolved , . before justice shall be duly executed upon delinquents , ( then in being and complained of , as strafford , canterb●ry , the ship-mony iudges and others , not new delinquents since , not then dreamed of . ( ly . ) before publick grievances redressed ( those then complained of , not others arising afterwards . ) ly . before a firm peace between the two nations of england and scotland concluded , ( by reason of the former not subsequent breaches between them and the king ) ly . before sufficient provision to be made for the repayment of the said monies to be raised , ( not for the parliaments subsequent armyes and occasions ) but for his maiesties army and people in the north , the preventing the then imminent danger of this kingdom ( not of our new common-wealth , or dangers since arising ) and for supply of other his maiesties present ( not future ) and urgent occasions . but none of these four particulars could be accomplished by the lords or commons alone after his majesties death , but by the king alone , or by his concurrence with them whiles living : yea they were all actually accomplished in his life time , long before his death . the first , by the executions of strafford and canterbury ; the impeachments , censures of the shipmony-judges , and other delinquents both in scotland & ireland , the d . by the * acts abolishing shipmony , & the taking of tonnage , poundage , and other taxes without act of parliament : the acts for the preventing of inconveniences , happening by the long intermissions of parliament : for regulating of the privy-counsel , taking away the court of star-chamber , and high-commission , against divers incroachments and oppressions in the stannary court : for the certainty of forests and their meets and bounds : for the better ordering and regulating the office of the clerk of the market ; for reformation of false weights and measures , for preventtng vexatious proceedings touching the order of knightship , for the abbreviation of michaelmas term , and for the free importation of gunpowder , and salt-peter from forein parts , and making of them in england . by all these good acts passed freely by the king soon after or before this act , he fully redressed all grievances then complained of , or intended within this law. the d. by the act of confirmation of the treaty of pacification between the two kingdomes of england and scotland . the th . by the several acts passed for the relief of his majesties army , and the northern parts of this kingdom ; for the better raising and levying of mariners and others for the present guarding of the sea and necessary defence of the realm ( not republike ; ) for the subsidies of tonnage and poundage granted to the king , for the speedy provision of money for disbanding the armies , and setling the peace of the two kingdoms of england and scotland ; for securing such monies as are due to the inhabitants of the northern counties , where his majesties army have been billetted . and for securing by publike faith the remainder of the friendly assistance and relief promised to our brethren of scotland ; all passed and published by the king himself , anno & caroli . & . at least . years before his beheading : it is most certain , that all these ends of making this law , ( as the prologue thereof , and the word therefore in the commons prayer , infallibly declare ) were fully accomplished by the king in his life , so long before his untimely death : therfore none of thē now remaining to be performed ; & all acted ●ince their accomplishment by those now sitting , being diametrically contrary to this act , these ends , and occasions of it ; this parliament must of necessity be beheaded , expired with the king ; and cannot survive his death . ly . the words , that this present parliament assembled shall not be dissolved , unlesse it be by act of parliament to be passed for that purpose , nor shall at any time or times during the continuance thereof , ( twice recited in the subsequent clauses ) be prorogued , or adjourned , unlesse it be by act of parliament to be passed for that purpose ; can be intended of no other but that present parliament , which passed this act : which consisted of the kings maiesty our soveraign lord ( by whom this and all other acts passed or to be passed , was declared and enacted ; and this intended act likewise ) not of his heir or successor after his death ; and of the lords and commons house then in being ; not any new house of lords or commons succeeding after their deaths then sitting : therefore when the king was cut off by an untimely death , and thereby an impossibility accruing to dissolve it by an act of parliament within the words or intent of this act ; it must of necessity be dissolved by his beheading : impossibilities making acts of parliament to perform them meerly void , as our lawe makes n impossible conditions ; ly . this act and those who made it , must have and had a retrospect to the writs whereby it and they were summoned , and the ends , things therein expressed : but they all determined , and became impossible after the kings beheading ; therefore the parliament must be destroyed with him : o since cessante causa , cessat effectus , & cessante primativo , cessat derivativum , as all our lawyers , law-books ; and natural reason resolve . ly . the last clause of this act , tha● every thing and things whatsoever done or to be done , ( to wit , by the king or any other ) for the adjournment , proroguing , or dissolving of this present parliament , contrary to this act ; shall be utterly void and of none effect , do clearly explain the meaning of this act to be this , that it extends only to things done or to be done by the kings will and power , as to his commissions proclamations , writs , warrants , precepts , to adjourn , prorogue , or dissolve this parliament , ( as he had done others heretofore ) here declared to be utterly null and void ; not to his death wherein he was only passive , being forcible against his will and the parliaments too : which death no parliament can make null and void , in respect of the act it self ; so as to restore him to life , though the whole parliament , and our three kingdomes may and ought to null it , in respect of the illegal manner of his execution , not to be paralel'd in any age. ly . the commons themselves in their d remonstrance of the state of the kingdom decemb. . declared , that the abrupt dissolution of this parliament is prevented by another , ( this ) bill ; by which it is provided , it shall not be dissolved , adjourned , without the consent of both houses : yea the lords & commons in their e declaration of may . . declare , that excellent bill for the continuance of this parliament was so necessary , that without it we could not have raised so great sums of monies for his majesties service , and common wealth as we have done ; and without which the ruine and destruction of the kingdome must needs have followed ( as since of the kingdom , and parliaments too by pretext thereof . ) and we are resolved the gracious favour of his majesty expressed in that bill , and the advantage and security which thereby we have from being dissolved ( by him ; ) shall not encourage us to do any thing which otherwise had not been fit to have done , which whether these formerly & now sitting have performed , let their own consciences resolve . after which the lords and commons in their humble petition to his majesty , f iun. . . desire , that your majesty having passed an act , that this parliament shall not be dissolved but by act of parliament , your majestie would not do any thing tending thereunto , by commanding away the lords and great officers whose attendance is necessary thereunto . ( therefore the sitting members abolishing the whole house of lords , and their secluding most of the commons members by this petitions concession must dissolve it . both lords and commons in their declaration g th . maii , . adde . we hope the people will never be carryed away with a noyse of words against the parliament , to make any such equitable construction of the act for the continuance of this parliament ; as may tend to the dissolution thereof , ( by the declaration of the king , which they answer in this ) and their own destruction therein . by all which passages it is apparent , that this act provided against every thing or things , done or to be done by the kings will or prerogative , without the houses consent for the dissolution of this parl. not against its dissolution by his death . ly . the king ( and his party too , ) did thus interpret it more than once in these passages : h in his majesties own answer to the declaration of the lords and commons of may , . we expressed a great trust in our houses of parliament , when we devested our self of the power of dissolving this parliament , which was a iust , necessary , and proper prerogative : to wit , when done by vertue of his prerogative , which this act devests him of , not by a natural much less a violent death , no part at all of this prerogative , but highest act against it , to its and his dissolution . i in his answer to the petition and propositions of both houses , . june . we were willingly contented to oblige our self for the present exigent to raise monies , and avoid the pressure ( no less grievous to us than them ) the people must have suffered by a long continuance of so vast a charge as two great armies , and for the greater certainty of having sufficient time to remedy the inconveniences , when during so long an absence of parliaments , as for the punishment of the causers and ministers of them , we yielded up our right of dissolving our parliament , expecting an extraordinary moderation from it in gratitude , for so unexpected a grace , and little looking that any malignant party should have been encouraged or enabled to have perswaded them . first to countenance the injustices and indignities we have endured , and that by a new way of satisfaction for what was taken from us , to demand of us at once to confirm what was so taken , and to give up almost all ( and now more than all ) the rest . and in his answer to their ( k petition of iune . for that part of the petition which seemed to accuse his majesty of a purpose to dissolve this parliament ( contrary to the act for the continuance ) by commanding away the lords and great officers whose attendance is necessary ; which his majesty knows to be a new calumny , by which the grand contrivers of ruine for the state hope to seduce the minds of the people from their affection to , and jealousies of his majesty , as if he meant this way to bring his parliament , ( which may be the case of all parliaments ) to nothing . it is not possible for his majesty more to express himself thereunto , and his resolution for the freedom , liberties , and frequency of parliaments than he hath done . and who now considers how visible it must be to his majesty ● that it is impossible for him to subsist , without the affections of his people , and that these affections cannot possibly be preserved or made use of , but by parliaments , cannot give the least credit , or have the least suspition , that his majesty would choose any other way to the happiness he desires to himself and his posterity , bnt by parliament . from all which premises it is apparent , that the king himself and both houses of parliament did never intend by this act to prevent the dissolution of this parliament by the kings natural death , ( the act of god they could not prevent ) nor yet by his violent beheading ( which then they neither intended nor foresaw ) but by his own voluntarie act and royal prerogative , by which he formerly adjourned , prorogued , dissolved parliaments at it his pleasure . ly . it is resolved in our law-books , that if an act of parliament refer to or confirm a thing which is not , or a thing which is utterly against common law , reason , justice , as for a man to be a judge or witnesse in his own case ) or a thing that is mis-recited , or repugnant , or impossible to be performed , there the common-law shall controll and adjudge such an act to be meerly void , plowdon f. , , . cook reports , f. . a. b. ash. parliament , . hobards reports p. . , . but it is repugnant to reason , justice , nature , the intention of the writs of summons , yea a thing impossible , that the king should treat and confer with his parliament after his death , or the parliament not determine by it . therefore were it particularlie provided for by this act , it had been void in law , ( as if this act of parliament had declared , that a mariage between man and wife shall not be dissolved by the death of either of them , but continue indissolvable by death , against nature , experience , scripture , rom . , , . ) much more then when not expressed nor intended by this act , as the premises evidence . xly. admit the parliament still continuing by this act , yet those now sitting neither are nor can be so much as an house of commons , much less the parliament within that act , for these unanswerable reasons , . the house of commons within this act , were a full and compleat house , consisting of above members ; those now sitting in may , & . but . viz. mr. will lenthal , quondam speaker , * henry martin , lord monson , mr. chaloner , mr. heningham , alderman atkins , alderman penington , th. scot , corn. holland , sir arthur hasletigge , sir henry vane , sir iames harrington , mr. whitlock , mr. prydeaux , mr. lisle , col. ludlow , mich. oldsworth , iohn iones , wil. purefoye , col. white , henry nevil , mr. say , mr. meston , mr. brewster , col. bennet , serjeant wilde , mr. goodwin , mr. lechmore , col. ingoldesby , mr. blagrave , mr. gold , col. sydenham , col. byngham , col. ayre , mr. smith , augustine skinner , mr. down , mr. dove , iohn lenthal , rich. salaway , iohn corbet , col. walton ; there being . members more of the old parliament yet living , besides those who are dead . ly . those then sitting went in openlie like a house , upon daies general summons by writs , setting without gards , secluding none of their fellow . members by force . those now sitting stole sodenlie into the house , in a surreptitious manner , without any notice given to the people of the nation , or to those for whom they formerly served , or to the absent members , or those then in london , or westminster-hall , who were not of their combination : setting gards of army-officers at the door , ( who conducted them thither , ) and presently secluded mr. prynne , and the other members who upon the first notice of their sitting came to know upon what account they sate : taking forcible possession with souldiers , and strong hand of the commons house , and keeping themselves in possession thereof by force against the secluded members & majority of the house , contrary to the statutes of r. . c. . r. . c. . h. . c. . eliz c. . against forcible entries and deteiners ; the statute of e. . the libertie , privilege , rights , and usage of parliaments : a practice utterlie unseeming such transcendent saints , patriots of publick liberty , as they boast themselves , & that honor , justice , honestie , synceritie , gravity , wisedom , which becomes all members of a parliament , and reformers of all publick grievances , frauds , and indirect practises in others . ly . that old house of commons had a special care of providing for the kings armie , his urgent and present occasions : professed themselves his loyal subjects , and him to be their king and soveraign lord ; humblie besought his most excellent majesty , that it might be declared and enacted by him , that this parliament might not be dissolved , prorogued , or adjourned ; but by act of parliament ; acknowledging they could make no such act without his majesties royal assent , and that both the king and lords house were essential members of the parliament within this act. but those fitting since . till . and now again thus entring the house , by pretext of this act , have renounced , abjured , and professedlie engaged against all this , to which they are direct antipodes ; therefore no commons house within this act. ly . the commons house within this act , was that house which was then in being when this act passed , dulie elected by the people by the kings writs , not the armie-officers , and pursued the self-same ends recited in the preamble , for which this act was made and assented to by the king and lords . but this new house was created , constituted , not by the kings writs , or peoples election , but the armies swords , and conspiracie , years after this act first passed ; then disowned , and turned out of doors above years by the army ; and now re-inducted into it by their armed votes and force to serve their ends , not to pursue those mentioned in the act , accomplished many years since , and now becoming impossible . therefore they are not so much as an house of commons within this act , and the armie-officers and souldiers who formerly thrust them out , & now recall them ; may do well to consider that gospel-text , gal. . . if i build again the thing i destroyed , i make my self a transgressor , even against this very law , as well as the law of god , and other laws of the land. xi . if they are not so much as a commons house of parliament , much less then are they the lawfull parliament of england , in anie sense within the letter or meaning of this act , no more than so manie of the old gunpowder popish-traitors , ( had their treason taken so good effect in blowing up king iames , the lords whole house , and majoritie of the commons house there assembled , as their late new powder-plot hath done ) had been the onlie lawfull parliament of iac. they destroyed , in case they had entred then into the commons house with the mace before them , and created , stiled themselves alone the parliament of england , as a right devolved unto them by conquest or succession ; which had they presumed to do , no doubt the whole english nation * would have risen up against them as one man , and never have so far dishonored themselves , their religion , or countrie , as to own and submit to those jesuitical romish-traitors , only for destroying of their lawfull king , lords house , and english parliament it self , as the onlie true old english parliament then re-assembled . the reasons are unanswerable . . because the whole house of commons then sitting in its primitive splendor , fullnesse , freedome , was by its own quadruple acknowledgement in it , no more but the commons house , and one member of this parliament , not the parliament it self ; never owning , but professedlie disclaiming it self to be the parliament , or present parliament within this act. ly . because this act was made not by the commons alone without the king or lords concurrence , but by the king as their soveraign lord , declaring and enacting , and the lords and commons , as jointlie assenting thereunto . ly . because it is most absurd to conceive , that the king and lords by passing this act , to continue this parliament as then constituted , till dissolved by act of parliament , did * ever intend to seclude themselves quite out of it , or to make the commons house alone an absolute independent parliament , without both or either of them ; though five times speciallie providing by name for their parliamentarie interests ; or that they or the commons intended to make each of themselves a distinct parliament without the other , and so to erect three new parliaments at once , by providing against the untimelie proroguing , adjourning , or dissolving of one ; the king and lord● both jointlie and severallie having the self-same arguments from this act to prove each of them a several or joint parliament without the commons , by the commons own intention in passing this law , as the commons have to justifie themselves to be a parliament , now they have secluded and engaged against them both , and will admit of neither as members of their parliament , when as this verie act preciselie prohibits the king to dissolve , prorogue , or adjourn the parliament , or either house therof ; or the lords to prorogue or adjourn , much less dissolve the commons house , or the commons to prorogue or adjourn , much lesse dissolve the lords house , declaring and enacting , that at any time or times during the continuance of this parliament , the lords house shall not be adjourned ( nor yet the commons house ) but onlie by their own respective orders , and by themselves alone , declaring , enacting everie thing and things whatsoever done , or to be done to the contrarie , to be utterly void and of none effect , ly . because this act both in the title , prologue and body , prevents onlie the untimely proroguing , adjourning , and dissolving of this present parliament at any time or times during the continuance of it , but by act of parliament or themselves , stiling it . several times , this present parliament , and giving it no other title , yea it preciselie describes it to be , a parliament onlie of king , lords , and commons , as it was when this act was made , and so to continue till its dissolution . but the parliament now sitting , was not this present parliament , being not then known , heard of , nor imagined ever to start up in after-ages , by any who made or consented to this law , it being created onlie by the armie years after this act , and now revived full years after it , without anie king or house of lords , and protesting , engaging against them both as no members of it . neither can they pursue any one of those ends for which this parliament was continued . therefore they are doubtlesse beyond dispute , no parliament at all within the words or intention thereof , their own consciences , reason being judges , ( whatever they pretend ) nor yet by their own republican principles , a free and equal representative of the people . ly . by the a law and custom of all nations , nature , reason , justice , equitie , the laws of england , and of all publick or private ecclesiastical , civil , or militarie councils or corporations , the majority of persons , members , voyces , votes , are alwayes reputed the parliament , council , synod , corporation , and do , yea ought of right to bind the lesser part , as well in making laws , ordinances , as elections , and all else that concerns the publick . yea the general and general counsel of the army-officers in their petition to those and others now sitting in parliament , and draught of an agreement of the people for a secure and present peace , framed , prepared , and presented to them , to be established and subscribed by the people , ianuary . . not onlie subscribed thereto : but proposed , b that members at least be alwayes present in each sitting of the representative , at the passing of any law , or doing of any act whereby the people are to be bound , saving that the number of sixty may make the house for debates or resolutions that are preparatory thereunto . therefore the members secretlie skipping into the house , secluding the rest , may , & . being not the th part of the members of the old parl. now surviving , by all nations laws , consents , can be no parliament , nor house of commons within this act ; nor pass anie thing to bind the majoritie of the members or people in anie kind whatsoever ; what ever anie imprudent , illiterate , shameless , namelesse scriblers , or themselves ( against their own reasons , * consciences , iudgements , principles , resolutions ) pretend to the contrarie : but dare not once affirm in good earnest . it being a received maxime in all ages c populi minor pars populum non obligit . ly . it is a rule our d lawbooks , that all statutes ought to be interpreted according to reason , and the true mind , meaning , intention of those that made them : but it is most certain , that it is against all reason , and the true intents , minds , meaning of the makers of this law , to make a parliament without a king , or house of lords , or majoritie of the commons house : or that all or anie of them , when they made this act , did ever dream of such a iuncto as this now sitting ; or to seclude themselves , and resign up their own interests , freedoms , privileges , right of sitting in parliament with them , to constitute them the onlie parliament of england , as everie line , syllable throughout the act demonstrates . therefore they neither are nor can be a parliament within it , neither can the bedlam , turkish , bruitish , unreasonable argument of the longest sword , or armie-logick , nor the petitions , addresses of any crack-brain'd sectaries , and vulgar rabble of inconfiderable illiterate people , nor the presence of anie lawyers sitting with , or acting under them as a parliament , to their own and their professions dishonour , make them so in their own , or any wisemens , or iudicious , honest lawyers iudgement whatsoever . and therefore out of conscience , shame , justice , prudence , and real christianitie , ( have they anie left ) they must needs disclaim themselves to be a parliament , and no longer abuse the nation , or others under their disguise . all whith mr. prynne , if admitted would viva voce have pressed home upon them , but being forcibly secluded by their gards , because unable to answer or contradict his law or reason , he now tenders to their view , and the judgement , resolution of the whole english nation , to whom he appeals , with this publick protestation . that if they will freely call in all the surviving members of the lords and commons house , sitting till december . without secluding anie by force , or new unparliamentarie impositions or seclusive engagements , which they have no power to impose : if they upon a free and full debate shall resolve , the old parliament to be still in being , and not actually dissolved by the kings beheading , notwithstanding his premised reasons to the contrarie ; he will then submit his private iudgement to their majority of voyces in this , as well as in all other parliamentary debates , and contribute his best assistance and advice as a fellow-member , to heal the manifold breaches , prevent the approaching ruines of our indangered church , realms , parliaments , laws , liberties , peace , and establish them upon better foundations than those now sitting ( to promote their own and the armies interests rather than the peoples or nations ) are ever likely to lay . who if they can prove themselves a true and lawfull english parliament within this act , without either king or house of lords , or this their clandestine , forcible entry into and seclusion of their fellow-members out of the honse , and actings in it to be lawfull , equitable , righteous , honorable , parliamentarie , christian , and such as well becomes either saints , members , or true good englishmen , by anie records , parliament rolls , acts , presidents of like kind in former ages , law-books , customes , common or civil-law , scripture , divinitie , reason , ethicks , policks ( except machiavils , and the sole argument of the longest sword , the most bruitish , unjust , unchristian , turkish of all others ) mr. prynne will then publicklie declare them to be that in truth , which as yet he neither can nor dares to acknowledge them to be so much as in appellation , either a member of the old parliament , a covenanter , a protester , a lawyer , a scholar , a man , an englishman or a christian. and hopes , that upon the perusal hereof they will as much disown themselves to be the parliament within this act , or anie lawfull parliament of england even in their judgments , consciences , much more in actings , for the premised reasons , as he or anie other secluded members do ; not out of anie spirit of contradiction , but conscience , and common dutie to themselves , and their native country . that which principallie elevated , yea inflamed mr. prynnes zeal , both now and heretofore , with all his might to oppose all late publick innovations , changes of our antient government , parliaments , laws , was this sad and serious consideration , which he shall with all earnest importunitie intreat , advise all army officers , souldiers , sitting or secluded members of the lords or commons house , with all well-affected persons to the safetie , settlement of our religion , church , state , throughout our three nations , most seriouslie to lay to heart , and engrave upon their spirits , not to read it as they do news-books , ( only to talk of them for a day or two ) but as they read the evidences of their inheritances , whereby they hold all their earthlie ( yea heavenly ) possessions , that they may remember , act according to it all their lives : that william watson ( a secular priest of rome ) in his dialogue between a secular priest and a lay gentleman , printed at rhemes , . in his a quodlibets , printed and william clerk a secular priest , in his answer to father parsons libel , . p. . &c. ( then best acquainted with the iesuites designs against england of all others ) did in precise terms publish to the english nation , in these their printed books , a that father parsons the english iesuite , ( the most active professed enemie to our english kingship , kings realm , church , religion ) & his confederate iesuitical society , did ( so long since ) give out and prophesied , that they have it by revelation , and special command from god , that their order and society was miraculously instituted for this end , to work a dismal change amongst us , wherein all laws , customes , and orders must be altered , and all things turned upside down : and that they being the only men who have the name , title , and authority of iesus , by them it is , that this marvelous change and alteration shall be wrought , in such sort as from the beginning of the world was the like never heard of before to this present . b that this iesuite father parsons in his book of the reformation of all the states of england , as he b prescribes a reformation of the prince , court , counsellors , noblemen , bishops , prelates , pastors , universities , lawyers , and laws , in all which he will have strange metamorphoses , so he will have the court of parliament it self brought to better order , to effect all these dismal changes . that the way whereby he & they intended to bring about all these changes was , to bring all england into an uprore ; for common souldiers to examine their soveraigns what titles they hold by , and by infusing this their iesuitical principle into the souldiers and people , that every pecope or tartarian multitud● , getting once the title and stile of a publick state , or helvetian common wealth , may alter , change , innovate the course , inheritance , and succession of the crown and lands under them , to make the island a iaponian island of iesuites , and infeoff themselves by hook or crook in the whole imperial dominion of great britain , putting all the whole blood-royal of england to the formidon , as but heirs general in one predicament . for their better accomplishment whereof this william watson subjoyns his own opinion in these words c i verilie think that all the puritans and anabaptists will joyn with the iesuites , ( to effect these changes ) at length , how far soever they seem to be , and yet are , in external profession of religion : there being at least half an hundred principles and odde tricks concerning government , authority , tyranny , popularity , conspiracy , &c. wherein they jump as just together as if both were made of one mould ; but when they shall thus joyn together , he predicts ; that the iesuites having more singular fine wits amongst them , and manie learned men on their side , whereas the puritans and anabaptis●s have none but grossum caputs , the iesuites manie gentiles , nobles , and some princes to side with them ; the puritans but few of the first , rare , to have anie of the second , and none of the last on their side : by consequence , if matters come to hammering between the iesuites and puritans , the latter are sure to be ridden like fools , and come to wrack . he superaddes to this , d that father parsons and his companie have laid a plot , as most consonant and fitting for their other designments , that the common law of the realm of england must be ( forsooth ) utterly abolished , or else bear no greater sway in the realm than the civil law doth . and the chief reason is , for that the state of the crown and kingdome by the common laws is so strongly setled , as whilst they continue , the iesuites see nor how they can work their wills . secondly , the said good father hath set down a course ; how every man may shake off all authority at their pleasures , as if he would become a new anabaptist or iohn of leydon , to draw all the world into a mutiny , rebellion , and combustion . and the stratagem is , how the common people ( and souldiers ) must be inveigled and seduced , to conceit to themselves such a liberty or prerogative , as that it may be lawfull for them , when they think fit , to place and displace kings and princes , as men do their tenants at will , hirelings , or ordinary servants . which anabaptistical and abominable doctrine , proceeding from a turbulent tribe of trayterous puritans and other hereticks , this treacherous iesuite would now foist into the chatholick church , as a ground of his corrupt divinitie . mr. prynne having some year since diligently observed all these passages , with sundrie others of this nature , in those secular priest-books , and comparing them with campanella de monarchia hyspanica , c. . . & cardinal e richlieues instructions forecited ; having likewise read in the iesuites own printed books , f that they had no lesse than colleges and seminaries of iesuites erected in several parts of the world , within the space of years , and no fewer than colleges and seminaries in provincia anglicana , in the english province in the year . wherein they had . socii societatis , g fellows of their own societie , besides novices , and colleges more of english iesuites beyond the seas , and no less than eight colleges of irish , and several residenciaries of scotish iesuites in ireland , scotland , and other places : and being assured by the publick speeches of oliver cromwell himself , first to an assemblie of divines and others at whitehall . and after to his new modelled parliament at westminster , september . . published in print , p. , . that he knew verie well that emissaries of the iesuites never came over in such swarms as they have done since our late wars and changes were on foot , and that divers gentlemen can bear witness with him , that they have a consistory and counsel that rules all the affairs of the things of england ; and had fixed in england in the circuit of most cathedrals , ( of which he was able to produce the particular instrument ) an episcopal power , with archdeacons , and other persons to pervert and seduce the people . and being most certainlie informed , that the h arch-iesuite sir toby mathew , though banished by both houses , sir i kenelme digby , a jesuited papist , ( whose father had a chief hand in the old gunpowder treason , and was himself particularlie imployed to rome by the queen to procure men and monies from the pope against the parliament , where he expected to receive a cardinals cap , ) k sir iohn winter a person excepted from pardon , mr. walter mountague ( two notorious jesuited papists , who l conspired with the popes nuncio and college of jesuites , in longacre to destroy the king , and alter the government of the kingdome if he refused to turn roman catholick , and repeal all laws against romish priests , iesuites , papists , and for that very end raised the first scotish wars , and ( which is most observable ) that orelly the popes own nuncio in ireland , who promoted the late horrid irish rebellion and massacre of the protestants , sate president in the general counsel of the popish rebels there for several years , m to carry on that rebellion ; came all over into england , walked openly in the streets and vvestminster hall , when the king was brought to his tryal , and executed by their and other iesuites instigation , and our old kingdom metamorphosed into a new common-wealth ; that n owen ro oneal , and all the irish rebels under him , by orellies perswasion , entred into an offensive and defensive league with the new-republicans against marquesse ormond , the lord inchequin , and protestant party in ireland , who declared for monarchy , & the kings title , against their republick . and being withall assured by sundry persons of credit , that there were many iesuites under the habit of o souldiers , listed in the army , and others of them under the disguise of physicians , apothecaries , travellers , captains , merchants , factors , tradesmen , anabaptists , ranters , seekers , quakers , and other sectaries , dispersed throughout all places , to carry on and accomplish tho●● dismal changes , so long since predicted , projected by father parsons and the iesuites . yea , being further assured , by an eminent divine and others more than once , from the mouth of a noble english lord , returning from rome about years since , that the provincial of the english jesuites , when he went to see their college in rome , assured him , they had then above fifteen hundred of their society of iesuites in england , able to work in several professions and trades , which they had there taken upon them , the better to support , and secure themselves from being discovered , and infuse their principles into the vulgar people . that the p great anabaptist , styled , the administrator of hexam near newcastle , in the north , since removed to colchester , was lately a papist ( if not ) a priest or iesuite ; that ramsey the scotish iesuite was purposely sent ouer into england by the pope & iesuites an. . under the notion of a iew , to infuse new notions into the anabaptists & side with them , who therupon addressed himself to paul hobson the anabaptist , a grand army-preacher , and this administrators congregation , where he made a publick profession , that he was a iew by birth , but was now thorowly converted to the christian religion by their instruction , with a publick confession of his faith , which they printed , whereupon he was publickly dipped by this administrator at hexam , and received as a member into their anabaptistical church , who much gloried in it , till within few weeks after , he was by the maior and ministers of newcastle clearly discovered , to be a grosse impostor , yea a scotish iesuite , and sent up by them to london ; where after some restraint he was enlarged without any punishment , and not long since , twice boldly entred into the university schools at cambridge , desiring conference with mr. smith the hebrew lecturer there , with whom he discoursed in hebrew ; professing himself , to be soul and body for the catholick church of rome : that q eleazer ben-isaiah , and his brother ioseph , . grand jesuitical impostors , at the self-same time under the notion of converted iews , were dipped by the anabaptists ; maintaining dipping , not sprinkling to be the only baptisme of iesus christ , and the anabaptists to be the only strong and glorious christians , in their printed book , dedicated unto our new republican parliament & counsel of state , . which mr. pr. ( soon after his inlargement frō pendennys castle ) meeting with , discovered them to be gross impostors , one of them a trooper in p. ruports army ; who after a collection made for him ( as a converted iew ) at dursty in glostershire , by mr. woodward on the lords day , drank sive jugges of bear , with sundry pipes of tobacco , whereby to digest his lords day supper , and disgorge his sermons : then locking his chamber door in the inne , he ran to the maid he had sent to warm his bed , and attempted to ravish her ; wherupon the crying out , & the boy of the house ( being about a block at night ) endevouring to raise the neighbors , he therupon fled from thence , ( since which mr. prynne heard no more tydings of him . ) and having ●ince that most clearly discovered to the whole nation ( in his books , intituled , the quakers vnmasked , and new discovery of romish emissaries , printed . . and . ) that the franciscan freers and iesuites were the first erectors of our new sect of quakers , ( ignatius loyola the jesuites founder , being first a souldier , then a quaker , next a speaker , last of all a professed iesuit ; as his disciples now are , first iesuites , then quakers , speakers , souldiers before or after ; ) that maurice conry an irish franciscan , late provincial of the english franciscan fryers , ( having extraordinary faculties granted him to exercise here in england ; as to absolve all hereticks in england , of what nation soever ; to admit men into his order ; to dispence with oaths , with saying canonical hours , the ceremonies of the mass , for keeping heritical books , and other particulars which might discover any of them to be freers , or papists : to authorize , print what books he allowed ; concealing both the name of the author , printer , place , non obstante consilio tridentino : ) came over into england , under the disguise of a spanish captain , having sundry pasports from the king of spains officers in the low countries , to raise men for his service in england and ireland , where he continued during the regency of our republicans ; after which in the year . he procured a pass and protection to all officers by sea and land under ol. cromwels own hand and seal , to pass and repass about his occa●ions to and from ireland ; all which were taken about him in bristol , november . and the very originals under seal brought to mr. prynne ; who published some of them in print ; yet after near two years imprisonment at bristol , upon a habeas corpus brought by conry , he was turned over prisoner to newgate , to be tryed as a popish priest , and let go thence ( by direction as was conceived ) before the sessions , and never enquired after since . mr. prynne discovering all this and much more , and being most fully assured , that all the rebellions in the army since . against the king , parliament , members , and all the late changes , revolutions of our government ever ●ince , proceeded originally from the jesuites , and romish agents powerfull influences upon the seduced army-offieers , souldiers , sectaries , and republican members . and long since taking special notice , that during the armies & republicans proceedings against the king , & in hammering out their new common-wealth ; all the most eminent , zealous , religious members of the commons house , most opposite to jesuites , papists , popery , were totally secluded , secured by the army ; and their votes , protestations , advices , with the addresses , disswasions of all the godly ministers of london and other parts , yea ( * vvilliam sedgwicks , their own chaplains , ) totally rejected with highest contempt ; and the counsels of the most desperate jesuites , and popish agents ( flocking to london from all forein parts , and walking freely in the streets whiles the members were under strictest restraints ) vigorously pursued : so all their subsequent actions demonstrated to him and all considerate protestants , whose creature their new republick originally was , and for whose service it was created , as these memorable particulars evidence . a . they did quite set aside all those . against●esuites ●esuites , seminary priests , popish recusants , and the exercise of any t●eir romish superstitions in any place within our realms , which the secluded members , and army-officers too at first , eagerly pursued ; and the king in the treaty of the isle of vvight assented to at the first without any scruple : for which the iesuites in france , at a general meeting there , presently resolved to bring him to iustice , and take off his head by the power of their friends in the army ; as the king himself was certified by an express from thence , and wished to provide against it , but two dayes before his removal by the army from the isle of vvight , in order to his execution . ly . they b totally set aside and repealed by express votes and printed knacks , the very oaths of supremacy and allegiance , as unlawfull oaths , which themselves took and ought to take before they sate or could sit as members in the commons house ; by the statutes of el. c. . & iac. c. . which oaths were specially made ( by the great wisedom , care and piety of our protestant parliaments , purposely to detect the persons , and prevent the plots , conspiracies , assasinations , treasons , vsurpations , and new gun-powder plots of the romish iesuites , popish priests , papists , and their instruments , against the lives , crowns , prerogatives of our protestant kings , princes , their royal posterity , realms , parliaments , our protestant church and religion , as the statutes of eliz. c. . eliz. c. . iac. c. . iac. c. . and other acts , with king iames his apology for the oath of allegiance , and sundry learned treatises in defence of these oaths , declare at large : which oaths were c refused , opposed only by the most iesuited and desperate papists ▪ , at home and abroad : but approved by the moderatest and loyallest priests and d lay-papists who writ in justification of them ; and repealed to their greatest joy and advantage , by our jesuitized zealous republicans . ly . they discharged , absolved themselves , and all other members , subjects , officers , who had taken these oaths ( as most had frequently done ) from the future observation of them , and of their solemn protestation , e vow , league , national covenant , made in pursuance of them ; contrary to this expresse clause in the oath of allegiance , f i do believe , and in conscience am resolved , that neither the pope , nor any person whatsoever , hath power to absolve me of this oath , or any part thereof , which i acknowledge by good and full authority to be lawfully administred to me , and do renounce all pardons and dispensations to the contrary . and all these things i do plainly and sincerely acknowledge and swear , according to the expresse words by me spoken , and plain and common sense of the said words , without any equivocation or mental reservation , and i do make this recognition and acknowledgement , heartily , willingly , and truly , upon the faith of a christian. yet these faithlesse republicans , who took this oath as members , ( and several times else upon other occasions ) thus atheistically , like so many absolute popes , against all g laws of nations , nature , absolved themselves and all others from it , and set it , with the oath of supremacy , covenant , protestation , quite aside like old almanacks out of date . ly . not content herewith , they h imposed a new engagement , diametrically contrary to these oaths , the protestation , vow , solemn league and covenant , which every one must subscribe with his hand , to be true and faithfull to their new common-wealth as established by them , without a king or house of lords , putting all english freemen whatsoever into a new praemunire , upon a bare suggestion only before proof or conviction , and disabling them to sue in any court of their republick , or to receive or enjoy any degree , office , augmentation , or preferment whatsoever spiritual , ecclesiastical , civil , or military , or sit as members then ( and now again ) unless they would publickly subscribe it : which engagement thousands of our godly protestant ministers , gentry , freemen refusing to subscribe , were thereupon barred of their actions , executions , iudgements to recover their just debts , rights , inheritances , goods , offices ; denyed their degrees of learning , ejected out of their benefices , headships , fellowships , vice-chancelorships , augmentations , offices , freeholds , callings , against all rules of law , conscience , iustice , equity , religion , the fundamental laws and liberties of the land , their native birth-rights , after all their conte●●s , wats , contributions , prayers , fasts , endeavours for their defence : and all by these free-state-men . a tyranny , treachery , perjury , apostacy , transcending any since the creation , yet most eagerly pursued by them all their reign , to the utter ruine of many consciencious , honest protestants , and great rejoycing of all iesuites and popish enemies both at home and abroad . ly . the very first act of iustice they did , by the first commission of the peace they passed under their new republican great seal for middlesex , at the first sessions held under them at hix-hall , febr. . was the enlarging of a dangerous iesuite , and another old seducing papist , formerly imprisoned in the new prison : the only acts done in this first session , as those present then informed mr. prynne with much regret : which was seconded with the subsequent enlargement of other iesuites , priests , papists , elsewhere imprisoned : whereas on the contrary they shut up sir william waller , sir will. lewes , sir iohn clotwo●thy , major general brown , comissary cop●y , mr. prynne , mr. clement walker close prisoners in sundry remote castles divers years together , without any cause expressed , and mr. gewen with other members , several monthes , and sundry godly ministers , protestants of all sorts throughout the land , as well paliamenteers , as former cavaliers ; yea beheaded mr. love , an eminent protestant minister , and other protestants , but not one papist in their illegal high-courts of justice , erected by them ▪ against all our laws , whiles these romish locusts were thus enlarged , unprosecuted , and had free liberty to wander up and down our three nations , and act what they pleased to work out kingdoms , churches , and religions ruine . ly . the first who publikely owned them for a common-wealth , congratulated this their glorious change , atchievement , and ent●ed into a league with them , was the most catholick k. of spain , the popes , iesuites , chief patron and propagator of their catholick faith and designs : whose interests they prosecuted during all their republican domination . ly . they entted into a bloodie invasive war against their brethren of scotland onlie for owning their rightfull soveraign king charles , after his fathers beheading , according to their laws , oathes , duties , and solemn league and covenant ; invaded their ▪ country without any provocaion , slew many thousands of them with furie and cruelty in the field ; starved , destroyed hundreds of them taken prisoners by them , and sold others of them into forein plantations for slaves ; imprisoned , sequestred , banished most of their zealous godly protestant ministers , nobles , gentry ; took all their cities , castles , forts , amunition , arms , conquered , inthralled their whole kingdom , put them under intollerable taxes , tributes , and iron-yokes of armed governors , garrisons still continued amongst them to our cost ▪ destroyed their presbyterial and civil government ; and for an everlasting monument of this their barbarous unbrotherly kindnesse , and gratitude towards them for their former assistances , not only kept solemn publick thanksgiving-dayes throughout their republicke for their slaughters of and victories over them , but hanged up all their ensigns in westminster hall , and transported all their records close prisoners to the tower of london , where they yet continue . ly . they instigated the dutch to set aside the prince of orange his family , and put them out of the superiour commands , places of trust , they formerly merited and enjoyed , out of malice to the beheaded kings progeny ; mutined the states against each other , and then entred into a most costly , bloody , dangerous , unchristian war with those our old protestant friends and allyes , continuing all their regency , to the losse of many thousands of gallant protestants lives , the ruine of sundry familyes , the great weakning , impoverishing of both nations , the scandal , detriment of the protestant religion , the griefs of all forein protestant churches , the great joy and advantage of both our prosessed popish adversaries , and king of spain especially ; who long since designed both our ruines , by these very practises , prescribed to him by campanella in direct words , as those who please may read at large , in his book de monarchia hispanica , c. . & . ly . they freely permitted ( if not encouraged ) all their republican government , k diurnallists in their news-books , and those scurrilous , grosse impostors , lilly , culpepper , and other prognosticators in their almanacks , besides sundry other scriblers insufferably to revile and rayle against our oxthodox , godly , protestant ministers , especially presbyterians , to prophecy their downfull extirpation , execution , banishment , the utter ruine of them , their tithes , glebes , presbytery , to incense both souldiers and people to disown their ministry , detain their tithes , revile , abuse their persons , as being worse than any priests , iesuites , and greater enemies , traytors to their republick than they , ( who readily complyed with it as a child of their own begetting . ) xly. they permitted many thousands of popish primers and other books to be freely imported , and above thirty thousand popish and atheistical pamphlets of all sorts , against our church , religion , ministers , to be printed and vended in england without controll , as the london-stationers ( moved out of conscience ) declared and published to them in their beacon fired . and scintilla , which book was presently answered by the beacon quenched , subscribed by colonel pride ( the new faux ) and other army-officers , ( though writ by a iesuite as mr. prynne was credibly informed ) and presented to those then sitting at westminster , erecting them against the stationers and their beacon fired , as a new - gunpowder-plot , to blow up the army , parliament , and new common wealth , though a true , honest , harmlesse , pious , timely discovery of the papists and iesuites designs to blow up our religion , church , ministry , amongst other popish books then printed , v mr. prynne met with one as far as pendennis castle in folio , inittuled , the holy court , written by edmund causin a iesuite , translated into english by iesuites , dedicated to our queen mary , and the dutchesse of buckingham , printed in london by william bentley , . and sold by iohn williams in pauls church-yard , as the title page attests , having the iesuits badge , and s. i. ( societatis iesu ) in capitals printed in its front . in which folio book ( consisting of divers tomes ) tom. . p. to . , , , ▪ . tom. . p. . tom. . to , , . tom . , . to . and other pages , the popes supremacy , prayer to saints and angels , purgatory , masse , transubstantiation , and all other points of grossest popery were not only maintained , assered , but our very protestant religion branded for heresy , our late queen elizabeth , our ministers and all other professors of it reviled , censured for damnable heretiques , as mr. prynne then observed . ly . themselves in divers of their printed declarations , knacks , and their instruments in sundry books , ( as iohn goodwin , markham , needham , melton , and others , ) justified , maintained , the very highest , worst , treasonablest , execrablest , of all popish and jesuitical , unchristian tenents ▪ practise● , treasons , as the murdering of christian protestant kings , ( under the notion of tyrants ) the blowing up of parliaments , the subverting of kingdoms , the altering of all setled laws , governments , the forcible usurpation of others crowns , honors , officers , estates , without right or title , by force , murder , treachery , the breach of , dispensation with , absolution from all sacred oaths , leagues , covenants , promises , contra●●s , rebellion , against all lawfull superiours , and the open violation of the , , , & . moral commands of god himself , under the pretences of publick iustice , necessity , self-preservation , reformation , religion , publick good , safety , advancement of the gospel and kingdom of iesus christ , repayed with their own ejection . ly they closed in an offensive and defensive league with owen ro oncal , and the popish irish bloody rebels , against marquesse ormond , inchequin , and the protestant party there who had been the parliaments chief generals and officers , against the rebels ; in opposition to monarchy ; and when ( to couler the odium of it ) col. monke was questioned in the house for making this league with them , as done without their privity ; and one of them moved , that he might be committed for it to the tower ; that famous saint henry martin , stood up and retorted , that he desired the tower might be rather committed unto him for this good service : what high places of trust by sea and land he hath been advanced to since for this service , is very well known ; whereas marquesse ormond , the lord inchequin , and other protestants in ireland , who faithfully served the parliament against the irish rebels , and bare the brunt of the first wars against them , were yet the very first persons excepted in their printed catalogues , and news-books , from all manner of pardon or composition either for their lives or estates , and are quite stript of all their lands in ireland , out of odium unto monarchy , the kings posterity . and all this to advance the protestant religion and christs kingdom by and under their new jesuitical republick , the quite contrary way . these . particulars , like so many true , good , honest sworn grand-iury-men , impanelled by mr. prynne , out of mere zeal to his native countryes , church , religions preservation , will give in a true impartial verdict , whose proper child , our new commonwealth , whose instruments the guardians of it , but goalors of all our liberties under it , have been and now are again , and whose works they do . he shall subjoyn a few sad observations of like nature , during their infant republicks second wardship under their late protector , to promote the protestant cause and religion . . his making peace with the hollander after he had dismounted the republican grandees to set up himself in their places ; was in it self a christian , pious , prudent , and commendable act , beneficial to both nations . but if the principle motives of it were , a vast sum of mony from the dutch , put into his private purse ( as some report ; ) or a desire to ecclipse the honour , power of the prince of orange , their chief protector and his family ; to banish the late kings royal posterity , and adherents out of the netherlands , and leave them no subsistance , nor being there amongst protestants of our and their religion , to force them to seek new quarters amongst iesuites , papists , and cast themselves wholy on their charity , on purpose to pervert them in their religion , and destroy both their souls & bodies at once , which is visible and irre●ragable , they being all actually exiled thence by special articles upon the peace with the dutch. what protestant can think upon it but with horror , as the highest act of impiety , cruelty , barbarisme , injustice , uncharitablenesse , and malice ever yet recorded of any professors of christianity in the protestant religion . ly . his quarrelling with the king of spain , in hopes to gain his indian mines , and sending such a fleet , with so many thousand english protestants and souldiers thither , upon the bare project of n gage , a iesuited professed papist and spainiolized priest , who had lived there sundry years under the spanish king as a priest , ( all whose family and relations have been o desperate popish enemies to our religion . king , kingdoms ) with the disasterous successe and fruits thereof , to the expence of such vast sums of our own treasure , the loss of so manie thousand protestant souldiers , mariners , and undoing , endangering of our other american plantations ; if rightly weighed , was in truth rather a spanish and iesuitish plot to ruine us and our religion , than to advance them ; as mr. prynne at first reputed them , predicting the ill event before it happened . ly . his closing with france and the french-cardinal mazarine , upon the breach with spain , of purpose to banish poor distressed k. charles ( whom he drove out his protestant kingdoms , banished out of holland : ( deprived of all charitable supplies or hopes of relief from either for his necessarie subsistance ; ) and banish his brother the duke of york who had a command & great repute in the french army , with all their dependents out of france too , that he might the more securely establish himself and his posterity in their hereditarie kingly power , dominions , and leave them no place to hide their heads in , ( the effect , and chief end of that peace ; ) and that in pursuit of cardinal richelieus * forementioned instructions to ruine our monarchy , kingdoms , and work his infernal designs against us , ) was such an inhumane , unchristian policy , as verie ill accords with our saviours expresse precepts , mat. . . &c. lu. . , &c. rom. . , . but i say unto you , love your enemies : therefore if thy enemie hunger feed him , if he thirst give him drink : be not overcome of evil , but overcome evil with goodnesse . and a president hardlie paralleld . ala● how shall the memorable heroick charity , generosity , pietie , justice , of our norman conqueror king william , ( censured by this new conqueror and his army saints , as the worst of tyrants in sundry pamphlets ; ) and of his sons , william rufus , and henry . towards edgar atheling heir to the english crown after the death of edward the confessor ( when hee took it from him by the sword , under pretext of p king edwards last will , and being next heir to him in blood , not as a conquerour by war : ) who though after his q oath of homage , fealty , and subjection to william , twice set up , as heir to the crown , by the english nobility in opposition to him , twice routed by him in the field , driven into scotland , and quite left destitute of forces , friends and supplyes to gain the crown ; yet upon his repair to him in normandy , without any precedent articles for his securitie , anno . he not only pardoned his former insurrections , but r gave him a large gratuity , entertained and lodged him in his own court divers years , allowing him a pound of silver for his honourable maintenance everie day ( a great sum in that age : ) after which when he desired to go into apulia to the holie wars , s anno . he furnished him with many ships and souldiers : whence he returning after the losse of robert his chief commander and best men , though the emperours of greece and germany whom he visited in his recesse thence , honourably received , and profered to entertain and maintain him in their courts according to the greatnesse of his birth all his life time ; t yet he contemning to their proffers , out of a desire to enjoy his native country , returned into england , where he was courteously entertained by william the conqueror as before , till his death . after which edgar fiding with robert duke of normandy his eldest son , against william rufus the younger : he thereupon anno . deprived him of all the honours conferred on him by robert , and banished him out of normandy into scotland : but afterwards upon the accord between the brothers touching the crown , and peace with scotland , he was reconciled to king rufus , and returned into england , where he lived securely without the least restraint ; and was in so great favour with rufus , u that in the year . he sent him as general into scotland with an army to restore his nephew edgar son of malcomb ( who maried edgars sister ) to the crown , which his uncle dufnald had invaded after malcombs death , to expell dufnald , and make edgar king. which having effected , he returning again into england , lived there quietly without the least danger or restraint all rufus his reign , and some years under * king henry the first , betaking himself in his old age to a retired private country life , and dyed in peace , as our historians then living record . oh that there were the like charitie , ingenuity , christianitie , piety in the saints of this iron age , against whom these . first norman kings shall rise up and condemn in the day of judgment , when christ himself will pronounce this heavy sentence against them for all their pretended saint ship : * depart ye cursed into everlasting fire prepared for the divel and his angels , for i was an hungred and you gave me no meat , i was thirsty and you gave me no drink , ( no * not out of my large hereditarie revenues of three kingdoms , you have forcibly invaded against your oaths ; ) i was a stranger and you took me not in , ( no not into my own protestant realm , court , out of which you thrust me by violence , neither would you permit those of holland and france , where i was a stranger to take me in , but inforced them to banish and cast me out after their former entertainment of me as a stranger , ) i was naked , but ye cloathed me not , ( but stripped me and mine stark naked out of our inheritances , wardrobes , and all we had , ) sick and in prison , ( into which you cast both me and mine ) and you visited me not , yea made it high treason for any to do it , or so much as to pray for me in this my distressed condition , notwithstanding gods own evangelical precepts to the contrary , tim. . , . pet. . . acts . , . cor. . , , , thes. . , . rom. . , , . if the most righteous and charitable saints shall * scarcely be saved in this great day , o where shall these ungodly , unrighteous , uncharitable , and transcendently malicious sinners ( not saints ) appear ? o that they would sadlie consider it and repent thereof , as the onlie means to avoid this fatal doom of christ at the last day . this truth they cannot , dare not deny with their tongues , but they contradict it by their lives , ' non contradicunt lingua sed vita . moneo , rapit ; doceo , rapit ; praecipio rapit , arguo , rapit . quomodo non contradixit ? si ergo in ignem aeternum ibit , cui dicturus est christus nudus fui , & non vestisti me : quem locum in igne aeterno habebit , cui dicturus est , vestitus fui & spoliasti me ? hic fortasse ut evadas hanc vocem , mutata consuetudine , cogitas spoliare paganum & vestire christianum . ad hoc respondebit tibi christus , immo respondet tibi nunc per servum qualemcunque ministrum suum : etiam hic parce damnis meis ; cum enim qui christianus es spolias paganum , impedis fieri christianum . etiam & hic fortasse respondebis : ideo spolio paganum , ut per hanc asperam & salubrem disciplinam faciam christianum . audirem & crederem , si quod abstulisti pagano , redderes christiano , &c. o that our harpyes and beasts of prey , ( who have obliterated the tenth commandement out of all their decalogues as the papist● have done the second ) would lay it close to heart , being saint augustines . sermon to them , as well as mr. prynnes : the rather , because the night before o. cromwell pro. died , mr. prynne then being at swainswick near bath ( having never dreamed of him before ) dreamt he was dangerously sick at bath , and that he then sent a special messenger to him importunatly desiring , he would presently repair to bath , for he was very sick , and desired much to speak with him : whereupon ( though he never saw him since . ) he presently went to bath : where finding him lying on his bed , he told mr. p. he was very sick , and had sent for him to tell him what he should do in this condition . mr. prynne thereupon forthwith answered , that he could give him n● better nor other counsel than that of saint z augustine ( asserted by all divines as an undoubted truth ) non remittetur peccatum nist restituatur ablatum : that there was no remission of sin without full restitution of rapine : therefore he must forthwith restore the banished king to his * crown and kingdoms , of which he bad most unjustly deprived him ; the parliaments to its just rights , freedomes , and privileges , which he had utterly subverted ; and the people to their fundamental laws , liberties , properties , of which he had most unjustly and perfideously defrauded them more than any man , against his oaths , trust , duty , under pretext of defending them ; repent of all the blood he had shed . and mischief he had done ; then there was hope of mercy and pardon for him both from god and men , otherwise there was none at all for ought he knew . at which he standing mute , as much amazed , without any reply , mr. pr. thereupon departed , without more words ; and the next morning told this dream to his sister , and sundry others , telling them he was confident he should hear some strange news of cromwell very speedily , since he never dreamed of him before ; and within three daies after he heard of his death about . hours after his dream . o that all other usurpers of others estates , offices , lands , places , by bloud and rapine , would sadly consider of it , and make real restitution of them before they die ! then would our peace be soon restored without war or bloudshed : and their souls saved ; which else in all probability * will be damned , without real restitution when possible to be made . . his relieving , interceding for the massacred persecuted protestant albigenses in piedmont , charitable collections for them and others , was a christian work , worthy applause : but his giving just provocation to popish princes abroad , by the * jesuites instigation , to extirpate their religion , as a very seminary of treason , sedition , rebellion ; and to massacre , eradicate them as a company of traytors , antimonarchists , regicides , hypocrites , rebels , and seditious persons ; from his own and his confederates antimo●archical principles , practises , treasons , rebellions of this kinde , both against their king , parliament , monarchy , their confederated brethren of scotland and their king , as being all of one religion , perswasion ; his accommodating the king of spain with whole regiments of bloudie irish papists , who had embrewed their hands in so much protestant bloud in ireland , and were the chief instruments in murdering these poor protestants ; his negligence in examining the misimployment of this and other collections under him for distressed foreign protestants ; the greatest part of which are yet in the collectors hands , or diverted otherwise . was in truth but first to kill , wound , plunder ; and then relieve them when too late . . his confederacy with the king of sweden to invade the kingdom of poland , and usurp that crown by force , ( without right or colourable title , ) upon pretext to advance the protestant cause , relieve the protestant churches & propagat the gospel there ; had some specious shew of zeal to religion : but to doe apparent * evil , that good might come of it ; to ingage in such a war to propagat the gospel of peace , which ended in the total extirpation of all the protestants and their churches in poland , whence they are now totally extirpated , as himself related in his briefs , papers for their over-late relief : and produced a new bloudie warr ( wherein he also sided with him ) against the king of denmark , a protestant king , the marquess of brandenburgh , the dutch , and other our protestant allies , sadly divided against each other , in late bloudy battles by land & sea , to the endangering of all the protestant churches throughout the world , and engaging them all in a new warre , and our three nations ( in all probability ) against our protestant brethren , ( now the popish kings are reconciled , and ready to destroy us all ) being broken in pieces amongst our selves , impoverished , butchered by one another , rather like savage beasts , than men or christians ; and that in direct pursuance of a campanellaes , b richelieus , and c other iesuited plots , who expresly write : that the catholicks are to use all arts and means to divide the protestants , lutherans , calvinists , and sectaries one from and against each other , by various arts and means , and all occasions laid hold of for that purpose , that they may with more ease oppress , destroy them all ; and that they ought not to neglect the opportunity to accomplish their utter extirpation when their monies are exhausted , their forces weakned , and they divided by their intestine wars . the best means being thus to destroy them by themselves , till they ( like the kite in the fable ) shall devour the frog and mouse together , during their combats with each other ; was such a machiavilian policy to advance the protestant cause , as mazarine and the iesuites suggested to him on purpose to effect their ruine ; as all wise men , and his own creatures now over-late discern : and bedlam hugh peters in his letter to a great army-officer , the th of this instant may. . his endeavour to bring in the d iews with their synagogues and iewish ceremonies , under a pretended hopes of their long-desired conversion , but real intended expectation to finger two hundred thousand pounds of their gold at present , and all the rest in future when transplanted ; to set up their antichristian judaism , in direct contradiction to our saviour iesus christ ; and at the very self-same time , by his printed declaration novemb. . and private instructions to his new basha's ( or major generals ) to eject , silence at one blow ( without conviction , hearing , or the least legal proceeding ) many hundreds of ministers , schoolmasters , scholars of the late kings party ( though learned , orthodox , godly , pious , peaceable , formerly indemnified and admitted to exercise their functions ) and prohibit them any more to preach , marry , administer the sacrament , pray , teach school in any publike place , or private meeting of any other persons , than those of their own family , or in any gentlemens houses as chaplains or tutors to their children , under pain of moneths imprisonment for the first , moneths for the d . and perpetual banishment for the d offence : and to punish them as rogues and vagrants , if they wandred abroad to begg their bread , on purpose to starve both them , their wives , families , or enforce them to flie into forein popish realms , ( being excluded out of the netherlands ) and there turn papists to preserve their lives ; when all priests , jesuites , sectaries whatsoever , and jewes themselves had so much liberty under him ; was such a transcendent barbarism , impiety , and high way to extirpate our religion , ( as pious learned archbishop vsher told him when he mediated for their libertie , and could not prevail , as he told mr. prynne and others with tears , which brake his heart soon after ) as the pope , and iesuites themselves could not have invented the like ; and exceeded all forein persecutions against protestant ministers in piemont , bohemia , and silesia , by popish princes , being of a different religion , but he a pretended protestant zealot . . his extending not only his toleration but real protection to all sects whatsoever , except popery and prelacy , and passing the late bill . ( put on by the presbyterians ) against papists , might savour of some disgust against those of the romish religion : but his extraordinary intimacy with cardinal mazarine , sir kenelm digby a most dangerous jesuited papist lodged by him in whitehall , ( a chief instrument of the union between him and mazarine , ) and sundry other papists , jesuites , popish priests : his suspending all penal lawes , executions against popish priests , jesuits , though sometimes taken in their pontificalibus at masse , and soon after released : his protections under hand and seal to sundry of them , particularly to maurice conry , provincial of the franciscans in england : their coming over in greater swarms of later times , than ever heretofore , without restraint , as himself * printed as well as declared in his publike speeches : his endevours to stop the late bill against papists the very morning he was to pass it , by his whitehall instruments , who moved its suspension for a time , as not suiting with present forein correspondencies ; ( against whom it was carried by . votes , that it should be carried up with the rest then passed : ) with the copy of his letter to card : mazarine , ( in many good hands , affirmed to bee real not counterfeit ) excusing his passing this bill , as carried on by a violent presbyterian party much against his will ; yet it should not hurt them though passed , &c. which accordingly fell out : the large expressions made to those of dunkirk in his name by their gov : lockert , to protect them in the full and free exercise of their romish religion as amply as ever the king of spain did : with other particulars of that nature : and his great incouraging of all sorts of sects headed , acted by disguised iesuits , priests , friers , as m. p. hath elswhere fully evidenced : are demonstrations beyond all exceptions ; what an advancer he was of the true prostestant cause and religion . . his undermining , subverting all our fundamental lawes , liberties , properties , ( and parliaments too ) in the highest degree , by his own and his army-officers , councils , new printed folio ordinances , instruments , taxes , excises , high courts of injustice , major generals commissions , instructions , proceedings , by committing sundry persons close prisoners ( some of them to forein islands ) without any cause expressed , legal trial or conviction divers moneths , years , by warrants under his own or his councils hands : his stopping returns of habeas corpora , when granted , or removing the prisoners to new remote prisons : his sei●ing , securing the persons , horses , arms of thousands , and banishing them from london time after time , upon meer forged plots , fears : his disbenching his own judges for not complying with his illegal will : his oft stiling magna charta , magna farta with highest indignation : committing . lawyers to the tower at once as traytors , for daring to argue an habeas corpus against his illegal commitment , and whitehall ordinance for excise in conyes case ( a president not to be paralleld : ) his prohibiting f all lawyers , sollicitors , iudges , and courts of iustice whatsoever under him , to plead , act , or admit any proceedings , or legal trial at law against his illegal ordinances and absolute commands , under pain of his highest indignation : his defrauding most patrons of their livings and lapsing them , ( by his own ordinances , instruments ) into his own hands , refusing their honestest , ablest clerks , without any cause assigned , and denying them the benefit of quare impedits after judgement given upon them by his own judges . all these are clear demonstrations to mr. p. beyond contradiction ; that our infant commonwealth both in its birth , growth , progress under its old guardians , and new protector , was but the iesuits , popes , spaniards , mazarines , and our popish enemies new creature , and instrument to ruine our protestant church , religion , king , kingdoms , laws , liberties : the very name of magna charta it self ( for which our ancestors heretofore spent so much bloud and treasure in reality , and we of late only in pretence ) being so execrable to our new free-states men , that in september . it was expunged out of a petition m. p. drew for mr. luttrel , ( to save dunster castle the habitation of him and his ancestors , from being pulled down over his head before hearing or notice , by an order issued for that purpose and put in execution ) to iohn bradshaw and their free-state council at whitehall , by their attorney prideaux order , because it would distast them : and a great fart was more savory to olivers red nose than it : all in pursuance of the jesuits old plot : as you have heard out of watsons quodlibets : this m. p. shall a little insist on , because of a present design against our laws now eagerly pursued . the late parliament in a above one hundred declarations , ordinances , orders , votes , made this their principal charge against the kings iesuitical counsellors , and the popish forces raised by him , against the parliament , that they endeauoured the subvexsion and extirpation of our antient fundamental laws & government : and that one of the b chiefest causes of their taking up arms and raising armies against them , was for the necessary defence and preservation of these antient good old laws and liberties , ( the inheritance and birthright of every english freeman ) whereby not only his maiesties regal authority , but the peoples security of lives , lands , livings , privileges , liberty , ( both in general and particular ) are preserved and maintained , and by the abolishing , innovating or alteration of which , it is impossible but that present confusion will fall upon the whole state and frame of this kingdom : as the whole parliament of iacobi ch . . expresly declared long since in the prologue of that act , the late long parliament in sundry declarations ; yea king charls himself in his declaration by advice of his council , to all his subjects , dec. . . exact collect : p. , . his answer to the lords and commons petition , april . . ibid. p. . to their declaration may . . p. , . and elswhere , the defence whereof against invasion , subversion , he made the ground of raising forces against an anabaptistical party & faction in the parliament , intending to subvertand extirpate them root and branch , as you may read at large : ib. p. , , , , , , , , , , . a collection of ordinances , p. , , , , . yet notwithstanding all these parliament declarations and commissions in pursuance of them ; the army-officers , souldiers , by the iesuits suggestions , have been so farr intoxicated , as to attempt the utter subversion and extirpation both of our laws ( and lawyers too ) for whose defence they were principally raised , in pursute of * father parsons forementioned design , under pretext of reforming them : though the bare indirect attempt to subvert them in a farr inferiour degree , was adjudged high treason in c straffords and canterburies cases , for which they both lost their heads as traytors , and in the case of the ship-mony judges in the long parliament . that they have prosecuted this design in england to subvert our fundamental common lawes , and great charter of our liberties , is most apparent by their proceedings in their mock parliament , and printed vote august . ordered , there should be a committee selected to consider of a new body of the law , and the government of this commonwealth : compared with a true state of the commonwealth of england , scotland and ireland &c. printed . p. , , , . which assures us , that there was a strong prevailing party in that assembly , whom nothing would satisfie , but a total eradication of the whole body of the good old laws of england , ( the gardians of our lives and fortunes ) to the utter subversion of civil right and propriety , &c. and our two jesuitical prognosticators were so confident of it ( as if the stars in heaven had concurred herein with the iesuites and anabaptistical conventicle then on earth ) that in their scurrillous prognostications they predicted the downfall not only of all our ministers , and their tithes , but of our laws and lawyers , prognosticating , in the moneths of ianuary , february , september , october , and december . that the lawes & lawyers of the nation should be pulled down to the ground ; that the great charter it self should be called into question with other liberties , as not suting with english mens brains at this time ; that the crabtree of the law should be plucked up by the roots to hinder the future growth thereof ; there being no reason we should now be governed by the norman law , since the norman race is taken away by the same instrument ( the sword of conquest ) which brought it in . they are the very words of these false prognosticators , who have many such like passages in them both before and since . which , compared with the late speeches of many common souldiers : that there should be no more terms in westminster hall : that they hoped very speedily to see not only the lawyers gowns , but the lawyers themselves hanged vp over the courts in westminster hall , where the decayed scots coulours hung , to supply their vacant places : that it would be a goodly sight , to see all the trees in st. iames's park hung with lawyers and their gownes ; with sundry such like speeches , since may . . all these compared together , ( with what mr. prynne hath frequently heard the soldiers say during his neer . years close imprisonment under them , and their new republike in dunster , taunton , and pendennys castles ) that they hoped ere long to see and leave neither one lawyer , nor parish priest throughout england , nor yet steeple , steeple-house or bells , which they would sell , or cast into ordinance to fight against the dutch , &c. with some petitions and pamphlets now on foot to the like tune ; and the army-officers fresh proposal , to those now sitting and their votes thereon ; for the reformation of our laws , &c. are an infallible evidence to him , that all our former , late , and present cbanges of this nature , for which this formerly eiected republican conventicle is now reassembled , are the meer proiections of the all-swaying iesuits , to work our laws speedy ruine . it being their professed practice even in other forein popish kingdoms , to subvert their fundamental lawes , especially those which concern the inheritance , succession of the crown , and liberties of the subjects ; for which take these two testimonies even from forein papists themselves . the . in that memorable peece , t consilium de recuperanda et in posterium stabilienda pace regni poloniae per iesuitarum ejectionem , presented to the parl. of poland , an. . out of which they were soon after banished . hic autem vos notare velim ejusdem pestis iesuitici non minorem efficatiam esse in oppugnanda et expugnanda republica , atterendis legibus , quoties nempe sentiunt , se ab his , in instituta sua venatione , impediri . et quod ad leges attinet , hae politicae tineae , illas praecipue arrodere consueverunt et exedere ; quibus jus successionis in regno continetur , liberiasque et pax publica firmatur . which he proves by several presidents of their shaking abolishing the very fundamental laws of this nature , in france , hungary , styria , austria , c●rinthia , and elsewhere : and that with such success , ut obtritis legibus praedictarum nationum libertas nitebatur , partem earum penitus oppresserint , partem ad extremam desperationem adigererint : in praedictis provinciis alicubi illustribus et antiquissimae nobilitatis familiis publice diem dictum esse intra quem se , aut coram iesuitarum tribunali sistant , aut relictis patriis sedibus alio migrent . and is not this the sad , desperate condition of many antient noble protestant families , knights , gentlemen and others , both in england , ireland , scotland , and of the royal protestant family , since our late warrs , changes of government , parliaments , and extirpation of all our fundamental laws , liberties , properties , by the iesuits and their instruments ? o let our whole nation and republican members too ( once shamefully ejected by those now calling them in ) consider , consider , consider this over and over , and lay it close to heart : least closing with the iesuites now again in this new convention , k as they assuredly did in the old since december . till april . they incurr that sad fate of u king henry the th of france ; who after the execution of some and banishment of all iesuites out of france , upon iohn castles one of their disciples stabbing him in the cheek , with an intent to murder him ; and afterwards recalling , favouring , flattering them by building a stately college for them , entertaining one of them for his confessor , and bequeathing his very heart unto them , to be interred with them after his death , together with a very large legacy of plate and lands ; yet they soon after procured their desperat assassinate and disciple ravilliac to stabb him to the heart , in the open street in paris , an. . a just reward for his neglect , contempt of his parliaments timely admonitions in sundry remonstrances presented to him , never to trust or recall them more ; and the notable epigram against the iesuits , tendred to him by a true philopater , anno . wherein there is this memorable passage in relation to their subversion of all antient fundamental laws . cuinam hominum ignotum est iesuitas nocte dieque , nil meditari aliud quam qua ratione modove , prisca statuta queant , patriasque evertere leges ; inque locum antiquis totum in contraria nobis , iura dare ; & sanctos privata ad commoda ritus ▪ fl●ctere ; nulli unquam quod post mutare licebit ? &c. m. prynne considering all these particulars , and knowing that this sodain re-assembly of the old eiected republican members , now sitting , originally proceeded from the jesuits projection , sollicitation , and anabaptistical sectarian party formerly combining with them , in all their proceedings against the late king , ( at whose execution the * queens own conf●ssor was present in a soldiers habit , flourishing his sword when his head was off as well as other iesuits , popish priests , overjoyed with that spectacle ) the secluded members , the house of lords , and transformation of our kingdom into a commonwealth , to accomplish their remaining designs , left unfinished ; pro●ected in terminis by * father parsons and the jesuites , and violently pursued in the short mock-parliament nominated at whitehall by the army-officers themselves , . viz : to eradicate the national church , ministers , ministry of england , advowsons , tithes , glebes , with parochial churches , chapels , as antichristian , and leave not one stone of them upon another : which iohn canne ( the new-voted diurnall-man ) in his voice from the temple , then dedicated to them , particularly excited them to , with all speed and earnestness , as their generation-work , expected , required of them by god and all the saints of the land ) to sell all the crown , colleges , vniversities , and corporations lands yet remaining , to support and pay the iesuited army ( kept up so long on purpose to ruine , eat us out . ) m. prynne thereupon , held it his bounden duty , both as a m●mber , lawyer , englishman , and former patriot of his countries liberties , against all iesuitical vnderminers of them and our protestant religion , truly & fully to discover the same to the whole english nation , army , and those now sitting ; and to press it home upon their consciences by this his narrative , whether they will hearke● to , believe , obey it , or not , since he was forcibly secluded from doing it by speech : having sufficient warrant , encouragement , and protection for it , ( as he apprehends ) from god himself , ezech. . , , . and jer. . , . for they are hard of face , and stiff hearted ; therefore ( son of man ) i do send thee unto them , and thou shalt say unto them , thus saith the lord. and they , whether they will hear , or whether they will forbear , ( for they are a rebellious house ) yet shall know , that there hath been a prophet among them . and thou son of man , be not afraid of them ; neither be afraid of their words , though briers and thorns be with thee , and thou doest dwell among scorpions ; be not afraid of their faces , nor be dismayed at their looks , though they be a rebellious house . and thou shalt speak my words unto them , whether they will hear , or whether they will forbear . but thou son of man , hear what i say unto thee ( and o that all the seduced army , republican members and their confederates would now hear and obey it too ) be not thou rebellious like that rebellious house . for behold i have made thee this day , a defenced city , and an iron pillar , and brazen walls against the whole land , against the princes thereof , and the priests thereof , and against all the people of the land ( engaged against thee and thy true good old cause ) and they shall fight against thee ( by sundry scurrillous pasquils , petitions , slanders , reproaches , and armed secluding guards ) but they shall not prevail against thee . for i am with thee , saith the lord , ( as well now as in all former engagements , trials for this good cause ) to deliver thée , the assurance whereof hath made him so resolute , as singly by himself , to encounter an whole armed host and house , at once , and throuh gods blessing to rout them in a manner by his bare presence , and their good old cause in a great measure by his single opposition : the a sole praise whereof he desires to render wholly and solely b to the lord of hosts , and c god of the spirits of all flesh , and not in any kind or part to himself , d a meer worm and not a man , an earthen vessel ; yea one of the weak , base , despised things of the world , and a thing that am not , whom yet god can and may make use of , to confound the things that are mighty , and to bring to nought things that are , that no flesh shall glory in his presence , and that the excellency of the power might be of god and not of him ; who h●th promised , that e one of his faithfull people shall chase a thousand , and two , put ten thousand to flight , ( in a true good old cause and quarrel ) for the lord their god he it is that fighteth for them as he hath promised . what then might all the secluded members and old lords house do , and all the well affected orthodox protestants in our three nations , had they but hearts , wisedoms , courage to joyn their counsels and endeavours together , ( according to their solemn league and covenant ) to vindicate their true old cause and parliamentary privileges , against all inconsiderable oppugners and subverters of them . mr. prynne ; having neither wife nor child to provide for , not much to care for , and never yet desiring any new office , advancement or employment in this present world , nor receiving the least reward for all his faithfull publick services , nor recompence for his manifold losses , sufferings , expences for the publick to whom he hath ever been a faithfull unmercinarie servant , is in good hopes , that the serious perusal of the premises , will convince the good old cause now cryed up , to be a cheat of the iesuites put upon the army , ( as hugh peters apprehends , stiles it in his letter , the th . of this may , to a chief officer of the army , ) and also wipe of all the mis-reports , scandals , reproaches , censures , yea acquit him from the heavy charge of sedition , mutiny , treason , against the infant house and republick , cast upon him for his actions or discourses here related , by those who are reallie guiltie of these crimes in the highest degree , by subverting our antient kings , kingdomes , kingship , parliaments , peers , privileges , laws , liberties , properties , oaths , by their iesuitical plots and innovations , and making a prey of all the publick wealth , lands , revenues of the crown , to enrich themselves , and maintain a seditious army , utterly to devour the small remainder of our publick and private wealth almost drained to the dregs ; and betray us into the hands of our forein enemies , when they have left us neither hearts , hands wills , mony , nor means , manfully to resist their invading power , and reduced us to that slavery , as rather to live under any forein tyrannie , than an g oppressing sword of their own domineering hirelings . as for the thing they stile sedition , it is but h seorsum itio , when a few confederated innovators shall seperate themselves from the general body or assembly of the kingdom , chuch , parliament , house , whereof they are members , and act a part by themselves , as a divided republick , church , parliament , house , without and against the generalitie , and true lawfull members , and seperate them from their company . i and if this be truth , as k our statutes , lawbooks , casuists , canonists , and historians accord , we shall know in whose hearts , house sedition truly dwells . and if l aristotle m aquinas , n angelus de clavasio , and o sund●y others who write of sedition , may be credited ; he who disturbs the rule or government of any unlawfull vsurper is no seditious person , because such a usurped government or power is not ordained for the commo● good , ( whatever pretended ) but for the private advantage of the usurper , therefore the disturbance of such a vsurper hath not the reason of s●dicion ; yea , it is to be commended , because it freeth the generality of the people from a tyrannical power usurped over , or forcibly imposed on them against their wills , and it is the ●surping tyrant only who truely is seditious , as they all define in direct words . and whether mr. prynne and other secluded members and lords , being ●ive times their number , or those who seclude them be seditious , let the whole kingdome resolve . mr. prynne not knowing whether he shall have the like opportunity again , shall for a conclusion of this narrative addresse himself , and direct some things he intended to have spoken . . to the army-officers and souldiers , remember i beseech you in the bowels of jesus christ , what your own army-chaplain iohn sedgewick in his iustice upon the armies remonstrance , from st. albons , nov. . . and rebukes of that evil spirit that leads them in their counsels and actions , hath written to them therein , and to the lord fairfax then general , and the general counsel of war , in his epistle dedicatorie to them , when they first espoused their present good old cause . his words are home and piercing , destruction you practise , it is your work , it is your end , you cannot see beyond it , and you are hastning to it , it is the center to which you tend , and therefore i cannot but shew it to you , that you may stay your course before the pit shut her mouth upon you . you are full of glorie in the great things you have done , wonderfull thing ! a mighty presence of god. but in sum what is it ? you have torn a poor sinfull kingdom in pieces , you have executed wrath upon your brethren , friends , and countrymen , you have laid desolate your father the king , the parliament , your mother , your own country : this is your glorie to be executioners , assyria the rod of mine anger , what a crown is this ? have you restored , blessed , healed , comforted , saved any ? no , you have but plunged the kindome and your selves into a pit of darknesse and confusion . you drive furiously over the king , parliament , laws , conscience , loyalty , privileges , so as no human nor sacred thing can stand before you . it is high time to withstand you , for it is not men onlie that suffer from you , but the lord : your sword goeth so deep that it pierceth through his soul also : you are gone is farre in dissolving the foundations of government , that you are come to him who upholds the pillars of the earth : you reach to the head of principalities , and powers ; to the lord who is the author and upholder of all these things . he is in these despised broken ordinances of his , and sensible of everie blow that is given to them : you have digged through the wall of flesh and men , and through the partition wall that divided them from god , and now you are in the bowels of the lord ; these miserable broken powers are now the lord. go on , tear and rend , you will at last look upon him whom you have pierced , and mourn . o that you would now do so in good earnest , as you pretend only in your declaration of may . . and a yet go on still in your former trespasses , for which god will wound your hairy scalps . o consider , that jesus christ , whose servants ye pretend to be , is both a b king of glory , & a c king of saints : that the gospel you professe is the d gospel of the kingdom , ( not republick ) yea , the e kingdom of god , and of heaven in gospel-language : that his church whereof you pretend your s●lf members , is frequently styled a f kingdom , never a common-wealth ( or at least bnt g once , and that not in opposition or contradistinction to a kingdom , which is the first excellentest of all common-wealths , as h heathen philosophers , polititians and devines accord , ) but as the verie same with it : that the saints themselves are styled , the i children of the kingdom , ( not republick ) k companions in the kingdom of christ , even in this world ; yea a l kingdom of priests , a royal priesthood ; nay kings and priests to god the father , and that by christs own constitution . consider yet further , that heaven it self , into which you expect at last to enter , is ever stiled m the kingdom of heaven , n an heavenlie and everlasting kingdom , a o kingdom which cannot be moved , a p kingdom which shall have no end ; ( never a common-wealth ; ) that in this kingdom we read of nothing but q crowns , scepters , thrones , robes of glory and majesty , and of r reigning in it for ever and ever . that christ himself hath promised , appointed , and his father given to all his saints the s kingdome of heaven . upon which account they are now stiled t heirs of the kingdom , and shall hereafter u inherit & possesse this kingdom , receive the crowns , wear the royal robes , sit upon the thrones provided for them in it . how then have the enchanters of rome , spain , france , so far infatuated your understandings , blinded your judgements , intoxecated your brains , perverted your wills , corrupted your affections , seared your consciences , engaged your unrulie passions , as notwithstanding all this , to make you bedlam madde , against all kings , kingship , kingdoms , crowns , scepters , thrones , principalite● , and kingly power , as to a abhor , and engage against both the things themselves and their verie names , yea to extirpate them root and branch , against his expresse evangelical precepts , word and practise of all his saints in either testament , to dote upon such a strange vtopian common-wealth , and new freestate , the verie names whereof , much lesse the things , you find not once in scripture in your sense , and never yet read of in the militant or triumphant church of christ. let mr. prynne a little expostulate the case with you , not as a lawyer but as a christian. do you indeed believe the scripture , to be the very will and word of the x great king , the soveraign lord , and iudge of all the earth , and of jesus christ , y the king of kings , the lord of lords , and king of saints , which you are bound in conscience , under pain of eternal damnation to believe and obey ? if not , proclaim it as lo●d to the world with your voyces , as you do by your sworde , actions ; and then all will know you in your native colours , to be no saints but real atheists , and all reasonings with you will be in vain . but having better perswasions of you , that you believe the scripture to be the only rule of your consciences , iudgements , lives , both as souldiers and christians . then answer clearlie to these interrogations ; the lord of hosts himself most peremptorilie and preciselie commands you , to fear god , honour the king , pet. . . rom. . . yea to fear the lord and the king , ( coupling both these together as unseperable ) and not to meddle with those who are given to change , prov. . . how can , how dare you then dishonour , vilifie , reproach , destroy , both your natural kings , and kingship too , without the least fear at all of god or the king , and change them into a new republican conventicle ? he commands you to subject your selves to the king as supream , both by the ordinance of god and man , and that for the lords sake : and avoiding scandal to religion , pet. . , . to be subject to the higher powers , and amongst them more especiallie to kings and principalities ; and that not only for fear of wrath , but for conscience sake , for these reasons clearlie expressed : because they are of god , and ordained by god : because they are the ministers of god for your good . because they are gods avengers to punish you , if you disobey , resist , or do evil ; because they who resist them resist the ordinance of god , and shall receive to themselves damnation , rom. . . to . tit. . , . vvith what face , heart , confidence , conscience , then can or dare you , not onlie not submit , subject your selves to , but exalt yon● selves above , against your lawfull soveraign kings , and higher powers , so far as not onlie to re●ist , but destroy their persons , powers , kingships , principalities themselves though gods own ordinance ? and that out of pretended zeal and conscience too ; and hope to receive a crown on earth , or in heaven for it , when as god himself denounceth damnation to you , for your verie unwarrantable resistance of them alone , and much more for their destruction . god requires you to make prayers , supplications , intercessions , and giving of thanks first of all for kings , that you may live a peaceable and quiet life ( under them ) in all godliness and honestie , for this is good and acceptable in the sight of god our saviour . to make prayers to the god of heaven for the life of the king and of the kings sons , ezra . , . to pr●y with all the primitive church and saints of god , psal. . . give the king thy judgement o god , and thy righteousness unto the kings son : how can , how dar● you then , not onlie neglect these duties , but prohibit , condemn , punish them , as no lesse than high treason in others ? and not onlie fight , but curse , revile , pray against the king , and the kings sons too , and take away their lives , livelihoods , instead of praying for them , reputing it both your godlynesse , honesty , yea a duty acceptable , and well pleasing unto god. e hear heavens , and tremble o earth at this great impietie ; god commands you eccles. . . to keep the kings commandement , and that in regard of the oath of god : and dare you against all your oaths of fealty , homage , supremacy , allegiance , protestation , league , covenant , printed declarations , and your own propositions august . that the kings person ( and royal issue ) may be restored to a condition of safety , honor , and freedom in this nation , without diminution of their personal rights both abjure , eradicate king , kingship , and the royal posterity ; f that you may no more keep nor obey anie of their superior commands , and prefer the commands of anie undutifull army-officers , ( raised onlie to defend the king and parliament from all force and violences ) before both their ordinances , proclamations , commissions , votes , to both their ruines ? god injoyns you not to curse the king no not in your thoughts , & not to revile or speak evil of the ruler of your people , eccles. . . exod. . . acts . . tit. ▪ . and can you , like those wicked idolators , isay . . curse your king and your god , and look upward : and like those unjust , carnal , bruitish beasts , ( made to be destroyed , and reserved to the day of iudgement to be punished ) despise dominion , speak evil of dignities , kings , kingship , pet. . to . jude , , . for which the ●ospel it self denounceth , woe unto you , perishing in the gain-saying of core , jude . that you shall utterly perish in your own corruption , and receive the reward of unrighteousnesse , pet. . , . christ himself more than once enjoyns you in the ●ospel , to render to caesar the things that are caesars , to wit , all his dues , tributes , custom , fear , honor , mat. . , . mar. . , . lu. . , , . rom. . . how can or dare you then wrongfully forciblie take away and detain from your rightfull king & caesar , not onlie all these his dues and crown-lands too , but his verie crown & life to boot , & instead of making restitution of them to his son when he came to demand the fruits of his fathers vineyard , do and say with those wicked husbandmen in the gospel , mat. . , . lu. . . this is the heir come let us kill him , and the inheritance shall be ours , and cast him out of the vineyard . o remember the sad doom which christ himself and all his auditors have denounced against you for it in these texts , & luke . . then tremble at it . if all these precepts will not affect nor reform you , consider , that it hath been the general constant importunate desire of all nations , and gods own people too , ( wherin god himself hath gratified them ) to set up kings to judge , rule them , and fight their battels , deut. . , . sam. . . , , . ier. . to . for all the people unanimouslie to rejoyce , and expresse their gladnesse , contentment , satisfaction delight , triumph , at their kings solemn inaugurations , with trumpets , feasts , shouts , acclamations ; & to eccho out this unanimous publick ovation , again and again , god save the king , let the king live , o king live for ever , and to use the self-same expressions in all their private and publick addresses sam. . . sam. . . kings . . , . kings . . chron. . ezra . . psal. . , . dan. . . c. . . c. . . . mat. . . . and will you be antipodes to all other nations , yea to gods own people in all ages , and cry out still with united shouts , o do not save but destroy , crucifie , behead , extirpate , king and kingship too ; away with them , away with them from the earth , let them never live but die , die , and that for evermore ? what madnesse , what frenzie is this ? when the wicked iews cryed out to pilate against our saviour iesus christ , ( who was born king of the iews , mat. . . ) away with him , away with him , crucifie him , crucifie him . pilate himself used this argument to represse their furie , g behold your king , shall i crucifie your king. at which they were so non-plussed , that their chief priests had no other answer but this to evade it , we have no king but caesar , if thou let this man go thou art not caesars friend , whosoever maketh himself a king speaketh against caesar : upon which he delivered him over to them to be crucified . and when pilate put this title on his crosse , iesus of nazareth , king of the iews , the chief priests were angry at it , and said to pilate , write not king of the iews , but that he said , i am king of the iews ; being all convinced , that it was a most barbarous , shamefull , inhuman , worse that jewish act , for any s●bjects or people to crucifie their lawfull king , though in a way of publick justice ; whence the apostle thus reasons , cor. . . that had the princes of this world , ( and iews themselves ) known or believed christ to be their king ; they would not have crucified the lord of glory , and shall you not prove then far more transcendently impious , treacherous than the worst of iews , of mortals ; not only in your former crucifying , beheading your undoubted , known , lawfull , hereditary king , which they abhorred to do , but his kingly office and posteritie too ; if you cry still , away with them , away with them , wittingly , willfully , uncessantly , their bloud be on us and our children after us ; and will not the wrath of god come upon you and yours to the uttermost for this your high provocation , as it did upon these iews , if you doe not speedily repent of it ? thess. . , . it was the loyalty , piety of david , ( a man h after gods own heart , a gallanter commander , souldier , conquerour , than the best and greatest of you ; ) when he was persecuted in the field by his soveraigne king saul and his armie , hunted as a partridge from place to place to take away his life , and had several opportunities to destroy him without danger put into his hands , and was twice importuned by his rude souldiers , to slay him , or permit them to doe it ; that he rebuked this evil spirit and counsel in them , and gave them this answer , the lord forbid that i should do this thing unto my master , i that i should stretch forth my hand against the lords anointed , seeing he is the anointed of the lord , destroy him not , for who can stretch forth his hand against the lords anointed and be innocent : and when the amalekite brought tydings to him of sauls death , telling him , that he had slain him by sauls own command ; and presented him with his crown and bracelets k expecting a great reward from him for those good tydings , being formerly anointed by god to succeed him : he gave him no other answer nor reward but this ; how ? wa st thou not afraid to stretch forth thy hand to destroy the lords anointed ? thy bloud bee upon thy head , for thy mouth hath testified against thee , saying ; i have slain the lords anointed . and he called one of the young men and said , go near and fall upon him ; and he smote him that hee died . and david and all the men that were with him rent their clothes , and lamented with a most pathetical lamentation over saul ; recorded for ever in sacred writ , sam . . to the end . the like reward he gave to the murderers of ishbosheth his competitor , sam. . , , . and can you then conceit you were guided by the holy spirit of god which dwelt in david ? or that you deserve the title , of men after gods own heart , of saints , of honorable , pious commanders , soldiers , for speaking , declaring , acting against your k. diametrically contrary to him in all these particulars : and glorying in it as your highest praise , valour , saint-ship ? his tender heart l smote him to the quick , for cutting off only the skirt of king sauls garment privily , ( when he refused to offer the least violence to his person , as his soldiers counselled him ) because he had cut off saul skirt : and will not your adamantine hearts , ( m harder than the nether milstone ) yet smite you with the least compunction for cutting off king charles his head publickly , and parting not only his garments amongst you , ( as the n souldiers did our saviours , when they crucified him ) but his crown and kingdoms too ? after david succeded saul in his throne , his captains , souldiers , people , were so carefull to preserve his life from the least appearance of danger , that when he would have gone out to battel against his rebellious son absolom , who usurped the crown : they answered him , thou shalt not go forth , for if we flye away or half of us dye , they will not set their hearts on us , but now thou art as ten thousand of us ; yea they swore to him at another time , thou shalt no more go out with us to battel , least thou quench the light of israel , sam. . . and when absolom was slain , all the people were at strife through all the tribes of israel , saying , absolom whom we anointed over us is dead in battel : now therefore why speak ye not a word of bringing the king back ? whereupon they earnestly contended who should be the first that should bring back the king , to reinthrone him , sam. . , , , , , , . and can you then not only professedly go out to battel against the king himself & parliament too , against all parliament-votes , ordinances , declarations , commissions , by which you were raised , for their mutual defence : but destroy and slay them both , in cold blood , after the battel ended by a friendly treaty , to prevent all accord between them , and instead of bringing the king again to his royal city , parliament , throne , in peace and safety from the isle of wight , not speak one word thereof , but bring him only back again , to a most disloyal , illegal bloody execution , & not repent of , but persevere in this unparallel'd treachery against his son , even after your anoynted absolom ( who engaged you in these unsaintly , unsoldierly , un-english treasons ) by the * stroke of god himself is dead , and his son set aside by your selves , through divine retaliation ? in few words , can it ever be your honor , glory , as saints , to be the instruments , executioners of gods wrath and vengeance upon your own native kings , kingdoms , churches , countrie , to oppresse , consume , and eat out all their publick , private wealth , revenues , and burthen them with endlesse taxes , excises , to maintain your needlesse , uselesse forces , only to over-awe , o overturn them all , yea our parliaments , laws , liberties , with your own new-modelled governments , and governors too , one after another , till they all be brought to total and final desolation ? to do the works of assyrians , babilonians , turks , gothes , vandals , p the roddes of gods anger , his battel-axes , the staff of his indignation , to shake , destroy churches , kingdoms , nations , persons , and make them desolate ; yea worse than the worst of these , who never shoke , destroyed their own kings , kingdoms , countries , but their forein enemies or neighbours , against whom q god sent them in his wrath , for their crying provocations , to break them in pieces and tread them down like mire in the strees ? if you repute this your glory , and resolve to persist therein , without speedy and sincere repentance of the mischiefs you have done , consider and read over , over and over again at your leasure , the taunting proverb , severe judgements , divine and final reward , menaced to , inflicted by god himself by an irreversible decree , and irresistable power , upon the king of babilon himself , his royal posterity , the city of babilon , the whole assyrian host , nation , kingdom , for shaking , destroying , breaking in pieces other kings , kingdoms , nations , and gods own people too for their sinnes , ( as you have served your own kings , kingdoms , churches , parliaments , nations , laws , liberties , against all oaths , and obligations , to the contrary ) recorded at large in sacred writ , isay , . . to . c. . , . ier , . , to . ch . . throughout . and then sleep quietly in your beds , and blesse your selves in these your successefull wickednesses if you can ; in respect of your present earthly prosperity , or your posterityes after you . as for your eternal estate in another world , consider that dismal text , psal. . , . a brutish man knoweth not , neither doth a fool understand this : when as the wicked spring as the grass , and when all the workers of iniquity do flourish , it is that they shall be destroyed for ever . & ps. . , . it hath been your businesse of late years , and now again , ( after your seeming repentance for it in your new declaration , may . ) to shut our kings , lords , honestest faithfullest members of the commons house out of parliament , and forcibly to seclude them when they knocked for entrance , yea to cast some of them into hell , and other prisons for discharging their trusts , and mr. prynne beyond all others . o take heed , that when you shall come to knock at heaven gates for entrance , and cry r lord , lord , open unt● us , you receive not that answer recorded in the gospel from christ himself ; i tell you , i know you not whence you are , depart from me all ye workers of iniquity into the lowermost hell , and everlasting chains of darknesse , where there shall be weeping and gnashing of teeth ; when you shall see abraham , isaac ( yea the secluded members ) in the kingdom of god , ( which no s murderers , rebellious seditious , vnrighteous covetous persons , plunderers , traytors , no pernitious destroyers , subverters of kings , kingdoms , parliaments , shall inherit , ) and your selves shut out for ever . you all pretend you are setting up christs kingdom , and propagating his gospel amongst us by your arms , swords , pistols , and army predicants : but we read in the gospel , t that the souldiers armed with swords , staves , spears , were the only officers and persons imployed to apprehend king t iesus himself , and bring him to justice before pilat . the only men who stripped him of his own garments , put upon him a scarlet robe , then plotted and set a crown of thorns on his head , instead of a crown of gold , put a reed into his hand instead of a scepter , & then mocked , spit in his face , reviled , buffetted , and bowed their knees unto him in scorn , saying hayl king of the iews , and led him away to crucifie him ; after which they gave him vinegar to drink mingled with gall , ( instead of a cordial ) crucified him , then parted his garments ; casting lots . after this they set a watch upon his sepulchre , lest his disciples should take him thence . and when he was risen from the dead , to smother the truth of his resurrection ; the chief priests taking counsel together , gave large mony to the souldiers , saying , say ye his disciples came by night and stole him away whiles we slept : so they took the mony and did as they were taught , and this their lye is commonly reported among the jews till this day , these things truly the souldiers did , as the evangelists record to their perpetual honor . after which herods men of war and souldiers ( who likewise set christ at naught , mocked him , then arrayed him in a gorgeous robe , and sent him to pilate to condemn , lu. . . ) stretched forth their hands to vex certain of the church , killed iames the apostle with the sword , apprehended peter and put him in prison , where he was guarded day and night with four quaternions of souldiers , to prevent an escape , acts . . to but that ever they did set up christs kingdom , and propogate the gospel by their swords and arms otherwise than this , the gospel it self is silent : yea u god himself in precise terms resolves , that men of war , who have fought great battels , and spilt much blood upon the earth , ( though against his enemies ) shall not be at all honoured , employed in building of his temple . yea this is the expresse word of the lord to zerubbabel , when gods house was to be rebuilt , and his kingdom propagated ; not by army , ( so the hebrew and margin render it ) nor by power , but by my spirit , saith the lord of hosts , is this work to be done ) zec. . . our saviour christ is both the x king , and prince of peace : his gospel the y gospel of peace : his apostles and ministers z ambassadors of peace : and his kingdom consists a in righteousness and peace . now nothing is more b directly opposite , destructive to , inconsistent with this peace , to the king , prince , gospel , ambassadors , and kingdom of of peace , as armies , souldiers , war , arms : and therfore it is observable , that when our saviour sent out his disciples to preach the gospel , and set up his kingdom , he did not make choyce of captain● of thousands , or hundreds , nor yet of souldiers or armed men : but of mean c fisher-men , and others altogether averse from war ; commanding them in expresse terms , to take neither gold , silver , nor brasse in their purses , nor scrip , nor two coats , nor yet staves , ( much lesse sword , pikes , horses , pistols ) nor any thing else belonging to a souldier , no offensive or defensive arms , at the most but a single d walking staffe , like travellers , to help , support them : yea christ expresly resolves , that his ministers are and must be no fighters , no strikers , nor strives , ( much lesse than professed warriers ) iohn . . tim. . tim. . . they have no sword , but that of the spirit and their mouth , the word of god ) and fight with it only against mens sins lusts , not persons eph. . . heb. . . rev. . , . yea when peter once did but draw his sword to defend king jesus against the souldiers , who came with swords and staves to apprehend him , he said unto him , mat. . put up thy sword again into its place , for they that take the sword shall perish with the sword : nay the state of the gospel is so inconsistent with souldiers , arms , war , that upon the sincere profession of it , god requires the professors thereof , to beat their swords into plowshares , and their spears into pruning-hooks , nation shall not lift up sword against nation , neither shall they learn vvar any more ; but to live in peace with all men , and keep the unity of the spirit in the bond of peace , isay. . mich. . . luke . . cor. . . c. . . gal. . . cor. . . eph. . . col. . . thes. . . heb. . . never was the kingdom , gospel , church of jesus christ promoted , advanced in any age or place by war , & swordmen ; but many * churches have been utterly destroyed , extirpated , depraved , corrupted ; none ever edified , planted enlarged , much lesse reformed by them . our present armie-saints , and new military-apostles by their fighting , praying , preaching , fasting , instead of promoting the gospel , protestant religion , and church of england , have almost totally subverted them , by * broaching , countenancing , protecting all sorts of heresies , blasphemies , sects , schisms , errors , opinions , religions , setting up new conventicles of sectaries , seducers in all places , opposing , slighting , traducing the very church , doctrine , ministry of england ; the very function , ordination of ministers , by decrying , detaining their tithes and former maintenance , as litigious , jewish , antichristian ; by swallowing up all the lands , revenues of bishops , deans , chapters , arch-deacons , and a great part of our ministers maintenance by sequestrations , and monthly contributions to maintain their army evangelists , now ready to swallow up the remainder that is left , and continuing in a body for that purpose , by the very jesuites instigation , who not only professedly teach in their publick university at madrid , the art of war by land and sea , the making of guns , gunpowder , fireworks , all manner of military engines , of which they read lectures , as most agreeable to the name , profession of their martial father ignatius , as e alphonsus vargas a spanish priest records ; but boast , f that the general of the iesuites , can bring into the field more souldiers , of his own order , in a shorter time than any christian king whatsoever : and likewise expresly affirm , that their gopsel and religion is to be propagated , set up ; the heretiques , and evangelical sectaries , who resist them , refuted , extirpated , abolished with fire armies , sword and war , in england & elsewhere , as iacobus cruciger ( rector of the iesuites at lansperg ) in his explication of the rules of their order , paulus windeck , de extirpandis heresibus antid . , . p. , , . thuanus , hist. l. . p. . l. . p. . franciscus verona . apol. pro iohanne castle . par . . c. . hospinian , hist. jesuitica . l. . p. , , . hasenmullerus , hist. jesuit . c. . & spec. jesuiticum , p. . unanimously attest . o then discern at last whose gospel , kingdom , you are now propagating by your army , arms , and westminster conventicle , not iesus christs , but the very jesuites , his greatest underminers . many of you ( especially millinaries , and fifth monarchy-men , ) pretend , that jesus christ is now comming to reign personally on earth a thousand years , and that you shall all reign together , as ioynt-kings with , or vice-royes under him . but the setting up of a new republick and aristocracy , is wholly inconsistent with this kingdom and monarchy of christ you now expect ; which suites only with a temporal king and kingdom . how this opinion will accord with christs own description of it , john . . my kingdom is not of this world , or pauls , rom. . . the kingdom of god is not meat and drink , ( nor yet arms and armies , ) but righteousnesse and peace , and ioy in the holy ghost , ( which souldiers , armies usually destroy , not produce , or propagate ) let those who maintain it , consider . when mr. prynne was kept close prisoner in pendennis castle by iohn bradshaws and our new republicans illegal warrant in july , . some four dayes after his imprisonment there , divers officers and souldiers of the garrison , who had long debated every day for sundry months before , their present expected personal reign of christ on earth , repaired to him , to know his opinion concerning it , as he was taking fresh air in the bowling-alley , standing in a ring about him : upon which he first demanded their opinions of it : when they had all fully uttered their conceits in the affirmative with much confidence ; m. pryn briefly answered , that now they had beheaded one of our kings , and almost conquered another , and our . kingdoms , they thought , talked of nothing but being all kings themselves , and of reigning personally on earth cheek by joll with christ himself , as his fellow-kings , no earthly king being fit to be a companion for such transcendent sublimated saints as they thought themselves . but they were all most grosly mistaken : for that very text of rev. . , . ( which he read out of one of their bibles ) whereon they principally grounded their opinions and reign , was pointblank against them . and i saw the souls of them that were beheaded , ( not of them who took off their own christian protestant kings and nobles heads ) for the witnesse of iesus , and the word of god , and which had not worshipped the beast , nor his image , neither had received his mark upon their foreheads , nor in their hands , and they lived and reigned with christ a thousand years : ( is it not added on the earth , and chap. . . rather proves their reign to be in the new ierusalem in heaven . ) but the rest of the dead , ( who were not thus beheaded ) lived not again , ) ( much lesse then reigned with christ , ) till the thousand years were past . by which it is most apparent , that if christ shall reign personally on earth for a thousand years , as they all conceived , and that this time was now at hand : yet not one of them should , or possibly could reign with him , if this text be vmpire : for the words are most positive , that none else shall thus reign with iesus chris● a thousand years , but only the souls of those who were beheaded for the testimony of iesus christ , & c. it b●ing expresly averred in the affirmative ; then in the negative , but the rest of the dead lived not till the thousand years were past . upon which account , the late king , and other protestants whose heads they had cut off , and those godly christians they had slain , murdered in the wars ; and perchance himself and others who had lost their ears , liberties , estates , and were shut up close prisoners , for the testimony of iesus christ , and had not worshipped , but opposed the beast of rome , his image , superstitions , innovations , proceedings against the late king , parliament , religion , nor received the mark of the beast in their foreheads or hands , might peradventure reign with christ a thousand years . but as for themselves and other army saints , who made it their businesse , and reputed it their honour , saintship , to cut off the heads of their own christian kings , nobles , brethren ; to destroy kingdoms , parliaments , & their privileges ; secure , imprison , close imprison their members , worshipping the very beast and his image , and visibly receiving his mark in their foreheads , hands , by these their jesuitical practises ; keeping up an army and iron-sword still drawn amongst us , to the great oppressing , undoing of their native country , of purpose to keep off the wooden crosse of iesus christ , which he h expresly enjoyned them with self-denying spirits to take up daily , and follow him , and that other crosse , their own consciences tell them , these perfideous , treacherous practises of theirs justly demerit , they could have no ground at all from this or anie other text to reign with christ in his heavenly or earthly kingdom , out of which these their seditious , unrighteous , and bloody practises did eternally exclude them , as the , , . verses of this very chapter , rev. . , . cor. . , , . gal. . , . resolve . therefore if ever they desired or expected thus to reign with christ , they must all presently repent of these their former exorbitances , put off their swords from their sides , take up christs daily crosse , lay down their own heads upon the block , and then willingly chearfully lose them , not for their treasons and rebellions , but for the testimony of iesus christ , and the word of god , and opposition of their former treasonable plots of the beast of rome ; then they might expect to reign with him , otherwise they had no hopes by the resolution of this text , and that parallel'd place , tim. . . . which excellently explains it ; if we be dead with christ , we shall also live with him ; if we suffer , we shall also reign with him : if we deny by him ( by refusing to suffer with or for him ) he will also deny us . with which words these formerly confident swordmen were so non-plussed , that they had not one word to reply , and gave over all future discourses of this subject ever since , being as unwilling to lose their souldiers pay or heads for the testimony of christ , as the i young man in the gospel was , to sell all he had and give it the poor , to gain eternal life and treasures in heaven . lastly , consider , that as it is the highest glory , excellency of god himself , the greatest comfort , felicity , security of his church , saints , that he is the living god stedfast for ever , dan. . . that he is the lord and changeth not , mal. . . that with him is no variablenesse , or shadow of change , james . . that he is the same immutable god for ever , from everlasting to everlasting : that his counsels , thoughts of heart , purposes , truth , faithfulnesse , commands , loving-kindnesse , covenant , stand fast , firm , unalterable to all generations , for ever and ever , psal. . psalm . , . psalm . . psal. . , . lam. . . hebr. . . psal. . . so it is the most transcendent honour , dignity , glory of god the fathers , and jesus christs kingship , kingdom , and the chief consolation , exultation , beatitude of their subjects and chosen saints ; that the lord is , and fitteth king for ever ; that he is an everlasting king , which reigns and shall reign for ever and ever ; that his kingdom , dominion , throne , are all everlasting , established , and enduring for evermore , for ever and ever , throughout all generations ; that they cannot be moved , and shall have no end , psalm . . psal. . . psal. . . psal. . . psal. . . psal. . . isay. . . dan. . , . c. . , . jer. . . mar. . , lu. . , . pet. . . rev. . . hebr. . . lam. . . so also it is the praise , honour , glory of all nations , churches , people , kingdoms , governments , aud every particular person , both as a man , christian , counsellour , or publick minister of state , to be constant , stedfast , fixed , resolute , immoveble , and unchangeable in their oaths , religion , worship , faith , principles , counsels , resolutions , courses , when true , just , honest , upright , sincere , commendable , and in their kingly , publick government , evidenced by its antiquitie , the experiences of many successive generations to be beneficial , safe , just , profitable , honorable for the gegeneralitie of the people , and firmlie established by laws , oaths , covenants , prescription , with all other civil and sacred ratifications : as is most apparent by josh. . , . to . psal. , . . chron. . , , . prov. . . psal. . . psal. . , , . ps. . , . jer. . . rom. . , , , , , . cor. . . cap. . . heb. . , . col. . , , . thess. . . c. . . eph. . , . col. . . acts . . c. . , . rom. , , . pet. . , , . tit. . . chron. . , . c. . , , , , . c. . , , , , &c. c. . . c. . , . . sam. . , , . chron. . , , . to . c. . . chron. . . c. . . ez. . . prov. . . worthy special observation . but it is the sinne , shame , reproach , infamy , dishonor , ruin of any nation , church , people , kingdom , state , counsel , person , to be addicted to changes , unstable , variable , unconstant , fickle , mutable , tossed to and fro , backward and forward , upward and downward , this way and that way , like children , fools , reeds , vanes , weathercocks , empty , clouds , wandring stars , the restless sea and its waves , tossed and turned about with every wind and storme ; like wild asses , dromedaries , traversing their wayes ; or whorish women gadding about to change their lovers , wayes , and doting upon every novelty or new lover they meet with , as gen. . . ps. . , , . to . ezech. . . to . jer. . . to . pro. . . . jam. . . . hab. . , . pro. . , . isay . . ps. . . mat. . . rom. . . . acts . . pet. . , , . to . c. . . tim. . , . eph. . . jude , , , , . resolve . why then are yon alwayes ringing the changes in our churches , kingdoms , parliaments , government , religion , modelling , unmodelling , chopping , changing , altering , building them up and pulling them down again from day to day , against all oathes , vowes , covenants , laws , establishments , policy , prudence , justice , safety , settlement , by which you become the highest transgressors , gal. . ? is this to shew your selves saints , men of god , or prudent senators or statesmen ? no , no : but to be that generation of spoylers and treacherous men , ( no more to be believed , trusted by any , though you speak fair words , nay swear and vow ) who have spoiled and dealt very treacherously with your brethren and the house of your fathers , ( who raised , entrusted you for their defence and preservation ; ) against whom god denounceth a woe , and answerable retaliation in conclusion : to be spoiled and dealt treacherously with your selves , ( as some of you , your new protector , and those now sitting have been already dealt with , and others who made them treacherous ) is. . . jer. . , , . c. . . yea such neighbors , brethren as will utterly supplant , deceive , slander their very nearest , dearest relations , whose habitation is in the midst of deceit ; whom god himself commands us to take heed of , and not to trust , for they are all an assembly of treacherous , double-minded men , unstable in all their wayes ; empty clouds carried about with a tempest ; raging waves of the sea which cannot rest , foaming out their own shame , casting out mire and dirt ; wandring stars , to whom are reserved the blackness of darkness for ever , as three prophets , and apostles resolve in express terms , isay . , . ier. . , , , , . mich. . , . iam. . , . pet. . . iude , . o therefore now at last repent , repent with greatest grief , shame , horror of this your treachery , inconstancy , and * harden not your hearts as in the day of temptation and provocation , ( decemb. . . & may . . ) when you erred in your hearts , & wandred out of the way of god , peace , truth , justice , righteousness , honesty , piety , duty , into * such iesuitical paths , wherein there is nothing but wasting and des●r●ction ( as god resolves , & all men find by years sad experiment , ) else he will swear in his wrath , you shall never enter into his rest . if these evangelical , scriptural expostulations will not perswade you , to sound a present retreat , & sue out a bill of divorce from your false good old cause for our future publike safety , peace settlement ; m. p. shall then intreat you to believe your own declarations : in your last , may . . you truly declare to the world that the only wise god in the course of his providence , hath disappointed ; all your endeavours , and rendered all ( your ) means to obviate the dangers and settle these nations in peace and prosperity , vtterly ineffectval . will you know the true reason of it ? it is because ever since you have interrupted and forcibly dissoved the treaty of peace between the late king and his parliament , decemb. . . you have walked in such crooked counsels , pathes of iniquity , bloud , violence , treason , destruction , as whosoever goeth therein shall not know peace , and have neither known nor pursued the true way of peace ; as god himself resolves you , if you dare credit him , isay . . to . which you may do well to study . if you will not believe god , nor mr. prynne herein , pray then believe your own selves , whiles in your right senses , before the good spirit of god departed from you , and now pursue that only way to our peace and settlement you then at least . times successively prescribed . in your humble remonstrance from his excellency and the army under his command , presented to the commissioners at st. albans , june . p. . these are your own printed words : we doe further clearly confess , we do not see how there can be any peace to the kingdom firm or lasting . without a due consideration of and provision for the rights , quiet , and immunity of his majesties royal family and late partakers . and herein we thinke that tender and equitable dealing ( as supposing their case had been ours ) and a spirit of common love and iustice diff●sing it self to the good and preservation of all , will make vp the most glorious conquest over their hearts ( if god in mercy see it good ) to make them and the whole people of the land lasting friends , the like words , expressions to the same effect you use in your representation of the army , iune . & in your generals letter to both houses of parliament , iuly . declaring it the general sense of all or most of the officers of the army , to avoid all harshness , and afford all kind usage to his majesties person , family , aud late party ; as the most honourable , prudent , and christian way and the most hopefull course , to take away the present and future seeds of warr amongst us to posterity ▪ and to procure a lasting peace and a government in this distracted nation : and in your proposals aug : . for the settlement of a firm peace , you have the like expressions again : as mr. prynne in his speech in parliament , dec. . . ( p. , , , . ) evidenced to the house of commons , perswading them to pursue this only way of peace , and not your quite contradictory remonstr : nov. . ( when debauched by the iesuits , the only way to unsetlement , tumults , warres , desolation ) as experience hath now sufficiently demonstrated . o therefore now at last embrace , pursue this true and only way to safety , peace , settlement by your own quadruple resolutions : and then we shall soon have peace , quietness safety , and assurance for ever . mr. prynne having thus discharged his conscience towards the army-officers and swordmen ; the primum mobile of all our late , present motions and commotions , wheeling about all the rest , he shall in the second place addresse himself to their subordinate , selected westminster conventicle , now sitting under their force and lure , to act , vote what they prescribe them ; forcibly d separating their old fellow members from their company ; and himself above all others , who hath lost , suffred , spoken , written , acted more from time to time for god , religion , laws , liberties , properties , parliaments , and their privileges , against all iesuitical underminers , than all of thē put together , notwithstanding all discouragements , ingrate requitals from them and others . he shall only desire them in relation to the old and newly secluded members , to answer that one expostularie text , mal. . . have we not all one father ? hath not one god created us ? ( yea one mother , church , countrey engendred , nourished , entrusted us all alike : ) why then doe ye deal treacherously every man against his brother by prophaning the covenant of our fathers ? as for your new erected , revived republike , you so much dote on ; e wherin ye have reigned as kings without ( yea against ) us , and we would to god ye did reign , that we also might reign with you ; he shall desire you for your own , our churches , religions sake , safetie , honour , to consider its papal , jesuitical , antichristian , spanish , french originals , and its sad effects , to their advantage , and the ruine of our religion , alreadie discovered , which you cannot gain say : to weigh his former expostulations with the army-officers , soldiers , and these few scriptural ( to omit manie other political , historical considerations , beyond all refutation , and more to be valued than all politicks of carnal heads or hearts , ) to enamor you again with hereditarie kings and kingship , which you have so rashly , brutishly , perfidiously abjured , out of meer self-ends and interests , having not the least syllable in scripture to justifie either the forcible bloudie manner of erecting , new modelling your illegitimate commonwealth , or your adopting it in the place of our old kingdom and kingship . first of all consider , that as jesus christ himself is a king by birth and inheritance , mat. . . lu. . , . so it is also his supremest , royallest title , attribute in the very gospel , that hee is f king , & lord of kings , lord of lords , the prince of the kings of the earth , and the head of all principalities and powers : now the abolishing of kings , kingship , princes , lords , divests jesus christ himself of these his most royal titles and soveraigntie ; because he is thus stiled only in relation to earthly kings , princes , lords , who rule and reign over kingdoms , nations , by , for , through , under him , as his ministers , officers , viceroyes , deputies , and are appointed , commissioned , accountable to , judged , removed by him alone ; as subordinate kings were by the emperors , kings of babylon , assyria , parthia , and our edgar , who were stiled king of kings , because kings were subjects to them , held their crowns by , from , and under them , and did homage to them as their subjects , as you may read at large in mr. seldens titles of honour , part . ch . . sect . . and dan : . . , . . c. . . many of these kings losing this title of king of kings , when their subordinate kings and kingdomes revolted , ceased , or escheated into their own hands : in relation to these titles of christ , it is expresly prophecied , ps. . . . the kings of tarshish , and of the isles shall bring presents , ( principally intended , verified of this our island of great britain , which had the first christian king we read of in all the world , lucius ; the first christian queen , helena ; the first and most glorious christian emperor , consiantine the great ; the first christian king who opposed , abolished the popes supremacie , henrie the . the first protestant king who by publike acts of parliament abolished both the pope and poperie , and established the reformed protestant religion ; & the first protestant queen who did the like ; to wit , king edward the . and queen elizabeth ; and more devout pious kings , queens , martyred for religion , canonized for saints , and reputed such in the churches of christ and kalendars of saints , than anie other kingdom or countrie in the world , how great or populous soever , as our own and forein histories record to our immortal honor. ) it then follows , the kings of sheba & seba shall offer gifts : yea , all kings shall fall down before him ( in way of adoration , & by their president and leading example ) all nations ( under them ) shall serve him . how can , how dare you then abolish kings , kingship , lords ( especially in our island ) without committing the highest treason , not only against our kings and lords ; but the lord jesus christ the king of kings , and lord of lords , since regnum angliae est regnum dei , & ipse sibi reges providebit : as our historians inform us : ) and can you resist his power with all your armed forces ? are you stronger than he , when he shall enter into judgment with you for depriving him of these titles ? ly . consider , it is gods special promise , covenant made to abraham the father of the faithfull , gen : . . i will make thee exceeding fruitful , i will make nations of thee , & kings shall come out of thee ; and his extraordinarie blessing on sara , v : . i will bless her , & she shall be a mother of nations , & kings of people shall be of her . ly , it was iudah his blessing , prerogative , gen. . . . thy fathers children shall bow down before thee : the scepter shall not depart from iudah , nor a law-giver from between his feet until shiloh come . ly , when balaam prophecied of the happiness & prosperity of israel , he useth these as the highest expressions thereof , num. . . &c. . . the shout of a king is among them : and his king shall be higher than agag , and his kingdoms shall be exalted : ly , it is recorded by the spirit of god , sam : . . david perceived , that the lord had established him king over israel , and that he had exalted his kingdom for his people israels sake . and when god ( after he made him king over them ) had promised by the mouth of the prophet nathan , sam : . . moreover i will appoint a place for my people israel , and will plant them , that they may dwell in a place of their own , and move no more , neither shall the children of wickedness afflict them , as before time , under their iudges : how did god effect this promise ? but by establishing an hereditarie kingdom amongst them in david , during his life , whom he caused to rest from all his enemies round about : and when thy dayes be fulfilled , and thou shalt sleep with thy fathers , i will set up thy seed after thee , which shall proceed out of thy bowels , and will establish his kingdom ; and thine house and thy kingdom shall be established for ever before thee , and thy throne shall be established for ever , ver : , , . how much holy david was transported , yea ravished with this news from heaven , and with what enlargement of spirit he blessed god for , and prayed for the accomplishment of it , as the greatest blessing and confirmation of his people israel by god himself , v : , , and the highest honor , blessing , to his own house , you may read to the end of the chapter . thus again amplified by him in his speech to his princes , to his captains of thousands , of hundreds , officers , and other mighty men , chron : . . to . the lord god of israel chose me before all the house of my father to be king over israel for ever ; and he hath chosen iudah to be ruler , of the house of iudah the house of my father ; and among the sons of my father he liked me , to make me king over all israel ; and of all my sons he hath chosen solomon my son to sit upon the throne of the kingdom of the lord over israel . and he said unto me , i will be his father ; moreover i will establish his kingdom for ever , if he be constant to doe my commandements and my judgements , as at this day . now therefore in the sight of all israel , the congregation of the lord , and in she audience of our god , keep and seek for all the commandements of the lord your god , that you may possess this good land ; and leave it for an inheritance for your children after you for ever . an hereditarie kingdom being the chiefest means and blessing under god to preserve the inheritances not only of the princes , nobles and mightie men , but even of colonels , captaines , and souldiers themselves , in gods and davids computation ; who lost all they had , by * forsaking their lawful hereditarie kings , and were carried into captivitie . ly , the accomplishment of this promise to david , & his seed , was reputed an extraordinarie blessing to the israelites , not only by king david , solomon , god himself , the people of ierusalem and the whole land , as you may read in the of kings . , , , , , , , , . c. . . . c. . , to . c. . , , , . worthy perusal : but even by foreign kings and queens : witness that memorable letter of hiram king of tyre to solomon , chron. . , . because the lord hath loved his people , he hath made thee king over them . blessed be the lord god of israel that hath made heaven and earth , who hath given to david the king a wise son , endued with prudence and understanding , that might build an house for the lord , and an house for his kingdom . and that speech of the queen of sheba to him , kings . . chron : . . blessed be the lord thy god which delighteth in thee to set thee on his throne to be king for the lord thy god : because the lord thy god loved israel to establish them for ever , therefore made he thee king over them to do iustice and iudgement . and the lord magnified solomon exceedingly in the sight of all israel , and bestowed such royal majestie , honor , and such riches on him and his people too , as had not been bestowed on anie king or people before him , chron : . , , . chron : . . to the end . chap. . . to . neh. . . ly , god himself records by king solomon , prov. . . . a king that sitteth in the throne of iudgment scattereth away all evil with his eyes , and bringeth the wheel over the wicked , prov : . . . the king by iudgement stablishe● the land ; yea the king that faithfully judgeth the land , his throne shall be established for ever : and he resolves definitively against all opponents , eccles. . . blessed art thou o land , when thy king is the son of nobles . ly , god himself doth specially promise the succession and continuance of hereditarie kings and princes as a blessing , reward to his people for their obedience to his commandements , and chief means of their perpetual continuance in houour , peace and prosperity , jer. . , , . &c. . . and it shall come to passe , if ye diligently hearken unto me saith the lord , to hallow the sabbath day , and do no work thereon , then shall there enter into the gates of this city , ( mark it ) kings and princes sitting upon the throne of david , riding in chariots , on horses , they and their princes , the men of iudah , and the inhabitants of jerusalem , and this city shall remain and flourish for ever . ly . it is very remarkable , that though divers of the hereditarie kings of davids posterity were verie wicked and idolatrous , yet god himself ( though * king of kings , who setteth up kings , and pulleth them down , and disposeth of the kingdoms of the earth to whom soever he pleaseth ) by reason of his oath and covenant made to david , would neither remove , nor disinherit them , thongh he did very sorely afflict and punish them for their iniquities , ps. , , , . to . sam. . . to . king. , , , . of this we have a memorable scripture-presidents king. . , , ▪ ahijam king of iudah walked in all the sins of his father , which he had done before him , and his heart was not perfect before the lord his god , as the heart of david his father . nevertheless for davids sake did the lord give him a lamp in jerusalem , to set up his son after him , and to establish ierusalem ; because david did that which was right in the sight of the lord , so chron. . , , . jehoram reigned years in jerusalem , and he walked in the way of the kings of israel , like as did the house of ahab , for he had taken the daughter of ahab to wife , and he wrought that which was evil in the sight of the lord. howbeit the lord would not destroy the house of david , because of the covenant he had made with david , and as he * promised to give a light to him and to his sons for ever ▪ which texts compared with psal. . , , , . infablibly ratifie these thtee conclusions . . that as gods covenant and oath made to david , and his royal posteritie , did not determine by davids death , but extended to all his posterity after him ; so our oaths of fealty , supremacy , allegiance , and solemn league and covenant , made to the late king , his heirs & successors in precise terms , determined not by his death , but remain to his royal posterity , and are perpetually to be performed to them , uuder pain of highest perjury , guilt , punishment , as is most apparent if compared with gen. . . exod. . . josh. . . josh. . , , , , . sam. , , , , , c. . . sam. . , , &c. c. . . to . ly . that the sinnes and wickednesses of davids posteritie , did not cause god himself to break his oath and covenant with them , or jndicially to deprive or disinherit them of their crowns and kingdom , contrary to his oath and covenant , which he held inviolable and immutable , ps. . , . . psal. , . heb. . , . much lesse then may we or any other subjects , who are but men infringe our oaths , covenants to our sacred hereditarie kings and their posteritie for their sinnes or wickednesse , nor disinherit thē of their crowns , scepters , lives , realm , ps. . . ec. . . ly . that a hereditarie succession of kings in the royal line , though many of them be wicked , is yet a special means ordained by god for the establishment , peace , perpetuity of their kingdoms and people : which else would be unsetled , distracted , consumed , destroyed by civil wars , distractions , and usurpers of the crown , destroying , murdering one another , as the kindom of israel was after the revolt of the ten tribes from the house of david , whose * hereditarie kingdom continued at least years after the total destruction & captivity of the kingdom of israel : whose revolt from the house of david produced nought else but a succession of very wicked , idolatrous kings and usurpers , endlesse wars , miseries , publick idolatry , apostacie from god , all sorts of sins , rapines , and perpetual captivity , as the books of kings and chronicles resolve , especially kings . ch . . in which revolt and rebellion , it is observable , that all the priests and levites , and all the godly men throughout the revolting tribes of israel , who set their hearts to seek the lord god of israel , left their possessions and went to ierusalem , and strengthened the kingdom of rhehoboam the son of solomon against the vsurper ieroboam , as the scripture records for their honour , chron. . , , , . ly . upon this verie reason god himself records , that when * athaliah had slain all the seed royal but ioash , and usurped the royal throne for six years space , ioash being but an infant , iehojadah the high priest hid him from this usurper till he was seven years old , and then entring into a covenant with the captains of hundreds , rulers , and levites , they all assembled at ierusalem , & entred into an oath and covenant , that the kings son should reign as the lord hath said of the house of david . upon which they presently brought out the kings son , crowned , and anointed him their king , and said , god save the king. which athaliah the vsurper hearing , run out to the people , and cryed , treason , treason ; upon which iehojadah the priest commanded the captains of the host presently to seize upon her , and cary her out of the temple , and slay all that should follow her ; whereupon they laid hands on her , and carried her forth and slew her : after which iehojadah made a covenant between the king and the people , that they should be the lords people ▪ and all the captains , governors , nobles , and people of the land brought down the kings son from the house of the lord to the kings house , and set the king upon the throne of the kingdom . and all the people of the land rejoyced , and the city was quiet , after that they had slain athaliah with the sword , kings , . &c. chron. . this ‖ ioash being afterwards slain by the conspiracy of his servants against him , amaziah his son , reigned in his stead by hereditarie succession , who when he was established in the kingdō slew his servants that had slain the king his father , but not their children , according to the law of moses . after this * ammon the son of manasses succeeding his father , worshipping his idols , following his sinnes , and trespassing more and more without humbling himself ; his servants conspired against him , and slew him in his own house . but the people of the land slew all that had conspired against king ammon , and made josiah his son king in his stead , ( not disinherited him for his fathers and grand-fathers crying sinnes , ) as the only means ordained by god for their safety , peace and settlement which sacred presidents of gods own registring , and his peculiar peoples making in obedience to his commands , for our imitation in like cases , are a more real , sacred means to our present peace , safety , establishment , than any the army-saints , sectaries , iesuites , and westminster conclave can prescribe , and the parliament , statute of eliz. c. . have declared , enacted it to be legal , as well as scriptural . ly . when god himself promised restitution from captivity , and resettlement , re-establishment to his people , he doth it by promising the restitution of their lawfull hereditary king and kingdom to them , and the re-uniting of their kingdoms ( formerly divided by rebellion against , and revolt from the house of david and hereditary royal line ) into one , mich. , . c. . their king shall pass before them , and the lord on the head of them , even the first dominion , the kingdom shall come to the daughter of jerusalem . zech. . . &c. rejoyce greatly o daughter of zion , behold thy king cometh unto thee : be is just and having salvation , &c. and his dominion shall be from sea to sea , and to the end of the earth , isaiah . , . behold a king shall reign in righteousnesse , and princes shall rule in iudgement ; and he shall be as a hiding place from the wind , and a covert from the tempest , as rivers of water in a dry place , as the shadow of a great rock in a weary land , ezech. . , . and i will make them one nation in the land , upon the mountain of israel , and one king shall be king to them all , and they shall be no more two nations , neither shall they be divided into two kingdoms any more . and david my servant shall be king over them , they shall all have one shepheard over them : they shall also walk in my judgements , and keep my statutes , and do them . and they shall dwell in the land that i have given to iacob my servant , even they and their children , and their childrens children for ever , and my servant david shall be their prince for ever . which is likewise repeated and amplyfied ezech. . , . zeph. . , . jer. . , . c. . , , . which texts , though mistically meant of our king and saviour jesus christ , hereditary son of david , according to the flesh , sitting upon his fathers throne , and ruling for ever over his mystical kingdom and church , as is evident by comparing them with isay . , , . dan. . . lu. . , . yet since king david , solomon , and other pious kings of israel , and their hereditary kingdom , were types of our spiritual king iesus , and of his everlasting , spiritual kingdom , and christ jesus under the very title , name , notion of an hereditary king alone ( not of an optimacy , oligarchy , popularity , democracy , or elective king ) is thus prophesied to be a saviour , redeemer , restorer , establisher , preserver , defender of his captivated , oppressed , inthralled , dissipated , divided , unreformed subjects , kingdom , church , people ; and his perpetual prese●● with and reign over them , is made the only ground of the restauration , unity , felicity , prosperity , safety , perpetuity of his kingdom and people , as david , solomon , and other good kings of israel were to their subjects during their successive reigns : and seeing christs mistical church and saints , are alwaies thus stiled his kingdom , a kingdom , but never a free-state , or common-wealth , at least but once , eph. . . the only text throughout the whole bible , where this word is mentioned in any kind , and that not in opposition , or contradistinction to a kingdom , but as the very same thing with it , ( as our kingdom in g some statutes in stiled a common-wealth ) as being the h excellentest , honourablest , durablest , freest , happiest , of all other forms of republick , under which general name it is comprised : it thence infallibly follows , that an hereditary kingship , kingdome , is the best , happiest , durablest , securest , honourablest , desireablest of all other governments whatsoever , being the verie government of jesus christ himself , who according to the flesh was born king of the iews , and sits upon the throne of david his father , mat. . . lu. . , . and was not chosen king by his saints , like an elective king ; but elected them to be his subjects ; as he expreslie resolves , iohn . . pet. , . . rev. . . and that the restitution of this our antient kingly government , ( not of a new jesuitical , spanish ; outlandish republick ) is the true and only way to our restauration , redemption , peace , settlement , safetie and future prosperity ; as the parliament and most excellent preamble of the statute of h. . c. . ( worthy perusal ) resolves . wherin after many long intestine civil wars for the title , succession of the crown , and soveraigntie of our realm , the nobles and commons assembled in parliament , calling to mind , that the unity , peace , and wealth of this realm , and the succession ( and inheritance ) of the subjects in the same , most specially and principally above all worldly things , ( let our republicans , and westminster juncto observe it well ) consisteth and resteth in the certainty and surety of the procreation and posterity of the kings highness , in whose most royal person at this present time is no manner of doubt nor question , ( as the statutes of iac. c. , . resolve , there was none at all in king iames or king charles ) did thereupon by this special act , and a strict oath , declare aad establish the surety , title or succession of the grown of england in him and his heirs for ever , upon which dependeth all our joy and wealth , as they more at large expresse . ly . god himself in direct terms declares , that it is a matter and badge of honour and prosperity for any nation to be advanced from a commonwealth or principality into a kingdom , ezech. . , . thou didst prosper into a kingdom . and thy renown went forth among the heathen for thy beauty , for it was perfect through my comelynesse , which i put upou thee saith the lord : which compared with rom. . . let every soul be subject to the higher powers , for there is no power but of god , the powers that are are ordained of god , col. . . for by him are all things created that are in heaven , and that are in earth , visible or invisible , whether they be thrones or dominions , or principalities , all were created by him , and for him tit. . . put them in mind to be subject to principalityes and powers , to obey magistrates , pet. . , . submit your selves to every ordinance of man , for the lords sake , whether to the king as supream : fear god , honour the king ; are infallible demonstrations , that as kingdomes and kings are of divine institution and planting , so they are reputed , instituted by god and jesus christ , as the most prosperous , happyest , divinest , honourablest , supreamest of all other forms of government and governors whatsoever , created by and for iesus christ , and have been the very governments and governors alone , in and by which he hath precisely promised , declared , that he will most advance his own spiritual kingdom , church and glory , ( as is undenyable by * ps. . . . ps. . . kings . . isay. . . rev. . . psal. . , . psal. . . psal. . psal. . . psal. . . ps. . ps. . . ps. . . isay . , . c. . . c. . , , , . c. . . rev. . ) the expresse lively images of christs own spi-spiritual kingdom , kingship , on whose throne alone they sit , as his vicegerents , chron. . . col. . and therefore are stiled kings , kingdoms , not optimacies , or republicks ) yea not only kings but gods , and gods anointed , as well as christ himself , exod. . . iosh. . ps. ▪ , . iohn . . cor. . . sam. . , . c. . psal. . . isay . . lam. . . sam. . . c. . , c. . , , , sam. . . ly . god himself in sundry scriptures positively declares , and denounceth the plucking up or rooting out of a kingdom , and making it no kingdom , or a base or viler kingdom than it was before ; and the leaving of an antient kingdom without a king , or hereditary successor or heir to sway the scepter , to be a most severe , sad , grievous iudgement and punishment on them for their crying , hainous offences and sinnes against him ; yea an immediate concomitant or forerunner of their utter desoiation , & a matter of present and future lamentation , not of a mercy , blessing , or cause of rejoycing , as our seduced bedlam-republicans , army-saints , and pseudo-politicians repute it , as all these texts infallibly resolve , judg. . , &c. c. . . &c. c. . . &c. c. . . hos. . . c. . . . . ( a notable scripture ) is. . , , . c. . . amos . . . , , . c. , . . &c. mich. . . . jer. . . . c. . . to . c. . . to . ezech. . , . ( a signal text ) c. . , , . c. . , . lam. . . c. . . . c. . . c. . . hab. . . , . nah. . , , . hag. . . ezech. . , . against which scriptures ( worthie your particular perusal ) no one text can be produced , to prove it a blessing , benefit , honor to any kingdom or nation whatsoever . ly as for your new magnified common-wealth and aristocracie , preferred by you before our kings and monarchie , . consider that of prov. . . for the transgression of a land many are the princes ( or governors ) thereof , but by a man of understanding and knowledge the state thereof shall be prolonged : and compare it with hosea . . for now they shall say , we have no king because we feared not the lord , what then should a king do to us : lam : . . . the crown of our head ( to wit , our king , c. . . ) is fallen : wo unto us that we have sinned : servants have ruled over us , there is none that delivereth us out of their hand . and then you must needs confess ; that your subversion of our kingly government by one single person , to set up a polarchie and new republike under many ‖ servants & governors , is in gods own , his churches , peoples account , an heavie judgement , vassallage , bondage on them for their transgressions , sinnes , and a matter of great lamentation , woe , ezech. . , , . not a blessing , ease , libertie , means of their happiness or establishment . . consider , that you cannot derive the pattern of your new commonwealth from the scripture , gospel , church , or presidents of god and jesus christ ; but only from the a old heathen , bloudie romans , after their regifugium ; who were alwaies altering their government from one new form to another , continuing not long in anie one condition , till setled in an emperor , and empire ; and at last in a regal roman pontiff ; in which state it hath continued almost . years ; and the new jesuitical models of parsons , campanella , richelieu , mazarine , spain , france , recommended to you from antichristian rome to work our ruine ; or at leastwise from the old seditious graecians and athenians ; who are thus branded in historians , (b) omnino ad commutandos reipublicae status erant versatiles , et omnium propensissimi ad vicissitudines ; ( as you and the army-officers now are ) which proved their utter ruine ; and caused endless wars and tumults between themselves , till they were subdued , enslaved by the macedonians , persians , romans , and other foreign kings ; as you may read at leisure in thucidides , diodorus siculus , xenophon , plutarch , arrian●● iustin , bp. vshers annales veteris testamenti ; whence heniochus an antient greek comaedian , compares aristocracie , and popularitie unto two scolding . women , who coming amongst the greek cities , put all things into tumult and disorder , making them bedlam mad against each other to their utter desolation . c tum geminae ad illas accesserunt mulieres quae cuncta conturbarunt : optimatitas est nomen alteri : alteri popularitas quarum incitatu , pridem externatae furunt . and have they not produced the self-same madness , furie , and sad effects among the armie , yea and our . kingdoms ? how then can you , or anie wise men , but only tom of bedlams , be anie longer in love with either of them , and preferr them before kings and kingship : when as your selves , as well as other members , declared , resolved in two d declarations of april . of decemb. and in the votes of novemb : . & . . that the agreement of the people for a representative and republike ( without a king and house of lords ) are not only seditious , but destructive to the very being of parliaments , and the fundamental government of the kingdom , by king , lords and commons . and is this then the way to peace or settlement ? e if the foundations be destroyed , what can the righteous doe to save or settle us ? o therefore let not that brand of the holy ghosts owne imposing rest anie longer on you , ps. . . they know not , neither will they understand ; all the foundations of the earth are out of course : and although you say , think you are gods , and are all the children of the most high in this pursute , yet you shal die like men , and fall like one of the princes : yea be buried in your own and your republikes ruines again , with greater infamie , shame , loss , than you were on april . . when you were shamefully turned out of house and power together by those who now recall you , and yet will not take warning . mr. prynne is in good hopes , that all these undenyable , unanswerable scriptural considerations will fully convince and convert our republican conventicle , ( and army-officers too ) from their jesuitical destructive modle of a common-wealth , unto the love and restitution of our antient hereditary kings , kingship , as the only divine , saint-like , gospel , safe , probable way to our future lasting peace and settlement , which he intended to have propounded to them . finally , if you are resolved , notwithstanding the premises , to act as a parliament without your secluded fellow members , king , or house of lords , then follow the presidents of all your protestant predecessors in these particulars . . take into your saddest considerations the great increase , disguises of dangerous iesuits and other romish vipers now amongst us , which a. b. a jesuite in his mutatus polemo : or , the horrible stratagems of the jesuits lately practised in england , during the civil wars , and now discovered by him , a reclaimed romanist , imployed before as a workman of the mission from his holiness ; dedicated by him to your own president bradshaw ; published by special command of your new republike ( london printed for rob. white . ) thus relates to your selves and the world , p. , . that he could bring in to your counsel-table a horrible long catalogue of more perniciously damnable actors of jesuitical devils in mens shapes , yea in ministers too , crept in ( from forein seminaries ) to undermine our church and state , then was in the yeer . in that infernal powder-plot : that there was one regiment , or more of them , under sir iohn kempsfield , a commander of the horse in the late kings armie : who discerning the kings inclination to close with the scots and presbyterians , and expecting no advantage to their cause by siding with him , held their private conventicles and councels at oxford , wherein they resolved to desert , and draw off all their own and all his other forces from him , and close with the prevailing parliament partie , which they accordingly effected : ‖ that upon the kings departing to the scots armie , and surrender of oxford , the jesuits , priests and popish partie under him , not only changed the habits of their minds , but bodies also : turning from upside cavaliers and high royalists , and god-dammees , holie converts and parliamenteers : nothing but the holy covenant being heard in their mouthes . for our bodies , proteus is lesse than a fiction to us . he that ere while was a commander in a ranting equipage , is now slinking into a coblers stall , or weavers loom , or tapsters apron , or coachmans box , or beggars weed , or horsemans frock , or serving-mans liverie , or tailors shop , or pulpit-thumping presbyters gippo , into what not . it is not unknown what trade we drive beyond sea , when no trade comes amisse to us . to make this good , our governors the states of this commonwealth ( if they will deign to hear me now their true servant ) shall bee eftsoon able to cull out manie a sheep-clothed-wolffrom their stations , stalls , looms , aprons , weeds , liveries , shops , yea and buff coats ; what say you to pulpits too ? let not engl. ( now like a bird ( ah me ! ) pursued by several fierce flying falcons , and too too near the intended hard gripes of their cruely sharp tallons ) either out of a dull or drowsie sottishness , or a phantastical humour of contradiction , suppose i speak what i know not : if i should tell them i can , and ( now being about to do it will ( but privately before authoritie ) produce a catalogue of catholicks , ( fathers , so we will be called ) of several orders and others that are natives , gone into remote counties , who duly go to church too , and of an incredible number now living in this commonwealth under several notions , whcih i my self can point at with a drie finger . i tell thee in general , there is scarce a town or citie , but in few miles of it i can furnish the reader ( to thy amazement be it spoken ) with some who have lived in england , , , , , , , , , years ( i. b. of ne. in es. ) unknown , unsuspected , but taken for clean contrarie ; let them avoid me if they can : they are his own words , page . to . he shews how mons. montril ( the french agent ) trepand the poor cavaliers of the kings partie , in transporting them out of scotland into france ; how they were there butchered by the french : such is their love to the royal party of england : what endeavours were used by card : mazarine , father d. and le m. to seduce and corrupt prince charls in his religion both before and after his fathers death ; and what promises were made both by the french and spaniard , that all catholick princes should be invited and consulted with for an unanimous invasion of england , if he would turn catholick . page , . hee hath this memorable passage : during these sollicitations , news comes aloft upon the wings of the wind , that the people and state of england had summoned his father to an high court of judicature , to bring him to a trial for all the innocent bloud he had spilt , and the hideous devastations he had caused . this was no little good news to the cardinalitical party , ( i mean the iesuitical , ) ( this jesuit himself being then at the french and princes court in paris ) for in my next i shall satisfie thee , concerning their cunning workings ; how even those who pretend so much charitie to the son , ‖ did séek by all machinations to expedite and accelerate this high piece of iustice upon the father : and now , say his tutors to him , if they proceed to death with your father , it will prove the better for you ; for it shall utterly alien the hearts & affections of the people from them , and you shall finde them to be more eagerlie violent for your reinvestment , not considering the change of your religion , which by anie means shall not be known , but to your good catholick subjects of england , till such time as you have vested power enough into your own hands to protect it , and your self in it . but indeed the lad had somewhat of his fathers astutiousnesse in him ; and presently asked the cardinal the same question as his father once did the king of spaine , when he was almost easilie intreated to have turned to the faith catholick : how shall i ( said he ) ever expect to be king of england , if once the english should understand i have turned catholick ? to which they easilie gave a satisfactorie resolution , telling him ; that ( as the case now stood ) he must never look to be admitted , but by fire and sword : the main force of armes must make way for him , neither could he in the least atchieve that , or put it in execution without the ayde of catholike princes , which they will never be brought to act in without a firm assurance of your real and faithfull conuersion . what impressions the news of his fathers decollatiō made upon him ; what use the cardinal and iesuits made of it , to induce him and others to poperie ; and what endeavors were used by the iesuits to make up a peace between the spanish and french to invade england , and make it their prey if he would turn papist , under pretext of restoring him to his crown , you may read in this iesuit , p. , , , . and in militiere his victorie of truth , dedicated to king charles after his fathers death , to pervert him in his religion , as the only means of his restitution . these passages of this iesuit , ( who stiles himself , p. . the faithful servant of the common-wealth of england . ) dedicated to president bradshaw himself , and printed by his special command , and our republican governours now sitting , ann. . ( when mr. prynne was committed close prisoner by them without hearing , or accusation ) will justifie the truth of all his ‖ former discoveries ; that your beheading the king , and degrading our kingdom into a new free-state , was the verie french cardinals , spaniards , popes , and iesuits plot , to ruin both our protestant kings , kingdom , church religion , even by your own confessions , and that it gave unto them strong arguments , to perswade the kings posteritie and partie for ever to abominate our religion , as manie of them have done upon this very account , though the king himself , and his brothers yet continue constant ( through gods mercie ) against all provocations ; to their eternal honour , but your perpetual infamie , who have put them upon such direfull temptations . . before you engage in any other business , peruse all former acts and ‖ petitions of our protestant parliaments since eliz. to this present against iesuits , seminarie●priests , papists , poperie ; the manifold mischiefs , dangers accrewing by their increase , toleration , and suspension of our lawes against them ; the causes of their growth amongst us , and remedies to prevent the same : then put them all ( with the oath of abjuration , and . bills against them , assented to by the late king in the last treatie ) into immediate , impartial vigorous execution . . imploy faithfull , knowing , stout , active persons , with sufficient power , and encouragements to discover , detect , apprehend them , under what ever disguise and shelter they now secure themselves : especially take diligent care to ferret these romish vermin and troublers of our israel out of all your armies , garrisons , camps , and all sectarian separate congregations , the boroughs wherein now they lurk securely , by putting them all to the test of the oaths of abjuration supremacie and allegiance . . permit no seminarie priests , friers , romish emissaries of any nation , but especially no iesuits of ‖ any their . ranks to remain in our realms , or dominions : it being impossible to enjoy any peace , settlement in church or state , or to expect anie dutifull obedience , quiet in or from the armie , whiles these ‖ firebrands of sedition , treason , remain within our coasts : upon which account they have been by sundrie proclamations of queen elizabeth , king iames and king charles , not only banished out of england , scotland , ireland , and all their dominions ; but likewise out of france , germanie , poland , bohemia , austria , moravia , transilvania , hungarie , venice , and other popish kingdomes , states , as well as out of the netherlands , denmark , sweden , and protestants territories : as the authors of all their wars , troubles , tumults , insurrections , rebellions , treasons , regicides , and the publike pests of church and state. . put no arms into anabaptists or quakers hands , ( formerly ‖ decrying them , as unlawful ) lest london become another munster , and england another germanie , in few moneths space . . since christ iesus , who is truth it self , hath laid down these . gospel-maxims of infallible veritie : mat : . . to . lu. . . &c. that ravenous wolves in sheeeps clothing , as well as trees , are and shall be known by their fruits . john . . you are of your father the devil , for his works ye doe . rom. . . that to whom ye yield your selves servants to obey , his servants ye are to whom ye obey . if all the premises infallibly convince your consciences , judgements , as they will and must do , that all the forementioned fruits you have produced since december . . are the proper fruits of iesuits and romish wolves in sheeps clothing ; yea the very worst , sowrest of all their fruits and powder treasons : that the workes you have done in murdring our protestant king , destroying our parliaments , kingdoms , government , laws , secluding your fellow-members and lords house by force , erecting your new republike , and parliamentarie conventicle , &c. are the works of the iesuites and devil ; that you have yielded up your selves as obedient servants unto them in everie of these , against your own former oaths , protestations , vows , covenants , declarations , commissions , principles , professions , judgments , rightly informed consciences : the votes , obsecrations , disswasions of your fellow members , and most indeared protestant friends , ministers , relations : the indentures , desires of those counties , burroughs you represent : and that the very principles , by which you have acted since dec. and now again , are the very jesuits principles ; as you may read at leisure in iohannis mariana , de rege & regum institutione , l. . c. . creswels philopater , franciscus verona constantini , apologia pro johanne castellio et jesuitis ; iesuitae reinaldi liber , de iusta reipublicae christianae in reges impios et haereticos authoritate , &c. published under the name of william rosse , in ludovicus lucius historia jesuitica , l. . c. . hospinian hist. jesuitica , l. . & . & speculum jesuiticum , printed . wherein you may truly view your iesuitical physiognomies , heads , perrewigs , instead of your old genuine protestant complexions , brains , notions , hair . and if the present fresh addresses , petitions of anabaptists , quakers , sectaries , from southwark , warminster , hertfordshire , kent , and other places to the army-officers , and your selves , with their late listings in the army , affronts to ministers in their churches , ejection of some of them to intrude themselves , alreadie budding forth , sufficiently discover whose servants you are , and whose drudgerie you must execute . o then immediately abjure , rescinde , and null them all with highest indignation , and persist no longer in any such destructive waies , counsels , projects , under any pretext , consideration , interest or perswasions whatsoever : but rather remember mr. oliver saint-iohns words ( now sitting amongst you ) in his argument at law against the earl of strafford ( printed by the commons house special order ) p. . in this i shall not labour to prove ; that the endeavouring by words , counsels and actions , to subvert the fundamental lawes and government of the kingdom is treason by the common law : if there be any common law treasons left , nothing treason if this be not , to make a kingdom no kingdom : and then consider sir edward cooks memorable observation ( published by the commons order ) instit. c. . p. , . it appeareth in the holy scripture , that traytors never prospered , what good soever they pretended , but were most severely and exemplarily punished ( in conclusion : ) which he proves by the examples of corah , dathan , and abiram , num. . , . c. . . athaliah , kings . . . bigthan and teresh , esth. . . . c. . . absolom , sam. . . . abiathar , king. . , . shimei , sam. . , . kings . . . zimri kings , . . theudas , acts . , . and iudas iscariot , the traytor of traytors , acts . . mat. . . peruse over all our books , records , his●ories , and you shall finde a principle in law , a rule in reason , and a trial in experience , that treason doth ever produce fatal and final destruction to the offender , and never attaineth to the desired end ( two incidents inseparable thereunto . ) and therefore let all men abandon it as the most poisonous bait of the devil of hell , and follow the precept in holy scripture : ‖ fear god , honor the king , and have no company with the seditious felix quem faciunt aliena pericula cautum . so he . now because m● . p. finds some grandees of his own profession sitting in the house to countenance and make up this vnparliamentary iuncto , he shall desire them in the first place seriously to consider , how much they have formerly and now again dishonoured themselves , and the whole profession of the law , in sitting in , complying with , acting under , such illegal anti-parliamentary conventicles , powers , changes , changers ; yea crying them up for legal english parliaments , powers , obeying , executing all their illegal new knacks , orders , ordinances , as acts of parliament in civil , criminal , real or personal causes , against all records , law-books , presidents of former ages , their own judgments , oaths , science , consciences , to the intollerable scandal of their robe , the injurie , abuse of the whole nation , the prejudice of all their lawfull superiours and the publick , the encouragement of usurping traytors , tyrants , oppressors , in their waies of wickedness , the ill example of most others , and their own just reproach . ly . to observe , how god in his retaliating justice , hath recompensed this their wilfull prevarication upon their own heads , by turning many of them out of their respective places of judicature , honor , profit , ( the ground of this their sinfull complyance ) with infamy , dishonour , reproach , even by the very persons with whom they unworthily complyed , and those especially in present power , who had neither been an house of commons , much lesse a mock parliament , without their presence and complyance . ly . that the base unworthy , unchristian complyance of the lawyers and clergy of england , with our late trayterous innovators , usurpers , out of base fear , sordid covetousnesse , ambition , self-saving , or self-seeking , to the prejudice , ruine of king , kingdom , parliament , lords , law , hath brought an universal odium upon them , with those with whom they most complyed , as well as others , the army officers and present iuncto , under a pretext of reformation , designing both their ruines through the jesuites politicks , who now bear greatest sway , having turned many of them with scorn and contempt out of their former places of judicature , beyond their expectations , and reviled both their persons and professions , to their faces , as a generation of sordid temporizers , and useless , faithless persons , not fit to be entrusted any more , but discarded out of their new lawlesse republick , which hates both law and gospel , as warranted by neither , and repugnant unto both . ly . that the only way now to regain their lost honour , and preserve both our laws , liberties , religion , establish future peace , settlement , and prevent impendent ruine , is , to endeavour to restore our antient , hereditary , just , legal kingship , kings , governors , government , with all their necessary invaded prerogatives , lands , revenues , rights , jurisdictions , and inviolably to preserve them with their lives and estates against all conspiracies of popes , jesuits , and foreign enemies to subvert , and undermine them in any kind ; as the several memorable parliaments and statutes of h. . c. . h. . c. . h. . c. . h. . c. . e. . c. . e. . c. . eliz. c. . . . eliz. c. . . . ▪ eliz. c. . . . . eliz. c. . , eliz. c. . . . eliz. c. . . . . eliz. c. , . eliz. c. , . eliz. c. . , . eliz. c. , . eliz c. , . jac. c. . jac. c. , , , , , . jac. , , . jac. c. , . & car. c. , . in their respective preambles and bodies ( worthy our most serious review in the statutes at large ) resolve , being more to be credited , pursued , than all the rash jesuitical suggestions , votes , and inconsiderable resolutions of any unparliamentarie conventicle , or upstart pseudo-polititians , advancing themselves to the helm of our new republick , by colour of the statute of car. . which bill by the commons house resolution in their ‖ remonstrance of dec. . seems to be some restraint of the regal power in dissolving of parliaments , not to take it out of the crown , but to suspend the execution of it for the time and occasion only , which was so necessary for the kings own security , and the publick peace , that without it they could not have undertaken any of those great things , but must have left both the armies to disorder and confusion , and the whole kingdome to blood and rapine , therefore the parliament must needs determine by the kings death , as he hath infalliby evidenced beyond contradiction . in the last place , mr. prynne shall most importunately beseech all the antient nobility , secluded members , well-affected gentry clergy , commonalty of the english nation ( which had never so many effeminate , false heads , and hearts as now , many a jesuite , priest , monk , lurking under the disguise of womanish perewigges brought into fashion by them ) as they now tender their own private , or the publick safety , weal , settlement , and preservation of our endangered church , religion , kingdom , parliament , laws , privileges , properties , and prevention of their impendent ruine . first of all seriously to consider , lament , cast off , reform , their own late , present , monstrous sottish stupidity , sleepinesse , b self saving , self-seeking spirits , and most unworthy , un-manly , un - english , unchristian pusillanimity , cowardize , c fear of a few contemptible mercinary mortal men , who shall shortly dye , and become as dung upon the earth ; and their grosse breach of all publick oaths , protestations , leagues , covenants , in not opposing , resisting them manfully in their several places and callings ; which hath been the principal cause of all the publick changes , innovations , oppressions , grievances , exorbitances , insolencies , they have hitherto suffered by their own armed hirelings , and are the d saddest symptomes of our approaching imminent desolation : if not speedily repented , redressed , ere it be over late . ly . to pursue these gospel advises , cor. . . watch ye , stand fast in the faith , quit ye like men , be strong . gal. . . phil. . , . stand fast in the liberty , wherewith christ hath made you free , and be not intangled again with the yoke of bondage ; in one spirit , striving together with one mind for the faith of the gospel , ( the fundamental , laws , liberties , government , privileges of the nation . ) and in nothing terrified by your adversaries , which will be to them an evident token of perdition , but to you of salvation , and that of god. ly . do you all now publickly , resolutely , constantly , unanimously , ( according to the e tenor of the solemn league and covenant ) claim , assert , vindicate , and endeavour to preserve with your lives and fortunes , the reformed religion , worship , doctrine of the churches , the rights and privileges of the parliaments , the laws and liberties of the kingdoms of england and scotland , and the kings majesties person , authority and posterity , in the defence and reformation of the true religion , and liberties of these kingdoms . and with all faithfulnesse endeavour , the discovery of all such as have been , are , or shall be incendiaries , malignants , or evil instruments , by hindring the reformation of religion , dividing the king from his people , or one of the kingdoms from the other , making any factions or parties among the people , contrary to this league and covenant , that they may be brought to publick tryal , and receive condign punishment ; assisting , defending each other in the maintenance and pursuit thereof , without any division , withdrawing , defection , or detestable indifferency , or neutrality whatever . for which end , in a brotherly , friendly , christian , yet stout and resolute manner , demand publickly of the general counsel of army officers , and their westminster conventicle . . by what lawfull commission , authority , or warrant from god , our laws , or the generality of the people of england ( whom they have voted the supream authority , and whose servants they pretend themselves ) they have formerly and now again , forcibly secluded the whole house of lords , and majority of the commons house , from sitting in our parliamentary counsels , or the old parliament if yet in being , and made themselves not only a commons house , but absolute parliament without a king or them , contrary to the very letter , scope of the act of car. c. . by which they pretend to sit ? ly . by what authority they presume to turn our most antient , glorious , famous , honourable , first christian kingdom , into an infant , base , ignoble , contemptible sectarian free-state or commonwealth , and disinherit our hereditary kings and their posterity , e against all our laws , statutes , declarations , remonstrances , oaths , vows , protestations , leagues , covenants , customs , prescription time out of minde , liturgies , collects , canons , articles ; homili●s , records , writs , writers , and their own manifold obligations to the contrary for their inviolable defen●e , support , and preservation , only in pursuit of the jesuites , popes , spaniards , and french-cardinals forecited plots ; and who gave you this authority ? the rather because the whole english-nation , and high court of parliament , wherein the whole body of the realm is , and every particular member thereof , either in person or representation , ( by their own free-elections ) are deemed to be present by the laws of the realm , did by an expresse act , iacobi c. . ( worthy most serious consideration ) with all possible publick joy and acclamation , from the bottom of their heart ▪ recognize , and acknowledg , ( as being thereunto obliged , both by the laws of god and man ) that the imperial crown of this realm , with all the kingdoms , dominions , and rights belonging to them , immediately after the death of queen elizabeth , did by inherent birth-right , and lawfull and undoubted succession descend & come to king iames , as next and sols heir of the blood royal of this realm , and therunto ( by this publick act o● parliament , to remain to all posterity ) they did humbly and faithfully submit and oblige themselves , their heirs and posterity for ever untill the last drop of their bloods be spent , as the first fruits of this high court of parliament , and the whole nations loyalty and faith to his majesty and his royal posterity for ever : upon the bended knees of their hearts agnizing their most constant faith , obedience , and loyalty to his majesty and his royal posterity for ever . after which the whole english nation , and all parliaments , members of the commons house ever since , and particularly all members of the parliament of caroli , continued by the statute of car. c. . pretended to be still in being , did by their respective oaths of allegiance , fealty , homage , and supremacy , ( containing only such duty , as every true and well-affected subject not only by his duty of allegiance , but also by the com●●mandement of almighty god , ought to bear to his majesty his heirs and successors , f as the parliament , and statute of iac. c. . declares ) joyntly and severally oblige themselves , to bear faith and true allegiance not only to his majesty , but his heirs and successors , and him and them to defend to the uttermost of their power against all attempts and conspiracies whatsoever , which shall be made against his or their persons , g their crown and dignity , or any of them , and to maintain all iurisdictions , preheminences , authorityes , justly belonging , united , or annexed to the imperial crowu of this realm ; which all members of the long parl. & those now sitting ratified , not only by hundreds of printed declarations , remonstrances , ordinances , but likewise by a religious protestation , vow , and solemn national league and covenant , ( publickly sworn and subscribed with all their hands , in the presence of god himself , and by all the well-affected in these three kingdoms ) but by all our ordinary publick liturgies , collects , directory articles , homilies , prayers before sermons , in all or most of their families , closet-prayers , yea graces before and after mea● , wherein they constantly prayed to god , ( according to the h practise of the saints in the old and new testaments , the primitive church of god , and heathen nations , & of the church , parliaments of england themselves , in all age● , ) not only for the health , life , wealth , safety , prosperity , preservation , salvation of our kings and their realms , but likewise of their royal issue and posterity . that there might not want a man of that race to sway the scepter of these realm , so long as the sun and moon shall endure , or to the like effect and if they cannot sufficientlie satisfie your judgements , consciences , in this particular , nor answer the precedent reasons in defence of our hereditary kings & kingship , against their vtopian republick , then take up the peremptory resolution of all the elders , and tribes of israel , when oppressed by samuels sonnes mis-government , turning aside after filthy lucre , and perverting iudgement , sam. . and say resolutely to them , we will have no new common-wealth nor vnparliamentary conventicle to rule over , oppresse , ruine us , nay , but we will have a king ( our own lawfull hereditary king ) to reign over us , that we also may be like all other nations , ( yea like our selves and our ancestors in all former ages ) and that our king may judge us and go out before us , and so put a speedy end to all our present & future changes , wars , troubles , fears , dangers , oppressions , taxes ; and restore us to our pristine peace , settlement , unitie , amitie , securitie , prosperitie , felicitie , upon the propositions assented to by his beheaded father in the isle of wight , whose concessions the ho : of commons without division , after . daies and one whole nights debate ; ( dec. . notwithstanding all the armies menaces ) resolved upon the question , to be a sufficient ground for the house to proceed upon for the settlement of the peace of the kingdom : upon better terms , and greater advantages , than ever they have yet enjoyed , or can possiibly expect from any new free-state , or other new armie government or governours whatsoever . the old parliaments , statutes of h. . c. . . h. . c. . & eliz. c. . ( the most impartial judges in this case ) long since resolving , that it is , and of very right and duty ought to be the natural inclination of all good people , like most faithfull , loving , and obedient subjects , sincerely and willingly to defire and provide for the supportation , maintenance . and defence of the person , crown , royal estate and succession of their dread soveraign king , upon and in whom all their worldly ioy and wealth , and the surety of them all , next under god , doth principally depend ; as we have experimentally found by all the miseries , oppressions sustained under our late new forms of governments and governors , whose * little fingers have been heavier than our kings whole loyns ; and the cousels , proceedings , of our young raw statesmen , more pernicious , exorbitant than the old ones under our kings . which should engage all to return to their old kingly government . ly . if they will not upon anie terms be serued up to such a degree of christian , or old english resolution , as thus to expostulate with their servants , hirelings , and fellow members , after so manie high and bloudie contestations with their lawfull soveraign in parliaments , and the field , when their laws , lives , liberties , church , religion , kingdom , and all earthly comforts were less endangered than now in their own judgements ; mr. prynne shall then intreat them only to take so much courage , as over-timerous * king iehoshaphat and his cowardly people did , when three confederated forein nations came up to invade and destroy their kingdom ; and to act as they did then . first , let them appoint a publike fast throughout the kingdom , citie , countrie , and use the self-same praier as they used . o our god , will thou not judge them ! for we have no might against this great companie , ( no nor that little conventicle , inconsiderable handful of armie-men & sectaries now combined against us ) but our eies are unto thee ; annexing to it this praier of david , ps. . deliver us o lord from the evil man , preserve us from the violent men , which imagin mischief in their heart , continually are they gathered together for war. grant not , o lord , the desire of the wicked ; further not their wicked devices , lest they exalt themselves , let the mischief of their own lips cover them ; let them be cast into deepe pits , that they rise not up again : let not an evil speaker be established in the earth ; let evil hunt the men of violence to their overthrow : then pursue the prophets advice from god unto them . hearken ye all iudah , and ye inhabitants of ierusalem , thus saith the lord god , be not afraid nor dismaid , by reason of this great multitude ( much less of this small conventicle ) for the battle is not yours , but gods. to morrow go out against them , ye shall not néed to fight in this battle : only set your selves ( in array against them ) and stand still : ( keep your ground , fear not , submi● not to their power , usurpations , impositions in any kind ) and the lord will be with you ; whereupon they rose early in the morning , and went out against them with their priests before them , singing praises and psalms of thanksgiving to god. and when they began to sing and praise , the lord set ambushes against the children of ammon moab , and mount-seir , which were come against judah , and they smote one another ; for the children of ammon and moab stood up against them of mount seir , utterly to slay and destroy them ; and when they had made an end of them , every one helped to destroy another . and when iudah looked upon the multiude , behold they were dead bodies fallen to the earth , and none escaped . whereupon jehoshaphat and his people gathered up their spoiles for . daies space together , they were so great ; and on the th day they blessed the lord , and returned with joy to jerusalem , ( without the losse of anie one mans life , or one stroke struck by them ) because the lord fought against the enemies of israel . imitate but their example herein ; go out only couragiously against these invaders of your countries rights , liberties , privileges , without fear or dispondencie ; own not their incroached parliamentarie power , acts , imposition , edicts , taxes , excises in anie kind ; keep fast your purse-strings , and part with no farther pay to your armie-saints , till they obediently submit to your commands , as their masters , and acknowledge themselves to be your mercinarie servants , not your soveraign new lords , masters : then without any more fighting , bloudshed , danger to your persons or estates , you shall soon behold the mungrel multitude of anabaptists , quakers , sectaries , republicans , vanists , cromwellists , iesuits , papists , now combined against you , divided against each other ( as you see they are pretty well ) and every of them will help to destroy one another , as they begin to doe ; and their westminster new-convened vn-parliamentarie conventicle thrust out of doors by themselves again , with greater scorn , infamie , derision , damage to them , than heretofore : as obad. . . ezech. . . deut. . , . , . ps. . , . ps. . . ps. . . prov. . , , c. . , . mich. . . to . hab. . , . rev. . . c. . . c. . , , . mat. . . judg. . , . may assure both you and them , compared with gods late wonderfull providences of this kind upon all sorts of innovators : so as you may sing , k they are brought down and fallen , but we are risen and stand upright . but if you neglect or refuse to follow this advice ; beware lest through your unworthie cowardize and negligence in this kinde , you become not a speedy prey to these ravening wolves , l now likely to transform london into another m munster , and england into a second germanie ; as in the year . mr. prynne having thus fully , faithfully , sincerely discharged his dutie , and satisfied his own conscience ; is resolved to n lie down quietly , to take his rest , and hope for the salvation of his god ; concluding with the words of st. paul in a like case , tim. . , , . , , . i am now ready to be offred , and the time of my departure is at hand . i have finished my course , i have kept the faith : henceforth there is laid up for me a crown of righteousness , which god the righteous iudge shall give me at that day . at my first answer no man stood by me , but all men forsook me : i pray god that it may not be laid to their charge : notwithstanding the lord stood by me and strengthned me , that by me the preaching might be fully known , and that all the gentiles might hear : and i was delivered out of the mouth of the lyon , and the lord shall deliver me from every evil work , and will preserve me to his heavenly kingdom ; to whom bee glorie for ever and ever , amen . isay . . to . associate your selves o ye people , and ye shall be broken in pieces ; gird your selves and ye shall be broken in pieces ; take counsel together , and it shall come to nought ; speak the word and it sh●ll not ●tand : for god is with us . for the lord spake thus to me with a strong ●eud , and instructed m● , that i should not walk in the way of 〈…〉 ; saying , say not a c●nfedera●ie , to whom this people shall say a confederacie , neither fear ye their fear , nor be afraid . but sanctifie the lord of hosts himself , and let him be your fear , and let him be your dread , and he shall be for a sanctuarie . ps. . , , . o lord , i have walked in thy truth ; i have not sat with vain persons , neither will i goe in with dissemblers . i have hated the congregation of evil doers , and i will not sit with the wicked . pro. . . the fear of man bringeth a snare , but he that putteth his trust in the lord shall be safe . ps. . , , : ps : . . the lord liveth , and blessed be my rock , and let the god of my salvation be exalted . he delivereth me from mine enemies , yea thou liftest me up above those that rose up against me ; thou hast delivered me from the violent man : therfore will i give thanks unto thee , o lord , among the heathen , and sing praises unto thy name . it is he that giveth salvation unto kings , that delivereth david his servant from the hurtfull sword . great deliverance giveth he unto his king , and sheweth mercy to his anointed ; to david and to his seed for evermore . thomas campanella de monarchia hisp : c. . omnis haeresis cum ad ath●●ismum delapsa est per sapientem prophetam in veritatis viam reducitur ; habent enim haereses periodum suam ad modum rerum publicarum ; quae à regibus in tyrannidem ; à tyrannide in statum optimatium , et inde in oligarchiam , atque tandem in democratiam , ‖ & in fine rursus in statum regium revolvuntur . william prynne . from my studie in lincolns inne may . . finis . errata . page . l. . dele it ; p. . l. . melston , r. millington , p. . l. . precope ; p. . l. . r. . p. . l. . erecting , r : exciting ; p. . l. . both , r. doth ; p. . l. . as , r. was . notes, typically marginal, from the original text notes for div a -e * see the epistle and appendix to my speech in parliament ; and the d part of the history of independency . (a) the true state of the case of the common-wealth in reference to the government by a protector and a parliament : mainta●ning therein a full conformity to the declared pr●nciples and engagements of the parliament and army . i● being the opinion of divers persons who throughout the late troubles have approved themselves faithfull to the cause and interest of god and their country presented to the publick , for the satisfaction of others , printed . p. . . which mr. prynne had then in his pocket . * ian. . * comforting , supporting himself against all persecutiōs , reproaches , libels , calumnies cast upon him : with mat. . , , . pet. . , , . c. . , , , . phil. . . cor. . , , , , , . c. . , , , . (a) see mr. prynnes epistle and appendix to his speech in parliament , his d . part of the narrative of the armies force , . and a new discovery of free-state tyrany . . (b) see his brief memento to the present unparliamentary iuncto . . (c) in his memorial for reformation of england . . wat●ōs quodlibets p. . to . . to . wil. clarks his answer to father parsons libel . p. . (d) de monarchia hispanica , c. , . (e) romes master piece , and hidden works of darkness brought to publick light . (f) historia part d. venetiis , . p. , . (g) see the instrument of government , and petition and advice , section . * a collect p. , , , , , . i appendix to his speech , p. . and relation of the members seclusion . * see mr. prynne good old cause stated & stunted , p. , , . , , k see mr. p ▪ his gospel plea , watsons quodlibets , and rhe case of ●he common wealth of england rightly stated . l see his legal plea against illegal taxes , his legal vindication , p. , ● , . his brief register of parliamentary writs , and plea for the lords . l ● e. . restall armor , . cooks instit. p. . mr. prynnes brief register of all parliamentary writs p. , . , , . exact abridgement of the records in the tower , p. , , , , , , , , , . m mr. prynnes brief register and survey of parliamentary writs p . n see their votes , jan. . declaration , martii . the agreement of the people and armies remonstrance and petition nov. ▪ . & ian. ● . . o jac. ch . . ash-parliament . . p cl. e. . m. . dors . q h. . rot. parl . n. . plea for the lords , p. . canterburies doome , p. , . mr. pyms speech ▪ f●br . . * see his legal vindication against illegal taxes . p. . to . his plea for the lords : and brief register . * mr. rushworths historical collect. p. ● , . s cooks instit . c. . cromptons jurisdiction of courts , br tit. parliament . a brief register , survey of parliamentary writs p. ● , , , . mr. rushworths historical collection , p. . t cooks report , calvins case , f. . * e , . & . v see mr. prynnes brief register , kalendar & survey of parliamentary writs . a cooks instit . p. . b. & rep. f. . dyer , ash. authority . . & the books there cited , h. . c . * dyer , f. . b modus tenendi parl. h. de knyghton de event . angliae l. . col . . . grafton p. , , mr. prynnes plea for the lords , p. , . exact collection , p. . . . c plowden , f. . dyer , f. . b. mr. seldens titles of honor , & mr. prynns plea for the lords , and house of peers . d cooks ● instit. p. . e. . rot . parl. n. . ● r. . rot . parl. n. . h. . n. . e exact collection , p. , , , , , , , , . x cooks report . calvins case , f. . y see the history of the independency , part . salmatius & bochartus . * hab. . . objection . answ. nota. * better acts than ever the republicans made or intend to make for the peoples ease and benefit : who only doubled , trebled all their taxes , grievances , insteed of removeing them . n brooke , perkins , fitzherbert , ash. tit. condition . o serj. finch his maximes of the law , cook and others . d exact col. p. . e exact col. p. . f exact col. p. . g exact col. p. . h exact collect . p. . i exact collection p. . k exact collect . p. . * some of them prisoners in execution , sent for out of goal , to make up an house . * kin. . , , c. . . , king. . to . * see exact col. p. , , to . a alexand. ab alexandro , gen. dierum , lib. . c , . sam. , . c. . , , . , . . c. . h. . c. . exact collect. p. . b page . sect . . printed by the armies special order , . * ol. cromwell , ireton , corn. holland , and others of them , stiled themselves a mock-parliament as iohn lilburn affirms . c grotius de jure belli , l. . c. . sect . . . d plowdons comentaries , f. . , , , . e. . . a watsons quodlibets ● . ▪ . b quodlibets , p. , , , , . . , , , , . b quodlibets , p. , , , , . . , , , , . nota. c quodlibets , p. , , . d quodlibet , . p. , . nota. e here p. . f imaginū antwerp , an . . speculum jesuiticum , p. . g see his epistle before his historical and legal vindication , &c. an. . h romes master piece , hidden works of darknesse , &c. a collection of ordinances , p. i a collect. of ordinances . p. . k a collect. p. , , , vid wekye of durb . a collect. p. . l romes masterpiece m a collect. p. . the history of independency part . n the history of the independency p. . o see mr. prynnes speech , memento , & epistle to his historical & legal vindication . ludovicus lucius , hist. iesuitica , p. , , . p see the false iew , and his examination , printed . q see his epistle before his printed book . . * see his iustice ō the armies remonstrance . . a see the prositions to the king , and mr. prynnes speech , p. , . his discovery of free-state tyranny . p. . b see their votes in feb. . and act for taking the engagement , sep. . . c iac. c. . ro. bellar. responsio ad apol. pro iuramento fidelitatis . d see the lord william hewards and prestons books in defence of the oath . mr. rushworths historical collections , p. . e see the d . part of the history of independency . f iac. c. . g see grotius de lure belli , l. . c. . dr. sanderson of oaths . h see their knack , sept. . . ●●peculum ●●uit . p. . ●● , . lu●●vicus luci●● hist. iesuit . 〈◊〉 c. p. , ●● , . , ●● . near two ●●ndred thou●●d pounds a 〈◊〉 more 〈◊〉 all the ●● venues and ●●xes ●●ount to , 〈◊〉 good ●●bands are k see the diuruals and almanacks from . to . v see mr. prynnes di●scovery of free state tyranny , p. , . see prynnes ●pistle before 〈◊〉 legal and ●●storical ●ollections , ● . . ●ee the d . ●t of the ●●story of in●●pendancy . n see his book and description of the west-indies . o see romes master-piece and hidden works of darkness brought to publick light . * herep. . p see mr. prynnes d. part of his legal historical vindication & collection , &c. p. . to . q ibid. p. , . flor. wigorn , sim. dunelm . hoveden , mat. westm. mat. pa●is , bromton , anno , . r malm. de gest. reg. l. . p. . s malm. ibid. sim. dunelm . col. . brompton , col. . t flor. wigorn . p. . sim. dunelm . col. , . u flor. wigorn . p. . sim. dunelm . col. . hov. annal pars . p. . * malm. de gestis reg. l. . p. . * mat ▪ . , , . * see august . tom . ser. . * pet. . . z epistola ● . tom. . see homil. . set . . tom. . peter lumbard , sent . l. . dist . . and the schoolmen on him . alex. alensis , sum . theol. pars . quaest . mem . . * sodainly takē frō his son by his nearest relations and army-officers , notwithstanding their proclaiming him his successor , and all addresses to live and dye with him ; and that without one drawn sword . * august . ep. . * ferdinandus imperator , subegis austriam , bonemiam , moraviam , s●●siam , hurgatiam , palatinatum utr●mque , ex lisque hae●eticutum patriarch●s hus●itas , & rebellionum faces calvinistas , expulit & prostigavit . agit● pri●cipes generosi , pargit● magnis animis , opu● foericibus adeo auspiciis caeptum confi●●● 〈◊〉 paribus studi●● rebellem calvini chaeresin paene ●vulsam stirpitu● ubilibet eradicate , ut p●tti●●● & pestiferis memb●i● dissectis , germania redinteg●ati , revalescere , pristinasque vires et robut queat collige●e , &c. cornelius cornelli jesu●●● . praes●t . s. trini●a●●● , commenta●iis in m●●ores propherus praefix : so● militiere his victory of truth . * rom. . . a de monarchia hisp. c. , ● , . b see his instructions . c paulus windeck de extirpandis haeresibus antid . . p ▪ . . . & . hospinian hist. jesuit . l. . & l. . p. , , . lud. lucius , hist. jesuit . l. . p. . l. . p. , , . johan . cambilhonus , de rebus jesuitarum abstrusio●ib us . an. . d see my . & . demurrer to the jews long discontinued remitter into england . * see hete , p. , . my quakers vnmasked , . and new discovery of romish emissaries , . f see his whitehall ordinances for excise and taxes , decemb . & march . may . & june . ▪ & the . part of my legal and historical vindication , &c. p. . . a exact . collection . p. . . , , , . . . , to . . . , , . , , . . . . to . . . . b a collection of ordinances p. . . . , . , . . , , . . . , , . . . . . . . . . : . . . , , . . . to . . . . , . . . . . , . appendix . p. . . * here , p. . c see their impeachments , trials , the act & ordinance for their attainders , mr. pyms speech . mr. st. iohns declaration , & argument ●gainst them , ●nd first part ●f my legal ●nd historical ●indication , ●c . lilly , and ●ulpepper . nota. t see hospinian hist. iesuitica , l. . & . speculum iesuiticum , p. . ludovicus lucius , histor : iesuit . l. : c : where it is printed at large & thuanus hist : l : . k hist. gallica & belgica , l : ● : f. , . speculum iesuiticum , p. . . the general history of france , in h. . and lewis . hospinian historia , iesuit . l. . . to . lud. lucius , histor. iesuit . l. . c , . * nota. * watsons quodlibets , p. , , . & dialogue , p. . a ps. . . b ps. . , . ps. . . c num. . . c. . . d ps. . . e cor. . . cor. . , , . deut. . . g jer. . ▪ c. . . h calipine , h●liok● , summa angelica tit. seditio . cice●o de repub . l . lu. . . i luke , . k see the appendix to mr rushworths historical col p. . to , , . l polit. l. . & ethic. l. . m secunda secundae artic. . & qu. . n s●mma angelica , tit. seditio . o see the soveraign power of parliaments , part . p. , . . a ps. . . b ps. . , , , . c rev. . . d mat. . . c. . . c. . . c. . . e mat. . . c. . . c. . . c. . . c. . , . c. . . acts . . f cor. . . col. . . rev. . . g eph. . . h aristot. polit. l. . c. . l. . c. . i mat. . . k rev. . . l exod. . . rev. . . c. . . c. . . pet. . . m mat. . . . c. . . c. . . n pet. . . . tim. . . o heb. . . p da● . . . lu. . . is. . . q tim. . . pet. . . ps. . . mat. . . rev. . . c. . . c. . . c. . . . r tim. . . rev. . . s lu. . . c. . . t iames . . u mat. . . x ps. . . gen. . . y rev. . . &c. . . . tim. . . ●it . . . ●ib . . . ●cts . . ●al . . . ●ay . . tim. . , ●ee tertui● apologia . e isay . . ps. . . f see the true old cause truly stated . g iohn . . to . h act. . ▪ i sam. . to . c. . . , , &c. k sam. . , , . l sam. . , . m job . . . n mat. . . sam. . . * chron. . . o ezech. . . p isay . . . ier. . , &c. q isay . . c. ▪ , . r lu. . ▪ to . s cor. . , . gal. . . , . . ps. . . , , . t mat. . , , , c. . to . . c , . . to . john . , . . . t mat. . , , , c. . to . . c , . . to . john . , . . . u chron. . . c. . . x heb. . . isaiah . . ▪ pet. . . y rom. . eph. . . c. ● . . z cor. . . c. . . eph. . . a rom. . . b isay . , . chron. . , . ier. . , , . c. . , . c mat. . . . lu. , . c. . . ma● . , , . d gen. . . exod. . . c. . . kings . . * see knolts turkish history , pauli orosii historia . the history of the albigenses . * see mr. edwards gangraenaes . e relatio de stratagematis & sophismatis iesuitarum c. . f lud. lucius , hist. iesuit . l. . c. . p. . cornelius cornelii , epist . com. in minores prophetas : and his epistle to his historical and legal vindication , &c. h mat. . . mar. . . lu. . . c. . . i mat. . , . * psal. . , , . * isay . . nota. d lu. . . e cor. . . f dan. . . col . , . c. . . tim. . , . rev. . . c. . . eph. , . bp. vshers ●ccles . brit. ●ntiq . c. , , ● , . . spel●anni concil . ●om . . & e●●st . ded. to fox acts & ●on . in h. . . qu. eliz. their sta●es to this ●pose . ●almsb . de ●stis regum c. . mat. ●stm . anno . poly●on . l. . c. ● . dunelm . ●mton , col . a el●●s , de vita ●irac . edw. ●fess . 〈◊〉 . . r. . . * kings . , , , . * tim. . . dan. . . c. . , , &c. * sam. . . kings , . king. . . psal. . , , , . * see bishop vshers annal. vet te●t . p. . * chron. . kings . ‖ chron. , , . c. . , , , . kings . to . * chron. . , , , , , . kings to . g e. . c. . mar. ses . . c. h. . c. . h aristot. pc lit . l. . c. . l. . c. i , case sphaera civitatis l. . c. . ● . l. . c. . ● . * worthy se●ious particu●ar perusal . ‖ prov. . . c. . , . eccl. . , . . a dion . cassius . dionys. halicar . polybius , livy , justin , eutropius , godwins roman antiquities , bodins common-wealth . (b) aelian var. historia , l. . c. . c grotius de jure belli , l. . c. . p. . d see my speech , p. , . e psal. . . ‖ ibid. p. , . nota. ‖ see here , p. p. , , , . ‖ see my epistle to a seasonable vindication , &c. edit . . . my quakers unmasked , & a new discovery of romish emissaries , . the plots of the jesuites , printed . and the jesuits undermining of parliaments and protestants . by william castle , . ‖ printed in my hidden works of darkness , &c. & mr. rushworths historical collections , p. . to . , , . to , , , , . exact collection , p. . to . ‖ romes masterpiece , p. . ‖ ludovicus lucius , hist. jesuit . l. . c. . p. , , . l. . c. . p. , , , , , , , , &c. hospinian hist. jesuit . l. . & . speculum jesuiticum . ‖ see lucas osiander contra anabaptistas . ‖ prov. . . pet. . . ‖ exact . collection , p. . a iud. . . . b mat. . . c prov. . . isay . , . c. . . c. . . c. . . mat. . . d isay . , . . c. . . c. . . iudg. . , , is. , . ier. . , . c. . , . lam. . . ezech. . , . e collect. of ordinances , p. to . e mat. . . f exact collection , and a collection of them . the good old cause truly stated . g see the letany , collects , for the king , queen , and royal issue : canons , . can. . h tertulliani apolog euseb . de vita constantini , l. . c. , . cassiador . hist. tripartita , l. . c. . athanatius apologia ad constantinum imp. sozomen eccles. hist. l. ● . c. . l. . c. . surius concil . tom. . p. . tom. . p. , , , , , , , , . , , , , , , ● ▪ . tom. . p. . . cl. e. . d , . cl. e. . d. . cl. e. . d. , . cl. , e. . d. . cl . r. . d. . cl . r. . d. . cl . r. . d. . cl . r. . d. . * chron . . to . see my new discovery of fre● state tyranny ; and englands new chain● . * . . . ● . to . k psal. . . l chytra● chron : saxonia l. . p : , to ● . m munsters cosmog . l. . c. . sl●i●ian commens . l. n psal. . . psal. , , ‖ see polybii hist. lib. . p. to . the declaration of the gentry, of the county of norfolk, and of the county and city of norvvich this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing d thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the declaration of the gentry, of the county of norfolk, and of the county and city of norvvich lenthall, william, - . sheet ([ ] p.) s.n., [london : ]. praying for a free parliament and the recall of the members secluded in . imprint from wing. annotation on thomason copy: "jan ". reproduction of original in the henry e. huntington library. eng taxation -- law and legislation -- england -- early works to . great britain -- history -- commonwealth and protectorate, - -- early works to . great britain -- politics and government -- - -- early works to . norfolk (england) -- history -- early works to . broadsides -- england -- london a r (thomason .f. [ ]). civilwar no the declaration of the gentry, of the county of norfolk, and of the county and city of norvvich. [no entry] a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion the declaration of the gentry , of the county of norfolk , and of the county and city of norvvich . vve the gentry of the county of norfolk , and county and city of norwich , being deeply affected with the sence of our sad distractions and divisions , both in church and state , and wearied with the miseries of an unnatural civil war , the too frequent interruptions of government , the imposition of several heavy taxes , and the loud out-cries of multitudes of undone , and almost famished people , occasioned by the general decay of trade , which hath spread it self throughout the whole nation , and these counties in particular ; and having met together , and consulted what may best remedy , and remove our , and the nations present grievances and distractions , do humbly conceive , that the chief expedient will be , the recalling of those members that were secluded in , and sat before the force put upon the parliament ( we of the county of norfolk ) being by such seclusion , deprived of any person to represent us in parliament , ) and also by filling up the vacant places thereof ; and all to be admitted without any oath , or engagement , previous to their entrance ; which being done , we shall be ready to acquiesce , and submit in all things , to the judgment and authority of parliament , without which authority , the people of england cannot be obliged to pay any taxes . this declaration , subscribed by three hundred gentlemen , was delivered to the honourable will : lenthall , speaker of the parliament , on saturday the eight and twentieth of january , . by the lord richardson , sr john ho bart , and sr horatio tounsend , baronets . plain dealing: or, the countreymans doleful complaint and faithful watchword, to the statesmen of the times, whether in the parliament or army. wherein is set down, the rise, nature, and species of right government, with the corruption thereof in former, and this our generation, to this present time. / by edward harrison of keensworth in hertfordshire, sometimes preacher to col: harrison's regiment. harrison, edward, of keensworth in hertfordshire. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing h thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) plain dealing: or, the countreymans doleful complaint and faithful watchword, to the statesmen of the times, whether in the parliament or army. wherein is set down, the rise, nature, and species of right government, with the corruption thereof in former, and this our generation, to this present time. / by edward harrison of keensworth in hertfordshire, sometimes preacher to col: harrison's regiment. harrison, edward, of keensworth in hertfordshire. p. printed for j. harris, and are to be sold at addle-hill, london : . annotation on thomason copy: "may th". reproduction of the original in the british library. eng great britain -- politics and government -- - -- early works to . a r (thomason e _ ). civilwar no plain dealing: or, the countreymans doleful complaint and faithful watchword, to the statesmen of the times, whether in the parliament or ar harrison, edward, of keensworth in hertfordshire. c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - john pas sampled and proofread - john pas text and markup reviewed and edited - pfs batch review (qc) and xml conversion plain dealing : or , the countreymans doleful complaint and faithful watchword , to the statesmen of the times , whether in the parliament or army . wherein is set down , the rise , nature , and species of right government , with the corruption thereof in former , and this our generation , to this present time . by edward harrison of keensworth in hertfordshire , sometimes preacher to col : harrison's regiment . micah . . he hath shewed , o man , what is good : and what doth the lord require of thee , but to do justly , and to love mercy , and to walk humbly with thy god . london , printed for j. harris , and are to be sold at addle-hill , . the preface to the reader . reader , i shall not much court thee for thy candid constructions , or favorable interpretation of the ensuing lines , there being nothing declared therein , but what all rational and unbyassed men will readily subscribe to ; and for others , i never intended to please , but reclaim them hereby ( if it be the will of god . ) i have been a very serious observer of the parliaments and armies pretences and actings of late ; and ( notwithstanding many clear demonstrations of their crooked proceedings ) yet have ever declined either speaking , writing , or acting any thing that might evidence the least jealousie of their integrity and true zeal to the freedom of the people , and liberty of the nation ; suffering my judgement to be guided and overpowered by my strong affection towards them so long , till i have been by many honest men thought to have either lost my understanding , or departed from my principles : wherefore i was at last enforced in my spirit to bear this my witness against some present actings , beseeching the lord to make it as profitable to others , as it is satisfactory to my self : however , my record is on high , and ( however men rescent it ) the answer of a good conscience towards god and man , will be unto me a continual feast . edvvard harrison . plain dealing . the great god of heaven and earth , created all things for the use and service of man , whom he made after his own image , as the master piece of the whole workmanship of his hands ; and being careful of all things , comprehending in himself the beginning , midst and end of all , according to his good pleasure , out of respect to the common good and preservation of humane society , hath from time to time distributed to sundry persons distinct and different gifts , that in the exercising of divers estates , charges , administrations , offices and occupations , they might by consent , through mutual succor and interchangeable help , preserve and maintain themselves and one another : in which assertion is clearly discovered , the several causes of all right government . . the efficient cause is , god the creator , out of his care to mans weal and tranquillity , communicating his common gifts severally for the benefit of all , both governors and governed . . the material cause is , the increase and multiplying of mankinde , the original of all societies , as , families , towns , cities and kingdoms , or commonwealths . . the formal cause is , the mutual consent of both parties , the one to govern , the other to be governed , according to such laws , articles and covenants as are agreed upon between them . . the final cause is , the mutual succor , help , commodity , freedom , peace , security and preservation one of another . from all which , these profitable propositions may be deducted , first , that magistracy and government is of divine institution , and an ordinance of god , and the calling of a magistrate a lawful and honorable calling . secondly , that men cannot live together , without a government of one kinde or other . thirdly , all right government is by consent of parties . fourthly , that both parties are equally bound to conform and stand to the laws and articles agreed upon , as well the governor as the governed . fifthly , where common commodity , peace and freedom is swallowed up by particular interests , there is nothing but tyranny , slavery and confusion to be expected . which truths , when they shall be cordially assented to , and conscienciously practiced by magistrates and people ( then , and not till then ) shall that prophesie be fulfilled , laid down in isa. . . they shall break their swords into plow-shares , and their spears into pruning-hooks ; nation shall not lift up sword against nation , neither shall they learn war any more . but can the ethiopian change his skin , or the leopard his spots ? then may the generality of magistrates ( who are accustomed per fas & nefas , to uphold and advance the interest of their will and power ) and the major part of the people ( who account it their glory to be vassals and slaves to great titles and gay clothes ) own righteousness as the onely pillar of lawful authority , and prize that liberty , wherewith god by nature hath made them free . now that i may not be thought to proceed upon false grounds , i shall revive the aforementioned propositions , and briefly examine their consistency with the ordinance of god and right reason . to the first and second , wherein the divine right and necessity of government are asserted , all men of all parties are ready to subscribe . unto the last , wherein the end of government is declared , most men agree . the third and fourth , viz. ( that right government is by the consent of parties , and that both parties are equally bound to stand to the agreement ) are ( by the luciferian pride and covetousness of great men in authority , and slavish pusillanimity of the people under them ) become disputable . nay , the contrary ( till of late ) accounted fundamental truths , without believing whereof , the clergy of those ages would allow no man to be saved , viz. that absolute monarchy was of divine right : ( what then meant by absolute monarchy , appears by the other king-clawing doctrines of those trenchard chaplains , ) viz. that the king was accomptable to none on earth . that he had right to all his people enjoyed , and that they held it but as meer grace from him ; that what ever he did , or caused to be done to them , they ought in no case to resist him . with much more such goodly stuff , which they put in to fill up their court sermons , which i pass by , as being unwilling to rake further in this augean stable . all which recited state heresies , so desperately destructive to humane society , i shall very briefly confute , and then pass to the confirmation of the truths proposed . the iniquity of those court maxims is thus discovered : there are two essentials in magistracy . first , power and authority to protect the good , and to correct and punish evil doers : and this is immediately from god , and gods ordinance in all society of men what-ever . secondly , the designation of persons to administer , and the rules and laws by which that administration is to be guided ; and this is left to men , god not using now immediately to impose particular governors or magistrates upon societies of men ; or limit them to his judicial laws , as was his dealing with the jews , whose government josephus and other authors acknowledge to be a theocratia , or a government immediately from god : they had their magistrates , judges , and kings , by gods immediate appointment ; they could neither enact laws , appoint governors , nor make war or peace , but by express and immediate command from god : paul calls magistracy an ordinance of god ; peter stiles it an ordinance of man ; which seeming discrepancy is thus reconciled : all power and authority to do justice and judgement , is the ordinance of god , and is not left to the will and pleasure of men , to alter , vitiate , or contemn , without the incurring the displeasure of god for the same : but the choosing or appointing officers , and the making of laws , is left to men , and is the ordinance of man , and can onely be called the ordinance of god , in that ( when men proceed righteously therein ) it is owned and approved of by him . if this distinction be not admitted , but that every superior power in both sences is of divine institution , and so properly the ordinance of god , these absurdities will follow , viz. that paul and peter were not guided by the same spirit , they writing things irreconcileable : that the supreme authority exercised by the pope , is the ordinance of god ; read dr. willets exposition upon rom. . . who there concludes , that monarchical , aristocratical and democratical governments , are all of them the ordinance of god ; and that the state may for their preservation resist a tyrant , and quotes pareus pleading for the same , which without the aforesaid distinction , were false to affirm . in the parliaments declarations , and other rational discourses , you may finde enough to discover the foppery of the forenamed tenets ; i shall therefore go on to confirm the truth held forth in my third and fourth propositions , viz. that all right government is from consent of parties ; and that both parties are bound to the laws and articles agreed upon between them ; the first whereof is proved by the authority of demosthenes , aristotle and cicero , who unanimously affirm , that true soveraignty was instated upon the good will and liking of the people , who chose out of themselves , and submitted to such as excelled most in vertue in those times . by the formal and ceremonial election and oath made and taken at the late kings of england admission to their government , and by the many declarations of this parliament , especially the last against monarchy , wherein it is acknowledged , that they were elected , trusted and authorized by the people for the common good , page . and by the pressing for an agreement of the people as a foundation of future government , in the remonstrance of the army , page . where it is propounded , that none may be capable of being admitted to the crown , or any office or place of publique trust , without express accord and subscription to the same . the second , by that saying of seneca , that the magistrate , together with the people , have one god to serve , one law to keep , and one death to fear : by the reason alledged in the remonstrance of the army , for the bringing of charls stuart to justice . by the parliaments last declaration , page . and by the practice of the roman state , of swetheland and scotland , who have brought their supreme magistrates to account for breach of laws . the ordinance for a city or nation , and order among magistrates , especially among them that had the soveraign rule over all , was called by the ancients , commonwealth , or weal publique ; and those commonwealths that tended to common benefit , were said to be right ; those that respected the profit of superiors onely , were accounted corrupt . i read of three kindes of right government , and three of corrupt . . the first of right is monarchy : when the soveraignty is in one alone , who seeketh publique profit onely , and preferreth common benefit before his own private will and particular commodity ; and when he endeavoreth to advance his own interest , and to govern by his absolute will , then he becomes a tyrant , and the government tyranny , which is the first kinde of corrupt government . . the second of right is aristocracy , the power of the best men , viz. when a few approved and tryed men for righteousness , have the soveraignty joyntly together , and make laws for the rest of the people , directing their thoughts at no other marks then publique peace , freedom , vtillity and profit , as among the lacedemonians of old : but when these reject the poorer sort , aym at nothing but their own advantage , without any care of publique commodity , take part with their equals in riches and greatness , to the oppression of their inferiors , then the government degenerates into oligarchy ; the second sort of corrupt government . . the third of right is democracy , the power of the people , when mean and indifferent men are by them chosen ; neither of the richest , to avoid tyranny , nor of the poorest , to avoid confusion . of which aristotle saith , that those societies which consist of mean persons in power , is very good , and those cities and commonwealths are well governed , wherein there are many of the middle sort , who have more power then both the other parties , or at least then any one of them ; for where , saith he , many are very great , or many very mean , there followeth either an extream oligarchy or anarchy , a confused multitudinous hodge podge ; which is the third sort of corrupt government . thus having spoken of several sorts of right and corrupt governments , and given you the description of them , that you may know them one from another when you meet them : i shall proceed to particularize how and by whom right government came to be corrupted in former , and in this our generation . the first breach upon right government that i read of , was made by nimrod , chams nephew , of whom we read , gen. . . whom historians report was the first that brought men into subjection by force and violence , establishing his principality in the kingdom of assyria ; which tyranny of his was successively exercised upon the people , and submitted unto for a long time in the days of succeeding tyrants , during the continuance of the assyrian , mede , persian , grecian and roman monarchies , till the people of rome coming to the knowledge of their own power and liberty , threw the tyrant kings out of their saddles ; then succeeded the government by consuls , decem viri , and tribunes , all which lasted years , till at last cesar taking advantage by their manifold divisions , first got the office of perpetual dictator , and afterwards the title and power of an absolute emperor , et nunquam postea nisi deprincipitatu quaesitum , saith tacitus , that is , then came no other question to be debated , but who should be the soveraign prince of the state ; which was the condition of the generallity of the world , especially since the civil and ecclesiastical states were by antichrist jumbled together , for then kings and priests conspired together to inslave both souls and bodies of the people ; which mystery of iniquity hath been fully discovered in these times of light , wherein god hath begun to stain the pride of glory , especially in england . how far and wherein tyranny and slavery was brought in upon the english nation by the king and his clergy , under the specious pretences of legal prerogative in civil , and decent vniformity in spiritual , is so fresh in all mens memories , that it were needless to trouble the reader with the story of it , whereto though the generallity of the people , issachar like , were willing to subject themselves , yet the iniquity and unrighteousness of our tyrants being full , the lord hearing and granting the prayers and tears of his people ( as sometimes the israelites ) stirred up some heroick spirits to withstand the usurpation of those in power , and to give a check to their furious proceedings , which opposition meeting with a resolved and hard-hearted pharaoh , was the cause of englands misery and desolation , as to its outward glory , riches and plenty , ( though through the lords goodness ) his people have had their sufferings abundantly made up by the accession of light , liberty , and spiritual acquaintance with themselves , wars , confusions , and shaking earthly foundations , being the forerunners of gods design of doing his work , his strange work , even destroying his enemies , and delivering his people in england ; which design of his , that the mercy when enjoyed might be the more prized , his name the more advanced , his people the better prepared for it , and that the less of man might appear in it , he was pleased to carry on ( as to humane apprehensions ) foully , abscurely , by contrary instruments , principles , means and ways , through many obstructions , intermissions , hopes and fears , as by sad experience we have found , the wisdom and special providence of our god , being very admirable in his constant counterworkings of our statsemen in their linsey-woolsey reformations , as may be thus briefly demonstrated . when this parliament was by necessity in the tyrants part summoned and called , the members thereof came with resolution to free themselves and the people of those notorious burthens wherewith they had been formerly sorely crushed ; viz. ship-money , high commission court , star-chamber , to bring those whom they counted evil counsellors to justice , to abolish episcopacy , to revive the constant succession of parliaments ; and in order thereto , to obtain the militia into their own hands , which in those times of the dawning of the day , was all the liberty they pretended to aym at : which particulars all gained ( the king continuing his negative voice , power of adding whom and as many as he would to the house of lords , and of bestowing places of honor and profit upon whom he pleased , and thereby an opportunity of gaining the major part of both houses to his party : and lastly , setting up a proud formal and bloody presbytery in the room of episcopacy ) had not amounted to the least dram of true liberty ; yet even some of those things were vigorously opposed , which caused a bloody war , and after that , all the forenamed particulars were by conquest given in to the parliaments possession . wise men quickly saw how little all the glorious liberty so vigorously contended for availed them , the parliament making their little fingers heavier then the kings loyns , introducing more oppressions upon the consciences , estates , and liberties of the people , then they had formerly taken away ; the houses contending against the kings unlimited prerogative , exercise as destructive a power themselves ; that of the lords being as bad as the star-chamber or councel table , and that of the commons in conjunction with their synod , not much better then the high commission court , persecuting the faithful of the land under the notion of sectaries , as formerly they had been in the other court under the name of puritans : and in order to the compleating of their intended reformation ( not according to the word of god , but in compliance with the scotish tradition ) right or wrong a covenant was imposed for the finding out and crushing of all such conscientious and discerning men out of the army of the earl of essex , and all other publique employments , as could not dance after the scotish pipes . these designs the lord ordered for good : thus , first , he provided an asylum , a place of refuge for the conscientious dissenters in the army under manchester and cromwel . secondly , he suffered the remainder , the dross and scum of essex's army to moulder away , and notwithstanding many great and chargeable recruits , to lose ground , not performing any memorable service , & at last gave them up as a prey to the enemy in cornwal . thirdly , he honored the despised dissenters , made them victorious in the north , and gave them favor in the sight of the people . lastly , he caused the wheel to turn upon his peoples enemies , by the new model , wherein the formal prophane and loose covenanters were left out , and the religious and faithful worthies put into their rooms whom he quickly made instrumental in subduing the royalists , to the great terror of their enemies , open and secret , at oxford and sion colledge . the next plot was , the disbanding of that schismatical army , the only block in their way to the setting up their presbytery with fire and sword , under the pretence of the relief of ireland , which occasioned the disbanding of eleven of the chief contrivers out of the house of commons , and the imprisoning the major and divers aldermen of the city . this design thus failing , they court the riff-raff in the city and countrey to petition the house in behalf of the king and presbytery ( a goodly pair ) and against the army , and invited all the cavaliers in scotland to set up church government in england according to the covenant , whence proceeded our last dangerous and bloody war : but through the lords wonderful goodness to his people , who worketh all things for good to them , their designs produced no other effects , save onely the kings and the lords righteous execution , the extirpation of the house of lords , the purgation of the house of commons , and a glorious opportunity for freeing of this nation from all its oppressors and oppressions , by the laying of a foundation of liberty , peace and satisfaction to all serious men of all parties . how happy were england , were mens designs of inflaving it here at an end ? how gladly should i here break off , and praise the lord for his goodness to england ? but alas ! the countrey-mans heart is as full of grief , and his eyes as full of tears , as ever ; he cryes out he is deceived , his expectation frustrated , and his liberty betrayed ; he takes up davids complaint , it is not an open enemy that enslaves him , not damme cavaliers , not rigid envious and surly presbyters , but religious and godly friends , that have prayed , declared , remonstrated and fought together for freedom with them ; that with their swords have cut in sunder the chains of other tyrants , and yet now are become the greatest tyrants over their brethren themselves , which when he can refrain from sighing and sobbing , he in his broken and rustick language thus expatiates : all the forms of government being corrupted and abused , the laws and administration perverted , and the peoples liberties betrayed ; it was promised that a new foundation should be layed by an agreement of the people , to such righteous principles of justice and common right , that ( as to humane reason ) it should be impossible for any tyrants in this or future generations to introduce bondage upon the people , that justice upon all offendors should be impartially executed . that all publique officers should be called to an account . that the publique debts of the nation should be paid . that this parliament should have a period set for its dissolution , and a succession of future equal representatives ascertained . and that the petition from many about london , dated september th . should be considered , and the grievances and pressures therein complained of removed : witness the demand of the army in the large remonstrance , from page . to page . who in the prosecution thereof purging the house , seizing upon the city , and thereby gaining into their hands the whole power of the kingdom , who would expect , but that which was by them demanded ( and because not granted , so ill rescented and severely punished by imprisonment , as to some , and expulsion of the house as to others ) would have been by themselves ( now inabled to effect them ) speedily given to the people as their due and right : and he therefore much rejoyced in the extraordinary action of sifting the house of commons , wholy taking away the house of lords , erecting an high court of justice , trying and executing the king and lords ( as the pulling down an old house ready to fall upon and ruine the nation , and the burning of rotten post● onely fit for the fire ) in order to the setting up a new frame , consisting of sound and well seasoned timber , under which the english nation might finde shelter from future storms and tempests ; but his hope makes him ashamed , his joy is turned into sorrow , and his mirth into mourning ; and that upon these grounds . first , the agreement of the people is waved , in order to which the other actings were onely justifiable either before god or man , the old government in force according to law , was by king , lords and commons , and there was yet never any reason alledged to vindicate the maner of the altering , and the high proceeding in order thereto ; but that all power was originally in the people , and that all former must give place to the end of forms , the common good of the people ; and therefore till there be a foundation layed by an agreement of the people , it is no state blasphemy to affirm that there can be no true form of government in the nation . as for the present house of commons , he would be glad to have cause to bless god for it , as being instrumental in keeping ill minded men in awe by their title , until a more full and formal power , in a just and equal representative to be speedily indeavored , can be introduced . secondly , no justice is executed upon any members of parliament that betrayed their trust , which hath been and is by the cavaliers thus interpreted , that the parliament and army executed the king and lords , not out of zeal to justice , but for sinister ends , else , say they , why should not waller , clotworthy , brown , and the rest , accused of so great crimes , be all this while brought to their tryal . thirdly , no account is taken of the treasury of the kingdom , how it hath been disbursed , which makes many of the enemies report , that mulus mulum scabit , that the parliament , army , and countrey committees , connive at each other , while they share the riches of the nation among them . fourthly , though king , queen , princes revenue , delinquents estates , dean and chapters lands , are wholly at their disposing , yet there is no burthen removed , neither excize nor tythes ( a burthen so contrary to any profession , the gospel , and the very covenant it self , repugnant to the gospel . read the story of walter brute in foxes martirology , pag. , . and you will finde it clearly proved , that tythes are not in any sence due by any law of god in the times of the gospel : read also that learned exhortation of the bohemians to the king and princes , pag. . and the examination of william thorp , pag. , . where it is quoted out of cisterciensis , that pope gregory the tenth , in the year of our lord . first ordained tythes to be given to his priests . augustine in his iuchyridion , chap. and chrisostome upon the of luke , affirms , tythes to be pure alms ; and it is recorded , that they were not paid in the primitives times at all ; and that the priests wresting scriptures to their profit at the first , obtained them as beggars do alms , pag . by all which it appears , that tythes , or any inforced maintenance , are contrary to the minde of christ in the gospel , and to the very letter of the covenant , wherein all covenanters ingaged to take away all popery and popish innovations , root and branch : and over and above the aforesaid burthens , the tax for the army swells from l to l a moneth . fifthly , there is a new councel of state erected , which much amuseth poor ignorant souls in the countrey , who fear , that instead of succession of equal representatives , they shall be popt off with a perpetual parliament , or everlasting councel of state , and omnipotent councel of war , that can make it justifiable to break all forms themselves one day , and yet vote it mutinous in others , to act any thing that displeaseth them , though neither against any true form or order , as lately they have done : i love and honor many of their persons , and should rejoyce if the lord by me would reclaim them from the evil of their present way . i shall lay down some considerations , which may be useful for them , and trust god with the success . first , that honesty is the best policy : the deep plots and witty contrivances of men in power , when inconsistent with the will of god , requiting them to do judgement and justice , and to take off the ●●kes from the oppressed , have always been abortive , for god will not be mocked ; and experience tells us , that self-seekers , though otherwise godly and gallant men , yet are and shall be saved as by fire ; witness many worthy members of parliament , who endeavoring by a treaty to secure themselves , are by the lord with disgrace laid aside ; he thereby , no doubt , intending much good to their souls , foelix quem faciunt aliena pericula cantum , he is a happy man that takes warning by other mens harms . secondly , carnal mixtures with corrupt interests , are destructive to them that make them . mixtures are carnal , when made upon fleshly and sinful considerations ; and interests are corrupt , when incroaching upon christs kingdom in spiritual administrations ; or when found repugnant to righteous government in civil . hence it follows : first , that under pretence of taking in the generality of the people into their party , or pleasing these or these great and potent men , or ( which is the best ) the bearing with the weakness of godly men , for any to incroach upon the kingly office of christ , & take upon them to judge of blasphemies and heresies , & to restrain men from acting in things of supernatural cognizance ; yea , to inforce a maintenance for a ministry ( out of which should they pick out all the drunkards , swearers , cavaliers , noted time-servers , and idle drones , they would scarce have enough left to make up a synod ) when as christ himself is ingaged to take care of those , whom he employs in the work of the ministry , and hath no where required the magistrate to do it , ( it being out of his sphere , as a magistrate ) is a carnal mixture with corrupt interest , and will destroy those that joyn in it ; for christ will not endure that any should be so saucy , as to intermeddle with that which is his own proper work , it implying , that they judge him either weak or unfaithful , and so not able , or not faithful , in doing his duty , which hath been the bane of many , otherwise useful men in this kingdom , as hollis , stapleton , brown , massey , pryn , &c. and will be yours to , if in time you lay it not to heart ; and what comfort will it be , if when god shall lay you aside for these things , your consciences shall tell you , that you suffer for doing , or attempting that which he never required at your hands ? as for satisfying weak consciences , do you think that any evil is to be done , or good left undone , simply upon that accompt ; if you do , why then did you not forbear trying and executing the king , taking away the house of lords , and purging the house of commons , which i am sure that party whom in these things you seek to please , were and are very much dissatisfied : besides , religion and reason will teach you , that you ought to prefer the satisfaction of those that joyned with you , and have hazarded all for you in things agreeable to the will of god , before the complying with your opponents , and professed adversaries ( though otherwise godly ) in things contrary to the will of god . secondy , that under pretence of bearing with the people that the nation is not fit for it , that many kinsmen , friends , and honest men are guilty , and will be undone , to continue and encourage a multitude of unnecessary lawyers , to forbear the calling publique officers to account , and to increase the peoples burthens , is a carnal mixture with corrupt interests ; therefore take heed betime , the lord is righteous . thirdly , the greater measure of light god hath given you , the greater is your sin , and the heavier will be your punishment in the day of accompt , if your actions be not proportionable to it : glorious things have been delivered by you in your declaration and remonstrance ; let not the world have just cause to say , that they were put in to draw people to your party in your straights , but when you are arrived at your haven of power , you alter your principle with your condition . fourthly , when gods people cry and complain to him of oppression , he will regard them and revenge their wrongs : many poor souls bewail their conditions to god thus , o lord we have been long vexed and oppressed by such a party , and such a party , from whom we expected no better usage ; but now we suffer under those that are our brethren , that have formerly suffered with us : we could pluck out our eyes to do these men good ; we have always loved them , prayed for them , joyned with them in their greatest dangers , owned them with the hazard of our lives , when they have been the by word of the people , and we for their sakes , and yet they deliver us not now it is in their power ; they seek to please their enemies , and go on with the multitude to do evil : but us they regard not : o lord , hear and regard ; lord help , for the faithful fail from among the children of men . and do you think that god will not answer them ? and say to you , as he did once to the israelites , you have i known above all the people of the earth , therefore i will punish you for your iniquity : i have honored you above such and such , i have exalted you , carried you as upon eagles wings , and is this the requital ? is this the return you make to me of all your kindenesses ? certainly , the lord will in rich mercy heal your backslidings , and make you glorious 〈◊〉 of repentance , or else he will harden you , and make you fearful examples of justice and wrath , as apostates and hypocrites , i mean , as to your outward estates . fifthly , consider the desperate presidents you have made , if your present power ( through the lords withdrawing from you ) should be crushed ; there being no foundation by the peoples agreement setled , if ever any more parliaments should be , there is a president to take out as many , and whom the prevailing party pleaseth , to establish an extraordinary court to try , and take away any mans life , his judges being picked by those that accuse him ; to place and displace sheriffs , justices of the peace , or any other publique officers ; to lay what taxes they please upon the people ; and to imprison the authors , and suppress the writings which any way displease them . these things laid together , are sad presages of farther trouble to this poor nation . the lord knoweth , i could willingly sacrifice my life for the peace and liberty of the nation , and the honor of the parliament and army , but in these things i am at a loss ; yet this i know , the counsel of the lord shall stand , and he will do all his pleasures and herein my soul , as in a sanctuary , findes rest , that all things shall work together for good to them that love god . postscript . i intended these lines should have only visited a friend or two , but providence hath ordered them a farther journey , and more publique view ; they complain sadly , but had they been now to write , the paper would have blushed to have contained such relations as might have been inserted : omissions of good , are seconded by commissions of evil , yea , the shedding of innocent blood , slighting and rejecting honest petitions , which i tremble to consider of , in reference to the lamentable consequences thereof to this poor nation , if the lord prevent not . the onely visible and rational expedient is , for all honest men , in a meek and peaceable way , to joyn in an agreement to some righteous foundations , and principles of government ( thereby at least to acquit themselves before god and the world , of designing , abetting or partaking with the tyranny introduced , and endeavored to be fastned upon the people of this nation , a most complete and exquisite model whereof , is newly set forth by the four worthy asserters of englands liberties , now prisoners in the tower . may the first , . edward harrison . maii , . imprimatur gilbert mabbot . notes, typically marginal, from the original text notes for div a e- the rise and causes of right government . the several kindes of government . how and by 〈◊〉 ●ight government hath been corrupted . g●v●rnment 〈◊〉 wherein 〈◊〉 in 〈…〉 . gods design of removing corruption in government , how obstructed by half reformations , during our late troubles . the lords blasting the corrupt designs of our state petitions . englands sad complaints by reason of the present corruptions in government . read the declaration of army , of november . . page . the several corruptions in present government . vi● declaration of the army p. , . considerations presented to the councel of the amry . c●●●●d●tion . inferences from the second consideration . the synod consists of one hundred or thereabouts . a proclamation of the parliament of the commonwealth of england declaring charls stuart and his abettors, agents and complices, to be traytors, rebels and publique enemies. england and wales. parliament. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) a proclamation of the parliament of the commonwealth of england declaring charls stuart and his abettors, agents and complices, to be traytors, rebels and publique enemies. england and wales. parliament. sheet ([ ] p.) printed by john field, printer to the parliament of england, london : . order to print dated: monday, th august, . signed: hen: scobell, cleric. parliamenti. with engraving of parliamentary seal at head of text. reproduction of the original in the british library. eng charles -- ii, -- king of england, - . great britain -- history -- commonwealth and protectorate, - -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no a proclamation of the parliament of the commonwealth of england, declaring charls stuart and his abettors, agents and complices, to be trayt england and wales. parliament. a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion blazon or coat of arms incorporating the commonwealth flag ( - ) a proclamation of the parliament of the commonwealth of england , declaring charls stvart and his abettors , agents and complices , to be traytors , rebels and publique enemies . whereas divers of the scotish nation , and some english fugitives , being lately come out of scotland into england with their leader charls stuart , son to the late tyrant , do here leby war against the commonwealth , and commit many outrages , spoils and murthers upon the people of this nation ; and the said charls stuart hath caused himself by the said men of scotland and english fugitives to be proclaimed king of england , and by declarations proscribing some who have performed great and excellent service to the publique , and offering his indulgences to others , would draw adherents to him in his wicked and trayterous practises , particularly by letters in his name directed to the city of london , and spread abroad by some of his clandestine agents , he labors to court them to his party , by boasting his own condition , and by endeavoring to annihilate the honor and esteem of the parliament and their forces , who through gods mercy have been so often instrumental to chastise him and his confederates , and will , through gods blessing we trust , still prove a burthensom stone unto them ; hoping it seems in the mean time , that that famous city ( whose faithfulness and eminent services in behalf of religion , laws and liberties are ever to be acknowledged ) and that others of this land and nation , into whom by his cunning and flatteries he would thus insinuate , can forget the horrid and bloody war raised by the late tyranthis father , and the devastations attending it , and by his delusions and impostures be perswaded to betray themselves and their liberties again into vassalage and bondage , which through the goodness of god , and at so great an expence of blood and treasure have been vindicated from the pride and tyranny of that man and his fathers house : which laborious fraud and falshood of him the said charls stuart hath hitherto notwithstanding , through the favor of god to his people , proved of small or no effect but to aggravate his own guilt , he being a traytor of a former date , and to render himself and his complices more and more obnoxious to the penalties of the laws of england , declaring and adjudging high treason , wherein they are so deeply and desperately involved : and whereas by a late act and declaration of parliament , all persons have been warned and commanded not to give any countenance or assistance to the said charls stuart or his party , but to oppose them , and to assist the forces of this commonwealth for the apprehending of them , to which a most chearful and general obedience hath been given by the people according to their duty , wherein the parliament doth humbly acknowledge the goodness of god to this nation , and shall not fail to manifest their good acceptance of the peoples affections herein ; all which the parliament of england having taken into their serious consideration , although they cannot conceive that any true englishman can be debauched from the duty and fidelity which they owe to their native countrey , upon such deluding and false pretences as the enemy hath used , and that therefore it is not necessary to make any further declaration herein ; yet for the more notoriety of the fact to all persons concerned to take knowledge of the same , and to avoid all pretence of ignorance in any touching the condition of this man and his followers , have thought fit to publish and declare , and do hereby publish and declare the said charls stuart to be a rebel , traytor and publique enemy to the commonwealth of england , and all his abettors , agents and complices to be rebels , traytors and publique enemies to the commonwealth of england ; and do hereby command all officers civil and military , in all market-towns and convenient places , to cause this declaration to be proclaimed and published . monday , th august , . ordered by the parliament , that this proclamation be forthwith printed and published . hen : scobell , cleric . parliamenti . london printed by john field printer to the parliament of england . . a letter to the lord general monck in answer to his excellencies letter unto the gentry of devon which also relates to the secluded members, grievances of the citizens of london, sir george booth, and nations in generall. c. e. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing e ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a letter to the lord general monck in answer to his excellencies letter unto the gentry of devon which also relates to the secluded members, grievances of the citizens of london, sir george booth, and nations in generall. c. e. albemarle, george monck, duke of, - . sheet ([ ] p.) s.n., [s.l. : ] signed: c.e. date of publication from wing. eng delamer, george booth, -- baron, - . great britain -- politics and government -- - -- sources. broadsides -- england -- th century. a r (wing e ). civilwar no a letter to the lord general monck in answer to his excellencies letter unto the gentry of devon; which also relates to the secluded members c. e a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - celeste ng sampled and proofread - celeste ng text and markup reviewed and edited - pfs batch review (qc) and xml conversion a letter to the lord general monck in answer to his excellencies letter unto the gentry of devon ; which also relates to the secluded members , grievances of the citizens of london , sir george booth , and nations in generall . may it please your excellency , having perused yours of the . of january from leycester , unto the gentry of devon , i finde an expostulation or reasoning of the case in reference to our present distractions , and extream grievances of the people , then and every where remonstrated unto you , therefore , my lord , since you have wisdome to discover the several interests which you then mention to be interwoven both in church , state , &c. it will also be as considerable to consider that those persons are but few in respect to the whole , and they are onely those who now obstruct our peace , and cause the nations thus to complaine ; so that to make any conclusion with your excellency , that those are rational or satisfactory grounds ( under favour ) cannot be admitted since it opposes the peoples freedom , their ancient rights , and that which is of more concernment , even the scriptures which ( without yea and nay ) are the revealed will of god , for that the government apparently declares it self to be built upon , or by the blood and ruines ( not to name all our consciences tells us ) of our brethren , countrey-men and friends , and is upheld by persons whose interests at this day in temporals denies them any thoughts of christ and his laws , which is restitution and severe repentance , and who certainly , although for a few dayes of momentary joy they are seemingly by successeful errours allowed of , cannot long deface this state , and once glorious church of god , by which further i must tell your lordship , and all must confesse , that those foundations thus built upon are altogether sandy and fallacious , and all those who seek and endeavour to be builders in that babel by the fiercenesse of the wrath of god shall be destroyed even in the imaginations of their own hearts . and now , my lord , i am come to that particular where the people and the secluded members , as i humbly conceive , are denyed a right upon a supposition of necessity , and as to that the answer is easily reduced to this , who or what brought us or them to this necessity , was it not former crimes ? if so then , my lord , all necessities are lawful if not so , and that they dread not punishments or losse of worldly interests for some deviations and crying sins , why do they not acquiesse in this , that the power is in the people , as they for their own ends somtimes did declare ( those members being twice the major part , and thrown out by cromwel and his adherents , these men then countenancing and contriving the same which your lordship knows hath abundantly returned upon them to the great destruction and hazard of these nations , therefore my lord , i would to god i might be the prophet to forewarn you of the violence and oppression which is in their hands , that you might be kept from so sinful compliances , for to defend a few discontents in self interest onely is obstinancy almost beyond parallel : and therefore , my lord , since noble actions do always attend a generous mind . it is my greatest hopes , and not onely mine , but the expections and longings for of these nations ( since the prise is put into your hands , ) that you should now be the happy instrument of their redemption , by such conditions as may secure all persons so concerned , or else what meanes all those addresses made unto your selfe from the city of london , tumults and importunate desires for a free parliament of the nations in general , whose burthens are unsufferable to uphold the envious ambition of some few , and cannot but be grievous as clamourous in your eares . but , my lord , there are yet some considerable observations and remembrances to be laid before you ; was it not their sinne in that place of naboths vineyard that kill'd ? and was it not the aggravation that they also took possession ? is not rebellion as the sinne of witchcraft ? is it not our saviours expresse command , give unto caesar that which is caesars ? and is not this the royal law ? do as you would that others should do unto you ; innumerable are the texts , and readings in history that might be here inserted , which doubtlesse , my lord , you will recollect to your eternal honour , and the everlasting peace and settlement of these afflicted nations , whose perjuries in breaking allegiances , vowes and covenants , both with god and man , and lead thereunto by their various governours , even as if we had been in trouble until we were double damn'd in sinning , and causing others to finne is matter of amazement . in a word , to conclude your excellencies trouble , be pleased to let this maxime remain with you , that government which once becomes a by-word to the people is not durable , this is so , we have tried all formes and models , and this is yet the judgement upon us , that we strive against his providence , and will not be healed : how many who had commands almost equal with your's , have outlived the days they might have been renowned , who by countenancing factions and crying sins afterwards fell into tribulation and great scorn , being tormented by their own confederates : and this , my lord , is the portion and fate of all such who put their trust in man , taking indirect meanes to attaine glorious ends , as they pretended , and this perpetuates our thraldome and miseries , my lord , it is therefore my hearts desire , that you may imploy the talent god hath now put into your hands to these purposes , which will for ever make you famous and precious in the sight of god and good men ; and sure i am , it will abundantly illustrate that joy which you may gain in that immortalitie and glorious life to come , in the intrim you cannot but find the secret overflowings in your own breast , the streames of which the people pray may never be diverted by thousands per annum ; and this , my lord , with the present condition of that noble gentleman , sir george booth and others , who are now under great sufferings for asserting their countreys right , and freedome of parliaments , which is the sense and perfect desires of these nations , is humbly offered unto you as becometh your excellencies most humble and faithful servant , c. e. a moderate and most proper reply to a declaration, printed and published under his maiesties name, december intended against an ordinance of parliament for assessing, but indeed animating and encouraging the malignants, and delinquents, in their violent courses, for the maintenance of themselves, and their malignant army. prynne, william, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing m a). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing m a estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a moderate and most proper reply to a declaration, printed and published under his maiesties name, december intended against an ordinance of parliament for assessing, but indeed animating and encouraging the malignants, and delinquents, in their violent courses, for the maintenance of themselves, and their malignant army. prynne, william, - . [ ] p. [s.n.], london : printed, . attributed to william prynne --cf. nuc pre- imprints. imperfect: print show-through. reproduction of original in the huntington library. eng england and wales. -- parliament. great britain -- history -- civil war, - . great britain -- politics and government -- - . a r (wing m a). civilwar no a moderate, and most proper reply to a declaration, printed, and published, under his maiesties name, december, . intended against an ordin [no entry] b the rate of defects per , words puts this text in the b category of texts with fewer than defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - tcp staff (michigan) sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion a moderate , and most proper reply to a declaration , printed , and pvblished , under his maiesties name , december , . intended against an ordinance of parliament for assessing . but indeed animating and encourageing the malignants , and delinquents , in their violent courses , for the maintenance of themselves , and their malignant army . london , printed , . a moderate and most proper reply to a declaration , the pen that drops this declaration , lately set forth under his majesties name , is a fellow to that tongue which cuts like a sharpe rasor , the rasor is sharpe but it plainly appeares that malignancy is the whetstone , and gives it the edge ; for so it cut , it cares not though it mangles truth and goodnesse ; and so it cut those whom it hates , it cares not though it cut also those whom it professeth to love . for the maine worke of this declaration is to condemne that in war , which the favorits , if not the framers of this declaration have practised in peace , yea to condemne that which in war the parliament hath done for the preservation of the kingdome , being far lesse then that which themselves have done in this war for the ruine and destruction of it . the great outcry of this declaration seemes to be for the property of the subject . but doth not this cry come from the same shop , from whence heretofore issued inforced loanes , knighting money , benevolences , and ship-money ? and from whence more lately issue plunderings , ransomes for not plundering , monthly taxes of an high value and rate , so that this cry seemes to be like that of the high-way man , who having taken money from a passenger , to put away the suspition of it , raised an hue and cry against himselfe , for is it in earnest to be thought , that the destroyers of property , are now suddenly become the patrons of property ? or rather that by this assessement they are likely to be put from their old trade and therefore are offended ? for indeed , this which they call taking away of property , is the meanes of preserving property for ever . besides , they have put upon the parliament a necessity of assessements , and that is their fault , and yet this fault of theirs they cast on the parliament . againe they know that the houses have power to tax the whole kingdome ; and the tax of the commons of england ariseth onely from the house of commons ; against this they object only the want of the kings assent ; which assent being withheld by themselves ; they againe cast their own fault upon the parliament . the * king without the two houses layes taxes and gives warrants for plundering , and this with their advice and assistance , even to destroy the parliament , but the two houses cannot have their leave to lay an assessement without the king for their owne preservation , and the preservation of the kingdome . yet is it well known that there are sundry lawes which exclude the king from laying taxes without consent of parliament : but no law that the parliament , or two houses should not lay taxes , when the king not only deserteth them , but makes war against them . in the kings infancy what assent of the king have the two houses for the laying of taxes ? and it were to be wished that desertion of parliament , and war against the parliament , did not give greater cause and necessity of taxing without that assent , then the former . briefly , the parliament is inforced to a war for it's owne defense . this defense cannot be maintained without money , and this is the anger that there is money gotten to maintaine it . for if justice in the way of raysing it , were their quarrell ; the same justice would make them to quarrell with themselves ; when they rob whole townes , not of the twentieth part , but of twenty parts of twenty . where is this quarrell of justice when they lay monthly takes in oxfordshire , and other taxes in the west ? where was their justice when they robbed in old branford , as well their friends , as their opposers ? had they the kings consent or had they it not ? i thinke they will be asham'd to acknowledge either . howsoever certainly they had not the consent of the two houses of parliament , and so it was without law , and wholy without this justice which they now exact of the parliament . shall we attribute this to an excessive charity , that they love others above themselves , and so would have others more just and honest then themselves ? or rather do they desire that other men may be just that they by injustice may destroy them ? they would not have men just , but naked and undefended that so by armed injustice and violence they might subdue them into an everlasting bondage , and misery . but these men are still troubled with altering the property of hull , and will needs awake not a sleeping but a slaine and dead objection . if they will be ever speaking of it , they must ever heare , that he that takes away a sword from one that would kill him , and takes it onely that hee may not kill him , takes not away the property , but the mischiefe . he doth not meane to profite himselfe by the value of it , but to save himselfe from the cutting of it . and if nothing else will convert the penman of this declaration , this perchance would serve the turne , if he had no other meanes of livelyhood and maintenance , but the revenues and profits which the parliament receiveth from hull . as for the army of the earle of essex raysed to destroy the king ( for so the declaration will have it ) it is such another truth , as if , when the earle of essex his souldiers fought at branford to defend themselves and some of their owne friends and fellowes formerly taken by the malignant army were set in the forefront , it were sayd , that the earle of essex his souldiers did fight against their owne fellowes to destroy them . these be the men that goe about to destroy the king , that by armies of their owne enforcing the parliament to raise an army to defend it selfe , bring the king betweene two armies and so into the danger of that destruction , which themselves both cause and object . they are the men that seeke his destruction , that cause his presence there , where destruction is ; and cause his absence there where his safety is . but certainly the parliament wisheth his absence from the army , wherelies the danger , and his presence in parliament , where is his assured safety . but here followes another wonder that those men who plunder without giving any warning , should finde fault with sir edward bayntons warrant which , as themselves say , gave warning to men , that they might escape plundering . * but if he had plundered them without warning , they had nothing to object against him but their owne fault . a declaration succeeds in prayse of property which being indeed so pretious , gives a strong exhortation to the parliament to rayse so much money as may safely defend it . in the parliament lies the roote of property , and to pull up parliaments , is to pull up property by the rootes . therefore to defend property , the parliament must be defended : and to defend the parliament money must be raysed . so to take part of mens goods to defend the parliament is to defend property , even in the roote of it ; if the branches be cropt to preserve the roote , the branches may againe he supplyed and renewed by the roote , but if the roote be pull'd up , which these men endeavor , the branches perish for ever . and this is their griefe , that this roote of property is preserved . and can they take a care of the branches of property who would pull up property by the roote ? which being pull'd up , not onely the twentieth part ( which is their complaint ) but the other nineteene are utterly lost . but neither doth this ordinance enjoyne the taking of the twentieth part , that number being named , to set a bound to the taxe , which the assessors may not passe . they may take the fourtieth part if they thinke fit ; and it had beene a deed of charity , if these men that finde fault with the taking of the twentieth , had left the twentieth at branford , and the places which they have ransackt and spoyl'd ? and now comes the committee of examinations it selfe to be examined . the questions are , why so called ? and how such power ? surely it should not seeme strange to any that knowes parliaments to call a committee by the name of the worke of it , no more then to call a man that makes shoes , a shoomaker . and except there were a resolution to be angry at all that the parliament does , is it impossible to deny a power in the two houses to imprison ? and , not to dispute the power of the house of commons alone , or a committee of that house which those men unseasonably at this time do question ) the power of imprisoning is from the ordinances of both houses ; and by the same the committee is to name the place and time . so the naming of the time and place , is not by the power of a committee , but of the ordinance of parliament . and it cannot be unknown , that there is in parliament a power not only of liberty and imprisonment , but of life and death . and if it must be called a slavery to be subject to this power , upon this occasion : surely it is first , thus farre a voluntary slavery ; that they may free their persons if they will by a voluntary contribution . secondly , the end of this imprisonment , thus term'd slavery , is to fright them from a perpetuall slavery . but that any members of the house of commons should be excluded from being present at the counsells of the committee of eximinations , is an untruth so notorious and corpulent , that it is to be wondred how the scribe of this declaration , should have an ignorance or malice bigge enough to conceive and bring it forth . especially since so many malignants from which he might have had better intelligence , have past through that committee , who waiting at the doore , while counsells were taking of their causes , might well know and observe , that the members of the house , were not excluded from being present at those counsells . and yet upon this fained accusation , is grounded a tragicall , and dolefull exclamation . as if all parliaments were utterly destroyed , because a committee doth exclude the members of the house of commons , which indeed are not excluded . neither doth it follow as a necessary truth that because men are to be imprisoned by the committee , therefore they shall be separated from their wives and children . for though these are to be removed from london and westminster , the subburbs and counties adjacent , yet the husbands being sent to prisons remote from london and westminster , the suburbs and counties adjacent , they may all very well meete . and certainly it may well be thought that the parliament hath at least as great cause to remove far the malignants and there families , ( the disease of malignancy commonly in this case most affecting the head , and thence flowing into the body of the family . but be it for ever reserved by speciall priviledge , to arch prelaticall tyrany , to banish men into remote ilands , and by parliament commands to teare their friends , wives and children from them . and here againe flowes from this writer , a huge tide of passion . but ( as tides use to turne ) may not this tide thus returne upon him ? is there now any liberty left , but to those that would destroy the parliament , and there with peace , liberty , property , and religion ? is not a violence offered to mens consciences , when they are terrifyed by proclamations of treason , extremities of warre , for keeping their protestation whereby they have vowed to defend the priviledges of parliament , and those that defend them ? and is it any way contrary to the oaths of supremacy , allegiance ; or the protestation , tö defend the parliament against those that would destroy it ? or by force to bring delinquents to parliamentary justice , and to leade captive those , that leade his majesty captive , and strive to separate the head from the body , to the ruine of both ? how many persons of honour , quality , and reputation of the severall counties of england have beene turned out of their offices , places , houses , goods , and lives ? how many are now in prison onely for their faithfulnesse to the parliament and kingdome ? how many substantiall citizens of london have beene seduced to set hands to petitions of dangerous consequence , and to withdraw their hands from assisting the defence of parliament and kingdome ? how many papists , blasphemers , and men of dersperate fortunes , are met in the armies that fight against the parliament , yea : how many papists in these times of warre , are authorized against law by his majesties commission to buy , and take up armes , when as the protestants in divers counties have beene totally disarmed , and their armes taken away , notwithstanding their property in them ? how many godly , pious and painfull divines , are now robbed , and plundered , their bookes and writings spoyl'd and defac'd , and themselves driven to london , as to a city of refuge ? and withall how many of those ministers that preach against the parliament are found to be the same that were heretofore questioned by the parliament , for scandalous , vitious , and abominable lives ? and ( not to put from london over hastily ) is there not a cause to secure dangerous persons in london , and that those of london should be forced to defend london , when as neare as london was to branford , so neare ( in cleare probabilities ) was london to the state of brainford ? for is it to be thought that the cavaliers would have changed their minds in the riding of eight miles ; and that cruelty at branford would have turned into mercy in london ? would they have spared the substantiall citizens at london , who did not spare the very beggers at branford ? would they have asked the rich men at london whether they were for the king , who made no such question to the beggers at branford ? surely it is most likely that as now london may be seene in brainford , so then brainford would have beene seene in london . neither is it unworthy of the name of publike faith , that is given by those that represent the publike body of the kingdome . and whatsoever leave will be given to the word ( publike ) it is enough for the security , if the faith be sound and sufficient for repayment . and ( to speake onely of the house of commons . ) it is certaine that house is trusted with the whole estate of the commons of england . and i hope the commons of england will have enough to pay the debts contracted for the defense of the commons . but in the meane time what faith is given for the taskes and monethly payments imposed on oxfordshire and the westerne parts , under the dominion of sir ralph hopton ? and even this declaration hereafter acknowledgeth that the king has parted from his jewells and plate , ( which it is pitty should have beene turned into the price of the bloud of his subjects ) so that evill councellors have reduced him to that lownesse , that whensoever he returnes to a state , lustre , of majesty and glory , by a right ( that is a parliamentary ) way , it must be by their faithfulnesse and supply , whose faith is now thus slighted and despised . and it is easily believed that our brethren of scotland will not be displeased with the word of publike faith , and i wish it were as fit to be believed , that they have not cause to be displeased with those that by a war raysed against the parliament , endeavour to make the reality of that word , lesse , if not wholly ineffectuall . neither is it for want of speaking but of hearing that these men heare nothing of fundamentall lawes . if hath beene sayd that it is most fundamentall to a state to preserve it selfe , and that the lords and commons in parliament may defend themselves , and their priviledges against delinquents , malignants , and their adherents , that seeke to destroy them : that the commons are entrusted with the estates of the commons ; and the lords , of the lords , and both joyning togethether in disposing them , if the king withhold his assent , which should be given for the preservation of the kingdome , shall the kingdome perish for want of this assent ? much lesse should it be turn'd into an objection against the lords and commons as a fault of theirs , that the king will not assent . but if this be neither spoken nor heard , are these men fit to demand fundamentall lawes for the parliaments disposing of a twentieth part , who can alleage themselves no shadow of any law for exacting two and twenty parts out of twenty ? for such a monster both of arithm●tick and oppression have these men lately engendred : not to speake of breaking the fundamentall lawes in taking his goods , in whom the house of commons is in some sort contracted and represented , what fundamentall law have they for laying a taxe of foure pound a weeke on ninescore pounds yearely rent of the speaker of the house of commons ? what have these men to do to talke of fundamentall lawes , that by a lawlesse , and senslesse oppression , undermine and dig up estates even below their foundations ; and like aegiptian taskemasters will enforce the brick to be made beyond the straw ? and if extraordinary meanes of maintaining an undertaking prove it unlawfull , what an extremity of unlawfulnesse is there in their undertakings , who by these super-extremities of exaction maintaine their undertakings ? as for master pi●s speech which they call excellent , it would make them excellent too , if they would follow it . for it is too manifest , that following the lawes of lust , ambition , and the like vices have brought us to this present confusion . neither is it so strange that in a time of warre against the parliament dangerous persons should be more safely secured from maintaning this warre , nor that members of either house giving cause of suspition by viewing workes of defence or otherwise should be committed with the consent or approbation of either house ; not so strange by much , as that five members of a house , should be drawne forth from the house ( to prison and death as it seemes by the charge ) by force and violence . and for hull , the present good use of new-castle , to admit armes and souldiers for the maintenance of this unnaturall warre , speakes aloud to justify sir john hothams keeping of hull by order of parliament ; neither is tonnage or poundage imposed by parliament ; and is not tonnage and poundage payd to the complainants at new-castle ? but the parliament is the great eye-sore , and therefore when they could not destroy it by pulling away five first ( and how many fives after no man knowes ) nor by an army at branford now it must be overthrowne by paper-bullets and by untruetelling of twenties . but certainly their act of numbring fayles , as well as their vertue of truth , and sincerity . for even in this moneth of december , when the lord major was in the house of commons at prayer ( whereof a part , is a part of common prayer , by which token he may be knowne not to be a brownist , nor a reviler of common prayer ) it is certainly reported there were eight score in the house ; and not many lesse the same weeke when the house consider'd the propositions for peace ; and these men cannot but know that fourty do make a house of commons ; so that their owne number acknowledgeth it to be more , then an house of necessity requires . yet there are also computed about an hundred absent in the army son defence of the parliament ; or in the defence of their owne counties ; in ireland , or for some speciall occasions of their owne . and those that are present , and such others as are thus absent , complayning of no feare it is a worke of supererogatory charity , that these enditers should make , or faine a fearfull complaint for them . true it is , that there are about three score cast out of the house of commons for fighting against the house , or some other great offences , neither needes any one to be afrayd of comming to the house , but those whom their owne guilt makes affray'd of censure and punishment . neither are those that are present awed with an army or tumults , but defended and secured by an army and the goods of the city and suburbs ; and it might passe for a speciall peece of craft if these men could make the parliament so foolishly credulous as to be afrayd of their owne security . it were to be wished , that his majesty , were as free from cause of feare from his army and cavaliers , who are much wrong'd by reports , if they have not put threats upon him , and upon his going from them to his parliament . and next to the parliament , they are angry with the city of london , for being a wall of defence to the parliament . and whereas this paper is so often spotted with the scandall of anabaptists and brownists for their power in the government or actions of that city , if they believe themselves , it were good they did make others to believe them also , by naming some particular anabaptists and brownists that exercise this power , as the parliament hath nam'd the papists which command in the kings army . neither hath the lord major with a faction told the houses that that they will have no accomodation , or peace ; but with the sheriffs and aldermen hath advanc'd and assisted a petition to his majesty for peace . true it is they desire a sound and durable peace , accompanyd with truth , and piety ; neither can they be much blam'd , if they feare pretences of peace that may cover such designes of mischiefe and massacry as lately appeared at branford . but it seemes the notes were taken in short hand which were sent to this writer concerning sir sidney mountague , for if the story had been written in words at length and the whole matter declared , it might have been known , that sir sidney mountague besides refusing the oath ( if it must be so called ) of association , drew forth a declaration , and vouched the authority of it , for calling them traytors that had taken the same . and let these men judge whether it were any part of the vertue of patience that the house which had entred entred that association should indure the word traytor to be cast upon the face of it , or whether it were not a more commeudable vertue of curtesy , to dismisse and separate a person of that opinion from the dangerous and infectious society of traytors . and now follow some mistaken figures of rhetorick which should run on this manner . these are the men that have sent to the states , to treate with them , that they permit not souldiers and armes to come from their provinces , to make and maintain war against the parliament of england . these are the men that have sent into scotland , where murrey is labouring to kindle a fire to consume this nation , to cast water upon that fire ; and withall to intice our brethren of scotland : now the papists are up in armes to seek the peace of this kingdom , and the safety of religion agreeable to the act of pacification . and not only for that act , but for their own security it being an unquestionable truth , that if ireland be the breakfast of the papists , and england their dinner , scotland is likely to be their supper . in a word , these are they that have made a preserving ordinance , to save the parliament , religion , lawes and liberty , which were in danger to be devoured by illegall commissions of array , as illegall sheriffs , armies of papists , and other ill-affected , persons . but the words which follow , that an army was first raysed by the parliament , are so manifestly untrue that it is strange , how they could leave of the lest remnant of conscience to utter-them , and of loyalty to utter them under his majesties name . it is possible they may have heard of a bible , and therein of one david , that like the parliament was accused of rebelling against the king , and these were hunted like a partridge ; but that which i would say to them is according to the speech of that david to abner : yee are worthy to dy because yee have not kept the king neither his life nor honour . the life of the king hath been exposed to danger , by bringing him into the battell ; and his honour , by making his name a cover to notorious falsities . for were not the beginnings of an army raysed in yorke ? * and did not a papist there come forth and say let the sword , try it , before the parliament either made votes , that the king seduced by evill counsell intended a war against the parliament , which votes were also before the beginning of the army of the earle of essex ? and yet if the parliament had raysed forces , that may beare the name of an army to bring delinquents to justice , who can lay any blame upon the parliament , or who can thence gather a reason , why the king may justly rayse an army against the parliament ? yet is the raysing of this army , for defence of the parliament , or of the power and authority of it over delinquents , more then once in the last leafe termed a rebellion . to this , i will fetch an answer , out of bodin . bodin having written much in favour of kings though degenerated into tyrants , and so much that he confesseth he was tax'd for it , yet at last , lights on this story and thereupon gave his sentence . the earle of flanders befieged his subjects in gant , with an army of fourty thousand men . the army within the city was but five thousand . upon this disadvantage , they humbly sued for pardon . the earle answered them , they must come forth with halters about their neckes , and then he would tell them his mind . hereupon , not having any assuraude of mercy , they issued forth , and defeated his great army , with a litle one ; and the earle was forced for his own safty , to hide himselfe under the bed of a poore woman , who sent him forth in a shape far below ( his degree . but hereupon this author inferres ; then did it appeare , that there is nothing morevaliant then a subject brought to despaire , nor any war more just , then that which is necessary . i only adde , if the parliaments war be necessary , and a necessary war is just , certainly a just war , cannot justly be called a rebellion . finis . notes, typically marginal, from the original text notes for div a e- * and the earle of new-castle too . * though it is constantly affirmed that the word plundeting is not in the warrant . see the last declaration . * did not sir francis wortley draw his sword there and cry , for the king , for the king ? bodin de rep. lib. . the voice of king charls the father to charls the son, and the bride say come being an invitation of king charls to come in peaceably and be reconciled to his father's minde and shewing the integrity of his highness oliver cromwel ... / by arise evans. evans, arise, b. . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing e ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the voice of king charls the father to charls the son, and the bride say come being an invitation of king charls to come in peaceably and be reconciled to his father's minde and shewing the integrity of his highness oliver cromwel ... / by arise evans. evans, arise, b. . [ ], p. printed for the author, london : . reproduction of original in the bodleian library. eng cromwell, oliver, - . charles -- ii, -- king of england, - . great britain -- politics and government -- - . a r (wing e ). civilwar no the voice of king charls the father, to charls the son; and, the bride say, come. being, an invitation of king charls to come in peaceably, evans, arise b the rate of defects per , words puts this text in the b category of texts with fewer than defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - robyn anspach sampled and proofread - robyn anspach text and markup reviewed and edited - pfs batch review (qc) and xml conversion the voice of king charls the father , to charls the son ; and , the bride say , come . being , an invitation of king charls to come in peaceably , and be reconciled to his kingdoms , according to his father's minde ; and shewing the integrity of his highness oliver cromwel . also , that the author's prophesie is fulfilled in part , and shall perfectly be verified in . the sabbath straightly to be sanctified & kept . the vindication of infant-baptism , and re-baptizing proved by scriptures and fathers to be a truth . with an exhortation to the royalists . and many other discoveries of truth . noble royalists , this is your way of advancement . by arise evans . heb. . . to day if ye will , hear bis voice , &c. printed at london for the author , . to the most glorious king charls , of great britain : arise evans wisheth , that grace , truth , peace , and glory may come to you from god the father , and our lord jesus christ . most illustrious king , i am not fitted to direct a speech unto so great a majesty , being not vers'd in courtly complements , or acquainted with princely titles . i hope your majesty doth not expect such language from me ; nor yet , that you will despise the simpleness of the stile : but seriously consider , and regard the matter of this mean method . i presume the more to present your majesty with these few lines after sorude a manner , ( yet so well dressed as i am most able to pen them ) because i have heard of your vertuous clemency and humility , towards such as were of so low a rank , as i my self am , even of the poorest of men . therefore i beseech your majesty likewise to bear with my boldness and presumption in speaking the truth to you ; for it will be the glory of your royal patience , not to look upon it contemptibly ; but rather give ear to it , for that it cometh from the pure affections of a true heart towards you . if i know my own heart , jer. . . which speaketh unto you , wishing you eternal happiness , both for your soul and body , and that your glorious splendor may shine in power , and not in words onely , which are like vain shadows without the substance ; as some perhaps would have themselves so exalted ; yea , too many are apt to flatter princes with hollow titles which are as empty shells , or nuts without kernels , yet with such vain-glory , earthly princes , ( whose mindes are ridiculous afore god and godly men ) too too much delight to be applauded . so that it is now , and it was ever so with god and good men , that he which humbleth himself , and slighteth such earthly pomp , ( though an honour truely belonging to him ) is of god and good men counted most worthy of honour , favour , and exaltation . and i hope your majesty doth , and will observe this rule , and not fix your self upon such rotten branches , ( which promise much , yet let you sall ) but upon god the sure rock , and the community of those that love him , and keep his commandments ; so shall you be surely fixed and established . and not to trouble your majesty with too long a prologue , i shall now ( god willing ) speak to the purpose . judges . , , , , , , , . when the angel of the lord appeared unto gideon , he saluted him thus , the lord is with thee , thou mighty man of valour . and when gideon answered , if the lord be with us , why then is all this befallen us , that we are delivered into the hand of our enemies ? and then the lord looked upon him , and said , go in this thy might , and thou shalt save israel from the hands of his enemies , ( mark it ) have not i sent thee ? and when gideon said , wherewith shall i save israel ? my family is poor in manasseth , and i am the least in my father's house ; the lord said , i will be with thee , and thou shalt smite the enemy as one man . moreover , the angel gave him a sign , by touching his present that was upon the rock , with the end of his cane or walking-staff , until the fire came out of the rock , and consumed his present . and something to that purpose was done to your majesty by this last rising at salisbury , as you may see by my book called , the iron rod . and after that , gideon sought to know thr lord by sacrifice and prayer ; and the lord made himself known unto him by signs , and gave him wisdom , and prospered him so , that with three hundred chosen men , he overthrew the numerous host of the midianites . here your majesty may see what it is to seek the lord . and these things are as properly spoken to your majesty now , as they were then to gideon , and they will be as effectually performed to you , if with faith you receive them , ( as saint augustine did , ) as they were then to gideon ; or , as if the same angel had spoken them unto you : yet the case is not the same , for gideon used his sword onely ; but you are to use first your word ; and if that will not , your sword then will prevail . i have , as you shall finde , in this ensuing little book , set down to you ( if happily from your subjects after a propitiatory manner ) something to ingage your soveraign majesty , for your own good , and their desire , and good of all , if your majesty please to comply with it ; which subjects i finde ( if they be real ) are willing to prostrate themselves before you , as soon as you shall hold forth your golden scepter of mercy unto them , as ahasuerus did to esther , esther . , . and i beseech your royal majesty , ( though you may well think me inconsiderable , to intercede between you and your people ) yet hear the voice of your royal father of famous memory , saying , son , ( for so he beginneth ) i have offered acts of indempnity , and oblivion , to so great a latitude , as may include all that can but suspect themselves to be any way obnoxious or liable to the laws , and which might seem to exclude all future jealousies , and give securities . i would have you alwayes propense to the same way : whenever it shall be desired and accepted , let it be granted , not onely as an act of state-policy and necessity , but also of christian charity and choice . all i have now left me , is a power to forgive those that have deprived me of all : and , i thank god , i have a heart to do it ; and joy as much in this grace which god hath given me , as in all my former injoyments ; for this is a greater argument of god's love to me , then any prosperity can be . be confident ( as i am ) that the most of all sides who have done amiss , have done so , not out of malice , but out of mis-information or mis-apprehension of things ; none will be more loyal and faithful to me and you , then those subjects , who , sensible of their errors and our injuries , will feel in their souls most vehement motives to repentance , and earnestly desire to make some reparations for their former defects . as your quality sets you beyond any duel with any subject , so the nobleness of your minde must raise you above the meditating of any revenge , or executing your anger upon the many : the more conscious you shall be to your people , the more prone you will be to expect all love and loyalty from them , and to inflict no punishment upon them for former miscarriages . you will have more inward complacency in pardoning one , then in punishing a thousand . and again , ( saith he ) for those that repent of any defects in their duty toward me , as i freely forgive them in the word of a christian king , so i believe you will finde them truely zealous to repay with interest , that loyalty and love to you , which was due to me , &c. and , dear soveraign , many such exhortations to press you to offer a free pardon to all , and not to seek to be revenged on any , ye have in his book , and last speech to you . now i say , if a subject had been murthered , and that his sonshould forgive all the murtherers , yet the law hath a power in it to put them to death for their actings in murthering his father , notwithstanding his son's remittance ; because his son is not a competent judge in the cause . but in a king ( in whom is the life of the law ) it is not so ; for in any case , and especially his own case , he may forgive what he will , and that must stand for law , because he is a compleat judge , so that his word by the law is made to be above the law , as we see in cases of remittance : for after that many have been cast to die by the law , the king's pardon hath saved them : and whosoever denieth this , denieth the king's prerogative royal. again , i say , there is a distinction between martyring and murthering : for a martyr offereth himself for the defence of the truth of god , as our savicur saith , john . , . he layeth down his life , none properly can be said to take it from him , because he hath power to lay it down , and to take it up again , else he is not a martyr ; but the life of him that is murthered , is violently taken from him , that though he would live upon any terms , he may not live , and he cannot help it . and your royal father understanding this , did not say at his death , ( nor as you have it in his speech to you ) that he was murthered ; but said , that he was martyred . therefore he that saith he was murthered , doth not onely deny him to be a martyr , but doth also denie both his power and pardon , and belyeth him : for he did never pardon any for wilful murther , yet pardoneth all these men , being his own enemies , looking not on them as his murthereres ; but as they wilfully , yet ignorantly , did slay him : and he would have you to pardon them in like manner . your royal father following christ jesus in it , who ( as he was a king , and a pattern to all kings for the future times ) had an eye to his perogative royal , thus , that he gives order to his apostles , concerning them that had put him to death , that if they did repent , his blood should not be required of them : and we see peter proceeds with them accordingly ; for after he had shewed the jews how they had slain the lord jesus , until they were pricked in their hearts , and made to cry out to the apostles , saying , men and brethren , what shall we do ? peter doth not say , tou must die for it ; but saith , repent and be baptized every one of you , in the name of the lord jesus , for the remission of sins ; and ye shall receive the gift of the holy ghost , act. . , . yet by the jews laws such offenders were to die without mercy , levit. . , . and if it had been the will of christ , peter had power enough to put them to death , as we see ananias and sapphira were slain by the word of his mouth , acts . , , , , , , , , , . but herein is christ's pardon or perogative royal seen . most royal soveraign , that text , chron. . . which many urge in this case , is no president for you to follow ▪ first , because joash was murthered , king. . . secondly , because we read not , that king joash gave any such charge to his son , as your royal father gave you , to shew that he forgives all his enemies , and would have you to forgive them freely , if they repent and come to agreement with you . thirdly , we read not of the repentance of them that slew king joash ; therefore it was but just for his son amaziah , to put them to death . and it behoves your majesty , if there be any defects in your father's speech , to rectifie it by the word of christ , and let not any wrest it to a wrong sence , contrary to his minde ; for i am sure he meant to imitate his saviour , notwithstanding he might fail in expressing his minde , through the frailty of flesh and blood , following the customes of former kings , whose conditions did not reach unto him , yet i know none that came neerer to christ in word and deed , then he did . therefore do you follow the best , as he did , and take peter's doings , acts . , . for your president , and so you will honour your father : for if you do not offer mercy to all freely without exceptions , and receivs all that will accept of your pardon , preferring and securing them for the time to come , you wrong your self , and disobey and dishonour your royal father more then any ever yet did , by taking from him that power to forgive all ; which power , ( as he saith ) all his enemies could not take from him : for in the well managing of that power , lieth all your happiness , and of your peoples . god did appoint three several voices to be heard of men , and obeyed upon pain of his displeasure . the first voice was that of moses and joshua to the children of israel ; and because they did not obey it , all that generation fell in the wilderness , heb. . , , , . the second voice was that of john baptist and jesus christ to the jews ; and because they did not obey it , jerusalem was destroyed , and the jews , which lieth desolate to this day , heb. . , , . the third voice is this voice , even the voice of your royal father to your majesty ; and for not obeying it , you and your people have suffered hitherto ; and this voice is signified , heb. . . and therefore i beseech your majesty , obey it now . and as peter took the first spouse of christ ( after his resurrection ) out of those that had put him to death ; so i see no way left for you to obtain your three kingdomes , but by joyning your royal self , to his highness the lord protector and his counsel ; and to prevent all jealousies , make one of his daughters partaker of your royal crown ; for you see the people dare not rise against him for you : this is evident by the last appearance for you , in most places of the heart of england , which if the generality of the people that are well-affected to you , had come in to them that rose , the work had soon been done : and if you bring in a forraign nation , it is like all will rise , yea , many of your friends will rise against you ; for the terror of cromwel and his army , is upon the people here and abroad also , because they see him prevail , and that every work devised against him comes to nought : but if your majesty slight this motion , it is propable in a short time that his highness may obtain these three kingdoms , and have them put upon him for his own inheritance , and then the best prince in europe will think himself happy to have his daughter to wife . for my own part , there is none can do for you more then i have done ; for i have maintained your cause in the highest manner before your reputed greatest enemies ; and have propounded this way of union between your majesty & his highness to them ; and it was well resented by all , insomuch that his highness himself came to speak with me , and used me very favourably ; and i set them a time , that the union should be afore midsummer : i pray god it be not too long afore these writings come to your royal hands . but some of them said , they feared your majesty would not consent to so good a motion for all sides , and the kingdoms happiness . and once as i was propounding these things , the ladies and daughters of his highness being present , i was demanded whether i had any commission from your majesty to do such things . i told them , no ; but said , i had visions , and a commission from god to propound such things , and that i believed your majesty would allow of what i did , and consent to so reasonable an agreement ; which if you do , that high dignity which god by me said should be yours , shall undoubtedly rest upon you : but however , it is necessary for your majesty to offer freely ( from your heart ) to all a general pardon and remission ; and if that be refused , god that knoweth the integrity and secrets of your heart , will raise you friends unexpected , so that you shall prevail : and it must be so , because justice is but the hand-maid of mercy , and she may not go before her mistress ; but if her mistress be affronted , she immediately followeth to avenge her , and then the mistress rejoyceth at it , james . . there is a party that are bloody men , of no religion , who would have you come in by the sword ; not for any good they wish you , but thinking thereby to encrease their sins ; for now they look upon themselves as in bondage : first , because their means is taken from them , so that they cannot commit such sins as they would do , if they had plenty of money . secondly , because they are restrained from their courses of sins by these men now in power , more then they were formerly ; and kept out of power , being looked upon as abominable creatures , which have not the fear of god in them , and they care not much who is on the throne , so that sin and open profaness may be in esteem and favour again , and they to have their means and power again , to be its favourites . against such a sort of men many took up arms , & against such the army now stands : and such bloody irreligious men will never consent to have you pardon all them now in power , and come to such an agreement as abovesaid : for if you do agree , their hope is frustated , so that then sin shall domineer no more in this kingdome . i pray god change their hearts , and let them see that god will never suffer such mindes to prevail here again . i know there is many eyes looking upon your royal fathers last speech to your majesty , expecting dayly when will your general pardon come out to all according to it , which specially is expected by these to whom it chiefly belongs , who also have power to establish you in your fathers throne ; and judicious men may think hard of your deserring to obey the christian command of so good a father , which might prove so much advantageous to his glory , and your own glory and prosperity here , and hereafter in heaven . be not perswaded by any , contrary to your father's last speech unto you ; for you have none so wise , nor none so faithful to you as he was ; and therefore trust not to their wisdom nor their fidelity in this thing : and if you have them about your majesty , that hindreth to send a general pardon , put them away from your presence . it is the wisdom of a master to turn away all his servants if they are grown evil ones , lest they consume his estate ; and take other servants , and to be sure to keep them in better order . the court of england ( as most courts are ) was grown very corrupt , when vice was more in esteem then virtue , and he that wilfully brake god's commandments had in honour , while he that strove to keep them was despised ; so that men took sin for a pleasure , deceit for wisdom , and folly for foelicity ; and as the richest meat or best fruit , is most jubject to putrifaction , and therefore ought to be well seasoned and preserved , else it will turn to noysome worms ; so it is in the king's court by reason of the fatness that attends it ▪ that except there be a straight rule of sobriety , and the love and fear of god be fixed in the courtiers hearts , that they may endeavour to walke in all the commandments of god without reproof , they shall surely become unsavory in the nostrils of god , and he will raise of the vulgar sort of men , them , that shall cast the courtiers out , and trample upon them as upon dirt ; for , who will take water from a corrupt fountain ? the court is the eye of the kingdom , and , if the eye be evil , the whole body will be full of darkness , mat . , . and if the darkness be so great , what can follow it but confusion and destruction ? we are not strangers to these things , for that we have seen these consequences too much verified in our dayes ; and yet there is many among us , stands to vindicate themselves , and will not believe their own eyes , nor acknowledge the just judgements of god upon them for their sins . but i beseech your royal majesty to lay these things to heart , and to acknowledge by confessing it before the lord , that a great many of sins were harbored in the court , under your grand-father , and your father also : and there were four capital causes which broke out into judgements . the first was in the case of essex and overbury , when essex's lady was too much favoured : for though there might be just cause for her to put away essex , yet she should have suffered as an adulteress , when she married carre , mark . . so that we see , that for that injustice and disobedience to the word of christ , essex having this grudge still in his minde , at last is made the chief instrument to destroy your father's court , when no man else could do it . the second grand cause , was that toleration to prosane the sabbath , which so stirred up the wrath of god against the king , that he caused all his people to abhor him for it . the third was , the refusing to take the anabaptist-petition in . into consideration ; for though they were then but small , yet they had such a truth on their side , that they became to be the most violent and prevalent instruments , that stood up in the war against the king . the fourth was a young man that suffered in . for poysoning his master , for so it was proved either by a false witness or a true one , yet the young man constantly denied it to the death , and great application was made to save his life , insomuch that the case came before your royal father , who as i heard examined it , and was so satisfied in the matter , that he would not pardon it : and no small heart-burning fire arose from that , even insomuch that the kingdom is turned upside down by it ; and therefore let men now take heed how they judge such hard cases between blood and blood , lest they slay the innocent . this i believe his majesty then might have done in such a case , that seeing the young man's friends depended so much upon his innocency , that if they would free the king by taking the blood upon themselves laid to his charge , in case the witness was true , and that god should require it , he to grant their request ; for so much liberty to the king ( in such a case ) is intimated , sam. . , . where david clears himself by putting the blood of abner upon joab , and his deferring to avenge it for his time . i do not say , your royal father sinned in this thing ; ( for it was done by witness ) but that it gave occasion against him , judg. . . and against his people , with whom god was angry ; so that as he would not pardon this sin , god would not pardon the other sins . therefore it is not prudence for a king to be violent against any one sin , and yet suffer many sins to go unpunished : for , a king that sitteth in the throne of judgement , scattereth away all evil with his eyes : a king , who can say , i have made my heart clean , i am pure from my sin , prov. . , . it is one thing for a man to sin as he is a man , and it is another thing for the same person to sin as he is a king : david as he was a king , was perfect save onely in the matter of uriah , kings . , , . but as he was a man , he had other sins , psalm . . chron. . , . but i conclude this , i believe your royal father , for his own particular , to be a perfect man ; and had he been so severe to punish sabbath-breakers , whore-mongers , swearers , drunkards , and such-like sinners , as he was to punish murtherers , he had been a perfect king also . yet i hope , what he wanted , will be made up in your royal person , that you may be perfect in every degree ; for such things was too hard a business ( as times then went ) for your royal father in his life-time to do ; because the great ones were too much inclinable to such sins : but god by his providence brought them down , and punished their sins by manifesting his wonderful wisdom , in making that great sin of murther ( so hated by your royal father ) to fight against all the other sins , and to conquer and subdue them , that your royal father by his martyrdom , through jesus christ , might conquer , murther , and so bring all under christ jesus and himself . for a murtherer hath no power over a martyr , ( and a rebellious war is a murtherer ) neither can he be a murtherer to him , for that he is subdued before him , because he stayeth and conquereth the murtherer by his death : as if he should say to him ( for so the scripture holds it forth , hosea . . ) o murtherer , by my death i will be thy death : and the martyr also by his death gets eternal life , john . . his mortality is swallowed up of life , cor. . . besides , murther throughout the scripture is called death , as he saith , cor. . , . the last enemy that shall be destroyed is death . and again , speaking of this time , saith he , then shall be brought to pass the saying that is written , death is swallowed up in victory . and again , heb. . . that through death he might destroy him that had the power of death , that is , the devil ; and the devil was a murtherer from the beginning , john . . again , no murtherer hath eternal life abiding in him , john . . all which places and many more shew , that , death , devil , dragon , and murtherer , is one and the same : and none can destroy this dragon and his followers , but jesus christ with his martyrs , rev. . . by giving him as much blood as he can desire , and as much mercy as he can receive , that he might cease from his wickedness , and be reconciled unto god again , that god may be all in all , and that the mortal enmity that is among men and brethren ( through war and division ) might be swallowed up with love and life eternal . and in appearance as yet to me , there is none more capable under god then your royal self , to make your self and all others in these kingdomes happie ; and there is no way for your majesty to do it , but by obeying your royal father's voice , as abovesaid : and though that be most contrary for flesh and blood to do , yet you must humble your royal self more then that , by sending your free general pardon to all , without any seeking , but my seeking of it ? for according to that which goeth for law with us , it is not safe for any , and specially they in power , to seek to you : but what i say , ( who have alwayes hazarded my life for my conscience sake ) may prove as authentick , as if all had sent to your majesty . and therefore , i beseech your majesty make trial of it , if not to them , yet may it please your majesty to send it ; and though i be unworthy to be your royal messenger , and if you think fit to honour me with such a favor , i make no question through god's assistance , but to give you a good account of it ; notwithstanding the danger of moving such a thing ; so that i believe it is not safe at first for any of your nobles to come upon such a message . and for any grudge to revenge , or rancor in heart against them that put your royal father to death , have no such thoughts , but purely love them ; for i never heard that any of the seed of the martyrs , hated them that had put their fathers to death ; but rather gloried , in that their fathers so gloriously died . and who were the instruments to bring them to that glory , but those that put them to so hard a trial ? and after the grace of repentance is given them , who will honour the martyrs more , then they who have persecuted them unto the death ? witness saint paul who did all this , insomuch that saint peter , at last calls him , our beloved brother paul , pet. . . wherefore ( nowithstanding they have so violently persecuted your royal father to the death ) most glorious soveraign , ( upon their repentance ) receive your subjects in love and mercy , as your father hath commanded you , who went beyond any one martyr , because of his power and dignity ; and therefore his sufferings were greater , and are morefull of glory , which is to you an unspeakable joy full of glory , through jesus christ who did enable him . to the son , jesus christ , be all glory and praise for ever and ever , amen . in long-ally , at the entrance of crown court in black-fryers , march . . your faithful servant in the lord , arise evans . to the reader . beloved , these things had been out in print before the last christmass , but that i had visions to the contrary , which shewed me , that the king's party then had high hopes to prevail another way ; so that these things then would have been rejected : but now i hope they are satisfied , and see no good can come to them that way , and that they will look upon this to be the most probable and the most excellent way for the king to come in ; and , that this for that end comes out seasonably now : and the lord send his presence and blessing with it , to his glory , and our comfort . so be it . to the royalists . reloved , you see in my little book ( called , voice of michael the arch-angel ) what lines i have presented to his highness the lord protector , to shew him how god is for us . and i believe , and so doth his highness give credit ( by all that i can gather from his deportment toward me . ) he believeth also , that what i shewed him came to pass . on last saint michael's ●ay , was the appearance of god for you ; and since the almighty hath appeared for us , insomuch now , that his majesty charles steward upon good terms may come to his throne when he please . and god forbid , but that the queen , duke of york , duke of glocester , and all the late king's children should come in upon the same agreement , and be highly honoured by this nation , if her majesty leave idolatrous superstition , and all other sins attending courts in our days behinde her , which the lord of heaven and earth that beareth rule in this nation cannot a bide . i know nothing that hinders the king at this time , but a seeking of his kingdom , and shewing himself willing to agree with his highness the lord protector and his party . then let us praise god , to whom onely be the glory of our salvation by jesus christ : and truely , as you see by the above said book , i have not spared them , but roughly shewed them the truth ; which albeit his highness received not in wrath ; but as it is a sharp loving reproof , ( to his and their honour be it spoken ) they received it with all readiness , mildness , meekness and clemency , shewing to a discerning eye a willingness in them to perform what is required on their part , provided , that they have an agreement suitable to their worth and valour : of which demands in reason they ought not to be denied by his majesty charles steward . therefore having through god's assistance brought it to this pass , left i should be unfaithful , i shall god willing now speak a word of reproof unto you of the king's party , and chiefly to you who have not hitherto changed your habit of sin and cause of your misery , yet you would have the kingdom come with all haste ; and some of you are so violent , that nothing will satisfie you but blood , and treading down of such parties ; and especially upon such and such men as you fancy to be guilty , you would have no mercy shewed . and in all these things you are mistaken , for they are so willing to do righteously , and to have peace , that they please god thereby . and therefore neither you nor all europe shall not be able to bring them down by force . truly , let me tell you , i think it is in vain for any to fight with these men in the field . i know none that did attempt to fight them , which got any thing by them , but the humbling of their high and lofty spirits . and his majesty the late king was sensible of it ; and knew that he had chosen the wrong people for his souldiers , when he said of them , sect. . pag. . of his book , as followeth , for the army ( which is so far excusable as they act according to souldiers principles and interest , demanding pay and indempnity ) i think it necessary in order to the publick peace , that they should be satisfied as far as is just ; no man being more prone to consider them then my self . and though they fought against me , yet i cannot but so far esteem that valour and galla●try they have sometimes shewed , as to wish i may never want such men to maintain my self , my laws , and my kingdoms in such a peace , as wherein they may enjoy their share and portion as much as any men . and truly the king had great reason to wish such a wish , when he had considered the carriage of both armies ; for as the king's army were generally given to swearing , drunkenness , whoredom , with other such vain sinful lusts , which , to maintain such a course of life , no small means will serve turn ; so that , to maintain such lusts they wronged the countries where they came , ( which countries observing the different dealing of both armies , and that the king's army made them , who afore were really for the king , to abominate such doings ) so that they all did joyne with the parliament's party against the king ; which thing proved both his and his armies ruine , and indeed the ruine of all his party . besides , such men were the worst men for souldiers , as could be imagined ; for when they should be watching and alwayes in readiness , one party was with their whores ; another , drunk ; a third , gaming , a fourth , plundering ; a fifth , swearing and fighting one with another : ( which things are destructive to an army , who should sanctifie themselves , specially at such times , deut. . . ) but when they were got together , though they would fight most gallantly at a single duel , or at an ale-house , yet such men are never good in the field , specially when they come to encounter with a people , ( whom they think do seek the lord , and fear him , and live civilly ) then the fear of god's wrath and of death , commonly makes them run away , or else their ambitious commanders strive for honour till time be past , when indeed they should go on by lot , judg. . , , . and if they chance to do an exploit , they too soon fall a plundering , that seldom , but at the last they come to lose all again . these things the late king understood , and experience did witness it to him . but the parliament-souldiers were men of another temper ; and though of divers opinions , yet they went out of zeal , in rage and fury to fight against those incivilities of the king's army : for truely , had the king's army been temperate , considering what they went about , and adorning their religion , ( specially at such a time ) with a holy life , they had not lost the day , neither had so many as did go out , been so eager to fight against them . and when the king's army above-said were fulfilling their lusts , the parliament's army , some were praying ; others , meditating ; a third , reading the scripture ; the fourth , exercising their armes ; the fifth , consulting and taking care how to provide for the army , that they should not wrong the country : and all watching opportunities , being alwayes in readiness . and there is much more difference , if you consider all in both armies , as they differed in all points ; so that it was impossible for the king to prevail , though i confess the king had as gallant men ( but not many ) as ever england bred , who have done gallantly here sometimes , and specially beyond sea . and the parliament's army knowing , that they fought against such profane sinners ( that made no conscience of their wayes ) had comfort , and they were assisted with courage , that they seldome turned their backs upon the enemies ; because they feared the lord , though it was sometimes irkesome to them , to go against the lord's anointed , specially to them that did truly understand ; but others that went on false principles , fought stoutly , ( as we say ) without fear or wit , being not able to see the event thereof . now the prudence of our late king was such , seeing these gallant spirits , that though he sacrificed his life to satisfie them that fought against him , yet such was his clemency , that he loved them , and wisheth to have them stand for him , counting them excusable for what they did against him , and worthy of mercy , none exempted , but that all according to their degrees and merits , should injoy their share ( in peace and happiness ) as much as any men in his kingdoms : which minde of the late king , is clearly seen in the words above cited . and truely , let me tell you , that the king and all the nobles in england , could not have done so much right to the commonwealth or crown of england as his highness the lord protector did , and after times will further manifest it . and again , i say , if we consider , you shall finde , that he is true to the crown ( whatsoever men say to the contrary : ) for whenas his highness , took upon him the title of protector , if such righteous thoughts had not been then in his heart , he might have as easily then been a king as a protector ; and he did refuse it , to manisest , that he acknowledgeth the king , and that he would be but a protector until the king came to an agreement with his kingdom . for according to the laws of england , a protector is no more then a person that standeth for a king , and ruleth for a time , that is , till the king come to age , or otherwayes , till he be capable of ruling ; which , now our king being at a difference with his subjects ( though he be of age and discretion susficient to rule ) yet the difference and distance between him and his subjects makes him uncapable . and i believe you will finde , if you examine former presidents of this nature , that though the king doth not rule himself in person while there is a protector , yet alwayes the time of his raign is recknoned ; so that the king beginneth his raign from that time , as his protector , which is his deputy , takes the rule upon him : and therefore i hope you that think i have missed , in saying , that king charles should come to raign in . when you see the time of this protector reckoned to king charles ' raign , then you will say , i said right . if there be any antipathy ( as i believe there is ) between david and charles , he must raign in hebron for a time , sam. . , , , , . that is , without the consent of all his people , having nothing from them : for hebron in the british language signifies , that he raigns king though the kingdom be not given to him : for heb in english is not , and ron in english is given ; so that hebron by interpretation is not given : any welch-man can tell you , that hebron in english is not given ; and if not , i will put it into a phrase that is undeniable , ron iddo dyrnas , that is , a kingdom will be given him ; i mau nw etto heb i roi hi , that is , they gave it not yet . therefore i say charls raigns in hebron ; and doubt not , but after the similitude of david , he shall raign in jerusalem , that is , by the consent of all god's people . and to stop their mouths that do asperse me , as a false prophet , concerning . put the case i took charles for oliver ; for he came in in . it is no more thenwhat samuel did in the like case , when he took eliab for david , sam. . , . therefore a true prophet may be subject to such a mistake : yet as above , to clear my self of such a mistake , i hope you will see hereafter , that charles then came to the throne , though in the person of oliver his deputy by my account . but you will object , david and eliab was of the same family . i answer , charles and oliver also be of the same family ; if haraulds reports be true : for oliver by the one side comes of the ancient british kings ; and by the other side comes of the stewarts : and that is the true line of the late king charles , by which he enjoyed the crown of great britain . and though some say , it was a presumption in me to declare so much concerning . yet i do not fear , but god will maintain me in what i said , against all those that asperse me , and will overthrow the aspersion that is cast upon me of them that understand not , by a judicious party which doth both understand and will plead my cause . it is true , i have set down somthing concerning my anointing , from sam. . , , . which by no means can sinke into the brains of some learned men that cavil against it . gentlemen , i directed it not to you , but to his highness the lord protector , who i know delighteth in such things , for that he is able to comprehend them . therefore you might have passed by it with silence , rather then condemn that which you understand not ; for sacred mysteries are not to be understood by your grammer-rules , without faith , neither is that a rule for a prophet to understand the mysteries of god's kingdom , for if faith be wanting , he cannot see nor say nothing to that : and our saviour christ gives thanks to god the father , because it is so ordered ; and tells you plainly , that such things are hid from the wise and prudent , luke . . matth. . . and saint paul tells ye , that our rule of faith that we go by , shall destroy all such learning as opposeth it , cor. . , , . cor. . , , , , , , , , , , . for prophets have a holy unction from him that is holy , and an anointing that is of god alone , job . . , . it is not fit to cast such holy things before fierce unfaithful men of common understanding , which by our saviour christ's account ( though they be learned ) are as dogs or swine , that know not such things , nor the worth of them , matth. . . but i thought better of you before whom i have shewed my pearl , else i had not done it . gentlemen , if you cannot speak well of him that speaks well of you , and seeks your welfare , how will you come to speak well of him that speaks evil of you ? and if you cannot do good for good , how will you come to do good for evil ? rom. . , . i have not spoken evil of your learning , and why should you despise mine ? you know it is said , quench not the spirit . despise not prophecying , thess. . , . and it is said , beware lest any man spoil you through philosophy and vain deceit , col. . . you square the scriptures , & understand them by such rules of learning ; but the prophets have another rule to construe them right , which rule your philosophers never knew . therefore prophets need not come to you for help to unfold the mysteries of the holy scripture , but rather ye ought to magnifie gods wisdom , and deny your own carnal wisdom , when you see a thing opened by a mean man , and made clear , which all your prudent men could not do , cor. . , , . cor. . , , , . i do admire at the haughtiness and loftiness of some peoples spirits , who would not onely seem to be mightily for king charles ; but also are as violent against the protector : i am sure they are none of the kings friends ; he hath too many such proud arrogant ones on his side , ( which are zealous for his honour ) that undid his father , and will never do him good , except they understand themselves better then hitherto they have done . i pray , is it an impossible thing to be , and an unreasonable thing to believe , that king charles , and the protector should agree , and that the way to do it , should be by a match between the king and one of the protector's daughters ? they being vertuous ladies , both beautiful and personable , brought up in as good education and parts as europe can afford , being not inferiour ( if considered in all parts ) to any ladies in christendome , nor less worthy of a princely bed , then the best of them : except ye judge them that are most wanton , and are puffed up with their vain beauty or painting , which have the least of the fear of god in them , to be most worthy of such enjoyments . and truely for descent of blood , i believe , if it were well examined , we should finde , that his highness comes of as good a royal stock , as any prince came of , ( though for a long time it hath been under a cloud , and not so esteemed ) even the very same as king charles is , of the ancient british kings , and not much , if any thing , inferiour to him in that line . and the hope of the britains hath been , ever since they were brought under the saxons , that one should be exalted sttangely out of that stock to do great things : and we have many sayings , and proverbs of instruction , or rather prophesie , to that purpose , which i believe are now verified in his highness : one is thus , husbus i deng is y d●n obbo radd i mau i wriddin : that is in english ; the man in his time will manifest of what root or degree he is descended . but his highness doth not glory in flesh and blood , as the prodigals do of their blood and gentility , though he sheweth it in actions , to pull down such high spirits that are mor fore vice then virtue ; and he doth it with more tonderness , then they would do to him , if they had him under , which sheweth he is of a right princely vein ; for a clown and a coward is cruel , and will have no mercy on his enemies , if once he gets them in his power . but however , suppose his highness were not of so great a blood ; if that charles stewards house should descend as it did hitherto , and oliver cromwel's house ascend as it doth , within a few generations to come , it would not be counted then a bad match , for the best of the stewarts to match with the chief cromwel's daughter . therefore i say , why should you be so contrary to the king's welfare , as i heard some say , that they would rather see the king lose all and perish , then so to undervalue himself , as to be married with cromwel's daughter . truely , i doubt such proud spirits must down : and the king's best way , is not to hear them : for if the late king were now alive , to see these things now as they are brought about , he would counsel his son to marry his highnes's daughter , and so to make peace . and if the late king's words be rightly considered , his wishes to have the army for him saith no less : for what more probable way is it for the king to gain the army to him , then to joyne in affinity with the captain-general thereof ? i think this is the sence of the speech of his majesty's father , as true as if he was now living to declare it : for he was a wise foreseeing man , that saw this army was invincible . and i cannot finde in all the late king's book , where he doth give way for his son , this king , to avenge his blood ; but rather , that he forgive all , and exhorteth him to forgive all that are willing to come to an agreement with him : and truely it is not onely perfect christianity , but it is also his greatest policy to do so . yet many say , that if the king should match with his highness's daughter , he would be in scorn among all the princes in christendom . alass ! he is more in scorn among them now as he is : for what do the princes do , for to restore him ? if they send him a little maintenance for a time , they are soon weary of him ; and account of him but as a poor man that craveth alms. we know how the papists scorn and slight their poor brethren , if they be contrary to them in their religion , and do nothing for them , but rather do what they can against them , even to the taking away of their lives : and it is god's mercy to king charles and that family , that he hath escaped among them all this while with his life , being he is one that they fear , if he be set up , may come to ruine their religion . therefore if once the king's majesty were joyned with his highness the lord protector , what need had the king to care for any prince in the world ? i believe they would all tremble at his presence ; for god hath provided him an army , that if once he were in the head of it , all the world could not parallel nor shew such another ; because his army doth consist of civil , wise , politick men , that have zealously devoted themselves to fight christ's battels , and to bring down his rebellious enemies under his iron rod , for to keep gods commandments : and they shall prosper . yet let me not flatter our gallant english souldiers , lest i should deceive them ; for i read joel . of a terrible army , called , a northern army : which i believe is designed for this place , and shall do great things : but if we turn to god and the king , as you see joel . , , , . then god will remove this sea northern army from us . i had also visions of such things . and grobnerus's prophesie agreeth to it , which speaketh thus : then shall appear one charles descending of charles , with a mighty fleet on the coast of his fathers dominion , and with the aid of the danes , swedes , hollander , and french shall subdue his adversaries , and shall govern the people most happily , and shall reign long and far , and shall be greater then charles the great . besides , there is in a book of sir franc is bacon , a prophesie to the same purpose : thus , as followeth , there shall be seen upon a day , between the borrough and the bay , the black fleet of norway ; and when that fleet is come and gone , england build houses of lime and stone , for after wars you never shalt have none . and mr. gostolawes visions , as you have it in his book , doth witness the same . but i look upon there , as a threatning from god , to bring the army to agree with the king in reason , and honouring him , and not to stand it out with him , so as to look upon him altogether inconsiderable , because he hath not men and money ; for god is able , on a sudden , to raise him both , though it is hard to get such as our english army consists of ; and i hope they will not lose the honour of bringing in the king , they consisting of the purest sort of men . but indeed , in all other places where they raise armies , they raise them of the most vile and uncivil men that are among them , as formerly they did take the thieves from the goals for souldiers , and press the most vile and wicked sort in all countries , such as had no fear of god in them . therefore as the proverb saith , put a sword in a mad-man's hand , and see what will be the fruit of it ; and if you like it , do it again ; i am sure the late king found a bitter fruit from it the last time : but this army are of a clean contrary sort of men ; for they that had most of the fear of god in them , were the foundation of this army . a little leaven leaveneth the whole lump , be it good or bad , matth . . cor. . , . and therefore ten thousand of them that pray to god when they fight , and study god's word continually , shall bear forty thousand of such as fear not god , ( but contrarily , curse & swear ) be they never so desperate and strong men : yet let none presume upon his holiness as the pope did , who thought to make the world flie before him , and was choaked by a flye that flew in at his mouth . the king can never have a better opportunity then he had the last time he came from scotland ; for had not the blinde and the lame been with him , who were hated of david's soul , sam. . , . the king had been on his throne at london , within eight dayes after he had entred england ; for if his counsel of war had had eyes to have seen their way , and legs to come valiantly forward , when god gave them such an opportunity , the work had been done ; and it had been wisdom and valour in them not to sleep upon it , but to march night and day until they came to london ; and if they had taken all the horses in their way to bring them speedily up , the king then might have suddenly recompensed the owners of such horses : and the way was open , no power being between them and london able to hinder them ; for the parliament themselves were amazed at the sudden news of the kings coming into england with such a great power ; and they being so unprovided , were ready to receive him without a stroke , had his army been swift enough to come in time to london . but had the lord protector with so many of his men been ( in their stead ) with the king upon such a design , having so fair an opportunity , the lord protector and his men had soon been masters of london , and had set the king on his throne . therefore let not king charles think , that such men as brought his father ( though unwittingly ) to the block , and himself into such hazard at worcester , and themselves to a great destruction , that ever they should do him good in the field . it is true , the men wish well to the king : and who can be more truer to him then they are ? but alass ! they have deceived both him and themselves hitherto ; for they are not fit souldiers , specially to go against these men that are in the army now in england , because they are blinde and lame in all their proceedings . we may not think that david's soul did hate a blinde and lame man , that wanted the use of his natural eyes and feet ; no , god forbid he should hate such poor creatures as could not help themselves : but those blinde and lame that david hated , were foolish negligent souldiers , that were not so wise as to see their time , and swift enough to take their advantage , when god gave them the opportunity . and so i hope the king will be of david's minde ; for such souldiers do but deceive , destroy and waste themselves and those that imploy them . therefore the jebusites said in scorn to david , sam. . . except thou take away the blinde and the lame , thou shall not come in hither ; thinking david cannot come in hither . ( as our long parliament justly scorned the king's men , knowing they were both blinde and lame in all their enterprises . ) but david returns the jesubites mockery upon themselves , saying , they were the blinde and the lame , sam. . , . and joab made them know , when he sinote them , that david had no such men , as they thought they were , chron. . , . therefore , i say , the king will do well if he agree and joine himself to this army now on foot , for i believe it will be a hard task for him to get an army that shall beat them out : for the late kings blood , the providence of god hath clearly shewed where it lieth , if men had but eyes to see it . i pray observe , the presbyterian parliament ( for i believe the independent consented not to it ) set forth a declaration to invite the king , saying , that if the king would leave his evil councel and come in to them , they would make him a glorious king . and the king resting upon their promise , hoping to finde them faithful , went without his councel to the chief strength of the presbyters , even the scots army . then the english presbyters , forsooth , seemed to be angry , that he came not to them : and between them they then set out a pamphlet , abusing that scripture , sam. . , , . and taking it for a cloak to dislemble with the good & innocent king , wherein , forsooth , the english presbyters took upon them to be israel , and the scotch presbyters took upon them to be judah , making as though , according to the text , they strove who should be most forward in their love to bring home the king . ( shall not such hypocrites be punished ! ) but in their bringing of him home , the one proved to be more like jezebel , king. , , , , . then israel ; and the other more like judas , matth. . , , , , , . then juda : for so they brought him to his long home , and delivered him to pilate . and as the pilate of our time , had not the honesty to wash his hands from his blood ; so the other had not the honesty to take his blood upon them , as by right it is , matth. . , . and hath been required to the purpose of the scotch presbyters . therefore sure their english brethren shall not escape , though they be the cunningest hypocrites on the earth ; the scribes and pharisees were but fools in comparison to them , for hypocrisic . yet god forbid that i should say , all that go under the name of presbyterians are so guilty of the kings blood , though they all be sufficient hypocrites in other cases ; but certain it is , that a party of them contrived the way to bring the king to his end ; how many they were in number , god onely knoweth , and it is too a hard a thing for man to finde them out , because all are perjured persons , that are to witness it : all honest men were excluded from that secret , so that they can witness nothing . therefore i would not have the king to punish any of them for his fathers blood ; but refer it to god : for the evil name and shame they got by it , and the guilt that lieth upon their conscience , with the voice of his blood that followeth them withersoever they go , is a greater punishment to them , then all the torture the king can devise to put them to : for if he punish them , then it mitigates and lesseneth the aforesaid punishment . and truely he cannot punish the guilty , but he must also destroy the innocent ; for they were so link'd together in the work , that if the case of the king's blood come to be tried , i believe the most guilty will escape best ; for they will say and swear , and hire others to swear any thing , and use all means to cast it upon the innocent . therefore , i say , let the king forgive all or none ; truely , i am sure by a vision that i had , he must forgive all or none : and if he forgive none , i know not how he will ever come to enjoy his kingdom . we have a continual noise of plots among us ; i am perswaded most men are more inclinable to that bloody way , then to the way of peace : yet these plotters are so foolish in the managing of their plots , that their designs are discovered before they are laid . the presbyterians were not so in their plots against the church and the late king ; as not long since i heard a sectary say , that he knew of that plot thirty eight yeers agone ; but said , we had no drunkards nor tell-tales among us ; they covered their plots with religious pretences ; they were so circumspect , that they would not be seen in taverns and ale-houses , left they should be suspected : and they held it unlawful to fight against the king or for religion ; but when at last they got strength , they fought against both , until they brought their plot to effect ; yet you know how soon they lost that pre-eminence , which so long with many prayers was in getting . god gave them their request ; but sent leanness into their soul , psal. . . that they are not the better , but now much in a worse condition , then when they began to plot . therefore let all the plotters take the presbyterians for an example , and see what fruit they had for their long plottings and contrivings to shed blood ; and what they are like to have hereafter , is to be lamented by them . i am sorry to see men given to bloody plots : i am perswaded many care not what mony they spend to bring in the king that way , yet i believe they are none of them that be in favour with him ; but such as think to gain his favour thereby , are most ambitious and forward in these plots . let them take heed , they run a great hazard to little purpose : for i am sure one man with his prayer and pen , he having but one hundred pound to set him forward , eccles. . . shall do more good to bring in the king in peace , then a thousand plotters should do to bring him in after their manner , though they had a thousand pound a peece to set them forward . for my own part , i have neglected my outward calling , and done what i could , spending my time , and what i could get , in writing and printing for the king , these three yeers : and now , being brought low every way , my best friends forsaking me , my outward calling failing ; for i was hindered in it , because i gave my self to write , and am yet hindered and lose my time with people that come to me dayly to be satisfied with words : but my wife and children will not be satisfied without bread , and i must provide for them , or deny the christian faith , tim. . . therefore expect not much more from me , except god send me means , which yet i know not of . it is true , divers persons of quality paid me royally for my former books , else i had not been able to subsift . and many came to keep me in talk , ( not considering my time ) but thought i had my books for nothing , for they would have them at so small a rate ; and not onely so , but many poor people had them for nothing , though when my number was gone , and i wanted books , i had paid dear to the book-seller for them . therefore what i got from the one , i spent upon the other . loath i was , to offend any by denying them my company , which many times came a great way to see me : being also willing , that the poor honest-hearted should should have freely what i had , as well as others which paid me well . yet had any done to me , as that most honourable earl of pembrook did to matthew coker , they might have been offended , who , for a less service then i have done for the king's party , when he was in distress , the said earl did send him a hundred pound . but alass ! all that i had from them for books these three yeers , did not amount to half a hundred pound ; yet god be praised i live , ( though poorly ) and men do expect great matters from me , though by no means will they be obedient to god's word , upon which the promise of happiness is grounded ; which word , in all my books i have alwayes set before them , shewing , that except they would believe , repent , and amend their lives , god would not perform to them what i had said . and therefore they ought not to blame me because the king came not in , bnt rather to blame themselves , for that they did not turn wholly to god ; which if they had done so , god in mercy to them had brought in the king , and would have setled all things in church and state afore now . i have not eaten the bread of idleness all this time ; my labour is beyond expression , for i have taken more pains these three yeers , then a dayly thresher , whose morsel is sweet unto him , and his rest pleasant : but this sort of labour takes a man from all outward comforts ; for such a man delighteth in his sore labour ; so that christ , moses , and eliah eat nothing in forty dayes , as you see exod. . . king. . . matth. . . therefore though natural men know it not , the labour is great , and of so much value , that if men should give all they have to such a labourer , it would not balance his desert . i speak not this for my self , because i look not for any reward from you , for i believe god will reward me : but having experience in the work , i know the time doth not afford to the faithful labourer encouragement , and that reward which he merits ; else the work that i began had been more foreward then now it is . wherefore ye ought to consider them . many are offended with me , because i set a time for the king's coming into england : i wonder what they lost by it : if some being covetous to get ; have laid wagers upon it , who advised them to do it ? i never read of but one wager laid in all the scripture , judges . , , . but sampson that laid the wager lost it through his own folly , in telling his minde ; as the now-plotters were spoiled , because they could not keep their own secrets ; and they that won the wager got nothing by it , for sampson made them pay dear for it , judg. . . judg. . and was it not meet , that these men now should lose , to teach them , that they should not wantonly dally with secret things in those presumptuous profane ways and gambols ? they should have been wiser before they laid any thing upon it . and take notice , that when i first set down the time for the king's coming in , in the yeer . i told them plainly for any to understand it , that if they did not leave their profaneness , the king would not come in according to my saying , and that god would alter the appointed time ( of the king's coming in ) as he did in the time of moses alter it forty yeers , numb. . . as you have it in the postscript of my book , called , the ecche . and all the prophecies of god are conditional ; for when god sends a prophet to pronounce destruction to a people , and sets a time for it , if upon it they repent and amend their evil wayes , they shall not be destroyed at that time . and when god sends a prophet to bring good tidings of deliverance to a people that are in captivity for their sins , and sets a time for their deliverance , if that people upon it do not repent and amend their evil wayes , they shall not be delivered at that time , jer. . , , , , yet though god remove the decree for a longer time , micah . . that which the lords prophet hath spoken , whether it be of mercy or justice , it shall surely come to pass , as we see in the case of nineveh , it was destroyed according to the saying of jonas , though not in the time god at first alotted for it , tobit . , , . and israel came to canaan , though not at the first time that god had alotted for them , numb. . . deut. . . joshua . , , . and you of the king's party , i say , pray , beloved , take notice of the manner of god's fulling his promises to his people , when they will not leave their sins : jeremiah prophefied that the jews should be delivered out of their captivity in babylon after seventy yeers was expired : and his word was fulfilled in part ; for in the first yeer of cyrus there was a decree made for their freedom , chron. . , , , . ezra . . and according to it they came to jerusalem , and laid the foundation of the temple , ezra . , . but they had many great sins among them , ezra . , , , . nehem. . nehem. . , , , . as we also have : therfore you shall finde that they were notperfectly delivered until the second yeer of darius , ezra . , . for the adversaries of judah and of benjamin wrote against them to ahasuerus and artaxerxes kings of persia , and got commissions to suppress them by force of arms , esdras . . ezra . and also you shall finde , king. . , , , , , , , . ezra . , , , , , , , . king. . . that these adversaries that then hindred the freedom of the jews , were such people as hinder you now , for they were absolute independants , of divers religions , and all feared the lord ( as now these fear the lord ) but they served their several gods , king , . , , , . and as the men of babylon made succoth-benoth their god ; and the men of cuth , made nergal their god ; and the men of hamath , ashima , their god ; and the avites , made nibhaz and tartake their god ; and the sepharvites burnt their their children to adrammelech and anammelech the gods of sepharvaim , and they made themselves priests of the lowest of the people : so in like manner our sectaries have their several demi-gods ; as the prsbyters have fairfax , knox , waller , love , calamy , with many other ; the independents , harrison , feak , vavasor powel , rogers , simpson ; the levelers , lilburn ; and the like : yea , there is not any sect , but fansie to themselves gods or leaders , and make to themselves priests of the lower sort , which have neither religion , reason , eloquence , learning , or any other ingenuity in them at all , but a proud ignorant sort of zeal , being in all things like the adversaries of judah ; for as it is said of them , king. . . they feared the lord , but yet it is said , vers. . that they feared not the lord , because they worshipped him not according to the law that god had prescribed for jacob whom he named israel : so now the presbyterians , independents , levelers , or brownists , may be said to fear the lord , and yet not truely , because they do not worship him according to the law that god hath prescribed for us , as in the communion-book , vulgarly called , the book of common-prayer . and to shew you a mystery of hope , the jews were hindred for the time of three kings , ezra . , , . of which three , artaxerxes reigned thirty two yeers , nehem. . . yet the holy spirit speaking of the same matter , tells us , that they were hindred but two yeers , esdr. . . surely this prophesie is for us ; for they were hindred for a longer time . and this sheweth you , that since the foundation was laid in . you shall be perfectly delivered afore . be expired , and king charles will be on the throne by then ; provided , that you unfaignedly turn to the lord , by fasting , praying , and reforming your wayes , according to gods commandments , and specially in not profaning , but keeping holy and sanctifying the sabbath day , for therein lieth the promise of glory , isa. . , . here and for ever , isa. . now you will ask me , how was the foundation laid , and wherein had the king's party any freedom in . or in what manner doth it resemble cyrus his decree for the jews ? first , i answer , that in . by all accounts the foundation was laid ; for whereas before the power was in the state , parliament , or people , or where we knew not ; now it is in one single person again : so that the foundation of monarchy ( which was destroyed ) is laid again in the protector i hope for king charles . secondly , in . the ingagement was so taken off , that the king's party that took it not , now have the benefit of the law , from the which benefit by the ingagement they were utterly excluded ; so that if one that had taken the ingagement had robbed and killed one that had not taken it , it had not been a crime in those times ; for we have right to nothing but by she law . thus you see what god hath done for you , to fulfil my propoesies in . you must not despise the day of small things , zach. . . there came unto me a gentleman , a great historian , about two yeers agone , who did affirm that cromwel was cyrus , and that he would restore both our liberty , church and king to us again . this gentleman was a west country-man , who had commanded in the late king's army , and had suffered much : i could wish all the king's party were of his temper and minde . truely i believe , that cromwel is not onely cyrus , but will also prove zerubbabel , that did not onely lay the foundation , but will also finish the work of god , and bring forth the head-stone thereof with shoutings , ( i mean king charles ) crying , grace , grace unto him , zach. . , , , , . and not onely so , but that cromwel will be darius , that shall curse and bring a curse upon all , whether they be kings , or whatsoever they be , that hinder the work of god in establishing the king again , and the true worship of god , ezra . , . therefore be not like the jews , that said , can there come any good thing out of nazareth ? john . . for you see jesus the most blessed came from thence , john . . wherefore let not the independent think , but that much good may come to them from the king charles steward ; and let not the kings party think , but that great good may come to them from oliver cromwel , now protector , who will restore the king , and hath done as you see something already in order to it , and more i could shew you . therefore i say to you again , of oliver cromwel , as the prophet said , zach. . , . to the jews of zerubbabel , he hath laid the foundation of the work , for the king's restoration , he shall also finish it ; do not despise the day of small things , that is , do not despise what he did in . when he turned the state into a monarchy , and freed you from the ingagement ; that is somthing , though it be but small in your eyes . oh that you had abated in your sins so much , as that doth add to your deliverance . you know the people of god fasted and prayed oft when they were in distress , and that not onely privately , but also publikely . and you see the independents and sectaries do so , though they be not yet the people of god : and why do not you so seek the lord , that he may be merciful to you ? i am ashamed of you : what can i say to god or man for you , when you neglect these things ? once , not long since , as i was at mr. peters's chamber on a sabbath-day in the evening after sermon , he was disputing cases of conscience : when all was done , and the people gone , except some few gentlemen that staid to talk with him ; he asked me , how i liked such meetings . i said , i liked it well , if it had been done in and for the church of god . he said , if you do not count us the church , why do not the cavaliers use such holy meetings among themselves ? we should be glad to see them do so . said i , the reason is , because you will not suffer them to do it , for fear they should plot against you , as you formerly plotted in such meetings against them . said he , we never hindred them to meet in this manner . i answered , that you did to my knowledge ; for not long since at a house in coven-garden there was a company of devout cavaliers met to serve the lord ; and you sent a company of souldiers upon them for no other cause , which took many of them prisoners to st. jamses . then mr. peters remembring it , had not a word more to say to that . but he might have answered , that was in the long parliaments time ; the lord protector since he came in power did allow of no such thing , for now you have the church-door open , you need not go into houses ; you may fast , you may pray , you may preach , provided it be for peace : and i am sure his highness will rejoyce to see it ; yet if you fast for strife and debate , as the presbyterians did , all for blood , giving thanks when they kill'd many , and fast to the end that they might kill & oppress the more ( as the prophet sets them out in their colours , isa. . , , , , . ) if you cause your voice to be heard on high , and fast as they did ▪ then god and man will not allow your deeds ; but if you fast innocently , being without malice , and pray the almighty god to send truth and peace to all nations , zach. . . and specially to give a good understanding between the king and protector and their councels , that they may make peace , and confidently believe one the other , and keep faith and a good conscience toward god and with one another for the time to come ; then will god grant your desire , and no man can hurt you for so doing . and the main cause why you are not delivered , is , because you have not a good opinion of oliver cromwel , the man under god that is appointed to effect it by restoring your king and church again . if you look upon me as one sent of god , you should hearken to me , and obey my voice , ( and and not tax me for things not coming to pass for your good , when you would not believe and obey me ) for so the good people obeyed the prophets of old , and prevailed , chro. . , , , , , , , . chron. . , , , , . ezra . , . consider , beloved , god did let none of my words fall hitherto , sam. . . but all that i declared is come to pass , as i shewed above : and if you had sought the lord , and forsaken your sins , as i did exhort you to do in all my books , the king had been on his throne afore now ; for men must look upon god's commandments , and keep them , if they look to have his promises of mercy fulfilled to them , for his mercy is to them that love him and keep his commandments , exod. . . israel in their captivity sate down and wept , and threw away their harps , psal. . , . so should you leave your pleasure , and mourn for your sins by fasting and praying in private , and publikely associate your selves together to seek the lord , that he may be merciful to you . and above all things , keep the sabbath-day : he that keepeth the sabbath-day of the lord holy and wholly , as the prophet saith , isaiah . , . he shall never do amiss ; for the lord jesus will bless him , prosper him , and make him honourable , so that he shall ride upon the high places of the earth , and the seed of god shall be in him , to preserve and protect him all the weeks of his life , from sabbath to sabbath , until at last he come to glory in heaven with christ at the right hand of god ; for if you will remember to keep holy the sabbath-day , god will not suffer you to forget any of his commandments ; but your delight will be in them , to keep them and do his will : but if you forget to keep the sabbath holy ( by praying , reading , hearing , speaking god's words , meditating in it , doing deeds of charity , for bearing all works or words touching worldly affairs ) then god will not bless you , and you shall fall from one misery to another , and never have rest to your souls . the lord will reign , and execute judgement for the sabbath , therefore he is called the lord of the sabbath , and judgement will come upon the world , chiefly for their not sanctifying the sabbath : and if you take notice of psal. . ( intituled , a psalm or song for the sabbath-day ) which psalm continueth until you come to psalm . so that psalm , , , , , . is but one psalm by the author's account ; for you have no title until you come to psalm . i say , if you take notice of psalm , , , , , . you shall finde how god will come to judgement and to reign , and of his triumphing over his enemies , which enemies are similated by a flood of waters , psal. . , , . pfal . , . psal. . . and the contention must needs be about the sabbath , ( for this psalm is for the sabbath-day ) and hath begun with us already . king james destroyed his throne , by making a law to profane the sabbath : truely , there was no need of such a law to give liberty for outward sports on the sabbath-day : the people were too forward in profaning it ; so , that if he had made a severe law to restrain them , yet would they have taken too much liberty to break the sabbath : and i wonder , that the king and his counsel were so blinde as to countenance the sabbath-breakers , since the prophet sheweth it clear , that the promise to rule , is founded upon the exact keeping holy of the sabbath-day of christ , isa. . , . so that he that keepeth the sabbath , shall ride upon the high places of the earth ; and what is meant by riding upon the high places of the earth , but to have the rule and power over it , and govern it ? deut. . , . judg. . , . compared with isa. . , . will shew it . and when the masking-bouse in . was erected at white-hall , purposely to profane the sabbath ; then sin went in the court with an open face , though in a mask ; yet so without a mask , that he which had but half an eye might easily have seen it , and say , god will not suffer this court to stand long . whosoever advised the late king to set up that house , he was his greatest enemy . he that envieth a king or prince , need no other way to overthrow him , then to perswade him to profane the sabbath : neither can a man shew his love to his king by any means more , then by advising him to keep holy the sabbath-day of the lord jesus . and believe it , god will speedily have a quarrel with the kings and princes of the earth , for breaking his sabbath . the long parliament got much footing against the late king upon that score , for reforming what he suffered to be deformed ; by restaining the profanation of the sabbath ; they went up , and he went down : but when they likewise began to take the liberty to profane it ; so that when no boat on the thames durst stir on the sabbath , the lord bradshaw's boat may ; and when other men must go afoot on the sabbath , a parliament-man sends his ticket for a coach , and will have it ; then god brings them down also . i do not speak this of the parliament-men without ground ; for being in . at a parliament-man's house in white-hall , who pretended to be one of the most religious of them , there was some friends of his there , that were to come home to london . said his wife , when my husband comes in , we will have a coach for you to go home . how ! said the man , we cannot have a coach to day . yes , said she , a parliament-man may send his ticket , and have a coach at any time ; none dare deny him . another sabbath a while after , i was at a sermon in white-hall , and in the middle of the sermon , i was forced to go to the stairs ; when i came there , i beheld a boat coming up from the bridge . what , said i to one that stood there , do the boats go abroad again on the sabbath-day ? no , said he . why , said i , what is yonder ? said he , that is my lord bradshaw's boat coming from greenwich . what , said i , then he takes upon him to be lord of the sabbath ? yes , said the man , he may do what he please now . but consider how soon god rooted the parliament out , for such presumption : and now the boats and coaches go abroad on the sabbath again without any molestation : judge you what will be the issue of it . therefore let none presume to break the sabbath , be he never so high ; i dare say , god will bring him low enough that doth it , pick what you can for that out of heb. . , , , , , , , , , , . and the prophet tells the king and people of judah , that though their sin was written with a pen of iron , and with the point of a diamond , and doth say , that they should go into captivity , yet a little after that , he tells them also , that if now they would turn , and keep holy the sabbath , they and their city should remain for ever , jer. . , , , , , . therefore you see , that the keeping holy of the sabbath , will turn away the greatest wrath of god from a people , if it be generally and commanded by their king and governours , otherwise it will not avail ; for in king charles his time by some the sabbath was kept more exact then ever , ( and specially more then it is now , when families are broken into several opinions , that there is hardly three in a great family of one judgement ) and all might have so kept it , for any thing that he declared against it ; but he did not declare for it soon enough , and therefore wrath came from the lord upon his people . a man in king charles his time , could not pass along the streets , morning , evening , or at night on the sabbath , but he should hear them in most houses reading , repeating of sermons , singing psalms , and praying , yea , and every day they had prayers in their families both evening and morning ; and now such things are out of use . also , how beautiful a thing was it to see them go to church , in those dayes ! the master went before , the mistress , children and servants following with one consent ; surely then they were in the way of god , if i can judge : but now the master goeth one way , the mistress another , the children and servants another ; every one goeth several wayes ; and when they come home , mum is best ; for they can neither pray together nor speak any thing of god ; if they do , there is a hot house presently with their damning and confounding one another : god is not the author of such confusion , but of peace and concord , chron. . . and how can there be religious government , or a keeping of the sabbath in families , when the church is without government ? for if the foundation or church-government be destroyed , what can the righteous masters of families do ? psal. . . they cannot say with joshua . . we and our families will serve the lord ; for there is a power above them , that will nor suffer them to bear a compleat rule in their own houses , esther . , , , , , , , , , , , , . the granting liberty of conscience was the overthrow of the late king ; for had he been severe to make all men keep holy the sabbath , he had not fallen ; and his tolerating men to use , on that day , their own conscience and wills as they listed , was his failing , so that he and his lost all by it : and now there is no way left to pacifie god's wrath , but by fasting and prayer to seek the lord in publick and private , and specially to keep holy the sabbath-day . and to tell you which day is that day , bishop bayley in the practise of piety doth witness from scripture and reason , that it is the day commonly called sunday ; and he gives you many instances of judgements on towns and persons that had profaned it . and truely , that prophet ( for so i may call him ) foreseeing this judgement , with an intention to prevent it , directed his book to king charles . but a lass ! that is nothing to what we can witness for the vindicating our sabbath , the lord's day ; for we have seen since , kings and kingdoms routed , parliaments and states destroyed , and all for profaning that day . therefore now god hath resolved that jews question , so that it is without doubt , our sabbath , and none but it , is the sabbath which god doth own . wherefore if you look to be saved of god , strive and have a care to keep it holy , and wait patiently upon the lord : we shall reap , if we faint not , gal. . . i know many good protestant is now in job's condition , having his family destroyed , his house and goods plundered , and perhaps his body smitten with sore diseases ; besides , his friends being independent , anabaptist , or presbyterian ( as job's three friends ) come to oppress , accuse and condemn him falsly ; but job for al this appeals to god for his integrity ; and saying through faith , that though his flesh should be destroyed , and his body consumed , yet that he did believe ( as many now in the same manner do believe , that they shall see king charles on his throne ) and was assured that he should see his redeemer in that very same body , job . , , . and you see god doth at last shew himself to job : and as his three friends were forced to have him pray for them , job . , , , , . so these that now condemn you as evil doers , will be glad to lie at your feet , and have you pray for them to god , and also petition to the king for them . but observe this , vers. . that after job had prayed for his friends , then ( and not afore ) god turned away his captivity , and gave him twice as much as he had lost . from hence learn thus much : you that have suffered most , are to pray earnestly to god for them that most wronged you ; then shall you be accepted of god for your selves and them . again , you must likewise make their peace with the king ; for you onely are accepted & fitted under god , and none but you can do that ; and doing thus , your captivity immediately upon it shall be ended , and you shall have twice as much as you had before , both of honour and riches . i speak thus much in particular to you that were great ones ; if you do as abovesaid , you will be far greater then ever you were . and do this with all speed ; it will take but a little time , if you be willing to do it : but however , do not despair , wait patiently upon god until he frames your minde to do it , for it is far from you to consent to what i say in these things . david , though anointed to be king of israel , notwithstanding the promise , sam. . , . it being deferred , and he hotly persecuted , he thought it would never be , and that one day he should fall by the hand of saul , sam. . . and again said in his haste , all men were lyars , psal. . . concluding , that samuel had erred in anointing him , and in saying he should be king : but at last when david came to be king indeed , he confessed his error in being too hasty , psal. . , , , . and exhorteth men in such cases not to be hasty , but to wait patiently upon the lord ; shewing , that though sometimes he was hasty , which was but folly , yet most times he waited patiently upon the lord , psal. . , . psal. . , . a reproof for withers , walker , and lily . there hath been , and there is , certain ungodly men that devour this nation , by infusing into them the spirit of rebellion , confusion and disorder . truely , such men are no less then witches , sam. . . gal. . . and of late yeers they have gained too much credit , to the ruine of the nation , by setting the subjects against the king , the church against the bishops and pastors , the wives against their husbands , the children against their parents , the servants against their masters , the souldiery against their commanders , striving to set all in rebellion against god's ordinances , pretending to the people it is for their liberty ; but the people by following their disorderly wayes , have brought and do bring themselves into bondage dayly . there are too many such instruments in this land , and chiefly the fathers of them are , that withered poet consulting with his muses , and that whited wall lily , consulting with his stars or worst angels ; and that double-tongu'd walker , consulting with his false hebrew , ( who shall have his reward as his brother had , sam. . , , . ) the three unclean spirits , rev. . . which have brought such a confusion by striking at all governours and government in this nation , that it is almost past recovery . the first comes like faux with his dark lanthorn ( to plot and blow up all ) in which he tells us of a rebellious perpetual parliament that should continue for ever ; comparing it to the river of thames . but gaffer withers , what is become of your parliament now ? i believe god's providence by his highness the lord protector , hath dried up your infernal river , rev. . . rev. . , . that the way of the kings of the east might be prepared : and collen , where those kings or wisemen , matth. . . were buried , from hence is eastward : and will they not now be raised up in warlike bodies to help king charls to his throne ? merlin saith as much , not lily's false merlin , nor the scots merlin ; but the true britain merlin , which cannot be translated into english or any speech verbatim , nor cannot be understood but by some few welsh-men , which had the traditional rule to understand it from hand to hand ever since merlin's time . and about three yeers agone ( when the king was in france ) as i was saying , that the king would come in ; an ignorant welsh-man hearing me , answered and said , not yet a while . why ? said i. said he , the king must first go to collen , and be saluted of the three kings there , who shall say thus unto him , art thou come ? thou art welcome , brother . said i , how do you know this ? said he , i heard it from some that had skill in merlin ; and merlin doth not speak doubtfully to them that understand him . therefore , how that welcome was to be performed , whether by the princes congratulating of the king there , or by some vision he was to have there , or whether he is to be rebaptized there , i leave that to a further manifestation . some think that merlin meant , that the king should die and be buried at collen with those three kings , and that his brother , duke james , should reign and be that great king merlin mentioneth ; yet merlin saith nothing of the king's death ; but saith he shall be buried there , and that is to be understood , that he shall be buried in water-baptism , rom. . . and then be raised into glory ; for the spirit of god that moved upon the waters , and created the light , gen. . , . which spirit was upon those three kings that lie buried there , who came to our saviour jesus christ , matth. . , . is to rest upon our king when he is rebaptized : then shall he prosper victoriously , and his wisdom shall be glorious in setling the affairs of the whole earth . i heard another say , who was acquainted with an old man that had skill in merlin , & had foretold him many things which he found come to pass ; the old man said , that he understood the time of things coming to pass by the golden number , which by merlin's rule consisted of twenty eight yeers . and said to him further , that the book of merlin would be out of date and of no use within this three yeers ; for before the end of . all that he said is to be fulfilled . and this merlin , though long before , spake truer concerning the king , then withers did of his thames-river-parliament . and what doth lily , but like a monkey barke at the moon ! he knows nothing , nor never did know any thing , but as the parliament directed him to write ; for they consulted with him ( knowing him to be a cunning sophister , and an enemy to the king ) and gave him notice of their designs , and bid him that he should write in such a month so and so , and in such a month so and so ; and they having men and money at command , brought their wicked designs to pass , and fulfilled his wicked sayings , until lily was looked upon as a rare simon magus , that the souldiery and others by his means were much encouraged against the king : but when the parliament got all to themselves , and began to slight lily , he began to encourage the army against them , saying , that they should fall . then the parliament send for him , imprisoned him , and would have condemned him as a witch or conjurer : and ever since lily could foretel nothing : but as a blinde man , which throweth stones fast about him , perchance may kill an unhappy crow ; so he speaking much for and against the power , something of his words must needs come to pass : and for his book called , monarchy or no monarchy , who knows not that ? every one can tell that england must be either a kingdom or no kingdom ? that is no news : and all that he doth in that book , is but spitting his venome against the truth , by perverting , confounding and wresting some ancient prophesies . and when all is done , he can make out nothing himself , but in the later end of his book he directs you to enquire at a company of pictures , of dumb beasts and other images , which he hath pourtrayed , saying to you , that that is the ancient aegyptian way of prophesie . truely , it is the aegyptian bondage he would lead you in : and he , the beasts , and their pictures , are all alike in their knowledge and expression , being all void of any instruction ; therefore believe him not . it is a wonder to see what mysteries there by god's providence ( that ye might avoid them ) is in these mens names : all that are possest with withers's opinion , may be called witherds ; and all that are possest with lily's opinion , may be called lilyes ; as we call lutherans and calvinists , after the names of luther and calvin , who were the first of those opinions ; but see how christ hath designed by name , both withers and his party , with lily and his party to the fire , matth. . , , . john . . as for walker , that man of ●●lial and son of bichri , he is designed to fall by the wisdom of a woman of abel , sam. , , , , , . , , , . for the blood of king charles , like the blood of abel , crieth against him , gen. . . because that he stirred up most against him , when he wrote that wicked pamphlet in . entituled , to your tents o israel : to stir the people to rebellion ; and withal did fling it to the king as he went in his coach , using all the despite he could against him ; when all others at that time seemed to reverence him , until that wicked walker broke the way of rebellion to them , and then they followed him like so many mad-men . for my part , i hate not these men ; but i hate the evil spirit that is in them ; and loving them , i discover their wickedness , if so be by it they come to repent and amend : for a flock of geese teacheth better doctrine then such men do . and if you observe their goings , their chief going before , the rest following with their mutual chattering without division , you shall finde that in all their wayes there is better order among the geese , then withers , lily and walker would have to be among men in the world . therefore god is pleased to judge such rebellious men by those creatures which we count most foolish ; as we commonly say of one that is silly , he hath no more wit then a goose , speaking as if a goose had no wit ; but one goose hath more wit then them three . the author's judgement touching baptism . but why do i trouble my self with these men ? it is onely to warn them to repent , and to warn you not to believe such seducing spirits that would divide the head from the body in churches , kingdoms , and families ; for the end of my discourse is to bring all men to godliness , order and unity under one visible head , or king , as jesus christ hath said , john . . pet. . . and now i must tell you , that through the darkness which came upon the church some hundred yeers agoe , by reason when the corrupted clergy ( who were without conscience or honesty ) got the power and records of antiquity into their own hands , they destroyed records , which shewed the ancient apostolical custome of the church , that they might put upon us such a seeming divine law as pleased them , and made most for their lazy ends and profits ; and through the malice and subtilty of the serpent , wrought much mischief by the corruption of the popish clergy for the destruction of mankinde : yet unawares to them , god hath reserved so much of the records , as clearly confuteth their practice in the fundamental point of our religion , even baptism ; about which controversie , begotten by the laziness of the clergy , many thousands lost their lives , and themselves will come to ruine . i finde , that though infants were baptized in old times by their sureties undertaking for them , or christened , which is a more proper word for them , as i shall make it appear by st. augustines own confession , yet i finde , that that which now we call confirmation or bishoping , by the ancients was called , the baptism : but our late prelates being lordly minded ( though they unjustly raised their hire above their predecessors , yet ) thought it too much labour and abasement , for such as they were , to baptize their flock again in water , being content to let that stand for baptism , which they received in their infancy , and onely to lay their hands upon them , using a few words over them , and so let them go , making as though they could create a new sacrament without its element , which properly is water , which is , as if they should invite men unto the communion-table , and then use the same words , as if they gave them bread and wine , but give them nothing ; or just as saint james saith , jam. . , . if one see a man naked , and destitute of daily food , and say unto him , depart in peace , be thou warmed and filled , yet he gives him neither clothing nor meat ; and , what is the poor man the better for his good words ? so your bishoping in like manner was unprofitable , and the people finding it so , did not esteem it , nor did they care whether they had it or not : for without water , it was but a starving of their souls . and if the bishops being ancient , durst not for fear of danger go down into the water , they might have commanded others to baptize the people , act. . , , , . act. . . jeremiah fore-seeing the darkness that came upon the church , sends us to seek the good old way , and bids us walk in it , saying , then we should finde rest to our souls , jer. . . and when the church had lost the way of christs worship , she enquir'd of him , how she should come to his saints rest : he answereth her saying , if she knew not the way to finde out their rest , she must follow their foot-steps , and so come to finde out their rest , cant. . , . and this method is taker . from shepherds , which in time of snow finde out their sheep by following their foot-steps . therefore , i say , we must search the scripture ; & withal , because we cannot agree in the understanding the scripture , for to help our understanding , we must take notice how the church did walk in those ages after the apostles time , when it came to its highest perfection ; & by so doing we shall rightly understand the meaning of the scripture , which is the apostolical rule of worship . and i finde , that saint augustine mistrusting the knavery of the clergy that should follow , in his discourse , by god's providence did hide some things in secret ; which secret being now opened , may shew us what they then did , in what is most considerable and greatest in question now among us : for so you shall finde it in the matter of baptism , if you observe saint augustine , confession lib. chap. . saith he , ( speaking of his christening ) i was then signed with the sign of his cross , and seasoned with his salt so soon as i came out of my mothers womb . whence it is clear , this was his infant-baptism ; for you shall finde in the same chapter , that being come to some discretion , and falling sick , how earnest he was to have christ's baptism : and speaking of pontitianus , confession lib. chap. . saith he , he was both a christian , and baptized too . hence you may draw this conclusion , that then they were called christians , from their christening in their infancy , but not baptized christians , until they were manifest believers , and that they were baptized by their own consent ; and their baptism was in those times deferred until men came to sobriety , and that the heat of youthful lust and sin was almost overcome , and commonly until they were married , otherwayes , though they were never so learned , except they believed , and were tempered , or were in dying , they were not admitted to have it , as you may see , if you will read and observe saint augustine's confessions , and the rubrick that goeth before the baptism in the book of common prayer , you shall finde that they say , that in the old time the people were baptized at easter or whitsuntide , and at no time in the yeer besides : and if we compare this with saint augustine , this must needs be their rebaptizing , for infants were not kept so long without it , as you see by st. augustine , and see he was rebaptized at easter , and i am sure he was then about yeers of age , for he had a son was then . confes. lib. chap. . here it is clear that the ancient church though they baptized or christned their infants by their sureties , yet after they came to be men , then they were baptized upon their own score . and now let us see whether their then practice was agreeable to the scripture delivered to us by christ & his apostles . i have delivered seven arguments grounded upon the gospel , for the defence of infant-baptism , which are so invincible , that i believe all the ana baptists are not able in so few words to answer them ; which arguments you shall finde in my book called , the eccho to the voice from heaven : besides , it is evident , that the promise is aswel to their children , as to the believing parents , act. . . and therefore the apostles upon the confession of a master or head of a family , baptized all persons both great and small in the house , act. . , , . act. . , , , , , . according to the saying of our saviour to zacheus , luke . . salvation is come to this house , that is , to all in this house both great and small , infants being not excepted , nor exempted ; for our saviour counts them the purest , luk. . , , . now to prove that infants were baptized by their sureties or upon their account , some authors do ground it upon the command of god , isa. . , , . and the example , luk. . , , . these types indeed being well considered , are very forcible , and a sufficient warrant for it : and the apostles command bindes us to do it , saying , rom. . . we that are strong ought to bear the infirmities of the weak . and again , gal. . . bear ye one anothers burthens , and so fulfil the law of christ . infants are most weak , and we ought in charity to help them , in what concerns their souls , as we do in what concerns their bodies . all by nature are born children of wrath , eph. . , . that infants are not onely dead in sins and trespasses ; but are also so dead , that they know not wherefore they are plunged in water-baptism , they know not what their washing signifieth : though indeed they have faith in christ , mat. . and a dependency upon the supream power , that brought them forth into the world , far above that of the young ravens which cry to god for their sustenance , job . . psal. . . yet infants are not capable of entring into atonement with god through christ in baptism ; and if without it they depart this life , they cannot be saved , mar. . . jahn . . therefore in charity we ought to help them , and be sureties for them until they come to age . now infants being dead in regard of original sin , and in regard of speech and understanding what baptism is , cor. . . in the apostles time there were some that did answer for them , and perform that part in baptism for them , which they themselves being unable could not do , and this is clear by the apostles words , cor. . . else what shall they do that are baptized for the dead ? if the dead rise not at all , why are they then baptized for the dead ? that is , if infants do not awake to live righteously , that god may be all in all , their sureties must answer for it , cor. . , . and by these dead ones here , is meant , infants ; for to what purpose shall any be baptized for them that are corporally dead ? as if that would raise them again . and therefore the church of england is right in this point ; for in the book of common-prayer the question is not put to the infant , but to the suretie , saying , wilt thou be baptized in this faith ? & the surtie answereth , that is my desire : so that accordingly the surtie is more properly said to be baptized then the infant , though all is for the infant's sake : and the infant if he by his washing perform the external part in baptism , that is all , and that is but the ouside of it , as the apostle saith , pet. . . for re-baptizing also you shall finde , that it was put in practise in the apostles time , act. . , , , , , . for them disciples being found ignorant were baptized again : and if you compare act. . , . with act. . . you finde , they were baptized with water ; and to clear it further , saith he , tit. . . he saved us by the washing of regeneration and renewing of the holy ghost . hence i conclude , that here he spake of re-baptizing , mark the words regeneration and renewing , it signifieth to make an old thing new again : and as the renewing of a covenant cannot be done to him that never was in covenant , nor can you renew your friendship with him that never was you friend ; so the renewing of baptism here intimated , cannot be said to be done to them that never were baptized : and it must needs argue from this place , tit. . . that in some measure when they were infants they had baptism , and that now being defiled by the sins of their youths , they were rebaptized , washed , and had the spirit renewed on them again : and as david after he went in to uriah's wife , and by sin defiled his holy spirit , he desired god to wash him , and to renew a right spirit within him , psa. . , , , . yet david then had the holy spirit , though in a weak measure , because of his sin ; therefore he desireth god not to take his holy spirit from him , but to wash him , and renew the holy spirit he had , by giving him a greater measure of the same spirit : so in like manner , them now that are rebaptized , should not despise the holy spirit which they received in their infant-baptism ; but with david desire god to renew that holy spirit within them , by giving them a greater measure of the same spirit . again , from these texts , heb. . . pet. . . we must needs understand the rebaptizing , for how can infants be said to come to baptism with full assurance of faith , having their hearts sprinkled from an evil conscience , and their bodies washed with pure water ? whereas infants understand not what conscience is : and how can they have the answer of a good conscience toward god by the resurrection of jesus christ , seeing they are not able to know these things ? surely this baptism meant here , is not to infants , but it belongs to them that are of ripe age to receive it . and therefore from hence it is evident , that those who are to be saved ( notwithstanding their baptism in their infancy ) ought to be baptized again . as for them that died in the former times of ignorance , which god winked at , act. . . doubtless god was merciful to them ; but now it will be required if you refuse rebaptizing , for infant-baptism is but as that of john , which is appointed to prepare a people for the lord : and truely the holy ghost is in some measure in john's baptism , for our saviour had the holy ghost descended on him at his baptism , mat. . . but the fulness of all , is in christ's baptism , who had not the spirit by measure , john . . and st. augustine understood it thus : for speaking to god , as if in his infancy he had had john's baptism , and confessing when he was sick what then he had done , saith , confes. lib. . ch. . thou sawest , o my god! ( for thou wert my keeper ) with what earnestness of minde , and with what faith , i importuned the piety , both of my own mother , and thy church the mother of us all , for the baptism of thy christ my lord god . mark , the baptism of thy christ . and observe , for here he makes a distinction betwixt john's baptism , which he had received when he was an infant , and the baptism of christ which now being sick he would have had : for he thought it not meet to term that baptism which infants receive . it was a wonderful providence that brought me to maintain this point by any thing out of s. aug. and it was thus : when i was about to write this , two learned men ( the one a minister , the other a great student ) being at my house together ; and i perceiving they would be my great antagonists in it : to hear what they would say , i broke my minde unto them : they began to oppose me in it with might & main . i held it forth against them both : so that at last the student said , now i call to mind , i think s. aug. speaks of such a thing . and he having the book in his pocket , drew it out ; and it silenced them very much : yet they would give me no encouragement , nor would they tell me plainly what s. aug. said in it . upon this , i went into pauls church-yard , to see if i could finde s. aug. and hear him speak , by means of some latine scholar : but being there , i found him to speak english , and i brought him home , with an intent that before he and i part , to be better acquainted with him . thus gods providence helps forward his own work , that men may see that the practice of the ancient church was agreeable to the new testament , and that by their practice we may the better understand the scripture , specially in the mysterious great controversie about baptism ( the foundation of christianity ) to end and reconcile the difference of christendom in that point of rebaptizing , commonly called anabaptism ; which opinion , being weighed in the balance of the sanctuary , hath as much truth in it , yea more then the contrary : yet the ana baptists follow not the footsteps of the ancients in christning their infants , and acknowledging the holy spirit in their infants baptism to be of value ; but seeking another spirit in baptism , and not the renewing of that holy spirit which they had in their infants baptism , ( for their punishment , and to bring them home ) god sends them an evil spirit , sam. . . that puffeth and vexeth them , and sets them one against another ; so that there is no peace among them : and though they do mighty things for a time , prevailing , yet at last they come to nothing , because they deny and pitifully reproach the breathing of gods spirit upon them in their infancy . on the other side , because the church of engl. at the first appearing of the anab. did not admit rebaptizing , ( it being gods way ) & take those people into the church , ( they confessing the church , and their infants baptism ) as the most eminent part of it ; the difference grew greater , and they became a scourge ; so that all heresies broke out in the church , upon its refusing & condemning such a truth , warranted by ▪ scripture and fathers ; which truth is the means appointed to bring men into communion with god : for none ought to come to the lords table , before they themselves ( being at yeers of discretion ) do confess their sins , repent , and be baptized , upon their own score . and good reason : for we see , if a man himself be bound to pay a debt he oweth , he will take special care to pay it , lest his adversary cast him into prison ; but if sureties be bound for it , the principal careth not , but lets them suffer : this is common among men . so infants in baptism are not bound , but their sureties ; and as they are bound to or promise nothing , so they are as careless to perform any thing promised for them or in their name : for pray where is any doth forsake the devil and all his works , the pomps and vanities of the wicked world , and all the sinful lusts of the flesh ; that doth believe all the articles of the christian faith ; that doth keep gods holy will and commandments all the days of their lives ? here are mighty things promised , who performeth them ? take heed ; god will not be mocked , gal. . , . now if ministers had prest men to renew their covenant with god , and caused them with their own mouthes to promise such obedience as above said , and rebaptized them upon that account , shewing such as would not come in ( upon such terms ) their damnable condition , and that their infant-baptism was but a figure to save them , if they had died in the time of their ignorance ; surely men would not have been so careless in keeping gods word as now they are . therefore i give this as a rule of truth to the church for time to come ; which rule is grounded , as abovesaid , on scripture , the best fathers practice , reason , and on the confession of our church of england , in the book of common-prayer , as you have it afore baptism in the rubrick . . i say , that infants ought to be by their sureties baptized in water , as we formerly did in the church of england . . that they should be catechized and educated in the faith , and by all means perswaded to leave their sins . . that they being come to the age of discretion , should repent and confess their sins , and shew their resolution to amend their lives , before they come to renew their baptism . . that they be re-baptized in water , and then the bishops to lay their hands upon them : and all this to be done to them , afore they be admitted to come to the lords table . . that those heathens or jews that are perswaded to the faith , converted and baptized , they being of full age , refraining from sin , and stedfast in the faith , need not be rebaptized : but if they have young children , or servants that are subject to youthful vanities , notwithstanding they be baptized with their masters or fathers ▪ they ought to be rebaptized as abovesaid . . that whosoever after re-baptizing opposeth the faith , or breaketh the commands of god , be excommunicated , and not received in again , until he repent , and be willing to suffer a shameful penance . if he will not come in , but goeth about to seduce the people of christ , then shall the king put him to death speedily , that others may fear the lord and king . . that the king and all keep holy the sabbath , not onely by forbearing servile work , but by praying , reading , bearing , speaking gods word , meditating on it , and deeds of charity . and let me tell you in the name of god , that gods covenant in baptism , is that perpetual covenant that shall not be forgotten , jer. . . it is the quarrel of that covenant which god did and will avenge , lev. . . not the blasphemous foolish scots covenant , as the presbyterians would have men believe : no , it was that covenant with death and hell , isa. . . god never owned that wicked covenant , but will punish all that had a hand in it ; the king & all others that took it , be anathema maranatha : the late king , and that rightly , did abominate it . nothing will clear this king & all that took it , but to repent and be rebaptized , as abovesaid : for that was the arm of the abomination of desolation , mat. . . and it threw down the pillars of christs church , and our bishops : it was the work of the presb. coppersmith ; the lord reward him according to his works , tim. . . god send us to love and to enjoy truth and peace in all our generation , through jesus christ our lord . amen . black ▪ friers in long-alley , march . . . arise evans . postscript . and now if the king and the rest of the royal party will submit unto god , according to the foregoing lines ( by his providence ) directed to them , and humble themselves before him , constantly calling upon him as they finde occasion ; not onely in forms of prayers , in which many times they come short of asking what they need ; but also calling upon him by the dictates of god's spirit in them ; for as they know how to ask a man what they need , so the apostle would have them make known then requests unto god , phil. . . and not plead ignorance , as if they had not the spirit of prayer ; for if they know what they need , they know how to ask it of god , as well as they know how to ask any thing they want of men , and easier ; for god is not as man , that will be courted with fine phrases afore he gives any thing , but plain simple terms are acceptable with god , and as available as the highest eloquence . and as a father delighting to hear his little child speak and ask him somthing from the dictates of his own wit , to encourage the child for to speak to him , will give him sooner what he asketh , then he will give to others of his children that can speak better ; so god doth delight to hear his little ones speak to him from their own breast , and will answer their prayers , when eloquent orators prayers are denied . and let me tell you , that i believe god doth not bless any thing that men possess , so much as he blesseth that thing ( if it be a lawful thing ) which they ask him in prayer , and return him thanks for it ; for though a man be born to the highest preferment in the world , and look not upon it as the immediate gist of god unto him , not glorying in his birth-right , but in the lord that gave it , he shall finde that god will deprive him of that he gloried in , by making one born in a barn , and cast into the briers , to enjoy his dominion . i say , if the king and his party will observe these things , and practise them , then i am sure god will suddenly restore him and his party , and they shall finde , it is not in vain for men to seek the lord ; but if they will not observe these things and put them in practise , i wish them well , let them go on in their own wayes , and see the fruit thereof , for i know the meek ( and not the furious and proud ) shall inherit the earth , mat. . . and the humble shall be exalted , luk. . . for , before destruction the heart of man is haughty , and before honour is humility , prov. . . humble your selves therefore under the mighty hand of god , that he may exalt you in due time , pet. . . finis . arise evans . notes, typically marginal, from the original text notes for div a e- 〈…〉 ost 〈…〉 us : 〈…〉 you 〈…〉 saith 〈…〉 with 〈…〉 a letter to a freind [sic] shewing the illegall proceedings of the two houses of parliament and observing god's aversenesse to their actions, which caused the authours returne to the king and his alleagiance. cowley, abraham, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing c ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing c estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a letter to a freind [sic] shewing the illegall proceedings of the two houses of parliament and observing god's aversenesse to their actions, which caused the authours returne to the king and his alleagiance. cowley, abraham, - . [ ], p. [s.n.], london : . signed at end: a.c. attributed to abraham cowley. cf. wrenn catalogue. reproduction of original in huntington library. eng england and wales. -- parliament. great britain -- politics and government -- - . a r (wing c ). civilwar no a letter to a freind, shewing, the illegall proceedings of the two houses of parliament: and observing god's aversenesse to their actions. w a. c a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - john latta sampled and proofread - john latta text and markup reviewed and edited - pfs batch review (qc) and xml conversion a letter to a freind , shewing , the illegall proceedings of the two houses of parliament : and observing god's aversenesse to their actions . which caused the authours returne to the king and his alleagiance . london , printed in the yeare m. dc . xlv . a letter to a freind , shewing the illegall proceedings of the two houses of parliament . cosen , you know how earnestly , and with what charge i opposed the illegall demands of ship money and loanes , how i hated court monopolies , and arbitrary justice in the star-chamber , councell table , and marshalls court , how i abhorred the exorbitance of the high commission ; all which the king readily rectified in the begining of this parliament . you know with what cheerefullnesse i tendred my purse ( my person being unserviceable ) for the reformation of religion , the suppressing popery , the establishment of our liberties and properties , the removing of evill counsellors , the reducing the king to his great counsell the parliament , and the uniting of the sister countries in a brotherly union . you remember how willingly we declared and protested , that for the safety of the kings person , the defence of the houses of parliament , the protestant religion established , the lawes , liberty , and peace of the kingdome , we would live and dye with the earle of essex . and this being first commanded by the houses of parliament , then seconded by the pulpit , carried the face of law and the voice of religion , so that with us was all israel from dan to beersheba . we possest all the walled cities , while the king like david in the mountaines had not a towne to retreate to . we had thousands of the choice men strongly armed , while the king had only a handfull of out law'd cavaliers ( as we call them ) and them naked , not a musket , scarce a sword among them . we had all the crowne revenue , all the city plate to bodkins and thimbles , even talents of gold and silver , and the king scarce enough to buy his dinner . our magazines swelled with armes , ordnance , and ammunition of all sorts ; while the king ( the houses having seized his , ) wanted all . and lest he should have supplies from beyond-sea , we possest all his navie , all his port-townes , and left him not a cock-boate , not a haven . and better then all these , we had the advantage of a just cause , fighting for god , and reformation of religion ( as our preachers taught us ) for the defence of the kings person , our lawes , the properties and liberties ( as the two houses told us ) of subjects , and these backed with the pious fastes and humiliations of sanctified congregations , with humble and earnest prayers for successe . and could so just a cause , so piously mannaged , by such religious patriots , can such miscarry or want successe ? especially , while on the other-side the kings small army was unarmed , idolatrous and popish cavaliers , their cause justifying of idolatry , popery , superstition , maintenance of bishops , rebellion against the parliament , and subversion of the fundamentall lawes ; their prayers ( if any ) for successe but supplications out of a popish liturgy . and what can such armies , such persons , such a cause , such prayers expect but destruction ? thus both pulpit and parliament misse-led me , untill of late i considered the successe of both sides , and do you weigh them indifferently , and then tell me where we can boast a victory ? for if we consider the battailes we most bragg of , those at keinton , alresford , lansdowne , yorke , newbury , we shall finde the successe such , as if heaven rather intended both sides vanquished , then us victors . on the other side examine the actions at runawaydowne , newbury , newarke , cropready , lestishiell , pontfract , and elsewhere , weigh the disproportions and disadvantages the kings armies fought with , and then view their successe , and you will finde it so farre beyond the expectation of reason , as it is scarce within the reach of our beleife . inquire what plenty of men , armes , ordinance , great townes and strong holds the king now hath , and so many have we lost . consider how many thousands of men , how many armies my lord of essex , my lord of manchester , and sir william waller have lost , how much treasure they have exhausted , how our navy is decayed , how many of our ships and men drowned , while we had no enemy at sea but heaven ? nay how many of our ships with their lading have the windes ( siding against us ) carried in to the kings aide , and our destruction ? and can these argue lesse then gods displeasure against our proceedings ? these ill successes made me looke backe upon our state actors , that sit at the helme and direct all things , and among them even those that were best reputed of , for reformation and integrity to the common-wealth : as master hampden , that first raised armes against the king , when ( as we thought ) out of danger , you shall finde him shot in chalgrove field where the yeare before he had first taken up his armes . you may see patriot pym , whom the people for his speech applaud like herod , like herod eaten up of lice , the lord brooke ( armed as death could not enter him , and at a distance danger could not reach ) breathing out threats against the church , is before the church with a single bullet shot in the eye . my lord say ( whom heaven cannot hurt , if the plot hold , ) hath one sonne scorned for being a coward in so good a bad cause , his other sonne condemned to be hanged for being honester then his father in delivering bristol . sir john hotham and his sonne , whom the houses justified for treason against the king , the houses ( to maintaine their priviledge ) execute first the sonne , then the father by a court of warre for thinking to be honest . and as if the same method were to be observed for the whole house , they are hanging young waineman to come to my lord his father . the earle of essex whom the first yeare they salute with hosanna's , passe votes for his thanks and trophies ; but now decrie , and as much as they dare scorne and neglect him . warwicke & manchester , ( like tinker fox , and rag-man phips ) must now be squeezed ( as orenges ) to make sauce for the juncto palates , they are rich . others there be deserve observation . while i contemplated these great active men and their misfortunes , i could not thinke them lesse then farthing sparrowes , which fall not without the divine providence , & therefore strictly examined our cause by the rules of law and gospell , and in a matter of this consequence i have taken the best opinions both of divines and lawyers , and of both the most moderate , yet such as were rather engaged on ours , then on the kings side . all the divines agree , our kings to have their power from god , and therefore saint peter commands obedience to kings as to the supreame ; saint paul to the higher powers for there is no power but from god , and therefore ( saith he ) pay ye tribute . and they observe that these commands were to christians ; the obedience commanded to be given to pagans , to heathenish kings , as the romans , those of pontus , asia , bithynia , &c. the divines observe that saint peters epistle was to strangers in pontus , galatia , &c. not natives , they tyed only by a locall alleageance , we by a locall , by a native , by a sworne alleageance ; they to a heathenish , we to our annointed christian king . all divines agree christ would not have his church his gospell planted by any bloud , but his owne , and therefore would not suffer saint peter to strike , to rescue him his king , his god . christ then will not that his vine should be drest , his church reformed with the bloud of christians . yet now our reformed religion permits subjects ( jesuite-like ) to fight against their king , for the propagation of the gospell . and that all things be done ( as the apostle directs ) decently and in order , they have supprest all church-government , and left almost every man to be his owne bishop , and if he will his owne preist . the booke of common prayer composed by all the clergy of england , and they legally called , confirmed and sealed by their bloud , and commanded by severall parliaments for these yeares , yet now on a sudden voted downe as popish . but not one particular exception to any onething in the liturgy . but a set forme of prayer is a binding of the spirit , and therefore our new directory ties not the spirit to words ( for the cloven tongues speake all languages ) but the assembly of godly divines , prescribes only the matter or effect of their prayer , lest the spirit beeing at too much liberty should pray against the close committee and their proceedings . the ten commandements and commination ( as restraining our christian liberty and judaicall ; ) the creed ( not yet rectified according to the sence of the house ) as erroneous ; the epistles and gospells ( fitted to the celebration of their severall dayes ) as popish , according to the discipline of the kirke of scotland , are all excommunicated . so that now in our new reformed church we have neither good commanded , nor evill prohibited , no faith confest , nor good example to imitate . the reading psalmes had beene totally banished the church , because written by a king ; but in respect david was a prophet too they are left to the wisedome of the minister , to read if he will . but the better meetre of hopkins and sternhold , because composed by commoners , are commanded to be sung , to waken the sleepie devotion of the otherwise mute congregation . i pray thee pardon mee , that i a little sport with our misery ; but 't is in private , and onely to thee . all the lawyers i have spoken with ( except corbet and master prideaux ) unanimously agree that all ordinances made by one or both houses of parliament without the king's assent are ( like man without the breath of life ) handsome models , but uselesse : and that all things done or acted by colour or direction of those ordinances are illegall and invalid , and that there is neither president to warrant , nor reason to maintaine them . and that both our ancient and moderne lawes were made by the king , but advised and consented to by both houses , all which appeares clearly in the penning of our ordinances and acts of parliament , even from h. . untill within these two yeares ; for they run thus : the king at the instance of his great men provided and ordeined that , &c. and that manner of penning held untill r. . and then the king by assent of the lords , and at the request of the commons ordaines and establisheth , &c. and all the following parliaments , even this present in the act for the trienniall parliament uses the same words , be it enacted by the king , with the consent of the lords and commons . so that in all ages the king made the law , the lords and commons doe but advise and consent thereunto , and custome ( that is , a great part of our law ) will not that any old law be abrogated , or a new law made , but by the king with the consent of the two houses ; and they are all confident that master pryn cannot shew any one ordinance made without the kings assent , nor any one booke or any ancient opinion that they might ; nay the very practice of the houses is against it ; insomuch as nothing is of record with them but what hath life by the kings assent . so as if a bill hath passed in both houses , yet that if the sessions of parliament end before the kings assent had to that bill , the next sessions the same bill must be as at first thrice read in both houses ; and againe , have all the formalities and circumstances as it had the first sessions ; for they cannot this sessions take notice of their owne actionsin that before . the knights , citizens , and burgesses , are but atturnies or deputies for their severall counties , cities , and boroughs , and therefore they cannot ( as barons which sit in their owne right ) make a deputy or party to consent or act for them : because by law an atturny cannot make an atturny , & assigne the power and trust to another which is reposed in himselfe , and therefore cannot make committees in severall counties to raise armes , to commit their fellow subjects , &c. nor can atturnies exceed or alter the power given them by their deputation or letter of atturny , but must follow that . and what the power and authority given them is appeares in their indenture betweene the shriffe and those that elect them : which is but according as the kings writ requires , & not power to doe what they list , as appeares by crompt . juris . fol. . the constant practice and course of courts best shewes the power and jurisdiction of the court , ( say the lawyers ) and they averre that there is not any one ordinance of parliament to be found made by the lords and commons without the kings assent . and surely had the two houses such power , the parliament of edw. . rich. . and hen. . so bitter against the king , would have found both the precedent , and made use of the power . let these therefore that are so ready to raise armes without the kings assent , nay contrary to his command , nay even against his person , let them consider , that in rich. . where his barons of parliament and others by colour and in persuance of an ordinance of parliament , whereby hugh de le spencers were banished and to be proceeded against as enemies to the king and kingdome in case they did returne ; the sonne returning to the king , the barons and others pretending that the de le spencers could not be legally attainted by processe of law , because they ( the de le spencers ) had usurped the royall power , and therefore in case of necessity ( for so is the booke of old mag. char. fol. . ) mutually bound themselves by oath , ( as we by our protestations ) and with armes and banners displayed persue the de le spencers , and kill and imprison divers of the kings subjects , and take their townes , castles , houses , &c. and all without the kings assent , ( as ours doe ) for which they were glad to take a pardon , ( as ours would be of an act of oblivion the scotch word for a generall pardon ) for that oath , their armes , &c. touching the opinion raised this parliament , that the two houses are above the king , and therefore the king ought and must passe such bills , such acts as they resolve and offer to him . that ( say the lawyers ) is totally false and against all reason , law , and practice in all ages . and in considering thereof they have not beene led by the pamphlets published this parliament on either side , because such ( like schoole-disputants ) rather endeavour to maintaine their position and side , then to discover truth : therefore the lawyers grounded their judgement upon bookes formerly written , upon precedents of moderate times , when the kings prerogative and subjects liberty both knew and kept their proper bounds . the parliament ( say they ) of the hen. . cap. . declares , that the realme of england is an empire governed by one supreame head and king , having the dignity and estate of the imperiall crowne , unto whom a body politique compact of all sorts and degrees of people by the name of the spiritualty and temporalty beene bound , and owe next to god a naturall and humble obedience , being by gods goodnesse endued with plenary whole and entire power , authority and iurisdiction within his realme . this body politique no doubt is the two houses of parliament , and doubtlesse then the two houses owe this naturall and humble obedience ; and then sure if the servant be not greater then his master to whom he owes his obedience , the creature then his creatour , then the two houses that ( as appeares by their owne act for the continuance of this parliament ) are called by the king , and by him dissolve able , are not above the king , that is their breath and gives life to all their actions . and if the king be by god endued with plenary power , entire authority and jurisdiction . consider from whom can the two houses have their power , their authority , and jurisdiction to be above that given by god . in caudries case in the report . fol. . the king is said to be the vicar of the highest king , ordained to governe and rule the kingdome and people . the parliament in the hen. . acknowledged the jurisdiction of kings to be immediately from god . the statute of the of hen. . cap. . declares the king to be the onely supreame head in earth under god of the church of england , and that he hath power to redresse and reforme all errors and abuses in the church . in the hen. . cap. . the parliament declares , that the king is the onely supreame head under god of the church of england , having the whole governance , tuition and defence thereof , and of his subjects . and consonant to that is our statute , eliz. and in our oath of alleagiance , ( ordained by act of parliament ) we and especially the members of the house of commons acknowledge and sweare , that the kings highnesse is the onely supreame governour of the realme , both in ecclesiasticall and temporall causes . and our lawyers say , that the king being the supreame governour cannot have any governour naturall or politique , ( as the two houses ) above him ; and as he is the onely supreame governour must needs be above all other governours either naturall or politique . by the same oath we sweare allegiance to him and his heires and successours , which must needs be to his naturall capacity , for his politique cannot have heires . and in the case of the dutchy of lancaster , plowd . . it is resolved that the body politique of the king cannot be severed from his naturall body . and then it is ridiculous to thinke , much more to say , that the politique capacity of the king is included in the two houses of parliament , when his naturall is absent and dissenting to what they doe . if the two houses could make a law or ordinance to binde the subject without the kings assent , why should not all the bils that passed both houses but had not the kings assent , why should not they be good and valid , and binde the subiects ' they had the votes of both houses when full and entire , they had more consideration , more circumstance , all necessaries ( but the kings assent ) to the making of a law ; yet these bils in all ages have beene held naught and invalid . and shall the votes of the two houses uponmotion of a worthy member ( though not a th part of either house be present ) and without the kings assent , shall they make a good ordinance to repeale five statutes in the reignes of edw. . and queene eliz. as in the ordinance for the directory , and the booke of common prayer : all which have stood unquestioned these yeares , and in which time we have had parliaments , in which our now parliament-mens fathers and grand-fathers were members , and ( i beleive ) as wise , as honest , and as religious , as their sonnes and grand-children , and they approved , they practiced and followed that liturgy . the parliament jacob . cap. . prayes the kings royall assent to a bill , without which nothing ( say they ) can be compleate and perfect , nor remaine to posserity . and cowell ( who writ about yeares since ) speaking of the regality of the king , comprised under the title of prerogative , there is not one ( faith he ) that belonged to the most absolute prince in the world , which doth not also belong to our king , onely by the custome of this kingdome he maketh no lawes without the consent of the three estates , [ lords spirituall , lords temporall , and the commons ] though he may quash any lavv concluded by them . then how shall the votes and ordinances of a small part of the house be good , when against magn. char. against the petition of right , against our allegiance and protestation ? yet must we venture our lives to murther our brothers , and fellow subjects , or they us , or both , to maintaine what they vote , though against law , contrary to the gospell , and without precedent . but the two houses doe but endeavour to take the king from his evill counsellours , to bring him to his parliament , where he ought to be present & resident , or else they may force him , yea eradicate three eares of wheate to destroy one of tares . for that ( say the lawyers ) there is no precedent , no booke unlesse writ within these two yeares . but master hooker , alias vowell , ( who writ about the beginning of queene elizab. & is much quoted by master pryn ) writing the manner of holdings of parliaments ( as we may see in hollinshead , part . fol. . ) saith , that the king is gods anointed , his deputy and vicar on earth , the head of his realme , the cheifest ruler , on whom wholly and onely depends the government of the estates of the realme . that the king ought to be personally present in parliament three daies in every parliament ; first , on the day of appearance , secondly , on the day when the speaker of the house of commons is presented ; the third , when the parliament is prorogued . and for other daies ( saith the booke ) he is at his choice , to come or not to come . and it appeares by the statute of hen. . cap. . that if the king be absent from the parliament , he might alwaies give his royall assent by commission under the great seale , and by that it seemes he had liberty to be absent if he would . when rich. . refused to come to his parliament , the lords ( that threatned to depose him ) onely averred , that by an old ordinance of parliament if the king absented himselfe forty daies , then they might every man returne quietly to his owne house , and that they would doe so if he came not ; but they pretend no law to raise armes , to compell the king to come . and surely had there beene any colour to justifie it they would not have omitted it , and if there had beene any law or precedent ( though by popish parliaments ) since ric. . time to raise armes or make lawes without the kings assent , master pryn's zeale to the cause and hatred to the king would have found it before now . since therefore that the two houses cannot without the kings assent make a new nor abrogate an old law , cannot without the kings assent raise armes to execute a person condemned by parliament with the kings assent ( as in hu. de le spencers case ) but they must have a pardon for it . in what case are we , that have without the kings assent , nay contrary to his expresse command , contrary to mag. char. contrary to our petition of right , car. by armes taken the th part of every mans estate , imprisoned their persons , imposed new loanes , and new impositions , hanged citisens and gownemen , contrary to the priviledges of parliament , executed even members of the parliament by martiall law , and at the parliament doore , while the houses of parliament were sitting , the kings bench ( as we pretend ) open at westminster , the gaole-delivery for london and middlesex in the old baily ? nay contrary to our petition of right , & our statute made this parliament , have we not in the kings name because we could not in our owne , pressed our fellow subjects , and by armes compelled them to fight ? contrary to their sworne allegiance and vowed protestation , which is to maintaine the reformed protestant religion , expressed in the doctrine of the church of england ; yet we fight to turne out the liturgy , and prayers ordained by the whole church of england , and which we have long knowne to make roome for the extemporary and unknowne prayer of a single man , and him often unlearned , sometimes debauched , and this according to the kirke of scotland , not of england : to defend the kings royall person , his honour , his estate ; yet we iustifie them that fight against him , that permit nay licence libellous pamphlets against him and his honour , that robbe his exchequer by receiving and keeping from him his revenew : to maintaine the priviledges of parliament ; yet hale the members to prison , nay to execution by martiall law : to maintaine the lawfull rights and liberties of the subject , yet fight to have our estates , liberties , and lives taken away by votes , ordinances , and martiall law , and against the kings command . we have protested to preserve the peace of england , scotland , and ireland , yet fight here among our selves to annihilate and breake the cessation of armes and the peace there , and send for the scots hither to robbe , murder , and ( if god be not better to us then we to our selves ) utterly subdue and inslave us , to set up and enrich themselves . by what law can the scots prescribe us a church government ? by what law have they ( our homagers ) a voice in the settling of our militia , and the lawes of our nation ? to conclude , we fight to save a few close-committee men , our state-actours that have perswaded and voted us , and inforced the poore common souldiers to commit rapine , bloud-shed , sacriledge , and rebellion , to protect them , who with shimei , reviled and flung stones and dust at david by their declarations and pamphlets , who by their remonstrances and votes endeavoured to discover with cham the nakednesse of their father , who following the counsel of achitophel , have in the sight of all israel lyen with davids concubines , by usurping his authority and royall power . we fight to secure them , whom an act of oblivion cannot , and therefore must have the militia at their sole dispose , that the swords , and lives of the poore souldiers may protect , whom the law cannot justify . we fight to make london an independent city , to make the maior aldermen and common-councell a third house of parliament , and give them the tower of london , with the militia of the city and suburbs , lest the king being but gods vicar on earth their only supreme governour and soveraigne lord , as severall acts of parliaments have declared , lest he should rebell against them his native , his locall and his sworne subjects . we fight to abolish the ten commandements , the creed , the epistles and gospells , because not consistent with the scots presbyteriall discipline . what one act of charity or mercy have these reformers of religion done ? where have they offered to the king to part with any thing of any pretended right , liberty , or priviledge , to settle a peace in this church and common-wealth ? nay which of these is not greater in estate and wealth , in power and authority , then he was before the civil warre beganne , or shall be after the warre ended ? have not the earles of warwicke , manchester , and others that you know much inriched themselves and freinds by the harvest of this warre ? have not their chaplaines burges , sedgewicke , case , peters , and others treble revenues and in-comes , to preach doctrines answerable to the occasion of raising money , men , or armes , or crying no treaty , no peace ? doctrines sutable to their church and practice , that have in cold bloud murdered many poore protestant english-irish , for being on the kings side . while on the other part the king not delighting in bloud , hath pardoned divers whom the law condemned , nay he hath proclaimed pardon to all that would take it , and to purchase peace , he hath offered to part with his right , to divide his militia , putting it into the power of twentie men , whereof he to name ten , and the two houses ten commissioners . he desires and offers that popery may be supprest according to law , and not papists murdered because irish . he is willing that both church and common wealth should be rectified according to law , and according to law he offers to have all persons to be tryed by law . he commiserating his oppressed subjects the distracted church and ruined common-wealth , hath offered and desired a cessation from armes , but cannot obtaine it ; and then shall wee not beleive him the true father that would save the child ? god would not have his temple built by a man of bloud , though even david ; nor would christ have his church reformed with the bloud of christians . the king of peace cannot delight in warre . upon these considerations , cosen , i am resolved to leave their party that have misse-led me and my poore country-men to our ruine ; and i will now lay hold of the kings mercy and pardon offered by his proclamation , and by a hearty repentance i hope to expiate the bloud , the treason , and sacriledge , i have countenanced by my former opinions , and supported by my purse and perswasions . and i doe heartily wish , that my poore country-men and neighbours that by an illegall presse are forced from their wives and children , from their parents and freinds , to fight against the english protestant religion and liturgy , to set up a scotch directory against their king , to pay a tribute to their fellow subjects , against their protestation to protect such as have seduced and deceived them and their nations , that have raised this unnaturall warre upon pretences , feares and jealousies , and by the murther of many thousand english christians keepe themselves from a legall triall , that they may still sit quietly voting at westminster , and eate the fat of the land . cosen , i doe heartily wish that both you and the rest of my poore country-men would consider and weigh these things , and that god would give you relenting hearts truly penitent for these horrid sinnes , and then i would not doubt but you and they would end this warre ( for 't is in your powers ) by returning to the english protestant religion and liturgy , to your sworne alleagiance to your anointed king , and then to your owne vines and figge-trees . and no doubt but both you and they shall receive from god and the king the blessings due to the blessed peace-makers : which is heartily prayed for by him that will lead you the way , fleet-streete may . . a. c. finis . some sober inspections made into carriage and consults of the late long-parliament whereby occasion is taken to speak of parliaments in former times, and of magna charta, with some reflexes upon government in general. som sober inspections made into the cariage and consults of the late long parlement howell, james, ?- . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing h ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing h estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) some sober inspections made into carriage and consults of the late long-parliament whereby occasion is taken to speak of parliaments in former times, and of magna charta, with some reflexes upon government in general. som sober inspections made into the cariage and consults of the late long parlement howell, james, ?- . [ ], p. printed for ric. lownds ..., london : . dedicatory epistle signed: j.h. later published under the title: philanglvs. advertisement: p. . reproduction of original in huntington library. eng england and wales. -- parliament. great britain -- politics and government -- - . a r (wing h ). civilwar no some sober inspections made into the carriage and consults of the late long-parliament, whereby occasion is taken to speak of parliaments in howell, james f the rate of defects per , words puts this text in the f category of texts with or more defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - rachel losh sampled and proofread - rachel losh text and markup reviewed and edited - pfs batch review (qc) and xml conversion some sober inspections made into the carriage and consvlts of the late long-parliament , whereby occasion is taken to speak of parliaments in former times , and of magna charta , with some reflexes upon government in general . cupio ut rectè capiar . london , printed for ric. lownds , at the white lyon in st. pauls churchyard near the west-end , . to his highnesse the lord protector . my lord , among the multitude of mighty atchievements which your highnesse hath performed so much to the astonishment of mankind , the dissolving of the late long parliament may well deserve to bee rank'd in the numbe : for thereby your highnesse hercules-like , may be said to have quell'd a monster with many heads ; such a monster that was like to gormandize and devour the whole nation , as will appear in the ensuing discourse , which though small in bulk , yet the subject matters is of the greatest concernment ( otherwise i had not ventured on so high a dedication ) for it treats of the power and practise of english parliaments in former times , with the first rise of the house of commons , and of magna charta , &c. which will bee found to have had but hard births . there was matter enough to have compil'd a far greater volumn , but i have woon'd it upon a small bottom , in regard that besides my natural hatred to superfluities and circumlocutionss ; i would not bee so unmannerly as to hold your highnesse too long , who have suca world of high businesses perpetually in your thoughts . one thing i humbly promise your highnesse , that the quotations here produc'd ( whereof there are many ) are all true , and extracted out of authentick records , but what consequences soever are drawn from them , the judgement is still reserv'd for your highnesse , endernier ressort . there is a memorable saying of charles martell in that mighty revolution in france , when hee introduc'd the second race of kings , that in the pursuit of all his actions , he used to say , that he followed not the ambition of his heart , as much as the inspirations of his soul , and the designs of providence : this may be applied to your highnesse in the conduct of your great affairs , and admirable successes . so craving pardon for this high presumption , and the boldnesse of the subject , for which i humbly beg your protection , i rest in the lowliest posture of obedience at your highness command i. h. to the knowing reader touching the method of this discourse . there are various wayes for the conveyance of knowledge to the understanding , and to distil it by degrees into the cels of humane brain ; it may be done either by a down-right narration and continued discourse ; or by allegories , emblemes , and parables ; or by way of dialogue , interlocutions and conference ; the first , is the easiest and most usual way ; the second , is the most ingenious and difficult ; the last the most familiar and satisfactory ; when one doth not onely inform but remove , and answer all objections and quaeries that may intervene all along in the pursuit of the matter . it is the mode and method of this treatise , which discoursing of the affairs of england , proceeds by way of colloquy 'twixt philanglus and polyander : the first a good patriot , and great lover of the english ; the other a person who had seen much of the world abroad , and studied men , as both their names do intimate . conveniunt rebus nomina saepe suis i. h. some inspections made into the cariage and consults of the late long parlement , &c. in a colloquy 'twixt philanglus and polyander . gentle sir , philanglus . how glad am i to see you so well return'd to england after so long a separation , having breath'd air under so many diffe●ing climes , convers'd with nations of so many differing complexions , and made so many hazardous voyages and itinerations both by land and seas , as i understand you have . polyander . 't is true , there is a kind of hazzard that hovers over our heads wheresoever we pass in this transitory incertain world , the morning cannot presage what the evening may produce , some odd thing may happen 'twixt the cup and the lip ; but the danger of forrein travel , or peregrination is nothing so great as 't is commonly apprehended ; one may travell all europe with as much security and accommodation as any part of england ; one may goe from calis to constantinople , as safely as from bristol to berwick ; one may passe from vienna to venice , from paris to prague , from madrid to magdenburgh , as securely as from london to lancaster , or from saint davids head to dover ; 't is true , that before negotiation and commerce made mankind more communic●ble , it was an uncouth thing to travel , or make removes far from home ; in this island , not an age since , if one were to make a journey from wales to london , much more from london to france , it was usual for him to make his last will ; but now the world growing still more populous and people more sociable by mutua ▪ traffique ; and knowledge of languages , the case is altered ; in my whole ten years travel , i thank my creator , i never rancounterd any danger or difficulty , but i might have met with the like in england ; if one observes these three small imperatiss , audi , cerne , tace , hear , see , and be silent , he need no other passeport to travel the world ; but dear sir , now that i am return'd to breath english air again , i hold it one of the best welcomes to find you so well after so long an absence , and i embrace you with both my arms , giving you a thousand thanks for the fair respects , and litteral correspondence you kept with me while i wandered abroad , for it was my greatest comfort . philanglus . sir , you teach me what i should say to you in this point , but truely you should have had a more frequent account of matters here , but that of late years it hath been usual to intercept and break up letters , which is a baser kind of burglary then to break into ones house , or chamber ; for this may be a plundering onely of some outward pelf , or baggage of fortune , but he who breaks open one letters , which are the ideas of the minde ( as is spoken elsewhere ) may be said to rifle the very brain , and rob one of his most precious thoughts , and secret'st possessions : but sir , now that i have the happinesse to re-enjoy you , what doe they say abroad of these late revolutions in england ? polyander . they say that the english are a sturdy , terrible and stout people , that the power and wealth of this island was never discovered so much before both by land and sea , that the true stroke of governing this nation was never hit upon till now ; politicians new and old have beaten their brains , and shot at rovers in writing of divers sorts of governments ; but the wisest of them concur in this opinion , that there is no government more resembling heaven , and more durable upon earth , or that hath any certain principles but monarchy , and such a monarchy that hath an actual visible military strength to support it self , and not only to protect , but to awe the people . aristotle in his politicks speaks of sundrie species of governments , he writes of monarchy , aristocracy , democracy , oligarchy , and s●ratocracy , ( as the greek tongue hath a faculty above all others in compounding names for things ; ) but he is irresolut to determin what aristocracies are truly perfect , he hath only this one positive assertion , that aristocracy allowes no aritificer to be a citizen or counsellor ; much of his discourse is of the first founders of common-wealths , as phaleas of the chalcedonian , hippodamas of the milesian , lycurgus of the lacedemonian , minos of the cretan , and solon of the athenian ; then he proceeds to correct the errors of common-wealths before he tels us what a common-wealth is , which is ( under favour ) an irregularity in method . in his first book he speaks only of the parts of a city , or common-weal , but he tels us not what they are til he comes to his third book , where in handling the kinds of government in generall , he flies backward and forward in a disorderly way ; but when he comes to treat of particular forms , he is full of contradiction and confusion ; in some places he seems to deny any natural right and publick interest , ( much more any underived majesty ) in the people , whom he saith to be little inferiour to beasts ; whereas elsewhere he affordeth a liberty to every city , to set up either by force or cunning what government they please , which in effect is to allow men to doe what they list if they be able : but at last he confesses that after kings were given over in greece , common-wealths were made of them who waged warre , and that all power was summ'd up in the government of an army , which is pure stratocracy , or military government . philanglus . we cannot blame this great philosopher to rove herein up and down , it being impossible for any humane brain to prescribe any certain and infallible universal rules of government that may quadrat with the nature of all climes , and be applicable to the humors of all people ; all other arts and sciences have apodictical , and undenyable principles , but the art of government hath no such maximes ; the reason is the various dispositions of people , and a thousand sorts of contingencies that attend worldly affairs ; it is , you better know then i , one of the main principles of policy in france to keep the peasan ( which is the grosse of the people ) still indigent and poor , because they are of such a volatil instable nature , that if they were rich and fed high , wealth and wantonesse would make them ever and anon to be kicking against government , and crying out for a change , whereas this principle of policy is held to be a paradox in spain , and other countreys . some nations are so firy mouth'd , that they must be rid with a bit , if not a martinghal , but a snaffle will serve others : nor are the same laws fit for the continent , that are proper for an island , nor those of a maritim continent fit for a mediterranean countrey . polyander . i concur with you there is no art so difficult , and fuller of incertainties , as hominem homini imperare , as the art for man to govern man , which made one of the deepest statesmen these modern times afforded to confesse , that though he had served so many apprentiships , and been a journeyman so long in this art , and reputed a master , yet he found himself still a novice : for state affairs as all sublunary things , are subject to alteration , the wisdome of one day may be the foolishnesse of another , and the week following may be schoolmistress to the week before in point of experience , which is the great looking-glass of wisdome , and policy . therefore whereas aristotle useth to be constant to himself in all other sciences while he displayes the operations and works of nature , when he comes to treat of humane government , he is not only often at a losse , and inconstant to himself , but he involves both himself and the reader in ambiguities . philanglus . i am of opinion that there is in policy but one true vniversal maxime , which is , as you said before , to have alwayes a standing visible effectif power in being , as well to preserve , as to curb a people ; and it is very fitting they should pay for their protection , it being a rule all the world over , and grounded upon good reason , defend me , and spend me . polyander . it is so indeed every where ; how willing is our confederat the hollander , so he be protected in his trade , to part with any thing , to pay tols for what he hath either for back or belly ; he is content to pay for all beasts sold in the market the twelf part for excise , six shillings upon every tun of beer , two stivers a week for every milch cow , six pence upon every bushel of wheat , and so upon all other commodities : the states of italy do more , in florence , and the republick of venice , ( which hath continued longest , and with least change in point of government of any country upon earth ) ther 's not a grain of corn , not a glassefull of wine , oyl , egges , birds , beasts , fish , fowl , yea , grasse , salt , and sallets , but pay a gabell for the common defence , nay the courtisans cannot make use of their own , but they must contribut to maintain twelve gallies . but sir , now that i have been absent so long , i pray be pleased to tell me something of the proceedings of the late long parlement , and of this mighty revolution ; for i find such a kind of transposition of all things in point of government , that england may be said to be but the anagram of what she was . philanglus . there is a periodical fate , that hangs over all governments , this of england may be said to have come to its tropique , to a posture of turning ; the people extreamly long'd for a parlement , and they had a long parlement , for it lasted longer then all the parlements that ever were in england since the first institution of parlements , put them all together ; there was never such an idol upon earth as that parlement , for people thought there was an inerring spirit tyed to the speakers chair , they pinn'd their salvation upon it , it was held blasphemy , and a sin against the holy ghost to speak against it , nay some gave out that that blessed parlement was as necessary for our refromation , as the coming of christ was for our redemption ; such a sottish kind of infatuation had seiz'd upon some kind of people . polyander . but what did that parlement do tending to the publick reformation ? philanglus . what did they doe ? they were like to undoe all things , had they sate longer , which they had done till doomesday had they been let alone , and their posteriors never aked ; 't is true , they were somewhat modest at first , but by the lenity of a credulous easie king , they did afterwards monstrous things . they assumed to themselves all the regalia's of the crown , they seiz'd upon sword , great seal , and soveraignty , upon the militia , and all the marks of majesty , nay , they did arrogate to themselves the legislative and supreme power . polyander . but doth not the supreme power reside ●n the english parlement , which is an epi●ome and representative of the whole nation ? philanglus . i will not resolve you in that , till i acquaint you with the pedigree , & primitive institution of parlement , which i will endeavour to do as succinctly as i can , but in regard that our parlement was erected at first in imitation of the assembly of the three estates in france , in which government you are so well vers'd , i pray do me the favour as give me a touch of the mode of france in those publick assemblies , and then i shall apply my self to satisfie you touching english , irish , and scots parlements , having in some measure studied the case . polyander . in france the kings writ goeth to the bayliffs , seneschals or stewards of liberties , who issue out warrants to all such ashave fees and lands within their liberties , as also to all towns , requiring all such as have any complaints , to meet in the principal city , there to choose delegats in the name of the province to be present at the generall assembly . being met at the principal city of the bayliwick , the kings writ is read , and so the delegates are elected and sworn ; then they consult what is to be complained of , and fit to be proposed to the king , whereof there is an index or catalogue made , which is delivered to the delegats to carry to the general assembly : all the bayliwicks are divided to twelve classes ; but to avoid confusion , and to the end there may not be too great a delay in the assembly by gathering of the voyces or suffrages , every classis compiles a brief , or book of the grievances and demands of all the bayliwicks within that classis ; then these classes at the assembly compose one general book of the grievances and demands of the whole kingdome . this being the order of the proceeding of the comminalty or third estate , the like order is observed by the clergy and nobility : so when the three books or cahiers ( as they call them ) for the three estates are perfected , then they present them to the king by their presidents in the open great assemby . the first who presents the cahiers is the president of the clergy , who begins his harang or oration on his knees , but at the kings command he stands up and ●o proceeds bareheaded ; the president ●or the nobility speaks next in the like manner ; but the president for the commons begins and ends his oration on his knees : whilst the president of the clergy speaks , the rest of that order rise up & stand bare , till they are bid by the king to sit down , and be covered ; and so the like for the nobility ; but whilst the president for the comminalty speaks , the rest are neither bid to fit , or to be covered . the grievances and demands being thus all delivered at once , and left to the king and his privy councel without further debate or expence of time , the general assembly of the three estates endeth , expecting afterwards such a redresse to their grievances , as the king and his councel shall think fit . philanglus . these proceedings of france are not much unlike the ancient usage of this kingdome for many ages , when all laws were nothing else but the kings answers to the petitions presented to him , and his councel , as is apparent by many old statutes , and the confession of sir edwar● coke ; and now to acquit my self of my former engagement unto you , i will impart unto you the manner and power o● the parlements of great brittain and ireland ; i confesse 't is more properly the businesse of a lawyer , which i am none ▪ otherwise then what nature hath mad● me , so , every man is a lawyer , and 〈◊〉 logitian also ( who was the first lawyer ) as he is born the child of reason , fo● law and logic are meerly founded upon reason ; this discoursive faculty of reason comes with us into the world accompanied with certain general notions and natural principles to distinguish right from wrong , and falshood from truth . but before i come to the english parlement , a word or two of the parlement● of scotland , and ireland . in scotland about three weeks before the parlement begins , proclamation is made throughout the kingdome , to deliver unto the kings clerk or master of the rols , all bils to be exhibited that sessions , then are they brought to the king , and perused by him ; and only such as he allows are put in the chancelors hand to be proponed in parliament , and no others ; and if any man in parlement speak of any other matter then is formerly allowed by the king , the chancelor tels him there is no such bill allowed by the king : when they have passed them for laws , they are presented to the king , who with the scepter , put into his hand by the chancelor , ratifies them , but if there be any thing the king mislikes they raze it out before . the parlement in ireland is after this manner . no parlement is to be held but at such a season as the kings deputy there doth certifie the king under the great seal of the land , of the causes , considerations and necessity of a parlement ; the causes being approved of by the king a licence is sent under the broad seal of england to summon a parlement in ireland , provided that all such bils that shall be proposed there in parlement , be first transmitted hither under the great seal of that kingdome , and having received allowance and approbation here they shall be put under the great seal of this kingdome , and so return'd thither to be passed in that parlement ; this was called poinings act in the time of king philip and mary . having thus given a concise account of the usage of parlement in our neighbour kingdomes , i will now passe to that of england . every freeholder who hath a voice in the election of knights , citizens , and burgesses to sit in parlement , ought to know well , and consider with what power he trusts those whom he chooseth , in regard the power of the house of commons is derived from that trust : now that which gives authoritie for the freeholders to make their election is the kings writ directed to the sheriff of the county , in which is expressed not only the sheriffs duty in point of summoning ; but the writ contains also the duty and power of such knights , and burgesses that shall be elected ; therefore to know the full extent of the power of parlement , you must have an eye , and observe well the words of the writ ; for the freeholders cannot transfer a greater power then is compriz'd in the writ to those that they appoint their servants in parlement . the writ being us'd to be in latin , few freeholders , god wot , understood it , or knew what they did ; i will faithfully render the said writ to you in english . the king to the vicount or sheriff , greeting . whereas by the advice and assent of our council , for certain arduous and urgent affairs concerning us , the state , and defence of our kingdom of england , and the anglican church : we have ordained a certain parliament of ours to be held at our city of the day of next ensuing , and there to have conference , and to treat with the prelates , great men , and peers of our said kingdom ; we command and strictly enjoyn you , that making proclamation at the next county court after the receit of this our writ , to be holden the day and place afore said ; you cause two knights girt with swords the most fit , and discreet of the county aforesaid , and of every city of that county two citizen ; of every borough two burgesses of the discreet●r and most sufficient , to be freely and indiffer●ntly chosen by them who shal be present a● such proclamation , according to the tenor of the sta●utes in that case made and provided ; and the ●ames of the said knights , citizens and bur●esses so chosen to be inserted in certain in●entures to be then made between you and those ●hat shall be present at such election , whether the parties so elected be present , or absent , and shall make them to come at the said day and place , so that the said knights for themselves , and for the county a●ores●id and the citizens and the burgesses for themselves and the commonalty of the said cities and bor●ughs may have severally from the●● full and sufficients power to do , and to consent to those things which then by the favor of god shal there happen to be ordain'd by the common council of our said kingdom concerning the business aforesaid so that the business may n●t by any mean●●●main undo● for want of such power , or by reason of the improvident election of the aforesaid knights , citizens , and burgesses ; but we wil● not in any case that you or any other sheriff of our said kingdom shall be elected : and at the day and place aforesaid the sai● election , being made in a full county court ▪ you shall certifie without delay to us in our chancery under your seal , and the seals of them which shall be present at that election s●nding back unto us the other part of the indenture aforesaid affiled to these presents together with the writ , witnesse our self at westminster . this commission or writ is the foundation whereon the whole fabrick o● the power and duty of both houses o● parliament is grounded . the first hour● is to parly or have conference , and to treat with the king ; the other house is onely to do and consent unto what the other shall ordain by their help and conference ; so that by this writ we do not find that the commons are called to be any part of the great council of the kingdom , or of the supream court of judicature , much less to have any share in the legislative power , or to consult de arduis regni negotiis , of the difficult businesses of the kingdom , but onely to consent ; and sir edward cook to ●rove the clergy hath no voice in parliament , useth this argument , that in their writ also the words are to come thither ad●onsentiendum , to consent to such things as ●ere ordained by the common council of the ●ingdom ; but the other word ad facien●um , to do , is not in their writ , action being ●ot so proper for them in regard of their ●lerical functions . polyander . then it may be well inferred from what ●ou have produced , that the king with the ●elates and peers is properly the common ●ouncil of the kingdom . philanglus . yes without controversie , nor until the raign of henry the first were the commons called to the parliament at all , or had as much as a consent in the making of laws . camden in his britannia teacheth us , that in the times of the saxon kings , and the ensuing ages , that the great or common council of the land was praesentia regi● praelatorum , procerumque collectorum , the presence of the king with his prelates and peers . selden also tells out of an old cronicle of the church of liechfield , that kin●edward by the advice of his council of baron● revived a law which hath lain dorma● threescore and seven years ; in the sam● chronicle tis said , that william the co●●querer held a council of his barons , an. 〈◊〉 regni sui apud londinias . the next ye●● after he had a council of earles and baro●● at pinend●n heath to decide the great co●troversie 'twixt lanfra●t arch-bishop 〈◊〉 canterbury , and odo earl of kent . in the . of eaward the third , there 〈◊〉 mention made of a parliament held . 〈◊〉 questoris , wherein all the bishops of 〈◊〉 land , ear●s and barons made an ordina●●● touching the exception of the abby of 〈◊〉 from the bishops of norwich . in the second year of william 〈…〉 there is mention made of a parliament 〈…〉 cunctis regni principibus . in the 〈…〉 of his raign there was another parliament at rockingham castle , episcopis , abbatibus , cunctisque regni principibus coeuntibus , wherin the prelates , abbots , and all the chiefe men convened in council . at the coronation of henry the first , all the people of england were called , and laws were then made , but it was , as the story saith , per commune concilium baronum ; in the third year ; the tenth year , and the twenty third year of his reign the same king held a parliament , or great council of his barons ▪ spiritual and temporal . henry the second in his tenth year had a parliament at clarindon , consisting of lords spiritual and secular : in his twenty second year , he had another at notingham , and a while after another at winsor , then another at northampton , wherein there is mention made onely of prelates and peers . richard the first after him held a parliament at notingham in his fifth year , consisting of bishops , earles and barons , which lasted but four days , during which time there were mighty things transacted ; hugh bardelf was deprived of the castle and sheriffswick of york the first day ; the second day he had judgement against his brother johu who was afterward king ; the third day there was granted the king two shilling of every plowd land in england ; he required also the third part of the service of every knights fee for his attendance to normandy , and all the wool of the cistercian monks . the fourth day was for hearing of grievances ; so the parliament broke up , but the same year he convoke● another parliament of nobles at northampton . king john in his first year summoned 〈◊〉 magnates , his great men to a parliament a●winchester , and the words of the roll 〈◊〉 commune concilium baronum meorum , the common council of my barons at winchester . in the sixth year of henry the third , the nobles granted the king for every knight fee two marks in silver at a convention i● parliament ; he had afterwards parliaments at london , westminster , merton , winchester , and marlborough ; now these precedents shew that from the conqust unt●● a great part of the reign of henry the thir● in whose dayes 't is thought the writ 〈◊〉 election of knights was framed first , the b●rons onely made the parliament or commo● council of the kingdom . polyander . by so many strong evidences , and prenant proofs which you produce , i find it to be a ●●ridian truth , that the commoners were no part of the high court of parliament in ages passed : moreover i find in an ancient manuscript , that the commons were reduced to a house , by the advice of the bishops to the king in the brunt of the barons wars , that they might allay and lesson the power of the peers who bandied so many yeers against the crown ; yet to prevent that they should not arrogate too much authority to themselves , ( as asperius nihil est humili cum surgit in altum ) it was done with those cautions th●● they had scarce as much jurisdiction given them as a pyepowders court hath , for they should neither exhibit an oath , nor impose fine , or inflict punishment upon any but their own members , or be a court of record , or grant proxies , therefore it may well be a quere how they can appoint committees , considering that those committee-men whom they choose are no other then their deputies , and act by power and proxy from them . but it is as cleer as the sun that the conquerour , first brought this word parliament with him , being a french word , and made it free denizon of england being not known before ; for therein the normans did imitate the romans , whose practise was that wheresoever they conquered , they brought in their language with the lance as a mark of conquest ; i say that besides those instances you produce , i could furnish you with many in the saxons times who govern'd by the councel of the prelates and peers , not admitting the commons to any communication in affairs of state : there are records hereof above a thousand yeer old in the reign of king i a , offa , and ethelbert ; and the rest of the seven kings during the heptarchy , they called their great councels and conventions , then michael smoth , michael gemote , and witenage mote , wherein the king and nobles with the bishops onely met , and made laws ; that famous convention at gratley by king athelstan was compose'd onely of lords spiritual and temporal ; such also was that so much celebrated assembly held by canutus the dane , who was king of england , denmark , and norway : edward the confessor established all his laws thus , and he was a great legislator . the british kings also who retain'd a great while some part of this island unconquered , governed and made laws this way by the sole advice of their nobles whom they call arglwyded ; witnesse the famous laws of prince howel called howel dha ( the good king howel ) whereof there are yet extant some welch records , and divers of those laws were made use of at the compilement of magna charea . but in your discourse before , among other parliaments in henry the third's time , you make mention of one that was held in , of his reign , at marlbourough , at which time braston the great lawyer was in high request , being lord chief justice : they that would extenuate the royal prer●gative insist much upon a speech of his , wherein he saith , the king hath a superiour god , he hath also the law by which he is made ; as also the court , viz. the earls and barons , but not a word of the commons : but afterwards he doth interpret , or rather correct himself , when speaking of the king , hee resolves thus , nec potest ei necessitatem aliquis imponere quòd injuriam suam corrigat & emen●et , cùm superiorem non habeat nisi deum , & satis erit ei ad poenam quòd dominum expectet ultorem . nor ( saith he ) can any man put a necessity upon the king to correct and amend his injury , unlesse he wil himself , since he hath no superior but god : it will be sufficient punishment for him to expect the lord for his avenge : to preserve the honour of this great judge , the lawyers found out this distinction , that the king is free from the coer●ive power of laws and councellors , but he may be subject to their directive power , yet according to his own will and inclination , that is ; god can onely compel or command him , but the law and his courts may onely advise and direct him ; but i pray sir excuse me that i have so much interrupted you in your discourse . you may please now to proceed . philanglus . to prove my assertion further , that the commons were no part of the high court , and common councel of england , i will make use of the testimony of mr. pryn , who was in such high repute most part of the late long parliament , and appeared so eage● for the priviledge and power of the lower house : in his book of treachery and disloyalty , he proves that before the norman conquest by the laws of edward the confessor , the king was to do justice by the councel of the nobles of his realm : he would also prove that the earls and barons are above the king , and ought to bridle him when he exorbitates from the law , but not a syllable of the commons . he further tels us , that the peers and prelates have oft translated the crown from the right heir , whereof out of his great reading he urgeth divers examples ; first , after king edgars decease they crowned edward who was illegitimate , and put by ethelred the right heir : then they crowned canutus a meer forraigner in opposition to edmund the lawful heir to ethelred . harold and hardicanute were both elected kings successively without just title , the lords putting by edmund and alfred the rightful heirs . upon the death of herold the english nobility enacted that none of the danish blood should raign any more over them ; edgar atheling was rejected by the lords , and though he had the best title , yet they elected harold . he goes on further in prejudice of the commons , saying that the beginning of the charter of henry the first is observable , which runs thus , henry by the grace of god king of england , &c. know ye that by the mercy of god and common council of the barons of the kingdom , i am crowned king . mawd the empress was the right heir , but she was put by the crown by the prelates and barons , and steven earle of mortmain who had no good title , was heav'd up into the throne by the bishops and peers . lewis of france was crowned king also by the barons instead of king john , and by the same barons was uncrowned , and sent back to france . in all these high transactions , and changes , mr. pryn confesseth the commoners had nothing to do the despotical and ruling power as well as the consultative being in the council of prelates , and peers ; and if mr. pryn could have found halfe so much antiquity for the knights citizens , and bourgesses , without question we should have heard from him with a witness ; but while he converseth with elder times , he meets not with so much as the names of commoners in any record . polyander . how then came the commoners to sway so much of late years , and challenge such an interest , in the publique government , and making of laws ? philanglus . it is a certain truth that in former ages the kings of england , as well saxons , danes , normans , and english kings did steer the course of their government by the advice of their own privy council , and in extraordinary cases by the compasse of the great council consisting onely of spiritual and secular barons , whom they convoked by royal summons when they pleased ; i told you this word parliament came in with the norman ; yet the commons were not call'd to parliament till that raign of henry the first , which was a good while after the conquest ; to which purpose sir , walter raleigh writes , saying it is held that the kings of england had no formal parliaments , till about the . year of henry the first , at which time the commons were summoned , and the great charter was granted : and if we believe sir walter raleigh and others , the house of commons , and magna charta had first but obscure births , being sprung from userpers , and fostered afterward by rebellion : for king henry the first did but usurp the kingdome , and therefore to secure himself the better against robert his eldest brother , he courted the the commons , and granted them that great charter , with charta de foresta ; which king john confirmed upon the same grounds , for he was also an usurper , arthur duke of britain being the undoubted heir of the crown , so the house of commons and these great charters had their original from such that were kings de facto not de jure . polyander . it is observed that usurpers are commonly the best law makers , which they do to ingratiate themselvs the more to the people , as besides these kings you have named , richard the third did , who was said to be a good king though a bad man , a character clean contrary to that i heard some abroad give of the last king ▪ who they said was a good man but an ill king ; but i pray be pleased to proceed . philanglus . whereas i told you before that it was in the raign of henry the first , that the people were admitted to the common council of the kingdome , yet they were not constantly called , for though the said king called them to his coronation , and againe in the . or . year of his reign , yet he did not so alwayes , neither many of those kings that succeeded . polyander . i remember to have read one remarkable passage in the reign of henry the first , that in his third year for the marriage of his daughter , he raised a tax upon every hide of land , but he did this by the advice of his privy council alone without consulting publiquely with either prelate , peer , or people . philanglus . so did divers of his antecessors , and successors also after the commons were admitted to partake of the common council ; but to illustrate this point further , notwithstanding that the commons were sought unto in henry the first's time , yet they were not constantly and formally sent unto till henry the third , in whose reign the writs of summons for elections were first issued ; but the succeeding kings assum'd a power to regulate those writs at pleasure by the sole advice of their privy council , as we read in the time of henry the sixth , who was the first framer of that famous ordinance , whereas elections of knights have been made with great outrages , and excessive number of people , of which most part was people of no value , yet pretend a voice equivolent to worthy knights and esquires , whereby many riots , manslaughter , and division among gentlemen shal likely be , our lord the king hath ordain'd that knight of shires be chosen by people dwelling in the counties , every one of them having lands or tenements to the value of s. per annum , at least , and that he who is chosen be dwelling and resiant within the counties where they are elected . polyander . but did not the kings of england reserve a power to except against any that came to parliament ? philanglus . mr. camden speaking of the dignities of barons , saith , that it was ordained and decreed in the reign of henry the third , that all those earls and barons unto whom the king himself vouchsafed to direct his writs of summons should come to his parliament , and no others : and this rule edward the first constantly observed , and continued ; for as c●mden hath it , that prudent king summoned alwaies those of ancient families , and who were most wise to his parliament , and omitted their sons after their death , if they were not answerable to their fathers in understanding ; in another place he saith , select men for wisedom and worth among the gentry were called to parliament , and their posterity omitted , if they were defective herein . polyander . if the king hath a power to except against a nobleman from sitting in parliament , sure , by an argument à majori ad minus , he may do it against a commoner . philanglus . it should be so in reason , and queen elizabeth , who was so great a darling of her people , did practise her power that way often . but the modesty of the house of commons was very great in former times , for they did arrogate no more power then what the kings writ gave them , they evaded matters of state as much as they could . . of edward the third , a parliament was called to consult of the domestick quiet , the defence of the marches of scotland , and security of the seas from enemies ; the commons were desired their advise herein , but they humbly desired not to be put to consult of things , queu●ils n'ont pas cognisance . things whereof they had no cogn●sance . in . of the same king , the commons being mov'd for their advice touching a prosecution of a war with france , by an elegant speech of justice thorp , after four days consultation , they answered , that their humble desire to the king was , that he would be advised there●n by the lords being of more experience then themselves in such affairs . in the . year of richard the second , the parliament was call'd to consult , whether the king should go in person to res●● the great city of ga●nt , or send an army the commons being ask●d their advice , the humbly answered by sir thomas ●uckerin● their speaker that the councils of wa● did more aptly belong to the king and 〈◊〉 lords . the next year after the commo● are willed to advise of the articles 〈◊〉 peace with france , but they modestly e●cuse themselves as too weak to counsell in ● weighty mat●ers : and being charged agai● as they did tender the repute of the county , and right of their king , the humbly de●ivered their opinions rathe● for peace then warre : such was the moderation and modesty of the house of commons in former times that they decline● the agitation and cognizance of hig● state affairs , specially forraign , humbl● transferring them to their soveraign , an● his vpper council ; a parliament ma● then , ( i mean a member of the commons house ) thought to be the adequ●● object of his duty , to study the welfare to complain of the grievances , and hav● the defects supplyed of that place fo● which he served : the bourgesse of 〈◊〉 studied to find out something that mough● have aduanced the trade of fishing : he 〈◊〉 norwich what mought ▪ have advantage the making of stuffs : he of rye , what might preserve their harbour from being choaked up with shelfs of sands : he of taverston , what might have further'd the manufacture of kersies : he of suffolk , what conduced to the benefit of cloathing : the burgesses of cornwal what belong'd to their stanneries , and in doing this they thought to have complyed with the obligation , and discharg'd the conscience of honest men , without soaring to things above their reach , and roving at random to treat of universals , to pry into arcana imperii , and bring religion to the bar , the one belonging to the chief governour , and his intern councel of state , the other to divines who according to the erymology of the word use to be conversant , and imploy their talent in the exercise and speculations of holy and heavenly things . polyander . i am clearly of your opinion touching the two last , particulars ; for secrecy being the soul of policy , matters of state should be communicated to the cognizance and deliberations of few , viz. the governor in chief , and his privy councel : and touching religion , i do not see ( humbly under favour ) how it may quadrat with the calling of laymen to determine matters of divinity , and discusse points of faith . but though the establishment of the house of commons be a wholesome thing in it self , i heard it censur'd beyond the sea , that there is a great incongruity in one particular , which is , tha● the burgesses are more in number then the knights of shires , for the knights 〈◊〉 shires are commonly gentlemen we● born , and bred , and divers of them verse● in forraign governments as well as the law● of the land : but the burgesses of town● are for the most part all trades-men , and being bred in corporations they are more inclining to popular governmen● and democracy : now , these exceeding th●knights in number , carry all before then by plurality of voices , and so puzzle the proceedings of matters : but now tha● i have mentioned corporations , i must 〈◊〉 you that the greatest soloecism in the polic● of this state is the number of them , specially this monstrous city , which is composed of nothing else but corporations which smell ranck of little republiques 〈◊〉 hanses ; and it was a great errour in the last two kings to suffer this town to sprea● her wings so wide , for she bears no proportion with the bignesse of the island , but may fit a kingdom thrice as spacious ; she ingrosseth and dreins all the wealth of the land , so that i cannot compare england more properly then to a cremona goose in italy . where they have a way to fatten onely the heart of the goose , but in doing so they make the rest of the whole body grow leanand lank : and as it was an errour so to suffer her to monopolize the trade and riches of the land , so it was in letting her gather so much strength in exercise of arms , by suffering her to have such an artillery garden , and military yard ; which makes me think on a speech of count gondamar the spanish embassadour , who being invited by the king to see a muster of the citizens in st. jame's fields ; after they were gone , he was ask'd by the king how hee lik'd his citizens of londons ? truly sir , said he , i have seen a company of goodly able men , with great store of good arms ; but , sir , i fear that these men will do you a mischief one day , for the conceit wherewith they may be puffed up for the knowledge they have in handling their arms , may heighten their spirits too much and make them insolent : my master the king of spain , though there breaths in his court well neer as many souls as there are in london , and though he be in perpetual war with some or other ; yet i● his court he is so peaceable that one shall see no sign of war at all , hee suffers not any armed men to strut under his nose , there is neither artillery garden , or military yard there at all , but onely a fe● partisians that guard his body ; therefore , as i said before , these men may do you majesty an ill turn one day , and whether gondamar was a prophet herein or no , judge you . but i pray , sir , be pleased to dispense with me for these interruptions ! give to your former discourse touching parliaments . philanglus . having formerly spoken something of the original duty and power of the great councel of the kingdom with the primitive institution of the house of commons , i will proceed now to that grand question , where the supream legislative power resides ? certainly , if we examine the writs of summons for both houses , with the bodies and titles of our ancient acts of parliament , we shall find the supremacy and power of making laws to rest in the king or governour in chief : now when the parliament is stiled the supream court , it must be understood properly of the king sitting in the house of peers in person , and but improperly of the lords without him ; it is granted that the consultative ▪ directive , or deliberativ● pa●er is in the house of peers , the performing and consenting power , in the house of commons , but the legislative powers lodgeth in the person of the king ; for parliaments are but his productions , they derive their being from the breath of his writs : he as sir edward cook doth positively affirm , is cap●t , principum , & finis , he is the head , he is the beginning and ending , the alpha and omega of parliaments . pol●ander . but some affirm that the legislative power is in the two houses ; and that they are above the king . philanglus . the difference 'twixt the king or supream magistrate , and the parliament , is this , that the one represents god , the other the people : 't is true , as i said before , the consultative power is in parliament , and 't is but by the kings permission , the commanding power resides stil in the chief governor , and is inseparable from him , the results and productions of parliament , at best are but bills , 't is the kings breath makes them laws , till then they are but dead things , they are like matches unfired , 't is the king that gives life and light unto them : the lords advise , the commons consen● , but the king ordains ; they mould the bills , but the king makes them laws , therefore they are ever after called the kings laws , the kings judgments : the lords , &c. have the indicatif part , but the king the imperatif : the liberties also of the people flow all from him , for magna charta begins thus , henry by the grace of god , know ye that we of our meer and free will , have given these liberties : in the self same stile runs charta de foresta . the statute of marlborough . . henry the third , runs thus , the king hath made these acts , ordinances , and statutes which he willeth to be observed of all his subjects high and low . . edwardi primi , the title of the statute is ; these are the acts of king edward , and after it it follows , the king hath ordained these acts ; the first chapter begins , the king forbiddeth and commandeth that none do hurt , damage , or grievance to any religious man , or person of the church ; and in the . chapter , the king prohibitet●s that none do ravish , or take away by force any maid within age . . edward the first , it is said , our soveraign lord the king hath established the acts , commanding they be observed within this realm : and in the . chap. the words are , the king of his special grace granteth that the citizens of london shall recover in an assize damage with the land . the statute of westmin . saith our lord the king hath ordained that the will of the giver be observed and in the . chapter , our lord the king hath ordained , that a woman after the death of her husband shal recover by writ of entry . the statute of quo warranto saith our lord the king at his parliament of his special grace , and for affection which he beareth to his prelates , earls and barons , and others , hath granted that they who have liberties by prescription shall enjoy them . in the statute de finibus l●vatis , the kings words are , we intending to provide remedy in our parliament have ordained , &c. . edward the first , the king wills that the chancellour , and the justices of the bench shall follow him , so that he may at all time have some neer unto him that be learned in the laws : and in the . chapter the words are , our lord the king after full conference and debate had with his earles . barons , and nobles by that consent hath ord●ined . the stat●●e de tallagio speaks in the kings person no officer of ours , no ●allage shall be taken by us , we will and 〈◊〉 . . edward the second begins thus , our lord the king willeth and commandeth . the statute of the . of the same king , saith , our lord the king by the assent of the prelates , earls , and other great states hath ordained . the statute of carlile saith . we have sent our command in writing firmly to be observed . . edward● . begins thus , king edward the third , at the request of the comminalty , by their petition before him , and his council in parliament hath granted , &c. and in the . chapter . the king willeth that no man be charged to arm himself otherwise then he was wont . . edward the third , our lord the king at the request of his people , hath establ●sh●d these things which he wills to be kept . . of the same king there is this title , our lord the king by the assent , and advice of his councel being there , hath ordain'd , &c. in the year of the same king it is said . because our lord the king hath receiv'd by the complaints of the earls , barons , also at the shewing of the knights of the shires , and the commons bytheir petition , in his parliament , &c. hath ordain'd by the assent , and at the request of the said knights and commons , &c. but very remarkable is that of of edward the third , where it is said , the king makes the laws by the assent of peers and commons , and not the peers and commons . the statute of ●ric . ● . hath this beginning , richard the second by the assent of the prelates , dukes , earls , and barons , and at the instance and special request of the commons hath ordained . as for the parliaments in henry the fourth , henry the fifth , henry the sixth edward the fourth ▪ and richard the thirds reign . most of them do all agree in this one title , our lord the king by the advice and assent of his lords , and at the special instance and request of the commons , hath ordained . the statutes in henry the seventh days , do for the most part agree both in the titles and bodies of the acts in these words , the king by the assent of the lords spiritual and temporal , and the commons 〈◊〉 parliament assembled , hath ordained . but very remarkable it is , that the house of commons was never petitioned unto till henry the sevenths reign , and 〈◊〉 was about the middle thereof ; which petition is inserted among the statutes , but though the petition be directed to the house of commons in point of title , yet the prayer of the petition is turn'd to the king , and not to the commons . the petition begins thus , to the right worshipful commons in this present parliament assembled , shews to your discreet wisdoms the wardens of the fellowship of the craft of upholsters within london , &c but the conclusion is , therefore it may please the kings highnesse by the advice of the lords spiritual and temporal , and his common i●● parliament , &c. thus it appears that in our fore-fathers days it was punctually expressed in all laws that the statutes and ordinances were made by the king : and withall , it is visible by what degrees the stiles and titles of acts of parliament have been varied , and to whose advantage . the higher we look the more absolute we find the power of kings in ordainin● laws , nor do we meet with at first so much as the assent or advice of the lords mentioned . nay , if one cast hi● eye upon many statutes of those that be of most antiquity , they will appear to be no other things but the kings pleasure , to whom the punishments of most offences were left : the punitive part which is the chiefest vigour of the law we find committed by the statutes themselves to the kings meer wil and pleasure , as if there were no other law at all , witnesse these precedents . . edward the first , the ninth chapter saith , that sheriffs , coronets and bayliffs for concealing of felonies shall make grierous fines at the kings pleasure . such as shall be found culpable of ravishing of women shall fine at the kings pleasure . the penalty for detaining a prisoner that is mainpernable is a fine at the kings pleasure . offenders in parks or ponds , shall make fines at the kings pleasure . committers of champarty , and extortioners are to be punished at the kings pleasure . purveyors not paying for what they take shall be grievously punished at the kings pleasure . the king shall punish grievously the sheriff , and him who maintains quarrels . taker away of nuns from religious houses to be fined at the kings will . if a goldsmith be attainted , for not assaying , touching and working vessels of gold , he shall be punished at the kings pleasure . there is a notable saying declar'd in the . yeer of henry the fourth , viz. potestas princip●s non est inclusa legibus , the power of the prince is not curb'd by law . in the . yeer of henry the fifth , there was a law made , wherein there is a clause , that it is the kings regality to grant or deny such petitions as he please . . henry the sixth , an ordinance was made to indu●e as long as it should please the king . now for further proof , that the legislative power is in the king , or supr●am magistrate , it is to be observed , that as sir edward cook saith . all acts of parliament in former times , were in form of petitions ; how , if the petitions were from parliament , and the answer from the king , 't is easie to judge who makes the acts : moreover sir john gla●vil affirms , that in former times the way of petitioning the king , was this : the lords , and speaker either by words or writing preferr'd their petition to the king , ( which was afterwards called a bill ) which petition being receiv'd by the king , he received part , and part he put out , and part he ratified , and as it came from him it was drawn to a law . furthermore it appears that ordimances , provisions and proclamations made heretofore out of parliament have been alwayes acknowledged for laws , and statutes . the statute call'd the statute of ireland , dated at westminster , . feb. . hen. the third , was nothing else but a letter of the kings 〈◊〉 gerard son of maurice justicer of ireland 't is hard to distinguish among the old statutes what laws were made by kings in parliament , what out of parliament , when kings called the peers only to parliament , ( and of those as many and whom they pleased ) it was no easie matter to put a difference 'twixt a proclamation and a statute ; or 'twixt the kings privy counsel , and his common counsel of the kingdom . in the statute of westminster 't is said , these are the acts of king edward the first , made at his first parliament by his council , &c. the statute of burnel hath these words , the king for himselfe , and by his councel , hath ordained and established . when magna charta was confirmed , there are found these two provisions in articules super chartas . first , nevertheless the king and his council do not intend by reason of this statute to diminish the regal right . the second , notwithstanding all these things before mentioned , or any part of them , both the king and his council , and all they who are present , will , and intend that the right and prerogative of his crown shall be saved to him in all things . the statute of escheators hath this title , at the parliament of our soveraign lord the king , by his council it was agreed , and also by the king himself commanded . the statute made at york , edward the third , goeth thus , the king by the advice of his council hath ordained . now touching the kings council , i mean his privy council , it hath been alwayes of great authority , and extreamly useful in the publick government of the common-wealth , and all kings have acted most by it . king edward the first , finding that bogo de clare was discharged of an accusation brought against him in parliament , yet he commanded him nevertheless to appear before him , & his privy council , ad faciendū & recipiendū quod per regem , & ejus concilium faciendum , and so proceeded to a re-examination of the whole business . edward the third in the star-chamber , which was the ancient councel table of the kings , upon the complaint of elizabeth audley commanded james audley to appear before him and his councel , where a controversie was determin'd between them touching land contained in her joynture . henry the fifth , in a sute before him and his councel for the titles of the mannors of serre , and saint laurence in the i le of thanet in kent , sent order for the profits to be sequestred till the right were tryed . henry , the sixt , commanded the justices of the bench to stay the arraignment of one varney in london , till they had commandement from him , and his councel . edward the fourth , and his privy councel heard , and determined the cause , of the master , and poor brethren of st. leonards in york , complaining that sir hugh hastings and others , withdrew from them a great ●art of their living , which consisted chiefly upon the having of a thrave of corn upon every plowland within the counties of york , cumberland , &c. henry the seventh , and his privy councel commanded that : margery and florence becket should su● no further in the cause against alice radley , widow for lands in woolwich and plumstead in kent . in henry the thirds time , an order or provision was made by the kings council , and it was pleaded at the common law in ba● to a writ of dower . we find also that it hath been very usual for the judges before they would resolve or give judgements in some cases to consu●● with the kings privy council . in the case of adam brabson who was assaulted in the presence of the justices of assise at westminster , the judges would not proceed without the advice of the kings privy council . green and thorp were sent by the judges to the kings privy council to demand of them whether by the statute of edward the third , a word may be amended in a writ . in the . of edward the third , in the case of sir thomas ogthred , who brought a formedon against a poor man and his wife , the judges said , sue to the kings council , and as they will have us to do , we will do , and no otherwise . thus we find that the court-council did guide and check the judges oftentimes , yet the judges have guided the great common council , or high court of parliament . polyander . i find that you have studied the point of king and parliament , to very good purpose , by these choice instances you have produced ; but i find that though the parliament hath been held the great councel of the kingdom , yet the ordinary way of government was by the king or soveraign magistrate , and his councel of state : for the great councel ( without disparagement ) may be called the production of the privy councel , witnesse the words of the writ of summons . but since you have proceeded so far , i desire to know , whether by an implicit faith we are to obey what the parliament determines ; or whether it may err or no , and what are those priviledges it hath . philanglus . i shall do my indeavour to satisfie you in all ; touching the first , no doubt but we are to acquiesce in what a true parliament ordains , for it is generally binding , and requires an universal obedience , because it bears the stamp of royal authority , and of the supream magistrate ; who is the head of the parliament , who is to consult with his judges , and privy council must be satisfied in conscience of the justnesse , of such bils that he is to passe for laws , because afterward he is to protect them , and his soul lyes by oth at the stake for the defence and safeguard of them ; he is also to consult with his learned and privy councel whether they trench upon his royal prerogative , and then his answer is , you know it , le roy s' avisera , the king will consider of it , which though in civil terms , is equivolent to a flat denyal . touching the second point , sir edward coke tels us that parlements have been utterly deceived , and that in cases of greatest moment , specially in the interpretation of laws , and in that point the twelve judges , who are called the sages and oracles of the law , are to be beleeved before the parliament , whose office is more to make new laws , then to expound the old ; parliament● being composed of men may erre ; mr. pryn , as i alledged before , tels us how many usurpers they have preferred before the rightful heirs ; how often did henry the eight make parliaments the panders of his lust ; in whose time there are three acts observable . . that proclamations shold be equivalent to laws . . that queen elizabeth was illegitimat . . that the king in his will might name whom he pleas'd to be his successor : besides in lesse then four yeers , religion was changed twelve times in his raign by parliament . polyander . touching the last act of naming a successor , i have seen a manuscript which makes mention that henry the eight som . yeers before his death summoned a parliament , wherein he intimated unto them , that one of the main designs of convoking that parliament , was , that they should declare a successor to the crown ; but the parliament with much modesty answered , that touching that point , it belonged to his majesty to consider of it , and consult with his learned and privy councel about it ; and whomsoever his majesty would please to nominat in his last will , they would confirm and ratifie ; whereupon old harry made a formal will , which was enrolled in the chancery , wherein ( remembring the perfidious carriage of james the fourth , his brother in law ) he declared the issue of his eldest sister , the queen of scotts , being forreners , incapable to inherit , and the issue of charles brandon , after the progeny of his own body , to succeed next : this will continued in the chancery all edward the sixts time , till queen mary , who about the midst of her reign did cancel it . but now sir , be pleas'd to pardon this parenthesis , and resume the thread of your former discourse , in displaying what are the priviledges of parliament which were so much insisted upon , and cried up in the late long parliament , till they swell'd so high , that they swallowed up and devour'd the prerogative . philanglus . if we will give credit to sir ed. coke , who was a great champion of the house of commons , and no friend to prerogative ( which he was us'd to call that great monster ) the priviledge of freedom from arrests is the onely priviledge of parliament . he cannot or at least , he doth not so much as name any other in his section of the priviledge of parliament ; neither is this priviledge so unquestionable and cleer as some do imagine , as divers examples may be produced in the reign of queen elizabeth , who was so great a darling of the commons : in the . of her reign , sir ed. hobby , and mr. brograve attorney of the dutchy were sent by the house to the lord keeper , to require his lordship to revoke two writs of subpoena's which were serv'd upon mr. tho. k●●vet a member of the house ; the lord keeper demanded of them whether they were appointed by any advised consultation of the house to deliver this message unto him with the word require ; they answered , yes ; he replyed as he thought reverently and honourably of the house , and of their liberties and privileges , so to revoke the said subpoenas in that sort was to restrain her majesty in her greatest power which is in the publick administration of justice in the place wherein he serves her , therefore he concluded , that as they had required him to revoke his writ , so he did require farther deliberation . eliz. report was made by the attorney of the dutchy upon the committee for the delivering of one mr. halls man , that the committee found no precedent for setting at large by the mace any person in arrest but onely by writ , and that by divers precedents of records perus'd by the said committee it appeared that every knight , citizen or burgesse , which doth desire privilege , hath used in that case to take a corporal oath before the lord chancellor or keeper for the time being . that the party for whom such writ is prayed came up with him , and was his servant at the time of the arrest made ; thereupon mr. hall . was directed by the house to repair to the lord keeper , and make oath , and then to take a warrant for a writ of privilege for his servant . eliz. richard coke , a parliament member , being served with a subpoena of chancery : the lord keeper boldly answered , that he thought the house had 〈◊〉 such privilege against subpoenas , as they pretended : neither could he allow of any precedents of the house used in that behalf , unlesse the house of commons could also prove the same to have been likewise allowed , and ratified by precedents in the high court of chancery . now , the original writ for election ; which is the foundation of the whole business , makes mention of no such privilege , and 't is a rule that to vary from the meaning of the writ makes a nullity of the cause , and the proceedings thereupon : for where a commissioner exerciseth more power then is warranted by his commission , the act is not only invalid but punishable . now the end and scope of privileges of parlement , is not to give power to do any publick act not warranted by the writ , but they are intended as helps only to enable the members towards the performance of their duties , and so are subservient to the power comprized in the writ ; for instance , the freedom from arrests doth not give any power at all to the house of commons to do any extraordinary act thereby , but the members are made the more capable to attend the publick service by being free from the trouble of arrests ; so that this privilege giveth no further power at all , but only helps to the execution of the power derived from the royal writ ; nor can the freeholders by their elections give any such privilege of exemption from arrests , but it is the meer gift , and grace of the soveraign prince , yet in point of treson , felony or breach of the kings peace this privilege extends not ; now , privileges are things contrary to law , or at least they serve as a dispensation against law , intended originally for the better expediting of the kings businesse , or som publik service . nor could the house of commons punish any for breach of this their privilege till they had conferr'd with the lords , and till the punishment had been referred by them to the commons ; there is a notable example hereof in the . of henry the eight , george ferrers the kings servant and burgesse of plymouth going to parliament , was arrested by process out of the kings bench for debt ; which being signified to sir thomas moyl then speaker , the sargeant that attended the house was sent to the counter to demand ferres , the officers of the counter refuse to deliver him , an● giving the sergeant ill language a scu●●● happened ; the sheriff of london being sent for , took part with the counte●● and so the sergeant returned without the prisoner ; this being related to the house of commons , they would sit no longer without their member , and desiring a conference with the lords , sir thomas a●dly then chancellour , and the rest judged the contempt to be very great , and referred 〈◊〉 punishment thereof to the house of commons it selfe . concerning liberty or freedome of speech which is held another privilege of parliament ; there is a speech of sir thom●● moors upon record , who being chosen speaker , . henry the eight , he first disabled himself , and then petitioned the king in the behalf of the house , that if i● communication and reasoning any ma●● should speak more largely then of duty be ought to do , all such offences should be pardoned , which was granted and entre● upon record . in which petition it is observable , that liberty or freedom of speech is not a power for men to speak wha● they will or please in parliament , it is ● priviledge onely not to be punished , but pardoned for the offence of speaking more largely then in duty they ought to do ; which in a right construction must be understood of rash , unadvised , ignorant , or negligent escapes , and slips in speech , not for willfull , malicious , much lesse for treasonable speeches : and then the kings pardon was desired to be upon record that it might be pleaded at bar to all actions . there is a speech upon record in queen elizabeths time , wherein the commons were warn'd not to meddle with the queens person , the state , or church-government . polyander . i have heard of divers traverses that hapned in the reign of that popular and long lived queen , which trenched as much , if not more upon the priviledges of parliament , and the liberties of the people , then any that happen'd in the reign of the two last kings . philanglus . it is very true , and i will give you some instances drawn from good authentick records : . elizabeth , mr. paul wentworth moved in the house for a publick fast , and for a sermon every morning at seven a clock before the house sate : the house hereupon was divided , were against it , and for it , and so an order passed accordingly ; the queen being told hereof sent a message to the house by her vice-chamberlain ; that her highnesse had great admir●●tion of the rashnesse of the house in commit●ing such an apparent contempt of her expresse command , as to put in execution such an innovation without her privity or pleasure fist known . thereupon mr. vice-chamberlain moved the house to make an humble submission to her majes●y , acknowledging the said offence and contempt , and to crave remission for the same , with●●full , purpose to forbear the committing of the like hereafter : so by the suffrage of the whole house , mr. vice-chamberlain carryed their submission to the queen accordingly . elizabeth , mr. peter wentworth , and sir henry bromley delivered a petition to the lord keeper desiring the lords of the upper house to be suppliants with them of the lower house unto her majesty for entayling the succession of the crown , whereof a bill was ready drawn . the queen was highly displeased herewith , and charged her councel to call the parties before them , so sir thomas henage was sent to fetch them ; so they were first commanded to forbear going to the house , and not to go out of their several lodgings ; afterward they were called before the lord tresurer , lord buckhurst , and sir thomas henage : wentworth was committed to the tower , and bromeley to the fleet , together with mr. stevens , as also mr. welch knight for worcestershire . the queen sent a notable check to the house of commons . of her raign for chosing and returning knights of the shire for norfolk , a thing impertinent for the house to deal withall , and belonging only to the office and charge of her chancellor from whom the writs issue and are return'd . in one parliament , when mr. coke , afterwards sir edward coke , was speaker , the queen sent a messenger or sargeant at arms into the house of commons , and took out mr. morris , and committed him to prison , with divers others , for some speeches spoken in the house ; thereupon mr. wroth moved the house that they would be humble sutors to her majesty , that she would be pleased to enlarge those members of the house that were restrain'd , which was done accordingly ; and answer was sent by her privy councel , that her majesty had committed them for causes best known to her self , and to presse her highuesse with this suit would but hinder the whole good they sought : that the house must not call the queen to an account for what shee doth of her royal authority : that the causes for which they are restrain'd may be high and dangerous : that her majesty liketh no such questions , neither doth it become the house to search into matters of that nature . the commons were told . elizabeth , that their priviledge was yea and no : and that her majesties pleasure was , that if the speaker perceived any idle heads , which would not stick to hazard their own estates , but meddle with reforming the church , and trans forming the common-weal by exhibiting bills to that purpose , the speaker should not receive them till they were viewed and considered by those who are sitter to consider of such things , and can better judge of them : moreover , the queen rejected . bills which had passed both houses , in that parliament . the house of commons by their speaker . elizabeth , complained of some monopolies , whereupon the lord keeper made answer in her majesties name , that her highnesse hoped her dutiful and loving subjects would not take away her prerogative , which is the chiefest flower in her garland , the principall and h●ad pearl in her crown and diadem , but that they will rather leave that to her own disposition . sergeant heal said . elizabeth . publiquely in parliament , that he marvelled the house stood either at the granting of a subsidy or time of payment , considering that all we have is her majesties , and she may lawfully at her pleasure take it from us , in regard she had as much right to all our lands and goods , as to any revenew of the crown , and he said he could prove it by precedents in the raign of henry the third , king john , and king steven . this speech agrees with that which sir edward coke hath in his institutes , where he saith positively . that the first kings ▪ of this realm had all the lands of england in demesne , and the great mannors and royalties they reserved to themselves , and enfeoffed the barons of the remnant for the common defence of the kingdom , there was a remarkable passage happen'd in the raign of henry the fourth ; the house of commons petitioned the king that they might have advice , and communication with certain lords about matte●● of businesse in parliament for the commo● good of the kingdom , which prayer , as the record hath it . our lord the king graciously granted , but with this protestation . that he did it not of duty , nor of custom , but of his special grace . so our lord the king charg'd the clerk of the parliament , that this protestation should be entred upon record in the parliament roll . this the king made known to them by the lord say , and his secretary : who told them that our lord the king neither of due , nor custom ought to grant any lords to enter into communication with them of matters t●uching the parliament , but by his special grace at this time he granted their request in this par●icular : and the said steward and secretary brought the king word back from the commons , that they knew well they could not have any such lords to commune with them of any businesse of parliament without special grace , and command from the king himself . polyander . but it is not the priviledge of parliament to examine misdemeanours of juridical courts , and officers of state according to lex repetundarum ? philanglus . this cannot be called properly a priviledge , for there is not the meanest subject , but hath liberty on just cause to question any court or officer , if he suffer by them ; yet it hath been esteemed a great favour from the prince to permit such examinations ; for we read that when the lords were displeased with the greatnesse of piers gaveston , 't is said , that in the next parliament , the whole assembly obtained leave of the king to draw articles of their grievances , which they did , two whereof were ; that all strangers should be banish'd the kingdom ( whereof gaveston was one . ) the second was , that businesses of state should be treated by the clergy and nobles . polyander . though the cognizance and debatings of great affairs of state , belong to the high court of parliament , yet i have read that oftentimes , the lords have transmitted such businesses to the kings privy council . philanglus . 't is a great truth , and many instances might be produced for proof thereof ; among others , when one mortimer , who stiled himself captain mendall ( otherwise called jack cade ) came with the rabble of the vulgar , with a petition to the lower house , the commons sent it up to the lords , and the lords transmitted it to the kings privy council to consider of . polyander . but the granting of subsidies is a peculiar priviledge of the house of commons . philanglus . i think not , for it is an unquestionable truth , that subsidies were raised , and paid before ever the commons were called to sit in parliament : the great and long subsidie of dane-ghelt was without any gift of the commons , or of any parliament at all as can be proved ▪ henry the third imposed a subsidie of two marks in silver upon every knight fee only by the advice of his councel . the words of the king when hee passeth the bill of subsidie are observable , which are these : le roy remercie ses loyaux subjects , accept lour benevolence , & aussy ainu● le ve●lt , the king thanks his loyal subjects , accepts of their good will , and also will have it ; which last words make the act of subsidy a law to bind every man to the payment of it ; in so much that the parliament cannot impose a peny upon the subject without the king , nor can the free-holders whom they serve , invest any such power in them . polyander . i finde by the substance of your discourse , that not onely all power and grace , but all parliamentary priviledges flow from the concession of the soveraign prince , and chief magistrate . philanglus . yes , without controversie you know ( as a gentleman wittily observes ) t is an axiom in philosophy , quod dat formami . that which gives the form , gives the consequence of the form ; the king by his writ gives the very essence , and form to the parliament , being the production of his breath , therefore priviledges which are but consequences of the form must necessarily proceed from him . in the . of king james , a declaration was sent from new-market to the parliament , wherein he asserts ; that most priviledges of parliament grew from precedents , which she wrather a toleration that an inheritance , there●ore he could not allow of the stile they us●d to him , c●lling it their ancient and undoubted rights and inheritance , but could rather have wished they had said , their priviledges were derived from the ●race and permission of his anc●stors and himself . thereupon he concludes . that he cannot with patience endure his subjects to use such antimonarchical words concerning their libertie , except they had subjoyned , they were gran●ed unto them by the grace , and favour of his progenitors ; yes he promiseth to be careful of whatsoever priviledges they enjoy by long custome , and incontrolled lawful precedents . at the presentment of the speaker of the house of commons to the king upon the first day of parliament , the speaker in the name and behoof of the commons humbly craves , that his majesty would be pleased graciously to grant them their accustomed liberties and priviledges , which petition of theirs is a fair recognition of the primitive grace and favour of the soveraign prince in bestowing of privil●dge , and is a shrewd argument against any other title . for our antecessors would not have been so ceremonious , nor so full o● complement , as to beg that of grace , which they might have claimed de jure by right : a●d the renewing of this petition at the beginning of every parliament , argues the grant to be but temporary . polyander . this was not the doctrine it seems of the late long parliament whose priviledges flew so high that they ●retopped the ●rerogative ; for they drew the reins of all rule and reason into their hands , and left the governour in chiefe neither of them ; and if he chanced to send them any advice or admonition 't was presently cryed up to be breach of p●iviled●e , breach of priviledge . but sir , by the seque● of our former discourse , i find that the high co●rt or common council of this kingdom was composed at first of prelates , and peers ; that parl. is but a modern word , and came in after the norman conquest : i find also that the commons came to be made ● house , and that magna charta and charta de foresta , were not free spontaneou● grants , but that they were in a manner extorted from kings in times of necessity and confusion ; i find also that the primitive and ordinary way of government was the one supream magistrate alone and his council of state , and when he pleased , by the common council ; but now sir , i pray be pleased to acquit your selfe of the promise you did me the favour to make , of acquainting me with the proceedings of the late long parliament . philanglus . to do that , i will deduce matters from the beginning , and to finde them our must look north ward , for there the cloud of all our ensuing confusions began to condense first . you know sir , the scots nation were ever used to have their king personally resident among them , and though king james by reason of his age , bounty , and long breeding there , with other advantages , drew such extraordinary respects from them that they continued in a good conformity all his reign , yet after his death they were often over-heard to mutter at the remoteness and absence of their king ▪ and that they should now become a kind of province truckling under england , by reason of such a distance from the royal court : moreover some of their nobles and gentry found not at the english court , nor at the late kings coronation in edenburgh , that countenance , familiarity , benefit and honours which they expected : and 't is too well known who he was that having got some wealth in the swedish wars , and being denied to be lorded , took a pet , and went hence discontented to his own country . these discontented parties tamper'd with the mercenary preach-men up and down scotland to obtrude and hold out to the people what doctrines were put into their mouths by their patrons so that the pulpits every where ●ung of nothing but of invectives against certain obliquities and solaecisms , and i cannot tell what in government , and many glances they had upon the english church . yet all this while there was not matter enough for an insurrection , nor to dispose the peoples hearts to a mutiny , untill by the policy of the said discontented party , the english liturgy was sent thither . this , by the incitement of those fiery pulpiteers , was cried up to be the greatest idol that possibly could be brought into their kirk ; insomuch that when it was first offer'd to be read , the women and baser sort of mechanicks threw stools at the bishops head in the kirk , and were ready to tear them in pieces : and here began the first storm . the king having notice hereof sent a proclamation , signifying , that whereas he had recommended that book of common prayer to be practised among them , whereby be himself served god almighty twice a day , he did it onely out of a design to establish an uniformity of publick divine service in all his dominions , specially in that his native country . but since it had produced such dangerous effects , he was contented to revoke it absolutely ; it never being his purpose to press the practise of thesaid book upon the conscience of any , for he did onely commend , not peremptorily command the use of it . therefore , he exhorted and required that every one unto whom it had given any scandal ▪ should return to his former obedience , and serve god as he was wont , offering therwith a general pardon , and to passe an act of amnestia for the abolition of all offence passed . polyander . and would not this suffice ? in natural motions we find that the cause being taken away , the effect ceaseth , and will not this rule hold in civil actions . philanglus . it seems this would not serve the turn , but there was a further reach in it , and to take the advantage of fishing in these troubled waters : you know the scots since their single lyon came to quarter with our three , were much heightned in their spirits , more respected , employed and trusted abroad , more elevated in their resolutions and aims , they grew rich , for you have heard of a silver mine that reached from westminster to edenbrough : and i beleeve you have not forgot b●ccolinies ballance , wherein lorenzo de medici was appointed by the oracle at delphos to weigh all the states of christendom , and throwing england into the scales to counterpoise france , you know how much he made her to weigh lesse by the addition of scotland . polyander . i beleeve we had been better without this addition , for the union 'twixt scotland and england may be said to be a mixture of vinegar with oyl . philanglus . to resume my discourse , the former proclamation , though it breathed nothing but grace , would not suffice the scots , but having an inch given them , they would take an ell , and nothing would serve their turn but an utter extirpation of episcopacy , for by trampling the miter under their feet , they hoped to have some of the birds plumes being plucked to feather their own nests , and they brought their work about : good lord , what a deal of dirt was thrown into the bishops faces by every rural petty clerk ? what infamous ballads were sung up and down ? what a thick cloud of epidemical hatred hung suddenly over them , so far that a dog with a white neck was called bishop amongst them . the chiefest contrivers of this uproar , finding their designs to fadge so well , and perceiving the country to be so eagerly bent against bishops ( and what artifices and suggestious were used to render them so odious , is incredible . ) but finding withall the king unwilling to alter the government his father had left him , and to which he had been sworn at his coronation : they put themselves in arms , and raised forces to beat down the miter with the sword , if the scepter would not do it . to the english frontires they marched with a numerous army , pretending they came as petioners , but they brought their petition upon the pikes point . hereupon the king raised a counter army , and marched as far as barwick , but some of the great ones about him grew cold in the action ; so a pacification was shuffled up , and i think it was the most dishonourable that ever england made . polyander . i could have wished two things , that either the king had then given them battel , having the flower of his nobility and gentry about him , who understood came with all promptitude and cheerfulness to the service , or else that after the pacification he had with a royal freedom , and a commanding confidence gone amongst them in person to hansel their new parliament house at edenburgh , for in all probabilitie this course might have averted those showrs and cataracts of miseries which fell upon him afterwards , but i pray sir proceed . philanglus . hereupon a parliament was summoned in england , a parliament do i call it ? it was rather an embrio of a parliament , a kind of ephemeran thing . in this short sitting the king declared to both houses the indignities he had received from his scots subjects , and therefore he proposed a supply to be made of twelve subsidies to suppress that rebellion , and in lieu thereof , he was willing to forbear , and utterly to abolish the ship-money , which he had reason to think legal , being advised thereunto by noy his attorney general , who was cryed up to be so great a clerk in the law , yet he would not rest there , but he advised further with his learned council of the sergeants at law and others who concurred in opinion with no ; nor would he rest there , but he had the approbation of all the judges si●gly , and afterwards of the major part of all the twelve upon a leasurely debate ; this he thought sufficient to induce his conscience to hold the things legal : it was proved that the moneys levied that way were employed to the right use and no other , viz. to the garding of the narrow seas , and to preserve the right of his dominion in them ( being the fairest flower of his crown ) which was not onely discoursed of abroad , but the french cardinal was over heard to question his right that way . and touching the danger that hung over england he alledged how could england but be in apparent danger considering how all her neighbours about her were in actual hostility , which made huge fleets of men of war , both french , dunkerkers , ha●burgers , and hollanders , to appear ever and anon in her channel and hard before her royal chambers . he declared further , that not one peny of that publique contribution came to his private coffers , or was given to any favorite , but he added much of his own treasure for the maintenance of a royal fleet abroad every summer ; yet he was ready to passe any bill for the abolishing of the said ship-money , and redressing of any grievance besides , provided his parliament would enable him to suppress and chastse the scot . some say the house was inclinable to comply with the king , but as the ill spirit would have it , that parliament was suddenly broke up , and it had been better for him that they who gave him that counsel had been then in arabia , or beyond the line , in their way to madagascar , yet those men were of high request in the long parliament afterwards being . the king reduced to such streights , and resenting still the insolence of the scot , proposed the business to his privy council , who suddenly made a considerable sum for his supply , whereunto divers of his domestick serv●n●s did contribute ; among others who were active herein , the earl of strafford bestirred himselfe notably , who having got a parliament to be called in ireland , went over , and with incredible celerity raised . men , and procured money of the parliament there to maintain them . an army was also levied here which marched to the north , and there fed upon the kings pay a whole summer . the scot was not idle all this while , but having punctual intelligence of every thing that passed at court as far as what was debated in the cabinet council , or spoken of in the bed-chamber ( where of the six grooms , five were scots ) which was a great advantage unto him . he armed also , and preferring to make england the stage of the war rather then his own country , and to invade rather then to be invaded , he got ore the tweed , where he found the passage open , and , as it were , made for him all the way , till he come to the river of tine : and though there was a considerable english army of horse and foot at newcastle , yet they never offered to face the scot all the while . at newburg there was indeed a small skirmish , but the english foot would not fight ; so newcastle gates flew open to the scot without any resistance at all , where 't is thought he had more friends then foes , for all presbyterians were his confederates . the king being advanc'd as far as york , summon'd all his nobles to appear , and advise with in this exigence , commissioners were appointed on both sides who met at rippon , and how the hearts and courage of some english barons did boil within their breasts to be brought to so disadvantagious treaty with the scot , you may well imagine : so the treaty began , which the scot , would not conform himself unto , unlesse he were first made rectus in cur●a , and the proclamation wherein he was call'd traitor revoked , alledging how dishonourable it would be for his majesty to treat with rebels . this treaty was then adjourn'd to londo● where the late long parliament was summon'd . polyander . truly sir , i must tell you , that to my knowledge those unhappy traverses with the scots made the english suffer much abroad in point of national repute ; but in this last expedition of the scot , england may be said to have been bought and sold , considering what a party he had here in court and country , specially in the city of london . therefore his coming in then may be call'd rather as invitation then an invasion . philanglus . the scot having thus got quietly into a town he never took , and nested himself in newcastle , our late long long parliament began at westminster : being conven'd , the king told them that he was resolved to cast himself and his affairs wholly upon the affection and d●lity of his people , whereof they were the representatives ; therefore he wished them to go roundly on to close up the ruptures that wer● made by that infortunate war , and that the two armies one english , the other forraign , which were gnawing the very bowels of the kingdom might be both dismissed : touching grievances of al natures he was ready to redress them , concerning the shipmony he was willing to passe a law for the utter abolition of it , and to canc●l all the enrollments , therefore he wish'd them not to spend much time about that : for monopolies he desired to have a list of them , and he would damn them all in one proclamation : touching ill counsellours either in white-hall or westminster-hall , either in church or state , hee was resolved to protect none : therefore he desired that all jealousies and misunderstandings might vanish , and so concluded with this caution , that they would be carefull how they shook and d●●jointed the frame of an old setled government too much , in regard 't was like a watch , which being put asunder , can never be made up again if the least pin be left out . thus at the beginning of the parliament there were great hopes of fair weather after that cold northern storm and that we should be rid of the scot , but that was least intended till some designs were brought about : the earl of strafford , the arch-bishop of canterbury , the judges , and divers other are clapp'd up , and the lord keeper finch took a timely flight t'other side of the sea : and in lieu of these , the bishop of lincoln is inlarged , bastw●ck , burton , and pryn , who were strong presbyterians , were brought into london with a kind of hosanna . polyander . it is possible that the lenity of the king should be such as to yeeld to all this ? philanglus . yes , and to comply further with them , he took as it were into his bosom , i mean he admitted to his privy council , such parliament lords who were held the greatest zealots among them : the lord say was made master of the court of wards , the earl of essex lord chamberlain . moreover to give a further evidence how firmly he was rooted in his religion , and how much he desired the strengthning of it abroad , the treaty of marriage went on 'twixt his eldest daughter and the prince of orange ; hereunto may be added as a special argument of compliance , the passing of the bill for a triennial parliament , and lastly he was brought to passe the act of continuance , which prov'd so fatal unto him . polyander . touching the triennial parliament , i heard of a prophetick mistake that came from a lady of honour , who sending news that time to the country , did write , that the king had passed a bill for a tyrannical parliament , whereas she should have said triennial ; and touching the act of continuance or perpetual parliament , i heard a tale of archy the fool , who being asked whether the king did well in passing that bill , answered , that he knew not whether the king was the greater fool to grant it , or they the greater knaves to ask it . but the saying of the late earl of dorset is remarkable who saluted the king the next morning with the stile of fellow subject , in regard that by that grant he had transferred both crown , sword and scepter to the parliament , for now we may say , that england hath four hundred and odd kings in her : but t is observed , that princes of a hard destiny do follow the worst councils ; but sir , in lieu of these monstrous acts of grace and trust , what did the parliament all this while for the king . philanglus . they promised , specially upon the passing of the last act , that they would make him the most glorious , the best beloved , and richest king that ever reigned in england , which promise they voted , and confirmed with the deepest protests and asseverations that could be . adde hereunto , that the earl of strafford was passed over unto them , who after a long costly tryal was condemned to the scaffold , and so made a sacrifice to the scot ( and them ) who stayed chiefly for his head . polyander . touching the earl of strafford , 't is true he was full of ability , courage and elocution , yet i heard his wisdom questioned beyond sea in divers things . first , that having a charge ready against his chiefest accusers , yet he suffered them to take the start of him , and have priority of suit , which if he had got , he had thereby made them parties , and so incapable to proceed against him ; secondly , that during the time of his tryal , he applyed not himselfe with that compliance to his jury as well as to his judges , for he was observed to comply only with the lords , and slight the house of commons , lastly , that knowing he had both parliament and scot his enemies , as also the irish , he would not go aside a while , and get beyond sea ( which he might have easily done from york ) in lieu of coming up to london . philanglus . i beleeve his death was resolved upon before his comming from york , if not by ordinary way of justice , yet by way of publique expedience , which appears , in regard the proceedings against him , was by a clause in the act not to be produced for a leading case , for example to future ages , and other inferior courts . good lord , how the rabble of the city thirsted after his death ! who were connived at , and countenanced by the parliament it selfe to strut up and down both before white hall and , westminster hall , where they cryed out , that if the common law failed , club law should knock him down : nay , their insolency was permitted to swell so high , that they demanded the names of those lords who would not doom strafford to death . polyander . is it possible that the grave and solemne high court of parliament should permit such popular insolencies to be committed before their faces . philanglus . yes , and notwithstanding that the lords did often solicit the house of commons to take a course for suppressing them yet 't was not hearkened unto ; nay when the king had commanded a double guard of constables and watch-men ( which is the usual way by law ) to attend at westminster hall , for suppression of such disorders , the commons cryed out , that it was a breach of the privileges of the house and a trenching upon their liberties ; so they took afterwards a band of souldiers to guard them of their own election , which was never known before . polyander . me thinks that the earl of strafford being gone , fair weather should have followed , he was the cause of the tempest being thus thrown over board . philanglus . 't is true , the scots were dismissed a little after , having fidlers fare , meat , drink , and money for eleven months together in england , with straffords head to boot . so the king prepared to go for scotland according to articles , to hold a parliament there ; this fill'd the house of commons with odd kind of jealousie , therefore they cast about how to prevent the journey : so they did beat their brains night and day about it , so far that they sate upon sunday in debate , but with another proviso , that it should not be made a precident for future ages , as the other caveat was for their proceedings against the earl of strafford . well , the king went to his scots parliament , where he fill'd every blank , for they did but ask and have . he granted them what possibly they could propone in point of governing , both for kirk and state , many received new honors , they made havock , and divided all the bishops lands amongst them ; for all which unparallel'd concessions and acts of grace , as an argument of gratitude , they caused an act ( though already in force ) to be publish'd and reviv'd . that it should be detestable , and damnable treason in the highest degree that could be for any of the scots nation conjunctly or singly to levy arms , or any military forces upon any pretext whatsoever , without the kings royal commission ; but how the scot observed this solemn act afterwards the world knows too well . during the kings being in scotland , that formidable hideous rebellion in ireland broke out ; which the irish impute to the english parl. first , in regard that one of their accusations against strafford was , that he used the papists in that kingdom too favourably : secondly , for the rigorous proceedings intended by the said parliament against the english catholicks ; thirdly , for design the english parliament had to bring the ●utch and the scot to plant in ireland , the last of whom the irish do hate in perfection above all other nation ; and lastly , the stopping of that irish regiment of cashiered souldiers , which the king promised by royal word and letter to the king of spain , who relying upon that imploiment which was denied them by order from the english parliament , rather then to begg , steal , or starve , they turned rebels . polyander . indeed , i heard that act of staying the irish forces much censur'd abroad , to the dishonour of the king of england and reproach of the parliament , considering ho● the marquis de velada , and malvezzi and don alonzo de cardenas , who were all three ambassadours here for the king of spain at that time , having by dependance upon the sacred word , and letter of a king , imprested money , and provided shipping for their transport , which came to a great charge ; but i pray be pleased to proceed . philanglus . the king having setled scotland , was his return to london received with much joy , but though he was brought with a kind of hosanna into one end of the town , he found a crucifige at the other ; for at westminster there was a remonstrance fram'd , a work of many weeks , and voted in the dead of night , when most of the moderate and well-minded members were retir'd to their rest ; in which remonstrance , with as much industry and artifice as could be , all the old moats in government were expos'd to publick view from the first day of the kings inauguration to that very hour . polyander . how could this agree with the protestation the house did make formerly to the king , to make him the best beloved that ever was ? i thought that before his going to scotland he had redress'd all grievances , by those acts of grace you spoke of before . philanglus . so he had , and he rested not there but complid further with the house , by condescending to an act for putting down the star chamber court ▪ the high commission court , the court of honor , nay he was contented that his privy councel shou●d be regulated , and his forests bounded , not according to ancient prerogative , but late custom ; nay further , he passed a bill for the unvoting and utter exclusion of the spiritual lords from the parliament for ever : add hereunto , that having placed two worthy gentlemen liev●enants of the tower , he remov'd them one after another ▪ to content the house , and put in one of their election : lastly , he trusted them with his navy royal , and call'd home at their motion , sir i. pennington who had then the guard of the narrow seas . polyander . i never remember to have heard or read of such notable concessions from any king ▪ but how came the bishops to be so tumbled out . philanglus . the city rabble were still conniv'd at to be about westminster hall , where they offered some out-rages to the bishops as they went into the house ; hereupon they presented a petition to the king and parliament , that they might be secur'd to repair thither to discharge their duties according to the laws of the land : in which petition there was a protest or caveat that no act should passe , or be valid without them : this petition , both for matter and form was much excepted against , and cried up to be high treason , so twelve of the old bishops were hurried to the tower ; but some of the knowingest lawyers being considered withall , whether this was treason in the bishops , or no ▪ they answered , that it might be called adultery as much as treason : so after many moneths imprisonment , the charge of treason being declin'd against them , they were releas'd in the morning , but coop'd up again in the afternoon , then they were restored to a conditional liberty touching their persons but to be eternal●y excluded out of the house , which made one of them in a kind of prophetick way , to tell one of the temporal●peers ▪ my lord you see how we are voted out of the house , and the next turn will be yours , which proved true . polyander . i remember when i was at york a gentleman shewed me a fair old manuscript of some things passed in henry the eighths time : and one passage among the rest sticks in my memory , how cardinal wolsey being sick at leic●ster , the king sent sir jo●n kingston to comfort him : to whom he answered . oh! sir john , 't is too late to receive any earthly comfort but remember my most humble allegeance to the king , and tell him this story from a dying man ; the bohemians repining at the hierarchy of the church , put down bishops ▪ but what followed ? then the comunalty insulted over the nobility , and afterwards the king himself was depo●●d ▪ so the government grew a while to be meerly popular , but then it turned from a successive to be an elective kingdom ; this , said he , will be the fate of eng. unless the king bear up the reverence ●ue to the church , and so i pray god that his majesty may find more mercy at the tribunal of heaven , then i have upon the earth ; but pray sir be pleas'd to proceed . philanglus . the parliament having the navy at their disposing ( which they found to be in a good equipage , gramercy ship money ) and having chosen the earl of warwick commander in chief , notwithstanding the king excepted against him , they demand all the land souldiers and military strength of the kingdom to be managed by them , and to be put in what posture , and under what commanders they pleased ; but the king answered , that he would consider of this , and it was the first thing that he ever denied them , yet at last he was contented to grant them this also for a limitted time ; but that would not serve the turn : hereupon growing sensible how they inched every day more and more upon the royal prero●ative he thought 't was high time for him to look to himself : and intending with some of his menial servants onely to go to hull to see a magazin of ammunition which he had bought with his own treasure , he was in a hostile manner kept out , the gates shut . cannons mounted , pistols cocked and levelled at him , and there the kings party said , the war first began . polyander . a hard destiny it was for a king to lose the love of his subjects in that manner , and to fall a clashing with his great council : but under favour ; that demand of the militia was somewhat too high : for every natural prince , and supream governour hath an inherent and inalienable right in the common strength of the country , for though the peoples love be a good cittadel , yet there must be a concurrence of some outward visible force besides , which no earthly power may dispose of without his command , and for him to transmit this power to any other , specially to any that he mistrusts , is the onely way to render him inglorious , unsafe , and despicable , both at home and abroad ; you know in the fable when the lion parted with his paws , and the eagle with her talons , how contemptible the one grew among all beasts , and the other among birds . the scepter and the crown are but bables without a sword to support them . there 's none so simple as to think ther 's meant hereby an ordinary single sword , such as every one carrieth at his side , no , t is the publique polemical sword of the whole kingdom , 't is an aggregative compound sword , and 't is moulded of bellmettle , for 't is made up of all the ammunition and arms , small and great , of all the military strength both by land and sea , of all the forts castles , and tenable places within and without the whole country : the kings of england have had this sword by vertue of their royal signory , as the law faith , from all times , the prerogative hath girded it to their sides , they have employed it for repelling of forraign force , for revenging of all national wrongs or affronts , for quelling all intestine tumults ; the people were never capable of this sword , the sundamental constitutions of this land deny 〈◊〉 them : 't is all one to put a sword in a mad mans hand as in the peoples : now under favor , the supream governor cannot transfer this sword to any other , for that were to desert the protection of his people , which is point blank against his oath and office : but i crave your pardon again that i have detained you so long from the pursuit of your former discourse . philanglus . the king being so shut out of one town ( i mean kingston upon hull ) he might suspect that an attempt might be made to shut him in within some other : therefore be made a motion to the york-shire gentlemen to have a guard for the preservation of his person in imitation of the parliament , who had taken a kind of choice praetoria● band many moneths before for their safeguard , though without the kings consent : the northern men came cheerfully to this service ; wherewith the parliament being not well pleas'd they interdicted all trade to newcastle . but i must make a step back ; when the king was return'd from scotland , he retir'd to hampton court , yet upon the lord mayors and cities solicitation , hee came back to white-hall , to keep his christmas ▪ but when the bill against bishops was in agitation , which lasted above ten months , and was twice cast out of the house of peers , a crue of hold sturdy mechanicks , marriners , and tar-pawlings came from the city , and ruffled again before white-hal and westminster-hall , and would have violated the abbey of westminster , under the parliaments nose , so that for many nights , a court of guard was forc'd to be kept in the body of that church . the king finding such distempers still in the parliament , and knowing the chiefest authors of them who he had impeach'd before but could get no justice against them in an ordinary way , though he desir'd the parliament to direct him in a course how to go on in the empeachment in such extremity , for desperate diseases requiring desperate cures . he took the palsgrave with him , and making use of the next coach he met withall at the court gate , he went to the house of commons in person to demand five members , which he would prove to be traytors in the highest degree , and to be the fomenters of all these divisions , protesting unto them upon the word of a king , that they should have as fair and legal a trial as ever men had ; in the interim , he desir'd onely that their persons might be secur'd : the walls of both houses , and the very stones of london streets did seem to ring of this high carriage of the king , and the sound thereof far and neer into the adjacent countries , whence the plebeans ( by incitement of some of the members ) came in whole herds to the city , and strutting up and down the streets , had nothing in their mouths but priviledge of parliament . polyander . yet as i observ'd in your discourses before queen elizabeth , though she was so popular , and such a minion of parliaments , did the like , and far higher things . but now that you have given a touch of the palsegrave , i remember a manifesto of that parliament , which they passed and published in favour of his restitution , which was laughed and libelled at in germany . philanglus . 't is true , the king went in state one day to the parliament in his behalfe , where he clear'd unto them the whole business , and because he doubted that sir thomas roe his embassadour should have but sorry success in the diet which was then held in germany , in regard he understood of an amnestia to come forth , whence the prince palatine was excluded , he desired the two houses to joyn with him in a publique manif●sto . the parliament did cheerfully approve hereof , praying that scotland would joyn with them : the manifesto consisted of two parts , or protestations , one against all acts whatsoever that should passe in the imperial diet in the prejudice to the palatine ; the other , that the king and parliament of great britain were resolv'd to espouse his quarrel ; but this business was little thought of afterwards . the king as i told you before , having gone to the house of commons himself to demand those members , it happened none of them were there , but retir'd to london for refuge , the house having had notice of the design from marquis hamilton who was us'd to reveal unto them whatsoever was intended at court . polyander . it may well be said then , that the infortunate king had greater traitors within dores , then abroad ; but it concern'd hamilton , with holland , and others to keep in with the house , because they were the chiefest monopolizers , specially the earl of m. who in regard his son was so great a zealot in the upper house , was permitted to keep a kind of office to compound , for his corruption , and briberies , whereof there were above forty prov'd against him , yet he scap'd without any punishment at all , or least mark of infamy . philanglus . well sir , the londoners grew stark wild when they heard of this attempt of the king , and the countries about , specially essex and buckinghamshire men being incited by hamden ( who was kill'd afterwards upon the same turf of earth where he call'd the people together ) came in great swarms to town , and joyning with the city and suburbian rabble . they brought the five members the next day to the house , in a kind of triumph , being guarded by water as wel as by land by such companions . a little after , sundry troops of count●y horse came , and instead of feathers or ribands , they carried a paper-protestation in their hats , as the londoners had done a little before upon their pikes point . polyander . i heard much of the said protestation , but i pray oblige me to tel what it was . philanglus . it consisted of many parts , being penn'd , and enjoin'd by the parliament for every one to take : the first part was to maintain the true protestant religion against all popish innovations ( but no other . ) the second was to maintain the person prerogative , and hono● of the kin . the third , the priviledge and power o● parliament . and lastly , the pr●priety and liberty of the subject . polyander . where was the king during all these popular riots ? philanglus . rather then expose himself to such indignities , and there being dark whispers of an attempt upon his person ; he retir'd to hampton court . thence to windsor castle , whence having accompani'd the queen , and his eldest daughter to the sea-side for holland , and having commanded the prince to attend him at greenwich against his return , the prince had been surpriz'd , and brought to london , had the king stayed but a quarter of an hour longer : thence he remov'd to york , where he sojourn'd all that summer ; and among other things he sent for his great seal thither , which rid post , and was pursued by the parliament , but not overtaken . the king being setled at york , the parliament still move him to have the disposing of the militia , and not to be limited to any time , which he denied , for he was loth to be dis-arm'd , and part with his sword : therefore he put forth his commissions of array according to the old law of england as he alled'd , which declares it to be the undoubted right , and royal signory of the king to arm or disar● any subject . the parliament send out counter-commands for the executing the said militia , so by this clashing 'twixt the commission of array and the militia , the first flash of that cruel , and cruentous civil war may be said to have broke out . a close committee was appointed , which was mix'd of lords and commons , and i cannot tell how many rural , and subordinate committees of mean mechanical men , who stood higher a tip-toe in conventing lords and knights before them , then the parliament members themselves ; an admiral also was sent to sea , against whom the king excepted . polyander . that was strange , considering how oft the king had complied with them that way , having at their request remov'd two lievtenants of the tower , and taken one of their election , having remov'd the governour about his son , and taken one of their choice , having remov'd sir thomas glenham from hull , and nominated hotham , &c. philanglus . the presbyterians who had brought in the scots army before , and were the activ'st men , cried out that the whole kingdom was like to be ruin'd by secret plots and machinations ; that there was a design to bring in the pope , and to cast the civil government into a french frame , wherof they made the pulpits to ring up and down ; nor did the pulpit onely help to kindle this fire , but the presse also did contribute much thereunto , dangers , and jealousies , and a kind of superfaetation of fears did daily increase in every corner , — traduntque metus n●c poscitur author . as the poet saith . polyander . there be sundry sorts of fears : there are conscientious fears , there are pannick fears , there are pusillaminous fears , and there are politick fears : the first proceeds from guilt of conscience , which corns oft to phrensie ; the second fear may be called a kind of chymera , 't is some sudden surprizal or consternation proceeding from no grounds ; pusillaminous fear makes a mountain of a mole-hill , it proceeds from poverty of spirit , and want of courage , and is a passion of abject , and degenerous minds , and is call'd cowardize ; politique fear is a created forg'd fear , wrought in another , to bring some design about ; and as we finde the astronomers ( as is said elsewhere ) do imagine such and such shapes and circles in the heavens , as the zodiack , equinoctial , c●lur●s , tropiq●es , and others , though there be no such things really in nature , to verifie and make their conclusions good ; so the sta●ist doth often devise and invent imaginary fears to make his proceedings the more plausible , and thereby to compass his ends . or as the sun useth to appear far bigger in the morning and evening , then at noon when he is exalted to his meridian , and the reason the philosophers use to give is the interposition of the vapours and exhalations , which are in the lower region of the air , through which we look upon him , ( as we find a piece of silver look bigger in a bason of water , then elsewhere ) so the polititian useth to cast strange mists of fears , and fogs of jealousie before the simple peoples eyes , to make dangers seem bigger . it is observed , that the torpedo fish ▪ when he fears to be catched , useth to disgorge an ●nky ●lack froth , to puddle and darken the water that he may not be seen and so avoids taking ; so one trick of a statist when he goes a fishing after some ends of his own , is to cast out before the eyes of the credulous vulgar strange mists , and apprehensions of fears and dangers , that they may scape in them if need be : but i pray deal clearly with me , was there a design to bring in the mass again ? philanglus . the mass ? you may say there was a plot to bring in mahomet as soon , to bring in the alchoran or talmud as soon ; yet i believe there was a pernitious plot to bring in a new religion , but what religion i pray ? it was not papery but presbytery , and with it to usher in buchanan and knox and to cast our church and state into a scots mould . polyander . i must tell you indeed that i heard the english much censured , and undervalued abroad , for enslaving , as it were , their understandings and judgements in point of religion to the scots , whom we made christians and reformed christians first , and now for us to run to them for a religion , what a disparagement think you is it ? but you spoke before of an empeachment of high treason ; the king had against the five members , for which he desired only the benefit of the law , i pray what was that treason ? philanglus . the main charge of treason that was intended to be exhibited against them , was the private intelligence , and combinations they held with a forreign nation , and to have been the prime instruments of bringing in the scots army , which had done so much mischiefe to england , and was dismissed upon such inglorious terms , for besides the plunder they got , they had a vast sum of treasure to be gone ; which was not the usua● 〈◊〉 that our progenitors used in dealing with the scot , for in former times england was 〈◊〉 to pay the scot his arrears ( when he came to visit her borders ) in another kind of mettal ; viz. with good iron and steel , not with gold and silver , but she hath soundly revenged her selfe since , for the insolencies of that hungry nation . but to proceed , the hierarchy , and english liturgy being voted down , there was a general liberty given to all consciences in point of religion ; the taylor and shoomaker might have cut out what religion they pleas'd ; the vintner and tapster might have broach'd what religion they pleas'd ; the druggist and apothecary might have mingled her as they pleas'd ; the haberdasher might have put her upon what block he pleas'd ; the armorer & cutter might have furbrish'd her as they pleas'd ; the dier might have put what colour , the painter what face they pleas'd upon her ; the draper and mercer might have measur'd her as they pleas'd ; the weaver might have cast her upon what loom he pleas'd ; the boat-swain and mariner might have brought her to what deck they pleas'd ; the barber might have trimm'd her as he pleas'd ; the gardner might have lopp'd her as he pleas'd ; the black-smith might have forg'd what religion he pleas'd . and so every one according to his profession and fancy was tollerated to form what religion he pleas'd , as was observ'd elsewhere . polyander . indeed i was told often beyond the seas that the liberty of the gospel , and the liberty of the people , were the two things which were mainly aim'd at , but how did the war begin ? philanglus . i told you before , that besides other causes the clashing of the militia , with the commission of array , did put all things in disarray throughout the whole kingdom , many declarations came from the king , but they were prohibited at last to be published , and the printers punish'd . a little after the parliament voted an army to take away ill councellours from about the kings person , and the earl of fssex was appointed general , with whom they voted to live and die . polyander . me thinks that lord was not so proper for the service , in regard his father before him lost his head upon the like occasion for offring to amove ill councellors from about queen elizabeth ; but i beleeve he might have a private quarrel of his own with the court , in that his first wise was articled , and sentenc'd away from him , and married to a scotch man whom he much hated , in king james his time , who made a deep asseveration , that if any thing was amiss in that divorce , he wish'd it might light upon his own soul ; but i pray be pleas'd to go on . philanglus . the king understanding that the parliament did thus arm , he was told that it was not fit for him to be idle , so having levied some forces in the north , he marched with them to nottingham , where he set up and displaied the royal standard , but the beam thereof by a gust of wind towards the evening was broke , which was held an ill augury . polyander . i heard by some of those that were then on the place that the king had not effective fighting men , when he put up his standard , and the parliament had an army of above in a compleat body , and upon their march about northampton , therefore i heard it censured a great oversight in the parliament , that they did not inorder their general , to find out the king at nottingham , where he might have either taken him prisoner or forc'd him to flie with his little confus'd army : but i pray pursue your discourse . philanglus . i must again step a little back , and inform you , as that army of the parliaments was a levying , these propositions were sent to the king , with a complemental introduction , which because they are of a very high nature , i will particularly relate unto you , the preamble was this . wee your majesties most humble and faithful subjects , having nothing in our thoughts and desires more precious , and of higher esteem , next to the honour and immediate service of god , then the just and faithfull performance of our duty to your majesty and this kingdom ; and being sensible of the great distractions , and distempers , and of the iminent dangers , and calamities , which the said distractions and distempers are like to bring upon your majesty and your subjects , all which have proceeded from the subtile informations , mischievous practises , and ill counsels of men disaffected to gods true religion , your majesties honour and safety , and the publick peace and prosperity of your people . after a serious observation of the causes of these mischiefs : wee do in all humility and sincerity , present to your majesty our most humble petition and advice , that out of your princely wisdom for the establishing of your own honour and safety , and gracious tendernesse of the welfare and security of your subjects and dominions , you will be pleased to grant and accept these our humble desires , and propositions , as the most necessary effectual meanes through gods blessing of removing those jealousies , and differences which have unhappily fallen 'twixt you and your people , and for procuring both your majesty and them a constant course of honour , peace and happiness . . that those of your privy council , and such great officers and ministers of state , either at home or beyond the seas , may be put from about you , and from those offices and employments , excepting such as shall be approved of by parliament ; and that the persons put into the places and employments of those that be removed , may be approved of by parliament ; and that all privy councellors shall take an oath for the due execution of their places as shall be agreed upon by parliament . . that the great affairs of the land may not be concluded or transacted by the advise of private men , or by unknown , and unsworn councellors , but that such matters that concern the publique and are proper for high assemblies , which is your majesties great and supream council , may be debated , resolved , and transacted here , and no where else , and such as shall presume to do any thing to the contrary , shall be reserved to the censure and judgment of parliament ; and such other matters of state , as are proper for your privy council , shall be debated , and concluded by such , as shall from time to time be chosen for what place by approbation of parliament ; and that no publique act concerning the affairs of the land which are proper for your privy council may be esteemed of any validity as proceeding from royal authority , unless it be done by the advice and consent of the major part of your council ; and that your council be limited to a certain number , no●t exceeding twenty five , nor under fif●●een ; and if any councellors place happen to be void in the intervalls of parliament , it shall not be supplyed without the co●●sent of the major part of the council , which voice shall be confirmed at the next sitting of parliament , or else to be void . . that all the great o●ficers of state and civil justice , as also your secretaries , may be chosen with the approbation of parliament , and in the intervals as formerly . . that he or they , to whom the government , and education of the royal issue shall be committed , shall be approved by parliament , and in the intervals as formerly ▪ and that all such servants which are now about them , against whom the parliament shal have any just exception , shal be removed . . that no all ●nce of any of the royal issue , by way of marriage , shall be concluded or treated with any forraign prince or other person whatsoever ▪ at home or abroad , without consent of parliament , under the penalty of a praemunire unto such as shall conclude or treat of any such alliance ; and the said penalty shall not be pardoned or dispensed with , but by consent of parliament . . that the laws in force against papists be strictly put in execution without any toleration or dispensation to the contrary ; and that some more effectuall course be enacted to disable them from making any disturbance in the state , or ●luding the law by trusts or otherwise . . that the votes of all papists in the upper house may be taken away as long as they continue papists , and that such a bill be drawn for the education of their children in the reformed religion . . that your majesty will be pleas'd to consent , that such a reformation bee made of the church-government , as the parliamsnt shall advise of : and that your majesty will contribute your best assistance for the raising of a sufficient maintenance for preaching ministers throughout the kingdom ; and that your majesty will be pleas'd to give your consent to laws , for the taking away of innovations and superstition , and pluralities , and against scandalous ministers . . that your majesty will be pleas'd to rest satisfied with that course the parliament hath appointed for ordering the militia , untill the same shall be further setled by ●●ill ; and that your majesty will recall your declarations , and proclamations against the ordinance made by the parliament concerning it . . that such lords and gentlemen that are members of the house , which have been put out of any place or office , may either be restor'd , or have satisfaction for the same , upon the petition of the court , whereof he or they are members . . that all privy councellors and iudges take oath , the form where●f to be agreed upon , and setled in parliament , for the maintenance of the petition of right , of certain statutes made by this parliament ; and that an inquiry of all the breaches and violations of those laws may bee given in charge by the chief iudges , to be presented and punished according to law . . that all the judges , and all the officers placed by approbation of parliament may hold their places , quam diu ●e benè gesserint . . that the justice of parliament may pass upon all delinquents , whether they be within the kingdom , or fled without it ; and that all persons cited by either court , may appear and abide the censure of parliament . . that the general pardon offered by your majesty may be granted with such exceptions as shall be advised of by the parliament . . that the forts and castles of the kingdom be put under the command and custody of such as your majesty shall appoint , with the approbation of your great council , and in the interval with the major part of your privy council , as formerly . . that the extraordinary guard , and military forces now attending your majesty , be removed and discharged , and that for the future , that you will raise no such guards or extraordinary forces but according to the law , in case of actual rebellion or invasion . . that your majesty will be pleased to enter in a more strict league with the hollanders , and other neighbour princes and states of the reformed religion , for the defence and maintenance thereof against all designes and attempts of the pope and his adherents , to subvert and suppress it , whereby your majesty will obtain a great access of strength , and reputation , and your subjects much enco●raged and enabled in a parliamentary way for your aid and assistance in restoring the queen of bohemia , and her princely issue , to those dignities and dominions that belong to them , and relieving the other reformed distressed princes , who have suffered in the same cause . . that your majesty will be pleased to clear by a parliamentary act those members you have empeached , in such a manner , that future parliaments may be secured from the consequence of ill presi●ents . . that your majesty will be graciously pleas'd to pass a bill for restrai●ing peers made hereaf●en from sitting 〈◊〉 voting in parliament , unless they be admitted thereunto by consent of both houses . and these our humble desires being granted by your majesty , we shall forthwith apply our selves to regulate your present revenew in such sort as may be to your best advantage , and likewise to settle such a● ordinary , and constant encrease of it , as shall be sufficient to support your royal dignity in honour and plenty , beyond the proportion of any former grants of the subjects of this kingdom to your majesties royall predecessors ; we shall likewise put the town of hul into such hands that your majesty shall appoint , with the consent , and approbation of parliament , and deliver up a just account of all the magazine , and cheerfully employ the utmost of our endeavors in the real expression and performance of our dutiful and loyal affections , to the preserving and maintaining of the royal honour , greatness , and safety of your majesty , and your posterity . polyander . how did these propositions relish ? they run in a very high strain , though the preamble and conclusion breath a great deal of humility and allegeance . philanglus . the king received these proposals with a kind of indignation , saying ; that he was worthy to be a king no longer over them , if he should stoop so low ; some alledged that the very propounding of them was treason in the highest degree , for they struck at the very foundation and root of all royal authority ; therefore the condescending to them would render him a king of clo●●s , and fit to be hooted at by all his neighbours . polyander . the world was much amazed abroad that the peers should concur in passing such proposals , considering how their honour must stand and fall with the royal prerogative : well si● , on . philanglus . you must think sir , that one part of foure of the lords were not there , the rest were with the king , who slighting those nineteen propositions ( an unluckie number ) it made the pulse of the parliament to beat higher , and to publish to the world a new declaration the substance whereof was , that the parliament hath an absolute power of declaring the law , and wh●tsoev●r they declare is not to be questioned by ●ing , magistrate or subject : that ●n p●●cedents can bound or limit their proceedings : ●at they may dispose of any thing wher●i● king of subject hath any rig't●forth ▪ publick good , wherefore they may be jud●es without royal assen : that none of their members ●ught to be molested or medled withal for treason felony , or any other crime , unlesse the cause ● brought b●fore them to judge o● the f●ct : that the s●v●raign power resides in them : that l●vying of warre against the command of the king though his person be present , is no l●vying of war against the king , but the levying of war against his politick person and laws , that is the onely levying war against the king . polyander . it was not the first time that this new kind of metaphysick was found out to abstract the person of the king from his office , and make him have two capacities private and politick , for the same metaphysick was made use of in edward the seconds reign , but it was exploded , and declar'd by act of parliament afterwards to be detestable , and damnable treason : this were to make soveraignty ( by separating it from the person ) to be a kind of platonick idea hovering in the aer , to make a king a strange kind of amphibium , to make at the same instant a king , and no king , of the same individuum a power which the casuists affirm god almighty never assum'd to himself to do any thing that implies contradiction . philanglus . the parliament or rather the presbyteria● army ( for the presbyters sate then at the helm ) increas'd dayly , and things being at such a desperate point , there were two choice earls ( southampton and dorset ) sent from nottingham with this pathetick letter of the kings to the parliament . we have with unspeak●bl grief of heart , long beheld the distraction of this our kingdom ; our very soul is full of anguish until we may find some re●●dy to prevent the miseries which are ready to overwhelm this whole nation by a civil war ; and though all our indeavors t●nding to the composing of those unhappy differences 'twixt us and our parliament , though pursued by us with all zeal and sincerity , have been hitherto without the successe we hoped for , yet such is our earnest and constant care to preserve the publick peace , that we shall not bee discouraged from using any expedient , which by the blessing of the god of mercy may lay a firm foundation of peace and happinesse to all our good subjects : to this end , observing that many mistakes have arisen by the messages , petitions , and answers betwixt us , and our great councel , which haply may be prevented by some other way of treaty , wherein the matters in difference may be clearly und●rstood , and more freely transacted , we have thought fit to propound unto you that some sit persons may b●e by you inabled to treat with the like number to be authorized by us , in s●ch a manner , and with such freedo●e of d●bate , as may best tend to that happy co●clusion which ●ll good people desire ▪ viz. the peace of the kingdom , wherein as we promise in the 〈◊〉 of a king all sa●ety and ●ncouragement to them , who shall be sent unto u● , if ye w●ll chuse the place we are to meet for the treaty , which we wholly le●ve unto you , presuming the like care of the safety of those wee shall employ if you shall name another place , so we assure you , and all our good subjects , that to the best of our understanding , nothing shall be wanting on our p●rt , which may advance the true reformed religion , oppose popery and superstition , secure the law of the land , upon which is built as well our just prerogative , as the propriety and liberty of the subject , confirm all just power and priviledges of parl ▪ and render us a people truly happy by a true understanding 'twixt us and our great council ; bring with you as firm a resolution to do your duty , and let our people join with us in prayer to almighty god for his blessing upon this work . if this proposition be rejected by you , w●e have done our duty so amply , that god will absolve us from the guilt of any of that blood which shall be spilt ; and whatsoever opinion other men may h●ve of our power , we assure you that nothing but our pious and christian care to prevent the effusion of bloud hath begot this motion in us : our provisio● of men , armies , and money being such as may secure us from violence , till it please god ●o open the eyes of our people . poly●nd●r . what impression did thi● letter make , for it promis'd much . philanglus . it made little or none at all , though it was all written with the kings own hand ; for the parliament was formerly nettled at a declaration he had sent , when having made ● motion to go himselfe in person to suppress the irish rebels ( which attempt the scots approved of , and highly applauded ) but being not liked by the english parliament , he replied unto them , to this effect . when we recommended the reduct●on of ireland to you , we intended not to exclude our self , or not to be concernd in your councils , but that if there were any expedient which in our conscience and understanding we thought necessary for that great work ▪ we might put it in practise ; we look upon you , as our great council , whose advice we always have and will with great regard and deliberation weigh and consider of , but we look upon our self as neither depriv'd of our understanding , or devested of any right we had , were there no parliament at all sitting ; we call'd you together by our our own royal writ and authority ( without which you could not have met ) to give us faithful counsel about our great affairs , but we resigned not hereby our interest , and freedom , we never subjected our self to your absolute determination ; we have alwayes weighed your counsel as from a body intrusted by us , and when we have dissented from you , we have returned you the reasons which had prevailed with ou● understanding and conscience , and with such candor , that a prince should use towards his subjects , and with that affection a father should express to his children ; what applications have been used to rectifie our understanding by reasons , and what motives have been given by you to perswade our affections , we leave the world to judge ; moreover , we must not forget to tell you , however a major part may blind you in matter of opinion , we hold our selfe ( and we are sure the laws and constitutions of the kingdom hath always held the same ) as free to dissent , till our reason be convinced for the general good , as if you delivered no opinion . when we summoned you first together , we did not intend to put the reins of all rule and reason into your hands , and by a kind of blind bruitish formality , and unprincely simpleness , to assent to every thing without examining our own conscience and judgement which yet never pleased us more , then when they concurr'd with yours , this were to bring us back to a nonage , now that we are come long since to the perfect growth of discretion ; you must not think to take from us the mastery and use of our innated reason , and the dictates of our own conscience , or that we will raise a tempest at home , within our brest , to calm a storm abroad ; in fine , we called you together , to propound , not to give law , to be our counsellors , not our controllers , for counsel degenerates from the nature of counsel w●en t is coercive . nor shall we ever enfeeble our regal power , or suffer it to be invaded so far as to give way , that any ordinance or omnipotency of votes , shall be able to suspend an act , already in force without our assent ; to conclude , as we firmly resolve to make the law the measure of our actions , so we expect it should be also the rule of your obedience and deliberations , and that the result of all your counsels be derived from it . polyander . this was home , and high , but what answer did the parliament make to the former letter from notingham ? philanglus . the noble personages who carried that letter were looked upon with an ill aspect by the parliament ; yet an answer was returned , containing this proposal , that the king wo●ld revoke and annul in the first place those proclamations , and o●her publique instruments whereby their adherents were declared traytors , u●der which notion 't was neither honourable for his ma●esty to t●eat with them , nor were they capable to treat with him . polyander . this doctrine i believe they had learnt of the scot ; but what did the king reply ? philanglus . he sent word that he was willing so to do , provided that the parliament would recal likewise their votes , orders , or ordinances passed against such whom they declared delinquents for adhering to the king according to the clear known law of the land , in the reign of hen. . which was , that n●ne should be molested or questioned for adhering unto , or assisting the royal person of the king . this the king desir'd by way of reciprocal correspondence , but it being denied , those overtures for a treaty came to nothing ; so the parliaments army begin to advance , and the kings did daily increase . thereupon the lords that were about the person of the king , whereof there were above threescore , made this publick manifesto . we do ingage our selves not to obey any orders or commands whatsoever , that are not warranted by the known laws of the land ; we ingage our selves and fortunes to defend your majesties person , crown , and dignity , with your just and legal prerogatives , against all persons and power whatsoever : we will defend the religion established by the law of the land , the lawfull liberties of the subjects of england , with the just priviledges of your majesty and the parliament : and we ingage our selves further , not to obey any rules , order or ordinance whatsoever concerning any militia , that hath not the royall assent . to this was subjoined another . we whose na●es are under written , in obedience to his majesties desire , and ou● of the duty we ow to his honour , and to truth , being here on the place , and witnesses of his majesties frequent and earnest declarations and professions of his abhorring all designs of making war upon the parliament ; and not finding any councels that might reasonably beget the belief of any such design ; we do promise before god , and testifie to all the world , that we are fully perswaded , his majesty hath no such intention , but that all his indeavours tend to the ●●rm , and constant settlement of the true religion , and the just priviledges of parliament , the lib●rty of the subject , with the laws , peace and prosperity of this kingdom . but all this would not serve the turn , for neither parliament nor people would give credit to any thing that drop'd from king or peers , specially the city of london , where the presbyterians played their parts notably , by inciting the people to a war for preventing the introduction of slavery and sup●rstition ; so , unusual voluntary collections were made both in town and country ; the seamstress brought in her silver thimble , the chamber-maid her bodkin , the cook his silver spoon , the vintner his bowl into the common treasury of war and they who contributed to so pious a work , were invited more then others in some churches to come to the holy communion in the very time of administration ; and observed it was that some sorts of females were freest in those contributions , as far as to part with their rings and earings , as if some golden calf were to be molten and set up to be idolized , which prov'd true for the covenant a little after was set up , which may be said to have been a kind of idol , as i shall make it appear hereafter . thus a fierce funestous civil war was a fomenting in the very bowels of england , which broke out into many storms and showers of blood : the fatal cloud wherein this storm lay long ingendring , though when it began to condense first it appeared but as big as a hand , yet by degrees it did spread to such a vast expansion , that it diffused it self through the whole region , and obscur'd that fair face of heaven which was used to shine upon this part of the hemisphere . the king fell to work then in good earnest , and made choice of the earl of linzey for general of the infantry , which choice was generally cried up of all ; prince rupert was made general of the horse , but that election did not find such an applause ; the first incounter that prince rupert had with his godfather the earl of essex was near worcester , where he defeated some of the flower of the parliaments horse ; the king having remov'd from nottingham to derby , and so to strafford , his forces increas'd all along ; but passing by chartly the earl of essex house , the souldiers hop'd to have had some plunder there , but a strict command was given by the kings own mouth that nothing should be touch'd , not as much as a buck , whereat their teeth 〈◊〉 water ▪ as they march'd through his park ; so he came to shrewsbury where the co● kept above a month , at which time , the army multip●i'd exceedingly , to neer upon ●o m● men , and the welchmen coming so thic● down the mountains , did much animate th●english . from shrewsbury the king took a reso●●tion to remove to oxford ▪ but after seve●● dai●s tiresome march , hee understood the parliaments army were within six mile of him , so he went out so far to find the● out , and fac'd them on a sunday mornin● from edg● hil ▪ as they lay in kinton field● where their colours were displayed : a sight of the royal army they discharge some peeces of ordnance in defiance so both parties prepared for battel , a●● the sun had declined above two hours the afternoon before the cannons a● kings infantry could get into the bottom being put there in a fighting posture , and having the wind favourable , the king gave command to let fly the cannons to begin battail ; thus a most furious engagement began , which lasted about three houres , till night parted them ; and some old french and german commanders who were there employed in the royal army , reported afterwards , they never saw such a manful fight in all their lives : prince rupert springing ore a low hedge lind thick with the enemies musqueteers , pursued their horse very far , and did notable execution upon them all the way , and had he not worried them so far , and deserted the infantry , or had not his german souldiers fallen a plundring too soon , matters might have gone better with the king . polyander . i heard it reported that this battail was fought just the same day twelve month that the rebellion and massacre began in ireland . it was so , being the . of october , a day fatal for blood ; now , though this battail of edg-hill may be said to be sudden , inexpected , and unpitched , yet for position of ground 't was fought in as indifferent and a fit place for a battail as possibly could be lighted upon , for the combatants had scope enough to fight , and the spectators , whereof there were multitudes upon the rising adjacent grounds , might behold all as plainly as a tragedy acted upon a stage , or cock fighting in a pit. the parliaments army had the advantage of the kings in point of infantry who were very good fire-locks , most of them having been trained up in london , and so left their wares to follow the wars . they had also the advantage of the king in point of arms , for scarce three parts of four were armed in his army : but for cavalry , the royalists had the greater advantage , for the flower of most of the english gentry was there , in so much that the life-guard of the kings was computed to above one hundred thousand pounds sterling of yearly revenue . about the evening of the day following , both parties retired from the field , the parliaments back towards northampton , the kings to their former road towards oxford , and in the way they took banbury , where there was a strong garison for the parliament , which sure , as the cavaliers gave out ▪ the earl of essex had preserved , had he been then master of the field . after this battail of edge-hill there happened diverse other traverses of war 'twixt king and parliament for about four years , in which revolution of time , there were more skirmiges and battails fought , then happened in those last thirty years wars of germany , or fourscore years wars 'twixt spain and holland . polyander . this shews that the english have still the same old innated valour , that they had when they made the gray goose wing fly through the heart of france , which made comines one of their greatest authors to confe●s , that no nation is more greedy of battail , and more impatient of delayes that way then the english , but how was it possible for the king to subsist so long considering the mighty advantages , the parliament had of him ? philanglus . there were mighty advantages indeed ; for they had all the tenable places , and towns of strength , both by land and sea . they had all the navy royal ; they had the tower of london with all the ammunition and arms of the crown ; they had the imposts and customs , poundage and tonnage , they had the exchequer at their devotion , with the revenues of king , queen , and prince ; they had the city of london , which may be called the great magazin of men and money , where there is a ready supply of all things that may feed , cloath , or make them gay and gallant , to put them in heart and resolution . polyander . then they had sea , city and scot on their side . but how came the scot to be so against the king , or to levy armes without his commission , considering the late great protestations and oaths they had made not to do it , by reviving the act of parliament to that effect ▪ which they said they did in recognition of those royal recent favours , and unparalleld mighty concessions and acts of grace , which he had done them by their own confessions ? philanglus . they were indeed mighty , or rather monstrous acts of grace that he had passed unto them , which did so trench upon the royal prerogative , and so de●ude him of all power that it mought have been said of him ever after , that he was king of scotland , no otherwise then he was king of france , titular only . polyander . how did the scots expresse their thankfulnesse to their king and country-man afterwards for such transcedant favours ? philanglus . they proved the greatest monsters of ingratitude of any upon earth specially the kirk-men whom he had obliged in an extraordinary manner ; for the king being informed of the mean condition of church-men in that kingdom , who by their holy function have a care of the noblest part of man , and being told what poor pittances or rather benevolences one●y they had ▪ and for those also how they depended upon the will and pleasure of the laic by a special commission to that purpose , he found a way not onely to augment but to ascertain those salaries of church ministers upon good firm rent ; whereby they might be free from that servile kind of clientele and dependency they had upon their secular patrons . polyander . questionlesse this was a mighty general advantage to the clergy of scotland , both in point of esteem and subsistence , but what returns did these royal favours receive ? philanglus . those foolish kirk men grew afterwards his greatest enemies by virulent seditious preachments and pasquils to corrupt and lessen the hearts of the subjects towards him nay , when he made himself a prisoner to the scots army at newark and newcastle those kirk-men did so little resent his hard condition , that they did preach up and down against his comming to scotland , &c. moreover , whereas , the common sort of freeholders who were bound to pay tithes to the impropriation or lords of the erection , as they stil'd themselves , were us'd to be much incommoded , and oftentimes damnified , because they could not take in their corn till the secular lord had fetched away his tithe , which he would sometimes delay of purpose , to shew his passion or power , whereby the whole crop for not taking the advantage of the weather , oft-times did suffer : the king for relief of the country husbandman , appointed certain commissioners to take this grievance into consideration , who after much pains taken in the businesse , found out a legal and indifferent way to purchase those tithes and bring the impropriator to take a pecuniary set valuable rent , which was also an advantage to him , in regard of the certainty of it . polyander . it was doubtlesse an advantage to both parties , but how did they carry themselves towards the king afterwards ? philanglus . just as the kirk-men did ; but you shall hear more , when the king , as i told you before , had in a full parliament confirm'd unto the scot all the priviledges of kirk and kingdom , when he had made an oblation to them of all the bishops lands , conferred many honours and offices , and done them many other obliging acts of grace , and all this gratis , the english parliaments using alwaies to answer their kings favours in this kind , with a supply of treasure , i say in having done all this gratis , he before his departure desired them to continue their allegiance , and live in peace , for they had not now the least grievance to complain of , and if any difference should fall out betwixt him , and his english subjects which he hoped god would avert , he desir'd them not to intermeddle , for whereas he might expect and demand aid of them if the case requir'd , yet he would not trouble the repose of that his native countrey : this they all did not onely promise to do , but they did solemnly oblige their souls thereunto by revival of the act i told you of before , at the publishing whereof one of their grandees fell on his knees , and lifting up both his arms , wish'd they might rot to his body before death , if ever he would heave them up hereafter , or draw sword against his gid king ; yet for all this they intruded themselves into the kings affairs , convok'd a parliament without his summons , sent commissioners to oxford , and thrust themselves to be vmpires : they made besides , a strict league with the english parliament , and at last rush'd into england again with an army in the dead of winter , which army they had levied not onely without , but expresly against the kings commission and countermands ; that wretch who had publickly vowed never to draw sword again without his majesties commission , &c. comming general of the said army : but for martial exploits the little credit that army got by storming newcastle was not countervailable to that which they lost before hereford , where the welchmen bang'd them to some purpose from before the town , and made their general after weeks siege to trusse up his pack and away , sending him a fat sow with a litter of piggs after her , and a blew bonnet upon her head for his breakfast . i must inform you farther , that the king being reduced to much extremity in oxford , by crosse successes and councils , he got away in a serving-mans disguise to the scots army neer newark as his last refuge , which plot was managed by the subtilety of the french agent then residing here : a man would have thought that nation would have deemed it an eternal honour to have their own king and country man to throw himselfe thus into their armes , and repose so singular a confidence in them upon such an exigent ; but they corresponded not with him as he expacted ; for though at first when the english parliament sollicited their dear brethren for a delivery of the kings person unto them , their note was then , that if any stranger prince had put himselfe so upon them , they could not with honour deliver him up , much less their own native king , yet they made a sacrifice of him afterwards for a summe of money ; whereupon bellieure the french embassador being convoyed by a troop of scots horse to such a stand , in lieu of larges to the said troopers he drew out half a crown piece , and asked them how many pence that was , they answered thirty pence , he replied , for so much did judas betray his master , and so hurld them the half crown . polyander . but afterwards the scots carried themselves bravely by sending a gay army under d. hamilton to assist the king . polyander . touching that presbyterian army , the bottom of its design is not known to this day , and i was told , that when the king heard of it , and that himilton was in the head of it , he should say ; then i expect but little good to be done for me . polyander . certainly the routing of that army , was a glorious exploit of the lord protector that now is , his forces not amounting to the third part of the scots . philanglus . it was certainly a very heroik achivement , as also was the battail of dunbar , where the scots had greater advantages far of him : which two exploits deserve to be engraven in large letters of gold in the temple of immortality , and transmitted to after ages ; for hereby he did more then roman emperours , or after them ▪ the saxon , danish , norman , and english kings could ever do , to conquer that craggy country , and make england scot-free ever hereafter . but before i have done with this unlucky nation ; i will give you a touch of those visible judgments which have fallen upon them so thick one upon the neck of another in few years more then fell upon the jews in forty ; first there happened the greatest plague in edenburgh , that ever was in that country , for in less then a twelve-month , the town was peopled with new faces , the pestilence having swept away almost all the old : there have been above witches arraigned and executed there within these few years : after the routing of d. hamilton , and the battail of dunbar , with that at worcest●r , many thousands of that nation have been bought and sold in quality of slaves to be banished , and sent over to forraign plantations , what numbers of them were starved , and buried before they were dead ; and what is now become of their hundred and ten kings , and their crown ? which i heard them brag , was more weighty , as having more gold in it then the english ? and for their government they are reduced to be as pure a subordinate providence , and subject to the will of the conqueror as ever country was . polyander . i must tell you also that they have lost much of their repute abroad ; but if i were worthy to be heard by the lord protector , i would make a motion that his highnesse would take in at least , all the land 'twixt barwick and edenburgh into the english pale , and impose a new name upon it for an eternal mark of conquest , and for enlargeing the skirts of england . but sir , it is time for you now under favour to return to london , and know what the paraliment doth . philanglus . there are all artifices used to make the king odious , and both the press and the pulpit joyn in the work ; new distinctions are coyned , that though he was gods ●nynted , yet he was mans appointed ; that he had the commanding but not the disposing power ; that he was set to rule , but not to over●rule us : that he was king by humane choice , not by divine charter ; that he was not king by the grace of god , but by the suffrage of the people ; that hee had no implicit trust or peculiar property in any thing , that populus ●st potior rege , that grex lege , lex rege potentior ; that the king is , singulis major , but universis minor . lastly , that he was but a creature , and production of the parliament● &c. moreover all artifices are used to raise money : the first way that the parliament used ( after a royal subsidy of l. ) was to poll us , then they went on to clip and shave us , and had they continued longer , they had fallen a fl●ying of us : they lighted on no lesse then twenty severall ways to get money above board , whatsoever they got below . polemoney , and the royal subsidy were the first two . . free loans and contributions upon the publick faith , which swelled to an incredible sum , . the irish adventures for sale of lands . the first and second time . . the general collection for relief of the distressed protestants in ireland , to which use the hollanders sent over in mony and corn , neer upon l. and the e●glish collections came to neer four times so much , so that in all , both collections amounted to above l. sterling , and yet not ten thousand pound , not the twentieth part was employed to the right use . . they grew so hungry for money , that they impos'd the weekly meal . . the city loan after the rate of five subsidies . . a particular assessement for bringing in our dear brethren , the scots . . the five and twentieth part . . the weekly assessment for the lord generals army . . the weekly assessement for sir tho. fairfax army . . the weekly assessement for the scots army . . the weekly assessement for the british army in ireland . . the weekly assessement for the lord of manchesters army . . the kings , queens , and princes revenues . . sequestrations and plunder by committee . . compositions with delinquents , and fines , which came to sums passed all understanding . that ●utch devil the excise . . fortification money . . bishops deans and chapters lands . to this may be added the ship sancta clara , valued in money and merchandize at ● l. sterling , which was detain'd at southampton for reparation of those damages that some english merchants had received by the spaniard , as it was declared in the house , but not a farthing thereof was imployed to that use , notwithstanding that many with expence of time and coin did solicit for the same ; and lastly , the houshold stuff of the king , queen , prince and others ; whereof some small proportion was allotted for payment of the arrears of the kings poor servants ; but they were to advance two in the pound be fore-hand before they could be admitted to any divident , and t is incredible what jugling there was used in that business , for some receaved nothing thereby but loss upon loss : nay they took away moneys given to repair churches , and in some places robb'd the very lazaretto . polyander . sure , these vast sums must amount to a huge mass of money , money enough to have pourchas'd half a dozen kingdoms instead of purging one . touching that du●ch devill you speak of , the excise , i remember sir dudley carleton when he was secretary of state did but name it in one parliament , and it was such a bugbear abominable word , that he was called to the barr , and hardly escap'd going to the tower , though he made use of it to no ill sense ; but was there no account given of these publik erogations and taxes ? philanglus . an account was often voted and promised , but never performed ; for then they should have discovered how much their own memberships had swallowed for their private interest of the publique tresure , by free gifts among themselves , and the perquisites of gainfull offices . polyander . but we heard beyond sea , that they had passed a solemne ordinance of 〈◊〉 o● self-abnegation , called the self-de●ying ordinance , whereby they made themselves incapable of offices , and other things of gain . philanglus . 't is true there was such an ordinance , and 't was thought it pass'd principally to remove essex from the generalship , whom they began to suspect , but nothing was afterward lesse observed . polyander . i heard you speak of money's borrow'd upon the publique faith , i pray how were those reimboursed ? philanglus . it was the first●time that publick faith did ever set up for herself , and she quickly grew to be a bankrupt ; and never was there such double dealing used by any publick assembly ; for when the lenders upon that publique faith came to demand their mony 's , they could not have them , unless they doubled the first sum , together with the interest they had received , and then they should have the valu in church or crown lands , but if they doubled not both interest and principall , they should not be capable to have any la●ds allowed for their mony 's ; divers to my knowledge have ruin'd themselves hereby , and though they clamor'd , and spoak high language at the parliaments dore , and were promised satisfaction , yet they could not get peny to this day . poliander . i heard this cry'd up abroad to be the arrand'st cheat that ever was done by a great counsel , and one of the foulest blemishes that england cold receave , by making her forefeit her faith in that manner . fides publica , fides punica . i heard likewise of divers interlopers , that for half a crown in the pound were used to buy the publique faith bills , as others drive on a trade to buy the soldiers debenters . but whereas we have spoke a little of that dutch devil the excise , we heard abroad of a scotch devil also , though of an other nature , that was risen up amongst you , which was the covenant ; i pray how was he conjur'd up ? philanglus . that covenant was conjur'd up by the presbyterian party , and , may be called a worse devill than the excise for the one tyranniz'd o're the purss , the other ore the conscience ; but what an unmanly and dishonorable thing was it for the english nation to bind their souls for conserving the religion of another foren people inferior to them ▪ for conserving the doctrine , disciplin , and government of that church which not one en●lish man in a thousand did understand , and yet every one must take the holy covenant by a blind implicit faith ? but now that we have fallen upon the covenant which may be said to be an engin ●org'd in hell for battry of the conscience , i will tell you of an odd passage that happend about that time ; there was one ma●ter heron a printer , who being sent for by the lady tilbury , she told him that now that there is a nationall covenant come forth , which every one must taste , she had a sermon in a fair manuscript of that great light of the church master brightman which treats of univers●l coven●n●s , how far they are agreeable to scripture , and consonant to the word of god , and it had bin preached before the house of commons thirty yeers before , therefore it would be now very seasonable to print and publish it ; the printer giving her ladyship many thanks , received the sermon , ( which she avouched upon her honour to be a true copy ) and undertook the business , so he went to him who was appointed by the synod to licence for the press pieces of that nature , to get an imprematur , but the syododcall man having kept the sermon above three dayes by him , the printer went for his sermon and found it formally licenc'd for the press , but most pittifully falsified , interlin●d and adulterated in many places ; for whereas the opinion of brightman throughout the whole sermon , was , that a n●tionall and generall covenant was agreeable to the word of god , provided , the k●ng did give his royall assent thereunto , without w●ich it w●s both detestabl● and d●mnable ; the holy synodicall man had expung'd the word king every where , and foisted in the room of it , sometimes the word parliament , sometimes the trustees of the common wealth ; the printer having perus'd the interlinations told him , that were he to get l. by printing that sermon , he would not be so arrand a knave as to wrong the dead so much , by making him speak what he never meant , nay things qu●te contrary to his meaning ; i saw the said sermon , and the manner how it was so basely sophisticated . polyander . there was another oath consisting all of negatives , called the oath of abjuration , which i also heard of , that came out about the same time , which extended to take away the liberty of the very thought , it did not only re●●h the outward man , but it ransack'd all the cells of his brain , with the intern ideas and cogitations of his mind . philanglus . truly , under favour , and correction , i humbly speak it , there is a kind of inhumanity , and {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} in that oath ; for all laws are made , and all magistrates are instituted to restrain the outward man , and regulat his actions , as they refer to the public ; for it matters not what private crochets we have in our single selfs , so we be in comfort and tune with our companions ; the law considers us as we have reference one to another , and to the body politic , therefore it neither useth to limit our private spendings , nor ties us to any cours of diet or p●ysick , because our single fortunes , and health , though they mightily concern our selves , yet they are but of little importance to the publique ; and as every one enjoyes this liberty in relation to his body , and goods , so our souls ought to be allow'd a proportionable share of that freedom , so that it give no scandall to the publique . our thoughts , as long as we keep them within dores , cannot any way offend therefore the law hath provided no punishment for them ; the intention of murther is taken no notice of by the law , if the design of mischief stay at the imagination , and proceeds no further to any outward attempt , the law referrs that to the great tribunal of god who is the only kardiognostic , the sole searcher of the heart ; if a law were justifiable against erroneous thoughts in points of religion , with an oath of abjuration to make the suspected accuse himself , why ( as a gentleman doth rationally inferr ) should there not an oath be also provided against thoughts of treson , adul●ery and murther ? and so bring every one to swear whether he be guilty or no of such crimes . now , touching this presbyterian oath of abjuration , it is not contented with a modest , and simple deniall , that one believes there are no such and such things , but he must swear positively and point blank there are no such things at all ; now , though i am not of the same opinion with copernicus that the earth moves , and the sun stands still , yet i w●ld be loth to swear either the one or the other . polyander . i observe that this oath hath a double edg , for either it must wron● o●e's conscience , or ruine his fortunes ; besides he is condemn'd without either accuser or witness , the party himself must be both against himself , and what can be more repugnant to nature ? philanglus . it is not only opposit to the law of nature , but the common law of england doth so abhor that any shold accuse and condemn himself , that there were extraordinary provisions made against it by our progenitors , therefore if any had bin cited in the spirituall court to accuse himself pro salute animae , a prohibition lay at the common law to stop and supersede their proceedings : all which is humbly left to the consideration of the present government . polyander . i infer out of this , that if the presbyterian had established himself he had proved the ugliest tyrant that ever was on gods earth , if you relate to soul , body , or goods , in lieu of bishops , we should have had nine thousand and odd pop●s , who would have delivered us over t● satan ever and anon , and puzzeled us with their parochial , congregational , and national classes . but i cannot wonder enough that the house of commons shold so busy themselves so much , and undertake to frame , and impose new oaths , when by the law of the land they had● or ●ower as much as to administer an old oath to the meanest subject ; and touching that c●vena●t , what could be more opposit unto their former oath ? for therein they offered their souls to preserve that r●ligion which was established by the laws of ●ngland , and in the covenant they bind them●elves , to conserve that which was established by the laws of scotland , and to that purpose they may be said to offer to god for their security to sa●an ; moreover , those demogogs or popular dagons , though they were so forward to constrain all other of their fellow subjects to take and swallow up any oaths , yet two parts of three among themselves did not take them , as i have been often told . but sir , now that you have been pleased to inform me of their carriage in spirituall things , how did they comport themselves in civill matters , after they had monopolized unto themselves all power by the act of continuance ? phil●nglus . first i must tell you , that touching that monstrous act , the soundest lawyers of the kingdome were of opinion , that it was of no validity , that it was void in it self , in regard that what grants or concessions soever the king makes , the law presupposeth , they are alwayes made with these proviso's , sa●vo j●re regio , salvo jure coronae ; now it was impossible that any grant could possibly trench more upon the right of the king or crown , as that extravagant act of continuance , therefore it was n●l in its own nature at the first ; nay , as some affirmed , the very proposall of it was treson in a high degree . but having hooked the power thus into their hands , they strained it up to the highest pitch that could be ; they made themselves land-lords of al the three kingdoms , it was a common thing to take any man , house over his head , and make use of it for their service ; they meddled with every thing , so far , that scarce a church-warden or vestry-man could be made without them , they would have a hand in making common counsel men , and constables , with other petty officers . polyander . me thinks that was somewhat derogatory to the supremacy of their power , for great counsels should not descend to every petty object , but with their high authority they should enlarge their souls to consider of universals . philanglus . i could produce many instances how they undervalued themselves this way , but let this one suffice . it happened one day that a company of ramping wenches , who went under the name of mayds , or holy sisters , came with a remonstrance to shew their affections to the house , and they were headed by mrs. ann stagg ▪ who was to deliver the remonstrance ; hereupon a choise member was voted to go to mrs. ann staggs lodging , to thank her and the r●st of the maydens for their good affections to the parliament , &c. but to be more serious with you , touching civill matters , whereof you gave a touch before , there was nothing so common in those times as a ch●rg● without an accuser , a sentence w●thout a ju●ge ▪ and cond●mnation without hearing : how many were outed of their freeholds , liberty and livelihoods before any examination , much le●se conviction ? how many appeals were made from solemne tribunalls of justice to inferior committes ? how common a thing was it to make an order of theirs to control a●d suspend the very fundamental laws of the land ? polyander . but this was in the brunt of the war , which the king did necessitate them unto , as he acknowledged in the treaty at the isle of wight . philanglus . 't is true he did so , but he did it upon two weighty considerations , and as it had reference to two e●ds , first to smoothen things thereby , and pave the way to a happy peace : secondly , that it might conduce to the further security of the two houses of parliament with their adherents : besides he did it when the razor was as it were at his throat , when there was an army of above effect if horse and foot , that were in ●otion against him ; then , this acknowledgment was made , with these two proviso's and reservations ; first ▪ that it shold be of no vertu and validity at all till the whole treaty were totally consummated ; secondly , that he might when he pleased enlarge , and cleer the truth hereof with the reservedness of his meaning by publique declaration ; moreover , that grant or acknowledgment was but a preambular proposition it was not of the essence of the treaty it self ; now , as the philosophers and school-men tell us , there is no valid proof can be drawn out of proems , introductions , or corollaries in any science , but out of the positive assertions , and body of the text , which is only argument-proof , so in the constitutions & laws of england , as also in all civill accusations and charges , fore-running prefaces ( which commonly weak causes most want ) are not pleadable . and though they use to be first in place , like gentlemen ushers , yet are they last in dignity , and shold also be so in framings ; therefore there was too much hast used by the parliament to draw that hyp●thetic provisional concession to the form of an act , so suddenly before the treaty it self was fully concluded . polyander . but who was the first aggressor of that ugly war , the king or the parliament ? philanglus . i will not presume to determin that , only i will inform you , that the parliament took the first military gard ; they first interdicted trade : they countenanced all tumultuous riots , gave way to club-law , and they kept the king by force out of hull , issued commissions for horse , brought in foren force , and had a compleat army in motion , a good while before the royall standard was set up . polyander . i remember a witty motto that the last french cardinal caused to be engraven upon the brich of some new canons which were cast in the arsenall at paris , it was — katio ultima regum . viz. that the canon was the last reason of kings . but whether this motto may fit subjects , i will not now dispute . but sure the king was ill advised so to rush into a war , considering what infinite advantages the houses had of him , for as you say'd before , they had the sea , the scot , and the city on their side ; and the king had no confederate at all at home or abroad ; i am sure he had no friend abroad that one might say was a true friend unto him , unless it was the prince of ora●●e ▪ in regard he had disobliged all other princes : for you know , as soon as he came to the crown , he rushed into a war with the king of spain , and in lieu of making him his brother in ●aw●e made him his foe , which stuck still in his stomach ; as also th●● he had given so fair a reception to the ambassadors of don juan de braganza now king of portug●ll . a little after he broke with the fr●nch king , notwithstanding that he had his sister every night in his arms ; the holland●rs gave out that he had appeard more for the s●aniard than them , in that great fight with do● anton●o d'oqu●nd● ; and that he suffer'd his own ships and others to convey the king of spains mony to dunkerke . he was ingag'd to his onc●e the k. of de●mark in great old s●m● , whereof there was little care taken to give satisfaction ; the iri●h cryed out , they had bin oppressed ; the swed observed that he was more for the house of austria , than for gustavus adolphus ; and at home i have been told that the irish cryed out he had bin oppressed ; and the scot whom he had obliged most of any by such mountains of favours , with divers of his own creatures , and domestic bosome servants whom he had engaged most , started aside from him like a broken bow , so that all things did co-operat and conspir'd as it were to make him a hard-fated prince , and to usher in a revolution . philanglus . yet i heard that all princes were very sensible of his fall . polyander . t' is true , they did must resent it at first , yet they were affected rather with ●stonishment then sorrow ; and touching the roman catholique princes they did afterwards rejoyce at it , considering what a blemish the manner of his death brought upon the reformed religion ; but sir i pray be pleased to proceed . philanglus . the sophies , or gran signo'rs of the common-wealth , whereof we spoke before , scrued up their authority every day higher and higher , they declare , that an ornance of parliament without the royal assent is equivalent to an act ; they declare ; that not onely the consultative , ministerial , and directive power is in them , but also the judicatory , despotical , and legislative highest power is inherent in the walls of their two houses ; that their power is also arbitrary , vbiquitary and incontrolable ; that they are not subject to dissolution or time , being the eternal and irrevocable trustees of the commonwealth , with such rodomontado's ▪ which made one to think that a mid-summer moon had got betwixt them , and therefore thought this anagram a very fit one to be set upon the dore of the house , with the distic annexed , parliamentum , lar amentium . fronte rogas isto p. cur anagrammate non sit , in promptu causa est , principem abesse scias . polyander . they who have pryed into the true humour of a portuguez , have observ'd , that he useth to act more according to what hee thinks himself to be , then what he really is , it seems that these parliamenteers were possess'd and puffed up with the same humour ; but if the supream power were in an assembly , when that assembly is risen , i wonder what 's become of the power , sure it must rest in the air , or sticking to the walls of the chamber where they breath'd . now sir , touching long parliaments , i am of opinion , it is the greatest and generallest grievance that can be possibly to the english people , by reason that besides other irregularities , it stops the ordinary course of law , in regard of the priviledge they have , not to be subject to arrest with others to whom they give protection , now not one in four of that long parliament men , but ow'd money , and what use sir peter t ▪ and others made of that priviledge , to the detriment of a thousand poor creditors , is too well known : and were such men , think you , fit to keep the kingdomes purse in their pockets so long ? but having got the great seal , as well as the sword into their hands , what signal acts of justice did they do ? philanglus . 't is true they had got the seal and sword , which the law of england doth appropriate to the chiefest magistrate , the one should be girt onely to his side , and the other hang at his girdle ; and it was told them to their faces by the knowingest members in the house , that to cut a broad seale of england was the highest reason that possibly could be attempted , without the assent of the governor in chief . now sir touching any signal act of justice they ever did , i am to seek to this day ; but for horrid acts and passages of in justice , i think there could be produced a thousand clear , and yet crying examples ( which would make a greater volume then the book of martyrs . ) i mean acts that were done before the wars begun , and after it was ended , which takes away the specious colour of necessity wherewith they varnished all their excesses and actions . i will instance onely in two ( for this was intended for a short discourse , not for a story ) viz. the business of the lord craven , and sir john stawel : the first a personage who is a great ornament to this nation by his gallant comportments beyond the seas , the other one of the considerablest knights in the whole country . touching the lord craven , he went with consent of parliament to his charge in the low countries , not onely before the war , but before any discontentment happened at all 'twixt king and parliament , and being atten●ing his said military charge at breda when the king of scots came thither , and the queen of bohemia being also there , he could not avoid seeing them sometimes ; nor was there any order or act of parliament to prohibit any body from doing so ; but for intermedling with any affairs of state , or mixing with the scots council , he never did it ; at that time there happened to be in breda , many cashiered english officers , and among them one faulkner , who having a petition drawn , and written all with his own hand , the pourport whereof onely was , that the king would releeve their necessities ; they desired the intercession of my lord craven herein ▪ but he with a civil complement declined the business , for he was not fit to do them service , because , as he said , he was neither courtier nor servant to the king . hereupon faulkner being offended , both with king and craven , in a passion said ( as 't was proved ) this it is to follwo a thing called king , dam me , i 'le to england and do all the mischiefe i can ; being come to london he forg'd another petition , wherein there were scandalous words against the parliament , viz. that they were barbarous inhumane villains . then going with a confident of the parliaments who fed him with money to go on in his design , he made an affidavit upon oath , that the foremention'd officers at breda shewed this very petition to the lord craven , who read it , and delivered it to the king , ( both which was damnably false ) as soon as this deposition was reported to the house , they presently voted a confiscation of all the lord cravens estate ; he being then neer upon a thousand miles off in germany , and no soul appearing for him , nor could any on his behalfe procure a copy of faulkners deposition : craven having notice herof , he sent a most humble petition to the parliament , declaring his innocence , which petition was sent in the dutch ambassadours packet , who delivered it accordingly ; but it was denied to be read in the house , because there was none present , who could testifie they did see the lord craven subscribe it ; he sent afterwards another petition , but it was seven months before it could be read in the house ; in the mean time his estate had been sequestred , his woods cut down , and other spoils done ; his agents here to invalidate the affidavit of faulkner indited him of perjury , which was clearly proved in open court , and the original petition was produced , which was written by faulkner himselfe , wherein there was not one syllable that spoke of the parliament ; there was legal proofe also made that craven had nothing to do with that petition ; this inditement of perjury being found against faulkner by the grand jury , the parliament was informed therewith , yet neretheless a bill passed for sale of the lord cravens estate , and surveyors sent accordingly to the country ; faulkner being thus convicted of perjury , it was prov'd also in court what a nefarious atheistical , and most wicked fellow he was both in his words and actions , how he had nothing more common in his mouth , then dam me , blood and wounds , and buggering of his soul to hell : it was proved that at petersfield he drank a health to the divel , and that he should say our saviour was a bastard , and but a carpenters son , carrying a basket of tools after his father ; the parliament was acquainted with all this , and divers earnest and sedulous applications that possibly could be made , were used , but nothing would prevail . the lord craven finding the house so inexorable and obdurate , rather then so fair an estate should bee canconiz'd and squandred into so many hands , he proposed by way of humble petition , that the house would punish him by way of pecuniary mulct , and there were two able knights attending the door ready to undertake the payment thereof , which motion the lord general , now lord protect●r , did most nobly advance : yet all would not do , but the surveys of the estate being return'd , the bill of sale was compleated , and some of the members of the house stepp'd in with the first to buy the flour of his lands , to the value of l. per annum , as appears by the contracts made at drury house in their own names : that goodly house at causam near redding being in excellent repair , was bought by some , who for greedy lucre and gain utterly defac'd it , they pull'd down the wainscot , stair-cases , lead , iron , and all other materials about the house , which had cost above l. yet they gave the common-wealth , but little above l in monies for it , the price of debentets therein also included . polyander . truly sir , it was one of the hardest peeces of injustice i ever heard of , that such a princely estate ( for i heard by divers , that had the lord craven injoy'd it to this day , it would have amounted to above l. per annum ) a revenue that i know some soveraign princes come short of ; i say it was a sad thing , that by the single testimony of one man , and he such a perjur'd notorious villain as it was apparently proved , such an estate should be destroy'd . philanglus . a sad thing indeed , but besides those pregnant proofs which were produc'd and made good in open court , that abhominable wretch , being lately upon his death bed in the kings bench , confess'd all under his hand and what monstrous wrong he had done the lord craven . but i will proceed now to the other instance i promis'd you . the unlucky war 'twixt king and parliament being begun about the commission of array , the city of exceter was beleaguer'd by sir t. fairfax , which at last rendred her self upon article ; it chanc'd sir jo. s●awel was then in the town ; a full agreement being made , the capitulations sign'd and seal'd , and the place yeelded , sir john came to london in due time to reap the benefit of the articles which were solemnly confirm'd and ratified by both houses of parliament : now , two of those articles were that no oath , covena●t , protestation or subscription should be impos'd upon any person compriz'd within those articles , but onely such as should bind them from bearing arms for the future against the parliament . . that all persons compriz'd in those articles , having made such a subscription ▪ should be admitted to a moderate composition , which was not to exceed two yeers value of any mans real estate , &c. sir john stawel having subscrib'd accordingly , and brought a copy of his subscription , as also a fair certificate from sir tho. fairfax that he was compriz'd in exon articles , made his addresse to . goldsmiths hall , and producing the said certificate and subscription , he petition'd that hee might be admitted to compound according to article ; the commissioners answered , that hee was not capable of composition unlesse he would take the covenant , and negative oath , whereunto he modestly repl●'d , that there was no article for that , but rather è contrario ; whereupon hee was not onely barr'd of his composition , but he was sent prisoner to ely house ; afterwards by the sole order of the house of commons , he was committed to newgate for high treason , in levying war against the parliament , where he continued almost four yeers , in which time , he was several times i●dited of treason , and twice arraign'd at the k. bench bar for his life ; then was he remov'd from newgate to the tower and kept close prisoner , whence hee was several times convented before the high court of justice , which had been newly erected who after many daies trial would neither sentence him , nor acquit him , but onely certified their proceedings to the parliament . now sir , you must know , that presently upon the taking of exceter , his whole estate was sequestred , and continuing so above years , he being not allow'd a peny to put bread in his mouth , hee visibly lost above l. which he humbly prayed might satisfie for his composition , which would not have amounted to the sixth part so much according to article ; he was not onely denied that , but a nigrum theta a black bill was voted for selling away his whole estate : a little after , an act being passed , and commissioners appointed for the relief of prisoners upon articles in time of war , sir john made his addresses unto them , and after above ten moneths debate of the business , the whole court ( consisting of eight commissioners ) delivered their opinions cleerly , that sir john stawel was within the articles of exon , that he had not broken any of those articles ever since , but exactly observ'd and perform'd them , that consequently hee was not onely to have his person unmolested , and his whole estate restored him , but to have satisfaction for the great losses he had received while his estate lay under sequestration , &c. this clear and positive judgement being pronounced solemnly by the court of articles , and the demurres which the trustees appointed to sell forfeited estates , and the pourchasers of sir john staw●ls lands had made , being ov●r ruled , yet the parliament resumed the business , reversed , the sentence of that court they themselves had authorized , and voted that the pourchasers should quietly enjoy and occupy according to their several contracts , what they had bought of sir john stawels estate . p●lyander . good lord , what a world of hardships did that noble knight undergo , as to be so tossed from prison to prison , from bar to bar ▪ yet to be found guilty no where , but to be pronounced r●ctus i●curia , nevertheless , to have a sentence of civil death pronounced against him , viz the loss of so fair and noble an estate as any in the west of england , by the mischievous practice of a member of the house , who , as i heard professed most friendship unto him ! but was there no more care to observe articles of war which is held a sacred thing among pagans and infidels ? the t●rk and tartar , in this point will keep faith with the sword as well as with the cimiter , with the hat as well as with the turban or shash . philanglus . herein a difference may be said to have been 'twixt generals , for the presbyterian generals did not much care how their articles were broke or kept ; but his highness who is now lord protector , was very carefull for the observation of what articles he made , and clash'd about it more then once with the parliament . polyander . truely sir , you have related many horrid things , which might make the word parliament merit the same fate that befel tyrant , sophister , and others , which were good in their first institution , but afterwards came to be odious and reproachful , and will continue so to the worlds end . but 't is much that the parliament which should be the great physitian of the common wealth should become such a mountebank , that in lieu of making up the ruptures 'twixt king and people , and closing the leaks in the great vessell of the state ▪ they should cause more , that like banbury tinkers in lieu of stopping one hole they should make two . there is a saying , that infaeliciter agrotat c●● plus-mali venit à medico , quam à morbo ; that patient is in a sad case , who receives more hurt from the physitian then from the disease ; more mischief from the remedy then from the malady ; t is better for one to endure a little head-ach , then to have his pate broken . philanglus . there breaths not a soule inter quatuor maria , betwixt englands foure seas , who hath a more venerable opinion of parliaments then i , having had the honour to have been a good while a small part thereof ; they were used to be the bulwark of our liberties , the main banks and boundaries which kept us from slavery , from the inundation of arbitrary rule , and unbounded will-government ; this high superintendent court at its first constitution was used to be compared to the macrocosm the great world it self ; the soveraign magistrate was compared to the sun , the nobles to the fixed stars , the judges & other officers who went with messages 'twixt both houses , to the planets , the clergy to the element of fire , the commons to the solid mass of earth ; and as the heavenly bodies when three of them meet in conjunction , use to produce some admirable effects in the great world , so when the three states did use to convene and assemble in one solemn junta , some notable and extraordinary things were used to be brought forth tending to the wellfare of the whole kingdom . now , there were three essential properties that belonged to parliament , viz. fairness of election , fulness of members , and freedom of speech : 't is too well known how little of all three were found in the late long parliament , specially the last , to wit , liberty of speech . for none was permitted to speak , unless he spoke still to the sense of the house , to the sense of the house , which was a pure restraint ; what a deale of time was spent in bandying of answers in remonstrances , in replies , rejoynders , and descanting upon words ? so that the first . months were spent meerly in chopping logick with the king , and nothing at all done ; for fulness of members , they were purg'd at last very low , so that there was scarce the tenth part of what they should have been in number . the king offered to give them a little purge of five or six drams , but it was furiously cast away , because there was too much basilicon in it . then there was a purge of eleven drams given them , wherein there was some unguentum armarium that cures a far off , which made some of them to flie t' other side of the sea , where one member , as soon as he put foot on shore , fell sick of the plague , and so was buried no better then in the town ditch , because he had first infected the place ; at last they had a good sound purge , as big as a drench administred them , which purg'd away above a hundred members at once ; yet all this would not do , for some members were grown so corrupt and putrid , that nothing could cure the house but an utter dissolution , according to the old saying , — immedicabile vulnus ense recidendum — which great dissolution was made without one tear , or drop of bloud , as the portugal embassadour sent word to lisbon ; , for england had been long weary of her physicians , who had they continued longer , might have made her say as alexander the great did on his death bed , perii turba medicorum , i die of too many physicians . polyander . touching fullnesse of members i heard it censur'd by some criticks beyond the seas , for a solaecism in the english government , that they are so many , but specially that the burgesses should exceed the knights ; you know trop gran n●mbre est incombre , too great a number ushers in nothing but confusion encombrances , and noise , which oftentimes was so extreamly loud and obstreperous among them , that as i was told they were heard at lambeth , there could not be a greater among the o●ster women at billings-gate . now sir , there may be tyranny in one , in a few , and in many ; in one , as in the great turk ( and indeed all the eastern emperors ) who with his breath alone , without any legal processe , can take any ones life away , and is sole propriator of the whole country , insomuch that the best man in turky cannot leave one foot of land as an inheritance to his son , but it reverts to the grand signior . secondly , there may be tyranny in few , as in the thirty men of athens , or in some privy councel of state . lastly , there may be tyranny in many , as in some general great convention or popular assembly , and this is the worst of all , it being a rule , that plebs est pessimus tyrannus . philanglus . the late long parliament degenerated to such a one , whereof thousands of instances might be produc'd ; let this one serve at present ; the army had occasion to make their address to the house , upon a business of a just and general concernment ; but the grandees of the house answer'd , that if they should read those demands , they might chance to find them of that nature , as they could not with justice deny them , nor with honour grant them , &c. but herein they shew'd themselves but poor politicians ; for you know it is a true rule . ar●●a renenti , omnia dat qui usta negat . and was it not time then for the army to think of dismissing their memberships ? but the truth is , that if you go to the right rule of parliament , they had dissolv'd themselves i cannot tell how often before ; for besides that the original writ from whence they deriv'd their power was void by the kings death , how often did they rise up in confusion , without adjourning the house ? how oft did they sit without a speaker , he being fled to the army ? how many hundred ways did they break their own priviledges ? what things did they do which they voted shoùld not serve for presidents hereafter ? as strafford's death , and sitting on sunday , &c. how many bills were resum'd , being twice ▪ ejected out of the house of peers ? as those against bishops , and touching the militia , &c. yet were they taken into debate again the same session , which is point blank against the very fundadamentals of parliament : how many thousand petitions ( some whereof were recommended by the lords ) lay mouldring in corners , and were never so much as read in the house ? and was it not high time think you to quell this monster ? or rather , to pull down this idol ? truly this great prudential act of shutting up that house , and the barring up of that cold postern door in the north , may well take place among those many mighty things his highness hath done . polyander . they are mighty things indeed , and they are marvellous in our eyes ; nor do these isles only , but every corner of the habitable earth ring thereof : nay the sea swells high with the breath of them . england may be said to be heretofore like an animal that knew not her own strength ; she is now better acquainted with her self ; for in point of power and treasure , she did never appear so high both at home and abroad , as you said before : this makes france to cringe unto her so much ; this makes spain to offer her peace with indian patacons upon any terms : this makes the hollander to dash his colours , and vail his bonnet so low unto her ; this makes the italian princes , and all other states that have any thing to do with the sea , to court her so much ; though the emperor and the mediterranean princes of germany , whom she cannot reach from her gun-rooms care not much for her . now sir among those many heroick and difficult exploits of divers kinds which his highness hath performed there is one act ( humbly under favour ) may well become the greatness of his spirit ; it is , to reach a timely hand for preserving the stutely temple of pauls from tumbling down , and from being buried in her own rubbish ; a temple which hath above a thousand yeers tugg'd with the fury of the elements , and the iron teeth of time ; the goodliest pile of stones in the world , take all dimensions together . 't is also the greatest and most visible ornament of this renowned city , who would look bald , and as it were crest-fall'n without her ; a temple that hath this singularity above all others , as to be founded upon faith , having a spacious church of that name underneath to serve and support her . i remember it was observ'd how in that disastrous expedition to the isle of rhe , the great stones which were design'd to repair pauls , were carried away to make ballast for ships ▪ and for other warlike uses in that service , which made some judicious critiques of those times ●o foretel the unlucky and inglorious return we made thence . some giddy heady puritan in reading this , will presently shoot his bolt , and cry out , that i have a pope in my belly , but you know my intellectuals better . philanglus . i know well sir , your principles are otherwise ; but i concur with you in opinion , that it would be a very glorious thing to atchieve such a work , and one moneths tax or two would do it ; or if his highness would give way ▪ that a general contribution might be made to that purpose ; other vast sums are daylie spent , but little or nothing appears of them afterwards in point of effect ; those monies that would be employ'd in this , will leave somthing behind them , viz. a glorious visible monument to all posterity , which will make after ages to bless these times . polyander . such a monume●t would suit well with the grandeur of his highness , whom all nations cry up for the hero of the times , and a special instrument design'd for great actions , he would gain the applause of millions of souls hereby , both at home and abroad where i have heard divers , who are far from thinking any inherent holiness to odge in stones or inanimate things , i say , i have heard divers of the reformed churches sadly complain , that pauls in the case it is , is the ruthfull'st spectacle upon earth ; but now sir , i take leave to give you serious thanks for the elaborate relation you have been pleas'd to make me of the proceedings of that long parliament , which in lieu of redressing grievances , became it self at last the greatest grievance . as also of the practise and modesty of parliaments in former times , who declin'd high affairs of state , specially forraign , much more to arrogate to themselves the supreme power ; for soveraignty may be said to be an indivisible way , deriv'd and d●r●ed from the divine majesty it self , it cannot be divided among a multitude ; we never read that the people were call'd gods , or the lord's anointed , or nursing f●thers , nor do ●e read of any aristocracies or democraci●s at all in the holy scriptures . therefore i ascribe to his judgment ▪ who holds , that the firmest and most c●mp●ndious way of government is , when the supremacy resides in one per●on , whom the people ought to trust by an indispensable necessity for their own advantage , in steering the great vessel of the common-wealth , with the advice of a select council : and herein a state may be compar'd to a gally , wherein some are to observe the compass , others to furl the s●yls , others to handle the ropes , others to rug at the oar , others to be ready ●n arms , but there is but one pilot to sit at the helm . it is requisite also that this single person should be attended with a visible standing veteran army , to be pay'd well , and punish'd well if there be cause , to awe as well as to secure the people , it being the greatest soloecism that can be in government , to depend meerly upon the affections of the people , for there is not such a wavering windy thing , not such an humoursome and cross-grain'd animal in the world as the common people ; and what authors soever , either greek or latine , have pretended to policie , affirm so much . there be divers modern writers that busie their brains to prescribe rules of government , but they involve the reader in vniversals , or rather bring him to a labyrinth of distinctions , whereby they make the art of mast●ring man to be more difficult , and distracted then it is in it self . philanglus . sir , touching the account you speak of , that i have endeavour'd to render of the traverses that happen'd for matter of fact ▪ during the reign of the long parliament , i have given you but cursory short touches ; there would be subject enough for so many tomes as would make a library , if one should relate all ; but for inferences and conclusions in point of judgement which may be drawn out of what hath been said already , i leave that to be done in the close of every ones private conscience . gloria honorque deo saeclorvm in saecvla svnto . a chronogram of the present yeer , and that will last till . an advertisement . let the discerning reader be pleas'd to know , that whereas in the fore-going con●er●nce : there are some free touches at divers things happen'd in the late long parliam●nt . what is ●poken that way , is spoken with this restrictive rule of the logician : non de singulis generum , sed d● generibus singulorum : it is well known , there sate there as prudential and well temper'd men , as england affords , whose chiefest aym was the common good . the former discourse is far from meaning such noble patriots , but only those , who having tasted the sweetness of authority , thought to immortalize that session , and make themselves perpetual dictators . finis . his majesties declaration defended in a letter to a friend being an answer to a seditious pamphlet, called a letter from a person of quality to his friend : concerning the kings late declaration touching the reasons which moved him to dissolve the two last parliaments at westminster and oxford. dryden, john, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; 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(eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) his majesties declaration defended in a letter to a friend being an answer to a seditious pamphlet, called a letter from a person of quality to his friend : concerning the kings late declaration touching the reasons which moved him to dissolve the two last parliaments at westminster and oxford. dryden, john, - . p. printed for t. davies, london : . assigned to dryden on the authority of halkett and stonehill. reproduction of original in huntington library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- sovereign ( - : charles ii). -- his majesties declaration to all his loving subjects. great britain -- politics and government -- - . - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion his majesties declaration defended : in a letter to a friend . being an answer to a seditious pamphlet , called a letter from a person of quality to his friend : concerning the kings late declaration touching the reasons which moved him to dissolve the two last parliaments at westminster and oxford . london : printed for t. davies , . the kings declaration defended . sir , since you are pleas'd to require my opinion of the kings declaration , and the answer to it , which you write me word was sent you lately , i shall obey you the more willingly , because i know you are a lover of the peace and quietness of your country ; which the author of this seditious pamphlet , is endeavouring to disturb . be pleas'd to understand then , that before the declaration was yet published , and while it was only the common news , that such an one there was intended , to justifie the dissolution of the two last parliaments ; it was generally agreed by the heads of the discontented party , that this declaration must be answer'd , and that with all the ingredients of malice which the ablest amongst them could squeeze into it . accordingly , upon the first appearance of it in print , five several pens of their cabal were set to work ; and the product of each having been examin'd , a certain person of quality appears to have carried the majority of votes , and to be chosen like a new matthias , to succeed in the place of their deceas'd iudas . he seems to be a man cut out to carry on vigorously the designs of the phanatique party , which are manifestly in this paper , to hinder the king , from making any good impression on his subjects , by giving them all possible satisfaction . and the reason of this undertaking is manifest , for if once the goodness and equity of the prince comes to be truly understood by the people , the authority of the faction is extinguish'd ; and the well meaning crowd who are misled , will no longer gape after the specious names of religion and liberty ; much like the folly of the iews , expecting a messiah still to come , whose history has been written sixteen hundred years ago . thus much in general : i will now consider the cavils of my author against the declaration . he tells us , in the first place , that the declaration seems to him as afore-runner of another parliament to be speedily call'd : and indeed to any man in his right sences , it can seem no other ; for 't is the business of its three last paragraphs to inform the people , that no irregularities in parliament can make the king out of love with them : but that he looks upon them as the best means for healing the distempers of the publick , and for preservation of the monarchy . now if this seems clearly to be the kings intention , i would ask what need there was of the late petition from the city , for another parliament ; unless they had rather seem to extort it from his majesty , than to have it pass for his own gracious action ? the truth is , there were many of the loyal party absent at that common council : and the whole strength of the other faction was united ; for it is the common failing of honest men to trust too much in the goodness of their cause ; and to manage it too negligently . but there is a necessity incumbent on such as oppose the establish'd government , to make up with diligence , what they want in the justice of their undertaking . this was the true and only reason why the majority of votes was for the petition : but if the business had not been carried by this surprise , my lord mayor might have only been troubled to have carried the addresses of southwark , &c. of another nature : without his offering them with one hand , and the city petition with the other ; like the childrens play of , this mill grinds pepper and spice ; that mill grinds ratts and mice . in the next place he informs us , that it has been long the practice of the popish and arbitrary party , that the king should call , frequent , short , and useless parliaments , till the gentry grown weary of the great expences of elections , should sit at home , and trouble themselves no more but leave the people expos'd to the practices of them , and of their party ; who if they carry one house of commons for their turn , will make us slaves and papists by a law. popish and arbitrary , are words that sound high amongst the multitude ; and all men are branded by those names , who are not for setting up fanaticism and a common-wealth . to call short and useless parliaments , can be no intention of the government ; because from such means the great end of settlement cannot be expected . but no physitian can command his physick to perform the effects for which he has prescrib'd it : yet if it fail the first or second time , he will not in prudence lay aside his art , and despair of his patient : but reiterate his medicines till he effect the cure . for , the king , as he declares himself , is not willing to have too hard an opinion of the representatives of the commons , but hopes that time may open their eyes , and that their next meeting may perfect the settlement of church and state. with what impudence can our author say , that an house of commons can possibly be so pack'd , as to make us slaves and papists by a law ? for my part i should as soon suspect they would make themselves arbitrary , which god forbid that any englishman in his right sences should believe . but this supposition of our author , is to lay a most scandalous imputation upon the gentry of england ; besides , what it tacitly insinuates , that the house of peers and his majesty , ( without whom it could not pass into a law , ) would suffer it . yet without such artifices , as i said before , the fanatique cause could not possibly subsist : fear of popery and arbitrary power must be kept up ; or the st. georges of their side , would have no dragon to encounter ; yet they will never persuade a reasonable man , that a king , who in his younger years , when he had all the temptations of power to pursue such a design , yet attempted it not should now , in the maturity of his judgment , and when he sees the manifest aversion of his subjects to admit of such a change , undertake a work of so much difficulty , destructive to the monarchy , and ruinous to himself , if it succeeded not ; and if it succeeded , not capable of making him so truly great as he is by law already . if we add to this , his majesties natural love to peace and quiet , which increases in every man with his years , this ridiculous supposition will vanish of it self ; which is sufficiently exploded by daily experiments to the contrary . for let the reign of any of our kings be impartially examin'd , and there will be found in none of them so many examples of moderation , and keeping close to the government by law , as in his . and instead of swelling the regal power to a greater height , we shall here find many gracious priviledges accorded to the subjects , without any one advancement of prerogative . the next thing material in the letter , is the questioning the legality of the declaration ; which the author sayes by the new style of his majesty in council , is order'd to be read in all churches and chappels throughout england , and which no doubt the blind obedience of our clergy , will see carefully perform'd ; yet if it be true , that there is no seal , nor order of council , but only the clerks hand to it , they may be call'd in question as publishers of false news , and invectives against a third estate of the kingdom . since he writes this only upon a supposition , it will be time enough to answer it , when the supposition is made manifest in all its parts : in the mean time , let him give me leave to suppose too , that in case it be true that there be no seal , yet since it is no proclamation , but only a bare declaration of his majesty , to inform and satisfie his subjects , of the reasons which induc'd him to dissolve the two last parliaments , a seal in this case , is not of absolute necessity : for the king speaks not here as commanding any thing , but the printing , publishing and reading . and 't is not denyed the meanest englishman , to vindicate himself in print , when he has any aspersion cast upon him . this is manifestly the case , that the enemies of the government , had endeavour'd to insinuate into the people such principles , as this answerer now publishes : and therefore his majesty , who is always tender to preserve the affections of his subjects , desir'd to lay before them the necessary reasons , which induc'd him to so unpleasant a thing , as the parting with two successive parliaments . and if the clergy obey him in so just a design , is this to be nam'd a blind obedience ! but i wonder why our author is so eager for the calling them to account as accessaries to an invective against a third estate of the kingdom , while he himself is guilty in almost every sentence of his discourse of aspersing the king , even in his own person , with all the virulency and gall imaginable . it appears plainly that an house of commons , is that leviathan which he adores : that is his sovereign in effect , and a third estate is not only greater than the other two , but than him who is presiding over the three . but , though our author cannot get his own seditious pamphlet to be read in churches and in chappels , i dare secure you , he introduces it into conventicles , and coffee-houses of his faction : besides , his sending it in post letters , to infect the populace of every county . 't is enough , that this declaration is evidently the kings , and the only true exception , which our answerer has to it , is that he would deny his majesty the power of clearing his intentions to the people : and finds himself aggriev'd , that his king should satisfie them in spight of himself and of his party . the next paragraph is wholly spent , in giving us to understand , that a king , of england is no other thing than a duke of venice ; take the parallell all along : and you will find it true by only changing of the names . a duke of venice can do no wrong ; in senate he can make no ill laws ; in council no ill orders , in the treasury can dispose of no money , but wisely , and for the interest of the government , and according to such proportions as are every way requisite : if otherwise all officers are answerable , &c. which is in effect , to say he can neither do wrong nor right , nor indeed any thing , quatenus a king. this puts me in mind of sancho panca in his government of the island of barataria ▪ when he was dispos'd to eat or drink , his physitian stood up for the people , and snatch'd the dish from him in their right , because he was a publick person , and therefore the nation must be judges to a dram and scruple what was necessary for the sustenance of the head of the body politique . oh , but there is a wicked thing call'd the militia in their way , and they shew'd they had a moneths mind to it , at the first breaking out of the popish plot. if they could once persuade his majesty , to part graciously with that trifle , and with his power of making war and peace ; and farther , to resign all offices of trust , to be dispos'd by their nomination , their argument would be an hundred times more clear : for then it would be evident to all the world , that he could do nothing . but if they can work him to part with none of these , then they must content themselves to carry on their new design beyond seas : either of ingaging the french king to fall upon flanders , or encouraging the states general to lay aside , or privately to cut off the prince of orange , or getting a war declared against england and france conjoyntly : for by that means , either the king can be but a weak enemy , and as they will manage matters , he shall be kept so bare of money , that twelve holland ships shall block up the river , or he shall be forc'd to cast himself upon a house of commons , and to take money upon their terms , which will sure be as easie , as those of an usurer to an heir in want . these are part of the projects now afoot : and how loyal and conscionable they are , let all indifferent persons judge . in the close of this paragraph , he falls upon the king for appealing to the people against their own representatives . but i would ask him in the first place , if an appeal be to be made , to whom can the king appeal , but to his people ? and if he must justifie his own proceedings to their whole body , how can he do it but by blaming their representatives ? i believe every honest man is sorry , that any such divisions have been betwixt the king and his house of commons . but since there have been , how could the king complain more modestly , or in terms more expressing grief , than indignation ? or what way is left him to obviate the causes of such complaints for the future , but this gentle admonishment for what is past ? 't is easily agreed , he says , ( and here i joyn issue with him ) that there were never more occasions for a parliament , than were at the opening of the last , which was held at westminster . but where he maliciously adds , never were our liberties and properties more in danger , nor the protestant religion more expos'd to an utter extirpation both at home and abroad , he shuffles together truth and falshood : for from the greatness of france , the danger of the protestant religion is evident ; but that our liberty , religion , and property were in danger from the government , let him produce the instances of it , that they may be answer'd ; what dangers there were and are from the antimonarchical party , is not my present business to enquire . as for the growing terrour of the french monarchy , the greater it is , the more need of a supply to provide against it . the ministers tell us in the declaration , that they asked of that parliament the supporting the alliances they had made for the preservation of the general peace in christendom , and had desir'd their advice and assistance for the preservation of tangier : had recommended to them , the farther examination of the plot ; and that his majesty had offer'd to concurr in any remedies for the security of the protestant religion , which might consist with the preserving the succession of the crown , in its due and legal course of descent , but to all this they met with most unsuitable returns . now mark what the gentleman infers , that the ministers well knew , that their demands of money for the ends abovesaid , were not to be complyed with , till his majesty were pleas'd to change the hands and councils by which his affairs were managed . — that is , nothing must be given but to such men in whom they could confide , as if neither the king , nor those whom he employed were fit any longer to be trusted . but the supream power , and the management of all things , must be wholly in their party , as it was in watt tyler , and iack cade of famous memory , when they had got a king into their possession : for this party , will never think his majesty their own , till they have him as safe , as they had his father . but if they could compass their designs , of bringing the same gentlemen into play once more , who some years since were at the helm ; let me ask them , when the affairs of the nation were worse manag'd ? who gave the rise to the present greatness of the french ? or who counsel'd the dissolution of the tripple league ? 't is a miracle to me that the people should think them good patriots , only because they are out of humour with the court , and in disgrace . i suppose they are far other principles , than those of anger and revenge , which constitute an honest statesman . but let men be what they will before , if they once espouse their party , let them be touch'd with that philosophers stone , and they are turn'd into gold immediately . nay , that will do more for them , than was ever pretended to by chymistry ; for it will raise up the shape of a worthy patriot , from the ashes of a knave . 't is a pretty juggle to tell the king they assist him with money , when indeed they design only to give it to themselves ; that is , to their own instruments , which is no more , than to shift it from one hand into another . it will be a favour at the long run , if they condescend to acquaint the king , how they intend to lay out his treasure . but our author very roundly tells his majesty , that at present they will give him no supplyes , because they would be employ'd , to the destruction of his person , and of the protestant religion , and the inslaving the whole nation , to which i will only add , that of all these matters next and immediately under god , he and his party , constitute themselves the supream judges , the duke of york , the queen . and the two french dutchesses are the great support and protectors of the popish interest in these kingdoms . how comes it to pass that our author shuffles the two french dutchesses together ? of which the one is an italian , the other a french woman , and an english dutchess ? is he grown so purblind , that he cannot distinguish friends from foes ? has he so soon forgotten the memory of past benefits , that he will not consider one of them as her , to whom all their applications were so lately made ? is she so quickly become an old acquaintance , that none of the politick assignations at her lodgings are remembred ? after this , who will trust the gratitude of a common-wealth ? or who will blame the conduct of a silly court , for being over-reach'd by the whole french council , when the able part of the nation , the designing heads , the gray wisdom , and the beaux garcons ▪ are all foil'd by a single french woman , at their own weapon , dissimulation ? for the other french dutchess , since i perceive our author is unacquainted with her character , i will give it him ; she is one who loves her ease to that degree , that no advantages of fortune can bribe her into business . let her but have wherewithall to make merry adays , and to play at cards anights , and i dare answer for her , that she will take as little care to disturb their business , as she takes in the management of her own . but if you will say that she only affects idleness , and is a grand intriguer in her heart , i will only answer , that i should shew you just such another as i have describ'd her grace , amongst the heads of your own party : indeed i do not say it is a woman , but 't is one who loves a woman . as for the dutchess of m. either she is a very sincere lover of downright idleness , or she has cousen'd all parts of christendom , where she has wandred for these last ten years . i hope our solid author will pardon me this digression ; but now we have had our dance , let us to our serious business . while these , and their creatures are at the helm , what can we expect for the security of the protestant religion , or what opposition to the ambitious designs of france ? i suppose more reasonably on the other side , that no such persons are at the helm , and that what he has assum'd is but precarious . but i retort upon him , that if some of his party were the ministers , the protestant religion would receive but very cold assistance from them , who have none at all themselves . and for the growth of the french monarchy , i have already told you , to whose counsels we are beholden for it . he goes on ; you will tell me that the supplyes so given may be appropriated , to these particular ends of supporting our alliances , and the relief of tangier : and it may be so limited by act of parliament , that it cannot be diverted to other uses . but he answers that objection by a story of monsieur de sully's telling of h. th of france : let the states raise the money , and tye it as they please ; when they are dissolved , you may dispose of it as you please . all this is to confirm his first unalterable principle , that the king must be sure to finger nothing ; but be us'd as fishers do their cormorant , have his mouth left open , to swallow the prey for them , but his throat gagg'd that nothing may go down . let them bring this to pass , and afterwards they will not need to take away his prerogative of making war : he must do that at his own peril , and be sent to fight his enemies with his hands bound behind him . but what if he thinks not their party fit to be intrusted , least they should employ it against his person ? why then , as he told you they will give him nothing . now whose will be the fault in common reason , if the allyances be not supported , and tangier not relieved ? if they will give him nothing , before they bring him to a necessity of taking it upon their terms , asmuch as in them lyes they dissolve the government : and the interest of the nation abroad must be left in the suds , till they have destroy'd the monarchy at home . but since god , and the laws have put the disposing of the treasury into his majesties hands , it may satisfie any reasonable englishman , that the same laws have provided for the mispending of the treasury , by calling the publick officers into question for it before the parliament . for god be thanked we have a house of commons , who will be sure , never to forgoe the least tittle of their priviledges , and not be so meal-mouth'd as the states of france , of whom neither monsieur sully , nor any of his successors , have never had any cause of apprehension . but since the wisdom of our ancestors have thought this provision sufficient for our security , what has his present majesty deserv'd from his subjects , that he should be made a minor at no less than fifty years of age ? or that his house of commons should fetter him beyond any of his predecessors ? where the interest goes , you will say , there goes the power . but the most ingenious of your authors , i mean plato redivivus , broaches no such principle as that you should force this prerogative from the king , by undue courses . the best use which can be made of all , is rather to support the monarchy , than to have it fall upon your heads . if indeed there were any reasonable fear of an arbitrary government , the adverse party had somewhat to alledge in their defence of not supplying it ; but it is not only evident , that the kings temper is wholly averse from any such design , but also demonstrable , that if all his council , were such as this man most falsely suggests them to be , yet the notion of an absolute power in the prince is wholly impracticable , not only in this age , but for ought any wise man can foresee , at any time hereafter . 't is plain , that the king has reduc'd himself already to live more like a private gentleman than a prince ; and since he can content himself in that condition , 't is as plain , that the supplies which he demands are only for the service of the publick , and not for his own maintenance , monsieur de sully might give what council he thought convenient for henry the fourth , who was then designing that arbitrary power , which his successors have since compass'd , to the ruine of the subjects liberty in france ; but i appeal to the consciences of those men , who are most averse to the present government , if they think our king would put his peace and quiet at this time of day , upon so desperate an issue . what the necessities , which they are driving him into , may make him part with on the other hand , i know not . but how can they answer it to our posterity , that for private picques , self interest , and causeless jealousies , they would destroy the foundation of so excellent a government , which is the admiration and envy of all europe ? the rest of my authors paragraph , is only laying more load upon the ministers , and telling us , that if a sum of money sufficient for those ends were given , while they were managers of affairs , it would be only to set them free from any apprehensions of account to any future parliament . but this argument having only the imaginary fear of an arbitrary power for its foundation , is already answer'd , he adds in the close of it , that the prince has a cheap bargain , who gives paper-laws in exchange of money and power . bargains , he tells us , there have always been , and always will be , betwixt prince and people , because it is in the constitution of our government , and the chief dependance of our kings is in the love and liberality of their people . our present king , i acknowledge has often found it so ; though no thanks i suppose to this gentleman and his party . but though he cry down paper and parchment at this rate , they are the best evidence he can have for his estate , and his friends the lawyers will advise him to speak with less contempt of those commodities . if laws avail the subject nothing , our ancestors have made many a bad bargain for us . yet i can instance to him one paper , namely , that of the habeas corpus bill ; for which the house of commons would have been content to have given a million of good english money , and which they had gratis from his majesty . 't is true , they boast they got it by a trick ; but if the clerk of the parliament had been bidden to forget it , their trick of telling noses might have fail'd them . therefore let us do right on all sides : the nation is oblig'd both to the house of commons for asking it , and more especially to his majesty , for granting it so freely . but what can we think of his next axiome , that it was never known that laws signified any thing to a people , who had not the sole guard of their own prince , government and laws ? here all our fore-fathers are arraign'd at once for trusting the executive power of the laws in their princes hands . and yet you see the government has made a shift to shufflle on for so many hundred years together , under this miserable oppression ; and no man so wise in so many ages to find out , that magna charta was to no purpose , while there was a king. i confess in countreys , where the monarck governs absolutely , and the law is either his will , or depending on it , this noble maxim might take place ; but since we are neither turks , russians , nor frenchmen , to affirm that in our countrey , in a monarchy of so temperate and wholsom a constitution , laws are of no validity , because they are not in the disposition of the people , plainly infers that no government but that of a common-wealth can preserve our liberties and priviledges : for though the title of a prince be allow'd to continue , yet if the people must have the sole guard and government of him and of the laws , 't is but facing an whole hand of trumps , with an insignificant king of another sute . and which is worst of all , if this be true , there can be no rebellion , for then the people is the supream power . and if the representatives of the commons shall jarr with the other two estates , and with the king it it would be no rebellion to adhere to them in that war : to which i know that every republican who reads this , must of necessity answer , no more it would not . then farewell the good act of parliament , which makes it treason to levy arms agaist the present king , upon any pretences whatsoever . for if this be a right of nature , and consequently never to be resign'd , there never has been , nor ever can be any pact betwixt king and people , and mr. hobbs would tell us , that we are still in a state of war. the next thing our author would establish , is , that there is nothing in nature or in story so ridiculous , as the management of the ministers , in the examination of the popish plot. which being prov'd by coleman's and others letters , and by both houses by declaring the king's life to be in danger , &c. yet they have persuaded the king to believe nothing of this danger ; but to apprehend the plot to be extreamly improv'd , if not wholly contriv'd by the presbyterians . and to think it more his concernment to have an end of all ; then to have it search'd to the bottom : and that this was the true reason , why four parliaments , during the examination of the plot have been dissolv'd : reasonable people will conclude , that his majesty and his ministers have proceeded , not ridiculously , but with all that caution which became them . for in the first heat and vehemence of the plot , the avenues of white-hall were more strictly guarded : his majesty abstaining from places of publick entertainment , and the ministers taking all necessary care in council , both to discover conspiracies and to prevent them . so , that simply considered , the popish plot has nothing to do with the dissolution of four parliaments . but the use which has been made of it by the house of commons to dis-inherit the duke , to deny the king supplies , and to make some votes , which the king declares to be illegal , are the real and plain occasions of dissolving those parliaments . 't is only affirm'd , but never will be prov'd by this author , that the king or his ministers have ever been desirous to stifle the plot , and not to have it search'd into the bottom . for to what end has his majesty so often offer'd the popish lords to be brought to their trial , but that their innocence or guilt , and consequently , that of the whole party might be made manifest ? or why , after the execution of the lord stafford , did the house of commons stop at the other lords , and not proceed to try them in their turns ? did his majesty stifle the plot when he offered them , or did they refuse to sound the depth of it , when they would not touch upon them ? if it were for want of witnesses , which is all that can be said , the case is deplorable on the part of the accused ; who can neither be bail'd , because impeach'd in parliament , nor admitted to be tryed , for fear they should be acquitted for want of evidence . i do not doubt but his majesty , after having done what in him lies for the utmost discovery of the plot , both by frequent proclamations of indemnity , and reward , to such as would come in , and discover more , and by several others too long to repeat , is desirous ( for what good man is not ? ) that his care and trouble might be over . but i am much deceiv'd , if the antimonarchical party be of the same opinion ; or that they desire the plot should be either wholly discover'd , or fully ended . for 't is evidently their interest to keep it on foot , as long as possibly they can ; and to give it hot water , as often as 't is dying ; for while they are in possession of this jewel , they make themselves masters of the people . for this very reason i have often said , even from the beginning of the discovery , that the presbyterians would never let it go out of their hands , but manage it to the last inch upon a save-all . and that if ever they had tryed one lord , they would value themselves upon that conquest , as longas ever it would last with the populace : but whatever came on 't , be sure to leave a nest egg in the tower : and since i doubt not , but what so mean a judge as i am could so easily discover , could not possibly escape the vigilancy of those who are at the helm ; i am apt to think , that his majesty saw at least as great a danger arising to him from the discontented spirits of the popular faction , as from the papists . for is it not plain , that ever since the beginning of the plot , they have been lopping off from the crown whatever part of the prerogative they could reach ? and incroaching into soveraignty and arbitrary power themselves , while they seem'd to fear it from the king ? how then could his majesty be blam'd , if he were forc'd to dissolve those parliaments , which instead of giving him relief , made their advantages upon his distresses ; and while they pretended a care of his person on the one hand , were plucking at his scepter with the other ? after this , the pamphleteer gives us a long bead-roll of dangerfield's plot , captain ely , young tongue , fitz-gerard , and mr. ray , rails at some , and commends others as far as his skill in hyperbole will carry him . which all put together , amounts to no more than only this , that he whom they called rogue before , when he comes into their party , pays his garnish , and is adopted into the name of an honest man. thus ray was no villain , when he accus'd colonel sackvile , before the house of commons ; but when he failed of the reward of godliness at their hands , and from a wig became a tearing tory in new cloaths , our author puts him upon the file of rogues , with this brand , than whom a more notorious and known villian lives not . the next thing he falls upon , is the succession : which the king declares , he will have preserved in its due descent . now our author despairing , it seems , that an exclusion should pass by bill , urges , that the right of nature and nations will impower subjects to deliver a protestant kingdom from a popish king. the law of nations , is so undoubtedly , against him , that i am sure he dares not stick to that plea : but will be forc'd to reply , that the civil law was made in favour of monarchy : why then did he appeal to it ? and for the law of nature , i know not what it has to do with protestants or papists , except he can prove that the english nation is naturally protestant ; and then i would enquire of him what countrymen our forefathers were ? but if he means by the law of nature , self-preservation and defence ; even that neither will look but a squint upon religion ; for a man of any religion , and a man of no religion , are equally bound to preserve their lives . but i answer positively to what he would be at ; that the law of self-preservation impowers not a subject to rise in arms against his soveraign , of another religion , upon supposition of what he may do in his prejudice hereafter : for , since it is impossible that a moral certainty should be made out of a future contingency , and consequently , that the soveraign may not extend his power to the prejudice of any mans liberty or religion : the probability ( which is the worst that they can put it ) is not enough to absolve a subject who rises in arms , from rebellion , in foro conscientiae . we read of a divine command to obey superior powers ; and the duke will lawfully be such , no bill of exclusion having past against him in his brother's life : besides this , we have the examples of primitive christians , even under heathen emperors , always suffering , yet never taking up arms , during ten persecutions . but we have no text , no primitive example encouraging us to rebel against a christian prince , tho of a different perswasion . and to say there were then no christian princes when the new testament was written , will avail our author little ; for the argument is a fortiori : if it be unlawful to rebel against a heathen emperor , then much more against a christian king. the corollary is this , and every unbiassed sober man will subscribe to it , that since we cannot pry into the secret decrees of god , for the knowledge of future events , we ought to rely upon his providence , for the succession ; without either plunging our present king into necessities , for what may never happen ; or refusing our obedience to one hereafter , who in the course of nature may succeed him . one , who if he had the will , could never have the power to settle popery in england , or to bring in arbitrary government . but the monarchy will not be destroyed , and the protestant religion will be preserved , if we may have a protestant successor . if his party had thought , that this had been a true expedient , i am confident it had been mentioned in the last parliament at westminster . but there , altum silentium , not one word of it . was it because the machine was not then in readiness to move ! and that the exclusion must first pass ? or more truly was it ever intended to be urged ? i am not ashamed to say , that i particularly honour the duke of monmouth : but whether his nomination to succeed , would , at the bottom be pleasing to the heads of his cabal , i somewhat doubt . to keep him fast to them by some remote hopes of it , may be no ill policy . to have him in a readiness to head an army , in case it should please god the king should die before the duke , is the design ; and then perhaps he has reason to expect more from a chance game , than from the real desires of his party to exalt him to a throne . but 't is neither to be imagined , that a prince of his spirit , after the gaining of a crown , would be managed by those who helped him to it , let his ingagements and promises be never so strong before , neither that he would be confin'd in the narrow compass of a curtail'd mungril monarchy , half commonwealth . conquerors are not easily to be curbed . and it is yet harder to conceive , that his pretended friends , even design him so much as that . at preset , 't is true , their mutual necessities keep them fast together ; and all the several fanatick books fall in , to enlarge the common stream ▪ but suppose the business compassed , as they design'd it , how many , and how contradicting interests are there to be satisfied ! every sect of high shooes would then be uppermost ; and not one of them endure the toleration of another . and amongst them all , what will become of those fine speculative wits , who drew the plan of this new government , and who overthrew the old ? for their comfort , the saints will then account them atheists , and discard them . or they will plead each of them their particular merits , till they quarrel about the dividend . and , the protestant successor himself , if he be not wholly governed by the prevailing party , will first be declared no protestant ; and next , no successor . this is dealing sincerely with him , which plato redivivus does not : for all the bustle he makes concerning the duke of m. proceeds from a commonwealth principle : he is afraid at the bottom to have him at the head of the party , lest he should turn the absolute republick , now designing , into an arbitrary monarchy . the next thing he exposes , is the project communicated at oxford , by a worthy gentleman since deceased . but since he avowed himself , that it was but a rough draught , our author might have paid more respect to his memory , than to endeavour to render it ridiculous . but let us see how he mends the matter in his own which follows . if the duke were only banished , during life , and the administration put into the hands of protestants , that would establish an unnatural war of expediency , against an avowed right and title . but on the other hand exclude the duke , and all other popish successors , and put down all those guards are now so illegally kept up , and banish the papists , where can be the danger of a war , in a nation unanimous ? i will not be unreasonable with him ; i will expect english no where from the barrenness of his country : but if he can make sense of his unnatural war of expediency , i will forgive him two false grammars , and three barbarisms , in every period of his pamphlet ; and yet leave him enow of each to expose his ignorance , whensoever i design it . but his expedient it self is very solid , if you mark it . exclude the duke , take away the guards , and consequently , all manner of defence from the kings person ; banish every mothers son of the papists , whether guilty or not guilty in particular of the plot. and when papists are to be banished , i warrant you all protestants in masquerade must go for company ; and when none but a pack of sectaries and commonwealths-men are left in england , where indeed will be the danger of a war , in a nation unanimous ? after this , why does not some resenting friend of marvel's , put up a petition to the soveraigns of his party , that his pension of four hundred pounds per annum , may be transferred to some one amongst them , who will not so notoriously betray their cause by dullness and insufficiency ? as for the illegal guards , let the law help them ; or let them be disbanded ; for i do not think they have need of any champion . the next twenty lines are only an illustration upon his expedient : for he is so fond of his darling notion , that he huggs it to death , as the ape did her young one . he gives us his bill of tautology once more ; for he threatens , that they would not rest at the exclusion ; but the papists must again be banish'd , and the dukes creatures put out of office both civil and military . now the dukes creatures , i hope , are papists , or little better ; so that this is all the same : as if he had been conning over this ingenious epigram ; there was a man who with great labour , and much pain , did break his neck , and break his neck , and break his neck again . at the last , to shew his hand is not out in the whole paragraph , when the duke is excluded , his creatures put out of office , the papists banished twice over ; and the church of england-men delivered to satan , yet still he says the duke is the great minister of state ; and the kings excellent qualities give his brother still opportunities to ruine us and our religion . even excluded , and without friends and faction he can do all this ; and the king is endued with most excellent qualities to suffer it . having found my man , methinks i can scarce afford to be serious with him any longer ; but to treat him as he deserves , like an ill bouffoon . he defends the sharpness of the addresses of which his majesty complains : but i suppose it would be better for him , and me , to let our principals engage , and to stand by our selves . i confess , i have heard some members of that house , wish , that all proceedings had been carried with less vehemence . but my author goes further on the other hand ; he affirms , that many wise and good men thought they had gone too far , in assuring , nay , in mentioning of money before our safety was fully provided for . so you see he is still for laying his hand upon the penny . in the mean time i have him in a praemunire for arraigning the house of commons ; for he has tacitely confessed , that the wise and good men were the fewer ; because the house carryed it for mentioning money in their address . but it seems they went too far , in speaking of a supply ; before they had consulted this gentleman , how far the safety of the nation would admit it . i find plainly by his temper , that if matters had come to an accommodation , and a bargain had been a bargain , the knights of the shire must have been the protestant knights no longer . as for arbitrary power of taking men into custody , for matters that had no relation to privileges of parliament , he says they have erred with their fathers . if he confess that they have erred , let it be with all their generation , still they have erred : and an error of the first digestion , is seldom mended in the second . but i find him modest in this point ; and knowing too well they are not a court of judicature , he does not defend them from arbitrary proceedings , but only excuses , and palliates the matter , by saying , that it concern'd the rights of the people , in suppressing their petitions to the fountain of justice . so , when it makes for him , he can allow the king to be the fountain of iustice ; but at other times he is only a cistern of the people . but he knows sufficiently , however he dissembles it , that there were some taken into custody , to whom that crime was not objected . yet since in a manner he yields up the cause , i will not press him too far , where he is so manifestly weak . tho i must tell him by the way , that he is as justly to be proceeded against for calling the kings proclamation illegal , which concerned the matter of petitioning , as some of those , who had pronounced against them by the house of commons , that terrible sentence , of take him , topham . the strange illegal votes declaring several eminent persons to be enemies to the king and kingdom , are not so strange , he says , but very justifiable . i hope he does not mean , that illegal votes are now not strange in the house of commons : but observe the reason which he gives : for the house of commons had before address'd for their removal from about the king. it was his business to have prov'd , that an address of the house of commons , without process , order of law , hearing any defence , or offering any proof against them is sufficient ground to remove any person from the king : but instead of this he only proves , that former addresses have been made , which no body can deny . when he has throughly settled this important point , that addresses have certainly been made , instead of an argument to back it , he only thinks , that one may affirm by law , that the king ought to have no person about him , who has the misfortune of such a vote . but this is too ridiculous to require an answer . they who will have a thing done , and give no reason for it , assume to themselves a manifest arbitrary power . now this power cannot be in the representatives , if it be not in the people : or if it be in them , the people is absolute . but since he wholly thinks it , let him injoy the privilege of every free born subject , to have the bell clinck to him what he imagines . well ; all this while he has been in pain about laying his egg : at the last we shall have him cackle . if the house of commons declare they have just reasons to fear , that such a person puts the king upon arbitrary councils , or betrays his and the nations interest , in such a case , order and process of law is not necessary to remove him ; but the opinion and advice of the nation is enough ; because bare removing neither fines him , nor deprives him of life , liberty , or offices , wherein state affairs are not concern'd . hitherto , he has only prov'd , according to his usual logick , that bare removing , is but bare removing ; and that to deprive a man of a publick office is not so much as it would be to hang him : all that possibly can be infer'd from this argument , is only that a vote may do a less wrong , but not a greater . let us see how he proceeds . if he be not remov'd upon such address , you allow him time to act his villany ; and the nation runs the hazard . i answer , if the house have just reasons on their side , 't is but equitable they should declare them ; for an address in this case is an appeal to the king against such a man : and no appeal is supposed to be without the causes which induc'd it . but when they ask a removal , and give no reason for it ; they make themselves judges of the matter , and consequently they appeal not , but command . if they please to give their reasons , they justifie their complaint ; for then their address is almost in the nature of an impeachment : and in that case they may procure a hearing when they please : but barely to declare , that they suspect any man , without charging him with particular articles , is almost to confess , they can find none against him . to suppose a man has time to act his villanies , must suppose him first to be a villain : and if they suspect him to be such , nothing more easie than to name his crimes , and to take from him all opportunities of future mischief . but at this rate of bare addressing , any one who has a publick profitable employment might be remov'd ; for upon the private picque of a member he may have a party rais'd for an address against him . and if his majesty can no sooner reward the services of any one who is not of their party , but they can vote him out of his employment ; it must at last follow , that none but their own party must be employ'd , and then a vote of the house of commons , is in effect the government . neither can that be call'd the advice and opinion of the whole nation , by my author's favour , where the other two estates , and the soveraign are not consenting ▪ 't is no matter , says this gentleman ; there are some things so reasonable , that they are above any written law : and will in despite of any power on earth have their effect ; whereof this is one . i love a man who deals plainly ; he explicitly owns this is not law , and yet it is reasonable ; and will have its effect as if it were . see then , in the first place the written law is laid aside : that fence is thrown open to admit reason in a larger denomination . now that reason which is not law , must be either enthusiasm , or the head-strong will of a whole nation combin'd : because in depite of any earthly power it will have its effect : so that , which way soever our author takes it , he must mean fanaticism , or rebellion : law grounded on reason is resolv'd into the absolute power of the people ; and this is ratio ultima reipublicae . furthermore ; the king is a publick person : in his private capacity , as we are told , he can only eat and drink ; and perform some other acts of nature which shall be nameless . but his actings without himself , says my grave author , are only as a king. in his politick capacity he ought not to marry , love , hate , make war , or peace , but as a king ; and agreeable to the people , and their interest he governs . in plain terms then , as he is a man he has nothing left to do ; for the actions which are mention'd , are those only of an animal , or which are common to man and beast . and as he is a king he has as little business , for there he is at the disposing of the people : and the only use that can be made of such a monarch , is for an innkeeper to set upon a sign-post to draw custom . but these letters of instruction how he should behave himself in his kingly office , cannot but call to mind how he was school'd and tutor'd , when the covenanters made just such another prince of him in scotland . when the terrible fasting day was come , if he were sick in bed , no remedy , he must up and to kirk ; and that without a mouthful of bread to stay his stomach ; for he fasted then in his politick capacity . when he was seated , no looking aside from mr. iohn ; not a whisper to any man , but was a disrepect to the divine ordinance . after the first thunderer had spent his lungs , no retirement , the first is reinforc'd by a second and a third : all chosen vessels , dieted for preaching , and the best breath'd of the whole country . when the sun went down , then up went the candles , and the fourth arises to carry on the work of the night , when that of the day was at an end . 't is true what he says , that our greatest princes have often hearkened to the addresses of their people , and have remov'd some persons from them ; but it was when they found those addresses reasonable themselves . but they who consult the manner of addresses in former times , will find them to have been manag'd in the house of commons , with all the calmness and circumspection imaginable . the crimes were first maturely weigh'd , and the whole matter throughly winnow'd in debates . after which , if they thought it necessary for the publick wellfare , that such a person should be remov'd , they dutifully acquainted the king with their opinion , which was often favourably heard ; and their desires granted . but now the case is quite otherwise ; either no debate , or a very slight one precedes addresses of that nature . but a man is run down with violent harangues ; and 't is thought sufficient , if any member rises up , and offers that he will make out the accusation afterwards : when things are carried in this heady manner , i suppose 't is no sign of a great prince , to have any of his servants forc'd from him . but such addresses will insensibly grow into presidents : you see our author is nibbling at one already . and we know a house of commons is always for giving the crescent in their arms. if they gain a point , they never recede from it , they make sure work of every concession from the crown ▪ and immediately put it into the christmass box : from whence there is no redemption . in justification of the two votes against lending or advancing money to the king , he falls to railing , like a sophister in the schools , when his syllogisms are at an end . he arraigns the kings private manner of living , without considering that his not being supplied has forc'd him to it . i do not take upon me to defend any former ill management of the treasury ; but , if i am not deceiv'd , the great grievance of the other party at present , is , that it is well manag'd . and , that notwithstanding nothing has been given for so many years , yet a competent provision is still made for all expences of the publick ; if not so large as might be wish'd , yet at least as much as is necessary . and i can tell my author for his farther mortification , that at present no money is furnish'd to his majesties occasions , at such unconscionable usury as he mentions . if he would have the tables set up again , let the king be put into a condition , and then let eating and drinking flourish , according to the hearty , honest and greasie hospitality of our ancestors . he would have the king have recourse to parliaments , as the only proper supply to a king of england , for those things which the treasury in this low ebb cannot furnish out : but when he comes to the conditions , on which this money is to be had , they are such , that perhaps forty in the hundred to a jew banquer were not more unreasonable . in the mean time , if a parliament will not give , and others must not lend , there is a certain story of the dog in the manager , which out of good manners i will not apply . the vote for not prosecuting protestant dissenters upon the penal laws ; which at this time is thought to be a grievance to the subject , a weakning of the protestant religion , and an incouragement to popery , is a matter more tenderly to be handled . but if it be true what has been commonly reported since the plot , that priests , jesuits , and friars , mingle amongst anabaptists , quakers , and other sectaries , and are their teachers , must not they be prosecuted neither ? some men would think , that before such an uniting of protestants , a winnowing were not much amiss ; for after they were once sent together to the mill , it would be too late to divide the grist . his majesty is well known to be an indulgent prince , to the consciences of his dissenting subjects : but whoever has seen a paper call'd , i think , an intended bill for uniting , &c. which lay upon the table of every coffee-house , and was modelling to pass the house of commons , may have found things of such dangerous concernment to the government , as might seem not so much intended to unit dissenters in a protestant church , as to draw together all the forces of the several fanatick parties , against the church of england . and when they were encouraged by such a vote , which they value as a law ; ( for so high that coin is now inhaunc'd ) perhaps it is not unreasonable to hold the rod over them . but for my own part , i heartily wish , that there may be no occassion for christians to persecute each other . and since my author speaks with some moderation , candor , and submission to his mother church , i shall only desire him and the dissenting party , to make the use they ought , of the king gracious disposition to them , in not yet proceeding with all the violence which the penal laws require against them . but this calm of my author , was too happy to last long . you find him immediately transported into a storm about the business of fitz-harris , which occasion'd the dissolution of the parliament at oxford : and accusing , according to his sawcy custom , both his majesty , and the house of lords , concerning it . as for the house of lords , they have already vindicated their own right , by throwing out the impeachment : and sure the people of england ought to own them as the assertors of the publick liberty in so doing ; for process being before ordered against him at common law , and no particular crime being laid to his charge by the house of commons , if they had admitted his cause to be tryed before their lordships , this would have grown a president in time , that they must have been forc'd to judge all those whom the house of commons would thrust upon them , till at last the number of impeachments would be so increas'd ; that the peers would have no time for any other business of the publick : and the highest court of judicature would have been reduc'd to be the ministers of revenge to the commons . what then would become of our ancient privilege to be tryed per pares ? which in process of time would be lost to us and our posterity : except a proviso were made on purpose , that this judgment might not be drawn into farther president ; and that is never done , but when there is a manifest necessity of breaking rules , which here there was not . otherwise the commons may make spaniels of the lords , throw them a man , and bid them go judge , as we command a dog to fetch and carry . but neither the lords reasons , nor the king first having possession of the prisoner , signifie any thing with our author . he will tell you the reason of the impeachment was to bring out the popish plot. if fitz-harris really know any thing but what relates to his own treason , he chuses a fine time of day to discover it now , when 't is manifestly to save his neck , that he is forc'd to make himself a greater villain ; and to charge himself with new crimes to avoid the punishment of the old . had he not the benefit of so many proclamations , to have come in before , if he then knew any thing worth discovery ? and was not his fortune necessitous enough at all times , to catch at an impunity , which was baited with rewards to bribe him ? 't is not for nothing that party has been all along so favourable to him : they are conscious to themselves of some other matters than a popish plot. let him first be tryed for what he was first accus'd : if he be acquitted , his party will be satisfied , and their strength increas'd by the known honesty of another evidence : but if he be condemn'd , let us see what truth will come out of him , when he has tyburn and another world before his eyes . then , if he confess any thing which makes against the cause , their excuse is ready ; he died a papist , and had a dispensation from the pope to lie . but if they can bring him silent to the gallows , all their favour will be , to wish him dispatch'd out of his pain , as soon as possibly he may . and in that case they have already promis'd they will be good to his wife , and provide for her , which would be a strong encouragement , for many a woman , to perswade her husband to digest the halter . this remembers me of a certain spanish duke , who commanding a sea-port-town , set an officer of his , underhand to rob the merchants . his grace you may be confident was to have the booty , and the fellow was assur'd if he were taken to be protected . it fell out , after some time , that he was apprehended : his master , according to articles , brought him off . the rogue went again to his vocation , was the second time taken , delivered again , and so the third . at last the matter grew so notorious , that the duke found , it would be both scandalous and difficult to protect him any longer ; but the poor malefactor sending his wife to tell him that if he did not save him he must be hanged to morrow , and that he must confess who set him on : his master very civilly sent him this message ; prithee suffer thy self to be hanged this once to do me a courtesie , and it shall be the better for thy wife and children . but that which makes amends for all , says our author , is the kings resolution to have frequent parliaments . yet this , it seems , is no amends neither : for he says parliaments are like terms , if there be ten in a year , and all so short to hear no causes , they do no good . i say on the other hand , if the courts will resolve beforehand to have no causes brought before them , but one which they know they cannot dispatch ; let the terms be never so long , they make them as insignificant as a vacation . the king 's prerogative , when and where they should be call'd , and how long they should sit , is but subservient , as our friend tells us , to the great design of government ; and must be accommodated to it , or we are either denyed or deluded of that protection and iustice we are born to . my author is the happiest in one faculty , i ever knew . he is still advancing some new position , which without proving , he slurs upon us for an argument : though he knows , that doctrines without proofs will edifie but little . that the kings prerogative is subservient , or in order to the ends of government is granted him . but what strange kind of argument is this , to prove that we are cheated of that protection to which we are born . our kings have always been indued with the power of calling parliaments , nominating the time , appointing of the place , and dissolving them when they thought it for the publick good : and the people have wisely consulted their own welfare in it . suppose , for example , that there be a jarring between the three estates , which renders their sitting at that time impracticable ; since none of them can pretend to judge the proceedings of the other two , the judgment of the whole must either reside in a superiour power , or the discord must terminate in the ruine of them all . for if one of the three incroach too far , there is so much lost in the balance of the estates , and so much more arbitrary power in one ; 't is as certain in politiques , as in nature ; that where the sea prevails the land loses . if no such discord should arise , my authors argument is of no farther use : for where the soveraign and parliament agree , there can be no deluding of the people ; so , that in short , his quarrel is to the constitution of the government . and we see what nettles him , that the king has learnt from the unhappy example of his father , not to perpetuate a parliament . but he will tell you , that they desire only a lasting parliament , which may dispatch all causes necessary and proper for the publick : and i answer him , that it lyes in themselves to make it so . but who shall judge when it shall be proper to put an end to such a parliament ? there is no farther answer left him ; but only , that the reason of things is the only rule : for when all necessary causes are dispatch'd , then is the proper time of dissolution . but if you mark it , this argumentation is still running in a circle . for the parliament , that is the house of commons , would constitute themselves judges of this reason of things ; and of what causes were necessary to be dispatch'd . so that my author had as good have laid down this position bare-fac'd , that a parliament ought never to be dissolved , till an house of commons would fit no longer . my author goes on scoffingly , that he has nothing to say for those angry men ( he means of his own party ) whose particular designs are disappointed ; only that they might have kept their places ; and that he can find no difference betwixt them who are out , and those who are put in , but that the former could have ruin'd us , and would not : and these cannot if they would . i am willing to let them pass as lightly as he pleases : angry they are , and they know the proverb . i hope i may have leave to observe transiently , that none but angry men , that is , such as hold themselves disobliged at court , are the pillars of his party . and where are then the principles of vertue , honour and religion , which they would persuade the world , have animated their endeavours for the publick ? what were they before they were thus angry ? or what would they be , could they make so firm an interest in court , that they might venture themselves in that bottom ? this , the whole party cannot choose but know ; for knaves can easily smell out one another . my author , an experienced man , makes but very little difference , betwixt those who are out , and those who are put in . but the nation begins to be awake : his party is mouldring away , and as it falls out , in all dishonest combinations , are suspecting each other so very fast , that every man is shifting for himself , by a separate treaty : and looking out for a plank in the common shipwrack , so that the point is turn'd upon him ; those who are out , would have ruin'd us , and cou'd not ; and those who are in , are endeavouring to save us if they can . my adversary himself , now drawing to a conclusion , seems to be inclining to good opinions : and as dying men , are much given to repentance , so finding his cause at the last gasp , he unburthens his conscience and disclaims the principles of a common-wealth , both for himself , and for both houses of parliament , which is indeed to be over-officious : for one of the houses will not think they have need of such a compurgator . but he wisely fears no change of government from any , but the papists . now i am of a better heart , for i fear it neither from papists nor presbyterians . whether democracy will agree with jesuitical principles in england i am not certain ; but i can easily prove to him , that no government but a common-wealth is accommodated to the systeme of church-worship invented by iohn calvin . the declaration concludes , that the king is resolv'd to govern in all things by the laws : and here the author of the answer , is for frisking out into a fit of joy , which looks as aukward with his gravity , as ever was king david's dancing before the ark. this similitude i hope has pleas'd hin ; if it does not , esop's ass stands ready sadled at the door . but a melancholick consideration has already pour'd cold water in his porredge , for all promises he says , are either kept or broken : well-fare a good old proverb . i could find in my heart to cap it with another , that the old woman had never look'd for her daughter in the oven , if she had not been there her self before . but if the king should keep his word , as all but his enemies conclude he will , then we shall see annual parliaments sit longer i hope ; when they meddle only with their proper business . they will lose their time no more , in cutting off the succession , altering the course of nature , and directing the providence of god , before they know it . we shall have no uniting of sects against the church of england , nor of counties against the next heir of the crown . the king shall then be advis'd by his parliament , when both houses concur in their advice . there shall be no more need of declarations about the dissolving of parliaments ; and no more need of factious fools to answer them ; but the people shall be happy , the king shall be supply'd the alliances shall be supported , and my suppos'd author be made a bishop , and renounce the covenant . that many of these things may happen , is the wish of every loyal subject , and particularly of sir , your most humble servant part of the famous speech of william prynn esq, decemb. , touching k. charles i prynne, william, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing p ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing p estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) part of the famous speech of william prynn esq, decemb. , touching k. charles i prynne, william, - . p. s.n., [london : ] reproduction of original in huntington library. eng charles -- i, -- king of england, - . great britain -- politics and government -- - . a r (wing p ). civilwar no part of the famous speech of william prynn esq, decemb. . touching k. charles i. prynne, william b the rate of defects per , words puts this text in the b category of texts with fewer than defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - tcp staff (michigan) sampled and proofread - john latta text and markup reviewed and edited - pfs batch review (qc) and xml conversion part of the famous speech of william prynn esq decemb. . touching k. charles i. the next thing proposed by them for a speedy peace and settlement , is the bringing of the king to speedy justice for all his treasons and blood-shed in the late wars , and to depose and execute him as the greatest capital malefactor in the kingdom : this certainly is a very dangerous and unlikely way to peace and settlement . first of all , the smiting of the shepherd , is the way to scatter , not unite the sheep . the slaying of the king or general in the field , scatters and dissolves the army , not secures them : to cut off a king'dhead , is the next way to destroy , not cure a diseas'd body : such kind of state policy may destroy , or disturb , but never settle us in perfect peace : the prince his next heir , the queen , the duke of york , all his children , and allies both at home and abroad , will certainly meditate revenge , and all kings in christendom will assist them , even for their own interest and safety , least it should become a president for themselves . and will this then secure , or be a likely way to peace or settlement . . the greatest part of the members in both houses , the lords , gentlemen , and all sorts of people throughout the kingdom , the whole kingdoms of scotland and ireland , ( who have as great an interest in the kings person , being their lawful king , as we have , and are obliged by allegiance and covenant to protect his person and crown from violence ) will unanimously , as one man oppose and protest against it , and by force of arms , endeavour to bring those to execution who shall presume to advise , or attempt to depose or destroy the king in any kind , contrary to their allegiance and solemn covenant : yea , all protestant realms , churches , states in foreign parts , will abhor both the fact , and adjudge it contrary to their principles and religion , and that which may irritate popish kings , and princes to take up arms to ruine them , lest they should fall into the like practises . and can this then be a safe or speedy way to peace and settlement , especially when we know not what government shall succeed upon it , and can expect nothing but bloody consequences from such a bloody advice . dly . i never read of any peace or settlement in any kingdom , where king-killing was practised or approved . when the roman armies began once to kill their emperors , and cut off their heads , they were scarce ever free from civil-wars . one army set up one emperor , another army another , the senate a third , who always warred till they had cut off one anothers heads . most of those emperors had very short reigns , few of them above a year or two , and some of them scarce two months , but most of them untimely deaths . in sclavonia and norway where they had a law , that he that slew a tyrant king , should succeed him in the throne : they had almost every year a new king , perpetual wars and discords , and not one of all their kings for above one hundred years together , ever came to a natural death , but was murthered as a tyrant , and succeeded by a worse and greater tyrant , as saxogramaticus and nubrigensis testify . and in the sacred story it self , it is very observable , that after ten tribes revolted from rehoboam , though by gods justice and approbation for solomons sins ; they had never any peace or settlement , but perpetual wars with one kingdom or another , or between themselves : their kings , or most of them were all tyrants and idolators , and by the just hand of god , for the most part tumultuously slain and murthered one of and by another , who succeeded them : he that murthered his predecessor , being usually slain by his successor , or his predecessors sons , servants , or by the people of the land , in a tumultuous way : in the kings . we read in that one chapter , of no less then four of those kings slain , one by another : and as for the people under these kings , they had never any rest , peace , settlement , or freedom , but lived under the greatest misery and oppression that ever any subjects under heaven did , as the sacred history records . this king-killing certainly can be then no probable way at all to peace , safety , settlement , or freedom , but the policy to deprive us eternally of all these , and of god , and religion to boot ; as it did the ten tribes heretofore . thly . this way to peace and settlement , is directly contrary to all the former ingagements , oathes , and several petitions , declarations , remonstrances , protestations , and professions of both houses of parliament : to the king , kingdom , people , wherein we have alwayes protested and held forth unto them both before and since the wars . that we will preserve and protect the kings person from danger , support his royal estate with honour and plenty at home , with power and reputation abroad , and by our loyal affections , actions and advice , lay a sure and lasting foundation of the greatness and prosperity of his majesty , and his royal posterity in future times . that we are still resolved to keep our selves within the bounds of faithfulness and allegiance to his sacred person and crown . that we will with our lives , fortunes , estates , and with the last drop of our blood endeavour to support his majesty , and his just soveraignty and power over us ; and to prevent all dangers to his majesties person . that we took up arms as well for a defence of his majesty to protect his person , as the kingdom and parliament ; without any intent to hurt or injure his majesties person or power : professing in the presence of almighty god , that we would receive him with all honour , yeild him all due obedience and subjection , and faithfully endeavour to secure his person and estate from all danger , and to the uttermost of our power to procure and establish to him and his people , all the blessings of a glorious and happy raign ; which both houses several times profest and remonstrated to the world . to murder and depose the king , was such a scandal , as any that profess'd the name of a christian , could not have so little charity as to raise it ; especially when they must needs know , the protestation taken by every member of both houses , whereby they promise in the presence of almighty god , to defend his majesties person ; and all their addresses and petitions to him expressing the contrary : that they never suffered it to enter into their thoughts to depose the king , abhorring the very thought of it , much more the intent . that they never suffered the word deposing the king , to go out of their mouthes , nor the thing to enter into their thoughts . that they rest assured , both god and man will abominate that monstrous and most injurious charge laid upon the representative body of this whole kingdom by the malignant party , against the king , as designing not only the ruine of his majesties person , but of monarchy it self : the authors of which malicious horrid scandal , they profess to make the instances of their exemplary justi●e , so soon as they shall be discovered . now for us after all these multiplyed reiterated protestations , promises , engagements , declarations , remonstrances to all the world , from the beginning of the differences and wars till now , to think or talk of deposing and destroying the king , and altering the government , as the only safe and speedy way to peace and settlement , as the army-remonstrants prescribe ; would be such a most detestable breach of publick faith ; such a most perfidious , treacherous , unrighteous wicked act , as not only gods , angels , and good men ; but the very worst of turks and devils would abhor : and therefore its a miracle to me , that these pretious saints should thus impudently , before all the world propose to the house , and force you to pursue it , to stain your reputation , and make you execrable to god and men . thly . the very oath of allegiance , which every one of us hath taken , upon our first admission to be members , engageth us in positive terms , not to offer any hurt or violence to his majesties royal person , state or government ; to bear faith and true allegiance to his majesty , his heirs and successors ; and him and them to defend to the uttermost of our power , against all conspiracies and attempts whatsoever , which shall be made against his or their persons , crown , or dignity : and from our hearts to abhor , detest , and abjure as impious and heretical , this heathnish and turkish doctrine : that princes excommunicated , or deprived by the people , ( as it seems the king is now for extirpating episcopacy , popery , mass , and prelacy out of his dominions by his present concessions , without any possibility or hopes of replanting ) may be deposed or murthered by their subjects , or any other whatsoever . which hellish contrivance and practice , as our whole state and parliament , in the state of jac. cap. , , . eliz. cap. . and other acts resolve , is the only way to unsettle , ruine and subvert , not to settle and establish the peace and government of our realm . and both houses since this parliament , have by a solemn protestation , first , and by a solemn league and covenant since , with hands lifted up to the most high god , engaged both themselves and the three kingdoms of england , scotland and ireland , by a most sacred and serious vow and protestation ( purposely made and prescribed by them , for the honour and happiness of the king and his posterity , and the true publick liberty , safety and peace of the three kingdoms , as the title and preface declare ) sincerely , really , and constantly to endeavour with their estates and lives , to preserve and defend the kings majesties person and authority , in the preservation and defence of the true religion and liberties of the kingdom , ( which he hath now fully and actually performed by his concessions in this treaty ) that the world may bear witness with our consciences of our loyalty ; and that we have no thoughts or intentions to diminish his majesties just power and greatness . and shall also with all faithfulness endeavour the discovery of all such as shall be incendiaries , or evil instruments , by dividing the king from his people ; that they may be brought to speedy tryal , and receive condign punishment . and shall not suffer themselves directly , or indirectly , by whatsoever combination or terror , to be withdrawn or make defection from this covenant ; but shall all the days of their lives really and constantly continue therein against all opposition , and promote the same against all lets impediments whatsoever . and this covenant we all made in the presence of almighty god , the searcher of all hearts ; with a real intention to perform the same , as we shall answer at that great day , when the secrets of all hearts shall be disclosed . now how we who are members of this house , or any who are subjects of our three kingdoms , or officers and souldiers in the army , who have taken this oath of allegiance , protestation , league or covenant , or any of them , ( as some of them have done , all or two of them at least , sundry times over ) can , without the highest perjury to god , treachery to the king , perfidiousness to the kingdom , infamy to the world , scandal to the protestant religion , and eternal dishonour to the parliament and themselves , athiestically break through or elude all those most sacred aod religious tyes upon our souls , by a speedy publick dethroning and decolling of the king , and dis-inheriting his posterity ; ( as the army remonstants advise ) and that in the open view of the world , and that all-seeing god to whom we have thus appealed and sworn , by any equivocations or distinctions , ( of which the armies remonstrance is full ) or professions of our damnable hypocrisie in the breaking of them , transcends my understanding . and for those who style themselves saints , and charge this as one of the highest crimes against the king , his frequent breach of oaths and promises , to transcend him and traytors in this very sin , is such a monster of impiety , as i concelve could never have entred into the hearts of infidels , or the worst of men or devils . and to act this under a pretext to preserve and settle the peace of the kingdom , is such a solecism , as militates point-blank against the very words and scope both of this oath , protestation , league , and covenant , which crosseth not the oaths of supremacy and allegiance , but more strongly engageth men to preserve and defend the kings person and autohority , in the preservation and defence of the true religion and liberties of the kingdom ; as the assembly of divines , and both houses affirm in their exbortation to take the covenant , which prescribes this as the only means of securing and preserving peace in all the three kingdoms ; to preserve the person and honour of the king , his crown and dignity , from any such violence and invasion as is now suggested by the army , which all three of them ingage us , and all three kingdoms , with our lives and fortunes really and constantly to oppose , against all lets and impediments , &c. and to bring those to condign punishment as incendiaries and evil instruments who suggest it . so as if the army will proceed in this diabolical destructive way , of treason and ruine , we , and all three kingdoms are solemnly engaged with our estates and lives unanimously to oppose and bring them to justice . and is this then the way to publick peace and settlement , to raise another new war to murder one another in this new quarrel , wherein the army and their adherents , must be the sole malignants and enemies we must fight with , & c ? no verily , but the high-way to the kingdoms and armies ruine , whose commissions we are obliged to revoke ; whose contributions we must in conscience withdraw ; and whose power we must with our own lives resist , unless we will be perjured , and guilty of breach of covenant in the highest degree , if they persist in these anti-covenant demands . . the king having granting us whatever we have , or can demand for the safety and preservation of our religion , laws and liberties ; and both houses engaged themselves by vote in answer to the kings propositions , to restore him to a condition of freedom , honour , and safety , according to the laws of the realm , ( which was the armies own proposals in his behalf in august . ) we can neither in honesty , honour , justice nor conscience ( were he ten thousand times worse than the army would render him ) depose and bring him to execution . it being against all the rules of justice , and honour between two professed enemies , who had no relations one to another ; much more between king and subjects in a civil war , a thing without president in any ages . to this the army remonstrance answers , that this would be thought an unreasonable and unbeseeming demand in a personal treaty , between persons standing both free , and in equal ballance of power ; but not when one party is wholly subdued , captivated , imprisoned , and in the others power . but this certainly is a difference spun with an athiestical thred ; for to treat with any king in our power , or out of it , on articles of peace , upon these terms ; that if he consent to them , we will restore him to the throne with honour , freedom , safety ; and when he hath yielded us our demands , then to depose and cut of his head ; is the highest breach of faith , truth , honour , and justice , that can be imagined : and those who dare justifie such perfidious and unchristian dealing , deserve rather the style of turks and athiests , than pious saints . . there is no president in scripture , that the general assembly , or sanhedrin of the jews or israelites , did ever judically imprison , depose , or execute any one of the kings of judah or israel , tho' many of them were the grossest idolaters , and wickedst princes under heaven ; who shed much innocent blood , and oppressed the people sundry ways . we know that david himself committed adultery with uriah his wife , a faithful servant and souldier , while he was with his general joab in the field : and then afterwards caused him to be treacherously slain . yet neither the assembly the elders , nor joab and the army under him , did impeach or crave justice against him for these sins , tho' he lived impenitently in them . and when he numbered the people afterwards , for which sin seventy thousand of his subjects lost their lives ; yet was he not arraigned nor deposed for it : and god who is sovereignly just , tho' david was the principal malefactor in this case , if not the sole ; and thereupon , when he saw the angel that smote the people , cried out , lo , i have sinned and done wickedly ; but these sheep , what have they done ? let thy hand be against me and my fathers house : yet god spared him and his houshold , tho' the principals , and punished the people only with death , for this sin of his . after him solomon his son , a man eminent for wisdom and piety at first , apostatiz'd to most gross idolatry of all sorts , to please his idolatrous wives , and became a great oppressor of his people , making their burdens very heavy , yet the subjects or souldiers did neither impeach nor depose him for it : and tho' he were the principal offendor , yet god spared him for davids sake , in not taking the ten tribes from him for these sins , during his life ; though he rent them from his son rehoboam , who was at most but accessary , for his fathers sins , not his . true it is , some of the idolatrous kings of israel , by the just avenging hand of god , were slain by private conspiracies , and popular tumults , in an illegal way : but not deposed nor arraigned by their sanhedrins , or general congregations ; and those who slew them , were sometimes slain by others who aspired to the crown , or by the people of the land , or by their children who succeded them ; and came to untimely tragical ends . . tho there be some presidents of popisb states and parliaments deposing their popish kings and emperours at home , and in foreign parts , in an extraordinary way , by power of an armed party : yet there is no president of any one protestant kingdom or state , that did ever yet judically depose or bring to execution , any of their kings and princes , though never so bad , whether protestants or papists ; and the protestants in france , though some of their kings , when they had invested them in their thrones , became apostates to popery , and persecutors of their people ; albeit they resisted them by force of arms in the field to preserve their lives ; did never once attempt to pull them from their thrones , or bring their persons unto justice : and i hope our protestant parliament will never make the first president in this kind , nor stain their honour or religion with the blood of a protestant king , against so many oaths , protestations , covenants , declarations , and remonstrances made and published by them to the contrary . . for the presidents of eeward ii. and richard ii. in times of popery , they were rather forcible resignations by power of an army , then judical deprivations , neither of them being ever legally arraigned and brought to tryal in parliament . and mortimer who had the chief hand in deposing king edward ii. in the parliament of e. . was in the parliament of e. . impeached , condemned , and executed as a traytor , and guilty of high treason , for murdering edw. ii. after he was deposed , at berkley-castle , and sir simon bereford , ( together with thomas gurney and will. ocle ) were adjudged traytors for assisting him therein ; one of them executed , and great rewards promised to the apprehenders of the other two . and as for richard ii. though he was deposed after henry iv. was crowned by pretence in parliament : yet this deposition was after his resignation only , not before it : and without any formal tryal or arraignment , or any capital judgment of death against him ; for which i find no president in any parliament of england , scotland , france , nor yet in denmark it self , though an elective kingdom ; who , though they justly deposed christiern ii. for his most abominable tyranies and cruelties ; yet they never adjudged or put him to death , but only restrained him as a prisoner . i shall only add this , that though the elective kindoms of hungary , bohemia , poland , denmark , and sweden , have in their parliaments and diets deposed sundry of their kings for their wickednesses and tyrany ; yet they never judically condemned any one of them to death , though papists . and for a protestant parliament ( to please an army only , acted by traytors in this particular ; to render both parliament , army , and our religion too , for ever execrable throughout the world , and set all mens pens and hands against them to their ruine , to begin such a bloody president as this , upon a most false pretext , of settling peace ; contrary to the express command of god himself , who commands christians , to pray for kings , and all in authority , that they may live a quiet and peaceable life under them in all godliness and honesty , ( not to depose or cut off their heads ) as the only way to peace and settlement ; will not only be scandalous but monstrous . finis . dr. burnett's reflections upon a book entituled parliamentum pacificum. the first part answered by the author. northleigh, john, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing n estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) dr. burnett's reflections upon a book entituled parliamentum pacificum. the first part answered by the author. northleigh, john, - . burnet, gilbert, - . reflections on a late pamphlet entituled parliamentum pacificum. northleigh, john, - . parliamentum pacificum. p. printed and are to be sold by matthew turner, london : . attributed by nuc to northleigh. reproduction of original in the harvard university library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng james -- ii, -- king of england, - . great britain -- politics and government -- - . - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - rina kor sampled and proofread - rina kor text and markup reviewed and edited - pfs batch review (qc) and xml conversion allowed to be published , this th , day of iuly , . dr. burnett's reflections upon a book , entituled , parliamentum pacificum : ( the first part ) answered , by the author . london , printed , and are to be sold by matthew turner at the lamb in holborn , . dr. burnet's reflections answered , &c. sect . i. it could not be expected but that dr. b. would bestir himself to reflect , and revy upon a piece that so nearly touch't his person : 't is natural for men , when they are prest , to be uneasy ; and since the dr. will not put himself upon his tryal , and our english law cannot reach him for standing mute ; 't is argument alone that must press him to yield up his cause , or submit it to the decision of sense and reason , and the judgment of persons impartial and * unprovok'd : for my own part , i must avow to the world , that no prejudices or provocations conceiv'd against his religion , or receiv'd from his person , prevail'd with me to pass upon him those just animadversions ; nothing but that duty i owe to the best of princes libell'd and defam'd ; ( and as ill as he makes mine , that his crimes may be the more illustrious ) i will not say by the worst of pens : this innocent impartiality he does utterly disown , and declares himself , under hand , an a vow'd enemy to the perswasion of his prince , and his person too ; this i hope , with men of sober and sedate judgment , or men of common sense and reason , will have this weight , that i deal more fairly with the dr , than he does with his own soveraign ; that my reasonings must be more the result of the merit of the cause , and that , besides , his highest misdemeanor against his majesty , his greatest insolency to the soveraign authority , ( and what perhaps we may prove , not only from the municipal laws of scotland , but those of most nations ) his high treason : i have nothing against him ( and desire no more ) of resentment , prejudice , or provocation . for his revenge and reflections on my work , were it not for the affront , scandals , and indignities , that none but he , and those that were ever fam'd for it , the defenders of him , and ( as he will have it ) of his * faith too , do continually cast upon the king , i would have sav'd the pains of a revy , my former reasons should have stood by their weight , or have fallen with it too : and let the reflecter ( to return him his affected air , acquired from his most accomplisht travels ) have retain'd his opiniatre , applauded his own works and originals , and commended this his most elaborate cavil , for a solid answer and confutation , which how far it is from it , from every paragraph , every particular shall appear . his contentious spirit , and most implacable zeal , sets up here indeed for the doctrine of resistance , had he not given us evidence before in the fate of a lord that fell by it too ; as also in some of his * papers penn'd for that purpose since : such an antipathy appears in him against peace , that according to the philosophical definition of that unaccountable passion , there is no cause to be given for it ; such an aversion , that he must needs quarrel at the very word ; that his enemies contended for war , when the royal psalmist labour'd for peace ; was the complaint too even of a king , after god's own heart ; and if this be his majesty's case thus to suffer , his piety , ( on which the dr. so prophanely drolls ) with that primitive pattern , may be as much admir'd , as well as all such originals of sedition , and disturbance , detected and abhorr'd : it has been so far our authors task to verify the application ; that he has taken the most pernicious pains , been industrious , even to sedition , to apply it : at our anointed he has shot his arrows , even bitter words , he has encompas't him with words of hatred , and would have us fight against him too , without a cause : if these are his best expedients for peace , our nation has just as much occasion to thank him , as ( he says ) some of their neighbouring countries have his new masters for their management of that of nimmeguen : i cannot see why we should not have as good a notion of peace here in england , as the dr. has in a country that has been so much the seat of war ; and if implicit faith , if absolute slavery , be the only peace he is so much afraid of , they are but ill coupl'd with an apoplexy too , that being a disease sudden and unforeseen , when the former maladies , even from the dr's confession , have been invading us this hundred years ; and if we believe him , ever since the reformation : no , to all impartial people , the peace we aim'd at , will appear still the same ; however , he would disfigure and disguise it ; the tranquility of the state , the quiet of a nation , compos'd by the gracious favour of an indulgent monarch ; and confirm'd by the reciprocal happiness of a grateful and obedient people . sect . ii. in the next place it will as plainly appear , how vainly he cavils at the constitution of that parliament which was assembled for the comming in of the king ; i am sure he had once a better opinion of it , when he and mr. baxter were better acquainted ; and he then had milder thoughts of these moderate presbyterians ; but now that gentleman is become his enemy , and perhaps only for telling the truth , for offering to be an evidence against the dr. in high treason . the restoration of his late majesty , was by this dr. in his moderate days , imputed to these moderate presbyterians , whom he will not now allow to be * moderate at all , no not in his own kirk of scotland ; these sort of people for the most part compos'd that convention , which we must not now call a parliament , and of which he once had a much better opinion ; i believe he could now wish too , from his kindness to that king's memory , that there had been no such convention at all for the calling of him ; and such is the contrariety of some mens unsetled sentiments and thoughts , that are subjected to the prevalency of passion & prejudice , that there is a proverbial saying , which for civility sake i will not tell him in terminis , that the sound of the bell does sometimes solely depend upon some peoples thoughts and preconceptions : but the dr. is very much deceiv'd , when he thinks his author did not consider the defect , that according to the ancient constitution of parliaments attended the convention ( if he will call it so ) of that assembled state. he , i 'le assure him , sufficiently foresaw it , ponder'd upon it when he put pen to paper ; but could never foresee , or imagin , that even the dr. could have been so improvidently peevish ; as in such a point , to have made it an objection ; why for god's sake , does it follow from a necessitated imperfection in nice law ; that unavoidably attended that session , that therefore now none of its sober debates , or wholesome constitutions can be recommended to posterity for imitation , and when his late majesty commanded that it should ; when even we are govern'd at present by some of the very laws that it made : if only the passing an act , assented to by the king , made it a legal session , and which did determine but by express proviso against it ; sure then the parliament must be reputed legal too in which it was past ; so that necessity which might occasion a defect , did not make an essential nullity ( as he is pleas'd to name it more by metaphysical phraseology , than any term of law , ) for then all its acts must have been null'd too , which by the next we saw were only confirm'd . but besides ( if among my many slips , * which the dr. leaves to others to find out , i mistake not now too ; ) the continuance of the parliament , the dissolving it self , the calling another without the king's writ was assented to by special act of car . which could not be repeal'd , till c. the second was assembled amongst them , to repeal it ; and there to give it his fiat royal , to make it more forceable ; or if it could , 't is somewhat improbable from the unhappy junctures of those affairs , that it could be expected before ; and therefore by the very first act of the session ; ( as if made to silence such drs. ) it was declared , * that the lords and commons , then sitting , were the two houses of parliament ; and that notwithstanding the king 's writ of summons , as much as if his majesty had been present at its commencement , and call'd it ; and tho' by the next of the * same reign , it was made praemunire to defend what was done without the royal assent ; yet the act for perpetuating the parliament , was past by the * king himself ; they continued till military force pull'd them out of the house ; they met again after secluded , dissolved themselves , and therefore 't was made criminal too , by the foresaid act , to say they were still in being ; and if the bare confirmation of former acts , shall imply an essential nullity to the foregoing parliaments , the dr. has ruin'd all his reformation of king edward , by the confirmations of queen eliz. and therefore the very act that confirm'd what was enacted by this convention before , never questions it for a parliament , and calls it one ; but only dissipates all doubts , from the difficulties that occasion'd the manner of its assembling . i have met with heretofore , some lawyers that would not allow it to be such a formal parliament ; but none ever yet went so far ( to continue his metaphysicks ) as to question it for an actual one ; i wish the dr. would labour a little more in his own province , and prove to the world the series of our protestant ordination , instead of the succession of parliaments ; not that i so much doubt it , or that we may be asham'd to be oblig'd for it to the church of rome ; but because some people of late have taken so much pains to impeach it , and that i think from the faculty of the dr. he would do better at the naggs-head , than in westminster-hall . but their is no need of any further defence to an objection that is so needless , and ill offer'd , to baffle dr. b. by imitation , would be in a manner but abusing of my self ; 't is plain , that the designs which some people had for power and oppressing the innocent ( even from his own confession ) more than the desires and distrust of some that were guilty ; or the necessity that was for it , hasten'd this dissolution of that peaceful assembly , and for his inconsiderate suggestion , that the setting it for an example , was a design of placing the soveraignty in the people , and courting a common-wealth ; hee 'll see now we make it solely depend upon a sanction of the kings ; and would he visit the author , he should see his error in a refutation of his , of that pernicious principle , of perfect confusion , by which he is bound to defend the very foundation of his state ; and 't is strange we must be reproacht for * courting a common-wealth , at the same time we are so vainly menac'd for having exprest against one too much of * resentment . sect . iii. it is no wonder , to see the dr. make his late * majesty so ill a man , when he had long before made him so bad a christian : were it not his peculiar to libel kings , his church might be mistrusted for that loyal deportment she ever paid him ; but as she had ever better thoughts of him in his life time ; so she cannot be brought to entertain such bad ones after his death : common morality , even with a proverbial authority , commands us to speak well of the dead , t is hard if a king too , and the sacred dust of princes , cannot put in for the priviledges of common clay ; and mortality , to make him a man of treachery and design , is too grosly invidious for a prince that was fam'd for good nature , even to a fault ; it looks so much like one of the meddals of the dutch upon his late majesty , ( and they , you know alway have their reverse ) that 't is among them i believe he learnt to value his memory . i much fancy these his mysterious designs were never so clear to the dr , till this transport and passion had enlightned his eyes ; for cholerick people are apt to see with fire and indignation , and so fancy all things in flames that are about them ; this makes him fly so much to smithfield arguments , and the conversion of dragoons , under the easy reign of a merciful monarch , manifested in his inclinations to mildness and indulgence . the late celebrated loyalist of the long parliament , whose meritorious services he would magnify ; yet at the same time libels and defames them : they will live and last in our annals , without his writing their history , nor be much blemisht by his defamations : those honourable representatives , that had sate so long at the helm , and steer'd so well , that we still owe to them about twenty years quiet and tranquility ; who , had they concur'd with what was their only defection , their king's inclination to indulgence ( and for which obstinacy by his own maxims he must condemn them too ) had continu'd the repose they enjoy'd , and perhaps prevented all the distempers that have since disturb'd us ; these gentlemen are so little oblig'd to this dr. at amsterdam , as they were formerly to that of salamanca , and indeed the obligation is just the same . oates accus'd them long agoe , long before dr. b. who it seems now begins to see with his spectacles , designs more clearly ; that they were all pensioners , creatures meerly depending on the crown , tho' it appear'd even from the very list that was printed , that it was only a malitious libel , and a ly , that not ten of the two hundred had really receiv'd the least allowance ; and even some of that was known to be for publick services , which then , forsooth , must most politickly be call'd secret , only to countenance the scandalous imposture of the plot of the papists ; this design was then also clear to some , and i think now is so to all : my self knew , and still do many of those members most falsly to suffer under that malitious imputation , whom the dr. has no reason to reproach for the selling of their country , and betraying their trust , when they truly serv'd both that and the king ; but sure it is but a bad return he makes them , when i am sure it was all the same peers , if not the same parliament , that complemented him for his mighty performances , which perhaps they might have omitted , had they known what amends he would have made them , or thought him so good at commending of himself ; but this is a kindness he kept in reserve , and a sublime acquir'd since his travels and accomplishments . i can't call this a controversy with the dr. when he gives up the cause , when he seems to take pains to appear on my side : he shews us how the late king was continually inclin'd to a liberty of conscience ; he declares the act of vniformity a severe thing , the terms of conforming , rigidity ; and those that required it , angry men : was the dr. alway of this mind ? why then it seems he only conform'd , fell in with the church , for the sake of her benefices , for officiating at the rolls , just as he fell out with the state , because he lost it ; but this cannot credit much the reputation and integrity of such a celebrated writer , and the church of englands chief men are just as much oblig'd to him for his characters , as the loyal members of the long parliament ; he has sufficiently attainted their honesty , and so most modestly taxes the indiscretion of all his clergy , that so the state , both civil and ecclesiastical , may more handsomely make up that excellent composition of knave and fool : 't is strange that no party can escape the fury of his enraged pen ; this doughty wight may make a good champion for the truth , but will a much better in the rehearsal . the character of that hero , as high as it is , may be more naturally applyed to dr. b , than it is by him to the late bishop of oxford : if you consider him elevated to such an hogen , or naturaliz'd ; for hectoring of kings , invading of kingdoms , fighting of france , combating england , defying of papists , presbyterians , dissenters , church-men , and almost all mankind : but if the loyal parliament ( as he calls it in derision ) were such arrant knaves , ( for if he is in earnest , then their compliance with their king is the best test of their loyalty , and it would be well his present majesty had more proof of it ) and the chief men of the church were such infatuated fools as he makes them , to be wrought upon by the roman catholicks for introducing their religion ; why here then , was a perfect conspiracy for four and twenty year , of the whole kingdome , ( some poor supprest dissenters excepted ) for bringing us back into popery ; and what is more strange , could never bring it to pass . all our power civil and ecclesiastical was concern'd ; all our forces by sea and land ; king and successor on their side , and in his own dreadful description ; a parliament of chosen creatures , all depending upon himself ; and this for near twenty years together , and yet not one step toward popery , unless what appear'd in andrew marvels growth of it ; but on the contrary in this very interval of time , the two severe tests set up to prevent it , and that by this parliament of creatures , and this treacherous designing king of his , ( that he makes alwaies to the very last contriving , to betray the protestant religion ) from his own meer motion , marrying ( that he may see i can use the word ) his two neeces to two renowned princes of the reformed religion ; the greatest security they could desire of his sincerity , to preserve and protect it ; and if i might add one thing more , which i wish as well as the dr. might be forgotten , prevail'd upon , from the tumultuous proceedings of a parliamentary power , to part with a brother that had done nothing , but to be more dear , a palliated exile , that even the necessity of state could not so well excuse ; and if neither councells , force , interest , time , nor religion it self could hitherto bring about all this formidable revolution , i must confess , notwithstanding the discoveries of dr. b , to sober men , and honest , this late king cannot be suspected so false , or any catholicks so designing . the reformations in henry th . time , king edward , queen mary , queen elizabeth , were certainly four as great changes and revolutions , as any we now fear , and as i think , somewhat like the same ; and yet we find they were not working for it under-ground for above four and twenty year together ; ( to confine it only to his reflections on the late king ) and if we must credit all such historians plot , we must add above an hundred more , marching their invisible army , and ammunition in the air , on the sea , under earth ; plots ! that our selves have blusht at , and even judicially baffl'd their belief . but we still saw then , that assoon as there was any new succession to the throne , or any prince of a different sentiment , that design'd to make any alterations in the church or state , they were sooner compast with ease and expedition ; certainly these plotting papists have been a long time very unlucky , or very innocent , when our happier protestants had ever better fortune , and could reform here , more easily and openly , in some few years , in the face , and in the sight of the sun ; and this i think , is as clear too , as some peoples designs , which even at a season , when they need not fly the light ; the dr. says we must still suppose in the dark . his secret of the dissenters having been encourag'd to stand out against nonconformity , even by the court that pursu'd them with such rigidity for not conforming , i am perswaded is another peculiar among the many mysterious intelligences of the dr , and not much inferiour to his wonderful discoveries of the conference at dover , his forreign negotiations , and his majesty's being so * nearly ally'd to the society , when he might so well prove him from the same evidence , a priest in orders , for the authority of his liege letter lies only at that authors door , who fram'd the other from father petre , to pere le chaise , both which will appear to those that have not abandon'd themselves to folly , as entire fictions , he ought to discover him for once a prophet too , that having been essential of old to the kingly office , and then he 'l have the better security for his religion , and may take his word for an oracle , but the dissenters will not thank him for thus making out their secret correspondence with the court and iesuites , but rather believe that he searcht no other records for it , than the original manuscripts of dr. oates his evidence : if this advice to their standing out , was only in order to introduce a toleration , how came it to pass , that when they had one actually granted , that those who had interest enough to procure it , could not by the same power have continued it to them too ? had the late king been so designing , so resolute to introduce this religion so much contended against , he must from the drs. argument have stood to his toleration , and which he might have done too , notwithstanding the clamours of the ensuing parliament to suppress it ; and if an army alone alarms the dr. with this absolute power , and must absolutely make any monarch arbitrary , with which such fearful authors have made such a formidable noise ; then 't was about that time too there was a standing one afoot ; and 't is but an argument against him , for the quieting of all minds , and assuring of men they may the better acquiesce , when amidst an army ; and under an indulgence ; the protestant religion was entirely preserv'd , nothing was alter'd in the establisht church ; nothing in the constitution of the state. his bitter reflection , that dissenters were pawn'd to the rage of the church , like the iewels of the crown for want of money , was only an allegory forc'd in for a better inveighing against his prince in a severer sarcasm , and a more invidious expression by way of figure ; 't is only a sublimer toucht of his kindness to the memory of his majesty that is to be forgotten ; 't is but the language of one that loves the crown , like the famous author of the * mercurius politicus , who as politickly knew how to render it contemptible , by representing of it poor , and so plainly call'd his late majesty the king of beggars : i confess the practising upon the necessities of the prince , was once a pretty prologue , and expedient to promote a rebellion ; but i am sure the church of england never lik'd it so well , and will think her self but little oblig'd to this pretious iewel , her most gracious son , for exposing her for such a pattern , that her loyalty was only a pander for oppression , and for giving no money , till his majesty had given her up the dissenters ; however , the observation as malitious as it is , will do now no mischief , since our present soveraign is as safe from the consequences of it , as above the fears . sect . iv. and now we are come to the true province of dr. b , that looks indeed like one of his seventeen , defying of his prince , and reproaching of him , for faithless , perfidious designs to falsify all his protestations , and waiting but for an oportunity to break through all his promises : i confess liberty of conscience , and the writ de comburendo cannot consist , and are as contrary things , as the dr. is sometimes even to himself ; but what occasion the king has given us to have the least suspicion , or shadow of such an injurious thought , that after liberty for a little while allow'd , we shall come to the worst of poenal laws , i cannot comprehend : is it because his word was ever sacred , and was never violated , but in dr. b's . mouth ? was it to be rely'd on , even with an implicit faith , when he was but a subject , and a successor ? and must it be the less believ'd now , because his character is much greater ? does his person partake more of infirmity , and human nature , when the church stiles him next under god , and nearer to the divine ? is it because 't is his interest so to do , when the quiet and tranquility of the state will depend upon his not doing it , the love of his subjects , and the ease of himself ? and lastly , is it probable he 'l doe all this , because possible to be done ? no , the dr. knows all this is good sedition , but bad argument : he knows with what difficulty the king is compassing for all his dissenting subjects , an establisht toleration , as sure any prince would , that was not himself of the national church establish't , unless he could delight to see himself , and his perswasion criminals to the state , and made obnoxious for their faith to his satutes and the law , sentenc'd in some cases , even to death , by some of those sanctions , to which in a legal sense , himself is suppos'd to give their life : he knows that only for cancelling these severities , and some other absurd inconsistencies in the present constitution of our state , his prince condescends to solicit the repeal of these laws , and for it , to gratify and indulge all his subjects . and yet even this the dr. sees , he knows will not be compas't , but with much time , care , and caution ; and what these invidious authors would observe , but by extraordinary methods , and extrajudicial proceedings , does he think it so easy then , when only the laws and tests are repeal'd with such difficulties to find a parliament after a session or two , that will establish severer acts of vniformity to the church of rome , when that of england has but just lost hers ? and another formal repeal must be made before , of the toleration establisht : i need not take notice , that the number of catholicks of quality , and note , was never yet enough to make an house , and may be a long time before they be , that the national religion will be ever that which is the most generally receiv'd ; the former treatise has superseded for it my pains in this ; but it is easy for the dr , and a man of art , that iuggles with the government , with the turn of his hand , or the shaking of his box , to shuffle upon us , from a preceding protestant , a very loyal catholick parliament : no , 't is not the proof that his majesty has given , that his promises to this establisht church are not to be rely'd on ; 't is not the apparancy of his visible interest , that obliges him to ruin and suppress the protestant ; 't is not the possibility of doing it so easily , were it so injuriously design'd to be done ; 't is none of this that thus disturbs him ; no , 't is his zeal for his religion , 't is his love for a particular society , 't is the popes power to dissolve these promises , and some private doctrines that will instruct him in aequivocations : but will this illuminato say , that all this calumny is new too , his own peculiar notion taken from originals ? — his majesties zeal has long been known to the world , as well as his courage , and that to none more , than his new masters , the dutch ; and who have too much honour in them to deny it . his constant perseverance in a faith , which he too believes the true one ; maugre the many temptations to a change , and the dangers that threatned his continuance : this i confess , shews a well - setled zeal , and somewhat like that which inspir'd some primitive professors of a religion , which we all agree to have been the true catholick faith : a zeal , not subject to flattery , and as much above fear ; 't is not christian to make this criminal , and if he will introduce this doctrine among the dutch , we must * in his own words , believe there are bramans there . that his majesties favours are only extended to a particular society , is an invidious assertion more dogmatically laid down , than absolutely true , of which himself might even cease to wonder , did he believe his whimsey , that his majesty was a member of it , but the dr. is at too great a distance to make good observations , and must needs commit most horrid mistakes , should his intelligence chance to be bad . i hope he 'll have a care how he writes history upon hear-say ; this would lay him open to himself , and even varilla's ; some people that see here without telescopes , can observe that his majesties favours are not so confin'd , but extended even to some persons , and orders , that have not been adjudg'd such intimate friends to that of iesus ; or if some of the drs. * letters don't ly , or he believes them himself ; a sort of enemies too ; some that have contended with them are no such strangers at court ; and tho' that learned person , father p. a man of a liberal education , and no mean extraction , whom this dr. b's . lines can never let pass without an asterisk , or mark of his favour , has truly so much of his majestys , as his worth and merit may deserve , does this monopolize the favour of the prince to that party ; or should we not hear catholicks themselves complain , if it were so partial ? yet these are the drs. premises , these his conclusions , these his discoveries , in which he so prides himself ; but should it prove so which is yet but insinuation ; and indeed , as the dr. intends it for disturbance , sedition ; did he never remember any protestant princes , that countenanced more especially , tho' not different orders , yet a set of divines of very different opinions , even in their own church ? sure he does , or else our books of more modern reformation are very much bely'd : in king iames the first 's reign he was sure to run himself up to preferment , that could best baffle and run down arminius ; or ( if he 's pleas'd with the new relation ) his countryman : the old arrians never seem'd to them such arch-hereticks , and if he will have it more to the purpose , he may call this an order too , or the order of the synod of dort : but when the tide turn'd again in k. charles the first 's dayes , not many bishops were made , but what would stand stiff , and stoutly to his principles ; and preach't down the other for a doctrine , uncharitable , impious , blasphemous , damnable ; this is so sadly true , that some wise people think it occasion'd the war ; but were this society so solely , so zealously in favour , they might be envied for 't , but not abus'd ; their learning , and more liberal education , by the little that i have seen abroad in most catholick countries comes up ( to speak in the drs. dialect ) more to a sublime , than is commonly observ'd in some other regulars ; their foundations more sumptuous , their revenues richer , their libraries larger , and i believe the dr. himself more oblig'd in the progresses he made to their courtesy and communication : but what reason protestants have to upbraid their prince here with partiality , i cannot apprehend ; who proposes not only an vniversal indulgence to all , but practises equal dispensations and distributions of his favours , even among themselves : are not the protestants much the majority in his council , in imployments , civil , and military ? are not some particular loyal peers of that perswasion , known to have no little interest and influence ? does not their chappel stand as quietly within his own walls , as his own wherein he worships ? and that perhaps , in spite of some provocations upon the place ; for as i heartily wish the continuance of it there , so i could wish too , a more prudential decency would attend it ; persons of great learning , and good lungs , may exercise themselves , and to much edification , without thundering against rome , to the shaking of the church of england , and where now rests this partial imputation of zeal , of bigottry , and opinion ? what must become of all this malitious stuff ? must not the world be ashamed of it , i could almost have said the dr. ? but now for his invincible arguments of the popes dispensing power , and the monstrous doctrine of mental reserves , and cunning aequivocation ; does this affect his majesty any farther , then he submits to be govern'd by it , and has the dr. prov'd in any single instance , that he ever made use of such evasions for a salvo to his sacred word ? so that supposing an unquestionable verity in the drs. depositions , 't is but a bad inference from the principles of any persons to calumniate the prince , and to assert him actually affected with such sentiments , only from a possibility of being so : but has this good christian then the charity to believe , to think , that all romanists imbibe these doctrines , suck them from the very milk of their mother church ? that the pope can dissolve any solemn promise , contract , or oath ; certainly the catholick countries must have but bad commerce , since so dangerous security ; and yet i cannot see but we keep a good correspondence with those climates , true returns made us in our trade , and the traffick for their commodities , as secure upon the place ; contracts in themselves unlawful , are in some cases de facto void , and in others resolv'd so by some equitable construction in the law ; oaths necessitated , and in illicitis , our sanderson will satisfy us , we can dispense with , without a pope ; and i cannot apprehend , either from reading , or conversation with any catholick , that the papal power pretends to dispense , but upon some such considerations : the reservs , by which all jesuits must so unreasonably suffer , have as oft by themselves been as solemnly renounc'd , not only in some elaborate writings , but seal'd , even with their latest breath ; and if any particular persons have positively asserted it , 't is as injurious to paum it upon a whole society ; 't is such a reserve to their enemies , such a refuge , i confess , to those that will accuse them , that it is morally impossible to defend themselves from the imputation , if when they sacrifice their lives for it , invoke the almighty , renounce these reserves , even with a dying imprecation , and they shall still be supposed to be dispensed withal for this ; their accusers malice in common charity , must be more presum'd on , and suspected , than any such principles in a christian faith ; so that in short , the papers of dr. b. deal no otherwise with the promises of the king , than their old descants did upon the dying speeches of the iesuites , when their animadversions superseded all possible defence of their innocency , and were the most infallible expedients for the fastening of guilt ; and where the interest of state , and the sacred resolutions of the prince dispose him to maintain his unviolable word , or his solemn oath ; it cannot but be the profanest thought , to make his religion betray his morality ; and even a fervent faith and * piety , to be but a perfidious pander to a more deliberate perjury . sect . v. it is a hard fate for a prince to be argued out of his integrity , and to be made an ill man with artificial inferences and insinuations : it is an acknowledg'd hardship , even to a common prisoner at the bar ; and the dr. in his tryal would be loath so to suffer ; constructive treason , in the case of a subject , notwithstanding the th . of our edward , has been much complain'd of ; and i think , dr. b. has made it his complaint , and shall his king be call'd to an account , as unaccountable as he is , for a violation of his faith , and that only by construction ; 't is as great a crime , as can blemish a monarch , and ought to be as tenderly treated , as his subjects lives ; the greatness of his person aggravates the guilt , and from the meanness of his condition , is more excusable , or less conspicuous in a common man , breach of promise , or faith ; in the soveraign authority is as much the highest violation , as treachery against it , by a parity of reason , the greatest guilt ; i hope dr. b. does not deal with his majesty , as * harrison did with his father they martyr'd , study to blacken him : but i cannot but observe , that his charge seem somewhat to savour of cook the solicitor ; and looks as if he was retain'd councel against the king , to prove this betraying of his trust , and does every thing but call him traytor ; i do not think the drs. intentions so bad , but must needs think that he seldome considers the consquences that may be drawn from his own discourses ; the calumniators of that king would only have prov'd an actual violation of his trust ; and the dr. deliberately studies here , from reason and religion , politicks , and example , to prove in his soveraign , a necessity to betray it ; what is this , but the rendering him odious and criminal , with the worst of innuendo's , or to make him suffer by anticipation ; and what to a subject no laws will allow , by bare presumption condemn him : i cannot in common charity to the dr. imagin this mighty malice is directly meant to his majesty , tho' too much i am afraid among such a deal of it must stick , but that his transport and passion against this society , provok't him to such inconsiderate reflections upon his soveraign ; and we have heard , i know , in our own history , of a subject that in the heat of his game , shot his arrows at a deer , but kill'd the king , i wish it were not applicable too to his bitter words ; and with them we have done here at present , having refuted them so far , as by pretence of reason they would perswade us of the necessity of his majesty's violating of his word and faith ; but for fear lest that should fail in its effects , or a specimen of his excellency in speech and declamation , he brings presidents for it , and examples , which we are now come to consider . and the first , is the famous edict of passaw in germany , which the dr. had much better omitted , than touch't upon ; it shews plainly the disposition , and inclination of no less than four of the emperors that were strickt roman-catholicks , and followed one another , for granting indulgence , and liberty to those that differ'd from them in religion : in the first place , ferdinand the first , from his own confession did this , and this edict by him was chiefly procur'd ; and that , notwithanding the president that was set him by the preceding emperor , charles the fifth , who ruin'd the league made by the protestants at smalcade , and took prisoners the elector of saxony , and landtgrave of hassia , and was so zealously addicted to the devotion of the see of rome , that he renounced the crown , settled himself among the monks , and died in a * monastery . this ferdinand setting aside the relation of his blood , had so great an obligation to this charles , and his religion , that he had no reason to recede from those severities , that our author would make us believe both did require ; and this does only more eminently shew , that a catholick king , notwithstanding the tyes of blood and religion , may think himself never the more oblig'd to persecute and oppress ; for it was by the procurement of charles , that this ferdinand his brother , was chosen king of the romans , and his zealous recess , his devout retirement , that facilitated to the other , his soonner and more easy ascent to the empire ; so that both his brothers kindness , as well as devotion , had very much oblig'd him : i know that charles the fifth is said by some , to have design'd his son phillip to succeed in his empire ; but that does not extenuate his kindness to his brother ferdinand ; and i mention it only for fear the dr. should make another unnecessary objection : after this , ferdinand succeeded him , and as others say , even among the * german writers , according to his own intentions , giving the low countries to his son philip , and leaving the empire to this his brother , who upon his first advancement to it , contended with the pope , paul the fourth , for not confirming him , and that only for his * indulgence to the protestants , and taking upon him the imperial crown without his permission : in the very next year of his reign , he call'd a convention at ausburg , to have setled the disputes in religion , but the protestants beginning to clamour , that they would not submit it to be determin'd by the plurality of voices , but by the rule of gods word , he confirm'd to them again , that pacification of passaw , which he even in his brothers time had so help'd to procure , and had sent them upon their liberty to return , two hundred protestant preachers out of bohemia , and during his reign all things were quiet , the protestant princes subscribing again the ausburg confession at newburg ; and he as peacably leaving them a confirmation at his death , and his throne to his son maximilian the second , after six years reign . and the clemency that he shew'd to those of the reform'd religion you see is such , that * dr. b. would insinuate that himself was really a professor of it , or at least much suspected , tho' none before has made what he is so wonderfully good at , the discovery : two daughters that he had , he married to the then most zealous princes of the romish religion ; the most christian , and most catholick kings , phillip of spain , and charles of france : he did not only maintain the edicts of passaw , but permitted the confession of ausburg to all the protestants of austria , and that for the very same * reasons that his majesty has exprest in his declarations , viz. that consciences could not be forc't : and it was in his reign , that the reformation of maygdeburg an whole archbishoprick was as entirely compleated , and that the doctor may see how the protestants were oblig'd to him too , aswell as matthias , he himself labouring to compose the differences for the low-countries then both under reformation , and a revolt . after years reign , which , our german author calls the most happy days for the protestants , rudolphus his son before king of hungary , romans , and bohemia , succeeded him ; in the beginning of his reign , all things had as good successe among the protestants ; the reformation went on , the ausburg confession confirm'd , a convocation was call'd at lubeck , in which it was resolv'd they should submit themselves with all obedience to the emperor ; and that their religion should be permitted to them without any molestation or opposition ; pope gregory the thirteenth sent to him a new calendar , as they call'd it , which the protestant princes opposed , entred their protestation against it , and were countenanc'd in it by the imperial power : about the year at regenspurg , there was a conference again about religion , divines deputed on both sides , but the differences about the rule of faith dissolv'd the assembly ; the emperor no way interrupting the dispute , the proceedings were printed by the protestants at wittenburg , and by the papists at ingolstadt ; and i hope this will shew that rudolphus himself had no other design , but that all things should be determin'd according to the strength of reason and authority . about this time the landtgrave of hassia renew'd again the reformation , and went farther than the germans are wont to carry it , by throwing down pictures , & images , which even among the lutherans my self have seen allow'd of , and applauded , and in all of their eminent churches , i could almost have said ador'd : so far was this rudolp . from severities and oppressions in matters of religion , that if he had been inclin'd to it , from his zeal to a perswasion , common policy , and interest of state , would have oblig'd him to the contrary , he being then in war with his brother matthias , and indeed both sides striving which should most secure to them the protestant party , as by the sequel will appear ; for upon his brothers being in arms , the states of bohemia took a solemn oath to assist the emperor with their lives and fortunes ; upon this he granted to them a further confirmation of the confession of ausburg , and though matthias was prevail'd upon afterward by the bishop of passaw , and the pope's legate , cardinal melini to make an edict to forbid it ; yet he soon found his error , and took occasion afterward to revoke it ; for finding the protestants more favour'd by his brother , and the troubles they had created him by their entering into an union , occasion'd by his prosecution , which wee 'l say with the dr. was set on by the house of grats ; why he presently thought it the wiser way to take a more moderate course , and so permitted that the pacification of passaw should be indulg'd not only to the nobility and gentry , but the meanest plebeians : the emperor rudolphus , when he saw some of the protestant party fall off to his brother matthias , and himself somewhat in a condition not to value them , was animated so far , as for a time to forbid the publick profession of their religion , and the meeting of the states at prague , thinking himself not oblig'd to maintain the priviledges that was granted then by maximilian ; but when he saw what a disturbance it created , he soon confirm'd to them , their antient priviledges , and new exercise of religion , and that in a more extraordinary manner , viz. that none of the popish bishops should oppose the protestants in prague , that both religions should live peacibly together , and that those that disobey'd , shou'd be prosecuted as disturbers of the peace : ( how near this comes to his majesty's proportions , even his enemies must acknowledge ) upon this , protestant churches were built , both in germany and bohemia , and little of disturbance created to the church , all the dayes of rudolphus . and now after these alterations for empire and opinion , the emperor himself dies after six and thirty years reign ; a time , long enough to have rooted out all the new sown seed of the reform'd religion , had rudolphus ever resolv'd it , or could have been prevail'd upon for its extirpation ; it being long before the swede , that famous defender of the faith , or rather invader of the country , had entered germany : i cannot but observe how injuriously the dr. deals here with those very princes , whom he cannot but confess to have been fam'd for their justice and gentleness ; for the fury and violencys which ferdinand of gratz and his family shew'd to the reform'd , how comes it to affect these gentle dispositions , and who we see confirm'd to them , so often their former priviledges , and pacifications , which if they had wholly violated and evacuated , it still shews , that catholick princes can be suppos'd inclin'd from the principles of nature , to toleration and indulgence ; and it must be somewhat extraordinary , and preternatural , that prevails with them to tyrannise ( to make use of maximilians words ) over consciences , and invade the very prerogative of the court of heaven ; what ever other kings or emperors have done and acted against the rules of religion , or iustice , must certainly be most injuriously imputed to those that have been guilty of no such doings , or not known whither they will ever do so , much less to such who do declare against it , and shew that most evidently they disapprove it ; the dr. would fasten persecution i fancy upon catholick princes , not only as a principle of merit , but a species of original sin , and so make all contract the guilt of it by imputation ; for otherwise arguments drawn from particulars , can never conclude universally , much less from the single instance of the severities of france to infer an absolute necessity for its being so here in england , when even among the primitive persecutions , there were those emperors , that favour'd the christians ; and it can never be admitted to conclude from the rage of a nero , a dioclesian , that never a titus , a vespasian , did ever reign at rome ; both charles , and ferdinand of gratz may be condemned in history , for their severe proceedings , when a maximilian as much fam'd for his mildness , and gentle disposition . but to follow our celebrated author in his next historical instance , matthias mounted the imperial throne , assoon almost as rudolphus left it ; he had a disposition to mildness , as the dr. himself observes ; and in the first year of his reign , receiv'd the protestants petition about the confirmation of their religion at regenspurg ; and when afterward by matthias his means , ferdinand the second of that name , that succeeded him , was made king of bohemia , he was forc'd to confirm to them all their priviledges , and to promise the continuance of them after the death of matthias , and that which truly influenced this emperor , or rather incens'd him to the proceedings that follow'd , was not the iesuites , whom the dr. cannot spare , even where they are unconcern'd ; or the violences of the house of gratz ; for chronicles of theirs can tell us , that even a cardinal , and one of the emperor matthias his privy-counsellors was on the very coronation day , when this ferdinand of gratz was crown'd king of hungary , sent prisoner to tyrol , for endeavouring to stir up those divisions that after followed : the first begininngs of which , ( as a * german and a lutheran observes , and which from such an impartial author , for the sake of the reform'd religion i am so sorry to relate ) were occasion'd by this disorder : the protestants held a consultation at prague , where among some of their grievances was propos'd , that the edicts of rudolphus which we recited before , not being by the catholicks stricktly kept , for their being bound to a better observance , the reform'd did agree to represent it at a meeting of the imperial ministers to be redres'd ; but finding there * two men of note to withstand them , and to make much of opposition , they were so incens'd , that they took occasion to throw both these persons out at window , as they stood next to the secretary fabritius himself , firing at them as they fell ; upon this great outrage , which could not but with more force be defended , they united immediately into a league of lives and fortunes against god's , the king's enemies , as they call'd them , and their own ; went streight to the listing of souldiers , order'd directors or administrators for the management of the affairs of the kingdom , and as if incens'd with dr. b. against the whole society , banisht all the iesuites out of bohemia , and publish'd a manifesto to justify these outragious proceedings ; the emperor matthias as mild as he was ; as gentle even as our prejudiced dr. can allow him , could not but resent these great indignities , be alarm'd at the disturbances that were made and provide against a total revolt and rebellion , that did more than threaten him by being already commenc'd , those of silesia siding with them , sent under the marquiss of brandenburg a considerable force to their assistance ; count mansfield set up for their general ; and it was time then for the emperor to seek out for his ; his mildness had try'd to make them before to lay down their arms ; and so for their persisting in hostility , had the more right to declare them rebels ; they had besieged the budeweis before the emperor had order'd to proceed against them as such , and taken another town by storm , and even of his intentions to attack them , gave them timely notice , when nothing could prevail with the bohemians , and the emperour bear nothing more ; the count de bucquoy march'd against them , and in battle beat them , and in this , in thus manner , began that cursed disturbance , as our author calls it , that cost all germany so dear : this account i have faithfully translated from our dutch authors chronology , their own country-man , their own protestant ; who laments the very disturbance themselves created , and all the miseries and misfortunes that so justly follow'd ; dr. heylin , an historian , as fam'd too for reformation ; as our reflecter we revy on , as much a member of the church of england , and whatever are the censures he must suffer , an author as honest and sincere , and only more impartial , he gives us his sence of these transactions , to this effect : discoursing of that more memorable battle of prague that follow'd afterward in ferdinand the seconds time , to which he even himself was forc'd ; for he before had admonished them to lay down their arms ; says , he cannot decide who had the juster cause neither ought success of war to decide it , but of this he 's sure that ever since the erecting of that kingdom by the sclaves , or croatians , it depended upon the disposal of the emperor , and observes that on the day that the battle was decided , the gospel appointed for it , had in it that memorable text of rendering unto coesar the things that are coesars ; but such is that inconsiderate zeal , praepossession or downright sedition of some that set themselves only to contest it with a crown , that the specious names of reformation and religion must sanctify any sort of rebellion and revolt ; 't is too much one would think , that it should excuse it , much less , make it lose its nature , and forget its name : the good emperor matthias , soon after the first defeat was given them , to which he was by their own confession forc'd , departed this life , and left ferdinand a more furious prince in military matters , and more zealous in ecclesiasticals , to follow and pursue it . this producing of such a popish prince for a president of perfidiousness , and persecution , whom himself confesses so mild , and relenting as to become a protector to the distressed states , even to revolting protestants against a revengeful prince , will make men distrust the weight of such an argument that carries contradiction and boldness in triumph before it . the dr. does not deserve the protection of the dutch for defaming thus their best of protectors ; but he deals with him as kindly here for the sake of his religion , as the dutch , his new masters themselves did , when he assisted them in the defence of their liberties , for they fell upon him and his followers , in a solemn procession at antwerp , on ascension day , kill'd some upon the place , forc'd their defender to fly to the church , and take sanctuary for his life ; 't is hard i confess , to decide whither it was the result of zeal in the reformation ; i will not say of the spirit of rebellion , but this is certain this protector was very scurvily treated , and but ill us'd , insomuch , that he protested if they serv'd him so , he 'd leave them to themselves , and return into germany ; which afterward for other indignities offer'd , he was forc'd to do . but this author i cite , being one of the society , will supersede all credit with the dr. ; for prejudice with some people will spoil the best of authority ; but then the most impartial * thuanus , whose sincerity , even himself has applauded , i hope will be better believ'd , and truly he says but the same , that this catholick defender of the protestant cause , had but little thanks for that assistance , which of his own accord he brought the states ; if protestants will not be oblig'd to roman-catholick princes for redress , or preservation , pray don't let the fact be libell'd , and their principles traduc'd against positive proof , as if they were alway ready to root them out , and study'd to destroy them . here are presidents from history , and such too , as that to some of them , himself does give a sort of approbation , that in former reigns , in forreign countries , where the catholick religion has been generally receiv'd , that by princes of that perswasion , the protestants too , have been countenanced and protected ; and the peace we here do now enjoy at this present , in this kingdom , in the same circumstances , and the thankful acknowledgments that are so universal for its enjoyment , is an additional evidence , that the dr. may be mistaken in his arguments from fact , as well as malitious in his inferences , when they truly will appear both spiteful and false ; so that his seditious insinuations against his majesty's indulgence , and his ungrateful dealing with the king , that as he says , advis'd him once of his approaching danger , help'd him to prevent it , and perhaps , protected him too , are no more an argument against the mildness and clemency that may be expected under the reign of our merciful monarch , then his masters ancestors ill usage of archduke matthias , can be made use of to prove they never had such a generous protector . but setting aside these presidents of the german princes that were so favourable to protestants ; consider but the cases and circumstances of those emperors that were condemn'd for such severities to them ; those that are said so much to have violated their faith ; and for that you 'l find even charles the fifth , and ferdinand the second , if impartially examin'd , not to deserve so much of reproach ; in the reign of the first , the protestant religion began to be receiv'd in germany , and with that monarch might be said to commence ; for tho luther was born long before in frederick the third's time , it was but a year or two before charles the fifth , that he began to write against the pope , which whether the result of passion , or conviction of reason , we shall not now examin ; but only the princes vsage of him , and his proselites . the most impartial author among the * papists tell us , that upon the propagating of his doctrin , and the troubles it created in the empire ; that the emperor labour'd to compose the differences with all the mildness imaginable , promis'd them a council , and that 't was known to all , what pains he took to procure it ; sleidanus a german himself , one of the primitive proselytes , a protestant , that liv'd all along that reign ; and so had all the qualifications in the world , that can recommend him to those of the reform'd religion for a sincere historian ( since some people will believe nothing but what is writ on their side ) : i cannot see that he represents even that emperor for such an oppressor of the protestants ; tho' any impartial person would consider that any soveraign authority will for its own preservation oppose any novel opinion in the * church , to prevent the disturbances that will unavoidably follow from the propagating of it in the state , and whatever were the good effects of the reformation , that some of these bad ones did ensue , cannot certainly with any modesty be deny'd : the emperor was so mild upon luther's first appearing against indulgences that were made too venial in germany , by being too commonly sold , ( which even sober catholicks in those times could condemn , where they were abus'd ) he writ to the pope , * that for avoiding of controversies , and sophistical disputes , these matters might be reform'd by a general council ; which certainly was a much better way , all protestants must allow then , that which luther took by making but an unhappy breach in the church ; for reformation with authority and warrant will ever be built on a better foundation ; and then too much sooner defended , than any good that is done , tho' the greatest ; by any ill and indirect means ; why fryar tecell's selling of pardons so indiscriminately , even to a scandal , should make him renounce his religion , or sylvesters a strict thomist , too zealous defence of the popes authority , make rome presently the seat of anti-christ , as he * calls it , and warrant him to forsake the church , if these escape with impunity , as himself did with threatnings declare , i cannot comprehend ; yet tho' upon these foundations , we still see the emperor permitted it to go on peaceably , * tho' he labour'd too , that it might more regularly ; for doubtless the pope's condemning of luther's works to be burnt , did not impower him to burn the pope's decretals , no more than if a libel of dr. b's . should receive such a sentence , it would authorise him in the same manner to serve the king's proclamation . the church-men , doubtless then , ( as it concern'd them , being then of the only church establish'd ) were very zealous for the suppressing of luther , and his proselytes ; but we do not find the empr. too so furious in their prosecution ; he told them to their applications that they made him , that he chiefly coveted the quiet of the empire , and that he had taken pains no force should be used to any man ; national councils he called them several , to which they would never submit , and did wisely to protest , since they were sure to be out voted : he allowed luther a publick disputation at leipsig , sent him an assurance of security to come to worms , and when some zealous church-men perswaded the emperor to order him his process , they were so far from prevailing , that he smartly told them , though there was no faith in the world , it should be found in his breast : i suppose the dr. would not use this too , as an infallible argument for all catholick kings being compell'd by their religion , to violate their faith : his ausburg confessions were at that town graciously receiv'd by him , and order'd to be taken into examination ; he himself condescended to the interim ; in which were two points gain'd , or granted , tho' obstinately refus'd , the marriage of the priests , and the sacraments in both kinds ; * and such a favour it was too to the protestants , so highly resented by the pope , that he threatned the emperor for usurping his authority , and offering to reform the church ; and as the ausburg confession was confirm'd , so the pacification of passaw was in his reign procured ; and if we reflect on ferdinand the seconds reign , the protestants were in arms , when he came to the crown , he commanded them to lay them down , they oppose his being emperor , protested against his election , chuse their king of bohemia ; and thus they fann'd the fire that set all the country in a flame , and to continue it too ; at the dyet of leipsig , league themselves to war with the swedes , when at the same time the emperor at another at ratisbone , had made proposals for peace ; and the violations that at any time follow'd , were occasion'd by mutual jealousies on both sides ; the protestant party growing powerful , and princes falling with them into leagues , made the emperors look more to the preservation of their authority , than their subjects priviledges ; and they thinking themselves injur'd in them , would remonstrate their grievances ; and the emperors complain their preachers were the occasion of commotions , that they sided with their enemies , * and those of christendom , and as teckely now , with the turks ; and perhaps , each party having its real faults , as well as human infirmities , fell from inward fears of one another , to open hostility , even to the lamentable effusion of too much christian blood ; this is sincerely the substance i can collect from authors of all sorts of complexions , which the dr's . endeavours to defame his majesty's person and religion , has in this point given me occasion to consult . sect . vi. as these instances were forreign to our nation , and his purpose too , for they make against him ; and since so unlucky , he had better let it alone ; so we will consider his more domestick examples , and examin how far these presidents of perfidiousness and falsehood which he would fix on the popish princes of great britain , make for his purpose . the promises of queen mary of england , whatever they were , were only made to the suffolk men , if any made ; for besides what are related * in history , no publick act under her hand appears ; and the dr. knows his present majesty in the very first act of his reign , and in several repeated proclamations since has solemnly sign'd it , and so signify'd it to the whole kingdome , and the world ; though his sacred word was sufficient without such an overt act to secure us : but besides , i know dr. b. values himself so much upon his understanding of history , especially about reformation , that the times to which he would apply his comparative reflections , as they are very distant , so too of a quite different face and complexion to what they were in her dayes ; will the dr. make no difference in the settling of the protestant religion , between the settlement of the six years of king edward's reign ; and about an * hundred and thirty that have followed since , sure he is satisfy'd of the vast disparity ; he seems almost assur'd that his elaborate writings will secure us against the repealing the tests , ( or else they are pen'd to no purpose ; ) and then can he expect that an act for re-establishing popery , should pass ( as in her reign ) in the first parliament . the reformation in the former reign was really a force , and what all impartial protestants , can apprehend , carryed on even sacrilegiously by the court to serve some secular designs ; tho' the consequences of their ill means might be truly good ; and perhaps in my opinion will ever be so ; 't was easie then for her , without any breach upon laws , statutes , and constitutions , to retrieve and establish a religion that had been from all ages receiv'd , and only for six years discontinu'd , yet still we saw , as appears from her * proclamation , she so far adher'd to any promise she might have made that she declar'd , she would never compel any of her subjects in matters of religion , till by their common consent they had oblig'd themselves , that they did so , is too well known , both houses putting up a petition in the name of the kingdom , to the cardinal to be receiv'd again into the church of rome ; and this a parliament that none have yet offer'd to prove , was procur'd by any indirect means ; so that it plainly appears , that laws will alway depend upon the general opinion of the people ; and as they could not find then an house of commons to restore the church-land ; so it will as hardly be got now , for restoring the religion . the reflection he makes on the queen-regent of scotland for breach of promise , comes after examination of her history , and the transactions of her reign ; in which she was then but a princess subordinate , to the criminating of those her very accusers ; and the substance of it , sincerely this : after the death of cardinal beaton ( who by the way was as barbarously murder'd ; ) the sufferings of some persons † for religion , which himself from his function in the church , had too zealously set a foot , many of the commonalty began to conspire against the government ; and at last seven or eight of the nobility , took upon them to make an act of reformation : i confess had it been done in a more parliamentary way , it might have been more authentick : this queen-regent was so far from proceeding against them as criminals , which doubtless she might have done , it being a manifest usurpation , if not plain rebellion ; that she gave a favourable ear to their proposals , tho' the clergy that were then establisht , you may be sure perswaded her to the contrary ; she offer'd all things to be redress'd in a parliamentary way ; but zeal being seldome attended with the greatest prudence and deliberation , they fell into open ryots before she could find a way to please them ; disturb'd a procession , to which her self was present ; demolisht monasterys , pull'd down images , and overturn'd altars ; till at perth they appear'd in open rebellion , and up in arms ; what promises the queen there made , are as well known , as the manner how she was forc't to make them . they threatned her , if she would not accept of their accord , or did ever violate and break it , they would joyn unanimously to depose her ; knox the great incendiary setting them on , and made them confederate into a perfect league : and i believe this too was as absolute a power as was ever seen in scotland , or into the low countries , sent from spain . after this pacification at perth , the lords of the congregation , who were always the first in the field convene their forces again at coupers-moore ; besiege the town of perth , force it to surrender , sack abbys , subvert monasterys , and sacrilegiously spoil all that was sacred ; and all this without any regard of any duty to their sovereign , or reverence to their god. the strictest of our casuists , even in a common person ever resolv'd all obligations void , that are occasion'd by terror and constraint , and the dr. need not have recourse again to the society ; i know the lewdness of some * politicians have extended the obligations of kings & princes to a greater latitude from their publick concerns , than in conscience can be allow'd to common subjects : i am so far from that sacrilegious thought , that i think the sacred , and exalted characters they bear , obliges them only more highly ; and that to a stricter observance , tho' still where subjects can't be said to sin , 't is hard to make our princes peccant ; why does not the dr. prove that this regent , or her daughter the real queen did break their promises too , when they assum'd their just authority , after they had both been so injuriously brought to renounce it ; but in this very case the reflector had better spar'd his animadversion , since it was one of the articles too at edenburgh , that there should be no injury done to the catholick churches , which the queen complain'd of , was as soon violated ; but since nothing will please some people , but arguments , such as the schools call ad hominem ; nor even those neither , when the man's mind is alter'd ; does the dr. think , that if king charles the first , had been forced to the nineteen propositions , to the utter subverting of the church of england , it would by their casuists have been adjudg'd an indispensable obligation , they could not think it so in the case of the covenant , which the king ( to whose memory the dr. has such a kindness ) even in those countries is said to have taken . but to see how these faithful reformers dealt with their queen , that must be upbraided for the violating of her faith. after they had been the occasion of breaking some of those accords ( for which none but their sovereign , it seems must suffer ; ) they left this queen so little power to break her promise to them in matters of their religion , that she had none left to maintain her own ; for at a conference at preston she desired only the celebration of the mass in the place where she resided , and even that was deny'd her . but to go further yet ; tho' allegeance be a sort of faith too , and a most profound promise , which either the municipal law requires us , or our birth-right commands us to obey , that being also an old oath observ'd in our court-leets , if we were not ty'd to our more modern ones , made since for some more designing ends ; ( setting aside those slight obligations to their soveraign ) they consulted for such oracles of the law , those reformers of the gospel , knox , and his followers , about the deposing of this queen from her regency ; insomuch , that * this reverend author , a metropolitan in this church establisht , honestly represents it as a scandal to the very reformation ; they burlesqu'd the very bible , to place the power in the people ; so that if their religious interpretations of the new testament were not more agreeable to the truth , than their political constructions upon the * old , protestants would be asham'd of the very doctrines they profess'd ; they depos'd this queen regent with a iure divino , and the prince instead of that was deny'd to have any at all ; and to save the dr. another reflection , the case was the same here , as if she had been an absolute queen , themselves acknowledg'd it in the very fact , for the other being out of their hands , they were forc'd to have recourse to another principle of democracy to proceed upon , by vertue of that authority of their queen in france , with which she had never yet impowred them ; they deposed that queen-regent in scotland , which her self had authorised ; and this perhaps might be truly call'd the courting of a common-wealth party ; but if that won't serve the turn , it is as well known their hereditary queen was serv'd so too ; 't is too much to upbraid a princess with a breach of promise to such subjects who violated almost all that was sacred , and only to sack the town wherein their soveraign resided , turn'd their very temple into an armory , and magazine , made the church truly militant , and their doctrin in the literal sense , an evangelium armatum ; but yet to add after all this dr. b's aspersions , the better authority of a bishop of his church ; he that writes the history of it , gives this regent a more agreeable character , and honestly represents her as one that avoided alwayes giving any occasion to those troubles of the kingdom , that her dexterity was chiefly in composing the tumults , and pacifying the north , and that she was the greatest lover of iustice and equity ; and condemns mightily the history of knox , from whose work our author borrowed the blemishes that he has cast upon her , and who in abusing of his own prince and country , cannot have better associates , than burnet and buchanan . this habitual excellencies of our adversary , consisting so eminently in the defamation of princes , and especially his own , i wonder how his hereditary queen of scotland could escape him ; and that the breach of promise had not brought about all her misfortunes too : by his way of writing , he had not been bound to consider , that when she was coming over from france , tho' so solicited by the queen of england , she would not ty her self to any promissory obligations to confirm any of the former ratifications , and so justify her rebellious subjects , which she told to throgmorton for a message to his mistress , and 't is to be wish'd for the credit of our english nation , and the protestant religion , that that princess had kept her promises too with the queen of scots . sect . vii . as for the politicks of france , as they make a book by themselves , so this author might have omitted them for any argument they are against mine ; for in that i had observ'd the great difference that there is in the constitution of that government , and our own ; the vast disparity between the temper of the two princes , that at present govern : the multitude , and mighty majority of catholicks in the one , and of protestants in the other ; these sort of suggestions with sober men , and unprejudic'd , may be so prevalent , as to satisfy them , that a protestant persecution is not so soon set afoot here , where we see even those that fly from it there so graciously receiv'd , and by the supream authority more especially provided for ; let but dr. b ' s. concessions that secure the grisons , the switzers , and some principalities in germany take place , and from his own arguments they are safe , since the want of power , and the circumstances of affairs will prevent any danger . the massacre of paris the dr. knows was by most of the roman catholicks condemn'd , & the truest & best account we have of it , is from one of their own authors , and of that religion too ; it was , as from him will appear , the deplorable effects of a long civil war , and the passionate revenge that was coveted by some great persons ; with an eternal animosity between the two houses ; that inspir'd them first with such bloody thoughts , which afterward was turn'd against the protestants in general , and like a flame , dilated it self into destruction before it could be stopt : the occasions of this vast effusion of blood , the dr. will repent that ever he touch'd upon , and even against my will has forc'd me to repeat ; it will be none of the greatest credit to their reformation in france , to recapitulate the manner of its carrying on , and we had better be contented with its establishment , than examin the manner how it came to be thus establish'd ; but since by his unjust reflection , princes and their religion ; their sacred person , and christianity it self is brought to suffer ; i must confess it has extorted from me that truth , which from the circumstances of our affairs , and in kindness to some people , i could have sooner conceal'd : the dr. must know then that i will not iustify kings , and countries , just as he libels ; them only with a reflection ; but as the forgoing defences i have made , are founded upon their epitomy , and impartial histories , and matter of fact ; so he 'll find perhaps france too , may much in the same manner be defended ? we shall not have recourse to their antiquated reformers , those of waldo , or the albigenses , though shedding of blood was brought up in their time too , when with no little barbarity countenanced by the earl of tholouse , they basely murder'd their viscount in the city of beziers , dash'd out the teeth of their bishop , and almost his brains too , to whom his own church could hardly be a sanctuary ; for which insolencies , to give it the softest term , ( and as protestant authors * say , many more of the same sort ) lewis the ninth , was necessitated by force of arms to suppress them ; of a long war , and the much blood that it cost ; the catholicks alone , cannot with any justice be brought to bear the blame , since there were no promises then made by the prince , nor any society to teach him reserves . the times we shall touch upon , were when luthers opinions first took place there , but not without as great a disturbance to the state ; for innovations tho' introduc'd for improvement , and reformation ; must unavoidably create troubles and confusions ; nay , tho' there be nothing really new , but only some alteration of old customs , by bare omission ; and receding from former opinions hitherto receiv'd ; these sorts of mutations , being look'd upon as novel , attract the consideration of those whom it may concern ; forms imediately a party or a sect , which sets up in opposition to that which is establisht ; and political bodies , like to those that are truly natural ; having this common principle , to endeavour for their own preservation , there must unavoidable be great conflicts between that party that would retain its power , and that which in spite of it would aspire to it : our henry the eighth in 's reign , the first great example amongst us , of such a scene of change and animosity , did himself best experience and describe it too ; and had some occasion to say , that some peoples standing so stiff to their old mumpsimus , and others so zealous for their new sumpsimus , had occasion'd a great deal of confusion in his kingdom ; and i think so too , tho' himself too was the most improper person in the world , to pass the animadversion ; for certainly , if any party can be answerable , for the ill consequences , that attend an alteration , tho' the pretence be never so good , it must in justice be charg'd on that which gives the occasion to the change ; there can be no innovation either in a church and state , without invading somwhat of a right , either of antiquity , and prescription ; possession and the law : now i never met with a legislator yet , but what did allow him to be always in the wrong , that invaded another mans right ; and the notion we have got in our noddles of our parliamentary power being able to do all this , and almost any thing ; i believe some people will at present be loath to allow , tho' very well pleas'd with the latitude it took in our original reformation ; our common law did ever justify a lay-man in the defence of his inheritance , and his house ; and if i mistake not , our magna charta made that * church to have her priviledges and patrimony too , and provides especially that they be kept unviolate ; when a strong man armed keepeth his palace , his goods are in peace ; but when a stronger man shall come upon him , and overcome him , he taketh from him all wherein he trusted , and divideth the spoil , and i wish i could not apply it here to the revenues of our church . and this , perhaps you 'll find was like to have been the case in france too : francis the first of that kingdom , having a mind to be famous , took the wisest way to make himself so ; by sending abroad for men of learning , whose pens might transmit his fame , with more advantage to posterity ; expecting i suppose , no authors , could then be met with , that would write the memoirs of their monarch only to vilify him to future ages : this encouragement , you may be sure , drew a great concourse from all countrys , upon promise of being incorporated too , into a university at paris ; luther was then a reforming in germany , where already they had * fallen out amongst themselves , as well as with the emperor : he takes this occasion to send bucer , and some of the best of his followers thither , to propagate the doctrine ; where for about ten years they flourish'd , under the countenance of the kings * sister , and wife to the king of navar , who , you may be sure , could have no kindness for the pope , that had depriv'd her husband ; but the troubles these innovations created to the kingdom , and the contumacious carriage , and attempts they shew'd against the church , from the countenance of that angry queen , provok'd the king so far , that even her power could not protect them from feeling his resentment ; so that by several edicts their preachers were expel'd , & the name of luther very nearly lost & exstinguish'd ; but calvin comes on and had better success ; for he being so debonair , as to be able to write to them in french ; their own idioms , & the vulgar tongue , and it could not but tickle the common sort , from hardly understanding it , to be made iudges in religion ; so that all his doctrines could not but go down , as indeed they did ; and spread so fast , that hen. the second was alarm'd at it , as any prince would to find a party become so formidable , as to oppose the church that was then establish'd by law : this made him endeavour to suppress them . amidst these troubles the king dies , and the minority of his son francis soon rais'd them again to their former vigor , and that the whole kingdom did afterward sufficiently feel ; for in this conjuncture , the greatness of the house of guise animating that of bourbon to rebel ; the duke of vendosme , and prince of conde disgusted and slighted , drew in the two chastilions , admiral coligny , and mr. d' andilot ; these discontented courtiers consulting together , found no expedient so agreeable to promote their designs , as the drawing in of the hugonots into the conspiracy , and by making themselves the head of them ; and though the duke de vendosme did for a long time dislike it ; it was so carryed on by conde , coligny , and his brother , that in short , the hugonots were drawn in to vnite , and league themselves under the princes of that house ; and this is that league or vnion ; ( our author shall call it which he pleases ) that by me was plainly meant , into which the protestants enter'd ; and not that of the papists which was long after ; and i wish dr. b. only more foresight , when he would libel * and invade my sincerity , they rais'd men , monies , and ammunition , come to blois , with petitions in one hand , and swords in the other , with an intent to seise the king and queen , and put the guises to the sword ; this would have been a little massacre too ; but the court having intimation of it , was remov'd to the strong castle of amboise ; there they come too , to pursue the design ; but the d. of guise , being made lieutenant , ordered the matter so , that they were all routed , and renaudy the chief of the rebells kill'd : * this , tho' of their own seeking , set all the rest of the neighbouring provinces in a flame ; they seiz'd upon catholick churches by force , w ch if calvin himself could call rashness , the romanist's might well rebellion , the same outrages they committed at avignon ; so that at an assembly at fountainbleau , it was thought best to make some favourable edict in their behalf ; but this , i hope will not excuse them from the blood that was spilt before , or the insurrection that was made , since they prided themselves in it , and glory'd in the consternation they had cast on the kingdom ; and without considering their obligation to the edict , presently after , concluded to seise upon some of the most considerable towns in france , and even paris it self , to depose the queen , remove the guises , and get navar , and conde to be governors to the king : this plot was carryed so far , that they mutined in most towns against the magistrates ; and the prince almost had made himself master of lyons ; but his project being discovered , he was made prisoner at orleance , his process form'd , himself condemn'd , and had as certainly been executed too , had not francis the second at the same time dy'd , and so altered the constitutions of the state , and the measures of the court ; for the queen her self now began to be as much afraid of the growing greatness of the guises , comes to an agreement with the king of navarr , that she shou'd be regent , and himself lieutenant of the realm , that all prisoners for religion shou'd be releas'd , all prosecution forborn ; but these favours to these reformers made them more rebellious ; insomuch , that they set upon the catholicks at their sacrifices , pull'd them out of their pulpits ; insomuch , that at last the king of navarr could not find in his heart any longer to defend them ; and so it was resolv'd in a general assembly at paris , that their ministers should be expell'd ; and none but the catholick religion allow'd ; after this they prevail'd at last at * poissy for a dispute , tho' the council of trent was then a foot for deciding any differences , which as fairly as it is represented , and perhaps impartially , by father paul ; and as fouly by some that were more zealous and concern'd ; yet certainly was a much better expedient for setling the disputes in the church ; then a private assembly amongst themselves , where the objection of pact , partiality , contrivance ; the clamours against that council must needs with aggravation recoyl upon themselves ; but the result of this divinity - disputation was what usually attends such polemical debates , like a tryal of skill , both sides boasted they had the best ; but certain it is the king of navarr , upon seeing the differences among the reform'd ; some favouring the augustan , others the helvetian confession , was the more confirm'd in the catholick faith : but the other side by their boastings growing so popular , insomuch , that it was thought dangerous almost to disturb them , another edict was granted or forc'd for a pacification , which juncture of affairs made the cunning queen fall to favouring of them too ; that even as the sense of a protestant author observes , a dignify'd member in the church of england , this prosperiny of the reformation was the cause of all the miseries and misfortunes that befel the kingdom of france , to the ruine almost of the realm ; their encreasing in strength , encreas'd so far the power of the prince of conde , that his former partner , the king of navarr , made no figure at all , which made him call in the duke of guise for his assistance ; and the duke coming up , by the way , a fray was commenced , by some of his servants at a protestant sermon ; the duke coming to interpose , and part , was wounded by them himself , which so enrag'd some of his souldiers and followers , that about sixty people were kill'd , the rest put to flight ; their ministers being much of dr. burnet's make , gave this out as a design , and in all their representations made it a massacre ; and for this occasional fray , the most furious out-rages must be justifyed , monasteries pull'd down , altars and images defac'd , and the whole land fill'd and polluted with blood ; and it may be also observ'd here , that this too is made by meteran a design'd slaughter ; and that the duke came purposely to disperse and destroy them ; but this author confessing in his preface his prejudice against this most catholick cause ; it had been more consistent with our authors sincerity in these matters not to have medled with him . and now both parties labour to keep or get the king into their power ; the prince of conde took orleance , and the catholicks the king , and the protestants in their new conquest , spoil all the churches in the town , but upon none more furious than that of st. cross , as if the badge of their profession were the scandal of christianity ; then this religious violence must be justifyed with a manifesto , criminating the catholick lords for detaining the king and queen , when both of them declared they did them no violence , but assisted them with their service and duty ; tho' the forementioned author in the same place represents the queen in the name of the young king , writing letters to conde , that they were under restraint and confinement , and that he should come in and relieve them , when it is known too , that she exhorted them to come in and return to their obedience ; and so far complying they were , that the duke of guise offer'd himself to a voluntary exile , if they would but return , as the queen desired , to their obedience ; and for that they had their pardon offer'd and favour too ; but for all this , the reformers go on , seise most of the chief towns , sack the churches for silver for their mint ; and thus defac'd , made them fit for their stables and magazines ; insisting upon insolent demands , they were declar'd traytors if they did not desist by such a day : the queen that had no such abhorrence of them before , now detested them , and began to think how she might break and dissolve them ; for this she prevails with the constable , and duke of guise , to go and retire from the court ; they so did , and conde having promised the queen to return to his obedience if ever they did so , was now as much confounded at their unexpected retreat , advis'd with his casuists , the calvanist doctors what to do in the case , who honestly told him , that he having made himself head of their vnion and league , no obligation could bind him to any promise ; that promises were not to kept that did hinder the preaching of the truth ; the queen not bringing over the king to him as she promis'd ; he was bound to keep none of his promises to her , and so could not be said to violate his faith : these i think are promises too , not very well kept , or as ill expounded ; the dr. might spare us for it some of his animadversions on the reserves of the society , and the keeping no faith with hereticks , for they found out the best expedient of aequivocation , that the duke might seem to keep his promise , they ordered him to meet the queen , and surrender himself ; but withal , that the admiral by ambuscade should be ready , and surprise him , and so bring him back to the camp. they resolv'd it too , that for the reformation sake , no regard was to be had to their country , and so invited in our english aid of queen elizabeth , who had nearly made her self master of normandy . about this time the duke of guise was treacherously murder'd by poltrot , one of the reformers that had insinuated himself into his service and family ; and after another edict granted in their favour , they tumult again to come up to the pacification of ianuary , and so fall again to their seising of towns , and overturning of churches ; the zealous queen of navar encouraging them so far , that at pamiers , on a corpus christi day , upon a solemn procession , they put themselves in arms , fell upon the unarm'd catholicks , made a great slaughter among the church-men ; these escaping with impunity , encourag'd the like bloodshed in several other places ; this may be call'd a little , tho' not such a famous massacre ; and this day of corpus christi almost as dreadful as st. bartholomew ; which from the abhorrence i have of both , i can hardly think that providence could permit such severe retaliation : and to match the dr's observations on the deposing power ; about that time , a book came out , and was publish'd by them , maintaining it lawful to kill the king if he turn'd an idolater , and was follow'd by the most antimonarchical pieces , such as i am sure the society never penn'd , or ever saw : and some catholick writers assert from the confession of prisoners that were rack'd , that they once had a design to kill the king and queen , and place the crown on the head of conde ; which from the partiality of the authors , and the extortion of the evidence ; and our charity to the hugonots , wee 'll hope to be false , and rather disbelieve : after all these revolutions of revolt and pacification , they join at last with the rochellers to maintain the war , when other towns had submitted to peace ; after all this obstinacy , can their kings be condemn'd for not keeping their edicts , which themselves would never observe and obey : all forreign forces were invited in , to the hazard of the whole kingdom ; and even our queen elizabeth a second time prevail'd upon to succour them after they had betray'd her in the first ; yet such was her zeal or interest of state , that she could never deny assistance to any of her * neighbours , when in arms against their prince ; but this to france prov'd very unlucky , for besides her charges , and being beaten out of normandy by those she had befriended ; they sent her back the plague for the service she did them in the civil war , i will not say a just reward , since it fell upon a people , for whose prosperity i had rather pray ; but it must be remarkable , though we may not call it a iudgment , for she had a league with the king of france at the same time , and which she had sworn too not long before ; when she lent money , men , and arms , to his subjects to fight against him , but it was not to be call'd a breach of it , because it must be suppos'd that the forces of the reform'd were only rais'd to fight for his service , and the true religion , though against his person , crown and dignity ; this distinction i think must have in it some favour too of the mental reserve , and be an instance of another promise that was not very well kept . in short , with this assistance they held out a long war , which ended at last in the death of the prince of conde , at the battle of iarnar , and let the world judge whither the condemning the admiral , and confiscating his estate for rebellion was just ; after this , there continu'd a dissembled reconciliation on both sides , such an one as the most open hostility had been less dangerous , which afterward that dismal * day of death and marriage did discover , some zealous on the catholick side will tell us this tragedy was acted only to preserve them selves , that a plot of the hugonots was found out , for which purpose edicts and proclamations were publish'd , and meddals stampt for the deliverance ; which whether only to palliate so many murders , or that those who had all along been so restless , had further machinations , must be left as a secret to the searcher of hearts : most certain it is , it was more cruel and universal than that by the protestants at pamiers ; the greatest dangers could never justify so black a deed , and fate seem'd to revenge the effusion of so much blood in that of the kings , who poured out his own , and his soul together , in some two years after : from this abstracted narrative will appear to all impartial people , what was the original , what occasion'd the continuance , and what promoted the end of all this bloody war ; it is hard that catholicks should be condemned alone for it , and their princes upbraided for those transactions , which some * protestants have look'd upon as the very scandal of the reformation : and from hence will appear too his sincerity , as i observ'd before , how disingenuously the dr. would fasten upon my meaning , his own malice and mistake , as if i had taken the holy league of the papists , for that which these protestants enter'd into so long before : if he 'll quarrel with me for the word , we will not call it a league , but an † vnion of the protestants under the prince of conde , begun about twenty year before the * league of the papist under the duke of guise : 't is plain , that i referr'd to this , and the dr. in his chronology as is much out now , as mr. varillas . prepossession and prejudice , whether the result of education , interest , or religion , are all the same inconsistencies with the faithfulness of an historian , and which in these relations i have wholly abstracted ; and taken these short extracts from the comparing the different complexions of catholick and protestant writers ; for the light of truth is so much a spark too , that it is best strook from the most solid and disagreeing bodies , and is the sooner discovered from such a collision ; and such is my charity too , that whatever were the faults of the first reformers in france , which themselves must own were too many , it can by no means justify the furious proceedings against them at present , either with prudence or safety from the maxims of the state , or any great credit to the doctrines of this gallican church ; for as it cannot be suppos'd but that any government establish'd will endeavour to * suppress all growing opinions in their original productions , especially , should the novelty , or but suppos'd innovation threaten , not only the religion of the state , but even the subversion of the constitution of the government it self , as we see it did in this kingdom , and in the low-countries , as hereafter will appear was actually compleated ; so a general indulgence is as naturally requisite , where such different sentiments have prevail'd , and for a series of time been settl'd and confirm'd , especially , where the professors of such a different faith have comported themselves so long with all deference to the civil magistrate , and even to the support of the crown ; and it is far from reason and justice , a vengeance peculiar and assum'd only by the almighty judge , to visit to the third and fourth generation : imputation of guilt was never transferr'd but in original sin ; and those unfortunate calamities , that by the reformation were occasion'd , can no more warrant that king's persecutions , than they could excuse our charity to those that he persecutes . sect . viii . we will examin now the last instance of his famous list , which he concludes with a remark , taken from the revolt of the low-countries ; which , if the terms of their own historians may be allow'd us , we must still call so ; and what with our adversaries own authority , we shall ex confesso conclude , that * those severities were the more excusable , because these reformations were look'd on ( as indeed they were ) a revolt then made from establish'd laws ; the doctor 's allegiance may be so far transferr'd , as in true fidelity , to falsify for them matter of fact ; and in an history of his own assure us they were never subjects to spain ; but it is more than meteran , or grotivs have done yet . * the kindness that i have for that kind country of the dr's , i confess is no more than what i have ever had to most republicks , and common-wealths , that is , to think the constitution of their state to be the result of some revolt and defection from their ancient prince , and their lawful lord ; and that , though we could not trace in history their beginnings , and date the epoche of their usurped government and authority ; an imperfection , from which perhaps , that compleat , and celebrated , and most antient aristocracy of venice , will hardly be defended , though it retains still the shadow of that more imperial sway , from which their aborigines might be said to revolt , or by expulsion from their country fall into : but the defence of this so criminal expression , we shall refer to it's proper place : the dr. at present is in his own province , and affords us what is still his kindness to crown'd heads , a better subject to defend , and that is king philip the second , from the calumnies of an injurious character that would defame him ; for the foundation of which reproach , or the unreasonableness of it , there can be no more fair and candid procedure , then to refer you , as in the former essays to to the rest before , to some short representation of matter of fact. it is known then , and beyond dispute , that the belgick provinces in former times were first united under the dominions of the dukes of burgundy , and from them by lineal or lawful descent devolv'd to the kings of spain : after they came into their power , they were all priviledg'd so far , that there was no great need to fear they should fall under oppression ; and the miserable condition , as the dr. makes it , of absolute slaves , so long as by their obedience they only continu'd good subjects : to tell us of their priviledges under the goths , vandals , and gauls , their barbarous and confus'd constitution , even * before their counts , so long before the emperor lewis the second had regulated and civiliz'd them with such a title ; and that this philip the second forfeited his right , for not maintaining them ; is no more than if his majesty were now to forgo his three kingdoms , for not observing the rites and rules of our old druids , and the obsolete customs of our antiquated britains : the notion is so extravagantly wild , that with sober men it will pass only for the fancy of some of their first governours and legislators , who had no other name but that of forresters . yet this notion was entertain'd so far , and mixt with several other pernicious principles , truly democratical ; that it serv'd to dress up that * oration which was afterward made in their famous senate by themselves assembled for the renouncing their allegiance , and deposing of the king of spain ; which whether an act of iustice , or popular outrage , from the subsequent discourses will appear . under the dukes of burgundy we do not find them tumultuous , tho' perhaps , * discontented , when under any great or more frequent contributions : charles the fifth was too fortunate , and powerful to fear them ; and no forreign forces were then the grievance , though most of all by him maintain'd ; he knew his absolute power , as well as philip that follow'd after : in matters of religion , and reformation , though he was a little more moderate , it must be remembred the reformers were then also more few , yet finding some disturbance , he publish'd an edict against innovation there , about the time that luther's was condemn'd in germany , he finding according to his old aphorism , and opinion , * that those who had no reverence for the church , would think they ow'd as little obedience to himself , their king ; this put him indeed upon some execution of the laws , as grotius observes , but with such ill success , that many times , when some of note were brought to suffer , such multitudes would meet , as with open sedition to hinder and oppose it ; but the progress of such seditious insurrections by his presence , and residing with them was soon interrupted ; but when philip the second succeeded his father , and the fugitives from forreign parts began to fill those of flanders , the reform'd began to be very powerful there , and could never be thought good neighbours ( if ever there were any insurrections ) to the church-government that there was then establish'd , and to which they had expres'd so great an aversion : philip the second foresaw this , and fearful of what follow'd , was forc'd to leave those forreign souldiers ( as he told them ) for their defence , but indeed for his own ; but for all this suppos'd strength , they finding he had left too the government in the hands of a woman , they soon discovered an apparent weakness , and one of their nobility , then the greatest subject , and without any detraction from his mighty deeds , as greatly discontented too , whom out of reverence to his royal dust , and respect to his noble line , we will leave without a name , thinking himself as * injuriously disappointed of the government of those provinces , which upon the king 's returning into spain , he had promis'd to himself , and indeed from his merit and desert might very well expect , was animated so far as to think upon an expedient for the heightening of his power to make himself head of the protestant party , which upon the absence of their king , began to multiply apace : for this purpose he consults with the counts of egmont , and horn , about redressing some grievances that were necessary for them to be eas'd of , and that was first the three thousand spanish souldiers , though so far from being any thing dangerous to the people , that they themselves had the command of them : they petition for their removal , the king grants graciously their request , but withal thought fit to detain them there , until the new number of bishops that he had instituted , were settled for fear of any further insurrection ; but they influence the people so , that no contribution could be got to pay them ; and the dutchess of parma now empowr'd by the king , transports them all away for spain : this one would think should have been sufficient to pacifie them , but no sooner was this grievance redrest , but discontent like an hydra from her amputation , rises with another head ; granvel then the greatest minister of state , was then as great a grievance too , and from his single person , they now apprehended more danger , than from the whole disbanded army : a person from whose worthiness and abilities to govern , even * protestant authors and his enemies dare not detract ; his removal is obtained too ; but the want of him , the governess soon found when it was too late ; for presently after his dismission , the tumults began at tourney , valenciens , &c. rescuing of prisoners ; threatning of magistrates , and at last clamoring against their new bishops ; tho' persons all eminent in learning , and of as excellent lives ; alarm'd with these many tumults , that like tumbling waves , toss'd , or tumultuated too upon one another ; the king of spain ( as even an historian of our reformation too , if we may compare his sincerity with dr. b , does honestly observe ) did then first send to his sister , the governess , to see his father's edicts severely executed , and to command a strict observance of the canons of the council of trent . encourag'd even under these severe injunctions which were more formidably menac'd and commanded , than truly executed , the lords declaring against it at the council table , and the governess , with a great deal of difficulty got them past ; which when done , the opposite party so incens'd the people , as to make it almost dangerous to put them in execution ; and the executive power was soon oppos'd , when they had intelligence given them , that the prince elector had promis'd them assistance if ever it should come to be decided by the sword ; and that they then , soon made it come too : for presently , they dispers'd no less than five thousand seditious † libels against the government and the governess ; and open sedition , when once it appears bare fac'd , has no other helmet of salvation , but by putting on compleat armor , and that you shall see they soon did ; for immediately , amidst these tumultuous proceedings , nine of the lords , without any law or authority , no officers in the concerns of the state , assemble themselves at breda : marnixius , one of the best abilities among them , makes them subscribe a covenant of his own composing ; and so associate themselves with a solemn oath , not to desert one another , send it about the several provinces for subscriptions , and some time after make an essay of their fidelity to one another , by entering brussels arm'd with swords and pistols , and count de brederode at the head of them , a body of two hundred , which now might well be call'd confederates ; grotius himself , as concern'd as he is for his country , cannot but call it a conspiracy , tho' he would excuse them from the guilt ; diminishes their number , and makes them come unarm'd to the court , and no further design than the suppressing the inquisition : the severity of which when laid aside , could never appease them ; for by his own confession , they made their fears greater , than indeed they were ; pretended the danger of civil dissentions , and partly created them themselves , make their marriages , feasts , and assemblies , but so many meetings of conspiracy to carry on the plot ; and when a commotion was rais'd among the common people , came out to animate it , by shewing themselves unable to suppress it . other authors that will speak more liberally , represent these design'd conventions as the deepest debauches , to draw in the most dissolute rabble , which was accomplisht too with a great deal of tumult and acclamation ; and so far were they seduced by them , that all the declarations of the governess could never resettle them in their obedience ; and so far were the reform'd inspir'd with these proceedings , that at st. omer's they † force all the doors of churches and religious houses , demolisht altars , defac'd shrines , pull down images , and pursue with the same zeal all that was sacred ; so also at ipres , and several other places , expelling the bishops , and as if all learning were superstition and idolatry too , sacrific'd their books , and best of libraries , in the same flame ; neither sparing things inanimate , nor the unviolable dust , and sepulchres of the dead : the mischief , sacrilege , and murders that were committed at antwerp , were such , that they seem'd to make a massacre almost of all that was sacred ; assaulted the procession and image of the b. virgin upon her very day of assumption ; fall upon them in the church , drive out the catholicks , secure the doors , fall to that abominable work of rooting out abominations ; pull down all the crucifixions of our saviour , all the saints from their pedestals , deface all the pictures , and even painted glass : and that this zeal against idolatry , might be sublimated into the highest atheism , and lewdest impiety ; the consecrated host was taken out of the pixes , and trampl'd upon with their feet ; the wine in the sacred chalices , most solemnly drunk off in debauch ; and their holy oyl in derision applied to the greasing of their shooes ; certainly this was a sort of zeal that would have past better in iapan , and with such christians as can shew more reverence to an heathen idol at pegu ; but this brutal rage was not confin'd to the limits of the town , it so spread through the country , that in ten days time , no fewer than four hundred consecrated places , were destroy'd or defac'd ; a zeal so truly incens'd , that it seem'd to delight in flames , especially such as could consume any sacred pile ; it seem'd to defie any heaven ; and dare all the terrors of hell , and everlasting burnings . and was it criminal now , and the violation of faith , or breach of promise in the prince or governor , to think of subduing such subjects by force of arms ; but no sooner had they intelligence of such a design ; but they manag'd it so as to be before hand with their king , and to let the world know they could carry their disobedience further , ( since rebellion is look't upon as a term too injurious for the confederates ; ) they contriv'd how to transfer their allegiance to some neighbouring princes for protection ; in order to that , they first erect a supream consistory at antwerp ; and some inferior judicatories in other places , and so chuse their own magistrates , and at last alarm'd with the news of their king 's coming to give them a visit , they were up in arms before the governess had got together any horse or foot for to suppress them besides the train-bands , they seized upon several towns , turn their canon against the king and his commission ; and all this before the duke of alva was arriv'd , whose cruel disposition could not be the cause of those outrages and rebellions , that were committed , and commenc'd before his coming : mr. sidney's papers were never seconded , or out-done in this point , till these of the doctor 's appeared ; so unjustly do some people impute the disturbances in which those states were involv'd to the tyranny of that cruel man , that all things were in a flame before ever he came to his government , 't is true , the king found that the mildness of the dutchess of parma could not prevail to reduce them to obedience , and so thought it high time to send a more severe minister ; for diseases that are desperate , commonly require remedies as dangerous too ; tho' i must say as grotius observes , that had been the season for philip himself to have come to suppress them ; for such necessitated severities are sooner born with , and have better success when they come from the prince himself , than from any common subject , tho' the greatest minister of state , especially when from one that has contracted a popular odium : the duke comes with a powerful army of good old experienc'd souldiers , to restore his soveraign to that his country , which as he had left , so that had almost entirely deserted him ; the duke seizes two of the chief of the faction , egmont , and horn ; they were try'd , condemn'd , and executed publickly at brussels , judicially proscribes the prince of o — : seises upon his eldest son , sends him prisoner into spain , confiscates his estate , and all this proceeding of absolute power , i conceive , among civilians , will be still call'd law ; a iudicial process against disobedient subjects , for (a) conspiracy , (b) sedition , (c) sacrilege , and (d) high-treason . these were the laws by which he was to govern ; these laws of nations were then too those of all the land ; by which , most parts of it at this very time are govern'd ; and how many of those were violated by that multitude of tumultuous people , and whether every one of them was not in the highest manner broken , i hope , from the foregoing relations , will appear ; not one of these crimes but was ever reputed by the imperial law , capital , and no wonder then so many lost their heads ; so general was the defection , that an incens'd king might well declare , the provinces had forfeited their liberty , and almost every man his life : whatever were the obligations of the prince , they themselves had violated all the former pacifications , and indeed , without any regard to the mildness of the dutchess of parma : she had got the souldiers remov'd , cardinal granvell to be sent away , and conniv'd at their tumultuous assemblies , and religious meetings : 't is true , these pacifications and condescentions did somewhat appease them , but no longer till they had an opportunity , and encouragement to demand greater freedoms , or licentiousness ; and that offer'd it self when lewis count of nassaw was return'd from heydelberg , with assurance that the elector palatin would lend them assistance ; for then you see , as in the foresaid relation , they fell to libelling of the government , the lords associate themselves at breda : brederode comes in that bold manner to the court ; the governess ( as she could not well avoid in such a seditious juncture ) gave them good hopes that the emperors edicts should be moderated , and the inquisition taken away , but it was fit the king should be first acquainted with it ; but for this , it seems they would not stay , but run out into all those extravagant mischiefs we have repeated before ; so when egmont was somewhat before this sent into spain , to sift the king's inclinations , and to mollifie him : from grotius himself , i cannot discover , that the dutchess had therein granted them any publick edict of pacification , nor indeed from any other author : it appears from all , that she conniv'd at their boldness till better times could come to suppress it ; all that the king told the count from his annals , does appear to be only this , * that there might be some hopes of the moderating the severity of such edicts ; but it seem'd to depend too upon the submissive comportment of the people , for whom he exprest a great deal of affection ; but when he receiv'd an account of the several tumults before recited , and especially the seditious carriage of the senate of bruges , who had imprison'd some of his officers , only for executing of his iustice ; it was then that he thought them to deserve no mercy , and so sent to his sister to let her know all what he had promis'd count egmont ; and that she should see the edicts of the emperor , and those of trent put in execution . the dr. says , king philip the d. did ratifie to count egmont , the dutchess of parma's edict of pacification , if his friend meteran were not mistaken , and all other authors ; the count's negotiation in spain , was two years before the pacification at brussels was penn'd or heard of ; for he was sent away immediately after granvel's removal , in the year / , and the dutchess's edict bears date d. august ; neither is there any mention of his confirming made , nor could well be , for she sent out to all the provinces her pacificatory letters by the th . of the same month ; but the dr. depended upon the license of a traveller , and thought no one would offer to go so far as to disprove him : and the business of bayonne , that presently ensu'd , and all that famous conference between the two crowns of france and spain , for extirpating the protestants , has no other foundation , than the story of the king of france's confessing it to the prince of o — : as a secret when he was a hunting ; where if we consider what a weakness it must argue in the king , and the prejudice that might dispose the prince to such a representation , it being his interest to make spain as odious as he could , we may have some reason to suspend our belief ; grotius and those that have it from * him , have themselves no other foundation for it , but the princes own authority and confession ; it was otherwise receiv'd by the world ; ( philip himself not appearing at it ) only for an enterview , for a kind correspondence between the mother of france and her children , and perhaps nothing but the duke of alva's being present at the conference , has given occasion to the countenancing the report of such cruel intentions , where if a subject of so great concern to the two crowns had been to be debated ; it is somewhat probable , the queen-mother would have brought with her one of the greatest ministers of state , and brought the duke of guise to have matcht that of alva , for her son charles the ninth was too young to be such a counsellor , tho' if they really had ( what is yet left so uncertain ) consulted how to preserve themselves against a growing and formidable party , that infested both their kingdoms , and * mutually assisted one another , as conde did the mutineers in flanders : it comes to no more than this , that those two monarchies like meer natural bodies , did conspire for their own preservation ; for princes in prudence are oblig'd to preserve a religion that has been long establish'd in their dominions ; tho' the same policy did at first oblige them to oppose its establishment : and i 'le engage dr. b. to be of the same mind , when he says , if persecution can be at any time excus'd , it is in the first beginning of heresies , the heats that were rais'd in the first formation of the breach , may take away from the guilt of the sacrifices that were made ; but always when princes meet , especially with some jealous people , such an interview , though but a complement , is improv'd to an intreague of state , and their business can be thought no less than answerable to the great characters that they bear : i wonder dr. b. ( it being so much to his purpose , and he so good an historian ) had not stumbled in upon this piece of importance , to prove the perfidiousness of king philip , who procur'd this cruel conference immediately after egmont's civil entertainment ; and besides , it being a business somewhat like the discovery he has made of the negotiation at dover , he might have had an opportunity to have vouch'd it for his own original ; but after all his smart animadversions on this king's commission , and his bandy'd observations through all his papers upon those two poor words , absolute power ; i hope the dr. will allow us , that it is ill apply'd to the power of spain ; for where any imperial law obtains , the princes were ever reputed as absolute , and by the very constitution of those decrees , are absolutely made so ; for those tell us , that the * prince is ever esteem'd both the maker and interpeter of all laws ; that which is his sole pleasure hath the force and sanction of a law , and that it is equivalent to sacriledge it self to resist it ; and to this absoluteness , perhaps , the house of austria has the best of pretensions , since in that is preserv'd the more immediate right and succession to those imperial constitutions , and all the poor remains of the roman empire : but why this bloody commission should be parallell'd with his majesty's most merciful declarations to scotland , i cannot comprehend , unless the dr. by tranferring his allegiance , has translated his senses too , and so learnedly confounds a liberty of conscience with the spanish inquisition ; but malice , as it will alway make the worst of applications , so it seldom considers that inconsistency that commonly attends them ; but since the dr. has vouchsafed us to quote one author for his justification , among the many reflexions that he makes , and that is meteran , it must be known too , that from him alone can never be expected a most impartial relation of those transactions , and that from his own confession in the very preface ; for he professes himself to be too true to his country , and too much an enemy to the tyranny of spain ; that he only writes and rehearses to us most of the acts of the reformers and defenders of his country : and that , because he had the greatest opportunity to consult and converse with them , but still would not be thought to conceal any thing that made for his adversaries , ( though i think the injury to the truth will be still the same , whether the author abuses it out of design , or for want of understanding ; such a writer was a proper instrument in the hand of such a reflecter ; and the hatred of the one to the tyranny of spain , may come in competition with the others malice to this absolute power of scotland : the dr. would not have pardon'd us , should we have paum'd upon him the same piece of partiality , and taken out our accounts only from famianus strada , for whom i am sure he must have no great kindness , being a member of the society ; but yet in the relation that * meteran gives us of count egmont's reception ; he does not tell us of any edict , or pacification confirm'd , but only as * grotius tells us , that the king gave him some hopes of indulgence , which doubtless was to depend upon their good behaviour ; and for the business of bayone , represents it ( you see ) only as the vain suspicion of the reformers , which for want of foundation did as soon vanish : 't is no wonder then he refers us to meteran , to judge of the proceedings of the duke of alva , which though severe in themselves , were but acts of iustice still , though that when strein'd , is the highest injury ; the distance of time will not permit us to examin the critical minutes of the state , but after so much insurrection , the severest executions , if we respect the political part of government , may pass for necessitated acts , though perhaps sometimes too , they may have as ill success ; but 't is no wonder to see men that are seditious themselves , to animadvert on the justice of a nation , after a rebellion suppres'd : meteran calls such an administration among them , the council of blood ; and the dr's authority among us has made it the * bloody campagne . but because in common equity we are bound to carry the case a little further , let us see whither , after all their tumults and insurrections that provok'd an injur'd , and incens'd king , to send them such an odious and severe minister of state ; they did not proceed to far greater enormities , against that subjection they ow'd to their lawful soveraign ; then himself could be said to transgress in any irregularities of his government : whatever were the concessions of the dutchess of parma , ( for i do find she was indeed so far necessitated , as to be brought to article with them ; ) they were only terms , or good words extorted from her by the terror of their tumults ; for brederode came so well interested or attended , that she could not but give him good language , and a civil reception ; tho' he had made her but an ill complement , and as bold an address ; also at an other time , when she had assembled her great council , they gave out a report , that if the governess did not consent to their demands , she should immediately see all the churches in brussels fir'd , the priests murder'd , and her self imprison'd ; so that her indulging them for the present , was thought the best expedient : these disorders were such , for which you may consult even meteran himself at antwerp ; delph , and the hague , that the dutchess even then fear'd the general defection that follow'd , ( and as he calls it ) rebellion of all the country , from a factious and seditious crew , that the governess her self was afraid of her life , was going to leave brussels , but being prevail'd upon by some of the lords , who promis'd to stand by her ; she stay'd , tho' she was told that night , that there was a plot to have killed two of her trusty nobles , and make her a prisoner ; so that when she writ to the lords about an edict of pacification , she declares it the result of violence , † and inevitable necessity ; but no one will infer from thence , besides the dr , that this edict for pacification was to continue , and be a perpetual indemnity to all ages for any disorders they should hereafter commit ; for she was so provok'd with these indignities repeated , that she had resolv'd to suppress them by force of arms , before that alva was arriv'd , had several , and good successes against them at lisle , tourney , and valenciens , insomuch , that this progress of her affairs , and the news of alva's march , or arrival , confounded them all , and put the confederates into as much consternation . in short , alva's * severities were as severely return'd by three or four several invasions , by the forces of the confederates , the depredations of their neighbours , and the united assistance of some of the princes of germany ; whatever were their pretended hardships before , it was no more than what their own disobedience and sedition had deserv'd ; and supposing they had suffer'd injuriously , that is , by some excess of iustice ; it could no more warrant their incursions into their own country of flanders ; than the rebellions of monmouth and argile could be justify'd by their being obnoxious to the king of great brittain before ; but interest , and opportunity , are too strong temptations , to come in competition with loyalty and allegiance ; ludowick invades friesland , luma seises upon the brill , the prince with his germans and other auxiliaries , designing upon brabant , was by the duke of alva diverted , and forc'd to retire ; but flushing following the fate of the brill , these sea-port towns drew after them the defection of some of the most considerable towns in holland : this success animated the p. of o. to enter his country once again ; and tho' his army was less , his success was more ; he possess'd himself of some of the principal towns of brabant ; and because the dr. delights so much in the dismal representations of popish cruelties , so enrag'd were these reformers , that under the conquest of luma , none suffer'd worse than the poor priests , they did not only make them die , but in tortures too , & as if their lives could not appease their deadly fury , nor their languishing deaths defeat their malice , it was extended even to their carkasses too ; and their mangled limbs hung up as bloody trophies of their most triumphant cruelty ; and that it may be beyond contradiction , that the severities of alva , were not the sole cause of their defection , after his removal , the heat of their fury still continued , as well as before his coming , the flames of it were broken forth ; the many misfortunes , and defeats of their german forces did not cool it ; they reform'd so fast , till they fell out amongst themselves , tyr'd at last , with their own confusions , they fell into the pacification of gaunt ; that is , they associated to make peace among themselves , without any regard , or consideration of their king , which they seem'd to salve afterward with an explanation , and so by the name of perpetual edict , was confirm'd by don iohn ; but all this did not quiet them , or that governors easiness & popular affectation ; they frame an oath to renounce all obedience to him too , from thence proceed to the union of vtrecht , tho' the very contradiction to that of gaunt , and then second it with the deposition of their king , declaring he had forfeited his estate & interest in the several provinces ; & so out-did the drs commission of their liberties and lives : this is a relation that does not lie for a cause or religion , for god , or man , but shews how far the enraged catholicks were concern'd in the rebellion , upon which , the reforming protestants proceeded to a revolt , & entire defection . i shall not insist on our authors malitious application of the duke of alva's commission ; to the terms of absolute power express'd in our king's declaration ; 't is such a profess'd talent of dr. b's , to make the most odious comparison of the king's proceedings , that people will not be surpriz'd to see him make the dukes reign cruel and bloody , only to represent his own prince a more absolute tyrant . the limitation of the spanish monarchy is as much the mark of our authors popular affectation , as the reflection on our absolute power , and indeed he cannot but in common gratitude be for courting a common-wealth ; but this express proviso in their constitution , that if the prince broke such limits , they might resist him , was rather a principle of democracy that was then zealously contended for the limiting all monarchies , as well as that of spain , publish'd in those † pernicious pieces , in those very times , for that very purpose , in france , in scotland , in flanders , by those very people that made all those commotions , though it proceeds upon the most unjustest principle , of making the same persons judge and party ; against the rules of common equity , common law , and that of all nations , as in a particular treatise i 've shewn : but i hope it does appear from this impartial relation , that the perfidiousness he would have fixt upon the promises of the king of spain , had it been prov'd , would in a great measure have been excus'd by the provocations of his most disobedient , and rebellious subjects : i cannot help it , if history , the most impartial authors , and even their own represent it so , without respect to any religion whatsoever : thuanus tells us , that it was partly upon that very account that arch-duke matthias deserted them , as well as for the indignities he had receiv'd from those he had without any return of gratitude so eminently serv'd ; for when he came to examine their cause , upon which they had put so good a colour as to procure some compassionate assistance , he soon saw how much their injur'd soveraign was abus'd , and that he could not * honestly defend their defection , and revolt from their lawful lord ; | grotius himself lets us know that they proceeded to the deposition of their prince upon these old principles of the supream authority , being alwaies radically in the people , that the king was accountable to them , that as he was above any single subject , and individual , so he was inferiour to them all in the state collective , and that they could judge and punish him too ; this was all agreeable to that democracy they then design'd to raise , and the doctrines of those * pernicious pens that were at that time employ'd ( as the dr. is now , for the libelling of all monarchy , and advancing the glorious cause of a republick and a common-wealth . the modern † preface to that excellent author , glories in the dedication of the book upon that bold attempt of their ancestors , that could venture upon an insurrection against the power of spain that had been formidable even to kings and princes , and even his most admir'd and authentick * meteran is forc d to confess them to have been extraordinary seditious in their tumults and insurrections , and gives us a full relation of all those reasons and aphorisms , purely democratical , by which they pretended to justify the deposing of their king , which are contain'd at length in that * instrument of defection , dated from the hague , the metropolis of the constituted state. i hope the dr. does not now think this is in order to the courting of the common-wealth-party ; but if it be taken ill , i do not make my court better ; they must be angry with their own authors , or their ancestors ; fall out with the truth , or fall foul upon themselves ; he is too much a man of integrity to desire , though it be for a national concern , that history should be corrupted ; and the vast reputation , as he tells us , his own has got , i hope was never acquir'd by any falsehood or forgery : i could have heartily wish'd he had never brought us these unhappy presidents to prove the perfidiousness of catholick princes , and the lewd principles of their religion , since it must so unluckily lay open the scandalous progress of the reformation abroad , which our protestant authors , and dignify'd church-men have been themselves blush'd at , and asham'd ; and he may seem to deserve as severe an execration for forcing me to revive so much of the faults of the reformers , the protestant church , and his mothers shame , as that undutiful son that discovered too much of his fathers nakedness ; 't is to be lamented , to see what dissolute , debauch'd , and atheistical opinions the licentiousness of reforming produc'd in those low-countries we last treated of , that of george of delph , and nicholas of leyden ; grotius bewails , as produc'd by this liberty of the first reformers ; and this family of love that set up there first , were of opinion , that it was lawful to deny upon oath , any thing , before a person that was not of the same family and society ; this is such a mental reserve , as the dr. among the iesuites can't easily discover : 't is to be deplor'd , as well as admir'd , and animadverted on ; the miseries , the confusions , and the rebellions that the reformation brought with it in all places abroad , where ever it was carried on ; and as great an enemy as they make the pope and society , to all monarchs and soveraigns ; the most antimonarchical works you see , that ever were publish'd , did in that very juncture of time appear ; neither could it in common policy be avoided ; for the changes in church-government , and religious worship , being for the most part made in opposition to the supream authority of the state ; the villifying of that was unavoidable , and the deposing power the most politick position that could be maintain'd . those innovations that could not be made with their king's consent , were best carried on by that pretty expedient of tranferring allegiance ; and when this philip the second would not allow his subjects all the liberties they ask'd ; they had no other recourse , but to tell him , he had forfeited his right . sect . ix . the dr. tells us he could carry this view of history much farther , but i think it is carried already a little too far for his credit ; for the faith of roman catholicks i am afraid in those times will abide a better test , than the protestants loyalty , which is easier to be deplor'd and lamented than disprov'd and deny'd : this author found himself press'd in the former treatise with matter of fact , where the protestants in germany , find at present both faith and protection under catholick princes ; but that his malice must impute to their want of power to do mischief , and the circumstances of affairs ; this circumstances of affairs , i do not see but may serve our turns here too , and hinder their power of doing mischief , since we have the kings word there shall be none done , and the protestant party so strong a circumstance to prevent it . his propositions , and expedients of pension , and indemnity for the papists are pretty projects ; and worthy of such an vndertaker ; but they would thank him more , would he undertake too , that when such laws shall continue in force , they may not hereafter be put in execution with a non obstante even to a statute of impunity , and they be told beside with an insulting sarcasm , you are rightly serv'd ; their pensions will do them or their posterity but little good ; when once they get them again within the praemunire of the tests ; and if the legislators chance to have no more charity for them , than such reflecters , they may be hang'd by those that are so afraid of burning , ruin'd with interpretation , and most constructively destroy'd , by those that will be too willing to void any law that shall be made for their preservation , ( and the dr. himself does menace as much in the very next page ) an act of oblivion , will be made truly so , by being it self forgot ; so that the sum of this hardiness of proposals , comes to this handsome , and easie definition ; they are always to continue the condemn'd prisoners to the state , to live upon the basket , and the favour of a reprieve . the contest for religion , i confess , is too great ; but i can see none that contend so much to prevail , but such who are so contentious as to depress all different perswasions , for fear of vsurpation ; if the test is the sole security against the catholick religion ; the doctrine of the church will much suffer in having only such a secular support from the state , when even that can hardly defend it self for establishing such an unreasonable law , enacted meerly by the contrivance of such that then sate at the helm , whose conduct was condemn'd by all , whose proceedings by themselves represented as seditious , and that zeal that animated such unjust undertakings , found to have no other foundation , but upon falshood and perjuries ; so that if the question were impartially put , it would come to this , whither these tests ought sooner be repeal'd , than the rest of the penal laws ; they being more eminently fram'd from meer malice and mistake ; this prevailing religion , which he would now bring to this very period of time , has been too long a prevailing to have so short an epoche for its commencement and date , and for almost this hundred and fifty year was never prevalent , and whatever is the prospect and face of the state , while the church still continues in that station she would be ( as she has the best of securities from so gracious a king ) and a toleration establisht as well as the church , this protestant religion will not be so soon prevail'd upon , but must needs be maintain'd in the mighty numbers of the free professors of it . the disservice he would insinuate we have done in putting the iustices in mind of their oaths , one would think i had superseded the thoughts of , in the same treatise , where i had appeal'd to himself to make an essay in the point of the dispensing power , where his malice might be manifested in the prosecution , and his revenge frustrated by the royal authority's suspending of all the penalty ; and this a resolution of those twelve men in scarlet , the deepness of whose crimes he would so maliciously represent by the badge of their office ; if he will perswade the iustices of the peace to prosecute dissenters , notwithstanding his majesties gracious indulgence , i am afraid he 'll do them no acceptable piece of service , and give them more perplexity , than the trouble of repealing can create , which doubtless , must take off all scruple about their execution ; the members of the coll. he 's pleas'd to caress with their adhering to their oaths , were perhaps , more true to their zeal , and an obstinate disobedience ; a protestant prince might have never met with that refractoriness , and a catholick founder , i fancy , did never more directly design his statutes against the prerogative of a catholick king ; but to shew that a stubborn obstinacy was a great ingredient in this conscience plea ; nothing is more plain , than from this late revolution in the death of the president ; where if there had been but a submissive applicacation made to an offended majesty , and an humble petition to be restor'd to favour , if i may be forgiven the boldness of imagination , as well as the dr. would be pardon'd the hardiness of propositions ; i fancy many might have met with as much of the king's mercy , as now they suffer under the effects of his iustice , and might have hinder'd a society from returning to its primitive institution ; where some that possess it now , may upon another score , be too ready to observe , that in the beginning it was not so . the dr. tells us we are to be govern'd by law , and not by the excesses of government ; but if he can tell me from any reign since the conquest of the normans , that there were not greater excesses of government complain'd of , and greater us'd , ( as in a particular treatise i have prov'd : ) i 'll grant him the dispensing power to be the greatest grievance ; discontents , and jealousies , under any revolution of state , do only shift sides , and are never wanting in a government where the people can but make a party ; had those presidents of excesses , which i cited from our former reigns , but made for the doctors purpose , that had been law , which is now excess , and a dispensation for the great out-rages that were committed upon the church in edw. th's reign , before any parliament had authoriz'd it , it seems was truly law ; which as it was a power to save men from being hang'd for sacrilege ; so many will tell us too it was a sort of destroying the government . the r. cath. i am confident , will be glad to hear , that the severities , by which they have so unreasonably suffer'd , and that so long , have been only the result of the protestants fears , and not so much their deserved punishments for any perpetrated crimes : when the elector palatine had mov'd the king of france , that he would tolerate all the hugonots , to preach in paris , he return'd him the like motion , that all the catholicks might be allow'd to say publick mass in his capital city ; if we must exclude them from all employment , because of the dangerous consequence under a catholick king ; must not they think themselves as much beset with dangers , when they shall have none but their enemies in office under a protestant successor ? and if they then should move to be the only persons employ'd ; would it not be as strange a request as what is made now , that none but protestants must be so ? neither will this establishment , and constitution of the state , make any great disparity in the parallel , unless it be to the disadvantage of those that would make the difference ; for if protestants will plead their penal laws , their tests , their prescription of an hundred and fifty years possession and enjoyment ; in bar to their pretensions , it will put papists upon the retrospect ; how they came to be thus excluded , and discover that they had for above five hundred years before , all the laws of church and state on their side , and none others heard of , or admitted into office and employment ; and therefore , when the doctor tells us , that in holland the government is wholly in the hands of protestants ; papists will be apt to return , they know how it comes to be so ; that both holland and zealand , sided with those of flanders at first in the pacification of gaunt , to leave the governing part both of church and state in the hands of the catholicks , but that when they came to reform farther , and grew more powerful , nothing less would serve the turn than the vnion of utrecht , by which they were to be left to govern themselves as they pleas'd , and when their famous city of amsterdam that now priviledges all subjects as well as all religions , to its immortal honor made the stoutest resistance for the sake of their old laws and religion * ( and its neighbour harlem never resisted their king so stoutly , as this fought for him ) for it was besieg'd by sea and land , and at last yielded only upon these honourable terms : that their former faith should continue establisht , their magistrates confirm'd , yet were forc't to admit against their capitulation , a garrison , against their articles of war , new articles of faith , and for their old magistrates of the peace to be govern'd by the standing officers of the army ; so it is not fit it should be known how the government came to be wholly there in the hands of protestants , for fear it should reflect too much upon promises too , that were not well kept , and that the same should become the seat and refuge for all sort of sectaries , that was once such a celebrated city for being at vnity with it self . i need not take much pains to show why my presidents from the reign of edward d. might be recommended to the practise of this ; since he gives no reason why they should not , unless his authority be such in history , as some dogmatists are said to have had in the schools ; a dixit , and indisputable ; if i mistake not our british annals , cannot boast of a more glorious and auspicious reign ; both for our foreign expeditions , and victorious returns , two neighbouring kings a sort of prisoners to our own ; two kingdoms but little better than our tributarys ; the misfortunes of scotland , the fate of france will furnish us with too much matter to make those times for ever fam'd , and his present majesties most heroick mind , and military disposition may tell us too , that they can be imitated ; i cant discover why the latter end of this king's life may not be recommended as much for imitation ; the recovering of the kingdom of castile , for its lawful lord , and another expedition into france , were both such actions of the renowned prince his son , by which the nation cannot suffer much in the consummation of his reign : but if any thing may make the latter end not to be imitated ; it may by some people be thought to be the disturbances in the discipline of the church , which was like to have made as great a commotion in the affairs of the state , for it was in this latter end , that wicklift divulg'd his new doctrines , drew in a great many proselites among the common people ; and made a party among some of the greatest nobility too ; which terminated in this unhappy issue , to shew us too soon the dangers and disturbances that always must attend any innovation in religion : for the suppressing of this , gregory the xi . wrote the arch-bishop , and bishop of london ; who cite wickliff to appear at pauls , whither he comes well attended with the duke of lancaster , and piercy lord marshal ; where they were no sooner come , but the spiritual lords fell out with the temporal , the temporal with the spiritual ; all about wickliff's sitting down before his ordinary , which the reforming lords in contempt to the bishops contended for , and the proselited duke was so zealous as to tell the prelate he would pull down the pride of him , and all the bishops in england , pull him out of the church by the hair of the head ; i think fit to recite this , for fear the dr. should find fault with me , as well as varillas , for not telling him the occasion the bishops found to leave the court , and i think 't was time for them to be gone . if the doctor remembers , this seems somewhat of those sparks that afterward sate both bohemia , and hungary in a flame ; to one of which places , if ( i mistake not ) this very person here cited , did in his banishment repair , and to its missfortunes perhaps contribute , and as i think upon occasions like this , might be said to be begun that long war of germany ; and i do most professedly avow , that upon serious reflection upon those miseries that attended the reformation , which the doctor has given me too much , and too sad occasion to consider and consult ; i look upon this juncture of the latter end of this reign , very near that unfortunate crisis of falling into all the desolation and calamities that afterward befel those miserable countries , bohemia , hungary , germany , france , and flanders , but tho' fate for a while suspended our misfortunes , or the military king that reign'd then , supprest those more early divisions ; yet alas , the diversities of religion did too soon lay us waste , and not long since made us as sad a spectacle to our neighbours , as they had been to us in the same civil wars : a body would have thought dr. b. might have sooner found fault with the beginnings of this king's reign , than his latter end ; for i must confess it began in the deposition of his father , or at best , but a necessitated resignation ; he being a prince as ambitious of a crown , as well as one that truly deserv'd to wear it ; but this is a president that cannot but please him , the transferring allegiance is such a singular piece of politicks , in the opinion of this statesman , and helps so mightily to the constituting of some states , that he may be very desirous it should be much imitated . but to come to another instance of his excesses , in which he does so exceedingly delight himself , and that is , those of richard the d's reign . i confess , 't is another president of allegiance transferr'd , but that with good subjects does not presently prove excesses ; neither warrant their disloyalty if they were prov'd ; if the proceedings of his reign must not be mention'd because of its tragical conclusion , we shall be at a great loss for any argument that may be drawn from the more lamented misfortunes of king charles the first ; i suppose the doctor will say too , it was excesses produc'd that tragedy , ( and some people will say the excesses of conformity ; ) but yet , i hope there might be good laws made in his reign , and what was there call'd excesses , has been since found , but so much invasion of the prerogative ; and perhaps , an impartial account of this king richard's reign will make that appear so too ; i had obviated this objection before upon the very place , in observing that the tumultuous proceeding of the rebellious barons , ( for i hope , by his leave , we may be so bold at home ) and the ambition of the designing duke of glocester , could no more criminate that king's reign , than excuse them from being rebels . but since he will not be contented , let us examine what some authors as honest as himself say of these excesses , when the parliament , or rather the party of the duke of lancaster was assembled at his deposition , excesses indeed were alledg'd , and so will ever be by those that prevail ; but even among those there , some that thought them far from being so ; the loyal and learned bishop of carlisle , made such a bold speech in his defence , that his very deposers were silenc'd , and nothing but each mans private prospect of some publick favour , hinder'd their conviction ; the new king himself was very cool in the prosecution of the grave old prelate , and could hardly be said to be warm in his acquir'd government ; but for all this , they thought fit to confine the loyal bishop for the liberty that he took , his crime being only a bold indiscretion , for shewing them so soon the badness of their cause : this king as exceeding criminal , as the doctor would make him , had so strong a party , tho' depos'd , that they thought fit to deprive him of his life too , and to send him to his eternal crown , for fear he should take up again his temporal ; these are no good arguments of his excesses , or ill administration : hollinshead that has somewhat of renown for an historian , tho' he does not in his work exalt his own reputation with our authors ; he tells us , this poor prince was most unthankfully us'd by his subjects , in no king's days were the commons in greater wealth , or the nobility more cherisht , and as these tragical conclusions were not imputed to excesses by most of his subjects at home , so it was as ill resented by princes abroad ; the king of france was so provokt with these injurious proceedings , that he acquainted his lords with his resolution of revenge , and they shewed themselves as ready to take it too , but were too soon prevented by their taking away his life , and then it was as much too lateto serve him after his death . i am afraid the doctor will be found to be exceedingly out here in his excesses ; but as excess must serve his turn in one reign , so it seems defect must do it in another . henry the th's feeble reign must support his arguments against what he calls excesses of government in richard the d. i am glad to see he has no stronger ones , and 't is but a tacit giving up the cause , to have recourse to such subterfuges : h. the th . i hope , as weak as he was , was to govern according to law , and for that , the more concern'd so to govern ; so that the force of the prerogative in such a feeble reign , is but an argument a fortiori . the excesses in h. the . time indeed were such , ( since he 's resolv'd to call them so ) and came somewhat near that absolute power , with which he so much affrightens and alarms us in his libels ; but i hope he will allow and think the protestant religion very much oblig'd to his excesses , since they made the fairest step to the reformation , and were as well followed in the reign that came after ; some writers will say , that those parliaments that confirm'd his excesses , were so far from free ones , that they were hardly allow'd the liberty of debate , much less to stand up for the antient establishment of the church : it was criminal then to deny the court , even in an house of commons , and tho' king charles the first coming to the house , only for members accus'd of high-treason , was made such a crime , as the breach of priviledge : it was look'd upon here as a point of prerogative , to come & command their votes , or else certainly , such an assembly suppos'd of the wisest , as well as the greatest men in the nation , could never have been prevail'd on , for passing such absurdities and contradictions into law , for the making lawful heirs illegitimate , and then to legitimate again , the self same unlawful heirs , to make one daughter spurious , and then another ; and at last , to make them both to be legal issue with the single charm of , be it enacted . it is said of that assembly , that it can do every thing but make a man a woman ; but here i think they went pretty near that too , and made women what they pleas'd : in the first ann's case , incontinency was made the cause to divorce her ; in the second , the defect of natural inclination , and only upon sending down some lords to the lower house ; what marriage he pleas'd was declar'd unlawful : it was not the roman consistory that was lords of the articles then , or else they had hardly parted so soon with the supremacy , though * that invidious reflection on that honourable constitution in scotland , must come a little unkindly from protestants , since if we believe the bishop , to those lords they are much oblig'd for the helping on the reformation ; in short , since the dr. lays such a mighty weight upon his getting all warranted , or confirm'd by parliament , it is but a weak support for the confirmation of his cause , for it will give some people the more occasion to observe , that such was once our king's authority over parliaments , that they could obtain from the civil sanctions of the state , to sacrifice the sacred authority of the church , wives and children , women , and men , to his lust and anger : his parliamentary warrant will do him but little service in such excesses , since his present majesty's proposals , i think are much more reasonable , which he desires only so to be warranted ; and if these excesses are so ordinary in great revolutions , some persons may think this unexpected indulgence , and toleration , as great a turn . the dr. very wisely passes by without any consideration , all the proceedings of edw. the sixths reign , in which some may think that some excesses were committed too , and that even in the very two points that his majesty has solemnly declar'd to defend us in , property , and religion : in the very first year of that reign , which the dr. cannot be unacquainted with , it being so of the reformation too : did the protector only by his proclamation order all enclosures to be laid open , which for some time had been enjoy'd by the lords and gentry , and was partly possess'd by them , by vertue of those abby-lands they had from the crown : the duke knew this would gratify the common people , and being desirous to be popular , he issues out this commission of absolute power ; ( for all the lords and gentry look'd upon it as an invasion of property , especially when they were in such a tumultuous manner thrown down ) : were abby lands to be thus invaded now by a proclamation , we might well complain of excess . in the same year were injunctions sent forth , only the order of the council board , over all the kingdom , for altering all the old ceremonies , and way of worship in the church of rome ; several for opposing these commissions and injunctions , as something like excesses , were punish'd , or sent to prison : the bishop of london was clap'd up in the fleet , only for scrupling an obedience , and that , though he made most solemn submission , which is more , some people will say , than what has been done by some successor since , upon a milder test of obedience , and a process , less severe : gardiner was committed to the tower , only for wishing these proceedings might be delay'd till the king was more capable of the government ; durham , rochester , and chichester for the same disobedience were so serv'd ; all of them dispossess'd of their bishopricks , and what was worse , the bishopricks , & sees themselves dispossess'd , & reform'd from their revenues : these excesses could not but create great disorders in the state , when they saw that what was call'd the king's proceedings , was allow'd to be law for the regulating of the church ; the several rebellions of the west and north , that follow'd meerly upon these excesses of reformation , had too tragical conclusions to relate , and so the dr. took care lest they should be mentioned ; the suppression of which , did not end without a western and a northern campaign , and a great deal of blood and severity : sir will. kingston's pleasant cruelty in the west , his landlords , & the millers tragedy , do declare : & northumberland in the north , is so well known , that i 'le engage , the doctor confesses it a thing which help'd to facilitate q. mary to the throne . in short , it appears plain from the history , that the protector saw that reformotion could not be carryed on without arms , that therefore he made the war in scotland , a pretence to take them up , and for this , he brought in germans , and walloons , though the coming over of our own irish now is made a terror and astonishment ; the elections of the bishops was then given to the king , for the ends of reformation , of which 't is now too late to repent . in the next president we are reflected on again , because q. elizabeth's power in ecclesiastical matters was founded on an act of parliament , which the dr. says was in a great measure repeal'd in king charles the first 's time , and that repeal again in charles the second's ratify'd ; this authors argument of a parliamentary power was little to his advantage in his reign of hen. . not at all for his purpose in the first of edward the sixth ; for there those great alterations in church and state were made before the parliament was call'd , meerly by injunctions , orders of the protector , or the council table , and that absolute power authorised by the specious name of the king's proceedings : this was the original of that arbitrary law ; and queen mary might well write after such a copy ; but the dr. does most designedly misapply to our presidents in queen elizabeth's time this parliamentary power , as well as he designedly , and wisely omits it in k. edw. reign , because he knew he could not apply it ; for if he 'll but examin one of the cases i put him in the queens reign , about her dispensing with the latin service to be read in collegiate chappels , and the vniversities , contrary to an express proviso of an act of parliament , for the sake of reformation ; and the applauded opinion of moor , that the queens power of non obstante was good , even against the non obstante of an act of parliament , to that her power ; he 'll find that some of her affairs and proceedings were so far from being founded on acts of parliaments , that she acted without them , and upon resolutions that were given to illude and invalidate their power : so that in short , the dr. would apply the case of the court of commission , founded by the first of her reign , to justify the legality of all that she did , even to those things that she confesses , she dispens'd withal contrary to law : were we to play like children at cross-purposes , the greatest non-sence , and most insipid answers would serve , & pass , for the more ingenious diversion ; i told the dr. what she dispens'd with , contrary to the very parliaments act. it is answered of something she did that was rounded upon an act of parliament ; but now , because we 'll keep to the purpose , we 'll examin this her power in ecclesiasticals , founded on the first of her reign , and see how far it makes for our authors apology : he says this was in a great measure repeal'd in the year . the dr's excellencies lying more in chronology , than the statute-book . it is a known act of th . charles the first , that does in some measure , as he says , ( and i am glad he keeps to any ) repeal it ; i will not insist on the occasion of such a repeal , and the juncture of affairs that forc'd it , though i must confess the reasons of laws , can never be recollected , but by reflection on the state of those times , in which they were made ; and that makes a sound historian somewhat of the necessary part of a good lawyer ; and from history 't is most deplorably known , that this repeal was procur'd in the year that this rebellion commenc'd by a parliament , the defence of which has been made proemunire and high-treason ; by that which enforced the triennial parl. into a perpetual one , and which was afterward with so much abhorrence , and such an ignominious character repeal'd : but all that appears of this repeal , of the st . of elizabeth , from the opinion of the lawyers , and the examining the act , is the power of the commissioners fining and imprisoning , which was look'd upon as oppressive ; and therefore my lord cook in his argument upon that case ( who for a time was no great prerogative lawyer , or would not be so ) says , that this act was only a restoring to the king , his antient ecclesiastical iurisdiction , which the commissioners extended so far , as injuriously to fine offenders upon it beyond their power ; this usurped power some people are of opinion , is only by that act repeal'd , though i do not doubt but that parliament would have willingly comprehended in it , all the inherent , antient , ecclesiastical iurisdiction , that ever appertain'd to the king and crown , and even by special act here , under catholick princes has been declar'd so ; so that indeed , as the dr. says , it is but in a measure repeal'd ; and by express words in the repeal , of abuses of the power only prevented ; so that it could not take away , or deprive the royal authority from that unquestionable prerogative of commissionating any number of persons in ecclesiastical matters that do not exercise such an extensive iurisdiction : and therefore to reflect upon the present court that is of another nature , and a new creation , as put down and repeal'd with that of queen elizabeths , is no more an argument , than that queen elizabeths commission was reviv'd , when but so lately king charles the second delegated his ecclesiastical iurisdiction , and disposal of preserments to some persons , that are most now living , though perhaps , some of them the readiest to dislike their present proceedings : it is plain , that the king's power in ecclesiastical matters was never meant should be infring'd from that repeal by this ratification of it in the late king's time , whatever the first factious legislators in it might intend ; for as you see this late king did in a sort make use of it , so in this very ratification , as the dr. calls it , is provided , that as it shall not extend to the iurisdiction of archbishops , bishops , so neither to vicar-generals , or persons exercising ecclesiastical jurisdiction by the king's commission : if the dr. will cavil , only because the word court of commission is not expres'd , his cause will hardly be the better for such a peevish exception , since the constitution of a vicar-general would be as little kindness to the church , as it was in the excesses of its first establishment under henry the eighth , which we see his majesty , as excessive as the dr. would make him , has not hitherto reviv'd ; but should a parliament restore the very court of queen elizabeth , it would be reckon'd among such men , as illegal , and only the king's excesses in the government . i here shall help him to another set of excesses , since such prince's proceedings must be call'd so , when they do not quadrate with our authors subject and design , which at another time must pass for good law , when they make but the least for his purpose ; some people perhaps are of opinion , that the two tests were past after a sort of excess in the government ; the world now knows one of them was made , when the parliament was exceedingly impos'd upon with falsehoods and perjuries ; and as exceedingly transported with a zeal that look'd too , so much like fury ; so that if a man consider their origination , and the circumstances of affairs , when these laws were made , instead of keeping them upon the file after the rest are repeal'd , there will appear more reason , even from the doctor 's excesses , for repealing them the first . the conquest of the kingdom gave a great latitude to the st . william in point of government , which his arms having acquir'd , he found himself the less limited by the laws , though he profess'd to rule by it ; and few of his successors since , that by their own acts have oblig'd themselves , but afford us instances in greater excesses of government than any we can now complain of . he is said to have invaded the jurisdictions of the prelates , and seiz'd their treasures , not sparing his own dear brother odo . william the second tax'd his subjects at pleasure , by the power of his prerogative , was as severe upon the clergy ; and westminster-hall , since the seat of iustice , was look'd upon by the people , as built on purpose to countenance his unjust taxations . the ne exeat regnum was repin'd at as a grievance , and in that reign might be said to commence . the making mutilation , and corporal punishment , pecuniary in hen. the first 's reign ; the confiscations , and bishop of salisbury's case , in king stephen's , were made matter of excesses , in such * authors too . henry the second resum'd by his own act , lands , that had been sold , or given from the crown , by his predecessors ; and against this excess i think his present majesty has given us good assurance in his last declaration , since the dr. labours so much upon the absolute power of the former . of richard the first it is reported , that he feign'd his signet lost , and so put out a proclamation , that those who would enjoy the grants by the former old one , must come and have it confirm'd by the new ; he pawn'd some of his lands for the ierusalem journey , and upon his return would have resum'd them without pay. the exactions of king iohn , and his exercising such a severe authority over the church , fining severely for suppos'd crimes , i suppose our author thinks should be least mentioned , because it produc'd the barons wars ; but no one will say they were the better subjects , whatever were the king's excesses . henry the third , some say , was so like his father , that he succeeded him ( if they must be call'd so ) in his excesses too , in resuming alien'd lands , in fines , in making advantage of the vacancies of the church . the proceedings of edward the first against his clergy , putting them out of his protection , seising upon their goods ; and edward the second's confiscations after the defeat of the earl of lancaster , this author will call excesses too ; though i cannot see why they may not all have the more moderate names of the king's proceedings , as well as when all things were so warranted in the reign of edw. th . as we had begun with these observations on our king 's antiently exercising of an vnlimited power , ( which in other treatises i have shewn , and which our author ( if he will ) shall call absolute ) from the reign of edward d. so here the dr. may observe these presidents deduc'd down to that time too ; and so cannot but see that such excesses are inseparable from the government , and perhaps a prerogative that soveraignty cannot well , or will not be without ; and if subjects must be allow'd to censure and reflect on their princes proceedings , it is morally impossible that they can provide against all their clamours and complaints : the necessities of state will many times force them to some excesses : and diversities of opions and parties , and now the too much to be lamented divisions in religion , will ever make those proceedings seem just to one side , that are look'd upon as injurious by the other . our author will oblige the roman catholicks very much , if he will justify for law , all the proceedings of queen eliz. ; and i 'le engage he shall have the thanks of the society , as heartily as he had that of the house ; for in the first year , before any act of parliament had past for alterations , images were defac'd , and altars demolish'd ; by her proclamations she put down all publick preachers , but such as were licens'd by her authority ; the business of the reformation , and altering of religion ( if we believe baker ) was carryed in parliament but by six voices , and will give catholicks occasion to say , that notwithstanding the present clamours about regulating elections , great artifices were us'd then too , to bring it about , and but by six votes , at last the weighty cause of religion was over-ballanc'd : 't is certain , that excesses were then complain'd of too , and it was murmurred about , even in the lower house it self , that the parliament was pack'd , that the duke of norfolk , earl of arundel , and sir william cecil , for their own ends had sollicited votes , and made a party : these irregularities may serve to silence some peoples unreasonable and indiscreet clamors at present , since they can be so soon retorted , and which i urge only , to shew the consequence of such ill-manag'd objections , and not to justify and defend them . sect . x. and now that i may be grateful in my acknowledgments , as i shall ever be for any favours : i must confess this author has assisted me with one president more , and the dr. would do well to be so fair in some of his writings , as to own his authorities : it is the case in the late king's time , where he repeals an act about the size of carts , and waggons : to answer this , our author appeals to the lawyers , and the gentlemen of the long robe , though he will not stand by the judgment of the * twelve men in scarlet , that to their knowledge , some laws are understood to be abrogated without a special repeal , when some visible inconvenience enforces it : when this comes to be impartially considered , it will be a granting of all that he contends against , and the tests and poenal laws will expire of their own accord ; by this authors inconsiderate resolution : it is one of the very arguments of a late catholick lawyer upon the dispensing power , and so as the dr. wisely appeals to them ; they as civilly answer him , that he is in the right : the dr. did not foresee the dangerous consequence amongst lawyers of his visible inconvenience ; for the law has such an aversion to this inconvenience , that it maintains as a maxim , that a mischief is better suffered than an inconvenience ; now putting the case thus , that a legislative power may possibly pass into law , what may prove a visible inconvenience to the whole kingdom , or a great part of it ; that a great part of the kingdom , and the king himself do judge the test and poenal laws very inconvenient , that they have been really found so to the subject , that the king has in this case too declared himself satisfy'd of this inconvenience , and the people address'd against it , as intolerable , then from his own president and concession it must be concluded , that either these laws must expire of themselves , that there must be some soveraign power , such as the king 's to dispense with them , and that it is very fit for a parliament to repeal them ; for certainly it must conclude a fortiori , that the inconvenience that is found in forcing of a conscience , is of a greater consideration than an inconvenience in a cart wheel ; neither does that abrogating of his without a special repeal , make any difference ; for their expiring by disusance , is indeed the self same thing as the royal disspensation , for in laws once made , the soveraign authority is solely entrusted with their execution , and where the king does not command the iudges to execute , or expresly forbid it , no man of sense but will say that this is a perfect dispensation . our author is very unlucky in touching upon some instances that do him some disservice , and in this more especially , since i cannot but observe , that when these poenal laws about carriages , and encouragement of navigation were so erroneously made ; and people solicitous about the repealing them , one of the designs of the greatest ministers of state that they then had in holland , was for embroyling us at home , upon the same account , that they might appear the more formidable abroad , as well as we weaken'd by those severities that occasion'd our divisions , which visible inconvenience was then too in the same manner , upon the same maxims dispenss'd with , and prevented , only 't is somewhat strange , that this darling liberty of theirs , by which they were so gloriously founded , and for so long time have so finely flourish'd , should seem so dangerous in our country , and from the goodness of the soyl , could only prosper in theirs ; but where trade seems a sort of religion , 't is time to be jealous of such neighbours that would also learn this ecclesiastical policy to make of their godliness , a gain too . our author says it is our saying , that the king 's dispensing power has put an end to the dispute , whereas if he 'll but read books before he answers them , he 'll find that we vouch'd his own authority for so saying ; and if he consults his six papers , he 'll find himself to say so , and that this dispensing of the king 's , is an actual repeal , so that the iustices oaths are unconcern'd indeed , as he states the case , and their sins of omission entirely remitted them by this divines authority ; but i must confess , notwithstanding his forc'd application of it , which was only offer'd to fasten the greater odium upon the king 's absolute power ; i must really think those more understanding gentlemen in commission would have a less obligation from their oaths , should they conspire to get a parliamentary repeal notwithstanding the dr's representing it as a royal one. that the dispensing power has no refeence nor analogy to the power of pardoning , is but a single dr's opinion ; for the saving of men , and the destroying of government , are in this point ( whatever he fancy 's ) truly the same ; for destroying of the government does not consist in any particular persons thinking such a thing will destroy it : want of executing this dispensing power ( some will say ) has help'd to destroy it once already , and it continues a good government still , after three years practising it ; but pray , would not the continual saving of men for felony and murder , embolden them so far with their impunity , as to destroy the government , and make it more monstrous than any part of africa : private crimes are alway punish'd for the publick good , and for that reason , felony is made so capital , which otherwise for the loss of a little goods , could never forfeit a life : and lastly , for his mighty menaces , with his † dispensing power , for the future , the dissenters , i suppose , and the iesuits , that he so sacrifices to his fury , will thank him for his warning , consider what they are to expect from men of his mildness , and moderation , and how he abuses those * heroick spirits , which but just before were above all cruelty and revenge . my kindness to his states generals ( as i have confess'd to him before ) is no more than what i have in general ; for all such states , whose constitution is what is commonly call'd a republick , or a common-wealth ; and if i have any more particular aversion to that of holland ( since he will needs put it upon me ) i must own it to be only for this reason , that there is so little reparation made , his majesty for those indignities that himself , with the greatest insolence has offer'd ; a connivance at such affronts against majesty was alwayes accounted among princes and allyes , as injurious a violation , as an open defyance and justification ; and i hope his masters will not excuse themselves , because they are of no royal extraction : it is the sense of civilians , ( and by their imperial law , and its construction , all treatises and alliances are regulated and maintain'd ) that a body politick in general does espouse those offences and provocations , which in any particular person , it does not † prohibit and suppress ; and that * injuries that are offer'd by private subjects , do then affect the prince and people . and with all submission to these learned authors , and of undoubted authorities : dr. b's case can be carry'd farther , and so with less reason to be justify'd ; some of these lawyers ( as we have shewn ) are of opinion , as well as our common ones , that no allegiance is transferable ; and none will allow that it can be transfer'd any more , than for a time , and that tho' there be an allegiance due for such a temporal protection , that will not divest of him that duty he still owes to his native country , and his liege lord , which case we shall prosecute farther , when we come to his second parcel of reflections , made in his own justification ; but this will greatly aggravate the injury that his majesty suffers in the permitting one that has an unalienable relation to his native subjection , to disturb the publick government , and defame the very person of his soveraign , only because he has acquir'd the new denomination of an enfranchised citizen , and a subject naturaliz'd ; and if the natives of any nation are obnoxious to the publick for reflexions upon their peaceful allyes , how accountable are those that suffer an alien so grosly to reflect upon the proceedings of his prince , and the transactions of that country , in which he was born . the veneration i ever had of that awful constitution of divine government , that is visible in a state of monarchy , does indeed make me have less esteem for a republick ; and though i am not posses'd with such a patriarchical piece of speculation , as to prove the pedigree of every king to be by discent , in a right line , to rule by a right , divine ; for that would be indeed to un-king a great many princes , and set up what they would perswade the most christian did design , an universal monarch ; yet still without such absurdity we may maintain it for sense , that a single soveraignty seems to be of divine institution , and democracy the result of some revolt and defection from it ; that this has been my sense , the world has long since seen in some animadversions upon mr. sidney's papers , and so this author is most injurious to me , as well as inconsistent with himself , when he would insinuate my courting of a common-wealth . as i 've given some little reason of this my kindness to republicks , and his case has given me much to have the less for that of holland ; so i must let them know too , that the respect and regard any good subject ought to have to all that are in alliance with his soveraign , has hinder'd me from saying many things that would have more severely reflected , and which after all this provocation of this authors pen , might have past for a just retribution . i am not so ignorant my self , as not to know that lincenses and imprimaturs are not so frequently in use among the dutch , and that the licentiousness of the press , is as popular and plausible there , as that most applauded policy of liberty of conscience ; the most christian king is as sensible of this , as his maiesty of great britain : the writings of some of his protected subjects , affect his honour as much ; as our authors have endeavoured to blast his majesty's reputation ; and 't is well known to those that travel , if they 'll find any libels upon any crown'd heads , they must look for it in holland ; and our author ( i think ) has help'd the curious enquirer there , to a great deal of this lewd speculation . the considerations of the state of the united netherlands , that was printed there before the last war ; no man will say but that was an act of the state , and that had no more publick an imprimatur , than dr. b's papers , so that such writings as are permitted to be publish'd there , without any animadversion on the printer , or the more celebrated author , is as much an allowance of the state , as any licence from one of our secretaries , or the lord president himself , especially , when reparation for such injuries has been demanded in a publick memorial , and manifesto , and instead of punishing such offences , the offenders are encourag'd to farther and severer reflections , and that perhaps , with a promise of impunity . since this author will make his quarrel a national one , ( which i should think a wise people would not suffer to gratify but a single mans malice ; ) it is but just that we shew too , what party were the first aggressors , and how easy 't is for our english to make their iustification : i must profess , that while our author is permitted there so scandalously to reflect upon his majesty's proceeding , common justice will oblige us to return the same animadversions , while no memorial of theirs can with any modesty represent it as injurious : in the mean time , i shall confine my self to these more particular vindications of the king and kingdom , where the calumnies of his most malitious papers have sufficiently affected both ; and let him know that i as little fear the resentments of his states , as he seems to do the juster indignation of the king of england . to put us in mind of the circumstances of our state , before the beginning of the dutch war , and to parallel it with the present time , is another unlucky topick of our authors ; and a wise man would think , might have been better let alone ; it will make us recollect that indefatigable industry of one of their * greatest ministers against the slackning of these laws , that our divisions amongst our selves might the sooner sacrifice us a prey to our neighbours , and the more secure some of them from his majesty's asserting of his just rights . i hope our author has no commission for the denouncing war , nor any design upon the chain at chattam , that he talks of invading a state , and threatens us with their resentment and preparations ; if time must shew that , 't is time too to look to our selves , but i dare not detract so much from the wisdom of their lordships , his new masters , as not to think they will not call him to an account now , for abusing themselves , though with greater decency they might suffer it against his soveraign ; this is intermedling with peace and war ; nay , even a denouncing it before the states generals , i am confident have taken it into consideration , we do not hear yet , they have agreed to any extraordinary contributions for it ; there has been no pole yet , nor the hundredth penny , nor any imposition upon travellers , but as formidable as our author would make them , whose interest it is to magnify his protectors ; this historian must remember too that the valour of his repudiated english , has heretofore as victoriously engag'd them , and that when assisted with two crowns in conjunction , and in that juncture too , when we had more merciless enemies at home , when the almighty made himself indeed a consuming fire ; and the destroyer walk'd before it in darkness , and a devouring plague : two entire victories were return'd us from the sea , to triumph over the misfortunes that the land lay under , and in the third attack as unequal as we were in strength , was by the weakness of both sides , left undecided ; an action , in which 't was glory enough , only to have been the aggressors : the courage of the dr's deserted nation was then confess'd by some of their great ministers that would have so fomented our divisions , and found too much the effect of the slackning of these laws ; one would think that the iealousy of such neighbours should weigh with men of sense , that it is a sincere design to establish and continue with us both liberty and religion , since it appears so much a visible interest , & almost an unavoidable necessity : if a † visible inconvenience will warrant a repeal , why will not an interest as visible , secure us after it ; & 't is strange , that a protestant people can make no difference between an invisible establishment of the catholick religion , and a visible necessity that the papist have to preserve themselves from a * threatned ruin. it is such a peculiar confidence , that it becomes none but our author , or is no where but in him to be found , to tax us so unreasonably for reflecting on a state , to which we have nothing of relation , and that only in matters of tradition and truth ; at the same time that he vilifies a crown'd head , to which he owes an obedience , and that with forgery and falslehood : the defence of king and country ( i think ) is every subjects concern by nature ; if it were not commanded also by municipal law ; and that leads me to justify our selves , both in the tripple alliance , and the business of the smyrna fleet , both which he upbraids us with as naturally , as if he had been a native of holland , and no need of being naturaliz'd , though i cannot but think that those that revile their allyes for old breaches , betray too much their willingness to make new : that allyance that was between them , vs , and the king of sweden , had in it this conditional clause , that the confederates were to assist one another , if for the sake of their entering into such a league , they were at any time by any other party invaded ; the king of france declares a war soon after against the dutch , it did not appear from his declaration , that their entering into this allyance was the reason he declar'd it , and that it was therefore his revengeful war , which are words express'd in the articles ; for then he had the same revenge to take against the rest of the allyes , against whom he denounc'd no war at all , and it is a rule in such leagues as well as a maxim among the † civil lawyers , that an obligation that is conditionally specify'd , must not extend as if it had no condition , and were unlimited ; and for this reason did the dutch * insist so much upon that point , that the war which threatned them from france , was only upon the account of that allyance , which as it did not appear , either from any discovery that could be made , or the declaration that was publish'd , so it could not oblige england , unless she would have been so forward to have engag'd in the war upon presumption , and that the swedes were of the same opinion , appear'd from their neutrality and indifference : this is that famous violation , for which we must be so much reflected on ; this is what the dutch were pleas'd to call a breach , and which if it were in the least to be look'd upon as such , they were only oblig'd for it to their fam'd friend that fled to them too for protection , who was naturaliz'd also , after the deepest conspiracy detected against our king , and who was celebrated for the only author of that uncharitable aphorism , delenda est carthago . sect . xi . in the next place , for his heroical attempt ( as he calls it ) on the smyrna fleet ; it seems his memoirs must not omit any thing that will afford ( as he thinks ) matter to deface the memory of a prince , to whom the church of england had the greatest obligation ; the life of the late lord rochester was not so severely examin'd , as this king's actions are by this most faithful historian : 't is a compendious way to libel with a reflection , and abuses may be easily fasten'd , when the authors credit must pass muster for an accusation . one would have thought the dutch might have been contented with their own advocates , and that the considerer of their state , had in these matters made as much of apology for them , as the case could bear ; but it is with an ill grace indeed , and somewhat unnatural , to see a sort of human vipers , work their wits and their way thorough the bowels of their own mother country ; englands appeal , and marvel's popery , were the first and only reflections that libell'd these actions , till our author came in with another supplement , but those being all such discontented creatures , creatures depending on the little lord , that then lost the greatest place in the law , the credit of such authors , is as much to be believ'd , as the conspiracy of the court ? but this attempt upon the fleet ; when it comes to be examin'd , has so much colour for the justice of that encounter , * that there was first broke several articles of peace , before that ever we could be said to begin the war ; those very ships refus'd us in our own channel , the right of the flagg , by which it was lawful for ours to seize , or destroy them ; and the captains that then commanded , had it for express commission to stand upon that antient regality ; and besides , it is known that the dutch had defended van ghent in the like obstinate denyal before ; so that now it could not be excus'd as a private persons inconsiderate default , since whole fleets were resolv'd to maintain it , and their masters had given them incouragement so to do ; this was ( i think ) an heroical breach too upon one of the articles of breda ; and all leagues and vnions ( if i am not out in my reason and law ) are such acts , as are aggregate in themselves , though the constituent clauses that compose them , have a great deal of individual variety and texture , to the twisting them together , of which , if but one twigg is taken out , it presently loosens the whole band : we had been upon a long accommodation , and all fruitless , embassyes and applications could not prevail ; so that even declaring of a war , had it been actually design'd , was never requir'd by the laws of it in such a case as previous ; and i 'le engage i 'le get their own country-man , * grotius himself to tell us so , that the denouncing of it , is many times conditional ; and then a violation of articles on one side , is a sufficient indiction , without any necessity of declaring it on both : we had demanded the right of the flagg , and it was deny'd us : this was by the antients , call'd a * clarigation , and superseded ever rhat pure and absolute denuntiation , which himself confesses needless too , when satisfaction is demanded from those that are resolv'd to offend ; and servius his exposition on the leges foeciales appears to be the same . but since he desires † instances too , the romans in the third punick war , without denouncing it , surpriz'd the carthaginians for some of their violations , so cyrus did the armenians ; david for indignities , the ammonites , and for more modern examples , the great war of sweden was carryed into germany , before it was heard of on the continent , that an army was landed on the isle of rugen , because contrary to articles , the emperour had oppos'd him in his war with the king of poland . the reviving of old differences was far from my design , but since the dr. will not have such actions to be forgotten , it is a duty i owe to the pious memory of our deceased prince , to the reputation and honour of the present , to that native country that he so injuriously reproaches , to defend them from those calumnies , that such a deserter has cast upon them . the revolt and defection of some states , for which he so furiously pursues me , i am afraid from the foregoing relations of the fact that he has forc'd me to , will appear in spight of history to disguise it , when even their own authors do not pretend to excuse them from it ; but this dr. thought he must do somewhat extraordinary for his new masters to merit such a generous protection ; and yet in this very passage that he so pursues , we only put it in the case & words of a common-wealth in * general , without specifying the particular country , to which we would apply it ; which for decency's sake , and deference to that allyance , and authority , we did designedly forbear ; but since our author is so unquiet , i am afraid it was from the result of the application being so easy , which himself ( perhaps ) made the sooner , when he saw that somewhere it must needs touch ; but as subjects are oblig'd to a real friendship to all that are ally'd to their lord and soveraign ; so the necessity of such obligation is somewhat superseded , where such authors are suffer'd to defame and defy him . what other authors have observ'd , as we are neither oblig'd in justice to answer or defend ; so does it argue a defect of matter , fit for a reflection in our own treatise , when he forces in anothers , to fill up the measure of his animadversion ; but this ( i hope ) will appear too , from the history of the states ; that if there were roman catholicks concern'd in the first formation of their government ; it was only so far , as that they fought with them once for what was call'd their antient priviledges , which as soon as they were confirm'd to them , they were satisfy'd , and return'd peaceably to their former obedience . in the pacification at gaunt , tho' there was was omitted that reservation of the deference that was due to the king's authority ; yet it was afterward by explication annex'd , and for that don iohn of austria , then the governour , confirm'd it , under the names and title of the perpetual edict , and that with the king's consent and approbration ; who after so many troubles and revolutions , was glad to see his subjects tender their obedience , and by that their own act , thought it sufficiently secur'd : but it seems there were those that design'd further ; some of the eminent among the calvinist's , refus'd to subscribe that article of obedience to the king's authority , which was afterward annex'd , and so spoyl'd all the good effects of this hopeful pacification , created such jealousies and disturbance , that the governour was forc'd to fly for his preservation to the strong castle of namur ; they chuse their ruar , model the government anew , frame an oath to renounce all obedience to don iohn the governour ; and so zealous were the reformers , that the iesuites of antwerp for refusing it , were plunder'd , whose loyalty then , was the only crime of this society , to which our author has such a constant recourse for his reflexion . soon after , they associated themselves into what they are now so fam'd for , the vnited provinces ; by that vnion of vtrecht , which was made in order to the throwing off all obedience to the king of spain , which soon followed in three years after in that famous instrument dated at the hague , the substance of which we recited before ; so that in short , the catholicks foreseeing the designed revolt , took occasion to withdraw ( as he words it ) that is , to return to their former obebedience ; and those ill inclinations , which ( he says ) they shew'd , and which put them out of the government , was indeed the jealousie , that they had of their reserves of loyalty , and the fear that they had , that they might spoil this new formation of the state ; the obstinate resistance of amsterdam , and the foul usage it met with after it had compounded ; shew us how they were put out of the government , and how inclinable some catholicks were to maintain the poor remains of the kings authority : this is what our author calls a betraying the country to the spanish tyranny ; such aversion there is in a common-wealth , against the name of monarchy , that our reflecter must keep it up for to merit , and make amends for his naturalization . the dr. is indeed unlucky in his old delenda , upon which , if he 'le rely , as an invidious instance of the malice of our english against his new masters , the dutch ; it is nothing less than a libel upon the late lord , whom not long since they look'd upon as their greatest friend , who lovingly came to ly down his life in that carthage , which his rhetorick once did design to demolish : that noble lord who was a great instrument for promoting in the house , to help our author to the thanks of it ; the greatest kindness , to whose memory in such matters , would indeed have been to have forgot him : and such an amnesty there was amongst them then , of all that heroes ill inclination ; that their study was only , how to endear him with the greatest demonstrations of kindness and courtesy ; so that our inconsiderate author falls still upon the most unfortunate touches , such as abuse the very cause he would so willingly defend ; and gives us another occasion to consider of another subject to the king of great britain , fled for high-treason , protected from his iustice , by the kindness of the common-wealth . the inconsistency of transubstantiation is most unseasonably insisted on ; at the same time that our author is taking such pains to be so inconsiftent with himself ; for as in this † page he would perswade us how easy the roman catholicks are under their government , so in the very next , he lets us know , ( intimating their hardship ) that 't is they that can best tell us , that all religions are not alike tolerated : 't is strange , that a man should be so unlucky at reflexion , and yet write so much : mr. varilla's copy ( it seems ) can transcend the original : we know , ( though the dr. would disguise it ) that considering their services , or for fear of their loyalty , the catholicks there are but hardly dealt with ; the pacification of gaunt was got to be broken by those that form'd afterward this union of vtrecht , and tho' by both , a liberty of worship , and by the former , all civil offices were reserv'd to them ; yet by that taking of amsterdam , we saw that promises were too , either kept or broken ; and by the late banishing of priests , that this religion is not to be equally tolerated , though it was above all articled for and compounded . it is a pretty piece of prescription to say their king's predecessors acknowledg'd them a state almost an age ago : it is not much above an age , that they made themselves so , yet such an acknowledgment ( i hope ) will no more warrant the revolt , than the late king 's taking the covenant at skeen , could be said to confirm and authorize the rebellion of the common-wealth of england : this forc'd acknowledgment was made but about forty year agon , an. . by the munster peace ; and this unfortunate vindicator falls upon another unlucky touch ; this munster peace ( i am afraid ) will want not only a little excuse , but as much as that of nimmeghen ; spain was drawn in to that acknowledgment , when some people by their separate treaty , betray'd france ; by their plenipotentiary niederhorst & his superiors of vtretch , themselves condemn'd , and of this peace , the spanish embassador , le brun , avow'd , that in a little time they violated no less than articles . all that know their history too , must know , that the priviledges that were pretended , were never any compact with the house of burgundy , and so could not oblige spain ; they were united into that house by marriages and descent , and so descended to that of austria : how the provinces came first to be united in philip the good , who under one government first began them , our authors admir'd meteran does fully describe ; but though his peaceable disposition , and the finishing his quarrel with france , gave him no occasion to make use of the excesses of his power , yet his son , charles the hardy , that succeded him , the same author lets us know , was indeed as his name imported , a little more bold , and laid very great impositions upon them : we do not hear then , of any seditions that it occasion'd , or any priviledges that they pleaded to resist . when mary his daughter was marryed to maximilian , by which match they first fell into the hands of the austrian family ; to which , doubtless , descended too all the power and prerogative that ever was lodg'd in the house of burgundy ; yet their allegiance ( you will see ) did not follow the translation , which ought doubtless , as justly to have devolv'd ; for it was then old privileges & immunities were first pretended ; & discontent arose , which more probably that devolution did promote , more than any usurpations of the prince did warrant or necessitate ; for it is natural for subjects to acquiesce more under the administrations of such monarchs , to whose government they have by some discents , lineally been accustom'd , than with those princes sway , to which , by collateral discents , and intervening marriages , they look upon themselves somewhat unfortunately reduc'd and subjected ; and ( perhaps ) this piece of policy occasion'd that salique law in france , for which they may better plead this political expedient , than give us any just reason for its original institution ; for ( doubtless ) the title to a crown may be as justly tranferr'd by marriage , and its issue , as the lawful discents of common inheritance , & with that too , be translated all the power & prerogative that ever was enjoy'd by any of the predecessors ; and 't is a maxim , almost of a divine authority , that all things are not lawful that are expedient ; but ( doubtless ) this alienation of the crown , whatever priviledges were pretended , gave occasion to their first discontents , and seditions in those provinces in the reign of † maximilian , which meteran compares to those that follow'd in philip the second's time : but this prince ( notwithstanding his many criminations ) had no other fault , than the bringing down the german troops , which he was forc'd to , to preserve himself from the french ; and when those old states generals of burgundy had rebell'd , and imprison'd him upon pretence of those priviledges : their proceedings were so highly resented by princes abroad , that the pope threatned the country to excommunicate them , and the emperor , with all the princes of germany , came down to his assistance : this appears from this very meteran ; this prince , the describer of their own country ( you see ) represents as one , whose death was regretted by all , because of his most commendable government and administration ; and yet , even then there were not wanting those , that upon this pretence of priviledges , had imprison'd this prince , as well as those , that upon the same account our author would defend for taking arms against his successor , and grandson , this philip the second ; so that this dangerous doctrin of resistance ( our dr's peculiar ) for breaking such limits ( you see ) will serve the turn , to the worst of subjects , at any time , to rebell against those that themselves confess to have been the best of princes . charles the th . kept them quiet enough ; his fortune , his fame , and his forces , were sufficient security to so great a monarch ; who if he was not lov'd , knew how to make himself fear'd : forreign troops might have given them then a better pretence to clamor and insurrection , than ever it could in the forgoing reign of maximilian , or in that of philip's that follow'd ; and yet as powerful as he was , he governed them with as much clemency too , and then left them to his son and successor , not disputing of their priviledges , but united too in obedience , as well as they were afterward in rebellion and revolt . but supposing such priviledges broken and violated , had warranted such a defection , how comes it to pass , that so few of these provinces were qualify'd by these stipulations to throw off their allegiance ? and if this dernier resort by that principle of democracy , must be resolv'd into the general concurrence of the subjects , how comes a particular part of them to be empowr'd to alter the monarchy ? how comes an instrument at the hague , to be more legal than the pacification at gaunt ; or seven provinces to exceed seventeen ? this will credit much the catholick party , who for the most part return'd to the obedience of their lawful lord ; and these reformers that persisted in the revolt , even to an entire defection , will have but little pretensions to the priviledges of the constitution of their government , after they have entirely * chang'd it : this pleasant ( i will not say frivolous ) plea of our authors priviledges is somewhat like what the dutch made for themselves to king iames the first , for the liberty of fishing , they pleaded a treaty for it , between philip of burgundy , and our henry the seventh ; between charles the fifth , and our henry the eighth , when by the instrument at the hague , they had renounc'd all relation both to burgundy and spain . but since our author has not confin'd himself to give reasons , we will shew in short , how this came to pass : i am afraid this unfortunate author will find that this his zeal in the defence of the protestant cause in general , will do it the greatest disservice , as well as his particular doctrin of resistance did once disgust the particular church of england : the reason why the treaty of colen took no better effect , was only from the force of the faction that oppos'd it , and that meerly for sake of reforming further : after all the confirmation of their priviledges was so freely offer'd , * grotius himself tells us it was not only the aemulation and ambition of some great men among them , that hinder'd an accommodation ; but the perverse zeal of the reform'd for their new religion , which never sufferr'd them to keep faith , never to be contented with their condition ; this was the reason , and our author confesses it , that when the walloon provinces capitulated , and all things seem'd to face toward a dutiful return ; that some saw that such a peace would prove in their opinion worse than the war ; and tho' they were asham'd openly to refuse such a glorious mediation as that of the emperor himself , yet they secretly order the matter so , that such terms should be insisted on , which they knew their king could never grant ; and that celebrated author says it was then more than probable , that any reasonable conditions might have been obtain'd , if some people had not set up their private and pack'd caballs , for an interrupting of the publick peace . our author is as unhappy in this point too , as well as in all those unlucky touches he has made ; this insisting so much upon antient priviledges , and immunities , as it lost the king of spain so great a part of his country , so from the same faction that occasion'd this revolt : andupon the same principles , it cost themselves as dear ; barnevelt that might be said to build this republick , pretended to a great knowledge of these priviledges from his study at lovain ; and the law , or the boldness of his speeches and undertakings , and upon that pretence , form'd the first party for the renouncing their allegiance ; and though by the union of utrecht , and another * league that was made between holland & zealand , there was to be joint consent & communication of councils , these privately sware among themselves , that they will never acknowledge the king of spain , and then by a negative suffrage of one province , involve the rest in the revolt , and absolve one another of their oaths & fealty , & all this a * good while before the deputyes of holland could perswade zealand to consent to it ; so disorder'd are alwayes the affairs of church and state , upon any innovation and defection from their antient establishment , that it is impossible to make them stand to their own articles and agreements . this faction of barnevelt's , as it did profess for their first formation , the vindicating old liberties , alledg'd obsolete customes , or pretended unaccountable priviledges ; so did this celebrated legislator , and leader , set afoot the same pretences , even to the subversion of the same government they had establish'd ; his party rul'd in the provinces of holland , and so holland must rule the rest of the provinces , & enforc'd zealand to admit of the truce against an express article of vtrecht : when the royal authority ( by our authors principle of priviledge and resisting power ) was wrested from the king , and plac'd in the states generals , by the same party , and pretences , it was pull'd out of these same hands , & plac'd in the people : this same popular pretext of the same person , ruin'd the authority of prince maurice , entirely , and was but a bad retribution to the son of him that had been so much their defender : this faction , & these principles after olden-barnvelt's decease , were followed and continued by the de witts , ( alwayes the greatest enemies to our english interest , as well as their own ) and so eager by their pensionaryes pursu'd , that they had almost introduc'd an utter anarchy , & entire desolation in this fam'd republick , and never ceas'd , till by the perpetual edict , they did so basely abolish that office of the house of orange , which as it was establish'd by the vnion , so their first prince predicted they could never stand without . the prince's highness , whose office and authority amongst them , we wish may be ever continu'd and augmented ; for his own honour and the states ; and the necessity that it shews for some resemblance of monarchy , even in a republick , and a common-wealth , and that too , from the remarkable prediction of one of his famous predecessors ; and their first founder as well as in the constitution of some † other common-wealths ; but this prince and that state is but little oblig'd to such a defender , who forces in such arguments for their defence , as their intestine enemyes had almost made use of for their utter subversion : they that sacrificed these popular pretences to their popular outrages , in the sad obsequies of those * tumultuous men , even to a resentment , that might be call'd cruel and inhumane , can never have any great obligation of kindness to such an apologist , that for want of foresight and consideration , would only befriend them upon the principles of their most dangerous enemyes . in the next place , supposing that resistance had been as lawful from the constitution of their state , as it was ever from the doctrine of this casuist and divine ; does it therefore justifie a revolt to be so too ; is there no difference between an endeavour to preserve their priviledges in the goverment , and an actual subversion of the whole frame of it : alva's great severities were almost forgotten under the reign of three milder governours , that had almost compos'd all this distraction , when their particular defection was design'd : the general insurrections ( as from the history has appear'd ) were before the arrival of this severe minister ; and if rebellion will forfeit priviledges , ( as our laws and those of all nations do declare ) i am sure 't is no tyranny to seise them . * how some of the states of europe did esteem this a iustifiable action , our selves can best testifie to our shame ; but that all did , is only the want of it , or excess of confidence in our shameless author : arch duke matthias left them ( as appears ) when he saw it was coming to that , the mild emperor maximilian , tho' he mediated for a peace , yet could never justify the war ; & those princes of germany that sent them aid from abroad , were only such as were in the same circumstance of disobedience at home : the rebellions in scotland , and the deposition of the q. were no more iustified by the states of europe , than was her murder we committed here ; & yet we saw , & from our acts of subsidy too , that the scots were assisted to fight against their soveraign . 't is still the constant misfortune of our author , and now it must fall at last upon his own church , to be libelld in a friendly argument ; and sure such actions of that queen had better be forgotten , which we 'll believe her forc'd to , from the necessity of state , and the condition of the church , tho' to the loss of her reputation ; and no little blemish to this establisht religion , sure she believ'd the king of spain had some right to his revolted subjects , when she so † wisely refus'd that dominion they so | frankly offer'd : and the king of france was somewhat of the same mind , when he so generously rejected that rash and * rebellious overture ; and this french king , when some of his calvinists , and male-contents were running into flanders to their assistance , pursu'd them , and thought it such a justtfiable action , that he cut them all to pieces . but to keep only to the queens case , 't is another of his unlucky touches to talk of her assisting them ; it looks as if our author had a mind to rub up the memory of their ungrateful returns ; the tricks that the * faction we have mention'd before , put upon their deliverer , leicester , the collusions of their councils , with the good intentions of her majesty , the secret treatys with france , and treacherous aid , and the refusing to repay her , and to come homer to the case ; it was protested by one of the fam'd deputies of that time , and that upon his knees , to some of his companions , that those submissions made to the q. of england , was only to draw her into a war with spain , which when she was asham'd of , and would have mediated a peace , * a peace , which by the very articles she was to conduct them to , and not to a republick ; and by which she was made an arbitress of that , as well as of the war : they sent her a solemn embassy to disswade her from it ; which when it was not likely to prevail , she urging that arbitration , to which they had agreed ; they took upon them to expound solemn articles for words of * course ; and that they had made her an umpire only out of complement & respect . posterity is taught only to remember the spanish invasion , with an abhorrence , as if it were a popish plot ; and our author does no service to the protestant religion , to let them know , that spain was first invaded by the most protestant queen : * five thousand foot , and a thousand horse ; and that three year before that formidable armado came to face our coast , were carryed over there , to keep that sinking state from a certain falling into their former constitution ; and returning by force to the obedience of their lawful lord. that most impartial author ( whom we can't but call so , since their own country-man ) gives but little countenance to this queens good opinion of this iustifyable action ; for when she was again * offer'd the dominion of these dutch by some of their magistrates , and the people of frisia ; he observes , that it † was much suspected , that if they had tender'd her the goverment , as got into their hands by the mutiny of the common people , and the sedition of the souldiers , she might sooner have accepted of it ; which , when offer'd , as from the publick consent , she cunningly refus'd : she knew that mutiny had made them what they were , and that the same was the surest way to make them hers ; whereas , an act of state from those that had made themselves so , was of no more authority than the revolt , by which they were made ; and that at any time would give to her self as just a title : so true it is , that a defection from princes , unhinges all right of soveraignty , and property it self , warrants sedition from the constitution of the state , and lyes a land open , like those of our lawyers , to be primi occupantis . but because this author does give us a touch of his more modern politicks , as well as of his excellency in antient history ; ( which if we 'll believe some of his late works , none ever can equal ) we 'll for once venture to examin that too ; he lets us know , that as to the rebellion , the prince that is only concern'd in that , has found them of late to be his best allyes , and chief supports : i do not know what they are under this present peace , but they have not been long so , when flanders was invaded with a war ; and succour , and supports are better seen upon necessity , than when they are needless , this chief support of the crown of spain , and that improvident abandoning of luxemburg , the strongest fortress in all flanders , have sure no chain of thought , though they come so close together , and as little as it is to be excus'd ( i am afraid ) will want much of excuse ; a little of this chief support , with the courage of the then governour chimay , and the strength of the place , ( if my judgment , or eyes han't deceiv'd me ) might have kept it out of the hands of the french , who find it now so convenient for their affairs thereabouts ▪ and their conquest in lorrain , that by the fine artificial fortifications they are now making , though nature gives it more than enough , they 've already made it look , as if they would never let it go : andfortheir being his best of allyes ( if my little politicks do not fail me , or that of wiser heads ) 't is not long since they were like to lose the best part of their country , for want of an allyance with him : had they been but so wise ( or if you will ) we 'll call it so fortunate , as to close with spain , before the french fell into flanders ; or when he threatned them with a war , as their chief support in their rise was once from the french and english , against the power of spain , so that spain , and england , would have been their best defence against their fall , by the power of france : a defensive allyance , with those , to whom they are now such good allyes , was then desired by spain it self , by all those that coveted a peace in christendom ; by some of their own ministers of state , by all of them , when they saw it was too late ; this was look'd upon as the falsest step they ever made , since their revolt , and formation , that was the foulest ; and this was thought then by a most ingenious politician , to proceed only from their old hatred against that government , from which they revolted , which , as it had begun them , so it had almost made an end of them too ; and therefore , in the second war , they were wiser , and suffered their interest to prevail against that antient resentment they had to spain ; then indeed , they first became these good allyes to that crown , and found the benefit of it too ; for it forc'd for them a peace , which ( perhaps ) without the mediation of the marquis de fresno , had never been got so easily from england , and france : the peace of nimmeguen , as well as the loss of luxemburg , for which , in a friendly rebuke , our author will reproach them , should never have been repeated by us , or reviv'd to upbraid them ; but since , he 'll so unreasonably fasten the original guilt upon his own country , it must merit a little modest reflection : since our author will call this peace of nimmeguen , one of the single instances in their history , that needs a little excuse : some people think that the munster peace will go near to overmatch it , and want as much : whatever was our english conduct , it was not the conduct of the french that drove them there to act separately for themselves , when by a league of guaranty they were oblig'd to conclude no treaty , but in conjunction with france , whom they excluded after several summs extorted ; and singly by their plenipotentiaries conclude first a truce , and then a firm peace with spain , and that against the consent and remonstrance of several of their own provinces ; to which zealand never at last consented ; and one of the plenipotentiaries himself would never sign , and was ( as we observ'd ) justify'd in it by his superiors of vtrecht that sent him . in the reign of lewis the xiii . several leagues were made by these the best allies , with the crown of france , against that of spain , whereby he was to invade flanders with a mighty force ; peace never to be made , but by mutual consent , and the war never to cease till the spaniards were driven out of all the netherlands , which like their lions skin , they had divided among themselves beforehand ; but nevertheless , the treaty of craneberg , was like to have eluded the french , had not the haughty spaniard stood upon such arrogant demands ; this was as bad almost , as that of munster which follow'd ; & like that of * nimmeguen , needs to be a little excus'd ; and our author cannot with any good grace paum these ill steps too upon our english conduct . i come now to the last touch of his historical reflection ( for other people may be allowed to understand a little history as well as dr. b. ) and that is ; for the credit of our nation to clear a little further this heroical attempt upon the smyrna fleet , with which he does again attack us ; i 've taken pains to consult not only authors in this matter , but some that were eminently concern'd in the action ; it appears even from their own * historian , that sir. g. downing our embassador had his audience of leave , after he had declared he could have no answer to his demand of the flag , after he had protested it was his positive order to insist upon it , and and all this and he return'd , was three weeks † before this * hostility was acted ; & before this attempt made , meerman their envoy was arriv'd here to make up this breach which they fear'd , knowing in what violations of articles they had offended , and by their own confession , a war was in some sense declar'd to him at his coming , or at least , that he could not long expect peace ; which i 've shewed before , upon refusing to satisfie for articles violated , from the laws of nations , needs no such solemn declaration . it is but consulting his majesty's declaration , that for further satisfaction , was immediately publisht ; tho' for the fact there needed no justification ; where it will appear , that immediately too after their former peace , they fell to violating those very articles that had confirm'd and establisht it . by the treaty of breda commissioners were to be sent to london , for the regulation of our trade in the east-indies , which was never done , tho' by our embassador purposely sent , it was so condescendingly sollicited ; and so our subjects suffer'd there without redress : the west-indies was a business only of greater abuse , denying the king the return of his subjects , at their leisure from surinam , tho' expressly provided for by the same treaty , and made banister a prisoner only for desiring to remove according to the articles of it : some would apply this to the present juncture , and the denial , and punishing of some souldiers for offering to return , after his majesty's proclamation for it , and some stipulations and conventions of their own for the permitting it ; which because it symbolises so much with our author's case of transferring allegiance , and themselves have made use of that as an argument for their detention , we shall transfer it too to another place , when we come to consider his particular defence . the right of the flag , it is not our present business to justifie , tho' we have matter enough by us to make out the argument ; it is sufficient that it was one of the articles in the treaty ; the violation of which , the king insisted on in this declaration , that it had been broken by their commander , justify'd at the hague , and ridicul'd by them in forreign courts ; and i may add too , maintain'd by this smyrna fleet , so that here was three solemn articles , very seriously broken , and no satisfaction offer'd after several demands , whereas one of them violated , and reparation deny'd , had been sufficient to have justify'd by the law of arms , by the authority of their own lawyer , any hostile attempt , without a publick denunciation ; so that here besides , a private intelligence was given to meerman , and over and above , the fleet could be attackt for not striking ; and all these provocations , and absolute rupture , praecedaneous to this heroical attempt that our author does reproach us with ; but that neither he , nor any dutchman may doubt of our authority , i 'll engage i 'll get the states themselves to acknowledge every tittle of it to be true , from their own memorials , the mouths of their own embassadors , from their own mediators ; and this i press not to reproach them , but to vindicate the honour of our nation in this single instance against a deserter , and that from matter of fact , without any eloquence or affectation . when in the last dutch war , the treaty of cologne was on foot , ( which was another too , that his late majesty complain'd of ) where separate alliances were set forward again as in former with the fr. they sent us by a trumpeter , some overtures for * peace , in which missive , 't is mention'd , they had willingly agreed to all what the k. had before askt about his subjects in surinam ; and the business of the flag , they were willing to submit to judgment of the world , and that whereas the king had complain'd , that their answer was insufficient , they had commission'd an ambassador to add any thing that was needful ; this was enough of confession in the beginning of the war , that they had broke those two articles of peace ; tho' by the way this extraordinary embassador , if i mistake not , had credentials of an extraordinary nature , which were ; that he was come , to do nothing . to this missive , tho' it was not so full , yet sufficient to evidence fully the violation of the treaty at breda , did the late * king send in return a smart answer ; to which they † reply'd in such a submissive manner , as i hope will justifie that they were in the fault , before this attempt upon the fleet ; that they were ready fully to renew the treaty of * breda ; and to give a clearer exposition of the article of the flag ; they solemnly promise to repair all wrongs and injuries offer'd since that treaty to the beginning of the war ; this was what our ambassador could never obtain , before it was began by this our authors heroical attempt . but to prosecute this a little farther , for the information of our reflecter , and satisfaction of the world , in the proceedings of the peace at * cologn , they came up so far , to confess the justness of the king of england's cause , that they strongly endeavour'd to give us satisfaction , and promote an union , above all the rest ; that it should be referr'd to our own project of the seventeenth of november , upon which the king stood , i am sure like a king , to a common-wealth , on as high terms , and spoke to them in as big words , insisting upon all that before had been urg'd without the least abatement ; and besides their offers in answer to this , as is before related , the spanish ambassador , on behalf of the states generals , had made these * overtures : that this point of the flag ( which was one of the points that occasion'd this heroical attempt ) should be order'd and adjusted to the full content of his majesty : and that also , pattacons , or tuns of gold , that is , l. sterling english , should be given him ; this reparation i suppose , had it been sooner made , might have hinder'd this heroical attempt ; they refer themselves now wholly to the english nation , to the judgment of the parliament ; making them the full arbitrators in their own cause ; that cause which our author , and subject , has now so scandalously in his reflections given up , ( and what he was ever good at ) betray'd . once more to justifie it a little further , these tempting offers of the spanish embassadors summs , ( and sure there must be much honour in the cause , where the court refuses so much money ) and threatnings that he us'd of a rupture with spain , were refus'd , and slighted , because the business of surinam , the regulation of trade in the east indies were not included ; the violation of which articles , were both insisted on for reparation , before this heroical attempt was offer'd at . and so the king proceeds to prosecute the war , which occasion'd presently the marquis de * fresno , embassador of spain , to present another missive , wherein was consented to , that the striking the flagg to the least english man of war , which was once in wantonness , by some authors , call'd the king's † pleasure-boat ; was just , that the ceremony should be regulated , even according to the project , which his majesty's plenipotentiaries themselves had sent from the french army , in such a time , as their common wealth was brought into the greatest encumbrance . that commissioners should be sent to treat of regulating the trade * in the east indies , according to the same project , and their propositions at cologn . that as to surinam they are ready to suffer any of his subjects to transport themselves , and return when they please . that by these | articles it was agreed and confess'd , that their whole fleets of ships of war , or merchants , were oblig'd to strike to any single man of war of ours , which was the case of this fleet that is contested , and which was deny'd us before in the case of van ghent , to a single ship. that their commissioners for the east indie trade , were to meet at london , which before could never be obtain'd ; though it was by an unnecessary condescention , and sending of our embassadors desired . that for the affairs of surinam , they confess'd in their third proposition , that it was founded upon krynsen's fifth article ; that our inhabitants should have liberty to sell their estates , to return , that the governor should take care their transportation was provided for at a moderate price ; and that by another article , krynsen was to give them passports , and permit their slaves to follow them . all this was now consented to , all that was desired before this heroical attempt , which articles , this their obstinacy in defending the business of van ghent , and banister ; and not sending their commissioners to london , do from confession appear to have been violated : upon these , and more advantageous expressive terms , was concluded the famous peace of seventy four ; where in the breach of articles is so plainly confess'd by themselves , before our attempt on the fleet , and the denouncing of war from the laws of nations ; and their own native lawyer is shewn unnecessary after such violation : i do nothing to reproach the dutch , but to defend our english from the pen of a deserter ; and 't is somewhat considerable , that in all their missives to his majesty , themselves never insisted on this heroical attempt ; tho' i confess it was reflected on in a pamphlet , and an unlicens'd one of theirs , call'd considerations ; and by such treacherous authors of ours , that were then disgusted at the court ; severely libell'd , and expos'd . and yet even those invidious pens , that reproach'd us with their guaranty of aix , our triple league , our confederacy with the french , and suffering ( as they would suggest ) our agent to the switzers marsilly to be sacrificed to their fury ; even those deserters that seem'd to have sold themselves like ours to the dutch , did not offer to defend ( tho' so willing to excuse ) their fleets refusal of the flag , which expos'd them to an attack , and occasion'd the heroical attempt , and are forc'd to confess , and condemn the pensioner de wit , for influencing his masters , to demurr so long upon that satisfaction we had so much reason to demand . sect . xii . and now we must change this expatiated scene of history , wherein our celebrated author thought himself the only actor and comoedian ; for his historical reflexions upon our impartial observations , are indeed no more than the making of history , a romance ; and his readers to laugh like the spectators in a play , with a touch and a witticism : mr. varillas with all his florimond , will never afford the world so much of diversion ; for if matters of fact , must stand and fall with every passionate touch and representation ; 't is better going to a play , than consulting such an author , who with a dash of his pen can give you a dismal character ; and of a merciful monarch , with the turn of his words , make a tyrant and oppressor : that makes the catholick religion to traduce all princes , though their princes actions appear ( perhaps ) the greatest credit to the catholick religion : this is no more consistent with the gravity of an historian , than it is with his honesty , and ( perhaps ) mr. varil . and mr. dry. both , may modestly yield him the bays : 't is an easy defamation that depends upon a paragraph , or is confin'd ( perhaps ) to a malitious period : to prevent that disingenuous proceeding , we have return'd almost an history instead of a reflection , and that drawn from the most impartial authors ; or an extract from such writers of the two opposite perswasions , that an indifferent person might suppose to be partial . this strein of pert boldness , that ( he says ) runs through the whole paper , must be pardon'd us , since it publishes so much of the reflecters impudence , and that against persons of a royal character ; not a paper of his majesty 's from those of the late king 's , to the last declaration of assurance ; but what by him , with a perter boldness has been libell'd , and even that ( doubtless ) does at presently under his severe examination ; and can any common confidence upbraid us for being too bold with such an author ? but for its appearing more eminently on mr. * fagel's letter , with submission to his gravity ; persons of a greater character than himself , or the pensioner , are not of that opinion ; it is more modestly handled than any paragraph that has past his pen , and the author was sollicitous , that it should be so , as surreptitious as it was here , for the sake of the sacred title that it carry'd . for an impropriety of term , this reflecter makes us accost a princess with the name of * reverend , as if we had been talking to one of his coat ; but if he consults , as he seldom does , what he reflects on , he 'll find it in the originals , for which he would be so fam'd : reverd , a more awful expression of dread , and deference to royal authority , than i hope his cassock can pretend to , a name that we shall truly revere , for the peculiar goodness of that excellent person , as well as the greatness of the character that makes it so illustrious : and may she ever have as much the hearts of a people , as is consistent with the allegiance to a sovereign ; the respect to a successor , and the double duty of daughter and subject to receive . for our defence against mr. fagel , as our author threatned us with a method that was taken to clear off imputations , so we shall take as sure measures to justifie our self , not only to our english , but the world ; we may send them a latin missive , since our english is so ill writ , and with the like translation into some other languages , and their own too , to which we may not be altogether a stranger : as i hope i have clear'd our authors heroical attempt , by that precedaneous * clarigatum of our embassadors ; so since i have to do with such an enemy as dr. b. i shall also in a sort of civil clarigation , and the romans return of talionis , justifie my self , and desire of mr. f. to accept the clearing of my innocency for a satisfaction : 't is sufficient to say at present , that i am a subject to the king of great-brittain , never transfer'd my allegiance , never naturaliz'd , or had need of it ; that by that , if it was not my bounden duty , to reflect , or animadvert on any dangerous practises , industriously spread to the disturbance of the state ; yet at least , i may be allow'd the liberty to do it ; that we have three several acts of parliament , or one , twice reviv'd , that make any paper or print , without a private , or publick imprimatur , a libel ; the dispersers of it punishable by law , ( tho' their presses too may have a liberty there ) for printing , and dispersing a defence of this very paper , were some persons examin'd , ( and as they justly might be ) prosecuted : mr. fagel , is better acquainted with their own constitutions , than our tests , or any other laws ; yet his * civil institutions will tell him 't is somewhat absur'd for a man to be an offender for speaking his thoughts of a thing , which as publisht here , was * criminal ; and therefore he might have spar'd his application , that the author should be punisht , as he * deserves : and why ? because our law says , he does not deserve it ; but only those * that publisht the paper : whatever application had been made mr. fagel for finding out opinions ; what ever authority that statesman had to communicate princes thoughts ; he had surely no orders for the printing and publishing it in our state , only to make the more disturbance , to disperse it through the city , only that there might be complaining in our streets ; was it not free then for every one to tell of it his sense and opinion , or will those that allow all things liberty in holland , confine an english man's thought ? or , did he think it as requisite , that every reader of the letter ( surreptitiously printed ) was to consult the secretary's office , whither mr. fagel had feign'd it ? this honorable gentleman from his high station that he has in the state , and his celebrated abilities in managing the affairs of it , could not imagine , that it was the duty of every subject to the king of great britain , to examine at his peril ; whither a paper printed and publisht without any license , were exactly the same with a letter that was sent from the pensioner of holland , our animadversions were on a piece , that by its publication , was an offence to the publick ; and by being surreptitious , a transgression of the * laws ; and so cannot by any prudent statesman be improv'd into a negotiation of state ; and our ministers no more accountable to mr. fagel , for our animadversions , than mr. fagel to our ministers , for his publication : whatever was the knowledge , and thoughts of other people , this unauthoriz'd publication empowred me to tell mine as far as i knew , and that with authority ; so that mr. fagel must be angry with those , and punish them as they do deserve , that thus publisht his paper ; and not with those , who without a liberty of conscience , might be freely allow'd to tell their thought , and i 'll engage to prove mr. fagel himself was of that opinion when he made his * missive to our envoy , or else his hand and his heart do not go together , for he tells us there , that he finds himself very little concern'd in what is said in this book , that he foresaw well enough from the beginning , that he should be attackt upon the account of his letter , in which it was indifferent to him , what any man thought of it : but it seems , these words have somewhat in them of the reserve , for the close of the letter explains it thus ; that the author deserves to be punisht for an attrocious calumny , was mr. fagel indifferent what any man thought of it , and is the man to be punisht now for telling his thoughts ? or does he mean , a man might have told his thoughts with impunity ? if he had not been authoriz'd ; but deserves to be punisht now , because he tells them with authority ? or would he have the missive of the pensioner of holland be of more force against the parliamentum pacificum , and their foreigner ; than a memorial of his majesty of great britain against his own subject , and the author of so many libels and reflections : the celebrated prudence of this great minister , will not suffer me to suspect a person of such a character ( as the defensive * reflection on this letter gives him ) of so much inconsistency even in sense , reason , and the rules of government , but i must submit it to the consideration of others , since it seems , at first sight , not so agreeable with himself , with their civil , or our english law ; and he will not find from their * dutch , that any thing that is in print with a lawful authority , can be call'd a libel , a defamation , or in their language , a lastering ; much less , the author to be punisht as a lastereer ; neither is the imperial law so little concern'd for the honour of its legislators ; neither can it be imagin'd so absurd , as to make those ‖ criminals to the state , that act with its authority , and are only zealously concern'd in its * defence and justification . in short , mr. fagel's letter , and mr. fagel's authority , are both alike unknown to me ; and so is that authority by which the paper was publisht here ( i hope ) to himself ; but it may be observ'd here , and that without telescopes , that these two planets ( suppose of mars and saturn ) that have , with such an ill aspect lookt upon ; a treatise that seems only a plea for peace , were very near in conjunction ; the reflexions , and the missives were clearly the result of their authors good correspondence ; they look like vouching for one another's children at the font , for the minerva of the brain we know is the mother of productions too ; but the best of it is , the malice of both must miscarry , and this author would then only be † punishable as he deserv'd , had he been found * divulging and dispersing such a dangerous paper , to make a division amongst his majesty's subjects : neither can this terrible reproach of being an attrocious calumniator ; that is , by the lex * remnia of the romans , to be burnt in the forehead for a rogue , frighten me from my duty ; or affect me in † law , i cannot find that civilians call any calumnies or injuries * atrocious ; but from the circumstances of the person or place , where your own magistrate is affronted in himself or his office , and i having not yet translated my allegiance , ( and as i hope , never shall ) cannot be said to offend mr. fagel so atrociously , unless i should become their subject too , assault him in their senate-house or affront him as a pensioner . and yet after all this unaccountable resentment of this mighty minister , his remonstrance against this book ; looks in truth as if he had never read it ; and 't is very probable the person that is so concern'd in it , might make it his business to give him a false account ; for so far was the author from accusing the pensioner of holland † for forging their highnesses names , that in more places than one , he reflects upon it , as if himself had been abus'd ; and his own was forg'd ; he calls it a * paper that must pass for the pensioners , and says that the † presses of london did more probably produce , what perhaps was expedient to paum upon the hague ; and if holland had the honour to bring it to light , this pensioner of the states might be more likely the dr. of amsterdam . and these remarks were made , to the best of our knowledge , and which i can assert upon the faith of a christian , so far was it from the artifices of one ( as our author says ) * that knew they had order'd the letter , that he had some reason to believe , besides the confidence of this author , that he himself had forg'd it ; so that this missive of mijn heer the pensioner , would have come better from our monsieur the doctor , tho' it would , indeed , have been but with an ill grace for him to have desir'd our being punisht , who so little deserved it , that perhaps hath much merited , as well as expos'd himself to the highest punishment that any * laws can inflict . the reflecter's malice is in nothing more remarkable , than in endeavouring to pervert in the end of his discourse , that tender regard this author had to the goodness and excellency of that noble princess , into arguments of ingratitude , and disrespect ; but it is the nature of venom to assimulate , and such vipers can attract a virulency even from the most innocent air ; if we may be allow'd the liberty of scriptural expression , and the profession of our author does not engross that sacred phraseology , as he desires to be free from the * strife of tongues , so i wish we were too , from that of deceitfal one ; and where the poyson of asps is under his lips , nothing i fancy less infective , could taint such sincere expressions of honour and esteem ( as are apparent in that very part of the paper ) for that excellent princess ; nothing but the greatest bitterness could turn them into gall : and that makes him quarrel at that very term of the * sweetness of her temper , as if it were a touch that stir'd up his envy to the author of it ; but when this reflecter among his voluminous tracts , truly polemical ; can show so much of sincerity and zeal in the defence of the succession and the crown , as perhaps the person can produce that he so much , and so invidiously reflects on ; i l'e forfeit my reputation of a loyal man , and what will be a greater paradox , put in him for a good subject . it is like the rest of his unfortunate reflections , and unlucky touches , when he would introduce us , as betraying the lineal discent of the crown ; which with the hazard of our little fortune , and a forwardness ( as some would have had it ) even to a fault , we argued for , and defended ; but it is of late , the peculiar affectation of some people to press in this point , the mighty performances of their pulpits , even to the lay-man's civil excommunication , as if learning and loyalty were only to be confin'd to the cassock , and no where to be found , but with those that officiated in the church . i am confident , dr. b's passive obedience did not much contribute to the succession , tho' he would represent me now as invading it : i don't know what his resistance might do to my lord r — l's ruine : i am afraid , that dark misterious expression , with which our author labours so much , may easily , and without spectacles be brought to light . the words which he so injuriously reflects on , tho' he does not wrong me in the repetition , are truly these , discoursing of her highnesses relation to the state ; it follows , * to which she still seems so nearly related , the doctor will be still unlucky in his animadversions , or else he had more wisely let it alone ; he finds me in the same part of the papers apologizing for the late prayers of the church , for her majesties happy deliverance ; and reflecting on the indiscreet zeal of some , who ( to my knowledge ) for that reason refrained the church ; and on others , that in the lewdest sonnets , had profan'd the service , hoping that such prayers could never displease so generous a princess , since they were only offer'd for perpetuating that royal line , of which there were but few in remainder ; and i hope i might add , in which she still seems the next successor ? so far was i from detracting from her right , that i made her there even an apparent heir , tho' there was then more prospect of issue that might intercept her title , than when my late lord shaftsbury deny'd it to his majesty ; i know apparent is put for an absolute heir , where no other can intervene , but 't is but at best a catachroesis , and abuse , as commonly as it is us'd ; and her royal highness to me should be still apparent ; did i not see another heir appear , that by the laws of our land can intercept her title : was this author assur'd of what issue we might expect from her sacred majesty ? or , had he a design of supplanting a prince of wales , whom providence has since provided us ? but it seems he had made his reflections upon this seems still before he came to see his error ; and then like such reflecters , was loath to retract it ; or else , what is as probable , made his remarks here like the rest , by picking out sentences without considering coherence , or relation : but may heaven dispose of crowns and scepters , as it shall seem best to the king of heaven ; bless the fruit of the royal womb , and preserve her highness ( if it be her fate ) for a throne , for a blessing to three kingdoms : but it must move a little pardonable passion , to see an approv'd loyalty and zeal to succession so much abus'd , and so unjustly , by one whom from his own * works we have plainly proved to have libell'd the whole line . but i must pardon the disingenuity of a person in perverting my words , that presumes with a greater confidence to tell me my * thoughts , that they are the artifices of one that knew that she order'd the letter ; when i can solemnly profess , 't is more than i yet know : for the late king 's being so deserted , when the dependance was on the successor , it seems only forc't in for somewhat of a reply ; i am sure it was in a most scandalous manner that his succession was struck at , his friends banish't the court , and i can't imagine how he came then to be so well accompany'd , himself sent into two several exiles , with but few attendants , besides his faithful consort ; who from a partner in affliction may well share in a crown . his reflection on my making her highness so nearly ally'd to the prince , instead of marry'd , is so ridiculous , that it is too much of an answer to repeat it : i have often seen the service , and said my prayers with the dutch , as well as the doctor ; and if the princes way of worship in holland be the same with the national here , then most of our dissenters are of the church of england . in the last place , after this author has been so much in the wrong , he very magisterially tells us of informing the publick aright ; but that his majesty's last gracious declaration has better done , and superseded even the delusions of the deepest and darkest contrivance , the doctor 's malice and deceit ; i could almost have said of iealousie and fear it self : his majesty's condescending expedient , that roman catholicks shall still remain incapable to be members of the house of commons , silences even suspicion and thought , and what i ever imagin'd would some time appear , to some peoples shame and confusion : i dont know what my * understanding might have done , but my faith in the king , has not mislead me ; his majesty hath taken off all doubt instead of all tests , and i hope , is now as happy in the love of all his subjects , as they in his protection must be most secure : the church establisht , is too great a pattern of obedience , to resist so much goodness ; and will be so far from being discountenanc'd by its prince , that i hope to see her surpris'd at her own distrust and apprehensions : whatever has been the forward zeal of some , and the foolish fears of others , his majesty's gracious interposition ( and who alone could be the mediator ) like david's harp , has calm'd , i hope , even mens minds too ; united the divided tribes of our israel and iudah , will truly do well unto sion , and build the walls of our jerusalem , and may peace be within them , and plenty within his palaces : it must now be our own inexcusable fault ; if we fear where no fear is , if the parliament be now no healing one , the wounds of the nation will be ever open , they must bleed afresh upon those that refuse to close them , and with as much resentment , as those of the dead on their destroyers . the only plausible argument , that after so many popular ones has been offer'd , could never amount to more than this , that it is but prudence to provide against , and oppose a possibility of danger and destruction ; and then it must be an unaccountable madness to resist this peace , when our ruine is made impossible : this trusting can never ruine us , when distrust may , or rather , it puts us above the chance , and only to such a trust that is the same with an insurance . 't is such an equivalent , that we must not be laught out , no more than some would be out of the tests ; and it is but an exchange of one act of parliament , the most unjust , for another that is altogether as much safe . the birth-right of the peers of england is no such an inconsiderable subject , as not to be worth the consideration of the house . it was never so much strook at as in these acts , and perhaps , for that reason , above twenty bishops once oppos'd the passing them ▪ had the reformation introduc'd this exclusion of the peers from their highest properly ; it would have been an hardship they could have better born , but this was a violation of right , too great to be invaded , even when the patrimony of the church , in spight of magna charta , was not lookt upon inviolable , when sacrilege obtain'd , their honours were safe , and that , tho' there was a more certain prospect of a popish successor , of the rage of a woman , instead of an heroick prince , whom they had reason to suspect , as they say they soon found , most † cruel and zealous . let it not be said to the true reproach of iustice , and the laws , the honour of the nation , and the great council of it , that it can act against the common rules of equity ; excluded members , were an opprobrium and shame even to a most odious usurpation ; neither did that offer to exclude lords too , till it had made the whole house precarious and useless ; the same parity of reason will impower us as well , to dissolve the whole , as to exclude a part : meer religion never yet forfeited an estate , and with such persons , their priviledge of peerage is more valuable : but their property , i confess , might as well have been seiz'd , with the same iustice that these rights were invaded ; believe your king in honour , in equity bound to restore them , believe it but common iustice for them to desire it : credulity is neither a folly nor a crime , when well grounded , and then you can never believe your king so false and designing , or your fellow subjects to have any other plot , but to regain their just rights , their inheritance , and the only badge of their honour , that can make them look like lords , or maintain their peerage ; 't is plain , while this their incapacity lasts , they are no longer peers . it is but a more civil sort of an attainder , the construction of law will not allow it , no more than the latin aphorism : nec sumus ergo pares , they may truly say , neither can they judicially pass a verdict upon their fellow subjects , and equals , that are to be try'd by their peers ; when this parity of priviledge is deny'd them , their very denomination is ridiculous and absurd ; and another of those inconsistencies among the many , i have observed the present constitution of our state is expos'd to , so vainly ridiculous are our fears , that it makes us value our selves , and celebrated laws , in their injustice , in the most shameful absurdities and contradictions . what could a gracious monarch do more to oblige a iealous people ? if discontent is alway shifting partys , what possible expedient is there besides this , of pleasing all : how have we been har'd by that reproach , even holland , and scandal to the very dutch , that * 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , and pulpit politician , that hath put himself upon divinity with as ill grace , as he has upon the states , for protection ; but all reverence and regard to that sacred function , is superseded , where such a mungrel divine , this theologo-politicus , with such foul language , shall fall upon * his majesty , his * ministry , and some of his own † clergy : how hath he to obviate this happy vnion , alarm'd the nation with irregularities in elections , and undue proceedings ? how does he in these very papers pursue the people with the jealousies of * a new set of charters , and bold returns ? but that his majesty might baffle malice it self , and make us asham'd of fear , his declaration has assur'd us , and that as far as his commands can , that the members chose , shall be as fairly return'd , according to the true merit of the choice ; but bold returns is at best but a bad excuse with those that do not care to acquiess with its determinations , and does serve the turns of such doctors in divinity , as hypochondriacal , or scorbutick do , some other doctors in another faculty , when they have a defect of some specifick fortune in their diagnosticks , it resolves it self into some general distemper of the body politick ; and from , perhaps , one disorder'd member , would make a dissolution of the whole house . but 't is time to have done with this reproachful piece of ecclesiastical policy , that has been so lavish in his opprobrious language , and reproaches , upon all sorts of people , all orders of men , soveraigns , and subjects , things sacred , and civil , kingdoms , and common-wealths ; and even as the viper in the fable , stings his very country-men that warm him : the generous protection of the states is but ill ▪ deserv'd , and as basely returned by one that can upbraid them with the * abandoning luxemburg , and their peace of nimmeguen , which perhaps , in civility , we might have past by ; and 't is but an odd sort of kindness , the discovering of great faults , only for the making a little excuse . this pompous author with his wonted vanity , prides , and values himself upon the dispute with his adversary mr. varilla's ( and as he says ) his being order'd to insist no more on it , by the fren. k. and i think 't is high time now , for the honour of the states of holland , to silence him too : 't is time for him to silence himself , since his majesty has superseded the mischief , that his utmost malice and calumny can do ; as angry as he was at his being told the worst thing he could do , it may be told him now he may do his worst . the king of great-brittain , as in the constitutions of his royal predecessor constantine the great , will establish himself in all his subjects hearts too , will take for his great example , that primitive hero : the first centurys , to which we * all recur for purity , for true catholick , and apostolick faith , shall be his pattern : that prince is said by mr. selden , first to have made our crown imperial ; and perhaps , his majesty is the first too , that from the general love of all his subjects , affected so much this vniversal empire . may all his people enjoy that universal ease that he aims at ; may peace of mind within , which chears even the outward form , unite us in one common interest , in a chearful and vigorous resolution to maintain it against all force , and opposition from abroad ; let us take counsel together , and tho' we cannot walk in one house of god , we may still meet like friends , when no nation is secure from an hannibal , that may be at the gates ; 't is too miserable a madness , that a man's enemies should be those of his own houshold . may the liberty to all churches , make us flourish like holland , and the protection of the establisht one , as happy as we would be here . and thus have i run through the first part of his reflections , not by picking out pieces , but answering the whole ; which being made up of so much malice and mistake , i could not possibly confine to that compass i could have wisht ; and at the same time , to give it a thorough confutation : for as in the beginning i promis'd to consider every paragraph ; so before i end , i hope the whole will have its due consideration : i do not deal with the doctor , as he does with those he reflects on ; produce no other authority , besides the sayings of the satyrist , and his ascendant on his reader : 't is easie in such reflection , to libel the fact both with falsehood , and calumny , 't is a sententious sort of defamation ; and the dr. indeed is so dextrous at it , as to do it most concisely . — but a dogmatical assertion will never do with such as have sense , and sufficient opportunity to consult originals ; and that is one reason why our author would engross that * excellency , and so secure himself from any contradiction ; i have therefore given at large the history of those things he so concisely touches on , and so submit it even to the judgment of those that are resolv'd , perhaps , to be our enemies , and his admirers . finis . errata , dele second marg. note , page . advertisement . there is at present also in the press , an answer to dr. burnet's second paper of reflections upon the parliamentum pacificum ; being a pretended vindication of himself . notes, typically marginal, from the original text notes for div a -e * vid. his letter to my ld. m. * vid. reflect . sect. . vid. his reflect . on oxford relation pag. . vid. reflect . sect. . * vid. six papers , pag. . it will look on , &c. vid. reflect . pag. . sect. . pag. . vid. sect. . * vid. his reflect . on the k's . indulgence in scotland , par. . * reflect . sect. . vid. keebles statute . , . car. . * vid. . car d. cap . * . car . cap. . * car. . vid. ibid. cap. . vid. . car. cap. . * page . * page . * page . pag. . par. par. . vid. his enquiry . vid. pag. . * vid reflect . pag. . * march. needh . merc. vid. pag. . vid. par. . * vid. par. . pag. . * vid. his travels . par. . pag. . vid. popery represented , &c. vid. bish. of con● . * vid. par. . ] vid. sidney's paper . * vid. tryal of the regicides ▪ * st. iust. cloyster in spain . vid. schultz . chro. lubeck . * schultzen's chron. printed in high-dutch . lubeck a protestant . . * ibid. . * par. . * idque ob hanc rationem ; quod iniquum est & impium conscientijs imperare . gutberlet . chron. . vid. reflect . pag. . nihil aliud est quam coeli arcem invadere , gutberlet . ut supra . . * schultz . chron. * smirsanzky ▪ & st. labata . vid also sleidan . vid. his geography of that country . fam. strad . de bello belg. pag , . nullam ab ordinibus gratiam consecutus est . ibid. p. . * neque magnam gratiam ob delatam ultro copiam ab ordinibus consecutus est tom. . pag. . b. genev. vid. par . . vid. vindicat. of himself against the parliam . pacific . pag. , * thuan. tom. . p. . neminem latere quantos labores in concilio procurando suscepit . * dr. b. him excuses this , vid. preface to lanctan . against the first reformation . sleidan . lib. . * dr. b. owns the emperour granted a toleration , and press'd the council of trent to reform abuses . reform . part . p. . and notwithstanding this , the protestants combin'd at franckfort . * a discourse like his table talk , printed with authority in high-dutch . * he stopt the process at spire ; the bishop of toledo press'd a condescention from the papists ; and the emperour perswaded the protestants not to demand too much . vid. dr. b's reformation . . schultz . chro. * bucer in his zeal , would not submit to this , tho' some of the electors lik'd it , and modest melancthon moderated for an accommodation : a conference was appointed , lutherans , and zuinglians fall out among themselves , which dr. b. calls a popish contrivance . part. . l . * vid. sleidan . com. lib. . & . dr. b. owns the emperors declar'd they made no war upon any religious accounts , but only for the maintaining of the rights of the empire . st . part. l. . vid. reflect . pag. . * they all borrow it from fox , who himself recites no declaration that she publish'd to that purpose ; but only oral tradition , and that with some people has no authority . * from a. d. . to the present . * publisht . aug. . spotswood l. . † the burning only of mills ; an old priest ; vid. dr. b's . vol. vid. also foulis history . vid. reflect . parag. . * matchiavel and hobbs . * spotwoods hist. * the cases of acha. & macha . iehu , & ierom. cited then by willock . & knox , for deposing of the queen . ibid. lib. . lib. . vid. spotswood . lib. . reflections pag. . vid. parl. pacific . vid. reflect . parag. . a ▪ d. . * dr. h. a. d. . * so that his relying on that charter for the present church , does it the greatest disservice . vid. apolog. * the p. palatine from luther to zuing. from suing . to luther , &c. * margueret de valoys . . * vid. reflect . parag . . vid. heylin's history of presbyt . l. . * mark , that this business of amboise is by meteren , whom our author admires so much , as to quote none other , made only a matter of petitioning of unarm'd people , where it is plain , that though the petitioners went into the castle without arms , their armed men attended them to the gates , & were afterward by the duke of guise defeated , and some protestant writers can magnifie the clemency of the king to the prisoners , and the discreet temper of the guises . * aug. vid lib. . pag. , . turbat , trucidat , fugiatque magis de valor . . . * dutch , french s●ors . * . * dr. h. † begun in francis d. reign , . * the other in hen. d. about . * vid. dr. b's . preface to lactant. p. . * vid. praeface to lactant , ut supra . * their author that gives us the account of their country in french , confesses how charles the fifth resign'd them to his son , in these terms ; ie vous supple de luy obeir , de retenir la vieille religion orthodoxe . * about a years agon , about an. . * vid. grot. annal. lib. . * as in the time of char. the hardy . * caesari persuasum ; proculcatà sacerdotum reverentià ne ipsi quidem mansurum obsequium , grot. id . l. . * vid. heylin's history of presbyter , pag. . l. . edit . d. london , . vid. fam. strad . lib. . dec. d. grot. annal. lib ▪ . decessu philippi , de summa praefecturà certatum est , sed omissus uterque ; perpetuis simultatibus rempub. distraherent . * vid. heyl. histor. presb. lib . sir w. t 's observations . hug. grot. l. . dr. h. hist. ibid. † libellos proponere tentamenta vulgi . grotius an. l. . ibid. lib. . sir w.t. makes them strong . malorum metum hoc magis attollentes , obtendant turbas civiles partim & ipsi faciunt . ibid. grot. † qui timuerunt hactenus territare incipiunt , says grotius himself . ne saevitiae quidem in sacerdotes & simulacra divum temperabatur ; eadem in libros & sepulchra rabie . l. . vid. his trial. (a) conjurationis reus est cum alicujus dolo malo jurejurando quis adactus quo quid adversus rem publicam facit . d. . . (b) seditiosi sunt ▪ c. . . & . qui plebem audent colligere , cujus dolo malo consilium initum est . (c) qui in ecclesia tumultum facit , & ministeria perturbat capitali supplicio afficiendus , c. . . . (d) perduellionis reus est qui adversus principem est armalus vel cujus dolo malo contra eum consilium initum est , d. . . . d. . . . * spem quoque nonnullum fecerat , &c. is all what grotius says , lib. . and meteran-says no more . l. . . grot. lib. . * sir w. t. vid. meteran lib. . cum nihil certi de hac re potuerit rescisci multis vana suspicio visa fuit . an. . * praeface to lactantius . pag. . * for this purpose , vid. c. . . . d. . . . c. . . . vid. praefationem ad historiam . * lib. . * lib. . * vid. reflex . on varill , d. tome . † violentiae & inevitabilis necessitatis nunc graffantis ratione habità , meteran , lib. . * dr. b. his admir'd meteran is forc'd to confess a bold conspiracy and attempt against alva , for which there was but one suffer'd . nemine eam obcausam praeter hunc solum poenas passo . meter . lib. . an. . vid. heylin's history of presby . lib. . vid. strad . grotius , meteran . † populi ordines jus sibi reretinuisse fraenandorum principum de jure . mag. quest. . p. . edit . frankfort . intelligimus magistratus , quasi regum ephoros , &c. vid. iuni. brut. vind . contra tyrannos . vid. also calvinus inst. rex qui pactum violat , &c. hujus faederis seu pacti , regni officiarii vindices & custodes sunt . vind . cont . tyran . quaest. . p. . * cum defectionem ab austriacà familia honestè non ferre poterat ; thuan. genev. edit . tom. . . b. | vid. grotius lib. . ut superiores singulis , ita infra universos , id . * vid. brutus . vindiciae contra tyrannos de jure magistratus . eusebius philadelphus . buchana , de jure regni . † to grot. annal. * vid. lib. . lib. . * . iulij , a. d. . subsign . ioan. asseliers . vid. reflect . parag. . vid. reflect . parag. . rest. parag. . vid. six papers . ibid. parag. . . * note , this was but about an years agon . vid. baker . vid. reflect . p. . vid. reflect . par . . pag. . vid. parliam . pacif. vid. daniel and trussel . vid. baker . chron. d. vol. vid. dr. b's . praeface to the history of the reformation , where he calls him the postilion of the reformation , driving thorough thick & thin . vid. , , . hen. . vid stow , annals . p. . * vid. letter to a dissenter . spotswood's history of the church . vid. heyl. reformation ed. the th . vid. acts and monuments . on varilla's . & . tom. pag ▪ . car. . vid. keeble . vid. ▪ . car. . vid. colleges tryal . . inst. car. . vid. stat. carlisle , &c. car. . * vid. bacon's seditious book of the government os england . vid. reflect . parag. . bakers chron. p. . id. p. . vid. reflect . parag. . * this sarcasm was marvel's before it was burnet's . vid. langh . consideration . pag. . vid. six papers . † vid. reflect . parag. . * id. parag. . † qui non prohibent tenentur . * vid. albert . gent. si universita negligit illud factum emendare illaqueat ipsa se. grot. de jure belli . zouch . our own professor at oxford . de jure fecial . part. . page . vid ▪ pag. . * d. w. † refl . par . , * vid. reflect . p. . ibid. † qui se subjecit in quibussdam videtui se servasse in reliquis liberum , alber. gen. de iure . belli , lib. . * vid. their considerat . refl . parag . . * . artic. of breda , and others of the same treaty . * grotius de jure belli , lib. . cap . * vid. pliny . lib. . . † ibid. id. parag. . * vid. parl. pacific . p. . id. parag. . ian. . ibid. ibid. † p. . p. . subditis suis exactio num onera graviora imposuit , &c. imperii propagationem meditans . id . lib. . † le mesine maximil . receut un notable affront de flamans , qu'ils le garderent prisonnier dans un chateau , cet attentat n'a pas eté sans punition , sa mort fût regrette lé de tous , a cause de son loüable governement . description de holland , p. . * it is a question among civilians , an idem populus censendus sit mutato imperio , zouch de iure foecial . p. . sect . & aristotle absolutely denyes it ▪ * lib. . grot. id . * vid. deduct . ordin . holland . part. . c. . sect. . * holland . decrees it apr. . . the states generals not till . leo aitzs . revolut . p. . leo aitzm . revolut . p. . † venice , genoa . * vid. the tragedy of the de wits in the netherland historian , and holland mercur. * vid. reflect . ibid. sect. . † sed prudens foemina detrectavit invidiam interversae dominationis , grotius annal. lib. . | ut principatûs conditiones non tam ferrent , quam acciperent grot. an. . . * in manus tradunt foederatorum nomine belgium , strad . dec. . lib. . in gallia tua est belgium , strad . lib. . ibid. reflect . parag . . * barnvelt's . * a. d. . gravissimam hanc injuriam , &c. reidan . annal. belg. an. d. . * verba tantum honori data , grot. lib. . * id. lib. . . * novitrajecti magistratus , &c. † nec tamen quorundam suspiciones ▪ quasi publico consensu delatum honorem & recusatum ; plebis ac militum seditionibus debere mallet . id. lib. . ib. sect. . . vid. leo ab aitzma's revolutions . . * it seems secret , and separate alliances , with some people , was ever an expedient in reserve to betray france to spain , or spain to france . * the netherland . † feb. . ditto * . vid. his majesties declarat . dat. . mart. . a. d. . my lord ossory's capitulation , . art. ereda . van ghent . hug. grot. de jure bell. &c. * hague . october . vid. king's speech to the parliament , . novemb. ditto , as also his answer to the missive . novemb. — . * vid. king's declaration . mart. . † dutch answ. dar . hag. . . — . * . th . art. * vid. answer to the missive as above . * vid. their own netherland , hist. pag. . . * missive of marq. de fresno , hague , . ian. . † vid. considerat . growth of popery , englands appeal . tho' they have done it to a barge , and both that and ballingers are ships of war , if arm'd , and equipp'd . * to which we will not now compare the business of bantam . | propositions for peace , ditto . fifth art. of krynsen , . march , . . artic. vid. our articles , dated westminster . / feb. / . growth of popery , englands appeal . vid. his reflections on mr. var. history of heresy . vid. parag. . * ibid. * vid. b . * vid. car. . car. . jacob. . car. . car. . jac. . * qui dolo malo crimen intendit reus esto . * seditionis reus est cujus opera dolove malo consilium initum est ut homines ad seditionem commoventur . * seditionis reus est cujus opera dolove malo consilium initum est ut homines ad seditionem commoventur . * vid. his missive . d. . . * car. . car. jacob. . * vid. missive against the parliament . pacificum to mr. d. albevill . * vid. reflect . on mr. f. letter . * vid. inleydinge tot de hollantsche rechtgeleertheyt beschre ven by hug. de groot . ‖ jus , sive obligatio criminis est , ex quo quis ob delictum in rempublicam , supplicio est obnoxius . zouchaei element . jurisprud . pars : de jure criminis . edit . amsterdam . * convitium ex cusatur quod aliquis vindicandae republicae gratiâ objecit . julii pacii anal. inst. l. . tit. . † paena tene tur qui libellum inventum divulgavit . * l. un c. d. tit. * d. . . . † injuria dicitur quod non iure fit inst. l. . tit. . de injur . * atrox injuria est vel ex loco vel ex persona , veluti in foro vel in senatorem , ibid l. . tit. . & convitium excusatur , &c. ut supra . † vid. his missive and letter . * parliam . pac. pag. . † ibid. pag. . * reflect . p. . * vid. our stat. . of edw. & , . . . king i. . of scotland . vid. leg. juliam . i. . . . ibid. sect. . * reflect . part . pag. . * parliam . pacificum pag. . * vid. parliam . pacificum , pag. , . * vid. parliam ▪ pacif. p. . * vid. reflect . parag● . vid. reflect . ibid. ibid. vid. sect. . vid. the k's last declarat . about the elections . * vid , ibid. dr. b. reflect . sect. . vid. the anatomy of the aequivalent . pag. . in edw. . reign . † vid. dr. b. * in his enquiry 't is englisht . * vid. six pap. * vid. ibid. and his apology . † vid. his enquiry . * reflect . on parl. pacif. part , sect. . * vid. reflections , paragraph . reflect . part pag. . vid. enquiry p. . * vid. our homilies against idolatry . vid. his reflections , sect. . pag. . * vid. his enquiry . by the king, a proclamation for the assembling the members of both houses at oxford, upon occasion of the invasion by the scots england and wales. sovereign ( - : charles i) this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing c ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing c estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) by the king, a proclamation for the assembling the members of both houses at oxford, upon occasion of the invasion by the scots england and wales. sovereign ( - : charles i) charles i, king of england, - . broadside. by leonard lichfield ..., printed at oxford : . "given at our court at oxford, the th day of december, in the nineteenth yeare of our reigne." reproduction of original in the huntington library. eng great britain -- history -- civil war, - . great britain -- politics and government -- - . a r (wing c ). civilwar no by the king. a proclamation for the assembling the members of both houses at oxford, upon occasion of the invasion by the scots. england and wales. sovereign a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion c r honi soit qvi mal y pense royal blazon or coat of arms by the king . ¶ a proclamation for the assembling the members of both houses at oxford , upon occasion of the invasion by the scots . whereas we did by our proclamation , bearing date the twentieth day of june last , upon due consideration of the miseries of this kingdom , and the true cause thereof , warne all our good subjects no longer to be misled by the votes , orders , and pretended ordinances of one or both houses , by reason the members do not enjoy the freedom and liberty of parliament , which appeares by severall instances of force and violence , and by the course of their proceedings mentioned in our said proclamation , and severall of our declarations : since which time our subjects of scotland have made great and warlike preparations to enter and invade this kingdome with an army , and have already actually invaded the same , by possessing themselves , by force of armes , of our towne of barwick , upon pretence that they are invited thereunto by the desires of the two houses ; the which as we doubt not all our good subjects of this kingdome will look upon as the most insolent act of ingratitude and disloyalty , and to the apparent breach of the late act of pacification so solemnly made between the kingdomes , and is indeed no other then a designe of conquest , and to impose new lawes upon this nation , they not so much as pretending the least provocation or violation from this kingdom so we are most assured that the major part of both houses of parliament doe from their soules abhorre the least thought of introducing that forraigne power , to encrease and make desperate the miseries of their unhappy country . and therefore that it may appeare to all the world how far the major part of both houses is from such actions of treason & disloyalty , and how grossely those few members remaining at westminster have and do impose upon our people , we do will and require such of the members of both houses , as well those who have been by the faction of the malignant party expelled for performing their duty to us , and into whose roomes no persons have been since chosen by their country , as the rest who have been driven thence , and all those who being conscious of their want of freedom , now shall be willing to withdraw from that rebellious city , to assemble themselves together at our city of oxford , on munday the twenty second day of january , where care shall be taken for their severall accommodations , and fit places appointed for their meeting , and where all our good subjects shall see how willing we are to receive advice for the preservation of the religion , lawes and safety of the kingdome , and , as farre as in us lyes , to restore it to its former peace and security ( our chiefe and only end ) from those whom they have trusted , though we cannot receive it in the place where we appointed . and for the better encouragement of those members of either house to resort to us , who may be conscious to themselves of having justly incurred our displeasure by submitting to , or concurring in unlawfull actions ; and that all the world may see how willing and desirous we are to forget the injuries & indignities offered to us , and by an union of english hearts , to prevent the lasting miseries which this forraigne invasion must bring upon this kingdome , we doe offer a free and generall pardon to all the members of either house , who shall at , or before the said twenty second day of ianuary appeare at our city of oxford , and desire the same , without exceptions : which considering the manifest treasons committed against us , and the condition we are now in , improved by gods wonderfull blessing to a better degree then we have enjoyed at any time since these distractions , is the greatest instance of princely and fatherly care of our people that can be expressed , and which malice it selfe cannot suggest to proceed from any other ground . and therefore we hope , and are confident , that all such who upon this our gratious invitation will not returne to their duty and allegiance , shall be no more thought promoters of the religion , lawes and liberty of the kingdome ( which this way may be , without doubt , setled and secured ) but persons engaged from the beginning , out of their owne pride , malice , and ambition , to bring confusion and desolation upon their country , and to that purpose ( having long since contrived the designe ) to invite and joyne with a forraigne nation to ruine and extinguish their owne , and shall accordingly be pursued as the most desperate and malitious enemies of the kingdome . and our pleasure is , that this our proclamation be read in all churches and chappells within this our kingdome , and dominion of wales . given at our court at oxford , the th day of december , in the nineteenth yeare of our reigne . . god save the king . printed at oxford , by leonard lichfield , printer to the university . . monday, june . . two votes concerning the king, and queenes houses and lands. england and wales. parliament. house of lords. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) monday, june . . two votes concerning the king, and queenes houses and lands. england and wales. parliament. house of lords. sheet ([ ] p.) printed by john bill and christopher barker, printers to the kings most excellent majesty, london : . annotation on thomason copy: "june ". reproduction of the original in the british library. eng crown lands -- law and legislation -- great britain -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no monday, june . . two votes concerning the king, and queenes houses and lands. england and wales. parliament. a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - john pas sampled and proofread - john pas text and markup reviewed and edited - pfs batch review (qc) and xml conversion monday , june . . two votes concerning the king , and queenes houses and lands . ordered by the lords in parliament assembled , that a stop , and stay be forthwith made of all wastes , in any the houses , timber , or woods standing , and being , in , or upon any the lands , part of the queens majesties ioynture , in whose hands soever the same are ; and that all wood and timber which have been felled off any of the said lands , at any time since the day of aprill last , whether remaining upon the said lands , or removed off the lands , to any other place or places , shall so remain , and continue , without further disposall , till the parliament shall give speciall order therein . and all persons concerned are required to take notice hereof , and to observe the same accordingly , at their perills . ordered by the lords in parliament assembled , that a stop , and stay be forthwith made of all wastes , in any the houses , timber , or woods , standing , and being , in , or upon any the lands , belonging to the kings majesty , in whose hands soever the same are . and that all wood , and timber which have been felled off any of the said lands , at any time since the of aprill last , whether remaining upon the said lands , or removed off the lands , to any other place or places , shall so remaine , and continue , without further disposall , till the parliament shall give speciall order therein . and all persons concerned are required to take notice hereof , and to observe the same accordingly , at their perills . die martis . die junij , . ordered by the lords in parliament assembled , that these two orders be forthwith printed and published . jo : browne cleric : parliamentorum . london , printed by john bill and christopher barker , printers to the kings most excellent majesty . . a peace but no pacification, or, an answer to that new designe of the oath of pacification and accomodation lately printed a subject for all that love true peace and liberty to consider / by iohn saltmarsh ... saltmarsh, john, d. . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing s ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing s estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; :e , no ) a peace but no pacification, or, an answer to that new designe of the oath of pacification and accomodation lately printed a subject for all that love true peace and liberty to consider / by iohn saltmarsh ... saltmarsh, john, d. . [ ] p. printed by barnard alsop ..., london : . half title preceeding t.p. reproduction of original in thomason collection, british library. eng parker, henry, - . -- oath of pacification. great britain -- politics and government -- - . a r (wing s ). civilwar no a peace, but no pacification. or, an answer to that new designe of the oath of pacification and accommodation. lately printed. a subject for saltmarsh, john c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - jason colman sampled and proofread - jason colman text and markup reviewed and edited - pfs batch review (qc) and xml conversion a peace , bvt no pacification . a peace , but no pacification . or , an answer to that new designe of the oath of pacification and accommodation . lately printed . a subject for all that love true peacè and liberty , to consider . by iohn saltmarsh , m.m.a. london , printed by barnard alsop , and are to be sold at the castle in cornhill . . a peace , bvt no pacification . it is a notion more platonicall than reall for a private man to thinke he can arbitrate imperiall differences , and it is rather an act of fancie than iudgement , a policy of imagination , than state , for the soule of one is of no just latitude nor comprehension for a designe of that bredth , as the pacification of a kingdome , and when the judgement proves too narrow for the designe , the designe must needs fall short of the requisite proportions ; and further , they that would intervene in such controversies , and mysteries of high accommodations , must be situated geometrically for both sides , and stand upon so much vantage ground , as he may have a full prospect over all particulars , whether springing or full blowne . as for instance , if you would compose the king and parliament , you must either have a right and cleare cognizance of both , and see almost the veriest atomes in the state of both , or else you shall doe right to neither ; for the least things are of moment in states , and politickes , and i doe beleeve it is impossible for any to be so qualified an arbitrator for our supreme disputes , being so full of new revolutions , and interpositions , especially now , when an almighty power seemes to mingle , and incorporate his owne interests with ours , and engage us upon new fundamentals . and though accommodation bee such a subject as will gaine both readers and parties , yet it is of dangerous consequence , to write unto the spirits of men , of things that may retard and stay their publick pursuits ; especially now in a time of an irish accommodation ; for there are few in such haste after their enemies , but they will stay a while and talke with any that can parley and discourse of peace ; and the musick of pacification is so sweet , as many could willingly let their engagements fall out of their hands to hearken and follow such tunes : we should be farre better statesmen for these times , if wee first laboured to finde the true elevation of things , for when we have such intrinsecall variations in our state and church , it cannot bee an act of commensuration to weigh designes at the beam of old politicks and conveniences , and they that would now place us upon old bottomes , are such in whom the old interests prevaile more than the new , and if we take hold of them to guide us , they will at length bring us backe into as bad a condition as we have forsaken ; although they may seeme to lead us about a while through some new and pleasing conceptions to entertaine us from observation . it was a smooth fallacy of the prophet , who led his enemy so farre , as he suffered him not to see the mistake , till he had brought him into the midst of samaria . the peace and prosperity we have had , have wrought in us such principles of ease and indulgency , as makes us industrious in projectings after pacifications , never looking forward at inconsistencies , nor behind at consequences , nor about us , at the season , and other circumstances . for accommodations in the latitude of the notion , are of such a contexture , and intermingled constitution , as they usually take in various and equall principles from both . now i appeale to any whether the others principles either religious or civill be consistent with ours now , and whether they be such as can dwell together , or incorporate , whether their essences and operations be not divers , and being so contrariant as we see , and having wrought out each others interests into severall independencies and stations already , how shall these be reconciled ! unlesse wee attaine hereafter to live under those heavenly and propheticall influences , where antipathies and contrarieties are made friends , where the lion and the lambe lye downe together , and the children play with the cockatrice . againe , accommodation is the putting an untimely period to our reformation , which by that must necessarily be prevented in the period it aimed at , because it seemes to be met in the halfe way , and we bespeake it to stop , and bring with us a new designe rather of diversion , than advancement or propagation . and again , these times are such as the infuosins are stronger , and the principles too , being inabled not only by many divine influences and providences and concurrencies ; but carried on with arguments , and reason , and treatises , which the contestations of former ages in this kingdome never knew ; each party assuring their side with a more learned artifice , so as men are now acted aswell by conscience as passion , as well by iudgement as resolution , and this is one reason with me that not any such pacification can well be transacted , for both sides have been so argumentatively and rationally informed , and have taken in their owne fundamentalls so deeply , and in so much divinity , and assurance , as it is not possible nor probable to mediate a reconciliation till you have loosened and unhinged the one ; and therefore these maxims of moderation & accommodation are rather the issues , and ingenious experiments of melancholy spirits , who please themselvs and others in these stormes , and gloomy seasons , by painting twilights and calme enterludes ; or else the subtill incantations of some that are no right wishers to the cause : and doe wee not further see how the wars and broyles of preceding ages , left alwayes a turbulent and inflaming remainder in the dispositions of men ? so as the old differences and effusions did onely forsake the broader and wider passages of battailes , and sought out straiter , those of emulations , duells , and quarrells , and men have rather fought the great contentions over againe in the abridgements afterwards , so as the warre was still the same in such unsound pacifications , onely the method was new , and the bloud of those warme distempers flowed downe onely in narrower channels , and thus when civill contentions , and nationall flames are forced backe againe by the hand of an immature pacification , they brake out in as many particular combu●tions , as summ'd up , would make a competent destruction . and besides all these considerations , the parliamentary party have obliged themselves by vowes and covenants , and so are not such masters of times and circumstances , as their enemies are ; ( having given up their owne relations and selfe policy , and involved them in more universall and sublime ends ) but their enemies ( whose interests are of a lighter and easier , and more sequacious constitution ) are ready to turne with all advantages of state , and every civill or gainfull emergency ; and though they be men of obligations , and covenants too , yet their covenants are rather like engines of policy and religion , to open and shut at pleasure , and to set down and take up their soules and affaires to the necessities , conveniences , and occasions of state : and this overthrowes the very substratum and fundamentall of this new oath ; for when there hath beene such private landing places and secret posternes in their owne covenants , to goe out and come in at , it is most likely that if they finde not the like liberty againe in another , they will force it ; it being now made by wicked counsellors one branch of the prerogative to be transcenden● to obligation , and protestation , and covenant , and to make the supremest violations and evasions lawfull , but the woe will not fall so directly upon the covenanter , as upon those that have mistaught him , and drawn out his good intentions into the labyrinths of their owne art , these are the ministers of seducement , & by such are the best carried on , ( having made some virtue their friend for a time , or some peculiar disposition of their master at their first insinuation . ) and though the author of the pacificating oath would perswade us of the terrours , and judgements , such oathes would cast upon the violators , as if the violation brought with it ( like a boding comet ) the sparklings of an heavenly indignation ; yet wee must know that princes as they are exalted into the divine notion of gods , so their favourites make them beleeve that their politicall deitie can secure them ; and then there are ever some state casuist at hand too who can heale their distempers with many a blandishment and evasion , so as i know not whether to admire more the glory , or infelicity of a crowne , for there is a divinity which is calculated meerly for the meridian of princes , and will fit no lower condition ; and there is an order of prerogative divines , who onely study the disinteressings and disobligings of their prince : now i would gladly know what remedy he hath reserved for us in case of violation ( it being too apparant how the supremest may be misinstructed and abused , ) all i can find out , is an heavenly indignation & revenge ; and he must know , this is not an immediate judgment which treades alwayes on the heeles of a transgression , but may be powred upon the next succeeding throne , or at least in the evening of the offendour ; for there are certaine graduall effluxes of the divine wrath , and many stayes and periods which his infinite wisedome makes , and is not accountable to our tribunals ; and what shall a state doe then in this space and intervall to judgement ? for being then made passive againe , it becomes a subject to as much , if not more tyrannie , than before : and usually the revolt of prerogatives , and the relapses are more dangerous than the first excesse : as the wrath of pharaoh and saul after some particular violations grew more implacable and violent : and as we see in civill stories of our owne : and the reason why a relapsing power becomes more vindicative , because there is a capacity of revenging recovered , and there seemes to lye nothing in their way to breake the stroake . nor let the author of the new oath thinke he can be more ingenious in contriving , than some ministers of state in eluding , nor so exquisite in the forme , as they in their suggestions and infusions for violation : and whatsoever he tels us of the ancient transaction in such cases , i must answer him , that if hee can revive the (a) ancient reverence and simplicity and faith of those ages with the ancient transaction , then i shall allow more to his president : but he knowes that the (b) machiavillisme of later times have made a maxime in the science of politickes , how to overwit their owne obligations , and have made it one part of the perfection of a statist , (c) to be too wise for engagements : and though the wisedome of the first coalition in this state made it their surest designe to seale the inauguration by an oath , yet we see there is no infallibility in such counsels and acts ; no protection from the violence of evill counsell : and such hath beene the declination of states of late , that oathes were but in the reputation of politicke formes with many , unlesse it be with those who drive on a holier designe , as that of reformation , and with such , covenants and oathes have their just reputation , as it appeares in the late transactions of scotland , and other reformed kingdomes , and of england now ; and this appeares to be the opinion of this authour too , for in his sixt page , he urges much the stately and sanctimonious forme or solemnity , as of necessity amongst plebeians , so as by that very notion , he pleads the pompe and ceremony of an oath so as if he would have it by that accesse of some glorious lustre , to dart the people into an obligation , as well as the prince ; when as there are many safer , and more naturall meanes to becalme the jealousies of subjects , even a reall application to their affections , in the motions of iustice , and peace , and religion ; and that people shall never take umbrages , where the goings of the prince are cleare and discerneable , and not shaded by the crowde of privadoes and bad ministers ; but in a word , when the first and primitive oath which is the highest and most supreame rise of an obligation , is not inviolable , nor includible , what strength and assurance , can be in derivatives and supplementals of the same nature ? nor do i think it a designe of that happy and wholsome constitution as some take it , i mean an oath of pacification , for satisfaction of jealousies , for there is an art to take away all jealousies , and in the roome bring delusions of assurance , and so thicken and incrassate the satisfactions , that people shall in time forfeite their liberties in a mist , and scarce believe they are oppressed , till they be oppressed almost beyond a remedy ; and this nation hath been ever easily carried on into such an incredulity and misbeliefe , and have often served many yeeres apprentiship both of ignorance and bondage . nor will any wise man suppose that to bee a good condition for any state , especially for a government so mixt as ours , which ought ever to be looking to the just interests of one another , especially after a season of encroachment and exorbitation : for to take in such a remedy as shall leave no iealousie behinde it , is to take in such a quantity of opium as will rather bring a lethargy than a kindly rest , and rather make a kingdome stupid than peaceable ; surely those remedies are best , which keepe states waken and sensible , and the eyes of the kingdome open . and as there is a jealousie in some which is but a virtuous luxuriancy of love and affection , and tends onely to the preservation of honor and propriety in the suspected party , so there is in the best states : & sure there is no such way to keep things in their owne rights and priviledges , but such a sollicitous and carefull vigilancy , and wise suspition . that which i now conceive to be the only interest of our reformation , is not a pacification but a peace . for a pacification is a more proper and safe notion for forraigne states than our owne , for a pacification is but the accommodating of a difference , and a meeting of severall principles , and a resolving to agree with one another , without any further incorporation , but this cannot be intrinsecall nor naturall enough for us of the same kingdom , this is no such indistant complication as we should now aim at , and as our new & holy fundamentals cal for : our purest & soundest peace would be from a succumbency & invalidity , when on the worse part the opposition is spent & exhaled , then there is no feare , that there will breake forth any fresh and mutuall contendings , and there must needs be more security in that peace where all possibility of resistance is taken away , than where there lives two natures of proportionall abilities and passions , which would prove like the two men in the fable , who being weary with beating one another , tooke truce for an houres refreshment , and fell fresh to their blowes againe . a peace then and not a pacification is our assertion , and i hope all who value a reformation according to their covenant , will pursue those things which make for that , and suffer themselves not to be taken off their holy and famous resolutions for peace , by any faire or specious argument for pacification , pacification being but the halfe way to peace , and this i conceive is the peace which will make both england and scotland happy , not so much by inventing any new engines to binde our kings in chaines , and our princes in fetters of iron , but by endeavouring such an extirpation of popery , prelacie , and malignity , as our peace may be rather secured by a disability of contending , than by any new oath or possibility of resisting . for any further criticisme upon the author i have none ; i confesse he reasons well upon many particulars , and makes his inke rise high , and dash handsomly upon those that stand about the throne , and had he reached further with his pen even to a peace , and writ but beyond a pacification , he had writ well . a review . i shall gather his designe into this compend. . an oath and ceremonious forme for the king , another for the queene , and the temeration being so dangerous , hee thinkes we are secured sufficiently : and he presumes , ( having laid downe this forme ) to lay upon it this weight , the honour of god , safety of religion , p. . justice of parliament . i confesse the oath abstractively considered is able to beare this , and a larger superstructure ; but when concretively and pactionately taken , let all judge who knowes there is a revolution in the highest orbes , and a changeablenesse and mutability in every thing to the very borders of immortality . in the ceremonious forme he seemes to ayme especially at the satisfaction of the people , p. . and he pleads for the attiring and apparelling the oath in some glorious ceremonies : but popular satisfactions in true christian states are more solidly obtained by just and free and regular redresses : i know very well that gusts of discontent will be blowing sometimes from the people upon the best administrations , but they will soone blow over , god having obliged himselfe not to suffer the rod of the wicked to rest upon the lot of the righteous . and for the oath to the queene , p. . i onely expose to the consideration of any , what security or assurance is there in such fundamentals which an absolution or dispensation , or other iesuiticall engine can overturne at pleasure , though i could tell him more too , for at the priviledge of this oath he must needs let in a toleration of that which the condition of our covenant cannot comply with . 〈◊〉 word , for any such obligationall happinesse , let the states of holland reply , who have had too sad experience of the many effusions which the ministers of that tyrannous philip had contrived , and especially now , in the season of the universall apostacy , wherein faith shall not be able to grow up to so just a stature as formerly , being a qualification ( saith that holy assertion ) scarce to be found on earth . and though this way of obligation and satisfaction hath beene made use on ( as he sayes ) by god and man , yet we must know god hath an essentiall immutability to insure his oath , and man had a fidelity then , which was not so well acquainted with the artifice of reservation , equivocation , and elusion . conclusion . now consider the frailty and uncertainty in such foundations as oaths , the complexion and obligation of our late covenants , the evasions and machinations of a reconciled enemy , the inconsistency of our principles and theirs , the fresh feuds from the remainders of an old combustion , our deep ingagements , our small purchase for the expence of so much blood and treasure , and tell me if there be any security but in some things beyond an accommodation . to the reader . i have no other quarrell to the booke than its incongruitie to our reformation and covenant , and civill libertie and security , though it may be this is a misfortune rather of the authors affection than intention ; which making too much hast after peace , fell into this error of pacification : i could wish his excellent expressions had flowed in a better channell : nor would i be mistaken by others in what i doe , for i undertake not to write in a politicke , out a rationall capacity . quod si pompeius & caesar conjungi possint , me satis vicisse putabo . bald. in ep. ad cico● . finis . notes, typically marginal, from the original text notes for div a e- cap. . (a) tanti nimirum est rerump : firma & valida fundamenta poni , quoram non postremum hoc fuit , ut fides ac iuramentum civitatem regerent . liv. (b) principi nihil iniustum quod fructuosum ; expediret autem fingere contrarium atque ita iuramentum concipere , non afficiam populum iniuriis . lib. . pol. c. . (c) sic julius pontifex iactare ausus est , turpissimo hercule exemplo se foedera & societates cum gallis germanisque non aliter contrahere quam fallendi gratia . quale erat atheniensium & hodie multorum principum viro populum nullis iniuriis affectum iri , plebs enim iuramento hoc contenta , & veluti secura de reliquis non admodum erit sollicita , etiamsi postea magnis iniuriis afficiatur . anti-cavalierisme, or, truth pleading as well the necessity, as the lawfulness of this present vvar, for the suppressing of that butcherly brood of cavaliering incendiaries, who are now hammering england, to make an ireland of it: wherein all the materiall objections against the lawfulness of this undertaking, are fully cleered and answered, and all men that either love god, themselves, or good men, exhorted to contribute all manner of assistance hereunto. by jo: goodwin. goodwin, john, ?- . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing g thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) anti-cavalierisme, or, truth pleading as well the necessity, as the lawfulness of this present vvar, for the suppressing of that butcherly brood of cavaliering incendiaries, who are now hammering england, to make an ireland of it: wherein all the materiall objections against the lawfulness of this undertaking, are fully cleered and answered, and all men that either love god, themselves, or good men, exhorted to contribute all manner of assistance hereunto. by jo: goodwin. goodwin, john, ?- . [ ], , [ ] p. printed by g.b. and r.w. for henry overton, at his shop at popes-head-alley, london : [ ] date of publication from wing. annotation on thomason copy: "oct: ". reproduction of the original in the british library. eng great britain -- history -- civil war, - -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason e _ ). civilwar no anti-cavalierisme, or, truth pleading as well the necessity, as the lawfulness of this present vvar,: for the suppressing of that butcherly goodwin, john c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion anti-cavalierisme , or , truth pleading as well the necessity , as the lawfulness of this present vvar , for the suppressing of that butcherly brood of cavaliering incendiaries , who are now hammering england , to make an ireland of it : wherein all the materiall objections against the lawfulness of this undertaking , are fully cleered and answered , and all men that either love god , themselves , or good men , exhorted to contribute all manner of assistance hereunto . by jo : goodwin . be not afraid of them : remember the great lord and fearefull , and fight for your brethren , your sons , and your daughters , your wives , and your houses . nehem. . . all that take the sword , shall perish with the sword . mat. . . det rex legi , quod lex regi , .i. imperium ac potestatem . london printed by g. b. and r. w. for henry overton , at his shop in popes-head-alley . anti-cavalierisme , or , truth pleading as well the lawfulnesse , as the necessity of this present vvar. that which some in the gospell spake in great amazement , by way of glorifying god , upon occasion of an unexpected breaking out of his goodnesse and power , in a miraculous cure , it was never seene after such a fashion ( mar. . . ) may now be uttered by the inhabitants of this kingdome , with astonishment , to the everlasting shame and infamy of men ; upon occasion of the late breaking out of that fire of rage and cruelty , which yet burneth in the midst of the bowels of it , and threatens to consume the very foundations thereof , except it be seasonably quenched by a gracious raine from on high . and as all that saw that inhumane butchering and quartering out into pieces of the levites wife by her owne husband , cryed out , and said , there was no such thing done or seen , since the time that the children of israel came up out of the land of aegypt , untill that day , judg. . . so doubtlesse whosoever shall consider what bloody and horrid intendments and attempts against this nation , have passed the hearts and hands of some of her own children , may truly say , there hath no such thing been done or seen in the land , since god first caused men to dwell on the face of it ▪ what shall we think of that legion of devils ( i had almost called them ) who now possesse the land , and after the manner of devils indeed , seek all to rent and teare it in pieces ; i meane that colluvies , that heap , or gathering together of the scum , and drosse , and garbage of the land , that most accursed confederacy , made up of gebal , and ammon , and amaleck , philistims with the inhabitants of tyre , of jesuits and papists , and atheists , of stigmaticall and infamous persons in all kindes , with that bloody and butcherly generation , commonly knowne by the name of cavaliers ? have they not thorough some black art or other gotten the chiefe treasure of the land , the king , into their possession , setting him still in the front of all their desperate designes ; which are these , and their fellowes : . to pull those stars out of the firmament of the land , to dissolve and ruine that assembly ▪ which is by interpretation , or representation ( which you will ) the whole nation . . when they have opened this doore of hope unto themselves , to turn the lawes , and present frame of government upside downe . . to make havock and desolation , to roote out the generation of the saints rush and branch , men and women , young and old fearing god , out of the land . . to make rapine and spoile of all the goods and possessions , at least of all those that withstand them , and are not brethren in iniquity with them . . to build up the walls of jericho , to put lucifer againe into heaven , i meane , to advance the tyrannicall thrones of the hierarchie to their former heighth , or higher , if they know how . . by their authority and power to excommunicate and cast out all the pure and precious ordinances of god out of his house , and to supply this defect with antichristian , and spurious institutions . . to spread that veile , or covering of antichristian darknesse again over the face of the land , which god by a most gracious hand of providence had rent and taken off many yeares since ; to leaven the whole lump of the land , the second time , with the soure leaven of romish error and superstition . . and lastly , as is much to be feared , when they have served their tūrnes with , and upon the king , and used him as an engine to get all the stones together for their building , then to make rubbidge of him , as if they had honoured him sufficiently , to cause such sacred designes as these to passe thorough his hands , and made him instrumentall , or any wayes accessory in such angelicall atchievements . doe we thinke that the light of the knowledge of god shines in the hearts and consciences of these men ? have these men the minde of christ amongst them ? doe they know who is the lord ? or doe they not thinke rather , that baal , or belial is he ? have all the workers of iniquity ( saith david ) no knowledge ▪ that they eat up my people as they eat bread ? psal. . . i. e. that they injure , vex , and consume them with no more remorse , regret , or touch of conscience , then they eat and drinke to preserve their naturall lives : as if such men as these , the people of god , were made for the same end and purpose to them that bread is , viz. to be eaten up and devoured by them . have they no knowledge ( saith the prophet ) that they dare attempt such a thing as this ? implying ( as it should seeme ) that to vex , molest , persecute , and destroy the people of god , argues the most profound ignorance , and thickest darknesse in the mindes and understandings of men , that can likely be found there ; and that the weakest impressions or glimmerings of any true light of knowledge , would keep men from dashing their foot against this stone howsoever . if men had but as much knowledge of god , as pilates wife had in a dreame , they would take heed of having any thing to doe with just men . and these things ( saith our saviour to his disciples concerning those that should kill them , and thinke they did god service therein ) these things ( saith he ) they shall doe unto you , because they have not known the father , nor me , john . . if men had the least degree of the true knowledge of god in christ , they must needs have some knowledge of his people and children also : and if they know these , this knowledge would be as a hooke in their nose , or a bridle in their lips , to keep them from falling foule upon them , as the knowledge of christ the lord of glory , would have kept the princes of this world from crucifying him , had it been in them . and since we are fallen upon the mention of those men who are ready in a posture of hatred , and malice , and revenge , with other preparations answerable hereunto , to fall upon us , and our lives and liberties , both spirituall and civill , upon our estates , our gospell and religion , and all that is , or ought to be deare and precious unto us ; and in our miseries and ruines , to render our posterities more miserable then we , and have advanced their designe this way to that maturity and heighth , which we all know and tremble to think of : give me leave in that which remaines , to excite and stir you up , from the greatest to the least , both young and old , rich and poore , men and women , to quit your selves like men , yea , and ( if it be possible ) above the line of men , in this great exigency and stresse of imminent danger that hangs over your heads , and threatens you every houre , oh let it be as abomination unto us , as the very shadow of death , to every man , woman , and child of us , not to be active , not to lie out and straine our selves to the utmost of our strength and power in every kinde , as far as the law of god and nature will suffer us , to resist that high hand of iniquity and blood that is stretched out against us ; to make our lives , and our liberties , and our religion good against that accursed generation that now magnifieth themselves , to make a prey and spoyle of them , to make havock and desolation of them all at once , if the lord shall yet please to deliver us out of their hands . let not our lives , our liberties , our estates , be at all precious or deare unto us in this behalfe , to expose them , be it unto the greatest danger , to prevent the certaine and most unquestionable ruine of them otherwise : let us resolve to put all into the hands of god , to prevent the falling of all , or any thing , into the hands of these men . there is neither man nor woman of us , neither young nor old , but hath somewhat or other , more or lesse , a mite or two at least to cast into the treasury of the publike safety . men that have strength of body for the war , and fingers that know how to fight , let them to the battell , and not feare to look the enemy in the face . men and women that have only purses and estates , let them turne them into men and swords for the battell . men that have heads , but want armes and hands for outward execution , let these study and contrive methods and wayes of proceedings : head-worke is every whit as necessary in such a time and exigent , as hand-work is . they that have neither hands , nor heads , nor estates , let them finde hearts to keep the mountain of god , to pray the enemies downe , and the armies of the lord up : let them finde tongues to whet up the courage and resolutions of others . this is a service wherein women also may quit themselves like men , whose prayers commonly are as masculine , and doe as great and severe execution , as the prayers of men . as for little children that know not the right hand from the left , and so are uncapable of exhortation , or putting on this way , by their weaknesse and innocency ( innocency i meane , as concerning the enemies , and giving them the least cause or colour of their bloody intendments , as likewise in respect of the crying sins , and horrid provocations of other men ) they doe every whit as much towards the furtherance of the service , as men doe by their strength , by their wisdome , by their estates , or otherwise ; as we see in the case of gods sparing niniveh . the sixscore thousand children that knew not their right hand from the left , were the great intercessors , and chiefe mediators in the behalfe of the city with him . yea , the bruit beasts themselves ▪ the cattell , their case and condition working upon the goodnesse and graciousnesse of god , were contributors too in their nature towards this service : as is to be seen in the last clause of the place cited from the prophet jonah . and should not i spare niniveh ▪ &c. — and also much cattell . therefore now i beseech you that are capable of the great evils and dangers that threaten you , and are even at your doore , be not you wanting and backward in any thing that is in your hand to doe , if it be possible , and as far as in you lyeth , redeeme your lives with your lives , your estates with your estates , your religion with your religion , out of the hands of those men , set them all to work for their own maintenance and preservation : yea , if you know how to create more strength then you have , or to improve your selves seventy times seven fold above the proportion of any your present abilities , i beseech you doe it ; at least be willing ( as the apostle beares the corinthians witnesse they were , in a case not altogether unlike ) above that you are able , that so you may be sure to give out your selves to the utmost of your ability , the more freely . give me leave to set an edge upon you , to quicken and encourage you , to strengthen your hand to the worke , by the tender only of two motives , or considerations unto you . . consider that the cause , wherein you are desired and exhorted to appeare , and to engage your selves to the utmost , is like unto the law of god it selfe in those excellent qualifications of it : it is just , and holy , and good : there is nothing in it that should make you ashamed either before god , or justly-judging men , nothing that needs make you tender , or holding off in point of conscience . you are to stand up in the defence of your lives , your liberties , your estates , your houses , your wives , your children , your brethren , and that not of this nation only , but of those two other nations likewise united under the same government with this , in the defence of those religious and faithfull governours , that honourable assembly of parliament , whose power and priviledges you stand bound by your solemn vow and protestation unto god , ( besides many bands of conscience otherwise ) to defend and maintaine with your lives , power , and estates . yea , in defence of his majesties royall person , honour , and estate ; all which are now in eminent danger to suffer by that accursed retinue of vile persons that are gathered about him , as ivie about an oake , which never suffers it to thrive or prosper , till it be torne off from it . this , men that have their eyes open , may easily see and discerne ; though others make a mock and a scorn of such an assertion , as ridiculous : but so did lots sons in sodome , by that saying of his unto them , that the lord would destroy the place and city where they were , gen. . . which yet was a serious and solemne truth : yea , and further , you are exhorted to stand up in defence of the true protestant religion ▪ for the name and honour of your god , your ordinances , and ( which ought to be of very deare and precious consideration to you ) for the safe conveyance of that great treasure of the gospel over unto your posterities that are yet unborne . here is nothing in all this but what the manifest law of god , and the common light of nature , not only warranteth and alloweth in all men ▪ but even leadeth , perswadeth , yea , urgeth and presseth them unto . now how should not the goodnesse , equity , and righteousnesse of the cause be as precious seed , out of which a generation of sons and daughters shall be raised up unto it ? yea , and be spirit and life to the undertakers thereof ? and encouragement unto them , to plead it with the highest hand of meanes and endeavours they are able to lift up ? when there is a cause that hath the image and superscription of god upon it ▪ so full and lively as this hath , is it not pitty it should want orators to plead it , that it should suffer and fall to the ground , and none be found to take it up ? indeede if there were any occasion to make a stand in matter of conscience , if there were any thing doubtfull in the cause recommended to you , any thing to detaine your judgements and consciences in suspence , whether it were lawfull for you or no , to appeare in it , there were just cause to spare and to forbeare you , at least for a time , till you should be fully satisfied . but now the righteousnesse hereof being as cleare as the light , or as the sunne at noone day , why tarry you ? why are you not up in your might before this , to maintaine it to the uttermost ? yea , but say the rabbies and great disputers that stand by your enemies and strengthen their hand that they can not depart from their wickednesse , that cover , but it is with the covering of the flesh , and of the spirit of the world , not with the covering of the spirit of the lord : it is not lawfull ( say these men ) for you to oppose them , nor to contend any wayes by force against them , because by opposing them , you resist the king the lords anointed , whom god commands should be obeyed and submitted unto . if you conceive him to be your adversary , yet you ought to oppose him , ( or rather that adverse disposition of his against you ) onely with prayers and teares , and supplications unto god for him , and with petitorie and humble addresments unto himselfe , but to make no outward resistance at all . to this i answer , . by way of concession , that the king is to be obeyed , and that by the expresse commandement of god . submit your selves to every ordinance of man for the lords sake , whether it be unto the king , as supreme , or unto governors , as unto them that are sent by him for the punishment of evill doers , &c. pet. . here is submission to the king required in expresse termes , and they that yeeld not the submission here required , resist the ordinance of god ( as the apostle paul speakes , rom. . ) and by such resistance shall receive to themselves ( viz. without repentance ) {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} judgement , or condemnation : god will severely judge or punish them for this resistance . and for my part , i from my soule could wish and desire that the sad distractions and cont●stations betweene the two opposing parties in the land , might come to a comprimise , and be issued and ended upon this point : that party that makes most conscience of keeping that commandement of god which requires submission and obedience unto kings , to be submitted unto by the other ; and that to yeeld , and sit downe , which is most defective this way , and in whom lesse conscience of such obedience appeareth . only two things i desire may be taken notice of from this scripture where submission to kings is commanded : first , that a king or kingly government , is {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} an ordinance of man , or an humane creation ( as the originall properly signifieth ) which yet we know is no lesse generally then impudently , and in the face of expresse scripture to the contrary , denyed by the divinity and learning of the malignant faction , who by swelling the prerogative of kings to a monstrous and most unnaturall proportion , as if they had a minde to make it crack before they had done , have consulted all maner of miseries and calamities to the world , as well to kings themselves , as to their people . submit to every ordinance of man ( saith peter ) for the lords sake , whether it be unto the king , &c. therefore he supposeth the king or kingly government to be the ordinance , or creation , or creature of man ▪ and it is evident that so he is ; for there were kings over the heathen nations , with the forme of whose government god did no wayes intermeddle by way of any command or appointment concerning it , long before there was any king over * israel . nor was it the order or command of god , that there should be any king over israel , but he was highly offended with the people for desiring it . is it not now wheat harvest ? ( saith samuel to the people ) i will call upon the lord , and he shall send thunder , and raine , that you may perceive and see , how that your wickednesse is great , which ye have done in the sight of the lord in asking you a king . and though he condescended in a passive way , that they should have a king as they desired , yet as he tells them by the prophet hosea , he gave them a king in his wrath , and bid them in effect take him at their perils , if they would needs have him , he should deale but hardly by them . he would take their sons and daughters , and make them servile to him , as you have it . sam. . . it is true , in this sense a king , or kingly power and government may be said to be from god . . in a generall or indefinite consideration , as it is a government , not simply , or in it selfe unlawfull : for it is the will and appointment of god , that there should be some government or other in every society of men , yet not any government neither , not any that is unjust , unreasonable , or tyrannicall : and in this sense all formes of government that are lawfull and just , whether they be simple , as the three commonly known by the names of monarchy , aristocracy , democracy ; or whether they be mixt , having somewhat of two , or all of these simples in them , are equally and indifferently from god : not any one of them determinately , or with exclusion of the rest . for suppose all nations and societies of men in the world , from the foundations thereof untill now , should have set up and exercised only one and the same form of government amongst them , as viz. that which we call aristocraticall ( like that in the low-countries , by some chosen amongst them , whom they call states ) so that neither the monarchicall , or kingly government , nor yet the democraticall , nor any other government whatsoever had been ever practised in the world untill this day , we must not thinke that the world had herein sinned , in not using any other , no nor yet neglected any ordinance of god . because it is no ordinance or appointment of god that any particular nation or society of men , should have either this or that speciall forme of government amongst them , but only that they should have some kinde of government which is just and lawfull . therefore kingly government is no ordinance of god in this sense , viz. as imposed upon any nation or people by way of duty or precept to use and set up amongst them . but being set up in any people , it is warranted , and countenanced by god as lawfull , and obedience & subjection streightly enioyned thereunto . and therefore the apostles expression , rom. . . is very expresse and punctuall this way . let every soule be subject unto the higher powers , for there is no power ( .i. no iust and lawfull form of government ) but is from god , the powers that are , are ordained ( or rather ordered {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} ) of god . the powers that are : why doth he say the powers that are , are ordained , or ordered by god ? doubtlesse to shew , that there are some powers or formes of government , in actu signato , ( as the school-men speak ) that is , in respect of their species or kinde , which are not in actu exercito , actually exercised or taken up , nor need they be taken up by any state or people in the world . but for those that are , .i. that are de facto established , and set up by any people among themselves , ( speaking only of those that are lawfull ) these ( saith he ) are ordained , or rather ordered by god : .i. god by speciall instinct and work of providence ( q ) inclines the hearts of severall nations , some to imbrace and fall upon one , and some upon another , some upon that which is monarchicall , or kingly , others upon that which is aristocraticall , some upon that which is democraticall , &c. and withall commands , that that which every nation or people chooseth for it selfe , should be obeyed and submitted unto by those that have chosen it , and live under it , so long as it continueth : for the time is comming , when christ will put downe all rule , and all authority , and power . and this is another sense wherein kings or kingly government may be said to be from god , or to be the ordinance of god , viz. because where it is established and set up , he had a speciall hand in ordering and guiding the hearts of the people to choose it , before others , and withall commands it to be obeyed , as a government that is lawfull and authorized by him , not as commanded and enioyned by him . thus you have the first thing made plaine to you , which was observed from the place in peter , which was , that kingly power or authority is directly and properly the creation or ordinance of man , though there bee that in it also , which in a sense may give it the denomination of an ordinance of god ; viz. . as warranted or countenanced by him . . as ordered and taken up by those nations , who have subjected themselves unto it , by the speciall disposall and work of his providence . the second thing i desire you would take notice of from the same scripture , is this , that subordinate authority , and inferiour magistracy and power is as much the ordinance of god , as soveraignty and supreame authority it selfe is : and that god by one and the same command , requires us to submit our selves to inferiour magistrates or governours , as well as hee doth to kings themselves . reade the passage againe . therefore submit your selves to all manner of ordinances of man , whether , &c. so that it is a sin of the same nature , and renders a man obnoxious to the same danger or displeasure from god , to be found in disobedience to subordinate rulers under the king , as to the king himselfe ▪ but this for answer to the objection in the first place , by way of concession or grant , that the king doubtlesse is to be obeyed . but secondly by way of exception i answer further , that though the king be to be obeyed and submitted unto , yet this obedience was never intended by god to be universall , but with limitatation , viz. in such commands wherein a mans obedience to the king should not be found disobedience against god : for in these cases , that of the apostles peter and john to the rulers ▪ elders , and chiefe priests , must take place . acts . . whether it be right in the sight of god to obey you , rather then god , judge yee . the debt of obedience to god must alwayes be paid , whosoever looseth by the hand : though the truth is , that there is no creature , king nor other , that can lose any thing due to him , by any mans obedience unto god . the apostles were so confident of the righteousnesse of their cause in disobeying their rulers in that , wherein they obeyed god , that they feared not to make their adversaries themselves their judges therein : judge yee . if a king should command me not to pray for the generall good , or peace of the church or state where i live , or to forbeare the doing of any thing , which i conceive i am bound in conscience unto god to doe for the publique good , i am not in this case any whit more bound to obey the kings command , then the apostle peter and john were to obey the command of the rulers and elders who charged them to give over preaching the gospell , or then shadrack , meshach , and abednego were , to worship the golden image , because nebuchadnezzar commanded it . this limitation is plainly enough expressed in that very scripture , wherein we heard obedience unto kings commanded . pet. . . submit your selves ( saith the apostle ) to every ordinance of man , for the lords sake . if we ought to submit for the lords sake : .i. either for that love we beare to him , or out of conscience of that obedience which we owe unto him , we ought not to submit in any thing whereby god may be dishonoured or disobeyed . it is senselesse to thinke , that any thing can , or ought to be done for the lords sake , which cannot be done but to his dishonour , or ( which is the same ) with disobedience to him . yea , but it will still be objected , though it be true , that kings are not to be obeyed in any of those commands that are unlawfull , in an active way , we are not alwayes to doe what they would have us doe , nor to cease or forbeare the doing , of what they would have us forbeare ; yet are they even in such cases to be obeyed passively : men are to suffer patiently any punishment they desire to inflict upon them , for refusing any such obedience ; or however , they are not forcibly to resist . to these things likewise i answer : . that the unlawfull command of a king , may possibly be of that nature and condition , that a subject cannot disobey it , but by a strong hand , and taking up of armes , though not properly or directly against the king , yet against the command of a king . in such a case , disobedience to kings by a strong hand , and with forcible resistance , is not only lawfull , but even matter of duty and obedience unto god . for instance , a christian hath solemnly vowed and protested before god , to defend the lives of his godly and faithfull governours to the utmost of his power : or whether he hath made such a vow and protestation or no , it is not much materiall in this respect , because he stands bound in conscience otherwise , and by the law of god , to doe it . now suppose such a man cannot performe this vow , or doe that which is his duty to do otherwise therein , but by a strong hand , and taking up armes ; in this case , if a king commands such a man not to take up armes in relation to such a defence , it is evident that this unlawfull command of a king cannot be disobeyed , but by taking up armes against it . there are many other cases of the same consideration and rule with this . . i answer further , that it is one thing to offer violence to the person of a king , or ruler , or to attempt the taking away of his life ; another to secure a mans own life , or the life of another , whom we know to be innocent , and much more the publike safety , by strengthening a mans selfe to withstand the violent execution of any unjust command from a king , by those that have no right or lawfull authority at all , to doe any such execution upon us . as for offering violence to the person of a king , or attempting to take away his life , we leave the proofe of the lawfulnesse of this , to those profound disputers the jesuits , who stand ingaged by the tenour of their professed doctrine and practise , either to make good the lawfulnesse thereof , or else to leave themselves and their religion , an abhorring and hissing unto the world . as for us who never travelled with any desires or thoughts that way , but abhor both mother and daughter , doctrine and practise together , we conceive it to be a just prerogative of the persons of kings in what case soever , to be secure from the violence of men ; and their lives to be as consecrated corne , meet to be reaped and gathered only by the hand of god himselfe . davids conscience smote him , when he came but so neare the life of a king , as the cutting off of the lap of his garment . but as concerning a forcible withstanding , or resistance making , against a violent execution of any unjust command from a king , attempted by those that have no rightfull or lawfull authority to do such execution either upon us or others , yea though the king himselfe be at hand to second his instruments in the execution of such commands , we have sufficient warrant for the lawfulnesse hereof in the scriptures themselves . when ahab sent a cavaliere ( you may call him ) a man of blood , to take away the prophet elisha's head , as he sate in his house amongst the elders , king. . . did elisha set open his doore for him , and sit still till he took off his head , in obedience to the king ? no , he bestirred himselfe for the safeguard of his life , and called upon others to stand by him , and assist him against that outrage and violence intended against him : yea and this without any brand or blemish of any rebellion or disobedience to the king ; yea though he spake somewhat roundly and freely of the king himselfe . see yee not ( saith he to the elders that were with him ) how this son of a murtherer ( meaning no beggars , no lesse then ahab himself , the king ) hath sent to take away mine head ? take heed when the messenger commeth , and shut the doore , and handle him roughly * at the doore : is not the sound of his masters feet behinde him ? surely he that went thus far , for the safety of his life , when he was but in danger of being assaulted , would have gone further if occasion or necessity had been ; and in case the kings butcher had got in to him before the doore had been shut , if he had been able , and had had no other meanes to have saved his owne head , but by taking away the others , there is little question to be made , but he would rather have taken , then given a head , in this case . so when saul the king would needs have had jonathan put to death , yea , and had bound himselfe with an oath or curse to h●ve it so ( yea and that twice over for failing ) the people knowing that jonathan had committed nothing worthy of death ( though the king thought he had ) but that contrarily , he had deserved well of the state , and had mightily delivered israel , ( as the words of the text are ) delivered him by a strong hand out of the hand of saul . sam. . . neither is there the least aspersion or imputation cast upon this people for this fact of theirs , as if they had beene any wayes injurious or disobedient to their king . nay it appeares by the sequell of the story . that saul himselfe , though a man not of the best disposition , when the turbidum intervallum , the fit of passion was over , took it no wayes amisse at the hands of the people , that they had resisted him , in that unreasonable and inconsiderate designe of his against jonathan : but went on , and raigned peaceably over them . david in like manner , being unjustly persecuted by saul , and those gracelesse and base flatterers that assisted him in that ungracious designe , and being in danger of his life by them , did hee either sit still , to see whether god would in an extraordinary and miraculous way protect him or no ? or did he submit himselfe to sauls mercy , and lay downe his life at his feet ? no , but on the contrary , he provided himself with weapons , the best that were to be had . sam. . . and willingly entertained for the safeguard of life , and to make resistance against saul and his party , all the help of men he could come by , making himselfe an head or captaine over them . sam. . . and yet all this while david was but one single man , and that of a private and mean condition in comparison . and this ( my brethren ) is the very case that is now before you , or if there be any difference in respect of a justifiablenesse in the one above the other , all the advantage which certainly is very much , lies on your side ; your scale is much the better weight . the●e are sons of belial that are risen up against you , full of a spirit of hatred and revenge against you ▪ who partly in plaine words , and without parables ▪ partly by their insolent carriages and behaviours towards others of the same spirit and cause with you , threaten you with the utmost insolencies they can execute upon you , and ( in effect ) to stretch the line of miserable and wofull ireland over you and your city , and whole nation . these either have , or pre●end to have a warrant or commission from the king to doe what they doe , to make prey and spoile of you , your lives , and liberties , and all that you have ; just as the messenger had from ahab , that was sent to take away the prophets head ( as you heard ) or as those had from saul , that went to lay hold of jonathan to put him to death . now then the question is , whether it be lawfull for you to stand upon your guard in this case , and to seeke the preservation of your lives , and of those that belong unto you , wives , and little ones , &c. and if there be no other likely meanes for your safety , to destroy the lives of those that seek to destroy yours ; whether the command of the king ( suppose such a thing were , which yet i much question ) to wicked instruments to take away your lives , or the lives of those whom you are bound , by oath or otherwise to protect ; whether ( i say ) such a command ought more to prevaile with you to sit still and suffer the destroyer to execute his commission upon you , to take away your lives , or the command of god and nature which lies upon you to defend your lives , and the lives of such others , as we spake of , when they are assaulted , or in danger of assault ? this fairely and unpartially is the state of the present question . the great prophet elisha ( as we heard ) and the people of israel under saul , and the man according to gods own heart , resolved the question clearly enough by their practise . if it be here objected and said , it is true , such acts as you have related were indeed done by these men : but , quo jure , whether they did well , or lawfully in so doing , is yet in question : an act done by a good man , fearing god , is not therefore good , or lawfully done , because such a man doth it : the ancient fathers were generally polygamists : yet the plenty of their practise is but a defective proofe of the lawfulnesse of polygamy . in like manner , the actions mentioned , having no testimony of approbation from the scriptures , may very possibly be workes of darknesse , though done by children of light ; yea , though there be no expresse brand of unlawfulnesse set upon them by god : for polygamy it selfe hath this negative testimony of its innocency . to this i answer , first in generall : that though the goodnesse and holinesse of the person be not sufficient to authorize an act for lawfull , yet whilst the unlawfulnesse of it be clearly evicted by a contrariety in it to some command of god , it is a strong presumption , that an act performed by such a person , is lawfull : to the instance of polygamy in the fathers : i answer , that it was apparently a breach of the seventh commandement , and contrary to the first institution of marriage by god ; the tenour whereof , according to our saviours own extract out of the ancient record , runs thus , mat. . . and they twaine ( not they three , or they foure , or more ) shall be one fl●sh . and besides , it is plainly branded and condemned by the spirit of god , as sinfull , mal. . ▪ . as the generall vote of interpreters upon this place carryeth it . but there is not the least intimation given throughout the whole scriptures , of any thing sinfull or displeasing unto god , in what either elisha , or the people , or david did , in the particulars mentioned . those acts of solomon , commanding joab and shimei to be put to death , without any tryall or due processe of law against them , king . and so that of david , giving away mephibosheths estate to ziba , onely upon a displeasure conceived against him , with some others of other kings of judah , of like consideration , smelling too ranke of prerogative oyle , are much more questionable in point of lawfulnesse , and of farre more difficult reconciliation with principles of reason and equitie , and with the law of god it selfe then those other . but , . to the particular i answer . first , for the fact of the prophet elisha , calling out to those that were with him , to lay hands upon him that came armed with the kings authority and command , to take away his head , and to shut the doore against him ; that in this he did nothing but what was pleasing unto god , appeares from the circumstance of time , and that posture of spirit , wherein the prophet thus contended for his head against him that would needs have had it from him . he was now full of the spirit of god , and of prophecy : and was in that very instant , wherein his head should have beene taken from him , ready to cry out as a woman in travaile , and to bee delivered of that gracious message , which immediatly followes in the beginning of the succeeding chapter . now that so holy a man , and so great a prophet , should in that very point and instant of time , wherein he was full of the spirit of god , and ready to deliver a message from him of that high importance and unexpected grace to his people , fall into the soule sinne of rebellion against his lawfull king , is doubtlesse an incredibilitie of the first magnitude . secondly , the elders or statesmen of the kingdome , who were present , complyed with him in his motion , and assisted him in his opposition against the kings messenger , who came for his head ; laid hands upon him , and suffered him not to enter : which appeares from hence , because the prophets head stood still upon his shoulders . and this is yet a further confirmation of the lawfulnesse of that resistance , which he made , because it is unreasonable to thinke , that persons of that qualitie , and who cannot be conceived but to have understood themselves sufficiently in a businesse of that nature , being the peeres or chiefe officers of the kingdome , should have involved themselves in the danger and guilt of rebellion against the king : which ( doubtlesse ) they had done , had that act of the prophet , wherof they were abettors , had any streine or touch of rebellion in it . thirdly , and lastly , the king himselfe ( it seemes ) comming very shortly after into the place where the prophet and elders were , finding the execution , which in hot blood he had commanded , not done , the heate of his passion being somewhat over and abated , sate downe amongst them , and never so much as reproved either prophet or elders , for making the resistance they did to his messenger : which it is like he would have done , and that upon high termes , had he conceived either the one or the other to have beene within the verge of a rebellion ; or any other injury or indignitie offered either to his person , or to his crowne and dignitie . againe secondly for the people who delivered jonathan out of the hand of saul , there is no colour to conceive any thing unlawfull or unjustifiable therein . evident it is that themselves looked upon this fact before it was done , not only as a thing lawfull for them to doe , but as matter of dutie , and that which in conscience they were bound to doe . that expression of theirs implies as much : shall jonathan die , who hath so mightily delivered israel ? god forbid . ( sam. . . ) as the lord liveth there shall not one haire of his head fall to the ground . they conceived , that it had beene a sinne of a very high nature in them , if they should not have appeared for his rescue and deliverance , whom they not onely knew to be innocent , and to have done nothing worthy of death , but also to have wrought with god for their deliverance . nor is it easie to conceive what other ground or motive should have induced this people to runne the hazard of the kings displeasure in jonathans protection , then conscience onely : though its true , there is no intimation given of my complaint made , nor of any offence conceived by saul against the people for this fact of theirs , which is another argument of the lawfulnesse thereof , yea and of the unprejudicialnesse or in-offensivenesse of it to sauls kingly throane and dignitie , considering how tender and jealous saul was of these , and how impatient of the least touch ( yea though but imaginary onely ) in them , as appeares in the sequell of his history , especially by his violent persecution of david , upon very light and loose grounds of suspition this way . lastly , concerning davids gathering a strength of men and armes to him , whereby to make resistance against saul , or rather against that bloody association which conspired with him in a most unjust way , to take away his life ; evident it is , . that david , all the time of this his unjust persecution by saul and his complices , being still in eminent danger of his life , was more soft and tender conscienced then ordinary , and more afraid of sinning against god ; yea and prayed both more frequently and more fervently unto god to bee preserved from sinne , then at other times ; as appeares by many psalmes composed by him , during this his triall . now it is a thing altogether incredible , that a man otherwise according to gods owne heart , under the best and softest frame of spirit and conscience , that ever he liv'd in , and whilst hee made it his earnest prayer unto god daily to be kept from sinne , should so fouly miscarry , as to live in the sinne of rebellion against his lawfull king without repentance . . that he respected and honoured saul very highly , and was very tender of doing him the least harme . it is said , that his heart smote him , because he had cut off but the lap or skirt of his garment , sam. . . using moreover these words to his servents , whose fingers itch'd to have made sure worke with saul ; the lord forbid that i should doe this thing to my master the lords annointed , to stretch forth mine hand against him , seeing he is the anoynted of the lord , , vers . therefore certainly david in defending himselfe against sauls cavaliers with armes and men , neither offended god , nor wronged saul himselfe in the least measure . yea , . saul himselfe overcome with this expression of davids love and faithfulnesse unto him , acknowleded his innocencie , and the uprightnesse of his heart towards him , vers. . is this thy voyce , my sonne david ( saith saul ) and lift up his voyce and wept . and said to david , thou art more righteous then i : for thou hast rendred me good , and i have rendered thee evill . and thou hast shewed this day that thou hast dealt well with me , &c. saul did not onely acquit him from those high crimes , of treason , rebellion , sedition , &c. but from all manner of injury or iniustice at all done to him . and if saul against whom the offence ( if any ) had beene committed , iustifieth him , who shall with any colour of or equitie condemne him ? lastly ( for this particular ) the holy ghost himselfe gives this expresse testimony concerning david ; that he did that which was right in the sight of the lord , and turned from nothing that he commanded him all the dayes of his life , save onely in the matter of vriah the hittite , king. . . whereas , if that fact of his , defending himselfe by force of armes , against saul and his confederates in blood against him , had beene of any such interpretation as some would make it , ( by making other cases like unto it ) as either treason , rebellion , or the like ; doubtlesse this had beene an higher and greater matter of exception against him , then the matter of vriah it selfe . but yet further that their practise in the particular mentioned respectively , and so yours , being onely conformable thereunto , was , and is every wayes iustifiable ; and of perfect consistence with the rules of reason , equity and all good conscience , and no wayes derogatory to kingly power and authority , i remonstrate and prove by this one consideration . men that have no lawfull authority or power to take away the lives or goods of men , may very lawfully be resisted in any attempt they shall make , to doe either ; and if their lives miscarry in such attempts , they have their meanes in their owne hands , ( as we say ) their blood is upon their owne heads . this i suppose is a pregnant and knowne principle both in reason and religion . if a man assaults another upon the high way , and seekes to take away his mony or life from him ; if the person assaulted slayes the other se defendendo ( as the law speakes ) there is neither law nor conscience will take hold on , or reprove him for it . this proposition is manifest . i go on therefore and adde , but men can have no lawfull authority or power , by any warrant or commission from a king to take away the lives , or goods , of those that are innocent and have not transgressed the law , no not of those that are not in a lawfull way convicted for transgressors of the law . therefore such men as these may lawfully be resisted in any attempts they shall make either upon our lives , or our goods , notwithstanding any warrant , commission , or command they have , or pretend to have , from a king to doe it . and take that along with you which apparently followes from hence : if such persons so assaulted may lawfully resist such assailants , then may they every whit as lawfully provide themselves before hand of such meanes , where with they may be able to make the resistance when time comes . as , if it be lawfull for a traveller to kill a thiefe upon the way in the defence of his life , or money ; certainly it is lawfull for him to ride with a sword , pistoll , or the like , wherewith he may be able to doe it ; it is ridiculous to grant the lawfulnesse of an end , and to deny a lawfulnesse of meanes necessary and sufficient to attaine that end . but some ( it may be ) will deny that proposition , which affirmeth , that those men have no lawfull power or authority to seize upon mens lives or goods who are innocent , and as yet so reputed by the law , having the authority and command of the king to doe it . that therefore no unjust , or unrighteous command of a king , can enable any man with any lawfull power to put in execution any such command , i thus demonstrate ( though indeed it be a thing evident enough in it self without any demonstration ) no king can derive any power or authority to another , to any minister , officer , or the like , but only that wherewith himselfe is invested , and possessed of , either formally , or by way of eminencie and surplussage . but no king is himself invested with any authority or power to doe any thing which is uniust , or unrighteous therefore hee can not impart or give any such power to another : and consequently those that attempt or doe any thing by vertue of any uniust command from a king , had every whit as good doe the thing upon their owne heads and authority , without any warrant or commission from the king at all● the fact as touching the lawfullnesse of it , is but of one and the same consideration in both cases . now that a king himself hath no power or authority at all ▪ to doe any thing that is uniust or unequall , is yet more evident then the former , thus : all power that a king hath in point of government , is derived upon him , either by god , or by men , or both : but it is a truth of the cleerest evidence that neither the one , nor the other , neither god , nor man conferreth any power upon him to doe unjustly . concerning god , there is not the least question to be made : he gives no man authority to sin ; but layes his authority and command upon all the world to doe righteously : and as for men , supposing they be but reasonable men that have conferred the power upon a king , it cannot be thought , or once imagined , that they should give a power out of themselves , against themselves ; a power to injure , or to wrong either them or their posterity . and though they should be conceived to do a thing so inconsistent with reason and even common sence , yet such an act of theirs , were a meere nullitie : the king was never the more possest of any such power , because they that are supposed to have conferred it upon him , had it not in themselves , nor the least right or power to derive it upon any other . yea , but ( will the malignant doctors ) still object and reply , who shall be judge in this case , whether the command or commission of a king , given to an officer , or other subiect , to be put in execution , be uniust , or no ? is it not fit , that rather the king himselfe should be iudge in this case , then every private man ? is it fit to give way or allow , that every private man should scan , examine , iudge , and determine either the righteousnesse or unrighteousnesse of the kings command ? doth not such a liberty as this tend to dissolve the bands of obedience to superiours ? to poure contempt upon kings and rulers , and to fill the world with confusion ? to this i answer , first , that for many things that are commanded by kings and superiours , there needs little or no examination or sitting , whether they be lawfull , or no . their unlawfulnesse is written ( as it were ) in their foreheads , with such capitall letters , that he that runs may reade it . a man needs no skill either in arithmetique or geometrie , nor the use of any rule or square , to try either whether the bow be streight , or the string bent and crooked . halfe an eye is sufficient provision for this decision . the command of that idolatrous king nebuchadnezzar with his nobles , that men should worship his golden image , was so notoriously wicked , that those three servants of god , shadrack , meshack , and abednego , were not carefull to answer the king concerning it . dan. . . that is , they would never take time to study or consider whether they should obey it , or no . such was the command of the elders and rulers to peter and iohn , when they commanded them that in no wise they should speake or teach in the name of iesus . act. . . . besides many others both upon sacred , ecclesiastick , and civill record , of like condition and importance . . if it be not lawfull for inferiours to examine and enquire into the commands of kings , and other their superiours , whether they be lawfull or no ; then is there a necessity lying upon men by way of duty , to make men equall with god , and to iudge them as unerringly , as universally righteous and holy , as he ; which a man of conscience will hardly forbeare to call blasphemy . the sequell is evident : because men can rise no higher in their thoughts and apprehensions of god himselfe in this kinde , then to iudge him absolutely and unquestionably righteous , worthy to be obeyed , in whatsoever he shall command , without examination . . if men were either bound to , or lawfully might obey their superiors without all examination , there would be no place left for that command of our saviour , wherein he prohibites his friends and servants , to feare those that could only kill the body ; meaning by such , either only , or principally kings and rulers , who are commonly said to have potestatem vitae & ●ccis , power of life and death . there is no reason to thinke , that either kings or rulers should take away the lives of those that will comply with them in all their desires ▪ and commands : and as little reason is there for any man to thinke , that men should run the hazzard of being killed , by disobeying the commands and will of kings , if they might safely , and with the peace of a good conscience obey and comply with them . . it is no more disparagement or dishonour to kings or rulers to have their commands examined by those to whom they are directed and given , then it was for paul and the rest of the apostles to have their preachings and doctrines examined by the inferiour sort of christians that heard them . these were every whit as great ( if not far greater ) in spirituall authority and dignity , as kings themselves are in politique and civill . now the holy ghost is so far from reproving those , who examined the things which they heard from paul himselfe , that he hath left it upon record as matter of especiall commendation to them , that they daily searched the scriptures , whether things were so or no , as he had taught them , act. . . yea , the apostles themselves were so far from looking upon it , as any matter of prejudice to them or their reputations , that what they delivered and taught , should bee brought to the touch-stone by those that heard them , that they required this at their hands by way of duty , and exhorted them unto it . see cor. . . thes. . . &c. and yet far greater reason is there , why the teaching of the apostles should have been {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , .i. priviledged from account , then the commands of kings : because they had a promise of such a presence of the spirit of truth with them , that he should lead them into the way of all truth ; whereas kings , both in the framing and publishing of their commands , are left to an arbitrary assistance from heaven , after the manner of other men . . the wrath of god hath been revealed from heaven , .i. hath been shewed in very remarkable and exemplary manner , upon those who have swallowed the commands of kings , and submitted unto them in things unlawfull . those officers that obeyed king nebuchadnezzars command in casting those three innocent servants of god into the fiery furnace , were suddenly consumed by the flame that came out of the furnace ; whereas those that streined at the kings command , & exchanged it ( as the scripture phrase is ) meaning ( i conceive ) for the commandement of god , obeying this in the stead , remained untouched of the fire in the midst of the furnace , dan. . . so the men of israel that had obeyed the commandement of saul in giving their assistance to him for the persecuting of david , were punished together with saul , fleeing and falling down wounded before the philistines , as peter martyr hath well observed upon sam. . . so of that great host of assyrians , that joyned with their king in an unlawfull war against the church and people of god , there were . slaine in one night by an angel , king. . . to passe by all other examples of the severity of god in this kinde , that is most worthy consideration , which is recorded , chron. . it is said , ver. . that after the death of jehoiada , the princes of iuda came and did reverence unto the king , and that the king hearkened to them . not long after , they conspired together against zachariah , a faithfull prophet of the lord , for dealing faithfully with them , and at the kings commandement , stoned him with stones , in the court of the house of the lord , ver. . but ( saith the story , ver. . ) it came to passe at the end of the yeare , that the host of syria came up against him : and they came to iuda and ierusalem and destroyed all the princes of the people from among the people , &c. the just revenging hand of god , singling out from amongst many thousands , those persons by name , who had obeyed the king in a way of unrighteousnesse , though they were the chiefest and greatest of them , and in that respect ( in all likelihood ) kept furthest off from the danger , and had more outward provision for their safety , then others . . ( and lastly for this ) if this liberty we speak of , of examining the commands of kings and other superiours , were granted unto , and used by those that are in subjection , it would not devest or bereave kings or rulers of any obedience at all , that were worth the having or receiving from men , or that were truly honourable or safe for them to receive . all that in reason it could be conceived to doe in this kinde , is to prevent and cut off all such obedience from kings , which would endanger their cutting off , and their states and kingdomes with them . if this liberty , or duty rather , of examining the commands of superiours , had been preached and pressed upon the consciences of men with that authority and power , which the truth and high concernment of it will beare , or rather ( indeed ) required , those crownes might have flourished upon the heads of kings , which now begin to droope and languish ; and those nations enioyed abundance of peace under them , the foundations of whose safety are now shaken . ephraim is oppressed and broken in judgement , because he willingly followed the commandement , viz. of king jeroboam , who commanded the worshipping of the golden calfe . hos. . . here is the fruit of the forwardnesse of a nation to obey and comply with an idolatrous king , even to be oppressed and broken in judgement ▪ .i. not only to be sorely afflicted , but utterly ruined and destroyed , and that in a course of iustice , and of the righteous proceedings of god against them . in this cup of trembling and astonishment which they were compelled to drink from the hand of god , there was none other ingredient , but their own wayes ; and that which it seemes was predominant in the mixture , was their forwardnesse to side with their king , in that false religion and worship which he maintained . and for the ruine and destruction of jeroboam himselfe and his house , that is much considerable from the pen of the h. ghost , that it is not ascribed so much to his sin & wickedness in comm●nding idolatry , as to the sin & wickedness of the people in obeying . and this thing ( saith the history , speaking of jeroboam's calfe , and command given to the people to worship them . king. . ) turned to sin , meaning to a provocation of a very high nature , to such a sin , which even rooted out and destroyed the house of jeroboam from the face of the earth . cap. . . but how , or by what meanes did jeroboams calves and idolatrous commands concerning them , turne to such a sin or provocation , as was his ruine ? the holy ghost ascribes this to the obedience of the people in this behalfe : and this thing turned to sin : for the people went to worship before the one , even unto dan. clearely implying , that that sin which was the ruine and rooting out of ieroboam and his house , was not so much his wicked and idolatrous command , considered simply and in it selfe , but as it found obedience and subiection in the people . the people in true accompt , who magnified ieroboam in his commands , above god in his , were they that ruined both ieroboam and his house . and generelly , all that kings and princes gaine , by an unlawfull subiection and obedience from their people , is little else but the kindling of the fire of gods iealousie against them . i am the lord ( saith god , esa. . . ) this is my name : and my glory will not i give to another , .i. i will not suffer it to be given to , nor to be received by another ; i will sell it deare to him that shall own it , and will recover it out of his ruine . we know herod was smitten by an angell from heaven , and soon cast up that morsell of divine honour which he had swallowed , by a miserable , shamefull , and loathsome death . as those that make images of wood , stone , silver , go●d , or the like , to be adored and worshipped , doe the greatest iniury that may be to those poore innocent creatures ; they expose them to the fury and iealousie of god , whereby they commonly suffer a dissolution of their beeing before their time , as the brasse whereof the brazen serpent was made , did , being broken all to pieces , when incense was once offered unto it , kin. . . and the gold whereof aarons calfe was made , being burnt in the fire , and stamped and ground small , even to very dust , and this also cast into the river , deut. . . so they that will devest the great god of heaven and earth , to cloath kings and princes , or whomsoever , with the spoiles of his name , as all those doe , who obey them with disobedience unto god , as in one sence they make them gods , so in another , by making them gods , they make them indeed more men then they were , more obnoxions to his displeasure , who hath the command of their life and breath . consider that passage ( to omit many others of like importance ) which you shall finde , esa. . . and the strong , .i. the idoll , either because in the idolaters conceit , it is strong like a god , or rather strong , in respect of the firmnesse and durablenes of the matter of it , shall be as tow , and the maker therof , as a spark : they shall both burne together , and none shall quench them . marke well : how strong and durable soever the matter is , whereof the idoll is made , whether it bee the best heart of oake that can be gotten , or the hardest and firmest stone , silver , gold , or the like , or if there be any thing more durable , and more resisting corruption , then these , yet being made an idoll , it becomes as tow , i. of a very weake and perishable nature : and the maker of it ( saith he ) shall be as a sparke , viz. to set this tow on fire ; meaning that he is the cause both why that good substance , which was made into an idoll , perisheth so suddenly , and likewise of his owne perishing by the hand and iudgement of god . in like manner , when men or women shall make idols of kings and princes , and great men , and fall downe before them , and worship them with divine worship , as all they in effect doe , who yeeld obedience unto them against god , what doe they else but shake the very foundations of their lives , and present beeings in the world , and call for the fire of gods iealousie from heaven to consume them : whereas on the contrary , those that soberly , and out of conscience refuse to obey them upon such termes , i meane , against god , they doe them as good service , if they would please so to apprehend and interpret it , as mordecai did to king ahashuerosh , when he revealed the treason of the two eunuchs against him . he that refuseth to obey a superiour in an unlawfull command , giveth notice to him , that his foote is in a snare of death , and that his preservation stands in his desisting and repenting . i shall mention only one obiection more wherewith that unhappy learning of the contrary side , useth to be very importune , and to triumph much in it . the christians in the primitive times submitted themselves with patience to those most uniust and cruell commands of the heathen emperors , when they sent their officers to put them in execution , and to take their lives from them : they never resisted , nor stood upon their guard , but tooke even death it selfe , yea , and many times torments worse then death , patiently . and whereas this might otherwise be sufficiently answered , that they made no resistance , because they were not able , they had no considerable strength to make good any resistance ; to take away this answer ; they usually cite a place out of one of the fathers , tertullian by name , wherein he disclaimes this ground of their patience in suffering , writing unto the states , or senators of the empire , affirming , that they had a considerable party of christians in their dominions , whereby they were able to have made resistance against them . because this objection is matter of so much confidence and triumph to the adversary , i shall desire leave to examine it the more thoroughly , and to search the bottome and foundations of it in my answer to it , i shall first speake to the testimony propounded , and consider the validitie or likelihood of the truth thereof ; and secondly , ( for argument sake ) the truth of it being granted or supposed , we shall indeavour to shew of how little force or concernment it is , any wayes to disable the truth of that position we have in hand , which justifieth a resistance against the violent execution of any unjust command from kings , in those that are assaulted under pretence thereof ; therefore as concerning the testimony of tertullian , touching the sufficiencie of strength the christians in his time should have to resist the emperour and all his power . i answer . first , that this father might easily be mistaken in taking the proportion , and making the estimate of the strength and power of christians within the compasse of the roman empire , in comparison of the strength of those that were ready to oppose them . this was no point of faith , nor of christian religion ; and therefore a devout father might easily fall under a misprision herein . the common saying indeed is , that unicuique in arte sua credendum , i. e. every man is to be beleeved in his owne art or profession , but no rule of charitie or reason bindes us to believe another in any thing which belongs to the art or profession of another , and wherein himselfe is little versed or exercised . now to weigh the strength of a kingdome , state , or empire , ( as it were ) in a ballance , and to make an estimate of , and compare together the power of severall parties or divisions of people in it with so much exactnesse , as to determine which is the stronger , and which the weaker , belongs to the profession and imployment of a states-man , not of a divine , orminister of the gospell , of one that sits at the sterne of the empire , not of one whose heart , and time , and strength are taken up with the studie of the mysteries of heaven , yea for a states-man himselfe to be able upon sufficient grounds , precisely to determine such differences as we speake of , i meane betweene the strength and strength of different parties in a state , where there is any neerenesse or appearance of an equality , wil require both double diligence and treble sufficiency in him otherwise . . how easily might he mistake and miscarry in a matter quite beside his profession and course , who not long after miscarryed so grievously in his owne , as to turne montanist , who called himselfe the holy ghost , and to approve of the dreames and furious fancies of those two vile women , maximilla and prisca ( montanus his wicked associates ) for true prophecies . yea stayed not here neither , but joyned himselfe with those heretiques called cataphryges , who condemned second marriages as adulterous and prohibited by god : besides divers other misprisions in his owne profession , which would take up too much time to insist particularly upon : a memorable example and warning ( as it were ) from heaven , how unsafe and dangerous it is to build upon the authority of men . . it is well observed by one , that there is an aptnesse and pronenesse of inclination in much devotion , in persons devoutly given , to over-value the workes and piety of other men . now this father out of such a principle or inclination as this is , desirous to extoll and magnifie the patience of christians , might easily draw in such a circumstance as this for such a purpose , upon very weake and slender grounds for it . . it is generally observed and knowne by the writings and records of these times , that even in the pious and orthodox fathers themselves there were some touches and st●eines , some fibrae of that roote of bitternesse which afterwards grew ranke , and flourished above measure in the times of popery , yea and brought forth fruit abundantly unto death . i meane , an inclination to credit and countenance their religion in the sight of the heathen and the world about them , by very slender reports and relations of things , as of miracles , visions strange accidents , &c. which are generally rejected , as fabulous and false , by the sounder and more considerate knowledge of these latter dayes . . supose there might be considerable numbers of men of the christian party in the empire ( though to me it is one of the things i least beleeve ) to withstand the heathen party therein , yet doubtlesse these were kept under , as the israelites were in aegypt , when they began to multiply . it is no wayes likely , that if they were any wayes formidable for their numbers , that they should be suffered to have any proportion of armes or meanes , either of offence or defence , in case they were assaulted . it being contrary to all reason and rule of state , to suffer a party of an opposite religion to the state , and worshipping another god then the state allowed , growing to any considerable numbers within them , to have farther any such proportion or quantity of weapons , armes , or meanes in any kinde , whereby they might endanger and become formidable to the state . now then granting that which this father spake concerning the numbers of christians amongst the heathens , that they had number for number , man for man , and in this respect might seeme to ballance them , and be able enough to resist them ; yet wanting armes and other meanes of defence , wherewith it cannot be conceived but that the adverse party abounded , it had been in vaine for them to have made resistance when violence was offered unto them . and thus much for the first part of my answer , to shew the questionablenesse , or rather indeed the great unlikelihood of the truth of that testimony , which is brought to support the objection propounded , which otherwise would fall to the ground of it selfe . i goe on to the second part of my answer , which is to prove and to shew , that though the testimony be admitted for truth , yet the objection will not reach the question , or case in hand . therefore suppose we the father that spake as we have heard , viz. that the christians under the heathen emperours should be able enough to have defended themselves , yea to have opposed the emperour himselfe with his party , spake nothing herein but the truth ; yet it doth not follow , that all those of his profession , i meane all the christians that were scattered up and downe the face of the empire should have the same apprehensions with him herein , should thinke themselves strong enough to resist their adversaries , in case they were opposed . those particular persons that were called out here and there , some after others , to suffer , might very probably , yea , could not lightly but conceive and thinke , that if they should have made any resistance against them that came to lay violent hands upon them , and to put them to death , they should have but enraged their malice against them the more , and so have encreased their own torments : yea , and happily have provoked the heathen party , to rage so much the more against their christian brethren , who yet remained amongst them . so that in those that were called to suffer , it had been both want of wisdome , in respect of themselves , and of charitie in respect of others , if they should have made the least resistance against those unjust and bloody officers , that were sent against them to take away their lives . if it be here replyed and said ; yea but the whole body and partie of christians throughout the empire , having sufficent strength might have agreed to have risen up at once , and have suppressed their adversaries , if they had judged it lawfull . to this , answer hath in part been made already : as first , that it is no waies probable that they had any sufficiencie of strength , no not of men , to have made good such an attempt , much lesse that they had any competent provision of meanes otherwise , which had been requisite therunto . secondly , that though it should be granted , that they had a sufficiencie of strength both wayes , yet is it no wayes necessary that therefore they should all be of the same minde and judgement touching this sufficiencie ; that they should all be perswaded that their party were strong enough to deale with their adversaries . we know that many attempts , projects , and undertakings which have been in treaty and agitation , have been deserted and laid aside , only through the different judgements and apprehensions of those that vvere concerned , and to have been engaged therein , touching the expedience or feaceablenesse of them . as that proiect of achitophell for the immediate and close following of david , was deserted by absolon , and his party , and not put in execution , because of the different advise which hushai the archit gave . a late instance hereof vve had likewise amongst our selves : that dangerous designe of bringing up the army out of the north against the parliament , proved abortive , the execution of it never seeing the light of the sun , through the different opinions of those that were , & were to have been in speciall maner concerned therin ; some conceiving it to have been a proiect deserving the name of none such ; others no wayes daring to adventure themselves , their lives , and fortunes , nor some ( perhaps ) their consciences , upon it . in like manner for the christians living within the romane empire , to have made head and risen up ageinst the maine body and state of the empire to suppresse them , had been an enterprise of that dangerous and grievous consequence , in case it had miscarryed : especially the grounds of the successe of it being so uncertaine and weake as they were , that it hath not the least appearance or shew of likelihood , that ever it should be generally consented unto by the whole society of the christians ; without which there was no attempting the putting of it into execution . to this may be added . . that suppose the christians wee spake of had been generally confident of their strength and had made little question but that they might have carried it against the emperor and his ; yet having no invitation , countenance or command from any authoritie , rule , or lawfull power in the empire to attempt any such thing , their case was farre differing from ours who are invited , countenanced , encouraged , and some waies commanded by as great and as lawfull an authority as this state hath any , to doe what you have been exhorted to doe in opposing the rage and violence of that malignant and blood-thirsty generation , who having stollen away the heart of the king , make use of his name to make havock and spoile of your lawes , liberties , estates , lives , religion , yea of the peace , honour , and safety of the whole kingdome . it is the expresse command and ordinance of god that inferiour magistrates , and rulers should be obeyed as well as kings , as we observed formerly out of that of peter , pet. . , . therefore submit your selves unto every , or all manner of ordinance of man , for the lords sake , whether it be unto the king as unto the superiour , or unto governours , as those that are sent of him , for the punishment of evill-doers , &c. so that inferiour governours are by the expresse commandement of god to be obeyed , as well as the superiour . now then put the case that the inferiour governour requires that which is only honest , agreeable to the laws of god and of nature , as , viz. that we should doe our best to defend our selves against those that contrary to all law and conscience assault us ; the superiour , that which is contrary to both , viz. to sit still whilest our lawes , liberties , estates , lives , friends , godly magistrates , and religion it selfe , are indangered , and ready to be taken from us ; the question in this case , whether we are to obey the inferiour or superiour authority ; ( the command of god indifferently extending it for obedience unto either , in things that are lawfull ) is easily resolved , except men will complaine and say it is darke at noone day . when it shall be substantially proved unto us , that an unlawfull command from a superiour magistrate , dissolves and makes void that commandement of god , whereby we stand bound to obey the inferiour , in that which is lawfull ; we may then have cause to make a demurre touching the goodnesse of the cause ; but till then we may be bold to say , it is day , when the sun shineth . this then is a difference very considerable , between the case of primitive christians , and ours , in the point in hand , supposing they had power to defend themselves against the persecuting agents and instruments of the emperour , yet had they not any countenance or command from any authority in that state to doe it , which we have in ours . . still supposing ( that which yet is never to be granted , till it be better proved ) that the primitive christians we spake of ▪ had a sufficiency of power , to have defended themselves against the persecuting emperours , and did it not , yet there may be this reason given , why they should rather patiently suffer , than make resistance , because whilest they were yet heathen and unconverted to the christian faith , they consented to that power or authority in the emperour , whereby he made those bloody edicts for the persecuting and murthering of poore christians . now it had been a very unreasonable thing and justly offensive , both in the eyes of god and men , if the same persons who had established a power or authority in the hand of a ruler , should have resisted or opposed him , or his agents and ministers in the execution of it . a servant of god , though he sweares or bargaines to his owne hurt , yet must he not change , as you have it , psal. . . but wee are under no such ingagements , or bands , and therefore have a liberty which they had not : for though a mans consent to an unlawfull power , be in absolute and simple consideration a meere nullity , and such a power never the more lawfullized thereby ; yet by all rules of reason and equity , such a consent ought to be a bar against him that hath given it , that he shall not , for any carnall benefit or advantage , breake out against him that exerciseth this power by vertue of such consent , meerly for such exercise sake . . be it granted that the christian party in the romane empire was very great ( as is pretended ) yet could it in no sence be called or looked upon as the whole state or body of the empire , as the paril mentary assembly is amongst us . this in a representative and legall consideration , is the whole body of the nation , and of all the persons in it , having the same power and authority by law , and in conscience too , to do every whit as much in every respect , as the whole nation , and all the particular persons therein could have , if they were met together . now that may be lawfull for an entire body or society of persons to doe , which may not be lawfull for a part , or some few of the society , save only in conjunction with the whole . the parliament ( we know ) being interpretatively , and in consideration of law , the whole body of the kingdome , hath a lawfull power , both to doe and command many things , which a far greater part or number of men in the kingdome , have not ; no , all the kingdome besides hath no such power , as they : and many things may be done very lawfully , and with a good conscience , by vertue of their appointment and command , which could not be done upon any such termes without it , though a thousand times more men or persons then they are should command them . . supposing they had such a power as we have oft supposed ( but never granted positively ) and that it was lawfull for them to have made resistance accordingly , yet may god by way of speciall dispensation ▪ and for very great and considerable ends of his , hide this liberty we speake of from their eyes ; that they should not see it to make use of . wee know there were many in the apostles time , who eat hearbs , when as yet it was as lawfull for them , in respect of any command of god to the contrary , to have eaten flesh ; but yet they did better to content themselves with hearbs , when god had not revealed and cleared up this liberty unto them . and yet they did as well as they too , who seeing their liberty in this kinde by the cleare light of the gospell , did take it , and eate flesh . consider that passage of the apostle , rom. . . he that observeth a day , observeth it unto the lord : and he that observeth not a day ▪ observeth it not unto the lord . he that eateth , eateth unto the lord ▪ for he giveth god thanks : and he that eateth not , eateth not unto the lord , and giveth god thankes . whereby it is evident that the forbearance of some actions by some men , wherein they approve themselves unto god , doth not at all prejudice or gainesay the like acceptation of others in their doing them : yea that some men may be bound in conscience to forbeare that , which another with a good conscience may doe . and this doubtlesse is ( if the testimony of tertullian mentioned be true ) the case betweene those primitive christians , and christians in these dayes . they might out of tendernesse of conscience , and out of an apprehension of some unlawfulnesse in it , forbeare to vindicate themselves against those bloody bucthers , that were set on worke by the emperours to destroy them : and yet christians in these dayes , seeing their liberty in this kinde , may as lawfully resist those that shall come against them in the like manner , as the other forbare it . if it be here objected and said that it is no wayes like that the church of god should generally be ignorant of such a libertie as wee speake of and challenge , if there were any such liberty indeed ; is it credible that god should hide such a point of truth as this from them all ? i answer first , it is not necessary to suppose that it should bee hid from them all without exception : it is sufficient for our purpose if it were hid from their teachers , and those that were leaders to the rest , upon whose judgement ( in things of this nature ) the generality of people then much depended . but secondly , if there were many ministers of the gospell and teachers ▪ even in the apostles times themselves , that were ignorant of that liberty which the gospell brought with it to the world , for the eating of flesh , the non-observation of dayes and of circumcision , &c. or at least were so faire ignorant , that they were not able to informe and satisfie the generall sort of christians therein , it may very well be conceived , that some hundreds of yeares after , when the light began to darken and wax dim ( in comparison ) they might now be generally ignorant of such a point of liberty as this we now speake of , at least so farre ignorant , as not to be able to satisfie the generalitie of their people therein . especially if we consider , thirdly , that from the dayes of the apostles , untill their numbers and strength were raised and increased to the supposed pitch of a sufficiencie to resist ( which was not lesse then neere . yeares ) there was no occasion , of studying , or looking into the point : they had beene in never the better case , whether they had had that liberty we speake of or no ; and therefore it is no marvaile if they neglected the searching after it . and when cases of conscience ( as this was ) lie unstudied and uninquired into , neither is it any marvaile if the resolution or state of the truth in them , bee not generally knowne . fourthly , that spirit of courage , patience and constancy , which god poured out abundantly upon his church & servants in those times , whereby they were so strengthned and incouraged to suffer , that martyrdome seemed a desirable thing unto them , might be a speciall reason and meanes to take them off from inquiring into , or so much as thinking what their lawfull liberty might be in the case we speake of . men that have a full estate in faire rents , as much as they can well spend , and as their heart desireth ▪ are not like , have no occasion to busie themselves in studying the case of usury , as whether it be lawfull to take increase for the lone of mony , or no ; which he that hath his estate in mony , hath . whilst the israelites were fed by god in an extraordinary way by manna from heaven , there was no necessitie or occasion for them to plough and sow . so whilst christians were furnished with an extraordinary strength from heaven , to offer themselves up in martyrdome , their edge must needs be taken off hereby , as from seeking meanes to escape it , so from studying cases and questions about the lawfulnesse of escaping . fiftly , whilst there lay a confessed necessity of suffering upon christians , i. e. till the supposed strength of resistance came to them ( which as was noted before , could not be much lesse then . yeares ) martyrdome was so extolled and magnified by the generall acclamations of the ministers , and continuall panegyricks , and orations made in praise thereof , that it is like no man would for a long time be endured , that should teach any doctrine that might any wayes seeme to take men off from the desire thereof . as there are many doctrines and points of religion amongst our selves that have beene a long time taught with so high an hand , and generally received with so full an applause , that it is not safe for any man to appeare so much as in a seeming opposition to them , ( though with never so much modestie and tendernesse . ) but , sixtly ( and lastly for this ) whether god was pleased to make use of one or both of their particulars last mentioned , or any other like unto them , as a meanes to hide that libertie of resistance wee speake of from the eyes of the primitive christians , or no ; certaine it is , that the frame and tenour of his after dispensations , did require , that such a libertie should be hid from them ; or at least that they should not make use of it ; as on the contrary , the nature and purport of those dispensations which god hath now in hand , requires that this libertie should be manifested and made knowne unto christians . we know that according to the counsell and foreknowledge of god , antichrist was then to come into the world : as now wee know that he is about to be destroyed and cast out of the world . now this is a generall rule , looke what truthes were necessary to be shut up and concealed from the churches of christ , that antichrist might passe by , and get up into his throane ; the discovery and letting out of the same into the world , are necessary for his pulling downe . for certaine it is , that antichrist could never have gotten up into that throane , whereon hee yet sits and shewes himselfe in his sacrilegious glory , had not god by speciall dispensation suffered him to make many truths his footstoole . if all truths had beene clearely taught in the church of christ , and accordingly received and beleeved , it had beene impossible that ever such a monster should have gotten into the temple of god , that should exalt himselfe above all that which is called god . but god causing a dead sleepe ( as it were ) to fall upon those truthes , which should in speciall manner have opposed him , hee had the opportunity without much contradiction or noyse to steale and convey himselfe into that cathedram pestilentiae , that chaire of papall state , which yet he possesseth . now amongst many other truths that were of necessity to be laid asleepe , for the passing of this beast unto his great power and authority , and for the maintayning and safe-guarding of him in the possession hereof , this is one of speciall consideration ; that christians may lawfully in a lawfull way , stand up to defend themselves , in case they be able , against any unlawfull assaults ; by what assailants , or by what pretended authoritie soever made upon them . for had this opinion beene timeously enough , and substantially taught in the church , it would certainly have caused an abortion in antichrists birth , and so have disappointed the divell of his first-borne . had not the spirits , and judgements , and consciences of men beene as it were cowed and marvellously imbased and kept under , ( and so prepared for antichrists lure ) by doctrines and tenents , excessively advancing the power of superiours , over inferiours , and binding iron yokes and heavy burthens upon those that were in subjection , doubtlesse they would never have bowed downe their backes so low as to let such a beast goe over them , they would never resigned up their judgements and consciences into the hand of such a spirituall tyrant as he . so that you see , there was a speciall necessitie for the letting of antichrist into the world , yea and for the continuance of him in his throne , that no such opinion as this which wee speake of , whether truth or untruth should be taught and beleeved ; i meane , which vindicateth and maintaineth , the just rights , and liberties , and priviledges of those that under authority , and subjection unto others . whereas , now on the contrary , that time of gods preordination and purpose , for the downefall of antichrist , drawing neere , there is a kinde of necessitie , that those truths , which have slept for many yeares , should now be awakened : and particularly that god should reveale and discover unto his faithfull ministers , and other his servants the just bounds and limits of authoritie , and power , and consequently the just and full extent of the lawfull liberties of those that live in subiection . evident it is , that they are the commonaltie of christians , i meane christians of ordinary ranke and qualitie that shall be most active , and have the principall hand in executing the judgements of god upon the whore ▪ consider that place , revel. . , , . and i heard another voyce from heaven say , goe out of her my people , that yee be not partakers in her sinnes , and that ye receive not of her plagues . for her sins are come up unto heaven , and god hath remembred her iniquities . reward her even as she hath rewarded you , and give her double according to her workes , and in the cup that she hath filled to you , fill her the double . now that this service shall be performed unto god by them ( christians i mean of under rank and qualitie ) contrary to the will , desires , or commands of those kings and princes under whom they live , it appeares by that which immediatly followes , verse . and the kings of the earth shall bewaile her and lament for her , which have committed fornication and lived in pleasure with her , when they shall see the smoake of her burning . it is evident that the people of god spoken of before , were subiects to these kings , that should bewayle the whore in her ruine ; for they are such as come out of babylon ; which could not be , except they had lived under those kings that were babylonish , and had given their kingdomes to the whore , and by whom babylonisme had been countenanced and set up . and that these ( or at least the greatest part of them ) should no wayes consent to the destruction of the whore by their subiects , it is evident by this ; they should waile and lament over her , when she is destroyed . as for that which is found in the former chapter concerning the . kings ( rev. . . ) into whose heart god hath put it to give their kingdomes or power to the beast , where it is said , that these should hate the whore and make her desolate , and naked , and eat her flesh , and burne her with fire ; i conceive this is not meant of the persons of kings , but of their states and kingdomes , i. e. of the generalitie of their people under them . . the expression , will fairely , and with full consonancie to the scripture language elsewhere , carry this sence and interpretation ; the bodies of states or kingdomes indefinitely taken and considered , being usually signified by their heads , as dukedomes by dukes , kingdomes by kings , &c. as wee have had occasion formerly to observe more at large when we produced severall instances from the scriptures of this kind of phrase . i shall ( for the present ) be your remembrancer onely of that one , dan. . . with verse . where verse the . the foure great beasts are said to be foure kings that shall arise out of the earth . yet verse . it is said that the fourth beast shall be the fourth kingdome upon earth , which shall be diverse from all kingdomes , i. e. all the other three kingdomes formerly expressed by three kings . i could direct you to severall other texts of scripture where the same manner of speaking is found ; but that i hasten . . if we take the word , kings , properly , i. e. precisely for the persons that are the heads and chiefe rulers of kingdomes , in that scripture , and will say , that these shall hate the whore and make her desolate , &c. i apprehend no possibility ( for the present ) of reconciling this place , with that other mentioned , rev. . . where it is said , that the kings of the earth who have committed fornication and lived deliciously with her , shall bewaile her , and lament for her , when they shall see the smoke of her burning . certainely they that shall hate her , and helpe to make her desolate , and to burne her with fire , will not bewayle her , nor lament over her , after such a manner , as is farther expressed in that which followes in this chapter . as for that exposition , which by the kings of the earth that should bewaile and lament over the whore in her burning , understandeth cardinalls , arch-bishops , bishops , &c. who in their port and pompe are as kings , it seemeth not probable ; i rather conceive these to be the merchants of the earth that should weepe and waile ever her , because no man buyeth their wares any more , vers. . and who are said to have waxen rich , by that long trade and trafique they had had with the world , in those babilonish commodities . therefore they are the ten kingdomes indefinitely considered . i. persons living within the ten kingdomes , not the ten kings personally and properly taken , that shall hate the whore and make her desolate , and burne her flesh with fire . now this promise and prediction of god concerning the destruction of the whore by christians of inferiour ranke and qualitie , can hardly be conceived however it should be fulfilled or take place , except the judgements and consciences of men should be losed and set at libertie from the bands and fetters of those enslaving doctrines and apprehensions , wherewith they had beene formerly oppressed and made servile above measure , to those that were in place and authority over them . thus then we see a ground and reason fully satisfactory , both how and why the christians in the primitive times , whilest antichrist was in comming , might well be ignorant of that liberty , the knowledge whereof would have kept him from his throne ; and also why that liberty should now be revealed by god and taught unto his people ; the ignorance whereof would still keepe and continue him upon his throne , when gods will and pleasure is that he shall be throwne downe . and this for answer to the objection last propounded ; and for the sixt particular , by way of answer to the maine objection . but , . ( and lastly ) whatsoever the credit or authority of tertullian may be for the strength of christians in primitive times , to make resistance against their enemies ▪ & how justifiable , or commendable soever the patience & subjection of these christians in suffering as they did , may be by some conceived to be , supposing they had such a power to have defended themselves , as is supposed ; yet most certaine it is , that as well the authority of the one as the submission of the other , yea and both together , being both apocriphall , are too light to weigh against the authority of the practice of that great prophet elisha , who made resistance against the kings messenger , that was sent against him to take away his head ( as we instanced to you in the former part of this discourse ) as also against david , a man after gods own heart , who being but a private man , strengthened himselfe as well as hee could , both with men and armes , yea and with goliahs sword to boote , to defend himselfe against the unjust and bloody persecution of saul ; both which examples ( besides others of like importance ) are canonicall . elisha must not be censured as an evill-doer , nor david condemned for a traytor , or rebell , either because tertullian saith , that there were christians enough in the romane empire , to make their party good against the emperour & his wicked instruments , nor yet because these christians did not stand up in their owne defence , having sufficiency of strength to have done it . thus we see there is nothing at all in the patience or submission of the primitive christians , so much urged and insisted upon , to discountenance that cause and service , wherein your best concurrence hath been desired , of any consideration or concernment that way . to rise up in your owne defence , in the defence of your lives , your estates , your liberties , your wives , your children , your friends , your lawes , your religion , against those , who without any lawfull authority or warrant either of god or men , are risen up with all their might , and all their power to make havock , and spoile , and ruine of all , is no wayes offensive either in the sight of god , or reasonable men . and ( to conclude ) if any man be afraid that martyrdome should suffer by this , as either that the glory hereof should be eclipsed , or that all opportunities of expressing our selves unto god and jesus christ in such a service , should be cut off , and taken away by such an opinion . i answer , no : the glory and praise of martyrdome will remaine as entire , with this doctrine , as without it , and the opportunities of shewing our selves in our love and faithfulnesse unto christ in such a service , will no wayes be diminished hereby . for first , the glory and praise of martyrdome or suffering for christ , doth not consist in lying down , and suffering proud and wicked men to ride over our heads , in sitting still whilest our estates , liberties , wives , children , friends , are ruined and destroyed before our faces , when god puts an opportunity into our hand to defend them ; the name and gospell of jesus christ would rather suffer losse by such a patience as this , then any wayes gaine ; it were more infidell-like , then christian , not to make the best provision we can , for the safety of those that are so neare to us in such a case . but the grace and glory of martyrdome lyeth in this ; first , when a man is resolved to professe the name , and faith of christ , what danger soever hee incurs , what losse soever he sustaines , or is like to sustaine by it . secondly , when it comes to the necessity of suffering , that he baulkes not , nor saulters with christ : that he is not any wayes ashamed of him , or any of his words , or wayes . thirdly , when a man disdeignes deliverance upon any base termes , or by unworthy meanes , that scornes to fly away for the enjoyment of any rest , except it be with the wings of a dove ( the scripture embleme of innocency ) which is covered with silver wings ( as david speakes ) and her feathers like yellow gold . it is ever honourable to fly with such wings as these . fourthly ( and lastly ) when god doth not open a doore of lawfull escape unto him , either by flight or otherwise , but hedgeth him up ( as it were ) with thornes into the hand of the persecutor , that he patiently and with meeknesse and composednesse of spirit , without any breakings out in one kinde or other , without any expression of discontent either against god or man , submitteth himselfe unto the stroke , in what kinde soever it falls upon him . and secodly , for opportunities of martyrdome , of suffering for christ , and that in numbers more then we desire , they will not be wanting , though we shall not-suffer every base cavalier , that saith he is for the king to cut our throats , or to plunder our cities , townes , or houses , to commit outrages and insolencies upon wives , children , friends , &c. . it is a suffering for christ ( and so a degree or kinde of martyrdome ) to suffer those things which we doe , in feares , in dangers , in distractions , in runnings , or removings up and downe , in disappointments of our affaires , in the losse , expence , or forbearance of our estates , by those men of belial , that are as thornes in our eyes , and scourges in our sides , only or chiefly because we will be that in open and constant profession , which by the grace of god we are inwardly and in the truth of our soules ; because we will not prostitute our consciences to the lusts of their father the devill , we will not give the right hand of fellowship to them , in those desperate courses of wickednesse and prophannesse wherein they are engaged , and wherein ( it seemes ) they meane to weary , yea and weare themselves out before they will give over . . we lie open to the hatred and malice , to the mockings and scoffings , to the rayling and revilings , to the slanders and lyings of the whole malignant party round about us ; and that because we hold forth the lord jesus christ in his holinesse and purity , in his power and authority over the world , in his truth , and faithfulnesse , in his mercy , and goodnesse , in his glory , and majesty , in our lives , and conversations . and this is a martyrdome too , or suffering for christ . . ( and lastly ) we know not how soon or suddenly we may be called out by god , to suffer even a perfect and compleate martyrdome indeed , to lay downe our lives for christ ; when god will hedge up every way of escape against us with thornes , and leave us in peters streights , to stretch forth our hands , and have another to gird us , and to lead us whither we would not . john . . so that we shall leave occasions , and opportunities enough , even as many as god himselfe ever made , for the expressing of our love and faithfulnesse unto christ and his gospell in wayes of suffering , though we stand up like men , and quit our selves with all our might , and all our strength , against those assacinates , and sworne sword-men of the devill , who have conspired the death and ruine of all that feareth god in the land . only for a close of all that i have to say in this point , let me adde this one thing by way of caution , that opportunities of suffering martyrdome will not alwayes continue in the church for the servants of god : yea , the time draweth neare , when they shall cease and be no more . the sad retinue of the first things , ( as they are called rev. . ) which hath been a long time in passing by , even for many generations , is now almost quite passed ; god is now bringing up the reere of this host of sorrowes , and when this is passed , he will turne the wheele of his providence and dispensations , between his own church , and the synagogue of sathan . that side which hath been down hitherto , shall be upward , and that which hath been above , shall be below : now the devils saints , and the children of the whore , even all fearefull and unbeleeving ones , and abominable , and murtherers , and whoremongers , and sorcerers ; and all lyars , they shall be called to their martyrdome , and the saints of the most high shall give them double , of their owne cup . * they that led into captivity hitherto , shall now goe into captivity themselves : and they that killed with the sword hitherto , shall now be killed with the sword themselves . and who they are that shall now lead into captivity , and slay with the sword , you may informe your selves , rev. . , . reward her , even as she hath rewarded you : you , viz. in your brethren , that have walked in the steps of the same faith and holinesse with you : and give her double , &c. this is the honour which the saints shall have , to execute the judgement that is written , upon the whore . another motive to strengthen your hand the same way , may be to consider , that as the cause recommended to you is every waies justifiable , so is it a matter of the highest & deepest concernment unto you to stand by it & advance it to the utmost you are able , yea ( if it were possible ) above & beyond what you are able to do . all your interests , relations , & concernments in this world are bound up in it : yea , it narrowly concernes you in relation to the world which is to come , your everlasting estate and condition is not lightly concerned in it . first , what have you in this world amongst all that which you call yours , any wayes deare or precious unto you , but that the line of this cause , whatsoever it proves , is like to be stretched upon it : the cause which is now depending and pleading between you and your adversaries , will certainly be either the rising or falling of it . . for your estates , these are already designed , by your enemies , for a reward and recompence of their labour and travell in procuring your ruine . your silver , and gold , your houses , and lands , with all your precious and pleasant things besides , must call you masters no more , if you fall into the hands of these devourers . if they prevaile , they will be like a sweeping raine ( as solomon speakes ) that will leave no food . you must looke for no other mercies from them , but those that are cruell ; you heare daily from divers parts of the land , of what spirit they are in this kinde ▪ what spoyle and rapine they make of the precious substance of your brethren , where they have opportunity to fall ; notwithstanding they are not yet in a posture to their mindes , to follow this occupation of ruine and spoile , as they desire and hope to doe . they have a bridle of some feare in the jawes of their fury , they cannot stay by their work , they cannot gather in their harvest so cleane as they desire . but if they doe these things being but yet in the valley , what will they doe , if they should make good the mountaine ? if they commit such insolencies as these in the day of their feares , what will they doe in the day of their power , if ever this sun should arise upon them ? i beseech you consider this , you that have lived at ease , and in all fulnesse hitherto , and have wanted nothing of all that your hearts could desire , to make your lives comfortable unto you ; that have had food , and rayment , and lodging , and harbour , upon such termes , that your flesh it selfe , though apt enough to murmure and complaine , hath yet been ashamed to complaine of any want or scarcity in any kinde ; tell me how , or what will you do in such a day , wherein your faire necks , that never had yoke upon them to this day , shall be wrung and galled , and torne with those iron yokes , of poverty , nakednesse , hunger , cold , contempt , want of all things ? will not the dayes and yeares of your former plenty and fulnesse be seen upon you in abundance of sorrow and extremity ? and is it not in vaine for you to thinke that this cup shall passe by you , that you drinke not of it , if ever it be in the power of those enemies of yours we speake of , to make you to drinke ? doubtlesse they must want of their will if you doe not drinke , yea and suck out the very dregs of it . whereas on the contrary , if you shall only this one time make good your standings against them , and break this enterprise , as far as humane reason is able to judge , and according to the ordinary course of gods admistration of things in the world , they are never like to rise up against you , nor to endanger the peace of your outward enjoyments the second time . if you will now be perswaded to give out your selves like men , to advance the cause in hand , that which you doe is like to be a bulworke , and an impregnable defence for the time to come , to your possessions , and estates , against all violence and oppression of men in this kind . . for your liberties , this is another pretious possession of yours in the world . i speake here onely of your civill or politick libertie , which is of equall accommodation and desirablenesse ( if not of superiour ) with your estates : and this likewise will certainly be oppressed and seized upon , and turned into a miserable slavery and bondage , if that bloody generation shall carry the day against you , and make themselves lords over you . that of peter , pet. . . is like to come upon you in this case : of whomsoever a man is overcome , of the same he is brought into bondage . it may be you are not generally so apprehensive and sensible of the pretiousnesse and sweetnesse of your liberties , as of your estates ; you doe not place so much of your outward comfort and contentment in the one ▪ as in the other . the reason whereof i conceive to be partly because wee are generally borne free , and therefore take no care or paines to come by it , whereas many are borne poore , and to inherit little but what they can get by the sweat of their browes : partly because libertie is as plentifull amongst us as silver was in solomons dayes ; which was therefore little esteemed because it was as plentifull as the stones in the street , and as the wild figtrees that grew abundantly in the plaine ; there is none amongst us but is as free as another ; but there is great difference in respect of estate ; partly also , because we see few in any suffering or hard condition , we heare few cryes or complaints for want of liberty , whereas we both heare and see daily what hardship and things grievous to flesh and blood , are endured by many , both men , women and children , for want of meanes , and an outward estate . haply for these and other reasons that might be given , our liberties are not so high prised with us as matter of estate is ; but if we did judge righteous judgement ( as our saviour speakes ) or if we had but the sensible advantages and quicknings to raise our thoughts and apprehensions concerning our liberties , which wee have in reference to our estates , and which many others in the world have , in reference to liberty it selfe ; we would thinke our liberties every whit as worthy to be placed at our right hands , as our estates . i must not stand to discourse the benefit and sweetnesse of this blessing of libertie ; concerning which , many great and excellent things might be spoken . i shall onely say this , that if we lived but a while in those states , where the poore subject is yoked with an iron yoke of bondage , and bowes downe the backe , and grones under the heavy pressure of usurpation and tyrannie , as under the great turke , or in the state of persia ; yea or in france it selfe ( which is neere at hand ) and did but observe the miserable and hard termes and conditions , that by reason of such slavery and bondage they live under , then a dram of that libertie which yet we enjoy , would be as pretious to us , as a drop of could water would have beene to the rich man in hell , when he was so grievously tormented in those flames . now then this is that which i hold forth unto you in this motive to be considered of , that if ever you shall suffer the hand of the malignant partie , which is now up in rage , and great fury against you , to find their enterprise , if the day falls to be theirs , you must looke to be dealt withall in your liberty , as in your estates ; there will no partialitie be shewne by these men betweene them , they that will not spare you in your estates , neither will they favour you in your liberties : they have bands , and chaines , and fetters already prepared for your hands and feet , and irons that will enter into your soules . you must know that they are animated and acted against you , with the spirit of that fourth beast in daniel , which was unlike unto all the others , very fearefull , whose teeth was of iron , and his nayles of brasse , which devoured , brake in pieces , and stampt the rest under his feet . they are of a lordly , insolent , domineering and tyranizing spirit , sporting themselves in their cruelties , and delighting to ride over the heads of men , that they can get under them . therefore now consider ( i beseech you ) how intolerable and grievous a thing it is like to bee unto you to beare the yoke of that cruell bondage and slavery which these men have prepared for your neckes ; to live by the lawes of their lusts and pleasures , to be at their arbitterments and wills in all things , to doe and to suffer , to have and to possesse as they shall appoint and thinke meet for you ; how intollerable a condition ( i say ) this is like to prove unto you , who have beene free men and women all your dayes , and have had the disposall of your selves and of all your wayes , and of the good things that the providence of god hath cast in unto you upon your labours or otherwise . oh you will finde the change very sharpe and terrible , beyond what i am able to expresse , or your selves for the present , able to apprehend . whereas on the contrary , if you shall hold out this one impression and onset which they are now making upon you , and make good the ground you stand on against them ; you shall breake their cords in sunder , and cast their bands from you for ever ; you shall make such an intaylement of this pretious inheritance we speake of , your libertie , to your children , and childrens children , that they shall never be able to cut off . if they be but now broken , they are not like ever to make themselves whole againe : if you will be perswaded to be men of wisedome once , you may be men of comfort and peace ever after . . for your wives and children , these ( i make account ) are another part of your pretious injoyments in this world : but as for these , neither are they like to finde any better quarter in their kind from these bags of blood and basenesse , then your liberties and estates in their kind . nay as these are capable of the impressions of more of those vile affections which rage in these men , so are they like to suffer upon termes yet more grievous , even according to the utmost of their capacities in this kind : the rage of their lusts ( i meane of many of them ) is as barbarous and cruell , as the rage of their crueltie it selfe . and what measure you are to expect both in the one and in the other , in lust and crueltie towards these , your wives ( i meane ) and children ; themselves have proclaimed in your eares aloud in those patternes and examples of this kinde , which in severall places of the land , they have set for themselves to follow in their future course . i presume you have heard of divers insolencies and outrages of abomination committed by them with an high hand , such as have made both your eares to tingle in the hearing . therefore consider and weigh it well with your selves : put your hearts upon deepe and sad , and serious apprehensions of it , how grievous and heart-breaking and soule-cutting a sight it would be unto you to see the honour and chastitie of your wives , & daughters plundred by the barbarous lusts of those brutish men , who are ready to poure out their abhominable filthinesse and uncleannesse where ever they be-come , and when they have done execution upon their honours , with the lusts of uncleannesse in the front , to bring up the lusts of crueltie in the reare , to doe the like execution upon their lives and blood . assure your selves , that the divell hath the driving of them , and he will make them runne and keepe his pace , as far as ever the strength of any vilenesse and wickednesse in them will hold out . and so for your little ones that are not for their lusts : it is much to bee feared that in that respect , they will double their cruelties upon them , as you have heard ( i presume ) that their brethren in ireland , baptised into the same spirit of blood and abhomination with them , have done . oh , bow can you beare the thoughts of such a day likely to come upon you , wherein your young children shall be taken by the hand of an inhumane monster , and dashed in peeces against the stones , or torne one limbe from another , or tossed upon the point of the pike or speare . assure your selves that the day of all these astonishing things , and perhaps of things more intollerable and astonishing then these , is like to come upon you , except you will bee perswaded to redeeme it , and buy it off , at the rate of your utmost endeavours , and of all you are able to doe to prevent it , if god will vouchsafe the grace and mercy to you , to let you have it at any rate . . that honorable senate of both houses of parliament , consisting of most of the worthies of the land . ( i meane for men of their ranke and qualitie ) to whose unwearied labours , and diligence , and faithfulnesse , and zeale , and expence , under god , you and your whole nation owe your lives & liberties , both spirituall and temporall , yea estates and all your sweet enjoyments hitherto ; and in whose peace and preservation all you yet injoy , as farre as reason is able to discerne and judge , is bound up ; ( so that i may well reckon these amongst your temporall enjoyments ) these are like to perish and to be cut off by the right hand of iniquitie , if that generation of men whose bloody cruelties you both have beene heretofore , and are now againe exhorted with all your might to oppose , shall ever get the upper hand . we know it is this assembly , that have stood by you and stucke close to your liberties , and the truth and purity of that religion you professe ; that are the bulwarke and defence against the furious impressions of those wicked ones , upon you , and all that is yours ; and they know as much too , and looke upon them accordingly : they are they that have robed these beares of their whelpes , that have shaken the foundation of popery , prelacy , and prophannesse in the land ; and that are at worke upon it night and day , to make it a land of righteousnesse , which is an element that these kinde of creatures know not how to live in . and in this regard , these are the men of their rage and hatred above others ; these are the mountaines that stand in their way ; and what will they not doe , what will they not suffer to remove them , or cast them downe , and make them into a plaine ? doubtlesse they are sicke , and long for their blood , as much as ever david longed for the waters of the well of bethleem . and if they shall ever be but able to dissolve the power and proceedings of this parliament now sitting , the way will be open and ready for them , either to stave off all parliaments for the future , or ( which is of more dangerous consequence of the two ) to make them themselves : and so the sunne of the glory and peace of this nation is like to set upon it for ever . therefore now consider ( i beseech you ) of how lamentable and unsupportable a consequence it would be , if this spring should be troubled ( as solomons comparison is ) if these righteous shall fall before these wicked ones ; and cavaliers swords drinke senators blood : and how would it be a blot upon you , and make your memoriall an infamy and reproach throughout all generations , if it should be said , that you sate still and did nothing , but keepe up your mony , while these men perished at your side , who had beene a guard and safety to you and to all that you had : yea that laboured and travailed with the honours and safetie of the whole land , and were ready to cry out , and to have beene delivered , but that in the very breaking forth of the children , your covetousnesse , and your unfaithfulnesse , and remissenesse betrayed them into the hands of their enemies , who cruelly destroyed both parents and children at once . not to feede your enemie when hee hungers , or when he is thirsty , not to give him drinke , is by the holy ghost himselfe interpreted ; to be a revenging your selves on him ; and withall to be a matter of high displeasure and offence unto god . i beseech you , if not to save the life of an enemy when it is in danger , nay if not to supplie such necessities of his , which yet perhaps doe not touch his life , be a sin of that provocation in the sight of god ; what sin will that be , or by what name shall it be called , or what shall the measure of the provocation of it in the eyes of god be , when men shall suffer the greatest and faithfullest freinds they have , that for a long time together have laboured for them in the very fire night and day , in the very midst of their sore conflicts and strivings with men , and that cheifely for their sakes , to perish by the hand of their enemies , when it was in their hand and power to relieve them ? surely men must create a new name , and god will create a new punishment or hell for such a sin . . ( and lastly for matter of this worlds concernment ) what doe you thinke of your lives themselves ; if those men of blood shall carry the day , and ever come to set up their banners amongst you ? will they not be sold as cheap as sparrows were among the jewes , five for two farthings ? nay , will they not be trodden down and trampled upon like clay and mire in the streetes , by the foot of the pride , and rage , and insolency of these men ? would not your flesh be as a feast of fat things unto them , and your blood as new wine ? or if they did spare your lives , would it not be only out of a desire and intent to adde unto your miseries , to gaine opportunity of inflicting many deaths upon you ? perhaps they have learned a deliberate cruelty , from that bloody emperour nero : who when any person that was accused , and under the stroke and dint of his power ; desired of him that he might be dispatched , and put to death , was wont to make answer , non ita tecum in gratiam redii : .i. he was not yet so far friends with him , as to give him leave to die : he meant to have more satisfaction out of them , then so . so if these men give you your lives for a time , you must not looke to have them given you upon such termes , as god sometimes in common destructions gives his servants their lives : viz. for a prey , or booty : no , they will be given you only as meanes or engines wherewith to torment you . it may be they will desire to reserve and keep you aliue , to make spectators of you , of all that bloody tragedy they meane to act upon all that belongs to you , in setting your houses , and cities on fire , in taking away your goods , in offering villany to your wives , and your daughters , and then mangling and massacring them when they have done . and then when they have throughly scourged you with such scorpions as these , it is like they will deliver you into the hand of death . certaine it is , that the spirit that works in these cursed children of disobedience which are now your adversaries , lusts not onely to your temporall ruine and destruction , but to your everlasting ruine and destruction also , as farre as it knowes how to bee active in it . our saviour himselfe seemes to imply as much , matth. . . where he commands us not to feare those which kill the body : but are not able to kill the soule : as farre as they are able to goe in hatred and malice against the saints , they doe goe , they doe kill the body ( saith our saviour ) hee doth not say , feare not those that can kill the body , but , which doe , actually , frequently and from time to time , kill the body , but are not able to kill the soule ; doubtlesse intimating , that if they were able , they would kill body and soule , and all . and somewhat more plainely ( i conceive ) joh. . and i give unto them eternall life , and they shall never perish , neither shall any man plucke ( or pull ) them out of mine hand ; cleerely implying , that the divell and his instruments , wicked men , are ready to pull and tugge hard to get even his elect themselves out of his hands , out of that hand of election and grace , which hee hath layd upon them , and whereby he holds them fast . thus the story of the martyrs report , that when the popish prelates , and priests were ready to have execution done upon that faithfull servant of god john husse , they used these words , now wee commit thy soule unto the divell : and when hierom of prague , through long and grievous imprisonment grew very sicke , and ( as himselfe thought ) neere unto death , desired that hee might have a confessor ( being it seemes , consciencious this way ) the story saith , that very hardly , and with great importunitie it could bee obteyned : which shewes , that it was griefe and torment to his enemies , that hee should have any thing , that in their opinion might bee a meanes to save his soule , after hee was dead ; besides many other like streynes of the same spirit , which that story presents unto the diligent reader . now then , there being a spirit of this profound , deepe , and divellish enmitie against you , working in the bowells and inward parts of these men , to desire not onely your temporall , but eternall death also , it is none other like , but if they suspect and doubt of the strength of their arme , for the sending of you by death into hell ( as i make little question but they doe , they have no great hope of hunting your soules into the bottomlesse pit , which is reserved for their owne ) they will themselves create a hell for you , as full of torment and cruell burnings as they can make it , and cast you into it themselves before you die , and so be gotten out of their reach . so that there is nothing to bee looked for from these men but death , or that which is worse then death , a life to contribute towards the increase of the paines and sorrowes of your death : and so indeed death howsoever . therefore i beseech you consider the weight of this branch of the present motive also . will you thinke of keeping or saving your estates , to the losse or imminent danger of your lives ? shall you not keepe your money to make a goodly purchase , if you bring all these great evills and miseries upon you thereby ? though in many other cases you might make much gaine and advantage by making the divell a lier , yet it will bee your wisedome , to justifie him in that his saying ; skinne for skinne , ( or rather skinne after skinne , or , skinne upon skinne ) and all that hee hath will a man give for his life , if you have so much of men in you , as sathan your enemy supposeth ( it seemes ) that you have ) to value your lives at any such rate above all your possessions whatsoever , shew it this day , and make a fortification and bulwarke of all that you have for their defence and safetie ; solomon ( we know ) made some hundreds of targets and shields of gold : it should not be grievous to any man to sacrifice his estate , his gold and silver upon the service of his life . there is a time to keepe ( saith solomon ) and a time to spend , or to cast away , eccles. . . certainely of all other , that is no time to keepe , when a mans life lies at the stake , and is in all likelihood not to bee redeemed but by casting away . thus much for your temporall and outward injoyments , they are all involved and concerned to the utmost , in the present occasion and service , which you have beene exhorted , to promote and further with all your strength , and all your power . but secondly , it were well ( at least it were lesse to bee layd to heart , it were a matter of farre lighter moment and importance ) if your outward concernments onely , though it were even to life it selfe , were imported in that great occasion , which is now on foot , and hath beene againe and againe recommended unto you ; but behold greater things then these . your spirituall concernments also , are like to suffer , and that in a very high degree , if gog and magog prevaile , if ever you come to bee at the allowance of cavaliers , papists , and athiests , that have taken the field against you , for the things of heaven . you are like to have stones in stead of bread , and scorpions in stead of fish . those golden pipes , by which heaven and earth are ( as it were ) joyned together , and have lively communion each with other ; i meane your pure ordinances of worship , which have both the wisedome , and grace , and goodnesse of god abundantly in their frame , will be cut off , and others of lead laid in their stead ; ordinances i meane of an humane constitution and frame , whose chiefe substance , or ingredients will bee the wisedome and will , i. e. the folly and corrupt affections of men , by which , not heaven , but hell , and the world will bee joyned together , and the trade and traffique betweene both places , much quickned and advanced , ordinances which will bee ready to bee cast as dung into your faces by god , when you have beene exercised in them . you must never looke to see the goings of god in the sanctuary , as you have done , to see any more visions of life and immortalitie let downe from heaven unto you , in these houses of vision : those excellent ravishments and raptures of spirit , those takings up into the third heaven by seeing him that was greater then solomon in all his glory , will cease from you . those pure streames of the gospell will bee all bemired and soyled , when they are given unto you to drinke : yea happily and poysoned too , by the influence of the corrupt minds and judgements of those that shall give them unto you . you must looke to have the gospell turned upside downe , and to be made to stand in perfect conjunction with hell , with loosenesse , wickednesse , and prophanenesse , and in opposition to heaven , grace and holinesse ; to be made a savour of death to those that shall bee saved ; and a savour of life to those that shall perish . it will bee made to frowne upon those that are godly , and to looke cheerefully and comfortably upon loose men . so that if your soule shall lust for these sommer fruits , if you shall desire to have communion with god in communion and fellowship with his saints , if you shall desire at any time to bee rained upon by a shower of life and peace from heaven ; you must repaire againe to the woods and mountaines , or to the covert of some close and secret place , where you must eate the bread of your soules in perill of your lives ; as your forefathers did in queene maries dayes , on with danger of suffering whatever the malice and revengefull spirit of your enemies shall thinke good or can devise to inflict upon you . therefore now consider , you that have had the liberty of your sanctuaries , and of your publike assemblies , that have beene fed with hony out of the rocke , and with the finest wheate of heaven , you that have had an open and free trade to heaven , and have had glorious returnes from them day after day , to whom the ministery of the gospell , hath beene as the wings of the morning , as chariots of fire to carry you up and downe as it were in spirituall state and triumph betweene heaven and earth ; oh how will that day be as the shaddow of death unto you , wherein you must exchange your quailes and manna from heaven , for the garlike and onyons of egypt , when you shall heare the pope and his hierarchie preached up to the heavens , and jesus christ with his saints preached downe to the earth , and made to sit at their footstoole , when your soules and consciences shall bee compassed about with lies and errors and the commandements of men , in the ministery of the word , in stead of those spirituall and glorious truths , which were wont to bee as so many angels sent from the presence of god to comfort you ; doubtlesse if ever you saw the heavens opened over your heads by an effectuall and sound ministery , and jesus christ standing at the right hand of god in glory , as stephen did , if ever you smell the savor of life by jesus christ preached ; the day wherein such a ministery shall bee taken from you , will bee like the day wherein the sunne shall bee covered with sack-cloath , and the moone turned into blood , and the starres in the firmament of heaven lose their light . the change will bee every whit as sad unto you , as that was unto david , when hee was driven from the sanctuary and presence of god , and compelled to dwell in mesech , and make his habitation in the tents of kedar . if this exchange made him cry out , woe is me : you must thinke it will bee a double woe unto you , when the arke of god shall be taken from you , and dagon set up in its stead , when the dispensations and administrations of heaven , which were spirit and life , the light of gods countenance it selfe unto you , shall bee exchanged for the statutes and ordinances of rome , which are like tombes and sepulchers , having nothing in them but rottennesse and dead mens bones . if such a day were now upon you , what would you give to buy it off ? and is not the purchase of the prevention of it worth as much ? it may be there are some amongst you whose soules and consciences were never yet engaged , eyther by the puritie or power of any of the ordinances of god ; who never yet knew what it was to bee kindly touched from heaven by any spirituall administration ; to such as these it is like dagon may bee as good as the arke ; the devices and inventions of men , as beautifull , as savory , in the house and worship of god , as those ordinances themselves which have the perfect image and superscription of god upon them : a ministery that is low , and cold , and set in consort with the earth , and the things thereof ; as that which is calculated for the meridian of heaven , and breathes life and immortalitie in the faces of mens soules continually . if such as these lend but a dull or deafe eare to the motion , cannot finde so much as two mites in their estates to cast into the treasury of god , it is not much to be marveiled at . but for you that know how little the chaffe is to the wheate ; i beseech you to have this sence of the businesse recommended to you , that when you have done the utmost of what you are able to doe for the advancement of it , you would yet unfainedly desire to doe more . thirdly , to engage you yet further to give out your selves fully & freely as you have bin exhorted , you may please to consider , that as all your pretious interests , whether in the things of this life , or of that which is to come , are deepely concerned in it , so are all the like interests of all your brethren , the godly persons in the land concerned likewise . and if the cause should suffer or miscarry , it would bee as a sword that would passe through all the righteous soules throughout the land ; it would bring such a day of sorrow , lamentation , and woe upon the generation of the servants of god throughout the kingdome , as scarce hath beene heard of in all ages : it will cause all their hands to hang downe , and their knees to wax feeble , and their hearts to wither as the grasse ; it will fill all their eyes with teares , and their hearts with heavinesse : there will bee no end of those great evills and miseries which will come upon them in that day . the breach that will bee made upon them will bee like the great breaches of the sea which cannot bee repaired . it was a night of much sadnesse to the land of egypt , when god slew in every house one throughout the whole land : the text saith , there was a grievous cry throughout the whole land of egypt upon it : but this cup was given to the egyptians to drinke : and yet this stroke fell not so sore upon them neither , as the miscarriage of that great action wee speake of , would doe upon the israell of god amongst us . that did but touch the egyptians in the lives of one in every family respectively : but the stroke which is now lifted up , and likely to be given in the land , whereever it light , should it fall upon the right hand , upon the people of god , it would wound them all , and that very sore , yea and that not in some , but in all their concernments and injoyments whatsoever , as well in those which relate to this world present , as in those , whose accommodations are more peculiarly for that world which is yet to come ( as hath beene shewed already ) if ever that mountaine of prophannesse , which now you are exhorted to put to your shoulders to remove , shall be establshed , doubtlesse it will magnifie it selfe against all that is called holy in the land ; it will lie heavy and oppresse , if not overwhelme and bury under it , all that have the marke of the living god upon them . therefore i beseech you consider what you doe : if this great evill shall come upon the church and people of god amongst you , and you bee found dull and heavie , negligent and remisse in the preventing of it , and not improve your selves to the utmost that way , when as it hath beene so fully and feelingly , and frequently both represented and recommended unto you , shall you not bring the guilt of it all upon your heads ? shall you not bee looked upon both by god and men , as accessaries ( if not principalls ) in all those sore afflictions and calamities , which in this case shall fall upon them ? will not god require their sorrowes , and their teares , and their troubles , and their afflictions , and all the extremitie they shall endure at your hsnds ? when i shall say unto the wicked ( saith the lord to his prophet ezekiel ) oh wicked man , thou shalt die the death , if thou dost not speake and admonish the wicked of his way , that wicked man shall die for his iniquitie , but his blood will i require at thine hand , ezek. . if god will require the blood of a wicked man at the hand of his prophet in case he did not seeke to prevent it by admonishing him : will he not much more require the sorrowes , sighings , troubles , teares , extremities , blood of a whole nation of saints , at the hand of those by whose unfaithfulnesse , coldnesse , covetousnesse , negligence in any kind , they shall come upon them . the sonne of man ( saith our saviour ) goeth his way , as it is written of him : but woe be to that man , by whom the sonne of man is betrayed : it had beene good for that man , if he had never beene borne : in like manner the church and people of god amongst us may yet suffer grievous things , but woe bee to those , whomsoever they bee , bee they fewer , be they more , bee they rich , be they poore , by whom their peace and safety shall bee betrayed . fourthly ( and lastly ) all our owne concernments and the concernments of all our deare brethren in the faith throughout the land , are bound up in the businesse , which hath bin so frequently and affectionately recommended unto you ; so are the like concernments of others of our brethren also , partakers of like precious faith with you , in other lands and kingdoms , bound up likewise herein ; though not all ( perhaps ) in the same degree . there is a common report of a strange sympathie between hippocrate's twins , that they alwayes cried together , and laughed together . and doubtlesse there is some such simpathye betweene all the reformed churches ( as we call them ) in these parts of the world : amongst which likewise i comprehend those plantations of our brethren of this land , in america , and other westerne parts , at least betweene all that are truely faithfull and sound in that profession which they make in these churches . i doe not speake here of that inward or spirituall simpathie , which in respect of reciprocall affections and mutuall tendernesse , intercedes betweene all the true and living members of the mysticall body of christ , though never so remote asunder , but of that mutuall dependencie which the outward affaires and condition of every one hath , upon the condition of the other , so that the prosperitie and well established peace of any one , hath an influence into , and contributes more or lesse towards the like establishment of the other : as on the contrary , the shaking , trouble , ruine , or destruction of any one weakens the strength , and impaires more or lesse the securitie of all the other . so that they must needs all weepe together , and all laugh together . now then , this is that which i say and hold forth to your christian and godly considerations in this motive ; that the action wherein the church and people of god in the land are now ingaged , and which is yet depending betweene them , and their adversaries , will in the issue , close , and fall of it , bee of very remarkable concernment to all the saints of god in all those other churches mentioned ; if it falls on the right hand , it will bee the riches , strength , and increase of them ; if on the left , it will be the diminishing , shaking , and impairing of them , therefore consider i beseech you , the great weight and importance of the opportunitie that is before you , if through your zeale , and forwardnesse , and faithfulnesse to advance it , and the blessing of god upon it , your present service shall prosper , your light will be like the lightning which ( as our saviour saith ) shineth from the east even unto the west : the heate and warmth and living influence thereof , shall pierce through many kingdomes great and large , as france , germany , bohemia , hungaria , polonia , denmarke , sweden , with many others , and finde out all the children of god , and all that are friends to the kingdome of heaven , and will bee a cheering and refreshing to them : especially to your brethren in their severall plantations in farre countries ; and most of all to those in these united and neere kingdomes , scotland and ireland , it will be as a feast of fat things , and of wines well refined : and particularly to poore bleeding , dying ireland , it will be as a resurrection from death unto life . now then in-as-much as god hath set you this day , as the sunne in the firmament of heaven , from whence hee hath an opportunitie and advantage to send forth his beames , and to furnish and fill the world with his light and influence round about him ; since you have the commodiousnesse of such a standing , that you may doe good to all that is gods , i meane to all the saints in all their dispertions and quarters throughout so many kingdomes , and such a considerable part of the world as hath beene mentioned , so that you may cause them to rise up before you and call you blessed ; i beseech you doe not betray this first-borne opportunitie of heaven : looke upon it as a great and solemne invitation from god himselfe unto you , to do greater things for the world , at least for the christian world , then ever you did unto this day ; or then ever you are like to doe the second time , yea then any particular christian state ever did , or is like to doe while the world stands . god hath prepared and fitted a table for you large enough , if you will but spread and furnish it with such provisions as are under your hand , that you may feast , and give royall entertainment , to the whole houshold of faith , almost throughout the whole world at once . and shall it now seeme any great thing in our ages , or bee in the least measure grievous unto any man or woman of you , even to lavish his gold out of bagges , to bestow his whole substance to devest himselfe of all he possesseth in the world , even to his shooe latchet , to furnish and set out such an occasion as this is , like it selfe ? shall not the very conscience and comfortable remembrance of such a thing as this done with uprightnesse and simplicitie of heart by you , be a thousand times better then any superfluities of silver or of gold , or of meates , or of drinkes , or of houses , or of or of jewels , or apparell whatsoever ? nay if we shall bring povertie and nakednesse , and hunger and thirst upon our selves , to purchase and procure it , will it not bee better then an estate , then cloathing , then meates and drinkes unto us ? will it not take out the burning , and allay the bitternesse of all these ? doubtlesse the honour and conscience of the fact , will beare all the charges , and answer all the expence of it to the full . the opportunitie and occasion is so rich and glorious , that it calls to remembrance ( as sometimes the shadow doth the substance ) the great opportunitie that was before the lord jesus christ , for the salvation of the world : we know that he being rich , became poore , that the world thorough his poverty might be made rich . you have the patterne in the mount before you : see that according to your line and measure , you make all things like to it . finis . notes, typically marginal, from the original text notes for div a e- jon. . . jon ▪ . * see gen. . . &c. cor. . {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} et opprimetis , vel opprimite . arias mont. comprimite . jun. & trem. si enim & hostes exertos , non tantum vindices occultos , agere vellemus , deesset nobis vis numerorum & copiarum ? — externi sumus , & vestra omnia implevimus , urbes , insulas , castella , municipia , conciliabula , castra ipsa , &c. — cui bello non idonei , non prompti fuissemus , &c. tertul. apolog. cap. . sam. . ● . * revel. . . matth. . . by the king, a proclamation declaring his majesties resolution for settling a speedy peace by a good accommodation, and an invitation to all his loyall subjects to joyne together for his assistance therein england and wales. sovereign ( - : charles i) this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing c ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing c estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) by the king, a proclamation declaring his majesties resolution for settling a speedy peace by a good accommodation, and an invitation to all his loyall subjects to joyne together for his assistance therein england and wales. sovereign ( - : charles i) charles i, king of england, - . broadside. by leonard lichfield ..., [reprinted at oxford] : . bracketed imprint information suggested by wing. "given at our court at chard the . day of september ." imperfect: stained, with partial loss of imprint. reproduction of original in the bodleian library. eng great britain -- history -- civil war, - . great britain -- politics and government -- - . a r (wing c ). civilwar no by the king. a proclamation declaring his majesties resolution for settling a speedy peace by a good accommodation, and an invitation to all england and wales. sovereign c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion c r honi soit qvi mal y pense royal blazon or coat of arms by the king . a proclamation declaring his majesties resolution for settling a speedy peace by a good accommodation , and an invitation to all his loyall subjects to joyne together for his assistance therein . amongst : the many troubles wherewith ( for more then two yeares last past ) we have beene involves , nothing hath more afflicted vs , then the reall sense of our subiects sufferings , occasioned by this most unnaturall warre ; and the chiefe of our care hath beene ( and by gods assistance shall still be ) to settle them in a happy peace , with that freedome of enioying the exercise of their religion , rights and liberties , according to the lawes of this kingdome , as they or any of their ancestors enioyed the same in the best times of the of the late queene elizabeth , or our royall father . and as we have allwayes profest in the sincerity of our heart , that no successe should ever make vs averse unto peace , so have we alwayes when god hath blest vs with any eminent victory , sollicited the members of both houses of parliament remaining at westminster by frequent messages for a treaty conducing thereunto : and in particular upon our late victory over the earle of essex his army in cornwall ( which we wholly attribute to the immediate hand of god ) we presently dispatcht a message to them to desire a treaty for peace and accommodation ; of which , as likewise of that former message for peace , which we sent them from evesiam the fourth of july late , we have yet received no answer . and therefore have resolved with our army to draw presently towards london , and our southern and eastern counties , not looking upon those parts as enemies to vs , and so to suffer by the approach of our army , or the disorders thereof ( which we will use all possible meanes to prevent ) but as our poore subiects oppressed by power ( of which we rest assured the greater part remaine loyall to vs ) and so deserving our protection . and we hope that at a nearer distance of place there may beget so right an understanding betweene vs and our people , that at length we may obtaine a treaty for peace , and a full , free and peaceable convention in parliament , and therein make an end of these umhappy differences by a good accommodation . in which we hereby assure all our people upon our royall word , and the faith of a christian ( which is the greatest security we can give them ) that we will insist onely upon the setling and continuance of the true reformed protestant religion , our owne undoubted knowne rights , the priviledges of parliament , and our subiects liberty and property , according to the lawes of the land , and to have all these setled in a full and free parliament , whereby the armies on both sides may be presently disbanded , this kingdome may be secured from the danger of a conquest by forraigne forces , all strangers now in armes may returne to their owne countreys , and our poore subiects be forced of those grievous burthens , which by reason of the late distractions , have ( much against our will ) too much pressed them . and to the end our subiects may no longer be missed by false pretences , we doe desire all of them , as well in our owne quarters , as where the rebells have usurped a power , to take into serious consideration the duty and loyalty which by the law of god and their oath of allegiance they owe unto vs , and more particularly that part thereof which concernes the defence of our person , and assistance of vs against rebells , and such as rise in armes against vs , which they may find plainely set downe in the statute of the ii. yeare of king henry the . cap. i. and we doe hereby require our subiects within our owne quarters thorow or neare which we shall passe , by that duty they owe to vs and their country , that they forthwith prepare themselves with the best armes they can get , to be ready , and to ioyne , and go along with vs in this present expedition ( we resolving to take speciall care to place them under the command of gentlemen of quality of their owne countreys , to their good content and satisfaction . ) and we likewise require and authorize all our good subjects , as well the trayned bands as others of our city of london , and our southern and eastern counties , to choose their owne commanders and leaders amongst those gentlemen and citizens that are of approved loyalty to vs , and lovers of the peace of their country , and upon our approach towards those parts , to put themselves into armes , and march in warlike manner to assist vs in this good worke , and free themselve from the tyranny of their fellow subiects , under which they groane , commanding and authorizing them to seize such places of strength in those southerne and easterne counties as the rebells have possessed themselves of ; to oppose with force of armes such persons as shall resist them in obeying these our commands , and to apprehend and secure the persons of all such as shall endeavour to continue this rebellion , and to hinder the setling of the peace of this kingdome in a full and free convention of parliament ; ( the onely visible meanes left , by the blessiing of god , to redeeme this nation from utter ruine ) wherein we will afford our utmost protection and safety unto all our subiects that shall give obedience to these our commands . and as we doubt not but that all our good subiects will come chearefully to our assistance for so good an end ( beyond which we doe not requre it ) so we trust that god , who hath hitherto wonderfully preserved vs , will crowne this action with happy successe , for his glory , and the welfare of this poore nation . given at our court at chard the . day of september . god save the king . p●●●●●● 〈…〉 by leonard lichfield printer to the vniversitie . . a briefe discourse, concerning the power of the peeres, and commons of parliament, in point of judicature written by a learned antiquerie, at the request of a peere, of this realme. selden, john, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (stc ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a stc estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a briefe discourse, concerning the power of the peeres, and commons of parliament, in point of judicature written by a learned antiquerie, at the request of a peere, of this realme. selden, john, - . [ ], p. s.n.], [london : printed in the yeere, that sea-coale was exceeding deare, . attributed to selden by stc ( nd ed.) and nuc pre- imprints. place of publication suggested by stc ( nd ed.) and nuc pre- imprints. signatures: a⁴. page misnumbered as . reproduction of original in the henry e. huntington library and art gallery. includes bibliographical references. eng england and wales. -- parliament. great britain -- politics and government -- - . a r (stc ). civilwar no a briefe discourse, concerning the power of the peeres, and commons of parliament, in point of judicature. written by a learned· antiquerie, cotton, robert f the rate of defects per , words puts this text in the f category of texts with or more defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - judith siefring sampled and proofread - judith siefring text and markup reviewed and edited - pfs batch review (qc) and xml conversion a briefe discourse , concerning the power of the peeres , and commons of parliament , in point of judicature . written by a learned antiquerie , at the request of a peere , of this realme . printed in the yeere , that sea-coale was exceeding deare . . a briefe discovrse concerning the power of the peeres and commons of parliament in point of iudicature . sir , to give you as short an account of your desires as i can , i must crave leave to lay you as a ground , the frame or first modell of this state . when after the period of the saxon time , harold had lifted himselfe into the royall seat ; the great men to whom but lately he was no more then equall either in fortune or power , disdaining this act , of arrogancy , called in william then duke of normandy , a prince more active then any in these westerne parts , and renowned for many victories he had fortunately atchieved against the franch king , then the most potent monarch in europe . this duke led along with him to this worke of glory , many of the yonger sons of the best families of normandy , picardy , and flanders , who as undertakers , accompanied the undertaking of this fortunate man . the usurper slaine , and the crowne by warre gained , to secure certaine to his posterity , what hee had so suddenly gotten , he shared out his purchasse retaining in each county a portion to support the dignity soveraigne , which was stiled 〈◊〉 〈◊〉 ; now the antient demeanes and assiguing to others his adventurers such portions as suited to their quality and expence , retaining to himselfe dependancy of their personall service , except such lands as in free almes were the portion of the church , these were stifed barones regis , the kings immediate freeholders , for the word baro imported then no more . as the king to these , so these to their followers , subdivided part of their shares into knights sees , and their tennants were called barones comites , or the like ; for we finde , as in the kings writ in their writs baronilus suis & francois & anglois , the soveraigne gifts , for the most part excending to whole counties or hundreds , an earle being lord of the one , and a baron of the inferiour donations to lords of towne-ships or mannors . as thus the land , so was all course of judicature divided even from the meanest to the highst , portion each severall had his court of law , preserving still the mannor of our ancestors the saxons , who jura per pag●s reddebant ; and these are still tearmed court-barons , or the freeholders court , twelve usually in number , who with the thame or chiefe lord were judges . the hundred was next , where the hundrus or aldermanus lord of the hundred , with the chiefe lord of each towne-ship within their limits judged ; gods people observed this forme in the publike centureonis & decam iudieabant plebem omni tempore . the county or generale placitum was the next , this was so to supply the defect , or remedy the corruption of the inferior , vbi curiae dominorum probantur desecisse , pertinet ad vice-comitem provinciarum ; the judges here were comites , vice-comites & barones comitatus qui liberas in 〈◊〉 terr●●●a●eant . the last and supreme , and proper to our question , was generale placitum apud london universalis synodus in charters of the conquerour , capitalis curia by glanvile , magnum & commune consilium coram rege & magnatibus suis . in the rolles of henry the . it is not stative , but summoned by proclamation , edicitur generale placitum apud london , saith the booke of abingdon , whether epium duces principes , satrap● rectores , & causidi●i ex omni parte confluxerunt ad istam curiam , saith glanvile : causes were referred , propter aliquam dubitationem que emergit in comitatu , tum comitatus nescit dijudicare . thus did ethelweld bishop of winchester tranferre his suit against leostine from the county ad generale placitum , in the time of king etheldred . queene edgine against god● , from the county appealed to king etheldred at london . congregatis principibus & sapientibus anglia , a suit between the bishops of winchester and durham in the time of saint edward . coram episcopis & principibus regni in presentia regis ventilate & finita . in the tenth yeere of the conquerour , episcopi comites & barones regni potestate adversis provinciis ad universalem synodum pro causis audiendis convocati , saith the booke of vvestminster . and this continued all along in the succeeding kings raign , untill towards the end of henry the third . as this great court or counsell consisting of the king and barons , ruled the great affaires of state and controlled all inferiour courts , so were there certaine officers , whose transcendent power seemed to bee set to bound in the execution of princes wills , as the steward , constable , and marshall fixed upon families in fee for many ages : they as tribunes of the people , or ex plori among the athenians , growne by unmanly courage , fearefull to monarchy , fell at the feet and mercy of the king , when the daring earle of leicester , was slaine at evesham . this chance and the dear experience henry the . himselfe had made at the parliament at oxford , in the . yeare of his raigne , and the memory of the many straights his father was driven unto , especially at rumny-mead neare staines , brought this king wisely to beginne what his successour fortunately finished , in lessening the strength and power of his great lords ; and this was wrought by searching into the regality they had usurped over their peculiar soveraignes , whereby they were ( as the booke of saint albans termeth them . ) 〈…〉 . and by the 〈◊〉 that hand of power which they carried in the parliaments by commanding the service of many knights , citizens , and burgesses to that great counsell . now began the frequent sending of writs to the commons , their assent not onely used in money , charge , and making lawes , for before all ordinances passed by the king and peers , but their consent in judgements of all natures , whether civill or criminall : in proofe whereof , i will produce some few succeeding presidents out of record . when adam●● that proud prelate of winchester , the kings halfe brother had grieved the state by his daring power , he was exiled by joynt sentence of the king , the lords and commons , and this appeareth expressely by the letters sent to pope alexander the fourth , expostulating a revocation of him from banishment , because he was a church-man , and so not subject to any censure , in this the answer is , si dominus rex & regni majores hoc vellent , meaning his revocation , communitas tamen ipsius ingressum in angli●m jam nullat●●us sustineret . the peeres subsigne this answer , with their names and petrus de mountsord vice totius communitatis , as speaker or proctor of the commons . for by that stile sir iohn 〈◊〉 , prolocutor , affirmeth under his armes the deed of intaile of the crowne by king henry the . in the . yeare of his raigne for all the commons . the banishment of the two spencers , in the . of edward the second , prelate c●mites & barones et les autres peeres de la 〈◊〉 & commun●s de roialme , give consent and sentence to the revocation & ●eversement of the former sentence the lords and commons accords and so it is expressed in the roll. in the first of edward the . when elixabeth the widdow of sir iohn de burgo , complained in parliament , that hugh spencer the younger , robert bold●●k and william cliffe his instruments had by duresse forced her to make a writing to the king , whereby she was despoyled of all her inheritance sentence is given for her in these words , 〈◊〉 〈◊〉 avis est al 〈◊〉 counts & barones & autres grand●s & a tout c●mmin●●●● de la terre , que le dit escrip● est fait contre 〈◊〉 & 〈…〉 per agard de● parliam●dam sue elloques al livre a la di● 〈◊〉 . in an. . edward . it appeareth by a letter to the pope , that to the sentence given against the earle of kent , the commons were parties , as well as the lords and peeres , for the king directed their proceedings in these words , comitibus , magnatibus , baronibus , & aliis de communitate , dicti regni ad parliamentum , illud congregatis injunximus ut super ●is discernerent & judicarent , quod rati●ni et justitiae , conventret , habere prae 〈◊〉 , solum deum qui cum concordi unanimi sententia tanquam r●rum crimmis 〈◊〉 majestatis m●rti adjudicarent ejus sententia , &c. when in the . years of edward . the lords had pronounced the sentence against richard lyons , otherwise then the c●mmons agreed they appealed to the king , and had 〈◊〉 and the sentence ●●tred to their desires . when in the first yeare of richard the second , william west●n , and iohn ●ennings , were arraigned in parliament , for surrendring certaine ●ores of the kings , the commons were parties to the sentence against them given , as appeareth by a memorandum annexed to that record . in the first of henry the . although the commo●s referre by protestation , the pronouncing of the sentence of deposition against king richard the second u●to the lords , yet are they equally interessed in it , as it appeareth by the record , for there are made proctors or commissioners for the whole parliament , one b. one abbot one 〈◊〉 baron , and . knights , & g●●y & erpingham for the commons , and to in●er that because the lords pronounceth the sentence , the point of judgement should be onely theirs , were as absurd as to conclude , that no authority was best in any other commissioner of oyer and terminer . then in the person of that man solely that speaketh the sentence . in . henry . the petition of the commons importeth no ●sse , then a right they had to act and assent to all things in parliament , and so it is answered by the king ; and had not the adjournall roll of the higher house beene left to the sole 〈◊〉 of the clarke of the upper house , who 〈◊〉 out of the neglect to observe due forme , or out of purpose to obscure the commons right and to flatter the power of those he immediately served , there would have beene frequent examples of all times to cleere this doubt , and to preserve a just interest to the common-wealth , and how conveniently it suites with monarchy to maintaine this forme , lest others of that well framed body knit under one head , should swell too great and monstruous . it may be easily thought for ; monarchy againe may sooner groane under the weight of aristocracie as it once did , then under democracie which it never yet either felt or fear'd . finis . notes, typically marginal, from the original text notes for div a e- 〈…〉 〈…〉 〈…〉 〈…〉 parl. ann. . e. . par. ann. . richa . . . . . and , . rot. parl. an. . h. . a breif [sic] collection, of some forgotten votes of the commons alone of the lords and commons joyntly, and ordinances of both houses, reprinted to refresh their memories, and prevent all dishonourable and unjust actions, repugnant to all, or any of them. england and wales. parliament. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e b thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) a breif [sic] collection, of some forgotten votes of the commons alone of the lords and commons joyntly, and ordinances of both houses, reprinted to refresh their memories, and prevent all dishonourable and unjust actions, repugnant to all, or any of them. england and wales. parliament. england and wales. parliament. house of commons. england and wales. parliament. house of lords. sheet ([ ] p.) s.n., london : printed in the yeare anno dom. . quoted from two works cited in the left margin. annotation on thomason copy: "decemb: th". reproduction of the original in the british library. eng england and wales. -- parliament -- early works to . great britain -- history -- civil war, - -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no a breif [sic] collectjon, of some forgotten votes of the commons alone; of the lords and commons joyntly, and ordinances of both houses, rep england and wales. parliament. d the rate of defects per , words puts this text in the d category of texts with between and defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion a breif collectjon , of some forgotten votes of the commons alone ; of the lords and commons joyntly , and ordinances of both houses , reprinted to refresh their memories , and prevent all dishonourable and unjust actions , repugnant to all , or any of them . * the uotes of the commons in parliament die iovis . maii . resolved upon the question , that this house doth declare , that if any person whatsoever shall arrest or imprison the persons of the lords and gentlemen , or any of them , or any other of the members of either house of parliament , that shal be imployed in the service of both houses of parliament , or , shall offer violence to them , or any of them for doing any thing in pursuance of the commands or instructions of both houses , shall be held disturbers of the proceedings of parliament , and publique enemies of the state . and that all persons are bound by their protestation to endeavour to bring them to condigne punishment . resolved &c. that this house doth declare , that those of the citie of london , and all other persons that have obeyed the ordinance for the militia , and done any thing in execution thereof , have done according to the law of the land , and in pursuance of what they were commanded by both houses of parliament , and for the defence of the king and kingdome , and shall have the assistance of both houses of parliament against any that shall presume to question them for yeilding their obedience unto the said commands in this necessary and important service . and that whosoever shall obey the said ordinance for the time to come , shall receive the same approbation and assistance from both houses of parliament . junii ▪ . * the message of the lords to the house of commons , upon the lord willoughby of parham , his letter and service in the execution of the ordinance concerning the militia . the lords have thought fit to let you know , how much they value and approve the endeavours of this lord in a service so much importing the safety of this kingdome , and they doubt not of your readinesse to concurre with them upon all occasions to manifest the sence they have , and shall retaine of his deservings , which appeares the greater , by how much the difficulties ( by those circumstances you have heard read ; ) have bin greater and as my lords resolve to make his interest their owne , in this service for the publique good and safety of this kingdome , so they desire you to joyne with them , in so good and necessary a work . resolved by the house of commons to joyne with the lords in this vote . * die martis ▪ aprilis . resolved upon the question by the lords and commons assembled in parliament , that the said houses do declare , that they do take it a an acceptable service in those citizens , or others who shall list themselves under the command of sheriffe langham , or such as he shall appoint , for the better security of the citty of london , and the counties adjacent . and the said sheriffe is hereby desired , to improve his interest and authority for the speedy advancing of so necessery a service . * die mercurii ▪ aprilis . an ordinance of the lords and commons assembled in parliament , that the committee for the militia of london , shall have full power and authority to raise new regiments of voluntiers , as well with in the said liberties , as without . whereas for better defence and safety of the city of london , whereon the safety and welfare of this present parliament , and therein of ovr religion , lawes , and liberties , do so mvch depend , divers well affected persons by approbation of the committee for the militia there , have with great care and industry ; as well within the city and liberties , as without in the neighbour parishes , obtained divers subscriptions for considerable numbers of honest and trusty persons not imployed in the militia or trained bands , as also for horse and armes , to intard the same might as necessary materialls be in readinesse to help forwards the preparations for a publick defence , in this time of eminent danger , &c. it is further ordered , declared and ordained ; that as the good endeavours of the said committee of the militia , the persons trusted by them , and those whom they have imployed in procuring the said subscriptions , as also of the subscribers , and others who have contributed , or shall concurre with them in forwarding and profiting of the said work , are and shall taken acceptable testimonies of their publick spirits and reall good intentions for the common good and safety , and the execution of the same , a good service to the common-wealth . so the said parties shall be by the power of parliament saved harmelesse , both for what according to the true meaning of the premises they have done , and shall doe herein for time to come . * die lunae martii resolved , &c ▪ by the house of commons , that the actions of the city of london , or of any other person whatsoever for the defence of the parliament or the priviledges thereof or the preservation of the members thereof , are according to their duty , and to their late protestation , and the lawes of the kingdome ; and if any person shall arrest or trouble any of them for so doing , he is declared to be a publique enemie of the common wealth . resolved &c. that this vote shall be made knowne to the common-councell of the city of london . rom. . . happy is he that condemneth not himselfe , in that thing which he alloweth london , printed in the yeare anno dom. . notes, typically marginal, from the original text notes for div a e- * an exact colection of all remonstrances &c p. . . notes for div a e- * ibid. p. . notes for div a e- * a collection of all the publique orders &c. lond. . p. . notes for div a e- * ibid. p. . notes for div a e- * ibid. p. in the appendix . by the commissioners for charitable uses. whereas there is a special commission directed to us, under the great-seal of england, by his highness oliver lord protector of england, scotland, and ireland, and the dominions thereto belonging, for the redressing of the misimployment and concealing of lands, goods and stocks of money heretofore given to charitable uses, as well by kings and queens of england, as by other well disposed persons. ... england and wales. commissioners for charitable uses. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e b thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) by the commissioners for charitable uses. whereas there is a special commission directed to us, under the great-seal of england, by his highness oliver lord protector of england, scotland, and ireland, and the dominions thereto belonging, for the redressing of the misimployment and concealing of lands, goods and stocks of money heretofore given to charitable uses, as well by kings and queens of england, as by other well disposed persons. ... england and wales. commissioners for charitable uses. england and wales. lord protector ( - : o. cromwell) sheet ([ ] p.) pprinted by thomas newcomb, london : . title from caption and opening lines of text. dated at end: given at worcester-house in the strand, the of october, . requiring the notification of abuses of charitable gifts.--steele. reproduction of the original in the british library. eng charities -- england -- early works to . charity laws and legislation -- england -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no by the commissioners for charitable uses. whereas there is a special commission directed to us, under the great-seal of england, by his high england and wales. commissioners for charitable uses. a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - pip willcox sampled and proofread - pip willcox text and markup reviewed and edited - pfs batch review (qc) and xml conversion blazon or coat of arms incorporating the commonwealth flag ( - ) by the commissioners for charitable uses . whereas there is a special commission directed to us , under the great-seal of england , by his higness oliver lord protector of england , scotland , and ireland , and the dominions thereto belonging , for the redressing of the misimployment and concealing of lands , goods and stocks of money heretofore given to charitable uses , as well by kings and queens of england , as by other well disposed persons . some for relief of aged impotent and poor people ; some for maintenance of sick and maimed souldiers and mariners , schools of learning , free-schools , and schollers in universities ; some for repair of bridges , ports , havens , cause-waies , churches , sea-banks , and high-waies ; some for education and perferment of orphans ; some for or towards relief , stock or maintenance for houses of correction ; some for marriages of poor maids ; some for supportation , aid and help of young tradesmen , handicrafts-men , and persons decayed ; and others for relief or redemption of prisoners or captives , and for aid or ease of any poor inhabitants concerning payment of fifteens , setting out of souldiers and other taxes : wee doe therefore in conscience of our dutie towards god and man , hereby order & declare that if any poor person or persons whatsoever , under any the qualifications before specified , doe or shall find themselves justly grieved with fraud or violence , in the concealement , detention , or abuse of any ( though never so rich and great oppressors ) of any thing that is or shall be due to them , or any of them by the gift , appointment or assignment of any well disposed persons , and shall make their greivances appear before us to be reall ; that they and every of them so grieved , shall have and receive sufficient remedie in the same both for what hath been formerly concealed or detained , as also for what is at present concealed or detained from them amongst such cruell oppressors , their heires , executors and administrators , if they or any of them have assets in law or equity , with all possible speed , and without any fear of their adversaries malitious power or greatness , either for the present or for time to come ; and also that if any person or persons shall out of a due sence and apprehension of the oppressed and perishing condition of the poor , make any just complaint of any concealement or detention of any gift , appointment , or assignement of any lands , rents , or monies belonging to any poor by whomsoever , and shall or can make a clear and full discoverie thereof , every such person or persons so doing shall and may recover the same before us for the use of the said poor , together with all the arreares , against any such unjust dealers whomsoever , their heires , executors , or administrators , if they or any of them have assets either in law or equity . and for their further encouragement herein , the said discoverers shall have and receive a fourth part of the damages awarded against such delinquents to be allowed them , for their charges , care and pains herein ; and we doe hereby further will and require all church-wardens , overseers of the poor , and all other officers authorized by law , to sue for and recover such rights to such uses , to accompt for and pay what they have recovered to the use of any poor concerned therein , and to sue for where none else will or can prosecute what they have not recovered , being due , upon penaltie to pay damages for their neglect herein , being found guiltie thereof by due inquisition ; and that none may be ignorant how to perform what they would or should doe herein , we doe appoint all that are or may be concerned in what is by us required as aforesaid , to repair to walter sheldon gent , clerk of the commission ( at his house at little queens-street end , in high holborne , over against the sign of the george , by the kings-gate that leadeth into graies-inn-fields , in the said county of middlesex ) who shall and will be readie to receive their presentments , and to direct and instruct them at all convenient times . for the better effecting whereof , wee doe hereby will and require all and singular the ministers of the county of middlesex , as well within liberties , as without , to make publication hereof in their severall congregations both in the forenoon and afternoon of the next sabbath-day after his or their receipt of the same , and afterwards to cause it to be fixed on the church-doors , where it may be easily seen and read by all people ; and that no person or persons whatsoever presume or attempt either to deface or take it off from thence , upon their perils , to be proceeded against as contemners of his highness authoritie and commission . given at worcester-house in the strand , of october , . london , printed by thomas newcomb , . notes, typically marginal, from the original text notes for div a e- midd. ss. an ansvver to a proposition in order to the proposing of a commonwealth or democracy. proposed by friends to the commonwealth by mr. harringtons consent; who is over-wise in his own conceit, that he propounds a committee of parliament, with above one hundred earls, nobles, members, gentlemen, and divines (named in his list) may dance attendance twice a week on his utopian excellency in the banquetting house at whitehall or painted chamber, to hear and see his puppet-play of a new commonwealth: the very first view whereof he presumes will infatuate alldissenting [sic] parties, spectators, and our divided nations by their example into a popish blinde obedience thereunto, upon his ipse dixit. prynne, william, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing p thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) an ansvver to a proposition in order to the proposing of a commonwealth or democracy. proposed by friends to the commonwealth by mr. harringtons consent; who is over-wise in his own conceit, that he propounds a committee of parliament, with above one hundred earls, nobles, members, gentlemen, and divines (named in his list) may dance attendance twice a week on his utopian excellency in the banquetting house at whitehall or painted chamber, to hear and see his puppet-play of a new commonwealth: the very first view whereof he presumes will infatuate alldissenting [sic] parties, spectators, and our divided nations by their example into a popish blinde obedience thereunto, upon his ipse dixit. prynne, william, - . [ ], p. [s.n.], london : printed in the year, . anonymous. by william prynne. a reply to: a proposition in order to the proposing of a commonwealth or democracie. annotation on thomason copy: "june. .". reproduction of the original in the british library. eng england and wales. -- parliament -- early works to . proposition in order to the proposing of a commonwealth or democracie. great britain -- politics and government -- - -- early works to . a r (thomason e _ ). civilwar no an ansvver to a proposition in order to the proposing of a commonwealth or democracy.: proposed by friends to the commonwealth by mr. harri prynne, william c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - angela berkley sampled and proofread - angela berkley text and markup reviewed and edited - pfs batch review (qc) and xml conversion an ansvver to a proposition in order to the proposing of a commonwealth or democracy . proposed by friends to the commonwealth by mr. harringtons consent ; who is so over-wise in his own conceit , that he propounds a committee of parliament , with above one hundred earls , nobles , members , gentlemen , and divines ( named in his list ) may dance attendance twice a week on his utopian excellency in the banquetting house at whitehall or painted chamber , to hear and see his puppet-play of a new common-wealth : the very first view whereof the presumes will infatuate all dissenting parties , spectators , and our divided nations by their example into a popish blinde obedience thereunto , upon his ipse dixit . prov. . , , . a whip for a horse , a bridle for an ass , and a rod for the fools back . answer a fool according to his folly , lest he be wise in his own conceit . seest thou a man wise in his own conceit , there is more hope of a fool , than of him . london printed in the year , . a proposition in order to the proposing of a commonwealth or democracy . if the parliament shall be pleased to appoint a committee to receive mr. harringtons propositions for setling the government of this commonwealth ; it is humbly proposed that unto the committee of the house may be added the earl of northumberland . the earl of denbigh . the earl of clare . the earl of kingston . the duke of buckingh●m . lord grey of warke . lord faulkeland . lord lambert . lord bronker . richard nevil esq mr. nathaniel fiennes . lord maior of london . alderman titchborne . mr. thurlo . mr. william pierepoint . sir john eveling . mr. crew . mr. ansl●of ireland . mr. prynne . sir paul neal. serjeant maynard . colonel taylor . lord broughall . mr. hubard . mr. trevor ▪ captain adam baynnes . mr. josias bernards . mr. samuel moyer . mr. anthony samuel . major wildman . mr. maximilian petty . mr. william harrington . mr. wren . mr. baxter of kidderminster . mr. walwin . mr. brooks . mr. arthur eveling . mr. cook . dr. ferne . dr. haymond . dr. owen . dr. seaman . mr. calamy . mr. manton . captain andrew ellis . mr. chalinor chute . mr. slingsby bethel . sir cheany culpepper . sir henry blount . sir horatio townshend . sir anthony ashly cooper . mr. iob charleton . mr. edward waller . colonel harloe . major harloe . colonel iohn clark . mr. iohn denham . mr. morrice . mr. hugh bisscowen . sir george booth . mr. robert roles . dr. mills . sir orlando bridgeman . mr. robert stephens . mr. william iames . sir iustinian isham . lieutenant colonel kelsey . sir robert honnywood . mr. sedgwick . mr. philip nye . dr. thomas goodwin . colonel lilburn . charles howard esq ; ; colonel ashfield . sir thomas gower . lord com. bradshaw . general desborow . colonel iames berry . major william packer . praisegod barbones . sir william vvaller . colonel sanders . colonel hatcher . colonel edmond salmon . colonel francis hacker . mr. rich. knightley . colonel iohn burch . mr. iohn swynfen . mr. thomas bampfield . colonel iohn okey . mr. william kiffen . anthony pierson . colonel mosse . mr. frecheville of stavely . mr. iames morley . dr. philip carteret . captain richard dean . adjutant general william allen . mr. william forester of aldermarton . mr. edward harison . mr. arthur samwell . mr. samuel tull. mr. edward salloway . that this committee sit tuesdayes and fridayes , by three of the clock afternoon , in the banqueting house , court of requests , or painted chamber , the doors being open , and the room well fitted for all comers : and that mr. harrington having proposed by appointment of the parliament , such others may propose as shall have the leave of the parliament . this by friends to the commonwealth is proposed with mr. harrington's consent . the reasons for this proposition are these : it is the fairest way of proposing a government , that it be first proposed to conviction , before it be imposed by power . the persons herein nominated being convinced , it must necessarily have an healing influence upon all the parties , degrees or qualities in this devided nation . the answer . it is the desire of our three divided nations ; that there be no committee appointed by those commoners now sitting to receive mr. harringtons propositions for setling our old kingly government in his new way of a commonwealth , till the house of peers , and the secluded members of the commons house who sate in parliament till december . . be permitted freely to fit , debate , and vote in parliament , according to the statute of caroli , c. . by which the present conventicle pretends to sit . that this being done , a committee of both houses may be appointed to receive mr. harringtons propositions . and that the persons named in mr. harringtons list who are no m●mbers , with such other wise men as mr. harrington and the friends to his propounded commonwealth shall nominate , may have libertie to propose to the said committee what mr. harrington and they shall think fit in relation to the forming and erecting of the same . that to the end the said mr. harrington and his friends may in their proposals be kept within the bounds of sobrietie and moderation , according to the antient law of charondas , the law-giver of the athenians , ( the first erectors of commonwealths , ) mr. harrington and his friends may all come to the said committee with ropes about their necks , and in case they shall not convince the said committee ( and parliament ) that their new commonwealth is better , safer , and more profitable for the english nation , than their old legal hereditarie kingly governusent , that then they shall forthwith by sentence of parliament be carried to tyburne , and undergoe the penaltie of charondas law , to be hanged up by the neck as traitors and seditious persons till they be dead . but if their proposals take effect : that then mr. harrington for his rare invention and extraordinarie good service in minting a new commonwealth , shall have the monopoly of coyning all new harringtons , alias brass farthings , which shall henceforth pass for the onely coin of his new copper commonwealth , gold and silver which are royal mines & metals annexed to the imperial crown of the realm ) being as inconsistent with his new commonwealth , ( which hath swallowed them all up ) as kingship , and therefore to be banished with it . the committee is desired to sit every afternoon in the weeke by two of the clock at the sessions house in the old baily , or rather in the old kings bench court in westminster hall , being places open to all commers , and sitted for that end , without further charge to the poor commonwealth : that so mr. harrington and his friends may not be delayed from receiving a deserved execution , or glorious reward . this by the generality of our nations friends to our antient monarchy is proposed , and they hope to have mr. harringtons post-consent thereto . the reasons for this answer to the proposition are these : . it is the fairest way of altering our antient kingly government , and parliament , that they be first legally impeached and condemned to conviction before they be injuriously suppressed by armed power . therefore m. harrington must first answer m wren & m. pryns reasons in his new published true and perfect narrative ; for the restitution of our old hereditarie kings & kingship , as the best of governments , before he propound his new vtopian republike , to thrust them out of their long-enjoyed possession . . that mr. harrington and his friends being convinced of the illegality of the said commonwealth , and the dangerous consequence of proposing such a seditious novelties , against our old kingship and kingdomes , and duely executed according to charondas law , it must needes have a healing influence upon all the parties , degrees or qualities in these divided nations ; since the exemplary execution of such leading innovators wil so terrifie all others that they will not dare mutter one word for the future against our antient fundamental government by king , lords and commons ; which they are all obliged to maintain by sacred oaths and covenants . . all the three nations will judge mr. harrington and his republican friends are in good earnest for the government of oceana , and as valiant as sir john harringtons ajax , when they shall so fairely adventure a voyage to tyburne to introduce it . funis coronat opus . resolved upon the question , ( on mr. harringtons friends petition ) that dr. chamberlain shall attend him during all the time of his travel with his gigantick commonwealth , lest it should miscarry , and be strangled in its birth : that if the orifice of his brain or womb be so narrow that the doctors hands cannot usher it into the world without suffocation , that then ( caesar-like ) the general councel of officers of the army , shall violently cut it out of his womb with their swords , rather then it should be still born , though with the parents death : that if it be live-born , it shall not be christened , till it be able to render an account of its faith to cardinal mazarin , dr. owen , mr. nye , and john canne : that new dipped col. bennet , col. hewson , major packer , and lieut. col. allen , shall be godfathers ; the whore of rome , mrs. rolls , mrs. haggat , and mal cutpu●se godmothers to it : that it shall be then called by the fathers name , harringtons ( not englands ) commonwealth , and bear his arms instead of the superstitious red english crosse upon its forhead : that in the mean time it shall be strongly guarded night and day by the keepers of the liberties of england , and col. fleetwoods regiment , lest dr. chamberlains denn of thieves , or the queen of fayries , should fteal it away out of its cradle , and put a mishapen changeling without wit or reason , into its place , to the parents dishonour , and great disappointment of the hopes and prayers of all the publicans and sinners , falsly stiled , the godly people , and saints of the . nations , who rather desire to enjoy a share in the commonwealth and crown lands of england , scotland and ireland , than in the kingdom and crown of glory in heaven , bonum quo communius eo melius , being a sure principle , and the chief corner-stone on which they intend to build their new commonwealth , having little private wealth of their own , except brass harringtons , to inherit . finis . the politician discovered, or, considerations of the late pretensions that france claims to england and ireland, and her designs and plots in order thereunto in two serious discourses / by a true protestant and well-wisher of his countrey. petty, william, sir, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; 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(eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the politician discovered, or, considerations of the late pretensions that france claims to england and ireland, and her designs and plots in order thereunto in two serious discourses / by a true protestant and well-wisher of his countrey. petty, william, sir, - . [ ], , p. printed for and are to be sold by langley curtis ..., london : . reproduction of original in huntington library. attributed to william petty. cf. nuc. advertisement at end. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng great britain -- politics and government -- - . great britain -- foreign relations -- early works to . great britain -- history -- - -- pamphlets. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - jonathan blaney sampled and proofread - jonathan blaney text and markup reviewed and edited - pfs batch review (qc) and xml conversion the politician discovered , or considerations of the late pretensions that france claims to england and ireland ; and her designs and plots in order thereunto . in two serious discourses , by a true protestant and well-wisher of his countrey . london , printed for and are to be sold by langley curtis in goat-court on ludgate-hill , . the french politician found out . the first discourse . ribier , du chastelet , the author of the french politician , and other libellers in france , have had the confidence of late to pour out such a torrent of injuries , shallow pretensions , and titles to england , that a subject long acquainted with their ways , thought himself bound in duty and faithfulness to his king and countrey , humbly to lay some of his observations before them ; whereby it may possibly appear , that france is not so much our friend as she of late pretended : that these pretensions of hers are not the meer academick notions of some private speculatist , but the sense of their rulers ; that they do but watch their opportunity to put these and other claims into execution against us . and therefore if this be in some manner made manifest , that we can never have a fitter opportunity than now to be before-hand with them , in entring into a confederacy and arms , if need be , with our neighbours , against these common enemies , least when they have too much weakened the rest , they become too strong for us alone , especially at sea. let 's then observe , that it hath been of late a practice of france , to make use of such title-broachers , as her trumpets and heraulds , a little before she 's resolved to invade any countrey , to publish some right , forsooth , to those nations whom next she intends to set upon against right and reason , thereby to raise the valour of her own men with the speciousness of justice in their vndertaking ; to divide the minds and resolutions of some on the future enemies side : to suspend also the hands of her neighbours , from intermeddling in a quarrel which seems so plausible , or at least so doubtful ; and that surely france ( think they ) cannot be unjust or rash in actions , whereof she is ready to give such a fair accompt to the world before-hand : and it is prudence first to see what her adversaries will answer her ; so say they . and thus france leaving the matter dormant , for a while , as if she thought no more of it ; before , or as soon as her adverse party makes an answer to her manifesto , she suddenly and unexpectedly comes and makes her reply with her sword ; there 's that she would be at , from the very beginning ; let your defence to her claim be never so strong and just . tush ! that was but an amusement , and her inter arma silent leges , scorns to be bawked with such ponctilio's . all observing persons might be furnished with proofs enough of this maxime , in the late conduct of france toward her neighbours ; but here are some whereof i had a nearer occasion than many to know the particulars . cardinal richelieu , who as it is known first laid the design of making his master the supream monarch of all christendom , before he attackt spain , in order thereunto encourages cassan to write his book of the pretensions of france , upon all or most of the kingdoms and principalities of europe ; which he goes about to prove of each one in particular , either by former conquest , by alliances and successions , by clauses in treaties , and such other obsolete titles . however this pretension writer so tickled the french ambition , and gave such seeming colours to those designs they would be upon otherwise , had they no ground at all ; that the cardinal ordered a present of sixteen thousand livers to be given to that author ; and so sent his generals to go and pursue with the sword these goodly claims and forgotten inheritance of the french kings . arroy , du puy , d' aubery , and others , had no worse recompence , and were set on before these late wars against germany and flanders ; for to forge titles to these countries their master had with himself determined to invade . they have done it however , but were smartly answered by lisola and ramos ; and though monsieur d' ambrun bragg'd then at madrid , that ramos was the only man spain had to maintain its interest upon the point of the devolution ; but that the king of france could make out his right at the head of sixty thousand lawyers ▪ yet his master scorning to stand to make good this french gasconade , rather chose to speak at the head of more than sixty thousand armed men : while his ambassadors were thus drolling and cajolling with their unwary neighbours ; and amusing them with fair pretences and promises of proving their right by lawyers and mediators . but alas ! with france it is too scrupulous a nicety , so to depend on the decisions at the bar , or on those at munster , breda , or nimeguen either ; her king will plead his rights but with the mouths of his cannons bravely , alexander like ; and he 's told he hath more right to all europe than this young grecian had to asia . for patru in his new law book left this on record as a perpetual maxime to be followed by france , which he oft before maintained in open parliament , that the word kingdom , with them , doth comprehend generally all the lands , principalities , and dominions , which fortune , success and the valour of the french monarchs , can add to the sacred subjection of the flower de luce. and as rivers and rivolets , by entring into the sea , lose themselves presently , with all their particular qualities , as soon as they are incorporated to the noble ocean , so all conquered provinces and nations , do lose their peculiar names , priviledges , and prerogatives , to be made members of the first monarchy of the vvorld , and of its laws and privileges . pray tell me where this maxime will not reach , or be made to stretch rather . for as the habit in any unjust course will mortifie the remorse , and check the sense of all other law , that may dictate the contrary ; so france , by a long practice of following these boundless maximes , is become as it were accustomed to think that her conquests must be as large as her ambition ; and that those nations do really belong to her , she and her mercenary pens had but a fancy of right unto in the beginning . but what of all this , you 'll say ; these are but general presumptions and jealousies , when france puts in no claim against england ; i never heard of any , i can't fancy which way . then hear further : the fore-mentioned ribier ( among the rest ) sets out this title of france to the english crown , as you may more fully see in his french book , and in the following discourse ; and one is in right of the dolphin lewis , son to philip augustus , who by the popes means , and of some of the rebelling lords , entred and was crowned here in england , and ravaged here a good while ; designing by a general massacre of all the english princes and peers to shorten his conquest : till one of his french cabinet councellors could not die quietly till he revealed this horrible project to some of the english nobility . such a right as this , with such other , the french kings are put in remembrance of in their coronation oath . such another claim they lay to scotland in right of francis the second , who married mary steward queen of scotland ; and though she had no issue by him , yet 't is a maxime with them , that the crown can lose none of the rights it once had , and that no alienation can be made from it , but it still reinters . by a sequel of the same maxime , they go on and say , that ecclesia est si●u● minor. that no alienation can be made from the church no more than from minors . but ireland belong'd to the church of rome , to which the natives gave themselves up long ago ; now the french king is eldest son of the church , and her heir : nay it 's said , that his good old mother either sold or gave him that kingdom , when she could make nothing of it her self ; and may he not then claim it upon as good and better grounds than spain took and kept navarr from its lawful king , being an heretick ; of which that wise granam deprived him by no other right then by that by which she pretends to disposess heretick kings . it was by that right she sent her nuncio to display the banner of rebellion in ireland in , and another nuncio in or about , to raise the same tragedy . was it not by this transport or making over of ireland to her most christian son , that the titular bishop talbot , undertook with others in seventy three to prepare a sea-port town in ireland by bribe or stratagem to receive a french army , and to have irish enough secretly enlisted in a readiness to meet them ; when they attempted first to kill the english agent , who came to disclose their designs , and prevailed with secretary perridge and others to post after him ; swearing , that if they met everard , he would never come to england to tell tales ; as even sir edward hungerford , who chanc'd to meet them remembers . when upon another sham accusation they thought they had procured his mouth to be for ever stopt in the tower , then i say they went on still with their design in favour of france ; and some others , unknown to the former , who since deserted their camps , disclosed that the said talbot and others , were in , carrying on the same treachery as securely as before : and some , even in this very month , came from ireland , and accused , as is said , before the council , those very persons , with other titular french agents , as plunkett , molony , &c. of which some were , as it is known , in great favour and correspondency with the french court. but supposed the french , had with the papists conceived such a design on england or ireland , yet you say the possibility of putting it into execution , will still hinder it and make it abortive . that the landing of any forreigner would be the uniting of all our divided parties together against them ; that they would be met with as vnaminous a resolution as when they were thought to have landed at purbeck island last year . and besides that , we would clap up all papists in such a juncture that they are disarmed : and even the french themselves are sensible of this ▪ ; therefore their fleet and back is turned from us toward italy and germany . though it is not my design to dispute much about the possibility of an attempt , which i wish might be for ever impossible ; yet for conscience sake , and to remove our countreymens too much security , i say that neither you , nor any man , can know all the papists , french , and other disaffected , prae-ingaged , innovators , and pensioners in england , who protheus like , can shape themselves to all figures : therefore how can you secure them all ; how can you disarm them totally : and can you answer for the sentiments and interest of all the different parties in england , and specially in ireland , which side they would incline ? in ireland , where to one protestant there are three papists , can you vouch they 'll sooner joyn with an english heretick than with a french catholick ? so many ignorant blind zealots , so many priest-ridden furies , so many outed of their estates on former delinquencies , so many thousands of frenchified officers and cashiered soldiers and tories straggling there , shall they , think you , sooner joyn with english , against whom they have a blind antipathy , than with those whom they look upon as damned miscreants , tyrants , vsurpers of their countrey and religion , than with the french romanists , whom they would welcome as saviours and restorers of their all : nay as they think they lost all by the english , they 'd venture all they have , viz. their lives , for the french or other foreigner . neither can we be aware of all the arms they may have hid , they may have conveyed to them secretly ; of all the arms their fury could make use of in an uproar ? what store of arms needed they for the massacre of the danes , or for the massacre of the protestants in ireland ? and can't their holy father enjoyn again , on such an occasion , a third massacre to be prepetrated to the full honour of the holy trinity in three persons ? in a word , what need we so much dispute touching the impossibility of an invasion , to render our selves more secure , when our own histories do convince us how often , to our cost , such a thing hath been done , which we could not prevent , when for our sins god would suffer it to be , by some art we could not foresee till done . and not to mention our general conquests , can we forget that same in king iohn's time , those other landings of spaniards and italians in ireland in queen elizabeth's time , at the invitation of the pope and papists ? but you 'll say we were then less powerful , we were then more divided , we have stopped those gapps ; and it may be too they have refined their pollicies and ways of attacking to the height of your preparedness : and what ever our power is now , i am sure the french were never more formidable and more fit to struggle with us . and our secret divisions are near as great as our open ones were then ; a little spark from abroad , would perhaps , make it break out into a flame ; and our secret enemies are no less dangerous than open ones : these can be known and met withal , but those cannot ; and would be ready at a watch-word to follow on the back of us ; arising , as it were , out of an ambuscado . yet all this , dear countreymen , is said to caution and not to dishearten us , and to unite and prepare us ; as fencers do shew the several passes that can be made upon us , for to be ready to parry 'em , if need require . my design is not to dishearten , but to awaken and unite , to shew that this is the greatest plot of all , viz. to work our disunion , which makes all others successful . for i do not presume to say , that the french are just now ready for us , or preparing against us , but that the french do presume to set up claims to our countrey is apparent to the world in their books and late manifesto's ; and give out mean , contemptible characters of us , to seek to raise the spirits of their natives to triumph over us ; that whether such things be done in joke or earnest , it is by such artifices they began the conquest of our neighbours ; its plain that they never let any of their pretensions die , but watch fit opportunities for the execution of them ; that the extraordinary number of their present ships , is not answerable to any design they might have on any inland towns or places in italy or germany . what use is there of ships to sail on the land , that if there were no other attempt against us , their fleet is such , that it ought to breed jealousie and fears of encroachments upon the right of our soveraignty on these seas , on our plantations , sea-port towns , and our inward and outward trade and comerce ; on the rights and priviledges of our neighbours , who for these many ages stood as our bulwarks and banks against the swellings of this ambitious and active nation , never so powerful as now . that his strengthening and manning his sea-port-towns ought to be taken notice of , his turning out of all protestant officers from off his ships . the sums of money he returns to rome , the prayers they make for his designs there , the unconcernedness that rome and other popish neighbours are in touching his vast preparations . the strong leagues he makes with swedeland and denmark , and with other princes ; wherein he strives to prevent us . all these considerations , i say , should make us quickly to re-unite among our selves , prince and people , dissenters and protestants ; and i dare say , if a war were thought fit to be made with france , in vnion with our neighbours , there would be no better means to re-unite us all ; for this is the grand plot of all other plots ; to keep us still disunited , to open a gap and inlet in our body for a foreigner . yet after all , knowing that the main difficulty will still lie herein , to perswade us that the french are not so much our friends as we believe them to be ; and fearing we should be thought to wrong that nation rashly or groundless , i will more particularly quote some of the authors of the french politick's policies , which he proposes to his king , and will confirm by many secret and publick transactions and matters fact , that in their continual practice they do follow these maximes i will not insist on the means he offers of enslaving his own country , let them look to that , of raising more the nobilities power over the people ; of devesting of the parliaments prerogatives to invest the king therewith ; of bringing down the clergy , that he make the leeches of the publick revenue disgorge : let him , i say , suggest means of arming at sea , without charge to the crown , of improving of trade , and the colonies and filling of the kings coffers : but what hath he to do to be a pedagogue to his ambitious prince , for to inslave other free nations that have nothing to do with him . this politician then tells his king , that spain is slow and stupid , and are not sensible of any smooth trick he may put upon 'em , but only of affronts upon the punctilio of honour , yield 'em in that a little . he incites his master to fill portugal with soldiers , to act in due time ; and that the french queen her self ought to second this by her friends in spain . he advises him to sow divisions 'twixt the prince of orange and the hollanders and the english , on the other side . to bridle spain , and set these nations to weaken and undermine each other . let the king endeavour ( saith he ) to break their leagues and allies the one from the other , by feeding them with promises of imaginary supplies on that condition , and of joyning the french fleet to theirs ; but they must have orders to act but for a shew and not in earnest . now he comes to propose the ways of undermining england . and first he calls her perfidious , and without faith or trust. that france ought to make no treaty or peace with her , but on advantagious and ambiguous terms ; yet he wishes his master to dissemble with england for to devour her the last . he then begins to declare by what artificers this king must be brought to conceive jealousies of his english subjects and parliament , and the parliament likewise of the king ; and to bring about that they may not abide the one the other , nor close one with the other . in keeping the english thus in feudes among themselves ( saith he ) the french will have time to push the wheel of their interest forward , and promote their own designs abroad and against us without controul or suspicion , and then it will be easie enough to find a pretence to break openly with us , either on the account of the title of france we take , and that the king of england must be put to it to renounce the same ; as queen elizabeth forced francis the second of france and queen mary of scotland to quit the title of england , they put in the stile , &c. or else to pick a quarrel on the point of the precedency of our ambassadors . then he comes to shew after what manner france must seize on scotland , seeing that thence first sprung the fire ( as he says ) that set england on a flame . then he doubts not but that ireland will carry things very far of it self . afterwards that sects must be set at variance , one english with another ; by which means germany , and the seventeen provinces were put to confusion . that the king of england must be made a favourer of the catholicks , and letters to be framed which must be interpreted for the proving of it . then that the hollander must be flattered that the french will make the trade fall from england into their hands . that belle isle , or the island of rhe may be given to the knights of maltha , who must demand of england to restore the commanderies and benefices they formerly had here . but this author finding that his master would be too much fettered , by seeking out pretences of right to countreys , tells him plainly that he needs such and such places more ; and that 's reason enough ( for their conscience . ) he needs ( saith he ) to get strasburg , the french comty , the state of milan , and of gene , portolongone and piombin ; for to reduce suisserland , savoy , tuscany , madera , parma and rome it self ; that sardinia , naples , and sicily would follow of themselves . but that in fine , fontaraby , navarr , majorca , and minorca , would fit him mighty well toward his universal monarchy undertaking ; but he 's a fool , could not he have put him on the conquering of spain at his first step , and so all these same subordinate states would fall to him by course . being then in employ at the french court , we were told that his majesty of great britain , as soon as he read these pernicious maximes , lookt upon one of the colberts , then here ambassador , angrily saying , he well perceived that france did not coaks him but to destroy him . but that they bragg'd that colbert put it handsomely off , by saying , that this book was composed by lisola the german , and to defame france ; which incited the curious to examine whether that were true or not , but they found that the stile and manner was quite different , and that these maximes were but for the advantage of france alone . this manuscript of the french politician , had lain long in the french kings cabinet , whence an officer was found to have stollen a copy of it ; then it was printed clandestinely , and care was taken for the suppressing it . but to evince it more closely and undeniably , that that book , with the other , which i quoted above , came out of the french mint , that 's out of their cabinets ; i 'll manifest it by their late practice in every one of those maximes , that are set down in the french politician . it 's true , that mareschal villeroy , a great statesman , was wont to reduce the main stratagems , by which they wheadled their neighbours , to these two , par finance & finesse , that is by money and cunning and conney too , which is one of their chief nets to catch their neighbours in . but to come to particulars , their chief artifices for dividing and undermining their friends , may be reduced to these following : . by sinons or pretended fugitives . . by pentioners in our councils . . by alliances and french ladies . . by breaking open and diciphering our secretess letters . . by sending auxiliaries that favour our enemies . . by ambiguous treaties , to gain time and advantage of breaking them . . by spreading slaunders and fomenting jealousies betwixt the kings and their people . . by entertaining a secret league with the turk . now to begin with those more general and remote means , which france takes to divide her neighbours in their leagues and amity . she usually calls in the turk upon the back of 'em ; and this most christian king will not stick to enter into secret covenants with that antichristian tyrant against the rest of christendom . i need not mount up so high as francis the i. henry the ii. and other their successors , who openly brought in the turk against charles the v. and other emperors ; publick histories can bear me witness in it . rincon and fregose were taken by the way , seized with instructions from francis the i to soliman , to excite this infidel to war against the christian princes ; and when any of francis his neighbours would upbraid him with such antichristian treacheries , he could put it off but with a drollery : what , says he , may not i , when beset with wolves , call in for dogs to help me . but to come to our times , what made the french to be the occasion of the loss of candia , and to yield the advantage at gigerys and hongary ; but for to manage the turkish amity to oppose him to the emperor , if he proffers to stir or to enter into tripple league . they sent some supplies , 't is true , to dazzle the world , but when la feuillade ( who knew not the secret ) brought his . men to an engagement , he was opposed by coligny ; who had orders to do things but for a shew . besides , the king sent counter orders with some of the major officers , which they were to read , but when they came to candia ; monsieur de louvas hindred many of the most valiant and considerable officers , gentry and soldiers , to go thither , even as voluntiers . in fine , the divisions , counter-seasons , and wilful misunderstandings of the french with their allies , in that occasion , did more to the loss of the city , than the batteries of the turks , who had spent some score years in vain toward the conquest of that place , but could never get it out of the venetians single hands , till these double-dealing french friends came into help more toward the losing of it than the maintaining it ; so that the venetians might have had more reason to send back these french supplies than they had in returning home prince almerick of modena's succours upon some such suspicion . and the turkish embassador ( a thing very unusual to be sent from the ottoman grandeur ) who afterwards was dispatch'd to the french court , unriddles the matter , and though the king made the difficile and scornful with him , yet he sent orders to caress him and make much of him in secret ; as looking upon the mahumetans to be one of the chief supporters of his crown and state. and as the french will be friends with the turks to use 'em against their enemies , so with those they pretend openly to help , as their friends , they deal as with turks in effect , by underhand conspiracies ; i mean in their auxiliary supplies to their allies : their succours tend but to leave 'em in the lurch , to be desroyed by their concurrents ; that when he hath ingaged the frog and silly mouse to a fight , to weaken the one the other , he , the french kite , might the more easily snatch 'em both away in his greedy talons . besides what we alledged above of his treacherous auxiliaries to hongary and candia , we may intimate those he sent some years ago to help holland against the bishop of munster ; and a little afterwards on the same claims sets munster again holland ; and when it came to the push , leaves him to the mercy of the hollander , all he sought for , being but to seek to destroy these two ( supporters of flanders ) the one by the hands of the other . his design was the same touching england , when of late he sent his fleet to assist us against holland , with secret orders to d'estree ▪ to leave the english and hollander to destroy each other . while france , both at the treaty of the pirenees , and afterwards , had sworn a firm offensive and defensive league with spain ; they underhand sought to weaken their allies , by sending men and money with colbert , schomberg , and under turenne's name , as voluntiers to the portuguezes , till a ship that was taken by the spaniards , happily discovered that the portuguezes were stirred up and incouraged by the french in their attempts against the catholick king. france , by reason of a french princess , seemed to be the greatest friend in the world to poland , but to shew what friendship that was , they manage with swedeland that treaty of stumdorff seemingly in favour to the polanders , but in effect very prejudicial to them , and in the mean time avagour , lombres , and bezieres , are imployed to set these crowns together by the ears , and to perswade king cazimer of poland to lay down his crown , to make way for conde , newburg , or for some other votary of france . moreover , while this coaksing nation did hugg the emperour , he finds such papers in the taking of muran , a fortress in the vpper hungaria , which manifestly shewed that the french had in the mean time incouraged the hungarians in this rebellion . . another artifice of theirs is to send out sinons , or pretended fugitives , which are forsooth banished from their court , yet these are in a secret intelligence with them to send to 'em all foreign intelligences , by seeming to betray france to that nation whereunto they fly . thus have we known and seen monsieur gourville to be banisht , as it were upon the account of foucquet to brussells , madrid , and the hague . there to screw himself into favour , he communicated to 'em some empty secrets , to hide from them the true state of affairs of france . his couriers did seemingly go from paris to flanders and holland , and backward again ; and in this hurry , course and intercourse , he fed the spaniards but with chymera's , and sent an accompt of their real designs into france : but after all , when this impostor was found out by the spaniard , he was as heartily wellcommed at paris , as if no grudge had ever been ; and from intendant of the prince of conde's , he was received into an inner favour . i could mention the guizes in former times , who were banisht , to gull the protestants , and some of late sent into england , and perhaps the earl of s. ( who in their language makes sixteen ) is this last month fled hither into england , upon no other occasion . . what should i run over the particulars i above promised to demonstrate , when all observing persons may prove them to themselves . when his late breaches of the treaties of the pyrenees , of breda , of westphalia , and of nimeguen , do shew that france values no otherwise such ties , than lisander did the solemnest oaths , that is to deceive men thereby , and to get a fit opportunity of breaking them to his advantage . but we intend to set forth shortly an abstract of the treaties of france with the house of austria in this last century , and the reasons of the alternative growth and decline of each of these , and therein it will from the words of the treaties and impartial historians appear , how far the french are to be trusted to in this point of transactions and covenants . . now as to the use they may make of emissaries and pensioners abroad , to make factions in the neighbouring courts ; the clear-sighted know that monsieur vaubrun was sent into germany but for to stir serin and ragotzi , against the house of austria . each one may perceive that the prince furstemburg , who is in bavaria , does act in consort with the other furstemberg , that resides in france : and that monsieur gremonville was the occasion of the revolt in hungary ; for which and several other divisions he wrought in vienna , he was expell'd more civilly than he deserved . the archbishop of gnesne and the mareschal sobieski , were the pensioners that france bragg'd of in the court of poland ; and of some also in ours , which could be named , but that a respectful tenderness for my countrymen makes me more reserved , and shall shut them up in my own breast , hoping they have since repented of such base and unnatural treacheries , toward their generous and gracious king , and dear countrey ; especially knowing some of 'em to be dead , and others almost dying : which were mentioned in parliament . . now touching french princesses they match out , to have occasion thereby to divide their neighbours , god forbid that i should think that all the ladies of that rank were fredegonde , brunehaut , or helena like , but that as this later was the occasion of the subtle grecians getting foot into the trojan territories , and of imbroyling and ravaging it by long wars ; so i observed that most commonly those french princesses are engines of state , to carry along with 'em abroad corresponding colonies of that restless , ambitious , and intriguing nation , to make the interest of that court where they go to bend to that of their native countrey , which they ever love best . i 'll but glance at examples . the very memory of mary of nevers is odious in poland , by whose occasion that country was brought into such inward disturbances and factions , that not long ago king cazimir himself at last was fain to quit the crown for a quiet coole in the abbey of st. germain at paris but the observant in publick affairs may find fresh presidents hereof in tuscany , portugal , and perhaps england not long since ; and i am affraid that lady they of late sent to spain , will be the pretence in time to come , of making more demands than that of mastrick , which they would now go about . . hitherto we have toucht of the causes or instruments the french do make use of , now of the effect , which is divisions in foreign courts , either to cut out work for such at home , that they may be no obstacle to the carier of the french conquests ; or to make a breach among us , at which they may creep in more easily . for the proof hereof , for brevities sake i 'll refer you to what i hinted above , touching the divisions the french emissaries wrought in poland in and before the year , and likewise about and before that time in germany , when their agents swarmed there to sow those seeds of war which we have since seen sprung up to such a height as cannot be yet cut down nor extirpated possibly by all the hands in europe . colbert the junior ( as i mention'd before ) not long since carried away corn and coin , viz. thirty thousand crowns into portugal , by way of loan as it were , to raise the countrey against the spaniard , and so make a diversion from flanders . but the instructions and covenants whereby the french required some sea-port towns on the coast of spain to be given to themselves ( as i warrant you they 'll serve no friend for nothing ) these i say were seized in another ship that straggled into the spaniards nett , where all the mine was discovered . such was the disturbances they wrought in lorrain , that the late duke ( somewhat guilty thereof himself ) dolefully cried out , that the neighbourhood of france was a smoke that would drive him out of his own countrey and estate . what should i mention the jealousies , dissentions and divisions , which we with tears behold here to be wrought by them in our england and its dependants , when any unbyass'd considering person may perceive that they strive to repeat the scenes of the late intestine tragedy , wherein that wicked french embassadour monsieur de thou , by his agents confessed and repented too late , to have acted here the prologue , by traducing , blasting , and heightning in that moderate royal martyr a propensity to popery , forsooth , by mis-representing the king to the people , the people and parliament to the king , by unsuspected instruments ; by contriving means to divide the unwary protestants about formalities and petit differences , about indifferent things , wherein it is impossible to unite 'em in , no otherwise than by charity , meekness , and patience ; for persecution is observed to increase proselites , and make 'em more zealous and vertuous ; which otherwise without opposition would languish and decay : but if the work be of god , as gamaliel said , that cannot be destroyed by men by all art or power . when by such artifices the french and jesuit had blinded some dissenting zealots with specious pretences of removing evil councellors and of some incroachments , then things being ripe , the greedy lawless souldier is brought on the stage , to make our king and people bleed together , without seeing the hook , but too late ; when at first moderate and impartial counsels might have healed things , if they might be suffered to come to an understanding ; and to touch the root of the disease ; sed quid haec ingrata revolvo . but remember in a word , that whether times tend to a further dis-union of spirits , or to a thorow union , yet in either juncture the judgment of god and man will soon find out those base sinons , those incendiaries , those french pensioners and lawless statesmen , that seek to divide the good father and his poor children , and to rent miserably their own mothers bowels for private ends by unworthy policies . and those persons or party ( whatever it be ) which recede most from french devices and popish forms , and shall in their plain meaning and counsels , tend but to close to the honest fundamental laws of their countrey and of the gospel , after a simple , loyal , and charitable interpretation ; they and only they shall prevail and be in request with their king and countrey at the long run , for that god will be above man. in fine , i refer to the reader to judge , and to our superiors to determine , whether the mean proposed in the following discourse ( which lay by me ) be so seasonable or practicable , which however i meant to be of this use , to make a diversion of all englishmens inward bitterness and choller , against a more fit object and enemy ; that they may cease to look upon one another with a sharp eye , but look off rather towards abroad , whence the spring of our divisions come ; viz. from france and rome . the french politician found out . that the greatest dangers of spain were from england , by reason of our power at sea , and that we could block up the spanish ports at pleasure ; this our monsieur believed as firmly , as if it had been an article of his creed , and that the plot , as he had laid it , in its success was infallible . 't is a truth . but if it were some years ago the interest of this crown to accord to that maxim ; time , and the present weaknesses of spain ( sinking under its own burdens ) have turn'd the ballance , and made it impracticable . the face and state of affairs are now very much changed . henry the seventh was too nearly allied with the house of burgundy , and ferdinand the catholic , not to have oppos'd the cabals , which were then formed against mary , to bereave her of the low-countries . his son henry the eighth followed the same counsels ; and if at any times charles the fifth was travers'd by him , it arose from that just apprehension he had of his growing grandeurs ; fortune being more favourable to him , than to francis the first , whose loss had been a fair step unto his own . queen elizabeth harboured the same jealousies ; for spain , puffed up with a long continued course of prosperous successes , was not arriv'd to that pitch of declension we see it now adays . and if charles the first beheld with an eye of envy the progress of france , charles the second might do it also , his fear being much more warrantable , because that kingdom is grown more powerful , more formidable than when his father reigned . and there be arguments of glory , revenge , and interest for my assertion , all which , according to the best of my judgment , are strictly interwoven one within the other . glory demands the continuance of the ( triple ) league ; because this had twice bridled a prince who had slip'd out of it , and who , without this restraint , would have over-run all bounds by reason of his unmeasurable ambition , the sole and unvariable rule of all his undertakings . besides , it can be no dishonour unto england to be reproach'd of france , as heretofore , of slackness in assisting her , and that we loved to prolong and foment her civil wars , if not to make them perpetual . revenge is yet another and stronger motive to invigorate us in our conduct , whether you reflect upon what is past , or on things present . for the present , 't is well known that the french promises are only tendred us for the better inabling them to play their own game ; and the mischiefs they are now a brewing , should now inspire us with a greater abhorrency of their greater masqued villanies . moreover , those brave methods propounded by our french politician for the subversion of this kingdom , whose glory eclipseth theirs , are no longer with any patience to be endured . add farther that injurious manner wherewith they treat england , because it carries the ballance of europe , and supports the oppressed against their violence and tyranny . and could we not remember those invectives wherewith they have wounded the whole nation , yet this should be considered , that they never spared the sacred persons of our princes . ribier is pleas'd to strew these sweet flowers upon henry the eighth , viz. that he was the most infidel and unconstant prince of his age , full of tentation and double dealing , whose soul symboliz'd with the seas environing his island . and the fore-mentioned author of the french politicks adviseth , that the king now reigning should be voic'd a roman catholic , thereby to procure him his subjects hatred , and to augment it be feigned letters written to some of the leading protestant lords , to render them suspected , and procure their ruin by a maxim , which with extream imprudence they themselves have divulged to the world. these counsels and invectives were all forged by them , because henry would not turn the scales wholly of their side to destroy spain and england in consequence thereof , which without this invincible obstruction , must have been together by the same torrent overwhelmed . and as to what concerns charles the second , that general interest , in which insensibly he is engaged , affords alliment to a damn'd plot , which is by them secretly carried on against him . but i pass this by , and come to the question under debate . and it is this : that the consideratian of what is past should so far influence a potent prince , who hath his sword in his hands , as to carve out his own satisfactions from them , whose insensibleness of doing wrongs raiseth them to such a degree of insolence , as to deride us . aquitain , normandy , and their dependant provinces , together with guysnes , ardres , bouloign , and calais , ancient demeans of the crown of england , are such important pieces , and their conquest so easie , that they will surrender themselves as soon as england shall seriously invade them ; provided , that the obligation of the league and powers composing it , remain firm and inviolable ; and that from a meer defensive war we become aggressors , and despoil him of those trophies , who , after the glorious example of his ancestors , hath enlarg'd the bounds of his own dominions on the wrack and losses of his neighbours . but and if this design be delay'd , and leasure given france to debase spain , then all must yield to the rapid course of that nation , who is now making chains for us , nay , carrieth them with her , to bind and enslave such who shall first make head against her , and at long run , of all those who either secretly or openly maintained or abetted this horrible design against the common and public safety . and let her neighbours be once brought down , england devested of her friends will be little more than the work of one day , and must fall in that very moment she is assaulted . the pretext is ready , either england shall lose the title of france , or france will usurp that of england . i 'le explain my self somewhat more largely . faance being now rid , and standing in no longer fear of her competitors , will infallibly break with england , imitating herein queen elizabeth , who quarrell'd with francis the second , for entituling himself heir of that crown she possessed , and whereof she was exceeding jealous , mary of scotland having furnished her husband with a title . but suppose this colourable pretence be neglected , yet will he serve himself of one more remote ; for who so hath a mind to pick quarrels , and wage war , will never talk so big and loud , as the whole world may hear him . i 'le not lead you far to fetch an instance . lewis , son of philip augustus , king of france , reigned in england , maugre all the oppositions of king iohn , who was deposed for his tyrannies . at length iohn having recollected his miscarriages , reconciled himself with the pope , becomes his tributary , demulceth his holiness with his golden promises , and profound submissions , and lewis unfortunately loseth his newly acquir'd crown . 't is true , he bequeathed the right thereof ( such an one as it is ) unto his successors ; who preserve it carefully , and assert it publicly , in a formal prayer sung in these express words at their coronation , viz. that he will never relinquish the scepter of the ancient saxons , mercians , and other princes , who have reign'd in england . and therefore the kings of france , since lewis the eighth , may with more justice , say they , assume the title of kings of england than the kings of england style themselves kings of france . it was ribbir that set up this imaginary title , and suggested unto france a pretext and ground for falling out with england upon the first and next favourable opportunity . i have given her the first intelligence of the thunderbolt : england may yet in time avoid it . is it to be imagin'd that lov●is , and many great ones , whose fortune and that of their friends depends upon warlike employments , will not now stir their king to those new attempts against england , ( in case they want other employment ) shewing unto him the easiness of it , from the divisions , jealousies , and unprovidedness that england is in , and the many secret friends they have here . but in case they did alter these measures , or not now execute them , yet seeing our forwardness , and our spirits , eyes , and arms , to be up and ready for them ; that , i say , will make still our conditions better with them , whether we stand their enemies , friends , or neuters ; otherwise they will be more apt to slight both the one and the other . but lastly , let 's give interest leave to follow revenge , and shew what measures we ought to take from the consideration of this cogent topic. i confess the motive is interwoven with that of glory ; but yet more firmly , because it runs on two principles , and both of vast weight and consequence ; the one is particular and private interest , the other is more general and public . this last aims at the common repose of europe , and its care and perpetual endeavour must be to restrain the ambition of those two great potentates , who court the empire , which cannot be effected without conserving england's peace at home , and confining those two inraged neighbours to their just and respective bounds , that if one of them should win any thing from his rival , he may not presently invade england , who became an idle spectator of their actions , without cherishing their mutual enmities , and giving a curb to their several enterprizes . if reason of state speaks loudly in deaf ears , glory doth it in shriller and clearer terms . but over and above this general peace of europe , wherein i could wish england were occupied , there is somewhat in special that should rouse her up from her present lethargic drowsiness , viz. that france brags how facil it is to blind her eyes , and cause her to take what new measures she pleaseth . you will say these are points of grand importance . convince england of them . well! i shall debate of both immediately . let 's first touch at this of the common safety , and we will in the next place consider of the proper means to bound france , that she may not abuse their credulity , who can certainly and absolutely mortifie her . marillac , ambassadour for francis the first , thus writes to his master from london , that the english were displeased they had suffered the french to fortifie ardres , and that before it was too late , they would hinder the finishing those fortifications : adding , that they were vext to the heart that the king had fortified ardres , and that they repented very much to have permitted our men proceed so far , that yet notwithstanding they had time enough to reduce matters to their former state , because they had been informed that ardres could not yet in one whole year be so repaired , but that it might be as easily forc'd . but if ardres , which is no more than a shadow of what france possesseth in the low countries , did heretofore strike a jealousie into england , should not that gross multitude of important towns , and the thirds of a large and vast estate , render her now by far much more jealous ? especially since it hath given such fearful and violent shocks unto the whole land , made another neighbour republick tremble , yea and it trembles to this very day at their near approaches ; the french armies being led on by a mighty captain trained up in the school of business , enur'd to hardships and fortunate successes in all his conduct and administrations . and ardres ( to lay nothing of calais and graveling ) is something less than dunkirk , if it be considered according to the present estimate that france doth set upon it . these two places are the two ports , from whence one day the storm shall be wasted over into england , if england suffer france to incorporate the naval forces of holland with her own , and to inoculate that fair bud into her imperial crown . persons of the weakest understanding may without difficulty penetrate into the issues and successes of such an union . and let it be remembred , that france was formerly invenem'd against england for redemanding calais , and having once got it out of the spaniards hands , she wanted neither armies , nor any other considerable means , to make a sure and speedy conquest of other places . if fear then bounded their proceedings , because it was not so easie a matter to dispossess the english , where once they had got footing ; yet was it easie enough to disseise and unroost others , either by force or treaty , as they did justly enough by that of vervins ; yet now the tables are turn'd , for they once understanding that spain is brought upon her knees , the conquest of that and england will not cost much time nor pains . the balance being now removed , their forces augment daily , and like a violent inundation carry all before them . it 's true , this is yet impossible if england do not stand neuter , while other nations are entering into more than a triple league ; which to effect the one and hinder the other , they turn every stone , they embarrass all affairs , they support the intrigue with a thousand hopes , and those hopes with a profuse expence of treasure , which forceth a passage through those fordid souls , whose sole interest is their private gain and advantage . and that which is most surprizing is this , they engage the favourites , who are lords of th' ascendant at court or elsewhere , and at this rate believe themselves potent enough to give what laws they please to all politick transactions , if so be the true interest give ground unto the false , which is cheating , changeable , and infallibly destructive to them that do embrace it . and by these means they of late cut the gordian knot of that triple league , as if they were cock-sure beforehand of their designs , and their business were already done unto their hands ; pomponne was dispatch'd into swedeland , to disengage that crown from the league by the golden promises of conquests , pensions , and presents , which will go very far in a poor countrey , and remove whatever obstacle stands in his way to the empire of all europe . the worst is , that in france at those times they did publish this negotiation , branding england with the goodly names of unconstant and perfidious . which brings to my mind a story of the viscount of narbonne , who told an englishman , that six hundred tun of wine and a pension had quickly sent them back again to england . the other answering , it was a tribute and no pension . this was in the reign of lewis xi . who disengaged england from succouring the dukes of burgundy and bretaigne . the jest was biting , but 't is the usual coyn wherewith france pays such whom it openly flatters , that so she may if possible ruin and strangle them the more cunningly . a league with england blocks up the spanish havens , so faith du plessis ; and the french are hot and intent upon it . truth is , the daughter of time and time must discover the events of this maxim. onely let me add by the way , that if france cannot prevail with england to do this jobb for her , she will tack about and treat with spain upon other terms , that relinquishing the spanish netherlands she shall be recompenced more abundantly with the : spoils of some other parts of europe , which france will conquer for her . we will unriddle this mystery , and let england seribusly consider . castillon in his embassie for francis i. writing from london adviseth his master to a league with spain against england ; for ( saith he ) i would ever counsel your majesty to quit other designs , and accord with spain , and to give this kingdom in preys , which may be with more facility and less expence effected , than to take calais ; for the expence cannot last above one moneth or six weeks at the most . divide england between you , and let each take those parts of it which lie most commodious and convenient for him . and in the close he subjoyns , your majesty may keep wales , and cornwall , and scotland for yourself , and leave be sorry remainders unto the emperour . there be three things worthy our observation from this embassador●s advice . the one is , that france believed she might cheat spain into this treacherous conquest , provided spain would but sacrifice to her covetousness and ambition the low countries . the second is , that spain keeps fast and faithful to the publick , and prefers it before her own private interest . and then lastly , because of this phantastick league england must immediately and infallibly be conquer'd as soon as invaded , especially let her be once abandon'd of her allies , and that france have brought spain and holland upon their knees , and hath united their scattered disjoynted naval forces with her own . i trust my sentiments are plain , so plain that the meanest capacity can comprehend me . alliances betwixt crowns bring little profit to the people . this is visible in the matches between the two royal houses of prance and england ; for no sooner was henrietta maria wedded unto king charles but state interest and the capricious humours of the favourites interrupted that peace , which a long time before had continued between both kingdoms , and by the marriage was sworn to be perpetuated . experience also of what had past might have render'd spain more advised , and to have avoided that snare , into which she ran through false maxims , with a great deal of joy. the onely quote one passage out of the memoirs of the duke of sully , he then writing to henry iv. about his intrigues with spain tells him ; that the growth of one prince is the diminution of another ; that no parentage , affinities , leagues , peace , treaties , agreements , oaths , or reciprocal promises , could ever yield sufficient precautions for time to come against interest of state. i could wish this memoir affixed on the cabinet of madrid for their future reformation , and that in time to come they would take other measures ; sith lewis xiv . adheres most pertinaciously to the maxims of sully , and that after a treaty sworn with the greatest seriousness and solemnity , and a cession of all rights made and verified in due form of law. for instead of observing it they are now debating other rights , and demand an hundred things , which being refused , they take up arms , and proceed to the worst acts of hostility , leaving us without hopes of any calm to follow upon this storm , which menaceth with an universal deluge all the netherlands . give me leave to subjoyn one important advice unto england : the right of edward iii. ( saith laboureur ) is not worth the mentioning , were it not to tell the world how unrighteous the english are in their pretentions to it , and to manifest what necessity lieth on us to keep that nation at a bay , at a distance from us , which is naturally quarrelsom , born our enemy , and that will borrow assistance whereever she can get it , and take up any the least pretext in the world to subdue and ruine us . robert abbot of la celle reproach'd an english prelate with this , that his countrymen in their inclinations resembled that element which did encompass them , that is to say , they were cruel , proud , unconstant , and seditious . these are noble elogies indeed conferr'd upon your friends , monsieur , in a time of perfect peace , nay upon your best and most potent friends , to whom you have in this present juncture of affairs your recourse , and who are guilty of this very great oversight , to suffer themselves to be charmed by your flatteries and cozenages . when as queen elizabeth redemanded calais for just reasons she then alleged , the french resolved rather to endure a war , wherewith she menac'd them , than to surrender it : because ( saith the same laboureur ) there was a double danger , one to suffer our ancient enemies to get footing in the continent of france ; and then too because they are hereticks , who would always have a faction in the state to revive their old quarrels at pleasure ; and that it more concern'd us now than heretofore , to shut them up with their new religion on the other side the sea. this was done in the sale of dunkirk , and if any other place offer it self to purchase , france will be no higler , but purchase it at any rate , supposing she be discharged of her wars with spain . again , queen elizabeth insisting still upon the restitution of calais , and speaking of it unto sancy , he after several shifts and excuses , by god , madam , ( quoth he ) can tour majesty be so simple as to imagine the king my master would give you calais again ? which answer touching her to the quick , she demands bouloigne in lieu of it . the king , who foresaw the consequence of the english setting footing once more on french ground , commanded her to be told , that he had rather the king of spain should give him a box on the ear , than the queen of england should give him a filip . and in troth she had not calais when the term of eight years was expired , although according to treaty it was then to have been surrendred , or hostages and sufficient security for payment of five hundred thousand crowns promised her in case of non-performance . but as usual they fail of their words , and the good queen onely recovered six score thousand crowns at the treaty of troys . thus calais is once again become french. france loves her own repose and glory too much ever to part with it ; and the subjects as well as their prince are too much in love with it , to suffer it slip out of their hands . i speak but the very words of the cardinal of lorrain ; there is no frenchman ( saith he ) but would rather hazard his life , than advise the king to surrender calais , and would not more willingly sacrifice his whole estate , than once give his consent thereunto . this was spoken like a true frenchman , and their neighbours should resent such daring expressions as tenderly as they themselves do , if there be any thing of credit in what s'aavedre reports , that the prince's acquists enhaunce his dread and reverence , but what he forgoes redounds to his contempt and scorn . francis i. would never engage himself with charles v. against england , fearing left in the conquest of this kingdom it should happen to him as it did in the conquest of naples , between ferdinand of arragon and lewis xii . the emperour being unable to brook an equal , and himself a superiour . besides , francis should have drawn upon himself a more potent enemy , than him of whom he was rid : the leopards of england being no less terrible than the eagles of the empire , or the lions of castile . yea the spaniards stifly seconded the english in their demands of calais , confessing , that they ought not to abandon them , and that if they were not protected , they very well knew spain would be next ruin'd ; so that their own losses would be greatest . this is written by the cardinal of lorrain . spain then reason'd solidly and judiciously . in prospect of this , henry viii . coined medals of gold , on whose reverse a hand appeared out of a cloud , holding a pair of balances in equilibrio ; the two scales whereof signified france and spain , with this motto , he wins on whose side i turn . queen elizabeth governed her self by the same maxim , and assisted henry iv. so long as he was weakest , but seasonably forbore when once she saw him start up beyond his just and proper bounds ; and at that time told sully , that neither france nor england , nor any others , had any thing to do with the low countries ; and that she would never endure the french king should gain so much as one inch of ground there . and when as pope clement viii . told cardinal ossat , that england hated france implacably ; he replied , at this time england hates spain more ; and that they ought now to regard the present state of affairs , which had united both french and english against a common enemy by one common interest , which was evermore the strongest and securest band among all states and princes . this reason which once serv'd the turn of france , shall at another opportunity do spain a kindness ; because kingdoms are not to be reputed strong or weak as they be in themselves , but as they hold comparison with their neighbours , and from proportion wherewith they are adjusted one unto another . du plessis sent this message to walsingham in england , not to abandon henry iv. nor the german protestants . let 's see whether we may not use those self-same words to evince the true interest of england . charles i. was convinc'd of it , and charles ii. hath been also , and will be possibly yet more , when like a great and deep statesman he shall be pleased to penetrate into the future . and it is not to be doubted , by the way he begins to take , and by what he had done formerly in person at the head of his army , that he will not suffer himself to be over-reach'd by false reasonings , nor give his slanderers occasion to say of him as of his grandfather king iames , that he knew not how , nor ever cared to manage businesses , nor would once put his hands to dispatch them , till such time as both means and opportunities had quite forsook him . i don't doubt but that charles , our gracious king who now reigneth , will recollect what happen'd , how , and by whom , unto his father ; and what manner of treatment he met withall in france , even with no less than banishment . and for all possible allurements from the french , he may be fully confident of receiving the same measure from them again , if the same occasion were , which god forbid ; or if he quit spain with his own true interest , and that of his kingdom , which subsists by commerce , to imbrace the humours and private interest of half-sighted and corrupt ministers . france debitting none other commodities than her brandies and apish gewgaws , in lieu of those substantial merchandizes england hath of her own , and importeth for all quarters of the habitable world. and when realities are forsaken , and deceits and cheats taken , immoderate and restless spirits do ordinarily take hold of such sensible arguments , to alienate and imbitter the hearts of the people ; which though frequently too too querimonious , yet gracious princes without humouring them in all their childish cravings , will nevertheless comply with all that shall be manifestly for their solid good. it were a pleasant story to relate the civilities of france to edward iv. who being at a pinch , and driven out of his kingdom by a competitor , and applying himself to one of their kings for assistance , could get none other answer than this ; that the league was made with the king of england and his state ; but he being no longer king of england , france could not without violating the articles of that league imploy their arms against him , who was then actually possessed of the crown . they discharged themselves of him very handsomly , and 't was a fine piece of raillery . god forbid we should be misinterpreted to give these as sawcy omens , that which we give as plain and sincere items , not to rely upon the french amity , which will prove a broken reed in case of need , as former and later examples convince us . yet this fear is groundless in our days ( thanks be to god ) for charles is a prince so august , of so much justice , and withall so well acquainted with the world as to that point , that he will not neglect the glory redounding to him from those victories he may atchieve with a wet finger , by treading in the footsteps of his renowned ancestours . above all it 's then most needful to use such means , when as a sovereign prince is grown so puissant by his arms , that the progress of his victories do make him terrible to his neighbours . the duke of roan gives the same advice in his interest of princes . thus i have endeavoured to lay open monsiuer and his policies , if our eyes will be but open to see ' em . and though we have proposed such ways and measures of attacquing the french in part of their own dominions , which may not be deemed to be at this juncture so practicable , as if we should rather go about to weaken 'em by helping their enemies and our allies ; yet that is an executive part , and fitter for other persons to direct and prescribe . our design here being onely to make such an answer as we thought the fittest to brow-beat that domineering nation ; we judged that the aptest and shortest way to refute their contumelies and shallow pretensions on england , was plainly to raise a counter-battery of other pretensions on france , which are more grounded ; to speak to them like britains , or old englishmen , to borrow some strong arguments ad hominem from both the edwards quiver , to manifest that we are not so weak as to stand a scanning it with 'em scholar-like with a weak pen ; but rather man-like to shew , that we are more ready to make an answer with our swords , and with the point of it to prick this bladder of ambition , which so vainly puffs 'em up in conceit above their neighbours , whom they so presumptuously despise , slander , and would trample under ; as if they forgot that the english are the same when e're put to it , that they felt 'em to be at poictiers , at guyenne , and many other places in france , in the days of old . but if they or any of them in england will take offence at any thing that 's said here , we say 't is but a retaliation to their writers . if they say , that their writers spoke but their private sense , then let this pass for such another piece . for i protest no publick or private person ever moved me to it , but the meer disinterested affection i bear to my countrey ; and i am so far from having any particular grudge against the french on any account , ( such as the common people usually have they know not why ) that i declare they have been far more just and grateful to me than england it self . but let that pass ; and if the french will or must own , that the french politician , and these other defamatory memoirs , came from the closet of publick persons , and were spirited and are followed by such in their present courses ; we englishmen do likewise for our parts ( whatever has been here said by way of argument , and to shew frenchmen that we want neither eyes , feeling , nor courage ) submissively and wholly leave it to our sovereign and his counsellors , to return a more fit and publick answer to france in this point in their own due time . for we are not unsensible , that those that sit in eminent places have a larger and clearer prospect of things than others ; so that the word of command and motion is to be always expected from them as from the head : but sometimes persons that stand on a far lower ground may have a more particular knowledge of some gaps and precipices which are just within their own reach and precinct . and even a courrier or scout may without reflexion to his generals , make a report touching the matters of fact he has observed in his course on the borders of the enemy , and also what he thinks of their next motions , by what he hath heard or seen among themselves . finis . ☞ the jesuit's catechism , according to st. ignatius loyola , for the instructing and strengthening of all those which are weak in that faith ; wherein the impiety of their principles , perniciousness of their doctrines , and iniquity of their practices are declared . printed for robert harford , at the angel in cornhill near the royal exchange , in quarto . price s. ☞ humane prudence , or the art by which a man may raise himself and fortune to grandeur . by a. b. sold by robert harford , at the angel in cornhil . price s. several votes of the commons assembled in parliament concerning such members of the house as have any ways ayded or assisted the king in the vvar against the parliament. die veneris, julii, . england and wales. parliament. house of commons. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) several votes of the commons assembled in parliament concerning such members of the house as have any ways ayded or assisted the king in the vvar against the parliament. die veneris, julii, . england and wales. parliament. house of commons. sheet ([ ] p.) printed for edward husband, printer to the honorable house of commons, london : iuly . . votes and order to print signed: h: elsynge, cler. parl. d. com. no person who has aided the king, or acted by a commission of array, or sued out a pardon since may , or aided the rebellion in ireland, or is sequestered for delinquency, shall sit in this house -- cf. steele. reproduction of the original in the british library. eng england and wales. -- parliament -- early works to . great britain -- history -- civil war, - -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no several votes of the commons assembled in parliament, concerning such members of the house as have any ways ayded or assisted the king in th england and wales. parliament. a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion several votes of the commons assembled in parliament , concerning such members of the house as have any ways ayded or assisted the king in the vvar against the parliament . die veneris , julii , . ordered by the commons assembled in parliament , that no person that hath been in actual vvar against the parliament , or hath acted by the commission of array , or voluntarily ayded the king in this vvar against the parliament , or that since the twentieth of may , in the year . hath sued for , or voluntarily accepted a pardon from the king , or hath directed , advised , assisted , signed or consented unto the cessation of ireland , or otherwise assisted the rebellion of ireland , or as stand sequestred by authority of parliament for delinquency , shall presume to sit in this house . ordered , that the persons that shall be comprehended within this order , shall incur the penalty of being put into the second branch of the fourth qualification in the propositions , concerning such members as deserted the parliament , and sate in the unlawful assembly at oxon. ordered , that such members as are in town , or within ten miles of the city of london , as shall conceive themselves concerned in this order , shall have liberty to present their case to the house , under their hand in writing , before thursday next . ordered , that the space of twenty days shall be given to such members as are not within ten miles distance of london , that shall conceive themselves concerned in this order , to present their case to the house under their hand in writing . ordered , that if any of the members to whom the liberty of twenty days is granted , shall come to the house within the said space of twenty days , shall have four days liberty onely within the said former twenty days , to present their case under their hand in writing to the house . h : elsynge , cler. parl. d. com. ordered by the commons assembled in parliament , that these orders be forthwith printed and published : h : elsynge , cler. parl. d. com. london , printed for edward husband , printer to the honorable house of commons , iuly . . by the king, a proclamation concerning some illegall warrants lately issued into severall places in our counties of buckingham and bedford, and other counties, under the name of the earle of essex, or by his pretended authority england and wales. sovereign ( - : charles i) this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing c ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing c estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) by the king, a proclamation concerning some illegall warrants lately issued into severall places in our counties of buckingham and bedford, and other counties, under the name of the earle of essex, or by his pretended authority england and wales. sovereign ( - : charles i) charles i, king of england, - . broadside. by leonard lichfield ..., printed at oxford : . "given under our signe manuall at our court at oxford, this seaventh day of iune, in the nineteeth [sic] yeare of our reigne." reproduction of original in the bodleian library. eng essex, robert devereux, -- earl of, - . great britain -- history -- civil war, - . great britain -- politics and government -- - . a r (wing c ). civilwar no by the king, a proclamation concerning some illegall warrants lately issued into severall places in our counties of buckingham and bedford, england and wales. sovereign a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion royal blazon or coat of arms c r honi soit qvi mal y pense by the king . ¶ a proclamation concerning some illegall warrants lately issued into severall places in our counties of buckingham and bedford , and other counties , under the name of the earle of essex , or by his pretended authority . we have lately seene some warrants sent abroad under the name of robert earle of essex now in actuall and open rebellion against us , and under the names of sr peter temple , sr william andrews , thomas terrell , and others , who ayde and assist the said earle in his rebellion , commanding diverse inhabitants of those counties to send in horses , armes , uictualls , and money , towards the maintenance of the army raysed under the command of the said earle against us , and intimating that if those to whom those warrants are directed , shall refuse to obey the same , they shall be reputed as enemies to their country , and be proceeded against accordingly . we wonder that any should be so bold , as to make such warrants and publish them , they being utterly illegall and trayterous ; we shall wonder if any shall be so weake to be seduced by such impostures , as to lay aside their duty and alleagiance to their king , for feare to displease those who casting away the feare of god and men , are in rebellion against their soveraigne . but least any should be seduced , and hoping that some may beware of , and so avoyd the danger they may suddainly fall into , in yeelding to these to illegall commands , and so become partakers in the crimes , and runne into the danger of the forfeitures which attend them , we have thought it fitt to declare , and we doe hereby publish and declare , that whosoever shall seduce others , or suffer themselves to be seduced in giving obedience to any such warrants , commands , or perswasions , that they doe thereby incurre the crime of high treason , as ayders , and assistants to those rebells , and must expect to undergoe the penalties and forfeitures justly due for the same . given under our signe manuall at our court at oxford , this seaventh day of iune , in the nineteeth yeare of our reigne . god save the king . printed at oxford by leonard lichfield , printer to the university . . mr. grymstons speech in parliament upon the accusation and impeachment of william laud arch-bishop of canterbury upon high treason declaring his wicked proceedings and ex-orbitant power, both in church and common-wealth. speech in parliament upon the accusation and impeachment of william laud grimston, harbottle, sir, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing g ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing g estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; :e , no ) mr. grymstons speech in parliament upon the accusation and impeachment of william laud arch-bishop of canterbury upon high treason declaring his wicked proceedings and ex-orbitant power, both in church and common-wealth. speech in parliament upon the accusation and impeachment of william laud grimston, harbottle, sir, - . [ ], p. s.n.], [london? : . reproduction of original in thomason collection, british library. eng laud, william, - . great britain -- politics and government -- - -- sources. a r (wing g ). civilwar no mr grymstons speech in parliament upon the accusation and impeachment of william laud arch-bishop of canterbury, upon high treason declaring grimston, harbottle, sir d the rate of defects per , words puts this text in the d category of texts with between and defects per , words. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - tcp staff (michigan) sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion mr grymstons speech in parliament upon the accusation and impeachment of william laud arch-bishop of canterbury , upon high treason declaring his wicked proceedings , and exorbitant power , both in church and common-wealth . printed in the yeare , . mr. grymstons speech in parliament , vpon the accusation and impeachment of william lavd arch-bishop of canterbury , of high treason . mr. speaker , there hath beene presented to the house , a most faithfull and exact report of the conference wee had with the lords yesterday , together with the opinion of the committees , that were imployed in that service . that they conceived it fit the arch-bishop of canterbury should bee sequestred . i must second the motion , and with the favour of the house , i shall be bold to offer my reasons , why i conceive it more necessary , we should proceed a little further , then the desire of a bare sequestration onely . mr. speaker , long introductions , are not sutable to weighty businesse , wee are f●lle● upon the gteat man , the a●ch-bishop of canterbury , looke upon him as he is in his highnesse , and he is the stye of all pestilent filth , that hath infected the state , and government of the church and common-wealth , looke upon him in his dependancies , and he is the man , the onely man that hath raised and advanced all those ( that together with himselfe ) have bin the authors and causers of all the ruines miseries , and calamities , we now groane under . who is it , but he only , that hath brought the earle of strafford to all his great places , and imployments , a fit instrument , and spirit , to act and execute all his wicked and bloudy designes in these kingdomes ? who is it , but hee onely , that brought in secretary windebanck , into the place of secretary and trust , the very broker and pander to the whore of babylon ? who is it , mr. speaker , but he onely , t●at hath advanced all popish bishops ? i shall name some of them ; bishop manwairing , the bishop of bathe and wells , the bishop of oxford , and bishop wren , ( the least of all ) but the most uncleane one . these are men that should have fedde christ's flocke , but they are the wolves that devoured them ; the sheepe should have fed upon the mountaines , but the mountaines have eaten up the sheepe . it was the happinesse of our church , when the zeale of gods house did eate up the bishops ; glorious and brave martyrs that went to the stake , in defence of the protestants religion ; but the zeale of these bishops , have beene to eate up and persecute the church . who is it , mr. speaker but the great archbishop of canterburie , that hath sit at the helme to guide and steere them to all the managing of their projects , that have beene set on foot in this kingdome these tenne yeares last past , and rather then hee would stand out , he hath most unworthily trucked and chaffered in the meanest of them● as for instance , that of tobacco , wherein thousands of poore people have beene stripped and turned out of their trades for which they have served as apprentises , wee all know hee was the compounder and contractor with them for the licences , putting them to pay fines , and fee and farmerents to use their trades . certainly , mr. speaker , he might hav● spent his time better ( and more for his grace ) in the pulpit ; then thus sharking and raking in the tobacco-shop . mr. speaker , we all know what he hath been charged withall heere in this house , crimes of a dangerous consequence , ●nd of transcendent nature , no lesse then the subversion of the government of this kingdome , and the alteration of the protestant religion , and thi● not upon bare information onely , but much of it comes before us already , upon cleere and manifest proofes , and there is scarce any businesse , grievances , or complaints , come before us in this place , wherein wee doe not find him intermingled , and as it were twisted into it , like a bus●e and angry waspe , his sting in the tayle of every thing . wee have this day heard the report of the conference yesterday , and in it the accusations which the scottish nation hath charged him withall , and we doe all know , hee is guilty of the same ( if not more ) in this kingdome . mr. speaker , hee hath beene and is , the common enemy to all goodnesse and good men , and it is not safe , that such a viper should be neere his majesties person , to distill his poyson into his sacred eares , nor is it safe for the common-wealth , that hee should sit in so eminent a place of government , being thus accused , wee know what we did in the earle of straffords case . this man is the corrupt fountaine that hath infected all the streames , and till the fountaine be purged , wee cannot expect to have any cleere channels . i shall be bold therefore to offer my opinion , and if i erre , it is the errour of my judgement , and not my want of zeale and affection to the publike good . i conceive it most necessary and fit , that wee should now take up a resolution to doe somewhat , to strike whilst the iron is hot ; and goe up to the lords in the name of the commons of this house , and in the name of the commons of england ; and to accuse him of high treason , and to desire their lordships , his person may be sequestred , and that in convenient time they may bring up the charge . finis . by the king, a proclamation against steelets, pocket daggers, pocket dagges and pistols england and wales. sovereign ( - : james i) approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a stc . estc s ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) by the king, a proclamation against steelets, pocket daggers, pocket dagges and pistols england and wales. sovereign ( - : james i) james i, king of england, - . broadside. by robert barker ..., imprinted at london : . "giuen at white-hall, the . day of march, in the fourteenth yeere of our reigne of great britaine, france and ireland, and of scotland the nine and fourtieth"--colophon. reproduction of original in the henry e. huntington library and art gallery. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng crime prevention -- england. weapons -- england. armor -- england. proclamations -- great britain. great britain -- politics and government -- - . great britain -- history -- james i, - . - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion honi soit qvi mal y pense royal blazon or coat of arms ❧ by the king. ❧ a proclamation against steelets , pocket daggers , pocket dagges and pistols . the loue and care wee haue towards the preseruation of our subiects , and the keeping of our lande from being polluted with blood ; doth make us striue with the euill humors and depraued customes of the times , to reforme and suppresse them by our princely policy and iustice ; to which end and purpose , we haue by the seueritie of our edict , ( proceeding from our owne pen , and by the exemplar censure and decrees of our court of starre-chamber ) put downe , and in good part mastered that audacious custome of duelles and challenges , and haue likewise by a statute made in our time , taken away the benefit of clergie in case of stabbing , and the like odious man-slaughters : wherefore it being alwayes the more principall in our intention to preuent , then to punish , being giuen to vnderstand of the vse of steelets , pocket daggers , and pocket dags and pistols , which are weapons vtterly vnseruiceable for defence , militarie practise , or other lawfull vse , but odious , and noted instruments of murther , and mischiefe ; we doe straightly will and command all persons whatsoeuer , that they doe not hencefoorth presume to weare or carie about them any such steelet or pocket dagger , pocket dagge or pistoll , vpon paine of our princely indignation and displeasure , imprisonment and censure in the starre-chamber ; and we doe likewise straightly forbid vpon like paine all cutlers , or other person , to make or sell any of the said steelets , pocket daggers , pocket dagges or pistols . giuen at white-hall , the . day of march , in the fourteenth yeere of our reigne of great britaine , france and ireland , and of scotland the nine and fourtieth . god saue the king imprinted at london by robert barker , printer to the kings most excellent maiestie . anno dom. . a faithfull and conscientious account for subscribing the engagement discussed in four sections : i. motives for just expediency of giving such account, . the account truely stated and explained, . reasons justifying the faithfulness of it, . objections against it, satisfactorily answered. paget, thomas, d. . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing f ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing f estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a faithfull and conscientious account for subscribing the engagement discussed in four sections : i. motives for just expediency of giving such account, . the account truely stated and explained, . reasons justifying the faithfulness of it, . objections against it, satisfactorily answered. paget, thomas, d. . [ ], - p. printed for l.l. and h.c., london : . "to the right vvorshipful mr. mayor" signed: thomas paget. reproduction of original in the union theological seminary library, new york. eng great britain -- history -- commonwealth and protectorate, - . great britain -- politics and government -- - . a r (wing f ). civilwar no a faithfull and conscientious account for subscribing the engagement. discussed in four sections. . motives for just expediency of giving s paget, thomas c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - rachel losh sampled and proofread - rachel losh text and markup reviewed and edited - pfs batch review (qc) and xml conversion a faithfull and conscientious account for subscribing the engagement . discussed in four sections . . motives for just expediency of giving such account . . the account truely stated and explained . . reasons justifying the faithfulness of it . . objections against it , satisfactorily answered gal. . . but let every man prove his own worke , and then shall he have rejoycing in himself alone , and not in another . act. . . and herein do i exercise my self to have alwayes a conscience voyd of offence toward god and toward men . london , printed for l. l. and h. c. mdcl . to the right vvorshipful mr. mayor , aldermen and inhabitants of shrewsbury , fearing god , and faithfull to the common-wealth of england ; together with my ancient neighbours , and christian acquaintance in cheshire , lancashire , and other parts : love and peace with holinsse be multiplied unto you . most endeared fathers and brethren in the lord christ . forasmuch as subscribing the engagement required by act of parliament , is very unworthily contradicted , and unjustly censured ; not only by some men of corrupt minds and perverse spirits , but also by some eminent persons professing the truth which is after godliness ; as if a declaring & promising to be true and faithfull to the common-wealth of england , as it is now-established without a king , and house of lords , were unlawfull . it hath therefore seemed good unto me , ( who am concerned herein , as well as other prudent and piously conscientious christians throughout the nation ) to give a just and faithful account of the reasons grounded on the word of god , perswading and swaying to ingage . this my undertaking is also the rather in the behalf , and for the sake of severall sorts of people , i being desirous according to the will of god , as oportunity and capacity serveth , to do good unto all ; albeit , more especially to the houshold of faith . because some are , viz. . malignant adversaries , who cease not to withstand and calumniate just waies , and to speak evill of them that walk therein , as evill doers ; even these enemies of righteousnesse , have notwithstanding some offices of heighbourly love , and christian duty owing to them from christs disciples , which ought to be performed . see mat. . . that so they may be convinced , and made ashamed , and their ignorance may be put to silence , ( pet. . . & . . ) if peradventure they may repent , and obtaine paidon of their sin . see act. . . . sullen malecontents , and refractory despisers of present government , transported by a spirit of delusion ; who unavoidably taking notice of the viall of gods wrath powred upon the sun , i. e probably , on an eminent nominall protestant prince , but adhering fixedly to romish hierarchy , rooted in popery , so as they are scorched with heat , and gnaw their tongues for pain , and think they do well to be angry even to death , not repenting of their deeds , nor giving glory to god . who knoweth whether it may yet please god , that these may not hearken to that divine exhortation , zech. . . be silent o all flesh before the lord , for he is raised up out of his holy habitation ; yea , and take up the acclamation of the angell of the waters , rev. . , , . thou art righteous o lord , which art , and wast , and shalt be , because thou hast judged thus ; for they have shed the blood of saints and prophets , and thou hast given them bloud to drink , for they are worthy . and of another angell , even so lord god almighty , true and righteous are thy judgements . . novices , and unskilfull persons newly entred into the way of christianity , who are as children , and have not so fully attained the spirit of love , of power , and of a sound mind , nor yet are of capacity by use to exercise their senses in discerning both good and evill , ( heb. . . . ) such ought to be dealt withall respectively and tenderly , and by some manuduction guided in their way , even as a nurse cherisheth her children in their minority . see isa . , . hos. . . thes. . . . scrupulous questionists , and conflicting christians in the school and field of spirituall warfare , who being assaulted by the lustfull devices of their owne deceitfull hearts ; and also by satan , and his agents co-operating suggestions , may stand in need of brotherly and fellow souldierly assistance , and mutuall incouragement . see gal. . . iohn . , . even as the brave captaine generall ioab did most prudently in a councel of war , advertise his brother abishai in the warre against the syrians and ammonites , sam . . , , . . fathers and growne men in christianity , established in the truth , which is after godlinesse , who are come to the unity of the faith , and of the knowledge of the sonne of god , and a perfect man , unto the measure of the stature of the fulnesse of christ , ephes. . . even these may be excited and incouraged to glorifie god in their beholding the unanimity of their brethren , in their actings according to the uncontroulable principles of the sacred scriptures , of both the old and new testament , see exod. . . rom. . . compared , with galat. . . . . the supreme powers , and fathers of our native countrey , may hence take knowledge for their greater incouragement , ( who have enacted parliamentarily the subscribing of the engagement ) in their well-governing ; that the christians subject to their authority , doe with good reason submit themselves to a due compliance therein , and are ready to render just grounds of their so obeying in the lord , according to the rule of scripture . see mat. . . titus . . this my plain and upright-hearted endeavour , i doe humbly offer and dedicate to your prudent , and impartiall censures and patronage , who according to the knowledge you have experienced of my doctrine and conversation amongst you , are most able and meet to judge what i say , and in proving all things , to hold fast that which is good , as indeed ye ought . see cor. . . thes. . . my reciprocall and obliged engagement mutually , i chuse to expresse in the very words of the blessed apostle paul , even as he testified his love and faithfulnesse to the saints at corinth . see cor. . , . my rejoycing is this the testimony , of my conscience , that in simplicity , and godly sincerity , not with fleshly wisdome , but by the grace of god , i have had my conversation in the world , and more abundantly to you wards . for i write none other things unto you , then what you read , or acknowledge , and i trust you shall acknowledge , even to the end . now the god of peace that brought again from the dead our lord , jesus , that great shepheard of the sheep , through the blood of the everlasting covenant : make you perfect in every good work to do his will , working in you that which is wel-pleasing in his sight , through jesus christ , to whom be glory for ever and ever . amen . so prayeth , your servant in the lord for jesus sake , thomas paget . a faithful & conscientious account for subscribing the engagement . sect. i. motives and grounds for the reasonableness and expediency of giving account herein . . moses and the prophets in the sacred historical scriptures ( written for our instruction and admonition , on whom the ends of the world are come , rom. . . cor. . . ) declaring the true state and occurrences of old testament times , do give a just and faithful account of their own faithful and warrantable deportment , and likewise of the faithful deportment of others , the good servants of god in their generations occasionally made mention of by them , viz. of noah , abraham , david , asa , iehoshaphat , &c. this is so plainly written throughout their books , that a man may run and read the same : to allude to habak. . . and surely they saw a reasonableness and expediency in so doing ; they being holy men of god , and writing as they were moved by the holy ghost , pet. . , . . the apostles and evangelists , who wrote the historial scriptures respecting the state of new testament times , ( which being compared with old testament times , are stiled times of reformation , heb. . . ) they also do give a clear and perfect account , not only of evangelical doctrine ( the truth which is after godliness , tit. . . ) but also of particular occasional acts , wherein they were exemplary for our imitation , and following in the same , iohn . . luk. . , , , . act. . . as may most fully appear in a short view of the two remarkable instances , beyond all exception ; viz. . instance , touching our most blessed lord and saviour jesus christ , our spiritual king and prophet , his worthy acting and walking excepted against : . by pharisees , for his eating with publicans and sinners , mat. . , , . . by the disciples of iohn baptist , about frequent fasting , chap. . . , , . . by the multitudes , concerning iohn baptists and his own ministry , chap. . , &c. . by the pharisees , about the traditions of the elders , chap. . , to . . by his own disciples , ignorant of the meaning of parables , chap. . , to . . by the herodians and pharisees , about tribute to caesar , chap. . , to . in all these it is requisite that wisdom should be justified of her children : see mat. . . . instance , touching apostolical practises and actings in the first and purest primitive times , who were vindicated therein , albeit they were contradicted : . by mockers at the fulness of the holy ghost given , acts . , , &c. . by people wondering at the cure of an impotent man , chap. . , . . by rulers , elders and scribes , touching the same thing , chap. . , . . by them of the circumcision about the gentiles conversion , chap. . , , . . by certain men from iudea , about observation of circumcision , acts . , &c. . by the athenians , concerning the resurrection , chap. . , , to the end . . see also more specially and fully the perfect account of the apostle paul himself , touching the main of his actings , acts . &c. to the end of the book . . there is a cloud of witnesses , even of the greek and latin ancient fathers , viz. iustine martyr , athenagorus , tertullian , &c. ( it may seem vain to amuze the reader with a catalogue of their names , and titles of their books , respecting this matter , ) who gave good account of their christian actings against pagans , and hereticks of various sorts , and otherwise also , as emergent cause and occasion called for , plentifully testified in their useful learned writings . . in the several centuries , when gross antichristianism dominecred for the most part throughout all europe , then god had his faithful witnesses notwithstanding , who did substantially and couragiously withstand and testifie against the same , apocal. . . this is most singularly evidenced by the industrious collection of the magdeburg centurists , by mr iohn fox in his book of martyrs , by the noble french lord philip morney , in his history of the mystery of iniquity , its progress and opposition ; by doctor usher , in his latin treatise of the state and succession of christian churches , &c. . when our english nation came out of spiritual babylon , the mother of harlots , and abominations of the earth , in the reign of queen elizabeth , here was iohn iewel returned from exile , a most learned and renowned confessor , who wrote an apology for the church of england for her forsaking rome in the point of doctrine . here was also learned and conscientious mr thomas cartwright , udall , and divers others , who excellently declared and demonstrated against hierarchy , and romish superstitious ceremonies , in their judicious treatises against the same . . in the beginning of k. iames his reign in england ( some overtures being for the reforming of discipline and divine service ) there was arguing against corruptions in discipline and worship at the hampton . court-conference by profound dr reinolds , mr chadderton , and mr knewstubs : and besides that , many godly learned and zealous ministers of lincoln diocess , by themselves , of devonshire and cornwall , of london , and sundry other counties , each by themselves , exhibited their solid arguments against episcopacy and superstitious conformity , yea much was effectually pleaded in this kind by mr bradshaw , mr sherwood , and other particular men . . after this dr morton becoming prelate of chester ( looked on for great dexterity in popish controversies ) he resolved to try his strength against the non-conformists in cheshire and lancashire , and to this purpose required some of them ( which he singled out ) to propound their arguments against the cross in baptism , surplace , and kneeling at the communion ; which done by them , and yet they in no wise convinced : the said non-conformists ( amongst whom the now accountant was one ) were commanded to give him their arguments in writing , which they also did ; yet he finding his endeavor fruitless in conferences openly and privately , by how much they justified their reasons , he then ( as the event manifested ) wrote a book in defence of those three nocent ceremonies : but howbeit the said non-conformists could not with liberty and safety reply unto his books , ( which otherwise they were ready unto , ) yet god raised up pious and acute dr ames ( who then was an exile in the united netherlands ) to reply unto it ; yea and whereas mr burges ( a doctor in physick , and sometimes himself a non-conformist , however he declined therefrom , through the ensuaring iniquity of the times , and became a conforming minister ) rejoyned unto the reply ; yet the said dr ames commenced a fresh suit against his rejoynder for these ceremonies , which as it is well known was an exceptible service in those times to the suffering people of god , although it were barked against by the prelatical party . . of late in k. charls his reign , swollen into extream tyranny , every one almost of any observation , may have taken knowledg of manifold notable and just declarations and remonstrances of parliament , tending to undeceive the people ; yea and manifold effectual petitions and humble advertisements to the parliament from the oppressed people throughout the land , witnessing against oppressions by arbitrary power in the civil and ecclesiastical state , and submisly requesting and pleading for reformation . ix . in this present juncture of the perplexed scruples of many , by occasion of the required subscribing the engagement , there are some eminent men of well guided counsels , and composed temper of their publique spirits , who have given forth their judicious considerations , endevoring meekly and learnedly to give satisfaction to such as are studious to understand rightly in so grand a case of conscience as it is pretended to be . x. and hence it is that the premisses are effectual motives ( some commissioners having been designed by the supreme power to take subscription to the engagement according to the act of parliament ) unto the accountant , having declared his submission to authority , to declare also that he acteth according to right reason satisfactory unto himself , and for the satisfying of others , who possibly may wonder and marvel , for want of information , at such his compliance . sect. ii. the account it self truly stated , and clearly explained , in its genuine and proper sence . the form of subscription to the engagement , ordained by the act of parliament , is expressed in these words ; viz. i do declare and promise , that i will be true and faithful to the common-wealth of england , as it is now established without a king , or house of lords . howbeit it must needs be acknowledged , that this form of words hath a most easie and clear sence to any ordinary capacity , so as no doubt nor scruple can be contained in it : yet notwithstanding , for our better making use and improvement of the certain and unquestionable meaning of it unto an effectual demonstration of its lawfulness and expediency , the contents thereof shall be resolved into the four parts or branches , which are obviously remarkable , and each of them explained and considered by themselves : viz. . the particular condition of the person concerned and engaged . . the act of subscribing in the peculiar nature thereof . . the object of this peculiar act . . the modification and restriction of the object in its limits and bounds . the explanation of the parts and branches . i. the condition of the person engaging , [ i , ] an english born subject , receiving benefit and protection from this present commonwealth , as it is now established , in the exercise of christianity , and of my particular calling unto the ministry of the gospel in a pastoral charge . note . [ that which is said touching the condition of the particular person in his calling and capacity specified , hath the same sence ( mutatis mutandis ) respecting all sorts of persons concerned in the engagement , of what calling , state , degree , and condition soever ; whether they be noblemen , gentlemen , or commons ; whether they be subordinate magistrates , judges , justices , majors , sheriffs , bayliffs , or constables ; whether they be lawyers , physicians , ministers , schoolmasters , souldiers , merchants , mariners , tradesmen , husbandmen , or artificers ; and whether their habitations are in cities , towns , or villages , or whether of any other province comprehended under the same government . ] ii. the act of subscribing in the peculiar nature of it , is in this expression ; [ i do declare and promise , that i will be true and faithful to &c. ] expla. the nature and sum of this act consisteth in the exercising of truth and faithfulness , and approving ones self therein as occasion offereth ; in no wise giving way to an acting of falshood and treachery against the commonwealth ; nor to an opposing or undermining the peace of the english nation under the present government by any means ; nor to a contriving or practising directly or indirectly any thing to the disturbance thereof : for to this effect the very preamble of the act of parliament for subscribing the engagement , hinteth the sence . vid. ibid. and the law-givers themselves are their own best interpreters . iii. the object of the act of declaring and promising to be true and faithful , is , as it is expressed , [ the commonwealth of england . ] expla. touching this branch , it may be observed for the better understanding of it , god that made the world , and hath made of one blood all nations of men to dwell on the face of the earth , and hath determinted all the times before appointed , and the bounds of their habitation , see act. . . . he hath so ordered ; and brought to passe , according to the counsell of his own will , eph. . . that even englishmen for many generations , have as a nation lived nationally in england , and been combined in a politike body , or common-wealth , according to the rights and customes of this nation , chosen and consented unto by the people hereof : thus is the common-wealth of england to be estimated . iv. the modification and restriction of the object of the act of subscribing , is limited and bounded in this expression , [ as the common-wealth of england is now established without a king and house of lords . ] expla. concerning this last branch it may be observed , that the common-wealth of england is now established without a king , and house of lords , according to a declaration of the parliament , intituled , a declaration of the parliament of england , expressing the grounds of their late proceedings , and of setling the present government in the way of a free state : this was ordered , march . . by the commons in parliament assembled , to be printed and published . and thus much briefly and perspicuously for the summe , and parts , and sense of the forme of the engagement . sect. iii. reasons asserting and justifying the faithfulnesse and conscionablenesse of engagement . i. reason . because such subscribed engagement is agreeable to the law of nature and nations revealed in the holy scriptures , dictated and inspired by the spirit of the god of nature and nations , who is our king and law-giver , isai. . , even the one onely law-giver , who is able to save and to destroy ; see iam. . . compared with tim. . . ergo , it may and ought to be subscribed : this reason shall be evidenced and illustrated according to the foure branches and parts observed in the forme of engagement . . the condition of the person subscribing , even one who is a subject under this established present government of the common-wealth of england , and receiveth benefit and protection from the same , giveth good evidence and illustration to this first reason : for it is both lawfull and requisite that any person , who is a subject under any supreme power whatsoever , of what kind soever the power is , whether it be monarchicall , aristocraticall , or democraticall , and of what nation soever the person and subject is , it is necessary , i say , that such subject person be true and faithfull to such supreme power . this is demonstrable by an induction of particular instances , viz. . ioseph the son of the patriark iacob , an hebrew fearing god , he by occasion living in egypt , ( having been sold thither ) did not onely accept imployment under the supreme power there , but also was true and faithfull thereunto , yea , though egypt was an house of bondage unto the israelites , see gen. . &c. . mordecai , a truly religious jew of the children of the captivity , did witnesse his truth and faithfulnesse unto the persian monarchy , by his ingenuous discovery of the treasonable and murderous designe of bigthan and teresh , two of the kings chamberlains against king ahashuerus , reigning in persia at that time ; see esther . , . . nehemiah , an eminent servant of god , served artaxerxes the king of persia , and was true and faithfull unto the supreme power , both in submitting unto , and observing of his directions and appointment ; see neh. . . & cap. . . . our blessed saviour jesus christ in the dayes of his flesh here on earth , declared his mind touching faithfulnesse to tiberius caesar , the romane emperor , being at that time supreme commander over the jewish nation , so far as did concern that his supreme power , whatever difficulties and confusions the jewish nation was involved into in those daies ; see mat. . , , . . the holy apostle paul approving his apostleship to the gentiles , as became him , instructeth the christians at rome to submit faithfully and conscientiously to the present supreme power there , though the emperors in those times were monstrous and bloody usurping emperors ; see rom. . , , , , , &c. . the great apostle peter saw just cause that the brethren of the dispersion throughout pontus , galatia , cappadocia , asia and bythinia , should submit themselves unto the present power they were under in those severall territories , what ever the power was for its kind ; and this for the arguing their faithfulnesse unto those powers , and their christian faithfulnesse in so doing ; see pet. . , , , , . these instances may beyond all exception , vindicate the person who is an english subject , and hath his subsistence and livelihood in england , for his ingaging unto the now established common-wealth of england , the tie of this relation being more naturall and fundamentall then those before mentioned : hereunto might be added , of how good report it is , ( philip . . . ) that in case any prisoners amongst us have liberty to go abroad , upon their parole , and ingaging themselves to their goalers and keepers to faithfulnesse , that they approve themselves unto them therein ; how much more in the case in hand ? . the second branch in the form of engagement , is the act of subscribing in its peculiar nature , and it is expressed in these words , [ i declare , and promise to be true and faithfull to , &c. ] now this peculiar act doth afford another ground to argue the reasonablenesse of the engagement , according to scripturall reason : sith truth and faithfulnesse in any persons in any concernments , doth hear well on all hands , as on the contrary , falshood and trechery doth hear ill . this may be manifested and evinced in these ensuing assertions . god himself is glorified by his attribute of faithfulnesse , deut. . . psal. . . . christ stileth himselfe the faithfull and true witnesse , apocal. . . . gods gracious respect is unto faithfull ones , heb. . . . mat. . . . . faithfulnesse is a character of approved ones : see instances , viz. . a faithfull man fearing god above many , neh. . . . a faithfull priest , doing according to gods heart , sam. . . . faithfull with the saints , ruling with god , hos. . ● . . a faithfull ambassador is health , prov. . . . it is required of stewards to be found faithfull , cor. . . . a faithfull and wise servant , mat. . . . a faithfull martyr , apocal. . . &c. . falshood and unfaithfulnesse is a character of the wicked , psal. . . as being , . prohibited , exod. . : . reproved , psal. . . . punishable , deut. . , . &c. these particular assertions being duly weighed , are grounds and motives to attract and perswade evermore to act truly and faithfully , as the nature of the object doth also further require , nextly to be insisted on . . the object of the act of subscribing the engagement , doth give yet further ground of evidence and confirmation of the first scripturall reason , viz. [ i declare and promise to be true and faithfull to the common-wealth of england . ] sith the common wealth of england is the same common-wealth that it hath been for very many ages and generations successively ; as it may appeare divers wayes . . it is of the same english language , and native mother tongue . . it is the same continent , and hath the same borders and bounds . . it hath the same great charter of its laws [ magna charta . ] . it acteth in the doing of justice and judgment in the same way of open courts at westminster , and in the severall counties of the nation at assizes , and sessions , and inferior judicatories ; and these transactions are managed by the learned judges , justices of peace , stewards , juries , and witnesses , &c. as hath been antiently accustomed . . it professeth and establisheth the true christian religion , according to the sacred scriptures of the old and new testament . . and principally it enacteth lawes by parliamentary power , and it onely , enacting some new laws , and repealing some old lawes , ( pro re nata ) as occasion and cause requireth , and as it hath been wont to do : and herein the very form of the commonwealth consists . yea , and howbeit , there have been and are various conditions of persons , and also of wayes of governing by britains , saxons , danes , and normans , both in civill and ecclesiasticall affairs unto this day , refining and reforming laws and government as need hath required ; yet none of these variations may be said to abrogate or disanull the identity of the common-wealth of england . it is true indeed , that as in some part heretofore , so in the later times very much that was amisse hath been amended not only in the expulsion of antichrist in the branch in queen elizabeths time , but also in the root by this present parliament ; as also , much good hath been by the parliament , in suppressing of arbitrary power , taking away the high commission court , star-chamber , hierarchie , and superstitious monuments of popish idolatry , &c. but yet notwithstanding it is the same common-wealth still , yea , and english blood and spirits are yet remaining amongst us . it is in great part with us in england , as it was with the commonwealth of israel , chronichled in the canonicall scriptures of the old testament , viz. they were the same common-wealth of israel , from their first establishment to be a national commonwealth in sinai , exod. . . &c. untill the utter ruine of their commonwealth , fore-told and prophecied of by our saviour christ , mat. . and afterwards effected by vespasian , the roman emperor , as may be seen in these instances : . they were all along of the same hebrew language . . they had the same great charter of moses lawes both for civill and church affairs . . they had the same borders and bounds still reckoned on , albeit sometimes more or lesse extended or restrained . . they reformed amisses both in church and state ( as their condition did admit ) as occasion was , and their hearts bent thereto . . and although they had also sundry conditions of persons and wayes of governing , namely , . in the wildernesse by the hands of moses and aaron ; see psal. . . . in canaan by judges . years ; see act. . . . by kings afterwards till the captivity , and these variously obtaining their regality ; see books of samuel , kings and chronocles . . by variously conditioned men after the captivity neere . years , &c. and yet from moses to herod they were the commonwealth of israel ; see luke . . - . & cap. . . these instances being duly observed , there is just cause that english patriots in their love and zeal of their native country , should shew themselves to be true and faithfull to the commonwealth of england , in whose hands soever the government is established ; and this the rather , because true israelites indeed in whose spirits was no guile , ( see iohn . . ) were wont to be faithfull in their dayes to such their common-wealth . let some instances of a few such worthies of the lords be remembred also herein , who did demean themselves faithfully as present state required . . ioshua and caleb incouraging the israelites in the wildernesse , when many others discouraged them ; see numb. . , . . congregation of israel , when there was no king in israel , on occasion of the horrid distemper mentioned , iudg. . . &c. . david a private man , when goliah defied the host f israel , sam. . . . hushai the archite acting faithfully in the time of absolons unnaturall rebellion , sam. . . . obediah in the time of iezabels persecuting malignity , king. . , . . iehonadab the son of rechab adhering to iehu , kings . . . shecaniah stirring up ezra to act in perplexed times , ezra . , . certainly such examples ought to be presidents unto the people of god in england , to act as such faithfull servants of god did act in their generations . . lastly , the modification and restriction of the object , viz : [ the common-wealth of england , as it is now established without a king and house of lords , ] being compared with such texts of scripture , as by just consequence are to be made use of , will strongly argue its establishment to be agreeable to the mind of god the law-giver ; so as therefore there is good reason for subscribing the engagement : for this purpose let these three assertions implied in this modification of object , be well considered . . the common-wealth of england , as it is now established without a king and house of lords , is so established by the parliament . . the parliament that hath declared and setled the common-wealth of england in a free state without a king and house of lords , is the soveraign power in england . . there is no just cause of refusing to subscribe the engagement , because of common-wealths establishment without a king and house of lords , . assertion . the first of these assertions may be manifested by the parliaments declaration , march . . expressing the grounds of their proceedings , &c. of setling the present government in the way of a free state : the parliament declaration containeth four remarkable causes of such their proceedings , and setling the government , to be viewed in a short synopsis , viz. . cause . the first cause was in respect of kingly government , ( set up in our nation by the agreement of the people for their protection and better government , according to such laws as they consented unto ) which is taken away for these reasons . . reason . kingly power was perverted by most of the trustees , and most notoriously by the late king , who by many degrees exceeded the rest . such his vile miscarriage is exemplified in the parliament declaration , by about fifty undeniable pregnant instances , needlesse to insert . it were good that every english patriot had the declaration by him in these confused times to peruse frequently . . reason . the kings two eldest sonnes appeared in actuall arms against the parliament , so as no hope of future security could be expected unto the nation from them . . reason . there is elder right of supreme power in the people of the land , then was in the kings children . . reason . if any right or title belonged to the kings eldest sonne , the same is forfeited by the fathers treasonable act ; as in other cases , even in offices of inheritance , it is wont . . reason . the kings younger children equally forfeited upon the same account . . reason . it is in the same power and authority which at first erected a king for common good , and afterwards findeth him to pervert his kingship to common evill ; it is in their power , whether they will continue his kingly power , or change it to a better . . reason . god hath specially blessed free states , who formerly were oppressed by tyranny , as is seen in united netherlands , and others . . reason . there are manifold commodious advantages to people in free-states : manifold oppressions and dammages are under monarchy : vast expense is wont to be by court luxury and prodigality . profuse donations and pensions for the promoting tyranny ; yea , and the court ( being the nursery of vices , and corrupter of hopeful branches of noble families ) prevented in a free state . see declarat . . cause . the second cause of parliament proceedings touched on in the declaration , respecteth the taking away of the house of lords , for just reasons , viz. . reason . the lords sate in an house by themselves , and did not represent the people , and therefore might be well spared . . reason . they exercised a negative vote , tending to obstruct much . . reason . they exercised a juridicall power over the persons , and estates of all the commons , whereof they were not competent judges . . reason . their power did specially depend on the absolutenesse of the king . . reason . the common-wealth could not well beare their delaies in times of exigency . . liberty is left to such lords , who have been , and shall be found faithfull , to choose , and to be chosen representatives , as other competent persons have their right unto . see declarat . . cause . thirdly , the parliament giveth satisfactory answers to the obvious main objections against their proceedings , viz. anticipat . . it was intended , as it was declared april . for governing the nation by king , lords and commons , in a confidence that the king and peers would have applied themselves , as had been meet ; but they wholly and obstinately failing therein , and there being no stipulation on both sides , it could not be esteemed a contract ; so that the commons did most justly after their intentions . . although some members of the house of commons had some force on them ( it having at any time rarely happened in times of parliament , but some force more or lesse hath been exercised against them , or some of them , and they esteemed to be parliament for all this ) yet no breach of priviledge can be charged upon the remaining part in the house , which remaining part did farre exceed such authorized number , who do make an house beyond all exception . . the parliament hath declared that the fundamentall laws of the nation are to be continued , as also courts of justice and judicature in a due way . see declaration . cause . lastly , the parliaments declaration sheweth their just and well-grounded ends in the establishing the common-wealth , as now it is without king and lords : let the declaration it self be exactly skanned in its full and effectuall expressions , and it may appeare it was not force on some without the parliament doors , but the force of right reason on the members within the house , which hath so declared : how forcible are right words ? see iob . . ii. assertion . the second assertion touching the soveraign power of the english parliament is taken for granted , not only by the parliament themselves , groundedly demonstrated in their declaration above mentioned in the first assertion , and likewise in their exercise of supreme power in issuing out commissions both to subordinate magistrates for the doing of justice , and to the souldiery for defensive and offensive warres ; but also it is taken for granted by others , rationall men in the common-wealth , who have acted by their commissions ; and this from year to year of late whilest the king lived , as well as this present year , . yea , and there are many who have published their minds touching this matter : this hath been done by mr. prynne ( though now an adversary hereunto ) in foure voluminous parts of one of his books , with a large appendix thereunto , intituled , the soveraigne power of parliaments , whither the reader may be referred : only i doe observe hereabouts , that god the onely law-giver , and soveraign king of kings , and all supreme powers , having been graciously pleased to preserve unto us in england the substance of our common-wealth hitherto , surely he hath appointed and continued unto us the law of nature , contained in the decalogue to be our rule of life in our severall capacities of inferiority and superiority , whether supreme or subordinate , as well in civill government , as in church and family ; yea , to have a magistracy to be keepers of both the tables ; see rom. . . compared with exod. . . & cap. . . & . and therefore our transactions in england touching our lawes , and the executing of them , areby lawfull commissioned persons of severall sorts ( otherwise the law of nature feemeth to fail ) and so consequently are lawfully administred by them . oh that all men fearing god amongst us , specially such as have complied with the parliament , after the king his leaving the house , and withdrawing from it , would consider soberly and seriously hereof , and so take heed of daring to think , or speak , or act against those in authority , lest they do incurre gods fierce displeasure : see numb. . cap. pet. . . psal. . . it is hard for any to kick against the pricks , acts . . and to resist the ordinance of god , rom. . . iii. assertion . the third assertion , that there is no just cause of refusing to subscribe the engagement , in regard of the present establishment of the common-wealth of england , without a king and house of lords . it may be argued , as otherwise , so from the rule of our own practice , who doe professe our due respects to parliaments , viz. . it was not taken to be prejudiciall , or dangerous to the priviledges of parliament , that the lords spirituall ( as they were stiled ) were cashiered and expelled out of the house of lords , albeit they had been called by writ , and had formerly and very antiently been esteemed and reputed members of that house . . it did not infringe the nature and being of the parliament , that the king after a time with-drew himself totally from the house . . the parliament did retain its perfect constitution and being when very many , yea , most of the lords , and when very many of the commons with-drew themselves , pretending to be a parliament at oxford , sith a competent number remained still in the house . . it is alledged out of approved antiquaries , that in case all the lords after a due summons should fail to appeare and sit in the house , that their totall absence doth not , nor cannot hinder or nullifie the due parliamentary proceedings , whereas it is destructive to the being of the parliament , if a competent number of commons constituted to make up an house , be absent , sith the commons are the representatives of the people ; see prynnes soveraign power of parliament , part . pag. . edit. . . it is resolved and declared by the parliament , that the king had not a negative vote . these five particular instances being duely marked , together with that which the parliament hath declared , march . . as above , may abundantly convince , that according to this third assertion , there is no cause of just refusall to subscribe the engagement to the common-wealth of england , as it is now established : and so the first argument justifying the faithfulnesse and conscionableness of the subscription , is fully concluded . ii. reason . because subscribing the engagement hath its due consistency and agreement with the main scope and intention of former oaths , protestations , and covenants prae-ingaged in nationally unto the supreme power of england , approved mostly on all hands ; so that as right reason did then require the taking of them in their just sense , so doth the same reason now require to take the engagement . for the more effectuall arguing the case by this reason , these conclusions are to be opened and considered , viz. conclusion . it is presumed and taken for granted , that the oaths of supremacy and allegiance , the protestations and solemn covenants were made of lawfull things lawfully , and in the lord , according to the sacred and divine rule , thou shalt sweare the lord liveth , in truth , in iudgement , and in righteousnesse , ier. . . for otherwise there is an undoubted nullity of them , ipse facto , sith no man ought to perform what is irrationally sworn , and is in it self unrighteous and unlawfull . of this sinfull nature have been the unlawfull and unrighteous oaths and subscriptions of many , many ministers in this land in the times of prevailing episcopacy , and superstitious conformity ; for which things sake the land mourneth , ier. . . and therefore the swearers of canonicall obedience of the &c. oath , and the subscribers , willingly ( & ex animo ) to the articles by cannon required to be subscribed unto , have cause to set themselves to sorrow godly , so as they may evidence their repentance not to be repented of , which will produce the effects of godly sorrow mentioned , cor. . . for otherwise the , lord will not hold them guiltlesse that have taken his name in vain , exod. . . . conclusion . the main and chief scope and end of the oaths of supremacy and allegiance formerly ; and of the protestation and covenant lately , and likewise of the engagement at the present was , and is the just safety and preservation of the common-wealth of england , against illegall and violent usurpations and attempts , whether of forreiners or natives , of any sort and condition of persons in what kind or notion soever , as may appear by the statutes , acts , declarations , and orders of those in supreme authority , that have required the people of the land to submit unto the taking and subscribing of them . . conclusion . it is taken for granted that the parliament party who ordered the protestation first , and the covenant afterwards to be taken , did apprehend and judge that the said protestation and covenant , did not contradict the oath of supremacy and allegiance ; neither yet did the covenantiers understand any contrarinesse therein ( however the malignant cavaliers and royalists might possibly think otherwise ) but rather that there was a legall consistency and agreement in their sense and meaning ; inasmuch as at the same time , when occasion required , there was a taking of the oaths of supremacy and allegiance , notwithstanding the taking of the covenant , as it is well known . for it was not the person of charles stuart that was sworn unto , but his kingly legal office , to be administred by him according to law for the safety of the people ; because any mans person ( and therefore the kings also ) being subject to such occasionall accidents and incident condition , as may justly disfit and disable not only for governing , but also from being preserred alive ; there is therefore no just reason of swearing fealty simply & absolutely , but in the lord only , & according to law . now there is the same reason of legall consistency and agreement with the engagement , and with the protestation and covenant , as there was of the consistency and agreement of the protestation and covenant ; with the oaths of supremacy and allegiance . and albeit severall sorts of persons exercised the supreme power at severall times , viz. the king before the parliament was called , the king , lords and commons a space together after the first sitting of the parliament ; the commons alone at the present , yet notwithstanding the safety of the common-wealth was all along propounded , and to be prosecuted , and still is . . conclusion . every lawfull oath , protestation , covenant , and engagement , are undoubtedly sacred obligations , and ought to be kept and preserved inviolably . for so god . commandeth , levit. . . . approveth , psal. . . . threatneth otherwise , exod. . . . yea and punisheth breaches when it is otherwise , chron. . . ezek. . . &c. whence it followeth , that oaths of supremacy and allegiance ; yea , and the protestation and the covenant formerly taken , have in the maine scope and end of them , an obligatory force still , even the safety of the common-wealth , as hath been already declared . . conclusion . subscribing the engagement ( having it 's legall consistency and agreement with former oaths of supremacy and allegiance , and also with the protestation and covenant ) doth engage to perform and fulfill , what ●n the main of the said oaths , protestation and covenant was engaged ; even the approving truth and faithfulnesse to the common-wealth , whereas refusing to subscribe the engagement argueth a breach , at least a disposition unto the breach of those oaths , protestation and covenant . these five conclusions , as they have been laid open , are a sufficient way and means of making good our second reason . let us have grace whereby we may serve the lord acceptably , with reverence and godly fear . for our god is a consuming fire , heh. . , . iii. reason . because the profit and advantage of subscribing the engagement , may most probably by gods blessing , be much every way . see this in some instances . . prevention of the ruine of the common-wealth , which may be occasioned and caused through disagreement and distance in point of just and requisite compliances . for when a kingdome is divided against it self , it is brought to desolation , and every city or house divided against it self shall not stand . see mat. . . it is a token of gods great controversie , when he setteth egyptians against egyptians , to fight every one against his brother , and every one against his neighbour , city against city , and kingdome against kingdome . see isa. . . it was a difficult and perplexed state of times in the common-wealth of israel , when civill warres were betwixt david and the house of saul , sam. . & . cap. but bettered & more happy when matters were composed and a league made , sam. . , , . and so it was an exceeding distempered state of times of late in england for some years together , when their just liberties were endeavoured by the parliament and their forces ( protesting and covenanting thereunto ) that then others of the nation were up in arms for tyranny , and protested for it . but the most infinitely wise and gracious god , having now been pleased to grant deliverance from tyranny unto the nation , by the parliament and their forces , why should not people come in and engage together , as did the israelites above mentioned . sam. . , , . oh that we of this nation were affected as david was ( most probably on that occasion ) to say or sing heartily , psal. . . behold how good and how pleasant it is for brethren to dwell together in unity ! &c. . setled peace and prosperity ( which religiously affected common-wealths-men ought to pray and seek for . see psal. . , , . ) is likest to be effected and promoted in the common-wealth ( as otherwise , so ) by mutuall engaging to be true and faithfull thereunto . for hence good and speciall incouragement may be to the inhabitants to exercise husbandry , trade , merchandize , building , planting , &c. there being in such case oportunity to live quietly and peaceably without any disturbance , and to enjoy the administration of justice and judgement , as occasion shall require , even as it fared with the flourishing common-wealth of israel , at such times when they had rest in the dayes of the judges , albeit they then had no king : see iudg. . . . . welfare of church state ( which consisteth singularly in speciall united combinations of single congregations in their presbyteries , and of presbyteries combined in synods , lesser or greater ; see acts . . mat. . . tim. . . acts . . . . &c. ) shall be notably and effectually accomplished by such engagement : for thereby such as are church-officers , and likewise such as are church-members , shall be disposed in their spirits , and composed in their minds and hearts , to thinke and act humbly and soberly , as becometh members of the mysticall body , whereof christ jesus is the head ; see rom. . , , , . cor. . . whereas when divisions do take place , then unavoidable offences and scandalls are occasioned , to the churches very great damage , rom. . . alas , alas ! how can it be much expected , that presbytery shal be generally setled throughout england , when so many as do pretend to affect and desire it , are not only contrary minded to their brethren , who should combine together in severall associations , but do also walk contrary to the supreme power , who are the churches nursing fathers , and to whom it belongeth to establish and patronize church government ; see rom. . . . silencing the mouthes of ignorant and foolish prophane men ( who are corrupt , and forward to be clamorously talkative , and babbling against the waves of god and his people ; see prov. . . but it is gods will , that by a due christian doing their ignorance and folly should be stopped , pet. . . ) shall be commodiously attained by a unanimous concurrence of brethren to ingage and act for common and publike safety , even unto the vexing , disheartning and daunting of adversaries ; see the exemplification hereof in a pregnant instance of the state of the jewish common-wealth after their returne from the captivity , and had no king at such time , applying themselves to reforme amisses , and repaire breaches , when grudged at , and opposed greatly ; for whereas all sorts set themselves in their standings unto the work , as we have a full catalogue of their names , and order of their building the wall , neh. . yea , of the tekoites repairing , though their nobles put not their neck to the work of the lord , neh. . . ) it came to passe , that sanballat , and tobiah the ammonite , were wondrously and strangely exanimated and confounded thereat ; see neh. . . &c. . rejoycing of the spirits of christians at home and abroad , both in our own land , and in neighbour churches and countreys , and their glorifying of god in such case , shall be the consequent of such engagement , which is no small benefit : how christians at home are taken and affected , when with one accord there is a joyning and continuing together , and what is the fruit thereof , we may see declared act. . . — , . yea , and abroad likewise , act. . . gal. . , . that comfortable prophecy and gracious promise respecting gospel-times more specially , made mention of isaiah . . viz. one shall say , i am the lords , and another shall call himselfe by the god of iacob , and another shall subscribe with his hand unto the lord , and sirname himselfe by the name of israel : and another mentioned , zach. . . thus saith the lord of hosts , in those dayes it shall come to passe , that ten men shall take hold out of all languages of the nations , even shall take hold of the skirt of him that is a iew , saying , we will go with you , for we have heard that god is with you : even these prophecies and promises may be alluded unto by way of resemblance , to denote the advantages by englishmens concurrence unto the publike good and welfare of the nation . this fivefold profit insisted on , may well be an attractive to allure , and perswade to seek and follow after it , sith the merchandize thereof is better then the merchandize of silver , and the gaine thereof is better then gold ; it is more precious then rubies , and nothing that can be desired , is to be compared unto it . and thus far of the three reasons : and a threefold cord is not quickly broken , eccles. . . sect. iv. objections against subscribing the engagement , satisfactorily answered . although that which hath been already declared in the true stating of the account of subscribing the engagement , and also in the evincing the truth and faithfulnesse of it by the three reasons which have been hitherto insisted on , is of full sufficiency to give satisfaction to such persons as are cordially inclined to a love of truth and peace ; yet notwithstanding because there are some zealots found ( having [ therein ] a zeal of god , but not according to knowledge , rom. . . ) who at least do think that they do god good service , in refusing to act in that which they are warrantably called unto , ( even as peter the apostle did , acts . ● . &c. ) and in acting contrary unto the way , which it is meet they should walkin , ( as the apostle paul somtime thought he ought to do , act. . . ) it shall not there fore be grievous unto me ( and i trust it will not be irksome to the reader ) to adde a few lines more for the further convincing of obstinace gain-sayers , and for the undeceiving of tractable minded persons , who are willing to be instructed in righteousnesse ; and this is to be done in answering some objections made against the subscribing of the engagement . i. object . the generality of all sorts of persons in london , yes , and throughout the whole land , are disaffected unto this subscribing . ans. it is no good argument against it , because it is said that it is generally disaffected ; as it were no good argument for it , if it should be said , that it were generally approved , sith it is not simply to the commendation ordiscommendation of a course that it is generally observed , or not observed ; for somtimes a righteous way is generally spoken against , see act. . . and sometimes a notorious sinfull way is generally cried up with great acclamation ; see act. . . and yet notwithstanding it is well known , that very many of all sorts in the land , besides the supreme power requiring it , are well-affected unto it , even reverend judges , faithfull justices , knowing lawyers , understanding souldiers , judicious preachers , and conscientious religious people , &c. ii. object . subscription unto the engagement is refused not only by malignant cavaliers and royal●sts , &c. but also generally by covenantiers and presbyterians in london province , and likewise throughout the land . answ. . it were to be wished affectionately , that this objection might not be declared in gath , to the rejoycing and exulting of the canaanite and perizzite , who do yet dwell in the land . see micah . . . gen. . . . it doth not simply , nor yet justly at all reflect disgracefully either on the presbytery , or on the solemn covenant , that some or many persons who have conformed to presbytery , and covenant , do now shew themselves unconformable to the engagement ; sith it is no new thing for many to cleave unto others by flatteries . see dan. . . there were false brethren brought into churches , and amongst the true brethren . see galat. . . . albeit the covenant and the engagement being both of them rightly understood , can well agree together , ( as hath been cleared in the second reason of this account ) yea and there is nothing in presbytery soundeth of any discrepancy ; so as neither presbytery nor covenant is any way trenched on by engaging ; yet notwithstanding , sith presbytery is of ecclesiasticall cognizance , and engagement is unto civill power ; this objection therefore beareth no proportion to the case in hand . . many ministers and people ( through vulgar weaknesse , and too great a degree of time-serving sinister respects ) have been apt to vote and act after the mind of some eminent ring-leaders to faction ( as well as by eminent reformers unto good waies : see iosiahs daies ) asis to be seen in that preference of barabbas before christ , through the perswasion of the chief priests and elders , mat. . . how many ministers were there in prelaticall times , who did swear canonically , and subscribe implicitly , who yet did change also implicitly with the times , covenanting against former waies ? thus it was also with many former conforming , and late covenanting people following their guides . not long since there were very many ( who have professed christs way of presbytery ) who did subscribe attestations implicitly , both in london province , in lancashire , in shropshire , in cheshire , and in other counties , touching severall opinions , and books , and the authors of them scarce known unto them in the very titles , much lesse read and weighed by them ( i speak what i know of severall of them ) but were drawn and perswaded thereunto by a few chief sticklers and promoters in those affairs . whence it followeth , that it is farre the lesse considerable , that a multitude is pretended unto in the case in hand . . it is undoubtedly true , notwithstanding that very many faithfull pres 〈…〉 erians , and conscientious covenantiers do subscribe the e●gagement thouoh some others refuse to do it ) and 〈◊〉 ad 〈…〉 age is to be made of the number of the presbyteri 〈…〉 〈◊〉 〈…〉 tiers argumentatively , who subscribe the en 〈…〉 〈◊〉 ●t is probable enough that many such may have b 〈…〉 〈…〉 erly swayed thereunto . an estimate is to be made by the just reason , and not by the great number of those that subscribe the engagement . iii. object . some of the good old non-conformists , do refuse to subscribe the engagement . answ. . and some of the old non-conformists , who conscientiously refused to subscribe some of the articles , canonically requiring subscription to them , ( but then refused not to subscribe according to the law of the land , provided in such case ; see eliz. ● . . ) even those non-subscribers can with good conscience subscribe the engagement . . it must needs be acknowledged , that the good old non-conformists ( who as iudah in evill times , ruled with god , and were saithfull amongst the saints , when ephraim compassed him about with lies , and the house of israel with deceit . see hos. . . ) are men subject to passions and error , as well as others , humanum est errare , let god be true , and every man a lier , &c. see rom. . . it is a known and lamented case , how temptation prevailed too much with sundry professed non-conformists in thetimes of episcopacy , occasioning them to shrink and give in , either through fear of men , or love of the world , or for serving the times , after they had some waies professed otherwise : yea , and this no doubt came to passe through divine permission for their humbling , and that they might better know what was in their own hearts , it was in this case with them , as it had been with some faithfull servants of god , who were duely affected to presbyteriall and synodicall principles , and yet by occasion sometime fa●●ed to walk evenly therein , viz. the apostle peter at antioch withdrew himself from the gentiles , ( howbeit the synodicall decree was otherwise , acts . . &c. and as david dickson interpreteth in case in hand , on galat. . . ) yea , and other jews dissembled likewise , insomuch as barnabas also was carried away with their dissimulation . but the apostle paul adhering to the synodical dec 〈…〉 〈…〉 stood peter , galat. . , , , . yea , and the apostle peter 〈…〉 〈…〉 erward making mention by occasion of the apostle paul 〈…〉 leth him beloved brother paul , and commendeth his wise and faithfull d●portment . see pet. . , . so well could the blessed apostles act and submit , and agree in presbyterian waies , according to 〈…〉 ripture , when they were themselves . oh that we could duly observe and become advertised hereby , who approved our selves conscientious non-conformists under prelaticall tryalls . but to return to the answer more nearly after this short digression ; let it be taken notice , that albeit some weaknesses do break on t from some old non-conformists , yet it concerneth them , as well as those who hitherto escape such temptations , to set our selves to walk by scripture rule , to be sober and watchfull in all things , for the approving the goodnesse of our consciences , willing in all things to live honestly . see heb. . . iiii. object . a presbyterian minister , and ancient non-conformist , being now grown aged above sixty year , howbeit through the grace of god , he approved himself in the whole course of his ministery hitherto , not only in holding fast the forme of sound words in faith and love which is in christ jesus , but also in withstanding prelaticall subscription , and superstitious conformity , unto suspension , and exile , &c. yet now through infirmity of age may fail , and so consent to subscribe the engagement . answ. . it is both possible and probable , and sure also , ( through the grace and faithfulnesse of him that hath promised ) that those who are planted in the house of god , shal stil bring forth fruit in old age , psa. ● . , . as having by reason of use , their senses exercised to discern both good and evill . see heb. . . let wisdome , be justified of her children , and praised likewise for free grace ; yea and for confidence therein . . albeit , god sometimes taketh away the understanding of the aged , iob● . . so as they do not alway understand judgement , iob . . yet sometimes it may come to passe , that aged ones may have naturall vigor and parts for going out , and coming in in their callings , as well as they had , when they were younger , iosh. . . yea , ●nd ordinarily it is an argument for chalenging respect unto what is said or done , when it cometh from the aged . the apostle paul in pleading a matter with philemon , useth this argument to perswade the rather , because even paul the aged did move therein , philem . ver. . in the year . an aged minister of an hoary head , and silver hairs ( m. tilecoat by name of b. m. ) and myself then a young man , did both of us together receive a sentence of suspension from the exercise of our ministery , for our refusing hierarchicall subscription and conformity to ceremonies , declared against us by the then chancellor of chester , ( under , which we remained for a time ) who added to that our suffering , his mocking and jeering of us , that the one of us was very aged , and the other very young , as if therefore our witnesse-bearing to the truth of the gospell were lesse to be regarded . and yet that which the chancellor uttered reproachfully , became unto me for confirmation and incouragement , having the good and grave old father to be exemplary ; as others of good note in cheshire did then also judge it well might be usefull to me ; whatever now some do prejudicially conceit of the aged . . it is the lesse marvell , that some do detract from the authority of the aged and hoar-headed , whenas the same persons are also self-willed and presumptuous in despising and speaking evill of government and supreme power , ( pet. . . ) whereas yet notwithstanding , god hath revealed in his word that it ought to be otherwise . see levit. . . rom. . . v. object . it is doubted that an insnaring danger may lurk in the promise declared of being faithfull to the common-wealth , forasmuch as the sense of the word faithful may peradventure be strained afterwards to intangle the subscriber . ans. . one would scarcely have thought that any man of common capacity to understand english , much lesse that any knowing christian , and least of all that any minister of the gospell , could have had such a scruple ; sith neither it's notation , nor the obvious use of the word , as it is either in the scripture ( which is full of it ) or as it is in ordinary speech and acception amongst men , can give any rise for such a groundlesse scrupulous fancy . . a doting about strifes of words produceth no profit , but strife , envy , railings , evill surmisings , perverse disputings of men of corrupt minds , and destitute of the truth , even to the subverting of the hearers ; see tim. . , . & tim. . . let therfore the godly wise christians and ministers , avoid such questions about words clear in themselves , studying to shew themselves approved unto god , &c. tim. . . . let such wordy questionists remember that the pious and prudent contrivers of the directory for the publike worship of god throughout england , scotland , and ireland , established by our parliament , in that part of it which directeth about the solemnization of marriage , they thought it meet that the persons to be married together should promise mutually to be faithfull unto one another : in the directory for the ordination of ministers , it is ordered , that such as shall be ordained , do declare a promise of faithfulnesse , as well as of other duties , in the exercise of their ministery . i do hence demand , whether persons to be married , or ministers to be ordained , should , the one sort of them scruple the accomplishment of their marriage , or the other sort scruple their ordination , because of the engagement to be faithfull in their relative conditions ? and whether they should surcease rather therefrom upon a phantasticall conceit , that the sense of the word faithfull may be strained to some insnaring afterwards ? i conclude therefore , that as in domestical and ecclesiastical relations there is a requisitenesse of promising to be true and faithful , so it ought to be likewise in the relation in the common-wealth , that there be an engagement of faithfulnesse thereunto : if any man be otherwise minded touching being faithfull in the mentioned relations in family , church and commonwealth , surely he seemeth to give ground of just jealousie , that he meaneth not fairly ; that i say no more . vi . object . there was a liberty granted and directed by order of parliament , that preachers in giving of the covenant should explain it , and accordingly the preacher explained it in such sense , as he apprehends stands not with his freedome of conscience to subscribe the engagement . ans. . the liberty allowed and directed unto preachers for explaining the covenant , ought to be understood of such explaining it , as stood with the just and genuine sense of it , as all rationall men will easily acknowledge : if any preachers took a liberty otherwise , they did abuse their liberty ; yea , it was a collusion and imposture in the preacher whoever he was , to put a sense thereon of his owne not agreeing thereto , frustrating what in him lay , the end of the covenant and the taking of it . . they that thus object , do not speak out what the sense of the preacher was that he gave of the covenant inconsistent with the engagement , so as it cannot be expected that a full and satisfactory answer should be made thereto ; his sense being in the dark , may be reputed an act of darknesse , albeit confused and uncertain speech be of it in the streets at noon day . . this objection giveth occasion to suspect that some persons ( yea , some who pretend for presbytery , but are loosly minded thereunto , sith such do thus object ) do make an advantage to put the covenant to their own sense , to free themselves thereby from the sacred bonds of it in its own sense and meaning . . let such objecters be pleased for the undeceiving themselves and their adherents , plainly and punctually ( in their own consciences and conferences with their associates ) answer these demands without any tergiversation , for arguing their sincerity towards god and towards men about the covenant . . whether the covenant was not obligatory in its due sense and meaning in every article of it , as well as in some branches of some of the articles more specially affected ? . whether there were not some main things primarily , and other things subserviently covenanted ? and what those maine things , and what the subservient things were ? that thus truth and faithfulnesse may be discerned hereabouts . . whether the chief ends of the covenant were not reformation , and defence of religion , and the safety of the people ? . whether the honour and happinesse of the king was absolutely covenanted , albeit he should remain obstinate in his tyranny , and in other unnaturall capitall crimes , unto which god had appointed temporall death ? . whether the grand priviledge of parliament , unto which others are subservient , be not , that above forty members of the house of commons acting freely in the house , doe continue the being of the house of parliament ? and consequently , whether by vertue of the covenant such house of commons ought not to be acknowledged the parliamentary supreme power ? finis . an ordinance of the lords and commons assembled in parliament for disbanded souldiers and others pretending to be reduced to depart from the cities of london and westminster by the th of this instant july . england and wales. parliament. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing e ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) an ordinance of the lords and commons assembled in parliament for disbanded souldiers and others pretending to be reduced to depart from the cities of london and westminster by the th of this instant july . england and wales. parliament. broadside. printed for edw. husbands ..., london : . at head of title: iulii. . . "ordered by the commons assembled in parliament that this ordinance be forthwith printed and published. h. elsynge, cler. parl. d. com." reproduction of original in the harvard university library. eng great britain -- history -- civil war, - . great britain -- politics and government -- - . a r (wing e ). civilwar no iulii. . . an ordinance of the lords and commons assembled in parliament, for disbanded souldiers and others pretending to be reduced, england and wales. parliament a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion iulii . . . an ordinance of the lords and commons assembled in parliament , for disbanded sovldiers and others pretending to be reduced , to depart from the cities of london and westminster by the th of this instant july . . whereas there hath been of late an extraordinary confluence , and resort of officers , souldiers , and other persons pretending themselves to have been souldiers of reduced or disbanded forces from severall parts of the kingdome to the cities of london and westminster , some of which have assembled themselves in tumultuous manner in severall parts of the citie of london and neer the houses of parliament , to the disturbance of the said houses in the great affaires they have in hand ; for remedy whereof , and as one means by the blessing of god to prevent the increase and spreading of the plague in the said cities , and other inconveniences : be it therefore ordained by the lords and commons in parliament assembled that all such officers and souldiers or other persons aforesaid , shall by the fifteenth day of this instant july . depart from the said cities of london and westminster , and lines of communication , not having had their usuall habitations within the said cities of london or westminster , or within the lines of communication aforesaid , nor having any just and necessary occasion for their aboad and continuance there , to be allowed by the committee of the militia of the city of london or any four of them under their hands , and that the persons aforesaid shall not return to the said cities of london or westminster , or within the said line of communication within the space of two moneths next after the publication of this present ordinance , upon pain of three moneths imprisonment , and losse of their arrears . and it is further ordained , that the said committee of the militia are hereby authorized and required to see this present ordinance to be effectually put in execution . and it s likewise ordained that after the said fifteen day of july aforesaid , the said committee or any four of them shall have hereby power , and authority , and are hereby required to imprison the said persons , according to the tenour of this ordinance , that shall offend against the same . and the said lords and commons do declare that it is not their intention to deprive any officer , or souldier of their just dues owing unto any such officer or soldier from the parliament but that their accompts being audited as is directed by several ordinances of parliament ; and so soon as the pressing affairs of the kingdom will permit the said lords and commons will take order to give just satisfaction to them or to any other person or persons unto whom they shall assigne their arrears , or any part thereof . provided that this shal not extend to the officers or soldiers of the trained bands or auxiliaries within the said lines of communication , or to any colonel or officer of estate or quality which shal have occasion to stay in town , or to such as are lately come from the army and shal manifest the same to both houses , or to the speakers of both houses , and shal have allowance thereof accordingly under the hands of the said speakers . ordered by the commons assembled in parliament that this ordinance be forthwith printed and published . hen. elsynge , cler. parl. d. com. london , printed for ed. husbands , printer to the honourable house of commons . a sermon of st. peter preach'd before her majesty the queen-dowager, in her chappel at somerset-house, on the twenty ninth of june, : being st. peter and st. paul's day / by thomas godden ... godden, thomas, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; 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(eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a sermon of st. peter preach'd before her majesty the queen-dowager, in her chappel at somerset-house, on the twenty ninth of june, : being st. peter and st. paul's day / by thomas godden ... godden, thomas, - . 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ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng church of england -- sermons. sermons, english -- th century. great britain -- politics and government -- - -- sermons. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - elspeth healey sampled and proofread - elspeth healey text and markup reviewed and edited - pfs batch review (qc) and xml conversion a sermon of s t. peter , preach'd before her majesty the queen-dowager , in her chappel at somerset-house , on the twenty ninth of june , . being st. peter and st. pavl's day . by thomas godden d. d. preacher in ordinary to her majesty . published by her majesties command . london , printed by henry hills , printer to the king 's most excellent majesty , for his houshold and chappel . . a sermon of s t. peter , preach'd before her majesty the queen dowager , on st. peter and st. paul's day , . et ego dico tibi , quia tu es petrus , & super hanc petram aedificabo ecclesiam meam . matth. . . and i say unto thee , that thou art peter , and upon this rock i will build my church . two years were now elaps'd from the time of their first vocation , that peter and the rest of the disciples had been constant auditors in the school of the word made flesh , conversing daily with him , hearing the sacred oracles , which distill'd from his gracious lips , and beholding the great miracles he wrought for the benefit of mankind . and now it was high time they should give some account of what they had learn'd under so divine a master . in order to this , our lord designs a solemn examination ; and having led them into the coasts of caesarea philippi , proposes two questions to them . the first , preliminary only , to open the way , and lead them ( as it were by the hand ) into the knowledge and confession of the truth , quem dicunt homines esse filium hominis ? whom do men say , that the son of man is ? the second , the substantial point , and which was to be the test of their proficiency , vos autem quem me esse dicitis ? but you , whom do you say that i am ? to the first of these questions the answer was easie , because the judgments of the world are every where to be met with ; and so , without any demurring upon the matter , they readily answer'd , some said , that he was john the baptist ; some , that he was elias ; others , jeremias , or some one of the prophets . these were the judgments the world made of him : but why not one word of the messias among the rest , since they knew the term of years was now expir'd , and his coming daily expected ? no sooner did the baptist appear out of his solitude , but presently a solemn embassy of priests & levites was sent from jerusalem , to ask him if he were not the christ who was to come . but when the messias himself appears , the best title they can afford him , is of a john the baptist , or an elias , or a jeremias , or some one of the prophets ; but no mention at all of the messias . o false and deceitful world , how erroneous art thou in thy weights , and unequal in thy measures , giving to one what is due to another , and always deviating from truth , either by excess or defect ! that these judgments the world made of his person , were such , that is , erroneous , our lord sufficiently intimated by leaving them , and addressing himself to his disciples with the second question ; vos autem quem me esse dicitis ? but you , my disciples , who now for two years together have been daily witnesses of my life and conversation , and seen the great works i have done , whom do you say that i am ? here the rest of the apostles , not knowing what to answer , ( for this doctrine , as st. cyril says , was above their reach ) remain'd silent : only peter ( whom the same holy father calls there the prince of the apostles , and sovereign herald of the church ) not of his own invention , or induced by humane reason , but illuminated in his soul by god the father , answered and said , thou art the christ , the son of the living god : that is , not by adoption , as others , but by nature , of one and the same substance with thy eternal father . and now what was the reward ( as st. hilary calls it ) of this so noble and generous a confession ? first , he declar'd him blessed , in having been so highly favour'd by god : and then , as it follows in the words of my text , and the sequel of the gospel , he said unto him , et ego dico tibi , quia tu es petrus : and i say also to thee , that thou art peter , ( which is by interpretation a rock ) and upon this rock i will build my church , and the gates of hell shall not prevail against it . and i will give to thee the keys of the kingdom of heaven ; and whatsoever thou shalt bind upon earth , shall be bound in heaven ; and whatsoever thou shalt loose upon earth , shall be loosed in heaven had these been the words of a chrysostom , or some other fam'd orator , in a panegyrick of st. peter , they might have been look'd upon as hyperboles , or exaggerations of rhetorick . for if they be understood to mean as they sound , never was such honour and dignity as this , conferr'd upon any of the sons of adam , from the creation of the world. but now that the eternal word , who is truth it self , has been pleas'd to be the encomiast of our saint , and to pronounce them with his own blessed mouth in so solemn a manner , our faith is exempt from all suspicion of hyperboles , and the honours given to st. peter must be his very true and proper elogium . and because this is what ( god willing ) i shall endeavour to make out in my following discourse , i shall divide my text and it into two parts . in the first , i shall let you see the great honour conferr'd upon our glorious saint , by our lord 's confirming to him , on this occasion , the name of peter , that is , of a rock ; et ego dico tibi , quia tu es petrus ; and i say to thee , that thou art peter : in the second , that this name was not only a title of honour , but suppos'd or carried with it a real communication of the dignity and authority imported by it ; which was to be the rock or foundation-stone , upon which the church should be built , & super hanc petram aedificabo ecclesiam meam ; and upon this rock i will build my church . that i may treat worthily of them , let us implore the assistance of the divine spirit , by the intercession of that sacred virgin , who was chosen before all to be the mother of him , whom st. peter confessed to be the son of the living god. ave maria. the first part. et ego dico tibi : and i say unto thee , that thou art peter . in the first book of kings , ( or , as some call it , of samuel ) chap. . vers . . god was pleas'd to make a gracious declaration in favour of his servants , or rather , to enter into a solemn league or covenant with them , that if they should honour him , he would honour them . quicunque glorificaverit me , glorificabo eum . whosoever shall honour me , i will honour him . now among all the honours , with which he has been pleas'd to honour them , who honour him , that of foretelling the name , by which they should be call'd , or changing the name given by others into another more noble , is set forth to us in the holy scripture , as a particular mark of his favour to his greatest servants . in the first of these ways he honour'd the son of abraham with the name of isaac , which is by interpretation laughter , to signifie , that he should be the joy of his parents ; the son of amon king of juda , with the name of josias , that is , the fire of the lord , to fignifie the zeal with which he should take away the high places , and burn men's bones upon the altars ; as also , the son of zachary , with the name of john , that is , gracious , to signifie , that he should be fill'd with the holy ghost , even from his mother 's womb. in the second way , he honoured the father of the faithful , by changing his name from that of abram into abraham , which signifies , a father of many nations : in like manner , his wife , by changing her name from that of sarai into sara , which signifies as much as absolute lady ; and lastly , his younger grandson , by changing his name of jacob into that of israel , which signifies a prevailer with god : but in both these ways he was pleas'd to honour the great and illustrious subject of my text , simon the son of jonas ; first by foretelling when he first beheld him , that he should be called cephas , or peter , which is by interpretation a rock : then by giving him that name , when he chose his twelve apostles ; and lastly , by confirming it to him anew , ( after the confession he had made of his being the true and natural son of the living god ) with the solemn asseveration of my text , et ego dico tibi , quia tu es petrus . and i say unto thee , that thou art peter . and may we not then here make use of those words , ( and with far greater advantage to our saint ) with which haman was commanded to proclaim the honour done to mardochaeus by king assuerus , sic honorabitur , quemcunque voluerit rex honorare , thus shall the man be honour'd whom the king delighteth to honour : for if it were a particular mark of honour to the most elect servants and favourites of the king of glory , that himself was pleas'd either to design or foretel the name , by which their memory should be had in benediction through all generations ; or change that which had been given them , into another more noble and excellent , with how much more advantage do's this honour shine glorious upon the memory of our saint , on whom the son of god was pleas'd to confer both these signs of his favour . first , tu vocaberis cephas ; thou shalt be called cephas or peter . and then again , et ego dico tibi , quia tu es petrus , i say unto thee , that thou art peter . such honour as this have not all the saints . this ( as st. ambrose says , speaking of st. john ) is a priviledge proper to the merits of the most eminent among them , vt a deo nomen accipiant , to receive their name from god , and in a more especial manner of the great st. peter . and why ? but because he comply'd with the condition of the covenant , in the honour he gave to christ , in a more eminent manner than the rest . two things there were , at which the world was scandaliz'd in our saviour above all others . the first , that he had told them , that to obtain eternal life , they must eat his flesh and drink his blood , which they could not hear without horrour . the second , that he made himself the son of god , which they look'd upon as the greatest of blasphemies . and by whom was his honour vindicated in both these points , but by st. peter , in the two most illustrious confessions he made of these two great mysteries of our faith : the first , of the necessity of the true and real eating his flesh , and drinking his blood , for the obtaining of everlasting life . the second , of his being the true and natural son of the living god. that the confession he made of the real manducation of the body of our lord , was first in time , is manifestly evinc'd from the series of the acts of our saviour's life , recorded by the evangelists . for before his coming into the coasts of caesarea philippi , where he propos'd the question to his disciples , whom do you say that i am ? he had fed five thousand men , besides women and children , with sive loaves and two fishes , which miracle st. chrysostom says , he purposely wrought before hand , by it , to prepare them to believe what he should afterwards teach , concerning the giving them his own body and blood at his last supper ; propterea id prius fecit miraculum &c. and accordingly , seeing the multitudes follow him from place to place , because they had eaten of the loaves , and were filled , that is , with expectation of being still so fed and entertain'd by him ; he took occasion from thence to exhort them to labour for a much better bread , which camedown from heaven , and which he would give them , viz. his own flesh , which he would give for the life of the world. at this , you know , how not only the jews strove among themselves , saying , how can this man give us his flesh to eat ? but many of his own disciples also , were so scandaliz'd , that they withdrew themselves from his company , and would have no more to do with a teacher of so absurd a doctrine , and commander of so horrible a practice . and this too , after they had heard him say , the flesh profiteth nothing ; the words that i speak unto you , are spirit and life . rather it was upon hearing these very words , and understanding them to be a confirmation of what he had said before , that they went back , and walked no more with him . and is not all this an evident sign , that they understood him to speak of giving them his very true flesh to eat ? otherwise , certainly they would not have quitted him , nor call'd it a hard saying , that he should say his flesh was bread , any more than they did , when they heard him say , he was a vine or a door . nor was it a less evident sign , that our lord himself also meant , as he said , that is , to give them his flesh to eat in very deed ; how easie had it been for him , and how would his goodness , ( that goodness which brought him down from heaven to save sinners ) have mov'd him in this , as in other occasions it had done , to have bid them not to be scandaliz'd at what he had said of giving them his flesh to eat , for that it was spoken only in a parable , and that he intended no more by it , than to give them bread and wine as a figure of his body and blood in remembrance of him ? this , i say , had been very easie for him to do , and surely well becoming him , who came down from heaven to seek what was lost , and not to drive away what was found : and his not doing it , but reprehending them for not believing , and permitting them to depart in their unbelief , is a convincing argument , that both he spake , and they understood him to speak of the giving his true flesh to be eaten by them . this being so , our dearest lord solicitous now for the twelve , whom he had chosen to be constantly with him , and to send them forth as occasion serv'd , to preach to others , addresses himself to them with those words full of tenderness and love , numquid & vos vultis abire ? and will you also , you not only my disciples , but my apostles and domesticks , will you also go and leave me upon the same accounts as these others have done ? when peter stepping forth with his wonted fervour , cries out , domine ad quem ibimus . lord , to whom shall we go ? thou hast the words of eternal life : as if he should have said , thou hast promis'd everlasting life to those who believe in thee , and if that be not to be obtain'd but by eating thy flesh , and drinking thy blood , tho' we understand not how , or in what manner it can be done , since thou hast said it , be it to us according to thy word . for we have believ'd and are sure , that thou art the christ , the son of the living god , and therefore canst make good whatever thou hast said , as well in this , as in all other things , how hard and absurd soever they may appear to sense and reason . thus did st. peter give honour and glory to christ , by his stedfast belief and confession of the truth of what he had said , of the necessity of eating his flesh and drinking his blood in very deed , for the obtaining of everlasting life : in like manner , as martha afterwards did , when being ask'd by our saviour , if she believ'd him to be the resurrection and the life , she answered with the words of st. peter , vtique domine . yea lord , i believe that thou art the christ the son of the living god , and consequently , as being true god , canst by thy power raise lazarus again to life . but why was not st. peter then presently honoured by our saviour with a beatus es simon barjona , blessed art thou simon the son of jonas ? to this theophylact answers , that our lord suspended praising him then ( tho' he deserv'd it ) least being at a time when others deserted him , it might seem done out of design , and a piece of artifice to retain him with him ; but euthymius more probably thinks it was , because he answer'd not for himself only , but in the name of all , among whom there was one so far from being worthy of praise , that our saviour presently after ( emendans petrum , says a learned expositor ) to rectifie peter's mistake , told them , he was a devil . the second confession he made , was that of my text , when our saviour demanding of the twelve , whom they said that he was ? he alone answer'd , not in the name of the rest , or as delivering the faith of them all , ( as he had done before , and found he had been mistaken : ) but as delivering his own proper sentiment , ( a sentiment inspir'd by a particular revelation from god the father to him alone , but to serve as a formulary of confession to the rest , ) tu es filius dei vivi ; thou art christ , the son of the living god : begotten from all eternity by the father , coequal , coeternal , and consubstantial with him . and this is that full and generous confession which justifies the wicked , confirms the just , triumphs over the world , confounds the devil , rejoyces the angels , and opens the kingdom of heaven to all believers . this is that confession , which encourag'd the martyrs to undergo their torments ; the confessors , to have their conversation in heaven , even whilst they liv'd upon earth ; and the virgins to run after the odours of the perfumes of all sorts of vertues , which this divine bridegroom of souls left behind him in this world , whilst he conversed in it . in a word , this faith and confession of s. peter , that christ was the son of god , begotten of his father from all eternity , and born in time of his virgin-mother , is , in the language of s. ambrose , no less than a general definition , or prae-condemnation of all the heresies that should ever arise in the church ; adversus omnes haereses generalis est ista fides . thus it was that st. peter vindicated the honour of his master , by confessing him to be the very true and natural son of god. and what did our lord do , or rather , what did he not do , to recompense him for it , and to comply with the condition of the covenant on his part , that is , of honouring those who honour him ? first , he proclaim'd him blessed whilst yet upon earth , beatus es simon barjona , blessed art thou simon the son of jonas . then confirm'd to him the name of peter , which is as much as to say , a rock or solid foundation-stone , such an one , as on it he would not doubt to build his church , and that so firm , that the gates of hell should not prevail against it . lastly , he promis'd to deliver the keys of the kingdom of heaven into his hands , with so full and ample a commission , that whatsoever he should bind upon earth , should be bound in heaven , and whatsoever he should loose upon earth , should be loosed in heaven . and had not st. hilary then great reason to exclaim upon this passage , as he do's with these words ? o in nuncupatione novi nominis , felix ecclesiae fundamentum ! o happy foundation of the church , in having this new name of peter imposed on thee ; and worthy rock for christ to build his church upon , which should destroy the laws of hell , and break in sunder the gates of the abyss , and the prisons of death ! o beatvs coeli janitor ! o blessed door-keeper of heaven , into whose hands the keys of the entrance into eternity are committed , and whose judgment upon earth shall have the authority of a rule , or prejudging sentence in the court of heaven ! thus st. hilary , with whom the rest of the fathers , both greek and latin agree , as to the substance of the thing . for tho' some of them , ( especially after the council of nice ) chose rather to affirm the church to be built upon st. peter's faith or confession , than upon his person ; yet their meaning was to assign the reason , why our saviour made choice of him above the rest , to build his church upon ; and not to exclude him from being the rock on which the church is built ; any more than it was the meaning of st. peter himself , to deny that god had made him the instrument of curing the lame man at the gate of the temple , when he said , that not he and john by their own power or holiness had made him to walk , but the faith which is by jesus christ : or than it was the meaning of st. jerom , to deny that the same st. peter really walk'd upon the sea , when he said , super aquas non corpus ambulasse , sed fidem ; that his body walk'd not upon the waters , but his faith. and thus much i hope may suffice to have spoken of the first part of my text , the great honour conferr'd upon our saint , by our lord 's confirming to him the name of peter . et ego dico tibi , quia tues petrus : and i say also to thee , that thou art peter . i shall now proceed to the second , and let you see , that this name was not only a title of honour , but carried with it a real communication of the dignity and authority imported by it , which was , that of being a rock or foundation-stone , upon which the church should be built . et super hanc petram aedificabo ecclesiam meam . the second part. et super hanc petram , &c. and upon this rock i will build my church . 't is no very unusual thing among men , to meet with titles of honour without any thing correspondent in the subject to support them : and the reason is , because it is in the power of princes to give titles , but not to give fit qualifications for them ; nor yet always to discern , whether the person be really endow'd with them or no. but when god ( who is truth it self ) gives a title , or imposes a name , it must be the heighth of extravagance to call in question the real existence of the dignity and authority imported by it , in the person to whom it is given . we read in the second chapter of genesis , that after that god had formed every beast of the field , and every fowl of the air , he brought them to adam , to see what he would call them . and the scripture says , that what adam called every living creature , that was its name , that is , its true and proper name , as expressing the nature and properties of that creature , as distinct from all others . and if adam , by the wisdom infus'd in him by god at his creation , was so exact , that he gave no name to any thing , which was not its proper name , shall we think , that he who is the wisdom of the father , by whom all things were made , and who gives them their very natures , would give the name of peter , and that in so solemn a manner , as ego dico tibi , quia tu es petrus , i say unto thee , that thou art peter , that is , a rock , and upon this rock i will build my church , to one only of his apostles , but that he intended by it to signifie some singular privilege communicated to him , by which he should be distinguish'd and exalted above the rest ? hear , i beseech you , the paraphrase st. hierom makes upon the words of my text. peter answering , said to christ , thou art the son of the living god. christ answering , said to peter , and i say also to thee , that thou art peter . and what was this , says st. hierom , but as if he should have said , quia tu dixisti , because thou hast said to me , that i am the christ , the son of the living god , et ego dico tibi , i say also to thee , that thou art peter , non sermone casso , & nullum habente opus , not with an empty word , which has no force or efficacy in it ; sed dico tibi , but this i say to thee , quia meum dixisse fecisse est , because my saying is doing , or , for me to say a thing is the same as to do it ? from whence it follows , that at the same time that our saviour said to him , thou art peter , that is , a rock , he made him to be so , by communicating to him those correspondent spiritual qualities for the support of his church , which are found in a material rock , to sustain the building which is laid upon it . and this st. hierom shews to have been our saviour's meaning , by the example he immediately subjoyns , that as our lord communicated light to his apostles , that they might be called the light of the world , and the like , in other names or titles they received from him , as of the salt of the earth , &c. in like manner also to simon , who believ'd in christ the rock , he gave the name of peter . and then concludes , that according to the metaphor of a rock — recte dicitur ei ; it is rightly and properly said to him , that is , to peter , aedificabo ecclesiam meam super te ; i will build my church upon thee . this is the discourse of that great and famous doctor st. hierom , by which it appears , that our saviour , when he gave to simon the name of peter , that is , a rock made him the rock on which he would build his church , and that in a more eminent manner than any other of the apostles , as is every where affirm'd by the same holy doctor , giving him the titles of prince , chief , head , and greatest of the apostles : and this very agreeably to the reasoning of s. paul in a point of much higher concern , in his first chapter to the hebrews . there this great apostle being to prove , that christ our lord transcended all the quires of angels in the excellency of his nature , thought it a convincing argument to alledge , that he had obtain'd a more excellent name than they , forasmuch as our lord had said to him , and to none of them , in the second psalm , thou art my son , this day have i begotten thee . and those must think this argument of st. paul to be of no force , who when they hear our saviour say to simon the son of jonas , and to none other of his apostles , thou art peter , and upon this rock i will build my church , can think that some singular prerogative was not meant by it , to be communicated to him , in which he should excell the rest of his brethren . that the apostles themselves understood it to be so , at least after the coming of the holy ghost , the four registers left us of their names are so many authentic testimonies to inform us . the first by st. matthew , c. . v. . the second by st. mark , c. . v. . the third by st. luke , c. . v. . and the fourth by the same st. luke , in the . c. of the acts of the apostles , v. . for altho' st. andrew were before st. peter in divers respects , as in age , being ( according to st. epiphanius ) his elder brother ; and also in following of christ , ( for st. john says of him , that he went and found out peter and brought him to christ ) yet peter by all the aforesaid evangelists is evermore set before andrew , and all the rest of the apostles . and st. matthew ( himself one of the twelve ) not only puts him in the first place , but expresly gives him the title of primus . the names of the twelve apostles , says he , are these ; primus , the first , simon , who is called peter . and why was this ? to observe only the order of numbring ? no : for then after he had said , primus , the first , simon , who is called peter , he would have gone forward with , the second , andrew ; the third , james ; the fourth , john ; and so of the rest to the end . but whereas he do's not do this , but sets down their names , as it were in a list one after another , without any particle to signifie precedency in one before another , and only adds the title of primus to peter , 't is a manifest indication , that the word was us'd by him to signifie peter to be not only the first in order , nor yet in place , but the chief also in dignity and authority among them ; as when we say of a foundation , ( which s. peter was ) that it is the first thing in a building , the meaning is not , that it is so only in precedency of time or place , but in regard of the preeminence it hath of firmness and solidity in order to the rest of the building , which is to be sustained by it . and this is yet farther confirm'd from another remarkable circumstance in the aforesaid catalogues , which is , that whereas the other apostles are never nam'd in order , but differently , not only by different evangelists , but by one and the same . for example , andrew next after peter by s. matthew , james by s. mark , and both james and john by s. luke , acts . . before andrew , whom he had plac'd before them in his gospel : and so in like manner thomas and bartholomew before mathew , acts . whereas in his gospel bartholomew and matthew are nam'd before thomas ; yet peter is every where set in the head of the catalogue , and preferr'd before them all ; which certainly cannot be imputed to chance , or the will of the writer , ( for then his name might have been put sometimes in one place , and sometimes in another , as well as those of the other apostles ) but to the particular direction of the holy ghost , and the appointment of christ himself , which no evangelist could change or alter . hence it is , that when s. paul says of himself , gal. . . that he went to jerusalem on purpose to see peter , s. ambrose , ( or the author of the commentaries upon the epistles of s. paul , commonly ascribed to s. ambrose , and as ancient , if not ancienter than he , and of whose authority s. austin makes use upon occasion ) gives this reason for it ; because he was primus inter apostolos , cui delegaverat , salvator curam ecclesiarum ; the first among the apostles , to whom our saviour had committed the care of the churches . the same reason also is given by s. chrysostom and others ; because he was the mouth and prince of the apostles . and s. austin says of him , that he represented the whole church , propter primatum apostolatus , by reason of the primacy or preeminence of the apostleship , which was conferr'd on him . so that if the judgment of these fathers , who speak the sense of the church in those primitive times , ( s. austin being the youngest of them ) be to be taken , when s. matthew in reciting the names of the apostles , says , primus simon , the first , simon , who is called peter , his meaning was not , that he was so in order only or place , but that he was princeps , or chief ; or as s. hierom calls him , maximus , the greatest of the apostles in dignity and authority ; in like manner as s. paul says of himself , that he was peccatorum primus , the first of sinners , non tempore , ( as s. austin expounds it ) sed malignitate ; not in order of time , but in the greatness and enormity of his offence . but that which must needs weigh down the scale in this matter , with all impartially-considering men , is the solemn promise ( and no less solemn performance ) which our saviour made to st. peter , and to him alone , that he would give to him the keys of the kingdom of heaven : tibi dabo claves regni coelorum ; to thee will i give the keys of the kingdom of heaven . and what was this , but the supreme power and authority of governing his church ? for the word keys being a metaphorical expression , is frequently us'd in the holy scripture to signifie that superiority or supreme power with which a person is invested to govern a family , a city , or a kingdom ; and therefore when a city is surrendred , 't is the usual custom to deliver up the keys to the prince , or principal person , in acknowledgment of his power , and as a sign of subjection to it . our saviour then , when he promis'd to give to peter the keys of the kingdom of heaven , that is , of his church upon earth , at the same time design'd him to be that faithful and prudent servant or steward , whom he would set over his houshold , to feed and govern it . and however we read that the power of binding and loosing , which is an effect of the keys , was promis'd to all the apostles in common , matth. . . yet it was not till after the keys had been promis'd to peter , matth. . . nor is it any where read in scripture , that the keys themselves , the proper token and badge of the supreme stewardship over the church , were promis'd to the rest , but to peter alone . and when did our lord perform this promise , but when , a little before his ascension into heaven , being now to withdraw his own visible presence from his church , after a second examination , or , as origen calls it , confession how much he lov'd him , and this in the presence of the rest of the disciples , he deliver'd to him , as the same origen expresses it , ( in his fifth book upon the sixth chapter to the romans , which st. hierom thought worthy his translating ) summam rerum de pascendis ovibus , the supreme charge or superintendency of things , in order to the feeding of his flock ; not only of his lambs , but of his sheep ; in which expressions all the faithful , of what degree or preeminence soever , are included ? and to take away all suspicion as if he meant not to give him an authority above that of the rest of his brethren , he ask'd him not only if he lov'd him , but if he did not love him more than they ; manifestly declaring , by the excess of love he requir'd from him , a proportionable excess or superiority in the power he committed to him . nor was this any way inconsistent with their being all equal , as they were apostles , ( in which regard it is , that s. cyprian , s. hierom , and others , affirm them to have been so . ) but on the contrary it was necessary , that one should be endow'd with a preeminence of authority above the rest , for the preservation of vnity , and consequently of the church , its safety consisting in vnity , its ruin in division , according to the known saying of our saviour , every kingdom divided against it self , shall be brought to destruction ; and every city or house divided against it self , shall not stand . and this is the reason which s. hierom gives , ( with whom the rest of the fathers agree ) why one ( meaning peter ) was chosen among the twelve , vt capite constituto schismatis tollatur occasio ; viz. that a head being constituted , the occasion of schism might be taken away . and now to advance one step farther , and so draw to a conclusion : if it be true , as most certainly it is , what our saviour said , that every kingdom divided against it self , shall be brought to ruin ; and on the other side , that the gates of hell shall never prevail against his church , which is his kingdom , it manifestly follows , that as the church is to continue for ever , so also the authority given to peter was not to die with him , but to descend to his successors , and to remain for ever in the chair of peter . of which chair st. austin speaking , says , ipsa est petra , quam superbae non vincunt inferorum portae ; this is the rock , which the proud gates of hell do not overcome . and therefore s. hierom , when three unhappy factions brake out at the same time , and each endeavour'd to gain him to their party , cries out to them , si quis cathedrae petri jungitur , meus est ; let me know which of you holds communion with the chair of peter , and him i shall acknowledge for mine : super illam petram aedificatam ecclesiam scio ; i know the church to be built upon that rock . i know , that whosoever eateth the lamb out of that house is prophane , and whosoever shall not be in the ark of noe , when the deluge comes , peribit regnante diluvio , shall perish in the waters . some perhaps may think this to be a dreadful saying , and so indeed it is : for as st. austin says , nihil sic debet formidare christianus , quam separari a corpore christi ; a christian ought to dread nothing so much , as to be separated from the body of christ , which is his church : for if he be separated from the body of christ , he is no member of christ ; and if he be no member of christ , he is not quickned by the spirit of christ . the spirit quickens only the members which are united to the body . how much then are they bound to give thanks to almighty god , whose good lot it has been , either to have been brought up from their infancy in the communion of this chair , upon which the church is built , or after having been bred otherwise , to have been powerfully , and yet sweetly drawn and incorporated into it ! who can recount all the graces and blessings which those enjoy , who are in this happy communion , and of which those remain destitute and depriv'd who are out of it ! i shall give a brief account of some of them in the words of the great s. austin , and so conclude . first then , by being members of this holy communion , it is , as the same father says , that we are inhabitants in that holy mountain , of which david foretells in his . psalm , that when god has brought us into it by his light and truth , he graciously hears the prayers and supplications we offer up to him , in order to our own eternal salvation . mons sanctus ejus , ecclesia ejus est ; this holy mountain is his church . there it is that , as himself has promis'd , every one that asks , shall receive ; every one that seeks , shall find ; and that knocks at the gate of heaven , shall have it open'd to him . happy condition , to be thus assur'd of being heard , when we pray for our selves ! and then again , of being partakers also of the prayers and good works of others . for the soul of all true believers , as the same s. austin says , being one soul , per unam fidem , by the vnity of the same faith ; and all the faithful one man , by reason of the unity of the body of christ ; as the functions of the several parts in the natural body , so also the prayers and good works of each member of this mystical body , redound to the benefit of the whole . every one has a share in the prayers and good works of all , and may say with holy david , particeps ego sum omnium timentium te ; i am a partaker of all those that fear thee , and keep thy commandments . and this not only whilst they were labouring in this life to gain heaven for themselves , but after that they are reigning in it with christ . their charity by change of state , is not diminish'd but increas'd . securi , ( says st. cyprian ) de sua salute , de nostra sunt soliciti ; being now secure of their own salvation , they are solicitous for ours ; and the prayers they offer up for us , are so much more efficacious and available , by how much the saints in glory are in greater union and favour with god. nor do we reap this benefit of partaking the prayers and good works of others only whilst we are in this life , but also after we are departed out of it : for as the same st. austin ( speaking of the custom of the catholic church in his time , ( as in ours ) of praying for those who were departed in the communion of it ) says , neque negandum est ; it is not to be deny'd , but that the souls of the faithful deceased , are reliev'd by the piety of their living friends , when the sacrifice of the mediatour ( that is , of the body and blood of christ ) is offer'd , or alms given for them in the church . these , dear catholic brethren , with many others , too long to be insisted on at present , are great advantages , which those only can be partakers of , whom the grace and goodness of god has plac'd in this holy mountain , his church . quisquis praeter hunc montem erat , non credat , se exaudiri ad salutem aeternam ; whoever prays out of this mountain , says st. austin , let him not flatter himself with a vain belief , that he shall be heard to eternal salvation . many who pray out of the church , have their petitions granted in many things , as for health , wealth , children , and the like ; but he that will obtain eternal salvation for himself , must pray in this holy mountain , if he will be heard . there , says he , let him worship , who will be accepted ; there let him pray , who will be heard ; and there let him confess , who will obtain remission of his sins . and as those only prayers which are offer'd in the communion of the church , are by vertue of this communion efficacious to eternal life ; so also those good works only which are done in it , and those sacraments which are received in it . multi , says he , quasi exercent bona opera ; many exercise themselves in works seemingly good , but they belong not to that husbandman whom our lord calls father , because they dwell not in the land , which he cultivates and waters . ipsam formam habet sarmentum , &c. a branch cut off from the vine , has the same form it had whilst it was in it ; but what will it avail it to have the same form ( of godliness ) if it live not from the root ? what more glorious state of life than that of perpetual continency ! a state so high and sublime , that our saviour do's not enjoyn it to any , but only exhorts to it with a qui potest capere , capiat ; let him that can take it , take it . and yet the same holy father speaking of some religious women in his time , who had oblig'd themselves to that holy state , but out of the church , says , they are virgins indeed , sed quid proderit eis , nisi adducantur in templum regis ; but what will it avail them to be so , unless they be brought into the temple of the king ? that is , into the communion of the catholic church . and then again , for the sacraments , ( those conduits or channels , which our lord has instituted , as the ordinary means to derive his grace into our souls ) tho' they may be administred and received out of the church , yet the vertue and benefit of them cannot be had but in the church . as the water ( says he ) which took its rise in paradise , staid not there , but went forth from thence into the adjoyning countries ; so also baptism ( and it is the same of other sacraments ) may be administred not only in the church , but out of it . but , as the happiness of paradise went not forth with the water , but could be enjoy'd only by those who remain'd in it ; so also the vertue of the sacraments , which is the gift of eternal life , is not found but within the church . in a word , the same holy father tells us , extra ecclesiam catholicam totum habere potest praeter salutem : a man may have all things out of the catholick church , besides salvation . he may have faith , baptism , and the rest of the sacraments ; he may have the word of god ; he may believe and preach in the name of the father , son , and holy ghost ; he may distribute his substance to the poor , and give his life for the name of christ : but when all is done , nusquam nisi in ecclesia catholica salutem poterit invenire ; he can find salvation no where , but in the catholick church ; no other , in his judgment , than that in communion with the chair of peter , of which you heard him before affirm , ipsa est petra , this is the rock , which the proud gates of hell do not overcome . had i advanc'd these things of my self , i might perhaps have been condemn'd of vncharitableness by some : but the respect and veneration which all have for the great saint whose words they are , will , i hope , protect both him and me from undergoing , and also prevent them from pronouncing so uncharitable a censure . but if any will be yet so severe , i only desire them to consider , whether it be want of charity , when we see a person sailing securely ( as he thinks ) in a new-trimm'd vessel , but leaky at the bottom , to warn him of the danger he is in of never coming to his port. this was the case of st. austin with those who were out of the church . he saw the danger they were in ( tho' they saw it not themselves ) in venturing to sea in any other vessel than that of st. peter ; and his charity mov'd him to warn them of it . he saw the certain ruin they were expos'd to , for want of true charity , which if they had had , they would neither have rent the vnity of the church themselves , nor been followers or adherents of those that did . and now , dear catholic brethren , what remains for us , but that giving thanks to almighty god , for having brought us by his light and truth into his holy mountain , and humbly begging for the like grace and mercy upon those who are yet out of it , we contend earnestly for the faith which was once deliver'd to the saints , labouring diligently ( as the chief and head of the apostles , st. peter himself , exhorts ) to make our vocation and election sure by good works . for as none can be sav'd out of the church ; so such only shall be sav'd in it , who shew their faith by their works . as it was not enough for the jews to vaunt that they had abraham for their father , when they did not the works of abraham ; so neither will it avail us to glory , that we have st. peter for our father , unless we do the works of st. peter . our faith must be accompanied with our works . both together in the communion of the church , ( that church which our saviour promis'd to build upon peter ) will give us an assured title to that everlasting glory in the kingdom of heaven . which i beseech him graciously to bestow upon your sacred majesty , and all here present , &c. finis . errata . page . line . for how easie , read otherwise how easie . p. . l. . for accounts , r. account . notes, typically marginal, from the original text notes for div a -e jo. . . s. cyril . catech. ii. s. hilar. in matth. c. . reg. . . gen. . , & . . reg. . . luk. . . . gen. . . gen. . . gen. . . jo. . . marc. . , . esther . . lib. . in luc. c. . hom. . in jo. jo. . . john . marc. . . jo. . . s. ambr. lib. de incarnat . cap. . s. hilar. in matt. c. . acts . , . ep. . ad pammach . gen. . . s. hierom. in mat. . heb. . . haer. . jo. . . matt. . . matt. . . mark . . acts . . luke . . luke . , . in ep. ad gal. c. . v. . hom. . in jo. tract . . in jo. tim. . . in ps . . mat. . . matt. . . matt. . . in ep. ad rom. c. . l. . matt. . . lib. . adv . jovinian . in psal . cont . part . donati . ep. . ad damas . id. ep. . tract . . in jo. in ps . . matt. . . in ps . . cor. . ps . . in enchirid. c. . in ps . . in ps . . s. aug. in ps . . in ps . contr . part . donat. ipsam formam habet sarmentum , quod praecisum est de vite , sed quid illi prodest forma , si non vivit de radice ? in ps . . ecclesia paradiso comparata . s. aug. l. . de bapt. contr . donat ▪ c. . ser. super gesta cum emerito . lib. . de baptis . c. . ep. . ad vincentium , & alibi passim . s. jude cath ep. v. . pet. . . jo. . . thursday june . . at the councill of state at vvhite-hall, ordered, that the commissioners for removing obstructions in the sale of the manours, lands, tenements, or hereditaments, directed to be sold by act or ordinance ... england and wales. council of state. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e c thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) thursday june . . at the councill of state at vvhite-hall, ordered, that the commissioners for removing obstructions in the sale of the manours, lands, tenements, or hereditaments, directed to be sold by act or ordinance ... england and wales. council of state. sheet ([ ] p.) printed for giles calvert, hen. hills, and tho. brewster, london : mdcliii. [ ] title from caption and opening lines of text. reproduction of the original in the british library. eng attachment and garnishment -- great britain -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no thursday june . . at the councill of state at vvhite-hall, ordered, that the commissioners for removing obstructions in the sale of th england and wales. council of state. a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion thursday june . . at the councill of state at white-hall , ordered , that the commissioners for removing obstructions in the sale of the mannours , lands , tenements , or hereditaments , directed to be sold by any act or ordinance of parliament , be authorized and impowerd , to summon all and every the purchasers of any the fee farm rents , and of the lands and estates forfeited , to the common-vvealth , for treason , who shall be certified by the treasurers for the same to be in arrear for their first or second moity , or any part thereof , and to compell the payment in of all such moneys as are , or shall be in arrear as aforesaid , and in default of payment thereof , to sequester the lands and estates real and personal , of such purchaser , untill payment be made , and upon payment thereof , with interest , since the same ought to have been paid , to discharge such sequestration . and that the commissioners and sub-commissioners for sequestrations in the severall counties , towns and cities within this commonwealth , be hereby required and enioyned to take care thereof , and that they likewise do observe such orders and directions concerning the same , as they shall from time to time receive from the said commissioners for removing obstructions . thursday iune . . at the councill of state at vvhite-hall , ordered , that this order be forthwith printed and published . io. thurloe secr. london , printed for giles calvert , hen. hills , and tho. brewster , mdcliii . a true and perfect narrative of the tryal and acquitment of mr. john satterthwayt at the assizes held at kingston, march being accused for firing the house of mr. peter delanoy, dyer in southwark / written in his own hand, in a letter to his friend in london. satterthwayt, john. approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing t estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a true and perfect narrative of the tryal and acquitment of mr. john satterthwayt at the assizes held at kingston, march being accused for firing the house of mr. peter delanoy, dyer in southwark / written in his own hand, in a letter to his friend in london. satterthwayt, john. p. s.n., [london? : ?] reproduction of original in hungtington library. caption title. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng delanoy, peter. trials (arson) -- england -- early works to . great britain -- politics and government -- - . - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion a true and perfect narrative of the tryal and acquitment of mr. john satterthwayt . at the assizes held at kingston , march . being accused for firing the house of mr. peter delanoy , dyer in southwark . written with his own hand , in a letter to his friend in london . kingston , march . . sir , i presume it 's no news to you that i was apprehended and committed to the marshalsea , for the wicked and felonious entring into , and setting on fire , the house and dye-house of peter delanoy of southwark , dyer , it being made publick to the world , by our infallible , unerring , protestant news-monger , and therefore i forbore declaring to you my case , or giving any account of my self about it , enduring my heavy irons , my melancholy imprisonment , and all other my reproachful sufferings quietly , till god was pleased to deal with me according to my innocency . and i should still with the same resolution have forborn troubling you , were it not to vindicate my self from the scandals , that infamous tongues asperse me withal , concerning the contriving of the said fire , together with the honourable profession of a souldier , the imployment i follow . and therefore i hope you 'l please to peruse patiently these , and pardon me for them . in the first place i do declare , and i take god to be my witness therein , that i am a protestant , of the church of england , that i was born and educated so , and never knew my self any other religion , nor any of my relations to be of the church of rome , although my accuser swore me a roman catholick . i do in the second place profess before almighty god , that knows the truth of all things , i never saw , spoke to , or drank with the maid that accused me , till after i was apprehended nor did i euer see , or hear of mr. delanoy , or his house , or what trade he was , until such time i was brought before the justice no , nor was i in southwark of a month before i was taken , or thereabouts . i am a gentleman you know , and a souldier , though ●t be an imployment obnoxious to a sort of people in this age , who are dis-satisfied that his majesty has any guard for the security of his person ▪ i wish my condition were capable of disposing of l. i should put it to some better use than so hellish and internal design . it may seem incredible , that a person of my parts , and profession too should be imploy'd in , or that ( if it were true ) i should treat with an unknown woman , about so weighty an affair ; or if it were so , what should induce me , next morning and next door , ( as i am informed it is ) to come , where i had committed such a fact over ●ight ? now , sir , i am acquitted , and i do nevertheless solemnly protest ; as i hope for mercy at the last day , i am as innocent of that crime as the child that is yet unborn , else may i never see god in his throne , which , with the following particulars of my case , i hope may satisfie you . and if you , the moderate , and the doubtful , be but satisfied , i value not my misfortunes ; let the envious and rude rabble think what they please , for 't is not easie to perswade them to believe the truth , when they are once possest with the contrary ; nevertheless , if any of them will be so critically curious , as to enquire into any one of the particulars of my case , they will find what i have therein roughly set down , will plainly appear to be a great truth . i shall say very little as to the woman that swore against me ; only give me leave to tell you , that those who are acquainted with her , know well what she is , and such as do not , may easily be satisfied , if they please , by several of her late masters , who have been to visit her in prison ; i pray god forgive her , for i do from my soul , yet while i live , i shall never forget her , nor the bear at the bridge-foot , where i was so bit for nothing , i may live to see h●s bear run , except he keep him strongly chained , he 's not so rich as i am innocent . but now as to my trial : i was this morning indicted , convicted , arraigned , and tryed , with margaret clark , my accuser , both by one indictment , to which i pleaded not guilty , ( as god knows i might without sinning , safely do ) and so did my yoke-mate ; there were witnesses sworn , two men , and two women , of little credit , and less fashion ; the men wanted matter to swear , and especially a peevish waterman ; they proved the fire ; that was evident before , by the maids own confessing , ( though she pleaded not guilty now ) which was sufficient for her turn ; the two women , the other witnesses , one of them very briskly swore , she had oft seen me in southwark , and particularly on thursday before the fire broke out , but could not say , she had either seen me in delanoy's house , or in his maids company ; the other witness swore , she saw a man go on sunday into delanoy's house in a red coat , and come out again , but did not see his face , nor could she say i was the person ; very angry the witnesses were they could swear no better ; how my persecutors were pleased , i leave that to themselves , believing they had rather hanged me innocent , than the maid guilty , judging so , from what words a giddy brain , passionate coxcomb , an apprentice to delanoy , spoke in court , who thought he had more wit than my judge , and more honesty than my jury , and would have me damned before i was condemned ; i am so much a christian , as not to wish him harm , but the contrary , desiring his soul may find favour from the great judge of assize in the other , for certain i am , his face will find but little from the lesser judges of this world. the maid her self was examined ; she denied impudently what she had before confessed , as to her self , but stood firmly to her first principles ; as to my particular , i was the person , and like cataline , resolved to add greater evils to those she had before committed ; but she being arraigned , her evidence was of no effect . the stress lying chiefly on thursday , jan. . and sunday , feb. some of my witnesses were examined , and then the judge proceeded to give the jury their charge . in fine , they brought her in guilty , and me otherwise , a favour i could not have expected from many southwark juries , i thank this kindly for 〈◊〉 i am contented , but i hope to have no further experience of their favours ; and now i only wait for my discharge , not doubting in a day or two to be with you . there were many prisoners , and several trials of sundry natures , which i shall not trouble you with ; only those of three gentlemen , seamour , alias herring , smith , and sherby ; two of them are cast in five indictments , and the third in four indictments , for robbery and felony on the high-way : with which i conclude my tedious epistle , and leave you to peruse my case truly stated with a copy of my commitment . a breviate of the case of mr. john satterthwayt , one of his royal highness's troop of his majesties guards , committed to the prison of the marshalsea , for the wicked and felonious entring into , and setting on fire the house and dye-house of peter delanoy , on sunday night , the first of feb. last , . . isabella satterthwayt his mother , and john satterthwayt of grays-inne , his unkle . to prove his education was in the protestant , and not in the romish religion . . his certificate out of the petty-bag office. to prove his receiving the sacrament , and taking the several oaths of allegiance , supremacy , and test . . his officers and fellow-souldiers . to give an account of his life and conversation , and what sort of people he usually kept company and convers'd withall . . mr. john griffith , mr. dovenport , mr. fish , mr. huddleston , and mr. whatton gentlemen of his majesties guard. to prove they with the said mr. satterthwayt all met at the pay-table at whitehall , on thursday jan. . and that about three of the clock in the afternoon , they went to the one tun tavern in st. martins-lane . . the said five gentlemen , the master of the house , his drawer , the constable , and part of his watch. to prove him at the said one tun from about three of the clock as aforesaid on thursday afternoon , till about three of the clock on friday morning , jan. . . four of the said gentlemen , &c. to prove he never was out of their company from friday morning at three of the clock , till about two in the afternoon , during which time they were not out of their quarters in and about pickadilly . . mr. bagley and his wife , in vine-street in st. giles . to prove he came to their house on friday about two of the clock in the afternoon , that he staid and slept there till about eight at night , and then went home to his mothers house next door . . his said mother , and mary hills her lodger . to prove he came home about eight of the clock as aforesaid , went to bed , rose not till next morning about nine of the clock jan. . when he was called by an officer to go to the guard. . the said officer , and most of the guard. to prove his coming accordingly to the guard , staid there till three of the clock in the afternoon , the usual time of relief , and then came to the cock and bottle in new-street in covent-garden . . lieut griffith , mr. jahn griffith , mr. fish , mr. davenport , mr. huddleston , mr. cardiffe , the master & mistress of the house , &c. to prove he came thither about four of the clock on saturday afternoon aforesaid , staid there in their company in the said house till about nine of the clock at night , at which time the said company parted . . tho. spanton his farrier , and mr. john griffith . to prove he called on his said farrier betwixt nine and ten of the clock on saturday night aforesaid , and ordered the said farrier to come to the swan-inne in castle-street , and he should be paid his bill . . mr. philips master of the said swan , his wife , mr. john griffith that lay with him , and the said farrier . to prove he came into the swan-inne on saturday night about ten of the clock as aforesaid , paid both the landlady and farrier , lay there all night , rose not out of bed till sunday afternoon . that about four of the clock he spoke to the landlord to get him a fowl for supper , which was accordingly fetch'd about the time people came from evening prayer ; that he supp'd there , and in fine stirr'd not abroad all day , till about ten of the clock at night , being sunday febr. . . . his said mother , & the said mary hills . to prove he came home about half an hour past ten at night on sunday febr. . as aforesaid , that he went to bed , and rose not till about nine on monday morning , febr. . . . mrs. h. the person he was to meet , and mrs. p. &c. to prove they had some time before , viz. jan. in the afternoon , resolved on a meeting in southwark ; but till that morning the hour and place was not appointed ; the said mrs. h. then sending a maid to him , to let him know she was going into southwark , received back this answer , that he would presently meet her at the bear at the bridge-foot . . his said mother , &c. to prove he stirr'd not out of doors on monday , till about ten of the clock in the morning . . mr. davenport . to prove he called to speak with him about eleven on monday aforesaid , when his mother told him he was gone out about an hour before . surry ss . to the keepers of the common goal of the said county . whereas john satterthwayt , whom we herewith send you , is charged upon oath before us , by one margaret clark , a late servant to peter delanoy , of southwark , dyer , for the wicked and felonious entring into , and setting on fire the house and dye-house of the said peter delanoy , on sunday last past : these are therefore in his majesties name to require you , to receive the said john satterthwayt into your custody , and him to keep safe , until he shall be thence delivered by due course of law. given under our hands and seals the d . day of feb. ann. dom. . ja. reading . jo. freeman . vera copia . the real cause of the nations bondage and slavery here demonstrated and the way of their freedome from their sore and hard bondage asserted presented unto the parliament ... / from one that hath seen the corruption ... richard hubberthorn. hubberthorn, richard, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing h ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing h estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the real cause of the nations bondage and slavery here demonstrated and the way of their freedome from their sore and hard bondage asserted presented unto the parliament ... / from one that hath seen the corruption ... richard hubberthorn. hubberthorn, richard, - . p. printed for thomas simmons ..., london : . imperfect: pages stained. reproduction of original in the huntington library. eng society of friends -- apologetic works. great britain -- politics and government -- - . a r (wing h ). civilwar no the real cause, of the nations bondage and slavery, here demonstrated, and the vvay of their freedome, from their sore and hard bondage asse hubberthorn, richard d the rate of defects per , words puts this text in the d category of texts with between and defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - judith siefring sampled and proofread - judith siefring text and markup reviewed and edited - pfs batch review (qc) and xml conversion the real cause of the nations bondage and slavery , here demonstrated , and the vvay of their freedome , from their sore and hard bondage asserted . presented unto the parliament of the common-wealth of england , who have a power and opportunity put into their hands to do good ( and to fulfil the expected ends of many ) if they improve it . from one that hath seen the corruption which bondageth the whole creation , and that waits for the redemption of the creature from under it , richard hubberthorn . i will restore thy judges as at the first , and thy councellors as at the beginning , afterwards thou shalt be called the city of righteousness , the faithful city , isai. . . ( not before . ) when this is fulfilled in england , it shall be truly called a free nation , or common-wealth , ( not before ) london , printed for thomas simmons , at the bull and mouth near aldersgate , . there hath been a time when the prudent hath kept silence , but now wisdom hath opened her mouth , and will be justified of all her children , for the lord is reviving the spirit that hath been imprisoned , and taking the yoak from off the disciples necks , and is going on in the name of his power , to make his creature a free creature , & his people a free people , and the nation that serves him , & obeys his law , a free nation ; and the thundrings of his power is gone forth , and his light is risen to discover and destroy that which hath deceived the nations , and to give a discerning unto all , of their freedom from their bondage , and in what it stands ; and that is to be cast out which gendreth to the bondage of soul , spirit or conscience , in any exercise of worship , or obedience unto god , which springs from the measure of his own life , which must not be hindered , nor quenched by any law , power or pretence whatsoever . therefore from the free spirit of life and liberty in christ jesus , this is proclaimed to the whole nation , and the nations round about , to take off their bondage , and to take away their reproach , which hath lain upon them for want of the life of christ , which is now risen to do its own work , and perfect its own praise , and to deliver its own seed wheresoever it hath been in captivity , the power of life must deliver it , from all that which causeth shame and reproach , which is the iniquity and transgression of the life of christ , which is the original cause of bondage to every nation , which the lord hath promised to take away in one day , zac. . . and his work and power shall be known by its fruit , which is to take away their sin , esa. . . one great yoak of bondage which is upon the subjects and seed of god in this nation , and others , is , that ministery , which is not free , neither will minister without money , and the people is not free to hear them , yet a yoak of bondage is laid upon them , to pay them ; and this iniquity is established by a law ; so here is neither free preaching , nor free hearing , unto which the free spirit raised up in this nation , declareth thus ; that every one that will minister , must do it freely , and as of the ability which god giveth him , and as the oracle of god , and that no profession of people may maintain anothers minister ; but that there may be a free preaching , and a free hearing among all people , that so it may be a free nation , and they that will have teachers according to their own lusts and judgements , they to maintain them ; and that there may never any such iniquity be established by a law , as for one sort of people to maintain anothers minister , for this hath caused heart-burnings , envy and strife , insomuch that little justice could be done for the nation , by reason of the cry of complainers and oppressors , as at every parliament , every high court , every assizes , and sessions , and petty courts , there hath some ( pretended minister or other been presenting addresses , petitions or complaints , and so hath stopt the just and lawful proceedings of the affairs of the nation ; which interruption may easily be prevented , and the courts of justice freed from such brawling and unceaseable complaints , which hath been more interruption to justice , then any thing in the nation besides , and hath more hindered the peoples deliverance from being a free people , and a free nation , then any thing in the nation besides ; so let every form and profession of religion maintain their own minister , and maintain their own poor , which are crying at their meeting-house doors , and in the streets , in the name of their god , for some relief , that so there may not be a beggar in england ; for herein the christians in name , are become even a reproach among the heathens , to see their own flesh stand naked and uncovered in the streets , and steeple-house doors , and at their doors , and they turn their ears from the poor , and forgets god , and looses the bowels of compassion , and are not merciful , as the father which is in heaven is merciful ; and so walks not according to the scriptures , but is a disgrace to religion , and even a reproach among the heathen ; so let no more the cry of the priests , nor of the poor be heard in our land ; the one crying for laws , to persecute and receive money of those , who they preach not unto , which receives no teaching from them ; which cry is intollerable , to be heard or suffered in a free common-wealth ; and the other for want of the creatures of god , when as others spend the creatures of god upon their lusts excessively , and so the creation is out of order ; but those that are come into the gospel ministration , and to be taught of the lord , and have received christ jesus the lord , and walk in him ; it is not so amongst us , for the creatures of god are not spent upon the lust , nor destroyed ; neither is there a beggar amongst us , who are truly of us , in the obedience of truth ; so that we do not desire that any people or profession in the nation should maintain our poor , for they are our own flesh , without respect of persons ; for if any of us have of this worlds good , & see our brother stand in need , & shuts up the bowels of compassion from him , the love of god doth not dwell in us ; neither doth any other maintain those that minister unto us the word and doctrine ; so we according to the royal law of liberty , desire to do unto others , as we would have them do unto us ; and thus to be a free people and a free nation . so every form & profession will enjoy their own minister , till they come to know him , unto whom the gatherings of the people must be , viz. christ ; so that neither parliament , assizes , sessions nor courts will have any thing to do in matters of religion , but to keep the peace of the nation ; and then he that hath the word of god , may speak his word faithfully and freely , without interruption ; so that the gospel of god may have its free course , and be glorified . and that great oppression of tithes ( which lyes heavy upon the whole nation ) which god raised up his spirit in the army once to testifie against , may be taken away , that what was then pretended may be now fulfilled , and the people eased of their oppressions which they have long felt the burthen of , and groaned under , that so ( as a free people ) they may be delivered from that bondage , and the law may be disannulled by which that bondage is imposed upon them . so this will beget love in the nation , and all persecution , cruelty and bitterness will cease , and every one may freely and quietly enjoy the fruit of his own labour ; then with much freedom and chearfulness , will every one minister of his substance unto all necessary uses , knowing that the earth and the fulness of it is the lords ; and when this universal love and free spirit is begotten among people , then will righteousness establish the nation ; and that will be brought forth , which many sincere hearts and tender consciences hath waited for , several years ; and many have been even almost weary and faint , in their minds , in waiting for that , which they once had a lively sight of , and hopes to enjoy , in the lords promise of liberty and freedom opened in their understandings ten years since , insomuch that some have been ready to tempt god , and say , that he was slack concerning his promise ; and some , for want of long patience , hath left off expecting that which they once believed and hoped for ; but god is reviving the hopes of the contrite ones , and in them that had said , there was no hope in them , is he renewing strength , to believe that god will give judges as at the first , and councellors as at the beginning ; the judges at the first , were not to judge for gifts , nor for rewards ; nor the priests was not to preach for hire , nor the prophets were not to divine for money , but the judges did minister justice freely between man and man ; and the priests did minister the law freely , which was added upon all transgression ; so in those dayes here were no priests that troubled the courts , judges , nor councellors , with addresses , petitions , or complaints for maintenance ; no suing at the law , no imprisoning mens persons for wages , nor no spoiling of mens goods , and there was not such delayes in executeing judgement upon transgressors as is now , for the judges sat in the gate , and executed judgement speedily upon the offender , & cleansed the land of evil doers , and so every one was to wait on his ministry , which he had received from the lord , and are to do so now , if they do it unto the lord ; he that judgeth for god , is not to respect any mans person in judgement , and he that hath the word of the kingdom is to minister it freely , and then the people will minister their carnal things , freely , to every one that hath need ; so that , whereas even from the priest to the people , al hath been given to covetousness , strife & debate ; every one now will be given to love and freenesse one to another ; for he that hath spiritual things , will minister them freely , and he that hath carnal things , will minister them freely , and so will all come from under the execution of the law , and from all strife and contention . another great oppression , wherein iniquity is upheld by a law , is in the ministration of the law between man and man , it not being done frely , so not , as in the begining . he that doth minister the law , let him do it freely for the lord , and for righteousnesse sake ; and let him be as one of the judges in the beginning , and as one of the councellors , whose eyes were not blinded with gifts and rewards ; and so it will come to be a free nation , and then every man will not seek his own , but every one anothers good , & then will pure love spring up to one another , & one will seek to preserve and save another , and not devour & destroy one another about earthly things as now they do ; so christs spirit will be found among all sorts of people , ministers of the law , ministers of the gospel , and subjects of the nation , which were to save mens lives , not to destroy them ; and then the scriptures which cannot be broken will be fulfilled , and peace will be extended as a river , and righteousnesse as a mighty stream . for it is this spirit which i have mentioned , in lawyer & priests ( which did ) not minister freely , but for covetous ends hath made merchandize of peoples souls and estates , that hath broken the peace of this nation , as many hath had a deep experience , even when the army was in its first purity and zeal for god and his truth , that spirit did creep into their councels and corrupted them , and did creep into parliaments , and corrupted them , and when there was any appearance of a monarchy , or government , arising in that nation , that spirit crept into every high court , and corrupted it , so that whole nations are corrupted with that spirit , so that till that spirit be purged out , there is not like to be a free nation , or a free people , for it was that spirit which brought israel into bondage , which was once a free nation , and not in bondage to any man , while the judges judged freely , and the priest preached freely , and the prophets prophesied freely without mony , or without price ; then was israel a free nation , and a free people , and the glory of all nations ; but when the judges judged for giftes and rewards , and the priests preached for hire , and the prophets divined for money ; then they became as corrupt as the nations of the gentiles round about them , and then they came into bondage and captivity , and then profainnesse went forth from the priests into all the earth , as it doth from those in england which are in the same state ; now see that sin and covetousnesse is a reproach to any people , as salomon saith , prov. . . and it is that which brings them into bondage from being a free people ; now if none may minister the law , but those that do it freely , as unto the lord , and as his ministers , then that covetous , self-seeking spirit will be purged out in judges , councellors , lawyers , attorneys , and solicitors , which would devour the creation , to spend upon their own lusts , that seeks for great places , to inrich themselves and destroy others , so that equity , law and justice is lost , and the free ministration of it in this nation ; so that in many cases , a man had better suffer himself to be defrauded , then to seek to the law for justice , the administration of it is become so corrupt , and the law is so perverted by them , that a man is not suffered to plead his own cause , but is forced to hire a lawyer , or an attorney ; and men are not suffered to bear a true and faithful witnesse , nor to have the truth and justnesse of their cause confirmed by the mouth of two or three witnesses , without swearing , and so people is still kept in bondage by deceit and oppression from having the liberty of their pure consciences ; and so neither law , judges , nor councellors are now as at the beginning , nor such as ought to be in a free common-wealth . now whereas in your late proceedings , it is ordered and granted , that every one shall have their free liberty ; first as an english man ; secondly , as a christian , which liberty hitherto we have not enjoyed ; for as english men , we have not had our just liberty in the nation ; first , as concerning the law ; secondly , as concerning the worship of god ; for in this our own nation , and in our own counties , where we have been well known ( and also just and true , and of good report , and no evil justly laid to our charge ) have we been shamefully abused , whipped , stoned , prisoned , and both our bodies and goods spoiled , accounted as vagrants , and not permitted , as english men , to have the liberty of the law , because we , as christians , could not transgresse the commandment of christ , which saith swear not at all ; so that if we may have our liberty as english men , then not to be persecuted in our own countrey as vagrants , where we are known to be no such persons ; and from hence let a true t●●●●mony , in yea or nay , be taken in our law without an oath , 〈◊〉 he that can take liberty to swear , and so to break christs c●●mand , will take liberty to lye also . and secondly , if we 〈◊〉 injoy our liberty as christians ; then we are not to be force● 〈◊〉 a law to maintain the anti-christian ministers , nor to be fo●… to swear contrary to christs command ; and also that act , 〈◊〉 law , is to be abolished , which is to persecute any for trave●… on the first day of the week , yea , when many of that day 〈◊〉 but travelled to the worship of god , hath been imprisoned , some their horses taken from them , & never yet had them ag●… and this is contrary to the christians liberty , for the chr●●●●ans , and the disciples of christ , in the primative time , tra●…led upon that day , and christ himself travelled upon that 〈◊〉 as you may read in luke . . where two of the disciples ●…veled from jerusalem to a village called emaus , ( and 〈◊〉 being risen from the dead travelled with them ) which was 〈◊〉 jerusalem about furlongs , and that same day they trave●… back again from emaus to jerusalem , verse . which in 〈◊〉 is about miles , and if they had travelled other miles 〈◊〉 it was but the christians liberty , and no law to the contr●●● so let that be repealed , which binds and limits us from 〈◊〉 the christians liberty , and from walking as they walked . and let not any magistrate be incouraged by you to ●…ny cruelty or persecution , from his will , upon any for the ●…ercise of their consciences in the fear of god , in obedie●… to his will ; for the day of your tryal is come , and the 〈◊〉 which will make all things manifest , and every work of 〈◊〉 sort it is . an opportunity hath been put into the hands of many , to 〈◊〉 for god who had no heart to improve it , but hath impro●… their own interest for their own ambition , and god hath 〈◊〉 them as a reproach , and a by-word among the people , 〈◊〉 have sought their own , and not anothers good , and have bused the power put into their hands ; therefore you that 〈◊〉 not yet lost your day , nor time , redeem it , least the lord 〈◊〉 you by also , as not fit to do his work , as he hath done 〈◊〉 the end . by the king, a proclamation for the better collecting and answering his majesties revenue arising by fire-hearths and stoves england and wales. sovereign ( - : charles ii) approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing c estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) by the king, a proclamation for the better collecting and answering his majesties revenue arising by fire-hearths and stoves england and wales. sovereign ( - : charles ii) charles ii, king of england, - . broadside. printed by the assigns of john bill and christopher barker ..., london : . "given at our court at hampton court, the twenty eighth day of july, , in the seven and twentieth year of our reign." reproduction of original in the guildhall, london. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng hearth-money -- england. great britain -- history -- charles ii, - . great britain -- politics and government -- - . - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - john pas sampled and proofread - john pas text and markup reviewed and edited - pfs batch review (qc) and xml conversion by the king. a proclamation , for the better collecting and answering his majesties revenue arising by fire-hearths and stoves . charles r. whereas his majesty hath received frequent complaints from his commissioners and farmers of the duty arising by fire-hearths and stoves , that not onely divers of his majesties subjects do refuse to pay the said duty in such cases wherein by the laws in that behalf made , the same ought to be paid , and wherein ever since the making of the said laws , till of late , without contradiction it hath been paid , but also that the officers appointed to collect the said duty , have been affronted and molested , as well by violence offered to their persons , as by vexatious arrests and imprisonments : his majesty therefore for the better preservation of so considerable a branch of his revenue , and for the encouragement and protection of the said commissioners , farmers , and their officers , in the due execution of their several places , is pleased by this his royal proclamation ( with the advice of his privy council ) to declare , that as he expects the said farmers and commissioners , and their officers , should according to their oaths faithfully collect the said duty , and not suffer the same to be lessened by forbearing to levy the same in any case where by law the same ought to be paid so he doth hereby strictly enjoyn and require all his subjects whatsoever , to observe and be obedient to the laws made for the establishing and collecting the said duty , and duely to pay the same duty in all cases where by the said laws the same ought to be paid : and that they forbear to affront or molest the said officers by any violent or unlawful ways or means , upon pain of being punished according to the utmost seventy of law and iustice . and all magistrates and officers whatsoever in any wise concerned , are hereby also strictly injoyned to be aiding , favouring and assisting to the said farmers and commissioners , their agents and officers , in all things touching the levying and collecting of the said revenue , and punishing of offenders , as by law they are required . given at our court at hampton court , the twenty eighth day of july , , in the seven and twentieth year of our reign . god save the king . london , printed by the assigns of john bill and christopher barker , printers to the kings most excellent majesty . . to the right honourable, the supreme authority of this nation, the commons assembled in parliament an appeal in the humble chain of justice against tho. lord fairfax, general of the english army, raised, and declared to be raised, for the propogation and defence of impartial justice, and just liberty in the nation / by captain william bray ... bray, william, th cent. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing b ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing b estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) to the right honourable, the supreme authority of this nation, the commons assembled in parliament an appeal in the humble chain of justice against tho. lord fairfax, general of the english army, raised, and declared to be raised, for the propogation and defence of impartial justice, and just liberty in the nation / by captain william bray ... bray, william, th cent. p. [s.n.], london : . reproduction of original in the university of illinois (urbana-champaign campus). library. eng fairfax, thomas fairfax, -- baron, - . england and wales. -- army. great britain -- politics and government -- - . a r (wing b ). civilwar no an appeal in the humble claim of justice against tho. lord fairfax, general of the english army, raised, and declared to be raised, for the bray, william b the rate of defects per , words puts this text in the b category of texts with fewer than defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion to the right honourable , the supreme authority of this nation , the commons assembled in parliament : an appeal in the humble claim of jvstice against tho. lord fairfax , general of the english army , raised , and declared to be raised , for the propagation and defence of impartial justice , and just liberty in the nation ; by captain william bray . for , and on the behalf of himself , and all the officers and souldiers , and other the free people of this nation , that are for righteousnesse , settlement and peace . prov. . . these things also belong to the wise : it is not good to have respect of persons in judgement . prov. . to have respect of persons is not good , for a piece of bread that man will transgresse . prov. . . the fear of man bringeth a snare : but whose putteth his trust in the lord , shall be safe . london , printed in the yeer . to the right honourable , the supreme authority of this nation , the commons assembled in parliament : an appeal , in the humble claim of justice against thomas lord fairfax , generall of the english army , &c. by captain william bray . right honourable , i have traced the actions of men in authority , and i find , that ( to my griefe ) justice and righteousnesse ( as names ) are but a stalking horse to the designes of meer power and greatnesse , and to be in a capacitie to lead whom it will , like sheep to the slaughter , without the bounds of law or reason . it will be admired at by some , that i should contend against so great a personage : but truly , right honourable , there is nothing that makes me willing to be silent now , but this , that i my self am compassed about with infirmities : but this is no argument why i should not seek justice ; but be destroyed , ( together with others ) inslaved , and wasted time after time , by the wils of men , or of a man . it is true , i see the favour of my enemy ( he being great and potent ) will make me many enemies , because many gain honour and greatnesse meerly by it : but there is a god that impartially judgeth the earth , and the small and the great are all one with him , and with just men . it is true , i expose my self by this to the power and stratagems of the generall , and all his polititians , to undo me , and to work their revenge upon me , if the lord of righteousnesse and justice doth not restrain them : but in this consideration ( whatever my enemies power and policies are ) i shall give up my self wholly to the great judge of the earth , and trust him , come life , come death . it is true , he is great and potent by the bloud , adventures and ruines of the people ( the effects of war ; ) and to me this is a great argument against the ingrossing of all power and authority into his brest ; and much more against the acting arbitrarily and unlimitedly against any member of the people or common-weale : and to my reason , it is to make such an end of war and bloud , as that it is not worth the blood of one man ( as it may probably extend ) much lesse the bloud of so many thousands as have been slain in the war , — civill war . — . me thinks , i cannot but consider the contest betwixt the king and this honourable house : and surely , i cannot beleeve , but that , had it not been for injustice , monarchy had still remained ; and i do not think that any just man would have lift up his hand to engage in war — civill war — , for my part , i shall professe , i should not : for i am not against government , but can live with satisfaction either in monarchie , aristocracie , or democracie : for to me nothing is essentiall , but justice and righteousnesse in a common-weal . . i cannot but consider the glorious expressions of justice and righteousnesse in the many declarations of the armie ; by which the penman thereof , and the chief heads did seem to be taken up conscientiously with the power of justice , in their engagement against the parliament , and excluded many that had formerly appeared valiant and fighting men in the cause of the nation , to their dishonour and infamy ; with this pretence , that justice and reason did only justifie them , and an intention of a speedy settlement , of justice , and laws of reason to the people . but there was a declining of that solemn engagement , which was like to have made all former victories hazardous , and to have totally endangered the armie , and all the well-affected people in the whole nation . and it was mr. edward hide 's speech at a conference of both houses , . julii , . against the lord chief justice , baron davenport , baron trevor , and baron weston , in the case of ship-money : these are the men , saith he , that by doing , or not doing , have brought this war upon us : by this means , saith he , the peace of this island is shaked , and frighted into tumults , commotions , povertie and rage of war . and it had been an abuse of providence for these men to have pretended providence for their desisting from good , or their doing of evill : and i beleeve , it would not have been received as an excuse to save the king , to have used the expressions of providence ; which is much in use these times to countenance the throne of arbitrary power and dominion over the people , by men that are now made great and potent by their blood , ruines , and adventures in war , — in civil war — . . i shall present my observation to you and the people concerning the latest remonstrance from the army at st. albans . pag. . speaking against the king , ( viz. ) thus the people were made to depend mainly upon the king for all , and his interest made necessary to all ; the other pretences were but made use of to serve his ends , and an easie way to set up him an● his interest above all . pages , . that no common councell or parliaments at all should check him ; but that all matters of supreme trust , concerning safetie , and all things else , might rest in him , without limit from , or account to any upon earth ; and that all those extraordinary and arbitrary powers over the people ; yea , their persons and consciences , might be exercised at pleasure by himself , and such as he pleased to derive the same unto . page . snares and chains were laid upon consciencious and zealous men , and the generalitie of people held in darknesse and superstition , and a blind reverence of persons , and outward things , fit for poperie and slaverie . page . it was a brand of dishonour laid upon the king , to prefer such as had a mixture of ambition and vain-glory , with a servile spirit , rendring them fit to serve anothers power and greatnesse , for the enjoying some share therein to themselves . may it please this honourable house to give me leave to speak a few words , in order to the good of many of the commons of england , the officery and souldie●y of this nation , bone of my bone , and flesh of my flesh , now in being and hereafter to be ; men that have or shall adventure their precious bloud for the rights of the nation ; but not so , as unnaturally and unreasonably to exclude themselves , after their successes and deliverances , from justice and right ? the disadvantages of arbitrary power to reside in any person over all or any of the people , may become at length to be so setled , as that it will be a personal interest in him and his creatures , and a pretended prerogative against the publick interest of common right , peace and safetie ; and at length this maxime will be brought in in time , that the general can do no wrong ; even as it was said , that the king can do no wrong ; which ( as mr. solicitor cook saith in king charles his case ) is blasphemy against the great god of truth and love ; for onely god cannot erre ; because , what he wils is right because he wils it : and it is a sad thing , saith he , to consider that learned men , for unworthy ends , should use such art to subdue the people , by transportation of their senses , as to make them beleeve , that the law is , that the king can do no wrong . in these times of confusion , evill , apostacie , and warring unto bloud [ which cryes , ] i have weighed much with my self what is the onely way to compose our differences amongst our selves , and make a compleat reconciliation : and i finde nothing so likely as a mutuall agreement amongst the people , by making of just laws , agreeable to the law of nature ; which is undemonstrable , which needs no demonstration , were it not for corruption and interests . it is , as mr. john cook saith in his book against the king , the unanimous consent of all rationall men in the world , written in every mans heart with the pen of a diamond , in capital letters , and a character so legible , that he that runs may read . and it is nothing else but the policie of polititians , to live honourably by the ruines and warrings of the people , to keep off an insisting upon laws of settlement and agreement ; and to insinuate into corruption and interests that are strongest and most prevalent , that so they may keep themselves in the power of the sword without reason , in war , and after war : o sad end of war to the people ! but now every drop of blood and injustice will be recorded in mindes of just men . england hath eys ; the people thereof will not be deluded after so much blood : and for my part , i cannot but think , that all impartiall men , whether presbyterians or independents , or any else under any other name , ( that are not choaked by preferments from the present power , or in expectation of honour by favour and promise ) would have impartial justice and an equall distribution according to principles amongst the people : and i hope , there be many impartiall men that have places of honour , who ( for their countries sake ) would willingly adventure ; but it is not common : dominion and avarice are the great gods of the world . but when polititians do wave the agreement of the people in the laws of nature and reason , then we may justly fear a designe ; for it is because they would not have the people see , nor understand : for then they know they could not do what they please , and continue in the throne : they could not get persons to be esteemed more then principles . but i shall shew unto this honourable house , how his excellency the general of the english peoples armie , hath dealt with me , as well as with other of the people ; and how such actions are the paths of former powers . and i shall shew of what a dangerous consequence the actings of the generall are , and how consonant to the late kings actings amongst the people . and indeed , mr. solicitor cook saith , that if any of those that tried the king shall turn tyrants , or consent to set up any kinde of tyrannie by a law , or suffer any unmercifull domineering over the consciences , persons and estates of the free people of this land , they have pronounced sentence against themselves . master solicitor cook hath these several arguments against the kings tyranny and policies , cited in king charls his case . first , the king , when there ever was a spirit of justice stirring and discovered in the house , he sends the black rod , and dissolves the parliament ; and so the parliament men were fain to go home with a flea in their ear , and tell the free-holders in the country of the bravery of the king and lords . so the generall , &c. when he saw the spirit of justice stirring in the armie amongst the free people and souldiery of this nation , that had adventured their bloud , he dissolved their generall councell of two officers and two souldiers of every regiment , &c. secondly , if the people clamour for another parliament , then there goes out another summons ; yet a way made to make all fruitlesse , by a negative voyce that the people cannot save themselves without him ; and must cut their own throats , if commanded so to do . so if any of the people in the armie claim and clamour for their rights , even for their indisputable rights of petitioning ; then presently there is an order from the generall and some other officers , or a command and negative voice , to hinder the same : whereas they charged hollis and stapleton for overthrowing the rights and liberties of the subjects of this nation , in arbitrary , violent , and oppressive wayes , and endeavoured by indirect and corrupt practices to delay and obstruct justice , to the great dammage and prejudice of divers of the poor commoners of england petitioning for the same . thirdly , another means he had to put some others between him and the peoples hatred , by a pretended prerogative to be the sole judge of chivalry ; and to have the sole power of conferring honours ; that so he might be sure to have two against one to stand for his prerogative against all right and reason . and so , what gaping and depending upon the generall after places of honour and profit ; what undermining any one that is out of favour ( though without cause ; ) and what snares there are and have been laid for the casting out of those that have appeared conscientiously stedfast to their principles , for the rights of the people , let all rational men judge . fourthly , another means he had to delude the people , to make the people beleeve , that he had committed all justice to the judges , and distributed the execution thereof into severall courts ; and that the king cannot so much as imprison a man without law or reason . but see what a mockery this was to justice : if the king have a minde to have any publick spirited men removed out of the way , this man is kill'd , the murtherer known , a letter comes to the judge , and it may be it shall be found but man-slaughter . so , when the lord did ( though with much temperance , as i appeal to the world ) make me to own things that are just , according to their own former words and actions ( as after appears in my case ; ) then i was presently a mark to shoot at ; and though this hath not extended to murther mee as yet : yet it hath extended ( as much as in him lay ) to dis-repute mee , and undoe mee ; snatch mee off by force from the common cause of the nation , and unmercifully make mee lyable to insurrections and invasiens , if any shall be . fifthly , for matter of libertie ; if the king , or any courtier sends a man to prison , if the judge set him at libertie , then he puts him out of his place : which is ( saith hee ) a temptation too heavie for those that love money and honour more then god . so , if any one appears out of a reall affection to justice , for any one that is extremely oppressed ; then there is suspicion and jealousie ; and as the new colonell john reynolds said to one , if hee should speak for mee , he should prejudice himself ▪ sixthly , the king pretended a prerogative , that he might avoid any of his grants ; and so might cozen and cheat any man by a law ; and the ground thereof , that the kings grants shall be taken according to his intention : and by this means the kings grants have been like the divels oracles , taken in any contrary sense for his own advantage . whereas master solliciton cook saith , all the judges in england cannot make one case to be law , that is not reason . but the general ( though he hath joyned in many good things ) hath made void his own solemn engagements to the souldiers and people , hath imprisoned and cashiered those that have appeared consciencious to their principles ; and used divers arbitary and oppressive wayes , to make himself and his creatures absolute and unlimited , tending to the extreme prejudice of many of the common-weal ; ( viz. ) officers and souldiers of this nation , as appeared by his actions of cashierement , of captain ingram , and then the life-guard , my self , and divers others in the engagement equally concerned ; and so he goes on to an absolute will , divided interest , and conquest over many of those that have engaged in england's bloud , and appear for england's libertie , and at length may over all others ; contrary to the declarations of the army in opposing the parliament , in the declaration of the fourteenth of june , , in the volume , pages , , . but conquest or power makes a title amongst wolves and bears , but not amongst men , as master sollicitor cook saith against the king . what a sad thing is it , that after our engagements , double and treble engagements against absolutenesse , tyranny , conquest , arbittarinesse , the same things must be done amongst our selves ? and now i appeal to you for judgement and justice that may appear without partiality to the understandings of all unbiassed men . i shall onely hint unto you the businesse of warre in a few words , ( viz. ) if i had deserted the regiment at the time of the agreement of the people , i had been a perfidious fellow to my principles , and the nation , and armie ; and by that means the nations interest in that regiment had been the kings ▪ for there were some lords in the quarters courted them to it . but this honourable house , and all rationall people may see how inhumanely i was used . after my being apprehended in the field , i was six weeks in custody at windsor , or thereabouts : i was justifiable in my grounds and reasons , which did relate to the engagement of the army , the agreement of the people , and the generals just authority : and i was declared justifiable by lieutenant generall cromwell , as many can witnesse ; and commissary generall irevon told one in private ( viz. mr. sexbye ) that there was nothing against me . i was appointed my command again under the notion of an holy fast , and of their desiring an union , and imbracing one another in love , ( oh sad hypocrisie ! ) but it was to juggle me out of my right : ( reason and justice being for me , as doth after appear ; ) that what reason and justice could not do , power should . after that , the generall seemed to be dis-satisfied : though commissary general ireton said , that god did incline the hearts of the generall and generall councell to desire a union , and embrace one another in love ( his very expressions , as many were witnesse ; ) and so i had lieutenant general comwels letter to newcastle : but that apostate , my deadly enemy , henry lilburn ( having influence in the generall , when i came from newcastle , two hundred and ten miles from london ) got me presently suspended my command : after some five or six weeks stay , suspension or confinement there , a commission was sent from the generall for another to have my place . i had some losse also by the tedious journey : lieutenant colonel henry lilburn had also broken open my trunk , and seized upon my commission , and kept it . i was fain after all this to return to london . i had been four or five months or thereabouts strook out of the muster-rols of the armie without cause . when i came to london , i made my appeal to the general and his counsell of war , and delivered it to himself to be heard , and for justice ; but i spake to the air , i could not get it granted . after that i made many private addresses by my self and others : he told me , it was his pleasure . i offered to refer it to some parliament-men to hear the businesse , i could not have that granted : i offered to refer it to some consciencious officers of the armie in private , i could not have that granted : which actions were ( under correction ) contrary to the solemn engagement of the armie , the articles and discipline of war , and all manner of christian society and reason amongst men . — oh unreasonablenessel — and at length , all that i could get from the generall , was but twenty pound out of the contingent moneys . and the truth of it was , it was extreme grievous to me to bring odum upon the generall and others , with continuall hope : of his and others resurrection , or standing for principles of justice and freedom to the people : but now i see it is of such an extension , as a continued design to disparage , dishonor , and destroy me , and consequently others ; i hope i shall be excused in the eyes of all rationall men , that i now speak : though , for enemies to me , and apostates , i care not what they say . after all this injustice and dissatisfaction , when others would have wrought upon these things , and used it , as an argument to me , to revenge my own wrongs , and publique injuries ; another pretending for the king and justice , insinuatingly , politiquely , and privately , that if i would , i might be a colonell against the grandees . but the lord made me to abhorr such motions , and the lord kept me firm , stedfast , and sincere in the times of temptations , wrongs , apostasies , and danger , to the nation , the army , and this house ; and so to their persons , though my person have been tossed like a tennis-ball by them : and i raised a troop against the bloody insurrections , and in constancy to my principles , and by the generals own privitie , unto whom i did in my affections and civility go for that end . and when i was dismissed out of the county of kent . i have ever since kept up my troop , in order to the freedom , justice , and peaceable settlement of the nation , in colonell reynold's regiment , and upon the same account that the army and the well-affected of the house have manifested themselves , have been at most excessive charges and damages this five months in order thereunto ; and have been intrusted with the guard of the kings own person , at hurst-castle by the authority of the army , and command of col. john reinolds , ( voted a col. of the army by this house . ) yet notwithstanding may it please this supreme authority , i being at the generall-councell of the army , on , or about the first day of march last past , and there being a letter presented by some sou ldiers , to the generall , and the councell ; it was put to the question and the poll , whether the letter should be owned or not owned : and when i was demanded my vote in the councell , ( which should be free : ) i told them , that though i could have wished that many expressions that were taken offence at were left out ; yet in my judgment the substance of the letter did relate to the right of petitioning , and to a petition that was presented in parliament , and therefore i thought the work of that court was to consider of it , and so i owned it , though i had some temptation upon my spirit not to own it , because i saw a designe upon me . a little after , i was ignominiously and unreasonably cast out of the councell , and had not liberty ( though i desired it ) to speak , as if it were now grown a capitall offence to speak a mans judgement in a councell , ( which should be free ) and as capitall a sin to speak a word for a private souldier ( though with never so much temperance ) if contrary to the judgment of some officers ; whereas it was offered by the army , as a necessary expedient that there might be a liberty of dissents in the house of commons , that the nation might readily come to know , who they are that perform their trust faithfully , and who not ; and this was offered to render a parliament less nocent , remonst . of june , and in the volume of declar. page . we appeal to all men whether it be just or tolerable , that any priviledge of parliament , should contrary to the law of nature make a man judge in his own case on concernment . but the generall would have that unreasonable power and dominion which he would not give to parliaments , amd will not give that libertie that he takes to himself : unto what pass will this nation come to , unless this honorable house justly interpose with their just authority . but i humbly conceive , that this honorable house , the wel-affected in army and nation , are bound in conscience , to interpose in their dying liberties ; for what man in the earth knowes where such practises and designes will end ; for after i was cast out of the councell without just cause , my troop was given away to another , and a commission given to another to be in the regiment , and i could not have that indisputable justice from the generall , to suspend it till the business was determined in parliament , though i desired it in private of him . i shall desire the honourable house to consider the two cases before laid down ( not mentioning my former arrears and losses in your service , and for your sakes ) by which injustice and wrongs will appear , and by reason of which i am engaged in the world : and to consider that the generall would by vertue of his negative voice , ( which the king so much stood upon under the specious notion of the use of his reason ) deprive me of my right , and give it to his creature ; and pretend that he hath an unlimited power to give ; and deny , to whom he please , which may extend as well to kill , and save alive , as to honour and dethrone , in an unreasonable arbitrary manen ; just like the kings practise , as i have shewed before . he himself can receive a commission from parliament , against the king , and after that withstand the parliament , again and again , and rend and tear in pieces all power , and break all the reins of government , as to former constitutions , and tell them , that it is not the me●r punctilio of a commission ? but impartiall justice , and freedom , principles of nature and right reason is his commission , ( which actions are only justifiable before god and man , in order to justice and freedom ) but he can act arbitrarily , unreasonably , and fly to his own sword and power , without reason , when he pleases , to destroy the nations friends , and his own too ( though not flatterers ) in their freedom and justice . this corruption may destroy the wel-being of this army and common-weal ; for if this house , or any officers or souldiers in this army , do walk and speak never so reasonably , yet power and will may destroy and cast out both , or doe both ; for by it he may doe one as justifiably as the other . and if god in his appointments should give a great part of this army into the hands of future enemies , by future warr and blood , then another part of the people of this nation must be invited out with the names and expressions of judgment and conscience ; and after they have obtained victory also with the loss of many thousands , and the hazards of many more ; all their liberties , and equal good and right , shall be usurped and swallowed up into the hands of one man , ( or a few men ) who may be partially swayed to destroy and save alive whom he please ; if he prove corrupt and apostatize as former powers have , and so one corrupt man in power corrupts many more , untill at length they will come to call corruption justice ; and it must be so , because they call it so ; and then he is worthy of death and cashierment , that will not say , the crow is white . for my part , i shall profess my self to the world to be for the generals personall authority , and power of conduct ( so long as this intrusted authority thinks fit and just ; and as may appear by an address unto his excellency written by my own hand , and consented to by the troops about two months last past ) as much as any insinuater or flatterer that hath interposed between the generall and me , in order to the rights of the people ; and i should be glad if the generall did walk truly , justly , and honourably , sutable to such an authority . but to have ( as much as in him lay ) my body , little estate , and more especially , or above all , the liberties of my country , the liberty and freedom of my conscience , to be all enslaved at once by him , i had rather be rack'd to death or destroyed by the general , or by any unworthy , mercenary-spirited , insinuating officer or souldier , then subscribe in that sense . and i professe impartially , i know not what sense is expected from me else , by these and the like actings : just like the actings of willam the norman conquerour , who deprived the english natives of the comforts of riches , and places , and their smallest offences against his will and norman lawes , were made grants to entitle him to their lands , and places of trust , to fulfill his lust , satisfie his creatures , and carry on his tyrannous designes over the people . and i do finde it a very great evill , that when the people and the souldiery claim just and undenyable things ; then presently some men commonly fly to a deceivable mistaking of the question , and subvert the people and souldiery in their cause ; and say that the men are against authority , as the king did against the parliament : and so the people and souldiery are jugled out of the question . but i desire this honourable house to consider , that injustice is the foundation of almost all evils in the world : and when politique murtherers ( which are the greatest murtherers in the world ) give continued occasion , then they cry out against the evil , and rend and tear like unreasonable beasts of prey ; and cry out upon the lambe , if it seek but his just , righteous , naturall , and reasonable safety ; they extremely offend , and then they are offended if a man speak in his just cause ; like tiberius the successor of octavius , who after a faigned clemency at the beginning of his reign , suffered no day to passe without shedding the blood of poor innocents ; and he prohibited on pain of death , that no one should be so bold as to weep or to manifest sorrow : they make occasions ; they cry out of passions , though they abundantly provoke . and therefore right honourable , sithence authority is meerly for that end , to doe justice impartially , that one might not oppresse another , that might may not ovorcome right ; and since you have overturned the face of other personall authorities , cast out , and imprisoned divers members of your own house , to their ignominie and dishonour , nulled the house of lords , impartially beheaded the king and some lords , and declared to the people , that it is out of an affection to impartiall justice and righteousnesse , according to the first institution of authority by judges , according to the scriptures , deut. i. , . i shall desire you would doe justice for justice sake , that it may appear to the people , and to the officers and souldiers of the nation , whom it justly concerns , and unto whom i am deeply engaged , whose cause i make my own , and whose blood i esteem as my own , and unto whom i have now discharged my conscience , and then you will justly oblige me to manifest my self yours , and to employ my small talent of reason and understanding for your service , and in defence of your supreme authority . finis . thursday november . . resolved and declared by the commons assembled in parliament, that the priviledge of this house, in point of protection from arrests doth belong to the members of the house, and their menial servants onely, ... england and wales. parliament. house of commons. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) thursday november . . resolved and declared by the commons assembled in parliament, that the priviledge of this house, in point of protection from arrests doth belong to the members of the house, and their menial servants onely, ... england and wales. parliament. house of commons. sheet ([ ] p.) printed by john bill, printer to the king's most excellent majesty, london : . title from caption and first lines of text. signed: w. jessop, clerk of the commons house of parliament. reproduction of the original in the british library. eng england and wales. -- parliament. -- house of commons -- privileges and immunities -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no thursday november . . resolved and declared by the commons assembled in parliament, that the priviledge of this house, in point of pro england and wales. parliament. d the rate of defects per , words puts this text in the d category of texts with between and defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion cr diev et mon droit honi soit qvi mal y pense royal blazon or coat of arms thursday november . . resolved and declared by the commons assembled in parliament , that the priviledge of this house , in point of protection from arrests , doth belong to the members of this house , and their menial servants onely , and to the officers attending the service of this house ; and that all protections in writeing , granted by any member of this house , to any person whatsoever , be forthwith called in , and are hereby declared to be null and void . and all persons whom this may concern , are required , upon all occasions , to take notice of the priviledge belonging to the members of this house , and their menial servants , and to the officers attending the service of this house , at their perill . resolved , that this order be forthwith printed and published . w. jessop , clerk of the commons house of parliament . london ▪ printed by john bill , printer to the king 's most excellent majesty . . the grand case of conscience stated, about submission to the new and present power, or, an impassionate answer to a modest book concerning the lawfullness of submitting to the present government by one that professeth himself a friend to presbytery, a lover and embracer of truth wheresoever he find's it. one that professeth himself a friend to presbytery, a lover and embracer of truth wheresoever he find's [sic] it. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing r ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing r estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the grand case of conscience stated, about submission to the new and present power, or, an impassionate answer to a modest book concerning the lawfullness of submitting to the present government by one that professeth himself a friend to presbytery, a lover and embracer of truth wheresoever he find's it. one that professeth himself a friend to presbytery, a lover and embracer of truth wheresoever he find's [sic] it. rous, francis, - . p. s.n., [london : ] caption title. one in a series of pamphlets replying to francis rous's the lawfulness of obeying the present government. the st was "a religious demurrer ..." ( ) possibly by nathaniel ward and others identified as "a.b.c."; the nd, "a second part of the religious demurrer, by another hand", and the present piece are by "a" or "c". the th was "discolliminium ... by b.", widely but erroneously attributed to ward. not to be confused with the grand case of conscience concerning the engagement stated & resolved. erroneously attributed to rous by wing. place and date of publication from wing. reproduction of original in harvard university libraries. eng rous, francis, - . -- lawfulness of obeying the present government. allegiance. political science -- early works to . great britain -- politics and government -- - . a r (wing r ). civilwar no the grand case of conscience stated, about submission to the new and present power. or, an impassionate answer to a modest book concerning t [no entry] f the rate of defects per , words puts this text in the f category of texts with or more defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion the grand case of conscience stated , about submission to the new and present power . or , an impassio●…te answer to a modest book concerning the lawfullnesse of submitting to the present government . by one that professeth himself a friend to presbytery , a lover and embracer of truth wheresoever he find's it . although i love not contention , yet i desire satisfaction : that whilst ●… live a midst a tumultuous generation , and unquiet times , i may be delivered from a troubled spirit and discalm'd minde ; a wounded spirit who can bear ? i was willing to have sate down in silence , res●…lving to hav●… kept my conscience , as void of offence to others , so ●…ree from disturbance in it self , ch●…sing rather quietly to suffer for not doing what was commanded , than knowingly to act what is ( at least to me ) ●…lawfull : such a liberty of conscience i conceive none will deny me . but since ●…at book came to mine hands , i ( although unwillingly ) undertook this task , not only out of an earnest desire i had to finde out truth , but for the unusuall modesty of the tract it s●…lf , knowing that the fowlest corn is best winnowed in a gentle gale ; a tempestuous winde blowes away ch●…ffe and corn too . i shall take a brief view of the book , and submit what i shall speak to the authours judgement , a declaration hath been lately published , &c. indeed there was such a declaration published , which i desired with much earnestnesse , and read with some d●…ration , expecting to have found the very quintessence of reason , and stre●…gt of argument , whereby judicious men might have been wholly convinced ▪ and abundantly satisfied ; but my s●…ruples were not answered by it . for suppose that had been proved , which was there much argued , that the government of a free state were in some respects more convenient than that of monarchy ; that might have been a prevalent argument to an irregulated people , who were ( de novo ) to constitute a government , not to those , who had before an antient form suited to the people , established by law , confirmed by oath , and engaged to by the severall declarations of them who are so sollicitous for the altering of it . surely if convenience or inconvenience only can break a promise , and disingage an oath , david was much mistaken in the th psalm , and others may be easily cheated , who expect ready performance of , not needlesse disputing about oaths , in wh●… 〈◊〉 stand bound to them . what is there said concerning declarations [ that the lords and commons were of that minde when they made them ] may serve their turns for the present , but would equally serve others turns for the future ; for by the same reason , when those that penned and published that declaration , shall borrow money of men , and declare to pay them , imploy souldiers with an engagement to satisfie them , people may suspect that their mindes may alter , and then ( by this rule ) their former declarations will be of no strength . what is further spoken in the preface for a lawfull obedience to an unlawfull change of government , will be touched on in the further prosecution of this discourse . it is said [ the apostle commands obedience to higher powers , rom. . and thence it is inferred , that he speaks not in that place meerly of power or authority abstracted from persons , but of persons cloathed with that authority . ] the apostle speaks there directly of authority , of men only in subordination to that authority ; no further than as the executioners of that power , because it is impossible authority should be exercised , but where men are to manage it . the apostle in that place requires submission to legall authority , by whomsoever executed , not to any men commanding by an illegall power . higher powers are there expressed indefinitely , not pointing at any particular government : in a monarchy , an aristocracy , a democracy , the people under the severall constitutions may , yea must , by the apostles command obey the higher powers , those who by their legall constitution are in authority , not in power , over them : there is a law of nature , that will make man obey a power if h●… cannot ●…sist , but the injunction of the apostle ( there ) is only to lawfull author●… ▪ 〈◊〉 the authour of that book knows , that those only can be the higher powers , or legall authority of any kingdom , which the constitution of that kingdom makes such , and that only can exact obedience according to the scripture rule . now what the higher powers of england are , by the constitution of this kingdom , is sufficiently known . the apostle commands wives to submit to their husbands , ephes. . . surely the injunction is for obedience to husbands , quà husbands , not quà men , indeed not abstracted from their persons , because it is impossible the authority of an husband should be submitted to , where a man is not to exercise it : but should a stranger come to anothers wife , and call himself husband ( having before either imprisoned or slain the rightfull husband ) and require submission , i scarce think the authour himself ( especially if he be married ) would presse for obedience to such an usurped power : such a woman may be forced , and overpowr'd , but to submit to him as an husband , were a sinne . what is there urged as the great argument to prove the lawfullnesse of obedience to the present government , hath been my main deswasive ( viz. ) the apostles command to obey higher powers for conscience sake : had i been convinced that the king in his person had been the higher powers of england , and that his personall command ●…ad by the apostles rule exacted undeniable obedience , although he had been visibly ●…ing what we suspected , and palpably introducing what we feared , i should have submitted for conscience sake . the great inducement i had to adhere to the parliament , was ( besides the hopes of better reformation ) that thorow conviction that lay upon me , both by mine own reason , and parliamentary practices , that the two houses of parliament , in case of the kings absence , weaknesse or refusall , had in them such a part of the higher powers , and supream authority , as to defend , and preserve the people without , yea against the king , doing , commanding or exacting any thing besides or against the law . and this is that main block , at which i stumble in yeelding obedience to this new power , because i am yet convinced , that they are not the higher powers of our kingdom , to which the apostle requires obedience . i acknowledge a government may be altered ( although i think it not safe , but upon urgent and evident necessity ) to which being altered obedience is required , but it must be done by the higher powers still , whom we ought equally to obey in submitting to an altered , as a continued form ; but for any party by force to lay low the higher powers , and to exact obedience as to the legall authority , is to me a sinne . i am not ignorant what pleas there may be from inconvenience in such a doctrine , but according to the light i have , where lawfull or unlawfull are in question , their convenience and inconvenience must keep silence . it is to be observed what is spoken by the apostle in the same place , the powers that are , are ordained by god : to which in the second page of the book is a little addition , viz. rulers and those that were in authority were ordained of god : the scripture enjoins obedience to powers , to men only as intitled to those powers : the authority was ordained by god , not the rulers , they were constituted by men , the power may be gods ordinance , when the deputing of persons to the exercise of that power may be ( at most ) but gods permission : nay , that men in authority ( rulers in the apostles expression ) are to be obeyed no further then as acting according to that authority , is the judgement of one much used by the composer of that book . when a tyrant shall offer violence to his private subjects . which they can by no other means avoid , they may defend themselves and theirs against that tyrant as against a thief ; when are men properly called tyrants , but when they either usurp or exercise a power contrary to the law and usage of those places where they rule ? when a consciencious obedience is required to the authority , but not to those , who by their own will , or procured force , either usurp or exercise a power besides that authority . should we grant that men assuming to themselves the place and power of magistrates , by what right or means soever they came by it , must be obeyed , surely it would be the greatest inlet to tyranny in the world , and the speediest means of destroying states that could be invented : for then should none govern in any kingdome any longer , then their swords and their strength could bear them up . thus much i shall yeeld , that when any shall usurp authority , by whatsoever title or force he procures it , such may be obeyed in reference to their power , while they command lawfull things , but not in reference to authority : a man being overpower'd may yeeld for his own safety , but to submit to that usurp'd power , as to the legall authority of that kingdome where it is , is to assert that as lawfull , which is but usurp'd , and in the scripture language to make a lie . from this i shall take a just occasion to speak to those instances there urged , from obedience to whom , the argument is drawn to prove the lawfullnesse of our submission now . concerning claudius caesar and nero which are mentioned , pag. , . how they came in by force , yet were obeyed by the people , i shall not trouble my self nor the reader with any taedious search into , or large recitall of the story , but take it as there laid down , and give a brief answer to it . but before i fall upon a plain answer to what is there fallaciously urged , and shew the insufficiency thereof to prove that for which it is asserted : i conceive there will appear such a disproportion between the quoted instances and our present case , that should we grant all the premises , yet the conclusion would not directly follow to prove the question . the most that can be asserted from those examples is , that people did obey a supream power as exercised by those who had no true ( at least but a dubitable ) title , when the same form of government was still continued , for so it had been for many years before , during the reign of a emperours , yea , such a government which was the pristine constitution of that place , it being monarchicall for above b ●… . years , till tarquinius , about the businesse of his son with lucretia , was rejected . whether party had or pretended most right , and the best ends in their changing of the goverment , either i. brutus from , or iulius caesar to monarchy , i shall not dis●…ute : nor shall i decide , whether god might not justly give them to see the evill of a change , who ( it may be ) chiefly out of a desire of change , would wholly alter a constituted form . but this is not our case : the insubmission of people now , is not grounded upon a suggested sc●…uple of a dubious title to the same , but upon an apprehended illegality of the new and needlesse establishment of another government : it is one thing , and as in it self more lawfull , so to people lesss scrup●…lous , upon a pretended title to usurp the exercise of an established authority : another , and as in it self less just , so to people more doubtfull upon pretended apprehensions to eradicate a lawfull authority , and illegally to lay low those which legally are the higher powers of a kingdome : in the one , people lesse able to ●…mine titles , submit to the established government of that kingdom where they are , and this is sufficient to yeeld obedience , that they know not who hath the right : in the other , they must give themseves up to a new-fashioned modell illegall to them , because not the constituted powers of that place , and this is enough to withold allegiance , that they know such have not ( nor pretend ) a title . now to the instances themselves , to see how farre they prove the lawfullnesse of our submission to a change of government , although the change be beleeved unlawfull . after the death of caius caligula , the consuls and senate of rome entred in●…o a consultatio●… , how they might restore the common-wealth to her ancint free●…m , i think this argument will take in all that is therein spoken : if the peo●…e of the roman empire did submit to the power of claudius and nero , who by force were put upon them , then the people of england may lawfully submit to a change of goverument , though beleeved unlawfull : but they did submit , therefore these may , i will finde no fault with the syllogisme , because it is of mine own making , although it be the very summe of what is urged : what aequivocall terms there are whereby a spirituall eye would quickly see four terms ( at least ) in it . i shall discover in mine answer to the severall propositions . in the first proposition , it being hypotheticall , i shall deny the consequence : for . a people may possibly do what is not in it self lawfull either for themselves or others to do , a facto ad jus non valet argumentum , had the author proved their submission legall , it had been more urgent . indeed it is said at the end of that paragraph , we see rulers put by souldiers into that power which is said by the scripture to be ordained of god , and even to these rulers men must be subject for conscience sake . but the apostle doth not command obedience to these men , but to the powers , nay not to any men , but as commanding according to th●…se powers ( as was said before ) nor is it materiall who put men in , nor what men are put into powers , if they are the powers that are ordained of god : those that command according to that authority , must be obeyed : and whatsoever the souldiery of rome did , had the souldiery of england ( in this tacitely pleaded for ) observed that doctrine before , we had not been ( i think ) disputing this question now . but . what might be lawfull for the people in the roman empire , may not be lawfull for the people of this kingdome : i finde not in any history that ever they were sworn to a particular government as we have been : things in themselves indifferent are made necessary , when by an oath engaged to . but of that more afterward . to the minor proposition , i shall say . that those mentioned had ( at least seeming ) titles to the empire . indeed it is agreed by all historians i have met withall , that they were first encouraged by souldiers : but what iniquity is in that , if they might pretend a title ? the very end of power and strength is or should be to conserve and recover just right , we have alwaies acknowledged it lawfull and expedient by force of arms to acquire a rightfull possession illegally detained ; but i could wish that this story had been printed and read by the sword-men in this kingdome five moneths agoe , that they might but have thought whether it had been greater honour to be recorded as men , that should guard a king of a doubtfull title to the crown , or to be storied as men that should bring a king of an indubitable right to the scaffold . i will not here dispute by what title , or according to what law iulius caesar , not yet his successour octavius assumed the empire , but when that government and those governours were received , and acknowledged by the senate , it became lawfull to that people . although conquest be no true title , nor durable tenure any longer then strength can keep it , yet compact upon that conquest , gives a title to the conquerour , and engageth submission from the other party to those rules resolved on at , or given out according to that agreement . tiberius from whom indeed both claudius and nero had their government , did not only for a great part of his time , do all he did by the advise of the senate , but would ( at least seemingly ) be chosen by the senate , as not contented secretly t●… step into a government either by the earnest engagement of his mother , or by the fond adoption of augustus , but would have the c●…ll and election of the common-wealth too : now here surely was a lawfull title , if the consent of the people could make it lawfull , although ( it may be ) not in it's first acquisition , yet in it 's after establishment : and claudius deriving his title from him , why should not people obey it ? yea , me thinks the authour of that book intimates a title that claudius had , where he saith , pag. . claudius being frighted with the news of caligula's death , and fearing himself might be enquired for , upon suspicion withdrew : had not he been the heir apparent to the empire , what ground of fear , or what cause of withdrawing ? nay , if he had not been looked on as the rightfull successour , why should the souldier primo intuitu salute him by the name of emperour ? for nero he descended in a direct line on the mothers side , from livia augustus his wife , and although brittanicus was the naturall son of claudius , yet nero ( by agrippina's means ) was his adopted son for the empire , and brought to the senate , where it was consented unto , that he should have his togam virilem , and he called prince of youth : it being their usage , as far as i have observed in the story , that an adoptive title assented to by the senate , hath commonly been acknowledged , when a lineall succession hath been rejected : yea , the authour seems to grant a kinde of title to nero too , where it is said , pag. . that the sentence of the souldiers was followed by the consent of the senate : if the senate had any share in either constituting or declaring a king , nero's title was hereby established . but what is this to our case ? a rightfull or doubtfull heir was brought by souldiers to the senate , who among themselves were contriving to alter their government : this heir was received by the senate , and upon that submitted unto by the people : but doth the authour think that if the senate had declared and acknowledged , yea , promised to preserve the title of a rightfull prince , and the souldiers by the advice , counsell , or assistance of some party in this senate , should imprison or slay their prince , and take away the major part of the senate , only because against their actings , and this minor part relict should alter their government , yea , make themselves without the consent of the people their rulers , that then the people would or lawfully could have submitted to them as their legall and rightfull governours , nay , would not rather have resisted them , as not being those higher powers , whom they ought for conscience sake to obey ? indeed had the king for some reason hid himself ( as claudius ) or for other reasons absented himself , and the two houses of parliament legally elected , and freely sitting ( at such a time esteemed ) the higher powers , contrived a way for the altering the government , although i should not have proclaimed their wisdome , yea , should have bewailed their sin , in respect of the many ties and bonds of declarations and oaths upon them , i think i should have submitted to their power , yet i would not for my oath 's sake ( had i liked the thing ) have acted in it . in which i think i ●…eeld more then many anti-malignant men in england will do : yet how far from our case this is , what hath been spoken will testifie . but . had the instance been of iulius casar , who by meer force and violence , without the least pretence of title acquired the government , which had better suited our businesse , yet i should say , that what submission the people yeelded , and what commands he gave , were in relation to a power which he by force had gotten , and did exercise without any pretence to a legall constituted power , till received and acknowledged by the senate . i confesse should these rulers now in our kingdom command submission to them , as to a conquering party , and acknowledge they did by power exercise , what by force they had gotten , i should in that sense submit to them , because not able to defend my self against them : but they call themselves the legall authority , and higher powers of england , under which notion i cannot submit , because positively to obey what is thus commanded , what soever secret reservation i may have , i doe and must assert their power as lawfull , and their authority as the legall authority . by this i shall fitly descend to those instances of our nation , to which what hath been already spoken , will give ( me judice ) sufficient answer : for . what submission was given to the conquerour , was yeelded as to a forc'd power , untill by after-compact it was acknowledged and made legall . . what was practised by the successors mentioned ( besides the acknowledged force in their unrightfull acquisitions , and violent exercise of power ) it was only upon difference of title , which people may not be able to judge of , as the authour saies , pag. . but amongst us , here is an alteration of government , where a change only seems to be asserted , no title at all pretended . . what is spoken of hen. . may be enough to answer the argument drawn from him and the rest too . although the title might be unjust , and the power illegally gotten , yet when the title was acknowledged , at least , confirmed by parliament , and the laws whereby he ( or they ) should rule , were enacted in a parliament , that did engage the people to an unquestionable obedience , the constituted higher powers then commanding , to whom the apostle requires obedience : for although a parliament ( such i mean , which by the known law and continued usage of the kingdom as a parliament ) should acknowledge or do any thing civilly evill ( i mean in reference to the state ) it is lawfull and just in respect of the people , and engageth obedience , which i think will be a sufficient excuse for peoples yeelding obedience to their laws , not only because then enacted , but since confirmed by the higher powers of our nation : although in the mean time upon the same ground they rest ●…nsatisfied in the lawfullnesse of submission to the present power . i might adde , that what the whole body of a nation did , if illegall , doth not engage our practice : for we know papists ( and such they were all who submitted to the fore-mentioned rulers ) make no conscience of denying a rightfull title , nor yeelding to an illegall power , when they may but probably carry on their own design : but what is spoken already will satisfie , and i had rather give a rationall answer , then question the wisdome or honesty of ancestors , where it may be avoided . what is urged from the casuis●…s and paraeus ( although i am not bound jurare in verba , being of dr moulins his minde , rather to like one argument then ten authours ) i shall agree to in that sense , in which i conceive they delivered it , to submit to such power as forced , not to their authority as legall , unlesse it be 〈◊〉 an authority which by constitution and usage are the higher powers of our kingdom ▪ the authour after the example of others , proceeds now to give some reason o●… his own , which i shall also endeavour to examine , and so far as they carry streng●… and truth ( as least to me ) shall submit : where otherwise , i shall give mine on the contrary . indeed how can it be otherwise ? for when a person or persons have gotten supream power , and by the same excluded all other from authority , either that authority which is thus taken by power must be obeyed , or else all authority must fall to the ground . persons may indeed get themselves the greatest strength , and in that sense may be submitted to ▪ but they cannot illegally get themselves the legall power , nor can they exclude others from their authority , although by force they may keep them from the exercise of it , a man may be a man , yea a living man , although by the violence of disease , he may be kept from outward actings . an husband may be a husband still although imprisoned and thereby kept from the exercise of his duty to his wife . a parliament may be a parliament still , although by violence kept from sitting and executing their authority . i am so far from thinking that disobedience to such power will make all authority and government fall to the ground , that i beleeve submission to such will quickly lay all authority waste : for by the same reason that we obey this altered government and usurped authority now , we must obey any other suddenly , if another party get more strength , and what an unsetled state and unknown authority we should then have may easily be judged : nor do i think the authour himself would be of the same minde , should the prince with a potent army get the power into their hands . surely were this doctrine true , those renowned men shall be rased out of the calendar for saints , that opposed the kings power in ship-money : nor must such be sequestred who under the kings power formerly did lend or give whatsoever he required , whether men , money , horse or arms : nor these put out of the parliament , who obeyed him in sitting at oxon : nay , nor himself neither put to death for doing what was urged against him , if men in power howsoever they come by it are rulers ordained by god , and to be obeyed for conscience sake . if confusion be worse then titular tyranny , i wish that seeing we had no titular tyranny , we had had no confusion neither : and i should be glad that confusion may befall ( if any ) only such , who in this kingdome have been the greater introducers of it , either those who acquire and assert , or those who cannot receive or submit to an usurped government : for although the end must not be destroyed for the means , yet he that destroies the means in it's tendency to the end , will scarcely preserve the end at last . if a masters mate had thrown the master over-board , and by power would suffer no other to guide the ship but himself , if the mariners will not obey him commanding aright for the safe guiding of the ship , the ship must needs perish , and themselves with it . i doubt here is a fallacy , and this case will not concern our question , for i suppose , although i am not so well skilled in the discipline of marriners , as to know that a masters mate hath a kinde of title to the government of the ship in case of the masters miscarriage , which suits not our condition : but suppose him to have no title , or state the question somewhat nearer our case , that if a party of the sea-men should throw the master over-board , and assume to themselves the government of the ship : ●…●…hall then answer , that if that mate or this party having the greater strength , ●…hould by power enforce and exact obedience of the rest , these ought for the safety of their own lives , although not to obey the authority , yet to do the commands of the enforcing party , and if ever they come ashoar , to doe what they can to bring such unworthy persons to condigne punishment , who , besides the murder of the master , would so basely hazard the ship too ; but if that mate or party should command the sea-men to obey them as the rightfull master , i think ( although with submission to better judgements ) they ought not , although for the safety of their lives thus to obey them . it is better to lose a naturall life , then a quiet conscience , and a spirituall soul : the greatest advantage will not warrant the least evil . in such a case it would easily be judged both by god and men , to whose fault the losse of the ship should be imputed , either to them that did unjustly require , or those who dared not unwarrantably to do an unlawfull thing . i know not what the sodain fear of unavoidable death might make such men ( de facto ) do , and i can easily think what harsh censures their hazarding or losing their lives upon such refusall , may bear from rash and lesse considerate men , as an empty product of meer peevishnesse : but i am confident that a synod of religious and intelligent divines would conclude , that ( de jure ) they ought rather to adventure the losse of all , than call him a lawfull , who is but an usurped master , which they must by yeelding to his or their commands under that notion . whereas some speak of a time for settlement , they indeed do rather speak for a time of unsettlement , for they will have an unsettlement first and a settlement after . if i mistake not the desires of those who withhold submission to the present power , the authour of that book is mistaken in his apprehensions of them : that they desire a settlement ( i think ) is true , but that they desire an unsettlement first , is besides my thoughts of them ; i know it is the grief of their souls , and causeth sad searchings of heart , that ever they were brought into such unsettlements , and thereby put upon such racks of conscience as these are . it is not unsettlement but a deliverance from unsettlement they long for : i scarce see how we can be more unsetled then now we are : indeed being unsetled , we would use any means for a settlement , although for it's procurement our unsettlednesse were more unsetled ; if a man be at the rivers brink , i would advise him to keep out of the water , but if at once he leap into the middle of the river , i should perswade him to come to the bank , although he wade through much water to come thither : i would counsell a man to prevent distempers , but when the disease is already contracted , i should prescribe some physick for the safety of his life , although for the present it should more disease him . what is spoken of the former scriptures and casuists in the same page , i shall refer to what was before answered . but it is asked : whether that may not be called a settlement , how soon soever it is , when there is such a way setled , that men may have justice if they will , and may enjoy that main end of magistracy , to live a peaceable life in godlinesse and honesty ? to speak of what justice some have had at westminster , since the unsettlement of our times , or what to be expected , when colonels appear as parties with their arguments by their sides before committees , ( an argument too often used in the house too , as i beleeve the gentleman knows , ) where to engage a bustling daring colonell is to carry a cause : as also what peaceable lives men live , when the souldiers having put other men in power in the state , put themselves in command in mens houses : and what godlinesse and honesty may be looked for , when blasphemy must be tolerated , wickednesse must not be punished , when in the mean time godly men ( if but of a contrary judgement , a liberty of conscience formerly pleaded for ) are made offendors for a word , would be too large a field to walk in , and besides the swelling of this tract , but give too wide an occasion to further contests . but this shall suffice , that the gentleman a little begs the question in calling it justice , for although men may have , or might expect , what he cals justice , viz. things in themselves just , yet if he grant , as i have proved , that authority illegall by which they act , what they do or is done by any under that authority , although in it self just , yet is not properly justice : judgement ( for i conceive the authour means justitiam distributivam ) is then only just , when it is exercised by the higher powers , the legall magistracy of that kingdome where it is acted . the hebrews expresse justice by that word , which they likewise use for the usage and custome of that people , that are concerned in it . another argument the authour useth is , because people cannot judge of titles : when they cannot judge , then an usurped title is true to them , and will exact obedience : but if this be an argument , then ( for contrariorum eadem est ratio ) when titles are visibly unlawfull , people are disingaged from obedience . this is our case , where there is not any pretence of title . but some say , there are oaths that justifie disobedience to the present government : there are indeed severall oaths that engage us to the continned observance of our formerly established government , and then how far they justifie disobedience to this , let the authour judge . that oaths are sacred bonds and reverend obligements , and where they do not themselves leave or make us free , we are not to cut or break them in peeces : i shall equally assert , and could heartily wish it had been as truly practised in the kingdome as plainly spoken in the book : but seeing there are indeed ( as the authour affirms ) concerning these , faults on both hands , let us a little examine the faults he mentions , and see whether there are not other faults too , that he speaks not of . on the one side the slieghting of an oath , &c. this is a fault indeed : oaths and covenants are the strongest engagements ▪ whereby we can binde our selves either to god or man , if these come once to be sleighted and no longer observed , then they may conduce to the palpable advantage of those that made them , i am afraid that may justly be written upon the door-posts of england , what was set in the front of davids song , psa. . , . i am loth to misjudge any person , whom i finde so modest , else i should fear that this fault was purposely argued , the more secretly to insinuate another , though not under the name of a fault : it is said , we finde some part of the covenant to speak of ●…ll th●… daies of our lives : as if some part had been but of a temporary engagement : but if i mistake not , the covenant did in every part of it oblige us to a continued observance of it : we did not swear constantly to keep this part , or that clause , but all our lives to keep this covenant , which is known to comprehend every part of it . true it is , that the obligation of some things end , because they can no longer be kept , as that of the kings person &c. i grant that the obligation of a people to any thing ends , when that thing obliged to , necessarily , and in its own nature ends ; but if men shall by violence put an end to the thing , that thereby the obligation may end too , i doubt such will be esteemed by god as covenant-breakers ; i do not think , that he breaks his covenant , that doth not preserve the kings person , when he is dead ▪ but i think he is guilty , that did not endeavour to preserve it while he was living ; had the covenant , in that part , been observed then , for all that i know , it might have obliged now . a woman promiseth to be faithfull to her husband so long as he lives , but if she , out of love to another man , shall lay violent hands on her husband to end his life , that thereby she might marry another , i beleeve she would scarcely be thought to have performed her promise . a tenant bargains with his land-lord to pay him rent for his house , so long as he lives in it : but if he through malice shall pull down the house , that he cannot live in it , and thereby to extinguish his bargain , it may be easily thought what determination the law would make in such a case . what is spoken here of the kings person , might as well have been spoken of any other part of the covenant : it is covenanted to preserve religion , but if those that made the covenant should by force extirpate , or by deceit undermine religion : would the authour think himself or others disingaged from that part of the covenant , or rather look upon himself as bound to preserve it , while it hath a being ? if this liberty should be given , no man would keep any oath any longer , than he saw good , if it were in his power to put an end to that thing to which he is obliged . but let 's see what faults are found on the other hand . but on the other side there are other faults : such are the urging of an oath or covenant against enemies , and not against friends in one and the same action . in this i am wholly of his judgement , and could wish that he had instanced in some things , whereby i might have guessed what aim he had taken , and against what he had levelled it . as i would not have any unequally excused , who are equally guilty , so i would not have him free from blame , who imputes guilt to one , when another shall be connived at , or incouraged in the same thing . in that clause of bringing delinquents to condigne punishment : if the covenant engage to bring one to punishment , that raised arms against the parliament in kent and essex , why not another that raised arms against the parliament in oxon shiere and berks shiere ? if according to our covenant we should preserve the priviledges of parliament against a malignant party , that would have taken away but five members ; why not against an haereticall party that took away above two hundred ? if one party be charged as guilty in not obeying orders of , but offering violence to the parliament ; why should another be excused as faultlesse , whose disobedience was more manifest , and whose violence was more palpable ? or if not altogether so , yet ( as the authour ) a slight and diminishing charge of it upon one , and a vehement and aggravating charge of it upon the other . another fault may be , a stiffe insisting on one part , and a neglect or at least silence in another part . this is not alwaies a fault , for when there is no occasion given to speak , silence is no evil ; one part may be in more danger to be broken than another , when a more violent asserting , and stiffe contending for that part is more necessary . if i had two children , the one at home in safety , the other in imminent danger , that i were more earnest and industrious for the saving and preserving of this , doth not at all argue lesse love or care to the other . but to take it in the best sense , to pretend much care in the keeping of one part , and in the mean time , to neglect another , i think a fault . as when men are seemingly violent against popery and prelacy , yet very indulgent to heresie and profanesse . when men shall plead covenant in the preservation of subjects liberties , yet forget their oath for the safety of the kings person in the preservation of religion ; which in respect of the covenant are of equall concernment ; for although it be pleaded by fome , and granted by all that religion , yea asserted by others , that the subjects liberties are of greater concernment than the kings person , it must be ratione mat●…riae , not ratione juram●…nti , for in that regard , we are equally obliged to one as the other . as also when by event two parts of it came to be inconsistent , to choose and inforce the keeping of the higher and lesse necessary part , and to give way to the losse and not keeping of the greater . here is to me a falsum suppositum ; i think it a sinne in any to ●…njoin , and wickednesse in any to take a covenant for the doing of two things that are or may be inconsistent ; nor do i know what parts of our covenant are such ; when the authour makes such appear , i shall bewail my sinne in taking it . if it be by him meant , what is talke●… by others , ( viz. ) that the safety of the kings person , and the preservation of religion are inconsistent , i must declare my dissent in this ; for i am yet convinced , that both the truth and honour of religion might have better been preserved by the safety of his person , and the continuance of our government , than hitherto it hath been , or for all i see , like to be , by the altering of the one , or taking away of the other . there is another , in racking an oath or covenant , to make it speak that which it meant not . i will adde , there is another fault to stop the mouth of a covenant , and denying it to speak what it would . nay , there is yet one more , when men shall put what interpretation upon covenants they please , or reserve to themselves a power to make any other interpretation upon them , than what the common and naturall sense of the words in which they are taken doe afford . oathes ought to be their own interpreters ; we may deceive men , but god is not mocked . but to come to what i conceive is the main end of what hath been hitherto asserted about oathes ▪ to consider whether there be any clause in any oath or covenant , which in a fair and common sense forbids obedience to the commands of the present government and authority . there is in the solemne league and covenant , that which engageth to another government , and then what forbids obedience to this ? in one clause we solemnly covenant to preserve the person , and not to diminish the just rights of the king ; had his person and just rights been preserved , his government could never have been attempted ; but seeing that cord is broken ( unhappy blow that strook it ●…sunder ! ) is there yet no bond will hold us ? yes ; we do in the same clause faithfully promise to preserve the law of the kingdom , and surely to change the government is to alter the fundamentall laws of the kingdom ; if we are bound to preserve our law , then that government that is established by law ; nay yet further , in the same place , we doe swear , yea and call the world to witnesse it , that we will not diminish the just rights and greatnesse of the king : is not a mans right as much concerned in his heirs inheriting , as in his own enjoying what legally belong'd to him ? is it not a mans undoubted right to have his lawfull heirs succeed him in his lawfull enjoyments ? but now by this government the kings heirs are wholly divested of any possession , and absolutely debarred of that right , which by the usage of the kingdom belongs to them . much lesse when no other can be had ( as the authour ) i do not yet see impossibility in having another , truly i think , if the covenant had been strictly observed , we had never had this , and if it were yet carefully performed , we might quietly have another government , such under which godly people might live with more comfort , and lesse scruple . if it be said that in the oath of allegiance , allegiance is sworn to the king , his heirs and successors . if his heirs be not his successours , how doth that oath binde ? either the word successours must be superstuous , or else it must binde successours as well as heirs , &c. if i should grant that the word successours were superfluous , it would not be the only superfluous word in things of that nature ; or that it is an exegeticall expression which is not unusuall in all writings both divine and profane , the more fully to expresse the same thing by two words : his heirs and successours are conjunctive , which must necessarily imply , that his heirs according to the usage of this kingdom ought to be his successours : so that it can binde to no successours besides the heir : indeed should the line extinguish , then the legall successour were to be obeyed by that oath , and yet that too in the continuance of the government , for he is not properly a successour , unlesse in the same form of government ; for without asking lawyers and learned men , he is properly a successor , that succeeds any man in the place where he was . if the agitators in the army should depose the generall , and order the army according to their wills , would they be justly called his successours , when the frame of their discipline were altered ? this seems partly to be acknowledged by the authour in the same page , where he instanceth only in those for successours , which su●…ceeded in the same government , and saith that the word successour is taken for him that actually succeeds in government , i conceive it must be meant , when the same form still is continued , else what he asserts , and the instances he names , would hold no proportion . but there is one engagement to the former government yet lies upon us in reference to our oaths , which is mentioned either in that ( before named ) or in the oath of supremacy , that no power on earth shall deter or absolve us from the keeping of it , if so , i would but humbly begge the authour conscienciously to judge , whether the force or fear of any party , were they stronger than they are , should affright a people into a submission to any other government , then that to which they have thus sworn . i may take the same liberty to propose a few short , yet considerable quaete●… ▪ while the son is in the same posture in which the father was , how comes this oath at thi●… time to stand up , and pl●…ad for disobedience in regard of the son , that was asleep and silent in regard of the father ? i do not know in what one title this oath is more urged for the son , then it might have been , and was for the father ; unlesse that now there is more need of pressing it , because in the sons daies the government is altered ; in the fathers , it was ( at least ) promised to be continued . those , who were against the irregular actings , the court-faults , the wicked counsels of the father , were for the safety of his person , the preservation of his rights , and the continuance of his government : and now the same persons that are for the rights of the son , and the continuance of the government , are as much against the vices and counsels in and about him , as about the father . besides it might be said , that the father was not opposed , untill there was a parliament , that being the legall means in our kingdom of resisting arbitrary and extra-legall power ; the king in the intervalls of parliaments being the chief officer , not to be resisted by private subjects : and certainly i think , were there now a parliament sitting according to the constitution of england , and the received to the crown , should act any thing against the known law , and ●…he kingdoms safety , those who are now for the reception of the son , and for the performance of their oaths , would as truly and conscienciously ( according to their covenant ) join with them against the exorbitancies of the son , as they did against the evil of the father : only i beleeve they would expect some security , that his person and rights ( parts of the covenant ) should be better preserved and lesse diminished then his fathers were . besides what hath been spoken to the book , i might adde also one small quaer●… about altering the government : whether in such an alteration there is not necessarily required , either the generall consent of the major part of the people , or at least the major part of their trustees ? if so , what right have these men to do , who now act in it , some of them being the trustees of no people , having no election , others who were legally chosen denied their liberty ? may not any number of people ( there being no known law nor constituted rule for this transaction ) by the like reason conceive , and ( if they have strengt●… ) alter it again to morrow ? but if they will ( which is but equall ) give them liberty of di●…enting from their government , whom they deny the liberty of delating or consenting to it , i shall be free . whether there be any scripture example or prudentiall rule unnecessarily to oppress●… , and , where it may be avoided , to rack the tender consciences of unquestionably godly men , not only when they are the major part , and most judicious christians ( both of ministers and people ) and most likely to know the truth , but when they are the least strong , and most discountenanced , and therefore unlikely to be byassed by any private interests ? indeed those who side with the strongest party , lye under grounded suspition of having particular ends , who can turn any way , to any party , where they may get the best places , the greatest preferments , and the largest rewards : such many have received , and i beleeve more expect ; for it is observable , that for the most part , your only parliament convert●… before ▪ are ●…our greatest parliament assertors now : but how a poor people despised and opposed by power , who can expect the conferment of nothing but punishment , should design an interest in standing to their principles , when they know ( some of them at least being very able and prevalent ) they might upon their least turning have as large a share in the rewards of the kingdom as those who now enjoy the greatest , is to me irrationall and improbable . the apostle paul would avoid a lawfull thing rather then offend the scrupling consciences of weak brethren : what then is their fault , who do unlawfull things , and thereto engage the dijudicating consciences of weak christians ? whether both in humane probability , and religious reason , it were not more likely to conduce to gods glory , to religions settlement and honour , to christians union and satisfaction , to the kingdoms peace , to the prevention of danger , and the safety of all ( who have not wickedly out-acted all hopes of safety , and are conscious to themselves that their bucket must sink , whensoever authorities bucket shall arise ) to endeavour ere it be too late , to join authority and power , title and strength together ; that as power may arm authority , and render it formidable , so authority might justifie power , and make that lawfull ? least when the title shall be claimed , those who may dislike the vices , and oppose any tyranny ( were they legally authorized ) of the claimer , yet should not for conscience sake deny his right ; and those who could like well the pretensions of our new governours ( were they justifiably managed ) should not adventure for religions sake to assist their usurpation : whereby , as by our unwise actions , we have too much justified malignants actions , and made them our deriders : we may strengthen their hands , and make them our masters . i am confident that if the great managers of our new-work , and the violent assertors of this changed government would but seriously lay these things to heart , it might make them seasonably retract , what they untimely attempted , and rather finde out waies to settle , then further unsettle the kingdom , rather to satisfie then disturb the peaceable consciences of religious and unbyassed men ( the lord prevail upon their spirits . ) thus have i endeavoured to answer that with a meek , which was written with a peaceable spirit , where i shall professe ( if i mistake not my self ) to side rather with truth then with any party . what i have hastily spoken i shall submit to the deliberate judgements of more intelligent men : i shall be willing to receive a rebuke wherein i have erred , and ready to yeeld wherein i may receive satisfaction : i hope i have not discovered any turbulency of spirit , but a willingnesse to examine truth : as i would keep my conscience from being wounded by doubtfull pressures , so i would keep my tongue and pen from wounding others by imbittered expressions : i would not willingly give offence , i hope none will be taken . if it be lawfull for one man to propose , it must be lawfull for other to answer arguments , in reference to satisfaction . i●… would be too great a burthen to true english spirits , to see one man permitted to stand with a drawn weapon daring all that passe by , and he only faulty that takes up the weapons ●…o answer him : either prevent such darings , or else excuse the provoked . 〈◊〉 will be my comfort to give , it will be my advantage to receive satisfaction ▪ howsoever , i shall commit my self , the safety of our kingdom , the establishment of such ●… government that is most conducible to gods honour , to that god , who is able to answer scruples , to preserve a people , and to command settlement according to his own wil●… and way . romanes . . and not rather as we be s●…anderously reported , and as some affirm , that we say , let us do evill that good may come : whose damnation is just . romanes . . whatsoever is not of faith is sinne . notes, typically marginal, from the original text notes for div a e- pag. . pag. ●… ▪ of the declaration . pag. , . it is not {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} but {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . eph. . 〈◊〉 . rom. . . pag. . dis●…ernendum est inter potestatē quae semper est a deo , 〈◊〉 inter acqui●…onem & us●…pationem . paraeus in ro. . hos. . subditis merè privatis , s●… tyrannus t●…nquā latro in ipsos faciat impetum , & ipsi nec potestatem ordinariam implorare , nec ali●… ratione eff●… re pe●… possi●…t senti per & s●…os tyrann●… contra pr g ssa●…or fendere paraeus rev. ●… . . pag. , . a iulius caesar . augustus . tibertus caius caligula . b principio reges ibi sep●… impera●…unt , a●…nis ducentis quadraginta quatuor . sl●…dan . de . monarch . pag. . t tiberius augu●…ti oct a viij prirignus & gen●…r , & filius adoptivus admodum invitus , ut prae se serebat , & vix tandem exoratus a supplice sena●…u principatum accepit . sle●…dan . de . monarch . tiberius maximos dolores & gemitus simula vit principa●… tanquam onerosam servitutem recusans . pezel . mel. histor. par . ●… . pezel , mel. hist. part . ●… ▪ tacitus annal. lib. 〈◊〉 . pag. . pag. , . pag. . pag. . pag. ●… . pag. . pag. ●… . pag. , . pag. . pag. . pag. . pag. . pag. , . ut judicium ●…it actus justitiae , requiritur ut procedat ex authoritate praesidentis : quando ●…omo judicet de his de quibus non ●…abet authoritatē dicitur judiciū usurpatum . aquin. . q. cap. . {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} exod . ▪ & josh. . 〈◊〉 . pag. . pag ▪ . pag. . i pag. . pag. . pag. . pag. . pag. . pag. . pag. . pag. . pag. . xii. resolves concerning the disposall of the person of the king in a sharpe reproofe to a rejoynder to three pamphlets, published in defence of mr. chaloners speech (called, a speech without doores, and said to be defended without reason) under pretence of the vindication of the parliaments honour. with a declaration of the generall assembly of scotland, concerning the danger of capitulation with those who have raised warr against the parliament, and against receiving protections from, and complying with the cavaliers. chaloner, thomas, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing c thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) xii. resolves concerning the disposall of the person of the king in a sharpe reproofe to a rejoynder to three pamphlets, published in defence of mr. chaloners speech (called, a speech without doores, and said to be defended without reason) under pretence of the vindication of the parliaments honour. with a declaration of the generall assembly of scotland, concerning the danger of capitulation with those who have raised warr against the parliament, and against receiving protections from, and complying with the cavaliers. chaloner, thomas, - . scotland. parliament. [ ] p. printed by iane coe, london : . attributed to thomas chaloner by wing. a reply to: birkenhead, sir john. the speech without doores defended without reason (wing b ). signatures: a⁴. reproduction of the original in the british library. eng birkenhead, john, -- sir, - . -- speech without doores defended without reason. charles -- i, -- king of england, - -- early works to . england and wales. -- parliament -- early works to . royalists -- england -- th century -- early works to . great britain -- history -- civil war, - -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason e _ ). civilwar no xii. resolves concerning the disposall of the person of the king: in a sharpe reproofe to a rejoynder to three pamphlets, published in defe chaloner, thomas d the rate of defects per , words puts this text in the d category of texts with between and defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - pip willcox sampled and proofread - pip willcox text and markup reviewed and edited - pfs batch review (qc) and xml conversion xii . resolves concerning the disposall of the person of the king in a sharpe reproofe to a rejoynder to three pamphlets , published in defence of mr. chaloners speech ( called , a speech without doores , and said to be defended without reason ) under pretence of the vindication of the parliaments honour . with a declaration of the generall assembly of scotland , concerning the danger of capitulation with those who have raised warr against the parliament , and against receiving protections from , and complying with the cavaliers . prov. . . {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} tim. . . alexander the coppersmith hath done me much evill : the lord reward him according to his workes . {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . polyb hist. lib. . london printed by iane coe . xii . resolves concerning the disposall of the person of the king . as it may be said to the parliament of england , as king iehosaphat said to his senatours take heed what ye do , for ye iudge not for man but for the lord . cro. . . so for any ambitious spirit by evill language to traduce , or by lihills , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , to asperse any member thereof , he that doth so , gives a very insufficient accompt of any faithfulnesse to that parliament whereof the other is a member , ( especially in any thing said or done before the whole house , and by them approved , ) and ( what ever is professed ) in times of tryall , such will prove like nyssers apes , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . greg. nyss , de professi . christian ) for a little honour or profit to himselfe . now for this rejoynder , ( who professeth himselfe to be the same who writ the animadversions on mr. chaloners speech ) though he would have it granted that he gave a good accompt of himselfe b●fore , yet by examination it appeared to be quite contrary , and this second ( being audi●ed ) is yet worse , as i shall make it appeare to those who will view the sume and substance thereof : in which i am resolved on much brevity . . he saith that the scripture prefixed in the title of his animadversions . for the transgression of a land , many are the princes thereof . pro. . . was intended against change of government ( driven at in the speech ) by the king , a●d both houses of parliament . . answer ) this is a most false aspertion , mr. chaloners words were these , first , settle the honour , safety , and freedome of the common wealth , and then the honour , safety , and freedome of the king , so farre as the latter may stand with the former , and not otherwise , which is according to the law of the . tables , salus populi , suprema l●x . the learned scotchman himselfe delivered his opinion . yeares since ; that there is no imaginable comparison betwix : one man with all his accidents of prerogative and absolutenesse , and three nationall churches , and kingdomes : b●tter a king weepe for a childish trifle of a prerogative , than popery be erected ; and three kingdomes be destroyed . lex . rex . quest . . . the rejoynder saith , that it is dangerous to have many voyd places in parliament , and so a frequent succession of many new members , or to have the chiefe officers civill and millitary put in many new hands , if the persons intrusted be not extraordinary well qualified . . answer , this is pleaded directly in the behalfe of those delinquents that have deserted their trust ; for none else are outed the parliament , ( except those that dyed ) and in their places new ones are chosen . and for officers , the parliament choose none ( neither civill or millitary ) but such as they conceive are well qualified ; are such aspersions as these for vindication of the parliaments honour ? . he saith that there is nothing in the covenant , that obligeth him to mentaine the law of the land , as well as the person of the king . . answer . i conceive that the rejoynder hath not taken the covenant , but let those that have taken the covenant , reade it ; & see what they have sworne . the king cannot but be subject to the coactive power of fundamentall lawes : this is a fundamentall law , that the free estates lay upon the king , that all the power that they give to the king , as king , is for the good and safety of the people ; and so what he doth to the hurt of his subjects he doth it not as king , qui habet potestatem constituendi , etiam & jus adimendi , l. nemo . l. . de reg jure . is this paper then of his , to maintaine the lawes of the land ? . some things the rejoynder refusing to dispute , i shall wave , and come to the next thing he layes hold on , where i finde him traducing the parliament , as if any man may as well tell any notorious , lie , if he do it to assert the votes of parliament ; as mr. chaloner ; or any other member may deliver their opinions ( upon the votes ) in the house . ( and is this for the honour of the parliament ? . he saith that the speech without doores ( as he calles mr. chaloners ) houlds forth that the kingdoms are contending , who shall not have the kings person . and that this inferreth by consequence that the parliament either did not wisely , or not uprightly i● voting that the person of the king is to be disposed of as both hou●es shall think fit . . answer , when the parliament heard that the king was come to the scots army in england ; they voted their disposall of him , to prevent that harme which might befall his maj. in the army . but afterwards this personall being of the king with the scots begets a nationall dispute of his disposall betweene the kingdomes . the scots claiming a right of coacting with the parliament therein ; yet declaring their opinions that his going into scotland is not the safest ; mr. chaloner ( in his speech ) puts the house in minde of so much of their resolution , as conceiving it usefull to take notice of ; that seeing they approve best of his being in england ; who shall take care for the good of the kingdome , and the safety of his person therein , but the parliament of england , in whom the power is of treating and concluding for the good and safty of the kingdome , though the king be with their army in england , and propound otherwise ; when maccolumbut the . king of scotland , would have admitted a treaty to the hurt of that kingdome , the estates of scotland said , non jus esse regi , nisi omnibus ordinibus consentientibus . and robert the . in a parliament held at scoone , was told by the estates of scotland , when he would have made a treaty , that he could not judices facere nisi ex sententia conventus publici . . the rejoynder recanteth for reporting somwhat spoken by mr. chaloner , in the house , but not printed : confessing it was onely a simple narration . and was not this bravely done of him to asperse the parliament , and traduce their proceedings ? . he will not be convinced how it can be , that a king of one kingdome can be a subject in another , except he cease being a king . . answer , the king of denmarke , ( being in league with england , ) comes into england , his office , scepter , sword , and all his whole power remaines still in denmarke , though his person be here , he is king of denmarke , but a subject of england ; but this poynt hath been sufficiently cleared already to those that are reasonable men . and for the power of the king in abstracte , and the man in concreto , lex , rex ; is large upon it , in his . question . . the next thing the rejoynder falles upon , is about commissioners of parliament sent to another state ; who he saith are exempt from the lawes , and iurisdiction of that state where they are commissioners , and all his reason is , that he will acknowledge them neither princes , nor private men . . answer . all the world may see , that this is meere sophistrie , and that he useth these querkes , and insinuations to traduce the people . have commissioners no rule to be ordered by in another state ? then they are princes absolute : have they a rule ? then they are not exempt from that rule . is not this a wise statesman to write in vindication of the parliament ? . he still denyes that prince charles is at the sole dispose of the state of france , and affirmeth that it is like treason to say that the parliament cannot by their lawfull authority recall him . . answer , the rejoynder might tell us how , and by what law , the parliament can controule the state of france in demanding the prince . the parliament is very sensible of the ill consequence of his being there , and would fain have him in england again . and shall this gentleman accuse the parliament that they have a power to recall him and do not , ( and yet pretend to write in the vindication of the honour of the parliament , ) i appeale to all lawyers and statesmen to judge , if this be not false and scandalous . as for the instances of that king in england , as also of embassadors , ( because he waves it , as being somthing convinced ; ) i shall not reply to those things . for that of livius , concerning the embassadors of king tarquinus , and so of actions of states de facto , no wise man will stumble at it , that hath his eyes fixed on what is de jure : for so the case is argued . . from mr. chalenors words of the lawyers in england , concerning king john , if they should have yeelded to the french , they knew well enough what would become of the king of england . the rejoynder argues , that in like manner if the parliament of england should justly dispose of our king , they should in so doing dispose of the king of scotland . ans. had king john been personally in normandy , the king of france would not ( probably ) have sent into england about it . but hee was freed from that power by his personall being in england . the person of the king of england is in england . is this for the honour of the parliament , to give them no more relation to their kings person in england , then a king of france hath ? . he moves for some overtures ; as the king to come to london , the scots to goe home , and the parliaments army to bee disbanded , or sent into ireland . . answer . the parliament out of their great desire to have the king to come and remain with them , sent to his majesty propositions from both kingdomes , and agreed for their pay and marching home . but for the disbanding of the parliaments army , that must be left to the wisdome of the parliament . for so the law , say wise men and the law . argu. l. aliud . sect. . de jur. reg. l . mortuo de fidei . l. . . ad mum . l. . . . sigonius de rep. judaeorum , l. . c. . cornelius bertramo , c. . junius brutus , vindic. contra tyran , sect. . author libelli de iure magistrat . in subd . q. . althus politic. c. . calvin . instit. l. . c. . paraeus comment . in rom. peter martyr , in lib. iudic , c. . ioan. marianus de reg. l. . c. . hottoman de iure antiq. regni gallici . l. c. . buchanan de iure regni apud scotos . rex . lex . quaest. . . and for that argument which he would have disputed , whether the scots are bound to maintain the kings person if the parlement should wrong his person , i conceive it needlesse to argue it , there being no feare of any such danger . . answer . but do such positions tend to the vindication of the parliment ; if this rejoynder be not an incendiary , i know none . yet give me leave in this to vindicate our brethren , who have declared as followeth . declared by the generall assembly of scotland capitulations , and protections , howsoever accoun●ed of by those who walk after the wisdom of the flesh , are destructive to our covenant , almost in all the heads , and articles thereof : they tend unto the corrupting of religion in this land , and obstructing the worke of reformation in england , unto the countenancing , and strengthening of the popish and prelaticall party , unto the subversion of the due rights and priviledges of the parliaments , and diminishing of his majesties just greatnesse , and authority , unto the withdrawing of incendiaries , and malignants from condigne punishment , unto the overthrow of the union betwixt the kingdomes , unto the deserting of our brethren , folloing of divisive motions , and denying to hazard or susser the losse either of lives , or estates in the defence of the cause , and them that adhere there unto . we see not any strength of reason in that seeming necessity , unto which many pretend themselves to have been redacted : if men could not have retired from the fury and violence of the enemy , or had not some probable way of resistance and defence against the same , they should have taken it as an evidence of the will of god , calling them to suffer , and give a testimony unto his truth . our covenant doth no lesse oblige us to suffering , then to doing ; and it is the ignorance or ineff●ctual consideration of our duty that makes us thus to wipe our mouths , as if we had done nothing worthy of rebuke : n●ither yet doth it excuse , that some were not active to obtain pro●ections , the receving of them was to prostitute the chastity of that affection which we owe unto the cause of god , and could be no better then a bribe that blinds the eyes of the wife , and hinders from doing judgment unto the afflicted . the deep apprehension of their souls danger , moves us seriously , and in the bowels of jesus christ , to intreat all temporizers , and back-sliders to remember whence they are fallen , and to repent : let it not be a light thing unto such , that they have despised the oath of god , undervalued the pretious truth of the gospel , and drawn upon themselves the guilt of their brethrens blood , by forsaking them in their just defence . if the due sense of their sin shall bring them to lament after the lord , they may hope to finde him gracious , and mercifull , to forgive their iniquity , and heal their back-slidings : but if they shall harden themselves , and continue in their provocation ; they have cause of fear , that the lord of hosts shall avenge the quarrell of his covenant upon them who have sworn falsely by his name . yet is it not that those alone have cause to mourn ; all the land have done foolishly , and provoked the holy one of israel unto wrath : the lord hath been glori●us in the midst of us ; but who hath regarded his work or considered the opera●ion of his hands ? though he hath been liberall in the offer of his love , yet few have beleeved the gospel , and studied to walk worthy of the same : jesus christ hath neither been known nor honoured ; who hath valued him in the excellency of his person , or employed him in the vertue of his offices ? holy duties have been neglected , piety , and godlinesse reproached : is there not cause to lament for the atheisme , ignorance of god , blaspheming of his name , swearing by them that are no gods , intemperancy , uncleannesse , deceit and oppression that prevailes too too apparently amongst many ? and should not our eyes run down with tears , because of jealousies , self-seeking , and obstructing of justice amongst our judges ? because of rioting , and excesse , spoiling and oppressing amongst our souldiers ? because of negligence , and prophanity amongst ministers ? because of murmurings , and grudgings , deep security , carnall confidence , neutrality , and luke warmnesse almost amongst all ? the covenant which hath been attended by a stately worke of more then ordinary providence , and sealed with many rich , and pre●ious blessings from heaven , is by many undervalued , and set at naught ; nay , by some blasphemed , as an accursed , and unholy thing . because of those things , thousands have fallen by the sword , and ten thousands by the pestilence : our high-wayes are desolate , and our cities left without inhabitants , the like hath not bin heard in our dayes , nor in the dayes of our fathers : and yet the wrath of the lord is not turned away , but his hand is stretched out still . oh that men were wise to hear the voice of the rod , and who hath appointed it : shall we continue to tempt the most high , and strive with our maker , untill he make an end of us ? let us confesse our iniquity , and be humbled for our sin ; let us sowe to our selves in righteousnesse , and reap in mercy ; let us break up our fallow ground , for it is time to seek the lord , untill he come and rain righteousnesse upon us . we cannot but from the sense of those judgements that lies heavy upon the land , and from that wrath that still threatens us , warn every man to repent , and set on to duty . let rulers and judges do judgement , and execute justice without respect of persons : let officers and souldiers live soberly , do violence to no man , and more minde the cause of god then their own advantage : let pastors feed the flock of christ in love , bee zealous in advancing the work of reformation , and purging of the house of god : and let every one in his station , mind those things whereunto the lord hath called him . though we be afflicted and sore broken , yet if we return unto the lord , he will have mercy on us , and heale us : hath he not already begun to raise us up ? it is a mercy worthy to be had in everlasting remembrance , that in the day of the power and pride of our cruell and insolent enemies , the lord should shew himselfe glorious and mighty , to give victory and salvation to his people , when our hopes were neer gone . we were in a low condition , not only at the weakest , but even at the worst , under the guilt of many provocations , repining against the lord , and hasting to the paths of the destroyer : yet the preserver of men had regard unto us , to keep us from destruction , and to ease and avenge us of many of our adversaries , whose carcasses he made as dung on the earth in the day of his fury & indignation . if after so great a mercy , any should be found amongst us to turn away from the lord , and again to submit unto , or comply with the enemies of his truth , they could not but sin against their own souls , and provoke the eyes of his glory untill there were no remedy . we beseech all the lords people throughout the land , nay we charge them before god ; and the lord jesus christ who shall judge the quick and the dead , to hold fast the truth in love , to have regard to the glory of the son of god , the excellency of the gospel , the sacred and inviolable bond of the covenant , the beauty of the work of reformation , and the worth of a good conscience above all earthly losses and advantages ; and from the due sense and apprehension of those things , to arm themselves with strong resolutions against all the degrees of back-sliding , or complying with the enemy . : that they bee no mo●e as reeds shaken with the wind ; but they may give a proofe of their faith , patience , and courage , in the midst of all the difficulties and straits which they shall meet with . every one who knowes the lord , will cleave to their duty , and wait for his salvation : he is faithfull , and will not suffer us to be tēpted above that we are able , but wil with the temptation also make a way to escape , that we may be able to bear it . the rod of the wicked shal not rest too long upon the lot of the righteous . but when the lord hath performed his whole work upon mount zion , and upon ierusalem ; he will punish the fruit of the stout heart of the proud enemy , and bring down the glory of his high looks . then shall all the haters of zion be astonished and confounded , but the lords people shall be glad and rejoyce in his salvation . a. ker. finis . the humble petition of the peacefull, obedient, religious, and honest protestants of this kingdome, presented unto the honourable house of commons in their behalfe, by doctor hynton, . with an answer to the severall objections proposed against him concerning the protestants petition, by a committee appointed from the honourable house of commons. hinton, john, sir, ?- . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing h thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) the humble petition of the peacefull, obedient, religious, and honest protestants of this kingdome, presented unto the honourable house of commons in their behalfe, by doctor hynton, . with an answer to the severall objections proposed against him concerning the protestants petition, by a committee appointed from the honourable house of commons. hinton, john, sir, ?- . england and wales. parliament. house of commons. [ ] p. s.n.], [london : printedin [sic] theyeare [sic] . signatures: a⁴. place of publication from wing. presented in the name of the gentlemen of the four inns of court. cf. p. [ ]. reproduction of the original in the british library. eng inns of court -- early works to . great britain -- church history -- th century -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason e _ ). civilwar no the humble petition of the peacefull, obedient, religious, and honest protestants of this kingdome,: presented unto the honourable house of hinton, john, sir c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - scott lepisto sampled and proofread - scott lepisto text and markup reviewed and edited - pfs batch review (qc) and xml conversion honi soit mal y pense emblem the hvmble petition of the peacefull , obedient , religious , and honest protestants of this kingdome , presented unto the honourable house of commons , in their behalfe , by doctor hynton , . with an answer to the severall objections proposed against him concerning the protestants petition , by a committee appointed from the honourable house of commons . printed in the yeare : the humble petition of the peacefull , obedient , religious , and honest protestants of this kingdome , presented unto the honourable house of commons , in their behalfe , by doctor hynton . that you will be pleased to reflect upon the divine service of god , according to the antient lawes of this kingdome , that thereby the poore protestants betweene the two extremities of zeale may not suffer a disturbance of their religion . that you will be pleased to preserve gods annointed his immediate vicegerent our true and lawfull soveraigns lord the king , in his person in all his regall dignities and lawfull immunities without any impeachment of his regality , in whose honour the reputation of the kingdome depends . that you will be pleased to ratifie and confirme all things both concerning his majesty and the state of this kingdome as they were in those blessed dayes of queens elizabeth and king iames , that wee may thereby live in these latter and turbulent times , with as much peace to our consciences , with as much dignity to our nation , in as true love and obedience to our lawfull sovereigne , and with as much liberty and liberality of our fortunes as our forefathers hertofore have done . that you will not suffer learning to be defaced nor discountenanced by the ignorant , but rather that you will be pleased to advance is to its dignity , it being the maine supporter of lawfull obedience , of order , civility , and regularity in all states . that you will be pleased to qualifie the exorbitances of the s●… and unworthy persons , that thereby the city of london and the suburbes may be disburdened from their continuall cares and fear it besides their losse of time , healths , and fortunes , which the t●…bands , and the double and treble watches and wards continually 〈◊〉 sustaine . that you will be pleased , as the state hath by election both made you members of this honourable house , and adopted you our fathers to governe our fortunes , to establish our lawes , and to regulate our actions : so we now beseech you to satisfie our consciences , to preserve our reputations , and to admit of a liberall and free debate in parliament , concerning all these particulars , without interruption , that thereby the glory of god may be exalted , the dignity of our king and kingdome preserved , the immunities of the house according to the ancient custome of england continued , all precipitated tumults appeased , all discords amongst us peacefully united , the valiant and re●…ned acts of our predecessors revived , our tottering fortunes established , our king and kingdome united ; that so our mindes and consctences may be fully satisfyed , &c. answer to severall objections concerning the protestants petition . . questvpon what reason doe you present this petition in the name of the gentlemen of the foure innes of court ? ans. my meaning was ; because the gentlemen of the innes of court , having lately appeared before the face of the court , to preserve the kings person , according to their allegiance , his majesty being in eminent danger , as they conceived , which might not s●eme altogether conformable in these turbulent times , being not invoked by publick authority , therefore i deemed it not much incongruent for me ; having been a member of that society , to make my addresse unto this honorable house , without their especiall advice , by preferring an humble petition , which might manifest a perfect intention of their true devotion , both towards your honourable assembly ; as also unto their country . . quest . why did you not take the advice of some particular friends , or of some one innes of court rather then the generall , and for all the protestants of england ? ans. my meaning was , because i did conceive that the petition being universall and concerning all the loyall protestants of this kingdome , it required a generall counsell of the whole foure innes of court ; that therby through a perfect and judicious judgement it might receive the better influence from the whole kingdome , upon whose counsell this nation doth most depend . . quest . what do you meane by the reflection upon the divine service of god ? ans. my intention was that the divine service of god might bee duly executed , by reason of our daily schismatical interruptions , frequently appearing in some of our churches , manifestly repugning the protestant professed faith in our religion . . quest . what do you meane by the two extremities of zeale ? ans. my meaning was jesuits and brownists . . quest . doe you not thinke that we have as much care to preserve the kings person as you , what doe you meane by that ? ans. my meaning was , that you would be pleased to appoint an especiall guard to preserve the kings person , by reason of the multitude of people which passe by the court gate in troops , with acclamations , and in a tumultuous manner . . quest . what do you intend by the kings immunities ? ans. my meaning was , all the kings regall dignities , it being the glory of our nation . . quest . do you intend by settling things as they were in queene elizabeths and king iames his dayes , to abrogate those lawes which we have enacted in this parliament ? answ . god forbid : but my meaning was , that you would be pleased to settle us in that happy peace among us which our predecessors most happily enjoyed in those precedent dayes both with our king and country , without any impeachment or diminution of those laudable and worthy lawes by your honourable house hitherto established . . quest . what doe you mean by the peace of your conscience ? ans. my meaning was , that being devoutly imployed in the divine service of god , wee might not be interrupted in our devotions by the papists and separatists . . quest . what doe you intend by the defacing of learning ? answ . my meaning was , the manifest and daily affronts which our honest and learned divines sustaine by schismaticall persons , both in the church and publike places , to the great dishonour and dis-repuration of learning . . quest . what doe you intend by the advancement to its dignity ? answ . my meaning was , that doctors and coblers might not be equall competitors , but that the cobler might not goe beyond his last . . quest . what doe you intend by separatists ? ans. my meaning was , the brownists and non-conformists to the established doctrine in our true protestant church of england , so anciently profest by our predecessors . . quest . why doe you endeavour to introduce the gentlemen of the innes of court to petition for the traine band , and double watches ? ans. my meaning was , because the gentlemen of the innes of court having the custody of many and great estates , ought to endeavour a generall pacification , that thereby the traine bands , and extraordinary watches may as well be relieved from their chargeable and carefull attendance , as we of our continuall feare with dangerous tumults . . quest . what doe you intend by free debate in parliament , without interruption or fear of punishment ? ans. my meaning was , that there may be some on the behalfe of the petition admitted to a liberall and free discourse before the parliament , concerning the particulars , without feare of punishment . . quest . what doe you intend by the valiant and renowned acts of your predecessors ? ans. my meaning was , but onely a lively expression , to retaine the dignity of our nation . quest . . what doe you meane by this protest ? ans. my meaning was , no more but to testifie my innocency , and the reality of my heart to serve my god , my king , and country . . quest . what advice and counsell had you to draw up this petition , and is this your true copy ? ans. i doe confesse this to be my true copy , and doe most seriously protest , that i had neither counsell nor advice from any man towards the contriving , either of the heads thereof , or this rough and impolished draught ; and i take god to witnesse , the publication thereof was never . intended without a generall and exact counsell vpon every particular , that thereby it might appeare laudable before god and man ; and therefore i humbly crave and beseech your favourable construction of this loose paper , submitting my selfe in all humility to the grave wisdomes of your honourable assembly ; and with a cheerfull heart ready to sacrifice my life and fortune at your commands . finis . severall proposals humbly tendered to the consideration of those that are in authority, for the ease, security, & prosperity of this common-wealth by william cole. cole, william. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing c ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing c estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) severall proposals humbly tendered to the consideration of those that are in authority, for the ease, security, & prosperity of this common-wealth by william cole. cole, william. p. [s.n.], london : . reproduction of original in huntington library. eng great britain -- politics and government -- - . a r (wing c ). civilwar no severall proposals humbly tendered to the consideration of those that are in authority, for the ease, security, & prosperity of this common- cole, william a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - jonathan blaney sampled and proofread - jonathan blaney text and markup reviewed and edited - pfs batch review (qc) and xml conversion severall proposals humbly tendered to the consideration of those that are in authority , for the ease , security , & prosperity of this common-wealth . by william cole , a constant asserter of the rights and priviledges of the people , and opposer of the late tyranny and apostacy . nehemiah ch. . vers. , . &c. i and my brethren have not eaten the bread of the governour . but the former governours that had been before me , were chargeable unto the people , and had taken of them bread and wine , besides fourty shekels of silver : yea , even their servants bare rule over the people : but so did not i , because of the fear of god , &c. london : printed mdclix . several proposals humbly tendred to the consideration of those that are in authority . . that it would be very much for the security of the nation , and satisfaction of the honest party , to have a review of all the officers in the commonwealth ; that so all those that have been put in imployments chiefly to serve the lusts and ends of the late single person , and in their respective places to be informers , pimps , and trapans , both to entrap , and ensnare , those that were assertors of the native rights , may be expunged ; and that the fawnings and flatteries of time-serving men ( who are terrae filii , sons of the earth , and will serve the worst of tyrants in the worst of wickedness , to satisfie their covetous and ambitious spirits ) may not be credited . . that men may be imployed not on principles of favour , but from principles of ability and integrity ; and that plurality of offices , either civil or military , may be laid aside : that so those men that are brought lowe , either by sufferings for their constancy , or by losse of trade in these sad times , may find in some measure , a way open , to procure a livelihood for their families . . that in collection of customes and excise , it is convenient , that men of ability , and affability , may be imployed , who may also be able to inform the merchants and others , why this present parliament is yet inforced to continue these great burthens ? and who was the occasion thereof ; which will much cool and qualifie the heat , that at present hath much exasperated the people of this nation against it , by the imperious carriage of insulting spirits ; especially if they may have assurance , that the excise ( which is the bane of all trade and commerce ) may in short time cease . . that in regard of the poverty of the nation , there may be care taken , to collect all publique monyes at as cheap a rate as may be , and that whereas some men have vast sums given for sallaries heretofore , it was more from a principle of designe than necessity , that so their mercenary spirits might be obliged to destroy their countries rights , and keep a strict hand and eye over the constant honest party : if there be care taken in this businesse , there will be many thousand pounds yearly added to the publique treasury . . that some men of ability and activity may be imployed , superintendents or over-seers of the navies stores in chattam , porsmouth , and plymouth , who may : if they are able and honest , save the state above l. per annum , it being a practice in most of the officers to comply and connive at one anothers offences ; whereby tymber , cables , sayls , powder , cordage , provisions , &c. are usually sold by officers in great quantities . . that the number of officers , especially of the custome and excise , and value of their salaries may be regulated and lessened ; for that in many places the salaries of the custome-officers exceeds the receipts . . that the farming of the custome and excise may forthwith cease ; which is so cruelly executed , that there is a general out-cry against it throughout the three nations , which much endangereth the peace of the common-wealth . . that there are sayl of english ships employed the less yearly by the means of martin noel's farming the custome of coals , which very much lesseneth the number of shipping , and prejudiceth the increase of mariners , which is of a very ill consequence ; for that the shipping are england's walls ; and saylors , the garrison to defend them . . that it is of considerable importance , to employ an able publique-spirited person to be governour of the isle of barbadoes , which at present is , and so like to be , a trade of great advantage for the expence of the manufactures of this common-wealth , if the said governour shall wisely und uprightly , according to the act of trade made by this present parliament , prevent the importation of the manufactures of holland and other countries , at which there hath been of late ( as is generally reported ) a great connivance either through bribery , or neglect . . that it will be of very great consequence to the encrease of shipping and navigation , ( in some speedy time ) to make some free ports in england , whereby we shall be able to equal and match the dutch in the trade of the zound and baltique-seas , and equal them with magazines of goods to furnish all parts at as cheap a rate , as the aforesaid dutch or hamburgers shall be able to do . . that there may be a survey of all the penal statute laws of the land , and a brief collection of them that are profitable and necessary , for the well and peaceable government of this commonwealth , owned by this supreame authory , and all those that are grounded on principles of tyrranny and oppression ; & repugnant to the laws of god and reason , and unnecessary or vexatious may be exploded : and that they that are owned may be printed in one volume , that so the people may know what is their duty , and not be punished by trapps and snares of absolete laws , through the malice or subtilty of corrupt judges or justices , it being a desperate and cruel principle for the rulers to require obedience to laws that the people are not capable to understand , and a known maxime that a multitude of laws are a multitude of fetters to inslave the ignorant , and destroy the simple hearted . . that seeing the whole commonwealth is in a lamentable condition of poverty , trade almost utterly lost , and thousands of poor ready to starve , let piety , pity , and desire of true renown perswade those that have thousands and hundreds yearly means , to forbear sallaryes for some years , that so the people may have food , and the commonwealth by their examples be encouraged and invited to charity and pity . this noble and true christian practise and example was acted by nehemiah , whose pattern i earnestly beseech our present law-makers to imitate , in freeing this commonwealth from bondage , slavery , and tyranny ; god forbid they should follow jehu , who destroyed ahab's house , onely to seat himself and his posterity in the throne . finis . a circular letter to the clergy of essex to stir them up to double-diligence for the choice of members of their party for the ensuing parliament ; with some queries offered to the consideration of the honest free-holders. approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing l a estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a circular letter to the clergy of essex to stir them up to double-diligence for the choice of members of their party for the ensuing parliament ; with some queries offered to the consideration of the honest free-holders. h. l. l. h. sheet ([ ] p.) [s.n.], london : printed in the year, mdcxc [ ] imperfect: faded. contains, in part, a letter signed: h.l. reproduction of original in british library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng church and state -- england. great britain -- politics and government -- - . - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion a circular letter to the clergy of essex , to stir them up to double-diligence for the choice of members of their party for the ensuing parliament . with some queries offered to the consideration of the honest free-holders . the letter ▪ sir , there is a trial of skil to be , it seems , between coll mildmay's interest and the church party in essex : how much is behoves you at this time to use your utmost endeavour to send good men to the parliament , you cannot but be very sensible ; let me therefore intreat you , earnestly to persuade the clergy of your deanry , to use their utmost endeavours to bring in as many voices as they can for sir anthony abdy and sir eliab harvey , and not to fail b●ing themselves at the election ▪ if their health will permit . i pray give my hearty service to them , and let them know it is ▪ i who most earnestly intreat this at their hands , who am theirs , and , sir , your most assured friend and brother , h. l. the attestation to this letter by a conformable minister , who was willing to have it communicated for the edification of the laity . sir , i do assure you the above-written is a true copy , which i my self took from the original . it was superscribed to no particular person , but put into the hand of a neighbouring minister , with a direction , that the apparitor for the archdeaconry of essex should carry it to the habitation of every minister in his jurisdiction . besides this from the b. i have seen another from the e. of n. written to an infamous bailiff of an hundred ▪ ordering him to endeavour to prevail with the freeholders of that hundred ▪ to appear for sir anthony and sir eliab . so far the honest clergy man , who it seems is not to be compell'd to a choice against his judgment , by the threats or artifice of any spiritual or temporal bum. ● . whether the shiling the weight 〈…〉 ir of chusing members to sit in parliament [ 〈◊〉 manual of skill ] ▪ suits not better , with the air of a soldier , than with the gravity of a b 〈…〉 ? . whether if solliciting for the choice of members to sit in parliament , be part of the priestly function , or within the things lawful and honest , in which they 〈◊〉 obedience , 〈◊〉 was not great condescention in the b. earnestly to entreat in such humble terms ? whether the office of a soll●citor , or that of an informer upon penal laws in default of church-wardens , be the greater ecclesiastical dignity or prom●ti●n ? . whether whoever he was that wrote the letter to the clergy ▪ he does not lay himself open to a complaint in parliament ▪ not only for the 〈…〉 ness of his letter to those who are under him , hardly consistent with that freedom of elections which the law is tender of ▪ but for his following the late observator ▪ in dividing protestants into parties , and censu●i●g , as opposite to the church-party , all those of the nobility and gentry , and the body of the freeholders of essex , who have for several years look'd upon the collonel as the fi●test person to represent them in parliament , for his experience , prudence , courage , and unshaken fidelity to his countrey , and to the crown too , where it has not carried on a separate interest ? . if by the church-party is not meant a faction engaged in an interest divided from the protestant interest at home and abroad , why is not the present lord lieut ▪ the e. of oxford , who is for the collonel , as well to be thought of the church-party , as the d. of albemarl was , except that he cannot drink so much for it as the other did ? and why should not the circular letters now press the clergy to be for them whom the now ld. lieut , and the gentry with him , think fittest to serve their country , as formerly , by an implicit faith , without knowledg of the persons , they did for such as the then ld. lieut. and his gentry should recommend ? . whether the bustle now made by them who call themselves the church-party , does not naturally revive the memory of a great man's ministry ▪ when money was receiv'd from france for a peace , advantageous only to the factors , and them that bought it , though at the same time the parliament had paid much more largely for actual war : aud when the popish plot was stifled , and they who enquir'd too far into it , were made plotters themselves ? . whether the effect of a like circular letter , in the beginning of the late king's reign , when the collonel was set aside ( how fairly is not now to be enquir'd into ) doth not shew that the church-party which then prevail'd , may well be thought of an interest divided from all other protestants ? can it otherwise be believ'd , that when they knew that king to be a papist , they , for the sake of a few good words to the church , would have trusted him with the revenue for life , when they had it in their hands , and need not have parted with it , till full provision had been made for the safety of the religion , and laws of their countrey ? . whether seeing those who were for the regency , that is , for having james still king , and this king but a minister of state , or general under him , list themselves with the church-party , and the papists ; that party are not to be thought to be for king james ? while the earl of oxford , suitable to his character , and all coll. mildmay's interest , to a man , are for our present king and queen , that is , for protestancy against popery , england against france . . whether the b of l. who is personated in this letter , can be thought to have written it himself , having appear'd in arms for this king , before the other withdrew , and being past possibility of making his peace with the late king , unless he turn mere lay-man , and accept of the regency , and administration of affairs under him in a lay capacity ; being already become irregular according to the doctrine not only of papists , but of the church-party here ; who , notwithstanding all his sollicitations for them , will no more dispense with his irregularity , than they did with good archbishop abbot's in the time of king charles the first . whether the laymen , who are wheedled into the separate church-party , ought not to consider , that if they believe as the church believes , they are bound to think that not only they who join'd in inviting over our great deliverer , and appear'd with or for him in arms before the late king withdrew , but all who were under that king's allegiance , and swear to this , are , or have been , neither good subjects nor good christians , at least not good church-of-england-men ? for the church has these passages , among many others of the like nature , in its homilies , to which , god be thanked , none but clergy-men have given any solemn or unfeigned assent and consent . had english-men at that time known their duty to their prince , set forth in god's holy word , would english subject● have sent for , and received the dauphin of france , with a great army of french men , into the realm of england ? would they have sworn fidelity to the dauphin of france , breaking their oath of fidelity to their natural lord , the king of england ? and have stood under the dauphin's banner displayed against the king of england ? this king it must be known , was king john ▪ one of the worst of men , who not only had violated the original contract between him and his people ; but had voluntarily abdicated , in giving the kingdom , as much as in him lay , to be held as the pope's fee. and yet you see what the church holds , of inviting and joyning with a foreign prince , even in such a case . . whether clergy-men are to be thought ignorant of the contents of the homilies ? whether therefore all lay-men concern'd for the support of this government , and of the protestant religion ought not to be very jealous of those for whom they are sollicited by the clergy ? especially considering that their representatives , when they were prest by the bps. to thank his present majesty for rescuing them from popery and slavery , were not for medling with any thing , but what concern'd the church of england ▪ as if its concerns lay another way : and the generality of them were against all manner of alterations , being , it seems , fond of those passages in the homilies ▪ which condemn all that adhere to this government . . whether , tho the bp. of l's late action , wherein he forsook his church - party is justly popular , yet he , who was advanced in ill times , and complied so far with k. james , as to desire dr. sharp to discontinue preaching ; and so far submitted to the high commission-court , as not to insist upon a legal plea to its jurisdiction ; deserves to be trusted by the people of essex , more than coll. mildmay , who stood up for them undauntedly in the worst of times , to his great expence and hazard : and yet behaved himself with such moderation and prudence , that the managers then , so eager to make plots , could frame no pretence against him ? the freeholders of essex have us'd to see for themselves , without ecclesiastical spectacles : nor have they more than once since the pensioner-parliament , been hector'd or wheedled by the church-party from their own true interest . they cannot but remember what they suffered under their insolencies formerly ; nor is it likely that they will again put themselves under that uneasie yoke . they cannot so soon forget the fines , imprisonments , and dancings of attendance from sessions to sessions , merely for voting for such parliament-men as they could trust . it is not therefore to be thought , that they will contribute towards setting that party again in the saddle . london : printed in the year . m dcxc. notes, typically marginal, from the original text notes for div a -e apparitor or bailiff . vid. the case of the l d. mohun in mr. p miscel . parl. homilies ▪ the six●h 〈…〉 against w●llful rebellion , last edit . f. . by the lords justices, a proclamation whereas his majesty by his royal proclamation of the seventh day of july last ... england and wales. lords justices. approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing e estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) by the lords justices, a proclamation whereas his majesty by his royal proclamation of the seventh day of july last ... england and wales. lords justices. broadside. printed by charles bill, and the executrix of thomas newcomb ..., london : . other title information taken from first two lines of text. "given at the court at whitehall, the ninth day of august, . in the tenth day of his majesties reign." reproduction of original in the british library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng proclamations -- great britain. great britain -- history -- william and mary, - . great britain -- politics and government -- - . - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion w r diev et mon droit honi soit qvi mal y pense royal blazon or coat of arms by the lords justices , a proclamation . tho. cantuar. sommers c. pembroke c p s. devonshire , marlborough , romney , orford , cha. montague . whereas his majesty by his royal proclamation of the seventh day of july last , did declare his royal intention to give directions to the lord chancellor , for issuing out of writs in due form of law for calling a new parliament , which should begin and be holden at westminster on wednesday the twenty fourth day of this instant august ; and whereas since that time writs have accordingly issued returnable on the said twenty fourth day of this instant august ; we , by the advice of his majesties most honourable privy council , for weighty reasons vs thereunto moving , do hereby publish and declare , that the said parliament shall not upon the said twenty fourth day of august sit for the dispatch of business , but shall be then prorogued to the twenty seventh day of september next ; whereof the lords spiritual and temporal , and knights , citizens and burgesses of the house of commons , and all others , whom it may concern , may take notice : we letting them know , that the attendance of any of them on the said twenty fourth day of august will not be expected , but of such who being in and about the cities of london and westminster may attend the making the said prorogation , in such manner as heretofore in like cases has beén accustomed . and we do hereby further declare , that convenient notice shall be given by proclamation of the time when the parliament shall be holden and sit for the dispatch of business , to the end that the members of both houses may order their affairs accordingly . given at the court at whitehall , the ninth day of august , . in the tenth year of his majesties reign . god save the king. london , printed by charles bill , and the executrix of thomas newcomb , deceas'd , printers to the kings most excellent majesty . . two orders of parliament concerning the apprehending of thieves. die veneris, januarii, . england and wales. parliament. this text is an enriched version of the tcp digital transcription a of text in the english short title catalog (thomason .f. [ *]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e thomason .f. [ *] this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ *]) two orders of parliament concerning the apprehending of thieves. die veneris, januarii, . england and wales. parliament. sheet ([ ] p.) printed by edward husband and john field, printers to the parliament of england, london : [i.e. ] order to print dated: die veneris, januarii, [i.e., ]. signed: hen: scobell, cleric. parliamenti. reproduction of the original in the british library. eng thieves -- england -- early works to . great britain -- politics and government -- - -- early works to . a (thomason .f. [ *]). civilwar no two orders of parliament concerning the apprehending of thieves.: die veneris, januarii, . england and wales. parliament. a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - elspeth healey sampled and proofread - elspeth healey text and markup reviewed and edited - pfs batch review (qc) and xml conversion two orders of parliament concerning the apprehending of thieves . die veneris , januarii , . ordered by the parliament , that such person or persons who shall at any time within the space of one whole year ( viz. ) from the tenth day of january one thousand six hundred and fifty , unto the tenth of january one thousand six hundred fifty and one , apprehend and bring in safe custody before any iustice of peace , or any other officer of iustice , any person that hath committed , or shall commit any burglary , or any robbery on the high-way ; or that hath or shall break open any dwelling house , or enter into any such house , and there use any violence upon any persons or their goods dwelling or residing there ; vpon the conviction of such person apprehended , shall have a reward of ten pounds for every such person so apprehended and convicted . ordered by the parliament , that all and every the sheriff and sheriffs of the respective counties in england and wales , where such apprehension and conviction shall be made and had , be required ( upon the certificate of the iudge , or under the hands of two or more iustices of the peace before whom such conviction shall be made ) to pay unto such person or persons who shall apprehend such offender , the reward aforesaid of ten-pounds for every offender so apprehended and convicted , out of the publique moneys received by him in that county ; and that the same shall be allowed unto him upon his accompts in the exchequer . die veneris , januarii , . ordered by the parliament , that these two orders be forthwith printed and published . hen : scobell , cleric . parliamenti . london , printed by edward husband and john field , printers to the parliament of england , . by the king. a proclamation for the better defence of the kings royall person, and of this universitie and city proclamations. - - england and wales. sovereign ( - : charles i) this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing c ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing c estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) by the king. a proclamation for the better defence of the kings royall person, and of this universitie and city proclamations. - - england and wales. sovereign ( - : charles i) charles i, king of england, - . sheet ([ ] p.) by leonard lichfield, printer to the university, printed at oxford : . dated at end: ... oxford, the th day of may, ... . arms ; steele notation: the to may. reproduction of original in the victoria and albert museum, forster collection, london, england. eng charles -- i, -- king of england, - -- protection -- early works to . great britain -- history -- civil war, - -- early works to . great britain -- politics and government -- - -- early works to . a r (wing c ). civilwar no by the king. a proclamation for the better defence of the kings royall person, and of this universitie and city. england and wales. sovereign a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion c r honi soit qvi mal y pense royal blazon or coat of arms by the king . ¶ a proclamation for the better defence of the kings royall person , and of this vniversitie and city . whereas by our proclamation of the of aprill past , taking notice of the desires of the lords and commons of parliament here assembled , we did straitly charge and command all persons whatsoever residing in this university and city speedily to list themselves in the regiment of auxiliaries under the command of the earle of dover , which is upon no occasion to march out of this city upon service , otherwise then upon sallyes in case of a siege , nor to doe duties therein , except in case of a siege , or other extraordinary occasion ; and whereas we have since given a like commission to the lord littleton , keeper of our great seale , to raise one other regiment of auxiliaries to consist of gentlemen of the innes of court , and others appertaining to the law : notwithstanding which we find that many persons have not , nor doe not ( as we are informed ) intend to list themselves at all in any of the said regiments , or any others here in garrison , to the manifest prejudice of our service , and neglect of their duties for the preservation of this university and city . wherefore we have thought fit , by the advice of our councell of warre , again straitly to charge and command all persons whatsoever ( not already listed ) ( except such as are already officers or souldiers in some other regiment of our army , and except the members of both houses of parliament , the gentlemen of our troop , our meniall servants , and the servants of our dearest sonne prince charles , our commissioners , such as have entered into holy orders , or such as for age , or some infirmity are not of ability to beare armes ) to list themselves in the city regiment , or in one of the said regiments of auxiliaries , before the of this instant may , or else to depart the city , as persons unfit to reside here , or to have the benefit of our protection . and if any shall be found after that time ( not being excepted ) who have not listed themselves , we doe command the governour to cause such to be forthwith apprehended and proceeded against , as persons disaffected to our service and the good and security of this city . and we doe farther straitly command all the inhabitants of this city able to beare armes , with their servants , to list themselves in the city regiment , and to arme themselves accordingly before the said of may , upon paine of being severely proceeded against for their neglect , which we require as well the governour , as the colonell and other officers of the said city regiment in their respective charges to see straitly obeyed ; and to the end that no person who shall reside here may be exempt , we shall take some speedy course that those of our servants , and of our dearest sonne the prince , whose attendances are not immediatly required , shall be listed under such commands , as that upon all occasions they may be ready for the defence of this city . and that we may find the effects hereof , our expresse pleasure is , that the city regiment , and both the regiments of auxiliaries appeare before us in armes upon tuesday next in the morning in the new parkes , where we intend to view them and their numbers . this our pleasure we command shall instantly be published in this city and university , to the end it may , be observed accordingly . given at our court at oxford , the th day of may , in the twentieth yeare of our reigne . . god save the king . ¶ printed at oxford , by leonard lichfield , printer to the vniversity , . master grimston his worthy and learned speech: spoken in the high court of parliament. concerning troubles abroad, and greevances at home. shewing the inward symptoms and causes of all our feares and dangers. and what probability there is of reformation, in case due punishment be speedily executed on incendiaries, and chiefe causers of those distractions, that have opprest our church, and common-wealth. grimston, harbottle, sir, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing g thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) master grimston his worthy and learned speech: spoken in the high court of parliament. concerning troubles abroad, and greevances at home. shewing the inward symptoms and causes of all our feares and dangers. and what probability there is of reformation, in case due punishment be speedily executed on incendiaries, and chiefe causers of those distractions, that have opprest our church, and common-wealth. grimston, harbottle, sir, - . [ ] p. printed for w.h., london : . the first "t" in distractions (line ) is inverted. reproduction of the original in the british library. eng speeches, addresses, etc., english -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason e _ ). civilwar no master grimston his worthy and learned speech: spoken in the high court of parliament.: concerning troubles abroad, and greevances at home. grimston, harbottle, sir b the rate of defects per , words puts this text in the b category of texts with fewer than defects per , words. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - judith siefring sampled and proofread - judith siefring text and markup reviewed and edited - pfs batch review (qc) and xml conversion master grimston his worthy and learned speech : spoken in the high court of parliament . concerning trovbles abroad , and greevances at home . shewing the inward symptoms and causes of all our feares and dangers . and what probability there is of reformation , in case due punishment be speedily executed on incendiaries , and chiefe causers of those distractions , that have opprest our church , and common-wealth . london , printed for w. h. . master grimston his learned speech in parliament . mr speaker , there hath now a great and weighty busines bin presented to this house , & a letter hath bin read importing a dicesion of the kings naturall subjects . mr. speaker , this is a great case , and very worthy of the consideration and advisement of this great counsell ; but j am very much mistaken , if there be not a case here at home , of as great a danger as that now put to be abroad , the one stands without the doore ( for so dangers from thence , in all our histories , have ever bin termed : ) but the case that i would put , is a case of danger already upon our backs . and in those great cases of danger , which so much concerne the wellfare of the body politique we ought to doe in them like skillfull physitians that are not led in their judgments so much by the outward expressions of a disease , as by the inward symptomes , and causes of it . for it fares with a body politique , as it doth with a body naturall : it is impossible to cure an ulcerous body , unlesse you first cleanse the veines , and purge the body from those obstructions , and pestilentiall humours that overcharge nature , and being once done too , botches , blaines , and scabs , that grew upon the superficies and out-side of the body , dry up , shed , and fall away of themselves . mr. speaker , the danger that hath now bin presented to the house , it standeth at a far distance , & j wish heartily , that it were further off ; yet as it stands at a far distance , it is so much the lesse dangerous . but the case that j shall put , is a case of great danger here at home , domestique : & therefore so much the more dangerous , because it is home-bred , and runnes in the veines . and , mr. speaker , if the one shall appeare , to be of as great danger , as the other , j hope it will not bee thought unreasonable at this time , to put the one aswell as the other ; and the case that i would put , is this . the charter of our liberties called magna charta was granted unto us by king iohn , ; which was but a renovation and a restitution of the ancient lawes of this kingdome . this charter was afterwards in the succession of severall ages , confirmed unto us above thirty severall times , and in the third yeere of his majesties reigne that now is , we had no more then a bare confirmation of it . for we had an act declaratory past , and then to put it out of all question and dispute for the future , his majesty by his gtatious answere , soit droit comme est desire , invested it with the title of petition of right , master speaker . it may be some may object , parturiunt montes &c i promised to present the house with a case of very great danger here at home , but the mountain at last hath brought forth nothing but a mouse , that this case is not worthy the name of a case , and so not worthy the putting . and truly , for mine owne part , j should have bin of the same opinion ( had not some expositors , contrary to the lawes of god , and man , and reason , & j am sure contrary to the dictamen of their own consciences ) marred the text with their expositions , undermining the liberty of the subjects , with new invented subtile distinctions , and assuming to themselves a power ( i know not where they had it ) out of parliament , to supercede , annihilate and make voyd the lawes of this kingdome . what sad effects , these wayes and opinions have produced , i am confident , his majesty hath neither seene nor heard , as wee have felt them . and it is now his majesties goodnesse and piety , to give us leave to speake them , and to present them with our greevances , which are not few . mr. speaker , the common-wealth hath bin miserably torne and macerated , and all the proprieties , and liberties shaken : the church distracted , the gospell and professors of it persecuted , and the whole kingdome over-run with multitudes , and swarmes of projecting cater-wormes , and caterpillars , the worst of all the aegyptian plagues . then as the case now stands with us , i conceive there are two poinis very considerable . the first is , what hath bin done any way to impeach the liberty of the subject , contrary to the petition of right . the second is , who have bin the authors and causers of it . mr. speaker , the serious examination and decision of those two questions , doe highly concern his majesty in the point of honour , and his subjects in the point of interest : and all that i shall say to it is but the words that ezra did to king artaxerxes , to the setlement of that state : which at that time was as much out of frame and order ▪ as ours is at this present ; and which cured theirs , i hope will cure ours . his words were these . whosoever hath not done the law of god , and the law of the king , let judgment be speedily executed upon him , whether it be unto death , or unto banishment , or unto confication of goods , or to imprisonment . now , m. speaker , it may be some doe think this a strange text , and is 't possible ! some may thinke it as strange a case . as for the text , every man may reade it , that will . and for the case , i am afraid there are but few here , which doe not experimentally know it , to be as bad as i have put it : and how to mend a bad case , is part of the busines wee met about . his majesty hath graciously confirmed unto us , our great and ancient priviledge of freedome af speech : and having his kingly word for it , j shall rest confidently upon it , as the greatest security under heaven . and whilst j have the honour to have a place here , i shall with humility be bound to expresse my selfe as a free-man . the diseases and distempers that are now in our body politique , are growne to that height , that they pray for , and importune a cure . and his majesty out of his tender care , and affection to his people , like a nursing father , hath now freely offered himselfe to heare our prayers and complaints . mr. speaker , we cannot complaine that we want good lawes ; for the wit of man cannot invent better then are already made ; there want only some examples , that such as have beene the authors , and causets of all miseries , and distractions in church and common wealth , contrary to those good lawes which be like treakle to expell the poyson of mischiefe out of others , but my part is but ostendere portam , and rherefore having put the case , i must leave it to the judgement of this house , whether our dangers here at home be not as great and considerable ; as that which was even now presented . finis . by the king. a proclamation forbidding all the tenants or debtors of such who are in actuall and open rebellion, or who adhere to, or assist the rebells,to pay any rents or debts to such persons or any of them. england and wales. sovereign ( - : charles i) this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing c thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) by the king. a proclamation forbidding all the tenants or debtors of such who are in actuall and open rebellion, or who adhere to, or assist the rebells,to pay any rents or debts to such persons or any of them. england and wales. sovereign ( - : charles i) charles i, king of england, - . sheet ([ ] p.) by leonard lichfield, printer to the vniversity, printed at oxford : . dated at end: given at our court at oxford, the twenty fifth day of september, in the nineteenth year of our reigne. with engraving of royal seal at head of document. reproduction of the original in the british library. eng great britain -- history -- civil war, - -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no by the king. a proclamation forbidding all the tenants or debtors of such who are in actuall and open rebellion, or who adhere to, or assist england and wales. sovereign c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion honi soit qvi mal y pense royal blazon or coat of arms by the king . ¶ a proclamation forbidding all the tenants or debtors of such who are in actuall and open rebellion , or who adhere to , or assist the rebells , to pay any rents or debts to such persons or any of them . whereas we have , by our severall proclamations , bearing date the eight day of march last and the seventh day of aprill last , published our resolution to grant out our commissions for the seizing of the goods , and sequestring the estates of all such persons who are in rebellion or do assist those who are , to the intent that such their goods , and rents , may be safely deposited untill such time as the offenders can be brought to a legall triall , which shall speedily proceed against them as soone as they can be apprehended , and delivered into the hands of iustice . and we did therefore command all persons who were any wayes indebted unto , and all the severall tenants of all such persons , to forbeare to pay any rents , or debts due to the said severall person but to detaine the same in their hands towards the maintenance of the peace of the severall counties , and the reparation of such men who have suffered by the violence of the rebells . since which time hath pleased god so farre , and so eminently to blesse our armies , that we have again reduced severall counties to our obedience , which were for the greatest part , if not totally , possessed by the rebells ; and considering therefore that it very probable our said proclamations were kept from the knowledge of our good subjects of those counties , we have once more thought fit to publish the same , and do hereby declare to all our loving subjects whatsoever , that as we have already issued out such our commissions into severall counties , in which we give authority to the persons truste by us to distinguish between those who have been active and malitious contrivers of this rebellion , and those who have been through weaknesse or feare seduced by them ; so we will dayly issue out other commissions to the same purpose . and we doe straitly charge and command all our loving subjects of what condition soever , as they will answer their disobedience at their utmost perills , that they pay no rents or debts which now are , or hereafter shall grow due to any persons who either are , or lately have been in rebellion , ( and have not since submitted themselvs to us ) or to any such who adhere to , or assist those who are in rebellion , and that they presume not to receive any good money or stock in trust for any such persons , but that they faithfully accompt , and pay the same to such persons as either are , or shall be intrusted by us for that purpose , and we shall proceed against all such persons who shall wilfully , and peremptorily disobey us herein , as against persons notoriously disaffected to us and our service . and our pleasure is that this our proclamation be read in all churches and chappells throughout this our kingdom . given at our cou●● at oxford , the twenty fifth day of september , in the nineteenth yeare of our reigne . god save the king . printed at oxford , by leonard lichfield , printer to the vniversity . . die mercurii, sept. . an ordinance of the lords and commons assembled in parliament, concerning sequestred books, evidences, records and writings. england and wales. parliament. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) die mercurii, sept. . an ordinance of the lords and commons assembled in parliament, concerning sequestred books, evidences, records and writings. england and wales. parliament. sheet [( ) p.] printed for edward husband, printer to the honorable house of commons, london : sept. . . with decorative border. all books, writings, etc. sequestered in london and westminster by ordinance of november are to be placed in the custody of henry elsynge, who shall deliver them out on order from either house, etc. -- cf. steele. order to print signed: h: elsynge, cler. parl. d. com. reproduction of the original in the british library. eng attachment and garnishment -- england -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no die mercurii, sept. . an ordinance of the lords and commons assembled in parliament, concerning sequestred books, evidences, records england and wales. parliament. a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion die mercurii , sept. . an ordinance of the lords and commons assembled in parliament , concerning sequestred books , evidences , records and writings . be it ordained by the lords and commons assembled in parliament , that all the books , evidences , records , and vvritings sequestred within the cities of london or westminster , that are come to the hands of the committee of lords and commons , appointed by ordinance of parliament of the . of novemb. . or of any of them , or of any person or persons by their or any of their direction or appointment ; or which should by the said ordinance be delivered to the said committee or any of them , to be by the said committee preserved for such uses as should be appointed by the houses of parliament , be forthwith delivered unto , and placed in the custody , care and charge of henry elsynge esquire , register , appointed for the sale of bishops lands ; and that the said register be hereby authorized by himself or his deputies to deliver out any of the said books , evidences , records and vvritings , according as from time to time he or they shall receive order from both or either of the houses of parliament , or from the committee of lords and commons for sequestrations , or from the commissioners of lords & commons sitting at goldsmiths hall respectively . ordered by the commons assembled in parliament , that this ordinance be forthwith printed and published : h : elsynge , cler. parl. d. com. london , printed for edward husband , printer to the honorable house of commons . sept. . . an ordinance of the lords and commons assembled in parliament: for bringing in of the arrears for the garrisons of the easterne association. : die jovis decemb. . / ordered by the lords assembled in parliament, that this ordinance be forthwith printed and published ; joh. brown cler. parliamentorum. england and wales. parliament. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing e ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : a) an ordinance of the lords and commons assembled in parliament: for bringing in of the arrears for the garrisons of the easterne association. : die jovis decemb. . / ordered by the lords assembled in parliament, that this ordinance be forthwith printed and published ; joh. brown cler. parliamentorum. england and wales. parliament. browne, john, ca. - . [ ], p. printed for iohn wright at the kings head in the old bayley., london : . reproduction of original in the sutro library. with: die jovis, . julii, -- die sabbathi . decembris, . eng tax collection -- great britain -- early works to . great britain -- politics and government -- - . a r (wing e ). civilwar no an ordinance of the lords and commons assembled in parliament: for bringing in of the arrears for the garrisons of the easterne association. england and wales. parliament a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion an ordinance of the lords and commons assembled in parliament : for bringing in of the arrears for the garrisons of the easterne association . die jovis decemb. . ordered by the lords assembled in parliament , that this ordinance be forthwith printed and published . joh. brown cler. parliamentorum . london printed for iohn wright at the kings head in the old bayley . . die jovis decemb. . an ordinance of the lords and commons assembled in parliament , for bringing in the arrears of the garrisons of the easterne association . vvhereas by two severall ordinances of the third of september , . and the sixth of august , . sixteene moneths and seven daies tax was ordained to be assessed , collected , and payed for maintenance of the garrisons of the easterne association ; and whereas a great part of the moneys payable by vertue of the said ordinances , is still in arreare , and uncollected , and by meanes thereof the summes of money still due to the said garrisons for their pay , during the time of their continuance , and to the inhabitants thereof , and of the adiacent counties for quarters , are become very great : now that the said arreares may be brought in , and issued forth according to the true intent and meaning of the said ordinances , be it ordained , and it is ordained by the lords and commons in parliament assembled , that the committee of lords and commons for the easterne association , and the committees of the severall counties mentioned in the said ordinances , shall have power , and are hereby authorized to execute the said severall ordinances according to the powers and authorities to them thereby granted respectively . and the said committees are hereby ordered to take effectuall care for the full and speedy assessing , raising , levying , and collecting of all the said arreares : and be it further ordained by the authority aforesaid , that the said committee of lords and commons for the easterne association , shall have power to imploy and dispose of all the said arreares , to the intents and purposes of the said severall ordinances , according to the authority to them hereby granted . jo. brown cleric . parliam . by the king. a proclamation for recalling of commissions at sea england and wales. sovereign ( - : charles ii) this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing c thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) by the king. a proclamation for recalling of commissions at sea england and wales. sovereign ( - : charles ii) charles ii, king of england, - . sheet ([ ] p.) printed by john bill and christopher barker, printers to the kings most excellent majesty, london : . dated at end: given at our court at whitehal, the fifteenth of june, in the twelfth year of his majesties reign, . annotation on thomason copy: "june ." reproduction of the original in the british library. eng law of the sea -- england -- early works to . great britain -- history, naval -- th century -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no by the king. a proclamation for recalling of commissions at sea: england and wales. sovereign a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion c r diev et mon droit honi soit qvi mal y pense royal blazon or coat of arms by the king . a proclamation for recalling of commissions at sea . charles r. whereas sundry commissions have , heretofore , been issued out , and granted , as well by the king's majesty , as by his royal brother the duke of york , lord high admiral of england , to divers of his majesties subjects and others , by sea , with authority and command , in hostile manner , to proceed against and prosecute his enemies . his majesty , by the blessing of almighty god , being happily restored unto his throne , out of his tender care and respect to the welfare of his loving subjects , conceaving that the authority by the said commissions granted , may , possibly be extended ( contrary to his purpose ) to the dammage and hurt of his true and faithful people , and to the great obstruction of the trade and commerce of his kingdoms and dominions ; for prevention whereof , he is graciously pleased to revoke , annul , and make void , and doth hereby , revoke , annul , and make void , all and every the said commissions , and all powers and authorities in them , or any of them contained , by his majesty , or the duke of york , before the first of may last granted , to any of his subjects or others , for maritime or sea-affairs , in manner as aforesaid , hereby willing and commanding them , and every of them , to forbear the further prosecution , using , or execution of the same commissions , or any thing therein expressed , upon pain of such punishment , as by the laws may , therefore , be inflicted upon them as pirates ; and his majesty doth farther will , require , and command all and every his subjects , who now are in the service of any foreign prince or state , by sea , or in sea-affairs , forthwith , upon notice hereof , to repair to his majesties service , at home , in his dominions . given at our court at whitehal , the fifteenth of june , in the twelfth year of his majesties reign , . london , printed by john bill and christopher barker , printers to the kings most excellent majesty , . his ma'ties speech, [brace] & [brace] the queenes speech england and wales. sovereign ( - : charles i) this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing c ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing c estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) his ma'ties speech, [brace] & [brace] the queenes speech england and wales. sovereign ( - : charles i) charles i, king of england, - . henrietta maria, queen, consort of charles i, king of england, - . england and wales. parliament. house of commons. reasons of the house of commons, to stay the queenes going into holland. broadside. s.n.], [s.l. : . includes: the reasons of the house of commons, to stay the queenes going into holland / delivered to the lords, at a conference the . of july, by john pym esquire ; and delivered the . to his majestie, in presence of both houses, by my lord bankes. reproduction of original in the harvard university library. eng great britain -- history -- charles i, - . great britain -- politics and government -- - . a r (wing c ). civilwar no his maties speech, & the queenes speech, concerning the reasons of the house of commons, to stay the queens going into holland. england and wales. sovereign a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion his maties speech , & the queenes speech , concerning the reasons of the house of commons , to stay the queenes going into holland . ❧ the kings speech . my lords , and gentlemen ; nothing but extreame necessity shall make me willing at this time for to give consent unto the queenes going out of the land ; and i shall be very sorry if the case stand so , that she should be forc't to goe to preserve her health , and i give unto both houses many thanks , for the care they have of my wives health and contentment : therefore i desire there may be a committee of both houses here to morrow , at three a clock , to attend my wife , with these reasons which have now been read to me . the reasons of the house of commons , to stay the queenes going into holland : delivered to the lords , at a conference the . of july , by john pym esquire ; and delivered the . to his majestie , in presence of both houses by my lord bankes . there is great cause to doubt , lest the papists have some designe upon her majesties journey , because the house hath beene informed , that divers of them have sold off their lands to a good value , and used other meanes to get ready money . . it is observed some of them have beene very diligent , gathering great quantities of gold . . it is informed , that more than an ordinary number of papists are gone beyond sea already , and those of the better sort . ii. the great number of english fugitives now beyond the seas , who by their late designes and practises , are knowne to be full of malice to the state , and will no doubt , seeke all opportunities of accesse to , her majesty ; and as much as they can labour to infuse into her such evill counsels , as may trouble the peace of the kingdome , whereof at this time there is more danger , because the affaires of the kingdome are not yet fully settled , and upon disbanding of the army , all parts are like to abound with souldiers , and such others as will be apt to be provoked to tumults and seditions ; especially in the time of the kings absence in scotland . iii. that the house of commons have received information of great quantity of treasure in jewells , plate , and ready money , packt up to be conveyed away with the queene , not onely in such a proportion , as the present occasions with due respect to her majesties honour , may seeme to require , but a farre greater quantity , and that divers papists and others , under pretence of her majesties goods , are like to convey great summes of money , and other treasures beyond the seas , which will not onely impoverish the state , but may be imployed to the fomenting some mischievous attempts , to the trouble , of the publique peace . iv. that as it will be a great dishonour to the state , if her majesty should not be attended and furnished sutably to her quality , so it will be a very heavie burthen in this time of great necessity and occasions of other publique charges , if shee shall be provided in so royall a manner , as shall be fit for her majesty , and the honour of the king and kingdome . v. that because we understand by sir theodore mayerne , that the chiefe cause of her majesties-sicknesse , and distempers , proceed from some discontent of her minde ; the house of commons have thought good to declare , that if any thing within the power of parliament may give her majesty contentment , they are so tender of her health , both in due respect to his most excellent majesty , and her selfe , that they will be ready to further her satisfaction in all things , so farre as may stand with that publike , to which they are obliged . vi . that the commons conceive it will be some dishonour to this nation if her mtie. . should at this unseasonable time go out of the kingdome , upon any griefe or discontent received here , and therefore we shall labour by all good meanes to take away , and prevent all just occasions of her majesties trouble , in such manner , as may further her content , and therein her health , which will be a very great comfort , and joy to our selves , and the rest of his majesties loving subjects . the queenes speech , july . . vvhen the parliament did th' other day expresse their affections to me , in taking into consideration the journey which i had resolved on for the recovery of my health , and represented a desire of my stay , with a tender care of removing all occasions of my indisposition , i could not then give a positive answer , such as i desired for their satisfaction , because i knew not that my health would give way unto it ; but since that time i have resolved to venture my health , and ( for complying with their desires ) not to goe , since my presence here , will be acceptable unto them ; and that they conceive it will be for the good of the kingdome : for i desire nothing more , than to let you see , that i shall in all things be ready to gratifie them , and to serve the state , though ( as i then said ) with the hazard of my life . printed in the yeere . to the kings most excellent majesty the humble petition of the lords spiritual and temporal whose names are subscribed. england and wales. parliament. house of lords. approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing e estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) to the kings most excellent majesty the humble petition of the lords spiritual and temporal whose names are subscribed. england and wales. parliament. house of lords. broadside. printed for h. jones, london : . "presented by the arch-bishop of canterbury ... the th of november, ." reproduction of original in the society of antiquariers library, london. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng great britain -- history -- james ii, - . great britain -- politics and government -- - . - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion to the kings most excellent majesty , the humble petition of the lords spiritual and temporal whose names are subscribed . may it please your majesty , we your majesties most loyal subjects , in a deep sense of the miseries of a war now breaking forth in the bowels of this your kingdom , and of the danger to which your majesties sacred person is thereby like to be exposed , and also of the distractions of your people , by reason of their present grievances , do think our selves bound in conscience of the duty we owe to god and our holy religion , to your majesty and our country , most humbly to offer to your majesty , that in our opinion , the only visible way to preserve your majesty and this your kingdom , would be the calling of a parliament , regular and free in all its circumstances . we therefore do most earnestly beseech your majesty , that you would be graciously pleased with all speed to call such a parliament , wherein we shall be most ready to promote such councels and resolutions of peace and settlement in church and state , as may conduce to your majesties honour and safety , and to the quieting the minds of your people . we do likewise humbly beseech your majesty , in the mean time , to use such means for the preventing the effusion of christian blood , as to your majesty shall seem most meet . and your petitioners shall ever pray , &c. w. cant. grafton . ormond . dorset . clare . clarendon . burlington . anglesey . rochester . newport . nom. ebor. w. asaph . fran. ely. tho. roffen . tho. petriburg . t. oxon. paget . chandois . osulston . presented by the arch-bishop of canterbury , the arch-bishop of york elect , the bishop of ely , and the bishop of rochester , the th . of november , . london , printed for h. jones . . by the king, a proclamation commanding all his majesties subjects and servants that have any office, place, or fee, of his guift or grant, forthwith to give their attendance upon his person england and wales. sovereign ( - : charles i) this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing c ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing c estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) by the king, a proclamation commanding all his majesties subjects and servants that have any office, place, or fee, of his guift or grant, forthwith to give their attendance upon his person england and wales. sovereign ( - : charles i) charles i, king of england, - . broadside. by leonard lichfield ..., printed at oxford : [i.e. ] "given at our court at oxford the twenty second day of march, in the ninteenth yeare of our reigne." reproduction of original in the bodleian library. eng great britain -- history -- civil war, - . great britain -- politics and government -- - . a r (wing c ). civilwar no by the king, a proclamation commanding all his majesties subjects and servants that have any office, place, or fee, of his guift or grant, f england and wales. sovereign a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - paul schaffner sampled and proofread - paul schaffner text and markup reviewed and edited - pfs batch review (qc) and xml conversion royal blazon or coat of arms c r honi soit qvi mal y pense by the king . ¶ a proclamation commanding all his majesties subjects and servants that have any office , place , or fee , of his guift or grant , forthwith to give their attendance upon his person . whereas by a statute made in the eleaventh year of our royall progenitor king henry the seaventh , all our subjects ( other then those that are excepted in that act ) having any offices , fees , or annuities of our guift or grant ( besides their common bond of allegiance ) are bound under the penalty of loosing and forfeiting their offices , fees and annuities , to give their attendance upon us , when we shall fortune to goe in the warres in our own person , for the defence of the realme , or against rebells for the subduing and suppressing of them : and whereas diverse of our subjects that have offices , fees or annuities of our guift or grant , and diverse of our meniall servants , who by their places and offices ought at all times to give their attendance upon our person , have neglected their attendance in the time of this rebellion , when we have been engaged in the warre in our own person ; some upon pretence of leave , or dispensation from us , and some upon other pretences , which we shall no longer permit , as well in regard of our honour , as our safety , being resolved to goe in person , for the subduing and repressing of the rebells in armes against us : we have therefore thought fit to publish this our proclamation , and doe hereby command and require , all our subjects and servants whatsoever , that have any offices , places , fees , or annuities from us or of our guift or grant ( other then such as are in present service or imployment in our armies , or are otherwise imployed in our speciall service by our immediat command ) forthwith to repair to our court at , oxford , and give their attendance upon our person there with all convenient speed , and at the farthest , before the twentieth day of aprill next comming , any leave or dispensation , or pretence of licence from us , of any other pretence or excuse whatssoever notwithstanding letting them hereby know , that in case they shall faile in their attendance at the day before prefixed , contrary to our cormmand published in this our proclamation , or shall notafterwards continue their service and attendance upon us according to their duties , they shall incurre our just displeasure , and we shall hold their fees and annuities as void and determined , and dispose of their places and offices to others , as lost and forfeited by their absence . and we doe hereby revoke and recall all licences , leave or dispensations for absence formerly granted or obtained . given at our court at oxford , the twenty second day of march , in the nineteenth yeare of our reigne . god save the king . printed at oxford , by leonard lichfield , printer to the university . . an ordinance and declaration of the lords and commons assembled in parliament. for the assessing of all such as have not contributed upon the propositions of both houses of parliament for raising of money, plate, horse, horsemen, and armes for defense of the king, kingdom, and parliament, or have not contributed proportionably according to their estates. : with an explanation of the former ordinance declaring that if any person so assessed shall within or dayes ... pay in the money to the treasurers in guild-hall, they shall give acquittances for the same ... to be repaied upon the publique faith ... : likewise an ordinance of both houses of parliament for the better provision of victuals and other necessaires for the army ... england and wales. this text is an enriched version of the tcp digital transcription b of text r in the english short title catalog (wing e ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo b wing e estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. b ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) an ordinance and declaration of the lords and commons assembled in parliament. for the assessing of all such as have not contributed upon the propositions of both houses of parliament for raising of money, plate, horse, horsemen, and armes for defense of the king, kingdom, and parliament, or have not contributed proportionably according to their estates. : with an explanation of the former ordinance declaring that if any person so assessed shall within or dayes ... pay in the money to the treasurers in guild-hall, they shall give acquittances for the same ... to be repaied upon the publique faith ... : likewise an ordinance of both houses of parliament for the better provision of victuals and other necessaires for the army ... england and wales. [ ] p. decemb. . printed for i. wright in the old-bailey, [london] : . "die martis novemb., ." item at : identified as wing ( nd ed.) e is actually wing ( nd ed.) e . reproduction of original in the university of illinois (urbana-champaign campus). library. eng taxation -- law and legislation -- great britain. great britain -- politics and government -- - . great britain -- history -- civil war, - . b r (wing e ). civilwar no an ordinance and declaration of the lords and commons assembled in parliament. for the assessing of all such as have not contributed upon th england and wales. parliament c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion an ordinance and declaration of the lords and commons assembled in parliament . for the assessing of all such as have not contributed upon the propositions of both houses of parliament , for raising of money , plate , horse , horsemen , and armes , for defence of the king , kingdome , and parliament , or have not contributed proportionably according to their estates . with an explanation of the former ordinance , declaring , that if any person so assessed , shall within or dayes ( after notice thereof ) pay in the money to the treasurers in guild-hall , they shall give acquittances for the same , as usuall , to be repaied upon the publique faith . but if they refuse to pay , the collectors shall have power to distreine their goods , imprison their persons , and the families of such dis-affected persons shall no longer remaine within , the city of london . likewise an ordinance of both houses of parliament , for the better provision of victuals , and other necessaries for the army , and for payment and satisfaction to be made for the same . die martis , novemb. . ordered by the lords and commons assembled in parliament that these ordinances bee forthwith printed and published . iohn browne , cler. parl. decemb , . printed for i. wright in the old-bailey . . an ordinance and declaration of the lords and commons in parliament . whereas the king seduced by wicked counsell hath raysed an army , and levyed war against the parliament , and great number of forces are daily raised under the commands of papists and other ill-affected persons , by commissions from his majesty ; and whereas divers delinquents are protected from publike justice by his majesties . army , and sundry outrages and rapines are daily committed by the souldiers of the said army , who have no respect to the lawes of god or the land , but burne and plunder the houses , and seize and destroy the persons and goods of divers his majesties good subjects ; and whereas for the maintenance of the said army divers assessements are made upon severall counties , an● his majesties subjects are compelled by the souldiers to pay the same ; which sa●d army if it should continue , wou●d soone ruine and w●ste the whole kingdome , and overthrow religion , law , and libertie . for suppressing of which said army and ill-affected persons there is no probable way under god , but by the armv raysed by au●hority of the parliament ; which said army so raysed cannot be maintained without great summes of money , yet for raysing such summes by reason of his majesties withdrawing himselfe from the advice of the parliament , there can be no act of parliament passed with his majesties assent , albeit there is great justice that the said monies should be raysed : the lords and commons in parliament , having taken the same into their serious consideration , and knowing that the said army so raysed by them , hath beene hitherto for the most par● maintained by the voluntary contribution of divers well affected persons , who have freely contributed according to their abilities . but considering there are divers others within the cities of london and westminster , and the suburbes of the same , and also within the borough of southwarke , that have not contributed at all towards the maintenance of the said army , or if they have , yet not ●nswerable to their estates , who notwithstanding receive benefit and protection by the same army as well as any others , and therefore its most just that they should as well as others be charged to contribute to the maintenance thereof . be it therefore ordained by the lords and commons in parliament assembled , and by authority thereof ; that isaac pennington lord maior of the city of london , sir john wollaston knight and alderman , alderman towes , alderman warner , alderman andrewes , alderman chambers , alderman fowkes , sir thomas soham knight and alderman , samuel vassell , john venn , morris thompson , and richard vvarrin , citizens , or any foure of them , shall hereby have power and authority to nominate , and appoynt in every ward within the city of london , six such persons as they , or any foure of them , shall thinke fit , which said six , so nominated , or any foure of them , shall hereby have power to enquire of any that shall remaine , or be within the said severall wards that have not contributed upon the propositions of both houses of parliament , concerning the raysing of money , plate , horse , horsemen , and armes , for defence of the king and both houses of parliament , and also of such as are able men , that have contributed , yet not according to their estates & abilities . and the said six persons so nominated or any four of them within their severall and respective wards and limits , shall have power to assesse such person or persons , as are of ability and have not contributed , and also such as have contributed , yet not according to their ability , to pay such sum or sums of money according to their estates , as the said assessors or any foure of them shall think fit and re●sonable , so as the same exceed not the twentieth part of their estates , and to nominate and appoint fit persons for the collection thereof . and if any person so assessed shall refuse to pay the money assessed upon him , it shall be lawfull to and for the said assessors and collectors , or any of them to leavy the said sum so assessed by way of distresse and sale of the goods of the person so assessed , and refusing ; and if any person so distrained shall make resistance , it shall be lawfull to and for the respective assessors and collectors or any of them , to call to their assistance any the trained bands of the said city of london or any other his majesties subjects , who are hereby required to be ayding & assisting to the said assessors and collectors in the premises ; and it is hereby further ordained , that the respective burgesses of westminster and southwark , together with the severall committees appointed for the subscriptions of money , plate , horse , horse-men and armes within the said city and borough shall respectively have power hereby to nominate sessors for the same city and borough , in such manner as the lord major , &c. hath for the city of london , and the said assessors or any foure of them to name collectors as aforesaid ; which said assessors and collectors shall have the same power respectively within their respective limits , as those to be nominated within the said city of london have hereby limit●ed to them . and for the suburbs of london and westminster , the respective knights of the shires where the said suburbs are shall have hereby the like power to name assessors , and they so named , or any foure of them , and the collectors by them to be nominated , or any of them within their respective limits , shall have the like power respectively as the assessors and collectors for london have by vertue of this ordinance . and be it ordained that the sums so assessed and levied as aforesaid shall be paid in at guild-hall london , to the hands of sir iohn wollastone , knight , iohn vvarner , iohn towes , and thomas andrews aldermen , or any two of them ; and the assessors and collectors to be nominated by vertue hereof shall weekely report to the committe of the house , of commons , for the propositions aforesaid , what sums of money have bin assessed , and what sums have bin levied weekely according to the purport hereof , and the said monies so levied and paid in shall be issued forth in such sort as the other monies raised upon the propositions aforesaid , and not otherwise . die martis , . novemb. . vvhereas a late ordinance is passed by both houses of parliament , for the reasons therein declared , for the assessing of all such persons within the cities of london and westminster , and the suburbes thereof , with the burrough of southwark , as have not contributed upon the propositions of both houses of parliament , for raysing of money , plate , horse , horsemen , and armes , for defence of the king , parliament , and kingdome , or have not contributed proportionably to their estates and abilities . and whereas it is thought fit that some additions be made for further explanation and better execution of the said ordinance : be it further ordained and declared by the lords and commons assembled parliament , that such persons as shall be assessed by the respective assessors in the said ordinance appoynted , and shall within six dayes next after notice given to them , or left at their severall houses within the said cities , suburbes , or burrough , pay in the one moity of the said sums of money so assessed , and within twelve dayes after the said notice given as aforesaid , the other moity thereof , unto the treasurers of money and plate in guild-hall london , or unto the collectors appoynted by the said ordinance , respectively to receive the same , that then the said treasurers , or collectors , shall give acquittances for the same , as hath beene done to such who have lent monies or plate , upon the propositions of both houses as aforsaid . and the said monies so payd to the said treasurers , or to the said severall collectors , shall be repayd upon the publike fath , as al other monies lent upon the said propositions of both houses . and as for those who shall so far discover their disaffection , as not to bring in the severall sums of money so assessed upon them to the persons before appoynted , within the times limited , that then their goods shall be distrained and sold according to the said ordinance . and if no sufficient distresse be found , that then the said collectors shall respectively have power to enquire of any summe or summes of money due , or to be due unto them respectively so assessed form any person or persons for any rents , tithes , goods , or debts , or for any other things or cause whatsoever . and the said respective collectors shall have power by vertue of this ordinance , to receive all or any part of the said summes due , or to be due unto them or any of them so assessed , untill the full value of the summe or summes so assessed , and the charges in levying and recovering of the same shall be received and satisfied . and the said respective collectors shall have further power to compound for any of the said rents , tithes , goods , or debts , due unto the said person so assessed respectively as aforesaid , with any person or persons by whom the said rents , tithes , goods , or debts , are , or shall be owing , as also to give full and ample discharge for the money by them so received , upon composition or otherwise , which discharges shall be good and effectuall to all intents and purposes . and if the summe or summes of money so assessed cannot be levyed by any of these meanes or wayes , then the persons so respectively assessed , shall be imprisoned in such places of this kingdome , and for so long time as the committee of the house of commons for examinations , shall appoynt and order : and the families of all such persons so imprisoned , shall no longer remaine within the cities of london , and westminster , the suburbes and the counties adjacent . and be it further ordained , that all and every the assessors and collectors of the said severall summes , shall have the protection of both houses of parliament , for their indemnity in this service , and receive such reasonable allowances for their paines taken and charges disbursed , or to be disbursed therein , as the committee of lords and commons for advance of money and other necessaries for the army , raysed by the parliament , shall apportion and appoynt . an ordinance of both houses of parliament , for the better provision of victuals , and other necessaries for the army , and for payment and satisfaction to bee made for such provisions . die martis , novemb. . it is ordered by the lords and commons in parliament , that committees shall be named in all counties , to take care for provisions of victuals for the army raysed by the parliament , as likewise for the taking up of horses for service in the field , dragooners , and draught-horses , as likewise for borrowing of money or plate to supply the army . which committees , or any two or more of them , shall have power and authoritie , to value all kind of provisions both for men and horse , all kind of horse for service , or otherwise , which shall be voluntarily offered to be lent upon the publike faith , or likewise to receive any money or plate to be lent as before ; and that upon certificate of any two of such committees , the same provisions of horses , money , and plate , and the value thereof shall be entred by the treasurer of the propositions , and shall be repayed to the party from whom the same was received , with like consideration as other money lent . and in case the owners of such provisions , money , plate , and horses , shall refuse or neglect to bring in the same upon publike faith , for the use of the army , for the better preventing the spoyle and embezeling of such provisions of money , plate , and horses , by the disorder of the souldiers , and that they may not come into the hands of the enemies : it is further ordered , that the committees afore-mentioned , or any two of them , be hereby authorized and enabled to send for such provisions , money , plate , and horses , and take the same into their custodie and to set an indifferent value and rate upon them : which value they shall certifie to the treasurers for the propositions , to be repayd at such time , and in such manner , as shall be ordered by both houses of parliament . it is likewise ordered , that the said committees of the severall and respective counties shall meet and consult with the committees of the adjacent and neighbour counties , unto the place or places where the said army or any part thereof shall passe and remaine , concerning the receiving , procuring , valuing , and disposing of such provisions , horses , money , and plate . and if they cannot conveniently meet , that then it shall be lawfull for any two , or more of the committee , to execute the severall services above mentioned in the adjoyning counties , as well as in the countie wherein hee is named a committee ; and that such certificates as they shall make of any provisions , horses , money , or plate , shall be as effectuall for the securities of the parties , as if the same were received and taken within the countie for which hee or they are named committees . and the said committees , or any two , or more of them , shall cause the said provisions to be delivered to the commissarie for the victuals , or to his deputie , and such other officers of the army , who may be charged with the same upon their accompt , and shall certifie the treasurer of the army , or his deputie that so defalcation of the value thereof may be made out of the pay of such officers and souldiers as shall receive the same . and the said committee shall likewise cause all such money and plate to be delivered unto the treasurer of the armie , or his deputie , who shall take care , to convey the plate unto the treasurer for the propositions , and shall be charged with all such money upon his accompt as with other money received from them . finis . a seasonable speech made to the lord maior and common councel of london, by mr. harvey, being accompanied thither with many citizens of qualitie. concerning the great distempers of the times. harvey, edmund, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing h thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) a seasonable speech made to the lord maior and common councel of london, by mr. harvey, being accompanied thither with many citizens of qualitie. concerning the great distempers of the times. harvey, edmund, - . [ ], p. [s.n.], london : printed in the yeare . reproduction of the original in the british library. eng speeches, addresses, etc., english -- early works to . great britain -- politics and government -- - -- sources -- early works to . a r (thomason e _ ). civilwar no a seasonable speech made to the lord maior and common councel of london, by mr. harvey,: being accompanied thither with many citizens of qu harvey, edmund b the rate of defects per , words puts this text in the b category of texts with fewer than defects per , words. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion a seasonable speech made to the lord maior and common councel of london , by mr. harvey , being accompanied thither with many citizens of qualitie . concerning the great distempers of the times . london , printed in the yeare . my lord , wee are all come with one errand consisting of two parts ; first , a discharge of our duties , secondly , the endevour of our safety . the discharge of our dutie lyeth in acquainting your honour , and your worships , with the causes of our feares , perplexities and dangers , with which we are environed , which arise from divers particulars . my lord , lest any here should judge our feares to be groundlesse , and but fancies , give me leave to premise , that as his majestie is the head of this kingdome , and our prayer , with all loyall subjects , is , and ever shall bee , that his highnesse may long , and happily continue so to be : so the two eyes in the head , are the two houses of parliament , the house of lords , and house of commons . my lord , naturallists tell us , that although the act and office of both eyes be one and the same , yet each hath his particular and peculiar distribution of light and knowledge to the faculties , as appeares , in that the soule receiveth light and knowledge by one eye , when the other is fast shut , or wincketh . my lord , if one eye winck , yet the eye of the house of commons is wide open , it seeth cleerely , and by that eye only the commons of england , which are not starke blind , may receive knowledge of and discerne their dangers . my lord , the honourable house of commons unto all their actions lay the line of iudgement , and the plummet of prudence , and they have seene , and we by them , our dangers , at a distance , and in the approaches , with the many good provisions for our safety which that honourable assembly have resolved upon . as . first , that the kingdome should bee put into a warlike posture of defence . . that a navy of ships should be at sea , to surround our coasts , and to hinder the invasion of a forraigne enemy . . that the castles and cinqueports and other maritine ports should be repaired , & put into the custody of persons of honour & trust , deputed thereunto by the authority of the king , to them conveyed by an order of both houses of parliament : all which the house of cōmons would not have done upon fancies , they being most studious how to settle and compose , not to affright , charge , or distract , the people of this kingdome . . that sir iohn biron the now leivtenant of the tower is an unfit man to be cōmander of that cittadell which hath so great a command of this city . and surely , my lord , it appeareth by the merchants petition , that his being lievtenant much hindereth trade , for those merchants that formerly did mynt or put to coyning are now deterred , both from importing , or coining of bullion . my lord , we sensibly feele the smart of trades decay . who seeth not the whole fabrick of the city and kingdome , whose foundation is trade and commerce , much shaken , and , if not speedily repaired , like to bury it selfe in its owne ruine ? my lord , trade is like a clock , if one pinne or wheele be out of order , the whole stands still , or moves disorderly . and now my lord , give me the liberty of an oratour , although i bee none , to end , and close with the highest . my lord , the hous of cōmons have long since resolv'd , that considerable forces from england , and . men from scotland , should be sent for ireland , to relieve that poore gasping nation , against those bloody popish rebels , who most cruelly and barbarously butcher-like murder and make desolate that nation . the knowledge of all which resolutions by the house of commons hath beene communicated to the honourable house of lords ; but there all still dwels while ireland and we in it bleed on to death . my lord , give me leave to soare a littl● higher ; can any history relate so sad a story , as that a kingdome involved with others under one crowne , all holding one faith and profession in religion , was laid waste by an inconsiderable party , as are those bloudy rebels , compared with the strength that england and scotland might afford them : and the desolation not made all at once , but gradually , in three moneths space of time . persons slaine , . families undone , and utterly ruined , and an innumerable company that have tasted of lifes sweetnesse , meerely upon that consideration , turned to the popish partie , and none or no considerable forces to controll that bloody enemy dispatcht ? and yet all this may be truely predicated of england and scotland , in reference to ireland . and this day , my lord , newes is come from ireland , telling us that waterford , and the county of munster , is revolted . who is not secure may see cruelty upon the legs of fury comming in a iehu march towards us . if any be as fast asleep as was peter , let him awake , it 's now a time for peters prayer to be made use of , there is now no time for neutralitie or indifferency , it befits all to be positive , and let none think that if that flame which burneth ireland , an already sore scorcheth us , be not presently quenched , but that it will totally devoure us also . and now , my lord , we are come to the second part of our errand , namely to endeavour our safety , for which we fight with the all-ages-allowed weapons , our supplications , and in all humble manner pray your honour , and right worshipfull you the aldermen , and the rest of this assembly , to be pleased to joyne together , heartily , effectually , and speedily , to petition the honourable house of lords , that the kingdome may be put into a warlike posture of defence , and chiefly that to ireland may be sent speedy and sufficient aide , and that the fore-named , or what other resolution of the house of commons tending to englands safety or irelands succour , and lye obstructed in the house of lords , may be thence discharged , and have life given unto them by execution , and use , as may tend to the restauration and peace of the kingdomes . finis . a full declaration of the true state of the secluded members case. in vindication of themselves, and their privileges, and of the respective counties, cities and boroughs for which they were elected to serve in parliament, against the vote of their discharge, published in print, jan. . . by their fellow members. compiled and published by some of the secluded members, who could meet with safety and conveniencie, without danger of a forcible surprize by red-coats. prynne, william, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing p thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) a full declaration of the true state of the secluded members case. in vindication of themselves, and their privileges, and of the respective counties, cities and boroughs for which they were elected to serve in parliament, against the vote of their discharge, published in print, jan. . . by their fellow members. compiled and published by some of the secluded members, who could meet with safety and conveniencie, without danger of a forcible surprize by red-coats. prynne, william, - . [ ], , [ ] p. printed, and are to be sold by edward thomas, at the adam and eve in little britain, london : . attributed to william prynne. includes a list of the secluded members. annotation on thomason copy: " . jan: "; the imprint date has been crossed out. reproduction of the original in the british library. eng england and wales. -- house of commons. -- parliament -- early works to . great britain -- history -- commonwealth and protectorate, - -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason e _ ). civilwar no a full declaration of the true state of the secluded members case.: in vindication of themselves, and their privileges, and of the respecti prynne, william d the rate of defects per , words puts this text in the d category of texts with between and defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - elspeth healey sampled and proofread - elspeth healey text and markup reviewed and edited - pfs batch review (qc) and xml conversion a full declaration of the true state of the secluded members case . in vindication of themselves , and their privileges , and of the respective counties , cities and boroughs for which they were elected to serve in parliament , against the vote of their discharge , published in print , jan. . . by their fellow members . compiled and published by some of the secluded members , who could meet with safety and conveniencie , without danger of a forcible surprize by red-coats . mal. . . have we not all one father ? hath not one god created us ? why do we deal treacherously every man against his brother , by prophaning the covenant of our fathers ? cor. . . nay , you do wrong and defrand , and that your brethren . london printed , and are to be sold by edward thomas , at the adam and eve in little britain . . a full declaration of the true state of the matter of fact , concerning the secluded members of the house of commons of the parliament , begun at westminster , november d. . for the clearer stating of their case , it will be necessary to have a retrospect to the year . and to observe down-wards such proceedings , as had a direct influence upon this matter . in order whereunto it must be considered , that in the said year , some mis-understandings arising between the king , and his two houses of parliament , concerning some evil counsellors about the king , at which style his m●jesty took offence , the two houses in their a declaration of the . of may . have this expression in answer thereunto , we his majesties loyal and dutifull subjects , can use no other style , according to that maxim in the law , the king can do no wrong : but if any ill be committed in matter of state , the council ; if in matters of justice , the judges must answer for it . they add further , b we cannot but justly think , that if there be a continuance of such i●l counsellors , they will by some wicked device or other make the bill for the triennial parliament , and those other excellent laws passed this parliament , of no value ; and we are resolved , the gracious favour of his majestie expressed in that excellent bill , for the continuance of this parliament , and the advantage and security which thereby we have from being dissolved , shall not incourage us to do any thing which otherwise had not been fit to have been done . and after by their c remonstr : of the of may . they gave this as a character of those evil counsellors , viz. these are the men that would perswade the people , that both houses of parliament containing all the peers , and representing all the commons of england , would destroy the laws of the land , and liberties of the people : wherein , besides the trust of the whole , they themselves in their own particulars , have so great an interest of honour and estate , that we hope it will gain little credit , with any that have the least use of reason , that such as must have so great a share in the misery , should take so much pains in the procuring thereof ; and spend so much time , and run so many hazards to make themselves slaves . and they conclude that declaration with these words : we doubt not but it shall in the end appear to all the world , that our endeavours have been most hearty and sincere , for the maintenance of the true protestant religion , the kings just prerogatives , the laws and liberties of the land , and the privileges of parliament : in which endeavours by the grace of god we will still persist , though we should perish in the work : which if it should be , it is much to be feared , that religion , laws , liberties and parliaments , would not be long lived after vs . jealousies and differences increasing between the king and the two houses , they came at length to an open war ; in the entrance whereunto , the lords and commons assembled in parliament , published a declaration in aug. . in the preamble whereunto they assert ; d that a malignant party was then in armes against them , to the hazarding of his majesties person , and for the oppression of the true religion , the laws and liberties of this kingdom , and the power and privilege of parliament : all which every honest man is bound to defend ; especially those who have taken the late protestation , by which they are more particularly tyed unto it , and the more answerable before god should they neglect it . and finding themselves engaged on a necessity to take up armes likewise for the defence of those , which otherwise must suffer and perish ; they did then think fit , to give that account unto the world , to be a satisfaction unto all men , of the justice of their proceedings , and a warning to the people , to let them see the necessity and duty which lay upon them to save themselves , their religion and country . in the body of the e declaration they charge the malignant party , with an endeavour to possess the people , that the parliament will take away the law , and introduce an arbitrary government ; a thing which every moral man abhors , much more the wisedom , justice , and piety of the two houses of parliament ; and in truth such a charge , as no rational man can believe it , it being impossible so many several persons , as the houses of parliament consist of , about * . and in either house all of equal power , should all of them , or at least the major part , agree in acts of will and tyranny , which make up an arbitrary government ; and most improbable , that the nobility , and chief gentry of this kingdom , should conspire to take away the law , by which they enjoy their estates , are protected from any act of violence and power , and differenced from the meaner sort of people , with whom otherwise they would be but fellow-servants . they then further charge the said malignant party f to have combined to bury the happiness of the kingdom , in the ruine of the parliament , and by forcing it , to cut up the freedom of parliament by the root , and either take all parliaments away , or which is worse , make them the instruments of slavery to confirm it by law , and leave the disease incurable : with compelling the trained bands by force , to come in and joyn with them , or disarming them , and putting their arms into the hands of lewd and desperate persons , thereby turning the arms of the kingdom against it self ; and with an intention to destroy the parliament , and be masters of our religion and liberties , to make us slaves , and alter the government of this kingdom , and reduce it to the condition of some other countries , which are not governed by parliaments , and so by laws . and upon these grounds they conclude that declaration in these words . g therefore we the lords and commons are resolved , to expose our lives and fortunes for the defence and maintenance of the true religion , the kings person , honour and estate , the power and privilege of parliament , and the just rights and liberties of the subject . and for the prevention of this mischievous design , the alteration of our religion . and we do here require all those who have any sence of piety , honor or compassion ▪ to help a distressed state , especially such as have taken the protestation , and are bound in the same duty with us unto their god , their king and country , to come in unto our aid and assistance , this being the true cause for which we raise an army , under the command of the earl of essex , with whom in this quarrel we resolve to live and dye . and in the declaration and resolution of both houses , in answer to the kings proclamation against the h earl of essex , they have these words , viz. and whereas the lords and commons in parliament , did formerly choose the earl of essex to be captain general of such forces as are or shall be raised for the maintenance of the true protestant religion , the kings person , the law of the land , the peace of the kingdom , the liberty and propriety of the subject , and rights and privileges of parliament ; the said lords and commons do declare , that they will maintain and assist him , and adhere unto him the said earl , with their lives and estates in the same cause , as in conscience and duty to god , the king and their country , they are bound to do . and the i petition of both houses sent to the king by the earl of essex , when he marched in the head of the parliaments army saith , that they have for the just and necessary defence of the protestant religion , of his majesties person , crown : and dignity , of the laws and liberties of the kingdom , and the privilege and power of parliament , taken up arms . the two houses of parliament having thus taken up arms , and declared the cause thereof , no successe made them in the least to vary from it ; but in the very heat of the war , and whole prosecution thereof to the end , they asserted and adhered to the same cause , as appears in all their remonstrances , declarations , orders and ordinances , during the war : which being over-tedious to transcribe at large , some material passages to that effect , shall only be inserted , viz. in the k directions from both houses , given to the earl of essex , general of the army ; the cause is asserted to be , in defence of religion , his majesties person , the liberties and laws of the kingdom , and privilege of parliament and in the l declaration , and protestation of the lords and commons in parliament to this kingdom , and to the whole world , dat. octob. . . ( a day before the battel of edghil , ordered to be read in all churches and chapels ) wherein they expresse their resolution , to enter into a solemn oath and covenant with god , they conclude with these words , viz. we doubt not but the god of truth , and the great protector of his people , will assist and enable us , in this our just defence , to restrain the malice and fury of those that seek our ruine , and to secure the persons , estates , and liberties of all that joyn with us : and to procure and establish the safety of religion , and fruition of our laws and liberties , in this and all other his majesties dominions ; which we do here again professe before the ever-living god , to be the chief end of all our councils and resolutions , without any intention or desire to hurt or injure his majestie , either in his person or just power . and whereas in the m kings proclamation of the . of octob. . it is alledged , that the war raised against him , was to take away his life , to destroy his posterity , to change the protestant religion , to suppresse the law of the kingdom , and to take away the liberty of the subject , and to subject both to an arbitrary power ; and in one of his majesties declarations ▪ there was this allegation , that the army raised by the parliament , was to depose the king ; thereupon both houses of parliament in a declaration after the bloody battel of edghill , in answer to this charge and declaration , have these words , n we hoped the contrivers of that declaration , or any that professed but the name of a christian , could not have so little charity as to raise such a scandal , especially when they must needs know the protestation taken by every member of both houses , whereby they promise in the presence of almighty god , to defend his majesties person ; the promiss and protestation made by the members of both houses , upon the nomination of the earl of essex to be general , and to live and dy with him ; wherein is expressed , that this army was raised for the defence of the kings person . and in the same declaration , they rejoyce that his majestie , and his children escaped danger in that battel . in the o remonstrance of the lords and commons of the d . of nov. . there is this passage . as god is witnesse of our thoughts , so shall our actions witnesse to all the world , that to the honour of our religion , and of those that are most zealous in it , we shall suffer more from and for our soveraign , than we hope god will ever permit the malice of wicked counsellors to put us to ; and though the happiness of this and all kingdoms dependeth chiefly upon god , yet we acknowledge that it doth so mainly depend upon his majestie , and the royal branches of that root , that as we have heretofore , so we shall hereafter esteem no hazard too great , no reproach too vile , but that we shall willingly go through the one , and undergo the other , that we and the whole kingdom , may enjoy that happiness which we cannot in an ordinary way of providence expect from any other fountain or streams , than those from whence ( were the poyson of evil councils , once removed from about them ) we doubt not but we and the whole kingdom should be satisfied abundantly . the same remonstrance also hath these words . p we do not say the royal assent is not requisite in the passing of laws , nor do , or ever did we say , that because his majestie is bound to give his consent to good laws , presented to him by his people in parliament , that therefore they shall be laws without his consent , or at all obligatory : saving only for the necessary preservation of the kingdom , whilst that necessity lasted , and such consent cannot be obtained . and again , (q) we did and do say , that the soveraign power , doth reside in the king , and both houses of parliament . it follows in the same remonstrance , r having the honour of god , and of his majestie , and the peace , freedom and prosperity of this kingdom , chiefly before our eyes in our propositions , and in all our actions , we rest assured , that both god and man , will abhor and abominate that monstrous and most injurious charge , laid upon the representative body of this whole kingdom , of desiring the ruins , not only of his majesties person , but of monarchy it self : and we appeal to all the world , whether worse words than these can be given us ; and whether it be not high time for us to stand upon our defence , which nature teacheth every man to provide for , and this kingdom ( unlesse it be very unnatural , and very unmindfull of it self ) cannot but afford to them , whom it hath intrusted , and by whom it is represented ; and if the major part of both houses , may sit free from force , we doubt not , but that they will not only make it good , that they have done themselves and the whole kingdom right in their de●larations , and offered no wrong , nor done any prejudice at all to his majestie , but also be very sensible of the great indignity offered to the representative body of this whole kingdom , by the contrivers of the kings answer , and will make such persons ( that delight to foul their own nests , and to cast dirt in the face of the kingdom ) instances of their exemplary justice , so soon as they shall be discovered , and brand both them and their doctrin with the marks of their perpetual scorn and indignation . and for a tast of their horrid doctrine , these particulars are mentioned from the declaration , that remonstrance answers , viz. s that his majestie , or any other person , may upon suggestions and pretences of treason , felony , or breach of the peace , take the members of parliament , out of either house of parliament , without giving satisfaction to the house whereof they are members , of the ground of such suggestion or accusation , and without and against their consent , so they may dismember a parliament when they please , and make it what they will , when they will . that the representative body of the whole kingdom , is a faction of malignant , scismatical and ambitious persons , whose design is and alwaies hath been , to alter the whole frame of government , both of church and state , and to subject both king and people to their own lawlesse arbitrary power and government , and that they design the ruine of his majesties person , and of monarchy it self , and consequently that they are traytors , and all the kingdom with them ( for their act is the act of the whole kingdom ) and whether their punishment and ruine may not also involve the whole kingdom in conclusion , and reduce it into the condition of a conquered nation ; no man can tell , but experience sheweth us , that successe often draws men not only beyond their professions , but also many times beyond their intentions . likewise in the t declaration of both houses , dated novemb. . . for the encouragement of the apprentices , to list themselves under the earl of warwick , the cause is declared to be , for the defence of religion , and liberty of the kingdom , his majesties royal person , the parliament , and the city of london . in the u declaration of the lords and commons of the th . of december , . the parliaments army is said to be raised for the necessary defence of the true protestant religion , the king , parliament and kingdom . and in the x declaration of both houses concerning a treaty of peace made by cheshire alone , it is held forth , that they ought not to withdraw themselves from the common cause , but to joyn with the parliament in the defence of the religion , and liberty of the whole kingdom , and with them to labour by all good means to procure a general peace and protection from the king for all his subjects , according to their general protestation . in like manner in the y declaration of the th . of january . for a subscription of mony and plate for supply of the army , the cause of the war is expressed to be , for the preservation of religion , as well as the just and undoubted power and privilege of parliament , our laws and liberties from most apparent destruction . and in the z preamble to the propositions of both houses tendred to his majesty , fe●r . . . they say , that they took up arms for the defence of our religion , laws , liberties , privileges of parliament , and for the sitting of the parliament in safety . likewise in the first a ordinances for a general weekly assesment , wherein the whole kingdom was to be satisfied , that they might freely pay their mony , the same cause is held forth . the b associations also of the several counties of the kingdom were setled for the same cause . in the year . c the solemn league and covenant was taken by all members of parliament , and throughout the kingdom , in maintenance of the same cause , as appears by the covenant , and the exhortation to the taking of the same . the kingdom of scotland engaged with us in the same cause . and all d commissions to the generals and army-officers were in the name of king and parliament . and when a new army was raised of . men under the command of sir tho. fairfax , by e ordinance of both houses dated the th . of febr. . it is held forth to be , for the defence of the king and parliament , the true protestant religion , the laws and liberties of the kingdom . an ordinance , dated . aug. . for raising of forces to be commanded by sir william waller , is for defence of the king , kingdom , parliament and city . lastly , ( to mention no more ) towards the end of the war the house of commons alone published a memorable f declaration , dated the th . of april , . called , a declaration of their true intentions concerning the antient government of the kingdom , and securing the people against all arbitrary government , &c. wherein remembring the aspersions cast upon them in the beginning of the war , and that the same spirits were still working and mis-representing their intentions , and not ceasing aswell in print as otherwise , to beget a belief , that they then desired to exceed or swerve from their first ayms and principles in the undertaking of this war , and to recede from the solemn league and covenant , and treaties between the two kingdoms , and that they would prolong the troubles and distractions in order to alter the fundamental constitution and frame of this kingdom , to leave all government in the church loose and un●etled , and our selves to exercise the same arbitrary power over the persons and estates of the subjects ▪ which this present parliament hath thought fit to abolish , by taking away the star-chamber , high commission ▪ and other arbitrary courts , and the exorbitant power of the council-table ; all which being seriously considered by them , and fore-seeing , that if credit were given to such dangerous in●inuations and false surmise , the same would not only continue the then calamity , and involve us into new and unexpected imbroylments : but likewise inevitably endanger the happy issue and success of their endeavours , which by gods blessing they might otherwise hope for ; they did declare in these words ; we do declare , that our true and real intentions are , and our endeavours shall be , to settle religion in the purity thereof , according to the covenant , to maintain the antient and fundamental government of this kingdom , to preserve the right and liberty of the subject , to lay hold of the first opportunity of procuring a safe and well-grounded peace in the three kingdoms , and to keep a good understanding between the two kingdoms of england and scotland , according to the grounds expressed in the solemn league and covenant , and treaties , which we desire may be inviolably observed on both parts . and lest these generals should not give a sufficient satisfaction , they thought fit , to the end men might be no longer abused in a misbelief in their intentions , or a mis-understanding of their actions , to make further inlargement upon the particulars , most worthy a diligent peru●al and consideration . amongst which they have this observable passage , viz. and whereas a safe and good peace is the right end of a just war , there is nothing we have more earnestly desired , nor more constantly laboured after , and to that purpose both houses of parliament have framed several propositions to be sent to the king ; wherein we are so far from altering the fundamental constitution and government of this kingdom , by king , lords and commons , that we have only desired , that with the consent of the king such powers may be settled in the two houses , without which we can have no assurance , but that the like or greater mischiefs than these , which god hath hitherto delivered us from , may break out again , and ingage us in a second and more destructive war . whereby it plainly appears , our intentions are not to change the antient frame of government within this kingdom , but to obtain the end of the primitive institution of all government , the safety and weal of the people . and then that declaration concludes thus , and for the covenant , we have been and ever shall be very carefull to ob●erve the same , that as nothing hath been done , so nothing shall be done by us repugnant to the true meaning and intention thereof , nor will we depart from those grounds and principles upon which it was framed and founded . this decl. was then indeed of that moment , to quiet the jealousies , and settle the distempers of the kingdom , g that of them were ordered to be printed for the use of the parliament . and the knights and burgesses ordered , to take care for the speedy sending down and publishing them in the respective counties and places for which they ●erved . and by special order of the house , sir arthur has●erig , sir john eveling , and two others , were to take care that the printed declarations were published , set up , and ●●xed in every parish-church by the church-wardens , or other officers of the said parish , which they were by the said order required and enjoyned to ●ee published , set up and fixed in the said parish-church accordingly . way being thus made to the narrative and treaty , we proceed . the two houses of parliament , having thus for the space of six years or thereabouts , been ingaged in a war , for the defence and maintenance of the protestant religion , the kings person , honour and estate , and his royal posterity , the power and privileges of parliament , and the laws and liberties of the kingdom , as appears by all their said declarations , orders , ordinances and publick writings , in the prosecution wherof , they did also declare , * that there was a design carried on by the forces levied against the parliament , to alter our religion , and the antient frame and constitution of the government , both in church and state , and the laws and liberties of the kingdom , and to introduce popery and idolatry , together with an arbitrary form of government . and having in the heat of the war , sent propositions several times , and entred into divers treaties with his late majesty , for a safe and well-grounded peace , which had not the desired effect ; at the cloze of the war , finding the distempers of the kingdom continued , though all adverse armies and garrisons were reduced , and well remembring , that in the begining of the war , they had called god to witnesse , that the safety of the kingdom and peace of the people was their only aime ; they did in july . resolve upon a personal treaty with the king , the general desires of the city of london , and the rest of the people concurring therewith . and in pursuance thereof , the commons assembled in parliament , that they might have a full house , published the following declaration . die martis . septembris . a declaration of the commons assembled in parliament , concerning the summoning of the members to attend the house on tuesday the . of septemb. . whereas , both houses of parliament have agreed upon a personal treaty with his majestie , which is speedily to commence , for the management whereof , the * attendance of all the members of parliament , wil be very necessary , because in the multitude of counsellors there is safety , and in the successe thereof , the alaying of the present distempers , and future happinesse of this kingdom , is so highly concerned ; it is therefore ordered and declared by the commons assembled in parliament , that the respective sheriffs of each county , within the kingdom of england , and dominion of wales , do forthwith upon receipt hereof , give particular notice to all the members of the house of commons , residing and being within their respective counties , to attend the house on tuesday the th . septemb under the penalty of twenty pounds , fixed upon the defaultors ; that day being appointed for calling of the house . the members attended from all parts accordingly , and there were appointed the earls of northumberland , pembrook , salisbury , middlesex , and the lord say , for the lords house ; and mr. william pierpoint , sir henry vane , junior , and eight more of the house of commons , commissioners to carry on the treaty with his majestie , at the isle of wight ; who took great pains therein , and finished the treaty by the end of november . and on december the first , the commissioners of the house of commons , made their report of the treaty in the house ; who presently entred into debate thereof , and continued the debate , dec. d . d. th . & th . when after a long , and serious debate , in a full house ( notwithstanding the menaces of the army , who had marched up to london , and westminster , contrary to the orders of the house , removed their own guards , and put new ones upon them , and their insolent and rebellious declaration of the th . of novemb. . ) they came to this resolution , without any division of the house , viz. die martis . decembris . resolved upon the question , that the answers of the king to the propositions of both houses , are a ground for the house to proceed upon , for the settlement of the peace of the kingdom . the just grounds and reasons of which vote , do partly appear in all the forecited declarations , and proceedings of both houses during the war , the oaths , protestation , league and covenant , they took as members ; the writs by which they were elected , and the indentures by which we were returned , impowered , intrusted ; but more particularly in the vindication of the imprisoned and secluded members of the commons house , from the aspersisions ●ast upon them , and the majority of the house , in a printed paper of the gen-council of officers , jan. . in answer to the demands of the commons assembled in parliament , concerning the securing or secluding the members , jan. . . and * much more might be added , if that were our present work ; but intending a bare narrative of matter of fact , we proceed . the same day the house appointed a committee , viz. mr. william peirpoint , and others to go to the officers of the army for the preserving of a right understanding and good correspondency between the house , and the general and army . the committee repairing to the head quarters that afternoon , were so rudely entertained , that some of them were secured by the army-officers , and the rest put off and slighted without any conference that day . the members comming in the usual manner to the house on wednesday the . of dec. the army-officers ( contrary to orders of the house ) having sent divers regiments of horse and foot early in the morning to westminster in a hostile manner , they placed themselves in the palace-yard . court of requests , the hall , court of wards , the stairs , and the lobby of the house , and all the avenues , to imprison and seclude those members who assented to the vote ; colonel pride and other officers who commanded the guards having in their hands an alphabetical list of the members names designed to be secured and secluded , given them ( as they confessed ) by some of the d●ssenting members , above forty of them were imprisoned , and above a hundred more of them forcibly secluded that very day , and the next , and * two pulled out of the house it self , into which they were got before the officers espyed them . the . members they had seised ( being the legal number of a house capable to vote ) they secured that day in the queens court , and afterwards for several daies ; using them in a barbarous and inhuman manner , forcing them the first night ( though divers of them grave aged persons of quality , and tenderly bred , ) in that cold frosty snowy weather , to lye upon the bare boards , in a place called h●ll in westminster , and next night ( after a whole daies attendance on them at whitehall , without vouchsafing to speak with any of them , though sent for & carried ●hither to confer with them ) sent them prisoners to the kings head and swan in the strand , through the snow and di●t , guarded with three musquiteers apiece , and horse besides , like the vilest felons and traytors , in such sort as no prisoners of war , of any quality , were ever used by them , and detained most of them prisoners sundry weeks at the said common● innes , though many of them had houses of their own in town , sendi●g some of them close prisoners to st. james , and afterwards to windsor castle , and other garrisons divers years space , without the least particular accusation , impeachment , hearing or tryal , their dissenting fellow-members the● sitting , not so much as compassionating their barbarous usages , or taking any effectual course for their inlargement . those few members permitted by the army to fit , dec. ● . had ye● so much seeming resentment of this greatest and most horrid violation of the privileges of parliament , ever attempted in any age , that as it appears in the iour●all of the house , wednesday the sixe of december , . the house being informed , that divers members comming to attend the house were stayed and carryed to the queens court or court of wards , commanded the serj●ant to go to them , and require them to attend the hou●e . mr. 〈◊〉 brings word , that he signified to the members in the queens court , viz. that it was the pleasure of the house , that they should forthwith come and attend the house : the members seemed willing to consent , but an officer there gave him this answer , that he could not suffer them to come , untill he had received his orders which he had sent for . the same day lieut. col. axtel , & others coming with a message from the general , they were twice called in , and acquainted the house , that his excellency the lord general , and the general council of officers had commanded them to acquaint the house , that they had something to declare to this house this morning , of very great concernment , which will be presently ready for their view . this seems to be a message sent to prevent the house rising before they came , their proposals not being yet ready . mr. speaker returned answer ; that the house will be ready to receive it . some space after , the officers from the general , coming to the door , they were called in , and * col. whaley acquainted the house , that they were commanded by his excellency the lord general , and the general council of the officers , to present something to this house , the which the officers being withdrawn was read , and was directed , to the honorable the commons of england , in parliament assembled , and entituled ; the humble proposals and desire of his excellency the lord general , and the general council of officers , decemb. . . in order to a speedy prosecution of justice , and the settlement , formerly propounded by them . the said proposals were ushered in with two words , propound and demand , language unfit for a parliament , and stuft with falshoods , and unjust scandals against the imprisoned and secluded members ; and chiefly they took particular notice of the vote of the said . of decemb. charging the said members with breach of trust therein , and desired , that all such faithfull members , who are innocent of the said vote , would immediatly by protestation or publick declaration , acquit themselves from the guilt of concurrence in the said vote , that the kingdom may know who they are that have kept their trust , and distinguish them from the rest , that have thus falsified the same ; and that all such , as cannot or shall not so acquit themselves particularly , may be immediatly excluded and suspended the house , and not re-admitted , untill they shall have given clear satisfaction therein , to the judgement of those who now so acquit themselves , and the ground of such satisfaction be published to the kingdom . notwithstanding these proposals , the house then resolved that the committee formerly appointed , do confer with the general for discharge of the members . thursday the th . of december . ( as appears by the entries in the journal ) a letter from sir thomas dacres , and mr. dodderidg , dated the same day , half an hour past . in the morning , was read in the house , signifying , that coming to attend the house to do their duties , they were kept back by force . the like signification was made of the like usage to sir edward partridge . also a letter from westminster , th . decemb. . from sir martin lumley , sir john temple , george booth , thomas waller , thomas middleton , mr. brampton gurdon , esay thomas , and arthur owen , signifying their restraint from coming to the house , to do their duty there , by some of the souldiers of the army . the same day mr. pierpoint delivers in two papers from the conference with the general , appointed by order yesterday , for the discharge of the members , the which were read , viz. the committees first paper . vve having command from the house of commons , to let y●ur excellency know , that divers members of the ▪ house of commons , are this day taken and detained by your excellencies army : it is their pleasure , that they be discharged , for which we desire your excellencies present order , that it may be done accordingly . the general , and general council of officers answer . having seen the order , upon which your last paper is given in , we do not conceive it to be the * positive pleasure of the house , that the members be discharged ; but concerning their discharge , for which you are appointed to confer , so soon as we shall receive the resolution of the house , upon that paper , this day sent in by us to the house , which concerns those persons detained , we shall then be prepared , to give you answerable satisfaction , in relation to that particular . the committees second paper . in answer to your paper of the sixt of decemb. instant , now delivered , wherein you do refer to a paper , sent by you to the commons , we affirm , that since the reading of that paper by the house , it was exprest by them to be their positive pleasure ▪ that the members of that house , this day taken and detained , by some of the officers and souldiers of the army under your excellencies command be forthwith discharged and therefore we do insist that according to our former paper , the said members be forthwith discharged the general council of officers final answer . in return to your last paper , concerning your insisting for the discharge of the members , we refer to our former answer , and have no more to say to that particular , till we receive the resolutions of the house upon our paper this day sent to them , decemb. . . the house being thus twice ba●led and positively disobeyed by the officers , did nothing hereupon : yet these demands of their release notwithstanding the armies proposals and papers , evidence , that they did not deem their vote , any ●reach of their trust , or just ground for their seclusion . after this , several attempts were made by divers members , which the army still suffered to sit , viz. william pierpoint , esq sir john evelin of wilts , william ashurst , esq mr. nathaniel stephens , and many others , to have the so highly broken privileges and freedom of parliament vindicated , and pressed hard , that * according to the constant course of parliament , no proceedings might be till that were first done ; but labouring many daies in vain , and finding the force continued upon the house , and secluded members , they also withdrew , and never sat since . after their withdrawing , dec. , & the sitting members repealed and nulled the votes of febr. . & dec. . according to the armies proposals : and this was the first time the house declined their privileges . tuesday the th . of de● . . the question being propounded , that a committee do go unto the general , to know of him upon what ground the members of the house are restrained , from coming to the house , by the officers and souldiers of the army , the house was divided . the year went forth . tellers for the noes , . mr. smith . mr. martin . tellers for the yeas , . mr. cary . mr. pury . so it passed with the affirmative , for the members . resolved , that a committee do go unto the general , to know of him upon what ground , the members of the house are restrained from coming to the house , by the officers and souldiers of the army . and a committee was appointed accordingly . hitherto the major part of the house , appeared sensible of their privilege , though most of the members were imprisoned , secluded , or withdrawn as aforesaid , and there were but . of . in the negative . friday the th . of decemb. a committee was appointed to enquire , who printed , contrived or published , the scandalous paper , entituled , a solemn protestation of the imprisoned and secluded members of the commons house , against the horrid force and violence of the officers and souldiers of the army , on wednesday and thursday last , being the . & . of decemb. . which did declare all proceedings in the house of commons , null and void , during the forcible seclusion of the majority of the members , and the actual force upon the house , according to the ordinances of both houses , aug. . and ▪ the same day an ordinance passed both houses , ( when there were but . commons , and . lords present ) against the said protestation ; judging and declaring , the said printed paper to be false , scandalous and seditious ; and that all persons , that have had any hand in , or given consent unto the contriving , framing , printing or publishing thereof , shall be adjudged , and hereby are adjudged , uncapable to bear any office , or have any place of trust or authority in the kingdom , or to sit as members of either house of parliament . and they did further order and ordain , that every member of either house , respectively then absent , upon his first coming to sit in that house whereof he is a member , for the manifestation of his innocency , shall disown and disclaim his having had any hand in , or giving consent unto the contriving , framing , printing or publishing of the said paper , or the matter therein contained . but as no member was charged with , or convicted in particular of having any hand in the said paper , so it doth not appear by any entry in the journal book of the house , that any member was put to such disavowal or disclamor , which if they had , there is no doubt they would generally and freely have made it . monday the th . of decemb. . before any return was made by the general , of the grounds upon which he restrained the members from comming to the house , in complyance with the said proposals of the army , they resolved upon the question , that this house do declare , that liberty be given to the members of this house to declare their dis-assent to the vote of the d. of december , . and the same day they ordered , that it be referred to the former committee for drawing an attestation , to bring in a declaration , how and in what manner and form the said dis-assent shall be entred . this was the second time that the house declined their privileges . wednesday , decemb. . . the house again debated the question , whether the former message to the general be renewed by the same committee , concerning the members that are absent ; and it was carryed in the affirmative by . against . so at that time there were but . in the house , against the restoring of the members . the same day , mr. scot reports the opinion of the committee appointed to draw a declaration , how and in what manner and form the dissent of the members to the vote of the th . of decemb. . shall be entred . and 't was resolved that the manner be , that such gentlemen as were present at the vote , do stand up and say , that they did dissent from the said vote ; which form , contrary to all presidents , and the very being and freedom of parliament , being agreed upon , the same day the dissent of the members following is entred , viz. col. boswell . lord gray . mr. peregri●● pel●am . col. jones . mr. richard darley . col. temple . sir thomas malevery . sir john bouchier . col. peter temple . mr. humph. edwards . mr. james challenor . sir gregory norton . mr. oldsworth . mr. garland . mr. nich. l●ve . mr. lisle . col. rigby . mr. holland . col. ludlow . mr. clement . col. purefoy . col. stapley . mr. dunch . mr. cawly . col. downes . mr. cary . mr. blaxtone . mr. scot . sir john danv●rs . mr. henry smith . mr. john pry . mr. george serle . mr. dove . in all . so that it appears there was not yet the number of a house , which must be forty at the least , that dissented to that vote , though above . were kept away by force concurring with it . decemb. . col. hutchinson . sir hen. mildmay . sir james harrinton declare their dissents to the vote of decemb. . monday dec. . . col. harvey . alderman pennington . mr. main . alderman atkins . mr. blagrave . col. m●or . mr. millington . declare their dissents to the said vote of decemb. . there being now almost after three weeks time , and such strange tran●actions as before , only . dissenters to the vote of decemb. . . and that in obedience to the armies proposals of the th . of december . upon thursday the th . of january . the house was conceived sufficiently garbled and fitted for the humble answer of the general council of officers of the army , jan. . to the demand of the house dec. . touching the late securing or secluding the members thereof ; which was this day read ; and though the same was notoriously false , and highly scandalous to the secured and secluded members , as appears by their vindication published the th . of january , which never received reply : yet the house ▪ ( without so much as summo●ing or hearing of the said members , ) resolved , the said th of january , that they approve of the substance of the said answer of the general council of officers of the army , to the demand of the house , touching the securing or secluding some members thereof . and appointed a committee of the dissenters to consider , what was further to be done upon the said answer of the general council , and to present the same to the house . and because ( it seems ) the said committee was slack in meeting and making their return . on monday the th . of january , the house , consisting of the said . dissenters , ordered , that the said committee be enjoyned to meet and bring in their report on monday next . but to give them a sure rule to walk by , and to prevent the sitting of any but dissenters , it was resolved , at the same time , that no member of this house that gave his consent to the vote of the fifth of december ●●●t , do presume to sit in this house , untill this house take further order ; though it was evident the dissenters ▪ were yet but . and the number present at the votes were . so that by this vote made but by the . who had entred their dissents , all others must be presumed to be yet con●●nters to the vote . this last vote brought in afterwards by degrees some more dissenters for thursday , february . . mr. whitaker . the lord monson . mr. weaver . mr. lassells . mr. boon . mr. t. chaloner . mr. waite . mr. harbert . mr. mackworth . mr. poynes . mr. miles corbet . mr. say . sir thomas jervice . mr. trenchard . alderman wilson . mr. wogan . mr. baker . sir tho. witherington . mr. pury . mr. heveningham . mr. gratwick . sir edward bainton . mr. james nelthrop . mr. brewster . sir * gregory norton . mr. prideaux . mr. thorp . mr. whitlock . sir h. vane junior . the lord lisle . entred their dissents . the dissenters being now in almost two months time come to the number only of . they did on the same first of february make the order following , viz. whereas on the th . of december last , this house did order and declare , that liberty be given to the members of this house to declare their dis-assents to the late vote of the fifth of decemb. . that the kings answer to the propositions of both houses , was a ground for the house to proceed upon for the settlement of the peace of this kingdom ; and afterward viz. on the th . of decemb. did order , that the clerk should enter the names with the dissents of such members as declared their dissents in manner then directed ; whereupon divers members that day present , and others at several times since , did cause their names and dissents to be entred accordingly . and whereas it hath been further admitted in behalf of members absent from the said vote , that any such member might have liberty to express his dis-approving the said vote of the th . of decemb. it is now resolved and declared by the commons assembled in parliament , that such members who ( being present at the house on the th . of decemb. ) did dissent from the said vote , and from the putting that vote to the question ; or being not then present do dis-approve of the same , and have not already declared in and to the house such their dissent or dis-approval of the said vote , may declare their respective dissent or dis-approve of the said vote to the committee herereafter nominated , viz. mr. scot . mr. martin . sir john danvers . mr. millington . mr. hutchinson . sir will. constable . col. moor . mr. challoner . mr. list . mr. hayes . mr. whittaker . sir tho. jervis . mr. trenchard . sir t. widderington . mr. cawley . col. downes . col. temple . mr. cary . mr. serj. thorp . mr. blackiston . lord lisle . col. purifoy . sir . mich. livesay . col. stapely . lord gray . lord monson . alderman wilson . col. bosvile . mr. boon . mr. heveningham . sir gregory norton . or any three or more of them . who are hereby constituted and appointed a committee , to receive and take notice of the declarations of any such member his dissent or disapproval respectively , that shall desire to declare and enter the same ; and the said committee are hereby required to make present report of the same to the house , and shall from time to time be heard therein before any other business , or next after the business then in debate , to the end such dissents or disapprovals may be entred in the books of the house , and such members thereupon admitted ; and to that purpose the said committee or any three of them are to sit when and where they think fit and convenient . and it is further resolved and ordered , that no member of the house whose dissent or disapproval of the said vote hath not been already entred , do henceforth presume to sit in the said house , untill his dissent from the said vote of the th . of december , ( if he were then present ) or disapproval thereof ( if then absent from the house ) shall be by himself personally declared to the said committee , and from thence reported to the house , and entred as aforesaid ; and that such members of this house , and every of them whose dissent from , or disapproval of the said vote respectively ( being not already declared and entred in the house ) shall not be declared to the said committee as aforesaid , before the first day of march next , shall from thenceforth be , and are hereby declared from thenceforth , to stand and be suspended from voting or sitting any more in this house , or any committee by this house appointed , untill they shall both declare such their dissent or disapproval to the said committee as aforesaid respectively , and shall also have given satisfaction to this house concerning their delay thereof beyond the said appointed time , and untill they shall be thereupon restored by particular order of this house . after this antiparliamentary order , ( destructive to the privileges , freedom , vote● , and members of the house ) some few members dissented or disapproved the said vote , upon several daies , as they were inclined or prevailed with thereunto , before the first of march , the time limited by the said order . and wednesday febr. . . it was ordered , that no advantage be taken against sir peter wentworth , sir john barington , col. fleetwood , mr. aldworth , mr. robert andrews , alderman hoyle , and mr. stockdale , for not haviug entred their dissents before the first of march . monday the fifth of march , . it is is ordered , that it be referred to mr. lisle , mr. scot , mr. holland , col. ludlow , and mr. luke robinson , or any three of them , to receive what shall be tendered for satisfaction of such members as have not entred their dissents or disapproval to the vote of the fifth of december last , before the first of march , and to report their opinions to the house , concerning such members as they shall receive satisfaction from . the committee being some of the most eminent dissenters to the vote when it was past , and so not very inclinable to receive satisfaction from those members intended by the order , there are very few appearing in the journal to have been admitted upon their reports into the house in three months after , but as if too many had been received already , they intended a new test and purge to feclude the majority even of those who dissented from or disapproved our former vote ; for their journal attests , that on saturday , june th . . this question was propounded : that none of the members that have sate in the house since the th . of jan. . shall be hereafter admitted to sit in this house , who shall not first acknowledge and assert the just authority of this house , in making the act for erecting an high court of justice for trying & judging the king . and the question being put , whether this question be now put , the house was divided . and it was carried in the negative by . against . that this question should not be put . so that the major part of themselves were not then ripe for what the minor would have them swallow . thereupon the very same day a final barre is put by them upon all the secluded members by this following order , printed for that end , viz. ordered by the commons assembled in parl. that none of the members of this house , who by vertue of the order of february , . . do yet stand suspended from voting or sitting any more in this house , shall henceforth be admitted capable to sit , or have voyce in this house during this present parliament , who shall not before the th . of this instant june address themselves to the committee appointed by order of the fifth of march , . for receiving what should be tendered for satisfaction by such members as had not entred their dissent or disapproval to the vote of the fifth of december last , before the first of march , and shall not before the said th ▪ of june instant give such satisfaction to the said committee , according to the said order , as this house shall approve of : but the house will after the said th of june instant proceed to take order for the election of new members in their rooms . after this order , though they sate till april . . without itterruption , yet they never issued out any writs for elections of new members , monopolizing the supreme and parliamentary power into their own hands without copartners , as now again . april . . they were forcibly ejected , and turned out of the house themselves by the army-officers for above . years , till on saturday may . . about . of the members ( interrupted in april . and by reason of divers new governments interposing , never durst re-assemble to sit or act ) upon the army-officers invitation , went sodainly again into the house ; whereupon * divers of the secluded members , then casually at westminster , so soon as they heard they were sitting , the same morning went to the house door , & claimed their privilege of sitting , but were forcibly secluded then , and on may the th . by armed gards : and to continue their seclusion , the house ordered the th . of may , that such persons heretofore members of this parliament , as have not sat in this parliament , since the year . and * have not subscribed the engagement , in the roll of engagement of this house , shall not sit in the house till further order of the parl. at this time they were more tender of excluding the major part of the members of the house , and only ordered , their not sitting till further order , not at all conceiving that they were duly discharged , or dismembred by their former orders , in the years . and . as now . after this they being forcibly interrupted and dispersed again , on the . of oct. last , and not suffered to sit till the . of dec. following ; upon the . of dec. many of the secluded members , then in town , being informed of their sodain re-assembling in the house did again ●●im thei● right of sitting in parliament , but were by their orders kept out of the lobby and house , by their armed gard● and officers , and received the usage that hath in a narrative thereof , been published to the kingdom . since that time , viz. on thursday the th . of jan. . the day appointed to consider of the case of absent members ; without calling the members , or admitting them which were at the door to fit , or appear in the house , it was resolved , by the major part of about . members only then present ; that upon the whole matter of the * report touching absent members , the parliament doth adjudge and declare , that the members who stand discharged from voting or sitting as members of this house , in the years . and . do stand duly discharged by judgement of parliament , from sitting as members of this parliament , during this parliament . and it is ordered , that writs do issue forth for electing new members in their places . and to prevent any vindication of our selves , against this vote behind our backs , upon monday the th . of jan. . ( but . daies after the vote ) a party of about . red-coats were sent to seize us , at one of the members houses in drury-lane , where the council of state ( it seems ) had notice , and we did not conceal it , that some of us were met together : but being gone a little before , they mist of us , though they searched the house at pleasure . this resolve being , as appears , intended , finally to exclude the said members , though double the major part of the house , & leaving them ( without any cause therein expressed ) under a reflexion of the highest nature , as persons duely expeld the house , during this parliament , and ordering writs to issue forth for electing new members in their places ( a proceeding never used towards a single member , but upon breach of trust , or some high misdemeanor , much less to many , least of all to the majority of the house ) hath in justice to our selves , and the counties and places for which we are intrusted , necessitated us , by this declaration , fully to state the whole matter of fact , and upon the whole , to ●aise such observations and concl●●sions , as we hope may evince , that we are not duely discharged , and that the judgement , if there be any given , is void in law , against the said members , whereof we have in the end of this declaration inserted a perfect list . first , it is manifest by the state of the fact , that on the th . and th . of decemb. . and since , the said members being then and now the major part of the house of commons , have been by force of arms , and still are , ●estrained from coming or entring into the house , though they have several times renewed their claim , only upon the army-officers proposals and desires , dec. . . ly . that from that time to this day , there hath been no legal accusation or impea●hment exhibited against them , or any of them in parliament , as a ground for a judgement of their supension or exclusion . ly . that they were never summoned nor called to hear or answer any charge , nor ever heard in the house , nor particularly convicted , nor yet named in any order or vote for their suspension or exclusion . ly . that all the pretence appearing for their exclusion in all the recited votes and orders , is only , their ay to the vote of the fifth of dec. . ( that the answers of the king to the propositions of both houses , are a ground for the house to proceed upon for the settlement of the peace of the kingdom , ) they being then and still the major part of the house : and for refusing ( upon the demands of the army , and orders of the minor part of the house made after they were forced away ) to enter their protests against and dissents from that vote , which was passed by them in judgement and conscience , upon unanswerable grounds of reason , justice , honour and faithfulness ; or , for not disapproving the said vote . ly . that the members permitted to sit after , and under the force , dec. . did several times positively order the secured and seluded members to be forthwith discharged ; and that after the demands and proposals of the army ; which shews , that they did not then judge them guilty of breach of trust by this their vote . ly . that many of the members that were suffered to sit , when they saw no hopes of preserving their privileges and the freedom of parliaments against this force , did voluntarily withdraw themselves , and have ever since remained in the condition of secluded members , and are now comprised within the vote of ian. . and former orders . ly . that the members formerly secured and secluded by the army-officers in dec. . against the votes of the house , for their discharge , for their vote dec. . are now for the self-same vote alone , even by order and command of those now sitting members ( after their own double dissipation by armed violence ) forcibly excluded both the house and lobby , by armed gards and army-officers , and likewise discharged from sitting as members of the house during this parliament . . that the forcible suspension and secluding of the majority of the house , till they retract , and enter their particular dissents against , and disapproval of their own votes , was first introduced and imposed by the general council of army-officers proposals , to subvert the privileges and freedom of parliaments : and in obedience to their desires , it is afterwards several times voted , ordered and ratified by the sitting members , to bar us from all future sitting , or voting in the house as members , during the parliaments continuance , and made the secundary ground of our exclusion and discharge , though never in use before , from the begining of parliaments , till this day , and that in relation to this vote alone . an anti-parliamentary president , fit only for everlasting oblivion . ly . that for the mi●or part thus to sway in councel by help of an external force , when reason within doors could not carry it , is a course of proceeding altogether illegal , irrational , and unparliamentary ; the determining of questions and controversies by the major vote , being essential to parliaments and great councils , authorized by the usage and experience of all ages and nations , without which it is impossible to settle any government in church or state , or make any final judgement in courts or councils , without resolving all into the mere will of a few single persons . upon all which grounds , we are so far from r●tracting the said vote of decemb. . that as both by the vindication of the secluded members , published in january , . and by this declaration , it stands unanswerably justi●ied to all the world , so we foretold the sad effects that would follow the varying from it , and are now confirmed in the necessity and prudence of that resolution by eleven years further consideration , and the many sufferings , calamities , strange unsettlement , and revolutions of government ; which the not hearkning to the advice of that vote ( then the judgement of the whole kingdom , being past by the major part of their representatives ) hath brought upon us ever since , whereof we can yet see no end . having thus truly and fully stated the matter of fact , relating to our former and late seclusions , and the premised vote of jan. . for our discharge & exclusion out of the house , during this parli●ment , only for our vote , dec. . . upon the armies proposals , without any particular accusation , hearing , trial , or judgement pronounced against us , or any one of us by name at the bar ; we shall in the next place briefly demonstrate the illegallity , injustice and nullity of this general uncertain vote , by which we are thus by wholesale discharged behind our backs . . by orders , customs , presidents , and judgements in parliament . ly . by the laws and statute● of this realm . ly . by the law of nations . ly . by the law and proceedings of god himself . by the orders , customs and proceedings of parliament it is most apparent , . that in all * parliaments , treaties and assemblies within the realm of england for ever , every man ought to come without force , armour , or multitudes of armed men , well and peaceably to the honour and peace of the king and of his realm , and all wearing of armour or other force against the peace , ought to be defended and prohibited in all places , cities and suburbs , where parliaments convene , lest the members should be terrified , or driven away , or the proceedings of (a) parliament interrupted thereby ; as is evident by the statute of e. . rastal armor , . cl . e. . m. . . dors . cl . e. . dors . . e. . rot. parl. n. . e. . c. . e. . rot . parl. n. . e. . n. . e. . n. . e. . n. . e. . n. . e. . n. . e. . n. . cooks . instit. p. . exact abridgement of the records of the tower , p. , , , , , , , , , , , . therefore the forcible seclusion of the majority of the members by armed force , and votes backed therewith , is most illegal and unparliamentary . ly . that (b) every member of parliament is bound to attend the parliament , and freely to sit & vote therein during its contiance , and never voluntarily to absent himself , or depart without special license , under pain of amerciament , losse of wages , and other penalties ; as is both enacted and resolved , e. . f. . fitz. corone . r. . stat. . c. . e. . rot . parl. n. . h. . n. . h. . n. . cooks instit. p. , , , . h . c. . stamford , l. . c. . f. . exact abridgement , p. , , , , , , , . the order of the commons house , . august , and ordinance of both houses , octob. . collection of ordinances p. , . the commons declaration , septemb. . . e. . dors . & e dors . . therefore the majority of the members neither may nor ought to be forcibly secluded and hindered from sitting and voting , especially by the minority . ly . that (c) when any considerable number of the members of parliament through shortness of warning , fo●d weather , or any other occasions have been absent from the house , the parliaments have constantly been adjourned and put off till a further day , and nothing acted by those who appeared , in their absence , till the absent members comming , and the houses were ful● ; as is is evident , by claus. e. . dors . . & . e. . rot. parl. n. . e. . part . n. , , , . e. . n. . e. . n. . e. n. . e. . n. . e. . n. . e. . n. . e. . n. . e. . n. . e. . n. . e. . n. . e. . n. . e. . n. . ● . . n. . r. . n. . r. . n. . r. . n. . r. . n. . r. . n. . r. . n. . r. . n. . r. . n. . h. . n. . the reason whereof is , because nothing ought to be acted in parliament , by any party or faction , but in or by a full parliament , when all or most of the members , representing all the kingdom , are present , cl. e. . d. . e. . c. . e. . rot . parl. n. . e. . n. . e. . n. . e. . n. . r. . n. . r. . n. . r. . n. . r. . n. . h. . n. , , . h. . n. . h. . n. . & r. . wherefore their seclusion , and ejection of the majority of the members , behind their backs , in a thin and empty house , ( not the fixt part of a full house of commons ) and their votes and orders not only without , but against them , must be unparliamentary and unwarrantable . . that as in * elections in the county , so in votes , the vote of the major part of the house , upon any question put , is the vote and judgement of the whole house , including and binding the dissenting minority , as all journals , records of parliaments , statutes , law-books , and experience resolve , and the practice of those now sitting ; therefore the dissenting minority , can neither censure nor eject the majority of the house , for their vote of decemb. . carried without any division , and by above . parts of . then present , without ejecting and dissolving the whole house , and themselves too , whose vote was included in theirs , and subverting the very essence and foundation of all parliaments . . that every * member present in the house , at the putting of any question ( then debated ) is bound by orders of the house to give his ay thereto , or no , according to his judgement , and conscience , freely and uncontroulably , without the least question , check , or censure . this freedom of debate , voting and speaking the mind , being the grand essential privilege of parliaments , ( giving both the name and essence to them ) which every sp●ker demands , and every king granted at the beginning of every parliament , and of this now sitting . therefore for the minority of the house , by the army-officers proposals and desires , to make it criminal and a breach of trust , demeriting not only censure , but suspension , exclusion and ejection out of the house , and that not in one or two members , but the majority of the house , ( the house it self , ) as in our present case , only for the vote of decemb. . . touching the kings concessions , and no vote else whatsoever , in any other parliament , or this , before or since this vote , is not only the extremity of partiality and injustice , but an utter subversion of the very essence , name and foundation of parliaments themselves , without president in any age . ly . if one single member alone give his ay , or n , to any question proposed , against all the rest of the house , though the question seems most clear and undisputable , yet he is neither censurable nor questionable for it , because it is his privilege and freedom as a member , as was resolved in dr p●rryes case in the parliament of eliz. ( reported by scobel out of the journal , ) who gave his single no , against the bill against jesuites and recusants ; and in the cases of all single ayes or noes , or but of , or . members against all the rest , in all former parliaments , and this last , who were never once questioned or suspended for them , nor ordered to retract their single votes . therfore the suspension & ejection of the majority of the house for their vote of dec. . after so long & great debate , ( given upō the greatest grounds of conscience , law , justice , prudence , reason and publick safety , ) and for their refusal to retract and protest against it , by order of the minority of the noes , entring their dissents against it , during their forcible seclusion from the house , must questionless be most antiparliamentary , erroneous , injurious , subver●ive to the freedom of parliaments . ly . that a matter (f) once debated and put to the question in the house , ( especially when full and free ) carried in the ay , or no , by the majority of the house , ( without any surprize or fraud , as the vote of dec. . was , against all force and menaces to prevent it , ) ought to stand as the judgement of the whole house , and cannot by the rules of parliament be questioned again , or nulled and revoked , ( especially by the minor part in the absence and forcible seclusion of the major , ) during that session of parliament , no more than an act , or a judgment given and entred in the g courts of westminster , reversed in and by that court which gave it ; because all votes and judgements , would otherwise be nugatory , arbitrary , reversed and nulled over and over , and debates concerning them endless : as was resolved in sir francis goodwins case , upon long debate , martii , & in april , anno . and oft before and since . therefore our vote of the th . of decemb. could neither be questioned nor repealed by the dissenting mi●ority , nor protested against , but stands still in force ; much lesse then the majority who assented to it , be suspended & ejected the house by the minority for not retracting and entring their protests against it , being a practice fatal to all votes and parliaments , if admitted just in this , passed upon so full a debate . ly . that (p) no member ought to be questioned for any offensive words , displeasing to the whole house , or any particular member , let fall upon any debate , unlesse exceptions be taken to his words the same day , before he goeth out of the house , and satisfaction given , or judgement inflicted on him the same day . but no exception at all was taken to the debate , or vote of the secluded members by the house , or any member thereof the same day , nor in several daies after , but only by such army-officers out of the house , who were no members , and not privy to the debate . therefore they ought not to be suspended and excluded for it many weeks , months , and now ejected out of the house for their vote alone , and debates thereupon , above . years after . ly . i that the speaker himself by his letter , iuly . and both houses by their printed ordinance of august . . declare and resolve , all votes , orders , ordinances , declarations passed in the house , whiles under a visible force , and the members forcibly driven from it , or unable to repair to , or ●it in it with freedom and safety , to be null and void to all intents ; and if that force upon . or . of them now sitting by cromwell , apr. . . & lambert , and others , oct. . . was antiparliamentary , treasonable , and but a mere interruption not dissolution of their session , nor an inability for them to sit again , though some of those who ejected , and declared them dissolved , were then members of the house , backed with the army . then by the self-same , yea better reason , the former , late , present orders and votes for the suspension , exclusion and ejection of the majority of the members out of the house , made by the minority , whiles sitting under an actual force , secluding them by commands of them now sitting , must be null and void to all intents , and no wayes disable them from sitting , when the armed force secluding them is removed . ly . that the (b) house of lords heretofore in the parliament of caroli , when the earl of arundel , a single member of their house , was imprisoned and restrained by the king without their privity , from sitting in the house ; and since that (c) both houses , ian. . . at the beginning of this parliament , when the king impeached , and only demanded the lord of kimbolton , and the . impeached members of the commons house , ( whereof sir arthur hasl●rigg was one ) without seising either of them ; adjourned and refused to sit or act as an house , till their members were restored to sit in saftty , and this high breach of their privileges vindicated . therefore by the self-same rule and presidents , they ought not now to sit and act , till the former and last violations of them by the army-officers and their gards forcible seclusions and securings of them by their order , be vindicated , and they restored to sit and act freely in the house with safety , without any future interruption . ly . that no particular member of parliament in the commons house , by the constant course , proceedings and presidents in our parliaments , may or ought to be censured , imprisoned , suspended or ejected the house , unlesse he be . particularly accused or impeached of some misdemeanour , crime or breach of trust , deserving imprisonment , suspension , or exclusion . ly . particularly summo●ed and resummoned to answer his charge , if absent , or commanded to answer it , if present in the house . ly . freely admitted to make his particular answer and defence thereunto in the house , where he is to fit and vote as a member , till convicted or suspended by special order . ly . legally convicted by his own confession , evidence or witnesses produced face to face . ly . particularly sentenced by judgement pronounced against him at the bar , and that judgement particularly entred against him by name in the iournal-book , or records of parliament . this is evident by the antient presidents of sir william courtney , an. r. . rot . parl. n. . of roger swinerton , an : r. . rot : parl : n. . thomas thorpes case , h. . rot : parl : n. . by thomas thorps case , when speaker , h : . rot. parl : n. , , . arthur halls case , maii , & febr. . peter wentworths case , febr. . thomas longs case , . eliz. entred in the journall , reported in cooks institutes , p. . and scobels memorials , c. . in sir edmond sawyers case , saturday junii , . the earl of straffords , and archbishop lauds cases and trials upon their impeachments of high treason this parliament , as members of the house of p●ers : the cases of sundry members put out of the house of commons , in the beginning of this parliament , , , . the proceedings of both houses against their members , who contrary to their trusts , (a) deserted the parliament , withdrew themselves voluntarily from it , and took up arms against it , who were . times summoned to attend the houses , ( which they neglected to do ) without any disability , or new ingagement put upon them , before they were disabled by iudgement to sit in the house during this parliament , in which judgements they are particularly named , and after that by a general ordinance of both houses junii . the judgement against them was confirmed as is evident by the * journals of both houses . and the proceedings of those now fitting ( since their vote of jan. . ) against sir henry vane , jan : . and col. sydenham , and major saloway , since : who were all permitted to sit and vote in the house , till particularly impeached , heard , convicted , and received their judgements at the barr , before they were ejected , or suspended , though they joyned with the army-officers who excluded them october . both in councils and actings against their restitution . which being denied only to all and every of the secured and secluded members , and to them alone , though the majority of the house , guilty of no crime ; meerly for their vote , dec : . and were forcibly secluded both the house and lobby , dec. . and voted out of the house , jan. . . without any accusation , hearing , defence , conviction , or particular judgement against any of them by name , must needs be the extremity of anti-parliamentary injustice , especially in those of the long robe , sitting in , and advancing themselves to the seats of justice in all the courts of westminster . . it is the undoubted privilege and birth right not only of members , but of the meanest , despicablest and most flagitious commoners of england , if complainants or petitioners , to be admitted freely both into the lobby and commons house , without forcible seclusion , to present their complaints , grievances , for their relief or redresse ; or if a delinquents , to be accused , summoned , heard , duly convicted and particularly sentenced at the bar by name , before they be committed , or sentenced , as all parliamentary records , journals , & daily experience attest ; therfore that the majority of the members ( persons of greatest eminency , interest , integrity , representing most counties , cities and boroughs of the realm ) should be denied that justice and privilege which the meanest commoners and most exec●able del●●quents enjoy as their birthright , only for their vote , and that by their fellow-members , ( the greatest pretenders to publick justice , liberty and saintship , ) is not only anti-parliamentary and injurious , but stupendious in the sight of god , angels , men , and the whole nation . ly . the whole house of commons , and some of our secluders , in the case of the xi . m●mbers , impeached by the army ( . of them now secluded ) upon long and full debate june . . resolved , unanimously on the question , without one dissenting voice ( as to part of the armies general charge against them , for something they had spoken , and done within the house ) that it did not appear , that any thing had been said or done by them in the house , touching any matters contained in the charge , or papers sent from the army , for which they could in justice suspend them from ●itting and voting in the house . in the debate whereof they all concluded , it was a high breach of privilege , for the army or any others out of the house , to impeach any members for things spoken or done within the house , whereof the house alone is to take notice , and be the sole judge . therefore by this very vote and resolution , the house upon the armies proposals , and desires alone , ought not in justice to suspend , much lesse forcibly to seclude and eject us , only for our vote within it , and it was a transcendent breach of the privileges of the house , to receive their proposals decemb. . and their answer january . complaining against our vote , and to make it the only ground of our suspension and seclusion ever since , and now of our ejection . ly . they then unanimously resolved , that by the laws of the land , no iudgement can be given to suspend those members , or any of them from sitting in the house , upon the paper presented from the army , before particulars offered , and proofes made against them . therefore they cannot suspend , seclude and eject , both them and the majority of the whole house now from sitting , or voting with them any more , only for their vote , without any other particular charge , hea●ing , conviction , or judgement pronounced against them at the bar . ly . had this vote and judgement of supension and discharge been given against any one of the suspended members , in a full and free house and parliament , and ratified by an act , or ordinance of both houses , without any legal summons , tryal and hearing at the bar , yet it had been erroneous , null and void , and ought to be reversed as such , and that by the expresse judgements and resolutions of the parliaments of e. . rot. parl. n. , to . & e. . n. . in the case of * roger mortymer earl of march , who in the parliament of e. . rot. parl. n. . was impeached in parliament of high treason , for murdering of king edward the d . after his deposing , for accroaching to himselfe royal power , and the government of the state over the king ; for comming to the parliament at salisbury with force and arms , contrary to the kings writ and prohibition under his seal , that none should come to the parliament with force and arms , under pain of forfeiting all that he could forfeit to the king . whereupon the earl of lancaster , and others of the lords , by reason of his force , came not at all : and when in the prelates were there assembled in an house at the said parliament , to consult about the affairs of the king and realm , the said roger broke open the doors of the house upon them with men at arms , and threatned them of life and of member , if they should be so hardy to speak or do any thing against his will and ordinances . and did so much in the same parliament , that the king made him earl of march , and gave him many lands and tenements , to the dis-inheriting of the crown ; and afterwards the said roger , and those of his confederacy , led the king armed against the earl of lancaster and other peers of the land to winchester , where they were comming towards the king to the said parliament at salisbury : whereupon the said earl and other peers of the land , to avoid the peril that might happen , out of reverence to the king , departed and went towards their country , grieving that they could not speak with , nor counsel the said king , as they intended and ought to do . and for several other grand misdemeanors drawn up and entred in the parliament rolls in . articles in french . upon these articles ( by reason of the notoriousness of the facts ) he was by judgement and act of parliament , condemned and executed as a traytor , in e. . without being brought personally to answer , or make his defence at the bar , and his lands forfeited to the king . whereupon in the parliament of e. . roger mortymer earl of worcester his cousin and heir , by petition prayed , that this act of his attainder might be examined , and the judgement against him reversed for manifest errors therein . whereupon the record was brought into the parliament , and the articles , judgement and proceedings read at large . which done , it was alleaged , that the judgement was defective and erroneous in all points ( not for the substance and truth of the charge ) but for that the said e. was put to death and dis-inherited , sans nulle accusement , et sans estre mesne au juggement , ou en respons , without any accusation face to face , and without being brought to judgement , or to answer . for which cause it was prayed , the said act a●d iudgement might be reversed and annulled . and for these reasons our lord the king , prince , dukes , earls , and barons , by * accord of the knights of counties , and of the commons , reversed and annulled the said records and iudgements , and adjudged them erroneous and void ; and the parliament of e. . did likewise confirm and assent thereto , as the parliament rolls attest . if then this judgement , though ratified by an act of parliament , upon particular articles of impeachment , true in substance , ( against this arch-traytor , and first forcer of parliaments by armed men extant on record ) was reversed as erroneous , void and null , because he was not accused face to face , nor brought to judgement , and answer at the bar before his judgement and execution , though there was a judgement given against him by name in the parliament roll and act : then much more must the judgement and vote against all the secluded members and majority of the house , kept out thence by armed gards , by command of our secluders and judges , without the least accusation , articles of impeachment , hearing , trial , or bringing us to the bar to hear our judgement , or naming any of us particularly therein , be unparliamentary , erroneous , void and null to all intents , and no waies obligatory to us , or those for whom we do serve . ly . it is altogether erronious , illegal and void in law , . by the great charter of our liberties , h. . c. . confirmed in above . successive parliaments , by the statutes of e. . c. , . e. . c. , . e. . c. . e. . c. . e. . c. . e. . c. , . the petition of right , caroli , and sundry other statutes , enacting and providing , that no freeman of england , shall be outed of his freehold , liberties , franchises , outlawed , pas●ed upon , fore-judged or condemned , unlesse he be , . lawfully accused , indited and impeached . ly . summoned and brought in to answer by legal processe . ly . brought to judgement , trial and hearing at the bar , and admitted to his just defence . ly . legally convicted by his own confession , or witnesses produced face to face . ly . particularly judged and condemned by sentence at the bar . and if any judgement be given to the contrary , it shall be reversed and holden as null and void ; all which particulars failing in our case , and judgment , it must be erronious , void and null to all intents . ly . by all the presidents , forms , entries , in cooks institute● ch. . of judgement , old book of entries , fitzherbert , brook , statham , ash title judgement , treason , debt , &c. all entries and records of judgements in parliaments and other courts of justice , wherein no judgement was ever yet given against many in the grosse , ( as now against . members or more ) without naming any of them , but alwaies particularly by name , the judgment being else void in law , for its generality and incertainty , as ours is , wherein not one secluded member is named , nor in any vote or order for our suspension or exclusion . ly . it is a maxim in law (m) that no man ought to take advantage of his own covin or wrong , much less be both a judge and ●arty , it being both against justice and reason too : therefore the minority of our fellow-members , cannot first seclude us out of the house by covin , wrong & armed force , against our rights , privileges , the protestation , covenant , & then as our judge , exclude us from sitting with them , behind our backs , only for dissenting from them in our votes and judgments , crossing their own private interests and innovations , repugnant to the publike interest , peace , and settlement of the kingdom which we then endeavoured to effect . ly . the statutes of r. . c. . r. . c. . h. . c. . & eliz. c. . prohibiting all entries into houses , lands or tenements , where the entry is given by law , with strong hand , or multitude of people , and armed men , but only in peaceable and easie manner ; or keeping possession thereof , after peaceable entry , by force ; enabling all justices of the peace , to view and remove such force , and punish those who are found guilty of it , upon inquest , by fine and imprisonment ; do questionlesse prohibit the entry of our secluders , into the commons house of parliament , by strong hand , and multitudes of people , and armed men , against the usage & priviiege of parliaments , garded hitherto , * caritate & benevolentia civium , non armis . and their keeping out the majority of their fellow m●mbers , by armed force , and votes , without any colour of law or reason but only their vote therein decemb. . may more justly expose them to fines and imprisonments , than any other forcible enterers into , or detainers of other mens houses , the whole kingdom being prejudiced and dispossessed in their representatives by these forcible detainers of the commons house . ly . the notable (p) variance between their orders of . & . touching our suspension and seclusion , wherein they alwaies stile themselves , the house , and this house , as likewise in the body of their order decemb. . . from their vote of january . and their other papers , wherein they stile themselves , the parliament , and the parliament of the commonwealth of england , scotland and ireland ; and their judgement , the judgement of the parliament ; and from the act of caroli . c. . by which they pretend to fit , which only stiles them , the commons in this present parliament assembled , and the house of commons ; makes their judgement void to all intents , especially compared with the entry of their own journal by their clarke , april . . that they were dissolved on that day , and so have no right now to sit , by virtue of this act , or to pronounce any vote or judgement against us . ly . this judgement and vote against us , is void and null by the law of nations , the very pagan , idolatrous babylonians , persians , caldeans , romans , and all other nations , condemning and sentencing no person or malefactor whatsoever , but in his presence ; it being not their manner , to condemn , or censure any man , before he who was accused , had his accusers brought face to face , and had license to answer for himself , concerning the crimes laid against him , and was legally convicted of them , and had his crimes mentioned in his mittim●● and judgement , they deeming it unreasonable , to imprison or condemn any man , and not withall to signifie the crimes laid against him : as you may read at leasure , kings . , . jer. . , . ezra . , . esth. . , to . c. . . acts . . c. . , to . c. . , &c. , , , . in alexander ab alexandro , geni●lium dierum , l. . c. . & frederi●us lindebrogus , codex legum antiquarum . this being a principle amongst them , * qui aliquid statuerit parte inaudita altera , licet rectè statuerit haud aequus est judex . and that all their * senators , ought to vote freely in the senate ; and the major vote to sway . therfore our judgment , exclusion , without accusation , hearing , witnesses , trial , conviction , behind our backs for our major vote , must needs be most unjust and void , if the very heathens and laws of all nations be umpires between us & our ejectors . finally , this judgment and vote is contrary to , yea void , null by the law of god , ( the * righteous judge of all the earth , ) as appears by comparing it with num. . . deut. . , to . c. . . c. . , , . chron. . , , . john . . and condemned as unjust , by the president of god himself ; who as he doth not pervert judgement , nor do wickedly , job . ●c . . . but judgeth uprightly without respect of persons , pet. . . justice and judgement being the habitation of his throne , from whence he administreth judgement in righteousness , ps. . . ps. . . so he alwaies pleads with malefactors , and judgeth them face to face , ezech. . . thus he proceeded against and judged the very first offenders , eve adam , and the serpent , for the first offence in the world after the creation , summoning all three of them before him , and impeaching and hearing their answers to his charge , and last of all giving a particular judgement against each of them according to their offences , gen. . , to . as a president for all other judges to imitate . and thus god and jesus christ will proceed in the last general judgement of the whole world , when all mankind and every person good or bad , from the creation till the worlds expiration , shall be summoned and personally stand and appear before the judgement seat of god and christ , where every one of them shall give a particular account of himself to god , of whatever he hath done in the body , whether it be good or evil , ( and we and our secluders too amongst the rest ) and be judged according to their works , and receive a particular sentence of condemnation or absolution , as eccles. . . mat. . , to . rom. . , , . cor. . . rev. . , . mat. . . rom. . ▪ , , to . resolve . upon all which premises we conclude , the votes & proceedings against us by our fellow-members , to be erroneous , injurious , unrighteous , nul and void to all intents ; and if they and the army-officers , for want of law , reason , presidents , shall still endeavour , ( as hitherto ) to make them valid , and obligatory to us and those we represent , only by club-law and violence ; we shall then conclude , as the lords and commons ( and most of themselves heretofore , ) did in their declaration of august . . against the king and his forces , who were never guilty of so high a violation of our privileges , as those now sitting . * if the king may force this parliament ( by demanding only . members of it , and our secluders now by excluding above . at once by force and arms ) we may bid farewell to all parliaments from ever receiving good by them . and if parliaments be lost , the people are lost , their laws are lost , as well those lately made ( for triennial parliaments , and the continuance of this , against the council-tables extravagances , &c. ) as in former times ; which will be cut in sunder by the same sword now drawn for the destruction of this , ( by ours and others forcible seclusions . ) then if they will not come and help the parliament , and save themselves , though both they and we must perish , yet have we discharged our consciences , and delivered our souls , and will look for a reward in heaven , should we be so ill requited upon earth , by th●se of whom we have so well deserved : which we cannot fear , having found upon all occasions such real demonstrations of their love and affection , and of their r●ght understanding and apprehension of our and their common danger , especially now , that the question is so clearly stated . we shall only subjoyn . considerations more in point of law and prudence , arising from our forcible seclusion and exclusion by the minority of our fellow members . . that both houses , and most of themselves have declared in their s declaration of . octob. . that the raising of forces only to force some particular members of this parliament , ( as the . impeached by the king ) to be delivered up , and secluded the house , is a levying war against the parliament ; for to raise an army to compell the parliament to expose these members to the fury of these wicked counsellors , that thirst after nothing more , than the ruine of them and the commonwealth ; what can be more evident , than that the same is levied against the parliament ? for , did they prevail in this , then by the same reason they might d●mand twenty more ; and consequently , never rest satisfied , untill their malice and tyranny did devour all those members they found crosse and opposice to their lewd and wicked designs . and so by depriving the parliament of their members , destroy the whole body . that both houses in their votes of maii ▪ t resolved , that the levying war against the parl. is treason ; and whoever shall assist the king ( though the chief member and u head of the parliament , much more then any inferior members of it ) in such a warr , are traytors , by the fundamental laws of the kingdom , and have been so adjudged by two parliaments ●r . . h. ● . and ought to suffer as traytors . which votes were seconded by many x ordinances , for sequestring and confiscating the real and personal estates of all members of parliament , and others , who sided with the king and his forces against the houses of parliament ; by the condemnation of mr: waller , and execution of mr. tomkins , and others , as traytors y for conspiring to seise several members of both houses , by force of arms , under a pretence of bringing them to justice , by a commission from the king , dated march . though they actually attempted not to se●fe any member . by the proceedings against the * members of both houses deserting the parliament , under pretext , that they were forcibly driven away from westminster by seditious tumults and imposed trayterous oaths , summoned to meet at oxford by the kings proclamation of jan. . . where . members of the lords house , and . of the commons house assembled , and sate in council with the king ; and yet for levying war against the majority of the parliament , and both houses sitting at westm. they were are all of them sequestred , and after several summons , discharged to sit in either house by a special ordinance ; & (z) some of the said lords , together with the king himself , condemned and executed as traytors for levying war against the parliament , and majority of the m●mbers , at a great distance , not personally in or at the house doors , without se●uring or secluding any members or interrupting their sitting in the house by armed forces . if then it were high treason in the king and his party to raise forces to demand and secure but . members of both houses by force ; and for the minority of the lords and commons house , to levy war against the majority of the parliament only at a distance , for which they were thus sequestred , conde●●ed , executed as traytors , even by those now sitting , as well before as after our seclusion ; we refer it to their own consciences , judgements , and the whole kingdom to determine , whether it be not a higher and worser treason & levying war against the parliament , for them , being but the minority of the house and members , to engage and order the very * forces raised against the king and his party , to gard and defend the members to both houses , to fit and vote with freedom and safety , by armed force to secure and imprison above . members at once , and to seclude above . more by their commands , being the minority of the house , at the house doors , and suppress the whole house of lords three or four times one after another , after their executions and sequestrations ; and what punishment such unpresidented offences de●●erit , should we demand justice against them for it , after so many provocations , and not willingly prete●mit it upon their repentance and satisfaction , for the publick peace and settlement in the midst of our present dist. actions , upon their voluntary admission of us , without any of their new eagagements on our consciences , to discharge our trust , and prevent the ruine of our three kingdoms , by their rash and dangerous counsels . ly . that their own votes , publications , and censures against the army-officers , as well members as others , who forcibly excluded and dissipated themselves beyond expectation , april . . and october . . ( a just , divine retaliation , for secluding their fellow-members ) which they deemed both tyrannical , yea treasonable in them , and deme●iting expulsion out of the house , in sir h. vane , and others of their own members , who gave a subsequent assent thereto , will now recoyl upon themselves with infinit disadvantage , and draw some new (a) exemplary punishment of god upon them for their new forcible secl●●sion and ejection of us ; they being but at most , and we near . they having * violated their trusts , protestation , covenant , and the privileges of parliament , which they were obliged constantly to maintain all their daies , without defection or apostacy , by our former exclusions and ejection , and we having done neither , but only endeavoured inviolably to preserve them by our vote , and claims to sit in the house : they keeping up the same armed gards , as their only security to sit , which secluded us heretofore , and now , & twice ejected them ; and we desiring no other gards , but those (b) pliny (c) seneca , d tully , inform us to be the best and safest of all other , our own innocency , and the peoples love for whom we serve , remembring that of pliny to the good emperor trajan , quanto tutior , quanto securior eadem domus postquam ejus non crudelitatis sed amoris excubiis , non solitudine & claustris , sed civium celebritate defenditur ? frustra se terrore succinxerit , qui septus ●aritatenon fuerit ; armis enim arma irritantur ( as we have found by sad experience ) vnum est inexpugnabile munimentum , amor civium ; which they will never gain , but lose and forfeit by our unjust seclusion , and expulsion . . that it is a maxime in law , inserted into the very writs of summons to parliaments (e) calus . e. . m. . dorso , as a most just , and provident law , established by all prudent pious princes , and the very reason and ground of all parliamentary assemblies , ut quod tangit omnes ab omnibus appr●betur . hereupon our judges and (f) law-books resolve , that general acts made , and taxes granted in and by parliaments , oblige all men , upon this only account and reason , because all counties , cities , boroughs and ports , are parties and consenters to them in parliment , in and by their knights , citizens , burgesses and barons , impowered with full and sufficient authority for themselves , and the commonalties of the said counties , cities , boroughs and ports , by their indentures and retorns , to consent to , and do whatever shall happen to be ordained in parliament by common council ; as the last clauses in the writs for elections , with their retorns and indentures resolve ; and for want of which power , and representatives , if secluded , no acts can be passed , no taxes imposed on them that are obligatory . and upon this very ground , the statutes of e. . c. . . & de talligio non concedendo , c. , . . e. . stat. . c. . stat. . c. . e. . stat. . c. . stat. . c. . e. . rot . parl. n. . e. . rot . parl. n. . e. . stat. . c. . e. . rot . parl. n. . e. . c. . e. . rot . parl. n. . e. . rot . parl. n. . h. . rot . parl. n. . the petition of right , car. and the statutes of car. c. . . . made at the begining of this parliament , do all enact , declare and resolve , in precise words ; that no tax , tallage , ayde , subsidy , loan , custom , imposition , or other assesment whatsoever , shall or may be imposed , or levyed on the subjects , without common consent of the lords and commons in full parliament , by act of parliament : and those now sitting in their printed paper , octob. . . intituled , an act against the raising of monies upon the people , without their consent in parliament ; enact , that no person or persons shall after the xi . of october . assess , levy , collect , gather or receive any customs , impost , excise , assesment , contribution , tax , tallage , or any sum or sums of money , or other imposition whatsoever , upon the people of this commonwealth without their consent in parliament or us by law might have béen done before the third of novemb. . and it is further enacted and declared , that every person offending contrary to this act , shall be , and is hereby adjudged guilty of h●gh treason , and shall suffer , and forfeit as in case of high treason . if then they shall forcibly seclude , not only the whole house of lords , but the majority of the knights , citizens and burgesses , out of the commons house , as now they do , most counties , cities and boroughs of england , having not so much as one knight , citizen or burgesse , to represent them , being all forcibly excluded , or dead , they being not a fifth part of the house , ( who could never legally impose any tax upon the people , before nov. . . nor since , as all these acts , with * sundry other records and law-books resolve ) they can make no laws , orders , ordinances , that are binding , nor impose the least tax , talluge , imposition , excise , contribution , or any other payment whatsoever , upon the people of this nation , much lesse upon us , whom they thus forcibly exclude , and those counties , cities and boroughs for which we serve ; nor any person or persons levy them , without incurring the crime , penalty , and forfeiture expressed in their own late act , it being a received maxim amongst all politicians , lawyers , nations (h) populi minor pars , pop●l●m non ol ligit ; and that nothing is or can be said to be done , or acted , by the common council and consent of the people in full parliament , by act of parliament , which is done and acted only by the minor part of the commons house , when the greatest part of the members of parliament , are forcibly s●oluded , or driven thence by armed violence , especially by the commands and consederacy of the minority of their fellow-members ; our present case and condition , which we represent , to the whole nations serious consideration , and of a full and free parliament , as thus st●●●d in matter of fact , and debated in point of la● , for our necessary vindication , and theirs we represent ; and to our secluders second thoughts : who having in their fresh * declaration of the . of this instant jan. published , that their intentions are , and that they are resolved , ( through the goodnesse and assistance of god ) to remain constant and unmovable , that the people of these nations may be governed from time to time by representatives in parliament chosen by themselves , in whom alone the supream authority of these nations doth and ought to reside ; and that they should be governed by the laws , and that all proceedings touching the laws , liberties , and * estates of the free people of this common wealth , shall be according to the laws of the land : it being their principal care to provide for the freedom of the people , against all arbitrarinesse in government ; and that it is one of the greatest cares they have upon them , how to give the people that ease from their present burthens , which their impoverished condition calls for . we hope they will not immediately violate it in the case of us ▪ who are their fellow-members , the majority of the house , and the representatives of the greatest part of the people , intrusted and chosen by themselves , who earnestly press our frec admission , by secluding us against all rules of law and justice , and imprisoning those * gentlemen and freemen sent up with * letters unto them from the several counties and places we represent , to demand our speedy restitution to our trusts , as the only means to redresse their many insupportable grievances , and by gods blessing to reduce them to a firm , free and legal settlement of their rights . and by imposing on the whole nation ( in their miserably exhausted condition , and want of trade ) and us their excluded fellow-members , and those many counties , cities and boroughs we represent , a monthly tax of one hundred thousand pounds a month , for six months time , to begin from december . last , without and against our privity and consents ; especially after their enforcing the people to pay a whole years contribution within three months space , contrary to the first grant thereof , under the late protector , upon their first convening in may last , during these very . months space , they paid before hand , on which they now tax them afresh , higher than ever the old parliament , or their new protectors , or any kings of england in former times have imposed ; an oppression not to be presidented in any age . and all to pay forces to keep us out of the houses , and support themselves in their usurped * parliamentary power , and discharge those debts , their own extravagant councils and actions ( in not hearkning to our vote for which they excluded us ) have contracted , only to make us more miserable , base , slavish , unsetled than ever heretofore . upon the whole matter which we have truly stated , and debated ( though with some distraction , and interruption ) in our own behalf , and of those counties , cities and boroughs by whom we were elected , and whom we have faithfully served in parliament , according to their trusts reposed in us ; we do appeal from the armies unjust force and illegal violence , and from the unpresidented , generall unreasonable , unparliamentary votes and judgements of a few of our dissenting fellow-members , procured by the force and demands of the army , and passed by parties behind our backs , during our forcible seclusion , only for our free vote in parliament , when they and the commons of the whole kingdom were involved therein by the resolution of the majority of the house , unto the impartial judgement of a full and free● parliament : and in the mean while we do claim the benefit of our laws , and especially of the great charter , the petition of right , and the good acts made in the beginning of this parliament , ( after so much blood and millions of our treasure expended ) for the protection of our persons , estates , & liberties , and of those we represent , against all arbitrary . proceedings , votes , impositions , taxes , and armed violence of our secluders , or their forces , that whereas by the * ordinance of god , the sword is given to the magistrate , only for the punishment of evil doers , & for the prayse of them that do well , we nor any of us who are quiet in the land , and accountable to law , wch is our birth-right , may not be hunted or seized by souldiers , for our former vote , and observing the declarations and remonstrance of this parl. the protestation , solemn league and covenant , and other oaths which lawfull authority have ingaged us in , ( and our secluders joyntly with us , and the army-officers too ) and in the consciencious observance whereof we hold our selves obliged to live and die . and having nothing ( if we know our own hearts , ) in our thoughts or endeavours , but that the true reformed religion may be preserved and flourish ; the plots of jesuits and romish emissaries prevented ; the privileges , rights , honour , and splendor of parliaments vindicated and restored , the laws and liberties of the kingdom cleared , rescued , and preserved from arbitrary violations , a d●e regard had to tender consciences , intollerable publick burthens eased , as comprehensive an act of o●l●vion and free pardon past , as will stand with publick safety , honour and justice ; trade in city and country restored , the increased swarms of starving poor relieved and imployed ; just debts and rewards both to souldiers , purchasors , and others satisfied and secured , and these ruined kingdoms happily established upon lasting foundations of truth , righteousnesse and peace ; now we have cleared our selves to the world , and those who have entrusted us , we can patiently attend gods future dispensations ; yet should be very glad , that as a * few of the faithfull nobility , when the kingdom was in much lesse danger , were judged so considerable , as to prevail with the late king to follow their advice , for the calling of this parliament in . so in this time of the greatest dangers and difficulties , that these . nations and the protestant cause throughout the world , ever wrestled or contended with , there may not be found amongst us , a generation of men , who for filthy lucres sake , particular groundlesse fears , apprehensions of lesse or suffering , guilt , self-seeking , ambitious aims of dominion over , or envy , or revenge against their brethren , or pretended self-preservation , shall continue our confusions and calamities , and as vipers gnaw out the bowels of their native country ; and because of a little present power , in their hands ( which like jona●s gourd they see by sensible experience may wither in a day , or be turned against them , ) harden themselves against the safe , sober , and christian councils of so many of the nobility , gentry , ministry and commonalty of all callings and degrees , as of necessity must conceive themselve ; for the safety of the nations , or perish with them , obliged to endeavor that the great council of this nation , ( by the advice of so many persons of interest and quality ) may be suffered to sit free of force or guards , but of their own appointment , and dead places filled up by new election , untill a free parliament , according to the triennial act , may be called and convened without interruption or praelimitations . that so by sober , discreet , peaceable , impartial , full and free councils , these three languishing divided nations , and the city of london ( the metropolis of this empire ) may be restored to their former renown , honour , peace , unity , prosperity and trade , the two great pillars of magistracy and ministry , vindicated from contempt and violence , and thereby a stable settlement obtained both in church and state , to the rejoycing of all that truly fear god at home , and the reviving and preservation of the reformed churches abroad , almost totally ruined , and become a prey to the common enemy , by our and their unchristian divisions . alexander ab alexandro , genial . dierum , l. . c. . erat igitur sena●oris officium , tam de promovendis magistratibus , provinciisque administrandis , quam de bellis , triumphis , supplicationibusque decernendis , deque praefidibus in provincias , & a●xiliis submittendis , de leg● de foedere , & pactionibus , ac to●a gerenda rep. libere sentire , ac fortem constantemque sententiam dicere . et si duae senatum distinerent sententiae , cum ●liud alii ●●nferent , id quod senatus maxima pars decer●●xet , id ra●um fieri annotatum est . an exact list of the secluded members names still living and those refusing to sit , till their restitution , to undeceive the nation and world . the earl of ancram sir ralph ashton kt. arthur annesley kt. william arthington john arundel mr. ascough sir john barrington sir thomas barnardiston sir robert benloes sir george booth kt. sir humphrey bridges sir ambrose brown kt. sir roger burgoin kt. francis bacon nathaniel bacon edward bainton john barker alderman maurice barroe william bell alexander bence col. john birch edward bish john bond doctor of law john bowyer kt. john boyes kt. major brooks major general brown samuel brown serg. at law francis buller iohn bunckly kt. hugh buscoen kt. iohn button sir henry cholmley sir iohn clotworthy sir iohn corbet kt. sir iohn curson kt. iohn carew william carrent colonel ceely robert clives elias crimes lionel copley iohn crew sir thomas dacres kt. sir francis drake sir william drake thomas dacres iohn doyle mr. francis drake sir iohn eveling of surrey sir iohn eveling of wilts sir walter earl william edwards robert ellison richard erisy george eveling mr william fenwick william lord fitzwilliams sir edmund fowel william foxwist iohn francis iames fiennis kt. nathaniel fiennis iohn fiennes sir gilbert gerard kt. sir harbotle grimston samuel gardiner francis gerard thomas gewen iohn glynne serg. at law samuel gott thomas grove sir richard haughton kt. sir iohn holland col. edward harley kt. major harley thomas hatcher iames herbert peregrine hobby thomas hodges denzil hollis francis hollis george horner kt. edmund hoskins henry hungerford colonel hunt sir anthony irby richard jennings vvilliam iones sir norton knatchull george keckwich richard knightly sir iohn leigh sir william lewis sir martin lister sir william litton kt. sir . samuel luke henry laurence kt. colonel lee mr. lewis col. vvalter long col. iohn loyd kt. mr. lucas mr. luckin sir . thomas middleton kt. john mainard serj. at law . mr. christopher martin major general massey thomas middleton thomas moor william morris kt. george montague col. edward montague kt. sir robert napper sir robert nedham sir dudly north kt. sir john northcot ▪ mr. nash john nelthrop john nixon alderman mr. north col. norton kt. sir richard onslow kt. mr. onslow arthur owin kt. henry oxinden william owfield sir john palgrave kt. sir philip parker kt. sir thomas parker sir edward partridg● sir john pellam sir william platers sir john potts kt. sir nevil poole sir richard price kt. sir robert pye robert packer henry peck william pierpoint edward poole col. alexander popham mr. potter thomas povy william priestly william prynne sir frances rus●●l kt. mr. ravinscraft mr. ratclifft charles rich col. edward rossiter sir beachamp saint-john sir john seymor kt. sir thomas soam robert scawen mr. scut col. robert shap●ot col. shuttleworth mr. springate mr. simon snow henry stapleton edward stephens john stephens nathaniel stephens kt. john swinfen col. william stroud mr. shuttleworth john spilman sir john temple sir thomas treavor mr. temple mr. thistlethwait samuel terri●k edward thomas esaia thomas john thinne richard tolson kt. john treavor kt. tho. twisden serj. at law . samuel vassal edward vaughan kt. edward vaughan sir william waller tho. viscount wenman kt. sir henry worsly thomas waller esq william wheeler col. whitehead kt. henry willes capt. wingate mr. winwood william wray richard wynne kt. sir john young . in all . besides above . secluded members , now dead since . whereof many were knights of counties , and of these yet living , . are knights of shiers , with kt. added against their names . upon an exact view of the members now sitting , or which are permitted to sit , if they were all present , being about in number , there are not above . knights of shires , citizens , and the rest burgesses , whereof seldom . appear at once together : the excluded and deceased members being also considered , it will appear , that the house of commons consisting by right of members : whereof there are knights of shires for england , and . for wales : there are no knights of the shires sitting in the house for these english and welsh counties following , bes●●es there are no citizens sitting for ▪ cities following , viz. bedford shire cornwall cambridgshire derbyshire devonshire dorse●shire essex glostershire har●fordshire heref●rdshire lincolnshire lancashire middles●x munmothshire norfolk nor●humberland oxfor●shire surrey shropshire southampton suffolk somersetshire sussex westmorland warwickshire yorkshire angl●sey b●eckn●ck cardiganshire carmarthenshire . carnarvonshire denbighshire fli●shire glamorganshire pembrockshire m●●●gomeryshire rad●●shire and but knight of the shire in each of the nine following counties . berkshire ch●shire hunting ●●nshire kent leicestershire northamptonshire staffordshire wil●shire worcestershire and only the full number , of knights of the shire in buckinghamshi●e nottinghamshire , rutlandshire , merionethshire . york westminster bristol canterbury chester exceter oxford lincoln worceste● c●ichester carlisle rochester coventry wells have no citizens in the house . and but one of the for london , for norwich , for bath , glocester and salisbury alone of all the cities in engl. having their full number . and there will also appear now wanting & excluded about burgesses and many of them of the principal burroughs in engl. so that the whole number now permitted to sit is about and the whole number excluded or wanting besides the lords so tha● upon an indifferent calculation and survey , there will scarce the th part of the commons be found at this time to have members representing them in parliament , and yet these take upon them to act , enact and impose , * taxe● not only as a whole commons house , but as as an absolute , full and compleat parl. of england , yea of ireland and scotland besides ▪ whose parliaments they have quite swallowed up , and monopolized to themselves ▪ imposing taxes on them , which no english parliament ever did . c. plinii pan trajano dictus melius omnibus quam singulis creditur : singuli enim dec●pere & decipi possunt ●●nemo omnes , neminem o●nes fe●ellerunt . finis . printed january . . notes, typically marginal, from the original text notes for div a e- a exact collection p. . b ibid. p. . c ibid. p. , . d exact collection , p. . e ibid. p. . * nota. f exact collection , p. , . g exact collect . p. . h ibid. p. . i exact collection , p. . k exact collection , p. , &c. l exact collection , p. . m exact collection , p. . n exact collection , p. , , , . o exact collection , p. . p ibidem p. . (q) exact collection , p. . r p. . s p. . t exact collection , p. . u ibid p. . x ibid. p. . y ibid. p. . z ibid. p. . a exact collection , p. . & appendix , p. . b a collection of orders and ordinances of parliament in fol. p. , , . c a collection , &c. p. , . d a collect. p. . e. essex title . e ibid. p. . f ibid. p. , , . g ibid. p. ▪ * exact collection , p. , . , , , , , , , , to . , , , , , , . , , , ▪ , to . * none therefore , much lesse the majority of them may or ought to be suspended or secluded by the minority , or armed force . * see mr. pry●●es speech , decemb. . . * mr. edward stephens , and col. birch . * the army officers had thrice accesse into the house , the very day they secured and secluded the members out of it . * a pretty distinction to evade their order . nota * exact collection , p. , to . * who to make it sure dissented also , dec. . nota. nota. * see mr prynnes true and perfect narrative . * this was a new addition , not mentioned in any former orders . * not entred . * fidelissima custodia illius innocentia , hoc inexpugnabile munimentum munimento non egere , pli● . pa● . traja●● dictus . (a) see mr. prynnes , part of the register of parliamentary writs , p. , , , , part . p. , , . plea for the lords , p. , , . (b) plea for the lords , p. , to . the . pt. of the register of parliamenttary writs , p. , , , , , . , to . exact abridgment ▪ p. . (c) first part of the register of ▪ parliamentary writs , p. , , . plea for the lords , p. , to . exact abridgement , p. , , , , , , , , , , , , , , , , , , , , ● , , ▪ , , , , , , . , , , , p. , , , , , , , , , , , , . * h. . c . h. . c. . exact collection , p. . , , . a collection , p. . grotius de jure belli . l. . c. . ● * cook● 〈◊〉 report , p. . . see scobels memorials of the method and manner of parliaments , c. . . (f) scobels memorials . cooks institutes , p. . g dyer , . a. . a. ashes tables , error , to . and the lawbooks there cited . (p) scobels mem●●als , c. . see h. ● . i see . h. . c. . h. . c. . brook and fitzherbe●● , and ash . title dure●s . a collection , p. , , . (b) plea for the lords , p. , , . (c) exact collection , p , , to . (a) a collection of ordinances , p. , , . * jan and feb. . & , , , , , , , , , , , . augusti . , , , , , , , . sept. . octo. . see the parliament rolls , wherein receivers & triers of petitions are still appointed at the beginning of every parliament . exact abridgement of the records of the tower , tit. parl. in the table . the . art of the register of parliamentary writs . and plea for the lords , p. , , . * plea for the lords , p. ● to . * being by act of parliament . (m) lit sect. . cooks inftit . ● . , , , . . hobards reports , p. , . dyer . r. . c. . * cicero in antonium , (p) s●●●i●zherbert , brooks , s●●ham and ash title variance . * seneca tragin medae● . * alexand ab alexandro , gen. dierum , l. . c. . interrog●vit quisque quod placuit ; di●●e●tire , discedere , & copiam judicii sui reip. facere : tutum f●●t , consultio●nes atque dinumerati sumus , vicitque sententia ●on prima ▪ sed melior & major . c. plin. pan. trajano dictus , p. . * gen ▪ . . * exact collect . p. . s evact collection . p. , , . t exact collection , p. , . u modus tenendi parliamentum , cooks ▪ instit. c. . x a collection of ordinances , p. . , , &c. y a collect●o● p. , . * a collection p. , , , , . (z) see the d . part of the history of independency , and their declaration of march ▪ . * a lawyer now ●itting , lately used these words of the secluded members , that they would still keep them out perforce , and hold their noses to the grindstone , because they had the army on their side . (a) rom. , , , . prov. , , . obad. . . judg. . . rev. . . * cooks . rep. f. , . (b) pan. trajano dictus , p. . & lip●ius commentar. . ibid. p . (c) de clementia , l. . d in antoni●m . (e) register of parliamentary writs , part . p. . (f) e. . . r. . . h. . , . h. . . jac. c . brook parl. , . , , ▪ cooks instit. c. . * cooks instit. p. , to mr. hacwel●s , judge hut●ons , crooks , and mr st. johns arguments & speech against shipmony and impositions . (h) groti●s de jure del i , & p. ci● , l. . c. . feet . alex , ab alevandro , gen. di●●um , l. . c. . * page , , . . * the seizing of . pounds ready money by armed troopers and souldiers in a citizens house in pauls church-yard at . of the clock at night , the th . of this january , and carrying it away by order from white-hall , is a memorable performance of this declaration . * si● robert pye , and major fincher . * see the letters from the co●nties of cornwall , devon ▪ berk● , glocester , northampton , suffolk , &c. * the highest & worst of tyra●n●es and treasons . * rom. . , ▪ . pet. . . * exact co●●●tion , p. . notes for div a e- * and that not only on the laity , but clergy too : who cannot legally , and were not formerly taxed , but only by their own ●●ee grant and con●ent in convocation . the parliament doth declare, that the recognition of the government by the members of this parliament in the words following; viz. i do hereby freely promise and engage, to be true and faithfull to the lord protector, and the common-wealth of england, scotland and ireland, ... england and wales. parliament. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) the parliament doth declare, that the recognition of the government by the members of this parliament in the words following; viz. i do hereby freely promise and engage, to be true and faithfull to the lord protector, and the common-wealth of england, scotland and ireland, ... england and wales. parliament. sheet ([ ] p.) printed by william du-gard and henry hills, printers to his highness the lord protector, london : . title from first lines of text. order to print dated: thursday septemb. . . signed: hen. scobell, clerk of the parliament. reproduction of the original in the british library. eng england and wales. -- parliament -- early works to . oaths -- england -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no the parliament doth declare, that the recognition of the government by the members of this parliament in the words following; viz. i do here england and wales. parliament. a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion blazon or coat of arms incorporating the commonwealth flag ( - ) the parliament doth declare , that the recognition of the government by the members of this parliament in the words following ; viz. i do hereby freely promise and engage , to be true and faithfull to the lord protector , and the common-wealth of england , scotland and ireland , and shall not ( according to the tenor of the indenture , whereby i am returned to serve in this present parliament ) propose , or give my consent to alter the government , as it is setled in one person , and a parliament , doth not comprehend , nor shall be construed to comprehend therein the whole government , consisting of fourty two articles ; but that the same doth only include what concerns the government of the commonwealth by a single person , and successive parliaments . thursday septemb. . . ordered by the parliament that this declaration be forthwith printed and published . hen. scobell , clerk of the parliament . london , printed by william du-gard and henry hills , printers to his highness the lord protector , . die jovis, januarii. . an ordinance of the lords and commons assembled in parliament, for enabling a committee in the county of kent to put in execution all former ordinances of parliament concerning indempnity. england and wales. parliament. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) die jovis, januarii. . an ordinance of the lords and commons assembled in parliament, for enabling a committee in the county of kent to put in execution all former ordinances of parliament concerning indempnity. england and wales. parliament. sheet ([ ] p.) printed for iohn vvright at the kings head in the old bayley, london : [i.e. ] signed: joh. brown cler. parliamentorum. recites ordinances of may and june. sir john rivers, sir edward moyns, etc. are appointed a committee for kent. they or any five of them to act -- cf. steele. reproduction of the original in the british library. eng great britain -- history -- civil war, - -- early works to . kent (england) -- history -- th century -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no die jovis, januarii. . an ordinance of the lords and commons assembled in parliament, for enabling a committee in the county of kent england and wales. parliament. a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion die jovis , januarii . . an ordinance of the lords and commons assembled in parliament , for enabling a committee in the county of kent to put in execution all former ordinances of parliament concerning indempnity . the lords and commons assembled in parliament , having by an ordinance of parliament of the one and twentieth day of may , . and by an additionall ordinance of the seventh day of june last , provided for the saving harmlesse and indempnified all such souldiers and others , as have acted by the authority of parliament , or for the service thereof . and finding by severall complaints made to them , that it is a great charge and trouble to very many poore souldiers and others , to whom a due reliefe is intended by the said ordinances , to make their repaires to the city of london , and to attend the committee of lords and commons appointed by the said ordinances for the execution thereof ; the said lords and commons , in consideration thereof , have thought fit to order and ordaine ; and it is hereby ordered and ordained , that sir john rivers knight and baronet , and sir edward moyns , sir thomas style , sir richard harders , sir thomas peirce baronets , sir anthony welden , sir iohn honywood , sir nicholas miller knights , thomas plumer , iohn twesleton , lambert godfry , richard porter , george newman , thomas seylard , william iames , richard beale , iohn browne , william skenner , william boothby , william kenwrick , george hall , iohn bix esq iohn boys of elmington , robert scot , thomas blunt esq robert hales esq sir edward masters knight , thomas denne , robert ladd , iohn nutts esq sir iames oxinden knight , thomas broadnex , iohn holland , thomas boys of wilsbourgh esq george duke esq be and are hereby appointed to be a committee for the county of kent , for the putting in execution the severall powers contained in the said ordinances . and the said persons , or any five or more of them within the county aforesaid , are hereby authorized and appointed to take care from time to time duely to execute and performe the powers given by the said ordinances , as by the same is expressed and ordained . joh. brown cler. parliamentorum . london printed for iohn vvright at the kings head in the old bayley . . his majesties late gratious message and summons to the city of glocester aug. with their answer thereunto. england and wales. sovereign ( - : charles i) this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing c ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing c estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) his majesties late gratious message and summons to the city of glocester aug. with their answer thereunto. england and wales. sovereign ( - : charles i) charles i, king of england, - . broadside. by leonard lichfield ..., printed at oxford : . "let the world now judge if his majesty could have sent a more gratious message to his most loyal subjects, and whether these desperate rebels deserve any mercy, who after so many offers doe stil refuse a pardon. but since their returning this rebellious answer, they have set their own suburbs on fire, which surely is not to keepe the city either for the king or parliament." reproduction of original in the huntington library. eng great britain -- history -- civil war, - . great britain -- politics and government -- - . a r (wing c ). civilwar no his majesties late gratious message and summons to the city of glocester cug. [sic] . with their answer thereunto. england and wales. sovereign a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - paul schaffner sampled and proofread - paul schaffner text and markup reviewed and edited - pfs batch review (qc) and xml conversion his majesties late gratiovs message and summons to the city of glocester aug. . with their answer thereunto . out of our tender compassion to our city of glocester , and that it may not receive prejudice by our army , which we cannot prevent , if we be compelled to assault it , we are personally come before it to require the same , and are gratiously pleased to let all the inhabitants of , and all other persons , within that city , as well souldiers as others , know , that if they shall immediately submit themselves , and deliver this our city to us , we are contented freely & absolutely to pardon every one of them without exception ; and doe assure them in the word of a king , that they nor any of them shal receive the least ; dammage or prejudice by our army in their persons , or estates ; but that we will appoint such a governor , and a moderate garrison to reside there , as shal be both for the ease and security of that city and that whole county . but if they shall neglect this profer of grace and favour , and compell us by the power of our army to reduce that place ( which by the help of god we doubt not we shall be easily and shortly able to doe ) they must thank themselves for all the calamities and miseries must befall them . to this message we expect a cleere and positive answer within two houres after the publishing hereof , and by these presents doe give leave to any persons safely to repaire to , and returne from us whom that city shall desire to imploy unto us in that businesse . and doe require all the officers and souldiers of our army , quietly to suffer them to passe accordingly . august , . we the inhabitants , magistrates , officers and souldiers within this garrison of glocester : unto his majesties gratious message returne this humble answer . that we doe keep this city according to our oathes and alleagiance to and for the use of his majesty and his royall posterity ; and doe accordingly conceive our selves wholly bound to obey the commands of his majesty signified by both houses of parliament ; and are resolved by gods helpe to keep this city accordingly . de. wise major . john brewster . william luggo . my. singleton . thomas hill . thomas pury . john scriven . nich. webb . jo. dorney . anth. edwards . john halford . toby jordan . g. dawidssone . robert maxwell . edw. massie . con. ferrer . hum. mathews . isaack dobson . edward gray . charles blount . peter crispe . rob. backhouse . ja. harcus . tho. pury iun. rob. stevenson . tho. blayney . let the world now judge if his majesty could have sent a more gratious message to his most loyall subjects , and whether these desperate rebels deserve any mercy , who after so many offers doe stil refuse a pardon . but since their returning this rebellious answer , they have set their own suburbs on fire , which surely is not to keepe the city either for the king or parliament . printed at oxford , by leonard litchfield , printer to the vniversity . . a summary account of the proceedings upon the happy discovery of the jacobite conspiracy in a second letter to a devonshire gentleman. b. j. approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing j estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a summary account of the proceedings upon the happy discovery of the jacobite conspiracy in a second letter to a devonshire gentleman. b. j. p. s.n., [london : ] caption title. signed: b.j. reproduction of original in the cambridge university library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng great britain -- politics and government -- - . great britain -- history -- william and mary, - . - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - robyn anspach sampled and proofread - robyn anspach text and markup reviewed and edited - pfs batch review (qc) and xml conversion a summary account of the proceedings upon the happy discovery of the jacobite conspiracy . in a second letter to a devonshire gentleman . london , march . . dear sir , just now is come to hand yours of the th past , calling for my answer to that of the th , which i hope is now with you ; for i sent it by the last post , and also a duplicate thereof , as you desired , under cover to our friend at totness . however , lest those should be intercepted , i here give you a transcript of it , with the addition of some things which since occur , omitting the minutes which you requested me to hand to you of gadbury's and partridge's predictions of this hellish plot , having sent you their almanacks , and also that of woodward's , by the exeter carrier , which i know is a safe way . mine told you that on monday the th , the king came to the house of lords , and in a speech acquainted both houses ; that he was come on an extraordinary occasion , which might have proved fatal if it had not been disappointed by the singular mercy and goodness of god. that he had received several concurring informations of a design to assassinate him and that our enemies were very forward in their 〈…〉 for a sudden invasion of the kingdom . that his majesty had not been wanting to give the necessary orders for the fleet , and that he hoped there was a strength of ships , and in such a readiness , as would be sufficient to disappoint the intentions of our enemies . that he had dispatched orders for bringing home such a number of our troops , as might secure us from any attempt ; and exhorted them to do every thing which they should judg proper for our common safety , &c. upon this astonishing news the house of commons ( nemine contradicente ) resolved to address his majesty to congratulate his happy deliverance , and to give him their thanks for imparting the horrid design to the house , and to desire his majesty to take more than ordinary care of his royal person , assuring him that they will stand by , assist , and defend his majesty with their lives and fortunes , against the late king james and all other his enemies both at home and abroad ; and that in case his majesty should come to any violent death ( which god forbid ) they would revenge the same upon all his enemies and their adherents , &c. the house of lords also unanimously agreed upon an address to his majesty , to which they desired the concurrence of the commons ; who made some amendments thereunto , to which the lords agreeing : the same evening both houses attended his majesty therewith . you have here a copy thereof . we your majesty's most loyal and dutiful subjects , the lords spiritual and temporal , and commons in this present parliament assembled ; having taken into our serious consideration , what your majesty hath been pleased to communicate to us this day , think it our duty in the first place to give your majesty most humble thanks , for having acquainted your parliament , with the great danger your sacred person hath been so nearly expos'd to , and the design of an invasion from our enemies abroad ; we heartily congratulate your majesty's happy preservation , and thankfully acknowledge the signal providence of god in it ; and at the same time declare our detestation and abhorrence of so villanous and barbarous a design : and since the safety and welfare of your majesty's dominions do so intirely depend upon your life , we most humbly beseech your majesty to take more than ordinary care of your royal person : and we take this occasion to assure your majesty of our utmost assistance , to defend your person , and support your government against the late king james , and all other your enemies , both at home and abroad ; hereby declaring to all the world , that in case your majesty shall come to any violent death , ( which god forbid ) we will revenge the same upon all your enemies , and their adherents . and as an instance of our zeal for your majesty's service , we will give all possible dispatch to the publick business : and we make it our desire to your majesty , to seize and secure all persons , horses , and arms , that your majesty may think fit to apprehend upon this occasion . to which his majesty gave a gracious answer to the effect following , viz. my lords and gentlemen , i thank you heartily for this kind address : on my part you may be assured ; that i will do all that is within my power for the conservation of this kingdom , to which i have so many obligations . i will readily adventure my life for the preservation of it , and recommend my self to the continuance of your loyalty and good affections . the house of commons also the same day resolved upon the following association to be signed by their members . whereas there has been a horrid and detestable conspiracy , formed and carried on by papists , and other wicked and traiterous persons , for assassinating his majesty's royal person in order to incourage an invasion from france , to subvert our religion , laws , and liberty : we whose names are hereunto subscribed , do heartily , sincerely , and solemnly profess , testify and declare , that his present majesty king william is rightful and lawful king of these realms . and we do mutually promise and engage to stand by and assist each other , to the utmost of our power , in the support and defence of his majesty's most sacred person and government , against the late king james and all his adherents . and in case his majesty come to any violent or vntimely death ( which god forbid ) we do hereby further freely and vnanimously oblige our selves , to vnite , associate , and stand by each other , in revenging the same upon his enemies , and their adherents ; and in supporting and defending the succession of the crown , according to an act made in the first year of the reign of king william and queen mary , intituled , an act declaring the rights and liberties of the subject , and settling the succession of the crown . there is also an a●●●●iation agreed upon by the house of lords , which was carried by a majority , which will appear to be of a comfortable importance . their lordships association differs so little from that of the commons , that i do not transcribe it ; but shew you how they vary : instead of the words [ king william is rightfvl and lawful king ] their lordships insert , that his present majesty king william hath a right by law to the crown of this realm , and that neither the late king james , nor the pretended prince of wales , nor any other person hath any right whatsoever to the same , &c. ninety six of the lords spiritual and temporal , have already subscribed their association , and others , who were at first absent , come in daily ; it hath been refused only by , whose names lying in a narrow compass , i here give you . marquiss of hallifax . marquiss of normanby ( who when king james abdicated we knew by the title of earl of mulsgrave . ) earls of nottingham . chesterfield . thanet . winchelsea . scarsdale . earls of craven . feversham . aylesbury . lord jeffries . lord chandois . lord ferrers . dr. sprat , bishop of rochester . dr. watson , bishop of st. davids . their lordships have also ordered letters to be sent to these undernamed peers , who are in the country , to attend the house ; and their subscribing is not doubted . the dukes of beaufort , and richmond . earls of rutland . derby . bristol . lord viscount weymouth . the lords fitz-water . leigh . lempster . osulston . willoughby . coventry . rockingham . the house of commons having , as i told you , agreed upon the above-written association , ordered it to be engrossed , to be signed by their members ; and near of that august assembly , which consists of , have already ( with great alacrity ) subscribed it . but some at present hesitate , some others refuse it , their names are underwritten . berks sends . members : william jennyngs simon harcourt . bucks . . alexander denton mountague drake sir james etheridge . cornwall . . henry lord hyde john manley daniel eliot henry fleming francis buller john tredenham seymour tredenham sir william coryton john mountstevens bernard granvile charles lord cheney * francis gwyn . cheshire . . sir thomas grosvenor . derbyshire . . sir gilbert clarke . devon. . francis courteney * sir edward seymour john granville . dorsetshire . . * thomas strangways thomas freke * richard fownes . chor. . * robert byerly sir mannaduke wivill sir michael wentworth . essex . . sir eliab harvey . glocester . . robert payne william frye richard how john how. herefordshire . . robert price . huntington . . anthony hammond . kent . . * sir john banks . lancashire . . leigh banks thomas brotherton sir roger bradshaw peter shakerley . lincolnshire . . george lord castleton sir john bolles . norfolk . . sir john wodehouse . northampton . . thomas cartwright * gilbert dolben . northumbecland . . * william foster . oxford . . * mountague lord norris * sir robert jenkinson heneage finch sir edward norris thomas rowney james bertie sir robert dashwood . salop. . * edward kynaston john kynaston * andrew newport * george weld . somerset . . sir john trevillian * edward berkley * john sandford sir charles carterett sir john smith . southampton . henry holmes * thomas done staffordshire . . * robert burdett sir john leveson gower * john grey * sir henry gough . surrey . . john parsons . sussex . . * sir william morley john lewknor sir thomas dyke william stringer . warwickshire . . william bromley andrew archer george bohun * lord digby francis grevill . westmoreland . . sir william twisden * sir christopher musgrave . wiltshire . . robert bertie william harvey henry pynnill thomas bennet william daniel . worcestershire . . samuel swift * henry parker . wales . . * edward jones jeffery jefferies * sir richard middleton * edward brereton sir john conway * thomas mansel , in all but dissenters . pardon me , sir , that i forgot to insert the name of wi : williams , who you may remember spew'd sir robert peyton out of the house of commons , for corresponding with the late king when duke of york . and who told king charles ii. that the commons were not given to change ; but it is now evident that some of their quondam speakers are . on tuesday the house ordered that their absent members , as they come to the house , do come up to the table , and sign the association ; or , in their places , declare their refusal so to do : and on thursday it was ordered that the association , and the subscriptions thereunto , be entred upon the journal of the house ; and resolved that it be presented to his majesty , by the speaker , and the whole house , before the end of the session . it was also , the same day , ordered that such members who have not already , shall by monday fortnight sign the association , or declare their refusal ; and i do on as good ground , as gadbury foretold the plot , predict that the body of refusers in this honourable house will scarce , at the summing up , amount to the number of one hundred . permit me now ( dear sir ) to recreate my self a little in remarking on what i have laid before you . as the doubting lords are but few ; so of the twenty six members of your large and rich county of devon , you find but three dissenters : and but one ( i include not their bishop ) of the eighteen in the spacious county of kent . no more than one out of twelve in another of the largest counties of england , i mean norfolk . to augment their number , essex ( another of our greatest counties ) furnishes one out of eight . cheshire one out of their four . derbyshire one out of four also ; and herefordshire such another one out of eight . the diminutive , but opulent , county of huntington , has lent them another out of four : and that honest county of surrey one out of fourteen , but i assure you it is a very sorry one. you find not one of the sixteen members for the cinque ports in this non-association ; and the twelve counties of wales have of their twenty four members but eight refusers , of whom one is now his majesties counsel , and was of king james's counsel against the bishops . indeed they have a recusant bishop to head them , of king james's own making ; but unless i misremember he was not one of the seven golden candlesticks . you want ( sir ) in the above-written list eleven of our english counties , which are these , bedfordshire sends members . cambridgshire . . cumberland . . durham . . hertfordshire . . leicestershire . . london , middlesex and westminster . . monmouthshire . . nottinghamshire . . rutland . . suffolk . . of which number , being , i tell you for their honour , there is not one recusant . i farther observe to you , that in the seven old associated counties , viz. essex , suffolk , norfolk , cambridge , huntington , bedford and hertford , there are but recusants ; and you will find above times that number of associating lords there . in london and the contiguous counties , viz. middlesex , bucks , berks , wiltshire , hantshire , surrey , sussex , kent , lincoln , and northampton , which make another counties , and send no less than members ; you will find , upon review of the foregoing list , that there had been but refusers , had not mr. done and mr. parsons added two to their number . now to detain you no longer in discoursing of the house of commons ; let this assure you that the city of london had like to have been as unanimous as the first counties . a common council was this last week summoned , where the foregoing association being proposed it was agreed unto and signed by every member present ( that whole body consisting of ) , one only excepted ; whose name may not be forgot , it is lawrence cole , a man of little note before he was one of honest mr. bateman's jury . i hope sir , this pleasant scheme of the kingdom , and its affairs , will in some measure relieve you from the panick fear into which you say gadbury and partridge had put you . now for the service of the government , you have my free consent to shew this to your honest neighbours ( especially to our friends of exeter and totness . ) nay to any man , for , tho as you know i pay a deference to sir e. seymour , and a far greater to the nations representatives , i am confident i shall not in this juncture incur their displeasure by naming a squeamish conscienced gentleman , who ( after years apprenticestip ) will not go the length to avow k. william's right to the crown . when a town is on fire , the blowing up a house is surely justifiable . our neighbour nation once upon a time told a bigger man than sir e. s. that a king for some crimes might forefault ; and had sir e. been thrown out of the house last week , i should not have laid it to heart . i have long agoe resolved to run a muck against all the enemies of this government , and know by consequence that i am to expect no quarter when it is overturned , which makes me now as fearless of being called to a reckoning , as i am of this plot ; but should that betide me , i wish it may be before the present commissioners for accounts . i have sir , been so prolix that i cannot now enter into the particulars of this diabolical conspiracy , but for your comfort it is happily discovered , and most miraculously disappointed . admiral russell now blocks up the french fleet about calais , and i hope to tell you by the next that he has destroyed them . the tower of london was to have been delivered up to the french cut-throats , and they say by major hawley an officer there ; it is certain he is secured . take heart my friend , for our enemies will not easily get possession of the powder there , and i am confident all the salt-petre in devonshire , ( should tuns be discovered in any vault there ) will not supply enough to blow up this government . for my part come what will , i resolve never to be bribed into the jacobite party ; no , tho i should be tempted with the value of such a cargo , which sir e. s. well knows is not less worth than l. you must not expect a license to this , for sir roger l'estrange had last night the mishap to be committed close prisoner to newgate . i am , sir , yours sincerely b. j. p. s. sir , i esteem my self obliged to beg pardon , that i have here repeated the name of worthy mr. cartwright of northampton-shire 〈…〉 yesterday , upon second thoughts , signed the association ; and i question not but the rest will fellow the good example he has set them . to the general council of officers the representation of divers citizens of london, and others well-affected to the peace and tranquility of the common-wealth. fox, margaret askew fell, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing f b thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) to the general council of officers the representation of divers citizens of london, and others well-affected to the peace and tranquility of the common-wealth. fox, margaret askew fell, - . sheet ([ ] p.) printed by john clowes, london : . anonymous. by margaret askew fell fox. annotation on thomason copy: "xber [i.e. december]. .". reproduction of the original in the british library. eng london (england) -- politics and government -- th century -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no to the general council of officers. the representation of divers citizens of london, and others well-affected to the peace and tranquility o fox, margaret askew fell a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion to the general covncil of officers . the representation of divers citizens of london , and others well-affected to the peace and tranquility of the common-wealth . as wee doubt not but the words of your friends will find acceptance , so our lives , liberties , and all that is dear and near to us , being imbarqued in the same bottom with yours , we cannot be so insensible , as not to take notice of the storm impending , nor so careless of our own concernments , as not to lay down our observations before you . when by the interrruption of government you reduced these nations unto that condition they are now in , though you could not be ignorant , that what you did , would be very grateful to the common enemy ; who alwaies had the parliament in an odious memory for the great things god hath done by them , and the little hopes they have of ever prevailing against their industry and prudence ; yet we cannot in the least suspect , that you could ( in that action ) have before your eys the contentment of your malitious and implacable enemies ; but rather a cordial and sincere intention of settling those things so long contended for , by a speedier hand then that of the parliament , ( of whose grave , slow , pace you were impatient ) exspecting thereby to give full satisfaction to all your friends and adherents , to the uniting of them the firmlier to you . other ends then these , we hope could not enter into the hearts of many of you ; and therefore , taking this to be the case , and knowing that experience is the best teacher , we desire leave to observe how little the successe hath hitherto answered your ends . it is visible to all that have any occasion to converse with your enemies , that they are exceedingly rejoyced at your late transactions , not doubting , but by the division of your friends , to have an opportunity to destroy both you and them . and it is also as visible , that your friends are dissatisfied , not being able to go along with you in your present undertakings ; and that , not only as they are without any warrantable call made out to them , but also , as they are against that acknowledged principle of all just powers , being ( under god ) originally in the people , and derived from them ; beyond which , we cannot be free to act , or own any thing for legal or unusurped ; knowing , that what is settled by a party , will alwaies be unstable , and subject to the wills , and alterations of that party ; especially , when it hath the sword , as the restauration of the parliament , though done with the greatest acknowledgment of duty imaginable , is now made use of by many ( though weakly ) for the justification of the late interruption . we cannot also , but in taking notice that you having already spent near half as much time upon the government alone , without bringing any thing to maturity , as the parliament did in that and all other affairs , hope you are ( to the vindication of them ) convinced of the greatness and difficulty of the work . and lastly , we may observe , that if by rooting up foundations you must necessarily give the common enemie a great advantage , you ought to be assured of a party able to oppose him ; and that if all your friends united , be a body small enough , for that end , you cannot rationally conceive that less then half will be sufficient to maintaine your quarrell , now your enemies are strengthened with the addition of france and spain , who without doubt are at this present vigorously at work . we might say much more upon this subject , but thinking it needless to persons who will be equally concerned with us in any common calamity , we shall not trouble you further then upon the whole to desire ( which we do with hearts full of sorrow and feare ) that since ( as we do assert ) the restless adversary is not likely to be idle ; that he cannot in all probability be opposed but by the union of your friends ; that there can be no union without restoring foundations ; that the interuption of government cannot be continued without weakening your hands to the strengthening those of your enemies ) that as the only way left us for our preservation you would speedily ( least otherwise it be too late ) withdraw the force from the parliament house door , leaving the members lately interrupted to return to the discharge of their trust in setleing the destracted affairs of this commonwealth , and making provision for future parliaments ; in doing which you willunite the hearts of your friends , oblige them to a cordiall conjunction with you in the opposition of the common enemy , and cause them once more to rejoyce in having the less reason to be afraid of what our adversaries can do unto us . this representation was delivered by divers citizens of london to the lord fleetwood the th , of this present december , . to be by him communicated to the generall council of officers , as the only expedient to deliver this nation from ( otherwise ) inevitable ruin and destruction . london printed by john clowes , . a discourse upon this saying: the spirit of the nation is not yet to be trusted with liberty; lest it introduce monarchy, or invade the liberty of conscience. harrington, james, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing h thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) a discourse upon this saying: the spirit of the nation is not yet to be trusted with liberty; lest it introduce monarchy, or invade the liberty of conscience. harrington, james, - . [ ], p. printed by j.c. for henry fletcher, at the three gilt cups in paul's church-yard, london : [ ] signed and dated: ja. harrington. may . mdclix. annotation on thomason copy: "may th "; " ". reproduction of the original in the british library and the harvard library. eng great britain -- politics and government -- - -- early works to . a r (thomason e _ ). civilwar no a discourse upon this saying: the spirit of the nation is not yet to be trusted with liberty; lest it introduce monarchy, or invade the libe harrington, james b the rate of defects per , words puts this text in the b category of texts with fewer than defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion a discourse upon this saying : the spirit of the nation is not yet to be trusted with liberty ; lest it introduce monarchy , or invade the liberty of conscience . london : printed by j. c. for henry fletcher , at the three gilt cups in paul's church-yard . a discourse , &c. david was a man after gods own heart , yet made the people judges of what was of god , and that even in matters of religion ; as where he proposeth unto the representative , consisting of twenty four thousand , in this manner : if it seem good unto you , and that it be of the lord our god , let us — bring again the ark of our god to us : for we enquired not at it in the days of saul , chro. . but men in this nation blow hot and cold : one main exception which the prelatical and presbyterian sects have against popular government , is , that as to religion it will trust every man unto his own liberty ; and that onely for which the rest of the religious sects apprehend popular government , is , that the spirit of the nation ( as they say ) is not to be trusted with the liberty of conscience , in that it is inclining to persecute for religion . what remedy ? ask the former sects , or parties different in judgment as to matter of religion , ( for the word signifies no more ) they tell you a king ; ask the latter , they tell you some certain or convenient number of princes , or an oligarchy : but saith the scripture , put not your trust in princes . it doth not anywhere say the like of the congregation of the lord , or of the people ; but rather the contrary , as is implyed in the example already alledged of davids proposition unto the representative of israel , and is yet plainer in the proposition of moses unto the whole people , even before they were under orders of popular government ; and when they were to introduce such orders , as where he saith , take unto you wise men , and known among your tribes , and i will make them rulers over you . now these rulers thus elected by the people , were supreme , both in matter of religion and government : in which words therefore , both by the command of god , and the example of moses , you have the spirit of the people trusted with all matters either civil or religious . throughout the testaments , old and new , ( as i have over and over demonstrated unto you ) the proceedings of god , as to the matter of government , go not beside the principles of humane prudence the breadth of one hair . let saints therefore , or others , be they who or what they will , work otherwise in like cases , or ( to speak more particularly unto the present state of things ) obtrude upon us oligarchy when they can or dare , they shall be , and soon confess themselves to be below men , even of natural parts . in the mean while , having thus the free leave and encouragement both of scripture and religion , i come unto a farther disquisition of this point by the card of reason , and the course of prudence . in all the circle of government , there are but three spirits ; the spirit of a prince , the spirit of the oligarchy , and the spirit of a free people : wherefore if the spirit of a free people be not to be trusted with their liberty , or , which is all one , with the government , then must it follow of necessity ; that either the spirit of a prince , or of the oligarchy , is to be trusted with the liberty of the people , or with their government . what the spirit of a prince intrusted with the government or liberty of the people hath been , we have had large experience ; and full enough of the spirit of the oligarchy : for a single council having both the right of debate and result , never was nor can be esteemed a commonwealth , but ever was and will be known for meer oligarchy . it is true , that the spirit of the people , in different cases , is as different as that of a man . a man is not of that spirit when he is sick , as when he is well : if you touch a sick man , you hurt him ; if you speak to him , he is froward ; he despairs of his health ; he throws down his medicines : but give him ease , he is debonaire and thankful ; give him a cure , and he blesseth you . it is no otherwise with the people . a people under a yoke which they have lost all hopes of breaking , are of a broken , a slavish , a pusillanimous spirit , as the paisant in france . a people under a yoke which they are not out of hopes to break , are of an impatient , of an active , and of a turbulent spirit , as the romans under their senate for life , the hollanders under the king of spain , and the english ( after the ruine of the nobility ) under the late monarchy . a people broken loose from their ancient and accustomed form , and yet unreduced unto any other , is of a wilde , a giddy spirit ; and ( as the politician saith ) like some bird or beast , which having been bred in a lease or chain , and gotten loose , can neither prey for it self , nor hath any body to feed it , till ( as commonly comes to pass ) it be taken up by the remainder of the broken chain or lease , and tyed so much the shorter ; as befell those in spain after the war of the commonalties , and the neapolitans after that of mazinello . but a people under orders of popular government , are of the most prudent and serene spirit , and the voydest of intestine discord or sedition ; as the venetians , the switz , and the hollanders . wherefore thus we may in no wise argue : a ship without tackling and steerage is not to be trusted with any fraight , nor can make any voyage : therefore a ship with tackling and steerage is not to be trusted with any fraight , nor can make any voyage . but to say that the people not under fit orders of popular government , are not capable of liberty ; therefore the people under fit orders of popular government , are not capable of liberty , is no better : as the former argument breaketh up all hope of trade , so the latter breaketh up all hopes of popular government . here lyeth the point . the mariner trusteth not unto the sea , but to his ship . the spirit of the people is no wise to be trusted with their liberty , but by stated laws or orders : so the trust is not in the spirit of the people , but in the frame of those orders , which as they are tite or leaky , are the ship out of which the people being once imbarqued , cannot stir , and without which they can have no motion . if the trumpet give an uncertain sound , who shall prepare himself unto the battel ? it is not a multitude that makes an army , but their discipline , their arms , the distribution of them into troops , companies , regiments , and brigades : this for the van , that for the rear-ward ; & these bodies must either rout themselves , which is not their interest , or have no motion at all , but such onely as is according unto orders : if they march , if they alt , if they lodge , if they charge , all is according unto orders . wherefore he that giveth the orders , trusteth not to the army , but the army trusteth him . it is no otherwise in the ordering of a commonwealth . why say we then , that the people are not to be trusted , while certain it is , that in a commonwealth rightly ordered , they can have no other motion then according unto the orders of their commonwealth ? have we not seen what difference there may be in an house elected by the counties onely , and an house elected both by the boroughs & the counties ? is this so much from the people , as from their orders ? the lacedemonian senate for life , before the institution of the ephori , was dangerous ; after the institution of the ephori , was not dangerous . the venetians , before the introduction of their present policy , were very tumultuous ; since the introduction of the same , are the most serene commonwealth . was this from the people who are the same , or from the difference of their orders ? if you will trust orders , and not men , you trust not unto the people , but unto your orders : see then that your orders be secure , and the people fall not . you the present rulers of england , now the object of angels and men , in the fear of god look to it . i dare boldly say , and the world will say to all posterity , if england through the want of orders be ruined , it was not that you needed to trust the people , but that the people trusted you . and of what orders have some of you that lay the people so low , and think your selves onely to be trusted , made offer ? do you not propose , that they who are or shall be intrusted , ( with power or authority ) be such as shall be found to be most eminent for godliness , faithfulness , and constancy to the good old cause and interest of these nations ? now i beseech you consider , if you mean to make your selves judges , without the people or parliament ( in such manner as you have owned your commander in chief ) who are godly , and what the interest of the nation is , what kind of commonwealth this must make : or if you mean to make the people judges , without which it is impossible there should be any well-ordered commonwealth , whether you can give them any other rule then according unto moses , take ye wise men , and understanding , and known among your tribes . consider whether those you would indemnifie for strengthning the late unnatural and dishonourable yoak , be eminent for godliness , faithfulness to the good old cause , or for asserting the interest of these nations ; and whether to impose such qualifications as may bring these or the like again into power , be the more probable way unto a free-state , or to leave the people acording unto the rule of moses , unto their judgement in these cases . you propose , that to the end the legislative authority of this commonwealth may not by their long sitting , become burthensome or inconvenient , there may be effectual provision made for a due succession thereof . i beseech you to consider what example can be produced of any one commonwealth wherein the legislative authority was not continually extant or sitting ; and what reason there can be that it should possibly be otherwise , the government remaining a commonwealth . consider whether in case the two houses of parliament had been heretofore perpetually sitting , the government had not been a common-wealth ; whether the intervals of the same , were not that in a good part , which caused it to be monarchical ? and so , whether the legislative authority in a common-wealth being intermitted , must not convert the common-wealth into monarchy , in case the intervals be guided by a single person ; or into oligarchy , in case they be guided by a council . lastly , consider whether such a council in the intervals of parliaments , be not , of all others , that molehil by which a tyrant can be most conveniently raised , for a jump into a throne , or what there is in this case to withstand him , though white-hall should be sold or pul'd down . again , you propose , that the legislative power be in a representative consisting of an house successively chosen by the people , and of a select senate , co-ordinate in power . upon which i beseech you to consider , whether there can be any safe representative of the people , not constituted of such a number , and by such rules as must take in the interest of the whole people : whether there be not difference between the interest which a people can have under monarchy , and the interest which a people ought to have under a commonwealth : and whether it be a good argument , that an assembly of four hundred upon intervals , was a sufficient representative of the people under monarchy , or under lords on whom they depended ; therefore the like may be sufficient under a commonwealth , where they are their own lords , and have no dependence . i beseech you to consider whether it be natural unto any assembly to resolve otherwise then according unto the interest of that assembly . whether it be not natural unto the senate , especially being not elected by the people , but obtruded , and , as i suspect , for life , to debate according as they intend to resolve , and to resolve according to the interest of the few , or of a party . whether it be not unnatural , confused and dangerous unto a representative of the people , rightly constituted , to debate , whether it be not natural to such a representative to resolve according unto the interest of the whole people ? whether the senate resolving according unto the interest of the few , and the representative resolving according to the interest of the many , be not the certain way of creating feud between the senate and the people , or of introducing blood and civil war . and last of all , whether to declare the senate and the representative co-ordinate , be not to give unto either council both the debate and the result indifferently , and in that the inavoydable occasion of such feud . lastly , you propose , that the executive power be in a council of state . upon which i beseech you to consider , whether ever the prytans in athens , the colledge in venice , or a council of state in any commonwealth , had any executive power , except in the management perhaps of a war , or treaty with forraign states . upon the whole , i beseech you to consider whether these propositions , and such like , be not contrary unto the whole course of popular prudence in all or any one common-wealth , and tending unto the certain destruction , or at least intolerable confusion of the people . yet are these , i suppose , intended by you as a bar unto monarchy , and a guard unto the liberty of conscience . to the orders of a commonwealth . the whole territory is equally divided into fifty tribes or shires : in every one of these tribes , the people of each parish elect out of themselves one man in five to be for that year a deputy of that parish . i but , they will choose cavalieres or presbyterians . well , if that be the worst , for discourse sake be it so . these deputies thus chosen in each parish , are upon some certain day in their year to assemble at the capital of their tribe or shire , and there to elect a few to be knights or senators , and a fuller number to be burgesses or deputies in the representative of the people . good : and these also must therefore be such as were their electors . so the soveraign assemblies of the nation will consist of presbyterians and cavalieres : and being thus constituted , will either introduce monarchy , or invade the liberty of conscience , or both . but these at their election take an oath of allegiance unto the comonwealth . an oath is nothing . how ! not among christians ? let us see what it hath been among heathens . brutus having driven out the tarquins , or roman kings , thought the spirit of that people not yet fit to be trusted with their liberty ; and for this cause gave them an oath , whereby they abjured kings ; which was then thought and found in that case to be enough . but if this would not have served the turn , what could ? for brutus to have expelled the kings , and yet not to have given the people their liberty , he well knew was not to have driven forth monarchy , but to have laid obligation upon the people to bring it back again in hatred of the oligarchy ; as we in our way of proceeding have felt , and continue still to feel , yet blame the people upon as good grounds as if we should say , the people are impatient of trusting oligarchy with their liberty ; therefore the people are not to be trusted with their liberty . but supposing an oath were as slight a matter as indeed in these days it is made ; these soveraign assemblies , though they should be thus constituted of presbyterians and cavalieres onely , yet could in no wise either introduce monarchy , or invade the liberty of conscience , for these reasons : the natural tendency of every thing , is unto the preservation of it self : but cavalieres and presbyterians under these orders are a commonwealth ; therefore their natural tendency must be to the preservation of the common-wealth . it is not so long since a roundhead was made a prince ; did he make a commonwealth ? or what more reason can there be , why if you make cavalieres and independents a commonwealth , they should make a king ? what experience is there in the world that the greatest cavalieres being once brought under the orders of popular government rightly balanced , did not thenceforth detest monarchy ? the people of rome ( libertatis dulcedine nondum experta ) were the greatest cavalieres in the world ; for above one hundred years together , they obstructed their senate , which would have introduced a commonwealth , and caused them to continue under monarchy : but from the first introduction of popular government , continued under perfect detestation of the very name . putting the case that the senate could have a will to destroy it self , and introduce monarchy , you must also put the case that they may have some interest to do it : for the will of every assembly ariseth from the interest of the same . now what interest can there be in a senate thus instituted , to destroy it self , and set up monarchy ? the senate can do nothing but by proposing unto the people : it is not possible for them to agree unto any thing that can be proposed , without debating it ; nor can any debate tend unto any such agreement , but in the force of reasons thereunto conducing . now what reason had ever any senate , or can any senate ever have , to incline them unto such an end ? no man nor assembly can will that which is impossible : but where a commonwealth is rightly balanced , that a monarchy can there have any balance , except the senate can perswade people to quit three parts in four of the whole territory unto a prince , or to a nobility , is impossible . but if the introduction of monarchy can neither be in the will of the senate , though that should consist altogether of cavalieres and presbyterians , then much less can it be in the will of the assembly of the people , though this also should consist altogether of cavalieres and presbyterians . but while we talk that the people will be so rash in elections , we observe not that this is but the rashness of the few , exalting their wisdom above the wisdom of the people . if it be not seen that a commonwealth so ordered as hath been shewn , must of necessity consist in the senate of the wisdom , and in the popular assembly of the interest of the whole nation , after such manner that there can be no law not invented by the wisest , and enacted by the honestest , what the people under such a form shall do , cannot be judged : and if this be seen , we must either believe that the exclusion of monarchy , and the protection of liberty of conscience , concern not the wisdom or interest of the nation , in which case they are points upon which the present power ought in no wise to insist , or that being according unto the wisdom and interest of the nation , that wisdom and interest so collected as hath been shewn , must be much more able to judge of , obliged to adhere unto , and effectual to prosecute those ends , then any hundred or two hundred men in the world , were they never so select and unbyassed . which nevertheless is not said against the ways we have to go , but for the end in which we are to acquiesce . the distinction of liberty into civil and spiritual , is not ancient , but of a latter date ; there being indeed no such distinction : for the liberty of conscience once granted separable from civil liberty , civil liberty can have no security . it was the onely excuse that the late tyrant pretended for his usurpation , that he coukl see no other means to secure the liberty of conscience . suppose an oligarchy were like-minded , would it follow that the tyrant did not , or that the oligarchy could not usurp civil liberty ? or is not this the onely plausible way by which they might ? what encouragement ( except for present ends , or some short time ) hath liberty of conscience had to trust more unto men , then civil liberty ? or what became of that civil liberty which was at any time trusted unto a prince , or to the oligarchy ? on the other side , where hath that free state or commonwealth been ever known , that gave not liberty of conscience ? in israel at the worst , or when it was scarce a common-wealth , paul earnestly beholding the council , that is , the sanhedrim , or senate of the jews , — cryed out , — men and brethren — of the hope and resurrection of the dead , i am called in question : and when he had so said , there arose dissention between the pharisees and the sadduces . — for the sadduces say , that there is no resurrection , neither angel nor spirit : but the pharisees confess both , act. . howbeit the sadduces , for the rest adhered unto the scriptures of the old testament , of which the pharisees made little or no account in respect of their oral law , or traditions . whence it followeth , that in this senate there were two religions , and by consequence that in this commonwealth there was liberty of conscience ; and so much the rather , in that besides these sects , and that also of the essenes , this commonwealth consisted in a good part of proselytes of the gates , who did not at all receive the law of moses , but onely the precepts given by god to noah . paul ( act . ) in like manner , seeming to be a setter forth of strange gods , ( in the commonwealth of athens ) because he preached unto them jesus , and the resurrection ; and the athenians , being given to spend their time in telling or hearing some new thing , they took him and brought him ( not by application of any violence , but out of curiositie and delight in novelties ) unto areopagus , or unto the famous senate in athens , called the areopagites , honoured by cicero , to furnish an argument against atheists ; where he argued , that to say , the world is governed without god , is as if one should say , that the commonwealth of athens is governed without the areopagites . paul being thus brought unto areopagus , or unto the place ( that you may see it was not under custody ) where the senators used to walk , stood in the midst of mars-hill , and preached : now the areopagites or senators , were some epicureans , who held as the sadduces ; and others stoicks , who held as the pharisees : and when they heard of the resurrection of the dead , some ( that is , the epicureans ) mocked , and others ( that is , the stoicks ) said , we will hear thee again of this matter . and paul ( for another argument that he was all this while at his own disposing , & full freedom ) departed from among them . howbeit , certain men clave unto him , and believed , among which was dionysius the areopagite . so in the senate of athens there were now three religions ; the epicurean , stoick , and christian : whence it must needs follow , that in the commonwealth of athens , there was liberty of conscience . men that are vers'd in roman authors will have little reason to doubt , that the learnedst of this people gave not much credit unto the fabulous religion that among them was national : among these , as is yet apparent by his writings , was cicero , who nevertheless lamenteth , that he found it easier to pull down a religion , then to set up any ; yet was neither cicero , nor any man of his judgement , for this , less capable of being consul , or of any other magistracy . all things are not equally clear in every story , yet shall no man give one reason or example that it hath been otherwise in any commonwealth . it is true , that the popish commonwealths do not give the liberty of conscience . no man can give that which he hath not : they depend in part , or in the whole , as to religion , upon the church of rome ; and so have not the liberty of conscience to give : but even these do not take it away ; for there is no popish commonwealth that indureth any inquisition . now i say , if there be no reason nor example that a commonwealth ever did invade the liberty of conscience , either there must be some cause in nature , which hath hitherto had no effect , or there is no reason why a commonwealth can invade the liberty of conscience . but the reason why it cannot , is apparent : for the power that can invade the liberty of conscience , can usurp civil liberty ; and where there is a power that can usurp civil liberty , there is no common-wealth . to think otherwise , is to measure a commonwealth by the overflowing and boundless passions of a multitude , not by those laws or orders without which a free people can no otherwise have a course , then a free river without the proper chanel . yet as far as we in this nation do yet stand from this object , we can perceive a difference between men , and orders or laws . a man will trust the law for a thousand pound , nay must trust it with his whole estate . but he will not trust a man for an hundred pounds ; or if he do , he may repent it . they who dare trust men , do not understand men ; and they that dare not trust laws or orders , do not understand a commonwealth . i told a story of my travels to some gentlemen that were pleased with it . the italians are a grave and a prudent nation , yet in some things no less extravagant then the wildest ; particularly in their carnaval or sports about shrovetide : in these they are all mummers , not with our modesty , in the night , but for divers dayes together , and before the sun ; during which time , one would think by the strangeness of their habit , that italy were once more overrun by goths and vandals , or new peopled with turks , moors and indians , there being at this time such variety of shapes & pageants . among these , at rome i saw one which represented a kitchin , with all the proper utensils in use and action . the cooks were all cats and kitlings , set in such frames , so ty'd and so ordered , that the poor creatures could make no motion to get loose , but the same caused one to turn the spit , another to baste the meat , a third to scim the pot , and a fourth to make green-sauce . if the frame of your common-wealth be not such as causeth every one to perform his certain function as necessarily as this did the cat to make green-sauce , it is not right . but what talk we of frames or orders ? though we have no certain frame , no fitting orders , yet in this balance there are bounds , set even by his hand who stilleth the raging of the sea , and the madness of his people . let the more wary cavalier , or the firy presbyterian march up when he may into the van , he shall lead this nation into a commonwealth , or into certain perdition . but if the old officers , men for the greater part of small fortunes , but all of large souls , ancient heroes , that dared to expose themselves unto ruine for their country , be restored unto their most deserved commands , this will be done , and done without a bloody nose , or a cut finger . we hope ye are saints : but if you be men , look with all your might , with all your prudence , above all , with fervent imploration of god's gracious assistance ( who is visibly crowning you ) unto the well-ordering of your commonwealth . in the manner consists the main matter . detest the base itch of the narrow oligarchy . if your commonwealth be rightly instituted , seven years will not pass , ere you● clusters of parties , civil and religious , vanish , not through any force , as when cold weather kills flies ; but by the rising of greater light , as when the sun puts out candles . these in the reason of the thing are demonstrable , but suit better with the spirit of the present times , by way of prophesie . england shall raise her head to ancient glory , the heavens shall be of the old metal , the earth no longer lead , nor shall the sounding air eternally renounce the trumpet of fame . ja. harrington . may . mdclix . finis . at the court at whitehall, the one and thirtieth of january, / , present the kings most excellent majesty ... whereas his majesty hath received complaint in council, that several justices of the peace ... england and wales. sovereign ( - : charles ii) approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing e estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) at the court at whitehall, the one and thirtieth of january, / , present the kings most excellent majesty ... whereas his majesty hath received complaint in council, that several justices of the peace ... england and wales. sovereign ( - : charles ii) charles ii, king of england, - . broadside. printed by john bill, christopher barker, thomas newcomb, and henry hills ..., london : / [i.e. ] other title information taken from first two lines of text. reproduction of original in the british library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng proclamations -- great britain. great britain -- history -- charles ii, - . great britain -- politics and government -- - . - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion diev et mon droit honi soit qvi mal y pense royal blazon or coat of arms at the court at whitehall , the one and thirtieth of january , / . present , the kings most excellent majesty his highness prince rupert lord chancellor lord treasurer lord privy seal duke of monmouth duke of lauderdale lord chamberlain earl of salisbury earl of bridgwater earl of peterborow earl of sunderland earl of clarendon earl of essex earl of bathe earl of craven earl of ailesbury earl of carbery lord viscount newport lord bishop of london lord bishop of durham lord maynard mr. vice-chamberlain mr. secretary coventry mr. secretary williamson master of the ordnance . whereas his majesty hath received complaint in council , that several iustices of the peace of several counties , cities and liberties within this kingdom , notwithstanding the many proclamations which his majesty hath beén pleased lately to publish , for the better security of his majesties person and government , and of the true protestant religion , do refuse , or neglect to put the same in execution , ( at which their neglect and refusal , at a time wherein 't is most apparent , that not onely his majesties royal person and government , but the true protestant religion within this kingdom , have been , and still are in great danger ) his majesty cannot but signifie his just displeasure : and therefore hath this day been pleased in council to order , that all his majesties iustices of the peace do with all care and diligence pursue his majesties commands signified in such his late proclamations . and his majesty doth hereby further direct the lord chancellor of england , upon due complaint made of the neglect or refusal of any of his majesties iustices of the peace , in the execution of the premisses , forthwith to put them , and every of them out of commission for the peace , as persons disaffected to his majesties government , and the true protestant religion ; and to put in their places persons who may be likely to act with more vigour and good affection . robert southwell . london , printed by john bill , christopher barker , thomas newcomb , and henry hills , printers to the kings most excellent majesty . / . peace and not warre: or the moderator. truly, but yet plainly, stating the case of the common-vvealth, as to several of the considerable councils & transactions from the year . to . by john harris, gent. an affectionate lover of his countryes peace. harris, john, gent. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing h thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) peace and not warre: or the moderator. truly, but yet plainly, stating the case of the common-vvealth, as to several of the considerable councils & transactions from the year . to . by john harris, gent. an affectionate lover of his countryes peace. harris, john, gent. [ ], p. printed for nath: brook, at the angell in cornhill, london : . annotation on thomason copy: "octob: .". reproduction of the original in the british library. eng great britain -- politics and government -- - -- early works to . great britain -- history -- commonwealth and protectorate, - -- early works to . a r (thomason e _ ). civilwar no peace and not warre: or the moderator.: truly, but yet plainly, stating the case of the common-vvealth, as to several of the considerable c harris, john, gent. b the rate of defects per , words puts this text in the b category of texts with fewer than defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - elspeth healey sampled and proofread - elspeth healey text and markup reviewed and edited - pfs batch review (qc) and xml conversion peace and not warre : or the moderator . truly , but yet plainly , stating the case of the common-vvealth , as to several of the considerable councils & transactions from the year . to . by john harris , gent. an affectionate lover of his countryes peace . london , printed for nath : brook , at the angell in cornhill . . the epistle to the reader . expect not that i should apologize or beg thy favour , either in buying , reading or approving the contents of the ensuing treatise . if in the publishing thereof i had had profit in my eye , then it would have been a necessary duty incumbent upon me , in order to my ends , to have fawned , flattered and baited my hook with , courteous , ingenuous reader , and the like ; but the bent of my spirit and intention carrying me another way , i have rather chose to play at hap hazard ; and although i may content none else , i am satisfied that i have pleased my self . i shall not give you an abstract thereof , or like one that would allure your liking , tell you more in the title and epistle than you 'l find in the book , there it is , let it speak for it self : possibly some may judge me peremptory , others phantastique , but for that i am armed , as neither seeking or valuing applause , or fearing or esteeming the contempt or malice of men . let it suffice , it is the product of several years experience , briefly , but truly according to the succession of councils and affaires related , and may serve as a clue to guide your memories ( yea and judgments too ) unto a right understanding of those things which probably hitherto you have had but some confused notions of ; and they too so disordered , that thereby you have not been able to weigh things aright , so as to owne or adhere to those principles of freedom and justice , in the attainment whereof your peace and prosperity principally consists . if i have been or shall be judged too severe or bitter in any expressions , in relation to persons or councils , i am sure it is so much against my principle , that if the nature of the thing could have been expressed in any other terms , and have retained the similitude , i should have forborne ; but although all truths ought not to be spoken , yet necessary ones must , and in many cases it is better not to speak at all , than not to the purpose . i have reason to believe that some will be angry , because probably they 'l judge themselves concerned : it is no news for the gall'd horse to kick , especially when he feeles the smart , his sore being cauterized : but i have this advantage , wise men will not shew it , and for such as are otherwise , their malice cannot prejudice . i will not tantalize you longer , but leave you to your likeing , having no other end herein , than to manifest my self thine in the service of my country , j. h. errata . pag. ▪ l. . r ▪ create for treat . p. . l. . r. you for them . l. . r. in this age for strange age . p. . l. . r. neer for meer . the moderator : truely stating the case of the common-wealth , &c. i shall not look back so far as to the originall of the government of kings , whether before the conquest or since , nor dispute the equity or conveniency of the principles , upon which they were established ; although much hath and may be spoken for and against that form , both from principles of divinity and reason ; on the one hand the divine institution being pleaded , and not to be denyed ; although on the other side , as to the manner of conveyance of , and investiture in the exercise of the office of kingship , it is alleadged , that there can be no power vested in one man over many , but it must be either immediate or mediate : an immediate power given by god ( say they ) none can claime ; if they can , let it appeare and we will obey gladly ; but if not , then their power must be mediate : and if so , then it must have its birth either from force , because stronger , or consent and election : if by force , how long soever continued , freedome may be regained by the people under that force , when ever opportunity serves : if by consent , then there is a mutuall obligation , the one to governe by a law , the other to obey by a law , and this ( say they ) is the most sure basis of government , whether it be exercised by one or many . the reason they give for this opinion ought also to be considered to prevent popular confusions . they say where the government of one or many is established by compact , there the people do not convey a power to any to be exercised over them , according to the lust or will of the magistrate , neither do they bind themselves unto any servile or slavish obedience , unto his or their commands , and therefore they establish on their behalf trustees , not onely to make and form the law and compact , by which they will be governed , but also to see that the same be duely performed on the part of the magistrate , without which , say they , it were a mockery , and not a government , each party obliged having upon principles of reason the same latitude of liberty to break the bond , whether of command or subjection . but my designe driving me another way , i shall onely take a short view of the state of the affaires and councils of this nation , under the government of the late king in the yeares . , . and so proceed till after many revolutions , we come to find england as it were clothed with feares and buryed in trouble and confusion as at this day , from the consideration of the causes whereof , the naturall consequences will by all unbiassed persons be readily deduced and applyed . it may be remembred into what parties the ecclesiasticall and civil councels , under that unfortunate prince were divided , viz. arminian and puritane , among the bishops and clergy , french and spanish , among the temporall lords , each party seeming to be most active in advancement of the kings interest , while under-hand they not onely introduced , but also nourished and made their own designes to flourish . i need not mention the consequences of the councels of those times , because the long intermission of parliaments , the excesse of monopolies , even to pins and all things of necessary use , the many illegall and unwarrantable taxes of money upon the subject , as in the case of ship-money , which though but small in it self , yet in respect of the principle upon which it was demanded , ( viz. a pretended necessity of which the king was sole judge ) by which the very propriety of every mans estate was and would have been destroyed . it being by the same rule as lawfull for the supreame magistrate to demand twenty shillings or twenty pounds , if he see cause , out of every mans estate , as one penny or any other summe , because by the grand charter of england , and severall other lawes then in force , nothing ought to be leavied upon the subject , but by and with the consent of the people in parliament : i say these things are so fresh in memory , that i shall not need to stir those embers any further that have kindled such a fatall fire in the bowels of these divided and distracted nations . onely give me leave to mention the method that was observed by the catholick caball , then governing in councill , to introduce those troubles , that have since been the necessary consequences of their then designments . as to the king , an unlimited prerogative was made the sugred bait to allure him to a countenance of , and compliance with them ; it being naturall for all men ( especially princes ) not onely to admire , but to reach at and covet the encrease of power and dominion , especially when the attainement thereof seemes to be facile , and the end advantageous . having brought him to their bent in that particular , then they began to spring that mine which had for severall yeares lain hid , viz. the introduction of popery , though not in its own name , nor with its own face , for as yet neitheir their councils nor forces were ripe for so great a work , and therefore the two factions spanish and french , being joyned to the arminian part of the clergy , who at that time greatly over-powered those that were called puritans , set on foot the orders for conformity and uniformity in publick worship , and imposed the publick liturgy or common prayer , setting the same above preaching , &c ▪ and this not out of any zeal to the glory of god , but in design to heat and perplex all such in the two nations of england and scotland , as were conscientious , to the intent that by that opposition which must consequently be made by them , whose principles could not submit to those unwartantable innovations , an occasion might be given them to incite the king to make use of his power by force to impose , what otherwise his proclamations and commands could not effect . and this from reason and experience , i alleadge to be the parent of the scotch war , begun under the command of that great spanish factor arrundell , generall , who indeed was the fittest to execute what had been so long hammering between him , his brother cottington , and other the cabalists of that faction . and by the way it is worth remembring , that while the king with all the power of the nation was engaged in the borders of scotland , by force to subject them , to the designes both of his own and their enemies ; the spaniard arrives in the downes with a powerfull fleet and army , the comming whereof was never so much as known by england , or at least taken notice of untill seen , although forraign preparations doe and ought , generally occasion ( nay necessitate ) domestick provisions for security : but the dutch dissipating them , diverted the storme , and left england destitute of that proof of their designe ; which if it had taken , we have cause to believe that pretended peace patcht up with the scots , had not been so soon made : but being put upon new councells , and that forraign assistance failing , they feared to rely upon the strength of their army ; ( which though as to men gallant and numerous , ) yet being somewhat divided , and all england behinde them in feares , the appearance of the spaniard as aforesaid having put men upon consideration ; lest the designe should appeare both to the king and his people , i say a peace is patcht up , the army disbanded , and a parliament called , by the expectation whereof the people began a little to be quieted , in hopes that by those physitians the nation might be cured of all its distempers . but such was the composition thereof , by reason of the prevalency of the court in point of elections of the commons , and mixture of interests of the lords spirituall and temporall , that as little could be rationally expected from them , as was effected by them at their meeting ; for as the intention of calling , was only to justifie the scotish war by a law , and to get money by a loane or subsidie to carry it on , to which the commons would by no meanes assent , so all expectations became frustrate by their speedy dissolution , and the setting on foot new councells and designes to increase the flame , and encite the king to make new leavies against the scots , imprison severall members of the parliament , and scotch commissioners sent and attending to ratify the treaty , seize severall of the ships and goods of the scotch , and by all meanes endeavour to suppresse and destroy the puritane party as they call them , who they judged the onely great enemies to the king ; whereas they took the exactest course in the world to make them such , all their designes and actings being clothed by his power , and strengthened by his warrant and commission . and to the end the want of money might not retard or hinder the vigorous prosecution of the war , the bishops open their bags and raine showers of gold thereby justly giving occasion for it to be called , bellum episcopale ; but notwithstanding their haste , the scots who suspected foule play , had formed an army , and were upon their march into england , before they could raise and rendezvouz , and maugre their speed , after their routing of a party nigh newborn , engaged by the earle of strafford , ( as is really believed ) upon designe to make the war certain , the scots enter newcastle , and possesse durham and parts adjacent , while the king retires to york , neither army proceeding any further to acts of hostility . but by the way it is observable , the earle of northumberland , who a little before could not be suffered upon any termes to pass trent , being popular in the north , and a moderate protestant , must be made generall , the better to colour the businesse ; and since the spanish assistance failed , a new forraign force must be made use of , and the catholick irish , his majesties then pretended most loyall subjects must be armed , and engaged in this religious war , contrary to reason , common rules of prudence or safety , and the consequences whereof did soon after visibly appeare in that horrid rebellion , which ended in the sorrow and ruine of the designers . the scots being in england , and necessities encreasing , many of the nobility and gentry were summoned to attend upon the king at york , where after mature consideration of the state of affaires , a paliament is agreed to be summoned , and writs issue out accordingly . the parliament being met , and an account being taken of the necessities and demands of the king , after many debates , the parliament resolve and declare , that unlesse they might be secured to sit untill the grievances of the people were considered and redressed , they would grant no supplies , nor intermedle with the scotch war , but leave it as they found it , or to that purpose . this resolution was a bitter pill to the court , and hard of digestion , but yet necessity has no law , down it must , and therefore an antidote must be prepared and lie in readiness as a cure for this poyson : for the case stands thus , if the parliament be not satisfyed , then no supply ; there is an enemy in the land , and an army ful of discontents for want of pay , the bishops bags either being emptied or shut up : now if the parliament pass an act for so many subsidies , upon the confidence of their security ; then though the king continue them to sit by a law , yet may the army or a considerable part thereof be by money hired to break them up , upon pretence of necessity , first created and then pleaded : upon which resolution the king is wonne to passe that act so much pleaded , as matter of his justification and concessions to the parliament . but whether he did really know , or were privy to the after game that was to be plaid upon them , after they had granted their supplies , i shall forbear to censure ; onely leave it to the judgement of the reader upon the consideration of subsequent transactions . but this is evident to the knowledge and experience of the author , that accordingly both by letters and commissions under the hand and seal of the king , many endeavours were used to engage the army to breake up the parliament , the forementioned act for their continuance notwithstanding ; and upon discovery whereof , the parliament were constrained ( though by contracting great debts upon the publick ) to undertake to satisfy the scots , and to pay and disband that army to prevent the designes , that were hatched and carryed on under their covert . and this i may call the first visible cause of the parliaments jealousie , that the king although he did seemingly comply with them , yet under-hand did depend upon , and was guided by other councells . it is not my businesse to give an account of the weekly proceeds of the parliament , onely by generall hints of things to lead you by a succession of some generalls , unto the remembrance of such affaires as may be conducible unto the end proposed . the business of delinquents , especially the earle of strafford , and disposition of the militia , were the most considerable visible causes of difference between the king and parliament ; other things might and did intervene , as additionall fuell to increase that flame , which since hath scorched ( if not burnt ) all on both sides that had a hand in the kindling of it : but probably busie instruments in each party , having designes retrograde to the grand end , which should have been peace and unity , viz. souldiers of fortune ; that desired to fish in troubled waters , and hoped to rise by others ruines , animating the court to extreames ; the greatest whereof was the illegall demand of the five members ; and others as busie to take that advantage , to abet the people in petitioning with seeming violence for such things as could not but in that juncture of affaires create jealousies and feares in the king ; i say things being brought thus into a suddain hurry , and the people which not many dayes before , upon his return from scotland , had entertained him with acclamations of joy ; now declaiming against him upon pretence of the denyall of justice : and being seduced by the forementioned counsellours , he first sends the queen for holland , and afterward leaves the parliament ; and retires himself from place to place , till he arrived at york ; to whom the parliament sent an humble petition praying his return , and severall members are commissioned to give his majesty satisfaction touching his demands : but the designe for war was laid , although peace was pretended ; and a seeming necessity for his departure pleaded , upon pretence of tumults ; the parliament was a burthen , and must be removed : and it is submitted to judgement whether the designe of the queens going to the spaw , publish● long before any of these pretended tumults ; ( which never appeared , untill the erection of the guard of cavalry against whitehall , to hinder the peoples recourse to westminster ; though with peaceable petitions , according to their just liberty : and his denyall of justice upon strafford , ) i say it is left to judgement , whether the bottom of the business of that voyage , was not to buy armes and engage orange and the dutch , to grant their assistance towards the carrying on of the intended war , otherwise it is not probable that the jewels of the crown by her pawned , and the money imployed for that purpose , would have been hazarded in such a voyage : but to proceed . to initiate the war , instead of returning to the parliament , although often petitioned to that purpose ; a guard must be raised for the security of his majesties person , and accordingly is ; in the meane time severall members of parliament , ( whether through fear of the event , or hopes or promises of advantage ; or by what other allurements i shall not determine ) betrayed their trusts , left the parliament , and went to the king at york ; thereby not onely giving countenance to those proceedings , but also much lessening the power of parliament . in the mean time commissions were issued under-hand , for leavies of men , in order to form an army against the parliament ; and provisions in hand for the erection of his standard at nottingham , which was soon after put in execution : these preparations put the parliament upon new thoughts , and seeing neither messages nor petitions could prevaile , and that there was a necessity laid upon them , either to betray the liberties of the people , that had trusted them , and the lawes of the nation , into the power of those evill counsellours , who had as aforesaid abused and betrayed the king and kingdome into so many troubles ; or otherwise to cast themselves upon the affection of their trustees , and the justice of their cause ; and in defence thereof to raise an army , which they accordingly did , and put the same under the command of the earl of essex ; with commission onely to defend their authority , and protect the people as much as might be from the force of the enemy . i shall not enumerate the various successes of the armies , being unwilling to renew the teares of the parents , widowes and orphans ; made husbandlesse , fatherlesse and childlesse in that unhappy war ; onely in respect of some subsequent transactions , i must give a hint or two of some remarkable passages , upon the basis whereof a great part of the succeeding narrative depends . the war being prosecuted with violence in all parts of the nation , an association of essex and other counties was made , and a distinct army , raised under the command of the earl of manchester ; others were on foot in other parts , according to their respective necessities under sir william waller , &c. but manchesters army being moulded for the most part of sober serious christians , though of different judgements ; god was pleased signally to own them in their actings and successes , more then any other force imployed at that time on the behalf of the parliament ; and particularly in that engagement at marston-moore , and the siege of york : the defeat then given being the first considerable weakning that ever the kings party received . i confess there were joyned in the said engagement the scots , who had been called in to the parliaments assistance : but as to their merit in that engagement , except some few of the gentry , i think it will become me to be silent , the whole brunt of the day lying upon the forces of fairfax and manchester ; and indeed it may well be reputed a sharp engagement , seeing all the generalls on both sides left the field , not knowing the success : in which dayes exercise , col : cromwel , then manchesters lieutenant generall , did eminently merit the praise of a prudent and valiant leader : not to derogate from those many others , in whose places respectively , they valiantly and faithfully discharged their duties . but by the way , give me leave to mention a passage that hapned soon after that engagement ; during the second siege of york as i may call it : the success of that battaile and daily expectation of the surrender of york , then despairing of relief ; put the army upon great expectation of a sudain alteration of affaires , either by a totall conquest or speedy and effectuall treaty ; whereupon the earl of manchester and l : g : cromwell discoursing concerning the regulating the exorbitancy of the nobility ; l : generall cromwell hastily replyed , that it would never be well with england , so long as the title of a lord remained ; by which it might have been judged , that such a principle of ambition as afterward manifested it self , had not lodged in his brest : but we see all is not gold that glisters , opportunity makes theeves ; and therefore it is not safe to trust the most specious pretences , if it may be avoided , for fear of the like danger . but as the parliament gained in the north , they lost in the west ; the different commands creating different interests , so that the work was not like to prosper , unless there was a new model ; upon which the gentleman last mentioned being a member of the house , and having gained to himself a considerable party , upon the repute he had of honesty and gallantry : he then seeming , ( and i really believe ) at that time was a great lover of , and encourager of godlinesse ; i say having gradually increased his interest , and yet being unwilling it should appeare too considerable ; his design being not probably ripe for execution , a self-denying ordinance was introduced , ( i will not say by whom ; ) although the consequences thereof may and do speak handsomely to that purpopse : for that being passed , both essex , manchester ▪ waller , and all the members of parliament , whether lords or commons , were out of command , and himself too . so that as to the face of things , no man could judge of any design in him , more then the publick good : but things remaining in this posture , a generall must be thought on , and accordingly sir thomas fairfax , a gentleman of unquestionable integrity , and full fraught with gallantry ; ( but a person of a passive spirit as to councells , ) was made generall ; and the forces put under his conduct : who no sooner was upon a march , and drawing nigh to a possibility of engagement ; but he directs a letter to the parliament , therein desiring that lieutenant generall cromwell might be sent to his assistance , upon which the house by a resolve impower him thereto ; for i never yet heard of any other commission : upon this he repaires to the army ; and in the quality of lieutenant generall manages the affaires , and steeres the councells thereof , upon whom he had a mighty influence , as having been the instrument of many of their advancements ; so that in effect , what ever success attended that army , the major part of the honour returned to the lieutenant generall ; besides the advantage by increase of interest and disposing of commands ; he countenancing and discountenancing whom he pleased , according as they were instruments fit to be imployed in his then growing designes . i shall wave the various occurrences of the war , and look forward till we find the war ended ; and the king delivered by the scots for a summe , ( much exceeding the salary of judas ; ) where remaining under an honourable restraint at holmby , commissioners were sent to treat with him , upon an accommodation fit for the king to grant and the parliament to require ; but as heretofore , that treaty was rendred also successeless ; the reason thereof is not very obvious : yet if the probable conjectures of some that in other things have not been mistaken , may be believed , the kings obstinacy in that treaty , had its rise from some encouragement given him of the division of the army , then set on foot by a party that called themselves presbyterian , at least seemed such , on pretence of the relief of ireland ; whereas in truth there was nothing less in design , then to divide the army , and to draw off pretensively for ireland ; such a party as they knew would joyne with them in their design against them , they called independents , and to disband the rest , and to bring in the king meerly upon the settlement of a presbyterian interest ; which though i cannot but judge some of them godly men , yet so far as they are rigidly acted , upon that principle of coercive power over mens consciences ; i think it would be madness to impower them by a law , who have a zeal but not according to knowledge ; and are led by a hot-braine party , some whereof are ministers ; who could not indure the exercise of that power in the episcopall clergy over themselves , but cryed it down as antichristian , & yet are ready to contest unto fire and fagot for the exercise of it over their brethren , every way as learned , pious , laborious and faithfull as themselves ; though probably not so covetous , as to have two or three livings and lectures : but this by the way . the treaty was dissolved , and the army refused to disband or be divided , untill they had their arreares secured , and saw the ends proposed by the parliament , as the fruit of all that blood , and treasure that had been exhausted in the war , in some measure answered to the people , of which they were a part as englishmen , as well as souldiers : the flame being thus kindled by the hot-spurres of the house , holis , prinne and the rest ; major generall skippon and others more moderate must be imployed to quench the fire ; and in the meane time a new design is set on foot to remove the king from holmby to some place of security , and then in his name to declare against the army and their abettors in the house ; and by that means to bring all the fury of the wearied people of the nation upon the souldiery , that had been in the hand of god , instruments of that peace they then injoyed ; and had it not been wisely foreseen and prevented , the consequence thereof had been much worse , to severall thousands of the godly people of this nation , then either the bishops persecution , or former war ; i confess i must call the work good , though not the manner of it , nor event , to remove the king out of the hands of a party , that intended to monopolize his power , to the ruine of their brethren ; i think was not only fit , but of absolute necessity : but to deny the giving the command , and to call god publickly to witness a lye , as did the l. g. in parliament , as i have been informed ; i look upon it if true as the first rivolet that began to let in a deluge of miseries upon himself and family . but the king was removed , and the camp metamorphosed into a court , some of the then principall commanders learning to flatter sooner then they could to fight . how the king was courted as to the giving of honours , thereby endeavouring to render the advancement of four or five general officers , the price of the blood and treasure spent in the war ; severall papers printed and published by some that were nick-named levellers , and confirmed with the losse of their bloods as sure testimonies , may sufficiently evidence ; and for my part , i do really believe when the king lay at causham , and was afterward upon his publick and solemn engagement , not to do any thing that might tend to the disturbance of the peace ; ( besides his private promises to whalley and others ) that the commanding part of the army , did really intend his re-establishment ; otherwise it would not have been pressed with such candor and zeal , by their addresses to the parliament ; neither would they ( having petitioned the parliament , not to command them to bring the king nearer london , ) notwithstanding bring him to hampton court ; and permit the scots commissioners to have free access ; whereby the king became lyable to the breach of his engagement , by giving commission to hamilton to invade , and also thereby gave birth to all those following insurrections of surrey , kent , &c. set on foot by the royall presbyterian sticklers , on purpose to give time by busying the army , for hamilton to fall into the association ; which if effected , the consequences thereof may be easily judged . i need not mention the dispute between the parties , about the militia of london , nor the issue thereof ; since it produced no good on their part that contrived it : but the flight of some and imprisonment of others ; and the positive owning of that party of parliament that were opposers of that interest . onely it will be worthy consideration what method was then observed by o. c. who then managed all the affaires of the army in effect , and had as hazardous a game to play between the insurrecters & levellers as ever came to hand ▪ for the case thus stood , the king ( by whose restauration he expected the old honour challenged by the cromwells , as was then suggested ; and upon whose account he had exasperated his truest friends ) had left him in the midst of a divided army , fired with discontents , all ready to fall on him ; ( a considerable part of the parliament then sitting , being disobliged and angry ; as having some jealousies that he designed his own greatness ) to oppose the fury of a potent nation ; backt with the power of a rich and prevalent party in the kingdom ; besides the reliques of royalty , that the sun-beames of his complacency and countenance , had also warmed and enlivened to give him new trouble . seeing himself thus ensnared , if by the most reall discovery of his sorrow and shame for his aberation and wandering he could unite a considerable part of the army to stand fixt , and disband or casheere the wilfull , yet they must divide into the severall parts of the nation ; where the appearance of enemies required their service : leave the king to the charge and care of the parliament , he dare not ; and to carry him with him in his marches both troublesome and dangerous , therefore first the discontents of those called levellers , must be heightned , on purpose to give occasion of telling an officious , but false lie to the king to incite fear , viz. that the levellers intended his death by some sudden attempt , by which bait and the treachery of some of his own confidents , he was dril'd unto the isle of wight ; whither colonell hammond was sent to receive him ; yet all this while the parliament were kept in ignorance , and must be , it being not ripe for discovery till the issue of ware-rendezvouz was seen , and then just in the nick , as if the product of providence , newes of the kings being taken is promulged with much joy ; when he was never loose , but trapan'd as they call a snare faster then ever . having thus secured the king , the next work is to quiet the rebells , before the scots could be ready to invade ; but the work proving of greater difficulty and length then was imagined , had not the goodness of god , assisting major generall lambert in his conduct , beyond expectation retarded their march : it had been impossible for the forces out of wales , to have joyned , or been in a condition to fight them ; much less give them such a totall overthrow , as the successe of that day did manifest . after the rout of hamilton , and reducing of colchester ; we are at leisure to consult future safety , and in order to that , both parties are at work ; the royall pretended presbyter , whose interest depends principally upon the king : they press on a treaty , and the other ( as they had reason ) find no ground to trust him , that had broke such a solemn engagement , and put the nation to so much hazard : besides the expence of blood and treasure , which at that juncture of time was a great aggravation ; so that now the scale is turned , and that party that formerly thought nothing the king offered satisfactory , are now willing to receive any thing : and the other party that formerly were willing to depend upon the kings personall engagement , will not now trust his oath , though ratifyed by a law , as knowing that princes acted by policy , judge no obligation of force that thwart's their designed power or advantage . in the pursuance of these ends both parties act , the royall presbyters are at the old trade of petitions and engagements abroad , thereby to give countenance to their proceedings in parliament ; and being prevalent in the house , vote not onely a treaty in the isle of wight , but also without much adoe , as if the matter were concluded by instruction , vote the kings concessions satisfactory ; when if what was offered at uxbridge , upon those propositions , and at holmby by the king personally were considered , it wil appeare that there was more reason for the acceptance of peace then , then now ; the case being much altered : but it is evident it was not their affection , but the necessity of their interest , that drew them to this change of opinion . the other party had no reason if they could avoid it , to suffer these proceeds ; the ratification whereof must needs concenter in their ruines . the consideration whereof made then , not onely to consider the carriage of affaires by the king , who had left no meanes unattempted to destrey the parliament , and inslave the people , and that in opposition to that designe , the people ( being acted by them as their trustees ) had hazarded their lives , and spent their bloods and estates ; that therefore unless they would bring all the blood that had been shed upon their own heads , they ought in judgement and conscience , at least by a publick tryall of the king , to assert the publick justice of the nation ; in opposition to that principle of being unaccountable save onely to god : in pursuance whereof the treaty was dissolved , the king removed ; and soon after the heads of the said faction , that had so often attempted upon the parliament , as to breach of priviledge ; endeavour to divide the army , under-hand contrivances as to occasion the late insurrections ; of which severall of them might have been convict , if the more weighty affaires of the nation then on foot , had not constrained the parliament to wave their prosecution , and remain satisfyed , in that the clogs , that made their chariot wheels go heavy , were removed . as to the results touching throwing down kingship , as dangerous and chargeable , peereship as uselesse , and for the tryall of the king ; the records of parliament being extant , i shall omit to treat any further thereon , onely i shall adde this and submit it : whether seeing on all hands it is granted that the king , before he could do any regall act , did solemnly swear to rule according to the establisht law , and to grant such lawes as the people should choose ; whether i say the parliament , that were the most proper judges on that behalf , had not power by law to call him to account for the breach of the said oath ; especially seeing the breach of the said oath is without all manner of question . and whereas it is alleadged by those who cannot deny the former , that although the king may be accountable to a parliament , as the proper judges of law , and the breaches of it ; yet it ought to be legall and free . as touching these objections , they shall be in due time answered , to the satisfaction of all those that are not wilfully blind : but i must proceed with my narrative . the king being tryed and executed , whether by direction of parliament , or to gratify a particular design , concerns not me to dispute : however the waters that had been troubled , grew smooth and calm , and the parliament began to cure those sores that our many yeares troubles had occasioned . in particular , many publick debts were satisfyed , contracted upon the publick faith , in the beginning of the war ; and increased by new securities in the progress thereof . in short , affaires were so managed by the prudent conduct of councells , that not onely ireland ( whither o. c. was sent generall ) was in a competent measure reduced ; but also the forraign trade enlivened , and the most probable grounds of a sure peace laid , that outward appearances could warrantize ; and from impartiall judgements it must be allowed that england could never have been so unhappy , as to have run these risgoes of change & hazard , had not the aforesaid parties , councells and actings , been the principall designers and instruments therein ; but as their malice is implacable , so their endeavours are diligent and without intermission ; as the product whereof , the scotch were encouraged to a treaty at breda , with the eldest son of the late king , ( since crowned king of scots , ) it being from old experience known , that they never durst attempt any thing of late times against this nation , without encouragement by , yea and silver contributions too from engl. they being a people principald to gain , who ever lose ; and to make their design faster ▪ they made sure of the lord fairfax , who ( as was said before ) was a gentleman exceeding passive in counsels , though otherwise valiant and active ; it becomes not me to dispute the reasons of his dissatisfaction in some cases , what ever is not of faith is sin , let it now suffice , he refused to engage against the scots , and thereby put the parliament to the necessity ; and sending for o. c. then generall in ireland , who had much adoe to order his affaires there , so as to come timely to receive the power of generall , notwithstanding many letters sent him on that behalf : but providence ordered that the parliaments idol should be their scourge , otherwise probably as able , as honest , i am sure as faithfull and lesse dangerous , might have had the conduct of that affaire , and left him to the enjoyment of one , that by that means would not be contented with three : but he loved to be courted , that when time offered he might twit the parliament with their necessity and his service . into scotland he marches , and to give him his due , he under-went many hard-ships ; besides a dangerous fit of sicknesse , from which if god had been pleased in mercy to deliver him by death , i believe he had not been guilty of that perjury , blood and apostacy that afterward he contracted . being recovered , and the after-game ( though not at irish ) to be plaid in england , he having a man to enter , followed hard after and entred in season ; hit the blot at wor●ester , and came off victor , returned to westminster ; entered the quarters of the court , viz. the cock-pit , where he plaid the game so cunningly , that wanting enemies abroad , he conquered his masters at home ; and brought such an unparallel'd force upon the parliament , as never any king of england , ( though invested with a legall and regall authority ) durst attempt , and for the doing thereof in point of justification pleaded necessity ; alleadging that they designed to perpetuate their power , whereas if i be not informed amisse , when dissolved , they were passing the act for successive representatives , and had dissolved themselves and given a period to that law for their continuance , within very few dayes afterwards . but such a dissolution could not suit with his aimes : had they dissolved orderly , the power in the intervall would have been legally in the councill of state , and a necessity could not have been set on foot to call a convention of , ( i believe honest men ; ) but of interests and opinions as various as the colours in josephs coate , and as unlikely to cement in order to security , service or settlement , as tissue and broad ▪ cloath , which constantly fret and weare out one another . but the success of that convention was suitable to the designe of their calling ; for though during their sitting , they did nothing of any considerable moment ; yet at their rise , a party of them gave the power into the hands of the generall , who under colour thereof took upon himself the title of lord protector , but exercised the power of a tyrant : all his ordinances imposed on the people , being the meer products of his will , and formed upon the great plea of necessity by him created . should i ennumerate the manifold advantages that england did receive by his government , i fear this incredulous generation would not believe it , or at least would be distasted thereat ; i shall therefore onely mention some few for publick satisfaction . first , that honorable and advantageous peace made with holland . secondly , that glorious war made with spain , ( enlands fast friend in all the late troubles , ) by which the trade of england is more detrimented , then by all the wars we have had since . thirdly , that gallant expedition to santa domingo , whither was sent a considerable army upon two accounts , as is believed , the one to rid himself of some discontented officers , which he feared would obstruct his second design of kingship ; the other if the design took to render himself able by the expected treasure , to maintain a mercenary army , to subject the people to his arbitrary commands , which he judged the more facile , in respect of the pretended ease he gave them in abatement of taxes ; which he did not so much out of affection to the people , but to contract debts , and impose the payment thereof upon his pretended parliaments , thereby giving the people not onely an occasion of complaint ; but also by degrees eating out their affections to parliaments , and rendring the onely means of their restauration to freedome , burthensome , if not irkesome and insupportable . but because his great expectation in the indies , proved but a golden dreame , to save his credit the spanish war must be prosecuted in flanders , and in order thereto a peace is made with the french , an army is formed and transported under the conduct of sir john reynolds , a new knight made by the protector , some say as a reward for his apostacy from , and treachery to the levellers at burford ; of which if he were guil●y , the hand of providence , if not justice met with him and his comrade in their return from flanders , where they were buried in the sea without triumph , or teares , other then their own , their losse being concealed as long as possible ; till the trumpet of fame proclaimed the certainty thereof , maugre all opopsition . i shall not take upon me to give any reason , why the success of this army should be different from the former , although if their principles be compared , it may give some little light thereto ; let it suffice that their uninterrupted success gained him much credit , and rendred him very considerable abroad , though not much loved at home ; his whole life being accompanied with plots and conspiracies , some whereof were reall , although others t is feared of his own contriving : but to proceed . fourthly , his frequent imprisonment of the gentry and others , many whereof he had no other cause of exception against , then that they were faithfull to their principles , and so could not comply with his ends , and therefore as to be feared , so to be secured , and that not onely for months but yeares , to the ruine of themselves and families . fifthly , his frequent mockeries of the people in calling and dissolving parliaments , allowing them a face of freedom in point of election ; but afterwards winnowing the wheat from the chaff , leaving few or none to sit , but such whose interest or principles engaged them to imploy their wits in the advancement of his aimes ; they being but the journey-men to do the work , that was cut out by his cabinet junto , and as long as they acted in order to that end , they had good words and were feasted , but if they ran counter , then old harry with his dagger , i mean oliver would clap his hand upon his sword or breast , and not onely threaten but dissolve them ; of the truth whereof we had severall examples . i need not mention that great juggle of the act for kingship , and his cunning denyall of the title , ( which was the onely thing he gaped for , ) because he saw some eminent persons in his army , which though neerly related , did abominate his apostacy ; although by secret threats , and ingratiating promises , he did endeavour to allure them to a compliance with the actings of parliament , with whom it is believed he was really angry , because they accepted his answer , whereas he expected that they should have both passed and imposed that title upon him , and enabled him to plead necessity , as he did in assuming the protectorship . but i fear if i should mention any more of his good acts , i should either tire or offend the reader , and therefore i shall leave him to the obloquy that is due to a tyrant and usurper , and proceed to the short reign of his successor , who was a gentleman that had very few other faults , but that he was his son , and so unhappily became heire to the fruits of his fathers rapines and oppression . under whose government , the difference may easily be discerned betwixt the father and the son , the first governing the councell , the second being governed by the councell . one parliament was by him called , and not without necessity , for not onely his right in point of his fathers nomination to the protectorship was litigious and doubtfull , but also the engagements under which he groned , left upon him by his father , by reason of the arreares of the army and navy , and other publick debts amounting to some millions , engaged him to that course , notwithstanding which , such was the good husbandry , that as it is said many thousands of pounds were spent in a payment-like funerall , and in mourning bestowed on them that were able enough to buy it them selves , and had reason to do it , as having gotten by his life , and were like to be losers by his death . how the interests in that convention ( for i call them parliaments , for form-sake , not because i judge them legall ) their proceeds being but as of yesterday , and so fresh in memory , i shall forbear to examine , onely by the consequences , you may discerne the composition , for by the conjunction of the cavalier , royall presbyter , and new courtier , the common-wealths party ( notwithstanding they had almost all the wit and reason of the house on their sides , ) yet when it came to the vote right or wrong it was carryed against them , and such councells set on foot in order to the heightning the pretended , but not intended court ; and oppressing the good people under the notion of anabaptists , and sectaries , quakers and the like , all men that were opposers of that interest , being charged with some capitall character of distinction , thereby to render them marks of obloquy or subjects , of terrour and discouragement . and in this , being strengthened with an assurance of the concessions of the protector , they were heightned to that confidence , that contrary to all reason or former president , they took upon them to impose upon the army , by denying them the liberty of meeting together to consult their affaires either as englishmen , or souldiers , although but to petition ; the peoples right whereto hath been so publickly asserted , and contested for by former parliaments . to mention these things , amongst others then in design , the effect whereof we have now seen , although then under covert , gave the army just cause , not onely to consider the consequences of those councells , with the dangers accrewing ; but also to look back to their former actings , councells and engagements , and in order to the prevention of impending troubles , which if the parliament then sitting were continued , would not onely be nourished , but receive countenance to the introduction of monarchy , and ruine of all such as had been the opposers thereof : and not onely so , but a gap must have been opened to a bloody persecution of many thousands of the good people of engl. under the notion of anabaptists , seekers , quakers and the like , many whereof though differing in judgement , are faithfull to god and serviceable to the nation . i say these considerations amongst others induced them to press the protector to consent to their orderly dissolution , which at length he granted , and caused to be done by proclamation ; thereby putting at that present a check to the design which now hath manifested it self , and without all manner of question , had been on foot sooner by some months , had that power been continued . being freed from that fear , they cast about for future security ; and in order thereto by a declaration invite the parliament , called by the king , chosen by the people , and continued by a law , made in full and free parliament ; who in the day of englands greatest straits stood in the gap , and on whose councells and actions so perfect an impresse of the power , and owning of god was engraven in indelible characters ; i say calling to mind what foundations of justice , freedom and security to all persons , either fearing god or living peaceably , was by them laid in the settlement of a free-state without a king or house of peers , they not onely invite them to the exercise of the power from which they were illegally forced by their late generall , but also engage themselves to stand by them and defend them against their and the nations enemies . upon their meeting or immediately after , the protectorship ceases , and all things are reduced as nigh as may be to the order they were in , when the force was put upon them . i shall not trouble the reader with a journall of their proceedings , since the press abounds with subjects of that nature ; onely in respect i find much dissatisfaction upon the spirits of some persons that are otherwise well-affected , who scruple their right to the exercise of the supreame authority , and some such other frothy exceptions , i shall in a sober manner offer to consideration , the following particulars . . that this parliament was called by the kings writ , and freely chosen and sent up by the country , as their representatives and as such owned by the king . . whereas it is objected that the death of the king did dissolve them , it is answered ; that it is true in all parliaments but this : and had not they been continued by an act , the death of the king had dissolved them also : but if the death of the king , could not repeal that statute which is undeniable , then is their power of sitting warranted by law , and in this case there is no interregnum , otherwise by the same rule upon the death of the king , all the lawes of the land must lose their force , and the government divolve into its first choas , which were madness for any man to imagin . . whereas it is further alleadged , that although they were continued by an act , yet they were then a full and free parliament , consisting of three estates , according to the ancient constitution of england , it is answered ; that the peoples representatives , the commons assembled in parliament , were the originall authors and founders of that constitution pleaded for ; and as former parliaments had the liberty of establishing that form of government , which in that age might to them seem good and convenient , or at least being under a force ( notwithstanding many struglings to obtain their freedomes , ) were necessitated to take what the tyrants would afford them ; ( the truth whereof the contentions between the kings and people in all ages , about the great charter of liberties , doth plainly demonstrate ; ) i say be it upon which side soever , the peoples now representative , have as good a power to alter the form then established , and to introduce a new one if by them deemed most suitable and advantageous , to the people that intrusted them , as the former parliaments had to establish that ; otherwise the power of repeal of lawes , though never so destructive to the people is taken from them ; and they that upon the clearest principle of reason and law , are the most proper judges , are rendred but cyphers altogether useless and unnecessary . but as to the main part of the objection , the parliament consisted of three estates , viz. lords spirituall , lords temporall and commons ; for in the constitution of our parliaments , i do wholly exclude the king , who is in the judgement of law deemed major singulis , sed minor universis , and so cannot be brought into ballance with the parliament , who according to the practise of former ages before the conquest , ( to which governments the conquerers submitted ) parliaments were the great and onely conciliators , by whose councells the kings were wholly directed ; they having onely a power of advising with , but not of imposing upon the parliament , as to the election or repeal of lawes , as by ancient records if examined will evidently appeare , the late practice now pleaded as a principle , having by degrees been introduced and imposed on the people ; and that which was a violation of their charter of liberties , onely warranted by custom , against law . but now there are no lords , and not half the number of commons , that by the law is allowed to constitute an house . it is answered , that when the parliament was thus constituted and continued with one consent , they agreed in a publick remonstrance , wherein they unanimously declared , not onely what were the grievances of the nation , by reason of the misgovernment of the king and his evil council , but do also engage themselves to act as one man for the reformation of the abuses both in church and state ; and this i call the good old cause , at first owned and asserted by the parliament . in their endeavours to accomplish these ends , undertaken so solemnly and upon such serious grounds , they meet with many obstructions ; and the king endeavouring to protect delinquents , by forsaking the parliament and leavying of war , many of the lords and commons that had espoused the said good cause , and in their judgments declared it to be so , basesly apostatized , and joyned with the king against the parliament , of whom they were members , and with whom they had engaged for the obtaining a reformation ; and i hope if they were called by writ to sit at westminster , without an adjournment of the whole , they could not upon any legal account set up a juncto at york or oxford ; and in doing thereof , i hope it will not be denied , but that they justly forfeited their priviledge as members , and brought themselves under the judgment of the parliament for such their treasonable desertion . and thus one part of your lords and commons , so much pleaded for , are rightfully divested of that authority . as to your lords spiritual , they were those that had introduced those innovations in church-worship ; and in order to the supporting themselves therein , had set on foot the scotch war ; and therefore when they saw the parliament endeavouring to strike at the root , and that they , as principal instruments in mis-leading the king , were like to feel the lash of the law ; they being back'd by a part of the lords temporal and commons engaged in the same compact , make a protest against the proceedings of parliament , and for that unparallell'd and treasonable breach of priviledge are committed to the tower ; and as obstructers and hinderers of that good work of reformation , by a resolve of both houses are disabled to sit in parliament : neither did i ever hear or read that that exclusion was deemed illegal . the two houses being by this time much lessened in number , though not in power , they transacted together in the management of the war against the king and his evil council , & still in all their declarations , propositions and treaties insist upon the same cause , viz. the reformation of abuses both in church and state , and offer several suitable expedients for redress thereof . the war being ended , they that in the wildernesse were united , being in canaan in peace , began to divide , as to the manner of doing what both parties agreed convenient to be done . these divisions made the chariot-wheels go heavily , and what reason could not prevail in , faction must ; a corrupt party , as aforesaid , in both houses endeavouring , for by-ends , to prevaricate , and after all the bloud and treasure spent to obtain the forementioned ends , they endeavour to bring in the king meerly to gratifie their own particular interests , wholly waving the publick cause so much before contended for : and in order to the accomplishmēt of the said end , because they could not obtain it by vote , they bring a force upon the parliament , and necessitate the speaker and other the members of the house , that opposed their proceedings , to flye to the army for protection ; and not onely so , but in all their future actings and debates in the house , endeavour to divide the army , and introduce the king by a clandestine treaty , set on foot in the isle of wight ▪ after hamiltons invasion by the kings commission , whereby he had not onely rendred himself an implacable enemy , but also a person not to be trusted , having made and broke such solemn engagements , to the hazard of the nations peace , and great expence of bloud and treasure , thereby justly engaging both parliament and army to a resolution of proceeding against him according to justice ; which being for the reasons aforesaid opposed by the said corrupt royal party , and all their actings being diametrically opposite to the peace of the nation and priviledge of parliament , they were kept out by a party of the army appointed for that purpose , and that exclusion confirmed by the parliament , who certainly are the judges of their own members , and may exclude as many or whom they please , if any just cause appear to them for so doing . and as to the five or six lords remaining in the upper house , who , it s from good reason believed , had never staid with the parliament so long , if they had judged their interest as considerable on the kings party . if either the principles upon which they were established , viz. the will of the king , or their frequent actings , not onely to ballance but overtop the interest of the people in their representatives , by denial to pass many other good laws proposed by parliament , as well as the act against kingship , but also their challenging and exercising an arbitrary jurisdiction over the lives and liberties of commoners , over whom by law they had no power or cognizance , even to the subversion of that government , by the which they pretended to stand as peers : i say , if these things be considered , it cannot be denyed to be as legal an act as ever the parliament did , when they voted them useless and unnecessary , and reduced the power to its first principle , viz. to the supreme authority the people , in their representatives the parliament ; neither can it by reason or law be alledged , that all or any these mutations , changes and interruptions should take away or destroy their legal power , if there remained but two and forty , although it be evident that there remaineth a far greater number , and such too , as in all the nations troubles have been most eminent for piety , integrity and stability , in principles tending to freedom and security . i might hereto adde the signal blessing of god upon all their councils and actings , in so much , that not one weapon formed , or design set on foot against them , hath prospered ; but they have had cause of rejoycing , while their enemies have been ashamed . but i find another objection , and that is newly sprung up , viz. that they were not onely dissolved by their general , but submitted to the power of the protector , owned and acted under the government as members in his parliaments , as they call them , and as justices of the peace , and the like , and therefore their power of sitting as a parliament must needs cease . to which i answer , that their servant might and did by force interrupt them , but could not dissolve them , because he had not power to repeal that law made for their continuance ; and it is worth observance , how he and his accomplices were infatuated , in that in all his conventions ( in some of which he had power enough ) he never attempted the repeal of that statute , which , although such a repeal could not have been legal , yet it would have given some color to this objection ▪ but the law being continued , they could not be legally dissolved . and as to the other part of the objection , it is fit to distinguish between generals and individuals . i do believe that some particular members might and did act under his power , as john or thomas , &c. but not as a parliament ; the actions of one , or some few , not being to be applied to the whole . i confess , had the parliament , as now constituted of such and so many members , acted in order to the support of his tyranny , or submitted to his authority , by transacting with him , the case had been clear ; but their actings as individuals , while under a force , and that being upon principles of necessity , submitted to , onely to gain an opportunity to struggle for recovery of their freedom ; i would fain know upon what principles of law or reason this can be judged a dissolution ; but it s no news for discontented persons to create cavils , and then disperse them as material principles of reason ; whereas if they were but duly considered , they would appear to be but vain chymira's , vented on purpose to occasion disputes , and foment troubles and divisions . but the former is backt by another considerable plea against this power , and that 's the encrease of taxes ; and this seems to make an exceeding great noise , catches every ear , & furnishes discourse for every busy tongue , that otherwise would be at a loss for news to tell in a tavern or alehouse . as to the increase of taxes you may thank your selves and not the parliament : for pray remember in what condition you were , when they had that force put upon them , as to peace , trade at home , and credit abroad , nothing lying upon you but an ordinary tax and moderate excise ; and yet then as certain a charge lay upon the state , in respect of the dutch war , ( powerful navies being exceeding chargeable ) as ever the late powers could pretend to ; and yet still some publick debts were paid , as well as the armies and navies ; so that in a short time england had probable hopes of great ease , as to an abatement of their taxes , especially if an as honourable and advantageous peace had been made with the dutch , as this power proposed & insisted on , and for denyal whereof they undertook that war . but if you remember further , there hath been a spanish war , set on foot without the consent of parliament , and therein not onely many mens lives lost , but much treasure hath been expended ; and not onely so , but vast debts at home , and arrears abroad , contracted and owing both to the armies and navies , besides the charge of a court ( for the inferiour part of it ) more luxurious than the kings : by all which means great debts now lie upon the parliament , although you know what an exceeding great encrease of excise was granted by one of his conventions , to the discouragement ( if not ruine ) of trade : now , i say , this was englands , nay , give me leave to speak it to the shame of many , it was even the fault of those , who had most reason to assert the parliamentary interest , had not we repined , and like ignorant children eagerly desired a change , in expectation of better things , we had not in this manner met with worse : neither had the general , though his army had been united to him , ( which we know for the generality were surprized ) dared to have attempted their dissolution , or his own usurpation ; but we , like a company of weather-cocks , are now so frenchified , that every new fingle-fangle takes us , and we are more ready to run with our flattering addresses to them that forge strong chains for our heels , ( i might say , hearts ) than those that endeavour to recover and secure our freedoms . i need not mention the present occasion , the charge is visible in your eyes . now pray how shall these debts be paid ? the decay of trade , which you all experience and complain of , renders the revenue of the customs and excise very inconsiderable , and what other incomes may happen is uncertain ; you see there be enemies at home , and you have reason to suspect foes from abroad ; besides the visible necessity of a considerable strength , to ballance the discontents of honest men , who , as the case stands , are hardly to be trusted with the keeping of their own peace : now , i say , upon all these considerations , how can you charge the parliament ? you would have a protector , and still strive for a king ; nothing but a single person will please you : and yet although you lay all these foundations to contract debts , you are loth to have any hand in the payment : but soft and fair , self do , self have ; if you will have princes you must maintain them , and if your discontents endanger the peace , it is a necessary duty , incumbent upon the parliament , to keep an army to prevent you . englishmen are almost turn'd bedlamites , and , were not the lash threatned , harmony would be turn'd to discord , cain would slay poor abel , and all parties , like sampson and the philistines , would dye together , though probably their expectations may be otherwise . i know , to serious men i have said enough , as to this subject , and for self-will'd persons all that can be said is too little , because they are wedded to their own fancies . discontented persons desire no satisfaction , and malignant ones deserve none . i shall therefore proceed to offer some few quaeries to the consideration of all parties , that take themselves to be concerned in the peace and prosperity of england , and submit all to the consideration of the unprejudiced reader . . whether it be by any rational man supposed , that the kings of england , as single persons , had their power and magistracy by the immediate designation of god ? . whether ( if not by gods immediate appointment ) it was not attained by force or fraud , or conferred upon them by mutual compact and agreement for society and safety sake ? . whether ( if so conferred ) the people conferring was not the supreme authority ? . whether it can , upon any principles of reason , be imagined , that the people , thus sensible of the benefit of society , and in order thereto making choice of such a form of command and subjection , did not also by some equal rules ballance the power , to prevent tyranny in their king , and slavery to them and their posterities ? . whether ( if the power were attained by force or fraud , although for a time the people for necessity sake do submit ) may they not throw off that yoke , and recover their freedoms if by any means they can ? . whether , in case of compact , the king taking upon him the government , upon condition of performance , and that upon oath solemnly taken in the presence of the people , he shall notwithstanding act according to will and not law , thereby rendring that which was intended for the common good , a common mischief ; i say , whether in this case the people are tied up to a slavish , servile obedience , and left without all manner of remedy , either of divesting him of that authority , or of calling him to an account , or judging him by the said compact and agreement ; and if so , upon what principles of reason or prudence could they submit to such a slavery ? . whether , if the people may call their king or supreme magistrate to an account , they may not elect another , or choose and establish any other form of government , to them appearing most conducible to their safety ? . whether any government be more likely to answer the great ends of the people , than when their laws are made by their representatives equally elected and limited , as to the exercise of that power , so that he that commands this year shall taste of subjection the next , and therefore will be careful how he entails slavery upon himself and posterity ; the law binding all alike , and not saying , thou shalt not kill but i may , but whosoever sheddeth mans bloud , by man shall his bloud be shed ; and so in all other cases ? . whether the present parliament be not the most likely persons to establish a government upon the most equal principles of freedom , that have so frequently declared for it , so zealously contested against tyranny , even unto the bloud of the tyrant , and remain so solemnly engaged to god and man , both by their own declarations , promises and principles , according to the best of their judgments to accomplish it , and that as a testimony of their thankfulness for the eminent deliverances that god hath given them in their endeavours to obtein it ? . whether the discontents of the people , and endeavouring to bring in a family , that , it is to be feared , god hath set his face against for evil , may not onely provoke god to deal with england as with israel of old , and give them a king in his wrath , but also bring a judgment of war upon this nation , with the miseries accrewing ; and then , when it is too late , men will wish for that peace , which now is so irksome and troublesome ? . whether , if the present parliament had a desire ( as is pretended ) to perpetuate their power , the hair-braind actions of the generality of the present generation , doth not treat a real occasion , it not being safe to trust unskilful riders with such wild asses ? . whether , ( if notwithstanding ) the present parliament , through the blessing of god , shall attain the desired end of peace and freedom by the settlement of successive representatives , and make due provision for the equal distribution of justice , and having established this nation upon a sure basis or form of government , as a common-wealth , shall in some convenient time dissolve themselves ; whether , i say , most persons in england will not have just cause to take shame to themselves for the slanders , reproches , interruptions and hard thoughts they have harboured against their faithful patriots , who , maugre all difficulties , have been supported in their spirits to prosecute their work , resting upon the righteous judgment of god , and not valuing the threats or tumultuary disturbances of contrary-minded men ? my friends pardon my plainness , i do not speak from a principle purchased by reward : that which swayes with me to assert the forementioned premises , is , a reall knowledge of many of the gentlemen , and of their aym in the general ; and if the unbelief of england make not their chariot wheels heavy , i am confident that god will make them as great instruments of good to this nation , as they have been examples of wonder and astonishment to their enemies abroad and at home . but if by jealousies , murmurings and repinings , plots , insurrections and rebellions , men will not onely interrupt them in their work , but also necessitate them to act upon principles of safety and severity , i refer it to all rational persons , whether it be likely that they should ever be able to answer those ends ▪ which you so much desire , and yet by all crooked endeavours hinder ? how can you expect peace when you design war ? how can you expect ease from your burthens , while you create a necessity , rather of encrease of an army than of lessening it . certainly , if men would but consider former experiences , and eye what different methods god hath observed in bringing about his great and unparallell'd dispensations in these nations , contrary to all the designs or expectations of men ; i say , certainly were these things soberly considered , it would teach men patiently to wait in hope for the good they expect in gods own way , and not take upon them to prescribe how , and in what manner , or by what instruments it is convey'd . his arme is not shortned , why then should any man despair of attaining his desires ? is it not because he will confine god to such and such means ; and without it be done in such a way , it is presently concluded it cannot be done ? whereas both experience and late examples manifest , that god hath transformed the hearts and judgments , and turned the designs of the great men of the world topsy-turvy , beyond all expectation , as in the very case of the present parliament ; and without doubt , when ever they shall cease from designing his glory and the publick good , or render themselves unfit instruments for the work which he is doing in the world , then , and not till then , shall their counsels fail , and they shall be shattered and cast away as uselesse and unprofitable servants ; others , better fitted , shall be raised in their stead , ( for god hath a succession of providences , and all his councils are ordered and sure ) therefore wait patiently , and you shall see the salvations of the lord . lambeth , august . . this is the assured hope and expectation of him that desires to manifest himself ( friendly reader ) thine in the advancement of his countries peace , j. h. a post-script to the parliament and council . right honourable , having in the foregoing narrative taken the boldness to treat of you , give me leave now in plainness of heart to speak a few words to you . i confess you may justly demand , how dares such a poor , despicable , obscure creature , as i am , presume to paraphrase of , or dictate to you , that are the princes of our little world . i know by sad experience it many times falls out , that integrity is accounted arrogancy and singularity ; flattery better pleases the eares of great men than plain dealing , but i hope better from the greatest part of you ; however i have not learnt to flatter , nor know how to fear , therefore my reward is with that god that knows the bent of my spirit , and will in the latter end bear testimony , that what i have done herein proceeds from a principle of affection , not onely to your persons , but to the publick interest concentred in you . those travellers that fear dangers or desire safety in their journeys , use diligence in their enquiries , and receive direction with thankfulnesse ; but if an unknown or unthought-of danger be discovered unask'd , that doubles the obligation , and 't is not an unusual thing in long and dangerous travels ( especially where enemies are on all hands ) for such occasions to offer themselves . it is an old but true proverb , standers by see more sometimes than they that play ; and the reason is obvious , high conceit doth usually occasion oversight , and we are apter to discern other mens mistakes then our own : self-opinion and self-love are two of the most dangerous steers ▪ men that can possibly be employed at the helm ; and if captain humility look not carefully to the compasse ▪ 't is ten to one but the ship will either be split upon the rock of ambition , or swallowed up in the quicksand of oppression . that you have a difficult ( i may say dangerous ) journy to go , as being incompassed with enemies abroad , ( i wish i could not say at home too ) besides the clogs and remora's occasioned by domestick divisions , flowing from the difference of interest and principles , i think will not be disputed or denyed ; i might to the difficulty and danger adde the distance , for if ever you arrive at your journeys end , as you have set out from the wildernesse of tyranny and slavery , so you must never cease till you have attained the desired canaan of justice and freedom . you know it is said , that none obtain the prize but they that run to the end of the race , and truly i may say to you in the same sense , that it will not be sufficient for you to bring england to the borders , or within the sight of the enjoyment of those promised ends , you have so frequently declard for , and they have so earnestly desired ; unless god shall deal with you as with moses of old , and for your transgressions suffer you onely to see the land a far off , but you must with joshua , conduct the people into the possession of your promises and their hopes , maugre all opposition . and though there be many corah's that create fears and disparage the work , both as to the matter and manner of it , yet be not discouraged , but proceed ; and consider , that if the work was good when you first declared for and undertook it , although the way to the attainment be strowed with briars and thorne , yet certainly the end will be crowned with peace , glory and joy unspeakable . but what do i speak of the wildernesse when you have already entered into canaan ? the yoke of pharaoh is broken , and we are under a solemn tye and engagement never more to return to egypt , then in your march beware of the gibeonites . there be many , that because they cannot conquer , will flatter , and cry peace , peace : many will ( and do ) walk your wayes with other intentions , i beg of them therefore to beware of such covenant-mongers , for fear ( instead of freedom ) you entail slavery , or , at least , thrust an incurable thorn into the sides of your and our posterities . i shall not take upon me to point out the persons , that merit this appellation ; but i say , you may know them by their fruits , unless thistles do ( in this strange age , of strange productions ) bear figs. i shall therefore proceed to present a few things to your view , and humbly submit my self and them , to your serious consideration . . that great engagements do not onely occasion great expectations , but also create answerable obligations , both toward god and man . now give me leave to appeale to you , and beg of you to consider , whether ever a generation of men in power as you now are , lay under , or stood obliged to such , and so many solid , serious , reiterated , religious and civill engagements , as you are and remain at this day ; and if so , what need have you to take heed to your standing ! and as that noble heathen , who had his remembrancer every night to put him in mind that he must dye , so you , to recount your declarations and engagements , to the end not one of them be broken , so far as they are consistent with the glory of god , and good of this people , with the government of whom you are entrusted . . consider , that great mercies require suitable returnes ; that you have been partakers of infinite mercies inward and outward , i hope the greatest part of you experience , now pray what is a more suitable fruit of mercy received , then to manifest mercy to others ? i am sure , forgive us our trespasses , as we forgive others that trespasse against us , is the best argument that our saviour hath left us to make use of , when we beg forgiveness of god ; and if so , i cannot but judge it to be the best rule of our proceedings , and much better then an eye for an eye , or a tooth for a tooth . i speak not this to indulge or indemnifie traitors or disturbers ; but i offer it as an expedient in order to moderation , summum jus est summa injuria , there is a vast difference between justum and justa ; as too much security may endanger safety , so too much severity may by degrees introduce slavery , the consequence whereof is an equall , ( if not a greater and more incurable ) mischief . . that afflictions like the sun either harden or soften , make better or worse . god hath for your own and englands sinnes , for severall yeares past , judged you in the presence of the people ; and for my part i do not doubt , but under the sense thereof you have secretly and solemnly humbled your selves before the lord , acknowledged your wanderings and waywardnesse ; and not onely so , but have made your vowes and taken up resolutions , that if ever you were restored , you would do what ever your hands found to do with all your might , without dallying , denyall or delay : and i really believe your late ( i may say ) miraculous ( i am sure unexpected ) restauration hath been the fruit , if not of yours , of many of the good people of this nations prayers , who mourned over , and longed for you , as instruments by whom they expected deliverance from their threatned spirituall , and then inflicted temporall enthralments ; now upon this consideration , judge seriously both your work and your way . your work is to relieve the oppressed , and to let the bound go free . i might here inlarge , but in short , all oppressive lawes , whether relating to the consciences , persons or estates of men ; all oppressive rules used in courts of judicature , all oppressive exactions of bayliffs , goalers and prison-keepers , as to matters of debt and the like , ought with speed to be prevented and removed , as being ulcers that will suddenly occasion the whole body to gangreen ; and give me leave by the way to hint one thing that in a more speciall and immediate manner concernes your inspection : it is suggested very frequently , that there are exceeding great exactions used by some of your inferiour officers , intrusted with the custody of your prisoners of war ; which if true , renders your very mercy as meer cruelty as may be , i do not charge it ; and i know if any such thing be , it is both against your principles and former practise , and i am sure it is contrary to equity or the present interest ; many are prisoners that probably deserve more , and i believe others that merit not so much ; however though all are and ought to be subject to the law so far as guilty , yet none ought to be slaves to the will of their keepers , further then in order to their sure keeping : and whatever authority may be pleaded , the great exaction of fees , and the monopolizing of their bellies and purses , by denying the supply of provisions from any but themselves , and that sold too at a dear rate ; i say , ( if it be true , ) it is a great dishonour to the state , a punishable crime in the keepers , and a positive oppression to the prisoners ; and would be worthy your speedy inquisition , to the end your honour , and the publick justice may be vindicated . having heard great complaints to that purpose , i have thought it my duty in this way to inform your honours , and if it be possible to shame them out of such by paths ; all that is so gotten being but like a moth , that will devour and eat up the honest profit that might be got by their imployments ; but probably the thought of the gain will vanquish the shame , and if so , a just punishment seasonably inflicted , may work that repentance which friendly admonition could not accomplish . as to those declared foundations of freedom , upon which a sure basis of government is to be setled , i shall not take upon me to intermeddle , not doubting but the wisdom and interest of parliament is such , that as they will on the one hand take care to curb & restrain licentious prophanesse and oppression , so on the other hand , those that are pious and peaceable , though of what opinion soever , not contradicting the written revealed word , nor opposing the fundamental principles of religion , may and shall receive protection and encouragement , and not be left to the fury of phanaticks ; and in so doing you will bring much glory to god , good to his people in these nations , and lasting honour to your selves and posterities ; which is the daily prayer of , right honourable ; your faithful servant , john harris . finis . englands friend raised from the grave. giving seasonable advice to the lord generall, lievtenant-generall, and the councell of warre. being the true copies of three letters, / written by mr. john saltmarsh, a little before his death. saltmarsh, john, d. . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing s thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) englands friend raised from the grave. giving seasonable advice to the lord generall, lievtenant-generall, and the councell of warre. being the true copies of three letters, / written by mr. john saltmarsh, a little before his death. saltmarsh, john, d. . saltmarsh, mary. [ ], p. printed for giles calvert, at the black spread-eagle at the west end of pauls, london : . editor's note "to the reader" signed: mary saltmarsh. the words "lord .. warre." are bracketed together on title page. annotation on thomason copy: "july ". reproduction of the original in the british library. eng fairfax, thomas fairfax, -- baron, - -- early works to . cromwell, oliver, - -- early works to . england and wales. -- army. -- council -- early works to . great britain -- politics and government -- - -- early works to . great britain -- history -- commonwealth and protectorate, - -- early works to . isle of man -- history -- th century. a r (thomason e _ ). civilwar no englands friend raised from the grave.: giving seasonable advice to the lord generall, lievtenant-generall, and the councell of warre. bein saltmarsh, john b the rate of defects per , words puts this text in the b category of texts with fewer than defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion englands friend raised from the grave . giving seasonable advice to the lord generall , lievtenant-generall , and the councell of warre . being the true copies of three letters , written by mr. john saltmarsh , a little before his death . heb. . . he being dead yet speaketh . london , printed for giles calvert , at the black spread-eagle at the west end of pauls . . to the reader . these letters were written , and sent according to the superscriptions , by the author a little before his departure ; they might have continued in silence , as they have done ever since , but providence hath otherwise disposed , through the desire of many friends ; and you have them truly printed according to the originall copies . mary saltmarsh . for his excellency the lord fairfax . noble sir , god having raised me up from the power of the grave , though he hath not made known to me yet , what further use he hath of me , but i wait on him whom i have found to be my god , both in sickness and health . sir , at present i am prest in spirit to write to you , & i yet know no other but it is from the spirit of god . there is a mighty noise of unrighteousnesse and injustice in the proceedings at your councels as to the kingdom : and truly sir , this not in most counties onely amongst the people , but amongst the choicest , and the conscientious christians : the hearts of good people are departed from you very much , and from your army and counsells : and sir , whatsoever you or others may think and perswade your selves , yet i am thus free to speak , that god hath at present brought a dark cloud over you , and the lord shew you a way out of it , which is presented to mee to bee this onely way , stop not the breathings of god in meane private christians ; the counsells of god flow there , when the greater persons somtimes ( for his glory ) are left naked without a word of advice from him . i found this desolating evill beginning in your meetings . be faithfull to your ingagements for justice to the kingdome : you have many , and you promised speedy redresse of many things . consider and compare in the light of god impartially , how your first principles , and publike promises and proceedings answer each other : and where you have been unrighteous , delatory , or unfaithfull , be not discouraged speedily to depart out of those tents , least god overtake you with a dispensation of more righteousnesse , and judge you . sir , the cries , the teares , the prayers of the oppressed and afflicted , and the departing of many of gods people in their hearts from you , are and will b● burdensome stones , and cups of trembling . the lord direct you in this your day , that you may not depart from your first love , lest he who is the holy one , the just one , the god blessed for ever , come against you with the spirit of his mouth . sir , i have little more to write , the lord having discharged me of this burden , which was as fire in my bones : and truly the shadowes that some councells of the flesh have brought upon this army lately , hath reached to the darkening of all professing christians in the kingdome , in the hearts of the people of the kingdome : for , where should redresse come ( will they think ) if not from such as professe higher godlinesse then others ? sir , your servant , john saltmarsh . from laystreet in essex , from m. waddis house . for lievtenant-generall cromwell . sir , i have found the lord appearing of late in my weak estate , and i cannot but from these sweet shinings of his desire , to behold the like and more glorious in those who are called to greater actions . sir , it is the voice of people , but that which sounds loudest is the voice of choice , and spirituall desiring christians , that your proceedings have much injustice , great delayes , and the hearts of many good people are turning from you , as you are in these wayes , you are much accused of unfaithfulnesse to solemn ingagements : sir , i was moved long since , you may remember , to tell you what would follow in stopping the breathings of god in private and poor christians , and i must tell you , and i know other , but it is the voice of the lord in me , that i observe you and some others to begin an estrangement to such who were godly , honest and spirituall , and to avoid discourse and communion with them : me thinks i see in the light of god a black cloud over some of you in the army , and i am satisfied in spirit , that there are great transgressions amongst you against publike justice and righteousnesse ; behold , and you shall see before ye the rock against which both king and parliament were dashed , and truly sir , by what i see in your proceeding , and heare of your councells by honest men , some of ye hasten in the flesh to the same distresse . sir , break off this sin by righteousness , return to your communion with christians , let not the wisdom of the flesh intice you under the disguise of christian prudence , for that wisdome is not from above which is not pure and easie to be intreated ; run not to the old shifts of the flesh in these your times of straight , leane not on aegypt , or any imaginary strength which is not of god , if the lord in his goodness and wisdom will have some of your former glory which was his , and you might through temptation think your own , to perish : be not ashamed of the fiery triall , but close in with that which hath most of god in it , do you not hear an oppressed and afflicted kingdome crying out to ye ? believe it sir , all professing christians in all places will suffer what evill is done by ye , the lord shew you wherein you have counselled in flesh , neglected christians , delayed justice , failed in publike ingagements , neglected or grieved some afflicted christians whom you should have comforted , and then peace , glory , and excellent power will appear in you , and christians will blesse god in you , whilst you walk in that more pure administration : and sir know , that you in your person will injoy most of the good or evill that shall follow ; sir , god powres out fresh abilities freely and of meer grace , even rivers and streams of life in such weake vessells of his as we are , and at this fountain i desire you may now live . sir , your servant , john saltmarsh . for the councell of vvarre . honourable , not to repeat to ye the sad outcries of a poor notion for justice and righteousnesse , the departure of the hearts of many christians generally from you , the late testimonies of some in your own bowells , the withdrawing of that glory the lord formerly cloathed ye withall , but this i know ye have not discharged your selves to the people , in such things as they justly expected from ye , and for which ye had that spirit of righteousnesse first put upon ye , by an almighty power , and which carried you on upon a conquering wing : the wisdome of the flesh hath deceived and enticed , and that glorious principle of christian liberty which we advanced in at first , ( i speak as to christians ) hath been managed too much in the flesh . now if the lord hath opened to any of ye the unsoundnesse of any principles then , or in the management of them , i hope he will shew ye a better course and path to walk in , and now ye are met in councell , the lord make ye to hearken to one another from the highest to the meanest , that the voice of god wheresoever it speaks , may not be despised ; and think it no shame to passe over into more righteous ingagements : that wisdome which is from above is easie to be entreated , look over your first ingagements , and compare them with your proceedings , that you may see what you have done , what you must do ; i know it is unsavoury to nature to be accused or taxed , but i hope there will be found that spirit in you , that will esteem the wounds of a friend better then the kisses of an enemy . i write i know to such who in their first love were a people loving god , and his appearances in the meanest christian , and such as pursued the good and happinesse of the kingdome cordially : and if the lord hath not thought to take off the spirit of righteousnesse from ye , and put it upon another people , he will give you to discerne this last temptation wherein sathan hath desired to winnow ye , and ye shall be a diadem once more in the hands of the lord : for my self , as i am my self , there is neither wisdome nor counsell in me , but if the lord hath breathed on my weaknesse for your sakes , i shall rejoyce in that mercy and grace of his . i rest , yours in all righteous ingagements , john saltmarsh . laystreet octob. . finis . two letters of his sacred maiesty, one, in vindication of him, touching the irish affaires; the other, concerning the late mis-interpretation of one maine passage in his late letters. bristol, george digby, earl of, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing c ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing c estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) two letters of his sacred maiesty, one, in vindication of him, touching the irish affaires; the other, concerning the late mis-interpretation of one maine passage in his late letters. bristol, george digby, earl of, - . charles i, king of england, - . [ ], p. printed by leonard lichfield, printer to the universitie., oxford: [i.e. london] : . although attributed to charles i, the first letter is in fact by lord george digby, who has signed it in "two remarkable letters concerning the kings correspondence with the irish rebels" (wing b ; madan ); the second, addressed to nicholas, is signed: c.r. the imprint is false; "issued in london, .. a counterfeit"--madan. annotation on thomason copy: "sept: d". reproduction of the original in the british library. eng charles -- i, -- king of england, - -- early works to . ireland -- history -- - -- early works to . great britain -- politics and government -- - . great britain -- religion -- th century. a r (wing c ). civilwar no two letters of his sacred maiesty, one, in vindication of him, touching the irish affaires; the other, concerning the late mis-interpretatio bristol, george digby, earl of b the rate of defects per , words puts this text in the b category of texts with fewer than defects per , words. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - tcp staff (michigan) sampled and proofread - tcp staff (michigan) text and markup reviewed and edited - pfs batch review (qc) and xml conversion two letters of his sacred maiesty , one , in vindication of him , touching the irish affaires ; the other , concerning a late mis-interpretation of one maine passage in his late letters . oxford : printed by leonard lichfield , printer to the universitie . . two letters of his sacred maiestie , &c. my lords and gentlemen . his majestie having long expected a conclusion of a happie peace within that kingdome , and his affaires having highly suffered by the faylure of his expectations from thence , cannot chuse but wonder what cause is of it ; calling to mind those faire professions and promises which you made unto him , when you were imployed here as agents , and knowing well what powers and instructions he hath long since given my lord lieutenant to comply with you for your satisfaction , as farre forth as with any reason or honour his majestie could in civill things , or with prudence , or conscience , in matters of religion ; and in this latter , as to the utmost of what for any wordly consideration , hee will ever be induced unto : so did he conceive it nothing lesse , then what you declared unto him , you were perswaded the catholiques would be satisfied withall ; nay , ought not in their owne interests , to seeke more in the present condition his majestie was in , lest any further concessions might by confirming former scandalls cast upon his majestie in matters of religion , so alienate the hearts of his faithfull and loyall adherents , as to make them abandon him , which as yet would draw inevitable ruine upon him ; so were you rightly apprehensive , that when the rebells should by that meanes have prevailed here , it must soone after bring a certaine destruction upon your selves ; what your change of principles , or resolutions are , his majestie knowes not : but he findes , by the not concluding of a peace there , that your partie ( it seemes ) is not satisfied with the utmost that his majestie can grant in matters of religion ; that is , the taking away of the penall lawes against roman catholiques within that kingdome : and his majestie heares that you insist upon the demands of churches , for the publique exercise of your religion , which is the occasion that his majestie hath commanded me to write thus frankly unto you , and to tell you , that he cannot believe it possible , that rationall and prudent men ( had there beene no propositions made to the contrary ) can insist upon that , which must needs be so destructive to his majestie at the present , and to your selves , in the consequences of his ruine ; that is , inevitably to be made a prey to the rebells of these kingdomes , or to a forraine nation . wherefore , ( my lords and gentlemen ) to disabuse you , i am commanded by his majestie to declare unto you , that were the condition of his affaires much more desperate then it is , hee would never redeeme them by any concession of so much wrong , both to his honour , and conscience . it is for the defence of his religion principally , that he hath undergone the extremities of warre here , and hee will never redeeme his crowne by sacrificing of it there : so that to deale clearely with you , you may be happie your selves , and be happie instruments of his majesties restoring , if you will be contented with reason , and give him that speedie assistance which you well may ; and so if nothing will content you , but what must wound his honour , and conscience , you must expect , that how low soever his condition is , and how detestable soever the rebells of this kingdome are to him , hee will in that poynt joyne with them , the scots , or with any of the protestant profession , , rather then doe the least act that may hazard that religion , in which , and for which , hee will live and die . having said thus much by his majesties command , i have no more to adde , but that i shall thinke my selfe very happie , if this take any such effect as may tend to the peace of that kingdome , and make me your affectionate humble servant , . august , . cardiffe , the . of august , . nicholas , having commanded your fellow secretary to give you a full accompt , as well of our proceedings here as resolutions , i will neither trouble you nor my selfe with repetitions ; onely for my selfe , i must desire you to let everie one know , that no distresse● of fortune whatsoever , shall make me by the grace of god , in any thing recede from those grounds i layd downe to you , who were my commissioners at uxbridge , and which ( i thanke them ) the rebells have published in print : and though i could have wished that their paines had beene spared , yet i will neither denie that those things are mine which they have set out in my name ( onely some words here and there mistaken , and some comma's misplaced , but not much materiall ) nor as a good protestant or honest man , blush for any of those papers : indeed as a discreet man i will not justifie my selfe , and yet i would faine know him who would be willing , that the freedome of all his private letters were publikely seene as mine have now beene . however , so that one clause bee rightly understood , i care not much though the rest take their fortune ; it is concerning the mungrell parliament : the truth is , that sussex his factiousnesse at that time put mee somewhat out of patience , which made me freely vent my displeasure against those of his partie to my wife , and the intention of that phrase was , that his faction did what they could to make it come to that , by their raysing and fomenting of base propositions . this is clearely evidenced by my following excuse to her for suffering those people to trouble her , the reason being to eschew those greater inconveniencies which they had , and were more likely to cause here then there . i am now going to supper , and so i rest your most assured friend , c. r. finis . at the court at whitehall, the fifteenth of may, . whereas his majesty did the seventeenth of march past, upon the reading in council his declaration of war against the states general of the united provinces of the low countries ... propose the observance ... for withdrawing the persons and goods of all dutch subjects which were found here ... england. curia regis. approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). b wing e estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. b ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) at the court at whitehall, the fifteenth of may, . whereas his majesty did the seventeenth of march past, upon the reading in council his declaration of war against the states general of the united provinces of the low countries ... propose the observance ... for withdrawing the persons and goods of all dutch subjects which were found here ... england. curia regis. walker, edward, sir, - . sheet ([ ] p.) re-printed by evan tyler, printer to the king's most excellent majesty, edinburgh : anno dom. . title from caption and first lines of text. royal arms at head of text; initial letter. list of those present follows caption. signed: edw. walker. reproduction of the original in the national library of scotland. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng dutch war, - -- early works to . great britain -- politics and government -- - -- sources. broadsides -- scotland -- th century. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion c r honi soit qvi mal y pense royal blazon or coat of arms at the court at whitehall , the fifteenth of may , . present , the kings most excellent majesty . lord archbishop of canterbury lord keeper duke of lauderdale marquess of worcester earl of bridgwater earl of essex earl of anglesey earl of bathe earl of carlisle earl of craven earl of arlington earl of shaftsbury lord newport lord holles lord clifford mr. vice-chamberlain mr. secretary trevor sir john duncombe mr. chancellour of the dutchy sir thomas osborne whereas his majesty did the seventeenth of march past , upon the reading in council his declaration of war against the states general of the vnited provinces of the low countreys , command his grace the duke of lauderdale , and the right honourable the earl of arlington , principal secretary of state , to confer that evening with the ambassador and minister of the said states , to propose the observance of the two and thirtieth article of the treaty of breda , on his majesties part ; for the withdrawing the persons and goods of all dutch su●jects which were either found here , or at that time were voluntarily coming into his majesties ports ; pr 〈…〉 i 〈…〉 ed might have the same benefit of the said article ; vvhich overture hath been often renewed by me 〈…〉 of arlington to the said ambassador . and it appearing now at length , by paper from him of the instant ( this day read at the board ) that the states have consented to the said proposition , and will set at liberty all his majesties subjects , with their ships and goods , and that they nay return without any prohibition , when they shall see fit . his majesty hath thought fit to command and order the right honourable his principal commisioners of prizes , forthwith to cause all the ships , goods , and merchandizes that were seised in any of his majesties ports , before the declaration of the vvar , or which were voluntarily coming in to the ●●me , to be forthwith set at liberty and discharged ( they having remained still untouched , in expectaion of what the said states would do in this point . ) in like manner all persons belonging to the said ships , who are under detention by reason of the vvar , are to be forthwith set at liberty , with power to return with their ships and merchandize , when they shall see fit , according to the tenor of the said article ; and notice hereof to be given to the dutch ambassador , that it may be as ingeniously performed on his masters part as it is now promised . and his majesties commissioners for the care of prisoners , are requi●ed to take notice hereof , and to give obedience accordingly . and whereas by another paper of the / . instant ( this day also read at the board ) from the sieur boreel , by order of the said states general of the vnited provinces , proposing to enter into some terms of agreement touching the exchange of prisoners of vvar on either side , his majesty hath thought fit to refer the consideration of this matter to the principal commissioners of prizes , that they may consider thereof , and propose to his majesty such expedients as they shall think fit . likewise all dutch merchants or others , who neither in their persons or goods are under this detention , may freely depart the kingdom , if they think fit , without any incumbrance or molestation . edw. walker . it was ordened by his majesty in council , that this be forthwith printed and published . edw. walker . edinburgh , re-printed by evan tyler , printer to the king 's most excellent majesty , anno dom. . die martis, julii, . resolves of parliament, concerning such delinquents as have not paid in their fines according to compositions. england and wales. parliament. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) die martis, julii, . resolves of parliament, concerning such delinquents as have not paid in their fines according to compositions. england and wales. parliament. sheet ([ ] p.) printed by edward husband and iohn field, printers to the parliament of england, london : . order to print signed: hen: scobell, cleric. parliamenti. reproductions of the originals in the british library and the harvard university library. eng taxation -- great britain -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no die martis, julii, . resolves of parliament, concerning such delinquents as have not paid in their fines according to compositions. england and wales. parliament. a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - elspeth healey sampled and proofread - elspeth healey text and markup reviewed and edited - pfs batch review (qc) and xml conversion die martis , julii , . resolves of parliament , concerning such delinquents as have not paid in their fines according to compositions . resolved by the parliament , that all such delinquents whose compositions having been set , have not paid in all or any part thereof at the times limited and appointed , and for non-payment have incurred the penalties formerly imposed , and shall pay in their whole fines , or such part thereof as yet remains unpaid , with interest for the same since the time the same should have been paid ; viz. all such whose habitations are within eighty miles of london , before the fourteenth day of august , and all others at a greater distance , before the first day of september next , shall be discharged from the said penalties ; but in default of payment thereof , the whole estate of every such delinquent shall be , and is hereby declared to be confiscated to the use of the commonwealth : and the commissioners for compounding with delinquents , are enjoyned to take care that this order be put in effectual execution ; and that they return the names to the committee of the army , of all such as shall not have paid in their whole fine by the days aforesaid , in order to the speedy sale of their estates , for the use of the commonwealth . ordered by the parliament , that this vote be forthwith printed and published : hen : scobell , cleric . parliamenti . london , printed by edward husband and iohn field , printers to the parliament of england , . the practise of princes. published by a. ar ar., a. approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a stc estc s this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the practise of princes. published by a. ar ar., a. , [ ] p. printed [by the successors of giles thorp], [amsterdam] : in the yeare . a puritan attack against charles i and his spanish policies. place of publication and printer statement from stc. cf. folger catalogue, which gives signatures: a-c⁴. reproduction of the original in the henry e. huntington library and art gallery. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng great britain -- politics and government -- - -- early works to . great britain -- foreign relations -- spain -- early works to . great britain -- foreign relations -- - -- early works to . spain -- foreign relations -- great britain -- early works to . spain -- foreign relations -- - -- early works to . - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - jason colman sampled and proofread - jason colman text and markup reviewed and edited - pfs batch review (qc) and xml conversion the practise of princes . published by a. ar. prov. . . the king by judgment stablisheth the land : but he that receiveth gifts overthroweth it . printed in the yeare . when the children of israell had sinned against the lord , he delivered them over in the hands of spoylers , and sould them into the hands of their enimies round about , so that they could not stand before them , levit. . deut. . iudg. . our estate is so , we have transgressed his laws with an high hand , and yet we have not hearts to lament it as we should , nor eies to see the hand of god goe out against us in all we sett our hands unto , both in peace and warre ; but we attribute all to secondary causes , & looke not to the lord against whom we have sinned : some of us can see that our best nobility and valiantest captains and souldyers , are cutt off by indirect means , and our wealth and honour consumed , to our great reproach and ignominie . yet we do not observe it as we should , and what a fearfull estate our land now stands in , this short treatise doth shew amongst them that beare sway , or at least might be heard by the rulers , all seek their own , and no man that is christs . some of them pretend to be conversant for him in superficie boni , but it is indeed in alto mal● . where is there amongst us anie that will stand for the cause of christ ? so that i may say : there is but a step between us and death . hester will interpose hirself for her countrye , and if she perish she perish ; the fire of gods wrath is ready to break in upon us , therefore if the fewel of sin be not taken away the wrath of gods will never ceasse till we be all consumed . what true heart will not bring help to quench this fire ? alas it will be vain to bring water when the house is burnt to ashes . who will not at least crye when he seeth his mother murdering , i will conclude with the apostles words : lord save us else we all perish . a. ar. the practise of princes . wisdom in the proverbs which all divines acknowledge to be the sonne of god , the eternal word , by which the father made the world , saith there , by me kinges raigne , and princes decree justice : by me princes rule , and the nobles and all the iudges of the earth . where , though it be true that god infused into divers heathen princes and iudges zealous of virtue and justice , some beams of this wisdom , who may therefore be saide , in som sort , to rule by it ; yet wee are not to understand that every king and governour , that ruleth & iudgeth by unlawful policie or wicked counsell , doth it by this wisdom . jeroboam , vainly fearing that the peoples going up to ierusalem would make them revolt , tooke counsaile for the setting up of calves in bethel and dan , wherin he and his counsel did not rule by this wisdom but by a divelish policie , which indeede was rather folly then true wisdom , for it made god his enemie ▪ and was the sodaine overthrow of his howse ; as the like earthly policies were of the families of saul , ahab , absolon , achitophel , haman and others . the meaning therefore of that place is , that all kings , princes , iudges and governours , that judge and rule well and happily , they judge by or according to that wisdom which is gods word : therby keeping theire people ( what in them is ) in the true worship and feare of god ; as did david , iehoshaphat , hezekiah and josiah , wherin they are truly gods vicegerents , seeking his kingdom , and the righteousnes thereof , and whereby theire owne kingdoms are kept in peace , and the neighbouring kingdoms come to feare them , as they did iehoshaphat , therefore wisdō saith , by me kings raigne : not by any polices or subtiltie but by me , who am gods wisdom . which is there found most true , where princes square theire counsels by gods word , and labour that theire people may be governed in all matters of faith and salvation by his revealed will ; and where , as they ought , theire owne lawes and governement tend to the same ende : for therefore the throne of a king is called , the throne of the lord and the kingdoms of this world the kingdoms of our lord and of his christ . but besides those general rules in the law and the gospel , which shew princes what should be the end and scope of al their lawes and government ; and by which ( where kings doe so esteeme of them ) their people are bridled and kept in awe , as by that word , which stilled the raging of the sea , and the madnes of the people ; and which is the rod of his strength ; this wisdom in holy writ , and especially in that booke of the proverbs , hath left unto all princes divers speciall rules whereby they ought to square all their actions and government , which may be called the princes principles , or the practise of princes : which should be regarded as christs charge to christian kings , and euer observed , because they are gods immutable wisdom , which he hath left to be a sure guide to all princes to the ende of the world ; and wherof in a more special manner that may seeme to be saide , by me kings raigne , &c. now therefore hearken o children unto me . if al the children of wisdom ought so to doe , princes more especially , their calling beeing of the greatest waight , deeply concerning so many thousands of people , and standing most in neede of that wisdoms help , which is the sonne , and the prince of the kings of the earth . al princes are as much bound to observe his lawes and directions , as theire meanest subiects are to regard theirs , for he is the king of kings , and all his rules and directions are perpetuall lawes ; so immutable and irrevocable that all designes and determinations that are contrary unto them , how faire a shew soever they make of wisdom and a probable good , they are but meere wickednes , and can not establish the prince that puts them in practise , but rather tend to his undoing : for that is one infallible principle left us by wisdom , a man can not be established by wickednes , and therefore the lord saith , woe to the rebellious children , that take counsell , but not of me , and cover with a covering but not of my spirit : which walke to strengthen themselves in the strength of pharaoh , and trust in the shadow of egypt as asa also sought a league with syria , and relyed on it , and not on the lord , , and was therefore punished , wherefore wisdom saith , it is an abhomination to kings to commit wickednes : for the throne is established by justice : by carrying themselves justly towards god and their people , therefore state policies that stand not with pietie must needes overthrow it . such are all temporisings . in matters of religion , with princes and people of a contrary faith , and seeking , or favouring middle waies of reconcilement , such as halt betweene god and baal , betweene christ & antichrist , like the arminians of our time : which euer grow from bad to worse , & make but the adversaries abroade and at home more insolent , and god to give us over to be deceived by their practises . as wee may see in the fruite of that treatie with spaine ; wherin king iames , who had euer favoured the papists , and slacked the execution of lawes against them , at last to attaine his ends first with spaine , and then with france , permitted aide to goe to the archduches , and after to the french king against the rochellers : more manifestly connived at poperie , favored the ould countesse , divers lords , & others , the freinds therof ; frowned on the religious opposers of their practises , in court & parliament ; suffered not the lawes , to be executed on priests & iesuits but suffered them in a manner openly to dispute , preach and write , and in som sort forbad preaching & writing against them : all which could not but make israel to sinne , many to leave their love and zeale of the truth , others to fall to poperie , arminianisme , temporising or neutralitie ; which things , it seemes were also donne and suffered , to binde them a by those favors from practising against his life , as they had done against the life of queene elizabeth . howsoeuer neither by those fauours , nor yet by urging and pressing fruitles traditions and ceremonies , and silencing such as groaned under them , were theire number lessened , and drawne nearer to our religion ; but rather multiplied and made to affirme , that the most learned , and wise on our side , did hereby shew theire good opiniō of popish religion . in so much that fisher the iesuit grew so insolent in print , as to incite the king , by the example of the french king henric . to let in the iesuits , saying , that besides thanks & presents from peru , china , &c. he purchased . pounds for his fame . but he knew the kings timerous nature ; and therfore as b. white observed , he had his ende in mentioning that instance knowne to the world direfull and tragicall , & a hope by that trope to intrude by terrour for how they requited that kings loue the dolefull catastrophe shevved , therefore he addeth , male ominatis parcite verbis . knowing that mē would be ready to infer that king iames was like to finde no better requital of papists for his politik favouring of them : which is alwaies just with him to permit , who saith , he that vvil saue his life viz. by ungodly temporisings shal loose it . the king knew that though he should call the best protestants , puritans , wrong them and theire religion ; yea see it suffer never so much injurie and losse from others ; yet there was no danger of them ; ( much lesse that a king should neede to burne paraeus his workes ; though he meant to deserve evill ) for religion bindes theire hands . but must they therfore have the more injuries heaped on them to please the papists ? or because papists are bloodie , if crossed in religion , must kings therefore temporise with them , and not rather trust in gods protection , as queene elizabeth did ? that which men doe , in an unjust policie , to prevent an evil , is in gods justice suffered to be the cause that brings it on them , as gen. . . ioh. . . and accordingly , it seemed so probable , that king james died by the practise of such papists and popelings , as every day lulled him asleepe with tales , flatteries , wine , jests , songs , and catches , while the palatinate was loosing ; that the parliament desired to have it sifted out , but this proceeding for him was dashed in such sort , as he , to his owne hurt , had oft crushed the indeauours of many parliaments by prerogative , wherein he haveing by checks and scornes prevailed against the councels and priviledges of parliaments , and refused to let them rid him of such flatterers and secret enemies , as neither truly feared the lord nor the king , but midled with jesuited spirits , given to change , religion and government , as beeing of the spanish faction , that was true in him which the preacher saith , j saw a time that man ruleth over man to his ovvne hurt . in so much that some saide better is a poore and vvise child , then an old and foolish king , that vvill be no more admonished . but certainly he had greate abilities of understanding and judgment , if feare of the papists power and practises , and an unlimited desire of peace with them , had not made him use many temporising policies , pleasing to them , and greivous to his best subjects . howsoeuer his policies , of that kinde , found no better fruite then the increase of papists and the emboldening of them here , the shamfull losse of the palatinate , the undoing of his posterity there , the danger of loosing his only sone in spaine , the more violent persecution of the protestants 〈◊〉 germanie and france , to the losse of many freinds abroade , of 〈◊〉 subiects hearts at home , and his owne fame every where . in further proofe whereof , i neede say the lesse , seeing vox populi , votiva angliae and tom tell-troth have said so much : yet som men make a god of him , and urge his sonne to follow his fathers wisdom , as if wee had not yet had mischeife enough by the reviveing romish and spanish factions . but god graunt it may be a warning to him , and all other protestant princes , to abandon all such fruitles and drangerons policies , as favour divers religions , together with the treacherous promoters of them ; & to hearken in such cases to that which the wisdom of god saith . trust in the lord with all thy heart and leane not to thine owne understanding . cease from thine owne wisdom . aske counsell of god at his oracles , for therefore wisdom saith to such a one as hath not so consulted with gods word , as he ought ; heare councell and receive instruction , that thou maiest be wise in the later ende : and for policies and counsels that stand not with gods word ; my sonne heare no more the instruction that causeth to erre from the words of knowledge . wisdom saith , in the multitude of the people is the honour of a kinge , and for the want of people commeth the destruction of the prince ; that is , whether he lack people , or haveing multitudes want theire hearts , which rhehoboam found true , when embracing evill counsaile , and seeking to be a more absolute lord over them , then his father , he thereby lost the most of them , and so his greatest strength under god , whereby he was exposed to the more danger of all foraigne enemies . which proves it to be one of the most traiterous offices that can be , in councellours to alienate the heart of a kinge from his subiects . here therefore questionles , they can not be excused , who incensed the king against his subjects in parliament . i know som lay greate fault in the knights and burgesses for delaying the graunt of the subsidie of tunnage and poundage , considering the kings wants . the truth is , they had beene worthy of greate blame , if the necessity , that compelled them to it , had not pleaded for them : which was to get som things , before that grant , reformed , which did eate at the roote of religion & state , & which they thought they should never be once suffered to speake of , much lesse to question & sift out , if the customes were once granted , for they knew that many great crimes of lust , murder , oppression , & the like , could not get hearing , much lesse justice , when they had been laid to the duke and his confederates in former sessions and sittings of parliament , as well since the death of king iames , as before ; & that also in matters of treacherie in religion and state , as about the losse of the palatinat , treasure , shipping , munition and honour , in the expedition to cales , rees , rochel , and in other designes : wherin they of that faction , under publik pretences seemed to be private agents for rome , france & the howse of austria , and divers of them manifest introducers of arminianisme , which they used as a shooing-horn to draw on popery & division , though they know that a kingdom divided in it selfe can not stand . in this last sitting , divers things of these kindes , were manifested against som bishops and others , when now the house beeing ready to declare them to the king they that were sick of the parliament , to shoulder out theese proceedings and finde them other worke , animated the officers of the custom howse , & som others , to use all extremity ( & among others against a burgesse then sitting in parliament ) who beeing therefore questioned in the howse of cōmons , they that got them the kings protection on purpose to engage him in that cause as their manner is in others ) had then pretence to crie out , that the kings prerogatiue was infringed , & he obliged to adjourne the parliamēt : which well perceiving that by such divises & shifts they should be prevented ( as they had often beene ) of questioning delinquēts , & that the assemblie was like to be therefore dissolved , began to protest more openly and plainly against such whisperers : who in the meane while , as men guiltie , and unable to stand the triall , laboured uncessantly , by all the pretences that could be invented , to prove the commons contemners of regal authority , & the king obliged on point of honour to dissolve that assemblie . yet afterwards theire greatest enemies that counted them litle better then traitours , could not prove theire demur insuffifient , nor that they had dōne any thing against the lawes , whence it came to be held honourable in them all to choose rather to abide in prison , then to gaine offered libertie by beeing bound to the good behauiour : which may be an argument to the king , that those men , incensed him against them , to save their owne treacherie from cōming to triall ; & that this was the ende of getting theire freinds chosen knights and burgesses , as also of all theire intelligences in the howse , guarding the kings eares , and preventing all parliament complaints & procedings , by a prevaricating exposition of them , & even of the verie talke of another parliament . many of them had got theire honours and offices of the duke by such services to him & therefore now , to save theire owne stakes , and maintaine that pride , they have made all this division , and left the king to get money and hearts where and how he can ; while in the meane time , they account these councels and services trustie , honourable , and meritorious ; and thus as wisdom saith , many wil boast every one of his owne goodnes : but vvho can finde a faithfull man ? only by pride doth man make contention . and hence it was that they ever geered and scorned the best indeavours of the parliamēt : & therefore though they be many , and of greate wit , no marvaile , if yet theire wisdom have failed them in many greate designes , for as wisdom saith , a scorner seeketh wisdom and findeth it not . a wicked man diggeth up evill , and in his lips is like a burning fire : setting whole kingdoms in division and combustion . a frovvard person sovveth strife , and a tale-teller makes division amonge princes : he divideth the head from the members , and the peeves and princes one from another . he shutted his eyes to devise vvickednes , he will not be brought to see what is evill , nor suffer others to see it , but to prevent good men with cunning speaches , he moveth his lips and bringeth evill to passe . if any thinge be neuer so litle amisse in his adversaries , he aggravates , and repeates it , to keepe them from discovering his owne greater faults : so he makes a man an offendour for a vvord , and turnes aside the just for a thinge of naught , and therefore wisdom saith , he that justifieth the vvicked , & he that condemneth the just , even they both are an abhomination to the lord. now since it is apparant , that such are the achans that trouble our israel , through the secret love they beare to the vvedge of gold & babylonish garments , to honours , proffits and romish superstition , and that many such are got aboute the king ; partly by reason of king iames his treatie for a match with spanie , which made him broock none , but such as praised and furthered it , his favouring of papists , both which drew them , and other church-papists , lukewarne newters and temporisers aboute him , partly through the craft of gondomar , the duke his mother and other agents of rome , spaine and france who intruded , into places of counsaile and trust , instruments best fitting themselves and theire owne endes , partly through the match with france , for seeing the french king is such a manifest freind & champion of antichrist , a protestants peace and alliance with him can not be so safe as it was with his father , nor much better then with spaine ; partly by suffering the duke , the papists , arminians and theire supporters , bishops and others ; with other delinquents to passe unquestioned , or at least unpunished ; & principally by reason that by lies & devises , they have daubed up matters , as they did the losses at the i le of ree , guarded the kings eares and suffered them to give effectuall hearing to none but themselves ; hence it came to passe with him , as wisdom saith , of a prince that hearkens to lies , all his servants are vvicked . every one growes , and hopes to shuffle off his wickednes , as others have donne : and even those , who , if they lived where religion and justice were truly maintained , would be honest men ; they yet , to keepe theire places , proffits and honours , and to get greater , are not only faine to connive at the practises of such as the duke was , who could helpe them to honour & offices , but evē to excuse and justifie many of them ; as wisdom saith . every man is a freind to him that giveth gifts , they blinde the eyes of the vvise : so that vvhen the vvicked come up the man is tried , what he is , as many lords spirituall and temporall have beene who are found too light , while ( though it be true ) that he that receiveth gifts overthrovveth the land , yet for honour or proffit they temporise or connive when delinquents prevaile and a romish or spanish faction is revived , though god , religion , prince , people , state & all loose by it , which hath filled the land with many secret murmures and groanes ; in so much that some , who are reckoned wise men , have not sticked to infer , that there is no likelihood that god shoult ever give a blessing to such mens counsailes , as have either assisted the duke and his faction in theire projects of betraing the palatinate , the french protestants and the religious indeauours of parliament men and other good subjects ; or connived at these vile practises , and so justified him and his confederates : for ( say they ) such counsellours as could not see these practises , which every mechanical fellow and very ploughmen perceived ( beeing so many , so frequent and so apparant ) they are blind guides unfit to be about kings : and such ( say they ) as percived them , and did not lay themselves and theire fortunes downe at the kings feete , to shew him the trechery and danger , but connived to get or keepe preferment , they were cowardly and mercinarily base , and unfaithfull to god , religion , theire king countrie and the verie state , wherin they were chosen watchmen . where in policie poperie is connived at , neutralitie and arminianisme favoured , delinquents borne out , and parliaments for theire sakes dissolved , the king must needes have such servants , and them ever false cum privilegio : for if he hearken to them that say that these are good policies , to hearkens to lies : & god saith of a prince that hearkens to lies , all his servants are vvicked . men , that take his word , say , that therefore as theire roote must needes prove rotten , so things can never goe wel with the christian world , much lesse with the religion and state of england , till the councell which hath beene so dukified , be in a manner wholy changed , they therefore count them fooles , who thinke if god should take the king away issules , & that the injured king and queene of bohemia should come to the crowne , things must needes mend ; saying that could not be , unles the councell were also changed , and made examples to keepe others from the like treacherie and temporising , for ( say they ) if a king be constant to religion , they also can make greate shew of defending religion ( as the duke and others d●d ) thereby to get trust , that they may under hand betray it . and people ( say they ) had the like hopes when king iames died , seeing our king , that now is , make greate preparations , and for ought wee know with sincerity : but , by the practise of the duke and his faction , retaining all his fathers counsell which for the most part were hispanolished , frenchified , roman●sed or newtralised , and suffering som worse , both spirituall and temporal , to be added unto them , al those forces weere soone brought to nothing , things are growne a greate deale worse , and , to the greater greife of all goodnes and good men , without gods speciall mercie remediles ; seeing that a king who only heares and sees things in such mens reports can not know the truth , and that no man dares speak for a free parliament , that may sift it out , much lesse for an effectuall reformation , for as wisdom saith of such potent counsellours , when the vvicked rise up , men hide themselves : but when they perish the righteous increase . a man that hardeneth his neck when he is rebuked shall sodainly be destroied , and can not be cured ( as god manifested in the duke ) when the righteous are in authority , the people rejoice , but when the wicked beareth rule , the people sigh . rehoboam was not strengthened by such counsellors , but weakened . a king and his people are a body politik , and the parliament his representative body : now as in a body , if the faculty of the braine in one side be stopped , that it can not descend through the sinewes to the senses of moveing in the limbes and members , then those parts have the dead palsie , and the man becomes as it were halfe dead , and as unable to doe any service effectually , as our men were at the palatinate , cales , ree , rochel and in the parliament howse : so is it with the body politick of greate britain , through the practise of som iesuited spirits , who , beeing disguised in the sheepes clothing of a protestant outside , & gotten into the place of favourits & counsellors , have cuningly infected many ; both bishops and others ; in whom and by whom , the braine for the most part , is ill affected and the reciprocall passages betweene the head and the members are stopped ; so that the right facultie can not descend , through the sinewes , the peeres , iudges and bishops , to the senses of moveing in the kings body the parliament ; and so his ma tie . giveing no life and strength to that body and the best members thereof , nor they meanes to him , the whole body is halfe dead , & so unable to offend adversaries , that it can not defend it selfe , but must needes perish , if those ill humours in the braine of counsell be not by his maiestie purged and removed , whereas if he did agree with the parliament , and had a counsell favouring the moveing indeauours of the same , he must needes grow dreadfull to them , who now hope to see his kingdom ( by these continued divisions ) easely conquered ; witnes the popes bull to the present french king , given at rome , septemb. . . now then seeing that it is cleare , that in these things , the kings ma tie . himselfe ( who is ruled and abused by them ) is not the least sufferer ; but hath cause to say of them , as old iacob did of simeon and levi bretheren in evill ; jnto their secret let not my soule come ; and that thus divided from his people , which under god are his strength , he must nedes be in more danger of foraigne enemies , & forced to treate with them on harder conditions , which is one of the secret ends , that som of these whisperers had to helpe the catholike cause ( at least under a pretext of zeale to the kings prerogative , which zeale they used both as an instrument to worke division , and a cloake to cover theire treacherie to our religion , and theire secret favour to rome and her champions ) what true subject but wil pray and indeauour that the king may see & expell these dangerous counsellors ? which is the ende of these few collections , and reflecting the light of that wisdom , on theire practises , which saith , blessed is he that shall not be offended in me but wisdom is justified of her children , practises so desperatly persisted in , that there seenes to be eniuitie , jelousie and emulation betweene france and spaine , whether shall ( by theire meanes ) hold the continued honour of cousening , & in the end of conquering us , wherein yet i should abhor to be so plaine , & indeede to medle at all , if the many greate and manifest wrōgs done to god , religion , my king & countrie , with the extreme danger the three later stand in , did not seeme to crie out of silence & banking , & to call to me for plaine dealing what ever it cost me , as isa . . . ezech. . . for . what a miserable thing it is , to see wicked counsellors get such a hand over theire king , that he is wholy ruled by them , and dares not doe or say any thing , but what they like ? nor favour a good man and his cause further then they admit ? as it was with zedekiah , who durst not be knowne of the talke he had with ieremie , but was forced to faigne a busines , and an answer to stop the mouths of his princes and councellors , so verie a child they made of him ; though it be saide , woe to thee o land whose king is a child : when with a couragious & constant frowne , he might have dispersed them all , and have saved himselfe and the citie , by beeing perswaded by ieremie . . wisdom saith of a true king the pleasure of a king is in a wise servant ( this wise man is one truly religious , not an achitophel ) but his wrath shall be toward him that is lewd . such as are our seditious whisperes , the seedesmen of division . righteous lips are the delight of kings , and the king loveth him that speaketh right things . and againe : a king that sitted in the throne of judgment , chaseth away all evill with his eyes . he lookes with indignation on wicked men , as considering , that he sits in the throne of the lord , to doe that which is right , and best for gods service and kingdom . a wise king scattereth the wicked , and causeth the wheele to turne over them . and why should wee not pray and hope that god may give our king this grace , seeing wisdom saith , the kings heart is in the hand of the lord , as the rivers of water : he turneth whithersoever it pleaseth him ? for he saith to kings , cast out the scorner , and strife shall goe out : so contention & reproch shall ceasse , and on the other side , he that loveth purenes of heart , for the grace of his lips , the king shall be his freind . wisdom also sheweth that it is for a kings honour and safety to have wicked men sifted out , and cut off or expelled , saying , the glory of god is to conceale a thinge : but the kings honour is to search out a thinge : to let such come to triall . take the drosse from the silver , and there shall proceede a vessel for the finer . take away the wicked frō the king , and his throne shall be established in righteousnes ; as if he saide , otherwise it must needes totter . o but these cunning achitophels have many goodly pretences , shewing , that it is wisdom in kings to keepe downe and suppresse these puritans , as they were ever pleased to call the gentlemen of the lower howse , and all that crie out for reformation , or trouble themselvs with such matters as the treatie and match with spaine , the increase of poperie and arminianisme , the losse of the palatinate , and of shipping and honour in the seas ; transportation of mumunition and corne , the rochellers , or the like , and thereby ( say they ) taxe the wisdom and government of theire king and his councell , whē indeede this suggestion , & the like , is but a cloake to cover theire treacherie , love to superstition , and hate of our religiō , yet want they not a disguise of pretended love to the booke of common praier , the hierarchie , and such traditions and ceremonies thereof , as doe not offend poperie ; as if that were sufficient to make them protestants and good states men whose hearts and practises are for rome : for as wisdom saith , hatred may be couered by deceite , but the malice thereof shall be discovered in the congregation ; that is , in an publick and free assemb●ie ; which shewes the good use and necessity of parl●aments , which these mens practise could never endure , and therefore they have stil got them dissolved , by hooke or by crooke , let what would follow , either at home to the joy and furtherance of the papists and arminians , & the extreame weakning of the king and kingdom ; or abroade to the undoing of our freinds and religion in germanie , the palatinate , france and denmarke : whereby our bisshops , and theire abettors , have shewed they had rather all these should fall , then theire owne faction and glorie , though poperie and pelagianisme have every where thriven by it , what care they ? that beeing in many of them the maine ende of these theire practises ; witnes cosens protected for al his cosening devotions published , and palpable superstition erected ; and theire suffering the appealers booke to passe two or three yeares , and the author to be rewarded , that so schollers in the universities , to get promotion , might in like manner corrupt and be corrupted , and so corruption might spread from these fountains to all parts of the land , watered by them and when they doubted that in parliament , it might be questioned and they for suffering and furthering it ; to prevent that , they get the king to call it in sleigthly ( not a search to be made for it , as for other bookes , not left as this to be freely sold in shops by any that would ) and to forbid all disputes , preaching and writing on both sides , knowing they could thereby hinder all that should write against those errors , and let bookes and disputes passe , which defended the same ; as they after did dr. iacksons second part , printed before the parliament , but somwhat kept in till it was dissolved , whence it appeares that though these were points they durst not maintaine in parliament , and therefore errors ; yet theire drift was to save and further them , and to engage the king further and further in the cause , that so the parliament might not medle with them , or if they did , it might be pretended , the howse tooke the matter out of his hand , taxed his government , and undervalued his prerogative , that so he , incēsed thereby , might shew the arminians more favour . and the like ends have they that get kings , in pretended policie , to connive at poperie , and stay the execution of lawes against papists , suffer ordināce , victuals and other provision of war , to be daily transported to the enemies of our religion ; that so if never so litle shew be made of reforming these things before a parliament , and yet parliaments complaine of them , or of theire agents in court , church-papists trecherous favourits & delinquents , straight it might be pretēded the matter is taken out of the kings hand , and his government and prerogative is taxed and infringed , thereby to put off reformation , incense his majestie and get them more favour . and still to saue these practises from comming to triall , and therewithall to put men out of heart in theire trading , make them sell theire ships and therein the wals of the land , they euer finde the parliaments other worke in case of customs priviledges and other matters , and then informe the king that in those things his prerogative is by them grossly infringed , and he obliged to dissolve the assemblie . the reasons , why the howse of austria and the french have of late prevailed , are cheifely two , first because they had care to suffer none to be of theire councell of state , agents abroade , nor generals and commanders in war ; but such as they knew were sure to theire religion , and would strive all they could to maintaine and propagate the same . in all theire treaties and warres , this was ever one main ende , they aimed at , as appeareth by gondomars practises in his treating with england ; and the care and zeale of theire generals of bavaria , tillie , spinola and the rest ; as he saith that writes the seidge of breda ; against them it was thought fit our forces should be bent , not for affectation or desire of soveraignty , but for the reestablishing of religion , and regaining what they usurped . now if they had seene like true zeale and care in the english councell and generals , for the protestant religion , they never durst have attempted so much as they have : but they grew confident that england , then the strongest of all protestant states ( and most likely to worke , romes ruin if truly zealous ) could not to any purpose helpe the palatinate , the french protestants , nor the king of denmarke ; much lesse hurt the proceedings and conquests of romes champions spirituall or temporall , knowing the kings dispositiō , and that she and they had the duke and other secret freinds in england , who one while would hold the kings hands ( easily kept from drawing his sword ) under vaine pretexts of hope to set all right by treatie , while they of the palatinate and the french protestants were loosing and bleeding ; and another while when they could with no colour use that course any longer , would in counterfeyt zeale get forces raised , with greate shew of ayding and defending religion and the freinds thereof , but with secret purpose to bringe them , for romes sake , to nothing ; as besides delaies , the lame commissions procured , the popish leaders and instruments imploied , and munition and victuals to the enemies transported , sufficiently manifested ; that so at last england might be glad of peace with france and spaine on hard conditions . and in the meane while , they could , with gifts , presents , flateries , promises , and som small supplies and services , make shew that they were greate freinds and agents to the king for the king and queene of bohemia , theire issue , the king of denmarke , and the rochellers ; the easier to cousen them all , and get the fault laid on the parliament , that stroue most to remove such deceitfull practisers , as by working these things , seemed to hope a rebellion would follow ; and then romish champions might be called from france or spaine to take a side , and get all , as wisdom saith , a seditious person seeketh only rebellion , therefore a cruell messenger shall be sent against him . kings can not binde them from such practises by shewing them favour : for papists wil forfeit all other bands to strengthen those of theire religion . secondly because in germanie france and spaine , the popish clergie , high and low , have ever had free libertie to speake and write unto princes , and others for the defence and propagation of theire owne religion , and rooting out of theire adversaries , and to reprove all such as failed therein , and get them punished , while in the meane time , the duke and other theire secret freinds in england , so laboured , and by the helpe of the bishops obtained , that protestant preachers writers should not doe the like for theire religion , no not though it were by gods undeniable word ; and that if any did , it should be never the better , yet till there be the like care & zeale both in the counsell of state and in the clergie , things can never go well with our religion and state , nor they be enabled to stand against the zeale and practises of a contrarie religion and kingdom . ministers are christs embessadors and agents : and therefore ought to have free libertie to speake in the word of the lord to kings & statesmen ( so it be in good and reverent sort ) for things pertaining to the furtherance of christs kingdom , and against such practises as hinder the same . they ought rather to have had this privileidge then gondomar , the dukes mother , & such others as on the contrarie laboured for the kingdom of antichrist , and till they have it , princes can not say rightly that christ hath his embassadors or kingdom received in theire courts . which som undertake to prove , can not be till the hierarchie and dominion of the lord bishops ( never by christ ordained but forbidden ) be overthrowē , as dangerous to protestant princes and states ; because the greate places thereof , are only baites to make som divines temporisers , instruments and freinds of such trecherous arminians , church-popelings and delinquents , as can prefer them ; and others to spend theire zeale in maintaining the hierarchie and the fruitles dominiō , traditions and ceremonies thereof . out of all which , he that wil , may see , that the losses , dishonours and troubles that have befallen this land , and indeede our religion and brethren also in the palatinate , germanie , france and other parts , have cheifely sprunge from these two fountains . . a corrupt councell and clergie in england , that were more for the duke and his confederates that helped them to honours , offices and preferments , thē for the religion and state divided , and kept low , by his and theire practises ; which the pope , the howse of austria , and the french king , perceiving , tooke that for a time of persecuting , conquering and depelling all protestants . . a vaine policie of suppressing such preachers , writers and parliament men , as sought to discover the mischeife of trecherie , and obtaine effectuall reformation . in the later ( if not in both ) the power and flatterie of the bishops were principall helpes , theire seeming holy habit , reverence , and authority , countenanced the projects of the duke and his cōfederates , while for preferment , they stuck fast to him and them in court and parliament : and theire power and hierarchie served to terrifie , suppresse and stop the mouthes of such ministers & writers , who otherwise might by theire sermons and bookes have discovered the homebred enemies , and obtained releife for the freinds of our religion , which is the service christ gets by lord bishops and theire hierarchie ; who hereby shewed , that they will sooner let religion , prince , state and all go downe , then theire owne usurped dignities and hopes of further preferment , for these and other courtiers and dukanists , that have stil pretended the kings power and prerogative , have not strengthened , but rather weakened and debased the same . . by those fruitles expeditions that they caused abroade ; which were so forecasted that the sailers and souldiers , neither comming to good service nor theire pay , should refuse to serve the king any more , or to be governed by his officers , but be readier to spoile theire countrey when they returned . . by those dangerous divisions that they have procured and nourished at home . and while they got his majestie to suffer divers ambitious divines for advancement , to broach anew , the doctrines of pelagius , and to erect popish superstition , to the treading under foote as wel of the divine law , as of the parliamēt , have they by al these things gotten the king and his lawes to be more reverenced , or lesse ? surely lesse witnes the generall murmurs of his subjects throughout the whole land , and divers bold outrages of sailors and unpaide souldiers . would it not greive any true subject to see how the kings authority was of late despised in that outrage in fleetestreete , backed by the templers ? wherin som observed a just judgment of god , that as the king suffered divines , who are , or should be , gods lawiers and souldiers , to tread gods authority & law under foote , by slighting som proofs of scripture , and sophisticating others ; so god suffered souldiers , templers and other innes of court men to spurn against his lawes and authority . god , that oft payes by retaliatiō , suffers people to deale so with princes , as they deale with him , and theire servants to bee alike faithfull to them in theire service , as they are to him in his . if people see theire princes cast away the word of the lord in divers things , they wickedly grow as careles of gods word , which enjoines subjection to princes , and which otherwise stilleth the madnes of the people , and keepes them in aw , god causeth the prince that feares him , and sincerely furthers his word preached , to be by his people reverenced , loved , feared and enriched with presents and gifts , as jehoshaphat was : he therefore that doth it not , but rather the contrary , he must needes finde the contrary ; him he suffers to be molested with enemies , and the rebellions of his owne vassals , as were salomon , rehoboam , jeroboam , ioram and others , wherein that is fulfilled , which the lord saith , those that honour me , i will honour , and those that despise me shall be lightly esteemed : looke then on the dishonours and losses of the state abroade , the troubles , divisions and outrages at home , and confesse them to be the fruits of theire councels , who stand for connivance at poperie , favouring of arminians , and protection & honouring of delinquents temporall & spirituall . but though i should reckon up all the fruits of theire counsailes , some men would yet commend them for wise counsellors , as our arminians , and ambitious temporisers and popelings doe , who have all thriven by them , for as wisdom saith , they that forsake the law praise the wicked : but they that keepe the law set themselves against them . wicked men understand not judgment , but they that seeke the lord understand all things . it is fit indeede that kings should have theire counsell : for where no counsell is , the people fall : but where many counsellors are , there is health , that is , if they be honest men , and true as the old men that counsailed rehoboā faithfully ; divers greate matters of state may be better carried by such privy counsellors , then by a parliament , which is more publick & open : but if they be achitophels , and as the yong men that gave wicked counsell , temporisers or false to the religion and state , they seeme to serve ; then the more they are , and the more wit they have , by so much the worse they beeing such as wisdom describeth . when the wickid are increased , transgression is increased , but the righteous shall see theire fall . such as neither , feare the lord nor the king , but meddle with them that are given to change religion and government ; for such while they rule theire king are all princes to his hurt : and so wisdom saith , for the transgression of the land many are the princes thereof . they are the sinnes of the land , which raigne in the light of the gospell , as drunkennes , adulterie , prophanenes , oppression and the like , that provoke god to suffer them to be intruded , & to prevaile against the zeale and care of so many parliaments . not all the base trecherie of delinquents , nor the wisdom of so many hundred men , oft set in parliament , to discover them , suffice to make the king , see theire practises , and the danger of defending them , much lesse the necessity of expelling them , when the sinnes of the nation hold them up . if our sins had not supported them , to plague us , god , that maketh men to be of one minde in a howse , would have made our kings , as our parliaments , to heare see and abhor them ; and not have suffered them to be so deafe and blinde on that side , to the breeding of such longe and dangerous divisions betweene the head and members of the parliament : but for sinne , he taketh away the speech from the faithfull counsellors , and judgment from the ancient . hence it was that god suffered the duke to get so many to be created and made earles , vicounts , barons and bishops , & them to be brought into the parliament to uphold his faction , and carrie out his partie in the upper howse by multitude of voices , after the popes example in the counsell of trent . a strange way and merit to atcheive honour , if i miscall it not , beeing so attained by them that justifie the wicked for a reward , what true honour have such men ? it is ● greate honour indeede to a mā to be made a peere of the realme , and by virtue thereof , to sit as a iudge in parliament , to heare causes , and to stablish and ordaine lawes ; matters so greatly concerning a nation : but that is , if it be for the right furtherance of gods kingdom , true religion and justice , and the manifest good of the common wealth ; herein they are gods , in a laudable sense and worthy reverence : but if by them these things shall goe backward , and the contrary be brought forward ; if a man shall attaine and hold honours for favouring poperie arminianisme , or neutralitie , or for conniving at such practises as those of the duke , or for justifying delinquents , and getting parliaments for theire sakes dissolved , or for overthrowing theire lawes and priviledges , is there true honour in such a one ? it is indeede as if one attained or held honours by murders , treasons , adulteries , thefts , lies and the like ; or by slobering them over , as som write of the smothered murder of marques hambleton and others , and as if a man should get the honour to be a iudge by overthrowing the lawes . and they that get or hould honours and offices by getting parliaments thus dissolved , and providing that there may be no more , or at least not free to touch all ill practises and persons ; it is , as if one should get the honour of a iudge for overthrowing the court of justice , or for providing that no causes might be heard , or at least that divers might not come to true judgment , but either be smothered and throwen out , or carried by corrupted voices . what poore ploughman haveing the knowledge and feare of god , is not much happier then such greate ones with theire thus bought offices and honours ? and yet who sees not , that those who for such services to the duke and his faction , have beene made earles , vicounts and barons are exceding many , and three fould more then the ancient nobilitie ? at least then those of them that have constantly distasted such vile practises , and all communion with them ? the like might be saide of bishops , deanes and heads of colledges . and therefore i am perswaded , that who so lives but a few yeares shall see a greater rot of nobilitie and prince-like clergie , then ever was seene in this land , which i write not as prophesying ( for god forbid that i should be so arrogant , as to make my selfe a prophet or the sonne of a prophet ) but as gathering it from the never failing word and truth of god in such places of that of isaiah , woe unto them that speake good of evill , and evil of good , which justifie the wicked for a reward , and take away the righteousnes of the righteous man from him . therefore as the flame devoureth the stuble , and as the chaffe is consumed of the flame , so theire roote shall be as rottennesse , and theire bud shall rise up like the dust , &c. a good christian should rather refuse & lay downe offices and honours , then take or hold them on such conditions . and yet god knowes verie few have of late yeares attained or hold any greate offices or honours , but on such termes , or at least by reason of some participation with them . witnes those furthest from court , and least infected , the leiftenants , deputie-leiftenants , iudges , iustices , majors , aldermen and other officers , made to further or exact , and wringe from the people , benevolences and loanes , and to straine for them or imprison such as stood out , or make them serve as souldiers , or lodge and maintain such unruly and unpaide souldiers , as were billited , in theire townes and villages , for no other service then to punish them : things set a foote to hinder the calling of parliaments , breede divisions , if not rebellions , make the land weary of warres for defence of religion ; and so to save the trecherie of the duke and his confederates from comming to triall : who in the meane while have ever found the commons new greivances to put the old accusations and proofes out of theire mindes . many greate complaints have beene made against such men : god graunt the king , may give them an effectuall hearing in a free parliament , least otherwise men fearing to be imprisoned & crushed , as others have beene , should not speake what they know ; and so trecherie should still prevaile , and hinder the king of the happines following the due execution of justice : for the throne is established by iustice . a kinge that iudgeth the poore in righteousnes his throne shall be established for euer . notes, typically marginal, from the original text notes for div a -e prov. . . . king. . . chro. . . chro. ● . ●●u . . ●●●l . . psa . . psa . . reu. . . prov. . . esa . . . and chap. . ● . chro. pro . . a the papists . see the replie to fishers praefac . mat. . ● pro. . . . pro. . eccles . . . chap. . . pro. . . pro. . . pro. . . vers . . pro. . . king. by depriving them of their priviledges to reform abuses in church and common-wealth . mar. . . pro. . . and ier. . pro. . pro. . . chap. . . . isa . . . pro. . pro. . pro. . . isa . . . pro. . . pro. . . pro. . pro. . ● gen. . . mat. . . . ier , . ● . eccles . . . pro. . . chap. . . chap. . ● , . . pro. . . chap. . . pro. . . pro. . ●eidge of breda pa. pro. . . . cor. . . mat. . . pet. . mat . , tim. . . chro. . . king. . . chap. . . king. . . sam. . . pro. . . pro . . & chap. . . pro. . . pro. . pro. . . psa . . . ioh. . . psa . . . isa . . . . . psa . . . ●ro . . die veneris, augusti, . a declaration of the commons assembled in parliament, declaring all persons who have served the parliament of england in ireland, and have betrayed their trust, or have or shall adhere to, or ayd and assist charls stuart, son to the late king, to be traytors & rebels. england and wales. parliament. house of commons. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) die veneris, augusti, . a declaration of the commons assembled in parliament, declaring all persons who have served the parliament of england in ireland, and have betrayed their trust, or have or shall adhere to, or ayd and assist charls stuart, son to the late king, to be traytors & rebels. england and wales. parliament. house of commons. sheet ([ ] p.) printed for edward husband, printer to the parliament of england, london : . order to print signed: hen: scobell, cleric. parliamenti. reproduction of the original in the british library. eng great britain -- history -- commonwealth and protectorate, - -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no die veneris, augusti, . a declaration of the commons assembled in parliament, declaring all persons who have served the parliament of england and wales. parliament. a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - john pas sampled and proofread - john pas text and markup reviewed and edited - pfs batch review (qc) and xml conversion die veneris , augusti , . a declaration of the commons assembled in parliament , declaring all persons who have served the parliament of england in ireland , and have betrayed their trust , or have or shall adhere to , or ayd and assist charls stuart , son to the late king , to be traytors & rebels . resolved upon the question by the commons assembled in parliament , that this house doth declare , that all persons whether english or scots , who have been under the pay of the parliament of england in the service of ireland , and have revolted , and betrayed their trust there ; and all other persons who have or shall adhere to , or assist charls stuart , son of the late king , or any the forces in ireland against the parliament of england , are and be adjudged to be traytors and rebels to the commonwealth of england , and all their estates shall be confiscated , and their persons proceeded against as traytors and rebels ; and that all such officers as have so betrayed their trust , be proceeded against by a court marshal there . ordered by the commons assembled in parliament , that this declaration be forthwith printed and published ; and that it be referred to the councel of state to communicate the same to the lord lieutenant of ireland , and such other there as they shall think fit , that the same be put in execution . hen : scobell , cleric . parliamenti . london , printed for edward husband , printer to the parliament of england , . mr. speakers speech in the lords house of parliament, june , lenthall, william, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing l ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing l estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) mr. speakers speech in the lords house of parliament, june , lenthall, william, - . p. s.n., [london : ] caption title. attributed to william lenthall. cf. bm. place and date of publication from bm. reproduction of original in british library. eng england and wales. -- parliament. great britain -- politics and government -- - . great britain -- history -- charles i, - . a r (wing l ). civilwar no mr. speakers speech in the lords house of parliament, june , lenthall, william a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion mr. speakers speech in the lords house of parliament , iune . . that policy , most gratious and dread soveraigne , which weighs the prerogative of the king and property of the subject in the same scales , and increases the plenty of the crowne , and contentment of the people ; the even poising or this beame enables both , the one being ordained for the preservation of the other . this principle is so riveted into the hearts of your subjects by the acts of their ancestours , & traditions of their fore-fathers , that it hath created a beliefe in them , that their wills are bound to a due allegiance , and their fortunes and estates , as well as their duty and subjection , must bend to the commands of that soveraigne power with which god hath invested your sacred majestie . compulsary obedience , advanced by the transcendent power of prerogative ; is too weake to support the right of government : it is the affections & estates of your people , tyed with the threads of obedience , by the rules of law , that fastens safety and prosperity to the crowne . the experiment of elder times , in the raignes of the most valiant puissant princes , hath concluded this the soveraigne preservative against the diseases of distraction and confusion , and makes it manifest to the world , that the honour and glory of this throne is to command the hearts of free-men . this admitted , the permission of the least diminution , or any eclipsed interposition betweene the honour and plenty of the crowne , contracts a scorne upon the nation . severall parliaments in former times have stampt the character of a free gift upon the fore-front of this aid , still offered by the people , as a sacrifice of thanksgiving to the crowne , for the safe conduct of your merchants , and provision of the navie , to strengthen your undoubted dominion over the seas , which hath protected your allyes , and is a terrour to your enemies . our hopes were long since to have settled this for the measure and the time , and with this to have presented to your sacred majestie the triumphant palme of tranquillity in all your kingdomes : but , as a ship floating upon a rough sea , we have been cast upon the rock of feare and dangers , and tossed on the billows of distraction and distrust of church and common-wealth , where we yet remaine hopelesse ever to passe through that narrow channell which leads to the haven of peace , unlesse we be speedily steered on by the hand of your sacred wisdome , care and providence . in the midst of all these troubles , and the severall opinions which have beene amongst us , no division had power to distract any one of us from the care and duty we owe to your sacred person . and , to that end am i now sent by the commons of england , to present this as a marke onely , whereby your sacred majestie may view the inward duties of our hearts , untill time and opportunity will give leave for a further expression of our duties and affections . the acceptation of this gift will glad the hearts of your people , and the approbation by the royall assent of this bill ( being the largest for the measure which was ever given ) will joyne wings to our desires and hopes , which shall never returne without that olive-leafe , which may declare that the waters are abated , and your sacred majestie may have full assurance of the faith and loyaltie of your subjects . finis . a recantation of iudge jenkins, a reverend and learned father of the lawes, delivered at westminster, the . of april . to mr. corbet the chaire-man of the committee of examination, with his name subscribed thereunto. wherein he humbly submitteth himselfe to the power assumed by the two houses of parliament, in opposition to the kings authority; together with a vindication of the negative oath imposed by the power and authority of the two houses. published for the satisfaction of tender consciences, who pretend the unlawfulnesse of taking the said negative oath. jenkins, david, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing j thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) a recantation of iudge jenkins, a reverend and learned father of the lawes, delivered at westminster, the . of april . to mr. corbet the chaire-man of the committee of examination, with his name subscribed thereunto. wherein he humbly submitteth himselfe to the power assumed by the two houses of parliament, in opposition to the kings authority; together with a vindication of the negative oath imposed by the power and authority of the two houses. published for the satisfaction of tender consciences, who pretend the unlawfulnesse of taking the said negative oath. jenkins, david, - . sheet ([ ] p.) s.n., [london : ] imprint from wing. not in fact a recantation; rather a denial of the power of parliament and a reassertion of his loyalty to the king. in this edition line of caption title ends: hou-. reproduction of the original in the british library. eng jenkins, david, - -- early works to . great britain -- history -- civil war, - -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no a recantation of iudge jenkins, a reverend and learned father of the lawes, delivered at westminster, the . of april . to mr. corbet t jenkins, david c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - elspeth healey sampled and proofread - elspeth healey text and markup reviewed and edited - pfs batch review (qc) and xml conversion a recantation of iudge jenkins , a reverend and learned father of the lawes , delivered at westminster the . of april . to mr. corbet the chaire-man of the committee of examinaton , with his name subscribed thereunto . wherein he humbly submitteth himselfe to the power assumed by the two houses of parliament , in opposition to the kings authority ; together with a vindication of the negative oath imposed by the power and authority of the two houses . published for the satisfaction of tender consciences , who pretend the vnlawfulnesse of taking the said negative oath . gentlemen , j stand committed by the house of commons for high treason , for not acknowledging , nor obeying the power of the two houses by adhearing to the king in this warre : i deny this to be treason : for the supream and only power by the lawes of the land is the king , if i should submit to an examination derived from your power , which by the negative oath stands in opposition to the kings power , i should confesse the supream power to be in you , and so condemne my selfe for a traytor , which i neither ought nor will doe . i am sworn to obey the king , and the lawes of the land , by which lawes you have no power to examine me , without the kings writ , pattent , or commission , if you can produce any of these , i will answer the questions you shall propound , otherwise i cannot answer , without the breach of my oath , and the violation of the lawes , which i will not doe to save my life . all the members of this parliament have , or ought to have sworn that the king is our only and supream governour ; your protestations , your vowes & covenant , your declarations all of them published to the kingdom , that your scope was the maintenance of the lawes : those lawes must be derived to us , and inlivened by the only supream governour , the fountain of justice , and life of the law , the king . parliaments are called by his writs , the judges sit by his pattent , so of all other officers : all cities and corporate townes , are governed by the kings charters , therefore i cannot be examined by you , unlesse your power were derived from his majesty , neither will i : nor ought you to examine me upon any question : but if as private gentlemen you shall be pleased to aske me any question , i shall really and truly answer every such question as you shall demand . april the . anno. . vos habetis multos milites : ego habetos multos annos ; id est . you have multitudes of soldiers , and i ●ave many yeares . david ienkins : prisoner in the tower of london . die mercurii . junii . ordered by the lords and commons assembled in parliament, that the severall orders made by the committee of lords and commons for the safety of the kingdome, for the lifting and drawing together of any of the forces of the severall counites, be and are adnulled and made void. ... england and wales. parliament. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e b thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) die mercurii . junii . ordered by the lords and commons assembled in parliament, that the severall orders made by the committee of lords and commons for the safety of the kingdome, for the lifting and drawing together of any of the forces of the severall counites, be and are adnulled and made void. ... england and wales. parliament. sheet ([ ] p.) printed for john wright at the kings head in the old bayley, london : . the orders for levying forces of the committee for safety are annulled. the order of the committee of the militia of june desiring col. dalbeere and other to bring in lists of reformado officers and other willing to serve is annulled -- cf. steele. order to print dated: die mercurii junii . signed: joh. brown cler. parliamentorum. reproduction of the original in the british library. eng great britain -- militia -- early works to . great britain -- history -- civil war, - -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no die mercurii . junii . ordered by the lords and commons assembled in parliament, that the severall orders made by the committee of lor england and wales. parliament. a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion die mercurii . junii . ordered by the lords and commons assembled in parliament , that the severall orders made by the committee of lords and commons for the safety of the kingdome , for the listing and drawing together of any of the forces of the severall counties , be and are hereby adnulled and made void . ordered by the lords and commons assembled in parliament , that the order of the committee of lords and commons , and of the committee of the militia of the city of london of the twelfth of this instant june . desiring colonell dalbeere and some other colonels to bring in lists of the names and qualities of such gentlemen and reformado-officers as they should finde willing to engage in the service of the parliament be , and is hereby adnulled and made void . die mercurii . junii . ordered by the lords assembled in parliament , that these orders be forthwith printed and published . joh. brown cler. parliamentorum . london printed for john wright at the kings head in the old bayley . . king richard the third revived. containing a memorable petition and declaration contrived by himself and his instruments, whiles protector, in the name of the three estates of england, to importune and perswade him to accept of the kingship, and crown of england, by their joynt election, (as if he were unwilling to undertake, or accept, though he most ambitiously aspired after them, by the bloudy murthers of k. henry . edward . and sundry others) before his coronation; presented afterwards to, and confirmed by the three estates and himself, in his first parliament, to give him a colourable title both by inheritance, and their election to the crown. transcribed out of the parliament roll of .r. . (printed in speeds history of great britain: where his other additionall policies to engage the city of london, lawyers, divines and people, to elect, and make him their king, are at large recorded.) prynne, william, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ * e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing p thomason e _ * thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ *] or :e [ ]) king richard the third revived. containing a memorable petition and declaration contrived by himself and his instruments, whiles protector, in the name of the three estates of england, to importune and perswade him to accept of the kingship, and crown of england, by their joynt election, (as if he were unwilling to undertake, or accept, though he most ambitiously aspired after them, by the bloudy murthers of k. henry . edward . and sundry others) before his coronation; presented afterwards to, and confirmed by the three estates and himself, in his first parliament, to give him a colourable title both by inheritance, and their election to the crown. transcribed out of the parliament roll of .r. . (printed in speeds history of great britain: where his other additionall policies to engage the city of london, lawyers, divines and people, to elect, and make him their king, are at large recorded.) prynne, william, - . [ ], , [ ] p. printed for william leak, at the crown in fleetstreet, betwixt the two temple-gates., london, : . attributed to william prynne. annotation on thomason copy e. [ ]: "march st"; the in imprint date has been crossed out and date altered to . reproductions of the originals in the british library. eng richard -- iii, -- king of england, - . cromwell, oliver, - -- early works to . great britain -- history -- edward iv, - -- early works to . great britain -- kings and rulers -- succession -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason e _ * e _ ). civilwar no king richard the third revived.: containing a memorable petition and declaration contrived by himself and his instruments, whiles protector prynne, william c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion king richard the third revived . containing a memorable petition and declaration contrived by himself and his instruments , whiles protector , in the name of the three estates of england , to importune and perswade him to accept of the kingship , and crown of england , by their joynt election , ( as if he were unwilling to undertake , or accept , though he most ambitiously aspired after them , by the bloudy murthers of k. henry . edward . and sundry others ) before his coronation ; presented afterwards to , and confirmed by the three estates and himself , in his first parliament , to give him a colourable title both by inheritance , and their election to the crown . transcribed out of the parliament roll of . r. . ( printed in speeds history of great britain : where his other additionall policies to engage the city of london , lawyers , divines and people , to elect , and make him their king , are at large recorded . ) eccles. . . that which hath been , is now , and that which is to be , hath already been : and god requireth that which is driven away . sam. . , . the lord shall send thunder and rain , that ye may perceive and see , that your wickednesse is great which ye have done in the sight of the lord , in asking you a king . and all the people said unto samuel , pray for thy servants unto the lord thy god , that we die not ; for we have added unto all our sins , this evil , to ask us a king . london , printed for william leak , at the crown in fleetstreet , betwixt the two temple-gates . . in rotulo parliamenti tenti apud westm. die veneris vicessimo tertio die januarii , anno regni regis richardi tertii primo , inter alia continentur ut sequitur . memorand . quod quaedam billa exhibita fuit coram domino rege in parliamento praedicto in haec verba . whereas late heretofore , that is to say , before the consecration , coronation , and inthronization of our soveraign lord king richard the third , a roll of parchment containing in writing certain articles of the tenor underwriten , on the behalf , and in the name of the three estates of this realm of england , that is to say , of the lords spiritual , and temporal , and of the commons by name , and divers lords spiritual and temporal , and other nobles and notable persons of the commons in great multitude , was presented & actually delivered unto our said soveraign lord , the intent and effect expressed at large in the same roll , to the which roll , and to the considerations , and instant petition comprized in the same , our said soveraign lord for the publique weal , and tranquility of this land being duly assented . now for as much as neither the said three estates , neither the said persons , which in their name presented , and delivered as it is aforesaid the said roll unto our said soveraign lord the king , were assembled in form of parliament , by reason whereof divers doubts , questions , and ambiguities been moved and ingendred in the minds of divers persons , as it is said . therefore , to the perpetual memory of the truth , and declaration of the same , be it ordained , provided , and established in this present parliament , that the tenor of the said roll , with all the contents of the same , presented as is abovesaid , and delivered to our abovesaid soveraign lord the king , in the name , and in the behalf of the said three estates out of parliament ; now by the said * three estates assembled in this present parliament , and by authority of the same , be ratified , enrolled , recorded , approved , and authorized to the removing of the occasions of doubts , and ambiguities , and to all other lawfull effects that shall now thereof ensue , so that all things said , affirmed , specified , desired , and remembred in the said roll , and in the tenour of the same , underwritten in the name of the said three estates to the effect expressed in the said roll , be of the like effect , vertue , and force , as if all the same things had been so said , affirmed , specified , and remembred in full parliament , and by authority of the same accepted , and approved , the tenor of the said roll of parchment wherof above is made mention , followeth , and is such . to the high and mighty prince , richard duke of gloucester . pleaseth it your noble grace to understand the considerations , election , and petition underwritten of us the lords spiritual and temporal , and commons of this realm of england , and thereunto agreeable , to give your assent to the common , and publique weal of this land , and to the comfort , and gladnesse of all the people of the same . first we consider , how that heretofore in time passed this land for many years stood in great prosperity , honour , and tranquillity , which was caused for so much as the kings reigning , used and followed the advice , and counsel of certain lords spiritual and temporal , and other persons of approved sagenesse , prudence , policy , and experience , dreading god , and having tender zeal , and affection to indifferent administration of justice , and to the common , and publique weal of the land : then our lord god was dread , loved , and honoured ; then within the land was peace and tranquillity , and among the neighbours concord and charity ; then the malice of outward enemies was mightily resisted , and repressed , and the land honourably defended with many great and glorious victories ; then the intercourse of merchants was largely used and exercised ; by which things above remembred , the land was greatly inriched , so that as well the merchants as the artificers , and other poor people ; labouring for their living in divers occupations , had competent gain , to the satisfaction of them , and their housholds , living without miserable and intollerable poverty . but afterwards , when as such had the rule and governance of this land , delighting in adulation , and flattery , and led by sensuality and concupiscence , followed the counsel of persons insolent , vicious , and of inordinate avarice , despising the counsel of persons good , vertuous , and prudent , such as above be remembred ; the prosperity of this land decreased daily , so that our felicity was turned into misery , and our prosperity into adversity , and the order of policy , and the lawes of god and man confounded , whereby it is likely this realm to fall into great misery , and desolation , ( which god defend ) without due provision of convenable remedie be had in this behalf in all godly haste . over this , among other things more special , we consider how that the time of the reign of edw : th . late deceased , after the ungracious pretended mariage ( as all england hath cause to say ) made betwixt the said king edward and elizabeth , sometimes wife to sir iohn gray knight , late naming her self , and many years heretofore queen of england , the order of politique rule was perverted , the laws of god , and of gods church , &c. also the laws of nature , and of england , and also the laudable customs and liberties of the same , wherein every englishman is inheritor , is broken , subverted , and contemned , against all reason and justice : so that the land was ruled by self-will , and pleasure , fear and dread , all manner of equity and law laid apart and despised , whereof ensued many inconveniencies and mischiefs , as murders , extortions , and oppressions , namely of poor , and impotent people , so that no man was sure of his life , land , or livelyhood , ne of his wife , daughter , or servant , every good maiden , and woman , standing in fear to be ravished , and deflowred . and besides this , what discorts , inward battels , effusion of christian mens blouds , and namely , by the destrnction of the nobles blood of this land was had , and committed within the same , it is evident , and notorious through all this realm , unto the great sorrow , and heavinesse of all true english men . and here also we consider , how that the said pretended mariage betwixt the above-named king edward , and elizabeth gray , was made of great presumption , without the knowing and assent of the lords of this land , and also by sorcery and witchcraft committed by the said elizabeth , and her mother iaquet dutchesse of bedford , as the common opinion of the people , and the publique voice , and fame is throughout all this land , and hereafter if the cause shall require , shall be proved sufficiently in time and place convenient . and here also we consider , how that the said pretended mariage was made privily , and secretly , without edition of banes , in a private chamber , a prophane place , and not openly in the face of the church , after the law of gods church , but contrary thereunto , and the laudable custom of the church of england ; and how also at the time of contract of the same pretended mariage , and before and long time after the said king edward was and stood maried , and troth-plight to one dame elinor butler , daughter to the earl of shrewsbury , with whom the said king edward had made a precontract of matrimony , long time before he made the said pretended mariage with the said elizabeth gray , in manner , and form aforesaid . which premisses being true , as in very truth they be true , it appeareth , and followeth evidently , that the said king edward during his life , and the said elizabeth , lived together sinfully , and damnably in adultery , against the law of god and of his church ; and therefore no marvel that the soveraign lord , and head of the land being of such ungodly disposition , and provoking the ire , and indignation of our lord god , such heynous mischief , and inconveniences as are above remembred were used , and committed in the realm amongst the subjects . also it appeareth evidently , and followeth , that all the issue , and children of the said king edward be bastards , and unable to inherit , or claim any thing by inheritance by the law , and custom of england . moreover , we consider how that afterwards by the three estates of this realm assembled in parliament , holden at westminster , anno . of the reign of the said king edward the th , he then being in possession of the crown , and royal estate , by act made in the same parliament , george duke of clarence , brother to the king edward now deceased , was convicted , and attainted of high treason , as in the said act is contained more at large ; because , and by reason whereof , all the issue of the said george was , and is disabled , and barred of all right and claim that in any case they might have , or challenge by inheritance , to the crown and dignity royal of this realm , by the antient laws and customs of this same realm . over this , we consider , that you be the undoubted heir of richard duke of york , very inheritor of the said crown , and dignity royal , and as in right king of england by way of inheritance ; and that at this time the premises duly considered , there is none other person living but you only , that may claim the said crown and dignity royal , by way of inheritance , and how that you be born within this land , by reason whereof , as we deem in our minds , you be more naturally inclined to the prosperity and common weal of the same , and all the three estates of the land have , and may have more certain knowledge of your birth , and filiation aforesaid . we consider also the great wit , prudence , justice , princely courage , and the memorable and laudable acts in divers battels , which as we by experience know you heretofore have done , for the defence , & salvation of this realm , and also the great noblenesse and excellency of your birth , and bloud , as of him that is descended of the three most royal houses of christendom , that is to say , england , france , and spain , wherefore these premises duly by us considered , we desiring effectually the peace , tranquillity , and weal publique of this land , and the reduction of the same to the antient honourable estate , and prosperity ; and having in your great prudent justice , princely courage , and excellent vertue , singular confidence ; * have chosen in all that in us is , and by that our writing choose you high and mighty prince our king , and soveraign lord , &c. to whom we know of * certain it appertaineth of inheritance so to be chosen . and hereupon we humbly desire , pray , and require your most noble grace , that according this election of us the three estates of your land , as by inheritance ; you will accept , and take upon you the said crown and royal dignity , with all things thereunto annexed , and appertaining , as to you of right belonging , as well by inheritance as by lawfull election ; and in case you so do , we promise to assist and serve your highnesse , as true , and faithfull subjects and liegemen , and to live and dye with you in this matter , and in every other just quarrel ; for certainly we be determined rather to adventure , and commit us to the peril of our lives , and jeopardy of death , than to live in such thraldom and bondage as we have done long time heretofore , oppressed and injured by extortions , and new impositions , against the law of god , and man , and the liberties , and old policy , and laws of this land , wherein every englishman is inherited . our lord god , king of all kings , by whose infinite goodnesse , and eternal providence , all things bin principally governed in this world , lighten your soul , and grant you grace to doe as well in this matter as in all other , that which may be according to his will and pleasure , and to the common and publique weal of this land : so that after great clouds , troubles , storms , and tempests , the sun of iustice and of grace may shine upon us , to the joy and comfort of all true-hearted englishmen . albeit that the right , title , and estate which our soveraign lord king richard the third hath to , and in the crown and royal dignity of this realm of england , with all things thereunto within the same realm , and without it annexed and appertaining , bin just and lawfull , as grounded upon the laws of god & nature , and also upon the antient laws and laudable customes of this said realm ; and also taken , and reputed by all such persons , as bin * learned in the abovesaid laws and custom ; yet neverthelesse , for as much as it is considered , that the most part of the people is not sufficiently learned in the abovesaid laws and customs , wherby the truth & right in this behalf of likelihood may be hid , and not clearly known to all the people , and thereupon put in doubt , and question . and over this , how that the * court of parliament is of such authority , and the people of this land of such a nature and disposition as experience teacheth , that manifestation and declaration of any truth or right , made by the three estates of this realm assembled in parliament , and by authority of the same , maketh before all other things , most faith , and certain * quieting of mens minds , and removeth the occasion of doubts , and seditious language . therefore , at the request , and by the assent of the * three estates of this realm , that is to say , the lords spiritual and temporal , and commons of this land assembled in this present parliament , and by authority of the same , be it pronounced , decreed , and declared , that our said soveraign lord the king was , and is the very undoubted king of this realm of england , with all things thereunto within the same realm , and without it , united , annexed , and appertaining , as well by right of consanguinity and inheritance , as by lawfull election , consecration and coronation . and over this , that at the request , and by the assent and authority abovesaid , be it ordained , enacted , and established , * that the said crown , and royal dignity of this realm , and the inheritance of the same , and all other things thereunto within this realm , or without it , united and annexed , and now appertaining , rest and bide in the person of our said soveraign lord the king , during his life , and after his decease in his heirs of his body begotten , and in especial at the request , and by assent , and the authority aforesaid , be it ordained , enacted , established , pronounced , decreed and declared , that the high and excellent prince * edward , sonne of our said soveraign lord the king , be heir apparent of the same our soveraign lord the king , to succeed to him in the abovesaid crown and royal dignity , with all things ( as is aforesaid ) thereunto united , annexed , and appertaining , to have them after the decease of our said soveraign lord the king , to him , and to the heirs of his body lawfully begotten . quae quidem b●lla communibus regni angliae in dicto parliamento existentibus transportata fuit , cui quidem billae idem communes assensum suum praebuerunt sub hiis verbis : a ceste bille les communs sont assentes ; quibus quidem billa & assensu coram domino rege in parliamento pradicto , lectis , auditis , & plenè intellectis , & de assensu dominorum spiritualium & temporalium in dicto parliamento similiter existentium , et communitatis praedictae ; nec non authoritate ejusdem parliamenti pronunciatum , decretum , & declaratum existit , omnia , et singula in billa praedicta contenta fore vera et indubia , ac idem * dominas rex , de assensu dictorum trium statuum regni , et authoritate praedicta , omnia & singula praemissa in billa praedicta contenta concedit , et ea pro vero et indubio pronunciat , decernit , et declarat . eccles. . , , the thing which hath been , it is that which shall be : and that which is done , is that which shall be done ; and there is no new thing under the sun . is there any thing whereof it may be said , this is new ? it hath been already of old time , which was before us . there is no remembrance of former things , neither shall there be any remembrance of things that are to come , with those that shall come after . yet it is both solid piety , policy , prudence , in such an age as this , for all considerate , conscientious englishmen , advisedly to remember , read , consider the tragical ends , * as well as the successfull beginnings , proceedings of this king richard , and his activest instruments , to gain and settle the kingship on him by such politick stratagems . finis . notes, typically marginal, from the original text notes for div a e- things done & concluded without the . estates in parliament , gave little or no satisfaction to the people , though in the name of the parliament & . estates . * the . estates must concurr to make a parl. else his title would neither be valid , nor satisfactory , but ambiguous , as before : no one or two of them being a full parl. but all . conjoyned . the new device of this bloudy usurper , to intitle himself to the crown of england , and take upon him the regal government . good counsellors . administration of justice . merchandise , and trade . merchants . artificers . gains . adulation , avarice . iii counsel . laws confounded . edward the his mariage blemished . laws perverted . liberties , and laws every engl●sh mans inheritance . arbitrary go-force . it s mischievous fruits . murders . extortions . oppressions . incettainty of mens lives & estates . discords . warrs . nobles bloud destroyed . kings mariage without the lords assent , & by sorcery & witchcraf● . void mariage . private mari●●e in a chamber . precontract . edward the . his ungodly disposition . his children illegitimate , & bastards . the duke of clarence attainted by parliament . his issue therby not inheritable and uncapableto claim the crown . richard the . declared undoubted & only heir to the crown . an englishman by birth . his pretended vertues & fitness to reign as king , without one word of his murders , treasons , regicides , hypocrisy & other vices . his valour in battel . his honourable and royal birth . * his election by the . states & this instrument to be k. of england . * they make his hereditary title , the ground of their choice . their petition and importunity to him , to accept of the crown , though himself most eagerly thirsted after i● . his hereditary right thereto , seconded by their election . their promise to assist , serve , & obey him , upon his acceptance thereof , as his subjects , and to live and dye with him . their pretended great thraldom , bondage , oppressions , &c. under his predecessors . extortions . new impositions against laws and liberties . nota. their prayer for him . great trouble ( occasioned partly by himself . ) justice . richard the . his hereditary title to the crown by the law of god and nature . * the lawyers flatter , and approve his title . the common people ignorant in the laws . * the parl authority with the people , when true , free , and real , consisting of the . estates . * its declaration quieteth all mens minds , removeth all doubts & seditions . yet he that considers h. . n. . to e. . n. . to . will scarce believe this for a truth , neither proved it so in his own case . * the . estates must all concurr to make a parliament , and valid election . they decree and declare him undoubted king of this realm , by inheritance and their lawful election coupled together . the crown setled & entailed on him , and the heirs of his body . * his son declared heir apparent . * here he creats & ratifies his own title . * psal. . , , . ps. . , . die veneris, maii, . upon complaint this day made by the commons in parliament, it is ordered by the lords in parliament assembled, that all these persons, viz. john bradshaw ... [et al.] who sate in judgement upon the late kings majesty when sentence of death was pronounced against him, and the estates both real and personal of all and every the said persons ... england and wales. parliament. house of lords. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing e ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) die veneris, maii, . upon complaint this day made by the commons in parliament, it is ordered by the lords in parliament assembled, that all these persons, viz. john bradshaw ... [et al.] who sate in judgement upon the late kings majesty when sentence of death was pronounced against him, and the estates both real and personal of all and every the said persons ... england and wales. parliament. house of lords. sheet ([ ] p.). printed by john macock, and francis tyton, printers to the house of lords, london, : . reproduction of original in the henry e. huntington library. eng charles -- i, -- king of england, - -- assassination. regicides -- great britain. confiscations -- great britain. great britain -- politics and government -- - . great britain -- history -- civil war, - . broadsides -- england -- th century. a r (wing e ). civilwar no die veneris, maii, . upon complaint this day made by the commons in parliament, it is ordered by the lords in parliament assembled, t england and wales. parliament. house of lords c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion royal blazon or coat of arms c r diev et mon droit die veneris , ▪ maii , . upon complaint this day made by the commons in parliament , it is ordered by the lords in parliament assembled , that all these persons , viz. john bradshaw , serjeant at law , president of the pretended high court of justice . john lisle . vvilliam say . oliver cromwel . henry ireton . esqs ; sir hardresse vvaller . valentine vvalton . thomas harrison . edward vvhaley . thomas pride . isaac ewers . esqs ; lord gray of groby . sir john danvers kt. sir thomas maleverer baronet . sir john bourcher kt. vvilliam heveningham esq alderman pennington alderman of london . vvilliam purefoy . henry martin . john barkstead . john blackiston . gilbert millington . esqs ; sir vvilliam constable baronet . edmond ludlow . john hutchinson . esqs ; sir mich. livesey bar. robert tichbourne . owen roe . robert lilburne . adrian scroope . richard deane . john okey . john hewson . vvilliam goffe . cornelius holland . john carey . john jones . miles corbet . francis allinn . peregrine pelham . john moore . john aldred . henry smith . humphrey edwards gregory clement . thomas vvoogan . esqs ; sir gregory norton knight . edmond harvy . john venn . thomas scot . esqs ; thomas andrews alderman of london . vvilliam cawly . anthony stapley . john downes . thomas horton , thomas hammond . nicholas love . vincent potter . augustine garland . john dixwel . george fleetwood . symon meyne . james temple . peter temple . daniel blagrave . thomas waite . esqs ; who sate in iudgement upon the late kings majesty when sentence of death was pronounced against him , and the estates both real and personal of all and every the said persons ( whether in their own hands , or in the hands of any in trust for their , or any of their vses ) who are fled , be forthwith seized and secured ; and the respective sheriffs and other officers whom this may concern , are to take effectual order accordingly . die veneris , maii , . ordered by the lords in parliament assembled , that this order and list be forthwith printed and published . jo . browne , cleric . parliamentorum . london , printed by john macock , and francis tyton , printers to the house of lords , . his majesties letter ianuary the th. in ansvver to the petition of both houses of parliament, as it was presented by the earle of newport, and the lord seymer. ian. . england and wales. sovereign ( - : charles i) this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing c thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) his majesties letter ianuary the th. in ansvver to the petition of both houses of parliament, as it was presented by the earle of newport, and the lord seymer. ian. . england and wales. sovereign ( - : charles i) charles i, king of england, - . england and wales. parliament. sheet ([ ] p.) printed for henry twyford, london : [ ] publication date from wing. annotation on thomason copy: " ". reproduction of the original in the british library. eng england and wales. -- parliament -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no his majesties letter ianvary the th. in ansvver to the petition of both hovses of parliament, as it was presented by the earle of newport, england and wales. sovereign a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - paul schaffner sampled and proofread - paul schaffner text and markup reviewed and edited - pfs batch review (qc) and xml conversion his majesties letter ianvary the th . in ansvver to the petition of both hovses of parliament , as it was presented by the earle of newport , and the lord seymer . ian. . . his majesty having seene and considered the petition presented unto him , the one and twentieth of this instant , by the earle of newport , and the lord seymer , in the names of both houses of parliament . is pleased to return this answer . that hee doth well approve of the desire of both houses , for the speedy proceeding against the persons mentioned in the petition ; wherein his majesty finding the great inconveniences by the first mistake in the way , hath endured some delayes , that he might be informed in what order to put the same ; but before that that be agreed upon , his majesty thinkes it unusuall , or unfit to discover what proofe is against them , and therefore holds it necessary , lest a new mistake should breed more delayes ; ( which his majesty to his power will avoid . ) that it be resolved whether his majesty be bound in respect of priviledges to proceed against them by impeachment in parliament ; or whether he be at liberty to prefer an inditement at the common law , in the usuall way , or have his choice of either : vvhereupon his majesty will give such speedy directions for the prosecution , as shall shew his majesties desire to satisfie both houses , and to put a determination to the businesse . london printed for henry twyford . a new magna charta: enacted and confirmed by the high and mighty states, the remainder of the lords and commons, now sitting at westminster, in empty parliament, under the command and wardship of sir thomas fairfax, lievtenant generall cromwell, (our present soveraigne lord the king, now residing at his royall pallace at white-hall) and prince ireton his sonne, and the army under their command. containing the many new, large and ample liberties, customes and franchises, of late freely granted and confirmed to our soveraigne lord king charles, his heires and successors; the church and state of england and ireland, and all the freemen, and free-borne people of the same. prynne, william, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) a new magna charta: enacted and confirmed by the high and mighty states, the remainder of the lords and commons, now sitting at westminster, in empty parliament, under the command and wardship of sir thomas fairfax, lievtenant generall cromwell, (our present soveraigne lord the king, now residing at his royall pallace at white-hall) and prince ireton his sonne, and the army under their command. containing the many new, large and ample liberties, customes and franchises, of late freely granted and confirmed to our soveraigne lord king charles, his heires and successors; the church and state of england and ireland, and all the freemen, and free-borne people of the same. prynne, william, - . [ ], p. s.n.], [london : printed in the yeere . anonymous. attributed to william prynne. annotation on thomason copy: "feb: th", " "; the in imprint date is crossed out. reproduction of the original in the british library. eng political satire, english -- th century. great britain -- politics and government -- - -- humor -- early works to . a r (thomason e _ ). civilwar no a new magna charta:: enacted and confirmed by the high and mighty states, the remainder of the lords and commons, now sitting at westminste prynne, william a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - jonathan blaney sampled and proofread - jonathan blaney text and markup reviewed and edited - pfs batch review (qc) and xml conversion a new magna charta : enacted and confirmed by the high and mighty states , the remainder of the lords and commons , now sitting at westminster , in empty parliament , under the command and wardship of sir thomas fairfax , lievtenant generall cromwell , ( our present soveraigne lord the king , now residing at his royall pallace at white-hall ) and prince ireton his sonne , and the army under their command . containing the many new , large and ample liberties , customes and franchises , of late freely granted and confirmed to our soveraigne lord king charles , his heires and successors ; the church and state of england and ireland , and all the freemen , and free-borne people of the same . new magna charta , cap. . omni vendemus , omni negabimus , aut differemus iustitiam , vel recium . printed in the yeere . a new magna charta . first for the honour of almighty god , and in pursuance of the solemne league and covenant which we made in the presence of almighty god for the reformation and defence of religion , the honour and happinesse of the king , and the peace and safety of the three kingdomes of england , scotland , and ireland , we have granted , and by this our present charter have consirmed , that the church of england shall be free to deny the perpetuall ordinances of jesus christ , to countenance spreading heresies , cursed blasphemies , and generall loosenesse and prophanenesse , and that all lawes and statutes formerly made against the aforesaid offences for the punishment and restraining thereof shall be utterly repealed , that so all men may freely enjoy and professe what religion soever they please without restraint : and we will that all archbishops , bishops , and their dependents shall be eternally suppressed , and all their mannours , lands and possessions sold to defray and advance the publique faith . that all ministers shall be plundered and thrust out of their livings and free-holds by our committee of plundering ministers without oath or legall tryall , upon bare informations of such of their parishioners who are indebted to them for tythes , or have any kinsman to preferre to their livings . and to supply the want of ministers , that all officers , souldiers , coblers , tinkers , and gifted brethren and sisters , shall freely preach , and propagate the gospell to the people , and new dip and rebaptize them without punishment . item . we will that the kings majesties person be maintained , and his authority preserved , by seizing his person at holdenby with a party of horse , and imprisoning him in the army , indangering his life at hampton court , and by colour thereof conveighing him secretly into the isle of wight , removing from him all his attendants , disposing of his revenue , children , forts , ships , castles , and kingdomes , and by this putting in execution these our votes , that no more addresses be made from the parliament to the king , nor any letters or message received from him : that it shall be treason for any persons whatsoever to deliver any message to the king , or receive any messages or letters from him , without leave from both houses of parliament : that a committee draw up a declaration to be published , to satisfie the kingdome of the reason of passing these votes , that so the world may beare witnesse with our consciences of our loyalty , and that we have no thoughts or intentions to diminish his majesties just power and greatnesse , according to the words of the solemne league and covenant . item , we give and grant to the freemen of the realm these liberties under written . first , that no sheriffes shall make due returnes of the citizens and burgesses elected to serve in parliament , nor make due elections of knights , nor in convenient time , nor the ablest wisest , nor discreetest shall be returned , but all fraud and deceit shall be used in elections , and persons not duly elected , nor elegible by law shall be members of the house of commons , and those to be our sonnes , kindred , servants , officers and such as will comply with us . item , no member shall sit in the house of commons with freedome and safety that endeavours to settle religion in the purity thereof , according to the covenant , to mantaine the ancient and fundamentall government of the kingdome , or to preserve the rights and liberties of the subject , or that layes hold on the first oportunity of procuring a safe and well-grounded peace in the three kingdoms , or that keeps a good understanding between the two kingdomes of england and scotland , according to the grounds expressed in the solemne league and covenant . and whoever offends against this article , we will that such members be impeached of high treason by the army , suspended the house before any particular impeachment , forced to accuse themselves by stating their cases for want of an accuser , and witnesses to prove them criminall , and at the last cast out of the house without answer , hearing the evidence , or privity of those that elected them whose persons they represent . item , we grant , that neither we nor any by colour of authority derived from us shall interrupt the ordinary course of justice in the severall courts and judicatures of the kingdome , nor intermeddle in causes of private interest otherwhere determinable , save onely our committees of indempnities , plundered ministers , complaints , sequestrations , excize and the army , who shall judge and contradict the lawes and statutes of the realme , vacate and repeale all indictments , verdicts , and judgements given in courts of justice , imprison all manner of persons , and turne them out of their freeholds , estates , goods , and chattels without the lawfull judgement of their peers , and against the fundamentall lawes of the land . item , we will and ordaine that the great and unusuall payments imposed upon the people , and the extraordinary wayes that were taken for procuring moneyes , shall ( contrary to the trust reposed in us ) be still burthensome , and daily increased more and more upon the people by our bare votes and ordinances , without the common consent by act of parliament ; and in case of refusall , forcibly levyed by troops of horse and souldiers , according to the law of decolled strafford , of all which moneyes our selves and members will be sole treasurers and disposers : free-quarter shall be still tolerated , and countenance given by us to the exactions and extortions of the souldiers , to whom we have granted an ordinance of indempnity for all murders , fellonies , rapes , robberies , injuries and trespasses committed by them , and all such offences as they shall commit , to the end they may protect us against the clamours and complaints of the oppressed people either by sea or land : and we ordaine , that all free-men shall henceforth be tryed onely by martiall and committee law , and impeached of new high treason at our pleasure , to consiscate their estates to our exchequer . item , we will that such persons as have done valiantly , and dealt faithfully in the parliaments cause according to the declaration of england and scotland , shall be publikely disgraced and dishonoured , and without cause thrust from their commands and imployments both civill and martiall without pay , hearing conviction or reparation for their losses , and that the severall and respective lievtenants , governours , and old garrison souldiers of the tower of london , newcastle , yorke , bristoll , plymouth , glocester , exeter , chester , pendennis castle and the isle of wight be removed with disgrace by our new generalissimoes meere arbitrary power , notwithstanding our former votes and ordinances for their particular settlement , and new mean seditious sectaries of our confederacy put into their places . item , we will that a just difference be made between such persons as never departed from their covenant and duty , and such as were detestable newtralists and oppressours of the people , and to that end we will , that the commission of the peace be renewed at the pleasure of our flying speakers , who are to provide , that such be omitted as agree not with the frame and temper of the army and us their lords and commons sitting at westminster , and others be added in their places who have complied with the enemy , and oppressed the people , and to that end we agree , that the earle of suffolke , earle of middlesex , william lord maynard , william hicks , knight and baronet , john parsons knight , richard pigott knight , edward king esquire , thomas welcome esquire , and divers others be omitted , and that john lockey , thomas welby , vvilliam godfrey , richard brian , sir richard earle baronet , and others of that stamp be added , of whose integrity and faithfulnesse quere . item , we will that for the perpetuall honour of the lords and barons of this realme , whose ancestors purchased for us with the expence of their lives and bloods from king john and henry the third , the great charter , that they shall from henceforth be impeached of high treason , committed , imprisoned , and put out of the house of peers , and forfeit their lives and estates to our disposing , if they defend that great charter , the lives and liberties of the subjects and parliament against a perfidious and rebellious army , and us the fugitive lords and commons , who fled from our houses to the army without cause , and there entred into a trayterous covenant and ingagement , to live and die with the army , and to destroy the faithfull members that stayed behind at westminster , and all the freedome of this and future parliaments . and we will that henceforth there shall be no house of peers , distinct from commons , but that all peers and peerage be for ever abolished , and all great and rich mens estates levelled and made equall to their poorest neighbours , for the better reliefe and encouragement of the poor saints . item , we will that the city of london shall have all her ancient liberties and customes in as full and ample manner as her predecessors ever had , and for that end we will that the army shall march in a warlike manner towards that city , and passe like conquerours in tryumph through the same . that all the fortifications and line about it shall be slighted and thrown downe , the tower taken out of their hands , and put into our generalls , and fortified to over-awe them ; the militia of the city changed and divided from that of westminster , and southwarke , the lord mayor , recorder , aldermen and some leading men of the common counsell , by crafty , sinister , and feigned informations , impeached of high treason , and other great misdemeanours imprisoned and disabled , and others by our appointment and nomination put into their places , and the citizens and common counsell-men shall henceforth make no free elections of governours and officers : that white-hall , the muse , minories , ely-house and other places shall be made citadells , that the posts and chaines in the city and suburbs be taken away , their gates and purcullices pulled downe , their armes delivered into a common magazine by our appointment , to disable them from all future possibility of selfe-defence , or disobedience to our imperiall commands , that so they may willingly deliver us up the remainder of their exhausted treasures and estates , when we see cause to require the same , and made as absolute freemen for all their expence of treasure and blood in our defence , as our english gally-slaves now are in algier . item , we will that the command of the navy and all ships at sea , for the honour of this nation and our owne , be committed into the hands and government of a vice-admirall , ( without and against the consent of the lords ) of late but a skippers boy , a common souldier in hull , a i eveller in the army , impeached by the generall for endeavouring to raise a mutiny at the late rendevouz , and since that taken with a whore in a bawdy house , who rode downe in triumph to the downes to take possession of his place in a coach and foure horses , with a trumpeter and some troopers riding before and after it , sounding the trumpet in every towne and village as they passed , to give notice of his new excellencies arrivall , and make the common people vaile bonnet , and strike sale to his coach , and at his late returne from the isle of wight to the downes was rowed from the ship to the towne of deale with the ensigne in the sterne , the boatswaine and all the rowers bare headed , like so many gally-slaves , ( a new kind of state which never any lord-admirall in england , though the greatest peer , yet tooke upon him , but the king onely : ) and to maintaine this new pompe and state of his we will and ordain , that all merchants , as well natives as forraigners , shall pay such new customes , impositions , and excize for all manner of goods and merchandize whatsoever imported , or exported , as we in our arbitrary wisdomes shall judge meet , under paine of forfeiture of all their said goods and merchandize , and such other penalties as we shall impose . item , we will and ordaine for the ease and reliefe of the almost famished poore in these times of dearth and decay of trade , that excize shall still be paid by them , and every of them for every drop of small beer they drinke , and for all oyles , dying stuffes , and mercers wares they shall have occasion to use about their trades and manufactures , and that the lusty young souldiers , who are able to worke and get their livings by the sweat of their browes , shall ramble abroad through all the kingdome , and like so many sturdy rogues , take free-quarter for themselves , horses and companions from place to place , refusing to work , shall eat up all the provisions in gentlemens , yeomens , clothyers , and other rich mens houses , who formerly relieved the impotent poore with their almes , and the able with work . item , we will that william lenthall our speaker for the time being , shall have a monopoly and plurality of all kind of officers , for the maintenance of his state and dignity , and recompence of his infidelity , in the deserting the true house of commons , notwithstanding the selfe-denying ordinance to the contrary , and to this end we ordaine , that he shall be our perpetuall speaker , and eternally take five pounds for every ordinance that passeth the commons house , with all other incident ( new exacted ) fees and gratuities ; that he shall with this his office enjoy the custody and profits of the great seale of england , the dutchy of lancaster , together with the mastership of the rolls , and as many other places as we shall be able to conferre upon him or his sonne ; and that his honoured brother sir john lenthall for his great affection to and care of the subjects liberties committed to his custody , shall have free licence to suffer what prisoners he pleaseth to escape out of prison , and sir lewis dives though voted by us to be arraigned and tryed for high treason this terme , and all persons lying in execution for debts to goe and lie abroad at their owne houses , and make escapes at pleasure to the defrauding of creditors , without being prosecuted , or put out of his office for the same , provided they alwayes give him a good gratuity for this their liberty of escape . item , we will that our distressed brethren in ireland may enjoy the benefit of this our new great charter , and all the liberties therein comprized , and that by vertue thereof the supplies , reliefs , men , moneyes , and the monethly tax of sixty thousand pounds designed for them , shall be totally interrupted , misimployed , and diverted by king crumwell and prince jreton his son-in-law , to maintaine , pay and recruit their supernumeraries and the army here : that the noble and valiant lord inchequin who hath done such gallant service against the rebells , shall be accused and blasted in both our houses and pamphlets , and mercenary diurnall men for a traytor , and confederate with the rebells , by the lord lisle and his confederates , who wears much of irelands imbezelled treasure on his back , and hath much more of it in his purse , taking no lesse then . l. or . l. a day , as lord deputy of that realme , onely for riding about london streets in his coach in state , and victorious honest col. jones discountenanced , discouraged , and both of them removed this spring from their commands , to advance the independent cause , and godly party in that realme . lastly , all these new customes and liberties aforesaid , which we have granted to be holden in our realmes of england and ireland , as much as appertaineth to us we shall observe : and all men of these realmes , as well nobles as commons , shall enjoy and observe the same against all persons in likewise . and for this our gift and grant of these liberties , the nobles and commons are become our men from this day forward , of life and limb , and of earthly worship , and unto us shall be slaves and vassalls for ever ; and we have granted further , that neither we nor any of us shall procure or do any thing , whereby all or any the liberties in this charter contained , shall be ever hereafter infringed or broken : and further we ordaine , that our postmaster edmund prideaux , one of our fugitive & army-ingaged members , who byfraud got into that office , and keeps it by force against common right , do send posts with copies of this our charter into all counties , cities and places of our dominions , for recompence of which service he shall still conciously enjoy that office , and that our sheriffs , committees , and new-made justices cause the same to be speedily published accordingly in all our countrey-courts , these being our witnesses to this charter . william lawd l. archbishop of canterbury , thomas earl of strafford , sir john hotham knight , governour of hull , lievtenant-generall john hotham , all foure beheaded by our command at the tower hill for the breach of old magna charta and trecherie . nathanael fines , condemned to lose his head by a councell of war for delivering up bristoll to our enemies , by us to be one of the grand committee forthe safety of this and yet spared kingdome and ireland , instead of the exploded scotch commissioners . finis . die iovis maii, . for as much as many writs of error be now brought, and the records thereupon be removed into this present parliament ... england and wales. parliament. house of lords. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing e ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) die iovis maii, . for as much as many writs of error be now brought, and the records thereupon be removed into this present parliament ... england and wales. parliament. house of lords. sheet ([ ] p.). printed for iohn wright at the kings head in the old bayley., london : . reproduction of original in the henry e. huntington library. eng writ of error -- great britain. great britain -- politics and government -- - . broadsides -- england -- th century. a r (wing e ). civilwar no die iovis maii, . for as much as many writs of error be now brought, and may hereafter be brought, and the records thereupon be remov england and wales. parliament. house of lords a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - elspeth healey sampled and proofread - elspeth healey text and markup reviewed and edited - pfs batch review (qc) and xml conversion die lovis maii , . for as much as many writs of error be now brought , and may hereafter be brought , and the records thereupon be removed into this present parliament : and the plaintiffs in the same writs oftentimes desire to delay justice rather then to come to the determination of the right of the cause . it is therefore this day ordered by the lords assembled in parliament , that the plaintiffs in such writs , after the same , and the records bee brought in , shall speedily repaire to the clarke of the parliament , and prosecute their writs of error , and satisfie the officers of this house their fees iustly due unto them by reason of the prosecution of the said writs of error , and the proceedings thereupon : and further , shall assigne their errors within eight dayes after the bringing in of such writs with the records and if the plaintiffes make default so to do , then the said clarke , if the defendant in such writs require it , shall record that the plaintiffe hath not prosecuted his writ of error : and that this house doth therefore award that such plaintiffe shall lose his writ , and that the defendant shall goe without day , and that the record be remitted . and if any plaintiffe in any writ of error shall alleage diminution and pray a cerciorari , the clarke shall enter an award thereof accordingly . and the plaintiffe may , before in nullo est erratum pleaded , sue forth such writ of cerciorari in ordinary course , without speciall petition or motion to this house for the same . and if he shall not prosecute such writ , and procure it to be returned within ten dayes next after his plea of diminution put into this house ; then unlesse he shall shew some good cause to this house for the inlarging of the time for the returne of such writ , he shall lose the benefit of the same : and the defendant in the writ of error may proceed , as if no such writ of cereiorari were awarded . die iovis . maii . ordered by the lords assembled in parliament , that this order be forthwith printed and published . ioh. brown cler. parliamentorum . london printed for iohn wright at the kings head in the old bayley . . by the king, a proclamation for prohibiting the importation or retailing of any commodities of the growth or manufacture of the states of the united provinces england and wales. sovereign ( - : charles ii) approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing c estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) by the king, a proclamation for prohibiting the importation or retailing of any commodities of the growth or manufacture of the states of the united provinces england and wales. sovereign ( - : charles ii) charles ii, king of england, - . broadside. printed by john bill and christopher barker ..., london : / [i.e. ] "given at our court at whitehall the fifteenth day of march, / . in the seventeenth year of our reign." reproduction of original in the huntington library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng anglo-dutch war, - . great britain -- history -- charles ii, - . great britain -- politics and government -- - . - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion c r diev et mon droit honi soit qvi mal y pense royal blazon or coat of arms by the king. a proclamation for prohibiting the importation or retailing of any commodities of the growth or manufacture of the states of the united provinces . charles r. the kings most excellent majesty having duly considered and weighed the present state of affairs between him and the states of the united provinces , and finding the differences on their parts daily multiplied and heightned ; and particularly , that they have prohibited the importing and vending of any goods or wares made in this kingdom , or any his majesties dominions , into any their provinces or dominions , upon great penalties ; his majesty hath therefore thought fit , and by and with the advice of his privy council , doth hereby publish and declare , and also straightly charge and command , that no goods , merchandizes or commodities whatsoever of the growth or manufacture of the dominions of the said states of the united provinces , or of any of their plantations or factories wheresoever , shall at any time or times hereafter be brought or imported into any of his majesties realms or dominions , or any port or creek of the same , or if hereafter imported , shall not be there retailed , uttered , bartered or sold by any person or persons whatsoever , upon pain of confiscation and forfeiture thereof to his majesties use : of which confiscation and forfeitures his majesty is pleased the informer shall have one moyety . and hereof his majesties pleasure is , that all his loving subjects , and all others whom it may concern , do take notice at their peril : and to that end doth hereby straightly charge and command , as well all and every the officers of the admiralty , as also all and singular farmors , customers , comptrollers , searchers , waiters and other officers , in all ports , havens , creeks and other places , that they and every of them respectively take special care to see this his royal pleasure and command put in due execution at their perils . given at our court at whitehall the fifteenth day of march , / . in the seventeenth year of our reign . god save the king. london , printed by john bill and christopher barker , printers to the kings most excellent majesty , / . the humble address of the house of commons to the king his majesty's most gracious answer thereunto. england and wales. parliament. house of commons. approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing e estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : or : a) the humble address of the house of commons to the king his majesty's most gracious answer thereunto. england and wales. parliament. house of commons. england and wales. sovereign ( - : william iii) sheet ([ ] p.) printed for edward jones ... and timothy goodwin ..., london : . by virtue of an order of the house of commons, i do appoint edward jones and timothy goodwin to print this address, and that no other person presume to print the same. tho. littleton, speaker." item at : filmed with: a brief account of captain william govan. [edinburgh : s.n., ?]. reproduction of originals in the harvard law school library and the british library, london, england. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng great britain -- history -- william and mary, - . great britain -- politics and government -- - . - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - john pas sampled and proofread - john pas text and markup reviewed and edited - pfs batch review (qc) and xml conversion the humble address of the house of commons to the king ; with his majesty's most gracious answer thereunto . most gracious sovereign , we your majesty's most dutiful and loyal subjects , the commons in this present parliament assembled , do with unfeigned zeal to your majesty's person and government , ( which god long preserve , ) most humbly represent to your majesty . that the passing the late act for disbanding the army gave great satisfaction to your subjects ; and the readiness your majesty has expressed by your message , to comply with the punctual execution thereof , will prevent all occasions of distrust or jealousie between your majesty and your people . it is , sir , to your loyal commons an unspeakable grief , that your majesty should be advised to propose any thing in your message , to which they cannot consent with due regard to that constitution your majesty came over to restore , and have so often expos'd your royal person to preserve ; and did in your gracious declaration promise , that all those foreign forces which came over with you , should be sent back . in duty therefore to your majesty , and to discharge the trust reposed in us , we crave leave to lay before you , that nothing conduceth more to the happiness and welfare of this kingdom , than an intire confidence between your majesty and your people : which can no way be so firmly established , as by intrusting your sacred person with your own subjects , who have so eminently signaliz'd themselves on all occasions , during the late long and expensive war. his majesty's most gracious answer . gentlemen , i came hither to restore the ancient constitution of this government ; i have had all possible regard to it since my coming ; and i am resolved , through the course of my reign , to endeavour to preserve it entire in all the parts of it . i have a full confidence in the affections of my people , and i am well assur'd they have the same in me , and i will never give them just cause to alter this opinion . as to my subjects who serv'd during the war , i am an eye-witness of their bravery , and of their zeal for my person and government ; and i have not been wanting to express my sense of this to my parliaments , as well as upon other occasions . i have all the reason to trust and rely upon them that a prince can have , and i am satisfied , there is not one man among them capable of entertaining a thought , that what was propos'd in my message , proceeded from any distrust of them . it shall be my study to the utmost of my power to perform the part of a just and good king , and as i will ever be strictly and nicely careful of observing my promises to my subjects , so i will not doubt of their tender regards to me. by virtue of an order of the house of commons , i do appoint edward jones , and timothy goodwin , to print this address ; and that no other person presume to print the same tho. littleton , speaker london : printed for edward jones in the savor , and timothy goodwin at the queen 's he 〈…〉 . the pillars of parliament struck at by the hands of a cambridge doctor, or, a short view of some of his erroneous positions, destructive to the ancient laws & government of england to which is added the true state of the doctor's error about the parliament, h. / by william petyt of the inner-temple, esq. ... petyt, william, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing p estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the pillars of parliament struck at by the hands of a cambridge doctor, or, a short view of some of his erroneous positions, destructive to the ancient laws & government of england to which is added the true state of the doctor's error about the parliament, h. / by william petyt of the inner-temple, esq. ... petyt, william, - . [ ], p. printed for tho. simmons ..., london : . reproduction of original in national library of scotland (advocates'). marginal notes. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- parliament. great britain -- politics and government. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - jonathan blaney sampled and proofread - jonathan blaney text and markup reviewed and edited - pfs batch review (qc) and xml conversion the pillars of parliament struck at by the hands of a cambridge doctor , or , a short view of some of his erroneous positions , destructive to the ancient laws & government of england . to which is added the true state of the doctor 's error about the parliament , h. . by william petyt , of the inner temple , esq ; london , printed for tho. simmons , at the princes arms in ludgate-street mdclxxxi . the pillars of parliament struck at by the hand of a cambridge doctor , or , a short view of some of his erroneous positions , &c. about a tear and a half since , i did , in a small treatise , assert the ancient right of the commons of england in parliament : and therein maintained , that the commons of england , represented by knights , citizens and burgesses in parliament did not begin to be an essential part of parliament , anno h. . by rebellion . to which there lately came out a pretended full and clear answer : wherein the author thereof affirms , that the commons of england , represented by knights , citizens and burgesses in parliament , were not introduced , nor were one of the three estates in parliament before the th of h. . the dignities , learning and fame of the supposed author of the book being so great , it is but fit that the use , end and scope thereof should be better known , and understood , than yet it is . in order whereunto i have , for the publick good , ( got time ) to make a small abstract , or compendium , of some of the principles which the answerer hath asserted and laid down therein . which are these following . the doctor' 's positions . what interest the commons of england had in the parliaments of the saxon times . there are no commons to be found in the saxon great councils . nor any thing that tends towards the proof of the commons of those times , to have had any share of making laws in those councils . the commons as at this day known , not to be found amongst the community of england in old historians . in the norman times . that william the conqueror claimed by the sword , and made an absolute conquest . for , without doubt , there was no english-men in the common - council of the whole kingdom . for the english had neither estates nor fortunes left ; and therefore it could be no great matter to them , by what law , right or propriety other men held their estates . william the conqueror divided all the lands in england amongst his great followers , to hold of him . the free-men of england , being french , flemings , anjovins , britains , poictovins , and people of other nations , who came in with the conqueror , and to whom his magna charta was made ; not to english-men . these were the men the only legal men that named , and chose juries , and served on juries themselves , both in the county and hundred courts , and dispatched all country business under the great officers . if therefore the justiciaries , chancellors , earls , sheriffs , lords of mannors , such as hear'd causes , and gave judgment , were normans ; if the lawyers and pleaders were also normans , the pleadings and judgments in their several courts must of necessity have been in that language , and the law also the norman-law ; otherwise they had said and done they knew not what , and judged they knew not how : especially when the controversies were determined by military-men , earls , sheriffs , lords of mannors , &c. that understood not the english tongue or law : or when the chief justiciary himself was a military-man , as , it often happened , and understood only the norman language ; and 't is hardly to be believed , these men would give themselves the trouble of learning and understanding the english-law and language . these were the free-men which made such a cry , for their liberties ( as appears by magna charta ) most of which is only an abatement of the rigour , and a relaxation of the feudal tenures ; the rest were but only followers , and helped to augment the noise ; they were no law-makers , as this gentleman ( meaning me ) fondly imagines . for it is not probable that those men that had the force of the nation , would permit men of small reputation to share with them in law-making . those that had the power of this and other nations de facto , always did give laws , and tax the people . after symon montford earl of leicester and the numerous barons had taken hen. . and prince edward prisoners at the battel of lewes , and a new government was framed and set up , they ( anno h. . ) sent out writs in the king ' s name unto divers bishops , abbots and priors , and to such of the noble-men as were of their own party ; to the sheriffs of counties , cities , burroughs , and the cinque-ports . a and without doubt , as others have conjectured before me , the danger that symon and his privado's apprehended from the concourse of the nobility and their great retinues , and the example of his and the barons practices at oxford , was the reason why they ( anno h. . ) altered the ancient usage , and of their sending , directing , and in the king ' s name commanding the sheriffs of each county , the cities and burroughs , to send two knights , citizens and burgesses respectively . b hence he affirms , that the commons of england , represented by knights , citizens and burgesses in parliament , were not introduced , nor were one of the three estates in parliament before the th . of h. . for the commons were not comprehended in the common university . for the noble-men of england , and council of the baronage were the community of england . barones regni called to parliament at the king's pleasure . and what king henry , a little before his death , begun ; that is , to call such earls and barons , quos dignatus est , such as he pleased , edward the first and his successors constantly observed . having had one great antiquary's opinion , ( meaning mr. camden ' s ) joyned with matter of fact , upon the constitution of the house of lords . let us see the opinion of another concerning the origin of the house of commons , back'd also by matter of fact. sir robert cotton says , the victory at evesham , and the dear experience henry the third himself had made at oxford in the d . year of his reign , and the memory of the many streights his father was driven to , especially at runnemede , near stanes , brought this king wisely to † begin what his successors fortunately finished , in lessening the strength and power of his great lords . and this was wrought by searching into the regality they had usurped over their peculiar soveraigns , and by weakening that hand of power which they carried in parliaments by commanding the services of many knights , citizens and burgesses to that great council . these were the reasons why those kings followed montfort 's pattern , to secure themselves against the tumultuous , insolent and seditious practices of the barons . and , as according to the opinions of these great antiquaries , these new constitutions of parliament had their origin from the king 's authority ; so from the same authority and time it was , that this most excellent great council received its perfection , and became exactly fitted for the government of these nations , as it seems to be very evident from these following records . and then the doctor prints several writs in the reigns of e. . e. . and e. . for summoning sometimes one , sometimes more knights , citizens and burgesses to such great councils as had no power to make laws , but were only called upon the suddain , to give advice and counsel . yet the doctor would have these to be parliaments , ( a plain , if not a designed error ) with several dangerous notes or inferences in the margin , as the reader may observe , pag. , , , , , , , , . the king and his council judges whether and when burgesses ought to come to parliaments . the great charter , commonly attributed to hen. . and styled his charter , was properly the charter of e. . or perhaps rather his explication or enlargement of that charter of king john and h. . for we find not the great charter , either of that , or king john's form , in any of the rolls , until the th of e. . and he had a greater sum of money for confirming this charter than h. . had , as 't is recorded in the summons to parliament for that purpose . in this charter then confirmed , there is no provision made for any summons to great councils , or parliaments : and the reason may well be , because the constitution of great councils or parliaments was lately changed from what it was in king john ' s time , and until the th of h. . nor perhaps was it so fixed , and peremptorily resolved on at this time ( viz. e. . ) what it should exactly be for the future , as to have it made an article of the charter : and to this conjecture , the frequent variations of summons to parliament in those times do give a probable confirmation . thus far our doctor . nullus erranti terminus . but i will not say with him , that here are any aery ambuscades , whimseys , marvellous nonsence , gross ignorance of histories and records , admirable and idle fancies , and a troop more of such gentile expressions , which our answerer hath been pleased to give that ingenious gentleman , mr. atwood of grays-inn , and my self . all strong arguments and high civilities , scarce well becoming the doctor in all his eminent qualifications . but to come to the true state of the doctor and his author's error about the parliament , h. . after matthew paris , and rishanger his continuer , had given them an account of the wars between h. . and his great barons ; and that at the battel at lewes , anno . of that king , he and prince edward were taken prisoners by symon montfort , earl of leicester ( general for the barons ) in the year following , which was h. . they meet with a schedule affixed to the close roll ; wherein there are writs of summons entred for calling two knights for each county ; two citizens , two burgesses for every city and borough , and two barons for every of the cinque-ports , to meet in a parliament at london in the octaves of st hillary . what to do ? nobiscum ac cum proedictis prelatis , & magnatibus nostris , quos ibidem vocari fecimus super proemissis tractaturi , atque consilium impensuri . to treat with him the said king , and with the prelates and great men of the land , touching the premisses , and to give their advice . now because this writ of summons falls , as the doctor saith , in the nick of time with the historian , when the king and prince were in custody of symon montfort , he and his author will needs thereupon nick the house of commons ; and have this summons to be the very first and original writ of summons to parliament , that ever was of this nature , that in this critical tear , at this very time , there began a wonderful change , and a marvellous alteration of the ancient form of our english parliaments ; and that before the commons were never any part thereof ; but then had their origine and beginning to be so by this rebellion . when as , . if that roll had been lost , as all the parliament . rolls of those times are , it cannot appear that there were any summons to parliament , either to the lords spiritual , or temporal , or commons , till and e. . thirty years after h. . though it is evident and certain , both from the printed books and records , there were above fourteen parliaments in the interim . and our doctor himself and his author agree , that both lords and commons were present and parties in the parliament , anno h. . at marlborough , three years after h. . and also in the third year of e. . ( which was eleven years after h. . ) at a parliament at westminster , though there are no writs of summons , either of the lords or commons , nor any rolls yet found out of those parliaments . . neither do their own historians whom they make use of , nor matthew westminster , whom the doctor cites too , who writ in the reign of e. . son to h. . and who particularly gives an account also of those wars , nor any historiographer or lawyer , nor any record of that or succeeding ages , ever mention one word of any such change or revolution in h. . as our doctor , and his single author by tacking and patching their historian and writs together , have inferred and maintained in their books . besides the form of acts of parliament , and expressions both in historians and records , are the same both before and after h. . and in the reigns of e. . e. . and e. . notwithstanding all which , and that the doctor well knew that the citizens and burgesses were a constituent part of the parliament in ireland , anno h. . which was eleven years before h. . as i proved in my book , p. . and also by way of comparison , p. . that the cities , great towns and burroughs , . of france . . spain . . portugal . . denmark . . sweden . and . scotland , have from time immemorable , both de jure and de facto , had their delegates or representatives in the general councils , or , in our present dialect , parliaments . so that it might seem very strange , that when the cities and burroughs in all the kingdoms of europe , were ab antiquis temporibus , even in the time coeval with their government , an essential part of their common-councils , or parliaments ; that england , of all the european world , should not be under the same constitution before h. . yet the doctor and his author by all their art and skill have toiled and laboured to swim against the stream of so great a torrent of reasons and testimonies . to which , in convenient time , shall be added many more authorities , which are first to be carefully examined , and cannot be done in so short a time , together with a civil and moderate reply to the doctor 's answer ; as well on the one hand to acquit my self from the real passion of our doctor , to say no worse , though common prudence might have obliged him to more sober considerations ; as on the other , to vindicate and assert the honour of our english nation and parliaments , against his and his author 's ill grounded notions . which , is true , i must agree that the general understanding and judgment , as well of the kings of england , as of the whole english nation , and all foreign writers for so many centuries of years , have been marvellously abused and imposed upon , especially king james and his late majesty : who tell us , . that not only the regal authority , but the people's security of lands , livings and privileges were preserved and maintained by the ancient fundamental laws , privileges and customs of this realm : and that by the abolishing or altering of them , it was impossible but that present confusion will fall upon the whole state and frame of this kingdom . . the law is the inheritance of every subject , and the only security he can have for his life or estate ; and the which being neglected or disesteemed ( under what specious shew soever ) a great measure of infelicity , if not an irreparable confusion , must without doubt fall upon them . lastly , i will for the present give but five or six jnstances , that the commons of england , as now distinguished from the great lords , were an essential part of the general councils or parliaments before h. . . bracton , a grave and learned judge , who flourished in the time of h. . and an author beyond the answerer's exception , after he had declared to posterity that he had bent his mind ad vetera judicia perscrutanda diligenter , non sine vigiliis & labore ; and whatsoever he found nota dignum , he reduced in unam summam perpetuoe memoriae commendandam : declares the rule , how laws were made , not in his own only , but in ages before . cum legis vigorem habeat , quicquid de consilio & de consensu magnatum & reipublicae communi spontione , authoritate regis sive principis precedente juste fuerit difinitum & approbatum . that that hath the force and power of a law , which shall be justly declared and approved of by the council and consent of the great men , and by the general agreement of the commonwealth , the authority of the king preceding . . the statute of magna charta was made and confirmed in parliament , h. . ( which was thirty nine years before h. . ) as is evident by these authorities , which say that it was made . . de communi concilio regni . . per comune assent de tut le roiaume , en temps le rey henry nostre pere. . per le roy , piers & commune de la terre . notes, typically marginal, from the original text notes for div a -e my discourse . pag. . pag. . pag. . in the margin . pag. , . pag. . in the margin . pag. . in the margin . pag. . pag. . pag. . pag. , , . pag. . nota. when be agrees they understood not a word of english law or language . pag. . nota. as this is precarious , so it is certainly false and impracticable , and directly against domes-day-book , and the evidence and testimony of the historians and laws of that very time . gloss. pag. . nota. let him prove it to save his credit . nota. why then may not the like reason hold against the introduction of the commons to be first a part of parliament by the victorious and numerous barons after the battel of lewes , anno h. . pag. . they send out writs in the king's name to summon a parliament . a p. . dugd. baron , fol ● . col . . the probable cause that moved montfort to summon this convention . nota. how could that be , when the numerous barons ( as they say ) had all things in their power . b nota. here we have the original , and all the authorities and proofs that the commons ( as they would have it ) began by rebellion , h. . nota . for no man ever dream'd of such an origine before the doctor and his author only . pag. . pag. . in the margin . pag. . pag. . in the margin . pag. . nota. the original author of this fictitious change is quoted by camden , followed by sir. robert cotton ; but slighted , bafled , and proved evidently false by mr. selden in his titles of honour , f. . . and contrary to the course of histories and records of those ages . † nota. how came the doctor to quote sir robert cotton , since he is expresly against him ? for if what sir robert saith was true , the commons were first called to parliament by king henry , after the battel of evesham ; and then , not by the barons , nor in h. . and so they began , not by rebellion as the doctor and his author say . nota. nota. not a syllable of montfort's patern in any of his authors cited by him , except his own contemporary author . nota. all deceived by camden's author ; not an historian or any record mentioning one word of such an alteration , though several lived and writ in the very time . nota. the doctor fancies that the present constitution both of lords and commons began , anno h. . and after , and was setled by e. . and his successors ; but proves not a tittle of the matter of fact . nota. the doctor 's manifest error in making writs of summons to magna concilia to be summons to parliament . pag. . in the margine . nota. thus the doctor insers from this clause in the record : et tunc fiat eis super hoc justitia vocatis evocandis si necesse fuerit . the doctor 's jani anglorum facies antiqua , pag. , . nota. the doctor , to serve his turn , fondly designs to destroy magna carta of h. . and make e. . live before his father and grandfather were born . nota. a convincing argument that because the charter of h. . is enrolled by inspeximus , anno e. . in haes verba , henricus , &c. therefore it was properly his charter , and not h. . ibid. . nota. all this is to prop up a new and mistaken norton , that tenants in capite by military service only made the parliament , till h. . nota. here the doctor again refers to his mistaken writs of summons to great councils for parliaments , temporibus e . e. . e. . which he hath printed , and by them would give a colour to his and his author 's marvellous change of the ancient government of the kingdom , anno h. . never found out or discovered by any before . author of jani anglorum facies nova . notes for div a -e rot. clan . h. . in schedula . dugdale's origines juridiciales , fol. . col . . pag. . dugdale's origines jurisd . fol. . but to point out who they were ( viz. barones majores ) that had their first rise by writs of summons , until e. . and afterward , passeth my skill , there being no publick record that doth make mention of them till then except that of h. dugdale's pref. to his baronagium angliae , tom. . the doctor , pag. . nota. according to the doctor , mr. camden and his author speaks not any thing of the commons , but only of the lords and their peers . nota. the doctor and his author having tack'd and patch'd together the historian , and writs of summons to a parliament , h. . is their only evidence that the commons begun by rebellion in that very year . nota. these arguments , proofs and reasons , besides many more , the doctor hath unfairly concealed from his readers ; yet he hath published to the world his full and clear answer to my book , and particularly to the eighth and ninth arguments , wherein these authorities are urged : the doctor gives this answer in these very words , p. . his eighth and ninth arguments , also his first and second observations upon the whole matter , have nothing in them worth a serious consideration . in the northern kingdoms , adamus bremensis saith , that the bishops , after the people received christianity , were received into their publick councils . and loccenius reckons up , among the several estates , the bishops , nobles , knights and deputies of the country and cities . the learned author of the grand question , pag. . king james's first speech to his first parliament in england . pulton's stat. jac. c. . f. . king charles the first 's declaration to all his loving subjects , published with the advice of his privy council . exact collections of declarations , p. , . bracton , lib. . cap. . fol. . this authority the doctor took no notice of in my book . rast. stat. h. . sol . . . id. e. . c. . it is called , the laudable statute of magna charta . regist. fol. . rot. stat. . e. . m. . rot. parl. e . num . . dor . enprimes est accorde & assentu que la franchise de seint esglise & la grand chartre & la chartre de la foreste & les autres estatatz faitz per nostre seignior le roy & ses progenitors piers & la comune de la terre pur comune profit du people soient firmement gardez & maintenez en touz pointz . rast. stat. de an. e. . ● . . f. . it is accorded and assented that the franchize of holy church , and the great charter , and the charter of the forest , and the other statutes made by our ●overeign lord the king , and his progenitors , peers and the commons of the land , ●r the common profit of the people , be firmly kept and maintained in all points . rast. ●at . e. . c. . the laudable statute of magna charta , which statute was made ●r the great wealth of all this land ; and in affirmation of the said statute of the said ●reat charter , divers statutes have been afterwards made and ordained . . by religio stoici mackenzie, george, sir, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing m estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) religio stoici mackenzie, george, sir, - . [ ], - , , , [ ] p. printed for r. broun, edinburgh : . errata: p. 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ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng toleration. great britain -- politics and government -- - . - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - judith siefring sampled and proofread - judith siefring text and markup reviewed and edited - pfs batch review (qc) and xml conversion religio stoici . acts . . — ye men of gallile , why stand ye gazing up into heaven ? edinburgh . printed for r. broun , . the stoick to his censurers . i am , by religion , a protestant , and such confide little in merit ; and by humour , a stoick , and such are most inconcerned in censures : wherefore , as i intend to rival none of these who court fame , i hope none of these will asperse me ; and if i obtain truce from them , i know none else will attaque me . the multitude ( which albeit it be said to have many heads , yet , was ever known to have few brains ) will doubtless condemn me for enveighing against vanity , whilst i my self am so vain as to write books ; and will pronounce me as ridiculous in this , as these philosophers were of old , who denyed motion whilst their tongues mov'd in their cheek ; to whom my return shall be , that finding many ( even of such as i know will censure me ) be-myred in the puddle of error , i have , in this essay , proffer'd them my assistance , with an intention , not to shew my strength , but my compassion . i am no such fool , as to shew these philistines the sampsons-lock wherein my strength lyes , which doubtless their cruelty would never spare . others , who , by their gravity , ( or serious dulness ) have sublimated themselves above the rabble , will possibly accuse my studies of adultery , for hugging contemplations so excentrick to my employment . but , these may know , that thir papers are but the pairings of my other studies , and because they were such , i have flung them out into the streets . neither can i understand , how it proves a lawyer to be remisse in his imployment , that he takes leisure to reach a little helebor which lyes by him , to such poor persons , as because of their phanatick melancholy stand much in need thereof . this discourse is intended to be a medicine , and such never rel●sh well nor receive commendation from their pleasantesse , but from their profit , and are not to be censured by their taste , but by their operation . there are many things in this small peece , which may seem heterodoxe to such as defie custom , and worship the dagon of authorized tradition : yet , who knows but my watch goes right , albeit it differ from the publick clock of the city ; especially where the sun of righteousness hath not , by pointing clearly the dyal of faith , declared which of the two is in the right . i acknowledge the church to be my mother ; neither will i offer to scratch out my mothers eyes when they perceive my errors : yet , i believe that a childe may differ from his mothers judgement , in things wherein her honour is not concerned : but , i will wed no opinion without her consent who is my parent ; or , if i have wedded any , it is in the power of the church and it's officials , to grant me a divorce . i submit my self and this tractat to her and their censures , and desires none to believe me or it , but in these things only wherein i believe her and them . as for others , since i have taken the liberty to write , i were unmannerly if i refused them the liberty to censure and really it pleases my humour , 〈…〉 see curres bark and snarle at wha 〈…〉 hold out to them . g. mk. the stoicks friendly addresse to the phanaticks of all sects and sorts . the mad-cap zealots of this bigot age , intending to mount heaven , elias-like , in zeals fiery chariot , do , like foolish phaeton , not only fall themselves from their flaming seat , but by their furious over-driving , invelop the ●●rld in unquenchable combustions ; 〈◊〉 when they have thus set the whole globe on a blaze , this they tearm a new light . it is remarkable in scripture , that jehu , who drove furiously , and called up the prophet to see what zeal he had for the house of god , was even at that instant , doing it more wrong then ever was done to it by unconcerned gallio , who flantingly cared for none of those things . and that none of all the apostolick conclave desired ever fire might rain from above upon mis-believers ; except the sons of zebedee , who immediatly thereafter , arrived at that pitch of vanity , as to desire to sit in heaven upon christs right and left hand . and that peter , who was the first who did draw a sword in his masters quarrel , was likewayes the first who denyed him . firy zeal blows soon up , such combustible mater as the sons of zebedee ; and that flash being spent and evaporat , a fall follows , as befell peter . as that body is hardly cureable , which entertains such ill-suited neighbours as a cold stomach and a hote liver ; so , the body of the visible church may be now concluded to be in a very distempered conditon , when it 's charity waxeth cold , and it's zeal hot , beyond what is due to either ; and these feaverish fits of unnatural zeal , wherewith the church is troubled in it's old and cold age , betokens too much that it draws near it's last period . the inconsiderableness likewayes of our differences , and inconsideratness wherewith they are persued , induces me to believe , that the zeal now a-la-mode , is not that holy fire which is kindled by a coal from the altar , but is that ign's fatuus , or wild-fire , which is but a meteor peec'd up of malignant vapours , and is observed to frequent church-yards ofter then other places . i am none of those who acknowledge no temples , besides these of their own heads . and i am of opinion , that such as think that they have a church within their own breasts , should likewayes believe , that their heads are steeples , and so should provide them with bells . i believe that there is a church-militant , which , like the ark , must lodge in it's bowels all such as are to be saved from the flood of condemnation : but , to chalk out it's bordering lines , is beyond the geography of my religion . he was infallible who compared gods spirit to the wind which bloweth where it listeth , we hear the sound of it , but knows not whence it comes , or whether it goeth . and the name graven upon the whit-stone , none knows but he who hath it . eli concluded hannah to be drunk , when she was pouring out her soul before her maker : and elias believed , that the church , in his dayes , was stinted to his own person ; and yet god told him , that there were seven thousand in israel who had not bowed their knees to baal : why then should any private christian determine , magigisterially , that , wherein the greatest of prophets erred ? the reed wherewith the temple was to be measured , rev. . . was only entrusted to an angel ; and yet he had not in commission , to measure the court that was without , because it was given to the gentiles . and albeit , rev. . the number of the iews who were saved is determined ; yet , the number of gentiles is left indefinit , and said to be numberless . there is nothing more ordinar , then for each nation to confine the church within themselves . and in that nation again , one corner will have themselves the sanctum sanctorum of that only temple ; albeit our saviour in his gospel assures us , that men shall come from all corners of the world , and sit down with abraham , isaac and jacob. and john in his revelation tells us , that multitudes of all nations , kindreds and families , were seen following the lamb. upon this same block do these likewayes stumble , who put the bolt of their uncharitableness upon the gates of heaven , to debar whole professions , such as lawyers and physitians , from entring in thereat ; notwithstanding that the abovecited place tells us , that there were only twelve thousand of the tribe of levi the priest chosen , and the like number was prickt ; in the tribe of judah , the law-giver : aaron the priest did mould the golden calf , and not moses the iudge ; and korah and dathan were levits , and yet mutined against their magistrates . i say not this to disparage that holy function : for , none shall wish aarons rod to flourish more then my self ; and ordinarily , these who love not to touch the lords anointed , will likewayes be sure , to do his prophets no harm : but , i say it to take off an aspersion which hath stain'd too long , and too injustly , these of my own profession . is not the church our common mother ? albeit , i confess , she is likewayes their nurse , in a more particular way ; and since there is heavenly mannah enough to aliment us all , why should christans de ny to admit their brethren to an equal partage ? it grieves me sore to see my mother the church tortur'd like rebecca , by carrying strugling twaines in her pained bowels . and seing all christians are but pilgrims here , i admire that these pilgrims should leave off to journey , and stand skirmishing and fighting with all such as will not travel their road . and albeit we acknowledge , that the spirit of god takes pains , and is sufficient for leading all men in the way wherein they should walk ; yet , we must compell them , as if either he needed our help , or we resolved to share with him the glory of their conversion . thus god ( who loves us all infinitly better then one any of us doth another ) leaves us , upon our own hazard , a freedom in our choice , albeit we poor miscreants compell one another , denying to our fellow-creatures that freedom which he allowes all the creation . i wish we would consider how each man eats , drinks , cares for his family and performes all common duties , rational enough without any compulsion ; and yet , in the affairs of religion , wherein doubtless man is led by a far more infallible assistance , there are many slips committed , daily and grossly , notwithstanding of all the pains taken , and force used by one man towards another . thus it fairs with us as with patients , whom when the physitians stints to a narrow dyet , then they loath even that food , which their unreined appetite would never have rejected . and this makes me apt to believe , that if laws and law-givers did not make hereticks vain , by taking too much notice of their extravagancies , the world should be no more troubled with these , then they are with the chimeras of alchimists and philosophers . and it fairs with them as with tops , which , how long they are scourged , keep foot and run pleasantly , but fall how soon they are neglected and left to themselves . in order to which , it was wittily observed by our great king james the sixth , that the puritans of his age strove with him , and yet ceded at first , in a difference between them and the shoe-makers of edinburgh : for , not only pleases it their humour to contend where they may gain honour and can loss none , but likewayes , by contesting with monarchs , they magnifie to the people their pious courage , assuring the world , that such attempts require a particular assistance from heaven ; and when their jangling hath extorted some concessions from the magistrate , ( as ordinarily it doth ) then they press that success as an infallible mark of the jure-divinoship of their quarrel . albeit , i confess , that when these , not only recede from the canonized creed of the church , but likewayes incroach upon the laws of the state , then , as of all others , they are the most dangerous ; so , of all others , they should be most severely punished . opinion , kept within it's proper bounds , is an pure act of the mind : and so it would appear , that to punish the body for that which is a guilt of the soul , is as unjust as to punish one relation for another . and this blood-thirsty zeal , which hath reigned in our age , supposes our most mercifull god to be of the same temper with these pagan deities , who desired to have their altars gored with blood ; and being devils themselves , delighted in the destruction of men : whereas the almighty , who delights not in the death of a sinner , but rather that he should repent and live , hath left no warr and upon holy record , for persecuting such as dissent from us ; but even then when he commands that the prophets , who tempts others to idolatry , should be slain , yet , speaks he nothing of punishing these who were seduced by them . and why should we shew so much violence in these things whereof we can show no certain evidence ? as ordinarily we cannot in circumfundamental debates . are we not ready to condemn to day , as phanatick , what yesterday was judged jure-divino ? and do not even those who persecuted others for their opinions , admire why they should be , upon that score , persecuted themselves ? so that ( victory depending upon event ) we legitimat the persecutions , to be used by others , against our selves , by the persecutions used by our selves , against others . our saviour forbids us to pluck up the tears , lest the wheat be pulled up with it ; and how can the most pious persecutors know , that the saints are not destroyed with the sinners ? it is remarkable , that our saviour disarmed zealous peter , even when he was serving him in person , in his greatest straits , and against the most profligat of his enemies , the iews : and that to prevent the irregular zeal even of the first and best of christians , the blessed apostles , their divine master thought it fit to arme them not with swords , but with scrips , and to root out of their hearts all thoughts of violence , did oft inculcat in them , that his kingdom was not of this world ; convinceing them by an excellent argument , that he had no need of armes or armies ; for else he could have commanded thousands of angells . did ever god command the iews to war against any neighbouring nation because they were pagans ( a quarrel which would have lasted till all the world had been conquered ) or , did our saviour leave in legacie to his servants , that they should force others to turn prosylits , which doubtlesse he had done , if he had resolved to allow such a rude mean of conversion ? all which makes me admire , why in our late troubles , men really pious , and naturally sober , could have been so transported , as to destroy whom they could not convince , and to perswade these who were convinced , that religion obliged them to destroy others . my heart bleeds when i consider how scaffolds were dyed with christian blood , and the fields covered with the carcasses of murthered christians ; and its probable , that there were more damned by unprepared deaths , in the fields , then were saved by peeping sermons in incendiary churches ; and in this , i admire the clemency of our royal master , who , albeit his cause was more just then theirs , albeit he might have convinced them by obtruding to them their own practices : yet , hath rather chosen to command with his scepter then his sword. but , if the glory of god were the mark at which these do levell , why bestow they not their zeal , rather in converting such as scarce know or acknowledge that there is a god ? and why are they more enraged against these who agree with them in most things , then these who dissent from them in all ? take not christians more pains to refute one another , then to convince gentiles ? and stand not episcopists and presbyterians at greater distance , then either do with turks and pagans ? and to evidence , that rather humour then piety occasions our differences , we may easily percieve , that the meaner the subject is , the heat is alwayes the greater . if i had ever known so much as one whose faith had been the trophy of a debate , i should allow of debates in maters of religion : but seeing men cannot be convinced by miracles , it were ridiculous to presse conversion by arguments . all the divines in europe could not press the best founded of their contraverted and polemick truths , with so much scripture , or so many miracles as our blessed saviour did his own divinity ( which is the foundation of all truths ) and yet the iews and all the world besides , slighted this infallible doctrine ; and to evidence that there is a season of grace , independent from arguments , did not many thousands turn prosylits at peters sermon ? whom all our saviours homilies and miracles could not perswade . if one should say , that the testimony of a few fisher-men should not be believed in a mater of so great consequence , as is the salvation of the whole world , especially when they did depone as witnesses , in a matter wherein both their honour and livelyhood was concerned , might not this stagger some mean christian ? and yet i believe these truths so much the more , because such as these were its first asserters ; for , certainly it is one of the greatest of miracles , that so few , and so illiterate persons were able to convince the whole world . thus we see , that one may account that a miracle which another looks upon as a folly ; and yet , none but gods spirit can decide the controversie . maters of religion and faith , resembling some curious pictures and optick prismes , which seems to change shapes and colours , according to the several stances from which the asp●cient views them . the ballance of our judgments hath ●atched such a bruise by adams fall , that scarce can we by them know the weight of any argument . but , which is worse , there is as great a defect in our partial weighing , as in the scales themselves : for , when we take either the pro or con . of any controversie into our patronage , we throw alwayes in arguments into that scale , wherein our own opinion lyes , without ever taking leisure to consider what may be alledged for the antipode proposition : and then , when we receive an answer , our invention is busied , not in pondering how much conviction it hath in it , but by what slight it may be answered ; and thus either passion , interest or frequent meditation , are still the weights which cast the ballance . this firy zeal hath likewayes made an other pimple flash out in the face of the phanatick church , and that is , a conceit that the saints have the only right to all gods creatures , the wicked being only usurpers and not masters of them : but , i have heard this opinion ( so beastly is it ) confuted by balaam's asse , who could tell it's master , am not i thine own asse ? when aaron and the people did covenant without moses , then every man did bring his ear-rings to make up the golden calf . and we have lived in an age , wherein we have seen our countrey-men , like the chaldeans , take the furniture both of the temple and of the kings house , and carry them away to their babylon of confusions ; and in an age wherein sober men were forced to lend monies , to buy for their own armes the heavy shekles of slavery , tantum religio potuit suadere malorum . religion doubtless aims at two great designes , one is like the first table , to perswade us to adore god almighty . another is to perswade us , like to the second table , to love our neighbour , and to be a mean to settle all these jealousies , and compesce all these animosities which interest might occasion ; and this appears by the doxology jubilyed by the angels at our saviours birth , glory to god , and peace and good-will towards men . and therefore , as every private christian should be tollerated by his fellow subjects , to worship god inwardly according to his conscience ; so all should conspire in that exteriour uniformity of worship , which the laws of his countrey injoins . the first remark which god made of us after the creation , was , that it was not fit for man to be alone ; there was only one ark amongst the iews by gods own appointment . and seing the gospel tearms the church christ's spouse , it were absurd to think , that he will divorce from her upon every error or escape ; especially , seing his blessed mouth hath told us , that under the gospel it is not lawfull to divorce upon all occasions ; and if he will not for these , deny her to be his spouse , much less should we deny her to be our mother . may not one , who is convinced in his judgment , that monarchy is the best of governments , live happily in venice or holland ? and that traveller were absurd , who would rather squable with these amongst whom he sojourns , then observe these rites and solemnities which are required by the laws of the places where he lives ? what is once statuted by a law , we all consent to , in choosing commissioners to represent us in these parliaments where the laws are made ; and so if they ordain us to be decimated , or to leave the nation if we conform not , we cannot say , when that law is put to execution , that we are opprest ; no more then we could complain , if one did remove us legally from these lands which he purchas'd from our trustee , whom we had impowered to sell it . as david said to saul , sam. . . why went the king out to catch a flea ? so may i say to our great divines , why contravert they about shadows ? is it fit that christians , who find it too great a task to govern their private souls , should be so much concerned how the church is governed by others ? wherefore , seing many have been saved who were most inexpert in these questions , and that foolish zeal , passion , and too much curiositie therein , hath damned many , i may conclude , that to pry in these , is neither necessary , because of the first , nor expedient , because of the last . since discretion opened my eyes , i have alwayes judg'd it necessar for a christian , to look oftner to his practice of piety , then to his confession of faith , and to fear more the crookedness of his will , then the blindness of his judgment , delighting more to walk on from grace to grace , working out the work of his own salvation with fear and trembling , then to stand still with the galileans curiously gazing up to heaven . true religion and undefiled is to visit the widow and the fatherless ; and the dittay drawn up against the damned spirits shall be , that when our saviours poor ones were hungry , they did not feed them ; when they were naked , they did not cloath them , without mentioning any thing of their unbelief in maters of controversie or government . and therefore i hope , that these to whom i address my self in this discourse , will rather believe me to be their friend , because of their piety , then their enemy , because of their errors . the virtuoso , or stoick . albeit man be but a statue of dust kneaded with tears , moved by the hid engines of his restless passions , a clod of earth , which the shortest feaver can burn to ashes , and the least shower of rheums wash away to nothing ; yet makes he as much noise in the world , as if both the globes ( these glorious twaines ) had been un-wombed from that formless chaos , by the midwifry of his wit ; he speaks thunder , looks lightning , breaths storms , and by the eloquence of his own vanity , perswads himself that his commands are able to unhinge the poles . from which boundless pride , i considently conclude , that if a natural instinct , or as the stoicks terme it , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , had not irresistably bowed his faith to assent to a deity , he had never , neither upon design nor in complyance to custom ( as atheists alledge ) suffer'd to creep into his creed , that there was one greater then himself , who could rein his affections , and bound their effects , according to the dictates of his irresistable will. and albeit regiments of arguments , levyed both from the stately fabrick of heavens arched pend , and from the inimitable embroidery of earths flowry boul , be requisite for conquering the infidelity of others , and for rendring them tributaries to that all-forming essence : yet , doth my faith render up the arms of it's depraved reason , and turn prosolyte to this divine truth , upon the sole sight of one of these dying atheists ; who , upon any surprisal , do with amazement throw up their eyes to heaven , as if they sent their looks in ambassade to beg assistance from thence ; and cry , god save me , as if these beastly souls , when attaqued unexpectedly , knew whence their health were to be expected : like to other sick brutes , who when assaulted by sickness , are , by the hand of that same storge and instinct , led to some herb or flower , which is an apothecary shop appointed by nature for them . neither think i these arguments which are twisted together of three propositions so strong as these instincts are ; where truth , like the sun , seems to dart home it's light in one unperceiveable act , whereas in these , pur-blind nature may be mistaken , not only in judging of the truth of either of the three parts , but likewise of their connexion and allyance . i know that that miscreant , who began his hell upon earth , by being burnt at tholouse for theorick atheisme , did upon his first approach to the fire , cry , o god : whereupon , being taxt by the assisting jesuit , answered , that these and such like expressions were the offspring of custom : but poor soul , he might have considered , that seing he had creept from his cradle into that error , and had run his glass to it's last sand , in propagating that hellish conceit : that therefore this expression was rather a confession then an escape , rather the product of a rational soul then of depraved custom ; for as it was in it self a divine truth , so it was in him contrary to a settled habit . there is another caball of atheists , who think that this beleef was at first ; but the quaint leger-de-main of some strongly-pated states-man ; who to over-awe the capriciousness of a giddy multitude , did forge this opinion of a rewarder of all humane actions : and to enforce this , do instance numa pompiluis , and mahomet , whose palpable cheats grew up in their successors into religions ; and whose inventions were received with as much bigotrie , by the wisest of men , as is that deity which is now the object of our adorations . wherefore ( say they ) seing the rational soul hath failed so oft , and so absurdly in its discoveries , how , or why , should we submit our selves slavishly to it's determinations ? for that which doth at some times erre , can never at any time be concluded infallible . to these i answer , that albeit , as to the particular way of worship , the world is oft times deluded . and albeit , even as to their apprehensions of this incomprehensible essence , multitudes be some times misled ; yet , these staggering fancies fix this great truth , that there is a supream who must be adored : for if this innate instinct did not coopere with these impostures , in gaining an assent no their fictitious religions and hierarchies , it were impossible for any humane authority to establish principles so remote from reason , and to subjugate by these even the mildest tempers . but i take the root from which these errors do spring , to be , that the twilight of darkned reason glimpsing to man , that impressa of the divine image , which though much decayed , yet rests still upon his soul ; and not being able , because of the faintness of his light , and the decay of that divine impressa , to discern exactly what that deity is , with whose image it is signeted ; believes implicitely with a profound respect , any who hath the confidence to obtrude any knowledge of it upon them . concluding in the conclave of their own thoughts , that none durst contemn so far , that omnipotent thunder-darter , as to vend their own fancies for sacred oracles . and albeit these hood-winked nations did erect a 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in their own hearts , wherein all these vice-gods were worshiped ; yet were all these but representations of the true god ; for his omnipotency and power was adored in their mars ; his omniscience in their appollo , &c. and it is very probable that the heathens admired so each attribute of god almighty , that they thought each deserved distinct altars ; so that their errors had their rise from rather too much then too little respect ; and that as the same ocean receives several names from the several shoars it washes , so , according to the several operations of the most high , did these deluded pagans establish several deities . but that all these did ultimatly terminat in one , is clear from the inscription of that athenian altar , to the unknown god ; from the designation of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , from their common feasts or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ; from the adjunct of delphicus given to appollo , which in greek signifies unus ; as macrobius observes , from their altars erected , disque deabusque omnibus , and from the general invocation of all the deities joyntly subjoyned to all their particular sacrifices . so that the great and all comprehending idea , wherein he is represented , as in one big mirrour to us , was by them broke in pieces , and in each of these pieces taken alone did they see a deity , though much abridged ; whereas all these pieces , when set together , did represent but one , and each piece did then shew but a part . but to evidence that our belief of a deity is not a state and traditionall imposture , i would willingly know if ever the skilfullest of sathans emissaries was able to induce the world to believe that there was no god ; which ( doubtless ) might have at some occasions contributed much to some mens politick designs , and which that rebell would have attempted , if either god had not restrained him , or himself had not known it imprestable . and it is most remarkable , that the first promoters of that divine doctrine were persons , who , both by precept and practice , decryed ambition and declined state imployments ; and so it were absurd to think that they invented these in subordination to state projects . there is also much force in that argument , wherein from the nature of prophesying , is concluded the being of a god : for , to foresee , is doubtless a way of seeing , far above the reach of humane nature ; man not being able to conclude but that , what is possible upon both parts , may come to pass upon either of its parts . and hence it was , that the heathens themselves termed this prediction divination , as if it could not be but divine . as also , if there were not a god , but that this were a fiction , it would follow , that errour and delusion ( such as this ex hypothesi ) were able , and actually did , of all other things , frame a man's soul most to virtue : and that the best of men ( such as are the adorers of a deity ) were both the greatest cheats and block-heads . all which , are absurdities to be hiss'd at by all who are masters of the meanest portion of humane reason . there lurketh much curious contemplation in pondering , how that albeit the parents of all heathnish religions , have been incomparably the chiefest witts in their times ; for else they could not have impress'd the spirits of their disciples with such abstract principles ; yet , all their models , seem repugnant to common reason : and they have chois'd to teach principles which seem ridiculous . thus the fictions related by the poets of their gods , the rites used by the romans , and the fopperies of the alcoran , are absurdities unworthy of a rational belief , if man were not acted by an innate principle , to place the mysteries of religion above his reason . by which we see , that the imputation cast upon the scriptures of their contrariety to reason , chocks likewayes the principles of all nations : and certainly , if there were nothing revealed to us in religion , but what the short line of our reason might fadom , the omnipotency of god , and the weakness of our own reason , should remain still unknown : and seing our reason is only suitable to our nature , certainly if that infinit essence and it's mysteries might be comprehended by that same reason , which measureth things finit , we might conclude god to be finit likewayes ; and is it not impudence in us who know not the ebbing and flowing of the sea , nor the reason why the adamant draweth the iron , to repine because we cannot comprehend the essence of god almighty ? and then vainly to conclude , that because we cannot grasp within the short armes of our understanding , the vast bulk of the deity , that there is no deity ? a conclusion as absurd , as if one should say , that when the nimble wings of an arrow transport it above our sight , it did leave off to be , when it left off to be perceived . and i am of opinion , that mysteriousness suits rarely well with divine truths , the finest things using alwayes to be best wrapt up : thus if we listen to our hid inclinations , we will find a pleasing veneration in reserved silence ; and our curiosity will swiftly follow , what by it's retiredness fleeth from us : silent groves whose bush-top trees lay their heads together , as in a conspiracy to resist the sun's entry , and powder its light with sables , creat's a veneration in us . and as the heathens did choise groves , so did the primitive christians light their devotions with torches and candles , intimating thereby that umbrag'd silence was an excellent shryn for sincere devotions ; and in this sense , it may be , the word of god is said to be a lantern to our steps , and the seven churches are compared to seven candlsticks . did not our saviour teach his disciples in parables ? and was not the ark vailed from the eyes of the people ? the pagans dispensed their divinity in hieroglyphicks ; and amongst humane writers , the most mysterious carry still the lawrels : and why should we vainly wish to comprehend the nature of the deity , seing moses , god's intimate , and minion , could not have that allowance ? and god himself , when for our necessary instruction he would discover something of himself to us , is forced per 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , ( as divines speak ) to discover himself in a stile borrowed from humane frailty , and to express his infinit affections by our disordered passions . i believe , that socrates , natur's greatest disciple , and the deity 's protomartyr , was a prosolyt of the same faith , which we profess , and had his large soul illuminated by that sun of righteousness , whose refulgent rayes are now the bright torches of the christian church . neither is my belief in this staggered by the silence of his co-temporary writers , as to this particular : seing these , not being of the same perswasion with him , but being convinced of his moral worth , did descrive his opinions suitably to their own apprehension . thus did these pagan historians admire the great saviour of mankind , only for his morall accomplishments , without reaching these divine principles , by which he was acted . the stoicks likewayes were in all probability , a tribe of iohn baptist's , and god having resolved to purge the universe of its original unrighteousness by that blessed manna which came down from heaven to give life to the world , did by their doctrine of abstemiousness , as by a spare dyet , prepare its body for receiving that divine dose . and certainly , if men had disbanded that execrable troup of lusts , against which these preached , and had listned ( as the stoicks book of discipline injoyned ) to their own private consciences , and had by retiredness abstracted themselves from the reach of temptations , it had facilitated much their conversion : for if the young lawyer , who came to consult christ how to draw up his securities of heaven , and of his portion there , had believed their oracle , which decry'd riches as the unnecessary baggadge of man's life , and the mudd which clog'd the wings of the souls contemplation , and kept it from soaring its natural pitch , he had never refuised our saviour's yoke , because he was commanded to sell all and to give it to the poor . thus likewayes if the rich glutton had dyeted himself according to the scant prescript of their allowance , his scoarched tongue had not stood in need of a drop of watter to allay it's thirst . neither had nicodemus needed to have mantled himself in the darkness of the night , when he came to our saviour , out of fear , lest he should have been discovered ; seing their doctrine might have taught him , that fear was a passion , unworthy to be lodged in the soul of man : and that there is nothing here , which a man either should , or needeth to fear . but albeit neither instinct nor faith , were able to convince us infallibly of this truth ; yet is it both more satisfying , and more safe to embrace this opinion , then its contrary . more satisfying , because man's summum bonum here , being lodged in the tranquillity of his spirit ; that which can best plaine and smooth the rugged and uneven face of his frequent and inevitable misfortunes , must be doubtless the most carressable of opinions : wherefore , seing nothing can strengthen so much man's frailty , nothing check so soon his dispair , nothing feed so much his hope , nor animate so much his courage , as to believe that there is a god , who beareth the heaviest end of all our crosses upon the shoulders of his love ; who is able to turn , or arrest the giddie wheel of fortune by the strong hand of his omnipotency ; and who twisteth lawrels of inimaginable joyes for the heads of these who fight under his banners . if a man leaned not his weary soul upon this divine rest , he were not only an enemy to nature , but even to his own happiness . what rocks of danger could men escape , if blind-fortune did sit at the helme , and if vertuous persons complain , as affairs are presently stated ? that their merites are not weighed with indifferency enough in the scales of justice , what might be expected , if hazard got the ballance to mannage ? and these who leave their native countries , when they perceive that the law beginneth to render its oracles in an unconstant stile , and with a trembling voice , behooved to leave the world , if this anarchy were by atheisme established ? for as a wise stoick well observed , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . it were impossible to live in a world , void of god and void of providence . it is likewayes most safe ; for if there be a deity , doubtless these obdured atheists , whose obstinacy hath conjured their consciences to a constrain'd silence , and brybed these infallible witnesses , to depone what suited best with their wild resolutions , or rather neglected resolutly their sincere depositions : then certainly , the just flames of that god's indignation , whom they have disclaimed , will heat for them a furnace in hell , beyond what the other damned spirits shall meet with in their torture . whereas albeit there be no tribunall , from which such a thunder-bolt sentence may be darted , nor no supreme judge by whom our actions shall be canvass'd , then these who have paid their adorations at his altars , shall be in no danger . wherefore , seing it should be the task of a virtuoso , to turn out all such thoughts as may raise a mutiny in his breast ; it were a foolish toy in him to entertain atheisme , which is a nurcery of disquietness : for whose breast could enjoy a calme whilst a concernment of so much weight , as his externall portion , did hing from the weak threed of a mere may be , and of such a may be , as marches so near with a will not be ? but if ye would know , what disquieting vapours atheisme sends up to the brain , when it is once drunk in : go to the horrour creating beds of a dying atheist , whose roaring voice , might awake the most lethargick conscience that ever the devil iull'd a sleep . there ye shall know by the urinal of his eyes , and the water standing therein , what convulsion-fits his soul suffers ; and shall learn from his own mouth , how grievously his diseased soul is streatched upon the rack of despair : then it is , that the voluminous registers of his conscience , which did ly formerly clasp'd in some unsearcht corner of his memory , are laid open before him , and the devil who hitherto gave him the lessening end of the prospect , to survey his sins in , turns now its magnifying end to his fearfull eye . it should be then the grand design of a philosopher , to order his own breast aright , before he go abroad to view the works of the creation ; least if he leave its door unbolted , the devil steal from him his richest jewel , whilest he sweats to enrich his contemplation with what is of far less consequence . it is no wild fancy to think , that atheisme hath been the product of superstition : for certainly , many who were by humour gallio's , finding that religion exacted from men such inhumane homage to its recognizance , as was the sacrificing children amongst the heathens , wearying pilgrimages , and hectick lents amongst christians , did resolve rather to deny than to adore such deities . thus lucretius revolted upon agamemnon's sacrificing his daughter iphigenia for the grecian safety , crying out , tantum religio potuit suadere malorum . and thus petronius ▪ arbiter a monck of the same cell , says that , primus in orbe deos timor fecit , fulmina coelo cum caderent — and to prevent this , our saviour doth oft inculcat , that his yoke is easie and his burden is light . and doubtless , as the straightest line is alwayes the shortest ; so the most rational designes are alwayes easilyest effectuated ; and as seneca hath excellently observed , licet deus non esset , tamen non peccarem ob peccati vilitatem . there is something of meanness in the gallantest , and most alluring sin . and this is most energetically exprest in scripture , whilst it is said that the wicked weary themseles by their sins . a principle , which not only the magisterial authority of god's spirit , but our experience likewayes places above the reach of all scruples : for are not the inquietuds , the cheats , and palliated parricids , and sacriledges brooded by ambition , the churlishness and close-handedness parented by avarice , effects unworthy to be father'd upon any rational soul ; and at which we should scarlet our cheeks with blushes , as well as ●npale them through fear , and should stand as much in awe of our consciences , as most do of a deity ? yet , it may be we are in a mistake , whilst we place superstition in the excess of such adorations , as are either commanded or indifferent : for seing the object of our adorations , god almighty , is in himself infinit , we can never exceed either in our respects to him , or in the expression of them . excess being only admissible , where the object is finit , and where we attribute mor then is due , which can never be here . thus if kneeling be lawfull at any occasion , i hardly see why it is not lawfull to kneel at all occasions . and if these exteriour rites and ceremonies ( some whereof are allow'd in all churches ) be judged requisit , for expressing our vassalage and subordination to god our maker , either they are altogether unwarrantable , or else we should proportion them ( as far as in us lyes ) to that infinit object . and seing the angels are said to cover their faces with their wings before him , the patriarchs to fall upon their face and worship ; and our adorable saviour , in that conflict wherein he represented sinfull man , is by matthew remark'd to have fall'n upon his face , by mark to have fall'n upon the ground , and by luke to have kneel'd . what is crawling man , that he should account such gestures fond superstition ? it would appear then , that superstition consists in man's worshiping god by meanes unlawfull , such as are children-sacrifices , and such like , whereby his divine attributes are mis-represented , and tainted with cruelty , or tyrannie , and not in an excess , in such expressions of our respect as are in themselves lawfull . and if there be any strength in that argument , wherein we inforce the being of god , from the harmonious consent and assent of all nations : certainly , by that same argument , we may establish the decency , if not the necessity , of ceremonies . for , what nation bowes to altars , without profound and external submissions ? and , who lodges upon the surface of our globe , who payes not as the reddendo of their charter to these gods whom they worship , ceremonial adorations , wrapt up in most submissive rites ? that god made all things for his glory , is an expression , which ( i think ) looks not well at the test of reason , and hath no warrand but unwary custome : for beyond all question , his glory was so brim-full formerly , that it neither needed , nor could recieve any considerable accession from this small drop . and besids this , the innate apprehension we have of doing any thing for one's glory , dyes this expression with some guilt ; yet , i confess , we may warrantably say , that when perverse man calls his power in question , or controverts his being only wise ; that then , god for our instruction , and the vindication of his own glorious attributes , doth many things for his own glory . and in this sense , the scripture saith , that god will punish the wicked , and deliver his people , for his own glory . and wherever it is said , that god doth , or createh any thing , for his own glory , it is doubtless in this sense ; in which man ( who is made after his image ) may act for his own glory without any vanity ; albeit to act for his own glory in the first sense , were in him criminal . it is then more probable , that god being infinitly good , and all good being sui communicativum , that his design in creating the world , was to communicate and display his goodness : and upon this base probably hath aristotle reared up his errour , of the worlds existency from all eternity : for , seing god was ab aeterno infinitly good , and that good is still communicative : he did ( it may be ) conclude , that ab aeterno , god did communicate his goodness : which could only be to creatures . and therefore it was necessar that there should have been a world : and some philosophers have aver'd , that the world flowed from god per emanationem , ab aeterno , as beames are lanced out from the body of the sun. albeit i be none of aristotle's partisans , nor holds my philosophy of him as my superior ; yet i cannot but think , that god hath communicated his goodness to worlds prior to ours , which is but of years standing . but i am not so arrogant as to determine the time of the first worlds birth , nor how many cadets it hath had , resolving to leave its date , blank , to be fill'd up by some arrogant pretender . neither should i accuse mine own thoughts of heresie , for concluding , that probably there are presently thousands of worlds co-existing with ours , whereof some , it may be , are governed by maximes . if not contrair , yet at least differnt from these which are our canons . all which worlds , albeit they were actually subsisting , would ly in the bosome of the large imaginarie spaces , but like so many small balls in the corner of a large tennis-court . i shall not for confirming this opinion , cite , with an ignorant french curate , the parable of the lepers , where it is said , nonne sunt decem mundi ? because i know that it was wittily answered , sed ubi sunt reliqui novem ? that eternity is all present , and that in it , there is neither preterit , nor future , is but a conceit , and a needless mysterie imposed upon our belief , which is really more mysterious then the trinity ; who knows but it is founded upon an expression in cicero , wherein eternity is call'd aeternum instans ? for how then can it be said , that god was before the world ? for was is preterit , and before the world there was , as themselves alledge , no time ; and so there was a was in eternity . is not god call'd by himself alpha and omega , first and last , the one whereof is preterite and the other future ? and it is said , rev. . . o glorious god , who art , and wast , and shalt be . and if it be answered , that this is only fitted to our capacities ; certainly , that is all is craved : for , doubtlesse there is no such reall thing , as these three measures of time , even in things finit and created ; for they ow their being only to our conceit , as well in the one as in the other . and when god descriv'd himself by his name jah i am , it was not mean't , that no measure of time could be attributed to him , but the present ; but rather , that what he was , was to man incomprehensible . and that all we could know of him , was that he existed ; and by that expression , that all things to him are present , was mean't , that by his knowledge intuitive , ( as divines terme it ) he comprehends all things which were to be , as if they were really present ; and this is spoke , not of his being , but of his knowledge . neither can it be concluded that if was or shall be , may be attributed to god , then he must be mutable , and that was , denotats mutation ; for as i said formerly , these are but termes , not really existing , and so cannot import any real mutation . how god imployes his uncontrolable scepter , after what fashion he governs this lower world , and in what characters he writs his eternal decrees , hath been the arrogant study of some mad-cap pedants , who talk as magisterially of his decrees , as if they were of his cabinet councel . and albeit to deterre such bold intruders , he destroyed thousands of his ancient people , because they look'd into his ark ; yet , such is the petulancie of some latter witts , that they must needs look in to his unsearchable bosome , and there marishall all his decrees , and conceit they understand his way of working ; and thus in disputing of objects , infinitly removed by their obstruseness from their sense , they shew themselves more ridiculous , then these who would dispute concerning the qualities of an object , before it come so near , as that they may know of what species it is : for seing it is a maxime , that there is nothing in our understanding , which hath not past to it thorow our senses , and that the things of god are immaterial , and so fall not under the cognizance of our senses ; it must be folly to think , that any humane scrutinie can find out mysteries that are so unsearchable , except they be imparted to them by immediat revelation ; a kind of correspondence which i concieve few now a dayes holds with heaven . yet , i confess , it is as hard to confute their fictions , as it is impossible for them to come by the knowledge of them . but as this study is unattainable , so it is unprofitable for seeing god's art of governing the world , and his decrees of saveing or damning its citizens is a trade we shall never be able to practise , why should we have such an itch to understand it ? it should be enough to us , to be saved , albeit we know not how , or by what manner of decrees ; except we be of the same mettal with that foolish patient , who would not be cured , because the physician would not shew him how the cure was to be composed , and what were its ingredients . and is it not the zenith and top-branch of madness for us to pry into go'ds unsearchable decrees , who know not how our neighbour's calf is formed in its dames belly ? it was a narrow omnipotency , which some mean spirit'd heathens allowed their iupiter , when they conceited that he wanted leasure to dispose of trifles . non licet exiguis rebus adesse jovi . for if the twinkling of an eye , were not time sufficient for god to dispose upon all the affairs of this world , then there might be a greater power then his ; and the power to dispose so suddainly , were wanting to his omnipotency , and so he were not infinit , and consequently no god. neither was the rodomontade of alphonsus , king of portugal , more pious then this ; when he alleadged that if god had made use of his advice in framing the world , he had helped many things in it , which he now could justly taxe of errour . these two extremes , are the two poles , whereon the globe of atheisme turns it self ; some , out of an impious humility , complementing god out of his authority , by denying that he disposes of the meaner size of business , and others detracting from his providence , in attributing his operations to chance and fate , or branding them with injustice or imprudence . there are among school-men two opinions which dispute victory with ( almost ) equal forces . the one whereof , will have god the sole agent , and to make use of secundary causes , only , as of ciphers , these say that it is not fire which burns , but that god burns ad praesentiam ignis ; nor water which cools , but that god cools ad praesentiam aquae : which is , in my opinion , the same thing as to say , that god jugl'd with man ; and as charmers do , presented ingredients , but wrought by hid means . in too near an affinity with this , is the doctrine of predestination as some teach it , wherein they will have man to play the mere spectator in his own salvation : and albeit there be a free and full tender of mercy made to lost man , yet will not allow him any power to embrace or reject it ; judging this one of the necessary appanages of god's omnipotency , that he doth save or condemn ex mero beneplacito , never considering , that the question is not , what god can do , but what he doth : and that it derogats nothing from his omnipotency , that he will not damn poor sinners , who according to their doctrine cannot be blamed for their obstinacy ; because it was never free to them to do otherwise : and how ( i pray you ) could the sluggard in the parable , have been punished , for not improving his talent , and laying it up in a napkin , i● god had by his decree cast an insolvable knot upon that napkin , wherein it was laid up ? the other opinion , will have secundary causes the sole agents ; and teaches , that god in the first moulding of each creature , did dote it with innate qualities , sufficient to act every thing requisit for its subsistence ; but in sign of its subjection to its maker , reserved to himself , as his prerogative royal , a power to bend and bow these inclinations upon extraordinary occasions , for the good of the universe , or when his infallible omni-prudence should think expedient . thus , when that alleyeing eye of the world , the sun , was first turn'd off the frame , it had in commission to sow its influences over the world without any retardment ; yet was its motion arrested , and turn'd back by an extraordinar warrand in the dayes of ioshua and zedekiah . thus they make the creatures resemble a watch , which after it is once compleated , goes by its own springs and wheels , without the artist's continual assistance . yet , when either its motion becomes irregular , or when the owner finds it fit , it is unpeec'd , or hath its index put forward or backward at his pleasure . and this last , seems to suit best with the principles , both of christianity and stoicisme . with christianity , because it gives a check to presumption , and suffers not man to think himself the sole arbiter of his own condition ; because god can easily quash these babylon-like fancies , which his topless ambition is still a building ; and to his despair , because a lift from the strong arme of providence , may heave him up above all his difficulties . this corresponds best likewayes with stoicisme , because it pulls the hands of a sluggard from his bosome and setts them awork to prepare for himself , and not to repose his unreasonable hopes upon divine providence ; which only keeps these from sinking , who endeavour to swimme . this likewayes takes from man , all excuse of sining , not suffering him to lay over his vitiousness upon providence , a shift too ordinar amongst such , as misunderstand the tashless doctrine of the reformed churches . this opinion makes us likewayes understand , what the heathens meant by fortune , which they termed giddie ; what the stoicks meant by fate , which they confessed to be irresistable ; and in what sense philosophers concluded , that each man could hammer out his own fortune . as to the pagan's fortune , it cannot be thought , that seing it was by themselves confess'd to be blind , that they could trust it with the reines of the admirably manag'd world . and seing they confess'd , that it was alwayes stagering and unconstant , it cannot be thought that they could ascrive to it , all these curious and just events , which they themselves admired hourly . wherefore it is probable , that the philosophers , having through the prospect of nature , and by an uninterrupted experience , observed , that man ( who acted from a freedom of spirit unrestrained , either by providence or starr-influences as to his ordinar operations ) was of a volatile and capricious humour ; therefore they concluded , that the state of humane affairs , which was framed and unframed at his ill-fixt pleasure , behoved necessarily to be most subject to changes . and that seing the victories of cesar , depended upon the inclinations of his souldiers , who by abandoning him , would fetch his prosperity away with them : they had reason therefore to terme his fortune frail and exposed to hazard . thus the advancement of the restless courtier is uncertain , because it hings from the humor of his prince , whose spirit hath some allay of unconstancy , as well as hath that of the fearfull subject , who trembls under his scepter . and thus the oyl-consuming student , can promise himself no applause , because the paralytick hand of the multitudes fancies , holds the scales wherein his abilities are weighed . in fine , fortune was nothing to these ancients , but the unbodyed freedom of man's will , considered abstractly from all particular persons and the innate qualities of all other creatures , ( which , because they are mortal , must therefore be changable ) then which nothing is more inconstant , nothing more blind . the other branch of divine providence , which consists in the supreme authority , whereby god makes all humane inclinations run sometime against the byasse of their specifick nature , was by them termed fate . and this in their mythologie they fabled to be an adamant chain , which they fastned to the foot of iupiter's chair , meaning by its adamantine nature , that it was hard to be brok like the adamant ; and by fastning it to iupiter's chair , that it was the product of the almighty's power . thus fortune and fate , were to them but the right and left hands of christian providence . these embodyed angels , the stoicks , finding that fortunes megrim could not be cured , nor fates decrees rescinded , and yet resolving , in spight of all external accidents , to secure to themselves a calmness of spirit ; did place their happiness in the contempt of all these follies , whose blossomes fortune could not blast , and sought for happiness in an acquiescence to all which providence did unalterably decree ; so that neither fortune nor fate could stand in the way of their happiness , because they slighted the one , and submitted to the other . and in this sense , each man in their schools , was admitted to be master-of-work to his own fortune : and that without disparaging the omnipotent power of the great fortune-maker , in submission to whom their happiness was plac'd . albeit the knowledge and acknowledgment of a god , be the basis of true stoicisme , and a firmer one then any the heathens could pretend to ; yet , that knowledge of him , which by the curiosity of school-men and the bigotrie of tub-preachers , as now formed in a body of divinity , is of all others the least necessary and the most dangerous . and whereas we did see god but in a glass formerly , that glass is now so misted and soyl'd by each pedant's flegmatick breath , that it is hard to see him at all , but impossible to see him there . and to extend a little that mysterious analogy ; we are said to behold god here , as in a glass , and as objects are best percieved in the smoothest mirrors ; so the plainest descriptions of him , are still the truest : for when he is seen by atheists in the globe-glass of their infidelity , he appears less then really he is , when beheld by the pagans in the multiplying glass of paganisme , he appears many ; and when he is look't upon in the magnifying glass of superstition , though he appear but one , yet he is misrepresented , because he is represented , as more terrible then he desires to appear : and ordinarily the better cut glasses are , and the more artificiall , the worse the face is by them represented . that first curse which did sowe all the world with briers and thorns , did , of all other things , fall most heavily upon the soul of man. which because it was chief in the transgression , ought in reason to have been most tortured in the punishment . and now his disquieted spirit , is daily pierc'd with the prickles of thornie disputes and debates : which , as like briers , they produce no fruit fit for alimenting that noble half of man , which is his rational soul ; so do they , like thorns , pierce his tender conscience , and to screw his torments to their highest pinn ; the thoughts of god , and of settlment in him , which like balme should cure these sores , is become that hemlock , which occasions his distractions , and poysons his meditations . for , albeit the heroes of the primitive church , did give milk in abundance to infant-christians ; yet , many of their successors , have mixt it so with the tart vinegar of contention , that that milk beginns now to crudle , and so is become loathsome to the appetite of tender believers . for , most of church-men , being idle , and concieving , that if they taught only the holy scriptures , their vocation might by laicks be undervalued as easy ; and that they would be denyed that applause , which was due to quaintnesse of wit , especially in a setled church , wherein church-men could not draw reverence from the people , by oracles , as did the heathen priests ; nor by prophecies and miracles , as did the servants of the most high , under the old and new testaments . did therefore , according to their private inclinations , frame each to himself a new kind of divinity . the more pragmatick sort , and these whose humour was edged with choler , invented polemick or controverted divinity . and so by an intestine and civil war of opinions ▪ raised within the bowels of religion ; did waste and pillage that holy canaan , which formerly slowed with the milk of sincere doctrine , and the honey of divine consolations . and then , that precious blood , which formerly purpled only pagan-scaffolds , dyed now the swords of fellow-believers : who , to propagate their private judgment , buried churches under their rubbish , fed the birds of heaven with the carcases of pious and reverend church-men ; and by the mad hands of bigott opiniastrity , brok to pieces all the sacred bonds of natural and civil duties : and thus they raised the devil of contention , whom they could not lay again ; and made this itch of disputing , turn the scab of the church . others again , in whose brains sullen melancholy , form'd phantomes and ideas , invented scolastick theology ; and these , in abstract cells , erected a mint-house for coyning the dross of their own contemplations , into wonderfull bombast notions : and to make them go current , in the suffering church , gave them the impressa of theology . a third sort , not able to soare their pitch in the sky of invention , resolved to set up a correspondence with heaven : and this they called enthusiastick , or inspired , theology . and their cabbins were post-houses , where one might know what was resolved lately in the conclave of heaven , whether the king or parliament was to wear the lawrels , and what should be the issue of our pious rebellions . these could likewise cast the horoscop of your salvation ; and invented a species of physiognomy , whereby they could tell if the marks of grace dwelt upon a face , and if one had the traicts of an elect child of god. after this fashion did they prophesie their own fancies , and call that providence only which made for them . there wants not some likewayes , who , out of a well meaning desire , to make the lamp of truth darte its rayes with the clearer splendor , snuff it so nearly , that they extinguish it quyt : and leavs us nothing but the stink of its snuff ; like some curious physicians , who purge so frequently , that they destroy the body entrusted to their cure . we in this island have met with some of these charletans , who , i am confident , purged oftner both church and state , then luke , the beloved physician , would have prescrived , if we had had the good fortune to have been his patients . the talest witt is not able to reach heaven , albeit ( i know ) many disjoint their witts in stretching them too high in the inquiry of its mysteries . neither impute i our short-coming in the knowledge of these mysteries , solly to their obstrusness ; but , i believe , our meditations are more clouded in relation to these , then really they need to be , because of their innate frailty : for we see , that some who are masters of much reason in things humane , betray much solly in their devotions : wherefore ▪ i am induced to believe , that it fares with the soul in this , as usually it doth with the body , whose pulls are proportionally the weaker , as the thing grasp'd-after is plac'd above its true reach . and so these arrogant pretenders pull but faintly , because they raise their meditations too high on their tip-toes : whereby they are disabl'd from imploying all their naturall vigour , in pulling at these weighty and sublime truths , which they catch , not by that corner which is nearest , as meanner witts do , ( and so are more successfull ) but endeavour a fetch at what in divinity is highest , by which effort , their endeavours are fainter , then these whose spirit is of a lesser size . and these colossus witts , become the greatest hereticks , as these ordinarily are most burnt , whose fingers oftest stir up fires , and as chirurgians have moe cuts and wounds , then any other mechanicks , who handle not so oft these wounding tools . it is not fit that mortal man should wrestle too much with these mysteries , least his reason , like iacob , be forc'd to come off , halting . nothing hath more busied my thoughts , then to find a reason why the heathens , who were as assiduous and zealous too in the worship of their gods , as we christians , did never frequent sermons , nor knew no such part of divine service ; whereof ( probably ) the reason was because their governors ( whose commands amongst them were the sole jure-divinoship of all ecclesiastick rites ) feared , that church-men , if they had been licenc'd to harangue to the people , would have influenc'd too much that gross body : which was the reason likewayes , why in the primitive church ( as one of their historians observes ) ex formula populo praedicabant , tantum antiquitas timebat 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . they preached only approved sermons , so much did antiquity fear these leaders of the people , a practice , as is reported , lately renewed by the duke of russia : and this seemeth also to have been the reason , why all liturgies have prick't texts for their preachers , lest if they had been left a freedom in their choice , they had chose such as might , in the letter , have suited best with such seditious libels as are now obtruded upon the people , in lieu of pious homilies , at remarkable or festival occasions . yet , i think , that our late doctors , who can find all doctrine in any text , would easily have eluded that canonick designe . if we should parallel the homilies , which these renowned fathers have left , as legacies , to posterity , with these which our age runs after , we would find , that the first were pointed lessons of mortification ; which , like moses rod , could draw gushes of tears from the rocky hearts of the most obdured sinners ; whereas many of these last are but state-gazets , wherein the people are informed , what are the resolves of the civil magistrate : and whereas their first institution made them ambassadors of glad-tydings betwixt god and his people , they have made themselves heraulds , to denounce warres betwixt god's vice-gerent and his subjects . thus , peter's successors will oft times , like himself , rather draw the sword then watch for their master . and since our saviour hath disarmed them , as he did peter , and filled their hands with the keyes , these who offend them are sure to get over the head with these . i confesse , god hath not left his church without some skilfull pilots , to lead in his servants , with security , to the harbour of salvation : to whom this discourse and it's author shall pay all respects . most of all churches do , like coy maids , lace their bodies so strait , that they bring on them a consumption ; and will have the gates of heaven to have been only made for themselves : and as this nigardliness hath possest churches , so from that root hath stem'd the churlishness of some private christians , who will allow god but a most inconsiderable number of these whom he hath admitted to make up his visible church . thus , some pastors will only admit two or three to be guests at the lord's table , allowing no wedding garment , but what is of their own spinning : and others , with their uncharitable hands , blut the names of all their acquaintances out of the books of life , as if they were keepers of his registers and rolls ; and will only have seats kept in the church , triumphant , for three or four sisters , who are so srugal of their devotions , as to spare them at home , to the end , they may be liberal in publick . but both these should consider , that the new ierusalem is said to have moe gates then one ; that iohn in his revelation tells us , that numberless numbers were seen following the lamb ; and that it is not probable , that the wise framer of the world made such a spacious dwelling as heaven , to be inhabited by so inconsiderable a number : whereas hell ( in the geography of believed tradition ) is only the small kernel of this small shell the earth . i know , that many are called and few chosen ; and that the way is strait , and few enter in at it : but we should consider , that these chosen , are said to be few , in respect only of these many who are called . which is most certain ; for ten parts of eleven are pagans or mahumetans , ( and all are called ) of that elevnth part , many are malitious hereticks ; and amongst the residue many are flagitious and publick sinners ; so that albeit the greatest part of the regular members of the visible church were sav'd , yet the number would be small in comparison of these others : the body of the visible church , must ( like all other bodies ) be compounded of contrary elements . and albeit i am not of opinion , that this body should be suffer'd to swell with humours , yet i would not wish , that it should be macerated with purgations . it 's nails ( though but excrementitious parts ) should not be so nearly pair'd , as that the body may bleed ; yet , they should be so pared , as that christians may not scratch one another . they should feed , not upon blood , but milk : and they are unmannerly guests , who will not suffer others to sit at their masters table with them . it pleases my humour to contemplat , how , that albeit all religions war against one another ; yet , are all of them governed by the same principles , and even by these principles , in effect , which they seem to abominat . thus , albeit the cessation of miracles be cryed down by many , yet , do the most bigot relate , what miracles have been wrought by the founders of their hierarchies , and what prophesies they have oraculously pronounced . and seing all confess , that god , in our dayes , breaks the prosperous upon the same wheel , on whose top they did but lately triumph ; making fortune adopt the opprest in their vice ; why should we talk so much of the ceasing of miracles ? for , doubtless , these effects are in policy , as contrair to nature , as are the swimming of iron , or sweetning of rivers ; or rather more : seing in the first , mans will is forc'd ( without which , such revolutions could not be effectuated ) whereas in the last , dull and sensual qualities are only wrested : which , as they are not so excellent , so , doubtless , are not able to make such resistance as the soul of man : yea , i should rather think , that the world being become old , must , doubtless , be more dim-sighted ( as all old things are ) then formerly ; and therefore , god doth now present greater objects of admiration to our eyes then he did formerly : for , man is become so atheisticall , that if god did not presse his meditations with such infallible testimonies of the being of an irresistable power , he would , doubtless , shake of all resolutions of submitting . thus , we see that in all the tract of iohn's revelations , miracles grow still more frequent , the nearer the world draweth to it's grave ; and , like all other bodies , the weaker it becomes , the more subject it is to all alterations , and the less is nature able to resist . and it would appear , that if miracles were requisit at first , for the establishment of religion , even when no older religion was to cede to it , and to make an exit at it's entry ; much more , should miracles be necessar , for fixing any religion against the received constitutions of a previously settled church . but to prosecute my first design , it is remarkable , that albeit infallibility be not by all , conceded to any militant church ; yet , it is assumed by all : neither is there any church under the sun , which would not fix the name of heretick , and account him ( almost ) reprobat , who would refuse to acknowledge the least rational of their principles : and thus these church-men pull up the ladders from the reach of others , after they have by them scal'd the walls of preferment themselves . that church-men should immerse themselves in things civil , is thought excentrick to their sphere , even in ordine ad spiritualia : and yet , even the capuchins , who are the greatest pretenders to abstract christianity and mortification , do , of all others , dipth most in things civil . the phanaticks enveigh against presbyterian gowns . the presbyterian tears the episcopal lawn sleeves , and thinks them the whore of babel's shirt . the episcopist slouts at the popish robes , as the livery of the beast . the antinomian emancipats his disciples from all obedience to the law. the protestant enjoyn good works , and such are commanded , but place no merit in them . the roman-catholick thinks he merits in his obedience . the phanatick believs the lords supper but a ceremony , though taken with very little outward respect . the presbyterian allowes it , but will not kneel . the episcopist kneels , but will not adore it . the catholick mixeth adoration with his kneeling . and thus , most of all religions are made up of the same elements , albeit their asymbolick qualities predomine in some more then in others . and if that maxime hold , that majus & minus non variant speciem , we may pronounce all of them to be one religion . the church , like the river nilus , can hardly condescend where it's head lyes ; and as all condescend that the church is a multitude of christians , so joyn all their opinions , and you shall find that they will have it to have , like the multitude , many heads . but in this ( as in all articles , not absolutely necessar for being saved ) i make the laws of my countrey to be my creed : and that a clear decision herein is not absolutely necessar for salvation , is clear from this , that many poor clowns shall be saved , whose conscience is not able to teach their judgments how to decide this controversie , wherein so many heads have been confounded , so many have been lost , and so many have been shrewdly knockt against one another ; from which flinty collisions , much fire , but little light , hath ever burst forth . god , by his omniscience , foreseeing , that it was too dazleing a sight for the pur-blind eyes of man's soul , to behold him invironed with the rayes of divine majesty , did bestow upon us , three mirrours , wherein we might contemplat him ( as we use to look upon the sun in a tub of water , not daring eye his native splendor ) the one was the mirrour of the law , the second is the works of the creation , and the third is the soul of man , which he himself hath told us is framed after his own glorious image . as for the first mirrour , the law ; god knowing that instinct , or as we terme it , a natural conscience , were compleat digests of all that man was to observe ▪ he did make that mirrour very little , a volumne of only two pages ; but that mirrour is , of late , so mullered about , by marginal notes and commentars , that the mirrour it self is almost over-spread by them ; and it is very observable , that in the holy registers , the law is still abridged , but we never see it enlarg'd : for , albeit the fundamental laws of both tables were packed up in narrow bounds , yet our saviour sums them in these two , fear the lord thy god with all thy heart , and , love thy neighbour as thy self . and the apostle paul , in his divine epistles , professes , that he desires to know only christ , and him crucified : so , that i am confident , that if our saviour were to preach in person , once more to the world , he would enveigh against our casuists , as much as he did against the jewish talmudists ; for , the one as well as the other , are equally guilty of burdening the shoulders of weak christians , with the unnecessary trash of humane inventions . for , i remember to have seen a late casuist , dispute contentiously amongst his other cases , whither tobacco , taken in the morning , did break a commanded fast or not ? to which , after a feaverish conflict , his wisdom , forsooth , returns this oraculous answer ; that if tobacco be taken at the nose , it breaks not the fast , but if it be taken at the mouth , then it breaks the fast . which , because i made a collasterion betwixt the casuists and the talmudists , i shall only mention out of the talmude ( which was the iews comment upon the law ) a case , exactly parallel to this : wherein is decided , that if a man carry a burden on the sabbath day , upon both his shoulders , then he is guilty of breach of sabbath , but that he is not guilty if he carry it upon one shoulder . as to my own private judgment , ( which i submitt to my spiritual tutors ) i think , that seing the conscience of man , is the same faculty with the judgment when conversant about spiritual imployments ( as the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which imports a knowledge reflexive upon a man 's own self , doth abundantly evidence ) that therefore , as there are judgments of different tempers ; so there are likewise consciences of different frames : and which vary as much amongst themselves , as natural constitutions do . and therefore , as the same dose would prove noxious to one constitution , wherein another would find his health ; so in one and the same act , that resolution may be saving to one conscience , which may condemn another : for , seing god hath kindled a torch in each mans breast , by whose flame he may see what path he should beat . in which sense it is said , prov. . . that the understanding of man is the candle of the lord ; and can that light mislead ? and seing man must be answerable according to what it prescrives to him , doubtless it is fitter that he should hearken to the reiterated dictates of his conscience , than to the resolution of any school-casuist : and that for the same reason , that it is more rational to obey the law it self , than the wisest lawier , who may either be deceived himself , or have a design to deceive others . for if god hath endued man with every thing necessary for working out the work of his own salvation , with fear and trembling , he hath doubtless bestowed upon him an internal touch-stone , by whose test he may discern betwixt good and evil ; seing to command man to walk uprightly , and not to bestow on him eyes to see the road , were to command a blind man to walk , and to punish him if he went astray . and as the composure of man's body , would be imperfect and manck , if he wanted a palate to discern bewixt the tast of what is wholsome , or what is putrid ; so if the soul of man were not able to know its own duty , and by the palate of a natural conscience , to difference betwixt lawfull and unlawfull : certainly the soul might be thought to be but ill appointed . thus , beasts are by an intrinsick principle taught their duty , and do accordingly shun or follow what is convenient for them , without consulting any thing from without . and shall man be less perspicacious , or more defective then these ? as also seing man is oftimes by thousands of occasions , removed far from the assistance of chair or pulpit-informers ; and in that his retiredness , hath most of these cases to be resolved : it were absurd to think that he then wants sufficiency of help for their resolution . and it is most observable in scripture , that men are oft check'd for quenching the spirit , but never for not consulting casuists . i know it may be thought , that when the soul of man rages at sometime in a feaver of lust , revenge , or some such sin , that then the conscience may rave ; yet i dare say , that albeit the soul , out of an inordinat desire to enjoy its own pleasures , may set its invention a work , to palliat the sinfulness of what it desires ; yet by some secret knell , the conscience sounds still its reproof . and i dare say , that never man erred without a check from his conscience ; nor that ever any sinned , after an approbation obtained from his conscience of what he was about : and when we assent to these doctors , is it not because our consciences , or our judgments ( which are the same ) assent , to what they inform ? which evidences , that our consciences are more to be believed , then they , by that rule , propter quod unumquodque est tale , &c. but to convince us of the folly of our addresses to these doctors . it may , and often doth fall out , that that may be a sin in me , which a casuist pronounces to be none , as if my breast did suggest to me , that it were a sin to buy church-lands ; if thereafter i did buy them , it were doubtless a sin , albeit my doctors , following the canons of their particular church , assured me , that the sale of church-lands were no sin in it self . i am confident then , that this casuist divinity , hath taken its rise from the desire church-men had to know the mysterie of each man's breast , and to the end , nothing of import , might be undertaken without consulting their cell ; perswading men , that in ordine ad spiritualia , their consciences , and consequently their salvation , may be interested in every civil affair . and to confirm this , it is most observable , that this trade is most used by iesuits and innovators , who desire to know all intrigues and subvert all states , whereas the primitive church knew no such divinity , neither hath its doctors left any such volumns . it may be urged , that seing the conscience is but a reflex act of the judgment , that as the judgment is an unsure guid , the conscience cannot pretend to be infallible ; and that the one , as well as the other , is tutor'd by the fallacious principles of sense and custom : and i my self have seen my lands-lady , in france , as much troubled in conscience for giving us flesh to eat in lent , as if she had cast out the flesh of a christian to be devoured by dogs ; and so atheisme may attribute to custom , these inclinations whereby we are acted-on to believe a deity ; and may tell us , that the mahumetans find themselves as much prickt in conscience , for transgressing their prophets canons , as we for offending against the moral law. and thus the adoring of a deity might have at first been brooded in the councilchamber of a states-mans head , and yet might have been , at that time by the vulgar , and thereafter by the wisest pates , worshipped with profound respects : yet , if we pry narrowly into this conceit , we shall find in it something of instinct previous to all forgeries possible . for , what was it ( i pray you ) which encouraged , or suggested to these politicians , that such a thing as the deity might be dissembled to their people for their imposing that cheat , presupposed some pre-existing notion of it ? or , how entred that fancie first in their wild heads ? or , how could so many contemporary , and yet far distant , legislators , fall upon the same thoughts , especialy , it being so remote from sense ; and for framing of which idea , their experience could never furnish a pattern ? conscience then must be something else then the fumes of melancholy , or , capricio's of fancie ; for else , roaring gallants , who are little troubled , or can easily conquer all other fancies , would not be so haunted by these pricking pangs ; which if they were not infallibly divine , behooved to be meerly ridiculous , and to want all support from reason or experience . there is another fyle of cases of conscience , which is a cadet of that same family ; and these are such cases as were the brood of these late times , which , like infects and unclean creatures , may be said generari ex putri materiâ : an instance whereof , was that famous sister , who ask'd if she was oblidg'd to execute her catt for killing a mouse upon the sabbath . this was a theology , taught by old dotting wives , and studied by state-expectants , who , to gain applause , and in hope to mount preferment 's sadle , made use of this gilded stirrop . i shall not inveigh against this foppery , seing it hath not possest mens conceit so long , as to have prescrived the tittle of divinity ; but , like a meteor , which , because it is fixt to no orbe , and is but a mass of inflamed vapours , doth therefore disappear immediatly , how soon its substance flashes out ; and its ashes are now entomb'd in the same clay with its brother twain , that pious non-sense , wherein god almighty was treated with in familiar and not in superiour . as god did light the candle of a private conscience , in each private breast ; so hath he hung up the lamp of the scriptures , in the body of his church ; and these we may call the conscience of the church , whilst triumphant . which some , by the breath of their vanity , and stormes of their passion , endeavour to blow out , whilst others , make no other use of its light , then to shew them where to find a jest . and within the armes of this division , ly folded , all the prophane race of mankind . as to these first ( who should be first , because they are sathan's first-born , and so deserve a double portion of this reproof ) they contend , that the scriptures are writen in a mean and low stile ; are in some places too mysterious , in others too obscure ; contain many things ineredible , many repetitions , and many contradictions . but these miscreants should consider , that much of the scriptures native splendor is impared by its translators , who , fearing to fall within the verge of the curse pronounced against such as should pair from , or adde to , any thing contained in that divine book , were , and are willing , that their translation should want rather the lustre , then meaning of the original . as also of all tongues , i believe the hebrew admits least of a translation ; especially into northern languages : for as these nations differ least in their expressions , who , because of their commerce or contiguity , have the most frequent converse . so doubtless ▪ the iews and we , by this rule , should in language hold the least correspondence . and because there is no pure fountain of this tongue left , besides the bible , it must be hard to understand its expressions , wherein the translators can find little or no help from the variety and collation of authors . and seing this book was penn'd indifferently , for all ages , nations and sexes , it was sit that its stile should have been condescending : for these who are tall , can pull the fruit which hangs low , whereas these who are low , cannot pull what pearch's high . and it is very observable , that where the fruit is greatest and ripest , there the branch whereon it hangs , bowes lowest . when god appeared to elijah , kings . there came first a terrible wind , thereafter a great earthquake , and then fire ; and yet god was in none of these , but spoke in the shrill small voice . his divine providence hath so order'd it , that our conviction cannot be ascrib'd to the fard of eloquence nor slight of logick , but merely to the truth of what is therein represented : our saviour , will with clay and spitle , illuminate our eyes , as he did these of the other blind man in the gospel . and such is the strength of his divine arme , that he can vanquish sathan , misbelief and ignorance with any weapon . and as we think the sun's circumference but little , because it is situated so far above us ; so we conclude these truths and excellencies but mean , because they are plac'd above our frail reach , and will blame the scriptures , when the fault lurks in our selves , that great physician will cure us , like an artist , with simples , specifick for our disease , and not like a charletan , with perfumed and gilded nothings . it is not allwayes the best mettal , which carries the pleasingest impressa ; nor doth the painted candle cast the clearest light . there are many things in scripture , which because of our frailty , appear ( like a staff in the waters ) to be crooked , albeit they be streight . why abraham should have kill'd his son isaac ; or the israelites have borrowed and not restored the egyptian ear-rings , staggers not my belief : for these belong'd to god , and neither to abraham , nor the egyptians : and so god might have given order to any he pleased to recieve them : and these who obey'd , were no more guilty , then such are , who by order from the master , recieve what he did formerly lend to others . and as to its repetitions ▪ they differ , no doubt , from one another ; albeit we ( who think all things removed , though by a little distance from us , of one shape ) judge ill , in judging otherwayes . and as an excellent person hath well observed , god hath appointed these reiterated expressions , to be as so many witnesses , to convince hereticks and others , who should call the meaning of any one place in question , or wrest it by what preceeds or followes it . as to these others , in whom the wine of god's consolations , ( by being winded in the crackt vessels of their heads ) turns into the tart vinegar of prophane satyres , i condole their condition : for , that stomach must be very corrupt , wherein the best of aliment putrifies most ; and probably , that indigested milk , being converted in excrementitious bile and humours , may cast them in a feaver which shall never cool to all eternity . i pity likewayes these , who , out of an in-advertent ( and as they think , sinless ) humour , jest with these divine truths ; like foolish children , who love rather to sport with their meat then eat it . these , albeit they intend not to prophane scripture , yet , they vilifie it : and we may say of the bible as of taking of god's name in our mouths , which must not only , not be done upon design , to blaspheme and diffame him ; but must not be taken but upon necessity , and , like the shew-bread , must be used only when we are in straits . i have been too guilty of this last sin my self ; and therefore , least i should make no attonement , i have rather resolved to appear before the world , in the dust and sackcloath of this silly discourse , a pennance , really , to me very great . when i consider how various and innumerable are the actions of men , and that in all these , they need particular instructions from above the poles , i admire why there are so many passages in scripture , from which our necessity may expect no assistance . and therefore , least i should think , that in scripture there is any waste of words , i am induced to believe , that there run 〈…〉 allegory in that holy book from genesis to iohn's revelation , and that it 's mystical sense is that which deserves the name of god's word . might we not have admired why the story of hagar and her bastard is there voluminously descrived , and what the church or private devotion was concerned therein , if paul , gal. . . had not discovered the mystery to us ? by which things , another thing is meant : for , these two mothers are the two testaments , the one which is agar , of mount sinai , which gendereth into bondage , &c. i might here relate many excellent allusions to prove this , but i shall satisfie my self with one which i did read in one doctor ever●t ; who , preaching upon ioshua , . . then caleb said , he who smiteth kirjath-sepher and taketh it , even to him will i give achsah my daughter to wife . and othniel took it , &c. saith , that caleb signifies a good heart , kirjath-sepher the city of the letter , achsah the vision , othniel god's opportunity . and so the mystical sense runs , a good heart saith , that whoever will take in ( and smite , as moses did the rock ) the letter of the word , shall have the vision which lurks under it discovered and given to him . and god's own time is the only mean for accomplishing this : as also , it is most remarkable , that that city which was called cirjath-sepher before it was taken in , or , the city of the letter , was , after it was conquered , called debi● , which signifies an oracle ; so that the word or letter is no oracle , till it be once , as it were , taken in and overcome . since the reading of which sermon , i believe that one may profit more by an hebrew lexicon , then by a thousand english lectures . these who detract from scripture , by attributing the production of miracles , to natural causes , do not much disparage the power of god , but ( though against their depraved intention ) cry rather up his omnipotency : for certainly , if these miracles were produced by secondary causes , then doubtless , that productive faculty was bestowed upon them by the almighty ; and if he can make the creatures produce such strange effects , much more is he able to effectuate them himself ; as it is more difficult , for a great master , to form curious and admirable characters when he leads a schollars hand , then when he writes them with his own ; for , such help may be called resisting assistance . i cannot likewise but blame many of our preachers , who rather break then open holy texts ; and rather make new meanings , suiting with their private designes , then tell the meaning of the spirit . who would not have laugh'd to hear a presbyterian observe , from the first chapter of genesis , first verse , that whilst moses relates what god made , he speaks nothing of bishops ; by which it was evident ( said don quixot's chaplain ) that bishops were not of divine institution : a conceit as ridiculous as that of a priest , who hearing maria spoken of for to signifie seas , did brag that he had found the virgine mary named in the old testament . albeit i think preaching no part of divine worship , hearing being no adoration ; yet , love i to go to church , were it but to see a multitude met together , to confess that there is a god : but , when i go to hear i care not whom , knowing that christ elected fisher-men to preach down infidelity , when it was in the ●uff of it's pride : and that paul ( the most signal trophe of our christian faith ) was sent for confirmation , not to peter or iames at ierusalem , but to ananias , one of the meanest amongst the disciples . and seing our salvation , by preaching , is a miracle ; it is still so much the greater by how much weaker the instruments are . when the pulpit was a mount sinai , from which the law was thundered , or a mount of o lives , whereon our saviour's glorious transformation was to be seen , then were sermons to be honoured ; but , since it is become a mount calvar , whereon our blessed saviour suffers daily , by scandalous railings , sermons are now become unfavoury for the most part . i hate to see that divine place made either a bar , whereat secular quarrels are , with passion , pleaded ; or a stage , whereon revenge is , by satyres , satisfied ; or , a school-chair , from which un-intelligible questions are mysteriously debated ; but amongst all these innovations , introduced by our infant divines . i hate none more then that of giving reasons for proving the doctrine , which being scripture it self , can be proven by nothing that is more certain . as for instance , when the doctrine is , that god loved us freely , how can this be proven more convincingly then thus , my text sayes it : and that is idem p●r idem , a most unlogical kind of probation . when i then go to church , i should love to spend my time in praises and prayers ; which as they are the only parts of adoration , so are they the natural imployments of the church , either militant or triumphant : yet , it displeases me to hear our young pulpitires skrich and cry , like baal's priests , as if god were no nearer them then the visible heavens . it honours much our imployment , that god almighty was the first and great law-giver ; and that our blessed saviour stiles himself our advocat . and it is an amazing wonder that we are tyed only by ten laws ; whereof seven were enacted doubtless for our advantage and respect , more immediatly the security of the creature then the honour of the creator , and are such restraints as men behoved to have laid upon one another , and which nature layes upon us all . and albeit i laugh at the jewish cabala , which sayes , that the moral law was written , two thousand years before moses , in black letters , at the back of a clear burning fire : yet , can i not approve tertullian's wit , who endeavours to find all these ten in the prohibition made to adam . there are indeed some sins which scarce a consequence can bring within the verge of these commandments . as for instance , drunkenness : yet , these are such as are so destructive to our nature , that there needs no law be made against them . so that the priest hit wittily , to whom that sin being confess'd , enjoyned as an pennance , their being drunk a second time ; which makes me conclude , that if drunkenness were to be ranged under any of these laws , it would fal most naturally under that , thou shalt not kill . albeit the fourth commandment seems to respect only the honour of god , and that the creature seems to be no wayes bettered by it : yet , our more serious observation will discover , that all be-labouring creatures , as it were , expect an ease the seventh day more then any other . whether it be , that nature is by custom framed to that expectation , i cannot tell : but , we see that god choic'd that number to be the year of jubile amongst his own people , and that it is the period of all the several consistencies in our life , infancie , pubertie , &c. and for this reason physicians observe , that the child born in the seventh moneth is stronger then that which is born in the eight ; because in the seventh it is come to a knot , by passing whereof , in the eight it is in a state of imperfection : but , what the mystery of this holy climaterick is , i refer till we come to that sabbath of rest , whereat we ordinarly arrive , after seven times nine years hath snowed upon us . we may think , that if god had intended , that one and the same day of the week should have been appropriated to have been a sabbath , he had designed each day by a special terme , and had commanded , that a day of such a designation , should have been sequestrated for a sabbath ; and that by designing only the seventh day he did leave a liberty to employ any day of the seven for that use . yet , it is remarkable , that mosos nor the jewish church durst not attempt the change of their new-years day ; but that the almighty was pleased to bestow a peculiar sanction upon that alteration : for , exod. . . he commands , that the moneth wherein the israelites came from egypt , should be , by them , reputed the first moneth of their year . wherefore , seing each nation chalks out a divers sabbath , it would appear that there is something of humour in it as well as of religion . the venerious mahumetan chooseth friday , or , dies veneris ; the dull iew dull saturn's day ; the warlick parthians tuesday , or , mars-day ; the cheery europeans sunday . and albeit the christians are influenc'd only by inspiration ; yet , i am confident , that the heathens did follow that for religion , which suited best with their natural temper . but this is a meditation which should travel no where beyond a mans private breast , lest it meet with enmity and beget scandal . it would puzle a heathen much to hear , that he who breaks one of these laws , is guilty of the breach of all : but , it troubles not me , seing all these laws are made to shew our obedience , and the breach of any one of them shewes our contempt of him who is the author of all . and it may be this was typified in moses's breaking both tables with one passionat fling , after he came down from the mount : for , if this breaking of them had not been pre-design'd for some hid end ▪ doubtless he had been reproved for his negligence . however , we may from this learn the desperate nature of passion , which made moses , who was the meekest man upon earth , break all the laws of god in one act . it might be also argued , that seing all the laws of the second table were enacted for , and respect ultimatly , the advantage of man , that where man is not wronged , there the law cannot be broke . and thus , if a married man should have liberty from his wife to take another woman , this could be no more reputed adultery , then it could be reputed theft to take what belongs to our neighbour , himself consenting ; and that for this cause , iacob's begetting children with his wifes maids , is not in scripture reproved as adultery , because they were given to him by her self for that effect : but , seing the practice of all the world condemns this conclusion , far be it from me to press it further . albeit the judicial law ( which may be justly called the judicious law ) is commonly reputed to be but the municipal law of the jews ; yet , seing it was thundered from mount sinai with so much pomp , and is ingrost in the books of holy truth , and seems nearlier related to reason then any other law , i admire why it should not be religiously observed by all nations : especially seing , as it is , the exactest picture of justice that ever was drawn , so it hath this of a picture in it , that it seems to look directly upon all who behold it , albeit they be placed ( amongst themselves ) in directly opposite , situations and stances . thus this law suits even with contrary tempers , and the unequal complexions of all nations . i know that the ceremonial law is likewayes insert amongst the other holy canons , and yet binds not us who live under the jurisdiction of the gospel : but , the reason of this seems to be , because these did immediatly concern the jewish church , and were conversant about these holy things . and so , seing the old testament is a description of their hierarchy , and of god's way of working in these times , i wonder not to see these ceremonies amidst other sacred truths , and yet not observed , seing they are expresly abrogat . but , if the judicial law , which respected not the hierarchy of that church , was obligatour only whilst the jewish state was in being , i admire why the spirit of god took so much pains , first to penn it , and then to deliver it so canon-like to posterity . and since it is a principle in law and reason , that laws must still stand in vigor till they be expresly abrogat , and must not be derogated from by consequences or presumptions , i admire why this law , which god hath enervat by no express text , should be now look'd upon as statutes nowise a-la-mode . it is true , that our saviour , when the woman , convicted of adultery , was brought to him , did not , according to that law , pronounce the sentence of death against her ; whence some think , that church-men , following their masters example , should not give their suffrage in criminal cases , and have only 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , a bloodless jurisdiction ; for , they are appointed to be nurses , not chyrurgions . but , it is as true , that our saviour professed in all the tract of his life , that he came not to be a judge in things temporal , and his design in that place was only to convince them of their own sinnes , and not to absolve her , not to abrogat the law : and therefore he desired him who was freest from sin , to cast the first stone at her . and whereas it is conjectured , that these words which our saviour stoop'd down to write in the clay , immediatly thereafter was an abrogation of that law ; this is a geomancy more wilde then any lesson which is alledged to have been read in the mysterious face of heaven , and should never be taught but in a rabbies cabalastick gown . and whereas it is alledged , that there are many precepts in that corpus iuris , which respects only the humor of the jews , i admire why that can be urged ; for certainly , theft , murder , and these other crimes punished there , are the same crimes which reigns amongst us ; and so why not punishable after that same manner ? neither are the humors of these jews more different from ours , then was the genius of the romans ; and yet , few or no nations refuse to cast their modern laws in that antique mould . and it is very probable , that as god did , in the moral law , teach man how to be just in his own actions , so he would likewayes instruct him by a judicial law , how to administrate justice to others . what can perpetuate a law more then that the authority whereby it is enacted should be obligatory in all ages , and the reason whereon it is founded should be eternal ? and in what laws do these two qualities appear more , or so much , as in the judicial laws of the jews , where the eternal law-giver was legislator , and the occasion , productive of them seemed rational ( and necessar ) to his infallible omniscience ? and if in any of these statutes , our purblind judgments cannot see a present conveniency , we should rather impute that to our own simplicity , then charge it as a guilt upon his divine statutes ; and are there not many municipal laws in each country , which have no hedge about them to keep them untrampled upon by wanton and too curious wits ? but , that excellent maxime , omnium quae fererunt majores nostri , non est reddenda ratio , ne que certa sunt , incerta redderentur ; a reason must not be rendred for all that our ancestors have enacted , lest what is now certain , become then uncertain . albeit a law enacted only by humane authority , seem unreasonable or inconvenient ; yet , it retains it's vigor till it be abrogat by the same , or a higher authority , then that whereby it was first statuted ; and the law sayes , that nihil est tam naturale quam unumquodque eodem modo dissolvi quo colligatum est . and , seing the moral and judicial laws are twisted so together , and are oft incorporated in one statute , as levit. . . deut. . . where adultery is forbidden , and the adulterer is to die the death : how can we think the one half of this law obligatory for ever , and yet neglect it 's other half , wherein the punishment is specified , and which appears to have been the scope of the divine law-giver ? for , the world needed not so much to have been acquainted , that adultery was a sin , as that that sin deserved death ; and if we allow our capricious humor the liberty to reject what we think inconvenient , we may at last arrive at that pitch of licentiousness , as to abrogat , by our practice , whatever choaks our present humor . there are many things much mistaken in that law , which makes the dissonancy betwixt it and our law , appear so much the greater . as for instance , it is concluded , that by that law , no theft was punishable by death ; whereof this is given as a reason , because there is no proportion betwixt goods and life ; and that all that a man hath he will give for his life , whereas this argument would prove , that no guilt but murder should be punished with death ; and so this dart rather flees over then hits the mark at which it is level'd . and if this argument concluded , why should adultery have been punished with death by that law , seing there seems no proportion betwixt that guilt and death ? for , if vita & fama be in law equiparat , by that same law , pecunia est alter sanguis . but , if there be no proportion betwixt goods and life , and if the punishment of theft ; when it is aggrag'd to it 's greatest height , cannot , in their opinion , reach so far as to be capital . why was it , that by that law nocturnal theevs might have been killed by those who found them ? exod. . . for , it appears against reason , that more should be permitted to a private and passionat party , then to a dis-interested judge . and it is clear by sam. . ▪ that theft was in some cases capital : for , there david vows , that he who took his neighbours one sheep , and spared his own many , should surely die ; which being spoke by a just king to an excellent prophet , and not reproved , must not be thought a flash of passion , but a well-founded sentence . were not likewayes two theevs crucified by the jews at the same time with our ever glorious saviour ? which must not be thought a romish execution , seing the law of the romans allowed no such punishment for theft : i judge therefore , the reason why murder and adultery were punished with death , rather then all thefts , to have been , because theft may be repaired by restitution , but murder and adultery cannot . and albeit the judicial law commands restitution only in the theft of an ox or sheep , ( things of small moment , and which may be stollen to satisfie rather hunger then lust ) yet , i see no limits set to judges , commanding them not to inflict a capital punishment in extraordinary cases : for certainly , he who steals , may , for ought he himself knows , be about the committing of murder , seing to steal what should aliment any poor one , is , in effect , the same thing as to murder him . it is much controverted , if this law prohibits self-murder , and i think it doth : for , we are commanded to love our neighbour as our self ; and so , since we are commanded not to kill our neighbour , that same law must likewayes forbid our killing of our selves . but the reason probably , why no express text did forbid that sin , was , because the spirit of god knew that the natural aversion we have against death , would , in this , do more then supply a law ; and that these who would be so desperat as to neglect the one , would never be so pious as to obey the other . or else , god hath been unwilling , by making such a law , to intimate to the world , that such a sin might be committed . yet , it seems strange , that many are in scripture related , as saul and others , to have killed themselves , against whom no check stands registrated in holy records . but , i stop here , intending to bestow a whole tractat upon the judicial law , a task hitherto too much neglected . the second mirrour , wherein god almighty is to be seen , is that of his creatures ; and in that a virtuoso may contemplat his infinite power , as in the other he may see his admirable justice . it is very observable , that when god , or his prophets , would prove his greatness , the sun , orion and the leviathan , are made use of as arguments . and when the spirit of god descrives the inimitable knowledge of solomb● , bestowed upon him by god , as an extraordinar mark of his favour , he sayes not , that he understood the quirks of philosophy , or notions of divinity ; but , it is said , that he knew all from the cedar of lebanon to the hysope that grows upon the wall . and in earnest , it is strange , that when man comes into the gallery of this world , he should take such pleasure in gazing upon these ill-drawn fictions , which have only past the pencil of humane wit , and should not fix his admiration upon these glorious creatures , which are the works of that great master ; in framing whereof , god is content to be said to have spent six dayes , to the end , that man might admire the effects of so much pains ; whereas his omnipotency might , with one fiat , have summoned them all to appear , apparrell'd in these gorgeous dresses which now adorns them . and it is as strange , that man , having that huge volumn of the creation to revolve , wherein is such an infinit number of curious tale-duces , to feast his eyes with curiosity , and to futnish his soul with solid knowledge ; he should notwithstanding spend so much oyl and sweat , in spinning out ens rationis , materia prima , potentia obedientialis , and such like untelligible trash , which , like cob-webs , are but envenomed dust curiously wrought . and because the gross of mankind was so gross , as not to understand god's greatness by the abstract idea's which instinct presented to him : therefore , to teach that sensual croud , by the trunchmanrie of sense he hath bestowed upon them this mirrour , wherein they may see how infinit he is in power , who made nothing so fruitfull , as to bud forth in this glorious crop of creatures , which now inhabits the surface of heaven and earth . i admire that such philosophers as have had their faces wash'd at the font , can allow of monsters , and define them to be the preter-intentional works of nature , wherein nature miss'd of her design , and was not able to effectuat what she intended : for , if nature and providence signifie the same thing in the dictionary of christianity , it were blasphemy to think , that providence could not be able to effectuat what it once designed . all the creatures are indeed but as clay in the hand of this great potter ; but , it were impious to think , that his art can be mistaken in framing any vessel : wherefore , i am apter to believe , that all these creatures which the schools term monsters , are rather the intentions , then errors of nature ; and that as nature doth nothing without design , so it doth nothing without success . and thus i rather admire nature in these , for her cunning variety , then upbraid her with insufficiency and weakness . neither term i an hermophrodite , man or woman , according to the prevalency of that sex which predomines in it , no more then i think that the painter , when he hath delineated curiously an exact marmaid , resolved to draw either a woman or fish , and not one distinct creature , peec'd up of both . and doubtless this error did at first proceed from mans vanity ; who concluded , that every frame which answered not that idea , which resides in him , was the effect of chance , and not of nature ; as if nature had been obliged to leave in the bibliothick of his head , the original of all such peeces as was to pass it's press . seing god , in his survey of the creation , called all that he had made good , because they were usefull . i conclude , that these are the best which are the most usefull . and albeit i condemn prodigality of ignorance , in preferring a diamond to a capon or sheep ; yet , do i not condemn such of vanity , as shine with these sparkling creatures : for , since god made nothing , which he did not destinat for some use , and seing most of these serve for no use else , doubtless , the wearing of them is most allowable . yet , can i not allow of these gaudy compounds , which men creat to themselves ; as if something had been still wanting after the creation was finished ; wherein man could supply god , and art , nature . the bestowing a hundred pounds upon a tulip , or a thousand on a picture , are not to me the meer rants of luxury ; but are courses pre-ordained by the almighty , for returning to poor artisans , that money , which oppression did at first most injustly screw from their weary hands . it is our ignorance of nature's mysteries which perswads us , that some , if not most of the creatures , serve rather for beautifying the universe , then for supplying necessity , an error which experience daily confutes : so , these herbs which of old cloathed only the uninhabited mountains , do now deserve their own place in apothecaries shops . and it is most observable , that the scurvy growes no where but where the disease rages , which is cured by it : seing god loved variety in the creation , he cannot hate curiosity in man , these two being correspondents ; and the one without the other would be but as flowers to the blind , or musick to the deaf . i laugh at the fruitless pilgrimages of such as travel to ioppa or china , to satisfie their curiosity ; there being a tredaskins closet in each tulip , and a solomon's court in each lilly of the field . and seing mens tempers are so various , it was no wonder that the creatures ( which ▪ were made for his use ) should have been made proportional to his humor : but , seing art hath in many things copied nature to the life , i think not the symetrie nor variety to be seen amongst the creatures such an infallible argument for proving the being of a god. as is instinct , which all the art of men and angels cannot counterfit ; and herein is it , that that grand magician must acknowledge the finger of his maker , seing here his own art fails . these who expect equal excellency in all the parts of this curious fabrick , do not understand wherein its symetrie consists . all the strings of an instrument sound not equally high , and yet they make up the harmony : the face of the earth looks in some places deform'd and parcht ; and yet it is there the mother of rich mines ( as if god intended to bestow a great portion where he bestowes an ill face ) and what we think deformities , were placed there as patches , and are no more blemishes , then the spots are to the leopards . i confess , that at first it puzl'd much my enquiry , for what end these mountains were made so near neighbours to the devided clouds : and i once imagin'd , that these were rather the effects of the flood , then creatures at first intended ; and were but the rubbish and mud which these impetuous waters had heap'd up in a mass : but , i was thereafter disswaded from this conjecture , by the . chap. prov. where wisdom , proving it's antiquity , sayes , that it was with god before the heavens were prepared , and the mountains setled ; by the scope of which text , it is clear , that the heavens , hills , and the rest of the creation , are said to bear one date . it is then more probable , that god foreseeing that the lust of conquest would , like the needle of the compass , look oft north ; as is evident by comparing all the monarchies ( first the assyrian , then grecian , then roman , now german ) did therefore bound ambition , as it were , with high hills , ( albeit since , ambition hath found a way to climb over them ) as if he told them , that they should march no furder . thus , it is very observable , that the northern parts of one kingdom are alwayes more barren then the southern limits of the country which lyes to the north of it . the north of england more mountainous and barren then the south of scotland , albeit it ly nearer the sun ; the south of england more pleasant and fertile then the north of france ; and the south of france then the north of italy , &c. we must like wayes consider , that nature brused it's face so when it fell in adam , that it did then contract many of these blemishes which now deform it ; and that as it waxes old , it 's native beauty is the more deformed by furrowed wrinkels . we cannot judge what it was in health , by it's present distempered condition , wherein it groans and travelleth in pain , as the apostle tells us . and the differences betwixt these two states may be known from this , that god , when he compleated the creation , saw that all was good ; whereas solomon , having reviewed it in his time , saw all to be vanity and vexation of spirit . the third mirrour , wherein god is to be admired , is man. this is that noble creature which god was pleased to mould last of all others , not willing to bring him home , till , by the preceeding creations , he had plenished his house abundantly for him . and albeit in the creation of all other creatures , it is only said , that god spoke , and it was : yet , when man was to be framed , the cabinet council of heaven was call'd ▪ and it is said ( let us ) as if more art had been to be shewed here , then in all the remanent fabrick of the terraqueous glob , and glorious circles of heaven . it is likewise very observable , that albeit all the fishes of the sea were formed by one word , all the beasts of the field by one act , &c. yet , god was pleased to bestow two upon the creation of man ; by the first , his body was created out of the dust , and thereafter , was breathed in , his soul. and albeit transient mention is only made of all other creations ; yet , the history of mans creation is twice repeated , once , gen , . . and again , . . and , least that foreseen deformity , wherewith he was to be besmear'd after his fall , should make it be questioned , that at his first creation he had received the impressa of god's image , this is oft repeated : for , in the . ver . gen. . it is said , let us make man in our image ; and then again ▪ and after our likeness . and in the . verse , so god created man in his own image ; and again immediately thereafter , in the image of god created he him . yet , i am confident , that this image is so bedabled in the mire of sin , and so chattred by it's first fall , and this divine impressa , and print , so worn out , by our old and vicious habits , that , if this genealogy had not been so oft inculcat , we could not but have called it in question , albeit our vanity be ready enough to believe a descent so royal and sublime . wherefore i must again admire the folly of atheists , who , by denying a deity , cloud their own noble birth-right . but , albeit man be made after god's image , yet , that can be no argument to conclude , that therefore god may be made after man's image , or represented under his figure , as the anthropomorphits foolishly contend , no more , then if we should conclude , that because a copy may be taken off an original , therefore an original may be taken off a copy . neither is this representation salv'd from being idolatry , by alleaging , that the image is not worshiped , but god , who is represented by it : for , it hath been well observed by an ancient father , that idolatry in scripture is called adultery ▪ and it is no good excuse for an adulteress , that she did ly with another because he represented her husband to her , and resembled him as a copy doth it's original : yet , seing nothing is room'd in our judgment and apprehension , but what first entred by the wicket of sense , it is almost impossible for man to conceive the idea of any thing but vested with some shape , as each man's private reflections will abundantly convince him , as the boundless ocean keeps and shews it 's well drawn images , whilst it stands quiet , with a face polisht like a christal cake , but losses them immediately , how soon it 's proud waves begin to swell and in rage , to spit it's froathy foam in the face of the angry heavens ; so , whilst a stoical indolency and christian repose smooths our restless spirits , it is only then , that the soul of man can be said to retain that glorious image of god almighty , with which it was impress'd at it's created nativity . but , when the waves of choler begin to roar , or the winds of vanity to blow , then that glorious image is no more to be discerned in him , then the shadows and representations of in-looking objects are to be seen and discerned in the disquieted bosom of the troubled waters . the stings of a natural conscience , which , according to each mans actings , creats to him either agues of fear , or paradises of joy , do by these ominating presages , convince us of the immortality of the soul : and seing we see its predictions , both in dreams , in damps of melancholy , and such like enthusiastick fits , followed by suteable events ; why may we not like wayes believe its predictions , as to its own immortality , it being the prudence of a virtuoso to lay hold of every mean , which may allay the rage of his hereditary misfortunes ? and to what end would the soul of man receive such impressions of fear and hope , if , by its mortality , it were not to be stated in a condition , wherein its fears and hopes were to have suteable rewards or punishments ? moreover , seing god is just , he will punish and reward : and therefore , seing he punishes and rewards not men according to their merits , or demerits here , there must be doubtless a future state wherein that is to be expected . but , that which convinces my private judgment most of this truth , is , that the noblest souls , and the sharpest sighted , do , of all others , most desire the state of separation , and have the weakest attaches to this life ; which must doubtless proceed from an assurance of immortality , and that it hath , from the pisgah of its contemplation , got a view of the spiritual canoan : for , seing the brutishest of creatures abhors annihilation , as the most aversable ill in nature , doubtless the soul of man , which is the most divine of all creatures , would never appete this separation , if by it it were to be extinct , and to be no more . and how absurd were it to believe , that man's soul should be made after god's image , and yet conclude it mortal , a quality repugnant to any thing that is divine ? as also , how can the soul be thought to perish with the body , seing these accidents which destroy the body cannot reach it ? how can the heat of a feaver burn , or rheums drown , that which is not corporeal and cannot be touched ? and , seing man's least peccadilio against god almighty , is against one who is infinit , were it not absurd to think , that it could be proportionally punished in the swift glass of man's short life ? then which , nothing is more finit , or sooner finished . as the soul is god's image , so it's products are the images of his admirable operations . do not mathematicians creat eagles , doves , and such like automata's ? and spring not flowers from the chimists glasses ? and thus art , which is man's offspring , doth ape nature , which is the workmanship of the almighty : and therefore , seing the soul can with one thought grasp both the poles , can dart out it's conceits as far as the furdest borders of the imaginary spaces , creat worlds , and order , and disorder , all that is in this which is already created ; it 's strange to think it to be either corporeal or mortal : for , if it were corporeal and a mass of blood , it's actings would be lent and dull , neither could it's motions be so nimble and winged , as are these of our agile spirits . it were impossible for our narrow heads , to inn all these innumerable idea's ( which are now in them ) if these were all corporeal , and if these be not corporeal , that which produces them most be doubtless incorporeal , seing simile generatur à simili ; and dull flesh and blood could never produce such spiritual emanations . as the soul is god's image , so in this it resembles him very much , that we can know nothing of it's nature without it's own assistance : like a dark lanthron , or a spy , it discovers every thing to us , except it self . and because it refuses us the light of it's candle , whilst we are in the quest of it's mysteries ; therefore it is , that our re-searches of it's nature are gropeings in the dark : and so ofttimes vain , if not ridiculous . avicenna , averroes , and the remanent of that arabian tribe , admiring it's prodigious effects , did attribute our spiritual motions to assisting angels ; as if such admirable notions could not be fathered upon less sublime causes ; which cardan likewayes thinks , do offer their assistance and light to sensitive creatures , but that the churlishness of their mater will not suffer them to entertain such pure irradiations . this disparages so much humanity , making man only a statue , that it were against the soul's interest to admit of any such idea's : for , as it tends more to the artists praise to cause his products move from hid and internall springs , then from extrinsick causes ; as we see in watches and such like . so it is more for the honour of that great artist , and more suteable to the being and nature of his creatures , that all it's operations flow from it self , then from assisting but exteriour co-adjutors ▪ which makes me averse from aristotle's opinion of the motion of the spheres by intelligences . and it were absurd to think , that men should be blamed or praised for those effects which their assessour angels could only be charged with . the platonicks alleaged , that all souls existed before their incarceration in bodies ▪ iin which state of pre-existence , they were doted with all these spiritual endowments , which shall attend them in the state of separation : and that at their first allyance with bodies , their native knowledge , was clouded , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , with the putting off knowledge for a time , till , by a reminiscentia , their intellectuals revived , as by a resurrection . and origen added , that these souls were , according to their escapes , committed in the state of their primitive separation , yoaked with better or worse bodies ; a shift taken , in all probability , by him , to evite the apprehension of god's being injust , for nfusing innocent souls , in bodies which would infect them ; and by drawing them in inevitable snares , at last condemn them , or at least their infusion was the imprisoning these who were not guilty ; a difficulty which straits much , such as maintain that the soul is not ex traduce . what the hazard of this opinion may be , my twilight is not able to discover . it may be , that the stoicks mistake in making the souls of men to be but parcels , decerpt from that universal anima mundi ( by which they doubtless meant god himself ) was occasioned by a mistake of that text , that god breathed into man's nostrils , the breath of life : concluding , that as the breath is a part of the body which breathed it , so the soul behoved to be a part of that divine essence , from which , by a second consequence , they concluded , that the soul , being a part of that divine beeing , could not suffer , nor undergo any torments ; as is asserted by seneca , epist. . cicero , tusc. . and defended by their successors , these primitive hereticks , the gnosticks , manichees and priscillianists . but this bastard is not worth the fostering , being an opinion that god hath parts , and man real divinity , and is doubtless a false and flattering testimony given by the soul to it self : for , seing the soul is , by divine oracles , told us to be made after god's image , it can be no more called a part of god , then the picture should be repute a part of the painter . aristotle ( like the devil ( who because he knows not what to answer , answers ever in engines ) tells us , that anima is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , a terme fitted to exercise the empty brains of curious pedants , and apter to beget , then explicat difficulties . neither believe i , that his three souls , which he lodges in man , to wit , the rational , sensitive and vegetative , do differ more amongst themselves , then the will , understanding and fancy differ from the two last ; so that his arithmetick might have bestowed five souls upon man , as well as three : but , seing he , and many of his disciples , believe these to be three and yet these three to be but one ; i admire why they should be so nice , as not to believe that pious mystery of the holy trinity : whereof in my opinion , his trinity of the soul is as apposit an emblem , as was the conceit of a simple clown , who being askt , how he could apprehend the three glorious persons to be but one ? did fold his garment in three plates , and thereafter drew out all the three in one ▪ as the herauldrie of our reason cannot blazen the souls impressa ; so can it not help us to line out it's descent : and such would appear to be the excellency of that noble creature , that heaven and earth seem to contend , the which shall be the place of it's nativity . divines ( who are obliged to contend for heaven , because they are it 's more immediat pensioners ) will have it to be created and infused : whereas philosophers ( ambitious to have so noble a compatriot , and willing to gratifie nature , which aliments their sublime meditations ) contend , that it is ex traduce , and is in generation , the bodies other twinne . and albeit it would appear from scripture , that god accomplish'd the creation the first seven dayes , and that nature did then pass child-bearing : yet , that , in my judgment , must be meant of the creation of whole species , and not of individuals , and to press the souls not traduction ; i shall lend only one argument , not because it is the best , but because it is my own . we see , that there where the soul is confess'd to be ex traduce , as in bruits and vegetative creatures , that nature , as it were , with a pencil , copies the young from off the old . the young lyons are still as rapacious and roaring as were their syers , from whose loyns they descended : and the rose being pous'd up by the salt nitre which makes it vegetative , spreads the same leaves , and appears with the same blushes or paleness that beautified it's eye-pleasing predecessors . the reason of which continual assimulation , preceeds from the seeds , having in it's bosome , all these qualities and shapes , which appear thereafter in it's larger products , whereof they were but a mappe or index . whereas man resembles never , at least not oft , these who are called his parents ; the vitious and tall father , having oft low , but vertuous children ; which shows , that the soul of man is not derived by generation , and that the soul bestowed upon the son's body , is most different and assymbolick to that which lodged in the father . and this may be further confirmed by that excellent passage , prov. . , where it is said , that the understanding of man is the candle of the lord. our soul is god's image , and none can draw that image but himself ; we are the stamp of his divine nature , and so can only be formed by himself , who is the glorious seal . from this divine principle , that man's soul is made after god's image , i am almost induced to believe , that prophesie is no miraculous gift bestowed upon the soul at extraordinary occasions only , but is a natural ( though the highest ) perfection of our humane nature : for , if it be natural for the stamp , to have impress'd upon it all the traits that dwell upon the face of the seal , then it must be natural to the soul , which is god's impressa , to have a faculty of foreseeing , since that is one of god's excellencies . albeit i confess , that that stamp is here infinitly be-dimm'd and worn off ; as also , we know by experience , that men upon death bed , when the soul begins ( being detached by sickness from the bodies slavery ) to act like it self , do foresee and foretell many remote and improbable events : and for the same reason do i think predictions , by dreams , not to be extraordinary revelations , but rather the products natural of a rational soul. and if sagacious men can be so sharp-sighted in this state of glimmering , as to foresee many events which fall out , why may we not say , that man , if he were rehabilitat in the former state of pure nature , might , without any extraordinary assistance , foresee and prophesie ? for , there is not such a distance betwixt that foresight and prophesie , as is betwixt the two states of innocency and corruption , according to the received notion , which men have settled to themselves of that primitive state of innocency . from the same principle , may it likewayes be deduced , that natural reason cannot but be an excellent mean , for knowing , as far as is possiible , the glorious nature of god almighty : he hath doubtless lighted this candle , that we might , by it , see himself ; and how can we better know the seal , then by looking upon it's impression . and if religion and it's mysteries , cannot be comprehended by reason ▪ i confess it is a pretty jest , to hear such frequent reasonings amongst church-men , in matters of religion . and albeit faith and reason be look'd upon as iacob and esau , whereof the younger only hath the blessings , and are , by divines , placed at the two opposit points of the diameter ; yet , upon an unbyassed inquiry , it will appear , that faith is but sublimated reason , calcin'd by that divine chymical fire of baptisme ; and that the soul of man hath lurking in it , all these vertues and faculties which we call theological ; such as faith , hope and repentance : for else david would not have prayed , enlighten , lord , my eyes , that i may see the wonders of thy law ; but rather , lord bestow new eyes upon me . neither could the opening of lidea's heart , have been sufficient for her conversion , if these pre-existing qualities had not been treasur'd up there formerly : so that it would appear , that these holy flames lurk under the ashes of corruption , untill god , by the breath of his spirit ( and that wind which bloweth where it listeth ) sweep them off : and that god , having once made man perfect in the first creation , doth not in his regeneration super-add any new faculty ( for else the soul had not at first been perfect ) but only removes all obstructing impediments . i am alwayes ashamed , when i hear reason call'd the step-mother of faith , and proclaimed rebel against god almighty , and such declared traitors , as dare harbour it , or appear in it's defence . these are such fools as they who break their prospects , because they bring not home to their sight the remotest objects ; and are as injust as iacob had been , if he had divorc'd from leah , because she was tender-eyed : whereas , we should not put out the eyes of our understanding , but should beg from god the eye-salve of his spirit for their illumination . nor should we dash the prospect of our reason , against the rockie walls of dispair ; but should rather wash it's glasses with the tears of unfeigned repentance . ever since faith and reason have been , by divines , set by the ears , the brutish multitude conclude , these who are most reasonable to be least religious ; and the greatest spirits to be least spiritual : a conceit most inconsistent with that divine parable , wherein these who received the many talents improved them to the best advantage , whilst he who had but one laid it up in a napkin . and it is most improbable , that god would choose low shrubs , and not tall cedars , for the building of his glorious temple . and it is remarkable , that god , in the old law , refused to accept the first born of an asse in sacrifice , but not of any other creature . and some , who were content to be call'd atheists , providing they were thought wits , did take advantage in this of the rables ignorance , and authorized by their devilish invention , what was at first but a mistake : and this unridles to us that mystery , why the greatest wits are most frequently the greatest atheists . when i consider , how the angels , who have no bodies , sinn'd before man ; and that brutes , who are all body , sin not at all , but follow the pure dictates of nature . i am induced to believe , that the body is rather injustly bamed for being , then that really it is , the occasion of sin ; and probably , the witty soul hath in this , cunningly laid over upon it's fellow , that where with it self is only to be charged . what influence can flesh or blood have upon that which is immaterial , no more sure then the case hath upon the watch , or the heavens upon it's burgessing angels ? and see we not , that when the soul hath bid the body adieu , it remains a carcasse , fit nor able for nothing . i believe , that the body being a clog to it , m●y slow it's pursute after spiritual obiects , and that it may occasion , indirectly , some sins of omission : for , we see palpably , that eating and drinking dulls our devotions ; but , i can never understand , how such dumb orators , as flesh and blood , can perswade the soul to commit the least sin . and thus , albeit our saviour sayes , that flesh and blood did not teach peter to give him his true epithets ; neither indeed could it : yet , our saviour imputes not any actual sin to these pithless causes . and seing our first sin hath occasioned all our after sinning , certainly , that which occasioned our first sin was the main source of sinning , and this was doubtless the soul ; for , our first sin being an immoderat desire of knowledge , was the effect and product of our spirit , because it was a spiritual sin ; whereas if it had been gluttony , lust or such like , which seems corporeal , the body had been more to have been blamed for it . and in this contest , i am of opinion , that the soul wins the cause , because it is the best orator . what was the occasion of the first ill , is much debated ( and most deservedly ) amongst moralists ; for , that which was good could not produce that which was evil , seing that which works mischief cannot be called good . nor can we ascribe the efficiency of the first evil to evil ▪ for then the question recurres , what was the cause of that evil ? and by this , the supposition is likewise destroyed , whereby the evil enquired after , is supposed to be the first evil : but , if we enquire , what could produce in the angels that first sin , whereby they forfeited their glory ? we will find this disquisition most mysterious . and it is commonly believ'd , but by what revelation i know not , that their pride caus'd their fall ; and that they carcht their bruise in climbing , in desiring to be equal to their creator , they are become inferior to all their fellow creatures . yet , this seems to me most strange , that these excellent spirits whose very substance was light , and who surpassed far , man , in capacity and understanding , should have so err'd as to imagine , that equality fa●sable , a fancy which the fondest of men could not have entertained . and it were improbable to say , that their error could have sprouted at first from their understandnging ; and to think it to have been so gross , as that fallen man doth now admire it : but , why may we not rather think , that their first error was rather a crookedness in their will , then a blindness in their judgment ▪ and that they fretted to see man , whom they knew to be inferiour to themselves by many stages , made lord of all that pleasant creation , which they gazed on with a stareing maze . and that this opinion is more probable , appears , because this sin was the far more bating , seing it appeared with all the charmes , wherewith either pride , vanity or avarice could busk it ; and explicats better to us the occasion of all that enmity with which that serpent hath alwayes since pursued silly man : but , whither god will save just as many believers as there fell of the angels , none can determine ; neither can it be rationally deduced from that scripture , statuit terminos gentium , juxta nu●erum angelorum dei. but , if it please god so to order it , it will doubtless aggrage their punishment , by rackling their disdain . and seing the angels have never obtained a remission for this crime , it is probable , that the correspondent of their sin is , in us , the sin against the holy ghost . for , if their lapse had been pardonable , some one or other of them had in all probability escap'd ; but , if this was not that unpardonable sin , i scarce see where it shall be found . for , to say that it is a hateing of god , as god , is to make it unpracticable rather then unpardonable : for , all creatures appete naturally what is good , and god , as god , is good ; so that it is impossible that he can be hated under that reduplication . it may be likewise conjectured , that voluntar and deliberate sacriledge is the sin against the holy ghost ; because ananias and saphira , in with-holding from the church , a part of the price for which they sold their lands , are , by peter , said to have lied , not to man , but to the holy ghost ; and his wife is there said to have tempted the spirit : but , seing both of them resolved to continue in the church ( a resolution inconsistent with the sin against the holy ghost ) and seing many sins are more heinous , i cannot interpret this lying to the holy ghost to be any thing else , but a sin against light , in which most penitents have been involved ; albeit , i confess , this was a gross escape , seing it rob'd god of his omnisciency , and supposed that he was not privy to such humane actings as have not the sun for a witness . i do then conclude , that the sin against the holy ghost may rather be a resolute undervaluing of god , and a scorning to receive a pardon from him : and this is that which makes the angels fall irrecoverable , and like the flaming sword , defends them from their re-entry into that paradise from which they exile . and albeit to say , that the angels rebellion flows from god's denying them repentance , may suit abundantly well with his unstainable justice ; yet , it is hard to reconcile it with his mercy . and this makes my private judgment place the unpardonableness of this sin , not in god's decree , but in their obduration and rebellious impenitency : and the reason why these who commit this sin are never pardoned , is , because a pardon is never sought . that place of scripture , wherein esau is said to have sought the blessing with tears and not to have found it , astonishes me : yet , i believe , that if his tears had streamed from a sense of his guilt more then of his punishment , doubtless he had not weept in vain ; and in that he tear'd , he was no more to be pitied , far less pardoned , then a malefactor , who , upon the scaffold , grants some few tears to the importunity of his tortutes , but scornes to acknowledge the guilt of his crime : for , pain , by contracting our bodies , strains out that liquid mater , which thereafter globs it self in tears : there could ●ome no holy water from the pagan font of esaw's eyes ; and if his remorse could have pierc'd his own heart , it had easily pierc'd heaven . whilst others admire , i bless god , that he hath closed up the knowledge of that unpardonable sin under his own privy seal : for , seing sathan tempts me to sin with the hopes of an after-pardon , this bait is pull'd off his hook , by the fear i stand under , that the sin to which i am tempted , is that sin which can expect no pardon . and albeit it be customary amongst men , to beacon and set a mark upon such shelves and rocks as destroy passengers ; yet , that is only done where commerce is allowed and sailing necessar : but , seing all sin is forbidden , god was not obliged to guard us with the knowledge of that sin , no further then by prohibiting us not to sin , but to stand in awe . that first sin whereby our first parents forfeited their primitive excellencies , was so pitifull a frailty , that i think we should rather lament , then enquire after it . to think that an aple had in it the seeds of all knowledge , or that it could assimulate him to his creator , and could , in an instant , sublimate his nature , was a frailty to be admired in one of his piety and knowledge . yet , i admire not that the breach of so mean a precept was punish'd with such appearing rigor , because , the easier the command was , the contempt was proportionally the greater ; and the first crimes are by legislators punished , not only for guilt , but for example : but , i rather admire what could perswade the facile world to believe , that adam was created , not only innocent , but even stored with all humane knowledge : for , besides that , we have no warrand from scripture for this alleadgiance , this his easie escape speaketh far otherwayes . and albeit the scripture tells us , that man was created perfect ; yet , that inferres not that man was furnished with all humane knowledge : for , his perfection consisted in his adoring of , and depending upon , god , wherein we see these are exactest , whose judgements are least pestered with terrestrial knowledge , and least diverted with unnecessar speculations . and thus it appears , that these sciences , after which his posterity pants , were not intended as noble appanages of the rational soul , but are rather toyish babies busk't up by fal'n man , whereby he diverts himself from reflecting too narrowly upon his native frailty . and thus scripture tells us , that god made man perfect , but that he sought out to himself many inventions , where perfection and invention seem to be stated as enemies ; and it is palpable , that these sciences , which are by us lawrel'd and rewarded , are such , as were inconsistent with that state of innocency , such as law , theology and physick . and as for the rest , it is absur'd to think , that adams happiness did consist in the knowledge of these things which we our selves account either impertinent or superfluous . but , that which convinces me most of this , is , that we forfeited nothing by adam's fall which christ's death restores not to us ; wherefore , seing christ by his own , or his apostles promises , hath not assured us of any sub-lunary or school knowledge ; nor hath our experience taught us , that sciences are entailed upon the saints , i almost believe , that adam neither possest these before , nor yet lost them by his fall . neither think i st. paul the more imperfect , that he desired to know nothing but christ and him crucified : so that the difference betwixt adam and his successors , stood more in the straightness of his affections , then in the depth of his knowledge . for , albeit it be believed , that the names whereby he baptised the creature , were full histories of their natures written in short hand ; yet , this is but a conjecture authorized by no holy text. it is a more civil error in the jewish talmudists , to think that all the creatures were brought to adam , to let him see that there were none amongst them fit to be his companion , nor none so beautifull as eve , then it is in their cabalists to observe , that the hebrew word , signifying man , doth , by a transposition of letters , signifie likewayes , benediction , and the word signifying woman , makes up malediction . if we should take a character of adam's knowledge from the scriptures , we shall find more imprudence charged upon him then upon any of his successors : for , albeit the silly woman was not deceived without the help of subtilty ; yet , adam sinned upon a bare suggestion , and thereafter was so simple , as to hide himself when god called him to an account , as if a thicket of trees could have sconced him from his all-seeing maker ; and when he was accused , was so simple , as to think his wives commands sufficient to exoner him , and so absurd , as to make god himself sharer with him in his guilt , the woman whom thou gavest me , &c. there is more charm in acquireing new knowledge , then in reflecting upon what we have already gain'd , ( as if the species of known objects did corrupt , by being treasur'd up in our brains ) and this induces me to believe , that our scantness of native knowledge , is rather a happiness then a punishment ; the citizens of london or paris are not so tickled by the sight of these stately cities , as strangers who were not born within their walls , and i may say to such , as by spelling the starres desire to read the fortunes of others , as our saviour said to peter , when he was desirous to know the horoscope of the beloved apostle , what is that to thee ? what can it advantage us to know the correspondence kept amongst the planets , and to understand the whole anatomy of natures skeleton ; in gazing upon whose parts , we are oft times as ridiculous as children , who love to leaf over taliduce pictures ; for in both variety is all the usury that can be expected , as the return of our time and pains ; and if we pry inly into this small ma●s of our present knowledge , we shall find , that our knowledge is one of the fertilest fountains of our misery : for , do not such as know that they are sick , groan more heavily then a countrey clown , who apprehends nothing till extremity creat in him some sense ? and doubtless the reason why children and idiots endure more , and drunken men escape mo dangers then others , is , because albeit they cannot provide such apt remedies , yet , they are less acquainted with what they feel then we are . are not these who understand that they are affronted , more vex'd then such as are ignorant of these misfortunes ? and these who foresee the changes and revolutions , which are to befall either their friends or their countries , are thereby more sadly diseased , then he who sees no further then his nose ? our saviour wept when he did foresee , that one stone of ierusalem should not be left upon another ; and when hazael askt elisha why he wept , he told him , it was because he did foresee what mischief hazael was to do in israel . let us not then complain of the loss of adam's knowledge , but of his innocency ; we know enough to save us , and what is more then that , is superfluous . adam cannot be thought to have been the first sinner , for eve sinned before him ; so that albeit it seem a paradox , yet it is most probable , that albeit adam had for ever abstained from eating the forbidden fruit , his posterity had been still as miserable as now they are ; seing the guilt of either of the parents had been sufficient to tash the innocency of the children . for , as the scripture tells us , who can bring a clean thing out of an unclean ? and david , in that text , which of all others speaks most expressly of original sin , layes the guilt upon her and confesseth only , that his mother had conceived him in sin . as adam was not the first sinner , so the eating of the aple may be justly thought not to be the first sin ; eve having , before his eating the aple , repeated most falsely the command : for , whereas god did assure them , that in that day they did eat the fruit , they should surely die , eve relates it thus , ye shall not eat the fruit , least ye die , representing only that as contingent which was most certain : and whereas god had only said , ye shall not eat of the fruit of the tree , eve sayes , god said , ye shall not touch it ; which it may be furnish'd the serpent this argument to cheat her , ye see god hath deceived you , for the fruit may be touched without danger , why may it not then be eaten without hazard ? and it is probable , that he hath failed in the one as well as in the other . but to abstract from this , it cannot be said , that the eating of the forbidden fruit was the first sin ; for , before adam did eat thereof , he behoved both to believe the serpent and mis-believe his maker , and thus mis-belief was the first sin : for , after he had credited the serpents report , he was no longer innocent , and so he did not eat the aple till after his fall . what wiser are these divines , who debate , whither adams falling-sickness and sin had become heriditarie , if our predecessors had come out of his loins before he sin'd , then these who combated for the largest share of the king of spains gold , if it had been to be devided ? in the almighties procedure against poor adam for this crime , his infinite mercy appears to admiration ; and god foreseeing , that man might sharpen the ax of justice too much upon the whet-stone of private revenge , seems to have , in this process , formed to him , an exact model of inquisition . for , he arraigns and cites adam , adam , where art thou ? he shews him his dittay , hast thou eat of the fruit whereof i commanded thee that thou shouldst not eat ? he allows him exculpation , who told thee ? and in order thereto , did examine the woman , upon whom adam did transfer the guilt . and albeit nothing could escape his omnisciency , and that he did see adam eat the aple , yet , to teach judges that they should walk according to what is proven , and not according to what they are themselves conscious to , he did not condemn him till first he should have a confession from his own mouth . and thus , gen. . . the lord sayes ▪ because the cry of sodom is great — i will go down and see whether they have done altogether according to the cry of it , &c. and in the last place , albeit the fatal decree did bear , in that day that thou eatest thereof , thou shalt surely die , yet , were his dayes prolonged a hundred and thirty years after the sin was committed . it is too curious a disquisition to enquire how god can be said to be mercifull , mercy being the mitigation of justice , of which his pure nature cannot be capable , seing whatever he wills is just : and so he cannot be thought in any thing which he wills to recede from justice , and so can no more properly be said to be mercifull , then one act can be both the law and the mitigation of the law. but i will press no point of this nature , knowing that humble modesty is the best theology . the vatican of paganism cannot , for the male-ness of it's stile , match that matchless book of genesis , whereof each sentence seems a quarry of rich meditations , and each word a spell , sufficient to conjure the devil of delphos . might not that excellent expression , let us make man after our image , convince any of the being of a trinity , who deny plurality of gods. it is wonderfull , that the saturn-humour'd jew can , in this passage , mis-take his own saviour ; and it is strange that he should not , from the triangular architecture of his own heart , conclude the trinity of the god-head , whose temple it was appointed to be . albeit i be an admirer of this nurse of cabalism ; yet , i approve not the conceit of these doting rabbies , who teach , that god from his own mouth , dited both the words and mater of the pentateuch ; whereas , he furnish'd only to the other prophets the mater and subject unphrased : for , not only did god promise , that he should put his words in their mouths , but likewayes , they preface thus their own prophesies , in the dayes of such a king , the word of the lord came to such a prophet , saying , &c. neither is this conceit consistent with that high esteem , which they , ( even in this ) intend for their patron , moses ; seing it allows him less trust from his divine master , then the other pen-men of scripture had reposed in them . that brain hath too little pia mater , that is too curious to know why god , who evidences so great a desire to save poor man , and is so powerfull , as that his salvation needed never have run the hazard , if his infinit wisdom had so decree'd , did yet suffer him to fall : for , if we enter once the lists of that debate , our reason is too weak to bear the burden of so great a difficulty . and albeit it may be answered , that god might have restrained man , but that restraint did not stand with the freedom of mans will which god had bestowed upon him ; yet , this answer stops not the mouth of the difficulty . for certainly , if one should detain a mad man from running over a precipice , he could not be thereby said to have wronged his liberty : and seing man is by many divines allowed a freedom of will , albeit he must of necessity do what is evil , and that his freedom is salv'd by a liberty to choose only one of moe evils , it would appear strange why his liberty might not have consisted well enough with a moral impossibility of sinning , and might not have been abundantly conserved in his freedom to choose one of moe goods : yet , these reasonings are the calling god to an account , and so impious . for , if god had first created man , surrounded with our present infirmities , could we have complained ? why then should we now complain , seing we are but faln to a better estate then we deserved ; seing we stumbled not for want of light ▪ but because we extinguish'd our own light , and seing our saviours dying for us may yet re-instate us in a happier estate then that from which we are now faln . albeit the glass of my years hath not yet turn'd five and twenty , yet the curiosity i have to know the different limbo's of departed souls and to view the card of the region of death , would give me abundance of courage to encounter this king of terrors , though i were a pagan : but , when i consider what joyes are prepared for them who fear the almighty , and what craziness attends such as sleep in methuselams cradle , i pity them who make long-life one of the oftest repeated petitions of their pater noster ; and yet these sure are the more advanc'd in folly , who desire to have their names enshrin'd after death in the airy monument of fame : whereas it is one of the promises made to the elect , that they shall rest from their labours , and their works shall follow them . most mens mouths are so foul , that it is a punishment to be much in them : for my own part , i desire the same good offices from my good name that i do from my cloaths , which is to skreen me from the violence of exteriour accidents . as these criminals might be judg'd distracted , who being condemned to die , would spend their short reprival in disputing about the situation and fabrick of their gibbets ; so may i justly think these literati mad , who spend the short time allotted them for repentance , in debating about the seat of hell , and the torments of tortur'd spirits . to satisfie my curiositie , i was once resolv'd , with the platonick , to take the promise of some dying friend , that he should return and satisfie me in all my private doubts concerning hell and heaven ; yet i was justly afraid , that he might have return'd me the same answer which abraham return'd to dives , have they not moses and the prophets ? if they hear not them , wherefore will they be perswaded though one should rise from the dead ? the millenar's ephimerides , which assures us , that christ shall reign a thousand years with the saints on earth , is as sensual an opinion as that of the turks , who make heaven a bordell , wherein we shall satisfie our venerious appetites ; for the one shews the vain glory and vindictive humour of the saints , as palpably as the other shews the lust of the mahumetans . if christs reigning som any years be for convincing the world that he is the real messiah , their heresie should have ante-dated his coming ; and his reign should rather have begun long since , when many ages were to be converted , or at least it should not have been thrust out upon the selvage and border of time , when very few shall remain to be convinc'd : and if in this they intend a displaying of christs glory , certainly they are mistaken ; for what honour can it be for a king , to have his footstool made his throne ? so that i think , these poor phanaticks have taken the patronage of this error rather by necessity then choice , all other opinions and conceits being formerly pre-ingaged to other authors . as i am not able , by the iacobsladder of my merits , to scale heaven , so am i less able , by the iacobs-staffe of my private ability , to take up the true altitude of its mysteries . i have travell'd no further in theology then a sabbath-dayes journey ; and therefore , it were arrogance in me to offer a map of it to the credulous world : but , if i were worthy to be consulted in these spiritual securities , i should advise every private christian , rather to stay still in the barge of the church with the other disciples , then by an ill bridled zeal , to hazard drowning alone with peter , by offering to walk upon the unstable surface of his own fleeting and water-weak fancies , though with a pious resolution to meet our saviour . for , albeit one may be a real christian , and yet differ from the church , which sayes , that the wise men who come to bow before our saviours cradle-throne , were three kings , and in such other opinions as these , wherein the fundamentals of faith and quiet of the church are no wayes concerned ; yet certainly , he were no wise man himself , nor yet sound christian , who would not even in these bow the flag of his private opinion to the commands of the church . the church is our mother , and therefore we should wed no opinion without her consent who is our parent ; or if we have rashly wedded any , it is in the power of the church and her officials to grant us a divorce . as for my self , my vanity never prompted me to be standard-bearer to any , either new sect , or old heresie ; and i pity such as love to live like pewkeepers in the house of god , busied in seating others , without ever providing a room for themselves . if there be any thing in this discourse which may offend such as are really pious , it shall much grieve me , who above all men honours them most . what i have spoken against cases of conscience and the like , strikes not against their christian fellowship and correspondence , but against the apish fopperies of prentending counterfeits . it shall alwayes be my endeavour for the future , rather to drop tears for my own sins and the sins of others , then yrk for their conversion : our prayers help such as never heard them , whereas these only who read our discourses are better'd by them . abrahams prayers prevailed more with god ( even for sodom ) then lot's re-iterated sermons ; and no wonder that the success be unequal , seing in the one we have to do with a mercifull god , whereas in the other we must perswade a hard-hearted people . i intend not to purchase from posterity the title of reformer , seing most of these have faln under the same guilt ; and have had the same fate , with that curious painter , who having drawn an excellent face , as happily as could have been expected from the smoothest mirrour , did thereafter dash it afresh upon the suggestion of each intrant , till at last he reformed it from being any way like to the original . divinity differs in this from all other sciences , that these being invented by mortals , receive growth from time and experience ; whereas , it being penn'd by the omniscient spirit of god , can receive no addition without receiving prejudice . it is most remarkable , that our saviours prayers , his sermons and the creed , delivered to us by his apostles , were roomed up in farr narrower bounds then these of our times , which an hidropsie of ill concocted opinions hath swell'd beyond their true dimensions : many whereof have either been brooded by vanity or interest ; or else ignorant and violent defendents being brought to a bay , by such as impugn'd their resolv'd-upon principles , have been forc'd to assert these by-blow and preter-intentional tenets ; and having once floored them , have thereafter judg'd themselves concerned to defend them , in point of scholastick honour . some well-meaning christians likewayes , do sometimes , for maintenance of what is lawfull and pious , think , that they may lawfully advance opinions , which otherwayes they would never have allowed of ; and as in nature we see , that the collision of two hard bodies makes them rebound so much the further from one another , so opposition makes both parties fly into extremeties . thus i believe , that the debates betwixt roman-catholicks and protestants , concerning the virgin mary , have occasion'd , in some amongst both , expressions , if not hereticall , yet aleast undecent . thus a great many confessions of faith become , like noahs ark , a receptacle of clean and unclean : and which is also deplorable , they do , like ordinar dyals , serve only for use in that one meridian for which they are calculated , and by riding twenty miles ye make them heterodox . i speak not this to the disparagement of our own church , ( which i reverence in all it's precepts and practices ▪ ) but to beget a blushing conviction in such as have diverted from it ; and whose conventicles , compared with our ierusalem , resemble only the removed huts of these who live a part , because they are sick of the plague . i am not at a maze , to see men so tenacious of contrary principles in religion ; for , man's thoughts being vast and various , he snatches at every offered suggestion , and if by accident he entertain any of these many , as a divine immission , he thereafter thinks it were blasphemy to bring that thought to the test of reason , because he hears that faith is above reason , or to relinquish it , because the common suffrage of his country runs it counter , seing he is taught even by them , that the principles of belief must not be chosen by the pole. and seing faith is above reason , ( albeit , as i said formerly , it would seem otherwise ) i wonder not to see even the best temper'd christians , think that which is not their own religion to be therefore ridiculous . my design all alongst this discourse , butts at this one principle , that speculations in religion are not so necessary , and are more dangerous then sincere practice . it is in religion as in herauldry , the simpler the bearing be , it is so much the purer and the ancienter . i will not say that our school-distinctions are the impressions of the devils cloven foot ; but i may say , that our piety and principles scarce ever grow after they begin to fork in such dichotomies ; which , like iacob and esau , divide and jar as soon as they are born : and betwixt whom , the poor proposition , out of which both did spring , is like a malefactor , most lamentably drag'd to pieces . i have endeavoured to demonstrat , that dogmaticalness and paralitick scepticisme , are but the apocrypha of true religion ; and i believe the one begets the other , as a toad begets a cockatrice : for the sceptick perceiving , that the magisterial dogmatist erres ( as these must erre somewhere who assert too much ) even in these things whereof he affirms , he is as sure , as of any principle in religion , ( which is their ordinary stile ) he finding out their error in one of their principles , is thereby emboldned to contravert all . this being the scope of this essay . i wish that these who read it would expound it as divines do parables , quae non sunt argumentativa ultra suum scopum . i doubt not but some will think me no less absurd in writing against vanity , whilst i am so vain my self as to write books , then the philosophers were judged of old , for denying motion whilst their tongues mov'd in their cheek ; but , to these my answer shall be , that finding many grovelling in their errors , i have , in this essay , proffer'd them my assistance , not to shew my strength but my compassion . the multitude ( which albeit it hath ever been allowed many heads , yet was never allowed any brains ) will doubtless accuse my studies of adultery , for hugging contemplations so excentrick to my employment ; to these my return is , that these papers are but the pairings of my other studies , and because they were but pairings , i have flung them out into the streets . i wrote them in my retirements when i wanted both books and employment , and i resolve that this shall be the last inroad i shall ever make into forreign contemplations . there are some thoughts in this peece which may seem to rebell against the empire of the schools ; yet , who knows but my watch goes right , albeit it agree not with the publick clock of the city , especially where the sun of righteousness hath not , by pointing clearly the dyal of faith , shewed which of the two are in the error . there are some expressions in it , which censure may force to speak otherwayes then they have in commission ; yet none of them got room in this discourse , untill they first gave an account of their design to a most pious and learned divine : and so , it may be the lines are of themselves streight , albeit they lye not parallel with each censurers crooked rule . as this discourse intends , for the divines of our church , all respect ; so all that is in it , is most freely submitted to their censure . the author intended this discourse only as an introduction to the stoicks morals , but probably , he will , for many years , stop here . errata . blurres in the copy and the authors absence occasioned these errata's , which must be helped before reading , seing they destroy both the sense and soundness of the discourse . in the preface , p. . l. . for prophet , read iehouadab : p. . f. taps r. tops . p. . l. . add some before episcopists and presbyterians . p. . l. . f. all r. almost all . in the book , p. . l. . f. hath no , r. seems to have no. p. ● . l. . f. is but a conceit , r. seems but a conceit . p. . l. . f. continual r. extraordinar . p. . l. . f. triumphant , r. militant . p. . l. . f. ever any , r. few have . p. . l. . f. excrementilius , r. excrementitius . p. . l. . f. an allegory , etc. r. that there run many hid allegories from genesis to johns revelations , wherein the mystical sense deserves likewayes the name of gods word . p. . l. . add , yet this is but a sophisme ; for , seing our bodies are the temples of the holy ghost , we can no more bestow them upon such uses , then a church-warden can give the use of the church to taverners , p. . l. . f. thundered from mount sinai , r. delivered in almost one context with that law which was thundred from mount sinai . p. . l. . f. an unbyassed enquiry it will appear , r. upon an superficial enquiry it would appear . by the laws of his countrey , p. . and elsewhere , the author means , that religion which is setled by law. in other expressions , the author recommends himself to the gloss of the readers charity . finis notes, typically marginal, from the original text notes for div a -e atheisme . superstition . why the world was created . eternity . providence . theology . the strictness of churches . the scrip tures . the moral law. the judicial law. monsters . man & his creation . the immortality of the soul. faith and reason the fall of angels . the sin of the angels was the sin against the holy ghost man's fall . the stile of genesis . why man fell . the millenaries refuted . the authors censure of this essay , and an account of his design his apology . notes for div a -e ☞ [t]o the right honourable, [the betrusted knights, citizens, [illegible] i]n the commons house of parliament (englands legall soveraign power) the humble petition of the inhabitants of buckingham-shire, and hartfo[rd]shire, whose names are hereunto subscribed. overton, richard, fl. . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing o thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) [t]o the right honourable, [the betrusted knights, citizens, [illegible] i]n the commons house of parliament (englands legall soveraign power) the humble petition of the inhabitants of buckingham-shire, and hartfo[rd]shire, whose names are hereunto subscribed. overton, richard, fl. . sheet ([ ] p.) s.n., [london : ] signed at end: richard overton. imprint from wing. annotation on thomason copy: "march: st ". reproduction of the original in the british library. eng prisoners -- legal status, laws, etc. -- early works to . great britain -- politics and government -- - -- early works to . buckinghamshire (england) -- history -- th century -- early works to . a r (thomason .f. [ ]). civilwar no to the right honourable, the betrusted knights, citizens, and burgesses in the commons house of parliament (englands legall soveraign power, overton, richard c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - elspeth healey sampled and proofread - elspeth healey text and markup reviewed and edited - pfs batch review (qc) and xml conversion to the right honourable , the 〈…〉 n the commons house of parliament ( englands legall soveraign power the humble petition of the jnhabitants of buckingham-shire , and hartfordshire , whose names are hereunto subscribed . hvmbly sheweth ; that your petitioners , and the rest of the free-men of england , before the beginning of this parliament , being almost destroyed of their lawes , liberties , and freedoms , by the arbitrary machinations , politick designes , and practises of the pattentee-monopolizers , and of other arbitrary supplanters and agents , which laboured to subvert the fundamentall constitutions of this realm , and to set up a tyrannicall government , tending to the utter vassalage and overthrow of all the free people of this kingdome , together with their naturall , nationall , and legall rights and liberties , god putting into our hands , an opportunity to free our selves from those tyrannies and oppressions ; we , for our better weal and happinesse , chose and betrusted your honours for the same end and purpose ; and to that end wee have elected , invested , and betrusted you with our indubitable and naturall power and birth-rights , for the just and legall removall of our nationall evils ; in the expectation whereof , we have waited ever since your first sitting ; continually and cheerfully assisting you with our lives , persons , and estates , being much encouraged thereto by the severall protestations , and declarations , wherein you have solemnly protested before the great god of heaven and earth , and to the whole world declared your upright and wel grounded resolutions , to vindicate the just liberties of every free-born english man without exception . now therefore , our most humble request unto your honours , is , that you would ( according to your duties , and the great trust reposed in you ) take into your consideration , the slavish condition , that we the free people of england are yet subject unto , by reason of those arbitrary practises that are still continued , acted , and perpetrated upon us by some prerogative-men of this kingdom ; whom we humbly conceive , have no power over our bodies or estates , they being not elected thereunto by the free-men of england ; and therefore may not commi● our bodies to prison ( contrary to the fundamentall lawes of this kingdom ) as we suppose hath been done to some free-men of this kingdome without producing any legall authoritie , that your petitioners can hear of ; for what they did . wherefore your petitioners most humble desire is , that you would , according to the respective appeales of the said free subjects unto this supreame house , be pleased to take their cause into the legall judgment , and speedie determination of this house , as the whole matter thereof shall be reported unto you , by the honourable committee , for consideration of the commons liberties , who have their whole manner of the proceedings against them , together with their respective defences ready to represent unto your honours , and to grant unto them your indubitable justice ( according to their late petitionarie , and still constant desires ) whereby they may receive the sentence of this house , either for their present justification , or condemnation ; that they may not be ruined and undone by an arbitrary and injustifiable imprisonment . and if that , through the urgent affaires of the kingdome , your occasions will not afford you so much time , as to consider and expedite their businesse at present : our humble request is , that you would by an order from this house , forthwith set them free out of prison ; they giving legall security for their future forthcoming , until such time as your honours shall be pleased to hand out to them full and effectuall justice . and that you would be pleased , in case the principall informers and actors be found guilty , to grant them full and ample reparations according to the law of the land . and further , that you would take care , for the time to come , to free us and our children from the fear and prejudice of the like arbitrarie and prerogative-proceedings , according to your late promise in your most just declaration of the . of april , . and your petitioners as in duty bound shall ever pray , &c. instructions agreed upon as the sence of the petitioners of buckingham-shire , and hartfordshire . first , the persons imprisoned , lieutenant collonel iohn lilburne , mr. overton , his wife and brother , mr. larners , brother and maid , &c. secondly , by prerogative-men , we mean such as sit to try commoners , and are not elected by the free choyce of the people . thirdly , by arbitrary practises , we meane such as are contrary to the law of the kingdome . as first , for any persons to try those that are not their peers or equalls : witnesse magna charta . c. , e. . . . sir edward cookes exposition of the . and . chapters of magna charta , &c. ( as the house of lords have done and would have done all the above mentioned . ) secondly , for any to imprison men for not answering to interrogatories in criminall causes . to the reader , this petition was signed with almost ten thousand hands , and was brought to the parliament on the . of febr. . with about . gentlemen and yeomen , who did not find that faire accesse unto the parliament that they expected . in which regard , they went all out of the town , saving six whom they chused out from among themselves , as commissioners . with whom they left the aforesaid instructions to explain somthings in the petition , in case it were demanded of them , and also gave them further order to improve their utmost interest to get the petition read and answered . but , those they had to deale with , bearing ( as it seemes ) a greater affection to the tyranny of the house of lords , then to the liberties and freedoms of those that choose , and trusted them , would not vouchsafe it a reading in their house , though the aforesaid commissioners attended many dayes at the doores of the house , and with all earnestnest , and faithfulnesse pressed to have it read , but could not prevaile , and so were forced in great discontent to returne to their severall dwellings , and truly to acquaint the rest of their fellow-petitioners , what hard dealings they had found from the hands of the peoples great trusties at westminster . but in regard that my selfe and all the commons of the kingdom , are so much concerned in this petition ; i therefore out of an apprehension of a singular duty have published to my selfe , and to the whole nation , to the view of all the commons of england the petition with the instructions , and these few lines , and remain , thy true friend , if thou be true to the liberties of the commons of england . richard overton . prerogative-prisoner in ! newgate , a letter formerly sent to dr. tillotson, and for want of an answer made publick, and now reprinted with the said doctor's letter to the lord russel a little before his execution. approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing l estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a letter formerly sent to dr. tillotson, and for want of an answer made publick, and now reprinted with the said doctor's letter to the lord russel a little before his execution. tillotson, john, - . p. s.n., [london? : -?] caption title. place and date of publication sugggested by wing ( nd ed.) reproduction of original in the british library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng tillotson, john, - . church and state -- england. great britain -- history -- revolution of . great britain -- politics and government -- - . - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion a letter formerly sent to dr. tillotson , and for want of an answer made publick and now reprinted ; with the said doctor 's letter to the lord russel a little before his execution . to the reader . the author of the following letter sent the original to mrs. tillotson for her husband , and a copy of it to my lady derby , for the princess of orange , several months ago ; and when he writ it , he hoped the members of parliament would have been , against the sessions , awakened by their disappointments and taxes , to consider aright , what is the present state of this miserable nation , and how much worse is our future prospect ; and had he found them in that temper , and acting steddily for their countrey , he had thoughts to have presented with his own hands , his reasons , why he thinks they have wronged king james , over-rated their disease , and mistaken their cure ; and he would also have given in proposals , how the king may be restored , without hazard , either to our religion or property ; and this the author would have done , because he thinks , that if either reason or religion would prevail , such an offer must have had some weight ; but whilst the whigs as much sacrifice their understandings to support this change , as the tories did their consciences to make it , a man would be reckoned mad that attempted in such a manner to reclaim such a sett of men , as have no more publick spirit , than what lies in wrangling for their particular parties ; or common sense , than what is p●oper to get into pensions , and places , that , at the witty sir charles sidley once said in the house , they may charge in armor . how wild a project too , would it be to offer reason to men that so little know their own minds , that are so inconstant , as that what they pass unanimously one sessions , they throw out the next , as they have done the judges bill ? the author would venture himself against great odds , if it was but an even wager , that england might reap good by so bold an undertaking ; for he sees slavery coming on so fast , that he thinks life will be a burden to an honest and free spirit ; yet nothing that cato ( were he here ) could do , or suffer , would repair our broken constitution , unless god teaches our senators more wisdom , or is pleased to teach the people that a house of commons may as scandalously abuse the trust they repose in them , as some of his ministers did king james ; which that he may , is the hearty prayer of the author , both for the sake of the english liberties , and protestant religion ; for the sake of the very being of the one , and the honour of the other . the letter . sir , i shall preface what i am about to say , with an assurance , that i have formerly had the greatest veneration for you , as well for your piety as good sense and learning ; that my notions of government are so large , that the first thing that i ever doubtfully examin'd , that had your name affix'd to it , was the letter to my lord russel : but your actions since do less quadrate with that opinion i had of your sincerity , and seriously make me address my self to you , to know how you reconcile your present actings to the principles either of natural or revealed religion ; especially , how you reconcile them to the positions and intentions of that letter ; and consequently , whether you have a belief of god , and a world to come . sir , i think it a very extravagant maxim in government , to affirm all insurrections which are only levell'd at reformation , and designed to correct mal-administration , and the authors of them , and thereby ( when the common methods are at a loss ) to let the king know , what are the measures of his government , the voice and interest of his people , that so justice and mercy may prevail against illegal courses and his flattering minions , and that the rights of his crown a●d the privileges of his people may be adiusted and preserved . i say , i think it an extravagant position , to affirm ▪ that what may be so conducive to publick peace , and the maintenance of a constitution , and the general ends of all government , is illegal : yet i have often thought , that the oath that expects a man should swear it unlawful , upon any pretence whatsoever , to rise in arms against the king , or any commissioned by him , intended to establish this wild civil article ; and i thought your lordship writ upon so solemn an occasion , designing to justifie the purport and doctrin of that oath ; which was carrying loyalty to a higher pitch than i ever thought necessary to make a good man , or a good christian. but , sir , to lay your letter aside at present , give me leave to examin this revolution with the most impartial desire of being informed ; for i solemnly invoke god almighty to attest , that my non-compliance with k. william and q. mary's title and administration , is founded upon scruples of conscience , to which i yet want satisfactory answers . i am a protestant of that size , that i hope god would enable me to undergo all the persecution that the malice of men and devils can invent , rather than one moment prostitute my conscience so far as to give any reasonable umbrage for protestants to suspect , or papists to hope , i could be made a convert to the church of rome . i love my country better than my wife and children ; and certainly therefore so much , that i would for no interest in the world disquiet the present settlement , if i thought it was fit for an honest man to comply with it . i have no personal obligations to king james ; and i thank god i have an obstinate honesty , that will scarce allow me to be acceptable to any king. whatever i have done , or shall do , for the exil'd prince , is upon meer motives of conscience . i have no reason to believe my self uncapable of being forgiven , or perhaps employed , under the present government ; my r●lations and frie●ds are many of them violent , and almost all at least for it . but let us begin with the revolution : i acknowledge king james's ministers gave great provocations ; i could have joined with any but a foreigner to have rescu'd our liberties ; and yet i must as freely declare , i saw nothing done that would have been too hard for a parliamentary redress , or at least for the intrinsick power of this island , the natural weight of those who are sensible of their religion and property : but i cannot tell how any provocations tha● were given the people of england , can justifie the invasion of a nephew and a son-in-law . i cannot tell by what distinctions in morality the dutch could salve their denial , by their ambassador , that those forces were designed for england ; i cannot imagin what dispensation gave them and the subjects of england liberty to tell so many things that were notoriously untrue , that they knew then to be untrue , and that have been much more apparently proved so by the sequel of things . sure the morality of the decalogue is not abolished : let us see how many of the commandments are broken ; has not mammon been made a god , and a crown an idol , to which the p. of orange and his adherents have sacrific'd the lives of many thousands of men , as well as the reputation of our religion , besides a vast treasure ▪ tho' it is not fit to be named after the other two immolations ? have they not taken god's name in , when they consecrated to the preservation of religion the injuries and violations of it , of which they have been guilty ? i do not know whether you are a strict sabbatarian ; i believe not , and will acknowlege i am none : but i think the nation grosly perverts the ends of humiliations and fastings , and appointed days for god's worship , whilst they pray to god to prosper any immoral enterprize . for god's sake , and the sake of your soul , and the sake of your queen's soul , study the fifth commandment , tho' the performance of it has the promise of length of d●ys in this life , the breach of it ( if any religion be true ) will plunge her into miseries of a longer duration ; she has partaken with thieves and liars against her own father ; she is a receiver of what has been by them from him wrongfully taken away , unless it can be proved that the crown of england is elective , the kings of it punishable and deposable . if this is right , you know , sir , all our law-books are in the wrong , for they say , the king can do none ; that he is not accountable to the people , collectively or representatively ; and that the monarchy of england is hereditary . this is all in the original contract of our statute-books and law cases . sir , you know these things , you cannot plead ignorance , nor can you believe abdication : you know the treatment the king had from the p. of orange and his own subjects , and cannot believe he voluntarily resigned . are not then our judges , our juries , our fleets , and our armies , guilty of murther , in opposing king james 's return ? don't your queen list so many assassins , whilst she commissions them for that pu●p●se ? is it not as unlawful to steal a crown as a trifle ? and till they have recanted all the false accusations which were countenanced by the prince of orange and his princess , and were instrumental towards the getting of these crowns , do they not violate the ninth commandment , as well as covet their neighbours ( their fathers ) goods ? the civil and natural obligations the prince and princess of orange have to king james aggravate their crime ; and , if it were not almost levity to say so here , i would add as another aggravation , their having coveted too many of king james's servants . the king of england does every thing by his officers ; they are impeachable , they are punishable : the king ( who we always said was not so ) is dethron'd , whilst those are imploy'd in this government , who were the disgraces and instruments of the last . but i don't intend a libel , and therefore will not enter into an account of such matters ; i will neither give the present ministers their characters , nor shew how little , as meer men and subjects , we are the better for the change. but i fear , whoever reflects without heat or byass upon what i have said , will find we have lost at least nine of the ten commandments , which is exceeding popery in our index expurgatorius with a witness . but , to come to your more particular case , i beseech you to publish some discourse ( if you can clear things ) to demonstrate either your repentance of what you writ to my lord russel , or the reasons that make that , and what you now do , consistent ; and that you , with the usual solidity with which you treat upon other subjects , justifie the proce●dings , and explain the title of k. william . i know no body has a stronger and clearer head , and if you have truth on your side , you can write unanswerable . god's glory , the reputation of the protestant religion is at stake ; your own good name calls for it ; and more especially because you have accepted a most reverend and devout man's archbishoprick ; a man that has given testimony how unalterably he is a protestant ! a sufferer formerly for the laws and church of england ; a sufferer for those very principles upon which that letter to my lord russel was writ ; for those very principles which you disputed for ( when he was about to communicate ) when he had so short a time to live , nay , you remembred him of even upon the scaffold , with the dreadful commination of eternal wo. really , sir , if there be any truth , if there be any virtue , if there be any religion , what shall we say to these things ? what will you say to them ? you must be at the pains to clear this matter , that we may not believe the boundaries of right and wrong , the measures of violence and justice quite taken away , that we may not be tempted to speculative , and from thence to practical atheism . this change has made many sober men sceptical , and gon farth●r towards eradicating all the notions of a deity , than all the labours of hobbs and epicurus ; and your part in it has , i must confess , more stagger'd me than any one thing else : i have been ready to suspect that religion it self was a cheat , and that it was a defect in my understanding , that i could not see through it ; for , i think , if i can know my right hand from my left , our prese●t government stands upon foundations that contradict all those discourses which you , as well as others , have lent to passive obedience . the excessive value i have for you , for your knowledge , your judgment , y●ur largeness of spirit , your moderation , and many other great qualities that ●ave signaliz●d your name , once made you one of the greatest ornaments of the christian church , one of the greatest exemplars of sound morality , and all that philosophers call virtue , make what seems to me an apostacy from what you preached and writ , pretended to believe , and would have others to belive , shake me so violently in the first credenda of religion , that i beseech you , if you think it necessary upon no other account , that you will publish such a discourse , at least , for the satisfaction of mine , and the consciences of many others , who i can assure you of my own knowledge , lie under the same scruples with my self , have the same scruples in relation to the government , and the same temptations to question religion it self upon your account : it is the interest of the government to satisfie such men ; and if you think that we ought particularly and privately to apply our selves to you , our number is so great that it would be too constant a trouble for any one man to undergo ; nor can we safely debate a point of this nature ; nor can you expect men should trust themselves under the protection of your honour , whilst they think you have in the face of the world , so grosly prevaricated both from that and what ought to be a principle of a higher nature , the dictates of your own conscience . we would as soon deliver our reasons at the door of a house of commons , and i am not sure that the same spirit of integrity , which has hindred me from succumbing under what we think an usurpation , will not the next time there is an assembly there carry me that length , ( if i don 't in the mean time publickly hear from you . ) i beg of god almighty ( in whose being i bless his name i yet believe ) to lay a happy constraint upon me , to do what may be most for his glory , and the good of these nations ; and i earnestly supplicate him , that he will enable me to suffer what-ever may be necessary for those great ends , and that he will incline you either to publish y●ur reasons or repentance . to his blessed guidance and protection i heartily recommend you . advertisement . ⁂ since dr. burnet's pastoral letter is burned by the common hangman , according to the order of the house of commons ; it 's therefore now far more necessary that you or he should explain king william's title , and what you have now to say against the following letter to my lord russel . dr. tillotson's letter to the lord russel . my lord , i was heartily glad to see your lordship this morning in that calm and devout temper at receiving the blessed sacrament ; but peace of mind , unless it be well grounded , will avail little : and because transient discourse many times hath little effect for want of time to weigh and consider it ; therefore in tender compassion of your lordship's case , and from all the good will that one man can bear to another , i do humbly offer to your lordships deliberate thoughts these following considerations concerning the points of resistance , if our religion and rights should be invaded , as your lordship puts the case ; concerning which i understood by dr. burnet , that your lordship had once received satisfaction , and am sorry to find a change. first , that the christian religion doth plainly forbid the resistance of authority . secondly , that though our religion be established by law , ( which your lordship urges as a difference between our case , and that of the primitive christians , ) yet in the same law , which establishes our religion , it is declared , that it is not lawful upon any pretence whatsoever to take up arms , &c. besides that , there is a particular law declaring the power of the militia to be solely in the king. and that ties the hands of the subjects , though the law of nature and the general rules of scripture had left us at liberty ; which , i believe , they do not , because the government and peace of humane society could not well subsist upon these terms . thirdly , your lordships opinion is contrary to the declared doctrine of all protestant churches ; and though some particular persons have taught otherwise , yet they have been contradicted herein , and condemned for it by the generality of protestants : and i beg your lordship to consider how it will agree with an avow'd asserting of the protestant religion , to go contrary to the general doctrine of protestants . my end in this is to convince your lordship , that you are in a very great and dangerous mistake ; and being so convinced , that which before was a sin of ignorance , will appear of a much more heinous nature , as in truth it is , and call for a very particular and deep repentance ; which if your lordship sincerely exercise upon the sight of your error , by a penitent acknowledgment of it to god and men , you will not only obtain forgiveness of god , but prevent a mighty scandal to the reformed religion . i am very loth to give your lordship any disquiet in the distress you are in , which i commiserate from my heart ; but am m●ch more concerned , that you do not leave the world in a delusion and false peace , to the hindrance of your eternal happiness . i heartily pray for you , and beseech your lordship to believe that i am with the greatest sincerity and compassion in the world , my lord , your lordships most faithful and afflicted servant , john tillotson , dr. tillotson's last prayer at the execution of the unfortunate lord russel . o almighty and merciful god , with whom alone live the spirits of just men made perfect , after they are delivered from these earthly prisons ; we humbly commend the soul of this our dear brother into thy hands , as into the hands of a faithful creator , and most merciful saviour ; humbly beseeching thee , that it may be precious in thy sight : wash it , o lord , from all its guilt in the blood of the immaculate lamb that was slain to take away the sins of the world ; that whatsoever defilements it may have contracted in the midst of this wicked world , by the lusts of the flesh , or the wiles of satan , being purged and done away by a sincere and unfeigned repentance , through thy infinite mercy and goodness in our lord jesus christ , it may be presented pure and holy , and without spot , before thee . o lord , we humbly beseech thee to support thy servant , and stand by him in this last and great contest ; deliver him from the pains of eternal death , and save him , o lord , for thy mercies sake ; and grant that all we who survive , by this and other instances of thy providence , may learn our duty to god and the king ; and that by this , and other like spectacles of our mortality , we may see how frail and uncertain our condition is in this world , that it is all but vanity ; and teach us so to number our days , that we may seriously apply our hearts to that holy and heavenly wisdom while we live , which may bring us to life everlasting , through jesus christ our lord : in whose holy name and words we conclude our prayers . our father , &c. it being credibly and confidently reported , that you , sir , immediately after the execution , went to visit that excellent lady my lady russel , and assur'd her , amongst other expressions to comfort her , that you wish'd your soul might go to the same place whither my lord 's was gone : i beseech you to make mankind understand that expression , or vindicate your self from the imputation wherewith this story charges you . finis . englands standard advanced in oxfordshire, or, a declaration from mr. vvil. thompson, and the oppressed people of this nation, now under his conduct in the said county. dated at their randezvouz, may . . whereunto is added an agreement of the free people of england, as the grounds of their resolutions. thompson, william, d. . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing t thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) englands standard advanced in oxfordshire, or, a declaration from mr. vvil. thompson, and the oppressed people of this nation, now under his conduct in the said county. dated at their randezvouz, may . . whereunto is added an agreement of the free people of england, as the grounds of their resolutions. thompson, william, d. . lilburne, john, ?- . [ ] p. s.n.], [london : printed in the yeer, . an expanded edition of "englands standard advanced", published in the same year. includes a reprinting of: lilburne, john. an agreement of the free people of england. signatures: a⁴. annotation on thomason copy: "with enlargment"; "may ". reproduction of the original in the british library. eng great britain -- history -- commonwealth and protectorate, - -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason e _ ). civilwar no englands standard advanced in oxfordshire, or, a declaration from mr. vvil. thompson, and the oppressed people of this nation, now under his thompson, william f the rate of defects per , words puts this text in the f category of texts with or more defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - angela berkley sampled and proofread - angela berkley text and markup reviewed and edited - pfs batch review (qc) and xml conversion englands standard advanced in oxfordshire , or , a declaration from mr. vvil . thompson , and the oppressed people of this nation , now under his conduct in the said county . dated at their randezvouz , may . . whereunto is added an agreement of the free people of england , as the grounds of their resolutions . printed in the yeer , . englands standard advanced in oxfordshire , or a declaration from mr. will. thompson , and the oppressed people of this nation , now under his conduct in the said county . dated at their randezvouz , may . . whereas it is notorious to the whole world , that neither the faith of the parliament , nor yet the faith of the army ( formerly made to the people of this nation , in behalf of their common right freedom , and safety ) hath been at all observed , or made good ▪ but both absolutely declined and broken , and the people onely served with bare words , and fair promising papers , and left utterly destitu●● of all help or delivery : and that this hath principally been by the prevalency and treachery of some eminent persons ( now domineering over the people ) is most evident the solemn engagement of the army at new-mark ▪ & trip●-heaths , by them destroyed , the councel of agitators dissolved , the blood of war , shed in time of p●ace , petitioners for common freedom suppressed by force of arms , and petitioners abused and terrified , the lawful tryal by twelve sworn men of the neighbor-hood , subverted and denyed , bloody and tyrannical courts ( called an high court of justice , and the councel of state ) erected , the power of the sword advanced and ▪ set in the seat of the magistrates , the civil laws stopt and subverted , and the military introduced , even to the hostile seizure , imprisonment , tryal , sentence and execution of death , upon divers of the free-people of this nation , leaving no visible authority , devolving all into a factious junc●● and councel of state , usurping and assuming the name stamp , and authority of parliament , to oppress torment , and vex the people , whereby all the lives , liberties , and estates , are all subdued to the wills of those men , no law , no justice , no right or freedom , no ease of grievances , no removal of unjust barbarous taxes , no regard to the cryes and groans of the poor to be had , while utter beggery and famine ( like a mighty torrent ) hath broke in upon us , and already seized upon several parts of the nation . wherefore , though an inavoydable necessity , no other means left under heaven , 〈◊〉 inforced to betake our selves to the law of nature , to defend and preserve our selves and native rights ; and therefore are resolved as one man ( even to the hazard and expence of our lives and fortunes ) to endevor the redemption of the magistracy of england , from under the force of the sword , to vindicate the petition of rights to set the unjustly imprisoned free , to relieve the poor , and settle this common-wealth upon the grounds of common right , freedom ▪ and safety . be it therefore known to all the free people of england , and to the whole world , that ( chusing rather to die for freedom , then to live as slaves ) we are gathered and associated together upon the bare accompt of englishmen , with our swords in our hands , to redeem our selves , and the land of our 〈◊〉 , from slavery and oppression , to avenge the blood of war , shed in the time of peace , to have justice for the blood of mr. arnold , shot to death at ware , and for the blood of mr. 〈…〉 , and divers others , who of late , by martial law , were murthered at london . and upon this our engagements , in behalf of the common-wealth , we do solemnly agree and protest , that we will faithfully ( laying all self respects aside ) endevor the actual relief , and settlement of this distressed nation . and that all the world may know particularly , what we intend , and wherein we will particularly center and acquiesce for ever , not to recede of exceed the least punctilio ; we declare from the integrity of our hearts , that by the help and might of god , we will endevor the absolute settlement of this distracted nation , upon that form and method , by way of an agreement of the people , tendered as a peace offering by l. c. joh. ●●burn , mr will. walwyn , mr. tho. prince , and mr. rich. overton , bearing date may . the which we have annexed to this our declaration , as the standard of our engagement , thereby owning every part and particular of the premisses of the said agreement , promising and resolving , to the utmost hazard of our lives and abilities , to pursue the speedy and full accomplishment thereof , and to our power , to protect and defend all such as shall assent or adhere thereunto ; and particularly , for the preservation and deliverance of lieut. col. john li●burn mr. william walwyn , mr. thomas prince , mr. richard overton , cap. bray , and mr. william sawyer , from their barbarous and illegal imprisonments . and we declare , that if a hair of their heads perish in the hands of those tyrants that restrain them , that if god shall enable us , we will avenge it seventy times seven fold , upon the heads of the tyrants themselves , and their creatures . and that till such time , as by gods assistance , we have procured to this nation , the declared purpose of this our engagement , we will not divide nor disband , nor suffer our selves to be divided , nor disbanded , resolving with soberness and civility to behave our selves to the country , to wrong nor abuse any man , to protect all to our power , from violence and oppression , in all places where we come ; resolving to stop the payment of all taxes or ses●ments whatsoever , as of excise , tythes , and the tax of ninety thousand pounds per mensem , &c. and having once obtained a new representative , according to the said agreement , upon such terms and limitations therein expressed , we shall then freely lay down our arms and return to our several habitations and callings and concerning the equity , necessity , and justice of our undertaking , we appeal to the judgment of the oppressed , betwixt their destroyers and us ; whether by the law of god , of nature , and nations , it be not equally justifiable in us , to engage for the safety and deliverance of this nation , as it was with the netherlanders , and other people for theirs ; and that upon the same principles that the army engaged at new market , and triple heaths ; both parliament and army declaring , that it is no resistance of magistracy , to side with just principles and ●aw of nature and nations ; and that the souldiery may lawfully hold the hands of that general , who will turn his canon against his army , on purpose to destroy them ; the sea men the hands of that pilot , who wilfully runs his ship upon a rock : and therefore , ( the condition of this common wealth considered ) we cannot see how it can be otherwise esteemed in us . and upon that account we declare . that we do own , and are resolved to own all such persons , either of the army or countreys , that have already , or shall hereafter , rise up and stand for the liberties of england , according to the said agreement of the people : and in particular , we do own and avow the late proceedings in colonel scroops , colonel harrisons , and maior general skippons regiments , declared in their resolutions published in print ; as one man resolving to live and die with them in their and our lust and mutual defence . and we do implore , and invite all such as have any sense of the bonds and miseries upon the people ; any bowels of compassion in them ; any piety , justice , honor , or courage in their brests ; any affections to the freedoms of england ; any love to his neighbor or native country to rise up , and come in to help a distressed , miserable nation , to break the bands of cruelty , tyranny , and oppression , and set the people free . in which service , trusting to the undoubted goodness of a iust and righteous cause , we shall faithfully discharge the utmost of our endevors ; not sparing the venture of all hardships and hazards whatsoever , and leave the success to god . signed by me william thompson at our randezvouz in oxfordshire 〈…〉 ; in behalf of my self , and the rest engaged with me , may . . the agreement before mentioned here followeth , viz. i. that the supreme authority of england , and the territories therewith incorporated shall be and recide henceforward in a representative of the people ; consisting of 〈◊〉 persons , but no more : in the choice of whom ( according to naturall right ) all men of the age of one and twenty years and upwards ( not being servants or receiving 〈◊〉 having served the late king in arms or voluntary contributions ) shall have their voices and be capable of being elected to that supream trust those who served the king being disabled for ten years only . all things concerning the distribution of the said four hundred members , proportionable to the respective parts of the nation , the severall places for election , the manner of giving and taking of voyces , with all circumstances of like nature , tending to the compleating and equall proceedings in elections , as also their salary , is referred to be setled by this present parliament , in such sort , as the next representative may be in a certain capacity to meet with safety at the time herein expressed and such circumstances to be made more perfect by future representatives . ii. that two hundred of the four hundred members , and not lesse , shall be taken and esteemed for a competent representative ; and the major voyces present , shall be concluding to this nation . the place of session , and choice of a speaker , with other circumstances , of that nature , are referred to the care of this and future representatives . iii. and to the end all publick officers may be certainly accountable , and no factions made to maintain corrupt interests , no officer of any salary forces , in army or ga●rison , nor any treasurer or receiver of publike moneys , shall ( while such ) be elected a member for any representative ; and if any lawyer shall at any time be chosen he shall be uncapable of practice as a lawyer , during the whole time of that trust and for the same reason , and that all persons may be capable of subjection as well as rule . iiii. that no member of the present parliament shall be capable of being elected of the next representative , nor any member of any future representative shall be capable of being chosen for the representative , immediately succeeding : but are free to be chosen , one representative having intervened : nor shall any member of any representative be made either receiver . treasurer , or other officer during that imployment . v. that for avoiding the many dangers and inconveniences apparantly arising from the long continuance of the same persons in authority ; we agree , that this present parliament shall end the first wednesday in august next , and thence forth be of no power or authority : and in the mean time shall order and direct the election of a new and equall representative according in the true intent of this our agreement : and so as the next representative may me●e and sit in power and authority , as an effectuall representative upon the day following ; namely the first thursday of the same august , . vi . we agree , if the present parliament shall omit to order such election or ●eeting of a new representative ; or shall by any meanes be hindered from performance of that trust : that in such case , we shall for the next representative proceed in electing thereof in those places , and according to that manner and number formerly accustomed in the choice of nights and burgesses ; observing only the exceptions of such persons , from being electors or elected , as are mentioned before in the first third and fourth heads , of this agreement : it being most unreasonable , that we should either be kept from new , frequent , and successive representatives , or that the supream authority should fall into the hands of such as have manifested disaffection to our common freedom , and endeavoured the bondage of the nation . vii . and for preserving the supreme authority , from falling into the 〈◊〉 of any whom the people have not , or shall not chuse . we are resolved and agreed ( god willing ) that a new representative shall be upon the first thursday in august next aforesaid : the ordering and disposing of themselves , as to the choice of a speaker and the like circumstances in hereby le●● to their 〈◊〉 : but are in the extent and exercise of power , to follow the direction and rules of this agreement ; and are hereby authorised and required according to their best judgements , to set rules for future equal distribution , and election of members , as is herein intended and on oyned to be done , by the present parliament . viii and for the preservation of the supreme authority ( in all times ) entirely in the hands of such persons onely as shall be chosen thereunto : we agree and declare , that the next , and all future representatives , shall continue in full power for the space of one whole yeer ; and that the people shall of course , chuse a parliament once every yere , so as all the members thereof may be in a capacity to meet , and take place of the foregoing representative , the first thursday in every august for ever , if god so please ; also ( for the same reason ) that the next or any future representative being 〈◊〉 , shall continue their session , day by day , without intermission for four months , 〈…〉 ; and after that , shall be at liberty to adjourn , from two moneths to two moneths , as they shall 〈◊〉 cause , until their yeer be expi●ed , but shall sit no longer then a yeer , upon point of 〈◊〉 to every member that shall exceed that time ; and in times of adjournment shall not erect a councel of state , but refer the managing of affairs in the intervals , to a committee of their own members , giving such instructions , and publish them , as shall in 〈…〉 contradict this agreement . ix . and that none henceforth may be ignorant or doubtful concerning the power of the supreme authority , and of the affairs , about which the same is to be conversant and exercised : we agree and declare , that the power of representatives shall extend with out the consent or concurrence of any other person or persons . . to the conservation of peace , and commerce 〈…〉 nations . . to the preservation of those safe guards , and 〈◊〉 of our lines , limbs , liberties , 〈…〉 , and estates , contained in the petition of 〈…〉 the late king . . to the raising of moneys , and generally to all things , as 〈◊〉 evidently conducing to those ends , or to the enlargement of our freedom , redress of grievances , and prosperity of the common wealth . for security whereof , having by woful experience found the 〈◊〉 of corrupt 〈…〉 incl●●ing most 〈…〉 with authority , to pervert the same to their 〈◊〉 , and to the prejudice of our peace and liberties ; we therefore further agree and declare : x. that we do not impower or entrust our said representatives to continue in force , or 〈◊〉 make any laws , oaths , or covenants , whereby to compel by penalties or otherwise , any person to any thing , in or above matters of faith , religion , on gods worship , or to constrain any person from the profession of his faith or exercise of religion according to 〈◊〉 conscience , nothing having caused more distractions and heart burnings in all ages , 〈◊〉 persecution and molestation , for matters of conscience in and above religion xi . we do not impower them to impress or constraint any person to serve in 〈…〉 or land , every mans conscience being to be satisfied in the justness of th●● cause , herein he hazards his own life or may destroy another . and for the quiering of all differences , and abolishing of all 〈◊〉 and rancor at ●uch as is now possible for us to effect . xii . we agree , that after the end of this present parliament , no person 〈◊〉 questioned for any thing said or done in reference to the late warres , or publique 〈◊〉 sences , otherwise then in pursuance of the determinations of the present parliament against such as have adhered to the king , against the liberties of the people : and 〈◊〉 that accomptants for publick moneys received , shall remain accomptable for the 〈◊〉 . xiii . that all priviledges or exemptions of any persons from the lawes , of 〈◊〉 the ordinary course of legall proceedings , by vertue of any tenure , grant , charter 〈◊〉 , degree , or birth , or of any place of residence , or refuge , or priviledge of parliament shall be henceforth void and null ; and the like not to be made nor revived again . xiiii . we doe not impower them to give judgment upon any ones person 〈◊〉 estate , where no law hath been before provided , nor to give power to any other 〈◊〉 jurisdiction so to do , because where there is no law , there is no transgression , for 〈◊〉 magistrates to take cognisance of ; neither do we impower them to intermedle with 〈◊〉 execution of any law whatsoever . xv . and that we may remove all long setled grievances , and thereby as farre 〈◊〉 are able , take away all cause of complaints , and no longer depend upon the 〈◊〉 inclination of parliaments ; to remove them , nor trouble our selves or them with 〈◊〉 after petitions , as hath been accustomed , without fruit or benefit ; and knowing 〈◊〉 cause why any should repine at our removall of them , except such as make advant●●● their continuance , or are related to some corrupt interests , which we are not to regard . we agree and declare xvi . that it shall not be in the power of any representative , to punish , or 〈◊〉 be punished , any person or persons for refusing to answer to questions against 〈◊〉 in criminall cases . xvii . that it shall not be in their power after the end of the next representative , 〈◊〉 continue or constitute any proceedings in law that shall be longer then six months 〈◊〉 final determination of any cause past all appeal nor to continue the laws or proceed●● therein in any other language then english , nor to hinder any person or persons 〈◊〉 pleading their own causes , or of making use of whom they please to plead for them . the reducing of these and other the like provisions of this nature in this 〈◊〉 provided , and which could not now in all particulars be perfected by us , is 〈◊〉 us to be the proper works of faithfull representatives . xviii . that it shall not be in their power to continue to make any laws to 〈◊〉 or hinder any person or persons , from trading or merchandizing into any place 〈◊〉 the seas , where any of this nation are free to trade . xix . that it shall not be in their power to continue excise or customs upon 〈◊〉 sort of food , or any other goods , wares , or commodities , longer then four 〈…〉 the beginning of the next representative , being both of them extreme burthenso●● oppressive to trade , and so expensive in the receipt , as the monyes expended 〈…〉 collected , as subsidies have been ) would extend very far towards defraying the 〈◊〉 charges ; and forasmuch as all moneys to be raised , are drawn from the people , 〈◊〉 then some and chargeable wayes , shall never more be revived , nor shall they raise 〈◊〉 by any other wayes after the aforesaid time ) but only by an equal rate in the pound 〈◊〉 every reall and personal estate in the nation . xx . that it shall not be in their power to make or continue any law , whereby 〈◊〉 reall or personall estates , or any part thereof , shall be exempted from payment of 〈◊〉 debts ; or to imprison any person for debt of any nature , it being both unchristian 〈◊〉 self and no advantage to the creditors , and both a reproach and prejudice to the common-wealth . xxi . that it shall not be in their power to make or continue any law , for taking away 〈◊〉 mans life , except for murther , or other the like hainous offences , destructive to humane ●●ciety , or for endeavoring by force to destroy this our agreement , but shall use their ●●termost endeavor to appoint punishments equal to offences , that so mens lives , limbs , 〈◊〉 iberties and estates , may not be liable to be taken away upon trivial or slight occasions , 〈◊〉 they have been ; and shall have special care to preserve all sorts of people from wicked●ess , misery and beggery ; nor shall the estate of any capital offendor be confiscate , but in ●ses of treason only ; and in all other capital offences , recompence shall be made to the ●arties damnified , as well out of the estate of the malefactor , as by losse of life , according 〈◊〉 the conscience of his jury . xxii . that it shall not be in their power to continue or make any law , to deprive any ●erson , in case of tryals for life , limb , liberty or estate , from the benefit of witnesses , on his or their behalf ; nor deprive any person of those priviledges and liberties contained ●n the petition of right , made in the third year of the late king charls . xxiii . that it shall not be in their power to continue the grievance of tythes , longer ●hen to the end of the next representative , in which time , they shall provide to give reasonable satisfaction to all impropriators : neither shall they force by penalties or otherwise any person to pay towards the maintenance of any ministers , who out of conscience cannot submit thereunto . xxiv . that it shall not be in their power to impose ministers upon any the respective parishes , but shall give free liberty to the parishioners of every particular parish , to choose such as themselves shall approve ; and upon such terms , and for such a reward , as themselves shall be willing to contribute , or shall contract for provided none be chusers but such as are capable of electing representatives . xxv . that it shall not be in their power to continue or make a law , for any other way of judgments , or conviction of life limb liberty or estate , but only by twelve sworn men of the neighborhood ; to be chosen in some free way by the people ; to be directed before the end of the next representative , and not picked and imposed , as hitherto in many places they have been . xxvi . they shall not disable any person from bearing any office in the common-wealth , for any opinion or practise in religion , except such as maintain the popes ( or other forraign ) supremacy . xxvii . that it shall not be in their power to impose any publike officer upon any counties , hundreds , cities , towns or boroughs ; but the people capable by this agreement to chuse representatives , shall chuse all their publike officers that are in any kind to administer the law for their respective places , for one whole year and no longer , and so from year to year , and this is an especial means to avoid factions and parties . and that no person may have just cause to complain by reason of taking away the excise and customes , we agree , xxviii . that the next , and all future representatives shall exactly keep the publike faith , and give full satisfaction , for all securities , debts , arrears or damages , ( justly chargeable ) out of the publike treasury ; and shall confirm and make good all just publike purchases and contracts that have been , or shall be made ; save that the next representative may confirm , or make null in part or in whole , all gifts of lands , moneys , offices , or otherwise made by the present parliament , to any member of the house of commons , or to any of the lords , or to any of the attendants of either of them . and for as much as nothing threatneth greater danger to the common-wealth , then that the military power should by any means come to be superior to the civil authority . xxix . we declare and agree , that no forces shall be raised , but by the representatives for the time being , and in raising thereof , that they exactly observe these rules , namely , that they allot to each particular county , city , town and borough , the raising , furnishing , agreeing , and paring of a due proportion , according to the whole 〈…〉 be ●e●ved ▪ and shall to the electors of representatives in each respective place , 〈…〉 liberty to nominate and appoint all officers appertaining to regiments . 〈…〉 companies , and to remove them as they shall see cause , reserving to the represent●●●●● the nominating and appointing only of the generall , and all general officers ; and 〈◊〉 ordering , regulating and commanding of them all , upon what service shall seem to 〈◊〉 necessary for the safety , peace and freedom of the common-wealth . and in as much as we have found by sad experience , that generally men make little 〈◊〉 nothing to innovate in government , to exceed their time and power in places of 〈◊〉 to introduce an arbitrary and tyrannical power , and to overturn all things into 〈◊〉 and confusion , where there are no penalties imposed for such destructive crimes 〈◊〉 offences . xxx . we therefore agree and declare , that it shall not be in the power of any representative in any wis● to render up , or give or take away any part of this agreement ▪ 〈◊〉 level mens estates , destroy propriety , or make all things common : and if any r●●●●sentative shall endevor , as a representative , to destroy this agreement , every 〈◊〉 present in the house , not entering , or immediately publishing his dissent , shall incur 〈◊〉 pain due for high treason , and be proceeded against accordingly ; and if any person 〈◊〉 persons , shall by force endevor or contrive the destruction thereof , each person so doing shall likewise be dealt withall as in cases of treason . and if any person shall by force of arms disturb elections of representatives , he shall incur the penalty of a riot ; and if any person not capable of being an elector , or 〈◊〉 , shall intrude themselves amongst those that are , or any persons shall behave themselves rudely and disorderly , such persons shall be liable to a presentment by a grand 〈◊〉 and to an indictment upon misdemeanor ; and be fined and otherwise punished according to the discretion and verdict of a jury . and all laws made , or that shall be made con●●●ry to any part of this agreement , are hereby made null and void . thus , as becometh a free people , thankful unto god for this blessed opportunity , and desirous to make use thereof to his glory , in taking off every yoke , and removing every 〈◊〉 , in delivering the captive , and setting the oppressed free , we have in all the particular heads forementioned , done as we would be done unto , and as we trust in god will ●●bolish all occasion of offence and discord , and produce the lasting peace and prosperity of this common-wealth . finis . the first and second part of a seasonable, legal, and historicall vindication and chronological collection of the good old fundamentall liberties, franchises, rights, laws of all english freemen ... wherein is irrefragably evinced by parliamentary records, proofs, presidents, that we have such fundamentall liberties, franchises, rights, laws ... : collected, recommended to the whole english nation, as the best legacy he can leave them / by william prynne of swainswick, esquire. seasonable, legal, and historical vindication of the good old fundamental liberties, franchises, rights, properties, laws, government of all english freemen. part - prynne, william, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; 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(eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the first and second part of a seasonable, legal, and historicall vindication and chronological collection of the good old fundamentall liberties, franchises, rights, laws of all english freemen ... wherein is irrefragably evinced by parliamentary records, proofs, presidents, that we have such fundamentall liberties, franchises, rights, laws ... : collected, recommended to the whole english nation, as the best legacy he can leave them / by william prynne of swainswick, esquire. seasonable, legal, and historical vindication of the good old fundamental liberties, franchises, rights, properties, laws, government of all english freemen. part - prynne, william, - . the second edition, corrected and much enlarged. [ ], , [ ], p. printed for the author, and are to be sold by edward thomas ..., london : . 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[ ] at beginning. reproduction of original in yale university library. imperfect: film lacks nd pt. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng constitutional history -- great britain. great britain -- politics and government -- - . - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - ali jakobson sampled and proofread - ali jakobson text and markup reviewed and edited - pfs batch review (qc) and xml conversion the first and second part of a seasonable , legal , and historicall vindication , and chronological collection of the good , old , fundamentall liberties , franchises , rights , laws of all english freemen their best inheritance , birthright , security , against all arbitrary tyranny , and aegyptian burdens ) and of their strenuous defence in all former ages ; of late years most dangerously undermined , and almost totally subverted , under the specious disguise of their defence and future establishment , upon a sure basis , by their pretended , greatest propugners . wherein is , irrefragably evinced by parliamentary records , proofs , presidents , that we have such fundamentall liberties , franchises , rights , laws . that to attempt or effect the subversion of all or any of them , ( or of our fundamentall government ) by fraud or force , is high treason . the principal of them summed up in x. propositions ; the chief printed treatises asserting them , specified : a chronological history of our ancestors , zeal , vigilancy , courage , prudence , in gaining , regaining , enlarging , defending , oft confirming and perpetuating them to posterity , by great charters , statutes , new confirmations , excommunications , speciall conservators , consultations , petitions , declarations , remonstrances , oaths , protestations , vows , leagues , covenants , and likewise by their arms , when necessitated , during all the britons , romans , saxons , danes , normans and english kings reigns , till this present ; collected for present and future publique benefit : with a brief touch of their late unparalelled infringments and subversions in every particular : the triall of all malesactors by their peers and juries , justified , as the onely legall , best , most indifferent , and all other late arbitrary judicatories , erected for their triall , exploded , as destructive both to our fundamentall laws and liberties . collected , recommended to the whole english nation , as the best legacy he can leave them , by william prynne of swainswick , esquire . the second edition corrected and much enlarged . psal . . . if the fundations be destroyed , what can the righteous do ? psal . . . they know not , neither will they understand , they walk on in darknesse : all the foundations of the earth are out of course . london , printed for the author , and are to be sold by edward thomas in green arbour , . errata . in the epistle , letter c. page . l. . read effect , d. p. . l. . 〈◊〉 tesmond , h. p. . l. . censurers , i. p. . l. of r. our k. p. . l. . r. heirs , l. p. . l. . r. exercerunt . in the margin h. p. . l. . aliquem , i. p. . l. . pacti l. p. . . r. . in the book p. . l. . r. as of , p. . l. . r. were resolved . p. . l. . r. vote of p. . l. . of p. . l. . of and p. . l. . statutes . p. . l. . r. e. . c. . p. . l. . to sedition p. . l. . r. parts . margin , p. . l. . ther r. other , p. . l. , , . r. . r. . cap. . h. . c. . h. . n. . l. . r. . e. . to all truely christian free men of england , patrons of religion , freedom , lawes , parliaments , who shall peruse this treatise . christian reader , it hath been one of the most detestable crimes , and highest impeachments against the antichristian a popes of rome , that under a saint-like religious pretext of advancing the church , cause , kingdom of jesus christ , they have for some hundred yeers by-past , usurped to themselves ( as fole monarchs of the world in the right of christ , whose vicars they pretend themselves to be ) both by doctrinal positions and treasonable practises , b an absolute soveraign , tyrannical power over all christian emperours , kings , princes of the world ( who must derive and hold their crowns from them alone , upon their good behaviours at their pleasures ) not onely to excommunicate , censure , judge , depose , murder , destroy their sacred persons ; but likewise to dispose of their crowns , scepters , kingdoms , and translate them to whom they please . in pursuance whereof , they have most traiterously , wickedly , seditiously , atheistically , presumed to absolve their subjects from all their sacred oaths , homages , natural allegiance , and due obedience to them , instigated , encouraged , yea expresly , enjoyned ( under pain of interdiction , excommunication , and other censures ) their own subjects , ( yea own sons sometimes ) both by their bulls and agents , to revolt from , rebel , war against , depose , dethrone , murder , stab , poyson , destroy them by open force , or secret conspiracies : and stirred up one christian king , realm , state , to invade , infest , destroy , usurp upon another ; onely to advance their own antichristian soveraignties , usurpations , ambition , rapines , worldly pompe and ends : as you may read at leisure in the statutes of h. . c. . h. . c. . h. . c. . eliz. c. . eliz. c. . eliz. c. . jacob. c. , , , . jacob. c. . the emperour frederick his epistles against pope gregory the . and innocent the . recorded in matthew paris , and * others , aventinus annalium boiorum , mr. william tyndal's practice of popish prelates ; the second homily upon witsunday ; the homilies against disobedience , and wilful rebellion ; bishop jewels view of a seditious bull ; iohn bale in his lives of the roman pontifs ; doctor thomas bilson in his true difference between christian subjection , and unchristian rebellion ; doctor john white his sermon at paul , s cross , march . . and defence of the way , c. , . doctor crakenthorpe of the popes temporal monarchy ; bishop morton's protestant apology ; doctor beard 's theater of god's judgements , l. . c , , . doctor squire of antichrist ; john bodin his commonwealth , l. . c. . the learned morney lord du plessy , his mystery of iniquity , and history of the papacy . the general history of france . grimston's imperial history . matthew paris , speed , holinshed , cambden , and others , in the lives of king john , henry the . queen elizabeth , and other of our kings , with hundreds of printed sermons on the of november . the principal instruments the popes imployed of late yeers , in these their unchristian treasonable designes , have been pragmatical , furious , active jesuites , whose society was first erected by ignatius loyola ( a spaniard by birth , but a c souldier by profession ) and confirmed by pope paul the . anno ● which order consisting onely of ten persons at first , and confined onely to sixty by this pope , hath so monstrously increased by the popes and spaniards favours and assistance ( whose chief janizaries , factors , intelligencers they are ) that in the yeer . d they caused the picture of ign●tius their founder to be cut in brass , with a goodly olive tree growing ( like jessees root ) out of his side , spreading its branches into all kingdoms and provinces of the world , where the jesuites have any colledges and seminaries , with the name of the province at the foot of the branch , which hath as many leaves as they have colledges and residencies in that province ; in which leaves , are the names of the towns and villages where these colledges are situated : round about the tree are the pictures of all the illustrious persons of their order ; and in ignvtius his right hand , there is a paper , wherein these words are engraven , ego sicut oliva fructifera in domo dei ; taken out of ps . . . which pourtraictures they then printed and published to the world : wherein they set forth the number of their colledges and seminaries to be no less then . ( increased to more , by the yeer . ) in all . as they published in like pictures & pageants printed at antwerp , . besides sundry new colledges and seminaries erected since . in these colledges and seminaries of theirs , they had then ( as they print ) fellews of their society of jesus , besides the novices , scholars , and lay-brethren of their order , amounting to neer ten times that number . so infinitely did this evil weed grow and spread it self , within one hundred yeers after its first planting . and which is most observable , of these colledges and seminaries they reckoned then no less then ( secret ones ) * in provincia anglicana , in the province of england , where were socii or fellows of that society : besides colledges of english jesuites elsewhere . in ireland and elsewhere colledges of irish jesuites : and in scotland and otherwhere residencies of scottish jesuites . what the chief imployments of ignatius and his numerous swarms of disciples are in the world , his own society at the time of his canonization for a romish saint , sufficiently discovered in their painted pageants , then shewed to the people , e wherein they pourtraied this new saint holding the whole world in his hand , and fire streaming out forth of his heart ( rather to set the whole world on fire by combustions , wars , treasons , powder-plots , schismes new state , and old church-heresies , then to enlighten it ) with this motto ; veni ignem mittfre : i came to send fire into the world ; which the university of cracow in poland objected ( amongst other articles ) against them , anno . and alphonsus de vargas more largly insisteth on in his relatio , de stratagematis & sophismatis politicis jesuitarum , &c. an. . c. , , . their number being so infinite , and the f pope and spaniard too , having long since ( by g campanella's advice ) erected many colledges in rome , italy , spain , the netherlands , and elsewhere , for english , scottish , irish jesuites ( as well as for such secular priests , friers , nuns ) of purpose to promote their designs against the protestant princes , realms , churches , parliaments of england , scotland , ireland , & to reduce them under their long prosecuted h universal monarchy over them , by fraud , policy , treason , intestine divisions , and wars , being unable to effect it by their own power ; no doubt of late yeers many hundreds , if not thousands , of this society , have crept into england , scotland and ireland , lurking under several disguises ; yea , an whole colledge of them sate weekly in counsel , in or neer westminster , some few yeers since , under conne the popes nuntio , on purpose to embroyle england and scotland in bloody civil wars , therby to endanger , shake , subvert these realms , and destroy the late king ( as you may read at large in my romes master-piece , published by the commons special order , an. . ) who occasioned , excited , fom●nted , the first and second intended ( but happily prevented ) wars between england and scotland , and after that , the unhappy differences , wars , between the king , parliament , and our three protestant kingdoms , to bring them to utter desolation , and extirpate our reformed religion . the kings forces ( in which many of them were souldiers ) after some yeers wars being defeated , thereupon their father ignatius being a souldier , and they his military sons , not a few of them i secretly insinuated themselves as souldiers , into the parliaments army and forces , ( as they had formerly done into k the kings ) where they so cunningly acted their parts , as extraordinary illuminates , gifted brethren , and grand states-men , that they soon leavened many of the officers , troopers and common souldiers , with their dangerous jesuitical state-politicks , and l practises , put them upon sundry strange designs , to new-mould the old monarchical government , parliaments , church , ministers , laws of england ; erecting a new general councel of army-officers and agitators for that purpose ; acting more like a parliament and supream dictators , then souldiers . and at last instigated the army by open force ▪ ( against their commissions , duties , oaths , protestations and solemn league & covenant ) to impeach , imprison , seclude , first elevē commoners ; then some six or seven lords ; after that to secure , seclude the majority of the commons house , suppress the whole house of lords , destroy the king , parliament , government , priviledges , liberties of the kingdom & nation , for whose defence they were first raised , which by no other adverse power they could effect . this produced new bloody divisions , animosities , wars , in and between our three protestant realms and nations ; & after with our protestant allies of the netherlands , ( * campanella's express old projected plots to subject us both to the popes and spaniards monarchies , effected by the spaniards gold and agents ) with sundry heavy monthly taxes , excises , oppressions , sales of the churches , crowns , and of many nobles and gentlemens lands and estates , to their undoing , our whole nations impoverishing , and discontent , an infinite profuse expence of treasure , of protestant blood both by land and sea , decay of trade , with other sad effects in all our three kingdoms ; yea , sundry successive new changes of our publick government , made by the army-officers , ( who are still ringing the changes ) according to campanela's and parsons platforms . so that if fire may be certainly discerned by the smoke ; or the tree commonly known by its fruits , as the truth it self resolves , matth. . . we may truly cry out to all our rulers , as the jews did once to the rulers of thessalonica , in another case , act. . . those ( jesuites ) who have turned the world upside down , are come hither also ; and have turned our kingdoms , kings , peers , monarchy , parliaments , government , laws , liberties , ( yea , our very church and religion too , in a great measure ) upside downe , even by those very persons , who were purposely raised , commissiond , waged , engaged by protestations , covenanes , vows , oathes , laws , allegiance and duty , to protect them from these jesuitical innovations and subversions . and those jesuites , spanish romish agents , who have so far seduced , so deeply engaged them , contrary to all these obligations , and to their own former printed engagements , remonstrances , representations , proposals , desires , and resolutions , for setling this nation in its just rights , the parliament in their just priviledges , and the subjects in their liberties and freedoms ; published to all the world , in the name of sir thomas fairfax , the army , and the general councel of the army , none volume . london , . ( which they may do well to peruse ) yea , against the votes , intreaties , desires , advices , of both houses of parliament , the generality of the good ministers , people of the three whole kingdoms , and their wisest , best affected protestant friends , who commissioned , raised , paid , assisted them for far other ends o whether may they , will they not ( in all humane probability ) rashly , blindly , suriously henceforth lead , drive , precipitate them , to our whole three kingdoms , churches , parliaments , laws , liberties total , final desolation , and the armyes too in conclusion , beyond all hopes of prevention , unless god himself shall miraculously change their hearts , councels , and reclaim them from their late destructive , heady violent courses : or put an hook into their noses , to turn them back by the way by which they came : or , set a timely period to their usurped armed power and extravagant late proceedings , of such a desperate unparallel'd , unprotestant strange nature , as none but the very worst of ignatius his disciples and engineers durst set on foot , or still drive on amongst us protestants . which i earnestly beseech , adjure , and conjure them now most seriously to lay ●o heart , before it be over-late . those who will take the pains to peruse all or any of these several printed books ( most of them very well worth their reading ) written against the iesuites and their practises , as well by papists as protestants , as namely , fides iesu & iesuitarum , printed . doctrinae iesuiticae praecipua capita , delph . . aphorismi doctrinae iesu●ticae . . cambitonius , de studiis jesuitarum abstrusioribus . anno . iacobus thuanus , passages of the jesuites . hist . l. , , , , , , , , , , , , , , , , , , , . . emanuel meteranus his passages of them . belgicae hist . l. , , , , , , , , to . willielmus baudartius , continuatio meterani , l. , , , . donatus wesagus , fides iesus & iesuitarum , . characteres iesuiticae , in several tomes . elias husenmullerus , historia iesuitici ordin● , anno . speculum sive theoria doctrinae iesuiticae , necnon praxis jesuitarum , . pasquier his jesuite displayed . petrus de wangen , physiogmonia jesuitica , . christopherus pelargus , his novus jesuitismus . franciscus . de verone , his jesuitismus sicarius , . narratio de proditione jesuitarum in magnae brit. regem , . consilium de lesuitis regno polonia ejiciendis . the acts of the states of rhetia , anno , & . for banishing the jesuites wholly out of their territories , ne status politicus turbaretur , &c. mentioned by fortunatus sprecherus , palladis rheticae , l. . p. , . melchior valcius , his furiae gretzero , &c. remissae , . censura jesuitarum , articuli jesuitarum , cum commonefactione illis oppositae anti-jesuites , au roy par . . variae doctorum theologorum theses adversus quaedam jesuitica dogmata . the remonstrance of the parliament of paris to henry the great against the re-establishment of the jesuites ; and their censure of mariana his book , to be publickly burnt , printed in french , . recited in the general history of france , in lewis . his life , & peter matthew , l. . par . . historia franciae . variae facultatis thologiae & curiae parisiensis , quam aliorum opuscula , decreta & censurae contra jesuitas , paris . conradus deckerus , de proprietatibus iesuitarum , . quaerelarum inclyti regni hungariae adversus corruptelas iesuiticas defensio . lucas osiander , his writing about the jesuites bloody plot , han. . iesuitarum per unitas belgii provincias negotiatio , anno . radulphus hospinianus , historia iesuitica , . bogermannus his catechismus iesuiticus . lodovicus lucius , historia iesuitica , basil . . arcana imperii hispanici , . mercure iesuite , in several tomes , geneve , de conscientia iesuitarum , tractat . censura sacrae theologiae . parisiensis , in librum qui inscribitur , antonii sanctarelli societatis iesu , de haeresi , schismate & apostasia , &c. paris , . anti-cotton ; ioannes henricius , deliberatio de compescendo perpetuo crudeli conatu iesuitarum , fran. . a proclamation of the states of the united provinces , anno . and another proclamation of theirs : with two other proclamations of the protestant states of the marquesate of m●ravia , for the banishing of the iesuites , london . alfonsi de vargas toletani , relatio ad reges & principes christianos , de stratagematis & sophismatis politicis societatis jesu , ad monarchiam orbis terrarum sibi conficiendam : in qua jesuitarum erga reges & populos optimè de se meritos infidelitas , erga ipsum poutificem perfidia , contumacia , & in fidei rebus novandi libido , illustribus documentis comprobatur , anno . jubilaeum , sive speculum jesuiticum , exhibens praecipua jesuitarum scelera , molitiones , innovationes , fraudes , imposturas , et mendacia , contra statum ecclesiasticum politicumque , in & extra europeum orbem ; primo hoc centenario , confirmati illius ordinis instituta et perpetrata : ex variis historiis , inprimis vero pontificiis collecta , anno . ( a piece worth perusing ) or else will but cast their eyes upon our own forecited statutes , and the * proclamations of queen elizabeth , king james , and king charls against jesuites , and seminary priests . a brief discovery of doctor allens seditious drifts , london . charles paget ( a seminary priest ) his answer to dolman , concerning the succession of the english crown , . william watson ( a secular priest ) his dedachordon or quodlibets , printed . now very well worthy all protestants reading . a letter of a. c. to his dis-jesuited kinsman , concerning the jesuites , london . romish positions and practises for rebellion , london . the arraignment of traytors , london . john king bishop of london , his sermons on november . , . king james his conjuratio sulphurea , apologia pro juramento fidelitatis : & , responsio ad epistolam cardinalis peronii . an exact discovery of the chief mysteryes of the jesuitical iniquity : and , the jesuites secret consultations ; both printed london . william crashaw his iesuites gospel , london . william feak of the doctrine and practice of the society of jesus , london . the many printed sermons of doctor iohn white , bishop lake , bishop andrews , doctor donne , doctor featly , doctor clerk , and others , preached on the fifth of november . lewis owen , his running register , london , . his unmasking of all popish monkes and jesuites , . and his jesuites looking-glass , london , . john gee , his foot out of the snare , &c. london , . with the jesuitical plots discovered in my romes master-piece ; and , hidden works of darkness brought to publick light , london . shall see the jesuites and their seminaries charged with , convinced of , and condemned for these ensuing seditious , treasonable , antimonarchical , anarchical positions and practises ; for which , their society hath by publick acts and proclamations been several times banished out of hungaria , bohemia , moravia , poland , the low countries , rhetia , france , transilvania , sweden , denmark , the palatinate , venice , aethiopia , japan and turkey , as well as out of england , scotland and ireland , as most insufferable pests and traytors ; in many of which they have yet gotten footing again . . that at least ●ifty several prime authors of that infernal society of jesus ▪ in several printed books ( which you shall finde specified in doctor john whites defence of the way , c. , . aphorismi-jesuitarum : iubilaeum , or , speculum iesuiticum , p. , . and the appendix to my fourth part of the soveraign power of parliaments , p. , . ) have dogmatically maintained ; * that the pope hath absolute power , not onely to excommunicate , but judicially to suspend , mulct with temporal penalties , depose , dethrone , pvt to death , and destroy any christian emperours , kings , princes , potentates , by open sentence , war , force , secret conspiracies , or private assasinations , and to give away their crowns and dominions to whoever will invade them , by treason or rebellion , at the popes command ; and that in cases of heresie , schisme , disobedience to , rebellion against the pope or see of rome , male-administration , refusal to defend the pope or church against her adversaries , insufficency to govern , negligence , tyranny , excesses , abuses in gove●nment , incorrigibility , vitiousness of life , and m necessity of the publick good , or safety of the church , state , or cavse of god ; as antonius sanctarellus the jesuite particularly defines , in his book de haeresibus , schismatibus , &c. printed in rome it self , anno . who affirms it to be , multum aequum & reipublicae expediens , ut sit aliquis supremus monarcha , qui regum hujusmodi excessus possit corrigere , & de ipsis ivstitiam ministrare ; sicut petrd concessa fuit facultas pvniendi paena temporali , imo etiam , paena mortis , dictas personas ad al●●●vm cokkeecmionem et exemplvm . ( whether the erection , title of , or proceedings against our beheaded king , in the late mis-named high court of justice , had not their original from hence ; and whether the army-officers derived not their very phrase , n of bringing the king to ivstiee , with their pretended necessity of pvblick good and safety , for it , from these very jesuites , or their agents in the army ; let themselves , the whole kingdom , and all wisemen now consider . ) moreover , some of the fifty authors , ( as creswel , or parsons the english jesuite , in his philopater , sect. . and * de officio principis christiani , chap. . affirm , that the whole school both of ( their ) divines and lawyers , make it a position certain and undoubtedly to be believed , that if any christian prince whatsover , shall manifestly turn from the roman catholick religion , or desire , or seek to reclaim others from the same ; or but favour , or shew countenance to an heretick ( as they deem all protestants , and dissenters from the see of rome in any punctilio , such ) he presently falleth from , & loseth al princely power & dignity ; & that by vertus & power of the law it self , both divine and hvmane , even before any sentence pronovnced against him by the svpream pas●or and ivdge . that thereby his subjects are absolved from all oathes and bonds of allegiance to him as to their lawful prince . nay , that they may and ovght ( * provided they have competent power and force ) to cast ovt svch a prince from beaking rvle amongst christians , as an apostate , an heretick , a back-slider , a revolter from our lord jesus christ , and an enemy to his own estate and commonwealth ; lest perhaps he might infect others , or by his example or command , turn them from the faith . and that the kingdom of such an heretick or prince , is to be bestowed at the pleasure of the pope , with whom the people upon pain of damnation , are to take part , and fight against their soveraign . out of which detestible and treasonable conclusions , most treasons and rebellions of late time have risen in the christian world ; and the first smoke of the gunpowder-treason too , as john speed observes in his history of great britain , p. . whereupon the whole * university of paris censured them , an. , and . not onely as most pernioious , detestable , damnable , erroneous , and perturbing the publick peace ; but likewise , as subversive of kingdoms , states , and republicks , seducing subjects from their obedience and subjection , and stirring them up to wars , factions , seditions , & principum parricidia , and the murthers of their kings . . that the jesuites have * frequently put these treasonable , seditious , antimonarchical , jesuitical , damnable doctrines into practice , as well against some popish , as against protestant kings , queens , princes , states : which they manifest , . by o their poysoning jone albreta queen of navarre , with a pair of deadly perfumed gloves , onely for favouring and protecting the protestants in france against their violence , anno. . . by their suborning and animating p james clement a dominican frier , to stab king henry the third of france in the belly with a poysoned knife , whereof he presently died , anno. . for which they promised this traytor , a saintship in heaven . pope sixtus the fifth himself commending this foul fact in a long oration to his cardinals , as insigne & memorabile sacinus , non sine dei opt. max. particulari providentia , & dispositione , et spiritus sancti suggestione designatum : facinusque longe majus quam illud s. judith , quae holofernum è medio sustulit . . by q cammolet the jesuites publick justification of this clement in a sermon at paris anno . wherein he not only extolled him above all the saints , for his treason against , and murder of henry the . but broke out likewise into this further exclamation to the people : we ought to have some ehud , whether it be a a monke , or a souldier , or a varlet , or at least a cow-herd . for it is necessary , that at least we should have some ehud . this one thing onely yet remains behinde : for then we shall compose all our affairs very well , and at last bring them to a destred end . whereupon , by the jesuites instigation , the same yeer . one peter bariere , undertook the assasination of king r henry the of france : which being prevented , and he executed , thereupon they suborned and enjoyned one of their own jesuitical disciples , john castle , a youth of yeers old , to destroy the king : who on the of december . intending to stab him to the heart , missing his aim , wounded him onely in the cheek , and stroke out one of his teeth ; for which treasonable act he was justified , applauded , as a renowned saint and martyr , by the jesuites , in a printed book or two , published in commendation of this his undertaking . as namely , by bonarscius the jesuite , in his amphitheatrum , franciscus verona constantinus , ( a jesuite ) in his apologiapro iohanne castello , contra edictum parliamenti , & supplicium de eo ob parricidium sumptum , an. . where he thus writes of the attempt upon hen. . whosoever diligently ponders , that henry was excommunicated , an heretick , relapsed , a prof●ner of holy things , a declared publick enemy , an oppressor of religion ; and ( thereupon ) a person secluded from all right to the kingdom ; and therefore a tyrant , not a king ; an vsurper , not a lawful lord ; he verily , unless he be mad , and destitute of humane sence , and love towards god , the church , and his country , cannot otherwise think or speak ; but that the fact of castle was generous , conjoyned with vertue ; and heroical , to be compared with the greatest and most praise-worthy facts which the ancient monuments of sacred and prophane histories have recorded . one thing onely may be disliked , namely , that castle hath not utterly slain and taken him from the midst of us . in sum , he denies this henry to be any king of france , by right or inheritance , because , ( in his and the jesuites opinion onely , not in truth ) he was both an heretick , and a tyrant . asserting , that it was lawful for castle , or any other private man , to destroy an heretick or tyrant , much more then , him that was both . and * john guignardus a jesuite , ( fellow of the jesuites colledge of claremount ) in his papers then seised by , and reported to the parliament of paris , anno . not onely compared henry the third and fourth to nero and herod , and justified clements murder of the one , and castles attempt upon the other , as most heroical and praise-worthy actions : but likewise added , that if we in the year . on saint bartholmews day , ( in the general massacre of the french protestants ) had cvt off the basilicon veine , ( henry king of navarre ) we had not fallen out of a feavour , into that plague , which now we finde . sed quicquid delirant reges plectunctur achivi , sangvini parcendo . that king henry should be but over-mildly dealt with , if he were thrust from the crown of france , into a monastery , and there had his crown shaven . that if he could not be deposed without a war , then a war was to be raised against him : but if a war could not be levied against him , the cause being dead , clam e medio tollatvr : he should then be privily murdered and taken out of the way . for which the parliament of paris adjudged and executed him for a traytor . yea , so desperately were the jesuites after this , bent to destroy this king , that * alexander hay ( a scottish jesuite of claremont , ) privy to castles villany , used to say , that if king henry the fourth should pass by their colledge ( the first there built for them ) he would willingly cast himself out of his window headlong upon him , so as he might break the kings neck , though thereby he brake his own . yet was he punished but with perpetual banishment . after which jesuitical conspiracies detected and prevented , notwithstanding this king henry ( before these two attempts to murder him ) had by their sollicitations , renounced the protestant religion , professed himself a zealous romanist , recalled the jesuites formerly banished for the murther of henry the third , against his parliaments and counsels advice , reversed all the decrees of parliament against them , razed the publick pillar set up in paris , as a lasting monument of their treasons and conspiracies ; built them a magnificent colledge in paris , indowed them with a very large revenue ; entertained pere cotten ( one of their society ) for his confessor ( who revealed all his secrets to the king of spain ; ) bequeathed a large legacy of plate and lands to their society by his will , and was extraordinary bountiful and favourable towards them ; yet these bloody ingrateful villains , animated that desperate wretch , * ravilliac , to stab him to death in the open street in paris , anno . albigni the jesuite being privy to this murder , before it was perpetrated . yea , francis de verona in his apology for john castle , p. . thus predicted his second mortal stab , in these words , though this prince of orange scaped the first blow , given him in his cheek , yet the next hit , whereof this was a presage ; as the blow given by castle shall be the fore-rvnner of another blow . such implacable regicides are the jesuites . . by their suborning , instigating sundry bloody instruments one after another , to murder ſ william prince of orange , prevented in their attempts by god's providence , till at last they procured one balthasar gerard to shoot him to death with a pistol , charged with three bullets , an. . the jesuites promising him no less then heaven it self , and a canonization among the saints and martyrs , for this bloody treason , as they did to james clement before , for murdering the french king. and it is very remarkable , that after this murder of his , * thomas campanella ( a jesuited italian frier ) prescribed this as a principal means to the king of spain of reducing the netherlands under his monarchy again , to sow emulation and discords amongst their nobles , states , and to murder prince maurice his son and successor , which he expresseth in these direct termes . maxime opus est , ut serpens seditionis , comes scilicet mauritius interimatur ; non vero per bellum diuturnum , copia illi danda est , magis magisque succrescendi : which they * twice likwise attempted to affect ; an. , and . no wonder that they so much endeavour by all means & instruments to suppress that noble family now , to whom the netherlands principally owe their infranchisement from the spanish yoak of bondage . . by t their poysoning stephen botzkay prince of transylvania , for opposing their bloody persecution . . by their manifold bloody plots and attempts from time to time , v to murder , depose , stab , poyson , destroy our famous protestant queen elizabeth , by open insurrections , rebellions , invasions , wars , raised against her both in england and ireland ; and by intestine clandestine conjurations ; from which gods ever-waking providence did preserve her . amongst other conspiracies , that of patrick cullen , an irish frier , ( hired by the jesuites and their agents to kill the queen ) is observable . x holt the jesuite , ( who perswaded him to undertake the murdering of her ) told him , that it was not onely lawful by the laws , but that he should merit gods favour , and heaven by it ; and thereupon gave him remission of all his sins , & the eucharist , to encourage him in this treason ; the chief ground whereof ( and of all their other treasons against this queen ) was thus openly expressed by iaquis francis , for cullens further encouragement ; that the realm of england , then was and would be so well setled , that unless mistras elizabeth ( so he termed his dread soveraign , though but a base landressson ; ) were suddenly taken away , all the devils in hell would not be able to prevail , to shake and overturn it . which then it seems they * principally endeavoured , and oft-times since attempted , and have now at last effected , by those who conceit they demerit the title of saints ( though not in a romish kalender ) and no less then heaven , for shaking , overturning , and making it no kingdom . . by their y conspiracy against king james , to dep●ive him of his right to the crown of england , imprison , or destroy his person : raise rebellion , alter religion , and subvert the stat● and government ; by vertue of pope clement the eighth his bull directed to henry garnet , superiour of the iesuites in england : whereby he commanded all the archpriests , priests , popish clergy , peers , nobles and catholicks of england , that after the death of queen elizabeth by the course of nature , or otherwise , whosoever shall lay claim or title to the crown of england , ( though never so directly or neerly interessed by descent ) should not be admitted unto the throne , unless he would first tolerate the rom●sh religion , and by his best endeavours promote the catholick cause ; unto which by his solemn and sacred oath he should religiously subscribe , after the death of that miserable woman ; ( as he stilled queen elizabeth . ) by vertue of which bull , the jesuites , after her decease , disswaded the romish-minded subjects , from yielding in any wise obedience to king james , as their soveraign ; and entr●d into a treasonable conspiracy with the lord cobham , lord gray , and others , against him , to imprison him for the ends aforesaid ; or destroy him : pretending that king iames was no king at all before his coronation ; and that therefore they might by force of arms , lawfully surprise his person , and prince henry his son , and imprison them in the tower of london , or dover-castle , till they inforced them by duress , to grant a free toleration of their catholick religion , to remove some evil counsellors from about them , and to grant them a free pardon for this violence ; or else they would put some further project in execution against them , to their destruction . but this conspiricy being discovered , the traytors were apprehended , arraighned , condemned , and watson and clerk ( two jesuited priests who had drawn them into this conspiracy , upon the aforesaid pretext ) with some others , executed as traytors ; z all the iudges of england resolving , that king iames being right heir to the crown by descent , was immediately upon the death of queen elizabeth , actually possessed of the crown , and lawful king of england , before any proclamat●on or coronation of him , which are but ceremonies , ( as was formerly adjudged in the case of * queen mary , and queed iane , mariae ) there being no interregnum by the law of england , as is adjudged , declared by act of parliament , iac. c. . worthy serious perusal . . their a horrid gun-powder treason plot ; contrived , fomented , by garnet ( superiour of the english jesuites ) gerard , tensmod and other jesuites ; who by their apostolical power , did not onely commend , but absolve from all sin the other jesuited popish conspirators , and faux the sculdier , who were their instruments to effect it . yea , the jesuitical priests were so atheistical , as that they usually concluded their masses with prayers , for the good success of this hellish plot , which was , suddenly , with no less then barrels of gunpowder , placed in a secret vault under the house of lords , to have blown up and destroyed at once , king james himself , the queen , prince , lords spirituall and temporal , with the commons assembled together in the upper-house of parliament , upon the of november , anno dom. . and then forcibly to have seised with armed men prepared for that purpose , the persons of our late beheaded king , then dake of york , and of the lady elizabeth his sister ( if absent from the parliament , and not there destroyed with the rest ) that so there might be none of the royal line left to inherit the crown of england , scotland and ireland ; to the utter overthrow and subversion of the whole royal family , parliament , state and government of this realm . which unparallel'd , inhumane , bloody plot , being miraculously discovered , prevented , the very day before its execution , in perpetual detestation of it , and of the jesuites and their traiterous romish religion , ( which both contrived and approved it ) the day of november , by the statute of jacobi , ch . . was enacted to be had in perpetual remembrance , that all ages to come , might thereon meet together publickly throughout the whole nation , to render publick praises unto god , for preventing this infernal jesuitical design , and keep in memory this joyful day of deliverance ; for which end , special forms of publick prayers and thankesgivings were then appointed , and that day ever since more or less annually observed , till this present . and it is worthy special observation , that had this plot taken effect , b it was agreed by the jesuites and popish conspirators before-hand , that the imputation of this treason should be cast upon the puritans , to make them more odious : as now they father all the powder-plots of this kinde , which they have not onely laid , but fully accomplished of late yeers against the king , prince , royal posterity , the lords and commons house , our old english parliaments and government , upon those independents , and anabaptistical sword-men , ( whom they now repute and stile , * the most reformed puritans , ) who were in truth , but their meer under - instruments to effect them ; when as they c originally laid the plots ; as is clear by campanella's book , de monarchia hisp . ch . . and cardinal richelieu his instructions at his death , to the king of france . and it is very observable , that as courtney the jesuite , rector of the english jesuites colledge at rome did in the year . ( when the name of independents , was scarce heard of in england ) openly affirm to some english gentlemen , and a reverend minister ( of late in cornwal ) from whom i had this relation , then and there feasted by the english jesuites in their colledge , that now at last , after all their former plots had miscarried , they had found out a sure way to subvert and ruine the church of england ( which was most formidable to them of all others ) by the independents ; who immediately after ( by the jesuites clandestine assistance ) infinitely encreased , supplanted the presbyterians by degrees , got the whole power of the army , ( and by it , of the kingdom ) into their hands , & then subverted both the presbyterian government and church of england in a great measure , with the parliament , king and his posterity ; as * monsieur militiere a jesuited french-papist observes . so some independent ministers , sectaries and anabaptists , ever since . have neglected the observation of the fifth of november , ( as i am credibly informed ) and refused to render publick thanks to god for the deliverance thereon , contrary to the act , for this very reason , which some of them have rendered ; that they would not mock god in publick by praising him for delivering the late king , royal posterity , and house of lords from destruction then , by jesuites and papists , when as themselves have since destroyed and subverted them through gods providence ; and repute it a special mercy and deliverance to the nation from tyranny and bondage , for * which they have cause to bless the lord : performing that for the jesuites and powder-traytors , which themselves could not effect . the lord give them grace and hearts to consider , how much they acted the jesuites , and promoted their very worst designes against us therein ; what * infamy and scandal they have thereby drawn upon all zealous professors of our protestant religion , and * what will they do in the end thereof ? . ( to omit all other forraign instances cited in speculum jesuiticum , p. , to . where you may peruse them at leisure ) by d their poysoning king iames himself in conclusion , as some of them have boasted . . by the popes nuntio's , and a conclave of jesuites conspiracy at london , anno . * to poyson our late king charles himself , ( as they had poysoned his father ) with a poysoned indian nut , kept by the jesuites , and shewed often by conne the popes nuntio to the discoverer of that plot ; or else , to destroy him by the scotish wars and troubles , ( raised for that very end by the jesuites , ) in case he refused to grant them a universal liberty of exercising their popish religion throughout his realms and dominions : and then to train up his son under them , in the popish religion ; to which not onely heretofore , but now likewise they strenuously endeavour by all possible means to seduce him ; as appears more especially by monsieur militiere his c late book dedicated to him for that purpose , to invite him to the roman catholick faith. surely all these premised instances compared together , and with that memorable passage of the english jesuite * campian , in his concertatio ecclesiae catholicae : ( or epistle to queen elizabeths councel . ) treviris . p. . velim sciatis , quod ad societatem nostram attinet , omnes nos , qui per totum orbeni longe lateque diffusi sunt , quarum est continua successio , & magnus numerus , sanctum foedus infisse , nec quamdiu unus nostrum supererit , studium , & consilia nostra intermissuros , ad reges hereticos quovis modo tollendos ( as hospinian relates , and expounds his words and meaning ) & religionem vestram exting●ere . iampridem jacta est ratio , & inchoatum certamen nulla vis , nullus anglorum impetus superabit ; so as to hinder this their holy league and covenant long since entred into , to destroy , take out of the way , ruine all protestant kings throughout the world , under the notion of hereticks by any means whatsoever , ( and the protestant religion togetherwith them . ) with a * copy of a letter sent by an independent agent from paris , some few weeks before the kings removal from the isle of weight , by the army-officers , declaring the jesuites implacable enmity to the king , and to hereditary monarchy throughout the world. and an express sent from paris to the king himself , some three dayes before his seisure and translation from weight , to this effect , ( as i have heard from persons of honour ) that the jesuites at a general meeting in france , had resolved , by the power of their friends in england , to seise on his majesty , bring him to justice , and cut off his head , because he had , contrary to their expectation , closed with the parliament , consented to the abolishing of episcopacy , and ) to five new bills against jesuites , popish priests , mass , popery , and all popish ceremonies , in the last treaty ; and advising him , to prepare for this new storm , which within few days after fell upon him : will sufficiently inform the world , that the late unparallel'd capital proceedings against our protestant king , ( contrary to the votes of both houses of parliament ) the parliament members , peers house , and forced , dissolved late parliament too , * proceeded not from the principles of our reformed protestant religion , as this f monsieur in his printed pamphlet , would make his reader , the youg king ; to whom he dedicates it , and all the world believe ; but from the popes and jesuites forecited treasonable opinions , seconded with their clandestine sollicitations and practises : and that they , with some french cardinals , jesuites , as well as spanish and english , ( then present in england to promote their designes ) were the chief original contrivers , promoters of them , whoever were the immediate visible instruments , as i have g elsewhere more fully demonstrated , for the wiping off this scandal from our reformed religion , & the sincere professors of it , who both abominated and * protested against it in print . 〈◊〉 radolphus hospinian in his excellent historia jesuitica , l. . f. , . reckons up these three prime causes of the jesuites regicides , & other notorious treasons . the first is , that blinde obedience , which they vow to their superiours , to execute with great celerity , spiritual joy , and perseverance , whatever their superiours shall enjoyne them , by being perswaded , that all their cemmands are iust to them ; by renouncing their own opinion and iudgement with a certain blinde obedience : and by believing , that those who live under obedience , are carried and governed by divine providence , ( a word now most in use with our army-saints , and souldiers , wholly infected with this jesuitical doctrine of * obedience ) by their superiors , whithersoever they shall suffer themselves to be carried , or in what sort soever they shall be dealt with by them , ( like a staffe in the hand of a man , which readily obeys him that holds it , wheresoever and in what thing soever he will please to use it , ) especially when backed with a pretext of necessity , religions safety , publick good , exemplary justice , and promoting the common cause for which their society was first instituted . . that they hold themselves obliged to no kings , princes , or civil magistrates by any oath of allegiance , but onely to the pope and their generals ; and therefore think themselves free and unable to commit any treason at all against them , although at the popes and ●heir superiours commands they still rise up against , murder , ●stroy them . . that they deem those kings , princes , which the pope and jesuites , or other learned men of their religion , or the common people shall deem hereticks , to be thereby wholly made uncapable of any empires , kingdoms , or principalities , or any other civil diguity ; yea , to be accursed tyrants , unworthy of the name of kings ; that thereby their subjects are totally absolved from the bond of allegiance to them ; and that thereupon it is lawful to kill and destroy them , and the murders of such are meritorious . now that these three jesuitical grounds and principles , ( infused into our army-officers and souldiers by the jesuites and their instruments of late yeers , against their primitive orthodox positions , protestations , declarations , oaths , covenants , engagements ) backed with secret avarice , ambition , and self-ends , were the principal impulsive causes of all the extravagant violent proceedings both against the late king , and parliament ( not the loyal principles of the protestant religion ) is apparent unto all the world , by the armies own declarations of nov. . and decemb. . . their true state of the commonwealth of england , &c. . and other pamphlets for their justification , which all true protestants blush at . 〈◊〉 . that the jesuites ever since the establishment of their military order , under ignatius their martial general , have been the * principal firebrands , bellows , instruments of kindling , somenting , raising , continuing all the publick commotions , wars , seditions and bloody fewds that have happened in or between any kings , kingdoms , states , princes , soveraigns or subjects throughout the christians world ; and more particularly , of all the civil commotions , wars in france , germany , transylvania , bohemia , hungary , russia , poland , england , scotland and ireland , to the effusion of whole oceans of christian blood : which one poetically thus expresseth , h quicquid in orbe mali passim peccante gradido est , quicquid turbarum tempora nostra vident , cuncta sodalitio mentito nomine jesu accepta historiâ teste , referre licet . it● modò & vestrae celebrate encaenia sectae , militis inventum , loiolana cohors . yea , it is well worthy observation , what jacobus crucius , i a jesuite ( rector of the jesuites novices at landsberge ) presumed to publish , in his explication of the rules of the jesuites , anno . in these words : the father of our society ought to be a souldier because , as it is the part of a sculdier , to rush upon the enemy with all his forces , and not to desist , till he become a conquerour ; so it is our duty to run violently upon all , who resist the pope of rome ; and to destroy and abolish them , not onely with counsels , writings , and words sed invocato etiam brachio seculari , igne & ferro tollere & abolere , sicut pontifer & nostra vota ; ; ( contra lutheranos suscepta ) volunt & mandant . but likewise by calling in to our assistance the secular arm ( of an army ) to take away , and destroy them with fire and sword , as the pope and our oathes ( taken against the protestants ) will and command . and may we not then safely conclude , they have been the original contrivers , fomenters , continuers of all our late intestine and forraign wars , by land and sea , with our christian protestant brethren and allyes , ( as k sundry parliament declarations of both houses aver and attest ? ) and that many of them have secretly crept into , and listed themselves souldiers in our armies , on purpose to put on foot their designs against our king , kingdoms , churches , religion , and perpetuate our civil wars ? and so much the rather , because , a alphonsus de vargas ( a spanish popish priest ) informs us : that the jesuites , being a generation of incendiaries , are so welpleased with the name of their founder ignatius , derived from fire , and signifying a caster about of wild-fire , or an incendiary that though his christned name at first was innicus , or inighistas ; ; yet iohannes eusebius nirenberger , a jesuite , in his book , de vita ignatii , printed at madrid , . most falsly records , that his parents at his baptism , being in doubt what name to give him , thereupon the infant himself , with a loud voice , said , he would be named ignatius , to signifie what office he should obtain in the church and world , even to cast abroad fire in them , and set them all in a flame . hereupon his disciples the jesuites , considering that this their founder was by his name a firebrand , and a souldier by his profession , professed publikely to the king of spain , his councel and the world , that it was no less consonant to the mind , institution and statutes , then to the name of their warlike father ignatius , that they should not onely exercise , but publikely profess and teach to others , artem pyrotechnisam , &c. the art how to make and cast abroad fire-balls , fire-works and wild-fire , to fire and burn houses and cities : and likewise the art of warre , of setting armies in battel array , of assaulting cities , the maner of making gun-powder , bullets , fire-bals ; of casting guns , and the maner and wayes of making all other military works , engines , together with rules and precepts belonging to navigation , & omnia maritini belli munia : and all duties and incidents belonging to sea-fights . upon which they perswaded the king of spain ( notwithstanding the opposition of all the universit●es of spain against it ) to erect a publike university for their fiery martial order at madrid , and to endow it with an annual revenue of ten thousand crownes ; wherein they set up a publike lecture concerning war and all incidents appertaining thereunto ; with this printed title : acroasis , de re militari in qua pracipietur doctrina & forma militiae veteris & hodiernae , & species mathematum arti isti subordinatarum : quae sunt tactica , five de acie instruenda , topographica , machinaria militaris , organo poetica , pyrotechnica , ; &c. hanc acrosia faciet , p. hermannus hago ( a jesuit ) quarta pomeridiana usque ad quintam . this is the first publike military lecture i ever read of erected in any university amongst christians , and professors of the a gospel of peace ; who are expresly enjoyned by the b god of peace , and prince c of peace d to put up their swords into their scabberds , because all those that that the sword , shall perish with the sword . e to beat their swords into plow●shares , and their spears into pruning-hookes : not to lift up the sword against one another , neither to learne war any more . yet such bloody incendiaries and delighters in war are the jesuites , that they thus publikely teach others the art of war and fire-workes , to set the whole christian world in combustions and open warres against each other ; which they have everywhere accomplished , and that upon this accompt : that the gospel of jesus is principally to be taught and propagated by armed power , exercitu & armorum usu ; by an army and the use of armes ( whereby they now propagate it in our kingdomes the quite contrary way , to the ruine of our church and religion : ) whereupon f vargas passeth this just censure on them : hos velut ignigenos illis comici verbis recte quis a se amoliri , & in malam rem abire jusserit . apage illum a me ; nan ille quidem vulcani irati est filius . quaqua tangit , omne amburit ; si prope abstes , calefacit . and a german frier in his astrum inextinctum , gives this true character of them : discordias inter suprema reipublicae christianae capita seminare credimus esse veritati patrocinari ; quam salvam esse negant , quamdiu principes isti inter se non colliduntur hoc est flammas in europa suscitare , sicut gloriantur patrem societatis ignatium , esse illum , de quo christus dexerit , veni ignem mittere in terram , hoc est , classicum in aulis principum canere , & illos inter so committere . . that the g jesuites from the first erection of their military order , have conspired , attempted to subvert and utterly extirpate ( under the name of schismatickes , hereticks , gospellers , heresie , and the gospel ) all professors whatsoever of the protestant religion and their doctrines throughout the world , not onely by machivilian plots and treasons , but by war , fire , sword , holy leagues , armies & armed power , as is evident both by their bookes and practices . to instance in a few particulars both abroad and at home . franciscus veronas constantiensis , a jesuite , in his apology for john castle , anno . part . c. . resolves , that all wars to extirpate heretickes ( protestants ) ar● lawfull , yea more lawfull then against all other infidels , because heresie according to gods word , is worse then all infidelity . and if war be just against heretickes , how much more just is it against the head of the heretickes ? and if it be just to extirpats hereticall kings out of all christian kingdomes ( which the jesuites entred into an holy league to effect , as you heard before out of campian ) how much more just is it in the most christian kingdom ( france ) to root out king henry the ? ( whom they not onely warred against , but stabbed and murdered as aforesaid . ) h thuanus historiae , l. . p . and lib. . . records ; that it is the opinion and sentence of the jesuites , that it is a pious and wholsome thing , that all christians should lay violent hands upon sectaries and protestants , ought to be armed against them , and to make no peace , keep no faith nor truce with them ; yea , that it would be more profitable for the church , and more conducing to gods glory , for all christians to give over their warrs they wage against the turkes by common consent , and to let the turks alone , and to turn all their arms and forces against the evangelical sectaries ( or protestants ) which live amongst them , who are worser , and ought to be more odious to true christians then turkes and ; * utterly to destroy and persecute them to death , rather then to delete the unbelieving mahometans , who are not so dangerous as they . hoc quàm pie , et juxta mansuetudinem christianam dicatur , ipsi qui conscientias alioram moderantur , conscientiam suam rogant ; subjoynes thuanus , though a papist . and joannis paulus windeck , in his book de extirpandis haeres . antid . . p. . . antid . . p. . and p. . positively determines , that the lutheranes and calvinists are to be persecuted with warrs , and not onely to be terrified , but likewise deleted , cut off , taken out of the way , and utterly extirpated with arms and flames . that all catholike princes ought to enter into holy leagues , associations & confederacies , to destroy and root them out , as they did in france , anno . that the oportunity is not to be neglected , namely , quando protestantes pecuniis exhausti sunt ; when the protestants purses and money are exhausted ( as they are now amongst us by excessive endless taxes , excises , civil wars , and a perpetual army too much swayed by jesuitical counsels , to eat us out , and ruine us with our religion in conclusion , ere disbanded . ) and that the catholickes may more easily oppress and destroy these sectaries , they are to be severed one from , and divided against each other , by sundry various arts and means , and all occasions laid hold on for this purpose . ( and are we not so now in all our realmes and dominions more then ever , by the jesuites and romish emissaries ? ) which the emperor charles the observed ( in his proceedings against the protestants in germany ) to his great advantage . in pursuance of these jesuitical i positions , anno . and . the king of spain , duke of guise , with sundry others , jesuited popish princes , nobles and papists of all degrees , by the jesuites instigation , and popes speciall approbation , entred into a bloody conspiracy , or holy league , as they term it : to restore and retain the most holy worship of god , according to the form and maner of the holy catholike apostolike church of rome : to abjure all errors or corruptions contrary thereunto , &c. to spend not onely all their estates , but lives , to repeal all publique edicts in favor of the protestants and their associates ; to extirpate all heresies , heretickes , and pursue all such as publike enemies , with fire and sword to death , who should any way oppose or withstand this league , or refuse to joyne with them in it , or fall off from it upon any pretext , after this oath to observe it . which league they several times renewed : and in the k renovation thereof anno . the jesuits openly boasted , that they would use their utmost endeavours , that before the year . began , evangelium ( so they termed the protestant religion ) radicitus ex orbs toto extirpetur ; should be clean extirpated out of the whole world . the massacres , slaughters of how many thousand protestants by open intestine wars and bloody conspiracies , this league occasioned in france , germany and the netherlands , together with the murders of two french roman catholike kings , the l french and belgick histories of those times , will sufficiently inform the reader . m in the year . the jesuites erected a new colledge and society at thonon in savoy , to convert or utterly extirpate the protestants , under the notion of heretickes . . by preachings . . by pious frauds . . by vi armata : by force of armes : to which new society , many popish kings , nobles and others , gave their names ; and in june that yeare listed above expert soldiers , all roman catholickes , to put this their designe against the protestants in execution upon the next oportunity : there being above jesuites disguised in lay-mens habits imployed in england , to stir up the papists and people there to joyn with them in this new association , to root out the protestants in all places by the sword , the principal engine used by these ignatians to effect it . to pass by n all the conspiracies and attempts of the jesuites in queen elizabeths reigne , to extirpate our religion and the professors of it by open wars , rebellions , spanish and forraign invasions both in england , ireland and scotland , recorded by mr. cambden , speed and others in her life , and william watson in his quodlibets ; with their attempts of like nature in the beginning of king james his raign , recited in the statutes of . jacobi , c. . where all may peruse them : i shall onely acquaint you ; that a little before the beginning of our late bloody wars , divisions , ( contrived , fomented by the jesuites and papists , as i o have elsewhere at large , discovered , and p many parliament-declarations attest ) one francis smith an english jesuite , openly affirmed to mr. waddesworth and mr. yaxly , that it was not now a time to bring their religion by disputing or books of controversie , but it must be done by an army , and by the sword. and it is very considerable , that when the jesuites spanish and romish agents had engaged the king and english protestants against their protestant brethren of scotland , . to cut one anothers throats ; the king of spain had provided a great new spanish armado by the jesuites sollicitation , and a great land-army of old spanish soldiers to invade the western and southern parts of england , then destitute of all forces , arms & ammunition to defend it , all drawn to the northern parts against the scots ; and to joyn with the popish confederates here , to extirpate the english he retickes and protestants : which designe of theirs , through the hollanders unexpected encounter , which scattered their fleet upon the english coasts , and the pacification with the scots , before any engagement of both armies , was happily prevented . that this spanish fleet was then especially designed for england , appeares ( besides other evidences , which i have q elsewhere touched ) by the confession of an english pilot in that navy upon his death-bed , mortally wounded in the first fight , to an english minister and others , to whom he revealed it out of conscience ; by some letters i have met with ; and by a pamphlet made and printed by the jesuites , anno . intituled r the jubilee of the jesuites , taken from a papist at redriffe , and presented by sheriffe warner to the whole commons house , november . . wherein among other passages then read in the house , ( entred in the journal of that day , out of which i transcribed them : ) there was a particular prayer , for the holy martyrs that suffered in the fleet sent against the hereticks of england , . with this advice ; that the papists must fish in troubled waters , ( to wit , whiles that the king was ingaged in the wars against the scots : ) with * certain prayers added , for their good success in that designe against the scots . for the more effectuall carrying on whereof , the popes nuncio , with the s colledge of jesuites then in queen-street , secretly summoned a kind of parliament of roman catholicks and jesuites in london , out of every county of england and wales , in which conne the popes nuncio sate president , by the queens commission and direction , in april , . who granted and collected an extraordinary large contribution , by way of subsidy , from the papists , to carry on this war against our protestant brethren of scotland , and raise forces to joyne with the spainards , whom they then expected , to cut the english protestants throats . the jesuitical and prelatical popish party much displeased with the defeat of this their plot , by the unexpected pacification with the scots , . induced the king soon after to break and revoke it , t anno . ( the very year of the * jesuites jubilee , which they solemnized in all places , being the . yeer from the first erection of their order by ignatius , anno . ) they caused a new army to be raised and sent into the north against the protestants of scotland , to subdue & destroy them . at the same time they secretly u listed an army of no less then . romish catholickes , kept in private pay , of purpose to cut the protestants throats who should resist them , and to conquer the protestants in england first , and then in ireland ; which designe they were to put in execution , when the pope or his legat , with the spanish , french and venetian ambassadours should appoint ; who designed them to begin to execute it , when the king went into scotland against the scots ; as o conner ( the queen-mothers priest ) confessed to anne hussey , who justified it to the lords of the councel then , and afterwards , before the lords in parliament upon her oath . the jesuites were so confident of the good success of their designes amongst us , and compleat victory over all the protestants throughout the world this yeare of their jubilee ( making * triumph over their enemies , one of their notes of the true church ) that x they appointed a solemne enterlude to be acted by their society in the publique hall at aquisgran in germany , in honour of their jubilee : wherein they signified to the people , by printed tickets and pageants , that the popish church of rome should be brought in upon the stage , happily fighting against , triumphing and reigning over all her enemies every where throughout the world , in all ages till that present day , and especially of later times , by their meanes . the beginning of this enterlude being happily acted , and succeeding according to their mindes ; at last there were two armies of soldiers brought by them upon the stage , ready to encounter each other : the one of jesuites and papists , fighting for the church of rome ; the other , representing the protestants warring against her . before their fight , a jesuitical actor , clad in black , personating a popish masse-priest , divineth good success to the popish army , praying for it with an affected devotion and solemne invocation ( or rather profanation ) of gods name : after which , the popish army of actors , as being certain of the instant victory , uttered these words to their captain ( as their parts directed them ) with a loud reiterated voyce and shout ; pereat , pereat , quisquis est hostis ecclesiae : let him perish , let him perish , whoever is an enemy of the church : whereupon a great part of the stage on which they acted , together with the whole popish army ( not one souldier or captain excepted ) at the repeating of these words and wishes , fell to the ground immediately , with so great celerity , that many of them felt they were fallen down , before they discerned themselves to fall ; their feigned enemies of the church ( representing the protestants ) standing all fast , at least in place , if not in mind , on the other part of the stage , which fell not at all . with this sudden fall , many of the popish army were bruised in peeces with the beames of the stage falling upon them ; who through pain and horror , needed monitors to silence their outcries ; others having their bones broken and limbes put out of joynt , were carried to the chirugions to be dressed ; and all the rest confounded with shame , crept away secretly under the veile to their lodging . and so this jesuitical enterlude , by divine justice , ended in a real unexpected bloody tragedy and real rout of the whole pretended victorious popish army of jesuites ; and the scotish wars that yeer ( which they so much depended on ) through gods mercy , concluded in a blessed peace and union between both nations . whereupon , the y irish popish rebels , by the jesuites plots and instigations , seconded with secret encouragements , and promises of assistance with arms and moneys from cardinal richliou , the king of spain , pope , and other forraign popish princes , undertook the late horrid bloody massacre of all the protestants in ireland , and surprisal of all the forts , castles , arms and ammunition therein , on the of october , . z being ignatius day , the founder and new canonized saint of the jesuited society , for the greater honour of their patron , order ; they being the chief plotters of this horrid bloody treason . which horrid conspiracie , though happily discovered the night before its execution , at dublin , and some few places else ; yet it took effect in most other parts of ireland , to the slaughter of neer two hundred thousand protestants there , in few months space ; seconded with a bloody warre , for sundry years ; to the losse of many thousands more lives . to this plot * all the papists in england were privy , who intended the like massacre in england ; and soon after by the popes and * jesuits instigations , by the assistance of sorragin popish princes , they eugaged the king and parliament in a long-lasting bloody uncivill , unchristian war against each other , concluding in the kings and parliaments joynt ruines by an army raised for their mutual defence , seduced thereunto through the jesuits instigations and policies . after which , they engaged the protestants of england and scotland ( formerly united by the strictest b●nds and covenants against them ) to war upon , invade and destroy each other by land ; and soon after that ( by the spanish * agents assistance ) raised a most dangerous bloody warre between our protestant old allies of the neitherlands and the english by sea ; to the infinite dammage , prejudice of both , and the effusions of whole oceans of the gallantest christian protestant blood , that ever yet was shed , the expence of more treasure and men in these intest●●e wars , than would have conquered all spain , italy , and the indies , had they been imployed upon such a designe ; and to the entailing of a * perpetuall army on us and our posterities ; more ready ( as we have of late years found by sad experiments ) to hearken to the jesuits clandestine suggestions , ●eductions , and execute their fore-plotted designes to ruine our kingdomes , parliaments , laws , liberties , monarchy , church , religion , then to follow the advice , votes councels , directions , commands of our parliaments , kingdomes , and the best affected protestants of all ranks who first raised , and have so long maintained them , for quite other ends ( hereafter touched ) then what they ( of late times ) have most pursued , to the popes and jesuits great content . . that the jesuits have endeavoured , attempted the convulsion , concussion , subversion not onely of the empires , realms , and ancient setled governments and states of germany , russia , bohemia , hungaria , france , poland , but likewise of england , scotland and ireland , and to new model them into * other forms of government . what mould of government they intended to cast england into , is thus long since described by william watson ( a secular priest ) in his quodlibets , anno . page , , , . england is the main chance of christendome at this present , by seditions , factions , tampering and aspiring heads : the onely but , mark , white , the jesuits aym at , as well in intention as execution of their pretended expedition , exploit and action . i am of opinion , that no man on earth can tell what government it is they intend to establish , ratifie and confirm , when they come to their preconceited monarchy ; no not any of their plot casters . no question it is , but their government shall be as uncertain as their new conceited monarchy ; their monarchy as mutable as their reign , and their reign as variable as the winde , or proteus in his complements . but no question is to be made of it , but that the government they do directly intend at this present is , a most absolute soveraignty , dominion and state , clearly exempted from any subordination , to any law or legifer divine or humane ; and therefore it is rightly called despoticon in the highest degree of exemplary immuni●le , * imperiality and absolute reign , rule and authority , as containing in it three sorts of government ; s●il . monarchical , aristocraticall , democraticall , in matters of counsell and mannaging of common wealths causes ; not in point of regality , honour and inheritance ; for there shall be neither title , nor name , nor honour given , taken or done to any prince , duke , marquesse , earl , viscount , lord , baron , or the like , ( all the jesuitical governours being puritan like , seniours , elders , provincials , &c. ) neither shall there be any successions by birth or blood , to any honour , office or magistracy from the monarch , pater general , to the minor , p●ter minister , but all shall go by * election or choice . whether our late and present variable floating new moulded governments have not been cast by this long since predicted jesuiticall mould , let wise men , with all our late , yea present governours , now sadly consider and determine . . that the * jesuits in a publique disputation held at madrid , published by them under this title ; conclusiones politicae sub regis domini nostri praesidio , instructed the king of spain ( their chief protector , * whom they most extoll above all other kings , to promote both his universall monarchy and their own thereby . ) that in relation to his empire , power was necessary , which power they defined to be ; a faculty , not onely of retaining the kingdomes he already possessed , but likewise of acquiring other mens . perswading him by this doctrine to believe : that he was therefore consecrated a catholike king by god , that he might enjoy a faculty , not onely of keeping his own , but also of invading and seising upon other mens dominions . for to retain ones own , was the praise onely of a private family : de alienis certare regia laus est : but it was a royall praise to fight for that which is other mens : nec regnandi causa jus violare crimen est , dum caeteris rebus pietas colatur : neither is it a crime to violate law or right , to reign or gain a crown , whiles that piety in other things shall be observed . which jesuitical machivilian unrighteous doctrine , though ( as alphonsus vargas , a spanish popish priest resolves ) it be diametrically contrary to the doctrine of our lord jesus himself , instructing men , that * aliena obtinere non potentis principis , sed impotentis ac violenti praedonis est : yet the jesuites and their instruments of late years have sufficiently propagated it amongst our english grandees and army-saints ; for a most sacred oracle , as their violent invasions of other mens realms , powers , offices , pallaces , lands , estates , and possessions of all kindes , by meer armed power and might , demonstrate beyond contradiction . . that the * jesuites in their book , de zelo s. ignatii in religione sua instituenda , printed at madrid , p. , do glory ; hoc societatis proprium esse , ut quotidie nov●● promat inventiones quibus homines ad deum perducantur : that this is the property of their society , that it daily brings forth new inventions , whereby men may be brought home to god ( that is , to their religion and society ) the principle whereof they , and vargas record , to be these . their perswading of men to embrace the gospel , by an army ; the use of armes , power , terrour , fire : their exercise of merchandize ( which many of them in most places & in * england too , now use , they being very great merchants , factors , and returners of moneys by bils of exchange ) and of all other secular imployments , callings , in lay-mens habits , the more easily to insinuate themselves into all countries , places , companies and societies of men to infect , seduce , and discover their secrets , according to this their received maxime ; jesuita est omnis homo : a jesuit is every man : that is , a man of all professions , callings , sects , religions to effect his ends : their questioning , traducing , oppugning , censuring of all the articles of the apostles creed , and received principles , doctrines of christian religion ; corrupting , slighting , falsifying the scriptures themselves , together with councils , fathers , schoolmen , and all other divines ; but those onely of their own order , which they incomparably extoll above and prefer before all other : their venting of new opinions , notions , revelations , expos●●ions , crochets , herefies , problems , both in divinity itself , and all other arts and sciences in the presse , pulpit , universities , schools . and if these ( as vargas assures us ) be their properties and new inventions to propagate the gospel , and draw men unto god ( which our lord jesus himself and his true disciples were wholy ignorant of ) may we not certainly conclude , that they have of late years been extraordinary busie at this their harvest work amongst us , and more especially in spreading their gospel by an army , and taking upon them the use of arms , in 〈◊〉 of their military father ignatius , with all other secular imployments , and new sects to draw proselites and new separate congregations to them , throughout our realms , to destroy both our church discipline and religion , as well as our civill government and laws ? . that as the whole house of commons in their * remonstrance of . december . charge the jesuites , and late jesuited court-counsellors , with a malignant and pernicious designe , of subverting the fundamental laws and principles of government upon which the religion and justice of the kingdome are firmly established . so william watson a secular priest , chargeth father parsons , the english jesuite , and his jesuited companions , in their memorial for reformation of england , when it should be reduced under the power of the jesuites ( as parsons was confident it would be , though he should not live to see it ) written at sevil in spain , anno dom. . that they intended to have magna charta , with our common fundamental laws and liberties , abrogated and suppressed : thus expressed by william watson in his quodlibets , pag. , , . father parsons and the jesuites in their deep jesuitical court of parliament , begun at styx in phlegeton , have compiled their acts in a compleat volume , intituled : the * high covrt of reformation for england . and to give you a taste of their intent by that base court of a tribe of traitors sawcily ( like to gade , jack straw , and tom tiler ) vsvrping the avthority of both states , ecclesiastical and temporall in all their rebelliovs enterprices : these were principall points discussed , set down , and so decreed by them , &c. he first mentions three of them relating to * church-men , scholars , and church and colledge-lands : which were to be put in fee off●●s hands , and they all to be reduced unto arbitrary pensions , &c. and then proceeds thus to the fourth . the fourth statute was there made concerning the common laws of this land ; and that consisted of this one principal point , that , all the great charters of england must be burnt ; the manner of holding lands in fee simple , fee tail ; kings service , soccage or villanage , brought into villany , scogg●●y and popularity ; and in few , the common law must be wholy annihillated , abolished , and troden down under foot , and caesars civill imperials brought amongst us , and sway for a time in their places . all whatsoever england yeelds , being but base , barbarous , and void of all sence , knowledge , or discretion shewed in the first founders , and legifers ; and on the other side , all whatsoever is or shal be brought in by these out-casts of moses , stain of solon , and refuse of lycurgus , must be reputed for metaphysical , seme-divine , and of more excellency than the other were . which he thus seconds , quodlibet . article . p. . first , it is plain , that father parsons and his company ( divide it amongst them how they list ) have laid a plot , as being most consonant and fitting for their other designments , that the common laws of the realm of england must be ( forsooth ) either abolished utterly : or else , bear no greater sway in the realm than the civil law doth . and the * chief reason is , for that the state of the crown and kingdome by the common laws is so strongly settled , as whilest they continue , the jesuites see not how they can work their wills . and on the other side , in the civil laws , they think they have some shreds , whereby they may patch a cloak together to cover a bloody shew of their treasons for the present , from the eys of the vulgar people . secondly , the said good father hath set down a course how every man may shake off all authority at their pleasures , as if he would become a new anabaptist , or king john of leydon , to draw all the world into mutiny , ●ebellion and combustion . and the stratagem is , how the * common people may be inveigled & seduced to conceit to themselves such a liberty or prerogative , as that it may be lawfull for them , when they think meet , to place and displace kings and princes , as men do their tenants at will , hirelings or ordinary servants . which anabaptistical and abominable doctrine , proceeding from a turbul●nt tribe of traiterous puritan●s , and other hereticks , this treacherous jesuite would now foist into the catholick church , as a ground of his corrupt divinity . and p. , . he intends to alter and change all laws , customs , and orders of this noble isle . he hath prejudiced the law of property , in instituting government , governours , and hereditary princes to be , beneplacitvm popvli , and all other private possessions , ad bene-placitum sui &c whether any such new deep jesuitical court of parliament , and high court of reformation for england , to carry on this old design of the jesuites against our laws , hath been of late years sitting amongst us in or neer westminster , or elswhere , in secret counsel every week , as divers intelligent protestants have informed me , and * hugh peters reported to divers on his own knowledge ( being well acquainted with their persons and practises of late years ) it concerns others neerer to them , and more able then i to examine . sure i am , a greater man by far then hugh peters , in an assembly of divines and others , for reconciling all dissenting parties , not long since * averred to them on his own knowledge : that during our late innovations , distractions , subversions in church , state , and overturning of laws and government , the common adversary hath taken many advantages , to effect his designes thereby in civill and spiritual respects . that he knew very well , that emissaries of the jesuites * never came over in those swarms , as they have done , since these things were on foot . that divers gentlemne can bear witnes with him , that they had a consistory and councel abroad , that * rules all the affairs of the things in england . that they had fixed in england , in the limits of most cathedrals ( of which he was able to produce the particular instrument ) an episcopal power , with archdeacons and other persons , to pervert , seduce , and deceive the people : and all this , whiles we were in this sad and deplorable distracted condition . yea , most certain it is , that many hundreds ( if not some thousands ) of them , within these few years , have been sent over from forraign seminaries into england under the disguises of * converted jews , physitians , chyrurgions , mechanicks of all sorts , merchants , factors , travellers , souldiers , and some of them particularly into the army ; as appears by the late printed examination of ramsey the anabaptized , new-dipped jesuite , under the mask of a jewish convert , taken at new castle in june . and by sundry severall late instances i could name . to pretermit all instances of diverse particular jesuites come over into england , not only within these few years but moneths , discovered by persons of credit ; with sir kenelm digby ; who though the son of one of the executed old popish gunpowder traitors ; a dangerous active seducing jesuited papist , if not a professed jesuit ; * who in the years and . conspired with the popes nuncio and a conclave of jesuites sitting in council at london , to subvert our religion , introduce a universall tolleration of the popish religion in our kingomes , new modle and shake our former established government , and to poyson , destroy the late king himself , in case he consented not to them therein : and for this very purpose , both plotted , raised , promoted the first wars between the protestants of england and scotland , * which he abetted all he could , by his letters and secret collections of moneys from all the papists throughout england and elswhere , who largly contributed to this war and designe : for which he , sir john winter , master mountague and others ( who had a hand in this conspiracy ) were convented and brought upon their knees at the commons house-bar , jan. . . upon which he retyring into france was about may . sent as a speciall embassadour from the queen to the pope of rome himself , to solicit him for ayds of monies , men , arms , against the parliament ; is first audience , he had the best reception ; and fairest promises of aid in general that could be wished ; writing hopefully of supplies of moneys from rome to the queen and others , as both houses of parliament in their c declaration and letters , ( published march . ) proclaim to all the world ) and likewise good hopes of d a cardinals cap for himself , or the lord aubeny , or mr. mountagne , for which he and the queen sollicited . after that , upon his return from rome , he was sent over into england about decemb. . as e a fit instrument to new-moddle us into a commonwealth , and promote the violent proceedings of the army officers and their confederates ( set on work by the jesuits and their agents , ) against the late king , parliament , members : where , upon his arrival , he was , instead of being apprehended and brought to justice for the premises , hugged by some grandees whom he courted , permitted to ride and walk about at large , while the members were under strict guards and restraints ; frequently repaired to whitehall , where he was well received ; his sequestration totally taken off , without any fees or gratification , by special order ; and himself now at last permitted to lodge not only in wildemans house , ( where the queens capuchins formerly resided ) but sometimes in whitehall it self ; to the admiration of many understanding protestants , who justly suspect , he hath there more disguised iesuits to consult with , and promote both their old and new designs against our church , state , religion , laws , liberties , till they have brought them and us to utter ruine . i shall for brevity sake acquaint you with one memorable general instance , discovering what swarms of jesuites are now amongst us , under other visors . an english protestant nobleman ( a person of honor ) whose ancestors were papists , being courteously entertained within these two years at rome by some eminent iesuits , in their chief colledge there , was brought by them into a gallery having chambers round about it , with titles over every door for several kingdoms , and amongst the rest , one for england . upon which , he enquiring of the iesuits , what these titles signified ; was answered by them , that they were the chambers of the provincial iesuits , of each kingdom and province ( written ever the respective doors ) wherein they had any members of their society now residing , who received all letters of intelligence from their agents in those places every week , and gave account of the to the general of their order . that the provincial for england , lodged in the chamber over which the title england was written , who could shew him the last news from england : which he desiring to see , they thereupon knocked at the door , which was presently opened : the provincial being informed who & what the lord was , read the last news from england to them . hereupon the nobleman demanded of them . whether any of their society were now in england ? & how they could stay with safety , or support themselves there , seeing most of the english nobility , gentry , and families that were papists , were ruined in their estates , or sequestred by the late wars & troubles , so as they could neither harbour , conceal nor maintain them , as they had done heretofore ? they answered , it was true ; but the greater the dangers and difficulties of those of their society now in england were , the greater was their merit . and that they had then above fiftéen hundred of their society in england , able to work in several professions & trades , which they had there taken upon them , the better to support & secure themselves from being discovered ; ( who , together with some popish priests and friers no doubt , upon diligent inquiry will appear to be the * chiefest speakers , quakers , disputers , seducers , rulers in most separate congregations , and the principle brochers of all new opinions , blasphemies , now abounding amongst us . ) this relation i have heard from the mouth of a reverend divine more than once ; to whom this noble lord , upo his return into england not many months since , seriously related the premises , averring the truth of them upon his honour . yet for all this , since the stupendious pretended repeals and annihilations of the oaths of supremacy and allegiance , & that of abjuration of popery ( consented to by the late king in the isle of wight ) purposely made for the better detection and prevention of iesuites , and their treasonable forementioned practises against our church , kingdoms , princes , religion , parliaments , and government , by the wisdom and zeal of our best affected vigilant * protestant parliaments ; i can neither hear nor read of any effectual means , endeavoured or prescribed by any in power , for the discovery of these romish ianizaries , or banishing , feretting , and keeping them out of england , where they have wrought so much mischief of late years , and whose utter ruine they attempt : nor any incouragement at all given to the discoverers of their plots and persons ; but many affronts and discouragements put upon them , and particularly on my self , lately mewed up close prisoner , under strictest guards in remotest castles , near three years space ( without * any accusation , hearing or particular cause yet assigned or disclosed to me , though oft then and since demanded by me from my imprisoners ) whiles they all walked abroad at large , of purpose to hinder me from any discoveries of their practises by my pen , where as they printed , vended publickly here in england above popish books of several kinds during my imprisonment , without the least restraint , to oppugne our protestant established religion ( as * many of them do in terminis as most damnable heresie ) propagate the jesuites plots , and antichristian romish church and religion amongst us , as you may read at large in the stationers beacon fired ; which seasonable book , and discovery of these romish emissaries books and plots , some * officers of the army , in their beacon quenched , publickly traduced in print , as a new-powder-treason of the presbyterian party , to blow up the army , and that pretended parliament ( of their own erection ) which themselves soon after blew up and dissolved in good earnest , pleading for a free toleration of such popish books , and all religions , as agreeable to the armies engagements and principles , to carry on their designs against our religion and laws . but most certain it is ; there hath been of late years not only a general councel of officers of the army sitting many moneths together in councel , to * alter and new model all our ancient laws and statutes , in pursuance of father parson's design ; but likewise two conventicles of their own selection and election , sitting of late in the parliament house at westminster , assuming to themselves the name , and far more than the power , of the parliament of the commonwealth of england ; together with the transcendent ambitious title of the supream authority of the nation , ( in derogation of the army officers supremacy , who sufficiently chastised them for this strange usurpation ) who have made it their chief businesse , not only to new-model our ancient fundamental government , parliaments , ministry , ministers maintenance , by glebes , tithes , and our universities , much according to parsons and his fellow jesuites forementioned plat-formes , and thomas campanella his instructions to the king of spain , de monarchia hisp. c. . but likewise to new-mould , subvert , eradicate the whole body of our * municipal laws , and with them the great charter of our liberties it self . and in their last cas●iered , unelected convention , ( as some of their companions , now in greatest power assure us , in their ſ true state of the case of the commonwealth of england , &c. london , . p. , , , . ) there was a strong prevailing party whom nothing would satisfie , but a total eradication of the whole body of the good old laws of england ( the guardians of our lives and fortunes ) to the utter subversion of civil right and propriety ; who likewise took upon them ( by vertue of a supposed right of saintship in themselves ) to lay the foundation of a new platform , which was to go under the name of a fift monarchy ▪ never to have an end , but to * war withall other powers and break them to pieces , baptizing all their proselites into this principle and perswasion ; that the powers formerly in being , were branches of the t fourth monarchy ( of england , scotland ; and ireland ) which must be rooted up and destroyed . and what other fifth monarchy this could be , but that projected universal monarchy of the iesuites , which would bring the whole monarchy of great britain and ireland , together with france , spain , and all other princes , states in christendome under the ●esuites subjection , and break all other powers in pieces ; ( mentioned by watson , in his quodlibets p. , to . and alphonsus de vargas , relatio de stratagematis & sophismatis politicis societatis iesu , ad monarchiam orbis terrarum sibi conficiendam c. . &c. ) or else , that elective new monarchy of great britain and ireland , projected by v campanella and cardinal richelieu , which some grandees now endeavour by their instrument to erect and perpetuate for ever x without alteration in themselves and their successors , ( though they thus expresly brand it in others ; ) let themselves , and wise men resolve ? it being apparent , by the practises and proceedings of all the propugners of this new project , that this fifth monarchy they intend to erect , is neither the spiritual * kingdom of iesus christ in their own hearts , mortifying their ambitiō , covetousness , pride , self-seeking , unrighteousness , violence , rapines , & other worldly lusts ; nor the personal reign of christ himself alone , in and over our kingdoms , and all other nations for ever , * depriving all temporal kings and princes of their crowns , rights , and government over their subjects ; which they falsly endeavour to evince from dan. . , , c. . , . micah . , , . luke . , . rev. . . to . cor. . , . heb. . , , . but a meer supream , arbitrary , temporal authority without bounds or limits , encroached by and erected in themselves and their confederates , without any colour of right or title by the laws of god or the realm , and no ways intended , but refuted by all these sacred scriptures & others , which explain them . this design of the jesuites , to alter and subvert the whole body of our laws , was so far promoted by the iesuitical and anabaptistical party in this last assembly , ( elected only by the y army-officers , ) that on aug. . . ( as our news-books print , ) they ordered , there should be a committee selected , to consider of a a new body of the law , for the government of this commonwealth , who were to new-mould the whole body of the law : according to parsons his mould . and hereupon our cheating astrologers ( especially lilly & culpeper , the z iesuites grand factors to cry down our laws , tithes , ministers ) from the meer visible earthly conjunctions , votes , motions , influences of these new wandring excentrick planets at westminster only , ( not of any coelestial stars , as they would make country-clowns believe , alwayes moving and acting themselves by an unalterable law from the very creation until now , gen. . . to . c. . . psal . . . psal . . . . ier. . , . c. . , . iob . , . therefore no ways exciting men to alter fundamental laws and governments here on earth ) took upon them in their a monthly prognostications for this year . versity & college lands by monthly endless taxes , excises , & a perpetual law , tith-oppugning , parliament-dissolving army , in whose councels , we have cause to fear , the iesuites have been most predominant of late years , and will still make use of them to our final ruine , if not effectually purged out , and the army new moulded , new principled , if any longer continued under pretext of publick safety , and not wholy disbanded for the peoples ease and liberty . it is worthy observation , that tho. campanella a prescribed the sowing , and continual nourishing of divisions , dissentions , discords , sects and schisms among us , both in state and church ( by the machivilian plots and policies he suggests , punctually prosecuted among us of late years ) as the principal means to weaken , ruine both our nation and religion , and bring us under the spanish and popish yokes at last : witness his , iamvero ad enervandos anglos nihil tam conducit quam dissentio et discordia inter illos excit at a perpetuoque nutrita , quod cit● meli●res occasiones suppeditabi● : and that principally , by instigating the nobles and chief men of the parliament of england : ut angliamin formam reipublicae reducant ad imitationem hollandorvm : which our republicans lately did by the power of the army - officers ; or , by sowing the seeds of an inexplicable war , between england and scotland ; by making it an elective kingdom , ( as some now endeavour under another notion ) or by setting up other kings of another race , without legal right , or just title , against that ancient , unquestioned , undoubted right and title setled , established in king iames and his royal posterity by inherent birthright , and lawfull right of descent by * god himself and his laws , confirmned & strengthned by all possible titles and rights of compact , laws , statutes , oaths , perpetual uncontradicted custome , protestations , covenants , the solemn publick faith and engagement of our english parliaments & nation , for themselves , their heirs & posterities for ever , as the statutes of iacobi c. . , , iac. c. . , . iac. c. . which both houses of parliament in their declaration of nov. . . exact collect. p. resolve . and that upon this suggestion to the people ; crudelem fore scotum ubi semel imperium in illos obtinuerit ▪ 〈…〉 mente , repostum , quanta injuria angli scotos superioribus illis annis afficerint . praeterea suspicionem cis incu●iat , fore ut jacobus caedem maternam vindicaturus sit , &c. exasperandi sunt etiam animi episcoporū ( presbyterorū ) anglicorum proponendo illis regem scotiae calvinismum amplexum esse spe & cupiditate regni , adactumqve vi , a baronibus haereticis ; quod si vero regnu● angliae etiam ●btineat , tvm illvm cito priorem religionem revocaturum esse : qùandoquidem non solum maria ejvs mater moriens , virum etiā rex ipse galliarvm svmmopore ei religionem catholicam commendarint , &c. yet now transcribed almost verbatim out of * thomas campanella , ( who suggested it against king james to alienate the english from him , & keep him from the crown ) & very freshly by the authors of , the true state of the case of the commonwealth , &c. p. , . objected against the present king of scots and royal issue , to deprive him and them from the crowne of england , and engage the whole english nation against their title , to vest it in some other family in greatest power . ) or if these projects should fail , then by dividing us into many kingdoms or republicks , dislinct one from another ; and by sowing the seeds of schisms , and making alterations and innovations in all arts , sciences , and our religion . the old plots of b campanella , c parsons , and late designs of d cardinal richelieu , of the pope , spaniard , jesuites , to undo , subvert our protestant churches , kings , kingdoms and religion , as the marginal authors irrefragably evidence : yet all visibly set on foot , yea , openly pursued , and in a great measure accomplished by some late , nay present grandees and army-officers , who cry up themselves for our greatest patrons , preservers , deliverers , and anti-jesuits , when they have rather been but the * jesuites , popes , spaniards and other forraign enemies instruments and factors , in all the late changes , new-models of our government , parliaments , & pretended reformations of our laws and religion , through inadvertency , circumvention , or self-ended respects , as many wise and godly men justly fear . for prevention whereof , i shall recommend to the whole kingdoms serious consideration , the memorable preamble of the statute of h. . c. . discovering the like plots of the pope and our forraign enemies to 〈…〉 to prevent them for the future , in these ensuing words . in their most humble wise shewen unto your majesty , your most humble and obedient subjects , the lords spiritual and temporal , and the commons in this present parliament assembled : that since it is the natural inclination of every man , gladly and willingly to provide for the surety , both of his title and succession , although it touch his only private cause : we therefore , most rightful and dreadful soveraign lord , reck●n our selves much more bounden , to beseech and instant your highness , although we doubt not of your princely heart and wisdom , mixed with a natural affection to the same , to foresee and provide for the perfect surety of both you and of your most lawful succession and heirs , upon which dependeth all our joy & wealth ; in whom also is united and knit , the only meer true inheritance and title of this realm , without any contradiction : wherefore , we your said most humble and obedient subjects in this present parliament assembled , calling to our mind the great divisions , which in times past have been in this realm , by reason of several titles pretended to the imperial crown of the same ; which sometimes , and for the most p●rt , ensued by occasion of ambiguity and doubts , then not so perfectly declared , but that men might upon froward intents expound them to every mans sinister appetite and affection , after their sence , contrary to the right legality of the succession and posterity of the lawfull kings & emperors of this realm , whereof hath ensued great effusion & destruction of mans blood , as well of a great number of the nobles , as of other subjects , and specially inheritors in the same . and the greatest occasion hath been , because no perfect & substantial provision by law hath binmade within this realm it self , when doubts and questions have been moved , & proponed of the certainty & legality of the succession & posterity of the crown . by reason whereof , the bishop of rome , & see apostolick , contrary to the great and inviolable grants of jurisdictions by god immediatly to emperours , kings & princes in succession to their heirs , hath presumed in time past , to invest who should please them to inherit in other mens kingdoms & dominions ; which thing , we your most humble subjects , both spiritual and temporal , do most abhor & detest : and sometimes other forraign princes and potentates of sundry degrees , minding rather dissention & discord to continue in the realm , to th'utter desolatiō therof , then charity , equity , or unity , have many times supported wrong titles , wher by they might easily & facilly aspire to the superiority of the same , the continuance & sufferance whereof deeply considered & pondered , were too dangerous and perillous to be suffered any longer within this realm , & too much contrary to the unity , peace and tranquility of the same , being greatly reproachful and dishonourable to the whole realm . in consideration wherof , your said most humble and obedient subjects , the nobles and commons of this realm , calling further to their remembrance , that the good , unity , peace , and wealth of this realm , and the succession of the subjects of the same , most specially & principally above all wordly things , consisteth and resteth in the certainty and surety of the procreation , & posterity of your highness , in whose most royal person at this present time , is no manner of doubt or question , do therefore most humbly beseech your highnes , &c. to declare the establishment of the successiō of your royal posterity in the imperial crowns of this realm : as he and they did by this & other succeeding acts of parl. & in eliz c. . & jac. c. . to prevent the like civil wars and mischiefs for succeeding ages , now revived , promoted by the pope , jesuits , & foraign popish princes to work our ruine . certainly , whosoever shall seriously ponder the premises , with these passages in william watsons quodlibets concerning the jesuits , e . that some of the jesuits society have insinuated themselves into all the princes courts of christendom , where some of their intelligencers reside , and set up a secret counsel , of purpose to receive and give intelligence to their general at rome , of the secrets of their soveraigns , and of all occurrents in those parts of the world , which they dispatch to and fro by such cyphers , which are to themselves best , but comm̄only only to themselves known , so that nothing is done in england , but it is known at rome within a month after at least , & reply made back as occasion is offered , to the consequent overthrow of their own natural country of england , and their native princes and realms , by their unnatural treasons against them ; that so the jesuits might be those long gowns , which should reign and govern the island of great britain . to which i shall add that of rob : turner an english jesuit , in his epistles printed at ingolstad , an. . ep. . volui irrepere , volui irrumpere in intimas aulas principum ; volui videre omnia , ut ad justitiae norman praeclare exigerem . vix coeperam obi●e principū aulas , cum viderim hoereticorū illum mundum administrari a stultis , &c. with that of hospinian , historia jesuitica l. . p. . that the jesuits are so subtil , vigilant , bold , laborious , and indued with such a faci●lty of flattery , insinuation , acting and hurting in princes courts , that they exactly discover , know , and fish out all their secrets , ( which they eve●l to their superiors , the pope and spaniard ) and alone rule all things in them : so that the courts of europe are more grievously infested & afflicted by the iesuites , than the court of pharoah was of old by the aegyptian ●rogs . and may we not then justly fear our new court hath been as much pestered and infested by them of late years , as our old court heretofore ? 〈◊〉 f that the jesuites hope and endeavour to have england , scotland and ireland under them , to make these northern islands a iaponian island of iesuites , and one iesuitical monarchy , ; and to infeoffe themselves by hook or by crook in the whole imperial dominions of great britain with the remainder over to their corporation , or puni-fathers succeeding them , as heirs specially in their society , by a state of perpetuity : putting all the whole blood royal of england to the formidon , as but heirs general in one predicament together , as now they have done . . g that the jesuites have magistracy , kings , magistrates , ministers , priesthood , and priests in high contempt ; publishing many slanderous , seditious ; trayterous , and infamous speeches , libels , and books against them , to render them odious and contemptible to the people , full of plots , exasperations against the church and commonwealth , like rebellious traytors , to bring all into an uproar , that they may have all countries , kingdoms , governments , successions , states , inhabitants , and all at their pleasure . . that the h jesuites have taught the people ( in order to get england under their power , and in order to god or religion , as they stile it , ) that subjects are bound no longer to obey wicked or heretical princes and kings deflecting from the catholick religion , and drawing others with them , but till they be able by force of arms to resist and depose them . that the popular multitude may upon these grounds , when they think meet , place and displace their princes and chief officers at their pleasure , as men may do their tenants at will , hirelings , or ordinary servants , putting no difference in their choice vpon any right or title to crowns or kingdome , by birth or blood or otherwise , then as these fathers ( forsooth ) shall approve it , by this all things must be wrought and framed , conformable to opportunities of times and occasions ; as for example : the people must have a right and interest in them , and to doe what they list in choice of their kings and supream governours , til they have set such a person or usurper in the crown , * as they for their ends have designed ; and then the times and occasions changing , when such a one is setled in the throne , the former doctrine and practises must be holden for a mistaking ; yet such , as seeing it cannot be holpen , the people must beware herafter of attempting the like again . by this a check must be given to the publishers of such paradoxes , ( when they have accomplished their designed ends , ) after that a dispensation procured for the offenders , and then all shall be well ever after ; till a new opportunity for their further advantage . . that the i jesuits by abs●rd equivocations , counterfeited perjuries , sacriledges , and cousenage , become all things to all men , that they may gain all ; as to be seminary priests amongst seminaries ; secular priests , among seculars ; religious men , among religious ; seditious men among seditious ; factions spaniards amongst spaniards ; english traytors among traytors ; scotish vilains , among scots , &c. and amongst all these , to deny and affirm , to object and answer , to swear and forswear , whatsoever may be a gain to them , for their pragmatical commonwealth and society . no wonder then , if they transform themselves into all shapes , and take upon them all professions now amongst us . . that the k jesuits by their devices and practises , have brought all to machiavels rule , divide et impera , in sowing division , breeding of jealousies , and making of hoslile strife , by opposition of king against king , state against state , priest against priest , peer against peer , parents against children , children against parents , sisters against brothers , servants against masters , wives against husbands , husbands against wives , and one friend against another , raising up rebellions , mvrdring of princes , making uproars every where , until they make those they cannot otherwise winne unto them , either yield to be their vassals to live quiet by them , or force them to flight , or drive them out of their wits , or otherwise plague them to death . . that the l jesuits by their cursed positions , and machiavillian practises , have made religion it self a meer political and atheal device ; a pragmatical science of figboys , and but an art of such as live by their wits , and the principles of machiavel taught by their rabb●es ; yea , a very hotch potch of omnium gatherum , religious , secular , clergical , laical , ecclesiastical , spiritual , temporal , martial , civil , aecomenical , political , liberal , mechannical , municipal , irregular , and all withovt order ; so that they are not worthy to be called religious , ecclesiasticks , catholicks , nor temporal mechannical christians ; but rather machiavillians , atheists , apostates ; their course of life shewing what their study is ; and that howsoever they boast of their perfections , holiness , meditations and exercises , ( as if they were all superlatives , all metaphysicians , all entia transcendentia ) yet their platform is heathenish , tyrannical , sathannical , able to set aretine , lucian , machiavel , yea , and don lucifer , in a sort to school . those , i say , who shall sadly ponder all these premises , and compare them with the late practises , policies and proceedings of some swaying politicians of our age ( infected likewise with this atheistical state-maxime , amongst others derived from the jesuits , and machiavillian spanish state-counsellers : ) in reipublicae administratione , quaedam licita esse ratione statvs , alia respectu conscientiae : which * thomas campanella ( as bad as he is ) not only severely censures , but thus declaims against with highest detestation , qua opinione profecto nihil magis absvrdvm av● impivm ne excogitari quidem potest : nam qui conscientiae universalem suam jurisdictionem in omnes res humanas tam pvblicas qvam privatas , subtrahit , ostendit , se nec conscientiam , nec devm habere , &c. siquidem omnia scandala ecclesiae dei , & pertvrbationes orbis terrarvm , inde orta svnt : that men may do against all laws of god and man , their own consciences , trusts , oaths , out of a pretext of the benefit , safety of the state , & publick good , as most now do ; or , compare thē with the constitution of our church , state , religion , publike affairs , must needs acknowledg , that these pragmatical iesuits have bin very active , prevalent , powerful , successful , and not only militant but triumphant , of late years amongst us , under some disguise or other : that they have dangerously poysoned us with these their machiavillian and atheal policies , practises positions , and have more real disciples , factors , if not tutors , now amongst us , then in any former ages : and is it not high time then to endeavour to detect their persons , and prevent their dangerous designs upon us , with greatest care and diligence ? truly though most others be negligent and fearfull herein , yet that text of ezek. . , . and thou son of man , be not afraid of them , neither be afraid of their words , though bryars and thorns be with thee , and thou dost dwell among scorpions , be not afraid of their words , nor be dismayed at their looks , though they be a rebellions house . and thou shalt speak my words unto them , whether they will hear , or whether they will forbear , for they are most rebelliovs ; hath animated me to exonerate my conscience herein , and to say with the prophet , isai . . . for zions ( englands ) sake i will not hold my peace , and for ierusalems sake i will not rest , until the righteousness thereof go forth as brightness , and the salvation thereof as a lamp that burneth . wherefore , upon serious consideration of all these premises , and of all those sacred solemn oaths , that protestation , vow , league , and national covenant , which i have formerly taken ( lying still as so many ) f indissoluble obligations on my soul , notwithstanding the ingrate , malicious , unchristian requitals of all my former unmercinary services , sufferings for religion , laws , liberties , and the publique , in times of greatest danger , recompenced only with long causeless , close imprisonments , injuries , affronts , losses of all kinds , by pretended friends and patrons of our liberties , as well as by professed causeless enemies . and notwithstanding all other discouragements from the general baseness , cowardise , sottishness , slavishness , degenerated spirits of the whole nation , and their strange fearfulness even publiquely to own , much less cordially , to assist , defend , ( according to the sixth article of the covenant ) those few couragious patrons who have hazarded their lives , liberties , limbs , estates , and all earthly comforts for the publique defence of our religion , the laws , liberties , priviledges of our kingdom , church , parliament , against the old and late avowed subverters of them , whose very g company , visits the generality of their former friends and acquaintance have declined , ( as if they had some plague sores on them ; ) not only during their late restraints , but likewise since their enlargements out of them , ( enough to perswade them never to write , speak , act , or suffer any thing more , for such ingrate , unworthy creatures , but rather to put their helping hands , to make them and their posterities slaves for ever . ) i have yet once more , out of pure zeal , love , conscience towards my native country , adventured my life , liberty , and decayed estate , ( considering the lawlessness and danger of the times , not the justice and goodness of the common cause , i plead ) for the necessary defence of the fundamental liberties , franchises , lawes , rights , parliaments , priviledges , and government of our enslaved nation , ( though every way * unworthy to be beloved by god , or men of noble spirits ) in this seasonable , legal , historical vindication and collection ; wherein i have with all boldness , faithfulness , without the least fear or flattery of any mortals or created powers whatsoever , argued , evinced , maintained my own particular , with the whole nations publique right and inheritance in them , ( of which few or none take any care , but only of their own private gains , case , safely , though with the † publike ruine ) and endeavoured ( as much as in me lies ) to preserve them and our religion from the several jesuitical plots , counsels , specified in the whole commons house remonstrance of december . exact collection , p. . to . of late years revived , and more vigorously pursued than ever , and to rescue them out of the claws of tyranny , and all usurping arbitrary powers , which have avowedly encroached on , yea trampled them under feet of late , more than ever the worst of all our monarchs , or beheaded king did , though declaimed against , as the greatest of tyrants by some who have transcended him in his worst regal exorbitances ; and particularly in this , which the lords and commons in parliament , in their * declaration of aug. . . thus grievously complained of , and objected against the kings ill counsellers , that the laws , were no protection or defence of any mans right , all was subject to will and power , which imposed what payments they thovght fit , to drain the subjects purses , and supply those necessities , which their ill counsel had brought upon the king , and gratify such as were instrumental in promoting most illegal and opressive covrses . those who yielded and complied were countenanced and advanced , all others disgraced and kept under , ( and are they not so now , as much as then ? ) that ●o their minds made poor and base , ( as they were never so poor and base as now ) and their liberties lost and gone ( as they were never so much as now ) they might be ready to * let go their religion whensoever it should be resolved to alter it , which was , and still is , the great design , and all the rest made use of as instrumental and subservient to it . upon which consideration they thus concluded that declaration , therefore we the lords and commons are resolved , to expose our lives and fortunes for the defence and maintenance of the true religion , the kings person , honor and estate , the power and priviledge of parliament , the just rights and liberty of the subject , and we do hereby require all those who have any sence of piety , honor or compassion , to help a distressed state , especially svch who have taken the protestation , and are bound in the same duty with us unto their god , their king and country , to come into their aid and assistance . that which hath not a little encouraged me hereunto , is not only this their publick call , but likewise this memorable passage , vow , protestation of the lords and commons assembled in parliament , in their printed h declaration in answer to his majesties of october . . which i fear most of them since in power have quite forgotten ; and therefore i beseech them now seriously to remember it . though we know very well , there are too many of the gentry of this kingdom , who to satisfy the lvsts of their own ambition , are content , like esau , to sell their birth-right , and care not to svbmit themselves to any arbitrary and unlimited government , so they may for their own time partake of that power , to trample and insult over others : ( and have not , are not some of these declarers and censures such themselves ? ) yet we are assured , that there are of the gentry many worthy and true hearted patriots , ( but where are those many now ? ) who are ready to lay down their lives and fortunes , and of late have given ample testimony thereof , for maintenance of their lawes , liberties , and religion ; and with them and others of their resolution we shall be ready to live and die . ( but how many of these declarers have made good this publike engagement ? yea , have not some of them been , and still are more ready to secure , seclude , disoffice , imprison , kill , slay any such true-hearted patrons , as i have felt by sad experience , than to live and die with them ? ) and we must own it as our duty , to use our best endeavors , that the meanest of the commonalty may enjoy their own birth-rights , freedom and liberty of the laws of the land , being * equally entituled thereto with the greatest subject . i trust therefore the greatest grandees in late or present power , neither will nor can be offended with me , and that all the nobility , gentry , commons , and true-hearted . patrons in the nation , who bear any love to the laws , li-liberties , freedom of the people , for which their ancestors and they have so long , so stoutly contended heretofore , and lately with our kings ; will live and die with me in this their vi●dication and defence , against any of their fellow-subjects , who shall endeavor to subvert or deprive them of the full and free enjoyment of all or any of them , according to this engagement and declaration : wherein there are these further observable passages , relating to the parliaments priviledges and its members , which i desire our army-grandees , who impeached , secured , secluded my self with other members of the last true parliament , levied war against and forcibly dissolved it ; with the contrivers of our late new-modelled governments , would seriously ponder ; who in common justice must be content to be as freely told of and reprehended for their * frauds , faults in print ( where the publike and every mans private interest , right , liberty , security , is concerned ) as they have censured others , as well their superiors , as equalls , oft in print , though perchance l●sse peccant than themselves i in that they object against them . k for the matter of his majesties raising an army against the parliament ( wherein many papists , priests , jesuites were imployed ) and taking away the priviledge thereof , we shall refer it to the judgement of every ordinary capacity , whether it be void of sense to say , that this war is raised against the parliament ; but the truth is , that it is not a few persons , but the parliament it self , is the thorn that lies in these mens sides , which , heretofore when it was wont to ●rick them , was with much ease ( by a sudden dissolution ) pulled out : but now that is more deeply fastned by the act of continuance , they would force it out by the power of an army . ( hath not this been the very practise of some army-grandees of late , here objected against the king jesuitical and popish ill counsellors ? ) and whosoever will peruse the several speeches and declarations , made upon the breaking up of former parliaments , since the beginnning of his majesties reign , will find , the pretences of those unjust and illegal dissolutions , to be grounded upon the exceptions against some particular members , under the name of a few factious and seditious persons : so that the aspersing and wounding of the parliament through the sides of a few members , is no new invention : ( and hath not this been the very army-officers practise , since the first year of their reign till now , to wound the last real parliament ; yea , their own late dissolved mock parliaments since , through the sides of a few corrupt members , or a corrupt majority in the house , as all their printed l declarations upon their d●ssolutions attest . and is this then no crime ? or no jesuitical practise in them , though such in the late m king and his ill counsellors ? ) and for the satisfaction of all indifferent men , that this war is raised against the parliament , we shall refer them to former declarations , ●issued out in his majesties name , being so many invectives and ground lesse accusations , not against particular members only , but against the vote and proceedings of both houses . ( and are not many of the armies declarations in . and . yea , the late pamphlet of some present grandees , intituled , a true state of the case of the commonwealth of england , printed , such ? let them now then see whence they took their pattern , even from the beheaded kings n jesuited evil counsellors , whose steps they exactly trace in this : ) but if the truth were , as that declaration seems to imply , that this army is raised to force some o particular members of this parliament to be delivered up , yet upon that ground would it follow , that the same is levied against the parliament . for it cannot be denied by any ingenious man , but that the parliament by their p inherent rights and priviledges hath the power to judge and punish their own members : [ yet the army officers took upon them to secure , seclude them without charge , and their future new-minted ▪ parliament members , though only elected by the people , must be tryed , judged by the new whitehall members , ere they can be admitted to sit , article of the new government . ] and we have often declared to his majestie and the world , that we are alwayes ready to receive any evidence or accusations against any of them , and to judge and punish them according to their demerits ; yet hitherto q no evidence produced , no accuser appearing : and yet notwistanding , to raise an army to compel the parliament to expose those members to the fury of those wicked counsellors , that thirst for nothing more than the ruine of them and the commonwealth : what can be more evident , than that the same is levied against the parliament ? for did they prevail in this , then by the same reason ( pray observe it ) they might demand more , and never rest satisfied until their malice and tyrany did devour all those members they found crosse and opposite to their lewd and wicked designs [ and was not this the practice of the army-officers , who levied a real actual war against the parliament ? they first impeached , secluded xi . members of the commons-house ; and some lords soon after . an. . 〈◊〉 then they secluded other members , by their high declaration of aug. . . after that they secured , imprisoned my self , with members more , and secluded the greatest part of the commons house , leaving not above or at first sitting , who confederated with them , in december . within two moneths after this , they beheaded the king ; then suppressed the whole lords house , to carry on their designs since acted : at last they dissolved their own mock parliaments , when they crossed their ambitious aspires : what they did in september last since this was first penned to those now sitting , is fresh in memory . ] touching the privileges of parliament , which the contrivers of that declaration in his majesties name , ( and the contrivers of sundry * declarations since in the armies name , who imitated them herein . ) seem to be so tender of , and to professe all conformity unto , and deny this army to be raised in any degree to violate : we shall appeal to the judgement of any indifferent man , how little truth is contained in this their assertion , ( or in the army officers printed papers to the same effect . ) the parliament is to be considered in three severall respects : first , as a councell to advise . secondly , as a court to judge . . as it is the body representative of the whole kingdom , to make , repeal , or alter laws : and whether the parliament hath enjoyed its priviledges in any of these respects ( under the army-officers and powers , as well as late king ) let any that hath eyes open judge . for the first , we dare appeal even to the consciences of the contrivers themselves , ( and to the consciences of the army-officers , souldiers , and whitehall men themselves ) whether matters of the highest importance , ( witness all the publick proceedings against the late parliament , king , peers , government ; the warrs with scotland , holland : their new magna ch●rta , repealing the old , entituled , the government of the commonwealth of england , scotland and ireland , wherein they take upon them such an omnipotent soveraign power , as , to pass a decree upon the wavering humors of the people , and to say to this nation , ( yea to scotland and ireland too , ) as the almighty himself said once to the unruly sea , * here shall be thy bounds , hitherto shalt thou come and no further ; as some of them most arrogantly , if not blasphemously publish in print to all the world in their true state of the case of the commonwealth , p. . their making of new binding laws and ordinances , repealing old laws and statutes in and by pretext of this instrument , out of parliament , as their manifold whitehall folio new edicts , amounting to near pages , attest ) have not been agitated and determined ( in and by the army-officers , general councel , and other unparliamentary juncto's , ) not only without , but contrary to their advice , ( and votes too ; ) and whether private unknown councels ( in the army , whitehall , and elswhere , yea the private councels , plots , conspiracies of iesuits , of forraign popish and spanish agents ) have not been hearkned unto , approved and followed , when the faithful and wholsom advice of the great counsel hath been scorned & neglected ( by the army officers and their confederates . ) and yet none can deny , but it is one of the principle ends why a parliament is called , to consult the great affairs of the church and state. and what miserable effects and sad events , this neglect of the great councel , and preferring of unknown and private councels before it , hath produced ; let the present distractions of this kingdom bear witnesse , ( with all the bloody , unchristian wars , taxes , oppressions , distractions , since the armies force upon the king , members , houses , anno . and . to this present time . ) concerning the second , it sufficiently appears by the making the kings court , by the force and power of the kings army ; the sanctuary and refuge of all sorts of delinquents against the parliament and kingdom , and protecting and defending them from the justice thereof : and by admitting such to bear places of great trust in the army , and to stand in defiance of the parliament and the authority thereof ; ( and is it not a far greater crime to make the parliaments army it self , a delinquent against the parliament and kingdom ; the sanctuary of such delinquents against both , and to continue such officers in places of greatest trust in the army , who have levied actual war against the parliament , secluded , secured members of parliament , kept divers years under their armed guards in defiance of the parliament , without any particular charge or impeachment , refusing to release them , even when the serjeant was sent at first from the house it self , to demand the members seised ? ) by all which it is apparent , how our privledges have been torn from us by piece-meals , from time to time . and we might mention many passages , whereby they were endeavoured to be * pulled up by the root , and totally subverted . as the attempt to bring up the late army from the north to force conditions upon the parliament : his majesties letters and commands to the members of both houses ( which found obedience in a great many ) to attend him at york ; and so , by depriving the parliament of their members , destroy the whole body : ( and was not the actual twice bringing up of the parliaments own army , by the army officers , against the parliament it self , to impeach , secure some principal members of both houses ; seclude the majority of the commons house , suppress the whole house of lords ; break off the treaty , behead the king , ( the * head of the parliament ) against the parliaments votes , alter the government , force conditions on the parliament it self , to omit the , , , , , , articles of their new government , with the secluding of all the members lately admitted by armed souldiers , till they took a new engagement , and keeping out all others ) a taking of the privileges of the parliament from them all by whole-sale , and a more desperate pulling up by the roots , and total subversion of all the priviledges and whole body of the parliament , than this objected against the northern army , or the kings jesuitical ill councel ? ) which is enough to prove the vanity of the contrivers of that declaration ( and of the army officers too ) to feed themselves with hope of belief , that the priviledges of parliament are not violated , but intended to be preserved , with all due observance . concerning the allegation , that the army raised by the parliament , is to murder the king , ( oft alledged by the * king and his party , in many printed proclamations , declarations before and after this here mentioned ) we hoped the contrivers of that declaration , or any that professed but the name of a christian , could not have so little charity as to raise such a scandal , especially when they must needs know , the * protestation taken by every member of both houses ( and army officers too ) whereby they promise in the presence of almighty god , to defend his majesties person . the promise and protestation made by the members of both houses upon the nomination of the earl of essex to be general , and to live and die with him ; wherein is expressed , that this army was raised for defence of the kings person , our oft , earnest , and most humble address to his majesty to leave that desperate and dangerous army , &c. a request inconsistent with any purpose to offer the least violence to his person , which hath , and * ever shall be dear unto us . and concerning the imputation laid to our charge , of raising this army , to alter the whole frame of government and established laws of the land , ( which the king and his party * frequently objected in print ) we shall need give no other answer but this : that the army raised by the parliament is to no other end , but for the preservation of his majesties person , to defend themselves , the laws of the land , and the true protestant religion . after which , they there and elswhere conclude . and by this time ( we doubt not ) but every man doth plainly discern through the mask and visard of their hypocrifie , what their ( the kings ill counsels ) design is , to subject both king and parliament and kingdom to their needy , ambitious , and avaritious spirits , and to the violent laws , martial law , of governing the people by guards and by the souldiers . but alas for grief , how superlatively have many of the army officers , and their confederate members ( though parties to these declarations and protestations ) violated them , and both houses faiths , trusts , intentions , ends in raising the army , in every of these particulars ? how have they verified , justified the kings declarations , jealousies , concerning the parliaments army , in every point , here ( and * elswhere ) disclaimed by both houses ? how have they exceeded , out-acted the kings jesuitical counsellers , and most desperate popish army , in violating , subverting both the parliaments priviledges , members and parliaments themselves , together with our * fundamental laws , liberties , government ; for whose preservation they were only raised , paid ? how have they pursued the kings and his worst jesuited counsellers footsteps in all the charges here objected against them by both houses , in relation to the parliaments priviledges , members , constitution , rights , laws , to their utter subversion , dissolution , and waged war against them ? and doth not every man plainly discern through the mask and visard of their hypocrifie , ( to use both houses expressions ) that their design is just the same with that here objected by the parliament to the kings ill jesuited counsellers , and popish army ; even to subject both king , parliament and kingdom , to their needy , ambitious , avaritions spirits , and to the violent laws , marshal law , of governing the people , ( yea parliaments themselves ) by guards , and by the souldiers ? and by conquest to establish an absolute and unlimited power over the parliament and good subjects of this kingdom ; as the houses * elswhere thrice objected against the late king , his army and party : being the very design ( as many wisemen fear ) of the article of their new government ; to settle a constant annual revenue for the maintenance of foot , & horse and dragoones , ( to be alwayes constantly , kept up winter and summer , without disbanding or diminution ) for the defence and security of england , scotland , and ireland ? which must henceforth be kept under by mercinary fo●ces , to guard of protectors , when as the * heathen poet assures us , ●nteger vitae scel●risque purus , non eget mauri jaculis nec arcu ; much less our english nation , ever formerly secured by their own unmercinary militia of the trained bands , and those lords and gentlemen who hold their lands by knight-service . o that they would now in the name and fear of god ( as they tender the eternal salvation of their souls , the honour and priviledges of all future parliaments , the ease , welfare , settlement of our nation ) lay all this most seriously to their hearts , and make it a matter of their greatest lamentation , and repentance ! besides this , have they not falsified that memorable * late declaration of the lords and commons assembled in parliament , novemb. . . in answer to his majesties ( well worthy perusal now ) and made good ( both for the time past , and all succeeding parliaments , whiles there shall be any standing army in england able to over-power them ) all the odious , scandalous positions , in relation to the english parliament , its members and priviledges ( deduced from the kings declaration , only by inference , but disclaimed by the king ) summed up by them , in the close of that remonstrance ; and published in these ensuing terms , as will evidently appear , if applied to the army , and their generall councel of officers , by adding or exchanging their names , only for the kings in a parenthesis ? . * that the king ( the * army , general , and their general councel of officers ) when he pleaseth , may declare the major part of both houses , ( which in all sorts of republicks doth , yea ought of right to over sway the minority , & their votes to be firm and binding to all men , as * aristotle himself resolves ; ) a faction of malignant , schismatical , and ambitious persons : so that all parliaments that have been heretofore and shall be hereafter , and all laws made in them ▪ may by this means be called in question at pleasure ; ( yea nulled and repealed for ever , as some former parliaments have been , when held and over-awed by armed power , or unduly elected , packed , summoned without lawfull authority , or some of the members forcibly secluded , as you may read at large in the statutes of r. . c. , , , , . h. . c. . h. . rot. parl. n. , , , , , . . h. . c. . & e. . c. . worthy the serious perusal of our present grandees , and all illegitimate parliaments , where they may read the fatal end of all new unparliamentary projects , laws , devices , wherein many now so much glory , as if they would continue form for ever : when as in a few years space , they will all probably prove nullities , be for ever reversed ; yea , branded to posterity , as most pernicious presidents . . that his majesty ( the army and their general councel ) may declare what is the known law of the land , against the judgement of the highest court , and consequently of all his courts : so that the safety and right of king and people , and the law it self must depend upon his majesties ( the army , general , and their councels ) pleasure . . that as the king hath a property in his townes , forts , and kingdoms ; so he ( the army and their general councel ) may * dispose of them as he pleaseth ; and the representative body of the whole kingdom may not intermedle in discharge of his majesties ( the armies , generals , councels ) trust , though by the advice of evil councellers they see it diverted to the hazard of the publique peace & safety of the kingdom . . that his majesty ( the army , general , and their councel ) or any other person , may upon suggestions and pretences of treason , felony , or breach of peace ( or of their trusts , a fourth * army new-minted cause ) take the members of parliament , without giving satisfaction to the house , whereof they are members , of the grounds of such suggestion or accusation , and without and against their consent ( as in the case of the late secured , secluded members , and their two junct●'s since ) so they may * dismember a parliament , when they please , and make it what they will , when they will. . that whosoever shall follow the king ( army , general and their councel , ) in the wars ( against the parliament ) though it were to destroy laws , liberty , religion , the parliament it self , and the whole kingdom ; yet he shall be free from all crime or punishment . and that on the other side , to oppose by force any such force , though in the most legal way , and by authority of the representative body of the whole kingdom , is to leavy war against the king ( army , general ) and treason ( within the letter of e. . or of their new knacks since : ) so our lands , liberties , lives , religion , and laws themselves , whereby all the rights both of king and people are due to them , and preserved for them , shall be at the sole will and pleas●re of the prince ( army , general , and general councel of officers , in their new high courts of injustice , or other martial judicatories , as now they are . ) o consider , consider seriously by these particulars , to what a sad , low , despicable condition all english parliaments are now for ever reduced , and their pristine antient priviledges , honor , freedom , power , violently ravished from them by the late army practises , violences , and rebellious insolencies against them , never to be parallel'd in any age ; which hath really verified this clause in the declaration of both houses , * august . . objected against the king and his popish army , in relation to the parliaments army , purposely raised , commissioned , & engaged for their defence . that if the king ( by his army ) may force this parliament ( as the parliaments army both forced and dissolved it ) they may bid farewell to all parliaments , for ever receiving good by them ; and if parliaments be * lost , they ( the people ) are lost , their laws are lost , as well those lately made , as in former times , all which will be cvt in svnder with the same sword , now drawn for the destrvction of this parliament : ( as we now find true by sad experience . ) * athanasius , bishop of alexandria ( about the year of our lord . ) objected this as a great crime , barbarism , cruelty , and violation of the priviledges of councels , to the arrian emperour constantius . that whensoever he called a councel or assembly of bishops , it was but for a shew : for he would not permit them to be guided by the ecclesiastical canons , but his will alone must be their only canon . and when they advised him , not to subvert the ecclesiastical order , nor bring the arrian heresie into the church of god , he would neither hear , nor permit them to speak freely ; but grievously bending his brows ( if they had spoken cross to his designs ) and shaking his sword at them , commanded them to be taken away . whereupon he thus infers , what liberty for perswasion , or place for advice is there left , when he that contradicteth , shall for his labour lose either his life , or his country ? why hath the emperour gathered so great a number of bishops , partly terrified with threats , partly inticed with promises , to condescend , that they will not communicate wi●h athanasius ? and hilary bishop of poictou ann. . in his first book against this tyrannical arrian emperour constantius , thus censures his violent proceedings of this kind , to the subversion of the freedom and priviledge of councils and their members . thou gatherest councils , and when they be shut up together in one city , thou terrifiest them with threats ; thou pinest them with hvnger , thou lamest them with cold , ( as the army officers did the secluded members and decemb. . when they shut them up all night in hell , on the bare boards without beds in the cold , and kept them fasting all the next day at whitehall , til a clock at night ) thou depravest them with dissembling ; o thou wicked one , what a mockery dost thou make of the church and councels ? only dogs return to their vomit ; and thou compellest the priests of christ , to sup up those things which they have disgorged , and commandest them in their confessions , to allow that which before they condemned . what bishops hand hast thou left innocent ? what tongue hast thou not forced to falshood ? whose heart hast thou not brought to the condemning of his former opinion ? thou hast subjected all to thy will , yea , to thy violence . and have not some swaying army officers , by their frowns , menaces , frauds , swords , open force upon the parliament and its members , beyond all the presidents in any ages , done the like , and exceeded this arrian tyrant herein ? and is it not then high time for all friends to parliaments , to protest and provide against such detestable , treasonable violences for the future , destructive to all parliaments , if permitted , or silently pretermitted without question , exemplary censure , righting of the imprisoned members , or any provision to redresse them for the future ? our prudent ancesters were so carefull to prevent all violence , force , arms , and armed men , in or near any places where parliaments were held , to terrifie , over-awe , or disturb their proceedings or members ; * that in the parliament of e. . ( as you may read in rastals abridgement , armour , . provision was made by the king , by common consent of the prelates , earls , and barons , by a general act , that in all parliaments , treaties , and other assemblies , which should be made in the realm of england for ever , every man shall come without force , and without armour , well and peaceably to the honour of the king , and of the peace of him , and of his realm , and they together with the commonalty of the realm upon solemn advise , declared ; that it belonged to the king , and his part it is by his royal signiory strictly to defend wearing of armour , and all other force , against his peace at all times , when it shall please him ( especially at such times , and in places where such parliaments , treaties , and assemblies are held ) and to punish them which shall doe contrary according to the laws and usage of the realm ▪ and hereunto they are bound to aid the kind , as their soveraign lord , at all seasons when need shall be . hereupon our kings ever since this statute , by virtue thereof , and by the law and custom of the parliament , ( as sir edward cook in his institutes c. . p. . informs us ) did at the beginning of every parliament , make a speciall proclamation , prohibiting the bearing of arms or weapons , in or near the places , where the parliament sate , under pain of forfeiting all they had ; of which there are sundry presidents cited by sir edward cook in his margin ; whereof i shall transcribe but one ( which he omits ) and that is e. . rot. parliament n. . . because that before these days , at the parliaments and counsels of our lord the king , debates , riots and commotions have risen and been moved , for that people have come to the * places where parliaments have been summoned and assembled , armed with privy coats of plate , spears , swords , long , knives , ( or daggers ) and other sort of arms , by which the businesses of our lord the king and his realm have been impeached , and the great men which have come thither by his command , have been affrighted : our lord the king , willing to provide remedy against such mischiefs , defendeth , that no man of what estate or condition soever he be , upon pain of forfeiting all that he may forfeit , to the king , shall be seen armed with a coat of male , nor yet of plate , nor with an halberd , nor with a spear , nor sword , nor long knife , nor any other suspitious arms , within the city of london , nor within the suburbs thereof ; nor any place near the said city , nor yet within the palace of west minster , or any place near the said palace , by land or water , under the foresaid pain : except only such of the kings men as he shall depute , or by his command shall be deputed to keep the peace within the said places : and also except the kings servants , according to the statute of northampton . and it is not the intention of our lord the king , that any earl , or baron may not have his lance brought to him in any place , but onely in the kings presence , and in the place of councell . the like proclamations were made in the beginning of the parliaments of . ● , , . , ●dw . . and sundry others : more necessary to be revived in all succeeding english parliaments now than ever heretofore , since the unpresidented forces upon the late members of both houses , and the parliament it self , by the army-officers and souldiers , raised to defend them from violence : the treasonablenesse and transcendency whereof being at large related in my epistle to the reader , before my speech in parliament december , i shall not here criminally presse , nor insist on , but referred them thereunto : however for the future security and freedome of our parliaments from violence , i must crave liberty to inform these army parliament drivers , forcers , dissolvers , ( habituated to this trade ) that if the * late kings march to the house of commons , accompanied only with some of his pensioners and others , armed with pistols and swords , meerly to demand but five members thereof to be delivered up to justice , particularly impeached by him of high treason some dayes before : to wit , * that they had traiterously endeavoured to subvert the fundamental laws and government of this kingdome : to deprive the king of his royal power : to place over the subjects an arbitrary and tyrannical power , to subvert the very rights and being of parliaments : and by force and terrour to compell the parliament to joyn with them in their designs ; for which end they had actually raised and countenanced tumults against the king and parliament . or if the * kings bare tampering with some officers of his own northern army , to draw a petition from them to the houses , or march towards london from their quarters ; ( not to seise upon , force or dissolve the parliament or its members , but only to over-aw them , and impeach the freedom of their debates , votes touching episcopacy , church-government , and the kings revenues ) were such high transcendent violations of the priviledges and freedome of parliament , and unsufferable injuries , as both houses of parliament separately , and joyntly proclaimed them to all the world , in * severall declarations , during his life ; or such capitall crimes , as those who condemned and executed him for a traytor and tyrant , have published in their declaration of march . ( touching the grounds of their proceedings against him , and setling the government in the way of a free state , without king or house of lords ) since his beheading , in these very words . but above all , the english army was laboured by the king to be engaged against the english parliament ; a thing of that strange in piety and unnaturalness for the king of england , that nothing can answer it , but his being a forraigner ; neither could it have easily purchased belief , but by his succeeding visible actions in full pursuance of the same ; as the kings comming in person to the house of commons , to seise the five members , whither he was followed with some hundreds of unworthy debauched persons , armed with swords , and pistols , and other arms ; and they attending him at the door of the house , ready to execute what the leader should command them . which they charged against the king , as the highest of his unparralleld offences ; for which they appeal to all the world of indifferent men to judge , whether they had not sufficient cause to bring him to justice ? though neither he nor his followers then seized , secured , secluded , injured any one member , when they thus went to the commons house ; yea * presently retracted his impeachment , and offered all satisfaction that should be desired by the house for this breach of privilege : and though neither the northern army , nor their officers ever advanced towards , or offered the least violence to the houses , or their priviledges , by petition or otherwise . then certainly the parliaments own armies officers , counsels , manifold high printed declarations , of june . . july . aug. . . nov. . & decemb . . and others before and since , their professed open oppositions , impeachments , against the very proceedings , votes , orders , ordinances , members of both houses of parliament , which first raised them principally for their defence ; [ printed by their order in their book of declarations , the history of independency , and my speech in parliament , ] their impeachment of eleven members of the house of commons , and sundry lords at once ; their securing of above , and secluding of above five parts of six of the whole house of commons at once ; their * avowed marches with the whole body of the army , in ba●talia , severall times to force the houses , seise their members , over-aw , affright , dis-member , dissolve the parliament it self , and their own new erected junctoes since , and justification of it to all the world in print [ in their humble answer touching the secured and secluded members , jan. . . the true state of the case of the commonwealth of england , . and their declarations concerning their dissolution of their two junctoes ] after these misdemeanours of the king , without the least repentance for them , must needs be farre more execrable , unwarrantable and criminal , than the kings , and deserve a severer censure than his peccadilioes in respect of their crimes . and if by the * whole armies printed remonstrances , august . and . . the tumult of some unarmed london apprentices , who offered some small force to the houses , to the violation of their priviledges , ( without securing or secluding any one member ) deserved a speedy and exemplary capital proceeding against the principal contrivers and actors in it , * as they then declared , and vehemently urged again and again in those remonstrances ) or if by their own charge in the name of the whole army , june . . against the xi . members , it was so high an offence in them , that they joyntly or severally invited , encouraged , abetted or countenanced several reformadoes , and other officers and souldiers tvmvltvovsly and violently to gather together at westminster , to affright & assault the members of parliament in passages to & from the ho●se , to offer violence to the house it self , & by svch vnrvly ovtrages & threats to awe and inforce the parliament ; and that upon their bare suggestion thereof ( without any proof at all , or colour of truth ) they presently demanded , that the persons impeached might be forthwith seclvded from sitting in the hovse , and removed thence , before any hearing or trial , which the officers and army eagerly pressed in their paper of june . . nay , if by their own late printed instrument of the government of the commonwealth of england , &c. articles . . all and every person and persons , who have aided , advised , assisted , or abetted in any war against the parliament since the first day of january , . ( unlesse they have since been in the service of the parliament , and given signal testimony of their good affections thereunto ) shall be disabled , and be uncapable to be elected , or to give any vote in the election of any member to serve in the next , or in the three succeeding triennial parliaments : and all votes and elections given to the contrary , shall be null and void . and if any person so made uncapable , shall forfeit one full years value of his real estate , and one full third part of his personal estate , in case he shall give his vote for election of members to serve in parliament : as they there adjudge ; though such persons as they intend thus to disable , never waged any actual war against the parliament it self , or its members , immediatly , but only against the forces raised by the parliament , and so mediatly and indirectly only against the parliament , ( the case of all the late kings adherents and assistants , not within the letter , but meaning of these articles : ) then doubtless those army-officers , souldiers , and their confederats , who advised , sided , assisted abetted in one or more wars against the parliament houses , and parliament members themselves , whom they immediately assaulted , forced , secured , secluded , dissipated , dissolved , destroyed , and have justified it several times in print , without giving any signal testimony of their good affections to the parliament ; and in this their instrument have laid * many chains , clogs , restraints , on all new future parliaments , of their own framing , inconsistent with the honour , freedom , priviledges , being of real english parliaments ; deserve a farre higher and severer censure than these apprentices , or impeached members did in their repute ; or those members they most insolently accuse and impeach , in their declarations of june ● . and august . . ( not to be presidented in any age since the creation , till then : ) and they all are by their own verdict , instrument , totally disabled ( as much as the archest malignants and cavaliers ) by the very letter of these articles , to be elected , or give any vote for the election of members in the four next succeeding parliaments ; and those who have given their votes in the late elections , have thereby forfeited at least one full years value of their real , and one full third part of their personal estates ; and deserve as high , ( if not an higher ) censure , as any sequestred , or other delinquents condemned formerly by them , for bearing arms , levying or abetting any war , but only mediately against the parliament ; and as high an uncapacity to be put not only on themselves , but their heir males to serve in parliament , as the statute of r. . c. . imposed heretofore on others , for a farre lesse offence ; to secure the members and priviledges of all succeeding parliaments , from such unpresidented forcible violences , ruptures , dismembrings , dissolutions , as the last parliament sustained , by the armies outrage and confederacy against them , ( of most dangerous president to posterity ; ) of which i desire to make them truly sensible . the last real and * duly constituted english parliament we had , were so deeply sensible , of the dangerous destructive consequences of securing or secluding their members , and keeping them from the houses , upon any impeachments or surmises , without the notice and consent of the house ; that in their forementioned remonstrance of nov. . . they claimed and asserted this . to be so clear and essential a priviledge of parliament , * that the whole freedom thereof dependeth upon it . that no member of either hovse of parliament was to be proceeded against , or judged , nor taken away , or detained from the service of the house , whereof he is a member ; ( no , not in case of treason , felony , or breach of peace , much lesse in any other ) until such time as that house hath satisfaction concerning the cause : though in such cases they confessed , he might be arrested by the officers of parliament , or any other ministers of iustice , to the intent only , that he might be brought to the parliament corpus cum causa , and deteined in safe custody till he may be brought to the parliament ; but not to be proceeded against in any inferior court , before such time● as the cause be heard in parliament , and dismissed from it . for ( else ) who se●s not , that by this means , under false pretences of crimes and accusations , svch and so many members of both or either hovse of parliament may be taken ovt of it at any time , by any persons to serve a tvrn , and to make a major part of whom they will at pleasvre . and as the grand inquest of the whole kingdom should be ( by this means ) subject to the grand inquest of one particular county ; so the whole representative body of the kingdom should be at the devotion of a middlesex iury , ( as since of their own army , raised to protect them from these mischiefs . ) and therefore , as the freedom of parliaments dependeth in a great part vpon their privileges , and the freedom of this nation upon the freedom of parliaments , we have good reason to beleive , that the people of england knowing their lives and fortunes are bound up in this bundle , will venture their lives and fortunes in this quarrel : which i intreat all those who have so highly infringed this principle privilege of parliament of late years , with all the people of england now seriously to consider , to vindicate , preserve it in all succeeding ages from the like violations , if ever they expect to be freemen , or to enjoy free english parliaments again ; * which are such an essential part of the constitution of the kingdom , that we can attain to no happinesse without them , and like hipocrates twins , we must laugh and cry , live and die together with them . now farther to convince the army-officers , souldiers , of their late great injustice to , and affronts , contempts against the parliament which raised them , in relation to our ancient fundamental government and chief member of the parliament ; i shall desire them and all their confederates in cold blood , seriously to consider , whether they have not , by their undutifull , violent proceedings against them , contrary to the votes , declarations , remonstrances of the parliament , endeavoured ( as much as in them is ) to falsifie this clause in both houses declaration nov. . * although they would perswade his majesty , that there is little confidence to be placed in our modesty and duty ; yet , as god is witnesse of our thovghts , so shall our actions witnesse to all the world ; that to the * honor of our religion , and of those who are most zealous in it ( so much strucken at by the contrivers of that declaration , under odious names ) we shall suffer more for and from our soveraign , than we hope god will ever permit the malice of evil counsellors to put us to : and although the happinesse of this and all kingdomes dependeth chiefly upon god ; yet we acknowledge that it doth so mainly depend upon his majesty , and the royall branches of that root , that as we have heretofore , so we shall hereafter , esteem no hazard too great , no reproach too vile ; but that we shall willingly goe through the one , and undergoe the other , that we , and the whole kingdome may enjoy that happinesse , which we cannot in an ordinary way of providence expect from any other fountain or stream , than those from whence ( were the poison of evil councels once removed from about them ) no doubt , but we and the whole kingdome should be satisfied most abundantly . and on the contrary , have they not fully and actually verified , in respect of themselves and their confederates in the houses , this odious aspersion , then ( only in prediction ) cast by the king on the parliament , but by them at that time renounced with greatest detestation ; and drawn those sad consequences on the whole kingdom , wherewith both houses conclude that declaration in these words ? . * that the representative body of the whole kingdom ( since dissolved by the army ) is a faction of malignant , schismatical , ambitious persons , whose desion is and alwayes hath been to alter the whole frame of government , both of church and state , and to subject both king and people to their own lawlesse arbitrary power and government , and that they design the ruine of his majesties person and of monarchy it self : and consequently that they are traitors and all the kingdome with them , ( for their act is the act of the whole kingdome ) and whether their punishment and ruine may not also involve the whole kingdom in conclusion , and reduce it into the condition of a conquered nation ( as some army officers , & souldiers openly averre we are now reduced to by and under them ) no man can tell : but experience sheweth us ( and now we find it most true in the * army-officers , covncell , sovldiers ) that svccesse often draws men not onely beyond their profession ; but also many times beyond their first intentions . surely as the armies and their confederates late proceedings in relation to themselves , ( though not unto the forced , dismembred , dissolved parliament , and secured members ) have fully verified this charge in every particular , then reputed most false and scandalous ; which i thus press upon their consciences at this time , and so largely insist on , not to defame or asperse them to the world , as many others do , who apply that black character of ier. . . to . c. . . rev. . . to . ( they are all an assembly of treacherovs men : thine habitation is in the midst of deceit , &c. destruction and misery are in their wayes , and the way of peace they have not known ; there is no fear of god before their eyes ) unto them in a more eminent manner , as being really verified by their unparalleld exorbitances formentioned ; but to vindicate the innocency , integrity of the majority and secluded members of both houses , against the scandalous printed aspersions of militiere and other papists , to preserve and justifie the honour of our reformed religion , and of the most zealous professors thereof ; to restore , re-establish if possible , the priviledges , the freedom of all future parliaments , much impaired , endangered by their heady violent proceedings , and most pernicious presidents to posterity ( if not publikely abominated , exploded by them , or exemplarily punished ( to deterr all others from their future imitation ) to convince them by what jesuitical , popish , old court-principles , counsels , practises , they have hitherto been misguided ; and to reclaim them , as much as in me lieth , for the future , from the like destructive . practises , for the publick safety , peace , settlement of our distracted kingdoms ; and do most earnestly beseech them , as they are english-men , souldiers , christians , seriously to repent of and lay to heart , lest they perish eternally for them at last ; as likewise to take heed , lest by teaching and instigating the common souldiers of the army , to suppresse , oppresse , betray the parliament , kingdom , people , who raised , payed , and entrusted them only for their safeguard and defence , they do not thereby instruct and encourage them at last to betray and destroy themselves ; it being a true observation of * seneca the philosopher , aliquando tyrannorum praefidia in ipsos consurrexerunt . perfidiamqve et impietatem et feritarem , et qvicqvid ab illis didicerant , in ipsos execrervnt : quid enim potest ab eo quisquam sperare , qvem malvm esse docvit ? non diu paret , nequitia , nec quantum jubetur , peccat ; as we have seen by many late presidents : so the army-officers , souldiers great successes in all their wars , designs , and forcible ill proceedings against the king , parliament , kingdom , government , laws and liberties ; as it hath caused them not only beyond their professions , but also beyond their first intentions , commissions , protestations , to forget that gospel-precept given to souldiers , luke . . to advance themselves to a more absolute soveraign arbitrary power over them , than ever any kings of england claimed or pretended to , ( as their late proceedings , remonstrances , and transcendent instrument of the government of the three kingdoms , manifest ; ) so it hath been the f principal ground , whereby they have justified all their unpresidented forementioned exorbitances , as lawfull , commendable , christian : and that which hath struck such a stupifying pannick fear , such a stupendious cowardize , baseness , sott●shness , into the generality of the nobility , gentry , ministery , and commons of our late most heroick english naton , that there is scarce t a man to be found throughout the realm of any eminency ( though we should seek after him like diogenes , with a candle ) that dares freely open his mouth against their most irregular , illegal , violent , destructive arbitrary proceedings , usurpations , innovations , oppressions , taxes , projects , to the shaking and utter subverting of our ancient fundamental laws , liberties , rights , properties , parliaments , parliamentary priviledges , government , and taking away of the very lives of some ( and thereby endangering the lives of all other ) english freemen of all degrees , in mischristened high courts of justice . such a strange charm is there in success alone , to metamorphise men into meer v temporising , slavish , sordid sotts and beasts ; yea , to cause not only persons truly honourable , but the very x devil himself , and the worst of beasts , to be wondred after , applauded , adored , not only as saints , but gods. we read rev. . of a monstrous deformed beast , to whom the dragon ( the devil ) gave his power , seat and great authority ; whereupon , all the world wondred after the beast , and worshipped not onely the dragon , that gave him power , but the beast likewise ; saying , who is like unto the beast ? who is able to make war with him ? and there was given unto him a mouth speaking great things , and blasphemies , and power was given him to continue and make war forty and two months . and power was given unto him to make war with the saints , and to overcome them ; and power was given him over all kindreds , and tongues , and nations . and ( herevpon it follows ) all that dwell upon the earth shall worship him , whose names are not written in the lambs book of life . and another beast ( under him ) caused the earth and all that dwell therein to set up the image of this beast , and to worship it ; and he caused all both small and great , rich and poor , free and bond , to receive the ma●k of the beast in their right hand , and in their foreheads ; and none might buy or sell , but he that had this mark ; and as many as would not worship this beasts image , were ordered to be killed . yet this blasphemous beasts reign and power continued but forty two months , rev. . . this beast , ( in the height of his power and victories ) was by god himself , threatned to go into captivity , and be killed with the sword , as he had led others into captivity , and killed them with the sword , ver . . all his followers and worshippers shall ( soon after ) drink of the wine of gods wrath , and be tormented with fire and brimstone , &c. rev. . , , . the saints at last shall get the victory over this beast , rev. . . and the beast himself ( notwithstanding all his former victories , friends , and great armies ) was at last taken , and his false prophet with him ; and were both cast alive into a lake burning with fire and brimstone , and all his forces were slain with the sword , and the fowls were filled with their flesh , rev. . , , . from which texts i have frequently silenced , confounded some of our conquering army-officers and souldiers , whiles prisoner under them , when they were vapouring of their great victories , successes , and concluding from thence , both their saintship , and the goodness of their actions ; saying oft-times like the beasts followers here , who is able to make war with us ? and that with these genuine deductions from these texts , which they could not reply against ; worthy all souldiers and others saddest meditations . . that god may , nay oft-times doth give great power to the very worst and most blasphemous of all men and beasts ; & that not only over one or two , but many tongues , nations , as in this text , and dan. . , to . c. . . to . . that such beasts many times may , and do not onely make war with , but even overcome the very saints themselves in battel , as the babylonians , assyrians , and other ungodly beasts did the israelites , gods own saints and people , psa . . , , &c. dan. . , , , . isa . . , &c. c. . , . jer. . , , . c. . . &c. yet they were but blasphemous beasts , and wretches still , not saints . . that if such beasts have but great power and success in their wars , enterpri●es against their enemies , or the saints themselves ; though their mouths utter blasphemy against the god of heaven , his name , tabernacle , saints ; though their actions , designs be never so impious , atheistical , treasonable , detestable : their power but short and fading , yet whiles they are in power and prosperity , the whole world will wonder , run after , worship , flatter , saint , deifie and adore them for gods , ( as y alexander the great , and julius caesars friends , flatterers did them ; and some wicked popes favourites them too ; ) yea , set up , and worship their very images , receive their marks in their hands , foreheads , and extol them to the skies , saying , who is like unto the beast ? who is able to make war with him ? . that such adulatious speeches , vaunts , practises as these , and such arguments of saintship , of the goodnesse of mens causes , undertakings , actions , only from their present power , victories and successes , are the arguments , practises , of worldly , earthly , beastly men ; of worshippers of the beast and dragon of z assyrians , turks , popes , not of the elect real saints of god , whose names are written in the lambes book of life ; who will neither flatter , worship , nor adore such beasts , nor receive their marks in their hands or fireheads , though they be prohibited to buy or sell , or slain for refusing it by their instruments , rev. . , , . dan. . . to . . that such beasts in power , will never want under-beasts and instruments , nor yet a false prophets to perswade or enforce obedience and subjection to them , even by dis-franchisements , death , lying wonders , flattering prophecies , speeches , sermons , and hypocritical mock-fasts . . that the power and dominion of such beasts , is given and derived to them immediatly by the dragon ( the b prince of the power of the air ) only by gods permission , not his approbation ; rev. . . hos . . . thess . . , . and that in wrath , for the punishment of the peoples sins , and destruction , greater condemnation of the beasts themselves at last . hos . . . rev. . and , and . psal . , . ier. . , &c. c. ● . throughout . hab. . , , . . that this their dominion , raign and triumph , is commonly very short , like this beasts here for forty two months , rev. . . which is but three years and an half c julius caesar that great first conqueror of this island and a great part of the world ; usurping the supream power over the roman senate , and changing the government , lived only five months a soveraign lord in peace ( though some compute his whole dominion years and months ) and then was suddenly stabbed to death in the senate-house , by those friends in whom he reposed greatest trust ; for his tyrannical usurpations , and alteration of their former government ; for endeavouring ( as was suspected ) to make himself king of the romans , ( though he rejected the title of king when offered unto him by m. antonius , saying , that jove was only king of the romans , that so he might seem to be compelled to receive it by the people , ( being their king before in deed , though not in name : ) and for saying , that the * commonwealth was but a voice or name , without a body or substance . nullum violentum est diuturnum , see isa . , and . iob. . , , &c. psal . and . psal . . , . isa . , , . chron. . and sir walter rawlies preface to his history of the world , worthy serious perusal by the grandees of these times . . that in conclusion such conquering , usurping beasts , notwithstanding all their power , friends , followers , confederates , armies , policies , are usually conquered , taken , slain on earth , and cast into the lake burning with fire and brimstone for ever , for their tyrannies , blasphemies , bloodsheds oppressions of the people and gods saints , and their confederates , armies , false prophets , followers , adorers * destroyed with them even on earth ; and then made to drink the cup of gods wrath , fury and torments for ever in hell , isa . , and . jer. . and . rev. . . , . c. . , , . . that though they continue conquerors and victorious for many years ; and conquer not only , one , two or three , but many kings and kingdoms ; cut off not only the thumbs of their kings , that they might not lift up a sword against them , and their great toes , that they may not run from them , but their heads too ; yet god at last ( in his retaliating justice ) doth usually pay them home in their own coyne , as is evident , not onely by * bajazet the turkish emperour , our * king penda , ( who slew no lesse than . christian kings in several battles , took sundry other kings prisoners , and at last was slain himself , with all his old victorious captains and souldiers , by king oswi , and a small despicable army of raw souldiers , not half so many as they , ann. . who thereupon seized on his kingdom ) and others in prophane stories ; but by that memorable history of d adonibezeck ; who after his conquest of no less than seventy kings , ( who ever in this latter age , conquered one quarter so many ? ) and tyrannizing over their persons , was , by a small party of judah and simeon , fought with on his own dung-hil , his victorious old army totally routed , ten thousand of them slain , himself forced to fly , pursued , and taken prisoner by these contemptible enemies , who cut off his thumbs and his great toes . whereupon adoni-bezek ( though an idolatrous canaanite ) used these memorable words , worthy all conquerours and tyrants memorial ; recorded by god himself to all posterity , iudges . . threescore and ten kings having their thumbs , and their great toes cut off , have gathered their meat under my table ( like so many dogs rather than kings ) as i have done , so god hath rewarded me : and they brought him ( prisoner ) to ierusalem , and there he died . see the like retaliation threatned , inflicted . hab. . , , . isa . . . dan. . . to . obad. . ezech. . , , . rev. . . . ier. , and . nah. . . &c. rev. . . ioel . , , . deut. . . isa . . & . chron. . . compared with c. . . to the end . . that the elect saints of god , do by faith in the word of god , and upon consideration of the usual providence and justice of god towards such beasts and bloody conquerors , most assuredly see their downfall , and with patience expect it , rev. . , . if any man have an ear let him hear . e he that leadeth into captivity , shall go into captivity ; he that killeth with the sword , mvst be killed with the sword : here is the patience and the faith of the saints . o that we had this patience and faith within us now ! . that upon this faith and assurance , the true elect saints of god , neither will , nor do , nor dare to admire after , follow , worship or adore such b●asts , or their image , nor receive their marks in their hands , or foreheads , though all the world else readily do it without opposition ; enduring patiently rather to be warred upon , killed , secluded from buying or selling any thing , then unchristianly to adore , subject , or enslave themselves unto them , rev. . , , . esther ● , to . kings . , . iohn . , . dan. . . to . king. . . chron. . . to . which serious seasonable considerations , as they should daunt the hearts and allay the high presumptious spirits of the most successfull conquerors , powerfull usurpers over and violent invaders of the liberties , lives , estates , rights , properties of their lawfull superio●s or christian brethren , and all subverters of the laws , priviledges , parliaments , government of their native country , especially against their oathes and trusts : so the meditation on them , together with the contemplation of the infinite power , wisdom , faithfulness , iustice , holiness , presence , and gracious promises of god , have at all times and seasons hitherto , invincibly animated , steeled , fortified my soul in the midst of all my sufferings , both under the domineering prelates , parliament-assaulting army-officers , the late tyrannical cashiered republicans , and all other self-created oppressing powers , which ( if not already dead and buried in the dust , with all their thoughts and high aspiring projects , ) yet shall certainly f die ere long like men , and become us dung ; yea , they have enabled me by faith and patience to be g more than a conquering triumpher over them : and to sing aloud with magnanimous david ( a man after gods own heart ) long before their down-fall , psal . . , , . the lord is my light and my salvation , wh●m shall i fear ? the lord is the strength of my life , of whom shall i be afraid ? when the wicked even mine enemies and my foes came upon me to eat up my flesh , they stumbled and fell . though an host should encamp against me ( as they did at westminster , at my house , and in sundry garrisons , where i was a prisoner under souldiers ) my heart shall not fear : though war should rise against me , in this i will be confident . i will not be afraid of ten thousands of people that have set themselves against me round about . and to cry out in pauls words of defiance against all enemies and perils in the cause of my god and country ( uttered in his own and all true elected saints names ) rom. . , &c. who shall separate us from the love of christ ? ( or our native country , as well actively as passively considered ; ) shall tribulation ? or distress ? or persecution ? or famine ? or peril ? or sword ? ( of an whole army , or other powers ) nay , in all these things we are more than conquerors through him that loved us . for i am perswaded , that neither death , nor life , nor angels , nor principalities , nor powers , nor things present , nor things to come , nor height , nor depth , nor any other creature , shall be able to separate us from the love of god , which is in christ iesus our lord. and to say with him in all threatned dangers for my sincere conscientious publick services , act. . . . and now i go bound to jerusalem , not knowing the things that shall there befall me , save , that the holy ghost witnesseth in every city , saying ; that bonds and afflictions wait for me . but none of these things move me , neither count i my life dear unto me , so ●s i may finish my course with joy , and the ministery which i have received of the lord iesus , &c. and verily me thinks the serious contemplation thereof , and of all the premises , with that of sam. . . isa : . . . ier. . . ezech. ▪ , to . matth. . . coupled with psal . . . if the foundati●ns be destroyed , what can the righteous do ? prov. . , . my son , fear thou the lord and the king , and meddle not with those who are given to change ; for their calamity shall rise suddenly ( which we have seen verified in many late changers , mock parliaments , and self created new powers , ) and wh● knoweth the ruine of them both ? should now at last banish all base carnal fears out of all timerous hearts , rouse up the languishing , fearfull , dead , stupid spirits of our degenerated english nation , and engage them all unanimously , undauntedly to claim , vindicate , regain , re-establish those ancient undoubted hereditary fundamental rights , ●iberties , priviledges , franchises , laws , government , ( purchased with their ancestors & their own dearest blood , sweat , treasures ) which belong to the whole kingdom ; to all true english parliaments , freemen in general , and to every of them in particular ; whereof they have of late years been forcibly disseised , or ●ypocritically cheated by pretended patrons , preservers , and propuguers of them ; the substance whereof i have here set before their eyes in ten brief propositions , and by records , statutes , presidents , histories , contests , resolutions in all ages , undauntedly , ( as their common advocate ) asserted , fortified to my power , for their encouragement and president in this publick work . and if they will now but couragiously second me herein , with their joyn● , bold , rightfull claims , votes , declarations , and resolut● demands of all and every of their enjoyments , and future inviolable establishments ; with strenuous oppositions of all illegal perpetual imposts , excises , contributions , payments ( the chief nerves and cords to keep them still in bondage by mercinary forces , supported only by them to keep them still in slavery ) according to their oaths , vows , protestations , duties , manifold late declarations , remonstrances , solemn league , covenant , and the encouraging memorable presidents of their ancestors in former ages here , recorded ; i dare assure them ( by gods blessing ) a desired good-success , whereof their * ancestors never failed : no mortal powers nor armies whatsoever , having either impudency or ability enough to deny , detain them from them , if they will but b generally , unanimously , couragiously , importunately claim and demand them as their birth-rights . but if they will still basely disown , betray , and cowardly desert both them and their assertors , and leave them to a single combate with their combined jesuitical enemies ( whom none take care to discover , suppress or banish out of our realms , where they now swarm more than ever ) and armed invaders ; the fate of our old english britons , when they improvidently neglected to unite their counsels , forces against , and fought only singly with the invading united armies of the romans , is like to be englands condition now ; i dum pugnant singuli , vincunntur universi : the single champions of our liberties , laws , rights , will be easily over-powered , destroyed , for the present ; and all others ( by their unworthy treachery and baseness , in not adhering to , but abandoning their present patrons ) discouraged , disabled to propugne , regain them for the future : and the whole kingdom vanquished , yea enslaved for eternity in all humane probability , to those who have broken your k former yokes of wood , but instead thereof have made for , and put upon you yokes of iron : and by the jesuites machiavilian plots and policies , will reduce you by degrees under a meer papal yoke at last , having deeply leavened many in power and arms , with their forementioned most desperate jesuitical positions , practises and politicks , which will soon usher in the whole body of popery , and all damnable heresies whatsoever , by degrees , to the ruine of our religion , as well as laws and liberties . wherefore , seeing it neither is , nor can be reputed treason , felony , sedition , faction , nor any crime at all , but a commendable bounden duty , to which our protestations , oaths , leagues , covenants , reason , law , conscience , our own private and the publick interest , safety of the nation engage us , for all and every freeborn englishman , joyntly and severally to claim , maintain , preserve , by all just , honourable , publick and private wayes they may , their unquestionable hereditary birth-rights , laws , liberties , parliamentary priviledges , &c. here asserted and presented to them , after so much blood , treasure , labour spent to rescue them out of the hands of old and late oppressing tyrants ; nor any offence at all , but a praise-worthy service now in me , or any other , publickly to encourage them to this duty , ( and the strenuous defence of our endangered undermined protestant religion , subverted with our laws & liberties , and living or dying together with them ) at this present season , as i have done heretofore upon all occasions ; and seeing none can justly censure them or me , for discharging our oathes , consciences , covenants , protestations , duties in this kinde , but such as shall thereby declare themselves publick enemies and trayters to the whole nation , laws , government , parliaments of england , as the resolutions , presidents , * herein cited , yea their own best friends , ( and our † reformed religion too ) have already adjudged them : and seeing * sir thomas fairfax and the general councel of his army , held at putney sept. . . in their declararation , concerning the fvndamental avthority & government of the kingdon ; printed by their appointment , in these words : whereas a member of the general councel of this army , hath publikely declared and expressed himself , that there is no visible authority in the kingdom , bvt the power & force of the sword , ( as others of them say since , and now both by words and deeds , without controll . ) we therefore the said general councel ( to testifie . how farre our hearts & minds are from any design of setting up the power of the sword above or against the fundamental authority & government of the kingdom & our readinesse to maintain and uphold the said authority : ) have by a free vo●e ( in the said councel , no man contradicting ) judged the said member , to be expelled the said councel . which we hereby thought fit to publish , as a clear manifestation of our dislike & disavowing svch principles or practises , ( which notwithstanding they have since avowed pursued in the highest degree ; and i desire them now to repent of ▪ reform , and really make good ) have engaged to maintain and propugne with their swords , what i here endeavour to defend , support , with my pen. and seeing they intituled their printed papers , a declaration of the engagements , remonstrances , reprèsentations , proposals , desires , and resolutions , from his excellency sir tho : fairfax , and the general covncel of the army , for setling of his majesty in his jvst rights , the parliament in their jvst privileges , and the svbjects in their liberties & freedoms . also representations of the grievances of the kingdom , & remedies propovnded , for removing the present pressvres whereby the svbjects are bvrdened ( and excises , taxes amongst the rest ) and the resolutions of the army , for the establishment of a firm & lasting peace in chvrch & kingdom , printed by their own , and the lords house special or●er , london : the self-same things i here contend , plead for , ( which i wish they would now really make good by their future consultations and actions to avoid the just censures of meer hypocrites and impostors , as the whole world will else repute them . ) i shall therefore exhort not only the whole army , army-officers , and their general councel ; but likewise the whole english nation , and all real lovers of their own or their countries liberties , peace , laws , ease , safety , religion , and future establishment in this common cause , in the words of the philistines one to another in a time of need , when they were greatly affraid , sam. . . be strong and l quit your selves like men , o ye philistines , that ye be not servante to the hebrews , as they have been to you● quit your selves like men , fight , &c. that so ( as the apostle writes in the like case , phil. . , . ) whether i come and see you , or be absent from you ▪ i may hear of your affairs , that ye stand fast in one spirit , with one mind , striving together for the faith of the gospel ; ( and the ancient fundamental laws , liberties , rights , priviledges , parliaments , government and religion of our realm , which the jesuites and their instruments make their master-piece totally to undermine and subvert ) and in nothing terrified by your adversaries , which is to them an evident token of perdition , but to you of salvation , and that of god. if the presidents of your renowned ancesters here recorded ; the paterns of m many gallant pagan romans , graecians , who have spent their lives , for their countries , laws , liberties ; or if my example and these my lucubrations shall provoke you hereunto ; i shall think my labour well bestowed ; and you and your posterities worthy to live like english-freemen . but if you wil now neither manfully demand , speak , nor contend for them any more , out of a slavish fear of a prevailing army raised only for their just defence , or any other humane powers whatsoever ; nor once adventure with united spirits now at last , so much as confidently , boldly to ask these your unquestionable birthrights at the thrones of any mortal grandees , your fellow-subjects , when god almighty himself commands you , to come with boldnesse to his coelestial throne of grace , that you may obtain ( not meer right as here , but ) mercy it self , and grace to help in time of need , heb. . . qui timide rogat , docet negare ; you can neither hope for , nor ever obtain them for the future , but deserve eternally to forfeit them , and you and yours to be made slaves for ever : however i ( though these collections prove successless ) shal carry this as a comfortable cordial with me to my grave , that i have faithfully discharged my conscience and bounden duty to my degenerous native country , by endevouring all i could both to make and preserve it free indeed ; to detect and prevent all jesuitical plots and practises , to undermine , imbroyl , divide , subvert , ruine it ; and used my utmost sincerest constant endeavours in my place and calling herein . but if through the malice , tyranny or injustice of any prevailing enemies of publick freedom , or jesuitical agents , i shall chance to suffer for it in any kind , ( as i have formerly done for most of my publick services of this nature ) be it close-imprisonments , fines , pillories , stigmatizings or death it self ; i shall onely say beforehand , as gregory the great did heretofore : indict . . epist . . in causa qua deo place●e cupio , homines non formido : and as noble heroick esther did , in a like publick case for her endangered captivated nation , n if i perish , i perish : and this my unrighteous suffering , shall be a new glorious permissive , ordering , over-ruling providence , doth no wayes justify nor extenuate the guilt of any traytors , rebels , murderers , conspirators sinnes ▪ treasons , rebellions , murders , regicides , conspiracies , rapines , oppressions , or wicked devices , which he permits them to plot , act , accomplish ; so it doth in no wise exempt them in gods or mens esteem from being the true original plotters , contrivers , and immediate instrumental actors of them ; nor from the divine or humane punishments which they in justice demerit ; as is most evident by gen. . . to . psal . . . . prov. . , , . iob . , , &c. kings . . to . c. . . to . c. . . to . specially ver . , . kings . . to . c. . , . c. . . to . c. . , . sam. . sam. . . to . c. . throughout . hos . . . c. . , . isay . , c. . , , , &c. acts . . to . c. . . thess . . , , . mat. ▪ , , . compared together . and if we should look upon all our late changes , revolutions in our kingdoms , government , church , parliaments , religion , laws , ( wrought by the iesuites and their instruments ) as the meer wonderfull immediate productions and glorious operations of god himself in the world , and upon the instruments imployed in them , only as gods own precious chosen saints and servants , accomplishing nothing but his own determinate will , providence , councel , ( though to satisfie their own ambition , covetousnesse , malice , rapine , blood-thirstinesse , lusts ) as many now proclaim them , and not as conspirators , treacherous , perfidious , pernicious malefactors in the highest degree , as well as iack cade , wat tyler , strafford , canterbury , or the murderers of our saviour , joash , ishbosheth , with other kings heretofore , and of henry the . and . of france , of late ; there should then be no traytors , conspirators , murderers , sinners , treasons , conspiracies , murders , sinnes , in the world ( being all perpetrated by gods permissive providence ) no law , nor hell to punish them : and it would be no less than a direct resisting , fighting against god and his providence , for any christians , kingdoms , kings , or loyal subjects , to pray against , resist , oppose the treasons , murders , conspiracies , vsurpations , rebellions , innovations , plots , of any iesuites or romish emissaries , or their under-agents , against our kings , kingdoms , governors , parliaments , laws , liberties , government and religion ; which would be professed blasphemy , or frenzy at least , for any man to affirm . . that this iesuite parsons ▪ in his ●o●ks of the reformation of all the states of england , as he prescribed reformations to the prince , court , counsellors , noblemen , bishops , prelates , pastors , universities , lawyers , laws , in which he will have strange metamorphoses ; so likewise , the covrt of parliament he will have brovght to better form , as w. w. ( a secular priest ) in a dialogue between a secular priest and a lay-gentleman , printed at rhemes , an. . p. . watson in his quadlibets , p. . to . . to . william clark ( a s●cular priest in his answer to father parsons l●bel , p. . &c. ) in direct terms attest . and may we not then justly suspect , that the late new-models and reformations of our kingdoms , parliaments , government , laws , &c. ( originally promoted by our * army counsels , and officers ) proceeded primarily from the iesuites projections & plots against them , if the statutes of eliz. c. . eliz. c. . eliz. c. , . iac. c. , , , , . iac. c. . and the manifold declarations of both houses of parliament , exact collection , p. , , , , . , , , , to . may be judges ? . that the iesuites drift directly is ( immediatly by means of * conquest intended for england ) to bring it and all christendom into an uproar , for common sovldiers to examine their soveraigns , what title they hold by ; that thereupon themselves by craft , money and multitudes gathered together through their policy , may bring england , ( and then ) spain , and all the rest under their subjection and monarchy : and that principally by this iesuitical position ; that every precopie or tartarian multitude , getting once the stile and title of a publick state , or helvetian common-wealth , may alter , change and innovate the course of inheritances and succession to crowns and kingdoms , and also to every private persons heritage holden in fee-s●mple : as b william watson assures us in these very terms . and whether the jesuites have not instructed our army officers and common souldiers upon this pretext , and for this very end , to examine their soveraigns , yea , our parliaments titles , priviledges , and powers too of late , and dispose of , reject , suppress them at their pleasure ; let themselves , the whole nation , with all in present power , in the fear of god , most seriously consider , without passion or affection , before it be over-late . . that the oathes of supremacy and allegiance ( which all members of parliament ought by law to take , before they can sit , or vote as members ) specially made and prescribed by our most wise , zealous c protestant parliaments , to prevent the treasonable plots and designs of popes , iesuites , and papists , against our protestant princes , realms , parliaments , religion , though confirmed by many statutes , and containing in them , only the declaration of such a duty , as every true and well-affected subject , not only by the bond of allegiance , but also by the commandment of god , ought to bear to the king , his heirs and successors ; and none but * persons infected with popish superstition formerly oppugned , ( as the prologue of the statute of iacobi c. . positively resolves ) have by late state innovators , not only been discontinued , suspended , but declaimed against and repealed ( as much as in them lay ) as d vnlawful oaths ; the old lawes against iesuits and popish seminaries , discontinued , abrogated , or coldly executed . e the new oath for abjuration of popery , with all bills against iesuites and papists , presented to the late king by both houses the last parliament , and by him consented to in the isle of wight , wholly laid aside , and quite buried in oblivion . the solemn protestation , league and covenant , prescribed by the last parliaments taken by all the well-affected in all the kingdoms ( to f prevent the dangerous plots of papists , iesuites , and our common enemies to destroy our religion , churches , realms , government , parliaments , laws , liberties ) quite antiquated , dec●ied , detested , and a g new engagement forcibly imposed under highest penalties and disabilities upon all men , diametrically contrary to these oaths , protestations and covenants , which have been ( by a new kind of papal power ) publickly dispenced with , and the people absolved from them , to become sworn homages to other new self-created lords and masters . and are not all these , with the late proclaimed universal toleration and protection of all religions , to considerate zealous protestants , strong arguments of the jesuites predominancy in our late counsels , transactions , and changes of publike government ? . that the notion of the present government , ( in my weak apprehension ) derived its original from the iesuites late-invented h present church , the onely supream power and judge of controversies , which all men must submit unto , by a meer absolute blind obedience , and implicit faith , without dispute by their determination : as they must do , by a like iesuitical blind obedience ( newly taught and obtruded on us ) to that present republican government , and new optimacity , and popularity , lately set up instead of our monarchy . which two forms of government , and want of a king and monarchy , as they are the punishment of a peoples sins , and the transgressions of a land by gods own resolution , not a mercy . hosea . . c. . . ier. . . prov. . . ez● . . . lam. . . c. , , , . so they were the inventions of factious grecians at first , w●ch * put all their cities into combustions , fury , frenzy , and civil wars against each other , to their utter overthrow in conclusion : witness these verses of i heniochus , a greek comedian : tum geminae ad illas accesserunt mulieres ( titas quae cuncta conturbarunt : optimaest nomen alteri : alteri popularitas ; ( runt . quarum incitatis pridem externatae fu● so the iesuits , k parsons , l campanella , m car. richelieu , designed to introduce & set them up among so us in engl. scotl. and ireland , of purpose to divide● destroy us by civil wars and combustions , and bring us under their jesuitical power at last , as the marginal authorities declare to all the world . and if this be undeniable to all having any sence of religion , peace or publick safety left within their brests , is it not more than high time for us to awake out of our former lethargy , & fordid , selfish stupidity , to prevent our ruine , by these and other forementioned jesuitical practises ? of can any englishman , or real parl. be justly offended with me for this impartial discovery of them ? or for my endeavours to put all the dislocated members and broken bones of our old inverted fundamental body politick , into their * due places , joints and postures again , without which there is no more n possibility of reducing it to its , pr●stine health , ease , settlement , tranquility , prosperity , or of preserving it from perpetual pain , inquietation , consumption and approaching death , than of a natural body whose principal members continue dis-joynted , and bones broken all in pieces , as all prudent state-physicians must acknowledge . these five considerations , together with the premises ; will i presume sufficiently wipe off all the malicious scandalous imputations , which militiere and other papists , have injuriously cast upon the principles and chief professors of our reformed religion , in relation to the late exorbitant proceedings against the king , parliament , the publike revolutions , confusions , ataxies both in our church & kingdoms ; and retort them on the iesuitical , papal , seditious , treasonable , antimonarchical principles and professors of their religion , especially the iesuits and french cardinals ( militiere his late lords and masters ) the original contrivers , and chief clandestine promoters of them , as every day more and more discovers to the world . and withall abundantly justifie this my undertaking & impartial discovery of jesuitical plots to ruin our church , religion , kingdoms , parliaments , laws , liberties , government , against all malicious enemies , accusers maligners whatsoever , before all the tribunals of god or men , where i shal be ready to justifie them upon all occasions . in perpetual testimony whereof , i have hereunto set my hand , and by gods grace shall ever be ready to seal them and the truth of god with my blood , if called out to do it . swainswick , aug. . . william prynne . a seasonable legal and historicall vindication and chronologicall collection of the good old fundamental liberties , franchise● , rights , laws of all english freem●n ; ( their best inheritance , birth-right , security , against all arbitrary tyranny , aegyptian slavery and burdens ) of late years most dangerously undermined , oppugned , and almost totally subverted , under the specious feigned disguise of their defence , enlargement , and future establishment upon a sure basis . it is an universall received principle , and experimentall truth , beyond all contradiction , that no naturall structure , no artificial building , no civil or ecclesiastical corporation , realm , republike , government , or society of men ; no art or science whatsoever , can possibly be erected , supported , established , preserved or continued in their being or well-being , without fovndations ; whereon , as they were at first erected , so they must necessarily still depend , or else they will presently fall to utter ruine . hence it is ( to wave all humane authorities in so clear a verity ) that in gods own sacred unerring a word of truth , we finde frequent mention of the naturall b foundations of the the vast natural fabrick of the earth , heavens and world it self ; of the artificial , material c foundations of the material temple , wals , city of gods own most famous jerusalem ; and of private houses : of the spirituall d foundations of the spiritual temple , city , jerusalem , and whole church of god ; even jesus christ himself : of doctrinal e foundations , and first principles of religion ; christianity , salvation : yea , of the politicall foundations of kingdomes , republicks , churches , governments , states : which being once shaken , undermined , subverted , razed , or d●stroyed , bring unavoidable ruine and desolation upon them , ( psal . . . psal . . . jer. . . & . , . micah . , , . ) even as we daily see castles , walls , houses to fall instantly to the ground , and become an heap of confusion , when their f foundations are blown up , decayed , or demolished . upon which consideration , those publike laws , which establish , fence , fortifie , support the fundamental constitutions , rights , liberties , priviledges of any nation , kingdome , republike , ( essentiall to their being and subsistence , as a free or happy people , against the invasions , underminings , enchroachments of any tyrants , vsurpers , oppressors , or publike enemies , are usually stiled fundamental laws ; and have ever been reputed so sacred , inviolable , immutable , in all ages , upon any pretences of necessity , or publike safety , that most nations , and our own english ancestors above others , have freely chosen to hazard , yea , lose their estates , lives , in their just defence , against such exorbitant tyrannical kings , and other powers , who by force or policy have endeavoured to violate , alter , or subvert them ; rather than out of a cowardice , sottishnesse , carelesnesse , or want of cordial love to the publike , to suffer the least infringment , repeal , or alteration of them to the inthrawling of themselves or their posterities to the arbitrary wils of such domineering tyrants and vsurping powers . now because , after all our old and new ( many years ) bloody , costly , dangerous contests and wars , for the maintenance of our good old fundamental liberties , laws , ●ights , priviledges , against all secret or open underminers of them , i clearly behold with grief of heart , that there is a strang monstrous generation of new tyrannical state-hereticks , sprung up amongst us ; who are grown so desperately impudent , as not only to write , but publikely to assert in print , in g books printed by authority , ( even in capitals , in every title page ) that the freemen and people of england have no such unalterable fundamental laws and liberties left them by their forefathers ( as our ancestours heretofore contested for , both in the field and parliament-house , with william the conqueror , henry the first , king john , henry the third , edward . . . richard . with other kings and princes ; and our late parliament● and armies too , with king james and king charls . ) that neither magna charta , nor the petition of right , nor the laws for trying malefactors by juries of their pears , are fundamental or unalterable ; but that the state physitians ( or rather mountebanks ) of our time ( who are not tied up to them , but left free unto themselves ) may lay them quite aside , either in part or whol , as they see cause . yea , have now attained to such a super-transcendent authority , that they may ( as they assert ) lay aside all parliaments & parliamentary wayes , & appoint something else , as more seasonable and proper to us , and as providence makes way for it , if they see it more conducing to the safety and good of the commonwealth ( that is , to their own privat interests , honors ; profits , securities , designes , oppressions , rapines , gilded over with this specious pretext ) and then peremptorily conclude , that to plead for these and other fundamental laws and liberties , as unalterable , ( though the only bulwarks & badges of our freedome ) is nothing else , but to enslave the nation : for by such a principle , people do not only lose their liberty , but are brought under such a kinde of tyranny , out of which ( as being worse than the aegyptian bondage ) there is no hope of deliverance . an absurd tyrannical paradox , transcending any i ever yet met with in any author ; stripping us naked of all our long enjoyed laws , liberties , franchises , great charters at once ; tending onely to reduce , and perpetually inthrall us under such an absolute aegyptian bondage and tyranny , without any hope of future deliverance from it , which some now endeavour * to entaile on us and our posterities for ever , by an iron law , and yoke of steel , in stead of restoring to us that glorious freedome , which we have so long expected from them in vain . and because i finde the generality of the nobility , gentry , clergy , commonalty of our nation , after all their late years expensive bloody wars , and parliamentary disputes , for the defence and preservation of these our ancient hereditary fundamentall charters , laws , liberties , priviledges , so strangely degenerated both from themselves , and their heroick prudent ancestors , as that they are more readily inclined , upon every occasion , out of a base , unchristian , unmanly , un-english fear , or sottish cowardise and stupidity , wittingly to desert , betray , surrender them al up into the hands of any invading vs●rpers , without the least publike claim , dissertation , defence , dspute ; then diligently or couragiously to cōtend or suffer for them , of late they did : so as that which paul once taxed in the ●lavish besotted corinthians , epist . . . may be most truly averred of our degenerated , infatuated english nation : ye suffer if a man bring you into bondage , if a man de●●ur you , if a man take of you , if a man ex●lt himself ( above your laws , liberties , franchises , parliaments , kings , nobles , properties , lives , consciences , and all * that is called god , or warshipped ) if a man smite you on the face ; notwithstanding all their manifold late * protestations , vows , covenants , remonstrances , declaration● and publike engagements to the contrary . and withall , after diligent enquiry , discovering scarce one man of eminency or power in the nation , nor so much as one of my degenerated temporizing profession of the law , ( even when the * whole body of our laws , and all its professors , are violently assault●d , and devoted unto suddain ruine , by many lawlesse spirits ) who hath so much courage , magnanimity , honesty , zeal , or cordial love to his native country , remaining in his brest , as manfully to appear in publike , for the strenuous necessary defence of these our hereditary , fundamentall laws , liberties , rights , franchises , ( though their own , and every other english freemans best inheritance and security ) for fear of being persecuted , imprisoned , close imprisoned , exiled , condemned , destroyed , as a traytor , rebell , seditious person , enemy to the publike , or disturber of the kingdomes peace , by those who are truly such : i thereupon conceived , i could not undertake or performe a more necessary , seasonable , beneficiall service for my country and ingrate unworthy nation ( who are now ashamed , afraid , for the most part , to own , visit , or be seen in the company of those gallant men , much lesse to assist , defend , and stick close unto them in their dangers , according to the sixth article of their late solemn league and covenant , who have suffered , acted , and stood up most for their common liberties , rights , freedoms , religion , against all invading tyrant● , to their great discouragement and betraying : ) not pitch upon any subject more proper for me , either as a common lawyer , or as a constant advocate and sufferer for the publike cause , and liberties of the nation , as well under our late extravagant free state , as former regal and episcopal arbitrary tyranny , than in this juncture of our publike affairs , to present our whole distracted unsetled kingdome , with a legal and historical vindication , and chronological collection , in all ages , of these ancient , hereditary liberties , franchises , rights , and all those national , parliamentall , legal and martial contests , laws , charters , records , monuments of former and late times , for their confirmation and inviolable observation , which our ancestors and our selves have alwaies hitherto reputed fundamental , unalterable and inviolable , upon any pretext , and have most eagerly contended for , with the prodigal expence of many millions of treasure , and whole oceans of gallant christian english blood . and if upon the serious perusall of them , the universality of our degenerated nation , after their many solemn protestations , vows , leagues , covenants , remonstrances , inviolably to defend and maintain them , shall still so undervalue them now at last , ( as most actually have done ) as not to esteem them worth the owning , maintaining , vindicating , or perpetuating any longer ; & thereby draw upon their heads , the reall guilt of all those bloody wars , murders , tumults , violences , rapines , oppressions , sins , mischiefs , illegal taxes , excises , exorbitancies , which their many late years pretended necessary defence and preservation have brought upon our three whol nations ; let them henceforth , like so many dastardly conquered bondslaves , * bored through the ears , publikely disavow , disclaim , renounce , abjure them , for themselves and their posterities for ever , as meer worthlesse toyes , or pernicious inventions , fit onely to kindle perpetual wars and discords between king and people , head and members , superiours and inferiours ; or , as poor slender cobwebs , ( as now they prove ) able to hold none within compasse , but the very weakest flies , broken thorow with ease and impunity , by every greater fly , or armed waspe , creeping up into any power or supream authority , by right or wrong ; and swept down to the very ground , by every new broom in the hand of vpstart innovators . but if upon saddest deliberation , they shall really estimate them to be such incompatable , rich , precious jewels , and ancient inheritances , as are every way worth the infinite treasures , wars , blood , cares , consultations , troubles , heretofore and of late years expended , both to gain , retain , confirm , and perpetuate them , to them and their posterities for ever , as their principal earthly security , and beatitude ; i hope they will all then unanimously conclude with the poet , non minor est virtus quàm quaerere , parta tveri : and both by their votes and actions , return the self-same peremptory magnanimous answer to any caesar , conqueror , potentate , power , or combination of men , whatsoever , ( who shall endeavour by force , fraud , or flattery to compell or perswade them , to sell , resign , betray , or give up these their ancestrall priviledges , inheritances , birth-rights to them ) as naboth once did to king ahab , kings . . the lord forbid it us , that we should give ( sell or betray ) the inheritance of ovr fathers ( and our posterities likewise ) unto thee , or you ; though they should suffer for this answer and refusall , as much as naboth did from bloody ahab and jezebel . but whatever low price or estimate this spurious , stupid , sordid , slavish age may set upon these richest pearls ; yet for my own particular , upon serious consideration of these chronological collections , and the solemn oaths , protestations , vows , league and covenant , obliging me to defend them to the uttermost ; i value the whole nations publike , and my own ( with my cordial friends ) private interest in them , at so high a rate , that i would rather chearfully part with ten thousand lives , and all the treasures of the nation , indies , were i owner of them , then wittingly , negligently , or unworthily sell , betray , or resign them up to any mortals or powers whatsoever , upon any pretences or conditions , after all my former publications , contests , sufferings , losses , &c. for their just defence . and to the end al others might now take special notice of the inestimable value our ancestors in all ages have set upon them , and what successive wars , conflicts , they have chearfully undertaken for their preservation ; i have at vacant hours compiled this ensuing vindication and collection of the old fundamental liberties , franchises , laws of all english freemen , which i shall bequeath to my most beloved native country , in general , and every reall heroick patron of them in particular , as the best legacy i can leave behinde me , both for their present and future enfranchisment , immunity , security , from all arbitrary tyranny , slavery and yokes of bondage , under which they have a long time languished , and lamented in the bitterness of their spirits . the method i resolve herein to pursue , is this : . i shall produce some punctuall authorities of moment , to evidence , that the kingdome and freemen of england , have some ancient hereditary just rights , liberties , priviledges , franchises , laws and customs , properly called fvndamental ; and likewise a fundamental government , no wayes to be altered , undermined , subverted directly or indirectly , to the publique prejudice , under pain of highest treason in those , who shall attempt it , especially by fraud , force , or armed power . . i shall , in brief propositions , present you with the chiefest and most considerable of them , which our ancestors in former ages , and our latest real parliaments have resolved to be , and eargerly contended for , as fundamental , essentiall to their being and well-being , as a free people , kingdome , republique , unwilling to be enslaved under any yokes of tyranny , any arbitrary , 〈◊〉 positions or powers whatsoever , then give you a briefe touch of their severall late unparalelld violations , both by the edicts and actions of usurping powers . . i shall in a chronological way , tender you a large historical catalogue of national parliamental , civill and military ▪ contests , votes , declarations , ●emonstrances , oathes , vows , protestations , covenants , engagements , excommunications , confirmations , evidences , statutes , charters , writs , records , judgments and authorities in all ages , undeniably evidencing , declaring , vindicating , establishing , perpetuating these fundamental hereditary rights , liberties , priviledges , franchises , customs , laws , and abundantly manifesting the extraordinary care , industry , zeal , courage , wisdome , vigilancy of our ancestours , to defend , preserve , and perpetuate them to posterity , without the least violation or diminution . . i shall vindicate the excellency , indifferency , and leg●lity of trying all malefactors whatsoever , by juries of their ●eers , upon legal processe and indictments ; and manifest the illegallity , injustice , partiality , dangerous consequences , of admitting or introducing any other form of trials , by new. arbitrary martiall commissions , or courts of high justice , ( or rather * injustice ) inconsistent with , and destructive to the fundamental rights , liberties , priviledges , laws , franchises of the english nation , and of most dangerous president to posterity ; being set up by the greatest pretenders to publike liberty , law , and the ●heifest inveighers against arbitrary regal tyranny and power , which never publikely established such arbitrary illegal tryals and new butcheries of christian english freemen , by any law , and may fall to imitate them in future ages , by their example . each of these i intend to prosecute in distinct chapters in their order . chap. . . for the first of these : that the kingdome and freemen of england , have some ancient hereditary rights , liberties , priviledges , franchises , laws and customs , properly called fvndamental ; and likewise a fvndamentall government , no wayes to be altered , undermined , subverted , directly or indirectly , under pain of high treason in those who shall attempt it ; especially by fraud , force , or armed power . i shall confirm the first part of it , by these ensuing punctual authorities of moment , against those * traiterous late published pamphlets , which professedly deny it , and endeavour , a totall abrogation of all former lawes , to set up a new modell and body of the law , to rule us for the future , according to their pleasures . the first is , the expresse words of the great charters of the liberties of england , granted by king john , anno . in the year of his reign ; regranted and confirmed by king henry the third , in the year of his reign , and sundry times afterwards and by king edward the first , in the and years of his reign : wherein these three kings successively , by their several grand charters , under their great seals , did grant , give , and confirm , to all the nobility , is , and ever shall be , far from the thoughts and intents of all good kings , governours and parliament , who bear a sincere care and affection to the subjects of england , to alter or innovate them . . that by these ancient good laws , priviledges and customs , not only the kings regall authority , but the peoples security of lands , livings , and priviledges , ( both in general and particular ) are preserved and maintained . . that by the abolishing or altering of them , it is impossible , but that present confusion will fall upon the whol state and frame of this kingdom : which i wish all innovators and new modellers of our lawes and government would now at last lay seriously to heart , and the whole kingdome and english nation sadly consider , who have found it an experimental truth of late years , and no imaginary seigned speculation . . the third is , the remon●trance of the whole house of commons in parliament , delivered in writing to king james , in the parliament of . jacobi , anno . which begins thus : to the kings most excellent majesty . most gracious soveraign , whereas we your majesties most humble subjects , the commons assembled in parliament , having received first by message , and since by speech from your majesty , a command of restraint , from debating in parliament your majesties right of imposing upon your subjects goods exported out of , or imported into this realm , yet allowing us to examine the grievance of these impositions , in regard of quantity , time , and other circumstances of disproportion thereto incident : we your humble subjects nothing doubting , but that your majesty had no intent by that command , to infring the ancient and fundamentall rights of the liberty of parliament , in point of exact discussing of all matters concerning them and their possessions , goods , and rights whatsoever : which yet we cannot but conceive to be done in effect by this command ; do with all humble duty make this remonstr●nce to your majesty . first , we hold it an ancient , general and undoubted right of parliament , to debate freely all matters , which do properly concern the subject and his right or estate : which freedome of debate being once fore-closed , the essence of the liberty of parliament is withall dissolved , &c. here the whole house of commons , in a speciall remonstrance to king james , ( printed and published by order of a committee of the house of commons for licensing of books , dated maii . caroli . ) declare , resolve , vindicate and maintain , one principal , ancient , fundamentall , general , undoubed right of the liberty of parliament , against the kings intrenchment on it : of which should they be but once fore closed , the essence of the liberty of parliament is withall dissolved . and peradventure it may not be unworthy the most serious disquisition of the next ensuing nominal or real parliament , to examine , whether some clauses and restrictions in the . . . , . . . , . . . , . , , , , . articles ( or strings ) of the new instrument intituled , the government of the common-wealth of england , scotland , and ireland , and the dominions thereunto belonging ; as it was publikely declared at westminster the . day of december , &c. do not as much , nay far more intrench upon the ancient fundamental , general undoubted rights and liberty of parliament , and parliamentary free debates , to the dissolution of the essential liberty of all future parliaments , as this command of king james did , or as the bishops late canons , imposed on the clergy in and by the convocation , anno . ever did ; and this clause in their , &c. oath then made , ( now * imitated by others , who condemned it ) i. a. b. do swear , that i will never give my consent to alter the government of this church , by arch-bishops , bishops , deans and arch-deacons , &c. as it stands now established , and as by right it ought to stand . which clause and oath imposed onely on the clergy-men . resolved by the whole house of commons and peers too , in parliament , without one dissenting voice , december . . to be a most dangerous & illegal oath , contrary to the rights and priviledges of parliament , and to the fundamental laws and statutes of the realu● , &c. and of dangerous consequence : the contriving whereof was objected to the late archbishop of caterbury , in his original articles of high treason , for which amongst other things he lost his head . the fourth is the notable petition of grievances of the whole house of commons in parliament , presented to king james in the seventh year of his reign , after their vote against his right , to levy impositions on goods imported , or exported , without assent and grant of parliament , in these ensuing words . the policy of this your majesties kingdomes , appropriates unto the kings of this realm , with assent of parliament , as well the soveraign power of making laws , as that of taxing or imposing upon the subjects goods or merchandises , wherein they have justly such a property , as may not without their consent be altered or changed : this is the cause , that the people of this kingdome , as they have * ever shewed themselves faithfull and loving to their kings , and ready to aid them in all just occasions , with voluntary contributions : so have they been * ever careful to preserve their own liberties and rights , * when any thing hath been done to prejudice or impeach the same . and therefore when their princes , either occasioned by war , or by their own bounty , or by any other necessity , have without consent of parliament set on impositions , either within the land , or upon commodities exported or imported by the merchants , they have in open parliament complained of it , in that it was done without their consents , and thereupon * never failed to obtain a speedy and full redresse , without any claim made by the kings , of any power or prerogative in that point . and though the law of property be original , and carefully preserved by the common laws of this real , which are as ancient as the kingdome it self , yet those famous kings , for the better contentment and assurance of their loving subjects , agreed , that this old fundamental right ( observe the words ) should be further declared , and established by acts of parliament , wherein it is provided , that no such charge shall ever be laid upon the people , without their common consents , as may appear , by sundry records of former times . we therefore your majesties most humble commons assembled in parliament * following the example of this worthy care of our ancestors , and out of our duty to those for whom we serve , finding that your majesty , without advice of your lords and commons , hath lately ( in times of peace ) set both greater impositions , and farre more in number , than any your noble ancestors did ever in time of warre , do with all humility present this most just and necessary petition unto your majesty , that all impositions set withovt assent in parliament , may be qvite abolished and taken away . and that your majesty likewise , in imitation of your royal progenitors , will be pleased , that a law in your time , and during this session of parliament , may be also made , to declare , that all imposition of any kinde , set , or to be set upon your people , their goods or merchandises , save onely by common consent in parliament , are and shall b● void ; wherein your majesty shall not onely give your subjects great satisfaction in point of their right ; but also bring exceeding joy and comfort to them , who now suffer partly through the abating of the price of native commodities , and partly through the raising of all forraign , to the overthrow of merchants , and shipping , the causing of general dearth , and decay of all wealth among your people ; who will be thereby no lesse discouraged , than disabled to supply your majesty when occasion shall require . in which memorable petition , the whole house of commons resolve in direct terms : . that the subjects of england have old original fundamental rights ( and more particularly ) in the property of their goods , exempted from all impositions whatsoever , in times of peace or war , without their common consent in parliament ; declared and established both by the ancient and common law of england and sundry acts of parliament , and records , of former times . . they declare , the constant vigilant care , zeal of our ancestors and former parliaments in all ages , inviolably to maintain , defend , preserve the same , against all enchroachments , together with their own care , duty and vigilancy in this kind in that very parliament . . they relate the readinesse of our kings to ratifie these their fundamental rights by new acts of parliament , when they have been violated in any kinde . . they declare the benefit accruing both to prince and people , by the inviolable preservation and establishment of this old fundamental right , and the mischiefs accruing to both by the infringment thereof , by arbitrary illegall impositions , without full consent in parliament . . they earnestly ( in point of conscience , prudence , and duty to those for whom they served ) petition his majesty , for a new law and declaration , against all new impositions and taxes on inland goods , or merchandises imported or exported , without the peoples free consent in parliament , as null , void , utterly to be abolished and taken away : whether it will not be absolutely necessary for the whole english nation , and the next ensuing national , or reall parliament , to prosecute , enact , establish such a declaration and law against all such former and future arbitrary , illegal , oppressive taxes , impositions , excises , that have been imposed and continued for many years together on the whole kingdome , by * new extravagant , self-created , usurping army-officers , and other powers , without free and full consent of the people in lawfull english parliaments , against all former laws , declarations and resolutions in parliaments , to their great oppression , enslaving , undoing , in far greater proportions , multiplicity , and variety , than ever in former ages , without the least intermission ; and likewise against their late declared designe , to perpetuate them on our exhausted nation , without alteration or diminution , ( beyond and against all presidents of former ages ) both in times of peace and war , for the future , by the , , , , . articles of the instrument entituled , the government of the common-wealth of england , &c. i remit to their most serious considerations to determine , if ever they resolve to be english freemen again , or to imitate the wisdome , prudence , zeal , courage and laudable examples of their worthy ancestors , from which they cannot now degenerate without the greatest infamy , and enslaving of themselves with their posterities for ever , to the arbitrary wils of present or future vsurpers on their fundamental rights and liberties , in an higher degree then ever in any precedent ages , under the greatest conquerours or kings , after all their late , costly , bloody wars , for their defence against the beheaded king. the fifth is , a learned and necessary argument made in the commons house of parliament , anno . jacobi , to prove , that each subject hath a property in his goods ; shewing also , the extent of the kings prerogative in impositions upon the goods of merchants , exported or imported , &c. by a late learned judge of this kingdome , printed at london by richard bishop , . and ordered to be published in print , at a committee appointed by the honorable house of commons , for examination and licensing of books , . maii . in which parliamentary argument , p. . . . i finde these direct passages : that the new impositions contained in the book of rates , imposed on merchandizes , imported and exported by the kings prerogative , and letters patents , without consent in parliament , is against the natural frame and constitution of the policy of this kingdome , which is , jvs pvblicvm regni , and so svbverteth the fundamental law of the realm , and introduceth a new form of state and government : can any man give me a reason , why the king can only in parliament make laws ? no man ever read any law , whereby it was so ordained ; and yet no man ever read , that * any king practised the contrary ; therefore it is the original right of the kingdome , and the very natural constitution of our state and policy , being one of the highest rights of soveraign power . if the king alone out of parliament may impose , * he altereth the law of england in one of these two main fundamental points ; he must either take the subjects goods from them , without assent of the party , which is against the law , or else he must give his own letters patents the force of a law , to alter the property of the subjects goods , which is also against the law. in this and sundry other arguments ( touching the right of impositions ) in the commons house of parliament by the members of it , arguing against them , it was frequently averred , and at last voted and resolved by the house , . jacobi . that such impositions without consent in parliament , were * against the original fvndamental laws and property of the svbject , and original right , frame and constitution of the kingdome ; as the notes and journals of that parliament evidence : an expresse parliamentary resolution in point , for what i here assert . . the sixth is , a conference desired by the lords , and had by a committee of both houses , concerning the rights and priviledges of the subject . . aprilis . caroli . entered in the parliament journal of . caroli , and since printed at london . in the introduction to which conference , sir dudley digs by the commons house order , used these expressions : my good lords , whilest we the commons , out of our good affections , were seeking for money , we found , i cannot say a ●ook of the law , but many a fvndamental point thereof neglected and broken , which hath occasioned our desire of this conference : wherein i am first commanded to shew unto your lordships in general : that the laws of england are grounded on reason more ancient than books , consisting much in unwritten customs ; yet so full of justice and true equity , that your most honorable predecessors and ancestors propugned them with , a * nolvmvs mvtari ; and so ancient , that from the saxons dayes , notwithstanding the injuries and ruines of time , they have continued in most parts the same , &c. be pleased then to know , that it is an undoubted and fundamentall point of this so ancient common law of england , that the subject hath a true property in his goods and possessions , which doth preserve as sacred , that mevm and tvvm , that is the nurse of industry , and the mother of courage , and without which , there can be no justice , of which mevm and tvvm is the proper object : but the vndovbted birth-right of free svbjects , hath lately not a little been invaded and prejudiced by pressures , the more grievous , because they have been pursued by imprisonment , contrary to the franchises of this land , &c. which the commons house proved by many statutes and records in all ages , in that conference , to the full satisfaction of the lords house ; since published in print . . the seventh is , the vote the * whole house of commons , . december . nullo contradicente , entered in their journall , and printed in diurnall occurrences , page . that the canons made in the convocation ( anno . ) are against the fundamental laws of the realm , the property and liberty of the subject , the right of parliament , and containe diverse things tending to faction and sedition . seconded in their remonstrances of . december . . the eight authority is , * the votes of both houses of parliament , concerning the security of the kingdome of england and dominion of wales , . martii . ordered by the lords and commons in parliament to be forthwith printed and published ( as they were then by themselves , and afterwards with other votes and orders ) resolved upon the question , nemine ▪ contradicente ; that in case of extream danger , and his majesties refusall , the ordinance agreed on by both houses for the militia ( to secure the houses , members and priviledges of parliament and kingdome against armed-violence , since brought upon them by the militia of the army ) doth obliege the people , and ought to be obeyed , by the fundamental laws of this kingdome . a very vain and delusory vote , if there be no such law , as some now affirm . . the nineth punctuall authority is , * a second declaration of the lords and commons assembled in parliament , concerning the commission of array ; printed by their speciall order of . january . wherein are these observable passages , the main drift of all the answer is to maintain , that the king by the common law may grant such a commission of array , as this is , upon this ground , because it s for the defence of the kingdome : and , that the power , which he hath to grant it by the common law , is not taken away by the petition of right , or any former statute , but the king notwithstanding any of them , may charge the subject for defence of the kingdome ; so as the charge imposed come not to himself , nor to his particular advantage . these grounds thus laid , extend not to the commission of array alone , but to all other charges that his ma●esty shall impose upon his subjects , upon pretence of defence of the kingdome ; for there is the same reason of law for any other charge that is pretended for defence , as for this . if his majesty by the common law may charge his subjects to finde arms , and other things in the commission enjoyned , because they are for defence of the kingdom ; by the same reason of law , he may command his people to build castles , forts and bulwarks , and after to maintain them with garrisons , arms , and victuals , at their own charges : and by the same reason he may compel his subjects to finde ships , and furnish them with men , ammunition and victuals , and to finde souldiers pay , * coat and conduct money ; provide victuals for souldiers , and all other things necessary for an army ; these things being as necessary for defence , as any thing that can be done in execution of this commission . and for that exposition of the petition of right and other statutes therein noted ( if it should hold ) doth it not overthrow , as well the petition it self , at all other laws that have been made for the subjects benefit against taxes and other charges , either 〈…〉 or any other parliaments ? these positions thus laid down and maintained , do shake the fundamental laws of the kingdome ( the ancient birth right of every subject ) both for the property of his goods , and liberty of his person : nay , they strike at the root of parliaments : what need his * majesty call parliaments , to provide for defence of the realm , when himself may compell his subjects to defend it without parliaments ? if these grounds should hold , what need the subjects grant subsidies in parliament for defence of the kingdome in time of reall danger , if the king for defence at any times , when he shall onely conceive or pretend danger , may impose charges upon his subjects without their consent in parliament ? upon that which hath been said in this and our former declaration , we doubt not but all indifferent men will be satisfied , that this commission of array , is full of danger , and inconvenience to the subjects of england , and against the fundamental● lawes of the land , both for property of goods , and liberty of person , &c. as it is against the fundamental laws of the realm , so no statute makes it good , &c. and the lords and commons do upon the whole matter here conclude , that they are very much aggrieved , that after so many declarations and solemn protestations made by his majesty to rule by the known laws of this land , his majesty by advice of his ill councellors should be perswaded to set such a commission on foot , which is so clearly contrary to the fundamental laws of this land , the rights of property , and liberty of the subject , contrary to former resolutions of parliament , and to the petition of right . i am certain , the generality of the nation are now as much and more agrieved , that some , who were parties to this declaration , and others , who have made as many or more declarations & protestations as his majesty ever did , to rule by the known laws of the land ; should since this , far exceed his majesty in the like , nay greater , more exorbitances in the militia , excises , taxes , impositions , imprisonments arbitrary extravagant proceedings , capital executions in new erected courts of injustice , and whole volumes of new binding ordinances , as they term them , and their ill-sounding instrument , obliging all our three nations , both for the present & all future ages , in * their intention ; as diametrically contrary as the kings commissions of array , to the fundamentall laws of the land ( four times together so stiled and insisted on , as such , in this one declaration of both houses ) the right of property of the subject , contrary to former resolutions , and the petition of right ; yea ( which is most abominable ) to their own declarations , remonstrances , votes , protestations , vows , solemne leagues and covenants in parliament , to their own eternall infamy , as well as the peoples intolerable oppression and slavery ; who thereupon may justly conclude and protest against them , as both houses did in the close of this declaration against the array , viz. * and the lords and commons do and shall adhere to their former votes & resolutions , that all those that are actors in putting of this commission of array ( these instruments , ordinances new taxes , imposts , excises ) in execution , shall be esteemed disturbers of the peace of the kingdome , and of the properties and liberties of the subject . . the tenth evidence is , * the vote and letter of both houses of parliament sent to his majesty at oxford , . march . in answer to his majesties , of the third of march ▪ and wherein there is this passage : we the lords and commons assembled in the parliament of england , &c. have resolved , with the concurrent advice and consent of the commissioners of scotland , to represent to your majesty in all humility and plainnesse as followeth ; that this present parliament convened , according to the known and * fundamental laws of the kingdome ( the continuance whereof is established by a law consented to by your majesty ) is in effect denied to be a parliament , &c. and hereupon we think our selves bound to let your majesty know ; that since the * continuance of this parliament is settled by a law , ( which as all other laws of your kingdome , your majesty is sworn to maintain , as we are sworn to our allegiance to your majesty ; those obligations being reciprocall ) we must in duty , and accordingly are resolved , with our lives and fortunes , to defend and preserve the ●ust rights and full power of this parliament : to which the earle of essex ( then general ) by both houses order , in his letter to the earle of forth january . . adds this corolary . my lord , the main●enance of the parliament of england , and the priviledges thereof , is that for which we are resolved to spend our bloud , as being the fovndation whereon all ovr laws and liberties are bvilt : which both the lords and commons assembled in parliament , in their declaration . march . touching their proceedings upon his majesties letter , concerning a treaty of peace ; ( wherein this earls former letter is recited ) thus second : the parliament of england is the onely basis , the chief support and pillar of our laws and liberties , &c. and if notwithstanding all these obligations , the king shall at his pleasure dissolve this parliament , the kingdome is not onely deprived of the present , but made uncapable of enjoying the benefit of any future parliament , or laws , any longer than shall stand with the will and pleasure of the king : and consequently the fundamentals of all our laws and government are subverted . let the parliament-purging , securing , sequestring , dissolving officers army , and their confederates , seriously ponder this , yea let all the whole english nation and their trustees who shall hereafter sit in parliament , consider and reform it in the first place , if ever they expect any freedome , free parliaments , peace , settlement , enjoyment of their fundamental laws , rights , or liberties for the future , depending on our parliaments freedome , and exemption from all force and violence on its members . the eleventh is , the * ordinance of both houses of parliament , . junii . for the forces raised in the county of salop , which begins thus : the lords and commons assembled in parliament , taking into their serious considerations , the great oppressions under which the inhabitants of the county of salop lie , by reason the insupportable taxes , &c. and the present condition of the county , by reason of the great number of irish rebels that have invaded it , and joyned with papists and other ill affected persons , now in those parts , which threaten the extirpation of the protestant religion , and the subversion of the fundamental laws and government of the kingdom . for prevention whereof , &c. a direct ordinance in point . the twelfth is , * a declaration of the commons of england , assembled in parliament , . aprilis . of their true intentions concerning the ancient and fundamental government of the kingdome , securing the people against all arbitrary government , &c. wherein they complain , that the enemy being in dispair to accomplish his designes by war , do mis-represent our intentions in the use we intend to make of the great successes god hath given us , and the happy opportunity to settle peace and truth in the three kingdomes ; to beget a belief that we now desire to exc●ed , or swerve from our first aym's and principles in the undertaking of this war , and to recede from the solemn league and covenant , and treaties between the two kingdomes ; and that we would prolong these uncomfortable troubles , and bleeding distractions , in * order to alter the fundamental constitution and frame of this kingdome , to leave all government in the church loose and unsettled , and ourselves to exercise the same arbitrary power over the persons and estates of the svbjects , which this present parliament hath thought fit to abolish , by taking away the star-chamber , high-commission , and other arbitrary courts , and the exorbitant power of the council table , ( all which we have seen experimentally verified in every particular , in the highest degree , notwithstanding this declaration , by some in late and present power , and new white-hall council tables , exceeding the old in illegal taxes , law-making , and other extravagances : ) all which being seriously considered by us , &c. we do declare , that our true and real intentions are , and our endeavour shall be , to settle religion in the purity thereof , * to maintain the ancient and fundamentall government of this kingdome , to preserve the rights and liberties of the subject ; to lay hold on the first opportunity of procuring a safe and well grounded peace in the three kingdoms , and to keep a good understanding between the two kingdomes of england and scotland , according to the grounds expressed in the solemn league and covenant : and lest these generals should not give a sufficient satisfaction , we have thought fit , to the end men might no longer be abused in a misbelief of our intentions , or a misunderstanding of our actions , to make a further enlargement upon the particulars . and first , concerning church-government , &c. because we cannot consent to the granting of an arbitrary and unlicensed power and jurisdiction , to neer ten thousand judicatories to be erected within this kingdome , and this demanded in such a way , as is not consistent with the fvndamental laws and government of the same , &c. our full resolutions still are , sincerely , really and constantly to endeavour the reformation of religion in the kingdome of england and ireland , in doctrine , worship , and government , according to the word of god , and the example of the best reformed churches , and according to the covenant . we are * so farre from altering the fundamental government of this kingdome by king , lords and commons , that we have onely desired , that with the consent of the king , such power may be settled in the two hovses , without which we can have no assurance , but that the like , or greater mischiefs than those which god hath hither to dilivered us from , may break out again , and engage us in a second and more destructive war ; whereby it plainly appears , our intentions are not to change the antient frame of government within this kingdome , but to obtain the end of the primitive institution of all government , the safety and weal of the people ; not judging it wise or safe , after so bitter experience of the bloody consequence of a * pretended power of the militia in the king , to leave any colourable authority in the same , for the future attempts of introducing an arbitrary government over this nation . we do declare , that we will not , nor any by colour of any authority derived from us , shall interrupt the * ordinary course of justice , in the severall courts of judicatories of this kingdome , nor intermeddle in the cases of private interest other where determinable , unlesse it be in case of male-administration of justice ; wherein we shall see and provide , that right be done , and punishment inflicted , as there shall be occasion , according to the laws of the kingdome . lastly , whereas both nations have entred into a solemn ▪ league and covenant ; we have , and ever shall be very carefull duly to observe the same : that as nothing hath been done , so nothing shall be done by us repugnant to the true meaning and intention thereof , &c. who will not depart from those grounds and principles , upon which it was framed and founded . though the generality of the ( afterwards , ) secured and secluded majority of the house of commons , endeavoured constantly to make good this declaration in all particulars ; yet how desperatly the garbled minority thereof , continuing in power after their seclusion , prevaricated , apostatized , and falsified their faith herein in every particle , in the highest degree , we cannot but with greatest grief of heart , and detestation remember , to the subversion , ruine of our king , lords , commons , kingdome , parliaments , fundamentall laws , government , and the peoples liberties , &c. almost beyond all hopes of restitution or reparation in humane probability , without a miracle from heaven . the lord give them grace most seriously to consider repent of , and really , sincerely reform it now at last , and to make it the principle subject of their prescribed publike humiliations , fasts and lamentations , as god himself prescribes ; isa . . , , , . jer. . . to . ezech. . . . hos . . , . and not still to adde drunkennesse to thirst , lest they bring them to temporall and eternal condemnation for it in gods own due time , and engender endlesse wars , troubles , taxes , changes , confusions in our kingdomes , as they have hitherto done and will do till all be restored to their just rights , powers , places , possessions and liberties . by this full jury of parliamentary authorities , to omit many others , of * like , or * inferiour nature , and lesse moment , it is undeniable : that the people of england , have both ancient fundamentall rights , liberties , franchises , laws , and a fundamental government , which like the laws of the medes and persians , neither may nor ought to be altered , or innovated upon any pretence , but perpetually maintained , defended , with greatest care , vigilancy , resolution ; and he who shall deny or oppugn it , deser●●s no refulation by further arguments , since it is a received maxime in all arts , contra principia negantem non est disputandum ; but rather demerits a sentence of condemnation and publike execution at tyburn , as a common enemy , traitor to our laws , liberties , nation ; it being no lesse than a transcendent crime , and high treason by our laws , for any person or persons , secretly or openly , to attempt the undermining or subversion of our fundamental laws , rights , liberties , government , especially by fraud , treachery , force or armed power and violence ( the later part of my first proposal ) which i shall now confirm by these twelve following presidents and evidences , corroborating likewise the former part , that we have such fundamental laws , liberties , rights , franchises , and a fundamental government too . in the * fifth year of king richard the second , the vulgar rabble of people and villains , in kent , essex , sussex , norfolk , cambridge-shire and other counties , under the conduct of wat tyler , jack straw and other rebels , assembling together in great multitudes ( occasioned at first by the new invented tax of poll-money , granted by parliament , and the over-rigorous levying thereof , on the people , by the kings officers ( though nothing so grievous as our excises , contributions , & new imposts now , so long exacted without any legal grant in true , free and full english parliaments ) resolved by force and violence , to abrogate the law of villenage , with all other laws they disliked , formerly setled ; to burn all the records , kill and behead all the judges , justices , and men of law of all sorts , which they could get into their hands ; to burn and destroy the inns of court , ( as they did then the new temple , where the apprentices of the law lodged , burning their monuments and records of law there found ) to alter the tenures of lands , to devise new laws of their own , by which the subjects should be governed : to change the ancient hereditary monarchicall government of the realm , and to erect petty elective tyrannies and kingdomes to themselves in every shire : ( a project eagerly prosecuted by some anarchicall anabaptists , jesuits , levellers , very lately ) and though withall they intended to destroy the king at last , and all the nobles too , when they had gotten sufficient power ; yet at first to cloak their intentions from the people , they took an oath of all they met ; quod regi & communibus fidelitatem servarent ; that they should keep allegiance and faith to the king & commons : yea , wat tyler demanded a commission from the king , to behead all lawyers , escheaters , and others whatsoever that were learned in the laws , or communicated with the law by reason of their office , conceiving in his minde , that this being brought to passe , all things afterwards would be ordered according to his own and the common peoples fancy . and he made his vaunt , putting his hand to his own lips ; that before scure dayes came to an end , all the laws of england should proceed from his mouth . ( which some of late times seem to speak not only in words , but deeds , by their manifold new laws and edicts , repealing or contradicting our old ) this their resolution and attempt thus to alter and subvert the laws and government , upon full debate in the parliament of . r. . n. . . was declared to be high-treason against the king and the law , for which divers of the chief actors in this treasonable designe , were condemned and executed , as traitors , in severall places ; and the rest enforced to a publike submission , & then pardoned . let these imitators now remember this old president . . in the * parliament of . r. . ( as appears by the parliament rols and printed statutes at large ) three privy councellours , the archbishop of york , the duke of ireland , and the earl of suffolk , the bishop of exeter , the kings confessor , five knights , six judges ( whereof sir robert tresylian chief justice was one ) blake , of the kings councel at law , vsk , and others , were impeached and condemned of high treason , some of them executed as traitors , the rest banished , their lands and goods forfeited , and none to endeavour to procure their pardon , under pain of felony ; for their endeavouring to overthrow a commission for the good of the kingdome , contrary to an act of parliament , by force of arms , and opinions in law delivered by these temporizing judges and lawyers , to the king , ( through threats and terrour at nottingham castle ) tending to subvert the laws and statutes of the realm , overthrow the power , priviledges and proceedings of parliament , and betray ( not * all the house of lords , but only ) some of the lords of parliament . which judgement being afterwards reversed in the forced and packed parliament of . r. . was reconfirmed in the parliament of h. . c. , , . and the parliament of . r. . totally repealed , and adnulled for ever , and hath so continued . read statut. at large . . in the * parliament of r. . n. . and pas . r. . b. regis rot. . sir thomas talbot was accused and found guilty of high treason , for conspiring the death of the dukes of glocester , lancaster , and other peers , who maintained the commission confirmed by act of parliament , . r. and assembling people in a warlike manner in the county of chester , for effecting of it , in destruction of the estates of the realm ; and the laws of the kingdome . . in the * . year of king henry the sixth , jack cade , under a pretence to reform , alter and abrogate some laws , purveyances and extortions importable to the commons whereupon he was called john amend all ) drew a great multitude of kentish people to black-heath , in a warlike manner , to effect it : in the parliament of h. . c. this was adjudged high treason in him and his complices , by act of parliament : and the parliament of . h. . c. . made this memorable act against him , and his imitators in succeding ages ; worthy serious perusal and consideration by all , who tread in his footsteps , and over-act him in his treasons . whereas the most abominable tyrant , horrible , odious , and errant false traytor , john cade , calling himself sometimes mortimer , sometime captain of kent , ( which name , fame , acts and feats , be to be removed out of the speech and minde of every faithfull christian man perpetually ) falsly and traiterously purposing and imagining the perpetuall destruction of the kings person and final svbversion of this realm , taking upon him * royall power , and gathering to him the kings people in great number , by false svbtil , imagined langvage : and seditiously made a stirring rebellion , and insurrection , vnder colovr of jvstice , for reformation of the laws of the said king , robbing , slaying , spoiling a great part of his faithfull people : our said soveraign lord the king , considering the premises , with many other , which were more odious to remember , by advice and assent of the lords spiritual and temporal , and at the request of the commons , and by authority aforesaid , hath ordained and established , that the said john cade shall be had , named and declared , a false traytor , to our said soveraign lord the king ; and that all his tyranny , acts , feats , & false opinions , shall be voided , abated , adnulled , destroyed , and put out of remembrance for ever . and that all indictments , and things depending thereof , had and made under the power of tyranny , shall likewise be void , adnulled , abated , repealed , and holden for none : and that the blood of none of them be defiled , nor corrupted , but by the authority of the said parliament clearly declared for ever . and that all indictments in time coming , in like case , under power of tyranny , rebellion and stirring had , shall be of no regard or effect , but void in law : and all the petitions * delivered to the said king in his last parliament holden at westminster , the sixth day of november the . of his reign , against his minde , by him not agreed , shall be taken and put in oblivion , out of remembrance , undone , voided , adnulled and destroyed for ever , as a thing purposed against god and his conscience , and against his royal estate and preheminence , and also dishonorable and unreasonable . . in the * year of king henry the . william bell , and thomas lacy , in the county of kent , conspired with thomas cheney ( the hermite of the queen of fairies ) to over throw the laws and customs of the realm : for effecting whereof , they with more met together , and concluded upon a course of raising greater forces in kent , and the adjacent shires ; this was judged high treason , and some of them executed as traitors . moreover , it * was resolved by all the judges of england , in the reign of henry . . that an insurrection against the statute of laborers , or for the inhansing of salaries and wages , or against any statute , or to remove councellors , or to any other end pretending reformation of their own heads , was treason , and a levying war against the king , becavse it was generally against the kings law , and the offenders took upon them the reformation thereof , which subjects by gathering of power ought not to do . . on * december . in the . year of king henry the . sr. thomas moore , lord chancellour of england , with fourteen more lords of the privy councel , john fitz-james , chief justice of england , and sir anthony fitz-herbert , herbert , one of the judges of the common pleas , exhibited sundry articles of impeachment to king henry the . against cardinal wolsey : that he had by divers and many sundry wayes and fashions , committed high treason , and notable grievous offences , by misusing altering and subverting of his graces laws , and otherwise , contrary to his high honour , prerogative , crown , estate , and dignity royal ; to the inestimable great hinderance , diminution and decay of the universal wealth of this his graces realm . the articles are . in number , the , , , , , : , . contain , his illegal arbitrary practises and proceedings to the subversion of the due course and order of his graces laws , to the undoing of a great number of his loving people . whereupon they pray . please therefore your mostexcellent majesty of your excellent goodnesse towards the weal of this your realm , and subjects of the same , to set such order and direction upon the said lord cardinal , as may be to terrible example of other , to beware to offend your grace , and your laws hereafter : and that he be so provided for , that he never have any power , jurisdiction or authority hereafter , to trouble , vex or impoverish the common-wealth of this your realm , as he hath done heretofore , to the great hurt and dammage of every man almost , high and low . his * poysoning himself prevented his legal judgement for these his practises . . the statute of . and . ed. c. , . enacts , that if any persons , to the number of twelve or more , being assembled together , shall intend , go about , practise or put in use with force and arms , unlawfully of their own authority , to change any laws made for religion , by authority of parliament , or any other laws or statutes of this realm , standing in force , or any of them ; and shall continue together by the space of an houre , being commanded by a justice of peace , mayor , sheriffe , or other officer to return : or shall by ringing of any bell , sounding of any trumpet , drumme , horn , &c. raise such a number of persons , to the intent to put any the things aforesaid in ure , it shall be high treason , and the parties executed as traytors : after this the statute of mariaec . * . enacted , that if twelve or more in manner aforesaid , shall endeavour by force to alter any of the laws or statutes of the kingdome ; the offenders shall from the time therein limited , be ad●udged onely as felons , whereas it was treason before : but this act continuing but till the next parliament , and then expiring , the offence remains treason , as formerly . . in the * . year of queen elizabeth , divers in the county of oxford consulted together to go from house to house in that county , and from thence to london and other parts , to excite them to take arms for the throwing down of inclosures throughout the realm ; nothing more was prosecuted , nor assemblies made ; yet in easter term . elizabeth , it was resolved by all the judges of england ( who met about the case ) that this was high treason , and a levying war against the queen , because it was to throw down all inclosures throughout the kingdom , to which they could pretend no right : and that the end of it was , to over throw the laws and statutes for inclosures . whereupon bradshaw and burton ( two of the principal offenders ) were condemned and executed at ainstow hill in oxfordshire , where they intended their first meeting . . to come nearer to our present times and case : in the last parliament of king charls , anno . * the whole house of commons impeached thomas earl of strafford , lord deputy of ireland , of high treason ; amongst other articles , for this crime especially ( wherein all the other centred ) that he hath treasonably endeavoured by his words , actions and counsels , to subvert the fundamentall laws and government of england and ireland , and introduce an arbitrary and tyrannical government . this the whole parliament declared and adjudged to be high treason , in and by their votes , and a special act of parliament for his attainder ; for which he was condemned , and soon after executed on tower-hill , as a traytor to the king and kingdome , may . . . the whole house of commons the same parliament , impeached * william laud arch-bishop of canterbury , of high treason ; in these very terms , february , . first , that he hath traiterously endeavoured to subvert the fundamental laws and government of this kingdome of england , and instead thereof , to introduce an arbitrary and tyrannical government against law : and he to that end hath wickedly and trayterovsly advised his majesty , that he * might at his own will and pleasure , levy and take mony of his subjects without their consent in parliament ; and this he affirmed was warrantable by the law of god. secondly , he hath for the better accomplishment of that his traiterous designe , advised and procured sermons and other discourses , to be preached , printed and published ; in which the * authority of parliaments , and the force of the laws of this kingdome have been denyed , and absolute and unlimitted power over the persons and estates of his majesties subjects maintained and defended , not onely in the king , but in himself and other bishops , against the law. thirdly , he hath by letters , messages , threats and promises , and by divers other wayes to judges , and other ministers of justice , interrupted , perverted , and at other times by means aforesaid hath endeavoured to interrupt and pervert the course of justice in his majesties courts at westminster and other courts , to the subversion of the laws of this kingdome , whereby sundry of his majesties subjects have been stopt in their just suits , deprived of their lawfull rights , and subjected to his tyrannicall will , to their ruine and destruction . fourthly , that he hath traiterously endeavoured to corrupt the other courts of justice , by advising and procuring his majesty to sell places of judicature and other offices , contrary to the laws and customes in that behalf . fifthly , that he hath traiterously caused a a book of canons to be compiled and published , without any lawfull warrant and authority in that behalf ; in which pretended canons * many matters are contained , contrary to the kings prerogative , to the fundamentall laws and statutes of this realm , to the rights of parliament , to the property and liberty of the subject , and matters tending sedition , and of dangerous consequence , and to the establishing of a vast , unlawfull presumptuous power in himself and his successors , &c. seventhly , that he hath traiterously endeavoured to alter and subvert gods true religion by law established ; and instead thereof to set up popish religion and idolatry : and to that end hath declared , and maintained in speeches and printed books , diverse popish doctrines and opinions , contrary to the articles of religion established by law . he hath urged and enjoyned divers popish and superstitious ceremonies without any warrant of law ; and hath cruelly persecuted those who have opposed the same , by corporal punishment , and imprisonments ; and most unjustly vexed others , who refused to conform thereunto by ecclesiasticall censures , excommunication , suspension , * deprivation , and degradation , contrary to the laws of this kingdome . thirteenth , he did by his own authority and power contrary * to law , procure sundry of his majesties subjects , and enforced the clergy of this kingdome to contribute towards the maintenance of the war against the scots . that to preserve himself from being questioned , for these & other his traiterous courses , he hath laboured to subvert the rights of parliament , and the ancient course of parliamentary proceedings , ( and have not the army officers and others actually done it since upon the same accompt ? ) and by false and malicious slanders to incense his majesty against parliaments . all which being proved against him at his triall , were after solemn argument by mr. samuel brown , in behalf of the commons house , proved ; and soon after adjudged , to be high treason at the common law , by both houses of parliament ; and so declared in the ordinance for his attainder : for which he was condemned and beheaded as a traitor , against the king , law and kingdom , on tower hill , january . . . in the * same parliament , december . jan. . febr. . . and july . . sir john finch , then lord keeper , chief justice bramston , judge berkley , judge crawly , chief baron davenport , baron weston , and baron trevour , were accused and impeached by the house of commons , by several articles transmitted to the lords , of high treason , for that they had traiterously and wickedly endeavoured , to subvert the fundamental laws and established government of the realm of england , and instead thereof to introd●ce an arbitrary and tyrannical government against law ; which they had declared , by traiterous and wicked words , opinions , judgements ; and more especially in this their extrajudiciall opinion , subscribed by them in the case of ship money , viz. we are of opinion , that when the good and safety of the kingdome in generall is concerned , and the whole kingdome in danger ; your majesty may by writ , under the great seal of england ( without consent in parliament ) command all your subjects of this your kingdome , at their charge to provide and furnish such a number of ships , with men , victuall and ammunition , and for such time as your majesty shall think fit for the defence and safeguard of the kingdome , from such danger and perill . and we are of opinion , that in such case , your majesty is the * sole judge both of the danger , and when , and how , the sume is to be prevented , and avoided and likewise for arguing and giving judgment accordingly , in mr. john hampdens case , in the exchequer chamber , in the point of ship money , in april : which said opinions , are destructive to the fundamental laws of the realm , * the subjects right of property , and contrary to former resolutions in parliament , and the petition of right ; as the words of their severall impeachments run . sir john fin●h fled the realm , to preserve his head on his shoulders ; some others of them died through fear , to prevent the danger , soon after their impeachments , and the rest who were lesse peccant , were put to fines . . mr. john pym , in his declaration upon the whole matter of the charge of high treason against thomas earl of strafford , aprill . . before a committee of both houses of parliament in westminster hall ; printed and published by order of the house of commons ; proves his endeavour to subvert the fundamental laws of england , and to introduce an arbitrary power ; to be high treason , and an offence very hainous in the nature , and mischievous in the effects thereof ; which ( saith he ) will best appear , if it be examined by that universall and supream law , salu● populi : the element of all laws , out of which they are derived : the end of all laws , to which they are designed , and in which they are perfected . . it is an offence comprehending all other offences . here you shall finde several treasons , murthers , rapines , oppressions , perjuries . there is in this crime , a seminary of all evils , hurtfull to a state ; and if you consider the reasons of it , it must needs be so . the law , is that which puts a difference betwixt good and evill ; betwixt just and unjust . if you take away the law , all things will fall into confusion ; every man will become a law to himself , which in the depraved condition of humane nature , must needs produce many great enormities ; * lust will become a law ; and envy will become a law ; covetousnesse and ambition will become laws ; and what dictates , what decisions such laws will produce , may easily be discerned in the late government of ireland ( and england too since this . ) the law hath a power to prevent , to restrain , to repair evils : without this all kindes of mischiefs and distempers will break in upon a state. it is the law that intitles the king to the allegiance and service of his people : it intitles the people to the protection and justice of the king , &c. the law is the boundary , the measure betwixt the kings prerogative , and the peoples liberties ; whiles these move in their orbe , they are a support and security to one another ; but if these bounds be so removed , that they enter into contestation and conflict , one of these great mischiefs must needs ensue : if the prerogative of the king overwhelm the liberty of the people , it will be turned into tyranny ; if liberty undermine the prerogative , it will turn into anarchy . the law is the safegard , the custody of all private interests : your honours , your lives , your liberties , and your estates , are all in the keeping of the law : without this , every man hath a like right to any thing : and this is the condition into which the irish were brought by the earl of strafford ; ( and the english by others who condemned him ) and the reason which he gave for it , hath more mischief than the thing it self : they are a conquered nation , ( let those who now say the same of england , as well as scotland and ireland , consider and observe what followes ) there cannot be a word more pregnant and fruitfull in treason , than that word is . there are few nations in the world , that have not been conquered , and no doubt but the conquerour may give * what laws he please to those that are conquered . but if the succeeding parts and agreements do not limit and restrain that right , what people can be secure ? england hath been conquered , and wales hath been conquered , and by this reason will be in little better case than ireland . if the king by the right of a conquerour give lawes to his people , shall not the people by the same reason be restored to the right of the conquered , to recover their liberty if they can ? what can be more hurtful , more pernicious , than such propositions as these ? . it is dangerous to the kings person : and dangerous to his crown : it is apt to cherish ambition , usurpation , and oppression in great men : and to beget sedition , discontent in the people , and both these have been , and in reason must ever be great causes of trouble and alterations to prince and state. if the histories of those eastern countries be perused , where princes order their affairs , according to the * mischievous principles of the earl of strafford , loose and absolved from all rules of government , they will be found to be frequent in combustions , full of massacres , and the tragical end of princes . if any man shall look into our own stories , in the times when the laws were most neglected , he shall finde them full of commotions , of civill distempers , whereby the kings , that then raigned , were alwaies kept in want and disresse , the people consumed with civil wars : and by such wicked counsels as these , some of our princes have been brought to such miserable ends , as * no honest heart can remember without horrour and earnest prayer , that it may never be so again . . as it is dangerous to the kings person and crown , so it is in other respects very prejudiciall to his majesty , in honour , profit and greatnesse ( which he there proves at large , as you may there read at leisure ) and yet these are the guildings and paintings , that are put upon such counsels : these are for your honour , for your service . . it is inconsistent with the peace , the wealth , the prosperity of a nation . it is destructive to justice , the mother of peace : to industry , the spring of wealth ; to valour , which is the active vertue whereby the prosperity of a nation can onely be procured , confirmed , and enlarged . it is not onely apt to take away peace , and so intangle the nation with wars , but doth corrupt peace , and pours such a malignity into it , as produceth the effects of warre : both to the * nobility and others , having as little security of their persons or estates , in this peaceable time , as if the kingdome had been under the fury and rage of warre . and as for industry and valour , who will take pains for that , which when he hath gotten is not his own ? or who fights for that wherein he hath no other interest , but such as is subject to the will of another ? &c. shall it be treason to embase the kings coyne ; though but a piece of twelve pence or six pence , and must it not needs be the effect of greater treason to * embase the spirits of his subjects , and to set a stamp and character of servitude upon them , whereby they shall be disabled to do any thing for the service of the king or common-wealth ? . in times of sudden danger , by the invasion of an enemy , it will disable his majesty to preserve himself , and his subjects from that danger : when war threatens a kingdome , by the coming of a forraign enemy , it is no time then to discontent the people , to make them weary of the present government , and more inclinable to a change . the supplies which are ●o come in this way , will be unready , uncertain ; there can be no assurance of them , no dependance upon them , either for time or proportion . and if some money be gotten in such a way , the distractions , the divisions distemper● , which this course is apt to produce , will be more prejudicial to the publike safety , than the supply can be advantagious to it . . this crime is contrary to the pact and covenant between the king and his people ; by mutuall agreement and stipulation , confirmed by oath on both sides . . it is an offence that is contrary to the ends of government . . to prevent oppressions ; to * limit and restrain the excessive power and violence of great men ; to open passages of justice with indifferency towards all . . to preserve men in their estates , to secure them in their lives and liberties . . that vertue should be cherished , and vice suppressed ; but where laws are subverted , and arbitrary , and unlimited power set up ; a way is open not onely for the security , ( as now of all heresies ) but for the advancement and incouragement of evi●l , such men as are * ●ptest for the execution and maintenance of this power , are onely capable of preferment ; and others , who will not be instruments of any unjust commands , who make conscience to do any thing against the law of the kingdome , and liberties of the subject , are not onely not passable for imployment ; but svbject to mvch jealovsie and danger . ( is not this their condition of late and present times , even in parliament members themselves , as well as others , secured , secluded , kept close prisoners perforce , for making conscience of doing nothing against the laws and liberties of the kingdom , and their oaths and covenants too ? and refusing to comply with usurping innovators in all their self-seeking extravagancies and treasons ? expertus loquor . ) . that all accidents and events , all counsels and designes should be improved for the publique good . but this arbitrary power is apt to dispose all to the maintenance of it self . ( and is it not so now ? ) . the treasons of subversion of the laws , violation of liberties can never be good or justifiable by any circumstance or occasion , being in their own nature , how specious or good soever they be pretended . he alledgeth it was a time of great necessity and danger , when such counsels were necessary , for the preservation of the state ; ( the plea since , and now used by others , who condemned him ; ) if there were any necessity it was of his own making . he by his evill counsell had brought the king ( as others the kingdome since ) into a necessity ; and by no rules of justice can be allowed to gain this advantage to his justification ; which is a great part of his offence . . as this is treason in the nature of it , so it doth exceed all other treasons in this ; that in the designe and endeavour of the authour , it was to be a constant and permanent treason ; a standing perpetual treason ; which would have been in continual act , not determined within one time or age , but transmitted to posterity , even from generation to generation . and are not * others treasons of late times such , proclaimed such , in and by their own printed papers ; and therein exceeding straffords ? . as it is odious in the nature of it , so it is odious in the judgement and estimation of the law. to * alter the setled frame and constitution of government , is treason in any estate . ( let those consider it who are guilty of it in the highest degree , beyond strafford , canterbury , or the ship mony-judges in our own state. ) the laws whereby all parts of a kingdome are preserved , should be very vain and defective , if they had not a power to secure and preserve themselves . the forfeitures inflicted for treason by our law , are of life , honour , and estate , even all that can be forfeited : and this prisoner , although he should * pay all these forfeitures , will still be a debtor to the common-wealth . nothing can be more equal , than that he should perish by the justice of the law , which he would have subverted : neither will this be a new way of blood . there are marks enough to trace this law to the very original of this kingdome . and if it hath not been put in execution , as he alledgeth , this two hundred and fourty years ; it was not for want of law , but that all that time had not bred a man * bold enough to commit such crimes as these : which is a circumstance much aggravating his offence , and making him no lesse liable to punishment : he is the * onely man , that in so long a time hath ventured upon such a treason as this . thus far mr. john pym ; in the name and by the order and authority of the whole commons house in parliament : which i wish all those , who by their words , actions counsels ( and printed publications too ) have traiterously endeavoured to subvert the fundamentall laws , liberties , government , parliaments of england and ireland , and to introduce an arbitrary and tyrannical government against law , as much as ever strafford did , yea , far out stripped him therein ( even since his execution ) in all particulars , for which he was beheaded ; would now seriously lay to heart , and speedily reform , lest they equal or exceed him in conclusion in capital punishments for the same , or endlesse hellish torments . . the next authority i shall produce in point , is , the speech and declaration of master oliver st. john , at a conference of both houses of parliament , concerning shipmoney , upon judge finches impeachment of high treason , january . . printed by the commons order , london , . wherein he thus declares the sense of the commons , p. . &c. that by the judges opinions ( * forecited ) concerning ship-mony , the fundamental laws of the realm concerning our properties and our persons are shaken : whose treasonable offence herein , he thus aggravates , page . &c. the judges , as is declared in the parliament of r. . are the executors of the statutes , and of the judgments and ordinances of parliament . they have made themselves the * executioners of them ; they have indeavoured the destruction of the fundamentals of our laws and liberties . holland in the low countries , lies under the sea : the superfices of the land , is lower than the superficies of the sea. it is capitall therefore for any man to cut the banks , because they defend the country : besides our own , even forraign authours , as comines , observes , that the statute de tallagio , and the other old laws , are the sea wals and banks , which keep the commons from the inundation of the prerogative . these * pioners have not onely undermined these banks , but have levelled them even with the ground . if one that was known to be hostis patriae , had done this , though the dammage be the same , yet the guilt is lesse ; but the conservatores riparum , the overseers intrusted with the defence of these banks , for them to destroy them ; the breach of trust aggravates , nay , alters the nature of the offence : breach of trust , though in a private person , and in the least things , is odious amongst all men : much more in a publike person , in things of great and publike concernment , because * great trust bindes the party trusted to greatest care and fidelity . it is treason in the constable of dover castle to deliver the keys to the known enemies of the kingdome : whereas if the house-keeper of a private person , deliver possession to his adversary , it is a crime scarce punishable by law. the * judges under his majesty , are the persons trusted with the laws , and in them with the lives , liberties and estates of the whole kingdome . this trust of all we have , is primarily from his majesty , and * from him delegated to the judges . his majesty at his coronation , is bound by his oath to execute justice to his people according to the lawes ; thereby to assure the people of the faithfull performance of his great trust : his majesty again , as he trusts the judges with the performance of this part of his oath ; so doth he likewise exact another oath of them , for their due execution of justice to the people , according to the laws : hereby the judges stand intrusted with this part of his majesties oath . if therefore the judges shall doe wittingly against the law , they doe not onely break their own oaths , and therein the common faith and trust of the whole kingdome ; but do as much as in them lies , asperse & blemish the sacred person of his majesty , with the odious and hatefull sin of * perjury . my lords , the hainousnesse of this offence is most legible in the * severe punishment , which former ages have inflicted upon those judges , who have broken any part of their oaths wittingly , though in things not so dangerous to the subject , as in the case in question . * sir thomas wayland , chief justice of the common pleas . e. . was attainted of felony for taking bribes , and his lands and goods forfeited , as appears in the pleas of parliament , e. . and he was banished the kingdome , as unworthy to live in the state , against which he had so much offended . sir * william thorpe chief justice of the kings bench , in edward the thirds time , having of five persons received five severall bribes , which in all amounted to one hundred pounds , was for this alone , adjudged to be hanged , and all his goods and lands forfeited : the reason of the judgment is entered in the roll , in these words . quia praedictus willielmus * thorp qui sacramentum domini regis erga populum suum habuit ad custodiendum , fregit malitiose , falsò & rebelliter , quantum in ipso fuit . there is a notable declaration in that judgement , that this judgement was not to be drawn into example , against any other officers , who should break their oaths , but onely against those , qui praedictum sacramentum fecerunt , & fregerunt , & * habent leges angliae ad custodiendum : that is , onely to the judges oaths , who have the laws intrusted unto them . this judgment was given e. . the next year in parliament e. . numb . . it was debated in parliament , whether this judgement was legall ? et nullo contradicente , it was declared , to be just and according to the law : and the * same judgement may be given in time to come upon the like occasion . this case is in point , that it is death for any jvdge wittingly to break his oath in any part of it . this oath of thorp is entred in the roll , and the same verbatim with the judges oath in edw. . and is the same which the judges now take . ( and let those who have taken the same oath , with the * oathes of supremacy and allegiance too , remember and apply this president , lest others do it for them . ) your lordships will give me leave to observe the differences between that and the case in question . . that of thorp , was onely a selling of the law by retaile , to these five persons ; for he had five severall bribes , of these five persons ; the passage of the law to the rest of the subjects , for ought appears , was free and open . but these opinions are a conveyance of the law by whole sale , and that not to , but from the subject . . in that of thorp , as to those five persons , it was not an absolute deniall of justice , it was not a damming up , but a straitning onely of the chanel . for whereas , the judges ought judicium reddere , that is , the lawes being the birth-right and inheritance of the subject , the judge when the parties in suit demand judgment , should re-dare , freely restore the right unto them ; now he doth not dare , but vendere , with hazard onely of perverting justice ; for the party that buyes the judgment , may have a good and honest cause . but these opinions , besides that , they have cost the subjects very dear , dearer than any ; nay , i think , i may truly say , than all the unjust judgments that ever have been given in this realm , witnesse the many hundred thousand pounds , which under colour of them , have been levied upon the subjects , amounting to * seven hundred thousand pounds and upwards , that have been paid unto the treasurers of the navy ( in sundry years ) besides what the subjects have been forced to pay sheriffs , sheriffs bailiff● ( and now an hundred times more to troopers , and souldiers , who forcibly levy their unlawfull contributions and excises , though adjudged high treason in straffords case , and proved such by master st. john ) and otherwise ; which altogether as is conceived , amounts not to lesse than a million ( in five years space , whereas we pay above two millions in taxes , imposts , excises , every year ) besides the infinite vexations of the subject , by suits in law , binding them over , and attendance at the councel table , taking them from their necessary imployments , in making sesses and collections , and imprisonment of their persons ( all now trebled to what then . ) i say , besides what is past , to make our miseries compleat , they have as much as in them is , made them endlesse ( as others since have done , by uncessant endlesse taxes and excises : ) for by these opinions , they have put upon themselves and their successors , an impossibility of ever doing us right again , and an incapacity upon us of demanding it so long as they continue . ( as the compilers of the late instrument , with strings , intitled , the government of the common wealth of england , &c. article , , , , , , , , , , , , , , , , , . have done , as far as they , and much beyond them . ) in that sore famine in the land of egypt , when the inhabitants were reduced to the next door to death ; ( for there they say , why should we die ? ) for bread , first they give their money , next their flocks and cattle ; last of all , their persons and lands for bread , all became pharoahs ; but by this , lex regia , there is a transaction made , not onely of our persons , but of our bread likewise , wherewith our persons should be sustained ; that was for bread , this of our bread . for since these opinions , if we have any thing at all , we are * not at all beholding to the law for it , but are wholy cast upon the mercy and goodnesse of the king . again , there the egyptians themselves , sold themselves , and all they had to the king : if ours had been so done ; if it had been so done by our own free consent in parliament , we had the lesse cause to complain . but it was done against our wils , and by those who were intrusted , and that vpon oath , with the preservation of these things for us . the laws are our forts and bulwarks of defence : if the captain of a castle , only out of fear and cowardice , and not for any compliance with the enemy , surrender it , this is treason , as was adjudged in parliament , r. . in the two cases of gomines and weston , and in the case of the lord gray , for surrendring barwick castle to the scots , in edward the thirds time , though good defence had been made by him , and that he had lost his eldest son in maintenance of the seige : and yet the losse of a castle loseth not the kingdom , onely the place and adjacent parts , with trouble to the whole . but by these opinions , there is a surrender made of all our legall defence of property : that which hath been preacht , is now judged ; that there is no meum and tuum , * between the king and people ; besides that which concerns our persons . the law is the temple , the sanctuary , whether subjects ought to run for shelter and refvge : hereby it is become templum sine numine , as as was the temple built by the roman emperour , who after he had built it , put no gods into it : we have the letter of the law still , but not the sense : we have the fabrick of the temple still , but the * dii tutelares are gone . but this is not all the case , that is , that the law now ceaseth to aid and defend us in our rights , for then possession alone were a good title , if there were no law to take it away : occupanti concederetur , & melior esset possidentis conditio : but this , though too bad , is not the worst : for besides that which is privative in these opinions , there is somewhat positive . for now the law doth not onely not defend us , but the law , it self , ( by temporizing judges and lawyers ) is made the instrument of taking all away . for whensoever * his majesty or his successors , shall be pleased to say , that the good and safety of the kingdome is concerned , and that the whole kingdome is in danger , the when , and how the same is to be prevented , makes our persons and all we have liable to bare will and pleasure . by this meanes , the sanctuary is turned into a shambles ; the forts are not slighted , that so they might neither do us good or hurt ; but they are held against us by those who ought to have held them for us , and the mouth of our own canon is turned upon our own selves : ( and that by our own military officers , souldiers and others since , as well as the ship money judges then . ) thus far master oliver st. john ( by the commons order ) whose words i thought fit thus to transcribe at large , because not only most pertinent , but seasonable for the present times ; wherein as in a looking glasse , some pretended judges and grandees , of these present and late p●st times , may behold their own faces and deformities ; and the whole nation their sad condition under them . in the residue of that printed speech , he compares the treason of the ship-money judges , and of sir robert tresylium and his complices in the of r. . ( condemned , executed for traitors by judgment in parliament , for endeavouring to subvert the laws and statutes of the realm by their illegall opinions , then delivered to king richard at nottingham castle , not out of conspiracy , but for fear of death , and corporall torments , wherewith they were menaced : ) whose offence he makes transcendent to theirs in * six particulars , as those who please may there read at leasure , being over large to transcribe . i could here inform you , that the fundamentall laws of our nation , are the same in the body politique of the realm , as the arteries , nerves , veines , are in , and to the natural body , the bark to the tree ; the foundation to the house : and therefore the cutting of them a sunder , or their subversion , must of necessity , kill , destroy , disjoyn and ruine the whole realm at once : wherefore it must be treason in the highest degree . but i shall onely subjoyn here some materiall passages , in master st. johns argument at law , concerning the attainder of high treason of thomas earle of strafford , before a committee of both houses of parliament in westminster hall , aprill . . soon after printed and published by order of the commons house : wherein p. . he lays down this position ; recited again , p. . that ( straffords ) endeavouring , to subvert the fundamentall lawes and government of england and ireland , and instead therefore to introduce a tyrannicall government against law , is treason by the common law. that treasons at the common law are not taken away by the statutes of . e. . h. . c. . mar. c. . nor any of them . the authorities , judgements , in and out of parliament , which he cites to prove it , have been already mentioned , some others he omitted ; i shall therefore but transcribe his reasons to evince it to be treason , superadded to those alledged by him against the ship mony judges . page . it is a war against the king ( let our military officers and souldiers consider it ) when intended . for alteration of the laws or government in any part of them . this is a levying war against the king ( and so treason within the statute of . e. . ) . because the king doth maintain and protect the laws in every part of them . . because they are the kings laws : he is the fountain from whence in their severall channels , they are derived to the subject . whence all our indictments run thus : trespasses laid to be done , contra pacem domini regis , &c. against the kings peace for exorbitant offences ; though not intended against the kings person ; against the king , his crown and dignity . page . in this i shall not labour at all to prove , that the endeavouring by words , counsels and actions , to subvert the fundamental laws and government of the kingdome , is treason at the common law. if there be any common law treasons at all left * nothing treason if this is not , to make a kingdome no kingdome . take the policy and government away , englands but a piece of earth , wherein so many men have their commerce and abode , without rank or distinction of men , without property in any thing further than in possession ; no law to punish the murdering or robbing one another . page , , . the horridnesse of the offence in endeavouring to overthrow the laws and present government , hath been fully opened before . the parliament is the representation of the whole kingdome , wherein the king as head , your lordships as the more noble , and the commons , the other members are * knit together in one body politique . this dissolves the arteries and ligaments that hold the body together , the laws . he that takes away the laws , takes not away the allegiance of one subject only , but of the whole kingdome . it was made treason by the statute of eliz. for her time to affirm , that the law of the realm do not binde the descent of the crown . no law , no descent at all , no laws no peerage , no ranks nor degrees of men , the same condition to all . it s treason to kill a judge upon the bench ; this kills not judicem , sed judicium . there be twelve men , but no law ; never a judge amongst them . it s felony to embezell any one of the judiciall records of the kingdome : this at once sweeps them all away and from all. it s teason to counterfeit a twenty shilling peice ; here 's a * counterfeiting of the law : we can call neither the counterfeit nor the true coyn our own . it s treason to counterfeit the great seal for an acre of land : no property is left hereby to any land at all : nothing treason now , against king or kingdome ; no law to pvnish it . my lords , if the question were asked in westminster hall , whether this were a crime punishable in the star chamber , or in the kings bench , by fine or imprisonment ? they would say , it were higher . if whether felony ? they would say , that is an offence onely against the life or goods of some one , or few persons . it would i believe be answered by the jvdges , as it was by the chief justice thirning , in the r. . that though he could not judge the case treason there before him , yet if he were a peer in parliament ; he would so adjudge it . ( and so the peers did here in straffords , and not long after in canterburies case , who both lost their heads on tower-hill . ) i have transcribed these pass●ges of mr. oliver s. john at large for five reasons . . because they were the voice and sence of the whole house of commons by his mouth ; who afterwards owned and ratified them by their special order , for their publication in print , for information and satisfaction of the whole nation , and terrour of all others , who should after that , either secretly or openly , by fraud or force , directly or indirectly , attempt the subversion of all , or any of our fundamental laws or liberties , or the alteration of our fundamental government , or setting up any arbitrary or tyrannical power , taxes , impositions , or new kinds of arbitrary judicatories , and imprisonments against these our laws and liberties . . to minde and inform all such who have not onely equalled , but transcended strafford and canterbury in these their high treasons , even since these publications , speeches , and their exemplary executions , of the hainousnesse , in excusablenesse , wilfulnesse , maliciousnesse , capitalnesse of their crimes ; which not onely the whole parliament in generality , but many of themselves , in particular , so severely prosecuted , condemned , and inexorably punished of late years in them : that so they may sadly consider , bewail , repent , reform them with all speed and diligence , as much as in them lies . and with all , i shall exhort them seriously to consider that gospel terrifying passage , ( if they have not quite sinned away all conscience , shame , christianity , religion and fear of the last judge , and judgement to come ) rom. . , , . therefore thou art inexcusable o man , whosoever thou art that judgest ; for wherein thou judgest another , thou condemnest thy self , for thov that judgest doest thov the same thing . but we are sure that the judgment of god is according to truth , against them who commit such things . and thinkest thou this , o man , that judgest them which do such things ; and doest the same , that thou shalt escape the judgment of god ? . to excite all lawyers ( especially such , who of late times have taken upon them the stile & power of judges ) to examine their consciences , actions , how far , all or any of them have been guilty , in the highest degree of these crimes and treasons , so highly aggravated , so exemplarily punished of former and later times , in corrupt , cowardly time-serving , degenerate lawyers , and judasses , rather than judges ; to the disgrace of their profession , ( now generally spoken against ) their own dishonour , infamy , reproach , the scandall of religion , which some of them have eminently professed : the prejudice and subversion of the fundamentall laws , liberties , rights , priviledges of our nation , peers , parliaments , and of the ancient fundamental government of this famous kingdome , whereof they are members : and that contrary to some of their own late judgments , sciences , consciences , votes , printed arguments , speeches , declarations , against others , even in and out of parliament ? and their own first charges in their circuits , repugnant to their later . . to instruct those jesuited anabaptists , levellers , and their factors , ( especially john canne , and the rest of the compilers , publishers , abetters of the pamphlet intituled , leiutenant colonel john lilburn , tried and east ; and other forementioned publications : ) who professedly set themselves by words , writings , counsels and overt acts to subvert both our old fundamentall ( with all other ) laws , liberties , customs , parliaments , and government , what transcendent malefactors , traitors , and enemies they are to the publique , and what capital punishments they may incurre , as well as d●merit , should they be legally prosecuted for the same ; and thereupon to advise them timely to repent of , and d●sist from such high treasonable attempts . . to clear both my self and this my seasonable defence of our fundamental laws , liberties , government , from the least suspition or shadow of faction , sedition , treason and emnity to the publique peace , weal , settlement of the nation , which those , ( and those onely ) who are most factious , and seditious , and the greatest enemies , traitors to the publique tranquility , weal , laws , liberties , government , and establishment of our kingdome ( as the premises evidence ) will be ready maliciously to asperse both me and it with , as they have done heretofore some other of my writings of this nature , with all which , they must first brand mr. st. john , mr. pym , the whole house of commons , the two last , with all other parliaments forecited , and themselves too ( from which they are so much changed and degenerated of late years ) ere they can accuse , traduce , or censure me ; who do but barely relate , apply their words and judgments in their purest times , without malice or partiality , for the whole kingdomes benefit ; security , and resettlement . to these punctual full juries of records and parliament authorities in point , i could accumulate sr. edward cook his . institutes , p. . printed and authorised by the house of commons speciall order , the last parliament . the severall speeches of m. hide , m. waller , m. pierpoint , and m. hollis , july . . at the lords bar in parliament , by order of the commons house , at the impeachment of the shipmony judges of high treason , printed in diurnal occurrences , and speeches in parliament , london , . p. , to . m. samuel browns argument at law before the lords and commons at canterburies attainder , all manifesting , their endeavouring to subvert the fundamentall laws and government of the realm , to be high treason ; with sundry other printed authorities to prove ; that we have , * fundamental laws , liberties , rights ; and a fundamental government likewise ; which ought not to be innovated , violated , or subverted upon any pretences whatsoever , by any power or prevailing faction . which fundamental rights , liberties , laws , sr. thomas fairfax , and the army under his command , by their declaration of june . . particularly promise and engage , to assert & vindicate against all arbitray power , violence , oppression , and against all particular parties or interests whatsoever , which they may doe well to remember and make good . but to avoid prolixity ( the double jury of irrefragable and punctuall authorities already produced being sufficient to satisfie the most obstinate opposites formerly contradicting it ) i shall onely adde three swaying authorities more , wherewith i shall conclude this point . the first , is a very late one , in a treatise , intituled , a * true state of the common wealth of england , scotland , and ireland , and the dominions thereunto belonging , in reference to the late established government by a lord protector and a parliament . it being the judgement of diverse persons , who throughout these late troubles , have approved themselves * faithfull to the cause and interest of god , and their country : presented to the publike , for the satisfaction of others . printed at london , . who relating the miscarriages of the last assembly at westminster ( elected , nominated by the censurers of them , the army officers onely , not the people ) use these expressions of them , page , , , , , . but on the contrary , it so fell out in a short time , that there appeared many in this assembly of very contrary principles to the interest aforesaid , which led them violently on to attempt and promote many things , the consequence whereof would have been , a subverting of the fundamentall laws of the land , the destruction of property , and an utter extinguishment of the gospel . in truth their principles led them to a pulling down all and establising nothing . so that instead of the expected settlement , they were running into further anarchy and confusion . as to the laws and civil rights of the nation , nothing would serve them , but a totall eradication of the old , and introduction of a new : and so the good old laws of england ( the guardians of our laws and fortunes ) established with prudence , and confirmed by the experience of many ages and generations : ( the preservation whereof , was a * principall ground of our late quarrell with the king ) having been once abolished , what could we have expected afterwards , but an inthroning of arbitrary power in the seat of judicature , and an exposing of our lives , our estates , our liberties , and all that is dear unto us , as a sacrifice to the boundlesse appetite of meer will and power , &c. things being at this passe , and the house ( through these proceedings ) * perfectly disjointed , it was in vain to look for a settlement of this nation from them , thus constituted : but on the contrary , nothing else could be expected ; but that the common-wealth should sink under their hands , and the great cause hitherto so happily upheld and maintained , to be for ever lost , through their preposterous management of these affairs , wherewith they had been intrusted . whereupon they justifie their dissolution , and turning them forcibly out of doores by the souldiers , with shame and infamy ; to prevent that destruction , which thereby was coming on the whole land , by this new powder treason plot , set on foot by the jesuites and anabaptists , to destroy our laws , liberties , properties , ministers , and religion it self , at one blow , and that in the very parliament house , ( where some destroyed and blowed up kings , peers and parliaments themselves , as well as lawes and parliament priviledges of late years ) where they had been constantly defended , vindicated , preserved , established in all former ages , by all trve english parliaments . the second is , * the votes of the house of commons , concerning a paper presented to them , entituled , an agreement of the people for a firm & present peace , upon grounds of common right , . november , viz. resolved upon the question , that the matters contained in these papers , are destructive to the being of parliaments , and to the fundamental government of this kingdom . resolved ; &c. that a letter be sent to the general , and those papers inclosed , together with the vote of this house upon them ; and that he be desired to examine the proceedings of this business in the army ( where it was first coyned ) and return an accompt hereof to this house . these votes were seconded soon after with these ensuing votes , entred in the commons journal , and printed by their special order , novemb. . a petition directed to the supream authority of england , the commons in parliament assembled , the humble petition of many free-born people of england , &c. was read the first and second time . resolved upon the question , that this petition is , a seditious and contemptuous avowing , and prosecution of a former petition , and paper annexed , stiled , an agreement of the people , formerly adjudged by this house , to be destructive to the being of parliaments , and fundamental government of the kingdom . resolved , &c. that thomas prince cheese-monger , and samuel chidley , bee forthwith committed prisoners to the prison of the gate-house , there to remain prisoners during the pleasure of this house , for a seditious avowing , and prosecution of a former petition and paper annexed , stiled , an agreement of the people ; formerly adjudged by this house , to be destructive to the being of parliaments , and fundamental government of the kingdom . resolved , &c. that jeremy ives , thomas taylor , and william larnar , bee forth-with committed to the prison of newgate , there to remain prisoners during the pleasure of this house , for a seditious and contemptuous avowing , and prosecution of a former petition and paper annexed , stiled , an agreement of the people ; formerly adjudged by this house , to be destructive to the being of parliaments , and fundamental government of the kingdom . resolved , &c. that a letter be prepared and sent to the general ; taking notice of his proceeding in the execution ( according to the rules of warre ) of a mutinous person ( avowing , and prosecuting this agreement in the army contrary to these votes ) at the rendezvous near ware , and to give him thanks for it ; and to desire him to prosecute that business to the bottome , and to bring such guilty persons as he shall think fit , to condign and exemplary punishment . resolved , &c. that the votes upon the petition and agreement annexed , and likewise the votes upon this petition , be forth-with printed and published . after which , by a special ordinance of both houses of parliament , decemb. . no person whatsoever , who had contrived , plotted , prosecuted , or entred into that engagement , intituled , the agreement of the people , declared to bee destructive to the being of parliaments , and fundamental government of the kingdom ; for one whole year was to be elected , chosen , or put into the office , or place of lord mayor , or alderman , sheriff , deputy of a ward , or common counselman of the city of london , or to have a voyce in the election of any such officers . all these particulars , with the capital proceedings against white , and others who fomented this agreement in the army , abundantly evidence the verity of my foresaid proposition , and the extraordinary guilt of those members and souldiers , who contrary to their own votes , ordinances , proceedings , and censures of others , have since prosecuted this , the like , or far worse agreement , to the destruction of our ancient parliaments , and their priviledges , and of the fundamental government , laws , and liberty of our nation : which i wish they would now sadly lay to heart , with that saying of augustine , approved by all sorts of divines , and a casuists ; non remittitur peccatum , nisi restituatur ablatu●● , & sciendum est , quod restitutio est in pristinum statum positio . the third , is the memorable statutes of jacobi , c. , , . & . which relating the old gunpowder treason of the jesuits and papists , and their infernal , inhuman , barbarous , detestable plot , to blow up the king , queen , prince , lords , commons , and the whole house of peers with gunpowder , when they should have been assembled in parliament , in the upper house of parliament , upon the fifth of november , in the year of our lord , . do aggravate the hainousness and transcendency thereof , by this circumstance , that it was ( as some of the principal conspirators confessed ) purposely devised and concluded to be done in the said house , that where sundry necessary and religious laws , for preservation of the church and state , were made , ( which they falsly and slanderously termed , cruel laws enacted against them , and their religion ) both place and persons should be all destroyed and blown up at once ; and by these dangerous consequences , if it had not been miraculously prevented , but taken effect ; that it would have turned to the utter ruine , overthrow , and subversion of the whole state and common-wealth of this flourishing and renowned kingdom , of gods true religion therein established by law , and of our laws and government . for which horrid treason , they were all attainted , * and then executed as traytors , and some of their heads , quarters , set upon the parliament house for terrour of others . even so let all other traytors , conspirators against , all blowers up , and subverters of our fundamental laws , liberties , government , kings , parliaments , and religion , treading presumptuously in their jesuitical footsteps , perish , o lord , * but let all them who cordially love , and strenuously maintain them against all conspirators , traytors , underminers , invaders whatsoever , be as the sun when hee goeth forth in his might ; that the land may have rest , peace , settlement again , for as many years at least , as it had before our late innovations , warres , confusions , by their restitution and re-establishment . chap. . having thus sufficiently proved , that the kingdom , and freemen of england , have some antient hereditary rights , liberties , franchises , privileges , customs , properly called fundamental , as likewise a fundamental government , no ways to bee altered , undermined , subverted , directly or indirectly , under the guilt and pain of high treason in those who attempt it , especially by fraud , force , or armed power . i shall in the second place present you in brief propositions , a summary of the chiefest and most considerable of them , which our prudent ancestors in former ages , and our latest real parliaments , have both declared to be , and eagerly contested for , as fundamental , and essential to their very being , and well being , as a free people , kingdom , republick , unwilling to be enslaved under any yorkes of tyranny , or arbitrary power : that so the whole nation may the more perspicuously know and discern them , the more strenuously contend for them , the more vigilantly watch against their violations , underminings in any kinde , by any powers or pretences whatsoever , and transmit , perpetuate them intirely to their posterities , as their best and chiefest inheritance . i shall comprise the sum and substance of them all in these ten propositions , beginning with the subjects property , which hath been most frequently , universally invaded , assaulted , undermined by our kings , and their evil instruments heretofore , and others since , and thereupon more strenuously , frequently , vigilantly maintained , fenced , regained , retained by our nobles , parliaments , and the people in all ages ( till of late years ) than any or all of the rest put together , though every of them hath been constantly defended , maintained , when impugned , or incroached upon , by our ancestors , and our selves . that * no tax , tallage , aid , subsidy , custom , contribution , loan , imposition , excise , or other assesment whatsoever , for defence of the realm by land or sea , or any other publick , ordinary , or extraordinary occasion , may or ought bee imposed , or leavied upon all or any of the freemen of england , by reason of any pretended or real danger , necessity , or other pretext , by the kings of england , or any other powers , but only with and by their common consent and grant , in a free and lawful english parliament duly summoned and elected ; except only such antient , legal ayds , as they are specially obliged to render by their tenures , charters , contracts , and the common law of england . that * no free-man of england ought to bee arrested , confined , imprisoned , or in any private castles , or remote unusual prisons , under souldiers , or other guardians , but only in usual or common gaols , under sworn responsible goalers , in the county where he lives , or is apprehended , and where his friends may freely visit and releeve him with necessaries ; and that only for some just and legal cause expressed in the writ , warrant , or process , by which he is arrested or imprisoned ; which ought to be legally executed , by known , legal , responsible sworn officers of justice , not unknown military officers , troopers , or other illegal catchpolls ; that no such free-man ought to bee denied bail , mainprise , or the benefit of an habe as corpus , or any other legal writ for his enlargement , when bailable or mainprizable by law ; nor to be detained prisoner for any real or pretended crime , not bailable by law longer than until the * next general or special gaol-delivery , held in the county where he is imprisoned ; when and where he ought to be legally tried and proceeded against , or else enlarged by the justices , without denial or delay of right and justice . and that no such free-man may , or ought to be out-lawed , exiled , condemned to any kinde of corporal punishment , loss of life or member , or otherwise destroyed or passed upon , but only by due and lawful process , indictment , and the lawful trial , verdict , and judgement of his peers , according to the good old law of the land , in some usual court of publick justice ; not by and in new illegal military , or other arbitrary judicatories , committees , or courts of high justice , unknown to our ancestors . that the ordinary * standing militia , force , and arms of the kingdom , ought to reside in the nobility , gentry , freeholders , and trained bands of the kingdom , not in mercenary officers and souldiers , receiving pay , and contributions from the people ; more apt to oppress , inslave , betray , than protect their laws , liberties , and to protract than end their warres and taxes . that no free-men of england , unless it bee by special grant and act of parliament , may or ought to be compelled , enforced , pressed , or arrayed to go forth of his own county ( much less out of the realm into forreign parts ) against his will , in times of warre or peace ; or except he be specially obliged thereto by antient tenures and charters , save only upon the sudden coming of strange enemies into the realm ; and then he is to array himself only in such sort , as he is bonnd to do by the ancient laws and customs of the kingdom still in force . that no a free-man of england may , or ought to be disinherited , disseised , dispossessed , or deprived of any inheritance , free-hold , office , liberty , custom , franchise , chattles , goods , whatsoever , without his own gift , grant , or free consent , unless it be by lawful processe , trial , and judgement of his peers , or special grant by act of parliament ; nor to be denied or delayed common right or justice in any case . that the old received government , laws , statutes , customs , priviledges , courts of justice , legal processe of the kingdom , and crown , ought not to be altered , repealed , suppressed in any sort ; nor any new form of government , law , statute , ordinance , court of judicatury , writ● , or legal proceedings , instituted , or imposed on all , or any of the free-men of england , by any person or persons , but only in and by the b kingdoms , peoples free and full precedent consent in a lawful parliament , wherein the legislative power solely resides . that parliaments ought to be duly summoned , and held , for the good and safety of the kingdom , every year , or every three years at least , or so soon as there is just occasion . that the election of all knights , citizens , and burgesses , to sit and serve in parliament ( and so of all other elective officers ) ought to be free . that c all members of parliament hereditary or elective , ought to be present , and there freely to speak and vote according to their judgements and consciences , without any over-awing guards to terrifie them ; and none to be forced , sequestered , or secluded thence by force or fraud . that all parliaments not thus duly and freely summoned , elected , freely held , but unduly packed , without due elections , or by forcible secluding , securing any of the members , or not summoning all of them to the parliament , and all acts of parliament fraudulently , or forcibly procured by indirect means d , ought to be nulled , repealed , reputed voyd , and of dangerous president . that neither the * kings , nor any subjects of the kingdom of england , may or ought to be summoned before any forreign powers or jurisdictions whatsoever out of the realm , or within the same , for any manner of right , inheritance , thing belonging to them , or offence done by them within the realm , nor tried , nor judged by them . that all subjects of the realm are e obliged by allegiance , oaths , and duty to defend their lawful kings persons , crowns , the laws , rights , and priviledges of the realm , and of parliament , against all usurpers , traytors , violence , and conspiracies . and that no subject of this realm , who according to his duty , and allegiance , shall serve his king in his warres , for the just defence of him and the land , against forreign enemies or rebels , shall lose or forfeit any thing for doing his true duty , service , and allegiance to him therein ; but utterly be discharged of all vexation , trouble , or losse . that no publick warre by land or sea ought to be made or leavied , with , or against any forreign nation : nor any publick truce or league entred into with forreign realms or states , to binde the nation , without their common advice and consent in parliament . that the kings of england , or others , cannot grant away , alien , or subject the crown , kingdom , or antient crown lands of england to any other , without their nobles and kingdoms full and free consent in parliament . that the antient honours , manors , lands , rents , revenues , inheritances , rights , and perquisits of the crown of england , originally setled thereon for the ●ase and exemption of the people from all kind of taxes , payments whatsoever ( unlesse in case of extraordinary necessity ) and for defraying all the constant , ordinary expences of the kingdome ( as the expences of the kings houshold , court , officers , judges , ambassadors , guard , garrisons , navy and the like ) ought not to be sold , alienated , given away or granted from it , to the prejudice of the crown , and burdenning of the people . and that all sales , alienations , gifts , or grants thereof , to the empairing of the publique revenue , or prejudice of the crown and people , are void in law , and ought to be resumed , and repealed by our parliaments and kings , as they have * freqeuntly been in all former ages . for the readers fuller satisfaction in each of these propositions ( some of which i must in the ensuing chapter but briefly touch for brevity sake , having elsewhere fully debated them in print , ) i shall especially recommend unto him the perusall of such tractates , and arguments formerly published , wherein each of them hath been fully discussed , which hee may peruse at his best leasure . the first of these fundamentalls , ( which i intend principally to insist on ) is fully asserted , debated , confirmed by . h. . f. . by fortescue lord chief justice , and chancellor of england , de laudibus legum angliae , dedicated by him to king henry the . f. . c. . by a learned and necessary argument against impositions in the parliament of . jacobi : by a late reverend judge , printed at london . by mr. william hakewell , in his liberty of the subject against impositions , maintained in an argument in the parliament of jacobi , printed at london . by judge crooks and judge huttons . arguments concerning ship-mony , both printed at london . by the case of ship-mony briefly discussed . london . by m. st. johns argument and speech against ship-mony , printed at london . by sir edward cook in his institutes p. . and . to . and to . by the first and second remonstrance of the lords & commons in parliament . against the commission of array . exact collection p. . to . and . to . and by my own humble remonstrance against ship-mony , london . the fourth part of the sovereign power of parliaments and kingdomes , p. . to . my legall vindication of the liberties of england , against illegall taxes &c. london . and by the records and statutes cited in the ensuing chapter , referring for the most part to the first proposition . the second , third , and fourth of them , are largely debated and confirmed by a conference desired by the lords , and had by a committee of both houses , concerning the rights and priviledges of the subject , aprilis caroli , printed at london . by sir edward cook in his institutes on magna charta , c. . p. . to . by the first & second remonstrance of the lords and commons against the commission of array , exact collection p. . and . to . by judge crooks , and judge huttons arguments against ship-mony . by sir robert cotton his posthuma p. . to . by my breviate of the prelates encroachments on the kings prerogative , and the subjects liberties , p. . my new discovery of the prelates tyranny , p. . to . and some of the ensuing statutes , and records , ch . . see h. . rot parl. n. , , , , , , ▪ . the fift and sixt of them , are fully cleared , vindicated in and by the prologues of all our councills , statutes , laws , before and since the conquest . by . h. . rot. parl. n. , , . ( an excellent full president . ) sir edward cooks institutes , ch . . mr. cromptons iurisdiction of courts , title high court of parliament . mr. st. johns speech against the ship-mony judges , p. , . my plea for the lords ; my levellers levelled ; my ardua regni ; my epistle before my speech in parliament ; my memento , my sovereign power of parliaments and kingdomes , part . , , , . my legal vindication against illegal taxes , and pretended acts of parliament , london . prynnethe member , reconciled to prynne the bar●ester , printed the same year . my historical collection of the ancient great councils and parliaments of england , london . my truth triumphing over falshood , antiquity over novel●y , london . e. . c. , e. . c. . e. . c. . h. . c. , . r. . stat. . c. . rastal tit . parliament . h. . rot. parl. n. . . . . h. . c. . h. . c. . rot. parl. n. . e. . c. . expresse in point , and some of the records hereafter transcribed . in this i shall be more sparing , because so fully confirmed in these and other treatises . the seventh , is ratified by sir edward cooks . institutes p. ▪ . institutes p. . and . report cawdries case , of the kings ecclesiasticall laws , rastals abridgement of statutes , tit , provisors , praemunire , rome , and other records and statutes in the ensuing chapter . the eight , is verified by the statutes quoted in the margin to it , and by other records in the third chapter . the ninth and tenth , are fully debated in my soveraign power of parliaments and kingdomes , par . . p. . to . part . . p. . to . and . to . touched in sir robert cottons posthuma , p. . . confirmed by sundry presidents in the next chapter . & by h. . rot. parl. n . how all and every of these fundamentall liberties , rights , franchises , laws , have been unparalledly violated , subverted , in all and every particular , of late years , beyond all presidents in the worst of former ages , even by their greatest pretended propugners , their own printed edicts , instruments , ordinances , papers , together with their illegall oppressions , taxes , excises , imposts , sequestrations , rapines , violences , unjust proceedings of all kinds , will sufficiently evidence , if compared with the premised propositions . not to insist on any fore-past illegall imposts , taxes , excises , under which the nation lately groaned , imposed on us by unparliamentary junctoes , or the army officers alone from anno to . without any real parliament by their own armed iurisdiction . i shall here instance onyl in . or particulars , relating wholly to the first proposition , being of most generall , greatest present and future concernment of all other to the whole english nation , at this very instant most intollerably oppressed , grieved by them ; directly sweeping away all their fundamentall right of property , and consequentially all their liberty of person , laws , charters , at once , and that in perpetuity , beyond all hopes of future redemption , if not timely prevented by the vniversality , body of the realm , or their trustees . the first of them is , the present imposition , and continuance of the strange , oppressive , monstrous , general high tax of excise , imposed on most native and forreign commodities throughout england , and its dominions ; which as it was a meer stranger to all our ancestors , and those now living , till within these few years ; so it was no sooner projected by some evil malignant jesuited counsellers about the late king , but it was a presently condemned , and crushed in the very shell , when first intended to be set on foot in england by king charls , ( with the advise and consent of his privie council at white-hall ) by a commission under the great seal of england , dated the last of february , caroli , issued to thirty three lords of his majesties privie council and others : which authorized , commanded them to raise monies by impositions or otherwise , as they in their wisdoms should finde most convenient ; and that only for these publike uses , the defence of the king , kingdom , people , and of the kings friends and allies beyond the seas , then in such imminent danger , that without extreamest hazard of the king , kingdom , people , kings friends and allies , it could admit of no longer delay . in which inevitable necessity , form and circumstance must rather be dispenced with than the substance lost . the commissioners being thereupon specially injoyned , to be diligent in the service , and not fail therein , as they tender his majesties honour , and the safety of the king and people . this commission was no sooner discovered , but it was presently complained of by the whole commons house , in the parliament , of caroli , and upon conference with the lords it was immediately voted , adjudged by both houses , without one dissenting voyce , to bee ( ex diamethro ) against law , and contrary to the petition of right ; after which , it was cancelled as such in the kings own presence , by his consent , order , and then sent cancelled to both houses , for their satisfaction , before ever it was put in execution , and all warrants for , and memorials of it cancelled , damned , destroyed ; the commons further urging , that the projector thereof might be found out by strict inquiry , and exemplarily pvnished ( as the parliament journal attests ) notwithstanding all the specious pretences , of inevitable necessity , imminent danger , and the defence , safety of the whole kingdom , people , king , and his forreign protestant friends and allies ( then in greater real danger , than any now appearing ) this original parliamentary doom , judgement against that new monster of excise , was ratified , approved , pressed by both houses of parliament , in the cases of ship-money , and the commission of array , as you may read at large in mr. oliver st. johns speech and declaration , delivered at a conference of both houses concerning ship-money , january , . ( printed by the commons order ) p. . to . and , the lords and commons second declaration against the commission of array . exact collection , p. , . from which they then drew this positive conclusion ( fit to be now considered by our new governours , and the whole nation ) * that to defend the kingdom in time of imminent danger , is no sufficient cavse ( for the king and his council , much less then for those who condemned , suppressed them for tyrants , and oppressors of the people ) to lay any tax or charge upon the subjects without their consent in parliament . yea the whole house of commons was so zealous against this dutch devil of excise , that in their remonstrance of the state of the kingdom , decemb , . exact collection , p. , . they expresly brand , censure , the first attempts to introduce it , for a malignant and perni●ious design , to subvert the fundamental laws and principles of government , upon which the justice of this kingdom was formerly established ; as proceeding from jesuited covnsels , being most active and prevailing ; yea , for an unjust and perniciovs attempt , to extort great payments from the subjects . which was to be accompanied ( as now it is ) with billited souldiers in all parts of the kingdom , and the concomitant of german ( as now of english ) horse , that the * land might either subject with fear , or be enforced with rigovr to such arbitrary contributions as shovld be reqvired of them . and when some rumours were first spread abroad , that the commons hovse intended to lay excise upon pew●er and other commodities ; they were so sensible of the injustice and odiousness thereof , that they thereupon published a special declaration , printed octob. . exact collection , p. . wherein they not only disclaim , renounce any such intention , but branded those reports and rumours , for false and scandalovs aspersions , raised and cast upon the house by malignant and ill-affected persons , tending much to the disservice of the parliament : and ordered , that the avthors of them should be inquired aftèr , apprehended , and brought to the house to receive condigne punishment . after which this excise being notwithstanding this disclaimer , and much publick , private opposition against it , set on foot by some swaying members ( upon a pretence of necessity for support of the army ) to the great oppression , and discontent of the people ; the generall and general council of officers and souldiers of the army themselves , were so sensible of this illegal oft-condemned new grievance , that in the heads of their proposals , and particulars of their desires , in order to the clearing and securing of the rights and liberties of the kingdom , tendred to the commissioners of parliament residing with the army , the first of august , . ( printed in their book of declarations , p. , & . published by their own , and the lords house special order ) they ●ade this one principall desire to the parliament ; that the excise may be taken off from such commodities , whereof the poor of the land do ordinarily * live , and a certain time to be limited for taking off the whole . yet notwithstanding all these judgements and out-cryes against it ; some of those very persons who thus publickly branded it , both in the parliament house and army ; by irregular paper ordinances ( as they intitle them ) dated december , . march . . and may . . have by their own self-derived supertranscendent authority , without , yea against the peoples consents , or any authority from parliament , imposed , continued excise upon our own inland , and forreign commodities , in very high proportions , from the twenty fourth of march . till the twenty fourth of march . and ( which is most observable ) prescribed it to bee levied , by putting the parties to an ( ex officio ) oath against themselves ; by fines , forfeitures , seqvestrations , and sales of the refusers , opposers , personal and real estates , disstresses , breaking up of the parties hovses , seisvres of their goods , imprisonment of the persons of all such who shall hinder or oppose the ministers , or officers imployed in levying , or distraining for the same , by locking up the doors , or otherwise . and by these their unparalleld edicts they further order , that the officers of excise , both day and night , shall be permitted free entrance into all roomes and places whatsoever they shall demand , in brewers , sope-boylers , and others houses , under pain of forfeiture of fifty pounds for every refusal ( by colour whereof all mens houses may be robbed , plundered , and their throats cut by theeves and robbers , pretending themselves excise-men , souldiers , authorised to make such searches , as many of late have been . ) and they with all their assistants shall bee kept indenspnified in all causes relating to the excise , from time to time , against all sutes or actions brought , or other molestations , against them by the parties grieved ; who are * usually fined , imprisoned , enforced to pay costs of sute , only for suing for relief ) yea ( which i cannot think of without horrour and amazement ) all covrts of justice of this common-wealth , and all judges and justices of the same , sherifs , covnsellors , atturnies , solicitors , and all other persons , are thereby expresly required , to conform themselves accordingly , ( in all things ) withovt any opposition or dispvte whatsoever ; as the precise words of their ordinance of march , . proclaim to all the nation . which declares further , that it is necessary to provide a continval svpply for the carrying on the weighty affairs of this common-wealth ovt of this revenve of excise . and do not these clauses , ( compared with the . & . articles of their instrument , ) clearly discover , a fixed resolution in these new legislators , to continue , and perpetuate upon the whole nation , this importable grievance of excise , from year to year , without intermission or end , to be leavied by the means aforesaid ? to hinder all and every the freemen of england , from endeavouring to free or exempt themselves , or their posterities from it hereafter , by any sute , action , habeas corpus , or other legal remedy in any court of justice whatsoever ? yea peremptorily , positively to prohibit , enjoyn all courts of justice , judges , justices , sheriffs , counsellours , atturnies , solicitors , with all other persons of this common-wealth , both for the present and future ages , to give them the least legal assistance , advice , or relief against the same , or against any officers , or assistants which shall forcibly l●a●ie it by distress , fines , imprisonnents , confiscation of goods , sequestrations , sales of their personal or real estates , or otherwise ? i appeal then ( in the behalf of all the freeborn people of england ) the souls and consciences of these new ordinance-makers , with all the executioners of them in any kinde , before all the tribunals of heaven and earth , whether they have not by these their dismal ordinances , more desperately , irrecoverably , totally , finally ( as much as in them lies ) undermined , subverted ; and quite blown up at once , all the foundations of our hereditary fundamentall properties , liberties , laws for eternity , and levelled them to the dust , then the worst of all our kings or former councill-tables ever did ? deprived the whole nation , and every particular free-man in it , of all future benefit of our laws , statutes and courts of justice , for their just relief against this intolerable oppression ; and thereby reduced us to the condition of the most slavish , captivated , fettered bond-slaves and conquered vassals under heaven , without any visible means or hopes of future enfranchisement , under a pretext of fighting for , maintaining , protecting , enlargeing our former properties and freedomes & to a more miserable , sordid , servile condition , than either we or our ancestors sustained under the worst of al our kings and their most pernicious counsellors ; who never in any age attempted , tither to make or impose such extravagant enslaving ordinances or excises , with such strange penalties , forfeitures , imprisonments , sequestrations , sales , & most unrighteous monstrous inhibitions of all legal suites , & means for cheirrelief in courts of justice , as they have done : king charles himself ( though condemned , beheaded by them for the worst of tyrants and oppressors ) permitting his subjects free liberty , to dispute the legality of fines for knight-hood , ship mony , tonnage , poundage , loanes , excise and other impositions not — only in his parliaments , ( where they were fully debated without restraint , and laws passed against them afterwards by his own royall assent thereto ) but likewise in all his other courts , where they were first brought in question . yet now in our n●w free state , under these greatest pretended patrons of our laws and liberties , all courts , judges , justices , and other officers must conform to these illegall impositions , and their tyrannicall waies of inforcement , without any opposition or dispute whatsoever ; and all counsellors , attornies , solicitors and others , must neither argue , nor advise , nor act . in any kinde against them . and is this the glorious old antient english liberty , freedome , property , law , and free course of justice , wee have spent so many millions of treasure , so many years of publique consultations , warres , prayers , fasts , tears , and such oceans of precious christian protestant english blood , inviolably to maintain and perpetuate to posterity ? if any free-born english men whatsoever dare publikely averre it , let them do it at the perill of their infamy , execration in all future ages , yea of their own heads and souls . if they cannot but now absolutely disavow it , let them with shame and indignation disclaim , renounce such illegall ordinances , excises , as most detestable both to god and all true-born english free men . the is , the present continuing impositions of customes tonnage and poundage upon goods , merchandizes imported and exported , without any grant thereof by parliament , by a new printed paper , entituled , an ordinance of march , . thus peremptorily imposing them without any prologue or inducement to satisfy the people either in equity or justice , much lesse in their legality in respect of those who thus impose them for sundry years yet to come . be it ordained by his highness , the lord protector , with the advise and consent of the councell , that one act of parliament ( though no * act at all by any known laws , statutes , law-books , records , customes or constitutions of the realm , bu● a meer nullity ) entituled , an act for the continuation of the customes , until the of march , , and all clauses and powers therein contained are , and are hereby continued , and shall and do stand in full force untill the day of march in the year of our lord . &c. by which these new legislators , by their own inherent superlative power , presume to impose this tax upon the whole nation , ( without any grant in parliament ) for full years space , not only contrary to the * presidents in all former kings raigns , who never claimed nor received it , but by speciall grant in parliament ; but likewise contrary to this memorable remonstrance , made by the whole house of commons in the parliament of caroli , ( never yet printed to my knowledge . ) most gracious soveraign , your majesties most loyall and dutifull subjects , ( the commons in this present parliament assembled , ) being in nothing more carefull than of the honour and prosperity , of your majesty and the kingdome , ) which they know doth much depend upon that union and relation betwixt your majesty and your people ) do with much sorrow apprehend , that by reason of the incertainty of their continuance together , the unexpected interruptions which have been cast upon them , and the shortness of time in which your majesty hath determined to end this session ; they cannot bring to maturity and perfection divers businesses of weight , which they have taken into their consideration and resolution , as most important for the common good . amongst other things , they have taken into especiall care the preparing of a bill for the granting to your majesty such a subsidy of tonnage and poundage , as might uphold your profit and revenue , in as ample manner as their just care and respect of trade ( wherein not only the prosperity , but even the life of the kingdom doth consist ) would permit . but being a work which will require much time and preparation , by conference with your majesties officers , and with the merchants , not only of london , but of other remote parts ; they finde it not possible to bee accomplished at this time ; wherefore considering it will be much more prejudicial to the right of the subject , if your majesty should continue to receive the same without authority of law , after the determination of a session , then if there had been a recess by adjournment only ( in which case that intended grant would have related to the first day of the parliament ) and assuring themselves , that your majesty is resolved to observe that your royal answer , which you have made to the petition of right of both houses of parliament ; yet doubting lest your majesty may be mis-informed concerning this particular case , as if you might continue to take those subsidies of tonnage and poundage , and other impositions of merchants without breaking that answer ; they are forced , by that duty which they owe to your majesty , and to those whom they represent , to declare , that there ovght not any imposition to be laid vpon the goods of merchants exported or imported withovt common consent by act of parliament , which is the right and inheritance of yovr svbjects , fovnded not only vpon the most antient and original constitvtion of this kingdom , but often confirmed and declared in divers sta●vte laws ? and for the better manifestation thereof , may it please your majesty to understand , that although your royal predecessors , the kings of this realm have often had such subsidies , and impositions granted unto them upon divers occasions , especially for the guarding of the seas , and safeguard of merchants , yet the subjects have been ever careful to use such cautions and limitations in those grants , as might prevent any claim to be made , that such subsidies do proceed from duty , and not from the free gift of the subject , and that they have heretofore limited a time in such grants , and for the most part but short , as for a year , or two ; and if it were continued longer , they have sometimes directed a certain space of resensation or intermission , that so the right of the subject might be more evident . at other times it hath been granted upon occasion of warre for certain numbers of years , with proviso , that if the warre were ended in the mean time , then the grant should cease . and of course it hath been sequestred into the hands of some subjects to bee imployed for guarding of the coasts ; and it is acknowledged by the ordinary answers of your majesties predecessors , in their assents to the bills of subsidy of tonnage and poundage , that it is of the nature of other subsidies , proceeding from the good will of the subject . very few of your predecessors had it for life , until the reign of henry . * who was so farre from conceiving he had any right thereunto , that although he granted commissions for collecting certain duties and customs due by law , yet he made no commission for receiving the subsidy of tunnage and poundage , until the same was granted to him in parliament . since his time , all the kings and queens of this realm have had the like grants for life , by the free love and good will of the subject ; and whensoever the people have been grieved by laying any impositions or other charges upon their goods and merchandizes without authority of law , ( which hath been very seldome ) yet upon complaint in parliament they have been forthwith releeved , saving in the time of your royall father , who having through ill counsel raised the rates of merchandizes to that height at which they now are , yet he was pleased so farre to yee●d to the complaint of his people , as to offer , that if the value of these impositions which he had set , might be made good unto him , he would bind himself , and his heirs by act of parliament , never to lay any other ; which offer the commons at that time , in regard of the great burthen , did not think fit to yeeld unto . nevertheless your loyal commons in this parliament , out of their especial zeal to your service , and special regard of your pressing occasions , have taken into their considerations ; so to frame a grant of subsidy of tunnage and poundage to your majesty , that both you might have been better enabled for the defence of your realm , and your subjects by being secure from all undue charges , be the more encouraged cheerfully to proceed in their course of trade ; by the encrease whereof your majesties profit , and likewise the strength of the kingdom would be very much augmented . but not being now able to accomplish this their desire , there is no * course left unto them without manifest breach of their duty , both to your majesty and their country , save only to make this humble declaration , that the receiving of tonnage and povndage , and other impositions not granted by parliament , is a breach of the fvndamental liberties of this kingdom , and contrary to yovr majesties royal answer to the said petition of right ; and therefore they do most humbly beseech your majesty to forbear any further receiving of the same , * and not to take it in ill part from those of your majesties loving subjects , who shall refvse to make paiment of any svch charges withovt warrant of law demanded . and as by this forbearance , your most excellent majesty shall manifest unto the world your royal justice in the observation of yovr laws ; so they doubt not hereafter , at the time appointed for their coming again , they shall have occasion to express their great desire to advance your majesties honovr and profit , the king dissolving this parliament on a sudden , and continuing to take tonnage and poundage by his royal prerogative without any act of parliament , sundry a merchants upon the commons remonstrance , refused to pay the same ; whereupon their goods were seised : of which they complaining in parliament , caroli , were voted full reparations against the customers , with dammages for the same . and to prevent the kings claim thereunto by right ; with all future demands and collections thereof from the subject without grant in parliament , they declared and enacted by three special acts of parliament , & , caroli , that it is and hath been the antient right of the svbjects of this realm ; that no subsidy , cvstome , impost , or other charges whatsoever ovght or may be laid or imposed upon any merchandise exported or imported by subjects , denizens or aliens , withovt common consent in parliament , and that if any customer , controller , or any other officer , or person , should take or receive , or cause to bee taken or received the said subsidy , or any other impost upon any merchandize whatsoever , exported or imported , except the same be due , by grant in parliament , shall incur the penalties and forfeitures of a premvnire , to the which the king gave his royal assent . and to prevent any future prescription thereunto by the king , they discontinued it for some time , and then granted it specially from month to month , or some short space with sundry limitations , and the penalty of a premvnire if otherwise received , by several new acts of parliament , to which the king gave his assent . these acts the king himself in his proclamation of the sixteenth of december , in the eighteenth year of his reign , stiles , the fences of the svbjects property , received from vs , and understood by vs , as one of the greatest graces the crown ever conferred on the svbject ; and by that proclamation , he prohibited all his subjects , both the paiment and receipt of any monies for customs , or other maritine duties , contrary to this act , by any ordinance of both houses of parliament ; under pain of a premunire , and of being likewise proceeded against as ill-affected persons to the peace of the kingdome . whereupon the lords and commons in their answer to this proclamation ; though they declared ; that the intent and meaning of that penall clause of a praemvnire and other forfeitures ( in these new statutes , which likewise disable every person , customer , officers who should take or receive , or cause to be taken or received any such subsidy or imposition upon any merchandize , during his life , to sue or implead any persons , in any action reall , mixt or personal in any court whatsoever , ) was only to restrain the crown , from imposing any duty or payment on the subjects , without their consent in parliament : and that it was not intended to extend to any case whereunto the lords and commons give their assent in parliament ( which they never did to this new white-hall ordinance , nor the pretended act recited in it , therefore the imposers and receivers of it by vertue thereof , without such assent in parliament , are within the penalties of the aforesaid statutes : ) yet to avoid the danger of a praemunire in their officers , by exacting it only by an ordinance of both houses , without a speciall act of parliament ; they did by their first * ordinances , impose and demand customes , tonnage poundage and new imposts , not as a legal duty , but only by way of loane , til the act of parliament for their future continuance should be assented to by the king : as their declaration of december . and their ordinance of the same date , concerning the subsidy of tonnage and poundage attest . by what coulor of law , iustice , right , this antient birth-right of all english subjects , so lately declared by three acts of parliament , to which most of our late and present white-hall grandees were parties , comes to bee lost and forfeited by our contests to preserve it ; or how the customes , imposts of tonnage , and poundage , can bee now imposed , continued on , or exacted from the subjects by any powers , officers , or persons whatsoever , and levied by severest penalties , forfeitures , imprisonments , seisures , by pretext of this white-hal ordinance , ( though no waies granted by common consent and act of parliament , ) without incurring a praemunire ; and forementioned penalties , disabilities ; or without subverting the fundamental liberty , property , franchises , laws , statutes of the whole english nation , in a farre higher degree then ever in former ages , i cannot yet discern ; and all our new governours , merchants , customers , officers and other persons , who have any cordial affection , love , zeal to their own or the peoples hereditary rights and priviledges , may do well to demurre in law upon it , till they can satisfy their own and other mens consciences therein , to prevent the dangerous consequences of such an ill president to posterity . in the parliament of h. . rot . parl. n. , , , . these were the principall articles of impreachment exhibited against king richard the second ; for which hee was forced to depose himself , as unfit to govern , and resign up his crown to king henry the fourth . * that whereas the king of england out of the profits of the realm , and the patrimony belonging to his crown , might live honestly without oppression of his people , so as the kingdome were not burdened with the extraordinary expences of warre , that this king during the truces between the realm and the adversaries thereof ; gave and squandered away a great part of the crown-lands to unworthy persons , and thereupon exacted almost every year , so many taxes and grants of ayde from his subjects of the realm , that hee thereby greatly and too excessively oppressed his people , to the impoverishing of his realm . that the same king being unwilling to keep and defend the just laws and customes of his realm , and to do according to his pleasure , whatsoever should suite with his desires , frequently when the laws of his realm were expounded and declared to him by the justices and others of his council , who requested him to administer justice according to those laws , said expresly with an austere and frownning countenance , that the laws were his more suo , after his own maner ; and sometimes , that they were in his own breast , and that hee alone could alter and make the laws of his realm , and being seduced with this opinion , he permitted not justice to be done to very many of his leige people , but compelled very many to cease from the prosecution of common justice . that when as afterwards in his parliament certain statutes were made , which might always bind , till they were specially repealed by another parliament , the same king desiring to enjoy so great liberty , that none of these statutes might so binde him , but that he might execute and do according to the pleasure of his own will , which hee could not do of right ; subtilly procured such a petition to be presented to him in his parliament , in the behalf of the commons of his realm , and to be granted to him in the general ; that he might be so free as any of his progenitors were before him . by colour of which petition and grant , he frequently did , and commanded to bee done , many things contrary to the said statvtes not repealed , going against them expresly , and wittingly , against his oath at his coronation . that although by the statutes and customs of his realm , in the summoning of every parliament , his people in every county of the realm ought to be free , to elect and depute knights for the said counties to sit 〈◊〉 parliament , both to receive their grievances , and to prosecvte remedies thereupon , as it shall seem expedient to them ; yet the said king , that he might in his parliament be able to obtain the effect of his rash will , frequently directed his mandates to his sheriffs , that they should cause to come to his parliament certain persons named by the king himself , as knights of the shire ; which knights verily favouring the said king , he might easily enduce , as he frequently did , sometimes by divers threats and terrors , and sometimes by gifts , to consent to those things which were very prejvdicial to the realm , and very bvrdensome to the people ; and specially , to grant to the said king a subsidy for certain years , to the oppressing of his people overmuch . that although the lands and tenements , goods and chattels of every freeman , by the laws of the realm used in all former ages past , ought not to be seized , unless they had forfeited ; yet notwithstanding , the said king purposing & endeavouring to enervate these laws , in the presence of very many of the lords and commons of this realm frequently said and affirmed , that the life , lands , tenements , goods and chattles of every one of his subjects , are at his will and pleasure , without any forfeiture ( by the known laws ) which is altogether contrary to the laws & customs of the realm aforesaid . whether all these high misdemeanors charged against king richard , have not been revived , and acted over and over both by words and deeds in a farre higher degree than ever he was guilty of them , by some late , present whitehall grandees , army-officers , new instrument-makers , legitors , and imposers of excises , customs , imposts , tonnage , poundage , contributions for many years yet to come ; and of that constant annual revenue projected , intended by them in their article : i remit to their own judgements , consciences , and our whole kingdom to resolve , and what they demerit for such extravagant high offences , for which he lost crown and regal power , let others determine . the . particular , is their late incumbent imposition of . moneths new contribution , by a meer self-enacted whitchall jurisdiction , without any consent , grant , in or by the people in parliament , by that they intitle , an ordinance of the . of ●une . beginning thus ( in a most imperial stile , transcending all former acts of parliament , granting or imposing any subsidies ) without any prologue to sweeten it , or court the people to its ready payment . be it ordained and enacted by his highness the lord protector ▪ with the consent of his council , and it is hereby ordained , that towards the maintenance of the armies and navies of this commonwealth an assessement of one hundred and twenty thousand pounds per mensem for three monethe , commencing the of iune , and ending the of sept. following , shall be taxed , levied , collected and paid in england and wales in such sort as is hereafter expressed . the full sum of the said three months assessment of one hundred and twenty thousand pounds by the month , to be at once wholly collected and paid in to the receivers generall at or before the tenth day of october next , &c. the levying thereof upon the refusers hath been by distress of goods by souldiers , troopers , and quartering them on the refusers till payment , and double the value many times paid to , and exacted by the souldiers for their pains ; adjudged ( even by some of our new grandees votes who prescribe such taxes and wayes of levying them ) to be no less then high treason , and levying warre in * straffords case , for which principally he was condemned , and lost his head on tower hill , as a traytor . in this new whitehall tax without a parliament ( intended as a leading president to bind the whole nation in perpetuity , if now submitted to , as the article intimates ) there is a double violation , subversion of the fundamental laws and properties of the nation in the highest degree . the first , is by the reviving , imposing of * ship-mony on the whole realm , and all inland counties , as well as maritine , for the maintenance of the navies by sea , ( which should be maintained only by the customs ) and that in a farre higher proportion than the shipmony imposed by writs by our late beheaded king ; amounting to no less than forty thousand pounds per mensem at last , by way of contribution alone , besides the customs , tonnage , poundage and excise paid towards it . this imposition of shipmony , by the late king , ( though ratified with the advise and consent of his council , many colourable presidents , records in all former ages , and the precedent resolution of all his iudges , under their hands , as just , and legally imposed in case of necessity and publike danger only , without consent in parliament ) together with the iudgement and proceedings of the iudges in the eschequer chamber in justification thereof , were in the last parliament , after solemne debate , by the * votes and iudgements of both houses , on the . ian. and february , resolved ( nemine contradicent● ) to be contrary to the laws and statutes of this realm , contrary to the rights and properties of the subjects of this realm , contrary to former iudgements in parliament , contrary to the great charter and to the petition of right : and voted to be so declared by the iudges at the assizes in the severall counties ; the same to be entred and inrolled in the severall counties by the clerks of the assises . after which , it was for ever damned by a special act of parliament , to which the king himself gave his royal assent , ( afterwards cited and enforced by both houses . exact collection p. . . in the case of the array . ) and those iudges who argued , that the king might lawfully impose shipmony on the subjects , without a parliament in cases of danger and necessity , of which they affirmed him to be the sole iudge ; were by all impeached by the house of commons of high treason , for these opinions of theirs ; whereby they trayterously and wickedly endeavoured to subvert the fundamental laws and established government of the realm of england , and instead thereof to set up an arbitrary and tyrannical government against law ; of which at large * before . how any present powers or persons then , can either impose , justify , levy , enforce it upon any pretext of necessity , or publique danger , on the whole nation , after all these late resolutions , iudgements , votes , impeachments , and a special act of parliament so fresh in memory ( especially such who were parties to them ) without incurring the self-same impeachments and guilt , as these ship-mony iudges did , or a severer censure then they sustained , let their own conscsences , and those who may on● day prove their iudges , resolve them at leasure , being past my skill to doe it ? the . is , by the imposing of a direct heavy tax , tallage , and monthly contr●bution , and that only ( for the maintenance of such a land army , which hath offered force unto the members of both houses , subverted , destroyed that parliament , government , laws , libertie , for whose preservation they were specially raised , commissioned , engaged ) without , yea against the peoples assent in parliament : which no king of england , with the advice and consent of his council , had ever any right or power to doe , or audacity enough to attempt , no not william the conqueror , c●nute , henry the th . edward the th . or henry the th , who came principally by power of the sword , to their soveraign regall authorities . by what justice , power , legal right , any other person or persons whatsoever , who are neither rightfull kings , nor parliaments of england in their own or others repute , can either impose , levy , exact such extravagant heavy taxes , contributions , from the exhausted free-born people of england , ( especially being now pretended new free state , ) against all our fundamental lawes , statutes , franchises , charters , properties , liberties , records , parliamentary iudgements , their own late remonstrances , declarations , votes , the presidents of all former ages , yea of all our kings coming in by the sword to their thrones , let the imposers of them seriously advise , as they will answer it at their utmost peril to god , men , and the whole english nation ; who expected better things from them , even a total final exemption from all such illegal burthens , after all their late wars , agonies , expences , to redeem and preserve their lawes , liberties , estates , properties , posterities , from such exorbitant oppressions , diametrically contrary to all the forecited iudgements . resolutions , remonstrances , statutes , votes , presidents , and sundry others , which i shall hereafter insist on in the third chapter of this treatise to which i must refer you : and shall we not then adventure a distresse , a prison , quartering upon , or any other duresse , yea death it self , rather than volutarily submit our selves and posterities backs thereto , when as we spend our bloods , lives , treasures , against lesser , easier , royal impositions ? how shall we answer it to god , men , or our enslaved posterities , if we now most safely , unworthily submit thereto in perpe●uity , without the least legal , strenuous , publick oppression or debate of its legality . if any here allege ( as some men do ) in iustification of these three , ( or rather four ) forecited kinds of illegal universal taxes , imposed , levied , on the whole nation , without consent of parliament ; that they are all warranted by the instrument of the new gevernment , article , , . that a constant yearly revenue shall be raised , setled and established , for maintaining ten thousand horse and dragoons , and twenty thousand foot in england , scotland , and ireland for the defence and security thereof , and also for a convenient number of ships for guarding the seas , besides two hundred thousand pounds per annum , for defraying other necessary charges , for administration of iustice , and other expences of the government , which revenue shall be raised by the customes , and such other ways and means which shall be agreed u●o● . by the lord protector and council and shall not be taken away , or diminished , nor the way agreed upon for the raising of the same altered , but by consent of the lord protector and the parliament . that the said yearly revenue shall be paid into the publick treasury , and issued out for the uses aforesaid . that in case there shall not because hereafter to keep up so great a defence at land or sea , but that there be an abatement made thereof ; the mony which shall be saved thereby , shall remain in banke for the publick service , &c. ; all which they , in the true state of the case of the common-wealth , p. , , commend , for a most excellent provision , a co●stant revenue , a publike bank or treasury upon all occasions &c. , which they intend to perpetuate on the whole kingdom , without end or abatement , as well in times of peace , safety , as of war and danger . therefore the protector and his counsell at whitehall in pursuance hereof , may lawfully impose ( by vertue of these articles ) both excise , customs , tonnage , poundage , ship-money and contributions , for these ends upon our three whole kingdoms and all the freeborn english by printed ordinances of their own , in what proportions , and for what time they please ( yea and for perpetuity ) without consent or grant in parliaments , and restrain all future parliaments , both from taking away , or diminishing them , or altering the way agreed on for their raising , without their protectors consent thereto ; ( as the expresse words run , and their practise yet expounds them : ) notwithstanding all former laws , statutes , charters , resolutions , iudgements , remonstrances , oathes , vowes , declarations , presidents ) either in or out of parliament ) to the contrary . to this i answer , first , that i cannot but stand amazed to hear any army-officers , souldiers , lawyers , or persons in present trust or power , who bear the name or hearts of english freemen , saints , christians , lovers , patriots or protectors of their native country of england , its parliaments , laws , and liberties , to make such a stupendious irrational objection , as this , which justifies all the exorbitant opinions , proceedings , taxes , oppressions , impositions , of our late beheaded king , strafford , canterbury , the ship-money iudges , old whitehall council table , yea all our other former kings , and their evil counsellors most irregular exaction of mony in all ages from brute till now ; and will render the very worst of all our kings , if compared with our late and present tax-masters , and pretended assertors of our liberties , rather good , gracious , just , righteous , princes , benefactors , than tyrants or oppressors , for the future , seeing they never out of parliament imposed , enforced on their subjects any such heavy , various , perpetual taxes , imposts , excises , ordinances , or new articles of the government● , as these forecited . ly . this objection ( if admitted just or solid ) gives a private cabinet ●uncto , of obscure persons ( yet unknown by name unto our nation ) a superlative , super-parliamentall authority , to contrive and set on foot , a new devised instrument , to undermine and blow up all our former fundamental laws , customs , great charters , liberties , franchises , properties , parliaments , former frame of government at one crake , after all our late bloody , costly contestations for their preservation , both in the supream courts of publick iustice , and fields of war , without our privities or consents thereto , either in or out of parliament , contrary to all their and our protestations , oathes , covenants , commissions , trusts , promises , pretences ; and instead of english freemen ( as we were before these contests and wars ) to strip us quite naked of all our former freedoms , liberties , properties , customs , rights , derived to us from our noble ancestors , as the purchas of their dearest blood & render us & our posterities for the future , the most absolute issachars , vassals , slaves under heaven , inthralled to all sorts of intollerable , illegal , unpresidented , incessant , endlesse taxes of all kinds , without hopes of alteration or mitigation by any future parliaments , ( without their protectors or his successors voluntary consents , which they cannot expect ) and to a constant standing mercenary army of horse and foot , by land , and navies of hirelings by sea , to keep us and ours in perpetual bondage under such new irregular successive tax-masters ; who must elect their successors like themselves . ly . all our former antient laws , statutes , parliaments till now , in all changes , revolutions of state or government , ever constantly asserted , maintained , provided , * that no tax , tallage , custom , contribution , impost , subsidy , charge , excise , loan or payment whatsoever , should be imposed on the freemen of england , without their common consent and grant , in full , free , lawfull english parliaments ; and if any were imposed otherwise by any power or pretext whatsoever out of parliament , that it was null , and void to all intents , to bind the people . but these monstrous articles quite turn the scales ; impowring a few private persons ( neither elected nor intru●ted by the people for such ends ) by colour of this ill tuned instrument ( contrived privatly by themselves alone , as most conjecture , for their own self-interests ) to impose perpetuall imposts , excises , customes , contributions of all kinds , on our whole three kingdoms and nations , which neither they , nor their parliaments ( though never so grievous , extravagant , unreasonable or oppressive ) shall have power to take away , diminish , alter , or regulate in the forecited illegall , oppressing , violent wayes of levying them , unless their grand soveraign lord protector , shall first give his consent thereto ; ( which they cannot expect , nor enforce , ) and in cale of his refusall , they are utterly left remediless ; he having thirty thousand armed mercenary horse and foot in severall quarters by land , and a strong numerous . navy by sea at his command , to keep them under endless tributes to him and his successors for ever . o england , england , ( to omit scotland and ireland ) consider seriously , and timely , to what a blessed liberty , and long-expected freedome , this new invented instrument and the irish harp , lately quartered with the english bloody cross , as our free-state arms , hath now at last reduced thee , if these objected articles must remain inviolable , maugre all our laws , statutes , &c. to the contrary ; as our new tax-masters and their instruments , both literally and practically conclude , unlesse you use your uttermost , lawfull , present , diligent , joynt endeavours to prevent it 〈…〉 ly , the whole house of commons , yea some who were parties to this instrument , lately impeached and with the lords ●ouse , by judgement of parliament condemned , beheaded the * earl of strafford , and archbishop of canterbury , as guilty of high treason ; in subverting our fundamental lawes , liberties , and setting up an arbitrary tyrannical government ; for resolving at the councel table , before-hand , to assist the king to raise monies on the subjects to carry on the warres against the scots , by extraordinary wayes , in case the parliament should prove peevish , and refuse to grant such subsidies as they demanded of them . and for straffords affirming , that ireland was a conquered nation , and that the king might do with them what he pleased : that they were a conquered nation , and were to expect lawes as from a conqueror . and that he would make an act of councel board in that kingdom of ireland , as binding as an act of parliament . and do not the objectors , contrivers of this new instrument articles , and those who now vigorously put it in execution in any kind ( as too many do ; ) speak out , and do as much , as bad , as they in each of these particulars ; nay farre more and worse ? do not they ( after the late violent breaches of our former parliaments , and their own junctoes by the army ) raise monies in more vast proportions , by more irregular , violent , extraordinary wayes , by longer continued taxes , excises , impositions , and constant yearly revenues , then they ever did or designed , quite out of parliament , by their own arrogated legislative tax-imposing power ? do not they by this very instrument , proclaim to all the world , that not only ireland and scotland , but england it self , is now a meer conquered nation ? that thereupon they may do with us what th●y please ; and we must not only expect , but receive lawes from them as conquerors ; having already published whole volumes of new-laws and ordinances of all sorts at their new-erected councel board ( which the old never did ) and made them as binding , not only to ireland , but england and scotland too , as an act of parliament ? yea farre more binding than any parliament acts , by binding the hands , power of future parliaments themselves , and our three whole nations ( as aforesaid ) and that in perpetuity ( which no * parliaments , nor acts of parliament can do ) and by repealing , nulling all our former fundamental laws , charters , liberties , free government made by parliaments , with our very parliaments themselves ? and if so , let the objectors now seriously consider both the treasonableness , unparliamentalness , sad consequences of this objection , and what ill effects it may produce in present or future ages . ly , the statutes of e. . c. . & e. . c : . yet in force , declare all judgements given or to be given by the justices , or any other , contrary to the points of the great charter , to * be void and holden for nought : and if any statute be made to the contrary , it shall be holden for none . therefore these instrument articles , and paper ordinances made by colour of them , in direct opposition to , and subversion of the points of the great charter , and all other acts for their confirmation , must needs be holden for nought and void to all intents , to bind this whole free-born nation , or any one freeman of england in particular . . if these articles and instrument ( for the premised reasons , and defect of legal power in the yet unknown instrument-makers ) be not void in law , to all intents and purposes , as all wise men repute them ; yet other clauses , and articles of this very instrument , ( admit it valid and obligatory to our nations ) give a fatal blow to all the forementioned excises , impositions , contributions by colour thereof , and to the objected articles . first the prologue to the oath , at the close thereof , proclaims the government setled by it , to be such , as by the blessing of god might be lasting , secure property , and answer the great ends of religion and libertie , so long contended for : but these articles ( as the objection and premises evidence ) do no wayes secure , but utterly subvert all property , in the highest degree ; and answer not , but eternally frustrate , abolish , the great ends of our religion ( condemning all illegal , unrighteous taxes and * tyrannical , usurping , oppressing arbitrary powers ) but especially of our liberties , so long contended for ; and are rather likely to raise new troubles and unsettlements , than make the government lasting ( as many late presidents , with those ancient ones in dr. beard his theatre of gods judgements , l. . c. . to . may perswade us : ) therefore it must be exploded , as repugnant to the whole scope of the instrument . . the . article of it is fatall and destructive to the objected articles ; viz : that the laws shall not be altered , suspended , abrogated , or repealed , nor any new law made , nor any tax , charge , or imposition laid upon the people , but by common consent in parliament . save only , as is expressed in the th article ( not . ) now these objected , , articles , being diametrically contrary to every word , clause of this article , and agreeable to our fundamental laws ( which the last clause of the oath obligeth their protector and his successors to maintain , and to govern the people by ) which laws must be all * altered , suspended , abrogated , repealed by these articles alone , if reputed valid ; in giving power to them , to impose any tax , charge , imposition upon the people , without common consent in parliament ; and being not within the saving of this , or the th article , must needs be void and repealed by this very sixt article , and the oath it self . . the th article following them , diametrically contradicts , repeals them in these words . that the raising of money for defraying the charges of present extraordinary forces both by land and sea , in respect of the present warrs , shall be by consent of parliament : save only , that the lord protector , with the consent of the major part of the councel , for preventing the disorders and dangers which may otherwise fall out both at sea and land , shall have power until the meeting of the first parliament ( on the . september . ) to raise monies for the purposes aforesaid . the former part of this article is consonant to , and expounded by the . forecited , which is more generall : and the plain sense thereof is this . that all monies raised for defraying the extraordinary forces both by land and sea ( exceeding the antient standing garrisons , guards maintained by the old constant revenues of the crown , without any tax upon the people ) shall be by consent of parliament . therefore a fortiori ; all perpetual standing taxes , excises , contributions to maintain the ordinary and extraordinary forces by land or sea , and ordinary expences of the government ( which , in respect of their constancy , permanency , are far more grievous , dangerous to the subject than rare extraordinary ones upon emergent occasions ) must and ought not to be imposed by their new created power out of parliament , after the of september . it any here object ; that the latter clause of the article save only , &c. authorized those at whitehall , without a parliament , to impose excises , taxes , customs , ( impositions , contributions forementioned , and any other constant annual revenue they shall settle , according to the article ; so as it be done before september . . therefore they are all lawfull , because imposed before that time by their printed ordinances forecited . i answer , . that this saving , is utterly void in law , to all intents , . because it is not only contrary to all our fundamental laws , great charters , statutes , but repugnant to the body of the article , and first part of the ▪ to which it is annexed . . because it assigns the legislative tax-imposing power ( the inseparable incommunicable iurisdiction of our parliaments alone ) to a new whitehall councel , by a void instrument made out of parliament for a certain time , which biggest soveraign power , the parliament it self neither legally may , nor can , nor ought to transfer by any ordinance or . act of parliament to any committee of their own members , no not for a moment , as is both resolved and declared by act of parliament . h. . c. . and rot. parl. h. . n. , , , . h. . c. . h. . c. . and . e. . c. . it being derogatory and destructive to the free state power , rights of parliaments , tending to the great incommodity of the whole realm , and of pernicious example to posterity , as the whole parliament of . h. long since resolved in positive termes . ly . this saving is just like the popes old * detestable non obstante , at the close of their bulls ; quae omnem subvertit praehabitam justitiam , which subverted all the justice and privileges granted before to any in the body of those bulls ; and as pernicious as that * proviso , which the house of lords desired at first , to have inserted into the petition of right , which would have made it felo de se , because it insinuated that the king by his soveraign power where with the law had intrusted him , for the protection , safety , and happinesse of his people might impose any aid , tax , tallage , or charge upon his people without a parliament , though by his ordinary power he could not do it . which had left the subjects in worse case than it found them , and wholly destructive to it self in all the parts thereof : whereupon after a conference had concerning it by the commons , it was totally rejected by both houses ; as this salvo must be for the self same reason . ly . admit it valid ; yet it gives power to them to raise moneys for the maintenance by land and sea , only until september . . and no longer ; as is evident by the very words themselves ; and the confession , exposition , ( of those who made the instrument , as most suppose ) in their , true state of the case of the commonwealth of england , &c. . p. . . in these words this power is to continue only til the sitting of the next parliament . yea george smith in his new treatise , intituled , gods unchangeablenesse , &c. ( in justification of the present governour and government ) p. . writes thus ; and for his seeking to have power to make laws , and raise mon●ys , it is meer calumniation . he seeks it not , he claimes it not , but leaves it to the wisdom of parliament , as appears in artiole . ( as is thus excepted ) for and in cases of safety and necessity , till the time that this present parliament was assembled , and yet to be done by him with the advice of his council , so then he seeks not the strength nor treasure of the nation , nor to have it in his own power . therefore they can impose no taxes , excises , nor contributions by their printed ordinances to continue after its beginning ; nor by any future ordinances ( as they term them ) after that time . now the first tax of excise , forementioned , is imposed till the of march which is months after the of september . the of customs , tonnage and poundage , is continued til the of march , which is years and months after this of september . and the for the months contribution reacheth till the of december , which is near full months after the first sitting of that their next parliament : and any constant yearly revenue setled by them , will far exceed this limited time , and all former taxes : therefore all these premised , and all other future excises , customs , impost , contributions by pretended ordinances for their levying after the of september , exceeding the power and time limited by this saving , must be void , and no ways warranted by the very saving it self , and to be opposed as such . ly . to say , that although these several impositions continue after the of september , yet they were imposed by their printed ordinances before it ; therefore within this saving is a most absurd excuse and shift , repugnant to the words , yea wholly destructive to the article , and first part of the , for by this reason had their forecited ordinances ( or any other dormant or future antedated ones yet unpublished ) imposed excises , customs , tonnage , poundage , contributions on us for twenty , fifty , an hundred , or a thousand years yet to come , before the . of september , they must have been binding to us and our posterities , during all that space , and unavoidable by the people , or future parliaments , by this saving and exposition of it . but the words of this saving , giving only power to raise monies until the méeting of the first parliament ; not to make new edicts any time before it to impose and continue taxes for any time or years after it , ( which would have forestalled , affronted the next and all future parliaments in their proper work , of granting , regulating all future taxes ( according to the . and . articles ) and made them meer cyphers : ) clearly takes away this evasion ; with all their former and future whitehall impositions after the of september ; as contrary both to their instrument and oath . ly , the words of the th article whereto this saving refers , are observable , that they shall have power until the meeting of the first parliament , to raise monies for defraying the charges of the extraordinary forces both at land and sea , in respect of the present wars : to which , for the purposes aforesaid , in the saving relates . but the present warres being many moneths since ended , both by land and sea , by the peace concluded with forreign nations : and so no need , nor use of extraordinary forces to be still continued by land or sea ; the ancient trayned bands and militia of the realm , being now well able to defend , secure us at their owne cost , without any mercenary forces , excises or contributions , only to pay them ; the power of raising monies in this saving , with the grounds thereof , are now at an end , as well as our warrs ; and the whole article too : since the old standing militia , and trayned bands of the . nations , will be a sufficient safeguard to them , without our mercenary army or forces ; which * usually prove treacherous supplanters , usurpers ; oppressors to all who rely 〈◊〉 them ; whereupon our prudent ancesters , since 〈◊〉 gernes usurpation , * intrusted their militia and defence of the realm , only in the hands of the nobility , gentry , freeholders , and persons of best ability and estates , not in mercenary armies ( which supplanted the britons : ) and our warres now ceasing , the antient revenues , lands , customes of the crowne , and perquisits of the courts of justice , will be sufficient to defray all the ordinary expences of the government , navy , old standing garrisons , ( if continued , though useless ) officers of state and justice , as they did in * all former ages , and still ought to do , for the peoples ease and benefit . ly , it hath been the special policy , care of our prudent fore-fathers and wise a parliaments , never to grant any annual tax or charge ( except tonnage ●and poundage in some cases for a limited time ) for publike defence , unto their kings and governours ; nor usually to give them above subsidy , or one or two fifteens , or a single escuage , and sometimes not so much , in any one parliament , upon any extraordinary occasion or necessity , and that upon these grounds . . because * extraordinary aydes , ought to be granted only for , and proportioned to extraordinary , present , emergent necessities , visibly appearing ; which being not lasting , but momentany and various one from another , no standing certain contribution can or ought to be allotted for them , but only a temporary and mutable ; the ordinary setled crown revenues being sufficient to defray all ordinary expences , without other aydes . ly , to keep a perpetual tye upon their kings and governours , to summon frequent parliaments , and redre●s all their grievances in them , before they should receive any grant of new ayds or subsidies from them , to supply their publique necessities ; to preserve a power and right in parliaments to examine the grounds and present necessity of all taxes demanded : and to * take an accompt how former taxes , & the kings revenues had been disbursed , before they granted new ones : all which the granting of standing annual aydes for publique defence would frust●●e . ly , to prevent the encroaching of a constant charge and revenue on the people , which if granted but for years , life ; or but twice or thrice in the same kind and proportion , without alteration , though but as a free gift in parliament , would thereupon be claimed , exacted from them afterwards , as a meer just annual right and revenue , without their future grants , as danegeld , was by some of our kings of old ; imposts once granted , by edward the . and other kings heretofore ; and the customes of tonnage & poundage by king charles of late . ly , to avoid all unjust oppressions of the people by imposing on them more taxes at once than the present urgent necessities required . ly , to prevent the inhaunsing , doubling of taxes by any new dangerous presidents ; sir edward co●k observes in his institutes , p. . that the commons never used to give above one temporary subsidie , and two fifteens , in any one parliament , and sometimes less ; till the parliament of eliz. which gave . subsidies , and fifteens ; upon which first breach of this old circle and usage , their taxes still increased afterwards by degrees ; for in , & eliz. they rose to . subsidies , and fifteens : in eliz. to subsidies and fifteens : in jacobi to subsidies , and fifteens , in shorter time then had been before : in caroli , to subsidies in shortest time of all : and now of late , to constant annual imposts , excises , & endless monethly contributions , amounting to at least subsidies every moneth . ly , because a standing extraordinary tax ( especially for years or life ) when once claimed or received as part of the publique revenue , would be hardly relinquished , or discontinued , without much contest , and danger ; as appears by danegeld of old , and tonnage , poundage , excise , monthly contributions of late imposed as of right upon us , by every new upstart power ; and when once customarily claimed , collected as a duty , will no ways ease nor exempt the people from new extraordinary aydes and taxes . this is evident by that memorable president concerning abby-lands , in king henry the his reign , setled on him as a large annuall standing revenue , of purpose to defend the realm , and ease the people from all future aydes , by the parliaments of h. . c. . h. . c. . h. . c. . yet were these lands no sooner setled on the crown for these ends , but in the same parliament of h. . the king demanded and ●ad of his subjects , one extraordinary subsidy both of the clergy and laity ; and h . c. , . & h. . c. . he demanded and had the like subsidy of them again : and his successors the like and greater subsidies every parliament since . the like we see in the case of tonnage and poundage , granted only for the defence of the seas and realm against forraign enemies & pirates : which no sooner taken by the late king , as a standing revenue of the crown , but he exacted and levied against law , a new annual tax of shipmony , to guard the seas , for which very use he received tonnage , poundage , and the ancient customes ; as our late governors did , and present do ; together with new imposts and excises ; and yet impose land rates of forty thousand pounds a month besides , to maintain the navy . to instance in one particular more : our late new governours made sale of all archbishops , bishops , deanes , chapters , delinquents , kings , queens , princes , and sequestred lands and goods , both in england , scotland , and ireland , one after another ; under pretext , to ease the people in , and of their heavy taxes : but what was the issue ? all their taxes , excises , and other impositions were still continuep on them , without any intermission or diminution , nay advanced higher than ever , to thousand pounds contribution by the month for england , besides scotland and ireland , even whiles all these lands and goods were selling ; the lands and goods sold , consumed , without any publique accompt yet given of the monies , or their disposall ; or any present ease to the oppressed people : and the ordinary standing revenues of the realm being now by this meanes decayed , dissipated , and almost brought to nothing ; these new projectors and dissipators of this vast publique revenue ; instead of easing , by colour of this instrument , resolve to impose upon the undone , long-oppressed peoples gauled , broken backs and estates , such perpetual constant , annual taxes , excises , imposts , revenues as you have heard , for the maintenance both of the army , navy , administration of justice , and other ordinary expences of the government ; which no kings of england ever yet received , or pretended to . which if any future parliaments shall be so mad , or improvident once to settle , or the kingdom not unanimously to oppugne ; if setled by them without a parliament , instead of easing of the people of their long insupportable taxes , now their wars are ended ; in all succeeding parliaments , they shall still be burthened with new extraordinary taxes , upon new pretended extraordinary occasions , and forces raised ( as the words of the article , compared with the and , declare ) as if this new constant revenue had never been setled ; and if our parliaments refuse to grant them , these new projecting tax-masters ( who must dispose of all the moneys in the intervals of parliaments ) will impose and levy them at their pleasure , by their supertranscendent usurped tyrannical power and sword men , and dispose of them as they please without a parliament , as they have already done , without rendring any other publick accompt to the people thereof , than hath hitherto been given to them of all the many millions of treasure already extorted from them of late years , to no other end ( as appears by these articles of our new government ) but now at last , to bring and keep them under perpetual endlesse taxes of all sorts , and the intollerable , worse than turkish slavery of a perpetual domineering mercenary army , navy , instead of long promised liberty , ease and exemption from them , till they are all brought to a morsel of bread , and till their private estates be utterly consumed , as well as the publick crown and church revenues , yet remaining . the lad and serious consideration of all which premises , i humbly submit to the impartial iudgements , consciences of our present governours , army officers , souldiers themselves , how discrepant they are from all their former printed deolarations ; protestations , promises , vowes , engagements to the people , and what they expected from them ; it was the speech of the scythian embassadours , to alexander the grand conquerour of the world , * nec servire ulli possumus , nec regnare desideramus . si deus es , tribuere mortalibus b●nificia debes , non sua eripere , sic homo●es , id qu●d es semper esse te cogita , stultum est eorum memintsse propter quae tui oblivisceris : let it be all heroick english freemens to our pretended conquerors ; who may do well to remember that hermolaus and other officers , and souldiers of alexanders own guard , conspired his destruction , after all his persian conquests , for this very reason , which they justified to his face , * quia non ut ingenuis imperare caepisti , sed quati in mancipia dominaris ; because he had begun not to raign over them as freemen , but to domineer over them like slaves ; and because revelaetions in this age , may be more prevalent with some men than gods own oracles , or our lawes ; i shall inform our tax-imposing governours ; that st. bridget of sweden in the book of her * revelations of the heavenly emperour unto kings , cap. records ; that she had this revelation from the son of god , that kings and governours ought to love the people and commonalty of their realms : that they then shew they truly love them , when they permit them to enjoy their approved laws and liberties ; when cruel exactors and collectors domineer not over them ; if they burthen them not with new inventions of impost , taxes , and tributes , nor with grievous and unaccustomed hospitality , permanencies or freequarter ; for although for the resisting of infidels they may humiliter petere auxilium a populo ; humbly request an aid from the people and commons of their realms ( not imperiously impose it ) when there is a necessity ; yet let them beware quod necessitas illa non veniat in consuetudinem & legem , that the necessity comes not into a custom and law : * for that king ( or ruler ) who layes not aside his unjust exactions , and fraudulent inventions to raise monies , and oppresse his people , making his reigns and kingdoms meer robberies and rapines , as most then did , and n●w too ) let him know for certain he shall not prosper in his doings , but shall lead and end his life in grief , dismisse his kingdoms in tribulations ; his son and posterity shall be in such hatred , reproach and confusion , that all men shall wonder thereat ; & his soul shall be tormented by the devils in hell : which she manifests by the * example of an unjust tax-imposing king , damned to hell , and there tormented by the devils : for that to retain the kingdom to himself , and defend it from invasions , he petended the antient revenues of his eschequer would not defray the expences of the government , and realms defence ; whereupon he devised certain new inventions , and fraudulent exactions of imposts , tributes , taxes , and imposed them on his kingdome , to the dammage of the natives , and oppression of innocent merchants and strangers ; although his conscience dictated to him , quod ista erant contra deum , et omnem iustitiam , et publicam honestatem : that these things were against god , and all iustice , and common honesty ; as our forementioned excises , imposts , taxes are now . let those who are now guilty of this sinne in the highest degree , beware they incurre not the self-same temporal and infernal punishments , thus threatned to and inflicted upon others . and let our whole english nation and their trustees , upon serious consideration of all the premises , beware how they in any kind , through fear or cowardise , submit their necks or backs to the forementioned illegal yokes and burdens , of perpetual standing excises , imposts , contributions , and taxes , to enslave themselves and their posterities for ever to an oppressing military new government , and perpetual army : for which end i shall only recommend unto their meditation and practise , this observation and policy of our prudent ancesters , * binus actus inducit consuetudinem ; that a double generall submission to , and payment of such exorbitant illegal taxes , will introduce a customary , future exaction and payment of them ; which made them always ( as we have greatest reason now to do ) peremptorily to withstand the firs , to prevent a second customary , future exaction and payment in like kind ; pursuing the poet ovids old sage counsel , wherewith i shall conclude this point . * principiis obsta : serò medicina paratur cum mala per longas invaluere moras , how transcendently all the other fundamental laws , liberties , rights of our english freeborn nation have by late and present governours and their instruments been infringed , subverted in an higher avowed degree than ever in former ages , by forcible tyrannical proceedings of all kindes , in breaking open mens houses , by armed souldiers , and other unsworn illegal officers , excise-men , sequestrators , both by day and night ; seising their persons , horses , armes , papers , writings ; ransacking their studies , truncks , cabinets , upon false surmises , suspicions ; close imprisoning their persons ( by multitudes ) without , before any examination , particular accusation , hearing , trial , in unusual places ; and some of them in remetest isles , garrisons under souldiers : their pressing of men for land and sea service , and carrying them away perforce by soldiers , troopers , officers , mariners , ( like so many prisoners ) out of their own counties and the realm , to unnatural , unchristian warrs , against their wills and consciences : their disinheriting many thousands of english freemen of all sorts , of their freeholds , lands , offices , fra●chises , honors , authorities ; spoyling them and theirs of theirs goods , chattles , estates , lives , in and by arbitrary committees , martial , & other extravagant courts of highest injustice : subverting , changing our ancient fundamental lawes , statutes , and enacting new without the peoples free consents in lawfull , english parliaments : altering the whole frame and constitution of our monarchy , government , and parliaments themselves : depriving the people of the free election of their parliament members , and other elective officers , contrary to our lawes , charters , usages ; securing , secluding the members of parliament themselves , by armed force ; dissolving parliaments by the sword alone , without writ or legall power , contrary to acts and privileges of parliament ; by erecting new legislative , tax-imposing , self-created powers , ( not elected by the people ) at whitehall and elsewhere , not to be paralleld in any age . by creating new-treasons contrary to the old ones , and the statute of e. . and condemning , sequestring , imprisoning , executing english peers and freemen , only for their loyalty , duty to their lawfull soveraigns , and defence of the rights , privileges , liberties , laws of the kingdom , parliament , nation , according to their oathes , protestations , league , covenant , and gods own precepts , against the publique enemies , oppugners , vnderminers , subvertors of , and conspirators against them . by making publick wars at land and sea with our christian protestant brethren , and other nations ; and concluding leagues , truces without common consent or advice in parliament . by alienating , selling , giving , squandring away the ancient demesnes , lands , honours , rents , revenues , rights , inheritances of the crown of england , ( yea of scotland and ireland likewise ) to officers , souldiers of the army , and others , for pretended arrears , services , or inconsiderable values ; which should defray all the constant ordinary expences of the government , publique , state officers , embassadours , garrisons , navy , courts of the kingdom , and ease the people from all kind of taxes , payments , contributions whatsoever towards them ( except in extraordinary emergent cases and necessities in times of war , requiring extraordinary expences for their publique safety supplied by aydes and subsidies granted only by common consent in parliament only , and not otherwise ) which now must be wholly , or for the greatest part defrayed by the people alone , out of their own exhausted private estates , by endlesse taxes , excises , contributions ( as appears by the , , , . articles of their new ill sounding instrument foreinsisted on ) whiles others , without right or legal title , enjoy the old standing demesnes , lands , rents , revenues and perquisites of the crown for their private advantage without any acts of resumption ( * usual in all former ages ) to keep the kingdom , nation from becoming bankrupts , and people from oppression ) which should ease the people of those intollerable constant burthens lately laid upon them , against all justice , law , conscience , and make insufferable wasts , and spoyles of the stately houses , timber , wood● , mines , forrests , parkes of the crown , without restraint , to the kingdoms extraordinary prejudice ; for which they ought to give an account and make full reparations , if the earl of devonshires case , cook reports f. ▪ , be law. and by sundry other particulars ( requiring whole baronian volumes , to recite and specifie to the full ; ) is so well known by dayly experience , and multitude of presidents fresh in memory , to our whole three nations , that i shall here no further insist upon them . all which experimentally confirm the truth of our saviours own words . iohn , , . verily , verily i say unto you , he that entreth not by the do●r into the sheepfold , but climbeth up some other way , the same is a theef and a robber ; the theef cometh not but steal and to kill , and to destroy , whatever his pretences be to the contrary . and this rule of johannes angelius wenderhagen : politiae synopticae , lib. . c. . sect . . p. . . hinc regulae loco notandum . quod omne regnum vi armata acquisitum in effectis subditos semper in durior is servatutis conditiones arripiat , licet a principio dulcedinem prurientibus spirare videatur ; ( which we now find most true , by sad , sensible experience ) ide● cunctis hoc cavendum , ne temere se seduci patiantur . finis . notes, typically marginal, from the original text notes for div a -e this epistle should have been printed before the first part ; but was omitted through hast . a see the several epistles of frederick the emperor against pope gegory the , and innocent the recorded by mat. paris , p. . to . sparsim . b see extra● de majoritate & obedientia : augustinus triumphus : bellarminus , becanu● , and others , de monarchia remani pontificis . hospinia● hist . jesui . l. , & . * henricus de knighton , de eventibus angli ae , l. . c. , . c see massaeus vegius & petrus ribadeniera in vita ignatii loyolae . heylins micracosme , p. . d see lewis owen his jesuites looking-glass , printed london . the epistle to the reader , and p. to . jubilaeum , sive speculum jesuiti●um , printed . p. to . hospinian hist . jesuitica , l. . * speculum jesuiticum . p. . see romes master-peice & conterburies doom , p. , &c. hidde● works of darkness . , . e mercure iesu●le , tom . . p. . speculum jesuitieum p. . . f see lewis owen his running register , & his jesuited looking glass . the anatomy of the english nunnery at lisbone . g de monarchia hispanica , p. , , , , , , , , , . h see thomas campanella de monarchia hispaniae . watsons quodhbets , co●loni posthuma , p. . . cardinal de ossets letters . arcana imperii hispanici del●h . . advice a tous les estat's de europe , touches les maximas fundamentales de government & diss●iennes espaginols , pa●is , . i set my speccb in parliament , p. . ●o . and the history of independency . k exact coll●ction , p. , , , , , , ● , , , , , , to . a coll●ction of ordinances , p. , , , . l see put●●y projects , the history of independ●ncy , and armies declarations , papers , proposals . printed together , london , . * de monarchia hisp . c. , . an excellent cove●y of 〈◊〉 stable , asonakle 〈◊〉 and 〈◊〉 . * no● 〈◊〉 date . * hospinian . hist . jesuit . l. . m quando eorum malitia hoc exigit & reipub. vel ecclesiae necessitas sic requirit . speculum jesuiticum , p. , , . mercure jesuite , part. . p. , . alfonsi de vargas relatio . &c. ● . . n see thei● remonstrance from sl. albans , nov. , and decem. . with other papers . * attributed to ●ne jesuite tresham . * see watsons q●●libets , p. . &c. * alphonsi de vargas relatio , &c. c. . spe●ulum jesuiticum , p. , . * hospinian . hist . jesuitica , l. . o hist . gallica , & ●elgica , l. ● . p. . speculum jesuiticum p. . hospinian . hist . jesuitica , l. . ● . . p see speculum jesuiticum and the general history of france in h. . hospinian . hist . jesuitica , l. . f. , . q speculum jesuiticum , p. . r see the general history of france in the life of henry . and lewis . speculum jesuiticum , p. , , , . hospinian . hist . jesuitica , l. . p. , to . * speculum jesuiticum , p. , . hospinian . hist . jesuitica , l. . f. , . * hospinian . hist . j●su . l. ● . , . * see the general history of france in hen. . and lewis . dr. john whites defence of the ●●●y , c. . p. . ſ see grimstons history of the netherlonds p. . thuanus l. . p. . speculum jesuiticum . p. , . * de monarch . hisp . ● . . p. . * chron. belgiae tom. . p. . tom. . p. . meteranus l. . p. . hospinian . hist . jesuitica , l. . f. . t speculum jesuiticum , p. . v see speed and cambden in her life . bishop carletons thankful remembrance of gods mercy , london . x hospinian . hist . jesuitica , speeds history , p. . cambden , stow , holinshed in the life of queen elizabeth . speculum jesuiticum , p. . * see watsons quodlibets . y see speeds hist . p. , , . john s●ow , and how ; jac. z cook in●●itutes , p. . and calvins case ● report , f. , . jac. c. . * see fox , holinshed , speed , mariae , a see jac. c. , , , . speeds history , p. , to . the arraignment of traytors , with others . prayers for the of november . hospinian . hist . jesuitica l. . f. , to . b speeds hist . p. . the arraignment of traytors , and m. john vicars history of the gunpowder treason . * see militiere his victory of truth , . dedicated to the king of great brittain . c see my epistles to jus patronatus , and speech in parliament . nota. * in his victory of truth , . p. , , , , , . * vpon which ground , many of them have since solemnized the of january , instead of november . * see militiere his victory of truth , p. , to * jer. . . d romes master-piece , p. , , . * romes master-piece , p. , to . c the victory of truth , anno . * hospinion . hist . jesuitica , l. . f. . l. . f. . * printed by it self , and at the end of my speech in parliament . * see an apologetical declaration of the province of london , &c. jan. . . f page , . , , , . &c. g see my speech in parliament , and memento . the epistle to my jus patronatus , & tho. campanella de monarchia hisp . . . * see the declaration of the secluded members , the london - ministers and others , representation to the general , and the second part of the history of independency . * to their general & officers , even in unlawful acts against the parliament , king , kingdom . * hospinian . hist . jesuitica , l. . romes master-piece . h jubilaeum , five speculum jesuiticum epigramma . i hasen mullerus hest . jesuit . c. . speculum jesuiticum , p. . k exact collection , p. . , , , , , , to . , , , , , , , to . , to , , , , , to , , , . a relatio de s●ratogematis & sophismatis j●suitarum , c. , , . a rom. . b rom. . heb. . c isai . . . d mat. . . e isai . . . mica . . . f cap. . p. and c. . p. . g see hospinian . historia jesuitica . l . f. , , . and l. . throughout . thuanus hist . l. . h genevae , . * yet these plead for a toleration among us , and enjoy it . nota. i richardi dinothi historia de pello civili gallico , l . p. . &c. the general history of france . p. . hospinian . historia jesuitica f. . thuanus historia . l. . k dinothus , peter mathew , thuanus general history of france , meteranus , and others . l speculum jesuiticum , p. . m meteranus historia . l. . speculum jesuit . p. . n see h●spinian . historia jesuitica l. . f. . . o hidden workes of darkness brought to publique light . romes master-peece , conterburies doome . p exact collect. p. , . . . . to . . to . q the royal popish favourite p. , . hidden workes of darkness brought to light p. . r the royall popish favourite . p. . . hidden workes of darkness p. . nota * exact collect. p. , . s hidden workes of darkness brought to publique light p. . to . and romes master-peece . t see the kings declaration concerning that treaty , hidden workes of darkness . * speculum sive jubilaeum jesuiticum . u hidden workes of darkness p. . . canterburies doom . p. . nota. * see bellarmin . de no●is eccl. nota. . x speculum five jubilaeum jesuiticum . p. . to . y see hidden works of darkness brought to publike light , p. . to . the rise and progress of the irish r. bellion , and others . z hidden works of darkness , p. . * hidden work● of darknes , p. . * exact coll. p. , , to . a collection of ordinances , p. , , , , and the history of independency . * see tho. campanella de monarchi● hisp . c. , . * see the article of the instrument of government . * exact coll. p. , . , , , , . * is not ours so ●ow ? * see the new government of the common-wealth of england , artic. , , . , . . * alphonsi de va●gas relatio cap. . * speculum jesuiticum p. , . * see joh. . . ezech. . . to . levit. . . . job . . , c. . . to obad. . jer. . , . * alphonsi de vargas relati● &c. c. . . see c. , , , , , . & hospinian historia jesuitical . . * hidden works of darknesse brought to publique light , p. , . * exact coll. p. , &c. * quere , whether the high court of justice had not its title from hence * stew watsons dialogue between a secular priest and lay gentleman ▪ printed at rhemes , ● . p. . * and is not this the cheif reason of their late endeavoured alterations * and was not this the very principal engin lately used to alter our old fundamental government , cut off the king , and divest his posterity of their three kingdoms ? witnesse the armies printed declarations , and the junctoes votes in pursuance of them , jan. . . see mene t●kel percz by john rogers . * a great stickler against our laws and a promoter of this jesuitical designe . * this he hath since this epistle penned , affirmed in a printed speech in the painted chamber before a greater assembly , sep. . p. , . * the more shame for those who suffer it ? * therefore of the army and others rulers by this clear publike confession in print . * a● amongst other , eleazar and joseph bar isaiah , cheating impostors and villains , who bavecheated good people of some thousands of pounds the of them would have for tibly ravished a maid in march last , & fled away in the night to avoid apprehension , from dursly in glocestershire . he confessed in his drink he was a souldier in prince ruperts army . * jac. c. , . the arraignment of traitors , speed , stow. . jac. * romes master piece p. . &c. , . hidden works of darknesse brought to publike light p. . . . . . , . exact collection p. . . canterburies doom p. . c a collection of ordinances , &c. p. , , , , , . d hidden works of darkness , &c. p. , , . e see the letter in the appendix to my speech in parliament , & relation of the armies proceedings against the members : the ii. part of the history of independency . nota , * see the quakers unmasked . eliz. c. . eliz. c. . jac. c. , , , jac. c. . * my imprisoners have lately professed to me , that they knew ▪ not the cause why i was thus close imprisoned . * see causia , the jesuites holy court printed in folio . * t. p. the new faux is first . * see their declarations , proposals , and printed papers , . , , . & since for that purpose . * qui tam facile receptas & patrias leges cum novis aliis commutant , certe legum ipsarum authoritalem debilitant atque enervant . necenim tantum legis abrogatio proderit , quantum magistratibus non obediendi mos oberit . aristotle polit. l. . c. . ſ and since this in a printed speech , sept. . * hath not the army done this in our three nations ? see their own chaplain sedgewick , his justice on the armies remonstrance . t the monarchy of england hath been , . in the britons , . in the saxons , . in the danes , . in the normans royal line ' , & now the . must be elective in others . v de monarchia hisp . c. . see the epistle to my jus patronatus . x art. , , , , , , , . * luke . . rom. . . pet. . . col. , . heb. . . rev. . . * non abripit mortalia , qui regna dat coelestia . sedulius in hymno acrast : de vita christi . rex iste quinatus est non venit reges pugnando superare , sed moriendo mirabiliter subjugare . venit enim non ut regnet vivus , sed ut triumphet occisus ; nec ut de aliis gentibus auro exercitum quaerat , sed pro salvandis gentibus preti●sum sanguinem fundat . hujus pueri regnum non est de hoc mundo ; sed per ipsum regnatar in hoc mundo . ipse est enim sapientia dei , quae dicit in proverbiis , per me reges regnant . tu enim regnum nullatenus habuisses , nisi ab isto puero qui nunc natus est accepisses . claudius l. . in matth. y a true state , &c. p. . z see th● : 〈…〉 a see ●h●ir alm●n●●k● in janurary ▪ february ▪ 〈…〉 a de monarchia hispanica c. . p. , &c. * see h. . c. . h. . c. . h. . c. . . eliz. c. . * de monarchia hisp . c. . b de monarchia hispan . c. . c seewatsons quodlibets , p. . to . a dialogue between a secular priest and lay gentleman , printed at rhemes , . p. , , . d conte de galeazzo gualdo priorato , hist . part . . venetiis . p. , . * et quidem quid refert an mulieres ( & iesuitae ) praesint an hi qui praesunt mulieribus obedient ? arist . polit. l. . c. . nota. nota. ●ota . nota. e quodlib . . ar . . p. . . nota. f quodlibets p. . , , , , , , ● . g quodlibets p. , , , , , , , , , , &c , , . a dialogue between a secular priest & a lay gentleman , an. . h quodlibets p. to , , , see the right & jurisdiction of the prelate and prince , by j. e. * see i. e. his treatise of the right and jurisdiction of the prelat & prince , printed . & re-printed , by the jesuits . i quodlibets p. . k quodlibets p. , , and elsewhere . l quodlibets p. . , , . . * de monarchia hisp . c. . p. , . f josh . . , . & psal . . . psal . . . heb. . , . g when our saviour himself was apprehended , carried away prisoner , and like to be crucified , all his disciples forsook him , and fled , and peter denyed him with an oath , mat. . . . . and at pauls first appearance before nero , no mā stood with him , but all men forsook him , i pray god it be not laid to their charge , tim. . . . and so it is now with most publike sufferers . * zeph : . . † unusquisque majorem temporis sui partē in rebus privatis curandis ponit , & rempublicam nihil detrimenti ex hac sua negligentia cap●re posse putat ; sed & aliquam alium esse existimat qui rempublicam curet , ei pro setpso perspiciat . ita● cadem omnium privatorum opinionè universam rempublicam perdi , non animadvèrtit . thucidides h●st . l. . pag. . * exact coll. p. . . . * are they not now more ready to let it go , then ever ? & have not thousands done it ? h exact col . p. . . . nota. * nota. * fraudes propemodū omnes atque injuriae ab ambitione & ava●itia p●oficiseuntur . arist . polit. l. . c. . i see the armies old & new declarations against the parliam . & members . their true state of the commonwealth &c. which , mutato nomin● , is but a direct arraignment of themselves under the name of others . k exact col . p. . . , &c. l see their declarations in may , june , iuly , aug. in ●ovemb . decemb. jan. . an. , & . & their true state of the case of the commonwealth of england , &c. p. . to . ann. . with some other papers & speeches since . m exact collect . p. , . to . n exact col . p. , , to . , , . nota. o if one member suffer , all the members suffer with it , cor. . . p see cooks instit . c. . p. , , . . , , and my plea for the lords . q nor yet against my self , and other secured secluded and long imprisoned members . * see that of iune . of aug. & . , and the letters of iuly . . the declarations of nov. . dec. . . * job . . * and are they not so now , almost past hopes of any future re-planting ? * modus tenendi parliamentum . cook . instit . c. . * exact coll. p. . . , , . . , . , . a collection of ordinances , p. . . . * let those who took it , remember their violations of it , & repent , see exact collect. p. , . * was this verified by many of these remonstrants ? * exact coll. p. . . . to . , . . . , , , , , , , . , , , . , , , , , , . a collection , p. . , . * exact coll. p. , . , . * so stiled , exact col. p. . . . . . . . , . in the decl. of the lords & commons concerning his majesties proclamatiō . iune . . p. . besides the authorities in the . chap. * exact coll. p. . , . * horace . * exact col. p. , to . * exact coll . p. . see their declarations & papers of aug. . . d. c. . & jan. . where they thus declare and brand them . * quod pluribus visum probatumque fuerit , id in omnibus rebus-publicis valet . in oligarchia enim & aristocratia , & democratia , quod eorum qui rempublicam gerunt , majori partis placuerit , i. e. ratum ac firmum . politicorum l. . c. . see h. . c. . * which now they do . * see their impeachment of the xi . members , & the humble answer of the gen. councel & officers of the army , &c. jan. . . * have they not lately done so since this was penned , as well as heretofore ? * exact coll . p. . * and are they not so lost now ? * epistola ad solitariam vitam agentes . sir christopher sybthorpe his reply to an answer made by a popish adversary , dublin . p. , , . * see the declaration of the lords and commons , june . . concerning this statute . * is not the quartering of horse and foot in or near such places , to affright and overawe parliaments and their members , a violation of this law , proclamation , law and custom of all english parliaments , fit to be redressed ? * exact coll . p. . . , , , , , , , , , , , . . * let those observe this impeachment , who are now really guilty of it in the highest degree . * exact coll. p. , , . to . , , . , , , , , , . * exact coll. in the pages quoted before . * exact coll. p. , , . , . and elswhere . * see their declaration of june . . & aug. . dec. . * and their generals letter from bedford , july . * see a declaration of the gen. councel & armies engagements , &c. p. . * article , , , , , , , , , , , . * see exact collect. p. , . , the true and excellent constitution of our parliament . * exact col ! p. , . , nota. nota. * exact coli . p. . * exact coll. p. . * how much it and they have been dishonoured by the contrary , let the army officers read at leasure in militiere his victory of truth . nota. nota. * exact coll. p. . * who in their letters of july . . propositions of aug. . and other of their declarations , professed to all the world , that it was fully agreeable to all their principles , & should be their desires and endeavours to maintain monarchy , the priviledges and freedom of the parliament ; and the rights of his majesty and royal family , that so a lasting peace and agreement might be setled in this nation , &c. which otherwise , they confessed then in good earnest , could not be hoped for , nor expected . whence they intituled their printed book , a declaration of the engagements , remonstrances , representations , proposals , desires , and resolution from his excellency sir thomas fair●ax , and the general councel of the army , for setling of his majesty in his just rights , the parliament in their just priviledges , and the subjects in their liberties and freedomes : printed by their and the lords house special order london . let them now seriously consider and perform it in good earnest . * de clement . l. . c. . f psal . ▪ psal . . , &c. eccles . . , . t ez●k . . . v see king. . , to . esth . . . x deut. . . cor. . . rev. . . ephes . . . y plutarch arrianus , quintus curtius , suetonius , grimston , in the life of alexander , and julius caesar , balaeus , his lives of the popes . mornyes mystery of iniquity . z king. . , , . c. . , , . isa . . . to . a rev. . . to . c. . . . c. , . king. . . to . b ephes . . . c paterculus , pluta●●h , su●tomus , antonni chronica , grimston , and others , in hi● life . jacobus usserius ann●lium pars p●sterior , p. , . * do not some now by words and deeds , repute it and the people so ? * see mat. west . an . . kings . kings . . chron. . , , , . and our king richard the third . * see the turkish history in his life . * see huntingdon , mat. west . an. . grafton , speed , holinshed , fabian brompton , in the life of penda . d judg. . . to . e see joel . , , . mat. . . sir walter rawleighs preface to his history of the world , & dr. beards theatre of gods judgements , on the and commandements . f isa . . . . c. . , . psal . . . psal . . . g rom. . . . psal . . . * see part. . p , , , . b see sam. . , to . ch . . . sam. . , , . jer. . . i tac●●us in vita agricole . k jer. . , . * part. . ch . . † see the homilies against disobedience , & wilfull rebellion . * a declaration of the egagements , remonstrances , & resolutions of sir tho. fanfax , & the general councel of the armie , london , . p. . l cor. . . m recorded in livy , tully , plutarch , valerius maximus , and others . recta honesta digna imperio , digna populo romano , omnia pericula pro republica subire , mori pro patria . cicero de finibus bonorum , &c. p. . and tus●c . q●●aest . p. . n esth . . . * see their printed declarations of iune . . aug. . . . their agreement of the people , jan. . & government of the common-wealth of england , . moulded by them . * do not many now boast , talk , write of such a conquest by the army over england ? b quodlibets , p. , , , . c eliz. c. . eu. c. . . jac. c. . . jac. c. , . jac. c. . caroli . the act for triennial parliaments . * see j. e. his right & jurisdiction of the prelate and the prince ; cap. . becanus , bellarmine , lessius , eudoemon johannis , & others against this oath . d see the printed edicts repealing thē , & enforcing the engagement , an. . e see the propositions for the treaty . f see the preface to the covenant . g see the edicts for the engagement , an. . h bellarmin de pont●f . romano . sir hum : linde his via devia . * thucidides hist . l. . . plutarch , lysander , aristot . polit. l. , & . i see grotius de jure belli & pacis , l. . c. . p. . k watsons qu●dlibets , p. , , , , . l de monar . hisp . c. . m conte de galiazzo , gualdo priorato hist . part . p. , . * optandū quidem est , st modo respublica salva et incolumis futura sit , ut civitatis part●s omnes quidem sibi constent , in suo statu permaneant . at ut praesen●●ti statu gaudeant , reges regiae dignitatis splendore commoventur ; optimates senatoriae , haec enim illis pro virtutis suae praemio est : populus ephoriae . aristot . polit. l. . c. . n see cor. . . to . h. . c. . h. . c. . jac. c. , . jac. c. , . notes for div a -e a john . . cor. . . ephes . . . jam. . . b sa. . . . job . . ps . . & . pro. . . is . . . & . & . . & . . zech. . mic. . . joh. . eph . heb. . . & . & . pet. . c kin. . & . . & . , ezr. . . & . . ps . . . ezech. . . hag. . . zech. . & . mat. . , luke . . , . d isa . . . & . . ps . . cor. . , , . heb. . . pet. . rev. . . . e tim. . . heb. . . . f jer. . mic , . , luke . , matt. . , g lilburn tried and cast p. , . to , . ca●●es voice from the temple , which perswade● the subversion and abolishing of al former laws , especially for tithes and ministers support . * s●e the government of the cōmon-wealth of england , &c. artie . . . . , , ● , , , , , , , , . * the●● . . . * see exact collect. and a general collection of all ordinances , &c. * s●e culpepers and ●illy's m●rlins and almanacks , john cannes voice . lilb . tried and cast , with many petitions and pamphlets against the law and lawyers . the order of aug. . . that there should be a committee selected to consider of a new body of the law for the government of this common-wealth . * exod. . . * summumjus , est summa injuria , cic. de officiis p. . * lilbourn tried and cast p. , , , to and elsewhere . john cannes ● voice from the temple . john rogers mene tekel , perez . p. . lilly and culpeper in their prognostications an. , & . see the armies proposals . see the and proposition in cap. . * see the government of the common-wealth of england , &c. arti● . the writs and printed returns for new ●lections ; and enforced new test and engagement imposed on the three kingdoms and new members , se●luding m●●● , of them . see proposition . in ch . . nota. * o how are they now degenerated ! * and should they not be so now then ? * and should we now at last fail herein ? * how dare then any self created powers who are neither kings nor parliaments now arrogate to themselves , or exercise such a super-reg al arbitrary power and prerogative , against all our laws and the●● own instrument and oaths . nota. * and oh that we would follow it now again , both in and out of parliament ? nota. * see the whitehall ordinances for the six months contribution , excise , till . tunnage & poundage till . beyond all presidents in any age , and the very words and letter of the article of their government . nota. * yet those who have pulled down our kings as tyrants , now presume to do it : witness their new white-hall laws and ordinances , amounting to near . pages in folio in a few moneths space . * and do not those do so , who now ●ay monethly taxes , excises , customs and new imposts on us daily , out of parliament , and that for many moneths and years yet to come , against the letter of their own instrument and oath too ? * and are they not so now ? * . h. . c. . see cooks in●●it . p. , ● . proposition , proposition . * see canterburies doom , p. . exact coll. p. . * exact collect. p. , . * exact coll. p , , ● , . see chap. . proposit . , . . * do not the army officers now enforce them to all this without a parliament , to support their usurped new powers and possessions , and establish themselves in a most absolute soveraignty over our three kingdoms ? nota. * these expostulations reach to them at whitehall now , who presume to impose taxes , customs , excises and make binding laws and instruments for our whole kingdomes , nations , parliaments , which no king there ever did in like nature , nor their c●●●cels in any age . * see the true state of the case of the common-wealth of england , &c. p. , . * exact collect : p. . * a collection of all publike orders , ordinances , and declarations of parliament , p. , , , . * how have others of late ( which they stile parli●ments ) been convened ? * yet forcibly dissolved by the army , and some now in power , against their commissions , oaths , trusts , protestations covenant , and an act of parliament for their continuance ; who may do well to peruse this clause . see c. . proposition , . * a collection &c. p. . * a collection &c. p. , , . * and is not all this now proved a reall experimental truth , in some of these remonstrants , to their shame ? * and can most of these remonstrants in late or present power , now say this in truth or realty ? and must not they be utterly ashamed , confounded , before god and man , when they consider how they have dissembled , prevaricated with god and men herein , in each particular ? * and can the new modellers of our government over and over , who were parties to this declaration , & then members of the commons house , say so now ? or read this without blushing and self-abhorrence ? * is not a superintendent power in the army over , above & against the parliament or people , far more dangerous & likely to introduce such an arbitrary government in the nation , if lest in the general , officers or their councels power ? * did not the imposing a strange new engagement , and sundry arbitrary committes of indemnity , &c. int●r●upt it in the highest degree ; and the misnamed high courts of justice , falsifie this whole clause ? * exact collect. p. . . . . . . . . . * see the humble remonstrance against the illegall tax of ship-money briefly discussed , p. . &c. englands birth righ & their treatises . the declaration of sir thomas fairfax , and the army under his command , tendered to the parliament , june . . concerning the just and fundamental rights and liberties of the kingdome . * walsingham , stow , holinshed speed grasion , trussel , baker in r. . john stows survey of london p. . to mr. st. johns argument at law , at straffords attainller p. . * the statutes at large , stow , holinshed , speed , grafton , baker trussel , in & r. . & h. . m. st. johns speech concerning the ship-mony judges p. . to . and argument at law , at straffords attainder . * as some of late years have done . * m. st. johns argument at law , at straffords attainder p. , , . * hall , fabian holinshed , speed , grafto● , stow , martin , baker . * and have not others of late assumed to themselves more royal power than he ? resolved to be treason by . ● . . rot. parl. & cooks . institut p . * to wit by cade and his confederates for the alteration of the laws * see mr. st. johns argument against strafford , p. . halls chronicle and holinshed . * cooks . institutes p. , . * cooks . institutes c. . p. . to . * see speed , hollinshed , grafton , stow , antiquitates ecclesiae brit. p. . & . and godwin in his life . * mr. st. johns argument against strafford p. , . * cooks instit . c. . p. , . mr. st. johns argument at law against strafford , p , , . * see the journals of both houses , & act for his attainder . mr. pyms declaration upon the whole matter of the charge of high treason , against him , aprill . . mr. st. johns argument at law , at his attainder , and diurnal occurrences . * see the commons and lords journals , his printed impeachment , mr. pyms speech thereat , canterburies doom p. , , , , . see chap. . proposition . * do not others now do it , who impeached and condemnedhim , in an higher degree then he ? * is it not so in the new instrument article . , , , , , , , , , , , , , , , , , ▪ , , , , , , , . . of our new government , and those that compiled and prescribed it to the kingdoms . * are there not more such matters contained in the new instrument of government than in these ? * have not arbitrary committees in most places done the like , or worse , in many cases ? * have not others done the like in an higher degree ? * see the commons and lords journals , diurnal occurrences , p. , , , to . and mr. st johns speech at a conference of both houses of parliament concerning ship money & these judges . togegether with the speeches of mr hide , mr. waller , m. pe●rpoint , m denzill hollis at their impeachments , july . . aggravating their offences , in diurnal occurrences and speeches , p. to . * now others presume to do it without writ of consulting with the judges who condemned it in them . see c. proposition . * have not others been sole judges of it , and other pretended dangers since ? nota. * and are they not so now ? * and did not some at white-hall do so of late , and now too witnesse their volumes of new declarations , edicts , ordinances there made . * have not others taken up such principles in their practises , proceedings even against kings kingdomes , parliament , peers , as well as private persons ? nota. * note this , all the whole commons-house opinion then . * is not this an experimental truth now ? * and were they ever so base , cowardly , slavish as now ? * was ever their power , violence so unlimited , unbounded in all kinds as now , against kings , kingdoms , parliaments , peers , people ? * is it not most true of late and still ? note * see article , , , ● , , , , , , , , , , , , , , , , , , , & p. , . of the government of the common-wealth of england , &c. * doth not the declaration of march and the instrument of the new government do it , in the highest degree ▪ * and others as well as he , of far inferiour place & estate . * but have not our times bred men much bolder than he , since this speech was made , and he executed ? * since , he hath many followers . * p. . * have none done so since them ▪ see chap. . proposition . . * have not other pioneers and judasses done the like ▪ * this is grown a meer paradon of late years , in judges , souldiers & others . * what are they now of late times of publike changes ? * see h. . c. . . magna charta c. . . . h. . c. , , , , . e. . c. , , . e. . c. , , , , , , , . e. . c. , . e. . c. , . e. . c. . e . c. . e. . c. . e . c. . . rastal justices . * was it ever so frequent a sin as now in all sorts of late judges , officers , subjects ▪ * do none deserve as severe now ? * see cookes . institutes p. , , and page . holinshed , page , . speeds history page . stow , walsingham , daniel in e. . * see cooks . instit . p. . * have none of this name , or of this function since done as bad or worse in an higher degree ? * let custodes legum & libertatum angliae and those now called judges , remember it ▪ * let the reporter and others now consider it * eliz. c. ▪ jac. c. . jac. c. . * this is nothing incomparison to the late taxes , ship mony , excises imposed on the subjects , without a parliament , amounting to above times as much as the kings ship mony , and more frequent , uncessant , and endlesse then it . * are we now beholding to it for any thing against the onely new law of the longest sword ? which takes , imposeth what when , and how much it pleaseth , without accompt , or dispute , from all sorts and degrees of persons ; and that by those who were commissioned , trusted , engaged by oaths , protestations , vows , league and covenant to preserve our laws and properties . * is there any between the late & present powers and them , further or longer than they please ▪ * are they not so now ? * it is not so now , when others who condemned and beheaded him for a tyrant , say , pretenda●d act it over and over . nota. * worth consideration of those of the long robe . * and how mamy are guilty of this treason see hos . , . cap. . , . cap. . . cap. . . zech. . v. . hab. . , , . mic. . , . amos . , , . lam. . . ezech. . . . isay . . c. . . jer. . . . cap. . , . cap. . . to . cap. . to . cap. . . proverb . . ezech. . . cap. . , isa . verse . daniel . verse . * are they so now ? and who have dissolved the ligaments that formerly united and held them together ? * have we not many counterfeit laws and acts of parliament of law ? and yet some counterfeit judges that execute and give them in charge as true ones ? * see exact . collection , p. . , . . * surely there are sundry falshoods in it , as well as some truths . * if we believe themselves in their own cases * some mens act ons since , declare they had some other ground and ayms than this . * those who severe and disjoynt one house from the other ; and by force & armed power seclude , exclude and disjoyn the members of the same house , one from another , so many times one after another , & justifie it too , are the greatest disjoyners of the house and parliament , and very unlikely to make any firm or reall settlement of this nation . * see my speech in parliament , p. . to . a see gratian , caus . . qu. . . summa angelica , rosella , & hostiensis . tit. restituito . * see speeds hist . p. . &c. mr. vicars history of the gunpowder-treason , the arraignment of traytors . * judg. . . * see the laws of king edward the confessor , confirmed by william the conquerour , lex . , , . the great charters of king john , and henry . c. , . e. . c. , . e. . de tallagio . c. , e. . stat. . c. . stat. . c. . e. . stat. . c. . e. . stat. . c. . e. . rot. parl. n. . e . rot. parl. n. , e. . stat. . c. . e. . rot. parl. n. . ● . . c. . e. . rot. parl n. . h. . rot. parl. n. . r. . c. . the petition of right , caroli , the acts against ship-money , knighthood , tonnage , and poundage , . & . caroli . * see magna charta , c. . & cooks institutes on it . e. . c. e. . c. , e. . c. e. . c. ▪ e. . c. e. . c. r. . c. h. . c. h. . c. h. . c. the petition of right , caroli , and other acts in ch . . h . rot. parl. n. . & . * e. . c. ● r. ● . c. * see the laws of edward the confessor , and william , the conqueror , lex . . , , . ras●●als abridgement . tit. armour . e. . c. . rot. parl. n. ▪ the statures for impressing souldiers , & ● caroli . 〈◊〉 e. . stat. . c . h. . c. . exact collection , p. , . a see magna char. c. . e. . c. . e. . c. , e. . rot. parl. n. . ● e. . n , , . ● e. . c. rot. parl. n. . e. . c. . e. . c. ● . . e. . c. . . r. . parl. . c. . r. . c. . h . rot. parl. n. . . h. . c. . the petition of right , car. and the statutes against ship-money , knighthood , tonnage and poundage , , & caroli . b see sam. . , to the end . c. . , . c. . . sam. . , , . c. . . king. . . to . c. . ● . c. . , . . king. . . to . c. . . c. . . c king johns magna cha●ta , matth. paris , p. . r. . c. . cook● . instit c. . my plea for the lords , my ardua regui , the levellers levelled ▪ and epistle before my speech in parliament . e. . c. . e. . c. . e. . n. . r. . n. . r. . n. , . d see h. . c. . . e. . c. . ● h. . n. , . . h. . c . * see rastals abridgement of statutes , title , provision● premunire , & rome . e leges edwardi regis , c. , lambards arch. f. , . cooks . report , calvins case , f. , . leges willielm● regis lex . , . seldens notae ad eadmerum , p. . h. . c. . , , h. . c. . h. . c. . h. . c. . h. . c. . eliz. c. . . . eliz. . c. . jac. c. , . . jac. c. , , , . jac. c. . the protestation , league and covenant , and the ancient oathes of fealty , homage , mayers , sheriffs , free-men . * daniels history p. . . . . n. . r. . h . r. . . . n. . . h. . r. . . r. . n. ● . . h. . n. . h . n. . . . h. . n. . . h. . n. . . g. n. ● . e. , n. . a see my declaration and protestation against the illegal , detestable , oft-condemned new tax , and extortion of excise , . exact collection , p. . mr. st. johns speech concerning ship-money . p. , . * exact collection , p. . nota. nota. * and is not this its present sad slavish condition ? * do they not so on beer , salt , and other manufactures , for which they ▪ now pay excise ? * witness mr. ●ony amongst others . nota. see the arguments concerning them in mr. hambdins and others cases . . * see cook ; . justi . c. . brooks parliament . . . and my plea for the lords . * see cooks . justit . c. . and rastal . taxes . nota. nota. nota. * though he came in by the sword , as a kind of conquerour . nota. nota. * and are not all the commons merchants , freemen of england bound to use the same course , and make the s●me declaration now ? nota. * and can our p●esent grandees take it in ill part if we refuse to pay them now , being demand●d without warrant of a law , and the receivers of them in a premunire by express act of parliamen of caroli , made since this remonstrance . a alderman chambers , mr. rolls , and others . nota. * exact collection p. . to . * see historiae anglicanae londini . . col. , . halls chronicle f. , . john trussel in . . r. . p . grafton p. . nota. * see mr. st. johns argument at his attainder . p. . to . * see judge crooks , & judg huttons printed arguments , & my humble remonstrance against the illegal tax of shipmony . * printed at the end of judge huttoes a●gument , & amongst the sta●utes of caroli . * chap . p. diurnal occurences & speeches , p. . to . objection . answer . * see p. to before the proposition , and statutes , arguments thereunto : specially e. . c. . . . e. . c. , , . e. . c. , and stat. . c. . caroli the petition of right . * see their impeachments & printed trials , & mr. st. johns argument at law against strafford , p. , . * cook inst . p. . r. . c. . h. . rot , parl. n. . h. . c. . r. . c. , , . h. . c . rot . parl. n . . . * see sir edw. cooks preface to his . institutes . * jer. . . c. . , , . ps . . ezech. . . to . c. . , , , , . c. . . to . c. . . mich. . . to . c. . , , . c. . . isa . . * see true , &c. p. , . objection . answer . * math. paris hist . angliae london . . p. . , . * see m● . sr. johns speech against the ship-money judges , p. , ▪ , . exact . collect . p. . * see heylyns microcosme . p. , , , , . . . . . . . * exact coll. p. . . , , . . . . to . * see the act of resumption , ● . . . . a see cooks inst●t . c. . p. . regal taxes , & here ch . . sect . , , . * see e. . c. . & stat . . c. . . r. . stat . . c. , , & all acts for 〈◊〉 . * see henry de knyghton , de eventibus angliae , l. . col . . to . r. . rot . parl. n. , , . * q● . curtius , hist . l. . p. . * qu. curtius , hist . l. . * printed at nu●●mbergh , . * see revelationum l. . c. , . l. . c. . l. . c. . & rev●lationes extravagantes . c. , . * revelationum l. . c. . * math : paris hist . angl. p. . * de remedio amo●s , l. . * see mat. pa●●s p. . . grafton , p. . . daniel , p. , , , . r. . rot. parl. to . h. . n. . h. . n. , . h. . n. . h. . c. . h. . rot parl. n. . h. . c. . . h. . n. . e. . n. . . e. . n. . king charles ii. his declaration to all his loving subjects of the kingdom of england. dated from his court at breda in holland, the / of april . and read in parliament, may, . . together with his majesties letter of the same date, to his excellence the lord general monck, to be communicated to the lord president of the council of state, and to the officers of the army under his command. charles ii, king of england, - . this text is an enriched version of the tcp digital transcription b of text r in the english short title catalog (wing c ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo b wing c estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. b ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) king charles ii. his declaration to all his loving subjects of the kingdom of england. dated from his court at breda in holland, the / of april . and read in parliament, may, . . together with his majesties letter of the same date, to his excellence the lord general monck, to be communicated to the lord president of the council of state, and to the officers of the army under his command. charles ii, king of england, - . albemarle, george monck, duke of, - . sheet ([ ] p.) re-printed by christopher higgins in harts close, over against the trone-church, edinburgh : . caption title. royal arms at head of text; initial letters. includes two communications from charles ii in exile: the first, a general declaration to his subjects; the second, a letter to general george monck. text of declaration in black letter. reproduction of the original in the national library of scotland. eng great britain -- politics and government -- - -- early works to . great britain -- history -- restoration, - -- early works to . broadsides -- scotland -- th century. b r (wing c ). civilwar no king charles ii. his declaration to all his loving subjects of the kingdom of england. dated from the his court at breda in holland, the / england and wales. sovereign a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - paul schaffner sampled and proofread - paul schaffner text and markup reviewed and edited - pfs batch review (qc) and xml conversion royal blazon or coat of arms c r honi soit qvi mal y pense king charles ii. his declaration to all his loving subjects of the kingdom of england . dated from his court at breda in holland , the / of april . and read in parliament , may , . . together with his majesties letter of the same date , to his excellence the lord general monck , to be communicated to the lord president of the council of state , and to the officers of the army under his command . charles by the grace of god king of england , scotland , france and ireland , defender of the faith , to all our loving subjects of what degrée or quality soever , gréeting . if the general distraction and confusion which is spread over the whole kingdom , doth not awaken all men to a desire and longing that these wounds which have so many years together been kept bleeding , may be bound up , all we can say will be to no purpose ; however , after this long silence , we have thought it our duty , to declare how much we desire to contribute therunto : and that as we can never give over hope in good time to obtain the possession of that right which god and nature hath made our due , so we do make it our daily suit to the divine providence , that he will in compassion to vs and our subjects ( after so long misery and sufferings ) remit us and put us into a quiet and peaceable possession of that our right , with as little blood and damage to our people , as is possible ; nor do we desire more to enjoy what is ours , than that all our subjects may enjoy what by law is theirs , by a full and entire administration of iustice throughout the land , and by extending our mercy where it is wanting and deserved . and to the end that the fear of punishment may not engage any conscious to themselves of what is past , to a perseverance in guilt for the future , by opposing the quiet and happinesse of their country , in the restoration both of king , peers and people , to their just ancient and fundamental rights : we do by these presents declare , that we do grant a full and generall pardon , which we are ready to pass under our great seal of england , to all our subjects of what degree or quality soever , who within fourty dayes after the publication hereof shall lay hold upon this our grace and favour , and shall by any publick act declare their doing so ; and that they return to the loyalty and obedience of good subjects , excepting only such persons as shall hereafter be excepted by parliament , those only excepted . let our subjects how faulty soever , relye upon the word of a king , solemnly given by this present declaration , that no crime what soever committed against us or our royal father before the publication of this , shall ever rise in judgment , or be brought in question against any of them , to the least indamagment , either in their lives , liberties or estates , or ( as far forth lies in our power ) so much as to the prejudice of their reputations , by any reproach or term of distinction from the rest of our best subjects . we desiring and ordaining , that hence forward all notes of discord , separation and difference of parties , be utterly abolished among all our subjects , whom we invite and conjure to a perfect vnion among themselves under our protection , for the resettlement of our just rights and theirs in a free parliament ; by which upon the word of a king we will be advised . and because the passion and uncharitablnesse of the times have produced several opinions in religion , by which men are engaged in parties and animosities against each other , which when they shall hereafter unite in a freedom of conversation will be composed or better understood : we do declare a liberty to tender consciences , and that no man shall be disquieted or called in question for differences of opinion in matters of religion , which do not disturb the peace of the kingdom ; and that we shall be ready to consent to such an act of parliament , as upon mature deliberation shall be offered to us for the full granting that indulgence : and because in the continued distractions of so many years , and so many great revolutions , many grants and purchases of estates have béen made to and by many officers and soldiers , and others , who are now possessed of the same , and who may be liable to actions at law upon several titles , we are likewise willing that all such differences , & all things relating to such grants , sales and purchases shall be determined in parliament , which can best provide for the just satisfaction of all men who are concerned . and we , do further declare , that we will be ready to consent to any act or acts of parliament to the purposes aforesaid , and for the full satisfaction of all arrears due to the officers and souldiers of the army , under the command of general monck : and that they shall be received into our service upon as good pay and conditions as they now enjoy . given under our sign manuel and privy signet at our court at breda this fourtéenth day of april , . in the twelveth year of our reign . received the first of may , . charles r. trusty and wel-beloved , we greet you well : it cannot be believed but that we have been , are , and ever must be , as solicitous as we can , by all endeavours , to improve the affections of our good subjects at home , and to procure the assistance of our friends and allyes abroad , for the recovery of that right , which by the laws of god and man , is unquestionable ; and of which we have been so long dis-possessed by such force , and with those circumstances , as we do not desire to agravate by any sharp expressions , but rather wish , that the memory of what is passed , may be buried to the world . that we have more endeavoured to prepare , and to improve the affections of our subjects at home , for our restoration , then to procure assistance from abroad , to invade either of our kingdoms , is as manifest to the world : and we cannot give a better evidence that we are still of the same minde , then in this conjuncture , when common reason must satisfie all men , that we cannot be without assistance from abroad , we choose rather to send to you , who have it in your own power , to prevent that ruine and desolation which a war would bring upon the nation , and to make the whole kingdom owe the peace , happiness , security and glory it shall enjoy , to your vertue ; and to acknowledge that your armies have complyed with their obligations , for which they were first raised , for the preservation of the protestant religion , the honour and dignity of the king , the priviledges of parliament , the liberty and property of the subject , and the fundamental laws of the land ; and that you have vindicated that trust , which others most perfidiously abused and betrayed : how much we desire and resolve to contribute to those good ends , will appear to you by our enclosed declaration , which we desire you to cause to be published for the information and satisfaction of all good subjects , who do not desire a further effusion of precious christian blood , but to have their peace and security founded upon that which can only support it ; an unity of affections amongst our selves , an equal administration of justice to men , restoring parliaments to a ful capacity of providing for all that is amiss , and the laws of the land to their due veneration . you have been your selves witnesses of so many revolutions , and have had so much experience , how far any power and authority that is onely assumed by passion and appetite , and not supported by justice , is from providing for the happinesse and peace of the people , or from receiving any obedience from them without which no government can provide for them , that you may very reasonably believe , that god hath not been well pleased with the attempts that have been made , since he hath usually encreased the confusion , by giving all the successe that hath been desired , and brought that to passe without effect , which the designers have proposed , as the best means to settle and compose the nation ; and therefore we cannot but hope and believe , that you will concur with us in the remedy we have applyed , which , to humane understanding , is only proper for the ills we all groan under ; and that you will make your selves the blessed instruments to bring this blessing of peace and reconciliation upon king and people , it being the usual method in which divine providence delighteth it self , to use and sanctifie those very means which ill men design , for the satisfaction of private and particualr ends and ambition , and other wicked purposes , to wholsome and publick ends , and to establish that good which is most contrary to the designers ; which is the greatest manifestation of gods peculiar kindness to a nation , that can be given in this world . how far we resolve to preserve your interests , and reward your services , we refer to our declaration ; and we hope god will inspire you to perform your duty to us , and to your native country , whose happiness cannot be separated from each other . wee have entrusted our welbeloved servant , sir iohn greenvile , one of the gentlemen of our bed-chamber , to deliver this unto you , and to give us an accompt of your reception of it , and to desire you in our name , that it may be published . and so we bid you farewell . given at our court at breda , this / of april , . in the twelfth year of our reign . received the first of may , . to our trusty and welbeloved general monck , to be by him communicated to the president and council of state , and to the officers of the armies under his command . edinbvrgh , re-printed by christopher higgins in harts close over against the trone-church , . the queenes letter to the kings most excellent majesty. expressing her royall inclination to his sacred majesty; and the peace of the kingdomes committed to his charge. with her gracious advice to his majesty, concerning the propositions, delivered to his majesty, at hampton court, sept. . . by the commissioners of both houses of the parliament of england, and the commissioners of the kingdome of scotland. translated out of the french copy, and commanded to be printed for publicke satisfaction. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing q e thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) the queenes letter to the kings most excellent majesty. expressing her royall inclination to his sacred majesty; and the peace of the kingdomes committed to his charge. with her gracious advice to his majesty, concerning the propositions, delivered to his majesty, at hampton court, sept. . . by the commissioners of both houses of the parliament of england, and the commissioners of the kingdome of scotland. translated out of the french copy, and commanded to be printed for publicke satisfaction. henrietta maria, queen, consort of charles i, king of england, - . [ ], , [ ] p. s.n.], [london : printed in the yeare . septemb. . "suppositious"--thomason catalogue. place of publication from wing. reproduction of the original in the british library. eng charles -- i, -- king of england, - -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason e _ ). civilwar no the queenes letter to the kings most excellent majesty.: expressing her royall inclination to his sacred majesty; and the peace of the king henrietta maria, queen, consort of charles i d the rate of defects per , words puts this text in the d category of texts with between and defects per , words. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - megan marion sampled and proofread - megan marion text and markup reviewed and edited - pfs batch review (qc) and xml conversion the queenes letter to the kings most excellent majesty . expressing her royall inclination to his sacred majesty ; and the peace of the kingdomes committed to his charge . with her gracious advice to his majesty , concerning the propositions , delivered to his majesty , at hampton court , sept. . . by the commissioners of both houses of the parliament of england , and the commissioners of the kingdome of scotland . translated out of the french copy , and commanded to be printed for publicke satisfaction . printed in the yeare . septemb. . to the kings most excellent majesty . my deare heart : as there could no occasion minister greater griefe to my sorrowfull heart , th●n to heare of a short adjournement of these unnaturall divisions betweene you and your liege people ; and presently to have the consuming flames of a new warre , suddenly breake out afresh in your languishing kingdomes , so there could no welcomer newes salute mine eare , then speedily to heare of a finall period to be put to these unhappy distractions ; that so the sweete harmony of desired peace and concord , ( which produceth most blessings ) may reunite you and your subjects , and tie you fast each to other in the sacred bands of love andvnity , the only meanes under god , to support your royall estate with honour and plenty at home , and with power and reputation abroad : therefore i shall desire your majestie to grant your parliament and people whatsoever with a good conscience and honour , you may , for the further prevention of shedding of innocent blood , and preservation of those committed to your charge . sir , assure your selfe , nothing shall be displeasing to me , that pleaseth you , my lord ; for i shall for ever esteeme your good , and the good of all your faithfull subjects , the only businesse of all my actions , and shall be contented to share with you , and them ( not only in blessings ) but even in the worst of calamities that can happen to a disconsolate , and unjust banished wife : but sir , i from my heart forgive all the opprobrious tongues and pens , that have cast their calumnies on my unspotted integrity , and shall pray to the king of kings , and to your sacred majesty to doe the like . concerning the propositions tendred your majesty , i humbly conceive ; the chiefe things to be considered , will be two , conscience and policy : for the first , i know it never entred into your royall thoughts to change the government by bishops , no● only concurring with the most generall opinion of most christians in all ages , as being the best ; but considering you hold your selfe bound by the oath you tooke at your coronation , not to alter the government of the church , from what you found it . and for the churches patrimony , you cannot suffer any diminution or alienation of it , without danger to your conscience , or br●ach of your coronation oath ; but for whatsoever shall be offred for the rectifying abuses crept into the church in government of discipline , or for the ease of tender consciences . ( endangering not the foundation ) i desire your majesty to lend a speedy eare unto , and give your gracious answer therunto : for as it is your majesties duty to protect the church ; so it is the churches duty to assist your majesty in maintaining your just authority ; for as your predecessors have beene alwaies carefull to keepe the dependency of the clergy intirely upon the crowne , without which ( as i humbly conceive ) it will scarcely sit fast upon your royall head ; therefore it much behoves your majesty to doe nothing to change or lessen this so necessary dependency . the other maine proposition will be concerning the militia ; next to conscience certainely there is no fitter subject for a kings quarrell , for without it your majesties power is but a shadow , and therefore by no meanes to be quitted ; but to be maintained according to the knowne lawes of the land : yet for the speedy attainment of this so long looked for and wished for peace , prayed for by all good christians , that your majesty may be pleased to permit the city of london , and all other strong holds and garrisons , with other military forts , to reside in the hands of the parliaments lord generall , sir thomas fait fax , untill articles be performed and agreeed upon , to give such further assurance for performance of conditions , as your majesty shall judge necessary for the concluding a firme and lasting peace ; which being once setled , all things may returne , and run in their ancient channels . i have received a petition from divers earles , lords , and gentlemen , now banished , and exempted from pardon , who desired that i would move your majesty to intercede betweene them and your parliament , that the edge of so severe and sharpe a censure , as perpetuall banishment may be abated by your great clemency , candor , and goodnesse , and they rerestored into favour , and their sequestrations taken off when peace shal be firmly established , which i know your majesties mercifull disposition , will ( when you shall see time ) consider of . thus , deare heart , understanding the commissioners were arived at your court of hampton with propostions , i thought good to put you in minde , that you have a care of your honour , and that if you have a peace , it may bee such as may hold . farewell , my deare heart , i cannot write any more , but that i am absolutely . yours ▪ finis . to the kings most excellent maiesty the humble petition of the major, aldermen, and common councell of the city of london. city of london (england). court of common council. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing t thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) to the kings most excellent maiesty the humble petition of the major, aldermen, and common councell of the city of london. city of london (england). court of common council. sheet ([ ] p.) by r.c. for joh. bellamie, and ralph smith, printed at london : . "concerning ireland, the five members, etc."--steele. reproduction of the original in the british library. eng england and wales. -- parliament -- early works to . ireland -- history -- rebellion of -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no to the kings most excellent maiesty. the humble petition of the major, aldermen, and common councell of the city of london. city of london a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion to the kings most excellent maiesty . the humble petition of the major , aldermen ; and common councell of the city of london . may it please your most excellent majesty , the often expressions of your majesties gracious acceptance , of the manifestation of the petitioners duty , and loyalty , and the frequent declarations , of your majesties great care , of the good and welfare of this city , and of the protestant religion , and of protecting and preserving the persons and priviledges of your great councell , assembled in the high court of parliament . hath incouraged the petitioners , to represent the great dangers , feares , and distractions , wherein the city now is , by reason of the prevailing progresse , of the bloody rebels in ireland , fomented , and acted , by the papists and their adherents ; and want of ayd to suppresse them ; and the severall intimations they have had , both forraine and at home , of the driving on of their designes , tending to the utter ruine of the protestant religion ; and of the lives and liberties of your majesties loyall subjects , the putting out of persons of honour and trust from being constable and lieutenant of the tower , especially in these times , and the preparations there lately made , the fortefying of white-hall with men and munition in an unusuall manner , some of which men , with provoking language , and violence , abused divers citizens passing by , and the drawing divers swords , and therewith wounding sundry other citizens in westminster-hall , that were unarmed : the late endeavours used to the innes of court ; the calling in divers canoneeres , and other assistants into the tower , the late discovery of divers fireworkes in the hands of a papist , and the mis-understanding betwixt your majesty and parliament , by reason of mis-informations , as they humbly conceive . besides all which , the petitioners feares are exceedingly increased by your majesties late going into the house of commons , attended with a great multitude of armed men , besides your ordinary guard , for the apprehending of divers members of that house , to the indangering of your sacred person , and of the persons and priviledges of that honorable assembly . the effects of all which feares tend not onely to the overthrow of the whole trade of this city and kingdome , which the petitioners already feele in a deepe measure , but also threatens the utter ruine of the true protestant religion , and the lives and liberties of all your loyall subjects . the petitioners therefore most humbly pray your saecred majesty , that by the advice of your great councell in parliament , the protestants in ireland may be speedily releived ; the tower put into the hands of persons of trust , that by removeall of doubtfull and unknowne persons from about white hall , and westminster , a knowne and approved guard may be appointed for the safety of your majesty and parliament , and that the lord mandevile , and the five members of the house of commons lately accused , may not be restrained of liberty , or proceeded against , otherwise then according to the priviledges of parliament , and the petitioners , as in all duty bound , shall pray for your majesties most long and happy raigne . printed at london by r. c. for joh. bellamie , and ralph smith . . royalty and loyalty or a short survey of the power of kings over their subjects: and the duty of subjects to their kings. abstracted out of ancient and later writers, for the better composeing of these present distempers: and humbly presented to ye consideration of his ma.tie. and both howses of parliament, for the more speedy effecting of a pacification / by ro: grosse dd: grosse, robert, d.d. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing g thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) royalty and loyalty or a short survey of the power of kings over their subjects: and the duty of subjects to their kings. abstracted out of ancient and later writers, for the better composeing of these present distempers: and humbly presented to ye consideration of his ma.tie. and both howses of parliament, for the more speedy effecting of a pacification / by ro: grosse dd: grosse, robert, d.d. [ ], p. s.n., [london : ] t.p. is engraved. place of publication from wing. annotation on thomason copy: "july th ". imperfect: heavy foxing in places, affecting text. reproduction of the original in the british library. eng prerogative, royal -- early works to . divine right of kings -- early works to . executive power -- early works to . kings and rulers -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason e _ ). civilwar no royalty and loyalty or a short survey of the power of kings over their subjects: and the duty of subjects to their kings.: abstracted out o grosse, robert, d.d. d the rate of defects per , words puts this text in the d category of texts with between and defects per , words. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - john pas sampled and proofread - john pas text and markup reviewed and edited - pfs batch review (qc) and xml conversion ד ה ד ח ד royalty per me reges regnant quam bonum est conuenire regem & populum conuenire loyalty subdite estate potestati superem 〈…〉 royalty and loyalty or a short survey of the power of kings over their subjects : and the duty of subjects to their kings . abstracted out of ancient and later writers , for the better composeing of these present distempers : and humbly presented to ye consideration of his ●ma . tie and both howses of parliament , for the more speedy effecting of a pacification . by ro grosse 〈…〉 by gods comand wee rule this land . wee are all yours and what is ours . chap. . the kings royaltie : or the power of kings over their svbiects . at the first , there was no distinction , or difference of men ; one man was as good as another : but afterwards , some excelling others in desert , were preferred before others in place . nature , saith gregorie , did produce all men alike : but the order of their ments varying , occult dispensation did prefer some before others . but this distinction , which happened from sin , is rightly ordered by the just judgement of god , that , because all men doe not goe the same course of life , one man should be governed by another . st. augustine saith , that god would not that man , a rationall creature , made after his owne image , should domineere over any but irrationall creatures ; not man over man , but man over beasts . hence it was that those first just men , were constituted rather pastors of sheepe , than governours of men : that even so , god might insinuate both what the order of the creatures did require , and what the merit of sinne had deserved . if men had continued in their first integrity and state of innocencie , there had beene no use of emperours , or commanders : every man would have seemed a king unto himselfe ; nor would he have had any other law-giver , than god and nature . but when this could not be obtained , and the perversenesse of degenerous man-kind grew such , as that breaking the bonds of all lawes , they left nothing unattempted , which did not tend to the height of impiety , there was a great necessity of magistrates ; without whose prudence , and diligence , a city could not then consist ; and by whose description and putting men into order , the government of each common-wealth is still continued , and preserved . hence came the command of man over men : without which , as cicero saith , neither house , nor city , nor nation , nor mankind , nor the nature of things , nor the world it selfe can subsist . for to governe , and be governed , is not onely ( according to aristotle ) amongst those things that are necessary , but those things that are profitable . and to use st. chrysostoms words , in our dialect : if you take away judiciall tribunals , you take away all order of life : for , as a ship cannot but miscarry without a pilot ; and an army cannot march in due number , or decent order , without a captain : so , without a governour , a city cannot be well ordered ; and without a king , a kingdome must needs come to ruine . if you take a king from his command , or authority from a king , we shall live a more beastly life , than irrationall creatures : some biting and devouring others ; he that is rich , him that is poore ; he that is strong , him that is weaker ; he that is fierce , him that is milder ; so farre , and to this purpose , the golden-mouthed chrysostome . with whom , is agreeable that of the scriptures , in those dayes there was no king in jsraell : and what follows ? every one did that which was right in his own eies , iud. . . so that , as tacitus hath it , it is better to be under an evil prince , than under none . the tragoedian tels us , that there is no greater evill than anarchie : it brings all things to confusion ; it ruines cities ; layes waste houses ; overthrows armies : but the submissive and due obedience of true subjects , doth preserve both life and fortunes . an empire now being constituted amongst men , it must needs be that one , or more , must have the preheminence : the former is called a monarchie , or a kingdome ; the latter an optimacie , or state of the people . a kingdome then , which is most proper to us , is the command , or soverainty of one man , for the good of all . i will not dwell long in describing the causes of it : i would they were as well observed , as they are knowne ; or better knowne , that they might be the better observed . all power over the creature , is originally in god the creator : but out of his goodnesse to mankind , communicated to man above all others . so that god is the onely author , and efficient cause , as of things , so of kings : for however there are divers wayes to attaine to the princely scepter ; as some have mounted the imperiall throne by force and armes ; others by the command of god , have been designed kings , as david , hazael , jehu , and others , of which you may reade in the holy scriptures ; others have been elected princes by the suffrages of the people ; and others borne in purple , by hereditary right , to a kingdome : yet it is most certaine , that whether by these , or any other wayes , men doe ascend the chaire of state , they have their power , whatsoever it is , solely from god ; and ought to use it to the glory of god , and the good of their subjects . seneca tells us , that nature at first did invent a king : which is to be seen both in animals , and in inanimates : for the bees , cranes , and other living creatures , have their kings or commanders : so among foure-footed beasts , the lyon ; and amongst birds , the eagles doe excell . in inanimates likewise the same is evident ; the sun amongst the stars , the fire amongst the elements , sight amongst the senses , gold amongst metals , wine amongst liquids have the precedencie . and to speak truth , under god , the law of nature is a speciall cause for to effect and perfect monarchie . it is certaine , faith that great states-man amongst the romans , that all ancient nations did at first subject themselves to kings : and that was the first name of government upon earth . the jews had a monarchie from saul to zedekiah , as may be seen in sacred histories . the assyrians from nimrod to sardanapalus . the medes from arbaces to astyages . the persians from cyrus to darius the son of arsamus . the macedonians from caranus to perseus . herodotus testifyeth of the egyptians , that they could be at no time without a king , and therefore they did voluntarily carry the rods before them , and submit themselves to be ruled by them . the first king , so far as may be gathered from antiquity , was called menes . the same custome was also prevalent among other nations : the first king of the indians was alexander ; of the trojans , trojus ; of the danes , the first that was king , was graemus ; brito of the britains ; fergusius of the scots ; craco of the polonians ; attilas of hungary ; zechus of bohemia ; pharamundus of france ; and pelagius of spain . the first kings that are celebrated of the grecians , were saturne , jupiter , and cecrops ; of the garamantes , a people of the middle of lybia , cambyses ; of the romanes , romulus , from whom at first to l. tarquinius superbus , and afterwards from c. julius caesar to this day , they have retained a monarchie . bellarmine would divine , that the civill power ought to be immediately , if not by the law of god , yet by the law of nature , in the whole multitude as in its subject ; and from it to be transferred by the same law of nature to one or more : but he much deceives himselfe , and others also , with such his hallucination . for this power of life and death is given by nature unto none . none seemes to be lord of his owne members ; much lesse of anothers . onely god , who gives life to men , hath the power of taking it away from them ; or those , to whom , by a speciall favour , he hath communicated that power . and surely your blood of your lives wil i require ( saith god ) at the hands of every beast will i require it , and at the hand of man , at the hand of every mans brother will i require the life of man . whosoever sheddeth mans bloud , by man shall his bloud be shed : for in the image of god made he man . hence is that precept both of god and nature : thou shalt not kill . but , if this power were given by nature unto men , it should surely have been given to one man , rather than to all : for the command of one man ( even bellarmine himselfe being the judge ) is the best , and most agreeable unto nature ; but the command of a multitude , the worst . now nature in every thing ( as the philosophers will have it ) doth intend that which is best : so that , out of the politique society , and a certaine forme of civill government , there is not any politique or civill power given unto men . but all consent , that all ancient nations ( as formerly was spoken ) did at first obey kings : and , that it was the first name of command upon earth . yea , as bellarmine himselfe confesseth , kingdomes are of greater antiquity than common-wealths . in the beginning of states , ( saith justine ) the command of people and nations was in the kings . it must needs be then , that kings not receive their power and authority from the multitude , or men , but from god onely the king of kings . for it is a maxime and principle among the lawyers , that no man can transfer more power upon another than he hath himselfe . nor is this assertion contradicted , though you should alledge , that princes , as i said before , are sometimes chosen by men ; more often , if not alwayes , inaugurated by them . for hence it is that s. peter calleth a king , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , the ordinance of man : which is not so to be understood , causally , as if it were excogitated or invented by men ; but subjectively , because it is exercised by men ; and objectively , because it is versed about the government of humane society ; and then finally , because it is constituted by god for the good of men , and the conservation of humane policie . for the word {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} doth recall us to god , as to the first author of authority : and although kings are created by men , that is , erected , anointed , and inaugurated by them ; yet the first creator of kings is god , to whom all creation doth appertaine , and from whom all power doth come . for there is no power but of god , if we will beleeve s. paul , who from his master tels us , that the powers that be 〈◊〉 ordained of god . the finall cause of sover aignty is the glory of god , and the happinesse of the subject : that a king , as the keeper of the two tables in the decalogue , with one eye looks up unto god , whose vicegerent he is , in advancing and defending religion and piety ; and with the other upon his subjects , that they may live in peace and prosperity . for this cause , saith epiphanius , are powers ordained , that all things from god may be well disposed and administred to the good order of government of the whole world . this is that goale to which the princely champion runs ; which is no other , as lipsius speaks , than the commodity , security , and prosperity of subjects . and this is the end which s. paul expresseth , when as he saith , that the magistrate is the minister of god to them for good : where , by [ good ] we may understand , good naturall , good moral , good civill , and good spirituall . first , the king is the minister of god to his subjects for their good naturall , whenas he makes provision of corn and victuals , whereby they may live . secondly , he is a minister of god for their good morall , when as he doth prescribe such laws to his subjects , as that they conforming their lives to them may live honestly . thirdly , he is the minister of god to them for good civill , when as by his sword he doth preserve their persons and estates from injury , and mainteine the publique peace . and lastly , he is the minister of god for good unto them , good spirituall , when as hee doth advance and maintain religion and piety , and suppresse prophanenesse and superstition . the materiall cause of soverainty , is the king and people ; with which , as with its integrall parts , it is compleat and absolute ; and without which , it cannot at all subsist . the formal cause of it , consists in that order which is betweene the king and his subjects : by which , he is above them , and they under him ; he commands , and they obey ; he rules , and they submit : of which , as lipsius saith , there is so great a force , or necessity rather , that this alone is the stay or prop of all humane things . this is that same bond , saith seneca , by which the common-wealth coheres ; that vitall spirit , which so many thousands of men doe draw : who , otherwise of themselves , would be nothing but a burthen and a prey , if this soule of command were withdrawn from them . this is that same circaean rod , with the touch of which both beasts and men become tame and ruley ; & which of all , otherwise head-strong and untractable , makes every one obedient and plyable : each man with the feare of it . a common-wealth , saith aristotle , is a certaine description , or order of those men which doe inhabit it . the king , he is above all others , according to that power which god almighty hath communicated unto him ; and the subjects , they are under him , by the same authority . and therefore princes are called {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , that is , supereminent , seated in a more sublime estate : and subjects , they are called {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , subordinate , reduced into order . the metaphor is taken from military discipline , in which the commander placed above all others , over-looks the whole body , whiles every one , besides him standing in their ranks , keepe their stations . whereupon , as souldiers in an army placed in order , are subordinate to their captain , and performe obedience to him , as their supream head : in the same manner , subjects are subordinate to their prince , and bound to performe obedience to him . now what this power of a king is , is not of all sides agreed upon . if we looke into the sacred records , we may see the manner of the israelites king to be described . and samuel told all the words of the lord unto the people , that asked of him a king . and he said , this will be the manner of the king that shall reigne over you : he will take your sons , and appoint them for himselfe , for his chariots ; and to be his horsemen , and some shall run before his chariots . and he wil appoint them captains over thousands , and captains over fifties , and will set them to care his ground , and to reap his harvest , and to make his instruments of war , and instruments of his chariots , and he will take your daughters to be confectionaries , and to be cooks , and to be bakers . and he will take your fields , and your vine-yards , and your olive yards , even the best of them , and give them to his servants . and hee will take the tenth of your seede , and of your vineyards , and give to his officers , and to his servants . and he will take your men servants , and your maid-servants , and your goodliest young men , and your asses , and put them to his work . he will take the tenth of your sheep , and ye shall be his servants . some , from this description of samuel , doe think , that the rights of majestie are set forth : so luthen ( in postil . super evang dom. . post trinit. conc. . those things ( saith he ) which are said to be caesars , mat. . . are those rights of kings which are described , sam. . now those things which christ affirmeth to be caesars , ought of right to be given unto him . so strigelius in sam. . p. . hic dicunt aliqui describi tyrannum , non regem , &c. sed textus nominal jus regis , & loquitur de oneribus stipendiorum causâ mpositis . some say , that here a tyrant is described , not a king ; and that these things are not so spoken , as if the lord did approve of servitude : but the text ( saith he ) doth name the rights of kings , and speaks of burthens imposed by way of stipend . but these , with others of the same opinion , are much mistaken and deceived . for god constituting judges under him , was himselfe in a peculiar manner ( which never hapned unto any other nation ) a king to the israelites , who now did ask a king of him , as the other nations had . hearken ( saith god to samuel ) unto the voice of the people ; in all that they say unto thee : for they have not rejected thee , but they have rejected me , that i should not reigne over them . samuel therefore , as the lord commanded him , that he might reprehend the rashnesse of this people , describes unto them the impune licence , the rage and violence of this man , ( whom , in stead of god , they did desire to be set over them ) and so , in his person , of all kings . as if the prophet had said ; the lust of this kings licence shall break forth so far , that it shall not be in your power to restraine it : who yet shall have this one thing betide you , to receive his commands , and to be obedient to him . insomuch ( sayth he ) that ye shall cry out in that day , because of your king which ye shall have chosen you , and the lord will not heare you . for kings are exempted from the punishments of humane lawes , and have god only to be their judge and their avenger . the vertue of the law ( as modestinus hath it ) is this , to command , forbid , permit , and punish : but no man can command himselfe ; or be compelled by himselfe ; or so make a law that he may not recede from it . lawes are given by superiours to inferiours : but no man is superior , or inferior , to himself . it is impossible therefore for kings to be bound by their owne lawes : much lesse , by the lawes of their predecessors , or the people . for an equal hath not power over an equall : much lesse , an inferiour over a superiour . there are three sorts of civill government , according to aristotle : monarchie , aristocracie , and democracie . {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . it is necessary , saith he , that the chiefe be one , or a few , or many : for all nations and cities ( as that great secretary of state to many emperours hath it ) are governed either by the people , or by the peeres , or by the prince . as then , in aristocracie and democracie , it must needs be that the government be in the hands of some few , or many : so in monarchie , it is in one mans hands onely ; whose lawes all men are bound to obey , but himselfe none , save the law of god . for otherwise , it is not a monarchie , but a polyarchie , that is , the state of the peers , or people . a king subject to laws , ( saith the philosopher ) {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , is not a species of a republike . cicero being to defend king deiotarus , before caesar , begins his oration from the insolencie and novelty of the thing ; telling him that it was so unusuall a thing for a king to be accused , as that , before that time , it was never heard of . c. memmius a popular man , and of great power , although he were a most deadly enemie to nobilitie , yet he subscribes to the same opinion . for , to doe any thing without being questioned , is to be a king , saith he . a prince , saith ulpian , is free from all lawes . dio , his coaetanie , speaks to the same purpose : they are free from lawes ( saith he ) as the latine words doe sound : that is , from all necessity of the laws , or the necessary observation of the laws : nor are they tyed to any written laws . constantinus harmenapolus , a greek interpreter , to the same sense thus delivers himself . a king is not subjected to laws ; that is , he is not punished , if he offends . to which , i might adde the common consent of the interpreters of both laws , unanimously affirming and concluding , that a king is to give an account for his offences to god onely , and onely before him to justifie his innocencie . excellently solomon : where the word of a king is , there is power ; and who may say unto him , what dost thou ? and therefore the wise man , in the wisdome of solomon , thus addresseth his speech unto them : heare therefore o ye kings , learne ye that be judges of the ends of the earth : give care you that rule the people , and glory in the multitude of nations : for power is given you of the lord , and soveraignty from the highest , who shall try your works , and search out your counsels . let us heare some of the fathers about this matter : irenaeus tels us , that the princes of the world having the laws as the garment of justice , shall not be questioned for those things they shall doe according to law and justice , nor yet suffer punishment : but if they shall practice any thing contrary to law , in a tyrannicall manner , to the subversion of justice , in this case they are reserved to the judgement of god , sinning against him onely . of those things which are committed to kings by god , they are only to give an account unto god . so far he . tertullian in his apologie rhetorizes it thus : we , saith he , doe invoke the eternall god , the true god , the living god , for the safety of emperours , whom even the emperours desire above all others to be propitious unto them . they know who hath given power unto them , who men under them , who their owne soules : they acknowledge it is god onely , in whose power alone they are ; from whom they are second ; next him the first , before all gods , and above all men . saint jerome saith of david , that he repenting , after he had accumulated murther upon his adultery , did say to god , against thee onely have i sinned , because he was a king , and feared not man . before s. jerome , s. ambrose thus descants on him : david sinned , as most kings doe ; but david repented , wept , and mourned , which most kings doe not . that which private men are ashamed to doe , the king was not ashamed to confesse : they that are bound by laws , dare deny their sin , and disdaine to aske pardon ; which he implored , who was not bound by humane lawes . he was a king , he was tyed by no laws : because kings are free from the 〈◊〉 of transgressions , for they are not called to punisment by the laws , being free by the power of their command . he did not therefore sin against man , because he was not subject to man . after him let us confort 〈…〉 lar : how far better then is the emperour , 〈◊〉 not tyed to the same laws , and hath power to make other lawes : and in another ●ce , there is a command upon judges , that they 〈◊〉 revoke sentence that is once passed upon an offender , and shall the emperour be under the same law ? for he alone may revoke the sentence , absolve him that is condemned , and give him his life . gregorie arch bishop of tours , thus speaks to chelperick king of france . if any of us , o king , shall transgresse the limits of justice , he may be corrected by you : but if you shall exceed the same limits , who shall question 〈◊〉 for we indeed doe speake unto you ; and if you will , you heare us : if you will not , who shall condemne you , but onely he who hath pronounced him selfe to be justice it selfe ? otto frisingensis writes to frederick o●n●barius in these words : furthermore , whereas there is no person in the world , which is not subject to the laws of the world , by being subject may not be enforced ; onely kings , as being constituted above laws , and reserved to the judgement of god ; are not 〈◊〉 by the laws of men . hence is that testimony of that king and prophet , against thee onely have i sinned it 〈…〉 then a king , not onely nobilitated with magnanimity of spirit , but illuminated 〈◊〉 divine grace , to acknowledge his creator , to have alwayes in his mind the king of kings , and lord of lords , and , as much as in him lyes , to take heed by all means not to fall into his hands . for , when as , according to that of the apostle to every man , it is a fearfull thing to fall into the hands of the living god : it will be so much the more fearfull for kings , who besides him , have none above them , whom they may feare , by how much above others they may sin more freely . which sayings of the fathers and other writers , divine and profane , thus premised , i cannot but wonder at the stupid ignorance , and ignorant wilfulnesse , of such men , who would make the world believe , that it is in the power of the pope , or of the people , or of the peeres , to call kings in question , and reduce them to order , if they be extravagant . and if there be a lawfull cause , ( saith bellarmine ) the multitude may change the kingdome into an aristocracie or democracie ; and on the contrary , as we reade hath beene done at rome . but to speak truly , there can be no cause , without the expresse command of god , either expressed or excogitated , for which it may be lawfull for subjects , either to depose , or put to death , or any other way restrain their king , be he never so wicked , never so flagitious . we doe not deny but this thing hath been done at rome , ( as bellarmine confesseth ) but by what right , let him look to it . we must not look so much what hath been done at rome , ( as the romane laws advise us ) as what ought to be done . but bellarmine doth affirme that the king is above the people and that , he acknowledgeth no other , beside 〈…〉 his 〈…〉 temporall things . but to returne whe● 〈…〉 . the power of a king over his people is expressed by samuel , to which they must of necessity 〈…〉 without resistances . not that the king was to 〈◊〉 so by right , as samuel had told the israelites 〈◊〉 would , ( for the law of god did prescribe 〈◊〉 a far more differing forme of government , then sh●ls in any wise set him 〈…〉 whom the lord thy god shall choose ( saith moses . ) but he shall not 〈…〉 to himselfe , nor cause the people to returne into egypt , to the end that he should multiply horses : forasmuch as the lord hath said unto you , ye shall henceforth returne no more that way . neither shall he multiply 〈◊〉 himselfe that his heart turne 〈…〉 neither shall he greatly multiply to himself silver and gold ) but because it was the common custome of the kings of the nations ( whose example they desired to imitate , in asking of a king , as other nations had ) so to doe . for samuel doth not speak to him that should be their king , but to the people that desired a king : yea , and he wrote this law of a kingdome , which he there describes , in a 〈◊〉 and put it before the lord , that is , into 〈…〉 of the covenant , that it might be for 〈…〉 all for ever , and a testimony to their posterity , of those things which he had foretold . joseph . l. . antiq. judaic . c. . where yet we must distinguish , between the rash and gready desire of kings , and the utility and necessity of common-wealths . if a king , spurred on by a private desire , and ravenous lust of having , doth claime such things as are there described , he deales unjustly and tyrannically : but if , the safety and necessity of the common-wealth so requiring , he demands those things ; then , he doth not unjustly , if he doth use his kingly power . againe , we must distinguish also betweene the thing , and the manner of the thing . if a king in exacting these things doth observe a just and lawfull manner , and without compulsion & violence doth require the help of his subjects , as their labours , tenths , and tributes , for the supporting of the state , and necessity of his kingdome ; he cannot be said 〈◊〉 be a tyrant , or deale injuriously : but if he shall goe beyond the bounds of necessity and ●egality ; and onely shall aime at his owne private ends , to the inconvenience and detriment of the publique good of his kingdome , he doth abuse his kingly power , and degenerates into tyrannie . excellently and satisfactorily to this purpose is that of lyra ( in comment . sam. . ) sciend● quod aliqua sunt de jure regis in necessitate positi , &c. we must ( saith he ) know , that there are some things , which by right are the kings , being placed in necessity for the common good of the kingdome , and so all those things which are here expressed , are by right the kings ; because that , in such a case , all things that are the kings or princes , are to be exposed and expended for the common good : even as we see in the naturall body , that the hand , or any other part of the body , even by instinct of nature , is exposed for the preservation of the life of the who 〈◊〉 but if the ●ight of a king be taken otherwise , out of necessity , then there are more things expressed there , than doe appertain to the right of a king : as all those things which doe make a people to be 〈◊〉 subject , and those which doe not respect the common good , but rather the will of that man that is set above others in 〈◊〉 some . and such things 〈◊〉 the prophet samuel fore-tell them , to with d● their minds from asking after a king , because it was not so expedient for them , and because the power of a king , by reason of its greatnesse doth easily degenerate into tyrannie . gregorio calls the power given unto kings , jus regium turannerum , the kingly right of tyrants . he calls it ●gly , saith arnisaeus , because it is common to all kings : and he calls it the right , or power of tyrants , because it doth easily degenerate into tyranne , i● kings doe not use it in opportune and convenient time and place , with due moderation . the elect king david , ( as 〈…〉 the fore-named place when he was 〈…〉 unto the lord , he would not 〈◊〉 at 〈…〉 power and right of tyrants ; but he did 〈…〉 the threshing floore of araunah the 〈…〉 for his money yea , and ahab , even 〈…〉 king , did usurpno such power unto himselfe , when as he sought to acquire the vineyard of 〈◊〉 for the worth of it in money , or in exchange for a better vineyard : but whiles he did , upon a pretended crime , take both life and vineyard away from na●th , because he refusing the conditions he had propounded to him , he did fulfill the prophecie of samuel , and justly suffered the reward of his impiety . so that , though kings be constituted only by god , & are to give an account of their actions onely to god ; though they be above the people , and for no crime soever may be deposed or coerced by the people ; yet they must not deale with their subjects as they list : they must neither make slaves of their persons , unjustly oppressing them with their power ; nor yet make havock of their estates , tyrannically usurping them at their pleasure . they must know , that as god hath set them over men ; so it is for the good of those men . they are not onely lords and arbiters , saith lipsius , but they are tutors and administers of states . they are lewd and wicked princes , as he speaks , who being constituted in an empire , doe think of nothing but to be imperious : and they are proud and carelesse , ( saith he ) who doe think that they are not given for the good of their people , but their people onely for them . for , as in the superiour world , the stars have their splendour ; yet so , as they may be usefull for men : so , in this inferiour would , princes likewise have their dignity ; yet so , as with it they have their duty . the commonweal● is by god conferred upon them : but it is committed , as it were , into their bosome ; that it may be fostered and preserved , not ruined and devoured by them . happy is that prince , who in the highest pitch of fortune , desires not so much to be held great , as good , in the esteeme of his people ; and he is no lesse fortunate , that can so temper power and modestie , the two most differing things , in his behaviour and carriage , as that his people cannot tell whether they shall salute him as a lord , or as a father . there are prerogatives and royalties , which must by no meanes be denyed to the prince : and there are immunities and priviledges , which must not be kept back from the subject . the prince must so use his royall prerogative , as that he doth not infringe the subjects rights ; and the subjects must so lay claime to their rights , as that they doe not derogate from the regality of the prince : that so , he ruling as a royall prince , and they obeying , as loyall subj● , may be both happy in the enjoyment of each other . now the prerogatives which by right belong unto the prince , are ripaticks , or watertoles , which are commonly called customes , for the importing and transporting of commodities , by sea , ship-money , the profit of fines and amercements , vacant goods , the goods of condemned and proscribed persons , and other emoluments , which the lawyers doe terme royaltyes , which are due unto the prince , not only for the splendor and glory of his court , but for the better maintaining of the publique affaires . princes may al● be use of the propes goods and labours of their subjects , for the 〈◊〉 of the common , good 〈…〉 may exact tributes , and taxes of the 〈…〉 they may impose lawes to them , whe● 〈…〉 will or no , and they may command 〈…〉 which doe not repugne the law of god 〈…〉 of nature , and the law of the land , o● 〈…〉 christ to the pharises asking him whether it were lawfull to pay tribute to caesar or no , looking upon the money which had the impression , and inscription of caesars image , gave this answer , render therefore unto caesar , the things that are caesars ; and unto god , the things that are gods . and saint paul to the romans , render therefore to all their dues : tribute to whom tribute is due , custome to whom custome , feare to whom feare , honour to whom 〈◊〉 : and the same apostle to titus , put them in minde , to be subject to principalities and powers , to obey magistrates , to be ready to every good worke . for as seneca hath it , the power of all things pertaine unto the king , the propriety unto the subject . the king hath all things in his command , every man in their possession . the king hath all things within his dominions , his exchequer onely , those things which properly belong unto him : and all things are within his power , his owne things onely in his patrimony . rightly cicero : we must endeavour that we doe not ( which often times happened amongst our ancestors ) give tribute by reason of the renuitie of the treasurie , and assiduity of wars : which that it may not come to passe , we must make provision long aforehand ; but if any necessity of this duty shall happen unto a common wealth ( for i had rather prophecie of another then our own , nor doe i speake so much of our 〈◊〉 as of every common-wealth ) diligence 〈…〉 that all may come to know and understand if they will bee safe ) that they must obey necessity . for as tacitus hath it , neither the quiet of nations can be had without armes ; nor armes be had without stipends ; nor can stipends be had without tributes . these , these , ( saith cicero ) are the ornaments of peace , and the muniments of warre . in the beginning of things ( saith justine ) the government of countreyes and nations was in the power of kings : whom , no popular ambition , but approved moderation , amongst good men , did advance to this heighth of honour . the people was not tyed by any laws : but the arbitrament , and pleasure of their princes , was instead of laws unto them . pomponius speakes to the same purpose , whenas hee saith : and to speake truth in the beginning of our city , all things were governed by the kings disposall . and ulpian seconds him : that which pleaseth the king ( saith he ) had the force of a law : as when by the royall law , which is given concerning his empire , the people doth confer all their power and authority to him , and on him . whatsoever therefore the emperour hath ordained & subscribed by writing , or by any edict commanded , it is a law without contradiction : these are those which we commonly call constitutions . justinian the emperour to demostenes thus writeth . if the imperiall majesty shall have throughly examined the cause , and given sentence to the parties present , let the judges know , who are within our empire , that this shall be a law , not onely for that cause for which it was given , but for all causes of the like nature . for what is greater , what more inviolable than the imperiall majesty ? or who is so puft up with the conceit of pride , as that hee dare contemne the understanding of the king ? whenas the founders of the old law doe plainely & clearely define , that those constitutions which did proceede from imperiall determination , doe obtaine the force and vigour of a law . and a little after hee addeth these words : for , if , for the present , it be granted to the emperour onely to make laws , it is onely worthie an emperour to interpret laws . whereupon he thus concludes ; therefore , these ridiculous ambiguities exploded , the emperour alone shall be most justly reputed to be both the maker and interpreter of laws : this law nothing derogating from the makers of the old laws : because imperiall majesty gave the same priviledge even unto them . by me ( saith the eternall wisdome of god ) doe kings reigne , and princes decree justice . from whence saint augustine ( whose sentence is reckoned amongst the canons ) doth thus argue : by what right do you defend the church ? by gods law , or by mans ? we have the law of god in the scriptures ; and we have the law of man in the constitutions of kings . and not far after : therefore by the law of man , by the law of kings . why so ? because god hath distributed the laws of men to mankinde by kings and princes . so in another place be thus reasons : for , if it be lawfull for a king in a city , where he hath dominion , to command anything , which neither ever any before him , nor yet he himselfe commanded , and not contrary to the society of that citie , he is obeyed ; yea , contrary to the society he is not obeyed ( for it is a generall pact and covenant amongst humane society to obey their kings ) how much more then ought we to obey god the governour of every creature , and serve him , without any doubt , in those things which he hath commanded ? aristotle teacheth that there are three parts of every common-wealth : {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . one which consults for the good of the republique : {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} another which is versed in government : {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , a third which doth exercise it selfe in judicature . but that is the chiefest which consults of warre and peace , of society and leagues ; of laws and death ; of banishment and publicating of goods ; of making and receiving accounts . yet , in another place he seemes to recall these three into two parts , in these words : {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . for there are actions of a city : both of those who doe command , and of those who doe obey : but the scope and office of him that governes , consists in commanding and in judgeing . of later wrjters bodinus ( whose sentence yet is approved with the common consent of the learned ) defines this power of the supreame magistrate ( which he calls by the name of majesty ) to be an absolute and perpetuall authority over citizens and subjects , and not tyed to any laws . it is manifest therefore , that all other heads of majesty are included in this absolute power of making and taking away of laws : insomuch , that we may rightly call it , the chiefest power of a common-weale , comprehended in this one thing , which is , to give laws to all and every subject , never to receive any from them , for , by his own right , to make warre with adversaries , and at pleasure to contract peace with them , although they may seeme to be somewhat discrepant from the appellation of law ; yet they are done by law , that is , the command of imperiall authority : so likewise , it is a prerogative of majesty to take notice of appeales fro higher powers , to give and abrogate commands to supreame officers ; to dispose of offices when they are vacant ; to give immunities , and free citizens fró , laws ; to have the power of life & death ; to set a price , name and figure upon moneyes ; and to impose an oath upon subjects : all which things both of commanding & forbidding , come within the supreame power ; that is , to give laws to all & every subject , and to receive from none but the immortall god . these are some of the royall prerogatives , which have been premised in generall and promiscuously : but the politicians are more exact in describing these rights of majesty and royaltie , and they make them of two sorts : greater and lesser . the greater prerogatives belonging unto majesty are those which doe primarily and more principally appertaine to the chiefe authority of the king of emperour . and they are , first , the power of making and abrogating laws at pleasure , as the necessity of the common wealth shall require . for this is , as bodinus hath it , the prime and principall head of majesty , and without this the folitique power cannot long stand . for it is , as the juris-consults have determined , the propriety of law to command . but an emperour , or king without a command , what other thing is he , than as a dreame without sleepe ? but this must be understood of the nomothetique or legislative power , which doth institute laws by its own authority , and not by the command of another . and therefore , it is more than manifest that the decemuiri amongst the romans , who were enforced to seek to the people for the confirmation of those laws which they had made , as livie relates , could not be said to make them by the right of majestie . secondly , a second right of majesty is extreame provocation ; that is , that subjects cannot appeale from the laws that are made by imperiall majesty . for it is a most certain signe of a limited power , if an appeale may be made from the law giver to a superiour . and hereupon bodinus infers , that the dictators did not shine with royall majesty , and that they were not the chiefe magistrates , but curatours onely , or commisaries , as we call them . for the father of fabius did appeale from papirius then dictatour unto the people . ad tribunos appello ( so livie repeates his words ) & ad populum provoco , qui plus quàm dictatura potest , i appeale , saith he , to the tribunes , i protest to the people , who have more power than the dictatorship . now an appeale ( as bedinus hath it ) is a suspension of the jurisdiction of an inferiour judge , by a lawfull invocation of a superior ; made in the same judicial place , and alwayes ascends with the order of magistrates , untill it comes to the highest power , in which it must necessarily acquiesce and rest . as for example : in the romane empire the chiefe tribunall is the imperiall chamber : in france and with us in england , the high court of parliament : and in other inferiour principalities , the princes chiefe court . a third right of majesty , is the creation of dukes , marquesses , earles , barrons , and other noble men . for it is without doubt , that the king or emperour is the fountaine of all nobility and dignity . fourthly , another prerogative of majesty is the founding of academies . for this is referred to the eminence & preheminence of kings & emperours , & which , the pope cannot ( as baldus doth insinuate ) without unjust usurpation ascribe to himselfe . and this , not to speak of our own two famous universities , the most ancient academies , do evidence unto us : of which the university of bononia , the mother of students , which was first erected by theodosius , afterwards repaired by carolus magnus , and endued by them with many immunities and priviledges , is a sufficient witnesse . what shall i say of the vniversities of prague , paris and padua , who acknowledge , not without respective gratitude , the emperours of the same name to be their founders and benefactors ? and therefore the approbation of the pope is not requisite for the founding of an academy : because the civilians tell us , that the jurisdiction , which is exercised beyond the territory of him that commands , is most worthily to be rejected . lastly , other politicians are wont to referre to the regalities of majesty , the calling of councills and synods , legitimation , restitution of fame , the ordering of all judicialls , the indicting of war , and conclusion of peace , and the like , of which you may reade in althus : in pol. c. . and thom. mich : de jurisdict : concil. . . and . the lesser rights belonging to majesty , which the king , or emperour may more easily dispence with then the greater , are the remitting or lessening of penalties and mulcts , customes , tributes , the rights of faires or publiplique mercats , of which you may likewise reade l. un . c. de nund . jus saxon. l. . art . . and l. . art . . mysing . . obser. . n. . . nou. . c. . vult . l. . iurisp . c. . n. . but to returne , where we did digresse , the king , ( who hath the cheife and absolute command in monarchy ) the parent , yea the author of the law , and {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , a living law , is far greater then the law : as one , who by authority given him from god , can , when he sees it fitting , whether his subjects will or no , yea without their consent , either make or abrogate the law . nor hinders it that he makes use of counsellours and ministers , for so he doth lessen his care and sollicitude , which in the government of a kingdom aright is the greatest ; but not diminish the power of his command , or ecclipse his majesty . the emperours were wont to say , that we account it of our princely clemencie ( worthy senatours ) if when hereafter any emergent necessity shall happen , either in the private or publique cause , which doth require a generall forme and not inserted in the ancient laws , that it be treated of by all ; as well the peeres of our court aforehand , as by your most honourable assembly : and that , if it shall seeme good to all the iudges , as well as your selves , it be then dictated as a law ; and so , when you be all met together , that it be read again : and when all shall have consented unto it , then at length that it be repeated in the sacred consistorie of our majesty : that so the common consent of all may be confirmed with the authority of our highnesse , &c. hence is that , of the iurisconsults , that a prince alone can make statutes , although it be his courtesie that he doth admit the counsell of his peeres . the communication of counsels doth not introduce a consortship of the kingdom . for the rights of majesty ( as bodinus hath it ) may be attributed to the chiefe prince ; but not to magistrates , or private men : but if they be ascribed to either , then they cease to be the prerogatives of majesty . and , as a crown , if it be distracted into parts , or communicated , loseth the name of a crown ; so the rights of majesty vanish if they be communicated with the subject . that which is more evident , by the common decrees of the lawyers : those rights can neither be passed away , nor divided , nor any wayes abalienated from the chiefe prince , nor can they be prescribed by any diuturnity of time . for which cause baldus doth call them sacra sacrorum ; and cynus the individualls of majesty : but if the chief prince shal once communicate these unto the subject , instead of a servant , he is like to have a consort of his empire : and in the meane while , he loseth the regality of majesty , in that he cannot be said to be the chief prince : because he is chiefe who neither hath a superiour nor yet co-partner of his empire . but because princes when they are publikely inaugurated , doe religiously promise that they wil maintain the rights of their ancestors , & the former constitutions of the empire , and other things of that nature ; therefore may some thinke they are tyed by their oath to observe them , nor can they with a safe conscience any way relinquish them . to this it is answered , that princes do no wayes prejudice themselves by swearing , but that they may as freely administer to the good of the common-wealth , as if they had not sworn at al : for they sweare nothing , but that , to which if they had not sworne they are obliged . for , that which is just and equal , that by their office they are bound to observe and do ; but , to doe that which is evil and unjust , they cannot be bound by any covenant or promise whatsoever , though they have confirmed it with an oath . now what is more unjust , than that a prince should be bound to maintain and keepe those laws , which it is necessary that they must be either antiquated , or the common-wealth come to ruine ? although all change whatsoever ( as it is in the proverb ) is very dangerous , yet that of laws , is most pernicious : and yet it is as certaine on the other side , that the change of manners doth efflagitate a change of laws , and that there is no law so honest and inviolable , or so deare , even by the shew of antiquity it selfe , but that , necessity so requiring , it may & ought to receive a change . salus populi , suprema lex esto : the peoples safety is the chiefest law . to conclude , if that kings and princes , breaking all bonds of laws ( which yet god forbid they should ) doe falsifie their promises , and disrespect their vowes , making no account of what they have engaged themselves to by their protestations ; yet the people must not rise up in rebellion against them , or shake off the yoake of obedience from them , seeing they are to have no other than god himselfe to be their judge and their avenger . chap. ii. the svbjects loyalty , or , the duty of subjects to their kings . having in the former chapter set forth unto you the royalty of kings over their subjects : where i have declared their originall from god , and their end , next to god , their subjects good ; and that though they should come short of that end for which they were constituted and ordeined , yet they ought not to be cut short by the people under them , but are to be reserved to the judgement of god , next to whom they are second here upon earth , and under whom they have no superiour , being above all laws of men , and themselves a law unto their subjects : i now come to describe unto you the loyaltie of subjects towards their kings , and the peoples duty . for , a king and subjects being relatives ; and the formall cause of a kingdome consisting in that order which is betweene the king and his subjects ; by which he rules , and they submit ; he governe , and they be governed ; he commands ; and they obey ; it is very requisite in these miserably distracted times , where most men would shake off the yoke of obedience from their shoulders , and live as they list without all order : that , having spoken of kings and their power over their subjects , i should now say somwhat of subjects , and their duty to their kings . and here , that we may the better setforth their duty , it will not be amisse to expresse their nature : for , so knowing what they be , we shall the sooner come to know what they must doe . now if wee consult bodinus about them , he will tell us , that subjects are those , who are bound to maintain , and fight for the dignity & safety of their prince as for themselves : and to have the same friends and enemies with their prince . or , as others doe describe them : subjects are a part of the common-wealth , which are obliged to the supreme power , even to all that they have : and for this cause it is , that they doe enjoy all the priviledges of the weale publike . this is the nature of a subject . but then , if any should aske me who are subjects as well as what are subjects ; i must again have recourse to the politicians ; who do give us to understand , that by the name of subjects , we are to take notice of the multitude of men , which are governed ; or rather , who submit themselves to be governed . and in this name , we must comprehend all , and every one , of what state and condition soever they be , that are in that city , provance , & countrey , where a magistrate is the head : for , so many as do belong to a common-wealth , doe appertaine to the one part of it : viz. they are referred to be either magistrates , or subjects : whence it follows , that the name of subject is more general than that of citizen , specifically and properly so called ; although in writers we finde them to bee promiscuously used . for , he that is a partaker with others of publike honour and dignity is properly a citizen : but hee that partakes onely of burthens and taxes , & not as wel of honours and dignity in the common-wealth , where he resides & lives , is not a citizen , but a subject . they are termes contrariant , not reciprocall . every citizen , is a subject : but every subject , is not a citizen . there is also another disagreeing respect , for a citizen is so called , in respect of his native countrey or common-wealth , where he is borne , or to which he is ascribed : but he is a subject in respect of that magistrate which he obeyes , wheresoever he is . now men are said to be subjects two manner of wayes ; either by their nativity and birth ; or by their dwelling and habitation . that a mans nativity and birth doe make him to be a subject , is plainly evidenced ex l. assumptio . § . ad municip . filius civitatem , ex quâ pater ejus originem duxit , non domicilium sequitur . a sonne follows the city from which his father doth derive his originall , not his house . and if a man be born of parents of divers cities , he follows the condition of his father , not of his mother . l. municip . . § . f.eod. the house , or dwelling , in which any doth fixe and settle the seat of his fortunes , doth make him a subject . but what space of time is required to contract a house or dwelling , the interpreters of law doe varie : because , in this thing the laws and manners of every particular common-wealth is to be respected . agreeable to this , is that distinction of the jurisperites , who discriminate subjects by a naturall , and a voluntarie obligation . he is a subject , say they , by a naturall obligation , who is borne under the jurisdiction , and in the dominions of that magistrate , to whom he is subject : and he is a subject by a voluntary obligation , who willingly and spontaneously offers himselfe to any magistrate , and acknowledgeth him for his supreame head , although he be not born within his territories and dominions . to which two sorts of subjects , we may , not without good reason , adde another species , viz. such a one , as being vanquished in warre , is made subject to him that did subdue him . for , when a prince or magistrate overcomes any in a lawfull war , they are then made subject to his jurisdiction and power . but be they subjects these , or any other wayes , they are bound , whosoever they be that are subjects , to yeeld obedience to him who is their prince and governour . if any should doubt of the truth of this assertion , ( because the contrary doctrine is now broached and published by our novel divines ) let him but consult the apostle to the romanes , ( unlesse perchance for the same tenet he be held a malignant ) and he will satisfie him : let every soule ( saith he ) submit himself unto the higher powers . they are his expresse words , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . in which universall precept he includes all , of all orders , and states , all sexes and conditions . as if hee should have said : all , whatsoever they be , that do live in a common-wealth , must submit themselves to the supreme magistrate , that is the head of that common-wealth . so that , in the apostles precept , we have not onely implyed the qualities of their persons that are subjects ; but we have also expressed the nature of their duties : viz. subjection and obedience . we shall not need to goe farre then to search after the duty of subjects to their prince : the apostle he hath done it to our hands : it is obedience . and so the augustane confession in the . article doth acknowledge it . the first commandement of the second table , which ( as the apostle speaks ) is the first commandement with promise , doth set forth this duty by the name of honour . for so we read it in the decalogue , honour thy father and thy mother , that thy dayes may be long in the land which the lord thy god giveth thee . exod. . . where , by father , according to the unanimous consent of all divines , we are to understand , not onely our naturall father , that did beget us ; but our spirituall father also , that doth teach us ; and our civill father likewise , the king , who is pater patriae , the father of our country , that doth protect us . and then , by honour which we are commanded to yeeld to this father , we are to conceive all those duties which are comprehended in it . now the politicians doe tell us , that this name of honour , doth consist of sixe severall members , which doe imply as many severall duties , which every subject is bound to performe to the prince his head , viz. agnition , reverence , love , obedience , gratitude , and equity . the first member , wherein this honour doth consist , and the first duty , which every subject is to performe unto his prince , is agnition : that is , an acknowledgement of gods ordinance in the office of the prince . for god will have his owne ordinance to be acknowledged in the civill magistrate ; and that we doe conceive of him , as constituted by god : seeing that as the apostle speaks , there is no power but of god ; and the powers that be , are ordained of god . after which manner , did the woman of tekoah conceive of king david , when as she being sent by joab to intercede for absolom , that he might returne from his banishment into the kings favour : for as an angel of god , ( saith she ) so is my lord the king , to discern good and bad . and a little after , my lord is wise according to the wisdome of an angel of god . and so did mephibosbeth esteem of him , when as he did compellate him with the same title : but my lord the king , is as an angel of god . which agnition and acknowledgement of gods ordinance in him , is a notable meanes to stir up our obedience to him . the second member wherein this honour doth consist , is reverence : when as , subjects look upon their prince not onely as a man , but as a man of god ; and reverence , not so much his person , as his office . for the king is gods legat , and his vicar , presenting his person . and therefore saint peter , when he exhorts to the feare of god , he doth annex the honour of the king : as if there can be no true feare of god , without due reverence to the king , who presents gods person . for which cause , solomon the wisest of men , & richest of kings , doth joyne the feare of god and the king together : the king , for presenting gods perion is called god , not {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , as plato styles him , as a god amongst men ; but {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , an earthly god , being gods minister . yea , as the prophet david , and before him moses , god himselfe . yea , to goe farther , god himselfe doth so call him , ego dixi , i have said it , ye are gods . which yet we must not understand , as if they were so {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , indeed ; but {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} in name : not {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , by nature ; but {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , by office . and so much the very heathen did acknowledge . for it is reported of philip of macedonia , that he was wont to say , that a king ought to remember , that he being a man , doth discharge the office of god : and the office which he doth execute , is from thence named {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , a power like unto gods . whence it is , that s. augustine saith , the king bearing the image of god , ought therefore to be reverenced , if not for himselfe , at least , yet for his office sake . the third member ; wherein this honour doth consist , is love . and it is another duty of subjects to love their princes : not onely for their office , which they , in the name and place of god , do undergoe ; but for the manifold benefits and commodities which they receive from them , by their happy government : thus was king david accepted in the eyes of all the people , whither soever he was sent . kings , as you heard , are patres patriae , fathers of their country ; and therefore subjects ought to respect them with a filiall love , even as children do love their fathers . a fourth member , wherein this honour doth consist , is obedience : subjects must willingly , and readily yeeld obedience , to all the just and honest commandes of their princes , which do no wayes repugne the lawes of god . they must not onely acknowledge , reverentiam subjectionis , a reverence of subjection ; but they must also give them obedientians jussionis , an obedience to their just commands . for , as saint chrysost 〈◊〉 observeth : a people that obeyeth not their prince ; is like to them that have no prince at all : yea , and in a worse estate : for you cannot call that a kingdome , where the king is neglected , and his laws not observed . he seemeth to mee to have lost his kingdome , saith the philosopher , who hath lost his due obedience from his subjects . and therefore subjects must obey their prince , not onely for feare of wrath , that is , to escape punishment , if they neglect their duty ; but also for conscience sake , as the apostle teacheth , because god commands them . the fift member , wherein this honour doth consist , is gratitude . subjects are bound , by way of thankfulnesse , to honour their princes , if it were for no other reason , but because they do dayly enjoy the benefits of peace , prosperity , and protection by them . which gratitude must expresse it self by two other virtues , as necessary as it self ; and without which , it cannot subsist : and they are these : verity and justice : verity , in acknowledging what great blessings , favours , and emoluments they receive by them ; and justice , in endeavouring to make satisfaction , and compensation for them . and for this cause it is , that they pay them tenths , subsidies , customes , and tributes : without which , not the king onely , but the kingdome also , would be debilitated and go to ruine . in these tributes and contributions , ( saith ulpian ) there is none but may know that the strength of a kingdome doth consist . they are the very nerves of a common-wealth . they are , saith cicero , the ornaments of peace , and the supporters of war . it is impossible , said the emperour , that otherwise a republique could be conserved , if it were not for the religious observation , and due collation of tributes . the necessity of which , menenius agrippa , in livie , would teach the romans , with this not more wittie than apposite apologie : for , as if food and nourishment be denyed to the belly , the whole body must of necessity languish and waste away by a consumption : so , if you with-hold subsidies and tributes from the chiefe magistrate , the common-wealth must of necessity come to ruine . and therefore wel said tacitus , you soone teach the dissolution of an empire , if you diminish the revenue , by which it should be sustained : nay , if , as lipsius hath it , you doe not sometimes augment them . lastly , the sixt member wherein the honour of subjects towards their prince consists , is equity . which is a vertue , whereby every subject is bound with candour , either to cover the imperfections and errors of his prince , and to interpret them in the best sense ; or , by a prudent dissimulation to passe them by , and take no notice of them : or , if the reason of his place doth so require it , by moderate counsels and admonitions to endeavour to reforme them . for , that which is spoken unto children by the son of sirach , every true subject ought to apply it to himselfe : glory not in the dishonour of thy father : for thy fathers dishonour is no glory unto thee : for the glory of a man is from the honour of his father . and we cannot but be knowing of chams curse , for laying open , or not covering his fathers nakednesse . it is the office and duty therefore of every subject , according to their respective places , not to discover , but rather to cover and conceale the naeves , infirmities , and imperfections of their princes ; and , as opportunity shal serve , in an humble way , seek by wholsome admonitions , and moderate counsels , to reclaime them . this was luthers doctrine , that great instrument of reformation , which at this day is so much pretended . the office of subjects , saith he , doth require , that they doe declare unto princes what they know not . for , as princes may sinne by not knowing those things which they doe to , be sins ; so , subjects may sin more in not shewing to princes those things which they doe to be sins . the one sinnes by ignorance , the other by negligence . and to this end he alledgeth that passage of abimelock king of gerar : who having taken to himselfe abrahams wife , because abraham had told him she was his sister ; and being warned by god in a dreame to restore her to him ; did lay all the fault upon abraham , because he had no sooner imparted the villanie and wickednesse of his courtiers unto him . and thus you see wherein the duty of subjects consists : either in one word of obedience , as saint paul expresseth it : or in one word of honour , which comprehends acknowledgment , reverence , love , obedience , gratitude and equity , as the fift commandement doth desire it . so then , to bring all to a head : all , and every subject , are bound to submit themselves unto their princes , in those things which they command , not being contrary to the laws of god , and the laws of nature . it is true , that in the apostles times , there were some , who absurdly interpreting the holy scriptures , as too many now , fanatically given , by an unknown spirit ; and extending their christian liberty further then the simplicity of the gospel would permit them , did maintaine , that it was a most unworthy thing , that they , who were freed by the sonne of god , and governed by the spirit of god , should be under the power of man . of this leaven , was judas of galile , of whom we 〈◊〉 in the acts of the apostles . he , as joseph 〈◊〉 late 's , taught , that by the law of god , none ought fit to be called lord , but god himselfe ; and that there was no obedience due to the politique magistrate , no tribute to caesar . after them , sprung up the donatists , anabaptists , and their disciples , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , all birds of an ill brood , who did likewise reject the command of the civil magistrate . lastly , the pontisicians , though not in the same manner , did oppose the power of princes , cavilling with the civill authority , and maintaining that their clergie can by no means be punished by a civill judge : or compelled to appeare before the tribunall of a secular magistrate ; but that all their goods , as well ecclesiasticall as civill , 〈◊〉 free , and so ought to be from the tributes and taxes of secular princes . all whose erroneous tenents , and opinions , the spirit of god having confuted in his holy word , doth exactly and precisely determine the contrary ; expresly setting forth , and commanding the office of subjects to their princes . s. paul , as you heard , gives this exhortation : let every souls submit himselfe unto the higher powers : rom. . . he excepts no order , nor sex , nor condition , nor any thing that hath the nature of man . and a little after , render wherefore unto all their dues : tribute , to whom tribute is doe ; custome , to whom custome ; fear , to whom feare ; honour to whom honour . and , in his epistle to titus , he layes a charge upon him , then bishop of 〈◊〉 , that he should give it in charge to the cretians , to be subject to principalities and powers , to obey magistrates , and to be ready to every good work . tit. . . so in his first epistle to timothie : i exhort , saith he , that first of all , supplications , prayers , intercessions , and giving of thanks be made for all men : for kings and for all that are in authority , that we may live a quiet and a peaceable life , in all godlinesse and honesty : the same thing , before saint paul , yea , before our saviour himselfe , as he was in the flesh , did the prophet jeremiah exhort the jews unto , that were exiles from their own countrey in assyria : and that not without especiall command from god , that they should pray to god for the safety of the king , and the kingdom of babylon , where they were captives ; and withall , he doth sharply reprove the rashnesse of those false prophets , who by vaine promises , and hopes of immature libertie did incite them to rebellion . thus saith the lord of hosts , the god of israel unto all that are carried away captives , whom i have caused to be carried away from jerusalem to babylon : seeke the peace of the city , where i have caused you to be carried away captives ; and pray unto the lord for it : for in the peace thereof yee shall have peace . nor , is saint peter backward to informe the strangers scattered throughout pontus , galatia , cappadocia , and bithynia , with the same doctrine . submit your selves , saith he , to every ordinance of man , for the lords sake : whether it be to the king , as supreme ; or unto governours , that are sent by him : and presently after , feare god : honour the king . from which wholsome doctrine of saint paul , the prophet jeremiah , and saint peter , you may see , not onely the pernicious tenets and positions of those , and all other schismatically affected reformadoes , alias renegadoes , confuted ; but the truth of obedience , due to the civill magistrate confirmed : and , that in obedience , honour , reverence , tributes , and other duties , formerly mentioned , to be by subjects performed to their princes , comprehended and enjoyned . but , to what kind of princes do the apostles &c prophets in scriptures enjoyne these duties to be performed ? that wil be a question wel worth the time to be resolved , especially at this time , when every one almost doth take the liberty to himself ; peremptorily to affirm that subjects ought not to give obedience to their king , if he doth not , as they they would have him , & wil not be perswaded & ruled by them . for say they , it would not bee grievous or irksom to us to yeeld obedience and that respective observance , w● you have alleadged fro the holy scriptures , unto good & gracious princes ; but it goes against our consciences to performe these duties to one king , seeing hee swerves from the holy scriptures , which are the word of god ; and wil not be ruled by his great counsel , but is seduced by malignant councellors , to wicked and ungodly acts of tyrannie . to this , i answer ; that if our gracious king ( which god forbid ) should degenerate so far from himself , as to comit such outrages as they would suggest ( which blessed be god as hitherto he hath not , nor is there likelyhood that he ever wil , although , if he were not so good and so gracious as he is , he might soone by their rebellious carriage be invited to it ) yet they are bound in duty to performe obedience to him ; and not of as too many abuse 〈…〉 , &c misled , do , hand over headrise up in rebellion against him . for , if we consult the same apostle , and other places of the holy scriptures , we shall finde , that the forementioned duties , are not only to be performed to good and gracious princes ; but even to wicked and tyranicall , even , to those that are most cruel ; as were tiberius , caligula , claudius , nero : for under all these the apostles lived , & their epistles coetanie to them , directed for obedience to them . nor is it without good reason , that such obedience should be given to them : for , they are of god , as well as good kings : there is no power ( saith the apostle ) but of god : that is , all power is from god onely . for that negative apostolicall axiome is equipollent on all sides to an universall affirmative . so daniel telleth nebuchadnezzer , that the most high ruleth in the kingdome of men , and giveth it to whomsoever he will , and setteth up over at the basest of men . so christ himselfe pronounceth of pilate , that wicked president of the jews , that he had no power over him , were it not given him from above . and therefore , seeing their power is alike from god , we must give the like obedience to them , as to god . it was the saying of him , who sometimes was nazianzens worthie , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} subjects must submit themselves to good and gracious princes , as to god : and they must submit to evil and ungodly princes , for god : that is , because god hath so commanded it . let us heare the fathers a little farther in this point , and we shall finde that they doe all unanimously give their votes unto it . tertullian , if we addresse our selves to him , resolves us in these words : for as much therefore as concernes the honour of kings and emperours , we have a sufficient prescript that we should be subject , according to the apostles precept , in all obsequiousnesse to magistrates , princes , and higher powers . but yet within the bounds and limits of religion , so far , as we are separated from idolatrie . for therefore is that example of the three brethren excelling , who otherwise obsequious to king nabuchodonosor , did most constantly refuse to give honour to his image ; proving that it was idolatry , whatsoever was exalted above the measure of humane honour , after the manner of divine majesty . and so daniel relying upon darius forother things , so long continued in his office , as he was free from the danger of his religion : but rather then he would run that hazard , he did no more feare the kings lyons , then the others were afraid of the kings fornace . optatus milevitanus , speaking of davids observance to king saul , hath these words : david had the opportunity of victory in his hands : he might have killed his adversaries , unwitting of him and secure , without much adoe , and he might have changed , without much bloud-shed , or the conflict of many , his tedious warfare into a sudden slaughter : both his servants and opportunity did invite him to it . opportunity did spur him on to victory . now he began to draw his sword : and now his armed hand was ready to seize upon his adversaries throat : but the remembrance of divine institutions did altogether withstand these intentions : he contradicts not onely his servants , but opportunity , egging him on to victory . as if he should have said thus unto them : o victorie , causelesly dost thou provoke me on : o victorie , thou dost in vaine invite me to triumph : i would willingly overcome mine enemie , but i must first observe the commands of god . i will not ( saith he ) lay my hands on the lords anointed . he did represse both his hand and his sword ; and whiles he did revere the oyle , he saved his adversary ; and performing observance to him , though his adversary , he did vindicate him from slaughter . saint augustine speaking of the same person , speaks in this manner : david well knowing that there was a divine constitution in the office of kings , doth therefore still honour king saul , being in the same condition , lest he should seeme to injure god , who decreed honour to this order . for a king hath the image of god , even as a bishop the image of christ . so long therefore as he is in that condition , he is to be honoured ; if not for himself , yet for his order . whereupon the apostle saith , be subject to the higher powers , for there is no power but of god , and the powers that be are ordained of god . hence it is that we doe honour an infidel in authority , although he be unworthy of it ; who performing gods office in that order , doth gratifie the devil : yet the power he hath , doth require that we give honour to him , &c. and in another place : but in that the apostle saith , let every soule submit himselfe to the higher powers : for there is no power but of god : he doth rightly admonish , that no man be puffed up with pride , for that he is called by the lord into liberty , and made a christian ; and that he doth not think there is no order to be kept in the course of this life ; and that he is not to be subject to the higher powers , to whom for a time the government of temporall things is concredited . and a little farther , if any man therefore think , that because he is a christian , he is not to pay custome , tribute , or due honour to those higher powers , to whom those things of right doe appertaine , he is in a great errour : but this rule is to be observed which the lord himself prescribed , that we give unto caesar , the things that are caesars , and unto god , the things that are gods . s. jerome , whose sentence is inscribed among the canons , saith thus : if it be good , which the emperour , or magistrate , commands , obey the will of him that commands : but if it be evill , answer him out of the acts of the apostles , it is better to obey god then men . s. chrysostome , upon the words of the apostle , let every soule submit himselfe to the higher powers , thus descants : {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . although thou beest an apostle , although an euangelist , although a prophet , or whatsoever else thou beest , thou must submit . s. ambrose thus expresseth himselfe : i could grieve , i could weep , i could mourne : my teares are weapons against the armies and soldiers of the goths , for such are the weapons of a priest . otherwise , i neither ought , nor will resist . bernard to lodowick king of france , writes in this manner : but whatsoever it shall please your majesties mind to doe , we that are the sonnes of the church , cannot , in the least , dissemble the injuries , contempts and scorn even to the trampling under foot of our mother , &c. and a little after , but we will stand out , and fight even to the death , if necessity shall require , for our mother : but with such weapons as are lawful for us to use : not with swords , but with words ; not with shields , but with prayers and tears to god . and in another place , if the whole world should conspire against me , to make me attempt any thing against royall authority , yet i would feare god , and would not dare to doe any thing rashly against the king , that is ordained by him . for i well know where i have read , whosoever resisteth the power , resisteth the ordinance of god , &c. amongst later writers , cardinall cajetan thus comments upon saint paul : after that the apostle had instructed the romans about the use of the body , affaires of the world , and the gifts of god ; he doth now prosecute his instruction about the use of liberty in respect of princes . for he gives them a caution , lest by reason of the liberty which they had obtained by christ , they should think themselves to be exempted from the power of secular princes . and to this end he doth instruct them , that they should be subject to secular powers . and whereas he ought to have said , every man , he doth more significantly say , every soule ; that so we might understand , not only our estates , not onely our bodies , but even our souls ought to be subject to temporal kings , in those things which they may lawfully command . and in saying all , or every , he excepteth none . see , how the fathers doe , with one consent vote that we must give obedience to kings , although they be wicked , in all things that are not unlawfull ; that honour , tribute , obedience , and the like , must be given to lawfull princes ; and that there is no other remedy against their violence and injustice , but prayers and teares to almighty god . what , doe we think that they were destitute of strength , that they could not oppose one power with another , or repell one injury with another ? were they so stupid and ignorant that they did not understand what power was in the pope or people , to reduce their kings into good government ? they wanted neither power to resist , nor forces to rebell , if we dare give credit to tertullian , ( who yet is of sufficient authority and antiquity to be beleeved , even without our assent ) thus writing in his apologie against the gentiles . but far be it that either the children of god should be exempted from the furie of man ; or that they should grieve to suffer in that thing wherein they are tryed . for if we would take upon us to be open and professed enemies , doe you think that wee could want money or men ? are we not more in in number then the moores , and marcomanns , & the parthians themselves , or the gentiles , how great soever they be , let them be but of one place , and of their neighbours adjoyning unto them , yea , then of the whole world besides . we are but of yesterday , and yet we have filled all places among you : your cities , islands , cittadels , burroughs , assemblies ; your very camps , your tribes of the common people , decuries of the judges , palaces , senats , judicatories ; onely we leave your temples to your selves : for what war have we not been fit , and ready to manage , even with fewer forces , who thus willingly suffer our selves to be put to death ; if that we were not disciplined by our religion , that it is more lawfull for us to be killed then to kill ? thus far tertullian , with whom s. augustine is not discrepant : you may find his sentence to be registred among the canons in these words : julian was an infidel and unbeleeving emperour ; was he not likewise an apostate , an enemie , an idolater ? yet the christian soldiers served under this unbeleeving emperour . when they came to the cause of christ , they did acknowledge none but him that is in heaven ; when he would have them to worship idols , and to sacrifice , then they did prefer god before him : but when he said unto them , lead forth the armie , & go against such a nation , they did presently obey him . they did distinguish the lord eternall from a temporall lord ; and yet they were subject unto their temporall lord , for their eternall lords sake . when jovianus after the death of the fore-named julian was elected by his armie to be their emperour , and he refusing , began to speake in these words unto them : i cannot , seeing i am a christian , command such men , nor take the government upon me , of julians armie , which he hath imbued with such venemous precepts , and pernicious discipline . which , and words of the like nature , when the souldiers had heard , they began to shout with one acclamation , and say : o emperour , let not your minde be troubled with such doubtings , nor yet wave the command of us , as if we were prophane and wicked , for you shall finde both christians of us , and men disciplin'd in piety to doe you service . from which recited places , it may appeare that it was no such difficult matter for the christians in the primitve times to have coërced their emperours , by whom they were miserably afflicted , and most cruelly used , if it had beene lawfull for subjects to rise up against their princes . but if those forementioned fathers , endued with no lesse science then conscience , and furnished with as much knowledge as zeale , had thought it lawfull , either for the pope , or the people , or any other men to regulate their princes , as they thought fit ; without all question , they would never have suffered themselves and the whole church of god , to bee so cruelly oppressed by those wicked emperours . but as they did most freely reprehend their vices , so they would at least have admonished them of their office , if they had beene wanting to it . but when they knew that kings ( as have beene formerly , not onely touched , but oftentimes urged ) have onely god to be their judge and their avenger ; hence it is , that they did only flee to him , and piously and happily implore his aid . these things ( saith nazianzen ) did julian meditate and deliberate , ( as those that were witnesses and co-partners of his secrets have imparted and divulged to the world ) yet hee was restrained by the ordinance of god , and the teares of christians , which were then many , and shed by many , seeing they had no other remedie against their persecutors . the like may be said of divers other wicked princes , who have either beene taken away by the singular providence of god , or at length reduced to a better minde : for god who is the father and judge of all alike , doth oftentimes most justly send ungodly princes unto a people for the punishment of their sins : although , they minding nothing lesse , than the justice or purpose of gods wil doe most unjustly . shall there be any evill in the city ( saith god by the prophet amos ) which the lord hath not done ? but no sooner doe subjects repent them of their sins , and depart from their evil courses , but god ( in whose hands the heart of kings is , and which way soever it pleaseth him , as the rivers of waters , he doth incline it ) according to his great goodnesse and singular mercie , wherewith he is affected towards afflicted penitents , makes those wicked princes either cease to be , or to bee tyrants . vengeance is mine ( saith the lord ) i wil repay it . this is the onely fort and sure defence against all injuries of wicked kings : they are the weapons that are to be taken up against ungodly princes : and , this , lastly is the most expedite way to pessundate all tyranny . but then you will say , if the king should make aprey of his subjects , and impose greater taxes on them , and exact more grievous tributes and customs on them , oppressing all and every one of them with his tyrannicall power , shall we not in this case resist and oppose him ? for answer of this , i must tell you , if we will be as we professe our selves to bee , christs disciples and obey his word , which we desire , at least pretend , above all things to be sincerely preached unto us , wee must not resist him . now what saith christ . but i say unto you that yee resist not evill , &c. our lord and saviour jesus christ , being king of kings , and lord of lords , as he is stiled in holy scripture , yea and the sonne of kings according to the flesh , being of the seede of david , yet lest he should give offence , though he were free , payed tribute to caesar ; for so wee finde him discoursing with peter : the kings of the earth , of whom doe they take custome or tribute , of their owne children or of strangers ? peter saith unto him of strangers . jesus saith unto him , then are the children free ; notwithstanding lest we should offend them , goe thou to the sea and cast an booke and take up the fish that first cometh up , and when thou hast opened his mouth thou shalt finde a peece of money , that take , and give for thee & mee . hereupon bernard to henry then arch-bishop of the senones thus elegantly writeth : let every soule bee subject to the higher powers : if every soule , then yours ; who doth except you from the universality ? if any endeavor to deceive you , hearken not to their councols , who seeming to be christians , hold it yet a disparagement to them to follow the deedes or observe the words of christ their master . and a little after : these things , saith he , doe they ; but christ he did both bid otherwise , and did otherwise : give unto caesar the things that are caesars , and unto god the things that are gods . what he spake with his tongue , hee performed with his hand ; as he taught so hee wrought : the maker of caesar did not deny to pay tribute to caesar , for he gave an example to you , that you should also doe the like . and a little farther he saith to this purpose . doe you contemne the saecular power ? none was more saecular then pilat before whom our lord stood to be adjudged . thou couldst have no power ( saith hee ) over me , if it were not g●ven thee from above ; even then did he speake by himself , and in himselfe shew , what afterwards he did by his apostles in his church . that there is no power but of god , and that hee that resisteth the power , resisteth the ordinance of god . before bernard st. ambrose wrote to the same purpose . if the emperor demands tribute , we doe not deny it : the lands of our church do pay him tribute : if he requires our fields , he hath power to lay claim unto them ; none of us doe interpose or withstand him . the collation of the people may redound to the poore ; let them not conceive displeasure about our fields , let them have them if they like them ; i doe neither give them the emperor nor deny them . and againe , i was commanded by the court officers and tribunes , to make a speedy surrender of the church , they alleaging that the emperor doth but use his right in demanding it , for as much as all things are in his power . i made this answer , that if hee did require of me what was mine owne to give , viz. my ground , or my goods , or any thing of the like nature , this my right i would not deny him ; although even those things of mine are the poores also . very excellently st. ang. but whereas the apostle saith , wherefore yee must needes bee subject ; it is as much as if hee should have said , there is a necessity for this life that we be subject , not resisting ; if they will take any thing away from us , in that they have power given them over our temporall things . now then , if it were not lawfull for subjects , without sin , to resist their kings when they did exact unjust tributes of them , and by violence take away their estates from them ; much lesse may we deny to princes just tributes , & other things of the like nature , which are requisite and necessary for the safety of the common-wealth , and cannot bee denied without its certaine ruine , and the great hazard of the whole christian policie . in the law of moses we reade , that the man that would doe presumptuously , and would not hearken to the priest ( that stood to minister before the lord , or unto the judge , even that man was to be put to death . and since by the lawes of men they have proceeded no lesse severely against rebels . but most strict is that law of god promulged by the mouth of the apostle : therefore whosoever resisteth the power , &c. resisteth the ordinance of god , and they that resist shall receive to themselves damnation : that is , as all divines expound it , temporall here ; and , without repentance eternall hereafter . and as for those that doe calumniate and derogate from the power , &c. of princes here , by their seditious words , and scandalous writings , although perhaps they may escape the hands of men ; yet they shall never avoid the judgements of god , from whose all-seeing eye of providence nothing can bee hid , against whose omnipotent power nothing can resist , and by whose most just judgements no wickednesse can goe unpunished . no lesse wittily then pithily st. ang. for whereas the doctrine of the apostle doth make mention of these earthly powers , he doth insinuate into our apprehensions even the parts of the heavenly judgement . for whenas hee doth enjoyne us to obey the lawes of the world , hee doth necessarily admonish us to take heed of the world to come . if thou wilt not , saith he , feare the powers , doe that which is good , which is as much to say . if thou wilt not fear the judgement to come , then eschew evill and doe good whilest thou art here . therfore we ought to take heed , & performe the first forme of this constitution , which wants the lawes of this life , that we may exclude & keep from us that fore-judgement of eternall death in the other life ; because those whom this temporall punishment doth not take hold of here ; there that eternall punishment wil follow with insufferable torment hereafter . amongst other examples of the judgements of god upon rebellious , gainsaying and disobedient persons , we have that dreadfull and horrible example of corah , dathan and abiram , in the holy scriptures , which the spirit of god sets downe as a warning to us , that we fall not into the like contradiction , lest wee fall into the like condemnation . of whom optatus milevitanus writing against the donatists , who did refuse to obey their magistrates ( as too many of the smectymnuan rout , & antipodian state doe now amongst us ) thus delivers himselfe . schisma summum , &c. that schisme is a great evill , you your selves cannot deny ; and yet without the least feare you doe imitate your most desperate ring-leaders , corah , dathan and abiram , nor will you set before your eyes , or once take it into your hearts that this evill is both prohibited by the word of god , and revenged with a most grievous judgement . and a little after : the congregation of ministers , and the sacrilegious multitude that was soon to bee confounded did stand with their inter dicted and forbidden sacrifices ; time for repentance was denied and withheld from them , because their fault was such , as it deserved no pardon . a command of hunger was laid upon the earth , which presently opened her greedy jawes upon them that caused division amongst the people , and with an insatiable mouth did swallow up the contemners of gods word . in a moments space the earth clave asunder to deuoure those fore-named separatists ; it did swallow them up , & then was closed againe upon them . and lest they should seeme to receive a courtesie by their soddain death ; as they were not worthy to live , so they were not vouchsafed to die . upon a suddaine they were cast into the prison of hell , and so buried before they were dead . st. aug. having occasion to speake of the same separates , cap. . of the wonders of the holy scripture speaks to the same purpose , & cap. . of the same book , he doth thus enlarge his meditations : again the next day the whol multitude gathered themselves together against moses and aaron as guilty of blood and would have slain them , in revenge of those that were killed ; but here both moses and aaron come before the tabernacle of the congregation , and again the wrath of the lord went forth and raged amongst the rebellious people : and againe aaron at the command of moses , filling his censer with fire from off the altar , ran into the midst of the congregation , and standing between the living and the dead , the plague was stayed . a just judgement inflicted on both , that they who did inwardly burne with the fire of anger against their lawfull princes , should now outwardly perish with the burning flame of most deserved vengeance ; & he that in his heart had forgiven the offence of his brethren , by his footsteps others being defended , the fire from heaven durst not consume ; but they that died of the plague that day were . whom the wrath of the lord consumed . wherefore to draw to a conclusion , as the apostle admonisheth and comandeth , we must needs be subject not only for wrath but also for conscience ; because as s. peter saith , this is the will of god that with well doing wee may put to silence the ignorance of foolish men , as free & not using our liberty for a cloake of maliciousnesse but as the servants of god . for although , as s. aug. hath it , we are called to that kingdom where there shall be no such powers , yet while wee live here in our journey thither , untill such time as wee shall come to that age , where there shall be an annihilation & ceasing of all principalitie and power , let us cheerefully and willingly undergoe our condition , according to the order of humane things , not dealing feignedly and hypocritically : and so doing , we shall not so much obey man , under whose command we are , as god , who doth command us to be obedient to them . therefore to use s. peters words , he that will love life , and see good daies , let him refraine his tongue from evill , and his lips that they speake no guile : let him eschew evill , and doe good ; let him seeke peace and ensue it ; let him beare in mind that commandement of god , thou shalt not revile the gods , nor curse the ruler of thy people . and not forget the councell of the preacher , curse not the king , no not in thy thought , for a bird of the ayre shall carry the voice , and that which hath wings shall tell the matter . but let him embrace the councell of king solomon , not only the wisest of kings , but of all other men . my son ( saith he ) feare thou the lord and the king , and meddle not with them that are given to change ; for it is our saviours saying , who is truth it selfe and ought to be beleeved before all our pretended reformadoes , whosoever shall take up the sword , especially against gods annoynted , contrary to the word of god , shall perish with the sword . and thus having gathered certaine flowers out of the garden of divinity , philosophy , history and policy , to make a crowne for royalty , and a nosegay for loyalty , there wants nothing now but that same thread of charity ( which the apostle casseth {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} the bond of perfection ) to constringe and binde them together ; and indeed to use s. chrysost. similitude , as flowers be they never so choyce and rare , yea the prime darlings in natures garden , and be they never so exactly composed and set in order , yet if they be not as perfectly combined & tyed together , hey fall away from one another and come to nothing . in lik● manner although a man should compose an anthologie of never so excellent precepts , sentences and examples out of the garden of divine and humane writings , and propound them as so many sweet flowers to the use and benefit of the common good , yet if there bee not the hand of charity to receive them , and the eye of candor for to reade them , and the heart of sincerity to apprehend them , and tye them together with the constriction , or rather the construction of love ; like flowers that are not tyed together , they fall to the ground and become uselesse . and s. chrysost. reason that hee gives there will hold here likewise , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . for without love they will soone dissolve , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . it is love alone that knits them fast , and keeps them together , making them usefull for the church of god , which otherwise would doe no good . and therfore having selected and culled out variety of choice sentences , precepts and sayings , both out of ancient and moderne writers as well humane as divine , and they as well protestants as romanists , and such as have been approved and honored by the judgement of the learned even of the adversaries , to set forth to the world the royalty of kings and the loyalty of subjects ; i humbly tender them to the consideration of both , his majesty our royall king & the parliament his loyal subjects ; that so if there be any thing in them , which shewing the power of the one , and the duty of the other , may tend to the repayring of that great breach , by a happy pacification , between the king and his people , which being at first begun with faction , fomented with feares and jealousies , and continued thus long with malignancy of affection , is likely to bring both king and parliament ( without the especiall providence of god preventing ) to utter ruine ; i shall attain the happy end that i first did ayme at : and for that which remaines in me to effect it , i shall turne my pen into a petition , and these occasioned collections , into religious ejaculations ; that god would be pleased to vouchsafe such a happy concurrence of opinions , and unanimity of affections between the king and his parliament ; that ( all feares and jealousies being laid aside on both sides ) the king would be graciously pleased to condiscend , as far as with his honor he may , unto his parliament ; and the parliament would humbly addresse themselves to comply , as far as it may stand with the good of the commonwealth , with the king ; that so royalty and loyalty , like mercy and truth meeting together , and the king and his parliament , like righteousnes and peace , embracing each other , the king may stil enjoy his regalities and prerogatives without farther alteration , and the parliament may still retain their ancient priviledges and immunities without any more interruption : that so the king , the head , may be happy in the parliament , his members , and the parliament , the members , reciprocally happy in the king their head ; and the whole kingdom , by this c●ment of charity , happy in both . which that it may speedily come to passe , is the hearty wish and darling desire , of him who for the accomplishment of it is , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . his gods most humble orator , his kings most loyall subject , his countries most affectionate patriot , ro. grossk . notes, typically marginal, from the original text notes for div a e- greg. lib. . moral . c. . aug. l. . de civ. dei c. . cic. de leg. . cic. ibid. arist. l. . pol. c. . chrysost. ad . pop. antioch . hom ● . tacit. l. . hut . soph. arist . pol. c. . sen. lib. . de clem . c. . casus sph. civi . p. . plat. dial . . arist. . pol. . cic. . de leg . salust . de conjur . caral . herod . l. . zech. l. . pol. c. . diodor. l. . polyd. virg. . de invent . rer. m. arrian . in hist. alex. messal . corvin . in lib. ad aug. herodot. . . bellar. de laic . l. liber homo . d●ad leg. aquil. gen . . exod. . . bellar. de ro. pont. l. . c. . cic. l. . leg. salust . bellar. de ro. pont. l. . c. . just . l. . l ne●o . d. de regul . jur . rom. . . ver. . epiph. cont. archon haer. . lip. . l. pol. c. . rom. . lip. pol. . c. . sen. de clem. . liv. li . . spud lips . arist. l. . pol. c. . sam. . . & se● . luther in post . super eu●ng . dom. . post trin. cor. c. . strigel , in . sam. . p . sam. . . l. legis virtus d. de legibus . ille a quo §. tempestivum . d. ad sc. trebel . l. . d. de . recept. . qui arbit . arist. pol. . c. tacit. . . hist. arist. l. . pol. c. . cic. orat. . deiot. salust . de bel . jugurth . l. prince p● d. de legibus . dio . . const. harm. . . epit. tit. . eccles. . . wisdom . . . . irenaeus . . advers haeres . tettul . in apol. hieron. ep. . ad rustic . psal. . ambros. apol. prim . david . c. . aug. ep. . aug. de fa● . greg. l. . hist. c. . & aimoin . . . c. . otto f●sing in . ep. ad ercd. oenob . praef. . chron. . bellar. d● . laic . c. . l. sed licet d. de offic. praef. bellar. de rom. pon . . . c. . & . 〈…〉 . 〈◊〉 de regim. civ. num . . bodin de . rep. . . . philip . in epit. phil. moral . p. . brent . hom. . in . l. sam. osiander in notis d. h. l. deut. . , , . joseph . . . antiq. jud. c. . lyra in com. sam. . greg. l. . in . reg. c. . arnisaeus l. . de jur . majest. c. . n. . greg. l. . in reg. c. . king : . . sam. . . lips . pol. in praef. lips . ibid. feud . l. . tit. . regalia . mar. . . sen. . . de be nes . c. , . cit. off . , . tacit. . . hist. tacit. . . hist. cic. pro leg. man . just . l. . hist. pompon. l. . d. de orig. jur. ulpian l. . d. de constit . princip. l. si imperialis . c. de legib. & constit . princip. pro. . . aug. tract. . in euang. johan . & habetur dist. . can. quo jure . aug. l. . conf●s●e . & refertur dist. . can. quae contra . arist. l. . polit. c. . arist. l. . pol. c. . joan. bodin . l. . de rep. c. . joan. bo 〈◊〉 . l. . derep . 〈◊〉 bodin . l. . c. . l. . f. de legib. bodin . l. . de rep. c. . bodin l. . c. . & arnisae . pol. c. . keck . in syst . polit. l. . c. . p. . l. . f. de nat. resti . vult . de feud . l. . c. . n. . baldus c. . quae sit. reg. n. . & . mut. in vit. car. m. & car. . althus . in pol. c. . and tho. mich. de . jurisdict. . con. . . and . vult . de . feud . . . c. . n. . l un . c. de nund . jus saxon. l. . art . . and . . art . . l. humanum . c. de legib. & constit . princip. bodin . l. . de . rep. c. . ob. resol. notes for div a e- bodin de repub. pag. . colleg. polit. dithmar . disp. . thes. . l. assumptio . . §. . ad muncip . l. municip . sect. . f.eod. augustan : confess . art . . ephes. . . exod. . . deut. . . ro. . . sam. . . ver. . sam. . . pet. . . pro. . . plato in point . ro. . . 〈◊〉 . . exod. . . philip maced. in plin. paneg. aug. in lib. quest . v. & n. test. q●est . . sam. . . chrysost. arist. polit. rom. . . colleg. polit. dithmar . disp. ulpian . in● . in criminibus §. . f. de quaest. cic. pro manl nov. . c. liv● . . p. . tacit. . annal. lip. pol. . c. ecclus. . , gen. . . luth. com. in gen. c. . p. . gen. . act. . rom. . . titus . . tim , , . jer. . . . pet. . , . ver. . rom. . dan. . . : john . . greg. nazian. tertul. de idololat . optat. milev. . . cont. parmen aug : in quaest. ex vet. test . quaest. . aug. exposit . quar . propos. ep. ad r●m . propos. . hier. in ep. ad tit. & habetur . quaest. . can. si dominus . chrysost. in rom. . hom amb. . . orat . in auxent . bern. ep. . cajet. in ep. ad rom. . tert. in apologet advers. gent. c. . aug. in psal. . & habetur . quaest. can. imperatores . ruffin . hist. eccl. . l. . & theodor . l. . hist. c. . nazian. in orat . in julian . amos . . prov. . . object . resol. mar. . . mar. . . . . bernard ad hen. archiep. senon . ep. . amb. . . conc. de basilicis non tradend . haer●t . p. . ambros. l. . ep. . ad marcel august . exposit . quar. propos. ex epist. ad rom proposit. . deut. . . august . de jmper . see . ro. . . ● ptat . mi levit. cont. parmen. august . de mirac . sact script . c. . & . num. . . ● . . . pet. . ● . . august . exposi● . q●ar pro ●of . epist. ●d rom. proposit. ● . pet. . exod. . ● . ●ccles . . ● . pro. . . mat. . ● . conclusion . colos. . . chrysost. hom in coloss. . chrysost. ut supra . an additional article to the laws of vvar and ordinances of the sea. england and wales. parliament. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) an additional article to the laws of vvar and ordinances of the sea. england and wales. parliament. sheet ([ ] p.) printed by john field, printer to the parliament of england, london : . order to print dated: friday the twenty eighth of october, . signed: hen: scobell, clerk of the parliament. reproduction of the original in the british library. eng merchant mariners -- england -- early works to . sailors -- england -- early works to . great britain -- politics and government -- - -- early works to . great britain -- history, naval -- th century -- early works to . a r (thomason .f. [ ]). civilwar no an additional article to the laws of vvar and ordinances of the sea. england and wales. parliament. a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion blazon or coat of arms an additional article to the laws of war and ordinances of the sea . that all mariners and others imployed , or which have been imployed in the service of this commonwealth in their fleets , or otherwise at sea , shall after the time of their respective discharges , demean themselves with all duty and respect to the publique peace : and if any person who hath been , is or shall be so imployed , hath committed or abetted , or shall commit or abet any mutinous or seditious act , whereby the peace of this commonwealth may be , or hath been indangered ; every such person shall be proceeded against , and suffer pains of death , or otherwise , in the same sort and maner , as by the laws of war and ordinances of the sea already established , he might have been proceeded against for any act of that nature , in case of being in actual service . provided , that every person comprized within this article , be proceeded against within three moneths after the offence committed , and not otherwise . friday the twenty eighth of october , . ordered by the parliament , that this additional article to the laws of vvar and ordinances of the sea , be forthwith printed and published . hen : scobell , clerk of the parliament . london , printed by john field , printer to the parliament of england . . the fanatique powder-plot, or the design of the rumpers and their adherents, to destroy both parliament and people. vvith a caution against forged intelligence. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing l a thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) the fanatique powder-plot, or the design of the rumpers and their adherents, to destroy both parliament and people. vvith a caution against forged intelligence. l'estrange, roger, sir, - , attributed name. sheet ([ ] p.) s.n., [london : ] anonymous. attributed to sir roger l'estrange. imprint from wing. annotation on thomason copy: "march. ". reproduction of the original in the british library. eng england and wales. -- parliament -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no the fanatique powder-plot, or the design of the rumpers and their adherents, to destroy both parliament and people. vvith a caution against [l'estrange, roger, sir] c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - elspeth healey sampled and proofread - elspeth healey text and markup reviewed and edited - pfs batch review (qc) and xml conversion the fanatique powder - plot , or the design of the rumpers and their adherents , to destroy both parliament and people . vvith a caution against forged intelligence . that this nation hath been long miserable , under the power of a violent and restlesse faction , is clear to all such as are endued with memory , and reason : nor is it more superfluous , to reflect upon their pass'd miscariages , than necessary to take some notice of their later cheats , and insolencies . their design was , to fix themselves in a perpetual counsel ; contrary to oath , and law ; and to cut off successive parliaments . to carry on the project , they had armed all sorts of libertines , throughout the nation , particularly , threatning london with fire , and sword , if they should not comply . their barbarous purposes were disappointed , by the general's re-introduction of the secluded members : together , with the united rage of the people against them . in this hopeless and deserted condition , what they could not effect by open force , they attempted by treachery , and corruption . they used all art , and diligence , during the session , both to gain opportunities , and to emprove them ; but being over-voted in the main , they fell upon a more direct , and shamelesse method of villany . — they falsified the lists of the militia : — sollicited petitions from the city , for their continuance : — juggled the army-officers into a tumult : — employed their instruments to destroy the general ; — mutinyed the army , and the city ; and finally , they engaged a great part of the souldjery to remonstrate against the rest of the nation . but all too little , to prevent their dissolution ; or to disturb our hopes of settlement . the general hath approved himself , in the calm , steady menage of this wild affair , a person worthy of all the honour we can give him . these brutish libertines , — finding all their plots bubbled , — their mines vented ▪ — their party , weak and heartless , — themselves friendlesse abroad , and comfortlesse at home , — as guilty , and as desperate as cain ; after the sad despair of any the least benefit to themselves , they are yet pleased in the contrivance of our mischief ; they 're not dissolved , they tell us , — and attempt to meet again : that 's in vain ; and now they come to their last shifts . these sense lesse cox-combs offer the honest general the instrument of government ; as if , that noble , generous soul , were to be wrought upon , to prostitute his honour , and his safety ; and all this , to preserve a kennel of such reprobated , and ridiculous puppies . i wonder , seriously , how these pimps , and knights o' th' post , — scot , and his fellows , scape the fury of the people : that rabbit-sucking rascall , with his fellow cheats , and pandars ; these are the youths , gentlemen , that offer you like doggs , to any master , that will bestow the haltering of you . for shame , bethink your selves . to be as short as possible , thus far you're safe : but yet these tumblers have not shew'd all their tricks : their last recourse , is to the forgery of letters ; ( but so ridiculously framed , they are rather argument of sport , than anger : for the brewer is much better at a cheat , than at a stratagem ) there are diverse scandalous papers dispersed , in the name of the king ; and as the sense of the royal party . you shall do well , to take notice , that nothing of that quality , proceeds either from himself , or his friends . the project is phanatique , and tends only to hinder our expected , and approaching settlement . to mention one , for all ; there is a pamphlet of yesterday , entituled — — news from brussels , in a letter from a near attendant on his majestyes person , to a person of honour here — which casually became thus publique . do but observe this formal noddy , how he boggles upon the very title-page . — how casually , good-man sense-lesse ? did it drop into a printing house , and publish it self ? — his title is followed , with a suitable text ; of so pityfull an ayre , and fashion , i am ashamed to confesse the reading of it . indeed , i would advise the secretary , rather to return to his placket-politiques , for he is not half so good at state , as bawdery . to deliver his aim in other terms , for fear of giving the reader a vomit . the principal drift of his discourse is , to personate a royalist , charging the presbyterians with the murther of the king , and professing an implacable animosity against the whole party — not to employ more subtilty than needs upon so frivolous a subject . let this suffice . who murthered the king , the nation knows ; and who interposed to save him ; — who they are , that at this instant , oppose a settlement , and who desire it ; — nay more , we know , who cannot live under a peaceable government , and who cannot live without it : and it is fit to shew all honest people to distinguish . those , that have designed us for slavery , it is but reason to marque them out for justice : yet i should advise tenderness ; where by saving a few , infamous malefactours , we doe not hazzard a more considerable losse . he that forgives them , extends his charity , but he that trusts a man of them , betrayes his country . march . . finis . political discourses tending to the introduction of a free and equal commonwealth in england / by james harrington, esq. harrington, james, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing h ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing h estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) political discourses tending to the introduction of a free and equal commonwealth in england / by james harrington, esq. harrington, james, - . pts. printed by j.c. for henry fletcher ..., london : . imperfect: parts - are lacking in the filmed copy. reproduction of original in bodleian library. pour enclouer le canon. . eng great britain -- politics and government. a r (wing h ). civilwar no political discourses: tending to the introduction of a free and equal commonvvealth in england. by james harrington, esquire. harrington, james c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion political discourses : tending to the introduction of a free and equal commonvvealth in england . by james harrington , esquire . london : printed by j. c. for henry fletcher , at the three gilt cups in paul's church-yard . . pour enclouer le canon . it is obvious and apparent unto sense , that venice , holland , switz , are not molested with civil war , strife or sedition , like germany , france , spain and england ; yet will men have a commonwealth to be a confusion . what confusions we have had in england , while the norman line strove for absolute power , while the barons strove for ancient liberty , while the houses of york and lancaster strove for royal dignity ; and last of all , during these eighteen years , in the wars that have been between the king and the people , in the difference of judgment both concerning religion and government , and under the perfidious yoke of the late tyranny , is known . at the apparition , or but name of a commonwealth , and before any such orders are introduced , or perhaps truly understood , all men , or the most of them , are upon a suddain agreed that there be a good and perfect fixation of the army unto the old cause ; and that the remnant of the long parliament be assembled : so we have this for a tast or relish of a commonwealth , that of the eighteen , the present year is already the most unanimous . nor can this be attributed unsto chance ; seeing the wit of man , our case considered , could not , i think , have invented a more natural and necessary way of launching into the orders of a commonwealth , then first by fixation of the army so , as no council ensuing may have any ambitious party on which to set up : and then to assemble that council which hath given testimony of it self , to have been the most popularly addicted . by these it is no less then demonstrated , that the army is faithful , and the people ( for the most active part of them , which in like cases cometh to more then all the rest ) is wise . be it granted , that the far greater part of them ( libertatis dulcedine nondum expecta ) would force us unto the continuation of monarchy , if they could , this is the old temper of a people in like cases : thus the romans , upon the death of romulus , forced the senate , who would have introduced a commonwealth , to elect numa with the succeeding kings ; and could not be brought unto the abolition of monarchy , till it was imposed upon them by brutus to abjure it . nevertheless , this people having once tasted of liberty , were of all others the most constant assertors of the same . it causeth with the best politicians despair , and , as it were , a kinde of tearing themselves , that the people , even where monarchy is apparently unpracticable , and they have no way but a commonwealth or confusion , hold their ancient laws and customs unalterable , and persecute such as advise the necessary change of them , how plainly soever demonstrated , as authors of innovation , with hatred , if not in tumult and with violence , as when lycurgus in a like assault lost one of his eyes . here is the discouragement ; the many through diversity of opinions , want of reach into the principles of government , and unacquaintance with the good that may by this means be acquired , are never to be agreed in the introduction of a new form : but then there is also this consolation , that the many upon introduction of a new form , coming once to feel the good , and tast the sweet of it , will never agree to abandon it . this is all the comfort that politicians , in like cases , have been able to give themselves upon consideration of the nature of the people in general . but if we consider the nature of the people of england , i am much deceived , or the consolation of knowing men , and good patriots , may yet be far greater . for though the people of england may be twenty to one for monarchy , they are but deceived by the name , seeing they having of late years been more arbitrarily governed then formerly , desire no more under this name , in the truth of their meaning , then not to be at the will of men , but return unto the government of laws ; for the late monarchy being rightly considered , was indeed no more then an unequal commonwealth ; onely here is the fault of all unequal commonwealths , they pretend to be governments of laws , and at the same time defer unto some one , or few men , such power , prerogative and preheminence , as may invade and oppress laws ; which fault was the cause of perpetual feud , or at least jealousie between our kings and our parliaments . but there is in relation unto the people of england , yet a greater encouragement unto commonwealths-men : for though if we look upon the true cause of popular government , the balance hath been many years in turning , yet since it came to be so perceivable as to cause any mention of a commonwealth , it is but a short time . should we go so far as to compute it from the beginning of the late vvar , it exceedeth not eighteen years , in which the eyes and affections of the people are so wonderfully opened and extended , that i do not think there are fewer then fifty thousand of the more active and knowing that drive vigorously at a commonwealth ; while the rest are not onely calm and passive , but mature for any good impression without danger , or indeed appearance of any vvar or tumult that can ensue upon the introduction of a new form : nor is there the least improbability that an equal commonwealth may be received with embraces , seeing a tyranny came not onely in , but was supported without blood . but if people for the extent of their territory , and for their bulk or number so great as this of england , should fall ( to take a larger compass then i hope we shall need ) within the space of thirty years out of monarchy , to which they have ever been accustomed , into a commonwealth of which they have had no experience nor knowledge , and that ( except in the ruine of monarchy , which how infirm soever , useth not to expire otherwise ) without rapine , vvar , or indeed without any great confusion , i doubt whether the world can afford another example of the like natural , easie and suddain transition of one government into another . yet ere two parts in three of this time be expired , men can be despairing . in what ( say they ) have you shewn us that we must necessarily be a commonwealth ? why in this , ( say i ) that you cannot shew me how we should be any thing else . in what posture ( say they ) do we see the people to give us this hope ? vvhy in the very best ( say i ) that in this state of affairs a people ( if you consider their humour or nature ) could have cast themselves into . this posture to return is thus , or at least thus i take it to be : the armies of this nation by restitution of their old officers , are fixed , resolved upon , and encouraged by the most active part of the people towards the prosecution of the old cause , or introduction of a popular form : the framing of this form is modestly and dutifully defer'd by them unto the civil power in the restitution of the long parliament , in that remnant of the same which declared for , and obliged themselves unto this end . now putting this to be the case , i come to the scope of this paper , which is to discourse upon this posture ; in which to my understanding , there are but three things that can interpose between us and a commonwealth , and but two more that can interpose between us and an equal commonwealth . the things that may interpose between us and a common-wealth , are such monarchy , as can no otherwise get up then by forraign invasion ; or tyranny , which at the strongest among us was not of any duration , and which changing hands must still be weaker : of these two , they being onely possible , and no whit probable , i shall say no more . but the third thing which can interpose between us and a commonwealth is oligarchy , which in like cases hath been more probable and incidental , then i conceive it to be at the present : such a thing if it be introduced among us , is most likely to be of this form . it may consist of a council not elected by the people , but obtruded upon us , under the notion of a senate or a balance , or of religion ; and it may be for life , or for some certain or pretended term , with a duke or princely president at the head of it , or without one . the power at which such a council doth naturally drive , is to call parliaments , and to govern in the intervals : but the success of such a council , will be , that if in calling parliaments , it do not pack them , it will be forthwith ruined ; and if it do pack them , then the case of such a councel and a parliament will be no otherwise different from the case of a single person and a parliament , then that more masters less able to support their greatness , & whose greatness we shall be less able to support , will be a burden by so much more heavy , then one master more able to support his greatness , and whose greatness we were more able to support . but this will either not be , or be of no continuance . the things that can interpose between us and an equal commonwealth , are either a senate for life , or an optimacy . the seventy elders in israel , were a senate for life ; this though constitutively elected by the people , became after the captivity , or in the jewish commonwealth ( how anciently is uncertain ) meer oligarchy , by the means of ordination ; no man being capable of magistracy except he were a presbyter , no man being made a presbyter but by laying on of hands , and the prince with the senate engrossing the whole power of laying on of hands . nor were the people thus excluded , and trampled upon by the pharisees under other colour then that of religion , or tradition derived in their oral law or cabala from moses , in whose chair they sat , and not only pretended their government to be a government of saints , but in some things bade fairet for that title then others , who assumed it afterwards : for that they did miracles , is plain in these words of our saviour , unto them : if i by beelzebub cast out devils , by whom do your children cast them out ? therefore they shall be your judges , mat. . . by which i may believe that miracles themselves do not in any wise oblige us to hope that such a state of government can be religious or honest : much less , where there are no miracles , nor any such certain distinction to be outwardly made between a saint and an hypocrite , as may secure us that we shall not have hypocrites imposed upon us for saints . the surest testimony of saintship in rulers , is , when they are willing to admit of such orders in government , as restrain the power to do wickedly , or of lording it over their brethren . upon the pattern of the high-priest , and the seventy elders , 〈◊〉 the government of the pope and his seventy cardin●●s , pretending also unto saintship ; which nevertheless is li●●●● yeelded unto them , as they assume that a councel of se●●nty for life , is a good guard of the liberty of conscience . the next senate for life , was that of lacedemon , consisting of two kings hereditary , and twenty eight senators elective . these notwithstanding they were not eligible but by the people , and at the sixtieth year of their age , and by the balance or equal agrarian of their commonwealth , could not any one of them excel the meanest citizen in their lot , or shares in land ; so vigorously attempted to draw the whole result of the commonwealth unto themselves , that if the people had not 〈◊〉 riven as vigorously for the preservation of their right , they had been excluded from making their own laws . the expedient found out by the people in this exigent , was their election of five annual magistrates out of their own number , called the ephori , with power to try , condemn and execute any of their kings or senators which thenceforth should go about to subvert the fundamental laws of their government , by which it belonged unto the senate to debate and propose only , and unto the assembly of the people to resolve . without this expedient ( which in another commonwealth not planted upon a like agrarian , would have availed little , as the roman people heard afterwards by their tri●unes ) had the people af lacedemon through a senate for life been deprived of their liberties . the roman commonwealth was also founded upon a senate for life ; which though first instituted by election of the people , came afterwards to be such into which their children found other admittance , in such manner as from hence grew a pairician order , ingrossing not only the senate , and excluding the people from bearing magistracy in the common-wealth , but oppressing them also by an heavy yoke of tyranny , which caused perpetual fewd between this senate and the people , and in the end the ruine of the commonwealth . yet entitled this nobility themselves unto these prerogatives , no otherwise then by such religious rites , as among them were believed to confer saintship , and thereby to intitle them unto dominion over the people , in which they were also aided by the optimacy . now examples of a senate for life being of like nature and necessary consequence , it is my hope and prayer , that never any such be introduced in england . but in case of an optimacy , a commonwealth , though not admitting of a senate for life , may yet be unequal . athens consisted of a senate upon annual rotation ; yet through the optimacy which was instituted by solon , came under such a yoke of the nobility , as upon victory obtained in the battel of plataea , they took the opportunity to throw off , and reduce the commonwealth unto more equality . an optimacy is introduced , where a people is not only divided by tribes according to their habitation ; but every tribe into classes , according unto their estates or different measures in riches ; as if you should cast all that have above two thousand pounds a year into one classis ; all that have above one thousand pounds a year , into another ; all that have above five hundred , into a third ; and so forth , for as many classes as you like to make . now if in this case the first and second classes may give the suffrage of the whole people , as in rome ; or that these only may enjoy the senate , and all the magistracies , though but upon rotation , as in athens ; yet the people , as to these parts being excluded , the commonwealth must needs remain unequal : wherefore this also ought to be forewarned , to the end that it may be prevented . to conclude , if we in england can have any monarchy , we shall have no commonwealth ; but if we can have no monarchy , then bar but a senate for life , and an optimacy , and we must have an equal commonwealth . successive parliaments , whether immediately , or with councels in the intervals , and like fancies , will be as void of effect , as of example , or reason . but an abundance of things is tedious ; we would have such a commonwealth as may be dictated in a breath . thus then : let a senate be constituted of three hundred , and a popular assembly of one thousand and fifty , each for the term of three years , and to be annually changed in one third part . but in case a commonwealth were thus briefly dictated , what would this abate of those many things which must of necessity go unto a like structure , that it may be equally and methodically brought up from a firm and proper foundation ? there is no way of dictating a commonwealth unto facile practice , but by the seeming difficulty of the whole circumstances requisite , even to a tittle . nevertheless to try again : let the lands throughout england be all cast into some parish . let every parish elect annually a fifth man ; let every hundred of these fifth men , with the places of their habitation , constitute one hundred ; then cast twenty of these hundreds into one tribe or shire . putting the case the tribes or shires thus stated amount unto fifty , let the fifth men or deputies in every tribe or shire , elect annually two out of their own number , to be senators for three years , and seven to be of the assembly of the people for a like term , each term obliging unto an equal interval : which senate being for the first year constituted of three hundred , and the assembly of the people of one thousand and fifty , gives you those bodies upon a triennial rotation , and in them the main orders of an equal commonwealth . if you must have a commonwealth , and you will have an equal commonwealth , then ( pardon my boldness ) after this or some like manner must you do , because like work never was , nor can be done any otherwise . may . . j. harrington . london , printed for henry fletcher . . notes, typically marginal, from the original text notes for div a e- see m. b. . c. . a view of englands present distempers occasioned by the late revolution of government in this nation, wherein (amongst others) these following particulars are asserted : (viz) that the present powers are to be obeyed, that parliaments are the powers of god, that the generality of gods enemies are the parliaments enemies, et contra : together with some motives, ground, and instructions to the souldiery, how and wherefore they ought to subdue by arms the enemies of the parliament in england &c. beech, william. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing b ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing b estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a view of englands present distempers occasioned by the late revolution of government in this nation, wherein (amongst others) these following particulars are asserted : (viz) that the present powers are to be obeyed, that parliaments are the powers of god, that the generality of gods enemies are the parliaments enemies, et contra : together with some motives, ground, and instructions to the souldiery, how and wherefore they ought to subdue by arms the enemies of the parliament in england &c. beech, william. [ ], p. printed for william raybould, london : . preface signed : william beech. attributed to william beech by wing and british library catalogue. reproduction of original in the british library. eng great britain -- history -- civil war, - . great britain -- politics and government -- - . a r (wing b ). civilwar no a view of englands present distempers. occasioned by the late revolution of government in this nation. wherein (amongst others) these follow beech, william c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - judith siefring sampled and proofread - judith siefring text and markup reviewed and edited - pfs batch review (qc) and xml conversion a view of englands present distempers . occasioned by the late revolution of government in this nation . wherein ( amongst others ) these following particulars are asserted : ( viz. ) that the present powers are to be obeyed . that parliaments are the powers of god . that the generality of gods enemies are the parliaments enemies ; et contra . together , with some motives , grounds , and instructions to the souldiery ; how , and wherefore , they ought to subdue by arms the enemies of the parliament in england , &c. london , printed for william raybould , at the unicorne , neer the little north doore in pauls church-yard , . to the reader . good reader , that i seeke no other patron but thy ordinary favour , & give thee no greater title then reader , it is because no name or title is comparable to thy ingenuity , if thou do but make up the title with this epithite , and prove an ingenuous reader . what ever thou art , deale not roughly with the lad , because hee was conceived in affliction and brought forth in a time of sorrow , and hath no will to distast thee , if thou be not either tygrous irish , or degenerate english , a barbarous redshanke , or cruell barbarian . this i dare say , if thou bee but a favourer of true religion , and a friend of englands , thou canst not finde a word to offend thee , if thou shouldst be of the number of those that fish for carps . reader , i looke on thee as an honest hearted english man , and as one that wouldst loathe to see thy dear country england made a place for wild beasts , wild ●rish , or pagan red-shankes ; as upon one whose soul would bare either to bee tributary or in vassalage to such rude and barbarous masters , when thou hast the choyse to be the subject of a free state . reader , the author suspects demetrius and diotrephes and hymeneus too of much unkindnes and enmity to this essay . you know , sir , by this craft wee get our gaine ; ( saith demetrius ) how many get great advantages by fishing in these disturbed waters , and in kindnesse to us , carry away most of our goods to their owne houses ( instead of the common fields ) from the common burnings ! nay i have knowne some people inhabiting neere the shore of the angry irish seas who in times of greatest storme and shipwrack , when they had stript the dead bodies of seamen , and passengers cast on shoare , and had taken what the merciles seas had left , they have called it gods great blessing to them , and from thence came that proverb , it is an ill wind that blowes no man good . diotrephes too , he is haughty and proud , and affects the preheminence , but loves not the brethren , and hymeneus flies off from his first principles and blasphemes , who is therefore excommunicated by paul , that he may learn better things : and this man what hee lately affirmed , that hee now denies , and it will bee hard to finde him fixt or centred anywhere . this man , like an unsettled wind , either runs before or keepes company with the sunne , and makes the hay and stubble of his faction while the sun shines so hot ; and it is very dangerous lest such fiery spirits ( who want humility and the fear of god to guide them ) should blow up and burn to ashes a rich and plentifull island , the gallant ship ( a ship of the first rate in europe ) the common-wealth of england cumbred now as well with tough and powder to preserve her from water and pyrats , as fraught with riches for the merchants and islanders . and you that are masters ▪ quench these coles of iuniper , and provide that all be safe under deck , or wee may come short of the harbour of salem . for these men , my wishes shall bee other then his of athens was for himselfe ( it was damedes ) he prayed hee might have good trading ; and what was his trade thinke you ? why he was a coffin maker ; for which the wise state there banished him the city , as knowing that his owne and the common-weale of that people were not consistent . the very god of love and peace give us peace alwayes and by all good meanes . and let the feare of that eye that seeth in secret , keepe us from all deeds of darknesse , all secret under minings , all darke lanthornes , and murder-plottings . reader , this is my ben-oni , the son of my sorrow , it wil be some ease to me , if it prove thy joy , and inherit the blessing of benjamin : i have charged him ( not upon mine but gods blessing ) to shun the wild children of rape & the stubborn sons of cruelty . for if he should not , but joyne with the daughters of heth , what good should my life do me . i shall say no more , lest i weary thee by saying too much ; thine in love william beech . imprimatur , iune . . ioseph caryll . errata . p. . . read genuine . p. . l. . read moab . p. . l. . read tantam quantam . a post-script to the reader . friend , when thou canst not see the sunne for clouds , thou lookest for the hand of the dyall to tell thee what a clock it is ; if thou be cumbred with occasions , and canst not tarry untill it cleer up ; i have lent thee this ☞ or digit , being but a finger of the hand in this orthologue , to tell thee justly how the day goes , especially the afternoon , for the morn or rising of my discourse , is doctrin all , the latter part is distributive , and will afford a table or index large enough for the greatest size of most mens patience in this sowre age . reader , there are some litterall faults , and smaller escapes both in words and figures : and though the printer did something mistake , yet do not thou ; and my dear benoni , if any throw dirt upon thee for thy fathers sake , be not afraid , it will not stay , it cannot stain , it shall not hurt thee if thou have the wit to tell him thy father will meet him anywhere but in a dark cell , or upon an irish bog . the ☞ or table . the generality of gods enemies , be the parliaments enemies too . page . . the present powers are to be obeyed . p. . parliaments are the powers of god . p. . what a madnesse it is for us to divide upon quidities , when a powerfull combination of enraged enemies are united to destroy us . p . enemies be close and deeply subtile . p. . enemies like ivy winde about our soundest trees . p. . sometimes the enemies by subtilty make the parliament enemies to their good friends . p. . the parliament put their friends upon hard duties . p. . the parliament should not forget their services and sufferings . p. . the parliament should not put their friends off to lawyers . p. . the parliament should not shame their friends . p. . the parliaments friends are very much ashamed , and not only hated by their enemies openly , but by their friends too , according to some distinctions of hatred . p. . souldiers , and such as have hazarded their lives for the parliament may speak boldly to them . p. , . grief and unkindnesse make men speak , and do what they would not . p. . motives , grounds and instructions to the souldier , why and how he should subdue by armes the enemies of england & ireland . p. , . a singular good motive unto the faithfull souldiers bound for ireland . p. . a horrid design in the tabernacles of edom , being the head-quarters of an united enemy of ten nations ; discovered to the nation of england , and city of london ; and seriously commended to them as an advertisment unto love , and brotherly agreement among themselves . psalm . . . . assur also is joynned with them , they have holpen the children of lot . do unto them , as unto the midianites . i would not tyre you by large introduction or prologue ; it is my desire to lead you by the hand into the parlour , rather then ●o stand complementing at the door . if i might therefore obtain but so much ●ove of the reader , as to be read , and read over without prejudice , ( in an age so impatient of both , and indeed so scandalous for writing and scribling fancies ) i would promise to bound my self within these ensuing limits , and i am perswaded i shall no wayes discontent those that be godly , peaceable , and truly wise , because the truth i have here brought them , is of that precious tendency to prevent the same . first i shall point out unto you some leading observations , which arising in the very east of the psalm , may serve as well for the understanding of the text to assure us of the truth thereof , as the star in the east was of use to guide the wise men to finde out christ . secondly , my endeavours shall be to deal faithfully with you , in cleering the text , and rendring such usefull observations from thence , as you shall say is genuitie and naturall and free from the least violence offered to the true meaning of the place ; and to be contrary , as i am able to oppose my self , to all the glozings , strainings , and corruptings of sacred truths in this unhallowed age . and herein also i shall humbly challenge and use this just freedom . mine own method , which hath its use also to help the decayes of memorie . to be concise and short , and yet as abounding as i am able in fulnesse of matter , and largenesse of affection in so small a bulk of words . . to be perspicuous and plaine , and plain dealing too , yet modest , and sober , and as much avoyding bitternesse and strife , in an age so unhappily degenerate into strife . not to meddle with parties , lest i prove rather a pharez then a barnabas , rather a breach-maker , then a repairer of our breaches , and so grieve those that be godly by widening , not curing their lamented sores . from these i shall not crave any liberty to erre , though i should passe through fire and water that might either affright or discourage mee : the warrant which the text gives me being rather to unite gods israel against such as are enemies unto israels god . my first work then , according to promise , is , to shew you some necessary considerations that are couched in the words of the text , but expressely set down in the foregoing verses , and these must be premised and seriously thought upon , before any comfortable progresse can be made in this propheticall imprecation against the enemies of gods church , for their treacherous combinations , and bloody conspiracies against his people . for here we may see , as in a glasse , much of the confused and besmeared face of our times ; and in this mappe of israels troubles , you need go no further to view englands present feares and distempers , and again in israels hope we may gather englands comfortable assurance , that god will do unto their enemies also , as he did unto the midianites . for first , are not here preparations ? and these mighty ones . and are not here designes too ? and these , be not they harsh and cruell ? here is malignity steeped in blood and dyed in grain , like that in ireland . and is the punishment here easie , or avoydable , or is the gibbet too neer the ground for these tall and lofty offenders ? no , no , it is a destruction fifty cubits high , parallell to that of hamans for his bloody purposes against the ( then beloved ) jews , and like that of the midianites here , a compleat and rare destruction , a well composed destruction , ( as it were ) in print , and licenced by one of judgement : the church desires no more in point of revenge , on gods and their implacable enemies , then this , that he would but eye this pattern in his proceedings against them , and do no worse unto them then he did unto the midianites . you will receive but little warmth from this scripture untill the sun be risen , and we look out for those observations spoken of , arising in the east of this psalm , which are here either expressely set down , or necessarily implyed , and i may the more boldly take notice of them , as i passe on , because my text includes them also in the relatives , them , and them , and . in the pattern , the midianites , and . the petition or rather the repetition of his first suit doe unto them , &c. ( viz ) punish them severely . and . in the motive , assur also is joyned with them . the first observation is this , that god doth sometimes appear unto his people as one that is both deafe and dumb , and as one that is regardlesse of their persons and prayers , even then when they are most of all beset with fears , and have great need of help . . observation . that in this their beseiged condition , it is below the brave spirits of gods children to be affrighted out of their grounded hopes into a consternation , or an amazed dejection of minde , but rather their heroick resolutions are exceedingly hightened as in indignation and magnitude of minde against the proud enemie , so are they lifted up in faith and greater affiance in god . . observation . that it is one main prop , that supports the courage of gods people in shaking times , when they consider that their enemies be gods enemies too , when they can interest him in their quarrell at home or abroad , as here , lo thine enemies o lord , and they that hate thee . and then comes in this fourth doctrinall observation , very patly from the expresse words of the text . . obs. that these enemies be they never so numerous to devour us , so cunning to divide us , so cruell to murder us , so proud to vaunt over us , yet they shall be exactly punished , according to the pattern of midian , as soon as gods period and theirs meet together , and are acccomplished , as theirs also was . and first of the first . god seems to leave his people to themselves , ( though truly and really he doth not ) in times of greatest danger and commotion , and to have but little care of them . this is evident from the first verse . the church complains , and wonders how he could be still while the enemie was so busie ; how he could be silent , while the adversaries roare and make a tumult ; how he could finde in his heart to hold his peace and lie down , while these vaunt themselves so proudly , and lift up the head . many such complaints are made by the church in the book of the psalms , and elsewhere abundantly , quousque domine ? how long lord ? and , will the lord absent himself for ever ? up lord , why sleepest thou ? gods ends are excellent , and wise , and deep , and unfathomable . and some of them belong to his secret purpose , others to his revealed will , and these are . . that which is nearest to him , his own glory . . that which is dearest to him , his peoples good . . it was for the chief rent of his own glory , that he hath farmed out the world to man for term of life ; and when he strains upon all again for our unthankfulnesse , hath not he the great good of his own honour , out of the evil of our dishonour and shame , by shaming us out of our ingratitude ? . and what 's their losse but gaine ? are they not winnowed , sifted , tried , turned upside down ? inside out ? and what a number prove chaffe and rottennesse upon tryall , and will pay no rent , because they think , the incomes of their prayers be so little ? of all gideons host , you shall finde but . men that upon tryall , would bend the knee to lap up the water of such cold discouragements : gods people bend most , when he seems most stiffe and inexorable . . for their advantage too in respect of the enemie ; they lift up the head saith the church here , but it is a fatall lifting of it up ; tolluntur in altum , vt lapsu graviore ruant ; like hamans advancement : and they grow confident , like sisera's wise ladies , have they not gotten ? have they not divided the spoil ? presuming upon sisera's great host , and iron chariots ; and are there not many such wise ladies in england ? but it made way for their more dolefull ruine , and the churches triumphant song : see how heartily she rejoyceth at the conceit , and jeers them bitterly , that the valiant and renowned sisera should be so cowed by a woman at her feet he bowed , he fell , he lay down , at her feet he bowed , he fell , where he bowed , there he fell down dead iudg. . . and for use hereof , an antidote and a cordiall is the best we can put it to . ● . an antidote to expell discontents , and mutinous thoughts arising in the best constitution of churches . and secondly a cordiall to quicken their drooping spirits ; it should skrew up their thoughts , and resolutions to this note , heb. . . adhuc tantillum , tantillum inquam , et qui venturus est , veniet neque tardabit . yet a little while , and he that shall come , will come , and will not tarry . oh how many mutinies would a due and seasonable consideration of this truth quiet in the mindes of gods dearest israel ! let me talk with thee ( saith jeremy ) wherefore doth the way of the wicked prosper ? and why are they blessed that deal treacherously ? thou hast planted them , they have taken root , they grow up and bring forth fruit . see how habakuk fretts and chafes ! how long shall i cry unto thee , and thou hearest not ? even cry out of violence , and thou savest not ? why dost thou shew me iniquity , and cause me to behold grievance ? for spoiling and violence are before me , and there are that raise up strife and contention ; the wicked doth encompasse the righteous , &c. another sticks not to pronounce them happy that can work most wickednesse , and can tempt god most , because they are exalted , delivered &c. others in the third of malachi are ready to take up arms against the generall for this very thing ; it is in vain say they , to serve god , and what profit is it that we have been under his command ? malignants thrive best , and they that have shed our blood are in highest favour , and they that have robbed us before by violence , doe now spoil and murder us by craft ; and what they could not do in the field by armes , they effect at home by subtilty . it is confest these be strong and violent distempers , and wounding considerations , but yet a hearty draught of this preparative potion would abundantly settle their spirits , and quiet them of much pelting and vexation at this kinde at carriage in god . the next leading consideration is this . consid. . that it is a thing unworthy the heroick spirits of gods people to startle at this manner of gods dealing with them , but rather it should kindle in them much animosity of spirit , putting all the powers of the mind into battalia of indignation against the blood-thirsty enemy : and settle them in a better posture of faith and affiance in god . as here , the enemies roar , as if they meant to eat them up at a morsell ; and they are as loud as the enemy . they threaten ; these flinch not ; they vow to root out the name and nation of israel ; these doe as it were bid them doe their worst , and remember their brother midian ; they scorn to give them an inch of the field , but like gallant experienced souldiers , take the winde and upper ground of them . they go up to mount zion by prayer , and from thence take faster hold on god , while these remain in the valley of base and lewd affections , and self confidence ; and as their brother midian did in the valley at the foot of carmel by the river kishon which swept them away in dead carcases , so do these presuming upon their numerous confederates , and forraine alliances , untill it be done unto them , as unto the midianites . vse . . go out for shame then , ye enemies of religion : and hang down your heads ye haters of godlinesse . is it religion that makes men cowards ? and is it the spirit of godlinesse that puls down the spirit of magnanimity ? is it possible that the spirit of god should be against it self ? blush at this your blasphemy ; that spirit which is the spirit of holinesse , is the spirit of zeal and christian courage also ; no , no , gods holy souldiers learn better things of their generall , the lord of hosts ; and their martiall law in the army of saints , as it hath singular rewards for those that are valiant for the truth , so it doth little lesse then hang them up in gibbits that do betray the goodnes of their cause by apostacie , or do bring but a staine thereupon by their cowardise . you shall read . kings . . what a most indelible reproach it was to faint-hearted ahab , and how carefull the scripture is to record and file up such a notorious peice of cowardise , for the good of posterity to avoid the like , there you finde that when benhadad king of aram , sent messengers to him at the siege of samaria with this message , thy silver and thy gold is mine , also thy women and thy faire children are mine : very poorely and basely he yeelds at the first summons , my lord the king , according to thy saying , i am thine and all that i have . but here doe but see the heroick minds of gods souldiers ; he seemes in the one side to neglect them , sends them in no supply , no provision at all ; the enemy in the mean time , muster up their forces , suspend their own differences , and upon uniting their severall regiments or brigades , they draw in assur also to their assistance , being the tenth in number that are upon their march against israel . the church by her scouts , or prospective , discovers first the enemies generall , duke edom , and under him the edomites ; the posterity of esau , that sold their birth-right , ( a most glorious liberty ) for a messe of pottage , to the eternall ignomy of him and his degenerate posterity , here called the tabernacles of edom , or the edomites tents . the next upon the march , is lieutenant generall ismael , and under him the ismaelites , a persecuting race that came by the by , that descended from abraham by hagar the bond-woman ; ( the proper mother of all that are weary of their liberties , and desire to be in bondage still ) she was banished out of abrahams family , for persecuting sarah the free-woman : and so was her son the lieutenant generall here , who therefore in revenge and desperate enmity against all the children of the free-woman , is in commission of array against them , to bring them to bondage ; and now upon the march . the next in order is major generall moab ; he it is that leads on the brigade of the moabites , and these were the incestuous brood of lot , begotten on his own daughter , in their father moab , father of the moabites . but i will spend no more time in emblazoning their armes nor yet to tell you what the other colonels & commanders were , nor yet of the affinity and neernesse of israels relation to these nations ; it is enough to know that they were israels enemies , and to enquire out their design . and what was it ? they will cut off the name and nation of israel , and commit their memory to oblivion , they 'l doe i know not what . but what say they ? doe they fly back ; or doe they yeeld and give up all with ahab ? no , no ; it shall not goe there ; well may their words , and names and nations affright children , but it shall not daunt them ; the enemy may set them up for scarre crowes to fright away the birds , but it shall never drive them out of the field . and it works these two notable effects upon all those in whom there is any thing of god to direct them , against such preparations , and such a people ; first , greater dependance on him ; they entitle god in all they have , and in their quarrell too ; loe thine enemies , and they that hate thee ! as if shee had said , lord , we are ready every moment to be dashed in pieces ; and while thou sleepest , we are in a storme , and every moment in danger of the losse of ship and goods , and our lives too : but art not thou our pilote , and master , and captaine ? and hast not thou a great venture in the churches bottom ? if thou carest not that we perish , yet have respect to thine own name , honour , and reputation ; these must suffer shipwrack as well as thy people ; unlesse thou awake and shew thy power and skill to stear this vessell , this ark , to some safe harbor and landing place , and so work out our salvation ; and then leaves all to his guidance and ordering . and secondly , it doth much advance their magnitude of minde , in a holy indignation against such a base degenerate enemy . this is observable : from the manner of their imprecation . from the matter of their imprecation . . from the manner of it , they call upon god with much importunity , that hee would presently fall aboard the enemy , or sink them , before they make his people sink ; calls upon him in a preposterous order to doe execution upon them before any induction of the crimes and causes : but these she takes as granted , and proceeds to a zealous imprecation : keep not silence , hold not thy peace , be not still . . for the matter , the church objects : their pride , they lift up the head . their hatred , they hate thee . their cruelty , let us cut them off , &c. . their cunning , they have taken crafty counsell . . their multitude , the edomites , ismaelites , &c. and in testimony of the highth of her zeal against their treachery and basenesse , she spreads these complaints before the lords , beseeching him to bring downe their pride , to recoile their hatred , to smother their cruelty , to countermine their cunning , and to scatter their multitudes , that they may be ventorum ludibrium , at sea ; and ecclesia triumphus a shoar : and the churches merry song , as the cananites were to deborah and barack , at her feet , hee bowed , hee fell , and lay downe , &c. vse . the second and best use we can put this truth unto , is , that we be exhorted to the practice of the duty our selves . was it laudable for gods people then ? and is it not as commendable for us in such an age as this , to be of such magnitude of spirit ? were these valiant ? and shall wee bee cowards ? did they trust god with events , and shall wee suspect him , doubt him ? could they frame such a charge against their enemies ? and have we nothing to say of ours ? or are ours lesse hurtfull and dangerous then theirs were ? come , come , take heart , ye beloved of the lord of this divided nation ; never had a people more matter of complaint , to frame a bill against a bloody combination , then england hath at this joincture of time against theirs , and yet never had a people more cause to trust god for the future , then england hath at present . you may draw up a charge against them according to the experience you have had of their pride , insolency and bloodinesse . lord , how oft hast thou broken in pieces , and rent all to shivers the united forces of the malignant enemy of this nation ? and yet behold they unite againe ; how oft hast thou befoold their cunning ? yet they will still have a iuncto ; how many of them hast thou satiated with their own rage , and glutted with their own goare ? and yet still they thirst for more blood . how shamefully hath their own despite , hatred , murther , plunderings , ( and yet it is but the scatterings of them ) recoiled upon their own estates , names , families , confederates ? and yet still they prepare their arrow to shoot at those that are perfect in the land : how like a fierce man of warre , hast thou broken in upon their pride , presumption , nobility , and hast thrown them upon the very dunghill of shame and dishonour , as things of no value , and uselesse ? and yet their spirits be not broken . lord , make our edomites like their edomites , our princes like their princes , oreb and zeb : these forces that will warre against england , like those armies that did war against israel ; and either fill their faces with shame , that they may seek thy name , or else doe unto them as unto the midianites . and thus the extreame barbarism , odium , and filthy nastines of those nations , that doe or shall at any time appear against england , will serve to prop , and mainly to hold up the churches confidence in the lord of hoasts , unto whom all the recited abominations against his israel are most hatefull : which clearly leads me to the third observation , . obs. that it is no small pin or prop in supporting the faith of gods people in shaking times , to consider that their enemies be gods enemies too . see in this psalm , how the faith of gods people leanes upon this very consideration . why lord ! thou that madest the eye , dost not thou see ? thou that madest the eares , dost not thou hear ? thou that givest man understanding , dost not thou consider ? why , they be thy enemies , as well as ours ; they hate thee as well as us : if they once root out our nation , they 'l soon destroy thy name , so that thy worship , and thy people will be cut off and destroyed together ; and if we lose much by their cruelty , thou art like to lose more in thy honour , and thy name amongst an ignorant and barbarous people . alas lord ! their enimity will pay thee home , though we have but little to lose ; and all we have is but poore stuffe , in comparison of the rich precious pillage they will have of thee . see , i say , how they rest themselves upon this leaning stock . i will give you but one pregnant place for many , to prove the churches practise of this duty , psal. . . the kings of the earth stand up ▪ and the rulers take counsell tegether against the lord and against his christ that which shee leanes upon , is this , that they rose up against the lord first , and against his annointed next ; and upon this consideration she sings this requiem to her selfe , hee that dwelleth in heaven shall laugh them to scorne , the lord shall have them in derision . so it is then , you see that the consideration of the despitefulnesse and enmity of wicked men against god himselfe is a maine leaning stocks , or prop , to support the faith of gods people in shaking times . vse . the life of doctrine is in application ; and the particular knowledge of this truth would bee of excellent use to cure our faith of much perplexity and doubting , how it is possible wee should extricate our selves from dangers , when wee are so closely and powerfully besieged and begirt about with whole armies and inundations of feares , and treacheries , within and without us . truly some thoughts of this consideration would hold us up , as it were by the hand , even in out very sinkings . wherefore didst thou doubt o thou of little faith ? said christ , to his beloved peter ; hee would not have had him to have doubted , no not then when hee was sinking . but you will say perhaps as peter might have pleaded for his doubting ( and it appeares he did by his sinking ) why lord , the waters be deepe , and the waves roare , and rage horribly ; how can a man bee blamed then , being in the very jawes of such a danger ? so haply wee may ( nay we do too often ) object to the weakning of our faith , such despondencies . o! the enemy is deepe in councell , and legions for number , and burning for rage , and well appointed for cruelty , and a very lucifer in pride and presumption upon all these . but let us thinke , what are their councells to gods decrees ? and their multitudes to his ? and their rage to his tophet ? what is the daring haughtines of a ridiculous pigmee to the loftinesse of an infinite god , that rides upon the wings of the wind , and sits betweene the cherubines ? and what is the childs pot-gun of mans hatred to the roaring cannon of gods indignation ? how whe●lesse and heavy are the chariots of pharohs bloudy purposes , to the devouring red-sea of gods mighty power ? let this support thee ; the lord of hosts is with thee , the god of iacob is thy refuge ; and all that strength of his by sea and land , and the starres too in their order , are engaged with thee in the quarrell , if thou be an israel its indeed , and a member of gods church ? all the great noyse of preparations , and forraigne aids , if ever brought to passe , will end in the honorable overthrow of the pigmees , a generation of people , that ( as the story tells us ( would needs be warring with the wind untill they were overwhelmed with the sand . why then would they war with the wind ? vse . wee have matter very usefull to contemplate upon in such stirring and tumultuous times as these be , and from whence our meditations may take their flight into england , scotland , ireland , or any other places where england hath any enemies ; to bring us tydings whether the generality and randezvouz of gods enemies be with them or with us , here lies the great question , and here will be the dispute , whether or no do they joyne themselves to such of any of these nations that have opposed themselves against us , or doe they side with us against them ? believe it , this is a most materiall use , in such a time , and amongst such a people , so mixed for judgement and opinion about this matter , and therefore i could not omit it , though i bee the shorter . england ! thou art to be examined upon these queeres . quaere . what say the most lewd of all people in the land ? answer . downe with the parliament . quaere . how goes the vote in all darke tipling houses ? answer . out with the parliament . quaere . vvhat say the lightest of all strumpets , who make a trade of prostituting their bodies to uncleanesse ? answer . they trade for the devill , and hate the parliament . quaere . how stand theeves and murderers in their affections to the proceedings of these times . answer . o they feare the justice of the parliament . quaere . vvhat say atheists , papists , and the generality of scandalous men of every degree and order ? answer . o they hate the name of a reforming parliament . ireland , thou art to be examined upon these interrogatories . inter . a parliament , or no parliament in england ? an army , or no army sent over for ireland ? dep. no parliament but the pope . no army but the spanish inquisition . and no forces but those under roe o neal , or ormond . inter . vvho were the greatest murderers of all ages , and the brazen bull of all generations for torments ? dep. o ireland ! o wild irish ! inter . vvho rescued them from justice ? dep. o irish english ! and , english irish ? inter . who tooke their parts , and stood as god-fathers when they were named the roman catholique subjects in ireland ? dep. o treacherous courtiers ! o bloudy juncto ! o malignant english ! inter . who then be the traytors , and murtherers , and king killers , and parliament dividers ? dep. i need not name them , their actions do denominate them , and it is apparent to the view of all nations in huge and mighty capitall letters , written with the bloud of three nations . and bee it knowne to all countries people , and languages that the courtiers in england poysoned their king , and the malignants of brittaine destroyed their soveraigne . for there are more wayes then by mercury to poyson kings , as there be wayes of iniquity that destroy their government . the mischiefe fall upon their owne heads . the iniquity descend upon their owne pates . the sinnes of the nation enraged him against the common wealth , and the cruelty of the cavallry held him up to the stroke . let this bee terror to our foes , more then the roaring of our cannon , or the terrible bursting asunder of the granado ; they are lost , they are gone , they are spoild , if treacherous , bloudy , proud , blasphemous , ignorant , heathenish , nasty , uncleane , idolatrous , people bee not gods enemies , i pray , who are ? and if these perish not without repentance , it will be concluded by unbelievers there is no hell , no law , no justice , no judge . and this againe brings me to the last consideration . . consideration . that these , and all these , be they never so proud , and cruell , and cunning , and numerous , yet they shall be exactly punished according to the patterne of midian , as soon as gods period and theirs meete together and are accomplished , as theirs also was . i could branch this doctrine into three parts , but i will contract them into two . . that the numerous combinations of their adversaries , although their mutuall pride and hatred of one another divide them into parties and into a diversity of false worships amongst themselves , and doe oft engage them in warre one against another , yet their divisions are so cemented with hellish cunning that they have joyned all their forces against the church as one man for a time . . let their craft bee what it will bee , god will out match them in their craft , and outvie them in their cunning , and do unto them as he did unto the midianites , if they proceede . . though they jarre amongst themselves , yet they can joyne against israel ; you know of whom they learned that , viz. of the prince of darknesse . and christ complaines that his people are not so wise in their generation as these be . it is evident to all that have beene any thing read in the scriptures , and history of these nations ( mentioned in this psalme ) how different they were from one another , in profession and practise , in affection and action ; i will not say in a variety of religions , ( there being but one only rightly so called ) but in a diversity of paganisme and semi-paganisme , and other most profane and idoratrous worship . this is noted in the book of the iudges , iudg. . . as soone as israel had sowen , the midianites came up and the amalakites , and the children of the east ; strange , that amaleck , and midian , and these should now joyne together that had so much differed before , but so it was , they made a match to destroy the encrease of the earth , and to make israel poore , &c. this master peece of this craft is observed by the apostles in their prayer , act. . , , . why doe the heathen rage , and the people imagine a vaine thing ? the kings of the earth stand up , and the rulers take councell together against the lord and against his christ ; for of a truth against thy holy child iesus , whom thou hast annointed , both herod and pontius pilate , with the gentiles and people of israel were gathered together . it is a notable instance i shall give you out of the acts , acts. . . there you read , when the apostle disputed against the idolatry of the athenians , certaine philosophers of the epicurans and stoickes , joyned together ▪ and would have hissed him out of schoole : one would have thought that the rigid stoickes ( who were ever strict in opinion , and conversation ) would have been ashamed to joyne with these loose epicures that were so contrary to them . but it is no wonder ; our age will furnish us abundantly with instances of this kind ; we have men that cannot endure one another , hate the very names and nations of each other ; yet , like the wilde boars of the forrest , they can herd together to root up gods vineyard , and to destroy the vine which his own right hand hath planted : and these like sampsons foxes , judges . . though they look several ways with their heads , yet they can joyn tail to tail to burn up gods harvest , and to destroy a fruitful land . what may be the ground of this their rage ? . fear , lest the prosperous rising of these should be the fatal ruine of them ; and moses observation proves this clearly to our hands ; exod. . , . behold the people of the children of israel are more and mightier then we ; come on , let us deal wisely with them , lest they multiply , and it come to pass , that when there fall out any war , they joyn also unto our enemies , and fight against us , and so get them out of the land ; therefore they did set over them task-masters to afflict them . this was the exceeding great fear of haman's wise men , and of zerish his wife . hester . . if mordecai be of the seed of the jews , before whom thou hast begun to fall , thou shalt not prevail against him , but shalt surely fall before him . it was the fear of such a fatal event , that had caused haman to have the gibbet prepared for mordecai , and this fear hurryed him on to get out that bloody edict against the jews , as our malignants hurryed on the late king to take up arms , and have made such a bloody issue as is running yet . so mo●● ▪ and midian use this as one effectual argument to perswade balaam with the more eagerness to curse israel ; num. . . behold , there is a people come out of egypt , which cover the face of the earth , they are stronger then we . . hatred : the ancient antipathy between the two seeds on their part put them upon it ; ponam immicitiam , saith god , i will put enmity between them . this inveterate opposition between them proceeds from the first antipathy : blood , and murder , and revenge , are propagated from loyn to loyn ; and from adams sin it was surrendred to cain , who did visibly demonstrate the truth of this antipathy , by shewing hatred in the murder of his brother abel , for nothing else , but for being better then himself , and more holy , and more heavenly : and it will be worth your pains to take notice what havock sin , and hatred , and revenge ( the top of satans kindred upon earth , and of the serpentine brood in hell ) have made in the world : for did not one of the brood ( but now named ) destroy the fourth part of the world in the murder of abel ? and had not the church of god a great loss by losing such a pillar as abel was ? it was upon this account also that the whole world was drowned , but eight persons : although it were the justice of heaven , and the sin of the world that brought in the deluge , and that fearful inundation of waters to wash such a filthy race from off the earth , yet satan , and the spite of hell , had a great hand in bringing in those waters , by making men so foul and unclean in gods sight by sin , that he could do no less by his holiness , then rinse the earth of such a generation . the hatred of this hellish brood being such as either to make way for the drowning of gods church with the world of the wicked , or seeing gods favour to his church prevented him in that design , it was some satisfaction to his rage , that gods people were pen'd up in such a narrow capacity as an ark , and that it must be long before it could spread again . this very design , and hellish cruelty of satan upon england , scotland , and ireland , in point of destruction and cruelty , is next to satans hatred in the flood : for how many hundred thousand men , women and children , did this cursed brood cut off in ireland ? how many in england and scotland fell by the sword , and famine , and imprisonment , upon the same account of this enmity of the serpentine race against the womans seed ? hence it is that the scriptures term such instruments ( as satan makes use of to effect all his designs of cruelty ) lyons , wolves , dragons , serpents , asps , bulls , dogs : for as faith in god , and love to the brethren , do unite hearts together , that we may with one heart , and one mouth glorifie god the father ; so on the other side , where men are begotten of this seed , and made of satans family , they must needs be haters of the professors of godliness , as being in actual arms against them . vse . if it be so then that wicked men can suspend their differences , and whole nations make leagues , yield unto cessations to joyn against the church ; alas , wretched papists , how are you deluded ? nay , how do you delude men , to teach them , that your vnity is one of the marks of the church ? was not there a vnity amongst the builders of babel ? and yet was there any church , but a babel , a meer confusion amongst them ? and did not the scribes and the pharisees , the rulers and the people , hold together to persecute and put to death the lord of life ? is there not an agreement between theeves , murderers , conspirators , mutineers , corah & his complices ? and can all or any of these make up a true church ? nay , is satan divided against satan ? or is there not an agreement in hell to enlarge the territories of hell , and to propagate the dominion of darkness ? and will you call such a unity as yours is , a mark of the church ? i am sure it hath all the resemblances and emblems of hell . is not darkness and ignorance there ? is not the gospel locked up from the laity in an unknown tongue ? and are these people nearer unto the knowledg thereof ( but what the priests tell them is gospel , ) then the damned in hell ? are not englands divisions founded there ? irelands cruelty blown up there ? o yes , you agree well together in this : but this your agreement is not to be called a unity , but a conspiracy rather , and that a cruel one . it was a wise saying of an ancient godly man , the name , saith he , of peace is beautiful , and the opinion of unity fair ; but better diversity of judgment about discipline , then unity in falshood concerning doctrine . god will own this as a divine and military maxime : better a just war , then a rotten , or an unjust peace . . and is it true , that wicked men thus differing amongst themselves , can thus agree together against gods israel ? and is there still an israel of god for all that ? give me leave then to say to this little island of gods delivered ones , as joshua to achan , ( pardon the expression , i would to god we were less guilty of achans sin , ) my son , saith he , confess , and give glory unto god . ah england , would it were the brand of the enemy , and of those that hate thee to be unthankful , and not thy reproach : is it not an accursed thing to withhold that from god , ( his chief rent ) for such eminent and strange deliverances from so many powerful combinations , so many treacheries , such under-workings , such preparations as have been , and yet still are continued on foot against thee ? shall an enemy so numerous and strong , so cunning and politick , be subdued by thee ? by thee , a weak despised handful ? and shall god have no share in the glory of thy safety ? hath thy weakness over-mastered their strength ? thy folly baffled their sophistry ? thy tradesmen brought down their nobles ? thy fisher-men puzled their gamaliels ? and yet art thou silent ? hast thou not a minde to conceive ? a heart to endite ? a tongue to utter praise to whom praise , duty to whom duty , worship to whom worship belongeth ? desire god to give thee grace to correct thy errors , to put down thy errata's and escapes in characters of bloody tears , that are passed over not in printing , but in living , and not in living so much as in loving , or rather in not loving that god that hath wrought so wonderfully for thee . and for the remainder of this use , because i have more to do before i can conclude , take this excellent copy from davids own hand , who is singularly exact in uses of this nature . psalm . , , . lord , how are they increased that trouble me ? many there be that rise up against me ; many a one there is that say of my soul , there is no help for him in his god . then concludes sweetly ; salvation belongeth unto the lord , and his blessing is upon his people . take one more . psalm . if the lord had not been on our side , may israel ( may england ) now say , if it had not been for the lord , who was on our side when men rose up against us , they had swallowed us up quick , the waters had overwhelmed us , the stream had gone over us , the proud waters had gone over our soul . then concludes : blessed be the lord , who hath not given us as a prey to their teeth ; our soul is escaped as a bird out of the snare of the fowler : the snare is broken , and we delivered : our help standeth in the name of the lord . vse . and are englands adversaries so wise as to joyn together ? and is england so foolish to divide , and fall asunder into pieces and parties ? shall pagans , and turks , and infidels , even in the diversity of their false worships , combine together for our extirpation ? and shall we , with all our great profession , of one god , one faith , one religion , one livery , by our fearful divisions , help on what they aym at ? did ireland , or france , or spain , or barbary , ever deserve so well at our hands , that we should provide such a fruitful island for them ? such stately houses ? such pleasant dwellings ? such dear relations as wives to be deflowred by them , children to be enslaved by them ? consult the late irish barbarism , the french massacre , the spanish armado , and then say , how well they deserve of protestants . saevis inter se convenit vrsis . what a thing is this ? shall bears and wolves agree together to preserve their kind ? and is there an agreement in hell to propagate and enlarge the territories of satan ? and shall not we strive to keep up england from sinking ? shall every creature be glued by natural affection to their issue to preserve them from hurt ? and shall we basely betray our posterity to perpetual slavery ? what will they then ( yet unborn ) say of us ? will they not out of the very bitterness of their grieved spirits cry out against us ? who were our ancestors ? and what kinde of shape did they bear ? were they men or beasts ? if men , were they turks or jews ? if beasts , were they wolves , or tygres , that could find in their hearts to let our liberties and happiness dye before them ? and expose us thus to be a by-word to all nations , and a proverb of reproach ? will they not say , cursed be their memory , and cursed be their covetousness , and cursed be their negligence , and cursed be their unnaturalness , that might and would not save us , that had power , and would not use it , to preserve us ? is it not a shame that christians should make such sad complaints against christians ? o poor church and distressed spouse of christ , saith one , pax ab extraneis , pax à paganis , sed filii nequam , &c. thou hast peace with turks , peace with pagans ; but thine own ungracious children struggle in the womb of reformation ( like rebecca's twins ) and are bitterly enraged one against another . another bemoans our great unhappiness in this kinde : infelix populus dei , non potest in bono tant●m habere concordiam , quant●m mali habent in malo : the unlucky people of god ( as he calls them ) cannot so well agree in that which is good , as the wicked can in that which is bad : to act a mischief , they can lay their heads together , and reconcile different nations to annoy the church and people of god , and yet , we , we must needs be divided , rent , and torn in pieces . here is the shame of england , if you talk of shame . the last doctrinal observation from the express words of the text is this : that these very enemies , notwithstanding what hath been said , shall be exactly punished in gods good time , according to this pattern of midian . object . but how can you ground this point from the words , seeing they are rather like the churches desire , what they would have done , then gods purpose what he would do . i answer , that it is both a prayer , and a prophetical imprecation , or prophecy . as it is a prayer , you have the churches minde , as if she had said in plainer terms thus : o lord , we have heard of thee in times of old , how gratiously thou hast dealt with our fathers , even in their greatest straits against their enemies . even then , lord , when they were in their greatest pride and presumption ; and namely how bare thou madest thine arm then upon the midianites , when they lay at the foot of carmel by the river kishon for number and multitude as the grashoppers : how thou didst exercise thy mighty power in the overthrow of those innumerable multitudes , by such weak means as three hundred simple men under thy servant gideon , and didst totally scatter them , so that not a man was left : nay lord , how thou didst magnifie thy power , wisdom , and goodness together , in delivering up the strength and multitude of the canaanites unto the weakness of a woman , even thy servant deborah : nay , that thou didst so provide for thy people , that the valiant and renowned sisera should fall at the feet of a weak woman , even jael the wife of heber the kenite . now , o lord , true it is , the midianites are dead , sisera and jabin are cut off , but more are risen up in their stead ; lo now the tabernacles of the edomites , the ismaelites , the moabites , and the hagarens , these are as cunning , and cruel , and numerous ▪ and proud , as ever those were , and thy name is as dear , and thy people as precious to thee now as ever ; and therefore do unto them as unto the midianites . but we look upon the words as a prophecy ; for albeit they run in form of an imprecation , yet it being considered what david was , a prophet , we must needs think , the ground of his speech was the certain knowledg he had touching the future estate of gods church , and what would become of the enemies thereof : for which cause he makes the desire of his soul suitable to the purpose and determination of god : for as david well knew , and had said , that burning coals would fall upon the wicked , and that they should be cast into the fire , and into the deep pit , that they rise not again , psa. . , . so here he testifieth the fulness of his assent and desire that it should be so : do unto them as unto the midianites . so then because the prophet here tells us that god will proceed against the enemies of the church , according to the pattern of midian . it must be my work to shew you , . who be gods enemies . and . what these midianites were . and . how they were punished . this , i say , must necessarily be unfolded , because the ruine of these is made a pattern for the destruction of gods enemies . . who be these enemies ? in general terms , they are gods enemies that hate his friends , as here , lo thine enemies , and they that hate thee : how so ? they have said , let us cut them off from being a nation : they were israels enemies , and therefore gods enemies by good consequence . thus amalek was reputed one of the worst of gods enemies , because his hatred was so desperate , and bent against his darling israel , god is resolved to give him no quarter , exod. . , . he swore he would have war with him from generation to generation , because he was such an enemy to israel . god hath enemies of two sorts . . professed ones , such as openly go about to extinguish the light of his truth in the day time ; i mean , that is so manifestly seen , that all may discover their meaning to be so , as if it were at noon day ; such of old were the philistims , the amorites , the amalakites , the midianites : these did oppose , and hate gods israel then , as the turks and others do now , to whom the very name of a christian is odious . . god hath closer enemies too , and these are such as do paint themselves with the profession , and do shroud themselves under the name of the church and of religion , but yet indeed are enemies to the truth of religion : now some of these profess a different kinde of religion , and do use another manner of worshipping god then the true church useth ; such were the samaritanes of old , who after their rent from the jews retained circumcision , boasted of their fathers , and expected the messiah , yet were they not gods people , but were deadly enemies to them , and therefore the jews had no dealing with them , joh. . . such are the papists now , who though they retain some broken fragments of christian religion , yet they do hate protestants , and the powerful preaching of gods word amongst us . i wish we had less familiarity with them ; we have payd well enough for it these eight years . other enemies god hath in the midst of us , of whom the old complaint is verified : o miseros nos qui christiani dicimur & gentes agimus sub nomine christi ! wretches that we are ! we will be called christians , yet we play the turk ( and worse ) under the name of christ . tim. . . such as deny the power of godliness , be his enemies . luke . . such as will not submit unto christ , and his gracious government , these be enemies too . but those mine enemies , that would not suffer me to raign over them , bring hither , and slay them before me . such as hate and speak against the peaceful preaching of the word , and seek , with elimas , by railing against such exercises , to turn others ( as he would have done the deputy ) from the faith : what saith the holy ghost of such ? thou wretch , thou son of perdition , thou child of the divel ! ( saith he to elymas ) and we may very well rank all the romish clergy amongst these who lock up the word of saith from the vulgar in an unknown tongue . here also are to be listed all such as do revile & reproach the footsteps , of gods people . these footsteps are their holy lives ; and the severall duties and exercises of religion performed by them , & they that revile them for these footsteps , and call them round-heads , sectaries &c , are in the list of gods deadly enemies . psal. . . . such as hate to be reformed , and cry out with korah and the malignants with him against the reformers , yet take too much upon you : and utterly despise government , they be no better then mutiners and murmurers : and if the sin bear proportion with the punishment ; see what it is numb. . . they that will not be reclaimed from the errour of their wayes , but go on still in any wicked course ; if mercy will not melt them , nor judgements break them ; if gods favour neither allure them , nor his frowns deterre them from the vaine and profane courses of their lives , but malignants will be malignants still , and swearers swearers still , and drunkards drunkards still , and haters of reformation wilfull still : see what david saith , will become of them psal. . . god will surely wound his enemies , and the hairy scalp of such an one as goeth on still in his ungodlinesse . they are his enemies , and god saith he will wound them for it : now here falls in all the desperate and implacable enemies of this nation ; once or twice beating will not serve their turn ; put them under deck , there 's no trusting of them , they 'l sink the vessell they are so desperate ; give them liberty , they 'l run to kent ; fright them from thence , they 'l go to colchester ; favour , thē there , they 'l run to scotland , or prove worse then red-shanks at home . but wo to the hairy scalp of these ruffians saith david , who go on still in their ungodlinesse . in brief , the covetous , the blasphemer , the idolater , the blood-thirsty , and here comes in the bloody irish and their english confederates : all these and many more are on the file of gods book , and there recorded for his enemies . these , these be they , and without repentance come within the list of this prophesied destruction . indeed my text includes one as well as another ; but yet it is plain here from the pattern humbly offered unto god by his church to proceed against the enemy , that it is a close , neer , secret , insinuating enemy , that the church aims at ; some of these nations now upon the march were of neere relation and allie to them ; these by the neernesse of kin & contiguousnes of dwelling had those advantages against israel that others could not have ; it was that cursed advantage that midian took to make them idolaters before , which strangers could not have had ; & their punishment did bear aequi page with the destruction they wrought upon israel by that means , that the church in this place desires god to cut out the future punishments for the backs of his enemies according to this pattern . . what were the midianites ? these were the posterity of abraham by his concubine keturah chron. . . who being turned idolaters drew israel to sin in the wildernesse ( as i said before ) for which moses revenged the israelites of them by the slaughter of all their males and their five kings and a wonderfull great spoil but afterwards recovering and oppressing israel in his own land , were by gideon and men vanquished when they lay in the valley like grashoppers for number . judg. . . what was their offence ? . they did invade israel , and sought to drive them out of the land , the inheritance which god gave them ; that 's all their language when they are once enraged : let us cut them off , let us root them out , they can bid no lower then ruine and murder and bloodshed : the holy ghost notes that in saul , before he became paul , that he breathed out threatnings against the churches of god no lesse then this ; either a stoning , or a strangling and oh the insatiablenesse of malice , the depth of crueltie that is in the heart of adams posterity ! what these did , or would have done to israel , that the cruell miscreants of ireland have done to the english , they made away their wives , their lives , they invaded their possessions , their houses , which god gave them upon irelands attainder of blood and crueltie upon the english long since , who lived amongst them , and though many of them were not of the best or scarce civill themselves : yet the generality of the civill , and industrious carriage of the english nation there among them , had brought them in part , out of their native rudenesse and extream barbarisme . o how many invaders hath england had ! as well as those poor souls , now under the altar crying , how long lord ? have not the irish invaded ? and were not more sent for to invade ? and are they not called roman catholique subjects , to prepare them to be the better entertained by the disaffected subjects here ? have not scotland invaded ? and the welch invaded ? the walloones invaded ? and what think you english men , did they come for your good ? or for your goods ? for your cure ? or for a curse ? to save you ? or to destroy you ? have they left no ruinous heaps ? no bloody footsteps ? no scarres or characters yet visible ? are we cured ? or are we bleeding still ? beleeve it , beleeve it , they came to drive you out , not to settle you in your dwellings : not to adde unto your strength , but to take away your strength and your glory , to cut your lockes , not to curl them ; and then with the philistines to plow with your heifer , and make you a scorn and derision to all nations : give credit to none that plead for them , let their pretences be as plausible and pleasant as the light ; their aime . is darknesse and confusion , and wo to the common wealth of england : if they follow them they are a spurious brood , not a free-born people that tell you otherwise . thus they are invading midianites , as well as the old midianites were . . they are vexing midianites , the troublers of our israel : the old ones vexed israel twenty yeeres ; and how many yeers suppose ye have the young ones vexed and troubled england ? how many yeeres hath this intoxicating drink of civill warres been brewing ? and now to what passe have they brought us ? to divide the head from the body first ? the body politicke , and then the members of christs body also from one another , the body mysticall ? how truly may distressed england take up that of the psalmist psal. . . . . many a time have they aefflicted me from my youth up ( may england now say ) yea many a time have they afflicted me from my youth up ; but they have not prevailed against me , the plowers plowed upon my back , & made long their furrows , but the righteous lord wil hew their snares asunder . the old ones destroyed the fruit of the earth , and left no sustenance for israel : and what have these done lesse ? have they not destroyed where ever they have been ? is there not a scarcity of provision every where ? but especially in the north ? and what is the famine and the sword ( yet devouring ) but the print , and direfull footsteps of their malignity ? so that though the midianites be dead , and moab and ammon be cut off , yet their malice doth yet remain alive , and it is but vetus fabula per novos histriones . an old tragedy of malignant midian newly acted over by our malignant english and irish . . they drew them to sin in the wildernesse , which brought upon them much misery and many judgements : and what a great lump hath the leaven of popish doctrine leavened in these three dominions ? what a deal of mischief hath this toleration and vnion with them , by marriage and co-habitation wrought upon this nation ? how are many countreys pestred with these locusts ? how are they overspread with them ? here is sinne right parallell to midians sin , idolatry as grosse and superstitious as ever theirs was , provocations as highly daring heaven and vengegeance , as ever they were guilty of ; and is our punishment lesse ? or our miseries fewer ? or rather do not we exceed them in all in sin and misery ? and wo be to them through whom the offence cometh , for it will be done unto them as unto the midianites . the punishment of these is described by circumstances , the time the meanes , the manner of their de●truction . . for the time , it was in their heigth , jollity , confidence , they did not so much as dream of a downfall , and it was the more sore and terrible because of their strong presumption of victory , and of enjoying their lust upon israel . and was it not a stinging scourge upon the shoulders of ahab , who after he had in his thoughts acquitted himself of all fear and danger of death , yet then to be taken off , and cut in peices ? for a morning to be dark is portending some storm ; but no wonder if the evening be surpris'd by the powers of darknesse . the circumstance of time adds very much to the agravation of the punishment ; what ? turned into hell when a man is at heaven gates ? better for a man to goe from the papists supposed purgatory into hell , then with lucifer to be cast from heaven to hell . o lucifer son of the morning ! the preciousnesse of the morning season wherein lucifer fell , doth aggravate his punishment more then if he had been the son of night , or of darknesse . this was old midians great unhappinesse , he made so sure of israel , that his mouth was ready opened to swallow him , then comes a log or bullet , and tears the whistle ; midian falls and cannot swallow israel ; this is young midians case ; but i am sorry i cannot run the paralell . . by meanes very weak , absurd , foolish ; vnits overcome tens , tens hundreds , and hundreds thousands . so it was then , so it is now : by meanes i say absurd , foolish ; gideon and . men against so great a multitude , and that the blowing of a trumpet , and breaking earthen pitchers should affright and gall such a terrible host of martiall men ; what ? sisera baffled by a company of mechanicks ? how can you hold up your heads ? shall our taylors do more with their needles , then you with speares ? and are our masons trowels more keen then your swords ? and what rare tinkers have we , that can so artificially beat out , and make up what you have so miserably mangled ? well then , this is one aggravation of their misery , that they are still beaten by such as are no gentlemen , but cowards . . and for the manner of the punishment , it was irrecoverable ; they were utterly routed , taken prisoners , and slaine , oreb and zeb princes , zeba and zaluma princes , so that they lift up the head no more . and have not our young ones received a foile , and , we hope , an irrecoverable one too , and though we cannot say they lift up their heads no more , or that they were so overcome that they could not come together and doe more mischief , yet this we can say , that as they have lifted up their heads , so they have lost them hitherto ; and it may be said of englands conquest , as it was of israels victory , iudg. . . the hand of the children of israel prospered and prevailed against iabin king of canaan , untill they had destroyed iabin king of canaan : so , blessed be god , no weapon formed against our forces did ever prosper against us , since the fatall blow at naseby , and our armies are in a prosperous condition ever since . that 's the third aggravation , the fatality of the blow they received . such , and no other , saith the church , will be the punishment that god will bring upon the succeeding enemies of his succeeding israel ; and it shall parallel to the life all these descriptions ; and indeed god hath abundantly manifested the truth hereof to his people of this nation ; one blow he gives them at naesby ; they rise againe , he drives them to the west , there payes them to some tune . then like the fox in the fables , they seem to be dead , they stir not , till they think the dangers past ; then up they rise againe in the east , and the north . hitherto judgment rides post after them , and chops off some of the chiefe heads , and discharges their owne intended cruelty upon themselves ; and now judgement rests , and mercy waits to see whether they will be yet quiet , and faine would the gracious god rather fill their faces with shame , by beating them , that he might beat them into obedience , then to be forced by their guilt of more insurrections and bloodshed to do unto them as he did unto the midianites . he is very unwilling that this nation should be named in the black book of his churches enemies , because his truth engageth him to make good this prophesied destruction against such . i need not goe about to clear so known a truth , more then the text hath already done unto our hands ; yet i will give you one proofe , for each one of the three circumstances , in the punishment of midian , besides our own experience of it . . god will do this gallant seat upon them when they are most secure . i my self have seen that , saith david , psal. . . i have seen the wicked in great power , and flourishing like a green bay-tree ; yet hee passed by , and loe he was gone ; i sought him , but his place could nowhere bee found : o strange and unexpected alteration ! . by meanes too , very unlikely : 't is a common thing , saith paul , cor. . . god hath chosen the foolish things of the world to confound the wise ; and god hath chosen the weake things of the world , to confound those that are mighty , and things which are not to bring to nought , things which are . o it was a soule scorne to the enemy , that the london boyes should stun their chosen men ; their illiterate tradesmen should chop logick with these wise men , both in councells and in field-disputes ▪ and that those things which were not , gentlemen i mean ( for so they said they had all , and we had none ) should bring to nought things that are , gentlemen and gallants , schollers and souldiers , and to out-strip them , tam marte quam mercurio , both in counsell and courage . . and he will doe it to the life too ; it shall be compleat and irrecoverable when he sets about the work of scattering and destroying nations , esay . . . and he shall break it like the breaking of a potters pot , &c. a potters pot , you know , cannot be mended when it is broken ; though they have made a sorry shift to cement the shattered pieces of their broken forces , by the guilt of all the innocent blood of three nations , which were broken in shivers againe , to the losse of the neck blood of some of their nobles , by a small touch of a little army . and will you have one example ? pet. . . he turned the cities of sodom and gomorah into ashes , condemned them with an overthrow , leaving them an example to them that afterwards should live ungodly . and let this bee the comfort of our gallant english army , designed for the service of ireland ; their broken , mixt , miserable ( i cannot call them armies , but a ) confused heap of tygers , hatefull turn-coats there , though painted over , with a seeming agreement , ( like the apples of sodom ) will soon moulter into ashes by a touch of an english hand free from the guilt of the blood of the slain there . and the broken forces so unnaturally glewed and forced together against the naturall temper of many a poor soul there , will soon fall in pieces againe with a touch , and all their bonds and tyes will immediately be dissolved and cut asunder by the sword of the lord , and of gideon . will yee see some executions ? you will finde pillaging achan , ( the troubler of israel ) and his whole family executed , ios. . . and of all ahabs posterity and persecuting house , there was not a man left to pisse against the wall : and of all that court-faction that conspired against jeremy , the lord saith , cast them out of my sight , and let them goe forth ; such as are for death , to death ; and such as are for the sword , to the sword ; and such as are for the famine , to famine ; and those for captivity , to captivity : and though moses and samuel stood before me , saith god , my minde should not be towards them , jer. . , . see here , holy men may possibly become mediators , to get off malignants from their fines , and sequestrations , and punishments , and imprisonments , and leave their brethren and friends under all the ruines that these ill-affected persons have brought upon them , without any restitution at all ; but it shall not take with god ; but such as are for death , shall suffer death ; and such as deserve the punishment , punishment shall be dealt out accordingly and restitution compleatly made to his justice : it is not so here in the world , nor can it be ( to perfection ) while men are men . vse . how then have your deceitfull hearts gull'd you bloody irish ? you thought to destroy all and to make a full massacre of the english ; and see here the sentence past upon you ; you must yeeld your guilty selves to the stroke of iustice : and to what passe hath your malignity brought you you degenerate english , that act irish designes in england ? how miserably are you cosened of your expectation ? the advantages , preferments , and opportunities of revenge you dreamt of , are all fallen to the ground , the wheels of your chariots are off , and your jaw bones broken ; this prophesie spoiles you all , this is worse then an ordinance , or an act of parliament for the departure of malignants out of towne , for in such a case more stay then goe ; but here all goe out , but none returne that continue so ; and how can your knees forbeare smiting one another , when the writing is as cleer upon the wall against you , as belthazars was in written characters against him , for the losse of his glory and kingdom ? tremble then and be dismaid , ye tygrous belialists ; ye roman english , and irish rome ; you that have so miserably disjoynted the members of church and state , and have you no moderation in your cruelty and rage ? will nothing serve your turn but the utter desolation of our eden ? it appeares your malice is far fetcht , and as deepe as hell , and because you could not undo us by your spanish armadoe's , nor your powder-plots , you have so enchanted a poore people , that they do your intended work upon themselves , and have directed their swords against their own breasts , to further your bloody designs , and to make way for your tyranny , and another mary-martyrdome ; well , gods will be done on us . yet know , as soon as god hath sufficiently scourged this nation , by your serpentine rod , ( as he did of old his own israel by the assyrian , cruel ashur here ) he will burn the rod , and receive his people graciously , and when we have drunk the top of this cup , the lees and dregs shall be for your share , and we shall be all made friends to your ruine , and the scattering all your counsels in england and ireland . how truly may england say of this your conveyance and hidden trechery , as jacob did sometime of the fact of simeon and levi ? gen. . . cursed be their wrath ( saith the old man ) for it was fierce , and their rage for is was cruell ; so say i , cursed be this devise of all inventions , cursed be this cruelty of all butcheries . how much cause have england and ireland and scotland to say of this your horrid treason , and to take up that speech uttered by the jewes in their babylonish captivity ? blessed shall he be , that taketh thy children , and dasheth them against the stones . no nation hath more reason to perform such a cruel work upon the plotters and acters of these bloody massacres in ireland and here ; and yet i would have it inferior to no nation in acts of mercy , and to separate the innocent from the guilty . but hear your sentence read before i leave you ; god will do unto you as he did unto the midianites : tremble then . vse . is it so that god hath determined such an exact destruction for his own and his peoples enemies ? then let us all , for our parts , shew our zeale and forwardnesse to help on the purpose and determination of god : but you will say , help on gods purpose ? hath not god power himselfe to do it ? o yes ; saith one , speak lord , speak to the fire , and with flashes it shall consume them ; to the ayre , and with pestilent vapours it shall choak them ; to the water , and with deluges it shall overwhelme them ; to the earth , and with yawning chops it shall devour them . god will have his enemies destroyed , but it shall be by meanes ; his people shall sweat for it ; the philistines shall be destroyed , but sampson must work hip and thigh , goliah shall sink , but little david must use his sling , sisera must fall at iaels feet , but the woman must drive a nayle through the temples of his head first ; it is determined that midian shall receive an irrecoverable overthrow , but yet gideon must advance and encounter him , though he muster but three hundred men , in this sence that is very true , he that made thee without thee , will not save thee without thee , he that made england without england , will not save england without england ; our utmost endeavours must seasonably accompany outward deliverances . awake , awake , sleepy ( though stirring ) england , and be thou at last recovered of thy sleepy lethargy ; for shame , and thine own safety too , unite hearts , strike hands , be friends , and joyn together ; and let not other nations have cause to clap their hands for joy , while we do wring our hands for griefe . all nations are in armes for themselves , but england . france for france , spain for spain , barbary for barbary , ireland for ireland , hell for hell ; and now that you have none to keep you in action , you have found out names and words , and titles , and circumstances to fall asunder into parties . and now one is of paul , another of apollo , a third likes cephas best , but few follow christ in the main thing of that charge of his left his disciples , to love one another . see that it be not a trick of rome and the devil ; it did do the feat upon germany , see that it work not the same effect upon your own selves , your friends , & this great city , as it did upon them . ah countrymen , there is a naughty liberty taken by many of this present age , who make a vast difference between the words , working , in english , and operation a latine elegancy , and these hold a stiffe argument that the same thing may be hot in operation , which yet is cold , they say , in working ; o but , you will say , they understand themselves better then so . i willingly grant it , and do much honour and reverence the excellency of gods grace that is in multitudes of the contenders about these things , but if they agree in words that these are the same , why do they not agree in deeds , and in the maine ? in the duty of love ? a duty so set on by strength of argument and earnestnesse of entreaty , in all the writings of holy men , who spake as they were inspired ? and by the last will and testament of christ , for whose kingdom you so contend ? why then do you diversify the unity of the spirit , and the bond of peace , into such a variety of hatefull factions , and bitter disputings ? o but the least truth is precious ; i , and so is the best of truths , to be honoured and embraced , the god of peace and love ; there is no gall in his doves , and there ought to be no snarling among his sheepe : let lyons teare , dogs and beares fight , and wolves destroy , but let gods people study to be quiet . beleeve it , be sure of it , your enemies will make no bones of your scruples , no distinction of your varieties : and if they could but get the power into their hands , which you contend for amongst your selves , they would levell all your new names into one plaine , and dig you all into one wast or common , and one compleate destruction upon church and state would serve their turne , for all your fiery disputes , and mutuall contendings . now the vertue of this last doctrinall truth , is to exhort you all to be zealous for god , and for his truth , and to unite all the powers of your minds , for the subduing of the common-enemy ; and for the better composing of this nation for this noble enterprise , we must first fall to distribution , and distribute the exhortation . . and first to the supream authority thereof , and under them all orders and sorts of men . . and next to you , those martial and derivative powers , that mannage matters in the field , and to these in their rank and file . . and first to you , the honourable and renowned champions of this nation , let me be bold to beseech you , to accept of a part of this distribution , and so farre to condiscend to the unworthinesse of the speaker , as to ascend so high to the magnificence of the duty . beleeve it , worthy senators , it is the top of your dignity , and the most honourable flower in the armes of england ; it hath so pleased the lord of hosts , that you are above your enemies , and they that hate you are not your masters , though they court you and abuse your servants , yet they are under you , and there kept . god expects at your hands now ( & looks for it earnestly ) that you would disable his enemies too , & those that hate him and his friends : who hath his sword but you ? he hath made you magistrates , and magistrates of the first-rate in europe , and can you bea●e the sword in vain ? i will not be so presumptuous as to go about to direct you what you ought to do , and farre be it from me , either to prescribe or anticipate you in your wiser councels , i hope you are minded to do things that be just , and you will be taught of god what to do , whose names and titles he hath lent you to that end . i have said you are gods . gods will not be unjust , gods will not be forgetfull . forsake me not , saith david , when i am old , when i am gray-headed , when my strength faileth me . david well knew that god would not deal so with his servants , as men usually do with theirs ; he knew he should not be put out of doors , now that he was aged , and weak , and worne out in his service . no , no , he will be kind to the kind , and just to the just , have they lost a limbe ? he will look out a chirurgion for them , and provide a good pension in the interim , is their estate wasted ? it shall be made up an hundred fold , have they lost friends ? he will give them an hundred for one ; if he make them not out in number , he will supply them in their qualities ; and if he fit them not with great ones , he will furnish them with good ones , and that is all one , nay it is much better . god puts men upon hard duties , but gives them good pay . see their commission and debeuturs both , mat. . by their commission , they must fight with wolves , v. . be tryed by councels , v. . betrayed by friends , v. . be hated of all , v. . endure the utmost , v. . and yet neither fly , nor revolt , but be faithfull , v. . ther 's their commission . obj. but what shall be their pay ? ans. they shall be maintained , and saved harmlesse , by a more effectual and speedy power then the committee of indempnity ; they shall save their lives by losing them , they shall win their goods by spoiling them , ( it is not so here . ) this they shall have at present ; and in case they cannot be heard presently , they shall be supplied in the mean time with words to answer , and patience to endure whatever shall be laid upon them by the world , ver. . but is this all ? no , their great services shall be acknowledged before god , ( not forgotten ) and their arrears discharged without any defalcation , with better content then s . in the pound . o all you noble host , that will be christian martyrs , can you desire better pay ? thus god will do , and thus ought you to do also that are called gods ; or else you dishonour god in being called by his name , and entituled the supreme authority of the nation . you are his highest court on earth , you are his upper bench of christian magistrates . you have given out as strict commissions , and put men upon as hard and uncouth duties as ever any powers put subjects upon . for , . have you not sent them as sheep amongst wolves too ? and what would have become of the sheep , if the lamb had not got the conquest ? for did you not engage them against the cruel irish ? and are these lesse cruel then wolves , then tygers ? and are not your friends lives closely bound up with yours , in respect of the direful , revengeful , and degenerate cavalry of this and the neighbour nations ? what would become of their lives , if you had sunk ? who laboured in the storm but they , while many of you and us ( like jonas ) slept between decks ? and now you are come into harbour , can it be that you should forget them that saved you , and became the vertual ( next to god ) and effectual interpreters of your dreams , that otherwise must have vanished away as dreams ? and the freedom of england in those honorable thoughts of yours to rescue it from tyrannie , had been strangled in the birth , and had never seen these few beams of our yet obstructed liberties . there is such a thing in nature as forgetfulnesse . and what a stigme and note of infamy doth the spirit of god leave upon pharoahs chief butler for it , gen. . . yet did not the chief butler remember ioseph , but forgat him . and oh that all they that have guilt upon them in this kind , that do drink wine in bowls , ( the butlers priviledge to do it on free-cost ) and never call to mind the afflictions of joseph , would do no lesse for their friends , then he did for his ioseph , gen. . . i do remember my fault this day . great men , and men of place and publike employments , are very obnoxious to these failings ; and the reason thereof is obvious : and oh that these also would remember their faults this day ! i beseech you , honourable sirs , send speedily , and draw your friends out of dungeons ; raise them from their beds of sicknesse , and free them from their discontented landlords . pharaoh did so for joseph a stranger to him ; he freed him from the ward and the master of the ward . do you so too for your neighbours and your friends , and speak comfortably to them ; and do as well as speak too , lest pharaoh rise up in judgment against you . they have been put upon hard duties ; it lies in their bones and breasts , in their heads and hearts , and upon their wives and children , and landlords and creditors to this day . . but what talk i of hard duty ? to lie in the cold fields , and to fight with bears and wolves , is but a sport and delight , to those bold , and unnatural attempts and undertakings that your commission hath put men upon : it hath familiarly cut the knot of all relations , and put the son to discharge the instrument of death toward his own father that gave him life ; the tie of brotherhood was of no value , to the tie of their loyaltie to you ; the marriage-bed hath been divided since their espousals to you ; and the loving husband could never return again to his beloved wife ; oh how many widows , and orphans , and cripples have your commissions created , that god never made so ! he made men and women perfect ; it was sin , and judgment , and the sword , that makes criples , and orphans , and widowes . hath not the father disinherited the son ? and doth not the brother betray his brother , and cause him to be put to death in your quarrel ? or that is worse then death , disinherits and shames him that was for the cause ; and for no other fault , but for being so ? obj. is not the law open ? and are there not committees for redresse of such grieveances ? ans. o caesar , said a souldier to augustus , when he would have put him off to another that should go in his name to the iudges , whom he feared , but could not ( he said ) go in person . o emperour , said he , when thy life was in hazard , i dealt not thus with thee , to put thee off to a deputy ; but received all these scars and wounds to save thy life with these limbs ; and wilt thou put me off to deputies ? and will you put us off to lawyers ? will ye put a lame man to walk to lincolns inne , that never loved law when he had legs ? well then , you have put them upon harsh imployments , it cannot be denied . what shall be their pay ? let it not be shame , i beseeeh you , whatsoever you provide for them : their hearts are full of reproach , and their purses are full of that coyn already . you may think i have erred from my scope , but i shall cleer the passage ; i am now upon exhorting you , that seeing it is gods purpose to bring down all the implacable enemies of england , and seeing you are the iudges of his upper bench on earth , that you would put forth your wisedome and iustice , in subduing these enemies . and because the drift of my discourse , looks more upon your wisedome then your iustice for the composing of our sad divisions ; wisedome being the queen-regent in all councels , and justice but the daughter , yet so as that wisdome can as well be without her right hand , as be without her . i am now upon an humble and submissive agreement with your wisedomes , about mulcts and oblivions ; that those canine and greedy appetites ; ( david was warranted to stile it the greedinesse of dogs , ) seeing they have been so familiar already at the table , as to snatch away the meat from your trencher , which we supposed you had portioned , and cut out for your children , may be shamed from your table , by holding to them the whole joint ; sure if they be not more impudent then that blushing creature is , at such a sight , they will be ashamed and go out of doors , at such strange and unwonted kindnesse ▪ and yet receive kindnesses too . left therfore your lenity should strangle her sister iustice , and stab her in the fifth rib , in stead of kissing her . i am warranted to lay these two restraints upon your indulgence . . do not shame your friends . . do not embolden your enemies . to this end i have minded you of your commissions , and those hardships ( which are better groaned out then uttered ) and the services you have put them upon , to save you . i have a commission also to come neerer to you ; and i may use ioabs words by way of perswasion as a divine , which he boldly used by way of charge unto david as a souldier . i shall bring them to your doors by & by . . do not hate your friends , but love them . . do not love your enemies , yet love them . i shall make it good sense ; destroy their enmity , but love your enemies . . do not hate your friends . that 's the first restriction , i shall lay upon your lenity towards your enemies . be pleased to remember this saying , qui non zelat non amat , remisser love is hatred . there are divers distinctions of hatred amongst the learned ; i will pick out but two for this purpose . hatred is either absolute , or comparative : there is no fear that you will hate them absolutely ; but it is comparative hatred they suffer under , that is , when you do not love them so much as you ought ; or when you can find more time to bring off a malignant , then you can find to preserve a friend from ruine and death . and so the beloved wife and the hated are distinguished in the law . she is said to be hated , not that she was so absolutely , but because she was not so well beloved as the other . thus your friends think they are deeply hated and wronged , according to this distinction ; because they are not looked upon as they ought to be , nor could they ever have one dispatch for all their loyalty , for an hundred that others have had for all their treachery . indeed there was this disadvantage to your friends : your enemies brought mony , your friends had laid out all and more , and as much as they could borrow besides : your enemies were gentlemen , & had good clothes to put a glittering garnish of good oratory upō their hatred of you ; your friends had no counsel to plead for them , but beggery and their old clothes , and broken estates and crackt credits , and it may be a printed petition or two ; and a hospital is a more unwelcome sight then goldsmiths-hall . this is comparative hatred ; when the spittle is not so well beloved as the mint ; when both were children of your own begetting . ah sirs , let us see that you be the fathers of our country ; if you will be fathers and indulgent ones , sure your cripples and those that have been lamed under the cart-wheel of your pressures , shall have a more tender specialty of your provision for them , then those rebellious children that have their limbs , but would nor work , or else fled out into open rebellion against you with absalom . i pray think on it . . hatred hath another distinction for our use . it is either formall , or interpretative . by the former is meant such hatred as a man entertaines wittingly and upon actual consideration ; by the latter , such as by which ( though there be no intention so to do , yet ) a man doth the same things in effect , as if he did purposely hate a thing . it was wisdomes speech , prov. . he that sinneth against me , hateth his own soul . now no man yet ever hated his own flesh , much lesse his soule . he that spareth the rod , hateth his son . the meaning is , that if he hated him indeed , he could not doe him a worse turn . ah gentlemen , your friends complain bitterly of this kind of hatred , that you do that against them , that if you hated them indeed , you could not do them a worse turn ; if you should as seriously and intensively study their irreparable overthrow , as they have stoutly fought for your safety and preservation , you could not go a neerer way to overturne them irrecoverably ; your good words invite them to wait on you ; and god forbid you say , but they should be relieved , and but that their grievances should be redressed ; your declarations , and publike acts concerning them , give them assurance you intend what you say too ; all this is well : who could imagine that these words and acts could be effects of your hatred ? he that would affirm such a truth were in danger to be questioned . they waite upon you a moneth ; two , three ; nay they tarry a year , two , three , foure ; there arise great contention in the mean time , between them and their landlords , landladies , the cook , the brewer must be paid , the baker must have money : the cook cannot buy meat : much complaining and reasoning , excusing and accusing there must needs be of course . the conclusion is , your friends be turned out of doors , and bid mischief take them , and their masters that set them on work , and the devill pay them their arrears ; o the language ! you will understand it better then i can expresse it with modesty . but i had forgot , there is another degree of hatred , as well as comparative and positive , and that is , there is a negative hatred ; that is , when there is no love at all . truly your friends say they can make affidavit of this too : it is the property of love , wherever it is rooted , to command all the faculties within , to be imployed for the good of them we love . dies noctesque , me ames , me sonnies , me desideres , de me cogites , &c. beleeve it , if you loved your friends , your eye would be upon them ; if you loved them , your souls would be with them ; you would enquire whether they be alive or no ; they could not starve , while you feast ; and you would not let them sigh , when you sing . again , love is learned , and love is witty ; if you had love , you could not be ignorant what their services have been , what their sufferings are , and all for you , these things you would know too ; again , love is witty , in devising means for the good of them we love ; you would find an hundred ways to enjoy your love ; you would quickly resolve to which closet , to which chest you will go to take out a pair of gloves , to single out the other bugle-purse of gold , to convey into your loves hands . your friends complain they cannot see any seale of your love ; but now and then they receive a letter of commendation , which they fear is complemental , and though the court be down , they meet with courtiers stil but , migremus hinc , there 's no tarrying for me here . i pray do not hate your friends , but love them . . do not love your enemies , yet love them . . do not love your enemies , against themselves . . do not love your enemies , against your friends . yet , . subdue them by love , and conquer them by kindnesse , as much as you can . . there are wayes to love them against themselves . they have inherent boldnesse and impudency , and shamelesnesse to speak and act uncivill things to your faces . witnesse cheap-side lately ; there was boldnesse by whole-sale ; there was insolency at your triumph , there were scoffs at your thanksgiving : and will they be lesse impudent , when they deal out their malignity by parcels , and make up their markets by retail at your several courts & committees ? they have all the advantage in the world , to adde art to nature , and experiment to experience ; they have cosens , and vncles , and allies , and councel , friends , and language to make themselves upright and honest men . remember old ●●li : how is it that i hear this of you , my sonnes ? do so no more my sonnes . and then you give them rope , till they destroy themselves ; and let them proceed in their lewdnesse , untill with hophni and phinehas they break the neck of themselves , and their noble , or ignoble families , and miserable relations of their own making . do not love them thus , i pray you ; you will love them against themselves : they will take up arms again , and then where can they compound for their lives ? what shall a man give in exchange for his soul ? . do not love them against your friends neither : they complain infinitely that your enemies did strip them naked , made them beggers , murdered their friends , burnt their houses , laid their country in heaps . after or years complaining , their petition is read , ( it may be so ) the offender brought up at your friends charge . against their coming there is carefully provided for them a mulct an act of grace ; or if they cannot extricate themselves by that shift , they have money , and councel , and friends ; and then a report must be made , before relief can be given ; and then your friends trudge about with their broken credits , and fee whether they can patch it up for the loan of a crown or two shillings , and be at the cost to sweare witnesses again ; at last , your enemies compound at coldsmiths-hall , when the worst come to the worst ; and then where be your friends ? who shall pay the messenger , and the charges ? obj. there is better provision made then so , and do we favour our enemies against our friends ? ans. we acknowledge you would not do it , if you did but hear and see passages with your own eyes and eares ; not will you do it jointly ( as the supreme court ) by your good will : i know you hate it . but treachery is always wrought covertly and closely , and under the specious shew of good affection and friendship to your proceedings . but i lanch out into the deep , i forbear . i beseech you pardon my boldnesse ; your wisedome is hereby touched , ( but it is my zeal for the honour of it ) the lord grant that it be deeper in heavenly prudence , then the hellish craft of your enemies , which is deep too , as deep as hell . but shall i be daunted ? wherefore ? have i not a commission to speak ? and shall i turn my back now i am charging an enemy , and now that i have been among souldiers ? it is not against you noble senators , but it is for you that i charge ; i charge a subtile enemy , an enemy of neer six thousand years standing . in the opticks , though a man be quick-sighted , and hath an eagles eye , yet he cannot see the perfection of a picture at a neernesse , nothing so well as one of dimmer sight may behold it at a greater distance . it is the excellency of your nearnesse , honorable sirs , that you have power to make acts , and to command immediate execution of them ; yours is a neernesse of power : we have a neernesse too , a neernesse of conscience , and knowledge of right or wrong , and the particular effects and successes of things , and some abuses done to the honour of your good intentions . we , we , many of us i mean , that have a great neernesse in many wrongs , have as great remotenesse & distance of right , as we have of power to right our selves but by your authority , unto which we submit . there is this cunning discernable in your enemies , and eminently seen , ( to the bleeding of the hearts of your friends ) that when their oratories and insolencies are so notoriously debauched , that they dare not shew their grinning faces against your loyal friends , in your presence ; yet they have this master-peece , to set on tertullus the oratour ( powerfully ) to plead for them in another guise , and to throw dirty aspersions : which ( however the oration be puffed with lies and malice against your friends for being your friends , as hell is fraught with darknesse ) yet it will cast a stain upon your most innocent mordecay's that discovered their treason ; and it may be such , if your wisdome discerne it not , that many napkins ( and alas , many of them want linnen next their backs , and cannot be at the charge of many napkins ) yet the many white napkins of their innocencie cannot wipe it off . do ye believe paul was an honest man ? o yes ! not paul ? will ye hear then what a charge tertullus brought in against him to felix ? truly , sirs , if you would but look discerningly in this glasse , you might behold the blushing faces of your friends , and the brazen foreheads of your enemies . speak , tertullus ; here 's your fee . tertullus speaks , act. . from the second verse &c. seeing that by thee we have obtained great quietnesse , and that many worthy things are done to this nation through thy providence , ( malignants love quietnesse ? do they wish worthy things to a nation ? o impudence ! well , proceed ) we accept it alwayes , and in all places , most noble felix , with all thanks . ( o treacherie ! i can scarce forbear ) but that i be not tedious to thee , i pray thee that thou wouldest hear us ( not hear me ; tertullus pleads for dangerous malignants , as you shall see ; hear us , saith he ) of thy courtesie a few words . why , what 's the matter , tertullus ? certainly we have found this man ( paul he means ) a pestilent fellow , a mover of sedition , a chief maintainer of sects , ( it may be so , tertullus , yet for all that , paul may be an honest man ; for after this manner which you call heresie , sects , seditions , so worship we the living god . well go on : ) who hath gone about to destroy the temple , ( it was but the pollutions of the temple . but go on : ) whom we tooke , and would have judged according to our law , ( that 's right still ) but that lysias the chief captain with great violence took him out of our hands . that is the spite of your enemies , and the very heart-breaking of them , that your friends were taken violently out of their hands by captain lysias , by your martial power . o the rebellious generall lysias , that would be so bold as to take him out of their hands ! what a noise there is of this kind of violence , that your enemies in three kingdomes say you have done unto them , that they cannot judge us according to their law . this is the great mischief that your army hath done them , that they cannot judge your friends . surely ( right honourable ) if tertullus had lived in these dayes , ( i am sorry i commended him for his wit ) he might have starved , for any imployment he could have had of the most stupid of malignants in england , there is not the most blockish malignant in england , but can plead better for himself . do but observe his learned oration ( well painted over with smooth words ) and you will say he was an asse , and went the ready way to betray his clients , if felix had not been judge , and their better friend to keep paul close prisoner still . do but mark : whom we took and would have judged ( saith he , and we believe him ) according to our law . let me presse you to note this passage . tertullus plainly declares that he proceeded against paul for no other cause , but upon the grounds of hatred and revenge . how so ? he should have been judged according to their law . what was that ? i pray read it in the foregoing chap. ver. . certain jews made an assembly , and bound themselves with a curse , saying , that they would neither eat nor drink till they had killed paul . the old murderer satan had given them a commission of array to kill him ; and the law was only this , they had sworn and bound themselves under a curse ( ver. . ) that they would soon dispatch him ; and there were at the least fourty malignants that had listed themselves to murder him . i know not what other law they had against him , but this was all the commission of oyr and terminer that past the consent of both houses , the chief priests and elders , that they might kill him without any more dispute , being the embassador of christ ; as your enemies did that embassador in holland , for being your messenger . for they had said before , that damn them they would do it ; as they here had bound themselves by oath to do the like feat . this was the law they meant to try him by ; and the foolish orator could not conceal it , but tells felix in plain terms that they had an intent to destroy him , if lysias had not rescued him . it is very likely he would have had felix understand him in a better sense , but that lysias letter to the most excellent governour felix ( as he stiles him ) discovered their bloody purpose before ; that he could not have him shot to death , nor sentenced to die , while felix was judge . o the treachery of your enemies in this powder-plot ! and o the deep subtilty of your seeming friends , in this horrid treason against your true friends ! it is better expressed by interjections , then it can possibly be engraven in stone , or cut out in wood ; the narrow compasse of words cannot enlighten you into these dark cells . i would , but i cannot be more large ; i can , but i will not be more tedious . i promised as much at the first , and i shall strive to pay my debts . i shall crave only so much patience , as to put up josephs request unto you ; that seeing the almighty providence hath restored unto you the liberty that you desired , and hath made you the keepers and distributers of the liberties of england , and that you have the many clusters of grapes in your hands ; that you would be pleased to let some of the juice of those grapes drop into the cup of your afflicted josephs . remember him , and shew him mercy , i pray you , now that you are restored . and if ever you heare tertullus charging your friends , ( as iosephs mistris did ioseph , because he could not be tempted to commit folly with her ) remember ( i pray ) still , that it is tertullus that pleads ; not tertullus the novice , the fool , but tertullus the barrister , it may be tertullus the serjeant , the iudge , the committee-man , the commissioner . it is possible , i say , that such a thing may be . i beseech you , sirs , suspect ever , when you hear their reputation blemished , is not the hand of ioab in all this ? if they would have you believe that your friends be not your friends , but they were self-ended , vitious , your enemies in intention , though eminently faithful in action : remember still that it is tertullus , or one or more for him . and what if these instruments come hot from your enemies forge ? what if they have a dark lanthorne too , and are underminers of your honour and safety ? i beseech you sirs , suspect this evermore , and cast in your thoughts that such a thing may be . you suspect your meat sometimes , and the safety of your persons and houses ; and why not as well the very being of your honour and safety ? . do not love your enemies : but love them . i have heard many bleeding narrations , that the late mulct so honourably intended by you to shame your enemies into obedience , is become an unspeakable snare and shame to your friends , for being round-heads ; and it lies upon them chiefly , and upon the least of your enemies . their subtilty hath ( almost unavoidable ) wayes to cleave and winde about your soundest trees , that like ivy , will soon eat out the very heart of their integrity , if not carefully cut at the root , or at least prevented in their windings about , because there is such difficulty , if not impossibility to find out the root , as being so deep , and intricate and dangerous to be digged after ; and costly , and ticklish , to discerne it from other roots like it ; o the depths of subtilty ! i am sure this heart-eating , serpent-like vegitative , by winding , and turning , and creeping insinuations doth hinder the growth of the most sound trees , and the tallest cedars , and the strongest oaks in england ; your friends find this in most courts they have to deale with , and by sad experience they can say there is very little growth of publike affection towards them that have served the publike in two , three , foure years standing , for which time they have been sad spectators here , and see no growth . t is a very dangerous thing for you thus to love your enemies . remember i pray the simple credulity and foolish pity of the well-meaning country-man , who seeing an adder in the field ; frigore prope enecatū , almost dead with cold ; alas poor creature , quoth he , brings it home in his bosome , applies it to the fire , fosters it with the warmth thereof . the subtile creature no sooner recollects his spirits againe , but with all his venemous activity annoys the whole house , affrights and stings the children and servants ; and o what a hissing doth it make , you would be sorry ever to see this wofull effect of your love ; your children and servants feel it already ; they are mortally stung by these serpents ; they do hisse at your friends , and jeere them to their faces for being for the cause , and they tell them the divel will serve all his servants so as you have served yours . i beseech you , honourable sirs , do not love them so , as that your enemies shall have cause to scoffe at your friends , and deride their loyalty . yet love them too , the saying is , a man may love his house , and yet not ride upon the ridge of it ; his child , yet not alwayes be muching of it ; his wife , and yet not still be fondling her upon his knee : love them as the wise man would have you love your children ; there is folly bound up in the hearts of your enemies too , as well as in the hearts of children , and the rod of correction must bring it forth ; if favour will not work upon them , this must . love them , but still let your eye be upon them ; love them , but take heed they climbe not up again to break their necks or lose their heads upon some tower , fort , house , &c. love them , but let them have no capacity to wrong your servants ; love them , but love your friends too ; let the sonne of your mother be a stranger to you , in comparison of that friend that saved your lives . but do men in authority love thus ? nay , do they not rather prove unthankfull and unkind to those that have preserved them , and saued their lives , and propt up their greatnesse ? o relatives ! relations ! uncle ! cosen ! brother ! why do you hinder justice ? let captain joab speak ; i told you i would bring his words , and humbly lay them at your door , you shall find him a very plain-dealer . sam. : . then ioab came into the house of the king and said , — thou hast shamed this day the faces of all thy servants that saved thy life , and the lives of thy sons and of thy daughters , and the lives of thy wives and the lives of thy concubines ; in that thou lovest thine enemies , and hatest thy friends : for thou hast declared this day , that thou regardest neither thy princes nor servants . i perceive that if absalom had lived , and we all had dyed this day , that then it would have pleased thee well . now therefore come out and speak comfortably to thy servants ; for i swear by the lord , except thou come out , there will not tarry with thee one man this night . souldiers are souldiers , and they will sometimes strain a point of modesty , when they speak to their generall ; and they are no more bold then welcome neither , because they be faithful and valiant , and so found . it shall be my care to take away so much of the acrimony of joabs charge as i can ; yet would i not go about to betray you by silence , or dawbing : no , it is hatefull to god and man , it cannot please you . there are this day in england and ireland , such of your servants , honourable sirs , as have shewed no lesse zeale and courage for your safety and preservation , then this souldier did of loyalty to the blood-royall of the tribe of iudah ; and men do speak aloud , and it rings in every corner of the nation , a● though you had shamed your friends a● much as david did his ; nay , and with little successe , and lesse remedy then those people received upon complains thereof . david rose up , and spake comfortably to them ; and you could not shew your friends more unkindnesse , if you had studied eight years to find out some exact punishment , then you bring now upon them by delaying them i● their petitions in their or years tedious & miserable attendance here upon you . believe it , honourable sirs , the faces of your friends that have saved your lives are very blushingly ashamed . if malignants now ask them for whom they fought , they are utterly ashamed to tell them . adam and eve when they had sinned , were not more ashamed of their nakednesse then they are of your service ; they are put upon it ( some of the weakest i mean ) to say as your enemies say , and complain of you to them , that they thought you had intended them better things , but now they see , &c. o what meat and drink is this to those that hate you ! and this may make your friends malignants too by that time they come to receive their arrears . yet in the mean time , such as can stoop to such an unworthy compliance with your enemies , to get them maintenance ; their credit will go further upon that account , then upon any account of your service , or for being for the cause . a large repetition of their cornish voyage now , will be nothing neer so pleasing to their minds , as long-ditch is to their nostrils , if they were in it . the place is scarce known at westminster , where they dare avouch you , or speak of you , unlesse it be of your unkindnesses . and what unpleasing things they shal be urged unto by the grievednesse of their spirits to utter concerning you , they ought of course to receive pardon , seeing all their afflictions and pressures could not force them from their loyalty , nor yet drive them to revolt with the revolters . ah gentlemen , you little think what unworthy ways and shifts and courses your friends are forced to stoop unto , to keep them from the last and utmost of extremities . is it not a shame to an honest face , to be called upon every day for money , and to be charged with breaking days , & words , & promises ? indeed for men regardlesse of their credits ; and shifters to deal thus , there is no impression of shame or regret ; but for honest men to be called knaves , and for them to be unjust , it is a wounding consideration to men of honest thoughts . i could shew you some , that deserve singularly well at your hands , that take many a wheeling step in the revolution of a year , to shun the provoked clamours , and importunities of those that have trusted them for meat , drink , &c , during the years ( not moneths ) that they have waited here for the income of some of your many promises . but now they blush , and are ashamed , and cry out , o forgetful parliament ! o unkind masters ! happy enemy ! happier neuter ! most happy betrayer ! for had i been an enemy ( saith one , and i know him too ) i had been worth . li . this day ; if a neuter , .l . if a betrayer , what with my pay , & the reward of treachery offered me , i could not have been worth lesse then .l . note this . but o wretched faithfulnesse ! o fool-hardinesse ! which men call constancy and valour ! for you it is that i am now . li : worse then a bankrupt , if i were sold and my nine children ; for your pleasure it was that i turned the words of nero's mother into reall deeds . occidar modò impe●et . me , me , let me be wrack't so they ' scape paine , here , here , take all i have , so they may reigne . these , these , be the groans of your friends , honourable sirs ; and these they sigh into tears , and their tears they drink ; for wine they can have none , but only the lees thereof turned into sharpest vinegar that frets them , and makes many of them shew sowre faces towards you . o do not shame your friends . who will you have to subdue your enemies , if you shame them ? enemies will not help you . thus you have my distribution like benjamins messe , five times bigger then any of your brothers portion . . and for all other orders , and degrees of men , if such an unskilfull hand as mine ( i will confesse what i know will be objected , ) should presume to distribute this exhortation into severall portions , were they so evenly cut out and shared , yet i cannot hope to give full satisfaction to the precious children of gods own family , muchlesse to the rebellious children that are contentious , and whom nothing will satisfie , but their own humors , which are full of rage and envy ; i shall here lay before them , pauls distribution , rom. . it is a text wherewith royalists think they strike all arguments dumb & dead , that make for us in our defensive war , and taking up of armes for the supream authority of this nation , against an usurped and inferiour power of the late king and his party . it was a text that was laid before me when i was a prisoner at wallingford ; and because they did abuse it , i will take it not from theirs , but from s. pauls own hand , and lay it before you . for we can never effectually go about the work of subduing the common enemy , untill our own proud hearts that love priority , be subdued and brought under . paul saith , let every soule be subject unto higher powers . {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} every soul . he questions not whether we be for episcopacie , or the presbyterie , or for gathering congregations , &c. but if we be reasonable creatures , and have soules , we must be subject to these powers . si omnis anima ; & vestra , &c. active or passive obedience is a duty we owe unto the supreme magistrate . obj. o strange ! why then did we not give unto the late caesar this due ? why did we take up arms against the king ; when all the licensed weapons in the primitive times ( that might be used in such cases ) were preces & lachrymae , prayers and teares ? ans. these must be our weapons still , and we should never have made use of any other in england or ireland , had not a greater power been called to act according to the supreme law of nations . salus populi , the good and safety of a people , is that soveraign law that all nations would be subjects unto , if they knew what it were , and had any such way as england hath had to rescue that law of nature from the will of princes , and the extreme corruption of court & courtiers . o the tyrannie in france , barbary ! believe it , malignants themselves have told me , it was extreme there . obj. but are our powers the supreme powers ? paul , answer for thy self ; many , many question thy doctrine , or thy meaning . ans. paul . there is no power but of god , the powers that be are ordained of god . it is god that sets up , and throws down emperours , kings , &c. and it is he again that enthrones kings , and sets up magistrates . there are no potentates in the whole universe that have any setled peculiarity in their chiefdom , but all ( whether with or against their wills , it matters not ) give it up to god as his prerogative-royall , or he will take it ; it is he that dethrones saul , and sets up david ( a shepherd ) to be king ; it is no other but he that did throw down the king and his cavalry ( gallant gentlemen ) and set up the parliament to govern and to keep his sheep . who but he put the star-chamber out of commission , and setled the councel of state at whitehall ? it is of god , saith paul . obj. be these the powers of god ? that 's strange ! we thought they had been the powers of the army . ans. i tell you , saith paul , the powers that are , be ordained of god , and they that resist shall receive to themselves damnation . i could lanch out again , but i am in haste , and therefore must wait another opportunity . i shall therefore in the mean time turn all such as cavill at the present providence under which we are , unto zophar in job , who will satisfie any wise man ; it is sufficient to me , that the wisdome of god hath so ordered it . job . . canst thou by searching find out god ? canst thou find out the almighty to perfection ? it is as high as heaven ( for holinesse ) what canst thou do ? as deep as hell ( for wisedome ) what canst thou know ? vain man would be wise , &c. . this exhortation hath a strong force upon all the military-members of the church militant abroad at their severall quarters ; you , gentlemen , you are the instruments , and but the instruments , whom god hath honored in bringing down the pride of the enemy of this nation ; you have done much this way , yet you have not fully accomplished the work that god hath designed you unto . assur also is joyned with them , and they have holpen the children of lot ; you must go over sea , and make inquisition amongst the cruell assyrians of that nation , for the blood of two hundred thousand protestants , and your worke is by gods blessing upon your endeavours , to subdue and scatter those herds of tygers , according to the pattern of midian , or else they will not feare to send their wolves to worry and teare in pieces more of the scattered flocks of englands simple sheepe ; and what quarter is the lambe like to have , when the wolfe is judge ? and because you affect not prolixity and length of words in your march , i shall be bold to give you , . some grounds . . some motives . . some instructions . to informe , incite and direct you in the conscionable performance of a duty so much required in the text , and so seasonable for the times . . for grounds , you have such as are indisputably just and warrantable ; you need not care what malignants speak ; a lawfull cause makes the action lawfull and warrantable . . gr. it is lawfull for us to defend true religion , against the opposers and corrupters of the same ; that this is matter of equity , may be gathered from the words of abijah to jeroboam and all israel , chron. . . and now ye thinke to withstand the kingdome of the lord in the hands of the sons of david , and ye be a great multitude , &c. what follows ? ye have made golden calves , and have cast cut the priests of the lord ; but as for us , the lord is our god , and we have not forsaken him , he is our captain ( generall ) o ye children of israel , fight not against him , for ye shall not prosper : begin when you will , you 'l have the worst of it ; for ye kick against the prick , ye foolish enemy . marke , i pray , though he might have an ayme of recovering his own right againe , yet this very busines of corrupting gods worship , and making calves to idolize , was the ground of this good kings quarrell more then any thing else . and is it not a thing as cleer as the day , that the judges of israel did alwayes raise warre to defend the people of god out of the hands of cruell oppressours ? this you may find plentifully in the history of the judges . and hath england and her judges done more against her oppressours , and invaders then israels judges have done before ? o the trumpery of rome , that would soon invade us , the ragged crew that would destroy us ! the cunning machiavels that would divide us ! if the supream court of englands judges should not mannage our affairs against their cunning and tyranny , with iustice and prudence . . we may go to war for common justice when t is denied us ; nay , if our brethren , or kindred or neerest allies come with tyrants to act injustice and oppression upon a nation , that people have very good ground to disarme them , or to know why not ; yea and to bring them to justice too . you may ground this from the practice of the israelites against their neer friends and brethren the benjamites , because they rescued and kept from justice the sons of belial , that had ravished the levites wife , judg. . here religion was not so much the matter in question as common justice , which the benjamites peremptorily deny the isralites ; hence the difference , israel takes up armes and encamps against gibeah of benjamin , and albeit israel was foyled at the first , very shamefully , to the losse of forty thousand men ; yet as soon as they took the right course , phinehas the sonne of eleazer moves the question whether they might fight against benjamen or no , ver. . shall i go up to battell against the children of benjamin my brother , or shall i cease ? and the lord said , go up , for to morrow i will deliver them up into thy hand ; where we see the lord doth both owne and blesse the enterprise , even against benjamin their brother . but the quarrell we have in hand , is of a different nature ; here religion and liberties and the very being of our english nation lie at stake , and our posterity , yet unborn , lie a bleeding ; and if we shall not now quit our selves like free-born-english men , for our kingdome and for our religion , within lesse then a few ages , the name of an english-man , will sound as bad here in england , as the name of a iew in christendome , or a christian in barbary , or as it is now in ireland , or among the red-shanks . . the third cause that carrieth equity with it , is when men fight for the necessary defence of the common-wealth . and why is it called a common-wealth , but because every one of the nation hath a share , in the ill or welfare of it ? every one hath his venture more or lesse embarked in the bulk of it , which should ingage us altogether as one man to keep out invasions , and to defend our rights , and hale , and tug , & pull , and hoyse up and pull down , let out , and weigh up , though there be different tempers , and opinions , and countreys , and languages , yet seeing all have proprieties in the same ship , and the neerest of all properties their lives , this makes them bussle and bestir themselves , and use their best wits to preserve the same from the destruction threatned ; why should it not unite english hearts together in these greater tempests ? why ? and if the old rule be still observed commune incendium dissidentes conjungit . why should not wee , though jarring now and then , in triviall matters , unite in-the main to the suppressing of this great flame of englands burning ? ours is an unnaturall fire , a wild fire : bring milk to appease it , though it be costly : not oyle to enrage it ; the enemy will be at cost whatever it cost . is it not the common-wealth that is afire , and art not thou a commoner ? ours is a fearfull , a destructive fire ; and hast not thou a house ? a being ? and a free being too ? and if we burn to ashes , it is long of thy stubbornes , because thou wilt not have thine own , nor thy brothers , nor thy cosens house pul'd down to prevent a farther harme ; it is thy wilfulnesse and covetousnesse and unnaturalnesse , that wouldst continue the flames , not the masters of the city that would prevent it ; well then it is the publike ; it is the magazine of the kingdome that is in danger ; you may , you must , you ought to put your selves in a posture to quench it ; bring your tools then , your instruments , all men of all orders and callings ; you that have prayers , bring prayers ; and you that have water , bring water ; and you that have ladders , bring ladders ; and you that have hooks , fasten them to the strongest holds ; and either quench the rage , or pull down that building , if the engine of your wisedome and moderation cannot allay the same : only observe this as a rule , if possibly you can quench it , use no other means of roughnes and rigour ; for the strongest hooks of these , could not do that which a little engine of sweetnesse , and winningnes , and clemency and patience , have done effectually ; but i digresse , my scope is to prove that which is generally received , that it is warrantable to quench a common flame ; and yet such is the malignity and non-sense or the times , i am put to prove the lawfulnesse of it . object . o but you will say , let us alone and we will do it ; for are not we as skilful as you , and more in number ? and are not our engines and tools as cunningly framed as yours be ? answ. let you alone to quench the fire ! let us alone ? what you ? you , that like mad men set us in a flame ? and you because such engineers ? let your engines be broken ; though they be cunningly contriv'd , yet they will not work , they are stopt ; they are naught ; your water is mudy , your cause bad ; the clear engines though plainest , are more fit for use , especially fot such publike use , and you because numerous and many ? why , a throng hath ever proved ( a hundred to one ) fatal to a burning ; and a concourse of lazy lewd pilfering gazers on , alwayes doth more hurt then good ; for good they do none , unlesse shifting be good . but now i think on 't , it is in vain to maintaine argument with such sophisters as go about to prove chalk to be cheese ; in plain termes , we cannot trust you : what , would you have us trust those to quench our flames , who first kindled them ? and have we any hopes that those envious men will now bring water to appease the rage , that have ministred so much oyle , to make it , if possible , unmasterable ? well , gentlemen , let posterity judge ( unto whom the story of this age will be handed and conveyed ) how fit you were to be imployed in such a publike piece of service , when the implacable rage of your malignity could not be quenched , u●●ill a row of such costly buildings as mens lives , estates , the very honour and reputation of the english nation , had suffered eight yeares consumption by fire and sword . it is well , the providence of god , and the wisdome of your guardians ( the trustees of this nation ) have provided so well for your posterity , that they have seized upon so much of your destructive fuel , and have sequestred some of your oyl , and laid it aside in goldsmiths-hall , there to be barrell'd up or imployed for better purposes , then so to offend your poor neighbours , and the kingdom , and the church , and the state , as you have done , and it is much suspected you would do it still , if you were to live an hundred years , if not restrained . i hope then you will grant it lawfull ; lawfull to quench such unnaturall flames . then , souldiers , this is better ground for you to fight , then any they have ; theirs are irish bogs the best of them , yours is firm and sure ground ; here you may safely set your scaling ladders , either to take forts or quench flames made by your enemy . object . but i have heard some objection made ; what warrant have we to go for ireland ? did not the english there live in their houses , enjoy their lands ? and why should not they beat off injuries as well as we ? the law of nature being the same for them to do what they did , as for us to do what we do . i would not have invented an objection , if i had not met with it more then once . but ( souldier ) i acquaint thee , not that i dare think thou hast such a thought or doubt , seeing thou hast met with so many deadly enemies at a lesser distance . ans. jepthah's apologie shall be my answer ; and it was made to ammon's charge against israel , judg. . . the ammonites alleadge that to be the cause of their quarrel against israel ( as the irish made it theirs against the english ) because , saith he , israel took away my land when they came out of egypt ; now therefore restore those lands to me peaceably . now here the irish go beyond all monsters that ever were heard of since the creation ; not , restore my land peaceably , but we will take the lands violently , said the irish , and make you pay the arrears of more then two hundred thousand millions of mony in their cruell stamp , being the blood of two hundred thousand protestants , in lesse and greater peeces of the same coin , of every age and sex . now i pray mark , jepthahs answer necessarily warranteth the taking up of arms for the defence of such a propriety , and so cleers the matter to them . ver. , . he shews them how that israel did ammon no wrong at all , but those lands fell unto israel by ammon's attainder . the case is the same between england and ireland ; and if england had met with nothing else to have taken her off , she might long ere this have framed a large bill of attainder and complaint of the most horrid murders , rapines , cruelty , blood . shed , as was ever named by tongue , or conceived by tyrant : but her heart hath been too full of irish cruelties within her . this last was not the first of rebellions there . it is not beyond the memory of some of this age to call to mind another piece of such barbarisme by that cursed nation . you will grant then , that ireland doth by ireland's attainder , be long unto the nation of england , and lies at their mercy , how far they will proceed against them in severity of justice , when once brought to trial , god direct them to deal with them better then they have used us . . and as you are upon safe ground , so you have very good motives to quicken you in the duty , and to set you upon it . . you have commission . god commands moses , moses again the israelites ; execute vengeance ( saith he ) upon the midianites . there 's your commission . why so ? because they drew israel to sin . this sin brought down gods judgments , and these judgments cut off thousands . hence that command , numb. . . vex the midianites and smite them , for they vex you with their wiles , wherewith they have beguiled you in the matter of peor . how many of the simpler sort of this nation have bin vexed in this kind , and have been drawn to popery and ignorance , and to beleeve as the church beleeves ? what mischief hath this ungodly mixture wrought amongst us ? what it is , no man can be ignorant of that will view the ruins of england . . you have a president to follow , god himselfe is said to have warre with a nation , and he is therfore called a man of warre , exod. . . god is a man of warre the lord of hosts is his name , he is a gallant souldier ; and takes upon him that title , to encourage us , when we have a dispatch from him , when he sends us into the field and ownes us , he will be the lord president over us , and present with us , his name is jehovah , he is a souldier , a swestone an grammatized ; he is deus , a god , a mighty puissant prince , a victorious conqueror . . we have promise of victory , when we fight his battels , and beare arms for him , under him , against his enemies . when joshua was to go up against iericho , which was shut up and inclosed because of the children of israel ; the lord said , behold i have given into thy hands jericho and the king thereof , and the strong men of war . it is the very life of a souldier , the hope of victory ; it is that which makes him commend his winter-quarters in the open fields , & delights to tell you the story how hearty a meale he hath made upon a cat , or a peece of horse-flesh . . we have an answer of prayers to encourage us . sun stand thou still , saith ioshuah , and thou moon in the valley of ajalon , ios. . . and there was no day like that day before it or after it , that the lord heard the voice of a man ; for the lord fought for israel . believe it , prayers have been so prevalent for you , that though the sun did not stand still , nor the moon wait upon your train of artillery ; yet they brought the enemy to you before they would set , and cooped them up in your pen severall times , and saved you the labour of a toylsome prosecution of them in following the slaughter . well then , the prayers of the church are gone before you . . the spirit of god sets down the duty of such as manage matters in the field , as of captain , and common-souldier ; which he would never have done , if the course were not good , ( as some of the ancient anabaptists held it was not ) when the common-souldiers came unto iohn for instructions what they should do , he tells them briefly what they ought to do . master , and what shall we do ? do violence to no man , said iohn . and what e●se ? accuse none falsly , said he . what more ? do not mutinie , be content with your wages . do but hold to these rules , and it will prove a great addition to your reputation in city and country . . do violence to no man ; be not greedy of the pillage , nor of private revenge , because the sword is in thy hand : forget that : it is below thee , now that thou art a commander , to retein such things , and to be overcome by passion ; let that be the work of cowards , not of souldiers . this will bring a very good repute upon your undertakeings in city and country , and make you honoured , as well as feared amongst your enemies . . accuse none falsly , do not make a man a malignant for his horse or mony ; be not rash to arraign , and accuse , and condemn , and execute all that be not of your judgement in every point , till there be a faire hearing first . carry a good tongue in your heads ; or else , a thousand to one , it will be abused to false accusing . . be content with your pay ; and do not mutinie , but stay till it can be provided . forbear to tell the country-people , that all they have is yours , and that you won it by the sword . you have indeed won much , and you have won their lands , and liberties , and lives from tyrants ; but it is for them , not for your selves . though they give you now and then an unkind word , remember they are your pay-masters , and labour hard to pay you ; and if some of them will not acknowledge how you have adventured your lives for them , it is not for want of ignorance and rudenesse in many of them , and cannot you overcome rudenesse with kindnesse , as well as you have turned powerful armies into rude heaps of confusion ? the greatest conquest is to conquer your selves in point of passion and revenge ; for what will it avail you to overcome a multitude of enemies , and to be subdued with one lust ? be content gentlemen , and put discontent and impatience to the sword , and you win all upon the people by kindnesse ; and provision will be made for your pay , and security will be given for the rest ( better then that from the excise or at goldsmiths-hall . ) the recompence of reward , the greatest part of gods pay to his souldiers is reserved from theeves , and rust , and defalcations , and casualties , in the strong tower of zion . observe but good rules in the deportment of your selvs towards your generals , your fellow-souldiers , the city , the country , in the field , and at your quarters ; and as your cause is good , so you will bring a good report on your selves and on those that do imploy and command you . and lest my exhortation ( by pressing it so earnestly ) should leave the least stain upon the many that deserve so well among you , in the strict observance of these orders : take this just testimony : never did such an army disarm so many malignant tongues of words against you , as you have done , to your reputation ; i could wish that all would write after your copy . oh , how many malignants would lie in heaps before you , either by admiring at you , or bursting by you ! they would turn roundheads , and be forced to say not mockingly ( as is their guise ) but seriously , that you are — an army of saints . thus you have all the motives by way of encouragement , as you can desire , to adde life to your undertakings of this kind . and for direction . though you , the renowned commanders , have evidenced to the world so much prudence and valour , that you need none of my testimony , yet you will give me leave to drop these directions in your camp , as tending not to mutiny , but obedience ; and the rather because some have made but little progresse in observing good orders , as yet ; and i know you that act honourably , would have all ( under you ) act and go on upon the same principles , and in their order also . i know the carriage of such as are irregular and exorbitant , doth much offend you , and your proceedings against them ; have shewed your dislike and severity against offenders of all kinds ( punishable by you , ) that come within your cognisance ; and me thinks the complaint that jacob made of his two sons simeon and levi , may be sometimes taken up by you , against such as talk and do beyond their commission , gen. . . you have troubled me to make me stink amongst the inhabitants of the land , and i being few in number , they shall gather themselves together against me and slay me . such as these that act without commission and against articles , do much dishonour upon their chieftains . i shall leave these directions and take post to a conclusion . . be valiant . it was hezekiah's charge to his captains and soldiers , chron. . . be strong and of a good courage , feare not , nor be afraid of ashur ; ashur is the enemy here in my text ; and you have bloody ashur again in ireland ; you must not fear them : god tels you so : and you have been valiant . there be three ingredients that makes up christian-courage and magnanimity , fit for your wearing . it is confest , . knowledge of the cause and quarrel in hand ; the conscience must be informed of the equity of it , as namely that it is for god & the people of god , our wives , our sons , our daughters , our friends ; this makes men as bold as lyons , to trample death ; it was this that set david upon goliah , luther upon rome , and our honoured cromwell upon hamilton and langdale in the north . . a relying upon god for a gracious issue , when we go forth to fight the enemy , with this assurance , that not a hair will fall from our heads , without the all-ordering providence ; o this helps on very well . . a serious acknowledgement that the issues of war are in gods hand ; as the battell is his , so is the honour his too , and it is all one with him to save with many or with few : o this is the very steelen-back of christian courage ; tell not me saith the christian , what be their high words ? what care i for edom and moab and ishmael , and a hundred more ? let scott , and french , and irish , and danes , and pagans , come with thousands , i care not , the field is my generals , and the issue of war is his , and it is all one with him to save with many as with few . . get and use honest craft ; the enemy is subtile , and he serves a cunning-master ; out-vie him too in point of policie ; christ commands it , be wise as serpents , nay , and blames those of his own that are not so , the children of this generation are wiser then the children of light . i will give you but one example . abraham intending to recover his nephew lot out of their hands that had taken him captive , did not fight them in the field , but wisely divided his company & smore them by night . but yet for all your wisedome , you must be faithful & use honest craft , & keep promise with the enemy : and though they prove base that way to us , we must not do so to them ; we must not promise to save them , and then destroy them ; we must not agree to receive them to protection ▪ and then work their confusion ; that 's treachery , not craft . . be religious ; do not raile against and revile religious men . it were well if many of you had humility with your zeal , and would bridle your tongues when you speak of those many godly men that jump not with your opinions in every thing . the saying was , inter arma silent leges . though others take the liberty to transgresse all lawes and rules of christian cariage and common civility , in unsavoury words and rude actions ; yet you are taught better things . civility is a common grace , very comely to behave your selves with towards an enemy , much more towards your friends . i am sorry i am taken off , that i cannot at present enlarge my mind to you . i must set a period , and yield unto the birth , though it come before the time . good reader , bestow the more of thy labour of love in cherishing it : god may give strength , and vouchsafe his assistance to the parent to do something to it , if thou preserve it in the mean time , till some present weaknesses and distempers be over . finis . by the committee of safety of the common-wealth of england, scotland, and ireland a proclamation touching the summoning of a parliament. england and wales. committee of safety. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) by the committee of safety of the common-wealth of england, scotland, and ireland a proclamation touching the summoning of a parliament. england and wales. committee of safety. sheet ([ ] p.) printed by henry hills, and john field, printers to the committee of safety, london : [ ] dated at end: given at whitehall this . day of december. . annotation on thomason copy: "xber [i.e. december] . .". reproduction of the original in the british library. eng england and wales. -- parliament -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no by the committee of safety of the common-wealth of england, scotland, and ireland. a proclamation touching the summoning of a parliament. england and wales. committee of safety. a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion by the committee of safety of the common-wealth of england , scotland , and ireland . a proclamation touching the summoning of a parliament . the council of officers of the army , upon consideration of the present condition of affairs in this commonwealth , and the great distractions now fomented by the enemies thereof ; and being satisfied that the most probable means under god for the appeasing of all discontents , quieting the peoples minds , and preserving of their spiritual and civil rights and liberties , will be , that a parliament , without a single person as chief magistrate , kingship or house of peers , may speedily be called , who , through the gracious assistance of our god , may proceed to such a settlement of the government of this commonwealth , as may be for the security of the cause wherein the good people of these nations have been , and still are engaged ; and that their intentions of setting up the civil authority , and being subservient thereunto may be brought to effect , they have held it their duty by all good means within their power to be instrumental in procuring the same , and in order thereunto , have made known to the committee of safety their desires herein ; and that the committee would take speedy order that the same may be put in execution for the ends before mentioned . whereupon this committee being ready to contribute their utmost endeavours in so good a work , and so much tending to the satisfaction of all good men , and to the preservation of the peace , liberties and rights of this commonwealth , have thought fit , and do hereby publish and declare , that writs under the great seal of england , shall forthwith be issued for the summoning of a parliament , as aforesaid , to be held in the usual place at westminster , upon the four and twentieth day of january next ensuing ; and this committee do hereby exhort and require all persons of what condition soever , that in the mean time they do not act or promote any thing to the disturbance of the publique peace , but that they do demean themselves peaceably according to the law , expecting and resolving to submit unto what the parliament shall in their wisedom think fit to order concerning the great affairs of these distracted nations , wherein they humbly pray and hope that the lord will be pleased to vouchsafe his gracious presence and assistance . given at whitehall this . day of december . . ordered by the committee of safety , that this proclamation be forthwith printed and published . will. robinson , clerk of the committee of safety . london , printed by henry hills , and john field , printers to the committee of safety . double your guards; in answer to a bloody and seditious pamphlet, entituled an alarum to the armies of england, scotland, and ireland. l'estrange, roger, sir, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing l a thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) double your guards; in answer to a bloody and seditious pamphlet, entituled an alarum to the armies of england, scotland, and ireland. l'estrange, roger, sir, - . , [i.e. ], [ ] p. [s.n.], london : printed in the year, . published anonymously. pages - misnumbered - . annotation on thomason copy: "april. ". "an alarum to the armies of england, scotland, and ireland" remains untraced. reproduction of the original in the british library. eng charles -- ii, -- king of england, - -- early works to . england and wales. -- army -- early works to . england and wales. -- parliament -- early works to . alarum to the armies of england, soctland, and ireland. great britain -- history -- commonwealth and protectorate, - -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason e _ ). civilwar no double your guards;: in answer to a bloody and seditious pamphlet, entituled an alarum to the armies of england, scotland, and ireland. l'estrange, roger, sir c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - angela berkley sampled and proofread - angela berkley text and markup reviewed and edited - pfs batch review (qc) and xml conversion dovble your guards ; in answer to a bloody and seditious pamphlet , entituled an alarum to the armies of england , scotland , and ireland . london : printed in the year , . double your guards , &c. this last weeke , has brought to light two pamphlets ; so exquisitely impious , as if they had been fram'd in hell , by oliver , and bradshaw . they speak the language of the damned ; horrour , despayres , and desolation . these goodly pieces are christen'd ; plain english , — & an alarum . i suppose they are twinns ; the issue of the same brayne , as they are related to the same maine end . i had nigh finish'd a reply upon the former , when the latter came to my hand : comparing which with the other ; i find they correspond , so aptly , and so universally , to the same seditious purpose , that there 's not any interest ' scapes their malice , and attempt . they advance their dispute , and march together ; that what they cannot gaine by force of argument , they may be ready to essay by dint of sword . their plain english ; is a reasoning of the case . first with the generall ; claiming , from his engaging for the publique liberty ; a title to his ayde in favour of a private , and enslaving faction . it labours then , to puzle the presbyterian into a jelousie of the kings faith , and honour ; and consequently , into a doubt of his own safety ; should his majesty be restored . nay , not content to blaspheme the kings integrity , by a bold censure of his secret thoughts : the shamelesse beast , ( the authour of it ) sticks not to charge the secluded members , with the guilt of the kings bloud , upon a sencelesse inference drawn from the declaration of both houses in . touching the reasons of the votes for non-addresse . his ayme is here to perswade them , to accuse themselves . how those votes were obtained , i have shewed at large : ( in a print entitled treason arraigned ) and it suffices ; the whole nation knowes , that though the plague was in both houses then ; yet all were not infected . the rumpers only had the tokens : ( nor all these neither ) so that at last , the seclusion of so many as opposed the capitall prosecution of the king , amounts to a clear act of discrimination ; a separation of the cleane from the uncleane . having there set the presbyterians at work , upon the question of interest , and safety ; ( and after many a lame complement to his excellency ) he cuts out worse employment for the phanatique souldiery : and at the same time , breathing hot , and cold : — reason , and mutiny ; he sollicites the generall into a complyance , and the army into a tumult . to disabuse the multitude ; ( if any should be mad enough to be deluded by so grosse a cheate ) i 'll lay the juggle open , in as few , and familiar words as possible . the title speakes the businesse of the pamphlet : ● ( 't is an alarum , ) and the application , — ( to the officers , and souldiery , &c. ) the malice ; there 's treason in the very face on 't : if the first two words cost not the nation a hundred thousound lives , 't is not the authors fault . his second page , places the legislative power in the army , challenging their promise ; that before they would suffer themselves to be disbanded , or divided , they would see the government of these nations establish'd upon the just and secure fundamentals , and constitutions of freedome and safety to the people , in relation , as men and christians , and that in the way of a common-wealth , or free-state-government , without a king , single person , or house of lords . these gentlemen ( i see ) resolve to be their own carvers ; not suffer themselves to be disbanded ? this rump , would be a perpetuall army , as well as a perpetuall parliament . let the nation observe now the quality of this suggestion . first , by the law of armes , 't is death ; that , which these fellowes would engage the army in : that mutiny against their generall . ( for they give him for lost . ) next , 't is treason , by the law of the land ; the vsurpation . thirdly , 't is murther . murther , intentionall , in the bare conception of it ; and actuall , sure enough , so soon as that intention is but knowne . now let us weigh the benefits it brings , against the crimes , and dangers that attend it . freedome , and safety , to the people , both as men , and christians . there 's the proposition . freedome , there can be none , to the people ; where a particular , and little party pretends to impose upon a number times greater , and enslave them . nor safety : where in that disproportion the nation is engaged against a faction : and every sword that 's rais'd against it , carryes damnation upon the point on 't . neither doe they act as men . man , is a reasonable and sociable creature . here 's a designe , that breakes the bond of order : and betrayes a manifest folly , by a contrivance so impracticable , and mischievous at once ; idly to labour the saving of a few , guilty persons , at the price of an universall , dissolution . for christianity ; either my bible's false , or their opinion , that shall pretend to raise a christian government , upon a basis of rebellion , and bloudshed . from hence , the terrible trifle proceeds to the distribution of his designe into three heads . first , what thecavalier sayes . secondly , what the presbyterian thinkes . thirdly , what the armyes best friends , ( scornfully called commonwealth-men , and phanatiques ) doe foresée , concerning the present transactions in the three nations . and lastly , his own observations , and seasonable advice . he tels us , the cavaliers opinion , that the generall's intention is to bring in the king , and grounded upon these reasons . first , that upon the th . of february last , he sent an imposing letter to the parliament , ( in scorne called the rump ) and thereupon , ( without any order from them marched with their army into london , then esteemed and made by him , ( in destroying their gates , &c. ) their implacable enemies ; and at night suffered so many bonfires , and ringing of bells , and publiquely drinking healths to the king , and a frée-parliament ; rosting , and burning of rumps ; hearing , and seeing his masters in open street declared murtherers , and traytors , &c. — feasted , and associated with the kings friends , &c. this is a grievous charge , assuredly : but not vnanswerable ; and ( by the licence of our observator . ) this i reply . the generall's commission expired upon the tenth of february , so he was free , the eleventh . again , it was the designe of the rump , to make the generall odious , and therefore they imposed upon him such barbarous orders as probably might leave him no retreate . while he professed to act by any derivation from them ; malice it selfe cannot but say his excellency stood firme to every point of military obedience : at last , when they proceeded so severely against the city ; he interposed ; but his mediation was rejected ; and more imperious commands sent to him , this is enough to prove , 't was not the generall that made london the rumps implacable enemies : but 't was the sordid insolences of the members , that made the conventicle hatefull , to the whole kingdome , and this appeared , by the vniversall joy that followed upon their disappointment . if the rump at westminster , did by a simpathy , fellow-feele the suffering rumps in the city ; the case indeed was hard ; but for the rest the murtherers , and rebells they were call'd , — methinks it should not trouble folkes to be call'd by their names : ( that 's only liberty of conscience , and i dare say , the people spake as they thought . ) are these gentlemens eares so tender , and their hearts so hard ? is the sound of treason and murther so dreadfull and the exercise of it so triviall ? — i must confesse , to stay away ten dayes together ; ( from the th of feb. till the as that his masters charge him with ) was something a long errand . but seriouslly , gentlemen , considering 'twas his first fault , forgive him . ( true , if he kept lewd company , ( cavaliers , ) as you say he did ) i ha' no more to say . the second motive to the cavaliers discourse , ( that his excellency will restore the king ; ) is that notwithstanding his engagement , by letter , and verball promise to his masters ( that had ventured their all to secure him from being ruin'd by lamberts army , he yet admits the secluded-members to sit . — ( most of whom , he absolutely knew to be for the restauration of charles stuart , ) &c. to this ; it is notorious ; that designes were laid to murther the generall ; that the rump received , and kept in members impeached : that they promoted , and gave thanks for barebones petition : containing matters of direct contradiction to their professions . in the next place ; instead of the rumpers saving the generall from being ruin'd by lambert , that generall saved them and touching their opinions , of ( charles stuart ; as this villaine prates ) the king . the noble generall regarde their trust , not their opinions nor did he enquire what they were . thirdly ; ( say they ) the generall will bring the king in , for he ; hath suffered the secluded-members to release sir george booth , and his party , &c. — again ; they have ( de novo ) voted the covenant to be printed , read , and set up-and — acknowledging the late king's posterity : — as likewise suffering to be maintained in the house , that none but jesuites and priests are for free-state-government . — observe yet further , ( sayes the cavalier ) that he imprisons common-wealth-men , and releases royalists , &c. these rumpers have gotten such a trick of breaking parliaments that 't is their publick profession now become to enforce them to the bent of the army . suffer , still is the word . the generall suffered the secluded members to release sir george booth ▪ — the next point , is yet more remarkable : these very covenanters abjure the covenant . — as for the suffering ( there 't is again ) to be maintained , that onely jesuites and — the generall is not properly to take cognisance of what passes in the house . ( the king was chidden for 't ( exact collections ; see the petition of both houses de. . . ) — now for imprisoning , and releasing . if it so happen , that some common-wealth-men deserve to be laid up ; and some royalists to be enlarged ( not as such ) it is but justice to do the one , and the other ; for at the rate of this subtle argument ; free-state-men shall be protected against the law , and royalists so persecuted likewise . lastly , the cavaliers conclude as much from the generals countenancing the militia ; being raised and formed to murther , and destroy the army — and that the same thing was done long since in scotland : — besides , the irish army have proceeded answerable to himself . — and divers officers that served the late king have had fair promises from him , — and severall of the kings friends are peaceably returned from exile , &c. — and again ther 's a proviso in the act of dissolution , concerning the lords being a part of the parliament , &c to be short , — the generall encourages the militia to save the countries , not to ruine the army , — next ; if long since done in scotland , the better done , the sooner : for england hath been only rump-ridden , for want of it . to this the conforme motion of ireland , proceeds from their commune commens with england in delivering themselves from the tirunny of the rump , for the generalls promises ; i am glad to hear it , but truly i know nothing of it . in truth 't is a sad businesse , alderman bunce his return , and the proviso in the act of dissolution , ( for certainly by the known law , the lords are no part of the parliament . ) to speak my thoughts freely ; i am very glad to hear that the cavaliers are of opinion , that the king will come in but i beleive it never the more for your saying it . now to the sober presbiterians : they ( says our phanatique ) begin to suspect the generall : for the cavaliers are at this instant arming themselves in all the three nations , &c. — and if charles stuart comes he 'll bring with him arch-bishops bishops , &c. — and then in comes his mother — with her jesuites , priests , &c. — and this will make little difference betwixt us , and the sectaries . now do i dote upon the sincerity of this bubble , had he pretended to religion himselfe ; had been rediculous , but putting that scruple upon the sober presbyterian , 't is well enough . the story of the cavaliers arming themselves , is a phanatique not a presbyterian conceipt , as to the queens bringing in jesuites , &c. it needs not , the independents have enow for her majesty and themselves too . ( how the changeable butterfly flutters from party to party , and whereever he seizes , he stains . ) as to his concluding opinion , that the king will put no difference , he may live yet to change that opinion . he comes next to the armies best friends , ( as he terms them ) and they preach nothing but fire , and sword , if ever the king come . oh this pestilent militia ! alas poor phan. does it bite . away with your improbable lies : the secluded members threaten the army . yes 't is a likely matter . come gentlemen you are safe , if you continue honest , and lost without it . do not you know that these very persons that now flatter you , are the people that have taken your meat out of your mouths ; that have received sufficient for six armies from the nation , and yet have left you monilesse , and ready tu perish for want of bread ? nay suppose their arguments were more rational then they are , and that the king were a person , as famous for cruelty as he is for clemency , you were still safe . you are below the stroke of revenge . they are fearfull for their own heads , and pretend to concern themselves for you . they talk of treachery , in case you should recede from their designs : they tell you of engagements , promises , &c — and so do i . remember but your oaths and covenants , and if you do , you will not mix with them ; they promise you the glory of after-ages : yes you shall be renown'd with flame and hell too , if you engage with th●se desperadoes look back into old stories ; enquire into the different reputation of the brave mayor that kill'd the rebell-patriot , and of the libertine himself that fell ; ( a martyr , your hot headed counsellour would call him ) are you ambitious to be chronicled with jack of leyden , knipper ▪ dolling , cade , tyler , ravillag , baltazar gerard , &c. desire your brainsick illuminates to tell you muncer's story , go to , beware of separating . remember them that cried you take too much upon you ye sons of levi : the congregation is holy every one of them , and the lord is among them . to come a little nearer home . reflect upon the ashes decas'd patrons of their franteck zeal . their very flesh is not more putrid then their memories . come nearer yet , & look impartially among your living partizans ( i speak of such , as our pamphleter stiles patriots ) do not you find them cloth'd with the spoyls of widows , and of orphans ? nay look into their morals , even toward those , that with the losse of bloud , and peace have rais'd them : how thanklesse , and how avaritious are they ? examine now their principles of courage , and their military virtues : do they not sneak into committees , and there , dispose of all the advantages of your vnchristian hazzards ? yov kill the heir , but they possesse the inheritance . having aboundantly perplex'd the minds of his weak brethren , hee 's as intent , now , how to intangle the interests of the nation . the man is willing to do any thing , that may help on the work of undoing all ; and here , hee 's ballancing accompts : — casting up , how many millions will pay the court-debts ; and repair the losses of his majesties friends . for that , i think the next parliament may as well compose the difference , as either he , or i. this only i may say , 't is not the care of the publick which imploys him so much : his sinnes are greater than he can bear . ail this is nothing , compar'd with what he ha's yet to tell you . observe him well , and ask him , how he looks when he lyes ? vpon his knowledge , the militiaes are resolved to cut the souldjours throats in their beds . why does he not discover who they are ? still the bloody th . and th . of february runs in his head ; the villanies of that night , how hardly does he disgest them ! and then , the catalogue of saints , ( the holy-ones of the rump ) that nettles the bumme terribly . that , marques them out for a massacre , he sayes . the worthyes have behaved themselves well the mean while , that call themselves the people . why , at the worst , if the people have a mind to destroy themselves , they cannot begin better than at the rump ; that 's a good way from the heart . now have a care , for i 'll hang you , in a rope of your own twisting . the story of your governour is every bodies tale . i 'll only take the applicable part ; we love the treason but we hate the traytor . 't was you btray'd your countries trust to the army . they love the treason , but they hate the traytour . ( 't is as fit , as if it had been made for you ) now your advice ; which is scarce worth a fee ; for — you propose things impossible ; rendezvoz first , you say : why you phansy ( sure ) that the general is of the plot ; and that his officers are all mad ; and then you propose a confederacy , as 't was at new-market : your little agitators , &c. — phy , phy ! gentlemen , here 's the difference of the case , the nation then , was with the revolted party against the great ones : now ; they 're vnanimously against you ; in any such design . your general is a gentleman , and a souldjer : and every man that is either , ( in the kingdom ) will dye at 's feet : his officers are persons that understand honour , and the discipline of war . there 's not ● man among them , but when he comes to passe a sober thought , upon so base an action as a munity , would rather perish , than promote it . beside ; you are discovered with the first breath that utters the least syllable , tending to a conspiracy . could i believe , the conscience of that traytor that advises you to this , would let him sleep , i should believe his counsel but a dream , 't is so remote from any due coherence of right reason . come ; shall i counsel you a little ? be obedient to your superiors ; compassionate to your country ; just to your equals ; in sine ; serve god , and honour those whom he hath set over you for your good . 't is not the fool 's ●eviling of his betters , that mends your cause , or makes ours worse . there are ( as he saies ) ropes twisting , i believ 't , ( and there the man 's a conjurer ) but they are preparing for such imps as himself . he tells you ; gallows are setting up for the executions of your friends ; ( and he accounts himself one of your friends ) who knows what may come ou 't ? he concludes with a proverb . men armed , are seldome harm'd . take mine too ; and so shall i conclude . save a thief from the gallows , and he 'll cut your throat . april . libido dominandi , causa belli . be it enacted by this present parliament, and by the authority thereof, that this present easter term . be continued to all intents and purposes, as if judges authorized by acts of parliament sate in court. england and wales. parliament. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ *]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e thomason .f. [ *] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ *]) be it enacted by this present parliament, and by the authority thereof, that this present easter term . be continued to all intents and purposes, as if judges authorized by acts of parliament sate in court. england and wales. parliament. sheet ([ ] p.) printed by john field, printer to the parliament. and are to be sold at the seven stars in fleetstreet, over against dunstans church, london : . order to print dated: the th of may . signed: jo. phelpes, clerk of the parliament pro tempore. annotation on thomason copy: "may ". reproduction of the original in the british library. eng england and wales. -- parliament -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ *]). civilwar no be it enacted by this present parliament, and by the authority thereof, that this present easter term . be continued to all intents and england and wales. parliament. a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion be it enacted by this present parliament , and by the authority thereof , that this present easter term . be continued to all intents and purposes , as if iudges authorized by act of parliament sate in court . ordered by the parliament , that this act be forthwith printed and published . passed the th of may . jo . phelpes clerk of the parliament pro tempore . london , printed by john field , printer to the parliament . and are to be sold at the seven stars in fleetstreet , over against dunstans church , . by the parliament. a proclamation for the discovery and apprehending of charls stuart, and other traytors his adherents and abettors. england and wales. parliament. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) by the parliament. a proclamation for the discovery and apprehending of charls stuart, and other traytors his adherents and abettors. england and wales. parliament. sheet ([ ] p.) printed by john field, printer to the parliament of england, london : . order to print dated: wednesday the tenth of september. . signed: hen: scobell, cleric. parliamenti. with engraving of parliamentary seal at head of text. reproduction of the original in the british library. eng charles -- ii, -- king of england, - -- early works to . royalists -- great britain -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no by the parliament. a proclamation for the discovery and apprehending of charls stuart, and other traytors his adherents and abettors. england and wales. parliament. a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion blazon or coat of arms ❧ by the parliament . a proclamation for the discovery and apprehending of charls stvart , and other traytors his adherents and abettors . whereas charls stuart son to the late tyrant , with divers of the english and scotish nation , have lately in a trayterous and hostile maner with an army invaded this nation , which by the blessing of god upon the forces of this commonwealth have been defeated , and many of the chief actors therein slain and taken prisoners ; but the said charls stuart is escaped : for the speedy apprehending of such a malicious and dangerous traytor to the peace of this commonwealth , the parliament doth straightly charge and command all officers , as well civil as military , and all other the good people of this nation , that they make diligent search and enquiry for the said charls stuart , and his abettors and adherents in this invasion , and use their best endeavors for the discovery and arresting the bodies of them and every of them ; and being apprehended , to bring or cause to be brought forthwith and without delay , in safe custody before the parliament or councel of state , to be proceeded with and ordered as iustice shall require ; and if any person shall knowingly conceal the said charls stuart , or any his abettors or adherents , or shall not reveal the places of their abode or being , if it be in their power so to do , the parliament doth declare , that they will hold them as partakers and abettors of their trayterous and wicked practices and designs : and the parliament doth further publish and declare , that whosoever shall apprehend the person of the said charls stuart , and shall bring or cause him to be brought to the parliament or councel of state , shall have given and bestowed on him or them as a reward for such service , the sum of one thousand pounds ; and all officers , civil and military , are required to be aiding and assisting unto such person and persons therein . given at westminster this tenth day of september , one thousand six hundred fifty one . wednesday the tenth of september . . ordered by the parliament , that this proclamation be forthwith printed and published . hen : scobell , cleric . parliamenti . london , printed by john field , printer to the parliament of england . . die jovis, . may . ordered by the lords and commons assembled, that there be a stop and stay of demolishing, or defacing of, or committing waste in the houses and lands, or any of them belonging to the kings majestie that are not sold ... england and wales. parliament. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e d thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) die jovis, . may . ordered by the lords and commons assembled, that there be a stop and stay of demolishing, or defacing of, or committing waste in the houses and lands, or any of them belonging to the kings majestie that are not sold ... england and wales. parliament. sheet ([ ] p.) printed by john macock and francis tyton, printers to the house of lords, london : . title from caption and opening lines of text. "all waste in crown houses or lands to be stopped. no timber or woods to be felled or removed till the king's pleasure is known." -- cf. steele. order to print dated: die veneris, maii, . signed: jo. browne, cleric. parliamentorum. annotation on thomason copy: "may ". reproduction of the original in the british library. eng england and wales. -- sovereign ( - : charles ii) -- early works to . clearing of land -- england -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no die jovis, . may . ordered by the lords and commons assembled, that there be a stop and stay of demolishing, or defacing of, or commit england and wales. parliament. a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion cr diev et mon droit honi soit qvi mal y pense royal blazon or coat of arms die jovis , . may . ordered by the lords and commons in parliament assembled , that there be a stop and stay of demolishing , or defacing of , or committing waste in the houses and lands , or any of them belonging to the kings majestie that are not sold ; and that no timber or woods be felled or cut down off any of the said lands , or any part of any of them ; and that no wood or timber felled and now remaining there , be taken away or removed from the said lands . and this to continue untill the pleasure of the kings majestie be further signified concerning the same ; and all persons whom it may concern are hereby required to yield obedience to this order . die jovis , may . . ordered by the lords in parliament assembled , that this order be forthwith printed and published . jo. browne , cleric . parliamentorum . london , printed by john macock and francis tyton , printers to the house of lords , . die veneris, maii, . upon complaint this day made by the commons, it is ordered by the lords in parliament assembled, that all these persons, viz. ... england and wales. parliament. house of lords. this text is an enriched version of the tcp digital transcription b of text r in the english short title catalog (wing e a). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo b wing e a estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. b ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) die veneris, maii, . upon complaint this day made by the commons, it is ordered by the lords in parliament assembled, that all these persons, viz. ... england and wales. parliament. house of lords. sheet ([ ] p.) re-printed by christopher higgins, in harts close, over against the trone-church, edinbvrgh : . caption title. royal arms with initials c.r. at head of text. some text in black letter. list of names printed in three columns. order to print dated: die veneris, . maii. . signed: jo. brown cleric. parliamentorum. imperfect: stained with slight loss of text. reproduction of the original in the national library of scotland. eng charles -- i, -- king of england, - -- death and burial -- early works to . regicides -- england -- early works to . great britain -- politics and government -- - -- sources. broadsides -- england -- th century. b r (wing e a). civilwar no die veneris, maii, . : upon complaint this day made by the commons, it is ordered by the lords in parliament assembled, that all thes england and wales. parliament. house of lords d the rate of defects per , words puts this text in the d category of texts with between and defects per , words. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion royal blazon or coat of arms c r honi soit qvi mal y pense die veneris , . maii , . upon complaint this day made by the commons in parliament , it is ordered by the lords in parliament assembled , that all these persons , viz. john bradshaw , serjeant at law , president of the pretended high court of iustice . esquires . john lisle , william say , oliver cromwel , henry ireton , sir hardress walter . esqs. valentine walton , thomas harrison , edward whalley , thomas pride , isaac ewers , lord gray of groby . sir john danvers , knight . sir thomas maleverer , baronet . sir john bourcher , knight . william heveningham , esquire . alderman pennington , alderman of london . esqs. william purefoy , henry martin , esqs ; john barkstead , john blackiston , gilbert millington , sir william constable baronet , esqs ; edmond ludlow , john hutchinson , sir mich. livesey , baronet . esqs ; robert tichboune , owen roe robert lil 〈…〉 adrian scroope , richard deane , john okey , john hewson , william goff , cornelius holland , john carey , john jones , miles corbet , francis allinn , peregrine pelham , john moore , john aldred , henry smith , esqs. humphrey edwards , gregory clement , thomas vvoogan , sir gregory norton , knight . esqs : edmond harvy , john venn , thomas scot , thomas andrews , alderman of london . esqs. william cawly , anthony stapley , john downes , thomas horton , thomas hammond , nicholas love , vincent potter , augustine garland , john dixwel , george fleetwood , symon meyne , james temple , peter temple , daniel blagrave , thomas waite , who sate in iudgement upon the late kings majesty when sentence of death was pro●●●nced against him , and the estates both real and personal of all and every the said persons , ●●ether in their own hands , or in the hands of any in trust for their , or any of their vses ) who are 〈◊〉 be forthwith seized and secured ; and the respective sheriffs and other officers whom this 〈◊〉 concern , are to take effectual order accordingly . die veneris , . maii. . ordered by the lords in parliament assembled , that this order and list be forthwith printed and published . jo . brown , cleric . parliamentorum . edinbvrgh , re-printed by christopher higgins 〈…〉 se , over against the trone-church , . a letter of general george monck's, dated at leicester ian. and directed unto mr. rolle to be communicated unto the rest of the gentry of devon: occasioned by a late letter from the gentry of devon dated at execter ian. and sent by mr. bampfield to the speaker to be communicated unto the parliament. read in parliament ian. . albemarle, george monck, duke of, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing a thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) a letter of general george monck's, dated at leicester ian. and directed unto mr. rolle to be communicated unto the rest of the gentry of devon: occasioned by a late letter from the gentry of devon dated at execter ian. and sent by mr. bampfield to the speaker to be communicated unto the parliament. read in parliament ian. . albemarle, george monck, duke of, - . , [ ] p. printed by iohn redmayn in lovels court in pater noster row, london : . signed on p. : george monck. annotation on thomason copy: "jan: . "; the imprint date has been crossed out. reproduction of the original in the british library. eng great britain -- politics and government -- - -- early works to . great britain -- history -- commonwealth and protectorate, - -- early works to . a r (thomason e _ ). civilwar no a letter of general george monck's, dated at leicester ian. and directed unto mr. rolle to be communicated unto the rest of the gentry of albemarle, george monck, duke of a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - pip willcox sampled and proofread - spi global rekeyed and resubmitted - john pas sampled and proofread - john pas text and markup reviewed and edited - pfs batch review (qc) and xml conversion a letter of general george monck's , dated at leicester ian. and directed unto mr. rolle to be communicated unto the rest of the gentry of devon : occasioned by a late letter from the gentry of devon dated at exceter ian. and sent by mr. bampfield to the speaker to be communicated unto the parliament . read in parliament ian. . london , printed by iohn redmayn in levels court in pater noster row . . most honoured and dear friends , meeting with a paper dated at exon the instant , directed to w. lenthal esq speaker of the parliament , and subscribed by divers of my friends and relations , purporting the recalling the members secluded , as the best expedient for establishing these nations upon a foundation of lasting peace . i have taken the boldnesse from my relation to some of you as allyed , and my affectionate respects to all of you as dear friends and countreymen , to represent to your consideration my present apprehensions of the state of affairs here , in order to all our better satisfactions ; wherein i humbly crave your leave of freedome without prejudice . before these unhappy wars the government of these nations was monarchical in church and state : these wars have given birth and growth to several interests both in church and state heretofore not known , though now upon many accounts very considerable , as the presbyterian , independant , anabaptist and sectaries of all sorts as to ecclesiasticks , and the purchasers of the kings , queens , princes , bishops , deans and chapters , and all other forfeited estates , and all those engaged in these wars against the king as to civils . these interests again are so interwoven by purchases and inter-marriages , & thereby forfeited ; as i think upon rational grounds it may be taken for granted , that no goverment can be either good , peacefull or lasting to these nations , that doth not rationally include and comprehend the security and preservation of all the foresaid interests both civil and spiritual , i mean so far as by the word of god they are warranted to be protected & preserved . if this be so , then that government under which we formerly were both in state and church , viz. monarchy , cannot possibly be admitted for the future in these nations , because it's support is taken away , and because it 's exclusive of all the former interests both civil and spiritual , all of them being incompatible with monarchical vniformity in church and state thus expired . that government then that is most able to comprehend and protect all interests as aforesaid must needs be republique . wherefore to me it 's no small doubt , if upon the premises to admit of the members secluded , were not to obstruct our peace and continue our war , rather than establish the one , and end the other ; in that very many of those members assert the monarchical interest , together with the abolition of all lawes made since their seclusion , which i fear upon accompt of self-preservation both of life and estate as well as spiritual liberty , will immediately involve all these nations in most horrid and bloudy war afresh ; the very apprehensions whereof , i confess , i do infinitely dread , and submit the dangerous consequence thereof to your prudent considerations , and the rather , seeing the army also will never endure it . having thus briefly laid before you the present condition of affairs , let me now intreat you to consider whither it were not better to desist from that paper , and submit to the proceedings of this parliament , who have resolved to fill up their house , determin their sitting , & prepare a way for future successions of parliament ; by which means being full , & thereby comprehending the whole interest of these nations , they may through gods mercy & all our patiences establish such a government in the way of a common-wealth as may be comprehensive of all interests both spiritual and civil , to the glory of god and the weale and peace of the whole . but if by your impatiencies they be obstructed , our peace will be so much the longer a stranger to us , and we thereby a prey to ourselves and all forreign enemies . wherefore humbly pressing these upon your serious considerations with all the friendly and affectionate respects and service to you all , i remain dearest friends your very humble and affectionate servant , george monck . leicester , . ian. . for the honoured robert rolles esq to be communica-to the gentlemen of devonshire , who signed the late letter to the speaker of the part of the commonwealth of england . two letters from vice-admiral john lavvson, the one to the right honourable, the lord mayor of the city of london; to be communicated to the court of aldermen, and common-council of the said city. the other, to the honorable the commissioners for the militia of the city of london. dated december the . . lawson, john, sir, d. . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing l thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) two letters from vice-admiral john lavvson, the one to the right honourable, the lord mayor of the city of london; to be communicated to the court of aldermen, and common-council of the said city. the other, to the honorable the commissioners for the militia of the city of london. dated december the . . lawson, john, sir, d. . sheet ([ ] p.) s.n., [london : ] imprint from wing. expressing his confidence in them and the willingness of the navy to assist them. annotation on thomason copy: "xber [i.e., december]. ". reproduction of the original in the british library. eng corporation of london (england) -- lord mayor -- early works to . corporation of london (england) -- court of common council -- early works to . corporation of london (england) -- committee for the militia -- early works to . england and wales. -- royal navy -- early works to . great britain -- politics and government -- - -- early works to . london (england) -- history -- th century -- early works to . a r (thomason .f. [ ]). civilwar no two letters from vice-admiral john lavvson, the one, to the right honourable, the lord mayor of the city of london; to be communicated to th lawson, john, sir c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion two letters from vice-admiral john lavvson , the one , to the right honourable , the lord mayor of the city of london ; to be communicated to the court of aldermen , and common-council of the said city . the other , to the honorable the commissioners for the militia of the city of london . dated december the . . my lord , vvhen alderman fook , and the other two worthy gentlemen commissioners were here from your lordships court of aldermen , and common council , the th instant , they acquainted me , and the officers present , with what they had in their instructions ; and also propounded , that we would appoint some number , to joyn with the like number , in the behalf of the city , telling us , that the like proportion was sent to portsmouth for an equal number in the behalf of the army ; and that these commissioners in beha●f of army , city , and navie , might advise together , consider and agree of some things to be offered to the parliament , in order to the settlement of the government of the nation ; unto which we promised to return you answer by some of our own within few days , which we give as followeth , that the parliament being now returned to the exercise and discharge of their trust and authority , we are bound by duty , as we are servants to them and the commonwealth , to yield obedience to them , and to acquiesce in the judgment of parliament , as to government . and as we have publiquely disclaimed the interest of charles stuart , and all his adherents , or any interest that shall adde thereunto ; so we humbly apprehend , if your lordships court of aldermen , and common council , improve your authority in the government of the city against charls stuarts party , by a total , absolute , and publike disowning and discounterancing of them , and joyn with us in a due submission to the parliament , it would be a great demonstration of your affections , and adde much to the strengthning their hands in the settling of the peace of these nations , and abating the taxes and burthens of the people , and advancing the trade of your city in particular , and the nation in general ; and in these things , through the lords assistance , we shall contribute our utmost endeavours . i remain , my lord , your very humble servant , john lawson . james off gravesend , . decemb. . vice-admiral lawsons letter to the commissioners of the militia of london . gentelmen , i received yours of the th instant by these four gentlemen my worthy friends , and therein cannot but take notice of your great respect both in your letter , as also by the gentlemen , and do rejoyce at your chearfulness and forwardnesse in helping to carry on the work of god , in securing his cause , the interest of christ and his people in their civil and religious concernments , and doubt not of your persisting therein : and i trust the lord will crown yours and others endeavours with good and comfortable issues ; amongst whom , my self and officers here shall be found ready to contribute to the utmost of our capacities ; and if in any thing we may adde to your assistance , you may be very confident of our forwardness : i have not further , but what these gentlemen will acquaint you withall , and that i am james off gravesend , . of decem. . your assured loving friend and servant , john lawson . an act and declaration of the parliament of england touching a pamphlet, entituled, a declaration by the kings majesty, to his subjects of the kingdoms of scotland, england and ireland. printed at edinburgh, . england and wales. parliament. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing e thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) an act and declaration of the parliament of england touching a pamphlet, entituled, a declaration by the kings majesty, to his subjects of the kingdoms of scotland, england and ireland. printed at edinburgh, . england and wales. parliament. sheet ([ ] p.) printed by edward husband and john field, printers to the parliament of england, london : . banning the work by charles ii. order to print signed: hen: scobell, cleric. parliamenti. reproduction of the original in the british library. eng charles -- ii, -- king of england, - . -- declaration by the kings majesty, to his subjects of the kingdoms of scotland, england, and ireland -- early works to . prohibited books -- england -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no an act and declaration of the parliament of england, touching a pamphlet, entituled, a declaration by the kings majesty, to his subjects of england and wales. parliament. a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion blazon or coat of arms incorporating the commonwealth flag ( - ) an act and declaration of the parliament of england , touching a pamphlet , entituled , a declaration by the kings majesty , to his subjects of the kingdoms of scotland , england and ireland . printed at edinburgh , . the parliament of england having seen and read a pamphlet , entituled , a declaration by the kings majesty , to his subjects of the kingdoms of scotland , england and ireland , printed at edinburgh , . do finde therein a design of charls stuart , the declared king of scotland , by the instigation of the state and kirk of that kingdom , under a pretence of humiliation for his own and his fathers opposition to the work of reformation , and solemn league and covenant , to seduce the people of this nation from their due obedience to this present government ; and to invite them , by promoting his pretended interest here , not onely to embroil this nation in new troubles , by a bloody and intestine war ; thereby , as much as in them lies , taking away all hopes of a setled peace in this commonwealth , but also to make themselves instrumental to inthral themselves again in tyranny and slavery , from which they have been , through the blessing and glorious appearances of god , so happily redeemed . and however the parliament have reason to believe , that no pious or judicious person can possibly be deluded under such gross deceits , to contribute such an assistance as in that declaration is called for , and which would most undoubtedly end ( if the lord prevent not ) in the destruction of the truly godly in both nations , and the betraying of that cause that hath been engaged in by them : nevertheless , they have resolved , for the better information and satisfaction of the people of this land , more largely and particularly to vnmask , and discover the hypocrisie and wicked design lodged under the specious pretences in that declaration : and in the mean time , do enact and declare , that all and every person and persons whatsoever , who shall abet or countenance the said declaration , by printing or publishing the same , or by promoting or prosecuting the design or ends therein contained , is , and are hereby adjudged and declared to be guilty of high treason , and shall be proceeded against as traytors . die mercurii , o augusti , . ordered by the parliament , that this act and declaration be forthwith printed and published . hen : scobell , cleric . parliamenti . london , printed by edward husband and john field , printers to the parliament of england . . to the right honorable the lords assembled in parliament the humble petition of sir john gayer knight and alderman of london; sheweth, ... gayer, john, sir, d. . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing g thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) to the right honorable the lords assembled in parliament the humble petition of sir john gayer knight and alderman of london; sheweth, ... gayer, john, sir, d. . sheet ([ ] p.) s.n., [london : ] imprint from wing. title from caption and first word of text. annotation on thomason copy: "aprill th. presented to ye lords by himselfe but refused". reproduction of the original in the british library. eng detention of persons -- england -- early works to . due process of law -- great britain -- early works to . great britain -- history -- civil war, - -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no to the right honorable the lords assembled in parliament: the humble petition of sir john gayer knight and alderman of london; sheweth, ... gayer, john, sir a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion to the right honorable the lords assembled in parliament : the humble petition of sir john gayer knight and alderman of london ; sheweth , that by the chapter of the great charter , all commoners are to be tryed by their equals ; and there are sessions of parliament which confirm the great charter , being a statute declaratory of the common law ; especially those eminent laws , wherein your lordships had your shares in making of them , viz. the petition of right in the o caroli , and the act for abolishing the star-chamber , and regulating the councel table , in the . caroli , in which many statutes are enumerated , that commoners ought to be tryed by their equals , by bill of indictment or writ original , and by those of their neighbourhood ; and all decrees and judgments made contrary thereunto , are declared thereby to be null and void in law , which bars al presidents : and by several declarations and ordinances your lordships have declared , that ordinances are no laws , but temporary , during the wars ; and the cause of necessity being taken away , your lordships have promised the free people of england , that they shall be governed according to the known laws of the land , as it appears in the ordinance dated the of january , . and it is against the law of god , nature and nations , that any person or persons should be judg or judges , examiner or examiners in their own cause , or to be tryed any otherwise then by a known law , for where there is no law there is no transgression . it is declared by sir edward cook that the parliament cannot make a law against the law of nature , which is custom according to right and necessary reason . that presidents are nothing in comparison of the common , and statute laws , being known maximes in law , a facto ad jus non valet argumentum ; gubernandum est legibus non exemplis : articles are nothing in law but meer innovations and prerogative extrajudicials , especially when ordinary persons are in question . the old maxime in law is , non recurrendum est ad extraordinaria quando fieri potest per ordinaria . and your lordships are not only sworn , but have joyned by your legislative power to impose several oaths upon the free commoners of england , to defend the fundamentall laws of the land . and i am confident your lordships will be very tender of the preservation of the great charter , in which is wrapped up our lives , liberties and estates . your noble predecessors being so glorious and famous instruments in assisting the people , in purchasing the same . the premises considered ; your petitioner being a free commoner of england , according to the known laws of the land ( de jure ) claims his birth-right , which is to be tryed by god and his country , in his majesties court of iustice , by the sworn iudges of the law , and a iury of his equals of his own neighbourhood , where the pretended fact was done , the courts of iustice being open . and your petitioner shall pray , &c. aprill th . presented to ye lords by him selfe but refused — upon report from the lords committees appointed to consider of the priviledges of the peers of parliament it is ordered and declared by the lords spirtual and temporal in parliament assembled, that all protections that have been granted to any persons who are not now their lordships menial servants, or persons necessarily employed about their estates, are void and of none effect ... england and wales. parliament. house of lords. approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing e estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) upon report from the lords committees appointed to consider of the priviledges of the peers of parliament it is ordered and declared by the lords spirtual and temporal in parliament assembled, that all protections that have been granted to any persons who are not now their lordships menial servants, or persons necessarily employed about their estates, are void and of none effect ... england and wales. parliament. house of lords. broadside. printed by john bill and christoper barker ..., london : . title from first lines of text. at head of title: die martis ̊decemb. . "die martis ̊decemb. . ordered by the lords spiritual and temporal in parliament assembled, that this order and declaration be forthwith printed and published. jo. browne cleric' parliamentorum." reproduction of original in the harvard university library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng great britain -- history -- charles ii, - . great britain -- politics and government -- - . - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion royal blazon or coat of arms c r honi soit qvi mal y pense diev et mon droit die martis o decemb. . upon report from the lords committees appointed to consider of the priviledges of the peers of parliament , it is ordered and declared by the lords spiritual and temporal in parliament assembled , that all protections that have been granted to any persons who are not now their lordships menial servants , or persons necessarily employed about their estates , are void and of none effect ; and that all persons who have presumed , or shall presume to counterfeit the protection of any peer of this realm , shall be severely punished . die martis o decemb. . ordered by the lords spiritual and temporal in parliament assembled , that this order and declaration be forthwith printed and published . jo. brovvne cleric ' parliamentorum . london , printed by john bill and christopher barker , printers to the king' 's most excellent majesty , . a lamentation over england and faithful warning to the inhabitants thereof by william bingley. bingley, william, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing b estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a lamentation over england and faithful warning to the inhabitants thereof by william bingley. bingley, william, - . p. printed and sold by andrew sowle, london : . reproduction of original in the harvard university library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng great britain -- history -- restoration, - . great britain -- politics and government -- - . - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - ali jakobson sampled and proofread - ali jakobson text and markup reviewed and edited - pfs batch review (qc) and xml conversion a lamentation over england and faithful warning to the inhabitants thereof . by william bingley . amos . . and i will turn your feasts into mourning , and all your songs into lamentation ; i will bring up sack-cloth upon all loyns , and baldness upon every head , and i will make it as the mourning of an only son , and the end thereof as a bitter day . jer. . . to whom shall i speak and give warning , that they may hear ? behold , their ear is vncircumcised , and they cannot hearken ; behold , the word of the lord is unto them a reproach , they have no delight in it , &c. london : printed and sold by andrew sowle at the sign of the crooked-billet in holloway-lane in shoreditch , . first , a lamentation over england , and the dominions thereunto belonging , with a faithful warning to the inhabitants thereof , to cease from the evil of their doings , and to turn unto the lord by speedy repentance , that so they may escape the dreadful judgments of almighty god , which are threatned and ready to be executed upon them , because of the crying sins that do abound in nations . secondly , a warning to the rulers and magistrates ( in particular ) to leave off persecuting and afflicting the innocent ; and to amend their lives and conversations , and set up justice and execute true judgment among the people , lest god plead with them in his anger , and consume them in his sore displeasure . thirdly , an expostulation with the clergy of the aforesaid dominions , whereby they are discovered not to be in the steps , lives and practices of the prophets of god , true ministers of christ , but of the false prophets , and of antichrist . fourthly , a warning to those among them , whose day of mercy is not over , to repent of these their wicked and antichristian practices , whereby they deceive the people , or else the lord will make them a hissing and a reproach to the nations , and their memorial a stink to generations to come , &c. a lamentation over england , and the dominions thereunto belonging . oh england ! england ! the land of my nativity , for whom my soul hath often mourned , and at this time mourns before the lord , and my spirit is grieved within me , to behold so much wickedness , vngodliness , oppression , and abomination as at this day abounds in thee ! a nation to whom god almighty hath signally appeared , and been at work in by his mighty arm and divine power ; and the proffers of love and mercy from the god of mercies have been to thee , and the lord hath long waited to be gracious and merciful to thee , and hath extended one visitation after another unto thee , and hath many a time sought thy inhabitants in tender yearning bowels of love. but notwithstanding all these mercies , and tender dealings of the lord with you the inhabitants of england , how have you continued in your sins and transgressions against the lord , that hath thus sought your return to him , that he might have mercy on you ! and when intreatings and yearning bowels would not draw nor prevail upon you ( to restrain you from your evil courses , and to bring you to amendment of life ) he hath threatned judgment , and also many times executed it upon thy inhabitants , o england ! and hath shewed his displeasure against you many a time : but neither mercy nor judgment , smiles nor threats have taken place among many of thy rebellious and gain-saying inhabitants . for though the lord hath often intreated , and his arm of everlasting mercies have been stretched out to you , as it was to israel of old ; and as they rebelled against the lord , who would have gathered them , even so have you refused to hearken to him , and to forsake the evil of your wayes , and to turn to the lord god , who would have saved you from the wrath and fierce vengeance that is coming upon the rebellious . and though he hath pleaded with you in judgment , and hath manifested his displeasure and wrath in the midst of thy inhabitants , ( though alwayes mixed with mercy ) and shewed them that he can do whatsoever he will ; for who can withstand him in his great power ? seeing the nations are but as the drop of a bucket before him , and as the small dust in the ballance ; for he hath overturned on one hand , and overturned on the other hand , in the sight of many of you who are yet alive ; and hath brought down the mighty from their seats ( who exalted themselves against the lord , and against the innocent ) and hath exalted them of low degree ; and when they did not answer the end , for which the lord god appeared on their behalf , but rebelled against the living god , who had scattered their enemies before them , the hand of the lord also turned against them , and confounded them , and broke and scattered them , and hath blown them away with the breath of his mouth , as the chaff of the summer-threshing-floor . and yet all these revolutions and overturnings , which the lord hath brought to pass in the sight of many of you the inhabitants of england , and his pleadings with you in judgment , time after time with sword , with pestilence and fire , and many other dreadful judgments , which have been both threatned and executed in a dreadful manner ; yet have not many of thy inhabitants bowed themselves to the lord , who hath thus appeared , nor feared before this dreadful god , who will be revealed in flames of fire , taking vengeance on the rebellious and gain-sayers of the gospel of his son ; but have grieved and provoked him by your wickedness and ungodliness from day to day . and when the lord hath sent his servants and messengers to you , who have faithfully reproved sin in the gate , and where-ever it appeared ; and have cryed unto you , to break off from your sins and transgressions by true repentance and godly sorrow , for your sins , and to amend your lives and conversations , and to turn to god with all your hearts , and to put away the evil of your doings from before the eyes of the lord , and to cease to do evil , and learn to do well ; that so the lord ( according to his promise ) might have blotted out your sins , and remembred your transgressions no more , that rest and peace with the everlasting god might have been known to your immortal souls forever and ever . but all these labours of love , and yearning bowels , with which you have been sought both by the lord , and also by his servants ( who have risen early , and travelled with their lives in their hands , & have earnestly desired your turning to the lord ) have been slighted , and set at nought by you : neither have you turned from the evil of your wayes at all , but like jerusalem of old , ( whom the lord would have gathered ) have rejected the reproofs of the spirit and grace of god in your selves , and are doing despight to the spirit of grace , by which you should have been both sanctified , and also sealed to the day of redemption ; and also rejecting the instructions , reproofs and warnings , which by the faithful servants of the lord have been sounded in your ears ; instead of hearkening thereunto , you have evilly intreated them with whipping , stocking , stoning , spoiling of their goods , to the ruining of many families , imprisoning some to death , and banishing others ; with many other gross and horrid abuses , wherewith you have entreated the servants of the lord , for no other cause than for the exercise of their consciences towards god , and reproving you for your sins , and crying to you for amendment of life ; which bespeaks you to be a people that hate righteousness , and love iniquity , chusing your own vanities , and slighting the tender mercies of the lord god , treasuring up to your selves wrath against the day of wrath ; and so are bringing swift destruction and misery upon your selves . oh! my soul mourns in the sight and sence of that dreadful day which is coming upon you , for your transgressions and rebellion against the living god , and for your thus abusing and shamefully entreating them , who have been sent unto you by the lord , who sought nothing but the good and everlasting peace of your immortal souls . but none of these things have prevailed upon many of thy inhabitants , o england ! to soften your hard hearts , and to tender them before the lord. for instead of ceasing from your sins and abominations ( which abound amongst many of you ) by true repentance and amendment of your lives and conversations , and turning to the lord , who hath cryed to you many a time , saying , turn you , turn you , why will you dye ? ( as he did to israel of old ) but you have stopped your ears as they did , who were compared to the deaf adder that would not hear the voice of the charmer , charming never so wisely ; and so continuing still in your abominations ( which the lord would have gathered you from , had you obey'd his voice ) manifold sins and wickedness encrease amongst you , as swearing , cursing , damning , revelling , drunkenness , whoredoms and murders , with many other gross and shameful impieties ; yea , almost all manner of wickedness , rebellion and treachery , both against god and man , abounds amongst many of you the inhabitants of england , for which god will bring judgment & sorrow upon you , yea , such sorrow as shall never have an end , except you speedily repent . and those that can act these horrid wickednesses and crying sins ( which indeed make the land mourn ) without fear or shame , as if they did not consider that there is a god , who will punish for them , are they not most esteemed and set up amongst many of you now a days ? and so that is seen to increase amongst many of you the inhabitants of england ( to the grief and sorrow of the hearts of many ) which the prophet saw , and concerning which he cryed out of old , saying , the proud are counted happy , yea , they that work wickedness are even set up , and they that tempt god are even delivered , mal. . . but let all such know , who are guilty of these evils , your everlasting thraldom and eternal misery is coming on , and will overtake you , ( if ye speedily repent not ) out of which you shall never be delivered . and such as cannot run with the multitude into those evils and abominations which provoke the lord god of heaven and earth to anger , but live in the fear of god , and a life becoming christianity , as knowing they must give an account ( and so must all the sons and daughters of men ) to god the judge of all , both quick and dead , and must receive a reward at his hand , according to their doings , whether they be good or evil , and so cannot rush into iniquity with them , as the horse rusheth into battel , are become a prey to the ungodly , and as objects of scorn and derision , on whom the wicked and the ungodly execute their cruelty and grievous oppression ; yea , godliness and piety is so little regarded amongst many who profess christianity , that a sober life and a godly conversation is become a derision ; its crime enough now a days among many , for a man to have a civil carriage and a sober behaviour ( and to walk as one who fears the lord ) to be scoffed at and vilified with reproachful names , as he passeth through town or city . so that wickedness and debauchery , looseness and prophanness is encouraged and abounds , virtue and sobriety are discouraged and decryed among many of you the inhabitants of england . for we see many of you are living and spending your days here in this world , in those things which are so contrary to christianity , purity and holiness ( without which none shall see the lord ) as if there were no such thing to be known or minded by you : and all those holy admonitions in the scriptures of truth , and the threatnings of punishment and eternal sorrow to the wicked and ungodly , which the scriptures are full of ( if timely repentance be not known ) are slighted and disregarded by you , as if they should never be fulfilled nor executed upon you . and these are the practices that have been and yet are found amongst you , encouraged and upheld by you to this day , against an innocent and harmless people , whom god almighty hath gathered and chosen out of the world , the ways and abominations thereof , to be a peculiar people to himself , zealous of good works , who have always sought the good and peace of the nation , and the abounding of justice and equity therein , and have often entreated the lord , and supplicated god on your behalf , that he would not break in upon you , the inhabitants of england , by his fierce wrath and sore displeasure , lest he should consume you all at once , for your sins and transgressions against him , who hath tendred salvation , but you refused it . and many have laboured faithfully among you , to turn you from darkness to the light of christ ( which now shines , blessed be the lord forever ) and from satans power ( by which you have been , and yet are captivated and prevailed upon to work iniquity with greediness ) to the power of god , which would have redeemed out of that slavery and captivity , into the glorious liberty and freedom of the sons of god , had there been obedience and subjection yielded to it . but this also hath been slighted and set at nought by many of you : and those who have thus laboured and travelled among you for your good , you have rewarded with stocking , stoning and imprisonments , with many other gross and horrid abuses , as jerusalem did of old them that were sent to her : and instead of turning to christ , the true light , that enlightens every man that cometh into the world , john . you have made a scorn and a derision of it , and have loved darkness rather than the light , ( which manifests to you the wickedness of your evil hearts , and the abominations that have lodged there ) because there deeds are evil , john . , . and so have hated the blessed light that doth reprove for sin , loving your sins , for which you have been reproved , better than the light who hath reproved you . and so have manifested your selves to be such as the apostle spoke of , lovers of your own pleasures , proud , blasphemers , disobedient to parents , vnthankful , vnholy , without natural affection , truce-breakers , false accusers , incontient , fierce , despisers of those that are good , treacherous , heady , high-minded , lovers of pleasure more than lovers of god , &c. tim. . , , . and in these evils above-mentioned , you are satisfying your own hearts lusts , living in all manner of voluptuousness , pride , vain glory , and forgetfulness of god , and so are guilty of those sins which israel of old were guilty of , who sate down ( in forgetfulness of god ) to eat and to drink , and rose up to play , exod. . . and this is the state of too many of you the inhabitants of england , both priests and people , for which the wrath of almighty god is kindled against you , and his sore displeasure is nigh to break forth upon you , in which he will trample you under his feet , and appoint you your portion in the lake of perdition forever , if you repent not , and that speedily . oh england ! england ! how many warnings have thy inhabitants had ? and how long hath the lord strove with you ? both by his servants , and also by the many signal tokens that have appeared of his displeasure amongst you ? yet none of those things have prevailed upon you to turn from the evil of your wayes ; but you have hardened your hearts , and stiffened your necks in your wickedness and rebellion against god ( though he has long waited to be gracious to you ) for which god will bring everlasting misery and sorrow upon you , if ye continue in these evils which have abounded , and yet abound among you . for although the apostle saith expresly , know you not that the vnrighteous shall not inherit the kingdom of god ? be not deceived , neither fornicators , nor idolaters , nor drunkards , nor revilers , &c. shall inherit the kingdom of god , cor. . , . and notwithstanding these testimonies which are certainly true , and will be fulfilled upon all the ungodly : how many are living in these very evils ! as whoredoms , drunkenness , revilings , with many other crying sins , which are expresly forbidden ; yet you continue in them , as if all those judgments and torments threatned in the scriptures of truth against the wicked , were but meer fictions . and so you go on in your wickedness and ungodliness , as if there were neither punishment nor torment to the wicked , and as if there were neither god nor devil , heaven nor hell. but let all such know , that the dreadful god of heaven and earth , that rained fire and brimstone upon sodom and gomorrah of old , that punished the wicked in every age , ( who hath promised , and will perform it ) though the wicked joyn hand in hand , they shall not go unpunished ; but he will render the recompence and reward of your own doings into your bosoms ; and if you do not turn to him while he strives with you , ye shall feel the weight of his avenging hand and iron rod , with which he will dash the rebellious nations to pieces like a potters vessel . and now my soul desires that you may turn from your evil courses , and no longer continue in your exaltedness of mind and heart , and in your wickedness and ungodliness , lest you be brought down and turned into hell , with all nations that forget god , psal . . . to be tormented with the devil and his angels forever and evermore . for the lord hath often waited to be gracious unto you , and hath born with you , though you have greatly provoked him , yet his patience has lasted long ; and he hath held forth a hand of love to many , who have taken no notice of it : but now his patience is almost worn out , and his long suffering well nigh come to an end ; yea , i am afraid it s come to an end already to many of you , the inhabitants of england , and his indignation is kindled , and burns hot against you , who have refused to hearken to him , who hath called you time after time , and is nigh to break forth like a devouring fire ; and before him the wicked shall be as hay , and as stubble : whom god will consume , and will leave them neither root nor branch . for behold , the cry of your iniquities hath reached unto heaven , and your sins have come up before the lord , and into remembrance with our god ; and the day wherein he will ease him of his adversaries , and avenge him of his enemies maketh haste , wherein he will pour out his wrath , indignation and judgment upon you , the inhabitants of england ( that continue in your gain-saying and rebellion against god ) without any mixture of mercy . oh! you my native country men and people of england ( in general ) for whom a travail is upon my spirit at present , and hath been many a time , that you might be prevailed upon ( whose day of mercy is not yet ended and over , whom the shadow of death and the night is not yet wholly spread ) to consider your latter end , before it be too late ; and to turn from your sins and transgressions , your haughtiness , pride and vain glory , and your abusing your selves with those things which god hath extended as mercies unto you , viz. your wasting , abusing and spending the good creatures of god to satisfie your lusts , which hath highly displeased the lord , and provoked him to anger . and that you may all come to learn that blessed lesson , which the holy men of old learned , who were taught by the grace and spirit of god , ( a measure whereof is given to every man to profit withal , cor. . . ) which was , that denying vngodliness , and worldly lusts , they might live soberly , righteously and godlily in the present evil world , tit. . , . which all that ever come to inherit rest and peace with god , and to have a habitation in his holy kingdom of everlasting joy , must be found living in , and to cry to god in a sence of your miserable state and deplorable condition , while the ear of his tender mercy is open to hear you , lest such a day come upon and overtake you , as was threatned to a people of old , wherein you may cry , and the lord will not hear you ; ( because you have not hearkened to him , when he called ) you may call , and he will not answer ; but will laugh at your calamity , and mock when your fear cometh . but that this day may never overtake you , to whom the visitation of god is yet continued , is the hearty desire and prayer of my soul to god for you : therefore turn to god with all your hearts , while his arms of tender mercy are open to receive you ; and triffle not away your precious time that yet remains , lest by so doing , you bring the sentence of an eternal exclusion upon your selves from god , and the joy of his kingdom forever and ever . and , oh that a true desire were begotten in all your hearts and minds , to come to that blessed fountain of god's free love , which he hath opened for all who are willing to come to it , the virtue whereof purgeth the souls of all that wash in it , from sin and uncleanness , and so sprinkles the conscience from death , and dead works , to serve the living god in newness and purity of a holy life . and now , oh that you all may be willing to take that good counsel , which was given by the lord to a people of old , when he said by the mouth of his prophet , wash you , make you clean , put away from before me the evil of your doings ; cease to do evil , and learn to do well ; seek judgment , relieve the oppressed , judge the fatherless , plead for the widdow : come now , let us reason together , saith the lord ; though your sins be as scarlet , they shall be as white as snow ; though they be red as crimson , they shall be as wool : if you be willing and obedient , you shall eat the good of the land , &c. isa . . , , , . these are the precious promises of god to all who are willing to forsake the evil of their doings , and to turn to him with all their hearts , who desires not the death ( or destruction ) of any , but rather that they may repent , and live . and again , the good counsel and advice of the holy apostle ought to be minded and observed by you all , which is on this wise , cleanse your hands ye sinners , purifie your hearts ye double-minded ; be afflicted , and mourn , and weep ; let your laughter be turned into mourning , and your joy into heaviness : humble your selves in the sight of the lord , and he shall lift you up , james . , , . and unless you thus humble your selves under the mighty hand of god , and turn to the lord , and forsake your sinful wayes and evil courses , and wait to know a being washed in the blood of jesus christ ( which cleanseth from all sin ) that is the fountain of god's free and great love opened unto all mankind , you can never come to have a place in the rest which god hath prepared , nor in that kingdom of eternal glory , which remains sure to the righteous forever . now the lord knows ( who searches the hearts , and tryeth the reigns of all , from whose all-seeing eye nothing can be hid ) that i labour for , and seek nothing more , than your turning to the lord with broken , tender and penitent hearts , that you may find mercy with god to your immortal souls ; and that while you have dayes here in this world , you may so live in his fear , wisdom and counsel , as that when-ever your latter end cometh , and death looks you in the face , and summons you before the righteous judge of heaven and earth , you may lay down your heads , and go to your graves in peace with god , and in a full assurance of a habitation in that eternal joy , where no sorrow nor sighing shall ever come . these are the desires and earnest breathings of him , whose soul hath often been wounded , and his spirit grieved , in the hearing and beholding the wickedness and abominations which have abounded , and yet do abound amongst many unto this very day ; and also hath mourned , and been bowed before the lord , in the sight and sence of that dreadful day , which will certainly overtake and come upon all those , who continue in their wickedness and rebellion against god. w. b. a vvarning to the rulers and magistrates , &c. and now all ye rulers , magistrates , and men in authority in england , and the dominions thereunto belonging , the lord god of heaven and earth ( in whom power and authority remains forever , to pull down , and set up whomsoever he pleaseth ) is highly displeased with many of you , ( not exempting the wicked and oppressive rulers through the whole world ) because you have not feared before his eternal power and majesty , by whom the life , breath and beeing of all mankind , and every living creature is continued , who can take it away , and bring the highest and loftiest of mortal men to the dust ( from whence they come ) at his pleasure . neither have you waited to receive wisdom and counsel from him , the great counsellour , to act and to discharge your selves as you ought to have done , in so great affairs and weighty concerns as you have undertaken ; which if you had done , ye would have encouraged virtue and righteousness in all , and punished vice and wickedness , where-ever it appeared , and have been a terror to evil-doers , and a praise to them that were found doing well ; and so would have eased the oppressed , by breaking the bonds of oppression , and executed justice and equity in the earth , and thereby truth and holiness , purity and righteousness would have been exalted among you ; and this would have brought peace and lasting satisfaction into your own hearts , and joy and tranquillity to the nation in general . but have not many of you done and acted to the contrary ? for instead of punishing debauchery and wickedness , viz. swearing , cursing , drunkenness , whoredoms , looseness and prophanness in others , ( which you ought to have done , and to have been good examples of purity and holiness in your lives and conversations to all ) are not many of you your selves living and taking delight and pleasure in the above-mentioned evils , and gross abominations ? for which god , the righteous judge of heaven and earth ( who will not be byassed with rewards ) will punish with everlasting pain , and eternal flames , if there be a continuing in them . and many of you , by your bad lives and conversations , ( others having taken you for examples ) have you not encouraged them in their wickedness ? is not that the cause which maketh ungodliness abound ? as it doth among many at this day , to the grief and sorrow of many , who have truly desired to see the current of iniquity stopt . and whether have you set up judgment and justice as you ought to have done ? or executed it upon the transgressors , or eased the oppressed , or broken the bonds of oppression , and have been a terror to the evil-doers , and encouragers of them that do well ? but have not many of you punished and oppressed the innocent , and have executed your cruelty upon them , and have let the transgressors and the wicked go free ? and so are not such found in the steps of those against whom the prophet of the lord cryed out of old , saying ; your hands are defiled with blood , your fingers with iniquity , your lips have spoken lyes , your tongues muttred perverseness ; none calleth for justice , nor any pleadeth for truth : they trust in vanity , and speak lyes ; they conceive mischief , and bring forth iniquity ; their works are works of iniquity ; the act of violence is in their hands ; their feet run to evil ; they make haste to shed innocent blood ; wasting and destruction are in their paths ; the way of peace they know not , and there is no judgment in their goings ; they have made them crooked paths , whosoever goeth therein , shall not know peace ; and judgment is turned away backward , and justice standeth a far off ; for truth is fallen in the streets , and equity cannot enter ; yea , truth falleth , and he that departeth from evil maketh himself a prey ; and the lord saw it , and it displeased him that there was no judgment , isa . . , , & , , , , . and have not many or most of these wickednesses been acted amongst many of you the rulers & magistrates of england , and the dominions thereunto belonging ? and have not many devised mischief and oppression against an innocent people , that have done no wrong nor harm to any of you , nor to the nation in general ; but have sought the good and everlasting wellfare of the sons and daughters of men every where ? and have not cruel laws been made against them ? and have they not been ( with many other laws which were never made or intended against us ) executed upon us , with cruelty and severity ( though the breach of no just law can be charged upon us ) to the ruin , spoiling and exposing many families to poverty , which were capable of relieving and assisting others ? and are not these cruelties and unrighteous practices upheld and continued ? so that at this very day , many undergo great hardships , abuses and cruel usages , for no other cause that can justly be laid to their charge , than for keeping their consciences clear in the sight of god , for worshipping him according to his holy requirings , and for reproving sin in the gate , and crying to people , to leave off their wickedness , pride , drunkenness , whoredoms , cursing and swearing , with many other gross abominations which abound too much among many , both rulers priests and people ; for which god almighty is angry with this nation , and will bring his dreadful judgments on all those that continue therein . and the cry that hath run through many in this day , to rulers priests and people , hath been , to break off from the above-mentioned evils by true repentance , and by amendment of their lives and conversations , while the day of mercy lasteth to them , and to fear the living god , that they might serve him in truth and righteousness ; and this is that which we have sought or desired ( even to see this change wrought in all ) in our labours and travails , for which we have this reward of oppression , cruelty , spoiling of goods and imprisonments , with many other great , inhumane and unchristian-like abuses , which our innocent sufferings for many years , and unto this very day ( which at this time is very great ) may plainly shew ; though alwayes without any just cause given on our parts ; for none can justly charge us with plotting and contriving , rebellion or insurrections against the king or the government or peace of the nation . but we have always sought the good and everlasting happiness of all , yea , of our enemies themselves , though many times shamefully abused by them , both in body and goods ; and the good and wellfare of the rulers and magistrates of england , though many of you have imprisoned many of us ( time after time ) some in nasty holes till death , and others to the ruining of their familes ( as to outward things ) because they could not wrong nor offer violence to their own consciences . and when authority hath been given to wicked , ungodly , prophane , and unreasonable men , to make spoil of their ●oods ( who were sure to have one part of the spoil themselves ) they have not only made havock and great spoil thereof , but have taken liberty ( if they had not power given them ) grosly to abuse their bodies also , by hailing and beating them , &c. and all these vnrighteous , vnjust dealings and proceedings have been patiently born ( only a cry hath been in our hearts to the lord , that he would open their vnderstandings , and let them see what they were doing ( that so they might repent and ●ind mercy with god ) without seeking revenge , as knowing vengeance is the lords , and he will repay ; committing our cause to god , who will plead the cause of the innocent . and that this has been our practice , it is not unknown to many of you . so , i desire you magistrates ( who have been most concerned in persecuting of us ) may consider those cruelties and oppressions which have been inflicted upon us ; and how there hath been no just cause on our parts for it : for what plots have we contrived ? what disturbance have we made to the government ? have we not always been an innocent , suffering people ? look back at our lives and conversations , ever since we were a people ( in scorn ) called quakers ; and at our carriage and behaviour towards all men : and also , take a view of your dealings with us , and what hath been inflicted upon us ; and you may see whether we have justly deserved it by any evil that we have done : i am sure , if some look back with an impartial eye , they will have cause to be ashamed of their dealings and proceedings against us , who have made us as objects , on whom they have executed their cruelty and oppression . and also take a view of your doings , and see whether many of you are not found too much in the steps of those of old , whom the prophet of the lord cryed out against , saying , hear i pray you , o heads of jacob , and ye princes of the house of israel ; is it not for you to know judgment ? who hate the good and love the evil , who pluck off their skins from off them , and their flesh from off their bones : who also eat the flesh of my people and flay their skins from off them , and they broak their bones and chop them in pieces as flesh for the caldron , micah . , , . and the judgment threatned , which was just upon them for their wickedness , cruelty and oppression , which was inflicted on his people by them without any bowels of mercy , was on this wise ; then shall they cry unto the lord , but he will not hear them , — he will even hide his face from them at that time , as they behaved themselves ill in their doings , vers . . again , the prophet saith , but truly i am full of power by the spirit of the lord , and of judgment , and of might , to declare unto jacob his transgressions , and to israel his sins . hear this , i pray you , ye heads of the house of jacob , and ye princes of the house of israel , that abhor judgment , and pervert all equity , that build up zion with blood and jerusalem with iniquity ; the heads thereof judge for reward , and the priests teach for hire , &c , yet will they lean upon the lord , and say ( as many are saying now ) is not the lord amongst us ? no evil can come upon us : therefore shall zion for your sakes be plowed as a field , and jerusalem shall become heaps , and the mountain of the house as the high places of the forrest , vers . , , , , . and as the lord was angry with that generation for those evils that abounded amongst them , even so is he angry with this nation , because iniquity and transgression abounds , and love to righteousness , equity and justice ( and to them that live therein ) waxeth cold in many , who make a profession of god , and godliness . but behold ! the lord hath looked down from heaven , and hath beheld the iniquities of many to be of a scarlet and crimson dye , and hath also beheld the great oppression of his people , and the groanings of the oppressed hath entered into his ears ; and the lord god is arisen in his mighty power to plead the cause of the afflicted , and will call all to an account , who are guilty , both for their sins against him , and also for their oppressing of his innocent people , and will render a recompence of reward into every ones bosom , according to their doings . therefore a warning is in my heart to you all , whose day of mercy is not yet ended ; forsake your evil courses , break off from your sins by true repentance , and fear before the dreadful god of heaven and earth , before whose bar of divine justice , you must all stand , and receive a sentence from him the true and equal judge . and cease from oppressing and persecuting the people of the lord , who seek nothing more than the honour and glory of his great name . and set up judgment and justice in the earth , and incourage truth and righteousness , and take the rod of the wicked from off the back of the righteous , which hath lain heavy upon them long ; and punish wickedness and debauchery , swearing and cursing , drunkenness and whoredom ; all which abound to the grief and sorrow of many . you may hear it every day in your ears , and behold it with your eyes , not only many in authority ( who should have been better examples ) but also the very boys and children in the streets , their mouths are full of cursing and damning , which is dreadful to think off ; it s grown so common , and so much incouraged by the bad examples of many of those that should have been a terror to evil doers . therefore punish these wickednesses , which run down like a flood , and indeavour to stop the current of iniquity , which at this day encreases in a dreadful manner ; and be good examples your selves in holiness of life and conversation ; or else god will pour out shame and everlasting contempt upon you , and will plead with you in his firce wrath , and in his sore displeasure ; and his indignation will break forth like devouring fire , and ye shall be ( who are guilty of those evils ) like hay and stubble before him , who will consume you both root and branch , of you repent not , and that speedily . and , oh that you would fear before the living god , and dread his holy name , and seek the lord while he may be found ; call upon him while he is near ; lest that day come upon you wherein you may seek him and he will not be found of you , because you have rejected his reproofs , and would have none of his counsel . therefore , if a day yet remain to you , mind the honour of god , and the good of your own souls ; and the propagating of truth and holiness more than your own interest , friendship or favour of men , or your pride , pomp and vain glory , which god will stain and blast by the breath of his mouth , and will blow it away with the whirlwind of his wrath , like the chaff of the summer threshing floor forever . but that you may have a habitation in the kingdom of eternal glory , which god hath prepared as a dwelling place for the righteous , is the desire of my soul. who am a lover of truth and righteousness , w. b. an expostulation with the clergy ; and a warning to those among them whose day of mercy is not over , &c. and now , all you priests , who have taken upon you to be the leaders and guiders of the people , and also to take the care and oversight of them , and to instruct them , and to be their shepherds , and to feed them ( as you pretend ) with spiritual food . the controversie of the great god of heaven and earth is with you , and the day wherein he will plead with you in his sore displeasure , makes haste upon you , because you have neither fed the people with the food you pretended , nor taken such care of their souls , as to have led and guided them in the way of truth and righteousness , as you ought to have done : for have you not made the people to err by your lyes , and by your lightness ? for according to what ye have taken upon you , ye should have been good examples to all , in holiness , in purity of life and conversation . you have been examples to the people , i grant ; but in what ? hath it not been ( with many of you ) in pride , lightness , prophaneness , covetousness , oppression and debauchery , as drunkenness , cursing , swearing and whoredoms , with many great and crying sins ? do not these abominations abound amongst many of you ( upheld and encouraged by your bad examples ) of the clergy of england , and the dominions thereunto belonging ? i shall leave to all sober people , that observe your lives and conversations to judge . and so instead of leading people in the way of the lord , ( which is a pure way sorever ) and into righteousness and holiness ( without which none can see the lord ) have you not been instrumental ( in the hand of the enemy of all righteousness ) to lead them into the liberty and looseness of the world , and into darkness and ignorance of the lord , and of his holy spirit and grace ( which was the teacher and leader of the saints of old ) by your ungodly and unrighteous lives ? do not your practices bespeak you to be blind guides , leading the blind ( though its willful blindness ) and so have fallen together into the ditch of uncleanness , ( which the abounding of wickedness , that at this day increases among many of you , and your hearers also do plainly shew ) and are ready to fall into the pit of eternal misery and lake of perdition , ( if you repent not ) which will be your portion at the hand of the just god , who will render a recompence of reward unto all , according to their doings . and are you not ( with many of your hearers ) in the steps of those the prophet of the lord cryed out against ? saying , a wonderful and a hurrible thing is committed in the land , the prophets thereof prophecy falsly , and the priests bear rule by their means , and my people love to have it so ; and what will you do in the end thereof ? jer. . , . again , another prophet cryeth out in these words ; thus saith the lord god , wo unto the false prophets that follow their own spirit , and have seen nothing . oh israel ! thy prophets are like the foxes in the desart , &c. they have seen vanity , and lying divination , saying , the lord saith , and the lord hath not sent them ; and they have made others to hope that they would confirm the word : have you not seen a vain vision ? and have you not spoken a lying divination ? whereas you say , the lord saith it ; albeit i have not spoken : therefore thus saith the lord god , because you have spoken vanity , and seen lyes ; therefore behold i am against you , saith the lord god , and my hand shall be upon the prophets that see vanity , and divine lyes ; they shall not be in the assembly of my people , neither shall they be written in the writing of the house of israel , neither shall they enter into the land of israel ; and ye shall know that i am the lord god , because , even because they have seduced my people , saying , peace , and there was no peace : and one built up a wall , and lo , others daubed it with untempered morter , ezek. . , , , , , , . again , the lord cryed out by his prophet , saying , son of man , prophecy against the prophets of israel ; prophecy , and say unto them , thus saith the lord god unto the shepherds , wo be to the shepherds of israel that do feed themselves ; should not the shepherds feed the flock ? ye eat the eat , and ye clothe you with the wool ; ye kill them that are fed , but ye feed not the flock : the diseased have ye not strengthened , neither have ye healed that which was sick , neither have ye bound up that which was broken , neither have you brought again that which was driven away , neitheir have ye sought that which was lost ; but with force and with cruelty have ye ruled them , &c. therefore , o ye shepherds , hear the word of the lord ; thus saith the lord god , behold i am against the shepherds , and will require the flock at their hands , ezek. . , , , , . again , the lord cryeth out on this wife by another of his prophets ; for from the least of them , even unto the greatest of them , every one is given to covetousness ; and from the prophet , even unto the priest , every one dealeth falsly : they have healed also the hurt of the daughter of my people slightly , saying , peace , peace , when there is no peace . were they ashamed when they had committed abomination ? nay , they were not at all ashamed , neither could they blush ; therefore they shall fall among them that fall ; at the time that i shall visit them , they shall be cast down , saith the lord , jer. . , , . and again , another of the prophets of the lord cryed out on this wise ; thus saith the lord concerning the prophets , that make my people err , that bite with their teeth , and cry peace ; and he that putteth not into their mouthes , they even prepare war against him : therefore night shall be upon you , that you shall not have a vision , and it shall be dark over you , that you shall not divine ; and the sun shall go down over the prophets , and the day shall be dark over them ; then shall the seers be ashamed , and the diviners confounded : the heads thereof judge for reward , and the priests thereof teach for hire , and the prophets thereof divine for mon●y , mich. . , , , . and are not you , the clergy of england , and the dominions thereunto belonging , highly guilty of most , if not all these great evils and abominations which the false prophets of old were guilty of , for which the true prophets cryed out against them ? for have you not run , when the lord never sent you ? though most of you have not run very far , it hath but been to augment your wages , and to get fater benefices : so we find that filthy lucre has been your greatest inducement in your runnings ; for it hath been for that many of you have run from one place to another , and have taken upon you to speak in the name of the lord , though he never gave you commission so to do ; and therefore you have not profited the people at all : for notwithstanding all your preaching to the people , how does iniquity abound , and transgression encrease amongst them ? don't you hear with your ears the horrible crys , oaths , and dreadful cursings and damnings , which make the land mourn ? don't you see with your eyes the prophaneness , drunkenness , looseness , and almost all manner of wickedness and debauchery which encreaseth amongst many of your hearers ? and are not many of you your selves ( who should be examples of better things ) living and taking pleasure therein ? yea , i am sure many who live near the fountains , from whence you spring , and where you learn your arts and sciences , have too much cause to affirm it to your shame , who daily hear and see to their great grief and sorrow of heart , that almost all manner of ungodliness , debauchery and uncleanness abounds amongst many of you in these places ; and not only in these places , but also in many other places where you come ; let but people observe your lives and conversations , and see whether many of you , who pretend to be leaders and teachers of others , ( but let all people consider whither such can lead them ; it s but into the broad way , the end whereof is eternal misery : therefore let all people leave off following those leaders , who are such bad examples to their followers ) are not highly guilty of the before-mentioned abominations ; and so are not examples of righteousness and purity , but of wickedness and prophaneness to your hearers ; for which the anger of the lord god of heaven and earth is kindled , and nigh to break sorth upon you like a devouring fire ; and if you repent not speedily , will consume you root and branch . and are you not bearing rule by your means , and endeavouring to make the people love to have it so ? and by force and cruelty , oppressing and persecuting those , who cannot for conscience sake own you to be the true ministers of christ , nor put into your mouthes , like those the true prophets of the lord cryed out against ? read isa . . , , . and are you not seeking your gain from your quarters , and minding the fleece more than the flock ? and don't you preach for hire , and divine for money ? yea ; are you not selling both your sermons and your prayers for money ? and so are doing contrary to the command of christ to his ministers and messengers , when he sent them forth ( as lambs among wolves ) to preach the gospel of glad-tidings to the people , who said , freely you have received , freely give . let your doings testifie against you , that you are not in the steps of the disciples of christ , but are in the steps of simon magus , ( or worse than he ) who would have bought the gift of god for money : but you sell your own divinations ( under a pretence of the gift of god ) for money : and if his practice was condemnable , how can yours be justifiable ? so that which was said to him by the holy apostle peter , may justly be said to you ; you have neither part nor lot in this matter ; for your hearts are not right in the sight of god ; and you are seen to be in the gall of bitterness , and bond of iniquity . neither do we yet find or understand , that you have yet repented of your wickedness ( so much as he did of his ) for instead of repenting , are you not going on and endeavouring to obtain your covetous ends , and are giving flattering titles to many , and having mens persons in admiration for your own advantage & self-ends , and are crying peace to many , in such a state and condition as the lord never spoke peace to any in ? and so are manifest to be like those that cry peace , peace , when suddain destruction and misery is at hand . and you have fed your selves with the fat , and clothed your selves with the wool , and have preyed upon the people ; and by your oppression and cruelty have scattered the flock , instead of gathering them , or turning them to god , who is become the shepherd and teacher of his people himself , according to his promise of old , that he would gather his sheep from the mouthes of those shepherds that made a prey upon them : which promise many have witnessed to be fulfilled in this our day , blessed be his name forever . and are you not biting with your teeth ( like the false prophets of old ) and crying peace to them that put into your mouthes ( though never so unchristian-like in their conversations ) but they that cannot for conscience-sake put into your mouthes , to maintain your pride , high-mindedness and oppression , have you not , and yet are preparing war against them ? let the great spoil and havock you have made of many sober and conscientious peoples goods bear witness against you : and the many prisons in england and else-where , in which you have imprisoned some unto death , and many others to the ruining of them and their families , because they could not for conscience sake pay you your unjust and unchristian demands , as tythes , and many other things , which never were demanded nor paid in the primitive christian times , as gospel-maintenance ( neither is there any ground in the scriptures for them to be demanded ) by the ministers of the gospel ; and seeing they were neither demanded nor paid by the apostles or their successors , while they kept in the primitive purity ; nor any prescription given forth by the apostles , that they ( to wit , tythes ) should ever be paid or received by the christians in future ages : and also , seeing they were denyed and testified against by several of the first reformed protestants , as walter brute , &c. therefore , for you to demand them , and to cast men into prison for the non-payment of them , manifests you to be such as the holy apostle cryed out against ; who beguile unstable souls ; an heart they have exercised with covetous practices ; cursed children , which have forsaken the right way , and are gone astay , following the way of balaam , the son of bosor , who loved the wages of vnrighteousness , pet. . , . and these your cruelties , persecutions and oppressions testifie to your faces ( and to all people that are willing to see you ) that you are out of the steps , life and spirit of the messengers and ministers of christ jesus ; neither have you any example for these your wicked practices and ungodly lives , neither from the priests under the law , nor from the true ministers of christ and preachers of the holy gospel in the primitive times , and in several ages since the apostles dayes , but from balaam , false prophets , false teachers , &c. such as the prophets of the lord testified against . and all these your practices of oppression , cruelty and persecution , and your unholy lives and conversations are sufficient evidence and ground for us , ( had we no more ) not to believe that you are the ministers and messengers of christ , but of antichrist ; for we don't read that ever the true ministers of christ did oppress or persecute others , or leave any president for any such practice , but the contrary ; for it was many times their lots to be persecuted , shamefully abused , and cast into prison by others , both in the primitive times , and in the reformation , and almost in every age until this very day : and so the words of the apostle have been and yet are fulfilled ( to wit ) yea , and all that will live godly in christ jesus , shall suffer persecution , tim. . . and it was the portion ( that christ our lord said , that such who lived in and followed him should meet withal , viz. that they should be hated of all nations for his names sake : and that they should hale them before rulers and their councils ; and that they should cast them into prison , and kill them . he did not say , the believers should cast their enemies into prison and persecute them ; but commanded , to love their enemies , and to pray for them that despightfully used them , and persecuted them , that they might be the children of their father in heaven , who sends the rain on the just and unjust , &c. but you have been so far from obeying christ's command , to love your enemies , that you have , and yet are doing despight to those that never did you any harm , but have sought , and yet are seeking your everlasting peace and well-beeing , both of soul and body . so that persecution and cruelty is not a mark of true believers , that obey christ , neither of his messengers and ministers , whom he sends forth to preach the everlasting gospel , but a mark of the whore , false prophets and antichrist . notwithstanding all their fair pretences for christ , yet they have been persecuting the saints , and drinking the blood of the martyrs and servants of christ , for which the anger of the lord is breaking forth , and he is arising in his mighty power to plead the cause of his suffering people ; and will give the whore blood to drink , and the cup of his indignation and fury ( which she shall not escape ) from his hand shall be her portion , and the portion of all that joyn with her , except they repent . and that you are in the same steps , your own practices , in persecuting and oppressing an innocent people , are evidence and proof sufficient against you . and therefore all you whose day of mercy is not yet over , and are guilty of these things , repent of , and cease from these your wicked and unchristian-like practices of cruelty , oppression and persecution , and also from your wicked , unclean lives and conversations , and humble your selves under the mighty hand of god , submit to & lie under his righteous judgments , and bear his indignation and wrath , which is just upon you for your nickedness , cruelty and oppression , and for your pride and ungodliness , which abound amongst many of you ; that thereby you may learn righteousness , and to dread and fear before the living god , and to serve him in truth and righteousness , who over all is worthy to be served , honoured and obeyed forever . and mind the teachings of his holy grace and spirit ( a measure whereof is given to every man to profit withal , ) which teacheth to deny vngodliness , and worldly lusts , and to live a sober , a righteous and a godly life in this present evil world. and be ye examples of meekness and lowliness of mind and spirit , and of purity , righteousness and holiness in your conversations , or else the dreadful god of heaven and earth will pour out his fury like fire upon you ; and ye shall be as hay and as stubble before his fiery indignation , which shall burn you up , and none shall be able to quench it ; and your portion shall be with the beast and false prophets , who shall be taken alive and cast into the lake of fire that burns ( as with brimstone ) to be tormented forever and for evermore . moreover , god almighty , whose righteous soul has been grieved by your cruelty and oppression against his people , and whose holy name has been and yet is dishonoured by your ungodly lives , will pour out shame and everlasting contempt upon you ; and ye shall be like chaff before the breath of the almighty , who will drive you away like smoak before the wind , never to be found any more : and your names shall rot in the earth , and your stink shall come up . and as the remembrance of the wicked and false prophets are an evil savour to this day , so shall the remembrance of you be to the generations that are yet to come , if ye repent not speedily . but that you may all escape these judgments of the lord , and eternal sorrows ( which are prepared as a portion for the wicked ) in returning to the lord by true repentance and amendment of your lives ; and that you may find mercy with god to your immortal souls , both in this world , and in that which is to come , is the desire of him who is concerned to give forth this testimony , as a warning to all whose day is not yet over . who am a hater of deceit and hypocrisie , but a lover of truth and righteousness , and a well-wisher of the souls of all the sons and daughters of men , william bingley . the end . a second speech of the honovrable nathanael fiennes, second son to the right honourable the lord say, in the commons house of parliament touching the subjects liberty against the late canons and the new oath. fiennes, nathaniel, or - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing f ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing f estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; :e , no ) a second speech of the honovrable nathanael fiennes, second son to the right honourable the lord say, in the commons house of parliament touching the subjects liberty against the late canons and the new oath. fiennes, nathaniel, or - . [ ], p. s.n.], [london? : . reproduction of original in thomason collection, british library. eng church and state -- england. great britain -- politics and government -- - . a r (wing f ). civilwar no a second speech of the honourable nathanael fiennes, (second son to the right honourable the lord say) in the commons house of parliament. t fiennes, nathaniel c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - celeste ng sampled and proofread - celeste ng text and markup reviewed and edited - pfs batch review (qc) and xml conversion a second speech of the honovrable nathanael fiennes , ( second son to the right honourable the lord say ) in the commons house of parliament . touching the subjects liberty against the late canons , and the new oath . printed by a perfect coppy , . a second speech of the honovrable nathanael fjennes ( second son to the right honourable the lord say ) touching the subjects liberty against the late canons and the new oath . mr. speaker , now that wee are about to brand these canons in respect of the matter contained in them , it is the proper time to open the foulenesse thereof : and though much of this hath beene anticipated in the generall debate , yet if any thing hath beene omitted , or if any thing may be farther cleered in that kind , it is for the service of the house , that it should now be done . sir , i conceive these canons doe containe sundry matters , which are not onely contrary to the lawes of this land , but also destructive of the very principall and fundamentall lawes of this kingdome . j shall beginne with the first canon , wherein the framers of these canons have assumed unto themselves a parliamentary power , and that too in a very high degree , for they have taken upon them to define what is the power of the king , what the liberty of the subjects , and what propriety he hath in his goods . if this bee not proper to a parliament ▪ j know not what is . nay it is the highest matter that can fall under the consideration of a parliament , and such a point as wherein they would have walked with more tendernesse and circumspection , then these bold divines have done . and surely as this was an act of such presumption as no age can parallell : so is it of such dangerous consequence as nothing can bee more . for they doe not onely take upon them to determine matters of this nature , but also under great penalties , forbid all parsons , vicars , curats , readers in divinitie &c. to speake any other wayes of them then as they had defined , by which meanes having seised upon all the conduits , whereby knowledge is conveyed unto the people , how easie would it be for them in time , to undermine the kings prerogative , and to suppresse the subjects liberty , or both . and now ( sir ) i beseech you to consider how they have defined this high and great point : they have dealt with us in matter of divinity , as the judges had done before in matter of law : they first tooke upon them to determine a matter that belonged not to their judicature , but onely to the parliament , and after by their judgement they overthrew our propriety , and just so have these divines dealt with us : they tell us that kings are an ordinance of god , of divine right , and founded in the prime lawes of nature , from whence it will follow that all other formes of government , as aristocracies , and democracies , are wicked formes of government contrary to the ordinance of god , and the prime lawes of nature , which is such new divinity as i never read in any booke , but in this new booke of canons . mr. speaker , we all know that kings , and states , and judges , and all magistrates are the ordinances of god , but ( sir ) give me leave to say they were the ordinances of men , before they were the ordinances of god . j know i am upon a great and high point , but j speake by as great and as high a warrant , if saint peters chaire cannot erre ( as saint peters epistles cannot ) thus he teacheth us , submit your selves to every ordinance of man for the lords sake , whether it be to the king as supreame , or to the governour , as to him that is sent by him &c. ( sir ) it is worthy noting , that they are ordinances of men , but that they are to be submitted unto for the lords sake , and truely their power is as just , and their subjects alleageance as due unto them , though we suppose them to be first ordinances of men , and then confirmed , and established by gods ordinance , as if wee suppose them to be immediate ordinances of god , and so received by men . but there was somewhat in it , that these divines aimed at , i suppose it was this . if kings were of divine right , as the office of a pastour , in the church , or founded in the prime lawes of nature , as the power of a father in a family ; then it would certainly follow , that they should receave the fashion and manner of their government , onely from the prescript of gods word , or of the lawes of nature , and consequently , if there be no text neither of the old nor new testament , nor yet any law of nature , that kings may not make lawes without parliaments , they may make lawes without parliaments , and if neither in the scripture , nor in the law of nature , kings be forbidden to lay taxes or any kind of impositions upon their people without consent in parliament , they may doe it out of parliament : and that this was their meaning , they expresse it after in plaine termes , for they say that subsidies and taxes , and all manner of aydes are due unto kings by the law of god , and of nature . ( sir ) if they bee due by the law of god and of nature , they are due , though there bee no act of parliament for them , nay ( sir ) if they be due by such a right , a hundred acts of parliaments cannot take them away , or make them undue . and ( sir ) that they meant it of subsidies and aides taken , without consent in parliament , is cleerely that addition , that they subjoyne unto it , that this doth not take away from the subject the propriety hee hath in his goods , for had they spoken of subsidies and aides given by consent in parliament , this would have beene a very ridiculous addition , for who ever made any question , whether the giving subsidies in parliament did take away from the subject the propriety hee hath in his goods , when as it doth evidently imply they have a propriety in their goods ? for they could not give unlesse they had something to give : but because that was alleadged as a chiefe reason against ship-money , and other such illegall payments levied upon the people , without their consent in parliament , that it did deprive them of their right of propriety which they have in their goods , these divines would seeme to make some answer thereunto , but in truth their answer is nothing else but the bare ass●rtion of a contradiction , and it is an easie thing to say a contradiction , but impossible to reconcile it ; for certainly if it be a true rule ( as it is most true ) ●uod meum est sine consensu meo , non potest fieri alienum ; to take my goods without my consent must needs destroy my propriety . another thing in this first canon , wherein they have assumed unto themselves a parliamentary power , is in that they take upon them to define what is treason , besides what is determined in the statute of treasons . they say , to set up any coactive independent power is treasonable both against god and the king , the question is not whether it be true they say or noe , but whether they have power to say what is treason , and what not ? but now ( sir ) that i am upon this point , j would gladly know what kind of power that is , which is exercised by arch-bishops , bishops , deanes , arch-deacons , &c. coactive certainly it is , all the kingdome feeles the lash thereof , and it must needes bee independent , if it be jure divino , as they hold it , for they doe not meane by an independent power , such a power as doth not depend on god . besides if their power bee dependent , of whom is it dependent ? not of the king , for the law acknowledgeth no way whereby ecclesiasticall jurisdiction can bee derived from his majestie , but by his commission under the great seal , which as i am informed , they have not : i speake not of the high commission , but of that jurisdiction which they exercise in their archiepiscopall , episcopall , archidiaconall courts , &c. and therefore if their owne sentence bee just , wee know what they are , and what they have pronounced against themselves . but ( sir ) it were worth knowing what they aymed at in that independent , coactive power , which they terme popular . j will not take upon mee to unfold their meaning ; but wee know doct. beale had a hand in the making of these canons , and if wee apply his paraphrase to the text , it may give us some cleerenesse . j remember amongst other notes of his this was one , that we did acknowledge the kings supremacy , but would joyne unto him an assistant ( viz. ) the people , meaning this house , which being the representative body of the commons of england , and claiming , as it is so , a share in the legislative power , doct : beale calleth this a joyning of an assistant to the king , in whom soly he placeth the power of making lawes , and that it is but of grace , that he assumeth either the lords , or commons for the making of lawes with him . now ( sir ) the legislative power is the greatest power , and therefore coactive , and it is the highest power , and therefore independent , and if every estate for the proportion it hath therein , should not have such a power , it should not have it of right , as founded in the fabricke and frame , of the policy and government , but of grace , or by commission , as doctor beale affirmeth . j have done with the first canon , onely j shall adde this , that considering the principles and positions that are laid downe therein , and comparing them with a clause towards the end of the canon , that in no case imaginable it is lawfull for subjects to defend themselves , wee may judge how farre forth these canons were to prepare mens mindes for the force that was to follow after ; if the accusation against my lord of strafford be layed aright . for the matter it selfe , i hope there will never be any need to dispute that question , and j doe beleeve they had as little need , to have published that position , had it not beene upon designe . as for the second canon , therein also they have assumed to themselves a parliamentary power , in taking upon them , to appoint holidayes , whereas the statute saith in expresse wordes , that such dayes shall bee onely kept as holy dayes as are named in the statute , and no other , and therefore though the thing may be bonum , yet it was not done bene , because not ordained by parliament , notwithstanding what hath beene alleadged to the contrary : it seemeth to me to be the appoynting of an holy day , to set a time a part for divine service , and to force men under penalties to leave their labours , and businesse , and to be present at it . and of the same nature is that other clause , in the same canon , wherein they take upon them without parliament , to lay a charge upon the people , enjoyning two bookes at least for that day , to be bought at the charge of the parish , for by the same right , that they may lay a penny on the parish without parliament , they may lay a pound or any greater summe . as to the third canon , i shall passe it over , onely the observation that my neighbour of the long robe made upon it , seemes unto mee so good as that it is worth the repeating , that whereas in the canon against sectaries there is an especiall proviso , that it shall not derogate from any statute , or law made against them ( as if their canons had any power to disanull an act of parliament ) there is no such proviso in this canon against papists , from whence it may be probably conjectured , that they might have drawne some colour of exemption , from the penall lawes established against them from this canon , , because it might seeme hard that they should be doubly punished for the same thing , as we know in the point of absence from the church ; the law provideth , that if any man be first punished by the ordinary , he shall not be punished againe by the justices . for the fourth canon against socinianisme , therein also these canon-makers have assumed to themselves , a parliamentary power , in determining an heresie not determined by law , which is expressely reserved to the determination of a parliament . it is true , they say it is a complication of many heresies , condemned in the foure first conncills , but they doe not say what those heresies are , and it is not possible that socinianisme should bee formally condemned in those councills , for it is sprang up but of late ; therefore they have taken upon them , to determine and damne a heresie , and that so generally , as that it may be of very dangerous consequence , for condemning socinianisme for an heresie , and not declaring what is socinianisme , it is left in their brests whom they will judge , and call a socinian . i would not have any thing that i have said to be interpreted , as if j had spoken it in favour of socianisme , which ( if it be such as j apprehend it to be ) is indeed a most vile and damnable heresie , and therefore the framers of these canons , are the more to blame in the next canon against sectaries , wherein besides that in the pre-preamble thereof , they lay it downe for a certaine ground , which the holy synod knew full well , that other sects ( which they extend not onely to brownists , and separatists , but also to all persons , that for the space of a moneth , doe absent themselves without a reasonable cause , from their owne parish churches ) doe equally endeavour the subversion of the discipline , and doctrine of the church of england with the papists , although the worst of them doe not beare any proportion , in that respect to the papists , j say besides that they make them equall in crime , and punishment to the papists , notwithstanding the great disproportion of their tenents , there is an other passage in this canon relative to that against socinianisme , which i shall especially offer to your consideration , and that is this . if a gentleman comming from beyond seas should happen to bring over with him a booke , contrary to the discipline of the church of england , or should give such a booke to his friend , nay if any man should abett , or maintaine an opinion contrary thereunto , though it were but in parliament , if he thought it fit to be altered , by this canon hee is excommunicate ipso facto , and lyeth under the same consideration , and is lyable to the same punishment ; as if he had maintained an opinion against the deity of christ , and of the holy ghost , and of our justification by the satisfaction of christ . ( sir ) if in things that are in their owne nature indifferent , if in things disputable , it shall be as heynous to abett or maintaine an opinion , as in the most horrible and monstrous heresies , that can bee imagined , what liberty is left to us as christians ? what liberty is left to us as men ? i proceed to the sixt canon , wherein these canonists have assumed to themselves a parliamentary power , and that in a very high degree , in that they have taken upon them to impose new oathes , upon the kings subjects . ( sir ) under favour , of what hath beene alleaged to the contrary , to impose an oath , if it bee not an higher power , then to make a law , it is a power of making a law of a most high nature , and of higher and farther consequence then any other law , and i should much rather chuse that the convocation should have a power to make lawes , to bind my person and my estate , then that they should have a power to make oathes to bind my conscience : a law binds mee no longer then till another law be made to alter it , but my oath bindes mee as long as i live . againe , a law bindes mee either to obedience , or to undergoe the penalty inflicted by the law , but my oath bindes mee absolutely to obedience . and lastly , a law binds me no longer then i am in the land , or at the farthest no longer then i am a member of the state ; wherein and whereby the law is made , but my oath once being taken , doth bind mee in all places , and in all conditions so long as i live . thus much j thought good to speake concerning the power of imposing new oathes : as to the matter of this new oath , it is wholy illegall . it is aginst the law of this land , it is against the law and light of nature , it is against the law of god , it is against the lawes of this kingdome ; and that , no obscure lawes , nor concerning any meane , or pettie matters . it is against the law of the kings supremacie , in that it maketh arch-bishops , bishops , deanes , arch-deacons , &c. to be jure divino , whereas the law of this land hath annexed to the imperiall crowne of this realme , not onely all ecclesiasticall jurisdiction , but also all superiority , over the ecclesiasticall state , and it is to bee derived from him by commission under the great seale , and consequently it is jure humano . againe , it is against the oath of supremacy , established by law point blanck , for therein i am sworne not onely to consent unto , but also to assist , and to the uttermost of my power , to defend all jurisdictions , preheminence , &c. annexed to the imperiall crowne of this realme , of which this is one ( and that which immediately precedeth this oath in the statute , and whereunto it doth especially relate ) that his majestie may exercise any jurisdictions , or ecclesiasticall government by his commission under the great seale directed to such persons , as hee shall thinke meet , so that if hee shall thinke other persons more meet , then arch-bishoos , bishops , &c. i am sworne in the oath of supremacie not onely to assent thereunto , but to assist , and to the uttermost of my power to defend such an appointment of his majesty , and in this new oath j shall sweare never to consent unto such an alteration . in the like manner it is against the law , and light of nature , that a man should sweare to answere , ( &c. ) to he knowes not what . it is against the law and light of nature , that a man should sweare never to consent , to alter a thing , that in its owne nature is alterable , and may prove inconvenient , and fit to be altered . lastly , it is against the law of god : for whereas there are three rules prescribed to him that will sweare aright , that he sweare in judgement , in truth , and righteousnesse : hee that shall take this new oath , must needs breake all these three rules . he can not sweare in judgement , because this oath is so full of ambiguities , that hee can not tell what hee sweares unto ; not to speake of the unextricable ambiguity of the &c. there is scarce one word that is not ambiguous in the principall parts of the oath , as first . what is meant by the church of england , whether all the christians in england , or whether the clergie onely , or onely the arch-bishops , bishops , deanes , &c. or whether the convocation , or what ? in like manner it is as doubtfull what is meant by the discipline , and what by the doctrine of the church of england , for what some call superstitious jnnovations , if others affirme to be consonant to the primitive , and that the purest reformation in the time of edward the . and in the beginning of the reigne of queene elizabeth , and so for the doctrine of the church of england , if all the positions that of later yeares have beene challenged by some of our divines to bee arminian and popish , and contrary to the articles of our religion , and which on the other side have beene asserted and maintained as consonant to the doctrine of our church , and if the articles of religion were gathered together , they might make a prety volume , nay sancta clara will maintaine it in despight of the puritanes , that the doctrine of the church of rome , is the doctrine of the church of england . truely it were very fit that we knew , what were the doctrine and discipline of the church of england before we sweare to it , and then ( sir ) give me leave to say , that j should bee very loath to sweare to the discipline , or to the doctrine and tenents of the purest church in the world , as they are collected by them , farther then they agree with the holy scriptures . lastly , it is as doubtfull what is meant , by the doctrine and discipline established , and what by altering and consenting to alter , whether that is accompted , or established , which is established by act of parliament , or wheter that also that is established , by canons , injunctions , &c. and whether it shall not extend to that which is published by our divines with the allowance of authority , and so for consenting to alter whether it be onely meant that a man shall not be active in altering , or whether it extend to any consent , and so that a man shall not submit to it , nor accept of it , being altered by the state . more ambiguities might be shewen , but these are enough to make it cleere , that hee that shall take this oath cannot sweare in judgement . nor can he sweare in truth , for it is full of untruthes . it is not true that discpline is necessary to salvation . jt is not true , that arch-bishops , bishops , deanes , arch-deacons , &c. are jure divino , as they must needs be , if the law-makers ought of right to establish them , as they are established : for the law-makers are not bound as of right , to frame their lawes to any other then the lawes of god alone . now whether bishops be jure divino , we know it is a dispute amongst the papists , and never did any protestant hold it till of late yeares , but that arch-bishops , deanes , arch-deacons , &c. should be jure divino , i doe not know that ever any christian held it before and yet he that taketh this oath must sweare it . lastly as he that taketh this oath cannot sweare in judgement nor in truth , so neither can hee sweare in righteousnesse , for it is full of unrighteousnesse , being indeed , as hath beene well opened , a covenant in effect against the king and kingdome ; for if the whole state should find it necessary , to alter the government by arch-bishops , bishops , &c. a great part of the kingdome , especially of the gentry ( for not onely the clergy , but all that take degrees in the vniversities are bound to take it ) will be preingaged not to consent to it , or admit of it . againe it is a great wrong to those that shall bee parliament-men , that their freedome shall bee taken away being bound up by an oath , not to consent to the altering of a thing , which it may bee fit and proper for a parliament to alter . and suppose that for the present it be no hinderance to the service of god , nor yet burdensome , to the king , and kingdome , yet if it should prove so hereafter ▪ for a man to bee bound by an oath never to consent to alter it , may be a great wrong to god in his service , and to the king and kingdome in their peace and well-fare , and therefore this oath cannot bee taken in righteousnesse . for the other oath de parendo juri ecclesiae , & stando mandatis ecclesiae , though it make lesse noyse then the other , yet it is not of lesse dangerous consequence . if i remember well the story , this was the oath that the pope made king john to take , and when he had sworne stare mandatis ecclesiae , the pope commanded him to resigne his kingdome to him , and truely be hee gentleman or nobleman , or what ever else when hee hath once put his necke into this nouse , his ghostly fathers may drag him whither they will , for they have the quantity and the quality of the penance in their owne brest , and if they shall enjoyne him to give any summe towards the building of a church , or the adorning of a chappell , he must pay it , or if they should enjoyne him any servile or base action ( as there are not wanting examples of that kinde in the time of popery ) they are sworne stare mandatis ecclesiae , and so cannot recede , but must performe it . nay i dare not warrant any man from the rods of henry the second , or of raymond of tholouze ; what hath beene done may be done , j am sure the power is the same . and that other oath also ( though more usuall in practise , and more confirmed by th●se new canons ) which is administred to church-wardens , would bee looked into . for it is hardly possible for them that take it not to be for sworne , being they sweare to so many particulars , that they cannot mind , and to some that they cannot understand , as how many church-wardens are there in england , that understand what socinianisme is , in case they be sworne , to present the offenders against that canon , which concernes that matter . i shall onely adde a word or two concerning two canons more , which seeme to be canons of reformation . the first is , concerning excommunication , to bee pronounced onely by a divine , wherein it is alleadged for the framers of these canons , that if they have not more law on their sides , yet they may seeme to have more reason . for my part , as in all other things , i thinke they have so mended the matter , that they have made it farre worse , for before that which was found fault with was this , that a lay-man did that which the grave divine should have done , and now the grave divine must doe what ever the lay-man would have done , for the cogniscance of the cause , and the power of judicature is wholy in the lay-man , onely the grave divine is to bee his servant , to execute his sentences , and hath such a kind of managing the spirituall sword allowed onely unto him , as the papists in some cases were wont to afford unto the civill magistrate , in respect of the temporall sword , for as if the civill sword by an implicite faith had beene pinned , to the lawn-sleeves , they condemned men of heresie , and then delivered them over to the secular power ; but what to doe ? not to have any cognisance of the cause , nor to exercise any power of judicature , but onely to bee their executioners , and to burne the heretick whom they had condemned , and so they judged men excommunicate , and then the civill power was to send out writtes de excommunicato ●apiendo against them , but one said well , that the sword without cognisance of the cause , and judgement , was like polyphemus without his eye , it became violence and fury . but being accompanied with the eye of judgement , it is equity and justice : and surely where the spirituall or civill governour is called upon to strike , hee must bee allowed to see and judge whom and wherefore hee strikes , otherwise he will bee able to give but an ill accompt to god , of the managing of the sword , wherewith hee is instructed . the other canon is the last canon against vexatious citations , wherein they seeme to have some sense of the great grievances that poore people lye under , by occasion of vexatious citations , and molestations in ecclesiasticall courts , and i verily beleeve that there is not a greater oppression in the whole kingdome upon the poorer sort of people , then that which proceedeth out of these courts . but now ( sir ) let us see what provision they have made against it by this canon . they say because great grievances may fall upon people by citations upon pretence onely , of the breach of that law without any presentment , or any other just ground , that no citations , grounded onely as aforesaid , shall issue out , except it be under the hand and seale of the chancellour , commissary , arch-deacon , or other competent judge , so that ( if there bee any sense in these words ) though there bee no presentment at all , nor any other just ground , yet a citation may issue out , so it be under the hand and seale of the chancellour , commissary , or other competent iudge , and the party shall not be discharged without paying his fees , nor have any reliefe by this canon . but suppose the citation bee not under the hand and seale of any competent judge , and that there was neither presentment nor any just ground for it shall he then be dismissed without paying any fees ? no , unlesse first contrary to the law of nature , there being no presentment nor just ground of accusation against him , hee shall by his oath purge himselfe of pretended breaches of law , and then too hee shall onely have the fees of the court remitted , but shall have no satisfaction for his troublesome and chargeable journey , and for the losse of his time , and being drawne away from his aff●ires . nay lest they should seeme to have beene too liberall of their favour , they adde a proviso in the close of the canon , that this grace of theirs shall not extend to any grievous crime , as schisme , incontinency , misbehaviour in the church , or obstinate inconformity . and what do they call misbehaviour in the church ? if a man doe not kneele at the confession , or have his hat on , when the lessons are reading . in like manner what doe they call obstinate inconformity ? if a man will not thinke what they would have him thinke , if a man will not say what they would have him say , if a man will not sweare what they would have him sweare , if a man will not read what they would have him read , if a man will not preach what they would have him preach , if a man will not pray what they would have him pray , in short , if a man will not doe what ever they would have him doe , then he is an inconformist , and after that they have duely admonished him , primò , secundò , tertiò , all in one breath , then hee is contumacious , then he is an obstinate jnconformist . now ( sir ) my humble motion is , that in consideration of all the premisses , and what besides hath beene well laid open by others ; wee should proceed to damme these canons , not onely as contrary to the lawes of the land , but also as containing sundry matters , destructive of the rights of parliaments , and of the fundamentall and other principall lawes of this kingdome , and otherwise of very dangerous consequence . finis . the rioters in lindsey levell and their abettors, would have it thought that our ancestors were such ignorant men, as to make all the lawes and statutes by which the commission of sewers is impowered to remove the surrounder of waters ... killigrew, william, sir, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing k thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) the rioters in lindsey levell and their abettors, would have it thought that our ancestors were such ignorant men, as to make all the lawes and statutes by which the commission of sewers is impowered to remove the surrounder of waters ... killigrew, william, sir, - . sheet ([ ] p.) s.n., [london : ] title from opening lines of text. signed at end: william killigrew. imprint from wing. reproduction of the original in the british library. eng drainage -- england -- lincolnshire -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no the rioters in lindsey levell and their abettors, would have it thought that our ancestors were such ignorant men, as to make all the lawes killigrew, william, sir a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion the rioters in lindsey levell , and their abettors , would have it thought that our ancestors were such ignorant men , as to make all the lawes and statutes by which the commission of sewers is impowred to remove the surrounder of waters with such limitations as are utterly impossible to remove them , and would so construe those statutes , as if they were only made to mock men , to shew a publick good , & to forbid the doing of it . but by a true sense of those statutes it appears that the wisdome of those times did foresee , that by draining the fenns , a new province would be added unto england , and did therefore make lawes fully impowring a commission of sewers according to their judgement and wisdome , to doe these publick works so honourable and profitable unto this nation ; so that the words in the statutes ought in all reason to be so interpreted as to inable men to perform what they require them to doe , and according to this , the drainers of lindsey levell have proceeded , and therein followed the steps of all proceedings in all undertakings of this nature , all which have been confirmed by all former parliaments , not admitting of such construction of the said statutes , as will make all such works utterly impossible and contradictory in themselves , as our rioters would have it now understood . the long parliament did order a bill to settle lindsey levell , which is in master scobels hands . . it is conceived that no man will deny , but that a parliament has power by an act , to authorize the draining of any part of england on good arguments , and the opinion that such a work may prove beneficiall to the publick good of the nation ; which is all that can be said , before a worke be done ! i suppose then that this parliament hath an infallible argument to invite them to settle and secure lindesey levell , which is a worke already done , and so eminently honorable and profitable for the publick good ; and to no mans prejudice , though many frivolous clamors be made of the drainers dogs that barked at the rioters when they pulled down their masters houses , ( and such like stories ) as also the hospitall lands ( and others ) exchanged for their own good , though master cresset is pleased to call it taking to much land from them , which really is so : i say if all complaints of this nature , be referred unto a commission of uninterested persons to heare and determine as it is in bedford levell act , they will be soon accommodated , so as no man can receive prejudice , but be all benefited by this draining . . it is considerable , that seventy two thousand acres that never paied penny to publick contribution , will by this draining contribute and ease other parts . [ that the customes will increase very much , and that seventy thousand pounds ready mony , may come into the exchequer , for land belonging to the state , when this work is done ] that many thousands of poor people will be imploid about flax , hemp , and other manufactures , and in husbandry very considerable , where one drayner in two yeares , did plant above a hundred thousand trees , built a house that cost pound , and imployed for three moneths in one summer , six hundred people to bring in his harvest of coole and rape seed , which grew on land where fish did use to swim at midsomer before the draining ; and for which the said drayner was sued for tythes , and made to pay them , and yet the rioters testimonies in the consented report , doe all sweare positively , that the drainers never were in possession , which makes those testimonies invallid , because contradictory . of all which building and plantation , there is now no signe left , being all destroyed and carried away by that riot , when those publick works were ruined . . if the addition of a new province to england be a publick good , it doth concerne the nation in point of honour , as well as profit , to incourage private men by their private hazard and charge to undertake the like publick workes . for what can be more censurable in a nation , than to suffer such treasure to be lost so many yeares for want of industry ? or to see those men destroyed by a riot , for doing that which our ancestors have so often invited them to doe , and this riot done while the cause depended in hearing before a parliament , and in contempt of severall orders of both houses , issued for confirmation thereof : and yet these rioters with their abettors are rewarded by yeares possession of the drayners lands for ruining those works , as if the act were praise worthy ; while their abettors doe plead law for those that have by that riot destroyed the foundation of al law ( as much as in them lies ) al which the drayners do humbly submit unto the judgment of this parliament , and do hope for some reparation from the rioters and their abettors , that may inable them to repaire those publick works , and will deter others from the lika riots hereafter . william killigrew . postscript . it is humbly conceived , that in honour and justice no man will beleeve those scandalous reports which the rioters and their abettors doe whisper in mens eares against the drayners , and their works of draining nor give any credit unto the several printed libels which have been by them delivered at the parliament door against the drayners , all which their great abettors dare not so much owne , as to subscribe their names to them ; and are therefore reputed as false scandalous libels , defaming men that rather deserve statues of brasse , for the good by them done unto the common-wealth , which their adversaries and their ancestors have ever indeavoured , but could never effect . january . . william killigrew . menippeus rusticus a satyrical epistle / from c.s. in the country to his friend in the city. c.-s. approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing s a estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) menippeus rusticus a satyrical epistle / from c.s. in the country to his friend in the city. c.-s. p. [s.n.], london : . in verse. an attack on the tory party. reproduction of original in the harvard university library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng great britain -- politics and government -- - -- poetry. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion menippeus rusticus . a satyrical epistle : from c. s. in the country , to his friend in the city . difficile est satyram non scribere — london : printed in the year . menippeus rusticus . a satyrical epistle : from c. s. in the country , to his friend in the city . thanks , which is all poor debtors can bestow , a grateful heart , my friend returns to you : to you whose kindness , tho too much mista'ne , invites me kindly up to town again . but even nature here , forbids consent ; for nature would condemn the experiment . the gluttons stomach will past surfeits shun , nor can strong hunger force the potion down : no more can i , cloy'd with its filth and noyse , for the lewd town forsake my country joy's . here a few books , supply my daily use , since like my friend's and conversation , chose : tho often read they still will reading bear ; not like our modern lines , or those i send you here . for writing's now a chronical disease , and some ought less to fear the plague , then press . for tho no emperick with inverted eyes , to the poor authors swift destruction flyes ; want , the old poets vulture far exceeds , and he 's by piecemeal starv'd , if no man reads . here , none dare friendships sacred virtue doubt , tho like joynt-stocks with you 't is jobb'd about . nor are our pleasures interspers'd with vice , unless in nooks , where your own darnells rise : here murdring lords , who rob the poor pultron of merit and of mercenary crown , seek no concealment , for they know 't is in vain , our roofs , are like our hearts , secure and plain : nor has the mobbs wise vote entrusted me to pennyworth out my country's liberty ; nor am i honoured with the ill good word of some in favour ( but designing ) lord whose generous commendam holds it just , i see him cheat my king and slight his trust ; nay , tho my country , or religion reel , i dare not hint the inward pangs i feel ; but like a long vex'd slave to get me ease , break like a brute , through the most sacred tyes : nor am i loaden with the gives law. magnets which far beyond the 〈◊〉 draw ; i wrong not any , and were all like me , none at a law-suits price , the town would see ; then paltry nokes in shabby daggl'd gown , like oars ( as once ) might ply for poor half crown , while now he struts , and with a spanish fleer , takes your six pounds , and whispers in your eare ; if ease and claret will so far permit he 'll read your brief and sleep upon 't at night . true locusts on the greens alone will prey , but with our quiet , these , take all away ; purchase our lands , then get to make our laws ; oh! how our lambs thrive in the lyons paw's ? posterity it self may curse their care , while , tinker like , our kettles they repair . then why should i , who sacred virtue love , forsake my cottage and to town remove ; want you new shrieves ? faith sir , i shan ' not fine nor was the noble r yet fixt on mine . your sheriff pollars , do it with respect , and to be theirs , we must be heav'ns elect , lie , tho not swear , and cheat howe're precise , the christian now 's known by his tongue and eyes . and show you not the tallies of the cause , y' are no ways qualify'd to break the laws ; but those apparent ( the cant runs ) we intreat ye assume the chair and banter god almighty ; swear to be true to the establish'd church , and tho 't be cedar , swear 't is birch ▪ t is birch : for wiseman never yet took oath , but when to his own mind he might that oath explain , if otherwise , sure no man that has ears but would consider somwhat , ere he swears , and sacrifice his interest , to his fears . but would it not provoke all humane spleen , to view the heads of these electing men , where pat — bustles with his empty pate , and of peculiar sweat compounds the magistrate ; leaves craving lady , and the gilt close-stool , to make his own effigies , a fool. or blinking br — ly with his crafty fleer , leaves wife more brittle , then his own crackt ware to prop up cause and place a knave i' th chair . such men , to their own calves will surely bow who not a god , above their interest know . mechanick souls obey mechanick sense , jack straw would have a thrasher for his prince . what else gave thick-scull'd w — lls the golden chain and of a taylor made a gentleman ; his wives broad haunches , never could pretend the awkard thing , their mistress to commend ; else some court planet , might have bore the shame , which now our wise electors safely claim ; how else could sneaking amsterdamvs slip the pillory , as once before the wip . when naughty boy from a good master ran and stole his cash , to found the gentleman yet now they scratch the quondam beggars itch , lord rustick neck and worship brawny breech . oh l — n far thy antient glory 's gone , turn'd prostitute , and sold to every clown ; 't is not the merit of the patriots care but 't is five hundred pounds that fill the chair ; verrtue or vice admits not a dispute , so frail il man , his lust so absolute ; witness that choice which thou may'st well repent , a choice by heaven for thy correction meant : when israel , by like headstrong passion led , a choice less scandalous in corah made ; the wise election , on swift ruin drew , and is not heaven the seat of justice now ? perjur'd and false and on a great record , well do his mighty pillars call him lord ; without a blush well do his slaves revere the dagon they advanced to grace the chair . so nebats calves , the humble type of this , kept gadly israelites from schism and vice : for solemn worship had the saints mislead , heaven might have got the converts , hell had made his wares , the cautious tradesman to expose , into back shops the cully'd chapman draws ; their suited lights his prying eyes deceive , and keep the tradesman , and his trade , alive : but he more dubious of 's conspicuous height , to show his colours opens all the light. bribes not , but rather braves the breath of fame , to tell the list'ning world , his growing shame . so aetna stretching wide her fiery jawes frights nature , for she such a prospect shows ; scarce his own favorites threats , his hands restrain , from violating all he should maintain : he swallows oaths like pills as juglers would , not for their health , but to amuse the crowd . presto , 't is gone ; and yet dissect his heart , there 's not its track in the minutest part : then who can urge its obligation , were not the first shadows of the thing appear . yet see , the pious pageant stalks about like jew , to find his lost messiah out . but first like jew , he well resolves to sind nothing to fix the weather-cock his mind . divine cameleon ! thou thy colour takes t from every priest , and every step thou mak'st true in the morning to thy solemn oath ; to pride at noon , but false at night to both . next morn , if kindly sleep has purg'd thy brain , to nothing true but the old round again . the cullied tribe that raised thee , hardly know whether th' art tvrk , mahometan , or jew . rejoicce religious patriots , rejoice , for now the peoples , is the almighty voice ; the proverbs sacred — or the authors lie , he wants the sketches of divinity : but patriot , he is , a stanch one too , hear how his heroes , swear him litchfield blew ; you laugh , and think they have mista'n the place when 't was but zeal , that led them in the race . for name a bishop , and they faster run with sceptick zeal , to pull the dagon down , then when at michaelmas a poll comes on : and should i leave , my friend , what i possess , in country shades , to taste such trash as this ? is chatting treason o●er a dish of tea like living in the country lov'd and free ? what tho republick notions be the theam , which city boobies , with authentick hem , applaud , and hug me dearly to maintain : straight the grave cod's-head , takes me home to dine , kills me with chatt ▪ and poysons me with wine , which to complete , ( for i was born to die ) he drinks fresh healths to new-born liberty . o then what visions swell his rolling eyes , while his dilirium , in a frantick dress , paints him svccession just expir'd or slain , and kindly turns ( the better ' way ) his brain . may country converse , howe're crude or dull , be still my plague , e're thus i play the fool. but since that fate is in my power to flie , i 'le further wish my generous friend and me . may no divisions rend the weighty peace which william's arms , through danger and distress , procur'd those foes who yet regret his ease ; may his great smiles fall kindly on the just , and only honest hearts 〈◊〉 be plac'd in trust . may you , with me , despise the v●tious town , this is a wish which i will always own . finis . notes, typically marginal, from the original text notes for div a -e vox populi vox dei. 〈◊〉 the law of freedom in a platform: or, true magistracy restored humbly presented to oliver cromwel, general of the common-wealths army in england. and to all english-men my brethren whether in church-fellowship, or not in church-fellowship, both sorts walking as they conceive according to the order of the gospel: and from them to all the nations in the world. wherein is declared, what is kingly government, and what is commonwealths government. by jerrard winstanley. winstanley, gerrard, b. . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing w a). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing w a estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the law of freedom in a platform: or, true magistracy restored humbly presented to oliver cromwel, general of the common-wealths army in england. and to all english-men my brethren whether in church-fellowship, or not in church-fellowship, both sorts walking as they conceive according to the order of the gospel: and from them to all the nations in the world. wherein is declared, what is kingly government, and what is commonwealths government. by jerrard winstanley. winstanley, gerrard, b. . , [ ] p. printed by j.m. for the author, and are to be sold by giles calvert at the black spred-eagle at the west end of pauls, london : . with a table of contents and advertisment page at end of text. a reissue of the other edition, with a new title page. reproduction of the original in the bodleian library. eng great britain -- politics and government -- - -- early works to . a r (wing w a). civilwar no the law of freedom in a platform: or, true magistracy restored. humbly presented to oliver cromwel, general of the common-wealths army in en winstanley, gerrard a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - judith siefring sampled and proofread - judith siefring text and markup reviewed and edited - pfs batch review (qc) and xml conversion the law of freedom in a platform : or , true magistracy restored . humbly presented to oliver cromwel , general of the common-wealths army in england . and to all english-men my brethren whether in church-fellowship , or not in church-fellowship , both sorts walking as they conceive according to the order of the gospel : and from them to all the nations in the world . wherein is declared , what is kingly government , and what is commonwealths government . by jerrard winstanley . in thee , o england , is the law arising up to shine , if thou receive and practise it , the crown it wil be thine . if thou reject , and stil remain a froward son to be , another land wil it receive , and take the crown from thee . revel. . . — — dan. . . london , printed by j. m. for the author , and are to be sold by giles calvert at the black spred-eagle at the west end of pauls . . to his excellency oliver cromwel , general of the commonwealths army in england . sir , god hath honored you with the highest honor of any man since moses time , to be the head of a people , who have cast out an oppressing pharaoh : for when the norman power had conquered our forefathers , he took the free use of our english ground from them , and made them his servants . and god-hath made you a successful instrument to cast out that conqueror , and to recover our land and liberties again , by your victories , out of that norman hand . that which is yet wanting on your part to be done , is this , to see the oppressors power to be cast out with his person ; and to see that the free possession of the land and liberties be put into the hands of the oppressed commoners of england . for the crown of honor cannot be yours , neither can those victories be called victories on your part , till the land and freedoms won be possessed by them who adventured person and purse for them . now you know sir , that the kingly conqueror was not beaten by you onely as you are a single man , nor by the officers of the army joyned to you ; but by the hand and assistance of the commoners , whereof some came in person , and adventured their lives with you ; others stayd at home , and planted the earth , and payd taxes and freequarter to maintain you that went to war . so that whatsoever is recovered from the conqueror , is recovered by a joynt consent of the commoners : therefore it is all equity , that all the commoners who assisted you , should be set free from the conquerors power with you : as davids law was ; the spoyl shall be divided between them who went to war , and them who stayd at home . and now you have the power of the land in your hand , you must do one of these two things : first , either set the land free to the oppressed commoners , who assisted you , and payd the army their wages : and then you will fulfil the scriptures and your own engagements , and so take possession of your deserved honor . or secondly , you must onely remove the conquerors power out of the kings hand into other mens , maintaining the old laws still : and then your wisdom and honor is blasted for ever ; and you will either lose your self , or lay the foundation of greater slavery to posterity then you ever knew . you know that while the king was in the height of his oppressing power , the people onely whispered in private chambers against him : but afterwards it was preached upon the house tops , that he was a tyrant and a traytor to englands peace ; and he had his overturn . the righteous power in the creation is the same still : if you , and those in power with you , should be found walking in the kings steps , can you secure your selves or posterities from an overturn ? surely no . the spirit of the whole creation ( who is god ) is about the reformation of the world , and he will go forward in his work : for if he would not spare kings , who have sat so long at his right hand , governing the world , neither will he regard you , unless your ways be found more righteous then the kings . you have the eyes of the people all the land over , nay i think i may say all neighboring nations over , waiting to see what you will do : and the eyes of your oppressed friends , who lie yet under kingly power , are waiting to have the possession given them of that freedom in the land , which was promised by you , if in case you prevailed . lose not your crown ; take it up , and wear it . but know , that it is no crown of honor , till promises and engagements made by you be performed to your friends . he that continues to the end , shall receive the crown . now you do not see the end of your work , unless the kingly law and power be removed as well as his person . jonah's gourd is a remembrancer to men in high places . the worm in the earth gnawed the root , and the gourd dyed , and jonah was offended . sir , i pray bear with me ; my spirit is upon such a lock that i must speak plain to you , lest it tell me another day , if thou hadst spoke plain , things might have been amended . the earth wherein your gourd grows is the commoners of england . the gourd is that power which covers you , which will be established to you by giving the people their true freedoms , and not otherwise . the root of your gourd is the heart of the people , groaning under kingly bondage , and desiring a commonwealths freedom in their english earth . the worm in the earth , now gnawing at the root of your gourd , is discontents , because engagements and promises made to them by such as have power , are not kept . and this worm hath three heads : the first is a spirit waiting opportunities till a blasting wind arise to cause your gourd to wither ; and yet pretends fair to you , &c. another spirit shelters under your gourd for a livelyhood , and will say as you say in all things ; and these are called honest , yet no good friends to you nor the commonwealth , but to their own bellies . there is a third spirit , which is faithful indeed , and plain dealing , and many times for speaking truth plainly he is cashiered , imprisoned , and crushed : and the oppressions layd upon this spirit kindles the fire which the two former waits to warm themselves at . would you have your gourd stand for ever ? then cherish the root in the earth ; that is , the heart of your friends , the oppressed commoners of england , by killing the worm . and nothing will kill this worm , but performance of professions , words , and promises , that they may be made free men from tyranny . it may be you will say to me , what shall i do ? i answer , you are in place and power to see all burthens taken off from your friends the commoners of england . you will say , what are those burthens ? i will instance in some , both which i know in my own experience , and which i hear the people dayly complaining of , and groaning under , looking upon you and waiting for deliverance . most people cry , we have payd taxes , given freequarter , wasted our estates , and lost our friends in the wars , and the taskmasters multiply over us more then formerly . i have asked divers this question , why do you say so ? some have answered me , that promises , oaths , and engagements have been made as a motive to draw us to assist in the wars ; that priviledges of parliament and liberties of subjects should be preserved , and that all popery , and episcopacy , and tyranny should be rooted out ; and these promises are not performed : now there is an opportunity to perform them . for first , say they , the current of succeeding parliaments is stopt , which is one of the greatest priviledges ( and peoples liberties ) for safety and peace ; and if that continue stopt , we shall be more offended by an hereditary parliament , then we were oppressed by an hereditary king . and for the commoners , who were called subjects , while the kingly conqueror was in power , have not as yet their liberties granted them ; i will instance them in order , according as the common whisperings are among the people . for say they , the burdens of the clergy remains still upon us , in a threefold nature . first , if any man declare his judgment in the things of god , contrary to the clergies report , or the mind of some high officers , they are cashiered , imprisoned , crushed , and undone , and made sinners for a word , as they were in the popes and bishops days ; so that though their names be cast out , yet their high commission courts power remains still , persecuting men for conscience sake , when their actions are unblameable . secondly , in many parishes there are old formal ignorant episcopal priests established ; and some ministers , who are bitter enemies to common-wealths freedom , and friends to monarchy , are established preachers , and are continually buzzing their subtle principles into the minds of the people , to undermine the peace of our declared commonwealth , causing a disaffection of spirit among neighbors , who otherwise would live in peace . thirdly , the burden of tythes remains still upon our estates , which was taken from us by the kings , and given to the clergy , to maintain them by one labours : so that though their preaching fill the minds of many with madness , contention , and unsatisfied doubting , because their imaginary and ungrounded doctrines cannot be understood by them , and yet we must pay them large tythes for so doing ; this is oppression . fourthly , if we go to the lawyer , we find him to sit in the conquerors chair , though the kings be removed , maintaining the kings power to the height , for in many courts and cases of law , the wil of a judg & lawyer rules above the letter of the law , and many cases and suits are lengthened to the great vexation of the clients , and to the lodging of their estates in the purse of the unbounded lawyer : so that we see , though other men be under a sharp law , yet many of the great lawyers are not , but still do act their will , as the conqueror did ; as i have heard some belonging to the law say , what cannot we do ? fifthly , say they , if we look upon the customs of the law itself , it is the same it was in the kings days , only the name is altered ; as if the 〈◊〉 of england had paid their taxes , free-quarter , and shed their blood , not to reform , but to baptize the law into a new name , from kingly law , to state law ; by reason whereof , the spirit of discontent is strengthened , to increase more suits of law , then formerly was known to be : and so as the sword pulls down kingly power with one hand , the kings old law builds up monarchy again with the other . and indeed the main work of reformation lies in this , to reform the clergy , lawyers , and law ; for all the complaints of the land are wrapped up within them three , not in the person of a king . shall men of other nations say , that notwithstanding all those rare wits in the parliament and army of england , yet they could not reform the clergy , lawyer , and law , but must needs establish all as the kings left them ? will not this blast all our honor , and make all monarchial members laugh in their sleeves , to see the government of our commonwealth to be built upon the kingly laws and principles ? i have asked divers souldiers what they fought for ; they answered , they could not tell ; and it is very true , they cannot tell indeed , if the monarchial law be established without reformation : but i wait to see what will be done ; and i doubt not but to see our commonwealths government to be built upon his own foundation . sixthly , if we look into parishes , the burdens there are many . first , for the power of lords of manors remains still over their brethren , requiring fines and heriots ; beating them off the free use of the common land , unless their brethren will pay them rent ; exacting obedience , as much as they did , and more , when the king was in power . now faith the people , by what power do these maintain their title over us ? formerly they held title from the king , as he was the conquerors successor : but have not the commoners cast out the king , and broke the band of that conquest ? therefore in equity they are free from the slavery of that lordly power . secondly , in parishes where commons lie , the rich norman free-holders , or the new ( more covetous ) gentry , over-stock the commons with sheep and cattle ; so that inferior tenants and poor laborers can hardly keep a cow , but half starve her ; so that the poor are kept poor still , and the common freedom of the earth is kept from them , and the poor have no more relief then they had when the king ( or conqueror ) was in power . thirdly , in many parishes two or three of the great ones bears all the sway , in making assessments over awing constables and other officers ; and when time was to quarter souldiers , they would have a hand in that , to ease themselves , and over-burden the weaker sort ; and many times make large sums of money over and above the justices warrant in assessments , and would give no accompt why , neither durst the inferior people demand an accompt , for he that spake should be sure to be crushed the next opportunity ; and if any have complained to committees or justices , they have been either wearied out by 〈◊〉 and waiting , or else the offence hath been by them smothered up ; so that we see one great man favored another , and the poor 〈◊〉 have no relief . fourthly , there is another grievance which the people are much troubled at , and that is this ; country people cannot sell any corn or other fruits of the earth in a market town , but they must either pay toll , or be turned out of town : now say they , this is a most shameful thing , that we must part with our estates in taxes and free-quarter to purchase the freedom of the land , and the freedom of the towns , and yet this freedom must be still given from us , into the hands of a covetous norman toll-taker , according to the kings old burdensom laws , and contrary to the liberty of a free commonwealth . now saith the whisperings of the people , the inferior tenants and laborers bears all the burdens , in laboring the earth , in paying taxes and free-quarter beyond their strength , and in furnishing the armies with souldiers , who bear the greatest burden of the war ; and yet the gentry , who oppress them , and that live idle upon their labours , carry away all the comfortable livelyhood of the earth . for is not this a common speech among the people , we have parted with our estates , we have lost our friends in the wars , which we willingly gave up , because freedom was promised us ; and now in the end we have new task-masters , and our old burdens increased : and though all sorts of people have taken an engagement to cast out kingly power , yet kingly power remains in power still in the hands of those who have no more right to the earth then our selves . for say the people , if the lords of manors and our task-masters hold title to the earth over us from the old kingly power , behold that power is beaten and cast out . and two acts of parliament are made . the one to cast out kingly power , back'd by the engagement against king and house of lords . the other to make england a free commonwealth . and if lords of mannors lay claim to the earth over us , from the armies victories over the king ; then we have as much right to the land as they , because our labours , and blood , and death of friends , were the purchasers of the earths freedome as well as theirs . and is not this a slavery , say the people , that though there be land enough in england , to maintain ten times as many people as are in it , yet some must beg of their brethren , or work in hard drudgery for day wages for them , or starve , or steal , and so be hanged out of the way , as men not fit to live in the earth , before they must be suffered to plant the waste land for their livelihood , unlesse they will pay rent to their brethren for it ? wel , this is a burthen the creation groans under ; and the subjects ( so called ) have not their birth-right freedomes granted them from their brethren , who hold it from them by club law , but not by righteousness . and who now must we be subject to , seeing the conqueror is gone ? i answer , we must either be subject to a law , or to mens wils . if to a law , then all men in england are subjects , or ought to be , thereunto : but what law that is to which every one ought to be subject is not yet established in execution . if any say the old kings laws are the rule , then it may be answered , that those laws are so full of confusion , that few knows when they obey and when not , because they were the laws of a conqueror to hold the people in subjection to the will of the conqueror ; therefore that cannot be the rule for every one : besides , we dayly see many actions done by state officers , which they have no law to justifie them in , but their prerogative will . and again if we must be subject to men , then what men must we be subject to , seeing one man hath as much right to the earth as another , for no man now stands as a conqueror over his brethren by the law of righteousness ? you will say , we must be subject to the ruler , it is true , but not to suffer the rulers to call the earth theirs and not ours , for by so doing they betray their trust , and run into the line of 〈◊〉 and we lose our freedome , and from thence 〈◊〉 and wars arise . a ruler is worthy double honour when he rules well , that is , when he himself is subject to the law , and requires all others to be subject thereunto and makes it his work to see the laws obeyed , and not his own will , and such rulers are faithfull , and they are to be subjected unto us therein , for all commonwealths rulers are servants to , not lords and kings over the people . but you will say , is not the land your brothers ? and you cannot take away 〈◊〉 mans right by claiming a share therein with him . i answer , it is his either by creation right , or by right of conquest : if by creation right he call the earth his and not mine ; then it is mine as well as his , for the spirit of the whole creation , who made us both , is no respecter of persons . and if by conquest he call the earth his and not mine , it must be either by the conquest of the kings over the commoners , or by the conquest of the commeners over the kings . if he claim the earth to be his from the kings conquest , the kings are beaten and cast out and that title is undone . if he claim title to the earth to be his from the conquest of the commoners over the kings , then i have right to the land as well as my brother , for my brother , without me , nor i without my brother , did not cast out the kings , but both together assisting with person and purse , we prevailed , so that i have by this victory as equall a share in the earth which is now redeemed as my brother , by the law of righteousnesse . if my brother still say he will be landlord ( through his covetous ambition ) and i must pay him rent , or else i shall not live in the land , then does he take my right from me , which i have purchased by my money in taxes , free quarter and blood . and o thou spirit of the whole creation , who hath this title to be called king of righteousness , and prince of peace ; judge thou between my brother and me , whether this be righteous , &c. and now , say the people , is not this a grievous thing that our brethren that will be landlords right or wrong , will make laws , and call for a law to be made to imprison , crush , nay put to death , any that denies god , christ , and scripture ; and yet they will not practise that golden rule , do to another as thou wouldst have another do to thee , which god , christ , and scriptures , hath enacted for a law ? are not these men guilty of death by their own law , which is the words of their own mouth ? is it not a flat denyall of god and scripture ? o the confusion and thick darkness that hath over-spread our brethren is very great , i have no power to remove it , but lament it in the secrets of my heart ; when i see prayers , sermons , fasts , thanksgiving , directed to this god in words and-shews , and when i come to look for actions of obedience to the righteous law , suitable to such a profession , i finde them men of another nation , saying , and not doing ; like an old courtier saying your servant , when he was an enemy . i wil say no more , but groan and waite for a restoration . thus sir , i have reckoned up some of those burdens which the people groan under . and i being sensible hereof was moved in my self , to present this platform of commonwealths government unto you , wherein i have declared a full commonwealths freedome , according to the rule of righteousness , which is gods word . it was intended for your view above two years ago , but the disorder of the times caused me to lay it aside , with a thought never to bring it to light , &c. likewise i hearing that m. peters and some others propounded this request , that the word of god might be consulted with to finde out a healing government , which i liked well , and waited to see such a rule come forth , for there are good rules in the scripture if they were obeyed and practised : thereupon i laid aside this in silence , and said , i would not make it publick ; but this word was like fire in my bones ever and anon , thou shalt not bury thy talent in the earth , therefore i was stirred up to give it a 〈◊〉 , and to pick together as many of my scattered papers as i could finde , and to compile them into this method , which i do here present to you , and do quiet my own spirit . and now i have set the candle at your door , for you have power in your hand , in this other added opportunity , to act for common freedome if you will ; i have no power . it may be here are some things inserted which you may not like , yet other things you may like , therefore i pray you read it , and be as the industrious bee , suck out the honey and cast away the weeds . though this platform be like a peece of timber rough hewd , yet the discreet workmen may take it , and frame a handsome building out of it . it is like a poor man that comes cloathed to your door in a torn country garment , who is unacquainted with the learned citizens unsetled forms and fashions ; take of the clownish language , for under that you may see beauty . it may be you will say , if tythes be taken from the priests and impropriators , and copy-hold services from lords of mannors , how shal they be provided for again ; for is it not unrighteous to take their estates from them ? i answer , when tythes were first enacted , and lordly power drawn over the backs of the oppressed , the kings and conquerors made no seruple of conscience to take it , though the people lived in sore bondage of poverty for want of it ; and can there be seruple of conscience to make restitution of this which hath been so long stoln goods ? it is no scruple arising from the righteous law , but from 〈◊〉 , who goes away sorrowfull to heare he must part with all to follow righteousness and peace . but though you do take away tythes , and the power of lords of mannors , yet there will be no want to them , for they have the freedome of the common stock , they may send to the storehouses for what they want , and live more free then now they do , for now they are in care and vexation by servants , by casualties , by being cheated in buying and selling , and many other incumbrances , but then they will be free from all , for the common store-houses is every 〈◊〉 , not any ones . is not buying and selling a righteous law ? no , it is the law of the conqueror , but not the righteous law of creation : how can that be righteous which is a cheat ? 〈◊〉 is not this a common practise , when he hath a bad horse or cow , or any bad commodity , he will send it to the market , to cheat some simple plain hearted man or other , and when he comes home , will laugh at his neighbours hurt , and much more &c. when mankinde began to buy and sell , then did he fall from his innocency ; for then they began to 〈◊〉 and cozen one another of their creation birth-right : as for example ; if the land belong to three persons , and two of them buy and sell the earth , and the third give no consent , his right is taken from him , and his posterity is engaged in a war . when the earth was first bought and sold , many gave no consent : as when our crown lands , and bishops lands were sold , some foolish soldiers yeelded , and covetous officers were active in it , to advance themselves above their brethren : but many , who payd taxes and freequarter for the purchase of it , gave no consent , but declared against it , as an unrighteous thing , depriving posterity of their birth-rights and freedoms . therefore this buying and selling did bring in , and still doth bring in , discontents and wars , which have plagued mankinde sufficiently for so doing . and the nations of the world will never learn to beat their swords into plowshares , and their spears into pruning hooks , and leave of warring , until this cheating device of buying and selling be cast out among the rubbish of kingly power . but shall not one man be richer then another ? there is no need of that ; for riches make men vain-glorious , proud , and to oppress their brethren ; and are the occasion of wars . no man can be rich , but he must be rich , either by his own labors , or by the labors of other men helping him : if a man have no help 〈◊〉 his neighbor , he shall never gather an estate of hundreds and thousands a year : if other men help him to work , then are those riches his neighbors , as well as his ; for they be the fruit of other mens labors as well as his own . but all rich men live at ease , feeding and clothing themselves by the labors of other men , not by their own ; which is their shame , and not their nobility ; for it is a more 〈◊〉 thing to give then to receive : but rich men receive all they have from the laborers hand , and what they give , they give away other mens labors , not their own ; therefore they are not righteous actors in the earth . but shall not one man have more titles of honor then another ? yes : as a man goes through offices , he rises to titles of honor , till he comes to the highest nobility , to be a faithful commonwealths man in a parliament house . likewise he who findes out any secret in nature , shall have a title of honor given him , though he be a young man . but no man shall have any title of honor till he win it by industry , or come to it by age , or office-bearing . every man that is above sixty years of age shall have respect as a man of honor by all others that are younger , as is shewed hereafter . shall every man count his neighbors house as his own , and live together as one family ? no : though the earth and storehouses be common to every family , yet every family shall live apart as they do ; and every mans house , wife , children , and furniture for ornament of his house , or any thing which he hath fetched in from the storehouses , or provided for the necessary use of his family , is all a propriety to that family , for the peace thereof . and if any man offer to take away a mans wife , children , or furniture of his house , without his consent , or disturb the peace of his dwelling , he shall suffer punishment as an enemy to the commonwealths government ; as is mentioned in the platform following . shall we have no lawyers ? there is no need of them , for there is to be no buying and selling ; neither any need to expound laws ; for the bare letter of the law shall be both judg and lawyer , trying every mans actions : and seeing we shall have successive parliaments every year , there will be rules made for every action a man can do . but there is to be officers chosen yearly in every parish , to see the laws executed according to the letter of the laws ; so that there will be no long work in trying of offences , as it is under kingly government , to get the lawyers mony , and to enslave the commoners to the conquerors prerogative law , or will . the sons of contention , simeon and levi , must not beat rule in a free commonwealth . at the first view , you may say , this is a strange government : but i pray judg nothing before tryal . lay this platform of commonwealths government in one scale , and lay monarchy , or kingly government , in the other scale , and see which give true weight to righteous freedom and peace . there is no middle path between these two ; for a man must either be a free and true commonwealths man , or a monarchial tyrannical royalist . if any say , this will bring poverty ; surely they mistake : for there will be plenty of all earthly commodities , with less labor and trouble then now it is under monarchy . there will be no want , for every man may keep as plentiful a house as he will , and never run into debt , for common stock pays for all . if you say , some will live idle ; i answer , no : it will make idle persons to become workers , as is declared in the platform ; there shall be neither beggar nor idle person . if you say , this will make men quarrel and fight : i answer , no : it will turn swords into plowshares , and settle such a peace in the earth , as nations shall learn war no more . indeed the government of kings is a breeder of wars , because men being put into the straits of poverty , are moved to fight for liberty , and to take one anothers estates from them , and to obtain mastery . look into all armies , and see what they do more , but make some poor , some rich ; put some into freedom , and others into bondage : and is not this a plague among mankinde ? well , i question not but what objections can be raised against this commonwealths government , they shall finde an answer in this platform following . i have been something large , because i could not contract my self into a lesser volume , having so many things to speak of . i do not say , nor desire , that every one shall be compelled to practise this commonwealths government ; for the spirits of some will be enemies at first , though afterwards will prove the most cordial and true friends thereunto . yet i desire , that the commonwealths land , which is the ancient commons and waste land , and the lands newly got in , by the armies victories , out of the oppressors hands , as parks , forests , chases , and the like , may be set free to all that have lent assistance , either of person , or purse , to obtain it ; and to all that are willing to come in to the practice of this government , and be obedient to the laws thereof : and for others , who are not willing , let them stay in the way of buying and selling , which is the law of the conqueror , till they be willing . and so i leave this in your hand , humbly prostrating my self and it before you , and remain novemb. . . a true lover of commonwealths government , peace , and freedom , jerrard winstanley . to the friendly and unbyassed reader . reader , it was the apostles advice formerly , to try all things , and to hold fast that which is best . this platform of government which i offer , is the original righteousness and peace in the earth , though he hath been buried under the clods of kingly covetousness , pride and oppression a long time . now he begins to have his resurrection , despise it not while it is small ; though thou understand it not at the first sight , yet open the door , and look into the house , for thou mayst see that which will satisfie thy heart in quiet rest . to prevent thy hasty rashness , i have given thee a short compendium of the whole . first , thou knowest that the earth in all nations is governed by buying and selling , for all the laws of kings hath relation thereunto . now this platform following declares to thee the government of the earth without buying and selling , and the laws are the laws of a free and peaceable commonwealth , which casts out every thing that offends ; for there is no pricking briar in all this holy mountain of the righteous law , or peaceable ruler . every family shall live apart , as now they do ; every man shall enjoy his own wife , and every woman her own husband , as now they do ; every trade shall be improved to more excellency then now it is ; all children shall be educated , and be trained up in subjection to parents and elder people more then now they are : the earth shall be planted , and the fruits reaped , and carried into store-houses by common assistance of every family : the riches of the store-houses shall be the common stock to every family : there shall be no idle person nor begger in the land . and because offences may arise from the spirit of unreasonable ignorance , therefore was the law added . for if any man abuse his neighbor , by provoking words , by striking his person , by offering offence to his neighbors wife or children , or to his house or furaiture there in , or to live idle upon other mens labours , here are laws to punish them sharply , and officers to see those laws executed , according to the right order of commonwealths government , for the peace of every familyin the land . this commonwealths government unites all people in a land into one heart and mind : and it was this government which made moses to call abrahams seed , one house of israel , though they were many tribes and many families : and it may be said , blessed is the people , whose earthly government is the law of common righteousness . while israel was under this commonwealths government , they were a terror to all oppressing kings in all nations of the world ; and so will england be , if this righteous law become our governor : but when the officers of israel began to be covetous and proud , they made a breach , or as isaiah said , the rulers of the people caused them to err ; and then the government was altered , and fell into the hand of kings , like other nations , and then they fled before their enemies , and were scattered . the government of kings , is the government of the scribes and pharisees , who count it no freedom , unless they be lords of the earth , and of their brethren : but commonwealths government is the government of righteousness and peace , who is no respecter of persons . therefore reader here is a tryal for thy sincerity ; thou shalt have no want of food , rayment , or freedom among brethren in this way propounded : see now if thou 〈◊〉 be content , as the scriptures say , having food and rayment , therewith be content , and grudg not to let thy brother have the same with thee . dost thou pray and fast for freedom , and give god thanks again for it ? why know that god is not partial ; for if thou pray , it must be for freedom to all ; and if thou give thanks , it must be because freedom covers all people , for this will prove a lasting peace . every one is ready to say , they fight for their country , and what they do , they do it for the good of their country . well , let it appear now that thou hast fought and acted for thy countries freedom : but if when thou hast power to settle freedom in thy country , thou tukest the possession of the earth into thy own particular hands , and makest thy brother work for thee , as the kings did , thou hast fought and acted for thy self , not for thy country ; and here thy inside 〈◊〉 is discovered . but here take notice , that common freedom , which is the rule i would have practised , and not talked on , was thy pretence ; but particular freedom to thy self was thy intent . 〈◊〉 or else thou wilt be shamed , when knowledg doth spread to cover the earth , even as the waters cover the seas . and so farewell . j. w. the law of freedom in a platform ; or , true magistracy restored , chap. i. the great searching of heart in these days , is to finde out where true freedom lies , that the commonwealth of england might be established in peace . some say , it lies in the free use of trading , and to have all pattents , licenses , and restraints removed : but this is a freedom under the will of a conqueror . others say , it is true freedom to have ministers to preach , and for people to hear whom they will , without being restrained or compelled from or to any form of worship : but this is an unsetled freedom . others say , it is true freedom to have community with all women , and to have liberty to satisfie their lusts and greedy appetites : but this is the freedom of wanton unreasonable beasts , and tends to destruction . others say , it is true freedom , that the elder brother shall 〈◊〉 landlord of the earth , and the younger brother a servant : and this is but a half freedom , and 〈◊〉 murmurings , wars , and quarrels . all these , and such like , are freedoms : but they lead to bondage , and are not the true foundation-freedom which settles a commonwealth in peace . true commonwealths freedom lies in the free enjoyment of the earth . true freedom lies where a man receives his nourishment and preservation , and that is in the use of the earth : for as man is compounded of the four materials of the creation , fire , water , earth , and ayr ; so is he preserved by the compounded bodies of these four , which are the fruits of the earth ; and he cannot live without them : for take away the free use of these , and the body languishes , the spirit is brought into bondage , and 〈◊〉 length departs , and ceaseth his motional action in the body . all that a man labors for , saith solomon , is this , that he may enjoy the free use of the earth , with the fruits thereof . eccles. . . do not the ministers preach for maintenance in the earth ? the lawyers plead causes to get the possessions of the earth ? doth not the soldier fight for the earth ? and doth not the landlord require rent , that he may live in the fulness of the earth by the labor of his tenants ? and so , from the thief upon the high way to the king who sits upon the throne , do not every one strive , either by force of arms , or secret cheats , to get the possessions of the earth one from another , because they see their freedom 〈◊〉 in plenty , and their bondage lies in poverty ? surely then , oppressing lords of manors , exacting landlords , and tythe-takers , may as well say , their brethren shall not breathe in the ayr , nor enjoy warmth in their bodies , nor have the moyst waters to fall upon them in showres , unless they will pay them rent for it : as to say , their brethren shall not work upon earth , nor eat the fruits thereof , unless they will hire that liberty of them : for he that takes upon him to restrain his brother from the liberty of the one , may upon the same ground restrain him from the liberty of all four ; viz. fire , water , earth , and ayr . a man had better to have had no body , then to have no food for it ; therefore this restraining of the earth from brethren by brethren , is oppression and bondage ; but the free enjoyment thereof is true freedom . i speak now in relation between the oppressor and the oppressed ; the inward bondages i meddle not with in this place , though i am assured that if it be rightly searched into , the inward bondages of the minde , as 〈◊〉 , pride , hypocriste , envy , sorrow , fears , desperation , and madness , are all occasioned by the outward bondage , that one sort of people lay upon another . and thus far natural experience makes it good , that true freedom lies in the free enjoyment of the earth . if we look into the old scriptures , we finde , that when israel had conquered the nations , he took 〈◊〉 of the enemies land , and divided it by lot among the tribes , counting the enjoyment of the earth their perfect freedom . in the beginning of their wars they first sent spies to view the land of canaan , ( numb. . . to . ) for the enjoyment of that was the freedom they aymed at ; for being so long in the barren wilderness , and children multiplying upon them , they wanted land to live upon , deut. . . and when the spies returned , and shewed them the fruits of the land , and had declared what a fruitful land it was , they were encouraged and restless till they were come thither ; and when they heard bad tydings of the land , their hearts fell , and they were discouraged . and when the spirit of wisdom , courage and providence in them had subdued those gyants , and had given the house of israel the land of canaan , the rulers and chief officers of israels army did not divide the land among themselves ; but being faithful spirited men , they forthwith divided the land by lot , to every tribe his portion without exception . and when israel intreated the king of syhon , to suffer him to pass through his land , he would not suffer him , but gathered all his people together and sought with israel ; and the lord gave syhon into israels hand : and he took possession of his land . so that we see by scripture proof likewise , the land is that which every one place their freedom in . if we look into the practise of kings , and conquerors , since the scriptures of moses were writ , we finde they placed their freedom in the enjoyment of the free use of the earth . when william duke of normandy had conquered england , he took possession of the earth for his freedom , and disposed of our english ground to his friends as he pleased , and made the conquered english his servants , to plant the earth for him and his friends . and all kings , from his time to king charles , were successors of that conquest ; and all laws were made to confirm that conquest . for there are his old laws and statutes yet to be read , that do shew how he allowed the conquered english but three pence , and four pence a day for their work , to buy them bread of their task-masters ; but the freedom of the earth he and his friends kept in their own hands . and as kings , so the old gentry , and the new gentry likewise , walking in the same steps , are but the successors of the norman victory . but are not the normans and their power conquered , by the commoners of england ; and why then should we not recover the freedom of our land again , from under that yoak and power . then further , the norman conqueror made laws , whereby this english earth should be governed , and appointed two national officers to see those laws performed . the first officer was the lawyer ; and his work is conversant about nothing , but the disposing of the earth , and all courts of judicature , and snits of law , is about the ordering of the earth ; according to his law made by him and his party . the next officer was the national clergie ; and their work was to perswade the multitude of people to let william the conqueror alone with a quiet possession and government 〈◊〉 the earth , and to call it his and not theirs , and so not to rebell against him . and they were to tell the people , 〈◊〉 they would acknowledge william duke of normandy and his 〈◊〉 〈◊〉 be their lord , king and ruler , and would be obedient to his government ; then they should live in the haven , that is , in peace ; and they should quietly enjoy their land which they rented , their houses and fruits of their labors without disturbance . but if they would not acknowledg him to be their lord , king and ruler , nor submit to his government , then they should be cast into hell ; that is , into the sorrows of prisons , poverty , whips , and death : and their houses and riches should be taken from them , &c. and this was a true prophetical and experimental doctrine : for do we not see , that the laws of a king , while a king , had the power of life and death in them ? and he who fell under the power of this lord , must pay the uttermost farthing , before he was released . and for their pains for thus preaching , the king established by his laws , that they should have the tenth of the encrease of all profits from the earth , ( sam. . . ) placing their freedom where he placed his own , and that is in the use of the earth brought into their hands by the labors of the enslaved men . but in after times , when this national ministry appeared to the people to be but hirelings , and as the people grew in knowledg they discovered their hypocrisie more and more , as they do in these days : then this clergy ( the spirit of the old pharisees ) began to divine and to deceive the people by a shew of holiness , or spititual doctrine , as they call it , difficult to be understood by any but themselves ; perswading the people to beleeve or fancy , that true freedom lay in hearing them preach , and to enjoy that heaven , which they say , every man who beleeves their doctrine , shall enjoy after he is dead : and so tell us of a heaven and hell after death , which neither they nor we know what wil be : so that the whole world is at a loss in the true knowledg thereof , as solomon said , who shall bring him to see what shall be after he is dead ? eccles. . . & . . the former hell of prisons , whips and gallows they preached to keep the people in subjection to the king : but by this divined hell after death , they preach to keep both king and people in aw to them , to uphold their trade of tythes and new rased maintenance : and so having blinded both king and people , they become the god that rules : this subtle divining spirit is the whore that sits upon many waters : this is nahash the amonite , that would not make peace with israel , unless israel would suffer him to put out their right eyes , and to see by his , sam. . . for so long as the people call that a truth which they call a truth , and believe what they preach , and are willing to let the clergy be the keepers of their eyes and knowledg ; that is as much as nahash did , put out their eyes to see by theirs , then all is well , and they tell the people they shall go to heaven . but if the eyes of the people begin to open , and they seek to find knowledg in their own hearts , and to question the ministers doctrine , and become like unto wise-hearted thomas , to believe nothing but what they see reason for : then do the ministers prepare war against that man or men , and will make no covenant of peace with him , till they consent to have their right eyes put out , that is , to have their reason blinded , so as to believe every doctrine they preach , and never question any thing , saying , the doctrine of faith must not be tryed by reason : no , for if it be , their mystery of iniquity will be discovered , and they would lose their tythes . therefore no marvel though the national clergy of england and scotland , who are the tything priests and lords of blinded mens spirits , stuck so close to their master the king , and to his monarchial oppressing government ; for say they , if the people must not work for us , and give us tythes , but we must work for our selves , as they do , our freedom is lost : i , but this is but the cry of an egyptian task-master , who counts other mens freedom his bondage . now if the earth could be enjoyed in such a maner as every one might have provision , as it may by this platform i have offered , then will the peace of the commonwealth be preserved , and men need not act so hypocritically as the clergy do , and others likewise to get a living : but when some shall enjoy great possessions , and others who have done as much or more for to purchase freedom , shall have none at all , and be made slaves to their brethren , this begets offences . the glory of israels commonwealth is this , they had no begger among them . as you read , when they had conquered the canaanites , and won that land , by the purchase of the blood and labour , and by a joynt assistance throughout the whole tribes of israel ; the officers and leaders of the people did not sell the land again to the remainder of their enemies , nor buy and sell it among themselves , and so by cheating the people set up a new oppression upon a new account ; neither did they fall a parting the land before the crowning victory was gotten : but they forbore the disposing of the land till the war was over , and all the tribes stuck close together till all the fighting work was done . and when they saw the enemies heart was broke , and that now they were the masters of the field , then they quietly took possession of the land as a free reward for all their hazards and labour . the officers and leaders were careful to keep promise and engagements to the people , and there was no treachery found in them , as to inrich themselves with the commonwealths land , and to deprive others of the price of their blood , and free-quarter , and taxes . but they made canon with all the crown lands therein , and all other forfeited lands , which was gotten by a joynt assistance of person and purse of all the tribes . the scriptures say , they made this canon land a common treasury of livelyhood to the whole commonwealth of israel , and so disposed of it , as they made provision for every tribe , and for every family in a tribe , nay for every particular man in a family , every one had enough , no man was in want , there was no beggery among them . they did not divide this land only to particular men who went out to war , but they who stayd at home had an equal share ; they did not make one brother a lord of manor and landlord , and other brothers to be servants to them : but seeing the enemies were beaten , not by the counsellors only , not by the leaders of the army only , but by the common souldiers also ; and not only by them , but by the laborers who staid at home to provide victuals and free-quarter : therefore did the counsellors and chief officers of the army agree to make provision for every one that assisted , either by person or purse ; and this was pure righteousness . and to those families in a tribe which had many persons in it , to them they allotted more land ; and to those families which had less number of persons , they allotted less land : so that not only the tribes in general , but every family and person in a tribe , younger brother as well as elder brother , he who wrought at home to provide food , as well as he that went to war , all had sufficient , there was no want , the oppression of beggary was not known among them ; all burdens were taken of , and israel in all his tribes and families was made a free commonwealth in power , as well as in name , sam. . . josh. . , & . chapters . and thus the land was divided , and the whole land was the common stock , every one had a brotherly freedom therein , for the freedom of the one was the freedom of the other , there was no difference in that , they were men of true faithful and publick spirits , notfalse-hearted . and so likewise when esther prevailed with king ahasuerus for freedom , she did not seek her own freedom and interest , but the freedom of all her kindred and friends ; for common freedom was that which men of righteous spirits always sought after . all that i shall say is this , o that those who pretend to set up a gospel-commonwealth in england , scotland , and ireland , would not be worse then moses , but rather exceed moses , knowing that if this our english commonwealths government carry perfect freedom in his hand , then shall the law go forth from england to all the nations of the world . this foundation being layd from the example of israels common-wealth , and testimony of gods word , i shall proceed how the earth shall be governed for the peace of a common-wealth : but by the way , to prevent mistake , i shall insert a short declaration to take of prejudice . some hearing of this common freedom , think there must be a community of all the fruits of the earth whether they work or no , therefore strive to live idle upon other mens labours . others , through the same unreasonable beastly ignorance , think there must be a community of all men and women for copulation , and so strive to live a bestial life . others think there will be no law , but that every thing will run into confusion for want of government ; but this platform proves the contrary . therefore because that transgression doth and may arise from ignorant and rude fancy in man , is the law added . that which true ringhteousness in my judgment calls community , is this , to have the earth set free from all kingly bondage of lords of manors , and oppressing landlords , which came in by conquest ; as a thief takes a true mans purse upon the high-way , being stronger then he . and that neither the earth , nor any fruits thereof , should be bought or sold by the inhabitants one among another , which is a slavery the kingly conquerors have brought in , therefore he set his stamp upon silver , that every one should buy and sell in his name . and though this be , yet shall not men live idle ; for the earth shall be planted and reaped , and the fruits carried into barns and store-houses by the assistance of every family , according as is shewed hereafter in order . every man shall be brought up in trades and labours , and all trades shall be maintained with more improvement , to the inriching of the common-wealth , more then now they be under kingly power . every tradesman shall fetch materials , as leather , wool , flax , corn , and the like , from the publike store-houses to work upon without buying and selling ; and when particular works are made , as cloth , shooes , hats , and the like , the tradesmen shall bring these particular works to particular shops , as it is now in practise , without buying and felling . and every family as they want such things as they cannot make , they shall go to these shops , and fetch without money , even as now they fetch with money , as hereafter is shewed how in order . if any say , this will nurse idleness ; i answer , this platform proves the contrary , for idle persons and beggers will be made to work . if any say , this will make some men to take goods from others by violence , and call it theirs , because the earth and fruits are a common stock ; i answer , the laws or rules following prevents that ignorance : for though the store-houses and publike shops be commonly furnished by every families assistance , and for every families use , as is shewed hereafter how : yet every mans house is proper to himself , and all the furniture therein , and provision which he hath fetched from the store-houses is proper to himself ; every mans wife and every womans husband proper to themselves , and so are their children at their dispose till they come to age . and if any other man endeavor to take away his house , furniture , food wife , or children , saying , every thing is common , and so abusing the law of peace , such a one is a transgressor , and shall suffer punishment , as by the government and laws following is expressed . for though the publike store-houses be a common treasury , yet every mans particular dwelling is not common , but by his consent , and the commonwealths laws are to preserve a mans peace in his 〈◊〉 , and in his private dwelling , against the rudeness and ignorance that may arise in mankind . if any man do force or abuse women in folly , pleading community , the laws following do punish such ignorant and unrational practise ; for the laws of a commonwealth are laws of moderate diligence , and purity of manners . therefore i desire a patient reading of what hereafter follows ; and when you have heard the extent of commonwealths government or freedom , then weigh it in the ballance with kingly government or bondage , and see whether brings most peace to the land , and establish that for government . for you must either establish commonwealths freedom in power , making provision for every ones peace , which is righteousness ; or else you must set up monarchy again . monarchy is twofold ; either for one king to rule , or for many to rule by kingly principles ; for the kings power lies in his laws , not in the name : and if either one king rule , or many rule by kings principles , much murmuring , 〈◊〉 , troubles and quarrels may and will arise among the oppressed people upon every gained opportunity . but if common freedom be found out , and ease the oppressed , it prevents murmurings and quarrels , and establishes universal peace in the earth . therefore seeing the power of government is in the hands of such as have professed to the world a godly righteousness , more purely then that of oppressing kings , without doubt their faithfulness and wisdom is required to be manifested in action , as well as in words . but if they who profess more righteousness and freedom in words then the kings government was , and yet can find out no government to ease the people , but must establish the kings old laws , though they give it a new name ; i will leave the sentence , worthy such a profession and such a people , to be given by the heart of every rational man : and so i shall proceed how the earth should be governed for the peace of a commonwealth . chap. ii. what is government in general . government is a wise and free ordering of the earth , and the manners of mankind by observation of particular laws or rules , so that all the inhabitants may live peaceably in plenty and freedom in the land where they are born and bred . in the government of a land there are three parts , viz. laws , sit officers , and a faithful execution of those laws . first , there must be suitable laws for every occasion , and almost for every action that men do ; for one law cannot serve in all 〈◊〉 , but every season and every action have their particular laws attending thereupon for the preservation of right order : as for example ; there is a time to plow , and the laws of right understanding attends upon that work ; and there is a time to reap the fruits of the earth , and the laws of right observation attending thereupon . so that true government is a right ordering of all actions , giving to every action and thing its due weight and measure , and this prevents confusion , as solomon speaks , there is a time for all things ; a time to make promises and engagements , and a time to see them performed ; a right order in times of war , and a right order in times of peace ; every season and time having its law or rule suitable , and this makes a healthful government , because it preserves peace in a right order . secondly , there must be fit officers , whose spirits are so humble , wise , and free from covetousness , as they can make the established laws of the land their will ; and not through pride and vain-glory , make their wills to rule above the rules of freedom , pleading prerogative . for when the right ordered laws do rule , the government is healthful ; but when the will of officers rule above law , that government is diseased with a mortal disease . thirdly , there must be a faithful execution of those laws ; and herein lies the very life of government : for a right order in government lies not in the will of officers without laws , nor in laws without officers , nor in neither of them without execution : but when these three go hand in hand , the government is healthful ; but if any one of these be wanting , the government is diseased . there is a twofold government , a kingly government , and a common-wealths government . what is kingly government or monarchy ? kingly government governs the 〈◊〉 by that cheating art of buying & selling , and thereby becomes a man of contention , his hand is against every man , and every mans hand against him : and take this government at the best , it is a diseased government , and the very city babylon , full of confusion : and if it had not a club law to support it , there would be no order in it , because it is the 〈◊〉 and proud will of a conqueror , enslaving a conquered people . this kingly government is he who beats pruning hooks and plows , into spears , guns , swords , and instruments of war ; that he might take his younger brothers creation birth-right from him , calling the 〈◊〉 his , and not his brothers , unless his brother will hire the earth of him , so that he may live idle and at ease by his brothers labours . indeed this government may well be called the government of high-way men , who hath stoln the earth from the younger brethren by force , and holds it from them by force ; he sheds blood not to free the people from oppression , but that he may be king and ruler over an oppressed people . the seituation of this monarchial government lies in the will of kings , alias conquerors , setting up lords of manors , exacting landlords , tything priests , and covetous lawyers , with all those pricking bryars attending thereupon , to be taskmasters to oppress the people , lest they should rise up in riches and power to disthrone him , and so to share the earth with him , redeeming their own creation rights again , which this kingly government withholds from mankind in all nations ; for he is the great man of sin , who is now revealed , who sits in the temple of god , ruling above all that is called god , and both by force and cheating policy takes the peoples freedoms from them , exod. . . thes. . . . this kingly government is he that makes the elder brethren freemen in the earth , and the younger brethren slaves in the earth , before they have lost their freedom by transgression to the law . nay he makes one brother a lord , and another a servant , while they are in their mothers womb , before they have done either good or evil : this is the mighty ruler , that hath made the election and rejection of brethren from their birth to their death , or from eternity to eternity . he calls himself the lord god of the whole creation , for he makes one brother to pay rent to another brother for the use of the water , earth , and ayr , or else he will not suffer him by his laws and lawyers to live above ground , but in beggery , and yet he will be called righteous . and whereas the scriptures say , that the creator of all things ( god ) is no respecter of persons , yet this kingly power doth nothing else but respect persons , preferring the rich and the proud ; therefore he denies the scriptures , and the true god of righteousness , though he pray and preach of the scriptures , and keep fasts and thanksgiving-days to god , to be a cloak to hide his oppression from the people , whereby he shews himself to be the great antichrist , 〈◊〉 mystery of iniquity , that makes war with christ and his saints under pretence of owning him . the great law-giver of this kingly government , is covetousness , ruling in the heart of mankind , making one brother to covet a full possession of the earth , and a lordly rule over another brother , which he will have , or else he will inslave or kill his brother ; for this is cain , who killed abel : and because of this , he is called the great red dragon , the god of this world , the oppressor , under which the whole creation hath 〈◊〉 a long time , waiting to be delivered from him . the rise of kingly government is twofold . first , by a politick wit , in drawing the people out of common freedom into a way of common bondage ; for so long as the earth is a common treasury to all men , kingly covetousness can never raign as king : therefore his first device was , to put the people to buy and sell the earth and the fruits one to another ; for this would beget discontents , and muddy the waters . and when this spirit of monarchy hath drawn the people into the way of buying and selling , and the people begin to vex one another , then began his opportunity to raign . for in that man wherein this kingly spirit seats himself , he tells the people that are wronged , well , i 'le ease you , and i 'le set things to rights : and then he went about to establish buying and selling by law , whereby the people had some ease for a time , but the cunning machavilian spirit got strength thereby to settle himself king in the earth . for after some time the people through ignorance began to multiply suits of law one against another , and to quarrel and fight : now saith this subtle spirit , come follow me , to one sort of people that are oppressed , and stick to me , and we will fight with those who wrong you ; and if we conquer them , then we will govern the earth as we please , and they shall be our servants , and we will make them work for us . thereupon one sort of people followed one head , and another sort of people followed another head , and so wars began in the earth , and mankind fell a fighting , one part conquering and enslaving another : and now man is faln from his innocency , and from the glory of the spirit of common freedom , love and peace , into enmity ; every one striving to be king one over another ; every one striving to be a landlord of the earth , and to make his brother his servant to work for him . but still here is disorder , therefore this subtle spirit of darkness goes further , and tells the people , you must make one man king over you all , and let him make laws , and let every one be obedient thereunto : and when the people consented thereunto , they gave away their freedom , and they set up oppression over themselves . and this was the rise of kingly power ; first , by policy , drawing the people from a common enjoyment of the earth , to the crafty art of buying and selling : secondly , to advance himself by the power of the sword , when that art of buying and selling had made them quarrel among themselves . so that this spirit of monarchy it is the spirit of subtilty and covetousness , filling the heart of mankind with enmity and ignorance , pride and vain-glory , because the strong destroys the weak ; and so one scripture calls this the power and government of the beast , another scripture calls it the god of this world , or the devil : for indeed the monarchial spirit is the power of darkness , for it is the great thick cloud , that hath hid the light of the sun of righteousness from shining in his full strength a long time . and though this kingly spirit doth call buying and selling a righteous thing , thereby to put the simple younger brother upon it , yet he will destroy it as he pleaseth , by pattents , licenses , or monopolizing . or else he will at his pleasure take away the riches which his younger brother hath got by trading , and so still lift up himself above his brother . and as he rise to the throne by the crafty art of buying and selling , and by the sword , so he is maintained upon the throne by the same means . and the people now see , that kingly power is the oppressor , and the maintainers thereof are called oppressors by the ancient writers of the bible . this kingly power is the old heaven , and the old earth , that must pass away , wherein unrighteousness , oppression and partiality dwells . for indeed we never read , that the people began to complain of oppression , till kingly government rose up , which is the power of covetousness and pride ; and which samuel sets forth to be a plague and a curse upon the people in the first rise of it . he will take your sons and your daughters to be his servants , and to run before his charets , to plant his ground , and to reap his harvest : he will take your fields , your vineyards and oliveyards , even the best of them , and give to his servants as pleaseth him : he will take the tenth of your seed , and of your vineyards , and give to his officers , or ministers . sam. . and this was that god , who appointed the people to pay tythes to the clergy . and many other oppressions did the kingly government bring upon the people , as you may read at large in samuel . read sam. . from vers. . to . the winter 's past , the spring time now appears , be gone thou kingly tyrant , with thy cavaliers . thy day is past , and sure thou dost appear to be the bond-mans son , and not the free-born heir . matt. . . what is commonwealths government ? commonwealths government governs the earth without buying and selling ; and thereby becomes a man of peace , and the restoter of ancient peace and freedom : he makes provision for the oppressed , the weak and the simple , as well as for the rich , the wise and the strong : he beats swords and spears into pruning hooks and plows ; he makes both elder and younger brother free-men in the earth . micah . , . isai. . . & . , to . all slavertes and oppressions , which have been brought upon mankinde by kings , lords of manors , lawyers , and landlords , and the divining clergy , are all cast out again by this government , if it be right in power , as well as in name . for this government is the true restorer of all long lost freedoms , and so becomes the joy of all nations , and the blessing of the whole earth : for this takes off the kingly curse , and makes jerusalem a praise in the earth . therefore all you , who profess religion and spiritual things , now look to it , and see what spirit you do profess , for your profession is brought to tryal . if once commonwealths government be set upon the throne , then no tyranny or oppression can look him in the face and live . for where oppression lies upon brethren by brethren , that is no commonwealths government , but the kingly government still ; and the mystery of iniquity hath taken that peace-makers name to be a cloke to hide his subtil covetousness , pride , and oppression under . o england , england , wouldst thou have thy government sound and healthful ? then cast about , and see , and search diligently to finde out all those burthens that came in by kings , and remove them ; and then will thy commonwealths government arise from under the clods , under which as yet it is buryed , and covered with deformity . if true commonwealths freedom lie in the free enjoyment of the earth , as it doth , then whatsoever law or custom doth deprive brethren of their freedom in the earth , it is to be cast out as unsavory salt . the scituation of commonwealths government is within the laws of common freedom , whereby there is a provision for livelyhood in the earth , both for elder and younger brother ; and not the one enslaving the other , but both living in plenty and freedom . the officers , laws , 〈◊〉 customs hereafter mentioned , or such like , according to such a method , may be the foundation and pillars of commonwealths government . this government depends not upon the will of any particular man , or men ; for it is seated in the spirit of mankinde , and it is called the light , or son of righteousness and peace . the tyrants in all ages have made use of this mans name , while he hath lien buryed , to cover their cheating mystery of iniquity : for if common freedom were not pretended , the commoners of a land would never dance after the pipe of self-seeking wits . this commonwealths government may well be called the ancient of days ; for it was before any other oppressing government crept in . it is the moderator of all oppression ; and so is like moses and joseph in 〈◊〉 court , and in time will be the restorer of long lost freedoms to the creation , and delights to plant righteousness over the face of the whole earth . the great lawgiver in commonwealths government is the spirit of universal righteousness dwelling in mankinde , now rising up to teach every one to do to another as he would have another do to him , and is no respector of persons : and this spirit hath been killed by the pharisaical kingly spirit of self-love , and been buryed in the dunghill of that enmity for many years past . and if these be the days of his resurrection to power , as we may hope , because the name of commonwealth is risen and established in england by a law , then we or our posterity shall see comfortable effects . in that nation , where this commonwealths government shall be first established , there shall be abundance of peacce and plenty , and all 〈◊〉 of the earth shall come flocking thither to see his beauty , and to learn the ways thereof ; and the law shall go forth from that sion , and that word of the lord from that jerusalem , which shall govern the whole earth . micah , , . there shall be no tyrant kings , lords of manors , tything priests , oppressing lawyers , exacting landlords , nor any such like pricking bryar in all this holy mountain of the lord god our righteousness and peace ; for the righteous law shall be the rule for every one , and the judg of all mens actions . david desired rather to be a door keeper in this house of god , or commonwealths government , then to live in the tents of wickedness , which was the kingly oppressing courts . if any go about to build up commonwealths government upon kingly principles , they will both shame and lose themselves ; for there is a plain difference between the two governments . and if you do not run in the right channel of freedom , you must , nay you will , as you do , face about , and turn back again to egyptian monarchy : and so your names in the days of posterity shall stink and be blasted with abhorred infamy for your unfaithfulness to common freedom ; and the evil effects will be sharp upon the backs of posterity . therefore seeing england is declared to be a free commonwealth , and the name thereof established by a law ; surely then the greatest work is now to be done , and that is to escape all kingly cheats in setting up a commonwealths government , that the power and the name may agree together ; so that all the inhabitants may live in peace , plenty , and freedom , otherwise we shall shew our government to be gone no further but to the half day of the beast , or to the dividing of time , of which there must be an over-turn . dan. . . rev. . . for oppression was always the occasion why the spirit of freedom in the people desired change of government . when samuels sons took bribes , and grew rich upon ; the common purse , and forgot to relieve the oppressed , that made the people forsake the government by judges , and to desire a kingly government , sam. and the oppressions of the kingly government have made this age of the world to desire a commonwealth government , and the removal of the kings ; for the spirit of light in man loves freedom , and hates bondage . and because the spirit in mankinde is various within it self ; for some are wise some are foolish , some idle , some laborious , some rash , some milde , some loving and free to others , some envyous and covetous , some of an inclination to do as they would have others do to them : but others seek to save themselves , and to live in fulness , though others perish for want . therefore because of this was the law added , which was to be a rule and judg for all mens actions , to preserve common peace and freedom ; as paul writ , the law was added because of transgression , one against another . the haven gates are now set ope for english man to enter : the freedoms of the earth's his due , if he will make adventure . chap. iii. where began the first original of government in the earth among mankinde ? the original root of magistracy is common preservation , and it rose up first in a private family : for suppose there were but one family in the world , as is conceived , father adams family , wherein were many persons . therein adam was the first governor or officer in the earth , because as he was the first father , so he was the most wise in contriving , and the most strong for labor , and so the fittest to be the chief governor . for this is the golden rule , let the wise help the foolish , and let the strong help the weak . psa. . . rom. . , . but some may say here , that adam was under no law , but his will was a law to him and his houshold ; therefore from the root from whence magistracy first rose , it is clear , that officers are to be under no law , but their own wills , and the people are to be subject thereunto . i answer : the law of necessity , that the earth should be planted for the common preservation and peace of his houshold , was the righteous rule and law to adam , and this law was so clearly written in the hearts of his people , that they all consented quietly to any counsel he gave them for that end . therefore not adams will onely , but the will of his people likewise , and the law of common preservation , peace and freedom , was the righteous law that governed both adam and his houshould . but yet observe , that from the father in a family was the first rise of magisterial government , because children wanting experience of their own preservation , therefore such as are experienced , are to propound the law of government to them : and therefore from adam to this day , the law of common preservation is the rule and foundation of true magistracy : and it is the work of all magistrates to help the weak and the foolish . there are two root from whence laws do spring . the first root you see is common preservation , when there is a principle in every one to seek the good of others , as himself , without respecting persons : and this is the root of the tree magistracy , and the law of righteousness and peace : and all particular laws found out by experience , necessary to be practised for common preservation , are the boughs and branches of that tree . and because , among the variety of mankinde , ignorance may grow up ; therefore this original law is written in the heart of every man , to be his guide or leader : so that if an officer be blinded by covetousness and pride , and that ignorance rule in him , yet an inferior man may tell him where he goes astray ; for common preservation and peace is the foundation rule of all government : and therefore if any will preach or practise fundamental truths , or doctrine , here you may see where the foundation thereof lies . the second root is self preservation : when particular officers seek their own preservation , ease , honor , riches , and freedom in the earth , and do respect persons that are in power and riches with them and regard not the peace , freedom , and preservation of the weak and foolish among brethren . and this is the root of the tree tyranny , and the law of unrighteousness , and all particular kingly laws found out by covetous policy to enslave one brother to another , whereby bondage , tears , sorrows and poverty are brought upon many men , are all but the boughs and branches of that tree , tyranny ; and such officers as these are fallen from true magigistracy , and are no members thereof , but the members of tyranny , who is the devil and satan . and indeed this tyranny is the cause of all wars and troubles , and of the removal of the government of the earth out of one hand into another , so often as it is , in all nations . for if magistrates had a care to cherish the peace and liberties of the common people , and see them set free from oppression , they might sit in the chair of government , and never be disturbed . but when their sitting is altogether to advance their own interest , and to forget the asslictions of joseph , or their brethren that are under bondage : this is a so 〈◊〉 of their own downfall , and oftentime proves the plague to the whole land . therefore the work of all true magistrates is to maintain the common law , which is the root of right government , and preservation and peace to every one ; and to cast out all self-ended principles and interests , which is tyranny and oppression , and which breaks common peace . for 〈◊〉 the disorderly actings of officers break the peace of the commonwealth more , then any men whatsoever . all officers in a true magistracy of a commonwealth are to be chosen officers . in the first family , which is the foundation from whence all families sprang , there was the father , he is the first link of the chain magistracy . the necessity of the children that sprang from him doth say , father , do thou teach us how to plant the earth , that we may live , and we will obey . by this choyce , they make him not onely a father , but a master and ruler . and out of this root springs up all magistrates and officers , to see the law executed , and to preserve peace in the earth , by seeing that right government is observed . for here take notice , that though the children might not speak , yet their weakness and simplicity did speak , and chose their father to be their overseer . so that he who is a true commonwealths officer , is not to step into the place of magistracy by policy , or violent force , as all kings and conquerors do ; and so become oppressing tyrants , by promoting their selfended interests , or machiavilian cheats , that they may live in plenty , and rule as 〈◊〉 over their brethren . but a 〈◊〉 commonwealths officer is to be a chosen one , by them who are in 〈◊〉 , and who judg him fit for that work . and thus a father in a family is a commonwealths officer , because the necessity of the young children choose him by a joynt consent , and not otherwise . secondly , in a bigger family , called a parish , the body of the people are confused and disordered , because some are wise , some foolish , some subtil and cunning to deceive , others plain-hearted , some strong , some weak , some rash , angry , some milde and quiet-spirited . by reason whereof offences do arise among brethren , and their common peace is broken . therefore as necessity hath added a law to limit mens manners , because of transgressiens one against another . so likewise doth the necessity of common peace move the whole body of the parish to choose two , three , or more , within that circuit , to be their overseers , to cause the unruly ones , for whom onely the law was added , to be subject to the law , or rule , that so peace may be preserved among them in the planting of the earth , reaping the fruits , and quiet enjoyment . thirdly , in every county , shire , or land , wherein the families are encreased to a larger commonwealth , the necessity of the people moves them still to choose more overseers and officers to preserve common peace . and when the people have chose all officers , to preserve a right order in government of earth among them ; then doth the same necessity of common peace move the people to say to their overseers and officers , do you see our laws observed for our preservation and peace , and we will assist and protect you : and this word assist and protect , 〈◊〉 , the rising up of the people by force of arms to defend their laws and officers against any invasion , rebellion , or resistance , 〈◊〉 to beat down the turbulency of any foolish or self-ended spirit that endevors to break their common peace . so that all true officers are chosen officers , and when they act to satisfie the necessity of them who chose them , then they are faithful and 〈◊〉 servants to that commonwealth , and then there is a rejoycing in the city . but when officers do take the possessions of the earth into their own hands , lifting themselves up thereby to be lords over their masters , the people , who chose them ; and will not suffer the people to plant the earth , and reap the fruits for their livelyhood , unless they will hire the land 〈◊〉 them , or work for day-wages for them , that they may live in ease and plenty , and not work . these officers are sallen from true magistracy of a commonwealth , and they do not act righteously ; and because of this , sorrows and tears , poverty and bondages are known among mankinde ; and now that city mourns . and surely if it be carefully looked into , the necessity of the people never chose such officers , but they were either voluntary soldiers 〈◊〉 officers chosen by them , who ran before they were called ; and so by policy and force they sat down in the chair of government , strengthening one sort of people to take the free use of the earth from another sort ; and these are sons of bondage , and they act in darkness : by reason whereof the prophet esay cries out , darkness hath covered the earth , and thick darkness the people ; for the leaders of the people have caused them to err : i fear so , o england , &c. all officers in a commonwealth are to be chosen new ones every year . when publique officers remain long in place of judicature , they will degenerate from the bounds of humility , honesty , and tender care of brethren , in regard the heart of man is so subject to be overspred with the clouds of covetousness , pride , and vain-glory : for though at the first entrance into places of rule they be of publique spirits , seeking the freedom of others as their own ; yet continuing long in such a place , where honors and greatness is coming in , they become selfish , seeking themselves , and not common freedom ; as experience proves it true in these days , according to this common proverb , great offices in a land and army have changed the disposition of many sweet spirited men . and nature tells us , that if water stand long , it corrupts ; whereas running water keeps sweet , and is fit for common use . therefore as the necessity of common preservation moves the people to frame a law , and to chuse officers to see the law obeyed , that they may live in peace : so doth the same necessity bid the people , and cries aloud in the ears and eyes of england , to chuse new officers , and to remove the old ones , and to chuse state-officers every year : and that for these reasons ; first , to prevent their own evils : for when pride and fulness take hold of an officer , his eyes are so blinded therewith , that he forgets he is a servant to the commonwealth , and strives to lift up himself high above his brethren , and oftentimes his fall proves very great ; witness the fall of oppressing kings , bishops , and other state-officers . secondly , to prevent the creeping in of oppression into the commonwealth again : for when officers grow proud and full , they will maintain their greatness , though it be in the poverty , ruine , and hardship of their brethren ; witness the practice of kings and their laws , that have 〈◊〉 the commoners of england a long time . and have we not experience in these days , that some officers of the commonwealth are grown so mossy for want of removing , that they will hardly speak to an old acquaintance , if he be an inferior man , though they were very familiar before these wars began ? &c. and what hath occasioned this distance among friends and brethren , but long continuance in places of honour , greatness and riches ? thirdly , let officers be chosen new every year in love to our posterity ; for if burthens and oppressions should grow up in our laws and in our officers for want of removing , as moss and weeds grow in some land for want of stirring , surely it will be a foundatian of misery , not easily to be removed by our posterity , and then will they curse the time that ever we their fore-fathers had opportunities to set things to rights for their ease , and would not do it . fourthly , to remove officers of state every year will make them truly faithful , knowing that others are coming after who will look into their ways ; and if they do not do things justly , they must be ashamed when the next officers succeed : and when officers deal faithfully in the government of the commonwealth , they will not be unwilling to remove : the peace of london is much preserved by removing their officers yearly . fifthly , it is good to remove officers every year , that whereas many have their portions to obey , so many may have their turns to rule , and this will encourage all men to advance righteousness and good manners in hopes of honor ; but when money and riches bears all the sway in the rulers hearts , there is nothing but tyranny in such ways . sixthly , the commonwealth hereby will be furnished with able and experienced men , fit to govern , which will mightily advance the honor and peace of our land , occasion the more watchful care in the education of children , and in time will make our commonwealth of england the lilly among the nations of the earth . who are fit to choose , and fit to be chosen officers in a commonwealth . all uncivil livers , as drunkards , quarrelers , fearful ignorant men , who dare not speak truth , lest they anger other men ; likewise all who are wholly given to pleasure and sports , or men who are full of talk ; all these are empty of substance , and cannot be experienced men , therefore not fit to be chosen officers in a commonwealth , yet they may have a voyce in the choosing . secondly , all those who are interessed in the monarchial power and government , ought neither to choose nor be chosen officers to manage commonwealths affairs , for these cannot be friends to common freedom : and these are of two sorts . first , such as have either lent money to maintain the kings army , or in that army have been souldiers to fight against the recovering of common freedom , these are neither to choose , nor be chosen officers in the commonwealth as yet , for they have lost their freedom ; yet i do not say that they should be made servants , as the conquered usually are made servants , for they are our brethren and what they did , no doubt , they did in a conscionable zeal , though in ignorance . and seeing but few of the parliaments friends understand their common freedoms , though they own the name commonwealth , therefore the parliaments party ought to bear with the ignorance of the kings party , because they are brethren , and not make them servants , though for the present they be suffered neither to choose nor be chosen officers , left that ignorant spirit of revenge break out in them to interrupt our common peace . secondly , all those who have been so hasty to buy and sell the common-wealths land , and so to entangle it upon a new accompt , ought neither to choose nor be chosen officers , for hereby they declare themselves either to be for kingly interest , or else are ignorant of commonwealths freedom , or both , therefore unfit to make laws to govern a free commonwealth , or to be overseers to see those laws executed . what greater injury could be done to the commoners of england , then to sell away their land so hastily , before the people knew where they were , or what freedom they had got by such cost and bloodshed as they were at ? and what greater ignorance could be declared by officers , then to sell away the purchased land from the purchasers , or from part of them , into the hands of particular men to uphold monarchial principles ? but though this be a fault , let it be bore withall , it was ignorance of brethren ; for england hath layn so long under kingly slavery , that few knew what common freedom was : and let a restoration of this redeemed land be speedily made by them who have the possession of it . for there is neither reason nor equity , that a few man should go away with that land and freedom which the whole commoners have paid taxes , free-quarter , and wasted their estates , healths and blood to purchase out of bondage , and many of them are in want of a comfortable livelyhood . well , these are the men that take away other mens rights from them , and they are members of the covetous generation of self-seekers , therefore unfit to be chosen officers , or to choose . who then are fit to be chosen commonwealths officers ? why truly , choose such as have a long time given testimony by their actions to be promoters of common freedom , whether they be members in church fellowship , or not in church fellowship , for all are one in christ . choose such as are men of peaceable spirits , and of a peaceable conversation . choose such as have suffered under kingly oppression , for they will be fellow-feelers of others bondages . choose such as have adventured the loss of their estates and lives to redeem the land from bondage , and who have remained constant . choose such as are understanding men , and who are experienced in the laws of peaceable and right ordered government . choose men of courage , who are not afraid to speak the truth ; for this is the shame of many in england at this day , they are drowned in the dunghill mud of slavish fear of men ; these are covetous men , not fearing god , and their portion is to be cast without the city of peace amongst the dogs . choose officers out of the number of those men that are above forty years of age , for these are most likely to be experienced men ; and all these are likely to be men of courage , dealing truly , and hating covetousness . and if you choose men thus principled , who are poor men , as times go , for the conquerors power hath made many a righteous man a poor man ; then allow them a yearly maintenance from the common stock , until such time as a commonwealths freedom is established , for then there will be no need of such allowances . what is the reason that most people are so ignorant of their freedoms , and so few fit to be chosen commonwealths officers ? because the old kingly clergy , that are seated in parishes for lucre of tythes , are continually distilling their blind principles into the people , and do thereby nurse up ignorance in them ; for they observe the bent of the peoples minds , and make sermons to please the sickly minds of ignorant people , to preserve their own riches and esteem among a charmed , befooled and befotted people . chap. iv. what are the officers names in a free commonwealth ? in a private family , a father , or master , is an officer . in a town , city , or parish a peace-maker . a four-fold office of overseers . a souldier . a task-master . an executioner . in a county or shire a judg. the peace-makers of every town within that circuit . the overseers and soldiers attending thereupon . this is called either the judges court , or the county senate . in a whole land a parliament . a commonwealths ministry . a post-master . an army . all these offices are like links of a chain , they arise from one and the same root , which is necessity of common peace , and all their works tend to preserve common peace , therefore they are to assist each other , and all others are to assist them , as need requires , upon pain of punishment by the breach of the laws : and the rule of right government being thus observed , may make a whole land , nay the whole fabrick of the earth , to become one family of mankind , and one well governed commonwealth ; as israel was called one house of israel , though it consisted of many tribes , nations and family . the work of a father or master of a family . a father is to cherish his children till they grow wise and strong , and then as a master he is to instruct them in reading , in learning languages , arts and sciences , or to bring them up to labour , or employ them in some trade or other , or cause them to be instructed therein , according as is shewed hereafter in the education of mankind . a father is to have a care that as all his children do assist to plant the earth , or by other trades provide necessaries ; so he shall see that every one have a comfortable livelyhood , not respecting one before another . he is to command them their work , and see they do it , and not suffer them to live idle ; he is either to reprove by words , or whip those who offend , for the rod is prepared to bring the unreasonable ones to experience and moderation : that so children may not quarrel like beasts , but live in peace , like rational men , experienced in yielding obedience to the laws and officers of the commonwealth , every one doing to another as he would have another do to him . the work of a peace-maker . in a parish or town may be chosen three , four or six peace-makers , or more , according to the bigness of the place ; and their work is twofold . first , in general to sit in councel to order the affairs of the parish , to prevent troubles , and to preserve common peace , and here they may be called councellors . secondly , if there arise any matters of offence between man and man , by reason of any quarrels , disturbance , or foolish actings , the offending parties shall be brought by the souldiers before any one or more of these peace-makers , who shall hear the matter , and shall endeavor to reconcile the parties , and make peace , and so put a stop to the rigor of the law , and go no further . but if the peace-maker cannot perswade or reconcile the parties , then he shall command them to appear at the judges court at the time appointed to receive the judgment of the law . if any matters of publike concernment fall out wherein the peace of the city , town or country in one county is concerned , then the peace-makers in every town thereabouts shall meet , and consult about it ; and from them , or from any six of them , if need require , shall issue forth any order to inferior officers . but if the matters concern only the limits of a town or city , then the peace-makers of that town shall from their court send forth orders to inferior officers for the performing of any publike service within their limits . thirdly , if any proof be given that any officer neglects his duty , a peace-maker is to tell that officer between them two of his neglect ; and if the officer continue negligent after this reproof , the peace-maker shall acquaint either the county senate , or the national parliament therewith , that from them the offendor may receive condign punishment . and it is all to this end , that the laws be obeyed ; for a careful execution of laws is the life of government . and while a peace-maker is careful to oversee the officers , all officers and others shall assist him , upon pain of forfeiture of freedom , or other punishment , according to the rules following . one thing remember , that when any offendor is brought before any of these chief peace-makers , then this is to be noted , that the offendor hath rejected mercy once before by refusing to yield obedience to the overseers , as is explained further hereafter . the work of an overseer . in a parish or town there is to be a fourfold degree of overseers , which are to be chosen yearly . the first is an overseer to preserve peace , in case of any quarrels that may fall out between man and man : for though the earth with her fruits be a common treasury , and is to be planted and reaped by common assistance of every family , yet every house , and all the furniture for ornament therein , is a propriety to the indwellers ; and when any family hath fetched in from the store-houses or shops either clothes , food , or any ornament necessary for their use , it is all a propriety to that family . and if any other family or man come to disturb them , and endeavor to take away furniture , which is the ornament of his neighbors house , or to burn , break , or spoyl wilfully any part of his neighbors houses , or endeavor to take away either the food or clothing which his neighbor hath provided for his use , by reason whereof quarrels and provoking words may arise : this office of overseers is to prevent disturbance , and is an assistance to the peace-maker ; and at the hearing of any such offence , this overseer shall go and hear the matter , and 〈◊〉 to perswade the offendor , and to keep peace ; and if friendship be made , and subjection be yielded to the laws for the peace of the commonwealth , the offendor is only to be reproved for his rashness by this overseer ; and there is an end . but if the offendor be so violent , that he will not refrain his offence to his neighbor at this overseers perswasion , but remain stiff and stubborn , this overseer shall then give out an order to the souldier to carry the body of the offendor before the councel of the peace-makers , or before any one or more of them . and if the offendor will not yield obedience to the laws of peace by the perswasion of the chief peace-makers neither , then this is to be noted to be the second time that this offendor hath refused mercy . then shall the peace-maker appoint him a day , and command him to appear before the judges court , either in the city or country , where the offence is given , and there he shall receive sentence according to the rigor of the law . and if an overseer should make peace , and do not send the offendor to the peace-makers court , yet this shall be noted the first time of such a ones disobedience to the laws . and all this is to prevent quarrels and offences ; and the chief peace-makers or counsellors may not always be at hand at the beginning of such disturbance , therefore this overseer is an assistance thereunto , and is a member of that court . one man shall not take away that commodity which another man hath first layd hands on , for any commodity for use belongs to him that first layd hands of it for his use ; and if another come and say , i will have it , and so offences do arise , this overseer shall go to them , or give order to the souldier to bring the offendor to him , and shall endeavor to make peace , either by giving the commodity to him who first layd hands on it , or else by taking the commodity from both , and bid them go to the store-houses and fetch more , seeing the store-houses are full , and afford plenty of the same commodities , giving the offendor a sharp reproof for offering to break the peace , noting this to be the first time that such a one offered violence to break the laws of peace . and all persons whatsoever shall assist the overseers herein ; and if any person strike or affront by words this overseer , he shall give order to the souldier to carry him before the peace-makers , and from them the offendor shall receive a command to appear before the judges court , where he shall receive the sentence of the law without mitigation . for when a peace-maker or conncellor doth appoint an offendor to appear before the judges court , such an offendor hath refused mercy twice . all this is to be done in case of small offences ; but if any offence be offered by any which comes within compass of death , there shall be no peace-maker to be a mediator aforehand , but the offendor shall be tryed by the law . the second office of overseership is for trades . and this overseer is to see that young people be put to masters , to be instructed in some labour , trade , science , or to be waiters in store-houses , that none be idly brought up in any family within his circuit . likewise this overseer is to assist any master of a family by his advice and counsel in the secrets of his trades , that by the experience of the elders , the young people may learn the inward knowledg of the things which are , and find out the secrets of nature . and seeing there are variety of trades , there are to be chosen overseers for every trade , so many overseers as the largeness of the town and city requires ; and the employment of this overseer is not to work ( unless he will himself , ) but to go from house to house to view the works of the people of every house belonging to his trade and circuit , and to give directions as he sees cause , and see that no youth be trained up in idleness , as is said . and if this overseer find any youth more capable and fit for another trade then his own , he shall speak to some overseers of another trade , who shall provide him a master , with the consent of his father , and appoint him what family to live in . and if the father of a family be weak , sick , or naturally foolish , wanting the power of wisdom and government , or should be dead before his children should be instructed ; then the overseers of this trade , wherein the father was brought up , are to put those children into such families , where they may be instructed , according to the law of the common-wealth . one man may be an overseer for twenty or thirty families of shoomakers ; another for smiths , another for weavers of cloth , another for the keepers of storehouses or shops : for every trade is to have an overseer for that particular trade . and truly the government of the halls and companies in london is a very rational and well ordered government ; and the overseers of trades may very well be called masters , wardens , and assistants of such and such a company , for such and such a particular trade . onely two things are to be practised to preserve peace . the first is , that all these overseers shall be chosen new ones every year . and secondly , the old overseers shal not chuse the new ones , to prevent the creeping in of lordly oppression : but all the masters of families , and freemen of that trade , shall be the chusers , and the old overseers shall give but their single voyce among them . and as there are to be overseers for trades in towns and cities : so there are to be chosen overseers in the country parishes , to see the earth planted ; and in every parish in the country may be chosen four or six overseers of husbandry , to see the ground planted within their circuits , and to see that the work of husbandry be done orderly , and according to reason and skill . some overseers to look after the shepherds , and appoint out such men as are skilled in that work . some overseers to look after the herds-men . some overseers of them who look to horses . and some for the daries . and the work of these overseers is to see , that every family send in their assistance to work , both in plowing and dressing the earth , in that season of the year , in seed time ; and in reaping the fruits of the earth , and housing them in storehouses in time of harvest . likewise they are to see , that all barns belonging to any family , or more publique storehouses belonging to a parish , be kept in sufficient repair , likewise they are to see , that every family do keep sufficient working tools for common use , as plows , carts , and furniture , according as every family is furnished with men to work therewith : likewise pickaxes , spades , pruning-hooks , and any such like necessary instrument . likewise it is the work of this overseership to see , that schoolmasters , postmasters , and minsters , do their several offices , according to the laws . likewise this overseership for trades shall see , that no man shall be a house-keeper , and have servants under him , till he hath served under a master seven years , and hath learned his trade : and the reason is , that every family may be governed by stayd and experienced masters , and not by wanton youth . and this office of overseership keeps all people within a peaceable harmony of trades , sciences , or works , that there be neither beggar nor idle person in the commonwealth . the third office of overseership is to see particular tradesmen bring in their works to storehouses and shops , and to see the waiters in storehouses do their duty . as there are particular trades requiring strength , and some men are strong to perform such works ; so there are some weak in body , whose employment shall be to be keepers of storehouses and shops , both to receive in commodities , and deliver out again , as any particular family , or man , wants and comes for them . as for example : when lether is tanned , it shall be brought into the storehouses for lether ; and from thence shoomakers , and harness makers , and such like , may fetch it as they need . so for linnen and woolen cloth , it is to be brought by the weavers into the storehouses or shops , from whence particular families of other trades may fetch as they need : and so for any commodity , as in the law for storehouses is declared . now the work of this overseership is of the same nature with the other for trades ; onely this is to be imployed onely about the oversight of storehouses and shops . and they are to see that particular tradesmen , as weavers of linnen and woolen cloth , spinners , smiths , hatters , glovers , and such like , do bring in their works into the shops appointed : and they are to see that the shops and storehouses within their several circuits , be kept still furnished . that when families of other trades want such commodities as they cannot make , they may go to the shops and storehouses where such commodities are , and receive them for their use , without buying or selling . and as this officer sees the particular tradesmen to furnish the shops and storehouses , so they shall see that the keepers of the shops and storehouses be diligent to wait , both to receive in , and deliver out again , according to the law , any commodity under their charge . and if any keeper of a shop and storehouse neglect his duty of his place , through idleness , or vain conversation , or pride , whereby just offence is given , the overseers shall admonish him and reprove him : if he amend , all is well ; if he doth not , he shall give order to the soldiers to carry him before the peace-makers court : and if he reform upon the reproof of that court , all is well : but if he doth not reform , he shall be sent unto by the officers to appear before the judges court , and the judg shall pass sentence , that he shall be put out of that house and employment , and sent among the husbandmen to work in the earth : and some other shall have his place and house till he be reformed . likewise this overseer shall see to it , that the keepers of shops and storehouses do keep their houses in sufficient repair : and when any house wants repair , the keepers thereof shall speak to any of the overseers for trades , and they shall appoint either brick-layers , masons , smiths , or carpenters forthwith to take the work in hand and finish it . fourthly , all ancient men , above sixty years of age , are general overseers . and wheresoever they go , and see things amiss in any officer or tradesman , they shall call any officer or others to account for their neglect of duty to the commonwealths peace : and these are called elders . and every one shall give humble respect to these , as to fathers , and as to men of the highest experience in the laws , for the keeping of peace in the commonwealth . and if these see things amiss , and do speak , all officers and others shall assist and protect them , to see the laws carefully executed : and every one that affronts or abuses these in words or deeds , shall suffer punishment according to the sentence of the judg. and all these shall be generall assistances and encouragers of all officers in the doing the work of their places . and the reason of all is this , that many eyes being watchfull , the laws may be obeyed , for to preserve peace . but if any of these elders should vent their passion , or express envy against any one , and set up his own will above the law , and do things contrary to law , upon complaint , the senators at the judges court shal examine the matter , if he be faulty the judge shal reprove him the first time , but the second time he does so the judge shall pronounce , that he shal lose his authoritie and never beare office nor generall over-sight more while he lives , onely he shal have respect as a man of age . what is the office of a souldier ? a souldier is a magistrate as well as any other officer , and indeed all state officers are souldiers for they represent power , and if there were not power in the hand of officers , the spirit of rudeness would not be obedient to any law or government , but their own wils . therefore every year shal be chosen a souldier , like unto a marshal of a city , and being the chief he shall have divers souldiers under him at his command , to assist in case of need . the work of a souldier in times of peace , is , to fetch in offenders , and to bring them before either officer or courts , and to be a protection to the officers against all disturbances . the souldier is not to do any thing without order from the officers ; but when he hath an order then he is to act accordingly ; and he is to receive orders from the judges court , or from the peace-makers court , or from over-seers as need shall require . if a souldier hath brought an offender before a peace-maker , and if the offender will not be subject to the law by his perswasion , and the peace-maker send him to the judges court , if the offence be under matters of death , the offender shal not be imprisoned in the mean time ; but the peace-maker shal command him to appear before the judges court at the time appointed , and the offender shall promise to obey : and this shal be for two reasons . first to prevent cruelty of prisons . secondly , in the time of his binding over he may remember himself , and amend his wayes , and by testimony of his own actions and neighbours reports , his sentence may be mitigated by the judge ; for it is amendment not destruction that common-wealths law requires . and if this offender run away from that country to another , and so both disobey the peace-makers command , and break his own promise of appearance ; then shall the souldiers be sent forth into all places to search for him , and if they catch him , they should bring him before the judge , who shall pronounce sentence of death upon him without mercy . and if any protect him or shelter him , after hue and cry is made after him , all such protectors shal suffer the losse of freedome for twelve moneths time , as is shewed hereafter what that is . but if the offence should be matter of death , then the peace-maker shal take no promise from him for his appearance , but let the souldier carry him to prison , till the next judges court sits where he shall have his tryall . the work of a task-master . the work or office of a task-master is to take those into his over-sight as are sentenced by the judge to lose their freedome , and to appoint them their work and to see they do it . if they do their tasks , he is to allow them sufficient victuals and cloathing to preserve the health of their bodies . but if they prove desperate , wanton , or idle , and will not quietly submit to the law , the task-master is to feed them with short dyet , and to whip them , for a rod is prepared for the fools back , till such time as their proud hearts do bend to the law . and when he findes them subject , he shal then carry a favourable hand towards them , as to offending brethren , and allow them sufficient diet and clothes in hopes of their amendment , but withall see they do their work , till by the sentence of the law he be set free again . the task-master shal appoint them any kind of work or labour as he pleases that is to be done by man . and if any of these offenders run away , there shal be hue and cry sent after him , and he shal dye by the sentence of the judge when taken again . the work of an executioner . if any have so highly broke the laws , as they come within the compasse of whiping , imprisoning and death , the executioner shal cut off the head , hang , or shoot to death , or whip the offender according to the sentence of law . thus you may see what the work of every officer in a town or city is . what is the work of a judge ? the law it self is the judge of all mens actions , yet he who is chosen to pronounce the law is called judge , because he is the mouth of the law , for no single man ought to judge or interpret the law . because the law it self , as it is 〈◊〉 us in the letter , is the mind and determination of the parliament and of the people of the land , to be their rule to walk by and to be the touch stone of all actions . and that man who takes upon him to interpret the law , doth either darken the sence of the law , and so makes it confused and hard to he understood , or else puts another meaning upon it , and so lifts up himself above the parliament , above the law , and above all people in the land . therefore the work of that man who is called judge , is to hear any matter that is brought before him ; and in all cases of difference between man and man , he shall see the parties on both sides before him , and shall hear each man speak for himself without a fee'd lawyer ; likewise he is to examine any witness who is to prove a matter in tryal before him . and then he is to pronounce the bare letter of the law concerning such a thing , for he hath his name judge , not because his will and mind is to judge the actions of offenders before him but because he is the mouth to pronounce the law , who indeed is the true judge ; therefore to this law and to this testimonie let every one have a regard who intends to live in peace in the commonwealth . but from hence hath arose much misery in the nations under kindly government , in that the man called the 〈◊〉 hath been suffered to interpret the law ; and when the mind of the law , the judgment of the parliament , and the government of the land , is resolved into the brest of the judges , this hath occasioned much complaining of injustice , in judges , in courts of justice , in lawyers , and in the course of the law it self , as if it were an evil rule . because the law , which was a certain rule , was varied , according to the will of a covetous , envious , or proud judg , therefore no marvel though the kingly laws be so intricate , and though few know which way the course of the law goes , because the sentence lies many times in the brest of a judg , and not in the letter of the law . and so the good laws made by an industrious parliament , are like good eggs layd by a silly goose , and as soon as she hath layd them , she goes her way , and lets others take them , and never looks after them more , so that if you lay a stone in her nest , she will sit upon it , as if it were an egg. and so though the laws be good , yet if they be left to the will of a judg to interpret , the execution hath many times proved bad . and truly as the laws and people of nations have been abused by suffering men judges to alter the sence by their interpretation : so likewise hath the scriptures of moses , the prophets , christ , and his apostles , been darkened and confounded by suffering ministers to put their inferences and interpretations upon them . and surely both the judges for the law , and the ministers for gods word , have been both unfaithful servants to man and to god , by taking upon them to expound and interpret that rule which they are bound to yield obedience to , without adding to , or diminishing from . what is the judges court ? in a county or shire there is to be chosen a judg. the peace-makers of every town within that circuit . the overseers , and a band of souldiers attending thereupon . and this is called the judges court , or the county senate : this court shall sit four times in the year , or oftner if need be , in the country , and four times in the year in great cities : in the first quarter of the year they shall sit in the east part of the county , and the second quarter of the year in the west , in the third in the south , and in the fourth in the north . and this court is to oversee and examine any officer within their county or limits ; for their work is to see , that every one be faithful in his place ; and if any officer hath done wrong to any , this court is to pass sentence of punishment upon the offendor , according to his offence against the law . if any grievance lie upon any man , wherein inferior officers cannot ease him , this court shall quietly hear his complaint , and ease him ; for where a law is wanting , they may prepare a way of ease for the 〈◊〉 till the parliament sit , who may either establish that conclusion for a law , if they approve of it , or frame another law to that effect ; for it is possible that many things may fall out hereafter , which the law-makers for the present may not foresee . if any disorder break in among the people , this court shall set things to rights : if any be bound over to appear at this court , the judg shall hear the matter , and pronounce the letter of the law , according to the nature of the offence . so that the alone work of the judg is to pronounce the sentence and mind of the law : and all this is but to see the laws executed , that the peace of the commonwealth may be preserved . what is the work of a commonwealths parliament in general ? a parliament is the highest court of equity in a land , and it is to be chosen every year ; and out of every city , town , and certain limits of a country through the land , two , three , or more men are to be chosen to make up this court . this court is to oversee all other courts , officers , persons and actions , and to have a full power , being the representative of the whole land , to remove all grievances , and to ease the people that are oppressed . a parliament hath his rise from the lowest office in a commonwealth , viz. from the father in a family : for as a fathers tender care is to remove all grievances from the oppressed children , not respecting one before another ; so a parliament are to remove all burdens from the people of the land , and are not to respect persons who are great before them who are weak ; but their eye and care must be principally to relieve the oppressed ones , who groan under the tyrants laws and power : ` the strong , or such as have the tyrant power to uphold them , need no help . but though a parliament be the father of a land , yet by the covetousness and 〈◊〉 of kingly government the heart of this father hath been alienated from the children of the land , or else so over-awed by the frowns of a kingly tyrant , that they could not or durst not act for the weakest childrens ease . for hath not parliaments sat , and rose again , and made laws to strengthen the tyrant in his throne , and to strengthen the rich and the strong by those laws , and left oppression upon the backs of the oppressed still ? but i 'le not reap up former weaknesses , but rather rejoyce in hope of amendment , seeing our present parliament hath declared england to be a free commonwealth , and to cast out kingly power ; and upon this ground i rejoyce in hope , that succeeding parliaments will be tender-hearted fathers to the oppressed children of the land . and not only dandle us upon the knee with good words and promises till particular mens turns be served , but will fill our bellies , and clothe our backs with good actions of freedom , and give to the oppressed childrens children their birth-right portion , which is freedom in the commonwealths land , which the kingly law and power , our cruel step-fathers and step-mothers , have kept from us and our fathers for many years past . the particular work of a parliament is four-fold . first , as a tender father , a parliament is to impower officers , and give out orders for the free planting and reaping of the commonwealths land , that all who have been oppressed , and kept from the 〈◊〉 use thereof by conquerots , kings , and their tyrant laws , may now be set at liberty to plant in freedom for food and rayment , and are to be a protection to them who labour the barth , and a punisher of them who are idle . but some may say , what is that i call commonwealths land ? i answer , all that land which hath been withheld from the inhabitants by the conquerot , or tyrant kings , and is now recovered out of the hands of that oppression by the joynt assistance of the persons and purses of the commoners of the land ; for this land is the price of their blood ; it is their birth-right to them and their posterity , and ought not to be converted into particular hands again by the laws of a free commonwealth . and in particular , this land is all abby lands , formerly recovered out of the hands of the popes power by the blood of the commoners of england , though the kings withheld their rights herein from them . so likewise all crown lands , bishops lands , with all parks , forrests , chases , now of late recovered out of the hands of the kingly tyrants , who have set lords of manors and task-masters over the commoners , to withhold the free use of the land from them . so likewise all the commons and waste lands , which are called commons , because the poor was to have part therein ; but this is withheld from the commoners , either by lords of manors , requiring quit rents , and overseeing the poor so narrowly , that none dares build him a house upon this common land , or plant thereupon , without his leave , but must pay him rent , fines , and heriots , and homage , as unto a conqueror ; or else the benefit of this common land is taken away from the younger brethren by rich landlords and freeholders , who overstock the commons with sheep and cattel , so that the poor in many places are not able to keep a cow , unless they steal grass for her . and this is the bondage the poor complain of , that they are kept poor by their brethren in a land where there is so much plenty for every one , if covetousness and pride did not tule as king in one brother over another , and kingly government occasions all this . now it is the work of a parliament to break the tyrants bands , to abolish all their oppressing laws , and to give orders , encouragements and directions unto the poor oppressed people of the land , that they forthwith plant and manure this their own land , for the free and comfortable livelyhood of themselves and posterities . and to declare to them , it is their own creation rights , faithfully and couragiously recovered by their diligence , purses and blood from under the kingly tyrants and oppressors power . the work of a parliament , secondly , is to abolish all old laws and customs , which have been the strength of the oppressor , and to prepare , and then to enact new laws for the ease and freedom of the people , but yet not without the peoples knowledg . for the work of a parliament herein is three-fold . first , when old laws and customs of the kings do burden the people , and the people desire the remove of them , and the establishment of more easie laws . it is now the work of a parliament to search into reason and equity , how relief may be found out for the people in such a case , and to preserve a common peace ; and when they have found out a way by debate of councel among themselves , whereby the people may be relieved , they are not presently to establish their conclusions for a law . but in the next place , they are to make a publike declaration thereof to the people of the land who choose them for their approbation ; and if no objection come in from the people within one moneth , they may then take the peoples silence as a consent thereto . and then in the third place , they are to enact it for a law , to be a binding rule to the whole land : for as the remove of the old laws and customs are by the peoples consent , which is proved by their frequent 〈◊〉 and requests of such a thing ; so the enacting of new laws must be by the peoples consent and knowledg likewise . and here they are to require the consent , not of men interessed in the old oppressing laws and customs , as kings used to do , but of them who have been oppressed . and the reason is this : because the people must be all subject to the law , under pain of punishment ; therefore it is all reason they should know it before it be enacted , that if there be any thing of the councel of oppression in it , it may be discovered and amended . but you will say . if it must be so , then will men so differ in their judgments , that we shall never agree . i answer : there is but bondage and freedom , particular interest , or common interest ; and he who pleads to bring in particular interest into a free commonwealth , will presently be seen and cast out , as one bringing in kingly slavery again . and men in place and office , where greatness and honor is coming in , may sooner be corrupted to bring in particular interest , then a whole land can be , who must either suffer sorrow under a burthensom law , or rejoyce under a law of freedom . and 〈◊〉 those men , who are not willing to enslave the people , will not be unwilling to consent hereunto . the work of a parliament thirdly , is to see all those burthens removed actually , which have hindered , or do hinder , the oppressed people from the enjoyment of their birth-rights . if their common lands be under the oppression of lords of manors , they are to see the land freed from that slavery . if the commonwealths land be sold by the hasty councel of subtil , covetous , and ignorant officers , who act for their own particular interest : and so hath entangled the commoners land again , under colour of being bought and sold . a parliament is to examine what authority any had to sell or buy the commonwealth land , without a general consent of the people ; for it is not any ones , but every ones birth right : and if some through covetousness and self interest gave 〈◊〉 privately , yet a parliament , who is the father of a land , ought not to give consent to buy and sell that land , which is all the childrens birth-right , and the price of their labors , monies , and blood . they are to declare likewise , that the birgain is unrighteous , and that the buyers and sellers are enemies to the peace and freedom of the commonwealth : for indeed the necessity of the people chose a parliament to help them in their weakness ; and where they see a danger like to impoverish or enslave one part of the people to another , they are to give warning , and so prevent that danger ; for they are the eyes of the land : and surely those are blinde eyes that lead the people into bogs , to be entangled in mud again , after they are once pulled out . and when the land is once freed from the oppressors power and laws , a parliament is to keep it so , and not suffer it by their consent to have it bought or sold , and so entangled in bondage upon a new account . and for their faithfulness herein to the people , the people are engaged by love and faithfulness to cleave close to them , in defence and protection . but when a parliament have no care herein , the hearts of the people run away from them like sheep who have no shepherd . all grievances are occasioned either by the covetous wills of state-officers , who neglect their obedience to the good laws , and then prefer their own ease , honor , and riches before the ease and freedom of the oppressed people . and here a parliament is to cashier and punish those officers , and place others who are men of publique spirits in their rooms . or else the peoples grievances arise from the practise and power that the kings laws have given to lords of manors , covetous landlords , tythe-takers , or unbounded lawyers , being all strengthened in their oppressions over the people by that kingly law . and when the people are burthened herewith , and groan , waiting for deliverance , as the oppressed people of england do at this day ; it is then the work of a parliament to see the people delivered , and that they enjoy their creation-freedoms in the earth : they are not to dally with them , but as a father is ready to help his children out of misery , when they either see them in misery , or when the children cry for help ; so should they do for the oppressed people . and surely for this end , and no other , is a parliament chosen , as is cleared before : for the necessity of common preservation and peace is the fundamental law both to officers and people . the work of a parliament fourthly , is this . if there be occasion to raise an army to wage war , either against an invasion of a forreign enemy , or against an insurrection at home ; it is the work of a parliament to manage that business for to preserve common peace . and here their work is three-fold : first , to acquaint the people plainly with the cause of the war , and to shew them the danger of such an invasion or insurrection ; and so from that cause require their assistance in person , for the preservation of the laws , liberties , and peace of the commonwealth , according to their engagement when they were chosen , which was this : do you maintain our laws and liberties , and we will protect and assist you . secondly , a parliament is to make choyce of understanding , able , and publique spirited men to be leaders of an army in this case , and to give them commissions and power in the name of the commonwealth , to manage the work of an army . thirdly , a parliaments work in this case is either to send embassadors to another nation which hath invaded our land , or that intends to invade ; to agree upon terms of peace , or to proclaim war ; or else to receive and hear embassadors from other lands for the same business , or about any other business concerning the peace and honor of the land . for a parliament is the head of a commonwealths power , or as it may be said , it is the great councel of an army , from whom originally all orders do issue forth to any officer or soldier . for if so be a parliament had not an army to protect them , the rudeness of the people would not obey their proceedings : and if a parliament were not the representative of the people , who indeed is the body of all power , the army would not obey their orders . so then , a parliament is the head of power in a commonwealth , and it is their work to manage publique affairs in times of war , and in times of peace ; not to promote the interest of particular men , but for the peace and freedom of the whole body of the land , viz. of every particular man , that none be deprived of his creation rights , unless he hath lost his freedom by transgression , as by the laws is expressed . the work of a commonwealths ministry , and why one day in seven may be a day of rest from labor . if there were good laws , and the people be ignorant of them , it would be as bad for the commonwealth as if there were no laws at all . therefore according to one of the laws of israels commonwealth made by moses , who was the ruler of the people at that time : it is very rational and good , that one day in seven be still set apart for three reasons . first , that the people in such a parish may generally meet together to see one anothers faces , and beget or preserve fellowship in friendly love . secondly , to be a day of rest , or cessation from labor ; so that they may have some bodily rest for themselvs and cattel . thirdly , that he who is chosen minister ( for that year ) in that parish may read to the people three things . first the affairs of the whole land , as it is brought in by the post-master , as it is related in his office , hereafter following . secondly , to read the law of the common-wealth : not onely to strengthen the memory of the ancients , but that the young people also , who are not grown up to ripeness of experience , may be instructed , to know when they do well , and when they do ill ; for the laws of a land hath the power of freedom and bondage , life and death in its hand , therefore the necessary knowledge to be known , and he is the best prophet that acquaints men therewith . that as men grow up in 〈◊〉 , they may be able to defend the laws and government of the land . but these laws shall not be expounded by the reader , for to expound a plain law , as if a man would put a better meaning , then the letter it self , produces two evils . fast the pure law and the minds of people , will be thereby consounded , for multitude of words darken knowledge . secondly the reader will be puffed up in pride , to contemn the law-makers , and in time that will prove the father and nurse of tyranny , as at this day is 〈◊〉 by our ministry . and thirdly , because the mindes of people , generally love discourses , therefore that the wits of men both young and old may be exercised , there may be speeches made in a three-fold nature . first to declare the acts and passages of former ages and governments , setting forth the benefit of freedom , by well ordered governments , as in israels common wealth , and the troubles and bondage , which hath always attended oppression and oppressors ; as the state of pharaoh , and other tyrant kings , who said the earth and people were theirs , and onely at their dispose . secondly speeches may be made , of all arts and sciences , some one day , some another ; as in physick , 〈◊〉 , astrology , astronomy , navigation , husbandry , and such like . and in these speeches may be unfolded the nature of all herbs and plants from the hysop to the cedar , as solomon writ of . likewise men may come to see into the nature of the fixed and wandring stars , those great powers of god in the heavens above ; and hereby men will come to know the secrets of nature and creation , within which all true knowledg is wrapped up , and the light in man must arise to search it out , thirdly , speeches may be made , sometimes of the nature of mankind , of his darkness and of his light , of his weakness and of his strength , of his love and of his envy , of his sorrow and of his joy , of his inward and outward bondages , and of his inward and outward freedoms , &c. and this is that which the ministry of churches generally aim , but only that they confound their knowledg by imaginary study , when any one takes upon him to speak without experience . now this is the way to attain to the true knowledg of god ( who is the spirit of the whole creation , ) as he hath spread himself forth in every form , and more eminently in man ; as paul writ , the creation in all the several bodies and forms are but the mansions or fulness of him who hath filled all things with himself . and if the earth were set free from kingly bondage , so that every one were sure to have a free livelyhood , and if this liberty were granted , then many secrets of god , and his works in nature , would be made publike , which men now adays keep secret to get a living by ; so that this kingly bondage is the cause of the spreading of ignorance in the earth : but when commonwealths freedom is established , and pharisaical or kingly slavery cast out , then will knowledg cover the earth , as the waters cover the seas , and not till then . he who is the chosen minister for that year to read , shall not be the only man to make sermons or speeches : but every one who hath any experience , and is able to speak of any art or language , or of the nature of the heavens above , or of the earth below , shall have free liberty to speak when they offer themselves , and in a civil manner desire an audience , and appoint his day : yet he who is the reader may have his liberty to speak too , but not to assume all the power to himself , as the proud and ignorant clergy have done , who have bewitched all the world by their subtle covetousness and pride . and every one who speaks of any herb , plant , art , or nature of mankind , is required to speak nothing by imagination , but what he hath found out by his own industry and observation in tryal . and because other nations are of several languages , therefore these speeches may be made sometimes in other languages , and sometimes in our mother tongue , that so the men of our english commonwealth may attain to all knowledges , arts and languages , and that every one may be encouraged in his industry , and purchase the countenance and love of their neighborhood , for their wisdom , and experimental knowledge in the things which are . and thus to speak , or thus to read the law of nature ( or god ) as he hath written his name in every body , is to speak a pure language , and this is to speak the truth as jesus christ spake it , giving to every thing it s own weight and measure . by this means , in time men shall attain to the practical knowledge of god truly ; that they may serve him in spirit and truth ; and this knowledge will not deceive a man . i , but saith the zealous , but ignorant professor , this is a low and carnal ministry indeed , this 〈◊〉 men to know nothing , but the knowledge of the earth , and the secrets of nature , but we are to look after spiritual and beavenly things . i answer . to know the secrets of nature , is to know the works of god ; and to know the works of god within the creation , is to know god himself , for god dwels in every visible work or body . and indeed if you would know spiritual things , it is to know how the spirit or power of wisdom and life , causing motion , or growth , dwels within , and governs both the several bodies of the stars and planets in the heavens above ; and the several bodies of the earth below ; as grass , plants , fishes , beasts , birds , and mankinde ; for to reach god beyond the creation , or to know what he will be to a man , after the man is dead , if any otherwise , then to scatter him into his essences of fire , water , earth and air , of which he is compounded , is a knowledge beyond the line , or capacity of man to attain to while he lives in his compounded body . and if a man should go to imagine , what god is beyond the creation , or what he will be in a spiritual demonstration after a man is dead , he doth as the proverb saith , build castles in the air , or tells us of a world beyond the moon , and beyond the sun , meerly to blinde the reason of man . i le appeal to your self in this question , what other knowledg have you of god , but what you have within the circle of the creation ? for if the creation in all its dimentions be the fulness of him , that fills all with himself , and if you your self be part of this creation , where can you finde god but in that line or station wherein you stand ? god manifests himself in actual knowledge , not in imagination ; he is still in motion , either in bodies upon earth , or in the bodies in the heavens , or in both ; in the night and in the day , in winter , in summer , in cold , in heat , in growth , or not in growth . but when a studying imagination comes into man , which is the devil , for it is the cause of all evil , and sorrows in the world ; that is he who puts out the eyes of mans knowledg , and tells him , he must beleeve what others have writ or spoke , and must not trust to his own experience : and when this bewitching fancy sits in the chair of government , there is nothing but saying and unsaying , frowardness , covetousness , fears , confused thoughts , and unsatisfied doubtings , all the days of that mans reign in the heart . or secondly , examine your self , and look likewise into the ways of all professors , and you shall finde , that the enjoyment of the earth below , which you call a low and a carnal knowledg , is that , which you and all professors ( as well as the men of the world , as you call them ) strive and seek after . wherefore are you so covetous after the world , in buying and selling ? counting your self a happy man , if you be rich , and a miserable man if you be poor . and though you say , heaven after death is a place of glory , where you shall enjoy god face to face , yet you are loth to leave the earth to go thither . do not your ministers preach for to enjoy the earth ? do not professing lawyers , as well as others , buy and sell the conquerors justice , that they may enjoy the earth ? do not professing soldiers fight for the earth , and seat themselves in that land , which is the birth-right of others , as well as theirs , shutting others out ? do not all professors strive to get earth , that they may live in plenty by other mens labors ? do you not make the earth your very rest ? doth not the enjoying of the earth please the spirit in you ? and then you say , god is pleased with your ways , and blesseth you . if you want earth , and become poor , do you not say , god is angry with you , and crosseth you ? why do you heap up riches ? why do you eat and drink , and wear clothes ? why do you take a woman , and lie with her to beget children ? are not all these carnal and low things of the earth ? and do you not live in them , and covet them as much as any ? nay more then many which you call men of the world ? and it being thus with you , what other spiritual or heavenly things do you seek after more then others ? and what is in you more then in others ? if you say , there is ; then surely you ought to let these earthly things alone to the men of the world , as you call them , whose portions these are , and keep you within the compass of your own sphere , that others seeing you live a life above the world in peace and freedom , neither working your self , nor deceiving , nor compelling others to work for you , they may be drawn to embrace the same spiritual life by your single-hearted conversation . we 'l , i have done here . let us now examin your divinity . which you call heavenly , and spiritual things , for herein speeches are made not to advance knowledge , but to destroy the true knowledge of god ; for divinity does not speak the truth , as it is hid in every body , but it leaves the motional knowledge of a thing as it is . and imagins , studies , or thinks what may be , and so runs the hazzard true or false : and this divinity is always speaking words to deceive the simple , that he may make them work for him , and maintain him , but he never comes to action himself to do as he would be done by ; for he is a monster who is all tongue and no hand . this divining doctrine , which you call spiritual and heavenly things , is the thief and the robber he comes to spoile the vinyard of a mans peace , and does not enter in at the door , but he climbes up another way : and this doctrine is two fold . first he takes upon him to tell you the meaning of other mens words , and writing by his studying or imagining what another mans knowledge might be , and by thus doing darkens knowledge , and wrongs the spirit of the authors who did write and speak those things which he takes upon him to interpret . secondly he takes upon him , to foretell what shall befall a man after he is dead , and what that world is beyond the sun , and beyond the moon , &c. and if any man tell him there is no reason for what you say , he answers you must not judge of heavenly and spiritual things by reason , but you must beleive what is told you , whether it be reason or no : there is a three-fold discovery of falsehood in this doctrine . for first it is a doctrine of a sickly and weak spirit , who hath lost his understanding in the knowledge of the creation , and of the temper of his own heart and nature , and so runs into fancies , either of joy or sorrow . and if the passion of joy predominate , then he fancies to himself a personal god , personal angels , and a local place of glory which he saith , he , and all who beleives what he hath , shall go to , after they are dead . and if sorrow predominate , then he fancies to himself a personal devil , and a locall place of torment , that he shall go to after he is dead , and this he speaks with great confidence . or secondly , this is the doctrine of a subtle running spirit , to make an ungrounded wise man mad . that he might be called the more excellent man 〈◊〉 knowledge ; for many times when a wise understanding heart is assaulted with this doctrine of a god , a devil , a heaven , and a hell , salvation and damnation after a man is dead , his spirit being not strongly grounded in the knowledge of the creation , nor in the temper of his own heart . he strives and stretches his brains to find out the depth of that doctrine and cannot attain to it ; for indeed it is not knowledge , but imagination : and so by poring and puzling himself in it , loses that wisdom he had , and becomes distracted and mad : and if the passion of joy predominate , then he is merty , and sings , and laughs , and is ripe in the expressions of his words , and will speak strange things ; but all by imagination . but if the passion of sorrow predominate , then he is heavy and sad , crying out , he is damned , god hath forsaken him , and he must go to hell when he dys , he cannot make his calling and election sure : and in that distemper many times a man doth hang , kil or drown himself : so that this divining doctrine , which you call spiritual and heavenly things , 〈◊〉 people always when they are weak , sickly , and under any distemper ; therefore it cannot be the doctrine of christ the saviour . for my own part , my spirit hath waded deep to finde the bottom of this divining spiritual doctrine : and the more i searched , the more i was at a loss ; and i never came to quiet rest , and to know god in my spirit , till i came to the knowledg of the things in this book : and let me tell you , they who preach this divining doctrine are the murtherers of many a poor heart , who is bashful and simple , and that cannot speak for himself , but that keeps his thoughts to himself . or thirdly , this doctrine is made a cloke of policy by the subtil elder brother , to cheat his simple younger brother of the freedoms of the earth : for saith the elder brother , the earth is mine , and not yours , brother ; and you must not work upon it , unless you will hire it of me : and you must not take the fruits of it , unless you will buy them of me , by that which i pay you for your labor : for if you should do otherwise , god will not love you , and you shall not go to heaven when you dye , but the devil will have you , and you must be damned in hell , if the younger reply , and say , the earth is my birth-right , as well as yours , and god who made us both , is no respecter of persons : therefore there is no reason but i should enjoy the freedoms of the earth for my comfortable livelyhood , as well as you , brother . i , but saith the elder brother , you must not trust to your own reason and vnderstanding , but you must 〈◊〉 what is written and what is told you ; and if you will not beleeve , your damnation will be the greater . i cannot beleeve , saith the younger brother , that our righteous creator should be so partial in his dispensations of the earth , seeing our bodies cannot live upon earth without the use of the earth . the elder brother replies , what , will you be an atheist , and a factious man , will you not believe god ? yes , saith the younger brother , if i knew god said so i should believe , for i desire to serve him . why , saith the elder brother , this is his word , and if you will not believe it , you must be damned ; but if you will believe it , you must go to heaven . well , the younger brother being weak in spirit , and having not a grounded knowledg of the creation , nor of himself , is terrified , and le ts go his hold in the earth , and submits himself to be a slave to his brother , for fear of damnation in hell after death , and in hopes to get heaven thereby after he is dead ; and so his eyes are put out , and his reason is blinded . so that this divining spiritual doctrine is a cheat ; for while men are gazing up to heaven , imagining after a happiness , or fearing a hell after they are dead , their eyes are put out , that they see not what is their birth-rights , and what is to be done by them here on earth while they are living : this is the filthy dreamer , and the cloud without rain . and indeed the subtle clergy do know , that if they can but charm the people by this their divining doctrine , to look after riches , heaven and glory when they are dead , that then they shall easily be the inheritors of the earth , and have the deceived people to be their servants . this divining doctrine , which you call spiritual and heavenly , was not the doctrine of christ , for his words were pure knowledg , they were words of life ; for he said , he spoke what he had seen with his father , for he had the knowledg of the creation , and spake as every thing was . and this divinity came in after christ to darken his knowledg ; and it is the language of the mystery of iniquity and antichrist , whereby the covetous , ambitious and serpentine spirit cozens the plain-hearted of his portions in the earth . and divinity cozens a plain heart two ways : first , if a man have an estate , according to the kings laws , he is made by this charm to give it , or bazle it away to the priests , or to religious uses , in hopes to get heaven when he is dead . or secondly , a man by running to hear divinity sermons , and dancing after his charming pipe , neglects his labour , and so runs into debt , and then his 〈◊〉 professors will cast him into prison , and starve him there , and there divinity will call him a hypocrite and wicked man , and become a devil to torment him in that 〈◊〉 . but surely light is so broke out , that it will cover the earth , so that the divinity charmers , shall say , the people will 〈◊〉 bear the voyce of our charming , charm we never so wisely : and all the priests , and clergy , and preachers of these spiritual and heavenly things , as they call them , shall take up the lamentation , which is their portion , alas , alas , that great city babylon , that mighty city divinity , which hath filled the whole earth with her forcery , and deceived all people , so that the whole world wondered after this beast ; how is it faln , and how is her judgment come upon her in one hour ? and further , as you may read , rev. . . the office of the post-master . in every parish throughout the commonwealth shall be chosen two men ( at the time when other officers are chosen , ) and these shall be called postmasters : and whereas there are four parts of the land , east , west , north , south , there shall be chosen in the chief city two men to receive in what the post-master of the east country brings in , and two men to receive in what the post-master of the west brings in , and two for the north , and so two for the south . now the work of the country post-master shall be this , they shall every moneth bring up or send by tydings from their respective parishes to the chief city , of what accidents or passages fall out , which is either to the honor or dishonor , hurt or profit of the commonwealth ; and if nothing have faln out in that moneth worth observation , then they shall write down peace or good order in such a parish . and when these respective post-masters have brought up their bills or certificates from all parts of the land , the receivers of those bills shall write down every thing in order from parish to parish in the nature of a weekly bill of observation . and those eight receivers shall cause the affairs of the four quarters of the land to be printed in one book with what speed may be , and deliver to every postmaster a book , that as they bring up the affairs of one parish in writing , they may carry down in print the affairs of the whole land . the benefit lies here , that if any part of the land be visited with plague , famine , invasion , or insurrection , or any casualties , the other parts of the land may have speedy knowledg , and send relief . and if any accident fall out through unreasonable action , or careless neglect , other parts of the land may thereby be made watchful , to prevent like danger . or if any through industry or ripeness of understanding have found out any secret in nature , or new invention in any art or trade , or in the tillage of the earth , or such like , whereby the commonwealth may more flourish in peace and plenty ; for which vertues those persons received honor in the places where they dweit . when other parts of the land hear of it , many thereby will be encouraged to employ their reason and industry to do the like , that so in time there will not be any secret in nature , which now lies hid ( by reason of the iron age of 〈◊〉 oppressing government ) but by some or other will be brought to light , to the beauty of our commonwealth . the rise of a commonwealths army . after that the necessity of the people in a parish , in a county , and in a land , hath moved the people to chuse officers to preserve common peace , the same necessity causeth the people to say to their officers , do you see our laws observed for our common preservation , and we will assist and protect you . this word assist and protect , implies the rising of the people by force of arms , to defend their laws and officers , who rule well , against any invasion , insurrection or rebellion of selfish officers , or rude people ; yea to beat down the turbulency of any foolish spirit that shall arise to break our common peace . so that the same law of necessity of common peace , which moved the people to chuse officers , and to compose a law for to be a rule of government : the same law of necessity of protection doth raise an army ; so that an army , as well as other officers in a commonwealth , spring from one and the same root , viz. from the necessity of common preservation . an army is two-fold , viz. a ruling army , or a fighting army . a ruling army is called magistracy in times of peace , keeping that land and government in peace by execution of the laws , which the fighting army did purchase in the field by their blood out of the hands of oppression . and here all officers , from the father in a family , to the parliament in a land , are but the heads and leaders of an army ; and all people arising to protect and assist their officers , in defence of a right ordered government , are but the body of an army . and this magistracy is called the rejoycing of all nations , when the foundation thereof are laws of common equity , whereby every single man may enjoy the fruit of his labour , in the free use of the earth , without being restrained or oppressed by the hands of others . secondly , a fighting army , called souldiers in the field , when the necessity of preservation , by reason of a forraign invasion , or inbred oppression , do move the people to arise in an army to cut and teer to pieces , either degenerated officers , or rude people , who seek their own interest , and not common freedom , and through treachery do endeavor to destroy the laws of common freedom , and to enssave both the land and people of the commonwealth to their particular wills and lusts . and this war is called a plague , because that cursed enmity of covetousness , pride , and vain glory , and envy in the heart of mankind did occasion the rise of it , because he will not be under the moderate observation of any free and right order , unless he himself be king and lord over other persons and their labours . for now the people do arise to defend their faithful officers , against such officers as are unfaithful , and to defend their laws and common peace . the use or work of a fighting army in a commonwealth is to beat down all that arise to endeavor to destroy the liberties of the commonwealth : for as in the days of monarchy , an army was used to subdue all who rebelled against kingly propriety ; so in the days of a free commonwealth , an army is to be made use of to resist and destroy all who endeavor to keep up or bring in kingly bondage again . the work of this fighting army is twofold . the first is to withstand the invasion , or coming in of a forraign enemy , whose invasion is for no other end , but to take away our land and earth from us , to deny us the free use thereof , to become kings and landlords over us , and to make us their slaves . as william the conqueror , when he had conquered england , he gave not only the land in parcels to his souldiers , but he gave all men , their wives and children , within such a lordship , to his lords of manors , 〈◊〉 do with them as they pleased : and for this cause now doth an army arise to keep out an invasion of a forraigner , that by the defence of our army , who is part of our selves , the rest of our brethren in the commonwealth may plow , sow , and reap , and enjoy the fruits of their labours , and so live in peace in their own land . or secondly , if a land be conquered , and so enslaved as england was , under the kings and conquering laws , then an army is to be raised with as much secrecy as may be , to restore the land again , and set it free , that the earth may become a common treasury to all her children , without respecting persons , as it was before kingly bondage came in , as you may read , sam. . this latter is called civil wars , and this is the wars of the commoners of england against king charls now cast out , for he and his laws were the successive power of that norman conquest over england . and now the commeners of england in this age of the world are rise up in an army , and have cast out that invasion of the duke of normandy , and have won their land and liberties again by the sword , if they do not suffer their councels to 〈◊〉 into slavery again upon a new accompt . therefore you army of englands commonwealth look to it ; the enemy could not beat you in the field , but they may be too hard for you by policy in 〈◊〉 , if you do not stick close to see common freedom established . for if so be that kingly authority be set up in your laws again , king charls hath conquered you and your posterity by policy , and won the field of you , though you seemingly have cut off his head . for the strength of a king lies not in the visible appearance of his body , but in his will , laws and authority , which is called 〈◊〉 government . but if you remove kingly government , and set up true and free commonwealths government , then you gain your crown , and keep it , and leave peace to your posterity , otherwise not . and thus doing makes a war either lawful or unlawful . an army may be murtherers and unlawful . if an army be raised to cast out kingly oppression , and if the heads of that army promise a commonwealths freedom to the oppressed people , if in case they will assist with person and purse , and if the people do assist , and prevail over the tyrant , those officers are bound by the law of justice ( who is god ) to make good their engagements : and if they do not set the land free from the branches of the kingly oppression , but reserve some part of the kingly power to advance their own particular interest , whereby some of their friends are left under as great slavery to them , as they were under the kings ; those officers are not faithful commonwealths souldiers , they are worse thieves and tyrant then the kings they cast out , and that honor they seemed to get by their victories over the commonwealths oppressor they lose again , by breaking promise and engagement to their oppressed friends who did assist them . for what difference is there between a professed tyrant , that declares himself a tyrant in words , laws and deeds , as all conquerors do , and him who promises to free me from the power of the tyrant if i 'le assist him ; and when i have spent my estate and blood , and the health of my body , and expect my bargain by his engagements to me , he sits himself down in the tyrants chair , and takes the possession of the land to himself , and calls it 〈◊〉 , and none of mine , and tells me he cannot in conscience let me enjoy the freedom of the earth with him , because it is another mans 〈◊〉 ? and now my health and estate is decayed , and i grow in age , i must either beg or work for day wages , which i was never brought up to , for another ; when as the earth is as freely my inheritance and birthright , as his whom i must work for ; and if i cannot live by my weak labors but take where i need , as christ sent and took the asse coìt in his need , there is no dispute , but by the kings and laws , he will hang me for a thief . but hear o thou righteous spirit of the whole creation , and judg , who is the thief . him who takes away the freedom of the common-earth from me , which is my creation rights , and which i have helped to purchase out of the hands of the kingly oppressor by my purse and person , and which he hath taken for wages of me : or i , who takes the common-earth to plant upon for my free livelyhood , endeavouring to live as a free commoner , in a free common-wealth , in righteousness and peace . such a souldier as this engagement breaker is neither a friend to the creation : nor to a particular common-wealth , but a self lover and a hypocrite , for he did not fight , to set the earth free from the bondage of the oppressor as he pretended by his engagements ; but to remove that power out of the others hand into his own . and this is just like the beasts who fight for mastery and keeps it , not releaving , but still lording and kinging over the weak . these are monarchial souldiers , not common-wealths souldiers ; and such a souldier is a murderer and his warfare is unlawful . but souldiers of true noble spirits , will help the weak , and set the oppressed free , and delight to see the common-wealth flowrish in freedom , as wel as their own gardens . there is none of this true nobility in the monarchial army , for they are all self lovers ; the best is as a briar , and the most upright amongst them is as a thorne held ; speak you prophers of old if this be not true . a monarchial army , lifts up mountains , and makes vallies , viz. advances tyrants , and treads the oppressed in the barran lanes of poverty . but a commonwealths army is like john baptist , who levels the mountains to the valleys , pulls down the tyrant , and 〈◊〉 up the oppressed : and so makes way for the spirit of peace and freedom to come in to rule and 〈◊〉 the earth . and by this which hath been spoken , an army may see wherein they may do well , and wherein they may do hurt . chap. v. education of mankinde , in schools and trades . mankinde in the days of his youth , is like a young colt , wanton and foolish , till he be broke by education and correction , and the neglect of this care , or the want of wisdom in the performance of it hath been , and is , the cause of much division and trouble in the world . therefore the law of a common-wealth does require , that not onely a father , but that all overseers , and officers should make it their work to educate children in good manners , and to see them brought up in some trade or other , and to suffer no children in any parish to live in idleness , and youthful pleasure , all their days , as many have been ; but that they be brought up 〈◊〉 men , and not like beasts : that so the common-wealth may be planted with laborious and wise experienced men , and not with idle fools . mankinde may be considered in a fourfold degree , his childhood , youth , manhood and old age ; his childhood and his youth , may be considered from his birth till forty yeers of age ; and within this compass of time , after he is weaned from his mother , who shall be the nurse her self , if there be no defect in nature , his parents shall teach him a civil and humble behavior toward all men . then send him to school , to learn to read the laws of the common-wealth , to ripen his wits from his childhood , and so to proceed in his learning , till he be acquainted with all arts and languages : and the reason is threefold . first , by being acquainted with the knowledge of the affairs of the world ; by this traditional knowledge they may be the better able to govern themselves like rational men . secondly , they may become thereby good common-wealths men , in supporting the government thereof , by being acquainted with the nature of government . thirdly , if england have occasion to send embassadors to any other land , we may have such as are acquainted with their language ; or if any embassador come from other lands , we may have such as can understand their speech . but one sort of children shall not be trained up onely to book learning , and no other imployment , called schollars , as they are in the government of monarchy , for then through idleness , and exercised wit therein , they spend their time to finde out 〈◊〉 to advance themselves , to be lords and masters above their laboring brethren , as simeon and levi do , which occasions all the trouble in the world . therefore , to prevent the dangerous events of idleness in scholars , it is reason , and 〈◊〉 for 〈◊〉 peace , that after children have been brought up at schools , to 〈◊〉 their wits , they shall then be set to such trades , arts and sciences , as their bodies and wits are capable of ; and therein continue till they come to fourty years of age . for all the work of the earth , or in trades , is to be managed by youth , and by such as have lost their freedoms . then from fourty years of age till fourscore , if he live so long , which is the degree of manhood and old age ; they shall be freed from all labor and work , unless they will themselves . and from among this degree of mankind shal be chosen all officers and overseers , to see the laws of the commonwealth observed . for as all men shall be workers or waiters in storehouses till they be fourty years of age , so none shall be chosen a publique officer till he be full fourty years of age : for by this time man hath learned experience to govern himself and others : for when young wits are set to govern , they wax wanton , &c. what trades should mankinde be brought up in ? in every trade , art , and science , whereby they may finde out the secrets of the creation , and that they may know how to govern the earth in right order . there are five fountains from whence all arts and sciences have their influences : he that is an actor in any or in all the five parts , is a profitable son of mankinde : he that onely contemplates and talks of what he reads and hears , and doth not employ his talent in some bodily action , for the encrease of fruitfulness , freedom , and peace in the earth , is an unprofitable son . the first fountain is the right planting of the earth to make it fruitful , and this is called husbandry : and there are two branches of it ; as first , planting , digging , dunging , liming , burning , grubbing , and right ordering of land , to make it fit to receive seed , that it may bring forth a plentiful crop : and under this head all millers , maltsters , bakers , harness-makers for plows and carts , rope-makers , spinners , and weavers of linnen , and such like , are all but good husbandry . the second branch of husbandry is gardening , how to plant , graft , and set all sort of fruit-trees , and how to order the ground for flowers , herbs and roots for pleasure food , or medicinal . and here all physicians , chyrurgeons , distillers of all sorts of waters , gatherers of drugs , makers of wines , and oyl , and preservers of fruits , and such like , may learn by observation , what is good for all bodies , both man and beasts . the second fountain is mineral employment , and that is to search into the earth to finde out mynes of gold and silver , brass , iron , tin , lead , cannel , coal , and stone of all sorts , salt-peter , salt , and allom-springs , and such like : and here all chymists , gunpowder makers , masons , smiths , and such like , as would finde out the strength and power of the earth , may learn how to order these for the use and profit of mankinde . the third fountain is the right ordering of cattel , whether by shepherds or herds men ; and such may learn here how to breed and train up cows for the daries , bulls and horses for the saddle or yoke . and here all tanners , hatters , shoomakers , glovers , spinners of wool , clothiers , taylors , dyers , and such like , may learn how to order and look to these . the fourth fountain is the right ordering of woods and timber trees , for planting , dressing , selling , framing of timber for all uses , for building houses or ships . and here all carpenters , joyners , throsters , plowmakers , instrument makers for musick , and all who work in wood and timber , may finde out the secret of nature , to make trees more plentiful and thriving in their growth , and profitable for use . the fifth fountain , from whence reason is exercised to finde out the secrets of nature , is observe the rising and setting of the sun , moon , and the powers of the heavens above ; and the motion of the tydes , and seas , and there several effects , powers , and operations upon the bodies of man and beast . and here may be learned astrology , astronomy , and navigation , and the motions of the winds , and the causes of several appearances of the face of heaven , either in storms , or in fareness . and in all these five fountains here is knowledg in the practice , and it is good . but there is traditional knowledg , which is attained by reading , or by the instruction of others , and not practical , but leads to an idle life ; and this is not good . the first is a laborious knowledg , and a preserver of common peace , which we finde god himself acting ; for he put forth his own wisdom in practise , when he set his strength to work to make the creation : for god is an active power , not an imaginary fancy . the latter is an idle , lazy contemplation the scholars would call knowledg , but it is no knowledg , but a shew of knowledg , like a parrat who speaks words , but he knows not what he saith : this same shew of knowledg rests in reading or contemplating , or hearing others speak , and 〈◊〉 so too , but will not set his hand to work : and from this traditional knowledg and learning life up both clergy and lawyer , who by their cunning insinuations live meerly upon the labor of other men , and teach laws which they themselves will not do , and layes burdens upon others which they themselves will not touch with the least of their fingers ; and from hence arises all oppressions , wars , and troubles in the world , the one is the son of contention , the other the son of darkness , but both the supporters of bondage , which the creation groans under . therefore to prevent idleness and the danger of machivilian cheats , it is profitable for the common-wealth , that children be trained up in trades and some bodily imployment , as well as in learning languages , or the histories of former ages . and as boyes are trained up in learning and in trades , so all maides shall be trained up in reading , sowing , kniting , spining of lynnen and woollen , musique , and all other easie neat works , either for to furnish storehouses with 〈◊〉 and woollen cloth , or for the ornament of particular houses with needle work . and if this course were taken , there would be no idle person nor beggers in the land , and much work would be done by that now lazie generation for the enlarging of the common treasuries . and in the manageing of any trade , let no young wit be crushed in his invention , for if any man desire to make a new tryall of his skil in any trade of science , the overseers shall not hinder him , but incourage him therein ; that so the spirit of knowledge may have his full growth in man , to finde out the secret in every art . and let every one who finds out a new invention have a deserved honour given him , and certainly when men are sure of food and raiment , their reason will be ripe , and ready to dive into the 〈◊〉 of the creation , that they may learn to see and know god ( the spirit of the whole creation ) in all his works ; for fear of want , and care to pay rent to task-masters , hath hindred many rare inventions . so that kingly power hath crushed the spirit of knowledg , and would not suffer it to rise up in its beauty and 〈◊〉 , but by his club law hath preferred the spirit of imagination , which is a deceiver , before it . there shal be no buying and selling of the earth , nor of the fruits thereof . for by the government under kings , the cheaters hereby have cozened the plain hearted of their creation birth-rights , and have 〈◊〉 themselves in the earth and cals it 〈◊〉 and not the others , and so have brought in that poverty and misery which 〈◊〉 upon many men . and whereas the wise should help the foolish , and the strong help the weak ; the wise and the strong destroys the weak and the simple . and are not all children generally simple and weak and know not the things that belong to their peace till they come to ripe age , but before they come to that understanding , the cunning ones who have more strength and policy , have by this hypocriticall , lying , unrighteous and cheating art of buying and selling , wrung the freedoms of the earth out of their hands , and cozened them of their birth-rights . so that when they come to understanding , they see themselves beggers in the middest of a fruitfull land , and so the proverb is true , plain dealing is a jewel , but he who uses it shal dye a begger . and why ? because this buying and selling is the nursery of cheaters , it is the law of the conquerer , and the righteousness of the scribes and pharisees , which both killed christ and hindred his resurrection , as much as darkness can to put out light . and these cunning cheaters commonly become the rulers of the earth , and then the city man kind mourns , for not the wise poor man , but the cunning rich man , was always made an officer and ruler , such a one as by his stolen interest in the earth would be sure to hold others in bondage of poverty and servitude to him and his party . and hence arise oppression and tyranny in the earth upon the backs of the weak younger brethren , who are made younger brothers indeed , as the proverb is , by their cunning elder brother ; and as daniel said , the basest of men under kingly government were set to rule , who can command but not obey , who can take other mens labors to live at ease , but not work themselvs . therefore there shal be no buying and selling in a free common-wealth , neither shall any one hire his brother to work for him . if the common-wealth might be governed without buying and selling here is a platform of government for it , which is the ancientest law of righteousness to mankind in the use of the earth , and which is the very height of earthly freedoms . but if the minds of the people , through covetousness and proud ignorance , wil have the earth governed by buying and selling still , this same platform , with a few things substracted , declares an easie way of government of the earth for the quiet of peoples minds , and preserving of peace in the land . for , as like a tradesman , i ask the highest price , yet i may fall ( if you will rise ) upon a good advice . how must the earth be planted ? the eirth is to be planted , and the fruits reaped , and carried into barns and store-houses by the assistance of every family : and if any man or family want corn , or other provision , they may go to the store-houses , and fetch without money : is they want a horse to ride , go into the fields in summer , or to the common stables in winter , and receive one from the keepers , and when your journey is performed , bring him where you had him , without money . if any want food or victuals , they may either go to the butchers shops , and receive what they want without money ; or else go to the flocks of sheep , or herds of cattel , and take and kill what meat is needful for their families , without buying and selling . and the reason why all the riches of the earth are a common stock , is this , because the earth , and the labours thereupon , are managed by common assistance of every family , without buying and selling ; as is shewn how more largely , in the office of overseers for trades , and the law for store-houses . the laws for the right ordering thereof , and the officers to see the laws executed ; to preserve the peace of every family , and the peace of every man , and to improve and promote every trade , is shewed in the work of officers , and by the laws following . none will be an enemy to this freedom , which indeed is to do to another as a man would have another do to him , but covetousness and pride , the spirit of the old grudging snapping pharisees , who gives god abundance of good words , in their sermons , in their prayers , in their fasts , and in their thanksgivings , as though none should be more faithful servants to him then they : nay , they will shun the company , imprison , and kill every one that will not worship god , they are so zealous . well now , god and christ hath enacted an everlasting law , which is love ; not onely one another of your own minde , but love your enemies too , such as are not of your minde : and , having food and raiment , therewith be content . now here is a trial for you , whether you will be faithful to god and christ , in obeying his laws ; or whether you will destroy the man-childe of true freedom , righteousness and peace , in his resurrection . and now thou wilt give us either the tricks of a souldier , face about , and return to egypt , and so declare thy self to be part of the serpents seed , that must bruise the heel of christ ; or else to be one of the plain-hearted sons of promise , or members of christ , who shall help to bruise the serpents head , which is kingly oppression ; and so bring in everlasting righteousness and peace into the earth . well , the eye is now open . store-houses shall be built and appointed in all places , and be the common stock . there shall be store-houses in all places , both in the country and in cities , to which all the fruits of the earth , and other works made by tradesmen , shall be brought , and from thence delivered out again to particular families , and to every one as they want for their use ; or else to be transported by ship to other lands , to exchange for those things which our land will not or does not afford . for all the labours of husbandmen and trades-men , within the land , or by navigation to or from other lands , shall be all upon the common stock . and as every one works to advance the common stock , so every one shall have a free use of any commodity in the store-house , for his pleasure and comfortable livelihood , without buying and selling , or restraint from any . and having food and raiment , lodging , and the comfortable societies of his own kinde ; what can a man desire more in these days of his travel ? indeed , covetous , proud , and beastly-minded men , desire more , either to lie by them to look upon , or else to waste and spoil it upon their lusts ; while other brethren live in straits for want of the use thereof . but the laws and faithful officers of a free commonwealth , do regulate the unrational practice of such men . there are two sorts of store-houses ; general , and particular . the general store-houses are such houses as receive in all commodities in the gross ; as all barns , and places to lay corn and the fruits of the earth at the first reaping : and these may be called store-houses for corn , flax , wool ; for leather , for iron , for linen and woollen cloth , or for any commodity that comes into our hand by shipping ; from whence particular family or shop-keepers may fetch as they need , to furnish their lesser shops . so likewise herds of cattel in the field , flocks of sheep , and horses , are all common store-houses ; so that from the herds and flocks every family may fetch what they want for food or pleasure , without buying and selling . so likewise all publike dayries are store-houses for butter and cheese : yet every family may have cows for their own use , about their own house . and these general store-houses shall be filled and preserved by the common labour and assistance of every family ; as is mentioned in the office of overseer for trades . and from these publike houses , which are the general stock of the land , all particular trades-men may fetch materials for their particular work as they need , or to furnish their particular dwellings with any commodities . secondly , there are particular store-houses or shops ; to which the trades-men shall bring their particular works ; as all instruments of iron to the iron-shops , hats to shops appointed for them ; gloves , shooes , linen , and woollen cloth in smaller parcels , to shops appointed for every one of them ; and the like . even as now we have particular trade in cities , and towns , called shopkeepers , which shall remaine still as they be , only altered in their receiving in , and delivering out : for whereas by the law of kings or conquerers , they do receive in and deliver out by buying and selling , and exchanging the conquerers picture or stampe upon a piece of gold or silver , for the fruits of the earth ; now they shall ( by the laws of the commonwealth ) receive into their sops , and deliver out againe freely , without buying and selling . they shall receive in , as into a storehouse , and deliver out againe freely , as out of a common store-house , when particular persons or familes come for any thing they need , as now they do , by buying and selling under kingly government . for as particular families and tradesmen do make several works more then they can make use of ; as hats , shooes , gloves , stockings , linnen and woolen cloth : and the like , and do carry their particular work to store-houses . so it is all reason and equity , that they should go to other store-houses , and fetch any other commodity which they want , and cannot make : for as other men partakes of their labors , it is reason they should pertake of other mens . and all these store-houses and shops shall be orderly kept by such as shall be brought up to be waiters therein , as is mentioned in the office of overseers for trades . for as there are some men more ingenious to work , so other men are more ingenious in keeping of store-houses and shops , to receive in and deliver out commodities . and all this easie work , may be called waiting at such and such a store-house . as some may waite at corn-houses , some at linen and woolen houses , some at leather , some at iron-shops ; and every general and particular commodity shall be known where they are , by their houses and shops , as it is at this day ; so that townes and cities , and every family almost are but store-houses of one commodity or other , for the uses of the commonwealth , or to transport to other lands . now this same free practice , will kill covetousness , pride , and oppression : for when men have a law to buy and sell , then as i said before , the cuning cheaters get great estates by others mens labors ; and being rich thereby , become oppressing lords over their brethren ; which occasions all our troubles and wars in all nations . come hither now , all you who chalenge your brethren to deny christ , as though you were the only men that love christ , and would be true to him . here is a trial of your love : can you be as ready to obey the law of liberty which is the command of christ , as you would have others to obey your kingly laws of bondage ? it may be you will either storme , or go away sorrowful ; does not christ tell you , that if you have food and rayment , you should therewith be content ? and in this common freedome , here will be food and rayment , ease and pleasure plentiful , both for you and your brethren ; so that none shall beg or starve , or live in the straits of poverty ; and this fulfils that righteous law of christ , do as you would be done by : for that law of christ can never be performed , till you establish common-wealths freedome . therefore now let it appear seeing the child is come to the birth , whether you will receive christ who is the spreading spirit of freedom , righteousness , and peace ; or whether you will return to monarchy , to embrace that egyptian bondage still . well , here is life and death set before you , take whether you will ; but know , that unless your righteousness exceed the righteousness of the kingly and lordly scribes and pharisees , you shall never enjoy true peace in your spirit . chap. vi . the kings old laws cannot govern a free commonwealth . they cannot govern in times of bondage and in times of freedom too : they have indeed served many masters , popish and protestant : they are like old souldiers , that will but change their name , and turn about and as they were ; and the reason is , because they are the prerogative will of those under any religion , that count it no freedom to them , unless they be lords over the minds , persons , and labors of their brethren . they are called the kings laws , because they are made by the kings , if any say they were made by the commoners ; it is answered , they were not made by the commoners , as the commoners of a free commonwealth , are to make laws . for in the dayes of the kings , none were to chuse , nor be chosen parliament men , or law makers , but lords of mannors , and freeholders , such as held title to their inclosures of land , or charters for their liberties in trades under the king , who called the land his , as he was the conquerer , or his successor . all inferior people were neither to chuse , nor to be chosen ; and the reason was , because all freeholders of land , and such as held their liberties by charter , were all of the kings interest ; and the inferior people were successively of the rank of the conquered ones , and servants and slaves from the time of the conquest . and further , when a parliament was chosen in that manner , yet if any parliament man in the uprightness of his heart , did endeavor to promote any freedome , contrary to the kings will , or former customes from the conquest he was either committed to prison by the king , or by his house of lords , who were his ancient norman successive councel of war ; or else the parliament was dissolved and broke up by the king . so that the old laws were made in times under kingly slavery , not under the liberty of commonwealths freedome , because parliament men must have regard to the kings prerogative interest , to hold his conquest , or else indanger themselves . as sometimes it is in these dayes : some officers , dare not speak against the minds of those men who are the chief in power , nor a private souldier against the minde of his officer , lest they be cashiered their places and livelihood . and so long as the promoting of the kings will and prerogative was to be in the eye of the law makers , the oppressed commoners , could never enjoy commonwealths freedome thereby . yet by the wisdome , courage , faithfulness , and industry , of some parliament men , the commoners have received here a line , and there a line of freedome inserted into their laws ; as those good lines of freedom in magna charta were obtained by much hardship and industry . secondly , they were the kings laws , because the kings own creatures made the laws ; or lords of mannors , freeholders &c. were successors of the norman souldiers from the conquest , therefore they could do no other but maintaine their own , and their kings interest . and do we not see , that all laws were made in the dayes of the kings to ease the rich landlord ? but the poor laborers were left under bondage still ; they were to have no freedome in the earth , by those pharisaical laws : for when laws were made , and parliaments broke up , the poor oppressed commoners had no relief , but the power of lords of mannors , withholding the free use of the common land from them , remained still : for none durst make use of any common land , but at the lords leave according to the will and law of the conquerer , therefore the old laws were called the kings laws . and these old laws cannot govern a free commonwealth , because the land now is to be set free from the slavery of the norman conquest ; and the power of lords of mannors , and norman freeholders , is to be taken away , or else the commoners are but where they were , if not faln lower into straights then they were : and the old laws cannot look with any other face then they did ; though they be washed with commonwealths water , their countenance is still withered : therefore it was not for nothing that the kings would have all their laws written in french and latine , and not in english , partly in honour to the norman race , and partly to keep the common people ignorant of their creation-freedoms , lest they should rise to redeem themselves : and if those laws should be writ in english , yet if the same kingly principles remain in them , the english language would not advantage us any thing , but rather increase our sorrow , by our knowledge of our bondage . what is law in general . law is a rule , whereby man and other creatures are governed in their actions , for the preservation of the common peace . and this law is twofold : first , it is the power of life ( called the law of nature within the creatures ) which does move both man and beast in their actions ; or that causes grass , trees , 〈◊〉 and all plants , to grow in their several seasons : and whatsoever any body does , he does it as he is moved by this inward law . and this law of nature moves twofold , viz. unrationally , or rationally . a man by this inward law is guided to actions of generation and present content , rashly , through a greedy self-love , without any consideration , like foolish children , or like the bruit beasts : by reason whereof , much hurt many times follows the body . and this is called the law in the 〈◊〉 warring against the law of the minde . or when there is an inward watchful oversight of all motions to action , considering the end and effects of those actions , that there be no excess in diet , in speech , or in action break forth , to the prejudice of a mans self or others . and this is called the light in man , the reasonable power , or the law of the minde . and this rises up in the heart , by an experimental observation of that peace and trouble which such and such words thoughts and actions bring the man into . and this is called the record on high ; for it is a record in a mans heart above the former unreasonable power . and it is called the witness or testimony of a 〈◊〉 own 〈◊〉 . and it is said to the law and to the testimony , &c. for this moderate watchfulness is still the law of nature in a higher resurrection then the former 〈◊〉 it hath many terms which for 〈◊〉 sake i let pass . and this twofold work of the law within man , strives to bring 〈◊〉 themselves in writing to 〈◊〉 numbers of bodies on their fides . and that power that begets the biggest number , alwayes rules as king and lord in the creature , and in the creation , till the other part overtop him , even as light and darkness , strive in 〈◊〉 and 〈◊〉 to succeed each other ; or as it is said , the strong man armed , keeps the heart of man , till a stronger then he came , and cast him out . and this written law , proceeding either from reason or unreasonableness , is called the letter ; whereby the creation of mankinde , beasts , and earth is governed according to the will of that power which rules . and it is called by his opposite , the letter that kils , and by those of the same nature with it , it is called the word of life . as for example , if the experienced , wise , and strong man bears rule , then he writes down his minde to curb the unreasonable law of covetousnes and pride in unexperienced men , to preserve peace in the commonwealth . and this is called the historical or traditional law , because it is conveyed from one generation to another by writing ; as the laws of israels commonwealth were writ in a book by moses , and so conveyed to poposterity . and this outward law is a bridle to unreasonableness , or as solomon writ , it is a whip for the fools back , for whom only it was added . secondly , since moses time , the power of unreasonable coveteousness and pride hath sometimes rise up , and corrupted that traditional law . for since the power of the sword rise up , in nations to conquer , the written law hath not been to advance common freedom and to beat down the unreasonable self-will in mankind , but it hath been framed to uphold that self-will of the conquerer , right or wrong ; not respecting the freedome of the commonwealth , but the freedome of the conquerer and his friends only . by reason whereof , much slavery hath been laid upon the backs of the plaine dealing man ; and men of publick spirits , as moses was , have been crushed , and their spirits damped thereby ; which hath bred , first discontents , and then more wars in the nations . and those who have been favorites about the conquerer , have by hypocrisie and flattery pleased their king , that they might get what they can of the earth into their possession ; and thereby have increased the bondage of the paineful laborer , if they could but catch him to act contrary to the conquerers will , called law . and now the city mournes : and do we not see , that the laws of kings have been alwayes made against such actions as the common-people were most inclinable to , on purpose to 〈◊〉 them into their sessions and courts , that the lawyers and clergy , who were the kings supporters , might get money thereby , and live in fulness , by other mens labors ? but hereby the true nature of a wel-governed commonwealth hath been ruined , and the will of kings set up for a law , and the law of righteousness , law of liberty trod under foot and killed . this traditional law of kings , is that letter at this day which kils true freedom , and it is the 〈◊〉 of wars and persecution . this is the souldier , who cut christs garment into pieces , which was to have remained uncut and without seame ; this law moves the people to fight one against another for those pieces viz. for the several inclosures of the earth , who shall possess the earth , and who shall be ruler over others . but the true ancient law of god , is a covenant of peace to whole mankinde ; this sets the earth free to all ; this unites both jew and gentile into one brotherhood , and rejects none : this makes christs garment whole againe , and makes the kingdomes of the world to become common-wealths again . it is the inward power of right understanding , which is the true law that teaches people in action , as well as in words , to do as they would be done unto . but thus much in general , what law is : hereafter followes what those particular laws may be , whereby a commonwealth may be governed in peace , and all burdens removed ; which is a breaking forth of that law of liberty , which will be the joy of all nations , when he arises up , and is established in his brightness . short and pithy laws are best to govern a commonwealth . the laws of israels commonwealth were few , short and pithy ; and the government thereof was established in peace so long as officers and people were obedient thereunto . but those many laws in the dayes of the kings of england , which were made some in times of popery , and some in times of protestantism , and the proceedings of the law being in french and latine , hath produced two great evils in england , first , it hath occasioned much ignorance among the people , and much contention ; and the people have mightily erred through want of knowledge , and thereby they have run into great expence of money by suits of law , or else many have been imprisoned , whipped , banished , lost their estates and lives by that law which they were ignorant of , till the scourge thereof was upon their backs ; this is a sore evil among the people . secondly , the peoples ignorance of the laws , hath bread many sons of contention : for when any difference fals out between man and man , they neither of them know which offends the other ; therefore both of them thinking their cause is good , they delight to make use of the law ; and then they go and give a lawyer mony to tell them , which of them was the offender . the lawyer being glad to maintain their own trade , sets them together by the ears , till all their moneys be near spent ; and then bids them refer the business to their neighbors , to make them friends ; which might have been done at the first . so that the course of the law and lawyers hath been a 〈◊〉 snare to entrap the people , and to pull their estates from them by 〈◊〉 ; for the lawyers do uphold the conquerors interest , and the peoples slavery : so that the king seeing that , did put all the affairs of judicature into their hands : and all this must be called justice , but it is a 〈◊〉 evil . but now if the laws were few and short , and often read , it would prevent those evils ; 〈◊〉 every one , knowing when they did well , and when ill , would be very cautious of their words and actions ; and this would escape the lawyers craft . as moses laws in israels commonwealth : the people did talk of them when they lay down , and when they rose up , and as they walked by the way ; and bound them as bracelets upon their hands : so that they were an understanding people in the laws wherein their peace did depend . but it is a sign that england is a blinded and a snared generation ; their leaders through pride and covetousness have caused them to err , yea and perish too , for want of the knowledg of the laws , which hath the power of life and death , freedom and bondage , in its hand . but i hope better things hereafter . what may be those particular laws , or such a method of laws , whereby a commonwealth may be governed . . the bare letter of the law established by act of parliament shall be the rule for officer and people , and the chief judg of all actions . . he or they who add or diminish from the law , excepting in the court of parliament , shall be cashiered his office , and never bear office more . . no man shall administer the law for mony or reward ; he that doth shal dye as a traytor to the commonwealth : for when mony must buy and sell justice , and bear all the sway , there is nothing but oppression to be expected . . the laws shall be read by the minster to the people four times in the year , viz. every quarter , that every one may know whereunto they are to yeeld obedience ; then none may dye for want of knowledg . . no accusation shall be taken against any man , unless it be proved by two or three witnesses , or his own confession . . no man shall suffer any punishment , but for matter of fact , or reviling words : but no man shall be troubled for his judgment or practise in the things of his god , so he live quiet in the land . . the accuser and accused shall always appear face to face before any officer , that both sides may be heard , and no wrong to either party . 〈◊〉 . if any judg or officer execute his own will contrary to the law , or which there is no law to warrant him in , he shall be cashiered , and never bear office more . . he who raises an accusation against any man , and cannot prove it , shall suffer the same punishment the other should , if proved . an accusation is when one man complains of another to an officer , all other accusations the law takes no notice of . . he who strikes his neighbor , shall be struck himself by the executioner blow for blow , and shall lose eye for eye , tooth for 〈◊〉 , limb for limb , life for life : and the reason is , that men may be tender of one anothers bodies , doing as they would be done by . . if any man strike an officer , he shall be made a servant under the taskmaster for a whole year . . he who endevo s to stir up contention among neighbors , by tale-bearing or false reports , shall the first time be reproved openly by the overseers among all the people : the second time shall be whiped : the third time shall be a servant under the taskmaster for three months : and if he continues , he shall be a servant for ever , and lose his freedom in the commonwealth . . if any give reviling and provoking words , whereby his neighbors spirit is burthened , if complaint be made to the overseers , they shall admonish the offender privately to forbear : if he continues to offend his neighbor , the next time he shall be openly reproved and admonished before the congregation , when met together : if he continue , the third time he shall be whipt ; the fourth time , if proof be made by witnesses , he shall be a servant under the taskmaster for twelve months . . he who will rule as a lord over his brother , unless he be an officer commanding obedience to the law , he shall be admonished as aforesaid , and receive like punishment , if he continue . laws for the planting of the earth , &c. . every houshold shall keep all instruments and tools fit for the 〈◊〉 of the earth , either for planting , reaping or threshing . some households , which have many men in them , shall keep plows , carts , harrows , and such like : other housholds shall keep spades , pick-axes , axes , pruning hooks , and such like , according as every family is furnished with men to work therewith . and if any master or father of a family be negligent herein , the overseer for that circuit shall admonish him between them two ; if he continue negligent , the overseers shall reprove him before all the people : and if he utterly refuse , then the ordering of that family shall be given to another , and he shall be a servant under the taskmaster till he conform . . every family shall come into the field , with sufficient assistance , at seed time to plow , dig , and plant , and at harvest time to reap the fruits of the earth , and 〈◊〉 them into the store-houses , as the overseers order the work , and the number of workmen . and if any refuse to assist in this work , the overseers shall ask the reason , and if it be sickness , or any distemper that hinders them , they are freed from such service ; if meer idleness keep them back , they are to suffer punishment , according to the laws against 〈◊〉 . laws against idleness . . if any refuse to learn a trade , or refuse to work in seed-time , or harvest , or refuse to be a waiter in store-houses , and yet will feed and clothe himself with other mens labors ; the overseers shall first admonish him privately ; if he continue idle , he shall be reproved openly before all the people by the overseers ; and shall be forbore with a moneth after this reproof : if he still continues idle , he shall then be whipt , and be let go at liberty for a moneth longer ; if still he continue idle , he shall be delivered into the task-masters hand , who shall set him to work for twelve moneths , or till he submit to right order : and the reason why every young man shall be trained up in some work or other , is to prevent pride and contention ; it is for the health of their bodies , it is a pleasure to the minde , to be free in labors one with another ; and it provides plenty of food and all necessaries for the common-wealth . laws for store-houses . . in every town and city , shall be appointed store-houses for flax , wool , lether , cloth , and for all such commodities , as come from beyond seas , and these shall be called general store-houses , from whence every particular family may fetch such commodities as they want , either for their use in their house , or for to work in their trades ; or to carry into the country store-houses . . every particular house and shop in a town or city , shall be 〈◊〉 store-house or shop , as now they be ; and these shops shall either be furnished by the particular labor of that family according to the trade that family is of , or by the labor of other lesser families of the same trade , as all shops in every town are now furnished . . the waiters in store-houses , shall deliver the goods under their charge , without receiving any money , as they shall receive in their goods without paying any money . . if any waiter in a store-house neglect his office , upon a just complaint the overseers shall acquaint the judges court therewith , and from thence he shall receive his sentence to be discharged that house and office ; and to be appointed some other laboring work under the taskmaster ; and another shall have his place : for he who may live in freedom and will not , is to taste of servitude . laws for overseers . . the onely work of every overseer , is to see the laws executed ; for the law is the true magistracy of the land . . if any overseer , favour any in their idleness , and neglect the execution of the laws , he shall be reproved the first time by the judges court ; the second time cashiered his office , and shall never bear office more , but fall back into the rank of young people and servants to be a worker . . new overseers , shall at their first entrance into their office , look back upon the actions of the old overseers of the last year , to see if they have been faithful in their places , and consented to no breach of law , whereby kingly bondage should any ways be brought in . . the overseers for trades , shall see every family to lend assistance to plant and reap the fruits of the earth ; to work in their trades , and to furnish the store-houses ; and to see that the waiters in store-houses be diligent to receive in , and deliver out any goods , without buying and selling , to any man whatsoever . . while any overseer is in the performance of his place , every one shall assist him , upon pain of open reproof ( or cashiered if he be another officer ) or forfeiture of freedom , according to the nature of the business in hand , in which he refused his assistance . laws against buying and selling . . if any man entice another to buy and sell , and he who is enticed doth not yield , but makes it known to the overseer ; the enticer shall lose his freedom for twelve moneths , & the overseer shal give words commendation of him that refused the enticement , before all the congregation , for his faithfulness to the common-wealths peace . . if any do buy and sell the earth or fruits thereof , unless it be to , or with 〈◊〉 of another nation , according to the law of navigation , they shall be both put to death as traytors to the peace of the common-wealth ; because it brings in kingly bondage again : and is the occasion of all quarrels and oppressions . . he or she who calls the earth his , and not his brothers , shall be set upon a stool , with those words written in his forehead , before all the congregation ; and afterwards be made a servant for twelve moneths under the taskmaster : if he quarrel , or seek by secret perswation , or open rising in arms , to set up such a kingly propriety , he shall be put to death . . the storehouses shall be every mans substance , and not any ones . . no man shall either give , hire , or take hire for his work ; for this brings in kingly bondage : if any freemen want help , there are young people , or such as are common servants , to do it , by the overseers appointment : he that gives , and he that takes hire for work , shall both lose their freedom , and become servants for twelve months under the taskmaster . laws for navigation . . because other nations as yet own monarchy , and will buy and sell ; therefore it is convenient , for the peace of our commonwealth , that our ships do transport our english goods , and exchange for theirs , and conform to the customs of other nations in buying and selling : always provided , that what goods our ships carry out , they shall be the commonwealths goods ; and all their trading with other nations shall be upon the common stock , to enrich the storehouses . laws for silver and gold . . as silver and gold is either found out in mynes in our own land , or brought by shipping from beyond sea , it shall not be coyned with a conquerors stamp upon it , to set up buying and selling under his name , or by his leave ; for there shall be no other use of it in the common-wealth , then to make dishes and other necessaries for the ornament of houses , as now there is use made of brass , pewter , and iron , or any other metal in their use . but if in case other nations , whose commodities we want , will not exchange with us , unless we give them money , then pieces of silver and gold may be stamped with the commonwealths arms upon it , for the same use , and no otherwise . for where money bears all the sway , there is no regard of that golden rule , do as you would be done by : justice is bought and sold : nay , injustice is sometimes bought and sold for money : and it is the cause of all wars and oppressions . and certainly the righteous spirit of the whole creation did never enact such a law , that unless his weak and simple men did go from england to the east indies , and fetch silver and gold to bring in their hands to their brethren , and give it them for their good-will to let them plant the earth , and live and enjoy their livelyhood therein . laws to choose officers . . all overseers and state-officers shall be chosen new every year , to prevent the rise of ambition and covetousness ; for the nations have smarted sufficiently by suffering officers to continue long in an office , or to remain in an office by hereditary succession . . a man that is of a turbulent spirit , given to quarreling , and provoking words to his neighbor , shall not be chosen any officer while he so continues . . all men from twenty years of age upwards shall have freedom of voyee to choose officers , unless they be such as lie under the sentence of the law . . such shall be chosen officers , as are rational men of moderate conversation , and who have experience in the laws of the commonwealth . . all men from forty years of age upwards shal be capable to be chosen state officers , and none younger , unless any one by his industry and moderate conversation doth move the people to choose him . . if any man make suit to move the people to choose him an officer , that man shall not be chose at all that time : if another man perswade the people to choose him who makes suit for himself , they shall both lose their freedom at that time , viz , they shall neither have a voyce to choose another , nor be chosen themselves . laws against treachery . . he who professes the service of a righteous god by preaching and prayer , and makes a trade to get the possessions of the earth , shall be put to death for a witch and a cheater . . he who pretends one thing in words , and his actions declare his intent was another thing , shall never bear office in the commonwealth . what is freedom ? every freeman shall have a freedom in the earth , to plant or build , to fetch from the store-houses any thing he wants , and shall enjoy the fruits of his labours without restraint from any ; he shall not pay rent to any landlord , and he shall be capable to be chosen any officer , so he be above forty years of age , and he shall have a voyce to choose officers though he be under forty years of age : if he want any young men to be assistance to him in his trade or houshold employment , the overseers shall appoint him young men or maids to be his servants in his family . laws for such as have lost their freedom . . all those who have lost their freedom , shall be clothed in white woolen cloth , that they may be distinguished from others . . they shall be under the government of a task-master , who shall appoint them to be porters or laborers , to do any work that any freeman wants to be done . . they shall do all kind of labour without exception , but their constant work shall be carriers or carters , to carry corn , or other provision , from store-house to store-house , from country to cities , and from thence to countries , &c. . if any of these refuse to do such work , the task-master shall see them whipt , and shall feed them with coarse dyet : and what hardship is this ? for freemen work the easiest work , and these shall work the hardest work : and to what end is this , but to kill their pride and unreasonableness , that they may become useful men in the commonwealth ? . the wife or children of such as have lost their freedom , shall not be as slaves till they have lost their freedom , as their parents and husbands have done . . he who breaks any laws shall be the first time reproved in words in private or in publique , as is shewed before ; the next time whipt , the third time lose his freedom , either for a time or for ever , and not to be any officer . . he who hath lost his freedom shall be a common servant to any freeman , who comes to the task-masters , and requires one to do any work for him ; always provided , that after one freeman hath by the consent of the task-masters appointed him his work , another freeman shall not call him thence till that work be done . . if any of these offenders revile the laws by words , they shall be soundly whipt , and fed with coarse dyet ; if they raise weapons against the laws , they shall dye as traytors . laws to restore slaves to freedom . . when any slaves give open testimony of their humility and diligence , and their care to observe the laws of the commonwealth , they are then capable to be restored to their freedom , when the time of servitude is expired , according to the judges sentence ; but if they remain opposite to the laws , they shall continue slaves still another term of time . . none shall be restored to freedom till they have been a twelve moneth laboring servants to the commonwealth , for they shall winter and summer in that condition . . when any is restored to freedom , the judg at the senators court shall pronounce his freedom , and give liberty to him , to be clothed in what other coloured cloth he will . . if any persons be sick or wounded , the chyrurgeons , who are trained up in the knowledg of herbs and minerals , and know how to apply plaisters or physick , shall go when they are sent for to any who need their help , but require no reward , because the common stock is the publique pay for every mans labour . . when a dead person is to be buried , the officers of the parish and neighbors shall go along with the corpse to the grave , and see it layd therein , in a civil manner ; but the publique minister nor any other shall have any hand in reading or exhortation . . when a man hath learned his trade , and the time of his seven years apprenticeship is expired , he shall have his freedom to become master of a family , and the overseers shall appoint him such young people to be his servants as they think fit , whether he marry , or live a single life . laws for marriage . . every man and woman shall have the free liberty to marry whom they love , if they can obtain the love and liking of that party whom they would marry , and neither birth nor portion shall hinder the match , for we are all of one blood , mankind ; and for portion , the common store-houses are every man and maids portion , as free to one as to another . . if any man lie with a maid , and beget a child , he shall marry her . . if a man lie with a woman forcibly , and she cry out , and give no consent ; if this be proved by two witnesses , or the mans confession , he shall be put to death , and the woman let go free ; it is robbery of a woman bodily freedom . . if any man by violence endeavor to take away another mans wife , the first time of such violent offer he shall be reproved before the congregation by the peace-maker , the second time he shall be made a servant under the task-master for twelve moneths ; and if he forcibly lie with another mans wife , and she cry out , as in the case when a maid is forced , the man shall be put to death . . when any man or woman are consented to live together in marriage , they shall acquaint all the overseers in their circuit therewith , and some other neighbors ; and being all met together , the man shall declare by his own mouth before them all , that he takes that woman to be his wife , and the woman shall say the same , and desire the overseers to be witnesses . . no master of a family shall suffer more meat to be dressed at a dinner or supper , then what will be spent and eaten by his houshold , or company present , or within such a time after , before it be spoyled . if there be any spoyl constantly made in a family of the food of man , the overseer shall reprove the master for it privately ; if that abuse be continued in his family , through his neglect of family government , he shall be openly reproved by the peace-maker before all the people , and ashamed for his folly ; the third time he shall be made a servant for twelve moneths under the task-master , that he may know what it is to get food , and another shall have the oversight of his house for the time . . no man shall be suffered to keep house , and have servants under him , till he hath served seven years under command to a master himself ; the reason is , that a man may be of age , and of rational carriage , before he be a governor of a family , that the peace of the commonwealth may be preserved . here is the righteous law , man , wilt thou it maintain ? it may be , is , as hath still , in the world been slain . truth appears in light , falshood rules in power ; to see these things to be , is cause of grief each hour . knowledg , why didst thou come , to wound , and not to cure ? i sent not for thee , thou didst me inlure . where knowledge does increase , there sorrows multiply , to see the great deceit which in the worlddoth lie . man saying one thing now , unsaying it anon , breaking all 's engagements , when deeds for him are done . o power where art thou , that must mend things amiss ? come change the heart of man , and make him truth to kiss : o death where art thou ? wilt thou not tidings send ? i fear thee not , thou art my loving friend . come take this body , and scatter it in the four , that i may dwell in one , and rest in peace once more . the contents of the order and work of every common-wealths officer . chap. i. that true commonwealths freedom lies in the free enjoyment of the earth . pag , , , &c. the glory of israels commonwealth was this , they had no begger among them . , a short declaration to take off prejudice . . chap. ii. what is government in general . what is kingly government , or monarchy . , , &c. what is commonwealths government . , , &c. chap. iii. where began the first original of government in the earth among mankinde . there be two roots from whence laws do spring . all officers in true magistracy of a commonwealth are to be chosen officers . , all officers in a commonwealth are to be chosen every year . who are fit to choose , and who fit to be chosen officers in a commonwealth . , chap. iv. what are the officers names in a free commonwealth . , the work of a father or master in a family . the work of a peace-maker . , the work of an overseer to preserve peace . , the work of an overseer for trades . , the work of an overseer , to see particular tradesmen bring their works to shops and store-houses . pag. . all ancient men above sixty years of age are general overseers . . what is the office of a souldier . . what is the office of a task-master . , . what is the office of an executioner . . what is the work of a judg. ibid. what is the judges court , or county senate . what is the work of a parliament in general . the first work of a commonwealths parliament . the second work of a parliament . the third work of a parliament . the fourth work of a parliament . the work of a commonwealths ministry . the office of the post-master . the rise of a commonwealths army . an army is twofold , viz. a ruling army . ibid. secondly , a fighting army , and the use thereof . ibid. how an army may be murtherers and unlawful . chap. v. education of mankind to schools and trades . . what trades should mankind be brought up in . . there shall be no buying and selling of the earth , nor of the fruits thereof . . how the earth is to be planted . . store-houses shall be built and appointed in all places , and be the common stock . . chap. vi . the kings old laws cannot govern a free commonwealth . . what is law in general . . short and pithy laws are best to govern a commonwealth . . what are those particular laws whereby a commonwealth is governed in a right order . , , &c. these books following , written by jerrard winstanley , are to be sold by giles calvert at the black spred-eagle at the west end of pauls . i. the breaking of the day of god , or prophecies fulfilled . ii. the mystery of god concerning the whole creation , mankinde . iii. the saints paradise , set forth for the comfort of such as are under spiritual burning . iv. truth lifting up its head above scandals . v. the new law of righteousness . finis . a letter from the lord general monck and the officers here, to the several and respective regiments and other forces in england, scotland, and ireland albemarle, george monck, duke of, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing a ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing a estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a letter from the lord general monck and the officers here, to the several and respective regiments and other forces in england, scotland, and ireland albemarle, george monck, duke of, - . sheet ([ ] p.) printed for john macock, london : . broadside. "whitehall, feb. . ." reproduction of original in bodleian library. eng great britain -- politics and government -- - . broadsides -- england -- london -- th century a r (wing a ). civilwar no a letter from the lord general monck and the officers here, to the several and respective regiments and other forces in england, scotland, a albemarle, george monck, duke of c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - john pas sampled and proofread - john pas text and markup reviewed and edited - pfs batch review (qc) and xml conversion a letter from the lord general monck and the officers here , to the several and respective regiments and other forces in england , scotland , and ireland . dear brethren and fellow-souldiers , you cannot be ignorant of the many endeavours and earnest desires of many good men in these nations , to bring us to a settlement , which it hath pleased god to disappoint unto this day , and leave us as a broken and divided people , ready to run into blood and confusion ; which that we might prevent so great calamities impending , after our earnest seeking god for his direction and assistance , we finde no expedient so likely for the satisfaction of the good people , and the quiet and welfare of this commonwealth , as the re-admission of the secluded members , in order to a legal dissolution of this parliament by their own free consents , and to issue writs for a future full representative of the whole commonwealth of england , scotland , and ireland , under such qualifications as may secure our cause , to convene on the twentieth day of april next at westminster , for the establishing of this commonwealth upon the foundations of justice and true freedom , and to take away all just jealousies from you , we do assure you , that we shall joyn with you in the maintenance of those ends expressed in the enclosed , and do expect your cheerful concurrence with us ; and we desire to take god to witness , that we have no intentions or purposes , to return to our old bondage ; but since the providence of god hath made us free at the cost of so much blood , we hope we shall never be found so unfaithful to god and his people , as to lose so glorious a cause ; but we do resolve with the assistance of god , to adhere to you in the continuing of our dear purchased liberties , both spiritual and civil . the reason of our proceedings in this manner may seem strange , but if 〈◊〉 duely consider the necessities of our affairs , and the present state of things , you will certainly conclude nothing so safe to secure publick interest , and to engage the nations peaceably to submit to a free-state ; most of these members having given us full assurance , that their session in parliament shall not be longer than absolute necessity will require , to the putting the government into successive parliaments , they not being free so to act by the old writts , as when they shall be called upon a common-wealth account , and it 's the opinion of the truest friends to a free state , that it cannot be consistent with the perpetual sitting of these members , being contrary to the nature of such a government . and as we are confident the present parliament now sitting , will not repeal any of the acts , ordinances , or orders of this parliament , for sales , or publique disposition of lands ; so we shall in our station observe , and cause to be observed , all other acts and ordinances of this parliament , whatsoever , and humbly interpose with the next succeding parliament , not only to pass a farther act of confirmation , of all such sales and dispositions of lands , here and in scotland , but also of all the distributions , and dispositions of lands and houses in ireland , to the souldiery , adventurers , or any other persons , made by or in pursuance of any of the acts , ordinances , or orders of this present parliament , or any pretended parliamentary authority . and we intreat you to send up an officer , to give to the l. gen. monck an account of your acquiescence with us herein : and if any dis-affected persons shall hereby take occasion to make disturbance of the peace of the common-wealth , either in favour of charles stuart , or any other pretended authority , we desire you to secure them , till the pleasure of the parliament or council of state be known in that behalf . you shall speedily receive encouragement and supplies of moneys , and indeed it was not the least motive to induce us to this way of composure of affairs , that we might facilitate the raising of moneys for the subsistence of the army and navy , which would not otherwise have been done ( if at all ) bu● with effusion of blood . we have nothing more at this time , but to assure you that we shall ever remain , whitehall , feb , . . dear brethren and fellow-souldiers , your very affectionate friends . london , printed by , john macock . . his majesties answer to the petition of the lords and commons in parliament assembled presented to his majestie at york, june , : together with a catalogue of the names of the lords that subscribed to levie horse to assist his majestie in defence of his royall person, the two houses of parliament, and the protestant religion. charles i, king of england, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing c a). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing c a estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) his majesties answer to the petition of the lords and commons in parliament assembled presented to his majestie at york, june , : together with a catalogue of the names of the lords that subscribed to levie horse to assist his majestie in defence of his royall person, the two houses of parliament, and the protestant religion. charles i, king of england, - . england and wales. parliament. humble petition of the lords and commons assembled in parliament, presented to his majestie at york, the of june, . [ ] p. printed by b.a. for robert wood, london : . in reply to "the humble petition of the lords and commons assembled in parliament, presented to his majestie at york, the seventeenth of june, " the text of which appears on p. [ - ] reproduction of original in the harvard university library. eng great britain -- history -- civil war, - -- sources. great britain -- politics and government -- - . a r (wing c a). civilwar no his majesties ansvver to the petition of the lords and commons in parliament assembled. presented to his majestie at york, june . . to england and wales. sovereign d the rate of defects per , words puts this text in the d category of texts with between and defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - taryn hakala sampled and proofread - taryn hakala text and markup reviewed and edited - pfs batch review (qc) and xml conversion his majesties answer to the petition of the lords and commons in parliament assembled . presented to his majestie at york , june . . together , with a catalogue of the names of the lords that subscribed to levie horse to assist his majestie , in defence of his royall person , the two houses of parliament , and the protestant religion . london , printed by b. a. for robert wood . . to the kings most excellent majestie . the humble petition of the lords and commons in parliament assembled . yo 〈…〉 most 〈…〉 faithfull subjects , the lords and commons assem 〈…〉 great number of the gentry , free-holders , 〈…〉 sembled there by your majesties command the 〈…〉 are unto us , that having taken a resolution to addresse themselves 〈…〉 tie in the humble way of a petition , for the redresse of those grievances which they now lie under , they were violently interrupted and affronted therein by the earle of linsey , the lord savill , and others , and notwithstanding all the means they could use to present their just desires to your majestie , yet they could not prevail with your majeste to accept of their petition ; the copie whereof they have sent to us , with an humble desire , that we would take such course therein as may tend to the preservation of their liberties , and the peace of the kingdome ; and that we would addresse our selves to your majestie in their behalf that by our means their desires may finde better acceptation with your majestie ; whereupon , having seriously weighed , and considered the particulars of those their complaints and desires , as they are laid down in their petition , and finding that the grievances they complain of are the increase of the miseries formerly sustained by that county , ( which hath well-nigh for three yeers last past been the tragicall stage for armies and war ) by reason of your majesties distance in residence , and difference in counsels from your great councell the parliament , begetting great distempers and distractions thorowout the kingdom , and especially in that county ; the drawing to those parts great numbers of discontented persons that may too justly be feared do affect the publike ruine for their own private advantage ; the drawing together of many companies of the trained bands and others both of horse and foot of that county , and retaining multitudes of commanders and cavaliers from other parts ; the daily resort of recusants to your majesties court at york . the great preparations of arms and other warlike provisions , to the great terrour and amazement of your majesties peaceable subjects , and causing a great decay of trade and commerce amongst them . all and every of which particulars are against the law , which your majestie hath made so many and so frequent professions to uphold and maintain . and the lords and commons finding on the other side their humble desires to be , that your majestie would hearken to your parliament , and declining all other counsels wharsoever , unite your confidence to your parliament , and that your majestie would not divide your subjects joint dutie to your majestie , the parliament and kingdom , not destroy the essence of your great councell and highest court , by subjecting the determinations and counsels thereof to the counsels and opinions of any private persons whatsoever ; that your majestie having passed an act , that this parliament shall not be dissolved , but by act of parliament , your majesty would not do any thing tending thereunto , by commanding away the lords and great officers , whose attendance is necessary therunto ; that your majestie having expressed your confidence in the affections of that county , you would please to dismisse your extraordinary guards , and the cavaliers and others of that quality , who seem to have little interest or affection to the publike good , their language and behaviour speaking nothing but division and war , and their advantage consisting in that which is most destructive to others . and lastly , that in such consultations and propositions as your majestie maketh to that countie , such may not be thrust upon them as men of that countie , that neither by their fortune or residence are any part of it . all which their humble and most just desires being according to law , which your majestie hath so often declared should be the measure and rule of your government and actions ; and we your majesties most faithfull subjects the lords and commons fully concurring with the gentlemen and others of the county of york , in their assurance that those desires of theirs will abundantly redound to the glory of god , the honour and safety of your majestie , the good of your posteritie , and the peace and prosperitie of this kingdom ; we humbly bescech your majestie graciously to hearken unto them , and to grant them ; and that you would joyn with your parliament in a speedy and effectuall course for the preservation of their liberties , and the peace of the kingdom , which duty as we are now called upon by that countie to discharge , so do we stand engaged to god and man for the petformance thereof by the trust reposed in us , and by our solemn vow and protestation ; and your majestie , together with us , stands engaged by the like obligation of trust , and of oath , besides the many and earnest professions and protestations , which your majestie hath made to this purpose to your whole kingdom in generall , and to that countie in particular ; the peace and quiet of the kingdom ( as is well observed by the gentlemen and free-holders of yorkshire in their petition ) being the onely visible means under god , wherein consists the preservation of the protestant religion , the redemption of our brethren in ireland , and the happinesse and prosperitie of your majestie and all your dominions . his majesties answer to the petition of the lords and and commons in parliament assembled , presented to his majestie at york the . of iune . . his majesty having carefully weighed the matter of this petition presented to him at york on friday the . of june , by the lord howard , sir hugh cholmley , sir philip stapleton ; though he might refer the petitioners to his two last declarations , wherein most of the particulars in this petition are fully answered , or might refuse to give any answer at all , till he had received satisfaction in those high indignities he hath so often complained of , and demanded justice for , yet that all the world may see how desirous his majestie is to leave no act which seems to carry the reputation of both his houses of parliament , and in the least degree to reflect upon his majesties justice and honour , unanswered ; is graciously pleased to return this answer : 〈…〉 mentioned to be presented to both houses of parliament had bill annexed is this now delivered to him , his majesty might have discerned the 〈◊〉 and quality of the petitioners , which his majesty hath great reason to beléeve , was not in truth so considerable as is pretended : for his majesty assures you , that he hath never refused any petition so attested as that would be thought to be ; but his majesty well remembers , that on the third of june , wh●n there was upon his majesties summons the greatest , and most chéerefull concourse of people that over was beheld of one county , appearing before him at york , a gentleman ( one sir thomas fayrfax . ) offered in that great confluence a petition to his majesty , which his majesty séeing to be avowed by no man but himselfe , and the generall and universall acclamations of the people séeming to disclaime it , did not receive ; conceiving it not to be of so publike a nature , as to be fit to be presented or received in that place : and h●s majesty is most confident , ( and in that must appeale to those were then present ) that what ever the substance of that petition was , it was not consented to b● any considerable number of gentry , or fréeholders of this county ; by a few , meane , inconsiderable persons , and disliked , and visibly discountenanced by the great body of the knowne gentry , clergy , and inhabitants of this whole county : and if the matter of that petition was such as is suggested in this , his majesty hath great reason to beléeve it was framed and contrived ( as many others of such nature have béene ) in london , not in yorkshire : for sure no gentleman of quality and understanding of this county would talke of his great preparations of armes , and other warlike provisions , to the great terrour and amazement of his peaceable subjects , when they are witnesses of the violent taking his arms from him , and stopping all wayes for bringing more to him : and if there were no greater terror and amazement of his majesties peaceable subjects in other places by such preparations and provisions , there would be no more cause to complaine of a great decay of trade and commerce there , then is in this place : but his majesty hath so great an assurance of the fidelity and generall affections of his good subjects of this county , which he hopes will prove exemplar over his whole kingdome ) that he hath great cause to beleeve ; that they doe rather complaine of his majesties confidence , and of his slownesse , that whilst there is such endeavour abroad to raise horse , and to provide armes against his majesty , and that endeavour put in execution , his majesty trusts so much to the justice of his cause , and the affections of his people , and neglects to provide strength to assist that justice , and to protect those affections . for any affronts offered by the earle of lindsey , or the lord savill , to those who intended to petition his majesty : his majesty wishes that both his houses of parliament would have examined that information , and the credit of the informers , with that gravity and deliberation , as in cases which concerne the innocence and honour of persons of such quality hath béene accustomed , before they had proscribed two péeres of the realme , and exposed them ( as much as in them lay ) to the rage and fury of the people , under the character of being enemies to the common-wealth , a brand newly found out ( and of no legall signification ) to incense the people by , and with which the simplicity of formed 〈…〉 mes 〈…〉 and then his majestie hath some reason to beléeve they would have found themselves as much abused in the report concerning those lords , as he is sure they are in those which tell them of the resort of great numhers and discontented persons to him , and of the other particulars mentioned to to be in that petition : whereas they who observe what resort is here to his majesty , well know it to bee of the prime gentlemen of all the counties in england , whom nothing but the love of religion , the care of the lawes , and liberties of the kingdome , besides their affection to his person , could engage into great journeys , trouble and expence , men of as precious reputation , and as exemplary lives , as this nation hath any , whose assistance his majesty knowes he must not expect , if he should have the least designe against honour and justice : and such witnesses his majesty desires to have all his actions . for the declining other counsells and the uniting his confidence to his parliament , his majesty desires both his houses of parliament seriously and sadly to consider , that it is not the name of a great or little councel that makes the results of that counsell just or unjust : neither can the imputation upon his majesty of not being advised by his parliament ( especially sines all their actions and all their orders are exposed to the publike view ) long mislead his good subjects , except in truth they sée some particular sound advice necessary to the peace and hapinesse of the common-wealth dis-ostéemed by his majesty , and such an influence he is most assured neither can nor shall be given , and that they will thinke it merit in his majesty from the common-wealth to rejoin such a counsell as would perswade him to make himselfe none of the three estates by giving up his negative voyce to allow them a power superiour to that which the law hath given him , whensoever it pleaseth the major part present of both houses to say that he doth not discharge his trust as he ought , and to subject his and his subjects unquestionable right and propriety to their uotes , without and against law , upon the méer pretence of necessity . and his majesty must appeale to all the world , who it is that endeavours to divide the joynt duty of his subjects , his majesty who requires nothing but what their owne duty , guided by the infallible rule of the law , leads them to doe , or they who by orders and uotes ( opposite and contradictory to law , custome , president and reason ) so confound the affections and understandings of his good subjects , that they know not how to behave themselves with honesty and safety , whilest their conscience will not suffer them to submit to the one , nor their security to apply themselves to the other . it is not the bare saying that his majesties actions are against the law ( with which he is reproached in this petition , as if hée departed from his often protestations to that purpose ) must conclude him , there being no one such particular in that petition alleadged , of which his majesty is in the least degrée guilty : whether the same reverence and estéeme be paid by you to the law ( except your owne uotes be judge ) néeds no other evidence , then those many , very many orders published in print , both concerning the church and state , those long imprisonment of severall persons without hearing them upon generall information , and the great and unlimited fees to your office 〈…〉 , worse then the imprisonment , and the arbitrary consure upon them when they are admitted to be heard : let the law be judge by whom it is violater . for that part of the petition which séems to accuse his majesty of a purpose to dissolve this parliament ( contrary to the act for the continuance 〈…〉 … ing away the lords and greāt officers , whose attendance is necessary , which his majesty well knowe to be a new calumny , by which the grand confrivers of ruine for the state hope to seduce the minds of the people from their affection to , or into jealousie of his majesty , as if he meant this way to bring this parliament ( which may be the case of all parliaments ) to nothing ; it is not possible for his majesty more to exeresse his affection to , and his resolution for the fréedom , liberty , and frequency of parliaments , then he hath done ; and whosoover considers how visible it must be to his majesty , that it is impossible for him to subsist without the affections of his people , and that those affections cannot possibly be preserved or made use of but by parliaments , cannot give the least credit , or have the least suspition , that his majesty would chuse any other way to the happinesse he desires for himself and his posterity , but by parliaments : but for his calling the lords hither , or any others absenting themselves , who have not bin called , who ever considers the tumults , which no votes or declaration can make to be no tumults , by which his majesty was driven away , and many members of either house in danger of their lives , the demanding the names of those lords who would not consent to their propositions by message from the house of commons delivered at the bar by m. hollis , with that most tumultuous petition in the name of many thousands , among many other of the same kind , directed to the house of commons , and sent up by them to the house of lords , taking notice of the prevalence of a malignant faction , which made abortive all their good motions , which tended to the peace and tranquility of the kingdom , desiring that those nobleworthies of the house of peers ; who concurred with them in their happy uotes , might be earnestly desired to ioyn with that honourable house , and to sit and vote as one entire body , professing that some spéedy remedy were taken for the removal of all such obstructions as hindred the happy progresse of their great endeavours , their petitioners should not rest in quietnesse , but should bee enforced to lay hold on the next remedy which was at hand to remove the disturbers of their peace , and want and necessity breaking the bounds of modesty , not to leave any meanes unassayed for their relief adding that the 〈◊〉 of the poor and needy was , that such persons who were the obstacles of their peace , and hinderers of the happy procéedings of parliament might be forthwith publikely declared , whose removall they conceived would put a period to these distractions : upon which a great number of lords departing , the uote in order to the ordinance concerning the militia was immediatly past , though it had bin twice before put to the question , and rejected by the uotes of much the major part of that house . and whosoever considers the strange orders , uotes , and declarations , which have since passed , to which whosoever would not consent , that is , with freedom and liberty of language , and reason professe against , was in danger of censure and imprisonment , will not blame our care in sending for them , or theirs in comming , or absenting themselves from being involved in such conclusions . neither will it be any objection , that they stayed there long after any fumults were , and therfore that the tumults drave them not away ; if every day produced orders and resolutions as illegall as , and indéed but the effects of the tumults , there was no cause to doubt the same power would be ready to prevent any opposition to those orders after they were made ▪ which had made way and preparation for the propositions of them , and so whosoever conceived himself in danger of future tumults , against which there is not the least provision , was driven away by those which were past and his majesty hath more reason to wonder at those who stay behind , after all big legall power is ●oted from him , and all the people told , that he might bée with modesty and duty enough deposed , then any man hath at those who have bin willing to withdraw themselves from the place where such desperate and dangerous positions are avowed : which his majesty doth not mention with the least thought of lessening the power or validity of an act , to which he hath given his assent this parliament : all and every of which he shall as inviolably observe , as he looks to have his own rights preserved , but to shew by what means so many strange orders have of late bin made : and to shew how earnestly his majesty desires to be present at , and to receive advice from both houses of parliament , against whom it shall be never in the power of a malignant party to incense his majesty , his majesty again offers his consent , that both houses may be adjorned to 〈…〉 place , which may be thought convenient , where his majesty will bée 〈…〉 the members of either house will make a full appea 〈…〉 mission which must attend such an adjournment may not be the 〈…〉 of recovering that temper , which is necessary for such de 〈…〉 and this his majesty conceives to be so very necessary , that if the minds and inclinations of every member of either house were equally composed , the licence is so great , that the mean people about london and the suburbs have taken , that both for the liberty and dignity of parliament that convention for a time should be in another place . and 〈…〉 e how much soever the safety and security of this kingdome depends on parliaments , it will never be thought that those parliaments must of necessity be at westminster . his majesties confidence is no lesse then he hath expressed ( and hath great cause to expresse ) in the affections of this county , an instance of which affections all men know his guard ( which is not extraordinary ) to be , and wonders that such a legall guard at his own charge for his person ( within . miles of a rebellion , and of an army in pay against him should be objected by those , who for so many months , and in a place of known and confessed security , have without and against law kept a guard for themselves at the charge of the common-wealth , and upon that stock of money which was given for the relief of the miserable and bleeding condition of ireland , or the payment of the great debt due to our kingdom of scotland . for the resort of papists to the court , his majesties great care for the prevention therof is notoriously known , that when he was informed . or . of his intended guard were of that religion he gave especiall direction , with expressions of his displeasure , that they should be immediatly discharged , and provided that no person should attend on him under that relation , but such as took the oaths of allegeance , and supremacie ; that he commanded the sheriffe to proceed with all severity according to the law against all papists that should come within five miles of the court , and if notwithstanding this , there be any papists neer the court , ( which his majesty assures you he knows not , nor hath heard but by this petition ) he doth hereby command them to depart , and declares to all officers and ministers of justice , that they shall proceed strictly against them according to the law , and as they will answer the contrary at their perils . for the language and behaviour of the cavaléers ( a word by what mistake soever it seems much in disfavour ) there hath not bin the least complaint here and therfore it is probable the fault was not found in this county . neither can his majesty imagine what is meant by the mention of any men thrust ●pon them in such consultations and propositions as his majesty makes to this county , who are neither by their fortune or re 〈…〉 dence any part of it , and therfore can make no answer to it . to conclude , his maiesty assures you he hath never cefused to receive any petition , whether you have or no , your selues best know , and will consider what reputation it will be to you of justice or ingenuity to receive all petitions how senslesse and scandalous soever of one kind ▪ under pretence of understanding the good peoples minds and affections , and not only refuse the petition , but punish the petitioners of another kind , under colour that it is not a crime that they are not satisfied with your sense , as if you were only trusted by the people of one opinion : to take all pains to publish and print petitions which agrée with your wishes , though they were never presented , and to use the same industry and authorlty to keep those that indéed were presented and avowed from being published ( though by our own authority ) because the argument is not pleasant to you , to pretend impartiality and infallibility , and to expresse the greatest passion and affection in the order of your procéeding , and no lesse error and mis-understanding in your judgments and resolutions , he doth remember well the obligation of his trust , and of his oath ▪ and desires that you will do so too , and your own solemn now and protestation , and then you will not only think it convenient , but necessary to give his majesty a full reparation for all the scandals laid upon him , and all the scandalous positions made against him , and that it is lesse dishonour to retract errors , then by avowing to confesse the malice of them , and will sée this to be the surest way for the preservation of the protestant religion , the redemption of our brethren in ireland , the happinesse and prosperity of your selves and of all our dominions , and of the dignity and fréedome of parliament . a catalogue of the names of the lords that subscribed to levie horse , to assist his majesty in the defence of , &c. the prince the duke of york lord keeper duke of richmond . l marquesse hartford l. great chamberlaine e. of cumberland e. of huntington e. of bath e. of southampton e. of dorset e. of northampton e. of devonshire e. of dover e. of cambridge e. of bristol e , of westmerland e. of barkshire and l. andover . e. of monmouth e. rivers e. of carnarvan e. of newport l. mowbray l. willoughby l. gray of ruthin l. lovelace l. paget l. faulconbridge to come . l. rich l. paulet l. newarks l. montague l. coventry l. savill l. mohun l. dunsmore l. seymor l. capell l. faulkland mr. comptroller m. secret. nicholas l. ch. iustice banks the l. thanet is not here , but one hath undertaken for . for him . sum. totall , ▪ by the king. his maiesties proclamation forbidding the tendring or taking of the late vow or covenant, devised by some members of both houses to engage his maiesties good subjects in the maintenance of this odious rebellion. england and wales. sovereign ( - : charles i) this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing c thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) by the king. his maiesties proclamation forbidding the tendring or taking of the late vow or covenant, devised by some members of both houses to engage his maiesties good subjects in the maintenance of this odious rebellion. england and wales. sovereign ( - : charles i) charles i, king of england, - . sheet ([ ] p.) by leonard lichfield, printer to the university, printed at oxford [i.e. london] : . actual place of publication from wing. dated at end: given at our court at oxford the one and twentieth day of iune, in the nineteenth year of our raigne. with engraving of royal seal at head of document. reproductions of the originals in the harvard university library (early english books), and the british library (thomason tracts). eng great britain -- history -- civil war, - . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no by the king. his maiesties proclamation forbidding the tendring or taking of the late vow or covenant, devised by some members of both house england and wales. sovereign a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion cr honi soit qvi mal y pense royal blazon or coat of arms ¶ by the king . his maiesties proclamation forbidding the tendring or taking of the late vow or covenant , devised by some members of both houses to engage his maiesties good subiects in the maintenance of this odious rebellion . vvhereas we have lately seen a vow or covenant pretended to be taken by some members of both houses of parliament , whereby after the taking notice of a popish and traiterous plot for the subversion of the true reformed protestant religion , and the liberty of the subject , and to surprize the cities of london and westminster , they doe promise and covenant , according to their utmost power , to assist the forces pretended to be raised and continued by both houses of parliament , against the forces raised by us , and to assist all other persons that shall take the said oath , in what they shall doe in pursuance thereof ; which oath as the same hath been taken without the least colour or ground , the contrivers thereof well knowing that there is no popish army within this kingdom , that we are so far from giving countenance to that religion , that we have alwayes given , and always offered our consent to any act for the suppression of popery and the growth thereof ; and that the army raised by us is in truth for the necessary defence of the true reformed protestant religion established by law , the liberty and property of the subject , and our own just rights according to law , all which being setled and submitted to , or such a free and peaceable convention in parliament being provided for , that the same might be setled , we have offered and are still ready to disband our armies ; and as the said oath was devised only to prevent peace , and to preengage the votes of the members of both houses ( directly contrary to the freedom and liberty of parliament ) & to engage them and our good subjects in the maintenance of this horrid and odious rebellion ; so it is directly contrary , as well to their naturall duty as to the oaths of allegiance & supremacie established by law , which obliges them to bear to vs truth and faith of life , members and earthly honour , and to defend us to the utmost of their powers against all conspiracies and attempts whatsoever , which shall be made against our person , our crown and dignity , and to do their best endeavours to disclose and make known to us all treasons and traiterous conspiracies which shall be against us , and to their power to assist and defend all jurisdictions , priviledges , preheminences , and authority belonging to us , or united and annexed to the imperiall crowne of this realme . and whereas we are informed that some desperate seditious persons doe endeavour to perswade and seduce others of our subjects to take the said oath , thereby to engage them & this kingdom into a continuance of these miserable and bloody distempers , we doe therefore out of grace and compassion to our people , and that they may not by any craft or violence suffer themselves to be seduced against their duty and conscience , warne them of their naturall allegiance , and their obligations by oathes lawfully administred to them , and with them to remember the great blessings of god in peace and plenty which the whole kingdome hath received , whilst that duty and these oathes were carefully observed , and the unspeakable miseries and calamities they have suffered in the breaking and violation thereof . and we doe straitly charge and command our loving subjects of what degree and quality soever , upon their allegiance , that they presume not to take the said seditious and traiterous vow or covenant , which endeavours to withdraw them from their naturall allegiance which they owe unto us , and to which they are or ought to be sworn , and are bound by the known laws of the land , albeit they are not sworn , and engages them in acts of high treason by the expresse letter of the statute of the . year of king edward the third . and we doe likewise hereby forbid and inhibit all our subjects to impose , administer , or tender the said oath or covenant : and if not withstanding this our gracious proclamation any person s ; hall presume to impose , tender , or take the said vow or covenant , we shall proceed against him or them with all severit , according to the known laws of the land . given at our court at oxford the one and twentieth day of iune , in the nineteenth year of our raigne . god save the king . printed at oxford by leonard lichfield , printer to the university . .